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Agenda 03-18-03The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA MARCH 18, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLTC PART/CTPAT/ON AT CZTY OF BOYNTON BEACH COHHTSSTON HEL=T/NGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda :items: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda :items: These are items which the Commission will discuss individually in the order listed on the agenda. · ¥oice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKZNG AT COMM:ISS:ION MEEI'ZNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter withir~ the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters n~l; listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda :Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESS:lNG THE COMM:ISS:ION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beact Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA March 18, 2003 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald BroenJng B. Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson D. IF YOU WISH TO ADDRESS THE COMMISSION: , FILL OUT THE APPROPR.T. ATE REQUEST FORM · GIVE z'r TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E, Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENTS~ COMMUNITY & SPECIAL EVENTS~ & PRESENTATIONS: A. Announcements: 1. Informational announcement for program of recognition and support for Company D (Delta Demons) of 2"d Battalion, 327~ Infantr~ Regiment of 101s~ Airborne Division, United States Army B. Community and Special Events 1. Oceanfront Concert Series - Friday, March 21, 2003 - "Island Heat" Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 C. Presentations: 1. Proclamations: a. "Workplace Eye Safety Month"- March 2003 2. Presentation by the Palm Beach County School Readiness Coalition, ]:nc. (William Moss, Chairman) 3. Accept Annual Financial Report for Fiscal Year ended September 30, 2002 (Tabled on February 18, 2003) [V. ADM];N]~STRATWE: A. Accept letter of resignation from Dan Winters, Regular Member of the Recreation & Parks Board B. Appointments to be made: None (Advisory Board appointments will appear on the April 1st agenda) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of February 13, 2003 2. Regular City Commission Meeting of February 18, 2003 3. City Commission Workshop of February 25, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Approve purchase from Lawmen's & Shooters of one small gun ultrasonic cleaning system for $547 and one long gun ultrasonic cleaning system for $4,495 (Police Department) 2. Award bid for the "PURCHASE OF ONE NEW & UNUSED DUAL S]:DE LOAD]:NG D]:ESEL POWERED RECYCI TNG TRUCK TO INCLUDE A TRADE ]:N," Bid #089-2516-03/CJD to PALM PETERB]:LT & GMC TRUCKS, INC. OF FT. LAUDERDALE, FL. in the amount of $92,349.10 3. Award bid for the REPLACE/]:NSTALL HVAC SYSTEM AT THE BOYNTON BEACH LI:BRARY, LOCATED AT 208 S. SEACREST BLVD., B]:D #020-2413- 2 Agenda Regular City Commission Meeting Boynton Beach, Florida Harch 18, 2003 03/C_ID, to COMFORT TECH AIR OF HIALEAH, FLORIDA in the amount of $221,900 (Proposed Resolution No, RO3-O34) 4. Award Phase II of the PREPARA'I'iON OF A GREENWAY/BIKEWAY MASTER PLAN, RFQ #041-2413-02/KR to URS CORPORA'I3:ON at a cost "NOT TO EXCEED" $64,500 (Proposed Resolution No. RO3-O35) 5. Award "CO-OP LIQUID CHLORINE CALCIUM AND SODIUM HYPOCHLORITE" (West Palm Beach is the lead agency), BID #044-2821- 03/iA to JONES CHEMICALS INC. and ALLIED UNIVERSAL CORP. who were the lowest, most responsive bidders who met all specifications for an estimated annual expenditure of $79,750 (Contract period: April 1, 2003 through March 31, 2004) C. Resolutions: 1. Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City (TABLED TO I4ARCH 18z 2003) 2. Proposed Resolution No. R03-036 Re: Approving the recommendation by South Central Regional Wastewater Treatment and Disposal Board to fund the Task Order for Hazen 8, Sawyer to complete design and construction services for the next phase of the plant's reuse program. Total value of this Task Order will be $88,000 divided between Boynton Beach and Delray Beach requiring each to fund $44,000 3. Proposed Resolution No. R03-037 Re: Authorizing release of a cash bond of $23,000 to VDS Associates, Ltd. for the project known as the Clubhouse at Villa Del Sol 4. Proposed Resolution No. R03-038 Re: Ratifying Letter of Understanding between the City and the International Association of Firefighters Union clarifying the language in Article 30, Longevity, of the L~FF contract 5. Proposed Resolution No. R03-039 Re: Approving Amendment No. 2 to Task Order No. 01-05 to Camp, Dresser & McKee (CDM) for additional engineering services for the 1:NCA Stormwater Management Improvements and Water Main Replacement project in the amount of $45,800 6. Proposed Resolution No. R03-040 Re: Authorizing submittal of application for Assistance under the F.I.N.D. Waterways Assistance Program Agenda Regular City Commission Heeting Boynton Beach, Florida Harch 18, 2003 7. Proposal Resolution No. R03-041 Re: Approving the execution of Task Order #01-09 with Utilities General Engineering Consultant, Metcalf 8, Eddy, with a maximum upper limit of $:282,559 for production well services at the western wellfield 8. Proposed Resolution No. R03-042 Re: Approving the execution of a Grant Agreement between the City of Boynton Beach and the State of Florida, Department of State, Division of Library and ]:nformation Services, for the expansion project of the Boynton Beach City Library to secure the grant amount of $500,000 9. Proposed Resolution No. R03-043 Opposing the Governor's proposed Fiscal Year 2003/2004 budget that eliminates the State Housing Trust Fund and reduces by approximately $94.5 million the funds available for affordable housing 10. Proposed Resolution No. R03-044 Authorizing the execution of Change Order No. 3, Revision 1 in the amount of $71,373.09 for the Seacrest Estates Water Main Replacement and Swale ]~mprovements Project with Megan South, ]:nc. 11. Proposed Resolution No. R03-045 Re: Accepting a Letter of Credit No. 637961 from Fidelity Federal Bank and Trust in the amount of $101,597.10 as surety for the installation of water and sewer improvements for the project known as Medical Arts Professional Center D. Ratification of Planning & Development Board Action: 1. Motorola P]:D (USAP 03-001), Southeast corner of Gateway Boulevard and Congress Avenue - Request to approve a list of permitted uses for the 39.3-acre P]:D 2. Mobil on the Run (SPTE 02-005) Woolbright and Congressf 2605 West Woolbright Road - Request for a site plan time extension of the site plan approval granted on 3anuary 2, 2002 to January 2, 2004 E. Ratification of CRA Action: 1. Holly Variance (ZNCV 03-001), 133 NE 4~ Avenue - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a and 5.E.2.a, requiring 60' minimum lot frontage to allow a 10' variance, resulting in a 50' lot frontage for a single-family house within an R-2 zoning district; and Agenda Regular City Commission Meeting Boynton Beach, Florida Harch 18, 2003 Request relief from Chapter 2, Zoning, Section 5.F.2.a, requiring a minimum side yard setback of 10' to allow for a variance of 2.5' and a side setback of 7.5' on each side for a single-family home within the R-2 zoning district F. Authorize eminent domain proceedings for the acquisition of ~, parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7t~ to 10th Avenue Stormwater l~mprovement Project (INCA Project) G. Accept the written report to Commission of purchases over $10,000 for the months of January and February 2003 for informational purposes H. Approve the "SURPLUS E(~UIPMENT LIST" as submitted by staff and allow for disposal of same I. Authorize the City Manager to submit a Development Regions Core Grant application to Palm Beach County Department of Economic Development on behalf of Boynton Seafood .1. Authorize the City Manager to submit a Development Regions Core Grant application to Palm Beach County Department of Economic Development on behalf of :Innovative Window Concepts LLC K. Authorize the allocation of $2,000 of Community Investment Funds requested by Commissioner McCray for the Boynton Beach HeadStart Program L. Authorize payment of $71,289.77 to FEC Railway Company for improvements made to the railroad crossings at NE 6~ Avenue and SE 12~ Street V~. CODE COIqPL~NCE & LEGAL SE'n'LEf4ENTS: None VIZ. PUBLIC AUDZENCE: [NDZ~/~DUAL SPEAKERS W~LL BE LZIqTrED TO 3-1~IZNUTE PRESENTA'r[ONS VIII. PUBLZC HEARZNG: 7:00 P.F4. OR AS SOON THEREAFTER AS THE AGENDA PERI, Il'rS A. Project: Gateway Plaza (COUS 02-005) ('TABLED BY C]7'Y COl~fl~f$$$.rON TO I~fARCff .~8~ 2003) Agent: H. Burton Smith, P.E. Owner: IONB Charitable Trust 5 Agenda Regular City Commission Meeting Boynton Beach, Florida March 18, 2003 Location: Lot 9! - Quantum Park PTD (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PI~D) Description: Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel B. Project: Schnars Business Center (ABAN 02-003) (Tabled to I~farch .ZS~ 2003,) Agent: .]effmy T. Schnars, Schnars Engineering Corp. Owner: Ruth T. Dolly Location: 924 North Federal Highway Description: Request for abandonment of the 20-foot alley lying between Lot 20 and Lo~ 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement win a utility easement C. Project: Beck's Towing & Recovery (LUAR 03-00) Agent: Carl A. Cascio, P.A. Owner: Custom Property Services, Inc. (Contract Pending) Location: 410 NE 5~ Avenue Description: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I); and Request to rezone subject property from C-4 General Commercial to M-1 Industrial . ]:X. Cl'TY f4ANAGER'S REPORT: None X. FUTURE AGENDA TI'EMS: A. Review revocation of the license agreement between the City of Boynton Beach and .lordan Wrecker Service (April 1, 2003) B. Update on Heart of Boynton Project (April 1, 2003) C. Authorize and approve the Scope of Services for the 2003-04 Fire Assessment Work Plan with Government Services Group, l~nc. at a cost not to exceed $20,000 (April 1 or April 15, 2003) D. Workshop regarding Cemetery options and proposal by Cemetery Board to expand cemetery west into Little League Park (Summer 2003) 6 Agenda Regular City Commission HeeUng Boynton Beach, Florida Harch 18, 2003 E. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No, R03- ) F. FRA Whistle Ban - Report (TBA) Delayed due to Federal Railway Administration Delay in Rulemaking XZ. NEW BUSZNESS: A. Discussion of Community Redevelopment Agency X]:I. LEGAL: A. Ordinances - 2nd Reading - PUBLTC HEARING 1. Proposed Ordinance No. 03-005 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Mixed Use (MX)(Schnars Business Center) 2. Proposed Ordinance No. 03-008 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac) (Coastal Bay Colony) 3. Proposed Ordinance No. 03-009 Re: Rezoning from C-2 Neighborhood Commercial and C-3 Community Commercial to Infill Planned Unit Development (IPUD) for 65 fee-simple townhouse units on 4.34 acres (Coastal Bay Colony) B. Ordinances - 1't Reading 1. Proposed Ordinance No. 03-006 Re: Rezoning from Community Commercial and R-1-A Single Family Residential to Mixed Use Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres (Schnars Business Center) 2. Proposed Ordinance No. 03-007 Re: Abandonment of 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block Lake Addition to Boynton (Tabled to I~larc/~ 18, 2003) 3. Proposed Ordinance No. 03-010 Re: Amending Land Development Regulations Chapter 2, Zoning, Sections 6(a), 6(b), 6(c), 6(d), and 11.O to restrict self-storage facilities to the M-1 Tndustrial zoning district; to amend the supplement regulations governing SELF SERVTCE STORAGE FAC1:L~ES (MINI-WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district; and to include both Limited-Access Self-Storage and Multi-Access Self-Storage 7 Agenda Regular City Commission MeeUng Boynton Beach, Florida Harch 18, 2003 uses in the definition of SELF SERVICE STORAGE FACILITIES (MINI- WAREHOUSES) C, Resolutions: 1. Proposed Resolution No. R03-046 Re: Declaring the public necessity of acquiring three parcels of property for the purpose of acquiring right-of-way to expand Boynton Beach Boulevard and to implement the proposed Boynton Beach Boulevard Promenade and Riverwalk Project within the City of Boynton Beach D. Other: None XZII. UNFZNZSHED BUSZNESS: ~one XZV. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEET[NG~, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE~, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE~, WHICH RECORD INCLUDES THE TES'r~MONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUX[LIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN]OY THE BENEFITS OF A SERVICE,, PROGRAM~, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSmLLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACT'[V1TY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FTNALAGENDA 3/17/2003 5:27 PM S:\CC~WP\CCAGENDA~AGENDAS\Year 2003\03180:3 final agenda.doc 8 D~t.-ANNOUNCEIqENTS & PRESENTATTONS CITY OF OYNTON BEAC[ Item A.1 AGENDA ITEM REQUEST FOl v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Informational Announcement for program of recognition and support for Company D (Delta Demons) of 2aa Battalion, 327t~ Infantry Regiment of 101st Airborne Division, United States Army. EXPLANATION: As a follow-up to City Commission action at the February 18, 2003 meeting, wherein Resolution R03-33 was adopted re-afl.ming a recognition program sponsored by "America Supporting Americans". The presentation at the March 18, 2003 Commission will go over the material prepared to date and the plans for community support of this particular unit and other US military units. In addition to Company D, of the 2nd Battalion, other communities have adopted the other Companies as follows: Company A (Alpha)- Malibu, California Company B (Bravo)- Russell, Kentucky Company C (Charlie)- Bowman, South Carolina Company D (Delta)- Boynton Beach, FL HHQ Company- Jacksonville, FL PROGRAM IMPACT: Program is designed to create awareness and person to person contact between Boynton Beach and members of Company D. FISCAL IMPACT: Some City costs anticipated for publicity, coordination and shipping. Costs expected to be in range of $1,500. ALTERNATIVES: Do not pursue the relationship except in name only. t?/,,} Department Head's Signature I City l~[anager's Signa~re Department Name City Attorney / Finance / Human Resources SSBULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC D Company (DEL TA DEMONS) 2nd Battalion 327th infantry Regiment Airborne D/v/s/on (A/r Assau/t) On February 18th 2003 The City of Boynton Beach passed a resolution re-affirming the adoption of D company 2/327 Inf., 101st Airborne Division (AASLT) Our troop was deployed this month and we are looking for citizens to help us show support for these soldiers. We need letters and care packages and most important moral support. If you are interested please call Valorie or Carisse at 742-6014 DELTA DEMONS On February 18, 2003, the City Commission, by resolution, re-affirmed the City Of Boynton Beach's support of Company D, 2nd Battalion, 327th Infantry Regiment of the 101st Airborne Division Air Assault, a.k.a. DELTA DEMONS. The City has adopted the Delta Demons through the national nonprofit organization "America Supporting Americans" (ASA). The objective of the ASA is to establish an "Adoption" program for every branch of the United States Armed Services by an American town. The 2® Battalion, 327t~ Infantry Regiment of the 101st Airborne Division (Air Assault) deploys within 36 hours worldwide as part of a joint multinational or unilateral task force to destroy enemy forces or seize and retain terrain, to control land, people, and resources. They are based out of Ft. Campbell, Kentucky, and are composed of a battalion headquarters and the headquarters company known as HHC Wolverines. There are also four infantry companies known as the Alpha Gators, the Bravo Bayonets, the Charlie Cougars and the Delta Demons. Their motto is NO SLACK and the Delta Demons are the battalion's anti-tank company. Members of the Boynton Beach City staff have taken the initiative to act in the capacity as organizers and liaisons to the community to provide morale support to our soldiers. Our goals are to: · Collect supplies for care packages. (See attached). · Establish a pen-pal network between soldiers and the community. · Sponsor a Community/Delta Demons newsletter. · Establish a web link to information on the City Of Boynton Beach web page. · Raise awareness and encourage community involvement through periodic special events. " To this date: A letter from the Mayor has been sent to the Battalion lStSergeant introducing ourselves as their adoptive city. (See attached). · Information flyers have been distributed to City employees and members of the community. (See attached). · A volunteer list is being compiled of interested citizens and city employees. · Contacts have been established at Ft. Campbell for additional Company D information. · The first public event will be at the Oceanfront Concert on March 21.st, where staff will set up an information booth to distribute flyers, answer questions and collect supplies and volunteer names. RESOLUTION R03- OM ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REAFFIRMING THE CITY OF BOYNTON BEACH'S SUPPORT OF THE 101sT AIRBORNE DIVISION (AIR ASSAULT) AND REDISTRICTING COUNCIL; AND PROVIDING AN EFFECTIVE DATE. WI:IEREAS, the "America Supporting Americans" program was created on March 4, 1968, to provide a mechanism whereby all branches of the United States Armed Services would be "adopted" by an American city; and WltEREAS, the purpose of the adoption program is to bond Americans with the men and women who bravely serve their country; and WHEREAS, there are currently cities in 9 states that have adopted over 60 active units of all branches of the service; and WItEREAS, by Resolution R91-21, dated February 5, 1991, the City of Boynton Beach "adopted" D Company 2/327 Inf., I01't ABN. DIV. (AASLT); and WHEREAS, in recognition of the challenges which lie ahead, it is appropriate and fitting that the City of Boynton Beach reaffirm its adoption and support of the 101st Airborne Division (Air Assault); NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section I. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section2. That the municipality of Boynton Beach, by and through its City Commission, does reaffmn Resolution No. R91-21, and offers its on-going respect and support for D Company 2/327 Inf., 101st ABN. DINr. (AASLT) 101st Airborne. Section 3. The City Commission of the City of Boynton Beach hereby directs that certified copy of this Resolution be sent to the Florida League of Cities urging participation in this purposeful cause. Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ I B day of February, 2003. CITY ~LORIDA Commissioner ATTEST: Entertainment: >> Writing Tablets/Journals >> Pens/Pencils >> Crossword Puzzles >> Magazines >> Dice/Playing Cards and board games >> Comic Books >> Disposable Cameras >> Paperback Books International phone cards Compact Discs/CD cases with zipper Current movies on DVD Sunglasses Small Footballs, Softballs Cotton Socks Food: >> Candy Bars >> Gum >> Prepackaged Snacks >> Powdered Soft Drinks _.-~..~-- >> Lifesavers >> Sunflower Seeds >> Dried Fruit/Nuts >> Hard Candy Toiletries: these items should be the travel size >> Handy Wipes ' >> Goldbond Powder >> Chapstick >> Shaving Items Sunscreen Eye drops Toothbrushes/tooth paste Hand Lotion Sewing kits Cotton Swabs Tissues Shower Gel Shampoo/Conditioner Hand Sanatizer The City of Boynton Beach OFFICE OF THE CITY COMMISSION Mayor Gerald E Broeaing 'Vice Mayor Ronaid Weiland Commissioner Muir C. Fergitson Commissioner Charlie Fisher Commissioner Mack McCray 100 E. Boynlon Beach Boulevard PO. Box 310 Boynton Beach. Florida 3342.5-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 March 13, 2003 1st Sgt. Steven Braaten D Company 2-327 Unit # 96026 APO AE 09325 6026 Dear 1st Sgt Steven Braaten: On behalf of our community, our City of Boynton Beach. would like to take this opportunity to inform you that we recently passed a resolution reaffirming our "adoption of your unit" for morale support through the national nonprofit organization called America Supporting Americans (ASA). America Supporting Americans was officially formed during the Gulf War in 1991 with its primary mission in linking active military units with cities for morale support. They successfully accomplished 60 units within 8 States during that time and continued their support activities during Somalia. Haiti and early Bosnia crisis. ASA reactivated its support program on September l 1®. Initially they proceeded to reaffirm support with many of those cities however, new cities and units have been added to ASA's program. More detailed information about ASA can be viewed on their website http://www.asa.theveteran.net Let ~ne say our City is anxious to get started with this program. We promise to do everything to encourage our community to participate. We have been provided a point of contact for your unit through ASA. Also any information you are able to extend to us such as unit history or photos would surely be welcomed. Please forward information to the City Manager's Office to the attention of Valorie Moats and Carisse Weise at the address listed above. As Mayor of this community, I wish to convey to you and all members of our "Adopted" unit how extremely proud we are of each of you and wherever our Country send you in defense of our great nation or peacekeeping mission, know that we are committed to do whatever we can to maintain our support for all of you. God Bless you. Our thoughts and prayers are with you. Sincerely, City of Boynton Beach cc: America Supporting Americans America's Gateway to the Gulfstream IZZ.-ANNOUNCEMENT$ & PRESENTATIONS Item B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City ComnUssion Date Final Form Must be Turned Requested City comrmssion Date Final Form Must be Turned Meeting Dates in to Citw Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21. 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Make announcement of community event EXPLANATION: The Oceanfront Concert Series will continue on Friday, March 21, 2003, with the band Island Heat. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not make announcement t0~De~-artmer[t' Head' s 0~gnaturc City Manager' s Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC [~L-ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEACH xtem C.l.a AGENDA ITEM REQUEST FOR .. Requested City Commission Date Final Form Must be Turned Requested City Commassion Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Present Proclamation EXPLANATION: March is national Workplace Eye Safety Month. This Proclamation was requested by the Risk Management Department. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation - Q/Dep~tme~ H~ad ~'gnature - ~2it-y Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLET[N~FORMSXAGENDA ITEM REQUEST FORM.DOC Workplace injury is a leading cause of ocular trauma, visual loss and blindness. Each working day in the United States more than 2,000 employees sustain job- related eye injuries. The burden of major injuries is reflected in years of visual disability, huge hospital costs, time lost from productive work and frequently in litigation. However, up to 90 percent of all job-related eye injuries can be prevented by wearing appropriate protective eyewear. The American Academy of Ophthalmology and Eye M.D.s across the country recommend all worksites be appropriately evaluated by eye safety professionals and protective eyewear be made available to all workers who need it. The City Of Boynton Beach is one employer that is working toward eliminating all eye injuries. Through its Risk Management Department, the City actively encourages employees to use protective eyewear and makes it available to them. Now, therefore, !, Gerald Broening, by virtue of the authority vested in me as~ Mayor of the City of Boynton Beach, Florida, hereby proclaim March 2003 as: "Workplace Eye Safer,/I lonth" and call upon all our citizens to develop greater public awareness of the importance of eye safety and health for the workers of our~:ity. !n witness whereof, ! have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 18th day of March, Two Thousand and three. Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:\CC~WI~CCAGENDA\P~3clama~3t~\W~3~'I~II(~ Eye S~ ZI'L-ANNOUNCEHENTS & PRESENTATIONS Readiness ~;,m,~_,~mm~m,m~mm~,m 1919 North Flagler Drive * West Palm Beach, Florida 33407 P~LM BE~CH COUNTY Phone: (561) 655-1010 * Fax: (561) 835-1956 ~. Kun Bressner, City Manager The City of Boynton Beach dAN 1 7 2003 P. O. Box 310 Boynton Beach, 3342S-03 0 UaN rR'S OFFICE Re: Upco~ng Agenda Item De~ Mr. Bressner: The Palm Beach County School Readiness Coalition, Inc. (SRC) would like to thank your City Council for "stepping up" for the children in your city by providing a matching grant for subsidized child care. We would like to thank you for your matching grant with a plaque presentation. Our Chairman,{~ Mr. William Moss, who is also a West Palm Beach City Commissioner, would like to come to one of your council meetings to present the plaque. Wa aak that yoa plca~ ¢onsid~ placing Commissioner Mo~ firat on-tim ~ .a~ a Please contact Para Gambrell, SRC Executive Assistant, at 655-1010, ext. 2188 or e-mail Pamela@cscpbc.org to confirm scheduling details. Thank you for your assistance. Sincerely, Executive Director LP:peg ZZZ.-ANNOUNCEMENTS & PRESENTATIONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Accept Annual Financial Report for Fiscal year ended September 30, 2002. EXPLANATION: State Statute requires the City to hire an independent auditing fu-m to audit the City's books at the end of each fiscal year. Ernst and Young was the lowest responder to our RFP and were awarded the contract. They have conducted their independent review of the City's financial records for the fiscal year ended September 3 0, 2 002. T his audit report presents the overall financial status of the City as well as Ernst & Young's comments and recommendations. A representative from Ernst & Young was present at the City Commission Meeting of February 18 and ,provided a brief overview of their analysis of the Annual Financial Report for the period October 1, 2001 - September 30, 2002. At that time, the Commission requested information from staff regarding fixed asset inventory procedures and accounting. Subsequent to the Commission meeting, staff performed a supplementary analysis that is contained in the report from Diane Reese, Director of Financial Services. The City's fixed asset reporting system inventory accounts for capital equipment and assets having a value of $750 or more. Based on the analysis by staff, all but one laptop computer was tracked back to the inventory system and accounted for. PROGRAM IMPACT: Report must be accepted and reported to the state by March 31, 2003. FISCAL IMPACT: Cost of Annual Audit is $89,500. ALTERNATIVES: None. ~~ Department Head's Signature C~ty Manager's S~gnamre Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC City of Boynton Beach Financial Services Memorandum TO: Kurt Bressner, City Manager FROM: Diane Recse, Director of Financial Services DATE: March 10, 2003 SUBJECT: Fixed Asset Inventory Listed below are responses to questions raised by Commissioner McCray relative to fixed assets of the City. · Hoyt Johnson our Accountant who handles the fixed asset inventory has reviewed the Police Reports on items over $750. and has reported the following: o Laptop Computer - Police Dept. -shows on fixed asset listing and marked as stolen on list by the Police Dept. when physical inventory was taken. o Two-way Radio -Animal Control - Does not show on fixed asset listing. ~ o Lawn Mower - Parks Maim. - Does not show on fixed asset listing. Our records show cost of 21 Lawn Mower is less than $750. therefore would not have been recorded as a fixed asset. o Paint Sprayer -Hester Center - Only one paint sprayer is recorded on the fixed asset listing. It is listed in the Parks Dept. and they indicated that sprayer was accounted for at year end. The cost of the sprayer was $2,710. o Two-way Radio - Police - Does not appear on fixed asset listiRg. -~ o Laptop Computer - Police - Does not show on fixed asset listing. o Four Computers - Recreation - Wilson Ctr. - Do not appear on fixed asset listing. o Water Pump - City Shop - Does not appear on fixed asset listing. o Laptop Computer - Police - Does not appear on fixed asset listing. Still researching. o Computer - Library - Does not appear on fixed asset listing. (Not City owned purchased by Library Co-op Group.) o Portable Radio - Recreation - Shows on list as disposed in 2001. Properly accounted for. o Saws - Utilities - There are several saws listed on the fixed asset listing thus we cannot determine at present whether the saw that was stolen it on list. Utilities will be providing Serial numbers of all saws and we will add this information to our description so we will have better control in the future. o Compressor - Utilities - has been recovered. o Trailer & Generator- Utilities - Did not appear on list as it was purchased after list was sent to departments. Utilities did not add to list as it was stolen prior to them completing a physical inventory. List was sent to departments in May, 2002 and returned from Utilities in Oct. 2002. o Generators - Utilities - Show on list and checked off indicating they were on site at 9-30-02. o Diesel Engine - Utilities - Engine stolen out of a Cement Mixer. Mixer still shows on list. · Procedures for recording and disposing of fixed assets. o Any single item purchased that the value exceeds $750. should be charged to a Capital Outlay Account in a departments budget. o At time item(s) are delivered to the Warehouse, prior to delivery to departments, a fixed asset inventory tag is affixed to the asset. That tag number is then forwarded to Hoyt Johnson, Fixed Asset Control Manager, who then pulls the payment information to enter the record in to the fixed asset inventory system. o When a fixed asset no longer has any useful value to a particular department, that department is responsible for completing paperwork to turn the item over to the Warehouse for disposal. Warehouse notifies other departments of the items they have for disposal to determine if any other City department has need of the asset. If not small assets are taken to the Palm Beach County Thrift Store for disposal. Any large items are placed on E-Bay for disposal. Once the item is disposed of a list is sent to Hoyt so the items can be removed from the fixed asset system. o Once a year a listing of each department's fixed assets is sent to the respective departments. That department is requested to conduct a physical inventory of the items on the list and indicated whether the items are still under that department's jurisdiction. If they have purchased an item that is not on the list they are suppose to write the item at the bottom of the list. o The list is then returned to Finance so adjustments can be noted. · Independent Audit Review o During Ernst & Young's year end auditing process they are provided a copy of the inventory listings that are returned by departments. They do not complete a physical inventory of all assets. In some years they have gone out and completed random testing of some of the items. They did not complete a random testing this year. IV. ADM~ZN'ZSTRA'I'ZVE Prainito, Janet I'TEM A. From: Dan Winters [dwinters@belleglade-fl.com] ' Wednesday, February 12, 2003 8:09 PM To: Prainito, Janet Ms. Janet M. Prainito City Clerk City of Boynton Beach Dear Ms. Prainito I would like to take this opportunity to announce my resignation from the Parks and Recreation Advisory Board. I.mn simply to involved with my position to devote the proper time to this appointment. I wish to thank the City for allowing me the opportunity to serve on the Board,as it is a well knit group that works we~together. I will miss all of them and I wish them the very best in all their activities/ I have also enjoyed working with Wally and John,true professionals and devoted to their jobs. Boynton is fortunate to have them on the staff. My wife, Pamela will submit an application tomorrow seeking the seat I am vacating. Hopefully she will again have the opportunity to serve the city as she did earlier. Perhaps,we can keep our dedication to the city 'In the family' With Regards, Dan Winters 2/13/2003 V.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) __~ March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) ]~ March 18,. 2003 March 3, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve the purchase from Lawmen's & Shooters one small gun ultrasonic cleaning system for $547.00, and one long gun ultrasonic cleaning system at $4,495.00. Total purchase is $5,042.00. : -' EXPLANATION: - Lawmen's & Shooters was the best of three quotes. Thc cle~ing system is for cleaning police weapons. PROGRAM IMPACT: FISCAL IMPACT: Funding will be from Federal Jnstice Forfeiture Funds. 691-5000-590-04-22 $5,042.00. (_ .:~ .... ALTERNATIVES: Depaxtment Head's Signature City Manager's Signature Department Name · City Attorney / Finance / Human Resources S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC J'od Dcm }sex Quote Sheet ~ Q~totion ~e: 2-,~- OJ ~I~EN PHONE IN PERSON 77~ 9ih Sh~t 5.W. · ~o ~ch, FL 32968 ~~ l~61i~9-8700.1-80¢562-~97. F~: (5611 ~9-29~ 9RDER ~LES~N: ~ SHIP ~ CitylStatel ZID PHONE: City/State/Zip C.O.D. CHARGE PA~E~ IN ADVICE ~. RO, ~ Confirming RO. To ~ MOil~: YES NO ~RM~: ~LIVE~ DA~', ~m~ed ' Ord,'red P~'~tlIIgl Codc ~o. ~t~plJnn Coil Illall Exl~nd~ Cost F,O, B, DeCarlOn . F~ctory Veto SALES T~ E~ ' ~PLiCABLE Sales Tax .... EXCISE T~~ ~PLI~BLE SuDTO~I s~ec~* Shining ~ ' N~es: TOTAL ~ ~ ~_ SUPPLIERS OF PUBLIC SAFETY EQUIPMENT ~;~/'P.O Box 458' [] P.O ESox 16080 Rossviile, GA 30741-0458 Austin, TX 78761-6080 Pl~one: (8130) 241-8950 Phone: (800) 252-8310 .. FAX: ~800) 4~0-5846 FAX; (800) 480-5845 em~{~ ~G~s~c.~t emait: sales~gtdist, com Date Required: Estimated Delive~ Freig~ Cha~es: ~es No AEn: ~ e~[~ Estimated Freight charges:$ Quantit7 UIM _ Description .U,,n. it Price Extended Total I Signal,- Southern Police Equipment i NVO I CE 7609 Midlothian Turnpike I nvo i ce Number: Richmond, VA 23235 I n v o i c · Da t e : Voice : (.800) 542-5243 00100100 Fax : (804) 323-5067 Page : 1 QUOTATION* * * THIS IS ONLY A BID * * * Sold To: Ship To: Boynton Beach Police Dept Boynton Beach Police Dept 100 E Boynton Beach Blvd 100 E Boynton Beach Blvd Boynton, FL 33435 Boynton, FL 33435 CUSTOVIER ID CUSTCMER PO PAYMENT TERMS BOYNPD S. Schoenfed Net 30 SALES REP SH I PPI NG METHOO SH I P DATE DUE DATE KH UPS 00100100 11./05/02 QTY B I O UN I T EXTEND Fax 561-742-6184 Steve Schoenfeld 1.0 18633 1.0 999.99 999.99 Cleaning Machine (Small) 1.0 18645-DS 1.0 5,059.99 5,059.99 Cleaning Machine (long guns) The 18641 has been replaced with the above number.,, same product just improved per L&R Sub To t a~: 6059.98 Sales Tax: 0.00 Shipping : 220.00 Addl.Shpg: C.O.D. : Total Invoice Amount: 6,279.98 CHECK. NO: 1.5 % Added after 30 days. We appreciate your business ! V.-CONSENT AGENDA O CITY OF BOYNTON BEACH ITEM B.2 AGENDA ITEM REQUEST FOR ,. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans ---3 ~' ? NATURE OF [] Consent Agenda [] New Business ~.-~ ' :-'~ AGENDA ITEM [] Public Hearing [] Legal '- -' ?. z ~ [] Bids [] Unf'mished Business y, ' - , [] Announcement [] Presentation -" ?z-: [] City Manager's Report _ _ .~ ,.~ RECOMMENDATION:: Motion to award the bid for the "PURCHASE OF ONE NEW & UNUSED DUAL SIDE LOADING DIESEL POWERED RECYCLING TRUCK TO INCLUDE A TRADE IN." BID # 089-2516-03/CJD to PALM PETERBILT & GMC TRUCKS, INC., OF FT. LAUDERDALE, FL., in the amount of $ 92,349.10. EXPLANATION: On February 10, 2003, Procurement Services received and opened nine (9) bids for the above mentioned bid. It is recommended to award this bid to PALM PETERBILT & GMC TRUCKS, INC. OF FT. LAUDERDALE, FL, whose bid was the lowest at $ 92,349.10. The unit is a 2003 GI~C Chassis, a Labrie Top Select 2000 Recycle Body with a 38 cubic yard capacity, exceeding the specifications outlined in the bid package. The new Recycle Truck is quoted at $100,349.10, less the "trade in" vehicle, ( unit # 98, a 1998 International Chassis with a C&H Recycle Body) of $8,000.00, bringing the total purchase price to $92,349.10. PROGRAM IMPACT: This vehicle purchase will replace a 1998 International Chassis with a C&H Recycle Body, (Unit # 98) which is 5 years old and will require high maintenance. ALTERNATIVES: Continue to use the current recycle vehicle, with high maintenance costs. FISCAL: Funds have been allocated in the FY2002/2003 budget for this Recycle Truck. Account Description Account Number ~ _Budgeted Amount Vehicle Replacement '_ 501-2516-519-64-31 , ] $,,M-J,679.00 "- l~ut~ Director o~'-Financial S-c~iccs City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources 2LETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Bob Lee - Fleet Manager File DEPARTMENT OF PUBLIC WORKS Memorandum No. 03-024 To: Bill Athns, Deputy Director of Fin~ce Proc~ement Se~ices T~: Jef~ey Livergood, P.E., Public Works Directo~O~ C~stine Robe, s, Assist~t Public Works Director ~ L~ Qui~, Solid W~te M~ager From: Robe~ H. Lee, Fleet Administrator ~ Date: Febm~ 14, 2003 Subject: Pa~ Peterbilt & GMC Tracks, ~c. Bid g089-2516-03/C~ After reviewing all bids submitted for one New Recycle Truck for the Solid Waste Division, I have concluded that our best interest would be to award bid//089-2516- 03/CJD to Palm Peterbilt & GMC Trucks, Inc. of Ft. Lauderdale, Florida, taking the funds from account number 501-2516-519-64-31. I have reviewed 9 submitted bids. The unit that I am recommending is the low bid of the 9 bids. This unit will be a new GMC Chassis, a Labrie Top Select 2000 Recycle Body with a 38 cubic yard capacity, exceeding the specifications outlined'in the bid package. The new Recycle Truck is quoted at $100,349.10, less the trade in vehicle, (unit//98, a 1998 International Chassis with a C&H Recycle Body) of $8,000.00, bring the total purchase price in at $92,349.10. We have $111,679.00 budgeted in the 2002 / 2003 Vehicle Replacement Account. By making this award, we will save $19,329.90. 0~0z ~z0 z :3: 3> m _ -_ T' O~ ~ 0 ~00 C:33 m -o33 ~.~ ~ o~ z :33 > > Z ~ C o~o , ~>1> ~ '~ ~ m --I mi C~ :3:3 ~ 0 m O Or, om I~Z , :~ ; ~ c~ ~ mm m z. Oz~m z < © ©m _ Zmo m m o.., = ~ o~ C:: c~::o ~ ;~:z ~_ - 0 r'- o z -nm~ * ~ ~ · m~. _.~ ~ .~ o om Zm ~. s - ZZ ~ mO m~m ~ -~ {. ~ o ~ -z zm ~o ~ mzO m~, .~ 0~ . ~ .~ m ~o z ~ m ~ m m ~ z-o> ~ ~ ~-~ = m ~, m ca> m~ ~ ~ r- ~ o g m~~- - _z o--- ~:~ ~ o~ Zo ~ m m i · '0 '< G m SPECIFICATIONS FOR ONE NEW AND UNUSED DUAL SIDE LOADING DIESEL POWERED RECYCLING TRUCK TO INCLUDE A TRADE-IN Scope of Work: The City of Boynton Beach is seeking to purchase one (1) new, current production model, diesel powered dual side loading recycling truck to include a trade-in. This vehicle will be used on various recycling routes within the City of Boynton Beach. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-oW' sheets (Pages 3-7) with the proposal sheet in order for a bid to be considered. The intent of these specifications is to describe a new, current production model, diesel powered truck. This track will be configured for Solid Waste Recycling programs, dual side loading, over the top dumping, adjustable bins with the center bin providing a hydraulically activated compaction function. A long wheelbase, regular cab chassis, with a minimum GVWR of 30,000lbs and a cab to axle measurement to handle the compaction / recycling dump body. The cab will be configured with dual drive stations, standard left and a low entry, stand up on the curb side. This set-up will allow both street and curb loading of recyclable goods. Any mention of the manufactures brand names shall be for descriptive purposes and will be considered as minimum requirements under this bid. The City of Boynton Beach, herein after referred to as the "City" shall reserve the fight to be the sole and final authority in detenlaining what is "Equal" or "Superior" where the term "Or Equal" is used. The following items are intended to describe the needed specialized equipment that shall be included in / on the unit. Failure to mention any specific items normally supplied with or needed to complete the unit shall not alleviate vendor responsibility to supply and install such items. This vehicle shall be manufacturer's latest basic production model, and shall be equipped with all standard equipment in accordance with manufacturer's latest literature if not specified in the following description, and must carry full manufacturer' s warranty. Vendors are invited to submit existing, demo, or stock units as part of this bid. The City will have exclusive fights to decide which truck best suits the needs of the City of Boynton Beach, based on time for doIivery, cost, equipment options or any other criteria the City feels necessary. The City reserves the right to waive specifications in selection of an acceptable unit. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 3 Bid Specifications continued .... CAB & CHASSIS; X ENGINE: Electronic Diesel engine, liquid cooled, with a minimum of 215 HP ~ 2300 RPM, 560 lb.- ft. torque ~ 1400 RPM, with a govemed engine RPM of 2600. X Heavy duty cooling system with permanent antifreeze. X Dry type air cleaner with service (restriction) indicator. X Fuel / Water separator with sight glass. Exhaust system, single horizontal exhaust system with short mined down tail pipe, mounted to curb side of the chassis. This is a required item, very low trees in the residential neighborhoods. Engine protection system, at a minimum, must be activated by low engine oil pressure and overheating. System shall have a visible alarm for low oil pressure, overheating and low coolant level, with automatic engine shut down feature. ELECTRICAL SYSTEM: Minimum 120 amp 12 volt alternator. Batteries to have a minimum total of 1950 CCA ~ 0 degrees F. All electrical systems to be protected by circuit breakers. Battery disconnect switch accessible to the operator at the left driver door area. TRANSMISSION: X Automatic ( Allison MD-3060CR ) close ratio, minimum 5-speed. Must have "Force to Neutral Feature" when work brake is activated. AXLES & SUSPENSION: Steel front axle "I BEAM TYPE", with shock absorbers, minimum 10,000lb. capacity. X Front wheel oil-lubricated bearings and seals. × Rear axle, single speed, minimum 20,000lb. capacity. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 4 Gear ratio: 4.11 / 5.60 Bid Specifications continued... PERFORMANCE ITEMS: X Factory installed speedometer, odometer, ammeter or voltmeter, fuel gauge, engine oil gauge, coolant temperature gauge, tachometer, air pressure gauge and dash mounted engine hour meter. × Power steering. COMFORT ITEMS: × Air conditioning integral with heater defroster and containing R134 refrigerant (CFC Free). X Factory installed AM-FM radio. Arm rest left door. Sun visors both sides. X Factory tinted glass all windows, including windshield. SAFETY ITEMS: X Heavy-duty self-canceling turn signal switch, traffic hazard warning switch, functional from either left or fight side driver areas. X Dual Air Horns, dual electric horns. Dual Electric horns to be functional from left or right driver areas. Strobe lights, dual, mounted just below top of rear tail gate. × Fire Extinguisher, 10lb, BC. Mounted inside of the cab, between the two operator stations. X Triangle warning kit for road hazards / break downs. Mounted inside the cab, between the two operator stations. X Stainless steel, power adjusting 6"x16" west coast type mirrors with lower (9") convex mirrors mounted on the left and right sides. Automatlc / adjustable volume backup alarm. X Exterior grab handles on right & left side of cab. X Clearance lights on front bumper to mark right and left comers for operator safety. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 5 Back up observation & safety surveillance system. Bid Specifications Continued ..... BRAKES: XABS air brake system, minimum 13.2 cfm air compressor. Air reservoir(s) with manual moisture ejector valve(s). X Manual moisture ejector valve(s) to be mounted on bottom of air tanks, if possible side location preferred. Spring applied parking brake with in-cab parking brake control. X In cab work brake for continuous house to house, stop and starts. Automatic slack adjusters front and rear. Low air pressure warning indicator light and alarm. XDust shields on front and rear. XAir Dryer system required. TIRES AND WHEELS: Six (6) 11R22.5, load range H, 16ply tubeless tires with highway tread. All wheels to be one-piece steel disc, 10- hole, ISO hub pilot mount, 22.5 inch diameter. × Two (2) spare wheels painted white to match the original chassis wheels. CHASSIS, FRAME: × Standard front bumper. X Frame-mounted tow hooks on front. X Factory installed, top draw, rectangular, steel fuel tank with minimum 50 gallon capacity, mounted on the let~ side with center step. X Frame rails, minimum 850,000 lbf. in RBM TItlS PAGE TO BE SUBblITTE1) ALONG WITll PROPOSAL IN ORI)ER FOR BII) PACKAGE TO BE CON$11}EREI) COMPLETE ANI) ACCEPTABLE 6 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 7 Bid Specifications Continued ..... CAB EQUIPMENT: X Conventional cab, with tilt-type hood and fender assembly. Drivers seat (left), Hi-back, air operated. Factory installed cab conversion, right side. Full compliment of accessories to operate vehicle from curb side. Steering, brakes, lights, throttle and passive restraint system. × Right seat to fold out of the way to allow for stand up driver operation. CAB PAINT: X Manufacture standard white, acrylic urethane paint. ADDITIONAL ITEMS: One Full set of Service and Repair Manuals, covering the chassis & drive line, wiring schematics and maintenance schedule. CD acceptable. MISCELLANEOUS: X All warranty information on Cab & Chassis to be provided at time of bid, warranty start up date to be same as delivery date to the Oity of Boynton Beach. RECYCLING BODY: (Note: Currently the City of Boynton Beach, Solid Waste Fleet has two "Labrie, Top Select" Recycling units with the "Maximizer" feature. Therefore the following body specifications are looking for like features.) X Body capacity, minimum 35 cubic yards. x Hydraulic pump, commercial gear type, 18.5 gpm at 1200 rpm, front mount, engine driven with over speed protection. Full 45 degree body dump angle, using a single multi stage hydraulic cylinder. X Tailgate to have anti-leak robber seal, hydraulic locking device and safety prop. THIS PAGE TO lie SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 8 Bid Specifications Continued ..... Body features. One center partition, with floor mounted hydraulic packing control, to adjust and maximize load capacity. (Minimum 80" stroke) X Dual side load system with no-tool adjustable panels in each side bucket. Minimum bucket volume 2 cubic yards. Bucket cylinders will be fully cushioned when lowered back to the park position. Right and left area work lights. Dual Flashing Amber lights (8") mounted to the top rear of the tailgate, one on the left side and one on the right. Lights to be switch controlled from the operator console. All rear mounted tail, stop and flashing lights will be weather proof, full pattern LED lamps. All operator controls to be mounted in the center of the cab for operator access fi.om the left or right operator stations. BODY PAINT: X To match cab manufactures "white", acrylic urethane paint. OPTIONS: One full set of service manuals, displaying photo and written repair procedures, wiring, hydraulic schematics and parts book. CD acceptable. TRADE IN VEHICLE: The City Of Boynton Beach will be replacing one recycle track with the purchase of this new unit. The unit being replaced will be used as trade on the new unit. The trade in: 1998- International 4700LP Vin #1HTSCAAN1XH578297 Engine - 466ci International Diesel Tires - 255/70r22.5 Dual side over the top loading body Body G&S Products. Model #GS5032 ' '_ Vin #GS532124E98 Engine hours 5000 plus / 11/2002 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 9 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) · SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the stun herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of girl, directly or indirectly by me or any member of my fh'm or by an officer of the corporation. NAME - SIGNATURE Sworn and subscribed before me this 10th day of February ,20 03 Printed Information: Bill Brockmeier NAMB General Sale,s Mgr. NOTARY PUBLIC, Sta"te of Florida at Large Palm Peterbilt-GMC Trucks, Inc. "omc sox v THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Remm this form with your bid proposal sheet making it an official part of your bid response. ( ) AMEPdCAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER N/A (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO X If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 24 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drag-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-flee workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drag-flee workplace program. In order to have a drug-flee workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations Of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-flee workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days a~er such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-flee workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.. ~~ _ Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 V.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administxative [] Development Plans r:~ _i-~. NATURE OF [] Consent Agenda [] New Business ~-~ ' ~ ' AGENDA ITEM [] Public Hearing [] Legal ~ : ~i Bids [] Unf'mished Business ? -~-i ~ [] Announcement [] Presentation _---- [] City Manager's Report RECOMMENDATION: Motion to award the bid for the REPLACE/INSTALL HVAC SYSTEM AT THE BOYNTON BEACH LIBRARY LOCATED AT 208 S. SEACREST BLVD., BID# 020-2413-03/CJD, to COMFORT TECH AIR, OF HIALEAIt, FLORIDA in the amount of $221,900.00. EXPLANATION: On January 16, 2003, Procurement Services received and opened six (6) proposals for the Replace/Install ItVAC System at the Boynton Beach Library. All proposals have been reviewed and it was determined that Comfort Tech Air., Hialeah, Florida, is the most responsive bidder who met all specifications. Rich Fiege, Facilities Manager and Bill DeBeck, Project Manager, have met with them and have determined they are a qualified contractor, (See attached memo, # 03-014). PROGRAM IMPACT: The purpose of this bid was to remove the rooftop condenser (chiller) unit and two (2) air handler units at the Boynton Beach Library. FISCAL IMI~ACT: BUDGET ACCOUNT# BUDGET AMOUNT: 302-4104-580-64-02 $250,000.00 Deputy Director of Financial Services City Manager's Signature Services ~ ' - '(2ity A~l~rn~y / Finance / Human Resources Department Name :XBULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC C: Bill DeBeck Progect Manager Rich Fiege Facilities Manager Virginia Farace - Library Director File RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID TO REPLACE/INSTALL THE HVAC SYSTEM AT THE BOYNTON BEACH LIBRARY TO COMFORT TECH AIR, IN THE AMOUNT OF $221,900, (BID NO. 020-2413-03/CJD); AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTWE DATE. WHEREAS, on January 16, 2003, Procurement Services received and opened six proposals for the above referenced bid, and was it determined by.staff that Comfort Air, of Hialeah, Florida, was the most responsive, responsible bidder who met all fications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION }F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon of staff, hereby approves the award of the bid to replace/install the System at the Boynton Beach Library, located at 208 S. Seacrest Blvd., (Bid No. ,-03/CJD, to Comfort Tech Air of Hialeah, Florida in the amount of $221,900, authorizes the City Manager to execute a contract, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. Aw~4~ - Co~o~ Air Te~h.doc PASSED AND ADOPTED THIS ~ day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk ;:~?..A~ESO~r~mm~ls~Bid Aw~ds~Bid Awmgl - ~ Adr BID TITLE: REPI,ACEflNSTAI,I, I-IVAC SYSTEM AT TI-IE BOYNTf~N BEAC. gl I,IRRARY BID NLJMBER: #020-2413-03/CJD PROJECT NUMBER: CP0316 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 1 9th day of~ by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and COMI::ORT TECH AIR. CONDITIONING, INC. a Florida Corporation ( ¥~ Check One a Florida General Parmership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH A. The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: REPlJACE/IN~TAI J, Wv'AC ~¥~TF~M AT ~ I:IOYNTON RF~ACI-1 IJRRAR¥ B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 1 6th day of ~tnuary._21~ for the total bid amount of~ C. On the l gth day of March._2fifl3, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. D. The Parties agree that the Project is scheduled to be completed within 1 OO calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, TItEREFORE, in consideration of these premises and the mutual conditions and covenants contained'herein, the parties agree as follows: C-1 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) 1.1.5. Unless otherwise provided, all time flames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8.. Public Construction Bond 2.2.9.-- Letters of Credit 2.2.10. Technical Specifications 2.2.11. Contract Drawings and Plans 2.2.12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. Guarantee all work and materials for a period of one (1) year. Upon receipt of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Fish release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by CITY. 3.1.6. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in comaection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.7. ~' Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain wriften approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.9. Perform such other tasks as set forth in the Contract Documents. C-3 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring fi.om any cause resulting fi.om their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days fi.om the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time fi.ames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 1 oo calendar days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of completion: 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors fi.om those proposed in CONTRACTOR's bid proposral, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. C-4 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay ~1~0.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within ! 00 calendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the fight to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). 8. INDEMNIHCATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and,defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'~ full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. c-5 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in cun'ent funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENG_INEER 11.1. The Project Engineer ("Engineer") is ~ 11.2. The Project Enghaeer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in Special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage C-6 may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by Weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR C-7 EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of Ge said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY' OF BOYNTON BEACH, FLORIDA in the presence off Mayor Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed CONTRACTOR in the presence of: c-8 President or Vice President Attest as to CONTRACTOR State of Florida ) ) SS: County of Palm Beach ) On this __ day of ,20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C-9 RECEIVED FEB 0 7 2OO3 PROCUREMENT SI~RVICES DEPARTMENT OF PUBLIC WOP~c_S ENGINEERING DIVISION MEMORANDUM NO. 03-021 TO: Bill Atkins, Deputy Director Finance/Purchasing Agent FROM: Bill DeBeck, Project Manager~t DATE: February 6, 2003 RE: Library HVAC Bid 020-2413-03 CJD Please award the contract for the Library HVAC replacement to the low bidder, Comfort Tech Air for their bid amount of $221,900.00. Richard Fiege and I have met with them and their bid is complete and they are ready to start. WMD/ck Xc: Richard Fiege, Facilities Supervisor Virginia Farace, Library Director S:\Engineering\Csd'~)eBeck\Library HVAChMemo to B. Atkins, Contract Award.doc ; 1]] Oz ~ ,~z L~o~® o a: z- >' u~ >' >' ~ >' >' >' >' · m ~ "~ '"' "'~ ~ 0 134 ~ - · -r Z ~ ~ ~ > ~ ~~ o ~ Oz 0 ~ z~ ~ ~ Zz 00~ ~= ~ mO ~ ~0 0 ~ ZZ ~ ~ ~ ~ ~ -- ww~°~ ~= =~ o o ~o ~ ww ,< ~ ~ ~ og ~ -o o n- ~ z < Z 0 Z ~ > >' ~ · "- 0 = ~ ~ ~--~ · LU ~ ~q8~ ~ ~ ~ ~ o ~ ~ Z ~ ~ - o o ~ ~ ~ ~ ~ o o ~~ o ~ D ~ z z z~ ~ =~ <~ ~ ~ _ < > ~ o~ -~ ~ ~ ~ o3 o3 OZ 03 &&~ w o z (.) ' ~ w 0 ~ =~ 0 w Z !- o o Z v z <o 0 ~ 0 gu -~ 0 n"gu Z - rr w oo u- ~. -- ' 003 n n o~ m z~ - _ . _ =o=_. z !~ o= ORIGINAL THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE COMFORT TECH AIR CONDITIONING 1215 WEST 76 ST. HIALEAH, FL 33014 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: November 27, 2002 Bid Title: REPLACE/INSTALL HVAC SYSTEM AT THE BOYNTON BEACH LIBRARY Bid Number: #020-2413-03/CJD Bid Received By: JANUARY 15, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: JANUARY 15, 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Comfort Tech Air Conditioning, Inc. Federal I.D. Number: 65- 0674054 A Corporation of the State of: Florida Area Code: 305 Telephone Number: 231 -9832 Area Code: 305 FAX Number: 826-9656 Mailing Address: 1215 West 76 Street City/State/Zip: Hialeah, FL 33014 Vendor Mailing Date: 1 / 1 6 / 03 Authorized Signature Maykel Hernandez Name Typed President THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL BA- I ADDENDA CITY OF BOYNTON BEACH FLORIDA BID TITLE: REPI,ACE/INKTAIJ, HVAC KY~TEM AT THE BOYNTON BEACH I,IBRARY' BIDDER: Comfort Tech Air Conditioning, Inc. DATE SUBMrFTED: January 16, 2003 We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: Bill DeBeck, PoM./Stephen Boruff, AIA/Stanford Enqineerinq, PA (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE 1 12/03/02 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-I V.-CONSENT AGENDA ITEM B.4 CITY OF BOYNTON BEACH - REVISED AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noqffi:~ [] January21,2003 January6,2003 (Noon.) [] March 18,.2003 March 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business o~. AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to award Phase H of the PREPARATION OF ,4 GREENW,4Y/BIKEWAY M,4STER PL,4N, RFQ# 041-2413-02/KR, to URS CORPORATION. The proposed fees for Phase H will be a "Not to Exceed" cost of $64,500.00, bringing the total project costs to $80,850.00. EXPLANATION: On September 17, 2002 Commission awarded URS CORPORATION Phase I of the PREPARATION OF A GREENWAY/BIKEWAY MASTER PLAN, RFQ #041-2413-02/KR as part of a two-phase project. This request is for the second of two phases. Phase I of the project was for d,ata collection in which evaluated the quality and quantity of available information, identified missing information, and established a Public Involvement Program. URS CORPORATION has provided a detailed summary report, which summarizes the data collected, and the preliminary public involvement process and which recommends the specific tasks to be undertaken for Phase H of the project. The detailed Phase I Summary Report also serves as the proposed scope of work for Phase H (Exhibit "A'). The proposed fee has been reviewed by Staff and found to be reasonable for the work to be completed. PROGRAM IMPACT: Funds in the amount of $60,000.00 were originally allocated for the proposed Greenway/Bikeway Master Plan (Account Number 302-4902-580.31-30, Project #CP0260). The Phase I "Not to Exceed" cost was $16,350.00 leaving a remaining balance of $43,650.00 for Phase H. Funds are available in CIP accounts 302-4217-580-63-15 and 302-4218-580-63-15 to cover the additional $20,850.00 needed for this project (bids for tennis court resurfacing projects came in lower than expected). ALTERNATIVES: The alternative to this approach would have been to prepare a single cost proposal. It was decided to use a two-phase approach so that tasks for completion of the Greenway/Bikeway Master Plan and associated costs could more clearly be defined. Deputy Director of F-inancial Serv-ices T ' ~i[y Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~,AGENDA ITEM REQUEST FORM.DOC V.-CONSENT AGENDA ITEM B.4 CITY OF BOYNTON BEAC GENDA ITEM REQUEST FOl v Requested City Commission Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates ' Clerk's Office Meetin~ Dates in to City Clerk's Office [] December 3, 2002 18, 2002 (Noon) [] February 4, 2003 jr]anuao' 21, 2003 (Noon) / [] December 17, 2002 Noon) [] February 18, 2003 / February 3, 2003 (Noon) [] January 7, 2003 December 2002 (Noon) [] March 4, 2003 February 18, 2003 (N6on) [] January 21, 2003 Januar (Noon.) [] March 18,. 2003//~/ March 3, 2003 (N~on) NATURE OF [] ~ment / [] New Business / •Presentation AGENDA ITEM [] [] Report / Public Hearing [] S~-tlements [] Unfinished Business RECOMMENDATION: Motion to award Phase II thc PREPARATION OF A GREENWAY/BIKEWAY MASTER PLAN, RFQ# 041-2413-02/KR, to at a cost "NOT TO EXCEED" $64,500.00. EXPLANATION: On September 17, 2002 Commi awarded URS CORPORATION Phase I of the PREPARATION OF A GREENWAY/BIKEWAY PLAN, RFQ #041-2413-02/KR as part of a two-phase project. This request is for the second of two phases, project was for data collection in which evaluated the quality and quantity of available missing information, and established a Public Involvement Program. URS CORPORATION h ~rovided detailed summary report, which summarizes the data collected, and the preliminary public process and hich recommends the specific tasks to be undertaken for Phase II of the project. The detailed Summary Re : also serves as the proposed scope of work for Phase II (Exhibit "A'). The proposed fee has reviewed by and found to be reasonable for the work to be completed. PROGRAM IMPACT: Funds in amount of originally allocated for the proposed Greenway/Bikeway Master Plan Number Project #CP0260). The Phase I "Not to Exceed" cost was $16,350.00 leaving tg balance of $43, Phase II. The proposed fees for Phase II will be a "Not to Exceed" cost of ,~ bringing the total to $80,850.00. Funds are available in CIP accounts 302-4217-580-63-15 302-4218-580-63-15 to cover the $20,850.00 needed for this project (bids for tennis court ects came in lower than expected). ALTERNATIVES: The to this approach would have been to ~re a single cost proposal. It was decided to use a two-phas~ approach so that tasks for completion of the Master Plan and associated costs could more clearly be defined. Deputy Director of Financial Services City Procurement Services ~'~~A ,, ~2.~1~-~ Department Name ~// City ~y-/Finance / Human Resources S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING PHASE li OF THE PREPARATION OF A GREENWAY/BIICEWAY MASTER PLAN, RFQ #041-2413- 02/KR, TO URS CORPORATION AT A COST NOT TO EXCEED $64,500; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTANT AGREEMENT BETWEEN THE CITY OF BOY'NTON BEACH AND URS CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On September 17, 2002, the City Commission awarded URS Phase I of the Preparation of a Greenway/Bikeway Master Plan as part of a two- project; and WHEREAS, Phase I was for data collection, identifying missing information and a Public Involvement Program; and WHEREAS, URS Corporation has provided a detailed summary report, anc} the public involvement process which recommends the specific tasks to be for Phase ri of the project, and the detailed Phase I summary report also serves as proposed scope of work for Phase II; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize and direct execution of a Consultant Agreement with URS Corporation for 11 of the Preparation of a Greenway/Bikeway Master Plan (RFQ #041-2413-02/KR), a of whicl~ Agreement is attached hereto. Section 2. This Resolution shall become effective mediately upon passage. PASSED AND ADOPTED this ~ day of March, 2003. :\CA\RESO~Agreements\Consultant - URS Corporation - Bikeway.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk ~:\CA\RESO~Agreements\Consultant- URS Corporation - Bikeway.doc CONSULTANT AGREEMENT FORM "PREPARATION OF A GREENWAY/BIKEWAY MASTER PLAN" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and URS Corporation, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform consulting services in connection with the project designated Greenway/Bikeway Master Plan. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by September 30, 2003 from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for service~ rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $ 64,500.00 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date., Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The conSUltaiat's records and accounts pertaining to this agreement are to be k~t available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they axe made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City a~ee that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant--, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA-2 11. DISCK[MINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the fight to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 · Boynton Beach, FL 33425-0310 At'tn: John Wildner Notices to Consultant shall be sent to the following address: URS Corporation 7800 Congress Avenue, Suite 200 Boca Raton, FL 33487 Attn: Andrew Schechter CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this 18th day of March, 2003. CITY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA4 P~KS DIVISION MEMORANDUM #03-08 TO: Bill Atkins. Deputy Director of Financial Services / , FROM: John Wildner, Deputy Recreation & Parks Director .~'/ SUBJECT: RE(~U~ST FOR PUBLIC INFORMatION CC: Laurinda Logan, Senior Engineer File DATE: February 28, 2003 As you are aware, URS Corporation has completed Phase I of a two-phase project creating a Greenway/Bikeway Masterplan. Phase I resulted in a report, which summaries data collected, set-up a public involvement process and recommended specific tasks to be completed in Phase II. Phase I of this project was awarded by the City Commission to URS Corporation on September 17, 2002 for $16,350. Since $60,000 was originally allocated for this program in the C.I.P., $43,650 remains in account #302-4902-580-31-30, project number CP0260. The proposed fees for Phase II of this project will be a Knot to exceed cost" of $64,500; bringing the total costs for the program to $80,850. Funds are available in C.I.P. accounts 302-4217-580-63-15 and 302- 4218-580-63-15 to cover the additional $20,850 needed to complete the plan. We recommend that URS Corporation be awarded Phase If of the preparation of a Greenway/Bikeway Masterplan. RFQ#041-2413-02/KR at a cost not to exceed $64,500. JW/vlr City of Boynton Beach Greenway and Bike Trail Master Plan Phase II Scope of Services Task 1 - Inventory & Analysis URS shall build on the preliminary inventory and assessment of natural and cultural resources and community input that might be utilized in the development of a greenway and bike trail master plan for the City of Boynton Beach, and fill identified informational gaps and inconsistencies in order to establish a sound basis for the development of potential alternative greenway and trail routes. Task 2 - Development of Alternatives LrRS shall develop potential alternative greenway and trail routes and prepare graphics and texts to be used to post on a project website and at.key public places, distributed to key stakeholders and interest groups, and to be utilized in an interactive public workshop, Workshop 1. The graphic exhibits shall also include preliminary schematic sketches that illustrate the typical cross-sections of greenways and trails and their support facilities. Workshop URS shall facilitate an interactive public workshop where participants shall be presented with the potential alternative greenway and trail routes. The participants shall be invited to identify preferences and express priorities for their preferred alternatives. The participants input shall be collected by URS to be used in the develolSment of the City of Boynton Beach's Greenway and Bike Trail Master Plan. Task 3 - Evaluation of Alternatives URS shall review the community input collected in Workshop 1 and evaluate the expressed preferred alternatives. A preliminary assessment of probable implementation costs, fundability, permittability, approvability, environmental significance and vulnerability shall be used to evaluate the expressed preferred alternatives. URS shall summarize the evaluation of the expressed preferred alternatives and prepare graphics and texts to be used to post on a project website and at key public places, distributed to key stakeholders and interest groups, and to be utilized in an interactive public workshop, Workshop 2. A pieliminary draft of potential implementation strategies shall be developed for Workshop 2. The graphic exhibits shall also include schematic sketches that illustrate the typical cross-sections of greenways and trails and their support facilities that are refined based on input from City Staff and the'participants of Workshop 1. Workshol~ 2 URS shall facilitate an interactive public workshop where participants shall be presented with the results of the evaluation of the expressed preferred alternatives. The participants shall be invited to comment on the: evaluation of the expressed preferred alternatives; typical cross-sections of greenways and trails and their support facilities; and preliminary implementation strategies. The participants input shall be collected by URS to be used in the development of the City of Boynton Beach's Greenway and Bike Trail Master Plan. Task 4 - Refinement of Preferred Alternatives URS shall review the community input collected in Workshop 2 and prepare a preliminary conceptual plan of the potentially most beneficial and implementable greenway and trail system f'mal draft of the City of Boynton Beach's Greenway and Bike Trail Master Plan. The preliminary conceptual plan shall include a final draft of the typical cross-sections of greenways and trails and their support facilities, and implementation strategies. URS shall prepare graphics and texts to be used to post on a project website and at key public places, distributed to.key stakeholders and interest groups, and to be utilized in the final interactive public workshop, Workshop 3. Workshop 3 URS shall facilitate the final interactive public workshop where participants shall be presented with a preliminary conceptual plan of the potentially most beneficial and implementable greenway and trail system. The participants shall be invited to comment on the preliminary conceptual plan's proposed routing, priorities, implementation strategies, and design guidelines that are illustrated by typical cross-sections and sketches of typical support facilities. The participants' input shall be collected'by URS to be used in the final draft of the City of Boynton Beach's Greenway and Bike Trail Master Plan. Task 5 - Assembly of Greenway & Bike Trail Master Plan URS shall assemble a final draft Master Plan document using staff, stakeholder, and public input from Workshop 3. Five draft copies shall be submitted to City staff for review and comments. The City staff's comments and comments shall be used to refine the final draft and prepare the final master plan document. The final master plan document shall include: an executive summary of the inventory of environmental and cultural resources; the community involvement process; a conceptual map of proposed greenway and trail system; recommended implementation strategies; potential funding sources; and suggested design standards and guidelines. URS shall provide the City of Boynton Beach with twenty-five hard copies of the final plan, and one digital copy. Public Presentation to City CoUncil URS shall present the final plan to the City Commission at a public hearing for formal conceptual approval in principle. The scope of services is further described by discipline and task. The discipline categories presented are: Public Involvement; Website Maintenance; Environmental Assessment and Analysis; Geographic Information System (GIS) Mapping and Analysis; and Greenway and Trail Planning. Phase II - Public Involvement Program (PIP) Patricia Bidol-Padva as a sub-consultant to URS shall facilitate the implementation of the PIP. The PIP will enable stakeholders ample time to review and comment during all phases of the development of the Master Plan. During the course of the Project, all views will be carefully considered. The PIP will be implemented, and refined, to enable URS and the City to respond to public involvement needs that may emerge during the life of the Project. During the Phase l - Situation Assessment of the Project, the URS and their facilitator, Patricia Bidol-Padva, garnered the perspectives of key stakeholders such as neighborhood associations, elected officials, individuals and other key stakeholders. The recommended additional Phase II elements of the PIP include the following key components: · Interactive Public Workshops (3) · Public Hearing (1) · Web Site Interactive Public Workshops The Interactive Public Workshops will be designed after URS has developed design options for the Greenways/Bikeway Master Plan. URS and the City will consider public perspectives when the design options are developed. Interactive workshops will be designed so that key stakeholders and the general public can provide in-depth feedback regarding the design prototypes. URS and the Facilitator will create written workshop reports that will be based on the participants' comments (as written on easelpaper and individual comment forms during the meeting). It is anticipated that three workshops are needed to allow the interested stakeholders to provide their feedback on initial and subsequent options. The Interactive workshops will be held throughout the City at times convenient to the stakeholders and general public. Public Hearings Once a revised draft version of the Master Plan has been prepared, URS and the Facilitator will hold a formal Public Hearing that is designed according to the City's specifications. Interactive Website An interactive website will be developed and maintained by URS throughout the project to keep the public informed 'as to project schedules, meeting dates, progress and recommendations. The web page will also include written reports of the public involvement meetings. Sub-consultant Services Patricia Bidol-Padva, as PIP facilitator, shall provide the following tasks: Task 1 - Meetings: Provide professional facilitation services for three meetings with project stakeholders. The intent of the PIP meetings is to garner stakeholder preferences regarding Greenway and Bikeway options for the Master Plan. The meetings will be designed so that the needs of key stakeholders can be expressed as they review quality technical options. Preparation and debriefing meetings with the City and URS will be held as needed. A public workshop will be held after the three PIP meet'.mgs. Work Product. Work products for the PIP shall include the following: · Three PIP meetings with focus groups. · Written meeting summaries that include preferences stated at each meeting. URS will do the initial word-processing of the comments and visuals produced by the stakeholders during the meetings. · Public workshop to be held after the Master Plan has been developed after consideration of preferences s,tated at the PIP meetings. Task 2 - Outreach Efforts: Assist as needed in outreach efforts with individuals, homeowner associations and other key stakeholders. Work Product. Work products for the PIP Outreach Efforts shall include the following: · Phone calls · Face-to face meetings · Distribution of materials to key stakeholders. Phase II - Project Website Maintenance Task I - Update 1 · Upload Inventory Data · Upload Workshop I Notice and Materials Task 2 - Update 2 · Upload Workshop I Results · Upload Evaluation Data · Upload Workshop 2 Notice and Materials Task 3 - Update 3 · Upload Workshop 2 Results · Upload Workshop 3 Notice and Materials Task 4 - Update 4 · Upload Workshop 3 Results · Upload final Presentation Notice and Materials Task 5 - Update 5 · Upload Approved Master Plan Document · Maintain website for six months after final presentation · Facilitate transfer of greenway and trail website to the City's server during six month period. Phase II - Environmental Assessment and Analysis There are two environmental tasks associated with Phase II of the City of Boynton Beach Greenways project. Task 1 consists of conducting field surveys of selected parks and reviewing park management documents. Task 2 involves providing a summary report of the data collected in Task 1 and recommendations for the inclusion of natural areas in a Greenways and Bikeways Master Plan. Task 1 - Assessment and Existing Conditions Characterization: · Aerial-photo based assessment of environmental areas within the City of Boynton Beach, with limited ground-truthing, of four existing park parcels, city-owned natural areas, existing SFWMD and. Lake Worth Drainage District canal easements, and three additional parcels proposed for acquisition (to be determined) · Assess results of existing park management plans Task 2 - Analysis of Opportunities and Constraints and Recommendations: · Provide a summary report documenting existing natural conditions assessed during the field surveys and recommendations as to which parcels should be considered for inclusion in the Greenways Plan · Include a summary of"next steps" (e.g., development of site-specific management plans or other improvements such as restoration and enhancement of natural areas) ' · Include a graphic depicting natural areas reviewed in the field surveys and discussed in the summary report Phase II Geographical Information System Mapping & Analysis Task 1 - Ref'me Geo-data Collected in Phase I: · Data organization and documentation · Data preparation: Formatting Conversion Reprojection Transformation Clipping Dissolving Building Cleaning Task 2 - Preliminary Mapping for Community Involvement Meeting 1: · Map and graphics production for st .akeholder meetings · Map and graphics production for draft community involvement documents and exhibits · Map and graphics production for City of Boynton Beach review Task 3 - Analysis: · Identify greenway route oppommities and constraints · Prepare summary table and alternatives matrix Task 4 - Mapping for Community Involvement Meetine 2: · Update existing features and attributes · Delineate new features and attributes · Identify alternative greenway opportunities Task 5 - Final Mapping for Community Involvement Meeting 3: · Map and graphics production for stakeholder meetings · . Map and graphics production for draft community involvement documents and exhibits · Map and graphics production for City of Boynton Beach review Phase II Greenway & Bike Trail Master Plan Task 1 - Inventory & Analysis · Analyze results of Phase I Community Involvement Situation Assessment · Analyze results of Phase I Preliminary Environmental Assessment · Analyze results of Phase I Preliminary GIS Data Collection Task 2 - Development of Alternatives · Identify greenway & bike trail options · Develop greenway & bike trail alternatives · Prepare workshop exhibits and documents · Present alternatives to public in interactive workshop Task 3 - Evaluation of Alternatives · Using staff, stakeholder and public input evaluate alternatives · Evaluate alternatives based on costs, funding, permittability, and environmental issues. · Prepare workshop exhibits and documents · Present evaluation to public in interactive workshop Task 4 - Refinement of Preferred Alternatives · Using staff, stakeholder and public input ref'me preferred alternatives · Develop implementation strategies · Prepare workshop exlfibits and documents · Present refined preferred alternatives to public in interactive workshop Task 5 - Assembly of Greenwa¥ & Bike Trail Master Plan · Using staff, stakeholder and public input prepare f'mal draft of Master Plan · Submit draft to City staff for review · Refine draft master plan document based on staff comments · Present Final Master Plan to City and Public Compensation The compensation for the tasks detailed above shall be a.lump sump fee of sixty-four thousand and five hundred dollars ($64, 500.00), including direct expenses. The professional services shall be invoiced on a monthly basis as a percentage of work completed. Any additional services not specified in the above scope of services shall be authorized in writing and invoiced on a time plus expenses basis, or on an agreed upon fixed fee. Schedule URS shall proceed upon receipt of written notice to proceed. The first public interactive workshop shall be scheduled with the City to be in a four to five week period following receipt of the notice to proceed. The subsequent public meetings shall also be scheduled with the City to follow within a four to six week period. V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.5 AGENDA ITEM REQUEST FOR , Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December l6, 2002 (Noon) [] March4,2003 FebruarylS, 2003 (N ,o,o.~.. -~-; [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) ~')-~ '. [] Administrative [] Development Plans -'~ NATURE OF [] Consent Agenda [] New Business -- -~ AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award "CO-OP LIQUID CHLORINE CALCIUM AND SODIUM HYPOCHLORITE, (West Palm Beach is the lead agency ), BID # 044-2821-03/JA to JONES CHEMICALS INC., and ALLIED LrNIVERSAL CORP, who were the lowest, most responsive bidders who met all specifications for an estimated annual expenditure of $79~750.00. Contract Period: April 1, 2003-March 31, 2004. EXPLANATION: On February 5, 2003, the City of West Palm Beach opened and tabulated four (4) proposals for the above mentioned bid. Allied Universal and Jones Chemicals, Inc. were the lowest, most responsible, responsive bidders who met ali specifications. Chlorine is critical to our water treatment process as it is used as a disinfectant. Jones Chemicals, Inc. and Allied Universal have provided us with t his c heroical i n t he past a nd h ave performed satisfactorily. Bob Kenyon, Deputy Director of Utilities concurs with this recommendation (see attached memo #03- 031). The City of West Palm Beach is the lead agency for this Palm Beach County Co-Op bid. There are eight (8) other entities participating in this bid besides the City Of Boynton Beach and survey results indicate that all agree with this award (survey attached). PROGRAM IMPACT: The purpose of this bid is to secure a source to provide the best quality Liquid Chlorine, Calcium and Sodium Hypoehlorite at the most economical price and deliver to the various participating agencies. Liquid Chlorine and Calcium Hypoehlorite is used at both of our water treatment plants for the disinfection of the water. The provisions of this bid award is a twelve (12) month contract with the option to renew the contract for two (2) additional one year periods at the same terms and conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the city. FISCAL IMPACT: BUDGET ACCOUNT: EST. ANNUAL EXPENDITURE: '-- 'Y be~ruty l~irector of Financial Servic~... ~__ 'City Manager's Signature Department Name City Attorney / Finance / Human Resources :XBULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC C: Rol:~-t Kenyon - Deputy Director of Utilities File RECEIVED FEB 2 7 2003 MEMORANDUM Utilities #03-031 TO: Carol Doppler Procurement ~.e.e~i~s FROM: Bob Kenyonl Deputy Utilitieg Director DATE: February 25, 2003 SUBJECT: Co-Op Liquid Chlorine and Calcium Hypochiorite Bid #02/03-20 Chlorine is critical to our water treatment process and used as a disinfectant. I recommend participating with the City of West Palm Beach Cooperative Bid for liquid chlorine. We have a satisfactory history with Jones Chemical supplying this product. The Bid price of $319 per ton is 8.5% higher than last year. This is likely due to transportation and insurance costs. Our anticipated usage is approximately 250 tons for an estimated annual expenditure of $79,750.00 dependent upon flow. Funds are available for this necessary chemical in account #401-2811-536-52.28, and we have up to $90,000 allocated for this chemical. Pleas present this request to the Commission for approval of this bid as outlined above. /gh Attachment Xc: Dale Sugerman Barb Conboy Dave Ailstock Tom Fitzgerald .g~ ~ PROCUREMENT DIVISION e 1045 Charlotte Avenue C.~t~of ~ West Palm Beach, FL 33401 TEL: (561) 659-8036 FAX: (561) 835-0028 Cl alm C each "The Capital City of the Palm Beaches" February 18, 2003 Ms. Cathie Guillarmod Allied Universal Corporation 3901 N.W. 115 Avenue Miami, FL 33178 RE: Sealed Bid No. 02103-20 -Liquid Chlorine & Calcium Hypochlorite Notice of Award Dear Ms. Guillarmod: This letter will advise you that Allied Universal Corporation has submitted a bid for the Calcium Hypochlorite portion of the subject bid that has been determined to be the best value to the Palm Beach County Co-op for the items as listed below and as described in the Invitation to Bid. Bid Item Description I Awarded Supplier ] Cost Per Unit of Measure] Calcium Hypochlodte Allied Universal Corp. $ 8~i.00 / 100 lb. drum The term of this agreement shall be for one year beginnirig on Apdl 1, 2003 and ending on March 31, 2004. Each participating entity of this Co-op bid will issue separate purchase orders or blanket releases on an "as needed" basis, based on the specific items and fixed prices listed in the bid and referenced in this letter. Thank you for bidding these chemicals. We look forward to a successful relationship with your firm. cc: Participating Co-op Members File FEB 2 0 20O3 PROCUREMENT SERVICES .~e ~ PROCUREMENT DIVISION 1045 Charlotte Avenue West Palm Beach, FL 33401 Ottof ~ Office: 561-659-8036 Fax: 561-835-0028 Oest CPalm CBe h "The Capital City of the Palm Beaches" Februan/14, 2003 Members of the Palm Beach County. Cooperative Purchasing Council RE: Bid #02/03-20 - Co-op Bid for Liquid Chlorine & Calcium Hypochlorite Dear Members: The City of West Palm Beach, as the lead entity for the subject Co-op Bid, has awarded the following bid items: Bid Item Description IAwarded Supplier Cost per Unit of Measure Liquid Chlorine, 1 ton cylinder I Jones Chemicals, Inc. $319.00 / 1 ton cylinder Liquid Chlorine, 150 lb cyl. Jones Chemicals, Inc. $ 49.00 / 150 lb. cylinder Calcium Hypochlorite, Allied Universal Corp. $ 86.00/100 lb. drum The bid award is based on best Value, which included an evaluation of the Iow bid per chemical (chlorine was evaluated on the basis of.the total price for each type cylinder), experience, past performance, capacity to perform, and to the responsible, responsive bidder who bid per the required specifications. The term of the initial contract shall be for one year beginning on April 1,2003. Attached is a copy of the bid tabulation sheet and bid proposals from Jones Chemical, Inc. and Allied Universal Corporation. If you require additional information or have any questions please contact Jaime Chorvas, Contracts Officer at 561-659-8036, extension 2061. Thank you. - Distri"bution: Witch" --~ards, . Kenyon - Deputy Director of Uti1. File /Nora V~. Laudermilk, CPPB ?~ment Official cc: File V.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM C.1 AGENDA ITEM REQUEST FO va Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) ~ February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) t February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) ~ January 21, 2003 January 6, 2003 (Noon.) March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF J~ Consent Agenda [] New Business AGENDA ITEM [] Public Hearing '-~ Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Adoption of a Resolution prohibiting professional boxing, kick-boxing, and mixed martial arts within the jurisdictional boundaries of the City. EXPLANATION: It was recently announced that a professional boxing match is scheduled for January 24, 2003, at the Club Ovation mght club. As a condition of promoting and holding a professional boxing match, a promoter must obtain from the Florida Boxing Commission a fight event permit. The Florida Boxing Commissiola is not authorized to issue a permit for an event in any City that has adopted by Ordinance or Resolution a ban on such events. The City has no current Ordinance or Resolution banning professional boxing. The intent of this Resolution is to satisfy the statutory requirement and hereafter prohibit professional boxing, kick-boxing, or mixed martial arts matches. Notwithstanding the state permitting issue, a professional boxing event at Club Ovation would violate City zoning and occupational license regulations. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Maintain the status quo and allow properly licens, ed)~ssional boxing matches within the City boundaries.. Department Head's Signature "iCily Manager's-Signature City Attorney Department Name ~/ City Attor~lt'? ~tnce / Human Resources S:XBULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- O ! 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROHIBITING ANY MATCH OR PROGRAM OF MATCHES OF PROFESSIONAL BOXING, KICKBOXING OR MIXED MARTIAL ARTS WITHIN THE JURISDICTIONAL BOUNDARIES OF THE CITY; DIRECTING THE CITY CLERK TO FILE A COPY OF THIS RESOLUTION WITH THE FLORIDA STATE BOXING COMMISSION AND OTHER STATE AGENCIFS WHICH ISSUE LICENSES AND PERMITS FOR MATCHES OF BOXING, KICKBOXING OR MIXED MARTIAL ARTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission finds that it is in the best interest of the health safety and welfare of the City, its residents, and businesses to prohibit any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City of Boynton Beach, Florida; and WHEREAS, it is the intent of this Resolution to prohibit, under the authority of §548.033, Florida Statutes, the issuance of a permit by the Florida State Boxing Commi~ion or any other state regulatory agency for any match or program of matches of profess~nal boxing, kickboxing, or mixed martial arts, within the jurisdictional boundaries of the Ci~ of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY TI-IE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TItAT: Section 1. The foregoing "WHEREAS" clause is he..*eby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. Section 2. Any match or program of matches of professional boxing, kickboxing or mixed martial arts within the jurisdictional boundaries of the City of Boynton Beach is prohibited. Section 3.. The terms "match", "boxing", "kickboxing", "exhibition", "professional" and "mixed martial arts" shall be defined as those terms are defined in §548.002, Florida Statutes. Sectio~ 4. The City Clerk is directed to file a copy of this Resolution with the Florida State"Boxing Commission and other state a~gencies which issue licenses and permits for matches of boxing, kickboxing or mixed martial arts. Section 5. THe City Administration is authorized to execute documents necessary to effectuate the intent of this Resolution. Section 6. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk V.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21. 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18.2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 {Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon), - ~ :. [] Administrative [] Legal ..... NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation --. ' --:~. [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve by resolution the recommendation by South Central Regional Wastewater Treatment and Disposal Board to fund the Task Order for Hazen & Sawyer to complete design and construction services for the next phase of the plant's reuse program. Total value of this Task Order will be $88,000 divided between Boynton Beach and Delray Beach requiring each to fund $44,000. · EXPLANATION: Per the direction of the South Central Regional Wastewater Treatment and Disposal Board, staff has proceeded with the planned expansion of the current reuse program. As part of that process, the plant has been granted a $600,000 grant from South Florida Water Management District to be allocated for on-site plant expansion. To meet the requirements of the grant, construction of the plant expansion must proceed within twelve (12) months of the grant issue date. PROGRAM IMPACT: The proposed construction will modify the on-site reuse facilities to allow for increased production and on-site storage of the reuse water. Expansion of the distribution system into the Delray Beach service area will be done under a separate Task Order. FISCAL IMPACT: Funds are available in account g401-5000-590-96.05, REG027 for the $44,000 share of the proposed Task Order. SSBULLETIN~ORMS~GENDA l'rEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Do not proceed at this time with the expansion of the reuse process and remm the grant offer to South Florida Water Management District. Department Head'0Signamre City Manager's Signature - /~/ ~i~ty Att~lte~'/Finance ( Human Resources Department Name Xc: Dale Sugerman Barb Conboy Mark Law File S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RECOMMENDATION BY SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD TO FUND THE TASK ORDER FOR HAZEN & SAWYER TO COMPLETE DESIGN AND CONSTRUCTION SERVICES FOR THE NEXT PHASE OF THE PLANT'S REUSE PROGRAM, IN THE TOTAL AMOUNT OF $88,000, TO BE DIVIDED EQUALLY BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF DELRAY BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the direction of the South Central Regional Wastewater Treatment and Disposal Board, staff has proceeded with the planned expansion of the current reuse program; and WHEREAS, as part of that process, the plant has been granted a $600,000 grant from South Florida Water Management District to be allocated for on-site plant expansion, provided that construction of the plant expansion must proceed within twelve months of the grant issue date; and WHEREAS, the proposed construction will modify the on-site reuse facilities to allow for increased production and on-site storage of the reuse water; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby authorize and approve the recommendation by South Central Regional Wastewater Treatment and Disposal Board to fund the Task Order for Hazen & Sawyer to complete design and construction services for the next phase of the plant's reuse program in the total amount of $88,000, to be divided equally between the City of Boynton Beach and the City of Delray Beach. Section 2. This Resolution shall take effect immediately upon passage. $:\CA'~RESO~Agreements~SCRWTD -HazE~ and Sawyer Ta~ Order Ale"oval.doc PASSED AND ADOPTED this __ day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk -Hazen and Sawy~ Ta~k Ord.' Apfxoval.doc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach. Florida 33445 ROBERT J. HAGEL ~ ~ Telephone Executive Director \~~]~] (561) 272-7061 (561) 734-2577 ~ Fax: (561) 265-2357 E-mail: scrwwtp@ ix.netcom.com MEMORANDUM TO: Richard Hasko, Utility Dirtctor, City of Delray Beach Mark Law, Assistant~ Ut~~n~r, city of Boynton Beach FROM: Robert J. Hagel ~:Z~j~ DATE: January 21, 2003 RE: RECLAIMED WATER FUNDING Enclosed please find possible language needed to initiate funding for Hazen & Sawyer's Design & Construction services in the amount of $88,000. for the Reuse $600,000 South Florida Water Management District's Grant Project. The $88,000. will be divided equally from the Boynton Beach and Delray Beach Utility Department funds in the amount of $44,000. If you have any questions or comments, please contact me. cc: Maggie Woodall File #11-202(a) V.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] Jallual'y 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal _~ [] Bids [] Unfinished Business - ' [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Resolution authorizing the release of a cash bond of $23,000.00 to VDS Associates, Ltd. for the project known as the Clubhouse at Villa Del Sol. EXPLANATION: On August 30, 2002, the Building Division sent to the Finance Department a cash bond of $23,000.00 for the completion of the permitted work at the Villa Del Sol Clubhouse (2925 South Federal Hwy.). The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATiVe~ ~X~~/~' Quin~-~'L. Gree{ae, Dev~elopm~nt Director ity anager s Signature Development Department Department Name U City A~e~ ~inance / Human Resources S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A RELEASE OF A CASH BOND TO VDS ASSOCIATES, LTD., FOR THE PROJECT KNOWN AS CLUBHOUSE AT VILLA DEL SOL, IN THE AMOUNT OF $23,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 30, 2002, the Building Division accepted cash bond in the mount of $23,000 from VDS Associates, Ltd., to guarantee completion of all ~ermitted work at the Villa Del Sol Clubhouse (2925 South Federal Hwy.); and WHEREAS, a final inspection has been conducted on this project, the work has ~een completed, and a Certificate of Occupancy has been issued. NOW, THEREFORE, BE IT RESOLVEI) BY TItE CITY COMMISSION OF THE CITY OF BOYNTON BEACI-I, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based the recommendation of staff, hereby approves the release of a cash bond in the amount of $23,000 to VDS Associates, Ltd.,. for the project known as the Clubhouse at Del Sol, located at 2925 South Federal Hwy. Section 2,: That this Resolution shall become effective immediately upon ~assag¢, ;:\CAkRESOXLetters of CreditkRelease of Cash Bonds - Clubhouse at Villa Del Sol.doc PASSED AND ADOPTED this __ day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) $:\CAXRESO~tters of Credit~R. elease of Cash Bonda - Clubhouse at Villa I~1 Sol.doe RNERSTONE GROUP Ma Don Johnson Bc ]ding Official Ct ,' of Boynton Beach 10 ~ E. Boynton Beach Blvd. Bc mton Beach, Fl. 33426 ~ ~ Bond for ~ Clubho~e m V~ Del Sol m Boston Beach ~ ~t ~. Jo~n: ~ [~. le~ ~ ~t ~ o~ fo~ reque~ for ~e rele~ of~e $23,000 c~h.~nd tMt pc ;ted ~ ~e Ci~ on Au~ 28, 2002 for ~e hs~ce of~e TCO for ~e clubho~ on ~, a~ve referenced project. If you ~ve ~y que~iom ple~ comet me ~e~tely. Si tcer , Ir: Grossman P; >~ieet Mafiager T .¢ foregoing letter was acknowledged before me this 12n day of February 2003, by Ira G essman, Project Manager for VDS Associates, Ltd., a Florida Limited Partnership. He is :,ersonally known to me. ~~ ~~~~~O~ ~0~A NOTARY I~UB'LIC STArrE My 60remission expires: I!~':-.-,,'~.'~.~ E~ ~-~E~. ,"~'.,,~4~m ~ ..,.~,..,-- _ _ '---~---.-D? ,.,, . EXHIBIT "A" 2121 PONCE C LEON BLVD., PH, CORAL GABLES, FLORIDA 33134 * TEL: 305.443.8288 * FAX: 305.443.9339 cornerstonegrp.com DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-186 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official~_~ DATE: August 30, 2002 SUBJECT: CASH BOND - VILLA DEL SOL (CLUBHOUSE) - 2925 SOUTH FEDERAL HWY. Attached is a check for $23,000.00 from VDS Associates, Ltd. This is a cash surety for Villa Del Sol (Clubhouse) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letters from Quincy R. Johnson ITl, AIA/Alex Knight and check XC: Timothy K. Large, Building Code Administrator Permit File # 01-2377 S:\Development\Building Div~DocumentskMemos in Word\Cash Bonds - 2002\Cash Bond - Villa Del Sol 01-2377.doc EXHIBIT "B" VDSAssociates, Ltd City of Boy"nton Beach 8-23-02 339-082302 ~S-TCO Ci~ou 339-~070 23000.00 CHECK 8-27-02 IchEcK ] 23000 00 DATE NUMBER 298 TOTAL > · PLEASE DETACH AND RETAIN FOR YOUR RECORDS VDS Associates, Ltd Sour. Trust Bank 301 Miracle Mile Development Account Coral Gables, FL 33134 2121 Ponce De Leon Blvd. PHI1 sa-aaa Coral Gables, FL 33134 ~al DATE CHECK NO. AMOUNT August 27, 2002 298 $****'23,000.00 Pay: ***************************************** thousand dollars and no cents PAY City of Boynton Beach /~~ ~ TO THE ORDER OF ,'OOOO;:qR,' ~:O&%l, OqL,-~O~: ?0 r--,l,? qOL,,' CITY OF BOYNTON BEACH - 2 5 3 4 9 Boynton Beach, Florida DATE ~/'~ 20(~ OE~TME~T '~%~.~ - ~o~ Ch..Ce-.~.% Vbs &,~~-.~ ,~- ~ I · ~ . I EXHIBIT "C" · ]2[RCHIT£CT$ ~RU(:E P. ANCiH-:[ ~%'~YNE BERFNIL~t ',h August 28, 2002 [~iCH.XRD J )NFs, SI'EVE .~[YOi'T,., :' City of Boynton Beach Development Department 100 East Boynton Beach Blvd. P.O. Box 310 -:: ~ .~, Boynton Beach, FL 33425-0310 RE' VILLA DEL SOL ALLIANCE CONSTRUCTION Per architect's scope of work for site related amenity construction, the racquetball court is yet to be finished; the value for the work to be done is $17,900. Should we be of further assistance, please feel free to contact our office. . on Architects .AUG ~ 8 2002 Qui'nc~-R. Johnson III AIA MIRM EXHIBIT "D' · CO,M,MERCI,\L · RESI DENTI \L · R£T~[I. · !lO';i".T ~.[ !T', 949 Clint Moore Road Boca Raton, Florida 33487 Ph/56l)997 9997 Fax (561)997 1610 ~'AAC002193 www. quincyjohnson.com #IB-O001142 August 26,2002 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach. FL 33425 Attn.: Building Department Ref.: Villa Del Sol The Cornerstone Group To whom it may concern: This letter is to certify that the amount of landscaping remaining for the clubhouse/pool area is $3,000.00. If you have any questions or require additional information, please contact our office. Alex Ce:/The Cornerstone Group: Ira Grossman L a n d s c a p e Architecture And Planning 2 6 9 Giralda Avenue Suite 200 Coral Gables Florida 3 3 I 3 4 Telephon, 305-441-651 Facsimile EXHIBIT "E" 305 - 441- 1105 V.-CONSENT AGENDA ITEl4 C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to CiW Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Recommend passage of Letter of Understanding. EXPLANATION: Clarification of language in Article 30, Longevity, of IAFF contract. PROGRAM IMPACT: Fire Rescue employees will receive benefit based on time served in Fire Rescue Department. FISCAL IMPACT: Longevity incentive will be based on time on the job with Fire Rescue. Department and will not include time while previously working in other city departments. ALTERN.~$: Do not ratify.~of understanding and allow existing languag~io.~?~undefined. - -Departme~an[ead's Signature ~ [/. City Man~g'er's Signature S:~BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC (IAFF) ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the IAFF have previously a Collective Bargaining Agreement; and WHEREAS, the City and the IAFF have agreed that a discrepancy was in Article 30, and that clarification of this Article was necessary; and WHEREAS, the City and the IAFF have amicably worked together to the language in Article 30, to correctly reflect the agreement between the NOW, THEREFORE, BE IT RESOLVED BY THE CITY ~MMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorize and direct the Mayor and City Clerk to execute a of Understanding between the City of Boynton Beach and the IAFF, copy of which is attached hereto and made a part of the current Collective · ' ; Agreement Section 2. This Resolution will become effective immediately upon ~assage. PASSED AND ADOPTED this day of March, 2003. ;:\CALRESO\Agreements\CBA RatificationsXBBFD LOU 030703.doc CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk ICorporate Seal) 5:\CA~RESO~Agreements\CBA Ratification~BBFD LOU 030703.doc LETTER OF UNDERSTANDING TO: Mr. Randy Jute, President, I.A.F.F. Local 1891 FROM: William L. Bingham, Fire Chief ~/~//~--- '~,~ ~' - SUBJECT: Letter of Understanding regarding Loncievitv IAFF Collective Bargaining Agreement, Article 30 DATE: February 11,2003 WHEREAS a new Longevity article was established and implemented upon contract ratification, and WHEREAS an issue was identified post-ratification relating specifically to the phrase "employed with the City" in Section l(a) of this article, which, if not resolved, will create confusion in its interpretation and discrepancy in its application, and WHEREAS all other contractual provisions, as well as department practica, applies to tenure with the Department, and not with the City, now THEREFORE it is the intent of this Letter of Understanding to resolve the above issue by agreeing that the term "employed by the City" is defined as being employed by the City of Boynton Beach Fire Rescue Department. This change shall have no impact on any other provision of the collective bargaining agreement and all other articles remain unaffected. This change shall be effective upon ratification by both parties. Mr. Randy Jute, President, I.A.F.F. Local 1891 Date Mr. Kurt Bressner, City Manager Date Date ratified by City Date ratified by Union V.-CONSENT AGENDA ITEl4 C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Datv~ in to City Clerk's Office [] December 3. 2002 November 18, 2002 (Noon} [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business Po AGENDA ITEM [] Public Hearing [] Legal con '2;:: [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RfiGOMMfiNDATION: Motion to award and approve by Resolution Amendment No. 2 to Task Order No. 01-05 to Camp, Dresser & McKee (CDM) for additional engineering services for the INCA Stormwater Management Improvements and Water Main Replacement project (,formally referred to as the NE 7t" Street and NE 10t" Avenue project) in the amount of $45,800.00. EXPLANATION: Task Order No. 01-05 was awarded to CDM by the City Commission on May 1, 2001. The Task Order included stormwater management, water main replacement and the installation of 20 pollution control devices (PCD outfalls) for the Lake Worth Lagoon/Intracoastal Waterway in the general area of the Inlet Cove Neighborhood Association. It should be mentioned that the City is receiving $325,000.00 in matching funds from the Lake Worth Lagoon Grant Committee for the construction/installation phase for the PCD outfall devices. The original Task Order was for services related to surveying, design, permitting and cost estimating to allow us to ge[ to the bidding stage of the INCA project. On March 19, 2002, the Commission approved Amendment No. 1 to this Task Order for the addition of North and South Roads into the project due to the contiguous nature of the two (2) activities and the potential to benefit from the design and related cost efficiencies. The North and South Roads portion of this project is to replace and upgrade existing water mains in that neighborhood. S:\BULLETIN~ORMSLS, GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM During the design phase of this project, the City has held numerous community involvement meetings with the residents of INCA to discuss the details of the project and to receive feedback/suggestions from our customers. As a result of these community involvement meetings, several changes to the design plans and project scope have resulted. In addition, the City has been actively acquiring individual parcels of land to accommodate stormwater retention (to meet the very stringent permitting requirements of the SFWMD). Four (4) recently acquired parcels also included a portion of Rider Road. Rider Road has been a private road with public access and thus had not been previously included in our stormwater management plans or models. Each of these additional activities have caused us to ask for additional work from our consulting engineer. Amendment No. 2 to Task Order No. 01-05 would allow CDM to complete the following: · Seek a permit exemption from the SFMWD for the installation of the 20 PCDs. · Move the installation of the 20 PCDs from this project to the Downtown Watershed Phase 2 of 3 project. · Redesign NE 10th Avenue improvements from a cul-de-sac as was originally designed to a connecting street as specifically requested by the neighborhood association. · Design for an emergency generator for pumping station at NE 7th Street. · Transfer of Engineer of Record status for water main improvements from the City to CDM. · Provide bidding services for the project. Presently, we estimate we are well into the permitting process and I~ave received only one (1) request for additional information from the SFWMD. With the approval of this Task Order amendment, we can proceed with an immediate request for bid upon the receipt of the SFWMD permit. PROGRAM IMPACT: The proposed water main replacement will improve water quality and fire protection for the community. The installation of the proposed stormwater system will enhance stormwater management in the general area allowing for better control of pollution and surface runoff. FISCAL IMPACT: The actual fiscal impact of this amendment is an additional $45,800.00. The chart on the following page provides a complete outline of the original project costs, along with the total project costs if the amendment is approved. S:\BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Commission Agenda Project Area Description AMOUNT Meeting Date Item Approved Task Order NE 7tn Street and NE 10m Avenue & 20 $236,610.00 5/1/01 01-05 (PCD) outfall devices Approved Amendment Addition of North and South Roads 59,500.00 3/19/02 #1 Proposed Motion Amendment Addition of Rider Road, moving 20 outfall 45,800.00 3/18/03 #2 devices to another project to allow Grant imposed installation deadlines to be met. TOTAL PROJECT TO DATE $341,910.00 Funds are available in the following account: CIP/Stormwater g407-5000-590-96.07, Project No. STM021. ALTERNATIVES: Our altematives are very limited if we intend to improve the quality of life within the effected communities. If these projects do not go forward, we will continue to have nuisance flooding and the drainage of untreated stormwater going into the Intracoastal Waterway. ~ Dale S. Sucjerman City Manager's Signature Assistant City Manager Utilities Department ~'-~, ~.~,, z~ Department Name ~/r City ,~o'~ey / Finance ! Human Resources /ktr Attachments bc: Dale S. Sugerman, Assistant City Manager Barb Conboy, Utilities Manager Mark Law, Deputy Utilities Director File Paul Fleming, Sr. Project Manager S:~BULLET1NWORMSL~,GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO TASK ORDER NO. 01-05 BETWEEN THE CITY OF BOYNTON BEACH AND CAMP DRESSER AND MCKEE (CDM) IN THE AMOUNT OF $45,800 FOR ADDITIONAL ENGINEERING SERVICES FOR THE INCA STORMWATER MANAGEMENT IMPROVEMENTS AND WATER MAIN REPLACEMENT PROJECT (FORMALLY REFERRED TO AS THE NE 7m AVE. AND NE 10TM AVENUE PROJECT); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission approved Task Order No. 01-05 to CDM on May 2001 for services related to surveying, design, permitting and cost estimating to allow us to to the bidding stage of the INCA project; and WttEREAS, on March 19, 2002, the Commission approved Amendment No. 1 to Task Order for the addition of North and South Roads into the project due to the nature of the two (2) activities and the potential to benefit from the design and cost efficiencies; WHEREAS, as a result of numerous community involvement meetings by staff with residents of INCA, several changes to the design plans and project scope have resulted; WI-IERE~, the City has been actively acquiring individual parcels of land to stormwater retention, which has resulted in the need for additional work from consulting:engineer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: ;:\CA\RESO~Agreements\Task - Change Orders\Consultant - CDM Task OrdefOl-O5.doc Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the execution of Amendment No. 2 to Task Order No. 01-05 to Camp, Dresser & McKee (CDM) for additional engineering services for the INCA ;tormwater Management Improvements and Water Main Replacement project in the amount ff $45,800.00. Section 3. This Resolution shall become effective immediately upon passage. PASSED A~D Al)OPTED this ~ day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (~Corporate Seal) ;:\CA\RESO~Agreements\Task - Change Ordem\Consultant - CDM Task Ordef~l-05.doc ENGINEERING SERVICES TASK ORDER CITY OF BOYNTON BEACH , TASK ORDER NO. 01-05, Amendment No. 2 DATE: CDM PROJECT NO. 6276 - 5 I. PROJECT TITLE Additions to the Stormwater Management Improvements and Water Main Replacement Project II. BACKGROUND Camp Dresser & McKee Inc. (CDM) has been retained by the City of Boynton Beach (City) to implement stormwater improvements for the NE 7· Street area, water main replacement, North and South Roads and 20 outfall treatment devices. The City has identified the need to also implement stormwater improvements for the Rider Road area located adjacent to the NE 7~ Street area, and therefore requested this amendment for surveying, design, permitting and cost estimating for stormwater improvements in the Rider Road area. The City has held numerous workshops with the affected communities to discuss the projects and receive feedback. Several changes to the project have resulted from these workshops and/or grant requirements, which are also included in this amendment. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated the 4~h day of October 2000 between the City and CDM. IV. SCOPE OF SERVICES The Scope of Services shall include surveying, design, permitting, technical reviews, cost estimating and bidding services related to the implementation of the stormwater improvements to the Rider Road area. The work will be implemented with the planned stormwater improvements to the NE 7~ Street area. This amendment also includes several modifications to the NE 7~h Street stormwater improvements project requested by the City, application For a permit exemption for the 20 outfall treatment devices, CDM acting as Engineer of Record for the water main replacement, separation of the drawings and specifications into two. project sets, and bidding services for the NE 7~ Street Improvements project. Bidding of the 20 outfall treatment devices will be conducted with the Downtown Watershed Improvements - Phase II project, for which CDM is already under contract for bidding services. Task C)~er.doc The detailed Scope of Services are included in Exhibit A. V. PRO]-ECT STATUS REVIEW CDM shall provide the City with written monthly status reports with monthly invoices for the duration of the project. VI. COMPENSATION FOR SERVICES The total amount to be paid to CDM by the City under this Task Order shall be a not-to- exceed amount of $45,800. A breakdown of the labor hours and other costs associated with this Task Order are provided in Exhibits B and C. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CAMP DRESSER & McKee INC. CITY OF BOYNTON BEACH, FLORIDA David F. Holtz, P.E. Kurt Bressner, City Manager Associate 2 N:~tOOOO~s7379 Revised Task Ordm'.cloc EXHIBIT A STORMWATER MANAGEMENT IMPROVEMENTS FOR THE RIDER ROAD AREA SCOPE OF SERVICES The scope of services for this Amendment No. 2 to Task Order 01-05, is described below. TASK 1 - STORMWATER MANAGEMENT SYSTEM IMPROVEMENTS FOR THE RIDER ROAD AREA CDM will perform the design of the proposed surface water management system to improve water quality and decrease the nuisance flooding experienced by the residents in the Rider Road area. The additional project area is located on Rider Road and a small stretch of road heading north/south between Rider Road and NE 10m Avenue, as shown in Figure 1. A description of the subtasks comprising the scope of services for this task is as follows. Subtask 1.1 - Topographic Survey CDM will employ the services of a licensed professional surveyor, registered in the State of Florida, to conduct surveying services in the project area. A specific-purpose topographic survey will map the project area with a contour interval of 0.5 feet. Spot elevations along the crown of the streets will be identified at 50-foot intervals. The survey contours will reflect existing building pads, roadways, swales, culverts, and depressed areas. The survey will identify known underground and overhead utilities and will identify right-of-way monuments. In addition, stormwater structures, roadways, and inverts of stormwate'r pipes will be identified. The horizontal datum for the survey will be NAD 1983 State Plane Coordinates and the vertical datum will be the NGVD 1929. The topographic map and data obtained by the surveyor will be used to perform hydrologic and hydraulic analyses for the project area and to develop design drawings depicting existing conditions and site improvements. The survey will be in digital format. Surveying services to map and provide legal descriptions of easements, which may be required for project implementation, are not currently identified and are not included. A budget of $7,000 is included for obtaining the above survey information. Subtask 1.2 - Hydrologic And Hydraulic Analysis CDM will use the data collected from Subtask 1.1 to update the model prepared for the NE 7~h Street Area. CDM witl'use the model to estimate the peak flows from the 2.5 inch, 5-yr/24-hr, 25-yr/24-hr, 25-yr/72-hr, and 100-yr/72-hr storm events. Based on the topographic survey and information gathered on hydraulic structures, a hydraulic routing analysis will be performed for the recommended improvements. The results of the hydraulic analysis will be used to idenfffy maximum water surface elevations for the low-lying areas that are currently N:~30(N~73"/9 R~ecl E3~liblt A.do~ A-1 Fl~re 1 Stormw~ Management Improvements Palm Beach County Orlho Photos subjected to nuisance flooding. The results of the model modifications will be used in the storrnwater improvements design and Environmental Resource Permit application for the revised project boundaries. , Subtask 1.3 - Design Of Stormwater Management System Improvements Based on the modeling results of Subtask 1.2, CDM will design the stormwater management system improvements for the expanded project area. CDM will prepare construction drawings and specifications for the project, based on the topographic survey provided under Subtask 1.1, and the design activities described above. The drawings will include the road grading details, plan and profile of the roads, and details of the culverts, inlets, and treatment structures. A description and estimate of the number of drawings required to depict work for the improvements, as part of the NE 7th Street project, are presented in Table A-1. Table A-1 Drawings List - Stormwater Management System Improvements for Rider Road Sheet Description No. Of Sheets Plan and Profile Sheets (Scale 1" = 20') 1 Detail Sheets 1 Total 2 Subtask 1.4 - Permitting Assistance The Environmental Resource Permit (ERP) application for the NE 7~h Street Stormwater Improvements project and all supporting calculations and data will be modified to include the additional impervious area assodated with Rider Road and adjacent developments. In addition, jurisdictional wetlands dolirteation for the mangrove area of Bond No. 2 and a seagrass survey were conducted by CDM for inclusion in the ERP application. Subtask 1.5 - Cost Estimating CDM will include the Rider Road area when preparing the engineer's estimate of probable cost of construction for the implementation of the project at the 90 percent and final stages of the design process. TASK 2 -RE-DESIGN OF THE NE 10TM AVENUE IMPROVEMENTS (CUL-DE-SAC). Based upon City direction and the first workshop with the community, CDM proceeded with the final design and preparation of drawings to modify NE 10~ Avenue to include a cul-de-sac at the intersection of NE 106 Avenue and NE 7~h Street. This effort included meetings with City staff to discuss cul-de-sac design requirements and amenities for the large stormwater pond, as well as design of sanitary sewer and water main modifications. After the second public workshop and homeowner's association meeting, CDM was directed by the City to revise the cul-de-sac design on NE 10~ Avenue to remain a through street. This required CDM to redesign the roadway layout, water and sewer relocation modification, and the stormwater pond design at this intersection. TASK 3 - EMERGENCY GENERATOR FOR THE STORMWATER PUMP STATION At the City's request, and due to the critical nature of an operational pump station, CDM designed an emergency backup electrical generator to provide power to the stormwater pump station in case of a power outage. The emergency generator will provide adequate power to energize the 18,000 gpm, 100 horsepower stormwater pump and operate the system in case of a power outage. TASK 4 - ENGINEER OF RECORD FOR THE WATER MAIN DESIGN CDM will become the Engineer of Record for the water main design. Included in this task will be the evaluation of the current design based upon the review and evaluation and preparation and submittal of a request to modify the permitted Engineer of Record with the Palm Beach County Health Depai-hltent. TASK 5 - SEPARATION OF 20 OUTFALL TREATMENT DEVICE PROIECT Per the City's direction, the drawings and specifications for the project will be separated into two construction project sets as follows: · Set 1: 20 outfall treatment devices · Set 2: NE 7· Street Area stormwater improvements, North and South Road stormwater improvements and water main replacement Separate covers, table of contents, index sheets and civil detail sheets will be prepared for each drawing set. The technical specifications will also be separated into two sets. These changes will be required for bidding and construction of the two projects separately. A separate application for a permit exemption was prepared for the 20 outfall treatment device project and submitted to the South Florida Water Management District. The exemption will allow this project to be implemented separately from the other project. TASK 6 - BIDDING SERVICES CDM will provide services associated with bidding of the project upon acceptance of the construction plans and contract documents. Bidding services cover the period begirming with the advertisement for bids and ending with execution of the construction contracts by the City and Contractor. CDMwill provide the following bidding services: · Preparation of detailed bid forms and schedule of bid items. · Assistance to the City in the preparation of the bid advertisements. · Convening and managing a pre-bid conference during the advertisement period. · Assistance to the City in responding to requests for clarification during the advertisement period. . · Preparation of addenda in response to valid inquiries as necessary. · Preparation of the final opinion of probable cost of construction for the project prior to the receipt of bids. · Attendance at the bid opening. · Assistance to the City in tabula~ng and evaluating all bids received. · Preparation of recommendation of a bidder for award of contract by the City. The City will be responsible for advertising the projects. CDM will provide the City with reproducible documents for distribution of bidding documents. The City will administer the issuance of bidding documents and addenda among interested bidders, and will prepare the Notice of Award and contracts for execution. EXHIBIT B PROJECT BUDGET PROJECT: Additions to Stormwater Management Improvements and Water Main . Replacement CONTRACT Agreement between City of Boynton Beach and REFERENCE: Camp Dresser & McKee Inc. dated October 4, 2000 Labor Category_ Hours Hourly Rate (S/hr) Total Project Director 14 $138 Technical Specialist 15 $144 Senior Engineer/Scientist 48 $123 Professional II 70 $78 Professional I 64 $67 Senior Support Services 28 $99 Staff Support Services 128 $61 Clerical 70 $39 437 TOTAL LABOR COST $33,054 OTHER DIRECT COSTS Reproduction and Supplies $10,00 Travel 500 Computer and CAD 1,000 Postage and Shipping 500 TOTAL OTHER DIRECT COSTS $3,000 OUTSIDE PROFESSIONAL SERVICES (With 10% Mark-Up) Surveying $7,000 Geotechnical 2,750 TOTAL OUTSIDE PROFESSIONALS $9,750 TOTAL ESTIMATED COST $45,804 UPPER LIMIT AMOUNT $45,800 NfllX~737~ Revistll:l EJ631blt B-l.doc B-1 V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.6 AGENDA ITEM REQUEST FORi,, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) C ...~ ~ ;C "*'~ [] Administrative [] Legal cz NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing '- [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION Authorize by resolution, the Recreation and Parks Department to make an application to the Florida Inland Navigation District for financial assistance to renovate the Boat Club Park fishing /Viewing Pier. EXPLANATION: A resolution authorizing the City to apply for financial assistance is required by the Florida Inland Navigation District. Originally constructed in 1985, the Boat Club Park Fishing/Viewing Pier is in need of repair. While the foundation is structurally sound, the surface needs re-decking. The Florida Inland Navigation District 's'Waterways Assistance Program offers 50%funding for Atlantic Intracoastal Waterway improvement projects. This funding would enable the Recreation and Parks Department to complete the final renovation project at this park, in a timely manner. PROGRAM IMPACT: Approximately 225 people per month, utilize the Fishing/Viewing Pier. It is the City's responsibility to properly maintain the park amenities. If the amenities are not properly maintained park use will decline. FISCAL IMPACT: The Florida Inland Navigation District's lVaterways Assistance Program provides 50% of the project costs. Boat Club Fishing/Viewing Pier renovation expenses total is $50,000 The City is requesting a $25,000 in grant funds. ALTERNATIVES: The City could fund the entire project cost $50,000. / Department Head's Signature ' City Manager's Signature Deparmlent Name // -City Attol~y / ~inance / Human Resources S:~BULLETIN~ORMSgkGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING STAFF TO APPLY FOR A GRANT FROM THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) PROGRAM, FOR FINANCIAL ASSISTANCE TO RENOVATE THE BOAT CLUB PAR~ FISHING/VIEWING PIER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, staff has determined that while the foundation of the Boat Club Park Pier is structurally sound, the surface needs re-decking and is in need of and WHEREAS, the Florida Inland Navigation District's Waterways Assistance Program )ffers 50% funding for Atlantic Intracoastal Waterway improvement projects and WHEREAS, the City Commission of the City of Boynton Beach, upon of staff, deems it to be in the best interests of the citizens of the City of Beach to authorize and direct staff to apply for a giant fi.om the Florida Inland District (FIND), for financial assistance to reno,,ate the Boat Club Park ?ishing/Viewing Pier; and NOW, TltEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes directs staff to apply for a giant from the Florida Inland Navigation District (FIND), for 7 ~ assistance to renovate the Boat Club Park Fishing/Viewing Pier, and authorizes the Manager to execute all necessary documentation to effectuate this application. Section 2. This Resolution shall become effective immediately upon passage. - Boat ~lub P~ P~er.doc PASSED AND ADOPTED this __ day of March 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE City Of Boynton Beach is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of Boynton Beach and the State of Florida: Project Title Boat Club Park Fishing/Viewing Pier Total Estimated Cost $_50,000 Brief Description of Project: The Boat Club Park fishing/viewing pier was originally constructed in 1985. In 2000, the City of Boynton Beach was awarded grant funding from several agencies to be~n major park renovations. The boat ramps were reconstructed, holding docks were added, seventy-five boat trailer parking spaces were added, the channel was dredged and new channel markers were put in place. The fishing/viewing pier is the final amenity to be renovated. While the foundation is structurally sound, the 4,000 sq.ft, pier is worn with uneven surfaces and needs re-decking. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the _City of Boynton Beach (Name of Agency) that the project described above be authorized, AND, be it further resolved that said City of Bo~nton Beach (Name of Agency) make application to the Florida Inland Navigation District in the amount of 50 % of the actual cost of the project in behalf of said __ City of Bowtton Beach (Name of Agency) AND, be it further resolved by the __City of Bognton Beach (Name of Agency) that it certifies to the following: 1. That i~ will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) (1) 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received fi.om the District. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Boynton Beach for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, roles and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a tree and correct copy of a resolution duly and legally adopted by the at a legal meeting held on this day of 20 Attest Signature Title Title Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) (2) ATTACHMENT E-7 ATTORNEYS CERTIFICATION OF TITLE (See Rule 66B-2.006(4) & 2.008(2) FAC) OFFICE OF THE (City or Count) ATTORNEY (Address) ,20m TO WHOM IT MAY CONCERN: I, , am the Attorney for the (City or County), Florida. I hereby state that I have examined a copy of a l~deed, lease, management agreement,_etc.) from to the (Ci~_ or County) dated conveying .(type of interest, ie. Fee simple, easement, 25 year lease, etc.) in the following described property: (Legal Description of Property) I have also examined a document showing that this property is listed on the tax rolls as belonging to the (City or County). Finally, I have also examined such documents and records as necessary for this certification. · This property is what is now called "(Name of ProperS_ as Referenced in the WAP application)". I certify that the (City or Count) does in fact (own, lease, etc.) this property for years. Very truly yours, (Name) (City or County) Attorney FRqD Form No. 94-26 (effective date 5-25-00) GOREN, CHEROF, DOODY & EZROL, P.A. ATTORNEYS AT LAW SUITE 200 3099 EAST COMMERCIAL I~OULEVARD FORT LAUDERDALE, FLORIDA 33308 SAMUEL S. GOREN TELEPHONE (954) 771-4500 JULIE F. KLAHR JAMES A. CHEROF FACSIMILE (954) 771-4923 LINDSEY A. PAYNE DONALD J. DOODY DAVID N. TOLCES KERRY L. EZROL MICHAEL J. PAWELCZYK MICHAEL D. CIRULLO, JR STEVEN L. JOSIAS, OF COUNSEL March 10, 2003 David Roach, Executive Director Florida Inland Navigational District 1314 Marcinski Road Jupiter, Florida 33477-9498 Dear Mr. Roach: I, Donald J. Doody, am an attomey for the City of Boynton Beach, Florida. I hereby state that I have examined a copy of a dedication from the of the State of Florida to the City of Boynton Beach dated July 10, 1962 for public municipal purposes for the following described property: A parcel of submerged land in Lake Worth lying west of the City bulkhead line of the City of Boynton Beach, Florida, and East of Lot 13 SAM BROWN JR.'S S/D in Section 15, Township 45 South, Range 43 East, as recorded in Plat Book 1, Page 8, and as shown on W.S. SHEPARD'S Plat of the S/D of Lots 13, 14 and 15 of said SAM BROWN JR.'S S/D, being recorded in Plat.Book 8, Page 8, Palm Beach County, Florida; being specifically described as follows: From the Northwest Comer of the SW1/4 of said Section 15, bear South 89° 13' 55" East along the north line of said SW1/4, a distance of 785.0 feet to the East fight of way line of the Florida East Coast Railway; thence South 8° 12' 00" West a distance of 1622-4 feet to the north line of said Lot 13; thence South 89° 22' 00" East along the north line of said Lot 13, a distance of 1117-7 feet to the shore of Lake Worth and the point of begirming; thence continue South 89° 22' 00' East, a distance of 290.6 feet to said City bulkhead line; thence South 3° 21' 41" West, along said bulkhead line; a distance of 151.97 feet to the South line of "Homesite" of Lot 13; thence North 89° 22' Off' West along said lot line a distance of 283.5 feet to a point South of the point of beginning; thence North along the former "Shoreline" to the Point of Beginning. Containing 1.0 acres more or less. I have also examined a copy of a sovereign submerged lands easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida dated March 19, 1994, and recorded at Official Record Book 8237, Page 1125 on April 29, 1994 in the Official Records David Roach, Executive Director March 10, 2003 Page 2 of Palm Beach County, Florida conveying an easement to the City of Boynton Beach. Both the dedication and the easement are to the City of Boynton Beach for municipal purposes in order to permit the City to use the property solely for a public access channel in conjunction with an existing public boat ramp, courtesy docks and access piers. The submerged lands lying below the mean high water line of Lake Worth and waterward of the dedication and easement are state owned by virtue of sovereignty. Copies of said dedication and easements are attached. I have examined such documents and records necessary for this certification. This property is going to be used in conjunction with the City's development of property known as Boat Club Park. I certify that the City of Boynton Beach does in fact retain the rights to the dedication from the State of Florida Trustees of the Internal Improvement Fund as well as the easement from the State of Florida for as long as the property described above is used for public municipal purposes. Very truly yours, DONALD J. DOODY DJD:DNT/ja H:\1990X900182.BBXLETTERXRoach L~' (boat club pm'k).doc V.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting, Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] Mamh 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 Janua~ 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and execute by Resolution, Task Order g01-09 with Utilities General Engineering Consultant, Metcalf & Eddy, with a maximum upper limit of $282,559.00 for production well services at the western wellfield. EXPLANATION: The western wellfield is experiencing sand problems. This sand is prematurely plugging the cartridge filters, causing operational problems and significantly increasing costs. Two sources of sand were identified at Wells 1 OW and 12W. This Task Order includes driller services to clean and develop these two wells. Well development stresses the formation and aquifer to improve water production and quality. This is achieved by temporarily installing oversized pumps and high volume air compressors to maximize the flow and remove extraneous material from the formation. Sand is also suspected to be coming from other sources and this Task Order includes the services to televise well casings and water transmission lines, develop other existing wells, clean the water line and, if necessary, design a sand reduction plan that may include separation equipment. Additionally, there are four permitted and constructed wells in this wellfield that were drilled in 1991 for future use but have never been put in production. This Task Order provides the design and construction management services to take these four wells through bidding, final permitting and equipment installation for placement-into service. These four wells will provide additional raw water to the west plant for current needs and the next treatment plant expansion. PROGRAM IMPACT: This Task Ordor will identify sources of sand infiltration and problems at the west wellfield; eliminate or significantly reduce sand from at least two known sources, and prepare bidding documents to place four wells into service. This project is scheduled for a 52 week completion. The scope of work includes: community meetings, the sand source study and remediation process for wells 1 Ow and 12w, evaluation of raw water main integrity, evaluation of other wells, hydraulic modeling, design of mechanical and electrical equipment for wells 4,5,6, and 13w, design of a water main to S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM connect well 13w to the existing raw water main, bidding services, construction management services, final permitting and more. FISCAL IMPACT: The total cost of this Task Order has a maximum upper limit of $282,559. The amount spent will be dependent upon several factors, but most significant is the number of hours for the drill rigs on-site, over-pumping and air development. These factors will be site and results specific as determined in the field in collaboration with the Hydrogeologist. Funds are available for this work in accounts g401-5000-590-96-02, WTR075, and 401-5000-590-96.10, WTR114. ALTERNATIVES: None. This Task Order includes: 1. Well #12W is out of service due to sand production. We need to restore it to service. 2. We need to reduce the operation and maintenance activity and cost associated with frequent cartridge filter change-outs. 3. We need to place Wells 4, 5, 6 and 13 into service to maintain our source of raw water to ~ "~ meoVllurrl~t and future demands. ~ Department Head s l[Ignature City Manager's Signat~'e Department Name /]" City At~ys/F~ance / Human Resources Xc: Dale Sugerman Bob Kenyon Barb Conboy File S:~BULLETIN~FORMS'xAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF TI--IE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A TASK ORDER NO. 01-09 FOR METCALF & EDDY, IN THE AMOUNT NOT TO EXCEED $282,559.00 FOR THE PRODUCTION WELL SERVICES AT THE WESTERN WELLFIELD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon staff's recommendation, has deemed it appropriate, and in the best interests of the public, to approve a Task Order for Metcalf & Eddy., for the production well services at the western wellfied, in an amount not to exceed $282,559; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize and direct execution of Task Order No. 01-09 for Metealf & Eddy, in an not to exceed $282,559. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOI~rED this ~ day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA · Mayor Vice Mayor Commissioner Commissioner Commissioner Clelk ~ Ordes' - MeW. afl & Eddy 01-09 TASK ORDER #01-09 February 7, 2003 FEE PROPOSAL AND SCOPE OF SERVICES CITY OF BOYNTON BEACH SERVICES AT THE WEST WELLFIXLD Back~round The City of Boynton Beach (City) owns and operates the West Wellfield to provide raw supply water for the West Water Treatment Plant (WTP). The wellfield consists of both active and inactive production wells designed to supply the WTP with water from the surficial aquifer. The WTP has recently experienced an increase in the amount of sand reaching the cartridge filters. The increase in sand has resulted in a decrease in cartridge filter working- life and could ultimately damage the treatment membranes. The City has asked that a study be performed to identify the source of the increase in sand reaching the WTP. The study will involve an evaluation of instrumentation, raw water lines, and the supply wells. Sand production at Wells 10W and 12W has been noted and may be the source of the increase in sand reaching the WTP. Upon identification of the source of the increased sand, the appropriate modifications to the raw water supply system will be designed and implemented to reduce sand production. The City would like to place inactive Wells 4W, 5W, 6W and 13W into service in order to increase the raw water supply available to the WTP. Wells 4W, 5W, and 6W are connected to the raw water line; however, 13W will need to be connected to the raw water line. Modifications to the wellhead may be necessary at Wells lW and 12W and may include the installation of a check valve at each well. The scope of services presented herein represents Metcalf & Eddy's efforts in supporting the City for the project. Scope of Services 1.0Project_Management 1.1 Mana em.g~_~ . Project Management activities comprise contract administration, coordination of project staff, monitoring of progress and project costs throughout the project duration. 1 1.2 Project Meetin~ M&E will attend meetings with representatives of the City as part of this project, as follows: a. Two community meetings b. Project kickoff and predesign meeting c. One design review meeting each at the 60% and 90% completion levels d. Pre-bid meeting e. A preconstruction meeting f. Two monthly construction progress meetings (not including RPR weekly meetings) g. Project closeout M&E will prepare all presentation material necessary for the community participation meetings. It is assumed that the City will prepare and distribute the meeting notices. 2.0 Sand Source Study 2.1 Wells lOW and 12W An investigative study will be performed to identify the source of sand that appears to be plugging the cartridge filters. A portion of the study will be focused primarily on Well 12W since this well is a known sand-producer. Findings fi-om the Sand Source Study will be utilized for developing a plan for sand reduction at Well 12W. The following services will be provided to conduct a sand-source study: Evaluate cartridge filter monitoring instrumentation to ensure that such equipment is operating properly and not falsely indicating that the cartridge filters need replacement. · Collect samples of sand fi-om the cartridge filters for comparison with sand being produced from the supply wells. Sand production at Well 12W will be evaluated first since sand production from this well appears to be significant. · Conduct sand content testing on each of the active supply wells to determine the e/trent of sand production l~om each well (a total of seven wells). · Perform television surveys (through a subcontracto0 of Wells 10W and 12W under pumping conditions. Well casing will be inspected for holes and the . open hole formation will be observed while pumping the well to help identify intervals from which sand is being produced. 2 · Full time resident observation services would be provided with this sub-task. It is assumed that the television surveys would take one full day. Use the results of the television surveys to assist in the evaluation of available options for reducing sand production at Wells 10W and 12W. Options to evaluate may include development of the wells and installation of a sand- separator at each well or at the WTP raw water intake. 2.2 Raw Water Line · If the Sand Source Evaluation does not identify the source of sand as being wells specific, conduct a television survey (through a subcontractor) of each of the raw water lines to determine if a breach in the line is resulting in the introduction of sand into the line. This Task assumes that a total of 6,000 linear feet of raw water line will undergo inspection via television survey and the lines are 12- to 24-inch. · Full time resident observation services would be provided with this sub-task. It is assumed that the television surveys would take a maximum of four full days. A written Technical Memorandum summarizing the findings of the sand-source evaluation will be prepared. 3.0 Sand Reduction Plan A sand reduction plan to reduce the amount of sand reaching the cartridge filters will consist of the following: ' · Consider individual well development, installation of sand separators at each supply well and/or at the WTP raw water intake will be considered for this portion of the study. If the television survey of the raw water line reveals that a breach in the raw water line is a source of sand, the Sand Reduction Plan will include a plan for repairing the raw water line. · Prepare technical specifications to allow the execution of the sand reduction plan. Technical specifications shall be provided to the City for attachment to appropriate front-end contract documents. The techhical s. pecifications will be pan of the overall project bid package. 3 4.0 Well Development/Raw Water Line Pigging 4.1 Development of Wells 10W and 12W Upon completion of the Sand Source Evaluation, it may be determined that aggressive development of WeLls 10W and 12W is the most appropriate method of reducing sand production fi.om these wells. If aggressive development of Wells 10W and 12W is determined to be necessary, this Task will consist of the following: · Provide subcontracting services for the performance of aggressive development of Wells 10W and 12W. The services consist of one mobilization, pulling pumps fi.om each well, and a maximum of 120 hours of development time per well (budgeted at $225 per hour). · Provide resident observation services during well development. For budget purposes it is assumed that resident observation services during well development will average 4 hours per day and is assumed to require 4 days of development per well. 4.2 Development of Wells 4W, 5W, 6W and 13W Wells 4W, 5W, 6W and 13W have been constructed and developed; however, the wells have been idle since their original construction. The open-hole interval of well 13W is known to have collapsed during testing, however, the extent of hole- collapse is unknown. Extensive development may or may not be required at each of the wells. Sand production during development will b,e monitored closely to determine the necessity for further development. The development of Wells 4W, 5W, 6W and 13W will consist of the following: · Prepare well development plan for submittal to the City and the City-selected Contractor (after bid phase). The plan will include over-pumping the wells at a rate of 3,000 to 5,000 gallons per minute (gpm). · Provide resident observation services during well development. Resident observation services are estimated at 8 hours during the first day of development at each well and 2 hours per day following the first day of well development if additional development is deemed necessary. For budget purposes, an average of 24 hours of development time per well for wells 4W, 5W, and 6W is estimated. Well 13W is estimated to require approximately 60 hours of development time. · If, during development, it is determined that any of the wells are sand producers, an additional 24 hours per well of development time and/or the design of sand separators will be considered. 4 4.3 Raw Water Line Pigging and Disinfection The water lines for Wells 4W, 5W, and 6W shall be pigged to remove any sand that may be present in the line. Each of the lines and wells 4W, 5W, 6W, and 13W shall then be disinfected. The following services will be provided under this task: Provide subcontracting services for disinfecting Wells 4W, 5W, 6W, and 13W and their associated raw water lines and pigging of the raw water lines at Wells 4W, 5W, and 6W. Pigging shall be completed prior to disinfecting the lines. It is assumed that the City will provide sampling and laboratory services for well disinfection, a total of 6,000 linear feet of raw water line will undergo inspection via television survey, the City has all pigging stations needed for this task, and the lines are 12- to 24-inch. 5.0 Engineering Design Services 5.1 Wells 4W, 5W, 6W and 13W Instrumentation and Electrical Design and Pump Selection Instrumentation and pumps are needed in order to place Wells 4W, 5W, 6W and 13W into service. Design of enclosures around Wells 4W and 5W is also needed. The City also wishes to modify the wellheads of Wells lW and 12W to include an above ground cushioned check-valve. The following design services for these wells will be provided: · Facilitate pump selection/instrumentation design kick-off meeting with City staff to discuss the instrumentation, electrical and weilhead design to ensure that City requirements and preferences are included in the design. · Conduct necessary hydraulic modeling of the wellfield pumping system to size new pumps and motors for Well 4W, 5W, 6W, and 13W based on anticipated conditions with the additional system capacity provided by bringing the well on-line and aquifer performance at near-by supply wells · Design modification to Wells 4W, 5W, 6W, and 13W. Modifications to include new pumps for the four wells, wellhead piping and valving for the four wells, instrumentation and controls for the four wells, telemetry for the four wells, connection of wellhead piping to raw water main for Well 13W, metering for flow measurement, and fencing and landscape enclosure for Wells 4W ~and 5W. Wellhead design shall include the option of operating the wells via a remote generator. Specifications shall provide control scheme for construction contractor to provide programming of PLCs and control room computers. No programming will be done by Engineer. * Design minor modifications to the wellhead at Wells 1W and 12W to include an above ground cushioned check-valve at each well. 5 · Attend site visit for design purposes, estimated at 8 hours. · Provide the City with four copies of a 60 and 90 percent well instrumentation and wellhead design. · Prepare final instrumentation and control, electrical, wellhead design, and pump selection drawings and technical specifications for the instrumentation and wellhead modifications. Instrumentation specifications will have a provision to include the ability for the City to monitor static and drawdown levels within each well. Drawings and specifications (in CSI format) to consist of mechanical, electrical, and instrumentation and control. The specifications shall also include a provision to allow the City to purchase a spare well pump. 5.2 Raw Water Line for Well 13W Design, Raw Water Line Pig_~ing, Disinfection Well 13W is not currently connected to the raw water line. Accordingly, the following design services will be provided: · Provide the City with four copies of a 60% design of the raw water line for Well 13W and connection of the raw water line to the existing raw water main. · Conduct a meeting with the City to discuss the 60% design. · Incorporate City comments and develop a 90% design submittal for City comment. · Prepare final raw water line design technical specifications (in CSI format) for submittal to the City. ' 5.3 Engineer's Estimate At the 90% completion milestone, M&E will prepare an engineer's estimate of probable construction cost. 5.4 Permitting Permitting activities with the Palm Beach County Department of Health (PBCDQH), Palm Beach County DERM, and the SFWMD is anticipated. The following activities will be accomplished as part of expected penuitting requirements: · Prepare the appri)priate permit applications for the PBCDOH, PBDERM (if necessary), and SFWMD (if necessary) to allow well modifications and placing the wells in service. The wells were permitted with the South Florida Water Management District prior to construction. · Provide permitting services (i.e., respond to permitting agency requests for additional information, etc.). 5.5 M&E Internal Review As part of our quality control program, M&E will provide for internal design review at the 60% and 90% completion milestones. If desired, the City is welcome to participate in the internal reviews in addition to those reviews outlined above. 6.0 Bidding Services In this phase, M&E will provide engineering services during the bidding and award of the project for one bid package. The following tasks are anticipated: 1. Bid advertisement to be posted by the City. 2. Provide five sets of Bid Documents to the City in hard copy and electronic format for the City and DemandStar's use. 3. Issue project manuals to three plan review rooms selected by the City 4. Charge for and distribute project manuals. 5. Develop and issue one Addendum if required. 6. Conduct a pre-bid conference (tasked under 1.2) 7. Kespond to prospective bidders' written inquiries. 8. Assist the City in evaluation of bids. 9. Tabulate bids and make recommendations to City regarding award of bid. 7.0 Construction Services M&E will provide construction services outlined below for'the duration of the project through Final Completion. Services are described as follows: 7.1 Preconstruction Meeting M&E will conduct the preconstruction meeting between the City and the Contractor to assist in explaining construction administration procedures. M&E will record and provide meeting minutes. Fees are included in 1.2. 7.2 Technical Services During this phase, M&E shall employ a Resident Project Representative (RPR) to be on site for the construction duration - 6 weeks (30 working days). This proposal includes funding of a RPR for a maximum of 40 hours per week during the duration of cons/ruction. The duties to be performed by the RPR shall consist of: · observation of construction activities, · review of workmanship, 7 · monitoring the progress of construction and compliance with the intent of design, · maintaining one set of marked construction drawings reflecting field changes to aid in the preparation of' record drawings, · maintain logs of construction activity, · develop weekly reports, · attend weekly progress meetings with contractor, · assist in reviewing pay estimates, review record drawings, and · review and assist in negotiating change orders. As part of' project certification, M&E will conduct inspections as follows: · Provide observation services during instrumentation and electrical installation and wellhead modifications. Observation services will consist.'o£up to 12 site visits of :2 hours each to check on installation of equipment and attend construction meetings. · Provide part-time observation services during installation of the raw water line. Observation services are estimated at an average of 2 hours per day for an estimated 5 days. 7.3 Contractor Submittals M&E's review of required Contractor submittals will consist of the following activities: · Keview up to four sets of' shop drawings submitted by the Contractor to determine general conformance to the design concept alld the project manual. M&E will provide a written opinion on acceptance status for each set submitted. · Keview Contractor pay requests on a monthly basis and provide written recommendations. Three requests are estimated. · Review and respond to up to six requests for information (RFI) submitted in writing by the contractor. 7.4 Proposed Change Orders M&E will review up to four requests for change orders submitted by the Contractor. Review will address conformance to original design concepts and cost-effectiveness. M&E will evaluate requested price changes and time extensions for proposed change orders, prepare change order City forms, and make recommendations to the City in writing. 7.5 Substantial Completion/Final Acceptance Key members of M&E's team will conduct a final inspection for the work with the City's representatives and the Contractor and provide written recommendations to 8 the City for acceptance of the work. This task includes M&E preparation of the punchlist for distribution and final acceptance verification of punchlist item completion. 7.6 Starmp Assistance/Certifications Starmp assistance will be provided and closeout punchlist for each well will be prepared. Startup services and follow up site visits are anticipated at total 6 hours per well. Provide application and signed and sealed record drawings for final PBCHD, clearance. Applications with signed and sealed drawings for submittal to the Palm Beach County Department of Environmental Resources Management (if necessary) and the South Florida Water Management District (if necessary) shall also be provided. Basis of Estimate 1. The City has all existing pigging stations necessary for Task 4.3. 2. Laboratory analysis required for disinfection or well clearances shall be the responsibility of the City or construction contractor as defined in the specifications by the Engineer with the City's input. 3. Front end documents will be provided by the City for use in the Bid Documents. 4. All permitting fees will be paid by the City. 5. Programming services are not included in this proposal but can be added as additional services if desired by the City. 6. Engineer will prepare all drawings in AutoCAD. ' 7. City shall provide available drawings and drawings files for the West Wellfield sites. 8. The resident engineering budget is based on a 42 calendar day time frame (30 working days) for a contractor to perform the work to substantial completion. Final completion will be two weeks later. 9. Work hours for the contractor will be 40 hours per week, Monday through Friday. Additional hours worked (evenings or weekends) requiring presence of the Resident Project Representative (RPR) will be compensated with overtime rates. 10. Compensation for work in this proposal will be based on a time and materials method of payment for all phases as described in Appendix B, Section 6a of the General Agreement. 9 Proiect Schedule,, The following project schedule has been developed for the project. Schedule Time Elapsed to Task Subtask Completion_ Notice to Proceed 0 weeks Task 1 - Project Management Continuous Meetings as required Task 2 - Sand Source Study 4 weeks Task 3 - Sand Reduction Plan 6 weeks Task 4 Well Development Wells 10W and 12W 10 weeks Wells 4W, 5W, 6W, and 13W 10 weeks Pigging/Disinfection 10 weeks Task 5 - Engineering Design 60% Design Submittal 18 weeks 90 % Design Submittal 22 weeks Task 6 - Bid Phase 26 weeks Contractor NTP 28 weeks Task 7 - Construction Services Shop Drawings 32 weeks Equipment Delivery 44 weeks RPR Field Services Continuous Construction Subs~_~ntially Complete 50 weeks Startup 50 weeks Final Completion/Certifications 52 weeks The schedule assumes timely review and comment (no more than two weeks) by the City for all submittals. The schedule has accounted for two weeks for each submittal. Many of the activities are preformed simultaneously for Tasks 1 through 5. The project team will make its best efforts to further expedite the project as much as possible. Project Team. The project teani will be led by Mr. Mark Blanchard who will act as principal-in-charge. M&E's project manager will be Mr. Jay Ameno, P.E. ARCADIS will be M&E's hydrogeological services subconsultant. Subcomractors will be used for the television surveys and well development tasks. Another subcontractor will be used for pigging (if necessary). M&E proposes to perform the tasks outlined for a time and materials not to exceed sum amount of $282,559. A cost estimate is attached to present a breakdown of fees and hours per task and is attached. The cost estimate is summarized below. Task Item Labor ODCs I Subcontractor Total 1. Project $15,918 $ 488 $ 8,531 $ 24,937 Management 2. Sand Source 2,960 79 38, 157 41,196 S~.~_~y_~ 0 10,529 10,529 3. Sand Reduction 0 Plan _ 106,598 4. Well Develo~ 1,480 12 105,106 5. Desi.~__Services 10,902 423 32,620 ~ 43,945 6. Bid Services -- 2,460 129 1,722 4,311 7. Construction 34, 516 1,369 15,158 51,043 f Services ~ $282,559 Total __ $68,~23__-~-6 $2,500 $21 1,823 ~ APPROVED BY CITY OF BOYNTON BEACH, FLORIDA BY: City Manager Date: Approved as to Form: City Attorney SUBMITTED BY Metcalf & Eddy, Inc. Mark S. Blan~ce President Date: 12 V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.8 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 Februasy 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 2l, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) .: [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: A motion to approve signing of Grant Agreement between the City and the State of Florida, Department of State, Division of Library and Information Services, for the expansion project of the Boynton Beach City Library to secure the grant amount of five hundred thousand dollars ($500,000). EXPLANATION: The City Commission approved the grant application in March 2001, and the grant funding was approved by the state legislature in the budget for the state fiscal year beginning July 2002. The agreement now needs to be signed in compliance with state grant requirements. Signing the agreement encumbers the $500,000 for Boynton Beach so it will not be reassigned by the state to other purposes. Signing does not carry any sanctions or penalties, if the Commission decides later that it cannot have a construction contract awarded by the December 23, 2003 deadline. PROGRAM IMPACT: Signing the grant agreement secures the funding at the state level while we proceed with the other requirements of the grant application. A construction contract must be awarded by December 23 of this year or the funds will revert back to the state. In order to meet that deadline, the architect negotiations must commence as soon as possible so that an architect's contract can be approved at the next commission meeting. Funding for the architect is contained in this year's CIP budget. FISCAL IMPACT: The total project cost as presented in the grant application is six and a half million dollars ($6.5 M). This grant will bring halfa million dollars ($500,000) to the project. Signing the agreement now, allows us to go forward with the architectural design phase while the commission decides on how or whether it wishes to fund the remaining cost of six million dollars ($6 M). Options for funding could include the following: 1. Fund the project-with non-referendum bonds using the Public Service Tax as a means to retire the debt. The city has bonding cap'acity fol' about $11 M in projects. Current interest rates are favorable. 2. Place the project on a referendum for a bond issue. Future interest rates are unpredictable. 3. Place the project on hold, do not go forward with the design phase, and defer for a future funding decision. In a recent letter, the state advised us that this grant program "does not allow for waivers or extensions of this December 23 deadline unless there is pending litigation". We are too late for the next grant cycle as those applications were filed last year and are in the legislative budget being considered now by the state legislature. To be considered for the 2004 legislative budget, a new grant application must be filed by April 1 of this year, an impossible task in this short time fi'ame because everything must be recomputed and redesigned based on current data and current state S:\BULLETI~FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM requirements, and approved by city commission. There is also some question as to whether a new application would be accepted for a project that is currently listed as having been awarded a grant. If the commission wishes to go forward in future years with a state grant, it will probably translate into a more costly facility because of state requirements based on population growth and rising construction costs. The commission could also choose to go forward at any time without any grant. ALTERNATIVES: 1. Sign the agreement now, allow architectural phase to begin, and decide over the next few months on how to f'mance the cost. 2. Sign the agreement, decide now on how to f'mance the cost, and move forward with the project. 3. Do not sign the grant agreement and the state will reallocate the funds to another project. 4. Do not sign and work with the local legislative delegation to present legislation that would extend the deadline for receiving state construction grant funds and executing construction contracts to December 2004. ~,/ Department Head's Si~aa~/j~ X~C~ty Manager's Signature Department Name / City A~:i:i~y / 15inance / Human Resources S:LBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING EXECUTION OF A GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, FOR THE EXPANSION PROJECT OF THE BOYNTON BEACH CITY LIBRARY TO SECURE THE GRANT AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission approved this grant application in March, 2001, and the grant funding was approved by the state legislature in the budget for the fiscal year >eginning July, 2002, and this agreement needs to be executed in compliance with state grant :equirements; WHEREAS, this grant agreement secures the funding at the state level while the City ~roceeds with the other requirements of this grant application, conditioned on a construction :ontract being awarded by December 23, 2003, or the funds revert back to the state; WItEREAS, The City Commission of the City of Boynton Beach upon :ecommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize execution of this Grant Agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF YHE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, FHAT: Section 1: The City Commission of the City of Boynton Beach, Florida hereby tuthorizes execution of the Grant Agreement with Florida Department of State, Division of Library and Information Services in the amount of $ 500,000. Section 2: This Re'solution shall take effect immediately upon adoption. ;:\CA~RESO\Granta~Libraty set'cea Grant Agreement~doc PASSED AND ADOPTED THIS __ DAY OF March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Viee Mayor Commissioner Commissioner Commissioner Clerk Corporate Seal) :\CA'~ESO\Grant~ibrary Services Grant Agreement. doc Florida Department of State Division of Library and Information Services PUBLIC LIBRARY CONSTRUCTION GRANT INFORMATION GET YOUR PROJECT STARTED Sign the Grant Agreement. You have received two copies of the agreement for each project. Get the original signature of an authorized official on each copy. Get original signatures of two witnesses to the signature of the authorized official on each copy.. D~.bl~ert a4at~ mi ~~ The date will be added at the State Library. ~ Return both copies of the agreement to the State and Federal Grants Office. One copy of the agreement will be retumed to you after it has been dated and signed (executed). r~ Once the agreement has been executed, a contract for the construction must be awarded within 540 days from the date of the grant award. OTHER IMPORTANT INFORMATION Grant Award Notification. The grant award information should be kept in your official project files. This information is provided in the letter from the State Librarian and on the Notification of Grant Award. Grant Payments. Grant funds will be paid in no more than four payments on a reimbursement basis. a The first payment of 30% of the grant award will be made upon 30% completion of construction and after receipt and approval of required documents. r~ The second payment of 30% of the grant award will be made upon 60% completion of construction and after receipt and approval of required documents. a 'The third payment of 30% of the grant award will be made upon 100% completion of construction and after receipt and approval of required documents. a The fourth (final) payment of 10% of the grant award will be made upon successful completion of the construction project and after receipt and approval of required documents. The payments will be sent electronically. r~ If your governing agency has already completed the "State of Flodda Electronic Payment Authorization" form and opted to receive payments electronically, then your Public Library Construction award payments will be electronically transmitted to you. You will receive notification of electronic payment transmittal from the State Library. r~ If your governing agency is not yet set up to receive payments electronically from the state and wishes to do so, please complete and submit the enclosed 'State of Flodda Electronic Payment AUthorization" form. Otherwise, your grant checks will be mailed to you. Questions ? Need more information ? Contact the State and Federal Grants Office, State Library of Florida, 500 South Bronough Street, Tallahassee, FL 32399-0250 at (850) 245-6600, SUNCOM 205-6600, fax (850) 488-2746; or e-mail bgorin_(~rnail, dos. state, fl. us. PUBLIC LIBRARY CONSTRUCTION GRANTS NOTIFICATION OF GRANT AWARD Fiscal Year 2002-2003 Recipient: Project Start Date: City of Boynton Beach Upon execution of grant agreement 208 S. Seacrest Blvd. Boynton Beach, FL 33435 PROJECT PROJECT # CSFA # AWARD Boynton Beach City Library 03-PLC-09 45.020 $500,000 TERMS AND CONDITIONS: The project may not begin before the grant agreement has been executed. · The final plans and specifications must be approved by the Division before the project is placed out on bid. · A contract for the construction must be awarded within 540 days from the date of the grant award, which is December 23, 2003. State Librarian Florida Department of State, State Library of Florida R.A. Gray Building, Tailahassee, Florida 32399-0250, (850) 245-6600, SUNCOM 205.6600 PROYECT NUMBER: 03-PLC-09 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES PUBLIC LIBRARY CONSTRUCTION GRANT AGREEMENT This AGREEMENT, executed and entered into , BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter Referred to as the DIVISION, and the City of Boynton Beach, hereinafter referred to as the GRANTEE. the PROJECT: Boynton Beach City Library the GRANT AMOUNT: Five hundred thousand dollars ($500,000) Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of L~rary and Information Sea'vices, 500 South Bronough S~xeet, Tallahassee, Florida 32399-0250, for the State, and to the Boynton Beach City Library, 208 S. Seacrest Blvd., Boynton Beach, FL, 33435, for the GR_A.NTEE. Ia the event ora change of address, it is the obligation of the moving party to notify the other party ia wri~nE of the change of address. The DIVISION, as admini.qtrator of state funds provided under Section 257.191, Florida Statutes, has approved an application for public h'brary construction funds submitted by the GRANTEE, which application is by reference hereto made a part of this agreement. The GRANTEE, acting under the authority vested in it for the establishment and maintenance of a free public h'brary, has applied for consmaction funds. The DIVISION and the GRANTEE are willing to cooperate for the implementation of a public hbrary construction project The parties hereto agree as follows: I. The GRANTEE agrees: A. To provide sufficient, eliglble and unencumbered funds to be used for public hbrary consmu:tion- B. To provide an approved site and building plans and specifications prepared by a licensed architect. Submit the final drawings and specifications to the DIVISION for review prior to the award of a consmaction contract. Award a conslruction contract within 540 days from the date of the grant award C. To provide and maintain competent and adequate engineering or architectural supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the DIVISION. D. To expend all grant funds received under this agreement solely for the proposes for which they were authorized and appropriated. Expenditures from grant funds shall not be made for general operating expenses such as salaries, travel, personnel, or office supplies. Grant funds will not be used for lobbying the Legislature, the judicial branch or any state agency. E. To submit changes in the consmaction contract to the DIVISION for approval if they: 1. alter the approved building floor space or space relationships; 2. alter the approved function or services of any part of a facility; 3. change the location, size, or quantity of any approved fixed equipment; Page 1 of 5 Revised 06/14/02 3. change the location, size, or quantity of any approved fixed equipment; 4. transfer funds from the approved equipment budget to the consmaction budget, or vice versa; 5. affect design life safety features of the facility or requirements for elimination of architectural barriers for the handicapped. F. To include in the construction contract provisions for a Performance and Payment Bond and other financial assurances as to the contractor's ability to comply with said contract provisions, pmsuant to Section 255.05, Florida Statutes. G. To establish and maintain a proper accounting system in accordance with generally accepted accounting principles. H. To provide the DMSION, through any authorized representative, access to the site and access to and the right to' examine all records, books, papers, or other documents related to the PROJECT. I. To notify the DMSION of the date and time of final inspection in order to afford DMSION participation in such inspection for purpose of concumag m the final acceptance of the building. J. To provide, without discrimination, free use of the h]0rary services to all residents of the area served. K. That it will not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, creed, color, handicap, national or/~n; or sex. The GRANTEE shall inaen a similar provision in all subcontracts for services by this agreement: L. To comply with the Executive Order 11988, Flood Plato Management. M. To comply with the provisions of Section 257.191, Florida Statutes, and the regulations implementing the law, including Sections 553.501-553.513, Florida Statutes, relating to accessibility by pemons with disabilities, and the Americans with Disabilities Act of 1990. N. To the use of the building exclusively for the pubhc h'brary purposes for which constructed or altered. A change in its use must be approved by the DMSION. O. In the event that the GRANTEE expends a total amount of State awyds (i.e., State fivancial assistance provided to the GRANTEE to carry out a State project) extual to or in excess of $300,000 in any fiscal year of such GRANTEE, the GRANTEE must have a State single or project-specific audit for such fiscal year m accordance with Section 215.97, F/orida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. In deter~inin~ the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the DMSION, except that State awards received by a nonstate entity for Federal program matching requiring shall be excluded from consideration In connection with the audit requirements addressed m the paragraph above, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. Tim includes submission of a reporting package as defined by Section 215.97(7)(0, Florida Statutes, and Chapter 10.600, Rules of the Auditor General If the (iRAIqTEE expends less than $300,000 in State awards m its fiscal year, an audit conducted in accordince with the provisions of Section 215.97, F/or/da Statutes, is not required. In the event that the GRANTEE expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted m accordance with the provisions of Section 215.97, F/or~a Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). Page 2 of 5 Revised0~13~2 Thc DMSION agrees to: A. Provide funds, in accordance with the terms of this agreement and to the extent that the appropriation for this project is released to the DMSION for the PROJECT. Should the GRANTEE fail to expend the amount of local funds certified in the application, the DMSION will match the local funds on a dollar for dollar basis to a maximum of the grant award. B. Make payments according to the schedule contained in the Library Cons~'uction GuideLines and Application packet, subject to any special conditions stipulated by the Office of the Comptroller, State of Florida. C.Conduct a periodic check of the PROJECT, including participation in the final inspection, when feasible. The GRANTEE and the DMSION mutually agree that: A. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communication, representation, or agreement, either verbal or written between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. B. The agreement is executed and entered into ia the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligatiom hereunder in accordance with the terms and conditions of this agreem~at_ C. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term of provision shall be deemed swick~n. D. The DMSION shall demand the return of monies delivered and withhold subsequent payments if violations occur which disqualL6/the project from the gram under which they were provided, if monies were improperly exp~nded or managed or if records of proper expenditure are not prepared, preserved or surrendered as required by this agreement. E. No delay or omission to exercise any right, power or remedy ac, cruin~g to either party upon breach or default by either party under this agree.~mcnt, shall impair any such right, power or remedy of either party; nor shall such delay or omission be cona~na~ as a waiver of any such breach or default, or any s'm~ilar breach or default_ F. This agreement shall be t~,a~nated by the DMSION because of failure of the GRANTEE to fhlfill its obligations under this agreement in a timely and sa~factory manner unless the GRA~YEE demonstrates good cause as to why it ca,not fult~ll its obligations. Satisfaction of obligations by the GRANTEE shall be determined by the DMSION based on the terms and couditionz imposed on the GRANTEE in this agreement and compliance with the program guidelines. The DMSION shall provide the GRANTEE a written notice of default letter. GRANTEE shall have 15 calendar days to cure the default. If the default is not cured by the GRANTEE within the stated period, the DIVISION shall terminate this agreement, unless the GRANTEE demonmates good cause as to why it ca,-ot cure the default within the prescn30ed time period. For pu~x~ea of thi~ agreement, "good cause" ia defined aa ciro~m~tances beyond the GRANTEE'S control: In the event of termination of this agreement, the GRAI'4TEE will be compensa~ for any work satizfa~torily completed prior to the notification of termination. G. The DMSION shall cancel this Agreement in the event that the GRANTEE refuses to allow public access to all ducumc-nta or oii~-r materialz subject to the provisionz of Chapter 119, F/or/da Statutes, and made or received by the GRANTEE. Page 3 of 5 Revised 06/13/02 H. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the legislature. In the event that the state funds on which this agreement is dependent ate withdrawn, this agreement is terminated and the state has no further liability to the GRANTEE, beyond that already incurred by the termination date. In the event of a state revenue shortfall, the grant will be reduced in accordtmce with Section 257.195, Florida Statutes. I. Bills for fees and services must be maintained in detail sufficient for a proper preaudit and postaudit thereof. J. Unless authorized by law and agreed to in writing by the DMSION, the DMSION shall not be liable to pay attorney fees, interest or the cost of collection. K. The DMSION shall not assume any liability for the acts, omissions to act or negligence of the GRANTEE, its agents, servants or employees; nor shall the GRANTEE exclude liability for its own acts, omissiom to act or negligenc~ to the DMSION. In addition, the GRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the GKANTEE. L. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to indemnify and hold the DWISION harmless from and against any and all claims, or demands for darmges of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities p~fformed under this agreement and shall investigate all claim~ at its own expense. M. The GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the Project. The GRANTEE may subcontract as necessary to perform the services set forth in this agreement, including entering into subcon~a-acts with vendors for services and commodities, PROVIDED THAT such subcontract has been approved by the DIVISION prior to its execution, and PROVIDED THAT it is understood by the GRANTEE that the DMSION shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the Subcontractor for all expenses and liabilities recurred under the subcontract. N. Neither the State nor any agency or subdivision of the State waives any defeme of sovereign immunity, or increases the limits of its liability, upon entering into a con,actual relatiomhip. O. The GRANTEE, its officers, agents and employees, in performance of this agreement shall act in the capacity of an independent con~a-actor and not as an officer, emplo),ee or agent of the DMSION. GRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits and any other fights or privileges connected with employment in the State Career Service. GRANTEE agrees to take such steps as maybe necessary to ensure that each subcontractor of the GRANTEE will be deemed to be an independent contractor and will not be comidered or permitted to be an agent, servant, joint venturer, or parmer of the DIVISION. P. The GRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations under tl~ agreement without prior written consent of the DIVISION, which consent shall not be umeasonably withheld. The agreemem transferee must demonstrate compliance with the requiremen~ of the program. If the DMSION approves a transfer of the GRANTEE'S obligations,. the GRANTEE remaim responsible for all work performed and all expenses incurred in connection with the agreement- In the event the Legislature transfers the right-~, duties, and obligations of the DIVISION to mother government entity pursuant to section 20.06, F/or/da Statute. v, or otherwise, the fight, duti~, and obligatiom under this agreement shall also be transferred to the successor government entity aa if it were an original party to the agreemem. Q.- ~ agreement shall bind the successors, assigns and legal representatives of the GRANTEE and of any legal entity that succeeds to the obligation of the DMSION. R. The term of this agreement will commence on the date of execution of the agreement. Page 4 of 5 Kcviscd 06/13102 THE GRANTEE THE DMSION Signature of Authorized Official Barratt Wilkim, Director Division of Library and Information Services Department of State, State of Florida Typed Name and Title of Authorized Official Wimess Wimess Wimess Wimes~ Page 5 of 5 Revised 6/13/02 FLORIDA DEPARTMENT OF STATE Ken Detzner Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES February 4, 2003 Virginia K. Farace, Director Boynton Beach City Library 208 S. Seacrest Boulevard Boynton Beach, Florida 33435 Project Number: 03-PLC-09 Project: Boynton Beach City Library Dear Virginia: This is a reminder that the grant agreement for the above construction project has not been signed by the city and returned to the Division. Before the project can be placed out for bid, the grant agreement must be executed or signed by all parties. Please provide us with a status of the agreement. This is also a reminder that a construction contract must be awarded by the grantee within 540 days from the date of the grant award. The grant was awarded on July 1, 2002. Therefore, the construction contract must be awarded by December 23, 2003. If the December 23rd deadline is not met, the city will lose the $500,000 in grant funds and the funds will revert back to the state. The program does not allow for waivers or extensions of this deadline unless there is pending litigation. If you have questions or require further assistance, please feel free to call me at (850) 245-6620. Sincerely, Madan A. Deeney ~' Library Program Administrator MAD/cc CISTATE LIBRARY OF FLORIDA lEA. Gray Building * Tallahassee, Florida 32399-0250 · (850) 245-6600 FAX: (850) 488-2746 · TDD: (850) 922-4085 · http.dlwww.dos.ltate, fl.us CILEOISLATIVE LIBRARY SERVICE CI RECORDS MANAGEMENT SERVICES CIFLORIDA STATE ARCHIVES (850) 488-2812 · FAX: (850) 488-9879 (8:50) 487-2180e FAX: (850) 413-7224 (850) 245-6'/00e FAX: (850) 488-4894 ~IVISIONS OF FLORIDA DEPARTMENT OF STATE ~ MEMBER OF THE FLORIDA CABINET Office of the Secretary. ~ State Board of Education Office of International Relations Trust,_,-es of the Internal Improvement Trust Fund Division of Elections Administration Commission Division of Corporations Florida Land and Water Ad udkatorv Commission Siting Board Division of Cultural Affairs Division of Bond Finance Division of Historical Resources Department o[~ Revenue Division of Library. and Information Servio.-~ -; Department of Law Enforcement Division ol Licensing Department ot Highwa? Safety and Motor Vehicles Division of Administrative Ser,-iccs FLORIDA DEPARTMENT OF STATE Department of Vet ..... ' Affair~ Katherine Harris Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES July 1, 2002 Virginia Farace, Director Boynton Beach City Library 208 S. Seacrest Boulevard Boynton Beach, FL 33435 Subject: Public Library Construction Grant Awards - FY2002-2003 Project: Boynton Beach City Library Dear Ms. Farace: The Division of Library and Information Services has been advised of a State General Revenue appropriation for Public Library Construction Grants for FY2002-2003. I am pleased to advise you that the project identified above was funded. The Public Library Construction Grant Information sheet contains important information that you need to know about your grant. Also, check for any grant requirements that may be included under "Terms and Conditions"-on the Notification of Grant Award. Please contact Bob Gorin in the State and Federal Grants Office for assistance if you have any questions or need more information. Sincerely, "~_.B, ffrratt Wilkins State Librarian BW/md Enclosures ~ STATE LIBRARY OF FLORIDA R.A. Gray Building · Tallahassee, Florida 32399-0250 · (850) 245-6600 FAX: (850) 488-2746 · TDD: (850) 922-4085 · http://www.dos.state.fl.us rD LEGISLATIVE LIBRARY SERVICE rD RECORDS MANAGEMENT SERVICES rD FLORIDA STATE ARCHIVES (850) 488-2812 · FAX: (850) 488-9879 (850) 487-2180 · FAX: (850) 488-1388 (850) 245-6700 · FAX: (850) 4884894 V.-CONSENT AGENDA CITY OF BOYNTON BEACI' ITEH C.9 AGENDA ITEM REQUEST FO! Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetinq Turned in to City Clerk's Commission MeetinR Dates Turned in to City Clerk's Office Dates Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (N~_~.'.~n) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon~, -.. [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business co AGENDAITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: That the Commission approves Resolution R03- to oppose the governor's proposed fiscal year 2003/2004 budget that eliminates the State Housing Trust Fund and reduces by approximately $94.5 million the funds available for affordable housing. EXPLANATION: The Florida Housing Coalition (Exhibit "A"), which regulates the receipt of the states documentary stamp income for disbursement in the form of State Housing InitiatiOes Partnership (SHIP) Program grant funding, has asked that counties and cities throughout Florida pass this resolution (Exhibit "B") to make State Legislature aware of the fact that these dollars are needed to assist citizens with obtaining affordable housing. PROGRAM IMPACT: The loss of $4,816,088 (Exhibit "C") to Palm Beach County. Palm Beach County retains approximately 80% of the total allocation, with the remainder distributed to the 4 entitlement cities. FISCAL IMPACT: The City Of Boynton Beach currently receives approximately $600,000 per year and funds its First Time Homebuyer program with these funds. In addition, it allocates dollars to the Home Improvement Program, which assists homeowners with needed repairs relating to code, health, and safety issues. This program is also funded through Community Development Block Grant dollars received from HUD. ALTERNATIVES:/~~~--~-'~'~° adopt this resolution, r.~~~~ Departn%~'nt I-('(~ad'~ Signature. ' CTty-Manager's Signature Community Improvement Division Department Name ~f- City Attor~/~/Pinance/Human Resources RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, OPPOSING THE PORTION OF GOVERNOR BUSH'S PROPOSED FISCAL YEAR 2003-2004 BUDGET THAT ELIMINATES THE STATE HOUSING TRUST FUND AND THE LOCAL GOVERNMENT HOUSING TRUST FUND AS DEDICATED FUNDING SOURCES, AND REDUCES BY APPROXIMATELY $94.5 MILLION THE FUNDS AVAILABLE FOR AFFORDABLE HOUSING PROGRAMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Of Boynton Beach has an obligation to provide for the housing needs of its current and anticipated populations and assisting lower income families is dependent upon sufficient housing assistance from federal and state programs; and WHEREAS, Governor Bush has released his proposed Fiscal Year 2003-2004 Budget that iuliminates the State Housing Trust Fund (providing the majority of the funds for programs ch as the State Apartment Incentive Loan (SAIL) and the Local Government Housing rust Fund (providing the majority of the funds for programs such as the State Housing Parmership Initiatives Program (SHIP) as dedicated funding sources, and reduces by approximately $94.5 million the funds available for these and other affordable housing ~rograms; and i~gtlEREAS, appropriations for housing programs are proposed fi'om general revenue; however, such appropriations are approximately $94.5 million less than ~e amount that be available from the dedicated revenue in the trust funds; and under the proposed budget SHIP would lose approximately $62.7 million and state programs (SAIL and others) would lose approximately $31.8 million; and if the Governor's proposal is approved by the Legislature, the dedicated source for affordable housing will be eliminated; and the William E. Sadowski Affordable Housing Act of 1992 deliberately used the stamp tax as its revenue source because of its nexus with the development of de housing and because the source of funding needed to be a growth vehicle to keep )ace with escalating land and housing costs; and without a trust fund that can rely on a dedicated revenue source, housing will be uncertain and will likely remain stagnant or decrease; and -~e trust funds should not be eliminated or reduced, because they are used to rate the economy and to serve first time homebuyers, working families, the elderly, with disabilities, and the homeless; and because over 700,000 of Florida's low income families are in immediate need )f affordable housing (paying over 50% of their total household income for shelter), Florida more affordable housing funding, not less funds from an uncertain source; and k \CA~F. SO~-gislative ^ctiom~.~olmio~HlY - Oplx~ition to 200] I~d~l.dm WHEREAS, the estimated loss in SHIP funding for FY 2003-2004 to the City of Boynton Beach is $613,833.00; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: ;ection 1. That the foregoing clauses are ratified and confirmed as being tree and correct and are made a specific part of this Resolution. Section 2. That the City of Boynton Beach opposes the portion of Governor Bush's proposed Fiscal Year 2003-2004 Budget that eliminates the State and Local Government Housing Trust Funds as dedicated funding sources, and reduces by approximately $94.5 million the funds available for these and other affordable housing programs. Section 3. That the City Commission of Boynton Beach urges the Governor and the State Legislators to retain the State and Local Housing Trust Funds and appropriate funding at their full current levels. Section 4. That the City Clerk is hereby directed to forward a copy of this Resolution to the Florida Housing Coalition, 1367 East Lafayette Street, Suite C, Tallahassee, FL 32301. .ection 5. That this Resolution shall take effect immediately upon adoption hereof. ?ASSED AND ADOPTED this 18th day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk g:\CAXRF~$O~,gisl~i,m Actiom~lt~solu~.io~HII* . Ol~ifio~ to 2003 EXHIBIT "A" Housing News & Member Update February 28, 2003 I Coming Up Published by the Coalition for its Members March 5, 2003 Model Housing Resolution for Sadowski Trust Fund FHC Catalyst Workshop A number of cities and counties have been adopting resolutions in favor of preserving the state "Flexible Funding and local housing trust fund. Localities that have passed or are pending passage of Sources -Looking resolutions include Sumter County, Lee County, St. Johns County and the City of Miramar Outside of Traditional among others. Many have asked for a sample model resolution to do the same. Attached to Subsides" Orlando this member update is a model resolution you can use to draft your own. Make any changes to City Hall individualize the resolution but be sure the main point is opposition to eliminate the trust fund. For information call When the resolution is passed, please forward a copy to the Coalition so we can include in 800-677-4548 future correspondence to the Legislature. Keep up the good work in getting out the trust fund message to your legislators. We will continue member updates as bills are filed once the March 12-15, 2003 Legislative Session begins next Tuesday. National Community Reinvestment Coalition Support for the National Housing Trust Fund (NCRC) Annual Legislation to create the National Housing Trust Fund is about to be introduced in the U.S. Conference Capitol Hill House of Representatives. Please urge your Representative to be an odginal co-sponsor of Washington, DC the new legislation. Your representative has received information from other Representatives For more information visit urging them to co-sponsor the bill but they need to here from you. The deadline for signing on www.ncrc.or.q as an original co-sponsor is March 4~. For more information or to get your Representatives' contact information visit http://www.nhtf, or,q March 19, 2003 FHC Catalyst Workshop Raising the Roof: Home Buying Strategies for the 21't Century "Section 8 Vouchers for The Congressional Black Caucus Foundation, in conjunction with Congresswomen Comne Homeownership" Brown is hosting the Southeast Housing Summit March 28-29. The event will be at the Expo Orlando City Hall Center at the Orlando Centroplex, in Orlando. The Housing Summit will focus on policy For information call frameworks, philosophical constructs, and financial alternatives that can open the doors to 800-677-4548 homeownership. For more information call LaWand Kerns at (202) 263-2831 or CBCF (800)784-2577. March 25, 2003 · FHC Catalyst Workshop OMB Evaluates HUD Programs "Affordable Housing The Office of Management and Budget (OMB) conducted Performance and Management Design" Tampa Assessments on six HUD programs: Housing Vouchers, Project-Based Rental Assistance, the For information call HOME Investment Partnerships Program, the Native Amedcan Housing Block Grant program, 800-677-4548 Housing for the Eldedy (Section 202) and Housing for Persons with Disabilities (Section 811 ). OMB found the voucher program moderately effective, Project-Based Rental Assistance April 4, 2003 ineffective, and the impact of the Section 202 and 811 programs not demonstrated. In FHC Catalyst Workshop comparing the Section 202 and.811 programs and project-based rental assistance with other 'Overcoming NIMBYism' programs, the OMB evaluation in all three cases points to vouchers as a better form of housing Tampa Hilton Garden Inn assistance. OMB's summary of its evaluation of vouchers asserts that the proposed block- For more information call granting of vOucher funds to the states would improve that program by increasing utilization, 800-677-4548 encouraging coordination with Temporary Assistance to Needy Families, and lessening HUD's administrative burden. OMB also found the HOME program moderately effective. In determining whether HOME addresses a specific interest, problem or need, OMB justified the value of the HOME on the findings of the Millennial Housing Commission that them is a gap between demand and supply for housing affordable for Iow income people. In giving evidence for its determination that the HOME program compares favorably to other housing programs, Florida Housing Coalition OMB noted that HOME demonstrates deep targeting of funds, with 41% of HOME units 1367 E. Lafayette Street Suite C, Tallahassee, occupied by extremely Iow income families. Flodda 32301 Phone: 850-878-4219 Correction Fax: 850-942-6312 The February 21~t Member Update had two errors in describing the Omnibus Appropriations Email: info(~flhousing.org Bill. The Section 8 program was funded at $251 million, not $259 million. The HOME program Web: www.flhousin[l.org was funded at $2 billion. EXHIBIT "B" RESOLUTION NO. R03- A RESOLUTI~ON OF THE CTrY COMMISS:[ON OF BOYNTON BEACH, FLOI~DA, OPPOSING THE PORT]:ON OF GOVERNOR BUSH'S PROPOSED F?SCAL YEAR 2003-2004 BUDGET THAT EL]:M:[NATES THE STATE HOUSZNG TRUST FUND AND THE LOCAL GOVERNMENT HOUS:[NG TRUST FUND AS DEDi[CATED FUNDI~NG SOURCES, AND REDUCES BY APPROXZMATELY $94.5 t4ZLLZON THE FUNDS AVAZLABLE FOR AFFORDABLE HOUSING PROGRAMS; AND PROVZDING FOR AN EFFECTZVE DATE. WHEREAS, the City Of Boynton Beach has an obligation to provide for the housing needs of its current and anticipated populations and assisting lower income families is dependent upon sufficient housing assistance from federal and state programs; and WHEREAS, Governor Bush has released his proposed Fiscal Year 2003-2004 Budget that eliminates the State Housing Trust Fund (providing the majority of the funds for programs such as the State Apartment :Incentive Loan (SA]:L) and the Local Government Housing Trust Fund (providing the majority of the funds for programs such as the State Housing Partnership l~nitiatives Program (SIll:P) as dedicated funding sources, and reduces by approximately $94.5 million the funds available for these and other affordable housing programs; and WHEREAS, appropriations for housing programs are proposed from general revenue; however, such appropriations are approximately $c~4.5 million less than the amount that would be available from the dedicated revenue in the trust funds; and WHEREAS, under the proposed budget SH]:P would lose approximately $62.7 million and the state programs (SA]:L and others) would lose approximately $3]..8 million; and WHEREAS, if the Governor's proposal is approved by the Legislature, the dedicated revenue source for affordable housing will be eliminated; and WHEREAS, the William E. Sadowski Affordable Housing Act of 1992 deliberately used the documentary stamp tax as its revenue source because of its nexus with the development of affordable housing and because the source of funding needed to be a growth vehicle to keep pace with escalating land and housing costs; and WHEREAS, without a trust fund that can rely on a dedicated revenue source, housing funding will be uncertain and will likely remain stagnant or decrease; and WHEREAS, the trust funds should not be eliminated or reduced, because they are used to stimulate the economy and to serve first time homebuyers, working families, the elderly, persons with disabilities, and the homeless; and WHEREAS, because over 700,000 of Florida's Iow income families are in immediate need of affordable housing (paying over 50% of their total household income for shelter), Florida needs more affordable housing funding, not less funds from an uncertain source; and WHEREAS, the estimated loss in SH]:P funding for FY 2003-2004 to the City of Boynton Beach is $6].3,833.00; and NOW~ THEREFORE~ BE 1'1' RESOLVED BY THE CZTY CObtI~IZSSZON OF BOYNTON BEACH, FLORZDA, AS FOLLOWS: Section 1. That the foregoing clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. That the City of Boynton Beach opposes the portion of Governor Bush's proposed Fiscal Year 2003-2004 Budget that eliminates the State and Local Government Housing Trust Funds as dedicated funding sources, and reduces by approximately $94.5 million the funds available for these and other affordable housing programs. Section 3. That the City Commission of Boynton Beach urges the Governor and the State Legislators to retain the State and Local Housing Trust Funds and appropriate funding at their full current levels. eSx:dionThat the Commission is authorized to do all things necessary and/~ 4. City lent to carry out the provisions of this Resolution. Section 5. That this Resolution shall take effect immediately upon adoption hereof. PASSED AND ADOPTED this 18th day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk EXHIBIT "C" V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.10 AGENDA ITEM REQUEST FOR ,, Reque~.ed City Commlaaioo Da~ Final Form Mua~ b~ Turned ~ C~ C~-~.l~im ~ F~ F~ M~ ~ T~ ~ M~ D~ ~ ~ C~ C~'~ ~ M~ ~ ~ C~ Cl~'s ~ ~ ~3,2~2 Nov~lS, 2~ ~) ~ F~4,2~3 J~21,2~3~) ~ J~7,2~3 ~16,2~2~) ~ M~4,2~3 F~lS, 2~3~) ~ J~ 21, 2~3 J~ 6, 2~3 ~) ~ ~ 18,. 2~3 ~ 3, 2~3 ~) ~A~O~ ~ ~o~m ~ N~B~ ~ ' ~ AGE~A~M ~ CiFMsnsg~'s~a ~ ~n~fi~ ~ ~ ~CO~~A~ON: = Motion to approve Change Order No. 3, Revision 1 in the amount of $71,373.09 for the Seacrest Estates Water Main Replacement and Swale Improvements Project with Megan South, Inc. and authorization to execute by Resolution. EXPLANATION: The contract price consisted of three (3) components: Section A for the residential water main replacement, Section B for swale improvements and Section C for the Seacrest Boulevard water main replacement. Section C was comprised of a base bid (for traditional open cut installation) and two (2) alternates. The f'wst alternate (Alternate #1) was for water main replacement using the "pipe bursting" method. The second alternate (Alternate #2) was for water main replacement using the "directional drilling" method. In conjunction with CH2M Hill, the City's design professional for this project, the Utilities Department felt that implementing Alternate #2 was in the best interest of the City. Once we began the directional drilling operations, we discovered that the process was being negatively impacted by several factors including soil conditions and existing underground utilities (CBB utilities, Bell South, FP&L and others). Together with CH2M Hill, we directed our contractor to conduct the directional drill operations at a depth greater than had been anticipated. Additionally, at certain points along the pipe lay corridor, we had to direct our contractor to directional drill under portions of Seacrest Boulevard in order to avoid existing underground utilities. $:~BUI.I.£TIN~ORMb~AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM By going deeper and expanding the pipe lay corridor, the project incurred additional costs for labor, extended work days, and maintenance of traffic. The negotiated amount of these additional costs is $46,000.00. This amount was reviewed by both the City and CH2M Hill and was considered to be fair and reasonable. PROGRAM IMPACT: After selecting bid Alternate #2 and having our contractor procure the pipe material (HDPE vs. DIP) and mobilizing a directional drilling subcontractor, it was imperative that we continue the project, maintain our schedule and manage costs. FISCAL IMPACT: The funding limit, as approved by the Commission on December 18, 2001 was $926,652.00. All physical work and all Substantial Completion punchlist items are complete. At this time, the contractor is preparing the project closeout documents, including their final Application For Payment. Our total payout (total payments + retention + Change Order No. 3, R1) will be $897,361.70; or $29,290.30 (3.16%) under the Commission approved funding limit. Funds are available in the following accounts: Renewal and Replacement/Water WTR0$4 401-5000-590-96-02 Renewal and Replacement/Stormwater STM009 401-5000-590-96-07 ALTERNATIVES: There were/are no alternatives. ~ City Manager's Signature Assistant City Manager Utilities Department ~~ff/~,~~ Department Name JCity/~.~orn~mce / Human Resources Attachments bc: Dale Sugermaa, Assistant City M~er Paul Fleming, Sr. Project Manager (PMT File) Bob Kenyon, Deputy Utilities Director Mark Law, Deputy Utilities Director Barb Conboy, Utilities Administration Manager S:~BUI2~TIN~ORMS~GENDA ITEM REQUF3T FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF CHANGE ORDER NO. 3, REVISION 1 BETWEEN THE CITY OF BOYNTON BEACH AND MEGAN SOUTH, INC., IN THE AMOUNT OF $71,373.09 FOR THE SEACREST ESTATES WATER MAIN REPLACEMENT AND SWALE IMPROVEMENTS PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the contract price consisted of three components: Section A for residential water main replacement, Section B for swale improvements and Section C for the Seacrest Boulevard water main replacement; and WHEREAS, this Change Order No. 3, Revision 1, relates to Section C, the Seacrest Estates Water Main Replacement and Swale Improvements and more 3articularly, the "directional drilling" operation; and WHEREAS, upon recommendation of staff, the City Commission deems it tppropriate and in the best interests of the citizens and residents of the community to & approve Change Order No. 3, Revision 1 for Megan South, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize the City Manager to execute Change Order No. 3, Revision 1, with Megan South,- Inc., in the amount of $71,373.09, for the Seacrest Estates Water Main Replacement and Swale Improvements Project. Section 2. This Resolution shall become effective immediately upon passage. S:\CA\RESO~Agreements\Task - Change Orders\Change Order - Megan Sou~ - Seacrest Estates.doc PASSED AND ADOPTED this ~ day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) 5:\CA\RESO~Agreements\Task - Change Orders\Change Order - Megan Soul~ - Seacrest Estates.doc City Of Boynton Beach Project Management Team Change Order No. 3, Revision 1 ' Distribution: Owner [] Architect [] Engineer [] Contractor [] Field [] Other [] Project · Seacrest Estates Water Main Replacement and Swale Improvements Change Order Number' 3 To: Megan South, Inc. Initiation Date: 11/14/02 Contract Date: 2/4/02 The purpose of this Change Order is to draw-down the Owner's Contingency and Testing Allowances in the amount of $71~373,09 as detailed below. Section A - Residential Area Water Mains Budget $401,922.00_ Actual $437,527.14 Difference ($35,605.14) Section B - Swale Improvements Budget $220,630.00 Actual $204,352.19 Difference $16,277.81 Section C - Seacrest Boulevard Budget $97,600.00 , Actual $94,280.00 Difference $3,320.00 Allowances Owner's Contingency I $100,000.00 TestingI $5,000.00 Page 1 of 2 OR G, iNAL Utilities Department City Of Boynton Beach Project Management Team Change Order No. 3, Revision 1 ' Section A difference ($35,605.14) , Section B difference $16,277.81 Section C difference $3,320.00 Testing Allowance difference ($640.00) CONTRACT SECTION TOTAL DIFFERENCE ($16,647.33) Application For Payment No. 7 deficit ($16,647.33) Deep Services / Connections on Seacrest ($46,000.00) Broken Sewer Lateral ($6,746.43) Seacrest Asphalt (adjustment) * ($4,008.46) SUB TOTAL DIFFERENCE ($73,402.22) Cost of Correcting Outstanding Contract Items $2,029.13 TOTAL DIFFERENCE ($71,373.09) · Total asphalt oveday is 9005 sy, Bid has 6110 sy for residential area, that leaves 2895 sy for Seacrest Boulevard (actual calculations indicate (3397 sy). Cost difference of $1.18/sy (residential vs Seacrest overlay cost) x 3397 = $4,008.46 NOT the $6,462.50 requested by MSI Owner's Contingency $100,000.00 Testing Allowance $5,000.00 Previously Approved Change Orders (No. I & 2) ($4,336.61 ) Remaining Contingency / Allowance balance $100,663.39 Change Order No. 3 Amount ($71,.,373.09) Remaining Owner's Contingency $29,290.30 Engineer Contractor Owner CH2M Hill Megan South, Inc. City of Boynton Beach Hillsboro Executive Center North 6521 Orange Dr. 100 East Boynton Beach Blvd. 800 Fairway Ddve, Suite 350 /~~h'~L 33~314/,,,,~ Boynton Beach, FL 33425 Deerfield Beach, FL 33441 / bat~: '/~, ~ Date Date / Page 2 of 2 V.-CONSENT AGENDA ITEl4 C.11 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 Februa~ 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3.2003 (Noon) [] Administrative [] Development Plans ~ : ~"'i NATURE OF [] Consent Agenda [] New Business ~ AGENDA ITEM [] Public Hearing [] Legal --" [] Bids [] Unfinished Business [] Announcement [] Presentation - [] City Manager's Report ~ RECOMMENDATION: Motion to accept Amended Letter of Credit no. 637961 from Fidelity Federal Bank and Trust in the amount of $101,597.10 as surety for the installation of water and sewer improvements for the project known as Medical Arts Professional Center EXPLANATION: The developer of this project has elected to post surety for the potable water and sanitary sewer improvements so as to expedite the providing of water and sewer service to the project. ' PROGRAM IMPACT: None FISCAL IMPACT: None Department Hea, jl's Signature City Manager's Signature UTILITIES c~~ Department Name* City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy ofattachnlents) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. (w/original letter of credit) File " S:~BULLET1NWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT FROM FIDELITY FEDERAL BANK AND TRUST (NO. 637961) IN THE AMOUNT OF $101,597.10, AS SURETY FOR THE INSTALLATION OF WATER AND SEWER IMPROVEMENTS FOR THE PROJECT KNOWN AS MEDICAL ARTS PROFESSIONAL CENTER; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, does hereby accept the above referenced Letter of Credit in the maount of $101,597.10, as surety for the installation of water and sewer improvements for :he project known as Medical Arts Professional Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ]'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby approves and accepts a Letter of Credit in the amount of $101,597.10, as surety for the installation of water and sewer improvements for the project known as Medical Arts >rofessional Center. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this~ day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ~TTEST: Commissioner 2ity Clerk ~:\CA~RESO\Letters of CreditM~ccepfing Letter of Credit - Medical Arts Professional Center. doc CITY OF BOYNTON BCH UTILITIES FAX NO. : SGiTd2G---'~i~8 Mar. 11 2003 12:27PM P4 FIDELITY FEDERAL ~',.~R, Chap. 7, An, 1, Sec. 3.A.) BANi( &.I'RUS I' CI,EAN IRREVOCABLE I.ETT}':R OF CREI)IT_ TO: City Commission of Boynton Beach c/o City Engineer, Agent for the City 100 East Boynton Beach Boulevard Boynton Beaoh, Florida 33435 RE: Our Letter of Creclit No. 637961 Building Permit No. 0200003248; A parcel land in Section 32, Township 45 South, Range 43 East, City of Boynton Beach, FI,, described as follows: The E. 460' of the W 510' of the N. 380' of the S. 420' of the NW ¼ of 32-45-43, less and except lands described in O.R. Book 5402, Page 670, public records of Palm Beach County, Florida. Date: January 16~ 200~3 Amount: USD $I01,597.]0 Expiration Date: January 16, 2004 We hereby open our Amended Clean Irrevocable Letter of Credit No. 637961 in favor of the City o£ Boynton Beach, Florida ("City") for the initial amount of one hundred one thousand five hundred ninety seven and I0/I00U.S. Dollars ($101,597.10} eft~'ctive as ofthi~ dar-., which nhmll rmma/n effective Until released by a Resolution 'adopted by the City Commission at a regular city Commission scheduled meeting. This Letter of Credit is issued pursuant to insure irtstallat'/on o£potable water and sanitary sewer utilities that will be owned by the City of Boynton Beach, serving the Medical Arts Professional Center, The initial amount of funds available under this Letter of Credit and stated about may be reduced from time to time by the Director of Utilities or tho Assistant City Manailer City Eng/neer, as the agent for the City of Boynton Beach, in accordance with the requirements of the Subdiv/sion, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations. We hereby agree that such reduction shall not be effective until we have furnished a written amendments to this Letter of Credit, Such amendment shall reference this Letter of Credit as well as the Project Name, as set out herein, and the new amount requested. Funds under this Letter of CretlJt are available to the City hereunder, not to exceed the current available amount subsequent lo any authorized reductions of this Credit against the City*s demand, by its authorized agent named above, Ibr payment to us mentioning our Letter of Credit No. Coqxititte OffI¢~.~: ZO5 Darers Street - W~st Palm lieach, FL ~1..~401 -~1679 · 1561 ) 80:~-guon ~ _.p.l~ FROM : CITY OF BOYNTON BCH UTILITIES FAX NO. : 5G17d26298 Mar. i~. 2003 When the City's demand for payment is received at 205 Damra Street, West 'Palm Beach, Florida 33401, on or prior to the Expiration Date, it will be promptly honored. This letter of credit shall be automatically r~c~ved for successive periods of one (t) year each unless the issuer of the letter of credit provides the City written notice of its intent to cancel the letter of credit. Said notice must be provided at least ninety (90) days prior to the expiration of the date of the original term or any renewed one (1) year term. Notice to the City that the letter of credit will expire prior to the performance of the obligation guaranteed by tho letter of credit shall be deemed a default and shall entitle the City to collect on the letter of credit Venue for any and all legal actions necessary to enforce thc tcrms of this Letter of Credit shall be in Palm Beach County, Florida. Kindly address all correspondence regarding this Letter of Credit to the attention of Letter of Credit Department mentioning specifically out Credit Number. FIDELITY/~~~_~FEDERAL/~/NK~ST Authorized signature; By: ~---- Name (typed) Christopher !1. rook Title Executiv.e ¥ice Pre~id~r~ ._ Except as is inconsistent with the express provisions hereof, this Letter of'Credit is subject to the Uniform Customs and Praetioes for Documentary Credits (1993 Revisions),.lntemational Chamber of Commerce Publication No. 300. FIDELITY FF..DERAL BANK & 'TRUST' V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEH D.1 AGENDA ITEM REQUEST FOR ._ Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 18, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved subject to staff comments and the additional condition to exclude selected uses either felt inappropriate for the district or to be left out allowing for furore case-by-case review when proposed. For further details pertaining to the request, see attached Depmunent of Development Memorandum No. PZ 03-046. EXPLANATION: PROJECT: Motorola PID (USAP 03-001) AGENT: R. Duke Woodson, Foley and Lardner OWNER: Maury L. Carter & Associates, Inc. LOCATION: Southeast comer of Gateway Boulevard and Congress Avenue DESCRIPTION: Request to approve a list of permitted uses for the 39 ;~acre PID. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ DevelopJnefi't~~-l~irec~r ity anager s Signature Planning and Zoning ~tor City Attorney / Finance / Human Resources S:LPlanning~SHARED\WP~PROJECTShMotomla DRBUSAP 03-001XAgenda Item Request Motorola PID (USAP 03-001 ) 3-18-03.dot SNBULLETI~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN];NG AND ZONI'NG DIV]:SI~ON MEMORANDUM NO. PZ 03-046 STAFF REPORT TO: Chairman and Members Planning and Development Board and City Commission THRU: Michael Rumpf Director of Planning & Zoning FROM: Eric Lee Johnson, A]~CP Planner DATE: February 20, 2003 PROJECT NAME/NO: Motorola PID / (USAP 03-001) REQUEST: Use Approval PRO3ECT DESCR]:PTZON Property Owner: Maury L. Carter 8, Associates Applicant/Agent: R. Duke Woodson, Foley and Lardner Location: Southeast corner of Gateway Boulevard and.Congress Avenue Existing Land Use/Zoning: Industrial (~[) / Planned Industrial Development (PID) Proposed Land Use/Zoning: N/A Proposed Use: The application includes a general list of uses that may be permitted in this PID (see Exhibit "D" - Motorola Planned Industrial Development (P~[D) Permitted Uses) Acreage: 39.3 acres Adjacent Uses: North: Gateway Boulevard right-of-way and farther north is developed commercial propert~ with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South: Undeveloped property with an l:ndustrial (I) land use designation, zoned Planned Industrial Development (PID) and farther south is the right-of-way of the Lake Worth Drainage District C-16 canal and still farther south is vacant property with a Moderate Density Residential (MoDR) land use Motorola PID Use Approval (USAP 03-001) Staff Report Memorandum No PZ-03-046 Page 2 designation, zoned Single-family Residential (RIAA); East: Undeveloped property with an Industrial (I) land use designation, zoned Planned Industrial Development (PID) and father east is the right-of-way of the Lake Worth Drainage District Equalizing (E-4) Canal and still farther east is developed property with an Industrial (I) land use designation, zoned Planned Industrial Development (PID); and West: Congress Avenue right-of-way and farther west is developed property with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). BACKGROUND Mr. R. Duke Woodson, Foley and Lardner, agent for the owner has submitted an application for use approvals in the Motorola Planned :industrial Development (PID) (see attached location map - Exhibit"A'~. The proposed list of permitted uses includes the following: Commercial/Personal Services, Warehouse, Manufacturing, Industrial, and Office (see Exhibit"D"- Motorola PID Permitted Uses). A list of approved uses was not necessary when the property was originally rezoned to PID. The Motorola Coroporation was the sole occupant of the property. The approval of permitted uses is required for all Planned l:ndustdal Developments. Similar to the Quantum Park PID and High Ridge Commerce Center PID, the original approved master plan for the Motorola PID did not include a specific list of permitted uses. A permitted us'es list for these t~o master plans were subsequenUy created incrementally in connection with the approval of new developments for each PID. In contrast, the Boynton Beach Commerce Center PID included a list of permitted uses as part of the initial master plan approval. The impetus of this request (in the Motorola PID) is based upon the recently approved changes made to the Motorola PID master plan. These changes are described in detail in the "Analysis" section of this staff report. Unlike other conventional zoning districts, the zoning code does not set forth specific uses permitted in a PID. Pursuant to Chapter 2 - Zoning, Section 7.E., in a PID, a building and its customary, ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale and retail), educational institution, adult entertainment (consistent with Section :[:~..M. of the zoning code) or industrial uses provided that such use or uses is/are approved by the Planning and Development Board. In ~approving a particular use, the Planning and Development Board must make findings that the proposed use Will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the uses proposed are consistent with the intent and purposes of the Planned Industrial Development Distri~. Motorola is a partially built-out Development of Regional Impact (DR[) comprised of 87.4-acres. The original DRI development order, in 1979, established a three-phase master plan, which was subsequently followed by a corresponding rezoning to accommodate the DRI on the zoning map. Major changes in Motorola's operation have led to the reduction of on-site activity and subsequent sale of the property to Motorola PID Use Approval (USAP 03-001) Staff Report Memorandum No PZ-03-046 Page 3 the current owner (Maury L. Carter & Associates, Inc. of Orlando). The new owners, as part of a plan to maximize use of the property, amended the DRI in December of last year to convert 825.000 square feet of industrial and office land use entitlements for the property to 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space and 128,000 square feet of warehouse space. No changes were made regarding the DR:[ phasing, commencement date or the build- out date of 20:].0. However, a PI:D of this size is not permitted to include both commercial and residential uses. Therefore, the undeveloped portions of the DRI/Master Plan (48.1 acres) were removed from the existing PI:D and are currently in the process of being rezoned to Community Commercial (C-3). The City Commission approved the Master Plan modification (MPMD 02-004) on February 4, 2003. The Master Plan now shows the Motorola site is subdivided into three distinct parcels with their associated zoning districts (PI~D and C-3). The applicant is required to address the Performance Standards listed in Chapter 2, Section 4. N of the Land Development Regulations as they relate to the proposed list of permitted uses. The purpose of the Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or humidity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The list of permitted uses is shown in the following table. Staff inserted citations and asterisks into the table so that proposed uses would be consistent and compliant with the performance standards and procedures of Chapter 2, Section 4.N and Chapter 2, Section 5.E of the Land Development Regulations respectively (see Exhibit "C" - Conditions of Approval). The applicant's responses to the l:l. performance standards are listed below: :~. Noise: No use shall be carried out on the property so as to create sound which is in violation of Section ].5-8 of the City Ordinances. 2. Vibrations: No use shall be carried out on the property so as to create inherently and recurrently generated ground vibrations, which are perceptible without instruments at any point at or beyond the property line. 3. Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be carded out on the property so as to allow the emission of any substances in violation of any federal, state, county, or c_ity law or permit governing the emission of such substances. 4. Odors and fumes: No use shall be carried out on the property so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the property. 5. Toxic or noxious matter: No use shall be carried out on the property so as to allow the emission of toxic or noxious matter in such concentration as to cause damage to property, vegetation, discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any public waters or any groundwater. Motorola PID Use Approval (USAP 03-001 ) Staff Report Memorandum No PZ-03-046 Page 4 6. Fire and Explosion: No use shall be carded out on the property so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. 7. Heat, Humidity or Glare: No use shall be carried out on the property so as produce heat, humidity or glare readily perceptible beyond the property lines. 8. Liquid Waste: No use shall be carried out on the property so as to dispose of liquid waste of any type, quantity, or manner, which is not in conformance with the provisions 0f Chapter 26 or the City of Boynton Beach Code or Ordinances, or any applicable federal, state, or county laws or permits. 9. Solid Waste: No use shall be carded out on the property so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter :~0 of the City Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of- way. 10. Electromagnetic Znterference: No use shall be carried out on the property so as to create electromagnetic radiation, which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined, by the principles and standards adopted by the :Institute of Electrical and Electronics Engineers, or the Electronic ]:ndustries Association. Furthermore, no use shall be carded out on the property so as to cause electromagnetic radiation, which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. 11. Hazardous I~laterials and Hazardous Waste: The operator of any use on the property that uses, handles, stores, or displays hazardous materials or that handles hazardous waste, as defined in 40 Code of Federal Regulations, Part 26l shall be required to obtain a permit in accordance with Section 11.3, Environmental Review Permits of the City Ordinances. Since the Motorola building was constructed years ago, it is now difficult for staff to monitor the incoming / outgoing businesses within the subject property without the active involvement and coordination among Divisions wiithin the Department of Development. l~t is the opinion of staff that the proposed list of uses (see Exhibit "D") is consistent with the intent and purpose of the Motorola PI~D. The list of permitted uses for the Motorola PI~D has been specifically tailored to the subject property due in part, to the site's close proximity to adjacent commercial centers and residential neighborhoods as well as its developed (nearly "built-out'~ characteristic. However, staff determined that four (4) of the proposed uses should not be allowed given the fact that residential uses would be allowed persuant to the latest master plan changes for the entire Development of Regional l:mpact (DRI). The following uses would not be compatible with residential uses, and therefore, should not be allowed in this PID: Stone Cutting and Finishing, Machine Shops, Seafood and Solvent Distribution Facility (see Exhibit "C" - Conditions of Approval). Staff also recommends that the floor area restrictions not apply as currently included within Chapter 2, Section 8.A.l.a.(6). Also, staff recommends that "self-service storage facilities" as shown on the list of permitted uses in Exibit "D" should be restricted to limited-access facilities only (see proposed note in bold to Exhbit Motorola PID Use Approval (USAP 03-001 ) Staff Report Memorandum No PZ-03-046 Page 5 RECOHMENDA'r~ON It is the determination by staff that the proposed list of uses (excepting the four aforementioned uses) is consistent with the intent and purpose of this Planned Industrial Development. Therefore, staff recommends that the proposed list of permitted uses for the Motorola PID be approved contingent upon meeting the conditions listed in Exhibit"C"- Conditions of Approval. Additional comments recommended by the Board or Commission will be included in Exhbit"C'. Also, if a future use is proposed but not listed as a permitted use, then that use could be reviewed again via the Use Approval process. This Use Approval process allows for newer, innovative industrial uses to be reviewed on a case by case basis, that in the past, would have been prohibited due to the traditional stigma of former heavy, dirty industrial uses. ELJ Attachments S:\Ptanning\Shamd\Wp\R'ojects\~ DR~USAP 03-O01~Staff Regoet.rtf Location Map MOTOROLA P.I.D. EXHIBIT "A" EXHIBIT "B" 42D Boynton Beach Code review shall be in writing and filed with the City Clerk provided, however, that any use or process that would within five (5) business days following issuance of the be subject to a minimum distance requirement under order. No development order shall be final until Section 8.A.2., would require an environmental expiration of the five (5) day request for review period review permit under Section 8.A.3., would require if no request for review is made, or the City conditional use approval under Section 8.A.4., or Commission's disposition of the matter if a request for would be prohibited under Section 8.A.5. shall fully review is made. comply with the provisions of those sections, where applicable. No distance requirement other than 8. The City Commission shall conduct a district setback regulations shall apply for the quasi-judicial review at a public hearing within 30 following uses: business days of the filing of the request for review. Following review, the City Commission shall: a. Manufacturing, fabrication, and processing as follows: a. Approve the Development Order, or (1) Bakery products. b. Modify the Development Order, or (2) Ice and dry ice. c. Deny the Development Order. The decision of the Commission shall be treated as f'mal at (3) Textile products, apparel, and the conclusion of the voice vote on the agenda item clothing accessories, manufactured from purchased under consideration, notwithstanding later issuance of fabric and materials, excluding spinning, weaving, a written order. The minutes of the Commission knitting, dyeing, or treating of textile mill products. meeting shall be conclusive evidence of the action of the Commission. Review of final action by the (4) Sailmaking and canvas goods, Commission shall be by Writ of Certiorari to the including retail sale of goods manufactured on Circuit Court. premises. 9. Expiration of approved plans. Approved (5) l_~ather cutting and stamping; Master Site Plans as described herein shall remain valid fabricated leather products. indefinitely. Approved Technical Site Plans shall remain valid for a period of two (2) years pursuant to (6) Furniture, cabinets, and wood the terms listed in Chapter 4, Section 5. fixtures, with gross floor area of shop not greater than (Ord. No. 96-51, 8 4, 1-21-97; Ord. No. 00-03, 88 1, two thousand (2,000) square feet. 2, 3-21-00; Ord. No. 00-52, 8 1, 10-17-00; Ord. No. 02-017, 8 1, 4-16-02; Ord. No. 02-033, 88 3, 4, (7) Blind, shutter, shade, and 8-20-02) awning fabrication from wood, plastic, fabric, canvas, or finished metal pieces. Sec. 8. M-1 industrial district regulations and use (8) Converted paper and provisions, paperboard products, limited to cutting, stamping, folding, laminating, lining, coating, and treating of A. M-I INDUSTRIAL DISTRICT. purchased paper, paperboard, foil, sheet, or film - materials. 1. Permitted uses, no distance requirement. Within any M-1 industrial district, no building, (9) Stonecutting and finishing. structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other (10) Statuary, ornaments, and art than one or more of the following specified uses; goods. 2002 S-18 EXHIBIT "B" Zoning 42E (11) Glass and glass products, premises, unless specifically allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. (12) Ceramic, pottery, and porcelain products, using only previously pulverized (3) Furniture and antique clay, and using kilns fired only by electricity or gas. upholstery, covering, and repairing. (13) Investment casting. (4) Steam and pressure cleaning services. (14) Machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials. (15) Electrical and electronic goods, limited to assembly of parts and materials. (16) Plastics, rubber, or fiberglass products, limited to cutting and assembly of parts and materials. (17) Precision instruments, optical equipment, photographic equipment, and clockwork devices. (18) Medical and dental equipment. (19) Household goods and other small items such as jewelry, lapidary goods, personal articles, toys, amusement devices, sporting goods, musical instruments; stationary, office, and art supplies; advertising specialties, novelties, ornaments, notions, cookware, and flatware. (20) Fruit packing and shipping. (21) Artist and craftsman shops, excluding retail display or sales on premises. b. Commercial services as follows: (I) Industrial, commercial, office and professional equipment; service, repair, and rebuilding, excluding uses specifically prohibited in Section 8.A.5. (2) Household goods; service, repair, and rebuilding, excluding display or sale of any new, used, or rebuilt merchandise at retail on 2001 515 EXHIBIT "B" Zoning 43 (5) Septic tank, sewer, and drain (2) Industrial, commercial, office, cleaning and repair services, excluding storage, professional, and business machinery, equipment, treatment, transfer, dumping, or disposal of waste on fixtures, tools, and supplies, excluding uses premises, provided that trucks used for the transport specifically prohibited in Section 8.A.5. of waste shall be parked and stored in conformance with the minimum distance requirement specified in (3) Household goods; storage, Section 8.A.2. wholesale and distribution only; retail display or sales shall be prohibited unless specifically allowed in (6) Packaging and labeling accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or services, excluding handling of materials prohibited in 8.A.4. Section 8.A.5. (4) Building materials, home (7) Lawn, garden, and tree improvement stores, lumber, door and window maintenance services; landscaping contractors, hardware, shades, shutters, blinds, and awnings; fencing, roofing, flooring, Carpeting, tile, hardware, (8) Recording and motion picture tools, paint, wallpaper, shelving, cabinets, furniture, studios, partitions, kitchen and bathroom fixtures, pools and spas, glass and mirrors, plumbing and electrical (9) Catering and food services, supplies, and the like, including retail sales. (10) Data processing services. (5) Finished concrete, brick, clay, and stone building and paving materials; sewer and (11) Research and development water pipe, and culvert; storage, distribution, laboratories, wholesale or retail sales. (12) Commercial testing (6) Pumps, generators, motors, fire protection equipment, and irrigation equipment, laboratories, including retail sales. (13) Medical and dental (7) Heating, cooling, ventilating, laboratories, refrigeration, solar energy, water conditioning and (14) Upholstery and carpet steam heating systems and equipment, and major appliances, cleaning businesses, including retail sales. (15) Towing companies with (8) Pre-fabricatedsheds, including exterior storage, retail sale. (16) Vegetation recycling as a (9) Nurseries, greenhouses, lawn conditional use to a solid waste operating and and garden equipment, tools, and supplies, including recycling facility, retail sale. c. Storage, distribution, and (10) Monuments and gravestones, wholesale uses; retail display and sales shall be including retail sales. prohibited unless specifically allowed in Sections (I1) Feed and farm supplies, 8.A.l., 8.A.2., or 8.A.3. excluding uses specifically prohibited in Section (1) Warehouses, self service 8.A.5. storage facilities (mini-warehouses) in accordance with Section 11.0 storagelockers, and cold storage, (12) Trucks, buses, farm excluding uses specifically prohibited in Section equipment, construction machinery, and utility 8.A.5. 1996 S-t EXHIBIT "B" 44 Boynton Beach Code t~ailers, including retail renting and sales, e. Any commercial use which is not specifically listed as a permitted or conditional use in '- (13) Passenger vehicles, boats and any other zoning district, and which is not listed as a pickup trucks, excluding any retail sales or display, prohibited use in the M-1 Zoning District. and excluding the keeping of vehicles in violation of Chapter 10, Article [] of the City of Boynton Beach 2. Permitted uses subject to distance Code of Ordinances. requirement. Within any M-I industrial district, no building, structure, land, or water, or any part thereof (14) Automobile, vehicle, and boat shall be erected, altered, or used, in whole or in part parts, acCessories, furnishings, and supplies; retail for any of the following uses, unless a minimum sales or display shall be prohibited as a principal use distance of three hundred (300) feet is maintained and shall be permitted only as an ac-cessory use to between the use and residential-zoned property. Said repair, service, rebuilding, or instal-lation services, distance shall be measured along a straight airline where such services lawfully exist, route from the property line of residential-zoned property to the building or portion of the lot where the (15) Mobile homes, limited to specified use is located, except that those portions of areas west of Interstate 95. the lot or structure which are located within the minimum distance may be used for lawful uses other (16) Ice and dry ice, including than the uses listed below, subject to district building retail sales, and site regulations. (17) Live fish. Any use or process that would require d. Transportation, communication, an environmental review permit under Section 8.A.3., utilities, and miscellaneous uses as follows: would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. (1) Utilities, communications shall fully comply with the provisions of those facilities, government, and public utilities shops and sections, where applicable. " storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. a. Manufacturing, fabrication, and processing as follows: (2) Package express and messenger service. (1) Plastic products, limited to forming of plastics materials, including compounding (3) Railroad switching yards, of resins. Establishment of such uses within the freight stations and terminals, storage facilities, and minimum distance requirement specified above shall shops, require an environmental review permit. (4) Recycling pick-up facilities for (2) Rubber products, limited to paper, glass, and cans from households, forming of rubber materials; excluding tire and innertube manufacturing and rubber reclaiming. (5) Trade and industrial schools. Establishment of such uses within the minimum distance requirement specified above shall require an (6) Radio0r microwave receivers environmental review permit. or transmitting towers, as aa accessory use to a lawful principal use. (3) Machine shops, welding and metalworking shops, tinsmiths, sheet metal fabrication, (7) Ambulance dispatch service, blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming (8) Community centers, operated of metals as either a principal or accessory use. by non-profit organizations, provided that no more Establishment of such uses within the minimum than 40% of the floor space is devoted to office use. distance requirement specified above shall require an (Ord. No. 96-03, § 1, 3-19-96) environmental review permit. 2000 S- 14 EXHIBIT "B" Zoning 44A b. Other uses as follows: (1) Asphalt paving, patching, roofing, and sealcoating, excluding asphalt and tar planm. 2000 S-14 EXHIBIT "B" 45 (2) Building cleaning and (1) Dairy products. janitorial services; swimming pool maintenance services. Establishment of such uses within the (2) Canned, frozen, or preserved minimum distance requirement specified above shall food. require an environmental review permit. (3) Beverages and bottling. (3) Sandblasting on premises. (4) Confectiom. (4) Bulk storage, distribution, wholesale or retail sale of topsoil, lime, gravel, (5) Prepared meat, seafood, and limerock, shellrock, coal, minerals, crushed rock, poultry products. sand, cinders, fertilizer, and the like, limited to an accessory use to a building materials store, garden (6) All other food products, not shop, nursery, contractor, or other lawful principal specifically permitted in Section 8.A. 1. or prohibited use. in Section 8.A.5. (5) Trucking and transfer, and (7) Furniture, cabinets, and wood moving operations, fixtures, with gross floor area of shop of greater than two thousand (2,000) square feet. (6) Contractors, operative builders, and trade contractors shops and storage (8) Printing, publishing, areas. Establishment of such uses within the bookbinding, engraving, and allied industries. minimum distance requirement specified above shall require an environmental review permit. (9) Pharmaceuti~s and biologic,rd products. (7) Parking or storage of trucks used for the transport of septic tank waste or other (10) Cosmetics. liquid wastes. , (11) Plastics products, lh-nited to (8) A d u I t e n t e r t a i n m e n t forming of plastics materials, including compounding establishments, in accordance with Section 11.M. of resins, where such uses would be established within the minimum distance requirement specified in 3. Uses requiring environmental review Section 8.A.2. permit. Within an M- 1 industrial district, no building, structure, land, or water, or any part thereof shall be (12) Rubber products, limited to erected, altered, or used, in whole or in part, for any forming of rubber materials, and excluding tire and of the following specified uses, unless an innertube manufacturing and rubber reclaiming, environmental review permit is secured in accordance where such uses would be established within the with the standards and procedures set forth in Section minimum distance requirement specified in Section I 1.3; provided, however, that any use or process that 8.A.2. would be subject to a minimum.distance requirement under Section 8.A.2., would require conditional use (13) Fiberglass fabrication and approval under Section 8.A.4., or would be repair, including fiberglass boat fabrication and prohibited under Section 8.A.5. shall fully comply repair. with the provisions of those sections, where applicable. (14) Machine shops, welding and metalworking shops, tinsmith, sheet metal fabrication, a. Manufacturing, fabrication, and and blacksmith shops; machining, stamping, cutting, processing as follows: joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use, where EXHIBIT "B" 46 Boynton Beach Code such uses would be established within the minimum (7) Print shops, photographic distance requirement specified in Section 8.A.2. laboratories, commercial photography; commercial art, silkscreening, lithography, typesetting, and (15) Electrical and electronic blueprinting services. goods involving processes other than assembly of parts or materials. (8) Uniform, towel, and linen supply services; industrial launderers; laundry and (16) Vehicles, transportation dry-cleaning plants, excluding retail pickup and equipment, and boats; farm and construction drop-off on premises; carpet and rug cleaning plants. machinery. (9) Tire recapping. (17) Mobile homes, provided that such uses shall be located west of Interstate 95. (10) Building cleaning and janitorial services and swimming pool maintenance (18) Plated ware manufacture; services, where such uses would be located within the industrial electroplating and anodizing as either a minimum distance requirement specified in Section principal or accessory use; replating shops. 8.A.2. (19) Chemical cleaning and c. Storage, distribution, wholesale, etching of metals, limited to an accessory use to a and other uses, retail display and sales shall be lawful principal use only. prohibited unless specifically permitted below or elsewhere in this section. b. Commercial services and contractors, as follows: (1) Petroleum and petroleum products, including solvents and liquified petroleum (1) Concrete contractors and gas; bulk or nonbulk storage, sales, or distribution. pumping service, excluding concrete plants. (2) Chemicals, pesticides, and (2) Contractors, operative herbicides, excluding bulk storage, bulk sales, or bulk builders, and trade contractors shops and storage distribution. areas, where such uses would be established within the minimum distance requirement specified in (3) Bulk ornonbulkwholesaleor Section 8.A.2. retail sale of solvents and cleaning preparations, including formulating of cleaning preparations for sale (3) Automobiles, buses, trucks, on premises. and other motor vehicles; construction and farm equipment; service, repair, rebuilding, and storage, (4) Industrial and medical gases; excluding the keeping of vehicles in violation of bottled or bulk storage, sales or distribution, Chapter 9, Article IXI, of the City of Boynton Beach excluding chlorine, fluorine, ammonia, hydrogen Code of Ordinances, and excluding automobile sulphide, sulphur dioxide, or toxic gases. service stations selling motor fuels at retail. (5) Temporary amusement parks (4) Boat storage, service, repair, and rides, fairs, carnivals, circuses, and revivals, rebuilding, and customizing, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or (5) Furniture cleaning, stripping, arterial road and the major access thereto, and that and refinishing, the duration of any such use shall not exceed fourteen (14) consecutive days within any one-year period. (6) Exterminating, fumigating, and disinfecting services, d. Miscellaneous uses, as follows: EXHIBIT "B" Zoning 47 (1) Any use which uses, handles, a. Manufacturing, fabrication, stores, or displays hazardous materials, or which processing, and extraction as follows: generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261. (1) Grain and feed products; crop processing. 4. Conditional uses. Within any M-i industrial district, no building, structure, land or (2) Vegetable fats and oils. water, or any part thereof shall be erected, altered, or used, in whole or part, for one or more of the (3) Distilling and brewing. following uses, unless a conditional use approval is secured according to the standards and procedures set (4) Seafood processing. forth in Section 11.2 of these zoning regulations; provided, however, that any use or process that (5) Slaughtering andrenderingof would be subject to a minimum distance requirement meat and poultry processing, and dressing, from under Section 8.A.2., would require an carcasses. environmental review permit under Section 8.A.3., or would be prohibited under Section 8.A.5., shall (6) Stockyards and feeding pens; fully comply with the provisions of those sections, keeping, raising, or slaughter of livestock, horses, or where applicable, poultry. a. Millwork and truss plants, (7) Rendering of animal or provided that such uses conform to the minimum marine fats, oils, and other products; use of distance requirement specified in Section 8.A.2. unprocessed bones, fat, hooves, horns, or other unprocessed animal products for the production of b. Commercial television, radio and glue, soap, lard, oils, or fertilizer. microwave broadcasting or relay towers. (8) Sugar processing and refining. c. Arenas, stadiums, front0ns, convention and exhibition halls, and racetracks, (9) Commercial production 'of provided that all such uses shall have a minimum field or tree crops. frontage of two hundred (200) feet on a collector or arterial road, and shall have the major access thereto. (10) Leather tanning, curing, finishing, and coloring; storage of raw hides or skins. d. Helistops, limited to an accessory use to a lawful principal use. (11) Tobacco processing and tobacco products manufacturing. e. Cutting of sub-primal portions of meat and pre-cut poultry into serving portions (12) Weaving, spinning, knitting, including packaging and shipping where pre-cut dyeing, or treating of textile mill products. portions (entering the facility) will not exceed 10 pounds and waste generated will not exceed 1% of (13) Pulp mills; paper and pre-cut product, paperboard mills; converted paper and paperboard products not specifically permitted in Section 5. Prohibited uses. Within any M-1 8.A. 1.a.(8) of these zoning regulations. industrial district, no building structure, land, or water, or any part thereof shall be erected, altered, or (14) Chemicals and allied products used, in whole or in part, for any use not specifically not specifically allowed elsewhere in this section. allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. of these zoning regulations, or for (15) Wood preserving, pressure any of the following expressly prohibited uses: treating, and drying. 2000 S-12 EXHI'BIT "B" 48 Boynton Beach Code (16) Fertilizer, pesticides, (31) Coal or coke fired kilns and herbicides, and agricultural chemicals, furnaces; coke ovens. (17) Explosives, ammunition, (32) Mining or quarrying, matches, and fireworks, including removal of rock, sand, muck, marl, soil, gravel, or shellrock, except as incidental or necessary (18) Petroleum refining, for construction on the premises. (19) Petroleum, asphalt, tar, and (33) Aerosol filling and packaging. coal products. (34) Liquid, oil, or chemical (20) Plastics, manufacturing of electric transformers, manufacture or rebuilding. resins, primary plastics materials, synthetic rubber, cellulose, and synthetic fibers, b. Storage, distribution, wholesale, retail, and services, as follows: (21) Rubber, manufacture of primary rubber materials, tires and innertubes, and (1) Any retail display or sale, not rubber reclaiming, specifically allowed elsewhere in this section. (22) Soaps, detergents, and (2) Farmers' markets. cleaning preparations, other than mixing or blending. (3) Flea markets, sales bazaars, (23) Paints, varnishes, lacquers, swap shops, trading posts, and the like; sale or ,.--~. enamels, and allied products, other than mixing or display of used retail merchandise, other than blending, completely rebuilt or refinished merchandise where such uses would be allowed in accordance with (24) Cement, concrete, gypsum, Section 8.A.i. lime, and plaster manufacture, and products made therefrom, other than those uses specifically (4) Crematoriums and the like. permitted in Section 8.A. 1 .a. (5) Explosives, ammunition, (25) Brick, firebrick, terra cotta, matches, and fireworks. clay pipe, structural clay tile, and refractories. (6) Bulk storage, bulk (26) Asbestos products, distribution, or bulk sale of chemicals and allied Products. (27) Processing of rock, sand, gravel, shellrock, limerock, mineral earths, and the (7) Compressed chlorine, like. fluorine, ammonia, hydrogen sulphide, sulfur dioxide, or toxic gases. (28) Primary metals manufacturing; smelting, refining, mills, furnaces, (8) Bulk storage, bulk sale, or and foundries, except as specifically allowed in bulk distribution of pesticides, herbicides, or accordance with Sections 8.A. 1., 8.A.2., 6r 8.A.3. agricultural chemicals. (29) Drop forging. (9) Offices or restaurants, except as an accessory use to a lawful principal use. (30) Chemical cleaning or etching of metals as a principal use, or any chemical (10) Agricultural fertilizing, and descaling of metals, chemical pest, disease, weed, or soil treatment services. 2000 S-12 EXHIBIT "B" Zoning 49 (I1) Truck stops or automobile 6. Building and site regulations: service stations. Minimum lot area 10,000 square feet (12) Boarding kennels; guard dog Minimum lot frontage None kennels and training services. Minimum front yard 15 feet* Minimum side yard (13) Any open storage or display, (interior) 15 feet one side unless adequately screened, except that growing plants Minimum side yard which are stored or displayed shall not require (corner) 15 feet streetside screening. Any exterior storage of motor vehicles or Minimum rear yard 20 feet** boats in a wrecked condition shall be permitted only in Maximum lot coverage 60 percent connection with a lawful principal use allowed Maximum height 45 feet, not to elsewhere in this section, and shall be adequately exceed 4 stories screened. Furthermore, the open storage of farm tractors and implements, shovels or cranes, and special *Except where rear of the lot abuts a paved alley or mobile equipment as defined by Section 316.003, street, then no side setback shall be required. Florida Statutes shall be adequately screened. **Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten c. Transportation, communication, (10) feet. utilities, and miscellaneous uses as follows: Note: Where lots abut a residential area, the (1) Chemical and toxic waste corresponding side and/or rear setback shall be a storage or disposal; tank truck cleaning, minimum of thirty (30) feet. (2) Land fill operations. All necessary roof-mounted mechanical equipment shall be sound baffled. (3) Airports, airfields, and landing strips. 7. Off-street parking. As provided in Section 11.H. hereinafter. (4) Heliports. (Ord. No. 95-23, 8 1, 8-15-95; Ord. No. 95-24, 8 4, 8-15-95; Ord. No. 96-03, 8 l, 3-19-96; Ord. No. (5) Residences and trailer parks; 00-04, 88 I, 2, 4-4-00; Ord. No. 00-34, 8 1, 7-18-00; use of vehicles or house trailers as living quarters. Ord. No. 01-57, 8 2, 11-20-01) (6) Storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or Sec. 8.5. Overlay zones. other waste materials, except as specifically allowed elsewhere in this section. A. MARTIN LUTHER KING BOULEVARD OVERLAY ZONE. (7) Recycling sorting or processing facilities. 1. General. With the completion of the Vision 20/20 Redevelopment Plan, the City identified (8) Animal disposa, l facilities, a segment of the Martin Luther King Boulevard as an area in need of redevelopment and revitalization. This (9) Incinerators of any type. section is created to implement the development and design recommendations in the Redevelopment Plan intended to create a traditional street corridor with 2002 S-18 Repl. EXHIBIT "C" Conditions of Approval Project name: Motorola PID File number: USAP 03-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Co~xuxxents: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 1. Staff recommends that the uses in Exhibit "D" - Motorola Planned Industrial X Development (PID) Permitted Uses that are identified with an asterisk be subject to the Environmental Review Permit process. Staff will have the discretion to waive the Environmental Review Permit process. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Staff recommends that the following uses be eliminated from the list of X permitted uses: Stone Cutting and Finishing, Machine Shops, Seafood and / or Solvent Distribution Facility. 3. Staff recommends that floor area restrictions should not apply to X manufacturing uses dealing with furniture, cabinets, and / or wood fixtures (Chapter 2, Section 8.A. 1.a.(6)). 4. Staff recommends restricting self-service storage facilities to limited-access X onl~q ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 5. All uses shall be permitted uses in accordance with Exhibit "D", excluding X the following uses found in Chapter 2, Section 8.A. 1.b. of the Land Development Regulations: (5) Septic tank, sewer, and drain cleaning and repair services, excluding storage, treatment, transfer, dumping, or disposal of waste on premises, provided that macks used for the transport of waste shall be parked and stored in conformance with the minimum distance requirement specified in Section 8.A.2; and (7) Lawn, garden, and tree maintenance services; landscaping contractors; and (15) Towing companies with exterior storage; and (16) Vegetation recycling as a conditional use to a solid waste operating and recycling facility. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S:\Planning\Shared\Wp\Projects\Motorola DRI\USAP 03-001\COA.doc Exhibit "D" Proposed Motorola Planned Industrial Development (PID) Permitted Uses A. COMMERCIAL / PERSONAL SERVICES pursuant to Chapter 2, Section 8.A.l.b. B. MANUFACTURING, including compounding, assembly, repair or treatment of articles or merchandise, pursuant to Chapter 2, Section 8.A. 1 .a. (Osee note below) ONo limitation on maximum floor area for Chapter 2~ Section 8.A. 1.a.(6) C. WAREHOUSE, DISTRIBUTION, WHOLESALE (Osee note below), SHOWROOM Any manufacturing category listed above, or any use listed in Chapter 2, Sections 8.A.1.c (2), (3), (4), (6), (7), (14) and (16) of the "M-1 Industrial District" Zoning Regulations, and including, but not limited to the following: Window treatment manufacturing and showroom* Fabrication of canvas and vinyl coverings* Textile manufacturing and distribution* Stone cutting and finishing* - Not recommended Glass and mirror manufacturing and distribution*_ Alarm system manufacturer and installers* Pest control services dispatch and storage*_ Tile and Carpet wholesale Furniture wholesale and distribution Artificial plants/flowers wholesale & distribution Self service storage facilities~) ~Retail sales are allowed for these Roods provided that less than 50% of the Roods sold on the premises are sold at retail. · Restricted to limited-access self. service storaRe facilities. D. OPERATIONS CENTER, requiring a mix of moderate warehouse and increased office use Satellite operations management offices for any light industrial use allowed in Section 8 of the "M-I Industrial District" Zoning Regulations Bank operations center Insurance company records storage Government operations facility Radio/television studio Motion pict[Jre anti/or music studios Nursing registries Non-profit trade organiz, ation research and record storage facilities Offices for contractors E. OFFICES Professional and business offices F. OTHER Machine shops - Not recommended Limousine storage and dispatch Auto storage and distribution (inside only - no repairs)* Research and Development laboratories G. MANUFACTURING*, including compounding, assembly, repair or treatment of articles or merchandise, pursuant to Section 8.A.3.a. H. WAREHOUSE, DISTRIBUTION, WHOLESALE, SHOWROOM* Seafood - Not recommended Solvent Distribution Facility- Not recommended Principal uses for any of the manufacturing categories listed immediately above Retail sales are allowed for these goods provided that less than 50% of the goods sold on the premises are sold at retail. *May Require Environmental Review $:\lN~nni~J\Sllarecl~WO\Pl'ojects\t,t(Yo~o~ DR/~USAP 03-O01\Ex~ll~ 0 I/st of Uses.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Motorola PID APPLICANT'S AGENT: R. Duke Woodson, Foley and Lardner AGENT'S ADDRESS: 111 North Orange Avenue, Suite 1800 Orlando, FL 32801 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18, 2003 TYPE OF RELIEF SOUGHT: Request use approval for a list of permitted uses for the Motorola PID LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue DRAWING(S): SEE EXHIBIT "B" A'I-I'ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS · HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\Shared\Wp\Projects\Motorola DRI\USAP 03-001\DO2.doc V.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D.2 AGENDA ITEM REQUEST FOR Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 CNoon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City M Rep anager's oft RECOMMENDATION: Please place this request on the March 18, 2003 City Commission Agenda Consent Agenda. The Planning and Development Board with a 7 to 0 vote, recommended that the subject requ=t~be approved. For further details pertaining to the request, see attached Department of Development Memorandurr~ No. PZ 03-043. EXPLANATION: PROJECT: Mobil, on the Run (SPTE 02-005) Woolbright and Congress AGENT: Lucas Anthony, P.E., Kimley-Hom & Associates, Inc. OWNER: Mobil Oil Corporation LOCATION: 2605 West Woolbright Road DESCRIPTION: Request for a site plan time extension of the site plan approval granted on January 2, 2002 to January 2, 2004. PROGRAM IMPACT: N/A FISCAL IMPACT: . N/A ~ ALTERNATIVES:,~_/~~' ~/A ~- Develo~nt~epkrtment-Direct}n City Manager s Signature Planmng and Zoning D/~e~or City Attorney / Finance / Human Resources S:LPlanningXSHARED\WPh°ROJECTSXMobil Woolbright & Congress 2001 2002~PTE 02-005XAgenda Item Request Mobile on the Run (SPTE 02-005) 3- 18-03.dot S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNTNG AND ZONTNG DZVTSTON MEMORANDUM NO. 03-043 TO: Chairman and Members Planning and Development Board THROUGH: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee .]ohnson, AICP ~/' Planner DATE: February 14, 2003 $1JB.1ECT: Mobil on the Run SPTE 02-005 NATURE OF REOUEST Lucas Anthony, P.E., agent for Mobil Oil Corporation is requesting a one-year time extension, for the site plan approval originally granted on January 2, 2002. The property, zoned Community Commercial (C-3), is developed with a +/- 2,415 square foot gas station. The applicant was required to receive approval for a major site plan modification due to the changes proposed to the site. Those modifications included but were not limited to the following: conversion of uses (auto-repair to convenience store), facade changes, landscaping changes, etc. :If this request for extension is approved, the expiration date of this site plan, including concurrency certification, will be extended to .lanuary 2, 2004 (see Exhibit "A"- Location Map). BA(~KGROUND On .lanuary 2, 2002, the City Commission granted site plan / conditional use approval for the Mobil on the Run gas station project. This approved project consisted of a 2,800 square foot convenience store, 12 fueling positions, and a 648 square foot carwash (see Exhibit "B" - Proposed Site Plan). The site would be redeveloped in one (1) phase. This approval was subject to staff comments and included concurrency certification for all applicable levels of service. On February 1, 2002, staff approved a minor site plan modification for an 88-square foot addition to the convenience store. The applicant has submitted for building permits, however, their issuance has been delayed to the expiration of the site plan; ANALYSZS According to Chapter 4, Sec. 5 of the Land Development Regulations," the applicant shall have one year to secure a building permit from the development department." :It states further that the City Commission may extend the approval for one year provided the applicant has filed a request for a time extension prior to the expiration of the original approval. :In this case, the applicant has met the requirement. The Planning and Zoning Division received the application for a site plan time extension, Memorandum No 03-043 Page 2 Mobil on the Run SPTE 02-005 on December 23, 2002, prior to the expiration date. Staff contacted the Palm Beach County Traffic Engineering Division to verify that traffic concurrency approval is still valid for the project. The original approval letter was dated October 2, 2001 assuming a "Build-out Year:" of 2002. The project still meets concurrency but the applicant will be required to submit a letter to the County requesting an extension of the Build-Out Year to 2004 (see Exhibit "C" - Conditions of Approval). Shortly after the City Commission approved the site plan, the applicant submitted revised drawings showing minor modifications. This minor site plan modification was approved on February 1, 2002. This demonstrates the applicant's willingness to work on the project in good faith to ultimately have the proposed plans come into fruition. Furthermore, during the year, the applicant applied for the necessary building permits. The Building Division has indicated that the permit plans have been completely reviewed and are ready to be retrieved by the applicant. However, a permit cannot be issued because the site plan expired. These two (2) reasons justify the request and need for the site plan time extension. Lastly, no amendments have occurred to the Land Development Regulations that would represent new requirements with which the subject project should comply. RECOMMENDA'DZON Staff recommends that this request for a one-year time extension of the site plan and concurrency approval be granted. This would extend the project approval to January 2, 2004. All conditions of approval that were required by the initial development order must still be satisfactorily addressed during the building permit process. ~[f the Board or City Commission provides additional comments, said conditions will be included in the attached Exhibit "C"- Conditions of Approval. Staff would not support a second extension, if so requested, due to the upcoming rewrite of the Land Development Regulations. The site plan would be required to meet all new.regulations at that time. S:\PLANNZNG~SHARED\WP~PRO.1ECTS~Calvary Chai:~eI\SPTE 02-003\SPTE-O~.-002 STAFF REPORT. DOC :, :Location Map Mobil On The Run ~×~'~'~"~" : ' ', I i~'' "/~"' 'i ~ ~ ,: - ~~ 3TH * I :1 , , "~ ~,. 7~4TH ~ ~ SITE 400 0 400 800 1200 Feet EXHIBIT "C" Conditions of Approval Project name: Mobil on the Run File number: SPTE 02-005 Reference: Site Plan Time Extension DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Applicant must submit a request to Palm Beach County Traffic Engineering X requesting an extension to the "Build-out Year" to 2004 for concurrency Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT approval. Approval must be obtained prior to issuance of a building permit. [ I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. S:\Planning\Shared\Wp\Projects\Mobil Woolbdght & Congress 2001 2002\SPTE 02-005\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mobil on the Run APPLICANT'S AGENT: Lucas Anthony, P.E. with Kimley-Horn and Associates, Inc. APPLICANT'S ADDRESS: 601 21st Street, Suite 400, Vero Beach, Florida 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18, 2003 TYPE OF RELIEF SOUGHT: Request for site plan time extension for the gas station, fueling positions, and carwash facility. LOCATION OF PROPERTY: 2605 West Woolbright Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP~PROJECTS\Mobil Woolbdght & Congress 2001 2002\SPTE 02-005~DO.doc V.-CONSENT AGENDA ITEM E.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City comrmssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 2l, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon)-~-~ -- '~ [] Administrative [] Legal r~c .r NATURE OF [] Announcement [] New Business ~:":'~ , AGENDA ITEM [] City Manager's Report [] Presentation ~ :~ ~ [] Consent Agenda [] Public Hearing ~ '~ [] Code Compliance/Legal Settlements [] Unfinished Business : ' RECOMMENDATION: Please place this request on the March 18, 2003 City Commission Agenda under Consent Agenda. The Conmxunity Redevelopment Agency Board with a 6 to 1 vote, recommended that the subject request for a lot frontage variance be approved, and the request for a side setback variance be denied. For further details pertaining to the request, see attached Department Memorandum No. PZ 03-054. EXPLANATION: , PROJECT: Holly Variance (ZNCV 03-001) AGENT: George Homrich OWNER: Janice Holly LOCATION: 133 N.E. 4t~ Avenue DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a and 5.E.2.a requiring sixty (60) foot minimum lot frontage to allow a ten (10) foot variance, resulting in a fifty (50) foot lot frontage for a single family house within a R-2 zoning dis~ct; and Request relief from Chapter 2, Zoning, Section 5.F.2.a. requiring a minimum side yard setback often (10) feet to allow for a variance of 2.5 feet and a side setbacks of 7.5 feet on each side for a single-family home within the R-2 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~Ci~ Develop~fi'e~t DeI~artnient Dire&or e Planning and Zoning l~ector City Attorney / Finance / Human Resources S:XPlanning~SHARED\WPXPROJECTS~I-Iolly VananceXAgenda Item Request Holly Variance ZNCV 03-001 3-18-03.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN1'NG AND ZON]:NG DI'V?SION MEMORANDUM NO. PZ 03-0S4 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission THRU: Michael W. Rumpf FROM: Maxime Ducoste DATE: February 24, 2003 PRO.1ECT NAME/NO: Holly Variances/ZNCV 03-001 REQUEST: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a/5.E.2.a, requiring sixty (60) foot minimum lot frontage to allow a ten (10) foot variance, resulting in a fifty (50) foot lot frontage for a single family house within a R-2 zoning district; and Relief from Chapter 2, Zoning, Section 5.F.2.a, requiring a minimum side yard setback of ten (:[0) feet to allow for a variance of 2.5 feet and a side setbacks of 7.5 feet on each side for a single-family home within the R-2 zoning district. PRO3ECT DES(;:RIP'I"ZON Property Owner: .lanice Holly Applicant/Agent: George Homrich Location: :[33 N.E. 4t~ Avenue, East 50 feet of the south :[50 feet of Lot 3, Block 3, Shepard Addition. Existing Land Use/Zoning: Medium Density Residential (MeDR)/R-2 Proposed Land Use/Zoning: Medium Density Residential (MeDR)/R-2 Proposed Use: Single-family house Acreage: 0.:[7 Acre (7500 square feet) Adjacent Uses: North: A single-family house zoned R-2, single and two-family residential district; South: N.E. 4th Avenue right-of-way, and farther south a single-family house zoned R-2, single and two-family residential district; East: Vacant property zoned R-2, single and two-family residential district; and Staff Report Memorandum No PZ-03-054 Page 2 West: A duplex property zoned R-2, single and two-family residential district. BACKGROUND The subject vacant property is located within the Shepard Addition subdivision. ]~t is currently zoned R-2, single and two-family residential dwelling district (see Exhibit"A"- Location Map). With the exception of the adjacent lots to the north, east, and northeast, the neighborhood is mostly developed. The Shepard Addition was platted in 1912 (see Exhibit"B"-Shepard Addition Subdivision Plat). This plat was composed of 8 lots each with 100 feet of frontage and 300 feet of depth. However, Lots ! through 5 have frontage on N.E. 4~ Avenue. Originally, Lot 3 met the minimum requirements of the R-2 zoning district. Subsequently, Lot 3 was subdivided, which resulted in the creation of the subject vacant parcel, Lot 3.1 (see Exhibit "C"- Shepard Addition Current Lot Layout). The subject vacant parcel (Lot 3.1) has a frontage of 50 feet and a total area of 7,500 square feet. It is a non-conforming lot, because it does not meet the R-2 district regulations, l~n this case, Section 11.1, Non-conforming regulations is not applicable since the parcel is not an original whole platted lot. It should be noted that the R-2 zoning district allows development of a single-family residence. However, only the minimum lot area (6000 sq.ft.) and frontage (60 ft.) are as required in the R-1 zoning district. Therefore, the minimum requirements to build a single-family dwelling in the R-2 zoning district (Chapter 2, Zoning, Section 5, F.2.a.) are as follow: · Lot area: 6000 square feet · Lot frontage: 60 feet · Front setback: 25 feet; · Rear setback: 25 feet; · Side setbacks: 10 feet. The applicant is proposing the following lot characteristics and setbacks: · Lot area: 7500 square feet (Chapter 2, Zoning, Section 5, E.2.a.) · Lot frontage: 50 feet (Chapter 2, Zoning, Section 5, E.2.a.) · Front setback: 35 feet; · Rear setback: 79 feet; · S/ds setbacks: 7.5 feet Mr. George Homrich, applicant and contract purchaser is requesting the two variances referenced above in order to construct a single-family residence on a substandard lot (see Exhibit "D" - Proposed Building). ANALYSZS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That spec/a/conditions and circumstances ex/st which are peculiar to the/and, structure, or building involved and which are not applicable to other/ands, structures or buildings in the same zoning district. b. That the spec/a/conditions and circumstances do not result from the actT'ons of the applicant. c. That granting the va/lance requested wi//not confer on the applicant any spec/a/privilege that is Staff Report Memorandum No PZ-03-054 Page 3 denied by this ordinance to other/ands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights common/7 enjoyed by' other properties in the same zoning d/strict under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the m/n/mum variance that will make possible the reasonable use of the /and, building, or structure. f. That the grant of the variance wi//be in harmony with the genera/intent and purpose of this chapter [ordinance] and that such variance wi1/not be injurious to the area involved or otherwise detrimental to the public we/fare. Staff reviewed the requested variances focusing on the applicant's response to the above criteria contained in Exhibit "E". Staff concurs with the applicant's response to criteria "b"above that there exists special conditions peculiar to the subject parcel, name/y/otfrontage. Staff acknowledges that the previous owners have likely caused the non-conformity by subdividing the original conforming lot, therefore conflicting with criterion '~)"above. Also, regardless of what allowable use is proposed for Lot 3.1, unless assembled with adjacent property, the subject variance for the lot frontage would be required, as the minimum variance needed to make possible the reasonable use of the land. According to the applicant's response to the above criteria, other properties in the neighborhood do not have 10-foot side yard setbacks. Therefore, the applicant feels that he is also entitled to similar privileges. ]~t should be noted that any building encroachments on nearby properties were likely done at an earlier time period when the regulations and process may have been less formal and stringent. It appears that modern improvements within the area were made according to current regulations (setbacks). The request for side yard setback reduction could therefore represent a grant of special privilege to the applicant. With respect to impacts on the area, and satisfying criterion "f" above, regarding the request for setback reductions staff acknowledges that if the standard building envelope is expanded closer to the property lines, the impacts on adjacent properties can include reduced light, air flow, and views. However, due to the similarity between the proposed single-family use and nearby single and two-family uses, the impacts upon the abutting parcels are not significant. The subject request for the reduction in the required lot frontage would likely generate no negative impacts upon adjacent properties, but help improve the overall effort of redevelopment within this area. It should be noted that the minimum side setback applicable to a 50-foot wide lot eligible for the non-conforming lot provisions is 7 1/2 feet. With respect to item "e" above, which relates to the magnitude and necessity of the variance, Staff realizes that the design of the proposed residence can be accomplished within the required 10-foot side setbacks providing a 30-foot wide house, which represents only a 5-foot reduction from the maximum width proposed allowed by the 10-foot side yard setback. The required 10-foot setbacks on both sides of the proposed house would limit the design of the structure extending it toward the rear of the property where adequate space exists to compensate for any reduced building width. This option would not likely reduce any functionality of the proposed residence. Lastly, staff finds that granting the lot frontage variance would not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement would be consistent with existing characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles. However, staff finds .~t the variance for both side setback reductions would contrast the improvements in the neighborhood which comply with the minimum :l.0-foot side setbacks. Staff Report Memorandum No PZo03-054 Page 4 RECOMMENDA'F~ON Staff recommends that the request for relief from Chapter 2, Zoning, Section 5.F.2.a. / 5.E.2.a, to allow a ].0 foot variance from the 60 foot minimum lot frontage to allow a 50 foot lot frontage be approved because of the following reasons: 1. This request will not be injurious to the area or detrimental to the public welfare; 2. ]:t will be consistent with the existing characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles; 3. The variance requested is the minimum necessary to make possible the reasonnable use of the land. However, staff recommends that the request from Chapter 2, Zoning, Section 5.F.2.a./5.E.2.a. to allow for a side setback variance of 2.5 feet and side setbacks of 7.5 feet on each side for a single-family home be denied for the following reasons: ].. Lack of traditional hardship, and specifically, that relief is not necessary to make possible the reasonnable use of the land; 2. The special conditions and circumstances are a result of actions taken by the applicant (e.g. design and layout of the proposed improvement); and 3. ]:t is inconsistent with the code requirements. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in the Exhibit "F" - conditions of approval. MWR/MD S:\Planning\SHARED\WP\PRO.1ECTS\Holly Variances\STAFF REP.doc Location Map ~X.~.,~"A" Holly Variance NE 5TH AVE NW 4TH ~: O ' ~"~: 4TH[ AVl= I' ZCm~ ' C4 200 0 200 ~0 F~t EXHIBIT "B" 30O , EXH BIT "D" · ~ ~- ,-~ EXHIBIT "D" F L 0 0 R P L. A 1'1 ~ C,-',';LOLJL~,TION$ TOT,AL.: I~--~' ~ lJ EXHIBIT "D" EXHIBIT "D" EXHIBIT "E" Responses to questions on variance application #5, A-F A. The lot is thin (50 ft.) B. This lot was originally 50 ft. and has not been changed by applicant. C. Currently, there are other properties within the area that do not have a 10 ft. set-back. D. The interpretation of the provisions of this chapter currently conflict with the design of older houses in the area. E. We are asking for an additional five (5) ft. in order to construct a 35 ft. wide house, increasing curb appeal. F. In no way will granting this variance negatively effect the appearance or use of this property or the others surrounding it. EXHIBIT "F" Conditions of Approval Project name: Holly Variances File number: ZNCV 03-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X -~ ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:XPlanningXSHARED\WPXPROJECTSXHolIy Variances\COA.doc J:\SHRDATA\PLANNING\SHARED\WP\FORMS\BLANKS FORMS ',COND. OF APPROVAL DuFour 04-24-01 .DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Homrich Variance (Holly Variance ZNCV 03-001) APPLICANT'S AGENT: George Homrich APPLICANT'S ADDRESS: 501 N.E. 3rd Street Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18, 2003 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: 133 N.E. 4th Avenue Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Hornrich Vadance',DO.doc V.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM F AGENDA ITEM REQUEST FOl~w Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Mus~ be Turned in Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business ~' AGENDA ITEM [] City Manager's Report [] Presentation - [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the N.E. 70' to 10t" Stormwater Improvement Project (INCA Project). EXPLANATION: The City has been attempting to purchase 17 different parcels of land for the purpose of constructing a retention pond associated with the N.E. 7t~ to 10t~ Stormwater Improvement Project (INCA Project). To date, we have been successful at acquiring 13 of the necessary 17 parcels. The City Commission has authorized the purchase of the initial 13 at, or just above, the appraised value for these properties. The City staff, with the assistance of our real estate administrator (The Urban Group) has exhausted all efforts to acquire the remaining 4 parcels at a reasonable price. The owners of the remaining 4 parcels are all asking for significant amounts above the apparised value of their property. PROGRAM IMPACT: Unless these four remaining parcels are acquired, this project cannot go forward and will have to be abandoned. Therefore, since we are unable to negotiate a purchase price that is close to the appraised value, it is necessary for the City to acquire the property under our powers of eminent domain. To help the City Commission understand the detailed negotiations that have taken place with these four property owners, you will find attached a Negotiations Summary for each property. S:~BULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The details of the dollar impact for each parcel can be found on the summary sheet. The middle grouping of parcels (yellow blocks on the map and chart) provide the necessary detail. This is the column headed by the words "ongoing negotiations". Our real estate administrator, through a formal appraisal, values the 4 parcels at a combined total of $190,000.00. The 4 property owners, collectively, are asking for $420,000.00. That is 121% over the appraised value of the property. We believe that the only way to acquire the property at a reasonable cost is to declare the necessity for eminent domain. ALTERNATIVES: This action by the City Commission is just a motion to authorize the eminent domain proceedings. There are a few more steps that need to be taken before the actual proceedings get underway. A full Resolution of Necessity would be presented to the City Commission at a future meeting if you authorize us to move forward. The other alternatives are to pay the higher prices as demanded by the property owners (which would take a super majority of the City Commission), or to abandon the stormwater improvement project altogether. Department Heads Sigi/ature City Manager's Signature UTILITIES DEPARTMENT Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC THE URBAN GROUP, INC. 1424 South Anchcws Avenue, Suite 200 Fort Lauderdale, Florida 33316 CITY OF BOYNTON BEACII Storm-Water Site A~uisition Stares :- ai&J ,I rd'r N E Ttk AVE NEGOTIATION SUMMARY Seller's Position: Seller: Degen, Gerhard Subject Property Location: Block 3, Lot 1 County records inadvertently missed the quit claim of lot 1, an Assessed Value is not available. In June 2000, the subject property was acquired for a reported sum of $17,500. This property is not currently listed for sale. Through our negotiations, Mr. Degen has determined that his asking pdce is $100,000. Mr. Degen ' believes the justification in support his figure is due to the loss of profit he would realize if he, as a investor, developed the site with a single-family improvement. In addition, Mr. Degen is of the opinion that a replacement of such a property is not available and therefore increases the value of his property. Buyer's Position: The City has hired an independent State Certified General Real Estate Appraiser, to determine the fair market value. Based on an appraisal dated July 31, 2002, Real Property Analysts valued the ~ property at $50,000. The issue over loss of potential revenue is one not compensable in an emine~ domain case. This issue over potential use is weighed and considered in the appraisal under the ! concept of highest and best use. Loss potential revenue should not be considered in the assessment of fair market value in acquiring vacant land. It is also not the buyer's responsibility to provide a replacement site in Eminent Domain involving vacant land. The appraisal considers recent sales and available properties in determining fair market value. If the supply is Iow and the demand is high then the fair market value is adjusted upward. Comments/Recommendations: Based on research of vacant land in the area, I believe it is fair to say that the subject property value is in excess of the June 2000, purchase pdce. As the seller has pointed out, there is a diminishing supply of vacant land in the area and a increase in demand. This has been weighed and considered by the appraiser. Without the ability to compensate the seller for potential loss revenue, we can not substantiate the asking pdce. A meeting has been set for December 26~, with the property owner to discuss a $60,000 settlement figure. This figure is comprised of the recent appraised value of $50,000, and $10,000 in cost avoidance. If we are able to reach this settlement figure without initiating eminent domain proceedings, the City will realize a cost savings from not having to formally take the property. The cost avoidance is based on not incurring the expected expenses in a lawsuit, such as legal fees, appraisal fees, engineering fees and other expert witness fees. In the event this settlement figure, is not reached, it is recommended to pursue formal proceedings to acquire the property. February 3, 2003 NEGOTIATION SUMMARY Seller's Position: Seller: Ryan, Theodore Subject Property Location: Block 3, Lot 2 County records inadvertently missed the quit claim of lot 2, an Assessed Value is not available. In June 2000, the subject property was acquired for a reported sum of $17,500. This property is not currently listed for sale. Through our negotiations, Mr. Ryan has determined that his asking pdce is $100,000. Mr. Ryan " believes the justification in support his figure is due to the loss of profit he would realize if he, as a investor, developed the site with a single-family improvement. In addition, Mr. Ryan is of the opinion that a replacement of such a property is not available and therefore increases the value of his property. Buyer's Position: The City has hired an independent State Certified General Real Estate Appraiser, to determine the fair market value. Based on an appraisal dated July 31, 2002, Real Property Analysts valued the property at $50,000. The issue over loss of potential revenue is one not compensable in an eminer~ domain case. This issue over potential use is weighed and considered in the appraisal under the concept of highest and best use. Loss potential revenue should not be considered in the assessment of fair market value in acquiring vacant land. It is also not the buyer's responsibility to provide a replacement site in Eminent Domain involving vacant land. The appraisal considers recent sales and available properties in determining fair market value. If the supply is Iow and the demand is high then the fair market value is adjusted upward. Comments/Recommendations: Based on research of vacant land in the area, I believe it is fair to say that the subject property value is in excess of the June 2000, purchase pdce. As the seller has pointed out, there is a diminishing supply of vacant land in the area and a increase in demand. This has been weighed and considered by the appraiser. Without the ability to compensate the seller for potential loss revenue, we can not substantiate the asking pdce. A meeting has been set for December 26"~, with the property owner to discuss a $60,000 settlement figure. This figure is comprised of the recent appraised value of $50,000, and $10,000 in cost avoidance. If we are able to reach this settlement figure without initiating eminent domain proceedings, the City will realize a cost savings from not having to formally take the property. The cost avoidance is based on not incurring the expected expenses in a lawsuit, such as legal fees, appraisal fees, engineering fees and other expert witness fees. In the event this settlement figure.is not reached, it is recommended to pursue formal proceedings to acquire the property. February 3, 2003 NEGOTIATION SUMMARY Seller's Position: Seller:. Robert P. Brown Subject Property Location: Block 5, Lot 2 2001 Assessed Value $5,508. In February 2000, the subject property was acquired for a reported sum of $4,500. Originally the property was listed for $30,000. On June 20, 2001, the property listing was increased to $60,000. Then in May of 2002 the property listing increased to $90,000. Currently the property is no longer listed for sale on Multiple Listing Service. Based on our negotiations, Mr. Brown has increased his asking pdce of the subject property to $250,000, stating he may take $125,000 as a settlement. Mr. Brown has not demonstrated a valid justification to support his figure. Buyer's Position: i The City has hired an independent State Certified General Real Estate Appraiser, to determine a '~ market value. Based on an appraisal dated July 31, 2002, Real Property Analysts valued the property at $40,000. Comments/Recommendations: Based on research of vacant land in the area, I believe it is fair to say that,}he subject property value is in excess of the February 2000, purchase pdce. There is a diminishing supply of vacant land in the area and an increase in demand. There is however no supporting sales or listings, whether current or historically for this area, to substantiate the asking pdce. More than reasonable efforts have been extended to purchase the subject property. All land surrounding the subject is now owned by the City. It is my recommendation, that the City proceed with eminent domain to acquire the land. February 3, 2003 NEGOTIATION SUMMARY Seller's Position: Seller: Janots, Frank Subject Property Location: Block 2, Lot 1 2001 Assessed Value $300. (note: The 2001 sale will increase the 2002 assessed value. ) In May 2001, the subject property was acquired for a reported sum of $30,000. This property is not currently listed for sale. Through our negotiations, Mr. Janots has determined that his asking pdce is $95,000. Mr. Janots has stated his justification in support his figure is due the demand for the property. Mr. Janots stated that he has another offer to purchase the property for $95,000. Therefore he believes $95,000 is what the market will yield. No contracts have been forwarded by Mr. Janots collaborating his statement of another offer. Buyer's Position: The City has hired an independent State Certified General Real Estate Appraiser, to determine the ~ir market value. Based on an appraisal dated July 31,2002, Real Property Analysts valued the prope~/ at $50,000. The appraisal has considered recent sales and available properties in determining fair market value. Without a bona-fide contract in hand, by Mr. Janots, support of his position is not recognized. Comments/Recommendations: · Based on research of vacant land in the area, I believe it is fair to say that the subject property value is in excess of the May 2001, purchase price. There is diminishing supply of residential vacant land in the area and a increase in demand. Without sales in support of Mr. Janots claim that the market will yield a higher pdce for his property, we can not substantiate the asking pdce. The Urban Group has attempted to settle this purchase at $62,500, as a final figure the City would be willing to purchase the land for. This figure is comprised of the recent appraised value of $50,000, and $12,500 in cost avoidance. Mr. Janots has not changed his position that the property is worth more. Mr. Janots has provided, what he feels, are comparable sales as justification to his offer to sell at $95,000. In reviewing the provided comparables, it is believed that they are supedor to the subject. The Urban Group wi!t pursue a negotiated settlement with the owner, however, it is recommended to pursue formal proceedings to acquire the property. February 3, 2003 V.-CONSENT AGENDA CITY OF BOYNTON BEAC ITEM G. AGENDA ITEM REQUEST FORrv ,q3 / llt: I0 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Admmistrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the months of January and February 2003 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorize to execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the p.urchase orders approved by the City Manager, or Acting City Manager". PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000' and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance change. Deputy Director of Financial Service.~ City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED JANUARY- FEBRUARY 2003 NOTE: The items listed below were all approved in February 2003, there were no "Request for Purchases Over $10,000" for the month of January 2003 1. Vendor: Motorola Purchase Amount: $ 23,900.00 Requesting Department: Fire Department Contact Person: Jim Ness Brief Description of Purchase: The Fire Rescue Division purchased three (3) Motorola Zetron Station Alert Systems. These devices provide an audible tone alert to notify fire personnel of incoming emergency response information. These tone alerts are being purchased for installation in our three current fire stations. The existing tone alert systems now contained in those stations were not part of the new radio system installed several years ago. These devices will provide a higher level of performance and reliability. Source for Purchase: PBC School Board Bid ¢K)2C6E Fund Source: 305-4118-580-64-02 2. Vendor: Knight Electric Company, Inc. Purchase Amount: $ 12,771.2~. Requesting Department: Public Works/Facilities Mgmt Contact Person: Richard Fiege Brief Description of Purchase: Labor and materials to wire in the new generator at Fire Station #3 in order to place v~rious emergency circuits on emergency power. Source for Purchase: PBC Contract #03-007/CC Fund Source: 302-4116-580-31-30 Project #CO0222 The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Com~~ City Manager Approval:Date: Presented to Commission for information on March 18, 2003. 1 of 1 V.-CONSENT AGENDA CITY OF BOYNTON BEACl ITEM H. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City qlerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfiaished Business RECOMMENDATION: MOTION to approve the "SURPLUS EQUIPMENT LIST" as submitted by Staff and allow for disposal of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS EQUIPMENT LIST" as submitted by WAREHOUSE DMSION. This list consists of surplus momtors and computers that were received from ITS Department. The computers have been stripped and the components are being used for other computers, and the listed monitors do not work. The Palm Beach County Thrift Store will not accept computers unless they are ia wo, rking order. Procurement Services requests Commission's review, evaluation and approval to dispose of this surplus equipment. PROGRAM IMPACT: These select computers and monitors have no residual value since they have been stripped of operating parts. ITS Department utilizes all working component parts of the computers for repair service. FISCAL IMPACT: There is no fiscal impact. Deputy Director of Fiauncial Services City Manager's Signature Procurement Serviceg Department Name City Attorney / Finance / Human Resources S:'~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RECEIVED The City of ,,o~,~.~T Boynton Beach * ~ Finance Depa~ent WA~HOUSE DI~SION TO: Bill Atkins, Deputy Director of Financial Services' FROM: Dominic DeMauro, Warehouse Manager ~ DATE: February 20, 2003 SUBJECT: Surplus Computers Bill, enclosed is a four-page list of computers and monitors that the Warehouse has picked up for disposal from the I.T.S. Department. These CPUs have been stripped and various components have been placed in other City computers. Please go to Commission for permission to dispose of these. Palm Beach County thrift store no longer accepts computers unless they are in working condition. If you should have any questions, please feel free to contact me at 742-6324. CC: Diane Reese - Finance Director Cathy McDeavitt - Assistant to the Director of I.T.S. · ~ .~ ~ 0 0 00000000000 ooooooooooo~88~8~o~o .~ o o~o~.~~ooo ~0 X~ 000 ~ ~ o 0 0 ~ ~ o ~×× 000000 oo 0 0 0 0 0000 0 zz~~z XX ~o X O0 PHONE NO. : 56Z 375 5092 FeJ:::,. 20 200~ 01:1&PH Pt Equipment to be Disposed of 2002/2003 Asset Tag # Model Description Disposal Date 2430 IBM ValuePoint 01/03/03 129 P166 01/03/03 369 P166 01/03/03 376 P166 01/03/03 455 P166 01/03/03 515 P166 01/03/03 1275 P166 01/03/03 1418 P166 01/03/03 2301 P166 01/03/03 4756 P166 01/03/03 4837 P166 01/03/03 ??????? ? P166 6709BBD2P358 01/03/03 1352 P333 01/03/03 1821 13333 01/03/03 1822 P333 01/03/03 1823 P333 01/03/03 1824 P333 01/03/03 1825 P333 01/03/03 1846 P333 01/03/03 1895 P333 01/03/03 1897 P333 01/03/03 1898 P333 01/03/03 1900 P333 01/03/03 1902 P333 01/03/03 1904 P333 01/03/03 1906 P333 01/03/03 1909 P333 · 01/03/03 1921 P333 01/03/03 1925 P333 01/03/03 2059 P;333 01/03/03 2334 P333 01/03/03 4790 P333 01/03/03 2064 P400 01/03/03 2070 P400 01/03/03 2287 P400 01/03/03 V.-CONSENT AGENDA ITEl4 I. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetin.q Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's Office Dates Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDAITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report ,:- _..~ RECOMMENDATION: Staff recommends that Commission authorize the City manager to '~bm~ Development Regions Core Grant application on behalf of Boynton Seafood to Palm Beach County, Departme~: of Economic Development. EXPLANATION: Palm Beach County Department of Economic Development has invited local governments who are located within designated areas to submit grant applications from the business community in a effort to assist in the stimulating of economic growth and increase business opportunities."The City of Boynton Beach has solicited pre applications from the business community, which has resulted in the following application: Boynton Seafood - The total project cost is $76,000 and is proposed to create 7 full time jobs. The request is for $20,000 County funding and $10,000 City match. PROGRAM IMPACT: The Core Grant program is designed to stimulate economic growth, and increase business and employment opportunities in blighted areas of Palm Beach County (Exhibit "A"). See attached application (Exhibit "B"). FISCAL IMPACT: In the event Palm Beach County awards this application, the City's obligation would be to commit 50% of what the county funds to each grantee. The maximum allocation would be $50,000 for any applicant, with the city's match requirement being $25,000. Although there are currently no funds appropriated for the local match as required for this program, CDBG funds would be allowed but it would be subject to strict regulatory rules and monitoring. ALTERNATIVES:Program..~.~/~/~.N°t to submit a grant application for this Ro~mentx~.~~.O~ Regions Grant Dep~fffe~f He~a'~-STg~atut'e City Manager's Signature Department of Development Community Improvement Division Department Name City Attorney / Finance / Human Resources EXHIBIT "A" DEPARTMENT OF DEVELOPMENT PALM BEACH COUNTY CORE GRANT APPLICATION PROGRAM OVERVIEW The Palm Beach County Development Regions Grant Program, which is administered through the Office of Economic Development is designed to stimulate economic growth and increase business opportunities in or adjacent to designated blighted areas of Palm Beach County. The goal of this program is to encourage economic investment and diversification in these communities, increase job growth and entrepreneurial opportunities, revitalize commercial districts and focus on positive hbman resource development to improve the quality of life. The City of Boynton Beach is within the "Core Area", which has 20% or more poverty. A. Definitions ,. Business Project: A start-up or existing business (registered in the State of Flodda) and '. involving relocation or expansion plans to purchase/lease/occupy/build/renovate property in or adjacent to a Development Region, and to hire full-time equivalent employees Business Retention: Retaining an existing business, its employment and tax base Job Creation: Creation of a permanent full-time/equivalent position filled by an employer Job Retention: Retaining a job that has existed for six months or more pdor to the Development Regions application B. Criteria Job creation and Job Maintenance, ~ One full time/equivalent job must be created or retained per $10,000 requested in county funds. > Preference will be given to job creation over retention. Facade program projects may or may not necessarily have job creation commitments when working with building owners in high poverty areas. Applicants are held accountable for their commitment to. job creation or retention as identified in the application. This will be the job commitment identified in the grant. Business projects th-at have received other county grants cannot use the same jobs pledged for in other programs to apply for this program. Business projects must provide the Worldorce Development Board of Palm Beach County, Inc., a list of all job openings and training opportunities when ready to hire. Business projects must show good faith efforts in hidng 50% of employees who reside in or near a Development Region. ), Job commitments must be filled by the twentieth month from the contract commencement date and maintained for an additional twenty-four months following job creation/retention. WaRes and Benefits Applicants are strongly encouraged to provide wages at the time of contract approval that are higher than the national minimum wage and include fdnge benefit. C. Funding and Reimbursement Matchinq Funds By Business Proiect Business projects must leverage a significant amount of money to County funds. The object is to attract the highest pdvate investment possible in the Development Regions. Fundinq Requests and Matchinq Requirements/Leveraqinq Maximum County Funds :> $50,000 for any one public improvement or business project. County funds cannot exceed 30% of project costs >. $100,000 for multiple projects submitted by a local government and/or nonprofit organization > 50% minimum local cash match to County fund request Eliqible Matchinq Funds Previous expenditures and in-kind services by a local government or nonprofit organization for existing or proposed projects cannot be used toward matching funds., However, a letter of justification requesting a waiver from the local government or nonprofit organization may include the following: · A loan program · Infrastructure improvements to the area · Building improvements/area beautification · Utilities and water/sewer hookup costs · Designated parking spaces in downtown area · Donations of land, buildings, and easements Eli.qible and Ineliqible Reimbursable Activities Eliqible Activities The County will reimburse the following expenses for the business projects: · Acquisition of real property · Construction of new buildings · Renovation of existing buildings · Far~de improvements of properties · Site development costs (engineering, architectural designs, soil test, surveying, etc.) · Impact fee payment · Machinery and equipment · Public Improvements: Parking, lighting, far.,.ade program, beautification, infrastructure, etc. Ineli.qible Activities The grant does not reimburse: · Retainer Fees (attorney & architect). Work must be received for reimbursement · Deposits · Mortgage payments · Relocation of businesses from one Development Region to another Specifications For Machinery And Equipment Eli.qible Expenses · New or used fixed assets or tangible personal property purchased by the qualified business and used exclusively at the business project site dudng the contractual pedod · Machinery and equipment purchased for the business must have a useful life of at least five years Ineli.qible Expenses · Portable equipment, such as personal computers, adding machines and' calculators · Rolling stock, such as trucks, vans or cars · Restaurant/office/warehouse equipment; such as tables, chairs, cookware or other removable items EXHIBIT "B" tV. BUSINESS PROJECT INFORMATION ONLY FOR EDO USE ONLY A. Business Name: Boynton Seafood Project location is in an area classified as: ~! Core ~ Transitional ~1 Marginal Business Federal ID #: 65-0572486 [2] Outside the Dev. Region Business or Project Location Address: 1022 N. Federal Highway Boynton Beach, Florida 33435 B. Business Owner Name: Scott and Mary Jo Bills Contact Person: Mary Jo Bills Title: General Manager Mailing Address: 720 N. E. 8th Avenue, Boynton Beach, 33435 Telephone: 561-735-4775 Fax: 561-735-4460 C. IfLeasing: Property Owner Name: n/a Name: Mailing Address: Telephone: Fax: Copy of Lease Required: [21 Proposed or [21 Executed ~l Lease Enclosed r REDEVELO~'~ENT D. JOB INFORMATION (full time & equivalent) Jobs on Current Payroll Fo. EDO use Identify below the existing payroll employees with their Meets minimum job respective job titles, # hours scheduled per week, and hourly requirement: ~ Yes ~ No wage. Do not include the business oxvner and property Exceeds minimum job owner in this list. Extra pages may be used if necessary or requirement: ~ Yes l~[ No attach a payroll document to the application. No. of Employees Job Title ' Hours (per week) Hourly Wa_oe 4 fish cutters 40 12.00 1 fish cutter 25 10.00 1 cashier 40 1 0.00 I cashier 25 10.00 1 retail manager 40 12.00 Jobs to be Created and/or Retained The Development Repons Grant Program requires the creation/retention of one (1) full-time equivalent job per $ I 0,000 in county funds received, which is equivalent to 2,080 hours per year. Therefore, the calculation will be as follows: Total number of hours scheduled per week x 52 weeks = No. of full-time/equivalent jobs 2,080 hours Full Time Hours No. of Employees ~ Job Title ~ Hourly Wa,,e 1 E Wholesale Sal~s 40 12.00 1 F Secretary 40 . 10.00 1 E Wholesale Labor 40 10.00 1 F Cook 40 12.00 1 F Prep 40 8.00 1 -F .... C.ashi~r ............ 40 1 0.00 1 F Counter help 40 ............ 8';-0'O l Full-time jobs total: 5 Equivalent jobs total: 2 Full-time & Equivalent total: 7 Rev. 4-02-2002 Page 3 of 7 V. PUBLIC IMPROVEMENT PROJECT ONLY: PrQectLocation: 1022 N. Federal Highway Boynton Beach, Florida 33435 ContactPerson: Title: Mary Jo Bills Manager Mailing Address: 720 N. E. 8th Avenue Boynton Beach, Florida 33435 Telephone: 561 -735-4775 Fax: 561 -735-4460 Identify businesses and/or adjacent property owners to benefit from improvements: 1. Identify number of businesses/Property Owner 2. Name of business/property owner 3. Business owner/property owner 4. Address 5.. County funds to be used 6. City/CRA funds to be used 7. Business funds to be used 8. # of full-t/me equivalent jobs existin~retaining 9. # of full time equivalent jobs to be created 10. Individual improvements to be made Rev. 4-02-2002 Page 4 of 7 VI. DESCRIPTION OF PROJECT ~cludeapr~ectedtime-Sameoftheentirepr~ect, includingphases(ifany). Boynton Seafood is applying for a Development Regions Grant to expand the existing business. It is currently a full line seafood market. Boynton Seafood is unique in that it is a Multi-cultural fish market. By incorporating a complete kitchen in the existing first floor, Boynton Seafood expects to produce approximately 75 plates per day. The menu would include many of the local,fish that are caught daily, steamed Blue Crabs and a Seafood Chowder or soup. The second part of the expansion plan involves remodeling the second floor space into an office to accomodate a growing Wholesale fish business. This aspect of the seafood industry involes the packing and shipping of larger quantities of fish to the Fulton Fish Market in New York City, requi.ring the need for a location to employ people-to monitor and service the flucuation of the daily price and product changes involved in the worldwide seafood market. By accomplishing the goals stated above, Boynton Seafood expects to create five full time jobs and two equivalent positions. The estimated cost of this project is $75,000. and construction is expected to take approximately 90 days from the date the necessary Permits are issued. Proposed Starting Date: June 1 , 2003 Proposed Ending Date: September 1, 2003 Rev. 4-02-2002 Page 5 of 7' PROPOSED PROJECT BUDGET Itemize anticipated expenses for this project. Complete the items that apply to your project. Attach details of each item and supportive information. Include labor and material costs in this estimate. Expense Type Cost Fund Source #1 County #2 City/CRA/ #3 Grantee Non-Profit Land Acquisition Construction of New Buildin~ Expansion o£Existin~ Buildin~ 60,000 15,000 45,000 Fagade Chan~es / Renovation Engineerin~ Architectural Design 1,000 1,000 Pro~rty Surveying Soil Test Impact Fees 0 Machinet7 and Equipment 15,000 5,000 t0,000 Other (Specif~) TOTAL $76,000 $20,000 $10,000 $46,000 PROJECT ANTICIPATED FUNDING (refer to last three columns in above table) For EDO use only Minimum cash match requirement status: Met or Not Met #I County funds $20,000 County Grant Local Grantee Request Entity Amount Match #2 City/CRA/CDC funds $10,000 50% Status #3 Grantee's liquid cash $46,000 bank loan other grant other source (last column in table) ' TOTAL $76,000 ATTACH QUALIFIED ESTIMATES TO APPLICATION Rev 4-02-2002 Page 6 of 7 A~hcant Signature Date Susines~ner Signature "'Date For additional information contact: PALM BEACH COU~NTY ECONOMIC DEVELOPMENT OFFICE 301 N. Olive Avenue, 10'h Floor, West Palm Beach, FL 33401 " 9 P.O. Box 1989, West Palm Beach, FL 3o40_-1989 (561) 355-3624 Fax: (561) 355-6017 Attn: pamela Nolan, Economic Devel'opment Specialist pnolan@co.palm-beach.fl.us (561) 355-6835 Fax: (561) 355-6017 FOR EDO US£ ONLY Application reviewed by: Name and Title Name and Title Date Date Application accepted: ~ Yes ~ No If not accepted, explain reasons: H:VC~PDATAkDR6kDR6applic_rev04 02 02.wlxt Rev. 4-02-2002 Page 7 of 7 V.-CONSENT AGENDA ZTEIVl 3. CITY OF BOYNTON BEACt AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetin,q Turned in to City Clerk's Commission Meet n,q Dates Turned in to City Clerk's Office Dates Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (No~ [] January 21, 2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (Noon) ~ [] Administrative [] Development Plans -~...: NATURE OF [] Consent Agenda [] New Business ~ "~ AGENDAITEM [] Public Hearing [] Legal ~ [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Staff recommends that Commission authorize the City manager to submit a Development Regions Core Grant application on behalf of Innovative Window Concepts LLC to Palm Beach County, Department of Economic Development. EXPLANATION: Palm Beach County Department of Economic Development has invited local governments who are located within designated areas to submit grant applications from the business community in a effort to assist in the stimulating of economic growth and increase business opportunities.'The City of Boynton Beach has solicited pre applications from the business community, which has resulted in the following application: Innovative Window Concepts LLC - The total project cost is $364,216 and is proposed to create 12 full time jobs. The request is for $50,000 County funding and $25,000 City match. PROGRAM IMPACT: The Core Grant program is designed to stimulate economic growth, and increase business and employment opportunities in blighted areas of Palm Beach County (Exhibit "A"). See attached application (Exhibit "B"). FISCAL IMPACT: In the event Palm Beach County awards this application, the City's obligation would be to commit 50% of what the county funds to each grantee. The maximum allocation would be $50,000 for any applicant, with the city's match requirement being $25,000. Although there are currently no funds appropriated for the local match as required for .this program, CDBG funds would be allowed but it would be subject to strict regulatory rules and monitoring. ALTERNATIVES.~ ,Not to submit ~ grant application for this Round ~f the Development Regions Grant Program. ~ ~/]~' Ii:).el~a rt · e n [ I-T'e a--"d~ ~ g~'~L~'e City-I~ltr~ager's Signature Department of Development Community Improvement Division Department Name City Attorney / Finance / Human Resources EXHIBIT "A" DEPARTMENT OF DEVELOPMENT PALM BEACH COUNTY CORE GRANT APPLICATION PROGRAM OVERVIEW The Palm Beach County Development Regions Grant Program, which is administered through the Office of Economic Development is designed to stimulate economic growth and increase business opportunities in or adjacent to designated blighted areas of Palm Beach County. The goal of this program is to encourage economic investment and diversification in these communities, increase job growth and entrepreneurial opportunities, revitalize commercial districts and focus on positive hiJman resource development to improve the quality of life. The City of Boynton Beach is within the "Core Area", which has 20% or more poverty. A. Definitions Business Project: A start-up or existing business (registered in the State of Flodda) and involving relocation or expansion plans to purchase/lease/occupy/build/renovate property in or adjacent to a Development Region, and to hire full-time equivalent employees Business Retention: Retaining an existing business, its employment and tax base Job Creation: Creation of a permanent full-time/equivalent position filled by an employer Job Retention: Retaining a job that has existed for six months or more pdor to the Development Regions application B. Cdteda Job creation and Job Maintenance. > One full time/equivalent job must be created or retained per $10,000 requested in county funds. > Preference will be given to job creation over retention. Fac,,ade program projects may or may not necessarily have job creation commitments when working with building owners in high poverty areas. Applicants are held accountable for their commitment to. job creation or retention as identified in the application. This will be the job commitment identified in the grant. Business projects tl'{at have received other county grants cannot use the same jobs pledged for in other programs to apply for this program. Business projects must provide 'the Worldorce Development Board of Palm Beach County, Inc., a list of all job openings and training opportunities when ready to hire. Business projects must show good faith efforts in hidng 50% of employees who reside in or near a Development Region. > Job commitments must be filled by the twentieth month from the contract commencement date and maintained for an additional twenty-four months following job creation/retention. Wa.qes and Benefits Applicants are strongly encouraged to provide wages at the time of contract approval that are higher than the national minimum wage and include fringe benefit. C. Funding and Reimbursement Matchin.q Funds By Business PrOject Business projects must leverage a significant amount of money to County funds. The object is to attract the highest pdvate investment possible in the Development Regions. Fundinq Requests and Matchinq Requirements/LeveraRin.q Maximum County Funds ~, $50,000 for any one public improvement or business project. County funds cannot exceed 30% of project costs > $100,000 for multiple projects submitted by a local government and/or nonprofit organization > 50% minimum local cash match to County fund request Eli.qible Matchinq Funds Previous expenditures and in-kind services by a local government or nonprofit organization for existing or proposed projects cannot be used toward matching funds., However, a letter of justification requesting a waiver from the local government or nonprofit organization may include the following: · A loan program · Infrastructure improvements to the area · Building improvements/area beautification · Utilities and water/sewer hookup costs · Designated parking spaces in downtown area · Donations of land, buildings, and easements Eliqible and Ineliqible Reimbursable Activities Eli,qible Activities The County will reimburse the following expenses for the business projects: · Acquisition of real property · Construction of new buildings · Renovation of existing buildings · Fac,,ade improvements of properties · Site development costs (engineering, architectural designs, soil test, surveying, etc.) · Impact fee payment · Machinery and equipment · Public Improvements: Parking, lighting, fac,,ade program, beautification, infrastructure, etc. Ineli,qible Activities The grant does not reimburse: · Retainer Fees (attorney & architect). Work must be received for reimbursement · Deposits · Mortgage payments · Relocation of businesses from one Development Region to another Specifications For Machinery And Equipment Eliqible Expenses · New or used fixed assets or tangible personal property purchased by the qualified business and used exclusively at the business project site dudng the contractual pedod · Machinery and equipment purchased for the business must have a useful life of at least five years Ineli.qible Expenses · Portable equipment, such as personal computers, adding machines and' calculators · Rolling stock, such as trucks, vans or cars · Restaurant/office/warehouse equipment; such as tables, chairs, cookware or other removable items EXHIBIT "B" DEVELOPMENT REGIONS GRANT PROGRAM PALM BEACH CouNrTy, FLORIDA APPLICATION FORM Important Instructions: · Before deciding to fill out this Application Form, thoroagh.ly read the ELIGIBELITY & APPLICATION REQUIREMENTS document for this program. Please refer to the appropriate Application Requirement Checklist when completing this form. · Only one application caxt be utilized for one business or public improvement project. · Type or print the required information. Do not leave spaces blank. Put N/A if appropriate. · In the event that the Palm Beach County Economic Development Office (EDO) requests additional information, it must be submitted in a timely manner. · The processing and approval of projects may take up to 12+ weeks. I. APPLICATION DATE: 01/30/03 II. pRQ ..JECT IDE.N. TIFICATION Business Project: Innovative Window Concepts L.L.C. (name of business or property owns) or Public Improvement Project: (name of project for parking, infxastruc~e, lighting, beautification, facade improv .c~. ents. etc.) IXI. APPLICANT INFO~ATION (local government or nonprofit; not business or owner) Applicant Name: Innovative Window Concepts Contact Person: Gan/Orman / Donill Kenney Title: Managing Members Mailing Address: 507 Industrial Way Suite A Boynton Bch., Florida 33426 Telephone: (561) 737-4337 Fax: (561) 736-1973 OR' BUSINESS LOCATED IN UNINCORPORATED PALM BEACH COUNTY. Kev. 4-02-2002 Page 1 of 7 IV. BUSINESS PROJECT IN'FORMATION ONLY' FOR EDO USE ONLY Project location is in an area A. Business Name: Innovative Window Concepts h.h.C, classified as: [~l Core ~1 Transit/onal [21 Marginal Business Federal ID #: 36-4518690 ~ Outside thc Dev. Reg/on Business or Project Location Address: 507 Industrial Way Suite A Boynton Beach, Florida 33426 B. Business Owner Name: GaP/Orman, Doniil Kenney and Pablo Ruiz Contact Person: Donill Kenney Title: Managing Member/C.F.O. Mailing Address: 1736 N Lakeside Drive Lake Worth, Florida 33460 Telephone: (561) 655-3344 Fax: (561) 736-1973 C. If Leasin_~: Property Owner Name: North Lakeside Realty Name: Kdstine Brown Mailing Address: 1237 Roebuck Court West Palm Beach, Florida 33401 Telephone: (561) 820-0090 Fax: (561) 659-6222 Copy of Lease Required: [~l Proposed or [21 Executed [~1 Lease Enclosed Rev. 4-02-2002 Page 2 of 7 D. JOB INFORMATION (full time & equivalent) Jobs on Current Payroll Fo. I~DO USE ONLY Identify below the existing payroll employees with their Meets minimum job respective job titles, # hours scheduledperweek, and hourly requirement: ~1 Yes ~ No wage. Do not include the business owner and property Exceeds rain/mum job owner in this list. Extra pages may be used if necessary or requirement: ~ Yes ~ No attach a payroll document to the application. No. of Employees Job Title Hours (per week) Hourly W0.ge 1 President \ CEO 40 $35.00 1 Vice President \ COO 40 $30.00 Jobs to be Created and/or Retained The Development Regions Grant Program requires the creation/retention of one (1) full-time equivalent job per $t 0,000 ~ county funds received, which is equivalent to 2,080 hour~ per year. Therefore, thc calculation will bc as follows: Total number of hours scheduled per week x 52 weeks = No. of full-time/equivalentjobs 2,080 hours Full Time Hours No. of Employees or Equiv. Job Title (per week) Hourly Wage 1 Full Time Secretary 40 $8:50 I Full Time Saw Man 40 $8.50 3 Full Time Team Leader 40 · $7.50 7 Full Time Assemblem 40 $6.50 Rev. 4-02-2002 Page 3 of 7 V. PUBLIC IMPROVEMENT PROJECT ON'LY.'. © Project Location: N/A Contact Person: Title: Mailing Address: Telephone: ' Fax: Identify businesses and/or adjacent property owners to benefit from improvements: 1. Identify number of businesses/Property Owner 2. Name of business/property owner 3. Business owner/property owner 4. Address 5. County funds to be used 6. City/CRA funds to be used 7. Business funds to be used 8. # of full-time equivalent jobs existing/retaining 9. # of full time equivalent jobs to be created 10. Individual improvements to be made Kev. 4-02-2002 Page 4 of 7 VI. DESCRIPTION OF PROJECT h~clud¢ a projected t/me-flame of the entire project, including phases (if any). New Business Start Up Innovative Window Concepts was started on January 10, 2003. We will be in production with our Single Hung and Picture Window by June 1, 2003 followed by the Horizontal Roller on July 1, 2003. We are currently procurfing all of the Machinery and Equipment necessary for the start date and will be purchasing additional Machinery as we roll out our other product lines. January 10 thru February 28 Research and Development of Single Hung, Picture Window and Horizontal Roller. Procure Machinery and Equipment for SH & PW March 1 thru Apdl 30 product Testing and certification'. Pumhase inventory matredals interview and hire Employees. Set up Policies and Procedures. May I thru May 31 Factory set up and Assembly Line implementation including all electrical work and Office build out June I Start of production Proposed Startinlll Date: January 10, 2003 Proposed Ending Date: December 2004 Full line of products Single Hung, Picture Window, Horizontal Roller French Door and Casement Window Rev. 4-02-2002 Page 5 of 7 VII. PROPOSED PROJECT BUDGET Itemize anticipated expenses for this project. Complete the apply to your project. Attach details items that of each item and supportive reformation. Include labor and material costs in this estimate. Funding Usc Cost Funding Source #1 County #2 City/CR2J #3 Grantee Non-Profit Land Acquisition Infrastructure (Water/Sewer) Construct of New Build Expand of Existing Building Facade Changes / Renovation Er~g/n¢¢ring - Architectural Design Property Surveying Soil Test Impact Fees Landscaping / Lighting Public Improvements ..... Machine~ / Other [~pemrYlhterior R~novation $364,216.00 $50,000.00 $25,000.00 $289,216.00 TOTAL $364~2~6.00 $50,000.00 $25,00'0.00 $289,2~6.00 PROJECT ANTICIPATED FUND~O (refer to last three columns in above table) Minimm cash match requirement status: #1 County funds $50,000.00 Mot or Not Met #2 City/CRA/CDC funds $25,000.00 County Grant Local Grmatee Request Entity Amount Match #3 Crrantee'$ liquid cash $289,2~6.00 _ bank loan 50% other/zant .. other source Status (last column in table)-. TOTAL $364,216.00 ATTACH QUALIFIED ESTIMATES TO APPLICATION, Rev. 4-02-2002 Page 6 of 7 ' B~siness Owner Signature 19ate For additional information cantact: PALM BEACH COUNTY ~CONOMIC DEVELOPMENT OFFICE 301 N. Olive Avenue, l0a Floor, West Palm Beach, FL 33401 P.O. Box 1989, West Palm Beach, FL 33402-1989 (561) 355-3624 Fax: (561) 355-6017 At-tn: Pamela Nolan, Economic Development Specialist pnolan@co.palm-beach.fl.us (561) 35'5-6835 Fax: (561) 355-6017 Fo~ EDO [Js£ ONLY Application reviewed by: Name and Title Name and Title Date Date Application accepted: ~ Yes 0 No If not accepted, explain reasons: H:\WPDATAXDR6kDR6applie_rev0a 02 02.wpd Rev. 4-02-2002 Page 7 of 7 · V.-CONSENT AGENDA O ITEM K. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Allocation of $2,000 of Community Investment Funds requested by Commissioner McCray. EXPLANATION: Commissioner McCray has requested Commission approval of an allocation of $2,000 of his Community Investment funds as follows: $2,000 Boynton Beach Head Start Program PROGRAM IMPACT: Allocation of funds will this program to continue to be successful. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,500 in Community Investment funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMSL4.GENDA ITEM REQUEST FORM.DOC V.-CONSENT AGENDA TTElel L. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOl v, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18. 2003 March 3, 2003 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorize payment to FEC Railway Company in the amount of $71,289.77. EXPLANATION: Federal East Coast made improvements to the railroad crossings at NE 6t~ Avenue and SE 12t~ Street. Based on an agreement between the City and FEC Railroad the City will pay the cost of any repairs or upgrades to crossings within the City limits. PROGRAM IMPACT: None . FISCAL IMPACT: In the 2002/2003 budget $25,000 was allocated for railroad crossing improvements. It was not known at the time the budget was prepared that these crossings would be upgraded. However since the City is responsible for payment of improvements the balance of the funds will come from the $260,000 budgeted for Roadway Maintenance. Orig. Budget Transfer Amend. Budget 302-4905-580-63-23 $ 25,000 $46,290 $ 71,290 Railroad Crossing Upgrades 302-4905-580-63-08 $260,000 ($46,200) $213,710 Roadway Maint. Program ALTERNATIVES: None - City is required to make payment for upgrades. ) ! Department Head_'s Signature ' ~ity Manager's Signature Department Name City Attorney ! Finance / Human Resources S:~BULLETINXFORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS MARCH 18, 2003 1. Florida East Coast Railway ................................................................. 71,289.77 Pay from Capital Improvement Program RR crossing upgrades 302-4905-580-63-23 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR FLORIDA EAST COAST RAILWAY COMPANY ORIGINAL INVOICE '~,NT Show this Reference No. on all correspondence · [.6524569 01/14/03 DATE DUE ~ This invoice is due and payable not later than _· 01/2 9/0 3 C I TY OF BOYNTON BCH m CASE OF ANY EXCEPTION TO THIS INVOICi-~ 120 NE SECOND AVE CONTACT AcCOUNTSRECEiVASLE BOYNTON BCH FL 33435 FEC RAILWAY CO., ST. AUGUSTINE, FL. PHONE: (800) 342-1131 EXT: 2228, 2229, 2230, 2231 )riginal Doc No --' AFE 720103:Cros'singRebuilt ,E POST 311 ~ 4819 FT 6TH AVENUE PLEASE REMIT ... ~1,.~ 40,338.00 us FUNDS ONLY )ICE REMITTANCE SLIP OF BOYNTON BCH - 6524569 I ~NVO~CEDATE 01/14/03 ~ECEIVE PROPER CREDIT ~ DETACH THIS PORTION OF THE INVOICE DATE DUE AIL IT WITH YOUR CHECK TO: 01/29/03 DA EAST COAST RAILWAY CO. [,LC ' 863029 AUOU.T 1-- AMOUNT PAID ON THIS BI[ I ;L , FT. 32886-3029 40,338.00 US FUNDS ONLY · Comment FLORIDA EAST COAST RAILWAY COMPANY ORIGINAL INVOICE IPORTANT Show this Reference No. on all correspondence · 16524578 01/15/03 This invoice is due and payable not later than · 01/30/03 IN CASE OF ANY EXCEPTION TO THIS INVOICF, CITY OF BOYNTON BCH CONTACT ACCOUNTS RECEIVABLE 120 NE SECOND AVE FEC RAILWAY CO., ST. AUGUSTINE, FL. BOYNTON BCH FL 33435 PHONE: (800) 342-1131 EXT: 2228, 2229, 2230, 2231 Original Doc No AFE 720105:CrossingRebuilt ILE POST 312 + 5130 FT E 12TH STREET ~ I ! PLEASE REMIT --·1 30,951.77 I US FUNDS ONLY VOICE REMITTANCE SLIP iSTOMER NUMBER / NAME 188752 I INVOICE NUMBER J INVOICE DATE TY OF BOYNTON BCH 6524578 01/15/03 ) RECEIVE PROPER CREDIT ~ASE DETACH THIS PORTION OF THE INVOICE - DATE DUE I CHECK NO. CHECK DATE D MAIL IT WITH YOUR CHECK TO: 01/30/03 I US FUNDS ONLY "~er Comment VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City comrmssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the March 18, 2003 City Commission Agenda under Public Hearing as a tabled item. The applicant will be requesting further postponement of the Planning and Development Board review from February 25, 2003 to March 25, 2003, and therefore requests postponement of the Commission hearing from March 18, 2003 to April 1, 2003. To keep the current advertisement valid, the tabling should be date specific. The request for postponement is to allow additional time for the applicant to coordinate the review by the Quantum Park Architectural Review Committee (see attached request for postponement). EXPLANATION: PROJECT: Gateway Plaza (COUS 02-005) AGENT: H. Burton Smith, P.E. OWNER: KWB Charitable Trust LOCATION: Lot 92 - Quantum Parka PID (Northeast comer of High Ridge Road and Gateway Boulevard, Quantum Park PID) DESCRIPTION: Request for conditional use/site plan approval for a gas station/convenience store with car wash proposed as the first phase of construction on the 6.54-acare parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: "x~' N/A L~a ~{,,1/t.t~[ ALTERNATIVES: /_.~5 jp~ _N/A ~ DeveloplI:~t'~epalrrrn~nt Direcfor - ~2~t~ Manager's Signature Planning and Zo~g Director City Attorney / Finance / Human Resources S:hUlanningXSHARED\WPLPROJECTS\Quantum-Gateway Plaza\COUS 02-005~Agenda Item Request Gateway Plaza COUS 02-005 3-18-03.dot S:~BULLETIN~ORMS',AGENDA ITEM REQUEST FORM.DOC Sent By: LAW#OFFICE ; 561 272 6831; Feb-18-03 2:47PU; Page 2/2 WEINIER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swimlton Avenue Delmy Beach, Rorida 33444 Telephone: (5611 265-2666 Telecopier: (561) 272-6831 E-mail: clelraylaw@bellsouth.net OF COUNSFL: MlCl'b ,EL S. WEINER ROaF. m' M~,R~ SCJ4WJU;*;rz, CARO .E J. ARONSON Ro~ida ear Beam Ce~Jfie<m SASO! I S. MANKOFF Real Estate Lawyer February 18, 200:) Via Telecopier & Regular U.S. Mail Ms. Janet Prainit~), City Clerk City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Mr. Kurt Bressner, City Manager Cib/of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: City Commission Heeling Our File No.: PACD002 Dear Janet and Kurt: On behalf of our client, Pace Development Corporation, the agent, H. Burton Smith, P.E. and the owner, KWB Chad[able Trust, we wish to inform you of the following. We have been unable to obtain a meeting with the Quantum Park Owners' Association and since we realize that a decision by the Quantum Park Owners' Association is considered to be a precondition to consideration by the City Commission, we request a postponement of the Conditional Use/Site Plan Approval for Lot 91 of Quantum Park. j~se call me ~ou should have any questions. Mr. Bruce Gay (via telecopier) M~. Michael Rumpf (via telec~pier) James Chemf, Esquire (via telecopier) Mr. Charles Pace (via regular mail) Mr. Kevin Kramrne~ (via regular mail) G:,~ACOOo2%elter Prain ~m-I~ree~l~'.Fcb3,wpd, VIII.-PUBLIC HEARING CITY OF BOYNTON BEAC ITEM B. AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) ~ February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [-'[ March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) '~ March 18,. 2003 March 3, 2003 (Noon) [] Admmislrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing , . Legal [] Bids [] Unfimshed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the February 18, 2003 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-018. EXPLANATION: PROJECT: Sehnars Business Center (ABAN 02-003) AGENT: Jeffrey T. Schars, Schars Engineering Corp. OWNER: Ruth T. Dolly LOCATION: 924 North Federal Highway DESCRIPTION: Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: ~' N/A ALTERNATIVES~ N/A ~ Devel01~ent De~-artme~i-Di/ector 1/lanning and'~onmg/~)ir~ctor City Attorney / Finance / Human Resources SSPlanningXSHARED\WPXPROJECTSXSchnars Business C~XABAN 02-003XAgenda Item Request Schnars Bus. Ctr ABAN 02-003 2-18-03.dot S:\BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-019 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf~Lb~?-'~' Planning and Zoning Director FROM: Maxime Ducoste-Am~d~e Planner DATE: January 17, 2003 SUBJECT: Abandonment of a 20-foot wide alley lying between Lots 21,22, 23 andlot 20 in Block 4, Lake Addition to Boynton (ABAN 02-003). NATURE OF REQUEST The applicant and contract purchaser, Jeffrey T. Schnars, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 8th Avenue and N.E. 9th Avenue. This request to abandon a public alley was submitted on November 11, 2002. This abandonment is for the following unimproved platted alley segment: A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and Lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the street ~ight-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North - N.E. 9t' Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C-4; South - An auto repair business (ND Auto Repair shop), zoned C-4; East A single-family neighborhood, zoned R-l-A; and West North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The properties located on the east and west sides of the alley segment to be abandoned are under a purchase Page 2 Memorandum No. PZ 03-019 '~BAN 02-003 contract by the applicant Jeffrey T. Schnars. The applicant has the intention of vacating the 20-foot alley to consolidate the property and facilitate the development of an office / retail project (see Exhibit "C"- Site Plan). Specifically this area will be used for the driveway for the proposed site plan. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the lot/easement will revert to the adjacent property owners. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities Approval with conditions (see Exhibit "C") Planning and Zoning No objection PUBLIC UTILITY COMPANIES Florida Power and Light Approval with conditions (see Exhibit "C") Bell South No objection Flodda Public Utilities Company No objection Cable Company (Adelphia) Approval with conditions (see Exhibit "C") Cable Company (Comcast) N/A RECOMMENDATION Staff recommends that this request to abandon the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:\Plannmg~SHARED\WP\PROJECTS'Gcflnars Bus~ness Center)~ABAN 02-O03~staff report.doc Location Map EXHIBIT"A" SCHNAR$ BUSINESS CENTER N EXHIB: "B" , PROPOSE '---. ~ LEGEND >..,' ~ ~ ; ABANDOr', VlENT I / L.B. LICENSE BUREAU '~'O ' / P.8. PLAT BOOK / / P.S.M. PqOCE$SIONAL SUPVE¥OR AND '/1~ / / P.O.B. PO[Nf OF BEGINNING / P.B.C,R.PALM OE'~CH COUNTY RECORDS ,~,~ ~OUTH L~NE NE 9tH AVEP,iUE~ ~ & NORTH LrNE BLOCK 4 " ~ 589'48'33'E m ,~ / ME CORNE~ ~ zJ' LOT 21 NW CORNER LOT 20 / / 2t EAST LINE LOT 2~ ,,' / ~ EAST L~qE% LOT 25 --~ '~WE%T LH,~E LOT 20 / / / SE COPNER ~ / 1~ LOT 23 .... ~5' ALLEY N89'481331W P.B. II, PG. 7L P.B.~.R. / / PER FDOF ~/~ 11 ~ST OATEO 6-I-6I . / ~ / THE SOUFH Li~JE I ~ ' '0~IClHAL LOT LNE / ~¢j /0F LOT 23 SKETCH OF DESCRIPTION (ALLEY VACATION) 20-FOOT ~,LiEr L~rfIC, BETWEEq onsu/tI,~¢ .n¢Ine~rs SCALE ":]0' LOT 20 AIIO LOtS 2~ THROUGH 23 c Jot~asr arta~rtc~otgva~o LAKE ADDITION FO BOYfITON. c-~*,[ r**,oo~.s~.co. ~e *o. 8e~o ~G. BY JPW P.8. Ii, PO, TI, P.B.C.R. SHEET ~ OF ~ EXHIBIT "D" Conditions of Approval Project name: Schnars Business Center File number: ABAN 02-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. The proposed replacement easement shall be no less in width than the X existing alley. Per the proposed site plan the twenty (20) foot alley shall be replaced with a twenty (20) foot utility easement. 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. UTILITIES Comments: None X FIRE . Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 3. Adelphia will move all facilities to the new easement contingent upon the X removal of FPL facilities. 4. Any and all costs resulting in the relocation or removal of Adelphia X facilities due to said abandonment will be borne by the customer and/or property owner and/or requesting party. 5. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c) Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or requesting party. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Iafli~ng~SHARED~WP~ROJECTS~Schner~ Bu~tne~ Ct~a~AN 02-003~COA.dOc VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) .'. [] January21,2003 January6,2003 (Noon.) [] March l8,. 2003 March 3, 2003 (Noon) '' [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating · [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the March 18, 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 6 to 1 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. PZ 03-052. EXPLANATION: PROJECT: Beck's Towing & Recovery (LUAR 03-001) AGENT: Carl A. Cascio, P.A. OWNER: Custom Property Services, Inc. (Contract Pending) LOCATION: 410 N.E. 5th Avenue DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I); and Request to rezone subject property from C-4 General Commercial to M-1 Industrial. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~ N/A Deve~nlent b'~p-artl~n[ffirector ~l'ty Manager's Signature Planning and Zoning~i(-ec"t-6r City Attorney / Finance / Human Resources S :~lanning~SHARED\WP~ROJECTS~Beck's Towing & Recovery~LUAR\Agenda Item Request Beck's Towing & Recovery LUAR 03-00 l 3-18-03.dot S:~BULLETINYFORMS%GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANN1'NG & ZONZNG DZVZSTON MEMORANDUM NO. PZ 03-052 TO: Chairman and Members Community Re..d.de~v~elop~t Agency Board and City Commission FROM' Dick Hudson, Senior Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: February 24, 2003 PROJECT NAME/NUMBER: Beck's Towing and Recovery/LUAR 03-001 REQUEST: To reclassify the property from General Commercial (GC) to Tndustrial (T) and rezone from C-4 General Commercial to M-1 :Industrial PRO3ECT DESCRZPTZON Property Owner: Custom Property Services, Tnc. Applicant/Agent: Stephen Beck/Carl A. Cascio, P. A. Location: 410 N. E. 5t~ Avenue (Exhibit "A'~ Existing Land Use: General Commercial (GC) Existing Zoning: C-4 General Commercial Proposed Land Use: ~[ndustrial (T) Proposed Zoning: M-:~ Tndustrial Proposed Use: Auto towing and storage Adjacent Uses and Zoning: North: Right-of-way of N.E.5th Ave., then vacant property designated General Commercial (GC) and zoned C-4 General Commercial South: Developed single-family residence, then auto-related uses, both designated General Commercial (GC) and zoned C-4 General Commercial Page 2 File Number: LUAR 03-001 Beck's Towing and Recovery East: Improved alley-way, then developed office-warehouse facility housing a variety of businesses, including glass replacement and metal work, designated Industrial (I) and zoned M-1 Industrial. West: Right-of-way of N.E. 3rd Street, then developed office-warehouse facility designated General Commercial (GC) and zoned C-4 General Commercial PR03ECT ANALYS]:S The parcels, which are the subject of this land use amendment, total 0.50 acres (21,900 square feet). Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Adrnin/strat/on and Enforcement, Item C. Comprehensive P/an Amendments: Rezon/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezon/ng would be cons/stent w/th applicable comprehensive p/an po#c/es including but not limited to, a prohibit/on against any increase in dwelling unit dens/b/exceeding 50 in the hurricane evacuation zone without written approval of the Pa/rn Beach ¢ounb/ Emergency Planning D/v/s/on and the C/b/'s risk manager. The planning department shall a/so recommend 7/rn/tab'ons or requirements, which would have to be imposed on subsequent development of the property, in order to comply w/th po#c/es contained in the comprehensive p/an. Policy 1.19.4 of the Land Use Element reads: "The C/b/shall continue to encourage and enforce the development of industrial/and as industrial parks or concentrated industrial areas in order to max/rn/ze the linkage between complementary industries." The area adjacent to the subject parcel contains a variety of auto-related businesses. The requested land use amendment and rezoning will allow another such business to locate proximate to those existing uses, thus providing greater opportunities for linkages. Policy 1.9.5 of the Land Use Element reads (in part): "The C/bi, by 2002, shall conduct stud/es and/or prepare redeve/oprnent plans for areas designated by the Primary Target Areas Over/ay. The plans shall, in part, implement or further the adopted Boynton Beach 20/20 Redeve/oprnent Ffaster P/an with use provisions, development standards and design criteria which may address public improvements, infrastructure, building p/acernent, architectural character, streetscape, Page 3 File Number: LUAR 03-00:~ Beck's Towing and Recovery s/gnage, /andrnark opportun/t/es and un/fy/ng des/gn concepts. Zrnp/ernentat/on rnnechan/srns may/nc/ude, but are not//rn/ted to, adopt/on of overlays/n the/and deve/oprnent regu/at/ons, amendments to/and development regular/ohS, and/or through rezon/ng to new or ex/st/ng d/str/cts. . ." The t-/eart of Boynton Comrnun/ty Redevelopment P/an, as adopted on December 4, 2001, is an implementation measure of the cited policy. The "Proposed Land Use Map" for the redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently designated ":Industrial" should be extended westward to include the property on the east side of N.E. 3rd Street (see Exhibit "B'~. This extension of the industrial-designated land would include the subject property. b. Whether the proposed rezon/ng would be contrary to the established/and use pattern, or would create an isolated d/strict unrelated to adjacent and nearby d/str/cts, or would const/tute a grant of spec/al priv//ege to an/nd/v/dual property owner as contrasted w/th the protect/on of the pub/lc we/fare. The requested rezoning would not create an isolated district, but would relate to the adjacent land use designations to the east and to the existing uses in the area generally surrounding the subject property. (The use of the property abutting the south side of the subject site, as a single-family dwelling, is nonconforming with the uses permitted in C-4 General Commercial.) The proposed change is consistent with recommendations of the Heart ofBoynton Comrnun/ty Redevelopment Plan. c. Whether changed or chang/ng cond/t/ons make the proposed rezoning desirable. The adoption of the Heart of Boynton Corrnrnun/ty Redevelopment P/an, in 200l, and the recommendations of that plan make the proposed rezoning desirable ~s a step toward implementation of the plan. d. Whether the proposed use would be cornpatib/e w/th ut//ity systems, roadways, and other public fac#it/es. Properties less than one acre in size are not required to prepare comparisons of water and wastewater demands. Since no additional development is proposed at this time on the subject property, no changes are anticipated in the demands on either water or wastewater. Neither are there any anticipated increases in traffic impacts. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the ].0-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezon/ng would be cornpat/b/e w/th the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. Page 4 File Number: LUAR 03-001 Beck's Towing and Recovery As stated above under "Project Description", the existing uses generally surrounding the subject site are intense commercial and industrial uses. The proposed land use amendment and rezoning would generally be compatible with existing uses of adjacent properties. f. Whether the property is physically and econornica//y developable under the existing zoning. The property is currently developed and used as the site of a nursery and lawn maintenance business and could be redeveloped with a broad range of high intensity commercial uses. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, intensity, use, value and consistency with Comprehensive Plan policies. As indicated above, impacts of the proposed project on the service delivery and transportation systems will be negligible. It is consistent with the cited Comprehensive Plan policies. h. Whether there are adequate sites elsewhere in the c/bi for the proposed use, in districts where such use is already a/lowed. The amount of land designated for industrial uses is very limited, particularly in the part of the City east of 1-95 so it is doubtful that other sites for this use can easily be found. This location is convenient to the downtown as well as to other ancillary auto-related uses that serve the residents of the City. I;ONCLU$1:ONS/RECOI~II~IEN DATZON$. As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included as Exhibit "C". A'n'ACHM ENTS .]:\SHRDATA\Planning\SHARED\WI~PRO.1ECT~Bedt'S Towing & Recovet~LUAR\STAFF REPORT.doc Location Map BECK'S TOWING Exhibit/' --- REC-E3 '~o R: R3 "- NE 5TH-AVE-- ,,..j NE " z ;SITE rrf- Z z u./t CBD PU N $ The Heart of Boynton Redevelopment Master Plan Exhibit B ",', ,i' '~ iii i~~ ~!~__~ ',',~r'- ? r,~~ "~-'--* Proposed Land Use M~ Figure 16 i' Strategic Planning Group, Inc. Page 53 I (800) 213-PLAN XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Discuss activities, organization and objectives of Community Redevelopment Agency (CP,~). EXPLANATION: The Boynton Beach CRA has been "independent" for two years. The City Commission retains oversight responsibility fo rthe CRA, makes all appointments to the CRA Board and ratifies major activities. The City Commission should periodically discuss the progress and direction of the CRA to ensure compliance with City redevelopment policy and objectives. PROGRAM IMPACT: None FISCAL IMPACT: None Department Head's Signature - City Manager's Signamr~ Department.Name . City Attorney / Finance / Human Resources SSBULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC XlI. - LEGAL ITEM A. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January21,2003 January6,2003 (Noon.) [] March l8,. 2003 March 3, 2003 (Noon) c2: ~_~ [] Admimstrafive [] Development Plans m NATURE OF [] Consent Agenda [] New Business ~'~ AGENDA ITEM [] Public Hearing [] Legal -'-92~ ..... [] Bids [] Unfinished Business ¢o ' [] Announcement [] Presentation co [] City Manager's Report RECOMMENDATION: Please place this request on the March 18, 2003 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved the Land Use Amendment Ordinance under Public Hearing, Legal, Ordinance - First Reading on February 18, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-022. EXPLANATION: PROJECT: Schnars Business Center (LUAR 02-013) AGENT: Jeffi'ey T. Schnars, Schnars Engineering Corporation OWNER: Ruth R. Dolly LOCATION: 924 North Federal Highway DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Mixed use (MX)~ PROGRAM IMPACT: N/A FISCAL IMPACT: _-- N/A ALTERNATIVES: ~')~'~ N/A . Developmenl~e~3xtnllen~ctor ~ "*"' - "~ l~I~na"~[r's SignatUre S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT 924 N. FEDERAL HIGHWAY, CONSISTING OF TWO VACANT PARCELS, (SCHNARS BUSINESS CENTER/SCHNARS ENGINEERING CORPORATION); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; THE LAND USE DESIGNATION IS BEING CHANGED FROM GENERAL COMMERCIAL (GC) (0.35 ACRE PARCEL) AND MIXED USE (MX) (0.17 ACRES PARCEL) TO MIXED USE (MX); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future I~and Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, TltEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Th~/ foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. S~\~.&\ord£n&nces\Pl~xnn£ng\L&nd Use\Schn&rs ~and Use,doc Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as Mixed Use (MX). Said land is more particularly described as follows: Lot 20, less the East 55 feet thereof, and Lots 21, 22 and 23, Block 4, LAKE ADDITION TO BOYNTON BEACH, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 11, page 71. SUBJECT TO restrictions, reservations and easements of record. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If'challenged, it becomes effective upon the issuance ora final order finding it in compliance. FIRST READING this I~ day of F~b~-~t ,2003. / S:\C~\O~d~nances\P~an..'l~ng\Y.~nd Use\Schn&~s L,~nd Ucc.doc SECOND, FINAL READING and PASSAGE this day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) $,\CA\Ordinancel\Planning\~and Use\Schnar! I,anfl Use.doc DEVELOPMENT DEPARTMENT PLA:N~'ING & ZONING DIVISION MEMOR.-kNDL.~,I NO. PZ 03-022 TO: Chairman and Members Community Redevelopment Agency Board Han= m as, 'ta errr6' THROUGH: Michael W. Rumpf/~/~'~ Director of Planning and Zoning DATE: $anua~. 21, 2003 PROJECT DESCRIPTION Project/Applicant: Schnars Business Center/Schnars Engineenng Corporation Agent: Jeffrey T. Schnars Owner: Ruth R. Dolly Location: 924 N. Federal Highway File No: Land Use Amendmenr/Rezoning (LUAR 02-0 !3) Property Description: Vacant property consisting of ~vo parcels: the 0.35 acre parcel classified General Commercial (GC) and zoned General Commercial District (C- 4); and 0.17 acre parcel classified Mixed Use (MX) and zoned Single- Family Residential Distr/ct'(R-I-A) Proposed change/use: To reclassify the subject property from General Commercial (GC) to Mixed Use (ND(), and rezone from General Commercial Distr/ct and R-1-A single-Fam/ly Residential to Mixed Use-Low (MU-L) Adjacent Land Uses and Zoning: North: Right-of-way N.E. 9m Avenue, then the building of the Fraternal Order of the Eagle, classified General Commercial (GC) and zoned General Commercial District (C-t) and a parcel developed with a single-~amily home. classified Mixed Use (.'vD() and zoned Single-Family Residential District (R-I-A) South: Developed prol~erty CND Auto Repair), classified General Commercial (GC) and zoned General Commercial District (C-4) and a vacant parcel, classified Mixed Use (NLX) and zoned Single-Family Residential Disrnct (R-l-A) East: Developed single-famiIy home, classified Mixed Use (NLX) and zoned Single-Family Residential District (R-t-A) Page 2 File Number: L U.~q. 02-013 Schnars Business Center West: Right-of-Way of Federal High;vay, then developed various commercial properties (including auto-related) classified General Commercial (GC) and zoned General Commercial District (C-a) PROJECT .-kNALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. if the amendment involves a residential land use. the density must be 10 dweiling units or less per acre. An exception to the density, limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. The subject property contains +0.52 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted pr/or to lo,yarding to the Florida Department of Community Affairs, and is not reviewed by the state for compliance with the state, re~onal and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in d, velling unit density ~r. ceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning depar, tment shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. -Fne applicant proposes to develop the property, with a retail-office building. Moreover, Wen the residential density permitted under the proposed Mixed Use-Low designation (40 units per acre) and the size of the subject parcel, the potential number of units that could be developed is well under 50. Policy I. l 3.3 states, "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment il[aster Plan, and the policies contained in the Coastal Management Element." The subject property is located within the Federal Highway Corridor. The use that the applicant proposes is permitted under Mixed Use-Low, a zoning district created as part of the implementation of the Federal High,vt~v Corridor Community Redevelopment Plan, approved by the City Commission in May I. 5,200 !.. This plan was created as one of the redevelopment plans recommended by the Bovnton Beach 20/20 Redevelopment Master Plan. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby Page .3 File Number: LUAR 02-013 Scl'mars Business Center districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. La this portion of the Federal Highway Corridor. parcels fronting Federal Highway on both east and west sides are designated General Commercial (GC) and zoned General Commercial District (C--t), which is the city's most intensive commercial zoning district. The C-a zoning allows for some uses that are generally considered incompatible when contiguous to a residential community,. There is an established single-family residential neighborhood to the east of the subject parcel. The said residential neighborhood is, however, designated Mixed Use. Hence, the requested amendment would not create an isolated or unrelated district, but, since commercial uses allowed under Mixed Use-Low zoning are less intensive than uses allowed under the C4 zoning, the proposed zoning will create a better transition to the residential neighborhood. The maximum height allowed for commercial developments in the NfU-L district is 75 feet. The proposed project's three story building's height will be below the maximum 45 feet allowed under the current C4 zoning and is a good example of the vision indicated in the corridor plan. c. F/he&er changed or changing conditions make the proposed land use amendment,/r~oning desirable. The changing conditions make the proposed land use amendment and rezoning desirable. The Federal tiighway Corridor Community Redevelopment Plan has recommended the changes of zoning in Planning Area fi, where the subject parcel is located, chiefly to create a desired appearance of a neighborhood which, being adjacent to the downto~vn core area, is a gateway to the city. The recommendations were also aimed at promoting the sense of neighborhood, by eliminating heaw commercial uses and those uses that are automobile-oriented. Any redevelopment activities in Planning Area ff consistent with the above objectives would support increasing developers' interest in the downtown core area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Given the size of' the parcel, the potential increase in water and sewer demands is insignificant. With respect to solid waste, the Solid Waste Authority has stated in a letter dated December l 8, 200 l,. that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning period. Lastly, drainage will be reviewed in detail as part of the review of the site plan, and must satisfy' all requirements of the city and local drainage permitting authorities. The proposed project will generate about 3a additional trips per day as compared to that generated by a potential maximum intensity commercial development combined with one single-family home on the site. A traffic, impact statement for this project was submitted and sent to the Palm Beach County Traffic Di~sion for their review and approval. e. I~Ttether the proposed land use amendment/rezoning would be compatible with the current and future use of J~djacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed land use amendmentfrezoning is compatible with the current and future use of properties located to the north, south and west of the subject property, and would represent an increase in compatibility with the residential neighborhood adjacent to the site. On the other Page 4 File Number: LUAR 02-0 l 3 Schnars Business Center hand, commercial uses that could be placed on the property if it were redeveloped under the General Commercial designation could create incompatibilities. There are no indications that the proposed amendment/rezoning would have negative impact on property values. f ~Yhether the property is physically and economically developable under the e.'cisting zoning. Physically, the two parcels could be developed independently, one with a commercial building and the other with a single-family home. The mar~nal depth of the parcel fronting Federal Highway limits its potential for development consistent with the recommendations of the Federal Highway Corridor.Commzmirv Redevelooment Plan as well as its potential for development that would be economically feasible. g. grhether the proposed land use amendment/rezoning is of a scale which'is reasonably related to the needs of the neighborhood and the city as a whole. The site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired type of uses and appearance. The amendment would eliminate undesirable heaw commercial uses and thus have a positive impact on the neighborhood. h. Whether there are adequate sit~s elsewhere in the city for the proposed use, in districts where such use is already allowed. There are vacant commercial sites that woulc .y accommodate the proposed use. However, placing the use on the subject property has the -;¢nefits of promoting the city's development and redevelopment objectives as stated in the Comprehensive Plan and downtown redevelopment plans. C ONCLUSIONS/RE COM'~IENDATIONS As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; will not create additional impacts on infi-astrucrure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses; will further the corridor redevelopment plan and will contribute to the overall economic development of the City. Therefore, staff recommencl~ that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C'. ATTACHMENTS j3$NRDATA'~Ptannin$'~HAR. ED\WI~pII. O/ECTSM~',I~nar'I Iluaines,i Ctr~LUAR 0~-011~.-~TAFI~ R.~PORT !ie. lma~.do~ Location Map EXHIBIT"A" SCHNARS BUSINESS CENTER XII. - LEGAL ITEI~I A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21,2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Admimstrative [] Development Plans c · .~.r-< NATURE OF [] Consent Agenda [] New Business -n z AGENDA ITEM [] Public Hearing [] Legal c~ ,7 [] Bids [] Unfinished Business ~,o [] Announcement [] Presentation --o . - .: [] City Manager's Report < > RECOMMENDATION: Please place this request on the March 18, 2003 City Commission Agenda under ,m Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, approved this request under Public Hearing, Legal, Ordinance - First Reading on.February 18, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-030. EXPLANATION: PROJECT: Coastal Bay Colony (LUAR 02-014) AGENT: Carlos Ballbe, Keith & Ballbe, Inc. OWNER: Southern Homes of Palm Beach, LLC LOCATION: 2421 & 2505 South Federal Highway; 504, 510, 514, & 520 S.E. 23ra Avenue DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential (20 du/ac); and Request to rezone the subject property from C-2 Neighborhood Commercial and C-3 Coccuuunity Commercial to Infill Planned Unit Development (IPUD) for 65 fee-simple townhouse units on 4.34 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: ~-, N/A <~~1,~ ALTERNATIVES~~ N/A Devel~f~ent~De~a~l{e~t DireCtor ' ~ity ~4anager's Signatt~re Planning'arid Zoning 1O~e~tor /// ' City Attor~3//Fk,;_ance / Human Resources S:~Planning~SHARED\WPWROJECTS\Coastal Bay Colony\LUAR02-014\Agendal4tem Request Coastar'Bay Colony LUAR 02-014 3-18-03.dot SSBULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- 008 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED AT 2505 SOUTH FEDERAL HIGHWAY KNOWN AS COASTAL BAY COLONY; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL TO SPECIAL HIGH DENSITY RESIDENTIAL (SI-IDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton 'Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are tree and correct and incorporated herein by thi_sl'eference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as $ ~ \cA\Ord~.rmnce~\~l. ann£ncj\Imnd O'~e\eo&~t.&l. ~&y L,~tnd U~e. doc SHDR (Special High Density Residential). Said land is more particularly described as follows: SEE ATTACHED EXHIBIT "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days alter adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this I/~ day of ., 2003. SECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNT. ON BEACH, FLORIDA Mayor Vice Mayor CommiSsioner .- Commissioner Commissioner ATTEST: City Clerk S ~ \CA\Ordinancea\Planning\Lan~ U~e\Coa~al Ba~ ~and U~e.~o~ LEGAL DESCRIPTtQN" LOTS 14. AND 15 OF "ROBINSON'S ADDITION TO BOYNTON BEACH, FLORIDA" ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2.5, PAGE 14.4. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. pARCEL 2:' BEGIi~ING AT A POINT 207.78 FEET SOUTH OF THE NORTHWEST CORNER OF THE ',4ORTHEAST 1/4. OF THE SOUTHEAST 1/4. OF SECTION 53, TOWNSHIP ,4-.5 SOUTH, RANGE 4.3 EAST; THENCE EAST PARALLEL TO THE NORTH LINE OF SAI0 NORTHEAST 1/4. OF THE SOUTHEAST 1/4. 64.7.07 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF WAY LINE OF THE DIXIE HIGHWAY; THENCE SOUTHERLY, ALONG SAID WESTERLY GHT-OF-WAY LINE TO A POINT 385.56 FEET SOUTH OF THE SAID NORTH LINE OF SAID NORTHEAST 1/4,. OF THE SOUTHEAST 1/4. TO A CONCRETE MONUMENT; THENCE wEST 628.11 FEET, MORE OR LESS, AND PARALLEL TO THE "SAID NORTH LINE OF SAI0 NORTHEAST 1/4. OF THE SOUTHEAST 1/4- TO THE WEST LINE OF SAID . THEAST 1/4. OF 'THE SOUTHEAST 1/4.; THENCE NORTH 177.78 FEET, MORE or LESS, TO THE POINT OF BEGINNING. LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA, BY INSTRUMENT DATED JANUARY 24., 1958, FILED: JANUARY 2.7, 1958 AND RECORDED IN O.R. BOOK 150, PAGE 370, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR ROAD RIGHT OF WAY PURPOSES. PAIRGEL 3: AI~L ~AT'PART OF THE SOUTHEAST 1/4. OF SECTION' 33, TOWNSHIP ¢5 SOUTH, RANGE 4.3 EAST, PALM BEACH COUNTY, FLOR1DA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING At A CONCRETE MONUMENT IN THE '/VEST LINE OF THE RIGHT OF way OF U.S. HIGHWAY NO. 1, WHICH IS 385.58 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4. OF SAID SECTION ;]3; AND RUNNING THENCE SOUTH ALONG THE WEST LINE OF THE RIGHT OF WAY OF SAil:) U.S. HIGHWAY NO. 1, A DISTANCE OF 100 FEET; THENCE WEST ON a LINE PARALLEL WITH THE SAID NORT'rl lINE OF SAID SOUTHEAST 1/4. OF SAID SECTION 33, A DISTANCE OF 350.0 ,FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF THE sOUTHEAST 1/4 OF SAID SECTION 33 TO A POINT WHICH IS 385.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 174 OF SAID SECTION 33; THENCE EAST ON a LiNE PARALLEL WITH THE SAID NORTH LINE OF. SAID SOUTHEASt 1/4. OF SAID SECTION 33 TO THE POINT OF BEGINNING. LESS THE RIGHT OF way FOR U.S. NO: 1 (STATE ROAD NO. 5). LEGAL DESCi~IPT. ION: LOTS 16, 17 AND 18, "ROBINSON ADDITION" ACCORDING TO THE PLAT. THEREOF AS RECORDED IN PLAT BOOK 23, AT PAGE 14.4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. DEVELOPMENT DEPARTMENT PLANNTNG & ZONZNG DIVTSZON MEMORANDUM NO. PZ 03-030 TO: Chairman and Members Comm~/~edevelopment Agency Board FROM' Dick H~ll~, Senior Planner THROUGH: Michael W. Rumpf.~L;~' Director of Planning and Zoning DATE: January 27, 2003 PRO3ECT DESCRI'PTZON Project/Applicant: Coastal Bay Colony/Southern Homes of Palm Beach, LLC Agent: Keith & Ballb&, ]:nc./Carlos Ballb& Owner: Southern Homes of Palm Beach, LLC Location: 2505 South Federal Highway (Wishing Well Motel and adjacent properties) (See Exhibit "A'~ File No: Land Use Amendment/Rezoning (LUAR 02-014) Property Description: Vacant and developed property consisting of ±4.34 acres, classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial and C-3 Community Commercial. Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) at 20 du/ac, and rezone from C-2-Neighborhood Commercial and C-3-Community Commercial to [PUD-]:nfill Planned Unit Development to redevelop the property as a 65 unit fee simple townhouse community. Adjacent Land Uses and Zoning: North: To the northeast developed commercial property (Sunoco gas station) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial; to the northwest~the right-of-way of SE 23~ Avenue (Golf Road), then developed property (residential and small offices) classified Local Retail Commercial (LRC) and zoned C- 2-Neighborhood Commercial. South: Developed commercial property (dental office) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial. Page 2 File Number: LUAR 02-014 Coastal Bay Colony East: Right-of-way of Federal Highway then developed multi-family residential (Hampshire Gardens condominiums) designated High Density Residential (HDR) at 10.8 du/ac and zoned R-3-Multi-family Residential. West: Developed residential property (Los Mangos) designated High Density Residential (HDR) at 10.8 du/ac and zoned R-3-Multi-family Residential. I~tASTER PLAN ANALYS]:$ Under its present land use the property could be developed for the range of commercial uses permitted within the existing Local Retail Commercial designation. This land use designation also allows rezoning to the TPUD zoning district at a density of 10.8 dwelling units per acre for a total of 46 units. The developer is requesting a change of land use to the Special High.Density Residential classification to develop 65 fee-simple townhouses and accessory amenities. The City Commission adopted the Federal Highway Corridor Redevelopment P/an on May 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting downtown redevelopment. ]:t also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. Implementation of the P/an included an amendment to the Land Development Regulations to create the IPUD zoning district. This zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the IPUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. Staff has determined that the layout of the buildings, the variety of floor plans and elevations, the internal circulation and the allocation of parking are in a configuration that creates a pedestrian-friendly development that provide the feel of a neighborhood, rather than simply another townhouse development. PRO.] ECT ANALYSTS. The parcels, which are the subject of this land use amendment, total 4.34 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with §tare, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive P/an Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. gage 3 File Number: LUAR 02-014 Coastal Bay Colony a. Whether the proposed rezoning would be cons/stent with applicable comprehensive p/an po#c/es including but not//m/ted to, a prohibit/on against any increase in dwe/#ng unit density exceeding $0/n the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall a/so recommend limitations or requirements, which would have to be imposed on subsequent deve/oprnent of the property,/n order to comply w/th po/ides contained in the comprehensive p/an. The property under consideration is located west of Federal Highway, and therefore is not in the hurricane evacuation zone; however, it is staff's recommendation that the developer provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that will be established. Relevant policies from the Land Use Element of the Comprehensive Plan are: Policy ~..13.3: The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element. Policy :L:~9.7: The City shall continue to change the'land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. The adoption of the ]:nfill Planned Unit Development (IPUD) regulaUons was a direct response to the cited policy directions as well as policy directions in the ?edera/IVighway Corr/dor Community Redevelopment P/an. The introduction to the regulations states: "_rt is a basic public expectation that landowners requesting the use of the IPUD district wi//develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, wi//be dependent on how we//the above stated planning expectations are expressed in the proposed development p/an." As stated above unde~/Vlaster P/an Analysis, the site/master plan design standards exceed the basic development standards for residential zoning districts in terms of site design, building architecture, amenities and landscape design. b. Whether the proposed rezon/ng would be contrary to the established/and use pattern, or would create an isolated district unrelated to adjacent and nearby Page 4 File Number: LUAR 02-014 Coastal Bay Colony districts, or would constitute a grant of spec/a/pr/v#ege to an individual prope.rty owner as contrasted w/th the protect/on of the public we/fare. The proposed rezoning would not create an isolated district, but would relate to the lands both to the east and west, which are developed with high-density residential uses. c. Whether changed or changing conditions make the proposed rezoning desirable. A number of changed and changing conditions make the proposed rezoning desirable. The Federal Highway Corridor Community Redevelopment P/an, adopted by the City Commission on May 15, 200:[, included the following strategy to provide.a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Develop intensity standards that a/iow for a variety of housing sty/es and types at intensities that will assist in supporting the downtown and genera/economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the [nfill Planned Unit Development (1:PUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the [PUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The [PUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels in exchange for a superior residential project that exceeds conventional standards, l:n addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. d. Whether the proposed use would be compatible with utility systems, roadways, and other pub/lc fac/lib'es. (1) Staff has utilized the adopted concurrency level of service standards for water and wastewater and population multipliers by unit type to determine the impacts of the proposed project as compared to redevelOpment of the site under its current zoning. Redevelopment as a commercial use containing 302,480 square feet (sq. ft.) of space (based on 40% lot coverage and 4 story maximum height) would have an average maximum water demand of 26,089 gallons per day and wastewater demand of 11,721 gallons per day. As for the proposed project, the average maximum water demand would be 27,820 gallons per day and the wastewater demand would be 12,519 gallons per day. Currently the City's unreserved water capacity (based on treatment plant and pumping capabilities is approximately :[,500,000 gallons per day. For wastewater the unreserved capacity is approximately 1,950,000 gallons per day. (2) In preparing the traffic study, the applicant utilized a figure of 47,632 sq. ft. of commercial space (based on 25% coverage and one story--a lower estimate than the one staff utilized in f~age 5 File Number: LUAR 02-0:~4 Coastal Bay Colony (2) :In preparing the traffic study, the applicant utilized a figure of 47,632 sq. ft. of commercial space (based on 25% coverage and one story--a lower estimate than the one staff utilized in the water and sewer analysis) to show a projected daily trip generation of 4,210 average daily trips, compared to 451 daily trips under the proposed development. Since the project is expected to generate fewer than 500 trips per day, a traffic impact analysis following the Palm Beach Traffic Performance Standards Ordinance is not required. ]~nformation provided to the City has been forwarded to Palm Beach County's Traffic Engineers for their analysis and comments. (3) The Palm Beach County School District has reviewed the proposed project for school concurrency and states that adequate capacity exists to serve the project. The Concurrency Determination is valid for one year from the date of issuance. Once a development order is issued, the determination will be valid for the life of the project. (4) With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughOut the 10-year planning period. (5) Lastly, drainage will be reviewed in detail as part of the site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would'affect the property values of adjacent or nearby properties. As stated in Item "b"above, the rezoning would relate to adjacent residential lands, both east and west of the subject property. Special design considerations are being proposed by the applicant to offset any potential impacts upon adjacent properties, and'the end results will serve to enhance the property values of adjacent and nearby properties. f. Whether the property is physically and economically developable under the existing zoning. Portions of the property are currently developed with single-family residences and with a motel. Presumably the vacant portions could be developed for commercial uses; however, the fact that no proposal for either development of the vacant portions or redevelopment of the remainder of the site have come forward, indicates that there is little demand for additional commercial development in this segment of the Federal Highway corridor. As noted under Item "a" above, the Comprehensive Plan recognizes this trend and encourages conversion of commercial lands to residential uses (Policy :]...19.7). g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum Page 6 File Number: LUAR 02-014 Coastal Bay Colony potential service needs generated by the proposed project. The proposed use of the site will be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired type of uses and appearance. h. Whether there are adequate s/tes e/sewhere /n the c/ty for the proposed use, in districts where such use is a/ready a//owed. There are no undeveloped properties in the Federal Highway Corridor that are designated for multi-family residential development. Elsewhere in the City, there are only t~vo small parcels, that are vacant remnants of development that are designated for multi-family development. CONCLUSI'ONS / RECOM MEN DAT]:ONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan;-will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included as Exhibit "B". A'n'ACHMENTS .i:\SHRDATA\Ptanning\SHARED\WP~PROJECTS~C.~astal Bay COlOny\LUAR 02-014\STAFF REPORT LUAR.dOC Location Map EXHIBIT"A" COASTAL BAY COLONY Q CTTY OF BOYNTON BEACH AGENDA ZTEM COVER SHEET AND CHECKLTST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aaenda request (with back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below. [ncomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City P & D/CRA Requests Deadline Commission Meeting Clerk's Office Daf,~ ~lDecember 3, 2002 November 18, 2002 (noon) November 27, 2002 (3:00 p.m.) - P & D r--lDecember !7, 2002 December 2, 2002 (noon) December 11, 2002 (3:00 p.m.) CRA r-].lanuary 7, 2003 December 16, 2002 (noon) December 20, 2002 (3:00 p.m.) - P & D E~].lanuary 21, 2003 .lanuary 6, 2003 (noon) .lanuary 15, 2003 (3:00 p.m.) - CRA ['-~February 4, 2003 .lanuary 21, 2003 (noon) .lanuary 29, 2003(3:00 p.m ) - P & D [--1February :18, 2003 February 3, 2003 (noon) February 12, 2003 (3:00 p.m.) - CRA E~March 4, 2003 February 18, 2003 (noon) February 26, 2003 (3:00 p.m.) - P & D ~]March 18, 2003 March 3, 2003 (noon) March 12, 2003 (3:00 p.m.) CRA Departments are responsible for securing the following signatures on attached Agenda Request Form: Department Head [--[ Wilfred Hawkins (for departments under Administrative Services) [--I _ Finance Department (for items that involve expenditure of funds) I~ All back up material is attached· ~ All exhibits are attached & marked (e.g., Exhibit "A'~ [~ Coastal Bay Colony (LUAR t~'bl~l.) Second Reading Please do not write in the shaded area below. Legal Department signature i'-1 City Manager's signature Signature(s) missino [] Incomplete submittal [-I Missed deadline I--I Other F-] Reason: Person contacted to pick up rejected request on ,(Date) by ~ - 7/19/02 S:\Planning\Planning Templates~jenda Item Cover CHECKLI~ form Dec 3-Nlarch 18, 2003.doc XlI. - LEGAL CITY OF BOYNTON BEACH ITEM AGENDA ITEM REQUEST FORM Requested City comrmssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinit Dates in to Qity Clerk's Office Meet*init Dates in to City Clerk's Office r~ December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 2 I. 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21,2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans z ._:-< NATURE OF [] Consent Agenda [] New Business "~ *-: AGENDA ITEM [] Public Hearing [] Legal ~ - [] Bi~ [] Unfiaished Business ~ -' [] Announcement [] Presentation 'm. [] City Manager's Report ~ , ':---"· RECOMMENDATION: Please place this request on the March 18, 2003 City Commission Agenda undi~t ,m Legal, Ordinance - Second Reading. The City Cou,qmsion with a unanimous vote, approved this request under Public Hearing, Legal, Ordinance - First Reading on.February 18, 2003. For tim. her details l~r~ining to the request, see attached Department of Development Memorandum No. PZ 03-030. EXPLANATION: · PROJECT: Coastal Bay Colony (LUAR 02-014) AGENT: Carlos Ballbe, Kcith & Ballbe, Inc. OWNER: Southern Horacs of Palm Beach, LLC LOCATION: 2421 & 2505 South Federal Highway; 504, 510, 514, & 520 S.E. 23~a Avenue DESCR/PTION: Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Couuucrcial to Special High Density Residential (20 du/ac); and Request to rezone the subject property fxom C-2 Neighborhood Commercial and C-3 Co,~umty Co,~u~-grcial to In_fill Planned Unit Development (IPUD) for 65 fee-simple townhouse traits on 4.34 acres. PROGRAM IMPACT: - N/A FISCAL IMPACT: ..., -" ' N/A ~~~ ALTERNATIVES.'~"~ N/A Develo~e~D&~ir~e~t DireCtor - "~l~y-Manager's Sighature S:~ULLE~O~S%GENDA [~M ~QU~T FO~.~ ORDINANCE NO. 03- OOq AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF COASTAL BAY COLONY/SOUTHERN HOMES OF PALM BEACH, LLC; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-2 (NEIGHBORHOOD COMMERCIAL) AND C-3 (COMMLrNITY COMMERCIAL) TO [PUD (INFILL PLANNED UNIT DEVELOPMENT); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Southern Homes of Palm Beach, LLC, owners of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Keith & Ballbe, Inc.,/Carlos Ballbe, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a tract of land consisting of + 4.34 acres, said land being more particularly described hereinafter, from C-2 (Neighborhood Commercial) and C-3 (Community Commercial) to [PUD (Infill Planned Unit Development); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid ReVised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT oRDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S: \CA\Ordinances\Planning\Rezoning\Rezoning -Coastal Bay Colony.doc Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: SEE ATTACHED EXHIBIT "A" De and the same is hereby rezoned fi.om C-2 (Neighborhood Commercial) and C-3 Community Commercial) to IPUD (Infill Planned Unit Development). A location map is atached hereto as Exhibit "B" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Soction 4' All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof >e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this t~ day of tc'~[~rtm, r,~ ,2003. SECOND, FINAL READING and PASSAGE this! day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner - Commissioner Commissioner ATTEST: City Clerk S: \CA\Ordinances\~lanning\Rezoning\aezoning -Coastal Bay Colony.doc LEal DESCRIPTION: PAR.GEL 1= LOTS 14- AND 15 OF "ROBINSON'S ADDITION TO BOYNTON BEACH, FLORIDA" ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2.3, PAGE 14-~- OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 2'.' BEGII~'NING AT A POINT 207.78 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST 1/4. OF THE SOUTHEAST 1/4- OF SECTION 33, TOWNSHIP 4.5 SOUTH, RANGE 4.3 EAST; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID NORTHEAST 1/4- OF THE SOUTHEAST 1/4. 64.7.07 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF WAY LINE OF THE DIXIE HIGHWAY; THENCE SOUTHERLY, ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO A POINT 385.56 FEET SOUTH OF THE SAID NORTH LINE OF SAID NORTHEAST 1/4. OF THE SOUTHEAST 1/4. TO A CONCRETE MONUMENT; THENCE wEST 628.11 FEET, MORE OR LESS, AND PARALLEL TO THE 'SAID NORTH LINE OF SAIO NORTHEAST 1/4.. OF THE SOUTHEAST 1/4. TO THE WEST LINE OF SAID . NORTHEAST 1/4- OF THE SOUTHEAST 1/4; THENCE NORTH 177.78 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. LESS THAT PORTION DEEDED TO THE STATE OF FLORIDA, BY INSTRUMENT DATED dANUARY 24-, 1958, FILED:JANUARY 27, 1958 AND RECORDED IN O.R. BOOK 150, PAGE 370, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR ROAD RIGHT OF WAY PURPOSES. PARCEL 3: Ail ~AT'PART OF THE SOUTHEAST 1/4. OF SECTION' 33, TOWNSHIP 4.5 SOUTH, RANGE 4.3 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT IN THE ',NEST LINE OF THE RIGHT OF WAY OF U.S. HIGHWAY NO. 1, WHICH IS 385.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4. OF SAID SECTION 3,.3: AND RUNNING THENCE SOUTH ALONG THE ~EST LINE OF THE RIGHT OF WAY OF SAID U.S. HIGHWAY NO. 1, A DISTANCE OF 100 FEET; THENCE WEST ON A LINE PARALL:EL WITH THE SAID NORTH UNE OF SAID SOUTHEAST 1/4. OF SAID SECTION 33, A DISTANCE OF 550.0 FEET; THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF THE SOUTHEAST 1/4. OF SAI0 SECTION 33 TO A POINT WHICH tS 385.56 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4. OF SAID SECTION 33; THENCE EAST ON A LINE PARALLEL WITH THE SAID NORTH LINE OF SAID SOUTHEAST 1/4. OF SAID SECTION 35 TO THE POINT OF BEGINNING. LESS THE RIGHT OF WAY FOR U.S. NO; 1 (STATE ROAD NO. 5). LEGAL DESCRIPTION: LOTS 16, 17 AND 18, "ROBINSON ADDITION" ACCORDING TO THE PLAT. THEREOF AS RECORDED IN PLAT BOOK 23, AT PAGE 144 OF THE PUBUC RECORDS OF PALM BEACH [;OUNTY, FLORIDA. Location Map COASTAL BAY COLONY DEVELOPMENT DEPARTMENT PLANN]:NG & ZONI~NG D[VZS]:ON MEMORANDUM NO. PZ 03-030 TO: Chairman and Members Comm~/~edevetopment Agency Board FROM: Dick H~]~lll~, Senior Planner THROUGH: Michael W. Rumpf,~ Director of Planning and Zoning DATE: January 27, 2003 PRO3ECT DESCR1'PT'[ON Project/Applicant: Coastal Bay Colony/Southern Homes of Palm Beach, LLC Agent: Keith & Ballb~, ]:nc./Cados Ballb~ Owner: Southern Homes of Palm Beach, LLC Location: 2505 South Federal Highway (Wishing Well Motel and adjacent properties) (See Exhibit "A'~ File No: Land Use AmendmentJRezoning (LUAR 02-014) Property Description: Vacant and developed property consisting of _+4.34 acres, classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial and C-3 Community Commercial. Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) at 20 du/ac, and rezone from C-2-Neighborhood Commercial and C-3-Community Commercial to ]~PUD-Infill Planned Unit Development to redevelop the property as a 65 unit fee simple townhouse community. Adjacent Land Uses and Zoning: North: To the northeast developed commercial property (Sunoco gas station) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial; to the northwest the right-of-way of SE 23"* Avenue (Golf Road), then developed property (residentJ~i and small offices) classified Local Retail Commercial (LRC) and zoned C- 2-Neighborhood Commercial. South: Developed commercial property (dental office) classified Local Retail Commercial (LRC) and zoned C-3-Community Commercial. P[ge 2 File Number: LUAR 02-0:[4 Coastal Bay Colony East: Right-of-way of Federal Highway then developed multi-family residential (Hampshire Gardens condominiums) designated High Density Residential (HDR) at :[0.8 du/ac and zoned R-3-Multi-family Residential. West: Developed residential property (Los Mangos) designated High Density Residential (HDR) at 10.8 du/ac and zoned R-3-Hulti-family Residential. MASTER PLAN ANALYSIS Under its present land use the property could be developed for the range of commercial uses permitted within the existing Local Retail Commercial designation. This land use designation also allows rezoning to the [PUD zoning district at a density of 10.8 dwelling units per acre for a total of 46 units. The developer is requesting a change of land use to the Special High .Density Residential classification to develop 65 fee-simple townhouses and accessory amenities. The City Commission adopted the Federal Highway Corridor Redevelopment Plan on May ~.5, 200~. to allow for a variety of housing styles at intensities that will assist in supporting downtown redevelopment. :It also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. :Implementation of the P/an included an amendment to the Land Development Regulations to create the :[PUD zoning district. This zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the :[PUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. Staff has determined that the layout of the buildings, the variety of floor plans and elevations, the internal Circulation and the allocation of parking are in a configuration that creates a pedestrian-friendly development that provide the feel of a neighborhood, rather than simply another townhouse development. PR03E(~T ANALYSZS The parcels, which are the subject of this land use amendment, total 4.34 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with _~tate, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendmer~ts and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive P/an Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Page 3 File Number: LUAR 02-0:~4 Coastal Bay Colony a. Whether the proposed rezoning would be cons/stent with applicable comprehensive plan policies including but not tim/ted to, a prohibition against any increase in dwelling unit density exceeding $0 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend/imitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with po/ides contained in the comprehensive plan. The property under consideration is located west of Federal Highway, and therefore is not in the hurricane evacuation zone; however, it is staffs recommendation that the developer provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelter locations through the homeowners' or residents' association that will be established. Relevant policies from the Land Use Element of the Comprehensive Plan are: Policy 1.13.3: The City shall continue to encourage infill development and redevelopment by implementing actions of the Beynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element. Policy 1.19.7: The City shall continue to change the 'land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. The adoption of the Infill Planned Unit Development (IPUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations ~tates: "It is a basic public expectation that landowners requesting the use of the IPUD d/strict will develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construe'on mater/a/s, amen/ties and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parldng spaces, parking lot and circulation design, and setbacks, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan." As stated above under Master Plan Analysis, the site/master plan design standards exceed the basic development standards for residential zoning districts in terms of site design, building ! architecture, amenities and landscape design. b. Whether the propose~ rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby Page 4 File Number: LUAR 02-014 Coastal Bay Colony districts, or would constitute a grant of spec/al privilege to an individual property owner as contrasted with the protection of the public we/fare. The proposed rezoning would not create an isolated district, but would relate to the lands both to the east and west, which are developed with high-density residential uses. c. Whether changed or changing conditions make the proposed rezoning desirable. A number of changed and changing conditions make the proposed rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by the City Commission on May 1,5, 2001,, included the following strategy to provide a strong residential base that is aesthetically inviting: "Encourage a variety of ttousing. Develop intensity ~tandard$ that allow for a variety of housing sty/es and types at intens/b'es that will ass/st/n suPpo~'ng the downtown and genera/economic expansion." l:n response to this strategy, the city adopted amendments to the land development regulations, adding the [nfill Planned Unit Development (]:PUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densiUes for the ]:PUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The [PUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels in exchange for a superior residenUal project that exceeds convenUonal standards. ]:n addition, the South Florida housing market is experiencing a growing popularity'of townhouse developments as a residential unit of choice, particularly in urban areas. d. Whether the proposed use would be compatible w/th utT'/ity systems, roadways, and other pub/lc fac/lib'es. (1_) Staff has utilized the adopted concurrency level of service standards for water and wastewater and population multipliers by unit type to determine the impacts of the proposed project as compared to redevelopment of the site under its current zoning. Redevelopment as a commercial use containing 302,480 square feet (sq. ft.) of space (based on 40% lot coverage and 4 story maximum height) would have an average maximum water demand of 26,089 gallons per day and wastewater demand of 1,1.,72! gallons per day. As for the proposed project, the average maximum water demand would be 27,820 gallons per day and the wastewater demand would be 1-2,5!9 gallons per day. Currently the City's unreserved water capacity (based on treatment plant and pumping capabilities is approximately 1,,500,000 gallons per day. For wastewater the unreserved capadty is approximately 1,,950,000 gallons per day. (2) [n preparing the traffic study, the applicant utilized a figure of 47,632 sq. ft. of commercial space (based on 25% coverage and one story--a lower estimate than the one staff utilized in Page 5 File Number: LUAR 02-014 Coastal Bay Colony (2) In preparing the traffic study, the applicant utilized a figure of 47,632 sq. ft. of commercial space (based on 25% coverage and one story--a lower estimate than the one staff utilized in the water and sewer analysis) to show a projected daily trip generation of 4,210 average daily trips, compared to 451 daily trips under the proposed development. Since the project is expected to generate fewer than 500 trips per day, a traffic impact analysis following the Palm Beach Traffic Performance Standards Ordinance is not required, l~nformation provided to the City has been forwarded to Palm Beach County's Traffic Engineers for their analysis and comments. (3) The Palm Beach County School District has reviewed the proposed project for school concurrency and states that adequate capacity exists to serve the project. The Concurrency Determination is valid for one year from the date of issuance. Once a development order is issued, the determination will be valid for the life of the project. (4) With respect to solid waste, in a letter dated December 18, 200:[ the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. (5) Lastly, drainage will be reviewed in detail as part of the site plan approval, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compare'hie with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properS'es. As stated in Item "b"above, the rezoning would relate to adjacent residential lands, both east and west of the subject property. Special design considerations are being proposed by the applicant to offset any potential impacts upon adjacent properties, and the end results will serve to enhance the property values of adjacent and nearby propertie~. f. Whether the property is physically and economically developable under the existing zoning. Portions of the property are currently developed with single-family residences and with a motel. Presumably the vacant portions could be developed for commercial uses; however, the fact that no proposal for either development of the vacant portions or redevelopment of the remainder of the site have come forward, indicates that there is little demand for additional commercial development in this segment of the Federal Highway corridor. As noted under Item "d' above, the Comprehensive Plan recognizes this trend and encourages conversion of commercial lands to residential uses (PQlicy ~..~.9.7). g. Whether the p~oposed rezoning is of a scale wt,'ch is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum P~'ge 6 File Number: LUAR 02-014 Coastal Bay Colony potential service needs generated by the proposed project. The proposed use of the site will be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired type of uses and appearance. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready a/lowed. There are no undeveloped properties in the Federal Highway Corridor that are designated for multi-family residential development. Elsewhere in the City, there are only two small parcels, that are vacant remnants of development that are designated for multi-family development. C;ONCLUSZQNS I RECOMMENDA TZONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan;. will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If the Planning and Development Board or the City Commission recommends conditions, they will be included as Exhibit "B". A'I-I'ACHMENTS .I:\SHRDATA\P~rmingLSNARED\W~PROJECT~ Bay COIO~y\LUAR 02-014~TAFF REPORT Location Map EXHIBIT"A" COASTAL BAY COLONY , $ XTL - LEGAL TTEH B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 18, 2003 City Commission Agenda ~ Legal, Ordinance - First Reading. The City Commission with a unanimous vote, approved the Land Use Amench/~-~t Ordinance however; First Reading of the rezoning ordinance must return due to it being inadvertently missed und ~e~,~ irs~ Reading on February 18, 2003. Second Reading of the rezoning ordinance will be scheduled for April 1, 2003. details pertaining to the request, see at~ached Department of Development Memorandum No. PZ 03-022. EXPLANATION: PROJECT: Schnars Business Center (LUAR 02-013) AGENT: Jeffrey T. Schnars, Schnars Engineering Corporation OWNER: Ruth R. Dolly LOCATION: 924 North Federal Highway DESCRIPTION: Request to rezone the subject property from C-4 Community Commercial and R-1-A single-Family Residential to Mixed Use-Low (MU-L) for an 8,754-square foot office- retail building on 0.52 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: /~1-" N/A ~~ ALTERNATIVEg:~. ~ N/A Devehsl~mefit Del~Unent I~trector City Manager's Signature elanmng and Zonin~D~"~ctor rff . City Xttoml~y~Fin[mce / Human Resources S:\Planning~SHARED\WP~ROJECTSXSchnars Business CtrXLUAR 02-013V~gend~l Item Request Schnar~Bus. Ct LUAR 02-013 rezone 3-18-03.dot SABULLETIN'ff:ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- O D(o AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF SCHNARS BUSINESS CENTER/SCHNARS ENGINEERING CORPORATION; AME~ING ORDINANCE 02-013 OF SAID CITY BY REZONING TWO PARCELS OF VACANT LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-4 (GENERAL COMMERCIAL DISTRICT) AND R- 1-A (SINGLE-FAMILY RESIDENTIAL) TO MU-L (MIXED USE- LOW INTENSITY); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Ruth R. Dolly, as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through her agent, Jeffrey T. Schnars, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning two parcels of vacant land consisting of 0.35 acres and 0.17 acres, said land being mole particularly described hereinafter, from General Commercial District (C-4) and Single Family Residential (R-I- A) to Mixed Use (MU-Low Intensity); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced~'and WHEREAS, the City Commission deems it in the best interests of the nhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set ~orth. S: \CA\Ordinances\Planning\Rezoning\Rezoning - Schnars. doc NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Lot 20, less the East 55 feet thereof, and Lots 21, 22 and 23, Block 4, LAKE ADDITION TO BOYNTON BEACH, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 11, page 71. SUBJECT TO restrictions, reservations and casements of record. ¢ and the same is hereby rezoned from General Commercial District (C4) and Single Family residential (R-l-A) to Mixed Use (MU-Low Intensity);. A location map is au. ached hereto as ~xhibit "A" and made a part of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof ~ declared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of ,2003. S:\CA\Ordinances\Planning\Rezoning\Rezoning - Schnars.doc ;ECOND, FINAL READING and PASSAGE this ~ day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Rezoning - Schnars.doc Location Map EXHIBIT"A" SCHNARS BUSINESS CENTER DEVELOPMENT DEPART,MENT PLANNING & ZONING DIVISION MEMOtLANDU~[ NO. PZ 03-022 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Planner~ THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: January 21, 2003 PROJECT DESCRIPTION Project/Applicant: Schnars Business Center/Schnars Engineering Corporation Agent: Jeffrey T. Schnars Owner: Ruth R. Dolly Location: 924 N. Federal Highway File No: Land Use Amendment/Rezoning (LUAR 02-013) Property Description: Vacant property consisting of two parcels: the 0.35 acre parcel classified General Commercial (GC) and zoned General Commercial District (C- 4); and 0.17 acre parcel classified Mixed Use (IV[X) an, d zoned Single- Family Residential District'(R- l-A) Proposed change/use: To reclassif, f the subject property from General Commercial (GC) to Mixed Use (ND(), and rezone from General Commercial District (C-4) and R-1-A single-Family Residential to Mixed Use-Low (MIJ-L) Adjacent Land Uses and Zoning: North: Right-of-way N.E. 9a Avenue, then the building of the Fraternal Order of the Eagle, classified General Commercial (GC) and zoned General Commercial District (C~t) and a parcel developed with a single-family home, classified Mixed Use (NLX) and zoned Single-Family Residential District (R- t -A) South: Developed property (ND Auto Repair), classified General Commercial (GC) and zoned General Commercial District (C-4) and a vacant parcel, classified Mixed Use (ND() and zoned Single-Family R~esidential District (R-I-A) East: Developed single-family home, classified Mixed Use (M.X) and zoned Single-Family Residential District (R- !-A) Page 2 File Number: LUAR 02-0 l 3 Schnars Business Center West: Right-of-Way of Federal Highway, then developed various commercial properties (including auto-related) classified General Commercial (GC) and zoned General Commercial District (C-4) PROJECT ANALYSIS Chapter 163, Florida Statutes requires that in order ~br an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than l0 acres in size. If the amendment involves a residential land use. the density must be 10 dwelling units or less per acre. An exception to the density limitation is permitted if the property is in an area designated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. The subject property contains +_0.52 acres, and therefore qualifies as a "small-scale't amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Depatiment of Community Affairs, and is not reviewed by the state for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. g/71ether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density erceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be ~mposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The applicant proposes to develop the property with a retail-office building. Moreover, given the residential density permitted under the proposed MLxed Use-Low designation (40 units per acre) and the size of the subject parcel, the potential number of units that could be developed is well under 50. Policy l. 13.3 states, "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan. and the policies contained in the Coastal Management Eletnent. " The subject property is located within the Federal Highway Corridor. The use that the applicant proposes is permitted under Mixed Use-Low, a zoning district created as part of the implementation of the Federal High,i~av Corridor Comm,tnirv Redevelopment Plan, approved by the City Commission in May 15,2001. This plan was created as one of the redevelopment plans recommended by the Bovnton Beach 20/20 Redevelopment Master Plan. b. ~Vhether the proposed rezoning wo,dd be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby Page .3 File Number: LUAR 02-013 Scl-mars Business Center districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. [n this portion of the Federal Highway Corridor, parcels fronting Federal Highway on both east and west sides are designated General Commercial (GC) and zoned General Commercial District (C-,t), which is the city's most intensive commercial zoning district. The C-4 zoning allows for some uses that are generally considered incompatible when contiguous to a residential community. There is an established single-family residential neighborhood to the east of the subject parcel. The said residential neighborhood is, however, designated Mixed Use. Hence, the requested amendment would not create an isolated or unrelated district, but, since commercial uses allowed under Mixed Use-Low zoning are less intensive than uses allowed under the C~ zoning, the proposed zoning will create a better transition to the residential neighborhood. The maximum height allowed for commercial developments in the MU-L district is.75 feet. The proposed project's three story building's height will be below the maximum 45 feet allowed under the current C-4 zoning and is a good example of the vision indicated in the corridor plan. c. Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. The changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan has recommended the changes of zoning in Planning Area II, where the subject parcel is located, chiefly to create a desired appearance of a neighborhood which, being adjacent to the downtown core area, is a gateway to the city. The recommendations were also aimed at promoting the sense of neighborhood, by eliminating heaw commercial uses and those uses that are automobile-oriented. Any redevelopment activities in Planning Area II consistent with the above objectives would support increasing developers' interest in the downtown core area. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Given the size of the parcel, the potential increase in water and sewer demands is insignificant. With respect to solid ~vaste, the Solid Waste Authority has stated in a letter dated December 18, 200 l,. that adequate capacity exists to accommodate the county's municipalities throughout the 10- year planning period. Lastly, drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. The proposed project will generate about 34 additional trips per day as compared to that generated by a potential maximum intensity commercial development combined with one single-family home on the site. A traffic impact statement for this project was submitted and sent to the Palm Beach County Traffic DiVision for their review and approval. e. [Vhether the proposed land use amendment/rezoning would be compatible with the current and future use o)C adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed land use amendmenr/rezoning is compatible with the current and future use of properties located to the north, south and west of the subject property, and would represent an increase in compatibility with the residential neighborhood adjacent to the site. On the other Page 4 File Number: LUAR 02-013 Scl'mars Business Center hand, commercial uses that could be placed on the property if it were redeveloped under the General Commercial designation could create incompatibilities. There are no indications that the proposed amendment/rezoning would have negative impact on property values. f Whether the property is physically and economically developable under the e.~zisting zoning. Physically, the two parcels could be developed independently, one with a commercial building and the other with a single-family home. The marginal depth of the parcel fronting Federal Highway limits its potential for development consistent with the recommendations of the Federal Eri.ghwav Corridor Community Redevelopment Plan as well as its potential for development that would be economically feasible. g. Whether the proposed land use amendment/rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The site could be an example of the type of redevelopment and irLfill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor by promoting the desired type of uses and appearance. The amendment would eliminate undesirable heavy commercial uses and thus have a positive impact on the neighborhood. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are vacant commercial sites that would likely accommodate the proposed use. However, placing the use on the subject property has the benefits of promoting the city's development and redevelopment objectives as stated in the Comprehensive Plan and downtown redevelopment plans. CONCLUSIONS/RE CO~NBATIONS As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrasmacture that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses; will further the corridor redevelopment plan and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C'. ATTACHMENTS J:~HRD^TA~Iannin$~SHARED~WP~PROSECTS~Schnar~ guzin~zz C~t~LUAR 02-013LSTAEF REPORT Location Map EXHIBIT"A" SCHNARS BUSINESS CENTER XlI. - LEGAL CITY OF BOYNTON BEACH ITEM B.2 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January 6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the March 18, 2003 City Commission Agenda, as a tabled item, under Public Hearing and Legal, Ordinance - First Reading. The City Commission with a unanimous vote tabled this request under Public Hearing on February 18, 2003, to March 18, 2003. The Second Reading of the Ordinance would be held on April 1, 2003. The tabling has been proposed by staffto allow time to research a possible limitation on the rec ._or~ed and generate any necessary solutions or alternatives to the abandonment. For further details pertaining to the requ6~, se~ attached Department of Development Memorandum No. PZ 03-018. EXPLANATION: 7_'. ' PROJECT: Schnars Business Center (ABAN 02-003) AGENT: Jeffrey T. Schars, Schars Engineering Corp. OWNER: Ruth T. Dolly LOCATION: 924 North Federal Highway DESCRIPTION: Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement. PROGRAM IMPACT: N/A FI2f~L~AMTPiAvECC T: .~/7/) N/A . ~~ DeveloR~t~ep~n~ ~i~ect-or - t~h~nager's Signature Plahning and Zorli~UDirector City Attorney / Finance / Human Resources S:h°lanningkSHARED\WP~PROJECTSXSchnars Business CtrXABAN 02-003~genda Item Request Schnars Bus. Ctr ABAN 02-003 3-18-03.dot S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O 03 - o0 7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF A 20 FOOT WIDE ^IJ.EY, LOCATED BETWEEN N.E. 8T~ AVENUE AND N.E. 9T~ AVENUE,, WHICH WIIJI. BE CONVERTED TO A UTILITY EASEMENT EQUIVAI~ENT IN WIDTH TO THE EXISTING AI.I.EY, MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO THE CONDITIONS OF APPROVAL ATTACI-IED AS EXHIB~ "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER FOR THIS ABANDONMENT, WHICH DISCLAIMER SHALL BE RECORDED IN TI-IE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant and contract purchaser, Jeffrey T. Schnars, is requesting the abandonment of a portion of a 20 foot wide alley, which will be converted to a utility easement equivalent in width to the existing alley, located between N.E. 8t~ Avenue and N.E. 9t~ Avenue, subject also to the Conditions of Approval attached hereto as Exhibit "A"; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, the Community Redevelopment Agency, and the City Commission on the proposed abandonment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of a 20 foot wide alley, which will be converted to a utility easemmat equivalent in width to the existing alley, located between N.E. 8t~ Avenue and N.E. 9ta Avenue, and subject to the Conditigns of Approval attached hereto as Exhibit "A", more particularly described as follows: ' A l~ortion of that certain 20-foot alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book Il, Page 71 of the Public Records of Palm Beach County, Florida. Section 3. The City Manager is hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this ~ day of ,2003 SECOND, FINAL READING AND PASSAGE THIS ~day of ,2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of a 20 foot wide alley, which will be converted to a utility easement equivalent in width to the existing alley, located between N.E. 8th Avenue and N.E. 9th Avenue, subject to Conditions of Approval, and more particularly described as follows: A portion of that certain 20-foot alley lying between Lots 21, 22, 23 and lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book Il, Page 71 of the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ day of February, 2003. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) )SSi COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the forego~'ng instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and' purposes mentioned therein; that they affixed thereto the-official seal of said corporation; and that said instrument is the act and deed of said corporation. S:~C A~)rdinat'~ces'~n~nments~Schnam ,N~'tcionn~.~c¢ WITNESS my hand and official seal in the said State and County this ~ day of February, 2003. NOTARY PUBLIC, State of Florida My Commission Expires: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-019 TO: Chairman and Members Community Redevelopment Agency Board THRU: Michael W. Rumpff't'L~ Planning and Zoning Director FROM: Maxime Ducoste-Am~d~e Planner DATE: January 17, 2003 SUBJECT: Abandonment of a 20-foot wide alley lying between Lots 21,22, 23 and lot 20 in Block 4, Lake Addition to Boynton (ABAN 02-003). NATURE OF REQUEST The applicant and contract purchaser, Jeffrey T. Schnars, is requesting to abandon a portion of the 20-foot wide alley located between N.E. 8th Avenue and N.E. 9th Avenue. This request to abandon a public alley was submitted on November 11, 2002. This abandonment is for the following unimproved platted alley segment: A portion of that certain 20-foot alley lying between Lots 21,22, 23 and Lot 20 in Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book II, Page 71 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the street right-of'way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and includes a detailed location of the alley to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject request. North N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C..4; South - An auto repair business (ND Auto Repair shop), zoned C-4; East A single-family neighborhood, zoned R-l-A; and West - North Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. BACKGROUND In March of 1925, the Plat of Lake Addition to Boynton was approved. It included several 20-foot wide alleys dedicated to the perpetual use of the public, reserving unto the developers or successors the right of reversion if not used as such. The properties located on the east and west sides of the alley segment to be abandoned are under a purchase Page 2 Memorandum No. PZ 03-019 '~N 02-003 contract by the applicant Jeffrey T. Schnars. The applicant has the intention of vacating the 20-foot alley to consolidate the property and facilitate the development of an office / retail project (see Exhibit "C"- Site Plan). Specifically this area will be used for the driveway for the proposed site plan. The 20-foot wide alley as shown on the survey will be converted to a utility easement equivalent in width to the existing alley. When abandoned the lot/easement will revert to the adjacent property owners. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the right- of-way to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities Approval with conditions (see Exhibit "C") Planning and Zoning No objection PUBLIC UTILITY COMPANIES Florida Power and Light Approval with conditions (see Exhibit "C") Bell South No objection Flodda Public Utilities Company No objection Cable Company (Adelphia) Approval with conditions (see Exhibit "C") Cable Company (Comcast) N/A RECOMMENDATION Staff recommends that this request to abandon the 20-foot wide alley as described above, be approved, subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. xc: Central File S:\PIann~ng\SHARED\WP',PROJECTS\Scinnars Business Center)\ABAN 02-003~staff re~ort.cloc Location Map EXHIBIT "A" SCHNARS BUSINESS CENTER [--r~3 _ N~VE r ~ R1A ~ ~U EXHIBIT "B" PROPOSE .~ LEGEN0 ~ ABANDON VlENT · c:~'! · L.B. L ;CENSE i]UF~E ~.U ; ~.3.~. ~OKE3SION~L 5U~','EFO~ aND ~ SOUTH L~IE ~IE 9~H A'J?,iUE~ ~ & r'IOR~H UNE BLOCk 4 589'48'33"¢ ~ FIE CORNE= NW CORFIER ; ' LOt 21 LOT 20 LOT 21 ' ~ EAST L~rlE ~ ~ LOT 22 - ~ 20 LOT 20 SE CORNER ~ E~STE=L',' S~Er 2 0F ~ ~ CcTEt'ISiOII OF I L~Sf O,tfEO 6-I-6~ 24 ~ ~ THE SOU~H L~r:E ~ Lot L'"[ / ~ 0F LOT SKETCH OF DESCRIPTION (ALLEY VACATION) 20-FOOT ~LLE, L, :l~O BE FwEEH ~ ............. ..I nSu/t/n¢ en¢l~eer~ SCALE ": 30' LOT 20 Atl0 LOFS 2i THROUGH 23 co Jo¢E~sr LAKE AOOITIOH TO ~O','rlfOPI. ~-~*,t ~a~OOeu~COe [8 ,0 ~8~0 ~RNG. SY JPW EXHIBIT "D" Conditions of Approval Project name: Schnars Business Center File number: ABAN 02-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. The proposed replacemem easement shall be no less in width than the X existing alley. Per the proposed site plan the twenty (20) foot alley shall be replaced with a twenty (20) foot utility easement. 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. UTILITIES Comments: None X FIRE . Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X -. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X PRIVATE UTILITIES Comments: 3. Adelphia will move all facilities to the new easement contingent upon the X removal of FPL facilities. 4. Any and all costs resulting in the relocation or removal of Adelphia X facilities due to said abandonment will be borne by the customer and/or property owner and/or requesting party. 5. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a) FPL acquiring all additional easements for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiting electrical service at the abandoned site. This includes but is not limited to ten (10) foot easements adjacent to both sides of all major thoroughfares. b) All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. ' c) Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or requesting party. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY C(3MMISSION CONDITIONS Comments: 1. To be determined. XII. - LEGAL CITY OF BOYNTON BEACH ITEM B.3 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2, 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] January 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (No~ . [] January 21,2003 January 6, 2003 (Noon.) [] March 18, 2003 March 3, 2003 (Noon) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the March 18, 2003 City Commission Agenda under Legal, Ordinance - First Reading. Both the Planning and Development Board and Community Redevelopment Agency Boards support the subject zoning changes, which also include architectural and landscaping standards. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-306. EXPLANATION: PROJECT: Limited Access Self-Storage (CDRV 02-004) AGENT: City of Boynton Beach LOCATION: C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial zomng districts city-wide DESCRIPTION: Request to amend the Land Development Regulations Chapter 2, Zoning, Sections 6(a), 6(b), 6(c), 6(d) and 11.0: (1) to restxict self-storage facilities to the M-1 Industrial zoning district; (2) to amend the supplement regulations governing SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district; and, (3) to include both Limited-Access Self-Storage and Multi-Access Self-Storage uses in the definition of SELF SERVICE STORAGE FACILITIES (MINI- WAREHOUSES). PROGRAM IMPACT: N/A FISCAL IMPACT: ~, N/A ALTERNATIVE ~ .'//, ~J// N/A ~- Develo~gl~nfDel~aT'tm"%~t b~c~or ' City Manager's Signature and Zoniff~Director /- City Attor~ Finance / Human Resources J:~SHRDATALPlanning~SHARED\WP~SPECPROJ~Self Storage CDRV~2002 CDRV~Agenda Item Request Limited Access Self-Storage CDRV 024304 3- 18-03.dot ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 6. (a), (b), (c), (d) AND 11.0, TO RESTRICT SELF SERVICE STORAGE FACILITIES TO THE M-1 INDUSTRIAL ZONING DISTRICT; TO AMEND THE SUPPLEMENT REGULATIONS GOVERNING SELF SERVICE STORAGE FACILITmS (MINI-WAREHOUSES) TO REMOVE ALL REFERENCES TO THE C-1 OFFICE/PROFESSIONAL COMMERCIAL ZONING DISTRICT; AND TO INCLUDE BOTH LIMITED-ACCESS SELF-STORAGE AND MULTI-ACCESS SELF-STORAGE USES IN THE DEFINITION OF SELF SERVICE STORAGE FACILITIES (MINI-WAREHOUSES); PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WI-IEREAS, staff has recommended these proposed amendments to the land regulations as the minimum changes necessary to prohibit the limited access service storage mini-warehouse use in the C-1 Office/Professional Commercial, C-2 Commercial, C-3 Community Commercial and C-4 General Commercial districts, and to restrict self storage uses (e.g. multi-access, limited access, and :ombinations of both) to the M-1 Industrial Zoning district, and to amend the supplemental governing Self Service Storage Facilities, to remove all references to the C-1 Iffice/Prof~ional Commercial zoning district; and WltEREAS, the City Commission deems the adoption of this Ordinance to be in the est interests of the citizens and residents of the City of Boynton Beach, Florida; NOW TI-IEREFORE, BE IT ORI)AINEI) BY Tl:IE CITY COMMISSION OF CITY OF BOYNT'ON BEACI-I, FLORII)A, TI-IAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified [:\CA\Ordinance~LDR Changes~Self Storage Facility Revisions.doc and confirmed by the City Commission. Section 2. That Part IH, "Land Development Regulations", Chapter 1, "General ?rovisions", Article II, "Definitions", of the Code of Ordinances of the City of Boynton Beach be, and the same is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: ARTICLE II. DEFINITIONS *al* SELF SERVICE STORAGE FACILITY (MINI-WAREHOUSES) - An enclosed storage facility of a commercial nature containing independent, fully enclosed bays which are leased to persons exclusively for dead storage of their household goods, personal property, or records for commercial business. Except as otherwise allowed by Section 11.0 Self Service Storage Facilities (Mini-warehouses) of the Zoning Code, storage bays shall not be used to manufacture, fabricate or process service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site. The term Self Service Storage Facilities includes the following: 1. Limited-access self storage facilities, which have limited access points from the exterior of the building to interior halls that serve individual storage bays; and, 2. Multi-access self storage facilities, which have multiple access points from the exterior of the building to individual bays and may have one access point for each storage bay. Section 3. That Part IH, "Land Development Regulations", Chapter 2, "Zoning", hection 6, "Commercial district regulations and use provisions", of the Code of Ordinances of e City of Boynton Beach be, and the same is hereby amended by adding the words and 5gures in underlined type and by deleting the words and figures in smack-through type, as ?ollows: See. 6. Commercial district regulations and use provisions. -A. C-1 OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT 1. 'Uses Permitted. ;:\CA\OrdinanceakLDR Chan~',..%lf Storage Facility Revisions.doc ] 2 2. Uses prohibited. a. Any outdoor display of merchandise. b. Self service storage facilities {mini-warehouses). B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. 2. Prohibited Uses. 1. Self service storage facilities (mini-warehouses). C. C-3 COMMUNITY COMMERCIAL DISTRICT. 2. Prohibited uses. g. Self service storage facilities (mini-warehouses). D. C-4 GENERAL COMMERCIAL DISTRICT. 1. Uses Permitted. 11'~* 2. Uses Prohibited. f. Warehouses storage +-,.,.:,;+:.. ~:_: ...... u ...... '~ except whan utilized as an ~:\CA\Ordinances~DR ChansesXScff Storasc Facility Revisions.doc 3 accessory to a principal use which is allowed in accordance with 6.D.1, 6.D.1A., or 6.D.1B., above, and located on the same parcel as the principal use. h. Self service storage facilities (mini-warehouses). Section 4. That Part ltl, "Land Development Regulations", Chapter 2, "Zoning", ;ection 11, "Supplemental Regulations", of the Code of Ordinances of the City of Boynton be, and the same is hereby amended by adding the words and figures in underlined and by deleting the words and figures in struck-through type, as follows: O. SELF SERVICE STORAGE FACILITIES (MINI-wAREHoUSES). 1. General. All self storage facility uses shall comply with the following: a. Rental facility office. The rental facility office shall be located facing a collector street. A maximum of 1000 square feet of the rental office may be devoted to the rental and sale of retail items used for moving and storage and including, but not limited to carton, tape and packing materials. The property manager shall be permitted to conduct auctions for the sole purpose of selling abandoned items left in bays, provided an appropriate license is obtained fi:om Occupational Licenses. The rental of laxtcks and trailers used for moving and the installation of hitch and towing packages shall be allowed, subject to all approvals required for the zoning district in which the self service storage facility is located. b. Security quarters. A single residential qaam~ unit for security purposes may be established on the site of a self service storage facility and shall be considered a limited exception to the general prohibition of residential uses in oc.:r'..m:reia! an~ industrial zones. The security quarters may continue only so long as the self service storage facility remains active. The security quarters shall be for the exclusive use of, and shall be _. occupied only by a guard, custodian, caretaker, owner, manager or employee of the owner of the facility, and his family. Such person shall be actively engaged in provided security, custodial or managerial services upon the premises. A security quarters shall not be rented to any person other than such persons. Revisions.doc c. Use of bays. The use of storage bays shall be limited to dead storage of household goods, personal property or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a self-service storage facility shall not be considered a premises for the purpose of assigning a legal address in order to obtain an occupational license or other governmental permit or license to do business. Further: (1) The maximum size of a storage bay shall be limited to four hundred fifty (450) square feet. (2) Storage bay doors shall not face any abutting property which is residentially zoned, nor any public or private street. d. Outside Storage. In connection with a self service storage facility, open storage of recreational vehicles and of pleasure boats of the type customarily maintained by private individuals for their personal use and commercial vehicles shall be permitted provided the following: (1) The storage area shall not exceed 40 percent of the area of the site. (2) The storage area shall be entirely screened from view from public and private roads and abutting non- industrial zoned property by a building on site or by installation of a six (6) foot high solid weed er masonry ~-.,:~,~:-~ c,-~ ,," ..... '~ wall supplemented fence or a ........~, with a minimum of twelve (12) foot tall trees spaced nor more than twenty-five (25) feet on center and foundation planting a minimum of two (2) feet in height installed within a five (5) foot wide landscape strip located on the outside of the wall, unless the tbundation planting is determined by the Development Director to be unnecessary due to limited purpose/visibility, or if the lack of access to the landscape area would create difficulties maintenance cc~a..:rz:.a! ~,,- * ice $:\CA\Ordinances~LDR Changcs~Self Storage Facility Revisions.doc [ 5 (3) Ve~cles shall not be stored wit~n the ~ea set ~ide for mi~mm building setbacks or in me~ desi~ated for l~dscape buffering p~oses. (4) No vehcle or boat mhnten~ce, or r~air shall be pemi~ed on site. W~ng shall be conducted only wi~n a desi~ated w~h ~ea that ~ns to a store ~m equipped wi~ a pollution control device acceptable to the CiW En~neer. Ple~e boats stored on site shall be placed ~d maintmed upon wheeled ~ailem No ~ storage or ~ stac~g shall be pemaed on-site. (5) ~e outside storage mea shall be cons~cted wi~ a dmt-~ee s~ace. e. S~ation be~een storage buildings. cons~cted, ~ere shall be a mi~m ten (10) foot s~mtion be~een individual buildings ~ ~e hciliW. Outdoor li~ting. ~ a f~ili~ abuts a residenti~ zone, outdoor li~t~g fix~es shall be no more ~ ~enW feet ~ heist ~d shill be s~elded away ~om residentifl prope~. g. ~udspe~s. No exterior loudspe~e~ or pa~ng equipment shall be pemi~ed on.site. h A ~c t h. ~~chtec~al compatibiliW. For all self storage hcilities adjacent to or visible ~om ~ ~ehal roadway, the tbllowing shall apply: ~e exterior colom, facades, windows, roofi ~d building materials of all s~c~es located on-site shall be compatible with the chg~ter of ~e nei~borhood. Selgse~ice storage hcilities +~.. ~. ~.m-~',,..~. shall inco~orate desi~ elements ~:\CA\OrdinanceskLDR ChangesKSelf Storage Facility Revisions.doc ..... ;n,~ ..,;~ ~; ....· to achieve the effect of office structures. (2) All fagades viewable from the arterial roadway shall provide variety and interest. These fagades shall not exceed fifB' (50) feet in length without visual relief by means of a vertical reveal at least one {1) foot in depth and ten (10) feet in width, a perceptible change in wall angle, or a comer. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. Arck2t~mra! e!zvaticn: i. Signage. Self-service storage facilities in the M-1 district shall be subiect to the provisions of Chapter 21, Article 4. j. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. (-30)-fe~. Limited-access and combination multi-access and limited-access self-storage facilities r,;.~.,~ shall conform to the maximum height for that district. The maximin height for multi-access self storage facilityie._! shall not exceed twenty-five (25) feet. These heights will include any screening required to conceal air-conditioning or any other mechanical equipment. I C ~"~,.,111+; ..... 411 1.,~ ~!1,-.,,.~1 ,,,;+l.,;-- +1.,~ /'~ m!. Buffers. All perimeter buffers shall be subject to the provisions ~- of Chapter 7.5, Article II, Section 5 concerning buffer requirements. In addition, any perimeter adjacent to a residential district shall include a continuous hedge or wall in addition to trees planted no further than 40 twenty-five (25) feet on center. 5:\CA\OrdinanceskLDR Changesk%lf Storage Facility Revisions.doc 7 2. Supplemental standards for multi-access self-storage facilities. In addition to the general standards above, multi-access self-service storage facilities shall comply with the following regulations: a. Minimum lot size. The minimum lot size for a multi-access self storage facility shall be two (2) acres. b. Circulation. The following on-site circulation standards shall apply: (1) Interior. Interior loading areas shall be provided in the form of aisle ways adjacent to the storage bays. These aisle ways shall be used both for circulation and temporary customer parking while using storage units. The minimum width of these aisle ways shall be twenty-five (25) feet if only one-way traffic is permitted, and thirty (30) feet if two-way traffic is permitted. A minimum width of twelve (12) feet of width between storage aisles will be required when a portion of this aisle space is utilized for outdoor storage. (2) Flow. The one or two-way traffic flow pattems in aisle ways shall be clearly marked. Markings shall consist of standard directional signage and painted lane markings with arrows. (3) Access. Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal mining of aisle ways. c. Parking. Parking shall be provided at a rate of 1 space per 200 storage bays, plus 1 space per 300 feet of office space and 2 security spaces. 3. Supplemental standards for limited access self-storage facilities. In addition to the general standards above, limited-access self-storage facilities shall comply with the following regulations: S:\CA\OrdinancesXLDR ChangesXSelf Storage Facility Revisions.doc [ 8 a. Minimum lot size. The minimum lot size for a limited access self storage facility shall be one (1) acre. b pl~n ........ ' Loading. Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of two leading berths and related maneuvering area. (2) The loading areas shall not interfere with the primary circulation system on site. (3) If a minimm 20 feet access way is provided adjacent to the building and serves no other use except the self serv/ce storage facility, tl~n the loading area may be established parallel and adjacent to the building. It will be required to satisfy current regulations for driveway accessibility dependent on one-way or two-way traffic. dc_, Parking. Parking shall be provided at a rate of 1 space per 75 storage bays, plus 1 space per 300 feet of office space and 2 security spaces. 1 ! ut-"-.-: s: g ............... ~, from a .... j .... Ccmpreken:!; ;:\CA'Ordinances'd.~DR Changes~elf Storage Facility Revisions.doc 9 g~. Use limitations. Retail sales shall be prohibited on site except those permitted by Section O. 1.a. he_. Hours of operation. The hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. seven days a week. i-.f. Outdoor lighting. Outdoor lighting shall be designed to prevent light spillage onto residentially zcned prcpe:.:' uses. 4. Multi-access and limited-access combinations: A combination of multi-access and limited-access self storage facilities may be permitted within the same site plan "';*~';" **'~ C ' ~.a ~,~ I ~^-:-~ '::~'~ uppl ........................ e, ........ , pursuant to the s emental standards shown above for each of the uses. Section 5. Each and every other provision of the Land Development Regulations herein specifically amended, shall remain in full force and effect as originally adopted. Section 6. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions of this ordinance are hereby repealed. Section 7. 'Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall not remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. FIRST READING this ~ day of March, 2003. ;:\CA\OrdinancesXLDR Chanses~Self Storage Facility Revisions.doc 10 SECOND, FINAL READING AND PASSAGE this ~ day of April, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:\CA\Ordinances~LDR Changes~Self St~'ag¢ Facility Revisions.doc 11 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 02-306 TO: Chairmen and Members Community Redevelopment Agency Board, and Planning and Development Board THROUGH: Michael W. Rutmpf Director oLPI,aj~ning and Zoning FROM: Dick Huds~d,V~:[CP Senior Planner DATE: December 26, 2002 SUBJECT: CODE REVIEW CDRV 02-004 Limited Access Self-Storage PROJECT DESCRIPTI:ON Project: Proposed amendments to the Zoning Regulations to restrict "Self-storage" uses to the M-Z :industrial zoning district Agent: City of Boynton Beach L~catJon: C-2 Neighborhood Commercial, C-3 Community Commercial a~d C-4 General Commercial zoning districts city-wide BACKGROUND in 1998, Polio/ 1.16.:L of the Comprehensive Plan's Future Land Use E!ement was amended to allow "se/? service storage ?ac/lib'es (//m/ted-access mini-warehouse on/y)" in the Office Commercial land use classification. According to the staff report accompanying the amendment, corresponding amendments were to have been made to the Local Retail Commercial land use classification to specifically exclude the /imited-access mini-warehouse se/f-s~orage ?aci/ib'es use and to coincide with the code amendments described below. Corresponding amendments to the Land Development Regulations were adopted with Ordinance No. O98-31. These amendments were requested as part of a plan to construct a building for a Si:or All storage business at Old Boynton Road and Knuth Road. A recent interpretation of these code amendments led to the submittal of an application for a limited-access facility for a propert~ zoned C-3, contrary to the original intent of the amendments to only allow this new type of storage use within the C-:I. or M-:L zoning districts. To halt any further applications for storage uses contrary to the intent of the code, the city issued a Notice of ]:ntent (NO[) on August 6, 2002. This NO[ facilitates the temporary (6-month) halt on new applications for storage uses while the Land Development Regulations are examined, appropriate amendments proposed, and review conducted by the City Commission Page 2 CDRV 02-004 Limited-Access Self-Storage (see Exhibit "A'~. From this review, legal staff has concluded that the original intent of the amendments to the Land Development Regulations created an "upside-down" zoning structure in which the most restrictive zoning district allows for a use which is not allowed in less restrictive commercial districts (see Exhibit "B'~. Prior to these amendments, the code allowed self-storage uses only in the C-4 and M-1 zoning districts. Since the C-4 zoning district exists along the N. Federal Highway Corridor, where a redevelopment plan recommends against automobile- dependant uses, staff therefore recommends that storage uses be prohibited in the C-4 district as well. NATURE OF REQUEST Staff is proposing changes to Chapter 2, Section 6, A (Office and Professional Commercial District), Section 6, B (C-2 Neighborhood Commercial District), Section 6, C (C-3 Community Commercial District), and Section 6, D (C-4 General Commercial District) to specifically prohibit both "limited access mini-warehouse", and "self service storage facility" uses. Furthermore, corresponding changes are necessary to Chapter 2.Section ll.O. SELF SERVICE STORAGE FACILZ~ES (MINI-WAREHOUSES) to remove references to the C-1 Zoning District. These changes would then limit multi-access and limited-access storage facilities to the M-i, ]:ndustrial zoning district. IMPACTS Staff has conducted a field survey to determine the impact of the proposed changes on existing self-service storage facilities in the city. There are currently eight existing facilities, and one recently approved but undeveloped limited access self-storage facility. Only three of these would become non-conforming with adoption of the recommended amendments. These three include: (1_) Public Storage, 3000 N. Federal Highway (north of Gulfstream Blvd.) zoned both C- 3 and C-4 zoning, (2) Stor All, Ltd., 3400 Old Boynton Road zoned C-I, and (3) Victoria's Closet (approved), 3602 N. Federal Highway (south of Old Dixie Hwy.) zoned C-3. Following adoption of the proposed changes, self-service storage .facilities may only be approved, in the M-1 industrial zoning district. The above-described uses could continue operating as legally non- conforming uses with the only limitation being expansions or improvements as described by the Land Development Regulations, Chapter 2. Zoning, Section li.]., (D) and (G). RECOMMENDAT'J:ON Staff recommends the adoption of the proposed amendments to the land development regulations as the minimum changes necessary to prohibit the limited access mini-warehouse use in the C-i Office/Professional Commercial, C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial zoning districts; to restrict the combination of multi- access and limited-access storage facilities to the M-1 Industrial zoning district; and to amend the supplemental regulations governing SELF SERVICE STORAGE FACILITIES (MINI- WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district. The ultimate code amendments preferred could be processed in ordinance form in February or March of 2003. Exhibits S:\PLANN[NG\HUDSON\COOIE REVIE~VS CDRV\L~MI-r~D ACCESS SS\STAFFREPORT2-2002..DOC SOLUTION R02-/SF EXHIBIT A RESOLTo-I'ION OF T~IE CITY CO~vh-MrISSION OF TIlE CI'I~ OF BOY~'TON BEACI-I, FLORIDA, ATu~'I-IORIZEN'G [SSUA.NCE OF A ".NOTICE OF 5NTE~N-/' .A_N-NOL;~-NCLN'G TI-IE CONI3UCTLN'G OF .;k CITY WTDE PL.A.NI'~-L-N'G STUDY FOR BUU_D~'G A2';D ZON-L-'qG REC-U'LATIONS 'APPLICABLE TO STOF,.A. GE FACILITIES, SELF- STORAGE. FACILITIES, NIL-NY- WAR.ESHOUSES WAREHOUSES; A_'4D PROVIDinG AN EFFECTI"v-E DATE. WI-t]EI~EAS, tke City Commission, pursuant to City Ordinance 000-053 to haitiate proposed changes to the Land Deve[opment Code and to direct staff to plann/ng and development studies; and Vvq-ZE~, the Commission deems it timely and in the best interest of the City and [ts residents to undertake review of building and zoning regu/ations applicable to storage facilities, se'f-storage faciiities, warehouses, amd rnin~-warebouses within the jurisdictional HmSts of t. ke Ci~ Of Boynton Beach to study and re,Aew the i_rnpact and compatibility of storage facilities, self-storage facilities, warekouses, and rmm-warelaouses on other commercial and residential uses. The study shall include, but is not limited to, review of size, b'eight, appearance, setback, landscaping, and buffm-ing eriteriz for suck uses; and Vv-H]ER.AS, the Commission has authorit]/to initiate the review process by resolution and issuance of a Notice of Tntent; and WI-EEREAS, the Notice of' ~tent attached to tb/s Resolution as E,xtu~bit "A" represents a formal announcement of said planning activ/ties, and the period during which ti.me all applications re[a~ec[' to development activity proposed within the study are2, must be abated or conform to restm~ctive temporary, regulations; and W'H]ERJEAS, th/s N'otiee of [=rent w/il be in effect from the date of adoption and. ~ereafter for a period of 180 days fo[lo,ring the date of' adoption un/ess otherw/se extended by the City. Commission by subsequent R~soIution following public hearing. S:~,CA\O~in~c(~E.DR Ch~ngc~'~O[ R. eso - NOW, . THEREFORE, BE iT RESOLVED BY THE CITY CON~rrssION OF ~ CITY OF BOY'NTON BEACH, FLOR[DA, TH:~kT: Section l. The City Commission of the City of Boynton Beach, Florida does hereby does hereby issue the Notice of intent artac~ed hereto az E:d:dbk "A". Section 2. That this Resotution shall become effective mW-wide immectiateiy upon passage. Section 3. The Notice of batent shall posted amd copies provided az required by Ordinance 000-053. Section 4. No application for a development activity within Ye scope of the study shall be a~cepted by the City following the date of adoption of this Resolution and dttfi.ng r. he study period. No application for a development activity within the scope of the study shall be further processed by the City, following the date of adoption of this Resolution during the study period, unless the application was filed prior to the adoption date of this Resolution. PASSED AND ADOPTED this 6:~ day of August, 2002. ~ Mayor ATTEST: Commissioner City, Clerk S:',CA\Orclinance,s'tLDR Ch.~nges'q'40[ Re~o - self NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPM-ENT AMENDNLENT NO[ #2002-02 STATEN[EDT OF PURPOSE AaN'D SCOPE OF STUDY The purpose of ti:ds Notice of Intent is to declare a per/od to. prepare and bring forward for adoption amendments to the Land DeveloPment Re=mJ/ar/ons to correct discrepancies betxveen Goals, Objectives and Policies in the Comprehensive Plan. and the Land Development Regulations. AFFECTED AREA The Affected Area shall be specitically described as all [ands zoned C-2 Neighborhood Commercial and C-3 Community Commercial cirywide. (see attached Exhibit "A"). GENEtL~L DESCRIPTION OF POSSIBLE! ANEENT)M'gNTS TO L.&.N'D DE¥'ELOPM[ENT REGUI..ATIONS ('LDR~ 1. Limit "limited access mini-warehouse" uses ~o the C-i Office,/Pro£essioual zoning district; 2. Clarify existing regulations to require a distance separation of two thousand five hundred (2,500) feet:between a I/mired access minl-war~hou-qe an~ any other self'- storage business; and, · .3'. To restrict combination multi-access and limited-access storage facilities to the C4 GEN'ERAL CONhNfERCIAL and [V£. l LIGHT DTDUSTRIAL zoning districts. ,~-FECT ON DEVELOPMENT 17 REGULATION :-K1DOPTED The intent'of amendments to the Land Development Regulations is to ensure consistency w/th both the language and intent of tho Comprehemsive Plan and specifically exclude "limited-access mini-war~house self-storage facilities within ~e Local Rem//Commercial land use classification which corresponds to the C-2 Neighborhood[ Commercial and C-3 Community Commercial zoning districts. EXISTD~'G SECTIONS OF. TI-iE L,~ND DEVELOPNEENT REGLrLATrONS WrrlICH A.P,_E TrEE SUB/ECT OF 'r[-I]5 S;I'U'D¥ .4~.N'D NLA.¥ BE .&MENDED LDR, Chapter 2. Zoning, Section 60) C.-2 Neighborhood Commercial District, LDR, Chapter 2. Zoning, Section 6(c) C-3 Commun/ry Com.rrlercial District, and LDR, Chapter 2. Zoning, Section 1I(O) Self Service Storage Facilities (Supplemental Regulations). PROfECT]ED TI'~flE FR~M]E FOR STLrDy One Hundred and E£ghty (180) days from the date of approvat of this Notice by the City Commission. STAGE OF TI-{E REVIEW PROCESS TF_~T ~ STLTDY PERfOD ~NI) PEb~D~',rG REGULATION WOULD A2'-FECT Effective on adoption of this Not/ce, no application or uses within the Affected Area de=ned incomplete shall be processed and. no. new application shall be accepted or processed during the period that this Notice is in effect. This Notice of Intent shall only apply to said applications for self-service storage facilities submitted to the City afeer the Notice of Intent is executed. COLLATERAL DOCUMENTS Development Department Memorandum No. 02-I 57 Development Department Memorandum No. 98-156 .~E)DITIONAL NOTIC~ i. The Notice of Intent shall be posted, in the Devetopment Department and in the notice case located at the main entrance to City Hall. 2. A copy. of the Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuanCe of this Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulator~r ctmrtges. This notice shall be providect to those individuals, by mail, facsimile, electronic mail or in per~oll. Comment~ illc[lld.~g written objections to the NotiCe of Intent, shah be accepted by the Development Department Director from reciPients of this aotice. Neither failure by the City Clerk to provide notice as set forth in this section eot the lack of awareness of any potentially affected applicant sha~ dot invali'date the applicability of thi_~ notice. Dared: July 30, 2002 ^dop~ed by ~e,ot~tion ~=Ser R0,- /5.g-or ~=~ Fto~d~ the ~ ~ZV oe~L~, Z00~_ ~e civ co~sio, ot ~e ci. oe soy~to. Location Map EXHIBIT ~IE MORAND UM TO: "Mike Rumpf, Director, Planning and Zoning Department CC: Kurt Bressner, City Manager Quintus Greene, Director, Department of Development Nancy By'me, Assistant Director, Department of Development FROM: David N. Tokes, Assistant City Attorney ~ RE: Zoning Lq Progress - Self Storage Facilities DATE: December 2, 2002 On October 9, 2002 [ issued a memorandum regarding zoning in progress for self storage facilities. As a result of discussions with Mike Rumpf, this is a revised memorandum in response to your request for an opin/on regarding the existing Land Development Regulations applicable to zoning categories for limited-access self-storage facilities. At the Aug:Lst 6, 2002 City Commission meeting, the City Commission adopted Resolution No. R02-135 which authorized the issuance of a Notice of Intent with respect to the City commencing a review of building and zoning regulations related to storage facilities, self-storage ~FaciLigies, mini-warehouses, and warehouses. Currently the City's Land Development Regulations provide that: "Only limited access self service storage facilities will be allowed within the C-I zoning district." See, Chapter 2, Section 11.O.1.1. "Self service storage facilities", however, are also permitted in the M-i Industrial District pursuant to Chapter 2, Section 8, A.l.c.(1). Lq 1998, the. City Commission adopted an ordinance providing for the operation of self-storage uses in particular zoning districts, in conjunction with a proposed site plan for a parcel to be rezoned C-t, Office/Professional. The original intent in adopting the ordinance was to only allow the limited access self-storage uses in the C-I and M-1 zoning districts. This original intent would have created a unique scenario as the C-2, C-3, and C-a, zoning districts are typically more permissible in the types of uses allowed. The intended result would have re'eared an "upside- down" zoning structure in which the most restrictive zoning district allows for a use which is not allowed in less restrictive dommercial districts. As adopted, however, the ordinance permits limited-access storage facilities in the C-1 and M-I zoning districts as well as in the C-2, C-3, and C-4 zoning districts as well. The. necessity to correct the ori~nal amendment has also proVided the opportunity to reconsider its appropriateness. Alter reviewing the materials related, to the adoption of this. Land Development Regulation amendment, staff and our office agree that a revision to' the code is necessary to either provide for the inclusion of these uses in all commercial zoning districts, or prohibit the use in all commercial zoning districts. If' the use is prohibited in all commercial zoning districts, it is recommended that the use be provided for in another zoning district, such as the M-I Industrial zoning district. Please advise our office as to how you wish to proceed, and with your assistance, we will draf~ the appropriate amendments to the City's Land Development Regulations for inclusion in an ordinance to be considered by the City Commission. If you have any additional questions, or concerns, please call. DNT:dnt \~JGCDE_FS'~LIBI~AI~,YM 990\900182.1~B\MEMO 2002~l~ump£(zonin$ in proS revl ).doc XII. - LEGAL CITY OF BOYNTON BEACH ITEM C.! AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting, Dates in to City Clerk's Office: Meeting, Dates in to City Clerk's Offi~ [] December 3, 2002 November 18, 2002 (Noon) [] February 4, 2003 January 21, 2003 (Noon) [] December 17, 2002 December 2. 2002 (Noon) [] February 18, 2003 February 3, 2003 (Noon) [] Januavj 7, 2003 December 16, 2002 (Noon) [] March 4, 2003 February 18, 2003 (Noon) [] January 21, 2003 January6, 2003 (Noon.) [] March 18,. 2003 March 3, 2003 (Noon) [] Administrative [] Legal :~" * : NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ '~' :' _ C-~ [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business -?: ~-~ · . -~c~ RECOMMENDATION: This is a request that the City Commission approve the attached Resolution of Public Ne~: ~. and authorize the use of eminent domain to acquire property owned by Mrs. Janet Hall for the Boynton Beach Blvd. Extension, Promenade, Riverwalk and Mangrove Park Expansion. EXPLANATION: The City has determined that the Janet Hall property is necessary for certain proposed public improvements along the eastern extension of Boynton Beach Blvd. Following previous unsttccessful attempts by the City to negotiate a purchase of the above referenced property fxom Mrs. Hall, the Community Redevelopment Agency (CRA), was asked to pursue the matter independently. Based on meetings with Janet Hall's daughter and their legal counsel, as well as on research and appraisals done at the direction of the CRA Board, the CRA staff has determined that the Hall's asking price is unrealistic and unsupportable. PROGRAM IMPACT: The acquisition of these properties will allow the proposed public improvements to proceed. FISCAL IMPACT: The final acquisition price will be determined by a court based on appraised values ALTE RNATIV~.S.: (.~77~ developmen: of the proposed Boynton Beach Pro ade and other related developments. D~l~artmen~ ~-t~ad s :signature ' ~ty Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETINhCORMS%4.GENDA ITEM REQUEST FORM.DOC Memo To: Kurt Bressner, City Manager From: Douglas Hutchinson, CRA Director Subject: Property Acquisition for Boynton Beach Blvd. Extension, Promenade, RiverWalk and Mangrove Park Expansion. Date: February 26, 2003 Following previous unsuccessful attempts by the City to negotiate a purchase of property from Mrs. Janet Hall for the Boynton Beach Blvd. Extension, Promenade, RiverWalk and Mangrove Park Expansion, the Community Redevelopment Agency (CRA), as an independent public agency, was asked to follow-up and pursue the matter on its own. The CRA Director has subsequently met with Judy Andrews, Janet Hall's daughter, along with their counsel, Adams Weaver. It is the opinion of the CRA staff, based on these meetings, as well as the significant research and appraisals done at the direction of the CRA Board and at is own expense, that the Hall's asking pdce is unrealistic'and unsupportable. Therefore, on behalf of the CRA Board, we respectfully request that the City Commission approve the attached Resolution of Public Necessity and authorize the use of eminent domain to acquire these parcels. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC NECESSITY OF ACQUIRING THREE (3) PARCELS OF PROPERTY FOR THE PURPOSE OF ACQUIRING RIGHT-OF- WAY TO EXPAND BOYNTON BEACH BOULEVARD AND TO IMPLEMENT THE PROPOSED BOYNTON BEACH BOULEVARD PROMENADE AND RIVERWALK PROJECT WITHIN THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the acquisition of fight-of-way is necessary to implement the proposed Beach Boulevard Promenade and Riverwalk Project and to expand Boynton Beach and is a matter of great importance and concern to the residents of the City of Beach; and WHEREAS, the parcels of land designated as Parcels 1, 2 and 3, as more particularly Exhibits "A", "B' and "C', attached hereto, are requirecl to better accomplish the purpose described above and further the general health, safety, and welfare to the citizens ~fthe City of Boynton Beach, Florida; and WHEREAS, the area designated as Parcels 1, 2 and 3 h~ heretofore been located and and the property is needed for the acquisition of right-of-way to expand Boynton ~each Boulevard to implement the proposed Boynton Beach Boulevard Promenade and ; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and as being tree and correct and are hereby incorporated herein. All exhibits attached are hereby incorporated herein. :\CA\RESO\Real Estate\necessity reso - Hall.doc SECTION 2. It is necessary, serves a municipal and public purpose, and is in best interest of the City of Boynton Beach to acquire the right-of-way to expand Boynton Boulevard and implement the proposed Boynton Beach Boulevard Promenade and SECTION 3. That the properties described in Exhibits "A", "B" and "C" hereto as Parcels Number 1, 2 and 3 be and the same are hereby ratified, confirmed and to be necessary for acquiring the right-of-way to expand Boynton Beach Boulevard and the proposed Boynton Beach Boulevard Promenade and Riverwalk. The City of Beach shall acquire fee simple title to said property by gift; purchase, or eminent as described in Chapter 166, Elmfida_Slam~ and Chapters 73 and 74, F. lmfida_Slalla~. uisition of said parcel for this project is necessary and serves a public purpose. SECTION 4. The City Attorney shall first attempt to acquire the property negotiations at a price agreeable to both the sellers, if found and detemfined, and the of Boynton Beach; however, if such negotiations fail within a reasonable time from the of this Resolution, the City Attorney or the City Attorney's designee is authorized directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in the of Boynton Beach' powers of eminent domain for the purpose of acquiring the parcel in Exhibits "A", "B" and "C" attached hereto and is further authorized and directed to all things necessary to prosecute such lawsuit to final judgment. In pursuit of such and in direction, the City Attorney or his assistant or designee, is specifically to _sign and file a Declaration of Taking so that the City may avail itself of the · ' of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is authorized to accorhplish the acquisition of said parcels by settlement and compromise those instances where same can be effected in accordance with the terms, conditions, md \CA\R~.SO\Real gs~a~e\necessi~¥ reso - Hall.doc limitations established fi:om time to time by the Boynton Beach City Commission. SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. If any clause, section, other part, or application of this Resolution s held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. This Resolution shall become effective mediately upon its ~assage and adoption. PASSEl) AND ADOPTEI) this ~ day of March, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner 2ity Clerk I:\C&\RE$O\Rea[ gn~a~e\necenn~y reso - H&ll.do¢ F,'X"H'T~ IT "A" PARC. F.T, NC) 1 Lots 27 and 28, Dewey's Subdivision, according to the Plat thereof, as recorded in Plat Book l, Page 37 of the Public Records of Palm Beach County, Florida, less the North 150 feet of the South 195 feet of the East 150 feet of the West 200 feet of said Lot 27. Lot 29, Dewey's Subdivision, according to the Plat thereof, as recorded in Plat Book 1, Page 37, of the Public Records of Palm Beach County, Florida. F,~T--TT~I~ Lots 4, 13, and 20, Dewey's Subdivision, according to the Plat thereof, recorded in Plat Book l, Page 37, of the Public Records of Palm Beach County, Florida.