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Minutes 07-05-00MTNUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT BOYNTON LEISUREVILLE COMMUNITY CLUBHOUSE 1807 SW 18TM STREET~ BOYNTON BEACH, FLORIDA 33426 ON WEDNESDAY~ 3ULY S, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tem Bruce Black, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Sue Kruse, City Clerk OPENTNGS: A. Call to Order - Mayor Gerald Broening B. Tnvocation - Mayor Gerald Broening C. Pledge of Allegiance to the Flag led by Mayor Gerald Broening Mayor Broening called the meeting to order at 6:30 p.m. He offered the invocation and led the Pledge of Allegiance to the Flag. Mayor Broening explained that the Commission meetings "on the road" provide opportunities to bring government closer to the citizens of Boynton Beach. This meeting in Boynton Leisureville would be the second such meeting. The first "on the road" meeting was held at Village Royale on the Green. Mayor Broening pointed out that these meetings are not town meetings. The City Commission meetings allow Ordinances and Resolutions to be enacted so that staff can move forward with the City's business. Mayor Broening explained that public participation is a fundamental element of government. He described the procedure for using the speakers' cards. He reminded the public that he would not allow personal attacks during the meeting. D, IF YOU w'rSH TO ADDRESS THE COMM'rSSION: · FILL OUTTHE APPROPRIATE REQUEST FORM · G?VE I'T TO THE C?TY CLERK (ON THE DAI'S) BEFORE THE "OPENINGS" PORT?ON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODI'UM WHEN THE MAYOR CALLS YOUR NAME t'NDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections There were no additions, deletions or corrections to the agenda. 2. Adoption Vice Mayor Weiland moved to approve the agenda. Commissioner Black seconded the motion that carried unanimously. II. ADMINISTRATIVE: MEETI'NG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH~ FLORZDA 3ULY 5~ 2000 A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date Mayor Broening Children & Youth Advisory Board Alt i yr term to 4/01 I Weiland Children & Youth Advisory Board Reg 2 yr term to 4/02 II Black Children & Youth Advisory Board Stu/Reg/Voting 1 yr term to 4/01 III Sherman Children & Youth Advisory Board Stu/Reg/NonVoting 1 yr term to 4/01 TV Fisher Bldg. Board of Adjustment & Appeals Alt I yr term to 4/01 T Weiland Code Compliance Board Alt I yr term to 9/00 III Sherman Education Advisory Board Reg 2 yr term to 4/02 IV Fisher Education Advisory Board Alt i yr term to 4/01 Mayor Broening Education Advisory Board Alt I yr term to 4/01 ! Weiland Education Advisory Board Stu I yr term to 4/01 1! Black Education Advisory Board Reg 2 yr term to 4/02 Tabled (1) IV Fisher Nuisance Abatement Board Reg 2 yr term to 4/02 Mayor Broening Nuisance Abatement Board Alt i yr term to 4/01 TIT Sherman Recreation & Parks Board Alt 1 yr term to 4/01 Mayor Broening, Vice Mayor Weiland, Mayor Pro Tem Sherman and Commissioner Fisher requested that their appointments be tabled, Commissioner Black appointed Arlene Greenberq as a regular member of the Education Advisory Board. TZT. ANNOUNCEMENTS & PRESENTATZONS: A. Announcements: The City of Boynton Beach Transportation Services and the Department of Leisure Services are offering a one-time only free week of transportation services (with coupon) to the Boynton Beach Senior Center and for Shopper Hopper services from Monday, July 17 through Saturday, July 22. Mayor Broening made the announcement regarding the free week of Shopper Hopper transportation service to the Senior Center from July 17th through _luly 22®. B. Presentations: 1. Orientation PowerPoint Presentation - Fire Chief Bill Bingham Bill Bingham, Director of Fire and Emergency Medical Services, made a PowerPoint presentation of the services provided by the Boynton Beach Fire Department. MEET'rNG MTNUTES REGULAR CTTY COMM'rSSTON BOYNTON BEACHf FLOR.I:DA .1ULY 5f 2000 In addition to explaining the functions of the Fire Department, Chief Bingham explained that in preparation for the hurricane season, all of the departments in the City review and contribute to the Emergency Disaster Plan. The new Emergency Operations Center (EOC) will be located at the East Water Treatment Plant. Chief Bingham explained that during an emergency, the City's responsibility is to maintain essential services. Chief Bingham explained that if we were forced to mobilize, the Mayor would declare the emergency and the Plan would go into action. Public Works would arrange for the pickup of debris and the EOC would be activated. Necessary personnel would be required to report to work. The City would coordinate with appropriate agencies and provide rescue and recovery operations as needed. · ry. 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. · Commissioner Fisher requested that Item IV-H be removed from the Consent Agenda for discussion. · Commissioner Black requested that Ttem IV-G be removed from the Consent Agenda for discussion. · Vice Mayor Weiland requested that Items TV-C.3 and TV-C. 10 be removed from the Consent Agenda for discussion. · Mayor Pro Tem Sherman requested that ]:tem IV-CA be removed from the Consent Agenda for discussion. · Attorney Cherof requested that Item IV-C.11 be removed from the Consent Agenda for discussion. A. Minutes: Agenda Preview Conference of June 15, 2000 Regular City Commission Meeting of June 20, 2000 Agenda Preview Conference of June 22, 2000 Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Approve extension of ANNUAL CONTRACT FOR LANDSCAPE MA]:NTENANCE, Bid #078-2730-OOKR, to Tare Landscape, First Genesis Lawn Service and Luis Cintron's Lawn Service not past 9/30/00 with an estimated expenditure of $175,000 Approve sale of SURPLUS VEHICLES/EQUIPMENT, by auction, Bid #077-1411- OOKR MEE'I/NG M'rNUTES REGULAR C'rTY COMMTSS'rON BOYNTON BEACH~ FLOR/DA 3ULY 5~ 2000 Approve piggyback of the City of Ft. Lauderdale Bid for purchase of CDR METER BOXES AND CDR TOUCH READ LIDS for an annual estimated expenditure of $150,000. Award bid #070-2710-00/C3D to L. B. Limited & Associates, Inc. for the "FIVE YEAR STRATEGIC PLAN FOR THE BLACK AWARENESS EVENTS" in the amount of $10,000. Award Bid #065-1412-00/CJD for ANNUAL SUPPLY OF BRASS FI-I-FINGS AND ACCESSORIES on a lot by lot basis to the lowest most responsive bidder who met all specifications with an estimated annual expenditure of $200,000. C. Resolutions: Proposed Resolution No. R00-89 Re: Adopting fees for activities desiring to utilize City owned rights-of-way and controlled easements Proposed Resolution No. R00,90 Re: Authorizing the Mayor to execute an Interlocal Agreement with Palm Beach County to accept funding in the amount of $200,000 for renovations and additions to Hester Community Center. Proposed Resolution No. R00-91 Re: Authorizing the Mayor and City Clerk to execute a consent to a sublease agreement from Sprint Spectrum LP (Sprint) to Metricom Vice Mayor Weiland requested that Item IV-C,3 be removed from the Consent Agenda for discussion. 4. Proposed Resolution No. R00-92 Re: with Bell South Mobility, Inc. Amendment of lease agreement Mayor Pro Tem Sherman requested that Item IV-C.4 be removed from the Consent Agenda for discussion. Proposed Resolution No. R00-93 Re: Authorizing & approving a construction surety escrow agreement between the City of Boynton Beach and Bill R. Winchester, Elsie A. Winchester and M. Frank Finfrock, Co-Trustees of the Knuth Road Trust, and Schroeder and Larche, P.A., for the construction of Knuth Road. Proposed Resolution No. R00-94 Re: Authorizing transfer of cable television franchise from Comcast Cablevision of West Palm Beach to Adelphia Communications Corporation Proposed Resolution No. R00-95 Re: Authorizing the Mayor and City Clerk to execute a license agreement with Metricom, Inc. Proposed Resolution No. R00-96 Re: Release of cash bond for $10,654.23 to Boynton Beach Development Associates, L.P. MEET]:NG MZNUTES REGULAR C'rTY COMMrSSTON BOYNTON BEACH~ FLOR.ZDA .1ULY 5, 2000 9. Proposed Resolution No. R00-97 Re: Approving and accepting letters of credit No. BA-436 and BA-437 from Bank Atlantic in the amount of $288,800 and $244,300 for the project known as Cascade Lakes 10. Proposed Resolution No. R00-98 Re: Approval to extend the existing RFQ#047-1210-99/CJD for ANNUAL CONTRACT FOR TOWING to various towing companies for an additional year. Vice Mayor Weiland requested that Ttem IV-C.10 be removed from the Consent Agenda for discussion. 11. Proposed Resolution No. R00-99 Re: Tnterlocal Agreement establishing water and wastewater service area boundaries. Attorney Cherof requested that Item TV-C.11 be removed from the Consent Agenda for discussion. 12. Proposed Resolution No. R00-100 Re: Authorizing the Mayor and City Clerk to execute an agreement with Palm Beach County to provide the mechanism to share geographic and land information on an ongoing basis 13. Proposed Resolution No. R00-101 Re: Authorizing and directing the Mayor and City Clerk to execute the Palm Beach County Florida GlS Information Policy Data Licensing Agreement-Personal Use Agreement D. Ratification of Planning & Development Board Action: 1. NONE E. Approval for Change Order #1 for Service/Maintenance Agreement for the control and data acquisition system with Control Systems Design, Inc., in the amount of $16,000. F. Approval to apply for grant under the COPS in School Program in the amount of $75,000 over a 3 year period from the U. S. Dept. of .lustice Office of Community Policing Services G. Approve an Emergency Purchase Order to Smith & Company, the Gateway Boulevard Improvements contractor, for an estimated amount of $62,281.13 to repair a 10" sanitary sewer damaged during construction Commissioner Black requested that ltem TV-G. be removed from the Consent Agenda for discussion. H. Authorizing the Director of Financial Services to implement a program with Bank of America for use of pre-authorized debits, credit cards, and debit cards for paying utility billings, recreation program fees, as well as any other potential fees owed the City Commissioner Fisher requested that Ttem IV-H. be removed from the Consent Agenda for discussion. I. Approving the issuance of a purchase order and payment to G. E. Capital Information Technology Solutions in the amount of $41,516.40 for the renewal of the Master License Agreement (MLA) maintenance and purchase of additional software licenses from Novell, Inc. MEETTNG MZNUTES REGULAR CZTY COMMI'SSTON BOYNTON BEACH, FLORZDA .1ULY 5, 2000 Motion Commissioner Black moved to approve the Consent Agenda as amended. Commissioner Fisher seconded the motion that carried unanimously. CONSENT AGENDA ZTEMS FOR DZSCUSSZON: IV.C.3. Proposed Resolution No. R00-91 Re: Authorizing the Mayor and City Clerk to execute a consent to a sublease agreement from Sprint Spectrum LP (Sprint) to Metricom Vice Mayor Weiland advised that the back-up material for this item reveals that Metricom and Sprint will pay the City 1% of the gross. Vice Mayor Weiland requested that an audit be provided that shows the gross sales so that the City is assured that they are paying the appropriate amount. City Manager Bressner recommended that the Commission consider approving the Resolution and the language of the agreement would be amended to include the audit. The Commission would receive the agreement for signature once the language is amended. Motion Vice Mayor Weiland moved to approve. Commissioner Black seconded the motion that carried unanimously. IV-C.4. Proposed Resolution No. R00-92 Re: Amendment of lease agreement with Bell South Mobility, Tnc. Mayor Pro Tern Sherman explained that this is an amendment of a lease agreement with BellSouth Mobility where they will sublease to another firm. This lease agreement was written in 1995. He recommended tabling this matter for further review in the hope that the City could realize more money than is currently projected. Wilfred Hawkins said staff spent a lot of time on what we are currently getting. He expressed concern that any delay in approval could present legal problems. Commissioner Fisher asked Mr. Hawkins to explain how the compensation the City of Boynton Beach receives compares to what other cities are getting. Mr. Hawkins said there is a basic ground that the cities work from. This agreement was written in 1995 and that is the reason why we are limited in how much more we can add to the revenues. Mr. Hawkins said we know what other cities are getting and he felt that the City of Boynton Beach was diligent in its negotiations up to this point. Commissioner Fisher requested that Mr. Hawkins provide the Commission with information on the amounts of money being received by Boca Raton and Delray Beach. Motion Commissioner Fisher moved to table this item to the next meeting to give staff an opportunity to present the Commission with the numbers to see how we compare. Vice Mayor Weiland seconded the motion. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH~ FLOI~DA 3ULY 5~ 2000 When Commissioner Black questioned whether the City Attorney had any concerns about legal issues that might arise from a delay, Attorney Cherof said he was not concerned with any problems created by tabling this issue at this meeting. The motion carried unanimously. IV-C.iO. Proposed Resolution No. R00-98 Re: Approval to extend the existing RFQ#047-1210-99/CJD for ANNUAL CONTRACT FOR TOWTNG to various towing companies for an additional year. Vice Mayor Weiland advised that it is the responsibility of the tow company to clean up after an accident. However, on many occasions, there are large amounts of glass and debris left on the road following an accident. Vice Mayor Weiland requested that the City add "teeth" to the contract that requires the tow companies to do an efficient cleanup once everyone has left the scene. Marshall Gage, Police Chief, explained that the Police Officer on the scene who investigates the accident has the responsibility of making sure the entire scene is cleaned up prior to the departure. He directs the wrecker driver. If the wrecker driver refuses to clean up, Public Works is contacted to take care of the cleanup and a formal complaint is forwarded to the City Manager's Office. The City Manager would then bring those complaints to the City Commission. Chief Gage said he is unaware of any instances where the wrecker drivers have refused to do the appropriate cleanup. The Police Department has the responsibility for tracking such complaints. Vice Mayor Weiland requested that these incidents be tracked more closely. Chief Gage advised that during the contract negotiations this year, it became obvious that there wasn't a very good follow up procedure in place. The Police Department is addressing that issue. Commissioner Fisher asked Chief Gage to explain the City's options if a tow company receives too many complaints. Chief Gage said the complaints would be sent to the City Manager's Office with a recommendation to remove the company from the list of companies the City uses. The City can issue a letter of suspension of their privileges or revocation of their privileges. Motion Mayor Pro Tem Sherman moved to approve. Vice Mayor Weiland seconded the motion that carried unanimously. IV-C. 11. Proposed Resolution No. R00-99 Re: Interlocal Agreement establishing water and wastewater service area boundaries. Attorney Cherof advised that some of the details of this agreement with the County to reestablish the water and wastewater service boundaries have not yet been worked out. He requested that this matter be tabled. Motion Vice Mayor Weiland moved to table. Commissioner Black seconded the motion that carried unanimously. IV-G. Approve an Emergency Purchase Order to Smith & Company, the Gateway Boulevard Improvements contractor, for an estimated amount of $62,281.13 to repair a 10" sanitary sewer damaged during construction MEETTNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORZDA 3ULY 5, 2000 Commissioner Black questioned whether or not the City had yet received word if this claim would be fully covered by the insurance company. Chuck Magazine, Risk Manager, said he spoke with representatives of the insurance company.' There are no figures available with respect to how much they will pay. Mr. Magazine anticipates that the entire amount will be paid since this is a very reputable insurance company. Commissioner Black questioned whether or not the City would have any recourse if the insurance company does not pay the entire amount. Mr. Magazine said the City could pursue litigation. Vice Mayor Weiland asked if it would be possible to get a letter of intent from the contractor that would confirm that the contractor would be responsible for any amount not paid by insurance. Mr. Magazine explained that the contractor is ultimately responsible since we contract with the general contractor to do the work. The general contractor subcontracted out the work and got the Certificate of Insurance from the subcontractor. The subcontractor has the first responsibility. If their insurance company does not cover the costs, the general contractor would be approached. Tf it is necessary to initiate litigation, it would be against both companies. Vice Mayor Weiland inquired if the City could withhold the final payment if this issue is not settled at that time. Attorney Cherof said the matter would be resolved before the final payment is due. Vice Mayor Weiland pointed out that the prices mentioned in the back-up material appear to be out of proportion and unrealistic. Mayor Pro Tern Sherman inquired if the City would have to make up the difference if the insurance company takes issue with Smith & Company. Mr. Magazine said we could initiate litigation for the full amount or go against the general contractor for the remaining amount. Mr. Magazine feels confident that the insurance company would not "nickel & dime" the City. Commissioner Fisher asked if there is a way that the City could ensure in the future that any damage made by a contractor is the responsibility of the contractor. Attorney Cherof advised that the City's contracts contain language in that regard. Therefore, the City has recourse through the contract. Motion Commissioner Black moved to approve. Commissioner Fisher seconded the motion that carried unanimously. IV-H. Authorizing the Director of Financial Services to implement a program with Bank of America for use of pre-authorized debits, credit cards, and debit cards for paying utility billings, recreation program fees, as well as any other potential fees owed the City Commissioner Fisher inquired if the City compared rates from banks other than Bank of America. He pointed out that the Bank of American has the highest rates of all of the banks. Diane Reese, Finance Director, explained that the City's banking services are with Bank of America. Their rates were the same as the rates received from other banks. Ms. Reese said the interest that we earn off the money in the City's checking account offsets any costs and it does not cost the City any additional money. 8 MEETZNG MTNUTES REGULAR C~TY COMM~SSZON BOYNTON BEACH~ FLORIDA .1ULY 5~ 2000 Commissioner Fisher asked if a user fee could be charged for this service. Ms. Reese advised that the fee could not be passed on to the users. Mayor Broening felt we would gain savings in getting timely payments. Attorney Cherof pointed out that unlike all other agreements that the City enters into, this agreement provides for jurisdiction out of state. Motion Commissioner Fisher moved to approve. Commissioner Black seconded the motion that carried unanimously. V. CZTY MANAGER'S REPORT: A. Report on Bid for Ocean Avenue Promenade City Manager Bressner reported that the City received bids on this project that were higher than originally projected. Staff has put together some recommendations for the Commission's consideration. The recommendations include three options that would provide direction to City staff. Quintus Greene, Director of Development/CRA, reported the following with respect to the Ocean Avenue Promenade bids: 1. The Iow bid for the project was $2,196,079.75 from Burkhardt Construction, Inc. of West Palm Beach. The second Iow bid was $2,287,052.90. The difference in the two bids was $90,973.15. Both bids exceeded the engineer's estimate by a significant amount. The project had been estimated at $1,574,895; therefore, the Iow bid exceeded the estimate by $621,184.75 (39%). The City has the following alternatives with respect to this project. The alternatives include: 1. Postponing the entire project; 2. Redesigning and rebidding the project; 3. Constructing the project as presently bid; or 4. Altering the project to reduce the price of construction. Because of the nature of the project, the delays that have already occurred and its importance as a link in the City's overall downtown revitalization program, a further postponement of the project is not recommended by staff. Current economic conditions are such that most local contractors have more than enough work. As a result, it is unlikely that rebidding the project in the near future will result in substantially lower costs. Other than awarding the project to the Iow bidder at the price quoted, the only other alternative would be to modify the project to reduce the cost of construction. Staff did a thorough analysis of the bid to find areas to reduce cost. The following three options were offered for the Commission's consideration: MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA 3ULY 5, 2000 Option #1 Delete all landscaping from the project - This would result in savings of approximately $371,135 leaving the construction cost of approximately $1,824,946. Option #2 Option #3 Delete roadway paver block at intersections - The savings associated with this option are $80,000 at the Seacrest intersection, $17,700 at the NE Ist Street intersection, $17,700 at the NE 3rd Street intersection and $2_1,535 at the NE 4th Street intersection. The total remaining construction cost would be $2,059,145. Delete entire block from Seacrest to NE 1't Street - This option would result in savings of approximately $600,847, leaving a construction cost of approximately $1,595,233. Staff recommends Option #3 because it provides the largest savings, reduces the cost to a level close to the original estimate and it preserves the entire project for more than two-thirds of its length. In addition, the block that is deleted is the location where the street improvements are most likely to be impacted by future construction projects associated with the Town Square redevelopment effort. Mr. Greene explained that the bid documents are written in such a way that although the City may reject all bids, it does not have the unilateral right to reduce the project. Therefore, any reduction the City may decide to make in the project is subject to mutual agreement between the City and the Iow bidder. Mr. Greene commended Larry Roberts for putting together the numbers contained in this report. Mr. Greene advised that Ray Davidson of Gee & 3enson was asked to attend this meeting; however, he was not in the audience. Commissioner Fisher remarked that in the future, someone would have to be accountable for the estimates provided to the Commission. Engineer's estimates on recent projects are going too far overboard and it is an intolerable situation. Commissioner Black said he would like an explanation from Gee & 3enson as to why the estimate was so far off. Commissioner Black referred to the estimate for concrete pavers and pointed out that figuring the cost only involves multiplying length times width. Still the estimate was $136,000 off. He said it is amazing that the City continues to allow this to happen. It is an embarrassment and it is unacceptable. He recommended using another firm in the future if this is the kind of work this firm produces. Vice Mayor Weiland expressed concern about approving this item when the Commission does not know how much landscaping and material the City will be receiving. He pointed out that the cost of the landscaping is almost $400,000 and the back-up material should have included more detail. Mayor Pro Tem Sherman agreed with the comments that were made and felt it would not be appropriate to consider this request at this time. He apologized to the people who invested their money on Ocean Avenue. He recommends having the engineer appear before the Commission to explain why the estimate was so far off and to determine how to prevent this from happening again in the future. Commissioner Fisher is unhappy that additional money will be spent. However, he realizes that we won't get a lower price. Staff has provided alternatives based on these new prices and the Commission should provide direction for staff. Commissioner Fisher recommends moving forward with Option #3. 10 MEETTNG MI'NUTES REGULAR CI'TY COMMTSS?ON BOYNTON BEACH,, FLOR.I:DA 3ULY 5, 2000 Vice Mayor Weiland feels this is a great project. He does not recommend postponing the project because the prices will not go down. He recommended that parameters be included in the contract with respect to time lines in order to hold the contractor accountable. The contract should include penalty clauses to ensure that the project is completed within the nine-month period of time. Tn addition, Vice Mayor Weiland wants to know the details of the landscaping before this item is approved. Mr. Greene advised that the contract allows the contractor 275 calendar days to complete the project.. Tf the first block is eliminated, that would reduce the number of days to approximately 240 days. Mayor Broening pointed out that if the Commission were to approve this item, it would be giving staff the authority to negotiate a new scheme with the contractor. IVlayor Broening questioned whether the planning from Gee & Jenson included a detailed landscaping plan. Mr. Greene responded affirmatively. Larry Roberts advised that the landscaping plan was presented at a public meeting. Tn addition, Mr. Roberts advised that there are penalty clauses in the contract. Mr. Roberts said he would provide the Commissioners with copies of the contract that would include the bids for each of the items that are included. Mr. Roberts said he spoke with the contractor who has volunteered to change the project because he knew the City was over its budget. He is confident that the City would be in a good position to negotiate with the contractor. He feels he could be ready to come back to the Commission in two weeks. City Manager Bressner advised that if the project were approved on .luly 18th, the contractor would begin work during the first week of September. The contract processing takes up to 30 days after the award. The schedule possibly could be improved by approximately two weeks. ]:f the project takes 240 days to complete, it would be the end of February or early March when the project would be completed. This also raises the issue of G.A.L.A. that is scheduled for March :L6th through March 18th. The project could be completed by the end of February; however, that is not guaranteed. The area where G.A.L.A. was hosted this year is not being torn up. Therefore, it is possible that we may not have to change the venue for G.A.L.A. Mayor Broening felt the Commission could arrive at a consensus to agree with staff's recommendation to delete NE 1~t Street to Seacrest Boulevard and do the full construction on the remaining portion of the Ocean Avenue Promenade. The item would be tabled and in two weeks, the Commission would consider an agreement with Burkhardt. Commissioner Black said he was upset with the bids and upset with the staff report that was incomplete. He urged staff to present everything at one time in the future. He felt the Commission should move on with the project and supports staff's recommendation of Option #3. Commissioner Fisher suggested directing staff to negotiate while not exceeding the price stated and keep moving forward. Vice Mayor Weiland said he would like to see the contract that contains penalty clauses before a motion is made. He reminded the Commissioners that traffic would have to move in one direction or the other during the construction and this is a very important factor for the businesses and residents of the area. 11 MEETING MINUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORIDA 3ULY 5, 2000 Motion Commissioner Fisher moved to instruct staff to go ahead and negotiate with Option #3. Commissioner Black seconded the motion that carried 3-2. (Vice Mayor Weiland and Mayor Pro Tem Sherman dissented.) Vice Mayor Weiland said everything that was discussed with respect to the number of Palm trees and construction time frame must be included. Mayor Broening said it was all noted. VT, PUBLIC AUDTENCE: Kevin Scull¥, Scully's Market, said his business is seasonal. Starting a construction project in August that will continue through the winter months would be catastrophic. Scully's Market also depends on traffic flow. His sales dropped 20% when the bridge was closed for construction. This amounts to $100,000 in gross sales annually that accounts for $40,000 of profit annually. Mr. Scully said he was assured that the construction of this project would be timed so that it would not interfere with the winter months. He pointed out that the Gateway Boulevard project is months behind schedule and tens of thousands of dollars over budget. He offered the Commission the following options: 1) put off the Ocean Avenue Promenade project indefinitely to allow the businesses to become financially healthy again; 2) not start it until after G.A.L.A.; 3) or start the project in August or September and wipe out the season and financially ruin the business owners. Mr. Scully urged the Commission not to blame Gee & Jenson for the bids that were received on the project, He said Scott Barber stated from the very beginning that $1.:[ million would not be enough money for the project. Bob Knickerbocker, business owner at 520 East Ocean Avenue, appreciates the City's desire to move forward, but he urged the Commission to stop and see the pitfalls. He said the Commission must consider the needs of the merchants on Ocean Avenue who have struggled over the last two years during the bridge construction. He asked the City Commission to reconsider this project so that the City does not lose any additional merchants along Ocean Avenue. .lames Hymel, 7738 Blairwood Circle East, Band Director for Santaluces High School, said he petitioned t~he City for assistance in purchasing uniforms for the Santaluces Band. The Santaluces Band raises $75,000 annually and the uniforms will cost $40,000. Mr. Hymel said 25% of the band students are in the 90 percentile academically and 50% are above the 80 percentile. More than 90% of the students continue on to college. Mr. Hymel requested that the City of Boynton Beach contribute $2,700 to cover the cost of :[0 uniforms. Bob Brown, 701 South Seacrest Boulevard, circulated a sheet of paper to the Commission that showed a cancelled check in the amount of $100 made out by Mr. Brown to the Department of Environmental Regulation. He asked for help from the Commission in this regard. (A copy of Mr. Brown's handout is attached to the original set of these minutes on file in the City Clerk's Office.) VIZ. PUBLTC HEARING: Attorney Cherof administered the oath to all that would testify during the quasi-judicial proceedings. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA 3ULY 5, 2000 Project: Owner: Agent: Location: Request: Park Shore Manor Barbara R. Bradshaw Peter H. Schmidt, Esq. 658 Manor Drive Request for conditional use/site plan approval for a nine (9) unit bed and breakfast establishment on 0.3 acre. Peter Schmidt, 400 S. Dixie Hiqhway, Boca Raton, Florida, is the agent for the project and is an attorney who practices in Boca Raton. Mr. Schmidt reported that the conditional use application was unanimously approved at the Planning & Development Board meeting that was held last week. Tn response to Commissioner Fisher, Attorney Cherof advised that there is a recommendation from staff with Conditions of Approval that are set forth in Exhibit "C" of the agenda packet. Mr. Schmidt said the Conditions of Approval were reviewed and are acceptable. All conditions have been complied with the exception of ]:terns 5, 6 and 7 relative to the Building Division. Those conditions are not applicable in this situation since there will be no new construction relative to this project. Motion Commissioner Black moved to approve. Commissioner Fisher seconded the motion. MAYOR BROENTNG ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THTS APPI_[CAT]:ON. The motion carried unanimously. B. Project: Agent: Description: 20/20 Plan Overlay Districts City of Boynton Beach Request to amend the Comprehensive Plan Future Land Use Element through the addition of Policy 1.9.5 and amendment to Policy 1.16.1 which implements Objective 2.4 of the Boynton Beach Vision 20/20 Redevelopment Master Plan by the establishment of overlays and design plans for primary target areas. Commissioner Black requested an explanation of how a date of 2005 was arrived at. Mike Rumpf, Planning & Zoning Director, explained that the date is arbitrary. Staff did not want to have to amend the plan for the sake of extending the deadline. Work has already been initiated on each of the items in a couple of districts. Inventory is in progress on uses along US #1. The Comprehensive Plan policies should be measurable and it is important to include something that is date specific. In addition, staff will probably insert language that would not necessarily limit the City to overlay regulations, but something comparable in terms of rezoning or other zoning regulations. Commissioner Black asked if there is a way, through a consultant, to facilitate this so that we could bring in the Federal Highway Corridor work within three years. Mr. Rumpf said the Year 2005 is not a deadline that is being set in order to set the schedules. Mr. Rumpf said staff was willing to change the deadline if that is the Commission's desire. When Commissioner Fisher asked Mr. Rumpf what date he would be comfortable with, Mr. Rumpf responded that 2002 or 2003 would be comfortable. 13 MEETZNG MTNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORIDA 3ULY S, 2000 Vice Mayor Weiland pointed out that the MLK Corridor came before the Commission to get the overlay done and it was completed very quickly. He feels the date could be pushed up a little for other sections of the City. If it is necessary, a consultant could be used for some of the work. Mr. Rumpf explained that the MLK Overlay was only Phase I of the project. That portion was completed quickly because it was not necessary to seek input from the public. Public input would be needed with respect to appearance and uses. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICA-I-~ON. Motion Commissioner Fisher moved to approve with an amendment to change the date to 2002. Commissioner Black seconded the motion that carried unanimously. AT 8:05 P.M., MAYOR BROENING DECLARED A BRIEF RECESS. THE MEETING RECONVENED AT 8:25 P.M. Project: Agent: Description: Wood Partners Text Amendment Kilday & Associates, Inc. Amend Policy 1.16.1 of the Comprehensive Plan Future Land Use Element to increase the maximum density in the High Density Residential land use category from 10.8 dwelling units per acre to 16 dwelling units per acre. Project: Agent: Owner: Location: Description: Wood Partners Land Use Plan Amendment Kilday & Associates, Inc. Wood Partners West side of SW 8th Street approximately 1/8 mile north of Woolbright Road. Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR) for 14.18 acres. Mayor Broening recommended that the Commission table Items VII-C AND V[I-D. Motion Commissioner Black moved to table Items VII-C AND V~I-D. Commissioner Fisher seconded the motion that carried unanimously. VZZT. FUTURE AGENDATTEMS: Status of Enforcement of NonIconforming Freestanding Signs with Update on Wall Sign Inventory Work (August 1, 2000) B. Workshop on Proposed Billboard Resolution - July :[3, 2000 @ 6:30 p.m. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA .1ULY 5, 2000 C. Review policy for cemetery late arrival fee and space requirements D Report on Tmplementation Options for Stormwater Fee Structure covering CBD Area tributary to Pond "B" (3uly 18, 2000) City Manager Bressner reported that staff would provide the options for the Stormwater Fee Structure including the CBD area at the .luly 18th meeting. E. Future Annexation Areas F. Minimum Landscape Standards Ordinance TX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Proposed purchase of used school bus for Recreation Dept. from Palm Beach County School Board at a cost of $8,500. Wally Majors, Acting Director of Recreation, reported that staff is requesting permission to purchase a bus from the School Board Surplus Auction. This would be a 65 passenger bus for a cost of $8,500 that would be used to service the afterschool program and daycare program and it could be shared with other departments in the City that could find a use for it. Tn response to Commissioner Fisher, Mr. Majors said this is a 1991 bus with 180,000 miles. These vehicles contain engines that are used in trucks and heavy equipment and they are able to go for at least another 200,000 to 300,000 miles. City Manager Bressner asked if the bus would be inspected by our Fleet Maintenance prior to purchase. Mr. Majors said the vehicle could be inspected. The vehicle was used until the last day of school. Commissioner Fisher asked if there was any additional equipment that would have to be purchased to service the bus. Mr. Majors said it is estimated that the operational costs would be approximately $4,000 to $5,000 per year. The estimated cost of $5,000 includes the price of painting and refurbishing. Commissioner Black commended Mr. Majors for thinking "outside the box" on this item. He urged Mr. Majors to stay alert for other opportunities for a0other bus in the future. Motion Commissioner Black moved to approve. Commissioner Fisher seconded the motion that carried unanimously. XI. LEGAL: ATTORNEY CHEROF REQUESTED THAT THE COMMISSTON HOVE UP TTEH X1'-C.2 TO ACCOMMODATE THE ATTORNEYS WHO WERE PRESENT ~[N THE AUDIENCE. 15 MEETING MZNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH, FLOI~DA 3ULY 5, 2000 X]-C.2. Proposed Resolution No. R00-103 Re: Casa Loma Boulevard abandonment Attorney Cherof reminded the Commissioners that this issue was discussed in the past in conjunction with the mediated Settlement Agreement that the Commission approved several meetings ago. The approved site plan provides for the redesign and reconstruction of Casa Loma Boulevard at the developer's expense. The design criteria and the plan approved by staff preserve and enhance public access along Casa Loma Boulevard thereby negating the need to have the street continued as a public right-of-way. Motion Commissioner Fisher moved to approve Proposed Resolution No. R00-102. ViCe Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 000-33 Re: Amending Chapter 18, Article TI1, Pensions for Police Officers; creating a new Section 18-176 - Deferred Retirement Option Plan Attorney Cherof read Proposed Ordinance No. O00-33 by title only. Mayor Broening announced the Public Hearing, There was no one present who wished to speak on this Ordinance. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-33. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading Proposed Ordinance No. 000-24 Re: Amending Land Development Regulations, Article TT, Chapter 21, Section 3. to allow billboards in public use districts on property owned by the City and adjacent to 1-95 as a conditional use (TABZ£O ON 4/4/00- Wltt R£MA~N ON TH£ TABZ£ UNT~£ AFr£R TH£ WORKSHOP M£ET~NG ON ..IU£ Y 13TM) m Proposed Ordinance No. O00-34 Re: Amending Chapter 2, Zoning, Section 8.A.1 to allow undefined uses being permitted in the M-1 Industrial Zone. Attorney Cherof read Proposed Ordinance No. O00-34 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-34. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 000-35 Re: Amending Chapter 2, Zoning, Section 6.D.1 to allow unnamed commercial uses in the C-4 Commercial Zone as a conditional use. 16 MEETZNG MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLORZDA 3ULY 5~ 2000 Attorney Cherof read Proposed Ordinance No. O00-35 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-35. THE NOT[ON DTED FOR LACK OF A SECOND. Proposed Ordinance No. O00-36 Re: Authorizing the abandonment of a 0.13 acre utility easement located on a portion of Lots #36, #37 and #38 in the Quantum Park PTD Attorney Cherof read Proposed Ordinance No. 000-36 by title only. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 000-36. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-37 Re: Amendment of Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHR) requested for Altman aka Bay Vista Project. Attorney Cherof read Proposed Ordinance No. O00-37 by title only. Motion Commissioner Fisher moved to approve Proposed Ordinance No. O00-37. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-38 Re: Amendment of Comprehensive Plan Future Land Use Map to rezone from Community Commercial (C-3) to Multiple-Family Residential (R-3) for 2.33 acres for Airman aka Bay Vista Project, Attorney Cherof read Proposed Ordinance No. 000-38 by title only. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 000-38. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R00-102 Re: Amending Resolution #00-70 for the approval of the City's Local Housing Assistance Plan for State Fiscal Years 2000 - 2003 to continue the SHTP Program. Attorney Cherof read Proposed Resolution No. R00-102 by title only. 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA 3ULY 5, 2000 Motion Vice Mayor Weiland moved to approve Proposed Resolution No. R00-102. Commissioner Black seconded the motion that carried unanimously. 2. Proposed Resolution No. R00-103 Re: Casa Loma Boulevard abandonment Proposed Resolution No. R00-103 was addressed earlier in the meeting. D. Other: 1. Status Report on marina settlement and request for follow-up authority. Attorney Cherof reported that a number of documents were prepared in preparation for the abandonment. The abandonment triggered a number of actions by the Garcia group and Two Georges group. Documents were prepared, signed and delivered to the City Attorney this evening for review. XII. ,UNFINTSHED BUSTNESS: None XITI. OTHER: None XIV. AD3OURNMENT: There being no further business to come before the Commission, Commissioner Black moved to adjourn the meeting. Commissioner Fisher seconded the motion that carried unanimously. The meeting properly adjourned at 8:40 p.m. A~E~: Cit~lerk f O~hrUty City Clerk ee Tapes) CITY OF BOYNTON,BEACH Commissioner 18 O BOYNTON BEACH CITY COMMISSIO~'TING PUBLIC COMMENT CARD~ R ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Cle~prior to the start of the City Commission Me~ting. Name l~/' V'~ ~'~~~'~ / Address Telephone' Summary of Matter to be Ad ss ~ . -- If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. FO BOYNTON BEACH CITY COMMISSIO~TING PUBLIC COMMENT CA~.D~ R ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information cal~led for below a~give to/{he C~ity Clerk~prior to the start of the City CommissionMeetir~ / £ / /' / Name //~/~ Address ~~ ~~~~~~ Telephone ~ ~' ~ Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at ~, 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 .~edings is made~ which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours Prior to the program or activity in order for the city to reasonably accommodate your request. (~/FO BOYNTON BEACH CITY COMMISSIO~'TING PUBLIC COMMENT CARD~ R ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone Summary of Matter to be If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request; O BOYNTON BEACH CITY COMMISSIq~ETING PUBLIC COMMENT CARD~ R ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone ~ of Matter to be Addressed ~_~/ Summary If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, 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 proceedings is made~ which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSIC~ETING PUBLIC COMMENT CARD------ OR ITEMS NOT ON THE AGENDA - puBLIc AUDIENCE Fill i~ the information called for below and give to the City Clerk Com'~i~sSi°n Meeting. Name Address Telephone # Summary of Matter to be Addressed If a person decides to will need a record of to the start of the City decision made by the with respect to any matter considered at this meeting, he/she and, for such purpose~ he/she may need to ensure that a verbatim record of the proceedings is made~ which record the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, ,~r activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. FO BOYNTON BEACH CITY COMMISSI(~ETING PUBLIC COMMENT cARD~ R ITEMS'NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Address I ~'~7 5:bO -'~'C~-~ ~[ ~L~. ~i~o,~-~.C,Y.{ Telephone ~ ~ /~ ~-~ ~- -~ { '~ ~ to ddr ss a If a per' ~ 'so~ de~i-~;S to a~eal any decision mad; by the Cit~ Commission wi~ respect to ~y matter considered at this ~etin~, he/she wffi need a record of the proceedings and, for such p~pose, he/she may need to ens~e~hat a verbatim record of the~proceedings is made~ which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah f~nish appropriate a~ia~ aids and se~ices where necessa~ to afford an ~di~dual with a disability an equ~ opportunity to participate in and enjoy the benefits of a se~ce, proEram, or acti~ conducted by the Ci~. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or acti~ in order for the city to reasonably accommodate yo~ request. ~~' Commission Meeting. Name BEACH CITY COMMISSIO~ETING BOYNTON PUBLIC COMMENT CARD~ AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Address Telephone # ~_/ ~?~-- ~ ~ ~ Summary of Matter to be Addressed!~ t If a person decides to appeal any decision maae by-the Cit~ Commission with respect to any matter considered at this meeting, 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City Shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSI(~-'TING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~_/////~//~ ~/Y~/~ ~ Address ~'~'~ [' ~ ~M/9~'~7~ ~~ Telephone Summary of Matter to be Addressed Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, 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 Proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSI~ETING PUBLIC COMMENT CARD-""- AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone Summary of Matter to be Addressed Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shah furnish appropriate auxiliary aids and se~ices where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce CoStello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. ~ff~ FO BOYNTON BEACH CITY COMMISSIO~TING PUBLIC COMMENT CA~ R ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City CN°amnl~issi°n Me eti~~ Address Telephone # Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at ehi.~ meet!~5, 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 proceedings is made~ which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (5611 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Name Address Telephone Summary of Matter to be Addressed · ' b the Cit Commission with respect to any matter considered at this meeting, he/she If a erson decides to appeal any decision, made y ____YA nsure that a verbatim record of the proceedin§s is · P he roceedin s ana, for such purpo~=, he/she may need to e will need a record of t P .. . ~. .... -'~A~ ,,~on hich the al~l~eal is to be ~aseo. ~.~. made, which record includes the testimony anu =wu~ ..... ~___ w __ The City shall furnish appropriate auxiliary aids and ,services where necessary to afford an individual with a disability an equal opportunity ~o participate in and enjoy the benefits of a service, proEram, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the pro[ram or activity in order for the city to reasonably accommodate your request. MEMORANDUM To: From: Date: Re: Kurt Bressner, City Manager Quintus Greene, Development Director July 5, 2000 Ocean Avenue Promenade On June 8, 2000 the bids for the construction of the Ocean Avenue Promenade were opened. Two bids were received. The Iow bid was from Burkhardt Construction, Inc. of West Palm Beach, FL. The Iow bid for the project was $2,196,079.75. The second Iow bidder offered a price of $2,287,052.90. The difference in the two bids was $90,973.15, or a 4% difference in price. Both bids exceeded the engineer's estimate by a significant amount. The project had been estimated at $1,574,895.00, which means that the Iow bid exceeded the estimate by $621,184.75. o~ 39%. Given the magnitude of the bid price over the estimated cost, the City has a limited number of alternatives available to it. These include: · Postponing the entire project. · Redesigning and re-bidding the project. · Constructing the project as presently bid. · Altering the project to reduce the price of construction In light of the high profile nature of this project, the delays that have already occurred, and its importance as a link in the city's overall downtown revitalization program, a further postponement of the project is not recommended. Moreover, current economic conditions are such that, most local contractors have more than enough work. This is evidenced by the fact that only two bids were initially received and both were well above the estimate. As a result, it is unlikely that re-bidding the project anytime in the near future, even with some design modifications, will result in a substantially lower cost. Aside from awarding the project to the low bidder at the price quoted, the only other alternative is to modify the project to reduce the cost of construction. To this end staff has conducted a thorough analysis of the bid in an effort to find suitable areas to reduce costs without undoing the whole purpose of the project. Accordingly, the following three (3) options are offered for the consideration of the City Commission. Ocean Avenue Page 2 · Option 1: Delete all landscaping from the project. This will result in a savings of approximately $371,135, leaving a remaining project construction cost of approximately $1,824,946. · Option 2: Delete roadway paver block at intersections. The savings associated with this option are $80,000 at the Seacrest intersection, $17,700 at the N.E. 1st Street intersection, $ 17,700 at the N.E. 3rd Street intersection, and $21, 535 at the N.E. 4th Street intersection. The total savings from this option are $136,935, leaving a remaining construction cost of $2,059,145. · Option 3: Delete entire block from Seacrest to N.E. 1st Street. This option will result in savings of approximately $600,847, leaving a remaining project construction cost of approximately $1,595,233. Based on the foregoing, Option 3 is recommended. In addition the largest savings, this option not only reduces the cost to a level close to the original estimate, it also preserves intact the entire project for more than two thirds of its length. Moreover, the block that is deleted is the block where the street improvements are most likely to be impacted by future construction projects, associated with the "Town Square" redevelopment effort. It should be noted that the bid documents are written in such a way that, while the City may reject all bids, it does not have the unilateral right to reduce the project. Therefore, any reduction the City may decide to make in the project is subject to mutual agreement between the City and the Iow bidder. OCEAN AVENUE PROMENADE Engineer's Low Bid Bid Over (Under) Estimate Burkhardt Const. Engineer's Est. ROADWAY DEMOLITION Mobilization $ 50,000 $ 225,000 $ 175,000 Maintenance of Traffic 50,000 110,000 60,000 Unclassified Excavation 9,437 47,936 38,499 Fill 188 800 612 Pavement removal 2" thick 25,579 29,330 3,751 Pave removal 4.5" thick 9,968 16,812 6,844 Payvement removal 6.5" thick 16,751 24,941 8,190 Concrete crub & gutter removal 9,461 15,769 6,308 Concrete curb removal 2,325 2,620 295 Concrete sidewalk removal 16,663 41,323 24,660 Concrete paver remove & reset 2,494 4,921 2,427 Catch basin removal 3,700 2,800 (900) 24" HDPE pipe removal 200 800 600 Concrete bollard removal 2,600 1,365 (1,235) Grass & topsoil removal 163 352 189 Relocate fire hydrant 1,050 6,675 5,625 Relocate backflow preventor 250 2,635 2,385 Wood fence remove & reset 300 246 (54) Guardrail removal 200 123 (77) sign & post removal 1,800 480 (1,320) Light pole base removal 2,000 1,350 (650) Elect. Handhole removal 1,250 120 (1,130) Elec. Conduit removal 1,575 945 (630) Remove & replace sewer main 15,575 22,695 7,120 4" DIP water main 780 4,290 3,510 8" x 4" TS &V 1,500 4,800 3,300 Plug 4" water main 500 645 145 Remove & replace 2" vent pipe 340 2,210 1,870 Remove tree 900 11,340 10,440 Relocate tree 3,150 2,115 (1,035) Remove shrub 1,048 2,620 1,572 $ 231,747 $ 588,058 $ 356,311 OCEAN AVENUE PROMENADE Engineer's Low Bid Bid Over (Under) Estimate Burkhardt Const. Engineer's Est. ~OADWAY Valley gutter 592 696 104 Modified valley gutter 7,733 9,691 1,958 Type "F" curb & gutter 20,475 21,996 1,521 Modified type "F" curb & gutter 7,563 8,950 1,387 6" flush header curb 15,775 27,920 12,145 '12" flush header curb 4,170 5,218 1,048 Type "D" curb 1,301 1,673 372 5'curb transition 1,080 900 (180) 8" limerock base 52,320 73,902 21,582 4" limrock curb paid 6,214 9,357 3,143 3/4" type S-3 pavement 17,188 23,031 5,843 .., 1 1/4" type S-1 pavement 22,838 24,143 1,305 Concrete pavers (sidewalk) 100,680 144,308 43,628 Concrete pavers (roadway) 80,550 136,935 56,385 =Concrete sidewalk 4" thick 938 2,345 1,407 Concrete sidewalk 6" thick 2,240 4,144 1,904 Handicap ramp 2,700 5,400 2,700 Concrete driveay apron 16,013 17,686 1,673 Conc. Wheelstop remove & reset 1,400 175 (1,225) 6" solid traffic stripe (thermo) 2,153 4,736 2,583 24" solid traffic stripe (thermo) 624 624 Directional arrow (thermo) 300 240 (60) Railroad Symbol (thermo) 620 240 (380) Signs 5,850 6,110 260 Sign posts 1,950 3,120 1,170 Reflective pavement marker 42 105 63 $ 373,309 $ 533,645 $ 160,336 DRAINAGE 15" RCP 6,270 5,434 (836) 18" RCP 8,225 7,520 (705) 24" RCP 45,068 39,138 (5,930) 48" RCP 4,000 6,000 2,000 24" PVC pipe 3,850 9,900 6,050 Exfiltration trench 12,600 9,800 (2,800) Type ITG inlet 4" dia. 33,000 27,500 (5,500) Type ITG inlet 5" dia. 3,750 2,850 (900) Type ITG inlet 8' dia. 4,500 9,000 4,500 Type lTV inlet 4' dia 9,000 7,200 (1,800) Drain manhold 4'dia 5,600 5,000 (600) Drain manhold 5' dia. 6,400 6,600 200 Drain manhold 8' dia. 4,000 9,700 5,700 'Control structure 5,000 11,350 6,350 36" stell sleeve (Jack & Bore) 75,000 30,000 . (45,000) $ 226,263 $ 186,992 $ (39,271) OCEAN AVENUE PROMENADE Engineer's Low Bid Bid Over (Under) l Estimate Burkhardt Const. Engineer's Est. LANDSCAPING Foxtail palm 8,750 25,500 16,750 Laural oak 7,800 22,100 14,300 1 gallon shrub 2,745 4,270 1,525 3 gallon shrub 3,732 7,024 3,292 Mulch 1,750 4,900 3,150 Sod 1,474 5,011 3,537 10 gallon potted tree 275 2,420 2,145 Pot (terra-cotta) 8,800 8,250 (550) Tree grate with frame (Palm) 25,000 52,500 27,500 Tree grate with frame (Oak) 31,200 54,600 23,400 Bench 9,100 10,710 1,610 Trash receptacle 9,380 18,200 8,820 Art display platform 20,000 10,000 (10,000) Entry sign 10,000 14,800 4,800 Urban column 26,250 122,850 96,600 Tree barricade 4,000 8,000 4,000 $ 170,256 $ 371,135 $ 200,879 iRRiGATiON - 3/4" sch 40 pvc 900 2,340 1,440 1" sch 40 pvc 1,000 2,600 1,600 1 1/4" sch 40 pvc 1,250 3,000 1,750 1 1/2" sch 40 pvc 840 1,680 840 2" sch 40 pvc 2,760 4,485 1,725 .2" sch 40 pvc sleeve 1,800 2,340 540 3" sch 40 pvc sleeve 1,540 1,804 264 6" galvanized sleeve 500 15,000 14,500 1 1/4" sch 40 pvc (wiring) 1,950 4,680 2,730 #14 AWG wire 1,875 3,750 1,875 PE - 39 communication cable 700 350 (350) 1" zone valve with box 750 180 (570) 1 1/2" zone valve with box 1,225 280 (945) 4" pop up stream bubbler 510 918 408 6" pop up spray head 2,530 3,300 770 12" pop up spray head 336 600 264 Flood bubbler 1,212 1,515 303 1 1/2" pvb backflow manifold 350 1,755 1,405 Flow meter 1,000 1,755 755 Automatic controller 4,200 2,340 (1,860), Rainswitch 125 175 50 ~ull box 350 1,645 1,295 3/4" sch 40 pvc (wiring) 150 900 750 $ 27,853 $ 57,392 $ 29,539 OCEAN AVENUE PROMENADE 1 Engineer's Low Bid Bid Over (Under) Estimate Burkhardt Const. Engineer's Est. ELECTRICAL Receptacle, 20 amp GFI 3,064 1,600 (1,464) Wall plate wp 913 704 (209) Cast fs box 1 gang 5,280 2,640 (2,640) THHN wire #12 1,425 3,250 1,825 'I'HHN wire #10 2,907 6,750 3,843 THHN wire #8 9,184 18,040 8,856 THHN wire #6 25,791 50,310 24,519 !THHN #350 MCM 125 2,850 2,725 THHN wire, #3 3,564 5,775 2,211 30 amps disconnect, NEMA 3R 207 2'35 28 Panel board, 208/120, 225A 9,671 17,800 8,129 15-50A-1 P, 120% 10,000 AIC 3,960 2,310 (1,650) 70-225A-3P, 240% 22,000A/C 2,262 460 (1,802) Handholes - 4'x4'x3'D 4,193 12,000 7,807 SA 175 W MH~17' fluted pole 150,192 190,400 40,208- SB 400 W MH 30' alum pole 3,728 4,650 922 SC 150 W MH/Ground mount 23,736 7,860 (15,876) SD/100 W MH/Tree Well Mtd. 14,360 15,800 1,440 Se 4' long I samp sign fixt. 2,000 2,220 220 !Concrete pole bases 25,172 26,970 1,798 U/G duct bank - 3/4'' pvc 1,999 5,040 3,041 U/G duct bank - 1" pvc 720 1,560 840 U/G duct bank - 1 1/4" pvc 3,500 7,000 3,500 U/G duct bank - 1 1/2" pvc 14,775 28,500 13,725 U/G duck bank - 2" pvc 1,560 4,920 3,360 Rod, cu clad, 10' long, 34' alia 4,763 3,410 (1,353) Bronze coupling, 3/4" alia 748 464 (284) Bare cu #8 294 1,410 1,116 6" galvanized sleeve 8,000 24,000 16,000 1, 00 Amp 120/240V panel 5,000 1,930 (3,070) $ 333,093 $ 450,858 $ 117,765 Allowance No. 1 $ 8,000 $ 8,000 $ 1,370,521 $ 2,196,080 $ 825,559 MEMORANDUM To: From: Date: Re: Kurt Bressner, City Manager Quintus Greene, Development Director July 5, 2000 Ocean Avenue Promenade On June 8, 2000 the bids for the construction of the Ocean Avenue Promenade were opened. Two bids were received. The Iow bid was from Burkhardt Construction, Inc. of West Palm Beach, FL. The Iow bid for the project was $2;196,079.75. The second Iow bidder offered a price of $2,287,052.90. The difference in the two bids was $90,973.15, or a 4% difference in price. Both bids exceeded the engineer's estimate by a significant amount. The project had been estimated at $1,574,895~00, which means that the Iow bid exceeded the estimate by $621,184.75. or 39%. Given the magnitude of the bid price over the estimated cost, the City has a limited number of alternatives available to it. These include: · Postponing the entire project. · Redesigning and re-bidding the project. · Constructing the project as presently bid. · Altering the project to reduce the price of construction In light of the high profile nature of this project, the delays that have already occurred, and its importance as a link in the city's overall downtown revitalization program, a further postponement of the project is not recommended. Moreover, current economic conditions are such that, most local contractors have more than enough work. This is evidenced by the fact that only two bids were initially received and both were well above the estimate. As a result, it is unlikely that re-bidding the project anytime in the near future, even with some design modifications, will result in a substantially lower cost. Aside from awarding the project to the Iow bidder at the price quoted, the only other alternative is to modify the project to reduce the cost of construction. To this end staff has conducted a thorough analysis of the bid in an effort to find suitable areas to reduce costs without undoing the whole purpose of the project. Accordingly, the following three (3) options are offered for the consideration of the City Commission. Ocean Avenue Page 2 · Option 1: Delete ali landscaping from the project. This will result in a savings of approximately $371,135, leaving a remaining project construction cost of approximately $1,824,946. · Option 2: Delete roadway paver block at intersections. The savings associated with this option are $80,000 at the Seacrest intersection, $17,700 at the N.E. 1st Street intersection, $ 17,700 at the N.E. 3rd Street intersection, and $21, 535 at the N.E. 4th Street intersection. The total savings from this option are $136,935, leaving a remaining construction cost of $2,059,145. · Option 3: Delete entire block from Seacrest to N.E. 1st Street. This option will result in savings of approximately $600,847, leaving a remaining project construction cost of approximately $1,595,233. Based on the foregoing, Option 3 is recommended. In addition the largest savings, this option not only reduces the cost to a level close to the original estimate, it also preserves intact the entire project for more than two thirds of its length. Moreover, the block that is deleted is the block where the street improvements are most likely to be impacted by future construction projects, associated with the "Town Square" redevelopment effort. It should be noted that the bid documents are written in such a way that, while the City may reject all bids, it does not have the unilateral right to reduce the project. Therefore, any reduction the City may decide to make in the project is subject to mutual agreement between the City and the Iow bidder. OCEAN AVENUE PROMENADE 1 Engineer's Low Bid Bid Over (Under) Estimate Burkhardt Const. Engineer's Est. ROADWAY DEMOLITION Mobilization $ 50,000 $ 225,000 $ 175,000 Maintenance of Traffic 50,000 110,000 60,000 Unclassified Excavation 9,437 47,936 38,499 Fill 188 800 612 Pavement removal 2" thick 25,579 29,330 3,751 Pave removal 4.5" thick 9,968 16,812 6,844 Payvement removal 6.5" thick 16,751 24,941 8,190 Concrete crub & gutter removal 9,461 15,769 6,308 Concrete curb removal 2,325 2,620 295 Concrete sidewalk removal 16,663 41,323 24,660 Concrete paver remove & reset 2,494 4,921 2,427 Catch basin removal 3,700 2,800 (900) 24" HDPE pipe removal 200 800 600 Concrete bollard removal 2,600 1,365 (1,235) Grass & topsoil removal 163 352 189 Relocate fire hydrant 1,050 6,675 5,625 Relocate backflow preventor 250 2,635 2,385 Wood fence remove & reset 300 246 (54) Guardrail removal 200 123 (77) sign & post removal 1,800 480 (1,320). Light pole base removal' 2,000 1,350 (650) Elect. Handhole removal 1,250 120 (1,130) ~Elec. Conduit removal 1,575 945 (630) Remove & replace sewer main 15,575 22,695 7,120 4" DIP water main 780 4,290 3,510 8" x 4" TS &V 1,500 4,800 3,300 Plug 4" water main 500 645 145 Remove & replace 2" vent pipe 340 2,210 1,870 Remove tree 900 11,340 10,440 Relocate tree 3,150 2,115 (1,035) Remove shrub 1,048 2,620 1,572 $ 231,747 $ 588,058 $ 356,311 OCEAN AVENUE PROMENADE Engineer's Low Bid Bid Over (Under) Estimate Burkhardt Const. Engineer's Est. ROADWAY Valley gutter 592 696 104 Modified valley gutter 7,733 9,691 1,958 TYpe "F" curb & gutter 20,475 21,996 1,521 vlodified type "F" curb & gutter 7,563 8,950 1,387 6" flush header curb 15,775 27,920 12,145 12" flush header curb 4,170 5,218 1,048 "D" curb 1,301 1,673 372 1,o o 9o0 8" limerock base 52,320 73,902 21,582 4" limrock curb paid 6,214 9,357 3,143 3/4" type S-3 pavement 17,188 23,031 5,843 1 1/4" type S-1 pavement 22,838 24,143 1,305 Concrete pavers (sidewalk) 100,680 144,308 43,628 Concrete pavers (roadway) 80,550 136,935 56,385. Concrete sidewalk 4" thick 938 2,345 1,407 Concrete sidewalk 6" thick 2,240 4,144 1,904 Handicap ramp 2,700 5,400 2,700 Concrete driveay apron 16,013 17,686 1,673 Conc. Wheelstop remove & reset 1,400 175 (1,225) 6" solid traffic stripe (thermo) 2,153 4,736 2,583 24" solid traffic stripe (thermo) 624 624 Directional arrow (thermo) 300 240 (60}. ~,ailroad Symbol (thermo) 620 240 (380', Signs 5,850 6,110 260 Sign posts 1,950 3,120 1,170 Reflective pavement marker 42 105 63 $ 373,309 $ 533,645 $ 160,336 DRAINAGE (836i 15" RCP 6,270 5,434 18" RCP 8.225 7,520 (705) 24" RCP 45,068 39,138 (5,930) 48" RCP 4,000 6,000 2,000 24" PVC pipe 3,850 9,900 6,050 Exfiitration trench 12,600 9,800 (2,800)'! Type ITG inlet 4" dia. 33,000 27,500 (5,500) TYpe ITG inlet 5" dia. 3,750 2,850 (900'j Type ITG inlet 8' dia. 4,500 9,000 4,500 Type lTV inlet 4' dia 9,000 7,200 (1,800) Drain manhold 4'dia 5,600 5,000 (600) Drain manhold 5' dia. 6,400 6,600 200 Drain manhold 8' dia. 4,000 9,700 5,700 Control structure 5,000 11,350 6,350 36" stell sleeve (Jack & Bore) 75,000 30,000 (45,000) $ 226,263 $ 186,992 $ (39,271) OCEAN AVENUE PROMENADE Engineer's Low Bid Bid Over (Under) Estimate Burkhardt Const. Engineer's Est. LANDSCAPING Foxtail palm 8,750 25,500 16,750 Laural oak 7,800 22,100 14,300 ~1gallon shrub 2,745 4,270 1,525 3 gallon shrub 3,732 7,024 3,292 Mu Ich 1,750 4,900 3,150 Sod 1,474 5,011 3,537 10 gallon potted tree 275 2,420 2,145 Pot (terra-cotta) 8,800 8,250 (550) Tree grate with frame {Palm) 25,000 52,500 27,500 Tree grate with frame (Oak) 31,200 54,600 23,400 Bench 9,100 10,710 1,610 Trash receptacle 9,380 18,200 8,820 Art display platform 20,000 10,000 (10,000~ Entry sign 10,000 14,800 4,800 Urban column 26,250 122,850 96,600 Tree barricade 4,000 8,000 4,000 $ 170,256 $ 371,135 $ 200,879 IRRIGATION 3/4" sch 40 pvc 900 2,340 1,440 1" sch 40 pvc 1,000 2,600 1,600 1 1/4" sch 40 pvc 1,250 3,000 1,750 1 1/2" sch 40 pvc 840 1,680 840 2" sch 40 pv¢ 2,760 4,485 1,725 2" sch 40 pv¢ sleeve 1,800 2,340 540 3" sch 40 pvc sleeve 1,540 1,804 264 6" galvanized sleeve 500 15,000 14,500 1 1/4" sch 40 pvc (wiring) 1,950 4,680 2,730 ~14 AWG wire 1,875 3,750 1,875 =E - 39 communication cable 700 350 (350) 1" zone valve with box 750 180 (570) I 1/2" zone valve with box 1,225 280 (945) 4" POP up stream bubbler 510 918 408 6" pop up spray head 2,530 3,300 770 12" pop up spray head 336 600 264 Flood bubbler 1,212 1,515 303 '1 1/2" pvb backflow manifold 350 1,755 1,405 :low meter 1,000 1,755 755 Automatic controller 4,200 2,340 (1,860) Rainswitch 125 175 50 ~ull box 350 1,645 1,295 3/4" sch 40 pvc (wiring) 150 900 750 $ 27,853 $ 57,392 $ 29,539 OCEAN AVENUE PROMENADE Engineer's Low Bid Bid Over (Under) Estimate Burkhardt Const. Engineer's Est. ELECTRICAL Receptacle, 20 amp GFI 3,064 1,600 (1,464 Wall plate wp 913 704 (209) Cast fs box 1 gang 5,280 2,640 (2,640) THHN wire #12 1,425 3,250 1,825 THHN wire #10 2,907 6,750 3,843 THHN wire #8 9,184 18,040 8,856 THHN wire #6 25,791 50,310 24,519 THHN #350 MCM 125 2,850 2,725 THHN wire, #3 3,564 5,775 2,211 30 amps disconnect, NEMA 3R 207 235 28 Panel board, 208/120, 225A 9,671 17,800 8,129 15-50A-1 P, 120V, 10,000 AIC 3,960 2,310 (1,650) 70-225A-3P, 240V, 22,000A/C 2,262 460 (1,802) Handholes - 4'x4'x3'D 4,193 12,000 7,807 SA 175 W MH/17' fluted pole 150,192 190,400 40,208 SB 400 W MH 30' alum pole 3,728 4,650 922 SC 150 W MH/Ground mount 23,736 7,860 (15,876) SD/100 W MH/Tree Well Mtd. 14,360 15,800 1,440 Se 4' long 1 samp sign fixt. 2,000 2,220 220 Concrete pole bases 25,172 26,970 1,798 U/G duct bank - 3/4" pvc 1,999 5,040 3,041 U/G duct bank - 1" pvc 720 1,560 840 U/G duct bank - 1 1/4" pvc 3,500 7,000 3,500 U/G duct bank - 1 1/2" pvc 14,775 28,500 13,725 U/G duck bank - 2" pvc 1,560 4,920 3,360 Rod, cu clad, 10' long, 34' dia 4,763 3,410 (1,353) Bronze coupling, 3/4" dia 748 464 (284)i Bare cu #8 294 1,410 1,116 6,' galvanized sleeve 8,000 24,000 16,000 100 Amp 120/240V panel 5,000 1,930 (3,070) $ 333,093 $ 450,858 $ 117,765 Allowance No. 1 $ 8,000 $ 8,000 - $ 1,370,521 $ 2,196,080 $ 825,559 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 20~20 PLAN OVERLAY DISTRICTS APPLICANT'S AGENT: City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Boulevard DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2000 TYPE OF RELIEF SOUGHT: Comprehensive Plan Text Amendment DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida ~ppearing 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 X 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 "A" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~~.. ~ //; ~~ ~~ ~ City Clerk J:,S H RDATA~Ianning,S HARE D,~,PRO J ECTS'O~RLAY CPTA'7-5~0 CC DevelopOrder. doc EXHIBIT "A" Conditions of Approval Project name: 20/20 PLAN OVERLAY DISTRICTS File number: Comprehensive Plan Test Amendment (CPTA 00-002) DEPARTMENTS INCLUDEI REJECT PUBLIC WORKS 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 PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE X ADDITIONAL CITY COMMISSION CONDITIONS MWR/dim J:\SItRDATA~Planning\SHARED\WPXPROJECTS\OVERLAY CPTA\CC 7-5-00 cOIqD OF - - · DEVELOPMENT ORDER OF THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Bradshaw Bed and Breakfast APPLICANT'S AGENT: Peter Schmidt, Esquire APPLICANT'S ADDRESS: 658 Manor Drive, Boynton Beach Florida DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 27, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 658 Manor Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 X 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: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ~' City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Bradshaw Bed and Breakfast\CC 6-20-00 Develop Order. doc EXHIBIT "C" Conditions of Approval Project name: Bradshaw Bed and Breakfast File number: COUS 00-001 Reference: 2nd Review, Conditional Use. File # COUS 00-001 with a June 6, 2000 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: 1. As discUssed at the June 6, 2000 TRC meeting, identify within the site data X found on the drawing titled site plan the use of the facility. Indicate that the use is being changed from an apartment complex to a ten- (10) unit Bed and Breakfast that includes one unit for the proprietor. 2. As discussed at the June 6, 2000 TRC meeting, for clarification in defining X the location and type of structures, it is recommended that within the footprint of the buildings that are shown on the site plan a letter designation shall be placed that identifies each building. The same letter designation shall be placed in the site data and, to further defme the structures, a unit number shall be added to the site data. The unit number shall directly correspond to a unit number that identifies the location of all units on the site plan and floor plan drawings. Def'me separately in the site data the storage shed building. 3. As discussed at the June 6, 2000 TRC meeting, add to the buildings that are X depicted on the drawing titled site plan a labeled symbol that identifies the Bradshaw Bed and Breakfast File number: COUS 00-001 Page 2 of 3 DEPARTMENTS INCLUDE REJECT location of the handicap accessible entrance door to the accessible unit. Add the location of the accessible entrance door to the floor plan drawing. Also, show the accessible route from the accessible unit to the recreational amenities, each common area space and the accessible parking space. Label on the site plan and floor plan drawing the location of the areas that are common space for all customers. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings that are required to be installed along the path. Identify on the plan the width of the accessible route. (Note: The minimum width required by the codes forty-four (44) inches). Add text to the existing note on the site plan that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations stated in the Fair Housing Act. Please note that at time of permit review the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the applicable accessible regulations. 4. As discussed at the June 6, 2000 TRC meeting, on the drawing titled site X plan, identify the symbol that represents the property line. 5. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 6. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time of permit review. 7. Permits are required to construct the improvements that are shown on the X approved site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when an applicant submits for permit review. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 8. The current regulations prohibit cooking facilities or food storage in any X rental room or unit in the bed and breakfast establishment, with the Bradshaw Bed and Breakfast File number: COUS 00-001 Page 3 of 3 DEPARTMENTS iNCLUDE REJECT exception of one-room cottages with existing kitchenettes where the removal of kitchenettes is not required. Bring the property to compliance with the Code or request and obtain modification of the applicable regulations. 9. Provide the missing site data information in the site plan tabular data, X including: parking calculations (number of spaces required and provided); setback table; area of site in acreage and square footage and total number of Bed and Breakfast units. (Ch. 4, Sec. 7. Par. E) and Ch.2 Sec. 16. Par. B.2.d. 10. Label lighting locations as "existing". X 11. On the site plan, provide a sign plan including elevations, with pole height. X A 10' setback is required from the right-of-way. (Ch. 9, Sec. 10, Par. I) 12. The typical parking bay dimension detail does not correspond with the site X plan parking dimensions. Please correct the dimension shown on the site plan. (ADA Table M-2) & (City drawing # B-90012) 13. Label landscape plan as "As Built" plan. X 14. Sign and seal all plans for the building permit submittal. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 15. NONE X ADDITIONAL CITY COMMISSION CONDITIONS 16.~ ,4~' X mWR/bw j:~SHRDATA\PLANN1NG\SHAKED\WlakPROJECTSkBRADSHAW BED AND BREAKFAST~BRADSHAW CONDITIONS OF APPROVAL.DOC