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Agenda 04-16-02 i The C ty of B 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA APRIL 16, 2002 Gerald Broening Mayor At Large Ronald Weiland Vice Mayor District ! Mack McCray Commissioner District II Mike Ferguson District III Charlie Fisher Commissioner District IV Kurt Bressner City Manager Visit our Web site www.boynton-beach.org ,¢~/Y/ygr/t/?/~ ~'/t.¢ .//~/~' ?~," t'//~ //7/71~,¢///#~ Commission )N AT order of or has first items which the Commission does not need to discuss individually are items Which the Commission will discuss individually in the order agenda item. This can be by either Or by a roll call vote. the Commission at their meetings during Public Hearings, Public are business meetings and, as such, the Commission retains the right to limit the table by the entry door to the Chambers. Please complete a "Comment by the ,City Clerk at the left end of the dais before the "Openings" portion of the. comment cards will not be accepted after presentation of an agenda item has Any citizen may speak on an official agenda item under the section entitled "Publi¢~ heard concerning any matter within the scope of the jurisdiction ow colored card for matters not listed on the agenda. The ~ yellow cards provided by t~e City Clerk. may speak on any official agenda item(s) listed on the ag ;rly seconded. Please use the green colored card for matters listed speakers by name from the green cards provided by the City Clerk. up to either podium and state, for the record, your name and address. Or slanderous remarks or who becomes boisterous while addressing th~ further audience before the Commission by the presiding officer, lain address the Commission is granted by the majority vote of the al.I pagers and cellular phones in the City Commission Chambers while the City Commissi, on. are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beal Beach~ All regular meetings are held typically on the first and third Tuesdays of eve~ :30 p.m. (Please check the Agenda Schedule - some meetings have been moved due -CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA MEETING TO BE HELD AT CITRUS COVE ELEMENTARY SCHOOL, 8400 LAWRENCE ROAD, BOYNTON BEACH, FLORIDA April 16, 2002 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Fisher D. ZF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPR.T. ATE REQUEST FORM GIVE z'r TO THE CZ'I'Y CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDZV'rDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLIC AUDIENCE: IND:~/IDUAL SPEAKERS WILL BE LIMTI'ED TO 3-MINUTE PRESENTATIONS III. OTHER: A. Informational Items by Members of the City Commission Agenda Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 - Appointment To Be Made ADMINISTRATIVE: A. Accept resignation letter Community Relations Board Appointments to be made: from Board Michele Costantino, Regular Member of the Length of Term Expiration Date Mayor Broening I Weiland IV Fisher III Ferguson II McCray IV Fisher Mayor Broening I Weiland II McCray Mayor Broening I Weiland II McCray IV Fisher Mayor Broening III Ferguson I Weiland II McCray Mayor Broening II McCray III Ferguson Children & Youth Advisory Bd Children & Youth Advisory Bd Children & Youth Advisory Bd Stu/Reg/Voting Reg Stu/Reg/Voting I yr term to 4/03 2 yr term to 4/04 Tabled (2) i yr term to 4/03 Tabled (2) Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Alt Alt 1 yr term to 4/03 1 yr term to 4/03 Tabled (2) Community Relations Board Community Relations Board Community Relations Board Community Relations Board Reg Alt Alt Reg 3 yr term to 4/05 Tabled (2) 1 yr term to 4/03 Tabled (2) 1 yr term to 4/03 Tabled (2) 3 yr term to 4/03 Education Advisory Board Education Advisory Board Education Advisory Board Alt Stu Stu I yr term to 4/03 Tabled (2) 1 yr term to 4/03 Tabled (2) 1 yr term to 4/03 Tabled (2) Library Board Library Board Reg Alt 3 yr term to 4/05 Tabled (2) 1 yr term to 4/03 Tabled (2) Nuisance Abatement Board Alt I yr term to 4/03 Tabled (2) Planning & Development Bd Planning & Development Bd Alt Alt 1 yr term to 4/03 Tabled (2) 1 yr term to 4/03 Tabled (2) Senior Advisory Board Senior Advisory Board Senior Advisory Board Reg Alt Alt 2 yr term to 4/04 Tabled (2) I yr term to 4/03 Tabled (2) i yr term to 4/03 ANNOUNCEMENTS & PRESENTA'r~ONS: A. Announcements: B. Presentations: 1. Proclamations: a. "Municipal Clerks Week" - April 28 - May 4, 2002 b. "Month of the Young Child" - April 2002 Agenda Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 VT, U c. "Boynton Beach High School Day" - May 3, 2002 d. "Fair Housing Month" - April 2002 Presentation by Dr. Ananda Mitra summarizing the final report of the Recreation and Park Departments' Comprehensive Needs Assessment PUBLTC HEAR/NG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMI'TS Project: Agent: Owner: Location: Description: CKS, Inc. JMS Designs, Inc., Jeffrey Smith CKS, Inc. Lot 44 of Tradewinds Estates - South of Miller Road, East of FEC Railroad Request Annexation of 0.67 acre of vacant land located in unincorporated Palm Beach County Project: Agent: Owner: Location: Description: CKS, Inc. JMS Designs, Inc., Jeffrey Smith CKS, Inc. Lot 44 of Tradewinds Estates - South of Miller Road, East of FEC Railroad Request to amend the Comprehensive Plan Future Land Use Map from Commercial (Palm Beach County) to General Commercial (GC) for 0.67 acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard Request to rezone General Commercial (CG-Palm Beach County) to General Commercial (C-4) of 0.67 acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard Project: Agent: Owner: Location: Description: Wendy's @ Riverwalk Jennifer Liszak, Land Design South Riverwalk Plaza Joint Venture SE Corner Woolbright Road &. Federal Highway/US 1 Request Conditional Use Approval for fast food restaurant with a drive-through facility Project: Agent: Owner: Location: Description: Caf~ La Notte Lisa Collomb Schgai, Tnc. 2280 North Federal Highway Request Conditional Use Approval nightclub in a C-3 zoning district to allow operation of a 3 Agenda Regular City Commission Meeting Boynton Beach, Florida April :L6, 2002 VII. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of April 1, 2002 Regular City Commission Meeting of April 2, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 200:L-2002 Adopted Budget Approve additional agreements with Tnstituform Technologies, Tnc., .]acksonville, FI for in-place pipe process for reconstruction of sewer pipelines and lateral services, utilizing Broward County Board of County Commissioners Quotation #P2077-99 in the amount of $38,830 (Proposed Resolution No. R02-06:1.) Award Consultant Agreement to .lEG Associates for services outlined in RFQ #037-2417-02/KR, PHASE ONE :[MPLEMENTAT~ON OF THE HEART OF BOYNTON BEACH COMMUNITY REDEVELOPMENT PLAN, in the amount of $20,000 (Proposed Resolution No. R02-062) Authorize City Manager to sign 2002-03 Fire Assessment Work Plan with Government Services Group, :[nc. at a cost not to exceed $30,000 C. Resolutions: Proposed Resolution No. R02-063 Program Re: Sister Cities Proposed Resolution No. R02-064 Re: Authorizing an ]~nterlocai Agreement with the Municipal Public Safety Communications Consortium of Palm Beach County, :[nc. and setting forth the conditions of payment to the Municipal Public Safety Communications Consortium of Palm Beach County, Thc. Proposed Resolution No. R02-065 :[nterlocal Agreement with the Municipal Consortium and authorizing funds for Communications System Re: Authorizing an Public Safety Communications a Countywide :[nteroperable Proposed Resolution No. R02-066 Re: Authorizing the Mayor to sign two Agreements for Water Service Outside of the City Limits and Covenant for Annexation with Clark E. Dahlgren and Jean 4 Agenda Regular City Commission Meeting Boynton Beach, Florida April 16f 2002 Dahlgren as Customer and Continental Homes of Florida as Contract Vendee; and with Wilmer Frederick Bauer, Trustee as Customer and Continental Homes of Florida as Contract Vendee for parcels of land located on the west side of Lawrence Road at the intersection with Hypoluxo Road Proposed Resolution No. R02-067 Re: Approving the High Ridge Commerce Center, P.:[.D. plat, subject to the approval and signatures of the Tnterim Director of Engineering and the City surveyor and mapper Proposed Resolution No. R02-068 Re: Approving the Addendum to the Appointment Agreement for Charles .1. Magazine, Risk Manager, and authorize the City Manager to execute same Proposed Resolution No, R02-069 Re: Adopting a new :[nterlocal Agreement with Palm Beach County funding in an amount up to' $1,700,000 for the development of :[ntracoastal Park Proposed Resolution No. 02-070 Re: Appointing representative and alternate representatives to the Palm Beach County League of Cities Proposed Resolution No. 02-071 Re: Amending Guidelines for the City Commission Community Tnvestment Fund the Ratification of Planning &. Development Board Action: None Ratification of CRA Action: Boynton Hills Block C Lot 152 - Request relief from Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum front setback of 25 feet for a single-family home within the R-i-A zoning district, to allow for a variance of 8.7 feet, and a front setback of 16.3 feet; and Request relief from Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum rear setback of 25 feet for a single-family home within the R-l- A zoning district to allow for a variance of 17.5 feet, and a rear setback of 7.5 feet Accept the written report to Commission of purchases over $10,000 for the month of March 2002 Authorize payment to .]ohnson, Anselmo, Murdoch, Burke & George P.A. in the amount of $31,381.74 for payment of professional services relative to suits filed against the City Agenda Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 VIII. IX, Xg XI, Approve the Special Event Permit request for Ryan/Schroader wedding and reception at Oceanfront Park on June 22, 2002, pending State approval regarding beach use during turtle season Authorize an agreement with Olen Properties for payment of Park Fees for the 42-unit development known as the Villas at Quantum Lakes cTrY MANAGER'S REPORT: Development of a procedure whereby the City Commission can designate certain honorary streets within the City FUTURE AGENDA TI'EMS: Ag Review of Proposed Amendment to Development Agreement - Marina Project (May 7, 2002) Discuss long-range plan for the Boynton Woman's Club (May 7, 2002) Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk - Tabled on 0:1./:!.5/02 (May 7, 2002) Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (May 7, 2002) Discussion of proposed Charter Review (May 2002) FRA Whistle Ban Report (May 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking None G. Discussion of water and wastewater rate options (May 21, 2002) H. Lake Eden Canal Maintenance Options (May 21, 2002) DEVELOPMENT PLANS: None NEW BUSINESS: Agenda Regular City Commission Meeting Boynton Beach, Florida April 1.6~ 2002 XII. LEGAL: A. Ordinances - 2n° Reading - PUBLTC HEARTNG Proposed Ordinance No, 02-014 Re: Amending Chapter 2- Zoning, Section 8.5.A.9 of the Land Development Regulations to allow for the 50% reduction in required parking spaces, and sharing of parking resources within the Martin Luther King Boulevard Overlay District Proposed Ordinance No. 02-016 Re: Amending Land Development Regulations, Chapter 1, Article V. Tmpact Fees and Dedications, Section 3, providing for implementation of a park and recreation facilities impact fee (2"0 reading deferred until May 7, 2002) Proposed Ordinance No. 02-017 Re: Amending Chapter 2 of the Land Development Regulations, Section 7. Planned :Industrial Development Districts, to provide clarification of the definition of mixed use POD B. Ordinances - Is~ Reading None C. Resolutions: None D. Other: XIII. UNFINISHED BUSINESS: A. Update on Mangrove High School Restoration XIV, AD3OURNMENT: NOT[CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CiTY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN1OY THE BENEFITS OF A SERVICE, PROGRAMt OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COS] ELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST, bg FINAL AGENDA - 04/16/2002 8:38 AM S:\CC\WP\CCAGENDA~AGENDAS\YEAR 2002\041602 FINAL AGENDA.DOC 7 I'V. ADMZNZSTRATZVE ~ZTEM A. Al:a'il 9, 2002 Dctrr Mayor Broenla8 nad Commission: Please accept {his as ngr resignation of as a member of the community relations board. Mloh~l~ Co.amino Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 V.-ANNOUNCEMENTS & PRESENTATIONS :[tern B.l.a. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORtv Date Final Form Must be Turned in to CRV Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must be Turned in to CiW Clerk's Office May 8, 2002 (5:00 p.m.s May 22, 2002 (5.00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Proclaim the week of April 28 through May 4, 2002 as "Municipal Clerks Week". EXPLANA'r/ON: In 1969, the International Institute of Municipal Clerks (IIMC) initiated Municipal Clerks Week to recognize the important role of Municipal Clerks in local government. Clerks help to administer the laws and services that directly affect the daily lives of our citizens. They are dedicated professionals who play an instrumental role in maintaining the efficiency and effectiveness of the public sector. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: The alternative to this recommendation would be. to not issue this proclamation. Department Head's Signature City Manager's Signature City Clerk's Office Department Name City Attorney / Finance / Human Resources S:\CC\WP\CCAGENDA~Agenda Request Memos~genda Item Request Form for Municipal Clerks Week - April 28 thru May 4.dot WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government, exists throughout the wodd; and WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, The Office of the Municipal Clerk ;~rovides the professional link between the citizens, the local goveming bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS, The Municipal Clerk serves as the information center on functions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their State, province, county and intemational professional organizations. WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Gerald Broening, Mayor of the City of Boynton Beach, Ftodda, do recognize the week'of Apd128 through May 4, 2002 as "MUNICIPAL CLERKS WEEK" And further extend appreciation to our Municipal Clerk, Janet M. Prainito, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS INHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Florida, this 16"' day of April, in the Year 2002. ATTEST: City Clerk (Corporate Seal) Gerald Broening, Mayor City of Boynton Beach V.-ANNOUNCEMENTS & PRESENTATI~ONS :[tem B.l.b The young children of Boynton Beach are among our City's most valuable precious and vulnerable resoumes. Stable, nurturing, loving and supportive homes and communities are of vital importance to their positive growth and development. It is imperative that citizens realize that today's children are tomorrow's leaders and that exceptional eady childhood services represent a worthy commitment to our children's future. By calling attention to the need for high quality eady childhood services for all children and families within our City, the dedicated teachers and care givers who perform this invaluable work hcpe to improve the quality and availability of these services. The National Association for the Education of Young Children, in conjunction with local organizations, is celebrating the Month of the Young Child. The purpose of this observance is to call attention to the cdtical work of early childhood professionals and to recognize the efforts of parents, relatives and community members who contribute positively to the growth and development of young children. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim Apdl 2002 as: "The Month of the Young Child" and encourage all citizens to recognize and support the needs of young children in our community. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Flodda, to be affixed at Boynton Beach, Flodda, the 16th day of April, Two Thousand and two. ATTEST: City Clerk (Corporate Seal) Gerald Broening, Mayor City of Boynton Beach V.-ANNOUNCEMENTS & PRESENTAT]:ONS I~ern B,l.c Boynton Beach has long been an ideal place in which to live, work and play. With the ~add tion of the Boynton Beach High School, the City has taken its place as a great place to learn as well. After decades of sending its middle school graduates to neighboring towns, Bo nton Beach now has ~ts own state-of-the-art fac~hty where students learn in an atmosphere that c~mbines academic achievement with artistic endeavors, athletics and career development. Throughout its 110 classrooms, the school offers students a full opportunity to have access ~'espect!° sOmeandOf thepersonalnew technologieSresponsibility.available. More importantly, faculty and staff stress dignity, In addition to a quality education experience for learners, the school brings a sense of pdde and ownership to the City. It gives Boynton Beach prestige and helps to create an important sense of community. It is a vehicle for our children and can open up opportunities to them. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, hereby proclaim May 3, 2002, as: "Boynton Beach High School Day" on the occasion of the school's dedication and encourage all citizens to recognize the valuable contribution it makes to the community and its faculty and staff make to our children. In witness whereof, I have hereunto set my hand and caused the Seal of the City of ThousandB0ynt°n Beach,and two.Fl°dda' to be affixed at Boynton Beach, Florida, the 16th day of Apdl, Two ATTEST: Gerald Broening, Mayor City of Boynton Beach Clerk V.-ANNOUNCEMENTS & PRESENTATI'ONS Item B.l.d The strength of our nation, and all of its states, flows from the promise of individual equality and freedom of choice. Although Equal Opportunity is a right guaranteed to all Americans under Title Vlll .of the 1968 Civil Rights Law, the struggle against discrimination in housing continues. The anniversary of the enactment of Title VIII during the month of April is an occasion for AmericanS, individually and collectively, to rededicate themselves to the principle of freedom of choice and to participate in efforts to eliminate vestiges of housing discrimination wherever they occur. Since fair housing is consistent with the principle of quality and justice for all, we all need to share in the fight to ensure fair housing is a reality for all residents. Fair housing is the policy of the City of Boynton Beach, and implementation of that policy requires positive commitment, involvement and support of all our citizens. The City will continue to provide the necessary leadership to make fair housing not just an idea but an ideal for all our residents. Now, therefore, 1, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Flodda, hereby proclaim Apd12002 as: "Fair Housing Month" and urge all citizens to join the efforts to reaffirm fair housing opportunities for all people. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Flodda, the 16th day of Apdl, Two Thousand and two. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) V. ANNOUNCEMENTS & PRESENTA'rZONS CITY OF BOYNTON BEAC Item B.2 AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] March 19, 2002 March 6, 2002 (5:00 p.m.) [] May21, 2002 May 8, 2002 (5:00 p.m.) [] April 2, 2002 March 20, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m.) [] April 16, 2002 April 3, 2002 (5:00 p.m.) [] June 18, 2002 June 5, 2002 (5:00 p.m.) [] May 7, 2002 April 17, 2002 (5:00 p.m.) [] July 2, 2002 June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: To allow for a 10-15 minute presentation by Dr. Ananda Mitra summarizing the final report of the Recreation and Park Departments comprehensive needs assessment. EXPLANATION: On September 19, 2001, the Commission approved the implementation of a comprehensive recreation and parks needs assessment. Management Learning Laboratories conducted this project, under the direction of Dr. Mitra. 5000 questionnaires were mailed to randomly chosen members of the community in an effort to determine their attitudes and interests as they relate to parks and recreation. PROGRAM IMPACT: Accountability to taxpayers and our patrons, sensitivity to changing recreation and parks interests of the community, and recognition of the need for updating the baseline information for more efficient recreation and parks management. It will assist the Recreation Department in analyzing if any programming deficiencies exist. Additionally, it is the crucial first step in updating the Recreation, Park and Open Space Element of the City's Comprehensive Plan. FISCAL IMPACT: The cost of this project was $25,100 that was paid using the Recreation Program Revenue Fund.  ent Head's Signatirte ' '7 - Clt3719Ianager's Signature Recreation Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC Requeste? City Commission Mee:ing Dates [] Marcl~ 19, 2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 NATURE OF AGENDA ITEM .VI, CITY OF BOYNTON BEACH -AGENDA ITEM REQUEST FORM PUBLIC HEARING ITEM A. Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to CiW Clerk's Office Meeting Dates in to CiW Clerk's Office March 6, 2002 (5:00 p.m.) [] May 21, 2002 May 8, 2002 (5:00 p.m.) March 20. 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.j [] June 18, 2002 June 5, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) [] July 2, 2002 June 19, 2002 (5:00 p.m.) [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report 275: -< RECOMMENDATION: Please place this request on the April 16, 2002 City Comm/ssion Agenda under Public Hearing. The Community Development Agency Board with a unammous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-065. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CKS, Inc. (ANEX 02-001) Jeffrey Smith, JMS Design Inc. CKS, Inc. Lot 44 of Tradewinds Estates-South of Miller Road East of FEC Railroad Request Annexation of 0.67 acre of vacant land located in unincorporated Palm Beach Count. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~ N/A D evelol~bnCD el~rT~e:t~) k--~ctor '~' "~tC~ty Manager's Signature Planning and Zo~ifig Director City Attorney ~ Finance / Human Resources S:kPIanningxSHAREDWqPkPROJECTS\CKS, Inc~ANEX 02-001 kAgenda Item Request CKS ANEX 02-001 4-16-02.dot SSBULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLA~N~'ING & ZONING DIVISION MEblOR.~NDL'~I NO. PZ 02-065 TO: FROM: Cha;rman and Members planning and Development Board Dick Hudson, Senior Planner ~ THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: April 1, 2002 PROJECT DESCRIPTION Project/Applicant: Office/Warehouse Condominiums, CKS Inc. Agent: Jeffrey Smith, J-MS Desig-n Inc. Owner: CKS Inc. Location: East side of Old Dixie Highway bet~veen Miller Road and Gulfstream Boulevard File No: Annexation (AN-EX 02-001) Land Use Amendment/Rezoning (LUAR 02-001) Property Description: Vacant property of 0.67 acres of land located in ?anincorporated Palm Beach County, classified Commercial and zoned GC (General Commercial) Proposed change/use: To annex the subject property, to reclassify from Commercial to GC (General Commercial), and rezone from GC (General Commercial) to C-4 (General Commercial). Adjacent Land Uses and Zoning~. North: Undeveloped property classified Commercial and zoned GC (General Commercial - Palm Beach County) South: Developed property (Broward Pump and Supply Co.) classified GC (General Commercial) and zoned C-4 (General Commercial) East: Developed property (mobile home park) classified Commercial and zoned GC (General Commercial - Palm Beach County West: Right-of-way of Dixie High~vay, further west F.E.C. Railroad right-of-way, then Seacrest Scrub Preservation Area Page 2 CKS. Lac. File Numbers: AN'EX 02-001 and LUAR 02-001 PRO.FECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required ro revie~v the petition against the eight (8) criteria by ~vhich rezonings are to be reviewed as indicated in Section 9.C.7., as this petition is consistent with the city's Comprehensive Plan Future Land Use Map desig-nation for properties to be annexed within this vicinity. Instead, staff analysis wilt relate to consistency with other relevant pomons of the Comprehensive Plan, the city's annexation prog-ram and service capability. This commercial property xs less than 10 acres in s~ze, and therefore thi~ proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance reviexv" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if desired by the city, ~vill be adopted first, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until found "in compliance" by the DCA). The annexation of this parcel is consistent with the only policy within the comprehensive plan on annexation. Policy 8.10.4, which requires the establishment of an annexation progam, promotes orderly annexation, and prohibits the creation of ne~v enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. S rate annexation law allo~vs the annexation of enclaves that are less than 10 acres without the consent of property o~vners. Currently, obi ectives of the annexation program include annexing all enclaves less than l0 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10- acre threshold. The requested land use and zoning is consistent with the recommendations of Section VIlI Land Use Problems and Oppommities, sub-section 1.q., found in the support documents for the 1989 City Of Bovnton Beach Comprehensive Plan. In connection ~vith previous annexation. ' studies, depmm~ents most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are ali immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city ~,Sa the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. Ho~vever, with respect to water and ~vastewater utilities, the review of the proposed site plan (which was to have been reviewed concurrently ~vith the subject applications) identified the absence of wastewater lines directly accessible to the subject property. As part of site plan approval, access to city utilities, or an acceptable alternative, must be designed. The review of the site plan application has been delayed to allow for project engineers to evaluate and address this situation. Page 3 CKS, Inc. File Numbers: A~NEX 02-001 and LUAR 02-001 CONCLUSIONS/RECOblMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the: sub. leer request be approved, if conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they w~ll be included as Exhibit "B". ATTACH2MENTS $4_q H~RDATA\P lanmn g~Hud.~on',.C K~ [nc\ LUA.Rts~aff relx~rt doc Location Map CKS Inc. EXHIBIT "A" LN iL 8O0 1600 Feet N VI. CITY OF BOYNTON BEACI _AGENDA ITEM REQUEST FORM PUBLIC HEARING ITEM B. Requested City Commission Meetin~ Dates Date Final Form Must be Turned in ro City Clerk's Office Requested City Commission Meeting Dates Date Final Form Mu~t be Turned ~n to CiW Clerk's Office [] March 19, 2002 March 6, 2002 (5:00 p.m.) [] May 21, 2002 May 8, 2002 (5:00 p.m.) [] April 2.2002 March 20, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m.) [] April 16, 2002 April 3, 2002 (5:00 p.m.) [] June 18, 2002 June 5, 2002 (5:00 p.m.) [] May 7, 2002 NATURE OF AGENDA ITEM April 17, 2002 (5:00 p.m3 [] July2, 2002 June 19. 2002 (5:00 p.m.) [] Administrative [] Development Plans [] Consem Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the April 16, 2002 City Commission Agenda under Public Hearing. The Community Development Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-065. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CKS, Inc. (LUAR 02-001) Jeffrey Smith, JMS Design Inc. CKS, Inc. Lot 44 of Tradewinds Estates-South of Miller Road East of FEC Railroad Request to Amend the Comprehensive Plan Future Land Use Map from Commercial (Palm Beach County) to General Commercial (GC) for 0.67 acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard. Request to Rezone General Commercial (CG-Palm Beach County) to General Commercial (C-4) of 0.67acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard. PROGRAM IMPACT: N/A ALTERNATIVF-~ N/A D/~v~o~e~ 15epaft~nen"'~Director ' C'lty Manager's Signature Planning and Z0rni~Director City Attorney / Finance / Human Resources S:~lanningXSHARED\WPXPROJECTS\CKS, Inc'~LUAR 02-001'~Agenda Item Request CKS LUAR 02-00l 4-16-02.dot S:'~BULLETINWORMSLa. GENDA ITEM REQUEST FORM.DOC DEl/EL OPMENT DEPARTMENT PLA.NNING & ZONING DIVISION MEMO1L~NT)U-M NO. PZ 02-065 TO: FROM: THROUGH: DATE: Project/Applicant: Agent: Own er: Location: File No: Property Description: Chairman and Members Planning and DeveIopment Board .-, / Dick Hudson, Senior Planner ~ Michael W. Rumpf Direcror of Planning and Zoning April 1, 2002 PROJECT DESCRIPTION Office/Warehouse Condominiums, CKS Inc. Jeffrey Smith, JMS Design Inc. CKS Inc. East side of Old Dixie Highway between Miller Roadand Gulfstream Boulevard Annexation (ANEX 02-001) Land Use Amendment/Rezoning (LUAR 02-001) Vacant property of 0.67 acres of land located in unincorporated Palm Beach County, classified Commercial and zoned GC (General Commercial) Proposed change/use: To annex the subject property, to reclassify from Commercial to GC (General Commercial), and rezone from GC (General Commercial) to C-4 (General Commercial). Adjacent Land Uses and Zoning: North: South: East: West: Undeveloped property classified Commercial and zoned GC (General Commercial - Palm Beach County) Developed property (Broward Pump and Supply Co.) classified GC (General Commercial) and zoned C4 (General Commercial) Developed property (mobile home park) classified Commercial and zoned GC (General Commercial - Palm Beach County Right-of-way of Dixie Highway, further west F.E.C. Railroad right-of-way, then Seacrest Scrub Preservation Area Page 2 CKS. [nc. File Numbers: ANEX 02-001 and LUAR 02-001 PROJECT ANALYSIS Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required ro review the petition against the eight (8) criteria by which rezonings are ro be reviewed as indizated in Section 9.C.7., as this pention is consistent with the citv's Comprehensive Plan Future Land Use Map designation for properties to be annexed within this vicimty. Instead, staff analysis ~vill relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation progam and service capability. This commercial property is less than 10 acres in size, and therefore thi~ proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is nor subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if desired by the city, will be adopted first, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until found "in compliance" by the DCA). The annexation of this parcel is consistent ~vith the only policy within the comprehensive plan on annexation. Policy 8.10.4, which requires the establishment of an annexation progam, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation progam through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners. Currently, objectives of the annexation progam include annexing all enclaves less than 10 acres, and to incrementally annex enclave propemes with the intent to reducing them below the 10- acre threshold. The requested land use and zoning is consistent w/th the recommendations of Section VIII Land Use Problems and Ocpormnities, sub-section 1.q., found in the support documents for the 1989 City Of Bovnton Beach Comprehensive Plan. In connection with previous annexation. ' studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to ser~4ce capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve adjacent unincorporated properties; and Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EMS only). With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. Ho~vever, with respect to water and wastewater utilities, the review of the proposed site plan (which was to have been reviewed concurrently with the subject applications) identified the absence of wastewater lines directly accessible to the subject property. As part of site plan approval, access to city utilities, or an acceptable alternative, must be designed. The review of the site plan application has been delayed to allo~v for project en~neers to evaluate and address this situation. Page 3 CKS, Inc. File Numbers: ANEX 02-001 and LUAX 02-001 CONCLUSIONS/RECOblMENDATIONS As indicated herein, this request ~s consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "B". ATTACHMENTS I3 S H RDATA~lanning\ Hudion\CKS Inc\ LUARX-s taft report.doc Location Map CKS Inc. EXI"-'I I B IT "A" LN L 8O0 1600 2400 N Requested City Commission Meeting Dates [] March t9. 2002 [] April 2.2002 [] April 16. 2OO2 [] May 7, 2002 NATURE OF AGENDA ITEM VI. CITY OF BOYNTON BEAC] _AGENDA ITEM REQUEST FORM PUBLIC HEARING ITEM C. Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20.2002 (5:00 p.m.) April 3. 2002 (5:00 p.m.) Requested City Cornmiss~on Meetin g Dates Date Final Form Must be Turned in to CiW Clerk's Office [] May 21. 2002 May 8, 2002 (5:00 p.m.} [] June 4.2002 May 22, 2002 (5:00 p.m.} [] June 18, 2002 June 5. 2002 (5:00 p.m.) April 17.2002 (5:00 p.m.) [] July 2, 2002 June 19, 2002 (5:00 [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the April 16, City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved subject to staff comments, and additional conditions to optimize roof-top screening, ensure proper maintenance of hedge height, te eliminate dead or decaying trees, add additional perimeter trees, and confirm lighting fixtures meet new wind load standard. For further details pertaining to the request, see attached Department of Development Memorandum No. 02-066. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Wendy's ~ Riverwalk Jennifer Liszak, Land Design South Riverwalk Plaza Joint Venture SE Comer Woolbright Road & Federal Highway/US 1 Request Conditional Use Approval for fast food restaurant with a drive-through facility. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTER_NATIVES: N/A Develop~e~u~tor City Manager's Signature Planning and Z~g Director City Attorney / Finance / Human Resources SSPIanningkSHARED\WPkPROJECTS\Wendy's ~ Riverwalk\COUSkAgenda Rem RequestWendy~Riverwalk 4-16-02.dot SSBULLETIN~ORMSX~GENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANT)b~M NO. PZ 02 - 066 TO: FROM: Chairman and Members Planning and Development Board Michael W. Rumpf Director of Planning & Zoning DATE: April 4, 2002 SUBJECT: Wendy's ar Riverwalk Plaza -COUS 02-001 Conditional Use / Site Plan Approval - (Drive-through window facility for the Wendy's Restaurant ro be located within the Riverwalk Shopping Plaza) PROPOSAL SUMMARY Land Design South, agent for Riverwalk Joint Venture is seeking conditional use / major site plan modification approval for a restaurant with a drive-through facility. The applicant proposes to construct a one- (1) story, 3,170 square foot fast-food restaurant to be located in the Riverwalk Shopping Plaza. Currently, the location of the proposed restaurant is developed as a parking lot to support the Riverwalk Shopping Plaza. A fast-food restaurant is a permitted use in the C-3 zoning distr/ct. The conditional use is only required for the drive-through feature proposed at the east side of the building. The drive-through lane will commence at the ~vest side of the building, wrap around the south o f the building and terminate on the east side of the building. No portion of the drive-through feature will be located along Woolbright Road. The Riverwalk Shopping Plaza site plan ident/fied the subject site for future development as a restaurant. For technical clarification, this project is not a new site plan on a vacant out-parcel but rather a major modification to the Riverwalk Shopping Plaza site plan. The boundary of the "leased area" is not used to determine setbacks, parking, and landscape requirements. The entire project is to be built in one (1) phase. Applicant/Agent: Riverwalk Joint Venture / Land Design South Project name: General Description: Wendy's at Riverwalk Plaza Fast-food restaurant (3,170 square feet) with a drive-through feature Overall Property size: 426,670 square feet (9.795 acres) "Leased Area" size: 30,032 square feet (0.69 acre) Land use: Local Retail Commercial (LRC) Zoning: Location: Community Commercial (C-3) South side of Woobright Road, west of the Intracoastal Waterway, east of U.S. 1 in Riverwalk Shopping Plaza (See Exhibit "A" - Location Map) Total Building area: 3,170 square feet (See Exhibit "B" - Proposed Site Plan) Wendy's a[ Riverwalk Plaza - COUS 02-001 Page 2 Memorandum No. PZ 02 - 066 Surrounding land uses/zoning: North - Right-of-way for Woolbright Road, farther north, Gulfstream Apartments classified High Density Residential (HDR), zoned Multi-family Residential (R-3); East- Riverwalk Shopping Plaza classified Local Retail Commercial (LRC), zoned Community Commercial (C-3) and farther east is vacant property classified Local Retail Commercial (LRC), zoned Community Commercial and still farther east is the Intracoastal right-of-way; South- Riverwatk Shopping Plaza classified Local Retail Commercial (LRC), zoned Community Commercial (C-3) and farther south is undeveloped property classified High Density Residential (HDR), zoned Multi-family Residential (R-3); and West - River~valk Shopping Plaza / Southtmst Bank classified Local Retail Commercial (LKC), zoned Community Commercial (C-3) and farther west is the U.S. I ~ht-of-way. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property will be located in the northeast corner of the River,va& Shopping Plaza. Comparable to outparcels located in Planned Commercial Districts. this project will utilize existing access drives of the Riverwalk Shopping Plaza. Currently, the shopping plaza has three (3) main points of ingress / egress. Two (2) of the access drives are located along Woolbright Road and the third is located along U.S. 1. None of the shopping center's access drives will be altered as a result of this project. This project does not propose any direct connection onto Woolbright Road. The restaurant "leased area" will have one (1) point of ingress and one (I) point of egress. These drive aisles will connect with an existing drive aisle in the Riverwalk Shopping Plaza. The width of each proposed drive aisle that surrounds the proposed restaurant will be 19.83 feet. Sidewalks and their respective markings will connect the restaurant to Woolbright Road in order to provide added safety to pedestrians. This project must obtain Wen(~y's at Rivet'walk Plaza - COUS 02-001 Page 3 Memorandum No. PZ 02 - 066 Palm Beach County Traffic Division approval with regard to traffic concurrency prior to the zssuance ora City bui/ding permit,/'see Exhibit "C "- Conditions of Approval). Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the ciD' as a whole. Required parking for restaurants is based upon either one (1) space per i00 square feet of gross floor area or one ~'1) space per 2.5 seats, whichever is the more stringent methodology of the two. Since the more stringent parking requirement is based upon the total square footage of the restaurant, the required parking for the restaurant will be 32 spaces. City records indicate the shopping plaza is vested for 457 parking spaces. This figure is based on a parking ratio that was in effect at the tzme the center was constructed. There are 50 e:cisting parking spaces where the restaurant is to be built. The ~Vendy's "leased area" will restore 32 parking spaces, including two (2) spaces designated for handicap use ?see exhibit "C"- Conditions of ApprovaO. This net loss off8 parking spaces will not cause the Riverwalk Shopping Plaza to fall below its vested number. Angled parking spaces (60 degrees) are proposed along the east and west sides of the restaurant. The parking space dimensions will be in compliance with the Americans with Disabilities Act (ADA) regulations and City Engineering Drawings. The handicap spaces will be located near the west entrance of the building. The parking, drive-through lane, and drive aisle areas will surround all sides of the building. No parking however is proposed north of the building. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. A ctumpster enclosure will be located at the southeast corner of the subject site. It will be located in an area that is unobtrusive to pedestrian and vehicular traffic and is unnoticeable from ~Voolbright Road, U.S. 1, or residentially zoned property. The dumpster location is positioned in such a way to facilitate efficient removal of trash. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed pervious or "green" area is 2,849 square feet or 9% of the total "leased area" of the site. As proposed, the development of the restaurant would cause an insignificant change to the total amount of pervious area for the entire shopping plaza. Currently, the site is developed as a parking lot for the Riverwa& Shopping Plaza. The project is designed to eliminate and / or reconfigure the parking spaces in order to construct a restaurant and to enhance the perimeter landscaping. The north (along ~Voolbr~ght Road) and east landscape bt(fers contain Live Oak trees and Redtip Cocoplum hedges and proposes £xora Nora Grant shrubs, and Dwarf Schefflera. The west landscape buffer will contain existing trees and proposes Redtip Cocoplum hedge. The plant material that will surround the building will consist of the .following: Solitaire Palms, Spanish Stopper, [.,cora Nora Grant, Variegated Liriope, and Dwarf Atlemanda. The intent of the code is to have all parking lot areas screened with landscaping from public rights-of-way. If the construction of the restaurant causes a ground elevation change, rendering the existing landscape material along Woolbright Road to become inadequate c~s it Wendy's ar Riverwalk Plaza - COUS 02-001 Page 4 Memorandum '4o PZ 02 - 066 relates to the intent of the_code, then said landscape material shall be enhanced subject ro the sattsfaction of the Ci~ landscape ingp~ctor. Staff also recommends that the applicant meet with the Ci~. Forester / Environmentalist to review the existing landscape material / irrigation system east of the Winn Dbcie building. The requirement would be to enhance the existing landscape material to be equal to or better r/tan the originally approved plan (see Exhibit "C" - Conditions of Approval?. 6. Sig-ns, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony 5vith adjacent and nearby properties. This conditional vse application proposes two (2) wall signs for the restaurant. These wall signs are proposed on the fi'ont (north)facade and the side (wesO building facades. The wall sign proposed on the front facade will be 43.75 square feet in area. The second wall sign (west elevation) will be 2]. 75 square feet tn area. Collectivet~v, both wall signs will be 65.50 square feet in area, including the "Wendy's Girl" logo. Should the building size or frontage slightly change during the permitting process, all wall signs on the building (north and west elevation) must comply with Chapter 21, Article ~ Section 3. C. (see Exhibit "C" - Conditions of ApprovaO. The north wall sign will face north and have direct e~,cposure onto Wootbright Road. The smatler wall sign (west elevation) will also be visible from Woolbright Road. The applicant is not proposing any freestanding monument or pole signs. The required site lighting for the parking areas will exceed development standards. Site lighting shall not be of an intensity that produces glare on adjacent properties (Chapter 9, Section 10. C.). Staff recommends that the proposed outdoor freestanding lighting f~'ctUres and lighting levels (footcandles) shall be compatible with the existing shoppmg center so as to not cause excessive glare within or onto adjacent properties, specifically the residentially zoned property directly to the north of Woolbright Road (see Exhibit "C" - Conditions of Approval). The photometric plan will be reviewed at the time of permitting. 7..Required setbacks and other open spaces. The proposed buildings and drive-through lane will meet all setback requirements of the C-3 zoning district. The building and open space w. ilI meet minimum code requirements. 8. General compatibility with adjacent property and other property in the zoning district. bz general, the proposed use is compatible with the commercial uses of the existing shopptng center and the C-3 zoning district. There will be minimal on-site impact and no adverse effects will occur from the fast-food restaurant use. The site plan provides adequate buffering and the drive-through lane will have little or no impact on the adjacent properties or the surrounding area. The front entrance for the restaurant will face towards Woolbright Road, although a seco nd entrance is proposed along the west building side. The building 'colors and roof material are compatible with the existing buildings in the shopping plaza. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable height for the C-3 zoning district is 45 feet. The proposed Wendy's restaurant building is designed as a one-story structure with the maximum height not to exceed 18 feet. The building height is compatible in comparison with the neighboring commercial properties. I0. Economic effects Sn adjacent and nearby properties, and the city as a whole. Wendy's ar Riverwalk Plaza - COUS 02-001 Page 5 Memorandum No. PZ 02 - 066 The proposed use will c~n-stitute additional convenience and choice jbr the City residents. [t fronts on a major arterial (Woolbright Road) and is in close proximity to Interstate 95. which makes the proposed restaurant an appropriate use for this site. Also. it's close proxunzG, to residential neighborhoods ,takes the proposed location a goodplace' for this type of development. 1 1. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed prOject will comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement ot' nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of alt conditions and staff recommendations contained herein, the proposed restaurant with drive-through facility would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. Also, staff recommends that the audio component and menu board for the drive through facility project its sound to the interior of the site and be of a level as to not create a disturbance to the residential neighborhood to the north (see Exhibit "C" - Conditions of Approval). £n conclusion, the applicant will have to apply for and obtain all necessary approvals and licenses in order for a certificate of occupancy to be issued. RECOMMENDATION Based on the discussions contained herein, compliance with development regulations, and the consistency with the Comprehensive Plan, staff recommends that this request be apprOved subject to satisfying ail conditions of approval as contained in Exhibit "C". Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. LO/ell SSPiannin$~SI.J,.AKI~D\VO~ROJECTS\Wendy's ~ Riverwatk\COUSkStalTReportd~ PM LocATION MAP Wendy's at Riverwalk PlaZa EXHIBIT "A" U EC I/8, MILES 400. '800 EXHIBIT "B" (~i(~ ~ -! / / / ?1f /1/ / / , / ! RIVERWALK ,SHOPPING PLAZA WENDY'S OUTPARCEL I~I~AFIllD FOR In, fiI~I:IW~M.K PLAZA ,JOINT ¥1~N'T1J$11" ¢4'rY OF 80YNTON BEACH, L%ORIDA DESIGN SOUTH EXHIBIT "B" I t III RIVERWALK SHOPPING PLAZA WENDY'S OUTPARCEL PFI~PAR~3 FOR I~II~E~WALJ( PLAZA ~31NT VENT1.1F~ JL~D DESIGN~ .... ~ - ~.verwaik\A2,c]wg FP~ Mar _P~ '~8:05.~7 ~00~ EXHIBIT "B" II I~ ,ltll'i 'ii il:q! I!! ql Iii qi I!i Iii I~ ~I I". ?' I" i~ I~' P I , '1 · __ ii i /// / i m ~ EXHiBiT ' ~.,~ =~ ~ '" fl "B" ~ , (~) ~6,-~7~0 ~A~ ('~1) ~e-,,1757 O~T'AILS ~ EXHIBIT "C" Conditions of Approval Project name: Wendy's @ Riverwalk Plaza File number: COUS 02-00t Reference: ?a revtew plans identified as Conditional Use/Site Plan with a March 26, 2002 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: i. All utility easements shall be shown on the rectified site plan and X landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of- way. 2. Palm Beach County Health Department permits will be required for the X ' water and sewer systems serving this project (CODE, Section 26-12). 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (LDR, Chapter 6, Article IV, Section 16), or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(a)). FIRE Comments: 4. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. POLICE Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X ENGINEERING DIVISION Comments: 5. Show all existing utilities on site characteristics map (survey) and site X development plan (LDR, ChaPter 4, Section A.3). Master Site Plan and survey do not agree. 6. On the lighting plan, specify that the light poles shall withstand a 110 MPH X wind load. BUILDING DIVISION Comments: 7. Verify that the proposed elevation is in compliance with regulations of the X code by adding specifications to the site data that address the following issues [Section3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1. 997 edition of the Standard Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finished floor elevation__ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations'." b) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 8. Place a note on the elevation view drawings indicating that the wall openings X and wall construction comply with Table 600 of the 2001 edition of the Federal Building Code. 9. At time. of permit review, submit signed and sealed working drawings of the X proposed construction. 10. At the time of permit review, submit for review an addressing plan for the X. Project. Conditions of Approval 3 DEPARTMENTS iNCLUDE REJECT PARKS AND RECREATION Comments: 11. Submit detailed irrigation plans for right-of-way landscape and irrigation X improvements during the construction document permitting stage, for review and approval by Parks DePartment and Public Works Department staff. Include on the plan location of any existing irrigation in the right-of-way. FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONiNG Comments: 12. Provide a detail of the outdoor lighting structure, including the dimensions, i X color, and material. Site lighting to be consistent with shopping center. 13. Site lighting shall not be of an intensity that produces glare on adjacent X properties (Chapter 9, Section 10.C). Staff recommends that the proposed freestanding outdoor lighting fixtures and illumination levels shall be compatible with the existing shopping center. 14. On the site plan, add to the note regarding deliveries the hours of operation X for the restaurant. 15. Include a color rendering of all elevations prior to the Community 'X Redevelopment Board meeting (Chapter 4, Section 7.D.2.). 16. On the landscape plan plant schedule, indicate the specifications for the X double-trunk Solitaire Palm (PE) trees. 17. All parking lot areas shall be screened with landscaping from public rights-of X way. If the construction of the restaurant causes a ground elevation change, rendering the existing landscape material along Woolbright Road to become inadequate as it relates to the intent of the code, then said landscape material shall be enhanced subject to the satisfaction of the City landscape inspector. 18. All above ground mechanical equipment such as exterior utility boxes, X meters, and transformers, shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the building color. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT t9, Re-label the elevation drawing to show that 67.5 feet is the maximum allowed X for all wall signs. 20. Should the building size or frontage slightly change during the permitting X process, all wall signs on the building (north and west elevation) must comply With Chapter 21, Article IV, Section 3.C. 21. On the elevations, correctly label each faCade as north, south, east or west. X 22. The current site plan does not show proposed awnings to be placed over the X drive-through windows. Please show these on the plans submitted for building permit review. Awnings must comply with all applicable code requirements. 23. Staff recommends that the audio component and menu board for the drive X through facility project its sound to the interior of the site and be of a level as to not create a disturbance to the residential neighborhood to the north. 24. Pursuant to Chapter 2-Zoning, Section 11.2 Conditional Uses, a time limit is X to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. 25. The project must receive approval for traffic concurrency from Palm Beach X County Traffic Engineering prior to building permit issuance. ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Comments: , . 26. All free standing outdoor lighting fixtures/poles shall meet current wind load X standards. 27. Roof top equipment screening to be no lower than the highest piece of roof X · top equipment, including all mechanical and ventilation items. 28. 'Perimeter or parking lot hedges Shall be maintained no less than 30 inches. X 29. The City Forester/Environmentalist shall examine the four (4) trees to be X preserved along the north property line. If found to be in proof condition, they shall be replaced with live Oak trees. Conditions of Approval 5 DEPARTMENTS INCLUDE REJECT 30. Add 2 trees along west side of"leased parcel", each evenly spaced on both sides of X proposed trees. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 31. To be determined. S:\Planning\SHARED\WP\PROJECTS\Wendy's @ Riverwalk\COUS\Condition of Approval 2 page revised 2002 form.doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Wendy's @ Riverwalk Plaza Land Design South 1280 North Congress Avenue Suite 215 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2002 Conditional Use / Major Site Plan Modification Northwest corner of the Riverwalk Shopping Center located on the south side of Woolbright Road, east of U.S. 1 and west of the Intracoastal Waterway. SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant 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 5o This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk \\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\Wendy's (~ Riverwalk\COUS\DO.dOc Requested City Commission Meeting Dates [] March 19, 2002 [] Apd12,2002 [] Apfll 16,2002 [] May 7, 2002 VZ.-PUBLIC HEARING ITEM D. - CORRECTED CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May21,2002 [] June 4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned ~n to CiW Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the April 16, 2002 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 4 to 2 vote, recommended that the subject request be approved subject to changes to staff comments to address further minimum site lighting standards; to limit outdoor amplified music/sound to Fridays and Saturdays; to allow staffto establish the acceptable outdoor sound level and activity; and to ensure that special events meet minimum parking requirements. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-061. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CAFI~ LA NOTTE Lisa Collomb Schgai, Inc. 2280 North Federal Highway Request Conditional Use Approval to allow operation of a nightclub in a C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A D ~loiS~ent~D ep~rtmen'~ire ctor Planning and Zontm~ Director City Manager's Signature City Attorney / Finance / Human Resources S:kPIanning\SHARED\WP~PROJECTS\Cafe La NottekAgenda Item Request Cafe La Notte 4-16-02.dot S:kBULLETIN~ORMSkAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-061 TO: Chairman and Members Community Redevelopment Agency FROM: Michael Rumpf Director of Planning and Zoning DATE: March 26, 2002 SUBJECT: Caf~ La Notte - COUS 02-002 Conditional Use Approval o Nightclub/Restaurant PROPOSAL SUMMARY Contained herein is a description of the subject project. The applicant is requesting conditional use approval to operate a nightclub in a restaurant under the name of "Caf~ La Notte". The use is proposed for the existing 14,099 square foot, two-story building located at 2280 North Federal Highway. The current zoning of the property is C-3 requiring conditional use approval for the nightclub. The site is situated on the east side of Federal Highway at the foot of Gateway Boulevard just south of Las Palmas. It has approximately 124 feet of frontage along the Intracoastal Waterway. Boat docking facilities are also available at the site. The entertainment proposed by the applicant includes amplified music provided by live entertainment or by a Disk Jockey. The hours of operation will be from 9:00 PM to 2:00 AM. Alcoholic beverages will be served. Prior to 1988, bars and coctail lounges were permitted uses within the C-3 zoning district. A nightclub has been intermittently operated at this location for many years. The city had licensed the nightclub use prior to 1988, as well as for several years after 1988 based on its legal-nonconforming status. It was in 1988 when city regulations were amended to require that bars and cocktail lounges be conditional use if within 600 feet of a residential zoning district. In December, 2000, city regulations were again amended to specifically establish the "Nightclub" as a conditional use, regardless of distance from a residential zoning (:istrict. Under current regulations a "nightclUb" is defined as "a restaurant, bar, lounge or similar establishment serving alcoholic beverages, that feature dancing, theatrical, cabaret, or similar entertainment and/or electronically amplified music". It is understood that a nightclub use on the property was ultimately discontinued and no longer licensed for over 6 months, consequently losing its legal-nonconforming status. Current regulations now apply to the property including the requirement for conditional use approval. Applicant/Agent: Project name: General descriotion: Property s~ze: Land use: Current Zoning: Lisa Collomb Caf~ La Notte Conditional use approval for Restaurant with Nightclub Total Site: 4.159 acre Parcel on North US-1 at Gateway Boulevard1181,166 square feet Local Retail Commercial (LRC) Community Commercial C-3 Caf6 La Notte- COUS 02-002 Page 2 Memorandum No. PZ 02-061 Location: 2280 North Federal Highway (See Exhibit "A"-Location Map). Building area: 14.099 sauare foot existing, two-story building (See Exhibit "B" - Site Plan). Surrounding land uses/zoning: North - Texaco Gas Station zoned C-3 and single-family homes within Las Palmas zoned R-l-AA: South - Vacant parcel (future Intracoastal Park) zoned REC; East - Intracoastal Waterway/Lake Worth; West - U.S.-1 and FEC railroad right'-of-way, and farther west a convenience store zoned C-2. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the a-2plication as it pertains to standards. The Planning and Developmen[ Board and City Commission shall Consider only such conditional uses as are authorized unoer the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the prOtection of the surrounding area and the citizens' genera welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate access exists on site. The parcel has access from Federal Highway to the west and Las Palmas to the north. Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, no~se, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. A restaurant/nightclub use is required to have one (1) parking space per two and one-half (2. 5) seats, but not less than one (1) space per one hundred (100) square feet of gross floor area. Using that methodology the proposed use requires a total of 232 spaces. This is based on the nightclub capacity of 580 seats (2~d floor only). The site has 244 off-street parking spaces. Therefore, parking requirements are met, based in part, on the assumption that use of both the restaurant and proposed nightclub would have offsetting hours of peak operation. 3. Refuse' and service areas, with particular reference to the items in subsection 1 and 2 above. Caf~ La Notre - COUS 02-002 Page 3 Memorandum No. PZ 02-061 Dumpsters are located on site and waste is removed by the City of Boynton Beach. See conditions of apprSval for recommendations relative to added screening. 4. Utilities, with reference to locations, availability, and compatibility. The Utility Department has indicated that utility services/capacity are available for this new tenant use. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. No new site ~mprovements are proposed. A six (6) foot high waft and 10 to ~2 foot hedge extends along the north side of the properly where the property abuts those single-family homes located west of the adjacent canal. This wall separates the adjacent homes from the parking lot and a portion of the existing structure. However, the hedge stops [~rior to the dumpster enclosure, and the wail stops midway along the building, at the easternmost terminus of the finger canal from the Intracoastal Waterway. The remainder of the northern per/meter has limited landscaping, some apparently within planter boxes or pots, and is naturally limited by lack of adequate space to a/Iow the continuation of the buffer wall along the entire length of the property (the code requires a CBS wall, painted to match the structure, where a commercial district abuts a residential district). This buffer waft would have limited affect as a sound buffer due to the close proximity to the adjacent residential properties, and due to the fact that the commercial building is two stories in height. Staff was unable to determine ifa variance or relief against this segment of the wail was ever approve or determined unnecessary possibly dse to separation by the canal. Although there also exists several mature canopy trees spotted along the perimeter wall, but not dense enough to form a continuous buffer or screen above the wail, the mature hedge is very tail and therefore likely blocks the majority of light, and some sound generated from the parking lot. With respect to the south property line, where the property abuts the planned city park, there exists a six (6) foot hedge along the first haff of the parking lot, which increases to approximately 10 feet for the remainder of the distance to the building. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The parking lot contains lighting. No new lighting is proposed. The Engineering Division has requested a certification letter stating that the site meets the mimmum lighting regulations (See Exhibit "C"- Conditions of Approval). Error! Not a ,'alid link. No new signs have been submitted with this conditional use application. One freestanding pole sign ¢s located at the Federal Highway entrance. 7. Required setbacks and other open spaces. The proposed use does not affect setbacks or open space requirements. General compatibility with adjacent property and other property in the zoning district. The subject property has been used as a restaurant and lounge for over 20 years. Occupational License information indicates that since 1983, the property has been occupied by ~ 7 restaurant businesses, some of which simultaneously operated nightclubs. The current code requires the conditional use application for the nightclub. Caf~ La Nc[~e - COUS 02-002 Page 4 Memorandum No. PZ 02-061 The proposed use and the adjacent, waterfront single-family homes are not typically compatible uses. particularly i-n iocations with lower density housing or outside the ¢mmediate downtown core. It should be noted that the property is currently under contract for purchase by a residential development company, and staff has met with two developers (residential) in the past 2 months to discuss development scenarios and allowable densities on the site. Staff reviewed police records that document calls on the subject proper~y, and determined that in 1992 there were 105 complaints on/calls to the Subject property. This total included categories such as "disturbance" (including "disturbance-noise)", "suspic¢ous ~ncident", "burglary': "unwanted guest", "vandalism". "narcotics", "assault", and "trespassing". It should be noted that this list contains 22 calls for noise disturbances, and that this list is not all inclusive as it excludes other categories including "accidents", "civil", and "larceny". Calls from an earlier period, 1989, were also tabulated and revealed that a total of 39 calls to the subject property related to noise. It is also noteworthy that the majority of pofice caIls occurred on Sundays, during the afternoon or early evening periods. Staff is unable to determine the total days the nightclub operated during the two-year periods for which police records were reviewed. The subject commercial property basically represents an isolated d/strict or spot zone, unrelated to adjacent land uses (excluding those land uses on the opposite side of Federal Highway). Despite its current existence, and that it was originally developed for a restaurant and nightclub, the proposed use, at minimum, should not generate nuisances within this residential neighborhood. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The existing two-story building meets the code requirements for the C-3 Commercial zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The restaurant use is cperational. Approval of this conditional use application will aflow the addition of the nightclub operation. One lot immediately adjacent to the existing building remains vacant, however, the adjacent neighborhood is nearly built-out with upscale, waterfront, single- family homes, some of which are new or under construction. Due to the existence of the waterfront amenity, the negative character/st/cs generated from the nightclub or restaurant may be offset (staff did not review nor compare comparable residential property value records). Otherwise, given the current characteristics of new homes within the adjacent neighborhood, it is difficult to determine the potential local and city-wide economic impacts from the past operation of the nightclub. 11. Conformance to the standards and requirements that apply to site plans, as set forth in City of Boynton Beach Land Development Regulations, Chapter 4 Site Plan Review. With ~ncorporation of staff comments, the site wifl comply with most requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance Caf~ La Notre- COUS 02-002 Page 5 Memorandum No. PZ 02-061 With/hcorporation ef the site lighting, landscaping, and specific operational requirements as indicated herein, tl~e use would likely operate in a manner that/s in compliance with the above- referenced codes and ordinances of the City of Boynton Beach. Of course, strict enforcement and policing are necessary to minimize or eliminate associated nuisances. CONCLUSIONS/RECOMMENDATION Given that the structure was built for a waterfront restaurant and nightclub, its prior licensed use as a nightclub, and the possibility for compatibility if the aforementioned restrictions are followed, staff recommends that this request be approved, subject to the following site improvements and ooerational restrictions which are also included within Exh bit "C'-Condit'ons of Approval: 1 ) The nightclub use shall be limited to only the 2nd floor of the existing structure; 2) Provide additional screening (vegetative or other) on the north side of the dumpster to reduce sounds and odors from carrying northward; 3) Outdoor events which would include music, intercoms, loud speakers, etc. shall be prohibited; 4) No music, other amplified sounds, or vibration generated from the interior of the ~uilding, whether from the restaurant, lounge or nightclub shall be audible from adjacent properties except for that generated during the occasional opening or closing of doors during operation (no exterior doors shall be left open except during periods when no amplified music or noise is generated from the pro perry); 5) No project lighting shall produce glare onto adjacent residential property; 6) No nightclub shall remain open after 2:00 a.m.; 7) Nightclub operation shall be limited to Fridays and Saturdays (and Sunday's until 2:00 a.m.); and 8) If/when regular attendance at the proposed nightclub meets or exceeds capacity, or when s~)ecial events are anticipated to attract same, the Police Department shall be consulted with To determine optimal policing/security to prepare for and avoid potential noise and other related problems. Recommendations from Police Department shall be adhered to. 9) The nightclub operator shall present when applying for an occupational license, a notarized affidavit agreeing to the operational requirements that become conditions of approval. MR/Ig Attachments \\CH\MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\Cafe La Notte\Staff Reoort-COUS 02-002.doc Location Map Cafe La Notte 800 0 800 1600 2400 Feet Caf8 La Notte EXHIBIT "E EXHIBIT "C" Conditions of Approval ProJect name: Caf~ La Notre File number: COUS 02-002 Reference: 2"'~ review plans identified as Conditional Use Site Plan with a March I9. 2002 Planning & Zoning De date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES , Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. Provide location of site lighting prior to CRA meeting. X 2. Provide photometrics to assure safety and demohstrate no "bleeding" of light X onto adjacent properties (north side). A certification letter showing that this site_ meets minimum regulation is adequate. BUILDING DWISION Comments: None X PARKS AND RECREATION · Comments: None X FO RESTER/ENVIROiXFMENTAL IST Comments: None X Conditions of Approval 2 DEPARTMENTS - FNCLUDE REJECT PLAN2'4'EN'G AND ZONING 3. The nightclub use shall be limited to only the 2'~d floor of the existing X structure. 4. Provide additional screening (vegetative or other) on the north side of X the dumpster to reduce sounds and odors from carrying northward. 5. Outdoor events ~vhich would include music, intercoms, loud X speakers, etc. shall be prohibited. 6. No music, other amplified sounds, or vibration generated from the X interior of the building, whether from the restaurant, lounge or nightclub shall be audible from adjacent properties except for that generated during the occasional opening or closing of doors during operation (no exterior doors shall be left open except dunng periods when no amplified music or noise is generated from the property). 7. No project lighting shall produce glare onto adjacent residential X Property. 8. No nightclub shall remain open after 2:00 a.m. X 9. Nightclub operation shall be limited to Fridays and Saturdays (and X Sunday's until 2:00 a.m.). 10. If/when regular attendance at the proposed nightclub meets or X exceeds capacity, or when special events are anticipated to attract same, the Police Department shall be consulted to determine optimal policing/security to prepare for and avoid potential noise and other related problems. Recommendations from Police Department shall be adhered to. 11. The nightclub operator shall present when applying for an X occupational license, a notarized affidavit agreeing to the operational requirements that become conditions of approval. DEPARTMENTS EN~CLUDE REJECT ADDITIONAL COMMUR'JITY REDEVELOPMENT AGENCY CONDITIONS Comments: 12. Site lighting details and photometric details shall be added to the plan X drawings to the satisfaction of staff pr/or to review by the City Commission (see comment #2). 13. Amplified outdoor music and sound shatl be limited to Fridays and X Saturdays. The acceptable magnitude and decibels of outdoor sound shall be established by staff taking into account types of anticipated events and possibility of compatibility with adjacent residences, and the close proximity to adjacent residences. 14. If/when regular attendance at the proposed nightclub meets or exceeds X capacity, or when special events are anticipated to attract same, the Police Department shall be consulted to determine optimal policing/security to prepare for and avoid potential noise and other related problems, and to ensure that special events meet parking requirements. Special events that would not meet parking requirements on site or offsite as represented by a special parking plan for the event', shall not be permitted. Recommendations from Police Department shall be adhered to. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I. To be determined. S:\Planning~SHARED\WP\PROJECTS\Cafe La NoLte\Condition of Approval 2 page revised 2002 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Caf~ La Notte APPLICANT'S AGENT:-Lisa Collumb APPLICANT'S ADDRESS: 2280 North Federal Higl~way, Boymon Beach, FL 334 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: A~ri116, 2002 TYPE OF RELIEF SOUGHT: Request for Conditional Use Approval for a nightclub in a C-3 zoning district. LOCATION OF PROPERTY: 2280 North Federal Highway, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appeanng on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: .. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The concitions 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 This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: $:\Pfanning\SHARED\WPtPROJEOT$\Cafe La No{te\D~velol: Order Forr~2002.Re',~se~l.cloc City Clerk Requested City Commission Meeting Dates [] March 19,2002 [] April 2. 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3. 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21. 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8. 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to approve execution of additional agreements with Insituform Technologies, Inc. Jacksonville, FL for in-place pipe process for reconstruction'of sewer pipelines and lateral services utilizing Broward County Board of County Commissioners Quotation #P2077-99 in the amount of $38,830.00. EXPLANATION: On February 19, 2002, Commission approved Insituform Technologies to rehabilitate the sewer mains and laterals in various locations including NE 1~t Lane from Gateway Blvd to NE 26th Avenue, and Chapel Hill Blvd. The total cost of this project is $139,785.00. The Utilities Department has identified two more locations for Insituform repairs. The first location is Manor Drive. Manor Drive is located just north of the NE 7th Avenue to NE 10th Avenue Water/Stormwater improvements and south of North and South Road which is being incorporated into the project. Manor Drive will be undergoing water main construction and the existing clay sewer main has been inspected and it was determined that several areas are in need of repair. The cost for this 390'section of 8" pipe is $15,330.00. The second location is Casa Loma Blvd. which is located in the Marina area. During recent sewer inspections the Utilities Department identified several services on the main line that should be sealed off and abandoned. Also several areas of minor infiltration have been discovered. The decision to rehabilitate the sewer main by using cured in place pipe process is to eliminate ground water infiltration and to insure the integrity of the existing pipe during future marina construction. The cost for this 600' section of 8" pipe is $23,500.00. U:\conboyuserdata\wordata\wordfile~agenda item insituform 4-16-02.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The continued rehabilitation of the wastewater collection system will reduce the ground water inflow into our system reducing our operational and treatment costs. FISCAL IMPACT: Funds remaining in the amount of $260, 215.00 are available in the Utilities Department Renewal and Replacement account g405-5000-590-96-04, project #SWR064 for this project. The total cost for these two locations is $38,830.00. ALTERNATIVES: The Utilities Department could excavate the sewer lines and replace them with new pipe, which would be more invasive to the area and the cost would be at a minimum, double the proposed Insituform method. The Utilities Department could incorporate the Manor Drive section into the Water/Stormwater improvements increasing costs for engineering, design, and project management. The Department could ~(~~ossibly choose not to replace the pipe at this time, which could~ckages. - Department Hea~ s Signature City Manager's Signature Department Name City/?//{l~hey / Finance / HUman Resources Cc~ Mark Law Tony Lombardi Barb Conboy Bill Atkins - Procurement Jim Cherof- City Attorney U:\conboyuserdata\wordata\wordfileXagenda item insituform 4-16-02.doc RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE ADDITIONAL AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND INSITUFORM TECHNOLOGIES, INC. FOR IN-PLACE PIPE PROCESS FOR RECONSTRUCTION OF SEWER PIPELINES A_ND LATERAL SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission on February 19, 2002, approved Insituform Technologies to rehabilitate the sewer mains and laterals in various locations within the City; and WHEREAS, the City's Utility Department has identified two more locations which require repair, as follows: (1) Manor Drive, which is located just north of the NE 7th Avenue to NE 10th Avenue Water/Stormwater improvements and south of North and South Road which is being incorporated into the project; and (2) Casa l_oma Blvd., which is located in the Marina area. WHEREAS, the City Commission has determined, through recommendation of staff, that it is in the b~st interests of the City residents to utilize the Broward County Board of County Commissioners Quotation, #P2077-99, and enter into additional agreements with Insituform Technologies, Inc., in the amount of $38,830.00 to accomplish the above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TItAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute additional Agreements between the City of Boynton Beach and Insituform Technologies, Inc. in an amount not to exceed $38,830.00, for in-place pipe process for reconstruction of sewer, pipelines and lateral services for Manor Drive and Casa Loma Boulevard. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) lnsituform Worldwide Pipeline Rehabilitation www. ins ituform, com 2892 Hammock Ddve Plant City, FL 33567 Tel: 954-325-3600 Fax: 813-754-4553 gmarshall@insituform.com March 7, 2002 Mr. Anthony J. Lombardi Supervisor Boynton Beach, City of 124 E Woolbright Rd Boynton Beach, FL 33435-6040 Re: Insituform Lining Process, Manor Drive. Dear Anthony: Insituform Technologies, Inc. is pleased to offer this quote on lining the sanitary sewer pipe on Manor Drive. The prices are from the existing Broward County Contract. Manor Ddve, 390 LF 8" x 6mm Light Cleaning Lateral reconnections (9 $36.00 LF $14,040.00 $ 1.00LF $ 390.00 $100.00 EA $ 900.00 Total $15,330.00 The terms and conditions governing this proposal are as follows: Proposal Inclusions: · Certificate of Insurance with standard coverage · Pre-installation video inspection recorded on VHS tape · Thorough cleaning of the existing pipe pdor to installation · Post-installation video inspection recorded on VHS tape · Standard one year warranty ,, Reinstatement of service connections · Actual field measurements will determine final invoice quantities Proposal Exclusions: · Premiums for special insurance coverage requirements · Point repairs of any collapsed sections of the existing pipe line Permits · Dewatering · Disposal site for debds removed dudng cleaning Mr. Anthony Lombardi March 7, 2002 Page 2 of 2 · Please note that if any hazardous or toxic materials are encountered during the project, the Owner will be responsible for the removal and disposal of the materials · Clearing and stabilization of sewer easement for equipment access. Proposal Terms: · Payment due within 30 days of completion of the project · Partial monthly payments may be requested · Proposal valid for 45 days LIMITED WARRANTY IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY. WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. Mutual Release of Consequential Dama,qes: Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. We appreciate the opportunity to quote on this project. If you have any questions, please call me at 954-325-3600. Respectfully, INSITUFORM TECHNOLOGIES, INC. Gordon Marshall, Regional Representative Owner Acceptance: Date: Please sign and return one copy of this proposal to this office for our files lnsituform 1 ~C~IHoiogtEs, Worldwide Pipeline Rehabilitation www. ins ituform, com 2892 Hammock Drive Plant City, FL 33567 Tel: 954-325-3600 Fax: 813-754-4553 gmarshall@insituforrn.com March 17, 2002 Mr. Anthony J. Lombardi Supervisor Boynton Beach, City of 124 E Woolbright Rd Boynton Beach, FL 33435-6040 Re: lnsituform Lining Process, Casaloma Street. Dear Anthony: Insituform Technologies, Inc. is pleased to offer this quote on lining the sanitary sewer pipe on Manor Drive. The prices are from the existing Broward County Contract. Casaloma Street, 600 LF 8" x 6mm Light Cleaning Lateral reconnections (13) $36.00 LF $21,600.00 $ 1.00LF $ 600.00 $100.00 EA $ 1,300.00 Total $23,500.00 The terms and conditions governing this proposal are as follows: Proposal Inclusions: · Certificate of Insurance with standard coverage · Pre-installation video inspection recorded on VHS tape · Thorough cleaning of the existing pipe pdor to installation · Post-installation video inspection recorded on VHS tape · Standard one year warranty · Reinstatement of service connections · Actual field measurements will determine final invoice quantities Proposal Exclusions: · Premiums for special insurance coverage requirements · Point repairs of any collapsed sections of the existing pipe line · Pen~its · Dewatering · Disposal site for debris removed dudng cleaning Mr. Anthony Lombardi March 7, 2002 Page 2 of 2 · Please note that if any hazardous or toxic materials are encountered dudng the project, the Owner will be responsible for the removal and disposal of the materials · Clearing and stabilization of sewer easement for equipment access. Proposal Terms: · Payment due within 30 days of completion of the project · Partial monthly payments may be requested · Proposal valid for 45 days LIMITED WARRANTY IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY. WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WI'FHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. Mutual Release of Consequential Damages: Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. We appreciate the opportunity to quote on this project. If you have any questions, please call me at 954-325-3600. Respectfully, INSITUFORM TECHNOLOGIES, INC. Gordon Marshall, Regional Representative Owner Acceptance: Date: Please sign and return one copy of this proposal to this office for our files ZNSZTUFORH Fax:9042923198 Bar 28 2002 16:00 P. 02 Pumhaeing Division ~-~ t 15 S, Andrews Avenue, Room 212 Fort Lauderclale. FL 33301 (964) 357-8065 · FAX (954) 357-8535 MARCH 12, 2OO2 INSlTUFORM TECHNOLOGIES, lNG ATTN, TO0~ ALSUPP 11511 PHILLIPS HIGHWAY SOUTH JACKSONVILLe, FL 32256 DEAR MR ALSUP: " '¥/~ri~ Hi~Fi'E~Y-ACCE'PTYO13R OFFE~ FOR C~~'F~E ..... P2077- INSITUFORM CURED-IN PLACE PIPE REPAIR THIS AWARD IS SUBJECT TO ALL TERMS/CONDITIONS CONTAINED IN THE ABOVE CONTRACT. THiS CONTRACT IS iN EFFECT FOR THE PERIOD BEGINNING , ,4-18-02 · PURCHASE ORDER(S) WILL BE PLACED AS AND WHEN REQUIRED. AND ENDING 4-17-03 A COPY OF THIS NOTICE, WITH A COPY OF YOUR QUOTATION, INCLUDING ALL TERMS AND CONDITIONS, IS BEING FORWARDED TO ALL APPLICABLE USING AGENCIES. THANK YOU FOR YOUR INTEREST IN SUBMITTING A QUOTATION, SINCERELY,/~ ~' AI~NE ADLEi~, CPPB PURCHASING AGENT II CONST SPEC ~URC~SlNG DNiSlON FORM~8 REv, 02/22/01 AWARD LE'I'f-eR FOR V~NIBQR BROWARC) COUNTY BOARD OF COUNTY COMMlSBIONER$ - An, equal OpCK)rtunity Employer end Provider of Services Vl~t uS 0~1 ~e t~met: vvla/t4/.browa~.org/pu~h~$ing Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 VII.-CONSENT AG ENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to Cit~ Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18. 2002 [] July 2. 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [~ Consent Agenda [] New Business [] Public Hearing [] Legal ~-' Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: To award Consultant Agreement to JEG Associates for services outlined in RFQ #037-2417- 02/KR, PHASE ONE IMPLEMENTATION OF THE HEART OF BOYNTON BEACH COMMUNITY REDEVELOPMENT PLAN in the amount of $20,000.00. EXPLANATION: On March 15, 2002, two (2) responses to the Request for Qualification were received in Procurement Services. An Evaluation Committee comprised of Wilfred Hawkins, Assistant City Manager, and Dan DeCarlo, Neighborhood Project Specialist, met on April 2, 2002 to evaluate and rank the qualifiers. Of the two qualifiers reviewed, JEG Associates was far superior to The Corradino Group. JEG Associates of Orlando, Florida will form a team with the Institute of Cultural Affairs. The proposal not only lays the framework for the neighborhood academy program; but, puts in place the model for how this program can be utilized citywide in neighborhood enhancement, revitalization and training programs. The program is expected to begin in May and be completed in August, 2002. (Tabulation sheet; Exhibit B, Scope of Services; and Proposal pages are attached) PROGRAM IMPACT: The City of Boynton Beach requested qualifications from individuals and/or firms for professional consultant services to provide stakeholder outreach, education, and training in the Heart of Boynton Beach Community Redevelopment Planning .area for a period of 180 days to increase community awareness. While the initial focus is identifying and training stakeholders and leaders in this area, our long-term goal is to establish self supportive neighborhood associations that can lead to community building and improvement projects the neighbors can do themselves with support from City staff and other resources that may be available. FISCAL IMPACT: BUDGET ACCOUNT # Neighborhood Projects 301-1211-512-63.34 EXPENDITURE $ 20,1}00.00 S:LBULLETYN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~/~Deputy Director of Finance/Purchasi~ 2~ge~ City Manager's Signature ,/f i~'l ~ , ~ - Department Name /~' City ~or~y / Finance / ~-Iuman Resources cc: Wilfred Hawkins, Assistant City Manager Dan DeCarlo, Neighborhood Project Specialist File SSBULLETIN~ORMS~a. GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF RFQ #037-2417- 02/KR TO JEG ASSOCIATES, PROVIDING FOR STAKEHOLDER OUTREACH, EDUCATION AND TRAINING IN THE HEART OF BOYNTON BEACH COMMUNITY REDEVELOPMENT PLANNING AREA; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission of the City >f Boynton Beach does hereby approve the award of RFQ #037-2417-02./KR to JEG Associates, providing for stakeholder outreach, education and training in the Heart of Boynton Beach Community Redevelopment Planning Area for a period of 180 days to increase community awareness; 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, hereby approves the award of RFQ #037-2417-02./KR to JEG Associates, providing for stakeholder outreach, education and training in the Heart of Boynton Beach Community Redevelopment Planning Area for a period of 180 days to increase community awareness, a copy of said Contract is attached hereto, Section 2. That this Resolution shall become effective immediately. k\CA\RESO~Agreements\Bid Awards~Award of RFQ - JEG Associates - Heart of BB.doc PASSED AND ADOPTED this day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) $:\CA\RESO~Agreements\Bid Awards~Award of RFQ - JEG Associates - Heart of BB.doc CONSULTANT AGREEMENT FOR PHASE ONE IMPLEMENTATION OF HEART OF BOYNTON BEACH COMMUNITY REDEVELOPMENT PLAN THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and JEG ASSOCIATES of Orlando, FL, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Consultant is retained CONSULTANT services in connection with the project IMPLEMENTATION OF THE HEART OF BOYNTON by the City to perform designated PHASE ONE BEACH COMMUNITY o REDEVELOPMENT PLAN. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "B" attached hereto, including the provision of all labor, materials, equipment and supplies. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by 180 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: ao Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $ 20,000.00 without express written modification of the agreement signed by the City. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Co Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. do Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 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. CA-1 o OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they 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 Consultanfis endeavors. COMPLIANCE WITH LAWS. Consultant Shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal,, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from inj~ 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. INSURANCE, The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any 'employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. CA-2 For breach or violation of this warranty, the,CiW. ~hall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. 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 procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. bo In the event of the death of a member, parmer or officer of the ConsuRant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Dan DeCarlo, Neighborhood Project Specialist Notices to Consultant shall be sent to the following address: JEG Associates 5702 Normie Drive Orlando, F1 32839 Attn: JosephE. Gray CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this __ day of ,20 CITY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 EXHIBIT "B" Scope of Services The individual/firm shall perform consulting services including, but not limited to the following: 1. Provide outreach and recruitment activities to identify and involve participants from neighborhoods within the study area; Develop community education programs to review' the Heart of Boynton Beach Community Redevelopment Plan with community stakeholders to increase understanding of the plan components and to explore implications for community residents and stakeholders; 3. Serve as an information clearinghouse by providing information to community residents regarding housing transition issues; 4. Conduct training sessions to develop residents' basic understanding off a. Community Development b. Economic Development c. Social Development d. Cultural Development e. Political Development 5. Design neighborhood action plans to support implementation of the Heart of Boynton Beach Community Redevelopment Plan; and 6. Assist stakeholders in the organization of neighborhood associations in each of the study area neighborhoods. CA-5 City of Boynton Beach Risk 3/lanagement Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requrres appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Cemficate of Insurance [isung the City as "Cemficate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. /NOTE: An tnsurance contract or binder may be accepted as proof of insurance ,]' Certificate is provided upon selection o/vendor.) The following ~s a list of types of insurance required of contraclors, lessees, etc., and the limits required by .the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYpl~ (Occurrence Based Only) .MINIMUM LIMITS REOUIRED General Liability General Aggregate $1,000.000.00 Commercial General Liability Products-Comp/Op Agg. $1.000.000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000.000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operanons Underground Explosion & Collapse Products Completed Operauous Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non. Owned Autos PIP Basic Intermodal Garage Liability Any Auto Garage Keepers Liability Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Property Damage Trailer Interchange $ 500,000.00 to be determined to be determined to be determined $ 50,OOO.OO Auto Only, Each Accident $1,000,000.00 Other Than Auto Only $ 100,0430.00 Each Accident $1,000,000.00 Aggregate $1,000,000.00 Excess Liability Umb~lla Form Each Occurrence Aggregate to be determined to be determined Worker's Compensation Employer's Liability Statutory Lirmls Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit Builder's Risk Other- As Risk Identified [NSURANCEADVISORYFORM0~ $ 300,000.00 Limits based on Project Cost to be determined R~vis~d 10/2001 z -3 ci ~ ~ ~z ~o o Z ~ m m ~ ~m ~m~ m ~ m m ~ Z mOI ~o m~ ~ ~ > m~ ~ -- ~i 0 ~ m c o m ~ ~ m z m ~m .~ z0 z~ m~ mo i Z <~ ~Z 0 m ~> m m m m~ m 0 -- ~ z~ ~z ~ c0 0 m m c ~ ~ ~0 m~ ~ m~ ~o~m 0 m m m m m ~ O~ I EXHIBIT "B" Scope of Services The individual/firm shall perform consulting services including, but not limited to the following: t. Provide outreach and recruitment activities to identify and involve participants from neighborhoods within the study area; Develop community education programs to review the Heart of Boynton Beach Community Redevelopment Plan with community stakeholders to increase understanding of the plan components and to explore implications for community residents and stakeholders; 3. Serve as an information clearinghouse by providing information to community residents regarding housing transition issues; 4. Conduct training sessions to develop residents' basic understanding of: a. Community Development b. Economic Development c. Social Development d. Cultural Development e. Political Development o Design neighborhood action plans to support implementation of the Heart of Boynton Beach Community Redevelopment Plan; and Assist stakeholders in the orgamzation of neighborhood associations in each of the study area neighborhoods. The consultant team will utilize a planning methodology ("Strategic Planning Framework") that integrates innovative stakeholder engagement techniques, thoughtful and sound planning processes, and established community goals and mandates to develop an action oriented vision plan for the study area. The process was designed to integrate past and present public policy mandates and facilitate extensive resident and stakeholder involvement in the planning and implementation of community revitalization activities in the study area. The Strategic Planning Framework (SPF) process establishes community stakeholder priorities for improving livability conditions and links those priorities to economic and physical capacity and long-term development strategies within the study area. The SPF model emphasizes the creation of critical linkages between community stakeholder priorities, neighborhood action initiatives, existing public and private strategic plans and future development strategies. The Strategic Planning Framework has three basic components: a Stakeholder Engagement - Key community stakeholders are identified and extensive outreach efforts, educational activities, and participatory planning techniques are employed to ensure that as many community stakeholders as possible are actively engaged throughout the planning and implementation process. Existing Conditions Analysis - A comprehensive review and analysis is conducted of current economic, physical, and social conditions; previous plans and policy mandates; and current and/or planned development activities within, or impacting the target area. Strategic Action Plans - Action-oriented plans, recommendations, and design concepts linking the visions, priorities, resources, and actions of neighborhood stakeholders to community redevelopment strategies are developed. ASSOCIATE~ l~lll;~;~llllll;l:~ 14 Completion of Phase I of the Heart of Boynton Plan will require the accomplishment of four (4) technical tasks, including an on-going public involvement task. The technical tasks for these combined efforts are defined as follows: Task 1 - Community Outreach - This task involves the identification and engagement of community stakeholders in the planning effort. Extensive efforts will be undertaken to ensure that a broad and diverse representation of community stakeholders are actively involved throughout the planning process. Creative marketing efforts will be undertaken to inform and engage stakeholders from each of the neighborhoods in the Heart of Boynton in the process. This task will also include capacity building efforts to develop systems to sustain stakeholder engagement throughout the implementation process. Task ducat Information Clearinghouse - This task involves the munity education workshop and an information clearinghouse. The workshop will: be designed to educate and enlighten stakeholders about redevelopment issues and processes, and to provide relevant and focused information regarding the implementation of the Heart of Boynton redevelopment strategies and the projected impact on community stakeholders. Task 3 - Strategic Action Plan - This task entails the development of an action-oriented plan that provides guidance for neighborhood initiatives, future projects, actions and resource mobilization, consistent with the community vision. The plan will identify. commUnity assets and priorities and provide reasonable options to address community problems and overcome challenges related to urban design, land use, infrastructure, facilities, housing and economic development. The plan will address implementation strategies, including guidance for developing andmobilizing community resources. Task 4 - Community Organizing - This task involves the organization of Neighborhood Associations in each of the identified Heart of Boynton neighborhoods. The Consultant Team will provide guidance and technical assistance to neighborhood leaders related organizational development and capacity building. 18 APRZL MAY 3UNE .1ULY STAKEHOLDER EDUCATIONAL COMMUNITY FINAL REPORT OUTREACH WORKSHOP ORGANIZING ACTION PLANNING ACTION PLANNING INFORMATION INFORMATION INFORMATION INFORMATION CLEARINGHOUSE CLEARINGHOUSE CLEARINGHOUSE CLEARINGHOUSE The Institute of Cultural Affairs Thc missiott of the Institute of Cultural Aff~nrs (ICA) i~ to promote socia/innovation through participation and commmfity building. ~corporated in the USA in 19'73 as a 501(c)(3) non-profit corporation, the rCA is a global social change organization dedicated to creating long-term solutions, not snort-term relief. Throu~out its 38-year profllam history in more than 35 countries, the ICA has: a. Worked with tumorous Iow-income eommun/ties to build a ~eLf-help approach to their owr~ developmewt. Example: starred ap and assisted comprehensive $ocial-econonuc development projects wit,5 over 1500 villages and neighborhoods worldwide with almost entirely volunteer personnel. b. Organized n~kmerous even~ and campaigns focused on building civil society globally. Example: se~ up and rXcilitated 5,000 participatory "Town Meetings~ (covering every cottony of the USA) over 3 years tSme as l~art of the USA Bicentenn/al Celebration. ¢. FacilitaTed strategic organiza~onal changes with lmndreds of organizations in the public, private, non-profit and edu~onal sectors. Examples: non-profits like the American Friends Sera'ice Committee and American A, ssociarion ofl~.ctircd Persons; education and health departments of'several states; estuary and watershed management projects in Louisiana and British Columbia; corporations like Texaco mad Honcyw',ll; universities like Emory University and Arizona State Un/versit7; tribes such as Hopi and Navajo nation~. d. l?ackaged participatory methods developed through action research into a series of comes for change agents and facilitators known as the Technology of . Particitvarion ( Tot~)'~. In the USA, over 20,000 people have benefited from Ieamin§ and applying these methods. e. For the pasz 8 years ICA has pioneered in~'~'"d¢~ eloping the- field of Community Youth Development ("Youth and adults worm§ in pa.rmership to build safe, just, and healthy communities".) National parmers in the effort include: · The Innovation Cenzer of~e N&rional 4-H Council - Thc NatiOnal Network for Youth · t3et~,erafions United · Brandeis Un/versity's Center for Youth and Communities 'rh~ ICA h~ a national board of directors; 36 full-tim~ sta:ff living primarily in J3~oenix and Chicago, several hunch'ed associates, numenms partner organizations and operates in four program divisions: Comm~ty & Youth Leadership, Comm~mity Revitalization, Culture of Participatio~ and Transformative Lemg. What is the Neighborhood Academy? The Neighborhood Academy of The Institute of CutturaiAffair~ is an intensive ieadem~ip and skill-development training program for youth and adult teems from one or more neighborhoods who want to make positive c~L~nges where they live. The curriculum consists of learning about community development, building participants' facilitation skills through ICA's Group Facilitation Methods, and designing ancl working together on at least one active project to mobilize their communities. At U3e eno of the Academy, participants are equipped with the knowledge to: map their neighborhood and its resources · create a shared vision for their community · develop new ways to deal with old problems · move people toward action by expanding participation in local activities · organLze successful community celebrations · hold productive neighborhood asscmiation meetings What is the Institute of Cultural Affaim (ICA)? The ICA in the USA is a not-for-profit organization with 501(G)(3) tax-exempt status. We have over forty years of experience providing facilitation and training programs for neighborhood and community groups In strategic planning, consensus-based decision making and team building, Our methods open up new ways for people to work creatively with one another and minimize the potential for conflict. ICA International is a global social change organization operating in 35 countries worldwide to demonstrate and catalyze participatory approaches to leadership, planning and action. How does the Neighborhood Academy Work? Role of ICA: Neighborhood Academy sessions are facilitated by an ICA team of mentor trainers (bilingual, if appropriate). The ICA also provides extensive technical assistance to participating neighborhoods including helping participants prepare to use ~CA methods in their own seffings; attending neighborhood association meetings when possible; making visits; and, in the words of one participant, 'keeping the 13'ocess going when it is stuck." Role of Neighborhoocl. based Partners:. The institutions and-community leaders already connected with the neighborhood are reapons~le for recruiting participants, providing meeting space, ancl publicizing the Academy. Groups that may ~! this Partner role include Foundations, not-for-profit and governmental social serdce agencies, elementary, middle and high schools, and colleges and universities. Structure of the Academy; Training is ~onducted for six to eight Tull days or twelve to fourteen half days. Each session contains a balance of presentations, practlcalexercises, work within small teams and as individuaJs, team-building energizers, and reflection. A graduation ceremony where participants receive diplomas of completion is held at the end of the Academy, MEMORANDUM TO: FROM: JANET PRAINITO DATE: CITY CLERK KAREN RISELEY'/'-/~'~' SUBJECT: BUYER APRIL 3, 2002 CONSULTANT AGREEMENT RFQ #037-2417-02/KR "PHASE ONE IMPLEMENTATION OF THE HEART OF BOYNTON BEACH COMMUNITY REDEVELOPMENT PLAN" Attached is the original Consultant Agreement for the RFQ referenced above. A copy has been sent to the City attorney's office for review and preparation of a Resolution. Thank you. /ktr Attachment - Consultant Agreement, Original cc: File Requested City Commission Meetin~ Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEPl B.3 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FOlccvt Date Final Form Must be Turned tn ro City Clerk's Office March 6, 2002 (5:00 p.m.) March 20.2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meetin ~ Dates [] May 2l, 2002 [] June 4.2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 t5:00 p.m.) May 22. 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June [9, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMlgNDATION: Authorize City Manager to sign 2002-03 Fire Assessment Work Plan with Government Services Group, Inc. at a cost of not to exceed $30,000. EXPLANATION: This letter dated April 1, 2002 from GSG represents a recap of the 2001 Fire Assessment program and a proposal to provide professional services for the 2002-03 program. The City Commission conducts an annual review of the Fire Assessment program with specific authorization to proceed by a rate resolution. The Consultant has proposed a professional services contact to: 3. 4. 5. 6. Assist the City in development of interim assessment for properties receiving certificates of occupancy in the middle of a program year. Develop' the 2002 Fire Assessment roll data m cooperation with Palm Beach County. Assist the City in determining the fire assessment revenue reqmrements. Calculate the proforma schedule of rates based on the apportionment method and revenue requirements. Draft necessary resolutions that conform to the enabling ordinance for the program Provide legal and technical assistance to the City ~o assure compliance with state statute. PROGRAM IMPACT: This work is anticipated and necessary to assist staff in preparmg a recommendation to the City Commission for the 2002-03 Fire Assessment. FISCAL IMPACT: Funds for this work are included in the City Budget. Please note the proposal from GDS does not include the cost of preparing and mailing legal notices to property owners. This is also included in the Budget. ALTERNATIVES: Staffto prepare documentation for the Fire AssessmeO program. Not recommended. Department Head's Signature I '~i[y-Manager'~ Signature Department Name S:\BULLETIN~FORMSLA_GENDA ITEM REQUEST FORM.DOC City Attorney / Finance / Human Resources GSG Government Services Group, Inc. Dedicated to solving funding and service delivery issues in the public sector -500 Mahan Drive, Suite 250 · Tallahassee. FL 32308 · Phone (850) 681-3717 · Fax/8501 224-7206 · Email: gsg@govserv, c April 1, 2002 VIA FEDERAL EXPRESS Mr. Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425-0310 Re: City of Boynton Beach (the "City"): Fire Rescue Assessment Program - Revised Summary; Outline of Continuing Services Work Plan Dear Kurt: Government Services Group, Inc. ("GSG") in conjunction with Nabors, Giblin & Nickerson, P.A. ("NG&N") recently completed its engagement with the City of Boynton Beach to provide specialized services in the development and implementation of a non-ad valorem assessment program to fund fire rescue services within the City. The annual assessrnent was collected by a bill that was sent by the City for the sole purpose of collecting the assessments for Fiscal Year 2001-02. Thereafter, the City will use the property tax bill beginning in November 2002 (Uniform Method). This letter is intended to: · Summarize the results of our joint efforts on the project for Fiscal Year 2001-02; · Suggest mechanisms to capture newly improved properties; and, · To offer annual services to transition the Fiscal Year 2001-02 assessment program to the Uniform Method for Fiscal Year 2002-03. GSG is a firm that provides management-consulting services to local governments utilizing computer-based technolOgy and process oriented analysis. NG&N is a law firm dedicated to the representation of local governments on issues of finance and taxation. Kurt Bressner April 1, 2002 Page 2 Summary of Fiscal Year 2001-02 Fire Rescue Assessment Program The following is a summary of the critical events involved in the development and implementation of the fire rescue assessment program for Fiscal Year 2001-02. The Fire Rescue Assessment Report was delivered to the City in June 2001. On July 11,2001, the City Commission adopted Ordinance No. 01-34 that authorized the imposition and collection of fire rescue assessments within the incorporated area of the City and established the procedures for imposing fire rescue assessments. In accordance with Ordinance No. 01-34, the City Commission adopted Resolution No. R01-217 on July 11,2001, which described the method of assessing fire rescue assessed costs against assessed property within the City, directed the preparation of an assessment roll and authorized a public hearing and provision of notice of the public hearing in accordance with the Uniform Method. Notice was mailed to each owner of assessable property and published in the newspaper on or before August 7, 2001. During the notice process, the City determined that certain dwelling units were omitted from the unit counts for multi-family residential property. The omitted units counts reduced the assessment rates for multi-family properties, but required additional notice to affected property owners. GSG mailed notices to every affected property owner on September 25, 2001. The City Commission held a public hearing on September 4, 2001, after which it continued the public hearing until October 16, 2001. On October 16, 2001, the City Commission approved the final assess ment rates. On November 6, 2001, the City Commission adopted the final assessment resolution establishing the rate of assessment, imposing fire rescue assessments against assessed property located within the City, and approving the assessment roll. Also in November 2001, the City Commission adopted an ordinance amending Ordinance No. 01-34 to limit the imposition of the fire rescue assessment to seven years. Based on policy direction from the City Commission on October 16, 2001, the fire rescue assessments for FiScal Year 2001-02 were not imposed on institutional property whose use is wholly exempt from ad valorem property taxes. In addition, the assessment rates for nursing home property were imposed at the assessment rates for institutional property. GSG Kurt Bressner April 1, 2002 Page 3 The following table illustrates the final fire rescue assessment rates adopted by the City: RESIDENTIAL PROPERTY USE Rate Per CATEGORIES Dwelling Unit Single Fam y Residential $70 Mu t-Family Residential · $58 Building NON-RESIDENTIAL Classification (in PROPERTY USE square foot Industrial/ Nursing CATEGORIES ranges) Commercial Warehouse Institutional Homes < 1,999 $ 155 $ 49 ~$ 251 $ 251 2,000-3,499 $ 309 $ 98 $ 502 $ 502 3,500-4,999 $ 541 $ 172 $ 879 $ 879 5,000-9i999 $ 773 $ 245 $ 1,255 $ 1,255 10000-19999 r $ 1,545 $ 491 $ 2,511 $ 2,511 20,000--29 999 $ 3,090 $ 982 $ 5,021 $ 5,021 30000--39,999 $ 4,635 $ 1,473 $ 7,532 $ 7,532 ¢0,000'49,999 $ 6,180 $ 1,964 $ 10,042 i$10,042 >50,000 $ 7,725 $ 2,454 $ 12,553 $12,553 The City mailed the separate bills in February 2002. The City will transition to the Uniform Method for Fiscal Year 2002-03. Imposition of Interim Assessments on Properties Improved Each Year and Prior to Their Addition to the Tax Roll The fire rescue assessment program implemented by the City in future years will use the ad valorem collection powers provided in Section 197.3632, Florida Statutes (the "Uniform Method"), which requires the use of data available on the ad valorem tax roll. County property appraisers are charged with the responsibility for determining the value 'of all property within the City Iding unimproved property) and maintaining certain records connected therewith, s ~the preparation of the ad valorem tax roil. The ad valorem tax roll is designed solely' the data required by property appraisers to determine property values. The ad valorem tax roll preparation and date of assessment for each individual property is dictated by strict statutory timeframes. Section 192.042(1), Florida Statutes, requires that real property be assessed according to its iust value on January 1 of each year and that improvements or portions not substantially completed on January 1 shall have no value placed thereon. In contrast, the City, and not the property appraiser, must initially develop and then annually update and maintain the fire rescue assessment roll. The City's fire rescue assessment program imposes assessments upon improved property only. As a consequence, the timeframe required to post information to the fire rescue assessment roll GSG Kurt Bressner April 1, 2002 Page 4 diverges from the posting of the same information to the ad valorem tax roll and requires supplementary actions by the City. Therein lies a significant challenge for any local government using the Uniform Method to collect special assessments, which by their nature are not value-based, but are premised upon the benefit the special assessment program provides to affected properties. The fire rescue assessment is recurring and intended to be levied against all improved property in the City. Each year the fire rescue assessment is to be collected through the annual ad valorem tax bill as a non-ad valorem assessment. Those properties (both residential and non-residential) that are newly improved are not yet on the tax roll, and depending on their date of improvement, may not appear on the ad valorem tax roll for as many as 21 months from the time of improvement. Using the authorization in Section 2.13 of its home rule ordinance, the City should have in place procedures for collecting an assessment at the time of the certificate of occupancy for properties in the City. The assessment to be imposed is formulated by a monthly base rate calculated at one twelfth the annual assessment rate for each respective property category. The assessment amount is equal to the rate basis per month, per the number of billing units on the parcel multiplied by the number of months remaining until the improvement is listed and certified on the ad valorem tax roll. Depending upon the date of the final inspection, a payment will be required for the months remaining in the current fiscal year (ending September 30 each year) together with the 12 months of the following fiscal year. At that time, the improvement will have been added to the tax roll and will be collected through the tax bill collection method. To avoid missing newly improved properties, it is imperative for the City to focus upon the development of procedures to impose an assessment upon the issuance of a certificate of occupancy for properties in the incorporated area. The following are illustrations of how to calculate assessment charges due for each particular month during the calendar year based upon an annual residential assessment rate of $70.00. The amount due each month is in italics. Please note that assessments for non-residential properties would be pro-rated on the same basis. 2002 $52.47 I $40.81 I $34.98 I $29.15 I $23.32 I $17.49 I $11.66 I $ 5.83 I $0 I $64.17 I $58.33 I $52.50 $70.00 1 $70.00 1 $7o.oo I $70.0° I $70.00 1 $7°.00 1 $70.00 1 $7o.oo I $7°'°°1 $o I S°l s0 $122.47 I SffO, Sf I $f04.98 I S99. f5 I $93.32 I $87.49 I $8f.66 I $75.83 I $70.00 I $64. t7 I $58.33 I $52.50 Illustration: House receives certificate of occupancy in January 2002. The interim fire rescue assessment is $52.47 (8/12 of $70.00) for the pro-rated assessment for Fiscal Year GSG Kurt Bressner April 1, 2002 Page 5 2001-02, plus $70.00 for Fiscal Year 2002-03 for a total of $122.47. The house will first appear on the ad valorem tax roll for Fiscal Year 2003-04. The interim fire rescue assessment for the remainder of 2001-02 plus the assessment for 2002-03 will be collected by the City at certificate of occupancy. Development and Implementation of a Supplemental Assessment Roll The fire rescue assessment is to be levied against all imprOved property within the City. Each year the assessment will be collected through the annual ad valorem tax bill as a non-ad valorem assessment. Due to the data lag experienced between the improvement of the property and indication of the improvement on the ad valorem tax roll, there are some properties which were improved after January 1, 2001 which were not shown as improved for Fiscal Year 2001-02. These properties received a certificate of occupancy before the implementation of the fire rescue assessment prog ram and therefore, were not subject to an assessment upon their receipt of a certificate of occupancy. However, these improved properties will benefit from the provision of fire rescue services and the City may wish to act to subject these newly improved properties to a supplemental assessment based upon their proportionate share of the costs of fire rescue services for Fiscal Year 2001-02. To address this issue, the City may consider the inclusion of this group of newly improved properties on a supplemental assessment roll for Fiscal Year 2001-02 using the authorization in Ordinance No. 01-34. These newly improved properties would be sent a separate bill by the City for the fire rescue assessment amount attributable to their new improvement. The newly improved parcels would then be added to the ad valorem tax roll for Fiscal Year 2002-03 bY the property appraiser's normal procedures. Although this option is available to the City, it requires another public hearing to adopt the supplemental assessment roll. Because the City used a separate bill mailed in February 2002, the City may want to forego pursuing these newly improved properties to avoid confusion within the public. However, if the City decides to develop a supplemental assessment roll, GSG and NG&N will provide a workplan and fee to assist the City in developing and implementing the one-time supplemental assessment program upon request of the City. Annual Recurring Assessment Program Whether the City decides to develop and implement the supplemental assessment program (and forego the pro-rata revenue from these properties in Fiscal Year 2001-02), the City should develop procedures for imposing assessments at certificate of occupancy and for the annual recurring assessment program. The procedures must: (i) update and maintain the existing fire rescue assessment roll to correlate with changes to the ad valorem tax roll; (ii) make corrections as they are identified by the property owner, City staff GSG Kurt Bressner April 1, 2002 Page 6 or the property appraiser; (iii) facilitate the public notice requirements of the tax bill collection method including notice to property owners with property use changes; (iv) monitor the apportionment methodology to ensure continued defensibility; and (v) be conducive to the creation of a new fire rescue assessment roll each year for certification to the Palm Beach County Tax Collector. The City should ensure that the agreements under section 197.3632, Florida Statutes, are executed between the City and the Tax Collector and the City and the Property Appraiser. These agreements are required to provide for the reimbursement of all necessary administrative costs for these constitutional officers. These agreements are also a prerequisite to the use of the Uniform Method of Collection. The timely execution of these agreements will ensure the City's access to this method of collecting the fire rescue assessment for Fiscal Year 2002-03. In addition, because the City used a separate bill for Fiscal Year 2001-02, procedures must be established to incorporate all delinquent assessment amounts in the Fiscal Year 2002- 03 assessment program. Attached as Appendix A is a work plan and fee estimate, as well as a critical events schedule, which articulates the consulting and special counsel services required to assist the City in establishing the annual recurring assessment program, including the assessment of properties at certificate of occupancy as well as transitioning to the tax bill collection method for Fiscal Year 2002-03. The scope of services assumes that the City will be responsible for the timely update of the Fiscal Year 2002-03 budget and determination of the net fire rescue assessment revenue to be generated next fiscal year. Summary On behalf of both firms involved in this program, it has been a pleasure to work with you and other City officials and staff in facing the challenges of initiating a fire rescue assessment prog ram. We believe the attached work plans are both fair and efficient and look forward to working with you during the next year. If you have any questions concerning this transmittal, please do not hesitate to call us. Sincerely, Camille P. Tharpe CPT/br Enclosures cc: Virginia S. Delegal GSG APPENDIX A ANNUAL FIRE RESCUE ASSESSMENT PROGRAM GSG 1) 2) 3) 4) 5) 6) ANNUAL FIRE RESCUE ASSESSMENT 'PROGRAM Scope of Services Assist the City in the development of procedures to impose an interim assessment upon the issuance of a certificate of occupancy. Correlate the newly improved properties subject to the interim assessment upon the issuance of a certificate of occupancy to the Fiscal Year 2002-03 assessment roll. Develop/update the Fiscal Year 2001-02 fire rescue assessment roll-for use in the recurring annual assessment program including the correlation of the supplemental year assessment roll with the Fiscal Year 2002-03 ad valorem tax roll and the identification of any unpaid or delinquent accounts. Advise the City in determining the fire rescue assessment revenue requirements for the Fiscal Year 2002-03 assessment program. Calculate/confirm the proforma schedule of rates based on the apportionment methodology and revenue requirements for the Fiscal Year 2002-03 assessment program. Draft implementing resolutions that conform to the fire rescue assessment ordinance. Advise and assiSt with the legal requirements for the adoption of the final assessment rate resolution and certification of the assessment roll in accordance with Section 197.3632, Florida Statutes including: (a)the development of the first class notice and its distribution to any affected property owners, (b) publication of the public hearing, (c) attendance at the public hearing, and (d) the certification of the assessment roll to the Palm Beach COunty Tax Collector. Fee ~nH For services provided by GSG and NG&N, the lump sum fee for professional services for the proposed scope of services will 'be $30,000. The lump sum would be due and payable under the following schedule under a percent complete basis. Special Note: The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices for FY 2002-03. These costs depend on the number of assessable parcels of property within the City. However, mailing and production costs are $1.00 per parcel, with the amo~_,nt d,e _~nd p_~y:~hl~_ nt th~_ time nf the ndo,ntinn nf the .nreliminary a~_ea.~m~_nt re~oltffinn_ A-1 GSG The lump sum fee for professional services for the annual assessment program includes one on-site visit to the City by GSG and/or NG&N staff. The intent of this meeting is to assist in the final rate adoption process. Meetings in excess of this meeting may be arranged at our standard hourly rates. Expenses related to additional meetings will be billed in conformance with section 112.061, Florida Statutes. In lieu of on-site visits by GSG & NG&N, both firms are available to participate in periodic, schedule telephone conference calls to discuss project status. A-2 GSG ANNUAL FIRE RESCUE ASSESSMENT PROGRAM Critical Events Schedule Event Develop Interim Assessment Procedures Update Fiscal Year 2002-03 Assessment Roll City Determines Net Revenue Requirements Calculate/Confirm Annual Assessment Rates Preliminary Rate Resolution First Class Notices Published Notice Annual Rate Resolution Certify Fiscal Year 2002-03 Assessment Roll Schedule May 2002 June - July 2002 July 2002 July 2002 July 2002 July - August 2002 June - August 2002 July - August 2002 by September 15, 2002 Payment will be on a quarterly basis as follows: 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee May 2002 July 2002 September 2002 November 2002 GSG Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 ] May 7, 2002 VII.-CONSENT AGENDA ITEM C.! CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA 1TEM [] Admin~strati¥~ [] D~elopment Pitons [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcermmt [] Presentation [] City Manager's Report RECOMMENDATION: Motion to adopt the Resolution of Support for the Sister Cities Program. EXPLANATION: At the March 19t~ City Commission meeting, the Chair of the Sister Cities Steering Committee gave a verbal report on the status of the committee's work. The attached resolution is to affirm the City Commission's~interest in the Sister Cities International Pmgram~ to thank the Steering Committee for their hard work, to consider providing funding for the Sister Cities program, but only with the direct approval of the City Commission, and to encourage the Steering Committee to look at establishing .Sister Cities. International relationships with other cities in other parts of the world. PROGRAM IMPACT: See program impact items as listed above in the Explanation section of this form. FISCAL IMPACT: If adopted, the Resolution would mandate that all future city funding for Sister Cities International activities could only be done so by a vote of the City Commission. S:kBULLETIN~ORMSVkGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM ~QUEST FORM ALTERNATIVES: Not to adopt the Resolution of Support. Department Head's Si~ature Assistant City Manager Department Name t u- City Manager's Signature City Att~r~ey~l Finance / Human Resources S:~BULLETIN~FORMSX, AGENDA ITEM REQUEST FORM.DOC RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, SUPPORTING THE EFFORTS OF THE SISTER CITIES STEERING COMMITTEE MEMBERS; AFFIRMING THE CITY'S INTEREST IN THE SISTER CITIES INTERNATIONAL PROGRAM; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach does hereby icknowledge and support the tireless efforts and hard work of the Sister Cities Steering Committee Members, to wit: Jeanne Heavilin, Chair, Bob Ensler, Vice-Chair, Michael Bottcher, Ann Centi, Chris Francois, Stormet Norem, and Mayor Broening, ex-officio; and WHEREAS, the City Commission of the City of Boynton Beach does hereby affirm the City's interest in the Sister Cities International Program, and to that end will consider providing funding support for some program activities; and WHEREAS, the use of all city funds to support the Sister Cities International effort shall need the specific formal approval of the City Commission; and WHEREAS, the City Commission of the City of Boynton Beach encourages the Steering Committee to look at establishing Sister Cities International relationships with cities in other parts of the world; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are tree and correct and hereby ratified and confirmed by the City Commission Section 2. That /he mumcipality of Boynton Beach, by and through its City Commission, affirms the City's interest in the Sister Cities International Program and urges the Steering committee to look at establishing Sister Cities International relationships with cities in other parts of the world. Section 3. That the use of all city funds to support the Sister Cities International effort shall require the specific formal approval of the City Commission. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca~o~l~on for $~cr Ciges international Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2O02 [] April 169 2002 [] May 7, 2002 NATURE OF AGENDA ITEM VII.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to Cit~ Clerk's Office March 6, 2002 ~5:00 p.m.) [] May 21, 2002 May 8, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) [] June 4, 2002 May 22, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) [] June 18, 2002 June 5, 2002 (5:00 p.m.) April l7, 2002 (5:00p.m.) [] July2,2002 June l9, 2002 (5:00 p. ~,~ [] Administrative [] Development Plans [] Consent Agenda [] New Business Public Hearing Legal [] Bids [] Unfinished Business co [] Announcement [] Presentation co [] City Manager's Report RECOMMENDATION: Motion to approve City Commission adopt resolution R to execute an Interlocal Agreement between the City of Boynton Beach, Florida and the Municipal Public Safety Communications Consortium of Palm Beach County, Inc. EXPLANATION: This agreement is established to set forth the conditions under which the $12.50 money will be paid to the MPSCC. Currently the MPSCC would apply to the County for the money. The MPSCC would then pay the City of Boynton Beach $150.00 per radio and utilize the balance for funding the M/A-COM system. Under this agreement the City would apply directly to the County or, depending on the favorable outcome of pending legislation, eliminate the County with direct disbursement from the Clerk of the Court. PROGRAM IMPACT: Streamlines the process eliminating the involvement of a third party. FISCAL IMPACT: The City of Boynton Beach will realize the same amount either way. Application is made in May with payment due to the MPSCC no later than sixty days (60) after the receipt of the funds. Money could be placed in an interest bearing account for future Communications needs. ALTERNATIVES: There is no other prudent alternative. Department I-I~ad's' ~ha~tr-e- Communications Department Name City Attorr~y7 ~inance / Huron Resources S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM AND SETTING FORTH THE CONDITIONS UNDER WHICH THE $12.50 MO~Y WILL BE PAID TO THE MUNICIPAL PUBLIC SAFETY CO--CATIONS CONSORTIUM OF PALM BEACH COUNTY, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this Interlocal Agreement between the City of Boynton Beach and Municipal Public Safety Communications Consortium of Palm Beach County, Inc. establishes the conditions of which the $12.50 money will be paid; and WHEREAS, this Interlocal Agreement streamlines the process eliminating the nvolvement of a third party; and WHEREAS, under this agreement, the City would apply directly to the County )r, depending on the favorable outcome of pending legislation, eliminate the County with iirect disbursement fi:om the Clerk of the Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION ~F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and aacorporated herein by this reference. Section 2. The City of Boynton Beach is a member of the Municipal Public lafety Communications Consortium and supports its public safety communications plan. Section 7. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) : ca~o~lnt~rloc~l Agr - M?SCC - ~ e~nxiition~ day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF, PALM BEACH COUNTY, INC. REGARDING PARTICIPATION IN A COUNTYWIDE INTEROPERABLE RADIO COMMUNICATIONS SYSTEM THIS INTERLOCAL AGREEMENT is entered into this day of ,2002 and between the City of Boynton Beach, a municipal corporation, located at 100 East Boynton Beach Boulevard, Boynton Beach Florida 33425 (herein after referred to as the "CITY") and the Municipal Public Safety Communications Consortium of Palm Beach County, Inc., a municipal non-for-profit corporation located at 260 Orange Tree Drive, Atlantis, Florida 33462 (herein after referred to as the "CONSORTIUM"). WITNESSETH: WHEREAS, Section 163.01 of the Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969, authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of ChaPter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WItEREAS, it has been determined that the planning and development of an interoperable countywide municipal public safety communications system will allow mumcipal public safety agencies to improve their provision of public safety services by virtue of enhanced inter-agency communications and cooperation; and WHEREAS, the Municipal Public Safety Communications Consortium (CONSORTIUM) was formed through the cooperative efforts of various municipalities to plan and implement an interoperable Countywide municipal public safety radio communications system; and WHEREAS, the CITY has joined 21 other municipalities located within Palm Beach County to form the CONSORTIUM and the CITY has long been involved with the improvements of public safety communications; and WHEREAS, the City has recently made a substantial investment in it's current voice radio system; and WHEREAS, Section 318.21 (10), Florida Statutes, requires any county with an approved intergovernmental radio communications program (ICP) to use $12.50 from each moving traffic violation fine to fund that county's participation in such a program; and WHEREAS, Palm Beach County has an ICP plan approved by the State of Florida; and WIlE REAS, on February 5, 2002, the Palm Beach County ("COUNTY") Board of County Commissioners adopted Resolution R-2002-92 ("the County Resolution") addresses traffic fine revenues available to the CITY through the County pursuant to Section 318.21 (10), Florida Statutes, ("$12.50 Traffic Fund Revenues") and, among other things, provides that the CITY may apply for reimbursement of actual collection of $12.50 Traffic Fund Revenues and/or to assign said revenues to the CONSORTIUM; and WHEREAS, the City will be participating in and benefiting from the ICP program through the CONSORTIUM; and WHEREAS, the CITY desires to agree to contribute certain $12.50 Traffic Fund Revenues to the CONSORTIUM, as more specifically described herein, and the Parties desire to agree to undertake other responsibilities set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: SECTION 1. TERMS AND CONDITIONS For the Calendar Year 2002, and each Calendar Year during which this Agreement shall remain in effect, the CITY shall pay to the CONSORTIUM it's allocation of $12.50 Traffic Fund Revenues collected for said Calendar Year, less $150 per radio multiplied by the number of radio units used by the CITY on January 1 of the applicable Calendar Year. The payment of such funds shall be made within sixty (60) days of the receipt of the funds by the CITY. The City shall notify the CONSORTIUM in writing no later than January 15 of each year of the number of radio units in use as of January 1 of that Calendar Year. The assignment of funds to the CONSORTIUM shall be based on the amount of $12.50 revenue less that number of radios multiplied by $150.00. Bo Fo Go SECTION 3. A4 The CONSORTIUM agrees to enhance the coverage within the existing CITY boundaries to "portable in medium building" within a reasonable time but in no case later than December 31, 2006. This coverage is defined, as provided in the State of Florida Law Enforcement Communications Plan, as coverage providing reliable communications in ninety percent of locations within the coverage area ninety five percent of the time. Both parties agree that there may be circumstances where additional equipment may be required to penetrate exceptionally large building and these instances will be addressed on a case-by-case basis. The CONSORTIUM will absorb the costs for this equipment. Under this agreement the CONSORTIUM will make available its wireless data services and provide voice backup radio capabilities with mobile radio coverage to the CITY. Both parties agree that when the CITY wishes to begin its migration to the utilization of full voice radio services, this agreement will be reviewed in terms of levels of reimbursement. Amendments of this Agreement may be requested by either party. Amendments of this Agreement shall be effective only when reduced to writing, approved by the governing body of each party, and executed by each party. This Agreement shall not affect the fight, powers, duties and responsibilities of the parties under the Interlocal Agreement to Establish the Municipal Public Safety Communications Consortium of Palm Beach County. The CITY may audit all records of the CONSORTIUM, which address the $12.50 Traffic Fund Revenues, of the CITY'S SHARE, in any manner whatsoever. LIABILITY The CITY agrees to be responsible, as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortuous acts which result in claims or suits against the CONSORTIUM and agrees to be liable to the limits set forth in Section 768.28, Florida Statutes, for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY to which sovereign immunity applies. Nothing herein shall be construed as consent by CITY to be sued by third parties in any matter arising out of any contract. The CONSORTIUM, as an interlocal agency created under the Florida Statutes, agrees to be fully responsible as set forth in Section 163.01, Florida Statutes, for its own negligent acts or omissions or tortuous acts which result in claims or suits against the CITY, and shall be liable to the limits set forth in Section 163.01, F.S. for any damages proximately caused said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CONSORTIUM to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any contract. SECTION 4. TERMINATION This Agreement may be terminated by either party to this Agreement upon 30 days prior written notice to the other party. Notice of such termination shall also be provided to Palm Beach County and the Clerk of Court for Palm Beach County. SECTION 5. NOTICE AND CONTACT All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or by first class, certified mail, returned receipt requested, to the representatives identified below a the address set forth below. For the CONSORTILrM: Mr. Robert Mangold Chairman Municipal Public Safety Communications Consortium of Palm Beach County Inc., a Florida municipal not-for-profit corporation 260 Orange Tree Drive Atlantis, Florida 33462 For the City: Mr. Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 SECTION 6. ENTIRETY OF .AGREEMENT The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those state herein. SECTION 7. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of this Agreement shall have no effect upon the validity of any other part or portion hereof. SECTION 8. VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. SECTION 9. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officer of the CITY and MPSCC. SECTION 10. EQUAL OPPORTUNITY PROVISION The CITY and the MPSCC agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, martial stares or sexual orientation be excluded from the benefits of, or be subjected to, any form of discrimination under any activity carried out by the performance of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST FOR THE CITY OF BOYNTON BEACH BY: DATE Gerald Broening, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: City Attorney ATTEST FOR THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY INC. BY THE CHAIRMAN OF THE BOARD OF DIRECTORS: BY: DATE Robert Mangold, Chairman Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve City Commission adopt resolution R committing it~are~e $12.50 traffic fine surcharge revenues, as allocated by the County through Resolution R2002-0192, to thegffuni~. Public Safety Communications Consortium, for the construction and implementation of its Countywide Interoperii~le Radio Communications System, for a period of ten years (10) from the date of contract with the radio vendor. EXPLANATION: Resolution R01-337 authorized the City of Boynton Beach joining twenty-one other municipalities located within Palm Beach County to join the MPSCC for the purpose of improving the provision of public safety services through enhanced inter-agency communications and cooperation. The goal of City participation is to provide for improved radio communications with other county, state and federal public safety agencies. The MPSCC has developed a plan for a municipal countywide interoperable system and has received approval for the system from the State of Florida Office of Technology, as required by Florida Statute 282.11 (5). This statute permits any county, which participates in a state approved intergovernmental radio communications program to use the $12.50 surcharge to fund that county's participation in the program. The MPSCC needs member municipality support to move forward with the acquisition and construction. To do this, the City of Boynton Beach is asked to commit a portion of its $12.50 allocation. This wffi be provided to the Consortium and, pooled with other Consortium members, provides sufficient funds to start the system acquisition. PROGRAM IMPACT: Through research and understanding of future radio system technology applications, staff supports M/A-COM's TDMA/Open-Sky digital technology solution as proposed by the MPSCC. This technology and the City's current Motorola radio system is designed in a way that is compatible to the TDMA technology. The Communications staff has developed a plan that would facilitate migrating to the M/A-COM solution starting with mobile data in 2004 and the gradual migration of public safety voice communications over the next six years. Dedicating future money to the migration to the M/A-COM system does not impact the current radio system operation. FISCAL IMPACT: The entire amount collected between January 1, 2000 and February 2002 totaled $131,671.00. Commencing January 1, 2002 the MPSCC will require ongoing funding to finance the system and has requested continuing support through $12.50 surcharge funds collected above a threshold ($150.00 per radio on the current system annually). There are currently 553 radios on our inventory. Based on the threshold, the City will retain SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM $82,950. The Consortium would then realize all over that amount (variable depending on the number of traffic fines generated) annually from the City for MPSCC system acquisition. An additional $15,000.00 is budgeted for dues and is our share of the cost of administration and operation of the organization. ALTERNATIVES: If the City Commission does not agree to commit $12.50 dollars toward the MPSCC system it will jeopardize the implementation of the M/A-COM system and an opportunity t~ migrate to a technologically advanced system in increments over time as opposed to incurring a large expenditure i~/the future. / Department Head%r Sig~atfir~ ~ C:~ty Manager's Signature '/ Communications Depa~hnent Name City Attorney / Finance / Human Resources SABULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM AND AUTHORIZING FUNDS FOR A COUNTYWIDE INTEROPERABLE COMMUNICATIONS SYSTEM; COMMITTING A PORTION OF [TS FUNDS ALLOCATED PURSUANT TO RESOLUTION R-2002- 0192 ADOPTED BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS ON FEBRUARY 5, 2002 IN ACCORDANCE WITH SECTION 318.21(10), FLORIDA STATUTES, TO THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM COMMUNICATIONS PROJECT FOR THE PURPOSE OF FUNDING A RADIO NETWORK; PROV]I)ING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, section 163.01 Florida Statutes, knows as the Florida Interlocal Cooperation Act of 1969, authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local :ommunities; and WI:IEREAS, it has been determined that the implementation of an interoperable :ountywide municipal public safety compunctions system will allow municipal public safety agencies to improve their provision of public safety services by virtue of enhanced inter-agency communications and cooperation; and WHEREAS, the Municipal Public Safety Communications Consortium (MPSCC) was formed through the cooperative efforts of the various municipalities to plan and implement an interoperable Countywide municipal public safety radio communications system; and WHEREAS, the MPSCC, through the diligent efforts of its member municipalities has developed a plan for the municipal countywide interoperable communications system; and WHEREAS, the MPSCC communications plan has been approved by the State of Florida Office of Technology as required by Florida Statute 282.111 (5); and WHEREAS, Section 318.21(1)), Florida Statutes, permits any county which in an intergovernmental radio communications program approved by the ,tare of Florida Department of Management Services to use $12.50 from each moving traffic violation to fund that county's participation in the program; and WHEREAS, a portion of the revenues collected are from violations which are written by municipal law enforcement officers within the municipal limits; and WHEREAS, the Board of County Commissioners allocated a portion of the revenues generated by municipalities for their benefit under Resolution K99-2343D, as amended on February 5, 2002, by Resolution R-2002-0192 to encourage the interoperability of municipal communications systems and therefore enhancing the County's Intergovernmental Cornmtmications Plan; and WI-IEREAS, the member municipalities of the MPSCC desire to move forward the construction of a supplement and enhancement to the County's interoperable countywide radio network subject to the final approval of the capital budget provided in Section 12 of the MPSCC Interlocal Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City of Boynton Beach is a member of the Municipal Public Safety Communications Consortium and supports its public safety communications plan. Section 3. The City of Boynton Beach supports the inclusion of the MPSCC communications plan as an enhancement and part of the State approved Palm Beach County Intergovernmental Radio Communications Program plan. Section 4. The City of Boynton Beach commits its full share of the $12.50 traffic fine revenues as allocated by the County to the MPSCC for construction and implementation of its radio network for a period of its radio network for a period of ten years from the date of contract with the radio vendor. Section 5. This Resolution shall become void if the City of Boynton Beach should exercise its fight to withdraw from the MPSCC as provided in Section 12 of the MPSCC Interlocal Agreement, within the prescribed timeframe following the receipt of the capital budget. Section 6. The City of Boynton Beach requests that the County provide its ~orfion of the $12.50 traffic fine monies to the MPSCC for construction of the radio ~ystem following the procedures set forth in Resolution No. R-2002-1092. Section 7. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca~Interlocal Asr- MPSCC - al!oc, a~/on for radio funding Requested City Commission Meetin~ Dates [] March 19.2002 [] April 2, 2002 [] April 16. 2002 [] May 7. 2002 VII.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FOl w Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20. 2002 (5:00 p.m.) April 3.2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May21. 2002 [] June 4. 2002 [] June 18. 2002 [] July 2, 2002 Date Final Form Must be Iurned in to City Clerk's Office May 8. 2002 (5:00 p.m.) May 22.2002 (5:00 p.m.I June 5. 2002 (5:00 p.m.} June 19. 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: ~ Motion to approve and authorizing the Mayor to sign two Agreements for Water Service ~utsi~le- - of the City Limits and Covenant for Annexation with Clark E. Dahlgren and Jean Dahlgr~ as::: Customer and Continental Homes of Florida as Contract Vendee; and with Wilmer Frederick Bauer, Trustee as Customer, and Continental Homes of Florida as Contract Vendee for parcelS~O~ land located on the west side of Lawrence Road at the intersection with Hypoluxo Road r.o EXPLANATION: The subject parcels comprising a total of 27.04 acres are located within the City of Boynton Beach Utilities service area, but outside of the City Limits. The parcels will be combined, and are proposed for development of Dahlgren P.U.D., a project of 119 single-family dwelling units plus a clubhouse. The subject agreements will be held in escrow until the sale of the property is completed, which must occur before July 22, 2002. PROGRAM IMPACT: None. The parcel lies within the existing service area, and is therefore included in planned system improvements. FISCAL IMPACT: None ALTERNATIVES: In that the parcel is within the City's utility service area, we see no reasonable alternative to approval of this agreement. S:\BULLETIN'~FORMS~GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Head's Signature · -r~i · City ~lanager's SignaXture Department Name 3/~mey / Finance / Human Resources City' Y ~ XC: Peter Mazzella (w/attachments) Michael Rumpf, Planning Dept. (w/attachments) City Attorney " File S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE TWO WATER SERVICE ESCROW AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH AND CLARK E. DAHLGREN AND JEAN DAHLGREN AND CONTINENTAL HOMES; AND WITH WILMER FREDERICK BAUER, TRUSTEE AND CONTINENTAL HOMES, AND PROVIDING AN EFFECTWE DATE. WHEREAS, the subject property, is located on the West Side of Lawrence Road, at the intersection with Hypoluxo Road (approximately 27.04 acres) and will consist of approximately 119 single family homes, plus a club house; and WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its urisdictional limits; and WltEREAS, Clark E. Dahlgren and Jean Dahlgren and Wilmer Frederick Bauer, Jr. ~s Trustees are the contract purchasers of the land in question; and WHEREAS, the executed water service agreement will be held in escrow by the City Attorney's Office until and when the property is sold, at which time it will be recorded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute two Water Service Agreements between the City of Boynton Beach, Florida and Clark E. Dahlgren and Jean Dahlgren and Wilmer Frederick Bauer, Jr., Trustees, and Continental Homes as Contract Vendee, said Agreements being attached hereto and made a ~art hereof. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of April, 2001. CITY OF BOYNTON BEACH, FLORIDA Mayor ViceMayor Commissioner Commissioner Commissioner City Clerk Cakreso\agreements\water service\Continental HomesXDahlgrenXFrederick AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made this '~ day of ~X,~ ~ , 2002, by and between JEAN DAHLGREN, TRUSTEE U/A 10/04/89, CLARK E. DAHLGREN AND JEAN DAHLGREN hereinafter called the "Customer", CONTINENTAL HOMES OF FLORIDA, INC., a Florida corporation, hereinafter called "Contract Vendee" and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "CITY". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services; and WHEREAS, the Contract Vendee only requires water service if it purchases the subject property from Customer; and WHEREAS, all parties recognize that this agreement is valid only upon the occurrence of the Contract Vendee, Continental Homes of Florida, Inc., purchasing the property from Customer, at which time the Customer will voluntary annex into the City of Boynton Beach; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach, the Customer, the Contract Vendee and their respective heirs, successors and assigns, agree as follows: The City agrees to provide Customer with water service from its Municipal Water System to service the real property (the "Property") described as follows and which Customer represents is owned by Customer; (Exhibit A). 2. The Customer and the City hereby agree that there are j Zo ~' Equivalent Residential Connections which City shall service. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities arid subject to ~neers. The City shall have the option if the said real to bee thereof. tlf of has or if be Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted: by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach~ Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exClusively unless otherwise conveyed or abandoned to the property owner. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate scheduleSwhich are apPlicable which may be changed from time to time. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at-any time the property is eligible under any available 10. 11. 12. 13. - means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the city's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the city's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequenttransferees, grantees. heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. The Customer, or if the said real property has been transferred, the transferee, hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customers obligation under or performance pursuant to this Agreement. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. Customer hereby acknowledges that it has currently entered into a contract with Continental Homes of Florida, Inc. for the sale of Property conditioned 14. u pon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for ~m0mex:~kdevelopment of the Property and other conditions. residential This agreement shall not be effective until and unless the Customer transfers legal =fee title to the Property to Continental HomeS of Florida, Inc. or its successors or assigns in accordance with the terms of the 'contract referred to in paragraph 13 mentioned above. Furthermore, no documents, including this agreement, shall be recorded unless title to the Property is so conveyed to Co or to its successors or assigns. Upon such shall be in full force and effect and all obli all be automatically in the deed from Customer of assigns, ' or obligation hereunder. 15. *** ,N WITNESS WHEREOF, the parties have set their hands and seals this ~(~ day ~ ,2002. WITNESSES: Na~e: Name./ Na~: Nam&' ~ CUSTOMER J~n Dahlgren, Trus~e U/A 10/04/89 Clark E. Dahlgren ~/ Jean 5~hlgren J *** Notwithstanding any other term or provision in this Agreement, this Agreement will be null and void, if., Continental Homes of Florida, Inc. has not acquired the property by July 22, 2002. ._ STATE OF FLORIDA ) ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jean Dahlgren, Trustee U/A 10/04/89, Clark E. Dahlgren and Jean Dahlgren, to me known to be the person(s) described in and who executed the foregoing instrument that they acknowledged before me that they executed the same; that each individual are each personally known to me and/or each provided the following proof of identification: WITNESS~m,y hanc~ and official seal in the County and State last aforesaid this _ day of ~AJ~~ ,2002, WITNESSES: Name: Name: Notary Public CITY City of Boynton Beach, a municipal corporation of the State of Florida Name: Name: Name: Title: ATTEST By:. Name: Title: STATE OF FLORIDA ) ) SS: COUNTY OF ) ! HEREBY CERTIFY that On this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk resPeCtively, of the City named in the foregoing agreement and that they severally acknowledged 'executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS mv hand and official seal in the County and State last aforesaid this _ _ __ day of . -_--- ,2002. (Notary Seal) ~otary Public Ap-p?oved as to form: Legal Description Approved: City Attorney WITNESSES: n?. CONTRACT VENDEE Continental Homes of Florida, Inc., a Florida corporation Name: Title: Paul Romanowski Division President STATE OF FLORIDA ) ,~,~) SS: COUNTY Of ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Paul Romanowski, Division President of Continental Homes of Florida, Inc., a Florida corporation, to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual waspe.rsonally known t. ome=or provided the following proof of identification: ~ t WlTNESS. r~y hand and official seal in the County and State last aforesaid this _ 1: ~_'~_ _ day of ~"/~ ,2002. (Notary Seal) Nota~blic(~' h:'dibrarymontinen~06413',dahlgmnkJocumen~agreement water service-merch6.wp~ LEGAL DESCRIPTION Exhibit "A" PAF~EL A: Being a part of Lots 1, 2 and 8, of the amended Plat of section 12, Township 45 South, Range 42 East, as recorded in Plat Rook 9, page 74, Public Records cf Palm Beach County, Florida, and more particularly described as follows: commencing at the cencerlina intersection of Hypoluxo Road and Lawrence Road as now laid out and in use' thence running along the centerline of Lawrence _ ' : __ _d ....... ~ hearin~ of South 02'18~40 of the Sou~ line of .said ~t 1, and ~a ~INT OF BEGINNING; :theace.continui~ Sou~ O2~ 18~4~" West, a distance of a96.0 feet to a point; ~ance ~ing North 89~59~10- West~ a distance of 348.06 feet'to a point; thence running South 02'45~40" West, = dis~ce of 9.2 feet to a point; ~hence ~nning sou~ 89~57~20'~ East, a distance of 348.12 fee= to a point In ~e ceat~rkine of along said centerline, a distauce of 2~4.0 .~e~t to a point on ~he easterly extension of the South ~ne of said ~t 8; thence running North 89.57~20" West, along ~aid sou~ line, a distance of 817.14 feet to a point; thence to a point In the Sou~ right-of-way 1ina of ~nal L-i~; thence ~ing due ~st, along ~aid right-of-way line, a d~stance of 4~5.O feet to t_ i .... ~-- --..t~ 0a~4~ ~ 32" West, a dis~noe of t_ Si~-- 2& .~LNi~G EXc~ting therefrom the East 40 ALSO being a part of Lot 8, amended Plat of Secti0n-12, Township 45 SoUth, Range 42 East, as recorded in Plat Book 9, Page 74, Public Records of Palm Beach .County~ Florida, and more particularly described as follows. Commencing at. the canterline intersection of Hypoluxo Road amd LawrenCe Road, as now laid out and in use; thence running along the c~nterline of wrence oad. on a, a,, ed_ 02elS,4O"West~ a distance of 709.20 ~eec Co ~e 8~GINNING; thence continuing Sou~ 02~18~40" West, a~g said centerkine a distance of ~.2 feet to a point; thenc~ ~nning ~orth 89"57~20" West a distance of 348.~2 fern= to a point; 348.06 feet to the POI~ QF BEGI~ING. ~cepting ~r fro ~e Eas~ 4~ feet for ~ad Page 1 of 3 EXHIBIT "A" continued PARCEL B: The South 132 feet of the East ½ of Tract 1 of the Subdivision of the NE¼ of Section 12, Township 45 South, Range 42 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 9, Page 74. PARCEL C: The North 150 feet of the East ½ of Tract 1 of the Subdivision of the NE¼ of Section 12, Township 45 South, Range 42 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded'in Plat Book 9, Page 74: LESS the road right-of-way for Lawrence Road and Hypoluxo Road and Lake Worth Drainage District L- 18 Canal right-of-way and further less the West 7 feet of the East 25 feet of the South 110 feet of the North 150 feet of Tract lof said subdivision as shown on the amended Plat recorded in Plat Book 9, Page 74, Public Records of Palm Beach County, Florida. PARCEL.D: The South One Hundred Fourteen feet (S. 114 ft.) Of the North Two Hundred Sixty-Four (lq. 264 ft.) of the East Half (E ½) of Tract One (1) of the Subdivision of the NE 1/4 of Section 12, Township 45 South, Range 42 East, according to the Plat.thereof on file in the Office of'~he Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 9, Page 74. Page 2 of 3 EXItIBIT "A" continued PARCEL E All that portion of the east half (E 1/2) of Tract 1, in the northeast quarter (NE ¼) of the MARY A. LYMAN ET AL AMENDED PLAT of Section 12, Township 45 south, Range 42 east, as recorded in Plat BOok 9, page 74, Public Records of Palm Beach County, Florida; LESS the north 264 feet of said Tract 1; and £ LESS the south 264 feet of said Tract 1; and LESS the east 40 feet for road right-of-way. LESS and except that portion taken by Order of Taking recorded in O.R. Book 11768, Page 634 and Amended Order of Taking recorded in O.R. Book 11788, Page 934, Public Records of Palm Beach County, Florida. Page 3 of 3 IRREVOCABLE SPECIAL POWER OF ATTORNEY STATE OF FLORIDA COUNTY OF ~ I, JEAN DAHLGREN, TRUSTEE U/A 10/04/89, CLARK E. DAHLGREN AND JEAN DAHLGREN, hereinafter "Grantee", hereby make, constitute and appoint THE CITY OP BOYNTON BEACH, FLORIDA my true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CiTY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property (the "Property") which is the subject of this power is described in Exhibit "A" attached hereto. The Grantee hereby acknowledges that it has currently entered into a contract for sale with CONTINENTAL HOMES OF FLORIDA, INC., ("Contract Vendee") for the sale of the Property conditioned upon the Contract Vendee obtaining from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for commercial development of the Property and other conditions. This Irrevocable Special Power of Attorney shall not be effective until and unless the Grantee transfers legal fee title to the property to CONTINENTAL HOMES OF FLORIDA, INC., or its successors or assigns in accordance with the terms of the contract for sale. Upon such transfer of title, this Irrevocable Special Power of Attorney shall be in full force and effect and all obligations hereunder on the part of Grantee shall be automatically transferred and assumed, by CONTINENTAL HOMES OF FLORIDA, INC., whereupon Jean Dahlgren, Trustee U/A 10/04/89, Clark E. Dahlgren and Jean Dahlgren their heirs and assigns, shall be deemed released from any further liability or obligation hereunder. The Contract Vendee joins in this Irrevocable Special Power of Attorney for purposes of agreeing to the terms hereof. of WITNESS WHEREOF, the parties have set their hands and seals this '~ day I~.,)~,~ LL---" ,2002. Sealed and delivered in the presence of: Witnesses: Name: / J~an Dahigmn, TruStee U/A 10/01/89 ~l~'~k E. Dahlgren /~ Jean bahlgren /~ STATE OF FLORIDA ) )SS: cou. ) THE FOREGOING INSTRUMENT was acknowledged before me this~-.~ day of ~,~C~--~ , 2002, by Jean Dahlgren, .Trustee U/A .10/04/89, who is known to me and/or who has produced t~,,h~. [ .~(~ as identification and who did/did not take an oa Notary Public STATE OF FLORIDA ) )SS: COUNTY OF~-'6',.~ ) [ THE ,FOREGOING INSTRUMENT was acknowledged before me this ~ day of ~ ,2002, by Clark E. Dahl_c~ren, who is known to me and/or who has produced ~ ~r-~ as identification and who did/did not take an oath.~ I Notary Public STATE OF FLORIDA ) 0 / )SS: COUNTY OF~ ) THE FOREGOING INSTRUMENT was acknowledged before me this~ day of ~,_~~, 2002, by Jean Dahigren, who is known to me and/or who has produced .~2.~A/,'~ ~ ~O~,u ,Y'~c'~cox~ as identification and who did/did not take an~oath. - - I '"'- (Notary Seal) ROBIN PEDRE2r'I'I s~: : ~ ~'.-~'.~[~L-~'~.- MY COMMISSION # CC 788354 ~~I-8~-3-NOTARY Fla. Not~ ...... S~l~ & ~n~ng Co Notary Public Witnesses: Continental Homes of Florida, Inc., a Florida corporation Name: Paul Romanowski Title: Division President STATE OF FLORIDA ) COUNTY OF~ )SS: ) \ ,THE FOREGOING INSTRUMENT was acknowledged before me this ~, \ ~_ day of ~1 (~u~.~_ ,2002 by Paul Romanowski, as Division President of Continental Homes ~f Florida, Inc., a Florida corporation, on behalf of the corporation. H.._e/She i..~s ~known to me_and/or has produced as identification and who did/did not take an oath. (Notary Seal) , CQMMI~ NUMBER I~ ~ '~ DD027417 ! OF F~.© MAY ~,2~ h:Uibrar~cominen'~36413~'~3mn~:locum ent~irrevocable power at'e3mey-m a~chS.wpd OPINION OF TITLE To: City of Boynton Beach Office of the Director of Utilities With the understanding that this Opinion of Title is furnished to the City of Boynton Beach Office of the Director of Utilities, as an inducement for acceptance of a water service agreement, it is hereby certified that I have examined Title Commitment Number CF- 0452379, issued by Attorneys' Title Insurance FUnd, Inc. and First American Title Insurance Company Title Update covering the period from the beginning to January 6, 2001 at 11:00 p.m., inclusive, of the following described property: See Exhibit "A" Attached Hereto. I am of the opinion that on the last mentioned date, the fee simple title to the above-described real property was vested in: Jean Dahlgren, Trustee U/A 10/04/89 Clark E. Dahlgren and Jean Dahlgren Owner Owner Subject to the following encumbrances, liens and other exceptions (If "none" please indicate): 1. RECORDED MORTGAGES: None RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGMENTS: None t GENERAL EXCEPTIONS: Rights or claims of parties in possession not shown by the public records. Bo Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. Easements or claims of easements not shown by the public records. D. Any lien, or right to a lien, for services, or material Opinion of Title Page 2 heretofore furnished, imposed by law and not shown by the public records. Ee Taxes or special assessments which are not shown as existing liens by the public records. 4. SPECIAL EXCEPTIONS: Restrictions, conditions, reservations, easements and other matters contained on the Plat of Amended Plat of Section 12, Township 45 South, Range 42 East, Mary A. Lyman, et al., as recorded in Plat Book 9, Page 74. Easement to Florida Power & Light Company recorded in official Records Book 649, Page 436. Co De E® Rights of Country Joe's Nursery, Inc., a Florida corporation, as a tenant under an unrecorded lease dated June 1, 1997. Order by Lake Worth Drainage District establishing drainage districts as recorded in official Records Book 6495, Page 761. Subject to the right-of-way for Lawrence Road as now laid out and in use. Right-of-Way Deed in favor of Palm Beach County, Florida, as recorded in Official Records Book 3653, Page 529. Ge Agreement between Palm Beach County and Lake Worth Drainage District recorded August 24, 2001 in Official Records Book 12847, Page 1497. NOTE: Ail of the recording information contained herein refers to the Public Records of Palm Beach County, Florida, unless otherwise indicated. I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions. Therefore, it is my opinion that the following party must join in the agreement in order to make the agreement a valid and binding covenant on the lands described herein. Name Jean Dahlgren, Trustee U/A 10/04/89 Interest Owner Special Exception Number Opinion of Title Page 3 Clark E. Dahlgren and Jean Dahlgren Owner I, the undersigned, further Certify that I am an attorney-at- law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this /~ day of February, 2002. E. Rodriquez, Esquire ~rint Name Florida Bar No. 0616461 Address: 80 S.W. 8th Street, Suite 2550 Miami, Florida 33130 STATE OF FLORIDA COUNTY OF MI~MI-DADE The foregoing instrument was acknowledged before me this day of February, 2002, known to me. My Commission Expires: by Juan E. Rodriguez, who is perso~lly ~Pu~blic Print Name h: \ 1 ibrary\ cont inen\ 006413 \dahlgren\documen~ \opinionti~ le - f ebruaryl 5. wpd LEGAL DESCRIPTION .- PARCEL A: Exhibit "A" Being a part of Lots I, Z and 8, of the amended plat of section 12, Township 45 SoUth, Range 42 East, as recorded in Plat Book 9, page 74, Public Records of Palm Beach County, Plorida, and more particularly described as follows: Commencing at the centerline intersection of Hypoluxo Ro&d and Lawrence Road as now laid out and in use; thence running along the centerline of Lawrence Road, on an assumed bearing of South 02"1B~40'' West, a distance of ?09.2 feet to a point in ea~terl~ extension of the Sou~ line of-said ~t ~, and th~ ~INT OF BEGINNING; thence.continui~ Sou~ 02~ 18'4~" West, a distance of 396.0 feet to a point; ~ence r~ing North ~59'Z0" West, a distaRce of ~48.06 feet'to a point; thence running South 02,45'40" West, a dis~noe of 9.2 feet to a point; thence ~nning Sou~h 89~57~0'' East, a distance of 348.~ fee~ to a point In ~e Ce~tdrlina of ~aid Lawrence Road; thence ~nning S~uth 02'1~'40" West, along sa~d centerllne, a distance of ~64.0 .feet to a oint on the easterly extension ~f the South line of said ~t 8; thence rUnning North 89"57~2~" West, a]ogg said Sou~ line, a distance of 817.14 feet to a point; thence ~nal L-18; thence ~lng due ~st, along said S0u~ right-of-way line, = distance of 455.0 feet to a point; feet to a point In the SoUth line of said ~t ~; th,~ce running south 89"59' 10" 1.5 feet-to the POINT OF BEGINNING. EX( feet of the South 669.2 f ALSO being a part of Lot B, amended Plat of Section 12, Township 45 So'th, Range 42 East, as recorded in Plat Book 9, Page 74, Public Records of ~alm Beach C0u~tyl Florida, and more particularly described as follows: Commencing at. the centerline intersection of Hypoluxo Road and Laurence Road, as now laid out and in use; thence running along the centerline of Lawrence Road, on an assumed bearing of South 02elS,4O-West, a distance of 709.20 feet to the POINT OF BEGINNING; thence continuing South 02~18'40# .West, along said Center"ina :a dist:ance of 9.~ fee ; a point, thence r~nning - ~orth 89-57'20" WeSt a distance to a point; then North ~f $'2 feet to ,, a distance of a point; Exce~ting therefrom 348.06 feet to the East 40 feet for road right-¢ '- Page 1 of 3 EXHIBIT "A" continued PARCEL B: The South 132 feet of the East ½ of Tract 1 of the Subdivision of the NE¼ of Section 12, Township 45 South, Range 42 East, according to the Plat'thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 9, Page 74. PARCEL C: The North 150 feet of the East IA of Tract 1 of the Subdivision of the NE¼ of Section 12, Township 45 South, Range 42 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 9, Page 74: LESS the road right-of-way for Lawrence Road and Hypoluxo Road and Lake Worth Drainage District L- 18 Canal right-of-way and further less the West 7 feet of the East 25 feet of the South 110 feet of the North 150 feet of Tract 1 of said subdivision as shown on the amended Plat recorded in Plat Book 9, Page 74, Public Records of Palm Beach County, Florida. PARCEL D: The South One Hundred Fourteen feet (S. 114 ft.) Of the North Two Hundred Sixty-Four (N. 264 ft.) of the East Half (E ¼) of Tract One (1) of the Subdivision of the NE 1/4 of Section 12, Township 45 South, Range 42 East, according to the Plat thereof on file in the Office of-~he Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 9, Page 74. Page 2 of 3 PARCEL E All that portion of the east half (E EXHIBIT "A" continued 1/2) of Tract i, in the northeast quarter (NE ¼) of the MARY A. LYMAN ET AL AMENDED PLAT of Section 12, Township 45 south, Range 42 east, as recorded in Plat BOok 9, page 74, Public Records of Palm Beach County, Florida; LESS the north 264 feet of said Tract 1; and LESS the south 264 feet of said Tract 1; and LESS the east 40 feet for road right-of-way. LESS and except that portion taken by Order of Taking recorded in O.R. Book 11768, Page 634 and Amended Order of Taking recorded in O.R. Book 11788, Page 934, Public Records of Palm Beach County, Florida. Page 3 of 3 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made this / ~' day of March, 2002, by and between WILMER FREDERICK BAUER, JR. AS TRUSTEE OF THE WILMER FREDERICK BAUER TRUST DATED THE 27TM DAY OF FEBRUARY, 1990, AND AS TRUSTEE OF THE ALICE SPENCER BAUER TRUST DATED THE 27TM DAYOF FEBRUARY, 1990, hereinafter called the "Customer", CONTINENTAL HOMES OF FLORIDA, INC., a Florida corporation, hereinafter called "Contract Vendee" and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "CITY". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, in order for the Contract Vendee to obtain zoning approval for commercial development from the Palm Beach County Board of County Commissioners, the property owner must be able to access water services; and WHEREAS, the Contract Vendee only requires water service if it purchases the subject property from Customer; and WHEREAS, all parties recognize that this agreement is valid only upon the occurrence of the Contract Vendee, Continental Homes of Florida, inc., purchasing the property from Customer, at which time the Customer will voluntary annex, into the City of Boynton Beach; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach, the Customer, the Contract Vendee and their respective heirs, successors and assigns, agree as follows: The City agrees to provide Customer with water-service from its Municipal Water System to service the real property (the "Property") described as follows and which Customer represents is owned by Customer; (Exhibit A). The Customer and the City hereby agree that there are EqUivalent Residential Connections which City shall service. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises.. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon 'the Customer's premises. Ail such lines shall be approved by the Director of Utilities arid subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer or, if the said real to conform the lines or the City may have the :work performed on behalf of the ~ has been transferred, the costs thereof. In the event performed, the Customer, or if such incurred Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless Written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. Title to all mains, .extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules whiCh are applicable which may be changed from time to time. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the 10. 11. 12. City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the city's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the city's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferees, grantees. heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. The Customer, or if the said real property has been transferred, the transferee, hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customers obligation under or performance pursuant to this Agreement. No additional agreements or representations Shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing 13. 14. executed by the parties to be bound thereby. Customer hereby acknowledges that it has currently entered into a contract with Continental Homes of Florida, inc. for the sale of Property conditioned upon the Contract Vendee obtaining approval from the Palm Beach County Board of Commissioners and/or other municipal agencies' zoning approval for camme[~development of the Property and other conditions. residential This agreement shall not be effective until and unless the Customer transfers legal fee title to the' Property to= Continental Homes of Florida, Inc. or its to in paragraph 13 mentioned this agreement, shall be to Conti of February including ts successors or assigns. Upon and all automatically )mer Frederick .~ 20 day st dated ~s, shall be deemed of 15. their hands and seals this / ~' day WITNESSES: Name: ~>~-- ~'~[~ · Name: CUSTOMER ~ 7F.~ Wilmer Frederick Bauer, Jr. as Trustee of the Wilmer Frederick Bauer Trust dated the 27~ day of February, 1990 Wilmer Frederick Bauer, Jr. as T~'ustee of the Alice Spencer Bauer Trust dated the 27t~ day of February, 1990 *** Notwithstanding any other terms or provisions in this agreement, this Agreement will be null and void, if, Continential Homes of Florida, Inc. has not acquired the property by July 22, 2002. 4 STATE OF ER~I~ OHIO) ) SS: COUNTY OF RRA~N ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Wilmer Frederick Bauer, Jr. as Trustee of the Wilmer Frederick Bauer Trust dated the 27~ day of February, 1990, and as TruStee of the Alice Spencer Bauer Trust dated the 27~ day of February, 1990, to me known to be the person(s) described in and who executed the foregoing instrument that he acknowledged before me that he executed the same; that the individual is persOnally known to me and/or has provided the following proof of identification: ~WITNESS my hand and official seal in the County and State last aforesaid this _ day of /vt.~--~-/ ,2002. (Notary Seal) WITNESSES: Name: Name: CITY City of Boynton Beach, a municipal corporation of the State of Florida Name: Name: By: Name: Title: ATTEST By:. Name: Title: STATE Of FLORIDA ) ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this _ day of ,2002. (Notary Seal) Approved as to form: Notary Public Legal Description Approved: City Attorney WITNESSES: CONTRACT VENDEE Continental Homes of Florida, Inc., a Florida corporation Name: Paul Romanowski Title: Division President STATE OF FLORIDA )  ) SS: COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Paul Romanowski, Division President of Continental Homes of Florida, Inc., a Florida corporation, to me known to be the person(s) described in and who executed the ~foregoing instrument that he/she acknowledged before me that he/she executed the same; that t~e individual was personally known to m.e or provided the following proof of identification: WITNESS,r~.y hand and official seal in the County and State last aforesaid this day of J'~0... ,2002, - (Notary Seal) J ~",,~'~¥ ~/6' OFFICIAL NOT~,.RY SF;N. MARCY L POWER~ ~,~.q.~ '-- blY CO. M IS.SION EXPIRE~ CCMMI$SK:XN NLIM BERDD027417 OF F',..0 MAY 20.2005 h:~library~ontinen~06413~aue~document~agmement water ser~m.e-mamh6,wpci EXHIBIT "A" Being a part of Lot 2, amended plat of Section 12, Township 45 South, Range 42 East, as recorded in Plat Book 9, Page 74 of the Public Records of Palm Beach County, Florida, and more particularly described as follows: Commencing at the centerline intersection of Hypoluxo Road and Lawrence Road as now laid out and in use; thence running along the centerline of said Hypoluxo Road on an assumed bearing of due West, a distance of 796.2 feet to a point; thence run ning South 03°-13'-30" West, a distance of 80.14 feet to a point in the South line of L.W.D.D. Canal L-18, and the POINT OF BEGINNING, thence continuing South 03°-13'-30" West, a distance of 1298.2 feet to a point in the South line of said Lot 2; thence running North 89°,57'-20'' West, along said South line, a distance of 206.01 feet to Southwest corner of said LOt 2; thence running North 030-26'-00'' East, along the West line of said Lot 2, a distance of 1297.88 feet to a point on the South right-of-way line of L.W.D.D. Canal L-18; thence running due East, along said South right-of-way line, a distance of 202.11 feet to the POINT OF BEGINNING. H:\library\CONTINEN\006413~bauer~document\Exhibit A.wpd IRREVOCABLE SPECIAL POWER OF ATTORNEY STATE OF:EA.O~ti3~ 0H[O COUNTY OF FRANKLIN I, Wilmer Frederick Bauer, Jr. as Trustee of the Wilmer Frederick Bauer Trust dated the 27th day of February, 1990, and as Trustee of the Alice Spencer Bauer Trust dated the 27th day of February, 1990, hereinafter "Grantee", hereby make, conStitute and appoint THE CITY OP BOYNTON BEACH, FLORIDA my true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CiTY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property (the "Property") which is the subject of this power is described in Exhibit "A" attached hereto. The Grantee hereby acknowledges that it has currently entered into a contract for sale with CONTINENTAL HOMES OF FLORIDA, INC., ("Contract Vendee") for the sale of the Property conditioned upon the Contract Vendee obtaining from the Palm Beach County Board of Commissioners .and/or other municipal agencies' zoning approval for commercial development of the Property and other conditions, This Irrevocable Special Power of Attorney shall not be effective until and unless the Grantee transfers legal fee title to the property to CONTINENTAL HOMES OF FLORIDA, INC., or its successors or assigns in accordance with the terms of the contract for sale. Upon such transfer of title, this Irrevocable Special Power of Attorney shall be in full force and effect' and all obligations hereunder on the part of Grantee shall be automatically transferred and assumed by CONTINENTAL HOMES OF FLORIDA, INC., whereupon Wilmer Frederick Bauer, Jr. as Trustee of the Wiimer Frederick Bauer Trust dated the 27th day of February, 1990, and as Trustee of the Alice Spencer Bauer Trust dated the 27~ day of February, 1990, their heirs and assigns, shall be deemed released from any further liability or obligation hereunder. The Contract Vendee joins in this Irrevocable Special Power of Attorney for purposes of agreeing to the terms hereof. of. IN WITNESS WHEREOF, the parties have set their hands and seals this /~-day ¢~'t,4-~3..ff. ,2002. Sealed and delivered in the presence of: Witnesses: Name: 5+~..w c Name: Wilmer Frederick Bauer, Jr. as 'trustee of the Wilmer Frederick Bauer Trust dated the 27~ day of February, 1990 Wiimer Frederick Bauer,. Jr. as Trustee of the Alice Spencer 'Bauer Trust dated the 27t~ day of February, 1990 STATE Of F433R1OrA OHIO) )SS: COUNTY OF FRANKLIN ) THE FOREGOING INSTRUMENT was acknowledged before me this/$~---day of .~ ,2002, by Wilmer Frederick Bauer, Jr. as Trustee of the Wilme-~rederick Bauer Trust dated the 27th day of February, 1990, and as Trustee of the Alice Spencer Bauer Trust dated the 27t~ day of February, 1990 wh% is known to me and/or who has produced as identification and who did/did ~ take an oath. :?~_ (Notary S.eal) / ota bli¢/~ Witnesses: Continental Homes of Florida, Inc,, a Florida corporation By: ~c.._ ~- Name: Title: Paul Romanowski ~ Division President 2 STATE OF FLORIDA ) )ss: COUNTY of I ) 1,~ THE FOREGOING INSTRUMENT was acknowledged before me this '~ T~ day of /~'~ ,~L~..~ ,2002 by Paul Romanowski, as Division President of Continental Home~.of Florida, Inc., a Florida corporation, on behalf of the corporation. He/She is known to me and/or has produced as --identiflc~and who did/did not take an oath. ~ ~' COMMISS~NDD027417NUMaER eOF F~.O' MAY 20,2005 hNibrary~c~nfinen~O06413~aue~n"evocable I:~wer attomey-marct~6.wpd EXHIBIT "A" Being a part of Lot 2, amended plat of Section 12, Township 45 South, Range 42 East, as recorded in Plat Book 9, Page 74 of the Public Records of Palm Beach County, Florida, and more particularly described as follows: Commencing at the centerline intersection of Hypoluxo Road and Lawrence Road as now laid out and in use; thence running along the centerline of said Hypoluxo Road on an assumed bearing of due West, a distance of 796.2 feet to a point; thence running South 03°-13'-30" West, a distance of 80.14 feet to a point in the South line of L.W.D.D. Canal L-18, and the POINT OF BEGINNING, thence continuing South 03°-13'-30" West, a distance of 1298.2 feet to a point in the South line of said Lot 2; thence running North 89°-57'-20" West, along said South line, a distance of 206.01 feet to SoUthwest corner of said Lot 2; thence running North 030-26'-00'' East, along the West line of said Lot 2, a distance of 1297.88 feet to a point on the South right-of-way line of L.W.D.D. Canal L-18; thence running due East, along said South right-of-way line, a distance of 202.11 feet to the POINT OF BEGINNING. H:~ibrary~CONTINEN~006413~bauer~docurnent~xhibit A. wpd OPINION OF TITLE TO: City of Boynton Beach Office of the Director of Utilities With the understanding that this Opinion of Title is furnished to the City of Boynton Beach Office of the Director of Utilities, as an inducement for acceptance of a water service agreement, it is hereby certified that I have examined Title Commitment Number CF- 0311496, issued by Attorneys' Title Insurance Fund, Inc. and First American Title Insurance Company Title Update covering the period from the beginning to February 7, 2001 at 6:00 a.m., inclusive, of the following described property: See Exhibit "A" Attached Hereto. I am of the opinion that on the last mentioned date, the fee simple title to the above-described real property was vested in: Wilmer Frederick Bauer, Jr., as Trustee(s) of the Wilmer Frederick Bauer & Alice Spencer Bauer Trusts dated February 27, 1990 Owner Subject to the following encumbrances, liens and other exceptions (If "none" please indicate): 1. RECORDED MORTGAGES: None RECORDED CONSTRUCTION LIENS, CONTRACT LIENS ~ND JUDGMENTS: None 3. GENERAL EXCEPTIONS: ae Bm Rights or claims of parties in possession not shown by the public records. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. Easements or claims of easements not shown by the public records. Opinion of Title Page 2 De Any lien, or right to a lien, for services, or material heretofore furnished, imposed by law and not shown by the public records. Taxes or special assessments which are not shown as existing liens by the public records. 4. SPECIAL EXCEPTIONS: NOTE: A8 BO CO DO Agreement between Lake Worth Drainage District and County of Palm Beach recorded in Deed Book 899, Page 496, as to that portion of the North 40 feet of the East ½ of Section 12, Township 45 South, Range 43 East, lying within 50' of the center line of State Road 809, Sec. 9376-112, according to the plat of said State and County Road Plat Book 1, Page 108 to 113 inclusive. Easement in favor of Florida Power and Light Company contained in instrument dated June 27, 1961 and recorded June 29, 1961, under Official Records Book 649, Page 436. Right-of-Way Deed from Palm Beach Farms Company to Lake Worth Drainage District recorded June 25, 1919 in Deed Book 118, Page 518. Restrictions, conditions, reservations, easements, and other matters contained on the Amended Plat of Sec. 12, Two. 45S, R. 42E, as recorded in Plat Book 9, Page 74. Agreement between Wilmer and Alice S. Bauer and the City of Boynton Beach for water service outside the city limited dated May 21, 1985 and recorded May 31, 1985 in Official Records Book 4559, Page 322. Ail of the recording information contained herein refers to the Public Records of Palm Beach County, Florida, unless otherwise indicated. I HEREBY CERTIFY that I have reviewed all the aforementioned encumbrances and exceptions. Therefore, it is my opinion that the following party must join in the agreement in order to make the agreement a valid and binding covenant on the lands described herein. Opinion of Title Page 3 Name Interest Special ExceDtion Number Wilmer Frederick Bauer, Jr., as Trustee(s) of the Wilmer Frederick Bauer & Alice Spencer Bauer Trusts dated February 27, 1990 Owner I, the undersigned, further certify that I am an attorney-at- law duly admitted to practice in the State of Florida and a member in good standing of the Florida Bar. Respectfully submitted this ;~ day of February, 2002. ~uan E. Rodriquez, Esquire Print Name Florida Bar No. 0616461 Address: 80 S.W. 8th Street, Suite 2550 Miami, Florida 33130 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of February, 2002, by Juan E. Rodriguez, who is 9ersonally known to me. My Commission Expires: 'rlNA DEMERCA~O CO~SSlON # CC?S377~ ~;~ EXPIRES 9J9/2002 BONDED THRU ASA 1.888.NOTAJ~t~ Notary Public Print Name h: \ library\continen\ 006413 \bauer\document\opiniontit le- f ebruary15 EXHIBIT "A" Being a part of Lot 2, amended plat of Section 12, Township 45 South, Range 42 East, as recorded in Plat Book 9, Page 74 of the Public Records of Palm Beach County, Florida, and more particularly described as follows: Commencing at the centerline intersection of Hypoluxo Road and Lawrence Road as now laid out and in use; thence running along the centerline of said Hypoluxo Road on an assumed bearing of due West, a distance of 796.2 feet to a point; thence running South 03°-13'-30" West, a distance of 80.14 feet to a point in the South line of L.W.D.D. Canal L-18, and the POINT OF BEGINNING, thence continuing soUthi03' 13''30" West, a distance of 1298.2 feet to a point .ine of said Lot 2; thence running North 89o-57'-20'' West, line, a distance of 206.01 feet to Southwest corner 2; thence running North 03°-26'-00'' East, along the West line of said Lot 2, a distance of 1297.88 feet to a on the South right-of-way line of due East, along said South ri( line, a 202.11 feet to the POINT OF BEGINNING. H: \ library\CONTINEN\ 006413 \bauer\document \Exhibit A.wpd N H'fPOL~JXO '2 8 ROAD L 10 16 1t 10 [ t6 I LOCATION N.T.S. LEGAL DESCRIPTION' ~5 6 14 15 13 5 13 MAP: PARCEL A: SUBJECT-----, PROPERT'Y 4 /5 2 12 tl 1 t0 t6 Requested City Commission Meeting Dates [] March 19, 2002 [] Apr/l 2, 2002 [] April 16.2002 [] May 7, 2002 VII.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.5 AGENDA ITEM REQUEST FOE,. Date Final Form Must be Turned in to CiW Clerk's Office March 6, 2002 (5:00 p.m.) March 20. 2002 (5:00 p.m.) Apr/1 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4. 2002 [] June 18, 2002 [] July2,2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Un£mished Business [] Announcemem [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the High Ridge Commerce Center, P.I.D. plat subject to the appL~jal affct~ sigfiamres of the Interim Director of Engineering and the city surveyor and mapper. __ c_-: ~r tED ~-I EXPLANATION: This is a replat of the Cedar Ridge, a P.U.D.& High Ridge Commerce Park, a P.I.D. to aba~_ on ~ existing public cul de sac and related easements and consolidate the four existing lots into one developable parcel, r~ !~ (see attached) ~- PROGRAM IMPACT: N.A, FISCAL IMPACT: N.A. ALTERNATIVES: Deny the replat. ~ature Departmer~t Name ' ~ignamre City Att~e~ / Finance/Human Resources S:~BULLET1N~ORMS'~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING HIGH RIDGE COMMERCE CENTER, P.I.D., (A REPLAT OF LOTS 9, 10, 11 AND 12, BLOCK 2, AND A PORTION OF TRACTS S-2 AND S-3 OF CEDAR RIDGE, A P.U.D. AND HIGH RIDGE COMMERCE PARK, A. P.I.D.); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this is a replat of the Cedar Ridge, a P.U.D., and High Ridge Commerce Park, a P..I.D., to abandon the existing public cul de sac and related easements and consolidate the four existing lots into one developable parcel; and WHEREAS, the City Commission upon recommendation of staff, has determined that this approving this replat is in the best interests of the citizens and residents of the City of Boynton Beach; 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, hereby approves the High Ridge Commerce Center, P.I.D. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of April, 2002.. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ,T: Clerk ghRidge Commerce Center P.I.D. Commissioner ~ D SHEET 1 OF 2 SHEETS ,~. . COMMERCEj~ TH/S- PLA T ?,OAD L OCA T/ON MAP VII.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] March 19,2002 March6,2002 (5:00p.m.) [] May21,2002 [] April 2, 2002 March 20, 2002 (5:00 p.m.) [] June 4, 2002 [] April 16, 2002 April 3, 2002 (5:00p.m.) [] June 18, 2002 [] May7,2002 April l7, 2002 (5:00p.m.) [] July2,2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report c.~ RECOMMENDATION: Approve Addendum to Appointment Agreement for Charles J. Magazine, Risk Manager, and ~hori_¢~ the City Manager to execute same. EXPLANATION: Assistant City Manager Wilfred Hawkins has determined that the proposed changes to Charles J. Magazine's Appointment Contract are appropriate and in line with other Directors of City Departments. PROGRAM IMPACT: Not applicable. FISCAL IMPACT: Not applicable. ALTERNATIVES: Not applicable. ~--/-~) e~eht H~ aTSigI~ature --- RISK MANAGEMENT Department Name Cjm/Magazine Contract Addendum 01 .dot SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE cI-rY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE APPOINTMENT CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND CHARLES 3. MAGAZINE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has recommended that the City enter into an Addendum to the Appointment Contract for Charles 3. Magazine, Risk Manager, pursuant to the terms and conditions set forth in the Addendum attached hereto as and made a part hereof. NOW, THEREFORE, BE TI' RESOLVED BY THE CTrY COMMTSSZON OF THE cTrY OF BOYNTON BEACH, FLORZDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida authorizes the City Manager to enter into an addendum to the appointment contract with Charles 3. Magazine, Risk Manager. Section 3, This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) s:ca\Reso\employment matters\ Magazine EXHIBIT "A" FIRST ADDENDUM TO APPOINTMENT CONTRACT This Addendum dated the 16th day of April, 2002, amends the original Appointment Contract between the City of Boynton Beach and Charles J. Magazine, Risk Manager. Unless expressly modified by this Addendum, the original terms of the Appointment Contract shall remain in full force. This Contract Appointment is amended as follows: BASE SALARY. The City shall pay to Charles Magazine an annual salary of Fifty-Six Thousand Six Hundred and Thirty-Two Dollars and Fifty-Eight Cents ($56,632.58), which computes to a 4% annual salary adjustment, over previous salary established February 8, 2001, effective upon ratification by the City Commission, and payable in equal installments at the same intervals as the City's management personnel are paid. INCENTIVE PACKAGE. Charles J. Magazine shall receive the management Incentive Package, which consists of enhanced life insurance and compensatory leave, which became effective in 2001 for Supervisory Management Employees. APPLICATION OF PPM, 17.1. Except as listed below, in those instances when both the Appointment Contract and this Addendum are silent, regarding an employment term or condition which is applicable to general City employees as set forth in the City of ~,oynton Beach Personnel Policy Manual (PPM), as amended from time to time, then in that circumstance the term or condition provided to general City employees in the PPM shall apply to Charles J. Magazine. The following Chapters of the PPM have no application and any term or condition set forth therein are not incorporated as a term or condition of employment for Charles J. Magazine: Chapters 5, 6, 9, 10, 11, 12, 13, 19, 20, 25, 26, 27, 30. In the event of a conflict between the Appointment Contract and this Addendum, the Addendum shall control. The foregoing provisions represent the agreement of the parties and become effective upon ratification by the City Commission. Kart Bressner City Manager Dated: Dated: Charles J. Magazine Risk Manager Cjm/Magazine Contract Addendum 01.doc Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FOmvl Date Final Form Must be Turned in m City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4,2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unf'mished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: " -:, -:~* resolution adopting a new Interlocal Agreement with Palm Beach County funding in an amount up to ~ 70~ Approve a for the development of lntracoastal Park. :~. EXPLANATION: The city and the county had previously entered an Interlocal Agreement for improvements to Boat Club Park and for the development of lntracoastal Park. It was later proposed to create two separate agreements. The city and county have already entered into an agreement addressing Boat Club Park improvements. The Intracoastal Park agreement calls for the city to provide $607,531 towards the estimated $2,307,531 cost of the project; which must be completed by 18 months from the date the agreement is fully executed. The agreement also addresses the out parcel labeled "overflow parking ". This section states that it'is anticipated that the city may change the use of this parcel in the future, but that the Board of County Commissioners must first approve any change of use in writing PROGRAM IMPACT: Approval of this item will allow for the development of much-needed recreational resources in the city. HSCAL IMPACT: Approval of this agreement will secure up to $1,700, O00.£or the development of lntracoastal Park. TheCity c°Uldchoo~e to fully fund the development oflntracoastal :ark itselfor£f, ur/~fier p~fl~one the project. J Del~ar(rnent Head's Signatur/ / ..... ' City tvYa~ager's Signature Department Name /?" - City 2~b~e37 / Fina~nce / Hurrian Resources Parks ' S:'~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY (COUNTY) AND THE CITY OF BOYNTON BEACH (CITY) FOR FUNDING OF INTRACOASTAL PARK IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has requested that Intracoastal Park (formerly referred to as Intracoastal Waterway Park Development) be allocated funding from Palm Beach County for its development; WHEREAS, the purpose of this I_nterlocal Agreement is to enhance recreational opportunities for use by the public and thereby provide a mechanism for the County to assist the City in the funding of the project; WHEREAS, the CITY desires to operate and maintain the Project upon its completion and said project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, the Project represents recreation projects enumerated in the $25.3 Million Park Improvement Revenue Bond Issues, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ~BOYNTON BEACH, FLORIDA, THAT: Section 1. This Commission does hereby authorize and direct the Mayor and City Clerk to execute an Interlocal Agreement between Palm Beach County and the City of Boynton Beach for funding in an amount not to exceed $1,7000,000 for the development of Intracoastal Park. Section 2 That this Resolution shall become immediately upon passage. effective PASSED AND ADOPTED this day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:~ &RESO'~Agreernents~InterlocalsXlnterlocaMntracoashal Park.doc Department of Parks and Recreation 2700 6th Avenue South Lake Worth. FL 33461 (561) 966-6600 Fax: (561) 642-2640 www. pbcgov, com Palm Beach County Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarCy Bur[ Aaronson Tony Masilotti Addle L. Greene County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer' ~ printed on reoycled paper March 25, 2002 Mr. Kurt Bressner, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FI 33425-0310 RE: 999 Recreational and Cultural Facilities Bond Interlocal Agreement for intracoastal Park Development Dear Mr. Bressner: Attached are two originals of a tri-party Interlocal Agreement for funding in an amount up to $1,700,000 for the development of Intracoastal Park. The Exhibits Bill DeBeck provided on March 7 are attached to each Agreement. The City will be required to provide $607,531 toward the estimated $2,307,531 cost of the total project. The Agreement requires that the project be complete by eighteen months from the date the Agreement is fully executed. Section 4.02 of the Agreement addresses the out parcel which is labeled "Overflow Parking" on the site plan. This section states that it is anticipated that the City may change the use of this parcel in the future, but that any change of use must first be approved in writing by the Board of County Commissioners. Please have this Agreement executed on behalf of the City of Boynton Beach and return both originals, including exhibits plus the required insurance certifications (see Page 7, Section 12). We will then place the Intedocal Agreement on the Agenda for approval of the Board of County Commissioners. If you have any questions on the Agreement, please contact Susan Yinger, Contract/Grant Coordinator, at 966-6653. Dennis L. Eshl~man, Director Parks and Recreation Department DLE:SWY Attachments Copy to: Commissioner Mary McCarty, District 4 John Wildner, Parks Director Bill DeBeck, Project Manager Bill Wilsher Mike Martz INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF INTRACOASTAL PARK DEVELOPMENT THIS INTERLOCAL AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, a political subdivision ofthe State of Florida, hereinafter referred to as the "COUNTY" and the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, the CITY previously entered into an Agreement (R-97-366-D) for the funding of Intracoastal Waterway Park Development and Boat Club Park Improvements; and WHEREAS, the Agreement was amended (R-2000-0647) to revoke the funding of Intracoastal Waterway Park and to remove all references to Intracoastal Waterway Park from the Agreement; and WHEREAS, the City has requested that Intracoastal Waterway Park (now known as Intracoastal Park) again be allocated funding from Palm Beach County for its development; and WHEREAS, the CITY owns the Intracoastal Park property, located on North Federal HighWay south of Gateway Boulevard in the City of Boynton Beach; and WHEREAS. the CITY desires to design and develop Intracoastal Park as a passive waterway park; and WHEREAS, the CITY has asked the COUNTY to financially participate in the design and construction of Intracoastal P. ark, hereinafter referred to as "the Project"; and WHEREAS. the Project represents recreation projects enumerated in the $25.3 Million Park Improvement Revenue Bond Issue, as amended; and WHEREAS the CITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, both parties desire to increase the recreational opportunities for residents of Palm B~ach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist the CITY in the funding of the Project. Section 1.03 COUNTY will pay to the CITY a total amount not to exceed $1,700,000 for the construction of Intracoastal Park, as more fully described in the Conceptual Site Plan and Project Description attached hereto and made a part hereof as Exhibit "A". Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $607,531 or greater to complete the Project. Section 1.05 The CITY and County agree that no boat trailer parking spaces will be located in Intracoastal Park. The twenty five (25) spaces originally planned for this site have been moved to Boat Club Park. Section 1.06 The COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 964-6600. The CITY's representative during the design and construction of the Project shall be John Wildner, Director of Parks and Recreation, telephone no. (561) 742-6226. Section 1.07 The CITY shall design and construct the Project upon property owned by the CITY as more fully described in Exhibit "B" attached hereto and made a part hereof. Section 1.08 The CITY shall utilize its procurement process for all design and construction services and material acquisitions required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. The COUNTY shall have no contractual obligation to any person retained by the CITY with regard to the Project. Any disputes, claims, or lability that may arise as a result of the CITY's procurement is solely the responsibility of the CITY and the CITY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Chapter 768.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 The CITY shall be responsible forthe design and construction of the Project, hereinafter referred to as "Project". CITY shall design and construct the Project. in' substantial accordance with Exhibit "A", (Project Description and Conceptual Site Plan), attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, the CITY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design Work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 The CITY shall provide a copy of the engineer's and/or architect's programming phase documents (i,e., site' plan, floor plan, elevations, etc.) to .the COUNTY's Representative for review. The COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Interlocal Agreement. Section 2.04 The CI-t~Y shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 Prior to the CITY commencing construction of the Project, the CITY'shall provide a copy of all plans and specifications along with the associated costs thereof to the COUNTY's Representative for review of same to ensure consistency with the intent Of this I nterlocal Agreement. Section 2.06 The CITY agrees to totally complete the Project and open same to the I~ublic for its intended use within eighteen (18) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninetY' (90) days prior to that date, the CITY may request an extension beyond this period for the purpose of completing the Project. The COUNTY shall not unreasonably deny the CITY's request for said extension. Section 2.07 The CITY shall submit quarterly project status reports for the Project to the COUNTY's Representative on or before January 10, April 10, July 10, and October 10 during the design and construction of the Project. These quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by the COUNTY to the CITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of the CITY. Should the total cost of the Project exceed the amount as projected by the CITY, the CITY shall budget and appropriate the excess funds required for completion of the Project. The COUNTY shall not dispense any funds to the CITY for the Project until the CITY has budgeted and appropriated said excess funds for the Project. Section 3.02 The COUNTY shall pay reimbursable costs to the CITY on a quarterly basis from the date of execution of this Interlocal Agreement. For eaCh requested quarterly payment, the CITY shall provide to the COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by the CITY and shall include the vendor invoice reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, the CITY's Project Administrator and Project Financial Officer shall certify,the total funds spent by the CITY on the Project and; shall :also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by the CITY as indicated. Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount allocated to the CITY for the Project until the CITY completes the total Project and provides the COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and the COUNTY receives and approves all documentation as required in accordance with this Interlocal Agreement. The County's representative shall visit the Project, site to verify and approve said final reimbursement. Sect on 3 04 The CITY shall provide a request for final reimbursement to the COUNTY no later than ninety (90) days following substantial completion of the Project. Section 3.05 The County agrees to reimburse CITY an amount not to exceed $0 for pre- agreement costs. Project costs are fully described in Exhibit "D", Cost Estimate. Section 3.06 For construction projects not fully funded by the County Bond, all design and engineering costs associated with the project shall be borne by the CITY, and will not be eligible for reimbursement from the County. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the property of the CITY. The COUNTY shall not be required to pay the CITY any additional funds for any other capital improvement required by or of the CITY. Section 4.02 The CITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. The CITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. The parties anticipate that the out parcel identified in Exhibit B portion of the Project may be changed by the CITY in the future to other municipal purposes. Any such change of use for the out parcel identified in Exhibit B shall only be effective subject to the written approval of the COUNTY's Board of County Commissioners. The CITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Interlocal Agreement by the parties hereto. The CITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.03 The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. The CITY may not assign this Interlocal Agreement nor any interest hereunder without the express prior written consent of the COUNTY. Section 4.04 It is the intent of the COUNTY to issue this funding assistance to the CITY for the purpose set forth hereinabove. In the event the CITY transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in writing, CITY's obligations hereunder,' the COUNTY retains the right to reimbursement from the CITY for its participation to the full extent of the funding assistance awarded to accomplish either Project. Should CITY transfer management of the project to a party or parties not now a part of this Interlocal Agreement, CITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, CITY shall not transfer management of the Project to a third party without the written consent of the COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 The CITY warrants that the Project shall serve a public recreational purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of the CITY. The CITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Interlocal Agreement by the parties hereto. The CITY shall restrict its use of the Project to recreational, civic, community, and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 The CITY shall affix a permanent plaque or marker in a prominent location at each completed Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by the COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the design and construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by the COUNTY, except that such records shall be retained by the CITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. The COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 As to the CITY: Director of Parks and Recreation Boynton Beach Parks and Recreation Department P.O. Box 310 Boynton Beach, FI 33425 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE The COUNTY may terminate this Interlocal Agreement upon written notice to the CITY for non-compliance by the CITY in the performance of any of the terms and conditions as set forth herein and where the CITY does not cure said non-compliance within ninety (90 ninety) days of receipt of written notice from the COUNTY to do so. Further, upon written notice, the CITY shall reimburse to the COUNTY any funds provided to the CITY pursuant to this Interlocal Agreement, either in whole or in part as determined by the COUNTY. Reimbursement is limited to material breaches which prevent the operation of the project for its intended recreational purpose as referenced herein. ARTICLE 9. REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy Shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION CITY shall indemnify, defend, and hold harmless COUNTY against any actions, claims, or damages arising out of CITY's negligence in connection with this Interlocal Agreement to the eXtent permitted by law. The foregoing indemnificatioh shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 763.28, Florida Statutes, nor shall the same be construed to constitute agreement to indemnify the County for the County's negligent acts or omissions. ARTICLE 12: INSURANCE Without waiting the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the CITY acknowledges to be self insured for General Liability under Florida sovereign immunity_statutes with coverage limits of $100,000 per person and $200,000 per occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event that the CITY does not rely exclusively on sovereign immunity as provided by Section 768.28, Florida Statutes, the CITY Shall agree to maintain third-party Commercial General Liability at limits not less than $500,000 combined single limit for bodily injury or property damage. With respect to Commercial General Liability, CITY shall agree to add the COUNTY as an "Additional Insured". Any claims-bill tailored coverage shall not be considered third party liability for the purpose of this paragraph. The CITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Chapter 440, Florida Statutes. The CITY agrees to maintain or acknowledges to be self-insured for property insurance, which would include builder's risk insurance while the project is in the course of construction ,in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, Ali-Risk property insurance for adequate limits based on the CITY's replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. CITY shall agree to be fully responsible for any deductible or self-insured retention. The CITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve CITY of its liability and obligations under this Interlocal Agreement. ARTICLE 13: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 14: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ® ~ - ARTICLE 15: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY and the CITY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be' added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST:' DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Warren H. Newell, Chairman ATTEST: CITY OF BOYNTON BEACH By: City Cie rk By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. City Attorney APPROVED AS TO TERMS AND CONDITIONS By: Dennis L. Eshleman, Director Parks and Recreation Department EXHIBIT A PROJECT DESCRIPTION AND CONCEPTUAL SITE PLAN Project Description The City of Boynton Beach Intracoastal Park will be developed on an existing vacant 10-acre site on the Intracoastal Waterway. This stage of development will include the following: 1. A Veterans Memorial at the entrance with a grassed plaza and sitting wall on the lakes edge. 2. A large 1250 square foot group picnic shelter, 3. 2 small 800 square foot family picnic shelter. 4. 1 - 680 square foot restroom building. 5. 1 - 3200 square foot group picnic pavilion and restroom building with an Intracoastal view and access to the water's edge shoreline. 6. Parking for 87 cars in 2 parking lots with a stabilized grassed area for overflow parking for approx, 60 cars on the future municipal use area. 7. A small lake with a floating lighted fountain. 8. A children's playground with rubberized playing surface (alternate #1) 9. Complete site landscaping and irrigation. I0.I/3 mile concrete loop walkway, paverblock walkways and terrace 1 l.Preservation of existing mangrove and coastal planting areas in the SE comer of the property. EXHIBIT B LEGAL DESC~PTION OF PROPERTY EXHIBIT "B" INTRACOASTAL PARK PROPERTY LEGAL DESCRIPTION A parcel of land being a portion of Lots 7, 8, and 9, S AM BROWN JR'S HYPOLUXO :' SUBDIVISION. according to the plat thereof recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida LESS the West 94.00 feet of said Lots for the Right-or- Way for State Road No. 5 (U.S. Highway No. 2), AND That parcel of submerged lands as decribed in Official Record Book 486, Page 539 of the Public Records of Palm Beach County, Florida. EXHIBIT "B" OUTPARCEL TO INTRACOASTAL PARK PROPERTY LEGAL DESCRIPTION A parcel of land being a portion of Lots 7, 8 and 9, SAM BROWN JR'S HYPOLUXO SUBDIVISION, according to the plat thereof recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida, LESS the West 94.00 feet of said Lots for the Right-of- Way for State Road No. 5 (U.S. Highway No. 1), AND That parcel of submerged lands as described in Official Record Book 486, Page 539 of the Public Records of Palm Beach County, Florida. COMMENCING at the Northwest comer of said Lot 7, thence along the North line of said Lot 7 (along an assumed bearing of S. 89o07'37" E., a distance of 94.77 feet to a point on the East Right-of-Way line of State Road No. 5 (U.S. Highway No. 1) and the POINT OF BEGINNING. Thence continue along the same course a distance of 160.00 feet to a point; · Thence run S. 08o12'00'' W., a distance of 250.00 feet to a point; Thence run N. 89007'37'' W., along a line that is 247.96 feet South of and parallel with the North line of said Lot 7, a distance of 160.00 feet to a point on the said East Right-of-Way line of State Road No. 5 (U.S. Highway No. 1), as laid out and in use in the field; Thence run N. 08o12'00', E., along the said East Right-of-Way line of State Road No. 5 (U.S. Highway No. 1), a distance of 250.00 feet, more or less, to the POINT OF BEGINNING. Said parcel of land containing 0.9108 acres, more or less. Z u.s ~¢~w,~, ~o. ~ LINE OF' LOTS 7 AND 8 RIGHT_oF_wAY LINE N~50. O0, 247.59' S08' 1~ -- m EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM Grantee PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST (Project) Request Date EXHIBIT C Billing # Billing Period Item Consulting Services Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS Certification: I hereby certify that the above were incurred for the work identified as being accomplished in the attached progress reports. PROJECT PAYMENT SUMMARY Project Costs Cumulative This Billing Project Costs Total Project Costs Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Ad mi n istrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage ( %) County funds previously disbursed County funds due this billing $ $ $. $ ( (. $ Reviewed and Approved by: PBC Project Administrator/Date Department Director/Date 1 OF2 EXHIBIT D PROJECT COST ESTIMATE Intracoastal Park, City of Boynton Beach 03/04/02 Estimate of Construciton Cost Wallace Roberts & Todd, LLC Item Quantity Unit Cost Unit Total Remarks General Conditions 1 $0 EA $132,000 CIVIL Lake Excav. & Spread 5150 5 SY 25,750 Asphalt 6000 18 SY 109,500 Limerock & Base Concrete Sidewalk -1378 15 LF 20,670 1 Type D Curb 3200 7 LF 22,400 i Drainage & Stripping 1 171,400 LS 171,400 Water Distdb. System 1500 39 LF 57,750 San. Sewer Connect. 1 26,000 EA 26,000 CIVIL TOTAL $433,470 ARCHITECTURE Memorial Shelter 470 90 SF 42~300 Small Picnic Shelter 1776 90 SF 159,840 Lar~le Picnic Shelter 900 90 SF 81,000 Picnic Pavilion 1992 150 SF 298,800 Restroom 650 150 SF 97,500 TOTAL ARCH. $679,440 SITE Plaza Paving 7808 4 SF 31,232 Concrete Pavers Memodal Wall 116 200 LF 23,200 Concrete Pavers Entrance Spec. Paving 4868 4 SF 19,472 Concrete Pavers Vet. Memodal Paving 2621 4 SF 10,484 3,oncrete Pavers Vet. Memodal Monument 1 10,000 EA 10,000 Site Lighting 28 2,500 EA 70,000 Parking Lot Lighting 17 3,000 EA 51,000 Dumpster Enclosure I 10,000 EA 10,000 Enclosure Gate 1 2,000 EA 2,000 Entr7 Gate 1 2,000 LS 2,000 Floating Fountain 1 12,000 EA 12,000 Ddnking Fountain I 1,000 EA 1,000 Flagpole I 2,500 EA 2,500 Bicycle Rack 2 1,000 EA 2,000 Benches 11 1,000 EA 11,000 Tables 42 1,400 EA 58,800 Waste Recept. 25 500 EA 12 500 Signage 1 20,000 LS 20,000 Landscape Berm 1881 15 CY 28,215 ! Large Shade Tree 27 700 EA 18,900 ~ ShadelOmam. Tree 127 250 EA 31,750 ! Small/Flower Tree 124 150 EA 18,600 Palm Tree 195 250 EA 48,750 Royal Palms 31 400 EA 12,400 Shrub/Groundcover 4105 6 EA 24,630 Wetland Plantings 2447 7 EA 17,129 sod 253210 0 SF 65,835 Irri~lation 283720 0 SF .99,302 TOTAL SITE $714,699 SubtOtal 1,959 609 Contingency - 10% 195,961; Subtotal $2,155,869 ALTERNATES Wall 850 44 LF 37,400 Tot Lot I 100,747 LS 100,747 TOTAL ALTERNATES $138,147 Contingency 10% 209,776: TOTAL, $2,307,531 VII.-CONSENT AGENDA ITEM C.8 CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to CiW Clerk's Office Meetin~ Dates [] March 19, 2002 March 6, 2002 (5:00 p.m.) [] May 21, 2002 [] April 2, 2002 March 20, 2002 (5:00 p.m.) [] June 4, 2002 [] April 16, 2002 Apr/1 3,2002 (5:00p.m.) [] June 18, 2002 [] May 7, 2002 April 17, 2002 (5:00 p.m.) [] July 2, 2002 Date Final Form Must be Turned tn to Cir~ Clerk's Office May 8. 2002 (5:00 p.m.) May 22, 2002 (5:00 p,m.) Iune 5, 2002 (5:00 p.m.) June 19. 2002 ~5:00 p,m.)  Administrative [] Development Plans NATURE OF Consent Agenda [] New Business AGENDA ITEM [] Public Hearing LegaI ~ Bids ~ Unfi~shed Bus,ess ~ ~o~cement ~ Presentation ~ CiW Manager's Report ~COMMENDATION: Appoint representative to ~e Pa~ Beach Co~ Lea~e of Cities. General mee~gs ~e held eve~ 4* We~esday of mon~ at 10:30 a.m. m a different Ci~ Hall each month. C~ent representative is Mayor Je~ Broenmg and all Co~ssioners, as well as ~e Ci~ Manager, are alternates. EXPLANATION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Department Head's Signature Department Name ~Y'" ~City A~pf-ngy / Finance · Human Resources S3BULLETINWORMS~GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING MAYOR GERALD BROENING AS A REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES AND APPOINTING ALL CITY COMMISSION MEMBERS, AND THE CITY MANAGER, AS ALTERNATE REPRESENTATIVES TO THE PALM BEACH COUNTY LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Palm Beach County League of Cities; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such fight and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being tree and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints Mayor Gerald Broening as a representative to the League of Cities and appoints any City Commission member and City Manager as alternate representative to the Palm Beach County League of Cities. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:ca~.eso~e~tmen~\ Palm Beach County Leagu~ of Citite~ Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 VII.-CONSENT AG EN DA ITEM C.9 CITY OF BOYNTON BEACH _AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18,2002 [] July2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve a Resolution amending the Guidelines for the City Commission Reinvestment Programto include new eligible projects. - See Exhibit "A" EXPLANATION: The City Commission determined at the March 19~, 2002 City Commission meeting that in order to better improve the appearance of the community or provide additional services, a change in the ehgible projects was appropriate. PROGRAM IMPACT: The amount of funding remains the same, but the eligible project base is broadened. FISCAL IMPACT: Funds are already budgeted in the amount of $62,500 level. ALTERNATIVES: 1. Make no changes to the existing policy. 2. Approve Resolution (Exhibit A). 3. Approve Alternate Resolution (Exhibit B), which expands the eligible programs, as well as provides for funding eligibility to be divided into two six month cycles. Department Head's Signature lty anager s Signature City Manager Department Name t~ -- Cityprtto-}nex]/Finance-/H~Resottrces SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE GUIDELINES FOR DISTRIBUTION OF COMMUNITY INVESTMENT FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there was created by Resolution R01-08 a policy and guidelines for Community Activity Grants, which Resolution was amended in January, 2001, by Resolution No. R01-232, providing for distribution of certain funds by the City Commission in support of community projects and activities; and WHEREAS, the City Commission of the City of Boynton Beach now desires to amend the Guidelines for Distribution of Community Investments Funds to include contributions to the Community Caring Kitchen, the YMCA program and the Woman's Club, as eligible projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are tree and correct and hereby ratified and confirmed by the City Commission Section 2. That the City commission of the City of Boynton Beach does hereby approve the Amended Guidelines for Distribution of Community Investment Funds, to include contributions to the Community Caring Kitchen, the YMCA program the Woman's Club as eligible projects, said amended Guidelines being attached and made a part hereof. Section 3. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) ;:caU~esoU_egis\Guidelines for Comm Investment Funds 040802 GUIDELINES FOR DISTRIBUTION OF COMMUNITY INVESTMENT FUNDS Introduction: Included in he City of Boynton Beach Budget for Fiscal 2000-01 program year is $125,000 in Community Investment Funds. The funds are available to each of the five members of the City Commission in the amount of $25,000 to support community projects and activities. This report will suggest basic guidelines for the distribution and use of these public funds for community projects or activities. In Fiscal 2001-02 the program was re-authorized but at a lesser funding level of $62,500. Program Eligibility Period: October 1, 2001 to September 30, 2002 Amount available to each member of the City Commission: $12,500 broken into two eligibility periods: ao October 1, 2001 to February 28, 2002 - maximum of $6,500 March 1, 2002 to September 30, 2002 - maximum of $6,500 The purpose of the two eligibility periods is to assure funding opportunities to outgoing and incoming members of the City Commission based on the March 2002 election. Eligible projects may consist of assistance to local community organizations for physical improvements to public property or public rights of way such as parks, medians or other City-owned property. The assistance may be in outfight grants to support improvements to public property or on a cost-sharing basis with local organizations. Before funding, the proposed improvements must receive necessary permits, staff review for compatibility with design plans or capital construction plans and must be approved by the City Commission by motion on the Consent Agenda. Eligible projects shall also include contributions to scholarship programs, which are City administered and operated, and open only to students who reside within the City limits of the City of Boynton Beach. Eli.eible projects shall also include donations to the Community Caring Kitchen, the YMCA Program and the Woman's Club. Ineligible projects include direct financial support or gifts to individuals, businesses, or associations including funding of any operational activities, with the exception of contributions to scholarship programs, and donations to the Community Caring Kitchen, the YMCA Pro.re'am and the Woman's Club, as outlined above. RESOLUTION NO. R 02 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE GUIDELINES FOR DISTRIBUTION OF COMMUNITY INVESTMENT FUNDS; AND PROVDING AN EFFECTIVE DATE. WHEREAS, there was created by Resolution R01-08 a policy and guidelines for Community Activity Grants, which Resolution was amended in January, 2001, by Resolution No. R01-232, providing for distribution of certain funds by the City Commission in support of community projects and activities; and WHEREAS, the City Commission of the City of Boynton Beach now desires to amend the Guidelines for Distribution of Community Investment Funds to include contributions to the Community Caring Kitchen, the YMCA program and the Woman's Club, as eligible projects, and to amend the guidelines to reflect the change in election fi-om March to November. NOW, THEREFORE, BE IT REsoLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City commission of the City of Boynton Beach does hereby approve the Amended Guidelines for Distribution of Community Investment Funds, to include contributions to the Community Caring kitchen, the YMCA program, and the Woman's Club as eligible projects, and to correct the guidelines to reflect the change in the election fi:om March to November, as set forth in the amended Guidelines being attached hereto and made a part hereof. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) s:ea'uResdd, egis\C, uidelines for Corem Investment Funds 040802 GUIDELINES FOR DISTRIBUTION OF COMMUNITY INVESTMENT FUNDS Introduction: Included in he City of Boynton Beach Budget for Fiscal 2000-01 program year is $125,000 in Community Investment Funds. The funds are available to each of the five members of the City Commission in the amount of $25,000 to support community projects and activities. This report will suggest basic guidelines for the distribution and use of these public funds for commumty projects or activities. In Fiscal 2001-02 the program was re-authorized but at a lesser funding level of $62,500. Program Eligibility Period: October 1, 2001 to September 30, 2002 Amount available to each member of the City Commission: $12,500 broken into two eligibility periods: a. October 1, .ann 2001 to F ..... j .,.~ 299t March 31, 2002 - maximum of [ $6,500 b. March 1.2090 April 1, 2002 to September 30, 2901 2002- maximum of [ $6,500 plus any carry-over from prior six month period Eligible projects may consist of assistance to local community organizations for physical improvements to public property or public rights of way such as parks, medians or other City-owned property. The assistance may be in outright grants to support improvements to public property or on a cost-sharing basis with local organizations. Before funding, the proposed improvements must receive necessary permits, staff review for compatibility with design plans or capital construction plans and must be approved by the City Commission by 'motion on the Consent Agenda. Eligible projects shall also include contributions to scholarship programs, which are City administered and operated, and open only to students who reside within the City limits of the City of Boynton Beach. Eligible projects shall also include donations to the Community Caring Kitchen, the YMCA Program and the Woman's Club. Ineligible projects include direct financial support or gifts to individuals, businesses, or associations including funding of any operational activities, with the exception of contributions to scholarship programs, and donations to the Community Caring Kitchen, the YMCA Program and the Woman's Club. as outlined above. VI'I.-CONSENT AGENDA TTEM E.1. CITY OF BOYNTON BEACH -AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [] March 19, 2002 March 6. 2002 (5:00 p.m.) [] May 21. 2002 [] April 2. 2002 March 20, 2002 (5:00 p.m.) [] June 4. 2002 [] April 16.2002 April3,2002 (5:00p.m.) [] JunelS, 2002 [] May 7. 2002 Apri] 17, 2002 (5:00 p.m.) [] July 2, 2002 NATURE OF AGENDA ITEM Requested City Commission Meeting Dates Date Final Form Must be Turned m to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19. 2002 (5:00 p.m.) [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business r-,~ [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the April 16, 2002 City Commission Agenda under Consent Agenda. The Commumty Redevelopment Agency Board with a unammous vote, recommended that the subject request be approved subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-059. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BOYNTON HILLS BLOCK C LOT 152 Ash Bullard P. B. Horizons, Inc. Boynton Hills Block C Lot 152 Request relief from Chapter 2, Zoning, Section 5.D.2.a, requiring a mmirnum front setback of 25 feet for a single-family home within the R-1-A zoning district, to allow for a variance of 8.7 feet, and a front setback of 16.3 feet. Request relief from Chapter 2, Zoning, Section 5.D.2.a, requiting a minimum rear setback of 25 feet for a single-family home within the R-1-A zoning district, to allow for a variance of 17.5 feet, and a rear setback of 7.5 feet. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVE~f' N/A Deve~rn~nt ~epa-rt~n'[nt 15irector Planning and ZOtni~g Director City Manager's Signature City Attorney / Finance / Human Resources S:~lanning~HARED\WP~PROJECTS~Boynton HillsXBtk C- Lot 152XAgenda Item Request Boynton Hills Blck C Lot 152 4-16-02.dot SSBULLETIN~FORMSX4kGENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM #PZ 02-059 Staff Repor'[ Community Redevelopment Agency Board and City Commission Meeting Date: April 9, 2001 File No: ZNCV 02-001 - Front and rear setback Location: Boynton Hills Subdivision, Lot 152, Block C Owner: P.B. Horizons, Inc. Project: Request: Building a single-family home on a parcel zoned R-1-A. Request for two (2) variances from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5, F.2.a. to build a single-family home on a lot zoned R-1-A: 1) to include an 8.7-foot reduction from the twenty-five (25) foot front yard setback required by code to allow a 16.3-foot front setback; and 2) to include a 17.5-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 7.5-foot rear setback BACKGROUND The subject property, located on the southeast corner of N.W. 1 '~ Street and N.W. 8~ Avenue is zoned R-l-A, single family residential (see Exhibit "A" - Location Map). The lot is currently vacant and remains as originally platted. The Boynton Hills subdivision was origina. Ily platted in 1925. Contrary to the gridiron pattern used in the development of most American towns, this subdivision used the radial scheme and diagonal avenues over the grid (see Exhibit "B" - Boynton Hills Subdivision). This design created many irregularly-shaped and substandard lots by current regulations. The majority of the subdivision is developed including a large portion of the original substandard lots. Mr, Ash Bullard, agent for P.B. Horizons, Inc. is requesting the above-referenced variances. The applicant proposes to construct a single-family home on a trapezoid-shaped parcel (see Exhibit "C" - Proposal Survey). The total site is approximately 6,900 square feet and has a frontage of 140.25 feet. The parcels on both sides of the subject property are developed. The requirements to build a single-family dwelling unit within the R-1-A zoning district are as follow: · Front setback: 25 feet; · Rear setback: 25 feet. The applicant is proposing the following setbacks: · Front setback: 16.3 feet; · Rear setback: 7.5 feet. Page 2 Boyn[on Hills Block C Lot 152 Variance File No. ZNiCV 02-001 The construction of a sing~-_family home with the above-referenced characteristics requires the Bo (,2) variances as descri[:)ea herein. It is practically impossible to build a single-family home on this shallow lot that will meet both minimum size requirements and setbacks. Staff visited the area and observed that the majority of dwelling units in the neighborhood are detachea single-family homes, built on irregular and substandard lots, with some of ttqem having either front or rear setback deficiencies relative to current L-and Development Regulations. The subject lot has similar ~ot constraints (see Exhibit "D" - Survey). ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: ac That special conditions and circumstances exJst which are peculiar to the /and, structure, or building involved and which are not applicable to other/ands, structures or buildings in the same zoning districL b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning d/strict. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning d/strict under the terms of the ordinance and would work unnecessary and undue hardship on the applicanL e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit '~E". Indeed, this circumstance is a result of the subdivision being platted in 1925 according to less stringent standards, and following the aesthetic approach of the City Beautiful movement. In 1975 the City adopted new zoning regulations which caused many parcels to become legally non-conforming, including those in the Boynton Hills Subdivision Plat. Staff verified by site visit that the substandard conditions still exist. Consequently, a large number of those parcels have been developed for single-family homes. Staff concurs with the applicant that special conditions and circumstances exist, related to lot depth, that are not the result of actions by the applicant, therefore satisfying criteria "a" and ~b" above. Staff also concurs with the applicant that the approval of the variances will not confer any special privileges. There are several substandard parcels within the area, similarly zoned, which were also the subject of variance approvals in conjunction with the development of single-family homes. For example, a single-family home exists on the adjacent lot ¢139 with a 17.1-foot front setback, which is comparable to the applicant's request. Therefore, denial of this variance request would deprive the applicant of the n ghts already enjoyed by others. Therefore, criteria "c" and "d" are satisfied. With respect to criterion "e", which considers if the request is the minimum necessary to make possible the reasonable use of the property, a unit design has been selected. Regardless of the building configuration on the lot, any single-family dwelling that would meet the minimum living area standard Page 3 Boynton Hills Block C Lot 152 Variance File No. ZNCV 02-001 would still encroach into the'front and rear setbacks. This proposed application represents the minimum variance required in achiev('ng the reasonable use of the land. In addition, it should be noted that both lots located to the east and south of the subject property are developed, thereby preventing further land assemblage to create a lot sufficient in size to comply with the minimum lot standards. Lastly, staff finds that grant ng the variances will not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement will be consistent with existing character st cs of the neighborhood including lot sizes, ot frontages, house sizes and styles. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff finds that a "hardship" exists. Staff also concludes that the approval of the requested variances will enhanoe the community by supporting new infill housing development in the neighborhood. Therefore, staff recommends that the requested variances be approved, thereby granting relief from the Land Development Regulations, Chapter 2-Zoning to allow: 1 ) An 8.7ofoot reduction from the twenty-five (25) foot front yard setback required by code to allow a 16.3-foot front yard setback; a nd 2) A 17.5-foot reduction from the twenty-five (25) foot rear yard setback recuired by code to allow a 7.5-foot rear yard setback. If approved, it should be noted that relief should apply to the subject property only as represented n Exhibit "C" of the staff report thereby limiting the minimum 7.5-foot rear setback to a corner of the unit, and precluding the application of this rear setback to the entire rear of the proposed structure. Any conditions of approval added by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "F". MPJMDA S:\PlanninCS HARED\WP\PROJECTS\BOYNTON HILLS BLOCK C LOT 152\STAFF REP-Front and rear setback.doc Location Map Boynton Hills Block C Lot 152 E.XH t B tT "A" 400 0 400 800 1200 Feet S:\Pi~nnin~SHAP,.EDVWP~pRoJ~ECTS'~BOYNTON HILLS BLOCK. C LOT l$2~.Loc~tion ,~la~.doc EXHIB ! 1,5' '1 /7.5" /,31 /52 /.55 /5'4. I /55 1'52. ~ ~ 0 !R~L 105 lO2. ic~ / ~ EXHIBIT "C" SURVEY SKETCH s??-~,r ADDRESS : -- VAC,..,4T LOT ~ ' ' ' BO YNTON BEA CH, FLORIDA S~4LE I' = 30' BLOCK C v C~MMUNI~ PANEL : 120192-019C~ 8Y : ~R~ OA~ · 1-25-02 (~000 ZONE : 'B','C','D'. ~ 'X' ARE NOT IN OESI~A~D ~0~ HA~RO ZONE AREA.) M & P ~ND SURVEYORS ~.o. PROFESSIONAL LAND SUR~YORS ~ MAPPERS CORAL SPRINGS. ~ORIOA 33077 aa~24O-a2~9 954-242-6067 ~AX g54-~-e~55 PROJECT NO: ORA~ BY: ~ HN I CHECKED 9Y: ~ HN 1H-21007 ,,, ~URVEY SV, ETCH EXHIBIT "D, ST'"'~T ADDRESS : VAc,-cNT LOT BOYNTON BEACH, FLORIDA $° CLF LOT 151 BLOCK C VACANT ~ ,et LOT 140 ~LOCK C LOT 139 BL~CK C BLOCK C ~OD ZO~ : C ~ C~MMUNI~ PANEL : 1201~2-0190~ / DA~ : 6-2-gg ~R~Y OA~ ' 1-25-02 ~OOD ZONE: 'B'.'C','D'. ~ 'X' ARE NOT IN DE~A~D ~OOD HAZAR0 ZONE  RE~SiONS M & P ~ND SUR~YORS ~.o. eox PROFESSIONAL LANO SUR~YORS a ~AP~ERS 95+-:~-B219 g54-2+2-6067 PROJECT NO: 1H-21007 EXHIBIT "E" P B Horizons, Inc. 701 NW I3m St. B I Boca Raton, FI.33486 Special conditions, hardships, or reasons justifying the variances: A) This is an odd shaped lot, which differs from most of the neighborhood lots, which are 50' wide by varying depths of 100' down to 70'. B) This lot was sub-divided prior to P B Horizons purchasing it. Subsequent to the establishment of this lot, zoning requirements have rendered it unusable for a single-family dwelling. C) There are houses on similar sized lots in the district. The proposed house will be in keeping with the neighborhood. D) The present setback requirements present a hardship in that the lot is unbuildabte. £) F) We have downsized the house to the dimensions of 28' X 50'thus allowing the greatest possible setbacks. By doing this we have fallen below the minirnm sq. footage requirement for this zone, thus our request for the second variance. ,- The house proposed will be an addition to the neighborhood. It will be new and landscaped which will be a great improvement over the existing vacant 10t. THE PROPOSED UNIT DIMENSIONS STILL MEET THE REQUIREMENT FOR MINIMUM LIVING AREA EXHIBIT "F" Conditions of Approval Project name: Boynton Hills Block C Lot 152 File number: ZNCV 02-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTIIJTIES Comments: None X FIRE X Comments: None POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Conunents: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 1. Relief should apply to the subject property only as represented in Exhibit X "C" of the staff report thereby limiting the minimum 7.5-foot rear setback to a comer of the unit, and precluding the application of this rear setback to the Conditions of Approval 2 ADDITIONAL PLANNFNG AND DEVELOPMENT BOARD CONDITIONS comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Hills\BIk C- Lot 152\Condition of Approval 2 page revised 2002 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Hills Subdivision. Lot 152, Block C APPLICANT'S AGENT: - - Ash Dullard APPLICANT'S ADDRESS: 2644 Lorraine Court DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2002 TYPE OF RELIEF SOUGHT: Request two (2) variances to build a ~ingle-family home on a lot zoned R-1-A to include an 8.7-foot reduction from the twenty-five (25) foot front yard setback required by code to allow a 16.3ofoot front setback; and to include a 17.5-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 7.5-foot rear setback. LOCATION OF PROPERTY: Boynton Hills Subdivision, Lot 152, Block C 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 fo lows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. o The Applicant HAS HAS NOT established by substantial compete nt 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 con(~itions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Hills\Develop. Order Boynton Hills Bk C Lot 152.doc Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH .-AGENDA ITEM REQUEST FORM Date Final Form Must be Turned m to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21, 2002 [] June 4, 2002 [] June 18,2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19. 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for_lobe m6iijh of March 2002 for informational purposes. EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragrao'l~ b, · ~ . . . , · . v states· Further, the City Manager, or In the City Manager s absence, the Acting City Manager is mathorrz~c~O execute a purchase order on behalf of the city for such purchases under the $25,000 bid threshold for perso~l property, commodities, and services, or $75,000 for construction· The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager"· PROGRAM IMPACT: The new Ordinance has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance change· Deputy Director of Financial Services ity anager s Signature Procurement Services Department Name City Attomey/ Fin~an Resources S:~BULLETI~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED MARCH 2002 1. Vendor: Motorola Purchase Amount: $ 14,734.00 Requesting Department: Fire Department Contact Person: Jim Ness Brief Description of Purchase: The purchase of twenty (20) - 5 watt, two channel VHF portable radios, in conjunction with the radio repeater, will provide an emergency radio network. These radios are on a VHF frequency which will provide for emergency communications in case the main radio system is not available. Source for Purchase: PBC School Board Bid #02C-6E Fund Source: 105-3244-513-52-20 Emer Medical Svc G rant The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Comrr~ssion as required. !--City Manager Approval: Date: z. ff' _ Z - c, L Presented to Commission for information on April 16, 2002. Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16,2002 [] May 7, 2002 VII', .CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH - AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May21, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must be Turned in to City Clerk's Office -May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Admirdstrative [] Development Plans Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorize payment to Johnson, Anselmo, Murdoch, Burke & Goerge, P.A. in the~mount ~ $31,381 ~74 for payment of professional services. -- EXPLANATION: The City of Boynton Beach Risk Management Department contracts with Johnson, Anselmo, Murdoeh, Burke & George, P.A. for professional services relative to suits filed against the City. This payment covers fees incurred during the month of February 2002 PROGRAM IMPACT: MPACT: This Risk Management Department budgeted $200,000 for legal fees in their 2001/2002 Budget. to date are $179,838. This expense will put his year to date expenses for FY 2001/2002 at $100,219.74. be done from Other Professional Services Account which has a balance of $27,000. ALTERNATI~-~t~ .n , Deparunent Name City Attorney / Finance / Human Resources SSBULLETINSFORMS~AGENDA ITEM REQUEST FORM.DOC CI~TY OF BOYNTON BEACH CITY COMMISSION AGENDA APPROVAL OF BILLS APRIL 16, 2002 Johnson, Anselmo, Murdoch,Burke, & George, P.A ...................... $31,381.74 Pay from Professional Services/ Legal Fees & Costs 522-1710-519-31-11 THESE BILLS ARE APPROVED AND VERIFIED FOR PAYMENT BY THE DEPARTMENT HEADS INVOLVED. DIANE REESE, FINANCE DIRECTOR [] RETURN CHECK TO DEPT. CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 31,381.74 TO: Johnson,Anselmo, Murdoch, Burke & George, P.A. PO Box 030220 Ft Lauderdale, FL 33303-0220 FOR: Brown $2,142.24; Mainade $36.00; St Facile $2,510.91; Perry $14,286.16; Holt $2,992.79; Halstead $6,937.53; James Perry $2,476.11 Requested By: Approvals: Div Head Finance Dept. City Manager Date: April 1, 2002 FUND DEPT BASI(~ ELE OBJ AMOUNT 522 1710 519 31 11 31,381.74 31,381.74 Requested City Commission Meeting Dates [] March 19, 2002 VII.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH --AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) [] Requested City Commission Meeting Dates May 21, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) [] Aph12,2002 [] April 16,2002 [] May 7, 2002 NATURE OF AGENDAITEM March 20, 2002 (5:00 p.m.) [] June 4, 2002 April 3, 2002 (5:00 p.m.) [] June 18, 2002 April 17, 2002 (5:00 p.m.) [] July 2, 2002 May 22, 2002 (5:00 p.m.) lune 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) [] Administrative [] Development Plans Consent Agenda ~ New Business [] Public Heating [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approve the Special Event Perm/t request for Ryan/Schroader wedding and reception at Oceanfront Park on June 22, 2002, pending state approval regarding beach use during turtle season. EXPLANATION: Dorothy Ryan and Jason Schroader have requested the use of Oceanfront Park for a wedding ceremony and reception on June 22, 2002. Dorothy Ryan has completed a Special Event Permit application for this event. The application was reviewed and approved by the Fire Department, Police Department, Department of Development, Risk Management and the Recreation Department and the Town of Ocean Ridge. Approximately 160 - 200 will attend. The Recreation Department recommends approval of the Special Event Permit; City Commission authorization is needed m accordance with ordinance #098-37, due to the religious nature of the event and the disbursement of alcohol. PROGRAM IMPACT: The wedding ceremony will be conducted at the south end of the beach property. The reception will include food, beer and wine. No glass containers will be used and refreshments will be contained to the picnic pavilion area. Wedding guests will carpool with approximately 20 spaces reserved for the wedding party. This should not negatively impact beach-goers or parking conditions. FISCAL IMPACT: * Application fee in the amount of $15 has been received. A permit fee of $25 will be assessed when the permit is issued. * Picnic Pavilion rental fee of $25 for each pavilion and the damage deposit has been received. ALTERNATIVES: * Approve the request without alcohol. * Deny Special Everlt Permit. Deparlxnent I'te~d s Signature Recreation Department Name Ctty Manager s ~gnamre City Attorney / Finance / Human Resources SSBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 1 of 3 tPelease type informa.tion or pri~. t le.g!bly in dark ink. Application must be f'flled out completely. A detailed site map showing all : mporary structure locations (stages, restrooms, signs#e, tents, etc.) must be attached. Application fee must also be included whe application is turned in to the Recreation Department, or it will not be reviewed. EVENT PROPOSAL Name of Event retailed description of/t~e ev. ent Requesfe~ lo~atiofl of event Alternate location of event Dates md times of the event Event Day 1 Event Day 2 Event Day 3 Evem Day 4 Event Day 5 Set up for event will begin on Breakdown will be complete by Date . Da Begin, - End / O~OPM O~OPM O~OPM ~ O~OPM 0 AM 0 PM 0 AM 0 PM O~ OPM OAM OPM Date'.JL.Ln~, ~, r~O0~ Time ~ ' · /. ;vt .fT~. IT,me 7'~.5'~ /9:./7-7. Alternate date for your event Organization (s) Producing Event:. A_ddre..ss (~q,.g .q/I) I / SPt [ r')/t F~ city Y~o y'~ ~n (4 ezlC'~, mr; '~ # of full time staff members in the organization # of volunteers in the organization ~,~ Individual(s) Responsible: Address - City Address City Smt~Zip Phone F~ # of full time staff members in the organization # of vol unteers in the organization State/Zip State/Zip Phone Phone Fax Fax Non-Profit, Private or Commemial Tax Exempt Number Address City Corporatio. N~.e m / ~r/u / t'¢ Date of Incorporation (Please attach a copy of your sales tax certificate to the application) Purpose of the event (Goals, etc.) J Number of years this event has taken place in the City of Boynton Beach: Is event produced in other cities? ~7~ (~ If yes, what cities? Estimated numberofparticipants /..~,~r~O Or' !l 9 CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 2 of 3 Please list charges for participants and viewers below (admission, registration or entrance fees): VendOr Fee~ Number - Cost Per Vendor Estimated Revenue Food Vendors r[9 Art Vendors (other) Tickets/Registration Number Cost per Estimated Revenue Adults O Ticket/Registration Fee Children Seniors How will these revenues be utilized? /~/~,, If the proceeds of the requested event are intended' t~r'Jan orgamzanon other than the applicant, please provide the following information: Benefiting organization: Address: City/State/Zip: Contact Person: Phone: Terms of Agreement: Total Estimated Donation: Will your event require road closure? If yes, please describe requested streets and times below: A map of this area must be attached. Does the proposed area include fenced areas? Oki ~ If yes, clearly indicate the exact areas to be fenced on the map. There are specific requirements regarding fencing on city property. Will event require the use of electricity? ~YES~O Location: 0 t?f~ t..'~ ~' Events reqmting electricity must hire an electrician, licensed in the City of Boynton Beach. (Please' show Iocatibns on map) Name of Electrician Company Name Phone No. The event promoter is responsible for clean-up of all event sites. The City of Boynton Beach will provide dumpsters for your event at your request All dumping fees will be charged to the promoter by the city. If event site is not cleaned thoroughly, a clean-up charge will be assessed. Who will provide clean-up service during and after the event? Number of dumpsters needed: ~ Location (pleas~ show on map): Number of temporary restroom ~%cilities being placed: d~ (The minimum number of facilities should be one per 200 persuas. Please show on locations map) Will music be provided ~YES O NO Number of loud speakers: DATE TIME OF DAY TYPE OF MUSIC I Will food and/or beverages be served? ~ES O NO . [~[' -t (~co~ot O'l$ood [~FJ)p~ {~ ~[f~ (Please indicate the locations of these areas/booths on the site map. rermission to sell alcohol on public properffi must be given by the City Commission.) 1¥',r4,1 4 50ccth p c v'([ 115 10 Are you utilizing public transportation? CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 3 of 3 O YES ~"~O How? Please explain. Are you proposing to place signs or erect banners? (Indicate their location on site map) Will any temporary structures be erected (stages, tents, ticket booths, etc? (Indicate their locations on site map) Will the event have any vendors or concession sales? Will the event include amusement rides? O YES ~0 What amusement rides are planned? (All amusement rides must be approved by the state. Please indicate on site map) 0 YES ~'0 O YES ~NO Please indicate If yes, company providing the equipment l~ate / - / Please enclose the appropriate non-refundable application fee payable to The City of Boynton Beach Recreation Department P.O. Box 310, 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 "FOR STAFF USE ONLY ~SITE MAP DATE APPLICATION RECEIVED O SALES TAX CERTIFICATE C~PPLICATION FEE RECEIVED: NAME ON CHECK: AMOUNT: CHECK #: DATE: APPROVALS: PLANNING & ZONING DIVISION BUILDING DIVISION FIRE DEPARTMENT POLICE DEPARTMENT RISK MANAGEMENT ___RECREATION DEPARTMENT SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE 11 Requested City Commission Meeting Dates [] March 19, 2002 [] April 2.2002 [] April 16,2002 [] May 7, 2002 VII.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACH _AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20. 2002 (5:00 p.m.~ April 3. 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 2l, 2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must be Turned m to CiW Clerk's Office May 8. 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5.2002 (5:00 p.m.~ June 19, 2002 (5:00 p.rn.~ NATUR~ OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorize Mayor to sign agreement with Olen Properties for payment of Park Fees for the 42 Unit Development known as the Villas at Quantum LakesD EXPLANATION: The City Commission granted a variance of the Park Fees for the first 272 Units in December 2000 with understanding that the matter would be re-visited as later residential construction in Quantum was proposed. Based on discussions with the City staff, Olen has agreed to a formula of ~492 per unit payment that represents 75% of the Park Fee under the proposed ordinance being reviewed by Planning and Development Board. This amounts to $20.664. The timing of the Olen proposal is such that the developer cannot wait for the conclusion of those discussions. Under the current ordinance that is based on land values, a parcel worth $4.00/sq. foot with the 50% credit for on-site recreation and 25% for public accessible open space and wetlands areas would yield $27,443 or $653/unito PROGRAM IMPACT: The agreement will set the stage for resolution of the dispute over payments of Park Fees for residential land uses in Quantum. Quantum has not agreed to the $492/unit payment, however for property under their control. Staff is still in discussion with Quantum. FISCAL IMPACT: Gain of $20,664 m revenues for Park improvements. ALTER~NATIVES: 1. Authorize continued waiver of Park Fees. 2. Apply current Ordinance at slightly more in fees. r D~"~rtment Head's Signature City Manager's Signature Department Name ~j-' - ~City/,~/,(f0Ui~ey / Fin/t~ce ) Human Resources S:~BULLETIN~FORMS~AGENDA ITEI~I REQUEST FORM.DOC March 27, 2002 Mr. Kurt Bresner, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 RE: Quantum Park Recreational Fee Dear Mr. Bresner: Please accept this letter as an acknowledgment of the recreational fees for the additional units added to the Villas at Quantum Lakes project. It is our understanding that the new park fees will be adopted shortly and in concert with our building plan submittal for the 42 units proposed for Lot 101, Quantum Replat No. 1. It is also our understanding that the park fees for Quantum Park will be reduced by 25% due to the unique nature of Quantum Park where the nature trails, bikeways, and nature preserves are being maintained by the park owners while the park remains open to the public. The proposed $492/unit park fee will be paid at the time o four permit issuance for the additional buildings. Should you have any questions regarding the enclosed, please feel free to contact me. Sin Vice/ / M AKES, INC. ~I. Hansen 'resident USSHEILA\CORRESXM I-BQuantumX2002XBresner 032702.doc 1062 Coral Ridge Drive · Coral Springs, Floric~a (954) 340-4904 · Fax (954) 344-4608 www olenproperties.com 33071 Requested City Commission Meeting Dates [] March t9,2002 [] April 2,2002 [] April 16,2002 [] May 7. 2002 VIII. - CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH __AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to CiW Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May21, 2002 [] June 4, 2002 [] June 18, 2002 [] Jul5 2, 2002 Date Final Form Must be Turned in to City Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Public Works Staff is requesting direction from the City Commission regarding development of a procedure whereby the City Commission can designate certain honorary streets within the City. City Staff periodically receives requests or inquiries about City process in this regard. If the City Commission endorses the concept of honorary street names then it ~vould be appropriate for the Commission to direct staff to prepare the necessary resolution authorizing this procedure. EXPLANATION: Staff recommends that development of a procedure whereby honorary street names can be designated by the City Commission to supplement existing street names. Staff suggests the following parameters: 1. Honorary street names will be largely ceremonial and will not be official street names. 2. The City Commission will authorize honorary street names only for those individuals that have significantly contributed to the City,. 3. Street addresses will continue to be based upon existing street names according to current plat records maintained by Palm Beach County. 4. Honorary street name markers will be located above existing street markers. 5. Wording on the markers will be as follows: "Honorary John Doe Way". 6. Honorary street marker will be brown background and white letters. No symbols or other markings will be allowed on the honorary street marker. 7. The City Commission must approve all honorary street names by resolution subject to advance notification of consideration of same to affected residents and businesses. PROGRAM IMPACT: The Streets Maintenance Division would support this program and the signs would be made in-house and installed by staff. FISCAL IMPACT: The cost of the street marker is $23.00 per sign. ALTERNATIN'ES: S :~BULLETIN'~FORMSk~.GENDA ITEM REQUEST FORM.DOC ~Signarure City Manager's Sf'gnamre Public Works Departmem Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC Requested City Commission Meeting Dates [] March 19, 2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 XII. - LEGAL ITEM A. 1 CITY OF BOYNTON BEAC - _AGENDA ITEM REQUEST FoRM - ' ' Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May 21,2002 [] June 4, 2002 [] June 18, 2002 [] July 2, 2002 Date Final Form Must be Turned in to CiW Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the April 16, 2002 City Commission Agenda under Legal, Ordinances - Second Reading. The City Commission approved this recommendation under Legal - Other on March 19, 2002, and under First Reading on April 2, 2002. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-051. EXPLANATION: PROJECT NAME: OWNER: DESCRIPTION: CODE REVIEW CDRV 02-001 City Initiated Request that Section 8.5 (A)(9) of the Land Development Regulations be amended to allow for the 50% reduction in required parking spaces, and sharing of parking resources within the Martin Luther King Boulevard Overlay District. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A De~tI~lat I~epaitme~at~irector ~~ignamre Plannin~ and Zonfm~ Director '/ City Atto~TFinance / Human Resources S:XPlanningkSHARED\W~kSPECPROJ'uRegulations\OverlayskMLKXAgenda Item R~quest Code Review~CDRV 02-001 4-16-02.dot S:~d3ULLETI~FORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING -LAND DEVELOPMENT REGULATIONS, CHAPTER 2. ZONING, BY AMENDING SECTION 8.5 A. (9); PROVDING FOR A 50% REDUCTION IN REQUIRED PARKING SPACES AND SHARING OF PARKING RESOURCES WITHIN THE MARTIN LUTHER KING BOULEVARD OVERLAY DISTRICT; PROVIDING FOR CODWICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the citizens and residents of the City to amend Chapter 2. Zoning, Section 8.5(A) to promote use and redevelopment of properties along Martin Luther King Boulevard, and to further implement the Heart of Boynton Redevelopment Plan; and, WHEREAS, this amendment, as adopted, would insert provisions to allow the use of off-site parking areas to meet on-site parking requirements, and provide for a 50% reduction in required parking spaces; NOW THEREFORE, BE IT ORDAINED BIt THE CITY COMMISSION OF THE CITY OF BOYNTON BEACI-I, FLORIDA, TIIAT: Section 1. Chapter 2, Zoning, is hereby amended by adding the words and figures in underlined type, as follows: Sec. 8.5 Overlay Zones A. Martin Luther King Boulevard Overlay Zone 9. Parking. a. parking space requirements shall be calculated in accordance with Section 11.H. 16 of these zoning regulations and shall be reduced by fifty (50%'~ percent; 'b. Required parking spaces shall be owned or leased within one thousand (1,000) feet of the building to be served. The distance requirements shall be a straight line measurement from a point on the boundary line of the property, which is the subject of the application. ;:\CA\Ordinances\LDR Changes\MtK Overlay Parking - 032402.doc to the closest boundary line of the propertw on which the leased parking is located. The properw which is the subject of the application, shall be posted with si~onage indicating to patrons the location of the off-site parking. c. Lease arrangements to provide required parking spaces shall be subiect to approval by the Communiw Redevelopment Agency. Section 2. Each and every other provision of Chapter 2 Zoning not herein specifically amended shall remain in full force and effect. Section 3. All laws and ordinances applying to the City of Boynton Beach in with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall not the remainder of this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this ~ day of April, 2002. SECOND, FINAL READING AND PASSAGE this ~ day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ~\MLK Overlay Parking - 032402.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO, PZ 02-051 TO: THROUGH: FROM: DATE: SUBJECT: Chairman and members Community Redevelopment Agency Quintus Greene Director of Development/CRA Michael Rumpf f"¢~' Director of Planning and Zoning March 5, 2002 CODE REVIEW CDRV 02-001 (city-initiated) MLK Overlay - Allowing for off-site/shared parking NATURE OF REQUEST, To promote use and redevelopment of properties along Martin Luther King Boulevard, further implement the Heart of Boynton Redevelopment Plan, and to continue establishing the Martin-Luther King Boulevard Oveday Zone, staff proposes that Chapter 2. Zoning, Section 8.5 (A) "Oveday Zones" be amended. This amendment is proposed to item 9.Parking, and would insert provisions to allow the use of off-site parking areas to meet on-site parking requirements. Staff proposes that Section 8.5 (A)(9), which is currently "reserved", be amended to read as follows: .' Parking. a. Required parking spaces, as determined in Section 11.1, shall be owned or /eased within one thousand (1,000) feet of the building to be served. The distance requirement shall be a straight line measurement from ~ point on the boundary line of the property, which is the subject of the application, to the closest boundary line of the property on which the /eased parking is located. The property which is the subject' of the application, shall be posted with signage indicating to patrons the location of the off-site parking. b. Lease arrangements to provide required parking spaces shall be subject to approval by the Community RedeVe/opment Agency. BACKGROUND On June 20, 2000, the city established the Martin Luther King Boulevard Oveday District and selected corresponding regulations. This included the established of the boundary for the oveday district and certain site regulations. This effort represented the incremental implementation of the Vision 20/20 Redevelopment Plan, Which, in general, recommends establishment of "districts" which are to be defined by code amendments that achieve new Page 2 CDRV 02-00 l design and appearance standards or themes, and limit or allow for a mixture of uses. The Martin Luther King Boulevard Overlay District is one of four (4) primary districts recommended by the redevelopment plan, and was processed first to specifically guide development proposed at that time within the area. The proposed revisions to the Land Development Regulations were limited to establishment of the district and corresponding site standards; leaving the establishment of other regulations related to allowed uses, design, signage, landscaping, and parking to be drafted following completion of the Heart of Boynton Redevelopment Plan or other prerequisite tasks or studies. ~ City regulations currently allow required parking for proiects proposed within the Central Business District (CBD) to be provided off-site, within 1,000 feet from the subject property, via a lease agreement. However., the code requires that within all other zoning districts, required parking areas must be owned by the owner of the building to be served, and located on the same lot or another lot not more than 300 feet away. ANALYSIS The reason the Code provides greater flexibility in providing required parking within the CBD is because of the shortage and value of land, and due to the close proximity of a variety of uses with different peak parking characteristics enabling efficient sharing of parking resources. Although land along MLK Boulevard is currently developed at a lower intensity and density than the CBD, most of the properties were developed prior to current parking regulations, leaving them short of minimum on-site parking resources. Furthermore, there exists the potential for sharing of parking resources with the current and .potential mixture of land uses to be located along the Boulevard. The sharing of parking resources is an_ alternative to the overall reduction of the minimum parking requirements, which may be justified depending on the intensity and .types of uses ultimately opened up Within the corridor. Promoting the sharing of resources also will support property redevelopment and encourage the efficient use of parking resources. There is currently significant underutilized land within the corridor; however, future redevelopment and dew businesses may [benefit from pedestrian movements routed by the location of different parking facilities within the Boulevard. Staff also recommends that proposed lease agreements simply be approved by the Community Redevelopment Agency, based on compliance with the minimum requirements of this section, the contribution to the area of the proposed development or improvement project, and the types of uses involved in the lease arrangement which should have off- setting peak operation characteristics which support shared pa~king principals. RECOMMENDATION S[aff recommends that Section 8.5 (A)(9) Of the Land Development Regulations be amended to allow for the sharing of parking resources within the Martin Luther King Boulevard Oveday District. MWR $:'~LANNING~$ HARED\WP\SPECPRQJ~,REGULATION$\OVERLAYS'''MLKI'$TAFF REP - (~'F~tTE PARKINGOQC Requested City Commission Meeting Dates [] March 19,2002 [] April 2, 2002 [] April 16, 2002 [] May 7, 2002 XII. - LEGAL ITEM A.2 CITY OF BOYNTON BEACH ._AGENDA ITEM REQUEST FORM .... 02 -3 Date Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Commission Meeting Dates [] May21, 2002 [] June 4,2002 [] June 18,2002 [] July2, 2002 Date Final Form Must be Turned in to Cit~ Clerk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) June 5, 2002 (5:00p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please maintain this request on the April t6, 2002 City Comrrfission Agenda under Legal - Second Reading. The City Commission, with a unanimous vote on April 2, 2002, approved the request under Legal, First Reading to amend the Land Development Regulations, Chapter 1, Article V. Impact Fees and Dedications, to provide for the implementation of a more equitable schedule of park and recreation facilities impact fees. It has been requested at the April 2, 2002 City Commission meeting to postpone the Second Reading to May 7, 2002 to allow this item to be reviewed by both the Community Redevelopment Agency and the Planning and Development Board. PROGRAM IMPACT: The new impact fee schedule, based on a flat fee which depends on the type of residential development, is both simpler and more equitable. FISCAL IMPACT: Standardization of the impact fees based on the type of residential development will lower fees for most developers. ALTERNATIVES: N/A Plar~nmg and Zo/n/m~ Director 7' ' City Attorne~//l~ance / Human Resources S:kPlanning~SHARED\WPkSPECPROJklmpact FeeekAgenda Item Request April 16 i~econd reading impact~e.dot S:kBULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC Requested City Commission Meetina Date~ [] March 19,2002 . _ April 2, 2002 ~ April 16, 2002 [] May 7, 2002 XII. - LEGAL CITY OF BOYNTON BEAC ITEM A.3 AGENDA ITEM REQUEST F( Dat~ Final Form Must be Turned in to City Clerk's Office March 6, 2002 (5:00 p.m.) March 20, 2002 (5:00 p.m.) April 3, 2002 (5:00 p.m.) April 17, 2002 (5:00 p.m.) Requested City Comrmssion Meetinl Dates [] May 21, 2002 [] June4, 2002 [] June 18, 2002 [] luly 2, 2002 Date Final Form Must be Turned in to City Cl~rk's Office May 8, 2002 (5:00 p.m.) May 22, 2002 (5:00 p.m.) lune 5, 2002 (5:00 p.m.) June 19, 2002 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: That the City Comaiission approve this Ordinance which will clarify the definition of mixed use POD's. EXPLANATION: This section of the LDR was amended by Ordinance 00-52 and it has come to the attention of staff that a more clear definition of mixed use Pods was required, to provide that a Mixed Use Pod consists of all of the land within a PID which is designated for mixed use. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Depamnent Head's Signatur~ ' -City Manager's Signature City Attorney's Office Department Narm.- City Atto[~ct~/-~inance / Human Resources S:~BULLETIN~ORMSka. GENDA ITEM REQUEST FORM.DOC .ORDINANCE NO. 02- O 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 PROVIDE CLARIFICATION OF THE DEFINITION OF MIXED USE POD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTWE DATE. WHEREAS, the City Commission finds it is in the best interest of the City, the development community, and the public to modify the cun'ent provisions of the Land Developmem Regulations concerning Planned Industrial Development Districts, to provide clarification of mixed use POD to provide that a Mixed Use Pod consists of all of the land a PID which is designated for Mixed Use; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE ',ITY OF BOY'NTON BEACH, FLORIDA, THAT: Section 1. Chapter 2, Section 7, Subsection P. 1.A. Planned Industrial Development is hereby 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: ~. MIXED USE PODS WITHIN APPROVED PLANNED INDUSTRIAL ;TRICTS. The following criteria shall apply to Mixed Use Pods proposed for within an approved PID: 1. Mixed Use Pod Components' and Definition 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 cer~elida*.ed a~d designated for mixed use. ;eetion 2. Each and every other Section of the Land Development Regulations not specifically amended shall remain in full force and effect as previously 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. 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 become effective immediately. FIRST READING this ~ day of April, 2002. ',ECOND, FINAL READING AND PASSAGE this day of April, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner kTTEST: Commissioner City Clerk