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Agenda 10-04-00
?V-CONSENT AGENDA I'TEM A..~ M*rNUTES OF THE REGULAR CITY COMMISS~O HELD TN COMMI'S~I'ON CHAMBERS, CITY HALL, BOYNT~.. ....... ,. ,...,..,.,..~ ON TUESDAY,, SEPTEMBER 19, 2000 AT 6:30 P.M. ~ PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tern Bruce Black, Commissioner Charlie Fisher, Commissioner Wilfred Hawkins, Assistant to the City Manager .lames Cherof, City Attorney Sue Kruse, City Clerk I; OPENINGS: Call to Order - Mayor Gerald Broening Tnvocation - Reverend Dr. Marshall Cook - Boynton Beach Congregational Church Pledge of Allegiance to the Flag led by MayOr Gerald Broening Mayor Broening called the meeting to order at 6:35 p.m. Following the invocation, Mayor Broening led ~e pledge of Allegiance to the Flag. D. I'F YOU WZSH TO ADDRESS THE COMM'rSS'rON: · FI*LL OUT THE APPROPRZATE REQUEST FORM · GIVE l"r TO THE CZTY CLERK (ON THE DA*rS) BEFORE THE "OPENTNGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME t'ND[¥~DUALS MAY SPEAK FOR THREE UN?NTERRUPTED M~'NUTES. Mayor Broening reminded the audience that §peaker's cards must be submitted prior to the opening of the meeting. E. Agenda Approval: 1. Additions, Deletions, CorreCtions There were no additions, deletions or corrections to the agenda. 2. Adoption Commissioner Fisher moved to approve the agenda. Commissioner Black seconded the motion that carded 4-0. (Hayer Pro Tern Sherman had not yet arrived for the meeting.) :~Z. ADMXNZSTRATZVE: BOYNTON BEAC~H, FLOR[ SEPTEMBER 19, 2000 A. Appointments to be made: Appointment To Be Made . Board Length of Term Expiration Date Mayor Broening I Weiland Children & ¥ou~ Advisory Board Att ~,:,-[ y~r~term?t0 4/0L!~` i.~7;ab[~:(2) children & You~.Ad~i.sory. Boa(d Stu/Reg/Votingr` ~;$ yr..terRm¢o4~O~7~ ::TaBje~/(2) Children&You~iAdviS°ryBoard Stu/Reg/NonVotJng 'l~yr'~r~ to 4/O~.' ~'abl~(2) Mayor Broening Bldg. Board of Adjusb~ent & Appeals AJt i yr term to 4/0i Tabled (2) III Sherman IV Fisher Mayor Broeaing II Black I ~e[land II Bla~ ~.ddUcat~on Advisory Board Ucati0n Advisory ;BOa rd Education .Adviso~ .B~a .r,d' Education Advisor- B~ Reg Alt Reg Fi~r Recreation & Pmrks I~ ard $ y'r tQrm to ,~/01 Commissioner Black appointed Advisory Board. as a Regular member of the Education All remaining appointments were tabled.. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: Special City Commission Buaget Public Headpg to Adop% the FY 2000/200i BUdget -W~dnesday, september 20,!2000 at 6:~ p.m. ;n commission Chambers Mayor Broening announCed that the Spedal City Commission Budget Public: would be held on September 20m at 6:30 p.m. in CommiSsion Chambers. 2. First Oty Commission Meeting in October will be held on Wednesday, October 4, 2000 due to Election Day on Tuesday, October 3, 2000 Mayor Broening announced that the first Oty Commission meeting in October would be held on Wednesday, October 4~ due to-Election Day on TueSday, October B. Presentations: MEETTNG MZNUTES REGULAR CITY COMM~,SS[ON BOYNTONBEACH, FLORIDA SEPTEMBER 19,, 2000 1. Proclamations: None [VlAYOR PRO TEM SHERMAN ARRIVED FORTHE MEETING AT 6:42 P.M. 2, Orientation PowerPoint Presentation - City Clerk Sue Kruse City Clerk Sue Kruse made; an .~OdentaUon PowerPoint Presentation that expaned the op.e. rations of the Oty Clerk s Office~. (~,copy of the presentation is attached ~to the original set of these minutes on file in the City ClerKs Office.) Mayor Broening thanked Ms. Kruse~or:the presentation and for all of the work done by the City Clerk's Office. CONSENT AGENDA: A. Minutes: 1. Agenda Preview Conference of August 31, 2000 2. Regular City Comm ss on Meeting of September 6, 2000 City Commission Workshop Meeting of September 7, 2000 Bm Bids - Recommend Approval - All expenditures are approved in the 1999-2000 Adopted Budget Extend the "ANNUAL SUPPLY OF POLYPHOSPHATE TYPE CORROSION INHIBITORS" BID #097-2821-00/KR to Shannon Chemical Corporation with an estimated annual expenditure of .$32,000 Award the bid for "TVVO YEAR CONTRACT FOR FIRE RESCUE VEHICLE SERVICE REPAIR/MAINTENANCE AND SUPPLIES" - BID #084-2516- 00/CJD to Roy Khanna of Palm Springs, Florida with an estimated annual expenditure for parts of $15,000 and an estimated annual expenditure of $25,000 for contract services, for a total of $40,000 Award the "ANNUAL CONTRACT FOR PIPE riI~iNGS AND ACCESSORIES'; BID #082-1412-00/kr, te various vendors on a Jot-by-Jot basis with an annual estimated expenditure of $75,000 Award the "ANNUAL CONTRACT FOR ~IEDICAL AND DRUG SUPPLIES" BID #100-1412-00/KR to various vendors with an estimated annual expenditure of $110,000 3 ME.- I ~.NG MTNUTES REGULAR CITY coMM'[,SS~ON BOYNTONBEACH, FLOR,TDA SEPTEMBER 1~9~ 2000 Approve ,Partners With Him (PWH) Equipment and SerVice Company, I~orporated to replace the dieseb~el~t~n~:,f°~ the generators in the East ~Ving Generater Room at a cost b~$'13,040 c Approve the use of Me!rD S~rVices Consultants Incorporated for an ir{dependent fire hYd~ant~:~aud~ based~°n' th~?ame pKcing SchedOle as offered: .~..~_ __ ~t° the Ci~.~,,of~ Austin, ~?XaS,, (Co~t~act:~ ~ ~S990219). ;. With estimated work Approve:the attach~ ~ r~e~m,,mnd~n =a~aw~rd,o[ the Property and Ca~aalty-lrisurance:~ it~r~is ;~l ,,Y.~/4~;Ye~ar' 2000~Z00I Resolutions: Proposed Resolution No. R00-127 Re: Approving updated L brary Long-Range Plan for 2000-2003 the Re: , Authorizing the Mayor ahd City Clerk.to execu~ a,,temporary agreement between the City of Boynton ;Beach and Dr. :l~en Scheppke, M D, providing for independent Contractor services as th'e Emergency Medical services Director for the Proposed Resolution No. R00-129 Re: Approving execution of Library ~-J'¢iCes aCd ~echnology Act (LSTA) Grant A;greement~with the Rodda Department~fS~te~ DiviSion of ubraryand Information ~ervices, for the Noighborhood Lib~-ary ,Electronic Access and ,Training Project Proposed Re,s;oJution No. RO0:130 Re: Authorizing and directing :the ,Nay0r and 'C~ Clerk to execute a Mutual Aid Agreement between the City ,of Boynt0r~~ Beach and thePa m Beach Coqnty Sheriff's Office Hill Re: Authorizing the Mayor :o Task Order 28B with CH2M ;rations in the amount of $24,890 Re: Endorsing the goals Coalition Re: Approving Agreement and Marianne Skiera for a 4.31 acre parcel between Military Trail and Cocoa Pine Drive MEE m.~NG MTNUTES REGULAR CZl"Y COMMZSSI'ON BOYNTON BEACH, FLORZDA SEPTEMBER 19,, 2000 Ratification of Planning & Development Board A~tion: Lawrence Oaks PUD (DeStefano) Screen and Pool Setbacks - West side of Lawrence Road, north of Miner Road - Request for master plan modification to reduce screen enclosure setbacks from 2' to 0' and pool setbacks, from 5' to 1~ for ~hose-lots fronting lake, buffer and preserve areas within the Lawrence Oaks PUD Mark Daly ~ East, Railroad Avenue, south of SE 8m Avenue - Request relief from Chapte~ ,2, Zoning, Section 6,- C.3, requ ring a m n mum lot frontage:of 75'to allow a 45' variance or a minimum 10t frontage of 30' within the C-3 zoning district Isles of Hunters Run - West of Congress Avenue and north of Summ t Drive 'm ~e~ Huntem RUn-PUD ? Re~luest.fo~ master .plan modfication approval to change tl~e Screen encosure setback fOr 'l~ackqoaded pools on thenon-zero side from i0' to 8' to coindde with related, building ,codes Quantum Lots 21 and~218-, plan ~ bui acres Request for new site 579 square foot professional office ~ - Lot 50B (~uadtum Pad( PID - construct, a ~14~810 :,square foot Approve Children's £ Royale on the RS~S =und Florida Missing ~ge modifications (Yard Drain) at Village ,~ SNAP§ Agreement I in the use of LaserFiche from departments MoUon Commissioner Black moved ~)approve:~e Consent Agenda, Commissioner Rsher seconded the motion that carried unanimously. V. CZTY MANAGER'S REPORT: A. Review and app~ve proposed advertisement in special insert on Forbes M aqaz~ne showcasing the Intemet Coast" 5 ME,-,.NG MZNUTES . REGULAR CZTY COMMZSSt'ON BOYNTON BEACH~~ FLORZDA SEPTEMBER 19~ '2000 Mr. Hawkins reported that Forbes Maaazine is a publication with worldwide distribution of business advertising. A special edition will be published in December called the Internet Coast ~/ave that wi l be sPonsored-by Techt~ratch. The Citylhas an opportunity to secure this ad in cooperation with a501(C)(3) orcjanizati°n at acoSt of $I~,000.' Witl~ou.t. that cooperation, the ad~ wou d cost $;Z8~000i The .C:,~amber of Commerce offered :asSistance, however, they are a : " : ~" "0 *- The ~C :-We~i ~i have~t~ i~ienti ~, a:~5'~ ¢~ ~3 ~ f~,the Comm ~s on ~cides to participate in this Program. ' ; ~ :~ lent incentive Headded that Thi.~ in Forbes regarding in North of a non- there are many other to the Commission. he attended with consortium of all three ~ area, This issue was ~n addition, no one else ' in Dade he doesn't · fashion. We recently cards that trace back Tern Cnmmi¢¢inn~r I:icht~r f~lt ~at ~e ;money~ sh~ld ~,ou~ of~an account ~at is already set up for deveioomenb ,He ~,S C~ we~ ~ b~t~e~ c~s ~not take ads because when bus ne~,a~ Ioo~ng~ew Vice Mayor Weiland ~E~ JU~ because it is available. d~lam. He Mayor ~ addison, ~e · Bmening said MEET/NG MZNUTES REGULAR CITY COMM~SSZON BOYNTON BEACH, FLOR/DA SEPTEMBER 19, 2000 he knows the value of getting our name out there, He recommended that this City be a leader. Development/redevelopment is the only source of funds in our future that stands any chance of increasing. All of'our aspirations are linked directly with development. Mayor Broening believes that $14,000 or $28;000 of "chumming" money is money well soent particularly at this time when this City has invested so heavily in the Development ,Department. Motion Commissioner,Rsher: moved to approve the purchase of this ad and look towards geeing the discount through a 501(c)(3) corporation rif we,can. Mayor Broening passed the gavel and Seconded the moUon. vice Hayor Weiland qUestioned whether ~e would pay $28,000 f we could not find a 501(c)(3) or§QnizaUon., Commissioner, Rsher ;said ,thab is the way he made the mot on but he fee s confiden[we would beable to get~'a 501(c)(3) corporation to partner with the~City. Themotion failed 2-3. (Vice Mayor Wei and, Mayor Pro Tem Sherman and Commissioner Black d)ssented.) VZ. PUBLIC AUDZENCE: VICE MAYOR WEILAND LEFTTHE DAIS, Herl see the Children's Museum last Friday and he was thrilled to learn hat facility. He presented his personal donation To Virginia Farace, Mr. Suss complained that Mayor Pro Tern Sherman delayed the start of the meeting and requested that, the record reflect the fact that he was late. VICE MAYOR WE[LAND RETURNED TO THE DAIS. When Mr; Suss attempted to commend Commissioner Black for comments he made in an article in 777e ~Oalm ,~ao'~ Po~ about Commissioner absences from meetings, Vice Mayor Weiland requested U'~t Mr. Suss return to the issue he stated on his speaker's card. Mayor Broen ng declared Vice Mayor We land and Mayor Pro Tern Sherman out of order and stated that Mayor Pro Tern Sherman could notquestion Mr. Suss from the dais. Mayor Pro Tern Sherman asked Mayor Broening if he would put an ena to this situation that oc?urs every twO weeks. Mayor Broening explained that the Commiss on had a ~,,l_e that,no on,e would be addressed from the dais. Anyone who breaks that rule would be called outof order'. Vice Mayor Weiland asked to be shown where/when the Commission voted on that rule.. When MayOr Broening said the Commission had agreed on that rule, Mayor Pro Tern Sl~erman disagreed with him and said there was only venal consent. He said that when someone is out of order~ he should be ruled out of order. He pointed out that Mr. Suss comes up with the same trash every two weeks. MEETING MZNUTES REGULAR cTrY COMM~.SSZON BOYNTON BEACH~ FLORIDA SEPTEMBER: 19, 2000 Mayor:Broe~ing advised Mr.,Sus$ that'he would'notallowpersonalrattac~: Hr.. Suss Commissior the work cannot get done. Mr. Suss ~mferred to ,a statement :!n ~e £,~/m ~C~c/~ P~, art!cie: that :refeff~ ?: ~e e s d ~ r n of t~ m~n s a~,-read ~sho~ ~,, M~,~ Su~ d ~gr~h ~at Mmke' i I n s disp eas~ that a morator um is be ng ~ns demd for Ci~ deve ~p~[,~ n e' "'~ ~a~&~.*~ ~id ~e O s e~ $~5~/00O:~fo~'Duecan~a~ ~[~es~ mak~pla~ ~or ~he: ~"~o~ ~ ~OI~O~;-~S~,'~~e~ Cpm~,~!~nd ;~h~ ~z~ns,~e~ ~p~~s plan, ~ Visio~AO/~O Plan is,One th~ ~an:~wOrE ~e u[g~he',:ge~i~ to~e plan. t~i~g~epen he is assistance regard.to the any ¢ommiss oners for adopting (gib/part c pation Committee recommended that a question be placed on fair'and reasonable polio/for Commis.siomabsence: flit[ representation at all I judgment calls., parameters for elected 20~ Street off Federal of this 8 MEc I ,NG MZNUTES REGULAR CZTY COMM~SSZON BOYNTON BEACH, FLO~:t~DA SEPTEMBER lg, 2000 David Katz, 742 NW :[Zm Street. urged the Commission to eliminate the use of the speakers' cards. He said that when there was discussion about term limits and single-member voting districts, Lee Wische spoke and was factual y incprrect on a number of issues Because of the need for a speakers' card; ~t was impossible to readdress the Commissib;~ to correct Hr. Wische's statements. ~'[n addition, Patti Hammer and Shidey ]askiewicz wanted to speak on another occasion but were unable to do So because they hadn;t filled out a card. Hr. Katzad~sed fourteen.year old son participated Katz Mr. : if the Project: Agent: ,BUd Avenue ~ntrv ~ or the applicant. Motion Commissioner Fisher moved to approve. unanimously. ~uestions for staff Commissioner Black seconded the motion that carried 9 ME= I zNG MZNUTES REGULAR CZTY COMMZ~SZON BOYNTON BEACH, FLORZDA SEPTEMBER 'Igc. 2000 Qwher~, Description:: poi~ Out th~t:~ve: do ~tilifies. He aSked/if ~he approved this request.~ h4r. Rum f said ~ ,U'~Jmprove~ will connect to ~th~c~mmun,~t~ could:, possibly p Ne unde~ood~a~ t~m in- this,area,, NE , ala~e~l~ ~a~se a~problem~, He ~bly happe~ before the Church '~ Q wli bel" 'n a cab e that ~ ~ea~ent :ptant. An easement ~2~zway as :~O~g:, as t~ Church ~an a r~Y o~ pa~ki~g lot. ~be Church to ~e lo HEETTNG M1'NUTES . REGULAR cI'rY COMMT, SSZON BOYNTON BEACH, FLORZDA SEPTEIqBER 19, 2000 Commissioner Black was of the opinion that the Commissmon could direct staff to level out this that the Church could use ,it until the time that ~urch, has been in this location for 35 years and now that the Church is planning redevelopment. The Church wants this parcel in order.to & Development Board for the reasons He felt Tf there are no plans to use that parce, M~YOr Broening fet there was room for a Comm ss ormr: Black proposed that f the. Ci wou d rove * __ ~, :,~ ~ . .,, ~ ~: .,. ~_, ~ mp the areab Instalhn some ants , ,. ........ , Y g P a_nd makit~g ~t ,safeFi pemaps m~"Chur~;con re ationwould ides ' or ' "i" · : ' ' g g prov weat equity to take care the plantmg~s. Reverend G~bbon gladly agreed to partner with the City in ~ay suggested. Commission~r. Fisl~er questioned whether or*not the Cb/ coud reasonab fix the snk h problems at~,thJ~· ocation. ,Mn RQ~pf said~.~ Was- not a~arre ~ the ,cnnctifinn bu~ ~as$.u,.m.,~.~t~iw!th: th~ p[op~er e,~,ngme~rm~gj qny sinldlole could: be fixed. ~ayor Broen ng d d not re~ ti~Ke wem';sirikholes ~n thisPrope~ ' ' Mr. Rumpf r the building. that and improve the the existing lines the expansion of .3ames A. ~arter said the and two' b~rooms available. purposes. The ( since there is only a sanctuary a hall and kitchen for fellowship Vice Mayor: Weiland reminded recommendation was for denial oft~ r the Planning & Development Board's lng o~the application fees. Reverend Gibbon confirmed for Commir~iener Fisher that the Church plans to expand the Church sometime next year. Commissioner Fisher moved to deny the'requeSt with the understanding of the City's participation to fix the problems in the area and also with the understanding ~at the Church has the option of reapplying once the redevelopment is done and The appli~tion fee will be fully refunded to the applicant. Commissioner Black seconded the motion that carried unanimously. I1 MEE'I'/NG MTNUTES REGULAR CITY COMM~.qs'roN BOYNTON BEACH~ FLOR,TDA SEPTEMBER 19, 2000 Fo None X. NEW BUSTNESS: LEGAL: 12 ~, zooo) in HEETTNG HZNUTES REGULAR CITY COMHZSSZON BOYNTON BEACH, FLO~DA SEPTEMBER 19, 2000 A. Ordinances -- 2nd Reading. PUBI TC HEARZNG Proposed Ordinance No.'000-47 Re: Amending Chapter 2, Section 16~B.g., Bed and Breakfast, to allow exist no kitchenettes ~tn r~m~ ~ ~ ny res~oent al unit w thin a bed and breakfast establishment upon their conversions to such establishment Attorney Cherof read Proposed Ordinance: No 000~7 by title ~)nly. MAYOR BROENZNG ANNOUNCED THE PUBLIC HEARZNG applicant and offered to Hotion Commissioner Black moved to approve Proposed Old nance No. 000-47. Commissioner Fisher seconded,the motion. City Clerk Sue Kruse: polled the vote. The vote was unanimous. B. Ordinances - 1~ Reading Proposed Ordinance No. 000-49 Re: Creating a definition for wall murals, and establishing a process and guidelines by which to review future wail murals Attorney Cherof read Proposed Ordinance No, 000-49 by tiUe only. vice Mayor Weiland realizes that guidelines are necessary. However, he said he would not like to see a lot of murals in the redevelopment areas. Motiqn Commissioner Black moved to approve Proposed Ordinance No. 000-49. Commissioner Fisher seconded the motion. City Clerk Sue Kru~e polled the vote. The vote was 3-2. (Vice Mayor Weiland and Mayor Pro Tem Sherman dissented.) Proposed Ordinance No. 000-50 Re: Amending Section 18- 167 of the City Code, providing for disability retirement benefits; amending Section 18-168 of the City Code providing average final compensation defined Attorney Cherof read Proposed Ordinance No. 000-50 oy tiUe only. Attorney Cherof advised that these changes are necessitated by statutory requirements to meet the minimum benefits. Tt would normally come back to the Commission for second and final 13 ME= m I~G MINUTES REGULAR CITY COMMISSION BOYNTON BEACH,, FLORIDA sEPTEMBER 19~ 2000 reading at the next Commission see this Ordinance in would tose a substantial sum, :lorida has a requirement to provided by that: date, we He requested that the it could be adopted On DUE Motion Commissioner Black moved to approve Proposed Ordinance No. 000-50, Vice Mayor Weiland seconded the motion; City Clerk Sue KruSe pt~ ~d:the vote, The vote Was unanimous. Proposed Ordinance No. O00-51 Re: Amending Chapter 7.5, Article I[ (and related sections) to add aesthetc/beautification requirements, to cremate additional buffering standards to increase maintenance requirements, ncrease p anting specifications and to codify lake planting requirements Attorney Cherof read Proposed Ordinance NO. 000-51 by title only. Vice Mayor Welland commended staff for the'exceptional job that was done in preparing this Ordinance. Motion Commissioner Fisher moved to approve Proposed Ordinance No. O00-51. Vice M~yor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. proposed Ordinance No. 000-52 Re: Amending Chapter 2 of the Land Development Regulations, Section 7, Planned Industrial Devel, :ment Distri _ to allow mixed use pods of commerciaL, retail, mu ti4amily residential and office/professional use in Planned lndustdal Development District~, providing for design gu delines, provdng submission requirements, providing procedures for review Attorney Cherof advised that the only project that would be impacted by passage of this Ordinance in Quantum Park has submitted substantial suggestions regarding amendment of this ),4 HE,- i ~NG MZNUTES REGULAR CITY COHI~ZSSZON BOYNTON BEACH, FLOP~DA SEPTEMBER 19~ 2000 ~ requested that this matter be tabled to the fiscuss the proPoSed changes. Motion Commissioner Black moved to tab e Vice Mayor We and seconded the motion. K~uSe po led the vote. The vote was unanimous. 5. Proposed Ordinance No. 000-53 .next meeting so that Re: City Clerk Sue Authorizing the with the change under Attorney Cherof read Proposed Ordinance No. O00-53 by title on y. Motion Commissioner Fisher moved to approve Proposed Ordinance No. 000-53. Commissioner Black seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R00-134 Re: Author z ng the use of Cit~Y-owned property for sidewalk relocation and the addition of a second left-turn lane from northbouhd Seacrest Boulevard ohto westbouncJ Woolbdgnt Road Attorney Cherof reported that the applicant has irecluested that this matter be tabled to allow time for him to be present at the meeting to make a presentation. Motion Commissioner Black moved to table Proposed Resolution No. R00-134. Commi~;sioner Fisher seconded the motion that carded unanimously. D. Other: 1. Ratification of Code Compliance Board action: Reduce the fine in Case #98-3455 (152. SE 28~ Avenue) from $14,175 plus $634.12 admini~[r~tive costs, to $250 Scott Blasie, Code Compliance Admini~[rator, said this case generated considerable discussion among the Code Compliance Board members. The board weighed the hardships brought before them against the fact that Code Compliance has had considerable activity at this site. A 15 MEETING MINUTES REGULAR c~[r~Y COMMISSION 'BOYNTON BEACH~ FLOR]DA SEPTEMBER ~9, 2000 were had been cited 22 times since Commissior~er Black. reai~ecl. ~ that the~ intent, o[ Code .Compliance· is to get, prpperties. -~,~'int° com~lance~ nOt'to c(~[lect~blg do lar amount,; ~du~ ~g:~fine to $250,, He ,~634.12.,, ~ :his violator Fisher is fine. Motion Commissioner Black moved to have the app lcant pay the administrative costs, but not reduce it to $250. THE MOT[ON DIED FOR LACK OF A SECOND. Tn response to Vice Mayor Weiland, Mr. Blasie advised that over the years, the property has debris and was not capable of of 37 dogs on the ~ was gruesome. Fir. why this violator this time other than the fact that the owner was investigating refinancing the property. This property has been poorly compliance at this time after a considerable money Motion Commissioner Rsher moved to deny the request to reduce the fine. THE MOT[ON DIED FOR LACK OF A SECOND. Motion Commissioner Black moved to reeuce the fine to the administrative costs of $634.12. THE MOTION DIED FOR LACK OF A SECOND~ ME= IJ. NG MTNUTES . REGULAR cz'rY COMMI'.SSZON BOYNTON BEACH~ FLORIDA SEPTEMBER 19, 2000 Motion Mayor Pro Tern Sherman moved to accept the ratification of the Code Compliance Board to reduce the fine to $250. Vice Mayor Weiland seconded the motion that carried 3-2. (Commissioners Black and Fisher dissented.) ~n response to Vice Mayor Weiland's question regarding whether or not it was appropr ate for ommisSioner Black *t0 repeat the same motion that had already fa ed once, Attorney Cherof advised that the Chair has the discretion of accepting or not accept ng the motion. 2. Accept the agreed-upon settlement in the case Monica Millines v. City of Boynton Beach, et al in the amount of $50,000 Attorney Cherof advised that this.item should read as follows: ,.case' . ~ i Monica Millines v. City of Motion Commissioner Black moved to approve. carried unanimously. UNFZN~SHED BUSTNESS: None X~:LT~ OTHER: None AD.1OURNMENT: Mayor Pro Tern Sherman seconded the moUon that There being no further business to come before the Commission, adjourned at 8:03 p.m. U~e meeting property 17 MEETING MINUTES REGULAR CTI'Y COMM~SSZON ~-~ BOYNTON BEACH~ FLOI~DA SEPTEMBER ~.9~ 2000 CTI-Y OF BOYNTON BEACH Al I i:~r: City Clerk City Clerk ~--~wo Tapes) Mayor c0m~is~oner Commissioner 18 ?V-CONSENT AGENDA ZTEM A. 6 SPECIAL CITY COMMISSION MEETING ON THE 2000/2001 PROPOSED BUDC~T HELD IN THE CHAMBERS, WEDNESDAY, SEPTEMBER 20, 2000 AT 6:30 BOYNTON BEACH, FLORIDA PRESENT Gera d Broening, Mayor Ronald ~Neiland, ¥ice Mayor William Sherman, Mayo~ Pro Tem Bruce Black, Commissioner ChaHie Fisher, Commissioner ALSO PRESENT Kurt Bressner, City Manager Jim Cherof, City Attorney ~Nicholas lgwe, Assistant City Attorney Sue Kruse, City Clerk P.M. and stated that the purpose of R00-135 Rate for Fiscal Year 2000/2001. Cty Attorney Cherof s~ted that this was t~he second and final public hearing that the Com~Lss~on !wa~ mqu~r,~d ~ undertake,~pu~?~u, ant to.Florida statutes to.a opt a m~llage rate and budget;for fiscal year 200012001. Members of the public are permitted to speak and ask ~questiens on-any issue that s ~ subject matter of the budget. The City's administrative~staff anO Corem'ss'on wi answer those quest'onSo City was 7.8160 for the general rate. He further stated any questions, the adopting the at any questions o~:comments from the Commission. There Motion made a motion to; proposed Resolution No. R00-135 year 200012001. Bruce Black seconded Mayr ~ O~'Bree!~ing:opened the public forum on the topic of the millage rate: assumed the podium and .~ity adopted the previous it was last year. He said that City of Boynton Beach City Clerk Sue Kruse polled the vote on the!motion. The motion passed 5-0. 'Meeting M n~tes,: special Ci~y'C~m~ission Meeting Budget an(j M I ag~ Rate Boynton Beach; F edda September 20, 200r) Mayor Broening introduced thb second topic Of adoption of the fina budget- for fisca year 2000/2001; City Attorney Cherof read proposed Ordinance No. 00048 by title reference Adoption of Final Budget for Fiscal Year 200o/2001 · . I~alth a Mike on ava Each had up fo~ Meeting Minutes Special City Commission Meeting Budget and Millag6 Rate Boynton Beach, Flodda September 20. 2000 Vice Mayor Wetland asked what would happen if the employee had the card;in his wallet .and -wa~ Unable to speak telthe paramedi~ Or.the hospital? He asl<ed if,the,paramedic or ,hb~pital w9Uld I~ able to scan the card? Mr. Ferguson stated ,that they ~ould ha~,e the physicat Capability of accessing the information on the Internet, given:tl~e employee s permission and password. i the website and there was prior arrangements ~with ~the emergency room c If you have that Mr, B~e~f~? [a~ed ~;~he; SY~e~ ~had~ ,been,,implemented~ anywhere yet, and Mr. Ferguson ,replied that it had~not~ . C ~ Attorney CherOf said !~e ~ya~ ~e line, item for this expenditure in the proposed ~Udg~ 'He ~i~i~he'~ ~JS~,,'iO,~ is: inter~ested in earmarl~irtgfunds fQ~ it they would hay~ ~fin~, a[:li~e ~em'~'~ !!b~jdg',er~it at th~!Woutd be attac ~hed. to, City At[orney :Cherof askediiMs~.~ese,, Eit~m ,:,Dire~ te,,:identi~y a: mom specific line i{em than the CommissieR-~'ese~ ~i iM~., ~ se stated it would, be left, in the contingen~cy or reseme fund, and at ~thei~ ~e:msn( ~ was needed the Commission could authorize the transferout~f~e ¢oP~e :Y ~nd ~3 d into the fund that wOUld be setup tO pay for this. uld t~Y it as a many with it at the Commission was E J from the bargaining~units yet and ~te Mayor Plo:Tern Sherman said itwas a wonderful benefit for 600 emptoyees for such a modest expenditure and he asked for full consideration by the Commission of the idea. Mr. Harry Marcus, 650 Horizons East, B0yntoa Beach assumed the podium and spoke. He stated that Mr. Ferguson had been working on this idea since 1993. He Said that with the arrival of the thtemet and all that went with it Mr. Ferguson feit~that this 3 Meeting Minutes Special City Commission Meeting Budget and Millage'Rate Bc~ynton Beach, Florida SePtember 20, ~2000 could it lose their Mr. he believed 3ew Meeting Minutes Special City Commission Meeting Budget and Millag~ Rate Boynfon Beach, Florida September 20, 2000 configuration. He stated that the two people's duties did not fit in the new configuration of the department, In one case, the individual had app!ied for a very similar position and had been offered a transfer and a promotion, WhiCh the employee was in the pr°cess of accepting. ; emp!oyees no longer was that many organi._zations have to retool and that in this instance the emphasis was. being shifted to;:~e!iver' capital:Prqjects and.that ,tiiis in~Mdua! may ~a..~eithe needed s ,kJIIs. The` City was giving the i~div~dual an opportubity,to Perform, in [his area. Mi'. Lee indiCate~;' als°, ~hat ho cef-tfica~on requirement was placed on the position. In the second instance, Mr.:.!~ee said .th~ p~rson~ had,a c[YiJ ~ng!0,eedng backg!:ound; however, the new:position Calls for an, emp~is~n,, design arid t~[~t person does ~ot have d~ign abili~. ,~Ce~, eritly, tha~ .persOp had~already:c°me t? Pem°n~nel a~0ut ~a.,new position ~hat theY haye!~aPPlied for. ~he per'A°n'reques[ed ad, dit~onal ,time in order to situate himself br herself-in~te~-r~s of the new positibn. for the MayOi-'Bmen ng opened the budget adoptibn section of the meeting up for public comment; · . and stated shs date. Herb ~ month. job' she Mr. to its dghtful an ; last nUmber of persons in the City who did not pay taxes yet were receiv ng the services of the police, fire and sanitation departments, ~1 of these departments do a good job, he said, He 5 Meeting Minutes Special City CommJssion Meeting Budget and Millage 'Rate Boynton Beach, Florida September 20, 2000 hope, d the:com~iission 'could find a Way't Of ~OdUCe more re, venue ,for ;the Ci He asked '~nem roger s~m~e problem. Mr. S,uss complimented the Commssion on 'the preparation of the budget,and their finan~aFR[udence ' a~king the comm i~ibti ~o ~h~w ,ihe' city 'that ~r& b,°~,-kS fog the I~ ~ ~e~eimo~f~ the Ne~gt~borheo~t:~p,e¢i~ ~me~ere,m o~a~ M~ Sus said that, the mSid mot~ey ;from private .basi:eSs~'~b~t~ cJtiz~ns~.knoW' thatthe co~mis~i~n ~nMe:t~at~ great al~o,;w~erll g~ Mr. Senny Galena, 1~ N~W; ~. i ~e~ B~n~ed~acE-'~sum~ ~epod~um: and spo~e ~5O~! [6~pr~ ~ ~[-E~ ~:~;:datc~a[~gde~d~i~the C~ would ~ Je ~ 0,00 :dldaot mete~a ~e~ put the;Eemm ~e buret ~ent,~ ~zob~i~l~g~he money,from the NFL grant. Mr Ga ,a , ~ e;~ ~t~ ~ ~ , "[[~ ,N -~ mntwemnot enougn~,~ ~,~ess;~ ~.~ ~,~ ~o~;~o~ s~d t ,wou d ~ ,e ~d~/~ ~th~{,~me.. ~,~~Ci~:~g~s ~ment that me answe~ wa~ no at ~ time; just do ~he press box Mr o one else~wJShed, te speak. r of Meeting Minutes Special City Commission Meeting Budget and Millage Rate Boynton Beach, Florida September 20, 2000 Motion Vice Mayor Weiland made a motion to approve Ordinance No. 000-48 reference adoption of final budget for fiscal year 2000/2001. Commissioner Fisher seconded the motion, ci~ Clerk Sue Kruse polled the vote. The motion carded 5-0. Mayor Broening thanked the staff for alt of ts hard work n th~ months that preceded the buc~get~ He knew the decsionShad been difficult and he waspe~'S°nally g~'ateful to all Of then~ and especially Diane Reese and her staff. He directed thanks also to the City Manager and h s staff. City Manager Bressner stated that the Commission had also worked very hard on the budget and ~ad done a nice job. Motion Vice Mayor Weiland made a motion to adjourn the meeting at 7:25 P.M. Commissioner Black seconded the motion that carried u~animous y. CITY OF BOYNTON BEACH Mayor ATTEST: Vice Mayor city Clerk Mayor Pro Tem Recording Secretary (one tape) Commissioner Commissioner 7 Requested City Cmmuission Meet/n~ Dates [] July 18, 2000 [] August 1. 2000 [] August 15, 2000 [] September 6. 2000 II-ADMINISTRATIVE ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORavx Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 ~5:00 p.m3 July 19. 2000 (5:00 p.m.) August 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Comm/ssion Meet/n~ Dates [] September 19:2000 [] October 4, 2000 [] October 17, 2000 [] November 8.2000 Date FinaI Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.I October 5. 2000 (5:00 p.m.) October 18, 2000 (5:00 p.mo NATURE OF AGENDA ITEM [] Adminislrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: EXPLANATLON: PROGRAM IMPACT: Replace Amy DeVHes, Regular Student/Voting Member, of the Advisory Board on Children and Youth Ms. DeVries has exceeded the allowable number of absences permitted to retain membership on this City Advisory Board. Ms. DeVries received a warning letter on June 30m advising her that one addiUonal absence would result in removal from the Board. Ms. DeVries was absent from the following regular monthly meetings: April 27, 2000 May 25, 2000 June 22, 2000 August 24, 2000 FISCAL IMPACT: ALTERNAI~VES: Sue K"~se, City Clerk ~-y Manager's Signatu.e City Clerk's Office Department Name City Attorney / Finance / Human Resoumes S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM,DOC III-ANNOUNCEMENTS & GALL. ADAMS AASKO~ MAYOR. CHAIRMAN Olff GREGORY L DUNHAM TOWN MANAGER September 12, 2000 TOWN OF OCEAN RIDG 6450 NORTH OCEAN BOULEVARD OCEAN RIDGE, FLORIDA 33435 TELEPHONE: [561) 732-2635 FAX: (561) 737-8359 TO: City vf DoBmtoa Beach Town vfBi{ny Breezes City of Delmy Beach Town of Golf Town of Gulfstream Town of Hypoluxo Town of Lantana Town of Manalapan SUBJECT: PROCLAMATION FOR YMCA DAY ITEM CiTY UANAGER' . BETTY P. B. BINGHAM DIGBY C. BRIDGES KENNETH M. KALEEL JEFFREY,B. WILLENS ¢' In a regular meeting held September 11, 2000, the Town of Ocean Ridge adopted the attached proclamation proclaiming December 2, 2000 as YMCA DAY. Also attached is a letter from Kenneth M. Kaleet, Chairman of the Boynton Beach YMCA, requesting that each of the municipalities approve a similar proclamation. They would like to include the proclamations in their Inaugural Souvenir Ioumal. The Boynton Beach YMCA requests that your proclamation be returned on or before October 15, 2000 so that it may be placed in the Journal. Kenneth Kaleel, who is also one of Ocean Ridge's Commissioners, is suggesting that your proclamations be returned to the Ocean Ridge Town Hall since they do not have a formal office yet. Kenneth Kaleel thanks you on behalf of the Boynton Beach YMCA. Yoursx(mly, , . l , Town Clerk THE MISSION OF THE TOWN OF OCEAN RIDGE tS TO CREATE AND MAINTAIN A EEAU'I1FUI I Y lANDSCAPED, DIVERSE SEASIDE COMMUNITY BUILT AROUND THE FAMILY AND CIVIC PRIDE. ~'I'ATE OF THE ART PUBUC SERVICES AND IN~UCTURE THAT ENHANCES THE NATURAL BEAUTY OF OUR TOWN. g600 $outi~ Military Trail .. Boynton Beach, =erda33436 Dear Mayor and Fellow On 2000 ; S~P.7-00 Phone: (561) 738-9622 Fax: (56 ] 738-6055 To celebrate this histork which we ser',~e to encoura~n8 honcsty,, :ommunitics in CA day and We are planning to include your Proclamation in oU~ ~auguml' So~cnir Journal produced especially for our grand opcning. ·" For your consideration, I have taken thc libcrty to encl?e 5 pr?ppsed Proclamation. Please feel free tO call me it~ you should have ~y ouesti6~ o~' c~fs [ 10~ fo~d to receiving your o~ginal Proclamation on or b e' fo~ Oct°~er 15, ~'"~0 ~ i~ can b~ plac~d in o~ Journal. On behalf of the Board of. Director~, its members, and supportersof the YMCA, I thank you, in advance, for//y0ur c/o4i~ideration., -': , _ Since 'ely; / Kef ~tt~ Kaleel, Esq., Chai A COPY OF THE OFFIGIAL RI~OI. ST.Rd~IION.~.N'D FIN&~CIAL kN'FORM.~L]ON MAY ~O~ DMN~ FROM 'I'H~ DIVISION OD CONSUMER SERVI~F.~ BY UALLINC; TO~L-FREE { 1.81N}.43.f.7352 j WI~ lin TI IE h~ATE. REGISTRATION DOES NOT IMPI.Y E~RS~ME~, AP~OVA[,, O~ RECOM~A~ON ~Y THE STATE, A ~A~IClPATING AaENCY ~ THE UNITED ~Y WHEREAS, the New YMCA serving the communities of Boynton Beach, Briny Breezes, Delray Beach, Golf, Gulfstream, Hypoluxo, Lantana, Mana~apan and Ocean Ridge's movement is something different and special, it is particularly relevant in today's society; and WHEREAS, the New YHCA puts Christian principles into practice, welcomes and supports children and families and helps build the values of caring, honest,/, respect and respons biiity as we as builds commun~b/; and WHEREAS, the YMCA helps people of all ages, incomes, ethnicrdes, religions and abilities lead health[er and safer lives; and WHEREAS, the New YMCA's services are designed to improve the physical, mental and spirKcual well-being of members and participants, making our "Y" a charitable organization deserving of community support; and WHEREAS, the New YMCA builds strong kids, strong families, strong communities; and WHEREAS, we congratulate the supporters and members of the new YMCA on the GRAND OPENING DECEMBER 2, 2000. NOW, THEREFORE, I, Gera~d Broening, by v rtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim December 2, 2000 as YMCA DAY and urge all citizens to celebrate the day by beginning or continuing to help develop the four Dasic values of caring, honesty, respect and responsibility in our communities' children, teens and families in order to better the further development of this City, State and Nation. IN wl-rNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Rorida, this 4u~ day of October in the year 2000. A~E~: Gerald Broening, Mayor City of Boynton Beach Qb/Clerk (Corporate Seal) ]:V-CONSENT AGENDA ZTEM A.1 MINUTES OF SPECIAL CITY COMMISSION CAPITAL IMPROVEMENT PROJECT WORKSHOP MEETING FISCAL YEAR 2001 - 2005 HELD IN 'THE LIBRARy PROGRAM ROOM; BOYNTON BEACH, FLORIDA, ON MONDAY, SEPTEMBER 11~ 2000 AT 5:30 P.M. ' PRESENT: Gerald BrOening, Mayor Ron Weiland, Vice M~lYor ALSO PRESENT: Kurt BreSsner; City Manager Dale Sugerman, Assistant City Manager Sue Kruse, CityClerk ABSENT: Diane Reese, Finance Manager Bill Bingham, Fire Chi,e,f Will~ Sherman, Mayor Pro Tern Marshall Gage, Polica Chief ;JOhn VVJldher, I~arks Director Wall:/Majors, Acting Recreation ~* Director Mr, Kurt Bressner C ty Manager moderated the workshop and opened the meet ng at 5:30 P.M~ Mr Bressner stated that the meeting was =celled for the Commissioners to go over the list of capital projects discussed in summary form at the r ' p ewous week s meeting. He recapped the previous meeting by saying the Commission had decided conceptually to proceed with a Florida League of Cities program for' a $10 Million issue With, ~ 20-year payback period and an early pay-off provision, In addition, the Commiss/on wll ;)roceed with the development of an MSTU funding program, recognizing that the actual revenues would not be available from this source until Fiscal 2001~02 ~ue, to Ordinance requirements and research necessary. Future revenue sources such .as a referepdum General Obligation' Bond will be hed until the Cty Commission reviews the progress on the first group of projects. Mr Bressner gave the Commissioners new spreadsheets, which included some new revenue strea~ns that were,discussed and identified. The bad news was that many of the revenue streams were! ,not available in the .first year but later on, somet~'rnes as late as year 4 or 5 of the capitali improvement Cycle. He stated that for u * ~.. . p rposes of discuss/on he h debt serv ce for the bond .. , ad left the . .. _, . ssue alone at $1,3 M~lhon, onl because if t * ' wan[e~ m reserve its option to I:)reoav th In~n ~h= ~--~ ..... h..e C.o ,rnm~ss~on and p~t aside - - - ~ at .......... .,[u.uy nao [o De cullecteo an~ay The p~dmary purpose of the meet ng was for the Commissioners to register their choices for ~ capital improvement project~, classifying the r pr/odty as 'A" or "B". Mr. Bressner .a~kedi!he,~omm!ss_ioners to'evaluate the projects considering the overall importance of me project to eaci~ (-;ommissioner and to the commun ty n terms of the availability of the reVeries available to pay for that project in the next year, the readiness of the project and al~o whether or not that project was current y underway He asked the Commission to/ool~ at three projects which had dollars allocated from th~ VisiOns 20-20 revenue Meeting-Minutes . Capital impr°Ve~6nt Pi'0gram Workshop Boynten Beach, Florida Septer~ber ~ 1, 2000 : rved but o tional so if the Commission wanted to release ~l~esaemf'undTsh~oS~ ~(~"deS ~tr~e~e~uer~ose,. theyp could do s0. .T~e I?st eleme, nt ,o! th..e rev,~ea~' Would~be~hat;, ~rec~g~i~ng s lot of the~,pmjects were big t~ket ~tems, an(~ wnue mey m y have money:to geti~ta~, fundscoU!d be ~lioca[ed ~i, ~pi~nni'ng fo determine site plan~, location, space ne~ds analysis and so forth. The Commissioners chose to review I roup and give their priority ratings out loud, with Sugerman was recruited to record the resutt,, by the Commissioners.: The In some cases, after further M. m .... .,~.. ;~.~H ~t~ Com~nissioners ~fo~ the r hard ~rl~[~ re~i~w!r~J. ~i~d~ s~tting pr or ties. A [i~ of.-~he ~1; tabu at ohs s attached ~to Clerk's office.. . ~ · After the ,( allocated: to the need, location, revenues and costs for these facilities. A conti~gency~ reserve was~ set aside' for. new~ projects or tohe p re-allocate' funds, as needed. The meeting ended at6 30 p.m. CITY OF:BOYI~ITON BEACH Mayor ATTEST: Vice Mayor Mayor Pro Tern City Clerk Recording Secretary (one tape) Commissioner commissioner ] V-CONSENT AGENDA TrEM A.2 CITY COMMISSION/CHAMBER OF COMMERCE WORKSHOP P, AM ROOM 208S. P.M; PRESENT STAFF 1~grald B~q~n!.ng, Mayor~ aid w~iia~; ~V~C,~ ~Y°~ .; B~~ alack.~C~m~{i~er. ~ ~lie F she~. C~mm ~i~ner ABSENT Sue Clerk Wayne Segal Pub c Affairs Director~ Diane Reese. Finance Director W I am Sherman Mayor Pro Tern CHAMBER OF COMMERCE Diana Johnson, President TonyNewbold ~:hairr~an Elect Mike Bottcher, Vice Chair Community Affairs Michael Micallef, Co-Chair Economic Development Committee Greetings & Introductions - City and Chamber of Commerce Mayor Broen ng to order at 6:45 P.M. and asked everyone to The Mayor commented that the joint Commission/Chamber meetings:had been going on since 1989. II. Overview. of C;ity Financial Picture Mr. ~ commented first, saying that this agenda item was in in an eadier meetLng. Mr. Bressner mentioned the Commission's meeting prior to the Chamber Joint meeting where the Co~m',~S, ' ..?~m, ~rarlked a list of;Capital Improvement ~,r.o!ects for the Fiscal Year 2001-2005, ~mi~g up With a list of "A~ priorities and a list of B priorities. Mr. Bressner related that when he was considering the job as C[~ Manager for Boynton Beach hewas ~truck by the relative financial health of the community as far as the bond rating, and~ ove~'all rev~nues., He was also struck by two potential problems, the first be ng the amity; of funds Set aside ~fer Operating reserves Was much lower than is customary for'l'oca[g~vemments, lin B0ynton Beachthat figurelis approximately one to one and a half months, of,operating reserves. Many communities are operating with operating; rese~ves;of approximately four to six months. The other problem area was the fairly limited ~'esources available for capital construction projects. The amount of money Meeting Minutes Joint Commis~ion/(~amber of Commerce Workshop Boynton B~ch, ~ orida than 10 September 11,200~ less here what it was like i$ an overview of th Ms. Reese commented that she and the dollars generated fi.off will b~ having year. sam In this the it fi.om when they had; 7.8160%. The As was The n ,~or all 2 Meeting Minutes Joint Corem ss on/Chamber of Commerce Work~'bep Boynton Beach, Florida September 11, 2000 State-shared revenues were reviewed next, and the ~ cent sales tax, which represents the second largest source of revenue.for the City. A five~year~ rever~ue trend was shown .for the General. Fund~ which is What t~e ad vaiore~'~:taxes pay for.. The Ut}l ties funds and sanitation funds are paid for by user fees. she ShOwed a :five-year trend in ad valorem 're~zenues ~nd- they had increased Over time but not significantly. where the moneygoes and 68.6% Fire rest additional dollars. A five~yeaF trend in expenditures was reviewed. Ms. Reese stated that personne coasts had cOntinued to go up along with operating costs. The controllable piece ef this is the cap tal outlay portion. The vot~ same a sources and the methods whereby the The City can also go to the issue. The Ftorida League of Cities bOnd item and did not need the approval of the )borrow from a commercial bank. A 15- t;964,000 a year to pay back. The an. annual payment of $1.2 million. 'l~he source the ~ ~thedebt service on a Florida League of Cities bond loan n public service taxes the City gets annually. The City would debt service so:they could get $10 million up front and do more source-considered was MSTUs, special service where' you assess residents for the expenses of the Fire M_r: Tedtm~n asked how much was still owed from the lawsuit on Tradewinds? Ms. Re;ese,~idl,the ;Fradew nds issue, came out of the public service tax money and there were~eight ~ore years,left on the debt with about $10 million remaining. The City pays about $1 million a year in principal and interest on the loan. The original amount was approximately $18 million. Ms. Reese stated that Tradewinds had been combined with the issue tc~ build. Hester Cen~er. The bonds issued for Tradewinds originally were $8 million and they alse ssued $10 million to build Hester Center. They were re-funded a couple of years laterdnto one issue, which made up the $18 million ~at that point in 1985~ M~;. ~edtma~n, als(~ inquired as to the City's long-term indebtedness. Ms. Reese said she woard get.the figures and cell him. that when ,you ~were looking for sources of revenue, the shared ; revenues, had been going down by about and was a Cause for concern. He said this trend and redevelopment. 3 Meeting Minutes Joint Commission/Chamber of Commerce Workshop Boynton Beach Florida Mr. Tedtmann asked where the money was coming from for Sepf~ember 11, 2000 CIP list some III. Special Events Ocean Avenue Bridge Opening Mayor Broening discussed the opening ceremonies for the said ti also. 'The the and let rMr. In GALA Ms. Johnson stated that they had started meeting on GALA already for 2001 and that it was coming a!ong~ and nquired about the s re. 'Mr. Majors responded that dde to the construction projects they would probably be using the same siteas last year, Considerable discussion ensued as to what type of event GALA Should be:, fit ,~ arts, a family affair, a business, expo. cirCus-type ddes and games or a combinafior 'thereof. The issue of Whether the event should b~ held at all and who should be respem 13lo fOr it (the City, the Chamber or an outside firm)was raised. The idea of a (~ ~mittee composed of representation from the community, the City and ,the Ch~a~ r was diScussed. The hiStorical view pointed to a certain lack of effectiveness in the :earing- committee approach to the event in the past and a reluctance to form such a ¢ nmi{tee at ~s tiiqle; Re Acting Recreation Director, Wally, Majors~ said the City we~ arid was ;aPPreciative of all assistance and, suggested~ ir~erested patties ,~[~/e i~i~i!a 'cell. T~hem was,, elso debate aboUt whether th scom ngyear's event coUld be ~Jlar~ged or whether it Was already firmly set. It was conctudeci tl~at the nature of the~ev&nt ~S istill subject to change t° a certain extenL It was acknowledged that having the rides 4 Meeting Minutes Joint Comm ss on/Chamber of CommerCe Work~[~ep Boynton Beach, Florida September 111 2000 definitely brought in more peop e but that the people who came for the rides did not normally patron ze the art vendor. The ,proliferat on of such events in south Fl0dda was mentioned, as'Well as the fact that the event sometimes had a loss. It was mentioned that the City spent cons derable man-hours on the planning and execut on of the project and the[ th~S, ~XPenditure WaS la~'gely UnacCOunted for, suggesting-~that the event Was even 'more c~3stiy than it appeared {o be. So~e wanted to divide tt~e' e~ent into two secti~0~S heId ~n different ~da~s'~ one Weekend for the ri~les and an0th~r W~ekend for an arts' and crafts fest~a Gre~te!~ Participation by and foCus On the busineSS community was also desired. - ' ~ city with ;a Said 2.5 had put a lot wo~d 5 Meeting Minutes Joint Commission/Chamber of Commerce Workshop Boynton;~Bea~ch,, F orida September 11, 2000 iThe Chamber a~sked that the City not sabotage the study group :by send ng out nvitatioris to part ~: pate, prefacing them w th requests for $5,000 to beC°r~e a part of th~- group. He%~s~d t~t th s had t~r~ed peep e off the last t me this was attempted' M yo[Br~eni .aSked for a nod.of-heads consensus fr - ' ' .~, ~-,~ ~. ~ ~ e~.,th~eComm]~s!~nemandthe ChamlSe!~epr~s~ r~ta~ves~that the C'ty Mana er be;'d'rected to put teee'· ar~advi~erv bqatd,,t9 ~u~,y.~u~ perta~rung to: GALA After discusSib~: ,e board;be ~a~ged, w~th someshort-term and,some long,term ~sks; Theigroup ~e !o'a c0n~nsus 6n the;isSue. 'Mr: :Bressner said he W0~ld come"bp tramework for the steering committee. ' ' ~ He had it We Meeting Minutes Joint Commission/Chamber of Commerce Works~d~i5 Boynton Beach, Florida September 11, 2000 replied to Mr. Tedtmann, bringing his attention to the economic research analyst o~-staff at the City, Ms. Hannah Matras. He advised Mr. Tedtmann to contact Ms. Matra~aand ask her to look into the West Palm Beach process. Mr. Tedtmann wanted to see the emp re-buid ng and the politics taken out of the approvat process. Mr. Taylor mentioned tha~ Visions 20-2(3 was a Master Plan and that what needed to happen now was. the overlay zonings and once thatwas done, the guidelines would be set down for whatever was done in that block. Ms. ~ Boynton Beach Schools meeting held the previous ; the Education Advisory Board. t 100% minority Galaxy Elementary. The new high have been drown. She stated that ~people had to with the schools in Boynton Beach;. Ms. Johnson was asked if all the a so commented or~ the lack of anderstanding on the part of the school the state of the Schools in its jurisdiction; It was agreed, hOWever, that it had been a good idea to allow the chief play~m to participate in a face.to-face-discussion of ~the issues. Commissioner Black brought out the fact that South Tech had no money in ts budget for the next five years and that there were a number of things they wanted tod(: but could not for lack of money. VI. Adjournment The meeting was duly adjourned at 8:45 P.M. 7 Meeting Minutes Joint Commission/Chamber of Commerce Workshop Boynton Beach, Florida ' September 11, 2000 CITY OF BOYNTON BEAGH Mayor A~ST: Vice Mayor .. Commiss~orler-' ~ - Commissioner 8 TV-CONSENT AGENDA MTNUTES OF THE AGENDA PREVTEW CONFER ~ [TEMA.3 HELD TN CONFERENCE ROOM ~'B", C:[TY HALL, BOYNTON ON THURSDAY, SEPTEMBER 14, 2000 AT S:0t PRESENT Gerald~ Broening, Mayor RonatdWeiland~ Vic~ Mayor William ,Sherman, May0~ Pro Tem Bruce Black, Commissioner Wilfred.Hawkins, Assistant to the City Manager _lames Cherof, City Attorney Sue Kruse, City Clerk Call to Order In the absence of ~ity Manager Bressner,;Wilfred Hawkins, Assistant to the CiL-y Manager, oegan the agenda review at 5:05 p.m. IV-B.7. Approve ,the attached bid recommendation as awa[d of the Property and Casualty Insurance Program for Fiscal Year/Policy Year 2000-200:!. Chuck Magazine, Risk Manager, said this item covers ,the City's Property and Casualty ~msurance Program renewal for the upcoming year. The, laSt time .this item was bid was two years ago and we secured a two-year policy from,the Florida League. We have now increased our m ts from $1 mitlion to $5 million Tn the asr few months, the insurance companies have hardened their stand particularly on liability and Workers Compensaton When we receved the est mates from the Forda I~eegue thi~ year, we were looking at a 50% incr;ase Over the previous year. Therefore, the item was bid. The ist of seven companies that submitted bids was reduced to three that are the League (FMC'r-Florida Municioai Insurance Trust), Arthur .1, Gallagher 8t Company aKId Risk Management Associates The League came in with a 50% increase. Ga lagher did not provide a complete· bid because they could not cover our property. They provided only ;a $5 million limit on property when we have $90 million ~n property. Risk Management Associates provided a full package at, $455,000. Risk Management Assocfates provided the iow b d. However, Gal agher included a combined program nded ng abil~ and Workers Compensation that would give, US a three-year guaranteed program. :In i~eviewing the total numbers, by combin ng the Gal agher lability and Workers Comp and going with the League on the property coverage, it amounts, to rno~e than the RI~IA proposal, However, Mr. Magazine talked with RNA to determine whether t was possblelfor them to provide a mu ti~year deaL. They responded negatively. He asa asked them if they would divide the~ program and they reSpOnded negatively. 'When he approached Gallagher and the Leagae', they were amer~ble. Dudng negotiations w]ih the League, they reConsidered some of their ,numbe~s and the end resu t is the recommendation to ge w th Gallagher for liability and Workers Componsatior~l on the :th:tee-year program, and with th.e League for auto liability/physical damage, property, and bo er and machine~ coverage which is a one-year program. The C t~s ,ro~ert'v was assassec~ ,this veer at $90 m Iliom That resulted in ~a large ~cr ~,e_~se in our property " ~ '--'-' ~ ' ' new p~emiums. Further increases aFe not ~nticqrated over the next few years unless.we construct buildings. This, recommendation woul;d cost i$35,Q00 more than RHA's bid, but by capping the Workers compensat ~n and: lability i~remiums ove~. a three.yeer period, we will more than make up for that increased'cost over the long haul ~ - Mr. Hawkins reminded the Commissioners that it is important to consider this insurance issue when we move forward w ththe Capital [mprovement Program. FLORZDA NCE SEPTEMBER 14, 2000 ~- ZV'D.5. Quantum Lot 50B (Gale Zndustrfes) - Lot 50B square acres The Planning & Development Board has recommended that this tern be postponed until the r next [ u~ . meet ng .on September 26 to allow time for the Oua m p~rV ~.~h~+..~ ~v ~,~ r~.~..~*+~ ~ conoude I~s re~/iew-of ~ne property, ' ;i, ~:~.:; .;: - Mr. Hawkins adv(sed:t~a~the ~ ~c~..~.to~the:Cib/; wi~ rece~g~UOn as;:a'~O~(c)3 nonprofit organ zaton for th s t~m is ~4;~0 f~,a,;~,~ ~ n t~e iai ........... ~ , ~ . , , , ~ ~ ,, ~. ,~n. ~;~e~Cham~r s c~peraUon would r~uce ~ne O~ s ~ntn~uuon s~¢e weam not a501 (c)3 o~aniza~on~ ' ~ i~!~i Qcc0mp El~);his,~ ul~:lat!p,~i~i~EConOmiC Beve opment brochure and !:~,~,~ut~ LM~.~yne s~a~ ~j'~at We are n~e pr~ess of u~at n ~B~d~beable'[e,pOs[ ~is:~sement on thewe6s~te. : ~:~.~W~h US; L~e~ C~ has $1~,541 ava abe~ n ~e Commun :~a~e,'as'~u~.~n ~Ung~w~ ' to' be able that tax-exempt ~tus gl :o~ dgfit-of-way fo~ denial was Church. and Virginia Farace, However, it is for,this egenda. s that 2 HEeliNG MTNUTES AGENDA PREV[EW CONFERENCE BOYNTON BEACH~ FLOR/DA SEPTEMBER 14~ 2000 would require the documents to go back through Palm E~each County. Ms. =arace would like City Attorney Chero[ tO review the changes to determ!newh~her or not they are necessary. V/TI-D, Review of Proposed Traffic-calming Device Procedure (October 4, 2000) Vice Mayor Weiland urged staff to stayon-top of this issue. Commiss oner B ack said h~_r,~ved..ma~ th s,week,regerdtng a:semJnar to be held in :orr Lauderdale that will deal With traffic cai~i~ng: late arrival fee and space Board and funeral Commissioner .Black requesteda status report on. Wis issue following Tuesday night's Cemetery Board meeting. City Clerk Sue Kruse reported that the letter she wor~_e,~t on, ~ith?the ,city Manager contained a paragraph requesting the;funeral dire~o~ ~co attend the next, m~eting :ito:see it~ they would absOrb the cost rather than pass it onto the families, : The Cemetery Board.decided. that they did not want'~ stir the pot" and decided to eliminate that second paragraph~ The letter would go to the ~funeral di/~o.r~ ,tl~anking them f~or their cf)operation with no mention of {he fee [t was ,their feeling that=the R~s~!ut~iC~[~ is on the bOOkS in the event it is needed. When Ns. Kruse discussed:~i~ situation with City lyla~age~ Br~essner, he felt it would be necessary to discuss this issue further with the board members, Ms. Krusa confirmed for Vice Mayor Weiland that~ Elack NcC-ray made the motion to eliminate the paragraph and the board unanimously approved that, motion, Cemetery Board Vice Chairman David NyquL~,polle~ .th~ membem.,? the_board th.,at,r,epresent the f.u .n.erai industry regarding absorbing the fee or passing it~0nto the fami.es., ~ nme of [ne ~ur represen[a~ves sa d they wi)u d absorb the ~ost. HoweVer, O~s Walker said the fee would be passed ontO the families. Mr. Walker workS for a'funeral home that was one of the biggest offenders. Commiss ~ner Black said it was Mr. FlcCray and the Cemetery Board that came up with this idea fro.rn the, start;. Tt is'obvious the board does not Want. to haye!anything to do with this issue now. if the ~oara cann°t make ;a derision, tWs item should be addreSSedland resolved by the Commission. XZ-B.~,, OeO- Ret Creating a ~d establishing a process and de,.finiUon guidelines ~ future wall murals Mr. Hawkins said staff is~ ~ecommending~that this Ordinance be approved on first reading as is pending legal review. Ms. Byrne said there was considerable diScuSsion b~l~e Planning & Development Board on this item, but they passed t as a courtesy item. Mr. ~,umpf has,S~nt their concerns on to the Legal Department for clarification. Staff recommends approVal on first re'cling and any necessary m nor changes could be adopted on second reading. MEETZNG MZNUTES AGENDA PREVIEW CONFERENCE BOYNTON BEACH, FLORZDA SEPTEMBER t4, 2000 .~le_S. ug, erman, Assistant ¢~W Manager,,-advlse~that:staff ISrWOrkJhg br~a: pilbt oroiect n the 5o(1 nr~l u ~IOCKS Of Oc.ean Avenue that would Cre, a,te a mural: d stric~ There wou d be a set es Of themes XZ-B,2. Proposed Attorney Cherof announce~./~t :~this [~? ~¢~ ~b,~.~.ap?r~ye~re~ ~d ~:sept~ or the tax premium moneyi paym~ ~f~'!tl~-gt~t~ ,t~t~; ~ ~fl~& ~a~[~h~ r~M h~'~ ~;~ ~ ~, On Tuesday mght~ a s~t~ mobon .~ tr~ ~h~S~S~ae~gen~;a~6h~would. be ~mu~r fh~h all~ the Corem ~on to do ~ an~ ~nd r~ ~s,at ~ sam t~e: .... Attorney Cherof reported ;th, a~ ~ ~i~iQ~a~e~L~'d~ve~"BY ,~h~ mnce~t' ~hat ~ conmpm~ly:a~mV~ b the Comm sston for uan~ arE~e~ ~ D, ~ ' ..... ~ ...... "~ - ~: ~-. , , . . Q ~.~-~,; ~ ~ ~ m~t ~eguatens.curren~ rovde no guloe~lnes for reslaentat us~ Wi~fl ~:~D~4 ~e oo~b~'~ tb ao~thro~i~ff ~,~ma~.~ ~ ..~ guidelines or to cmss-mf~ence a~ ~e gu~eh~s~thataimbdy~S~ fefPUDs: Th s~ Ordinance pu~ those guidelin~ in ~pl~ S~ ~E'~an ~PPli~o~.~r s te plan was ~ubm E~ ~here wou d be s~nda~s on the ~ tflat~i~be:a~li~.:toht. ~ ~ ', ..~ - ,.': ': Unde~nding that the look, However, it con.ins ma~ approval, this pr~ess is to allow the level if the propels that come in the administratiw .go :back before the Commission. PIDs. ~ decks on s made~ Attorney Cherof component, only a p property should be between [ and ~00, heedto 4nclude a number ME" I ,'NG MZNUTES AGENDA PREVZEW CONFERENCE BOYNTON BEACH, FLORZDA SEPTEMBER 14, 2000 Hayer Broen ng feltthis: was a very difficutt derision to make and be ieved th~ answer woul~l come from a detailed ma~ter plan. Although the Commission has: an idea w th respect to what the desirab e mix should be between renal and owner property, t s not easy to set up an arbitraP/number. Pit, Sugerman said~that number might be based upon the'Commission's desire to have certain types of new d~velopment :c~nstru~:ien taking :place-in :the City.: If the C~ommission is not opposed to all rental units, then the number should be 100%. Attorney Che;ef advised :that:the ?di~g~e could?~e .a~end~. ~tp de~e~~ ~e. ]s. sue.~n.~it, th~ co.m.m, iss!.on ~0~sider~.~t~he:master-~plah:: ThA~ssU~..6f'~e~id~ntial', ten~Y'v~rsus owflersnq~'woule 'De-movea in~o [ne conditions fo~' r~ieWing 'ehe master plan~;" . °Wnershio h~<:th'at b/~e~ ef::~96io~m~ ~'~S:l~i~s~the-~p~ert~nib/to add~eSs that issue 1TOm an O-'~:di~anc~ standpol-~.W Nlr~ Haw'ldns;fe~ls'tha~ from a bo;using si: ~oc.~:' standpoint, th~ City must be ~ncerned about thi~ issu~. : ~'' '~ ' ' Hr Su erman sa d~ the Corem SSion m~y. ~va§id ~. ~a,k-e a ~ment qf wh~t the perceptage is in the ~n n~ th~"C:0d~:~, a cof~iitJOn~ii ;use a1~proval fbr a m~ctification ~0 t~at percentage on a master plan-by-master plan'basis. :- :with the On r development unde~-stUdy will ~ot be Attorney Cherof advised that I~ecaus~.~thi~gs happen in the community that am not always addressed specifically in the Comp Plan or'ir~he:~al~u~dn Report, the~e s a need to look at the way development is going ~n .a,. specific ar.e~ ef the~jb/; !Zl'his~O~inance outlines a process to dO that while balancing the CommiSsions need to do i{, tbe.,~ib/'s:need to do it and the rights and interests of the property owners to develop thei~ pmPert~/~e w~¥ the Code currently says it can be done. Attorney Cherof~ explained if ;t~C!t~ ~as studying a plan to allo~ only bat.mi-tile roofs i.n ~e C.e.n.tral Business District, by issuing a Nie~i6t~ntent, no one could make application for a new root un[ess II is a barrel-tile roof, duringi~ O~'.~u~Y:~Ped~:l; :That study time period and the time it takes to return to the Commission for review sh°Utdin~i~ ~xceed six months, This ~ a temporary dev ce'tha,~ws..~lBn~ng~; .s~ff~ the. Co.mmlssie.n and the ~mm..un.!ty an. .op~p_o~? ~ te look at a specific iSSue. This:isa ~dme~ou~ m the oeve~opmen¢ proeass. ~ne Noace Or mmnc nxes the study time period. Attorney Cherof advised that ~hen the Ordinance is adopted on second reading, on that same agenda them could be the CommiSSion's first Notice of 1ntent- There were no additional questions regarding ~he agenda for the September 19~ meeting. · Hr. Hawkins distributed i0fermation to the Commissioners with regard to a question posed by Vice Mayor Weiland at the last City CommissiOn meeting with respect to improvement~ made ~o Hartin SEPTEMBER ~.4~ 2000 Luther King, 3r. Bou ev~. (A~ copy of ~he nformation s attached to oo file b t~ c[~ ~ ~k~ ~ ~ ~ ........ ~e~odginal set.of ~hese minu~s · A~hur L~ Human Re~u~ Direr, ~emind~ the Com~ssiene~ that Commssoner Fisher r~ue~ ~o~O~ ~d~qg ~s~uri~g. :a quote ~f~r a $5o0/~9o~ :a~ua ~:ded a~b e ~fe~ hca th Mr. L~ advis~ that t ~ ' this talk t~ne period Then p.m. 5:15 May~PrO Tem City Clerk ( D~epUty City Clerk "'-~'wo Tapes) Commissioner Commissioner ZV-CONSENT AGENDA ]'TEM SPECIAL CITY COMMISSION MEETING ON THE 2000/2001 PROPOSED BUDGET HELD IN THE CHAMBERS, THURSDAY, SEPTEMBER 14, 2000 AT 6:30 P.M., BOYNTON BEACH, FLORIDA PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor William Sherman, Mayor Pro Tern BrUce Black, Commissioner ALSO PRESENT Wilfred Hawkins, Acting City Manager Jim Cherof, Cty Attorney Sue Kruse, City Clerk ABSENT Charlie Fisher, Commissioner Ch~i:0f wished {:oMay°r Broening Calmakeed antheannouncement.meeting to order at 6:35 P.M. and stated that City Attorney I. PUBLIC HEARING ON 2000/2001 PROPOSED BUDGET City Attorney Cherof declared that this was the first of two public, meetings to be conducted by the City Commission as part of the statutory process to adopt the millage rate and a budget for the upcoming fiscal year. The second and final public hearing on this issue will occur on September 20, 2000 at 6:30 P.M. in the City Commission Chambers. At the f'mat hearing the City Commissioners will adopt the.millage rate and the final budget. The ~purpose of tonight's meeting is to consider the proposed millage rate and the tentative budget. City Attorney Cherof s~ted that the proposed millage rate is 7 8160, wh ch re resen an increase of 2.~6% ~bove 'the computed ro Iback rate The ~tatute requires~hat t~e first item forldiscussion this evening is the increase in the millage rate. Members of the public have the opportunity to question the adm nistrat ve staff regard ng proposals n t_h,e budget or chang~ iR !he m age rate. When that s concluded the City Comm ssion s formal action ~ill occur through the adoption of [wo res0iut0ns and one proposed ordinance. The first reading of the ordinance is tonight and the second and final reading will be at the meeting on September 20, 2000. Mayor Broening opened the public headng, asking if anyone wished to speak. No one came forward to speak from the public. Meet!rig Minutes Spec arci~ ~Ommission Meeting September 14, 2000 II. ADOPTION OF Mayor Broening said that theCommiss on had before them the Resolut, ion #,R00r,l~5 which was the Adoption ~f T~ntative ~Millage Rate for Fiscal Year 20(~0/200i s~t at 7,8160. Mayor Broening asked for comment Or questions from the Comm!ssion. . No questions er commentswere made by,the Commissionem. ' Motion Vice Mayor Weiland made a motion to approve the Tentative Millage Rate:~df'l~iscal Year 200012001 set at 7.8160. commissioner Black seconded the, m0tion, that,~.. Carried unanimously. III, PROPOSED RESOLUTION -FOR FISCAL YEAR 20001200'1 Mayor Broening sa d that the Corem ssion had before them the Proposed Resolution #R00-126 regarding the Adopt on of Tentative Budget for FisCal Year 2000:/2001. He asked for cor~mants or questions from the CommisSionem. No questions or comments were made by the Commissioners. Motion Vice Mayor Weiland made a motion to approve the Tentative ,B. udgat for Fiscal Year 2000/2001. Commissioner Black seconded the mot on that Carded unanimously. : TENTATIVE IV. BUDGE1 City Attorney Cherof read the Ordinance by titie:,only and stated that the normal motion procedure and roll Call vote WOuld apply. Mayor Broaning asked if anyone in the audience wished to speak~ No one Came forward to speak. Motion Vice Mayor Weiland made a motion to approve Proposed Ordinance ~00-48,reference Adoption of the Tentative Budget for Fiscal Year 2000/2001. Commissioner Black seconded the motion. Sue Kruse polled the vote. The vote was 4-0 in favor of approval. 2 Meeting Minutes Special City Commission Meeting Millage Rate and Proposed Budget Boynton Beach, Flodda September 14, 2000 V. ADJOURNMENT Motion Vice Mayor Weiland made a motion to adjourn the meeting at 6:50 P.M. Commissioner Black seconded the motion that carried unanimously. CITY OF BOYNTON BEACH Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner A'I-¥EST: City Clerk Recording Secretary (one tape) 3 Requested Cit) ] July 18, 2000 [] August I, 2000 [] August I5 2000 [] September 6, 2000 m to CiN Clerk ,, .... July 6, 2000 (5:00 pm. July 19, 2000 15:00 p.m. August2, 2000 5:00 p.m August 16, 2000 5:00 p.m [] September I9, 200( October 4, 2000 ] October I7. 2000 [] November 8, 2000 September 20, 2000'(5:00 p.m.) Octob~ 5, 2000 (5:00 p.m., October 18, 2000 (5:00p.m.) NATLrRE OF AGENDA ITEM [] Administrat/ve [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Unfiu/shed Business [] Announcement [] Presentation RECOMMENDATION: Adoption of Ordinance on First Reading. N: T sO d nce P , master rote plan, and teclmic-' ~'* , tecnmcal itenlan--Als,'pe~rn~'tredsandpr°hibite mnuons ,ora maxed-use od ' P d .Usesi2~s~g~ s~t~.~d~s, a_~n,cl ~e ,.nm.~, ur~ subnnttal reqmrements for both the master where necessary for and justified by the master or technical plans; a'proposed processing methodology that includes an ~ ~u xor nevlat~ons from cnrrent regulations, adm/nistrative process for reviewing all techincal site plans filed subsequent to and consistent with the Additionally, thresholds are proposed for determJ2/ng major/minor changes master site plan. for daterminmg wt~ether inconsistencies between the proposed to the approved master site plan, and nature. Finally, the ord/nance provides for review by thn~Se ter site plan and subsequent techn/cal site plans are major or minor in · City Comm/ssion when administrative review/approval is appealed. Th~s proposed urdinance m a product of the combined efforts of staffand representatives from Quantum Park, and represents the final recommendations from st~ff. ' PROGRAM IMPACT: Streamlines procedures for review vmd approval ofmixed-nse pods in previously approved zoning districts. FISCAL 12M-PACT: None. approvalsALTERNATIVES:as currentlyAd°pt separate residential gnidelines fol. ~iD zoningprovided, f~271rlcts' Maintain master plan and site plan City Manager's Signature -' Department Name~' ~/ City Attorney / t~j~ance / Human~Resources S AB ULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. O-00- SE~ON 7, ALLOW USE IN PROVIDING FOR FOR REVIEW~ PROVIDING SEVERABILITY, CODIFICATION AND AN WHEREAS, the City Commission finds ~t is in the best interest of the City, the community, and the public to modify the current provisions of the Land concerning Planned Industrial Development Districts, to guidelines for residential components, to facilitate review, and to provide a means of review by the City Commission. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE CITY FLORIDA, THAT:: Section 1. Chapter 2, Section 71 Planned Industrial Development Districts is ~ amended by adding the words and figures in underlined type, and by deleting words and figures in struck-through type. A is amended to read: INTENT AND PURPOSE. A planned industrial development district (PtD) is The purpose of this district is to provide a zoning classification for light pment that will better satisfy current demands for light industrial by encouraging development which will reflect changes in the ' of land development and relate the development of land: to the specific conserve natural ameniUes. Regulations for the PIeD are intended to accomplish a more desirable environment for industrial development in relation to development, permit economies in providing public ~or economies of scalein industrial development~ and to,promote the convenience, welfare and good government of theCity' of ton Beach. PID districts may contain Mixed Use Podswith re~ail¥.,commerciat, components, subject to the desitin and aooroval ;criteria set forth. The created to read: USE PODS WITHIN APPROVED PLANNED INDUSTRIAL DISTRICTS. followinq criteria shall apply to Mixed Use Pods Drooosed for Mixed Use Pod Components and Definition A. For the purpose of this subsection, a Mixed Use POd is defined iplete, will have all of the followinq 1) mulU-family residential, 2) commercial/retai~, 3) office and orofessional, dwelling units, A mixed use Pod is the aggreqate of all land within the PID :onsolidated and designated for mixed use. ~ 3. Definitions: ~ .. Master Site Plan. Master~ Site Plan is the plan ~for the enti~re ~mixed, Use Pod with vhlch to ,.,,., ......... ~ ...... ,., ,., .................. ~ ..... individual ~echnical - ~ ....... ¢ - the ~u .......... .s~te ~lans and, ~,. bL, ld)nas as pr, ocessed .................... by bv l-echnical :!~eview :Committee (TRC)~aer .~r,e:: ,~0 be consistent. Plan Jreq reme~tsof Ma ui stet Site Plans are, deft ned .herein., . . dot;,,,~, ,,, ,,~..~,.- ~ ...... .~ ~p..~ .... L Technical~gite P an Technical Site Plans are -"^~ `~ "-~ .... ~"*' ...... ,¢,. ..~,,,~,, ~.-~....~--~.~.,,,~,,~"--",~ '-',,, ~.....,..~,~=,,=,,~,ment plans for one or more Jots submitted in compl anco with ChaQter 4. Section 7. {A. throuqh G.) and Section 8. Prior to ~pproval of the Master Site Plan, technical site plans may be reviewed'by the City gmm ssmon, with the consent of the Development Department Director or his/her ~iqnee, for review and approval ,of waiver7 requests for flexibility of development .... ,-~ ...... * i ns for technical site .~ ........... equtabons. Such plans shall meet the requlat'o inns and shall spcdfid:~Iyspecifically list in the tabular data those specific elements ~f the plan requiring waiver approval. £. Permitted Uses. A lowed uses in the mixed use Pod shall be limited to those Uses permitted uses in the C~3 zon ng dE)strict .................... ~ .............. , alonq with the followinq additional uses and provisions: 1. Sale of new or used:vehicles and boats; 3 2. Automobile wash establishments if accessory to a principl~ use; 3. Retail sales of hardware and building materials as described in th~ Land Development Regulations, Chapter2, Section 6.C. 1. i and aa and Secbon 5.D.l."f"~(excludinq item 14) and includinq upholstery supplies~ up to 10,000 square '.et; wholesale of these goods or retail sales uses in excess of ]~0,000 square feet, and wholesale of similar qoods reqardless of, floor-area shall require.conditional use approval; 4. I~lini-storaqe uses intended to serve a mixed-use project excludinq all .~xterior siqnaqe except for ident fication siqnaqe not in excess of :3 square feet; 5. Outdoor display of merchandise durinq business hoL~rs only; and .... ~ ................. , ................ ~ ............. ugh 6. Any use not specifically listed herein that is deemed consistent with hese provisions and reviewed consistent with the process described below. D. Uses Prohibited. Prohibited uses shall be limited to those uses listed ac rohibited in the P.I.D. requlations harai~,, with the addition of adult entertainment Jses;~ conditional uses as indicated in the C-2 and C-3 zoning district regulations; Irive-up, drive-in, and drive-throuqh features except on financial institutions; and outdoor storaqe excluding outdoor display of qoods, except where specifically permitted in the above section. The approvai, of useSin a mixed,use Pod~Shall' be processedJn~conjunction w th the plan, In the.event a use~a; ....................... ~ ...... ~ review of each technicalr site ' "~ ....... ~';"~ ....... ~ ....... '"' ar, tldpatcd in cthcr thc is, proposed that s not sted under the allowed uses or the ~rohtbited, [,]'~:~ the~ Do:;~. ,~,,. .'- ............ .. Development,.Dtrecto~ o~,h.ls/her, deslqnee ~a¥ approve the use administrativelY as pa~ of the see plan approval p~ocess if i~ :hc Dirc~or;dccms the use s de~;m ned cons stent w ~b the intent and purpose of ~e mix~ use'd~elopment. If the Dire~o~denies the:use, the applicant shall have :he :riqht to appeal the, decision dire~ly to the. Ci~ Commission as provided in paragraphs 7 and 8 hereafter. .... ~,~¢ ........... w .... M~hanlcal e~oment whl~ exdusvely se~es the stru~ure shall not be included in the calculaUons of hei~,ht. 2. Design standards for the residential component of Mixed Use ~ds shall be as set foAh herein below. Review and aDurovat of a MAed Use Pod shall be conduced by review ~nd approval of a master site, plan for-the Mixed Use Pod fhemaffer "Master Site Plan'~ pursuant to the Technical Review process as set foEh in Chapter 4, LDR. No~i~standin~ the provisions of Chapter 4 to the con~a~, the submission 5 A. A:sealed survey not older than six months showing al~ adjacent streets, alleys and driveways, and a Iso illustrating: :~. ' Existin(~ natural features. 2. Existing buildings and structures, including use, heiqhti dimensions and setbacks. 3. Existina utili~-v.lines and all easements. 4. Existinq elevations (corder, street and finished floor). B. Ascaled Master Site Plan illustratinq: PropOsed buildings and other structures, and any existincl buildinqs and structures which are to be retained, includinq use, heiqht, dimensions and setbacks. 2. Proposed off-street DarKino soaces, driveways and sidewalks, including location, dimensions and setbacks. 3. Proposed fences and wails, includinq location, dimensions, setbacks, height and material C. A LandscaDe otan includino the following: 1. A separate scaled drawinq (at the same scale as 6 the site development plan) ill:ustratinq qeneral location of trees, shrubs, qrass and other ~ =: veqeta~on.. 2. ~ Rroq0$ed' berms, watercourses and other .t0Poa[a~h~ic features. '. :: - · 3r, L "~ n°tati, c~n' on method of irr gat on, ,D, Arct~itectural, ~esiqn Staadards showing the following; 1. Desian themes to be followed, includinq :materials. 2. Bu!t~i0e colors and color pallet options for accessory desiqn elements. 3.All building and structure maximum . _heiQhts. including HVAC.c0mponents. 4. Color elevation renderinqs depicting representative desiqn concepts for all pnnciple structures. E. A Tabular summary containin(~: :L. Total (~ross proiect area by acreage and square footaae and net buildable land area in acres and s~uare feet. 2. Total number of proposed residential units, which ? shall not be less than 750 square feet per unit, unless a waiver is obtained as provided in paraqraph P, 3 below; 3. Proposed nonresidential floor area by type of use and total aross sauare footage. 4.r Number and ratio of off-street parkinq spaces and.dei3iction o[Ioading areas, 5. Water bodies in acres and square feet. 6. Heiqht:of buildinqs. 7. Land use/traffic trio (]enerationsummary. 8. Dcp~cn and nctatlon List/description of each e[ waiver requests for flexibility of development requlations. 9. The minimum and maximum number of residential units, the minimum and maximum number of tota square footaqe of each component of nomresidential uses, and the initial proposed numbers for each component ^" '"'~'~""'"" ~ ~'~ ....... "range of mix .,~,,.~, .., .~,~..,,~,~. ~,,,.~, .,,.. max,..,,.m and 8 minimum number of tots~ squ~ro foot~qe of c~ch csteqcF¢ of non res[denti~l F. An enqineers drainaqe statement. G. A-propoSed siqn program, for free standinq -sign pm~grsmfor showlnq maximum dimensions, qraphic Dr°visi~i~:s,~-materia~S and letterinq type. 3. WaiveFc~ standard, Zoninq RequlaUons Allowed. In coniunction with the aporoval fe~ of the Master S~e P, lan~ .theCib/IZommission~may waive or:modify ~he standard zoning reg ~lationS for the following: A. Buildinq setbacks. B. -Drive aisle widths and parking dimensions. C. Perimeter buffer widths, D. TvDe and size,of dwellinq units, E. Parkinq space requirements. F. Internal landscape requirements. G. Other waivers, as aPProved by the City Commission, to develooment regulations particular to the uniaue design of proposed development~. I'he'aoolicant shall iustifyeach wa'nfer request in writiqq as part of the Master Site ~lan aoplication. The nature of the request, the extent from which it departs from the staadard requlation, and tbebasis for which it is souqht shall be documented. Additional docurnentatio~ acceptable to the Qty. such as shared parkinq studies or 9 arkina studies justifying a reduction reauest, may be reauested by the city for their use in analyzinq the waiver requests. These aPProved waivers shall apply tn TRC. 4. Followinq approval:of the Master Site Plan fora Mixed Use Pod, subsequentr modification of such Master .Site Plan shall be subject to th~ reViewfaoDroval rules as follows. City Commission approvaP ~s required for pProposed chanqeswhich violate the proiect's previously approved minimum or ~qa×imum square footaqe of non-residential use~incr~a~ in heiqht abovelthat which has been approved .by the Master Site ;Plan, increases i.~ the maximum umber of residential units, as indicated on the Master Site Plan~ elimination of principle open spaces and principle pedestrian plaza~_ changes to approved idesign themes and principle architectural ~haracter whereby proposed plan does not esembte approved plan, or increases in deqree of approved waivers, shall rcq~r~' ~.,~ .............. ~ ...... All othe~ rews~ons to the Master S~te Plan includinq, but ~ot limited t~, the re ocat on of approved square footaqe, ~ conversion of square footaqe from one component to.another (e.g. commercial to office) and :ollversion from one u~ ~.~^ fn ~f~ ~,, ~ ........ ~ .~.~..,.. through TRC. folow the process described below. 5. ~ Technical Site Plans Review and Modification A. Following approval of a Mixed Use Pod Master Site Plan~ subsequent site plan no,royal of all individual components of the Master Site Plan (Technical Site Plans) ~0 ;hall be submitted to the ...... ~, ............... Development Director or his/her ~esiqnee. The contents of such submittal shall conform to the siteplan requ rements set forth ~n, LDRr Chapter `1.-The ...... ~. .................. Development Director or his/her designee shall determine in writinq within fifteen.(15)~workinq Jays of said submittal~ whether the,submittal is consistent with the Master Site, Plan. andif found, i~consiste~t,,~shat[~,spedfw,tbe inco~,siste~,c¢. ~,If;determjned to be consistent:with the IVlaster Site:Ban~ the final ,review an(t~approvat~sha,ll~,be through .... ~' ~^'~ r inin the TRC rev~w portion.of the.Site,Ban.,rew~w proce$~ ~,~ ~ ....... ?~,f:or ~ete m a compliance wit~b:~he. LDR. A~Sit~p~ian submitted: for: review which is determined, bv the ~ ....... ~ ................ Development Director or h~s/her des q ee, to be inconsistent with the Master Site Plan shall be processed in. accordance with the standard procedures set forth in LDR, Chapter `1, subject to apnlicant's riaht to appeal such determinaMon:in accordance with provisions set out in paraaraphs 7 and 8 hereafter or to amend and resubmit such site plan for reconsideration by the D ..... ~, ................ Deveiopmen~ Director or his/her desiqnee. E,. B. Following approval of a Technical Site Plan, subsequent modifications of such Technical Site Plan shall be subject to the review/approval rules applicable to minor/ma~or site plan modifications as set ~orth in LDR, Chapter ,t, Sec.. 9, subject to the following., i~ Tf it is determined to be a major modification it shall be processed in accordance with the provisions or 5.A. above. The processinq and approval of any amendment to the Master Site Plan required as a result o~ the modifications to a Technical Site.Plan shall be processed alonq with, 11 and in the same manner as, the processing of the modifications to the Technical Site Plan, unless.the provisions of paraqraph 4 above would require Cib/Commission approval. 6. Within seven (7) business ~days following TRC review .of a minor modification of the Master Site Plan,the review of a Technical Site Plan., or review of a modification ora Technical SitePlan,.the DcvdopmcntD[~c~orDevel0pment Director or his/her desianee, sba!! .issue a development order,~incorporatinq the indings of the TRC, which shall either approve the.submittal:as submitted, approve the submittal with condi_tions, or deny the submittal. Once .?, Tcch~,ic3l 51te~ Pl3~, iq pprowd b~' ThC development order is issued, the five (5), day review period has ~lapsed, and all conditions have been satisfied, ~ individual buildings may b~ ~ermitted individually. Buildinqs permitted strictlvthrough the oermittina Droc¢~ nay not exceed the.building envelope as shown on the approved Technical Site ~an, 7. The applicant, or any agqdeved or adversely affected party (as that ~erm is defined by and interpreted under F.S. :~63.32~5) may request review of tho evelopment order, or of a determination by the De~;'dopme. nt D[r~orDevelopme~-J~ ,irector or his/her desiqnee of inconsistency, by the City Commission. The i'eauo~t For review shall be in writing and filed with the City Clerk within t'~/e (5~ busino~*. days followinq issuance of the order. No development order shall be final until expiration of the five (5) day request for review pedod if no request for review i*, made. or the City Commission's disposition of the matter if a request for review i~ made. 8. The City Commission shall conduct a quasi-judicial review at a public hearinq within 30 business,days-of the filinq of the request for, review. EollowinQ review, the City Commission shall: A. Approve theDevelooment Order, or B;. ,, [Vl0di~ the, De~el0pment~ Order,. o~ C.: ~ Deny the :Development,Order. ,,~he decision or,the Commission shall be tre~t~d:,asfinal-at theconclusion of the voice vote on the agenda~item under consideration~ notwithstandinq later issuance of a written order. The minutes of the Commission meeting shall be conclusive evidence of the action of t~e Commission. Review of final' action by the Commission shall be by Wdt~ of Certiorari to the Circuit Court. 9. Expiration of Approved Plans, Approved Master Site Plans asdescribed herein shall remain valid indefinitely. ApProved Technical Site Plans shall remain valid for a pedod of two (2) years pursuant to the terms listed in Chaoter 4, Section ;ection 2. Each and every other Section of the Land Development Regulations not hereinbefore specifically amended shall remain in full force and effect as ~reviously enacted. ;ection 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Should any section or provision of this Ordinance or any portion by a court of competent jurisdiction to be invalid, such derision remainder of this Ordinance. Authority is,hereby given to codify this Ordinance. This Ordinance shall become effective immediately. day of October ,2000. FINAL READING AND PASSAGEthis. day of October, CTTY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Clerk ]4 SPEED HUMPSUMMARY FROM 1996 TO 2000 CommissionI EXCERPT FROM MZNUTES Mtg Date 2/15/96 A consensus was established to have the Engineering staff move forward with a study of the SVV 4m Street petition, and come back with a recommendaton regarding the number of humps required, the funding source, and the timing. 5/21/96 Mr. Hukill summarized that we will hold in abeYance any work on the ordinance, and do this as a test case~ then see how it goes. 3/18/97 The Police Department did a test, and they did not show any exorbitant number of stops Most of the people who were stopped were residents of the community. His recommendation was that speed humps were not required. The community was willing to donate $1,000, but the cost of the humps was $900. each. In addition, there were residents who were opposed. Mayor suggested that the Commission be provided w th a cost estimate to do one seCtion. He also requested that the residents of SW ,~tm and SW 5th be surveyed. ,~/15/97 Out of 136 inquiry letters sent to property owners along SW 4th & 5th Streets, 72 were in favor and 15 in opposition. The in-house cost of these speed humps will be $500 for materials and approximately $700 for labor ~ for a total of $1,200 each. 'There was a consensus of the Commission that the funding for this pilot program be taken from Contingency, and that the speed hump that allows a 25 mph speed limit be installed. Motion: Commissioner llllman moved that the Commission authorize staff to install speed humps that maintain speeds of 25 mph in the area of SW 4m, 5th, and 6th Streets for a period of one year to study the effects of this ' traffic calming device. Motion carried unanimously. 5/6/97 Approval at the last commission meeting was to install speed humps on SW 4rn, 5th and 6m Streets. There were to be three speed humps installed on SW 6th Street. During the installation process, it was determined that a "STOP" sign is ver~ close to the end of the second speed hump. Therefore, the third speed hump is not required. However, at a certain point on SW 4m St., the road becomes Churchill Road. That runs at least 1/10 of a mile to Chapel Hill Blvd. There was a consensus of the Commission to relocate the third speed hump on Churchill Road. 1/6/98 Mr. Hawkins reminded the Commission that the speed humps on SW ~,m, 5m and 6m Streets were installed as part of a pilot projeCt for a period of one year. Staff has been watching this situation closely, and found that the general public supports these humps as a way of solving speeding problems on local streets. However, staff feels speed humps may not be the answer for every neighborhood. The City wants to develop specific criteria that can be applied with respect to where speed humps or other traffic calming devices should be installed. 6/16/98 Mayor Taylor explained that staff has done extensive research on this issue. There has been no successful litigation using speed humps. In the Chapel Hihll neighborhood, '80% of those surveyed feel the program has been successful. The [vlayor is willing to move ahead with the speed hump program by instructing staff to create a budget item so that we can begin to accumulate money for this program. We can look at ways to prioritize a list of requests for installation. If funding is available, we could begin installations immediately; Commissioner Titcomb agreed with the Nayor~s remarks. It is mportant to put a revenue source in place to address this issue. There are specific neighborhoods with spec tic traffic problems that can be reso ved through some sort of calming device. He supports moving forward. Mayor ProTem -Iqllman feels a funding source is needed and we need to look at specific parameters of the ro~d. It s Ume to move forward and respond to the situations that exist. Mayor Taylor directed staff to start to put together'a list of areas that want' speed humps, and contact residents to see what their desires are. Mayor Taylor requested that the City Manager look at the budget to see f there are any funds availab e to begin .immediately. in some ar~as. Nayor Taylor would like this to be a budget concern for the upcoming budget. 8/4/98 A[tomey Cherof stated that he had circulated a memorandum that the City of Sarasota had been challenged on that City's speed bump ordinance and program. The 12~ Judicial Circuit had entered a final judgment declaring the speed bumps under Florida law were improper since they were characterized as traffic control devices under State law. The Qty of Sarasota has appealed the decision and the Florida League of Cities and Counties have become a party to the appeal. Attorney Cherof's recommendation to the Corem ss on is that this City suspend any new projects that would place speed bumps in any part of the City, pending the ~ outcome of the litigation. Attorney Cherof further stated it could take between six months to one year for a final'ruling. :[1/13/99 Appellate Court reversed Circuit Court in favor of Sarasota. (A copy of the Appellate Cour~ opinion is attached) 2/~7/00 Interim City IVlanager Hawkins requested the Engineering Department to look into re-installing speed bumps in the same area of SW 6m Ave but not the same location and also to develop specific recommendations for a Speed Bump Policy for the' Comm ss on to review. In response a [996 policy that is a part of the Department of Development Policy Manual was forwarded. In summary in researching the meeting I have not ;een able to find where the Commission took any formal action on this issue. ]c 7/26/00 October 4, 2000 REGULAR CI'FY COMMISSION MEETING I AGENDA ~]~ MANAGER S 0FFICEt 6:30 P.M. I. OPENINGS: Call to Order - Mayor Gerald Broening Invocation Pledge of Allegiance to the F ag ~d by Vice Mayor Ron Weiland FILL; GIVE PORTION COME · DAZS) BEFORE E. Agenda Approval 1. 2. made: To Mayor I Black Alt Alt Eduoation~Adv sory Board E'~ Reg dUcation Ad~ Board . Pit Broening EdUCatJon~AdvJ~ry Board Alt I Weiland Nuisance ~,b~ternen, t Board Peg II Black NuiSance Ab~t~eht Board Alt IV Fisher Recreation &ipa~ rks:Board Alt III Sherman Senior Ad~isor~ BOard P, eg III, ANNOUNCEMENTS & PRESENTATIONS; Length of Term I yr term to 4/01 Tabled (3) i yr term to 4/01 Tabled (3) 1 yr term to 4/01 Tabled (3) 1 yr term to 4/O:t Tabled (3) 2 yr term to 4/02 Tabled (3) 1 yr term to 4/01 Tabled (3) 1 yr term to 4/01 Tabled (3) 2 yr term to 4102 Tabled (3) I yr term to 4/01 Tabled (3) 1 yr term to 4/01 Tabled [2) 2 yrtermto 4/02 City of Boynton Beach Agenda RegU ar City Commission October 4, 2000 Matters in matedal to become A. Minutes: 1. Special 2. A. Announcements: 1. TNT Concert - Friday, October 20, 2000 at Oceanfront Park from 6:00 p.m. to 9:00 p.m. -,Lakoda4-" (Southern Rock) B. Presentations: ! Proclamations: a. ~MCA aY~ - December 2, 2000 2. Orientation PowerPoint Present~. tion - Diane Reese, Finance Director CONSENT AGENDA: - .: of of Ado 2O00 2000 are, approved in the 1999-2000 staff = Extend the '~ANNI~AL CONTRACT ~;~O~[CE SUPPI_[ES'; BiD #003- 1412-O1/KR,.to Corporate ~essa~d~c~eP°t' Inc. for an estimated annual expenditure Of ~00,0O0 :' ~::t .. Approve a dMa, I award' for ~be A~NUAL~ CONTRACT FOP. BACKFLOW PREVENTr~ON,~EV!CE; INSPEC~ON ~D' TESTING SERVICES'; BID #088- 2821-00/KR, t0 Dee Maria Pl'umbing~.[nc. and Service America Network, Inc., for an estimated annUa eXPen~t~re of $14~000 City of Boynton Beach Agenda RegUlar City Commission October4, 2000 ;~ard "ANNUAL BID FOR DUMPSTER REPAIR'; BID #093-2510-00/Kn · .,., .~ to ward Lamons:of Boynton Beach, Flonda, in the amount of $35,000 Award the bid for ~'ANNUAL SUPPLY OF 5ODIUM HYDROXIDE (LIQUID ~U~C SODA), BID ~089-28}1~00/~D to ].CI. 3ones Chemicals, Inc of Fo~ Lauderdale, ~orida for an annual expen~i~re of $173,250 Utilize ~nera[ ~e~ices Administr~on ContYa~ ~GSA-07~8722D for ~e ~urc~e .of~e~hsm~t~ tee mowe~ Wit~ ~essd~ es in the .amount of $33,3~0:92;: a~;ad~RiOh~l~ ~e p6rchaSe 'of a' La~ec A~ cula~or rough mo~e~ in ~he:amo~h[ of ~;15,9~' bas~ on 'thme corn peUtive wr~en quo~tions. expenditure of $8,700. BID for an annual BID )nnual estimated Resolutions: 1. an 6, of Authorizing the services between the City of Hill, Inc., Eddy, Inc. - Lot 50B Quant~iJm Park PID - to construct ~ 14,~10 square foot located on 4.25 acres (~rABZ£D ON Boynton Shopoes (~de Yard Setback) - 1620 S. Congress Avenue - Reqq~ for, relief fr~m, Ch~pter:~2 Zoning, Section 5 F.7.e requ r n a minimum 30 febi; se~a~k ~o alldw a 12.5 foot~ vadance~ or a mini~gum 17.5 foot side yard s~adk ~ithin t. he Boynton Shoppes PCD City of Boynton Beach Agenda Regular City Commission October 4~ 2000 Eo Boynton Sh0ppes (Per pheral Greenbelt) - 1620 S. Congress Avenue - · Request '.fOr reief ~or~ ~Cha~te~2 .~Zoning~ Section 5,F 7.f. requiring a minimum ten foo~ peripheral greehbelt within' the PCD zoning district to allOW a five foot ;var anco o~,a -m n!mum:five foot peripheral greenbelt a ong 'a ~230 :foot p0~i~n of both thee~st and west property lines of the Boynton Sh0ppes PCD J B0Yn,t. or~ Shod, eS ~,~620 S. ~ngre~ Avenue - Request for new site plan .~f ~;~,~f~0t:~ ~e~a~t ~h ~ve-thro~g~ and Z,500 sq~a~e.f~L9~, ~i!~ ~ ~ '~- a,0~27 a~re ~tparcel in the Boyqt0n S~ppes PCD - Approve t:heFe~Dn~tpr,e f0~ Server, Upgrad~ and issue to Lake ~idge Road H= the Project for the in the original for FY for annual membership construction for Boat Club Roberts & Todd, permitting and Park. Approve the::pur~chase, ~,t~ze~:t~o (22) mol~de radios for use m the Parks Confirm the a~p~iJi~nt :o~ ~,reY ~. ~vergoOd; as Public Works Director for the City of Boynton: BeaCh City ofBoynton Beach Agenda RegularCityComm~ssJon October 4, 2000 VI. CZI'~ MANAGER'S REPORT: A. Report on Non-conforming Signs B. Review of Proposed Traffic-calming Device Procedure C, Request for direction from Commission on Purchase of Property in=theCRA D, Report on CRA Appointment Process PUBLZC AUD]:ENCE: TNDZVTDUAL SPEAKERS W:~LL BE Lzt41'I'ED TO 3-MZNUTE PF VIZ. PUBLZC HEARING: 7:00 P.M. Project: Agent: Owner: Location: JRE AGEN Master Pla~ :onstruction of an g~ ~nc. PERM[TS r the building restaurant with ;pace County, the City of Boynton, Beach and the for purchase and construction of the 1913 :~ ,Indoor Exhibit(October t7, 2000) Areas (October 17j 2000) 17~, 2000) Resolution approving 2000-02 Capital Improvement Priorities (October 17, 2000) Review policy for cemetery late arrival fee and space requirements pending review by Cemetery,Board and funeral business (November 8, 20D0) Presentation by State Representative Addie Green (November 8, 2000) City of Boynton Beach Agenda RegUlar {~ity Commission October 4, 2000 G. Proposed Policy for Communi~ Activity Grants H. Proposed Expansion of CRA Boundaries DEVELOPMENT PLANS: X, NEW:BUSINESS: LEGAL: A. Ordinances -2nd Reading - PUBLIC HEARING t. Proposed Ordinance No. O00-49 for wall murals, and establishing a review future wall murals 2. 7.5, to codify the a to study and possibly ice of a Notice of Intent, the change under Re: Amending Chapter 2 Planned Industrial ~ retail, use in Ptanned Industrial Development DistriCts, providing for design guidelines, providing submission requirements, providing procedures for review ('~"AB/.~'D Proposed, iOrdinance No. O00- Re: Amending Chapter 26 entitled Water, Sewer and City UtilitieS'; :amending Section 26-8.1 to provide for commencement date for utility ; services billing cycle, and to provide a definition of base facility charge; amending Section 26-9, Schedule IT (B) to provide, billing formula for mulU-family buildings in CityofBoynton Beach Agenda Regula~CityCommission October4~2000 .5. which several dwelling units are serviced by one met.er; by a~ending Section 26-406 to pro~/ide bi lng formula for th6 "Fee Jn-lie~ of' capital .contribution for properties redeveloping within the downtown stormwater ~mprovement watershed Proposed Ordinance No. O00- Re: Development Regulations to include nightclubs Amending Land Proposed OrdinanCe NO~ O(00- Re: Approving the abaJ~d6fim'ent of'a~.p~ ~,of ~ast~ Railroad Avenu~ betv~een SE ~:0m Avenue-and SE 8m A~e~ue Proposed Ordinance No. O00- Re: Amending Chapter 2, Section ~l.L:3~a. t~ll0~ ~etaii sale of gasoline Or to be pe~m~ed on p~rcel~"°f I~nd containing 12 acres ~hin a 1,000 f00t radius Of an intersection, and three lanes off'mOre Chapter 2, and Authorizing the use of second onto westbound Re: Authorizing Zoning in BUSZNESS: X1[TZ. OTHER: City of Boynton Beach Agenda Regular City Commission October.4, 2000 NOTICE IF A PERSON DECIDES TO APBEAL'AN¥ ~EC~SION HADE BY TH~ CTT~' CO.~H~SS[OH ~/~lq~; RES.~T TQr ANY HATTER CONSIDERED AT AT.HIMS ~EET[NG, HEJSHEWilJ- ~D A RE~O~D~:~F TI~E PROC~,,JNGS ~Dt ~0R[SUCH PURPOSE, H~/~HE ~J/~Y NEED '[O ENSURE THAT A VEP~A RECOR~ OF THE pEOCE~:D[NG ~ "~, ~ '~ ~CLU ~ ~H0 ~' AND ~IO~ CE*U~N WHICH ~E ~P~L IS TO BE BAS~. (F.s. 286.0~05) FINAL DRAFT AGENDA - 09~27~2000 8:34 AM JMP j :~SHRDATA\CC\WP\CCAGENOA~AGEN DAS\I 00400. DOC City Commission OCTOBER 4,, 2000 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District I Bruce Black Commissioner District II William A. Sherman Mayor Pro Tern District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager II D ',ICT I Visit our Web site www.ci.boynton-beach.ff.us ~ll~ ~ ~i~/~ ~tt~l ZM#~ ~r b~g /l/ill~l#~ WELCOME Thank you for attending the City Commission Meeting ; _ GENERAL RULES & PROCEDURES FOR PUBLZC PART~CIPATLON AT CTrY OF BoYNTON BEACH COMMZSS~ON MEET~NGS E AGENDA: TH 7~ ..... . · · Commssioners which determines the order of There ,s an omcial agenda fo, every_ me_e..ting~:of t~e .~?.. i ess conduced at ~e meeting. ~nof unless a majon~ of the Corem ss on has first ~usiness, which is not listed upon ~e o~clal ~nsented to ~e presentation for consid~ation and a~ion. · Con~n~ Agenda.Items: ~ese are items, which the Commission does not need to discuss individually ndN dually in the order . , by the Commission indicates appr~al ~ the agenda item. This can be by eithe~ b vote with Ayes & Nays or y a roll caJl vote. The to the Commission at their meetings during Public Hearings~ Public Audience, and on any regular agenda item. City Commission meetings are business meetings, and as such, the Commission retains the right to limit discussion on an ~ssue. " b rds are ocated on the tab e Dy the entry~door to the Chambers Please,~omplete ,a, Comment y Comment ca , . ' the 0 enins portion ef th6 the Public Card" and give it to the City Clerk at the eft end of the da s before P g meeting. As a genera~ practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an offidal agenda item under the section entitled "Public Headngs". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yeliowcolored card for matters not isted on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · nda ;Items: Any c tiZen may speak on any official agenda item(s) listed on the agenda alter Regular Age l , , .. · . _ ......... ,~^ ,;~,,n COlo,;ed card for matters listed on a motion has been made and property secon~eo. ~'lease u~¢ u the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while address ng the barred from further audience before the Corem ssion by the presiding officer, unless Commission will be . . · ~- · : ..... ~ ~.. ~,~ -,a~ori~v vote of the Commission permission to continue or again address the L,ommlsslon 15 ~j[~=l~U uy ul~- ,. j -r members present, erin s are he d in the 8oyntor~ Beach City Corem ssion Chambers, :LO0 East Boynton Beach -- City Commission me ' g ~-,~ :-,~-,,,, on e first and th rd Tuesdays of every ach Al re uar mee~lngsare neu ~y~,~o,,y--th _ . . Boulevard. Boynton Be ' .~.. g - --- ~-----~- ~;~h~rl~l~ ' some meetin s have been moveo oue m month, starting at 6:30 p.m. (?lease CheCK me ~j~,,u. _u..__u._ - g ~ Holidays/Election Day), October 4, 2000 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation C. Pledge of Allegiance to the Rag led by Vice Mayor Ron Weiland D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CZTY ~BEFORE THE "OPENINGS" PORTION · COME TO THE PODIUM WHEN THE MAYOR CALLS.YOUR NAME INDIVIDUALSMAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption ADMINISTRAI'WE: Appointments to be made: Board II. A, Appointment To Be Made Length of Term Exoiration Date IV Black Mayor Broening I Weiland Mayor Broening Children & Youth Advisory Board Alt Children& Youbh Advisory Board Stu/Reg/Voting Children & Youth Advisory Board Stu/Reg/NonVoting Bldg. Board of Acl~ustment & Appeals Alt III Sherman Education Advisory Board Peg IV Rsher Education Advisory Board Att: Mayor Brcening Education Advisory Board Art I Weiland Nuisance Abatement Board Reg II Black Nuisance Abatement Board Alt IV Fisher Recreation & Parks Board Alt III Sherman Senior Advisory Board Reg 1 yr term to 4/01 Tabled (3) 1 yr term to 4/01 Tabled (3) 1 yr term to 4/01 Tabled (3) i yr term to 4/01 Tabled (3) 2 yr term to 4/02 Tabled (3) 1 yr term to 4/01 Tabled (3) /. yr term to 4/01 Tabled (3) 2 yr term to 4/02 Tabled (3) 1 yr term to 4/01 Tabled (3) 1 yr term to 4/01 Tabled (2)- 2 yr term to 4/02 City of Boynton Beach Agenda Regular City Commission -October 4, 2{~00 ANNOUNCEMENTS & PRESENTATIONS A. Announcements: TNT Concert - Friday, October 20, 2000 at OceanfrOnt Park from 6: r 00 p,m. to 9:00 p.m. - "Lakoda" (Southern Rock) Presentations: 1. Proclamations: b. Fire Prevention week - OCtober'8-14, ~0~r- ' 2. Orientation PowerPoint Presentatibn -Diar~e Reese, Finance Director CONSENT AGENDA.' Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the ac'don indicated in each item, with all of the accompanying matadal to become a part of the Public Record and subject to staff commen~s. A, Minutes: 4, 6. Spedal City Commission Capital improvement Project Workshop of September 11, 2000 .Joint City Commission/Chamber of Commerce Workshop Meeting of September 11, 2000 Agenda Preview Meeting of September t4, 2000 Special City Commission Meeting of September 14, 2000 Regular Qty Cornm SS[on Meetin~ of S~ptember 19; 2000 Special City Commission Meeting of September 20, 2000 Bids - Recommend Approval - All expendituresare approved n the 1999-2000 Adopted Budget Approve the "SURPLUS VEHICLE/EQUZPHENT LIST" as submitted by staff and allow for the sale of same (Bid ~002-:L411;01/KR) Extend the "ANNUAL CONTRACT FOR OFFICE SUPPLIES", BID #003- 1412-01/KR, to Corporate Express and Office Depot, Inc. for an estimated annual expenditure of $100,000 City of Boynton Beach Agenda Regular City Commission October 4, 2000 Approve a dual award for the "ANNUAL CONTRACT FOR BACKFLOW PREVENTiON DEVICE TNSPECl'ION AND TESTING SERVICES", B:[D #088- 2821-00/KR, to Dee Maria Plumbing, ]:nc. and Service America Network, Inc., foran estimated annual expan~f[ture of Award "ANNUAL BID,FOR DUMp~I-ER REPAIR'; BID #093-2510-00/KR, to EdWard Lamons of Boynton Be~ch, Florida, in the amount of $35,000 Award the SODIUM HYDROXIDE (LIQUID Inc. $173,250 rough competitive wdtten $8~700.. BEACH CLEANING, BID annual FOP, LANDSCAPE BID e~ma~d Resolutions: Proposed Resolution No. R00- Re: Approving an amendment tO the agree.ment with Palm Beach County dated June 6, 20.00 for .loint Partidpation and Project Funding in Construction of Lawrence Road from Gateway Boulevard to =Hypoluxo Road Proposed Resolution No. R00- Re: Authorizing the execution of an ag~ment for. engineering services betWeen the City of Boynton Beach and C:amp Dresser & McKee, :[nc., CH2M Hill, :[nc., Hal b,lan & Associates, Inc. and Metcalf & Eddy, :[nc. Ratification of Planning & Development Board Action: RQeuantum Lot: 50B (Gale Industries) - Lot 50B quantum Park PID - quest for new site, plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres ('7'ABI. E'D .OAf City of Boynton Beach Agenda RegUlar City Commission October 4, 2000 Go Boynton Shoppes (Side Yard Setback) - 1620 S. Congress Avenue - Request for reJief n Chapte e. requiting a ,minmUm 30 fa6t ~ · or a minimum 17,5 foot side ~ Boynton Shoppes PCD, Avenue - :, requiring a district to new site plan consisting Approve and north: Approve the donation Transition purchase order ~o ~om Veronica Lake ;und to The ]uvenile 500 funds for the construction the original design Approve payment to Palm Beach County League of C ties for annual membership for FY 2000;200~- Approve a documents, Park f~ Wallace Roberts.&. Todd; LLC to provide construction services for Boat Club Authorize the City Manager to negotiate a con~-act with Wa lace Roberts & Todd, I.LC to provide ~aster ~lan revisiOns, constmcti°n documents, permitting and construction administrative services .~or Intracoastal Park. City of Boynton Beach Agenda Regular City Commission Approve the purchase of twenty-two (22) mobile radios for use in the Parks 'Division for a total cost of Confirm the appointment of Jeffrey R. IJvergood as Public Works Director for the City of Boynton Beach CZTY MANAGER'S REP~RT!. A. Report on Non-conforming Signs B. Review of Proposed Traffic-calming Device Pmceclure C. Request for direction from Commission on Purchase of Property in the CRA D. Report on CRA Appointment Pmce~s E. Discussion of City Commission Comment Card System PUBLZC AUDZENCE; ZNDZVZDUAL SPEAKERS WZLL BE L/MI"TED TO 3-MZNUTE PRESENTATZONS V~. PUBL~CHEAR/NG: 7:00P.H. OR AS SOON THEREAFTER AS THE AGENDA PERHTr$ A. Project.' Agent: Owner: I,J3caflon: Boynton Shoppes PCD (Heise PCD) Robes1: E. Basehart, Basehart Consulting, [nc. Boynton Shoppes, LLC 1620 $. Congress Avenue Request for Master Plan Modification to allow for the cons~'ucflon of an additional 3,000 square foot building consisting of a 1,500 square foot fast food restaurant with dflve4~mugh and 1,500 square feet of retai~ space. (APIq./CANT REqUE~rS POa~ ~-ONEMENT) FUTURE AGENDA 1TEH Agreement between .Palm ih. att County, the Oty of Boynton Beach and the Boynton Cultural, CentTe, [nc. for purchase and construction of the ].913 Children's Huseum [nteractNe Ecosystem TLndOor Exhibit [October 17, 2000) B. Futura Annexation Areas (October 17, 2000) C. Resolution approving 2000-01 City Objectives (October 17, 2000) City of Boynton Beach Agenda Regular City Commission October 4~ 2000 D. Resolution approving 2000-02 Capita Improvement Priorities [October 17, 2000) E. Review review by Cemetery pending Proposed Poliq Proposed Expansion of ( "Name Pond B' Contest DC DEVELOPMENT PLANS." NEW BUS:[NESS: - LEGAL: A. Ordinances -- 2ncl Reading - PUBLIC HEAR.lNG Proposed Ordinance No. 000-49 Re: Creating a definition for wall murals, and establishing a process and guidelines by which to review future wall murals Proposed Ordinance No. 000-51 Re: Amending Chapter 7.5, ArUde rr (end :related sections) to add aesthetic/beautification requirements, to create additional buffering standards to increase maintenance requirements, increase planting specifications and to codify lake plantJng requirements Proposed Ordinance No. 000-53 Re: Authorizing the issuance of Notices of ]~ntent by the COmmiSSion to study and possibly change Land DeveloPment Regulations On iSSuance:of a Notice of Intent, applications for development parrnits inconsistent with the change under study will not be accepted. 6 City of Boynton Beach Agenda Regular City Commission O~tober 4, 2000 B= Ordinances - 1~ Reading Proposed Ordinance No. O00-52 Re: Amending Chapter 2 of the Land Development Regulations, Seddon 7, Planned industrial Develooment Districts, to allow mixed use pods of commerdat, retail multi-family residential and office/professional use in Planned Industrial Development Districts, providing for design guidelines, providing submission requirements, providing procedure~ for ~eview/'~4EZE'D ON 9/~9/oo) Proposed Ordinance No. O00- Re: Amending Chapter 26 entitled "Water, Sewer end City Uti res", amending Sec~n 2~-8.;:[ to provide for commencement date for utility services billing cycle, and to provide a definition of base fadlity charge; amending Se?tion 2.6-9, Schedule 11 (B)to provide bi ng formula for ~mutti:far~ily ~buildings in which several dwelling .units are serviced by one meter; by amending Section 26-406 to provide billing formula for the "Fee in-lieu of" capital contribution for properties redeveloping within the downtown stormwater improvement watershed 3. Proposed OrdinanceNo. 000- Re: Amending Degel0pme~t Regulations to indude nightclubs Lancl Proposed Ordinance.No. O00- Re: Approving the of East Railroad Avenue be[ween SE l0~ Avenue Section ~.~,.L~3.a lanes or more Re: Amending Chapter 2, gasoline or gasoline products to be containing 12 acres or more, located within a , and fronting on a roadway of three Proposed Ordinance No. O00- Re: Amending Chapter 2, Section 11.L to allow automobile fueling fadlities as andllary uses in Planned Commerdal Developments of ten (10) acres or more, and approved as conditional uses under separate development standards and Iocational cdteda Resolutions: Proposed Resolution No. R00-L34 Re: Authorizing the use of City-owned property for sidewalk relocation and the addition of a second lef'c-turn lane from northbound Seacrest Boulevard onto westbound Woolbfight Road (TABZ~O ON ~/.Z~/O0) City of Boynton Beach Agenda Regular City Commission October 4, 2000 2, Proposed Resolution No. ROO- Progress (Public Hearing) Other: . Re: Authorizing Zoning in XIIZ. OTHER: XIV. AD3OURNMENT; NOT~CE 286.0105) w~icH RECORD INCLUDES THE ] al iHONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY SHALL FURN[SH APPROPRIATE AUXILIARy AIDS AND SERVICES WHERE N ~Ef'~;;RRy TO AFFORD AN [NDMDUAL WiTH A DISABILITY AN EC~UAL OPPORTUNITY TO PARTICIPATE IN AND EN3OY THE BF. NEt-~ lb OF A SERVICEr PROGRA14r OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT )OYCE COSTELLO, (56i) 742-6013 AT LEAST TWENTY-FOUR HOU, RS PRIOR TO THE PROGRAIff OR ACTIVITY IN ORDER FOR THE CiTY TO REASONABLy ACCI:)MMOOATE YOUR REQUEST. FINAL AGENDA - 09~29~2000 8:07 AM JMP J:~SH RDATA\CC~WP~CCAGENDA~AGEN DAS~100400. DOC 8 October 4, 2000 CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P,M. OPENINGS: Call to Order - Mayor Gerald Broening Invocation Pledge of Allegiance to the F ag led by Vice Mayor Ron Weiland IF YOU WISH TO ADDRF~; THE COMMTSSIO;': · FILL OUTTHEAPPROPRIATE REQUEST FORM · GIVE 1'T-i DAIS) ~ BEFORE THE PORTTON EEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CAL t'NDIVIDUALS MAY SPEAK I E, Ager~da Approval: 1. Ad~ Appointments to be made: To Be Made IV Black Mayor I III IV Ma 3roening Weiland II Black IV Fisher III Sherman Alt Stu/Reg/Voting Advisory Board Stu/Reg/NonVoting , Board of Adjustment & Appeals Alt Education Advisory Board Reg EdocaUon Advisory Board Alt Education Adwsory Board Alt Nuisance Abatement Board Reg Nuisance Abatement Board Alt Recreation & Parks Board Alt Senior Advisory Board Reg IIZ. ANNOUNCEMENTS & PRESENTATLONS: Length of Term Expiration Dab~ i yr term to 4/01 Tabled (3) i yr term to 4/01 Tabled (3) I yr term to 4/0] Tabled (3) 1 yr term to 4/01 Tabled (3) 2 yr term to 4/02 Tabled (3) ! yr term to 4-/01 TabJed (3) i yr term to 4/01 Tableo I3) 2 yr term to 4/02 Tabled (3) 1 yr term to 4/01 Tabled (3) 1 yr term to 4/01 Tabled (2) 2 yr term to 4/02 CitYofBoynton Beach Agenda Reg~arCityCommissiDn October 4r 2000 IV, CONSENT AGENDA: Matters in this section of the Agenda are proposed and recomr "Consent Agenda" approval of the action indicated in each material to become a part of the Public Record and ~ A. Minutes: 1. Special 2. Announcements: I. TNT Concert - Friday, October 20, 2000 at Oceanfront Park from 6:00 p.m. to 9 O0 p.m. -"Lakoda" (Southern Rock) Presentations: 1. Proclamations: a. "YMCA Day"- December 2, 2000 Orientation PowerPoint Presentation - Diane Reese, Finance Director of Corer of of B. Bids - Special City Commission 14, 2000 19, 2000 2000 are approved in the 1999-2000 submitted by staff the sale of same (Bid '#002-1411-01/KR) Extend the "ANNUAL CONTRACT FOR OFFICE SUPPLIES", BID #003- 1412-01/KR, to Corporate Express and Of-rice Depot, Inc. for an estimated annual expenditure of $100,000 Approve a dual award for the "ANNUAL CONTRACT FOR BACKFLOW PREVENT[ON DEVTCE ][NSPE(. ~ ION AND TE~/zNG SERV][CES'; BTD #088- 2821-00/KR, to Dee Maria Plumbing, ][nc. and Service America Network, Thc., for an estimated annual expenditure of $1'~,000 City of Boynton Beach Agenda Regular City Commission October 4~ 2000 Award "ANNUAL BID FOR DUMPSTER REPAIR'; BID #093-2510-00/KR, to Edward Lamons of Boynton Beach, Florida, in the amount of $35,000 Award the bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAU~IIC SODA), BID #089-2811-00/C]D to .1.C.I..lones Chemicals, tnc. of Fort Lauderdale, Florida for an annual expenditure of $173,250 Utilize General Services Administration Contract #GSA-07F-8722D for the purchase of Greensmaster tee mowers with accessories n the amount of $33,300.92; and addit onally the purchase of a Lastec Articulator rough mower in the amount of $:15,950 .based on three competitive written quotations. Award the bid for TWO YEAR CONTRACT #058~2730-00/C-]D to Beachkeeper, Inc. of expenditure of $8,700. BID for an annual Awar0 "ANNUAL CONTRACT FOI; BID #079-2730-00/KR, expenditure of $6~(] annual estimated Resolutions: 1. an reement wit~ 6, Participation and of Proposed Resolution Authorimng the services between the City of & McKee, Inc., CH2M Hill, Inc., Metcalf & Eddy, Inc. 50B (Gale Industries) - Lot 50B Quantum Park PID - Request for new site plan approval to construct a 14,810 square foot commercial/industrial ~rarehou'se located on 4.25 acres (TA~Z~D ON Boynton Shoppes CSide Yard Setback) - 1620 S. Congress Avenue - Reeuest for relief from Chapter 2 Zoning, Section 5.F.7.e. requiring a minimum 30 foot setback to allow a 12.5 foot variance or a minimum 17.5 foot side yard setback within the Boynton Shoppes PCD City of Boynton Beach Agenda Regular City Commission October 4, 2000 Boynton Shoppes (Peripheral Greenbelt) - :[620 S. Congress Avenue - Re.q.uest for relief from Chapter 2 Zoning, Section 5.F.7.f. requiring a m~n~mum ten foot peripheral greenbet within the PCD zoning district to allow a five foot variance or a minimum five foot peripheral greenbelt along a 230 foot portion of both the east and west property lines of the Boynton Shoppes PCD Boynton Shoppes - :[620 S; Congress Avenue - Request for new site plan approval to construct.an additional 3,000 square foot building consist ng of a :[,.500 square foot fast food restaurant with drive-throuol~ ariel 1 ~nn square feet of retail use located on a 0.727 acre outoar~l Shoppes PCD Approve the expenditure for Server Upgrades and issue a Compaq Corporation in the amount of $16,878 order to Approve the balance of excavation (Tract "G'Q within Cedar Ridge Estates, a and north of ( Road Approve the Fund Trans~ion ( design dditional $30,000 the g with Fiscal Y ~n the in the original fOr annual membe~hip Wallace Roberts & Todd, LLC to provide construcdon ~i~ng and construction administrative services for Boat Club otaling $:[24,900. AuthorizeL the. City Manager to negotiate:, a contract w th Wa ace Roberts & Todd.. LC to prowde master plan rews~ons, construction documents, permitting and construction administrative serviCes for Zntracoastal Park. Approve the purchase of twenty-two (22) mobile radios for use in the Parks Division for a total cost of $25,058. Confirm the appointment of Jeffrey R. Livergood as Public Works Director for the City of Boynton Beach CityofBoynton Beach Agenda Regular City Commission October4,2000 C~TY MANAGERrS REPORT: A. Report on Non-conforming Signs B. Review of Proposed Traffic-calming Device Procedure C. Request for direction from Commission on Purchase of Property in the CRA D. Report on CRA Appointment Process PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMXTED TO 3-MINUTE VIII, PUBLIC HEARING: 7:00 P.M. OR AS SOON A. Project: Agent: Owner: Location: Avenue for Master Pla~ construction of an addi consisting g, Inc. the uilding fast food restaurant with retail space Ao County, the City of Boynton Beach and the :. for purchase and construction of the 1913 Exhibit (October 17, 2000) Areas (October 17, 2000) approving 2000-01 City Objectives (October i7, 2000) Resolution approving 2000-02 Cap tal Improvement Priorities (October 17, 2000) Review polio/ for cemetery late arrival fee and space requirements pending review by Cemetery Board and funeral ousiness (November 8, 2000) Presentation by State Representative Addle Green [November 8, 2000) City of Boynton Beach Agenda Regular City Commission October 4, 20BO G. Proposed Policy for Community Activity Grants H. Proposed Expansion of CRA Boundaries DEVELOPMENT PLANS: X. NEW BUSZNESS: XZ. LEGAL: A. Ordinances -- 2nd Reading - PUBI_[C HEARING Proposed Ordinance No. 000-49 for wall murals, and establishing a review future wall murals 2, Proposed Ordi~ 7.5, Article N{ to add buffering planting Amending to codify lance No. 000-53 -= of Notices of Inte application,~ the Notice of Intent, tl~e change under B. Ordin O00-52 Re: Amending Chapter 2 Regulations, Section 7, Planned Industrial to allow mixed use pods of commercial, retail, multi-family residential and office/professional use in Planned Industrial Development Districts, providing for design guidelines, providing submission requirements, providing procedures for review (7',4~'ZEO ON 9/~/oo) Proposed Ordinance No. O00- Re: Amending Chapter 26 entitled "Water, Sewer and City Utilities'; amending Section 26-8.1 to provide for commencement date for utility services billing cycle, and to provide a definition of base facility charge; amending Section 26-9, Schedule II (B) to provide billing formula for mulU-family buildings in City of Boynton Beach Agenda Regular City Commissiun October 4~ 2000 which several dwelling units are serviced by one meter; by amending Section 26-406 to provide billing formula for the "Fee in-lieu of" capital contribuUon for properties redeveloping within the downtown stormwater improvement watershed Proposed Ordinance No. O00- Re: Development Regulations to include n~ghtclubs Amending Land Proposed Ordinance No. O(00- Re: Approving the abandonment of a portion of East Railroad Avenue between SE Z0~ Avenue and SE 8t~ Avenue Proposed Ordinance. No. O00- Re: Amending Chapter 2, Sec;don 11.L3.a. to atlbw retail sale of gasoline or c products to be permitted on parcels of, land conta ning 12 acres or r 1,000 foot r~ius of afl intersect on, n a lanes or more three Proposed Ordinance No. Section 11.L to allow Planned ( as ancillary (10) acres pter 2, I: Resolution No. F property left-turn lane from Authorizing the use of second onto westbound Re: Authorizing Zoning in :ZN~rSHED BUSZNESS: OTHER: City of Boynton Beach Agenda Regular City Commission October 4~ 20B0 X~V. AD3OURNMENT: NOT~CE THE CTF'f SHALL FU .R~ISH APPROPRIATE AUXILL~RY AIDS AND SERVICES'WHERE NECESSARY TO AFFORD AN IND[VLrDUAL WITH A DISABILiTy AN FINAL DRAFT AGENDA - 09/27/2000 8:34 AM JMP J :\SH RDATA\CC~WP\CCAGEN DA~AGEN DAS\ 100400. DOC Requested City Conunission Meeting Dates [] July 18. 2000 [] AugUst 1, 2000 [] AUgUSt 15, 2000 [] September 6, 2000 IV-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON rBEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m.~ July 19, 2000 5:00 p.m.) AugUst 2, 2000 (5:00 p.m.) AugUst 16. 2000 5:00 p.m.) Requested City Commission Meeting Dates [] September 19. 2000 [] October 4~ 2000 [] October 17. 2000 [] November 8. 2000 Date Final Form Must be Turned in to Ciw Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.m3 NATURE OF AGENDA ITEM [] Administrative [] Development Plans --] Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids '-- Unfinished Business [] Announcement --'l Presentation RECOMMENDATION: Motion to extend the "ANNUAL CONTRACT FOR OFFICE SUPPLIES", Bid #003-1412-01/KR. to Corporate Express and Office Depot, Inc. for an estimated annual expenditure of $100,000.00. CONTRACT PERIOD: DECEMBER 2, 2000 TO DECEMBER 1, 2001 EXPLANATION: At the Commission meeting of November 2, 1999, this bid was awarded to Corporate Express and Office Depot for a one (1) year period. Both vendors have provided excellent service throughout this contract period. This bid will expire on December 1, 2000; but, according to the Terms and Conditions of the bid, we have the option to renew for one (1) additional year, provided all parties agree (see attached letters from vendors). Dominic DeMauro, Warehouse Manager, concurs with this recommendation ~see attached Memo). PRIMARY AWARD: CORPORATE EXPRESS 20% - 80% Offstocked items 40% - Off non-stocked items SECONDARY AWARD: OFFICE DEPOT 55% - Off stocked items 40% - Off non-stocked items PROGRAM IMPACT: The purpose of this bid is tn secure a primary and secondary source of supply for office supplies at the most economical price; prompt, convenient delivery/shipment and service by the supplier(s) to a specified location. FISCAL IMPACT: BUDGET ACCOUNT # WAREHOUSE 502-0000-141.01-00 ESTIMATED ANNUAL EXPENDITURE $100,000.00 S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM~ REQUEST FORM ALTERNATIVES: Deputy Dirbemr of Financial Sereices Procurement Services Delburtment Name City Manager's Signature City Attorney Finance / Human Resources cc: Dom/nic DeMauro, WarehouseManager File S:~BULLETIN~FORMS~AGENDA ITEM R~QUEST FORM.DOC CITY OF BOYNTON BEACH MEMORANDUM FINANCE ADMINISTRATION TO: FROM: DATE: SUBJECT: Bill Atkins Deputy Finance Director Dominic DeMauro, Warehouse Manag~ September 20, 2000 Office Supply Bid Both vendors have agreed to extend there bid for one additional year. We have received excellent service from both' Corporate Express and Office Depot. The estimated expenditure for 2000-2001 is $100.000.00. If there are any questions or concerns, please call me at 6324 ~×~MOST RESPONSIBLE, RESPONSIVE BIDDERS WHO MEET S~PECIFICATIONS //~ M~ KOE~TE , P~HASING AGENT D~)M~C DEMAURO, WAREHOUSE MANAGER ANNO . oNTRAcT '0R OFFICE SUPPLIES BID OPENING DATE: AUGUST 25, 1999 BID OPENING TIME: 2:30 P.M BID # 085-1412-99/SP "Offers'from the vendors listed herein are the only offers receive timely as of the above receiving date and time All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS ACCION INTERNATIONAL, INC. BOISE CASCADE OFFICE PROD. CENTRAL AUDIO VISUAL INC. 2250 N.W. 96TH AVENUE 3023 POWERS AVENUE 1212 S, ANDREWS AVENUE MIAMI, FL 33172-2327 . JACKSONVILLE, FL 32207 FT, LAUDERDALE, FL 33316 (305) 593-0213, EXT. 111 800) 741-2468 (800) 432-3756 JOSE RODRIGUEZ , GAlL SAPP , vl CHAEL S. LEVER ~ERCENTAGE DISCOUNT FOR SEE ATTACHED VARIOUS CATALOG ITEMS N/A STATE OF FLORIDA CONTRACT (SEE ATTACHED LIST) ........................................................................................................... .P..R!C. ........................................................... DAYS FOR DELIVERY 14 1-2 ' 25 PERCENTAGE DISCOUNT FOR NON-CATALOG ITEMS N/A 40% . 10% DAYS FOR DELIVERY N/A 1-10 25 VARIABLE DISCOUNTS LIST SUBMITTED (IF APPLICABLE) N/A N/A N/A DISCOUNT % OFF IF PAID BY 0% 0% 0% OF'THE MONTH (NET 30) (NET 30) NUMBER OF BID PROPOSALS SUBMITTED. . 1 I 1 SPECIFICATION "CHECK OFF" SHEET SUBMITTED YEs* YES* YES* SUBSTITUTION POLICY SUBMITTED YES YES YES STOCKED/NON-STOCKED RETURN POLICY SUBMITTED YES NO YES (see catalog P. 2) ANNUAL CONTRACT FOR OFFICE SUPPLIES "Offers from the vendors listed herein are the only offers BID OPENING DATE: AUGUST 25, 1999 rec~ vet me y aS of the above rece ving date and time BID OPENING TIME: 2:30 P.M ' ' BID # 085-1412-99/SP Al other offers subm tted in response to this solicitation, if any, are hereby rejected as late" VENDORS CORPORATE EXPRESS ¥ [~LOBAL ASSOC. COMPU I ERS K DATA PRODUCTS 18000 STATE ROAD NINE 8034 WILES ROAD 1401 N.W. 84THAVENUE MIAMI, FL 33162 CORAL SPRINGS, FL 33067 MIAMI, FL 33126 (305)651-3838 (954) 979-0364 (800)432.5115 PERCENTAGE DISCOUNT FOR ALAN CAPUTO DANNY oYEWALE NANCY GILBERT CATALOG ITEMS SEE COVER LETTER 35% 30% DAYS FOR DELIVERY I-2 ....................... ......... 3 2-3 PERCENTAGE DISCOUNT FOR 40% NON-CATALOG ITEMS (excludes furniture, H.P. products 35%. N/A ............................................. & electronic e~uipment) DAYS FOR DELIVERY 2-4 ........... ~:l:"l~[~ib'.~' ...................................................... N/A VARIABLE DISCOUNTS LIST SUBMITTED (IF APPLICABLE) N/A . N/A N/A PAYMENT TERMS: ~: ' DISCOUNT % OFF IF PAID BY 0% 0% NOT INDICATED OF THE MONTH (NET 30) NUMBER OF BID PROPOSALS SUBMITTED 1 - - 1 1 SPECIFICATION "CHECK OFF" r SHEET SUBMITTED YES YES ' NO SUBSTITUTION POLICY SUBM~ ~ I I::D YES NO NO STOCKED/NON-STOCKED RETURN ~OLiCY SUBMITTED YES NO NO ANNUAL CONTRACT FOR OFFICE SUPPLIES "Offers from the wn~brs listed herein are the only offers BID OPENING DATE: AUGUST 25. 1999 r~.eCeive timely as of the ab0ve receiving, date and time. BID OPENING TIME: 2:30 P.M, AIl ether offers SUbmitted in respor~se to this solicitation. BID # 085-1412-99/SP if any, are hereby rejected as late" E~OISE CASCADE:;0EFi~;E PROD. CENTRAL AUDIO VISUAL, INC.' ~EN~ORS -' -:A~Cci0N IN~r~:Ri~ATIONAE, INC. ~:~ .............. Z250 N.W. 96TH AVENUE 3023 POWERS AVENUE ~t2 S. ANb~REws AVENUE MIAMI, FL 33172-2327 IACKSONVILLE, FL 32207 ~T. ~UDERDALE FL 33316 (305) 593-0213, EXT. 111 (800) 741-2468 .... (~00) 432-3756 JOSE RODRIGUEZ , GAlL SAPP .... ~iOHAEL S. LEVER CATALOG/PRICE LISTING SUBMI~ED YES* YES -YES ANTI-KICKBACK AFFIDAVIT FORM SUBMI~ED YES YES YES CONFIRMATION OF MINORI~ ~- .FORM SUBMI~ED/NOT A~ ,FORM SUBM ~ED/N T OWNED BUSINESS YES/NOT CERTIFIED -: MINORI~ OWNED. BUSINESS [ MINORI~ OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE FORM SUBMI~ED NO YES YES COMMENTS *SEE NOTATIONS *SEE NOTATIONS~ *SEE~ NOTATIONS ANNUAL CONTRACT FOR OFFICE SUPPLIES "Offers from the vendors listed herein are the only offers BID OPENING DATE: AUGUST 25, 1999 rec~ v~e ~t me y as of the above recei~' ng date and time. BID OPENING TIME: 2:30 P.M All'other offers submit[ed in response to this solicitat~on. BID # 085-1412-99/SP if any, are hereby rejected as late" VENDORS MATRIX DATA ;MUSTANG'COMPUTERS & SUPP. ~ ~ i,i OFFICE D~:POT, 21555 DRAKE ROAD 7130 W. McNAB ROAD !,3794 N.W. 4TH STREET STE. 200 CLEVELAND, OH 44136 TAUARAC, FL 33321 .~UNRISE, FL 33325 (800) 456-3325 (954) 722-:~231 ;(800) 815-7221 -JULIA L. KATSCH ~ ,I V]_OGRINC .......................... ~ESLIE~ MELLOTT PERCENTAGE DISCOUNT FOR CATALOG ITEMS 11% N/A 55% DAYS FOR DELIVERY 6 1-5 1 PERCENTAGE DISCOUNT FOR ' · -- NON-CATALOG ITEMS 10% N/A~ 40% DAYS FOR DELIVERY 6 [ 1-5 1 VARIABLE DISCOUNTS LIST SUBMITTED (IF APPLICABLE) N/A N/A NIA DISCOUNT ~,~ OFF IF PAID BY NET 30 NOT INDICATED OF THE MONTH . NUMBER OF BID PROPOSALS 1 SUBMITTED 1 1 SPECIFICATION "CHECK OFF" SHEET SUBMITTED YES' YES* YES* SUBSTITUTION POL CY SUBMITTED YES NO YES STOCKED/NON-STOCKED RETURN ~OLICY SUBMITTED YES NO YES ANNUAL CONTRACT FOR OFFICE SUPPLIES "Offers from the Vendors hsted herein;tare the only offers BID OPENING DATE: AUGUST 25, 1999 · , ~ ,:' ..... ;receive timely as,of the above receiving date and time. BID OPENING TIME: 2:30 PM All other offers subl~ tted n reSponse;to this solicitation BID # 085-1412-99/SP if any, are hereby rejected as late" VENDORS ~ORI~ORATE EXPRESS GLOBAL ASSOC COMPUTERS ~ K DATA PRODUCTS 18000 STATE ROAD NINE 8034 WILE~S ROAD ~i ~i'401 N.W 84TH AVENUE MIAMI, FL 33162 COI~L SPRINGS, FL 33067 '~: MIAMI, FL 33126 (305)-~51-383~8 (~5~).._9.7.9.-D.36~ ......... ¢' (800) 432-5115 ALAN CAPUTO DANNY OYEWALE CATALOG?PRICE LISTING · ~ NANCY G LBERT SUBMI]-rED YES YES .... YES ANTI-KICKBACK AFFIDAVIT FORM SUBMITTED YES YES YES ~ONFIRMATION OF MINORITY FORM SUBMITTED/NOT A IS A CERTIFII~D~"YtlNO. R TY FORM SUBM TTED/NOT A OWNED BUSINESS MINORITY o-wEED BUSiNi~SS owNE~ I~U~INESS MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE ' WORKPLACE FORM SUBMITTED YES ?ES NO COMMENTS ~"~ATEOF FLORIDA NET PRICE , . .. .~ - LIST SUBMITTED ANNUAL CONTRACT FOR OFFICE SUPPLIES BID OPENING DATE: AUGUST 25, 1999 BID OPENING TIME: 2:30 P.M. BID # 085-1412-99/SP "Offers from the vendors listed herein are the only offers receive timely as of the above ?eceiving date and time. All other offers ~Ubmi~ted in response to this solicitation, if any, are hereby rejected as late" VENDORS SMITH OFFICE & COMPUTER SUPP. 'YLANDER'S HURRICANE OFFICE I US!, INC 1009 S. 21ST AVENUE 620 CLEMATIS STREET 98 FQRT PATH ROAD HOLLYWOOD, FL 33020 ~WEST PALM BEACH. FL 33401 ~IADISON, CT. O6443-2264 (800) 464-0874 (561 ) 833-7997 (800) 282;9890 BRUCE A. KAHN GEORGIA M.TYLANDER ' ALENA ARMELLINO PERCENTAGE DISCOUNT FOR CATALOG ITEMS 30% 35%* N/A (see letter) DAYS FOR DELIVERY 10-30 ..................... ~ .......................... ............... '1~ .................... PERCENTAGE DISCOUNT FOR - NON-CATALOG ITEMS 30% UP TO 76%* N/A · . .......... ......................................................... DAYS ......................................... FOR DELIVERY 10-30 : .......... 1 N/A VARIABLE DISCOUNTS LIST SUBMITTED (IF APPLICABLE) N/A YES* N/A EA~: . DISCOUNT % OFF IF PAID BY 0% 0% NOT INDICATED OF THE MONTH NUMBER OF BID PROPOSALS · SUBMITTED 1 1 1 SPECIFICATION "CHECK OFF SHEET SUBMITTED YES YES NO SUBSTITUTION POLICY SUBMITTED YES YES NO STOCKED/NON-STOCKED RETURN POLICY SUBMITTED YES YES NO ANNUAL CONTRACT FOR OFFICE SUPPLIES · fie, rs from the vendo[s listed here n.are he only offers BID OPENING DATE! AUGUST 25. 1999 ece~-t~m~'T~ as of {[~e above receiv Rg date and time BID OPENING TIME: 2:30 P.M. BID # 085-1412-99/SP AIl other offers subm tted in response ~to this solicitation, if any, are hereby re' " lected as late VENDORS MATRIX DATA MUSTAKIG COMP, U ~HS & SUPP. OFF CE DEPOT,. NC 21555 DRAKE ROAD 7130 W. McNAB ROAD 113794 N.W, 4TH STREET STE. 200 , CLEVELAND, OH 44136 TAMARAC, FL 33321 SUNR SE, FL 33325 (800) 456-3325 (954) 722-3231 ..... '(800) 8:15-7221 VI OGRINC LESLIE MELLOTT JULIA L. KATSCH CATALOG/PRICE LISTING SUBMITTED YES - YES ........... Y¢:S ANTI-KICKBACK AFFIDAVIT FORM SUBMITTED NO YES YES I F CONF RMAT ON OF MINORITY -, FORMSEIBMI H-1=9tNOT A '~ FORM SUB:M~ i 'I;Eu/NO:F"A .... ORM SUBMITTE~D/NOT A OWNED BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS M NORITY OWNED BUS NEsS CONFIRMATION OF DRUG-FREE ' ' WORKPLACE FORM SUBMITTED YES YES YES ~'SEE NOTAT ONS ~ ' '; COMMENTS ~ ~DDITIONAL COPIES OF BID ~S~E- ADDENDUM TO SPECS ~d't~lJp INFORMA~ ON .... ~iJ~MIiLI'ED ANNUAL CONTRACT FOR OFFICE SUPPLIES "Offers from the vendors listeC herein are the only offers BID OPENING DATE: AUGUST 25, 1999 receive timely as of the above receiving date and time. BID OPENING TIME: 2:30 P,M. All other' offers submitted in response to this solicitation, BID # 085-1412-99/SP if any, are hereby rejected as late" VENDORS SMITH OFFICE & COMPUTER SUPP. TYLANDER'S HURRICANE OFFICE USI, INC. 1009 S. 21ST AVENUE 620 CLEMATIS STREET 98 FORT PATH ROAD HOLLYWOOD, FL 33020 WEST PALM BEACH, FL 33401 MADISON, CT 06443-2264 800) 464-0874 (561) 833-7997 (800) 282-9890 BRUCE A. KAHN GEORGIA M.TYLANDER ALENA ARMELLINO CATALOG/PRICE LISTING SUBMITTED YES YES NO ANTI-KICKBACK AFFIDAVIT FORM SUBMITTED YES YES NO CONFIRMATION OF MINORITY FORM SUBMITTED/NOT A IS A C~-I"(I ~FIED.JVIINORITY OWNED BUSINESS MINORIT~Y OWNED BUSINESS OWNED BUSINESS NO CONFIRMATION OF DRUG-FREE WORKPLACE FORM SUBMITTED YES NO NO COMMENTS EXCLUSION LIST *SEE NOTATIONS BACKUP INFORMATION COPIES OF LICENSES Requested City Commission Meeting Dates [] July 18 2000 ] August I. 2000 [] August 15, 2000 ~ September 6, 2000 IV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.3 AGENDA ITEM REQUEST FORav Date Final Form Must be Turned ~n to City Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 . 5:00 p.m. Augtlst 2. 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m ~ Requested City Commission Meeting Date~ [] September 19. 2000 [] October 4, 2000 [] Octobar 17, 2000 [] November 8,2000 Date Final Form Must be Turned m to City Clerk's Office September 7, 2000 5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 6.m.) October t 8, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Adm/nislzative [] Development Plans [] Consent Agenda [] New Bus/ness [] Public Hearing [] Legal [] Bids [] Unfinished Bus/ness [] Announcement [] Presentation RECOMMENDATION: Motion to approve a dual award for the "ANNUAL CONTRACT FOR BACKFLOW PREVENTION DEVICE INSPECTION AND TESTING SERVICES", Bid #088- 2821-00/KR, to Dee Maria Plumbing, Inc. and Service America Network. Inc., for an estimated annual expenditure of $14,000.00. CONTRACT PERIOD: OCTOBER 5, 2000 TO OCTOBER 4, 2001 EXPLANATION: On August 30, 2000, Procurement Services opened three proposals for the above mentioned bid. All proposals were reviewed and it was determined that Dee Maria Plumbing, Inc. of West Palm Beach, Florida and Service America Network. Inc. of Delray Beach, Florida were the two lowest, most responsive, responsible bidders. Bid specifications indicated that 400 units would be tested; however, there are currently 600 units past due for inspections/testing and several more are anticipated during the next twelve month period. In order to bring the Backflow Prevention Device Inspection and Testing Program up to date, it was decided that a dual award would be the mos! efficient solution. Dee Maria Plumbing, Inc. has provided excellem service in the past. John Guidry, Director of Utilities and Pete Mazzella, Assistant to the Director concur with this recommendation (see attached Memo #00-210). PROGRAM IMPACT: The purpose of this bid is to secure the services of a certified cross-connection control technician to perform test(s) on backflow prevention devices. The successful vendor must be available to perform test(s) throughout the contract year. FISCAL IMPACT: BUDGET ACCOUNT # Other Professional Services 401-2821-536.31-90 ESTIMATED ANNUAL EXPENDITURES $14,000.00 S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Dcpartmear Name ,~ ~Ci~,.anager's Signature City Attorney/Finance / Human Resources cc: John Gindry, Ut/lit}es Director Pete Mazzella, Ass t to t.he Director Barb Conboy, Administrative Coordinator, Utilities File S:XBULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC MEMORANDUM UTILITIES DEPARTMENT NO. 00-210 TO: FROM: THRU: Bill A~,~,_Deputy Director of Financial Service P,eter~,V. Mazzella, Asst. to the Director John A. G~d~,ij)iiector of Utilities DATE: September 18. 2000 SUBJECT: Annual Contract for Backflow Prevention Device Inspection and Testing Bid no. 008-2821-00/KTR I have reviewed the subject bid proposals, and recommend the award to the two lowest bidders, namely: 1. Dee Maria Plumbing~ Inc., and 2. Service America Network, Inc. Our recormmendation for this dual award is based upon the number of units requiring testing,during the next year. Although the bid specification noted that 400 units would be tested, we currently have over 600 units past due, and expect several more to become due in the next 12 months. We are satisfied that both contractors have personnel with acceptable certifications to complete the testing, and we are therefore planning to use both firms as necessary to expedite the testing process. Funding for this activity is available in accoum no. 401-2821-536.31-90 (Other Professional SerVices), with an estimated expenditure of $14,000. Please schedule this award for Commission action at your earliest convenience. Attachment PVM Xc: Peter Mazzella Barb Conboy Skip Milor Karen Riseley, Purchasing File BIL~ ~KINS, DEPUTY DIRECTOR OF FINANCIAL SERVICES PETE MAZZELLA, ASS T TO THE UTILITI ~IRECTOR *LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDERS WHO MEET ALL SPECIFICATIONS ANNUAL CONTRACT FOR BACKFLOW PREVENTION DEVICE INSPECTION AND TESTING SERVICES .i iOffe~'S frOhh theVehd~rs sted here n are the only offers BID OPENING DATE: AUGUST 30, 2000 it~ve receiving date and time, ' in~espons~ D"~'/ "Jr-[;'~l~lll'~l~'l I livid:' ~-ou I".IW. ~ -;AII-ot~er 0~erssUb~ tted nrespons~ , this solicitation, BID~088-2821-00/KR ~ ;~i~a~;~r~ereb~¥~cteda~l~te. ~ ,~ VENDORS B[~P PLUMBIN~ ~OMPANY ~, ~O~E~AR~A PLUMBiN~ ' NC: ~ ,~VICE AMERICA NE~ORK, INC. ~.SE 2ND AVEN~E(P O BX 1803) 4601 GEORGIA AVENUE 2085 S. CONGRESS AVENUE DEL~Y BEACH, FL 33447 WEST:~ALM BEACH, FL 33405 DEL~Y BEACH, FL 33445 1-561-276-5666 - 1-561-833-7543 - ~-561-266-230~ A~N: JOHN PA~ A~N: JOSEPH DI MAR A A~N: ROBERT wALKER REDUCED PRESSURE ZONE UNIT UNIT COST *$58,00 $29.00 $30.00 DOUBLE CHECK VALVE ASSEMBLIES UNIT COST *$58,00 $29.00 $25.00 ADDITIONAL CHARGE, PER UNIT, FOR DOUBLE CHECK VALVE ASSEMBLIES LOCATED IN BOXES GROUND LEVEL UNIT PRICE *$87.00 $16.00 $10.00 qUMBER OF BID PROPOSALS SUBMI~ED ONE ONE ONE sPECIFICATION "CHECK-OFF ..... SHEETS SUBMI~ED YES YES YES T~INING INFORMATION SUBM~ I ~ ~u YES YES YES LIST OF REFERENCES SUBMI~ ~ Eu YES 'YES YES COPY OF SAFE~ POLICY SUBMI ~ ~ Eu YES ' NO YES ANNUAL CONTRACT FOR BACKFLOW PREVENTION DEVICE INSPECTION AND TESTING SERVICES "Offers from the vendom listed herein are the only offers BID OPENING DATE: AUGUST 30, 2000 reC~eived timely as of the above receiving date and time. BID OPEN NG TIME: 2:30 P.M. All ~)ther offers submitted in response to this solicitation, BID #088-2821-00/KR all)/, ~ .o ov~ ,~j ........... . K ~/ENDORS BISHOP PLUMBING COMPANY )EE MARIA PLUMBING, INC. SERVICE AMERICA NETWOR , INC. 166 SE 2ND AVENUE(P.O. BX 1803) 4601 GEORGIA AVENUE 2085 S, CONGRESS AVENUE )ELF{AY BEACH, FL 33447 WEST PALM BEACH, FL 33405 )ELRAY BEACH, FL 33445 1-56t -276-5666 1-561-833-7543 1-561-266-2301 ATTN: JOHN PALA ATTN: JOSEPH DI MARIA AI-~N: RoBERT WALKER ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED YES/NOT YES/NOT . INCOMPLETE- CONFIRMATION OF DRUG-FREE YES WORKPLACE SUBMITTED YES YES SAFETY PROGRAM COMPLIANCE FORM SUBMITTED YES YES YES COM, MENTS *PRICES ARE UP TO 2" LICENSES Ct::K/iFICATIONS ASSEMBLIES TESTS CERTIFICATE OF INSURANCE LICENSES SEE NOTATION CERTIFICATE OF INSURANCE Requested City Commission Meetina Dates [] Jul) 18,2000 [] AUgUSt I. 2000 [] August I5, 2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORivs Date Final Form Must be Turned in m City Clerk's Office July 6, 2000 (5:00 p.m.) July I9, 2000 (5:00p.m.I August 2, 2000 (5:00 p.rr~ ~ August 16, 2000 (5:00 p.m.) Requested City Commisgion Meeting Dates [] September 19. 2000 [] October 4, 2000 [] October I7, 2000 [] November 8. 2000 IV-CONSENT AGENDA ITEM B.4 Date Final Form Must be Turned in to City Clerk's Office September 7. 2000 (5:00 p.m.) September 20~ 2000 (5:00 p.m.) October 5. 2000 (5:00 p.m.} October 18, 2000 (5:00 p.m. NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to award "AINNUAL BID FOR DUMPSTER REPAIR", Bid #093-2510- 00/KR, to Edward Lamons of Boynton Beach, FL, in the amount of $35,000.00. CONTRACT PERIOD: OCTOBER 5, 2000 TO OCTOBER 4, 2001 EXPLANATION: On September 12; 2000, Procurement Services opened two proposals for the above mentioned bid. Both proposals were reviewed and it was determined that Edward Lamons of Boynton Beach. Florida is the lowest, most responsive, responsible bidder who meets all specifications. Chris Roberts, Interim Public Works Director and Larry Quinn, Solid Waste Manager concur with this award (see attached Memo #00-155). PROGRAM IMPACT: The purpose of this bid is to obtain a source to provide the Public Works/Sanitation Department with a cost effective and timely service for the repair of the City's dumpsters for the peirod of one (1) year. FISCAL IMPACT: ALTERNATIVES: BUDGET ACCOUNT # 431-2515-534-46.93 D~puty Director of Financial Services Procurement Servmes Deparrmem Name EST. ANNUAL EXPENDITURE $ 35,000.00 City Manager's Signature City Attorney Finance Human Resources cc: Chris Roberts, Interim Public Works Director Larry Quinn, Solid Waste Manager File S:~BULLETIN~ORMS~AOENDA ITEM KEQUEST FORM.DOC PUBLIC WORKS DEPARTMENT MEMORANDUM #00-155 .RECEIVED SEP 19 TO: VIA: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director Chris Roberts, Interim Public Work~ Director Larry Quinn, Solid Waste Manager S'~ember 18, 2000 .Annual Bid ~[. ~p~ter Repair [lid #093-2510-¢0/KR I have reviewed the attached bid tab sheets for the above noted bid. I recommend the award be given to Edward Lamons as the lowest responsible bidder. The account number is 431-2515-534-46.93 with a dollar amount of $35,000 effective October 1~ 2000. If you have any further questions, please contact me at Ext. 6200. LQ/p1 Attachment ANNUAL BID FOR DUMPSTER REPAIR BID OPENING DATE: SEPTEMBER 12, 2000 BID OPENING TIME: 2:30 P.M. BID #: 093-2510-00/KR ffers from the vendors hsted hem~n am the on y offers received timely as of the above receiving date and tittle; All bther offers subm[[ted in response to this solicitation, If any. are hereby rejected as late" VENDORS ' A 21ST"CENTORY WELDING' EDWARD LAMoNs ,, SERVICE, INC. 320 NE 13TH AVENUE NW 28TH STREET BAY 6 BoYNT~i BEA(~H ~'FL 33435 BOCA RATON, FL 33431-6637 (561) 752..4292 ' ' (561) 368-3444 ......... A~TTN: tNED CECCHINI ATTN: 'EDWARD LAMoNs SPECIFICATION "CHECK-OFF" SHEETS SUBMITTED NO - YES CUSTOMER LIST SUBMITTED ANTI-KICKBACK AFFIDAVIT NO NO SUBMITTED NO YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NO YES/YES NOT CERTIFIED CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED NO YES/YES COMMENTS NOT SUBMITTED ON OUR FORMS, INCOMPLETE PROPOSAL I BILL A~iINS, DEPUTY DIRECTOR OF FINANCIAL SERVICES L~R~-Q~iNN, soLiD WASTE~AGER ' **LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER WHO MEETS ALL SPECIFICATIONS ANNUAL BID FOR DUMPSTER REPAIR "Qffers f~omthevendors listed herein are the only offers BID OPENING DATE: SEPTEMBER 12, 2000 r~ei{/edtimelyasbfthe abovereceivirl~ date and time. BID OPENING TIME: 2:30 P.M. AIIot;Ser~offerssubrniffedinresponsetothissolicitati°n. BID #: 093-2510-00/KR ............. if'~i~/;'ate' h~rebyteje~t~d'~'l~ite .......... VENDORS '~A 21ST CENTURY WELDING EDWARD LAMONS SERVICE, INC. 20 NE 13TH AVENUE NW 28TH STREET BAY 6 E~OYNTON BEACH, FL 33435 BOCA RATON, FL 33431-6637 561) 752:4292 (561) 368-3444 , .. ~,']-rN.: NED CECCHINI ATTN: EDWARD LAMONS 2 CUBIC YARD $240.00 $~20.00 3 CUBIC YARD $300.00 - $280300 4 CUBIC YARD $350.00 $~325.00 6 'CUBIC YAR' $380.00 _$~5~0.00 . , 8 CUBIC YARD ' I ~ $450.00 $410.00 ADDITIONAL WORK (PER HOUR) 2 CUBIC YARD ............... NO,~BP ~.: r ...... $220.00 r 3 CUBIC YARD .......... .~_~- .: r':~-::':": ........ ~.O, BID ,, ,- , ,,.: $280.00 4 CUBIC YARD ............ N.C)_ BID , $_3~5r.00 · 6 CUBIC YARD ......... "- '~ -*"~' 8 CUBIC YARD NO BID ADDITIONAL WORK (PER HOUR) ' NO BID $45.00 Requested CiW Corn~nissmn Meeting Dates [] Suly 18. 2000 [] Augugt 1, 2000 [] August I5, 2000 [] September 6. 2000 TV-CONSENT AGENDA 'rTEM B.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m.) Juty 19, 2000 (5:00 p.m3 August 2, 2000 (5:00 p.m August 16. 2000 5:00 p.m.) Requested City Commission Meeting Dates [] September 19. 2000 [] October 4. 2000 [] October 17,2000 [] November 8, 2000 Date Final Form Must be Turned iu to Cit~ Clerk's Office September 7, 2000 5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.j October t8, 2000 (5:00 ~.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Publ/c Hearing [] Legal [~ Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: A Motion to award the bid for: "ANS~UAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID#089-2811-00/CJI) to: J.C.I. JONES CHEMICALS. INC. of Ft. Lauderdale, Florida for an annual expenditure of: $173.250.00. CONTRACT PERIOD: OCTOBER 5, 2000 TO OCTOBER 4. 2001 EXPLANATION: On August 24, 2000, Procurement Services received and opened four (4) .bids for the 'ANNUAI_ SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)". After review of the four (4) proposals, it has been determined that J.C.I. Jones Chemicals, Inc. is the lowes~ most responsible, responsive bidder who meeets all specificafions. John Guidry, Utilities Director concurs with this recommendafion (see attached memo # 00-197). PROGRAM IMPACT: The purpose of this bid is to secure prices for a period of one (1) year for the purchase of Sodium Hydroxide per pound. FISCAL IMI'ACT: Funds are available in the following account: Descripfion: Account#: Budeet Amount: Process Chemicals 401-2811-536-52-35 $173,250.010 Deputy Director of Financial Services ' C~ Manager's Signature Procurement Services Department City Attorney / Finance Human Resources C: Bob Kenyon - Utilities Deparmaent Barb Conboy - Procurement Specialist File S BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC UTILITIES DEPARTMENT MEMORANDUM NO. 00-197 TO: FROM: Bill Atkin~, Deputy Director of Finance John Guidry, Director of Utilities SEP 8 2000 PURCHASING DEPT. DATE: September 7, 2000 SUBJECT: lhaXchase of Sodium Hydroxide · A~enda Item The West Water Treatmem Plant uses fifty percent (50%) rayon grade sodium hydroxide to rinse the pH to prevei~is~aling in the pipelines and to neutralize hydrogen sulfide in the off-gas scrubber. The eU~ent bid with 12I.C.I. Industrial Chemicals will expire soon. Bid number 089-2811-001CJD was sent out with the bid opening on August 24, 2000 at 2:30 p.m. There were:~our (4) chemical compardes that submitted bids; Apperson Chemical, H.C.I. Industrial Chemi~s, J.C.I. Jones Chemical, and P.B & S. Chemical. J.C.I. Jones chemical had th~ lowest bid of $3,465.00 per full truckload, compared to $3,735.00 ofP.B &S. chemical, $3,948.00 of H.C.I. Industrial, and $4,140.00 of Apperson Chemical. We recommend awarding the bid to J.C.I. Jones Chemical. We anticipate using 50 truckloads of rayon grade sodium hydroxide during the next twelve (12) months. Please Place this i~tem on the next City Commission agenda to approve the new sodium hydroxide bid With J.C.I. Jones chemical for $173,250.00. These funds are available in account number 401-2811 ¢536-52-35. If you have any questions, please contact Bob Kenyon at extension 6402 or Dave Ailstock at extension 6453. Attachments /gmb Bc: Dave Ailstock Xc: Bob Kanyon.~t-~ Barbara Conboy April Lamons File LOWEST,~MOf '~RESPONSIBLE, RESPONSIVE BIDDER WHO MEETS ALL SPE BII~ATK~'DEPUTY DIRECTOR OF FINANCIAL SERVICES }CATIONS ~P~TY DIRECTOr{ ~ U~LITIES ROBERT L. KENYON ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) "Offers from the vendors listed herein are the only offers BI D OPENING DATE: AUGUST 24, 2000 received timely as of the above receiving date and time. BID OPENING TIME: 2:30 P.M. All 'VEND~ORS ........... ~P~ERsoN CH~MiCALsINC.' HCi ' JCl JONES'CHEM[OALS, I~c. -'1 155 ELLIS RD. SOUTH 8700 N W. 36TH AVENUE 1800 N~w. 22ND STREET , JACKSONVILLE, FL 32203 MIAMI, FL 33147 =~. LAUDERDALE, FL 33311 INDIA C HAASS JANE E. ZINC ~VILL AM BROWNLIE 1-800-950-4491 (305) 835-7333 ~88-293-8321 UNIT PRICE PER POUND *. 1725/$345.00/DRY TON .1645 DRY WGT ,077/LB. ~ANNOT GUARANTEE PR CES CERTIFICATE OF COMPLIANCE / YES YES YES ANALYSIS SUBMITTED MSDS SUBMITTED YES YES ~ · YES SHIPPING & HANDLING SAFETY YES NO YES PROCEDURES SUBMITTED · CALENDAR DAYS 3 DAYS 2 DAyS 2-3 DAYS NUMBER OF BID PROPOSAL 1 1 1 PRICES SUBMITTED I SPECIFICATION"CHECK-OFF" I ' YES ' ~Es ' i / YES SHEETS SUBMITTED ' I ' I ANTI-KICKBACK AFFIDAVIT FORM YES ~ YES SUBMLTTED ....... ,YES ~ ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)~- .......... BID OPENING TIME: 2:30 P.M ID NO,~089-2811~00/CJD '~v~;~~ 155 ELL S RD. SOUTH 8~00 N.W 36TH AVENUE - ~0~W~ 22ND S~REET ...... JACKSONVILLE, FL 32203 M AMi, FL 33147 INDIA C. HMSS JANE E Z ~O ~, ' ~ILLIAM BROWN~iE OWNED BUSINESS SUBMI~ED YES/NOT YES/NOT Y~S/NOT CONF RMAT ON OF DRUG-FREE WORKP~CE SUBMI~ED YES YES YES ~OMMENTS ESCA~TOR C~USE ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) fiefs from the vendors listed herein are the only offers BID OPENING DATE: AUGUST 24, 2000 received timely as of the above receiving date and t me. BID OPENING TIME: 2:30 P.M, AIl*~tfi~i~ 0ffer~ submitted in re~ i0h~e to this solicitation, BID NO.# 089-2811-00/CJD . ~n¥, are nere~)¥ rejected as late." VENDORS PB & S CHEMICAL 3840 EXECUTIVE WAY MIRAMAR, FL 33025 TOD WALLACE ~00-727-7020 UNIT PRICE PER POUND .083/WET LB CERTIFICATE OF coMpLIANCE/ YES ANALYS S SUBMITTED MSDS SUBMITTED YES SHIPPING & HANDLING SAFETY YES ,PROCEDURES SUBMITTED CALENDAR DAYS 2-3 DAYS NUMBER OF BID PROPOSAL PRICES SUBMITTED 1 SPECIFICATION "CHECK OFF" YES · SHEETS SUBMITTED . ANNUAl SUP~ PLY OF SO[31UM H~D. ROX!~E ~LIQL!!D CA~IC ~.~)~, ............... ~ .............. ~ ................ ;'~rs fr0~ ~he re,dom listed here n are the Qnly offers BID OPENING DATE: AUGUST 24, 2000 ~r~eiv~ t m~ Y a~f]be above ~e~ivjng date and time. BID OPENING TIME: 2:30 P.M. :~ ~{~;r:0~ sub~i~ed ~ re~)~nse to this solic tat on, ._; [a~ mmby rej~ cted as la, e." BID NO.# 089-2811-00/CJU VENDORS PB & S CHEMICAL . 3840 EXECUTIVE WAY MIRAMAR, FL 33025 TOD WALLACE 800-727-7020 ANTI-KiCK BACK AFFIDAVIT YES CONFIRMATION OF MINORITY YES/NOT OWNED BUSINESS CONFIMRATION OF DRUG-FREE YES WORKPLACE SUBMITTED COMMENTS ' BIDDER ACKNOWLEDGEMENT Submit Bids To: Mailing Date (City): PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 -:BoyntonBeack, Florida 33425-0310 Telephone: (561) 742-6323 JULY 28, 2000 Name of Vendor: Federal I.D. Number: A Corporation of the State of: (LIQUID CAUSTIC SODA) Bid Number: #089.,2811-00/CJD Bid Received By: AUGUST' 24, 2000, NO LATER THAN 2:30 P.M. (LOCAL TIME) l~ids .will.be.o,pe,ne~d in Procurement Services unless specified othevadse. ,B..i.d receiving date and me rs scneamea mr:AUGUST 24, 2000,.no :later than 2:30 P.M. (loea! time) and n~ay not be withdrawn within n/neW (90) day~ ~ttbr such date and time. All awards made as a result Of this bid shall conform to applicable sections of the charter and codes of the City. JCI 3ONES CHEMICALS, INC. 16-0809645 FLORIDA Telephone Number: 293-8321 1800 N.W. 22ND STREET FORT LAUDERDALE, FLORIDA 33311 Area Code: 888 Mailing Address: City/State/Zip: Vendor Mailing Date: Authorized Signature WILLIAM BROWNLIE Name Typed · rills PAGE TO BE SUBMti-[ED ALONG WiIH PROPOSAL 16 PROPOSAL BLANK BID PROPOSAL TO THE CITY,OF- BO. YNTON BEACH, FLORIDA To All Bidders: Date: AUGUST~ 11,2000 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its prowsions and with the quality, type and grade ofproduet called for. and/& ~:0~l~n'ifeiii(~) ~ ~d be'~a~ted ~nd c~nsid~ Attach~ a: ~arate.:proposal, sheet ~or each. ~ ,- :; ' ~' The undersigned proposes to deliver the product in accoLdancev~th the specifications for the sum off $ ALL PRICES .F.O,B. BOYNTON BEACH Anticipated Annual Volume is 1,397,220 pounds per year. Certificate of Compliance/analysis submitted? YES Product Brand:Sodium Hydroxide - Rayon C_nmte - Caustic Soda, Liquid MSDS submitted? YES Copies of the manufacturer's shipping and handling safety procedures submitted? Unit Price per pound shall be firm through the Contract Period. It is farther agreed that the product will be delivered within 2-3 calendar days from the date of the Purchase Order from the City. Number of Bid Proposal prices submitted? Specification "check-off' sheets (Pages 3-4) submitted? JCI JONES Ci'{EMIGALS, INC. COMPANY NA/VlB yes SIGNATURE WILLIAM BROWNLI E PRINTED NAME ( 888 ). 293-8321 TELEPHONE NUMBER ~NAGER TITLE THIS PAGE TO BE SUBMITTED I~ ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 15 SPECIFICATIONS FOR Annual Suonlv of Sodium }tvdroxide (Liauid Caustic Soda) SCOPE OF BID: The City of Boynton per pound for the Water Treatment Plaw seeking a firm price used at the West Florida. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (altem_a~,V_es); bidd,,er must explain using ~ separate sheet of paper. Bidder must submit specifications :eh~c?~off: shee~s (P~ges3,4) mw/th ~e proposal sheet in order for a bid to he X 1. Acceptable Standard: Rayon Grade ~- Sodium Hydroxide x 2. Sodium Hydroxide will be shipped as liquid caustic soda. x 3. Delivery will be a twenty (20) ton minimum load (3,135 gallons). x 4. Total Anticipated Annual Volume (not guaranteed) is 1,397,220 lbs (109,500 gallons). x 5. The bidder must submit a certificate of compliance and a certificate analysis, as to the composition of the product with the bid. x 6. The successful bidder's shipper is responsible for matching our receiving tank equipment with their tank discharge system. x 7. The successful bidder must supply M.S.D.S. (Material Safety Data Sheets) on the product and conduct a one (1) hour safety seminar on site for staff who will handle this material. x 8. The successful bidder will provide a representative to visit the plant a minimum of two (2) times per year to coordinate shipping, safety, unloading and to inspect the results of product on the feed system. x 9. Coordinate all deliveries between the business hours of 7:00 a.m. and 4:00 p.m., Monday through Friday with the exception of holidays. THIS PAGE TO BE SUBMIT'lED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE X 10. X X 12. BID SPECIFICATIONS CONTINUED ....................... .... The City's laboratory will randomly sample, product delivery and if material does n~i¢?heet S~ecitlbat~, ~e: pfoduct::witl be ~rejected' axial may be-returned to manufacturer, at no cost to the City of Boynton Beach. manufacturer's - shipping and ~ ' ' 'd ~C tie So Li Uid) Rayon Grade- Speeifications wilt be Sadi~um H~5~0~ ~,,.~ da~ q · su~/i~ as ind~e~ted!bel0v~: . SODIUM HYDROXIDE (AS NaOH) SODIUM OXIDE (Na20) SODIUM CARBONATE (Na2CO~) SODIUM CHLORIDE (NaC1) SODIUM SULFATE (Na2SO ) IRON (Fe) MERCURY (Hg) RAYON GRADE 49.0- 51.0% BY WT. 38.0 - 39.5% BY WT. 0.02% (M.a~.) 0.0o4% ¢dAX.) 0.01% (MAX0 4.0 P?M 0.5 rrm REFERENCE LCP TEST METHODS ACS 1.I7 ACS 1.17 ACS 1.15 CCS 1.15 SCS 5.01 ICS 2.06 MCS 3.07 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH SS I, the undersigned.hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach :a~ a commission, kickback, reward of gift, dkectly or indirectly by me or any member of my fn'm Or by an officer of the corporation. NAM~ - SIGNATUR.F, Sworn and subscribed before me this llth day of AUGUST , 20 00 Printed Information: ~fOTARY PUBLIC, State of/t~da/ at Large WILLI~ BROWNLIE NAME FLANAGER IffLE JCI JONES CHEMICALS, INC. COMPANY "OFFICIAL NOTARY SEAL" STAMP rills PAGE TO BE SUBMITTED ALONG WITH PROPOSAL I~ ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 CONFIRMATION OF MINORITY OWNED BUSINESS ~- ~. A requested form to be made a part of our tiles for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) ASIAN - ( ) BLACK ( ) H S?AmC ( ) WOMEN ( ) OTHER WE _~dlE NOT A CERTIFIED MINORITY OWNED BUSINESS (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO x If YES, name the Organization f~om which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG V~,ittt PROPOSAL 17 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TiE BIDS Preference shall be given ~o businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual service~ a bid received from a busmeas that certifies that it has implemented a drag- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drag-free workplace program, abusiness shall: 1) Publish a statement notifying emt~Oyees ,.that the m31. awful manufacture, distribution, diSpe~ing, ipossession, or use of a controlled substance is prohibited iff the workplace and spe~if3/ing ~e actions that will be taken against employees for violations of such prohibition. 2) Inform employees about.the dangers of drug abuse in the workplace, the bu. siness's policy of maintaining a drag-free Workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employe~s for drug abuse violations. 3) Give each employee engaged in prov.,i&ag the commodities or contractual services that are under bid a copy of the statement ape6ffied in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under hid,. the employee will abide by the terms of the statement and witlll notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any conlmlled substance law of the United States or any,state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG YVilli PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 CERTIFICATE OF COMPLIANCE MEETS ALL O.S?H.A., REQutR~k~MENTS?~ALL EMplOyeES S.HAL~L COMPLY WITH AL. DATED: AUGUST 14, 2000 WILLIAM BROWNLIE MANAGER t800 NW 22nd Street. LO. Box 6067 · Ft. Lauderdale. Ftorida 33310 · ~elephone: 954.484.3035 · facsimile: 954.491.1474 Corporate Of~ces · Sarasota. ~ · Branch LocaI~ora · London UK o Warwick, NY ° Caledonia. NY ' Barberton. OH · Rivervlew. MI · Mernmack. NH Charlotte, NC · Jac~onvme FL · Beech Grove IN · Milford VA · Tacoma. WA · Torrance. CA * ~ ptras. CA 'Data Center a~~moCr ~ Produc~s Division ~ff ~S¢05~Y 954-491-1474 Ship-=o Customer No.: 90000696 JONES CHEMICALS INC; Fort Lauderdal 1800 NORTHWEST 2/ND FORT LAUDBP~DA~E FL 33311 08/07/ 00 10:54 1 of 1 Data Censer Quality Certifies:e/Shipping Info Date Printed 08/07]2000 Page Ship Date 08/07/2000' I Customer Purchase Order 41-87509 ThirdPartyPurchase Order Olin Delivery Note No. 20410615 Olin Sales Order 10380841 ~aterial No.~Description: Olin / Your reference 05016 Caustic 50% Radon Grade / Bill Quantity Gross weight: Net weigh~':' Seal No.. 51.520 DT 261,900LBr Route/Carrier: 101089]NORFOLK SOUTHERN 20~,500 LB ' Mode. Railca= Vehicle No.: GATX058262 Olin Chlor Alkali Plan:s are ISO 9002 Certified under QSR100, 110, 125 or 170. Inspection lot 366566 Inspection plan S_RAY162 CPR034 Characteristic Unit Value ~Limit Upper Limit NaOE wt% 50.41 50.00 51.50 Na20 wt% 39.06 38.75 39.91 Fa, typical wt% < 0.00020 0.00020 NEC1, typical wt% < 0.0030 0.0030 Na2CO3, ~lcal wt% < 0.06 0.06 *** End *** The above analysis ia car=iliad to comply with Olin]Customer specifications (exoeption~ are noted above). E~%~RY WADE o Olin Corporation If your speoiflcationa have changed or if you received this document in error, please cell 1-850-298-6545. III. A. PR III 1 STANDARD OPERATING~PROCEDURE [SOP) FOR PRODUCT FILLING AND T~SFER (REFER TO DWGo ~1, %2, 93, 1. PREPARATION a. Review MSDS ~pr b. Check %4) wea= required~ perso~a~-protective equipment. (See page Use only dedicated filling hoses. Check hoses and connections for integrity. (1) Kinks or flat sections may indicate damage (2) Check hose ends for leaks, bad threads worn or missing gaskets. Verify that the bulk storage tank(s) and filling valve contain same product as tankcar or railcar. Also verify that the bulk storage tank(s) has adequate capacity to hold the amount transfered. HOSE CONNECTION AND PRODUCT TRANSFER PRESSURE) (Refer to DWG. %1 and 93) (AIR a. The air supply must be regulated to NOT EXCEED 30 PSI. Air p~essure that exceeds 40 psi. may: (1) fracture rupture disc (2) damage tank (3) rupture hoses (4) cause personal injury b. The air supply line must have a check valve to prevent damage to air equipment. Ce PR III 2 The transfer hose must have a working pressure equal to or above the pressure to be used. d. Connect transfer hose to tankcar or railcar. e. Connect transfer hose to main supply valve on bul~ ~torage tank. Open and storage unl T/c.leaks at he i. C~eok :! .... for and j. Never to ~r or tankcar and correct any leaks. operation unattended. tank b. Close the unloading valve on T/C or T/T. c. Close main supply valve on bulk storage tank. d. a~n_~}]~d ~alve.on t~ansfer hose and draw · ~ =~slluua~ proauCt into container or sump for proper handling and disposal. Close bleed valve. carefully disconnect T/T. transfer hose at TiC or g- Carefully disconnect transfer hose at main supply ~%Ive on bulk storage tank and drain any residual material into sump or container for proper handling and disposal. h. Cap valves on storage tank and T/C or T/T. i. Place transfer hose on storage rack. J. Carefully bleed air pressure from T/C or T/T into app=oved scrubber. HOSE CONNECTION AND (Refer to DWG. %2 and a. Repeat steps la-lf& b. g. h. io The fro= col] PR III PRODUCT TR~%NSFER (PUMP) r rI on hose) from T/C or ed to prevent it bede' ~o pump and to T/C or ~ supported so as ~alves, pumps on T/C or T/T to g. or T/T. tank. jo k. SHUT DOWN A/~D DISCONNECT (pUMP). a. b. c. d. Open supply valve ol C~eck,for and correct any leaks. Recheck hose~connection to ensure connection to desired p=oduct pump. s,tart pump and check for and correct any leaks. Never leave filling operation unattended. Turn off the pump. Close unloading valves on T/C or T/T. Close maim supply valve on bulk storage tank. Open bleed valve on transfer hose and drain any residual product into.container or sump for proper handling and d~sposal. Close bleed valve. Carefully disconnect transfer hose at T/T. T/C and PR III disconnect transfer hose at pump nY'residua} P~oduct into con%aider or sump for proper disposal. Cap valves on T/C or T/T and bulk storage tank. Rinse the pump. Place transfer~hos~· on Storage rack. .... Olin CHLOR ALKALI PRODUCTS OCEAN NETWO~K EMERGENCY PHONE 1-888-2891-911 THIS MATERIAL SAFETY DATA SHEET (MSDS) HAS BEEN PREPARED IN COMPLIANCE WITH THE FEDE_P~AL OSF~A HAZARD COMi~UNiCATIO~ STAAIDARD, 29 qF~ ~9~.i~.~%;.THiS PRODUCT FIAy BE CONSIDERED TO BE Ap ~A~ARDQ~S~ ,CH, E~IC~L~ UNDER T~?-~T/~D~' ~iREFER TO THE OSHA CLASSIFICATION IN S~fi I. ~HIS iN~O,~/~ATION IS REQUIRED TO BE DISCLOSED FOR SAFETY IN THE WORKPLACE. THE EXPOSGRE TO THE COMMUNITY, IF kNY, IS QUI~E DIFFEt{ENT. I - PRODUCT IDENTIFICATION Product Name: Ca~.s~ic Soda, Caustic, Alkali Lye, Causzi: Lye Alkali, Base NaOH Neutralizing agent, sodium source ........ S~non!rms: _.~hg~i_c_a~_Family: Formula: Use DescriDtion: Ha~grd Cla~.~ficanlon: Revision No.: Revision Date: P~g~ Code: Fii~ No.: Corrosive, eye and skin hazard, lung toxin 5/i~ 99 105016. 1050~7, 105018, 105187, 105188, 105365 MSDS0200 II - COMPONENT DATA Product Composition CAS or Chemical Name: _ .CAS Number: Percentage Range: Sodium hydroxide 1310-73-2 ~5-50% Hazardous Per 29 CFR 1910.1200: Yes Exposure Standards: ppm. . mg~.M3 ppm mg/M3 T~%: ....... N/A ........ 2-- .__ N/A ..... $o~e CEI~.INp: ....... N/_A_ .... ~gne ..... _N/A ..... ~ ...... ___~TEL: ........ ~fA_ .__Non__e .... N/A_._ None - Federal OSHA PEL. An Agreement State OSHA PEL may be different. 2AS or Chemical Name: Water CAS Number: 7732-18-5 Percenuage Range: 45-55% Hazardous Per 29 CFR !910.1200: No Exposure Standards: None established. 1 of 9 Olin CHLOR ALKAI PRODUCTS III - pRECAUTIONS-FOR -~AFE ~LING AND STORAGE DO NO~ TAKE INTERNA~LY.~VOID CONTACT WITH SKIN - WITH SKIN OR ~YES~' W~SH OFT Wimp w~ ~ , EyES AND CLOTHING' UPON C T~ ' --~-~ ~-~--~''&VOID~BREATaING VAPOR OR M~ST. STORAGE CONDITIONS: ~D.O NOT STORE AT TEMPERATURES ABOVE: %30~ C PRODUCT STAbILITy AND CO~AT!BILITY: SHELF LIFE LIMITATIONS: ~-~efinite if in closed montalner_ INCOMPATIBLE MATERIAL~R . PACKAGING: Aluminum, z~nc, tin, wooo, paper INCOMPATIBLE MATERiA~ STORAGE OR-TRANSPORT: --, n~rogen containing Or~rous, explosives, organic peroxides, aluminum, -- ha~ogenate~h~rocarbons zinc, uln, IV - PHXSICAL DATA A___ppearanc~.. Freezzng Poin-~-: ..... o __ ity. Not A licab - P8 $ 25° C:_ 13 (0.5% Solution) VaDor Pressure @ o . h~ ..... : .... ' - 25 C. Approximately equal co wa=e-~------ Evaporation Rate No Oata MolecularWei( Odor: _ Coeffisien~ of Oil/Water No Date Distribution: V -- PERSONAL PROTECTIVE EQUIPMENT i~EQUIREMENTS Personal Protection ~or Routine Use of Product: Respiratory Prote~ z nerated and are no~ GQntrolled below the TLV with ventilation wear a NIOSH -- -- l approved dust./mis~ respirator. Ventilau~on: Use Local exhaus~ ventilation to maintain levels ~o -- below th~ TLV. Skin and Eye Protection: Wear gloves, boots, face~ with chemic~ apron or impermeable sui= =o ~void skin and eye 2 of 9 = -- Olin CHLOR ALKALI PRODUCTS Other: Emergency eye wash and safety showers muse be~ma.de available in the immediate work ekes.~ ' Equipment Specifications ~his'i~iudes: gloves. : :s. BOOT ~YPB: Neoprene apron pro=ec~lve suit. APRON ~YPE: Neoprene ~ PROTECTIVE SUIT Neoprene VI -- FIRE AND EXPLOSION HAZARD INFOP/4ATION~-~, Fl=~ility Data: Explo~ive: Flammable: No Combustible: NC P~rophoric: No Flash .Point: ! No~ Ap~iicable Autoignlulon Temperazure: ] Not Applicable Flammable Limits at Normal i Nou AppLicable Atmospheri~ Temperature and Pressure Percent Volume in Air): NFPA Ratings: Health: 3 Flammability: 3 Reactivity: ~ t ~IS Ratings: Health:'3 Flammability Reactivity: Extinguishing Media: Not Applicable - Choose exsinguishing media suitable for surrounding materials. Fire Fighting Techniques and Comments: Use water uo cool containers exposed =o fire. Contact wl~h reactive metals, e.g., aluminum may result in 5he generation of flammable hydrogen gas. See Section XI for protective equipmenu for fire fighting. Sodium Hydroxide may reac~ with wauer. (See Secsion 7). On small fires, use dry chemical, carbon dioxide, wa~er spray, or foam. On large fires, use water-flooding quantities as a fog. VII - REACTMTX INFORMATION Conditions Under Which. This Product May Be Unstable: Temperatures Above: ~ None 3 of 9 CHLOR ALKALI PRODUCTS Mechanical Shock or Impact: No S~m~ry of Reactivity: Electrical (Stati?) Dis : -- · Inco~patibie Materials: Acid~, ni~r~e~ ~o~t~in~g' or~ani~s, e~osi~es, -- carbohydrates, phosphorous, organic peroxides, .._ I halogenated hydrocarbons ~ produce hydrogen gas VIII - FIRST AID Immediauely flush with large am--~un~s ~ °f w~5 m~nutes, occasionally - _lifting the upper and lower e~elids. See__k medical attend!on a= once. Skin Immediately flush with wa=er for ~ teas= 15 minu~es. See~ clothing, shoes and/or jewelry come 1n conEac~ with the product, they should be remo_ved immediately and laundered befor%re-use. l~ge~tion -- -- Immedia=ely drink large-----quantities of waser. DO NOT induce vomiting. Seek medical ~ttention at once. DO NOT give anything by mouth if the person is unconscious or if '~convulsio_ns. Ir~halation -- lmmediaEely and move ~o fresh air until these symptoms disappear. If breathing is difficult, adminis=er oxygen, keep the person warm and at rest. Seek medical a~ention. In the even~ that an individual inhales enough vapors =o lose attention immediately. If brea~hing has s~opped, artifi ~' ~lai respiration should be given lmmediately. In all cases, ensure adequate ventilation and provide ~ respiratory_ protectio9 before the person re~urns ~o work. 4 of 9 Olin CHLOR ALKALI PRODUCTS IX - TOXICOLOGY AND HEALTH INFORMATION Routes of Absorption Lnha~a~ion, sk&hi~ ~ey~,con~autT,inges~10n Warning · TRACT AND RESPIRATORY TRACT ...... 0~6r'Thr~shotd: Immediately Dangerou~~ Signs, symRtoms and~Ef~ec~sTofEz-posure Inhalation Acute: ~o da[a. Inhalation o[ this materiai is ~rritating 5o the nose, mouth, throa5 and lungs. It mgy also zause burns Ko the respiratory nrac=, which can result mn shorrness of bmeath, wheezing, choking, chest pain, and impamrmen~ of lung f~nculon. Inhalation of high concentrations can result in permanen~ lung damage. Chronic: Chronic reDeaEe~ inhala5ion exposure may cause lmpazrmen~ of lung function ahd perm~h0nt iung damage. Skin Acute: Dermal exposure can cause severe irritation and/or burns characterized by ~ redness~ swelling and scab formation. Prolonged skin exposure may cause permanenK damage. Chronic: EffeCts frcm chronic skin exposure would be similar ~o those from slngie exposure excep~ for effects secondary 5o tissue destruction. Eye Severe irritation and/or burns can occur following eye .exposure~ Direct connac= may cause zmpazrmen= of visLon and corneal damage. Acute: Irritation and/or burns can occur ~o the entire ~as~rointestinal ~racs, including the s~omach and inSestines, characterized by nausea, vomiting, diarrhes, abdominal paln, and bleeding and/or tissue ~lcera=lon. Ingestion causes s~vere damage ~o the gassro~nses~inal =fac= with the potential =o cause perforation, Chronic: ?here are no known or reported effects from chronic expesure.. Chronic ingestion of significant amounts of this product is unlikely because of its acute ccrros~ve action. 5 of 9 PRO UCTS Medical Conditions Aggravated b~ Exposure Interactions with Other ~hem~cals Which Enhance Toxicity ~chem~cals know~ [ Anlm~ Toxicology Acuue Toxicity InhalaTion LC 50: ~-~a Oral LD 50: Believed To be 300- 500 mg/kg. (rail; harmful if swallowed Dermal LD 50: Believed no be > 2 g/kg. (rabbit) Irritation: Causes burns no eyes and skin. ---__ Acute Target Organ Toxicity This products~u~~ls ~orroslve to all ti irritation Chronic Target Orga~ Toxicity ~he~e are no known~_ Reproductiv~ and Developmental Toxicl=y There are no kn---------------~wn or~ development from expgsure al To this produc~. Carcinogenicity This product ~s nou known or r . ~ by any reference source including ~ARC, OSHA, NTP, or EPA. Ingestion ~f massive doses of sodium hydroxide has led To the development of =umors of the esophagus. The relevance of these findings zo cancer ~s unknown due To repea~ed tissue destruction and scar formation as a result of the corrosive nature of sodium nydro_ ~ide. Mutagenicity Sodium hydroxide has been ~ested and was found To be non-mu=agenic in the Ames assay, a bacterial DNA-repair tes= and in the Syrian hamster embryo (SA7/SHE) cell _transformation assay. Aquaulc Toxicity Caustic soda is not lethal no fully developed fish in na=ural fresh waters u---~----~tii the pH becomes grea=er than 9,0: Lethal pH for Goldfish: 10.9 Lethal pH for Bluegill sunfish: 10.5 Gambusia affinis (mosquito fish), 96 hr. LCS0:125 mg/1 __Blueg~ill, 48 hr. LCd0: 99 mg/1 6 of 9 CHLOR A LI PRODUCTS' X -- TRANSPORTATION INFOBMATION THIS MATERIAL IS REGULATED AS A DOT HAZARDOUS ~ATERIAL. XI - Hazardou~'~hbe~t~ion~ in air may be found in local spill area'in the form of a mist w~ich may Ca~se s~in irritation and breathing problems Stop source of ~pill as soon ~?p~ss~b~ej,,~f,,sa~ to dm so. · ':~ ~ii~ ~orma~ly ~e f~und in a mist for~ ~nd evacuaUion from the mls~ ~ mS the only advisable approach. Correction of the source of importance. Dglavisr~tha~ and fs~ sblubl~ in Wa=er. This , ecu 5o emutsifita=mon and mus~ De removed via a er neutralized and absorbed as necessary, with ciat absorbents, which are available~ Notify ail c,oper~tion of this herwise motified. area as soon as enough =o neutrali=ation materials. To e ~he excavated s~rfa¢~ with a )a and begin neutralization or pu~ping, Spill Residues: i Dispose of pe~ gdidelines under Section 12, WASTE DISPOS~kLo This material may be neutralized for disposal; you are requested 5o con=ac= OCEAN I ar 888-2591-911 before beginning any such operation. Personal Pro=ection for,Emergency Split and,Firefighting Situations: In case of fire use normal fire fighting equipmen= (including,self-'contained breathing appara=us: SCBA). iA hazardous physical characteristic of this product is: corrosive 7 of 9 CHLOR,ALKALI P, RODUCTS XII = WASTE DISPOSAL If this product becom~-s a ~, i~ ~ee=s the ck£te~a o defined under 40 CFR 261and wbuld ~-J' ~- - i' f a hazardous w -- aste as D002. ' ' u~ve une ~tlowi'mg EPA hazardous Waste number: If this product becomes a wasue,, it-will be a hazardous waste$ which is subject to the Land Disposal Restrictions; U~der4~, CFR 268 ahd~ust be manage~ accordingly. As a hazardous li=uid., was=e,, it must be disposed of i~ accordance with iocal ~o~usax racllity by treatment ...... =ue ~rea~ment, storage and, · ~±~th HAS T ' HIS MATERIAL RES aE RESPONSIBILITY F~n~ ~--- IDUES AND CONTAINERS. I~ COMPLI~NCEw~= ~,+~ __~O DISPOSE OF UNUSED HAZARDOUS AND NONHAZARDOUS W%STEs. ~ ENT, STORAGE AND DISPOSAL FOR TOXIC SUBSTANCES CONTROL ACT: This subs=ance is listed on the Toxic Substances Control Act inven=ory. NSF LIMITS: NSF Maximum Drinking Water Use Concentration - 100 mg/1 SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT TITLE III: HAZARD CATEGORIES, PER 40 CFR 370.2: HEALTH: Immediate {Acute) PHYSICAL: ' ' None EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW, PER 40 CFR 3 EXTREMELY HAZARDOUS SUBSTANCE - - .... i 55, APP.A: None Established zm~HOLD~PLANNING QUANTITY: SUPPLIER NOTIFICATION REQUIREMENTS, PER 40 CFR 372.45: None Established XIV - i~kDDITIONAL INFORMATION MSDS REVISION STATUS: This M~ Cntrol Group 5/24/99. SDS was reviewed and revised by the Chlor/Alkali MSDS 8 of 9 CHLOR ALKALI PRODUCT:$ XV -- ~AJOR ~FERENCES i. DeFio~a, Sii,vio, et al , Genotoxic Ac=ivity and Pot Test. 2. 3. 4. 5. 6. 7. 3~ 'ican Conference of Other R~fer~ces~.are~aYailabIe7 ~pon requesT. MD . al N.Y., THE INFORMATION IN THIS MATERIAL SAFETY DATA SHEET SHOULD BE PROVIDEE TO ALL WHO WILL USE, HANDLE, STORE, TRANSPORT, OR OTHERWISE BE EXPOSED TO THIS PRODUCT. THIS INFORMATION HAS BEEN PREPARED FOR THE GUIDANCE OF PLANT ~gI~EERING, OPERATIONS AND MANAGEMENT AND FOR PERSONS WORKING WITH OR HANDLING THIS PRODUCT. OLIN BELIEVES THIS INFORMATION TO BE RELIABLE AND UP TO DATE AS OF THE DATE OF PUBLICATION, BUT MAKES NO WARRANTY THAT IT IS. ADDITIONALLY, IF THIS MATERIA~ SAFETY DATA SHEET IS MORE THAN THREE YEARS OLD, YOU SHOULD CONTACT OLIN AT THE PHONE NUMBER LISTED BELOW TO MAKE CERTAIN THAT THIS SHEET IS CURRENT. ORC MSDS Control Group Olin Chlor Alkali 1186 Lower River Road P. O~ Box 248 Charleston, TN 37310 Phone Number: (888)-658-MSDS (6737) 9 of 9 Requested City Commission Meetm~Dates [] July 18,2000 [] August 1, 2000 [] August 15, 2000 [] September 6,2000 IV-CONSENT AGENDA ITEH B.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIvl Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m.) August 2, 2000 (5:00 p.nt) August 16, 2000 (5:00 p.~a.) Kequested City Commission Meet~n~ Dates [] September 19, 2000 [] October 4, 2000 [] October 17, 2000 [] November g. 2000 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admim~lJrative . [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UmfuishedBusiness [] Announcement [] Presentation RECOMMENDATION: Motion to utilize General Services Administratien, Contract #GSA4)7F-8722D for the purchase of Greensmaster tee mowers with iccessories in the amount of $33,300.92; and additionally the purchase Of a Lastec Articulator rough mower in the amount of $15.950.00~oased on three competitive written quotations. EXPLANATION: Procurement Services Division received a request from Golf Course for the emergency purchase of golf course .n~e~,a~,.ce equipment. Th_e em~gegcy is based on the continual breakdown of the golf course maintenance eqmpmant mctuamg tee mowers and rough mower which has impacted the operhtions to properly maintain the course. Although the mowers are scheduled for replacement in the FY2000/2001 budget the equipment is critically needed at this time~ Joe Sciorlino's letter {attached) fully explains the emergency nature of the need for the equipment. This purchase is made in accordance with Administrative Policy Manual (APM), Chapter 10, Section 10 which allows for emergency purchases. Procurement Services Division requests Commission's review, evaluation and approval. PROGRAM IMPACT: The purchase of the mowers Will allow the Golf Course to properly maintain the operations of the course and provide more custOmer satisfaction in pla~g the course. ' FISCAL IMPACT: The tee mowers and rough mower are aliocattd in the Golf Course budget for FY2000/2001 Services will make the necessary fiscal adjusunents with the budget. The accounts are as follows: Account Descnotion Account Number Budget Reserve Yor Maintenance Equipment 411-2911-572-99-13 $ 33,300.92 Maintenance Equ/pment 411-2911-572-64-21 18,000.00 Fin~cial .2~LT~.~ATIV~S} r :Co~l,tinne tO use the current grqUnds-maintenaace mapa~ ..~~-~_~. ~~°pemti°ns and appearance of the, golf coul, se. equip~~n~ which is constantly breaking down ~ °l~epu~ Director of Financial Services Ci .ty*Ivlanager's Signature Procurement Services Division Department Name cc: Joe Scio~dno File S:kBULLETtN~FORM SkAGENDA ITEM KEQUEST FORM.DOC City Attorn'ey / Finance / Human Resources Course IVlemomndum #00-014 To: Wilfred Hawkins~ Acting city~ger Fro .' Joe Scio,inol Golf Director Date: September 1,~, 2000 Re: Emergency Equipment PurChase When 1 returned to work this week and met with our BATs. one of the things I found out was that two pieces of maintenance equipment scheduled for replacement in the 00/01 fiscal year were a ready non-functional. We were also in des :p~,rate need of a new rough mower budgete(J for purchase next year (see Dan Miller's memo attached). Although Dan Was trying tO get by with what we had, it has put a tremendous strain on our operation and the condition of the course is suffenng. I am asking you to declare this an emergency situation so that we can p~rchase the two tee mowers and a rough mower as'soon as they can be delivere~ (which is estimated at two 'Weeks). The two tee moWers are under GSA contract, and although the rough mower is not, Dan has solicited throe written quotes for it. Although the new budget year is only a couple of weeks away, time is of the essence in prepa~ing our course properly for the coming season, as well as keeping our mainte~ar{~eisi~;~eam'ia(titud'e ~nd pride,at its ~ew level. I have received numerous ,complaints since my return from employees about not ~having the neceSsary tools ~ perform the r work. as wel as golfer compteints abou~the current length of the grass. To make matters worse, our fairway mower had four Of its five reels fail in the last two weeks, which has also added to our course's unkempt look. n add ton, not having ,an equipment mechanic has only e~ ~xacerbated a trying time. Our mechanic moved 6uto~ s~ate ir~.Jur~e ~nd our replacement begins ihiS' c~3ming Monday. But he will ha~,e a lot of ca[ching UP to do with eqUipm~ht NOT scheduled for replacement, s~, this qew e~qu pment wi atileast allow us to tidy up our course as we head into the'seas~n~. As i'm sure you'know our most critical function as leaders is pmvidin~ our teams with the rosources they need tO pe~o~m the r work. We have enough m0ney in the current year's mainlten,an~ equi~rr{ent rese~e account to pumhase ihe two tee moWers, and we ban 'use 0iii: ~,0n~ir~gen~y account to purchase the :new rough mower budgeted for next year. M Dat~ 09/14/2000 · 'ro=. joe$c~FGolf Director, MP. r Purchase .J,~ ! ,feel ~ h?e an..e~.gency situation. One tee mower has a blown engine and ~,_~.,e?~ :v~?epai~.to make it'func~on properly. Both are.scheduled ? .ex~.~;fls~at year, ~however, t wOUld like to purchase them now: ]'he ~ out m~wer is to thepoint it rips up turf every time it goes out, resulting in a great deal of da~n~ .a. ge_~ t~he tees, collars and approaches. I recommend purchasing these mowers o11' the ~A contract, see attached, for $16,650.46 each. The Torc to tot out also. We budgeted year, which I would also like ] mower to mow with the Ransome AR the rough at an acceptable height. We have, and are balls in the rough. I have 3f the OI3 r with seven rotary decks and an · a self-contained mower in the pdce the Bush Hog mower is don't feel makes them have an eleven-foot cutting width the The Bosh Hog has three decks and contours areas on the ~ill not. Daniel F. Miller, CGCS Sep O? O00?:2~p DeYounc (SBlJ84~-B668 p.1 FEDERAL $~PLY SCHEDULE *BOOK MARCH 01, 1996 ~IRU FEBRUARY 28, 2001 On-Line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order is available through GSA Advantage!, · menu-driven database system. The INTiEKNET address for GSA Advantage! is; ht~p:flwww, gsa.gov Sep O? O0 DeYounG {SG1)8~2-SSG8 MODEL SIN-N0 NONBEN DESCNI~TXON ~A PRICE 1000 341-100 04052 21" ~ree~asc,er 1000 4,421.72 (Includes Jtlumlnum Wiehle Roller) . gREENSMab~R 1000 OPTIONAL 341-700 04122 Wheei K/t ~5.86 -- 34~.-300- 04~ C;~E~N~I~.qT~ 3100 TI;.ACTZON '~ZT~ _~a~TE~ 3100' ~ZN~ 3~I-700 I~=0659 5 ~la~ He~'~, ~el ~ly 173_98 341-200 04404 8 Bt~e ~ U~i~. Hd, 4.~1~ ~jus~ 1,067.22 3~i-200 04406 !~ Bi~ ~c~l~ ~,. 3%1-200 04408 8 B~ ~c=~ng ~it~ 4-Boit'~jus~C 925.77 ]41-200 0~50 11 Blad~ ~ccing U~i~; ~ingle Poin~ ~11 F~k Rol!er ~t {Set ~n~ W~ehle ~ller ~:' (Set Of 33 341-700 04412 341-?00 04414 341-700 04426 341-700 21- 6540 12, 98=.20 281.82 26S.67 47~.0~ 470.08 ~3.74 G~OUNDS PRO 2000 341-300 02002 Grounde Pro 2000 4,966.50 ~ROURDS PRO 2000 /~LES 341-700 02200 3 Wheel /~cle 200.30 341-700 ]0769 ~i~ ~aC Kit 259.87 341-700 02305 Del~ Seat ~t 427.35 ~S PRO 2000 Cu==~ ~l~ ~T ~1 - ~ ~ (~olu~= S~dKit) 341-200 03~6 S Bi~ ~ght F~d H~ ~t~n~ ~C 1,091.47 341-700 02100 Fixed ~ead Lift~= 513.97 341-200 03437 8 BI~ ~fC ~l~cX~ead~tc~g~c 1,403.32 [re~ires 2} 3&1-200 03439 8 B/~e ~C Fi~ci~ ~ad Cutting ~C 1,403.32 3%1-700 02101 Fl~ing He~f: Kt~ 560.17 ~O~S ~0 2000 A~S 341-&00 02202 D~r~ Blower 2,050.12 PRICES QUOTED FOB D~STI~ATZ0~ NZT~ZN TH~ 48 CONTIGUOUS STATES, ~H~NGTON DC, OR ~ FORT OF ~ARKAT~0~ F0~ 0VE~,~AS SH/PM~TSPAG~ 4 0~B-07-2880 0?: 16AM FROM HECTOR TURF TO 1.561~661700 P.01 (954) 429-3200 o I~AX: (954J 3~0-7557 September 5, 2000 Mr; ~anMilter ~ l~inl~ at~Boymon .Beach Boynton Beach, FI., Via Fax: 561-966-1700 Dear Dan: We are pleased to offer the following quotation for your consideration. Qty. 1MoOe! # . ' Desc~Ption I .Unit ~6st Extension 1 ea 04'353 Toro ~s~ 31~ - 3 ea , . 044~8, Tom 8-Blad~ cuffing Units 1 ~ 04424 Wiehle Roll~ ~t , Total $16:650.46 The above pricing reflects GSA Federal Supply Schedule. Hector Turf will extend GSA pricing to The Links at Boynton Beach. - The above quotation is based upon your ac_c, eptance within thirty (30) days fi'_o.m th_..e da, t.e~ of this letter and is subject to manufacturers availability and Florida State Sates ~ax/ti applicable). Our terms of sale are Cash on Deliver7 or upon credit approval, Net 30 Days. Thank you for the opportunity to provide you a quotation. If you have any questions or require additional information please contact me at (954) 429-3200, Extension 314. We appreciate your interest and look forWard to doing business with you. Sincerely, Thoma~ B. DeYotmg Senior Account Representative ~Commereial/Irdgation Products TBD:Ik TOTAL P. 01 LasTec 7865 NCR 100E IJzton, iN. 46149 TO: 800-515-6798 Fax 317-892-418fl Boynton Beach Municipa~ Got[Course 8020 Jog Rd. Boynton Beach, FI. 33425 Atth: Dan Miller SHIPPED TO: Same QUOTE QUOTE NUMBER QUOTE DATE ~31/07/00 TERMS Net30 SALES REP DD SHIPPED VIA Bestway F.O.B. PREPAID or COLLECT Prepaid Model 721XR Articulator PTO with Seven 21' l'he new 721 XR features high quality with a foot wider cut then the 721X and adds a remote lift that raises the entire mower offthe ground for improved transport SUBTOTAL TAX FREIGHT 15,950.00t $15,950.00 PAYTHIS AMOUNT THANK YOU FOR YOUR BUSINESSI 6~0 W'mdsor Dr. Parkland. FL 33067 To Date Dan Mill. er BoYnton Beach Municipal Go~f Course August 29. 2000 Boynton Beach Municipal Golf Course 8020 Jog Rd. BoyntoR'Beach. Florida 33425 Terms ~Net 15' Days Description Part No. Articulator 721XR Mower 721XR Quantity Price Amount 1 $16,250.00 $16,250.00 $0.00 $0,00 $0.00 $0.00 Subtotal $16,250.00 Sh~pmg $0.00 Tax 0.00% TOTAL $16,250.00 Revels Tractor Co. US401 NorthFuquay.-Varina, NC. 27526 PH:919-552-5697 QOOTE TOTALDUE Qu~ Date Cus~/D Terms SIIIPPEB House 2000310 2/27/OO Net 15 Days Municipal Da~ M'~ler 8020 -bg Rcl~ Po Box310 Boynion Beach FI. 33425 PRICE REF NO. QT~ DESCRIPTION EACH TOTAL ~gl~el~ & ll~llOUllO {NC. 1'V-CONSENT AGENDA ITEM B. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlv Date Final Form Must b~ Turned July6, 2000 (5:00 p.m.) July 19,2000 (5:00 p.m.) August 2, 2000 (5:00 p.m.) August 16. 2000 (5:00p.m.) Date Final Form Must be Turned in m Cit~ Clerk's or'ce September 7, 2000 [5:00 p.m.~ September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000'(5:00p.m.) NATURE OF AGENDA ITEM [] Admiinswative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Staff and allow for the sale of same (Bid g002-1411-01/KR). EXPLANATION: Procurement Services has reviewed the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance Division (Memo g00-15O is attached). Utilizing the disposal process used by the City of Boynton Beach for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to the Fleet Maintenance Fund. Procurement Services request Commission's review, evaluation, and approval to sell the surplus property. PROGRAM IMPACT: The disposal of surplus vehicles/equipment will provide for maintaining inventory control and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues genera:e.d from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund in the following account: Revenue Account No_. Account Descri tion 501-0000;365-01.00 Sale of Surplus Equipment ~.~~~.__ ~lc°n~m.I~.Ct operations due to down time for repairs,ff~iZ tenance costs which could Deputy Director: of Financiai~e~ic~-s City Manager's Signature Procurement Services Department Name cc: Chris Roberts, Interim Public Works Director Bob Lee, Fleet Manager S:~ULLETIN~ORMS~GENDAITEMREQUESTFORM.DOC Hoyt Johnson, Finance File City Attorney / F/mace / Human Resources To: Thru: From: Sub j: De uW Director of Finance Bill Atkins~ p ~ Chris Robe~ts;!Interim Director~of Public Works Robert H. Lee, Fleet Administration (~-~ Excess Fleet Vehicles Date: The fleet vehicles listed below are units that have been replaced this budget year, 99/20.0.0. These units are beyond reasonable repair costs, requiring removal from the City Fleet. Requestthat these units be. approved for disposal and sent to a lOcal agency for processing. ID#: MODEL: SERIAL#: 0095 0104 0160 0172 0188 0189 0192 0310 0452 0456 0458 0461 0462 1985 ~- M3/CK 199o ~ CHEVROLET 1990 L GMC 1988 - GMC 1989 - CHEVROLET 1990~- CHEVROLET 1990,- F~RD 1989!- C~EVROLET 1995 - F(~RD 1996- FORD t996 - FORD DM685fROLLOFF Va TON P/U ~ TON UTILITY ~A TON 4X4 P/U ~ TON UTILITY ~ TON CGONAN ¼ EXT/CAB 4X4 P/U ASTRO PAS / VAN CRN-VIC 4DR CRN-VIC 4DR CRN-VIC 4DR CRN-VIC 4DR CRN-VIC 4DR 1M2B126C3FA011012 1GCDC14Z9LZ263434 IGTDC14ZOLZ552704 IGTDK14H9JZ551252 1GCFC24H9KE202094 2GCEG25Z8L4147677 1FTCR15TOLPA92623 1GNDM1522KB251829 2FALP71W7SX179961 2FALP71W9SX179962 2FALP71WSSX179967 2FALP71W9TX159437 2FALP71WOTX159438 DEPARTMENT OF PUBLIC WORKS MEMORANDUM #00-150 0513 1985 - DODGE 0571 1980 - FORD 0572 1990 -- DODGE 0652 1998 - FORD 4908 1999 - FORD 1 TON UTILITY 1 TON STEP VAN 1 TON CGO/VAN TAURUS 4DR CRN-VIC 4DR 1B6MD34W6FS198864 E37GHGG9481 2B7KB31ZOLK747828 1 FAFP52U3WA194017 2FAFP71W3XX182148 Please note: units #160 / 452 / 456 / 458, I currently do not have rifles, working to obtain. unit #652 / 4908 are considered as totaled out do to accidents. Requested City Commission Meetine Dates [] July I8, 2000 [] ^u~ust ~, ~ooo [] August 15, 2000 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00p.m.) August 2, 2000 (5:00 p.m.) Augustl6, 2000 [5:00 p.m.) Requested City Commission Meeting Dates [] September 19. 2000 [] October& 2000 [] October 17. 2000 [] November 8, 2000 IV-CONSENT ITEM B.7 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:0~ p.m.) September 20, 2000 (5:00 p.m.) October 5. 2000 (5:00 p.m.~ October t 8. 2000 (5:00 p.m.) NATURE OF AGENDA ITEI~I [] Adm/nistrative [] Development Plans [] ConsentAgenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfmishedBusmess [] Announcement [] Presentation RECOMMENDATION: A Motion to award the bid for: "TWO YEAR CONTRACT FOR BEACH CLEANING" BID#058-2730-00/CJD to: BEACHKEEPER~ INC. of Loxahatehee, Florida for an annual expenditure of: $8.700.00 CONTRACT PERIOD: OCTOBER 5. 2000 TO OCTOBER 4, 2001 EXPLANATION: On April 27, 2000, Procurement Services received and opened three (3) bids for the "TWO YEAR CONTRACT FOR BEACH CLEANING". After, review of the three (3) proposals, it has been determined that Beachkeeper, Inc. is the lowest, most responsible, responsive bidder who meets all specifications. John Wildner. Parks Director concurs with this recommendation (see attached memo # 00-144). PROGRAM IMPACT: The purpose of this bid is to secure prices for a period of two (2) years for the cleaning and maintaining of the entire length of the City's Beach (965 Ft.), based on two (2) days per week. weather and environmental conditions allowing. FISCAL IMPACT: Funds are available in the following account: Description: Accountg: Budget Anl~unt: Beach Maintenance 001-2730-572.46-92 $10,00~ Deputy Director of Financial Services ' City"Manager's Signature Procurement Services Department C: John Wildner - Parks Director File City Attorney / Finance Human Resources SABULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC TO: FROM: RE: Date LEISURE SERVICES: PARKS MEMORANDUM #00-144 Bill Atkins, Deputy Finance Director John Wildner, Parks Directory' Beach Cleaning Bid September 20, 2000 The Parks Div~ision has reviewed the tabulation sheet for the,Beach Cleaning Bi~#058- 2730,00/cjd. There were three bidders on this project. Of the two lowest bidders, Beaehkeeper,:inc. bid $8,700 per year and Universal Beach Service bid $8,944. This is a difference of $244 per year. Per the attaehed,~Beachkeeper Inc. has verified that they will h~onor the bid amount. They have received good refe3er;ces and indicate that they h~/ve the equipment and ability t6 do the work. Fimds~are available and budgeted ($10,000) iathe Phrks Division Budget (Act, # 001-2730-572.46-92). Recommend ti/at the lowest most responsible bidder Beachkeeper. [nc. be awarded the contract; ***LONEST, MOS~ RESPONSIBLE, RESPONSIVE BIDDER WHO MEETS ALL SPECIFICATIONS TVVO YEAR CONTRACT FOR BEACH CLEANING HN F. WILDNER, PARKS DIRECTOR "Offers from the vendors listed herein are the only offers BID OPENING DATE: APRIL 27, 2000 received timely as of the above receiving oate and time. BID OPENING TIME: 2:00 P.M. A, other offers submitted in response to this solicitatioo, BID #: 058-2730-00/CJD if any. are hereby rejected as late" ~I~NDORS 'BEACHKEEPER, INC.' c. RAY PERRY d/b/a DIRECT CORPORATE SERV. UNIVERSAL BEACH SERVICE 16191 68TH STREET NORTH ~.O. BOX 5067 P.O. BOX 2151 LOXAHATCHEE, FL 33470 GLENCOE, AL 35905 DELRAY BEACH, FL 33444 (561 ) 753-5574 1-800-783-7904 561 ) 272-1400 ATTN: SHERI L. ROWLAND ~.TTN: C. RAY PERRY ATTN: JOHN F. PEART BEACH CLEANUP CONTRACT PRICE YEARLY TOTAL FOR 2/WEEK X 52 WEEKS: $8,700.00 $18,000.00 $8,944.00 HOURLY RATE FOR HAND RAKING OF SEAWEED/DEBRIS DURING TURTLE NESTING SEASON $25.00/PERSON/HOUR $18.50/HOUR $45.00/HOUR NUMBER OF BID PROPOSALS SUBMITTED 1 1 SPECIFICATIONS "CHECK-OFF" SHEET SUBMITTED YES YES YES REFERENCES ENCLOSED YES NO NO , ~ AVA LABLE UPON REQUEST ANTI-KICKBACK AFFIDAVIT SUBMITTED YES YES YES cONFIRMATIoN OF ~iNOR,TY ;F6~4'S~'~4,~E0/ FORM suBMITTED/NOT A *FORM SUBM, I l ~_u/NOT A OWNED BUSINESS SUBMITTED MiNORiT~ OWNE~D~BUSINESS MINORITY OWNED BUSINESS MINORITY OWNED BUSINESS CERTIFICATION PENDING CONFIRMATION OF DRUG-FREE · WORKPLACE SUBMITTED YES YES YES TWO YEAR CONTRACT FOR BEACH CLEANING "Offers from the vendors listed here n are the only offers BID OPENING DATE: APRIL 27, 2000 .r~!Wa t mp.y as Of he above race ving date and me BiD OPENING TIME: 2:00 P.M. ' "A, other offers submitted in response to this solibitation, BID #: 058-2730-00/CJD ' VENDORS ~EACFII~EEPI::I~-]i~C': ...... !~ ~ ~"~'Pie'~E~"~I/6/~'DI'~(~TC~)~>ORATE~ERV, JNIVER~ALBEACHSERVCE ~16'191 68TH STREET NORTH · ~.O. BOX 5067 P,O. BOX 2151 LOXAHATCHEE FL 33470 .. GLENCOE AL. 35905 ........ DELRAY BEACH, FL 33444 I561) 753-5574 '1-800-783-7904 - I561) 272-1400 COMMENTS ~TTN: SHERI L. ROWLAND ~ ~ATTN: C. RAY PERRY ....... ATTN JOHN F pEART ;:~*-E NOTATIONS ~$EE NOTATIONS Submit Bids To: BIDDER ACKNOWLEDGEMENT PROCUREMENT SERVICES 100 E. Boymon Beach Boulevard P.O: Box310 Boynion Beach, FI0rida. 33425-0310 Telephone: (561) 742-6323 Mailing Date (City):~ ~CH 30, 2000, Bid Title: Bid Number: #058-2730-00/CJD lEACH CLEANING Bid Received By: APRIL 27, 2000, NO LATER THAN 2:00 P.M. (LOCAL TIME) Bids will be opened in the Purch~ing Department unless specified othenvise bid opening schedul~ for' APRIL 27, 2000 NO'LATER THAN 2:00 P.M. ~ ~ , ~ . (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this Bid shall conform to appliea~ble sections of the charter and codes of the City. Name of Vendor: Beachkeeper, Inc. Federal I.D. Number: 59-1929842 Area Code: 561 Mailing Address: City/State/Zip: Vendor Mailing Date: A Co~orationoftheStmeo~ Florida TelephoneNumber: 753-5574 16191 68th Street North FL 33470 Loxahatchee, 04/25/00 Authorized Signature Sheri L. Rowland Name '[yped THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 10 BEACH CLEANING BID SPECIFICATIONS The City of Boynton Beach will provide the contractor with.full access, ingress and egress to the beach property located at: 6415 l~orth Oceait~°Ule~va~fl~ Oc6an~Ridge, Florida. Please place a (X) on the blank line next to each ite~ if: ?ecific~n is met. If exception is taken (alternatives), bidder must explain using a s~at~ ;hee[!o£'Paper. Bidder must submit s ecifications 'Check: Off" sheets with~ the ~Oposal sh~e~ i or¢~ for ~Bid to be considered. . C!ea~an~maintain, ina ~°nabiem~¢ ;:the;e~g~F~n, gth'ofthe City's beach ~-, TWO (2) days per week, weather and enviromentat conditions allowing dunng ~he;co~tract period. R~,cma~ o~e al} debris and litter, including wood, plastic, glass, paper, tar~ and metal o~s,~deposited on the~City's beach bythe :ocean or by bather uSagei Dispose of all such trash and debris as collected from the beach by transporting the.~ame to the County dumpsite.. R~e up seagrass and either haul it away, bray it on the beach, or deposit it in the foredune vegetation. Hourly rate for hand raking of seaweed/debris during turtle nesting season as required by conditions and directed bythe City. ~y seagrass selected for dune reconstruction shall be suitably clean, devoid of debris, litter, tar, etc. .~.ntractor shall remoye and dispose of. seagrass inextricably combined with d~bris, tar, etc., by transporting the same th;the County dumpsite. Contractor shall maintain State and Federal policies, and be at the direction of the City. Ti-liS PAGE TO BE SUBMITTED ALONG Wrfll PROPOSAL IN ORDER FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 1 Bid Specifications continued Beach Cleaning .............. Backfill washouts, particularly at the foot of eroded stairs and/or entranceways. Grade excessive sand deposits ~ ~',~ Grade escarpments to a~more easilynavigated slope Add sand and grade around lifeguard stands City's Insurance limits and Certification axe required per ATTACHMENT "A" Two-year Beach Cleaning Contract with the option of renewal for two (2) additional one (1)year periods subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the city. Contractor shall provide references as required. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 12~ ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 2 PROPOSAL BLANK BID PROPOSAL TO ~ CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date 04 f25/00 The undersigned declare~ that he has carefully examined the specifications and is thoroughly familiar ~dth its provisions and with the quality, Wpe and grade of Sc~iCe called for. each- The undersigned proposes to deliver the servi~e in accora.nce with;~he specifications £or the sum of: BEACH CLEANUP CONTRACT PRICE YEARLY TOTAL FOR ?JWEEK X 52 WEEKS: $ 8,700.00 HOURLY RATE:FOR HAND RAKING OF SEAWEEDfDEBP~ 25 .°~er per,~on.fHOUR DURING TURTLE NESTING SEASON Number of Bid Proposal Prices submitted Specification "check off' ~ecm submitted References Enclosed? 1 Yes Y~;No Yes Ye~No ALL PRICES F.O.B. BOYNTON BEACH BeachkeeDer, Inc. COMPANY NAM~ SIGNATURE Sheri L. Rowland PRINTED NAlVIE ( 561 ) 753-5574 TELEPHONE NI/MBER President/Owner TrrLE THIS PAGE TO BE SUBI~II'Y I'ED IN ORDER FOR BID PACKAGE TO BE CON~ERED COMPLETE AND ACCEFFABLE 11 BEACH CLEANING REFERENCES Coral Sea of Singer Island 3630 North Ocean Bird Riviera Beach, FL 33404 (561)689--2439 Tahiti on the Ocean 3920 North Ocean Drive Riviera Beach, FL 33404 (~61)848~8764 Mayfair House 3589 South Ocean Avenue Palm Beac~, FL 33480 (561)586-6303 Breakers Row Two North Breakers Row Palm Beach, FL 33480 (561)659-2488 CORAL SEA OF SINGER ISLAND De~em"o~r ~:1, t~99 To whom it may concem: This letter is in reference to David Roland of Beachkeeper, Inc., "Dave" is currently under contract with our association for twice-weekly beach cleaning. This year we have experienced tremendous bench erosion with subsequent debris and associated problems. Dave has gone beyond what we consider the norm in fiflfilling his beach cleaning responsibilities. He has removed excess debri, and relocated sand to our every request. Further, he has done this with a positave attitude and has invited suggestions on how his service could be tmproved. When he leaveS our frontage, the beach is clean and has a well- manicured look regardless of the time and effort required to complete the task: In cunclusion~ we are cmrently very satisfied w/th Dave Roland's work and based upon his efforts to date, highly recommend his service, John A. Giacomini {Beard Member] Coral Sea Of Singer Island Condu~miium Association Lesley Fran~o . 4000 South Ocean Bird; APT. 201 Palm Beach, Florida 33480 El~lail: dfranco Omindspring .com TEL'561-586-2235 FAX:561-585-6805 I ara a_r. es~_qf $o. th Palm Bq_acl~_ _~_~__~ ~-oce~Ja~- C~eaner, I wo~ld like to s~y~ a~ he is doing a ~ery good job of beepingour beach clean, a big improvement o~er tire last one. ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTYOF PALM BEACH ) : SS ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein Bid will be paid to any emp!oyees of the City of Boyntun Beach as a comm~ssiun, kickback, reward of girl, direcflFor indirectly bYme or any member'0f my firm or :by'an offiee~o~:Ih~,e~or~omt~0n~ NAME - SIGNATURE Sworn and subscribed before me this 25th dayof April , 20 O0 NOTARY PUBLIC, State o~Florida at Large I "GY PO OFFICIAL NOTARY SEAL O'X_~ f~. CHARLES C "AYSlDE I I '%. ~ ~ ~, co~,~ ~s I "OFFIC~ NOT~Y SE~" ST~ Sheri Printed ~rmafion: 5. Rowland NAME Officer (Owner) TITLE Beachkeeper, Inc. COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files, for future use and information. Please tilt out and indi¢~tein the appropriate spac~s:prbvided ¢vhich categOry best describes your co~mpany. Return this f0im with your bid proposal sheet ~ k an 0fti~i~ part of your bid respons~ AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (specify) Do you possess a Certification qualifying your business as a Minoriv/Owned Business? YES If YES, Name the Organization from which this certification was obtained and date: NO */~z~-, a,*-,% Issuing Orgunization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 13 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference ~ha. !~ be given to businesses ~ith drug-free workplace p[ograms. Whenev:er,_mfo or_ more bids Whichare ~qual with resp~6t'tO':pd~e, 'qfial?~ and service are received b7 the ~Clty ot 'Boynto~BeaCh. or by any ~olltical')g"abdivi~ioni'f//r the pf0cnrement of commg~fies or eo~tractuat:~erviees¢ abid-received frVma bUsiness:that certifies that it has ~mplemented a drag- free work~:l'~ce program shall be given preference in the award process. Established procedures for processing ~e, bids will be follow.~d ifnone of the fled vend, ors have a dmg-free~ workplace pro~ In order.to ha,~e a. dmg-fi:ee ~vorkplace pr0.gr~.~am.~ ~_bth3~'m~s s~all: , 1) Publish a statement notifying employees that the. unla~ ,~acture, dis,lxibution, dispensin~ g,: possession, or :use of,la.c0nt~oilod.~Ub~e ~:~'d!~e~t ~:th~ w0rkl/[hce and p ifyin the actions that ~ilI be taken a~s~lo~est~ti~!g~0ns or, such prohibition. 2) Inform employees about ~ dangors of drag almse ,'m., the: ~ ith~.b~,sin, e.s,s.i~,.policy o,f maintaining a drug-free ~vorkplace, any ~vCflab!~ ~ ~ r~habmtauon, aaa em lo ee assistance m ams, and the pe~alttes,~that:mag~-~e~},upon employees for drag abuse violations. 3) Give each employee engaged in providing the commodities or conu'acmal services that are under bic[ a copy of the statemem specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee .th.a.t, .as a co~ndition working on the commodities or contractual services that are under b~d, the employee wn abide by the terms of the'statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 Or of any controlled substance law of.the United States or any sta~te, for a violation occurring in the workplace no later than 5 days after ~ueh c6nvicfi°n. ' ' :' 5) Impose a sanction on, or ~equire. the satisfactory participati,on in a drug abuse assistance or rel~abilitationprogram if ~uch is available in the employee s community by, any employee who is so convicted- 6) Make a good faith effort to continue to maintain a ding-free workplace through implementation of this section. As the person authorized to sign the statement~ I certify that this firm complies fully with the above reqnirements. ~/~,j~: /x. ,. ~_ ~'{/_.~ x..,, -- ~ndor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 14 Requested City Commission Meat/n~ Dates [] July 18, 2000 ] August I, 2000 [] August 15,2000 [] September 6. 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Jtlly 6, 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m0 August 2. 2000 [5:00 p.m.~ August 16, 2000 (5:00 p.m.) Requested City Cormnission Meeting Dates [] September 19, 2000 [] October 4. 2000 [] October 17, 2000 [] November 8, 2000 IV-CONSENT ITEM B.8 Date Final Form Must be Turned in to CiW Clerk's Office SelXember 7, 2000 ~5:00 p.m.) September 20, 2000 (5:00 p.nt) October 5. 2000 (5:00 p.m.) October 18, 2000 5:00 p.m.) NATURE OF AGENDA ITEM [] Adm/nistrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcemem [] Presentation RECOMMENDATION: Motion to award "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE", Bid #079-2730-00/KR, to various vendors for an annual estimated expenditure of $ 600,000.00. CONTRACT PERIOD: OCTOBER 5, 2000 TO OCTOBER 4, 2001 EXPLANATION: On August 23, 2000, Procurement Services opened eight proposals for the above mentioned bid. All proposals were reviewed and it has been determined that a mnlti-award is the most cost effective method of securing the type of services required by the City. Factors considered in the recommendations include low bid, quality of work. geographic grouping and accountability. In most cases, logical groupings of locations were made to minimize travel time by the contractors and provide efficiency in regard to contract administration. John Wildner. Parks Director, concurs with the following recommendation (see attached Memo #00-143): AAA-1 GREEN THUMB $ 33,427.00 FIRST GENESIS $118,522.00 STILES LANDSCAPE $166,228.00 TARE LANDSCAPE $ 66,410.00 VILA & SON LANDSCAPING $ 215,262.00 TOTAL AWARD $ 599,849.00 PROGRAM IMPACT: The purpose of this bid is to provide the best quality landscape maintenance service available at the most economical price for different areas within the City of Boynton Beach. S:~BULLETIN~FORMSkAGENDA ITEM REQUEST FOILM.DOC gxsc~ CITY OF BOYNTON BEACH AGENDA ITEM ~REQUEST FORM BUDGET. ACCOUNT # PARKS MAINTEN2~2qCE 001-2730-572.46-95 ESTIMATED ANNUAL EXPENDITURE $ 600,000.00 ALTERNATIVES: Award a single-source, low bid provider (Stiles Landscape) in the amount of $1,216,343.00. Deputy Director o-f~inanc/al Services · ~- ~ity Manager's gignamre Procurement Services Department Name cc: lolm Wildner, Parks Director Norm Turner, Contract Administrator File City Attorney Finance / Human Resources SABULLETfl~FORMS~AGENDA ITEM REQUEST FORM.DOC LEISURE SERVICES: PARKS MEMORANDUM #00-143 TO~ FROM: RE: Bill Atkins, Assistant Finance Director John Witdner, Parks Director~ ANNUAL LANDSCAPE MAINTENANCE BID AWARD DATE: September 21, 2000 The Parks Division has reViewed the Annual Landscape Bid. Due to the size of this bidwe are recommending that several bidders be awarded this conuact by location. Factors considered in these recommendations include low bid, quality of work, geographic grouping and accountability. Below listed are our recommendations by vendor and by type o£work to be performed. AAA-1 Green Thumb 33,427 · Public Works Compound · East Water Treatment Plant · ~ West Water Treatment Plant · Miner Road Water Storage Facility · Woolbright Road Water Storage Facility (All of the above excludes fertilizing, in-igation, pesticide and tree trimming. Other contractors will complete these tasks.) First Genesis lawn Service 118,522 North Federal Highway R.O.W. · Boynton Beach Blvd. And 1-95 R.O.W. (four comers) · Hypoluxo Medians Groups B, C, and E · Kiwanis - Sierra Club Park · Fire Station #2 · Fire Station #3 · Pond (B) Drainage Area · Sun Valley Wells · Lift Station 309 · Lift Station 316 · Lift Station 317 · Lift Station 319 · Lift Station 356 · Lift Station 408 · Lift Station 606 · Lift Station 607 · Lift Station 609 · Lift Station 801 · City owned lots and R.O.W. (All sections) (All of the above excluded fertilizing, imgation, pesticide and tree trimming. Other contractors will complete these tasks.) TARE Landscaoine , Boynt0~ Beach Blvd. Media~s., GrouP'A~ B, and ~ · Woolbrig-ht Road Medians Group A, B; & C · Ocean Ave. M~aus~,Gr0up. A & B ~ .: ~ · Circle Islands : ~ .... ~ · Golfview Harbor-SW 25t~ Place (All of the these tasks.) 66,410 ~alms) side) th :Blvd.(NE 10 Ave.) [, irrigation, and tree ming. Other contractors will complete Stiles Landscape · · · 166,228 North Federal Highway (West R.O.W.) (fertilizer only) ~"- ~ NOrth Congress Ave. Medians Group A & B (tree trimming & pesticide) North Congress Ave. Medians Group C (landscape) North Congress Ave. Medians Group D ( landscape, fertilizer, irrigation, pesticides, trees trimming and landscape replacement) · Gateway Blvd. Medians Group A (landscape, fertilizer,,in'igation, pesticide & tree mmming) * Gateway Blvd. Medians Group B (landscape, fertilizer and pesticide) · Boynton Blvd. Medians Group A (fertilizer, imgation, pesticide & tree trimming) · Boyuton Blvd. Medians Group B (fertilizer, pesticide & tree trimming) · BoTaton Blvd. Medians Group C (fertilizer, pesticide & tree trimming) · Gulfstream Blvd. (landscape, fertilizer, pesticide, tree trimming and landscape replacement) · 'vVoolbdght Rd. Medians Group A (fertilizer & irrigation) · Wootbright Rd. Medians Group B (fertilizer) · Woolbright Rd. Medians Group C (pesticide & tree trimming) · Ocean Ave. Group A & B (pesticide) · Hypohmo Rd. Medians Group B (fertilized · I~!ypolUXo Rd. Medians Group E (fertilizer & pesticide) · d~Fel:Hig Blvd. (pesticide) · ~ircle I~la0~ds (fertilizer, irrigation & pesticide) ~, · Golfvie~ Iffarbor SW 25th Place (fertilizer, pesticide & tree trimming) · Golfwiew Harbor SW 27tl~ Ave. (pesticide & tree trimming) " · Yachtsman Cove (pesticide) * NW 17th Ave. ~ferfilizer & pesticide) · NW 12~ Ave. & NW 13th Ave. (fertilizer &pesticide) · Seacrest Court (fertilizer, irrigation & pesticide) · Rolling Green School- South side, 2 sections (fertilizer) · Rolling Green Municipal Compex (landscape:& pesticide) · Public Works Complex (fertilizer) · Child Care Center (landscape, fertilizer, pesticide & tree tr/mmmg) · East Water Treatment Plant (Bee.trimming) West Water Treatment Plant (pesticide & tree ming) · Miner Road (pesticide & tree Wimming) · Woolbright Road Storage Facility (tree trimming) · Fire Station #2 (tree trimming) · Fire Station#3 (tree trimming) · Lift Station #309 (fertilizer) · Lift Station #316 (pesticide) · Lif~: Station #317 (fertilizer & pesticide) · Lift Station #319 (pesticide) · Lif~ Station ~408 (fertilizer) · Lift Station #801 (fertilizer) · Martin Luther King (NE l0th Ave. (landscape replacement) · Technical Irrigation Repair Vila & Son Landscape 215,262 · Federal Highway Group A & B (Landscape, fertilizer, irrigation, pesticide and landscape replacement) · North Federal HighwayR.O.W. (irrigation) · North Congress Ave, Medians Group A & B (landscape, fertilizer, n-ngafion & · Gateway Blvd. Medians Group B (irrigation) · BoyntonBeachBlvd. Medians Group B & C (irrigation) · Gulfstream Blvd. (irrigation) · Woolbrigl~t Rd. Medians Group A (pesticide) Wgolbdght Rd. Medians Group B (irrigation, pesticide, &) · Woolbright Rd. Medians Group C (fertilizer & irrigation) · Ocean Ave. Medians Group A (fertilizer & irrigation) · Ocean Ave. Medians Group B (irrigation) · Hypolyxo Rd. Medians Group B (irrigation) · Hypolyxo Rd. Medians~Group C (fertilizer, irrigation & pesticide) · Hypolyxo Rd. Medians Group E (pesticide) · ChapelHill Blvd. (landscape, fertilizer, irrrigation & · Golfview Harbor SW 25th Place (irrigation) · Gotfview Harbor SW 27th Ave. (fertilizer & irrigation) · Yachtsman Cove ( fertilizer & irrigation) · Casfillo Lane (fertilizer & pesticide) · Riviera Drive (fertilizer, pesticide and landscape replacement) · NW 17th Ave. (irrigation) · Ocean Parkway (fertilizer, irrigation & pesticide) · Rolling Green School - South side 2 sections (irrigation & pesticide) · Rolling Green Municipal Complex (fertilizer) · Public Work Complex (pesticide) * East Water Treatment Plan~ (fertili-zer ~ pesticide) · West Water Treatment:glant {fei'filizer) - · Miner Rd. W..a~er ~rage'(ferti!i.zer) : · Wootbright Kd}:S, to~age ~aqf!i~i(/fem~zer & pesticide) · Fire Station #2 (fertilizer, ~e, sticide,*and landseap6 rePlacement) · Fire Station #3 ~fertilizer): ? ; :' ~ · · ·Lift · Lffi · · LiJf · · Te~/hnical ~gati0n Kepairs l0th Ave. (fertilizer) In most cases the lbwest;~nost responsible bidder was selected by location. In a few cases logical grouping of the wp~k ~[t¢~iminor.adjnstments in the award of specific locations. These adjustments ~vem:to ~ize travel time by the contractors and provide efficiency with regards to contract administration. In the case of Federal'Highway medians we are recommending one contractor do the entire mmntenance package (inCluding landscape maintenance, ferti!izer, irrigation rePair, pesticide application, tree tri~m~ing and 1;iant r~lacement. Vfla & Son s bid of $26,060 for simple landscap~ services (mowing, edging, ~g, etc.) exceeds Luis Cintron's bid of $21,560 for the same servm, es. Vila & Son have the cauabitity of providing all other services at the lowest price. We feel that the high visibility nature ot~the ~ederal;~ghw~y medians --cdmbined with the recent high investment in landscaping by DOT and ~e City -; warrants the additional accountability afforded by a single contractor. It should be noted that the low bid by a single-source provider, Stiles Landscape, was $1,216,343 per year. By selecting the contractors seParately by location it is possible to recommend a total cost of $599,849. Funds are budgeted in account no. 001-2730-572.46-95 in the amount of $600,000. JW/bl cc: Wilfi:ed Hawkins Norm Turner CITY OF BOYNTON BEACH- LANDSCAPE AWARD SHEET ; FIRST I -- - AAA-1 GREEN GENESIS ! . i THUMB LAWN LAWN LU S ' SERy CE ~ SERVICE CINTRON'S TARE . STILES V LA & SON /IASTER AWARD AREAl I.;ANDSCAPE i LANDSCAPE LANDSCAPE AREA#1-GROUPA iS '27~,640.00 $ 28;605.00 $ 21,~6oi70 GROUP B / $ 36 180.00 $_ 28,605:00 I $ 35,14500 AREA#2 [ $ 17,319.00 $ 13,405.00 AREAT~'L3-GRQUPA ~ $10,820.00 .$ 1.4,241.005 10795.00 ; ~. GRQUPB' : $ - 10,420.00 ~ $' 9,81,3:00 $ 1039500 ' GROUP C [' , , $ 2 400~00 '~ $ 3 072.00 J $ 5,280 00 GROUPD [$ 10,895;00: $ 24,t29.00.:[ $' 11,100.00 &REA#4-GROUPA ' $ 804-0;00 $ 15;91300 $ 997000 'GROUPB * $, 5835~00 $ . 828300 iS 400000~ $ 6,643.00 GRouP o' . $ 8,953.00 $ 4,445.00 $ 9,028.00 GROUP D ,. , i $ 20,753.00 $ 3 675.00 $ 3 25400 GROUPE $ , 5835~00 $, 17,723,00 $ 4206.00,~ $ 705500 AREA#5 :; r ] , ' ;~ $ :.' 27;¢825.00 I;$' 8014'5-00 iS: 95,346.00 ' AREA#6-GROUPA; ' .. ' ,, - $ 5,87000' $ 9775¢.0 ~.~$ 927100 $ 6,77500 · - GROUPB, ; , $ .5,870:00 $ 9,775:00 $ , 2749500 $ 1092500 : ' GROUPC :' , $ ,5870:00 $, 9,77500 $ 727900 $ AREA#8 - GROUPA..'!r .. I ';?~ ~!$ ":5,075.00 -$ 7,668.00 $' 5 615~00 GROUPB ~ '! . ;,$r 507500 $ 9603.00 $ ' 8,40600 AREACC9-GROUPA#J:I: ;; ; -~, I,$,,~ ;4;165;Q0 .S, ,25;~63.00 $ 467000 · GROUP B %, ~; ; . :- iS- ,4 165.00 / $ "t3,328.00 I $ -5,560 00 AREA#10 -~ GROt~P ~: " / ' : - GR0.U,.PB 'i;?: ,: , i ~~ .$ ;26385;~00 i'$f 5050.00 $., 56432.00 .$ :14,425.00 ..... GROUPC'?:';;,I. ;:' -* ~~$ -" 6,228.00 'J;'$*, 2,525.00 $ 13;844.00 $ 8,215.00 : ..GROUPE ~...~ , ' : $, 2,214.00-.i$, 13,743.00, $ .6,240.00 AREA#12 - : ' ~ ;; '""$ ' '~,~90'00 I '$ '9 987.00 ~REA'#'I;~ -,:i'I'. :" '; ¢: ~$ :.;' f~,648.00!i!';$ 14,160:00,' · , · ...... r $ ¢ 308.00 r ~, -5,087.00 ~REA #16 i '!$ ;,2 050.00: ;,$ '3 970 00 i~REA ¢17 - . ..... J$ '2 540.00 $ ~3 970.00 ~E~A,¢¢2? ,$ .2,018.00_, ,$ , 3 433.00, $ %.. ~ 059 00 ~ 2 555 O0 ¢;REA#2:~ ~ ~440.00 $ 2112 ~~'- '~'~* ',, ' oo, :: ¢~REA #22 ;8 4500 '¢' · . - : - J~ : , ,,3 . :,:$ .~2,253-06.~$:¥3],397.00 [~$ ~,p.6:10.00' ~EA;¢¢2,~: .. ~ =: :~ ;~ ~,366.00' ~ ~'~5 370 $~ 429200 i ~EACf26, . ] . ;~, ,.~. :~,840.00~ !$ 1~,008.00 $ .-3,366.00 ~ ~'; ~-#2Z';. ,~ '.~ ',~ :!,'1~;665,.00,; ~ , ~.9;637;00'l $ : 8;435.00. i~ ;:')7 970.00; ~E~.4¢28:, . ,'~ 638000 ~ ~1~47500/$ 567000~ ~: ~ 29 , , ,~,~,,~,150.00 ~$* ~,263.00 $. 13642.00 $¢8586.00 ~E:A,#80" . ~~.;1,,~46.00 ~$; ~;504;00 $ 1366000 $'.,2'~,215.00 .~E,A.~I- ~ ~' iS,e20.00, t$~ ~ 95O.OO .$ 6,005.00'l $. 11,130.00 'S, ,~REA;'#32' ¢~~ ~[~,460.00: ,~ ~1,25000 !'-$ 7,270D0i $ 5,213.00 $ .~,655.00 Page 1 of 2 CITY OF BOYNTON BEACH - LANDSCAPE'AWARD SHEET F RST AAA-1 GREEN GENESIS THUMB LAWN LAWN.~ LUIS . . SEBVICE~,, SERVICe:' i cINTBoNiS~ .;' IAREi, ',. ~ !' ~ STILES VILA & SON MAsTER AwARDAREA IAN'D~CAP~ .L~ND,~C~'I LAND$CAp~E: '~,AND$~A~E~?~NDSCAPE lANDSCAPE AREA#33 ; .-,; ';- [$-:~'5.;gT~);PO¢: ,.$ -4i880~00'$-~7;833.00 ,$;:. 5,5,05.00 AREA'#35 i ;' , ; ,', i AREA#36 ' [: ~' ,- :;' '¢~i~ $ 15;543.00 ;1'$ 1:8.420100' ' , . $; .10,545.00 Page 2 of 2 MASTER AWARD AREA AREA fl'l ~ GROUP A GROUP B GROUP B GROUP C GROUP B A. AARONS ENVIRONMENTAL STILES V LA & SON FERTILIZER [ FERTILIZER FERTiLizER $ . 183oo. oo $ 5,49ooo~ $ 5,350.00 ,~ $ 8,131.00 ] ~$ - 938.00 ~ $ ~448.00 $ 710;0Q ' GROUPC GROUP D .... GROUP E AREA ~1!.1. AREA #~12 AREA IAREA ~1§ $ $ $ 51 $ 513.00 $ 7,705~00 $ 831. Page 1 of 2 CITY OF BOYNTON FERTILIZER AWARD SHEET Page 2 of 2 CITY OF BOYNTON BEACH PESTICIDE AWARD SHEET A AARONS A. AARONS i ENVIRONMENAL J . ENV!RONMENTAL PESTICIDE MASTER AWARD AREA ! PESTI~E ALTERNATE BID , PESTICIDE PESTICIDE AREA #1 - GRouP A GROUP B ~RREA#2 [ / $ 2,368.00 $ 2,910.00 EA ~L3 ~GROUP A . ~$ 290600 GROUPB . ~$ 263600 ' , $ 7 469 00 AREA ~N- ';~GROUP A- ..... ~: L ' ' , ~ $ 1 530.00 ' GROUPB ' ' ~~' 10110" GROUP C ' ~ " ~ '~ , . u GROUP D ~ ' ' $ 507.00 ~ GROUP E ' $ 5 .00 AREA #5 .: ~ , ~1,75 i $ 726:00 AREA #6 - GROUP A ,. I , ~$ 3:090.00 '~: ' GROUP B ~ $ 1,672.00'. "' GROUPC ~ $ 1,594.00 AREA #7 ~.REA#8 - GROUP A I ~ ' GROUP B - GROUP' C I ~ $ 982~00 AREA#9- GROUP A i i ~ '$ ~i,333.00 ' ' GRouP B ' ~$ 11677,00 AREA#:10 :- GROUP A '. ' GROUP B , I $ 2,939.00 : GROUP C $ 3,560.00 'GROUP D: .~ EA ~'11 "' ~ $ /1,917.00' ,~REA#12 .... ~ $ :-211i7.00 ,~REA ~13 A~REA ¢A'1 A~EA~5 ' AREA~#~7~ - AREA ~ 8 A~EA ~ 9 ~ . ~. $ ;2,699.~ REA'~0 ~2~ J ' - -- i $" 37400 Page 1 of 2 CITY OF BOYNTON BEACH STILES $ 00.00 $ 00.00: iS 31,931.00 YELLOW = LOWEST 19,838.00 I 51,769.00 Page 2 of 2 CITY OFBOYNTON BEACH IRRIGATION AWARD SHEET COUNTY LAWNSCAPE STILES MASTER AWARD AREA IRRIGATION iRRIGATION AREA #1 - GROUP A $ 23,328 00 $ 46,200.00 GROUP B VILA& SON IRRIGA TfON AREA #2 AREA #3 - GROUP A GROUP B GROUP C GROUP D AREA #4~- GROUP A 3,384.00 $ 5,250:00 4,200.00 3 150.00 GROUP C GROUP D GROUPE ~,REA #5 ~REA #6- GRouP A GROUP B GROUP C~ AREA #7 AREA ¢¢-8 . GROUPA; J3ROUP, B · GROUP C, AREAC9t,-.GRO UPA GROUP B &REA~10. GROUP A ~ GROUP B ~ GROUP C, GROUP D , GROUP E AREA #112_ lAREA #1F'' ' I'' Page 1 of 2 CITY OF BOYNTON BEACH IRRIGATION AWARD SHEET COUNTY .......... ~ · LAW[~SC~ApE ST LES , VILA & SON MAsT~ AWARD AREA;~ ~i..'' '~',~RIG~YlONi IRRIGATION IRRIGATION AREA ~32,; ' ..... '" ~ : ~ ' A~A ~3 .... Page 2 of 2 CITY OF BOYNTON BEACH TREE TRIMMING AWARD SHEETSTILES MASTER AWARD AREA TREES AREA#1 - GROUP A AREA #2 GROUP B :$ 16,760.00 AREA #3 - GROUP A ~ GROUP B GROUP C GROUP D AREA ~N.. GROUP A GROUP b GROUP C GROUP D AREA #'6 ~ GROUP A ' ,GROUP B ;GROUP C AREA ~7 .' AREA ~8 ~GGROUP'A ~GROUP~ C AREA~ -~G~OUP A GROUP .b AREA~10~GROUp A ~ROUP C I :~ROUP D ) AREA ~1~; - REA ¢15( AREA ¢1:~ -' ', ;, AREA ¢17~ ' ' AREA ~19~ AREA, ~'~ ~ AREA ~22 , ARE~ ~8 AREA~ ARE~ $ 16,485.~ ~REA ~T AREA Page 1 of 2 CITY OF BOYNTON BEACH TREE TRIMMING AWARD SHEET 51,510.00 ~MING Page 2 of 2 CITY OF BOYNTON BEACH LANDSCAPE/REPLACEMENT AWARD SHEET ST~LES VILA & SON LANDSCAPE/ LANDSCAPE/ REPLACEMENTS REPLACEMENTS ~IASTER AWARD AREA BP-89-91 BP 89-91 AREA #1 - GROUP A GROUP b AREA AREA #3 - GrouP A GROUP B GROUP C GROUP D G GROUP C GROUP D GROUP E ~7 ~B GROUPA AREA #1'1 A~EA #12 Page 1 of 2 CITY OF BOYNTON BEACH Page 2 of 2 Requested City Commission Meeting Date~ [] July 18. 2000 [] August 1. 2000 [] August 15. 2000 [] September 6, 2000 CITY OF BOYNTON BEACH IV-CONSENT AGENDA AGENDA ITEM REQUEST FOR ITEM C.1 into~City Clerk s Office July 19, 2000 (5:0Qp.m.) August 2, 2000 (5:00 p.m,) August I6, 2000 (5:00 p.m.) Requested City Commission Meeting Date~ [] septeml~er 19, 20o0 [~ October 4. 2000 [] October IL 2000 [] November 8, 2000 Date Final Form Must ~e Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 f5:00 p.m.) October I& 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] DeVelopment Plans [] Consent Agenda [] New Business [] Public Heuring [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve Amendment to the Agreement with Palm Beach County dated June 6, 2000 for Joint Participation and Proj~t Funding in Construction of Lawrence Road from Gateway Blvd. to Hypoluxo Road EXPLANATION: This Joint Partici0ation and: Project Funding Agreement was initially approved for the City to fund $28,519 for the adjustment and relocation of utilities in the project areni However, certain conflict structures were inadvertently omitted from the itemized bid and additional conflicts between utilities and drainage systems are being discovered during construction. The additional funding is anticipated not-to-exceed $55,932. The City of Boynton Beach will only have to pay for those items actually installed. PROGRAM IMPACT: None FISCAL IMPACT: Total impact equals $87,451, funded from the Utilities Renewal and Replacement Fund ALTERNAT~eio~inch~ water main piping, resulting in~. Depa~rne~f~He~ad's Signature ~ity Manager s Signature Utilities Department Name City Attorney / Finance/Human Resources XC: Peter Mazzella (w/avmchments) City Attorney Finance Di~ctor" File S :kB UL LETIN~F ORMSX3CrENDA ITEM REQUEST FORM.DOC RESOL~ON ~[~00I A RESOLUI-~ON OF THE CITY COMMISSION OF CITY TO tHE WHERE,AS, the C~ and the COUNTY pr~vi0usly entered into an Agreement for~nt~;~articipat._.,. ~ on and pro,'ectj, ,~Fund, hg,.in, the Construction of Lawrence Roadifrom Gateway BOu evard to Hypo uxo road; and THE CITY THAT: Section 1; The foregoing, "WHEREA~' clauses are true and correct and hereby ratified and confirmed.by the City Commission Section, of the City of Boynton Beach, ~nd direct the Mayor'and City clerk to execute amendment to the Joint Participation/Funding Agreement between the Boynton Beach and Palm Beach County, a copy of which Agreement is ed heretoaS Exhibit "A". Section 2. passage-. PASSED AND ADOPTED this This Resolution will become effective immediately upon day of April, 2000. ¥i-I'EST: City Clerk (Corporate Seal) C~I-Y OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner and Public Works City ofBoyntog Be~ch U$ilities Department September l 8, 2000 124 East Vgo61bdgh(R0ad B0Ynton Beach~ I/~33435.6040 ATTN: Mr. Peter V. Mazzella, Assistant to the Director of Utilities Dear Mr. Mazzetla: Palm Beach County Board of County Commissioners Mary McCarty Robert Weisman to Amended is structure with andUSF51 was of $28,519 00 precast regarding this County. If you have any questions offiee. Enginem~g/Pubtic Works Operations OAF/~LLE~d~i:'d/Enclosures pc: 'n A. Jack, P.E., Deputy County Engineer Marlane R, Everitt, Assistant County Attomey-w./Attachment Carl R. Miller, Director, ConstrUction Coordination-w./Summary Evelyn Andrews, Director, Administrative Services-w./Summary Joseph F. Bergeron, CPA, Capital Budget Manager/OFMB Tanya N. McCormall, P.E., Program Manager, Roadway Production Division Stevan B. Carrier, P.E., Special Projects Manager, Roadway Production Div. William R. Sears, P.E., Project Engineer, Roadway Production Division Carl L. Hussey, P.E., Utility Coordinator, Roadway Production-w./Attach. F:~R. OAD WAY~AGRMT~95511 -AM-BBU-LTR.doc ~/A3'IENDMENT TO AGREEMENT DATED JUNE 6, 2000 BY AND BETWEEN CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR JOINTPARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF LAWRENCE ROAD - GATEWAY BLVD. TO HYPOLUXO RD. PALM BEACH COUNTY. FLOR/DA PROJECT NO. 95511 THIS AMENDMENT is made this day of _ 2000. for the joim participation and project funding of utility system improvemems on Lava'ence Road from Gateway Boulevard to Hypoluxo Road, hereinafter referred to as "AGREEMENT", dated June 6, 2000, (R-2000-0737) by and between CITY OF BOYNTON BEACH, a Municipality in the State of Florida, hereinafter referred to as "CITY," and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY. a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." V/HEREAS, on June 6, 2000, the COUNTY approved the AGREEMENT w~th the CITY for the construction of water d~smbunon and/or sewage transmission systems, utility adjusunents and other improvements on the COUNTY's Lawrence Road right-of-way in~ c the amount of Twenty Eight Thousand Five Hundred Nineteen and No Cents ($ 28,519.00); and WHEREAS, the COUNTY and the CITY now find it mutually agreeable to amend the above-referenced AGREEMENT. NOW, THEREFORE, and in consideration of the mutual covenants contained herein. the Parties agree as follows: [- Paragraph 5 (Item No. 2) is hereby amended as foIlows: Said summation of costs ~s now stated m the amount of $ 87,451.00 In accordance wrth the bid tabulation (Attaehraent "A") and the amended Summary lAttachment "B") attached hereto and incorporated herein for the sp=ified woric. It is the intent of the partaes hereto that this AMENDMENT to the AGREEMENT shall not become binding until the date executed by the Board of County Commissioners of Palm Beach County. 3. Except as expressly m~ified ar amended herein, all terms and conditions of the AGREEMENT dated June 6, 2000, shall remain in full force and effect. A~MENDMEN~ TO AGREEMENT WITH THE CITY OF BOYNTON BEACH ~ IN WITNESS Ye/HEREOF. the Parties unto this Agreement have set their hands and~ seals on the day and date first written above. CfEY OF BOY;NTON BEACH, B~ i'~S, C~TY COMMISSION PALM BEACH cOUNTY. FLOPdDA. BY ITS BOAP,,.D OF COUNTY COMMISSIONERS By: ATTEST: SUZANNE KRUSE, CITY CLERK ATTEST: DOROTHY H. WILKEN, CLERK By: (DATE) By: Deputy Clerk DATE) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney By: Assistant County Attorney F:\ROADWAY~AGRMT~9551 I.AM-BBU-AGR.doc PAEMBEACH COUNTY ENGINEERING AND PUBLIC WORKS:rDEPARTMENT ROADWAY PRoDuCTioN DIV SION ~, BiD TABULATION PROJECT NAME: LAWRENCE ROAD - GATEWAY BLVD. TO HYPOLUXO RD. PROJECT NUMBER: 955'1'/ MORA ENGINEERING CONTRACTORS, INC. ITEM QTY, UNITS UNIT PRICE AMOUNT REGULAR ROADWAY PAY ITEMS I MOBILIZATION I LS $237,080,00 $237,000.00 2 M~JNTENANCE OF TRAFFIC ( INCLUDES PEDESTRIAN M.O.T. ) I LS 590,480.00 590,480.00 3 N~DES COMPLIANCE (SEE SPECIAL PROVISIONS) I LS $29,820,00 529,520.00 7 TYpE C STABI~!ZATIO.H. (FBV 75) 4t,320 SY 52.00 $02.040.00 8 BASEROCK(8' i(2-4 LIFTS) 42,243 SY $6.87 5290.209.41 13 CONTROL STRU-CTU~ES - 2 EA $3,358,00 $6 7'10,00 15 INLETS CURB (TYpE P-t ) ( >10' ) I EA $2,0t3.00 $2~0'1~0 16 INLETS ( CURB ) ( TYPE P 2 ) ( ~10' ) I EA 52,262.00 $2,262.oo 23 INLETS ( CURB ) ( TYPE $ ) (PARTIAl.) 3 EA 52,460.00 43 CONCRETE RiPE CULVERT ( 60" ) 142 I_F $9t.00 5'12,922.00 RYAN, INS UNIT PRICE AMOUNT ss,ooo.oo SE,ooo.oo RANGER CONSTRUCTION iNDUSTRIES. INC. AVERAGE UNiTPRICE AMOUNT UNIT~PRICE S2,EGO,O0 $5,~.00 $2,Q00,00 1~,6~0,00 52,331,67 $2,T00.00 $~,~.~0 $3,*/00.00 ' ~3,100.0~ $2,687.33 52,0Q0.0/~ 5~E,OOQ.O~ $2,400.00 $t9,200.00 $2,10t.00 58J00.00 $4,2(W,00 52,900.00 $6 B~O.O0 $2,21)0.00 519 8O0.0O 52 BO0.O0 $21S,200,00 52,E10.00 52,425,09 $19,400.00 $3,00~.~0 524;000.00 $2,941.~7 $I,e0o.00 $S,400~00 $2;200.00 $6,6d0~00 52,163.33 57,050,00 S3d,60O.O0 $4,800.00 $t9.200,00 $5 s'1.~m):o~ Ss~oo.oo $'1,*/oo.~ $3,3o0.~ 5'1,2so.oo 5t;2:to.00 s~,~o.oe $%600.00 ti,see.so S'1,4SS,S7 St,S20.00 S4.EEO.O0 $*/,'/00.00 $6,t00.00 $t,793.33 P,~,cI~JJECT NAME: LAWRENCE ROAD - GATEWAY BLVD. TO HYPOLUXO RD. PROJECT NUMBER: 95511 ITEM QTY. UNITS RC MORA ENGINEERING RYAN, INC. CONTRACTORS, INC. UNIT PRICE AMOUNT UNIT PRICE AMOUNT 45 TRENCH SAFETY COMPLIANCE ( 30" OR LEES ) 8.604 LF 46 TRENCH EAFETY COMPLIANCE ( · 30" ) 821 LF 47 MITERED END SECTION ( 24" } I EA 48 MITERED END SECTION ( 36" ) I EA 49 FRENCH DRAINS (18") { INCL BALLAST ROCK & FILTER FABRIC ) 197 LF 60 FRENCH DRAINS (24") ( INCL. BALLAST ROCK & FILTER FABRIC ) 809 LF TOTAL REGULAR ROADWAY PAY ITEMS CONTINGENCY ITEMS 7t ADJUST VALVE BOX & COVERS ( INCLUDES CONCRETE COLLAR 5 FA, 72 ADJUST AIR RELEAEE VALVE ~ AA 72 DEFLECT W.M. W/FITTINGS ( S" ) 200 LF T4 DEF~ E.M .W/FIT?INGS~ ( 8" ) , 200 LF 78 SUPPORT & PROTEC'~ ~.M. & APPURTENANCES {'16 ) 200 LF 78 ~UPPORT & PROTJ[CT F.M, & APPURTENANCEE (10") 200 LF 77 ~uppORT & PR0¥ECT BUR ED CABLE (SOUTHER BELL 100 LF 78 SUPPORT & PROTECT W,M. & APPURTENANCES (t6") 100 LF EO TY_P; _B~:EN_C_E ( 4'~ t~l.~ ) (VV~TOP RAIL) 600 LF TOTAL CONTINGENCY ITEMS TOTAL BID 84OO.~ ~.O0 86~.00 Se~.OO ~9.00 S~6~ S~2.00 $23,287.~ S7.70 S~S2:t~.~ S1.20 SO,80 $080.00 519.00 $~1,900,00 $26800 . 846.oo '~?f4o.dO ~ RANGER CONSTRUCTION INDUSTRIES INC. AVERAGE UNIT PRICE AMOUNT UNIT PRICE 52.10 S18,058,.4p Sl.J S2.40 5t,970.40 S3.6: S3,900,00 ~:~,~00.00 $t ,GSO,O( St~.20 . ~St,320.00 Slt.6; $47.:~ .. $~6,80 S16.30 $t.~,801.?0 $1T,4 $21 ..90 $t3,446.60 S22.3' $3~60 $18~ 2SO.I)O S3.2~ 2'of 8 $65,830.Q0 S49.200,00 ~0,492.00 $3,193,863.64 S38267,847.t0 $3,34§,868.06 PALM BEACH COUNTY ENGINEERING AND PUBLIC WORKS DEPARTMENT ROADWAY PRODUCTION DIVISION - BID TABULATION PROJECT NAME: LAWRENCE ROAD - GATEWAy BLVD. TO HYPOLUXO RD. PROJECT NUMBER: 95511 COMMUNITY ASPHALT HUBBARD CONSTRUCTION CORPORATION COMPANY ITEN QTY, UNITS UNIT PRICE AMOUNT UNIT PRICE AMOUNT REGULAR ROADWAY PAY ITEMS I MOBILIZATION I L8 S300,000.00 S008.000.00 S320.000.00 2 MAINTENANCE OF TRAFFIC ( INCLUDES PEDESTRIAN M.O.T. t LB $285,000~00 $205;000.00 570,000.00 570,000,00 3 NPDES COMPLIANCE (SEE SPECIAL PROVISIONS) I LS $2,000.00 52,~.80.00 $20,000.00 4 CLEARING AND GRUBBING I LB $320,000.00 $32~,~0~0 $353,0~0.00 $3~3,000,00 6 REGULAR EXCAVATION 28,755 CY $3.50 $1100,$42,00 $4,00 $tt5,020 00 6 EMBANKMENT { COMPACTED IN PLACE ) 29.660 CY $3~70 $t09,742.00 SE.GO $148 ~00 7 TYPE C STABILIZATION (FBV 75) 41`320 SY 5t.65 $68,t78.08 $2.00 $E2,640~00 8 SAEEROCK ( 8" ) ( 2 ~ 4" LIFTS ) 42,243 SY $6,75 52S$,t00.25 $6:00 9 TYPE S ASPHALTIC CONCRETE (AVG 3 $"] 7t92. t TN $40.t0 $288;403.21 10 TYPE S-El ASPHALT CONCRETE ( 1.0" ! $4t.00 $204 eTS. l~0 11 TYPE S-1 ASPHALTIC CONCRETE ( t.50" ) ES,S24 SY $2.05 $177.E79,20 $2:~8 59,642 SY S2.95 $175,648.90 ~3,25 $193,~1~1 60 12 CLASS I CONCRETE IINCLUDES REINFORCEMENT STEEL) 208 CY 5260.00 $82,000,00 $400.00 $53i2~0.00 t3 CONTROL STRUCTURES 2 EA 53,740,00 57,4B0.00 $4,7E0,00 14 INLETS ( CURB ~ ( TYPE P-t ) 2 EA $2,E85.~0 $5,170:00 52,800.00 15 INLETS ( CURB ( TYPE P-I ) ( >10' ) I EA 52,780.00 52,780.00 $3 200.00 16 INLETS { CURB ) ( TYPE P-2 ) ( >t0' ) I EA 52.8~.00 $2~8~0;~0 53.000.00 17 INLETS ( CURB ) ( TYPE P-5 ) E EA $2.t80.00 $t7,440.00 52;200,00 $17,600.00 18 INLETS ( CURB ) ( TYPE P-S ) (CONFLICT) 2 EA $2,640`30 S$.200.00 $3,20~.Q0 $6.4D0.0~ 19 INLETS (,CURB) ( TYPE P-E I ( >10' ) 9 EA $2,ESS,00 522~900.00 $2,?00,00 524,300.00 20 INLETS ( CURS ) ( TYPE P-6 ) 20 EA $2,290.00 S45.800.00 $2,400.00 $48,000 00 2t INLETS ( CURB ) ) TYPE P-6 ) {CONFLICT) 8 EA 52,790.00 $22,320.00 $4,900.00 $39,200.00 22 INLETS ) CURB ) ( TYPE P~; ) ( >10' ) 4 EA $~2,580.G0 $10.720.00 52`300.00 $tt,200,00 23 INLETS ( CURB ) ( TYPE S ) {PARTIAL) 3 EA $2,007,00 $8,180.00 51`300.00 56.4Q0.00 24 INLETS I CURB ) ( TYpE ~J-6 ) 4 EA .~,4~.~} $17~880.00 $3,500.~ 25 INLETS { CURB ) ( TYPE P-9 ) {PARTIAL) 3 EA 5t.025,00 $5,07S.00 $1,~0.00 $3,1~0.00 26 INLETS ( CURB ) ( TYPE P-9 ) (PARTIAL) (CONFLICT) t EA $1,370,00 $t,370~00 $2,309.00 52,000.00 27 INLETS( CURB ) ( TYPE P-9 ) 3 EA $t,S76,00 $4,725.00 $t PROJECt_ .~ME: LAWRENCE ROAD - GATEWAY BLVD. TO HYPOLUXO RD. PROJECT NUMBER: 955'1'1 PALM BEACH COUNTY ENGINEER NG AND PUBLIC W~KS DEPARTMENT ROADWAY PRODUCTION DIVISION - BID TI ~(.AT ON ITEM QTY, UNITS 45 TRENCH EAFETY COMPLIANCE ( 30" OR LES3 ) 8,604 LF 46 TRENCN SAFETY COMPUANCE ( > 30" ) 921 CF 47 MITERED ~ND SECTION ( 24" ) t EA 49 MITERED END SECTION (36") t EA 49 FRENCH DRAINS (18',', ( INCL. BALLAST ROCK & FILTER FAB 197 LF SO FRENCH DRAINS (24) ( INCL. BALLAST BOCK & FILTER FAB 309 LF 51 PIPE HANDRAIL (ALUMINUM) t058.5 LF 92 CONCRETECURB&GUTTER(TYPE F) 32.752 LF 55 CONCRETE VALLEY GUTTER 200 LF 64 CONCRETE CURB ( HEA~ER ) t90 LF 95 CONCRETE CURB(TYPE D) 934 LF SE TRAFFIC SEPARATOR CONC ( SPECIAL~ ) I VARIABLE W1DTH 19 LF 57 CONC SIDEWALK~ 4" THICK) 6,999 SY 59 CONC SIDEWALK t 6"THICK ) (DRIVEWAYEI 614 SY 59 RIP-RAP ( SAND-CEMENT ) 02 CY 60 TYPEBFENCE (6'HIGH)(W/TOPRAIL&BARB'61RE)INCL. t,934 LF 6t FENCE GATE (TYPEB) ( W/TOP RAIL) (12' WIDE) 2 EA 63 RE(~ORD DRAWINGSt SEE SPECIAL PROVISIONS ) I LS 64 STORMSEWERPUMPING[EXIS~ING)(24"ORLEES}(SEES. S.S00 LF 99 STORM SEWER PUMPING (EXISTING)(72") (SEE S.P.} 90 LF 66 I - 2" PVC CONDUIT ( SCH 40 ) (UNDER SIDE~NALK) 9.473 LF 67 t - 2" PVC CONDUIT { ECU 40 ) (UNDER PAVEMENT) 905 LF 68 LITTORAL pLANTINGS (SEE SPECIAL PROVISioNs) '; I~ CONTINGENCY ITEMS 7t ADJUETVALVEBOX&COVERB{INCLUOESCONCRETECOL $ EA 80 TYPEBFENCE (4'HIGN)~W/TOPRAIL) 900 LF 81 STORM sEWERCLEANIHG_(EXISTING { 24" OR LESS ) (SEE 3,500 LF 82 STORMBEWERCLEANING(EXISTING)(72") {SEES. P.) 90 LF TOTAL CONTINGENCY ITEMS TOTAL BID COMMUNITY ASPHALT HUBBARD CONSTRUCTION CORPORATION COMPANY UNIT PRICE AMOUNT UNIT pRICE AMOUNT $t.90 $16,347,60 $2.00 $17.200.00 $2.25 $t~847.25 $5.00 $4.t09.00 S995.00 s595,00 S700.00 $700.00 $3,585.00 63:585.00 $900.00 $900.00 S47.50 $9,357,50 $~900G~ S9.850.00 $97.09 $17.6t3.00 $23.4~ $24,768.90 $20.Q~ $2~,t?0~i~. $6.40 S209,612.80 $~6;~0 $t809~36.0~ ST.SO $;~$00.00 ss.es ~o~.Qo ~S.do. $t,00o:ee S19.00 S102.085.00 920:00 $t2.280.00 S364.00 S29.848.~0 S~*.00 S13,036.00 ~7 s4so.oo sees.os $6~,e0 $t~e~ 9t0.00 $900.00 . SS;GO SS3,048.60 s~s.eo $~2~o7s:oo i~s*~o S~,°?s.~ S9,O~S.O0 $8,000.00 $'1$,000,00 $t6,~000.0~ 93oo,oo $9,ooo.0o $3.339,869.19 S249.00 $t,229.00 s$1g. Oo $26.20 $5~2~0.00 926.2o $~,2~o.Oo S6;30 $t,260,00 S9.75 $1,150.00 $S.10 s510.00 S6,30 $630.00 S286.00 S2,860.00 S5.00 $3,000.00 $3,70 $t3,129.00 $22,00 $1.980.90 $38,760.00 $3,378,626,16 s~.oo $9,4S9.t31.eo PROJECT NAME: LAWRENCE ROAD - GATEWAY RLVD, TO HYPOLUXO RD PROJECT NUMBER: 95511 ~OTES: THE PAY ITEMS AND QUANTITIES. AS LISTED ABOVE, SHALL TAKE GOVERN OVER THE PLANS. ALL STRUCTURE BOXES ARE <t0 FEET IN DEPTH, UNLESS OTHERWISE NOTED, ~TEM #2 M.O,T. INCLUDES PEDESTRIAN M.O.T. IN ACCORDANCE WITH GP-tS. ITEM 55 REGULAR EXCAVATION INCLUDES 22.819 C.Y. OF DETENTION POND EXCAVATION. ITEM # 12 - CLASS I CONC. - INCLUDES A CONTINGENT AMOUNT OF 17; CY. ITEMS # 8-11.79 & 90 INCLUDES BITUMINOUS MATERIAL & TACK COAT AS REQUIRED. ITEM #37 (24" CMP) - INCLUDES COMPACTED FILL TO COVER, AS REQUIRED (SEE BP-8 FOR LOCATIONS AND SCOPE). ITEMS d38. f~ COST OI~ BREAKING INTO EXISTING STRUCTURES IS INCIDENTAL TOCOBT OF PIPE. ITEM # 51. PIPE HANDRAIL )ALUMINUM). INCLUDES A CONTINGENT AMOUNT OF 800 LF. ITEM # 60, # 61 & # 80 - )TYPE B FENCE) * THE MESH SHALL BE COVERED WITH GREEN V~NYL CLAD FABRIC, ITEM d62 (SODDING) - SHALL BE IN ACCORDANCE WITH GP-31 OF THESE SPECIFICATIONS. ITEMS ~66 & d67 -PVC CONDUIT~ (TRAFFIC) INCLUDE PULL BOXES & FITTINGS AS INDICATED ON PLANS ITEM 589 -(MIM&R)- REPORTS SHALL BE PAID IN FOUR (4) EQUAL INSTALLMENTS OF THE LUMP SUM UNIT PRICE. Working days to complete Three Hundred Sixty ( 360 ) calender days. 5of$ ***AMENDED*** ATTACHMENT "B' PROJECT NAME: LAWRENCE ROAD - GATEWAY BLVD. TO HYPOLUXO RD. PROJECT NUMBER: 95511 Mora Engineering Contra~ctors, Inc. IT-EM OUANTITY/UNITS UNIT PRICE AMOUNT REGULAR ROADWAY PAY ITEMS 17 INLETS (CURB) (TYPE P-5) ! EA 18 INLETS (CURB) (TYPE P-5) t EA (CONFLICT) DIFFERENCE BETWEEN 17 &: I/8 20 INLETS (CURB) (TYPE P-6) I EA 21 INLETS (CURB) (TYPE P-6) [EA ccoNFL1/CT) DIFFERENCE BETWEEN ~20 & 21 25 INLETS (CURB) (TYPE Po9) 1 EA 26 INLETS (CURB) (TYPE P-9) [EA (PARTIAL) (CONFLICT) DIFFERENCE BETWEEN 1 25&26 36 ADJUST MANHOLES 1 EA $ 2,173.00 $ 3,166.00 $ 993.00 $ 993.00 $ 2,611.00 $ 3,4O0.0O $ 789.00 $ 789.00 $ 1,450.00 $ 1,647.00 $ 197.00 $ 197.00 $ t.440.00 $ 1.440.00 REGULAR ROADWAY PAY ITEMS SUBTOTAL $ 3,419.00 ***AMENDED*** ATTACHMENT "B' PROJECT NAME: LAWRENCE ROAD - GATEWAY BLVD. TO HYPOLUXO RD. PROJECT NUMBER: 95511 Mora Engineering Contractors, Inc. ITEM CONTINGENCY ITEMS 71 ADJUST VALVE BOX & 5 EA COVERS ( INCLUDES CONCRETE COLLAR ) 72 ADJUST AIR RELEASE VALVE 5 EA 73 DEFLECT W.M. W/ 200 LF FiTTINGS ( 8" ) 74 DEFLECT F.M. W/ 200 LF FITTINGS ( 8" ) 75 SUPPORT & PROTECT W.M, 200 LF & APPURTENANCES (16") 76 SUPPORT & PROTECT F.M 200 LF & APPURTENANCES (10") 78 SUPPORT & PROTECT W.M. 100 LF & APPURTENANCES (16") OUANTIT~/UtqITS UNIT PRICE AMOUNT $ 290.00 $ 1,450.00 550.00 $ 2,750.00 30.00 $ 6,000.00 39.00 $ 7,800.00 13.00 $ 2,600.00 13.00 $ 2,600.00 19.00 $ 1,900.00 CONTINGENCY ITEMS SUBTOTAL $ 25,100.00 2 ***AMENDED*** ATTACHMENT "B' PROJECT NAME: LAWRENCE ROAD - GATEWAY BLVD. TO HYPOLUXO RD. PROJECT NUMBER: 95511 Mora Engineering Contractors, Inc. *ALT ALTERNATE NO. 1.- J-9 #1 PRECAST STRUCTURE WITH TOP SLAB PuND USF 5130-6036. "ALT ALTERNATE NO. 2.- J~9 #2 PREOAsT~oTroIs&AND TOP SLABS am) US~ '~t5o:6o1~: ~uILi rN VLaCil c0~C~i~ BvaCK sa~u~~. . .ITEM , :~' ,' OUANTITY ,/IJNITS:::: .' UNIT,,PRICE AMOUNT . ALTERNATE CONTINGENCY ITEMS 3EA $ 5.4tl.00 $ 16.233.00 3 EA *ALT ALTERNATE ~0. 3.- P-7 #3 [~REcAST cONFLICT MANHOLE AND'usF 170-X. $ 4,907.00 $ 14,721.00 *ALT ALTERNATE NO, 4.- P-5, P-6 OK P-9 PRECAST CONFLICT STRUCTURE W/DOT THROAT AND USF 5160~6310. 3 EA $ 4,057.00 $ 12,171.00 3EA $ 5,269.00 $ 15,807.00 ALTERNATE CONTINGENCY ITEMS SUBTOTAL $ 58,932.00 GRAND TOTAL $ 87,451.00 F or * AL T # 1, * AL T #2, AL T34 and AL Tff4 see attach ed the quomti on from Mora Engineering Contractors, Inc. dated August 22, 2000. F:LROADWAYIAGRMTE9551 I-AM.BBU-SUM.doc Mr. Carl R. Miller, Director Palm Beach County Engineering and Public Works ConstructiOn Coordination Division P'. O. Box 21229 West Palm Beach, F orida 33416-1229 Fax: (66~1)684~1~$ re.: Lawrence Road Gateway Boulevard to Hypoluxo Road Fa m B~ach County' Project No 95511 Pain1 Beach County, Florida subj: Conflict Structures Alternates August 22, 2000 Dear Mr. Miller: For you¢ consideration and approval, the following is the unit price cost breakdown to furnish and install conflict structures as required: Artemate No. 1.- J-9 precast structure with, top slab and J S E 5130-6016 1.- Precast structure, top slab and casting $ 1,462.00 3.-2" SteeIMisceliane°UScasing materia s s~nd. cement, brick, etc. $ 200.00 4:- Equipment and Labor $ 800.00 5.- Layout and as-buJlts $ 2.652.00 6.- M. O.T. $ 197.00 Total cost Alt. No. 1 $ 100~00 $ 5,411.00 Alternate No. 2.- J-9 precast bottom aha top slabs and U S F 5130-6016, built in [:lace concrete brick structure. 1.- Precast bottom, top slab and casting $ 1,037.00 2.- Miscellaneous materials sand. cement, brick, otc $ 563.00 3.- Steel casing 4.- Equipment and Labor $ 800.00 5.- Layout and as-builts $ 2,210.00 6.- M. O, T. $ 197_00 Totalcost Alt. No. 2 .$ 100.00_. $ 4,907.00 9600 W. Sample Rd, Sultc ¢0! · Coral Spring~, Florida 33065 (954) 752-8065 · Fax {954) 345-9268 Mr. Carl R Mi er, D rector palm Be~cb C~unty' ~ Eng{r~eerfng and Public Works Cons{~u~fion Coordination Division Conflict Structures Alternate Page 2 of 2 8/23/2000 Alternate No. 3.- P-7 precas~ conflict manhele and ,~1 S'Ed 70-X. 1.-Precast Manhole $ 1 086.00 2.- Miscellaneous materials sand· cement, brick, etc, $ 300.00 3.- Steel casing $ B00.00 4,- Equipment and Labor $ 1.574.00 5 - Layout end as-builds $ 197.00 Total cost Alt. No. 3 '~ ' $ 4.057:00 6310. Alternate No. 4~- P-5, ~-6. OR P-9 ,ereoast conflict structure wi DOT throat and U S F 5160- I.- Precast Manhole $ 1,562.00 2.- Miscellaneous materials sand. cement, brick, etc. $ 400.00 3.- Steel casing $ 800.00 4.- Equipment ~nd Labor $ 2 2'~D.00 5.- Layout and as:builts $ 197.O0 6.- M. O.T. $ 100.00 TotalcostAIt. hle. 4 $ 5,269.00 f we may be of further 'assistance or if there should be any additional information required. please contact me at your c~h~ehieh~e. Sincerely yours. MORA ENGINEERING CONTRACTORS, INC. .~' ~chel E Noury Vice President CITY OF BOYNTON BEACH 'AGENDA ITEM REQUEST FOI R~quest~d City Commission Date Final Form Must be Turned Meatin~ Dates ' ' in to City Clerk's Office R~que:sted City,Commission Meeting Dates [] July 18.2000 July 6, 2000 [5:00 p.m.) [] September 19. 2000 [] August i, 2000 July 19, 2000 (5:00 p.m.) [] October 4. 2000 [] AugustlS, 2000 August2, 2000 (5:00p,ra.) [] October 17.2~00 [] September 6, 2000 August I6. 2000 (5:00 p.m:) [] November 8, 2000 IV-CONSENT,AGENDA ITEM C.2 Date Final Form Must be Tttmed- in to City Clerk's Office September 7, 2000 {5:00 p.m.) September 20~ 2000 (5:00 p.m.I October 5, 2000 (5:00 p.m.) October ~g.2000 ¢5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing I-' Legal [] Bids [] Unfarished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve the proposed agreement and authorize execution of such by Resolution. Staffhas completed Professional Fee Negotiations with all four (4) firms and considers this agreement to be in the best interests of the citizens, residents and rate payers of the Utilities Department and the City. EXPLANATION: Per Commission authorization (Resolution No. R00-120) of September 5, 2000, the Utilities Department has negotiated the attached agreement with: Camp Dresser & McKee, Inc. CH2M Hill, Inc. Hartman & Associates, Inc. Metcalf & Eddy, Inc. This agreement and referenced attachments encompasses ali anticipated engineering services to complete the proposed Utilities Department projects. (See attached.) PROGRAM IMPACT: These contract services are necessary to meet the requirements of Bond Covenants for providing General Consulting Engineering Services to the Utilities Department for design services, pemfitting, bidding services, construction administration, and all miscellaneous engineering services for the areas of stormwater, public drinking S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH water, ~'~,astewater collection :a.n, &li~ansmissi0n,~ and~othef assignments }ogically tied to the~d~,j~l:6pn~ent, operation'~ ~imenance offi~ Ufi}i~y. '" FISCAL.~M~P~T: Expenditures. for. these service~ will;be allocated to the planned proj~ct~ 6~ii~e:Ufility. Eackprgject is t°i~ authoriZed'bY a Project Task Orde on, which Wi:l!l~e s?°n a~/prOv~pfior to execution. Funds are availab ' e:~ :'~venue' 0aaI~u~ Ut' '~ :eratRese~es, Renewal and Replacement, ana Capitai imPro~errlem Fund. }eparanent Head~s Signature Utilities Department Name City Manager's Signature City Attome3/~Fi~ance / Human Resources / Cc: Procurement Services w/aaachments City Attorney April Lamons S:~B ULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. RO0- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOUR (4) SEPARATE AGREEMEI~TS, BETWEEN THE CiTY OF BOYNTON BEACH AND CAMP DRESSER & McKEE, INC,; CH2M HILL; HARTMAN & ASSOCIATES,, INC.; AND METCALF & EDDY, INC. FOR GENERAL CONSULTING AND PROVIDING AN EFFECTIVE DATE. WHEREAS. Per, Commission authorization (Resolution No. R00-120), ~ated September 5, 2000, the Utilities Department has negotiated agreements Nith: Camp Dresser & McKee, Inc., CH2M Hill, Inc., Hartman & Associates, nc., and Metcalf & Eddy, Inc,; and WHEREAS, the City Commission of the City of Boynton Beach, upon ecommendation of staff, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to enter into an agreement with the four (4) above stated engineering firms to provide consulting ~ngineering work for the City's Utility Department, and to authorize the Mayor and City Clerk to execute said consulting engineering Agreements; 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 Joes hereby authorize and direct the Mayor and City Clerk to enter into Agreements with the following four engineering firms to provide consulting engineering work for the City's Utility Department: C. amp Dresser & McKee, lnc,. of West Palm Beach, Florida; CH2M Hill of Deerfield Beach· Florida; Hartman & Associates, Inc,~. of Orlando, Florida; and effective immediately upon ~assage~ 'CITY OF~BOYNTONBEACH, FILORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ~,TTEST: ;ity Clerk [Corporate Seal) BILL ATKINS, DEPUTY DRIECTOR OF FINANCIAL SERVICES PETE MAZZELLA, ASgrT TO THE UTILITIES DIRECTOR RFQ FOR GENERAL ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH, UTILITY DEPARTMENT ** ALL VENDORS MEET SPECIFICATIONS BIp OPENING DATE: MAY 18. 2000 recelvedtime,yasofthe above recelving date and time. BID OPENING TIME: 2:30 P.M. AII other offers submiffedlnresDonsetothls solicitatior~. BID #: 064-2821-00/KR ifany, are hereby rejected as late" VENDORS CA~P DRE§~ER & MC KEE NC. (~H2M HILL . HAR~TMAN & ASSOCIATES, NC i'~O"J BIsL~/I~I~R~"~0AD ' '~ 8'00 FAiRWA~'DRIVE 201 EAST PIi~E STREET SUITE 211, SOUTH SUITE 350 SUITE 1000 VEST PALM BEACH, FL 33406 DEERF ELD BEACH FL 33441 DRLANDO, FL 32801 (561) 689-3336 (954) 426-4008 1407) 839~3955 ..~_ - .,_ . ........ , ATTN: DONALD G MUNKSGAARD ATTN: THOMAS G. MC CORMICK ~,TI'N: JAMEs E. CHRISTOPHER QUALIFIER'S ACKNOWLEDGEMENT ' SUBMITTED YES YES YES ACKNOWLEDGEMENT OF ADDENDUM SUBMITTED N/A N/A N/A STATEMENT OF BIDDER'S QUALIFICATIONS SUBMITTED YES YES · YES ~UMBER OF RFQ RESPONSES SUBMITTED I ORIGINAL I ORIGINAL 1 ORIGINAL 12 COPIES 12 COPIES 13 COPIES ANTI-KICKBACK AFFIDAVIT ~ SUBMITTED YES YES YES qONCOLLUSION AFFIDAVIT OF PRIME QUALIFIER SUBMITTED YES YES , YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMI'CI-ED YES/NOT YES/NOT YES/NOT CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED YES YES YES COMMENTS ORIGINAL AND ONE COPY HELD IN PROCUREMENT SERVICES FOR ALL SUBMITTALS , RFQ FOR GENERAL. ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH, UTILITY DEPARTMENT "Offers from the vendors listed herein are the only offers BID OPENING DATE: MAY 18. 2000 recelvedtlmelyasoftheabove mceivingdate, and.time BID OPENING TIME: 2:30 P.M. Allotheroffers submitted in resoonse to this solictation BID #: 064-2821-00/KR ifany, areherebyrejectedaslate" VENDORS METCALF & EDDY ¢VEST PALM BEACH, FL 33401 :561) 833-8340 ~,TTN: ROBE~[O~S ,ORTIZ QUALIFIER'S ACKNOWLEDGEMENT SiJ~Mi'FrED ' YES ~,CKNOWLEDGEMENT OF ADDENDUM SUBMI'~FED NIA STATEMENT OF BIDDER'S QUALIFICATIONS SUBMITTED YES qUMBER OF RFQ RESPONSES SUBMITTED I ORIGINAL 12 COPIES ~,NT -K CI~B,'~CK AFF DAVIT SUBMITTED YES NONCOLLUSION AFFIDAVIT OF ~RIME QUALIFIER SUBMITTED YES CONFIRMATION OF MINORITY OWNED CONFIRMATION OF DRUG-FREE WORKPLACE SUBMITTED YES COMMENTS . ~R&e~!-A~.D~¢~ !~.:¢¢p~ H ~!_D I APPENDIX B AGREEMENT for GENERAL ENGINEERING CONSULTING SERVICES THIS AGREEMEiXF[ ~s entered into between the City of Boynton Beach, hereinafter referred to as "Citf', and Hartman & Associates, Inc., hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS,. the ,City ~ssuect:a. Request f0r~ Qualification ~vitation for general englneering services for the Ciiy :of Bo~tonBeach, Utility Department, REQ No. 064-2821- 00/KR; and . .~AS, RFQ No.:06~282:l-0Q ~/KR:defined g scopes.of f~ges £9r design services, permitting; bidding services, c°nstmction ~nistr~ition, and a~!:masfe!ianeot~s services for the areas of storm water, .public drinking water, and waste water collection and transmission; and WHEREAS, RFQ No. 064-2821-00/KR further defined the scope of services to include rate analysis, ~revenue bond, NPDES permitting, Clean Air Act~ cpmpliance, risk management, hazard assessment, ConSumer confide~nce complianCe, orgainzati0na~l, devet0pment and training, design-build construction eSpecially of.wate~ main replacgments~ other assignments logically tied to the development, operation and maintenance of the Utility; and WHEREAS, Consultant timely submitted its qualifications in accordance with the Request for Qualifications invitation, the City's procurement Code, and Florida Statute 286.055, the Competitive Consultants Negotiations Act; and WI-IEREAS} the City Administrative review team determined that Consultant was qualified for appointment to perform the scope of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on September 6, 2000, accepted the City Admin/stfation's recommendation and designated Consultant as one of four (4) qualified consulting firms to provide general engineering services to the City; and WHEREAS, the City Manager, through his administrative staff, has successfully negotiated an agreement with Consultant defining terms and conditions for the performance of engineering services within the scope of the Request for Qualifications invitation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true and correct. 2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general engineering consulting sermces under a continuing contract with the City whereby the CA-1 Hartman & Associates, Inc. APPENDIX B Consultant, on a non-exclusive basis. Under the terms of this agreement, Consultant, on written request by t~e City, will provide professional engineering services to the City for: B. C. D. individual projects in which construction costs do not exceed $500,000.00, or .-individual.,study .aetivi{y when. the fee for such ,-professional service does not exceed $25,0001~ or for eng~e~ring mork q~a s~p. eofied nature as hereinafter identified in the scope of de~ bui:~)r0j'ee{s TERM. This Agreement~as r~o fixed term. TIME FOR'PERF~ Worl~ nnder thr;s contract shall commence Upon the giving of and pr°Vide~//l~ W6/t'~ ~ai~r i~sa~t to thls ag/eenc/eni from th~ date written notice is given to proceed, tm!i~ a~:e~cte~i6fi of SUCh ~e is ~anted ih writing by the City. PAYMENT: The :Consular ~ll,bep~id by the city for completed work and for services rendered under th~s agr~eifi:~ht as f6~lows: ' Payment for the work provided by Consultant shall be made based on the hourly rares as provided on Exhibit ~'1~~ att~hed he~eto~ The h6u~ly rates shall be r~Viewed and may be adjusted armualiy at ~/ha request of tire Cofisultali~ ~md f3llowing approval by 'the ~ity. Approval of rate changes shall be by resolution of the City Commission. b. The Consultant ,may submit voUchers to the City once per month during the progress of the work for partial: payment for proj~ec~' complefed [0' date. Such vouchers ~v/ll be checked by the City,:~nd up°n appmv~'tt/efeo~i paymfnt:will be made to the ConSultant in the amount approved. c. Final payment Of any balance due the Consultant will be made promptly upon its ascertah~i~ent and ~rification by the City after the Completion of the Work un~ler this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, sm'vices rendered and for all materials, supplies, equipment and incidentals necessary ro complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representativ~ of the .City and State for a'period of three (3) years after final payments. Copies shall be made available upon request. CA-2 Hartman & Associates. Inc. APPENDIX B OWNERSHIP AN/) USE OF DOCUMENTS. All documems, drawings, specifications and other m~terials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not, The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. Any use of the documents ~or purposes other than as originally intended by this Agreement, with out the written consent of the Consultant, shall be at the City's sole risk. WARRJ City tha agreenc pro£ess enginee ~,.~:S ~}~EpRESENTATIONS. Consultant represents and warrants to the ii is competent ,to engage in the ~coPe Of seruices contemplated under this i~d th~i{,it Mn ~taln {md gssi~ ,quali~ed, profeSSionals toall assigned projects e and rela[ed s¢~nfces equal roi or e~J/ceedin the ~tandmd of e~r~ ~} )rofessmnal practtcmg under sirailar cond/tions. CO :MpL~CE WITH.~&WS,:' Cgns~lltan.t.. shalL.in p~ffonuing the services comemplated by: ,~j's sqi~$¢e~ agreement; fg~i-~.l~ observ~ and c9,mply with all federal, state and local laws, or~aaces and regtga '~tionSkh&t a~e appilcabl~ to ~e~ services to be rendered Under this agreement. 10. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion. : . th¢~pof,~., including. . attorneys. ,fees and costs, ~ing from injury or death to persons, mcinding :inJuries, slckness, disease or death .to Consdltant's own employees, or damage to property ocCasioned by a negligent act, omission or failure of the Consultant. Neither party to this Agreement shall be liable to any third party claiming directly or. through the other respective party, for any special, incidental, indirect or consequential damages of any kind, includiI!g but not limited to lost~ pro,ts or use, that may result from this Agreement or out of the serv/~es'or goods furnished ix~r~der. ' ' 11..I~.SURAN~E. The Consultant sha/l secure and maintain in force throughout the duration of tins contra, ct comprehensive general liability insurance with a minimum coverage of $1,000,0001 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per oc~c~.urr~e~n_q?i~_g~gate for property damage, and professional liability insurance in the amount oI $1,ot)l),O00. i:he general liability policy shall' include the City as an additional insured and shall include a provision prohibiting cancellation Of the policy except upon th/rty (30) days prior written notice to the City. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days ofexecutiun of this agreement. 12. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant m this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant CA-3 Hartman & Associates, Inc. _ . ~,~, APPENDIX B shall be entitled to any benefits accorded City employees bY virtue of the ~.services provided under this agreement. The 'City shall not be responsible for withhold~g br othci'wise deducting federal income tax or social security or for contributmg to the s~i~te ~ndusmal insurance program, otherwise assuming the duties Of afl employer with respect to CoII3ultant, qrany employee of Consultant. h~as not for the Consultant, fin its the full }TB The Consnlta~,.t,, wi} rega~fl~o~theit_l~r ~,:°?~ir?~o ~rmed by I TIO PROM ~, , 14. D S ~ ~ ..... ~ ,-,-.~; ..... ~, ;-~ ~ ,~, }~, ~ - , ona} on ~d~e · p y - · 15. ~SIG~NT. ~e Comuit~t sh~l not s¢~!et, or ~si~ ~Y qf the semites covered by mis ~ee~,Wi~hout ~e e~fe~'~¢~ ....... ~ ,~ · ~mo xxi,~,,~ ~v:th~ City of:my ~rohsion o~ ~s -a~eement or ~y ume ' · - - ' "': ' of~ ~ o~ romslon ' ifati~n ~o~i~ed fOr in ~is ~eem~t, ,~q not constitute, ,, a WmV~. ~ . P 17. TE~ATION.. ' : ' t to ~e~at~ ~S a~eem~t at ay,me by ~ving t~ (10) m The C~ty msc~ ~e n~ days wfiaen notice ~o the Consult~t. b. h the event of~e ~a~ of a mmber, p~er:or officer of the Consdt~[, o~y o~ its, SUP~[~ p~So~el ~si~ed io ~e project, ~e s~img memb~ of h~e~ ~'~:~: ee ~o'comp!ete ~i w~k ~der b~iW.' ~s s~fion,~ shall not be'a b~ to rene~ofiafioem of ~sa~eement be~een 80 s~ng membem of~ Consult~t ~d ~e Ci~, if the City so chooses. c. ~e Consulmt rescues ~e fi~t m t~nate ~s A~eem~t by ~ving ~ (30) days ~ notice to ~e City. 18. DISP~S. ~Y dispute ~sing. out.~f t~e t~s Fl~da Law. .associates. [nc. CA-4 APPENDIX B 19. NOTICES. Notice~ to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 BAOynton Beach, FL 33425-031,0 ~: Kmrr Bressner, City Manager Notices to Consultant shall be sent to the following address: 20. INTEGRATED ~GR.E~EMENT.; This agreement, together vdth attachments or addenda, represents the entfire,.,ai:id integrated agreoment between the City and the Consultant and superSedes'all prior, ~gotiations, representations, or agreements written or oral. This agreement may be; ameffded only by written insmnnent,sig~ed by both City and Consultant. 21. TERM: This Agreement for continuing services shall have an open term, subjedt only to the termination provisions set forth in Paragraph 17 above. DATED this day of 20 . CITY OF BOYNTON BEA~CH Mayor Consultant Attest/Authenticated: Title City Clerk Approved as to Form: : .(Corporate Seal) Attest/Authenticated: Office of the City Attorney Secretary Rev. 8/22700 9/16/00 9/21/00 s:caxagrXGeneral Eng092 100 CA-5 2 3 9 ? 01044 Utll01es 89 01038 Utilities 87 01042 Utilities 04 1~9~ Rev. Bdnds 1996 Ray. Bonds 1996 Rev, Bonds 1906 Rev. Bonds 1996 Rev. Bonds 1996 Rev. Boods GenemlRese~es GenemlResa~es R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R Swale Reaevelopmenl City W~de 12.993.000 APproved Oowntown Slorrnwater Improvements Phases 2 & 3 4.333.000 Approved West Water Treat~eat Plant 4 MGD Uprating Phase 3 0,661.000 AoDroved Costa Belle Stomlwater Management 60D.0.~t Approved AOditiortal ASR 3 MG Tank 600.000 Mains to Phase Out Pdvate Wells 126.000 14,974.090 200,000 258,000 Page 6 7 01044 01038 01042 01041 01045 01046 01037 01039 01048 01043 01052 01050 01047 01051 Exhibit "A" Project Grading Department Score Descdpilon Amount Comm (tOtal live yrs,) 2,206.000 515.000 424.000 1.030,000 1.000.OOO 200.000 53.000 32.000 258,000 Page1 t0~ Rev. Bohdi 1996Re~ Bond~ GeneralReserves GenerarResewes General Reserves General Reserves 1996 Rev, Bonds 1996 Rev. Bonds GeneralResewes 1096 Rev. Bonds 199~ Ray. Bonds 1996 Rev, BondS GeReralRese~ves GenemlResewes R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R Mains to Phase Out Private Wells 125.000 ASR Well 381 14.874,000 SEP 15~00 14:53 FR NETCALF EDDY 954 458 51[~ TO 45091561742~298 P.03 EXHIBIT B TABL~ ! ~. OTZi~ Di~CF COSTS 154 - 75 70 47 029 $/NIII. E PHOT~ $ 0_ 1 ~ S/COPY ~ t~x ,'AUTOCADD TIM~ $ 3.50 PAGE. EXHIBIT B HARTMAN & ASSOCIATES, INC. HOURLY RATE SCHEDULE CITY OF BOYNTON BEACH G.C. Hartman Principals Senior Manager Senior Eng~nee~/Hydrogeologis! Division Manager Engineer/Hydrogeologist VIII Engineer/Hydrogeologist VII/Senior Project Manager ~ngineer/Hydrogeologist VI n~inee~-fI-I~drogeologist V Engih~er/Hydr°geologist 1V Eng/neer/Hydrogeo logist III Engineer/Hydrogeologist I/ii Senibr Scientist scientist Science Teclmicffan Sen~r, ]Vmnagement Consuttam Mat~nt C6nsultant seni¢_r t~m% Atm!yst Rat~ AnalySt - Rese~eh:Analyst Senior Inspector, Inspector Technician IV Support ~uppoa $235.00 $185.00 $175.00 $160.00 $145.00 $130~0 $120.00 $110.00 $95.00 $90,0Q $80.00 $70.00 $120,00 $85.00 $65.00 $13p.oo $95.00 $65~00 $90:00' $70.00 $80~00 $60~00 $90100 $85~00 $75,00 $80~0 $65~0 $60.00 $55~00 $70.00 90:do, $8 90 ,4 oo Effectiv, b;~i~teg,. ; .:,-,~ July 6, 2000,. (These hourly, rates will be in effect, for three -years and ther'~.~.· · may be adjuste~ to ~tlect changes m the various elements that comprise them). Payment is due u~o~eeceipt of invoice' Pa~t du' ' · i~ asr e mvo{ces (31 days or more from invoice date) will be increased by 1.5% per, month, or the ma~im~allowed by law. [/Wordproc/2000/0ff-19?.mk/hourly.mtes/3hrlyr tr.2 .doc APPENDIX B AGREEMENT for GENERAL ENGINEERING CONSULTING SERVICES THIS:AGREEMENT is entered into between the City of Boynton 8ea~c,,h, hereinafter~referred to as "CifyV~ and Metcalf & Edd¥~ hereinafter referred to as "Consultant, in co/~iderati~)n of the mutua~-:benefits, terms, and condmons heretnaf~er specified. ' ~ :.WI-tE~, the City issued a Request for Qualificatign~ ?~i~at, i~n: f¢~: ,general ~m'n~'s6rviees for thebity of:Boynt(m Beach, Utility Depmqm~t~?~i~} 9~}:2821- i ~ ?/~EAS; RFQ-No 064-2821-00/KR defined a scope ofs~c¢~,~,r.~ 3~v~ces, >idding services, constmc'aon administration, and ~l,~i~ for the areas i5~ m water, public drinking water, and waste water collectm~i; ~.~ ~REAS, RFQ No 064-2821-00/KR further defined ~e ~9~i~ ~ include rate ~ ~, rex(enue bond, NPDES permitting, Clean Air Act com?~:,~ ge.m.ent, ssment, Consumer Confidence compliance, orgamzanonal ~ev~e ~atmng, t construction especially of water man replacemems and 0~eg ~10g~cally tied t(~!~ ~velopment, operation and maintenance of the Utility; and ' ~;~g Consultant timely submitted ~ts aualificaUons ln-a¢corc~¢a.~th th ~> .... x~-~: r~,oua,-o*;~,ns invitation the City's nrocurement Code, and Flonda. S~286.055, the C~fifive Consultants Negotlattons Act; and ~ ' '~ i was .~AS, the C ty Administrative review team qualiff~or appointment to perform the scope of services set for (~uali~ ns invitation; and [~rAg the City Commission on September 6, 200O;:~acqe~?~li ~e C~ty Admi~on's recommendation and designated Consultam as one ;~t~f6Ur~ {4}~quahfied con sro provide general engmeermg sermces to the Ctty, and. · ~ · ~EREAS, the City Manager, through his administrativ~ ~.[.~,f,, h~' ssccessfully ,,~ati~ ~hn a~reement with Consultant defining terms and condifiogs i~;the ~e~f~ance of engine~ services within the scope of the Request for Quahficatmns ~nv/.'~ ? ~v, THEREFORE, in consideration of the mumat coven.s.. ~ e.~pressed~ , herein, the 1. ~RESENTATIONS: The representations set forth in foregoing wh~ereas clauses are u-ue an~Orrect. 2: PROJECT DESIGNATION. The Consultant is retained by ~the, C-i~ to perform general engiaeering consulting services under a continuing contract with the C~ty whereby the CA-1 Mctcalf & Eddy APPENDIX B Consultant, on a non-exclusive basis. Under the terms of this agreement, Consultant, on written request by the City, will provide professional engineering services to the City for: A. individual projects in which construction costs do not exceed $500,000.00, or B. individual study activity when the fee for such professional service does not exceed $25,000, or C. for engineering work of a specified nature as hereinafter identified in the scope of s~ces and as requested by ~he City with no time limitation, or D. design build projects SCOPE OF SERVICES. Consultant agrees to perform engineering services on specifi~t projects at the request ~of the City during the term:of this agreement, including t_he provision ~f~tl labor, materials, eq~men~ and,s,u~,,plies. The stieeifi~d projects which m~y b~ assigned to Consultant areset, forthon Exhibit A .. ConSUltafit ackno'~ledges that it iS o~'e of four (4) co~nsulting:firmsSwilieh:will be assigned projects.listed rm Exhibit "A" and tl~at ~the City ha~ made no representation or pmm~se regarding which projects or:the:number ofprojec~t~ will be assigned to ConSultant. 4. TERM. T&is Agreement has no fixedterm. 5. TI2ViE.FOR PERFORM2MNCE. Work under this contract shall cormmence upon the giving of written notice ~by the City to the Consultant to proceed. ConSultant shall perform all services and pray/de a~l W°rk pr~e[uct required pursuant m this agreement l~om th~ date written notice is g~ven to proceed;unless an extension of such time is granted in writing by the City. 6. PAYMENT.: The ConSultant shall be paid:by the City for completed work and for services rendered under this agreement as follows: Payme~lt for the, work provided by Consultant shall be made based on the hourly rates as provided on Exhibit ~B' attached hereto. The hourly rates shall be reviewed and may be adjusted annually at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. b. The Consultant may:subn-dt vouchers to the City once per month during the progress of the wo~ for'partiaL payment for project completed to date. Such vouchers will be checkedJbM th~ City,i.~ upon approval thereof, p~yment Will: be made to the Consultant ha the amo~mt;appro~ed. Final payment of any balance due the Consultant will be made promptly upon its ascertainment:and verification bythe City after the completion of the work under this agreement anr~ its acceptance bythe City d. Payment as ~ovided ha this section shall be full compensation for work performed, services,i'and~ed and*tbr all materials, supplies, equipment and incidentals necessary to complete the Work. The ConSultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after £mal payments. Copies shall be made available upon reques[ CA-2 Metcalf&Edfly APPENDIX B 7. OWNERSHIP ANI3 USE OF DOCUMENTS All documents, drawings, ~pecifications and other materials produced by the Consultant m connection with the services rendered under this agreement shall be the proper~y of the City whether.the project for which they are made is executed o~-not, T~he~Consultant ,shall be p~rmitted to~et~ copies, in,eluding reproducible copies,i of drawings and spe¢ificationslfor information, r~efemnce a~d~use in connection with Consuka~s ~adeo,vo~s. ~ user,f ,the d6cuments £o~;:purposes :Q~er~.thfin as 'originally intended by this,Agreem/ent~wit,h out the written consent¢~of the,ConSultant; shall be at the City's sole risk. 8. WARRANTIES'~AND REPRESENTATIONS: Consultant represents ,and warrants to the City ~t~ it~;J~)?~mpete~,,to ,~age?~2 the sc.o~ Of' sera, eS, ¢og~e,mp,lated u~der this ~ia~d}3hat>~}i~ ~e.'tai~i: ~{L ~s~g~ gual/fi~ .c~d ~ ~p~.~,~nal~: :~o :~1: ~sig~ed: prOjects mee~iO~ e~eefii~/~i~ad;.retate~,,~errdees~qa~,to:.O~/~excee~ngi~e~,st~djurd of care for engineerh-~gpm~ess/onalpra¢~t em~.~:~milar 9o/~dS~ons~ 9. COMPLIANCE WITH LAWS C0nsultan$ sha~l~ in performing 'the ger~!~e~ c0nte~plated bv this service agreement; faithfiilly 0bsem~;a~d ~0mp~3ri.:~ith!ia!~¢q~ ~tate~:anff4ocal l~wS, ordinances ~md-regulafieng thatar* appelea~0j~* tO the: se~¢es to be rend~d Under this agreement: '* ' ' ' ' ' 10.. its 5 or any 11. inc~ud/ng ~ to ~arty property other to , kind, out of the this of~ prior written in force throughout the duration of of per tlnoun~ thirty (30) days Sairl cra-nmi li~hiligv ;halley shall name the'.Gi~,ot' Bo,retort iBeach ~ ~ additional nmed ins~ ~d s~)~ciude a~pr~si~p[~bi~g c~ce~l~og ofs~d pokey exert upon thi~v (30~ d~ nff~e~ ~fi~i0 ~ ~i~y: Ceffifie~s 0fcovCmge a~requk~ by ~s section sbal b~& d~ea~to ~Ca~;~i~ fi~.(:lS) days ~f ~ec~uon o~s a~eemCnt. 12. INDEPENDENT CO~TRACTO~ The Consultant.and the City agr~e!,t;hat ?.e .Co~njultant IS an indelxmdent .e6iitt~tor With fgspec~t:tg, the :set'vines promded p~g ~an.t, to ~t~s a,greement; ~,~*hln*'in this 'a~&ineb_t ghatl be-c~nside~ed to create the relati,~nship Olr employer ana employee betwee~ tile p~art~es~he~eto: ~ ~-Neither Consultant nor any employee of Consultan CA-3 Me~f&Eddy APPENDIX B shall be entitled to,any benefits accorded City eh~ployees by virtue of the servmes provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consukant, or any employee of Consultant. 13. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consukant, to solicit or secure this contract, and that betas ri'or paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, comnnssion, percentage, brokerage fee, gitls, or any other consideration contingent upon or resulting fi.om the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct fi.om the contract price or c'onsiderati~)n, or otherwise recover, the full mount of such fee, commission, percentage, brokerage ['ee, gift, or contingcmt fee. 14. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of~ any physical or sensory handicap in the selection and retention of employees or procurementtofmaterials or supplies. 15. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 16. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 17. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surv~ving members of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving thirty (30) days written notice to the City. 18. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, tiffs agreement shall be consumed under Florida Law. Metcalf & ~ddy CA-4 APPENDIX B 19. NOTICES, Notice~ to the City o~ Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beact~ FL 33425-0310 Att~:: I~urt B~ssner, City M~ager Notices to~ Consultant shall~b~:sent to the following address: 20. INTEGRATED:AGREEMENT. T.hi.'s agreement, together with attachments or addenda, represents the entire .and integrated ~agreement between the City and :the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be 'amended only by written instrument signed by both City'and Consultant. 21. TERM: This Agreement for continuing services shall have an open term, subject only to the termination provisions set forth in Paragraph 17 above. DATED this day of 20 CITY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title City Clerk Approved as to Form: (Corporate Seal) Attest/Authenticated: Office of the City Attorney Secretary Rev. 8/22 O0 9/16/00 9/21/00 s:ca~agr\G~neral Eng092100 Metcalf & Eddy CA-5 APPENDIX B AGREEMENT for GENERAL ENGINEERING CONSULTING SERVICE~ THIS AGREEMENT is entered into between the City Of Boynton BeacH, hereinafter referred to as "City", and Camp Dresser & McKee, Inc.. hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, the City issued a Request for Qualifications invitation for general engineering serViCes for the ~ity oi: Boyntoh Beach, Utility Department, RFQ No. 064-2821- 00/KR; and WHEREAS, RFQ No.' 064-2821-00/KR defined a scope of services for design services, penmttmg, bidding services, construction admnnstratton, and all miscellaneous services for the areas of storm water, public drinking water, and waste water collection and transmission; and WHEREAS, RFQ No. 064-2821,00/KR further defined the scope of services to include rote analysis, revenue' bond, NPDES permitting, Clean Air Ac~. compliance, risk management, ~r~nd' ~.s..,e~ss~m_bn_!, C.o. nsumer C.~n~ de, rice comp~ance, organizational development and training, ~l-uunu construcuon espec~any ozwater mare replacements and other assignments logically tied to the development, operation and maintenance of the Utility; and WHEREAS, Consultant timely submitted its qualifications in accordance with the Request for Qualifications invitations the City's procurement Code, and Florida Statute 286.055, the Competitive Consultants Negotiations Act; and WHEREAS~ the City Administrative review team determined that Consultant was qualified for appointment to perform the scope of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on September 6, 2000, accepted the City dmlmstratlon s recommendation and designated Consultant as one of four (4) qualified consulting firms to provide general engineering services to 'the City; and WHEREAS, the City Manager, through his administrative staff, has successfully negotiated an agreement with Consultant defining terms and conditions for the performance of engineering services within the scope of the Request for Qualifications invitation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true and correct. 2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general engineering consulting services under a continuing contract with the City whereby the CDM. ln¢ CA-1 APPENDIX B Consultant, on a non-exclusive basis:, Under ,the terms of this agreement, Consultant, on written request by the City, will provide professional engineering services m the City for: A. individual projects in which construction costs do not exceed $500,000.00, or B. individual~study~aetivity when,~he fee for such professional service does not exceed $25,000, or .... C. for engine~gwork of.a ~pocmed na ~:t~:e_ ~here~.aft~r ~d. enUfied,m the scope of ~e~i~e~ ~S r¢gi~ested by the City With no time armtauon; or . D. de§ign b~li5 prdje~ts' .... ' SCOPE OF TC (4) has that 4. TERM. This Agr, e,~emcn~.h~.ne fixed term. :~ ,~ ,,^~ ~,:;~h~,~,ii~ th. ~'COnsultant to procee~L~Onsmmm snan pe~orm ....... ~ '~ '.4': ~1 '~}~h¢i/:w~ ~rh'cl$~i~t .re0uir '~ursuant toua,edr_ thts agreement from the . c~ate ?lutten not~ce is g~ven to proceed, unte~s an~extenston of such tnue ts granted ~n writing by the C~ty. : . : ' t for com leted work and for services PAYM~ElSlT.; The:Consultant shall be prod ,by the Cry . P 6. · : "' · - 'S rendered under this agre~nt as follow .... nro¥' d bv Consultant shall be made based on the hourly rates as a. P,~ ent for the work ,.__.~de ?~:~) .... ~'--'~:* "~" ~';~-h~d hereto The hi~urlv rates shall be revtewed and may be adjuste~i annually at the request Of the Consultant. and.. following approval by the C ty. Approval of rate changes shall be by reSolution of the City commission. b. The. C6nsultant may submit vouchers to the City once per month during the progress of the w°r~'for P~al 'Payment for pro~ect completed tO date. Such vouchers will be checked by the ~i~y, ~u(i ~pon approv~ thereof~ payment will be made to the Consultant in the amount approved. c. Final' pa~ym~nt'6f any balance due the Consultant will be made promptly upon its ascert~ent '~ ve~ificafi0fi by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed., services rendered ~d~ for all materials, supplies, equipment and incidentals necessary to comPlete the work. The Consultant's. re~ords and accounts pertaining to this agrec~uent are to be kept e. o,,~.~hl,~' far intuition by f¢oresentativeS of the City and State for a period of three (3) years after final p~ytffents. Copies shall be made avmlable upon request. CA-2 CDM, APPENDIX B O,WNERSHIP ~ USE OF DOCUMENTS. AI~ documents, drawings, specifications and omer materials produced by the Consultant in connection with the services rendered under this.agreement shall be the broperty of the City wt~ether thb project for which they are made ~s e.xecuted or not. The Consultant shall be permittkd to retain copiesi including reProducible cop~es,' of drawings and specifications for information, reference and us ' ' ' Consultant's endeavors Any use ~,4, ,h~ ~ ........... e m connection w~th ~a[teyn, sd~dolbe~i~s Agreementfw~th ~,'~h~e 7r~3enenct~n~e°~tPofU?t~e~0°nOlsuel;antt t.lt~, sh~1 °b~a~eY 8. WARRANT[ES AND REPRESENTATIONS. Consultant represents and warrants to the City that it..is .c°mpetent: · to -engage. in. the scope of services contemplated under this ~t~e~ ?e~_t ~d tha~t.ff. W!ll retgm .and~asstg.rt. quali~ed professionals to all assigned ro·ects muig m~ term oztmsAgreement. Uonsultant ro · ' ·. ' · - - -r- .-'-~ ~uan meet a stanaara of care for P fessmnaI eg3gmeenng and related services eouall to ' e,,,,;,~:_2___~- . , -, .,.-. , . . , or exceedmg the standard ofceae for · ,~,,,,~,,,m~ tJ~m~SSlOnm pracucmg unaer sllmlar conditions. COMP~Lad~,CE WITH gA~.W.S. Consultant shall in performing the services contemplated by this servic, agreement,. ,faithfully obserVe and comply with all federal, state and local l~ws, ordinahces~/md i, egUlations that are applicable to t~e services to be rendered under this agreement. 10. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, fi.om and against any and all claims, losses or liability, or any portion, thereof, including attorneys fees and costs, mUsing fi.om injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use, that may result fi.om this Agreement or out of the services or goods furnished hereunder. 11. iNSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minnmum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance m the amount of $1,000,000. The general liabili[y policy shall include the City as an additional insured and shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to the City. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 12. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant ~s an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant CDM, Inc CA-3 APPENDIX B shall be entitled to 3ny benefits accorded City employees by virtue of the servtces provided under this agreement. The City sha}l not be responsible for withholding or otherwise deducting federal income tax. or social: security or for contributing to the state industrial insurance program, otherWise assuming the duties of an employer with respect to Consultant, or:any employee Of Consultant. not >en~ioyed for the Consultant, to any its · to tire'Work erformed by DISC .TIO[4 rROUm!~ED. ~. ~, ....;; ~, a~. f~ ~en e~ ~ fl~ ~mthe ~d'ret~o~ 0f~pioyees 15 ASSIG~NT The Consult~t sh~ ~ sublet or assi~ ~y ~f ~e se~ices cov~ed by ' ' ' ' efft ~ut the e~ss ~t[~ c~ns~t m:~e. Cit/. this a~em 16 NON-W~ER '~W~v~ by ~e City bf my:pro~si0g'of~is .a~e~ent or ~y t~e li~taion pr0~de6~for i~s a~ment shgt not:con,irate a ~g~er of ~y other prowsmn. 17. TERMINATION. a. The:~Ci~:reserves the right to ternfinate:this agreement at anti/time by giving ten (10) days written notice to the Consultant. b; In the event 0fthe death of a memher~ partner or officer of the Consultant, or any of its supervisorypersonnet assigned to the project, the surviving members of the Consultant hereby agree to;complete the work under the terms of this agreement, if requested to do so by the City; This section shall not be a barto renegouations of this agreement between surviving members of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving thirty (30) days written notice to the City. 18. DISPUTES. Any !dispute arising out of the terms or conditions of this agreement shall be ; d · '; ' : the courts of Fl0rida~ Further, this agreement shall be consu'ue under adjudicated wathi~ Florida Law. CDM, Inc CA4 19. NOTICES. Notice~ to the City of Boynton Beach shall be City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 At'm: Kur~Bressner, City Manager Notices to Consultant shall be sent to the following address: APPENDIX B sent to the following address: 20. INTEGRATED AGREEMENT. This agreement, together w/th attachments or addenda, represents~ the 'entire and integrated agreement between the City and the Consultant and supersedes all. prior :negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. 21. TERM: This Agreement for continuing services shall have an open term, subject only to the termination provisions set forth in Paragraph 17 above. ' DATED this __~ day of 20__. CITY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title City Clerk Approved as to Form: (Cmporate Seal) Attest/Authenticated: Office of the City Attomey Rev. 8/22 00 9/16/00 9/21/00 s:ca~agrkGeneml Eng092100 Secretary CDM, Inc CA-5 Page I 5 9 1(] CIP Project NO, 87 84 68 56 52 52 43' B 23 Swale Redevelopment Cl~, V'~Ide Downtown StOrmw~t~' I~l~rovellleflto Phases 2 & 3 1~9d I~ev. Bonas 1996 R~v. Bm'ids General Reserves Gen ~irel Resewes 1996 R~. 8ends ~9~ ~v. Bonds t996 ~v. General Resales R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R R&R East '~VTP Site Impmv ,emen{s~ C~mb}rked '~reiime~t Study Convert ~y ~lt L~ ~te~h~' ' SW 4~ A~nue~o ~e re~a~dlretl~~ & OilieSt S~amtor ~l~a S o~a er M~lnte,an~ E~lp~nt DIW Repal~ .... ~ ' Slua~e p~mp Repl. ~m~ East ~P 2Near) 769.000 78.000 556,000 137.000 $0,000 14,874.000 SEP, 19. ~08i) 1: M0.418 EXHIBIT B CAMP DI~SSER & Melee 12¢¢. SCHMDUL~ OF ILrLLtNG RATItS FOR CITY OF BOYNTON BIDkCH ~I~]IWG SI~RVICE$ CATEGORIES: OFFICER TECHNICAL SPI~CIALST PRO. CT D~gCTOR SENIOR ~/S~ PROME~IONAL H PRO~SSIOMAL l S~OR S~PORT S~ ST~ S~PORT SER~ SE~OR ~LD PRO~S~AL ~LD PRO~ONAE CLERICAL HOURLY RATE $144 $138 $I23 $78 $6;' $99 $61 $92 $?9 L Billh~g rates shall be reviewed and may be adjusted armuall¥. 2. For lump sum projects, billlug rates shall be used as the basis ~or con~ra~ amounts, developing lump sum 3. Subcmasultamt costs shalI include a lO-percent mark-up. _ APPENDIX B AGREEMENT for NT is enterect into between'~ City of BoYnton.Be~c,,h,.herem.at}, ~f~e_f_err3d~; TH~S AGREEME ~ ~ " t - ~n consmerauuu ,,,~:,_,, ~.~ ,-,,J.~a Hill lnc, hereinafter teferrefl to as Consuttan mumafbenefits, terms, and condiUons hereinafter sp~,~. . ~ C~* issued a Request for Qualifications invitation for general WHERJ3AS th ' y ~ ' ': t RF No 064-2821- enggneenng services for the Ctty of B6yntma Beach, Utility Departmen, Q · 00/KR; and RFQNo. 064-2821-00/KR defined a scope of services for design servmes, WHEi~AS, · .... ~--:-:~*mfio,, and all ~miscetlane~us services for the oermitting; bidding servmes, construcuon am,~? ~7. _ 7~nk;.;40n an&ffalismission; and ~ ~': a-'nkin- water, ana waste water areas of storm water, puollC on :No. 064-2821-00 KR further defined the sc?.e of se.~ices to inc_lu__d,e WHEREAS, ~Q , ,~,~,~,e ~.~m4,,o Cle Air Act compnance, nslc managemem, ra~e analysis, revenue ~ona,~ i-~r~?o v~ .......... % ___ane or amzattonat'" '! "der' element and training, hazard assessment, Consumer C. onfide_nce co_ra~p..h:'.~anf~: ~ : i design-build construction espemally of water mmn repl.ace.m~.e.~s and;other as~.~gnments logtcatly fled to the development; Operation and maintenance of the Uunty; and WHEREAS, Consultant timely submitted its qualifications in accordance with the Request for Qualifications invitation, the City's procurement Code, and Florida Statute '286.055, the Competitive Consultants Negotiations Act; and WI-I~REAS, the City Administrative review team determined that Consultant was qualified for appoint~tent to perform the scope of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Comnnssion on September 6, 2000, accepted the City Administration's recommendation and designated Consultant as one of four (4) qualified consulting firms to provide general engineering services to the City; and WHEREAS, the City Manager, through his administrative staff, has successfully negotiated an agreement with Consultant defining terms and conditions for the performance of engineering services within the scope of the Request for Qualifications invitation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the . parties agree as follows: 1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are tree and correeL 2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general engineering consulting services under a continuing contract with the City whereby the CA-1 CH2M Hill APPENDIX B Consultant, on an, on-exchisive basis. Under the terms of this agreement, Consultant, on wmten request by the City, will provide professional engineering services to the City for: A. individual projects in which construction costs do not exceed $500,000.00, or B. individual study activity when the fee for such professional service does not exceed $25,000 or C. for engineering work of a specified nature as hereinafter identified in the scope of services and as requested by the City with no time limitation, or D. design build projects SCOPE OF SERVICES. Consultant agrees, to perform engineering services on specified projects at the request of the City during the term of this agreement,-inchidin th ofalltabor materials,, ecluil~ment and.~n~nti~,- m~ .... . g e provision ' ~ ...... ~-~.~. zne specmea projects which may be assigned to Consultant are set forth~on Exhibit "A". Consultant acknowledges that it is one of four (4) consulting frans which will be assigned projects hsted on Exhibit "A'? and that the City has made no representation or promise regarding which projects or the number of projects that will be assigned to Consultant. 4. TERM. This Agreement has no fixed term. 5. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of Written notice by the City to the Consultant to proceed. Consultant shall perform all services an(~ provide al/work product required pursuant to this agreement from the date written notice ~s given.to proceed, .unless an extension of'such time is granted in writing by the City. 6~ PAYMENT~ The .Consultant shall be paid by,the City for completed work and for services rendered under this agreement as follows: a~ Payment. for the ~v_.o,r,k,... ,p,,rovided by Consultant shall be made based on the hourl provided, on ExahiNt: B attached hereto. The hourly rates shall be rev~----~,~,~tt anc~- y~ mayrates~aSoe adjusted annually at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. b. The Consultant ma.,/submit vouchers to the City once per month during the progress of the work £o~r partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval-thereof, payment will be made m the Consultant in the~amount approved. Final payment of any balance due the Consultant will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, completeservices rendered the work. and for ail materials, supplies, equipment and incidentals necessary to The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CH.2M Hill CA-2 _ APPENDIX B ' F 7. OWNERSHIP AND USE O DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall-be the property of the City Whether the project for which they are made ex cured or not: ;The Consultant shall be permitted to retain copies, including reproducible is e : ': . . · ' - ' ' ' d USe' in connection with o ms of drawings and specfficatmns for mformat~on, reference an c: p' , ', ~-~ ~;--curiie~ts for~umoses other than as originally nsultant'S enaeavors' ~.ny use ozu,~ 2~2~ed by thts A~eement, wi~ 0ut,the:written consent, .o~,the~ Consultant, shall be at the City's sole risk· 8, W~mS AND REPRESENTAT~?~5 C°nsultean,~ r?resen_t.s ~ ........ sc~ e of services cunt p · '~' ora etent-.,to engageqm the~ p , : . . agreement arla ma[, , ; , .... ,- : '": ~ ' ¢eet ~ s~a~dard of care mr -. ;., . .... dufin :th. Ierm ofthi~Ag~ement~,4~ ' -' : ~ , ~' care for g' ' ' ' e~u ~nd: retated,serv~ ....... e. es ~t~' to, or:exeeediag' ,the st~ndad, of. professi~ial.e~gm g , . , . , ~ :_~.,. .... -, . 9. COMPLIANCE WITH LAW_,S; _~Sns,ul/t ,a~t sh~,!~: m s service a ement, faithluny oose~e'aha comp~y;'w'm~!: ~, ~i, : ~ . by thi . grel · ' - ..... ~,n"~ahle the services to~e rendered under this · - ' ' laws, ordinances anct regumuons [nat agreement. 10. po,rtion thereof, its ', or any persons, property Or through the other kind, or out of 11. INSURANCE. Th~ $1,000;(D0 of $1,000,000. The general shall include a t coverage of 000 per the C~ as an additional insured and · i , (30) days pohcy except upon th nD prior written to the £ity. -'" · eral liabili licy Shall name the ~C_~[y; of B~y~.;,,m_n!Beac~h as;an ~.ddiuonal .n_.a~a_:dn Said gen ty po , ..~.,.~ ~.,~,~,4~,~ ,.. ~ ct ~oncy except up · include a romsma pronto ma.~ ~..~ , . insured and shall P : -,.4.. 'r',;~;,q~t~ ~t*,-hx~era~ ,as reqmred b this ·, ,nor wr~itelt no'ace ~o , ~ thirt (30) days p . ~. :. ; ' , ' 1on of this a cement. scctlOI1 suan :Be Uehv~,~ ...... "~ J : 12. INDEPENI~.ENT ~nO~ ~ht;oC, ~ldp~i?~ed~ ~gr~sahta:?t~ai'Cs °;euletmanetn~ an independent c9 Ira . ,~ ~ , ,: : ~, ,-,.~i*a th~ rel-~tionshiv of employer ana s a eement Shah t)e considered!to ~-~ ~-S'--~' - .: N0thin m thi gr " ee or'consmtant g , '. , · , onsu~tant nor any emptay employee between the partms hereto· Ne'r/her, C CA-3 Ci~M Hill APPENDIX B shall be entitled to .any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting, federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Cogisultant, or any employee of Consultant. 13. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee worlong solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting fi.om the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deducf fi.om the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14..DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by tt under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees'or procurement ofmateriais or supplies. 15. ASSIGNMENT. The Consultant shall.not sublet or assign any of the sermces covered by this agreement without the express written consent of the City. 16. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other prowsion. 17. TERMINATION. a. The City reserves the fight to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, parmer or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving thirty (30) days written notice to the City. 18. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. CH2M Hilt CA4 _ ~. APPENDIX B 19. NOTICES. Nodce~ to the City of Boynt0n Beach shall be sero to the ,fotlowmg address: City of Boynton Beach P.O~ Box 310 Boynton Beach, FL 33425-03t0 Atth:~urt Bress~er, City Manager · Notmes to Consultant shall be sent ~to :the;following address: ., This a eement, together with attachments or addenda, TEl) ,A~GRBEMENT gr - ~ nsultant and 20. INTEGRA ' . , . . ~ ' en'the C~ and the Co · , ~- ~ mte,~-ated am~eement betwe ty represents me enure a~u ),, r~ =- supersedes all prior negotiatiohs, representations, or a~reements, written or oral. TI'ds agreement may be! amended only by written instalment signed by both City and Consultant. 21. TERM: This Agreement for continuing sc~wices shall have an ogen term, subject only to the termination previsions ..set forth:in Paragraph 17 above. 20__. DATED this _ day of_ CITY OF BOYNTON BEACH Consultant Mayor Attest/Authenticated: T--itte City Clerk Approved as to Form: ~)ffice of the City Attorney (Corporate Seat) Attest/Authenticated: Secretary Rev. 8/22/00 9/16/00 9/21/00 s:ca~ag~General Eug092100 CH2M Hill CA-5 Oen~mI-Res6rves 1998 Rev Bonds ~19§8 Rev, Bonds R&R R&R R&R R&R R&R R&R R&R Addi{~onal ASR 3 MG Tank Mains to Phase Out Pflvate Wells ASk Well 125,000 City's Sham of Chlodne Study. SCRWTDB 318.000 258,000 Page EXI-IIB IT B A~I'ACHMENT C cH~M~HtLL, iNC. Direct L~or Rates Year 2000 Fechnicel Consultant (Drafter) ~ 2~9 4ore 1 250.00 201.00 $169.00 $150.00 89.0~ 76.30 56.00 57.00 $ 52.00 $ 62.00 II classification should be paced using actual labor rates PROPRIETARY TV-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D. 1 AGENDA ITEM REQUEST FORNi Requested City Commission Date,Final Form Must be Turned M_Meefin~ Dates~ i_nto CiW Clerk's Offi~ [] July I8. 2000 [] August I. 2000 [] August 15, 2000 [] September 6, 2000 July 6, 2000 (5:00 p.m./ July I9, 2000 (5:00 p.m.) August2, 2000 (5:00 p.m.) August i6, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcemem Requested City Commission Meeting Dar~ [] September 19.2000 [] October4, 2000 [] October 17,2000 [] November 8, 2000 Date Final Form M~t be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 ~,5:00 p.n~) October 5, 2000 (5:00 p-mo October 18,200Q (5:00 p.m.) Development Plans New Business Legal Un/m/shed Business Presentation RECOMMENDATION: Please place this request on the September 19, 2000 City Commission agenda trader Consent, Ratification of Planning and Development Board action. The Planning and Development Board with a tmankaons vote recommended that this review foe 6a~ t~ fl~[ne~* ~Seotemb-- ',~- -~ - Architectural Review Commtttee to corn!oI~t~ ii~'~ -ew nf *ho -- ~' - ~'- ~.~r~ for the Quantum Park __ evl ...... ~uoject project, eor furtKer detatls pertaining to this request see attached Department of Development Memorandum No. PZ 00-262. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIFrlON: QUANTUM LOI 50B (GALE INDUSTRIES) Michael I. Jaroch c/o Bentley Architects & Engineers, Inc. Gale Induslries, Inc. Lot 50B, Quantum Park P1D Request for new site plan approval ro construct a 14,810 square foot commemial/indusu-ial warehouse located on 4.25 acres. PROGRANIIMPACT: N~ FISCAL IMPACT: N/A ALTERNATIVES: N/A Director of Planning ~,fftl'Zoning City Attorney / Finance / Human Resources SITE PLAN REVIEW STAFF REPORT FOR PLANN NG AND DEVEE"©PMERT'BOARD ~ND. _~CITY OOMMISSION September 1, 2000 DESCRIPTION OF PROJECT Project I~ame:,*,-: ,': "Gale ~dustries ~:LotS0~B, Quantum Park/NWSP 00~012 ..... .. s Inc; PropertyO~ner, Gale ndustne Applicant/Agent~ Location: Land Use/Zoning: Type of Use: Gale InUustries/Michael J. Jaroch, Ben~leyArchitects and Engineers, Inc. Lot 50-B, Quantum Industrial Park, Park Ridge Boulevard Ihdustrial (I)~ Planned Industrial Development (PID) Warehouse (storage and distribution of insulation materials) Project Size: site Area:I 4.25 acres (185,130 square feet): Bd'fddg ,~'ea: G round Fi0or Warehouse Ground Floor Office TOTAL GROUND FLOOR AREA Storage Mezzanine TOTAL FLOOR AREA ~GROSS) 12,277 square feet 2,641 square feet 14,918 square feet 2,451 square feet 17,369 square feet Adjacent Uses: (see Exh'b't 'A - Location Map) North - Park Ridge Boulvard right-of-wa~, farther north Publix warehouse zoned PID; South - South Florida Water Management District C:16 Canal right-of-way, farther south storage warehouse, zoned M-l, and Laurel Hills, zoned R1A; East - Odana Granite on Lot 50-A, zoned PID Florida Power and Light Substation on Lot 51-B; zoned PID; and West - Canada Dry Distribution on Lot 49, zoned PID. Page 2 Gale Industries.Lot 50-B, Quantum' Park - Staff Report Memorandum # 00-262 Existing Site Character stics: Proposed Development: Concurrency: The subject .4.25-acre property is vacant and consists of Lot 50-B and a portion of C-t6 Canal right~c~f-way, designated as Lot 50-C. Utility easements . ex[ercd along the area north of the canal and along the southeastern properzy line. The site is vegetated with a mixture of shrub, exotic and nuisance trees, and herbaceous weedy species; native trees and :landscape plants preva its northern section. There have been previous clearing activities on [he property and subsequent repeated disturbances caused by dumping of trash. A Preliminary Environmental Assessmef~t~ provided by the applicant, indicates sightings of gopher tortoises. The gopher tortoise is listed as a Species of Special Concern by the Flor da F sh and Wildlfe ConservatiOn, 6°mmissioo (F~CC), and nee:de te .be re ocated off-site prior to issuance of the FFWCC Perm[t: The developer ~s proposing cons~uction of a two-story (ground floor and a mezzanine),,,17 369 square foot warehouse/office facility lnsuia'don materials ( Exhibit, B - Proposed Site Plan), In compliance see ' ' - for distribution of with Chapter 2. Section 8.A.3.. of Land Development Regulations. the applicant will submit information to the Environmental Review Committee to determine if the types and volumes of insulation materials stored and handled on site will require an environmental permit. If required, the applicant will be required to apply for/obtain an env ronmental permit. a. Traffic- Drainage Driveways: Parking Facility: A traffic statement for the proposed project has been submitted, but has been found deficient with respect to uses and 'square footage used to estimate trip generation. Therefore, the conditions of approval include the requirement that a revised statement be submitted. Prior to final approval, the revised statement wilt be sent to Palm Beach County's Traffic Division to confirm compliance with County traffic performance standards and for the purpose of monitoring total traffic approved within the Quantum Park Development of Regional Impact (DRt). -Conceptual drainage information was provided for the city's review. The : drainage certification at time of site city's concurrency Ordinance requires plan approval, The Engineenng. D~vis on is recommending that the review of specific drainage Solutions be deferred to time of permit review, when more C~)mpiete engineering documents are' required. Proposed on-site traffic circulation consists cfa one (1) two-way driveway with access to Park Ridge Bou yard. No dimension for the driveway w dth at the right-of-way line was provided; administrative waiver will be required if the width exceeds the maximum 32 feet specified by the Code. The proposed vehicular use area consists of one (1), 27-foot wide driveway with access to adjacent parking area containing the required 9 foot by 18 foot spaces at a 90 degree angle, and to loading areas located along the east side of the building. There are forty-four (44) parking spaces proposed, including two (2) handicapped-accessible spaces. Regulations for the Planned Industrial Page 3 · Gale Industries, Lot 50-B, Quantum Park - Staff Report Memoranaum # 00-262 counts be based number Dove o ment zoning distr ct requ re that parking on P, -,- -- ...... ~st~ff'ed sh~ and,antcipated .numBer Of of empleye ,~ ,~i~,,~,;~ t~,~ '~ ~n:~ n addton there , .. · ,, , * ..~.~ aces. ws~tors;.The req~: roe p are 13 (thirteen~ oadidg spades a ong;the~eas~'side'of'the building. Landscaping: The ta~'dsoap n,g-: of the,' site wilt!:ful y' meet ;co,d,e requ rements when staff cornme.ntS a~;e inC0rpo~:ated.': Sp~ial.~.ttenti0*n: ~vi~Fbe ~ven to re ocation and rel~ acem~et Of ~ne~hunered a ~8. for~,y:.:(~l~O~ desi;~able~ ti~ees currently existing Building;a~n',¢it¢~; , , . . ~; . ct~ements when staff Community Design Plan:- The-proposed buildidg is-a typical pr,,e~engiCi?e[ed metal, warehouse-type · struc{u~:~ f,;eaturing [igh{'~af]d dark"greY~ r~etal'v~al!ip~nels and white masonry wails with ;no enh~clng archiC(eCtur~i'elem~~(§' ~,Although there are no establiShe~t architectura Stytes o¢ Colors With[r~'(~;uantum Park PID, several re ects; both ex st ng an¢ appr6~ed;~~ pre~en( a~ractive facade treatments P J i , . ....... -_L.~:,~ the aesthetic impress on of this and e~l~anced emr es. ~hat greauy m~uw predom nately! ndustrial use,area Staff' recommends that the applicant · ~-eviewll-eviSe arch teCtUral design' to ~bateza tU°k more compatible with the adjacent Odana Gra~tb and GevaS buildings. The projec~ must still be approved by tl~e Architectural Rev ew Board for Quantum Park. Signage: The submitted'site p~n:'.utilizes one.,(1)'bu id ng .wail sign no freestanding sign iS oropoSed at this point There ar~ no Wall Sign regulations established fob QuantUm Park. "F~e proposed 'wa s g~ri meetS- the requirements of ..... ;"~ ~. ,~-**.-n Beach La~d :Development Regulations. if Chapter zl eT,the L, zy u~ DUy-U~U the freestand ngs gn i~ subSequentlY proposed, a Separate submittal to the p arming and Zoning Division w lbo [;equired to confirm conformance with tl~e Quantum Park Sign;Proc~ ram· RECOMMENDATION: The Planning and Zoning~ Di¥ision recommenids approval' of this site plan request, subject to the ' ed in iE. xh bit "C"; Cond tions' Of Approval· ,:~hel Technical Review Committee comments includ ......... ~ -~:- ,~-;~ ,~vhihit.hA"correCted on the set of plans (TRC) recommends that the denclenc es ~aenuneu ,,, ,,,, ........... submitted for building permit. xc: Central File GALE INDUSTRIES LOCATION MAP BDYNT~N S£~CH CANs_ (NOT TO SCALE) EXHIBIT "A" EXHIBIT "B" 0 0 0 -g Project name: Gale Industries File number: NWSP 00-0012 Reference: 3ra r EXHIBIT, "C" Conditions of Approva! DEPARTMENTS UTILITIES Comments: NONE FIRE COmments: 1. A fire hydrant flow test is required prior to site plan approval (LDR 6- NONE NONE BUILDING DMSION 2. P~nnits are required to construct the improvements that are shown on ~e approved site plan documents. Permit application forms are a~ailable in the B~ilding Division of the Development Department. A permit submittal checklist is available in the Building Division. The list i~n,tifi~ the, basic doc ,.mnents that the Permit Application Technician ca_~ectcs mr When an a_p_p_licant submits for_~i2._ermit review. 3 t · · A~t~me of permit review, indicate within the footprint of the mezzanine th_+~d use of that area. 4. At~,time of ermit review, indicate wi_thin the foo_l.l.~rint of the 1s~ floor of INCLUDE REJECT Quantum Lot $~B (Gale Indust~?s) NWSP 00-012 Page 2 of 4 with the Safety fees, time of · cL Quantum Lot 50B (Gale IndusU:ies) NWSP 00-012 Page 3 of 4 DEPARTMENTS The applicant must delineate on the landscape sheet L-1 the existing desirable trees and quantities that will be relocated on the site. The receiving area(s) within the site for the relocated trees shbuld also be shown on the landscape plan. This v~ould include existing trees in the Park Ridge Boulevard road fight-of-way and median to allOw ingress / 10oThe ~ee surve) applicant, trees that cannot :. The 11. The applicant must submit a. fauna surv~ey and preserve or relocate by State permit any g~pher t0rtois~ found~o~ the s~te. This must be completed prior i0 i~uance o~the ;l~a~g and grubbing permit. PLANNING AND Comments: 12. In the tabular data summary, indicate square footage of warehouse and use of the mezzanine. 13. Indicate setbacks on the site plan, and provide a setback table in the tabular data summede the re~ setbacks). 14. Indicate dimensions ofdumpster enclosure on the site plan and the 15. City water cannot be used for irrigation. Indicate alternative water SOurCe. 16. The following comment relates to Chapter 9, Community Design Plan: Recommendation: review architectural design to create a look more compatible with the Oriana Granite and Gevas buildings to the east 'ect site. 17. No dimensxon for the ¢ tine was Quantum Lot 50B (Gale Indusm.'es) NWSP 00-012 Page 4 of 4 18. A traffic statement for the 1.3: 21 To be determined. 22. To be determined. DEVELOPMENT ORDER OF THE CITY COMMISSION OF~HE -- CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: QUAN'rUM LOT 50B - GALE INDUSTRIES INC, APPLICANT'S AGENT: Michael J. Jaroch c/o Bentley Architects & Engineers, Inc. APPLICANT'S ADDRESS: 2339 Benville Road, Daytona Beach, Florida 332119 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Lot §0-B Quantum Corporation Park DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on [o be heard before the City Commission of the City of Boynton [~each, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant 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 DATED: 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. Other J;\SHRDATAIP~anr~ingtSHAREDAwpiPROJECT~Qua.fum GaJelndustrfes ,- '-- C ty Clerk ' .~cl~eve~op.Order Form~-Rewsed.doc Kequested Ci _W Commission Meetin~ Dates [] July 18, 2000 [] August I, 2000 [] Augtmt 15, 2000 [] September 6, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV-CONSENT AGENDA ITEM D.2 Date Final Form Must be Turned i~ to City Clerk's Office July 6, 2000 (5:00 p_m.j July 19, 2000 (5:00 p.rm) August 2, 2000 (5:00 p-mO Augu~[ 16; 2000 (5:00 p.nt) [] Administrative [] Consent Agenda [] Public Hearing [] Bids Requested City Corrarassion Meeting Dates [] September [9, 2000 [] October 4. 2000 [] October 17,2000 [] November 8, 2000 Date Final Form Must bo :turned in to City Clerk's OffiCe September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m. October& 2000 (5:00 p.m.) October IS, 2000 (5:00 p~m.) [] Development Plans [] New Bnsines3 [] Legal [] Unfinished Busmees [] Presentation RECOMMENDATION: P!ease ptace tins reqanst on the October 4, 2000 City Co.numission ~ge~naa..under C .c~sent- Ratification Of the planning and Development Board action. The Planning and Development Board w~th a lw~mmons yore recommended postponeInent at the request 0fthe applicant (additional time was reques{ed to conside~ and thcorpomte final recommendatmns from staffi. For further detmls pertaining to this request see attached Department afDevelopment Memorandum No. PZ 00-258; EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESC~ON; BOYNTON SHOPPES PCD (Side Yard Setback) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLc 1620 Si Congress Avenue Request for relief from Chapter 2 Zoning, Section 5.F.7.e. requiring a minimum 30 foot setback to allow a 12.5 foot variance or a minimum 17.5 foot side yard setback within the Boynton Shoppes PCD. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: - [ w City Manager's Signature Dir[cto~ of Planning ~/Zoning City Attorney / Finance / Human Resources DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ b0-258 sTAFF REpdRT !FOR PLANNING AND DEVEEOPMt=NT BOARD AND CITY COMMISSION July 28. 2000 Meeting Date: :September 26, 2000 File No: ZN~V 00-012 :(per!pheral greenbelt) ZNcv 00-013'.(~ide Nard setback) Location: 620 S Congress Avenue Agent/Owner: Robert Basehart, Baeehart Co~sulting, Inc; ProjeCt: New commercial retail/restaurant buiJding Request: :TWo variances from the City of Boynton Beach Land Development Regulations. Chapter 2. Zohing; ' · 1) Section 5, F.7.e. to allow a 12 54eet s de yard setback reduct on from the 30 feet requir, ed ~,ithin. the PCD zohir~g.d str Ct for a i7 !5 foot tide yard setback. 2) Section 5, ¢.F..'~.f.; tO allow a 5-fo;3t peripherai greenbelt reduction from the 10 feet required Within the PcD zen ng d ~tr c~, for a.5 foot peripheral greenbe t BACKGROUND The prgp0sed project that Corresponds with the: s, ubject requests includes the addition of 3,000 square feet of retail spaCe.and a fast-food 'restadrant to the exisiing. Boyntor~ Sh0ppes PCD. This PCD was approved in September 1997, a~d i~ located or~ the east, sid~ of C0ngre,ss Avenue approx!mately 200 feet south of Woolbright Road. ' :The PCD wraps around the ~x st ng Amoco/Mc Donald s station located at [he intersection (s&e Exhibit "A" - Location Map). Boynton Shoppes PCD has been dove oped with an oil change facility, atire store, an auto detai shop, and retail stores that totals 18,530 Square feet. Th~ built portion of the project is oriented toward Congress Avenue, witi~ the main access drive on Congress Avenue anda second access dr veway c~nnect ng to WooJbright R~,a,,d. It is near this secon~:a~cesS ddve where the project, and variances are proposed (see Exh bit' B -PropOsed Site :P~an). ' ' The subject variance applications are foi- relief frpm the Land Development Regu at ons Chapter 2 Zoning, Sect on 5 F.7 to al ow the proposed bui dng to be constructed witha side setback ~)f 17.5 feet, ora 12.5 foot side setback. Tl~e ~econd variance request is {o reduce the peripheral greenbelt of 10 feet to 5 feet, Whicd is a minimum reouirement Of all Planned Commercial Developments (Chapter 2~ Zoning, Section 6.F). The property is also the subject ¢ an application for re, zoning and for new site plan approval to allow the construction of the 3 0~0 square fo~t bu dirig. The Submitted site plan includes a Landscaping P_lan depi8tir)g the Proposed 5-foot peripheral greenb,~l!,and an existing flCUS hedge along the (~ast) common property line wi[h the bank (see ~xhibit C - Proposed LandscapePlan). The following is a description of the land uses of the properties that surround this site: North -Woolbright Road right-of-way, farther north office zoned C-1; South -Residential multi-family, Christian Villas, zoned R-3; East -Suntrust Bank, zoned C-3: and West -Amoco gas station/Mc Donald's, zoned C-3. Page 2 Boynton Shoppes Memorandum No. 00-258 ANALYSIS The code states that the zoning code variance cannot ue approved unless the b_o. ac"d finds the app cat on has been studied and considered in reiat on to r:n n mum standards. TheSe standards are listed in the Land Development Regulations Article X of ChaPter'1. General ProviSions, and are listed in each var anco application as items 5.a through 5 F They read as follows: A. That special conditons and circumstances exist which are pe,c, uliar To the land, structure or bud ng invo ved ,ahd ~vb Ch ate not app icab e to o~h~: Jands Structures or buildings in the same z0hing di:stdCt; B. That the sPecial condition~ and circumstances do not result from the act ohs of the app cant; C. Th;at granting the variance' requested Wi not confer:on the applicant:any special pr v Ieee that .s, den ed by th s ordnance to other ands bu dings or Structures in tf~e same -~oning district ' D. That Jita~al interpretation of:the prey s Ohs of this chapter wod[d deprive,.the applicant of right~ cemrnon.l~' .or,joyed 'by (~ther ~Properties in' th~ same Zonir~ d~strict ~nder the terms ~f the Ordnance and would w~r~ unnecessary an~ undde ~ardsh p on the applicant; E. That the variance granted is the minimum variance that will ~nake possible the reasonable~ use of the and, bu [ding or structure F. That the granting :of the variance witi be n harmony with the Jgeneral intent and purpose of this c~apter and that such variance will not ~e injurious to the area involved or o~nerwise d.e~r~mental to the public welfare. The applicant's response to twoof the items are indicated along with a justification statement in Exhibit "D". The staff response to selected items are as follows: a. That spec£al conditions and circumstances extst which are pecu#ar ~o the land involved and which are not applicable to other lands; and b. That the special conditions and circumstances do not result from the aodons of the applicant. As descr bed in the staff report for the corresponding application for major masteir plan modification, [he subject requests have I~een generated as a result of the app cant requesting ~o add a building to a narrow port on of the subject~ ~naster plan where nb square footage had been Ioriginally proposed and reviewed. Furthermore, these site constraints that appear to limit current use of this portion of the subject project were known by the applicant at the tir~e of original submittal, which may have been originally initiated by the code revision to reduce the maximum size of a PCD from 5 acres to 3 acres. c. That granting the variance requested will not confer on the applicant ~y special privilege ~.hat is denied by the Ordinance to other lands, building or structures ~'n th'e same zoning district. Given [hat mas~er plans are reviewed and a 2proved .initially for comp anco ~ith regulations and onformance wth ua tv design objectives ntended 'for p armed zonng d stricts, gr~nting of the c q - ' t subject requests could represent a .special privilege not typica v conferred to others. Th~s statemen Page 3 Boynton Shoppes Memorandum No. 00-258 is jL~¢tified by the fact that relief Would represent the lowering of standards to Wh cn other POD master plahs are'held. e. That the variance granted is the mid/mum variance,that will make possible the reasonable use Of tfie land. b~ild~ng br stru~ure~ Staffr acknowledges [heir 1 of the peen cng acres. F holly, staff focus this aha ysis on tern "¢' from the pre,v ous y men~ ~ned ist of m nJmum standards tidal sta~s: ' ' f That the grant of the variance will be in harmony wl~htiie.general-intent and purpose of fhis chapter (ordinai~ce) and that sudh varia~b~ W/ti not b~:;bjuriou~ ~o the area involved or otherwise detrimental t~ the public ~effare._ pAS also indicated in the analysis on the corresponding request for major master plan modification the reposed mollification and subjec~ va,,.rian~eS;~,re net Con~ ste~ with the i'nter~t of th~ regulations for Planned Commercial Developments 'to acec~rnplish a ~0re'd;e~irLa,,bte ~v, ronment for commercial development in relation to exis,,ting and/or'futdr~ 4ity de~etopmelnt to promote the rub ic health safety, convenie.nce, welfare.. ', nor;to prdvid~ efficient and,h~monious ~esign ~o,a~ to create an attractive project. The subject variances would allow for the;~CD regula~ion? to be diluted, without significant justificat on and compensation in des gn to offSet the rnpa~t o~ the master p an CONCLUSIONS/RECOMMENDATIONS Based on the analysis contained herein, 'and'~ithid the ~epo~ ~n the COrresponding ~equest for major master plan modification (REZN 00-001), staff reCOmmends that th s request for re ef from the zoning regulations be denied. No conditions of approval are recommended however any co~,,d,i~!ons recommended by the Board, or required by the C~ommission shall be documented in E;(hib t E - Conditions of Approval. Attachments MR/dim LOCATION MAP BOYNTON SHOPPES EXHIBIT"A 1/8 400. 800 MILES FEET Jl EXHIBIT "C' BOYNTON SHOPPES SH)E SETBACK & GREENEST VARiANCES REQUEST JUSTIFICATION STATEMENT The purpose of this request is to obtain appro.val ora variance from the provisions of Sec 5-F.7.e of t, he Zon/n~ Code (side interior setback) t6 al o'~v a'I 7.5 foot setback n eu of the norma ly requ red 30 foot Setback. and from the provisions of Sec. 5-F.7.f(greenest), to allow a 5 foot wide landscape buffer al'ong a short por~mn Of both t Iroperty lines in lieu of the normally requ red 10 feel~; tO accommodate tlne develo ~ Shoppes PCD The c sauth of'Woolbright- is lo.caZed at the Woolbriaht Road. s h~>p 'an d'~retaiI.~t~ res that total amd e I tO This application relates to the poi-tion of the pro.p:erry/rhar extends from the primary deve opmenr area to Woolbright Road The Width of the property is only 117 3 feet and is sandwiched between the Amoco/McDonalds project onthe west and a reiail, bank facility ro the east. The portion of the bank site adjacent to the subject parcel is used as an access drive for their'drive-in tellers. The applicant ~s proposing to construct a -~.000 square foot bmldmg in the area between the entrance drive to the overall project and the east property line. The proposed build ng will be 40 feet wide and 75 feet aeep. The eastern half of the building will be a fast food restaurant, with a drive-thru window and the eastern hatfwilI be a retail shop. Unfortunately due to the severe sire constraints ~mposed by the width of the property, which can not be expanded due to existing development on both sides_ a usable building can not be developed without the variance relief~sought. The reduced landscape buffer along the west property line is 200 feet lone and only 140 feet long along the west property tine. There are established landscape buffers on the adjacent properties on both sides, effectively expanding the landscaped area separating the uses to a size that ts in conformance with the ol:.iective of the Code, ro establish a significant visual oarrier between uses. The proposed building ~s one story, is only 75 feet long and is adjacent to a large open area on the bank property to the east. The granting of the requested setback variance Mil not create an unacceptable reduction of light or air, nor will it create either a physical or v sual mposifion on the adjacent property. The applicant be{ieves that there are spec al conditions, hardships and reasons that justify the requested variances, as folloxvs: ' There are special cond t OhS and circumstances that are peculiar to the land and the business involved that are nor applicable to other lands and businesses in the same zonin~ district. As noted above, the width of the property is only I I .~ feet and is sandwiched-between the Amoco/McDonalds project on the west and a retail bank facility ro the east. Due to the severe site constraints ~mposed by the width of the property, Which can not be expanded due Boynton S HOPPES PCD Variance Justification Page 3 The granting of the requesmd variances will be in harmon~ with the general intent and purpose of the Code and will not be injurious to the area involved or otherwise detrimental to the public welfare. It is the intent of the Eeoc to allOw businesses id the City to have adequate deve opab e area re operate viably but to provide appropriate separation between buildings and to provide a Giual separation between uses with the'installation oflar~dscape buffers. As noted above, the bank facility located to the east is, fully ~evel0ped and its l~hvsical bu Id ng improvements are ocated substantially further away from, our common property Iinethan is ?equired by the Code. Consequently, the separation ofbmldmgls that wtll resuIt if the reques~ted' setback variance,is granmd will be far greater than is ~equired by Code. andtherefore de ~=s not violate the intent of the Code. Similarly, the adjacent .~s both to the east and west have The buffer instalIed by the applicant on both sides of the site will ' mingare any potential impact of our requested reduction ir_ willing to intensiO the amount of plant material in our buffers if the ~ such is necessary. However, it is ~ ~caping of the adjacent sires is nor necessary to establish a meaningful ¥i t of activities Considering the unique circumstances faCing this property, apt: requested buffer variance ~vill not violate the intent of the Code. Conditions of Approval INCLUDE REJECT None : None BUILDING DIVISION Comments: None 2REATION Comments: None None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. MWR:dim DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BOYNTON SHOPPES APPLICANT'S AGENT: Robert E. Basehart. Basehart Consulting APPLICANT'S ADDRESS: 1620 So. Congress Avenue DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 03, 2000 TYPE OF RELIEF. SOUGHT: Zoning Code Variance - Side setback LOCATION OF PROPERTY: 1620 So. Congress Avenue DRAWIN G(S): SEE EXHIBIT "B" ATTACHED HERETO. _ , THIS MATTER came before the City Commiss on of the City of Boynton Beach Flor da appearing on the Consent Agenda on the date above. The City Corem ss on hereby adopts the findings ~nd recommendation of the p arming and Development Board, which Boar~ found as follows: OR THIS MATTER Came dn to be heard before the City Commission of the City of Boynton ' Beach; F orida on the date of hearing stated above. The Cty Commission hav ng considered the rSlief sought by the applicant and heard testimony from the applicant memb ' . - staff and the public finds as follows- ers of c~ty admm~strabve 1 2. 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 HAS _ HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Appl cant adm nistrative staff, or suggested by the public and supported by sL~bstantial competent evidence are as set forth on Exhibit "C~ with notation "ncluded" The Applicant's application for relief Js hereby GRANTED subject to the conditions referenced in paragraph 3 hereof, DENIED 5~ o This Order shall take effect immediately upon issuance by the City Clerk. All further development on the properly shall be made in accordance with the terms and conditions of this order. Other DATED: City Clerk Requested CiD Cormmsston Meefine Dates [] July 18,2000 [] August 1, 2000 [] August 15, 2000 [] September 6~ 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOI ,. Date Final Form Must be Turned Requested City Commtss~on in to Citx Clerk*s Office MeetinCD~tes July 6, 2000 (5:00 pan0 [] September 19, 2000 July 19,2000 (5:00p.m) [] October4. 2000 August 2, 2000 (5:00 p.mO [] October 17, 2000 August l6, 2000 ~5:00p.m.) [] NovemberS, 2000 [] Adrn/instrative [] [] Consent Agenda [] [] Public Hearing [] ~] Announcement [] IV-CONSENT AGENDA TI'EM D.3 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p,m.) Octot~er 5, 2000 (5:00 p.rm) October 18, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished~Business Presentation RECOMMENDATION: Please place this request on the October 4, 2000 Ctty commission Agenda under Consent_ Ratification of the Planning end Development-Board action. The Planning end Development Board with a unanimous vote recounnended postponement at the request of the applicant (add/t/on,al time was requested to consider end incorporate f'ma recon~umendations from staff). For further detailsperm/aaing to tk/s reques~ see attached Department of Development Memorendum No. PZ 00~258. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRII~TION; BOYNTON SHOPPES PCD (Peripheral Greenbelt) Robert E, Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for ielief from Chapter 2 Zoning, Section 5.F.7.f. requiring a minimum ten (10) fool peripheral greenbelt within the PCD zoning d/strict m allow a fix/e (5) foot varience or a minimum five I5) foot peripheral greenbelt along a 230 foot portion of bothe the east a~d west property lines of the Boynton Shoppes PCD: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Dir e~ro1% f~ eve}o~me~[-~ '-~. Director of Planning~afid Zoning City Attorney / Finence / Human Resources Page 3 Boynton Shoppes Memorandum No. 00-258 iSplansJUStifiedai.e h~ld.bY the fact that relief wolf d represe0t the °Wer ng of standards to'which dher PCD maSs,er e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, b~ilding or st~ucture; 17 feet~, and the a acres in size the 5 of the been Finatly, staff focus th~s analys~s on item that states: As also 2roposed modification Planned Commercial sT of rnibimum standards ' ill be i~ harmon~ with ~he ~eneral, intent:,and purp°se of , fthe variance w , . , , .... rea involved or Th~ the gra~t o .... ,will not, be Injurious to the a ch varlance '~ chater ordinance) and that S~ . otherwise detrimental to the~public we~ar~ . rmajor master p an modification, the ; for ic health, .~ an without CONCLU'SIONS/RE60,M ~respondir~g-request for major ~vit' in the repor~ u~t ~ d on the analysis con~a!ned'her_e_~',' and..~ ~,n;d~ ~at: th s request for relief from the zoning Brn%%~r 00-0o1~, staff.~u, co,., modification (REZN plan regulations be denied. ,, 'nded; however any conditions recommended,, by the Board, No conditions of approval ale rec.o~.rn~e~ ,~,,;-.',~,=~t~d in Exhibit "E" - Conditions of Approval. or required by the Commission, sna, ~ Attachments MR/dim LOCATION MAP BOYNTON SHOPPES EXHIB'IT",~ ' ' I::REEC t:::13 FEET LEGAL DESCRIPTION S~TE DATA DEVELOPMENT tEAM SYMBOLS PARKING DBTAI~__ _ MAP, :. Site SP-1 o~ NOTES Ii ~ If~ ,, ,/ Tree/Palm Loca on ~11 © Ltmdscape Plan LP-1 of 2 EXHIBIT "D'.' BOYNTON SItOPPES SIDE SETBACK & GREENEST VARIANCES REQUEST: JUSTIFICATION STATEMENT of 1( landscape normally required Des PCD. The of Woolbri tO and exit ,drive connecting This application relates to the portion of the pmPe.rty ~that e?;te~3d&~om l~h.e primary development area to Wo~bright Road. The width of the propd~y is o~ty t I7:3 feet and is sandwiched between the Amoc0/MqDonalds project.on the wes't and a retail ban~k facil[ty tO the ~ast. The portion ofthebank site adjacent to the subject parcel is used as an acces~ drive for their drive-in tellers. The applicant is proposing to construct a 3,000 square foot build ng in the area between the entrance drive to the overall project arid the east property iine. The proposed .buil¢ing will be 40 feet ;vide and 75 feet deep. The eastern half of the building ;vill be a fast fo, od restaurant, With a drive-thru window and the easteqn half will be a retail shop. Unfortunately due to the,severe site constraints imposed by the ;vidth of the property, which can not ble expanded due th:existing development on both sides, a usable building can not be developed without the variance relief s0ught. The reduced landscape buffer along the west property,line is 200 feet long and only 140 feet long along the west property line. There are established landscape buffers on the adjacent properties on both sides, effectively expanding the landscaped area separating the uses to a size that is in conformance with the objective of the Code, ro establish a significant visual barrier between uses. The proposed building is one story; is only 75 feet long and is adjacent to a Iarge open area on the bank property to the east. The granting of the requested setback variance will not create an unacceptable reduction of light or air. nor will it create either a physical or visual imposition on the adjacent property. The applicant believes that there are special conditions, hardships and reasons that justify the requested variances, as follows: There are special conditions and circumstances that are peculiar to the land and the business involved that are not applicable to other Iands and businesses in the same z°ning district As noted above, the width of the property is oaly 117.3 feet and is sandwiched between the Amoco/McDonalds project on me west and a retail bank facility to the east. Due TO the severe site constraints imposed by the width of the property, which can not be expanded due Boynton SHOPPES PCD Variance Justification Page 3 The granting of the requested variances wili be in harmony with the general intent and purpose of'the Code and will not be injurious to the area nvo ved or o~herwise detrimental to the public welfare, it is the intent of the Code to allow businesses in the City to have adequate developable area to operate viably, but to provide appropriate separation between bu~iIdings and to provide a visual separation between uses with the inst~ilation of andscape buffers. As noted above, the bank faizility located to the east is fullv developed and its physical buiIding ~mprovements are Iocated substantially further awa3~ from our common proper~y linethan is required by the Code Consequently, the separation 6fbuiIdinas thac ~vill result if the requested setback variance is granted will be far greater than is required by Code. and therefore' does not violate the in'eat of the Code. SimilarlY,., the adjacent properties- ~othl to the east and West have existing mature landscape buffers already inktalied The buffer in.stalled by the applicant on both s'des ofihe site will improve the current situation. To m~ngate any potential impact of our requested reduction in w dth, the app icant would be willing to inten$i~i the amount of plant materiali in our buffers f the[ City feels such is necessary. However, it is our opinion that intensi~Scation adjacent to the mature Iandscapin= of the. adjacent s,tes is not necessary to establish a meanin=ful visual senaration ~f o~.,;,,;,;~7 o ate the intent of the Code. EXHIBIT "E" Conditions of Approval Referen. ce _Zoning Code4Canance ~q~ent~:i Ngne CS~ems( None PoEICE Co~en~: None ENG~EE~G DWlSION Co~ents: None BU~D~G D~ISION nB: None Co~e P~S ~ ~C~ATION Co~ents~ None Fo~STE~E~O~ENT~IST Co~ents: None PLA~G A~ zO~G Co~ents: None ADDITION~ PLA~G 1. To be dete~ined. ~p~N~ ClT~OMMISSI~ 2. ' To be dete~ined. MWR:dim DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BOYNTON SHOPPES APPLICANT'S AGENT: Robert E. Basehart, Basehart Consulting APPLICANT'S ADDRESS: 1620 So. Congress Avenue DATE OF HEARING RATIFICATION BEFORE CITYCOMMISSlON: October 03 2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance - Peripheral greenbelt LOCATION OF PROPERTY: 1620 So. Congress Avenue DRAWING(S): SEE EXHIBtT"B" ATTACHED HERETO. THIS MATTER came before the City Commission of the C ty of Boynton Beach, Florida appearing on the Consent Agenda on the date above The C ty Commission hereby adopts the findings and recommendation of the Planning and Developmer~t Board which Boal-d found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boyntor Beach, Florida o¢, ~e date of hearing stated above, The Cif:y Comm ss on having considered the relief sought by the apl~licant and he~rd testimony from the r~ oplicent, members (~f city administrative staff and the public finds as follows: Appl cat on 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 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 substant a competent eviSence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby GRANTED subject to the Conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon rssuance 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 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IV - CONSENT AGENDA ITEM D.4 Requested City Commission Date Final Form Must be Turned Meet/n~ Dates in to Citw Clerk's Office Meetin~ Dates [] July 18, 2000 July 6, 2000 (5:00 p.m.) [] September 19, 2000 [] August L 2000 July 19, 2000 (5:00 p.m,) [] October 4, 2000 [] August 15, 2000 August2, 2000 (5:00 p,m.) [] October 17, 2000 [] September6,2000 AugustI6,2000 fS:OO p.m.) [] NovemberS,2000 [] Administrative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearmg [] Requested City Commission Date Final Form Must be Turned in~ to'C~w Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.m.) Development Plans New Bnsinegs Legal Unfinished Business Presentation¢ RECOMMENDATION: Please ptace this request on the October 4, 2000 City Commission Agenda under Consent_ Ratification of the Planning and Development Boai:d action. The Ptarming end Development Boardwith'a unanim _ _ Oils vote recommended postponement at the request of the applicant (additional time was requested to consider end inc/)rporate f'mal recommendations from staff). For further details pertaining to this request see attached Deparmaent of Develop~aent Memorandum No. PZ 00;272. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION; BOYNTON SHOPPES PCD (Lk, a Heise PCD) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. CongressAvcnue Request for new site plan approval to construct an additional 3,000 square foot building consiling of a 1.500 square foot fast food restaurant with drive-through and 1,500 square feet of retail use located on a 0.727 acre outlmrcel in the Boynton Shoppes PCD. PROGRAM IMPACT: N/A FISCAL IMI~ACT: N/A ALTERNATIVES: ~ Dire~r ~f D~$eloprh~nt -~ C~e~' ~Manager's Signature Director of PlanniT~g an~g City Attorney ! Finance / Human Resources S TE PLAN REV E~A/STAFF REPORT PLANNING AND DEVELOP~EN:T BOARD AND CITY COMMISSION September 14 2000 DESCRIPTION OF,.PROJECT Project Name/No.: Boynton Shoppes PCD [f. ka. Heise PCD) NWSP 00-013 Fa~t.f00d restaurant and retail space Property Owner: Boynton Shoppes EEC. Applicant/Agent Robert E~ B~sehart, Basehad Consu ting, ~nq Location: S E corner of Woolbright Road and Congress Avenue Land Use/Zon ng: LRC (Local Retail)/PCD Type of Use: Fast Food Restaurant/Retail Bulding Project size: Total Site Area: 3.63 acres (158,122.8 square feet) Outparcel Area: Outparcel Building Area: 0.727 acres (31,668 sq Jarefeet) Retail 1500 square feel Fas[ Food 1500 square feet TOTAL 3000 square feet Adjacent Uses: (see Exhibit "A" - Location Map) North Woolbdght Road and farther north Office, zoned C1; South PCD parking area and farther south Christian Villas. zoned R-3: East Suntrust Bank, zoned C-3: ano West Amoco/McDonalds zoned C-3 and farther west, Congress Avenue. Site Characteristics:This flag-shaped PCD site is currently developed as an 18,530 square foot commercial center on 3,63 acres. The commercial center consists of three buildings and related parking facilities. The 0.727 acre vacant out-parcel which is the subject of this application is located in the northeast corner of the PCD next to the combination Amoco/McDonalds business zoned C-3. The area is landscaped with grass and has a s qrub hedge buffer located along the east boundary. The ou[-parcet also contains a paved entrance drive which connects to Wooibdgnt Road. Ali other existing buildings and required landscape features have peen constructed. Proposal: The d.,eveloper proposes to construct one 3,000 square foot building consisting of a 1 500 squa e foot fast food restaurant with a drive-through and a 1.500 SqU~ra foot retail bay on a 0.727 acre out-parcel (see Exhibit "B" - Proposed Site Plan). This application is being accompanied by the p~erequ s te request for a major master plan modification to allow for the additional square footage on the curran.tly approved master'plan. Furthermore, due the dimensional restrictions on the out-parcel, the applicant is requesting [wo variances, One variance will reduce the required PCD side setback from 30 feet to 17.5 feet alonc_ the east side of the site. The other variance will reduce the required PCD landscaee Duffer from tern (10) feet to five (5) feet along the east and west sides of the subject site. The five (5) Page 2 Boynton Shoppes - Site Plan Review StaffReaort Memorandum No. PZ 00-272 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: foot portion of the buffer will extend south approximately 221 feet with the balance of the landscape ouffer remair-'-g 10 feet deep. Please refer to Memorandum NO. PZ 00-273 for the review of the master elan modification, and Memorandum No. PZr 258 for the review of the variance requests. A traffic fatement for this project was submitted and aoDroved by the Palm Beach County Traffic Division. Conceptua drainage nformation was provided for the C tys rev ew The C tv's concurrency ordinance requires dra nage eert~flcat~or at t~me of site alan approval. The Engineering Division is recommend ng that the rev ew of specific dra nage sotution~ 5e deferred until, time of permit review_ when more complete eng neering documents are requ red On-site traffic circutation for the commercial center consists of {wa (2) existing, ~vo-way driveways. One entry drive is 30 feet wide and provides access to Congress Avehue The other driveway is :27 feet wide and provides access to Woolbdght Road. This driveway's located on the out-parcel just west of the aroposed building. Land Development Code Chapter 23, AIticle 11, H. 5. requires a 100 foot stacking d stance for a major drveway Th s distance is measured from the street right-of-way line to any parking stall or interior access aisle. A major driveway is one that is projected to have in excess of 1.000 vehicle trips per day. The site plan indicates that this driveway will be handling 1,128 trips per day. Therefore. the 100 foot stacking distance requirement applies. The site plan currently provides 65 feet for stacking measured from the right-of-way ine to the nearest ntema parking space Providing tl~e required 100 feet will eliminate four (4) parking spaces. However. the interior access a~sle is still ShOWn within the 100 foot clear throat area. Elimination of the access aisle in fronl of [ne building would significantly mit project access, leaving the variance option as almost an imperative prereouisite to project aooroval, This requirement is provided in the Conditions of Approval The site plan indicates the proposed number of parking spaces for the entire commercial center as 126 spaces incudng six (6) handicaaped spaces. A total of 1'17 spaces are required 2er code including the 23 soaces for the proposed outp~rcel development. These spaces are calculated based on the ratio of one (,1) spaces per 100 souare feet for the fast food restaurant and one (1) space per 200 square feet for the retail bay. Four (4) spaces will be eliminated to meet the stacking distance req Jirement discussed above. This reduces the proposed number of s3aces to 122 which still exceeds by five (5) the minimum amount of spaces required by code. Except for the reducec buffer area on the east side of the outparoel, the landscaping of the site will fully mee[ code requirements when staff comments are incorporated. The applicant nas applied for a variance to reduce the adjacent portion of the 3edmeter buffer from 10 feet to five (5) feet. Staff objects' to the reduction 'n both side setback and greenbelt requirements, based on the lack of com31iance with the intent of the PCD development standards, A PCD is intended to provide "a more desirable environment for commercial development in relation to existing and/or future city development": "to promote the public health, safety, convenience welfare" and "to provide efficient and narmonious design so as to create an attractive oroject". Building and Site: Building and site regulations wi I be fully met when staff comments are incoreorated into the permit drawings. Page 3 Boynton Shoppes - Site Plan Review Staff Report Memorandum No. PZ 00-272 Community Des gn The proposed building is a simple contemporary sty e, square-shape(], one-story structure, The building and $ ig nage: com The PCB site: viii meet the code exoe ~he applic~n~.b~s.not:~Ubm'i~d si~e sigr~ag~ as.parT, of;this review. The Boyot~n Shop,pas PCI~ ;h~s ~n ~pt~v~ ~te~ ,Si~ pla;O~ .~,,tl'p~op~_d ..signs rnu;st be consistent with';~he approve8 ~asler 5igfn plan. S[gn"ap0ro~v, al will reouire a-separate submittal a~d approval process. RECOMMENDATION: Consi§tent with the analysis an~i recommenda~forrs on the correspondir~g application for major Master Pla0 modification (REZN 00-001) and variances (ZNCV 00~012/00-0;13),..staff recommends that the subject request'for site plan approval.be denied, unless the project is modified tO c0mpl~ ~it,h, all PCD setbacks, the peripheral buffer requirement and alt o(her conditions of~ appcovai in~iCated in Exhibit C. Please ~ee Development Department Memorandum No. PZ 00,273 fac the complete analysi~s on the :)rePosed modificaton to the approved Boyn.ton Shoppes PCD Master Plan. xc: Central =lie j:\SH RDATA\Pianmng\S HARED\WP~P ROJ EOTS\Boynton Shop~es',Site Plan Staff Report NWSP 00-o13.doc LOCATION MAP BOYNTON SHOPPES EXHIBIT',A L ,EGAL DES~R PT OH PARKIN(I DETAIL SITE DATA [0~1 ON Site Plan l J NOTES PLANT MATERIAL LIST PLANT MATERIAL KEY: C~C_,C) ExjsJtng ,..---... Cocoplum Hedge / o ~ Exisilng ~.. ,/ Trey/Pa m Location Landscape Plan LP-i of 2 SI)ecs. LP~2 EXHIBIT "C" Conditions o£Approvai Project name: Boynton Shoppes File number: NWSP 00-D-13 P~efere~ce: 2ndreviewlpI ,aris identified as New Site Plan. File # NW:SP-00-013 with an Aueust 29. 2000 Piannin~r and Zonine Departrri~nt date ~tamp markine. ' ~)EPAI~TMENTS INCLUDE REJECT PUBLIC WORKS commen~s: 'NONE ' ' UTILITIES Con-/ments: ...... " ' ' and I. ,P, ropQsed ,b, mldlng elevation plan ~ndicates both businesses to be retail' fast food . Show the location of the grease int,,e~rcep~or t,a, nk in the wastewa, ter lateral. The waste stream from {be fast food pro&ess must meet ' the City s pretreatment requirements. A sampling point must be provided to alloW monitoring of this waste stream (refer ;; COI~E sec. 26-i4~, Sec. 26- 147). FIRE Comments: 2 A fire hydrant flow test will be required prior to construction LDR 6-16. POLICE Comments: NONE : ENGINEERIq'qG DIVISION Comments: 3. On.the:site and civil plans show the sidewalk at the same elevation as the H/C accessibility path with an accessible ramp up on both sides per the Florida Accessibility Code. BUILDING' DMSION Comments: 4. Amend the size of the notes or "callouts'' found within the limits of construction shown on the site plan for the new work. The notes or "callouts" are not legible. Add to the new building that is depicted on the site plan a labeled symbol that identifies the location of the handicap accessible entrance door to each tenant space~ Identify on the site plan the width of the accessible Condition of Approval Boynton Shoppes. doc 09/22/00 DEPARTMENTS ' ff4CLUDE REJECT sidewalk leading to the accessible entrance of each tenant Identify on the Kite plan the location and width of the proposed a~vnings 5. The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation of ' NGVD is abo e the highest 100-year base flood elevatmn apphcable tothe bmldmg site, as determined by the Soath l~lofida Water M~agement District's surface water management construct/on development regulations" Correct the inconsistencies with respect to the finish fl6or elevation. The C/vil drawings ~ indicate a different elevation, than ~he site plan and floor plan drawing. [section 3107,1.2 Chapter 3'1 of the Boynton Beach amendments to the 1997 edition of the Standard Building CodeJ 6. On the site plan, indicate within the footprint of tile proposed new building the number of stories that are in tile building includih~ where annlicable mezzan/nes. Also add to the site data the number of stories in the new building including identifying mezzanines, where applicable 7. Identify on the site plan and floor plan drawing the number of seats that are proposed for the fast food restaurant. Also, add to the site data the total [ number of seats proposed. At time of permit review, show and chronologfcally number all seats on the floor plan. 8. Permits are required to construct the improvements that are shown on the approved Site plan. 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 subm/ts for permit review. 9. At time of permit review, provide detailed drawings and documantation on the plans that will verify the accessible route that is shown from the accessible parking spaces to the accessible building entrances is in compliance with the regulations of the Florida Accessibility Code for Building Construct/on. The documentation shall include but not be limited to, identify/ng the type of material proposed for the route type of surface finish, width, Cross slope, slope and len~h of the entire accessible route including, where applicable, landings, ramps and handrails. I0. At time of permit review, specify (in tabular form) on the site plan and/or floor plan the proposed use of the facility, type of construction and occupancy classification of the building. The building area, occupancy classification and type of construction shall comply with the specifications identified in the 1997 edition of the Standard Building Code, including the City of Boynton Beach amendments to the Standard Buildng Code Workine drawings o£the building(s) shall comply with the codes specified in Chapter 20 of the Land Development Regulations. .~ Condition of Approval Boynton Shoppes.doc 09/22/00 3 DEPARTMENTS INCLUDE PARKS AND RECREATION Comments: NONE [2. The applicant has indicated on the landscape plan the intended use of ail the existing trees and Iandscapmg on the site. The existing ,vax myrtle hedge along the West perimeter may have to be replaced w~th ~nother native heage material. Any of the existing landscaping/irrigation thatisl destroyed dufing construction will have to be replaced prior tothe fi~l Iandscape approval PLANNING AND ZONING Comments: I3. Revise the site plati to include the following: a. Traffic Report ADT = 1,741. (I,128 is shown) b. Provide I 0 foot greenbelt east and west of proposed building or obtain a variance for the reduction in width (Ch.2, Sec.6. Par. F.7.f.~ c. Pro,fide a 30 foot side setback (17.5' is shown), or. obtain vanance for the reduction in width (Ch.2, Sec. 6; Par. F.7.e0 d. A 100 foot stacking distance at the north drive entrance is required. ADT informatiomcharacterizes this entrance as a major driveway (I 000 ADT and up). (Ch.23, Art. II, Par. H.53 14. Prior to C.O. all existing and proposed landscape areas shah meet the minimum PCD requirements of Chapter 2 &7.5 of the Land Development 15. No aign plans were submitted for review. If new signs are proposed or revisions are planned for existing signs, the existir, g s~gn prq>gram for this PCD must be modified. If any future sign plans are not included-as part of this review, sign approval ~viI1 require a separate submittal and approval [6. Provide a floor plan for the proposed building, colors of proposed building elements and submit colored elevation draw/ngs. (Ch.4, Sec.7, Par. D. l&2.) REJECT 17. Site Plan approval contingent upon satisfying peripheral greenbelt :esulafions. Condition ofApprovai Boynton Shoppes.doc 9/22/00 DEPARTMENTS INCLUDE REJECT 18. Site Plan approva'l contingent upon meeting ali setbacks as required by the PCD regulations. I9. Site Plan approval contingent upon rezoning of this parcel to PCD. 20. Northern entrance drive is anticipated to exceed 1000 trips therefore dn eway ~s a major driveway and must have a 100 foot entrance throat un- intersected by an y p arkin~ s p ace or drive a'~ste.1 ADDITIONAL PLANNING AND DEVELOPMENT CONDITIONS 21. To be determined. ADDITIONAL CITY COMMISSION CON~DITIONS 22. To be determined. MWR/b[w OF THE PROJECT NAME: Boynton Shoppes APPLICANT'S AGENT: Robert E. Basehart ApP~JCANT'SABDRESS:. 943 clint Moore Road, Boca Raton, FlorMa $3485 DATE QF. HEARING RATIFICATION BEFORE CITY'COMMISStON: October 10. 2000 TYPE OF RELIEF SOUGHT: New Site Pla q LOCATION OF PROPERTY: 1620 South Congress Blvd, DRAWING(S): SEE EXHIBIT '~B"ATTACHED HERETO. ' THIS'MATTER came before the City Commission of the City of Boyn!on Be~¢h, Florida appearing on the Consent Agenda on the date above.: The City c0mmissioh hereby adopts the findings and recommendation of the Planning and Deve[?pment BOard, which Board found as follows: OR THIS MATTER came on to be heard before the City Commiss on of the City of Boynton Beach, Florida on the date.of hearing stated above. The city Corem ssion having C~nsidered:the relief sought by the app cant and heard testimOny from the applicant members ~f city administrative staff and the public finds as follows: Application for the re ef sought ~vas made by the App cant in a manner consistent with the.requirements of the City's Land Deve opment Regulations. The Applicant 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 . 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 properly shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk Requested City Commission Meetin~ DateS [] July lg,2000 ] August I, 2000 [] August 15,2000 [] September6, 2000 IV-CONSENT AGENDA ITEM E CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOIl Date Final Form Must be Turned in to Cdr Clerk's Office July 6,2000 (5:00 p.m.) July 19, 2000 (5:00 p.m.) August 2, 2000 (5:00 p.m.) August I6, 2000 (5:00 p.m.) Requested City Commission Meetin~ Dates [] September I9, 2000 [] October4. 2000 [] October 17, 2000 [] November 8, 2000 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.n~) September 20, 2000 (5:00 p.rm) October 5, 2000 (5:00 p-re.) October 18, 2000 (5:00p.m.) NATURE OF AGENDA ITEM [] Admi~s~afive [] Development Plans [] Consent Agenda [] NewBus/ness [] Public Hearing [] Legal [] Bids [] Unfinished Bus/ness [] Announcement [] Presentation RECOM34ENDATION: Motion to approved the expenditure for Server Upgrades and issue a purchase order to Compaq Corporation in the amount of $16.878.00. EXPLANATION: Server Upgrades: · Upgrade the City Hall and Police Department file/print servers to Compaq Prollant ML570R servers. · The current Proliant 2500R servers are over four years old and are at their maximum of storage capacity, · Variable workloads caused by spikes in traffic can place a huge strain on servers. The new ProLiant ML570 solves this: problem by providing maximum scalability, performance, and availability to meet enterprise needs. · The server comes equipped with quad-processing capabilities, powered by the latest Intel® Pentium Ill® Xeon m processors, delivering high performance on the most demanding enterprise applications. · In addition, with new standard high availability features such as hot plug redundant power supplies, NlCs, fans, and drives, the ML570 minimizes downtime. · The ML570 is an all-inclusive server/storage solution for anrerpnse users. With a convenient rack form factor, the server is optimized for internal expansion of up to 12 1.0" SCSI disk drives, and is also expandable to 16 GB of SDRAM memory. The rack moael ML570's new modular c ' · . , hass~s design and shde-out e ectromcs tray provide easy access to the system int.e~nals for tool-free replacement of parts. New LED ghting and Internal Dfagnostic Displays make troubleshooting effortless. Server Upgrade Notes: · The I.T.S. Departmen, t will utilize the older 2500R servers to provide dedicated backup server, network managemedt se;rver and software distribution test server which current y ali coexist on a single server. · This will extend their service to the city for several more years. PROGRAM IMPACT: Upgrades are necessary to handle the increased workloao caused by the expanded use of f e & print services city wide. As well a~ to p?epare for additiona storage needs antici ated w th th ' ' ' S ' ~ .P . e addition o.f Geographical Information ystem, F~re Rescue Records Management system and Eng~neenng department which ard coming online soon. S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM FISC ~AL EV[PA. CT: Fund~r{d'f0r ;(his~is available in the I.T:S. Computer Equipment Account No. 001-15! 0-513-64-15 ut!ll,z!ng 0Jnds . ;~r~m-'ii~n~hded' syStem maintenan~6. P~i(~s ~J:e fro~ the State of Florida "Client Ser'¢er" term contract, biding is ~,-~,~-~-~ Purch'~inn now w a ow server upgrades to proceed in FY2001 as scheduled, even though FY2001 equipm~h{ f~hds were reduced. A~T~R2'~TA~CES~ , . . . Pos o'ni ~e e ' adeswll msu t n co0.t nueus y de. grad nCd~stem ~sp..ense?mes madequateoohne s' tP ?0'~' ~'~§e~g~°grently ..... reduced user produ~tivity.' / ..... ' ~' ' '~' ": '"' :'~ "~'~ * ~ .... ~ ' / - D~ht~e , CiW A~mey,~ F~ce / H~ Reso~ces S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC PURCHASE REQUISITION NBR: 0000010309 STATUS: DEFT APPROVAL REQUISITION BY: ITS - PATRICK REASON: COMPAQ SERVER UPGP~ES DATE: 8/08/00 SNIP TO,LOCATION: ITS VIA WAREHOUSE SUGGESTED VENDOR: 681 COMPAQ COMPUTER CORPORATION DELIVER BY DATE: 9/15/00 LINE UNIT EXTEND NBR DESCRIPTION QU~/gTITY UOM COST COST .................................................................................... VENDOR PART NUMBER 1 SERVER - PROLIANT ML530 XEON 800 MNZ/256K 128 MB 2.00 EA 4368.0000 RACK 128 MB P~ PROCESSOR - PIII/800 8736 00 COMMODITY: COMpUTERS,DF & WORD PROC SUBCOMMOD CONTROL & MONITOR SYSTEMS 128 REG 133 MHZ SDRAM DIMM 6.00 EA 300.0000 1800.00 COMMODITY: COMPUTERS,DP & WORD PRQC ~ SUBCOMMOD:'MEMORY )%D~-ONS, MICRO 18.2GB PLUGG~tBLE WIDE ULTRa3 SCSI UNIVERSAL I0K 6.00 EA 755.0000 EPM HDD i-IN 4530.00 COMMODITY: COMPUTERS DP & WORD PROC. SUBCOMMOD CONTROL & MONITOR SYSTEMS 9.1 GB PLUGGABLE WIDE ULTRA3 SCSI UNIVERSALI0~ 4.00 EA RPM HDD 1-IN 453.0000 1812.00 COMMODITY: COMPUTERS,Dp & WORD PROC. SUBCOMMOD: CONTROL & MONITOR SYSTEMS 161149-001 128277-B21 142673-B22 142671-B22 REQUISITION TOTAL: 1'6878.00 ACCOUNT INFORMATION LINE ~ ACCOUNT 1 00115105136415 PROJECT % AMOL~NT 2 00115105136415 100.00 3 00115105136415 100.00 I00.00 REQUISITION IS IN TNE CURRENT FISCAL YEAR. REQUISITION COMMENTS: ~ERVER UPGRADES CITY HALL AND POLICE ER BUDGET TRANSFER AND CITY NL~NAGER APPROVAL 4530.00 1812.00 16878.00 OnUne Price Quotation htlp ://web23pro.compaq.con'u cc~ sm... _ctr_ind=&hv_call_c~'_customcr_id= Compaq Computer Corporation - 20555 Sgate Highway 249 - MC 590301 - Government -.Education - Healthcare Sales PrefiX< First ! uotation User 08/2~/2000 Ad~e~ Ci~4 Code CoUntry Customer: quotation are valid for 30 days from quote date a. bove*_~_e_ase ~n~u~e m q 1 ,ProLiant MI-~30R Pentlum~ 161149-001 ;$ 4,368,00 $ 8,439,00 I $ 8,439,00 :ZZI Xeon 800HHz/CD/128HB RAH/256K Cache .- 128 Reg 133MHz SDRAf4 DIMIq :[28277-B21 $ 300.00 - 9.1GB Pluggable Wide Ultro3 SCSI 142671-B22 $ 453.00 Universal :[OK rom HDD :L-in - 18.2GB Pluggable Wide Ultra3 SCSI 142673-B22 ~ 755.001 3 Universal 10K rp_m H~DD 1-in . Sub Total: ~ 8,~0 1 ofl 8/21/2000 10:56 AI~ Suite 315 htlP://fcn-state-fl.uv st_contracts/250040991/certification.hma Suite 315 CERTIFICATION OF CONTRACT TITLE: Computers: Client Server Systems CONTRACT NO.: 250-040-99-I BID NO.: 31-250-040-B EFFECTIVE: July 1, 1998 through June 30, 2001 (Rev 20 Dec 99) CONTRACTOR(S): See Attached SUPERSEDES: 250-040-96-1 Ao ANY QUESTIONS, SUGGESTIONS, OR CONTRACT ~)I~PPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION F DAVID COMERAT (850) 487-4196 SUNCOM 277-4196, E-MAIL mailto:comerd~dms.state.fl.us ~eU~HORIT,.Y.. ? U~ ?.n~a..f~rmativ. e ac~t!on ,taken by the State of Florida Department of Managemem o r,vmes on June Jo, l~, a conwac~ nas oeen executed between the State of lqlorida and the desimaated contractors. _ ~2e o~if'Ol~indTaC,,t was entered into to provide economies m the purchase of Client Server Systems Y ' gencies and institutions. Therefore, in compliance wi~ Section 287.042, t~lorida Sta,t]utes~, all, pu[..?h~es of ~.ese com[n. ,od, ifies shall be made under the terms, prices, and conditions of this conlract ano wire me suppliers specllleo. ORDERING INSTRUCTIONS ? All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. ~ay b~valv~tq'w"l~&Udu~c~h~V~'mmmUa~~- p~_n. ce,s ,ext,en~ea a~,u p~c~ ord~ to,ed. (~s req~mant ~ ~ oy a m~er p~c~e ora~.) D. ~?~C~?~ ~O~CE2 ag~nqies s~ r~o. ~y vendor f~l~ ~ p~o~ aceordMg to m~ rrq~emenm otis ~n~e; on uomp~t to Vendor, fo~ P~ 7017. ShoMd ~e v~r f~l to co~t ~e pmbl~ ~hin a pm~fibed period off.e, ~ fo~ P~ 7029, R~uest for ~sist~ee, ~s to be fil~ wi~ ~s office. ' [ ~. 5[~c~ ~ ~ commoNs ~ sp~i~ ~a gen~ ~o,~tions ~ ~o~ fo~ yo~ mtomau~. ~y resmcuom ~c~t~ ~m ~e supplier ~e noted on ~e ord~ng im~iom. F. ~c~.~s~ Fo~-.st~t~ Co.~t ~r~, fo= Pm 7073 s~o,~d ~, u~a to Y P ~p~atmn aate offs con~t. Authorized Signature DC/lmb 1 of 2 8/21/2000 11:09 AM Suite 315 htrp://fen.stat e.fl.us/s~_conlxacts/25004099 I/c¢ffific a~n.htm Attachments CONTRACTORS: 3Corn Corporation (Rev 19 Aug 98) ABC Computers, Inc. (Rev 30 Jun99) Acer America Alcatel (Rev 6 Dec 99) American Power Conversion Amherst.,Corporate Computer Sales (A) (^) (^) (^) (A) (^) (^) (Rev 2 of 2 Irlc. packard Bell NEC, [nc, Inc. Computer Systems IllC. Ltd. (A) (A) iA) (A) (^) (A) (A) (A) (A) iA) (A) (A) (A) (A) (^) (A) (A) {A)- (A) 03) (A) (A) (A) (C) 8/21/2000 11:09 AM CO~XFFRACT AWARDS httP://fca.state.fl, us/sLconn'acts/250040991/ptice2.h~ CONTRACT AWARDS CONTRACT CATEGORIES 3.1 3.2 4.1 4.2 5.1 5.2 6.1.1 6.1.2 6.2. I 6.2.2 6.3 7.0 8.0 DESKTOP MICROCOMPUTERS PORTABLE MICROCOMPUTERS WINDOWS NT NETWORK SERVERS UNIX NETWORK SERVERS NETWORK COMPUTERS NETWORK PC'S LASER PRINTERS [NKJET PRINTERS STORAGE DEVICES - DISK (magnetic and optical) STORAGE DEVICES - TAPE DEVICES MEMORY EXPANSION CARDS NETWORK CONNECTIVITy DEVICES UNINTERRUPTABLE POWER SUPPLIES Contractors (Rev 19 Aug 98) ABC COMPUTER (Rev 30 Jun 99) Brand Award Product Category 3COM 7.0 ABC 2000 3.1 ACER AMERICA (Rev 28 Sep 99) ALCATEL (Rev 6 Dee 99) AMERICAN POWER CONVERSION AMHERST CORPORATE (Rev 1 Apr 99) APPLE COMPUTER (Rev 20 Dee 99) CABLETRON (Rev 19 Aug 98) CISCO SYSTEMS (Rev 19 Aug 98) COMARK COMPAQ (Rev 19 Jun 00) · COMPUCOM SYSTEMS (Rev 23 Dee 98) DELL (Rev 6 Dec 99) EXECUTIVE SOURCE INC. (Rev 8 May 00) GATEWAY 2000 HAYES COMPUTER HEWLETT PACKARD (Rev 19 Aug 98) IBM (Rev 30 Sun 99) ACER AMERICA 3.1, 3.2, 4.2 XYLAN 7.0 APC 8.0 MICRONET 6.2.1 APPLE 3.1, 3.2, 4.2 CABLETRON 7.0 CISCO SYSTEMS 7.0 HEWLETT PACKARD 3.1, 3.2, 4.1, 7.0 TOSI-ffBA 3.2 CANON 6.1.2 COMPAQ 3.1, 3.2, Z~.l, 4.2, 5.2, 7.0 AST 3.2 WYSE 5.1 SEAGATE 6.2. I DELL 3.1, 3.2, 4.1, 4.2 ESQ 3.1 GATEWAY 2000 3.1, ~.2, 4.2 INTERGRAPH 3.1, 4.1 HEWLETT PACKARD 4.2 IBM 3.1, 3~2, 4.1, 7.0, 4.2 1 of 2 8/21/2000 1 l:10 AM CONTRACT AWAKDS '~'~ ' LEXMARK (Rev 1 Aug 00) LUCENT TECHNOLOGIE~ MARCONI COMMUNICATIONS (Rev 6 Mar 00) NEC COMPUTER (Rev 23 Dec 98) NOKTEL NETWORKS pOMER0¥ PREMIO COMPUTERS (Rev 28 Sep 99) SILICON ~RAPHICS sReVl9 Aug 98) OUTHEP~ COMPUTER SUN MICROSYSTEMS (Rev 19 Aug 98) UNISYS (Rev 30 Jun 99) VISARA (Rev 1 Aug 00) WIN LABORATORIES LEXMARK http://fen.state, fi.us/st conlracts/250040991/price2.htnt 6.1.1, 6.1.2 LUCENT TECHNOLOGIES MARCONI COMMUNICATIONS NEC NEC EPSON MAI)GE var=mo 7.0 ~ 3.1, 3.2, 5.2, 4'2 UNISYS MTX POWERCOM 6.2.2 6.3 8.0 4.2 3.1, 3.2 5.1 8.0 8/21/2000 lhl0 AM 2 of 2 ............. 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Hot deah on select Compaq products! 1 ~2 8/21/2000 11:10 AM Compaq.?m - State of Florida .. : ~siwyg://195/http://web23pro. comp.../ccn'contenvYgem/Flozid~index.htn~, u, es~tops : ;G~aq N~vsmom 2 of 2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Of 6e July 6, 2000 (5:00 p.m.} July I9, 2000 ~5:00 p.m.) Augast 2, 2000 (5:00 p.m.l August 16, 2000 (5:00 p.ra Requested City Commission Meeting Da~es [] September 19, 2000 [] October 4, 2000 [] October 17. 2000 [] November 8. 2000 IV-CONSENT AGENDA TI'EM F Date Final Form Must l?e Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p:m.) October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Motion to approve the balance of excavation of additional material fi'om Veronica Lake (Tract "G') within Cedar Ridge Estates, a P.U D located east of High Ridge Road and north of Commerce Park. EXPLANATION: Cedar Ridge Estates, a P.U.D. as recorded in P.B. 80, Pg. 28 of the Public Records of Palm Beach County, commenced development in July, 1997. ~is P.U.D. is a replat of a portion of an older plat originally entitled Cedar Ridge P.U.D./High Ridge Commerce Park, P.I.D. (see attached referenced sketch) which consist of 110 towmhouses. This P.U.D. was partially completed in 1998 (approximately 35%) when the developer ceased operations and filed for bankruptcy. Currently, another developer, Brighton Homes, has come forward seeking to complete the unfinished P.U.D As a requirement, the existing lake (Veronica Lake) needs to be excavated to the design section as shown on and approved by the existing SFWMD permit. This lake is the master surface water management system, not only for the "Estates'?, but also for the single-family residential area to the north, the sckool tract to the north as well as the P.I.D. to the south. Anticipated excavation exceeds 1,000 cubic yards which require City Commission approval pursuant to LDR, Chap. 8. Art. HI, Sec. A.2.a. PROGRAM IMPACT: The townhouse P.U.D. drainage system cannot be completed by the new developer without the City Commission approval. FISCAL IMPACT: There is no fiscal impact on the City for this action. ALTERNATIVES: None. There are no alternatives in meeting the conditions of the SFWMD surface water management permit condition~. ~ Dep~ne~t H~Td's Signature E'ity Manager' s Signature ENGINEERING Deparmaent Name s :kBULLETrNkFORMS~AGENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Haman Resources · H~XO ROAD ' , MINER RD. GATEWAY LOCATION SKETCH NOT TO SCALE N PON# DEPARTMENT OF DEVELOPMENT BUILDING DIVISION ~U LDING PERMIT APPLICATIOn.' (Please Print) Rec. # Permit # (FOR SUB PERMITS ONLY) Owner's Name Owner's Address City Fee Simple Title Holder's Name-- Fee Simple Title Holder's Address Contractor's Company Contact person and Company Address City Job Name Job Address Legal Description ,,~ (Palm Beach County Property Centre #) Owner's Phone ~ ~~ __ Slate State /--/ Zip (If other than owner's) (If other than owner's) Phone # ' 5~,/. ~.~_~ ~ '- z- -' - _Pager/Fax# ~/' Zip Zoned Bonding Co. Address ~ ~ Arch tect/Eng neet s Name . Y--, -.. State ArchltactJEngmeer s Addre Mortgage Lender's Name '~ . ,-. _ ?..o.rt_g..age_ Lender's Address ~INGLE FAMILY DU (check one) urvl~..t: [NDUSTR/AL ~STIMATED. ETAiLED VALUE OF CONSTRUCTION $ -~'~t o~ -- DESCRIPTION OF WORK: i~Appl~cation is hereby required to ob~ ...... commenced prior to the ssuance of'a r,er~n'~t ~-.~ .... ~.?:..~.~./.!~. ,,n,~a, a.~.s ~s.~d,cat~ I ceAi~ that no we or ns~ at on has ]~e~i~o~s governing ~nstructi~n i. t~s jU'~'ris;';~";' ~;n"&;~'i.~Y~.e_~eO '~ ~eet ~. stan~s of all ~;es, laws, rules and GNS WEL ' ~-~ -,~k~ ~upara[e ~rmlt mum be secure ~ , LS, POOLS, FURNACES BOILERS, HEATERS, TANKs AND Air CONu ....... ~ ~m N~:'-'WORK,- dETc.~ELECTRICAL, PLUMBING, OWNER'S AFFIDAVIT: I cedi~ that all the lor~oing info~ation is accurate aad that all wo~ will be done in compliance wJ~ ail applicable codes, laws, roles and regulat~n~ govemiog cons~ctio~ and zoning. WARNING TO OWNER: YOUR,FAILURE TO RECORDA NOTICE OF COMMENC ~AMING ~ CE FOR MPROVE ~T' ' ~ ~ENT MAY RESULT IN YOUR : : . , M, STOYOU~: ' TY IFYOUINT WITH YOUR LENDER OR AN A~ORNEY BEF~~;:,: .; .... ~D TO OBT~N FINANCING, CONSULT , STATE OF ~LO~DA, COUNTY OF PALM BEACH APPL CATION # :APPLICATION DATE: SETBACKS: ZONE: LEFT RIGHT MASTER PLAN RECEIVED BY: FRONT REAR /-%TYPE OF CONSTRUCTION OCCUPANCY TYPE FENCE TYPE ROOF TYPE FLOOD ZONE BASE FLOOD ELEVATION ADDITIONAL FEE BCAIF PARKS FEE PENALTY FEE PUBLIC BLDG. FEE RADON FEE FINISH FLOOR ELEV. (PROPOSED) ' SLrp..FACE GEneRAL PE~IT · NOTICE OF RIG~L'$ STANDARD LIMITING CONOITIOMS .THE PERHITT£E SHALL IMPL£M£NT THE WORK AUTMORrZ~D IN A MANNER SO ~ TO MINIMtZ~ ~NY ADVERSE IMPACT OF' THE WORKS'ON F~S~ W:~LO~IFE~ ~ATI ~L ENV:RONH~TAL VAL~ES LOADING A~O SEDI~N~ATI~ IN THE RECEtYtNG WATerS WATE~ ~UALITY. DATA FOR T~E.~ATER .DISCHAR~ F~O~ THE ~E~ TT~E'S PROP~ATY OR iNTD~SURFACE. W~T~RS OF THE' STATE WILt )E~SUDM TT~ TO THE DISTRICT AS B~ ~cCTI~N ~5:g~ OASIS OF REV,E~ FOR:SUR~AC~ WA?EL M~GEME~ PERMIT ~, ~O~N~W~!HIN SOUT~ ~OR)DA WATE~ ~AGEM~NT DI~TRI~ - MA~CH, I~ ~A, ER Q~],Y?ATA I~ ~QUZRED. THE PE~E SHALL ~OV!DE DAT~ O, WAT~ DIS.~AR~ED,. I~.L~]NG TOTAL VOLUME DISCHARGED DURING THE D4YS. OF ' SAMPL N~ AND TOTAL ~NTHLY DISCHARGES ?~OM THE :~PE~Y OR {NTO SURFAC~ OF THE STATE, ' TH~S PERMIT SHALL NOT ~ELIEVE THE PERMITTE[ OF ANY OBLI~ION TO OBTAIN SEC,IQN 6.5, ~ B~S,[S OF ~EVt~ FO~ SURFER .~ATER ~NAG~E~ PER~ T APPlICATIOnS gITNIN SOUT~ FLORIDA WATER ~ANA~c~E~ D)STEICT - ~ARCH, ALL ~[LDI~G FLOOR ELE~AT,ION~ S~l BE 5ET IN AC&~R~C~ ~ITH THE CAI~ER~ SET POR~H IN S~CTION 6,~ ~tS OF REVIEW' FOR SURFAC~ WATER ~AG'~N~ PE~IT, ~DLIC~TIONS WITHIN ~H FLORIDA WATER ~NAGEMEN, CI~RtCT e MAR~, QFF-SITE DISCHARGES DURING CONSTRUCTE~ AND-D~VELO~ENT WILl ~ M~E ONLY THROUGH THE: FACILIT)~S AUT~RI~ED BY THIS ~TITY MEET~N~ ~E REQUtR~E~T IN SECTION g~o~ ~8~STS OF]~I'~, FOR. S~RF~ WATER ~GEMENT PE~IT APPL[CATrO~S WITHIN S~UTH Fm"oRI~ WAY[~ ~JSTRICT ~ ~AECH. ~B94," HAS ~EN ESTABLISHED TO OPiaTE[AND M.A~INTAIN~T~E ~. THE ENTITY MUST BEPRG~IO~ WI)H ~FF[CI~i? OWN~S~IP O~ L~AL SO ~T IT ~AS C~T~L OVER ~L~ WATER ~AG~E~ F~JLITIES AL~H~RI~D PRIVILEGES ~ER ~AN ~SE SPECIFIED tN ~E RE~IT ~D C~PT~'4OE-~, FAC. ' OPE~TION, ~tNT~E ~R ~$E ~? ,~Y ~CI~Y ~ ~ THE kE~IT. T~I~ PE~[T, IS ISSUED BASEO ON THE APPLiCAnT'S ?BMITT~ INFaRCTiON WHiC~ REA~BL~ DE~NST~TES THAT AOVER~ W.A E~ RESCalE RELATED iMPACIS WILL ~OT CAbSED 8Y ~RE C~L'ETEO"~tT ACTiVITy. ~ULD ANY ~DE~SE IM9~CT~ CAUSED'G,' T~E COMP[ETE~ SURFACE WATER2~E~EBT S?STEM OCCUR. THE D~STRICT WILL REQUIR~ T~E?~MITTEE TO PROVIDE AP~ORRI~:E M~tGATION TO TKE OIS~RICT OR OT~E~' IMPACTED PARTY. TH~ DISTRICT WILL REQUIRE THE PE~I~EE TO ~ODIFY THE SURFACE gATEK M~AGEMENT SYSTEM, )F NECESSARY, TO ELIMINATE THE CAUSE OF THE [~ACTS, . ~LTNIN 30 DAYS OF ~SSUAHCE OF THiS PE~IT, ~E PERMITTER OR AU~ORITED A~ENT ~l~ h~OTIFY THE DISTRICT (VIA THE SUPPLIED CG~4ST~CTIQN CO~NCE~E~T NOTICE EQL'IVALENT) OF THE ACTUAL OR ~TtCZPAI'[g CONSTRUCTION START O~TE ~O THE DATE. AUTHORIZED SPECIAL CONOITIONS h MINIMUM BUILDING FLOOR ELEVATION: ~ FEET NGVO 2. ~E P~I~[E S~tt BE RES~NSIBLE FOR ~E CORRECTION OF ANY EROSION~ SHOALING OR WATER QUAklTY P~OBL~S THA~ ~E~LT F~OM lHE ~NSTRUCTION OR OPEn,ION OF TNE 3. JEASURES SHALL 8E T~ OURiNG CONSTRUCTION TO INS~E THAT SEDIMenTATION [URBIOI~ PROBLEMS ARE NOT Cg6AI~ IN THE R~CEIVE~ WATER~ ' 4. THE DISTRICT RESERVES THE RIGHT TO R~QUIRE ~AT AOOITIONAL WATER qUALITY TR~TMENT ~H~ BE INCORPOraTED ZN~O TH~ ORAINAG[ SYSTEM IF SUCH M~SURE~ ARE 5. LAKE SlO~ SLQP{S S~LL BENO STEEPER ~AN 4:1 t~O~IZ~TAL:VERTICAL) TO A DBPTH OF T~O FEET BELOW ~E CONTEL ELEVATION. SIDE SLOP~ ~tLL 8E NUKTURED PL~T~D FR~ ~ FEET ~ELOW ~0 1 F~T ABOVE CONTROL ~LEVATION TO INSURE VEgETAtiVE 6. FACiiiTIE&OT~8 ~AN ~ ~TAT~ ~N 3~ N~ ~ CONSI~UCTE8 WITHOUT AN COPY OF THE FILED ARTI~ OF 'I~ORPORA~ION A~D A COP? ~F THE CE~TIFI~ NC~RP~TI~N EOR'THE'H~Ea~NERS ASS~IATION CO~EC~RENT WIT~ THE C~ I~ICATZ~ OF C~S~U~ION C~PCE~ION South Florida Water Management District SURFACE WATER MANAGEMENT PERMIT (NON-ASSIGNABLE) NO. 50-01081-: AUTHORIZING: DATE ISSUED: June 9, 1983 CONSTRUCTION AND OPERATION OF A WATER MANAGEMENT SYSTEM SERVING 66 ACRESOF RESIDENTIAL AND COMMERCIAL LANDS BY AN INTER-CONNECTING STORM SEWER SYSTEM DISCHARGING INTOAN ON-SITE DRY RETENTION POND WITH TOTAL ON-SITE RETENTION, LOCATED IN: PALM BEACH COUNTY, SECTION 9 T~VF.~. 4~Sq~' I~G~ ~ 43E ISSUED TO: ~ ' · ~' '~ H( SPECIAL CONDITIONS ARE AS FOLLOWS: SEE SHEET 2 OF 3 - 6 PROJECT SPECIAL CONDITIONS. SEE SHEET 3 OF 3 - 12 LIMITING CONDITIONS. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD SHEET 1 OF 3 PERMIT. 50-01081-S SHEET 2 OF 3 SPECIAL CONDITIONS 1. MINIMUM BUILDING FLOOR ELEVATION 22~0' NGVD. 2. MINIMUM ROAD CROWN ELEVATION 18.0' NGVD. 3..THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION OR SHOALING ~ROBLEMS~%HAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE'WATER MANAGEMENT SYSTEMj 4. THE PEP, MIl'TEE SHAL~BE RESPONSIBLE FOR THE CORRECTION OF ANY WATER QUALITY PROBLEMS THAT.RES)J[T FRoM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMEN? SYSTEM. 5. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEMsWILL BETHE RESPONSIBILITY BY ~UTUAL AGREEMENT OF: CEDAR RIDGE CONDOMINIUM ASSOCIATION, INC.; CEDAJE.RIDGE ESTATES HOMEOWNERs A~SOCIATION, INC.; AND HIGH'RI~DGECOMMERCE PARK~ASsociATiON, INC. 6. PRIOR TO. THE COII4ENCEMENTFOF ~QNSTRUCTION, PERMt~EE SHALL SUBMIT AN EXECUTEDiCOPY OF THE AGRE~MENTi~)40~E ~iGHRIDG£ ~ROAD COIv~4ERCE PARK ASSOCiATiON. INC., CEDARRID~E~,~T~T~S HOMEOWNERSASSOC~ATION,'INC , AND CEDAR RIDGE CONDOMINIUM ASSOCIATioN,INC, FOR THE OPERATION AND MAINTENANCE OF THE MUTUAL STORMWATER Sy~TEM~ ' '- ~ERMIT NO. 50-01081-S ~HEET 3 OF 3 LIMITING CONDITIONS 1. THE PER)4ITTEE SHALL PROSECUTE THE WOP,.K AUTHORIZED IN A MA~(N? SO AS T~ MINIMIZE P.NY AD~(ERSE IP, PACg/ OFTHE WORKS,ON FISH, WILDLIFE, MATUPJ~I. :N¥IRONMENTAJ. ,¥A~.UES, AND WATER QUALITY.' T14E, P~I~tTTEE SHALL iINST~TCrTE NECESSARY MEASURES icoXSTRUCT}DN PEP, IOD INCLUDING FULL COI~ACTION OF ANY FIkL MATERIAL PLAC~D A mu NEWLY INSTALLED STRUCTURES, TO REDUCE'EROSION, TURBIDITY. NUTRIEH~ LOADING AND SEDIt~NTATION It( THE RECEIVING WATERS. 2. WATER QUALITY O~TA FOR THE WATER DISCHARGED F~O~ THE pEPJ4ITTEE'S~ PROPERTY OR INTO SURFACE WATERS OF' THE, STATE SHALL l~i~ SUBHITTED TO THE DISTRICT AS REQUIRED. PAP~TEES TQ BE ,~ONITORED MAY I~L~DE'THOSE LISTEn IN .C_H~.RTE. Z.I..7~..3~.:]F^,W,A,T,E~?,,.,.S QUA[ETY DATA 1S~ REQUIRED,~ THE,PEP~EE SMALL PROVIDE: DATA ~ OF, WATER,~I~S(~REE~, INCLD~DING TOTAL VO~E DISCHA~ED [XJR~NG~THE _DA_Y.S_jO~ ...... F ~E ~ ' =TTEE SH~I~, ~I:Y.~)~ AL~L~Ai~,?£,ICABLE ?C/)].~, SU~_B,D]V~S~ON RE~gL~TIQNS A~D ~¥ Co~stROCTIO~bR ~LT~12~iIO)~OF WO~AUT~ORI~EDB¥ LORIDA CONSTRUCTED AFTER WATER THE 5. THE ~PLLICABLE LODAL 6. THE 7. DISTRICT. A~D OWNERSHIP sa THAT UPON ION,-THE DISTRICT g. THE PERMIT DOES:NOT; ~C??EY ~-THE RERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR P~I~LEG[S Oll~E~ TUAN'T~ SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC, SUEG ~ED ~ THE ~PL[C~T'S SUBHeaD [NFO~TION WHICH 11. ~&O~D[~T~T~ ~RDVERSE OFF-SiTE WATER R~OURCE RELATED I~ACTS WILL NOT:BE '~EOBY THE c~LEtEO ~[~t~ ACTIVITY. IT I):~ mE RESPONSIBILITY OF ~E FE~ITTE[ TO INsuRE'T~T,AD~E~SE OFF-SITE WAT~ ~SOURCE ~LATED IMPACTS ~ NST O~UR ~RING CO~T~CTION [NFO~T}~N S~tL IN~UDE ~, A MIN'I~H~: PUMP SIZES, LO~llUm~ ~PE~ION FOR EAC~ ~ [F O~F-~I~[ D~SCHARGE IS PROPOSED, OR OFF-SITE ADVE~[ l~mA~ A~ EVIDENt, ~ :INDi:VI~AL WATER USE PE~IT ~Y BE REQUIRED. THE ~[~I~EE~ IS CA~ION~D T~Tr~EVE~'~NTMS ~Y BE ~qUI~D FOR CONSIDE~TION OF Requested City Commission [] July 18, 2000 [] August 1,2000 [] August 15, 2000 [] September 6, 2000 IV-CONSENT AGENDA CITY OF BOSTON BEACH ITEM G AGENDA ITEM REQUEST FOR ,. Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m. 1 July 19, 2000 (5:00 p.m.) August 2, 2000 rS:00 p.m.) August I6, 2000 (5:00 p.m., Requested City Comrmsmon Meet/ne Dat¢~ [] September 19. 2000 [] October 4. 2000 [] October 17, 2000 [] November ~. 2000 Date ~inal Fornl Must be T~umed in to C(tv Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.~ Octfoer 18,2000 (5:00 p.m./ NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Approve the donation from Law Enforcement Trust Fund to The Juvenile Transition Center,/nc of Boynton Beach, in the amount of $2,500.00. EXPLANATION: The Juvenile Transition Center has requested a donation for an educational fair mp to be held in Orl~indo. Florida November 16-19, 2000. . PROGRAM IMPACT: Without the donation this mp may not oecd. FISCAL IMPACT: Local Confiscated Funds are available in account 691-5000-590-04-25. Balance $15,482. ALTEI~NATIVES: Department Head's Signature Police Department Name City Attorney / F/nance / Huinan Resources s AB ULLETIN~O RMSkAGENDA ITEM REQUEST FORM.DOC OFFICERS Stephani¢ Mingo-McKoy, President Carl G McKoy~ yice-Presiden .At the Ezell Hester Community Center 190! N. s6acres~~ BouleVard Boynton Beach, Florida 33435 September 8, 2000 BOARD OF DIRECTORS Lester Locke~t, Chairman Pris~l~ B~. Malohey, Treasurer Dear Chief C?age: Once again the time has emanated for our annual educational fair (November. 16-19~ ~. which will be held in Orlando, Florida~ Thanks to ~e generosity of your dev,~uue~m in prevmus .ye~s, ~ur agency was able to participate in a program characterized by motivating students acaaemmat~y. During the eduealional fair 1999, Kayla Lundy, was acknowledged for her high academic achievements: She was o~ered a scholarship inst(m...tane0ugl,y, and cUl~ e~n~,.,Y sh.e alon..g wi..flat~t~Vs o other pariicipants are pursuing postsecondary educational endeavors- m oraer to conunue vital trend.~the Ju~enite Transition Center would like to request your financial support in the amount Of $2,500. Thank you ~n~ ad~ance for your immediate attention and conlinued support. If you require additi0~ 'i~o~tion, pl~e feel free t0 contact me at (561) 313-4{~5, fax (561 ) 36~-8697, or e-mail chillout~b.etlsouth.net. Sincerely, / ~(elJhanie Mingo-McKo~y, Pre, dcm ~} ' IV-CONSENT AGENDA CITY OF BOYNTON BEACE ITEM H AGENDA ITEM REQUEST FoK% Reque~e*l City Commission Meeting Dates [] July 18, 2000 [] August 1, 2000 [] August 15, 2000 [] September 6, 2000 Dat~ Final Form Must be Turned into Cit~ Clerk's Office Iuly 6, 2000 (5:00 p.m.) July 19,2000 I5:00p.m.) August 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Commission Me~tin~ Dates [] S~pt~mber 19, 2000 [] O~tober 4, 2000 [] October 17,2000 [] November 8, 2000 Date Final Form Must be Tumid to Ciiv Clerk's Office S~ptember 7. 2000 (5:00 p.m.) Sepe~mbet 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) Octobex 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Authorizing the allocation of an additional $30,000.00 in available funds for the Fagade Grant Program beginning with Fiscal Year 2000-2001. EXI'LANATION: The ~City's Fagade Grant program will have approximately $7,500.00 remaining in the account at the end of the 1999-2000 fiscal year. The program continues to be used, and an additional allocation of $30,000.00 will insure that another 8-10 grants could be awarded in the future, PROGRAM IMPACT: Attached to this Agenda Item Request Form ~$ a status report on the program, showing the details of the current 12 grant recipients and the status of their grants, This program started in 1997 with an initial allocation of $50,000.00 FISCAL IMPACT: Funds are available in account 121-0000-247.01-16 to support the additional $30,000.00 allocation. S:~BULLETEN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH f ALTERNATIVES: Allow the Fa(~ade Grant program to expire once the remaimng $7,,500.00 is used up. Department I-Iead~ Signature Economic Development Department Name ~ Cit~ Atton{~y~ F~nan~-~an Resources CITY OF BOYNTON BEACH FA(;:ADE PROGRAM STATUS REPORT AS OF AUGUST 31, 2000 iTotal Funds Allocated for Fa(;::ade Program: $ 50,000.00 II Date Amount of 'Balance of Fur~ded Grants: Allocation Payment No. Paid Check No. Check Grant PriorYears ?? $ 5,000.00 $5 000.00 0.00 1. Caf~ Barista $ 5,000.00 #1 07/10/9~ 203182 $5,000.00 0.00 2. Easy Pay Tire Store $ 5,000.00 #1 09/11/98 205846 $5,000.00 0.00 3. Fishermans Catch $ 5,000.'00 #1 01/23/98 194500 $5,000.00 0.00 4. Agape Dry Cleaners $ 3,695.25 #1 02/05/99 6552 $3,695.25 0.00 5. Agape Dry Cleaners $ 1,304.75 #2 04/23/99 9887 $1,304.75 0.00 6. Cherry Hill Mini Market $ 4,170.00 #1 05/28/99 11377 $1,175.00 2,995.00 " " " " #2 08/12/99 14623 $! 236.96 1,758.04 " " " " #3 04/21/00 26825 $932.50 825.54 " " " " #4 06/15/00 29273 $825.00 (0.54) 7. Fraternal Order of Eagles #3944 $ 3,237.50 #1 09/16/99 15975 $3,237.50 0.00 8. Fraternal Order of Eagles #3944 $ 1,424.00 #1 06/15/00 29258 $582.40 841.60 9. Superb Signs $ 2,548.15 #1 03/03/00 24603 $2,431.22 116.93 10, Scully's Market $ 825.00 #1 01/15/99 5955 $825.00 0.00 11. Decorating Centre $ 2,175.00 #1 03/01/00 24378 $2,175.00 0.00 12. United Church of Christ $ 3,095.00 3,095.00 Totals $ 42 474.65 ......... $38,420.58 4,054.07 Balance of Facade Program $ 7,525.35 Unexpended Amount 11,579,42 i 11,579.42 o9/12/20oo Requested City Commission Meeting Dates [] Jul5 18,2000 [] August 1,2000 [] August 15.2000 Sepremoer 6, 20{)0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR Date Final Form Must b~ Turned in to CiW Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m.) August 2, 2000 (5:00 p.m.) August 16. 2000 (5:00 p.m.) Requested Cit~ Commission Meetine Dates [] September 19. 2000 [] October4. 2000 [] October 17,2000 ~] November $. 2000 IV-CONSENT AGENDA ITEM I Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.~ September 20, 2000 5:00 p.m0 October 5,2000 (5:00 p.m.~ October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Developme~lt Plans [] Consent Agenda [] New BusineSs [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation RECOMMENDATION: Motion ro approve additional work on the Gateway Blvd. Improvement Project for the construction of drainage improvements that were an oversight in the original design EXPLANATION: In the original design of the project an oversight was made in the vicinity' of Station 259+65 to 265+50 by the consultant that resulted in drainage ponding on private property. This condition did not becon~e obvious until the cons~actlon of curb and gutter m the area. The consultant has developed a correction to the plan that consists of two drainage structures and two outlet pipes to the drainage retention basin. The contractor has presented a proposal to do the construction. PROGRAM IMPACT: This work will eliminate a serious drainage problem that has been created hv the construction of the roadway. - FISCAL IMPACT: The additional work will be conducted in accordance with Section 8.4.3 of the contract, which is a reimbursable method of payment. The contractor has quoted in h~s proposal an upper limit of cost of 1528,152 00 tDot~e~SoS~l ~hes~e consultant, Post, Buckley, Schuh and J'ernlgan are under way regarding compensation for this correction g gu- be far greater thee prnpos~d. // Depart~nent Head's Signature ALTERNATIVES: There are few alternatives that would satisfy the drainage problem. The only other alternative that could be considered would be the reconstruction of the roadway at a lower grade, however the cost ofithis alternative would ' i ' Oft~ Manager s Signature ENGINEERING DEPARTMENT Department Name S:\BULLETIN FORMSL~GENDA ITEM REQUEST FORM.DOC City Att-orney / Finance / Human Resources DEPARTMENT OF ENGINEERING MEMORANDUM NO. 00-14i John A. Guidry, InterimDirector of Engineering TO: Kurt Bressner, City Manag¢r FROM: DATE: September 20, 2000 D AGE OVERSIGI~:T O~GATEVCAY BLVD. A drainage problem has been discovered on Gate~ay Blvd. from approximate station 259+65 to 265+50 along the frontage of;the commercial area. A redesign of the area between the 65% design review and the 95% design review res6ked in an oversight oii the p~trt .o~he consultant that will cause drainage to back up on private property. · Post, Buckley, Schuk and Jeringan,-the Consultant for the de,sign:and 9o ,r~s ~,t~mction of the project, have developed a redesign as a s61utioWto the problem. The co~lf~it IZm~'been asked to accept responsibility for the error. At t~s ~0int, the negotiations are continuing. The redesign ~vill require th& const]mction of two drainage inlets and two outfal~s across the east bound tarle, of Gateway and directing the drainage into the construction of the flumes of the drainage retention basin. A copy of the redesign is attached for review. We have a proposal from the contractor to do the ~onstmc~d;on. The work will be: conducted in.accordance with 8.4.3 of~e contract, l:his section;allows for kdditi0nal W0rk to .be ordered on a reimbu.rsabte basis. A copy of this section of the contract has:been 4,ttached for your review. In the proposal received from the contractor, the uppe~ limit cost of co~stmcti6niwilI be .$28,152:001 with an estimated time for the consrruction of 5 days. l'he actual cost of the work will be based on time and materials used, in accordance with the contract. A copy of the contractor's proposal has been attached. It is recommended that the work should be ordered in accordance with the contract to install these corrections in-the drainage plans. In addition, talks with: PBS&J should continue to secure reimbarsemem to the City for the cost of manpower, equipment and mate~s to be used in the construction. IAG/ck Attachments S \Engm¢¢ring\Engkneering Dept· Memorandum.doc 8.4 The value of any change ordered under the Contract for ex-rra work and/o~r~ any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 8.4.2 8.4~3 By such applicable unit prices; if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid rem is significant, in the opinion of the, Engineer;, the unit price shall be subject to remew to determine if a negt tm.i! price should be negotiated; or If no such unit prices are set forth, then by a lump sum or _other unit prices mutuallY agreed~aPon by:the C~;T~ and t~h~ CON'i'RACTOR: or By cost reimbur~,ement,: which igithe~actua~ cost for labor, d[irect overhead, materials; Supplies; eq~pment ~c~' Other 'services necessary m complete the work plUS:~fiffeen (15): ~oercent .to c~over the cost of general, overhead and profit. For.. all la~0r ~d forefiian in ~rect charge of ~he authorized ~)perationg the CO~CT0g~ shrill re~eive the ~urren~ local rate of aour said ~bor,ar~!~ ~O~ for~man.'~e~actually engaged t~ereon An u'pp~ I]~"~ of total cost and Of pro!St Shall31he agreed upon and shall not be exceeded unless apprOved:by theGITY. ~,~ 8.4.3. I The,CONIR~. C~OK s~ti ;submit sufficient cost and pncin~ data to enable the'En~i~,~e- ~ ~- · ~ ~. ~.~ ~.~u *~rrmne the necessity and reasonableness of~osts aJxt am6~nts pr. oi~sed and the allowability and eligibility of costs proposed.'.; 8.4.3.2 T~he CONTRACTOR 'shall have an accounting system which ~dounts for such costs in accordance with generally accepted accounting,, principles. Tkis system shall provide for the idenfificaticm, accumulation and segregation of allowable and unallowable Change Order costs.- 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost pr/nc~ptes wh/ch must be used for the determination and allowability of costs under grant. 8.4.3 4 In no case shall fringe benefit costs on direct labor :osrs exceed forty (40) percent~ of direct abor costs. C-7 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in, the aggregate exceed fifteen (15}.~ercenl:_of the total cost of direct labor, fringe benefits, direct overhead, :maierials' supplies,: equipment and dii'ectly related semces supplied by him. A_m~ng theit~ms considered as general 6verhead am bonds, insu:rance? iiiCidental:.job~ ~burdeiis, and general, office expens~-s~,~: for administering ' cost 9.0 pumps, or other equipment, required the the agreed rental 'its use on [ the current he Blue Kate shall be at the end of each Such daily records under the contract copies of the signed by the retained by each. P ~ ~!~ 4-.~..;,,~,~,~,,,i~f~ '~ts :~uctrstatements snail oe ~uu · ed statement', supporr~ ~j~,-~vb,'~' -' . ' ..... ,- cemfi . z . _.~i~aa+ rA~,h/~::~dn~ m whch the wort was aone. ~u lmm for e~ra we ~ ' , ' rk ~s c ~ -. . , ~ er~ewo ~ores~d ~d the cl~,P~emed a~'~*~ume of the,first emmate ~ completed. PRO.CT ENG~ER 9.1 The project en~ne~r is~o~; Buc~ey, S~huk and Jemg~ Inc. . . . defined in The En 'neet sh~l~have g~er~ sup~m~on ~d d~recuon of the work as 9.2 . ~ ~ , ~-['~:~2-s~ ~e E~ne'&r is~the agent of the CITY only to the e~enr prodded in the conwact documen~ and when in speci~ instances he has the authod~ by CITY ro act, ~d in such inst~ces he shall upon request, show CO~CTOK~ authod~. He has au~od~ to stop the work whenever such stoppage may be necess~ to insure ~e proper execution of the contract. C-8 SMITI4 & COMI=AJ~Iy~ INC. August 31, 2000 City of Boynton Beach ?.O. Box j 10 Boynton Beach, Florida 33425 City of Boynton Beach Project # CP9901 Gateway Boulevard Roadway Improvements Gateway Boulevard from North Seaerest to US l. ATTN: Larry Roberts VIA FACSIMILE 31 AUGUST2000 Subject: Drainage Redesign - Plan Error - Station 59+65 to 265+50 Dear Mr. Roberts, As you are aware, SCI has been :tlligently constructing the Boulder Flumes depicted in the Contract Drawings. At the end o£work today, SCI will have completed three 13) of the five (5) flumes A Plan Error, station 59+65 to 266+50 Right Roadway, consisting of capturing and conveying stormwater fi.om property owners was conceptually addressed by installlug a crossdrain into the Flume station 265+00 Right. The Owner has conceptual y presented two different corrective drainage scenarios, and SCI has developed this proposal combining the attributes of both. SCI wishes to recommend the following: o Install a Type 'C' Ditch Bottom Inlet station 265+00. in line with the proposed sidewalk, to capture and convey adjacent private property, water into a Ductile Iron erossdrain north across the proposed roadway construction into the aforementioned Flume at the same stationing. · Install a Type 'C' Modified Inlet station 262+31, beneath the proposed sidewalk, to eapmre and convey adjacent private property water into a Ductile Iron crossdrain north across the proposed roadway construction into the aforementioned Flume at the same stationing. This will eliminate the longitudinal piping required in the first corrective scenario, and reduces the amount ofshent flow across multiple private properties as depicted in the second corrective scenario The "Upper Limit" estimate for this work will be $28,152.00 and an anticipated five (5) working days. Any Owner engineering costs would be forwarded to SCI to be included in this estimate. Time is the essence of this proposal pursuant to the following; 1. Flume construction will come to a stop as of end of work today. 2. If the proposed sidewalk is to participate in the proposed redesign, its cross slope will have to be inverted bom the plan cross slope. This decision will impact the scheduled sidewalk construction in this area. Corporate & Estimating - ;200 Wesnon Road 2md Floor · Wesgon Florida 33326 - (954) 384-4440 . Fax (954) 384-4449 Accounting - ~625 N. Commarce Pkwy., Suite 315 - Weston Florida 33326 - 1954) 384-1166 . Fax (954) 384-6136 Central Florida - 8030 U.S. h~§nwai 98 N. - Lakeland. Florida 33809 - 1863) 858-6768 * Toll Free 1877] 286-7770 . Fax (863] 853-~882 An employee-owned company September 6, 2000 Mr. Larry Roberts Project Manager City of:Bo~,nton Beach P.O Box310 222 N.E. 9th Avenue BoymonBeach, FL 33432-0310 Re: Gateway Boulevard City Project No. R97-194 Constrnction Project CP9901 (Bid No. 038-25t0-99/SP) Drainage Redesign - Station 259+65 to 265+50 Fax 742-6285 Dear Mr. Roberts: PBS&J ha~irecei~ed a letter (August 31, 2000) addressed to you from James Ware, of Smith & Company, Inc. (SCI) regarding the referenced drainage redesign. PBS&J agrees with the proposed w~tk that will be completed on a time and materials basis (force account) as provided [n the ~SCI~ll~tt~ri The proposed work involves adding two inlets and two pipe crossings of the south roadway at a cost limit of $28,152. PBS&J recently identified this additional drainage need after field observations of drainage patterns not !dentifiable until the project was under construction. The current plan does not have ~7 ~r~ts'~sr pipes due tO ~n ihnovative design change PBS&J implemented when the pond'w~s ~t~d6d a~er the 65% review The currer~t design saVed the City $60.000 over the previously approved 65% design by eliminating pipes and inlets in this area. The proposed revision adds some of the required pipes and inlets back into the project Please note that PBS&J has absorbed all costs associated with this redesign ~t no cost to the City. -Should you have any questions or need additional information, please cah. Sincerely, Douglas E. Norris, P.E. Project Manager K: pROJECTS\GATEWAYXDOCS\LETTERS\ROB ERTXROB09060.DOC 3222 Commerce Place, Suite A ,. West Palm Beach Florma 33407 o Teleonone: 56t.689.7275 * Fax: 561.689.3884" www,pbsl.com An employee-owned company September 7, 2000 Mr. Larry Roberts Project Manager City of Boynton Beach P,O. Box 310 222 N.E. 9th Avenue Boynton Beach, FL 33432-0310 Fax 742-6285 Re: Gateway Boulevard City Project No.,R97-194 Construction Project CP9901(Bid No. 038-2510-99/SP) De.ainase Redesigh - Station 259+65 to 265+50 Umt P~:iee Comparison Dear Mr. Robe,s: As requested, PBS&J has evaluated the price proposal (August 31, 2000) addressed to you fi'om James Ware, of Smith & Company, Inc. (SCI) for the drainage redesign near the pond. The proposed. . work involves adding two inlets and two pipe crossings of the south roadway at a cost hm~t of$28.152..Because we do not have an exact breakdown of items included in the SCI proposal, it is difficult to make a direct comparison. We have reached the following broad conclusions regarding the proposal. This same work would be valued at approximately $10,000 using contract unit prices for inlets and pipes. The additional cost above the standard unit pricing because of the paving work thru has already been placed. The additional cost ($18,000) weI1 exceed trait pricing ($2,000 to 3,000) that would be expect normally be expected for reworking the pavement and curb in this area. We trust that the upper limit cos~ will be less than the expected maximum cost. Should you have any questions or need additional information, please call PBS&J Douglas E. Norris, P.E. Project Manager \\WEST-PALM\SYS2\PROJECTS\GATEWA~qDOCS\LETFERS\ROB E RT~ROB09070.DOC 3222 Commerce Place. Suite A * West Palm Beach. Florida 33407 ,, l'ele~ ]one: 561.689.7275 · Fax: 561.689.3884 · www DDS..COm SCI presents this option fi.om an advisory perspective, and any "hard engineering" required confirming this option will be the responsibility of the Owner. '~o~ ~!.prompt review and response to this proposal is paramount. ':]fy0u have any questions, please contact me at 954-868-1702. rely Y File-B-1 Stephan W. Smith BOb Murphy Jim Allure Joe Root Bruce Wolosyn Requested City Cormmss~on Meetin~ Dates [] July 18. 2000 [] August 1, 2000 [] August 15. 2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR_._ Date Final Form Mustbe Turned in to CiW Clerlds Office July 6. 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m.) August 2, 2000 (5:00 p.m.) AugUst 16, 2000 (5:00 p.m-) Requested Cit~ Comm/ssion Meeting Dates [] September I9, 2000 [] October 4. 2000 Octaber I7, 2000 [] November 8, 2000 IV-CONSENT AGENDA ITEM J Date Final Form Must be Turned in to CitF Clerk's Office Septerdber 7. 2000 (5:00 p m.~ September 20, 2000 (5:00 p.m. } October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.m.) NATUltE OF AGENDA ITEM [] Adminislrative [] Development Plans [] Consent Agenda [] New Business --[ Public Hearing [] Legal [] Bids [] Unfinislied Business [] Announcement [] Presentation RECOMMENDATION: Approve payment to P.B.Co. League of Cities for annual membershi~ for FY 2000-2001 EXPLANATION: City's annual membership dues to P.B.Co. League of Cities PROGRAM IMPACT: Allows City Officials the opportunity to serve on boards and participate in discussions at a County level which may impact the City FISCAL IMPACT: Increase of 3% over FY 1999/2000 dues budgeted in FY 2000/2001 ALTERNATIVES: Department Head's Signamr6 ~ Civ/Manager's Signature Deparunem Name -- ~-City AttOrney Finance / Human Resources S:~BULLETIN~ORMSL~.GENDA ITF3/[ REQUEST FORM.DOC CITY OF BOYNTON BEACH CiTY COM~iSSION ~PPROVALOEBI~LS Palm Beach County League of Cities, Inc .......................................... $10,t31.00 Pay from Membership Account 001-1110-511-54-20 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 1 O, 131.00 To: Palm Beach County League of Cities, Inc. P.O. Box 1989 Governmental Center West Palm Beach, Florida 33402 For: FY 2000-2001 Membership Dues Letter dated September 13% 2000 Reeuested by CtTY MANAGER Date September 18, 2000 Approvals: Dept. Head Finance Dept. City Manager ..... ,, ,ua u. I 33 10,131.00 $10,131.0( September 13, 2000 Mr. Kurt Breasner City Manager City of Boynton Beach ~ Blvd. 33425 Inco Dear City Official; Wethink the Palm Beach County-League of Cities, Inc. is one of your most valuable tools in the area Of intergovernmental advocacy, affecting public policy as it impacts municipalities' ability to,self-govern under the conceptof "home rule." The work of the League could not be possible ~thout theongoing involvement of your elected officials and staff, who become active 6n °u~ boa~Ch at'sur general membersl~ip meetings, on league action committees and representing municiPaL~sSues,, on appointe.d, countb~vid¢ b.oards and task forces: Of course, the financial suppor~ 6fPa~ Beach ~ounty s 36 m~micipallties through your dues, sponsorships and hosting of LeagUe functions is critically important as well We thank YOu for your ongoing supportW As l~reviouslY noticed, the Board of Directors approved a 3% annual increase in the membership dues for the 2000-2001 fiscal year, due October 13, 2000. Your dues are based on your population figures derived from University of Florida data collected annually. Your City's projected dues are as follows: 2000 P ulation fi re: op gu ........................ 55,483 · _ FY 2000,2001 .Dues: ...................... $10,131 We, appreCiate your ongoing suppo_rt, ofthe Palm Beach County League of Cities, Inc. The League is your resource, so don t hesitate to call us with any comments or questions. Sincerely_ . . ...~es S. Tite°mb ~ ~ Executive 'DireCtor / "Get in touch with the League" ./ (561 ~ 3554484 · Fax 355-6545 · Email: jtitcomb@co.palm-beach.fl.us Mail: P.O.Box 1989. Governmental Center. West Palm Beach, Florf~a 33402 Office: 301 N. Olive Avenue. West Palm Beach. Florida 33401 palm Beach County · LEAGUE. of CITIES, I c. Dear City Official, The Palm Beach County League of Cities,/nc. may be your most valuable tool in the area of intergovernmental advocacy and,proactive policy influence: The League__ is virtually constantly address public pohey as It unpacts municipalities ability to self-govern under the concept of"home 2000 League of Cities ltighlights Include: · Facilitating a sucgessful ongoing network _b~,_t~,,een peers in the elected raunie~ipa[amma. ,The League provides the umque 0ppommity for elected officials to 'talk shop" with theft-peers oai~sues and solutions common to all oities. This format avoids problems normally a~soeiated with the Sunshine Law. · Major movements in regionally impacting legislative initiatives are achieved where the League constantly advises and lbbbies. The League cantin.ually meets, with members of the County Commission, the School' Board, Legi,slafive Delegations and ~ari0us interg0vemmenial depa/auents and agencies in the effort to articulate the needs of eifios and positively impeet outeomos for mkm/opalities. *The] our member cities and tl OUr ~ and "electronic ~ssues our · The liaison i disaster. · Our regional League continues to remain vex~y active in legislative influence in association with. "sister" ~ ~n organizational third of the ~ contffbute positions and ideas on B~;~lvement in the League of Cities produces positiye results for .the betterment, of all the municipalities in Palm h County. The work of the League Can not be possible without the ongoing involvement of your elected offieiats and Staff who ~e.activ. e on our board, a.t our general membership meetings, on l~gue action committees and who represent munmlpal lss, ues on appointed Countywide boards and task forces. Ofcourse, the financial support of Palm Beach County s 37 m,unicip.alities through your dues, sponsorships an~d hosting of League functions is critically important, as well. We thank you fo~ your ongoing supp0rt! Sincerely, : James S. Titeomb Vice Mayor Pro Tem Retha Lowe Executive Director Board President t561) 355-4484 * Fax 355-6545 * Email: jtitcomb@co.palm-beach fl us Mail: P.O.Box 1989, Governmental Center. West Palm Beach. Floff/~a 33402 Office: 301 N. Olive Avenue. West Palm Beach. Florida 33401 Palm Beach County LEAGUE of CITIES, .. September 12, Mr. Kurt Bressner City Manager Dear Ci~ Official, municiP~ Inc. is one O'f your most valuable tools in affecting public policy ag it 'impacts municipalities' the League could not be become active As:,p, rey~usllf~¢~,,,~,~Board~gf Directors app~ovefl a 3 ~. amau~14ncmase :in the membership dues ,for ~e~ ~0~2001 ~fisgal ,g~ar, dll~ ~to~r 13~ gt)O0 Yo~ daes are based on your populatmn figures de~ie,~ ifiZ!~m¢IJniv~ts~y,of:Flodda~data eolleetecl~annually. Your City's pt0jected dues are as f~iig~s;. ' ' ' · ~... '. : 2,000~POpUlafion figure:.... ................. ..... 55,483 ~'" ....... ~'0 I ~'i, ....... !: 0, :3i We appreciate your ongoing support, of the Palm Beach County League of Cities, Inc. The League is yaar resource, so' don t h~sitate~o call us Wi, th any comments or questions. Executive Director "Get in touch With the League" (56 Il 355-4484 · Fax 355-6545 · Email: jtitcomb@co.palm-beach.fl.us Mail: P.O.Box 1989. Governmental Center. West Palm Beach. Hoff/la 33402 Office: 301 N. Olive Avenue. West Palm Beach. Florida 33401 Palm Beach County LEAGUE of CITIES, Dear City Official, The Palm Beach County League of Cities, Inc. may be your most valuable tool in the area of intergovernmental advocacy and proactive pohcy influence. The League is virtually everywhere you aren't able to be.-We constantly address public policy as it impadts municipalities' ability to self-govern under the concept of"home role." 2000 League of Cities Highlights Include: * Facilitating a successful ongoing network between peers, In the elected municipal arena. The League provides the unique opportunity for elected officials to "talk shop' with their peers on issues and solutions common to all cities. This format avoids problems normally associated with the SunshIne Law. · Major movements in regionally impacting legislative initiatives are achieved where the League constantly advises and lobbies. The League :ontinually meets, w~'th members of the County Commission, the School Board, Legislative Delegations and various intergovernmental depamnenta and a~encies in the effort to articulate the needs of cities and positively impact outcomes for municipalities. · The Palm Beach County League's communications and communication tools for our member cities and associates have been widely successful in raising the stature and awareness of our organization. Through our newsl~etrer, www. Ieagueofcities.org, the annual League directory of member resources and "electronic issues alerts' we are keeping our members abreast of constantly changing legislative issue~. · The League makes multiple appointments m state, regional and county boards and c~mmittees charged with advising and formulating policy for issues of siguificant impact. In addition, the League's internal committee structure allows our members to effectively address-more legislative initiatives through formalized advisory procedures. The League staff also works with the Palm Beach County Emergency Management as a municipal liaison in the event ora hurricane, general emergency or other natural disaster. · Our regional League continues m remain very active in legislative influence in association with. "sister" organ/zafions such as the Florida League of Cities and the National League of Cities. As an organizational third of the Gold Coast League of Cities (representing Dade, Broward and Palm Beach)we regularly contribute positions and ideas on policy regionally impacting our area. Involvement in the League of Cities produces positive results for the betterment of all Re municipalities in Palm Beach county. The work of the League can not be possible without the ongoing involvement of your elected officials and staff who are active on our board, at our general membership meetings, on league action cormmttees and who represent municipal issues on appointed counErwide boards and task forces. Of course, the financial support of Palm Beach County's 37 municipalities through your dues, sponsorships and hosting of League functions is critically important, as well. We thank you for your ongoing support! Sincerely, James S. Titcomb Executive Director Vice Mayor Pro Tern Retha Lowe Board President ,561) 355-4484 · Fax 355-6545 · Email: jtitcomb@co.palm-beach.fl.us Mail: P.O.Box 1989L Governmental Center. West Palm Beach. Floff~a 33402 Office: 301 N. Olive Avenue. West Palm Beach. Florida 33401 Requested City. Commission Meeffn~ Dates [] sui 8.2ooo [] August 1,2000 [] AugUst 15, 2000 '--] September 6. 2000 I¥-CON$1:NT CITY OF BOYNTON BEACH ITEl l K AGENDA ITEM REQUEST FOR Date Final Form Must be Tamed in to Ciw Clerk's Office July 6, 2000 (5:00 p.m.~ July 19, 2000 (5:00 p.m.) August 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Commission Meeting Dates [] September 19. 2000 [] October 4, 2000 [] October 17. 2000 [] November 8_ 2000 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 15:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000(5:00 p.rr~ ~ NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Businegs [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentatior~ RECOMMENDATION: Approve a contract with Wallace Roberts & Todd. LLC to provide construction documents, permitting, and construction administrative serwces for Boat Club Park for fixed fees totaling $124,900, Additional fees and services which may be required by permiting agencies will be billed seperately. Concur with the Cit3¢ Managers previous administrative approval of $9.500 for a rev/sed Master Plan for Boat Club Park. EXPLANATION: At the September 6, 2000 meeting the~ City Comm/ssiun zauthorizied the City Manager to ne~gotiate a contract with Wallace Roberts & Todd for consulmt Services .The City currently has an Interlocal Agreement xmth Palm Beach County to further develop Boat Club Park. Wallace Roberts & Todd LLC has done previous planning on both Lntracoastall;ark site and Boat Club Park in 1991 and ia t997. Site improvements to the Park now include 75 additional boat trailer parking spaces, improved ramping and docking facilities, repairs to the seawall, etc. Original plans called for the provision 0£50 additional boat trailer parking spaces, Changes to the Intracoastal Park concept plan required ail 75 spaces needed by the County to be located at Boat Club Park. PROGRAM 13qcPACT: The addition of 75 boat Ixailer spaces au Boat Club Park will significantly improve service to the boating publ/c. Weekend boat trailer parking on US 1 should be significantly reduced or eliminatedt / FISCAL EVIPACT:~The City/County Interlocal Agreement calls for a grant reimbursement of $900,000 by Palm Beach County consultant fees will be covered by this agreement. ALTERNATIVES: Prepare a new RFP allowing other fwms to submit proposals for this work. This will take considerable time and could pm our grant f Iota Palm Beach Cotmty h i jeopardY. nt Head's Signature L "C'~tyManager s Signature w Cit~ X~toxTney / Finance / Human Resources Department Name S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC AUG-~-~00 16: lB Plain n~ a De,ion August 22, 2000 bIPL.LF:CE ROBERTS ~ TODD, I Cor~l ~ebte~ Oalla$ Lake Pla¢icl San Oieg~ John Wildner. Parks SuPerintendent City of Boynton Beach i'00 Eas~ fioynton Beach Boulevard B0>mton Beach FL 33426 Re: Construction Documents for Bo~t Club P~k Dear Mr. Wildner: Wallace Roberts & Todd, I. JLC (WRT) is pleased to present this proposal to provide Construction Documents, Permitting, and ConstrUction Administration Services for Boat Club Park. Joining WRT in providing these, master planning arid design ~etvices will be: ,, SunTech Engineering - Civil and Environmental Engineering · Sea Systems Corporation - Marina Design · IDS - ~igafionI~sign Service · oartek~t{glneering. Mechanical, El~x:trical and Plumbing Engineering · CRX'- Cla~ke, Inc. 2 StrUctUral Engineering PROPOSED DESIGN AND CONSTRUCTION FEES The WRT rec..mx, proposes to. comp ere full pr.o..f,..e, ssional services for design, preparation of c6ns-tmet~on documents a. nd construction 'administration services.for the site and archilecturai improvements tdentified in the final Master Plan for Boat Club Park as listed below. Permitting and survey services will be considered an additional service and will be billable and payable in accordance with the attached rate schedule. 1) 2) Phase I. Upland Areas for a fixed fee of $63,400, Phase II, Marine Areas for a fixed fee of 522,500. PROPOSED MARIArE AND UPLAND PERMITTING FEES The WRT team proposes to comvlete upland ~ea, dock. ,and miscellaneous marine area perrnimng s~r~ices for a fixec~ fee as folloW~: Wallace Roberts & Todd, LLC Igl Glcalda Aveaue, Penthouse 305.448.0788 www. wrtde$ign.¢om fax 30S,445.B432 16:18 ROBERTS ~ TODD~ 1) 2) Phase I. Upland Areas for a fixed fee of $ IO.tXiO. Phase IL Marine Areas for a fixed fee of $ 9,000. PROPOSED MARINE SURVEYING FEES BaSed on our discussions and earlier commenu~ by permitting agencies, we understand that the following survey information will. be necessary to complete the marine design of Boat Club Park and obtain permitting agency approvals. They are as follows: 1) MHW Survey 2) Seagrass Survey 3) Hydrographics 4) ' Water Quality Testing 5) Legal Descriptions for State Lands Authorization 6) Update Marine Portion of Marine Topographic Survey $2,500 $2.$00 $7,500 $~,000 $1,500 Total $20,0t30 Additional information and surveying that may be required by permitting agencies will be billed as an additional service. If this proposal mcet~ with your approval, please contact me regarding the necessary procedure to establish a {ormal contractual agreement. If modification of this proposal would better suit your needs, please contact me. Regards, · Marston. ASLA RUG-~3-2000 16: lg WI~-LI~E ROBEI~TS ~, TODD, Pdn~u~ Wallace Rob.~s & Todd, LLC Ho~fl¥ RalelSchedule $ lT0-200/hr. Associate Professional Staff $ 115-145/hr. Technical Staff $~0~5~r. Clerical Staff Principal Sun Teeh Eh, gincering Hourly Rate ScheduLe $ 40-50/hr. $ 100/hr, Professional S~-f $85-95/hr. Technical Staff .$ 60~r. Clerical Staff , $ 30~r, TOTAL P. 04 · ~P-18-2880 15:27 WALLIOf:E ROBERTS A TODD, 505 ~45 8zL~l P,02 9,"18/00 Boat Club Park: Fee I~reakdown · I~g-OCsign (Includ~¢ All PisciplinCe) · IR¢-Packag¢ Con¢l;ruc, tion Ood¢ · CA ~rvic~s (All Oisclplin~e) $55.430 6,570 tO?Ab Marine · I~evi~w/l~evie~ De~ion tc Currgnt ~t, andarde $ 8.540 · ~-Pac~g~ Construction Oocum~nt~ 2,3~0 · ~A 5~ic¢~ (All Oisciplin~) ~ TOTAL $ ~,600 TOTPi. =. ~ Requested City Comrrdssion July 18, 2000 [] August 1. 2000 [] Au~s~ 15.2000 [] September 6, 2000 IV. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOK_._ Date Final Form Must be Turaefl in to City Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m.) AUgust 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Cormrdssien Meetina Dates [] September 19, 2000 [] October 4, 2000 [] October 17,2000 [] November 8, 2000 CONSENT AGENDA L Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 15:00 p.m.) October 5, 2000 (5:00 p.m. October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New BusineSs [] Public Hearing [] Legal [] Bids [] Unf'mishedBnsmess [] Announcement [] Presentation RECOMMENDATION: Authorize the City Manager to negotiate a contract with Wallace Roberts & Todd, LLC to provide masrerplan revisions, construction documents, permitting, and construction administrative services for Intracoastal Park. EXPLANATION: The City is currently negogiating an Interloca! Agre .e~nent wi.'th Palm Beach Cou~.ty.to develop Intracoastal Park. Wallace Roberts & Todd LLC has done previous planmng on both Intracoastal Park s~te and Boat Club Park in I991 and in 1997. Purchase Orders in effect fi.om 1997 were terminnated before yomt~letionwhen plans.for the park were being reconsidered. Now that we are again prepared to move forward on these projects t! appears app[opnate to renogiate the modified scope of work for Intracoastal Park. The Palm Beach County Commission zs ~eqnesUng a firm commiunent fi.om the City concerning dmelmes for constmctiion before formalizing this agreement. PROGRAM IMPACT: The constuction of a park on the Intracoastal Waterway will add significantly te the recreation opportunities provided for the residents of Boymon Beach. fiSCAl. 12MPACT: The proposed City/County Inteflocal Agreement calls for a grant reimbursement of $1,700,000 by Palm Beach County. Consultant fees will be covered by this agreement. ~LTERNATIVES: Prepare a new RFP allowing oth~ firms to submit proposals for this work. This will take considerable time and could put our grant from Palm Beach Coumy in jeopardy. Depamnent Head's Signature Parks Department Name Manager's Signature City Attorney / Finance l-Iuman Resources S :kB ULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC Requested City Cormanssmn _M_eelin ff Dates [] July t8. 2000 [] August 1, 2000 [] August 15~ 2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turaed in to City Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00p.m.i AugUst 2. 2000 (5:00 p.rm) AUguSt 1.6, 2000 (5:00 Requested City Comrmss~on Mcetina Dates [] September 19, 2000 [] October 4, 2000 [] October 17,2000 [] November 8. 2000 IV. CONSENT AGENDA M. Date Final Form Must be Turned in to City Clerk's Office September 7. 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00p.m.~ October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [~ Consent Agenda [] New Business [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: That the comrmssion approve the purchase of twenty-two (22) mobile radios for use in the Parks Division. EXPLANATION: The original agreement for the purchase ofradins prepared by the Communications Division listed oily portable radios and inadverttantly omiaed the mobile radios needed for Parks vehicles. Mobile radios are needed in order to mamram commUmcations with Parks crews. PROGRAM IMPACT: Without the purchase of thses radios the mobile crews will be unable to commun/cate with the base station or other crews. Currently Parks vehicles are equiped with outdated and uurepairable mobile radios. FISCAL 12MPACT: This expenditure is outside the scope of the replacement radio system and ;viii come from the Parks buge~ account # 001-5000-596-0201 The cost is $1,029 per radio and $110 each for programmg and installation. Total cost is $25,058. ALTERNATIVES: not buy the radios and eliminate the capability for Parks crews to comrmcate with each other and with their supervisors. ~ ~ i~ty Manager's Signature Department Head's Signature Parks Deparmaent Name City Attomey/ Finance I Human Resources S:~BULLETI2qWORMS AGENDA ITEM PdEQUESI FORM.DOC Requested. City Commission Meetin~ Dates [] July 18, 2000 [] August 1, 2000 ] August 15. 2000 [] September 6, 2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m.) July 19, 2000 (5:00p.m.) August 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Comm/ss~on Meeting Dates [] September 19. 2000 [] October 4, 2000 [] October 17, 2000 [] November 8. 2000 IV. CONSENT AGENDA N. Date Final Form Must be Turner in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m, October 5. 2000 (5:00 p-mO October I8, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Hearing [] Legal [] Bids [] UnfmishedBusiness [] Announcement [] Presentation RECOMMENDATION: Confirmation of the appointment of Jeffrey R. Livergood as Public Works Director of the City of Boynton Beach, Florida. EXPLANATION: The position of the Public Works Director has been vacant for some time. Applications have been accepted through the Human Resources Department, and interviews conducted. Mr. Livergood has been selected as the candidate who best suits the needs of the Department and the City as a whole. PROGRAM IMPACT: FISCAL IMPACT: This is already a budgeted position. ALTERNATIVES: Do not confmn the appointment of Mr. Livergood and re-o n the applicationproc~ss. - Departmem Head s S~~~' - x/\" ~'Ci'ty Manager s Signature City Manager /1~[/~l~ Department Name t~.~t~orl~ [ Finance / Human Resources S:~BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC The City of Boynton B'each OFFICE O~ ~11-11~ c~l~Y MANAGER P..O, Ba~ 310 September 25, 2000 Mr. Jeffrey R. Livergood 6942 Blue FlagAvenue Woodridge, IL 60517 Re: Appointment Letter- Public Works Director, Boynton Beach Dear Mr. Livergood: I am pleased to offer you an appointment as the DireCtor of Public Works under the following temps and conditions: By accepting this position you are representing to the City that you have the professional expertise and experience to perform the services to be provided to you pursuant to the terms of this Agreement. Youhave been advised and understand that the position you are accepting is not a civil service position and the City's Civil Service Rules and Regulations are not applicable to you. By entering into this agreement, you waive all rights under the City's Civil Service system. You will be an at will employee of the City and you acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment, except as provided for herein. The job description for Director of Public Works is attached as'Exhibit "& and that you agree to provide the City with the services included in the job description. Except as otherwise expressly provided by this Appointment, as Director of Public Works you shall at all times: a. devote all your time, attention, knowledge, and skill solely and exclusively to the business and interests of the City during normal working hours and at City related events ailer normal business hours. b. perform your duties and obligations faithfully, industriously, and to the best of your ability. e. not engage in conflicting outside employment except with prior America's Gateway to the Gulfstream written authorization of the City Manager,. d. keep the City Manager fully informed in advance of ail travel and actix4ties that take you out of the office for more than a day ara time. All travel must receive prior written approval of the City Mtmager. I will, as City Manager, review and eValuate your performance at least once annually in advance of the adoption of the annual operating budget. The review and evaluation shall be in accordance with performance criteria developed by the City Manager, which criteria must be provided to be added m0r deleted from as the you sh~a~ not be evaluated for tasks if no performance provided you have achieved the goals set forth by the City Manager, you will receive an increase of 5%. a summary written he evaluation and priority among fei :the proper,, opemtion~ of the, ~Pub~¢ Works objectives and shall further estab~.;a~xelat[ve which shall be reduced to ,,¢riting. Such goals timitati°ns (~. spe¢ified~in the,annual the City , , City p ,e:csonnel. tO. the You¸ ($80,000) DOLLARS, payable in City's management personnel are paid. The City agrees to execute ail necessary agreements provided by the International City Management Association-Retirement: Corporation (ICMA-RC) for your participation in said ICMA-RC retirement plan, an([ in addition ta the base salary paid by the CiW to you, the City agrees to'Pa~ $4,500,® iht° ~elC~:RC 0h your behalf,/n equal proportionate ~monnts each pay period, and to tmasfer ownei~hip to sueceeding City or you upon YOur resi~ation or discharge. At your request, the CityzPald IcMA-RC contributions will begin with ~e first pay period for the year 2001. The City:shall pay or [eimbmrs~ e you,. Consistent with reimbursement policies for City Managerial employees. You Shall receive the same Health Insurance benefit provided to non-union City employees hired after 10/1/91. You shall receive the same benefit Disability Insurance provided to non-unkm City employees hired after 10/1/91. -2- You shall receive the same Life Insurance benefit provided to non-union City employe~es hired after 10/1/91, You ~shall ~ecmve the same Retirement System'benefit provided to~ noff-union employees hired after 10/1/91. · ........ ?: .... ,You:shall be entitled.to 0bserce the same paid 'legal holidays as xion-union,emptoyees Nred after t'0/1~91, of The City shall provide you with a fleet vehicle. This Ci~vehicte, the selection of whicl~'sh~lbe as agile-ed t~by you and_ ~ the C~ty Manage,,, may ~beused., ~y': ~u ~or'bq~ '",C~j~ ~ ..~e~.s~ and~ personal use~w,l~ P~ Be~eh,: ~oward, Dada aiid ~ Counttes The CRy shall: a. defend a and re~ohsibilities pursuant to fliis Appohltment; and b, pay any judgment that may be entered of and in the course of the ; OUt pursuam ~ to~ this to provide the foregoing defense. Your appointment and the t~nn of this Appointment shall commence on the date of execution. It is anticipated that your start date with the City Shall be October 16, 2000. This Appointment shall terminate: a. at any time by mutual agreement of you and the City; b. upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all or sub, stantially allof your duties and obligations pursuant to this App6intment as ~ /'esult of p~ica[ or mental illness or condition~ which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician mutnally agreed upon by you and the City, provided that state or f~eral taw or reguJation would not preclude or prohibit your separation under the condition. In the event the pames are unable to mutually agree ona phys~c~ ~hm fifteen days of a request for selection, the examining physician will be selected ~lely by the City~ and ci~ Commissiphs', 'unilateral d. your death. e. your resignation. A resignatioa shall be.submitted in writing and shall provide for an actual resignation date no later than forty-five (45) daYs following the date of notice of resignation. Unilateral termination shall be in writing, signed by the City Manager, and need not reflect performance-related reasons. If this Appointment is terminated by unilateral action by the City Manager, you shall be entitled only to: a. Prorated base salary, for the effective date of the termination plus one hundred eighty (180) days, calculated as follows: Employees annual base salary shall be divided by 365 days, and that sum shall be multiplied by 180 days, less customary withholding. b. Credit of a maximum of $2,250 into your ICMA/RC account. This amount represents 50% of the annual amount of $4,500 agreed to be paid on your behalf into the ICMA/RC bythe City. c. reimbursemem for as-yet unreimbursed expenses pursuant to this Appointment; d. an amount for accrued and unused vacation leave, not to exceed the maxunum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; e. an amount for accrued and unused sick leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired after 10/1/91. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: a. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; b. an amou~t for acc~ed ~d- u!~,,used v~acafign leaye, not to e~ceed the maximum number of days permittedby:l~, a~din~ ~o th6 's~ile~liild/formulasf0~· fi0~mnion emPloyees hired after I0/1/9I; ~this,a t~n~s,.due 5o yo~ph ic~disg!~lity Or.death, you or your ~dian or ~ b~e sa~ ~ou~ ~e l~t ~y ~m you peffomed sem~g t~ or oa behalf of · e C~; c. an mount for accrued and unused sick and vacation leave, not to exceed the maximum number of daYS permitted by law, according to the schedule/formula for non-union emPloyees hired ~er 10/1~i; and ' cl. life and/or disability benefits if applicable. e. the total a~cmed deferred compensation in ICMA/RC as contributed by you or on your behalf by ~he City. If this appointment terminates due to your resignation, you shall be entitled only ~o the following comPenSation andbenefits: a. base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager b. reimbursement for as-yet unreimbursed expenses pursuant to this Appointment; c. an amount for accrued and unused sick and vacation leave, not to exceed the maximum number of days p~tmitted by law, according to the schedule/formula for non-union employees hired after 10/1/91; d. life and/or disability benefits if applicable. e. the total accrued deferred compensation in ICMA/RC as contributed by you or on your behalf by the City. -5- No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govern, apply to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The CITY's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit of: a. Your heirs and personal representatives; and b. the City regardless of changes in the persons holding office as members of the City. If any pmvis~on of this Appointment or the application of any pwwsion to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Appointment or their application to other parties or circumstances. This Appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. This Appointment Letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date of this Appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of this Appointment, and the City and their reapeetive counsel have had equal oppommity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidenfiary significance regarding the intent of the parties. -6- If the foregoing terms and conditions are acceptable to you, please sign the original of this letter in the space provided below and return it to me. Kurt Bressner City Manager JEFfReY R. LIVERGOOD · Dated: ,: . -7- Class Code 51019 Grade: 39 55,403 / 66,483 / 83,105 FLSA: E CITY OF BO'~2NTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: DIRECTOR, PUBLIC WORKS PURPOSE OF CLASSIFICATION The purpose of this ctassifica~ionis to direct operations of the Public Works Department, including administration, fleet: ~d~ah~e; streets~ malntenanc~, tr~msportation services, solid waste. facilities maintenatic~.' and ~aI'contrtl divisionsl ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific Statements of the duties does not exclude them from the classification ff the work ~s mmllar, re~ated, or a logical assignmen~ for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals. Directs operations and activities of the Public Works Department, including administration, fleet maintenance, streets maintenance, transportation services, solid waste, facilities maintenance, and animal control divisions; coordinates, organizes and monitors division activities; organizes, prioritizes, and assigns work; monitors status of work in progress; inspects completed work; troubleshoots problem situations. Ensures departmental compliance with all applicable codes, taws, rules, regulations, standards, policies and procedure~; ensures adherence to l established safety procedures; initiates any actions necessary to correct deviations or violations. Consults with aSsigned staff to review work requirements, status of work, and problems; assists with complex or problem situations provides.direction, advice, and technical expertise. Consults with city management, city commissioners, and other officials as ~needed to review department activities, provide recommendations, resolve problems, and receive advice/direction; makes presentations to city commission. Coordinates department activities with those of other departments, contractors, outside agencies, or others as needed. David 1VL Griffith& Associates, Ltd. Page 1 Last Revised: November. 1998 City of Boynton Beach, Florida · Director, Public Works 51019 Prepares, submits, and ~inisters deparurtental budget; rexSew~fap~p~oves division budgets; authorizes/monitors ,e~Pendithr~s;-ffefe/mi~ne~' ~ ~powe?~s; autbior/zes/approves over}ime; seeks funding SOU~.for!engineedng Pr0j¢~ts~.:<:: ~ Manages deparune~[?p,e[afign~ d~g~elg12~ ?~d .~p!ements long/Short ~.goals, plans, objectives, p grams; estulSl~shes, interprets, updates; and~ implements policies/procedures; sets standards levels for me .~epartment; sets ,engg3ee~ng.::standard~: for d~en[ projeets~ recommends consultant~ for engbxeering projects ~ ~n~ixi~o~:ip~Orma~:~gi~0~ 6~n~ul~n. ts ~. O~ee~ ~i4di..ng ~a3a~ d,p~h~~ a[:e~ ~?~ C...qj~, p~les pr m0m~om vm~o ,us~ :.g~tr~¥~ ~r~,Stausu~ 3c~ata~ .,tp~d~¢gt operations; pi/~'orms research as needed; makes appl~cabl%c..a!~f~ts~¢~; ~t~ an~ :~d~ntifieSi ~re~.d~; prepares/generates reports. Processes a variety of documemation associated with departmemal operations, per established procedures and within' designated timeframes; di.stributes d0¢umentation or retains ~records as appropriate. PrePares .qr completes various, forms, reports, correspo~,deng~,, p~r0gram, repons,, p~fformance reports-'productix)iW reports meeting reports, pohCY statem0ats~ Consultant ~eC°mmegdati~ns p~an rewews/evaluatlons; payment requests, disciplinary acuons, performance apprmsals, or other documents. Receives various forms, reports, correspondence, division budgets, purchase requisitions, payroll dpcuments construction plans, constmctior~, chang~ order~ accident reports, pcu'formance appr~sa!s,.~ ~sclplinary actmns, contracts, po!m~es, codes, !aws,~ manuals, reference, materials, or other doc~umentati;n; reviews, completes, p~oc~sses'~ forw~rds'o!?et~ 'as appr°priatel Operates a computer to emer, retrieve, review or m6dify data; utilizes~ word processing, spreadsheet, or other soRware programs. Commtmicates ¥ia telephone and/or ~o-way radio; provides information and assistance; takes and relays messages; responds to requests for service or assistance. Responds to comPlaints and ques,tions related to department operations; provides haformation, researches problems, and initiates problem ~esoluti0n. ' ' Con-Lmunicates with supervisor, employees, other departmems, city officials, govemanent agencies, contractors, vendors, commurdty ~organizations, the public, outside agencies, and Other individuals as needed to coordinate work actiVities, review status of work. eichange information, resolve problems, or give/receive advice/direction. David M. Griffith & Associates. Ltd. Page 2 Last Revised: November, 1998 City of Boynton Beach. Florida · Director, Public Works 51019 Represents the city at public forums and meetings; sets up and a~tends meetings; serves on committees as needed; makes speeches or presentations. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new frends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate ADDITIONAL FUNCTIONS Operates a motor vehicle to conduct work activities. Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor's degree in civil engineering or closely related field; supplemented by six (6) years previous expenence and/or training that includes progressively respons~le public works administration in a mumcipal environment; or any equivalent combination of education, trainmg, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a Professional Engineering License. Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment in determining time, place and/or sequence of operations, referencing data analyses to determine necessity for revision of organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability m function in a director capacity for a major organizational unit requiring significant internal and external interaction, Equipment, Machinery, Tools, and Materials Utilization: Reqmres the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential fimctions. Verbal Aptitude: Requires the abihty to utilize a wide variety of reference, descriptive, advisory and/or design data and information. David M. Griflith & ASsociates. Ltd. Page 3 Last Revised: November, 1998 City of Boynton Beach, Florida · Director, Public Works 51019 Mathematical~ Aptitude:,,,. Requkes ,th~ .ability ~i ,perform additi0n,,subtractio~n,.mulfiplicafi0n and'divisiCn; ability to calculate deeim~d~: ar~d,~p~ceatag~,si:,,~m~y~q!u~4~.::abili~y '~6 perform mathematical operations involving baSi6 algebrai~ princiPles and formulas, and basicgeomethc pfincip~es~nd~c,al, cu!ations. l?unetional Reasoning9 -Reqmres the ablhty,,m4pp[y~pnrtgiples ofloga~ or syr~ghes~s fimctions; ro deal with :~everal cdncrete and abstract v~m-iables; and. t9 analyze major problems that requh'e complex plmming for/nterrela~ted actiVities Ibat,¢an span one or several work units. Situati0nal:Reasoning: Requires the ability to ~xercise judgrnent, decisiveness and ereativ~ty, in situations involving the direction, control and pl~!~g,ofan entire;Program Or set o~program ~. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of l~ight weight (5-10 pounds). Tasks may involve extended periods Of time at a keyboard or work station. Sensory Requirements: Some tasks require the abili!y to perceive and discriminate visual cues or signals, :s~me tasks require the ability to communicate orally. Environmental, Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as traffic hazards. . The City of Boynton Beacl~ Flor/da, is an Equal Oppommity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. David M. Griffith &Associates, Ltd. Page 4 Last Revised: November, 1998 Exhibit B: Initial Performance Criteria - Jeffrey Livergood GOALS/OBJECTIVES: Public Works Administration STRATEGIC BUSINESS FOCUS: Community involvement. Goal No. I: Develop an educational campaign for the Public Works Department. Objective: Provide information to all customers, Objective: Promote departmental services. Objective: Provide infOrmational service brochure, Objective: Work witk:medi~'on advertising holiday schedules, special events and spotlight on Services. STRATEGIC BUSINESS FOCUS: Organization effectiveness. Goal No. 2: Conduct a Comprehensive Rate Study for Public Works Services. Objective: Review c0mmereial rotes & services, Objective: Review Residential/Multi-Family rates & services. Objective: Review Recycling rates & services. Objective: Review Roll-offrates & services. STRATEGIC BUSINESS-FOCUS: Orgauization effectiveness. Goal No. 3: Continue Development of Team Based Management. Objective: Explore new methods and styles. Objective: Develop cross-training program for division supervisors. Objective: Improve the quality of the Workplace environment, Measurements of Achievement: Goal No. I: Development of informational brochure. Goal No. 2: Compare rates with competitors. Goal No. 3: Provide highly productive and enjoyable workplace. GOALS/OBJECTIVES: Facilities Management STRATEGIC BUSINESS FOCUS: Organizational effectiveness. Goal No. 1: Implement the new Data Stream Computer Aided Preventive Maintenance System to reducerepair requests from our customers. Objective: Complete equipment inventory. Objective: Complete maintenance procedures input, Objective: Start up scheduled work orders. STRATEGIC BUSINESS FOCUS: organizational effectiveness. Goal No. 2: Complete scanning of all as-built building and park plans into CAD format to improve information to our customers and our staff. Objective: New permanent record of valuable drawings. Objective: Easier format to make future clmuges to drawings. Objective: Easier format to make available to other agencies. STRATEGIC ~0 services~ Objective: To review and measure sea:ices. Objective: To conduct,cg,syq~,r~:~t~ ~y~s;: Measurements of Achievement: Goal No. 1 - Start printin~cheduledpre~ventive maintenane~ W~oflc orders for all b/tildings.' , , Goal No. 2- complete, a recording of all, drawi~gs to ~ene~ format. Goal No. 3 - Complete written ~tatisfic~ and ~nantita~ve:report, GOALS/OBJECTIVES: Fleet Maintenance, most professional service,possible; Objective: Minimize repairs by maximizing scheduled,maintenance programs. Objective: Communicate resource stares with Users. Objective: Maximize fleet software use to support the Divisions and the user's needs. STRATEGIC BUSINESS FOCUS:Organizational effectiveness. Goal No. 2: To increase techmcmns know!edge,,skill, and techmcal levels. Objective: Reduce down time by training staff. Objective: Maintaining a full technical staff. Objective: Utilizing updated and current diagnostic tools. STRATEGIC BUSINESS FOCUS: Organizationaleffectiveness. Goal No. 3: Improve work area safety and enhance~ operations. Objective: Reduce employee injuries, Objective: Increase safety, awareness programs. Objective: Provide safety incentives. STRATEGIC BUSINESS FOCUS: Public Safety Goal No.4: Develop Traffic Engineering Capability in Department in cooperation with Police Department and Planning Department. Objective: Develop staff capabilities Objective: Assess highhazard locations Objective: Evaluate andimplement,traffic calming strategies Measurements of Achievement: Goal gl: Positive comments from, customers, reduced down time, and faster mm around time, Goal #2: Track downtime through~H.T.E, and continue to update staff and equipment. Goal #3: No lost time for employee injuries. Goal ~4:,Reduction in traffic accidents/injuries GOALS/OBJECTIVES: Solid Waste STRATEGIC BUSINESS FOCUS: Organizational effectiveness. Goal No. 1: Operate more efficiently in order to improve customer service through innovation and efficiency. Objective: Lmplement route changes to pickup bulk trash on garbag,e day. Objective: Balance garbage and bulk trash mutes for more efficient[pick-up. Objective: Complete garbage cart implementation. Objective: Take advantage of Solid Waste credits by separating green material. STRATEGIC BUSINESS FOCUS: Community involvement, Goal No. 2: Educate the residents of Boynton Beach. Objective: Compile and distribute a Solid Waste Brochure. Objective: Attend homeowners' meetings. Objective: Update Solid Waste Code for Commission approval. Objective: Work with Code Compliance for a cleaner city. STRATEGIC BUSINESS FOCUS: Environmem. Goal No. 3: Improve the presentation of the Solid Waste fleet. Objective: Decrease equipment downtime. Objective: Do effectivePre-Trip/Post-Trip Inspections, Objective: Clean fleet a minimum of once a week. Objective: Allow drivers' input on fleet improvements. Measurements of Achievement: Goal gl: Track cost of operations by line 'of:business to measure effectiveness. Goal #2: Track code violations to measure community appearance improvements. Goal #3: Monitor downtime and vehicle maintenance costs for improvement. GOALS/OBJECTIVES: Street Maintenance STRATEGIC BUSINESS FOCUS 1 Effectiveness Goal No. 1: Find Objective: Bay ne~w,e~sfipment such~as anasphalt spreader. Objective: Cross-train ~1 emPi0yeeSin the ~ivi§io~ Objective: Utilize few6r mat~}ho-urs, per projecf ~vith, teamwork. . Objec~¢:,~ ,I¢!. ,~pr~, fl~e~app-~e~d~ ~W. ~of:~treets- and walkways. STRA-,TE~IC B:USll~ESS,~OCUSr~0mnmaky tnvo!v~m~rit &~ organizgtional Effectiver~esS _:, . . Goal ~ number Objective: Tum complaints into oppommifies~ ObJective: Handle problems i~ediately. ~: ~. Obj tive: f ect e y'enforCe,i O es , egal tiuns. objective: Promptly reSP0niJ to alfrequegts~ati~t increase }atisfactiun~ STRATEGI~ BUSINESS_FOCUS: Division. Objective: Organize work well. Objective: Achieve greater resuks. Objective: Maximize all Ci'ty resources. Measurements of Achievement: Goal No, 1: Measuring accomplishments by,utilizing ~he H.T.,E. Work Order Program to allow for tracking the successful completion of jobs and the costs of services provided, Goal No. 2: Measuring accomplishments by utitiTAng the H.T.E. Work Order Program m allow for tracking the successful completion of jobs and the costs of services provided, Goal No, 3: Benchmark schedules. GOALS/OBJECTIVES: Transportation STRATEGIC BUSINESS FOCUS: Commtmity involvement. Goal No. 1: Continue to provide and to improve the Shopper Hopper Service. Objective: Meet the demands for the Shopper Hopper Servme. Objective: Continue to provide the service to the senior communities, Objective: Expand the sCrviceto meet the growing needs of the seniors. STRATEGIC BUSINESS FOCUS: Community involvement. Goal No. 2: Continue to provide and to improve the service to the Senior Center. Objective: Identify the needs of the Senior Center. Objective: Meet the demands for transportation to the Center. STRATEGIC BUSINESS FOCUS: Commumry involvement. Goal No. 3: Add personnel and equipment to support Recreational Transportation Services. Objective: Add two part-time drivers to staff. Objective: Work in cooperation with Recreation on bus acquisition. Objective: Train the two new part-time positions. Measurements of Achievement: Goal No, 1: Have the Shopper Hopper operating at 100% capacity. Goal No. 2: Have the S~nior Center Transit operating at 100% capacity. Goal No. 3: Have ali new personnel on board by October 2000. V-CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commiss~o~ Date FinalForm Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meetirt~ Dates [] July 18. 2000 JuIy 6, 2000 (5:00 p.m.) [] September I9, 2000 [] August I, 2000 July I9, 2000 (5:00 p.m.) [] October 4. 2000 [] August 15. 2000 August 2.2000 (5:00 p.m.) [] October 17, 2000 [] September6,2000 August I6, 2000 (5:00p.m.) [] November 8, 2000 [] Administrative [] NATURE OF [] ConsentAgenda [] AGENDA ITEM [] Public Hearing [] [] Bids [] [] Announcement [] Date F/nal Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m0 October 18. 2000 (5:00 p:m.) Development Plans New Business Legal Unfinished Business Presentation RECOI~MENDATION: Please place this reql~est on the October 4, 2000 City Comm/ssion agenda onder City Manaeer,s Report 2 Non-6onforming signs. Th/s ~em is'ihtended to pi:ovide an updated recommendation 0~n n~n-conforr~g sign° regulations, inck/ding the status of su~e~, actions to-data, and staff r~commandations relative to si~n code modifications. EXPL&NATION: For several years the city has pursued the el/m/nation of non-conforming signs, ~ulmiuafing with the expiration date for all non-conforming signs 6f December 31, 1999. As you may recall at tke Augast 1, 2000 City Commission me~l/ng ~a report was given on the anrrent status of an inventory o£non-conforming sit~ signs prepared by Code Comp lianc, e, 'and:curr ent public involvemc, at. e~for ts. You will also recall that the Commission postponed their previous d~scuss~on on n0~-c0nfo ~ .m~ng s~gn r~g~atmns~ Ua anticipation o£ pending re~ommendat/ons from staff on sign code amendments. Fui'ther pertinent information is provided within the attached staff report. PROGRAM IMPACT: N/A ' FISCAL IMPACT: N/A ALTERNATIVES: N/A D/rector of Plan.in~i~--d~Zoning ~ty Manager's Signature City Attomey/ Finance / Human Resources DEVELOPMENT DEPARTMENT MEMoRANDUM-NO., PZ 00,281 TO: THROUGH: FROM: DATE: Kurt Brassner City Manager Michael W~. Ruml3f Director of PlanniE~g and Zoning Lusia Galav ~ Senior Plan~ September 21, 2000 SUBJECT: Non-Conforming Signs & Sign Regulations ' BACKGROUND For several years the city has pursued th~°n-conforming signs, culminating with the expiration date for all ~on-cenforming signs of December 31, 1999 As you may recall at the August 1, 2000 City Commission meeting a report was given on the current status of an inventory of non- conforming site signs prepared b~ Code Cempliance, and cQrrent public involvement efforts. You will In August of 1999 the Planning and Zor joint workshop to discuss several: planning issues, ~esig s discussed, speCifically the provisiohs relating to ~."free~tanding sign~ discussed at the: w°~h0P regarqed freei current regulations were ~oo lenient~ Th~ - pylon or pole signs. In add tion, it was requested that a provision be added to require that s gns include the building address in a lettering size legible from the street. This report provides a general summary of current regulations sign definitions, conceptual changes to be proposed to current regulations, and a recommendation .relative to regulating those,current n(~n- conforming (tobe removed) signs and those existing signs that would not meet the proposed conceptual regulations. ANALYSIS Chapter 21 of the city's Land Development Regulations contains the sign regulations. The following table outlines those regulations and proposed amendments, as theY apply to freestanding signs. Memorandum No. PZ 00-281 September 21,2000 Page 2 TABLE 1: EXISTING SIGN REGULATIONS -FREESTANDING · (Proposed changes shown-in parenthesis) rDISTRICT SIGN TYPE r-MAg(IMUM · SIZE' ' NUMBER · HEIGHT ' . PERMITrED Residen/~ial ~· Fmestanding~ ~ ~6feet - I sq. ff. for '1 double-faced ' Monument or i each linear foot ,or 2 single~ Entrance Wall of street faced signs- on ' '- ~ frontage ,32Sq~ each side of fL maximum, entrance wail : ' : ~. . ~for, :all project , · , ;on.aces; Commercial Freestanding 20 feet (12 fi) : ! ~,sq; ff. fbr, 51; do~51e4a~ced each I near foot sign. ' of , street frontage. 64 sql · -ff. maximum. ShoPping Freestand ng 20 feet (lSft) I Sq. ff. Per I sign or 1 Centers & linear foot of additibnal sign Public Use street frontage if lot fronts On Districts 't60 sq. ff. more than one r ~rpa~imun4' ' i: collector', or (!~etween 9.6: i arterial ~[120 sq. ft, roadwaY. rnax ) Mall Three-sided None (12 ft) ~' '~ ~ · Cl. ,m pe~' ~1 thmff-sided or - Freestanding or ' ~ f~icej for three-, ! regular Freestanding sided sig~; i freestanding ~egSu, lar -.sigh, ~ siga per m, ,~ comply: ,entrance. Industrial Freestanding 20 feet (12 ft) ~ ~' sq.; ff. pe~ !1 sign (mo.ument) foot s;~e~t frontage: · E4 ~. ff. max;" CBD FreeStanding 20 feet (12 fi) 1~i'~1~ fL Imar ~',1' s~gn' (;:1) Jihear foot Gf ,, !r ~eet frorrtage. ! 'sq: fL max. · Planned As permitted in' N/A- i~' ~ "~ :NtA Districts corresponding - · , · regular zoning .districts. Memorandum No. PZ 00-28 t September 21, 2000 Page 3 SIGN TYPE - GROUND vs. PYLON Only the residential district specificalty requires,a monument ty?,,efreestanding, sign. This is the only instance in the sign regulations which the,wo~d ~monu~ent' sign is use~.' Monument sign" is not oefined i~,the ~and'D~vel0~P~ent I~e~filai[0~;~ ~h~e' r~fere'n~e 'id ~ "mb~ent~i~fi in the code ostensib~i~quat~s to a "ground" sign that is defined:' At a mini,mum the definitions should be arae,q~ed:~o:[~¢demonument slgn W th a defin~tlon~o~,[eference,, back'~o gmundslgn',,fo~ the definition. The f~tlowing ~definitio, n is ~r0posed: Menu ~r~ent-!,S,,ign -~, ~gsig~;,s!tting directly on the ground or mounte,d on Blow base. "Pole Sign"lis nmdeflned nor r~$ntiOn~ in the sm regulations but 'pyloa-sign" is defined. These ~av~. b~, ,~.~SL~;~ ~rcha r~geab,-!y :Br'~fined. sepa~te· y'. ~e. defln t on fei' py on s gn n the Land :DeVe~l~m~t,Regu[A{~onsls:~efluate: '~ .:: : - Staff has reviewed ;sev~! gigh ~e~Si~¢: uding those from Delray Beach, ,Greenacres, Boca Rated and Palm s~¢~ ~.~; %,~}~[~i~es~ cBdes use the term "freestandihg' sign. None of these; codes proh bit p~le or~:~y,~:~. ~!gB~;~ .. They do regu ate, he ght and size ~s does the cty s HEIGHT Except for resident al di ,Stdcts the maK mum sign height for a freestanding sign is currently 20 feet. Oddly the code does not,[Bdic,a,t~-a ~aximum height for Mall signs, This is likely to be an oversight and shou d ~3~ COrrected by,pmvjd'ng a max'mum he'ght requ'rement. esidentiai, freestanding signs to 30 ! freesta ~eights from 12 feet Raton, did not permit a for sign height in industrial districts was found. from five (5) feet to 30 feet. Despite existing in( monument type however, sign in favor of the successful in negotiating sign heights below 12 feet for r monument signs is six (6) structural integdty of a the use of pylon signs; pylon Regarding conjunction with the redevelopment area be appropriate for this signs may be a more adequate space for; permit wall signs in, uire further review which could occur in t Highway, The CBD is the city's major · A traditional freestanding sign may not and more urban, character of the CBD. wall Lots are generally smaller in size and often lack ~ay be to only freestanding signs in the (6) feet in height. This is similar to Boca MemorandUm No. PZ 00-281 September 21, 2000 Page 4 Raton and Delray Beach that permit 'directory' signs n the CBD at seven (7) feet ant six (6) feet high respectively. SIZE The greatest discrepancy in the city's sign regulations regards the size of freestanding signs Existing regulations permit: a range n S Ze from 32. square feet~to 160 square feet. The largest sign Permitted is in f~he Shopping Center and Pubic Use Districts. :l'he size of the s gn corresponds with lot Size (fron~ge). The larger the 10t the larger the sign particularly in shopp ng centers, malls and public use districts. The maximum sign area in these commercial districts is be to sign he ght pro The lower support a la~ ~ with pylon signs. UNIFORM SIGN PROGRAM pmgrem was first intrOduced to the city by the are .longer Sign, Inc. of [ts sign code typical service municipalities a same type of objectives, t! have differing sign. regalatiOnS. corporate image its y zohmg which may NON-CONFORMING REGULATIONS Any further restrictions to the sign regulat ons will of course create additiona non-conforming signs. The existence of noB-c, onf~ormin~ signs in the city has been an on-go ng concern, which int~nslfied'Wi~h t'he recerit exPiration (Dec~mber 31, ;i999) of those identified non-conforming signs. However, staff does not favor the mandatory removal/rectification of non-conforming signs. This position is based on the following points: 1. The replacement of freestanding business signage is costly, which .could be maximized based ~n the extent of wha[ is all~wed under current regulations compared {o what would be allowed by the proposed modifications; Signage regulations cou d undergo further revisions and tightening following the corridor study of a portion of Federal Highway and eventual establishment of districts and themes; and Memorandum No. PZ 00-281 September 21, 2000 Page 5 3. The magnitbde of non-conformity anticipated from the proposed regulations would be significant, affecting, for example, the majodty of businesses along Federal Highway. ; al take Pilot sign If it is still the staff Lration of an ordinance & Development the code 2o The continued 3. I regulations and intent 4~ Continue imp ement ng the recommendations from V sions 20/20 including development of a way-finding s gnage program, and the conducting of area or distr, ict' studies and implementation of district themes to poss b y nc ude corresponding sign regulations; and 5. Also discontinue the rm ng wa! s gnage throughout the city due to the such ~gns. LG:MR V-CITY MANAGER'S REPORT ITEM B CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested CiO Commission Date Final Form Must be Turned Requestod CiW Commission Meetin~ Datos in to City Clerk's Office Meetin~ Dates [] July l8, 2000 July6,2000 (5:00p.m.) [-- Septomberl9.2000 [] Augustl, 2000 Julylg, 2000 '5:00p.m.) [] October4,2000 [] August 15. 2000 August 2, 2000 (5:00 p.m.) [] October I?. 2000 [] September 6. 2000 August 16, 2000 (5:00 p.m.) [] November 8, 2000 [] AdmkL/strative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Announcement [] Date Final Form Must be Turned in to City Clerk's Office September 7. 2000 (5:00 p.m September 20, 2000 (5:00 p.mo October 5, 2000 (5:00 p.m-) October 15, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the October 4, 2000 City Commi~sinn agenda under City Manager,s Report - Traffic-Calming. Th/s item is intended to provide the Comm/ssion with an overview of the issues involved, options ['or addressing traffic-calming needs, a sample of how other communities are addressing this topic, and the brief history of related inquires, and general staff recommendations. EXPLANATION: The city has received numerous past and cnrrem requests for assistance with traffic related oroblems in nei~,hbnrhr~na~ throughout the cxty. Although a speed hump pilot program was prewously implemented, it generate~l the obvious conclusion that speed humps must be used cautiously du~ to their negative affect on emergency-related circulation, and that speed h}n'np.s are not the preferable sol}~tion in all circun.as, tances. In a~dition to rewewmg the alternatives for traffic-calming, the c~ty should also consider the opttonal methodotogtes for evaluating and measuring needs. A structured program or policy would promote consistency and equity in the evaluation process, as well ensure the proper match between problem and solution. Further pertinent informauon is provided with/n the attached staff report. PROGRAM 13,IPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ity Manager's Siguamre Director of Pl~nning~ning City Attorney / Finance / Human Resources DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-282 TO: Kurt Bressner City Manager FROM: Michael W. Rumpf Plmming and Zoning Director THROUGH: Quinttii Greene Dire6tor of Development Department DATE: September 25 2000 SUBJECT: TraffiC Calming and Policy Opnuns Recap of Staff Recommendation: Due to the comprehenstve nature ofthis topic, and the potential City-wide ir~/~a~ts, }~ff ~com~ends that a workshop be Organized for the Commission and the public to more thor~>~'ghiy exdmine the policy options and review legal issues. Introduc~on In areas of dynamic population growth such as Florida, there appears to be a public consensus that traffic and coegestion constitute a number one problem affecting quality of l/fe. Consequently, traffic calming .... ' e" "sustainable" community. Traffic ~s fast becormng a.v~tal.element ora strategy package for a hvabl , calming has growing support ofplarming and other state agencies, and figures promin,e, ntly in a number 0f policy initiativ}s which pr0mote growth management. It is al'so an integral part of Traditional Neighborhood Development"-based planning, embraced by many Florida Cities. The public is becoming increasingly aware of solutions offered by various traffic calming approaches. A number of municipalities have adopted formal traffic calming policies, and some of the policies are being fully integrated in development and redevelopment regulations. The City received applications for speed humps in the past, and in 1997 the Commission authorized a pilot speed hump project in the area of S .W. 4t~, 5t~, and 6m streets. The project was implemented, ~but there was a controversy regarding the impacts and one of the humps was eventually removed. Recent applications for traffic catming measures include: · Banyan Creek t Stonehaven PUD) - road closure Sky Lake (N.W. 135 Ave} - road closure · Boynton Lakes PUD - road closure * S.W. 26t~ Street (Quail Lake PUD) - petition for traffic calming The neighborhoods of Chapel Hill and Roaring Twenties (historic cottage district~ have also expressed interest m traffic calming. I. What is traffic calming? 1. Definition There is no. one uniformly accepted and used definition of traffic Calming. Communities may include a number 0£ phTstca! ~n~asures 0.e. speed humps)and non-ph3?ncal act/ons (t.e. neighborhood speed watch) under their adopted h'affic calming pohmes. Moreovdr, object,yes of such pohmes may differ. In its most n,,arrow and immediate sense, the purpose of traffic aa/ming is to reduce the speed and volume of ~rafflc to acceptable" levels. When incorporated into development and redevelopme~ strategies, a traffic calming policy can be a valuable tool to achieve what ~s often referred {O as a "iivable ommumty , grading street destgn and landscapmg, and helping in crime prevention. The definition used by the Institute o£Transportation Engineers describes traffic calming as the combination of mainl't,physical measUrers thai ~uea ne negative ef~bet~ of motor vehicle us--~', alter driver 15ehavior and improve conditions for non-motorized S~eet use. Route modification measures such as street closures and turn restrictions do not meet this partic~Iar definition, since they are said to simply change driver/-butmg options (rather than modify behavior~ Likewise,traffic control devines,' notably STOP hgns and speed limit signs, are not considered to be tr~hffic :aiming measures, l'hey are regulatory tools that require enforcement on the other hand, traffic-calm/ng meaSUres are intended to be self- enforcing: ~owever, since they clearly affect speed and traffic volumes, mute.modification measures and STOP sSghs'.~r$ part ~ftraf~c calming programs in many communities. Most traffic calming measures have some effect on both traffic volume and speed, but it is useful to divide them into two groups: · Volume control measures, such as chokers, median barriers and forced mm islands: and Speed control measures, which include speed humps, speed tables, traffic circles and chicanes. 2. Legal ramifications l'raffic calming tends to generate controversy in many communities. A lot of controversy involves emergency response time, but there are many other issues suqh as access, traffic diversion, safety of bikers and people with disabilities etc. In August of 1999, ITE and Federal Highway Ah:lministration pubhshed "Traffic Calmang: State of the Practice". The authors examined the issue of government liability and concluded that the perceived threat of lawsuits and damage claims was not reflected in reality. About 50 cities were surveyed; many had no legal problems at all and the remaining ones experienced more threats than legal actions. In fact. the search performed as part of the study turned up only two successful lawsmts, one of which was under appeal. Does the city have legal authority to install traffic calmin~ measures on a given class of roadway? Like California, the State of F16rida has preempted the regulation ~nd control of traffic on al/highways and streets. Cities and counties have the power to regulate traffic only by means of official traffic control devices, which must conform to the specifications of the Flo~da Department of Transportation (FDOT). In mm, FDOT has adopted the Federal Highway Administration's Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). Following MUTCD guidelines minimizes the risk of lawsuits. At present, MUTCD does not recognize traffic calminq measures among ~ts categories of traffic control devices. Therefore~ if traffic calming meas~s~ are claimed to be in fact traffi~ cpntrol d_ev/ces, t~e¥ can also be claimed iile al. In the past, a Iawsu~t ~igainst the City of Berkeley imGalif0rnia based On-sUch a claim resulted in the legislative action which excluded traffic calming measures from the definition of traffic control devices and hence from the State regulation. In time. as more and more munic~ipalities embarked on traffic calming programs, arguments questioning their legal authority to do so became rare. Howeyer, a lawsuit,~as;filedAmSaraso~ ~ 1997, challenging the,iegality of speed .hu~p,s and tables on standing.~ paid is There have also been threats of lawsuits against governments faihng to respond to traffic-related concerns, Since an,increaaing number o,f co~m~umtms ~p:!ement traffic calming prr~grams, faflqr¢ to act may became a more common cause of legal action. Recent legislative develapments. Two rece~ legislative ~evelopmems ~hould work !o minimize the city's legal liability stemming b6th from the:(~iikely) Challenge to its legal authori ,ty to install traffic calming ~easUres and, to some extent, from~challenges ~o installation criteria and d~sign tised for particular measures First the Florida DepaLg~ent of Traiasp0rtati°n ~s amending/ts "Green Book" - The Uni orm Minimum Standards for Destgn C~n~truct~on qnd Maintenance for Streets,and [-Iig. hways to · /fi '~,' · - ~ ': '~ ' ' ' ""~abl' Commmtities" Section. The timeframe for mcludeasect~onontra:,fficcalmmgasp~artgfa!arger ~v e . . ,, ,. :: ~ , ~ ~ ~ · 4 ,, ~ ~22'.~.2 ~,~,:o,lv~r- ardehdments to MUTCD, smd to be ~ncorporatea ~nto the manure by the ~ginning Of20lii,. include some ,re~l~tionS regardin~ road markings, for traffic calming At present, Florida DeP~n~of Tran~por~a,~ ~iqn'ha5 ~i~elj~es fo_r ~ design ~and, i/as~,llafi0~n Of ,, roundaboUtS. ?Bes~t~prac,~ice recommenda~ns for other t~£fic calming mca?utes nave eeen ~¢suen ~y the InS~tute for Tr~sp~rtation Engingers (~E), Whose pr~0fessional gUideliaes~and standards m the held oftranspoltatmn!arenatlgna~l~,recogmze }~1 p. d~ y g II. Program Options, , 3 1. What are other communities doing? Within the last decade, a large number 0f communities have implemented traffic calming progr~o, and many more are in the making. Programs vary in purpose and, consequently, in scope and implementation s~rategies. The most basic programs are designed to deal with excessive speeds and volumes of traffic. The city responds to a neighborhood petition to spot-treat a particulax Iocati0nl A'iet of warrants establishes mmimum thresholds required for any or a particular traffic calming measure to be instal'led. The program prescribes how many warrants have to be met by a particular street to be eligible for traffic calming. The simplest and least costly solutions, such as speed humps, are most commonly used. .The most innovative -orom-ams' apply traffic calming treatments to entire neighborhoods, and use more innovative techniques of street design and landscaping that are an inte gr al part of :corranunlty' redevelopment, · .and new development plans. ~.Little or no attention is given to actual numbers .(as m warrants); the central norton ts a desirable quality of life, embedded in a neighborhoo(~ perception of a problem. Quality of life is subjective and as such diffidult to probe with standarized tools. ~qo poi!c3,? ~The number of urban communities that have formal traffic calming pol/eies/programs is increasing. I nose without such programs'choose one of the two strategies: either they are deferring response to incoming requests for tr. affic calming until aprogram is in place, or, alternatively, they depend or~ pr0fessi0na[ judgemerr!~ of:their engineering staff and review requests on the per-proj eot basis, implementing reqU~Sied measures ~s money b&~es available. The latter approach has clear potential to generate legal problems 2. Decisions to be made Opting for no :policy/program may only be a temporary choice. Why? · Projected dynamic population growth for Boynton Beach will continue to contr/bu~e to increasing traffic and congestion problems; · Increasing number of local communities have traffic calming programs; the public is growing more educated and more aware of available solutions: and · Traffic calming has growing support of planning and other state agencies, and figures prominently in a number of programs and initiatives which promote sustainable commumties, growth management. redevelopment of downtowns, etc. Traffic calming is an integral part of the "New Urbanism" movement, guiding redevelgpment and development projects in many local communities. Finally, Visions 20/20 recommends traffic calming (Appendix E, Traffic Calming Alternatives). If the city chooses not to adopt a traffic calming policy at this time, subsequent applications will be subject to administrative review, or subject to City Commission action using what fact~ and recommendations are obtained and provided by staff If the city adopts a policy on traffic calming, the following issues need to be considered: 4 A. Achievin~ results while minimizin~ liability Proiect Selection and Review Procq~ures: a. Standarization of Requiremems Warfares estab!is? minimum thresholds required for traffic calming measures fo.b~ installed. The terminb!~gY c~me~ from the ~D, ~h~e warrants are used to dete ~rm~ne~ the.need for traffic con~ol signals. Warrants are the simplest ~ayto siandarize requirements, and insulate the approvat process tram political lg~re~st~ei~ ,maX. ~ ac~tmmo~!~te Cyet~ situalion~at may.ju, s~:ixe~t:~ent~ a~d ~hey are: not very~u~eftil'in ae~g ~ith!lSercepfion~tfheighborh°°d quality-of-life. Giving ~ad~t~,on~ b. Public £nvol~ement The c~senaus' antong ~raffic professionals an~ staffpergons fi0m ~0~S qo~mu.~.n!t~¢~}v~ich ~na~ ve ~ t~¢figie~l¢n~ 6r~zrams i~:~at it4s'absolatel¥ nece§sarWt05nVol~re~idei~t~ m me enurelprogess o~ nl~nnj~n~ -~mt~im~l~mentation ~ot~affm eal~m~,meas~es: :procedures~dtfi~rent ~n tsrr~i.c i:nvpl~¢ement [nay l~a~ not 6fiiy ia l~wsuit~ anti 'damage claims,' bui at~o:to costly removal o£ the' m~asme~ a)~:eady in place; as evident in a nmnber of localities. It is recommended that 65% percent of property owners concur before a given traffic calming measure is implemented. The City of Clearwater, Florida organ.~zed~a traffic c~g Gh~et,t~; the partic!p.ag~t~: ~c~r~vefit.a short traffic calming training and then reached consenSus On desirable traffic calming measureg m their resp~tive neighborhOOds as well as on certain design aspects of th~se measures.. Using best professional design standards As mentioned, stare and/or federal design standards and best pmcuce recommendations exist for a number of traffic calming measures. B, Cost considerations Costs of required data collection and analysis (traffic volumes, speeds, accident data etc) Because of the limited staff resources (i.e. lack of traffic engmeer and transportation planner), more complex programs would require services of outside consultants. The possibility of in-house processing of a program using a basic warrant system, given current staff capabilities, needs tO be ~horoughly considered. Implementation costs Information on implementation costs for al} traffic calming measu~e~ i~ ea~i~ly a_.v,a½~labl~, atth,ou~.g~ the~sT~e considerable variations i~ reported cost eslamates. Here are some estmaates ncom ~eets ama ~mewa~. Citizens' Guide to Traffic Calming" (published in April of 2000): Speed Humps and Speed Tables $2.000 for humps, $5,000-$15,000 for tables. Costs vary depending on drainage treatment and materials selection. · Chokers $5,000 to $20,000 each, depending on site conditions and desired landscaping · Chicanes For a set of three, $ ITL000 to $20,000 Mini-circle $8,000-$15.000. Asphalt min/-circles are installed for as little as $6,000 Recommendation Due to the comprehensive nature of this topic, and the potential :ity-wide impacts, staffrecommends that a workshop be organized for the Commission and the public to more thoroughly examine the policy options and review legal issues. MWR/dim 6 Speed Humps and Speed Tables SPeed numos are typicalty paved with asDnalt, aBorox~mate~y 3-6 inches high at men Cerise-and extend the fu w dth ofthe street. The higher the vertical t se, the oetter me nu~'}s work to reduce vehide~speed. This oooular traffic calming device nas some negative as~}ecrs, however. They may delay emergency vehicle response rimes dy 5-10 seconds each, create noise and often shift the soeed Dro[~em To a parallel adjacent street. Often they have minimal impact onthe worst drivers,while ounish- ngtne most responsible 'n~torists. f no other odtionsare available,speed numps should be spaced 400t~500 feet~oam for maximum effect. They should also be Dart of a neighborhood-wide traffic catTing program. A soeed ~ao~e is essentially a fiat-topped soeed humd. SBeed tadtes can de a gooc salt~tion at schdoI crossings, trail crossings and in parking lOtS. Speed tables are often stride:as crosswalks or constrdcted:out of brick ~'avers, Speed humd~ and tables mdst 3e well-marKed and weil-lk so mat mey can Be detected from 200-300 feet, · IJsed for ~- Traffic calming narrow streets where few other measures can oe agouea. ~- Reducing speeds wnece crosswalks and trails cross local and iow-volume collector roadways. · Considerations ~,- ~as minimal effect on trucKs and sport utility vehicles and may worser speeding with orob em drivers. ~ Can Be used as a sends of two humos (undulation) to imoact all vehicle types. ~,- May make a ne~gndomood aooear to Be a 'oroolem area." :~- ShOUld not Be used in a series on emergency resoonse routes or ous routes ~,- use when nrodlems are very ocalizeo and can be controIled with a stogie measure. ~,- Often found by adjacent neigh~]ors to be noisy. Noise proolems can de reduced with careful design. ~ Lowest oriced traf~c cairn/rig feature. ~- -'qe aesthetics of soeed humps an~ sdeed tables can be imoroved Trough the use of cotor and ~oedalized paving materials. ~ Can de used in con unction with other measures, such as snort medians medians and gateways. ~ Soeed tables are esoeaally useful around schoo s,libraries and ~arKs Nnere men oeoestrian flow is antic ;area. · Cost >,- ~2,000 for hun-os,and S$.000-S~S 000 for tabtes. Prices will vary dependmg on drainage treatment and materials se~ecr~on. STREETS AND SIDEWALKS. PEOPLE AND CARS The Toolbox Speea humps ore frequently used on resloenflol streets ~o reczuce soeeos. However, tile} con create unwonreo nc shi~ the soeedlng proolem rd omer streets/n me nelgnoor~ hood. Often me some residents oskJng for their ins{o/lotion are me ones osKlng For rhdr removol one/edr 37 The Toolbox Raised Intersection ~N~'~-~~ AraJsed intersection Jnvo]ves providing ramps on each of the intersect Jan ~approacnes and elevating the enti~ inte~ion by approximate y 6 inches. The crosswat~ on em aDpmch arealso elevma as a Da~ of this treatmenE Bdlards am some~mes add~ to reduce the likelihood of drNeB ~u~ing Enrougn ~e inmrse~ion on the sidewaJ~ The inteFse~ion rampsam usua~ y made of con.ere, but may De con- s~B~ed of p~ing stones~bfi~, or other ~terials. As with oth~e~ical treatmen~ SUCh ~,speed humps or speea t~ ~.th~e der ces am unEomfo~ab e ~r bus 'and emergep~veh E e passengers. · ~d for ~ ~edudn~ confl~ saeeo ar most cdt~ol ootm. ~ Imamvin9 peOestrm and bicycle access an~ safe~ ar mes~ rdt[cal location ~ Creatb~ ~ prime comer ~qO0% corneF~ ano bcmasb~ pud[c amenities. [] Considerations ~ Reauires good sight distances, ana can- not be used effectlmy on steep grades. ~ Must coordinate design with transit, emergency responaers ana omer major operators ~" Ifcos~is p~ohibitNe, consider speed m~esas an alternative. ~ May increase va ues of adjacent resident a and coqlmerc a proDert es, [] lost ~ $25,000 to $70,000 for compac~ intersections, Costs ~re less if drainage interrLption is minimizeo. -his Eureka, Cafifornia, s~reer nas a raised intersect/on, which uses colored, textured .)avers ro make me street more a~TraC~lVe. 38 STREETS AND SIDEWALKS, PEOPLE AND CARS Mini-Circle ~ini-cirdes are raised circutar islands CO, nSgUC~d in ~hecent~er of residential street ~V[ intersections to reduce vehicle speeds. ~hey force motofiststo maneuver around tnem~ano nave aeen.founcl~o reouce ~ng left turns,are dkecteO to maneuver ~n ~raffi¢ circle by ~ within theci~de¢o direct motorists to D~oceed to .: approaches. The Toolbox III Used for ~ Managing tra~c at an intersection wnere volumes oo not warrant a signal. ~ Reducing crashes atintersections of two local streets, ~- Redudng vehicle speeding at tne intersection. ~- Treating a seRes'of intersections along a local street as part of a ne';nnorhoodtraffic improvement orogram · Considerations ~ Donot make generous allowances for motor vehicles by Increasing [ne mining ~diJ-this compromises motonst, gedestrian and bicyclist safety. )eRection £urves must nold,motoRst soeeds to 15-18 mon maximum. ~ Do not use with stop signs. Yielo con~ro~s are safer and more approoRate, ~ ~mDroves bicycling andwalking conditions. ~.- Can be used effettivel~ with Bicycle Boulevards. ~- Larger vehicles (e.g,,school buses, fire apparatus) may neea to make fefthand tums 'n ~nt Of circle. ~ Landscaping tna~ provides contrast, and especially trees, increase the effect of these intersection islands fordistances uD To 200 feet. ~- Often reduces crashes by,90-95 percent. ~.- Keeps motorists in motion, thus'creating quieter, cleaner-air conditions. ~ 3o not use if comer parking canno[ be effectively controlled. ~n such settings fire resDonders may ge'oenied access To a street. I Cost · > S8,000-$~5,000. ~sphalt mini-circtes areinstalted for as little as S6,000. Most residents prefer the qud ity and durabiIi~ of concrete. ~n t~ls tra~c ,-'~i-cirde in Vancouver, ~C, buses and orner large/ehlcles truvel tnrougi~ on a srratght or right- turning aooroach with no STREETS AND SIDEWAEKS, PEOPLE AND CARS 41 The Toolbox Roundabout and Mini-Roundabout Aroundabout is a circular, raised island with deflector is~anos that form a hub for ~l'~the traffic iha't flows around it and the streets that shoot off it. Roundabouts are located at the intersection of a collector or arterial street with one or more crossing roaQways. As with m[ni-drdes on collector or residential streets,trafficdrcuJates~within-rouno- abouts in a counter-clockwise direction and exits the roundabout by turning ohto the de~ired street. Therefore. lo left-turning movements are neeaeo. ~nIike a ~igr'talized intersection, drivers select gads in the traffic to enter the roundabout from each, approaching s~ree~without hawng to Rou[~dabouts are usually less expensive to install and main~in than traffic signals. '~hey red~Jce ~:rash~ 50-90% at intersections previously'~o~tfolied with traffic,~signals or'~io~.'~i~ns; They:C~n also handte 30% more traffic than intersections with signals ~ri(~ elih~ nate tl~ n~ed to widen roads to increase intersection capacity. Roundabouts need to pe construcceo to accommouare oeoestdans and bicyclists with crossinn ooints aaa medians. Crosswalks should be otaceQ, a~ou~ one car tengtn beyond~the yield line so ~na~ urivers exiting the roundabout have a fi]Il view of oeoes- trians. The design snou~u not oermit a mo~ons~ ~o travel faster than 15-20 man. · Used for :~- Managing vehicle movements where the existing ntersection is unusually large, complex and or has more than four aogroacn ~egs. ~,- Improving an existing signalized or four-cross intersection which is experiendng heavy traffic backuo and congestion. ~,- Improving safety of motor, ists, pedestrians and bicyclists. ~,- Creating a gateway into a Qown[own, neighborhood, wal~erfi'ont or other area. ~,- Increasing pedestrian access across complex roadways. ~his Forr Pierce. F/or/da, round, bout w~s constructed ~o reauce speeding, improve s~fe~, . and enhance the aesthet/cs of the community. · Considerations ~'- Street widths and/or available dght-of-wa~y need to be ~ufficient for a propeny designed roundabout. Ge~era]Jy, ail size vehicles an~ turning movements are supported with ]lO'ffom~two diagona~ comers. Smaller spaces can accommo- date a r~undabout, esDeci~ ly ifihe desigr vehicle or certain tums are restricted. ~'- Vehicle deflection must be set to reauce speed to 15-18 r-pn. ~,- Larger deflections create safety problems for all users. :~- Use spJi[ter islands entering and exiting rounaa~out to con~ro~ deflection anc turning movements. · Cost ~ A andscaped roundaPout ranges from $4-5 000 to more than $~50 000. Can often be but for less than the cost of nsta ing conventiona s~gna system. 42 STREETS AND S DEWALKS, PEOPLE AND CARS The Toolbox BefOre · D oadway narrp.wmg can be ach eved n two different ways· The lane · r~W[dth ~an be'~teduced, with excess asoha[t men striped with a bicycle la~l~ ~ipa~ed"s[~ulders. be narrov After Colored dspnult has been used to identify )ike lunes on [his stree[ n noi/und. The bike Idnes visuolly nurrow me street. Although me curb to curd width is more mdn 30 fe~ the mptorist only sees 11 feet of driving space. This visudl tunneling reduces soeeds b.v 9-14 mpn. · Used for ~- Reducing speeds, increasing safety ano redistributing space to otner users ada uses, · Considerations ~ Bicyclists must besafety accommodated· Bike aries are needed if motorvehicle sDee]s exceed 20-25 mD h. If soeeds are less than 20-25 mon, bikes and motor vehicles can snare me same soace on the [o~way. The extra width, in such se(ti~s is~?r[ beriefi~]l tO pedestrians or d~di&te(J!tfo~riothe r Mai~ Street Or neighborhdbd [~e~dS. ~- Use ofbike;lane:s helps wi~ truck turn- ing ~ave~t¢({:~r~er effe~Jve tumiag ~di~) ahd ¢¢at~ a space ~o allow .motddsts to pull dye for emergencies and emergency responoers. STREETS AND SIDEWALKS, PEOPLE AND CARS Intersection Median Barrier This shorteneo version ora (aised curb median extends Enrougn me rntersect~on a /distance adeauate to prevent cross-street through movements 3nd left-turninc movemenr~ ~c cross streets from me main street. This trea~ent oenefits Deaestrrans WhO nee~,to cross any ~eg of file intersection aha restricts vehicle entry into and out of neighborhoods, and can therefore greatly mauce cut-mmugh traffic, As ~ m a oede~rian m~ge is/ano p. 36), the [nteBection median barrier can ae as narrow ~s 4 feet. but8 feet ~s oreferred. · Used for ~ Reaudng~u~-m~ougn traffic on a ne;gnDornooo street. )'- Creating bicycleDoulevard streets. ~- moroving neaestr~an access across ous/COllector an[~ after[a[ streets. · Considerations ~- Works oest with gna pattern or other [~gnoy lacea neignnornoods where mere are many points of entry. ~:- LOCm resloents neea to oe orovlded access and snou~a not De 'eau~rea [o drive excessive distances to reach their homes. ~- Analyze traffic )aEerns to see now much. if any, traffic will be diverteo to otner streets. Design must include safe aha convenient emergency vericle. bicycle and uedestban access. Can be used internally in a neig~bor- hooa. BUt ts more frequently used on eoges and entries. May Improve capacity ofpdnd(zal roaoway, taus Keeping road to mm~ma~ numoer of lanes. I' The Toolbox · Cost ~' SIO,O00-S20,O00 Inrerseer/ofl me(z/on (z~rners snou~o De oes/gne~ to olfow walK, rig ~n(z bicycling trips through me neg(zoornood. STPEETS AND SIDEWALKS, PEOP[_: CARS 31 FUll Street Closure ~'~fu street cosure ~s accomF ished by installing a pnysica barrier that ~'~stree~ to motor vehicle traffic either in initial design (e:g., new cu~-d e-~aC) 6r by, ;cIosu~re o[ an existing ~reeL A street closure is deae o~ a ioca~ s{r~e{Sto pre~t :~ro~g~ ~G b~t a~ows access ~or pede~rians ~(~n~uding bicyclists ao~ ~mergencY responders Street ~l~u~s t~l~ shi~ tra~c to other ne~gnBornooa s~reets and'shos[d omy Be cons de~fl~t[~tment W ti work. It,s implant ~ a~ach t[a~ccalm[ng on~t ~,~t}~dosures~o ~ve crime or other sodal proc ems. O~en other tools, uch severe ripple :~-Li~iting.m~tor vehicle traffic to certain areas. ~ Cieat~ng a snort Deaestrian mall. ~,- :.rearing a oark. oublic plaza or other ouDuc soace. ~.- Establishing an overall traffic management strategy. · Considerations ~,- ~as n ghest negative im~ac~ on Inca residents. ~ Highly restrictive. Analyze if new traffic ~a~[erns wu aclverse~y affect o[ner streets in a negative manner. May generate new auto trios. Always use with caution. :~- Do not use to aooress social or crime o roolems. ~ Reouires attention toturning movements of vehicles at street encL :~- No~ effective as a speed reduction measure. :~- Desig~ shc~uld allow walking, bicycling; and access ~'or ne~pte with disabilitii~s, emergency res[~enders. transit:ann, school buses, use only if non-motonze(] access s ~mptoved to key locations. ~.- S30~0b0-~100,000 for a landscaoed ClOsure, oeoeHding on the design. The Toolbox full street closure, like this one in C~mbridge. 1/l~ss~chusetts, cnunges trafffc pozTerns ~nd is thus rorely use~,_..~ STREETS AND SIDEWALKS, PEO)LE AND CARS 29 The Toolbox Driveway Link Dnvewa¥ inks refer to me use of a winarr a street oattem wnrco a~Jows for two- Driveways create a link to rne street for residents. =~ .~ serpentine adorn orov~des areas whi6k can De slanted w]~h trees an~ Pushes m create visuat obs~mctmns Such aes~gn~ are usually implemented w~t~ construction of a new neJghbomooa W~ aCCeSS. · Used for > Changing the entire look of a street. Sends a significant message to onver_~ [nat me nature of the roas is not for fast driv £reating s/ow streets in newneignoor- Slow'sD traffic on ove~ y long D~OCKS [nat were Door y aes ~nea. ?eating a network of DocKe[ garKs zna[ can'sfgnff~cangy ~mprove proper[. · Considerations ~ Expensive. Where cost is a concerF otner Ion sr cost tra~c caJmir } s~rateg~es might De eq~an~ effective ~ MOS~ cost-effective ~nere a sTree~ v soon Jnaergo maiD[ reconstrucsop fo~ utilities or other Durgoses. · Cost :~- High cost (S6O,OOO-SgC 000 ifretrofr DUt ess exsensive ifsrree~ ~s oemg rebu. torwitq new :on,ruction. Colored . .,~2~_, _ ~STRF[TS AND~S D~?~WA~&LK~S.2~EQP AED r RS ......... Diverter · Forced Turn · Diagonal · Star · Truncated A d,e er,cons sts, bf an s and, or curded dosur~.r w[~,Ch~ prevents,, certain through· ~nd/or turn ng movements at ntersect ons~o~[es dent. a ~treets le~urd movements and forcevehkies~oturn~ghb fS6e~res at'~igfif, As w ?h oBer tra~c calming measures,diagonal d ve~ers must;be used in conjunction wi¢, 2met ~B~c calming ee~tE~ ~L[h~O ~he neighborhood s~ree~ ne~ork: An) of these dive~s shoWd be des~'e~ (O ~1to~ oedestri~n,b{~l~'a~d emergent) access. · Used for ~ Traf~cvolume con~ro~ ~ ]scourag~ng commuterorotherinaoDrooriate traf~c from entering or cu~mg through a neighborhood. ~ Creating oart ora bicycle Doulevara system, ~ ~reating asmall DocKetoarK. · Considerations ~ Diverters area very strong measure and will have negative imoacts on residents who use the streets daily. ~ Consider tess restr ctive measures first· ),- Tr~ ~osolve main corridor problem first. Will an intersection imr 'ovement curtail cut-through traffic? ~ D'/erterssnOUlCi naves[rong'neighoomoo(] suooort before the. are nstalted. ~ Used most effectively ~n grlo s~ree[s, or otner oaEems wnere many linkages ~ Evaluate neighborhood tra~c paEerns to determine wneme[ otnerstreets and emergency ooerations, sanitatbn, schoo~ ous and transit wouu] De aoverse~y affected. ~ t is often ~ossib[e to Ou[Id a diverter to oermit emergency resoonse ano aus access. :~- Design diverters w~tt~ 'amos to allow bicycle and ADA access. · mst )- ~10300o$20,000 ner[rearment. The Toolbox ''D Star-~ x_. Truncated Diverter Forced Turn'Divert~ STREETS AND S DEWALKS, PEOPLE AND CARS 27 This choker, in South Miami, ?lortda. "tholes'the entrance of the srreec ro a '"-~ine-foot travel Jane Choker or Neckdown Like a partial street closure o. 3$La cnoKer narrows the mouth of an intersection. ,However, a choker Joes not just olocK one movement (either entering or exiting [ne intersection,, out nstead consists of a set of curd ouloouts which narrows the intersectloF To one lane, causing motorists to s ow When entering or exiting. · Used for ~- Slowing vehicles at entry-point and mid-ooint along me street. ~- -prowng safety for )edestt[ans an(] motorists at intersections;increases visibility and reduces speeo of turning motor vehicles if designed correctly. ~ Encouraging pedestrians to cross at designated locations. ~ Preventing motorists fie- ~]arking au corners. ~- -orowng access for emergency responoers and large .vehicles to narrow streets tnat might be blocked by on-stree[ parking. ~ Imorowng comoliance with the Americans w m Disabilities Act (ADA. ~" 'qproving pubtJc space. · Considerations ~ Narrowing street opening or mid-block ooint to 14 feet is essential. If narrowing Is not restrictive enough vehicresw, oass one another ana sDeec~ reductions are m n~mal. ~ ~/orks oest when street volumes are above 600 and unaer 2,000 ~ Midblock chokers provide an opportunity to enhance midb ack crossings, create a comn' Jnlrty pocket pa[k ano olacesto alant ~rees. )~- To assist large-yen]cie entry, such as fire trucks, design to enhance ngnt-turn movemen[s olace curd extens ;n ~n right-side of entry}. · Cost ~ S5,000-$20,000 each depending on site conditions and desJreo ~anascaoing. 26 STREETS AND S1DEWA_KS, PEOPLB AND CARS The Toolbox Step 4: Review the Tools ~[ ulbouts'orcur~ extensions extend the s~oewaik or curb [ineint~ the street, reducing I,,~the street oavement wi~Jth. Bulbouts calm traffic speeds and imorove pedestrian crossings. They. sha~en crossing distances aaa reduce the ~]me pedestrians are :exo~e~to ~affie: Bulbo~tsimprove visib[l~ty for ;edestrians and m6~orists. ]ulbou[s placea at an ~nters~tion ~}scourage mot~ists f~om parking iR a crosswalk or from block~ag a curb ramp.. Motor sis may travel m~pWJy:at ~n~e~i~ns o[ mid- .blac~ocations with bulbouts depending upon h~ ~r~'~?adway' b~omes. Oje~ ~n s~ence, especial~y w~h landscaping, bulbo~ght~;~[~:~ Wide s~eets. ~'~o~.restdcted ~e ~re~ w~dth becomes the s[o~m~ {~nd to travel. ~u~bo~ al~o [educe ~rn~ng speeds at i~erse~ions.'- ~'' Used for improving safety for Deoes~rlans and motorists at 'ntersecdons and m~oc ocK ocations. ncreasing visibility anu reducing speed of turning motor vehicles at intersections if designed correctly). ]rr 3roving midblock visibility of pedestrians Dy bringing mere to th~ edge of parked vehicles. Encouraging pedestrians zo cross at designated locations. Preventing motorists from parking a~ corners. -Droving access for emergency resoonoers and large vehicles [o narrow streets t~at might De PlucKed Dy on-street parking. ~ OrOVlglQg ODoor[unlw for high QualiW ramps for oeoo ~withd;sabilJties. > )rovi~ag location ~r [andscap~n~ and oublJc amenities. · Considerations ~,- [~est used where on-street oarkin.c exists. ~ When bike lanes a-e induded, pnnopal street curb extensions are aoaBteo to permit a S-foot lane. ~ Md-b]od( curb extensions provide a~:o~po~tubity to ~nhance midb[o~ crossings ana . create a p~ace to ~an[ trees ut add landscaping. Fnis bulbout in Venice. Rorida, reduced motorists turning soeeds by 6-8 mpn. The oulbout also reaucea aedestrian crossing d/stance and time ex,usaa to Erode. 24 · Cost ~,- S5.000-$20,00C each. Can ue ouilt for little or no aooitlonal cost during ] street ,econstruction STREETS AND SIDEWALKS. PEOPLE AND CARS The Toolbox Gateway A gamway rs a pr~ysical or geometnc !andmar~ c ~ an artena~ WhiCh ]n(]ica~er a :nange ~n environment from a ma ~r roaa to a ower sneeo res~oent ~[ or com- mercial distdct~ Gateways ma/oe a combinatbn ofs~reet narrowing memans, signs, arcnet over me roadway, roundabouts, or other identifiable feature. Gat~ays senQ a clear message to motorists that tnev nave reacheg a specific place and must reQuce speeQs. i Used for ~' ~nsitioning to a ~e~ a~a s~£~ as ~ commercial d~str!~t or nelgnDornood. ~ Creating a unidue image for an ama :~- Sending a message to motorists mat tne are traveling frorr a prlnc )al road- way to a commerc~ or ne~gnDomooa district ano Inat rnev are exgected to slow to an ]ooroorrate soeec~. [] Considerations ~' Most effective in speeo reduction: gamwa] rrearmem in tiates a ne~ visual image, sucn ~s a cons[stent new streetscaDe. ~ Effect s mcreasedifopen[ng s!ows turning speed. ~- Often used in conjL~nction with other oedestr[an enhancements.sucn as medians ouroouts ano Diver treatments. ~ Strong visual effects are essentml · Cost ~a- Nill vary oeDending on ues[gn. The Comb/not 2fl of STreeT iomp$, Ion~zcOOlng, $Tree~ ~ree$ ond mFICOtel; gored med~o con crea~e o gateway welcoming residents ~nd ~ si~ors To me center of town Chicanes Ir'hicanes usually consist of a series of buibouts or curd extensions mat narrow ~ne ~street to one lane at selected po n~ and force motorists to slow d~wn to maneuver between them. Such treatments are intended for use on'ly on resiid~ntial ~i~eets or quiet portions ora downtown with Iow ~af~c voiumes '~under 1,$00 cars per wh'e~e it is d~sirable to greatly re~tri~t veEide ~D~eds anc ~o~ements. Reducing vehicle speeds on long: ~tocks lover $00 feet). Adding gr6enery and visually narrowing aoDearance of street. Creating a park-like environmen[. Assu[ ng 20-foot onening for fire track operatiops. Considerations Chicanes minimize p~tems at driveway o~enings.~ Jt eliminate four on-szree~ parking spaces. ~rooen¥ designe~ aha planted, chicanes crea~e aooearan£e,~nat street enos mid- ~lock. This f~rther reduces speeding, ano can reouce VOlumes on some streets. ~ Can be:usedwith orw[thout existing CUrDIP~& 19 many cases drainage can flow mong .existing c~urb line, but can crea[e new ~i~i:enanee oroblems. · Cost :~- For a se~ of three. $10,000 to 520,000. The Toolbox Chicanes cQn De useo on streets ~vitn or WithOUt SlQeWQiKS. ~-hese cmcQnes narrow tins Moin Street ~o two lanes aha require rra~c to move sJow~]. This style of chicane can easily handle 5,000 ~o 10,000 vehicles oer 5,~ STREETS AND SIDEWALKS, PEOPLE AND CARS 25 Requested Ci~ Commission Meefi~ Dates [] July 18.2000 [] August 1,2000 [] August 15.2000 [] September 6, 2000 V. CITY MANAGER'S REPORT ITEM C CITY. OF BOYNTON BEACH AGENDA ITEM 'REQUEST, FORM Date Final Form Must be Turned in to Cit~ Clerk's Office July 6, 2000 (5:00 p.m.) July 19,2000 (5:00p.m.) AugUst 2, 2000 (5:00 p.m.; August 16. 2000 (5:00 p.m.) Requested City Comm/ssion Meet~n~ Dates [] September 19, 2000 [] October 4, 2000 [] October 17 2000 [] November 8. 2000 Date Final Form Must be Turned ir~ to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'misbed Business [] Announcement [] Presemation RECOMMENDATION: Request for direction. EXPLANATION: For several months the adm/mstration has been pursuing an Option Contract to purchase the property commonly referred to as Paradise Bay. The property lies between Federal Highway and the Intracoagtal at 2280 North Federal Highway, and consists of apprordmately 3.22 acres. The property consists of a two-story, 20,270 square foot restauranvmghtclub and wet slip marina facihty. On August 23, 2000, the City Attorney forwarded an Option Contract to the property owners attornqy offering to acquire the parcel for $2.5 million dollars. A counteroffer was received the following day for $3.675 million dollars. No additional offers have been extended by either party. Ordinarily, negotiations for an Option Contract would continue without public fanfare until an agreeable contract is achieved, subject to City Commission review and approval. In this particular case, the disparate value reflected by the City's offer and the property owners counteroffer makes further negotiations impractical, absent Commission input. Before proceeding with additional offers or snnply abandoning efforts to acquire the property, I am requesting Commission direction to determine if acquisition is feasible and if se, within what general parameters. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Manager's Signature S:~BULLETrN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON, BEA-CH AGENDA ITEM REQUEST FORM Depariauent Name ~: ' ' CiE/Attomey./Finance / Human Resources S:kBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Cormxfission Me~tin~ Dates V-CITY MANAGER'S REPORT 1TEM D CITY OF,BOYNTON BEACH AGENDA ITEM REQUEST FOR vl Requested City Commissmn Meetine Dates Date Final Form Must be Turaed iI~ to City Clerk's Office Date Final Form Must be Turned m To City Clerk's Office [] July 18. 2000 [] August L 2000 [] August 15.2000 [] September 6. 2000 NATURE OF AGENDA ITEM July 6, 2000 (5:001~.m.) July 19, 2000/5:00 p.m.) August 2,2000 (5:0~ p.m.) AugUst 16. 2000 (5:00 p.m3 [] Administrative Con~ent &genda [] Bids ] Announcement [] September 19. 2000 [] October 4. 2000 [] Octo r 17,2000 [] November 8. 2000 [] [] [] [] [] September 7. 2000 (5:00 p.m.) September 20, 2000(5:00 p.m.) October 5. 2000/5:00 p.rn.) October 18, 2000 (5:00 p.m.) Development Plans New Business L¢gal Unf'mished Business Presentation RECOMMENDATION: Please place this request On the October 4. 2000 City Commission agenda under Cty Manager's Report - CRA Membemhip. This item is intended to provide the Commission with an overview of the responsibilities of board members as defined by State Statute, and present selection criteda recommendations for future CRA Board members· EXPLANATION: During the past year the City Commission has developed a general consensus that it would be desirable to see the Community Redevelopment Agency.(CRA) evolve into an entity distinct from the Cty Commission. In June of 2000, the Commission moved forward with the appo ntment of two civilian members to the board. Subsequently, staff has been directed to move forward with the next step in developing an independent CRA Board by the end of calendar year 2000. The attached staff report outlines the responsibilities and authority of the board and presents other pertinent information relative to further implementation toward creating an independent CRA Board. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A CRA ~C~gnature Department of Deyelopment City Attorney / Finance / Human Resources DD TO: FROM: Kurt Bressner, City Manager QUintus Greene, Director of DATE: September 25, 2000 RE: CRA BOARD MEMBER' RESPONSIBILITIES,AND SELECTION As we recently discbss~d the~ respons'bTties of a C0'l~tn~nt .~Redeveo ment A e c · . ~,~,.:~ ~ ~ - , ~ .........Y~ P , g n and its directors are outl ned id state law. Specifically unde~tl~e~!'~i~&V~sierjs of Chapter 163 o:["t~e F or da Statutes CRA Boards of Directors may take one of the, follew~rig three forms: · A City Commission may sit alone as the CRA Board. · A City Commission consisting of five members may along wth two civ an members, sit as the CRA Board. The CRA Board may consist entirely of between flve~and:seven C v an members Dudng the past year there has evolved a general consensus by Commissioners that, for a number of reasons, it would be desirable to see the Community Redevelopment Agency (CRA) evolve into an entity distinct from the City Commission. Accordingly, it is appropriate to briefly review the powers and duties associated' with an independent Community Redevelopment Authority Board as provided by state statute. First, the City Commission appoints al! :CRA board members for staggered four-year terms. The City Commission also appoints the Chair and Vice C'hair of the board; C~:~.~A board members serve without com~3ensation, however they may be reimbursed for necessary expenses, including travel. In addition, CRA board members may not hold any other publ c Office during their tenure on the board. The City Commission may, following a hearing remove any CRA board member for "inefficiency, neglect of duty or misconduct." The powers of the CRA are vested in its board, which is subject to the Sunshine Law. A majodty of the board members at any meeting constitutes a quorum for the purpose of conducting business, and action may be taken by a majodty of:those present. The board may employ~ an Executive D rector and staff, including legal staff, as it requires, and the City Commission may appropr ate funds to cover these and other administrative or overhead costs. ~ Finally, with the approval of the City ' Commission, the CRA has broad powers to implement a.._.. Community Redevelopment Plan. These include the power make and execute contracts, acquir~~ '",, property and demolish, structures within the CRA area as well solicit requests for proposals for the'- redevelopment of parcels. Development Memorandum 00-029 CRA Board Member Responsibilities and Selection Page 2 With these things in mind, the City Commission took the first step toward creating an independent CRA at its meeting on March 21, 2000, by appointing two civilian members to the CRA Board. At its meeting on April 12, 2000 City Commissioners, sitting as the Cc mmunity Redevelopment Agency Board, Subsequently directed staff to interv ew prospective candidates and prepare a 'short list' of five (5) individuals to be considered for an expanded CRA Board. Following a public announcement, a total of 14 individuals submitted applications for the two available positions. Each of these 14 individuals were interviewed, and asked a series of five standard questions. Based on the quality of the responses to these questions, as well as the extent to which the respective candidates met pre-established criteria, staff recommended five individuals for further consideration by the Corem ssion. Following deliberations by the Commission, two of these five were selected and appointed to the CRA Boar(J, effective June 30, 2000. Staff has now been directed to move forward with the next step in developing an. indep.endent CRA ' Beard by the end of the calendar year 2000. Accordingly, we are proposing to ~mmed ateiy initiate the same process, using the same cdteda that was used to identify and select the two currently serving civilian members, to identify three (3) to five (5) new members for the CRA Board. To this eno, it is our intent.to include in the pool of candidates those individuals from the first round of interviews, who were not selected and who remain interested in serving. Candidates from the second rouno of'interviews would then supplement this pool. We are proposing to provide a short list of approximately eight to ten candidates for consideration by the Commission on or before its first meeting in December 2000. G:\Memorandums\00-0029 Bressner - CRA Board Resp & Selection.doc Requested City Cormmsston Meetina Dates [] July 18. 2000 [] Augustl, 2000 [] August 15, 2000 [] September 6, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VII-PUBLI'C HEARZNG ITEM A Date Final FormMust be Turned in to City Clerk's Office July 6, 2000 (5:00 p.m3 luly 19, 2000 (5:00 p.m.) August2, 2000 (5:00p~m.) August 16, 2000 (5:00 p.m.) [] Administrative [] Consent Agenda [] Publie Hearing [] Bids Requested City Commission Date FinalFgym Must be Turned Meetin~ Dates n to C tv C erk s Office [] September i9. 2000 September 7.2000 (5:00 p.n~) []. October 4. 2000 September 20, 2000 (5:00 p.m.) [] October i7, 2000 Octobe~ 5, 2000 (5:00 p.rm) [] November 8, 2000 OetoberlS. 2OOO(5:OOp.m.) [] Development Plans [] New Business [] Legal [] Unfinished Bus/ness [] Presentation ~COMMENDATION: Please place this request on the October 4, 2000 City Commiss/-on Agenda under Public Heanng. e Planning and Development Board with a unanimous vote recommended postponement at thb refuest of the applicant (additional time was requested to consider and/ncorpdrate final recommendations from staff). For further details pertain[ng to this request see a[tached Department of Development Memorandum No. PZ 00;273. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BOYNTON SHOPPES PCD (HEISE PCD) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for Major Master Plan. Modification/Rezoning to allow for the construction of an additional 3,000 square foot building consisting of a 1,500 square toot fast food restaurant with drive-through and 1,500 square feet of retail space. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Director of Planning (uffi Zoning Manager s Signature City Attorney / Finance / Human Resources TO: THRU: FROM: DATE: DEVELOPI~IENT DEPARTMENT MEMORANDUM NO. 00-273 Board Director Seiii6~ Pi~ner september 18~ 2000 s PCD (fica Heise PCD) (REZN 00-001) retail space) INTRODUCTION Robert Basehart of Basehart Consulting, Inc.,. agent for Boynton Shoppes PCD .(f.k.a. Heise PCD), is proposing a major modification ro this PCD which occupies~ 3.63 acres of property located approximately 220 feet east of the southeast comer o£ Congress Avenue and Woolbn=ht Road (see attached location map in Exhibit "A"). The prOPosed modflS~ation is for the addition of 1,500 square feet of retail space and a 1,500 square foot fast food restaurant with drive-through window. The original plan includes an 8,085 square foot building designated ~'or retail use, and a 10,446 square foot automotive repair center comprised of three bays; 1,612 square-feet for oil changes, 1,818 square feet for a detail shop, and 7,015 square feet for tire sales and installation. The future land use classification will remain LRC (Local Retail commemial). BACKGROUND The Boynton Shoppes PCD master plan was approved in 1997, which was preceded (accompanied) by an amendment to the code which was required to reduce the minimum acreage, ofa PCD from 5 acres to 3 acres, to allow for the subject 3.63-acre property to be rezoned accordingly. The property was developable under the then C-3 zoning, but not for the automobile care uses desired by the applicant. The repair of automobiles or tire sales and service are not allowed on sites less than 5 acres in stze within the C-3 district, and as indicated above, the minimum size of a PCD ~vas 5 acre~. To minimize the city-wide impacts of a code change, the PCD regulations were the target of their amendment request. PROCEDURE Pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 6.F. (Planned Commercial DeveloPments), when modifications to approved plans for a PCD result in an increase of ten (10) percent or more in measurable impacts such as traffic created, water used, sewage or stormwater generated, or some other comparable measure, the request must be processed as a new application for zoning to PCD. Furthermore, according to Chapter 2, Section 9 (Administration and Enforcement), when a rezoning request does not require an amendment to the furore land use map, staff analysis is not required to include an evaluation of the project using the eight criteria under Section 9.C.7. Since this request is only for rezoning (and major master plan modification), the above-described analysis is not required. The analysis contained herein evaluates the changes to the proposed master plan, issues of particular concern, and includes selected portions of the above-described criteria that pertain to impacts Page 2 Boynton Shoppes PCD File No. REZN 00~001 North East South West upon municipal ~ervices, and compatibility with adjacent properties. The emphasis of this analysis is on the intent of the PCD regulations compared to the proposed amendment. . ADJACENT LAND USES AND ZONING The land uses and zoningin the surrounding area vaW and are presented in the table~that follows: Right-of-way of Woolbfight:Road t~e~ far~her n0rth,~ office commemial under development including a bank and medical office buildings zoned Office Professional (C-i) Bank; zoned Community Co. :~mrn. e_rcial (C-3) then farther east multi-story office building; zoned Community Conu:nemi~ (Ci3)' . Multi-family residential; zoned Multi.family (R-3) Service Station and fast food restaurant; zoned Community Commercial (C-3) then farther west, Congress Avenue right-of-way PROPOSED DEVELOPMENT The applicant is proposing this major modification to the Boynton Shoppes PCD in order to add additional retail square footage and a fast-food restaurant with dr~ve-through window to the existing master plan. The additions will be made on that portion of the property fronting on Woolbright Road (see proposed master plan - Exhibit "B"). The applicant estimates that upon completion, the facility will employ approximately 35 people (fulI and part-time). Compatibility of the proposed use with the surrounding land uses is discussed below. The Land Development Regulations, Chapter 2, Section "F"-Planned Commercial Development District, contains the following site regulations with which this proposal must comply: Minimum perimeter setbacks ..................................... front side rear 40 feet 30 feet (a separate request for a variance is being submitted to reduce the side yard setback by 12.5 feet to 17.5 feet) 40 feet Minimum land area .................................................... 3 acres Maximum tot coverage .............................................. 40 percent Minimum peripheral greenbelt width ........ ..... 10 feet; 25 feet when abutting residential use (a second separate request for a variance is being submitted to reduce the greenbelt setback by 5 feet to 5 feet'} Maximum structure height ......................................... 45 feet Pgge 3 Boynton Shoppes PCD File No. REZN 00-001 IS~UES/DISC, USSION Aj) CONSISTENCY OF REZONING WIT[~ ESTABLISHED LAND USE PATTERN In general; the proposed uses are, c~)mpa~le wi~ the e~abl3shed .land use ,pattern, as the surrounding uses are of a commercia!..nature. The, add,ti°ns to the ~aster plan are ~to be located between the service statmn/fast food restaurant to the w~est and~ the ~bank to..t~e east.: ~ B) COMPATIBILIIT OF PROPOSED REZONING WITH PUBLIC FACILITIES At the time of maste~ plan approval,, a review ,for e0ncurrency certification was conducted for drainage and ~raffic'facilltie~. Concurrency certi!i/:afiomwa¢ iSsg~d' a~er the~ determination that adopted levels of service standfi~s were met. The impacts on f~cili{ies o? the additions to ~h6 site plan as a result of the rezoning are as follows: WATER AND SEWER DEMANDS: Impacts to tb~ water and sewer: systems are estimated to increase potable water demand.by 2,650 gallons/day and to increase sanitary.sewer demand by 2,650 gallons/day. D~AGE: The project applicant, has submitted a drainag9 statement and preliminary drainage Plan ro demonstrate that the project meets the City's drainage standards. RO~WAY CAPACITY ANALYSIS:, A traffic analysis has. been submitted, for the proposed modification to supplement the traffic anal~s'is submitted atthe time of initial approval. These and other site impacts are further addressed in the staff re_port on the corresponding site plan application that is being requested concurrently with this request for master plan modification. C) .CONFLICT WITH INTENT AND PURPOSE OF PCD REGULATIONS According to the PCD regulattom,.the ~ntcnt and purpgse of t~e PCD d~stnct ~s to prowde a zo.mn~, classification for commercial developments that will better satisfy current demands for commermally zoned land by encOuraging developm6nt whic~ will reflect changes in the concepts and technology of land development and relate the land development to the specific site . .". The regulations also intend to create a project "of efficient and harmonious design, so arranged as to create an attractive project readily integrated with and having no adverse effect on adjoi~ng or surrounding areas and developments.". With the amendment to the code to reduce the minimum size of a PCD, the original master plan generally satisfied the intent and purpose of the PCD regulations. However, the corresponding site plan anti variance applications may jeopardize the general intent of the PCD regulations through the reduction of setbacks,perimeter buffer, and site design. This issue is furthered described by the following points: 1) 'The reduction in setbacks, and in particul~ the reduction in the peripheral greenbelt, would reduce the quality of project intended by the PCD ~'egulations without adequate justification. Page 4 Boynton Shoppes PCD File No. REZN 00-001 2) The applicant was aware of all site constraints and applicable regulations whex~ PCD zoning, and the text amendment, were originally pursued; which was likely the reason that the original master plan did not propose uses/bUildings w}thin the'subject location (~n the master plan; and 3) Project quality, in pan, is a factor of setbacks, emrance layout, traffic circulation, and landscaping (peripheral greenbelt); ali of which are negatively affected by the proposed modification. The ultimate :layput and circulation within a master plan shou!d be optimal given th~ intent of~the system to facilitate comprehensive reviews at time.0Yinitial submittal. CONCLUSIONS/RE COMMENDATIONS Relative to architSctural style'and use, the subject project, would be compatible ~vith the various styles and commercial uses of adjacent propemes, and therefore satisfy one intent of the city's PCD regulations. However, as indicated herein, the proposedprojecr and variance requests would not satisfy the intent of the regulations "to accomplish amore, desirable 'environment for commemiat development tn relatton to exmt~ng and/or future mty development", to "promote the: .p/tblic health, safety, convemence, welfare..", nor to provide efficient and harmonious design so as to create an attractive project". Based on the analysis and discussions contained herein, staff recommends that the subject request for a major master plan modification be denied. As an option to the applicant, staff would support a modification to the subject master plan to allow for additional square footage, if the modification would not require the reductions in the peripheral greenbelt and setbacks, and the minimum entrance throat requirement is satisfied to promote congestion- free and safe project circulation. If this recommendation is supported by the Planning and Development Board, a condition to require same will be added to the,conditions of approval within Exkibit "C". Enclosures ~~EXHIBIT "A"- WOO ~3 ,LEGAL DcSC;RiPTION SITE DATA DEVELOPMENT TEAM NOTES SYMBOLS PAIL,KING DETAIL .~OCATION MAP Site Plan SP-I Conditions of Apvroval ~' Project name: BOYNTON SHOPPES PCD (fka lleise PCD0 .~,~ ' ' ' , ' INCLUDE' REJECT DEP~,-~MENTS - PUBLIC WORI<2S , Comments.' NONE UTmiTmS ' , - Comm~nts~ NoNE ' FIRE . · Comments: ,NONE ' 'POLICE Commertts: NO~IE ' : ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Cumments: NONE : PLANNING AND ZONING Cumments NONE ' ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. ADDITIONAL CITY COMMISSIONCONDITIONS 2. To be determined. DEVELOPMENT ORDER OF THE CITY COMMISSION-OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BOYNTON SHOPPES APPLICANT'S AGENT: Robert E. Basehart, Basehart Consulting APPLICANT'S ADDRESS: 1820 So. Congress Avenue DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 03, 2000 TYPE OF RELIEF SOUGHT: Major Master Plan Modification/Rezoning (addition,of restaurant and retail space) LOCATION OF PROPERTY: 1620 So. Congress Avenue DRAW NG(S): SEE EXH BIT "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 Cty Commission hereby adopts the findings and recommendatio~ of the Planning and Development Board, which Boar~l found as follows: OR THIS MATTER came on to be heard before the City Commission oI the City of Boynton Beach, Florida on the date ,of hear ng stated above. The City Corem ss on having cons dered th~ relief sought by the applicant and h~rd 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 r equ rements of the City s Land Development Regulabons. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the App icant, 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 retief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the proper~y shatl be made n accordance with the terms and conditions of this order. 7. Other DATED: City Clerk Requested City Commission Meeting Dates [] July 18 2000 [] Au[mst l. 2000 [] ^u~stiS. 2000 [] September6, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEM A. 1 Date Final Form Must be Tttmed in to City Clerk's Office July 6, 2000 '5:00 p.m.) July 19, 2000 (5:00p.m.) Au~m~st 2. 2000 ~5:00p.m~ August 16. 2000 (5:00p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids ] Announcement Requested City Commission Date Final Form Must be Tamed Meeting Dates in to City Clerk's Office [] September 19. 2000 September 7, 2000 5:00 p.m.) [] October 4. 2000 September20,2OOO(5:OOp.m.) [] October 17, 2000 Octobe/r 5; 2000 (5:00 p.m0 [] November 8. 2000 October ~8~ 2000-(5:00 p.m.} [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Please place this request on the October 4, 2000 City Commission agend~ under Legal, Ordinance - Second Reading. As you may recall, this request was approved at the September 19, 2000 City Commission meeting. Staff [ecornmenCs that the processing of this ordinance be postponed to the October 17t~ meeting, to provide,needed time for tncorporaung comments generated by various staff members. EXPLANATION: The subject ordinance has been generated in response to the current absence of ~ny provisions within city regulations that regulate wall murals. The ordinance was originally drafted by a team of staff members with input from a group of downtown merchants. Remaining issues to be reviewed and incorporated into the ordinance, in part, involve tailoring it to only apply to a limited geographic area such as the downtown, a sunset clause or provision{ for progress evaluation, an agreement with the pilot review committee, an appeal process, and incorporation of ol~jective design criteria Staff is currently revismg the ordinance and will then obtain approval by the original staff team, legal staff, and representatives from the downtown businesses prior to the forwarding it for Second Reading. Except for the consideration of objective design criteria, all remaining comments should be easily and quickly addressed. However, additional time may be required to establish, incorporate and obtain consensus on objective design criteria. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Insert revisions to the proposed ordinance or not adopt th~ proposed ordinance. ~t~r I~FD~rop~ent r '~v City Manager s Signature Director ~Planning arrc't/oZ'6-~ng City Attorney / Finance / Human Resources MURAL REGULATIONS Chapter: 1 General Provisions Article H De£mition ~1. A form or, artistic expression in which designs are representatignal, ~magmative, or abstract created in two dirnenslons 10y the apphcat~on of p~gments or other colored medm to a flat surface. The elements of~ i~be lii~e, f0ml~,.:~olor},tone, ;and. textur~,}~, ~y m~7 be combined m ~,i~finite c0rpo .mt~¢agg,~r,~a~ ty~e,of ~ornme~¢~al advertisement.,f ,or~:any:bu~i,nes, S,.product or sePvice :Il New item ~M,'Walt, MaratS"r-'(see',Chapter 9. Comity Design. Plan)' Addition tO :Chap~ 9?Go,a,anity Design Plan New Section 12.: ~W.:,~H Murals Th~ 0f :mn is toint~t m ~ o~se bl~ wall ~ffor to fill ~e gap, lea on ~e adjacent h~ og~0n wh~ buil~ ~e ab~duned or demolished, h ~y cases ~e extmor walls of ~e~jae~[ side of consm~un w~e nev~ int~ded to be se~ ~om ~e s~eets. As such, ~ey ~e g~llg~.mp~;-~shed ~d~oRm ~dowless. ~en ~y ~e leR ex~d, some bmldm~ convey ~:~ d~y whic~ ~ ~, con~bu~s to mbm bli~t ~d ~s ~ aflv~se ~fect on bo~ the overall nb~i~,~g~e~ee ~=d ~onomc heal~ of the com~t~. ~ wall re=als =e prop~ly execumd ~ :~'?a~Ce ofa bml~g Wall c~ ~ imroved ~d reed from a liabili~ imo ~ ~set for ~e:ciw. -~ ~e follo,~ ve~la~om ~11 a~ly to all new w~l mmls and the r~ain~g of ~e~xis~g wall m~als: A. Minimum Design Objectives A mural shall: 1. Improve the value and aesthetic appearance of the city. 2. Not constitute or create traffic or pedes~ian hazards. 3. Contribute to the efforts of community identity and redevelopment, particularly in areas where buildings have been demolished leaving othervase unsightly or blighted gaps in the physical fabric of the community. 4. Promote the design theme applicable to the geographic area within which the mural is proposed (the establishment of themes for any geographic shall not be a prerequisite for a mural). ~- 5. Be a solution to the problem of existing or totally blank walls visible by the puhiic. 6. Foster cultural identity history and enrich the public environment for both the residents and visitors. 7. Respect community standards relative to decency and obscenity. B. Procedure A wall mural .request shall be submitted to the Director of Development or his/her designee, who will serve as chairman of a Design Review Committee (which may be an Arts Council if established). The mural request shall include the following information: l. The name'and address of the applicant. 2. The name and address of the property owner. 3. The street address and location of the proposed mural. 4. The written consent of the building owner including the acknowledgment, of responsibility for compliance with city regulations and maintenance obligations. Drawings or renderings that represent a reasonable accurate depiction of the proposed mural including both colors and graphics. Photographs showing the building on which the mural is to be painted. The Director or his/her designee shall, within ten (10) working days of receiving the wall mural, convene the comrmrtee to rewew the application. The applicant shall be notified in writing within twenty (20) working days of submission whether the wall mural application has been approved or denied. C. Minimum Design Criteria All applications (projects) shall meet the following design criteha: 1. Wall murals shall be painted in a weather resistant paint. 2. No portion of the mural shall be used to advertise a specific product or servme nor display any name or logo of the on-site tenant or a current event within the district. 3. The Walt Mural shall not display any formof message, slogan, word, or symbol intended to promote a single use, or business. 4. It shall be unlawful for any person to display upon any mural any obscene, indecent, or immoral matter, including body parts normally/publicly observed clothed. Wall Mural maintenance and modification I. The owner of any wall mural as defined at the time of approval shall be required to properly maintain sa~d wall mural. M~limenance shall ir/elude painting' and ~:ouch-ups. 2. Should the ~i b~c6me faded, peeled ~and S~ver~lY we~hered~ th~ .prOperty ~Wner shall, ¢pon written not,ce from the C~ty s CodeComplmnce D~v~slon, ,repmr the mural or repaint the wall on which the mural was pmnted w~thir~ 60 ~ays (extensions should be granted ff used f6r ~epamUng of the wall mural). ORDINANCE NO. O 00- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS AS FOLLOWS: CHAPTER 1. ARTICLE I DEFINITIONS; CHAPTER 9. COMMUN TY DESIGN PLAN; AND CHAPTER ~21 SIGNS, ARTICLE II, TO CREATE A DEFINITION FOR WALL MURALS AND ESTABLISH A PROCESS AND GUIDELINES TO REVIEW FUTURE .WALL MURALS; PROVIDING CODIFICATION WHEREAS; staff has.recommended an amendment to the City's zoning '.ode to create a definition for wall murals and establish a process and guidelines :o review future wall murals; and WHEREAS, upon recommendation of staff, the City Commission of the 3ity of Boynton Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend Chapter 1, Zoning, Article II, Chapter 9 ~Community Design Plan, and Chapter 21 Signs, Article II of the City's Land Development Regulations to create a definition for wall murals and establish a process and guidelines to review future wail'murals; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are ~ow ratified and confirmed by the Ob/:Commission. Section 2. That Chapter 1 General Provisions, Article II Definitions ~s hereby amended by adding the words and figures in underlined type, as follows: VEHICULAR SIGN - A sign or sign ~bucture... WALL MURAL - A form of artistic exoression in which desicln~ Bm reoresentational, imaainative, or abstract created in two dimensions I~¥ thru aoolication of oiaments or other colored media to a fiat surface. The elements of the desion may be line, form, color, tone. and texture, and they may be :ombined in an infinite variety of ways. A mural shall not contain araffiti, nudity, political stat.ement, an oraanization' or comorate Ioao or anv tvoe of commercial ~dvertisement for any business, oroduct or service. · as fellows: mended Section 12. Wall The function of a wall mural is to add interest to an otherwise blank wall and/or tO fill, the,~aD left'~on ,the ad~ac~nt~,side of construction when buildinas are abandoned, or demolished. ,In many cases the exterior walls of the adiacent side ~f construction were never, intended to be seen from the streets. As such, thev )re qenerallv unoainted, unfinished and often windowless. When they are left ,~xp0sed, some, buildinas cenvew an imacleof decay which, in tum~ contributes to urban blioht,and has an, adverse,affect on both the.overall ohvsical aonearance and economic health of th,e, community, When wall murals are orooedv executed The follqwinq r,eeula~{hall aonlv to all:new wall mulls and the reDaintino of . r Imorove the,~value and aesthetic aoeearance of the city. · Not constitute or cm~t~, trafficor oedestrian hazards. 3. Contribute to the efforts of community idenfitv and redevelooment, paCd¢- ~_rt~ in areas where buildinos~ have been dem°lished leavina otherwise Promote~he desi(3n theme aDolicable to the c~eoaranhic area-within which th~, mural is nrooosed (the establishment of themes for any oeo~aohic shall not; be a prerequisite for a mural3. Be a solution to the oroblem of existincl Or totatlv blank walls visible by thP Public. 2,, The name and address of the orooertv owner. 3. The street address and location of the orooosed mvr~l, 4. The written consent of the buildincl owner includine the acknowledqment of resoonsibilib/ for compliance with cib/ regulations and maintenance, oblieations~ 5. Drawiaas or renderinas that reoresent a reasonable accurate deoiction of th~ 2. No portion of the mural shall be used to advertise a specific oroduct or service nor disolav any name or Io~o of the on-site tenant or a current event within the district. :~. The Wall Mural shall not disolav any form of messaae, slo(3an; word, or It; shall be unlawful for any Dersonto disl31av uoon any mural any obscene. the Section 5. Each and every offer prOvision :of the: ~d Development t, shall remain in faiFforce and effect as originally,adopted. Sectien 6. All laws and ordinances applying tothe City ;of Boynton Section 7, Should this, Ordinance or any I thereof, bedeClared bY a court of;competent,]udsdi~ion to be invalid, Section 8. Authority is hereby given to codify this O~inance. Section 9. This Ordina FIRST RE~DING this day of Septembe[, 2000. day o~ ~TTEST: City Clerk SECOND, FINAL READING AND PASSAGE this 2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested ~/t~ Commission Date Final Form ~ _u, st be Turned Requested Cit~ Commissuon Meetin~ Dates in to City Cler~k s Office Meetihg Date_s [] July 18, 2000 July 6, 2000 (5:00 p.m./ [] September 19, 2000 [] August 1,2000 July 19,2000 (5:00pm) [] October4 2000 [] August 15,2000 August2,2000 rS:0(p.m.) [] October 17. 2000 [] September 6. 2000 August 16, 2000 5:00 p.m.) [] November 8. 2000 [] Adm/nistrative [] NATURE OF [] Consent-Agenda [] AGENDA ITEM [] Public Hearing [] [] Bids [] [] Announcement [] XI-LEGAL ITEM A. 2 Date Final Form Must be Turned in to City Clerk's Office September 7. 2000 (5:00 p.m.) September 20, 2000 (5:00 p.rm ~ October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.m.1 Development Plans New Business Legal Un£mished Business Presentation RECOMMENDATION: Please place tk/s request on the October 4, 2000 City Comm/ssion agenda under Legai, Ordinance Second Reading. As you may recall, the request was approved at the September 19, 2000 City Commission meeting. Staff recommends this request be approved. EXPLANATION: PROJECT NAME: LANDSCAPE REGULATIONS APPLICANT: City of Boynton Beach DESCRIPTION: Amendments to Chapter 7.5, Article II (and related sections) to add aesthetic/beautification reqturements, m create additional buffering standards, to increase maintenance requirements, increase planting specifications and to codify lake planting requirements PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ""~ir~t&r-o~ ISeveloXMment City Manager's Signature =irector o;- ,l ; a odmg City Attorney / Finance / Human Resources 3 5 6 7 8 9 l0 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 ORDINANCE ORDINANCE ( OF THE '~CENTRAL CODE" A.ND LANDSCAPE CODE" SEVERAB~, WHEREAS, it ~ come to: the attention of the City Commission of the City of Boynton Beach that an amendment~to: Chapter .5, Article IL the "Landscape Code" and provisions~of that Chapter;, and WHEREAS, upon recommendation of staff, the City Commission has determined that it is inthe best interest of general welfare to the citizens and residents of the City to ~rovide the clarifications; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and eordirmed by the City Comma~sion. Section 2. That Chapter 7.5 Article IL the "Landscape Code'? and Article the "Central Bu.~ine~ District Landscape Code" is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, a~ follows: SEE COMPOSITE EXHIBIT 'A' 2 6 9 10 11 [2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 Section 3. That each and every other provision of the Code not ~reinbefore specifically amended shall remain in full force and effect as previously enacted. Section 4. All laws and ordinances applying to the City of Boynton Beach ~n conflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be decIared by a court of competent jurisdictionto be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This Ordinance shall become effective immediately upon passage. FIRST READING this day of ,2000. SECOND, FINAL READING AND PASSAGE this day of ,2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern A'CrEST: Cit3/Clerk Commissioner Commissioner ARTICLE III. CENTRAL BUSINESS DISTRICT LANDSCAPE CODE Section 1. Short title. This a~icle shall be known and may be cited as the Boynton Beach central Business Distdct LandsCape Code. ~ Section 3, Definitions. also apply: 3 and Art cie II. SectiOn 3 shall and the following definitions shall Tree protection~ ,Treatment of ail existing trees shall comply with Article I, Semi°nS i through 30. Section 4. Applicability of the central business district landscape code. This article shall apply concurrently and in direct relation to the requirements of the.central business district regulations of the zoning ordinance, T.he--~e ra,quiations apply to new construction, major modifications ~o exi~_ting sites, and newly landscaped areas where compliance With reqUiations does not decrease conformance with : ark'in- r ulations. com.?_~!~!lty'~ith'ad~"-cent development, the city ma.y r.e. qu,ra ~ be deal ned similar to e~!=e~nt or nearby =rooertv. Section 5. Central business district landscape plan to be submitted, review and approval required. Any person owning property within the central business district desidng t~ obtain a building permit for construction of any building shall submit a landscape plan to the planning director. Section 6. Landscape Dian aDt)roval. Except for single-family dwellin,qs,.prior to the Issu.ance ora.ny buiidin.q permit ~or certificate of occup.a.n.cy, under the provisions of this .a. rticle and. flie BOynton BeaChBUildlnq Coder except for minor by the .olanmn,q;an ~-~ plan shall be drawn delineate the exJstin ~~r less ConduCted by the development department. Section 76. Performance surety. plan shall b~ shailb= 5e said the tto ~n agreement with the owner that the provisions ant of this article will be complie¢[~ wit~. In that case, the Ow post a performance bond or other City-appr~, c~ved surety n an amount equal to one hundred ten (110) per cent of the costs of ~e installation of the an E a The surety shall: A. manager; Run to the City Commission; Specif~ the time for completion of the landscaping requirements of this article as determined by the C~ity manager. · · With shall uired 2. r .~v person who ki~owinqly commi~s takes pa, or asists in sa, ch Vf~Olation~ or · 3. Any person who maintains any land~ building · ,pre,~ises in which~Such Violation shall exist Section 9~. Central business district landscape requirements. Development in the central bus ness district shall conform to these minimum landscape requirements, andwhere poss ble sba .' .entral business dlstdct design A. Landscaped areas: 1. Perimeter strip landscaping. Except along the east side of NE 6th Street north of Ocean Avenue and the south side of Casa Loma Boulevam, landscape strips with landscaping matedal are required tobe iocated Within the property line along the entire perimeter of parking and vehicular use areas, and shall meet the following minimum requirements: a. Landscape perimeter stdps shall be at least three (3) feet wide. b. Living plant materials shall cover at least seventy (70) per cent of the required landscaped area, and shall include trees, :."..-cbc continuous hedges, and ground cover, but~ not lawn grass. Where sufficient depth exists, this area shall also include a combination of colorful ,qroundcover plants (annuals ~ay b- SUOl=ie~ental' to other qroundcover plants but not be a. substitute) and a minimum of two colorful shrub species planted in ~ continuous row or in clusters be,qinnin,q at the proiect entrance or comer. c. Trees are required atthe rate of one (1) per thirty (30)linear feet of perimeter stdp, and may be either grouped or uniformly spaced. Trees required may be planted a maximum of twelve (12) feet from the property line. d. Shrubs shall be planted eighteen (18) inches on center or tio-to-tio {whichever is most intense) in perimeter strips to form continuous screen hedges. Hedges shall be allowed to grow and shall be maintained at a height of two and one-half (2 1/2) to~ree lieu of hedges. st, ops? areas shall edg ~es~ adjacent tO -bt curbs or wheel or on the h. Eedmeter screen hedge requirements may 2. A landscape screen of at least seven (7) feet in width shall be comprised of the following elements: 3.;~. Intedor parking landscaping. Landscaping is required to be located w thin the nterior or parking areas, and,shall meet the following minimum requ rements: garages. shall calculate to space in parking Required square footage of interior landscaping may be reduced to ten (1 O) square feet for each parking space, provided that at least o~!e (!) shade tree is installed per four (4) interior parking spaces, in accorda~'~..e with the requirements of subsection B.l.a. of this section. b. At least one (1) intedor tree shall be i~stalled _, .... .... every 10 parking spaces. c. Grass may be installed as ground cover where the individual.landscape~ area s at least two hundred (200) square feet. d. ~ Landscaped ama.edges adjacent to ~tected byupdght curbs or whee stops I to have a landscape bufferstdp along the right-of-way. The landscape buffer stdp shall meet the following minimum requirements: Landscaped buffer stdps shall be at least five (5) feet wide. b. Living plant materials shall cover at least seventy (70) per cent of the required landscaped area, and sha[ nc. Jude trees, shrubs and ground cover but not lawn grass. c. Small trees shall be planted no greater than fifteen (15) feet on center a ong the buffer strip. d, Shrubs shall be planted to form a continuous dense screen hedge. Th~ shrubs shallbe maintained to grow to their full natural height. shall be planted no closer than Entrance treatments. Parking area entrances and given special treatment siness district contain a both sides of clear siel~t ama. The si~lnature tree does not Contribute toward the requi~'ed number of perimeter trees. All trees must be standard~ and havea minimum clear trunk of six feet. and a concrete or mason[ shall ~ this e streets and alleys iess they are screening of Side where Sat ocal streets) ,nd Foundation shrub and be no farther centers, r be 9. Service areas and dumpsters: a. Durnpsters shall be placed on a concrete pad, of at least one hundred (1 (90) sc~uare feet. b. Service areas and dumpsters shall be screened from view by walls at ~least Six ~(6):feet high, landscaped with shrubs and/or vines. 10. Parking area lighting. Parking area~ lighting units shall be installed and shall be: a. Designed to provide at least an average of one (1) footcandle at ground level. Located to not reflect directly onto adjacent property. c. Indicated on the landscape plan, and specified on the drawings. d. Energy efficient, high pressure sodium. 11. Pedestrian lighting. Pedestrian lig~ing units shall be installed and shall be: a. Designed to provide at least an average of three-quarters footcandle at ground level. Located to not reflect directly onto adjacent property. c. Indicated on the landscape plan, and specified on the drawings. d. Energy efficient, metal halide. 12. Pedestrian walkways. Pedestrian walkways shall be installed, and shall be in accordance with the intent of the central business distdct design guidelines. 13. Extedor fumishings. Extedor furnishings to be installed, including seating, fountains, garbage receptacles, sculpture, bollards, drainage gratings and related items shall be indicated on the landscape plan and be specified on drawings. Curbs, wheel stops and stall marking. Curbs,,~vheet )n the landscape pla0 and be of-way, Or sh traffic Whena ddveway intersects a .pU. bli.c, dght- ~buts the intersection of two [2) public in a. and b. below feel above t in of preperty abutting the parking in landscaped Nurser~ me Plant materials shall be ~odda 'Grades & Standard,~'for ~, a~d shall a. Shade trees shall b~ at least twelve (12) feet high, with a seven-fo~t spread, a. three-inch cahper trunk diameter m~eeured six (6) ncl3~es above grade, and have six (6) feat of clear wood. b. Shade trees to meet the minimum requirements for par~ing areas ~atl be selected from the approved species list in the,central businessid~stdct design guidelines. c, :: Sha~ trees shall be installed to meet the following minimum requirements: Shall be planted in area with at least a (2) Shall be protected by an uprigt'~surb or wheel stop if within three (3) feet of a veh cular surface. (3) Center of tree trunk shall be in line with the center of line denoting edge of parking space if within three (3) feet of a parking space. 2. Trees. A si Yellew req high, with following species: trees, to meet the minimum shall be at least eight (8) feet and shall consist of the Wax Myrtle -Myrica cerifera Sea Grape -Coccoloba uvifera Bottle Brush -Callistemon dgidus 43. Shrubs: (a) Shrubs shall be at least three (3) gallon container, twenty-four (24) inches high, with an eighteen (18) inch spread, planted eighteen (18) inches on center (b) Shrubs to meet the minimum requ rements for screen hedges aqd F.E.C~ Railroad ~ffer. ....... Shrubs and.hed~s shell ~ a minimum, of ~enW4our {24) inchee in ~ight, ~eh~-fOUr {24) inches in spr~d and planted with tiuAoAiu s~cing measUred immediately after planting to ad~uatelv cover the` planted areas on the site and be sel~ct~ from the following sp~ies: suspensum 'Japanese Privet -Ligustrum japonicum Sandankwa Viburnum - Viburnum Coco Plum - Chrysobalanus species ~ Vines. Vines shall be atleast two (2) feet high, and shall be planted not morethan five (5) feet on centers. 6~. Ground cover. Ground cover shall be at least one- gallon container, with a twelve-inch spread, and shall be planted not more than twelve (i2)inCt~es on center. ' grass shall be St. Augustine turf 87. Additional r the minimum $ leucadendra Fichus ~ 10~. Native'vegetation. At least ninety (90) per cent of shade and small tree SpeCies inStalled shall be native vegetation. 11-I~. Mulch and ground cover other than living plantings. Planting beds and trees shall be mulched to a depth, of at le.~st .t~vo (2) inches. Mulch otherthan Cypress Shall be used and ma,nta~ned for (Ord~ N0.9'Z-26, § 1,r7--1'97) 12, ~k~reas (r?ention ponds excludinq city- operated) in aXceS~6f 5~b acrein~area shall :be Planted to Create a habitat that : and other as follows: t littoral um of I native tree per 50 feat of linear t minimum 3:1 installed with ~uit cOveraqe of littoral shelf areas. with these plan approved by the city at time of site plan approval or permittinq. Section 109. Reserved. ARTICLE II, LANDSCAPE CODE Section 1. Short title. This article shall be known and may be cited as the "Boynto~ Beach Landscape Code." Section'2~ Declaration of purposeand intent. and result Sectionr3. COnstruction of language anddefinitions. A. Ru es for cOnstruction of language~ The following rules of construction shall apply to tl~e text of thris article. 1. The particular shall control the general. 2. In case of any differences of meaning or implic~ tion between the text of th s cod· and any caption illustration, summary=table or illustrative table, the text shall control. 3. The word "shall~' is always mandatory and not discretionary. The word "may" is permissive. 4. Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. 5. A "building" or "structure" includes any part thereof. 6. The phrase "used for" includes "arranged for," 'designed for," "maintained for" or 'occupied for." 7. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. 8. Unless the context clearly indicates the COntrary, where a regulation invglves two (2) or more items, cond tic,ns, provis ohs or events C°r~ected by tl-ie conjunction "and" "or" or "eithe¢.. or.' the conjunct on shall be interprete~t as roi oWs: - a. "And" indicates that att the connected items, conditions, provisions' or events sha app Y, combination. the to the code of the 2. : Any ofth'e f shrubs pebbles, the row of time of planting. The hed,qe element shall be maintained at four (4},feet~ and the wall used in place of the hedqe shall be no less than three (3) elements. ,or Service ~f a )m any at a one 6. "Shrubs": Shrub Shall mean a bushy, woody plan~, usually with several permanent stems, and usually not over ten (10) feet high at its maturity. mature form. ., ¥ nes Plants whmh norma y require Support to reach certain yard areas and off- teas. of veh c es, 3ment to an "other imited to act v t es of a ddva- n nature such and dairy stores banks;'restaurants, new and used and the like, shall conform to the · except areas used for are 'A. - lnsta laflon: Al[landScaping shall be installed, in a,sound ordinances :department use or an Reuse provisions of this code. All perceived site siqna,qellandscape conflicts will be corrected durinq inspection process. 2. Maintenance oflandscape screen or barrier= Ail tress,must, not be.tr~mme~ nor sheared of. foha,qe planfin,qs includinq -- - · ' * .... durin,q the first .qroWinCl year~ and must be maintair~sc~to?corttinue the with I No. 1 or t I, 1963 r equal and noxious with growers ~program. rthan the Palms t of Shal[ minimum screens or All of the ( tree species Deemed as em include: O; they create ley have poor 3mblems to latJve are: :PUn~k Tree); sor natural inif, ormity. shall be a ' after and. be a 6. Ground cover. Ground covers, either vegetative or nonliving, used in whole orpresent a finished appearance ar~ reasona~31y ; within ~hree (3) months after Planting · they shall b~ nted in species ~ areas.may be other ,a ,q r=undcover providing an off-street other o~en lot use not less than such shall not be applicable one- parking least f'we 3toan feet. areas at trunk of at least five (5) feet, with the remaining area adequately landscaped with shrubs :lscaping matedat not to exceed shall areas plant more c dght- end of ~ the of the I side credit with be placed General for cluster and multifamily~ hous ng · required ,by O~er sections of the folloWiNg number of trees are required for open common areas. A minimum of one tree for each on ~sand five area. Trees credit against create a I in determining and (Ord. No. 96-57, § 2, 1-2' shall be the base lev.-! I feet~ or ninimal aesthetic. land colorful I at time of With ' ba and front on local streets), and a signature tree with a minimum of six (6) foot of ht area. ~abitat lake with these shall be limited to palm trees. Canopy trees shall be planted outside of easement so that roots and branches do not impact existinq utilitie~ unless apprOVed bythe Utilities Director and Consistent with plantin~ Pow Section 6. Landscape plan approval. permit pe r other water outlet ill other landscape and shall s hereof: There shall of the City Commission for shall be adopted Imved site plan shall be section 7;~ per~ormance, surety~ have been owner or plied bond or (110) A. Run to the City Commission. Bo Be in a form satisfactory and acceptable to the city man;ager Section 8. Applicability of _A. This article held to be of the ~ or B, Violation and penalties for non-compliance of required landscapinq (maintenance). For any and every violation of the provisions of this code, and for each and every day that such v o at on .continues sa d violation(s) sha be $250 per day unt I v olation is corrected by the property owner. ~ p".".!=h"b!c cc c mfc~cmc:.-.c.- ::,!th: ~.".c .-.ct tc c×ccc~ .~.vc h'-'.-.d:cJ bcth :'-'ch fi.".c and !m;d:c.".mcnt. Persons charged with such violation(s) may include: 1. The owner, agent, lessee, tenant, contractor or any other person using the land, building or i)remises where such violation has been committed or shall exist, or 2. Any person who knowingly commits, takes part or assists in such violation, or 3. Any person who maintains any land, bud ng or premises in which such violation shall exist. C. Other legal remedies. In addition to the criminal penalties and enforcement procedures provided; the City Commission may institute any lawful civil action or proceeding to prevent, restrain or abate: 1. The unlawful construction, erection, reconstruction, alteration, rehabilitation, expans on, maintenance or use of any building, structure or parking area, or 2. The occupancy and/or use of such building, structure or parking area, or 3. The illegal act, conduct, business of use of. in or about such premises. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meetin~ Dates [] July I g. 2000 [] August 1, 2000 Date Final Form Must be Turned in to City Clerk's Office JuIy 6, 2000 (5:00 p.ro.) July 19, 2000 (5:00 p.m.) Requested City Commissmn Meeting Dates [] September 19. 2000 [] October 4, 2000 [] August 15. 7,000 ,August 2 2000 (5:00 [] September 6, 2000 August 16,2000 (5:00 p.m~.) [] October 17 2000 [] November 8, 200~) XI-LEGAL ITEM A.3 Date Final Form Must be Turned in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.rm) October 5, 2000 (5:00 p.m.) October 15, 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] Ne~v Business [2] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Adoption oftheproposed ordinance. EXPLANATION: This ordinance implements a procedure for the issuance of a Notice of Intent when the City Commission has directed staff to consider a change to Land Development Regulations. Following the issuance of a Notice of Intent, development inconsistent with the contemplated cl~ange is placed on hold pending the outcome of the study. PROGRAM IMPACT: This ordinance would further hath the Comprehensive Plan and 20/20 RedeCelopment Plan by preventing projects that are inconsistent with, for example, the design and use recommendations of these plans in the interim period while said plans are being implemented through studies and codification of reg~iatians. FISCAL IMPACT: N/A ALTERNATIVES: Leave system as is. This alternative permits development activity to continue even though it may be inconsistent with a proposed land development regulation change. ~ Department Heed's Signature City Manager's Signature Deparunent Nam~ City Attorney / F' ce / H Re~urces SSBULLETIN~FORMS~AGENDA ITEM REQUEST FORM,DOC 1 3 4 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ORDINANCE O0- AN ORDINANCE OFTHE CITY COMMISSION OF A' CODE OF OF THE CITY OF CLE XI, WHEREAS, th~ City Of Boynto;i BeaCh Continues to review and, when deemed necessaryf ,modify, land development regulations consistent with~ the.ineed- to appropriately regulate development ~n the community in conformance with the City's adopted Comprehensive Plan and with emerging issues associated with development and redevelopment; and WHEREAS, such revisions may affect landowners, builders, developers; and similarly situated land related or building related parties'in the City of Boynton Beach; and WHEREAS_, while such revisions are normally required to obtain a recommendation from the Planning and Zoning Board and 9 10 12 13 14 15 16 17 18 2O 22 23 24 approval by the City Commission pursuant to State law and the Land Development Code of the City of Boynton Beach; both at public meetings or hearings, 'interested persons are not always noticed of such proposed changes early in the process so that they have an adequate Op~Dortunity tO provide input to the development of the regulatory change and adequate time to structure their development proposal to conform with the proposed regulatory changes; and WHEREAS. the City Commission believes that an improved and expanded notice requirement would benefit all interested parties; and WHEREAS, staff recommends that the "General Provisions" section of the Land Development Code of the Code of Ordinances of the City of Boynton Beach be revised to provide for a notice of intent of pending land development regulations which would provide an administrative procedure for the public and the affected parties to become aware of pending land development regulations which may effect proposed plans for development; and WHEREAS. such notice would allow affected parties the earliest opportunity to plan for the impact of new land development regulations on their projects; and WHEREAS,_ such notice would allow affected parties the maximum time to revise proposed developments to meet the new or emerging,land development regulatory requirements; and 2 3 5 8 9 12 13 14 15 16 19 20 21 23 2t 25 2g 27 28 29 3O 3l 32 WHEREAS, it is the intent of the City Commission that fo ow ng, issuance of a Notice of~ [nten~;- no application for deve, opmer~t act vity shaJ~ be issued, which s~ ncensi§tent with the regulations under consideration. W.HEREAS, ,the Ci/;y Commisston of,the City of Boynton to,provider a ~3otice. ef intent of pending land development regulations; now, therefore BE IT ORDAINED BY THE CITY COMMISSION. OF THE CiTY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS~ clauses are hereby ratified and, confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. That~Chapter 1, General Provisions, Article Xl of the Land Development Code of the Code of Ordinances ,o.f the City of Boynton BeaCh, is hereby created to be read as follows, Article Xl. Notice of Intent of pending development regulations. A. Statement of Intent. (1) The City from time to time will propose changes to the Land Development Code of the Code of Ordinances of the City of Boynton Beach. (2) The purpose of this section is to provide an administrative procedure for the pubtfc and the development commun'ity to be notified of such changes~ n and development, regulations Which may impact proposed plans for development w th n the Cityr of .Boynton Beach as early: in the Code revision 1 2 3 5 6 ? 8 9 10 ~.2 13 16 17 18 23 24 25 26 27 28 29 30 31 32 33 35 37 3~ process as possible to best ensure that affected parties do not unnecessarily expend time, money and resources on proposed development projects ,which wilt be subject to such land development regulations revisions. (3) It is further the purpose of this section to ensure that upon the issuance of the Notice Of ,l~tent, as hereinafter provided, no proposed land development project affected by a ',pendin9 officer, official, th~ City of for a site a master plan, occu ional date (1} Atr, the time authorizes, by t~udy, developmer~t, drafting or a land development regulation, a ; shall be issued. ~tent shall be deemed to be the mmissiom the Notice of f to address 2 3 , 4 5 8 3. O 11 ~.2 16 1'7 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 35 36 37 39 the City Commission in a public hearing format relative to a filed_ Notice of Intent. After the public hearing the City Commis~on by the ~ject matter Of 3ublic ~f the on ~dication pproval W(Suld apply. n the Development Hall. for development shall be the availability 1 2 3 4 5 6 7 8 9 t0 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 of notices in the Development Department, and by posting of tho Notice of Intent. To the extent that affected parties have comments, they shall be afforded th:e Opportunity to file written opinion or objections with the Development Director. (3) Neither the failure of the city to provide written notice nor the failure 'Of development to observe the notice, shall invalidate the applicability of this Ordinance to said app cant for Intent ibed 3n due from th~ be extended Commission stated in the Notice of withi expire · the city commiss on the Notice of Intent will Effect on Pending or Proposed Development Perm/ts {1 ) ,A Notice of Intent shall have no effect on any application site rezoning, or occupational license) pending for approval on September, 2000 or approved on or before. Septembe~ 19, 2000. (2) Except as provded in {1) above, no application for development act vity {a~ master plan, s te plan, rezoning, variance, 2 4 5 7 10 12 15 16 17 18 19 20 21 22 23 24 ~5 26 27 28 29 3O 31 32 33 building permit, or occupational license) shall be accepted for / the City following the issuance of a Notice of Intent pursuant t anco Jraftedor as ,- - H. Regulatio~s: SUb)ec~ to Notice o[ lntent. ntent nc/ude be. provided with acopy Section 3. Conf icting Ordinances All prior ordinances or resolutions, or parts thereof in conflict herewith are hereby repealed to. the extent of such conflict. SeCtion-. ~,' SeverabiliW. If any section, sentence, clause~ or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no ,way affect the validity of 1 2 5 7 8 9 i0 11 12 13 14 15 16 17 18 19 2O 21 22 23 2~ 25 26 the remaining portions of this Ordinance. Section 5. Inclusion in Code. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate wDrd or phrase in order to accomplish such intentions. Section 6. Effective Date. This Ordinance shall become effective upon adoption by the City Commission. PASSED FIRST READING THE DAY OF 2000. PASSED SECOND READING THE DAY OF ,2000. MAYOR ATTEST: CITY CLERK TO: FROM: DATED: RE: MEMORANDUM Honorable Mayor and City Commission ]ames A. Cher0f, City Attorney~_~J/~ September 28, 2000 PID Ordinance XZ-LEGAL ITEM B.1 At the last Commission meeting at the request of the Developer of Quantum Park, First Reading of revisions t-o the PID O~"d nance was tabled. Subsequent rn that meeting, two conferences were he d beb, veen cfty staff and representatives of the Developer. ! was in attendance at the first of those meetings. We have just received additiona! comments, at request for rev sons from fhp Developer.: There is 'nsuffident t me to review these -' ...... .... . requested changes, study ~ne~r mpact, ano redraft the. Ordinance before the October 4th CommIssIon' - meeting. I am fully aware of the developers' sense of urgency regarding their plans for the development and the Commission's desire to accommodate the devemopers expectations. Nonetheless, what has been proposed in Ordinance form, f adopted, represents a radical departure from ~he current procedures for Master Plar~ an(J Site Plan review. If it is worth doing, it is worth doing prc~perly. That takes time. Accordingly, I am requesting that She commission ~ble Eirst Reading of the Ordinance until the second meeting of October. cc: Kurt Bressner, City Manager Quintus Greene, Director Of Development Mike Rumpf, Director of Planning and Zoning Bernie Co'ko, ESq. via Facsimile [] July 18,2000 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR2 Date Final Form Must be Turned in to City Clerk'sOfllce July 6, 2000 (5:00 p.m.) July 19,2000 (5:00p. m.~ August 2, 2000 (5:00 p.m.) August 16, 2000 (5:00 p.m.) Requested City Commission Me~i~ Dates [] Septgmb~r 19,2000 [] October 4_ 2000 [] October 17.2000 [] November 8.2000 XI-LEGAL FIRST READING ITEM B,2 Date Final Form Must be Turned to City Clerk's Office Sepmmber 7, 2000 (5:00 p. rm) September 20, 2000 (5}00 p.m.1 October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.mj NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcemem [] Presentation RECOMMENDATION: Motion to adopt Ordinance No. amending Chapter 26- Water. Sewer and City Utilities by clarifying when initial billing begins on new services; defining the base facility charge; clarif;/ing how initial billing is calculated for mufti-family buildings; and, establishing a fee-in- lieu-of capital contributions for properties redeveloping within the Downtown Stormwater Improvement Watershed. EXPLANATION: This ordinance is designed to do two things. First, it has been written to clarify how our nitial billin~g is calCulated for new service. In essence, it clarifies that the billing for new serv ce will begin when either a sewer connection is made, or the water meter is set in place. In the past, our Code was a bit unclear on the issue of exactly when service begins, and therefore. when billing should also begin. This proposed ordinance makes a definitive statement about when billing will begin. The proposed ordinance also helps to further define what the base facility charge is and why we charge it. Secondly, this ordinance sets into place the voluntary fee for downtown businesses to tap into our Pond "B" stormwater retention system. When any new business starts up in the dowrttown area, or if an ex'sting business wants to expand its current operation, and there is a requirement, for them to store the r stormwater on their own site, they will now have the opportunity to send their stormwater to our Pond "B". rather than going to the expense of S:~BULLETFNWORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM providing their own storage on their own site. expand.ed use) stormwater into it to usl What this ( water d scharge. The rate that we will~ charge to 1 to put their (new or .~nd , storm engineer ng ca Culations. PROGRAM IMPACT: In the first instance,.this ordinance is a clarification of our existing policy on when billing is to begin for new services~ Them is no cost impact to the City from this portion of the proposed Ordinance. In the second instance, this ordinance establishes a rate for the voluntary collection of private downtown stormwater into our newly built Pond "B". This portion of the proposed Ordinance will result in the generation of revenues for the City Utility. FISCAL IMPACT: There:is, no fiscal mpact on the clarification of the ex!sting policy. The establishment Of the ALTERNATIVES: Failure to adopt this ordinance will result in continued confusion over the issue of when the Utility can begin to bill new customers. Failure to adopt the ordinance will also result in a missed opportunity to provide the community with an additional service (taking stormwater runnoff into a controlled System) as well as an, opportunity to generate some revenue to offset the cost of the construction of Pond~ B. Department H~d's~~ature City Manager's Signature UTILITIES Department Name City Attorney Finance / Human Resources ORDINANCE., ORDINANCE OF DF BOYNTON OF THE CODE OF OF THE CITY Of BOYNTON BEACH, ENTITLED "WATER, SEWER AND CITY UTILIZES", AMENDING SECTION 26-8.1 TO PROVIDE ~RCOMMENCEMENT DATE FOR UTILITY SERVICES ANDTO PROVIDEA DEFINITION OF BASE FACILITY SECTION SCHEDULE II (B) TO PROVIDE BUILDINGS IN. WHICH ~ BY ONE METER; BY THE DOWNTOWN .AND AN STORM WATER FOR 'CONFLICTS, that Chapter; and n of the City of City Utilities" upon recommendation of staff, the City CommiSsion has Jeterminer genera]' welfare to the citizens and residents'or, the City to provide the clarifications; and NOW, THEREFORE, BE :El' ORDAINED BY THE C~q'Y COMMISSION OF THE .'ITY OF Bo;fNTON BEACH~ FLOI~IIDA~ are true and correct and 26,8.1 is hereby amended by creating 1 se~er~ d~osits; acceunts, credits, termination and re- tho, FG, 1 initial billing periods of less than 30 days, the base be Rates charges based upon total water usage. Fo! (in lied sewer Section 4. subsection a new 2 (3) The "fee-in-lieu-of" capital contribution fo r ~ within the Downtown installed stormwater treah~ent and/or conveyanc,.. .facilities within that watershed, shall be levied ~. follows: ~forWater~-uali -- ~ $2.10 $0.18 Total Ca ital cost er im erviouc c ...... ----~- .-. - $2.28 for Section 5. That each and every other provision of Chapter 26 not- ereinbefore specifically amended shall remain in full force and effect as previously Section 6. All laws and ordinances applying to the City of Boyn~0n Beach in with any Provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any thereof be declared by a coudc of competent jurisdiction to be invalid, such shall not affect the remainder of this Ordinance. Section 8. Section 9. e. Authority is hereby given to codify this ordinance. This Ordinance shall become effective immediately upon FIRST READING this. day of ,2000. , FINAL READING AND PASSAGE this day of ,2000. CTTY OF BOYNTON BEACH, FLORZDA Clerk Rev.082900 amd Vice Mayo~. CommisSiORer CommiSsiOner Requested City Cormmss~on Meeting Dates [] July I8,2000 [] August 1. 2000 [] August 15. 2000 [] September 6. 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEM B.3 Date Final Form Must be Turned in to City Clerk's Office July 6, 2000 (5'00 p.m.) July 19. 2000 (5:00 p.m.) August 2. 2000 (5:00 p.m.) August 16, 2000 ~5:00p-ra0 [] Administrative [] Consent Agenda [] Public Heating [] Amxouueement Requested C!t~ Commission Date Final Form Mu, st l~e Turned Meeting Dates ~ in to City Clerk s Office [] September 19, 2000 September 7, 2000 (5:00 p.rc~) [] October 4, 2000 September 20, 2000 5:00 p.m.! [] October 17, 2000 October 5, 2000 (5:00 p.m.} [] NovemberS, 2000 October tS, 2000(5:00p.n~) [] Development Plans [] New Bus/ness [] Legal [] Unfinished BUsiness [] Presentation RECOMMENDATION: Ptease place ~this request on the October 4, 2000 City Comm/s~mn Agend~ under Legal, Ordinance First Reading. The Planning and Development BOard with a unanimous vote recommended approval (there are no condinons recommended by staffnor the Planning and Development Board) Fer further detmls p~rtammg to this request see attached Department of Development Memorandum No. PZ 00-280. EXPLANATION: PROJECT NAME: APPLICANT: DESCRIPTION; NIGItTCLUB$, BARS/LOUNGES AND RESTAURANTS City of Boynton Beach Request to amend the Land Development Regulations, Chapter 1, Article II. Defmiti,,ons, and corresponding district regulations to establish a definition and locations for "nightclubs , and to clarify the definition for, "restamants" and "bar or cockta/1 lounge". PROGR.~vI I1VIPACT: FISCAL IMPACT: N/A ALTERNATIVES: N/A T ' "~ty Manager's Signature Director of l~lan~ing ar~Z'~ning City Attorney Finance / Human Resources TO: FROM: DATE: SUBJECT: DEVELOPMENT DEPARTMENT MEMO RANDUM N0: PZ 00-280 REVISED Chairman and Members Planning-and Development Board ~ichalelc.W. Rumpf irect~r of Planning and Zoning Sep[ember 26, 2000 Nightclubs, Bars/Lounges & Restaurants - CDRV #00-013 (CEde r~vieW) staff is "ni~ resl occu~'nng requests for uses which are emphasis bn er~tertainment, dancing, provisions and io part cu ar, a c ~ i and locations for ges.; The by current ~red a re- due to their BACI(G ROUND The city s Land Developmen[ Regu ations cqrredtly pn irjd~ n0 def nifion or provisions/regu at ons for uses referred tq as nightclubs. The city, h~s (ecentl'~ ~een expenrnrmg more uses that are. more commonly referred to As ;'nightclubs", which .are uses [li~t emphasize emt~rtainment rather than just the sale ~f alcoAoIic beverages. Due to{he lade ~f a~- ~prop~:iate, defi~ftion ¢o,r this type of use, the city has been forced to classify said use~ as a "bar o- ~ock~a o~ng~' Which is the only general y comparable us~ defined by zoning re,g, Ulatio~s,. '.Fh6 Land Development RegbIations. Chap;ter 1. Article II, Defit~itions, currently define a bar Or cocktail 13tinge" ~s foli~wS: BAR OR COCKTAIL LOUNGE -An establishment which serves or includes the serving ef beer, wine or liquor to patrons other than in con./~nction with the serving of meals. According to Chapter 2. Zoning, bars and cocktail lounges are permitted uses in the C-3, C-4 and Central B~siness Distr ct (CBD) zoning d stricts Said uses are cond t cna uses in the C-3 and C-4 zoning districts if they are located within 600 feet Of a residential zoning district. A restaurant is currently defined as follows: RESTAURANT - A commercial use containing all necessary equipment and supplies for serving full course meals on a regular basis; however, any restaurant granted an alcoholic beverage, license must receive at least one-hall (1/2) of i~s gross proceeds from the s~e Of food and not alcoholic beverages. Additionally, no restaurant Shall be permitted to ~ell alcoholic beverages for off- premises consumption or to operate a package stere at the same location. Due to the differences between nightclubs and bars, which can involve operating hours, noise level, patronage and traffic, n!ghtclub uses warrant Specific provisions in zoning regulations to ensure proper processing and land use compatibility. - Page 2 Memorandum No. PZ 99-280 ANALYSIS The proposed amendment is simply to add a definition for "nightclubs", and delineate the appropriate locations for such uses within the city. Furthermore, to ensure that ail potential impacts are considerec and evaluated, an,d, considering the,;possible unanticipated impacts on surrounding land uses. suck uses would be conditional uses .,and requre special process ng including pubic notification. The following definition is proposed to be added to the Lane DevelOpment Regulations, Chaater 1 Article I1: NIGHTCLUB - ,zl restaurant, bar, lounge or similar establishment serving alcoholic beverages, that features dancing, theatrical, cabaret, or similar entertainment and/or electronically amplified music. This new use is proposed to be only a conditional use within the C-3, C-4 and CBD zoning districts. It should also be noted that conditional use is required regardless :of the d!stan .ce,or proximity tO an adjacen[ residential zoning distdcL Furthermore, such uses are not proposed to be allowed within the C-2 zoning district which are restricted to smaller businesses and are typically within close proximity to residential uses. The above-referenced changes to existing definitions for "restaurant" and "bar or cocktail lounge" are represented by ~the f~lloWing revised definitions: BAR OR COCKTAIL LOUNGE - An establishment devoted .primarily to the serving of beer, wine, or liquor, or any combination there'of, for on site consumption. The service of food shall be incidental tc the service of alcohofic beverages. RESTAURANT - An establishment with an on site commercial kitchen where food and drink are prepared and served, and are consumed primarily at tables on site. A restaurant may serve alco,5olic beVergges as a secondary activity. These two definitions are proposed to be amended to clarify the incidental relationship oetween sale of food and sa e of a cohol c beverages, and to require that restaurants t~ave on-site kitchens to clarify minimum design requirements and therefore Typical served. CONCLUSIONS/RECOMMENDATION The subject amendments are recommended by staff, due not only to past experiertces with nigt~tdub- type uses, but also in preparation for the possible increase in demand for such uses which is expected to accompany the ultimate increase in city-wide and downtown redevelopment. The other proposed changes are necessary, and specifically recommended, differentiating between a restaurant and bar/lounge. Therefore, staff recommends that these proposeo amendments to the Land Development Regulations Chapter 1. Definitions and Chapter 2. Zoning be apprdved. It should be noted that the subjec[ recommendations have been generated jointly with ~he City Attorney's OMce. MR Attachments ORDINANC AN ORDINANCE OF THE CITY OF BOYNTON B,E ~N~D DEVEEOPMF~N~ Ri c~IAPTER ~, ARTicLE I. SECTION 6.C:1.; CHAP" INCLUDE NI?HTCLUB; ~. E.: 1 B.;~ pROVE SEVERAB1LI~.. CODIFI( DATE. WHEREAS; staff has recommended an amendment to the C;ity-s zo[., [~ code to amend, certain sections of the Land Development Regulations' to clarify efinitions of Restaurant; Bar or Cocktai lounge, and Nightclubs; and of Boynton Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend the City's Land Development Regulations to clarify definitions; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ~tified and confirmed by the Cib/Commission. Section 2. That Chapter 1 General Provisions, Article II Definitions is hereby amended by adding the words and figures in underlined type, and by eleflng the words and figures in struck-through type, as follows: BAR OR COCKTAIL LOUNGE - an establishment ......................... ~ devoted primarily to the servinq of beer, wine, or liquor, or any combination thereof, for on site consumption. The service of food shall be incidental to the serv ce of alcoholic beverages. NIGHTCLUB - a restaurant, bar, ioun.qe or similar estabishment servinq alcoholic bevera.qes, that features dancing, theatrical, cabaret, or similar ntertainment and/or electronioally amplified music. RESTAURANT ^ ] to,..,, ~,.o ................................................. ......... ~. .......... ~. ....... ~, ..... ~ ........................... An establ shment ~/ith an on site commercial kitchen:where food and drink are.prepared and served, ~nd are consumed primarily at tables~ on site. A restaurant may serve alcoholic }evera.qes as a secondary activity. Section 3. That Chapter 2. Section 6.C.1. is hereby amended by adding :he words and figures in underlined type, 'as follows: 1. Uses permitted. Within any C-3 community commercial district, no ~uilding. structure, land or water shall be used except for one (1) or more of the :ollowing uses: ff. Ni.qhtclub* Section 4_. That Chapter 2. Section 6.D.1. is hereby amended by adding :he words and figures in underlined type, as follows: 1. Uses permitte& Within any C-4 general commercial district, no building ~tructure, land or water, shall be used, except for one (1) more of the following uses: k. Niqhtclub* Secfion 4. That Chapter 2. Section 6. E. 1.b. is hereby amended by adding :he words and figures in underlined type and by deleting the words and figures in ~truck-through type, as follows: 1. Permitted and conditional uses. Within the central business district, no ibuilding, structure, land, orwater, or portion thereof, .. establishments. the Land Development Sect[on 5. Each and every o4ber provision~ of Regulations not,herein,:speciflCally amended,~ shall remain in, full iforce, and: effect as 3dginally adopted. Section 6., Ail laws an(~ o!;dinances applying to, the;City of Boynton Beach n conflictwith any provisi0nsof this ordinance ale hereby repealed. Section¢7. _ ~Should arr,. Section or pre:vision, of this Or/dinance:o[any portion ihereo[ bec,dec!areal by a cou.tt,¢f ~@etent jUrisdiction..to.be in,valJ~; sUch decision shallnot' affect the: remainder of this Ordinance. Section 8. Authority is hereby given to Codify this Ordinance. Section 9. This Ordinance shalt~beceme, effective.immediately. FIRST READING this day of.September, 2000. SECOND, FINALREADINGAND PASSAGE this ' dayof September, 2000. Ni,qhtclub*, B_bars and cocktail lounges, exc uding adult entertainment CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tom Commissioner ATTEST: Commissioner 3ity Clerk DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00-280 REVISED TO: Chairman and Members Planning and Development Board FROM: Michael W. Rumpf Director of Planning and Zoning DATE: September 26, 2000 SUBJECT: Nightclubs, Bars/Lounges & Restaurants - CDRV #00-013 (Code review) NATURE OF REQUEST Staff is proposing to amend':the city's zoning regulations to establish a definitio, n and locations for "nightclubs~, and to improve its definitions .for "restaurants and "bars Or cocktail lounges. The pr(~30sed amendments.would create a new use~ nightclubs, Which are not addressed by current Zoning Regulations. Currently~ all uses which serve food and/or alcoh0t are either considered a restaurant ~r a bar regardless of other activities whiCh may be incidental to the subject use. The re- occulting requests for~uses which are more commonly referred to as "nightclubs", due to their emphasis on entertainn~ent dancing amplified musiC:, etc has indicated the cu,'rent need for such provisions and in particular, a. close review for site capadtY and the potential for off-site impacts. BACKGROUND The city's Land Dev,e,.[opment _R,,egulations. currently ~'evide no definition or provisions/regulations for uses referred to 'as' nigh!,_c~.bs. T?,,~ city has recentl~ ibeen experiencing more [~ses that are more commonly referred to as nightclubs, which are us~s!ithat emphasize entertainment rather than just the sale of alcoholic beverages. Due to the iack.°f an appropriate defi,n, ition for this type of use, the city has been forced to classify said uses as a bar dr ~C~cktail lounge which is the ~nly generally comparable use defined by zoning regulations. The Land DevelOpment Regulations Chapter 1 Article Il. Definitions, currently define a "bar or cocktail loUnge" as follows: BAR OR COCKTAIL LOUNGE - An establishment which serves or includes the serving of beer, wine or liquor to patrons other than in conjunction with the serving of meals. According to Chapter 2. Zoning, bars .and cocktail lounges are permitted uses in the C-3, C-4 and Central Business District (CBd) zon!ng districts. Said uses are conditional uses in the C-3 and C-4 zoning distric[s if they are located within 600 feet Of a residential ;zoning district. A restaurant is currentJy defined as follows: RESTAURANT - A commercial use containing alt necessary equipment and supplies for serving full course meais~ on a regular basis; however, any reStaUrant granted an alcoholic beverage license must receive at least Ohe-half (t/2~ of its gross proceeds from the sale of food and not alcoholic beve~ges. Additionally, no restaurant shall be permitted to.sell alcoholic beverages for off- premises consumption or to operate a package store at the same location. Due to the differences between nightclubs and bars wh ch can involve operating hours noise level patronage and traffic, nightclub uses warrant specific prowslons in zoning regulations to ensure proper processing and land use compatibility. Page 2 Memorandum No. PZ 99-280 ANALYSIS The proposed amendment is simply to add a definition for "nightclubs", and delineate the appropriate locations for such uses within the city. Furthermore to ensure that a potential impacts are considered and evaluated, and. considering the.possible unanticipated impacts on surrounding land t4ses, such uses would be:conditional uses and require §p~ec[al ,rpmcessJng including public notification: The follOWing definition is proposedl to be added to ~e Land Deyelopment' Regulationsl Chapter 1, Article I1: NIGHTCLUB - A restaurant, bar, lounge or similar establishment sen/lng alcoholic beverages~ that features dancing, theatrical. :Cabaret, or similar entertainment and/or electronically amplified music. Th s ,new use!,s propgs~d robe ~lya ~djt~ionat use~ ih, in the C-3, C:4~nd OBB:zoBing d.istdcts. It Should. a~o be n¢.e~t :that. corlditional us~i: iR requi[.e¢, regardle~,.S= o.f ,the ~tapca ~r prP~imit7 to !an 0-2 .zoning dis.triCt ~h~cb, am restricted ;[.d ~i!er.~¢~i.('fesSe~ arid.ar& ~picai£y ~ithi, Cl(~se pre×imi~ te residential ;uses. ~he ~bove-re~eranced.cbanges: to ex~st!ng,.defin~tiens for restauranf' and .bar or cocktail :lcunge are. represented by the following.reviSed ~efinitiO~s: BAR, OR COCKTAIL ,LOUNGE -,An establchment devoted ,primarily to the serving.of beer, :w[ne, or liquor, Or any combination therepf~ for on site consumption. TISe ser~2ice of food sl~afl be incidental to the service of alcoholic beverages, RESTAURANT - An establishmen~,vdth an on site commercial kitchen where foo~ and drink am prepared and served, and am consumed primarily at tables on site. A restaurant may,.serve alcoholic beverages as a secondary a~tivity. These two definitions ara pro.p, osed to be amended :to clarify the incidental relationship between sale Of food and sale of alcoholic beverages, and to require ti3at restaurants have on-site kitchens to clarify minimum design requirements ~nd therefore tyP cai served. CONCLUSlONS/RECOM MEN DATION The subject amendments ara recommended by staff, due not only to past experiences with nightclub- type uses, but also in preparation ,for the possible increase in demand for such Uses which is expected to accompany the ultimate ncreas~ in city-Wide and downtown radevelopment. The other proposed changes are necessary, and specifically recommended, differantiating between a restaurant and .bar/iounge. Therefor,e, staff recommehds that these proposed amendments to the Land Development Regulations Chapter 1. Definitions :and Chapter 2. Zoning be approved. It should be noted that the subject recommendations` have been generated jointly with the City Attorneys Office. MR Attachments CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn:Mufit be Tnmed Meefine Dates into Cit~ C~erk ~ Offic~ July 6,;2000 (5:00 n.rr0 Suly 19, 2000 ~5:00 p.m.) August2, 2000 t$:00p.m.) August 16, 2000 (5;00p.m.) [] July 18, 2900 [] August I, 2000 [] August 15, 2000 [] September6, 2000 Requested City Commission Meetin~ Dates [] September 19, 2000 [] October 4, 2000 [] October 17. 2000 [] November 8, 2000 XI. LEGAL B. 4 Date Final Form Must be Turned in to City Clerk's Office September 7. 2000 (5:00 p-m.) September 20, 2000 (5:00 p.m October 5, 2000 (5:00 p.mO October t8. 2000 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Publ/c Hearing [] Legai [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: Please place this request on the October 4, 2000 City Commission agenda under Legal, Ordinance First Reading. As you may fecal/, this ~equest was approved at the September 19, 2000 City Commiss/on meeting and subject to satisfying staffcomments prior to Second Reading. Staff recommends this request be approved EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: MARK DALY ABANDONMENT Burl Gentry, Gentry Engineering & Surveying, Inc. Mark Daly East Raikoad Avenue. south of SE 8t~ Avenue Request for abandomnent of that portion of East Railroad Avenue between S.E. 10~ Avenue and S.E. 8ih Avdnue. PROGRAM EVIPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~l~ir.[~o~"f'Deve~op~nent ~it~ Manager's S~gnamre Dkector o f Planning%~-d-Zoning City Attm'ney / Finance / Human Resources ORDINANCE NO.o,00- AN ORDTNANCE ( ~(~ a~pplicant, Bud GentrY, of Gent~y Engineering & Surveying, Inc,, .as :agent for Mark Daly, owner of the property, has requested abandonment of a porUon of .East Railroad Avenue,. between S.E; l0~ Avenue and S.E. 8~ Avenue; and ~,~=R~s, commenf:s have. been solidted from the appropriate City )epartments; and WHEREAS, public hearings have been held before the City's Planning and ;oning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said alley no longer ryes any useful purpose. NOW,. THEREFORE~ BE 1T ORDAINED BY THE-CITY COt4f4ISSION F THE CITY OF BOYNTON BEACH~ FLORIDA,. THAT: Section 1: The.City Commission of the City of Boynton Beach, Florida and through its Qb/ Commission does hereby abandon a portion of East ~,ailroad Avenue, between S.E. l0~ Avenue and S.E. 8m Avenue, and more 3articularly described in Exhibit "N'. Section 2. The Mayor and City Clerk are hereby authorized and directed ~o execute and deliver the attached Disclaimer and cause the same to be filed in ~he Public Records of Palm Beach County, Rorida. nd the same are hereby repealed. . Section 4. Should any section or provision of thIs ordinance, or portion ~ aph, sentence or word be declared by a co[Jrt of competent nvalid, such decision shall nOt affect the remainder of this .Section S. This ordinance shall FIRSTREADING this day of SECOND~ , FINAL READING AND 2000. , 2000. PASSAGE this day CITY OF BOYNTON BEACH, FLORIDA of Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Commissioner ' Clerk ~ Abandonment092600 EXHIBIT "A" DISCLAIMER 3each, Florida,. amunicipal,corporation,~ under the laws of the State of Florida, Ioes hereby: abandon and :disclaim a certain portion of .East Railroad Avenue, nore particularly described herein as, Exhibit ."A". IN WI"TNE$$ WHI~REOF, the duly authorized officers of the City of ~oynton Beach, Fl~da, have hereunto set-;their-hands and affixed the seal of the I~ity this day of October, 2000. CITY OF BOYNTON BEACH, FLOR[DA ~uzanne Kruse, City Clerk Gerald Bmening, Mayor TATE OF FLORIDA ) )SS: ~OUNTY OF PALM BEACM ) BEFORi~ MF., the undersigned authority, personally appeared GERALD ROENING amd SUZANN£ KRUSI~, Mayor and City Clerk respectively,, of the City ~f Boynton Beach, Florida, known to me to be the persons described in and who (ecuted the foregoing instrument, and acknowledged the execution, thereof to their free hand and deed as such officers, for the uses~ and purposes mentioned therein; that they afl, ced thereto the official seal of said corporation; ~d that said instrument.is the act and deed of said corporation. EXHIBIT "A" CITY OF [ OF THE FLORIDA PROJECT NAME: MAR~ DALY ABANDONMENT APPLICANT'S AGENT: N/A APPLICANT'S ADDRESS: 915 SE 3rd Street, Boynton Beach, FL 33~-35 DATE OF CITY COMMISSION PUBLIC HEARING: September 19, 2000 TYPE OF RELIEF SOUGHT: Street abandonment LOCAT ON OF PROPERTY: East Railroad Avenue DRAWING(S); SEE EXHIBIT"B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boy, nton Beach Florida appearing on th~ Consenf Agenda on the date ab~/e. The;C ty C0mm ssion here~by adoPts the findings arid ~ecommendati0n!0fffte Piannin~:and Deve 0pmer~t Board which BOard four{d as follows: OR X THIS MATTER came on to be heard before the C ty Commission c~f the City of Boynton ,Beach Fl~tida on the date of hearing stated abm/e. The City Commiss on haVing censidbred the relief sought by the app [cant and he~rd test mony from the apPlicant,, members (~f city administrative staff and the public finds as follows: Application for the relief sou,g_ht was made by. the Applicant in a manner consistent with the requirements of the City s Land Deveiop~ent Regu at OhS. The A~3plicant X HAS HAS NOT established by substant al competent evidence a basis for-the relief requested; The cond tions for development requested by the App icant, adm n strative staff, or suggested by t.h.e..public and suP.ported by.substant al competent evidence are as set forth on EXhibit C with notatiOh Included. ' The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately uoon issuance by the C ty C erk. All further development on the property sha bemade n accordance with the terms and conditions of this order. 7. Other ~,~ O' City Clerk -- ':'~//z '% O P,~O ~.,~',''~ J :\S H RDATA\Planning~S HARED\WP~ ROJ ECTS~,Iack Daty Vadanc~'~Mark DalyAba~ and info\CC 9-19-00 D O E~BIT "C" Cond/~roval Project name: Mark Daly street abandonment File number: ABAN 99-00I Reference ,.~.., ~NTS · ]INCLUDE ] REJECT PUBLIC wORKs Comments: None Comment~ 1'. A~2 foot UtilitTEasame"t along the vfesterly,fight-of-way X Comments: None POLICE X comments: None ENGINEERING DMSION X Comments: None BUILDING DIVISION X Comments: None PARKS AND RECREATION X Comments: None F ORE STER/ENVIRONtVlENTALIST X Comments: PLANNING AND ZONING 2. Record a 10 foot easement along the westerly fight-of-way satisfying X perpetual access requirements of Bell South..A. cce~s to said easement shall remain unobstructed unless otherwise approved by Bell South. 3. Recorded Unity of Title including aband°ned street Porti°n' X Mark Daly street abandonment ABAN 99-001 Page 2 of 2 INC DEPARTMENTS LUDE REJECT 4. Record a I2 foot utility easement along the weste right-of-way satisfying X Utilities Depa/tment requirements ~ ' yari ntage re n~ from abandonm 5. Obtain ance for minimum fro maini erlt.X 6. Obtain consent from the remaining property owners who access their X properties fz0m the remai~ning segment of SE, ya Street (between SE 8th Avenue and SE 10th Avenue) ADDITIONAL:PLANNFNG AND DEVELOPMENT BOARD CONDITIONS [ 7. NONE . X COMMISSION ADDITIONAL CITY CONDITIONS 8. T-~be-detel'iW~e d.~ ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commissiou Date Final Form Must be Turned Requested Cty Commission Meeting Dates into CiW Clerk's Office Meefiu~ Dat6s [] July 18, 2000 July 6, 2000 (5:00p.rm~ [] September 19, 2000 [] August L 2000 Julylg, 2000 (5:00p,m4 [] Octoberg, 2000 [] AugUst 15, 2000 August-2, 2O00 (5 06 p.m.). [] October 17~ 2000 [] Septernber 6, 2000 Augu~t [6, 2000 (5:00p.m3 [] November8.2000 NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Bids [] [] , -moun ment [] Xl. LEGAL B. 4 Date Final Form Must be Turned in to Civ, Clerk?s Office September 7, 2000 (5:00 p.m.) September 20. 2000 (5:00 p.m.) October 5, 2000 (5:00p.m.) October 18, 2000 (5:00 p.m.) Deyelopment Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the October 4, 2000 City Commission agenda under Legal, Ordinance First Reading. As you may recall, this request was approved at the September 19, 2000 City Cornrdiss~on meeting and subject to satisfying staff comments prior to Second Reading. Staff recommends this request be approved EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCPdPTION: MARK DALY ABANDONMENT Burl Gentry, Gentry Engineering & Surveying, Inc. Mark Daly East Railroad Avenue, south of SE 8t~ Avenue Request for abandonment of that porfiun of East Railroad Avenue between S.E. I0~ Avenue and S.E. 8~ Avenue. PROGRAM I2MPACT: N~ FISCAL IMPACT: N/A ALTERNATIVES: N/A ~lSir~o~ ~ eve~ophent Manager's S~gnamre Director of P]annin gr~h-d~Zoning City Attorney / Finance / Human Pdesources ORDINANCE NO. R00- AN ORDINANCE CITY COMMISSION OF THE CITY CLERK ' SAID ~plicant, Gentry Engineering & Surveying, Inc,,~as L~ent forMark Daly, owner of,th~property, has requested ~bandonment of a Portion ~f East Railroad; Avenue, between S.E. 10m Avenue ~nd s.E. 8m'Aveaue;:A~d .. : :~mentshave been s(~JiCJtecJ f~0m. the approprate City )epartments; and WHEREAS, public hearings have been held before the City's Planning and .~oning Board and theCity Commission O~ tl~. prqposed abandonment; and WHEREA~, based on the forego.ng information, the said alley no longer ~rves any useful purpose. NOW, THEREFORE, BE 1T ORDAINED BY THE CiTY COHHJSSI'ON F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida )y and through its City Commission does hereby abandon a portion of East ),ailroad Avenue, between S.E. 10m Avenue and S.E. 8m Avenue, and more )articularly described in Exhibit "A". Section 2.. The Mayor and City Clerk are hereby authorized and directed o execute and deliver the attached Disclaimer and cause the same to be filed in ~he Public Records of Palm Beach County, Florida; Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion lereof, any paragraph, sentence or word be declared by a court of competent urisdiction to be invalid, such decision shall not affect the remainder of this )rdinance. Section.. . 5.-~-. This ordinance shall become c:~rfective immediately, upon )assage. FIRST READZNG this day of , 2000. SECOND, F~rNAL READ~[NG AND PASSAGE this day of ,2000. c~q-Y OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner Commissioner City Clerk .~:ca\Ord'W, band\Daly Aband(mment09;'600 EXHIBIT "A" ~ haft of to the of Palm the north the westedy DISCLAIMER KNOW ALL t4EN BY THESE PRESENTS that the City of Boynton 3each. Flodda, a municipal corporation~ under the laws of the-State of Flodda, :loes hereby abandon and disclaim a certain portion of East Railroad Avenue, -nore particulaHy described herein as. Exhibit~."A''. ZNwI'rNESS WHEREOFr the= duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seat of the City this day of October, 2000. ~,TTEST: CITY OF BOYNTON BEACH, FLORIDA Suzanne Kruse, City Clerk Gerald Broening, Mayor STATE OF FLORIDA ) )SS: '~OUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared GERALD ,ROENING and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton Beach, Rorida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution, thereof to 3e their free hand and deed as such officers, for the uses and purposes ~entioned therein; that they affixed thereto the offidal seal of said corporation; ~nd that said insbument is the act and deed of said corporation. EXHIBIT "A" ~ recorded south half of to the of Palm westerly DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON ~BEACH, FLORIDA PROJECT NAME: MAR~( DALYABANDONMENT APPLICANT'S AGENT: NIA APPLICANT'S ADDRESS: 915 SE 3rd Street, Boynton Beach, FL 33435 ,DATE OF CITY COMMISSION PUBLIC HEARING: September 19, 2000 ~--';--'~ ..... TYPE OF RELIEF SOUGHT: Street abandonment ~ -~'~-~-. - ~ LOCATION OF PROPERTY: East Railroad Avenue DRAWING(S): SEE EXHIBIT '~B" ATTACHED HERETO THIS MATTER came before the City Comm ss on of the City of Boynton Beach, Florida appearing on th~ Consent Agenda on the date. above... The C ty Commiss on hereby adopts the find ngs and recommendat on of the P ann ng and Deve opment Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commissiori qf the City of B0ynton Beach, F!odda on the date of heanng stated above The City Commission havingconsidered 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 Deve opment Regu ations. 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 cond tions 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. Other Conditions of Avnroval. Project name: Mark Daly street abandonment File number: ABAN 99-001 1999. DEPARTMENTS PUBLIC WORKS · . - X Comments: None : Comment: 1. , & [g::~oo~ lJtitity Easement alon~ ttie Wesrerl,7,ri~ht-of-wa7.. FiRE Comments: None X POLICE ,:! ' Comments: None X ENGINEERING DMSION X Comments: None , BUILDING DIVISION X Comments: None PARKS AND RECREATION Comment~: None FORESTEPdENVIRON1V[ENTALtST Comments: None X PLANNING AND ZONING 2. Record s 10 foot easement along the westerly right-of-way satisfying X perpetual access requirements of Bel! South. Access to said easement shall . remain unobslvacted unless otherwise approved by Bell South. 3. Re~orded Unity of Title including abandoned street portion. X Mark Daty street abandonment ABAN 99-001 ?age 2 of 2 DEPARTMENTS INCLUDE I~REJECT 4. Record a 12 foot utility easement along the westerly right-of-way satisfying X Utilities Department requirements 5. Obtain variance for minimum frontage remaining from abandonment. X 6. Obtain consent from the remaining property owners who access their X properties from the remaining segment of SE 3~a Street (between SE 8th ~ Avenue end SE ~0th Avenue) ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 7.. NONE. X ADDITIONAL CITY COMMISSION CONDITIONS J;\SH RDATA'~PLANNIN G~ HARED\WPg°ROJ ECTS\MARK DALY VARIANCES&ARK DALY ABAN AND INFO\CC 9-19-00 COND. Of APPR.DOC~ CITY OF BOYNTO N BEACH AGENDA ITEM REQUEST FORM Requested City CommSssion Dam Final Form Must be Turned Requested Cit~ Commission Meeting Dates in to Ci~ Clerk's Office Meetina Dates [] July 18, 2000 July 6, 2000 (5:00 p.rm) [] September 19, 2000 [] August I. 2000 July 19, 2000 (5:00p.m.) [] October4, 2000 [] August 15, 2000 August 2, 2000 (5:00 p.m.) [] October 17, 2000 [] September6,2000 August16,2000 (5:00p.n'~) [] NovemberS, 2000 [] Adminisa'afive [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Bids [] [] Announcement [] Xl -LEGAL ITEM B.$ Date Final I~orm Must be Turned in to Citx Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m.) October 5, 2000 (5:00 p.m.) October 18, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMlgNDATION: Please place this request on the October 4, 2000 City Commission Agenda under Legal. Ordinance - First Reading. The Planning and Development Board with a unammous recommende6 that this request be denied. For further details pertaining to this request see attachedDepartmant of Development Memorandum No. PZ 00-248. EXPLANATION: PROJECT NAME: AGENT: APPLICANT: DESCRIPTION: GASOLINE ESTABLISHMENTS (on 12 acres or more) Todd Pressman Murphy's Oil U.S.A.. linc Request for amendment to Chapter 2, Section 11.L.3.a. to allow retail sale of gasoline or gasoline products to be permitted on parcels of land containing 12 acres or more, located within a 1,000 foot radius of an intersection, and fronting on a roadway of three lanes or more. PROGRAM IMPACT: N A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~l~irc'~tor bFDev~'pmekr M~ty Manager's S~gnarurc Director ofPlanning am~Zdning City Attorney / Finance / Human Resources DEVELOPMENT DEPARTMENT MEMOI~ANDUM NO. Pz 00-248 TO: , HROUGH: FROM: Chairman and Members Planning and Development Board ~Michael 'W. Rumpf72 L~irector Of Planning and Zo.ning Dick~ Hudson. Senior Plann~ DATE: August17.2000 SUBJECT: CODE BEVIEW CDRV 00-010) G~as~line Establ shments NATURE OF REQUEST Todd Pressman, agent for Murphy's Oil U. S. A.. Inc,, is requesting a change to the City's zoning regulations [o allow automotive service stations to be permitted on parcels O( 12 acres or more, located within a 1,000 (one thousand) foot radius of an inter, section, and fronting'on a road~vay of 3 lanes oh more, and meeting certain other conditions (see Exhibit "A' - ~tatement of reauest). The s~ecific iocation where this would first be aoplied is a leased outparcet adjacent to the Wal-Mart Supercenter on Old Boynton Roac west of Winchester Parkway (see Exhibit "B"-Location). BAC KG RO;UN D The City's Land Development Regulations Chapter 2, Seodo~ 11.L establishes development standards for commercial establishments engaged in. the Sale of gasoline or other motor fuels. Those standards State ' national crite-ia which require that all such facilities shall omy be located at intersections of two s~ree~s ,ring 4 (four) lanes each and that those roadways must be classified in the Boynton Beach Comprehensive Plan as either County Arterials State Arterials Local Collectors or Count:, Collectors (see Exhibit C-- Functional C assification of Roadways). Additional y; a maximum number of two (2) gas dispensing facilities shall be located at any one intersection and access driveways must be within one hundred ten (1;I0) feet of [he intersection. The minimum lot size for a gas dispensing facility is thirty thousand (30,000) sq dare feet. A NA LYS IS While the reauested action would affect properties citywide, the request is of such a specialized nature that it is difficult to separate it from the specific location where it would first be applied. The oarcel containing the Wal-Mart Supercenter has frontage on both Old Boynton Roae and Winchester Park Boulevard; however, the site does not include the property at the intersection of the two roadways. :The proposed site of the service station is a leased outparcel approximately eight hundred 'fifty (850) feet west of the intersection. While the sen/ice station would be adjacent to Old Boynton Road and highly visible, access to the facilky would be from roadways internal to the development, not directly from OIC Boynton Road. Old Boynton Road is c~assified as a "County Collector" roadway in the Boynton Beach Con-prehensive Plan. Winchester Park Boulevard is c~assified as a "City Collector". The lot size proposed for the service station is approximately twenty-four thousand four hundred ('24,400) square feet. Staff surveyed the area in proximity to the location of the request. The nearest ntersectior meeting the criteria for the location of automobile service stations is the intersection ~f Boynton Beach Boulevard and Congress Avenue. That intersection is within approximately 2.400 feet of the Wa -Mart Supercenter. There are three au(omotive Service statfons at ~nat intersection: one is a traditional service station providing minor repairs as will as fuel sales, and two that provide only fuel sales. Three additional service stations can be na within 1-½ miles. Page 2 CDRV 00-010 and CDRV 00-012 ~or comparison, staff surveyed oca governments to obtain their respective regulations. Two of the .=overnments. Palm Beach County and the City of Boca Raton. have intersection ~ocat~on reou~rements similar to those in the Boynton Beach zoning code. Pour of the governments require minimum distances seoarating citities. These vary from 300 feet Lo to 1.500 feet between stations. The City of Palm Beach Gardens has a ,50 foot minimum distance requirement between facilities. The distance 'nay be reduced if the stations are located: (1) at the intersection of two major state hCghways; (2) at ~nterseot OhS or ,unctions of 1-95: or (3) on opposite sides of a four-lane divided road where medians create 2 one-way streets travelling in opposite directions. Boca Ra~on: Intersection location requirements and list of the roadway ~ntersections where facility locations are allowed. Lake Worth: Locations limited to major roadway corridors, i.e. Dixie Highway & Lake Worth Road. no distance se~)aration reauirement. Greenacres: Minimum distance (1,500') seoaration reduirements. Full-service fuel stations limited to locations on two res.or thoroughfares. ~alm Beach County: "Major In ' " tersect~on location recJ~rements in addition to mit on [ne number alloweo at any intersection. RECOMMENDATION I! ~s staff s op[mon that the ex~sdng Iocat~ona cr terra serve to place gas d s ens n facilities wner a~¢ess is greatest. The criteria also serve Lo control the number of such facilities t~at could othe~,sC;Sl%~e~ a great number of locations along the roadways shown on the mac included as Exhibit C. For those ~easons. staff -ecommends denial of the request To amend the development standards 'for COMMERCIAL F;STABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLINE OR GASOLINE PRODUCTS found 'n ;_ apter 2. Section 1 1.L. It should also be noted that given the negative position of staff regarding additional Ideations for gas stations, staff d d not explore and evaluate the number of new si[es that would become eJilgible for gas stations under the proposed amendment. dbits HRDATA\PLANNING\HUDSON\CODE REVIEWS\SERVICESTATIONCDRV. DO C PRESSMAN & ASSOCIATES; INC, Governmental 'M NT OF REQUEST ~Pub cA,o ~ STATE E EXtqlBIT "A" TO C 7' oi-'B%-mon Beach FRO~ [: Todd Pressmanr//:'~ /./ DATE: July'IS, 2000 [ Text Amendment FAX ~IESIO Please accept the following verbage as a subminaI for the chanae ora small secuon of the Land DevelopmentCode. This would refer to sectionL, ~-Commercial Establishments Engaged in the Retail Sale of Gaso]ine or Gasoline Products". The thrust and hope is to recognize lesser impacting gasoline services, operated m conj unction with larger" parent" tracks, be permitted away from intersections. It is hoped to separate out these lesser involved uses: "3fa)(4', An excepriop~ is permitted within a 1.000' radius of an intersection ~vith three (3) lanes wide for an AutOmotive Service Station_ in which that Automotive Service Station exists in conjuncuon to a Iarger parcel of land ~eater than 12 acres by land lease and by vehicular circulation through a granted easement(s)" Thank you for .,,'our consideration. I am happy to discuss any other inpu~ or changes that you might be concerned w/th. 28870USH~gnwavlgN - Suite,e300 - Cie,cf,Ca,er, FL33761 Phone 727-726-VOTE[8683] · Fox 727-669-81t4 · Ce/l -27-8C4-1760 · E-mo~hores~nc~ao~com LOCATION MAP EXHIBIT"B" .%, C EXHIBIT "C" L ¢ - ~ ~LHK~ ~ ,~- -~ ~u,U~ FUNCTiOnAL gLASS~F~AT~ (~EVi~ED) Rev. 6''~ 92 - Ord. 0~2-!6 F N. ?.S. May, 1989 SOURCE: Wafter H. Keller Jr., fac. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL: ITEM Requested City Comm/ssion Date Final Form Must be Turned Requested City Corranission Meeti~ Dates in to CiW Clerk's Office Meetin~ Dates [] July 18, 2000 July 6, 2000 (5:00 p.m.) [] September 19, 2000 [] August I. 2000 July 19,2000 (5:00p.m.) [] October4 2000 [] Augusl 15, 2000 August 2, 2000 (5:00 p m.) [] October 17, 2000 [] September 6, 2000 August 16~ 2000 (5:00 p.m.) [] November 8, 2000 [] Adminisa'ative [] NATURE OF [] Consent Agenda [] AGENDA ITEM [] Public Hearing [] [] Announcement [] Date Final Form M _u.s_t be Turned in to City Clerk s Office September 7, 2000 (5:00 p.m.) September20. 2000 ~,5:00 p.m.) Octobe~ 5. 2000 (5:00 October [8~ 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place th/s request on the October 4, 2000 City Commission Agenda under Legal, Ordinance First Reading. The Planning and Development Board, with a 4-2 vote, recommended ~pproval (there ere no conditions recommended by staff nor the Planinno and Develo,-m~ r~,_,~ ~,~,. ~,,-~h ~ - · - ~ attached Department of Development Memorandum No. PZ 00-274. Please note that staff recommends that this code amendment also include the codification of maximum lighting and baffling standerds as generated from a 1997 workshop and study. These final recommendations, as documented in the memorandum No. PZ 98-221, were never cod/fled. EXPLANATION: PROJECT NAME: AGENT: APPLICANT: DESCRIFrlON; GASOLINE ESTABLISHMENTS (Planned Commercial Developments) Roscoe L. Biby, Kkntey-Hom & Associates, Inc B$'s Wholesale Club Request to amend Chapter 2, Section t 1.L to allow automobile fueling facilities as ancillary uses in Planned Commercial Developments of ten (10. acres or more, and approved as conditional uses under separate development stander& and locatienal criteria. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TE RNA TIVESt N/A VD ir ~c't o~ o FD~'v~ 1 ~'~tent Director of Planning al~d/ng ~ "f2ity Manager's Signature City Attorney / Finance / Human Resources ORDINANCE NO~ O 00- AN E AMENDING LAND [ REGULA~ONS, CHAPTER 2, ~ DATE. WHEREAS; staff;.has: recommended a~ amendment to .the City's zoning ]: regulations to be modified to a low. gas sales ancillary to a use'~in a PCD, subject to minimum acreage and other sitestandards; WHEREAS, upon recommendation of staff, the City Commission of the Boynton Beach has deemed it to be in the best interests of the citizens residents of the Oty of Boynton Beach to amend Chapter 2, Zoning, Section L. C0mmercia/ Establishments Engaged in the Retail Sale of Gasoline and to allow the regulations to be modified to allow gas sales to a principle use in a PCD, subjectto minimUm acreage and other site NOW THEREFOREi BE XT ORDA/NED BY THE CITY COIqI~I[SSt'ON CITY OF BOYNTON BEACH, FLOR/DAr THAT: Section ~.. The foregoing whereas clauses are true and correct and are ratified and confirmed by the Cib/Commission. Section 2. That Chapter 2. Zoning, Section 11. L. COMMERC[AL ENGAGED INTHE RETAIL SALE OF GA.SOL[NE OR GASOLINE · is hereby amended by adding the words and figures in underlined by deleting the words and figures in struck-through type, as follows: 1. Purpose. The purpose of these regulations is to establish development standards for corn mercial establishment~ which ~ngage in the sale of gasoline, or other motor fuels. These regulations .... 2,Definitions. For the purpose of this ordinance, the following ~definiUons shall apply: Ancillary Building or Structure. A buildinq or structure incidental~ to, subord~na[_e :o and subservient to the principal building or structure located on the premises. ~ncillary Use. A use incidental to, subordinate to and subserv entl to the pr ncipal ~ises ~utomotive service station. The use of a building.,. llstabhshments except those described under Subsect on 4 of,this ~,~. i~ ~. .3.. Development standards which apply to all qasoline dispensinn ~low: ..... ~" ' . Location III I t ' ( ) All gasohne dispensing establishments .not determined to .be ancillary shal ~~ be located only at l~he intersection roads as designated in the Boynton Beach /l~prehensive Plan: _. Il) Front - 35 feet ['2) Side - 20 feet feet a No cano ¥ shall,be lornf~d ess than twenty (20) feet () P - from any property line. (b) No qasoline :pump island shall be located less than thirty (30) ~eet fr0m any property ine. (c) The entrance To, a,building W~herein .motor ~vehicles are ~vashed bY a ~hanical'~ea~s shall lbo 16~at~ a minimum distance~6f se~n~;fi~e (75)'~ee~ f~m ~h~ S~r~et lihes to provide an 0ff:S~eet' 'ar~ o~ wai~iflq ,~ehi~es.~ ~r' Washes shall] (d) No gasoline pump s and or canopy shall be 'located less than ~two' hur~d~ed (200) feet from afly ,publi, C riqht uf way. · (e~ No qaso ine d spensinq establishment shall be.located within twb hundred (200) feet from a residential .strUcture. DistanCes for the pul:pose of this Subsechon stiall be measured from the closest qasoline pump island or canopy of the qas01ine :dispensing. eStablishment to the closest bou~dar~ Wall of the residential Structure. b. Buffers Except for permitted dri andscaped buffer shall be located around tt gaso ne dispensinq establishment` is! t0cat{ portion of the property ~on WHich the Qasolin from a residentially Zoried property, the b~ concrete wa landscaped on the,exter;ior Sk thirty-six (36) inches :hiqh and' plar!{e~l of plantinq; trees te.n. (10)~ to every fortv (40) feet; and 'qr0undcovgr; V of the property on which the qas01ine disl :)thOr commercial property the bUffer shall wall.: Landscaoin~ shall be,;c0nti~ubu§ly me ~eway .opening~ at .portion of ~ when the ~-d Pensinq es' frei shall conta .~] ~ a contindd, ur (24)i eel in ~heiqht ~ Aei the ~n~ ~q es~bliS~ ~0t ~ r~uire( , a five (5)foot wide e:parcei o~ which thu buffe~ seParateS thu abiishment is located n:a six (6)foot hiqh iS hedq,,e no less tha,, ~es on:~enter at time Eh thr~e-inch caliper s~para[es the po~ti0. ~ent i~ lo~ated fro., to con~ain'a c0ncretu L. The wall stla Ibe kept,in qood repair and appearance at ail times. 2. Openin, gs with qates may be allowed where deemed appropriate by the Oty C~ommission. c. Desi n Criteria. 1. All gasoline disoensino eStablishments defined as ancillary to a pnnopal tenant of a planned 'commercial diStrict, shall conform I,, desiqn to the approved design plan of the pdncipat tenan~ 2. No gasoline dispensinq establishments defined as ancillary t~ a principal tenant shall be permitted to advertiSe product pricinq o. _.the site sign identifyinq the primary tenant or occupant, 3; All qasoline dispensing establishments defined as ancillary t~ a principal tenant of a planned commercial distd~:t shall not install exterior site lighting which exceeds photomeizic levels of 60~fool .candles averaqe maintained. _cl. Conditional Use. Gasoline dispensinq establishments defined as anc ary to a principal tenant of a planned commercial district are hereby desiqnated as a conditional use as that term is defined in Section e. Distance Separation Requirements No qasoine dispensing establishment shall be located: within bvo hundred (200) lini~al feet fr0m,~ residential structure. Distances for the purpose of this SUbsection shall b,. measured from the closest qasoline pump siand or canopy of th~ gasoline dispensinq establishment to the closest boundary wall'.of thu residential structure. Section 5, Each and every other provision of the Land Development not herein specifically amended, shall remain in full Force and effect originally adopted. Section 6. All laws and ordinances applying to the City of Boynton in conflict with any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision, of this Ordinance or any by a court of competent jurisdiction to be invalid, lot affect the remainder of this Ordinance. Section 8. Authority is hereby given to codify this Ordinance. Section 9. This Ordinance shall become effective immediately. F][RST READ]rNG this day of October, 2000. SECOND~ FINAL READING AND PASSAGE this day of ]ctober, 2000. CiTY OF BOYNTON BEACH, FLOR~I~DA J; Mayor Vice Mayor : lVla~/or:Pm~em CommiSSioner A'FFEST: Commissioner City Clerk ~:ca\ord~a, mend I.DR - Gasoline Establishments = PCD092700 DEVELOPbIENT DEPARTMENT PLAN~'ING AND ZONING DIVISION MEMORANDUM NO, PZ 00-274 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael W. Rump~' Director of Planning :ind Zoning Dick Hudson/'/(~T ~--'~ Senior Planner September 19. 2000 CODE REVIEW (CDRV 00-012) Gasoline Estal~lishments (Planned Commercial Developments) NATURE OF REQUEST Roscoe L. B/by of Kimely-Hom & Assocmres, Inc. acting as agent for BJ's Wholesale Club is requesting an amendment to the City's Land Developmem Regulations to allow automobile fueling facilities operated as ancillary uses in Planned Commercial Dev~Iopments of ten (10 acres or more be permitted ro 'develol: as condit~onaI uses ander separate development standards and Iocational crker/a than those currendy applied to automotive service stations (see Exhibit "A" - statement of request). BACKGROUND The City's Land Development Regulations Chapter 2, Section I I.L establishes develoamenc standards for commercial establishments engaged in the sale of gasoiine or other motor fuelS. ~hose standards include locationaI criter/a which require that all such facilities be located only ar intersections of two streets having 4 (four) lanes each, and that :those roadways must be :lassifie~ in the Boynton Beach Comprehensive Plan as either County A~terials, State ArXerials, Local Collectors or Cmknty Collectors (see Exhibit B~- Functional Classification of Roadways)' Additionally, a maximum rmm, ber of t~vo 2 gas dispensing facilities Shall be located at any one int~rse'ot/on and access driveways must be within o(~ hundred ten (1 I0)feet of the intersection.. Minimum lot Sizeis th/try thousand (30,000)square feet. ANALYSIS While the requested amendment would affect properties citywide, the request is of such a specialized nature that it warrants using the planned location as a fo, cu~ of the analysis. The site of the proposed BJ's Wholesale Club is located southwest Of the "T' inte~sect;~--~ ~c = ...... ~,_ ...... Winchester Park Boulevard just west of the U.S. Post' o~'fice. The land is zoned Ptarm~ Commercial Developmen~ (PCD). The service station: which ~s proposed as ancillary co the pr/mary use, ~s to be located toward the cemer of the property and will not be highly vis/hie from Boynton Beach Boulevard. Boymon Beach Boulevard is classified as a "State Mimsr Arterial" roadway in the Boynton Beach Comprehensive Plan. Winchester Park Boulevard is class/fled "City Collector". Staff surveyed the area in prommity co the location of the request. The nearest intersection rneedng the presem crirer/a ~br the location of auromobile sen'ice stations, the intersection of Boynton Beach Boulevard. and Con~ess. Avenue. ~s within approximarely 1,200 feet of the site. There are three auromouve service stations ar that mtersecuon; one is a traditional servcce station providing minor repairs as well as fuel sales, and ~.vo thac provide fuel sates only. At the intersection of Knuth Road~and Page 2 of 2 CDRV 00-012 Boynton Beach Boulevard, 1.200 feet ~vest of the proposed location, is another gas station, additional service stanons are found w~thin I45 miles. local primary usc location requirements for automotive service statlO Four of the governments require minimum dist'ances 1 500 feet. The City of Palm Bea¢h Gardens requires a [~ The distance may be reduced if the stat OhS are located: (I) at h ~,hwa¥'s' ('~'~ at intersections or junctions of 1-95; where medians create 2 one-way streets travelhr!g m ~ Boca Raton: Three ~lanons. None of the [a~ to a have intersection code up to road Interseunon location requiremems and a list of the specific roadway intersections where facilities are allowed to locate. Lake Worth: Greenacres: Locations limited to major roadway corridors, i.e. Dixie Highv,'ay & Lake Worth Road. Minimum dNtanoe (1,500 feet) separatmn re~-.firements; Full- service fuel stanons limited to locations on two majo~ thoroughfares. Palm Beach County: "Major Intersection" location requirements m addition to limit on the numb;er allowed at any mtersecnon. RECOMMENq)_ ATION It ~s staff's opinion that the existing locational criteria serve to place independent gas dispensing facilities where customer access is greatest. The criteria also serve tc control the total number of such uses. and the opportunity, cost of such uses if left unregulated (the cost represented by the land not being available for other desirable and less available uses). Staff also recognizes the special nature of a gas dispensing facility that is operated by, and is ancillary to, the pri~ncipat commercial use in a Planned Commercial Development. In such circumstances, a gas station, would notbe the major attractor, would not further dominate land use preventing other less available uses from.developing~ and would allow within the city a relatively, new form of commercial establishment. As such. ir serves to provide some de~ee ofinternaI capture of traffic that would other~vise add another trip to the roadway net~v0rk. Therefore, staff recommends that the subject request be approved, allo~vmg the regulations to be modified to allow gas sales ancillary to a principle use in a PCD. subject to minimum acreage and other site standards as indicated in Exhibit "B" (proposed amendments shov,'n underlined). Enclosures Kimley-~orn and Assoc~a[es. Inc. EXHIBIT A August 25, 2000 RevLyed rlu~u.W 30. 20~ 047224002 Facsimile 56//37.Y-dOP(? Mr. Michael Rumpf' Planning and Zoning Director City of Boynton Beach 100 E. Boynton Beach Bou]cvard Boynton Beach, FL 33435 RE: BJ's Whoicgale Club Request for Text Allnendntenr Dear Michael: This letter w II serve as our request for a :ext antendment to Section L - CommercmI Establishments Engaged in the Reta~l' Sale o~ Gaso' me ~r ~',Jasoime Products. as stated ia the City' of Boynton Beach Zoning Code. I have been retained by Bf's Wholesale Club to assist them w~th the deveIopment ora store located on Boynton Beach Boulevard west of Con.ess Avemte. BJ's Wholesale Club consists ora lO$,532-square foot store and a detached fuelin~z £aciIity consisting ora 72-square z'eet kiosk and metre (I2) fueling stations. ;l'he l'ueling faciliw p 'ovides Bl's Wholesale members the convemence of purchasing fuel ar membership pr cos and is an essennal part of their retail bus/ness, and such facili .W is available to non-members at hiaher fact prices. Section L of the zoning code defines speci.qc reqmrements ~br stand alone commercial establishments which engage in the sale o fgasoIine, pnmamy related to quantity, size, and Iocaaon of said f~.cilities at any one major intersection. Th!s sect/on of the code would prohibit BJ's Wholesale t'rom developfng and conducting an essentm! part of then' business. We therefore request a text amendment that would provide some flexibihty in the code to alloxv a retailer who also sells gasoline to develop a furling ~hcilit¥ wlrhm the larger commercial development. The proposed text amendment alIow~ me City Commission to maintain approval rights through the conditional use entitlement process. propose the t'oHow[ng text amendment to Section L ~~'~ Kimley-~orn ~,r_'~ anc~Associetes. '~c Ancillar'¢Usc. Auseincide taro. subordbmte m and subservient to the princ pal usc of the premises. a. ncillarv B~ ilding or Strocture. A building m' structnre incidental to, subordinat~ to anil subservient to a principal buildlug or strocture located on the premises. 3. Dev'etopment Standards., . t Add Pat'a gr~tl3 h Except for t rose gasoline dispe ~sing establishments describec in Paragrat)h B oi' th'is Section 3. tl~e it'ollowinz shall be annticable: No ch~u~ge to st~bpat'ag/-aph~ (c~) t/u'ouxh ([).. (b) ...... (c) ...... (d) ...... (e) ..... (g) ...... (h) ..... (i) ...... B. As to all gasoline dispensing establishments that are an ancillary use located or opera,ed in or from an ancillary building or structnre within a parcel or land ol' not less than ten (10) acres withiu a"planned commercial district'~ governed by Section 6.F. of the City of Boynton Beach Zoning Code. and which gasoline dispensing establishment is owned and'operated by the person(s) or entity(s~ that owns and operates theprincipal use located on such parcel o'f land: and (ii) do not meet all of the requirements setJ'or-'Tfi'e under Paragraph A of this Section 3, the following shall be applicable: Setbacks. Setback requirements Shall apply to all structures on the portion of tt~ e property on which the gasoline dispensin~ g establishment is ~ocated, including the primary structure ibr the gasoline dispensing establishment, or any storage/hcili¢.e~. (13 Front-35 feet. (2) Side- 20 feet. (3) Rear- 20 feet. (4~, Other: Kimley-Horn a~d,&ssocfa~es No canopy shall ~e located less dmn rwe~tty (201 feet/Yom any properly line. No gasoline pump island shall,be located less than thirty (30) feet/'rom any property line. (c) The eurrance to a building wherein motor veidcles are washed by a mechanical me~ns shah be located a minimnm distance or'seventy-five (75)/~et/~om die street lines to pro~Sde ~h oftc street are~ ~fwaiting vehicles. C~r washes sba!! be a permitted accesffovy use at gasoline dispensingestabli~hments. Car washes slmll: 1.. be t~llyauroma~dc: 2. recycle all water used in the car washing process. (d) Nc gasoline pump island or cmmpy sbal! be located less than 200 feet from any public right of Buffers. Except/'or permitted driveway openings, a the-foot wide landscaped buffer shall be located'around that portion of the parcel on which the gasoline dispensing establish~nent is located. When the buffer separates the portion ofthtl properD' on which the gasoline dispensing establishmmtt is located from a resident/ally zoned property, the butler shall contain a six-foot concrete wall landscaped on the exterior side by a continuous hedge no less than thirty-six (36) ir~ches blah a,n~ planted twenty-tbur (24)inches o.n ~enter at time of p ntins; trees ten (10) to/ii'teen (15) feet ih height with three-inch caliper every forty (40, feet: and groundcove~. Vv'hen the buffer separates die portion of the property on which the gasoline dispensing establishment is located frbm other commercial property, the buffer shall nor be required to contain a concrete wall. Landscaping shall be continuoush, maintained. I. the wall shall be kept in good repair and appearance ar ail times. 2. Openings with gates nlay be allowed where deemed appropriate by tile City Commission. c. Design Criteria. Kimley-Horn and Assocates nc. (1 All gasoline dispensing establishments located on tile -rooerP, ¢iesi,~atet~ ~t-i~arco s to §ilopl)ing centers . business centers, o',r othgr plauned,commgrciat developmedts shall conform in design to tile approved desiqn p an at t ~e prifi~ipM cente~', Gasoiine dispensing establishm~mts shali c6ntbrm to tile community design plan. (2) All gasoline;db;tensing e~t/~blishmenrs stroll not be p~ermitted fo a~t,)el~isd p~:0duct pricing 0n the sit~ sign identi-fving fim,prin~/ir¥ tenant or occupant. (3) Alt ~asoline dispe!ksi!ig establisliments shrill not install ex~er~or;.s, itelightif~g;;~vhlch exceeds ph°t°metrlc levels of 60-t'o6t treadles a,,drage maintained. do ConditionatUse. Gaso[i.ne dispensing establishments are hereby; de~ign~ted as a.&onditional use as that term is defined in Section tl.2. Distance Separation Requirements. No gasoline dispensing establishinentishali be 10flared within m'o hundred (200) lineal feet fro~ a residential structure. Distances for the purpose of this subsecti:on shall be measured from the closest ~asoline pump island or canopy of the gasoline dispensing stablishmentito the cl6se~t bot'mddrv ,*'all 0f the residential Please review this request with 3 our sraffand the City attorney and advise of the adequacy oftheproFosedtextamendment. If this meets your approvalplease substitute this request with the prev/ously submitted test amendment request. Your continued cooperation regarding this project is greatly appreciated. Sincerely, RN AaWD ASSOCIATES. Roscoe L. Bibv. P.E. ~ Principal :~P'E' CC: Peter Hoplev I'Tu Focximi& 505'd51-622~ Mark I-Iebert 508,651-6228 Joe[ Kopelman 954/983-7021 Joe Lelonek 561/475-5012 EXHIBIT B COMMERCLA[ ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF GASOLi?4E OR GASOLINE PRODUCTS. .~ Purpose, The purpose of these regulations is to establish development standards for commercial establishments which engage in the sale ~f gasoline, or other motor fuels. These reg~dations are intended to cover businesses of any type, including convenience stores and autom ~tive service stations. The development standards established by this section would overlay the development cr/ter/a stated in the zoning distr/ct in which these uses are allowed. Businesses, which engage ih the sale of gasoline or other motor fuels; shall require conditional use approval. Definitions. For the purpose of this ordinance, the following definitions shall apply: ,4ncillarv t~uz'ldin~, or Structure. A buildin*_ or srrttcture incidental to. subordinate to and subservient to the pr/ncipaI buildin~ or structure located on the premises. ,4ncillar~, Use. A USe incidental to. subordinate ro and subservient ro the principal use of the premises. Automotive service station. The use ora building or other structure, on a lot ar parcel of land which includes any retail sate of gasoI~ne or other motor fuels. Convenience swre. Anyplace of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline and services. T ' , he term convemence szore does not include a store which is solely or pr/madly a restaurant. Gasoline dislre~tsing establishments. Any commerciaI emerpr/se, including automotive service stations and convenience stores, which engage in the Sale of gasoline or other motor fuels to the public. Grade separated intersections. Use of'the term grade separated intersections shall mean any Intersection wherein one road passes over another road by means ora bridge or an overpass. Development.standards which anplv to ail easoline dispensino esrablishmenrs except those described under Subsection 4 at'this Section L. below. a. Location. (I) All gasoline dispensing establishments not determined to be ancillary uses as described in Subsection 4. below, shall be located only at the intersection o f any combination of the fo lo~ving roads as designated in the Boyaton Beach Comprehensive Plan: County arterial State arterial. Local collector, or County collector. ~T) Crasoli~e di~perising establishment shall only be located at any inte~edtion~ consist.ihg Of roads of£our (4) lanes or wider. (3) The maxlmum number of;gasoline dispensmg ektablishments located at ~ny intergecnon shall be two (2 ,. Gasoline dispensing'estabtishments shall only be located at diagonaI comers ofl3ermi~sible intersectionS. Minimum plot size: thirty rhousan4(30,000) square feet. Minimum street frontage: one hundred seventy-five (175) feet on each frontage measured from the ntersecting fight-of-way lines of the public streets. Driveways (1) No driveway shall be located Iess than one hundred ten (110) feet from the intersecting right-of~~vay lines of public streets. (2) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width. (3) Drivewaus. shall not be located less than thirty (30) feet from any inter/or property line. (4) Drive~vays will be limited to one (I) per street frontage. e. Setbacks. Setback requirements shall apply to alt structures on the property including the primary structure, or any accessory structures such as car washes or above-ground storage facilities. (I) Front-- 35 feet. (2) Side--- 20 feet. (3) Rear--- 20 feet. (4) Other: (a) No canopy shall be located less than twenty (20) feet from any property line. (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (c) The entrance to a building wherein motor vehicles are washed by mechanical means shall be located a minimum distance o f seventy.five 175) feet from the street lines m provide an off-street area of;vaitmg vehicles. Car w'ashes shall be a permitted accessory use at gasoline di{pensing establishments. Car washes shalk 1 2. be fully automatic: recycle ail ~¢ater used in the car :vashing pyocess f- Buffers. (i) A ten-foot ~vid street frontage (i0) to fifteen three-inch cali twenty-four (2 center at time, (2) Interior proper =I - an~scape:.; buffer shall be located a ona~ the 'This buffer shall contain one (I) tree ten 15) feet in hei_*ht ~vith a minimum er e?ery forty (40) feet, a continuous hedge ) inches high, twenty-four (24) inches on fpla~nting with flowering groundcover. ~ lines. (a) A ten-foot ~vidb landscaped buffer shall be located on all'interio!' pro .merry lines When the buffer separates the property from a residentially zoned ro err the , : . . P P Y, buffer shah coritam a s~x-foot concrete ~valI landscaped on the exrer/or side by a continuous hedge no less than thirty-six (36) inches high and planted tW.~nty-~our (24) inches on center at time of planting; a-ties ton (10) to fifteen (15) feet/n height with three-inch ~aliper every forty (40 feet; · _, ) and gounacover. When the buffer separates the ro err , : . . P P Y from othe~ gommercmI property the buffer shall not be required!to cqptain a concrete w'alL Landsca~in<, shall be corit~nuously maintained. ~ ~ 1. The ',,{all s,hall be kept in good repair and appeai-ance at ail times. -- Open~,ngs ~,'ith gates may be allowed Where deemdd apOropriate by t~e City Commission. ',ma to the approved d~sianJpIan of the principal center. Oasoline dispensing establishmenrs shall conform :o the community design plato h. . Condjtioaal,us¢, Ga,solinedispensmg establishments are hereby designated as'a ~ondltional~use as that term. is defined m Section I12. D stance separation requiremen!s. No gasoline dispensing establi'shn~ent shall ,1~ located'within two hundred (200) Iineal feet from a residential ktructure. Distances for t~epurpose of this subsection shalt be measured ftc m the boundary line of the pameI or/which the cresol ne d~spensing e!tablishmen~ is located. to the closest boundary v~atl of the read~nt4al structure. Col USC within ~d 'the City of that al ~d a. Setbacks. Setback:recmirements shall applv to ail structures on the portiofi of the propi~rt9 o'n which {he .~asoline dispensing establishment is located, includinig, the primary structure for th~ ;aS01[ne diipensin; establishment, or any accessory structures suca as car xvaskes or above ~ound st0raue facilities_. (D Front-35 feet, (2) ' Side-20 feet, (3) Rear,20 feet. Other: No canopv shall belocared less than twenty (2~Q) feet from any p~roperrv line_. (bi No o~asoline pump island shall be located less than thirW (30)feet from any property line. (c) The entrance to a buildin,~ wheretn motor vehicles are xvashed by a'mechanical means shall be located a mtnimum distance of sevenrv-five (75'} feet from the street lines to p~'ovide an off-street area of waitin*, vehictes Ca~ Washes shall: be fully automatic; recycle ail water used in the car washm~ D!'ocess (d) No gasoline pump island or cano2v shall be located less than two hundred (200) feet from any iouNic r/_aht of way. No gasoline dispensing establishment shall b,, Iocated Within t~vo hundred (200'~ feet from a resident/al'istrUctnre. Dist'.noes f0rthe purpose of !.his subsee!ion shall be measured from the closest .ta~oline Dump island Or canopy of the:gasoline dispensing ;establishment to the cIoSeSt boundary Wall of,the :reSidentiai structure. ~ Buffers. Except for permitted ,drircewav O~oenings. a five (5) £ootw d, landscaped buffer shall'he lochted around that port/on of fhe~ xvhich the gasoline dispensing e~t~blishment s located.: When ~he buffe, separates the Dortion of ibc propertv on ~vhich the aasoline.discensin,, ~stablishment is located fro,,m ~.res)dentia tv zoned ~ror)ertv. th~ bt fir,, shall contain a six (6) foot h: ~ Co~crete Wall landscaped on the exterior side bva connnuous hedger less. than thirty-six (36~ inches hi .'h'and planted twenty-four (24) inc] 5ogcenterattimelofvlantihg:tr~esten(iO) to fifteen (I 5) feet in he{ght, and groundcover. When the on which the gasoline di~pen commercial properw. ~the bur wall. Landscaping shklIbe o h three-inch cahper every forty (~0) feet; Yet separates lhe r)ortion of the ~ roperw .' ~Stablishment is located from ~ ,thOr shall not ,be reclmred to;contain h concrete u~buslv maintained. The wall shall be ,kept in good re¢a(r and ar~vearance at all times. Ovenings with ga':es mir 13e,atlo~ved Where deemed appi'opriate bv the City Commission Desi.o~ Criteria Ail gasoline dispensing establistunents defined as ancilbtrv principal tenant ora planned Commercial district, shall conform ~Jes'gn to the approved deki_mn plan of the principal tenant. (2) No gasohne dispensing estabtlishmenrs defined as ancitlarv to a Dr/ncivai tenant shall be permitted to advertise product pricing or~ the site Man identifying th~ primary tenant or occupant Ail gasoline dispensing establishments defined as ancillary roa ~rincipal tenant ora planned commercial district shall not instalI exterior site lithtin~ which exceeds photometric levels of 60-foot candies average maintained. d Cor~ditiana! USe. ~asoline crisp,easing establishments defined as ancillary deSia~a{ed as a ConakiOn~l:u~ ~s tl~ar term is ~lefined'in S~ctio~ 11.2. Requested City Commission Meetin~ Dates [] July 2000 [] August I, 2000 [] August 15, 2000 [] September 6, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office Ju y 6 2000 (5:00 p.ra.) July I9, 2000 (5:00p.m.) August2~2000 (5:00 pXn.) AugUSt,16, 2000 (5:00 p.m.) Requested City Commission Meetirm Dates [] Septemberl9, 2000 [] October 4. 2000 [] October ~7, 2000 [] November g. 2000 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] nunooncement [] XI-LEGAL ITEM C.1 Date Final Form Must be ruined in to City Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.rm) October 5, 2000 (5:00 p.m.) Octobe~ 18, 2000 (5:00 p.m.) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Please place this request on the September 19, 2000 City Commission agenda under Legal - Resolutions. Staffrecoamiends the subject resolution be approved, al!owing City-owned property t~ be used for sidewalk relocation and the addition of a second lei'/mm lane from northbound Seacrest Bolilevard onto westbound Woolbright Road. EXPLANATION: The Lowe's Home Improvement Center project received conditional approval from Palm Beach County Traffic Engineering due to the projected off-site road impacts. One requirement is for the addition of the above-described left turn lane. The road can only be widened to provide space for the new lane by obtaining land from tlte City on which the sidewalk could be relocated. This /mprovement can be designed with the addition of five (5) feetofland. Staffreviewedthis request in January and generated a f~vorable preliminary response as long as the land is retained by the City to maintain access rights to'utility infrastructure ia the vicinity-; The City would have no maintenance responsibility for the relocated sidewalk. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: The subject easement represents the least intensive alternative for satisfying the coonry's road improvement condition. 'Director ofDevelopmg~f ~'- c/ Director of ~lan-lng a~IEoning ~ity Manager's S~gnamre City Attorney / Finance ~ H~aan Resources RESOLUTION NO. R O0 A RESOLUTION OF THE CITY COMMISSION (DF T~E CITY OF BOYNTON BEACH, FLORIDA, SIDEWAL~ EASEMENT AT THE EAST SIDE OF THE CITY'S, 'EAST OF WOOL AND : DATE. WHEREAS, The Lowe's Home Improvement Center project received a CO'hditiOnal:~appmval. :from,~. ~im r~Beach County Traffic Engineering du~ ~.?~J;ect~d;~:ff-, .~ ro~d ~aCtS WHEREAS,,~.One~equkement J~or fhei,~ap~ova,, s for the addition of a second left turn J~lne .'from n0iffhbound'~eacrest 'Blvd. on to west bound Woolbfighi WHEREAS, ]'he ~ead, can only be, wide,ned to, provide space for- the new one by obtain ng and from the ~ fy, of B0ynton Beach for sidewalk relocation, WHEREAS. staff has reviewed this request and recommends to the City Commission that the City of Boynton Beach grant a 5-foot sidewalk easement along its property fronting Seacrest Boulevard for a distance of 550 feet as depicted in Exhibit "A" to Palm Beach County, NOW; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission .0f the City of Boynton Beach, Florida by and through its City Commiss[0n, does hereby grant the 5- foot sidewalk easement to the County as described in Exhibit "A" attached herefoo Section 2. The Mayor and City Clerk are hereby authorized and ~lirected to execute the right-of-way easement and the City Clerk to file the same in the public records of Palm Beach County, Florida. Section 3. This resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of September, 2000. C~q'Y OF BOYNTON BEACH, Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner CJbJ Clerk s:ca\Reso~Abandonment~5 Fcx3t Easement Requested City Commission Meefin~ Dates [] July 18, 2000 [] August 1, 2000 [] August 15, 2000 [] Septomber 6,2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XL RESOLUTIONS C. 2 Date Final FormMust be Turned in to CiW Clerk's Office July 6, 2000 (5:00 p.rm) July 19,2000 (5:00 p.m3 AugUst 2, 2000 (5:00p.md August 16,2000 (5:00 p.m.) [] Administrative [] Consent Agenda [] Public Hearing [] Bids Requested City Commission Meeting Dates [] September 19,2000 [] October 4, 2000 [] October 17,2000 [] November 8, 2000 Date Final Form Must be Turned in to CiW Clerk's Office September 7, 2000 (5:00 p.m.) September 20, 2000 (5:00 p.m. October 5. 2000 (5:00 p.mo October 18, 2000 (5:00p.m0 [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Please place this item on the.O~tober 4, 2000 City Comrmss~on agenda,?.d~r Legal 7 Resol _ufions. Staff recommends ~s resolution~be approved which represents the msuence of a Nottce of Intent, m preparation for the conducting of a planning study and implementatio~i.of redevelopment mechanisms for a segment along the Federal Highway con/dot. EXPLANATION: In follow-up to the execution of the Zoning in , initiate planning studies on the Federal Highway corridor as part of the ongoing efforts . Redewlopment Plan. The Notice of Intent represents a formal announcement of said the period during which time all a within the study area, musj conform to the C-3 pertained use and lot and building regulations_, and Vision The study are~ will include the Federal Highway cordd x located between th~ Bo 's southern boundary and east from the F.E.C. Railroad R.O.W. to the Intracoastal Waterwa) e of Intent witl be~est~blished by the commission within the attached resolution, months will be needed to complete the ,smd}, and formulate recommendations. Additional t/me plan amendments, rezonings and Coda revisions. For further details on this resolution and the planned corridor study, please see accompanying Department Memorandum No. PZ 00-289. PROGRAM IMPACT: Continued implementation of Visions 20/20 Redevelopment Plan. FISCAL IMPACT:' None at present time. The need for outside consultant support win be subsequently considerecL ALTERNATIVES: Not approve subject resolution and this mechanismto guide development to ~e eons!stent with the city' s furore visi6n. [~ ~l~ec[o} o~Develo~mem City Manager s ~iguature Direct o~'-o f-P 1 anaing~ ' g '// ~City Attorney ~ll~i~unce ? Human ResoUrces DEVELOPMENT OEPARTMENT MEMORANDuM NO. PZ 00-289 TO: Kurt Bressner City Manager FROM: ~ p Planning and Zoning Director Quintus Greene ,~/t THROUGH: D rector of Dave opment DATE: September 25,.2000 SUBJECT: It is anticipated,that,on October 4, 2000 the Cty Commiss on will approve Ordnance #000-53. ~vhich ~th0riz~s, the iss[~ance of a Not ce of Intent when staff has requested and the comrni~sion has approved a spec a stud~, period for propose~ land development regulations, s commonly been referred to as "zoning n of as to review all related This interim is issued by the City that a Notice of Intent be issued by the City ~'a Highway co?alder, in order to prepare for the time paled process ',the~necessary chan~es n future The study ama,,iS that pp¢(on,:of the U.Sil Highway: 1 corddor extending between the B0,ynton',i(CT1;6}~C~a[ a~'~ i~ int~r~:tie; r~ ~ th th® ¢ ~ ~, sob, th border a~ between the F.E.C. Railroad,rig~t~f:~Y~nc[,t~,lnt~'~c~astat Water~aY (ICW) The N0tce of Intent should 0nly appj~: te; a~l~li~tion~ inV~l~i~g nod~resiSen~i~l uS~s of land within {his geograph c area The use of a ZIP process to redevelo is not new. This Studio's of a consultant dudng and Now; that the ?sion 20/20 plan is guide both the cordddr study 'arid interim o prow~e a very specific base on which interim applications are reviewed staff also suggests.that Said applic~ons be,,reviewed consistent With the.permitted use provisions and '°t and bu iding ~i~te reguJat c~ns of' the C-3 CommUnity Co'mercia Zen ~ D Str ct Tt~ ' ~ ~' g ' e 0-3 district is recommended to app!y to this interim pedod due t be ng the predominant commercial district along the corddor south of the CBD, and since it is preferable district over the C-4 district north of the CBD, the The ~mer with the .the' to create ~r~ent also is requesting MR A RESO RESOLU'I~ON NO.,R00- WHEREAS~ in conjUnctio~ with Ordinance. No. O 00-53 staff is requesting 2ommission approval .to initiate planning studies for-the FederalHighway corridoras part of the ongoing efforts't0 implement: the Visions 20~20 ~,edeve!opment Plan; and WHEREAS, this Notice of Intent~ represerrts a formal announcement of said )lanning activities, and the period during which time all applications related to :ommercial use or commercial development activity proposed within the study area, must conform to the C-3 permitted use and lot and building regulations, and Vision 20/20 design recommendations; and WHEREAS, the study area wilt include the Federal Highway corridor located 0etween the Boynton (C-16) Canal and the City's southern boundary, and east from the F.E.C. Railroad R.O.W. to the Intracoastal Waterway; and WHEREASf this Notice of Intent will be in effect .from the date of adoption ~nd therealter for a maximum period of 180 days unless otherwise extended by the City Commission by subsequent Resolution following public hearing. NOW~ THEREFORE~ BE IT RESOLVED BY THE CITY COt4MISSION OF FHE CITY OF BOYNTON, BEACH~ FLORIDA~ THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby does hereby issue the atta¢l~ed Nouce of Intent. Section 2. That this Resolution shall ~assage. PASSED AND ADOPTED this become effective immediately upon __ day of October, 2000. C_FI'Y OF BOYNTON BEACH, FLOI~DA Mayor Vice Mayor Hayor Pro Tern Commissioner ATTEST: Commissioner gib/Clerk [Corporate Seal) Preliminary draft Subject to amendment pending pubhc hearing NOTICE OF INTENT TO ADOPT PENDING,LAND DEVELOPMENT AMENDMENT NOI # STATEMENT OF PURPOSE AND SCOPE OF STUDY The propose of this Notice Of Intent is to declare, in anticipation of an amendment to the Lanff Development Regulations, ~studypefiod to: Identify existing .uses and development characteristics of property zoned commercial'u~es witfi~n the Affected Area; and Evaluate and implement changes to uses and design criteria within the C-3, C-4, CBD zoning,districts, and Codify applicable reeemmendations in the Visions 20/20 Redevelopment Plan, as they relate to the red~velopment plan for the Federal Highway corridor. AFFECTED AREA The study area ("Affected Area") shall be along a segment of Federal Highway, more specifically described as the area bounded by the Boynton (C- 16) Canal on the north, the City's southem boundary on the South, tt/e Florida Eastcoast ~,a, cl Right-of-way on the west and the Interacoastal Waterway on the east (see attached Exhibit A ). GENERAL DESCRIPTION OF PENDING LAND DEVELOPMENT REGULATIONS (LDR) Addition or deletion to permitted, conditional or prohibited uses within the C-3, C-4 and CBD zoning districts within the Affected Area; and Establishment of design criteria for commercial property in the studyarea including possible revisions to the C-3, C-4 and CBD zoning districts. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED Adoption of the new regulations under study will prevent further approval of uses that would be inconsistent with the new regulations and the plan for redevelopment of the Federal Highway corridor. EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH AR~, THE SUBJECT OF THE, STUDY AND MAY BE AMENDED LDR, Chapter 2, See6 LDR, Chapter 2, Seell LDR, Chapter 2, I1.I LDR, Chapter 2, t 1.2 LDR, Chapter 2~ i1.3 Commercial district regulations and use provisions Supplemental regulatioris . Nonconforming uses and'structures Conditional Uses Environmental review permits PROJECTED TIME FRAME FOR STUDY One. Hundred and Eighty .(180) days from the date of approval of this Notice by the'City Commission. ' The Planning study including formulation of recommendations is estimated to take 6 months. If additional time iS reqUired to comp[ete the study due to the scope-or magnitude of the regulatory changes, a request for extension may be requested by the Development Department. The City Commission, following public hearing on the request for extensmn may extended this Notice of Intent for'an additional period as specified by the City Commission at the time 0f extension. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDIN(~ REGULATION WOULD AFFECT Effective on adoption of this Notice, all new applications for commercial development within the Affected Area, including applications for site plan, conditional use, master plan, rezoning, comprehensive plan amendment, building permit, variance shall conform with the use, lot, and d~e,v,e.l, opment regulations set forth in the LDRs for C-3, Community Commercial zoning district. Aamtionally, no application for an occupation license in the Affected Area shall be processed during the study period for any use other than a C-3 zoning district permitted use. This Notice of Intent shall only apply to said applications accepted by the City after the Notice of Intent is executed. COLLATERAL DOCUMENTS Development Department Memorandum No. 00-289 Vision 20/20 Redevelopment Plan. ADDITIONAL NOTICE 1: The Notice of Intent shall be posted in the Development Department and in th~ notice case loeated~at [h~,mai~entr~ance,t0 City H~:. : 2. A C'0py (~f the NOtice ofIntent shat[be maj!e~tathe Chamber of COmmerce: 3. Following issuance of this Notice of Inten~ the,,nr~ti~e stmllbe provkded to,:all apPli~ap, .ts who maybe potentially affect~d/by~e:'pen~ study:and regUlatory chauges. ~ms notice shall b~ provident to th(ise ihdividhais mail, facsimile, electronic mail or in persom Comments including w!i,tten c~bj~¢fi6ns tO the ~No~ce of ~[ent, shall be accepted ~yithe DevelOPment ~artm~nt Di~foi from recipien[s .0~this notice. Neither failure by thc City Clerk m provide notice ~ set ~;~m tiffs S~_O.n not the lack of a-~varenes~ :6f-any .potently i affected applicant Shatt not, ;iIi'¢~date'~ ~e: aPPlicability :of ~s, notice. Dated: Adopted by Resolution number Florida this day of of the City Commission of the City of Boynton Beach, ,2000. By: Office of the City Clerk Requested City Commission Meedn_~ Dates [] Suly is. 2ooo [] August 1.2000 [] August 15. 2000 [] September 6, 2000 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XI-LEGAL ITEM A.1 Date Final Form Must be Turned in to City Clerk's Office Jury 6. 2000 (5:00 p.m.) July 19, 2000 (5:00 p.m0 Augast 2. 2000 (5:00 p.m./ AugUst I6. 2000 (5:00 p.rm) [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement Requested City Commission Meetin-~ Dates [] September 19. 2000 [] October4, 2000 [] October 17. 2000 [] November 8. 2000 Date Final Form Must be Tttmed in to City Clerk's Office September 7, 2000 (5:00 p.m.) Septerab~ 20, 2000 (5:00 p.m.) October fi. 2000 (5:00 p-mO October 18, 2000 (5:00 p.m.) Developmem Plans New Business Legal Unfinisbed.l~usiness Presentation RECOMMENDATION: Please place this request on the October 4, 2000 City Coromission ~gendti under Legal, Ordinance - Second Reading, As you my'recall, this request was approved at the September 19, 2000 City Cor~nission meeting. Staff recommends that the processing of this ordinance be postponed to the October 17t~ meeting, to provide needed time for tncorporating comments generated by various staff members. EXPLANATION: The subject ordinance has been generated in response to the current absence of any provmions within city regulations that regulate wall murals. The ordinance was originally drafted by a team of staff members with input from a group of downtown merchants. Remaining ~ssues te be reviewed and incorporated into the ordinance, in part, involve tailoring it to only apply to a limited geographic area such as the downtown, a sunset clause or provision for progress evaluation, an agreement with the pilot review committee, an appeal process, and incorporation of objective design criteria. Staff is currently revismg the ordinance and will then obtain approval by the original staff team, legal staff, and representatives from the downtown businesses prior to the forwarding it for Second Reading. Except for the consideration of objective design criteria, all remaining comments should be easily and quickly addressed. However, additional time may be required to establish, incorporate and obtain consensus on objective design criteria. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Insert revisions to the proposed ordinance or not adopt th~ proposed ordinance. []~e/ct~r~'~Top'~ent r v City Manager s Stgnature Director of Planning ~,an/l - og-6~ng City Attorney / Finance / Human Resources MURAL REGULATIONS Definition of Wall Mural in Part IH LDR Chapter 1 General Pro~sions Art/cie II Definition A. A form of artistic expression in which designs are representauonal, imaginative, or abstract created in two dimenSions-by the application,:Of pigments or other colored media to a flat surface. The elements of the des~gn may be line form, color; tone and texture, and they may be combined in an infinite Vafi~,Of:~y~: ~'A m~,l shall'flOr 8~taini~ti, nudity,<a P~ti~ical ~atemont an o~iz~tion Or cOrP. ~ogat~ ~lq~o ~~any type of~o~i~l ~adveniseanent for an~ ~usine% product or Se~ce. Addition toClaal~gr~ .~ommunity Design Plan New Section 12. Wall Murals Thc function Of a:~al~'~ural is tO add interest to an otherwise blank wall and/or to fill the gap left on the adjacent side of. cxms~uetion.whan buildings are abandoned or demolished. In many cases the exterior walls of the adjacent side of construction were never intended to be seen from the s~reets. As such, they are generally ~ unfinished and often windowless. When they are left exposed, some buildings convey an imaga of decay which,~ ~ in mm, contributes to urban blight and has an adverse affect on both the overall p!~ysj~a! ~a~Ppe~ce and economic health of the community. When wall murals are properly executed the gengra!~ee of a building wall can be improved and turned from a liability into an asset for the ~ity.~ The following regulations shall apply to all new wall murals and the repainting of pre-existing wall murals: A. Minimum Design Objectives A mural shall: 1. Improve the value and aesthetic appearance of the city. 2. Not constitute or create Waffle or pedestrian hazards. 3. Contribute to the efforts of community identity and redevelopment, particularly in areas where buildings have been demolished leaving otherwise unsightly or blighted gaps in the physical fabric of the community. 4. Promote the design theme applicable to the geographic area within which the mural is proposed (the establishment of themes for any geographic shall not be a prerequisite for a mural), 5. Be a solution to the problem of e~xigting or totally blank walls visible by the public. Foster cultural_ identity, history and enrich the public environment for both the resittents and visitors. 7. Respect community standards relative to decency and obscenity. B. Procedure A wall mural request shall be submitted to the Director of Development or his/her designee, who will serve as chairman of a Design Review Committee (which may be an Arts Council if established). The mural request shall include the following information: 1. The name'and address of the applicant. 2. The name and address of the property owner. 3. The street address and location of the proposed mural. 4. The written consent of the bmlding owner including the acknowledgment' of responsibility for compliance with city regulations and maintenance obligations. 5. Drawings or renderings that represent a reasonable accurate depiction of the proposed mural including both colors and graphics. 6. Photographs shoWing the building on which the mural is to be painted. The Director or his/her designee shall, within ten (10) working days of receiving the wall mural, convene the comrmttee to review the application. The applicant shall be notified in writing within twenty (20) working days of submission whether the wall mural application has been approved or denied. C. Minimum Design Criteria All applications (projects) shall mc'ct the following design critcr{a: 1. Wall murals shall be painted in a weather resistant paint. 2. No portion of the mural shall be used to advertise a specific product or service nor display any name or logo of the on-site tenant or a current event within the district. 3. The Wall Mural shall not display any form of message, slogan, word, or symbol intended to promote a single use, or business. 4. It shall be unlawful for any person to display upon any mural any obscene, indecent, or immoral matter, including body parts normally/publicly observed clothed. D. Wall Mural maintenance and modification The owner of any wall mural as defined al the time of approval shall be required to properly maintain said wall mural. Maintenance shall include painting and tou, qh-ups Should the:m~a! b~eome thd~{, ,?~?d mad sev~ere!y wea~ered, .the properp_y owner shall, upon written not/ce from the City's Code CoCpliance Division repair the mural or repaint the wall on which the mural was painted within 60 days (extensions should be granted if used for repamting of the wall mural). ORDINANCE NO. O 00- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS AS FOLLOWS: CHAPTER 1, ARTICLE II DEFINITIONS; CHAPTER 9. COMMUNITY DESIGN PLAN; AND CHAPTER 21 SIGNS, ARTICLE II, TO CREATE A DEFINITION FOR WALL MURALS AND ESTABLISH A PROCESS AND GUIDELINES TO REVIEW'FUTURE WALE MURALS; PROVIDING ~.ONR CONFLICTS, SEVERABILITY, CODIFICATION D AN EFFECTIVE DATE~ WHEREAS, staff-has recommended an amendment to the City's zoning ;ode to create a dermition for wall murals and establish a process and guidelines :o review future wall murals; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend Chapter ~, Zoning, Article II, Chapter 9 Community Design Plan, and Chapter 21 Signs,l Article I of the City's :Land Development Regulations to create a definition for wall murals and establish a process and guidelines to review future wall murals; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 1 General Provisions, Article II Definitions is hereby amended by adding the words and figures in underlined type, as follows: ~EHICULAR SIGN.- A sign or sign structure... VALL MURAL - A form of artistic exoression in which desi(3ns are representational, imaoinative, or abstract created in two dimensions bv the application of Diaments or other colored media to a fiat surface. The elements of the desiqn may be line, form, color, tone, and texture, and they may De :ombined in an infinite variety-of wavs. A mural shall not contain qraffiti, nudity, political stat.ement, an or0anization or corporate Iooo or any tvoe of commercial advertisement for any business, product or service. M.. Wa~l Murals :(See Chaot~r'9~ ;£bmmunity D~qnPlan) ~y creating a new Section 12. ~all iM, urals., as ~fo,!lows: . Section t2. Wall M#r~lls The function of a wall mural is to add interest tO an otherwise blank wall and/or to fill the (3aD left on the adiacent side of construction when buildines am abandoned or demolished. In manv cases the extedor walls of the adiacent sid~ of construction were never intended to be seen from the streets. As such. thev are <3enerallv unoainted, unfinished and often windowless. When they are left exposed, some buildinos cenvev an image of decay which, in turn, contributes to urban blight and has an adverse affect.on both the overall ohvsical aoc)eerance and economic health of the communib/. When wall murals are c)roc)erlyexecuted the (3eneral ac)oearance of a buildino wall can be imoroved and turned from a liabilitv into an asset for the dtv. The foll0winq reeulafion$ shall ac)oN to all new wall murals {~nd the rePaintincj of pre-existino wall murals: Minimum Desien Obtec'dves A mural shall: 1. [mprgve the value and aesthetic aooearance of the dtv. 2. Not constitute or create trafficor oedestrian hazards. 3. Contribute to the efforts of community identity and redevelooment. oarticulad¥ in areas where buildinos have been demolished leavin(3 otherwise unsiohflv or bliohted ~ac)s in the nhvsical fabdc of the community. n theme aoolicableto~the geoaraohic area within which th~, mural is orooosed Cthe~estabiishment of themes for any aeoeraohic shall not public. $. Foster cultural identity, history and endch the Public environment for b0~ the residents and visitors. 7. ResPect community standards relative to decency and obscenity. Procedure . w{~ll mvral reeuest shall be submitted to the Director of Develooment or is/her ~le~;iqn~e. who will serve as chairman of a DesiGn Review Committee (which may be an Arts Council if established~. The mural reeUest shall include the following_ information: 1. The name and address of the aoDlicant. 2. The name-and address or. the orooertv owner. 3. The street address and location of the orooosed mural. 4. The written consent of the buildinG owner including the acknowledoment of responsibility for comoliance with cib/ reeulations and maintenance obligations. 5. DrawinGsor renderinGs that reoresent a reasonable accurate deoiction of the proon~wt mural includin(3 both colors and c]raDt3ics. ~, Pho__h~3_raohs showing the building on which the mural is to be oainted. The Dir~ Or his/her designee shall, within ten (101 working ~lavs of receivinc] the wall mural, convene the committee to review the aoDlication. The aoolicant shall, be notified in wrifincl within twenty (20~ working days of 'submission whether the;wall, mural aoolica~on has been aDoroved or denied. Minimum Desian Criteria All aoolicatior~s (oro~__~c~; shall meet the following design criteria: 1. Wall murals shall be painted in a weather resistant paint. ~. No oortior~ of the mural shall be ,_,~_~ed_ to advertise a sbeciflc oroduct or service nor disolav any name or Ic~3o of the on-site tenant or a current event within the district. The Wall Mural shall not disolav any form of m~e. sloaan~ word, or symbol intended to ommotea sinale use~ or business It shall be Unlawful for any Person to disotav uoon any mural any Ohcrene, indecent, or immoral matter, includina body oar,s normallv/oubliclv o~served clothed. Wallt4ural maintenance and modificatk)n bP, 2. ,Should._~e rmural.~become faded, oeeled and severely weathered, the wall mural3. Section 5. Each and every other provision of,the Land DeVelopment ,egulations not herein specifically amended, shall remain in full force and effect ~s originally adopted. Section 6. All laws and ordinances applying to the City of Boynton 3each in conflict with any provisions of this ordinance are~hereby repealed. Section 7. Should any section or provision of this Ordinance or any ~ortion thereof be declared by a court of competent jurisdiction to be invalid, ;uch decision shall not affect the remainder of this Ordinance. Section 8. Section 9. FIRST READING this Authority is hereby given to codify this Ordinance. This Ordinenca shall become effective immediately. day of September, 2000. SECOND, FINAL READING AND PASSAGE this September, 2000. ATTEST: City Clerk day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pm Tem Commissioner Commissioner ORDINANCE NO. O 00-52 XZ-LEGAL ITEH A.2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 2, OF THE LAND DEVELOPMENT REGULATIONS, SECTION 7, PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS; TO ALLOW MIXED USE PODS OF COMMERCIAL, RETAIL, MULTI-FAMILY RESIDENTIAL AND OFFICE/PROFESSIONAL USE tN PLANNED INDUSTRIAL DEVELOPMENT DISTRICTS; PROVIDING FOR DESIGN GUIDELINES; PROVIDING SUBMISSION REQUIREMENTS; PROVIDINg PROCEDURES FOR REVIEW PROVIDING FOR PROCEDURES FOR WAIVERS OF STANDARD ZONINGs-REGULATIONS PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE~DAtE WHEREAS, the CityCommission finds it is in the best interest of the City, the development community, and the: public fo modify the curre?t provisions of the Lancl Development Regulations concerning Planned Industrial Development Districts, fo provide ;g.u· delines for residential components, to facilitate review, and to provide a means of review by the City Commission. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Chapter 2; Section 7, Planned Industrial Development Districts is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type. Section A is amended to read: A. INTENT AND PURPOSE. A planned industrial development district (PID) s established. The purpose of this district is to provide a zoning classification ht industrial development that will better satisfy current demands for light industrial zoned lands by encouraging development which will reflect changes in the technology of land development and relate the development of land to the specific site and to conserve natural amenities. Regulations for the PID are intended to accomplish a more desirable environment for industrial development in relation to existing and/or future city development, permit economies,in providing public services, allow for economies of scate.,inindus~dal~deVeJopment, and'to promote the public hea th, sa[ety, ~c,onyenience, we fo[e and go,od government of the City of Boynton:Beach..=~HD:.dis,tricfs. may contain Mixed Use Pods with retail, con~ '~ Cro'Q ;.office~ ~n~t~i~e;sLder~tj~,~co~pz)nen;ts¢~,ub~ect,to the des gn,and MIXED USE PODS WITHIN APPROVED PLANNED INDUSTRIAL DISTRICTS. The fOllOWing CritOga sha apply to Mixed Use Pods proposed for For the defined as a devel approved HD which. 2) 3) and Definition this subsection, a Mixed Use Pod is located entirely within a previously ~ following uses: multi-family residential, commercial/retail, office and professional, The residential component of the Mixed Use Pod may include fee simple and rental dwelling units. A mixed use Pod is the aggregate of all land within the PID consolidated and designated for mixed use. B. Definitions: 1. Master Site Plan. Master Site Plan is the conceptual plan for the entire mixed use Pod with which individual technical site plans and buildings as processed by the Technical Review Committee (TRC) are fo be consistent. Plan requirements of Maste¢ Site Plans are defined herein. 2. Technical Site Plan. Technical Site Plans are development plans for one or more lots submitted in compliance with Chapter 4, SectiOn 7, (A. through G.) and Section 8, Pdor fo approval of the Master Site Plan, technical site plans may be reviewed by the City Commission, for review and approval of waiver requests for flexibility of development regulations. SUch plans shall meet the regulafi0ns for- technical site plans and shallspecifically list in the tabular data those specific elements of the plan'requidng waiver approval. C. Permitted Uses. Allowed uses in the mixed use Pod shall.be limited fo those conditional and permitted uses in the C-1 and C-2 zoning districts and the permitted uses in the C-3 zoning district along with the following additional uses and provisions: 1. Offices only, for the Sale of new or used vehicles and boats; 2. Automobile wash establishments, if accessory fo a prinCiple'use; 3. Retail sales of hardware and building materials c~s described in the Land Development Regulations, Chapter 2, Section 6.C.1. "i" and "aa" and Section 6. D. 1 ."f" (excluding item 14) and including upho stery supplies, and 6.D.1 ."h"(not limited to the 2,000 square foot maximum) up fo 10i000 square feet; wholesale of these goods or retail sales uses in ex~ess of 10~000 square feet, and wholesale of similar goods regardless of floor area shall require conditional use approval; 4. Mini/self-storage uses intended to serve a mixed-use project excluding all extedor signage except for identification signage not in excess of 3 square feet 5. Outdoor display of merchandise during business hours only;, and 6. Any use not specifically listed herein that is deemed consistent with these provisions and reviewed consistent with the process described below. D. Uses Prohibited., Prohibited uses shall be limited fo those uses listed as prohibited in the P.I,D, regulations,, With theaddition af adult entertainment uses; conditional uses as'indicated inthe C-3 zoning distdc¢:regulafions; drive- UP, drive-in, and drive,through features excepton financial institutions;, and ,ou~-c~e~.~ s~or, ag~ excJud ng outdoor, d sl~lay ~of~ goods; except,: w~ere specif~¢alJy permitte, djn-:~heabove sectiOn~ The approvals, of uses in,.a mixed, use Pod shall be processe~t in c,o,r)jun¢~ian~!th'.~r~review, of each, technical site plan, except conditional uses shall require~Cammissio,n approvak Inthe event a use is proposed that is not listed under the allowed uses or the prohibited uses. the Development Director,or,his/her designee may approve fha use administratively as part of the,.siteplan approval process if fha use is determined consistent with the intent and purpose of the mixed use development. If the Director denies the use, the applicant shall have-fha right to appeal the decision directly to the City Commission as provided in paragraphs 7 and 8 hereafter. E. Maximum Structure Height. Mechanical ea uipment which exclusively serves the structure shall not be included in the calculations of height. 2. Design standards for the residential component of Mixed Use Pads shall be as set forth herein below. Review and approval of a Mixed Use Pod shall be conducted by review and approval of a master site ;)lan for the Mixed Use Pod (hereafter "Master Site Plan") pursuant to the Technical Review process as set forth in Chapter 4, LDR. Notwithstanding fha provisions of Chapter 4 to the contrary, fha submission requirements for the Master Site Plan are as 4 follows: A sealed survey not older than six months showing all adjacent streets, alleys and driveways, and also illustrating: 1. Existing natural features. 2. Existing buildings and structures, including use, heigl~t, dimensions and setbacks. .3. Existing utility lines and all easements. 4. Existing elevations Icorder, street and finished floor). A scaled Master Site Plan illustrating: 1. Proposed buildings and other structures, and any existing buildings and structures which are to be retained, including use, height, dimensions and setbacks. 2. Proposed off-street parking spaces, driveways and sidewalks, including location, dimensions and setbacks. 3. Proposed fences and walls, including location, dimensions, setbacks, height and material. A Landscape plan including the following: 1. A separate scaled drawing [at the same scale as the site development plan) illustrating general location of trees, shrubs, grass and other vegetation. 5 2. Proposed berms, watercourses and other topographic features. 3. A notation'an mefhod of irrigation. D.. -Architectural design standards showing the following: 1. Design themes to be followed, including materials. 2. Building colors and color pallet options for accessory design elements. 3. Ail. building and structure maximum heights~ including HVAC components. 4. Color elevation renderings depicting representative design concepts applicable to all structures. E. A Tabular summary,containing: 1. Total gross project area by acreage and square footage and net buildable land area in acres and square feet. 2. Total number of proposed residential units, which shall not be less than 750 square feet per unit, unless a waiver is obtained as provided in paragraph P. 3 below. 3. Proposed nonresidential floor area by type of use and total gross square footage. 4. Number and ratio of off-street parking spaces and depiction of loading areas. 6. 7. 8. Wafer bodies in acres and square feet. Height of buildings. Lane use/traffic trip generation summary. List/description of each waiver request for flexibility of development, regulations. The minimum and maximum number of residential units, the minimum and maximum number of total square footage of each component of non-residential uses, and the initial proposed numbers for each component. An engineers drainage statement. G. A proposed sign program for free standing sign for showing maximum dimensions, graphic provisions, materials and lettering type. 3. Waiver of Standard Zoning Regulations Allowed, In conjunction with the approval of the Master Site Plan, or a technical site )lan reviewed by the City Commission, the City Commission may waive ~r modify the standard zoning regulations for the following: A. Building setbacks. B. Ddve aisle widths and parking dimensions. C. Perimeter buffer widths. D. Type and size of dwelling units. E. Parking space requirements. F. Internal landscape requirements. G. Other waivers, as approved by the City Commission, to development regulations particular to the unique design of proposed developments. The applicant shall justify, each waiver,request in writing as part of the Master Site Plan applicatian. The nature of the request, the extent from which it departs from the standard regulation, and the basis for which it is sought~shall as shared~parking ,studies ar parking studies justifying a reduction request, maybe requested by the city for,their use in analyzing the waiver requests. These appraved waivers shall aDply to individual Technical Site Plans. Master site plans and techniC, al site iplans, or amendments to same, which contain waiver requests '~hall i~e/Sub]ect to the public notification 4. Fallowing approval,:of the,~MaSter Site Plan for a Mixed Use Pod, subsequent modification of~such~Master Site Plan shall be sub]ect tO the review/approval rules as follows. City Commission approval is required for proposed changes whic:h violate!the project's previously approved minimum or,maximum square footage of non-residential use, increases in height above that which has been approved by the Master Site Plan, increases in the maximum number of residential units, as indicated on the Master Site Plan, elimination of principle open spaces and principle pedestrian plazas, changes to approved architectural design standards whereby proposed architectural design standards are inconsistent with approved architectural design standards, or increases in degree of approved waivers. All other revisions to the MasterSife Plan including, but not limited to, the relocation of approved square footage, conversion of square footage from one 8 component fo another (e.g. commercial to office) and conversion from one use fo another shall follow the technical review committee par[ion of the site plan review process except where stated'herein. 5, Technical Site Plans Review and Modification A. Following approval of ~ Mixed Use Pod Master Site Plan, subsequent site plan approval of all individual components of the Master Site Plan {Technical Site Plans) shall be submitted fo the Developm~ nt Director or his/her designee. The contents of such submittal shall con~ ~rm to the site plan reclulrements set forth in LDR~ Chapter 4: The Developrr ,~nf Director or his/her ,designee shall determine in wdfing within fifteen (5) :';or!-,!~G business days of saidsubm[ttal, whether the submittal is con: stent with the Master Site Plan, and if found inconsistent, shall specifythe inconsistency. If determined fo be consistent With the Master Site Plan, the final review and approval shall be ~hr. ough fhe.TRC review portion of the SifT Plan review proces~, for determinIng c. ompllance with the LDR. A site plar~ submitted for review which is determined, by the Development Director or his/her designee, fo be inconsistent with the Master Site Plan shall be processed in accordance with the standard procedures set forth in LDR, Chapter 4, subject fo applicant's right fo appeal such determination in accordance with provisions set out in paragraphs 7 and 8 hereafter or fo amend nnd resubmit such site plan for reconsideration by the Development Director or his/her designee. B. Following approval of a Technical Site Plan, subsequent modifications of such Technical Site Plan shall be subject to the review/approval rules applicable fo minor/major site plan mollifications as set forth in LDR, Chapter 4, Sec. c), subject to the following., If determined to be a major modification' it shall be processed in accordance with the provisions of 5.A. above. The processing and approval of any amendment to the Master Site Plan,required' as a,resulf of the modificatiOns' toa Technical Site Plan shall be processed along:with; -and in the same manner as, the processi,ng of the modifications to; ,the Technical Site Plar~, unless the provisions of paragraph 4,C!bove wo_uldrequire CiS/Commission approval. · 6 Wit~in.~:ten~-(,]~:O) b:usj~s~days ~llo~ing];[~C~ review of a minor mp~j[~Cafion P!an~ c~r [ev~iew of a mod[§cqt!c~r~ qf a ~[gct'tnical Site Plan~: the Development :the findings of:,-t~he ~'R.C,. ~whi.'ch shalJ~either approve the submittal as Once~ c[,,de?elopment ord~ is issued,~the five (5) day review period has ,elapsed; and all ~;ondifions have been satisfied, individual buddings may be =ermifted iqdividually. I~uildings permiffed strictly through the permitting ~rocess may,not exceed: the building envelope as shown on the approved Technical Site Plan. 7. The applicant, or any aggrieved or adversely affected party (as that term is defined by and interpreted under F.S. 163.3215) may request review of the development order, or of a determination by the Development Director or his/her designee of incons'Lstency, by the City Commission. The request for review shall be in writing and filed with the City Clerk within five (5) business days follawing issuance of the order. No development order shall be final until expiration of the five (5) day request for review pedod if no request for review is made, or the City Commission's dispositian of the maffer if a request for review is made. 10 8. The City Commission shall conduct a quasi-judicial review at a public hearing within 30 business days of the filing of the request for review. Following review, the City Commission shall: A. Approve the Development Order, or B. Modify the Development Order, or C. Deny the Development Order. The decision of the Commission shall be treated as final at the conclusion of the voice vote on the agenda item under consideration, notwithstanding later issuance of a written order, rThe minutes of the Commission meeting shall be conclusive evidence of the action of the Commission. Review of final action by the Commission shall be by Wdt of Certiorari to the Circuit Court. 9. Expiration of Approved Plans. Approved Master Site Plans as herein shall remain valid indefinitely. Approved Technical Site Plans shall remain valid for a period of two (2) years pursuant to the terms listed in Chapter 4, Section 5. Section 2. Each a.nd every other Section of the Land D. evelopment Regulations not hereinbefore specifically amended shall remain in full force and effect as previously enacted. Secfio,n.. 3. All laws and ordinances applying to the City of B~ynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify this Ordinance. .Section 6. This Ordinance shall oecome effective immediately. 11 :IRST READING this day of October ,2000. ~ECOND, FINAL READING AND PASSAGE this day of October, '2000. CITY OF BOYNTON BEACH, FLORIDA Mayor Mayor Pro Tem commissioner AT[EST: Commissioner City Clerk 12 XI. LEGAL A. 3 ORDINANCE ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORZDA AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE C~I'Y OF BOYNTON BEACH, ENTITLED "WATER, SEWER AND C~ITY LI-~L~'I~ES"f AMENDING SECTION 26-8.1 TO PROVIDE FOR COMMENCEMENT DATE FOR LI-I'~L_I-I'Y SERVICES BILL~NG CYCLE, AND TQPROVIDE A DEFINI'I'~ON OF BASE FACIL_rTY CHARGE; AMENDING SECTION 26-9, SCHEDULE II (B) TO PROVIDE WHICH BY ONE BY ~ FOR THE "FEE-IN,LIEU-OF" CAP~rAL C~N't'RZBUT~ON REDEVELOPING W~q'HIN THE DOWNTOWN WATER SEVERABI ~LYFY/CODIFICAT[ON, AND AF WHEREAS, it has come to the a~ntion of the City Commission of the City of Boynton BeaCh ~that,a~ amendment.to ~;ChaPter 26~ ]~.a.~r~ sewer:and City Utilities" is necessary to clarify certain provisions of that Cha~)ter; and J J WHEREAS, upon recommendation of staff, the City Commission has determined' that t !is n the bes~ 1'rnterest of genera welfare to the citizens and 'esidents Of the City!to provide the clarifications; and NOW, THEREFORE, BE ~T ORD/~NED BY THE CTfY COMMISSION OF THE OF BO;(NTON BEACI~, FLORIDA: and correct and Section 2. is hereby amended by creating Sec.~-.5 8,1 .~ater and se}N~rideposits; accounts, credits, termination and re- e- ~ls thatwill receive b~e shall commence on the 1st :day that ~Jther a sewer connection ~ made, or the water meter ~s set m place. Billinq for parcels receivinq sewer Servi~,shall commence on the day that the sewer service hne ~ connected to the City's utility system. For initial billinq periods of less than 30 days, the base facility charqe will be pro-rated by multiolvino the, (- standard base facility charQe by the number of days the ~- Section 3. (b)~.,is h Rates The maximum sewer commodity charge for residential'customers ( n city or outside city)will be... Cemmercial accoun~Will~be billed sewer charges based upon total water usage. For multi-family buildinrls (~in dt~ or outsMe ~itY) in Wh~h several dwelhnq unit~ am ~nticed by a simlle meter~ the base the the standard _ha~e chames for water, sewer and in per dwellinn. =funitson each meter. commence ( made ~ place. a sewercOnne~ion i~ Section ~,. That Sect on 26-.~,Q6. s hpreby amended by creat ng a new subsection (3), as follows: Sec. 26-406.. Capita cont~ibu~ OhS. · 2 (3) ---The "fee-in-lieu-of" capital contribution for orooerties redevelopinq within the Downtown Stormwater Improvement Watershed, and utilizinq the installed, stormwater treatment and/or conveyapr~ facilities within that watershed, shall be levied aq follows.' Capital cost per ~mpervious square foot for Water Quality $2.10 Caoital cos~ervious ~0.18 Total Caoital cost per impervious square foot for Water Oualitv and Ouantity $2.28 This fee shall be paid prior to the issuance of a buildir~t permif for new, construction and/or :redevelopment in the Downtown watershed. Section 5. That each and every other provision of Chapter 26 not specifically amended shall remain in full force and effect as previously Section 8. Se~on 9. passage. Section 6. All laws and ordinances applying to the City of Boynton Beach in any provisions of this ordinance are hereby repealed. Section 7. Should any section or provision of this Ordinance or any thereof be declared by a court of competent jurisdiction to be invalid, such shall not affect the remainder of this Ordinance. Authority is hereby given to codify this ordinance. This Ordinance shall become effective immediately upon FIRST READING this 4~ day of~ 2000. 3