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R94-004RESOLUTION NO. ~-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, STRONGLY REQUESTING GOVERNOR CHILES TO INTERCEDE ON BEHALF OF THE CITY TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (D.O.T.) REGARDING THE CITY'S PERMIT APPLICATION FOR THREE (3) LANDSCAPED MEDIANS AT S.Ro 804; ALSO REQUESTING THE GOVERNOR TO DIRECT D.O.T. TO PERFORM NECESSARY CLEAN-UP OF FOUR 1- 95 INTERCHANGES WITHIN THE CITY'S CORPORATE LIMITS; AUTHORIZING AND ~IRECTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO GOVERNOR CHiLEs AND THE STATE OF FLORIDA DEPART~IENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in March, 1990, the City of Boynton Beach submitted initial plans to the District IV office of the State of Florida Department of Transportation (D.O.T.) regarding construction of landscaped medians on Boynton Beach Boulevard (State Road 804), a copy of permit application, plans and chronology of events are attached as composite Exhibit "A"; and WHEREAS, after numerous meetings, submissions, and resubmissions by the City at the direction of the D.O.T., over a period of almost four years, the City's plans have been denied and the D.O.T. has now submitted their own plans (State Project No. 93200-3500) to fully pave and construct 8' wide concrete sidewalks along SR 804, without benefit of landscaped medians, with construction scheduled to begin in April, 1994; and WHEREAS, the construction of 8' wide concrete sidewalks and pavement without benefit of landscaped medians is inconsistent with the City of Boynton Beach's beautification goals and objectives, and the only recourse available to the City is strongly requesting Governor Chiles intervention on behalf of the City to the State of Florida Department of Transportation to approve the City's landscape p~ans, and / WHEREAS, there also exist four 1-95 interchanges within the City's corporate limits, Woolbright Road, Boynton Beach Boulevard (SR 804), Gateway Boulevard and Hypoluxo Road; and WHEREAS, all of the above interchange approach and exit ramps exhibit large quantities of roadside hazard and miscellaneous debris and trash which negatively impact the safety, health and welfare of the motoring public, as evidenced by the photographs attached as Exhibit "B"; 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 strongly urges and requests Governor Chiles to intervene on behalf of the City of Boynton Beach to the State of Florida Department of Transportation regarding the three medians at Boynton Beach Boulevard (SR 804) and strongly urging the D.O.T. to perform necessary clean-up, planting and landscaping of the four 1-95 interchanges located within the City's corporate limits and continue to maintain said interchanges after clean-up is accomplished to the same degree as interchanges in Delray Beach and Boca Raton. Section 2. The City Clerk is hereby directed to forward a copy of this Resolution upon passage to the Governor Chiles and the State of Florida Department of Transportation. / PASSED AND ADOPTED this ~ day of January, 1994. ATTEST: Cit~ Clerk CITY OF BOYNTON BEACH, FLORIDA / SR804.Med 12/29/93 Sup. EMS 10/4/93 D-4 (w) (s) 1'2/88 DATE: // PERMIT NO.: SUBJECT:' Secti n 93200 State Road 804 County ?alm BeaCh PERMITTEE: Ct=v of Boyutou Beach~ Flo:lda Requesting permission from the State of Florida Department of Transporta- tion, hereinafter called the Oepartment, toconstruct, operate and maintain Tb:ee (3) cu:bed medians between 1-95 and Seac:est Blvd.-aud~.!~stalla:lon tba~rela4:e~mndS~a~. See aerated draw~ ~90007~ sheets 1 :~: 3.~Vb .~. from MP 5ration: See location sketch tO MP 1. Proposed work ~s wfthtn the corporate l]m~ts""of a munlclpalit~. N~ of Municipality. City of Bottom Beach, Flo:ida · 2. ~pplt:a~t~deci~res that prior to su~tting th~s application he ha~ ascertafned the locatton of all exfstlng uttlfties, both aerial and unde~gr°und. A letter of notfffcatfon and plan of fmprovement was mail:ed on ///[~/q7 ~' to the following-uti]tries/ munlctpa]itlesL Ylottda lie I t i permi s ti t~ or a ri ulated that this permit is a license for the placing of facilities upon public to this permit shall not operate to create or right in said holder. by the Department that it is necessary improvement, maintenance, safe and :ion, alteration, or relocation of all, or any or that it is necessary for the public tY, any and all facilities shall be ~d from said highway, or reset or relocated Department, all at the expense of the is authorized. maintenance of such facility shall not and rights of a prior permittee. rs:ands that the rights and y to the extent of the d interest in the land to be entered upon er. The permit holder will at all ;k/of and indemnify, defend, and save harmless and the Oepartment from and against all loss, arising in any manner on account of the exercis, said permit holder of the aforesaid of th~ rtionment i- g 10. wm ] 'b~ equal to those l~mits establmshed by the legi Section 768.28, F.S., or any successor n ieffect'at the issuance of the permit. lc observe all Department safety regulations The permit holder must safely conduct the area t.n accordance with Part VI of the Control Devices and Index 600 of the R~ : Design Standards by displaying necessary safety in~ whatever other measures are rem~4~eed or appropriate. lo, ~ ho der fails to meet any of th~ Department re~ holder will-be BARRED from performing k und ~ts permit and wtll be required to bring ~ted work into compliance or remove said work from the r the PERMIT HOLDER W INDEMNITY cerl by THE lin writing, that the work has been substantiall~ th the Department Standards Specifications mstruction, and in accord with all rules, , po~ , plans, special provision, and safety standards to this type work. The Engineer of Record is ~ RICHARD ~AUDINGER, P.E., City Engineer Located at t n Be~ch Blvd.,Boyn~Bgh~]orida, zip c0de.33435 %E~"4%7 )1683-3301 IL 12. ~ll materials and equi~ment-~ay besUbject to inspection by the Maintenance or Resident Engineer. All Department property shall be restored to its original condi- tion as far as practical, in keeping with Department specifications, and in a manner satisfactory to the Department. 13. The attached drawing and special provision covering details of this installation shall be made part of this permit. 14. The permittee shall conm~ence actual construction in good faith within 6o days from the day of said permit approval and shall be comp~within lZO days. If the beginning date is more · than 60 days from da~ permit approval, the permtttee must review the permit with the D.O.T. Maintenance Engineer to make sure no changes have occurred in the highway that would affect the permitted construction. 15. The Office of Highway Maintenance or Resident Engineer .*located at ~eet Palm Be~ch, Florida, telephone number (407) 683-4646 · will be notified twenty four (24) hours in advance of the pre- ~onstructton meeting and again in~edlately before beginning work. 16. Special Instructions: DrawinR B-90007~ Sheet 2 of 3 (Landscaping) .reflects an earlier median design confi~uratton (width & ~apered end treatments have been revised)~ however, landscape materials quanti~y lists have been adjusted to n~w d~si;n (ref. 7/~8/92 Grant request to Mr. Earl Hi~ins). 17. Special Conditions: The City requests a variance to reduce the outer travel lanes within ~he construction_area rD,,twelve & one-h~lf (12.5) feet. 18. Effective duly 1, 1986, according to the State Statue (14-65 Section 336.07) the Permtttee must notify the local Law Enforcement Agencies prior to the closing of one (1) or more lanes of the State Highway for a period that exceeds two (2) or mo~e hours for repair, reconstruction or alteration of the roadway. Submitted by: (1) WITNESS Sj.~S Mill .. cott er, City Manager, Cit? of Boynton Beach, F1 (TYPE OR PRINT} NAME AND TITLE PLACE CORPORATE SEAL (2) WITNESS ~ ' ' IF CORPORATE SEAL IS NOT APPROPRIATE, THEN THE SIGNATURE OF TWO (2) WITNESSES IS REQUIRED. .ATTESTED "Waiver of Corporate Seal" on file with General Counsel, State of Florida Department of Transportation, Tallahassee, Florida. Yes ( ) No ( ) Roadway Construction is proposed/underway. Yes ( ) Job Number No ( ) Reco~ended for Approval Title Date: Apprnved by: DiStrict Traffic Services Engineer or Authorized Representatiw PAGE Z OF 2 CITY OF BOYNToNBEAcH FLORIDA Subject: Chronology of Events - Three L~ndScaped Medians at S.R. 804 March 1990 - Initial Plan submission to District IV Office. o April 1990 State plan reviewers submit comments to City in the form of marked (red-lined) plans. May 1991 - City amends plans in accordance with State plan reviewer's comments and resubmits amended plans asking for reconsideration regarding DOT request to shorten median lengths. a 3une 1991 - DOT responds to City approving adds comments (not provided by regarding traffic lane widths. median length adjustments but DOT during initial revlew) November 1991 City resubmits amended plans. December 1991 DOT responds to City's plan resubmission and a meeting between City Officials and District IV Office is held. District IV Secretary assures City Manager of plan approval. December 1991 - City retains services of Consulting Engineers to study and address additional comments received from DOT. February 1992 City Commission adopts Resolution ~92-25 authorizing staff to enter into the Highway Beautification Grant Program for the landscaping of the three medians. o August 1992 - Consulting Engineer approves plans and resubmits plans with a formal application for permit. o November 1992 - City receives verbal comments from DOT and plans are again amended and approved for resubmission to DOT by City's Consulting Engineer (Gee & Jenson). ~pril 1993 City receives letter from DOT offering an alternative design which is found to be unacceptable by the City as if deletes most all grassed utility strip areas and diminishes the median widths to that degree which precludes the planting of decorative trees. o April 1993 - City transmits letter to DOT notifying DOT that alternative plan is unacceptable and City requests a "...formal written answer..." to the permit application as submitted. o May 1993 o May 1993 - City staff meets with DOT regarding DOT plan comments and after discussions are held, DOT again assures City that the permit application will be ruled upon favorably by DOT. - Variance submission by City (a recommended action by DOT) is denied by District IV Office. September 1993 City Manager transmits letter to District IV Secretary requesting his intervention in resolving repetitive plan review problems as DOT submits commen<s to City which do not apply to the City's proposed plan to beautify S.R. 804. District Secretary does not respond but has theDOT D.i~r'e~or.of Operations respond to City Manager's request for assistance letter. DOT staff member in his response letter, fully denies City application for permits.(October 1993) November 1993 State transmits to City the States own plans to fully pave S.R. 804 as well as construct 8' wide sidewalks without benefit of providing landscaped medians or landscapmng of any kind whatsoever. (State Project Number 93200-3500) Approximate construction start date for State project is April 1994. December 1993 The City Engineer reviews DOT plans and criticizes plan as creating a "Concrete Jungle" inconsistent with City's beautification goals and objectives. Meeting with DOT staff members (on-site preconstruction meeting) resulted in DOT advising City staff that "...only the Governor can intervene and direct the DOT to issue the City permits." Chronology by Vincent Finizio, Deputy City Engineer and Ken Hall, Engr. Aide I Reviewed and approved as to form by J. Scott Miller, City Manager. FLORIDA' DEPARTMENT OF TRANSPORTATION Mr. Scott Miller 100 E. Boynton Beach Boulevard P. O. Box 310 BoMnton Beach, FL 33425-0310 Dear Mr. Miller TRAFFIC OPERATIONS DISTRICT 4 3400 West Commercial Boulevard Ft. Lauderdale, Florida 33309-3421 Telephone (305) 486-1400 =~otober ~f~:, 'I993 RE: State Section 93200, State Road 804 Request for review of Permit Application No. 2567 (Construction of three, curbed medians within SR 804) Thank you for your September 7, 1993 letter of this subject. Mr Lewis's posit~on given in his letter of August t9, 1993; and the long standing policy of the Department are consistent with AASHTO'S A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS, 1990. AASHTO (page 348) states: "For iow speed street conditions, mountable curbs may be placed at the edge of a through lane, although it is preferable that the curbs be offset one to two feet. It zs our policy to adhere to such preferences stated by AASHTO when they are based on safety unless we find compelling and 3ustifiable reasons not to do so at s particular site. Furthermore, AASHTO is referring here to a mountable curb (a curb less than six inches in height). When we permit a mountable curb, we are required by our standards to provide a clearance of .048m (10 feet) from the edge of the driving lake to obstacles such as trees expected to have diameters equal to or greater than four inches. In this case, approval of the subject permit, as requested, would imprudently introduce two features detrimental to safety criteria. Both the palm trees and the curb have insufficient offsets from the edge of the through lane, Respectfully, we cannot approve the subject permit with the curb less than .457m (1.5 feet) from the edge of the lane. DH:ctb File 1320 Don Henderson, P.E. Director of Operations District Four Boynton Beach ,P.o, Box310 Boynton Bo~_.h. ~ 33425.0310 City HOE.. (407) 73441n FAX: (407} 73~-7459 September 7, 1993 Mr. Rick Chesser, District IV Secretary 3400 W. Commercial Blvd. Fort Lauderdale, Fi 33309-3421 Re: Request for re-review of Permit Application No. 2567 (Construction of three, curbed medians within S.R. 804) Dear Rick: The City of Boynton Beach is desirous of beautifying the subject roadway just east of the 1-95 corridor by creating a treerlined, landscaped pro3ect with visual impact to enhance our "entrance/ gateway" to our central business district. To meet our objective to plant palms/trees of any stature, we need medians wide enough to meet F.D.O.T. offset requirements (ie; eleven foot wide medians rather than eight foot widths). The City requested a yariance from the desirable fourteen foot wide curb lane to a 12.5 width based on the constrictions of the road segment and the low posted speed (35 MPH), but it was denied. Most recently, we submitted a proposed reconfiguration of the lane striping that provided for a 14 foot curb lane and an 11 foot inner lane by locating the inner lane striping two inches off the edge of pavement (enclosed), which does not violate any F.D.O.T. standards. This would provide the City with the desired eleven foot wide median. Recent correspondence from Mr. William Lewis denied this proposal because it does not meet "the offset criteria based on the 1990 edition of the AASHTO publication". Looking at the enclosure (attached) sent to us supporting Mr. Lewis' decision, the reference to curb placement seems to refer to the shoulder areas of roadways and not median curbs. If one assumes it also applies to median curbs, then the article supports our proposal by stating that "For low speed street conditions, mountable curbs may be placed at the edge of a through lane, although it is preferable that the curbs be offset 1 or 2 ft." Americas Gateway to the Gulfstream Mr. Rick Chesser, September 7, 1993 Page %2 District IV Secretary The City feels that the pro3ect is a viable one and one that will soften the harsh skyline of concrete and steel as one enters our City. We ask that you intercede on our behalf and approve the permit for a more attractive Boynton Beach. Your support would be most appreciated. Very truly yours, CITY OF BOYNTON BEACH, FLORIDA J. Scott Miller City Manager /ck cc: Ken Hall, Engineering Dept. Kevin Hallahan, Parks Dept. attachment: William A. Lewis, Jr., P.E. letter dated 8/19/93 . FLORIDA' Mr. Ken ~all 100 E, BoYnton P. O. Box 310 Boynton Beach, DEPARTMENT OF TRANSPORTATIOI' TRAFFIC OPERATIONS - DISTRICT · 3400 West Commercial Boulevard Ft. Lauderdale,.~lorida 33309-$421 TeIephone-($05) 777-4350 August 19, 1995 /~ ~'..~.J~'?' Beach Boulevard "~ ~ ~x~ "' Dear Mr. Hall: Re: Section 93200, State Road 804 (Boy~to~ Be~ch Boulevard) from 1-95 to Seacrest Boulevard. Cit7 of Boynton Beach Median Landscapin~ We have reviewed the latest cross section design for State Road 804 which attempts to incorporate the subject landscaping. Since the 0.46m (1.5 foot) offset criteria from face of curb to the lane line is not met, we must deny this request. The Department's criteria is based on the 1990 edition of the AASHTO publication A Policy on Geometric Design of Highways and Streets. AASHTO requirements are highlighted on the attached photocopy. I have been recently informed that the offset requirements for objects behind curbs has recently been revised. Although not published, the adopted criteria requires a 1.83m (6..0 foot) offset from edge of pavement to an object regardless of the curb type. This new criteria also restricts the median landscaping effort. Our April 5, 1993 letter outlines acceptable cross section designs and the type of landscaping allowable. With the issuance of permit number L-93200-2569-92, alternate 1 can be pursued at this time. Median landscaping utilizing this cross section must still conform to the requirements of design index 545. Also, turn lane design must conform to revised design index $01. District Tr~'~fic Operations Engineer WAL/mvb:Hall.ltr. CC: Alan Rothmann Frank Gordon ENGINEERING DEPA~TN~.NT ~AN~UM NO. 93-39~ TO: James A. Cherof December 28, 1993 City Attorney FROM: Vincent A. Finizio Deputy City Engineer RE: Roadway Hazards and Debris at 1-95 Approach and Exit Ramps DOT Denial of City Permit Application for the Construction of Three (3) Landscaped Medians at SR 804 (Boynton Beach Blvd.) Photographs Provided There exists a quantity of four 1-95 corporate limits. They are: Woolbright Road o Boyn~on Beach Boulevard (SR804) o Gateway Boulevard (22nd Ave.) Hypoluxo Road interchanges within this City's Ail four of the 1-95 interchange approach and exit ramps exhibit large quantities of Roadside Hazards and misc. debris or trash which: Negatively impact the safety, health and welfare of the motoring public. Constitutes an eyesore to the community thereby diminishing our commun- ity character. Increases the likelihood of causing primary and secondary accidents as a result of the existence of raodside hazards which may cause severe tire damage, blow-outs etc. The existence of broken bottles and glass fragments constitutes a safety and health hazards for pedestrians. The existence of debris fr6m vehicular impacts (accidents) reflects' poorly on the State's Highway Roadside Maintalnence Program. The Interchange(s) being devoid of any form of landscaping, results in an urbanized appearance which is unacceptable to the City of Boynton Beach whcih strives to improve the overall standard of living for it's residents. Debris at DOT drainage grates diminishes their - © cc: J. Scott Miller, City Manager James D. White, P.E., City Engineer function and effectiveness. ~ E 4S,~, ~LVD,