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05-17-94 Regular . , DELR-I.' RE-I.CH tdtd ~1I·America City . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING , IIII ' MAY 17. 1994 6:00 P.M.: PUBLIC HEARING 7:00 P.M. . COMMISSION CHAMBERS The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate. in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Doug Randolph, (407) 243-7127 at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows : City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. .. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Ccmmission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you corne up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. · .. City Commission Regular Meeting 5/17/94 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The. City will neither provide nor prepare such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. - 5. Approval of Minutes: Regular Meeting of April 19, 1994 Regular Meeting of May 3, 1994 6. Proclamations: JA. Recognizing Fredda Weinberg ..lB. Recognizing Sharon Koskoff - Community Mural Project vé. Code Enforcement Officers Appreciation Week - June 6 through 12, 1994 D. PostPolio Syndrome Awareness Week - June 1 through 7, 1994 7. Presentations: /Á. RESOLUTION NO. 37-94: A resolution recognizing and commending Fire Chief Kerry Koen. JB. PEACE organization on their "HOTSPOT" program. 8. Consent Agenda: City Manager recommends approval. A. RESOLUTION NO. 38-94: Adopt a resolution assessing costs for action required to correct an unsafe condition (unsecured swimming pool) at 3887 Angler Drive. B. RESOLUTION NO. 39-94: Adopt a resolution assessing costs for action required to correct an unsafe condition (unsecured swimming pool) at 522 Fern Lane. - 2 - · City Commission Regular Meeting 5/17/94 C. PRIVATE INDUSTRY COUNCIL / II POSITIVE CONNECTIONS" SUMMER PROGRAM: Approve an agreement with the Palm Beach County Private Industry Council for Summer Youth Employment and Training Program, subject to review and acceptance by the City Attorney. D. APPROVAL OF TRANSPORTATION ENGINEERING CONSULTANT FIRMS: Approve selection of David Plummer and Associates and McMahon and Associates as Transportation Engineering Consultant firms for on-going "as needed" services. E. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION/I.B.F.O CONTRACT AGREEMENT: Ratify the contract agreement between the SCRWTD Board and I.B.F.O. Local 1225. F. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION/CHANGE ORDER TO J.J. KIRLIN. INC. CONTRACT: Ratify SCRWTD Board action of April 21, 1994, approving Change Order #1 in the add amount of $17,993.00 and extension of completion date by 30 days to J.J. Kirlin, Inc. contract for wastewater system improvements. i' ®. o~ LICENSE/HOLD HARMLESS AGREEMENT - FLORIDA DRIVE-IN THEATRES. ~~~ ~\ç:.rj INC. : Approve a License and Hold Harmless Agreement betwåen ~~~the City and Florida Drive-In Theatres, Inc. for the right to ø use the right-of-way along Dixie Highway for parking, from N.E. ~6~ 14th Street to the north City limit. H. FINAL PAYMENT/McCOY IRRIGATION: Approve final payment in the amount of $410.00 to McCoy Irrigation for work at the Tennis Center Phase II project¡ with funding from General Construction Fund - Tennis Center Phase II (Account No. 334-4145-572-63.42). 1. REOUEST FOR REIMBURSEMENT FROM COMMUNITY REDEVELOPMENT AGENCY/ BANKER'S ROW PROJECT: Approve reimbursement in the amount of $34,753.00 to the Community Redevelopment Agency for cost of water main upgrade on Banker's Row project¡ with budget transfer from Renewal and Replacement Project Reserve (Account No. 442-5178-536-99.01) to Water Distribution Improvements (Account No. 441-5178-536-61.78). J. APPLICATION FOR ISTEA GRANT/SEABOARD AIR LINE RAILWAY STATION SITE: Authorize staff to make application to the Metropolitan Planning Organization for Federal Intermodal Surface Transportation Efficiency Act (ISTEA) Grant for development of an Intermodal Center at the Seaboard Air Line Railway Station Site. K. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve Interlocal Agreement with Palm Beach County for funding of utility adjustments to be performed in conjunction with the construction of improvements to West Atlantic Avenue between Jog Road and Military Trail. L. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve Interlocal Agreement with Palm Beach County for funding of City-designed - 3 - . City Commission Regular Meeting 5/17/94 median and other improvements for Lake Ida Road between Congress Avenue and Swinton Avenue. M. AGREEMENT WITH DLW PRODUCTIONS. INC./"UNDER FIRE": Approve an agreement with DLW Productions, Inc. to videotape activities of the city's Fire Department to be used as part of the program "Under Fire" which is scheduled for June 3, 1994. DLW Productions, Inc. comes with approval from the Palm Beach County Film Liaison Office. ß· APPROVAL/AUTHORIZATION FOR EXPENDITURE OF COMMUNITY REDEVELOPMENT AGENCY TAX INCREMENT RESERVES/HISTORIC HOMES: Pursuant to Section 163.370(2) (a), Florida Statutes, approve and authorize the expenditure of CRA increment reserves for the Block 60 Redevelopment Plan contained on pages 4.28, 4.29 and 4.30 of the City of Delray Beach Community Redevelopment Plan amended by City of Delray Beach Ordinance No. 5-94, February 22, 1994, for the relocation of historic homes to be used for administrative offices for public bodies or for other purposes. 10. APPLICATION FOR URBAN EMPOWERMENT ZONE/ENTERPRISE ZONE DESIGNATIONS: Authorize joint application with Palm Beach County to Department of Housing and Urban Development (HUD) for one of the Urban Empowerment/Enterprise Zone Designations. . - P. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - Ready Mix Concrete - to Tarmac of Florida, Inc. at an estimated annual cost of $10~·087.50, with funding from Street Maintenance - Other Road Materials (Account No. 001-3113-541-53.90). 2. Bid Award - Photographic Supplies - to Photoline Supplies, Inc. at an estimated annual cost of $17,513.90, with funding from department operating expense photo/microfilm service accounts (34.70). 3. Contract Award - Homewood Boulevard Sewer Extension - Sullivan Brothers, Inc. , in the amount of $154,923.50, with funding by budget transfer from Capital Outlay Other Improvements (Account No. 441-5161-536-63.90) to Capital Outlay - Sewer Mains (Account No. 441-5161-536-63.51). 9. Regular Agenda: A. J REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period May 2 to May 13, 1994. B. j SERVICE AUTHORIZATION NO. 2/DIGBY BRIDGES. MARSH & ASSOCIATES: Consider Service Authorization No. 2 in the amount of $29,500.00 to the contract with Digby Bridges, Marsh & Associates for additional services reflecting design changes to comply with the established budget for the Golf Course - 4 - . . - City Commission Regular Meeting 5/17/94 Clubhouse proj ect; with funding from Golf Course Clubhouse - Engineering & Architectural (Account No. 445-4763-572-31.30). 1tŠ. \p RESOLUTION NO. 40-94: Consider Resolution No. 40-94 in support *" of efforts to secure State grant money to save the Old 1916 Palm Beach County Courthouse. ¡D. SERVICE AUTHORIZATION NO. 11/GEE & JENSON: Consider approval of items A, Band C of Service Authorization No. 11 in an amount not to exceed $7,550.00 to the contract with Gee & Jenson to provide further recommendations on hurricane protection for City Hall; with funding from General Construction Fund - Buildings (Account No. 334-6111-519- 62.10). ~. REOUEST FOR CONTRIBUTION/SOUTH FLORIDA DYNAMICS. INC. : Consider a request from South Florida Dynamics, Inc. for a contribution in the amount of $1,000.00 to support their participation in America's Youth on Parade, an international level competition to be held at the University of Notre Dame in July, 1994 j wi th funding through budget transfer from Contingency (Account No. 001-6111-519-99.02) to Other Grants & Aid (Account No. 001-6311-572-83.01). _ iF. ¡INITIATION OF COMPREHENSIVE PLAN AMENDMENT 94-2: Forma'lly initiate Amendment 94-2 to the City's Comprehensive Plan. JG. J WAIVER OF LAND DEVELOPMENT REGULATIONS/BOAT LIFT AT 929 FERN DRIVE: Consider a request for waiver of LDR Section 7.9.11(A) governing the boat lift at 929 Fern Drive, based upon findings in accordance with LDR Section 2.4.7(B)(5). ~. J DIRECTION FOR BID SPECIFICATIONS /HURRICANE SHUTTERS FOR CITY HALL NORTH WING: Provide direction on specifications for bid for hurricane shutters for the north wing of City Hall. j.. j RATIFICATION OF APPOINTMENTS TO KIDS AND COPS COMMITTEE: Consider ratification of five (5) appointments to the Kids and Cops Committee to terms ending April 22, 1996. 10. Public Hearings: A. J' ORDINANCE NO. 19-94: An ordinance providing for annexation to ().o110n the City, small scale land use plan amendment to affix an D ;5~? official designation of General Commercial, and establishment of initial zoning as GC (General Commercial) for Drive-In Theaters of Florida, Inc. (Delray Swap Shop property). B. TRANSMITTAL HEARING/COMPREHENSIVE PLAN AMENDMENT 94-1: .t Authorize transmittal of Comprehensive Plan Amendment 94-1 to s~~~ the Department of Community Affairs for State review. 1Í~\rf ßI 1. Future Land Use Map amendment from County MR-5 to the u.J 0 following City designations: Open Space, Low Density Residential, Medium Density Residential and Commercial - 5 - . · City Commission Regular Meeting 5/17/94 Core, for Blood's Hammock Groves located east of Military Trail on the south side of Linton Boulevard. C. vi ORDINANCE NO. 27-94: An ordinance rezoning a 2.826 acre parcel of land located south of Lake Ida Road on the west side of the CSX Railroad right-of-way (FP&L property) from PCC (Planned Commerce Center) District to CF (Community Facilities) District. V Conditional Use Approval - -FP&L Power Transfer Station: Consider a request for conditional use approval to establish a power transfer station for Florida Power & Light. D. / ORDINANCE NO. 28-94: An ordinance amending Section 1. 3.6 of the Land Development Regulations relating to the maximum expenditure for repair and maintenance of nonconforming structures. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. , 12. First Readings: A. ORDINANCE NO. 29-94: An ordinance repealing Ordinance No. 162-88 wherein the Koch House at 777 North Ocean Boulevard was designated as an historic building, and enacting the subject ordinance to provide a corrected legal description showing the historic designation as Lot 21 only. If passed, public hearing will be held June 7, 1994. 13. Comments and Inquiries on Non-Agenda Items. A. Commission B. City Attorney C. City Manager - 6 - ".... :'..i<" ·,~f:;·· ':""~:1J~"':.1 , = '- ..-----.---.--" -.--- f T ":~ .iJ/I .,.~ :;<; ~ -:::'-~ °CM .r; ~..w 1 t·, (-~ 't. _,_ ')fIR \)- HE \( H ~A..._ AII·America City ~'IIF I ROc L·L\.f.,l no WHEREAS, Fredda Weinberg has been commended by the Chief of Police for her efforts to bring the benefits of computer technology to the children of Atlantic Gardens; and. WHEREAS, Ms. Weinberg's original project, the Atlantic Gardens Computer Learning Center has been in operation for over a year and neighborhood children have demonstrated its benefits for education and social stability; and, I WHEREAS, the Atlantic Gardens Computer Learning ! Center has been a symbol to the citizens of Delray Beach of what can be accomplished if someone attempts to make a change; and, WHEREAS, the City Commission of the City of Delray Beach encourages Ms. Weinberg to continue to strive to make changes for the youth of the area in the educational field; and, WHEREAS, the City Commission of the City of Delray Beach wishes to thank Ms. Weinberg for her personal effort and sacrifice that she has put forth; and, WHEREAS, Fredda Weinberg has been working on a new project, "Delray Online" , to provide a community bulletin board¡ and, WHEREAS, the City Commission encourages and supports Fredda Weinberg's efforts on this new project. NOW, THEREFORE, I THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby commend Fredda Weinberg for the extraordinary amount of time and effort that she has devoted to the youth of the area, and wish Ms. Weinberg success on the Delray Online Project. IN WITNESS WHEREOF, I have . hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 3rd day of May, 1994. ~ THO S E. LYNCH or' r: ~ /\ M'TT=:O, (oP\ [ITY OF DELRAY BEA[H DELRA Y BEACH ~'A~" . ~ -~- _,....J .::....:.. ....¡...:. AI~America City 'IIII! PROCLAMA rIO.'. 1 q'J ~ WHEREAS, Sharon Koskoff is a magna cum laude graduate of Brooklyn College, where she majored in the Fine Arts of Interior Design, and; WHEREAS, she currently holds the position of Instructor at the Armory Arts Center and is President of the Art Deco Society of the Palm Beaches, and; WHEREAS, Ms. Koskoff enjoys being a full time artist and interior designer in addition to conducting tours at Palm Beach County Art Deco Center, and; - WHEREAS, she worked very diligently in her endeavor to obtain a $3,000 grant from the Palm Beach County Cultural Counsel, and, with the support of Dr. Fred Love, was granted approval for a mural in Delray Beach, and; WHEREAS, the design was traced, drawn and painted in five and one-half weeks on the wall of the Love's Drug building in the Pineapple Grove Historic Arts District, and; WHEREAS, the completion of the Community Mural Project and Garden was celebrated at a dedication and award ceremony held on Tuesday, May 10, 1994, in downtown Delray Beach. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the City of Delray Beach do hereby commend and recognize Sharon Koskoff for her dedicated service and contribution to the community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th day of May, 1994. MAY 0 R THOMAS E. LYNCH SEAL ~J3 - - " . . ~ [ITY DF DELRAY BEA[H DELRA Y BEACH ~*~ iJO \J .^J '.;~ ~\/E\jUE .:r: _,:~'" _~=.:...c~ ._,:,~ 0"":" j~~4'¡ AlI·America City "III! PROCLAMA TION 199) WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in the community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances¡ and, WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer servioe to the publio for the betterment of the community¡ and, - WHEREAS, too many times, their success stories and ability to achieve corrective action go unnoticed, even though code compliance has been accomplished, due to their efforts and expertise¡ and, WHEREAS, Code Enforcement Officers are dedicated, well-trained and highly responsible individuals who take their jobs seriously and are proud of their departments and the local government within which they serve¡ and, WHEREAS, the Florida Association of Code Enforcement, Inc. known as F.A.C.E has declared the second week of June to be set aside by local governments to honor and recognize their Code Enforcement Officers. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim June 6 through June 12, 1994 as CODE ENFORCEMENT OFFICERS APPRECIATION WEEK in the City of Delray Beach, Florida, in accordance with the state-wide observance of the same and encourage all citizens of the City of Delray Beach to join this Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th day of May, 1994. MAY 0 R THOMAS E. LYNCH SEAL Co C- o . , . Agenda Item No.: ·J.GENDA REQUEST Date: 5/11/94 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 5/17/~4 Uescription of agenda item (who, what, where, how much): Proclamation for Code Enforcement A preciation Week 6 6 - 6/12/94 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approve Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: 1\pproved for agenda: r~Í' NO (7L\ Hold Until: Agenda Coordinator Review: Received: , 1\ction: 1\pproved/Disapproved foC . . . . MEMORANDUM TO: DAVID T. HARDEN - CITY MANAGER FROM, LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ SUBJECT: PROCLAMATION FOR CODE ENFORCEMENT APPRECIATION WEEK DATE: MAY 10, 1994 ----------------------------------------------------------------- PROCLAMATION WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in the community through the enforcement of building, zonlng, housing, animal control, fire safety, environmental and other codes and ordinances; and, WHEREAS, Everyday, assisted by support and program staff, they attempt to provide quality customer serVlce to the public for the betterment of the community; and, WHEREAS, too ma~ times, their success stories and ability to achieve correct - action go unnoticed, even though code compliance has been accomplished, due to their efforts and expertise; and, WHEREAS, Code Enforcement Officers are dedicated, well-trained and high responsible individuals who take their jobs seriously and are proud of their departments and the local government within which they serve; and, WHEREAS, the Florida Association of Code Enforcement, Inc. known as F.A.C.E. has declared the second week of June to be set aside by local governments to honor and recognlze their Code Enforcement Officers; NOW, THEREFORE, through the authority vested in me by the Commissioners of the City of Delray Beach, Florida, I do hereby proclaim the week of June 6-12, 1994 as: CODE ENFORCEMENT OFFICERS APPRECIATION WEEK In the City of Delray Beach, Florida In accordance with the state-wide observance of the same and encourage all citizens of the City of Delray Beach to ]Oln this Commission In expresslng appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. Duly proclaimed and adopted in regular session this 17th day of May 1994. LB:DQ CodeWk.CC . . - . [ITY DF DELRAY BEA[H DHRA \ BEACH ._.~~ .,.- r¡¡jp PROCLAJlA rlo '<" WHEREAS. many Floridians have suffered from or continue to suffer from the ravages of the disease of pOliomyelitis¡ and, WHEREAS, though new cases of that once dreaded disease are rare since the discovery and nearly universal use of the Salk vaccine, its victims remain with little or no hope for improvement from their current handicaps¡ and, WHEREAS, medical science has recently become aware that the debilitating effects of poliomyelitis increase or reoccur with advancing age¡ and, WHEREAS, though there is no cure for these symptoms, awareness of the existence of postpolio syndrome will help the victims by identifying the cause of their symptoms¡ and, WHEREAS, postpolio support groups are attempting - to educate and inform the medical community, the public in general and the victims specifically. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim June 1 through 7, 1994 as POSTPOLIO SYNDROME AWARENBSS WEBK in Delray Beach, Florida, and urge all of its citizens to support the efforts of the Post Polio Support Group of Palm Beach County. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th day of May, 1994. MAY 0 R THOMAS E. LYNCH SEAL leV ":1:~::;¡' <~ .~'~.. ''''.... ~- - - -- .~,. ~ ,..- _..__..._-_._~---._-~_._---~ --_·f - -- -,----- .,._.--~......__.._,_.~._~ .--. RESOLUTION NO. 37-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING FIRE CHIEF KERRY B. KOEN FOR HIS MANY ACCOMPLISHMENTS AND SERVICE TO THE FIRE DEPARTMENT OF THE CITY OF DELRAY BEACH, FLORIDA. I WHEREAS, Kerry B. Koen was hired by the City of Delray Beach as ¡ Fire Chief on December 16, 1985; and 1 I WHEREAS, Chief Koen has consistently performed any and all ! duties required of him in an exceptionally mature and professional \ manner, exhibiting competence and loyalty; and _ I WHEREAS, during his tenure, Chief Koen made available and 1 improved educational opportunities for Fire Department personnel ! resulting in a higher level of performance and productivity; and WHEREAS, Chief Koen was responsible for the replacement of two older fire stations, the addition of Fire Station No. 5 to improve response time in the Southwestern area of the City, and the addition of up to date fire apparatus; and WHEREAS, Chief Koen, through his efforts in making improvements to the Fire Department and water distribution system, enabled the City to receive a Class II insurance rating; and WHEREAS, through Chief Koen' s leadership and vision a partnership was developed between Gulf Stream and Highland Beach which improved their service delivery at a reduced cost; and I WHEREAS, the service and knowledge provided by this dedicated employee will be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby congratulates and expresses its sincere thanks and appreciation to Chief Kerry Koen for over eight years of dedicated, faithful, public service with the City of Delray Beach, Florida, and further wishes him success in his new endeavor. PASSED AND ADOPTED in regular session on this 3rd day of May, 1994. ~. I .//-/. ~ ¡ . . MAYOR 1Þ, . ~'-"{k . , THE PEACE ORGANIZATION "/(.'''1 4137+835+1515 p.et , . M.y9.1994 Mr. David Harden, City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach. FL 33444 Dear Mr. Harden: The PEACE organization would like to reque$t to be placed on the city commission m~eting $Cheduled for Tuesday, May 17, 1994. We would like to address the commission on our "HOTSPOT" program. Our staff will contact your office on Tuesday. May 10. to confirm our request and for the approxlmat. time and allotted time for our presentation. Thank you for your cooperation in this matter. Sinoerely, WiRJi.,. L~ 1¿~ fI7 ztµ Rev. Willie R. Singleton (~n McClam President lray Beach Chairman WRS/JM:kyj r¡B a'~ ....""'"",..... ^_...._.. - ~...~ P_.... _.__h, r.. :10:104... - .....__.. ,An.., .2~ .R.R ,--_..~ . ... . THE PEACE OPGAH'ZATIOH 407+B35+'C·'C, ~ ~ R~C~/II~D AlA)' Q CITy MA ' /991 , AI4r,(Þ'~n ._ .,. ----~ _ _ ._- .;¡- -.--. --. --.. §,=-.... .-~ --- ~--~ -..~-- ---_t· - -. . . iT. ~~-. I"...,.. I _ ! f".. .. . _, ..,. , lIr' PEACE Ii , I ¡ , 1.1 It' 1_' ~..; :1, vi· PHONE. (407)835-1515 I II l FAX COVER SHEET :11 ~I' ;1' , ! I 'I' I)A TF .: LJ "f '. i 'í'd/ . :1·' , .' ; , ! ~ . : - ~' I / I / . I () i ú¡ ,I, , // "'/1'.,.. I (tl 1/l£L1":Y' : , I "",,,,,,/ I ; ~~H()NE.· :'. / ., / // .._d ~. A. . :1 II '. ,, ) I ,// / I COMPANY /,1; '( j)¡/r1J. £X'Jf (I) '. . 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REMEMBER - TOGETHER WE CAN MAKE A DIFFERENCEIII D I ·SUSPECT o I KNOW WITH REASONABLE CERTAINlY that Illegal drug and I or related Clime activity Is occurring In the followIng locallon: o Pari<: o Stre!!t Comer or Location: o House or Housing Complex Location: ~.... ...... Na. ÞOfA. Date(s) D8Y(5) 11me (5) Suspect Vehicle: Ua. PIM. . y.. Me" CoIOI Name of Suspect: . Alias/Nickname: OMal~ o Female o White t] Black o Hispanic o Other Other Delalls or Information: AFTER FILLING OUT THIS FORM AS COMPLETELY AS POSSIBLE RETURN TO YOUR PASTOR' PRIEST , ~BBI OR MAIL TO: P.E.A.C.E., INC. 315 SAPODILLA AVENUE WEST PALM BEACH, FL 33401 (407) 835-1515 . ~K ~ 0 0 :z "'" 0 0 0 0 :z - ø c: ~ ~ -, =- i ~ :r~ :c CD == CI 6" ::z: ~ -a f":" .... CD ø 0 r:::I [~ r:::I ~ a .... .... ac: CI 0 - c: CD ~o== ¡¡- CD ;:00:- CD -- ~ - - ~ a -. "'" .ë; Ia. 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So! ~ IÞ !i~~. ~ g; f ~ a ~ ~. â i CT § ~ a 51 IÞ i ! æ i t iiI- ~ f 011: 8w i Ej ~ ., 0- f< 8. '08., n ;¡ OIQ '<'â0 > o! ro. ø. ø. '" _I) (þ 00 J!~ . ~i~~ lf ~ ~n~ § šUU g;lì~;1 ~ ~ ~~=[~ '~å·;"', ~i g~¡ ~ ~ ~ '. i - 7 a (;' _'0 i' £r go ., ~ 0 . ~ ~ ~ £r 0-' IÞ ::s 00 , g , I ':"~.... w ~ 011 ~ e. a 'T' I -:< S' 'i" ~ ., ~ g ø. ";' 'T =: iI'!". C;' ~.:: aJñ - . ". " THE TAMPA TRIBUNE 4;Nation/World Monday, July 12. 1993 EDITORIALS HOPE's . . action against . CIVIC crIme . The !';trt'E"!,; arc owned hy the pu~hcr!';, the The "Jlot!';pot" campaign I!'; n step In that pimps, the prostitutes, and law-abldlnR people direction. HOPE churches ore distributing - wdnt them bock. Now. and then collecting - red and white cards to . That was the message the other night when their congregations. Residents who suspect lite· th~ Hlllsborough Organization for Progress and gal drug activity is occurring .in a particular Equhllty Inc. (HOPE) sponsored a rally In a place cnn fl1l out the card, without Identifying West Tampa Baptist church atlendM by about Ihemselves. and Ihal card will be passed along 200 people. to the pollee. Tampa pollee and sheriff's officials also The besieged residents of many urban were there. They left with more than 100 tips neighborhoods often are stigmatized unfairly on drug "hot spots" and an Insistent demand hecause of the crime that surrounds them. that they move against the criminals who aré Most of them are not Involved in crime and· máklng life hell in many of Tampa's nelghbor- are, In fact. Its chief victims. They are Impris- hòf1ds. oned In their own homes, fearful of walking ."We want something done about the crime the street. afraid of being robbed and killed. and the drugs In our community," said the Rev. Locked behind burglar bars, the decent majorl- Thomas Scott, of the 34th Street Church of ty Is terrorized nightly by gun battles. brawls God. and other illicit activities of hooligans. nOPE is the civic action arm of a coalition It takes great courage to call the police In of 24 area churches. About 200 people from such a setting; people feel helpless, powerless, those and other organizations partiCipated In and terrified of what will happen once the the mlly. While the focus was on polke aclion, !';c uad eRr leoves. nOPE's r(ld nne\ while cards Tampa Pollee Chief Eduardo Gonzalez cau- offer a valuable connection between law en- tiohed that the police alone cannot clean up forcement and those held hostage by crime. tliè streets. It tnkes the support of the local This small spark needs tending. Given the community ns well, and that means a willing- right kind of support. It could grow Into a ness to get Involved, to coli the pollee nnd tell flome "!ot will light a fire under the clty's them wlmt Is going on. crime hot spots. · People Acting for Community Together Pueblo Actuando para Comunidad entre Todos Pèp k' ap AJI pou Kominote Tèt Ansanm PACT FACTS DEC 03, 1993 ISSUES PACT HOT SPOT CAMPAIGN: On October 30th PACT held its first "Hot Spots" action against the Chiefs of Police from the cities of Hialeah, North Miami, and Districts one and six from the Metro-Dade Police Departments. During the action, the chiefs were presented with the Information gathered during the campaign done throughout PACT churches. In this campaign over 5,000 "Hot Spots" cards were passed out with Instructions to write down areas of high crime, such as drugs sales, prostitution, and gang activities that take place In their communities. Over 1,000 cards were collected from St. John the Apostle Catholic Church and Immaculate Conception Catholic Church In Hialeah; First Church North Miami Congregational and Holy Family Catholic Church in North Miami; aswell as St. Vincent de Paul Catholic Church and Sierra Norwood Calvary Baptist Church In unincorporated Dade County. After all cards were collected, the Hot Spots Action Committee, composed of members from these churches and from the PACT Youth Planning Committee developed the demands to ask the chiefs. These were: 1. To investigate, develop, and report to PACT within 30 days of action with a short term plan on how they are going to clean up the "Hot Spots". 2. To meet back with PACT within 60 days of action to review progress made. 3. To develop and report back with PACT within 90 days of action with long turn plans that finds a permanent solution to the problem. The day of the action over 120 people were present to meet the two chiefs and two districts commanders. By the end of the meeting all the targets had agreed with PAcrs demands and encouraged all present to continue working for a safer county. Plans are now been made for the first follow up meeting during the weeks of December 6 and 13. ICC COMMITTEB FOR A BETTER HIALEAH: On September 17, the Immaculate Conception Committee for a Better Hialeah met for the first time since February 1993. Its first agenda goal was to continue research In the Issue of code enforcement vIolations and start gathering Information on developing a painting ordinance for the City of Hialeah. During their Oct 29th and Nov 19th meeting, the Committee decided to concentrate on the passage of a commercial ordinance. They agreed that the ordinance should include painting and upkeep of the 1883 N.W. 7th Street, #8. Miami. Florida 33125. 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Congregations United wants ÞO 0Q)!3'Q) uO ÞOi:'oQ)~ '.o"CIoWQ) :a e:s! ~Q)Q)~oW ~Q).o-5oW~o.·!>-Š~ .oQ)oW > ::I"" . members of religious groups to = Q) 5·5 ~ a en e Q) ~""CI ~ 0 ~ ::I g u .- Q) . 0 ÞO" = .0 0 0. oW d <11: '§ p.. B ~ 8 . 8 ~ ~ ~ ~ ª 6å ii .S anonymously identify areas o <11...... ~ Q) 0'" ~ 1 a Q) oW... oW en "CI ~ ë. "CI ~ ~ =.5 Q) = where drugs are dealt. The ~ ui Q) ~ 0 ~ Q) 0.: 0 .¡;¡ 0:'= a.S! >. -5 >. ~.g ~~~~f"CI=~B8. en~&~~~]~Sg infonnation will be turned over o ; "CI 0 ui'.t; ~ en Q) Q) 0 ...... Q) a .- Q) 'E! "CI to police. ]Q)]~~. ~1J5-5 ~1ä-5G~~=-5Q)~ ....~ ~:.= ;:,.. en "" &-5:: Q) ~ -5 :- .5 -¡;¡ .~ ..0 Q) <tJ gt ~ U ~ & Q) 8 Q) ~ ~.~ e æ ~ .~ ~ Q).5 ~ -5 "8 B By THOMAS J. BILLITTERI 'S 1" ~.~ ~ ] Jð 1ä -g Q) ·ã :: ~ S.~ ~ "" ~ Time. Religion Editor en .0 u 0 oW tz.. ~ -5 ::;¡~:.= a u 0. E ~ ST. PETERSBURG - Fed up with e: "CI "CI 0. ~ ·.!.1 >. Q) ..0 Q) en 0 t: cÌJ Q)';'..!. 0 drugs and related crime in area neigh- g~ªB =~. 'ã5-S'~'<;::~&'" :ã'êS'; borhoods, a coalition of St. Petersburg- Oenen Q)::I "CI = Q) .o~ "CI > þo'" > en Q ë <11 0 "CI <tJ Q) U ~ oW Q) area religious groups has a plan to fight 1ä ~-g ~~ ÞOQ)oW=Q)"':'= oW::I_ back. g¡ 'ã : ···::11 a ~ 5 ~ .<tJ a ... & ¡i 8. : 1 '"' Q) . eO en "CI~O ~ Q) := Congregations United for Communi- ~ .S! ~ ::;¡ ~ = U Q) ~ Q Q) en .... Š S.o Q e ~ ë rn is..8!3] ~ -¡;¡ ·-·ã 5 ~. U ~ ~ õ .- ty Action is a group of 22 Protestant, Q) ÞO = ~ rn en._:.= 8. e = "CI ! Catholic and Jewish congregations. To- aQ)o.o ~ :soW ",Q)::;¡oW& 0= ...ow'¡:: o~ ......enQ)"CI ~ en "CI~~ gether with 11 other local congrega- ~ÞO>.~ owo ~~iSenenQ) ÞO ~>'Q) (!") = - "'.0'- U ~ tions, the group will distribute carda a 81~ ~12'BoW ~~ Q.§ ~~~ g-šgß asking members anonymously to identify o "!> a f-o "ii oW 0 ; ÞO oW § ... Q).,¡:: Q) "8 '" <tJ U 0. þo' ÞO locations of suspected illegal activity, ~]~U~8¡~-S<tJ~e~]::I~~~~§~ names of suspects and the vehicles they ~ a ~ Q)'C~ ent: ~=!3 ÞOa ~~ ¡g~ ~'::.o... e drive. Congregations United will turn <tJ Q) ~·2·8 Q) 6 Q) ]..8 Q) 15 Q) == ~ & ÞO ~ ~ over the cards to police and the city. ~ e 0 u 0. -5 'ü -¡;¡ ~ -5 u a.g.o en ¡;¡ Û ''¡:: The group plans to meet Thursday :6~Q).oQ)';'Q):: ~<tJ~"CI <1I0e:"CIQ)"CI 0 with Mayor David Fischer and police ~ ~ g ~ ~oS § oS::I ~ ; ~ 8 ª oS ª ~ Chief Darrel Stephens to explain the Q) .- rn == ow. ~'~!3 u = >~"CIoS=<tJ.2'¡:: .... ÞO enQ)¡g . "Hot Spots Campaign:' get acquainted ''¡:: .- ~ ::I ~ ~ "CI <tJ = Q) till ::I ~ ~.~.g "" ~ rn = ~ ?A oW Q) en ~ ~ ie·2 ui..§ ~ with officials and ask them where they U .- :J 0 ~ 0.0 en .<;:: oS ~... oW Q) see community "challenges and opportu- ~.~~j &.g~i B:i~~~:5~] 5 i !.~ ~ nities" concerning drugs and crime, said Paul Cromwell, Congregations United's ~ 'C .9 ê ¡ ~ 15 ~] ~ 0. S ~ ~ ~ 0. § ~ i:' ~ paid organizer. ~ ~ tz.. 0. ~ 0 & Q) S'ê) i:: .$2 ~:a ~ 13 u·§ ë ....~Q):šQ)OS...· -goW rn .0_ The congregations will be passing - 0Q)~' -5 Q)~§ ow~=="5 .oê.o out cards to people in pews or in meet- ~-Š=>: oW lit: ''¡::~~Q)..8.g ~Q) ~ ~ .S! ~ . ~ ß 0: .g I II) 0 '"' <tJ..!! ¡g § ~ 8 ings after worship services. Most of the .0 "5:5:-, ~ ~ ~"CI:d:a' ~ t::: ~"CI ~.g ~~ ~ ~ religious organizations will distribute 0"" =~ow Q)t;"CI Q)~0Q) <tJ Q)oW cards this weekend. But Cromwell said ~ßen<1lQ)g¡gu ~Q)~5UË"CIÞO~Q)~< ~ ~ :.=Q)-¡;¡ow....· ~Q)uoW anyone can participate by calling Con- "" .~ "CI ~.!!!.g & -5i ''¡:: ~ ~ S .goo to2.5 ~ gregations United at 894-1694 and re- questing a card. ...... "õ .5 'Ê é ~ Gso ~ 1& -! i ~ -Š t: :ø- "One of the values I see in this is the 8, ... ~ <tJ Q) 0 Q) ~ Q) 8. > = !~ police force and the community working III £ u > e'g 6å Q) till ] ~ ui ~¿: ! a.. E en 0 -ð' ~ oW = 2 ~ Q) ~ ..¡..J together," said the Rev. William Mason, 0 ¡g, "5 ~ § :=i'] 8'u 0 ~..:':: oS B ~ ~ pastor of St. Joseph's Catholic Church, C~ .0 Q) _ = j Q) 0 0 >':.= tj 2101 22nd Ave. S, and a Congregations "CIu......en~ 0"CI till "CI~O United board member. "We don't want c:Þ ª !:I..8~£.~ ~ 1ä~ B~ ¡¡¡ ~p..~ .- .0 ..!! ::z "0 till' ÞO....·¡;¡ en 8 Q) ... to thrust the entire responsibility on the !. .!:: u 1"11 'i '-\i ~ ~ II) ~ 1ä.t: ~ -5 0. police. " ~...Q) Q) - e ~~¡;¡tIII i '5Q)""=''¡:: ~en~'" Q)<tJB "I think the Police Department is E ò ~ ~ p Æ ~ "0 ~ i B ~ "CI.!!! = ¡;¡ doing an excellent job, and I think they u f-o ~ j iŽ ª........:: = õ >..¡.<n.g ~:: . would do a better job if they realize the "CI ~...¡' ~ _.0 a: .8 =] :a ~.o ~ community is backing them up," said the a .~ ~.~ ~ ~ 0 ~::;¡ ~ a oW e r d .~ =e..c::Q) ....o=~en~"CIo ~Q)Q) Rev. Clarence Welch, a Congregations ::J p.. u ~ ~ u .g .g .2 ª ..t: ._ e:s! Please see CAMPAIGN Page 4 , ~- ,,'·...~,'...f"\ ..~..,; . . . HOTSPOT Came!!,sn This campaign gives citizens the opportunity to report criminal activities anonymously (with the HOTSPOT CARD) and have police to investigate and make arrest. Pastors, PULSE Board Members and other concerned citizens will ride into these areas with the City and County Police officers to make sure that these reported "Hot Spots" are þeing neutralized of criminal activity, Campaiqn Objectives: l. To give residents ~he opportunity to anonymously report suspected illegal and reJated crime activity in their neighborhoods (such as ~omes and parks where drug are being sold, etc. ) / 2. To alert police to suspicious activities. Even if the police know about it, this campaign will alert them that the community knows and wants something done about it. 3. To give PULSE and its member congregationð ~eðn& to follow up with pOlice department regarding specific police responses and actions taken. Our Pastors, members and citizens will be riding with the ,officers in the "HOT" areas to make sure each report is being followed up and resolved. For more information about the PULSE Hot Spots Campaign, contact: People United To Lead The Struggle For Equali~y 180 N. E. 19th Street Miami, Florida 33132 (305) 576-7590 or 95 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tfJ1" /1 SUBJECT: AGENDA ITEM it rA - MEETING OF MAY 17, 1994 RESOLUTION NO. 38-94 DATE: MAY 13, 1994 This is a resolution assessing costs for action required to correct an unsafe condition (unsecured swimming pool) located at 3887 Angler Drive. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $165.00 remains unpaid. Recommend approval of Resolution No. 38-94 assessing costs for correcting an unsafe condition on property located at 3887 Angler Drive. . -- , f -- ---- ~.- -- .--.--.- ---- - RESOLUTION NO. 38-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun wi thin sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, . .... -- _ _ __ u. - - WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and. parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6\) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 38-94 . - ~._-- ~._---_.- --- --- ._--- ------------- -------------- - --- Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contal.ned herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1994. MAY 0 R ATTEST: City Clerk - 3 - Res. No. 38-94 . NOTICE OF ASSESSMENT Date TO: Wisler Francois and Anne Evanie Sainrival ADDRESS: 3887 Angler Drive, Delray Beach, Fl 33445 PROPERTY: 3887 Angler Drive, Delray Beach, Fl 33445 LEGAL DESCRIPTION: Lot 34, Block 12, Delray Shores First Addition according to Plat Book 28 Page 2 of the official records of Palm beach County, Fl You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $165.00 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 1-13-94 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 1-26-94 at a cost of $165.00 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. . , Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF TilE CITY COHMISSION. Cicy Clerk . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (/'jV ì SUBJECT: AGENDA ITEM if'S - MEETING OF MAY 17. 1994 RESOLUTION NO. 39-94 DATE: MAY 13, 1994 This is a resolution assessing costs for action required to correct an unsafe condition (unsecured swimming pool) on property located at 522 Fern Lane. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $500.50 remains unpaid. Recommend approval of Resolution No. 39-94 assessing costs for correcting an unsafe condition on property located at 522 Fern Lane. . RESOLUTION NO. 39-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY I BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE I CITY OF DEL RAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- I TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. ! WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part I hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code " of Ordinances; and, ¡ :1 WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his 'I designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set I forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and I I did furnish the respective owner(s) of the land(s) described in the I ! attached list with written notice of unsafe building and detailed report ,¡ i of conditions and notice to vacate as the Building Official determined I that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development I Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be ,I repaired or demolished; work must be begun wi thin sixty (60) days and ; all work must be completed within such time as the Building Official :1 determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and :I failure to file an appeal or to make the repairs required that the I Building Official would have the authority to have the building demol- ished from the date of the said notice; and, I WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, . ï WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, I WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No.39-94 I . :1 il í Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's ¡ fee. i PASSED AND ADOPTED in regular session on this the day I I of 1994. I , I II 1 MAY 0 R '1 I ATTEST: City Clerk " ; : ! , - 3 - Res. No. 3 9 - 9 4 , i . NOTICE OF ASSESSMENT Date TO: Addissa Youtte, Cerandieu and Lavilla Francois ADDRESS: 522 Fern Lane, Delray Beach, Fl 33445 PROPERTY: 522 Fern Lane, Delray Beach, Fl 33445 LEGAL DESCRIPTION: Lot 3, Block 9, Delray Shores according to Plat Book 24 Page 24 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $500.50 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 2-17-94 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 3-1-94 at a cost of $500.50 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. . , Copy of all notices referred to in this notice are available in the office of the Buildtng Official. BY ORDER OF TilE CITY COMMISSION. City Clerk . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: féITY MANAGER ~c, - MEETING OF MAY 17, SUBJECT: AGENDA ITEM # 1994 AGREEMENT WITH PRIVATE INDUSTRY COUNCIL/"POSITIVE CONNECTIONS" SUMMER PROGRAM DATE: MAY 13, 1994 This is before the Commission to approve an agreement with the Palm Beach County Private Industry Council for their "Positive Connections" Summer Youth Employment and Training Program. An overview of the program is described in the attached staff memorandum. No funding is required by the City. Recommend approval of the agreement with the Private Industry Council for the Summer Youth Employment and Training Program, subject to review and acceptance by the City Attorney. ref:agmemo2 . MEMORANDUM TO: Susan Ruby, City Attorney FROM: Patsy Fox, Human Resources Assistant~~ Ned Gusty, 'y¡l1 ..- THRU: Interim Human Resources Director ~ SUBJECT: REQUEST FOR APPROVAL OF THE PALM BEACH COUNTY PRIVATE INDUSTRY COUNCIL'S "POSITIVE CONNECTIONS" SUMMER PROGRAM DATE: Ma y 11, 1993 The following recommendation is being made to approve the Palm Beach County Private Industry Council's "Positive Connections" Summer Program. Program Objective: To provide job opportunities for youth which familiarizes them with the job market, provides skill in training and job seeking skills, and to complete needed City wide seasonal projects. Program will provide meaningful employment experiences with tangible outcome which will be beneficial to the City and to the participants. Program Duration: 6 weeks during the summer months. (one week training with the Private Industry Council, five weeks on the job) Participant Ages: Between the ages of 14 to 21 Work Week: Not to exceed 20 hours per week Hourly Rate: $4.75 per hour to be paid by the Private Industry Council. Residency: Palm Beach County residents only Other Eligibility Requirements: - Current driver's license or picture I.D. - Proof of current address - Birth Certificates or alien registration cards for entire household. - Social Security cards for the entire household - Proof of family income or public assistance during the past six months. - Proof of wages - Proof of AFDC - Proof of Food Stamps - Proof of SSI . - Proof of Social Security Assistance - Proof of child support and/or alimony - If disabled, proof of disability status - If in college, proof of any grants or loans you have received - If an offender, proof you were in prison any time during the past six months. - If in school, report card or school record - If applicable: Proof of draft registration These are set requirements regarding eligibility criteria for enrollment into the program. A youth may be eligible for "Positive Connections" Summer Program as an AFDC recipient or a member of a family receiving AFDC, a food stamp recipient or a member of a family receiving food stamps, or an individual or member of a family meeting the income guidelines. These documents are checked by the Private Industry Council. Restrictions: 14 to 21 years of age. Safety shoes if required Pre-Screening & Selection Pre-screening and selection will be conducted by the Private Industry Council. Recommended Funding: None Positions: We anticipate utilizing the participants in clerical, recreational, maintenance and other related positions. Placement within City departments will be based upon departmental requests. AGENPIC.DOC/pf , . ..' #' " . , Check one: f9 positive Connections (IDœ~ ~ 1] 0 Fast Break 0 Alternative Program (PBMI, PBYC, Camp Shalom) 0 Youth Services ? Agreement No. EMPLOYER WORKSITE AGREEMENT ,FOR WORK EXPERIENCE SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM This agreement is made for Work Experience Project under Title lIB of the Job Training Partnership Act (the "Act ") between the Palm Beach County Private Industry Council, Inc. (the "Private Industry Council"), of 600 S. Dixie Highway, West Palm' Be;ach, Florida 33401, Phone#(407)6S9-S2l3, and l. City of Delray Beach . (the "Employer") Acl.dress: 2. 100 Northwest 1st, Delr;:¡y R¡:>ach, Fl. 33444 IRS No.3. 596000308 D~cr~~ttpn of Organization: 4. r un~c.¡ a ~ty ~._~-::--~ r. TERM: The term of this Agreement and the starting and ending dates 7':f the work experience shall be from 5. 6/20/94 , through ~ 8 26/94 ; provided that the Private Industry Council may earlier termina te this Agreement by so notifying the Employer in writing. II. EMPLOYER REPRESENTATIONS: The Employer represents that (1) it l.S a private non-profit or public non-profit corporation, and (2) is capable of providing Work Experience in accordance with the terms of this Agreement. III. SERVICES TO BE PROVIDED: The Employer shall provide Work Experience in accordance with the terms and conditions of this Agreement, in the numbers and for the occupations described in the Work Experience Job Order (Attachment 1) and Addendum for changes, and the Description of Worksites (AttachD1ent 2), and the synopsis of Summer Youth Employment and Training Program (Attachment 3) , attached hereto and incorporated herein. A.. Referral and Selection L The Private Industry council shall rp-fer to the Employer for each position, one . or more individuals, JTPA certified as éligible for partic~pation, if available, throughout the term of this Agreement, 1n order to assure to the greatest orig. 2J4í94 1 '. --- --- --"------------ ~xtent possible the filling of all positions. 2. The PIC shall only refer participants who are certified as JTPA eligible, between the ages of 14 to 21, and who meet the employer's referral criteria as specified in the Work Experience Job Order (Attachment 1). The employer shall have the right to interview and select the participant subject to non-discrimination guidelines. B. Employment 1. Each participant shall be provided a meaningful employment experience, with a tangible outcome and benefits to the employer, the community, and the participant, and as specified in the Job Order. 2. Employment shall be conducted at worksites designated on the attached Work Experience Job Order and Description of Worksites. 3. Employers shall ensure that participants are provided adequate equipment and supplies for their assigned work. f 4. Youth participating in Youth Services shall be scheduled to work a specific maximum number of hours per week in accordance with the specific program restrictions and shall not be permi tted to work in excess of the maximum number of hours permitted per day to be scheduled, or a total of five-hundred (500) hours during the term of this Agreement. Some participants may be required to work less time due to their concurrent enrollment in other PIC programs. (See Attachment 3 for specific program requirements, maximum hours, and restrictions.) , 5. All employment and training activities hereunder shall be conducted in accordance with the conditions set forth ln the attached Assurances and certifications and with applicable law, including Child Labor laws as attached (Attachment ~) . c. Training 1. The Employer shall provide each participant with meaningful, well-supervised job training consistent with the duties and responsibilities of the job position, and designed to ensure successful attainment of entry level skills and work habits required of such position or occupation as set forth in the Work Experience Job Order. ~ 2. Such training shall include an orientation to the organization and work station, including but not limited to the Employer's policies and procedures, work and schedules and break schedules. Ð ~ ~ '\\ orig. 2/4/94 2 ~ ~ ~ r . D. supervision 1. Employment and training hereunder shall be provided through the Employer's qualified supervisors, who shall be: (1) regular employees of the Employer, (2) experienced in the work to be performed by each participant supervised, and (3) determi~ed by the Employer to be appropriate to supervise such participants, and 4) successfully completed a PIC sponsored tfWorksi te supervisor's Workshop" . 2. The Employer shall maintain a ratio of at least one (1) supervisor to a maximum of eight (8) participants, including provision of a back-up supervisor during the absence of any supervisor. 3. The Private Industry Council shall make appropriate arrangements for the orientation and instruction of supervisors, employing Worksite supervisor's Manual to be provided by the Private Industry council. Employers, the employer's supervisors and participants shall be provided with a manual outlining the policies and procedures to be followed during the program. 4. The PIC shall ass1gn a case manager to each participant in a work experience employment position who shall be the liaison person between the Employer, PIC and the participant to handle any and all questions, arrangements, difficulties or disciplinary actions regarding the pa~ticipant. . 5. The Employer shall have the right to take disciplinary action, suspend, or disengage any participant assigned under the te~s of this Agreement 1n accordance with the regular personnel policies and practices of the Employer. The Employer must immediately notify the PIC Case Manager or Youth Counselor and follow up 1n writing of any terminatio~ and the reason for such termination. IV. COMPENSATION A. The Private Industry Council shall cOffipensate each participant at a rate of $ 4.75 /hour for hours worked during each two-week pay period, upon receipt of proper documentation from the Employer as specified below. In no event shall JTPA funds be used to compensate a participant for hours in excess of those contractually agreed. B. The Private Industry Council shall provide ~orkers compensation coverage and make applicable FICA and fed~ral income tax withholding payments for all participants engaged 1n Work Experience under this Agreement. orig. 2/4/94 3 ~ m ~ ~ '\\ , V. TIME AND ATTENDANCE RECORDKEEPING A. The Employer shall keep accurate time and attendance records for each participant, employing the Time and Attendance Record provided by the Private Industry Council. At the end of each two-week pay period, the Employer shall have the supervisor and participant sign a~d attest to the accuracy of such Record and shall promptly submit :.t to the Private Industry Council. B. The Employer certifies that: (1) it will only record actual hours worked by participants; (2) it will require each participant to sign in and out, employing the Time and Attendance Record; (3) it will not permit participants to simultaneously sign in and sign out. C. No Time and Attendance Records shall be submitted by the Employer to the Private Industry council for any individual who has not been referred and certified as eligible for participation hereunder by the Private Industry Council and the Employer shall bear full responsibili1:y for payment for any hours worked by any such individual. VI. EVALUATIONS AND MONITORING: The Employer shali iully cooperate in the evaluation and monitoring of activities under this Agreement by the Private Industry Council, the state of Florida Department of Labor and Employment Security, the U.S. Department of Labor, and any other unit of local, state, (.r federal government. VIto ASSURANCES AND CEITIFICATIONS The Employer assures aile:! certifies that it shall comply with the provisions of thE Job Training Partnership Act (P. L. 97-300) (the "Act") and regulõtions dnd policies promulgated thereunder, as such Act, regulations, and policies may be amended from time to time, and with applicable l"ws with respect to political activities, private-for-profit employment activities, nepotism, conflict of interest, fund raising, political patronage, and lobbying activities. The ErnploYI~r further assures and certif ies as follows: 1. Employment and tr~ining provided to participants hereunder shall conform to the job description and the duties to be performed as set forth in the Work Experience Job Order. 2. Conditions of employment and training hereunder shall be appropriate and reasonable with respect to the type of work, and the proficiency of the participant. 3. Health and safety standards established under state and federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of participants. orig. 2/4/94 4 ~ m ~ ~ \\ 4. Except as may otterwise be provided in this Agreement, all participants shalJ be provided benefits and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work. s. Participants' aC1:ivities under this Agreement shall be conducted in comp] iance with the child labor provisions at the state of Florida, the Fair Labor Standards Act and other applicable laws. 6. Employment under this Agreement shall not result in the displacement of enployed workers or impair existing contracts for services or r~sult in the substitution of federal funds for other funds ill connection with work that would otherwise be performed. 7. No participant sh\ll. be employed or job opening filled when any other indivilual is on layoff from the same or any substantially equ~valent job, or when the Worksite Employer has terminated tile employroent of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so c: "eated by hiring a participant under this Agreement. 8. No position under this Agreement shall infringe in any way upon the promoti mal opportunities of currently employed individuals. 9. . None of the funds disbursed under this Agreement shall be used ~ to assist, promote, or deter union organizing. 10. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with this Agreement because of race, color, religion, sex, national orlgln, age, handicap, or political affiliation or belief. 11. The Employer shall afford participants an opportunity to present any grievances or complaints about its activities under this Agreement, in accordance with the Act. 12. Participants shall not be employed in the construction, operation, or mairtenance of any facility as is used or to be used for sectaria 1 instruction or as a place for re 1 ig ious worship. 13. Employers that em: -loy participants in Out-Of-Doors type work shall provide the Private Industry council with an inclement weather plan in Wl iting and include this provision as part of this agreement. . 1he inclement weather plan shall be attached to this agreement orig. ~/4/94 5 ~ ~ ~ ~ \\ . '- ' 14. The Employer shall submit such information as may be required by the Private Industry Council and the Florida Department of Employment and Training in assessing the extent to which the services provided under this Agreement meet the special needs of disadvantaged, chronically unemployed, and low income persons for meaningful employment opportunities. 15. The Worksite Employer will provide the ,1 of U.S. Department Labor and the Comptroller General of the united states, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Agreement for a period of three years from the date of termination of this Agreement. . orig. 2/4/94 ~~~~~ 6 , .~ The Employer shall comply with the attached Assurances and Certifications, which are attached hereto and made a part hereof, and will retain a copy of this Agreement at each worksite. EMPLOYER PRIVATE INDUSTRY COUNCIL Authorized signature Authorized signature Type Name Type Name Title Title Date Date ~~ít~~ . orig. 2/4/94 7 . o' j , \ ~ t .~ Addendum For ChanQes f Prooram Name: Prooram Sites: .T Program Contact Person: Prooram Phone: ¡ Program Description: Program WE Goal(s): Date of WE Component: Max. # Hrs.: Days of Work Permitted: Hours of Work Permitted: Approved by: PIC Representative Date , Approved by: Employer Date - ®œ ~~ U orig. 2/4/94 . , WORK EXPERIENCE I JOB ORDER Instructions: One job order is needed for each position or iob, for each site. To save time we suggest you CQmplcte al! items that will remain constant, make as many copies as you need and then fInish those items that are variables on the copies. Worker's Comp Code: This is a four digit number assigned by your Worker's Comp Carrier for that position or job within your type of business. We need this number so that we pay the correct amount to our aerier for this coverage. ~ncral Information j Company/Agency Name~ Type of Business: Main Address: Main Phone: Contact person: Name: Title: Job Site Address: Phone: Contact: Directions: I Job Specific Job Title: Worker's Comp Code: _ _ _ _ No. of openings: Days of Work: Hours of Work: Description of job duties: -- Specific SkiIls needed to do job: I (If this joh requires work outdoors. plea~e J((3ch an inclemcnt weather plan.) Any special requirements or exclusions? (for cxample: age, physical capahilities. mcntal capahilities, Cle.) Complclcd by: Tille:. (1'1c.uc rrint Signaturc: 1):1(<:: ill) œ [ß ~ ~ " I I i I I This chart summarizes (he child bbof laws oflbc: SuIc of FIori<b and (he FdN'",,1 F"ir Laloor SI4.NI.1rt/s AcT (Fl.S.'.J. The \!ricter provisions ate dcnoccd by :11\ aslcrisSc·. Attachment 2 '.' ~fISORS ., It 17 MISORS I~ It 15- t:a6t< HI~oId MA\' :O;OTWORK SCHOOL 'fIocicú: !oUy NOT WO<i durinc school houn unlcu . f1orid.t: COMPUL.SOftY 104"" -.., (ull......, unlc.. . hi¡h school rndu.<c A1TEI\DANCE hirh school ,rad,,*". holds . GED_ 0< is ~nroIlcd in . 0< hold. ~ ucmp<_ (rom ochooI _~. M.y no< won. .s...¡", ",hooI school ...øó: c<p<ricn« ~. houn. FLSA.: MIl.Y ifni ""Nt JIII'M.( KA...."........,., PERMITS fIoc;' . &: FLS.~: No< '~quit<d. Prio< 10 hirinr. ~mplo)'C'f must obu;" .nd ~«p . <opy 01 prool '" ~ fn< >It) ~n'pIo)"« un.kr 18 yc>n old. TO '...·ORK HOVRS . Aorid.t: tob)"...<JÓ. lip 10)0 houn. "'uk ...'hen school . Aorid&: 104.)" ",.O(i. J houn 141) . hen .ct>OOI i. schedu\c1 ¡he (oIlo""n, 41y. Of WORK is in snsion. No _ dun 8 IocIuß . day. Mar...att 15 houn. "'cd; ..i><1o ><t.o>oI is in stt.ion. /o4.>y won. 8 houn an. Docs no< >¡>pI)' duri", hoIid&).. and """""" uc"ion. Gay noc pK«<f"'! & .ctoooI 41y_ FUA.: Nn /it,u'dIHtttU. FLSA: ","Mil srAtttJI isÙ. k'J~..J,¡,Ãl.'" IfI4.UMM'" IS J """1'1 U#f J<Ån(J M.H. 6lwwrl 1t#"'·Jrlw..J J.r:s: ..('('L~,- #ftoI.U",.... is 1& /wur,. Ao<id. I< FLS.~: Durinr h<>IodJ)s"' ...mmcr ~>C",ion <l&il) RUAimum is 8 houn .nd .. cdl)' nut"""" is JO """'. SPREAD . Aorid&: M.)·..'Oft !><tVoun 6:30 ..ft!. &nd II p.m. AoridJ: M&y wort !><t..'<'Cn 7 ..... .,. 7 p.m. Vo hen ",hool is schedu\c1 <he Of HOCRS ...·hen school is ",hedulcd.he ncu d&y. Docs no< Wy (olloVo'in, d&y. o"rin{: hoIid.1)""' """'"'" ">C",ian nuy ..-oci: un.il9 p.m. durinr su""",,r V>C1lions &nd hoIid.ays. · FLS.-4.: It-Or! ",au No 1"<'ifotU,W'¡/ """"·('04 7 D ,,,. and 7 p.M. FrrJm lUll.. 110 FLSA: No lit"¡td';ttIU. LAhfV' Dø.'" 1f4d.'. .....v(·",9I'.JIff. DA YS PER WEEK eAoòc:b: No me« dun 6 cons«v(i~ days pel wort. ....·~d~. FLSA: Nn limÙøt;""'J. BREAKS ·Aorid.a: Minors....... be ,¡\'COO. JO minute mClI brClk i( ¡he)' ..'Oft an<>K IIwI ~ C<,...cc"'"..,.......... FLS..~: No li".¡,."ion.s. AGRICt"LTI'RE eAocicú: Minors pu1tc&p.a1in, ¡., fumWC'C"k. no( on melt p.vcnu· bon. muSl c'OC"pI~ .·uh chc' umc rntncttOn1. u in Other~. Fl..S.A: No limi,,,,H,,,s. FLSA: Nto ,,.~',.O<'" ~,,,,""d d.r"'1 ~Å<>oIlwu'J, Ma.,· .",t a¡", ~1tOOI ill O('l""ftcI,Ù'HU IfDI Mrløf"~¿ 1w:¥Á-" ¡II D~råf:ul'''r~. 5<.. Child LAir« 8"1/..';,, 10J. (/! &: IJ .'"~dr øJJSIftlJ.,· b.r ~~:~d 1M D !fl'''' ",,·h~r< It,;ftOI"s pat"Otl is D/sO "If,pllI.w-d. H(tt Jllrilf KIuKt/ ""-'I'. RESTRICTED . Aorid&: C1tV\OI Vo'Oft in piKe Vo~ 1kobolic be"<r'r~s 1« sold. sell or sc"'~ akobolic be,~, E'<epcions nud< only b)' Aorid.& OCCCPA TlO~S Di,'i,ion 0( Akobolíc 1kv«'!'C' &nd Tobacco. Aorkb: No mi_ omd<r<he I(~ 0118 nuy...'Oft in .he« <xcupal""'-' dccl1r~ 10 be Iu.zNdous: · In Of .1round c&plos4vcs ..eOpcf~inr OC' .1uiS1in, to ~ ICKtOO O'C'( ~ PTO horsc~·Cf. · Lo"in,: or .....millin, (ori;.li(ls. <~~·in, ('QU'~nc. U1~ h.J:l"c1Iin,. pbl\cjn~~ Of plo....,in' · eln buikfin~ COfts[l'VC'tton m.»ehUw:1')· Of ~ fnO'o in, rIUo..-tainc'~ · eln Of' 1COUÑt tOI.ÍC' subsunccs. cOCTOSivcs ()( pc\.l.icióc'S -'On :an)" sc1rroklin~ roof, 0< l>Jd<n ....-..,.c 6 (<<:, .eFif<fi~hfing .. Wrcd.:i~.. dcmotition Of (,~1"~.ion , Sbu~tucnnr. me11 podÎrl( proccuinr oc m<dcrinr ~ Minin, oc~ÍOftS "EIc",òcal ,,·att .. Op<n(ton of po"Aou-dri,C1'I b:1:t.C'1')". tT'<"C.1I.(()(TT1inf:. wood....·CK'line. p.1pc-f pt"OdUCb Of hoC1tin!, m.:...:hiOC"1.. FloOd.1: J-I.Jnd 1.5 ~cJ.( old') nu~ ro..:'oe ...on. L'"\ 1h<;'\.C OCcup.Jtlons Of U~ Iht\ C'quipmcn': Po...·cr-dri...cn m>.::hincry · Otlinf Of ('k.1nins nucb&n:::S Woó.; in (cccure; or mc.J.1 cookn .. U11n(: mc'.3t Ot \('!='cubk 1,JICCf'\ _.. · Po"'-cc-dn\·C'n bunJry ex dr;r ck.1:"".Jnf rru.. h,,¡.c~ ·"()oo(·to·door \.Jk. o( pcoducu k\ cmpto~-mcnl · SPf3Y pJ,intin, . · Op::(JCtn~.J. O'\O«)( vdt«:k · Any m.J.nu(.x'u(' n~ .- Allìf.J.t()( ""'f'C'-.tlln, FLS.-4., X(, m;,,0'1 ulIJ..r 18 MD5 It< <mplo5uJ ;11· eMt>iOf 1'("111'-/(" ()(-ruf'O';""I. ,n.ýilt.( ð\', "{\cJlf""'~ ""J'<": { t"f" ("J' ,f,.,n. h.,t(rry m.od,i"U"J f"Or<r producfJ m.QCI,'III."S. D'('llilnJ o.rfolÎ1·~j. '""""1. In.(l"',(. JC" m,IIIn.(. ~ ("( ...o.Ki... €fo'(,....( .:~ ",("t..;1 lO","III,'\ m4Jrh"'C'J. h''J/UlI 0f'r...,Jru,uL Jlou,t:hll."rt".(. nr "f<"ot lJ<Jd:iftt oaw.p.Jlln"'J fC/Rrll[R u.'ur"'Tlo.\S "'I'I'LI'. ""'':-' fh< C oS D<{'I "f Lal><>, ~a,(r &< H"'" 011 HUIII/'" ",arl." ,n/nrnwIÙJIt .--- EXCEPTIO'S FloruJJ' ~flnoo, v.ho !oI.orl (Of the'l( p.J.(cnts in OCCUp.Jlu.>n\ nol dC\' .HnJ h,Jl.1tdou~ Jrc C1.Cmpt (:.....-: rc:'lrl"':~....M'h on hour\ P .)fc~ in the f1..>n..1..1 «-00 f:.. C( kt·\I.Jlurr, Sc"" ~pJ,f'C'r dclt\·cry (10 yc.I.~ oldJ 2u(hor;lics ",\1H\4,"Ir\ In) J.~c m.)~ r<nonn incnlcnJ.fnmcnt prodU<lIQtl\ rCf:tqcrcd ....tln the CbJJ u~ ~I..:..-: Fl.x--':.z o.:-p.J:111ICnl o( lJh<."Ir JJ'\d (or mor(' Emrl.!~ l"Cnf SC4.~urÙy (mociOC\ p...·tu{C\. TV J.nd r>dIO. moddtnf. phofo~r.lphy_ rc,,:\o{dtnt\. ff-.>:'~"" .)<f (.r~· \,,:'..(' \ I \"nOI"'\..... no J,rc cnrolled In infl1rm:'lionl ,.,,,,,,,., .JIH C cJV( .I'lon Pfofnm'\. h",ld cllcmptlC\lfl'\ (rom ",,:h()\~ .lllcnJ.Jn,·< Of ... J,,\ cn. of h..>uf\ 'r .....~.~·I'vr:~ : :(~ .J ,..,:h....) ~uf'·lInt('nt.kr.1 oc Ihe ChllJ LANr SCChOC"l. F1\JndJ. Dq'I.Jnmcnl of LtOOf ~nó f.mrlt'~l11cnl Se,,:uftI~ "_S~ \f,"I"" rn'/"/".,rJ h.'·'/'ru f"'J'l."ftU,It (II(' "('1""....'"#0( J("~ lu,('J /'.,}:."J,Of" tf,t'kH\ r",¡.i.,~,·,:<.J ';_ '.01) .., ¡·(',/...,.,,.,,,n 1{',I..'",'".r" r'I/,.,I,),,,,,,(',,, r"oduc lUll" .4.1'~""J t"",.JII,J,n ('0('('<'<.J(I\'(' ('J... oJfI"'1 PfClt:.', 4J,," Dr/II c·, \ .1 ,,-,.~ I.""v.......,: _,·u _ - -- ----------- .--------.----- ..-- -._--- --. _..--~- f'E.'> ,\ I.TI ES nvuJ.J (mp(u~ nh.·ne Q( nuOOt" en \,tObt,on of f\1)( d.l (1uld l..Jt..,. LJ...." na.;l~ f'oc' fU'I('"tJ up 10 \: _~:'I f'I:' ,,':~cn...(' JoJh', he IU,h} of J 'oC":onJ d('"~'lcC' nll'4.krnc..II\oOf' I L.I.' .~f."II7'UI'''' li,.n "r 1.' SJO,(){X). ~ ----- - ---_._---- .---.,-----.--------.-- - -- -- ------- WORKERS' "floncJ.J If ...n IOJycC'd m",\C, ( í~ ~p&o)'~d In ",~..hOO 0' :¡n} p...,..t\,on, o( lbe chll4l.rbcx I~..., 0( F"kwo.J..l CO~PE:-;S\TIO:'i 10 dovhk the t,·(WT1pcrtUtKII(1 ~f'Wi:(.(' ~y;,abk unðcf FlorKJ;a WOlLc(\,' Comrc",.ftOllJlft U.... POSTI:-.'(; eAOf'<.1,a· All ('mp'o)c" uf minou mv'\t po'\I in I ("otnp..,:vou.. pt.K"C on lhe prHp:'n~ Of pU<"c of ..~) mocnt ... hoclC II REQl'IRE\lE~TS P",uC'c nc)l fytn~ mll'KW~ of lhe (")wid L.:ahoc' l..1...,. FOf .,,(orm.JIIOf'I on \1"'1(' I.;a.... \ conl,;,el ~ Rorida Department of Labor non..!. Dc,..."mcnl of 1....1><" 1"" Em,..lo) men< Xc""')'. o..1d l.Jbo< Xcto<>n PO 80. 16YK, T.II.h.",,,. fl.. ~~,\()!·16YS, Tclcr"onc 9O-I-CSS.J IJ 1 Ft"u '''!ffrnwtl(If'' '"' F ,d"f)1 If)'" J , (Wlld( I and Employment Security US Drrurlmr,,',1 ÚJhor "d.C', & Hnu, D'-"IU'M t. ".·.1 ,., ,/'r ,,·It'rh. ·u.· ,/" ,.. ,." I "11.1,,, (. «; r;... r"''',r", ~ '~K&nðS I.,... WO'''''f"oQ floc",,' .==--. ----.---..------- , Attachment 3 SYNOPBIB OF BUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM MARCH 9, 1994 PROGRAM SPECIFICS .1 Positive Connections: (up to 20 hrsjwk, 4 hrsjday max.) Positive Connections will basically be conducted as it was last summer: half day in class and a half day on a worksite with transportation and lunch provided. The program is projected to serve 1250 youth at school sites throughout Palm Beach County. This program features applied math and language arts classes, computer remediation, enrichment and a high technology experience. The youth will be place according to their objective assessment and interests. Fast Break: (up to 40 hrsjwk, 8 hrsjday max.) Designed to be conducted on PBCC Campuses in conjunction with PBCC. This will be arranged via a financial agreement with PBCC. Graduating Seniors who meet criteria will be selected to participate (there are 441 graduating seniors on the free lunch list). The program will be conducted for six weeks, the youth will work 40 hours per week and be paid $5.00 per hour. It is estimated at this time that 135 youth will participate in this element. Those youth who successfully complete the program and who will be remaining in Palm' Beach County will be assessed for possible status change into II~~ training activities. Alternative Program: Palm Beach Marine. Institute (up to 20 hrsjwk, 8 hrs/day rnax.) The Director, Jack Ross, indicates that there will be one team of 5 youth who will participate in Graffiti Busters, a project designed to eliminate graffiti on property owned by public and non-profit agencies. The youth will rotate through this program so that approximately 25 youth will be participating altogether. Mr. Ross :,-,,:,~:,;ç,st.s ~~.~t. We find some way to assist in paying for the gas for the van that transports the youth to the site. PBMI will be ;:-:-':.'viding the transportation and the supervision. A few of the more advanced youth will possibly have a regular SYETP job. The money the youth earn will primarily be applied toward owed restitution. This is an HRS commitment Drogram and is run by a non-profit agency. orig. 2/4/94 ~~ík~~ ~ · . A1ternative Program: Pa1m Beach Youth Center (up to 25 hrs/wk, 8 hrB/day max.) , Mr. Dan Brown indicates that 12 youth will be participating. They will work 25 hours per week for 10 weeks (6/13 to 8/19) for $4.50 per hour. These youth will be kept on site and Mr. Brown has a number of things which they will be doing. He will provide all materials and the supervision of the youth. This is an HRS commitment program and is run by a non-profit agency. Thése youth will be dual enrolled in II-C/II-B. Alternative Program: Camp Shalom (up to 20 hrs/wk) This project has 25 youth who will work 4 hours per day for 10 weeks (6/13 to 8/19) and who will be paid $4.50 per hour. These youth will probably work on site, but some might work off site under close supervision. This is an HRS commitment program run by the School Board and the Jewish community Center. These youth will be dual enrolled in II-C/II-B. Youth Services (up to 40 hrjwk) There are several organizations locally which recruit this same group of youth as participants in their summer programs. Examples of these youth enrichment activities include: bank camp, cheerleading camp, sports camp, church camp, arts/acting camps, health occupations exploration, etc. to name a few. Some youth do sign up for Positive Connections knowing that they will take off to do these activities. They do this because they r.eed the money that the job offers them. This year we propose to cooperate, instead of compete. We recommend providing a work experience, the date of which we will work around their planned activity. This activity will be verified with the organization and the youth will only be aalowed to wOLk the same number of hours that they would have worked if they were in the positive Connections Program. SYETP PROPOSED BODGET Program Element Planned Enrollment Projected Budget School Board: positive Connections 1,250 $1,700,000 PIC: SYETP Wages, FICA, WC NjA 1,059,000 PIC OPS NíA 640,157 Youth Services: YS--PICjFast Track (P3CC) 135 64,125 PB Marine Insti~ute 25 PB Youth Center 12 Camp Shalom 25 Other lOG ------------------------------~~~~~---------------~;~~~;~;~--~ ~ ì1 '. . - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER e,'jv'\ SUBJECT: AGENDA ITEM * ~~ - MEETING OF MAY 17. 1994 APPROVAL OF TRANSPORTATION ENGINEERING CONSULTANT FIRMS DATE: MAY 13, 1994 This is before the Commission to approve the selection of David Plummer and Associates and McMahon and Associates as Transporta- tion Engineering Consultant firms. The firms will provide the City with on-going "as needed" services. Four firms responded to the Request for Qualification. Their proposals were reviewed and ranked by the City Engineer, the Assistant City Engineer, the Deputy Director of Public Utilities, the Director of Planning and Zoning, and the Principal Planner, and the top two firms were selected. It is anticipated that approximately $15,000 will be expended in the coming year for transportation related services; i.e., traffic studies, routing, parking, etc. Funds for the remainder of this fiscal year will corne from the unexpended Traffic Engineer salary in the Planning and Zoning budget. In the corning fiscal year the funds will be included in the budget of the Engineering Department. Recommend approval of the firms of David Plummer and Associates and McMahon and Associates to provide transportation consulting services. . · ;l{ , , t:iv1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~~ FROM: DIANE DOMINGUEZ, ~ DIRECTOR OF PLANNI G & ZING SUBJECT: MEETING OF MAY 17, 1994 **CONSENT AGENDA** SELECTION OF TRANSPORTATION ENGINEERING CONSULTING SERVICES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of two firms to provide on-going transportation engineering services on an as-needed basis. B A C K G R 0 U N D: On February 22, 1994, the City Commission authorized staff to proceed with the selection of a Transportation Engineering Consultant to provide on-going services, in lieu of maintaining a Traffic Engineer on staff. Following that meeting, a Request for Qualifications for transportation consulting services was advertised. Four firms responded to the RFQ. The proposals were reviewed by the City Engineer, the Assistant City Engineer, the Deputy Director of Public Utilities, the Director of Planning and Zoning, and the Principal Planner. Based upon the results of the review, the firms were ranked as follows: 1- David Plummer and Associates 2. McMahon and Associates 3. Kimley-Horn 4. Walter H. Keller, Inc. It is recommended that the top two firms be retained to provide services on an as-needed basis. It is anticipated that approximately $15,000 will be expended in the coming year for transportation related services, which will include the review of traffic studies submitted with development requests, preparation of traffic studies related to concurrency issues such as an exemption for the downtown area, and advice on specific transportation issues such as parking, traffic routing, and the like. Having two firms on hand will provide greater flexibility in addressing the various items, and will help to avoid scheduling and other potential conflicts. · ~ City Commission Documentation Transportation Consulting Services Page 2 Funds for the services will come from the unexpended Traffic Engineer salary in the Planning and Zoning budget. In the coming fiscal year, the funds will be included in the budget of the Engineering Department, which will administer the contract. Pending Commission approval, staff will prepare a standard Agreement for Services outlining the general duties and responsibilities for execution by the two firms. Specific duties related to the completion of actual studies and projects will be detailed in Service Authorizations. R E COM MEN D E D ACT ION: By motion, approve the firms of David Plummer and Associates and McMahon and Associates to provide transportation consulting services on an on-going basis. T:CCTRAF.DOC - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf1~ 1 SUBJECT: AGENDA ITEM i ffl3 - MEETING OF MAY 17. 1994 RATIFICATION OF SCRWTD BOARD ACTION/I.B.F.O CONTRACT AGREEMENT DATE: MAY 13, 1994 This is before the Commission to ratify the contract agreement between the South Central Regional Wastewater Treatment and Disposal Board and the International Brotherhood of Firemen & Oilers (I.B.F.O.) Local 1225. The Board approved and ratified the agreement, which will become effective upon ratification by the City of Delray Beach and the City of Boynton Beach in independent session. Recommend approval of the agreement between the SCRWTD Board and the I.B.F. & O. . . -, RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 21, 1994 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 1994, by a vote of 7-0, approve ratification of agreement between South Central Regional Wastewater Treatment and Disposal Board and International Brotherhood of Firemen & Oilers, Local 1225, AFL-CIO, providing an effective date and for other purposes. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby rarified in open session by the City of Boynton Beach this _ day of , _, by a _ vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney The above action is hereby ratified in open session by the City of Delray Beach this _ day of , _, by a _ vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney . RESOLUTIOH 94-] A RESOLUTION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD APPROVING AND RATIFYING THAT CERTAIN AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, LOCAL 1225, AFL-CIO, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS , the PUBLIC EMPLOYEE RELATIONS COMMISSION ( "PERC " ) created by Florida Statute 447, Part II, Chapter 74-100, as certified by LOCAL #l225, the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (the "BOARD" ) has entered into negotiations with INTERNATIONAL BROTHERHOOD OF FIREMEN Ii. OILERS ("IBFO")¡ and WHEREAS, the parties have reached an agreement in the form of Contract attached hereto as Exhibit "Ai" and WHEREAS, the members of the IBFO of Local #1225 ratified the Agreement between South Central Regional Wastewater Treatment and Disposal Board and International Brotherhood of Firemen Ii. Oilers, Local #1225 on April 20, 1994 by the requisite vote. NOW, THEREFORE, BE IT RESOLVED THAT: l. That certain Agreement between South Central Regional Wastewater Treatment and Disposal Board and International Brotherhood of Firemen Ii. Oilers, Local #1225, attached hereto as Exhibit "A" is hereby approved and ratified by the South Central Regional Wastewater Treatment and Disposal Board. 2. This Resolution shall become effective upon passage, ratification by the City of Delray Beach and City of Boynton Beach in independent session and upon full execution by both parties. RESOLVED this 21st day of April, 1994. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD By: ;:~" i! ,/ ð/~-<¡<-,Id I , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ'1/¡ SUBJECT: AGENDA ITEM # ~F - MEETING OF MAY 17. 1994 RATIFICATION OF SCRWTD BOARD ACTION/J.J. KIRLIN, INC. CHANGE ORDER DATE: MAY 13, 1994 This is before the Commission to approve increase Change Order No. 1 in the amount of $17,993.00 and to extend completion date 30 days to the J.J. Kirlin, Inc. contract for wastewater system improvements. The original contract was for $1,088,900.00 and for 300 calendar days Substantial Completion. Change Order No. 1 would increase the contract to $1,106,893.00, and extend Substantial/Final Completion to 330 days. Consultant William Pulsford of Camp Dresser & McKee Inc. (CDM) stated that the Change Order (Final/Reconciliation) is a fair and equitable settlement for both parties. Recommend ratification of South Central Regional Wastewater Treatment and Disposal Board action approving Change Order No. 1 in the amount of $17,993.00 increasing J. J . Kirlin contract for the Repair and Replacement Projects Sinking Fund to $1,106,893.00. Final payment due $82,588.00 including retainage. , , RA TIFICA TION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 21, 1994 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 1994, by a vote of 6-1, approve Change Order #1 in the amount of $17,993.00 increasing J.J. Kirlin contract for the Repair and Replacement Projects Sinking Fund to $1,106,893.00. Final Payment due $82,588.00 including retainage. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby rarified in open session by the City of Boynton Beach this _ day of , _, by a _ vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney The above action is hereby ratified in open session by the City of Delray Beach this _ day of , _, by a _ vote. CITY OF DELRA Y BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney . - - ~ ..,. RECEIVED CDM APR 26 1994 CAMP DRESSER & McKEE INC. Ans'd............ environmental engineers. scientists, 1500 N W. 49th Street, Suite 300 planners, & management consultants Post Office Box 9626 Fort Lauderdale, Florida 33310 305776-1731, Fax: 305928-1649 April 25, 1994 , Mr. Robert J. Hagel, P.E. Executive Director South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Oelray Beach, Florida 33445 Subject: South Central Regional Wastewater Treatment and Disposal Board Repair and Replacement Project JJK Project No. 4057 COM Project No. 6171-10 Change Order No.1 - Final Reconciliation Dear Mr. Hagel: Following the recent meeting of the Board, we are writing to provide further clarification regarding Change Order No.1 - Final Reconciliation. During the course of the project the Contractor, John J. Kirlin, Inc. of Florida OJK), submitted claims for the following items: · 36-inch yard piping conflicts · Additional stucco repairs · Excessive rain · Annunciator panel · Additional work in the clarifiers At the closeout of the project COM met with JJK to discuss these claims and arrive at a resolution. During the negotiations with JJK the validity of the claims was discussed together with offsetting credits that arose during the construction process. These offsetting credits included the deletion of additional grout within the clarifiers, reductions in yard pipÍl1g, and reimbursement to the Owner for additional chemicals used during the early operations of the dechlorÍl1ation system. The negotiated resolution to all these items resulted in the reduction of all claims to $0.00, with the exception of the 36-inch yard piping conflicts, for which an additional cost of $10,109.00 is included within the Change Order. The resolution also Íl1cluded allowing JJK a non-compensable time extension of thirty days, meaning that ù1e date for Substantial Completion coincided with the date for Final Completion. In this way the overall contract time for completion was maintained in accordance with the original contract. Printed on recycled paper , · - CAMP DRESSER & McKEE INC. Mr. Robert J. Hagel, P.E. April 25, 1994 Page 2 We believe that the final reconciliation represented by/this Change Order is a fair and equitable settlement for both parties. At the recent meeting of the Board we also discussed the dechlorination facility. CDM is working with the equipment supplier, Hayward Inc., to resolve outstanding problems with the sampling pumps. These problems have arisen because of excessive amounts of air and stringy biological growth in the effluent pipeline. One of the two centrifugal sampling pumps will be changed out for a positive displacement pump; this pump will be provided and installed free of charge. Once this positive displacement pump has been installed/ we are confident that the dechlorination system will operate effectively. CDM will keep you fully infonned as to when the sampling pump will be changed out. If you require additional information or clarification, please do not hesitate to contact us. Very truly yours, WGP /bao File No. 6171-10 cc: bo0641 Printed on recycled paper , CHANGE ORDER AGENDA I T E M -(;,--) (Instructions on reverse side) No. One (1) .-_. Repair· and Replacement Project March 24, 1994 .- PROJECT: DATE OF ISSUANCE: , OWNER: South Central Regional Wastewater Treatment and Disposal Board (Name, 1801 North Congress Avenue Address) Delray Beaéh, FL 33445 I CONTRACTOR: OWNER's Project No. John J. Kirlin, Inc. of F1.Q}:'ida 5430 NW 33 Avenue, Suite 106 ENGINEER: Camp Dresser & McKee Inc. Fort Lauderdale, ~L 33309 CONTRACT FOR: Wastewater System Improveme~ts 6l71-1()" ENGINEER's Project No. You are directed to make the following changes in the Contract Documents. Description: Final and Reconciliation Change Order (see attachments) - Purpose of Change Order: To provide for project closeout in accordance with the Contract Documents. To provide for the formalization of previously issued Work Directives, if any Attachments: (List documents supporting change) A-Item Descriptions; B-Change Order Cost Summary; C-Supporting Documentation List ~ . -- CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: SC-Substantial Completion Original Contract Price Original Contract Time FC-Fina1 Complet ion $ 1,088,900.00 SC=300 cal. days FC=330 cal. days days or date Previous Change Orders No. 0 toNo. 0 Net change from previous Change Orders 0 $ days Contract Price prior to this Change Order .- Contract Time Prior to this Change Order $ 1,088,900.00 5(:=300 FC=330 days or Qte - Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order $ 17,993.00 SC +30 day. - Contract Price with all approved Change Orders Contract Time with all approved Change Orders I $ 1,106,893.00 SC=330 FC=330 . . . . day. or date - -- -. .. - -- .-.... ... .. RECOMMENDED: APPROVED: APPROVED: - bY~~~~\S)&'" ~ by by Own~ ~/3Af/91f-' Robert J. age 1 Coni or ? _ '2..5"A4 ÐCDC No. 1910-8-8 (1983 So.Central Reg.Wastewater Prepared by :I>e Engineers' Joint Contract C«uments Committee and endorsed by The Associated General Contractors of Amenca. ac,nllllt. SIIS , Attachment "A" Item Descriptions South Central Regional Wastewater Treatment and Disposal Board Repair and Replacement Project JJK Project No. 4057 / CDM Project No~ 6171-10 Change. Order No.1 (Final/Reconciliation) Item No. 1 Description: Addition of thirty (30) excusable days to the Substantial Completion (SC) milestone. Pw:pose: Excusable, non-compensable extension to SC that reflects the actual date of SC achieved by the Contractor. This excusable extension was agreed upon as part of the negotiated settlement between the parties to the contract regarding all outstanding issues. Cost: $0.00 ~ "- - - 2 Description: Increase to the Contractor for removing existing drywall - and furnishing and installing new drywall in the laboratory. Purpose: To reimburse the Contractor for providing enhanced wall finishes in the laboratory. Cost: $1,272.00 3 Description: Increase to the Contractor for furnishing and installing revisions to the plumbing in the laboratory. Pux:pose: To reimburse the Contractor for performing additional plumbing work. Cost: $424.00 boO$49 --.--. - , Page 2 4 Description: Increase to the Contractor for furnishing and installing flushing lines for the clarifier drain lines. Pux:pose: To reimbúrse the Contract9r for items beyond the scope of his work. , Qlli: $3,208.00·· 5 Description: Increase to the Contractor for furnishing and installing a backflushing system for the piping to the sample pumps at the dechlorination building. Pux:pose: To reimburse the Contractor for items beyond the scope of his work. Cost: $363.00 6 Description: Increase to the Contractor for furnishing and installing two air release valves on· the 36-inch effluent main. Pux:pose: To reimburse the Contractor for items beyond the scope of his work. Cost: $1,334.00 7 Description: Increase to the Contractor for the difference in cost between 8-inch plug valves and 6-inch plug valves. Pux:pose: To reimburse the Contractor for supplying three 8-inch plug valves in lieu of the three 6-inch plug valves indicated on the contract drawings. Cost: $895.00 I - . ~9 , , · ~ Page 3 8 Description: Increase to the Contractor for conduit and wiring for the relocation of the flow recorder at the Plant. , Put:pose: To reimburse the Contractor for items beyond the scope of his work. ~ $388.00 9 Description: Negotiated settlement between the parties to the Contract representing mutual satisfaction of all claims and time related matters. This negotiated settlement includes reimbursement to the Contractor for additional work performed during the laying of the 36-inch interconnecting pipe between Plant A and Plant B. Purpose: To resolve all outstanding issues related to the Contract. Cost: $10,109.00 ,- - , ~9 , South Central Regional Wastewater Treatment and Disposal Board Repair and Replacement Project JJK Project No. 4057 COM Project No. 6171-10 I Change Order No.1 (Final/Reconciliation) ~N2... Cost 1 $ 0.00 2 1,272.00 3 424.00 4 3,208.00 5 363.00 6 1r334.00 7 895.00 8 388.00 9 10.109.00 Total Cost of Change Order No.1 $17,993.00 This Ch~nge Order includes not only all direct costs of Contractor such as labor, material, job overhead, and profit markup, but also includes any costs for modifications or changes in sequence of work to be performed, delays, rescheduling, disI:Uptions, extended direct overhead or general overhead, acceleration, material or other escalation which includes wages, and other impact costs. baOS49 , . ~ FLORIDA EAST COAST RAILWAY COMPANY ONE MALAGA 8TREET, P. O. BOX 1~8, 8T. AUGUSTINE, FLORIDA 82086-1048 May 17, 1994 File: 317-48 Mrs. Allison MacGregor Hardy City Clerk City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 Dear Mrs. Hardy: It has just come to my attention that a matter is scheduled for consideration at the City Commission meeting tonight that may infer the use of the Railway's right of way for customer parking of the Delray Drive-In Theatre Swap Shop, Inc. This is to advise that under no circumstances has the Railway granted anyone the use of the right of way for such purposes and that we will not permit any such use now or in the future. Sincerely yours, 7?7. CJ· ß---t:¡:; M. o. Bagley, Mana er Industrial Development & Real Estate MOB/ver RECEIVED 6'1¡Q 19q CITY CLERK . · ~~ [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEAÇH, \H?RIDA 334¿4 Wr~t_r _ r_c~ ~n_ FACS\!\!ILE 407/2784755 (407) 243-7090 MEMORANDUM Date: May 10, 1994 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: License/Hold Harmless Agreement for Parking Along Dixie Hiqhway - Florida Drive-In Theatres The License/Hold Harmless Agreement is to be entered into by the City and Florida Drive-In Theatres. The agreement grants the Licensee the right to use the right-of-way along Dixie Highway from N.E. 14th Street to the north City limit. In return for the license, the Licensee shall indemnify and hold the City harmless for any damages occurring as a result of the use of the right-of-way for parking. The Licensee is also required to maintain the property free of litter and debris, and to provide required insurance. Please call if you have any questions. DNT:smk Attachment cc: David Harden, City Manager Sharon Morgan, City Clerk's Office driveinl. dnt ¡(IP ~ ;¿ .~? ~~cy . ~ ~ ó Cøv~ +iÞ <3G , · LICENSE AND HOLD HARMLESS AGREEMENT THIS LICENSE AGREEMENT is made this day of , 1994 between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as City) and FLORIDA DRIVE-IN THEATRES, INC. , a Florida corporation, (hereinafter referred to as Licensee). WIT N E SSE T H: WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to authorize the Licensee to use a certain publicly dedicated right-of-way; and, WHEREAS, the Licensee is desirous of constructing certain improvements on a portion of said right-of-way. NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Incorporation. The recitations set forth above are incorporated herein. 2. License Agreement - Licensed Premises. The City grants to Licensee permission to use the publicly dedicated right-of-way of the City along Dixie Highway from N.E. 4th Street to the north City limit (hereinafter referred to as the licensed premises or the subject property) . The intention of the parties is to create a license only. 3. Term of License. This Agreement shall extend for a period of twenty-five (25) years from the date of this , · Agreement and shall automatically renew for successive additional one ( 1 ) year periods thereafter unless either party gives notice of its intent not to renew sixty (60) days prior to the expiration of the twenty-five (25) year term or one year automatic renewal terms, unless the agreement is cancelled, or terminated as provided herein. 4 . Use of Licensed Premises. The Licensee may use the above described property for the following purposes: Installation, maintenance, and use of improvements associated with automobile parking installed within the publicly dedicated right-of-way, including guardrails, parking stops, sidewalks, and walkways. 5 . Conditions of Use. The City's permission to use the licensed premises is subject to the following conditions: (a) Any and all other purposes and uses consistent with the foregoing purposes and uses as referenced in Paragraph 4 above, or ancillary to such purposes and uses may be permit- ted only upon further written consent by the City. (b) All improvements proposed by the Licensee and as referred to in Paragraph 4 and any other improvements proposed shall be constructed by the Licensee provided; however, that the City also retains the right to make and construct improve- ments to the licensed premises during the term of this license agreement. The City shall use its best efforts to not disturb improvements made by Licensee or interfere with the rights granted to Licensee hereunder. 2 , . (c) The Licensee shall maintain and keep in good and proper repair all improvements to the licensed premises made by Licensee at its sole cost and expense, with no cost to the City. The Licensee shall keep the entire licensed premises free of litter and debris, and in a neat and orderly condition. The Licensee understands that any improvements made by the City to the public utilities, road surface or any other improvements made by the City which cause improvements placed on the premises by Licensee to be altered or damaged will result in no liability or cost to the City for such alteration or damage, and all costs of repair of the improvements originally made by the Licensee will be at Licensee's sole cost and expense. The City shall use its best efforts to not alter or damage any improvements placed on the licensed premises by License and shall attempt to minimize damage to the improvements. Should the Licensee fail to initiate repairs or to maintain its improvements thereon in a neat and orderly condition and in proper repair, or fail to keep the entire licensed premises free of litter and debris and maintained in a neat and orderly condition, the City may provide Licensee with notice thereof and should Licensee fail to initiate corrections within thirty (30) days of such notice, the City may make the repairs or corrections at the Licensee's sole expense. Further, if the City provides the Licensee with notice of a deficiency and the Licensee fails to initiate corrections within thirty (30) days of such notice, the City may terminate the agreement. All corrections must be made within a reasonable time. 3 . . 6 . Subject to Easements and Other Rights. Permis- sion for the Licensee to use the licensed premises is subject to all other licenses, easements and rights of record and any and all other rights asserted to the subject property. 7 . Indemnification. In consideration for the payment of $10.00, receipt of which is hereby acknowledged, the Licensee for himself, heirs, personal representatives, successors, and assigns agrees that it shall release, defend, indemnify and hold harmless the City, its officers, agents and employees for any and all liability, judgments, costs, damages and expenses which may accrue against, be charged to, or recovered against the City or the Licensee by any person, guest, invitee or any person or legal entity whatsoever as a result of the Licensee's use of said property which shall include, but not be limited to premises liability, property damage and personal injury. Notwithstanding, anything contained herein to the contrary, Licensee shall have no obligation to defend, indemnify and hold harmless the City as to any liability arising cut of or in connection with damages which are caused solely by torts committed by City. 8 . Access to Licensed Premises. The City shall have access to the property at all times, and the public shall have the right of ingress and egress through the property. The Licensee agrees that none of its activities on the licensed premises will unnecessarily obstruct or otherwise disturb the thru traffic along Dixie Highway, as long as this license is in effect. 4 . . . 9 . Non-interference with Utilities and Florida East Coast Railway. The Licensee shall not utilize the property in such a manner as to interfere with the maintenance of any public utilities or maintenance of the right-of-way, or any interest of the Florida East Coast Railway. 10. Insurance. Licensee, and its tenant, shall purchase and maintain insurance providing liability coverage on the licensed premises on an occurrence basis during the term of this agreement as outlined below: (a) Comprehensive General Liability or Commercial General Liability Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy or Commercial General Liability Police filed by the Insurance Services Office, and must include: 1. Minimum Limits of total coverage shall be [$1,000,000.00] per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, the basic policy to be in said form with any excess coverage (and the carrier) to be accept- able to the City. 2. Premises and/or Operations. 3 . Products and/or Completed Operations. Licensee shall maintain in force until at least three ( 3 ) years after completion of all services required under the agreement, coverage for products and completed operations, including Broad Form Property Damage. 5 . . . 4. Broad Form Property Damage including Completed Operations. 5. Broad Form Contractual Coverage applicable to this specific agreement, including any hold harmless and/or indemnification agreement. 11. Work Approved by City. All work on the licensed premises shall be approved by the City's Engineering Department. 12. Cancellation by City. The occurrence of any of the following shall cause this Agreement to be automatically terminated: (a) Institution of proceedings in voluntary bank- ruptcy by the Licensee. (b) Institution of proceedings in involuntary bankruptcy against the Licensee if such proceedings lead to adjudication of bankruptcy and the Licensee fails within ninety (90 ) days to have such adjudication reversed. 13. Title to Improvements. Title to all permanent improvements made and constructed on the licensed premises during the term of the License Agreement shall remain and shall be the property of the City; however, the City reserves the right to have Licensee remove any and all permanent improve- ments upon the expiration, cancellation or termination of this license, with no cost to the City. 14. Modifications in Writing. No modification to the License Agreement shall be effective, unless in writing and signed by both of the parties hereto. 6 , . 15. Assignment. The Licensee may not sub-license any portion of the property to any person or corporation or other entity without the prior written approval of the City, and any such sub-license or other arrangement shall be in writing and expressly be subject to all the terms and conditions of this License Agreement and shall conform to all applicable laws, ordinances, and regulations. 16. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior, verbal or written Agreements between the parties with respect thereto. 17. No Waiver. That no assent, express or implied, by the either party to any breach of this Agreement shall be deemed to be a waiver of any succeeding breach of the same or other covenants. 18. Jurisdiction. Any disputes between the Licensee and the City shall be governed by the laws of Florida with venue in Palm Beach County Florida. 19. No Warranties. The City makes no warranties, guarantees or assurances regarding the City's rights or interest in the subject property. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed as of the date first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor 7 . . . Approved as to Form and Legal Sufficiency: City Attorney LICENSEE: FLORIDA DRIVE-IN THEATRES, INC. , a Florida corporation By: Witness Witness STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of , 1994 by , as of , a Florida corporation organized under the laws of the State of Florida, on behalf of the corporation who is personally known to me or who has produced as identi- fication and did/did not take an oath. Signature of Person Taking Acknowledgment Name of Acknowledge Typed, Printed or Stamped drivein.agt 05/05/94 8 . . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS , FROM: CITY MANAGER t,,,,,\ SUBJECT: AGENDA ITEM # <6 H - MEETING OF MAY 17. 1994 FINAL PAYMENT/ MCCOY IRRIGATION DATE: MAY 13, 1994 This is before the Commission to approve final payment in the amount of $410 to McCoy Irrigation for completion of their work at the Tennis Center Phase II project. Recommend approval of final payment to McCoy Irrigation, with funding from Tennis Center (Account No. 334-4145-572-63.42) . . > Agenda Item No. ?fH AGENDA REQUEST Date: May 10, 1994 Request to be placed on: X Regular Agenda -- -- Special Agenda Workshop Agenda When: May 17, 1994 Description of item (who, what, where, how much): Staff reauests City commission aDDrove final Davment to the contract with Mc Coy Irriaation for their work at the Tennis Center Phase II Droiect. The work has been comDleted to the satisfaction of the contract and city reauirements. The final Davment amount is for $ 410.00. Fundina is available in the aeneral construction fund. tennis center account # 334-4145-572-63042. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff requests aDDroval of final Davment to Mc COY Irriaation in the amount of $410.00. Department head signature: ~~ø ·~!(f,r Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): ./"""-, Funding available:~/NO Funding alternative (if applicable) AccountNo. &DeS~iPtion~-'tI4S:: -é?7c~' (;3-42/ 1£JI¡J/~-PJf 1L Account Balance. } 70/4-. ~ City Manager Review: ~ {f7'- . \ Approved for agenda: YE ¡NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9342\agend517 . , ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: William H. Greenwood ~~ Director of Environmental Services Date: May 10, 1994 Subject: Agenda Request, Delray Beach Tennis Center - Phase II Final Payment to Mc Coy Irrigation Project No. 93-42 . . . . . . . . . . . . · · · · · · · · · · · · · · · . . . . . . Staff requests City commission approve the final payment to the contract with Mc Coy Irrigation for their work at the Delray Beach Tennis Center, phase II. The work has been completed and reviewed to the satisfaction of the contract documents and staff. As indicated on the attached request for payment, the cost associated with contract are as follows: Original Contract Sum · · · · · · · · · · · $ 4,100.00 Previous Billing . · · · · · · · · · · · · · · · $ 3,690.00 Current Request . · · · · · · · · · · · · · · · $ 410.00 Total this Request (final) · · · · · · · · · · · $ 410.00 Staff recommends approval of final payment to Mc Coy Irrigation in the amount of $ 410.00. Funding is available in the General Construction Fund, Tennis Center Account number 334-4145-572-63.42. attachment cc: José Aguila File: Project No. 93-42 (D) \ESD\9342\CMM517Mc . . ., .. .. -. 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""t1m,::lm Ç) ;:>;J\:I~z (") ~ ÕO Q;2ÕL .... õ mõzc :J .---.---.--- --.-- - - -'. qoo~ '" -.........---------- - -- - ~- ~-- ---- --- -- - -- --_. ..;--- - - ---.----- ._---. - () 0 0 t ò:;: Z-1~g:: :J 0 Q OOm;:>;J ,1) .. .. .. .. -- ------- - < __n_._.__ ~ '" --I f.J,J (þ r.¡0:s. ." a I~): :¡: (þ 0~~ IP1 v n '" ^' m )J ,~ () '/ ~ Q j. ~ " ~ ro, - <.Q e . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS I- II FROM: CITY MANAGER {}/ SUBJECT: AGENDA ITEM ~ ~ Jr - MEETING OF MAY 17. 1994 REOUEST FOR REIMBURSEMENT/COMMUNITY REDEVELOPMENT AGENCY DATE: MAY 13, 1994 This is before the Commission to authorize reimbursement of $34,753 to the Community Redevelopment Agency for costs regarding the water main upgrade in conjunction with reconstruction of Banker's Row (N.E. 1st Avenue from 2nd Street to 3rd Street). The original contract price was $34,345. The difference resulted from field measured quantities of materials installed. Funding is achieved with a budget transfer from Renewal and Replacement Project Reserve (Account No. 442-5178- 536-99.01) to Water Distribution Improvement (Account No. 441-5178-536-61.78). Recommend approval of reimbursement to the Community Redevelop- ment Agency in the amount of $34,753. ~ C5ìÎ ~ I I . Agenda Item No. ~¿I AGENDA REOUEST Date: 05/03/94 Request to be placed on: XX Regular Agenda special Agenda Workshop Agenda When: 05/17/94 Description of item (who, what, where, how much): Staff requests Commission approval of payment to CRA in the amount of $34,753.00 for reimbursement for cost of water main upgrade on Bankers Row (NE 1st Ave. - 2nd st to 3rd st.) per tri-partite agreement between City, CRA & Bankers Row Homeowners' Association. Contract amount was $34,345.00 with difference resulting from final installed quantity measure. Funding is from Account #442-5178-536-61.78, R&R Water Distribution Improvements (Budget Transfer Attached) . ORDINANCE/RESOLUTION REQUIRED: J~_/NO DRAFT ATTACHED J~_/NO Recommendation: Staff recommends approval of reimbursement to CRA. DEPARTMENT READ SIGlfATURE. tftJ~fiJa~ ví/f4 ()lf$ Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): fJ Funding available E 1NO Funding alt;ernat:i ve · . (i,.f, a'p l~.fal?~.e,) . fl ". ._ Account No. , De~'71Pqi0J1£t-4,A -b//Õ-P5_1V,.tl1-{)/ uaìJl (.T r-.,t:.,':ÆK.~VE Account Balance " .' ,g). t City Manager Review: Approved for agenda: ¡fÉS/NO f ¡' Hold until: l:. ' , Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved , MEMORANDUM TO: David T. Harden City Manager P.E.~ FROM: Richard C. Hasko, Deputy Director of Public utilities SUBJECT: CRA REIMBURSEMENT - BANKERS ROW DATE: May 3, 1993 Attached is an agenda request and a copy of a request for payment from the CRA for reimbursement of costs regarding the water main upgrade construction in conjunction with the reconstruction of Bankers Row (N.E. 1st Ave. - 2nd st. to 3rd st.). This request is in accordance with a tri-partite agreement between the City, CRA & Bankers Row Home Owners Association. The reimbursement is in the amount of $34,753.00. The original contract price is $34,345.00 with the difference resulting from field measured quantities of materials installed. Funding for this expenditure is from account #442-5178-536-61.78, R&R Water Distribution Improvements (budget transfer attached). RCH: jem cc: William H. Greenwood, Director of Env. svcs. file: CRA - Bankers Row , . -CD Community Redevelopment -a Agency -,,' Delray Beach ~')J j / "' ",'.,<.., \c:' . -.p.. í':; ,ÀÞrll 4i.; 99~¿ / . '.¡) - / . , ) ,~~....~ - Ralph Hayden, P.E., City Engineer .) / \ City of Delray Beach - .. ~_.... 434 S. Swinton Avenue , .. -' , . ? Delray Beach, Florida 33444 .0 RE: Bankers Row Project Dear Ralph: Pursuant to the tri-partite agreement between the CRA, the City and the Bankers Row Homeowners' Association, the City has agreed to pay for construction of the water system improvements in the Bankers Row Project. The purpose of this letter is to request that the City reimburse the CRA for these improvements which are now completed. The following table is a breakdown of the water system elements with estimated and actual quanities and costs of the improvements. .. ..... .. Descriptiob Estimated AduaJ Unit Total Quabtity Qoaatity Cost Cost .... ...... ... 24. 8" DIP, Class 52 - Includes Fittings 700 L.F. 675 L.F. $26.00 $17,550.00 24a. Change (60 LF) of 8" DIP, Class 52 to 60 L.F. $5.20 $320.00 Gass 54 (additional) 25. 6" DIP, Class 52 - Includes Fittings 10 L.F. 10 $17.00 $170.00 26. F. Hydrant Assembly - Includes 6" valve 2 3 $1,935.00 $5,805.00 27. 16" x 8" Tapping Sleeve & Valve 1 1 $3,750.00 $3,750.00 28. 6" x 6" Tapping Sleeve & Valve 1 1 $1,385.00 $1,385.00 29. 8" Gate Valve 4 3 $465.00 $1,395.00 30. 6" Gate Valve 1 1 $340.00 $340.00 31. 1" Service Line Tap - Main to Meter Box 18 12 $265.00 $3,180,00 31a Change (6) service line taps to double 6 $143.00 $858.00 service taps (additional) Water Maib Improvement Totals $34,753.00 207 E. Atlantic Avenue, Delray Beach. FL 33444 (407) 276-8640 / Fax (407) 276-8558 , . . Page 2 Ralph Hayden April 4, 1994 Note that the two change items are per the City's request as was the additional fire hydrant assembly which repaced an old hydrant on N.E,.2nd street. I believe that Dick Hasko is aware of these changes. Please remit the total of $34,753.00, made payable to Tbe Community Redevelopment Agency of Delray Beach. If you have any questions, please call me as soon as possible. Very Truly Yours, ~{L~ Ronald R. Hoggard, Jr., A.I.C.P. Redevelopment Planner , . 12/27/93 ~:08 tt407 243 3774 C I TV /DELRA V BCH. ...... D. B. ENCINEERINC IaJ 001 -ro·: DA N 2AiTý . PROM: ß~qr;+o /:;;.. /~ 7/93 TRI·PARTITE A(,RItEMENT FOR THE DEVELOPMENT OF B.R.H.A., INC. Tbi!; Tri-Partite Agreelnent for the Developmcl't of Bankcn' Row, hcn:ioa!ter referred to iü the' Agreement," i:. made aDd entered ¡ntu lhi!; !jth day of July , 1992, by and between the cn".,. OF DELRA Y BEACH, a InuDicipal corporatioø, bereinafter referred tu II!; the "CITY; the COMMl'NITY RF..DRVELOPMENT AGENCY OF THE CITY OF DELR,AY 8EACH, 110 entity created pUIsuaDl lu Chaptcr lCd, t'lorida Statutes, bereinafter rderred to as the "CRA,~ and B.R,H.A" INC" A NONPROFIT CORPORATION, hereioaher rderred to as "SRI'IA: WIT N E SSE T H: WHRREAS, the partie~ hereto ¡irC desirous of joining w&cther and participating in tbe mutual redevelopment. and impruvcmc 01 of the :!.trect aoLl in rrit· slructurc fur Northeast ""irst A vc;nue bet ween Northeast Secood Street and Nortbea,;t Third Strect; II.Dd WHEREAS, such infra·Mruc.:lure is to include tbe upgrading and ifDprovement of tbe w.tcr :-;yst.:m (b~rcinafter referrt:d 10 as "Water Sy~telu ImprovemeDt'), draiollge s)'stem, pa\'in¡, sidewalks, and streclscal,e landscapiøg, !'olteel lighting and !'oignage (tbe "Street Improvements") íU wcJl as the design, conlltruction, IIJ.Dd!lcaping and signlJ.gc wilhin the public purkiD8 lot on LoU I aDd 2, JobQ B, Currie Subdivi!\ion, as recorded in Pial Book :B, Page 196. of the Public Recurds of Palm Beach County, Floridli, hereinafter rdcrrcd tn as the '''<irking Lot Impruvc;meDIS¡" and WHEREAS, each of 1ht" parties heretn are desirous u( identi fyiog the roles Ihat each will play in !luch redevelopment project as well as their rc!;pcctive financial responsibility and contribution!i therefor. NOW, THB1tRFORE, in consideration of the mutual CUVcnanls and p'ulniloes hereio cOlltaìacJ the parties bereby agree as follow,;; 1. ScoDe 0' Work. Tbe parlie!\ hereto «:uDtemplate tbal the Project shall consist of tbree primary componcnts, i.e. tht: ~Street Impruvcmeots,' tbe "Parkiog Lut Improvcm\:Qls," and the "Waler System ImprovemcDt!;. " Elich of said cornpODCal!i shall include two primary C~/TRIP~.AQft/6-29-'2 , ¡2/27/93 12:09 'ð'407 243 3774 CITY /DELRA Y BCH. ...... D. B. ENGINEERING IaJ 002 . subcomponents, i.e. (i)design, I,;ngincerin8 aDd planning, and (ii)coD~truc:tiuD, Subject to tbe ter..:. of thili Agrecmènt, the parties hereto hereby agree tbat their lespecti ye ohligation fur participation in the paymenl fur each such cornpODcnt iind t.ubC"ornponent uf the Work is itS Sl!t furth in Exhihit "A" artachcd bereto aad made a part hereof. Notwithstanding the rctfuiremcnt. fir chi, A¡reCIUC'11 hcrciDatfter set furth fur eat;h uf the rl,.~spectiYè parties to pay for portiuDs of tbe work as such expenses are inc.urred, at the conclusion of the Project, the partic!> !>hall recundle their rOipccti\'c contributiOM and ob1igltioDr4 for payrnc:nt ill aç\:orduncc with lhc:ir rc!>pccli ye perccntitlc 0 f participøtioø for tbe Pruject liS Sl~t furth iD tbe itbuye referred 10 ExhihÎl "A." 2. Pest.... En.alneeriDII lad PIIIIDIDI Pha,. A. SUe plalllllb' . Tbe CITY, tbroulb ÌI! PIIP nial aad ZoniDg Departmcnt, wiU prcpare II conceptual sile plan ¡st il~ I.:Xp~"t.C: for the rarkiDS Lot Improvemcols iiB\! the Street Improvements within lS dayl'i from the date of thÎ!; Agreement. The subjcct sitc plaD shall be subject to the review iind approval of all o( Ihe panics hereto. B, Co.~ltl9DII Use ADDro"a" The CITY, at its expcase. shaD obtaio conditional Us~~ "pproYli1 unuer tbe exisling OSSHAD /.onina fOf Ih,; pinking lot. Tbc eRA shall obtain permissioD from the currcnl propCIIY owne" for tbis adiuD. All (ees fur the cundiliunal1Uic shall be waived by the CITY. C. ~I~e PI... A~pro'Y.I. The CITY wi1l prepare aad will prace" for approval the l'iile plan for the parkilsg lot from the lIistoric Prel'icrvation Board ("HPB"), All fees Cor site plu App,oval will be waind by the CITY. D. Ea.tacerin., The BRHA shall cD._se aDd pay for tbe services of it registered professional civil engineer C"EDginecr") to pwYide eDsineerinJ services for tbe Str.et Improvements and Parkiog Lot Improvements. The CITY will reimburse tbe 8RHA for tbe portion of the IiMid cngiDeering expensc/; wniçh have beea incurred wilh relipecl to lhe Water S)'5tcun impruvcmcnts which the CITY shall be respon!iible for. The En&incer and tbe eD&ineerina contract shall be subject to approval uf the BRHA. The EngiQcer shall provide any applicable sur\le~s CRAfrR¡PAa.AGa/6-29-92 2 , 12/27/93 12: 12 tr407 243 3774 CITY /DELRA Y BCH. ...... D. B. ENGINEERING IaI 007 rc:~ujred for tbe impruvements äDd !'Obõdl meet the minimum requiremenl ¡ specified in tbe exbibit auacbed heretu, titled ·Scope' uf Engincering DC!iign ScrviCCb." HRHA will be rClipoAsible lur obtaini.ng appro",.l of anI! paying for aU cngîncerina and !,;unstruuioll plans. Procc5!iilll fees and building permit fees will be waived by the CITY. The CITY will invcliti8ate CnunlY impact fees and cndcil.vur to ubtøin the waiver of such fees, if itn)'. The BRHA will obtain at tbe 80% completiun !itage engìnc:ering drawings il.nd shall !iuhmil same to the CITY. The CITY will at this point pruc;rcd with landscare and irrisatiun planli. In addition, the BRHA will, It such time, provide a cost eltimate to thc CITY for the con5truction 1,,:05t uf the wlltcr main and to the CKA for alJ othcr Wurk. The (;[1'Y and tbe CRA must appruve lhdr rCf.pective COfot!i. B. L.....-=.llC life: b Itecture, Tbe CI'TY sbalJ provide, al hs npnse, landscape architecture und irrigation dC!Ioign ~Cr ...il,,:e~ required fur tbe Project. Such laúdscape urçhÌlcctural plao "hall be uel'ilrt:d io c,unsuhation with the CRA aDd the BRHA. The CITY slaaU obtain all rèquired approvals of such lilnds~ilpL: plan and will waive all fees therefor. 3. P....IrJ.. Lot .\cqql.IJlqq. Tbe eRA lihall. at its CXPCD$C, acquire Lots 1 and 2, John B. Currie Subdivisiun for the con¡.tI'I,1l::liuD of tbe Parking Lot JlI1provcmcnt~. Upon the comptelinn of tbe CODstruction of Itle said '"arking LotlmprovcmCUh., tbe eRA shall convey by (Jl1i!- Claim Deed the 5ubject IHopeJ(y to the CITY and the CITY shall accept fuU responsibility for said prupl.:Tt)' and the QUlintellëAnçc: in perpelu.ity thcrefur. The CRA !ihall be rcspon,ible for tbe paymrnt of all expenses rc1atiøi to the ..cquisilion and construction of tbe said parking lot. The cOD\leya'H:c 10 the CITY shall contain the provÎliioQs fOI leversioD of title in the cycnllbe ¡ame ¡i dispuHd of by the CITY or put to any otber use than that of iI public parking lot wilbotoll the express priDr wriUL:n CCJn!ienL of tbe CRA. 4. ParlLl.. .Lot .maro\,elDeatl. 'Vatu Snle. 1..,rQ"eme.t.. aM. Street ImDro\'e..eah COD8truc:~hU!. The CRA shall provide, and the BRHA sball p.rticipate in the bid<.1ial!lo. rlcgotiötioD and cuntract adminì:ötratiuD. !iervices fur lhe Sueet ImprovcQ\cnts, Watçr Maio and the CRAfTRI)AR.A~/O-29-92 3 , J2/27/93 12: 10 'ð'407 243 3774 CITY /DELRA Y BCH. ...... D. B. ENGINEERING IaI 003 Parking Lot Improvements. The conlract shall be entered into by ~bc CRA aDd the paymenl for ~uth con:>tructîon shall be paid for by the CRA. The CITY sbaU reimburse the CRA for the (:ITY'!,> Water . Syst~m ImprovemcDts conslruclion cost~ within .10 Jays dler lhe final c:oQ1pletion of the Work, The award of tbe cOßF.lruc\inn contract $haU be approvcd by thc CRA and ßRHA, The CRA shaU furtbu provide contracl administl"fttiotl ill \~unsultll.tîon Wilh lhe Engineer. the CITY and the BRHA. Tile <..:RA lihait pU~lli lellcr of guarantee to tne CI'rV to i¡¡liure tbe comrletioa of tbe Work. S. i'1nal-\c:ceataDce. lJpOD completion of tbe I~rujcct, BRHA shall submit to tbe CITY and CRA certification b)' tbe Enginecr of fîn~1 completion jjnd filial emit" including tbe Water Systcm ImprovemenlS fiMI actual costs. The CITY shall make final inspection II.t the request of (:RA, 6, Maiate.Ban. The CITY agrccti lo provide maiDteaaace in perpetuity for tbc Strect Improvements "nd Parking Lot Improvement:\> UI)on ~omplcliun of the! cODstruction. 7. BRH;' ObU,.tiODS. The BRHA agrees to pay tbe CRA tbeir tweDty- five pCT~l;nt (25%) participation of I he costs of lhe dCl'õign and C:ODstrU\:liuD of the Street Improvementli (excluding the Water System ImprovelnJ:rlts anu the: Parkins Lot In1provcmcDtl), IC$5 such SUD1S i!> BRHA shall have paid pursuanllo the e'lginccring c,uDtracI a!i provided for in SeClion 2(D) abovc, in the following manDcr: A. $1,700 UpOD the executioo of this Agreement; B. The balance of the moaîe5 are to be paid to the CRA iD aiDe (9) cqu.1 installments, each installment due on the nrst day of January of each year following the: çomplctioD (If the Wurk. C. The maximum anlouat of coatribution by BRHA "ball be thirly lwu thousand five bundred dollar ¡ ($32,500,00). 8 n.c fir ComDactloD. 1\ i5 cODtemplated tblillbi5 Project will be commenced within fifteen (15) daYti following tbe execulion of tbis Agrccmeat élnd the Prnje(:( c:oD:lpl¡:tcd wilhin one hUDdred ci¡hly (180) dayr. thereafter. CBA/TRIP~.AOR/6-29-92 4 , 12/27/93 12: 10 'C'407 243 3774 CITY /DELRA Y BCH. ...... D. B. ENGINEERING iii 004 9, Arbltratlu. In tbe event an)' disputes ari!ic out of tbill Agreement, tbe parties agree to submit sl,1cb disputcs to binding arhitratiulI in ¡he CilY (If Pc!ra)' Bcacb, f'1oridu, puuuant [0 ¡he rules of the American Arhiträlion A§ ',ociälion, CITY 0...· D":I.RA Y BEACH æ' . é" , '. /" B .,1 .~ . ~_ .....,?:.... . , . ATTEST: , By: o L'11fJr) 'frb~, ;11 ~n J-!rt¡/;¡ , City Cler ' Approved alii to Corm: BY:~~~ .. ~~CitY Attorney WITNESSBS: DELRAY ÐEACH COMMUNITY REDHVELOPMEN.JAOENCY _ ,: ...".........", . ,#I--~' K(((~ ) I T(r' ..r ..' -""- ~ \ j. .,) 1 \ ~ ~..' , By: ~c;..~~_. C~<..-, ~QttL ' ~'t .' ," " Kcvin F.8a~)'., ¡rman , I..(J.L r .L..\~ !..L.I. ,,{!., B.R.M.A., INC. / ¿ / . k~ (61 ~~ ') , I (/;' 'JI u a... '1.,Jt ¡..."L. By: ..---{. . /¿. 'r' ¿.¡/ , PrCAÎdeDt :. - ", r '7")) ~~ d,( . CaA/~IPAR.AGR/6-29-9Z 5 ·12/?7/93 12: 11 e407 243 3774 CITY/ÐELRAY BCH. --- Ð.B. ENGINEERING flJ Ø0S . EXHIBIT 'A' COST ITEM PARTICIPANT ,., PARTICIPATION A. DESIGN ENGINEERING AND PLANNING 1. Water MaiD CITY 100% 2. Slreet Desi Jn eRA 75% BRHA 25% J. Parking Lnl De!ii¡n CRA 100% - 4. Land5çape Arcbilecturc CITY 100% 5. Conceptual Site: rlan CI1'V 100% 8, CONSTRUCTION 1. Waler MaiD CITY 1009ó .' 2, Curb, gutler, paving and CRA 75% draina'f: in 51 reet BRHA 25% 3, Sidewalk CRA 75% 8RHA 25% 4. Landscaping. street ligbb. CRA 7~% 5ign8ge in street BRHA 2'% 5. Parkinllot pnin&, drainage, CRA 1000/0 landscaping. !ilrcc:l 1ighu and sigaage C~/~IPAR.~/b-29-92 6 " , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {Î"'! SUBJECT: AGENDA ITEM it F' If - MEETING OF MAY 17. 1994 APPLICATION FOR ISTEA GRANT/SEABOARD AIR LINE RAILWAY STATION SITE DA TE : MAY 13, 1994 This item is before the Commission to approve completing the application process to the Metropolitan Planning Organization for the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Grant for a center at the Seaboard Air Line Railway Station Site. It is expected that this project will be in the $1 million to $1,250,000.00 range. Funding ratios are 80 percent Federal and 20 percent other funds. The Florida Department of Transportation will provide no more than one-half of the non-Federal share. Local share will probably be 10 or 20 percent of the total project cost. Recommend submission of application to the Metropolitan Planning Organization for the ISTEA grant. . , Agenda Item No. ~J"" AGENDA REQUEST Date: May 11, 1994 Request to be placed on: X Regular Agenda -- -- Special Agenda Workshop Agenda When: May 17, 1994 Description of item (who, what, where, how much) : Staff reauests city Commission authorize staff to make application to the Metropolitan Plannina Oraanization for Federal ISTEA Enhancement Funds for development of a Intermodal Center at the Seaboard Air Line Railway station site. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff reauest a positive motion bv the city Commission to pursue Federal Grant Dollars for this proiect. Department head signature: #/JáÝ 11Íf,~~ Determination of Consistency with Comprehensive Plan: ci ty Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: (i'§l/NO tßj;'1 Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9474\agreq517 . , ~ ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: William H. Greenwood ~~ Director of Environmental Services Date: May 10, 1994 Subject: Agenda request, Transportation Enhancement Project Funding Applications - ISTEA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Metropolitan Planning Organization is soliciting applications for projects to be funded by the Transportation Enhancement Program established by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). The Florida Department of Transportation has authorized the disbursement of approximately $5,000,000.00 in Federal ISTEA funds within the District (Broward, Palm Beach, Martin, st. Lucie and Indian River Counties) that includes Delray Beach. Staff has identified the Seaboard Air Line Railway station project for consideration this year. The project will include, among other aspects, the following: - Acquisition of three lots on West side of track - Acquisition of Historic Building - Development of Multi-modal center including vehicle access, pedestrian access, and Co-tran stop - Restoration of building and tracks in order to use as passenger station as well as tri-rail station - Overall plan for development of the site It is expected that this project will be in the $1,000,000.00 to $1,250,000.00 range and it should be noted that there is a local share associated with this project, but it is only 10% or 20% of the total project cost. Also, the funding will not be available before the FDOT FY 1996-2000. The availability of these funds and the city's ability to provide the necessary applications in a timely manner (May 23, 1994) may result in the City receiving some or all of the funding requested. As you may recall, the City was awarded $900,000.00 for the East Atlantic Beautification project, which will begin construction in April 1995. Staff feels that since this project is a resubmission, that we stand a very good chance of award since we were #21 on last years list (see attached list). , . .. Staff request City Commission authorize staff to make application for the available ISTEA funds necessary to be used on this project. Attachment cc: José Aguila Joe Safford Ralph Hayden File: 94-74 CD) \ESD\9474\CCmem517 . - P - Fid".I: PALM BEACH COUNTY ENHANCEMENT PROJECTS Stat.: ~':.';~:: .nl"." I WPINU. PR~~JS6:'0' "'GENCY LOCAl. Ors'C~;;:;';ON IPROJ M.P. I EXl 1'110 :~. CONST; PE F~~~~ ~~~LE ... ~ PRJ MGR. N"'ME LEN FROM ~ WI~ LNS LNS COST IS 1'1 T LocI! Pro lct Typo FocØIty "-to<l1 GTH ·TO 11000 1'0001 YR AHO ESTIM... TtD ~ II S No. . -, 4118678 OelflY euch US 1 To SR ...·1·... 900.0 O..;gn 94/95 Construction 0''''8 Ellt Atlandc BlktIPtdestrlln/ 0.0 No L.... Fundo RlquI,od 8' Ø..utlflCltlon ~ '5 2 4128208 Llk, Worth Blk,way . Greenway SVI 228.0 Dulgn 94195 Construetlon 98187 28.5 , 8111.. Pith, Llndlclpfng. ~ Pedestrl." "'''''oed Cronlng '4 7' 285.0 3 4128209 9_ Raton C.neI RJW Bikeway. M,edowa 188.0 Ooolgn 941!15 t;onotructJon 98/97 Pork t\AndSC:OpOl 0.0 '4 84 ~ 3 .0 4 412SZ,0 Lont_ OCMn AVI StrMtKepe 380.0 DooIgn 94/95 ConolructJon 8519. 45.0 3 ·7 ~ 450.0 5 "12SZ II Boco Ralon E-4 ConoI Blto Poth m.O 0001911 94191 ConoIruotlon ../9, 0.0 4 ConoInICt 8 Ft. lito Poth AaphoIt 8" .......-W1. , 115.0 8 412U12 Juno 1_ ~""""'BI__ ',000.0 DooIgn 1419' "ono Julptor C_ 121.0 ZA ConoInICt 8 Ft. P_ 8° ~ ShoIAdora loth S_ 12 ' 210.0 7 4"871 Boco Raton SR...'...II_oy 388.0 ~~~=-":on 91",. 41.1 " .. ~ 4 . . 4128213 ....01.. NoI~ lito. Pod 178.0 DIoign '4191 19 "'VI. G. NW 8 th S. 22.0 'O....IOF 8A NW 8th ., AVI D ~ , 20.0 . 4'2&2'4 Boca Raton E-~ ""'* Blto .. _oIk 2....0 ~=~ ~:'."::.-.."" ~ . .. 8'. Path. Ao IhoIt " O. 10 4128211 Loko Wonh ~-;;..on;:.~ ¡:~- 132. Oeolgn .41118 C...cruoøon ..... 18.1 .... ConoInICt 4 Ft. ~ _0<1 _ 8oth'_ , 72 , 1.0 1 Juno _ Moon WIIoon ..... Blto LN. 223.1 hiM .1> 27. 1 7 . 12 Boca Raton FAU t;onoI RIW "'.. . 111.0 ~ 8n 3'. 10 91. 13 1_ Raton S.R.I. II_OY-\!. of F_ '.0.0 10.0 9 8' ~ 0.0 14 PllIn 1_ MunIdpoI Potk -.., 14.4 GordoN 1.' 9 .0£ ---.H 18. 11 Boca Raton .aX RoIIrGOd RIW .I_oy 12'.0 0.0 8 71 ~ 1 0.0 18 9...1IiI... .R... lI_oy·W. ot_oI 308.0 , -JU I 3 . .. 8 . ) 17 Boco Raton -oy--.. 181.0 -.Hi .. 4. " _S_ ...... '220.0 ---Jìi 08 2 .0 271. 19 pom_ '<JA Ilvd. Ildowolk 17. IConoInICt I Ft. _oIk Gordono 2.2 '4 -.H .0 20 10C8 Reton .W ITH S_Sldowolk 84.8 0.0 7' ~ 10.7 '> 1 DoIIoy - llboeId RIA ltatlon _. &10.0 70.0 " 92 ~ 700.0 22 Ptholtll Phose 2 Ildowolk Im_ont 80.7 ~ 8 ". 100 1 .3 23 :=,- C,..- "'.. llltoIPod 12.0 --J;! 1. 107 11.0 24 OI_ l- - - Londocopo 2'.0 3.1 84 -,H 31. 2 - 10TH "'VE 1"_ 9&.2 11.' B-1 .. ----.i-H -- iûVõiil _ ÎAï<óliiöiõDiiVo IÌlbW¡Y-'--' '.- .- -.--.- _...,--,-- ---- - - -- - -U4:0 ~ . 48. 108 410.0 27 lOCI R8lon J::;;k,~ 104.0 0.0 3 70 --.M 17.0 21 P.1m I.uch Rlvorlldo Of. Pod. Plthwoy 7.2 Ga'_ 0.9 3 103 ~ 9.0 29 RoV.1 PUn S""rrow Orlvl S_lIk 21.0 ellCh -.U .1 3 101 31. 30 41"711 DOT SR 7 Browlrd Co. Line to 427 Conotruot . Foot I_Ilk GOldoe Rold WOOl SIdo SR 7 ---¡p , R WI'1 NO. PROJECT NO. "'GENCY LOCAl. PROJECT PRO M.P. EXIST PROP EXT PRO RIW CDNST. PH"'SE YEARS ... pRJ MGR. SEC·JOI. N...ME DESCRIPTION LEN FROM tM~ WI~ LNS LNS EST. COST FIS F...CILITY POSS'ILE N !Typo Flclllty Rlqulsto<l1 GTH ·TO ( 10001 110001 YR AND EITIM... TEO II . ¥ Olin 0111: F,d.rll: 1,833. , St.t.: 543.1 I I lOCII: ~W Tn.." , - METROPOLITAN PLANNING ORGANIZATION OF Pl \ I I' ~ PALM BEACH COUNTY \~;II· j~'r 160 Australian Avenue Suite 201, West Palm Beach, Florida 33406 Tel (407) 684.417~ ENGINHRING DEF'ARIMENT MEMORANDUM APR 1 2 m~4 /j)l::è\", .tJA}? £::/ ¿",..... "') . ,." i",. . L ''', I "-.( ; TO: Cl. ty Managers ..' I; r,.11/o I /i. . Palm Beach County Adml.nl.strator'//A;;'fl'> ~91 Interested Parties '~t fÌ.... '/'.[' FROM: Randy M. Whitfield, P.EAI 11-1 ./ 'f~:::! . }_ y\ "" V",,-, . Dl.rector _ °A '/ I ~, IL~'I DATE: April 7, 1994 RE: Transportation Enhancement project Funding Applications The Metropolitan Planning Organization is soliciting applications for projects to be funded by the Transportation Enhancement Program established by the Interrnodal Surface Transportation Efficiency Act of 1991 (ISTEA) . Enhancement proj ects are those proj ects or project features that go beyond the facilities and features customarily provided. These funds are administered through the Florida Department of Transportation District Offices. Approximately $5 million has been allocated to District IV for Broward, Palm Beach, Martin, st. Lucie and Indian River counties. No allocations to specific counties are made. The qualifying activities which can be funded with enhancement funds follow. (a) provision of facilities for pedestrians and bicycles. (b) Acquisition of sCénic easements and scenic or historic sites. (c) Scenic or historic highway programs. (d) Landscaping and other scenic beautification. (e) Historic preservation. ( f) Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals). (g) Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails). (h) Control and removal of outdoor advertising. _. ~ r"'I ,.., . ~ ~ . " ,...., "..., t"'-I' I "',..,...,.. -4 "''''' , , Transportation Enhancement Project Funding Applications Memorandum Page - 2 - (i) Archeological planning and research. (j) Mitigation of water pollution due to highway runoff. This is the second year of the Enhancement Program. Those enhancement projects found to be eligible last year but not funded in the FDOT Work Program will still be considered eligible. These projects must be formally resubmitted using the new application forms. All projects require certification of a' project sponsor (municipal, county, state or federal agency) willing to meet the following conditions: (l) provide the required funding match; (2) enter into a maintenance agreement with the Department; and/or (3) support other actions to fully implement the proposed project. Enclosed is a list of the projects submitted last year indicating eligibility and funding status. Funding ratios for enhancement projects are 80% federal and 20% other funds. FDOT will provide the full 20% match for proj ects on federal or state lands. FDOT will provide no more than l/2 of the non-federal share for projects not located on federally or state-owned property. Neither work performed prior to inclusion of the project in the Work Program nor in-kind services may be used for any portion of the matching share. Enclosed in this package is the application form for submission of projects to be considered for enhancement funding. Also included is the criteria for eligibility determinations. Five complete copies of the application and supporting documentation must be submitted. The completed applications must be submitted to the MPO by Mondav. May 23. The MPO will submit the applications to 'FDOT for eligibility assessment by the Department. The MPO will begin the process of ranking eligible projects in priority order in July with the final order submitted in September. The projects submitted this year would be considered for the FDOT FY 1996-2000 Work Program. Should you have any questions, the MPO has scheduled a workshop for Monday, April 25 at 9:00 a.m. in the 5th Floor Conference Room of the Engineering Building at the Hilton Airport Center (160 Australian Avenue). Questions may also be directed to Bil Phillips at the MPO at (407) 684-4170. RMW:dw . , , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tl'1·/! SUBJECT: AGENDA ITEM irK - MEETING OF MAY 17, 1994 INTERLOCAL AGREEMENT/PALM BEACH COUNTY DATE: MAY 13, 1994 This is before the Commission to approve Interlocal Agreement with Palm Beach County for funding of utility relocations on West Atlantic Avenue between Jog Road and Military Trail in conjunction with County project No. 88540A. The current budget estimate for the City's participation is $61,000. Availability of supplemental funding from the High Point Condominium Association for the portion of the construction from which they will receive primary benefit is being researched. Recommend approval of Interlocal Agreement with Palm Beach County for improvements on West Atlantic Avenue. , . Agenda :Item No. 't ¡¿ AGENDA REOUEST Date: 05/09/94 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: 05/17/94 Description of item (who, what, where, how much): Staff requests Commission approval of an Interlocal Agreement with Palm Beach County for funding of utility adjustments to be performed in conjunction with the construction of Improvements to West Atlantic Ave. from Jog Rd. to Military Tr. under County project #88540A (City PN 91-028). The current budget estimate for the City's participation in this project is $61,000.00. Availability of Supplementary funding from the High Point Section II Condominium Association is being researched for application to that portion of the construction (WM extension) from which High Point will receive primary benefit. ORDINANCE/RESOLUTION REQUIRED: 1JJ/NO DRAFT ATTACHED 1JJ/NO Recommendation: Staff recommends approval of an Interlocal Agreement with Palm Beach County for participation in the construction of improvements to West Atlantic~~~g ~. and Mi~tary Tr~ DEPARTMENT HEAD SIGNATURE: . 1ú'r l....)~ .5' Jflf'f' Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives t (if applicable) Account No. 'Description 10/ Account Balance city Manager Review: Approved for agenda: ~ri/NO r-p'l \ Hold until: ~ , Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . . , MEMORANDUM TO: David T. Harden P.E.&I City Manager FROM: Richard C. Hasko, Deputy Director of Public utilities SUBJECT: IMPROVEMENTS TO WEST ATLANTIC AVENUE JOG ROAD TO MILITARY TRAIL; PN: 91-028 DATE: May 9, 1994 Attached is an agenda request with a copy of a proposed Interlocal Agreement with Palm Beach County for funding of utility relocations to be performed in conjunction with the construction of Improvements to West Atlantic Avenue from Jog Road to Military Trail by Palm Beach County under County project #88540A. The current budget estimate for the city's participation (copy attached) is $61,000.00. The availability of supplemental funding from the High Point Condominium Association for the portion of the construction cost (12" WIn extension) from which they will receive primary benefit is currently being researched. RCH: jem c: William H. Greenwood, Director of Env. svcs. Susan Ruby, City Attorney f: 91-028 (D) . . G P:l/l ttoll1.It·-.btóIfM~R 22 '94 08: 54 METRIC ENGINEERJ;N I Fax Transmittal Memo 7872 :'NO.Ot·P., I' .... ....·,;Tõ<ìãÿ.c.¡;,..'·3····-"··- :+q..th' .,... ..-..""....., ífO"',&''''''-''- .~...... "......" ..."........ .....-...."., ...... ··:"iô..ï· . .".."'"...........".,....,~þ,.-t..":...........".,,..._.._....,r' '.._"....:J:c...~D..~"..,lJAS.K.~ .... ..... ....". . ...,.,··,.....EM.!....,.J,.~....lJ:;.',~" .'. .!".. ......: · ,Company f\. Company M 'E ... "I ..... " . . '" '. . ,... Ç.~... oF'....UEL...:I'\~':{... . EI'!J:-J. . ~EAl""'\T""fi5' ,... ,.,,_g:.T~c,.,. .._."...~EE'A:;I:NO':'.... ....: LocallOn Locarlon W ~ 8 I)ep/. ChatQe i ." """. I. ." " .. '" " '.. 1,_ " ."".... . . I" ,.1, _. .. ~ '. ... .. ..... . ~.... , ,. It I' " ... -I.. I Fall f1 . T....pho... i1 ".11" ~ Q _phone (I / d 0 ~,....". . '-~ct:l-.Z~_-:>.~73.l'-:{..'. . 1--z.'f3.-:.73.~ .. ~i.,/ð-277"3, . . '-PoB- 0 .~ . . Comma~r~." ".. ..... .......... '..... ,.. .. g~P'2~~on: . OOa.11Oy q.A~lUtn qCalII"'.pk:lwP..,.. : ': .... .£;M$;:;:'HDZß..~. ...~~.. ... tE~~-:n!- A.~... ({~\)E:.~-r~. ..!. ... ...., "'-:-:-î··,·~Q-')···~·~~_..· ...t-:+a:\IE.. .. AN't ...,.Q\,,)e.s.~OÑ~... .O£. ...~ŒGd) .\' AD.QI!-".. """. N.£O.... .~~S£..",..<;::..&L..I-..,... " ". . ,.... I ." - . - ......_.... . . '-'-_..... __.... .___ I , i I _ .' .............. __....... .... f \ I I i ! BNOINEER·S COST ESTIMATE i CITY OF DELRA Y BEACH UTILITIES : WEST ATLANTIC AVENUE ' WATER & SEWER ADJUSTMENTS I (MARKLAND ROAD TO MILITARY TRAIL) I I I OATH: MAY 26, 1m DELRAY BEACH PR.OJECT NO. 91-028.1 I' PALM BEACH COUNTY PROJECT NO. 88-S40A W I ' TOTAL DESCRIPTION !.l1iIT UNIT PRICE QUANT. \ AMOUNT 12" I>.!.P. WM (CLASS 52) LF $36.00 702' I $25,272.00 6" D.I.P. WM (CLASS 53) LP $27.00 26 $702.00 4" D.I.P. PM (CLASS S3 POLY-LINBD) LF . $32.00 320 ; $10.240.00 I 12" BUTI'ERFLY VALVE & BOX SA $1,200.00 2 i $2.400.00 6" GATH VALVE &, BOX EA SSOO.oo 3 ¡ $J,590.00 6" CUT-IN VALVE &, BOX BA $3,000.00 1 I $3,000,00 12" D.I.P. PLUG EA $400,00 1 i S4OO.00 12" D..t.P. PLUG W/2" BLOW-OFP EA $700.00 1 \ $700.00 6" X 6" TAPPING TEE BA $2,000.00 1 $2,000.00 6" D.I.P. PLUG EA " $300.00 1 S3OO.00 SAMPLB POINTS EA $150.00 4 I SCiOO.OO PIka HYDRANT ASSEMBLY BA $1,500.00 1 \ $l,SOO.OO RELOCATE EXISTING PIkE HYDRANT SA $700.00 1 $700.00 12" PVC WM RBMOVAL '" DISPOSAL LF $6.00 720 I $4,320.00 6" pve PM RBMOV AL '" DISPOSAL L.F $5.00 4ð : $230.00 4" PVC PM REMOVAL&. DISPOSAL LP $5.00 310 $1,550.00 I SUBTOTAL i SS5.414.00 I . 10," CONTINGENCY I $.5,$41.40 TOTAL· r S60,955.40 I I. , , AGREEMENT BETWEEN THB CITY OP DELRAY BEACH AND PALM BEACH COUNTY, PLORIDA POR JOINT PROJECT PARTICIPATION IN CONSTRUCTION POR WEST ATLANTIC AVENUB PROM JOG ROAD TO MILITARY TRAIL PALM BEACH COUNTY, PLORIDA PALM BEACH COUNTY PROJECT NO. 88540 A THIS AGRBBKBBT, made and entered into this day of 19_, by and between the COUNTY OP PALM BEACH, a political subdivision of the State of Plorida, hereinafter <, called and referred to as the "COUNTY" and the CITY OF DELRAY BEACH, a municipality in the State of Plorida, hereinafter called and referred to as the "CITY", I . I ~ . B S S B ~ H : I 'WBBRBU , the CITY and the COUNTY are authorized to enter into this agreement pursuant to section 163.01, Florida Statutes, as amended, which permits 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 'WBBRBU, the COUNTY has caused to be prepared roadway construction plans and specifications for improving West Atlantic Avenue from Jog Road to Military Trail; and 'WBBRBU , the CITY has caused to be prepared utility construction plans and specifications for the removal, replacement and adjustments of the water and sewer lines for the aforementioned portion of West Atlantio Avenue from the LWDD E-3 Canal to Military Trail, which will serve portions of its service area; and " 'WBBRBU, both CITY and the COUNTY declare that it is in the public interest that the utility removal, replacement and adjustments of the water and sewer lines be constructed with the aforementioned west Atlantic Avenue from Jog Road to Military Trail improvements; and 1 '. . . . CXft 0.. DBLRAY BHACK WBBBBAS, the CITY has budgeted funds for the utility removal, replacement and adjustments of the water and sewer lines along the authorized service section of West Atlantic Avenue from the LWDD B-3 Canal to Military Trail; and WBBBBAS, the CITY is desirous of funding the costs for the utility removal, replacement and adjustments of the water . and sewer lines which would benefit the CITY; and WBBBBAS , the CITY will perform all inspections, testing and certifications required for the utility removal, replacement and adjustments of the water and sewer lines to insure compliance with their specifications and permits; f BOW, TJlBRBI'ORB, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The recitals set forth above are hereby adopted and incorporated in this agreement. 2. The COUNTY agrees to: A. Advertise for bids, submit bids to the CITY for review, and award a contract for the improvements for West Atlantic Avenue from Jog Road to Military for the utility removal, replacement and adjustments of the water and sewer lines which are to be owned by the CITY. I' B. Administer the above contract and administer the funds in accordance with this Agreement. C. supply the CITY with a contract audit in accordance with standard accounting procedures which reflects total, final costs of the utility 2 · . cJ:n 01' DBLRAY BDCK removal, replacement and adjustment of the water and sewer lines, upon completion of this project. D. To the extent the County is charged with design for the roadway construction plans of the project, the COUNTY agrees to be responsible for " any and all liability with regard to its performance of the requirements of this agreement. 3. The CJ:TY agrees to: A. Use a profes~ional engineer selected by the CJ:TY to prepare design plans for the utility removal, replacement and adjustments of the water and sewer lines and obtain all necessary permits for the project. B. Pay the costs of engineering services to accomplish design plans for the utility removal, replacement and adjustments of the water and sewer lines for the project. C. Provide or cause to be performed all inspection services for the utility removal, replacement and adjustments of the water and sewer lines during construction and final certification for the aforementioned utility removal, replacement and adjustments of 'the water and sewer lines. D. To the extent that the CITY is charged with design for the utility removal, replacement and adjustments of the water and sewer lines of the project, the CJ:TY agrees to be responsible for .any and all liability with regard to its 3 , CITY O~ DBLUY BDCK performance of the requirements of this agreement. E. To contribute and to forward to the COUNTY the funding for the actual costs of utility removal, replacement and adjustment of the water and sewer lines. contributions and fundinq for the ", cost of such removal, replacement and adjustments shall be paid by the CITY as such costs accrue with total payments not to exceed 95% of the actual costs prior to the City's acceptance. The acceptance by the CITY and 5% final payment can not exceed 30 days after a bill for sam~ has been sent by the COUNTY to the CITY. 4. Both the COUNTY and the CITY agree to pay to the other such funds as are indicated in the final audit set forth in Paragraph 2 (C) above, which will balance accounts between the parties. 5. This Agreement shall be executed in triplicate and the COUNTY shall retain two (2) and the CITY shall retain one (1) copy. All shall be considered an original. 6. Any and all notices required or permitted to be given hereunder shall be deemed received five (5) days after same are deposited in u.s. Mail sent via certified mail, return receipt reqùested. All notices to the CITY shall be sent to: City of Delray Beach 434 South swinton Avenue Delray Beach, FL 33444 ATTN: Mr. Richard Basko, P.E. Director of Public utilities 4 , C:ITY OF DBLRAY BUCH All notices to the COUNTY shall be sent to: George T. Webb, P.B., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416 ATTN: Roadway production :I. W:ITBBSS WBBBBOF, the county of Palm Beach, Florida has . . caused this Agreement to be signed by the Chairman of the Board of county commissioners and the seal of said Board to be affixed I hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the CZTY has caused this Agreement to be signed in its name by its Chairman and its seal to be affixed hereto, attested by its secretary, the date and , year first above written. CZTY OF DELRAY BEACH PALK BEACH COUNTY, FLORZDA, BY ZTS BOARD OF COUNTY COMHZSSZONERS By: By: DATE ATTEST: ATTEST: DOROTHY H. WZLIœN, CLERK BY: BY: DATE DATE APPROVED AS TO FORK AND APPROVED AS TO FORK AND LEGAL LEGAL SUFFZCZENCY: SUFFZCZENCY: BY: BY: CZTY ATTORNEY COUNTY ATTORNEY ,\ h:\ROAD~Y\AGRMT\88\88540A.1DB (final 4/29/94) 5 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f~ /\ SUBJECT: AGENDA ITEM # 8'L - MEETING OF MAY 17. 1994 INTERLOCAL AGREEMENT/PALM BEACH COUNTY DATE: MAY 13, 1994 This is before the Commission to approve Interlocal Agreement with Palm Beach County for City designed median and other improvements for Lake Ida Road between Congress and Swinton Avenues in conjunction with County Project No. 90502. Bids are scheduled to be taken in the last quarter of 1994 by the County. Execution by both parties is required prior to receipt of bids. Recommend approval of Interlocal Agreement with Palm Beach County for improvements on Lake Ida Road. . Agenda Item No. 'irL. AGENDA REQUEST Date: 05/09/94 Request to be placed on: XX Regular Agenda special Agenda workshop Agenda When: 05/17/94 Description of item (who, what, where, how much): staff requests Commission approval of an interlocal agreement with Palm Beach County for funding of City designed median and other improvements for Lake Ida Rd. between Congress Ave. and Swinton Ave. to be constructed in conjunction with Palm Beach County Project #90502, Improvements to Lake Ida Rd. from Congress Ave. to Swinton Ave. (City PN 91-003). Bids for this project are scheduled to be taken by the County in the last quarter of FY 94. ORDINANCE/RESOLUTION REQUIRED: 1J_/NO DRAFT ATTACHED 1J_/NO Recommendation: Staff recommends approval of an Interlocal Agreement with Palm Beach County for construction of improvements to Lake Ida Rd. from Congress AVe. to SWint~ DEPARTMENT HEAD SIGNATURE: ~ r. 'Ii1x. jZ.. "-'I\<; sf¡,jt¡f G»J Determination of Consistency with Comprehensive Plan: city Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives ~ (if applicable) Account No. , DescriPtion~ Account Balance city Manager Review: Approved for agenda: ~NO tt1 Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved , MEMORANDUM TO: David T. Harden city Manager ~Ç)Y FROM: Richard C. Hasko, P.E. Deputy Director of Public utilities SUBJECT: IMPROVEMENTS TO LAKE IDA ROAD CONGRESS AVE. TO SWINTON AVE. PN; 91-003 DATE: May 9, 1994 Attached is an agenda request and copy of a proposed Interlocal Agreement with Palm Beach County for funding of City designed median and other improvements for Lake Ida Road between Congress Avenue and Swinton Avenue to be constructed in conj unction wi th Palm Beach County project #90502, Improvements to Lake Ida Road from Congress Avenue to Swinton Avenue. Bids for this project are scheduled to be taken in the last quarter of FY 94 by the County. RCH: jem c: William H. Greenwood, Director of Env. Svcs. Susan Ruby, City Attorney f: 9l-003 CD) , Board oE"County Commissioners County Administrator M"ry McCarty, Chair, Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Department of Engineering Carol A. Roberts Warren H. Newell and Public Works Burt Aaronson I Maude Ford Lee May 3, 1994 , City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 ATTN: Mr. Richard Hasko, P.E. Deputy city Engineer RE: LAD XDA ROAD FROM CONGRESS AVENUB '1'0 S_XN'l'ON AVENUB PALM BBACH COUNTY PROJBCT . 90502 Dear Mr. Hasko: We are enclosing three original joint project participation agreements for the above project. Bids are scheduled to be taken in the Last Quarter of Fiscal Year 1994. Execution by both parties is required prior to receipt of bids. Therefore, the City's prompt action is necessary. Please have all three (3) copies executed in the original and return to this office as soon as possible. Your attention to this matter is greatly appreciated. Sincerely, 4' ~ I ,I L. vie opez, P.E. , Program Manager Roadway Production Division IJL: cs Enc. cc: Edwin Jack, P.E. , Deputy County Engineer Marlene Everitt, Assistant County Attorney Ronald L. Terrell, Sr. , P.E./Roadway Production Jim Fandrey, P.E./Roadway Production "An Equal Opportunity - Affirmative Action Employer" @ printed on recycled paper Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 , , AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PALM BEACH COUNTY, FLORIDA FOR JOINT PROJECT PARTICIPATION IN CONSTRUCTION OF LAKE IDA FROM CONGRESS AVENUE TO SWINTON AVENUE PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 90502 THIS AGRBJDlBNT, made and entered into this day of 1994, by and between the COUNTY OF PALM BEACH, a political subdivision of the State of Florida, .', hereinafter called and referred to as the "COUNTY" and the CITY OF DELRAY BEACH, a municipality in the State of Florida, hereinafter called and referred to as the "CITY", . X T B B S S B T H : , 1IJIBREAS , the COUNTY has caused to be prepared roadway construction plans and specifications for improving the Lake Ida Road from Congress Avenue to Swinton Avenue; and 1IJIBRBAS, the CITY desires to construct certain median and other improvements within the right-of-way of Lake Ida Road from Congress Avenue to Swinton Avenue, in conjunction with the COUNTY's roadway construction improvements of Lake Ida Road from Congress Avenue to Swinton Avenue; and 1IJIEREAS, Florida statutes, Section 163.01, allows governmental units to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage; and 1IJIEREAS, the execution of this agreement is in the best interest of both governmental units by promoting efficient J " construction of road improvements along the Lake Ida right-of-way referred to previously; 1 . '. CITY OF DELRAY BEACH NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The CITY agrees to pay directly to the COUNTY all costs attributable to those CITY designed median and other improvements for Lake Ida Road from Congress Avenue to Swinton Avenue, as outlined and shown in the Bid Documents for Palm Beach County . , project # 90502. 2. The CITY will be responsible for the difference in construction costs between the COUNTY's current design and the CITY's proposed design revisions. The costs would reflect the actual bid unit prices. , 3. The CITY agrees to pay those contributions as set forth in Paragraphs 1 and 2 above within thirty (30) days of receiving written notice from the COUNTY that payment is required. 4. The COUNTY is to be responsible for administering the funds in accordance with the construction contract agreement. 5. The COUNTY will perform all inspections to the CITY's design changes to certain median and other improvements within the right-of-way of Lake Ida Road from Congress Avenue to Swinton Avenue: and 6. The COUNTY shall. obtain CITY approval for any change orders which increase the cost attributable to the roadway I improvements designed by the CITY to an amount greater than the contract amount as stated in Paragraph 1 of this agreement. The, CITY shall be responsible for any cost caused by the CITY's delays included but not limited to change orders attributable to the roadway improvements as it relates to the CITY's work. 2 . , " CITY OF DELRAY BEACH 7. In the event that additional work and funding is required, by the CITY, the additional cost attributable to said construction of road improvements as outlined in the specifications for this project is the responsibility of the CITY. In the event of an under run attributable to said construction of road improvements as outlined in the specification, the CITY will be credited the excess amount. . \ 8. without waiver of limitation as provided for in Section 768.28 (5), Florida statutes, and to the extent permitted by law, I COUNTY agrees to indemnify and hold harmless the CITY from and against any claims, losses, demands or cause of action of whatsoever kind or nature that the CITY, its agents or employees, mayor could sustain as a res~lt of or emanating out of the terms and conditions contained in this agreement that result from the COUNTY's negligence or willful misconduct. Without waiver of limitation as provided for in Section 768.28 (5), Florida statutes, and to the extent permitted by law, CITY agrees to indemnify and hold harmless the COUNTY from and against any claims, losses, demands or causes of action of whatsoever kind or nature that the COUNTY, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contained in this agreement that result from the CITY's negligence or willful misconduct. 9. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or the CITY are subject to annual budgetary funding and should either Party involuntarily fail to fund any of ~heir respective obligations pursuant to this Agreement, this Agreement may be terminated. 3 , CITY OP DBLRAY BBACH 10. This Agreement shall be executed in triplicate and the COUNTY shall retain two (2) and the CITY shall retain one ( 1) copy. All shall be considered an original. 11. Any and all notices required or permitted to be given hereunder shall be deemed received five (5) days after same are deposited in u.s. Mail sent via certified mail, return receipt requested. . \ All notices to the CITY shall be sent to: City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 ATTN: Mr. Richard Hasko, P.E. Deputy City Engineer f All notices to the COUNTY shall be sent to: George T. Webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416 ATTN: Roadway Production " 4 , , . . CITY OF DBLRAY BBACH XN WXTNB88 WHBRBOP, the County of Palm Beach, Florida has caused this Agreement to be signed by the Chairman of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the city of Delray Beach has caused this Agreement to be signed in its name by its Chairman and its seal to be affixed hereto, attested by its Secretary, the date and year first above written. . , CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS I By: By: DATE DATE ATTEST: f ATTEST: DOROTHY H. WILKEN, CLERK BY: BY: DATE DATE APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL LEGAL SUFFICIENCY: SUFFICIENCY: BY: BY: CITY ATTORNEY COUNTY ATTORNEY H:\roadway\agrmt\90\90502m.ldb (final 5/02/94) I' 5 , . (/\ (t· \ I [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 Wr~~ør·. D~røct L~nø FACS¡1\IILE 407/278-4755 (407) 243-7090 MEMORANDUM Date: May 9, 1994 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Agreement with DLW Productions, Inc. "Under Fire" The City has received a request from DLW Productions to allow DLW to videotape the activities of the City's Fire Department. The videotape will be used as part of the program "Under Fire", which is scheduled for June 3, 1994. The agreement provides for a complete release of any potential liability. DLW also agrees to indemnify and hold the City harmless from any suits which may arise as a result of the videotaping. DLW is also providing the required insurance. Approval of the agreement is required in order to allow DLW Productions to film the Fire Department's activities. Please call if you have any questions. DNT:smk Attachment cc: David Harden, City Manager Sharon Morgan, City Clerk's Office John Tomaszewski, Interim Fire Chief dlw.dnt g~ . , . flNÞEe t:,eE South Florida's 911 . May 6, 1994 David N. Tolces, Esquire Assistant City Attorney for the City of Delray Beach 200 NW 1st Avenue Delray Beach~ FL 33444- RE: Under Fire: South Florida s 9.1.1 Dear Mr. Tolces: Per your letter, dated February 24, 1994, I am faxing a copy of the Agreement that has been executed by me. r understand that this agreement will be placed on the agenda for the next City Commission meeting for approval. It is my hope that the Delray Beach Fire Department will be allowed to participate in Under Fire in an upcoming episode slated for June 3. '94, As you requested, I'm also including a copy of the certificate of insurance which lists the City of Delray Beach as the additionally insured, Also, for additional information, I'm incJuding a letter written by the film commissioner which serves as a reference. Thank you in advance for your assistance in this matter. I'm looking forward to meeting you in the future. In the interim if anything further is required please feel free to call me: (407) 433-4834. Sincerely, }W¡o l{j).lIJwæ Debra L. Wescott President Page I of 5 DLW Productions, Inc. 754-4953 " . " . AGREEMENT THIS AGREEMENT, entered into on this day of - I 1994, by and between the CITY OF DELRAY BEACH, (ItCity"), a Florida municipal corporation, and DLW.PRODUCTIONS, INC. a Florida corporation. WIT N E SSE T H: 1. DLW Productions, Inc. , voluntarily and knowingly executes this release with the express intention of eliminating any liabilities on behalf of the City of Delray Beach that may arise during the production of the television series referred to as "Under Fire: South Florida's 911". 2. DLW Productions, Inc. shall have authorization to videotape the City of Delray Beach Fire Department. ,- DLW Productions, consideration of 3 . Further, Inc. , in Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to release, defend, indemnify, and hold the City of Delray Beach and its employees harmless for any suits or claims arising from injuries, both mental and physical, including death, that may be sustained by the production crew or anyone employed by DLW Productions, Inc. , including its agents, contractors, and subcontractors, during the videotaping of "Under Fire: South Florida's 911". It is further understood that this agreement applies to any heirs (including spouses), legal representatives or successors. 4. In addition, the City of Delray Beach is hereby released from any liable for any damage 8u8tained to any equipment owned or leased by DLW Productions, Inc: , , its employees or agents which is used in the production of "Under Fire: South Florida's 911". 5. It is understood by all parties executing this agreement that all videotaped material will be held by DLW Productions, Inc. and will be used solely for the production of the "Under Fire: South Florida's 911" television series. " .' 6. As a courtesy to the City of Celray Beach, DLW Productions, Inc. agrees to allow a representAtive of the department to review the final production prior to Airing. 7. This Agreement constitutes the full and complete understanding between the parties hereto, and no other oral representations have been made. No modifications or change to this Agreement shall be valid or binding upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year written above. DLW Productions, Inc. City ot Delray aeach, Florida ~ 'rÄ~. Thomas Lynch, Mayor ebra L. Wescott, President State of Florida ATTEST: County of Palm Beach The foregoing instrument City Clerk was ac~owledged beto~e me this ~day of ~ , Approved as to Form: 1994 by EÆÞ, L· IN i1T of í)&..t,U pJ200 t.c ~ T 10 f.J~ ~ NC. David N. Tolces a FI DR I 0/'1 corporation, Assistant City Attorney on~alf of the corporation. He is personally known to me or has produced FDL. W~'Q - 17å) -5"') - 'ì ~·1 as identi- ion ~ ,.,. ',' Print, Type or Stamp Name of Notary Public ec..../lfð'/dO 2 ., P.02 CERTIFICATE 0' 1«1URAMC£ Th. cDIftJan)' indIcated b.1ow urt1fI'$ that tho Insurance .ffOI·oc4 by the po11Cy or poHc1ts nUIIÞercd and described below " i~ force .~ of the_effect've date of thl, certIficate. Tn,S Cert1f1Cltt 0' Insurance doe~ not .~nd. ..tand. or otherw1,. .Iter the T'~I and (ondit1on1.of Insurlnce covtr'~' contained in any po,tCY numbered and descrIbed below. . CE~TI'ICAT[ HOlOEa: IMSIJR£O& CITY 0( OElRAY 6{ACH \ OlW PRODUCTIONS IHC ~OO MW 1ST AVE 2826 MIL" COURT '205 DELRAY eEAtH, fL 33444 l.AHTANA. f'L 13462 . I I POlICV MUMlER I 'OlICY I POll CY I liMITS Of LIAlILlTY I I TYPE or INSURANCE I . ISSUI~ CO. IEFf. OATE IEXP. DA1( I (-liMITS AT INCEPTIOM) I I I I l (AULI TY I 17-PR-170t99·0001 I 12~07-93 I 12~07-94 I I (X) It,b111tf and I Ntttof\w1de I ~ I Any One Occurr.nc......... S 1.000.000 I I ",cHe.1 €xDens. I Mutual ,trot I I I I I eX) Person,1 tn4 I Insurance Co. I I I Any Ont 'erlon/Org ....... S 1.000.000 I I Advertising Injury I I I I I I rXl Hldlclt (XDlnSIS I I I I Anv on. ~'~S'ft ........... $ t,OOO I I (X) ,Ire ltg,l r I I I An~ One F1r9 or Explosion $ 50,000 I I Uabi Hey I I I I I I I I I I Çenera' A9Vre9"'- ....... $ 1.000,000 I I I I I I Prod/Comp Ops Aoo,eglt.- . $ 1.000,000 I I r ] Oth.r L\abiJity I I I I I I I I AUTOMOBILE LIABILITY I I I I I It] 8USINESS AUTO I I I I Bod I '>' Injury I I I I I (Each Per,on) ,......... $ I I r ) Owntd I I I I (ElcÞ Accident) .,....,. S I I [ ) Hired I I I I Proptrty OImlOt I [ ) Non.CMned I I I I (£ac~ ACCldtnt) ........ S I I I I I I C~fn.d Stngle Lt.tt .... $ I I I I IXCIS$ liABILITY I I I I tech Gç,urrlnce .......... S I I I I I I Prod/Coøp ap,/O'...'. I I ( ] Umbrel1a Form I I I I Avvregate· ........,.... S I I . . I I I I I I STATUTORY L(H(T$ I I ( ] Work.r, I I I I I aa4(t~ InJury/Acctdent ... S I I Compenut ion I I I I aoëtly Injury by Of...,. I I and I I t . I Elçh (MP1oyee ...,...,.. t I I r ] Emp10ytrs' I I I i I Bodt1y Injury by Ots..se I I Utbiltty I I I I Policy limit ........... S I I -- I Should In~ of the above d.&~~ib.d politte, bt clnc.lled before the OESCR(PTI0N 0' O'(RArI0Ns/~OCArIONS .~plratton dltt. the tn$uranç. co.øany w11' tnQeavor to mil) 10 day. VEHICLES/RE$TAICTIONS/SPECIAl (TEMS written notS~e to the .bove na..d certlftcate holder, bùt f.'lure to AOOING CITY or OCLRAY 8EACH Matl such notice thai I imoose no ob1tgltion or liabIlity upon the AS AOOrT(OHAl INSURED COMP.ny. 't. Igents. or repr"tntativ... ("fettve Oat, of Certiflclte: 12·01·lgg3 Authorl~.d Rtprt$tntat1v.: fIOAHAN P nULLO O.te Certificate Issued: 03.17-1994 Countersigned at: 701 'HILLIHGWOAT" DR su nf' 40 " THE PAL'1 BEACH Cour-,rrv FlL\1 LwSON OFFICE, A DIVISION OF THE T()UI{I~r OI;VEl.OPMENT COUNCIL OF PALM BEACH COUNTY (407) 471-3995 1555 PALM BEACH LAKES BLVD.. SUITE 204. WEST PALM BEACH, flORIDA 33401 April 5. 1994 To Whom It May Concern: This letter introduces Debra Wescott, Producer of 911 SOUTH FLORIDA UNDER FIRE. Ms. Wescott has been coordinating her program through the Film Liaison Office and our One-Stop Pennitting policy. To date, Ms. Wescott has received pennission from Palm Beach County Fire Rescue and the Palm Beach County Sherifrs Office and several other municipalities. This office has received no complaints regarding her perfonnance or the conduct of her crew when responding to emergency calls. In addition, Ms. Wescott has conducted herself both professionally and courteously in her production company's work on accident/crime scenes and her requests for pennission through the various government agencies. The Palm Beach County Film Liaison Office exists for the express purpose of assisting producers to acquire pennission and cooperation when they have met all of the professional guidelines. I assure you that Ms. Wescott has been exemplary in her efforts to provide this office with the necessary requirements for her to fulfill her obligations. As to the matter of insurance the Film Liaison Office requires that every cooperating municipality and taxing district is covered as an additionally insured before a permit is issued. This means if an accident should occur any legal action brought against the city will automaticalty be covered by the production company·s insurance agency. If you have any questions regarding One Stop Pennitting and Ms. Wescott. This office will be glad to assist you. Chuck Elderd, Director Fi1m Liaison Office CE:psh cc: J. Charles Lehmann, Exec. Dir., IDC Bill Metzger. Chair. FLAC '!HE BEST OF EvERYTIllNG , . /'-'1 L ',\ [ ;' . [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 4071278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: May 11, 1994 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: CRA - Historic Homes The CRA is requesting approval and authorization for the expenditure of CRA tax increment reserves for the relocation of the historic homes in excess of the state grant monies. Florida Statutes 163.370(2)(a) requires the approval of the City to acquire real property, to demolish and remove any structures on the property and to pay all costs and relocation expenses. Attached please find a letter from Chris Brown and a form motion for your consideration. of this memorandum to David Harden, please place this the May 17, 1994 City Commission agenda. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Chris Brown, CRA Robert Federspiel, Esq. ~ on ~ 0'/ /7 /9t; ~JI ® Printed on Recycled Paper ., . . . "-... . . '---' ~ . ... . ---' .-. ---~ . . '. CD Community Redevelopment -a Agency u.... ....._._. - ... .._,. Delray Beach May 10, 1994 Board of commissioners City of Delray Beaoh 100 NW let ~venue Celray Beach, FL 33444 Commieeionerss Ae you R~. AWAre, the City commi..ion ha. entered Lnto an tnterlooal A9reement wi~h the Ooun~y of ~alm Beach and the Commun1ty ~e4evelopm.nt Agency of the City ol ~el~ay Beaoh for the roloc~t~on of two hiDtoric homea from the Hillcrest gubdivision in We8~ patm Beaoh to Block 60 in the Cit¥ of Delray Beach. The ralocation an4 land aoquieition for ~hø projeot to being paid ror by the Community Redevelopment Agency and the City of Delray Beacn and the restoration of the homes is being paid for by a State Historic Preservation Grant. It is expected that a portion of the relocation costs and potential rQstoratlon ooets in excess of the State Grant may be requi=ed to be paid by the Community Redevelopment Agency out of its tax increment financing. In that the Community Redevelopment Agency initially intenðs to utilize one of the histo~1c homes a8 its administrà~iv~ offices and to lease the othe~ home p~røuant to an advertised Request ~or ~ropoeal from public agenc1.. and not- fo~-profit entitiè8 p~r8~ant to ~be terms of the State Grant, the approval of the City of Delray Beach önd ~alm Beach County are require~ pursuant to Florida Statut&8 Chapter 163.370(2)(a). It should be noteà that the CRA has reoeived interest from the Palm Beach County State Historic Preservation Board regarðing their submitting a proposal for the lease of the eecond historic home upon the request of the CRA for such proposal. The City of Delray Beach has approved anð adopted the Community Reãevelopment Plan providing for this project and the same was previously furnished to Palm Beaoh county prior to its adoption, in aocordanoe with the notice requirements set forth in Florida statutes Chapter 163.346. Accordingly, the Community Redevelopment AgenOy of the City of Delray Beach respectfully requésls your approval, in the form of the attached Motion, ~or the implementation or ~hiø project. Sincerely, COMKUNIT~ RED~VELOPMENT AGENCY OF DELRAY BEACH Christopher J. Brown ~xecutive Director 1 S.E. 4th Avenue, Suite 204, Delray Beach. Florida 33483 (407) 276·8640 , , "r rom ... I'\.uc;::l'. I w. r ~l..'I=r"..._¡¡ J. ~I- fl. n. ' ".....",_ "_I - -,_. -' - -- .-- . .-"w.'. -- --- . . " .... .. . MO~ION The CITY OF DELRAY BEACH, pursuant to S163.370(2)(a), ~ Florida Statutes, horoby approves ~ authorizes the expenditure of CRA increment reservGS for the Block 60 Redevelopment Plon contained on page 4.29, 4.29 and 4.30 of the City of Delray Beach Community Redevelopment Plan amondad by City of Del~ay Beach Ordinance No. 5-94, FGbruary 22, 1994, fo~ the ~elocation of historic homes to be used for administrative offioes for public bodies or for other purposes. , , . [ITY DF DELRAY BEA£H !-,\J '-:'.- \LE . ,.~~RA-(':3EACrl '=L-C,~Ic)A3J444 . "¡07'-:-4,~ '~'J .... AI ~CIty May 19, 1994 , III J! 1993 Mr. Christopher J. Brown Executive Director Community Redevelopment Agency 207 East Atlantic Avenue Delray Beach, FL 33444 Re: Approval/Authorization for Expenditure of CRA Tax Increment Reserves/Historic Homes Dear Chris: At the May 17, 1994, regular meeting, the City Commission of the City of Delray Beach, Florida, approved the Community Redevelopment Agency's request for approval and authorization for the expenditure of CRA tax increment reserves for the relocation of the historic homes in excess of the State grant monies. The motion, as set forth and approved on the consent portion of the agenda, was in the following form: Pursuant to Section 163.370(2) (a), Florida Statutes, approve and authorize the expenditure of CRA increment reserves for the Block 60 Redevelopment Plan contained on pages 4.28, 4.29 and 4.30 of the City of Delray Beach Community Redevelopment Plan amended by City of Delray Beach Ordinance No. 5-94, February 22, 1994, for the relocation of historic homes to be used for administrative offices for public bodies or for other purposes. If you have any questions or need additional information, please do not hesitate to contact me at 243-7050. Sincerely, û&umtJl/;~ j¡h/ìFDl!~ Alison Ma~;~~rty City Clerk AMH/m cc: Susan A. Ruby, City Attorney Robert Federspiel, Esq. THE EFFORT ALWAYS MATTERS , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Ð11 SUBJECT: AGENDA ITEM # 80 - MEETING OF MAY 17. 1994 APPLICATION/URBAN EMPOWERMENT/ENTERPRISE ZONE DESIGNA- TIONS DATE: MAY 13, 1994 This is before the Commission to authorize joint application with Palm Beach County to Department of Housing and Urban Development (HUD) for one of the Urban Empowerment/Enterprise Zone Designa- tions. At the Commission workshop meeting of March 15, 1994, approval was given to submit the IINotice of Intent to Applyll for one of the designations - either Urban Empowerment or Enterprise Zone. The City was later informed that it has only one Census Tract (68-02) which meets the poverty threshold established by the Federal Government (bounded on the east by Swinton Avenue, on the west by S.W. 8th Avenue, on the north by West Atlantic Avenue and on the south by S.W. 10th Street), and that the City would be in a better position to receive funds awarded if joined with the County in their application. The County will submit one application with three proposed designations; Delray Beach, Riviera Beach/West Palm Beach (contiguous boundary) and Belle Glade. Should the designation be awarded, the City would be responsible for development of the strategic plan for the proposed census tract, which will include the identification of activities to be funded. Recommend authorization for city to jointly apply with Palm Beach County for one of the Urban Empowerment/Enterprise Zone designa- tions pursuant to the requirements of HUD. , . . . , . Agenda I tem No.: 'if 0 AGENDA REQUES~ D t 5/11/94 a e: Request to. be pJßced on:' Æ' Cð)1.4eif/[ :/-- -Regu..-lar Agenda Spec 1a 1 Agenda Workshop Agenda When: 5/17/94 Uescription of agenda item (who, what, where, how much): Empowerment Zone/Enterprise Zone Designation Program Requst to Apply for Participation Under Palm Beach County's Urban Designation ORDINANCE¡ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda t ion: Approval ,/, /}.. ... . Department Head Signature: ~. ~ ~__u_~ t./ I v Determination of Consistency with Comprehensive Plan: City Attorney Review¡ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: .1 Approved for agenda: ¿&¡ NO {1Vi Hold Until: - Agenda Coordinator Review: Received: ' Action: Approved/Disapproved , - - MEMORANDUM TO: DAVID HARDEN, CITY MANAGER COMMUNITY IMPROVEMENT ~ FROM: LULA BUTLER, DIRECTOR, RE: EMPOWERMENT ZONE/ENTERPRISE ZONE DESIGNATION PROGRAM REQUEST TO APPLY FOR PARTICIPATION UNDER PALM BEACH COUNTY'S URBAN DESIGNATION DATE: MAY 11, 1994 ITEM BEFORE THE COMMISSION: Approval of staff's recommendation to submit a joint application with Palm Beach County for one of the Urban Empowerment/Enterprise Zone designations. BACKGROUND: Staff presented this new program from HUD to the Commission at the workshop meeting of March 15th. Based on the information presented and the program requirements, Commission gave approval to staff to submit the "Notice of Intent to Apply" for one of the designations of either a urban Empowerment or Enterprize Zone. Since then, we have been informed by the State (DCA) that we have only one Census Tract (68.02) within our City that actually meets the proverty threshold established by the Federal Government. In their op1n1on, the City would be 1n a better position of participating in the funds awarded to the State if we joined with the County 1n their application. There will be 60 Empowerment Zones designated throughout the Country; we would stand a better chance being a part of Palm Beach County's application. They will submit one application with 3 proposed designations: Delray Beach, Riviera Beach/West Palm Beach (contiguous boundary) and Belle Glade. The City is responsible for development of the strategic plan for the proposed census tract which will include the identification of activities to be funded should the designation be awarded. Census Tract 68.02 is bounded on the East by Swinton Avenue, on the West by Southwest 8th Avenue, on the North by West Atlantic and on the South by 10th Street. We will be including proposed services from the new Carver Social Service Center in our overall plans. RECOMMENDATION: Staff 1S recommending that the City Commission authorized the City to jointly apply with Palm Beach County for one of the Urban Empowerment/Enterprise Zone Designations pursuant to the requirments of the Department of Housing & Urban Development. LB:DQ DQ2 EZEC.PB , , > MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 871 SUBJECT: AGENDA ITEM # 5? P - MEETING OF MAY 17, 1994 AWARD OF BIDS AND CONTRACTS DATE: MAY 13, 1994 This is before the Commission to approve the award of the following bids and contracts: 1. Bid Award - Ready Mix Concrete - to Tarmac of Florida, Inc. at an estimated annual cost of $10,087.50, with funding from Street Maintenance - Other Road Materials (Account No. 001-3113-541-53.90). 2. Contract award - Photographic Supplies - to Photoline Supplies, Inc. - annual estimated cost of $17,513.90 with funding from department operating expense photo/microfilm service accounts (34.70). 3. Contract Award - Homewood Boulevard sewer extension - Sullivan Brothers, Inc. , in the amount of $154,923.50, with funding by budget transfer from Capital Outlay Other Improvements (Account No. 441-5161-536-63.90) to Capital Outlay - Sewer Mains (Account No. 441-5161- 536-63.51). . . "- Agenda Item No.: f::P AGENDA REQUEST Date: May 05, 1994 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 17, 1994 Description of agenda item (who, what, where, how much): Ready Mix Concrete Term Contract - Bid #94~38 - Estimated annual cost of $10,087.50 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Tarmac of Florida, Inc. at estimated annual cost of $IQ,087.5Q ¿ ~~' 1 //t Department Head Signature: 7~fl' ~"'7 ~-/!;./ 5ß/9#' Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure ~(] ~{ funds): ~~Q~ Funding available: YES/ NO ,,1 Funding alternatives: (if apPlicab~ Account No. & DeS~ion: OOl-?/t;- ~/. 53-4D ~ f?JJA[) µ. ÆLS Account Balance: ./0 City Manager ~view: Approved for agenda: @.; NO ftv'; Hold Until: Agenda Coordinator Review: . Received: Action: Approved/Disapproved 'I - . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ THROUGH: Ted Glas, Purchasing Officer rJ//f .; FROM: Jacklyn Rooney, Buyer ct DATE: May 05, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 17, 1994 - BID AWARD - BID #94-38 READY MIX CONCRETE - TERM CONTRACT Item Before Commission: The City Commission is requested to award the annual contract for Ready Mix Concrete to Tarmac of Florida, Inc. , at an estimated annual cost of $10,087.50. Background: Bid(s) for this contract was received on April 22, 1994, from one (1) vendor, all in accordance with City purchasing procedures. (Bid #94-38 on file in the Purchasing Office.) A tabulation of bids is attached for your review. Only one (1) bid was received for this contract. I therefore contacted our current vendor (Rinker) to see why they had not submitted a bid. They stated they had forgot the bid opening date. Rinker submitted a quote to me for the items bid and their pricing was higher than the bid we received from Tarmac. I also checked with the Palm Beach County bid, and their current contract (with Rinker) expires in October of 1994 and will be re-bid. The difference in pricing from the County Contract and the bid received from Tarmac is $112.50 for the contract year. We belive the bid that was received from Tarmac to be fair and reasonable. The Deputy Director of Public Works has reviewed the bid received, and recommends award to low responsive bidder, Tarmac of Florida, Inc. , per attached memo. Recommendation: Staff recommends award to low bidder, Tarmac of Florida, Inc. , at an estimated annual cost of $10,087.50. Funding from the department's operating expense budget. Attachments: Memo From Public Works Tabulation of Bids cc: Richard Corwin, Deputy Director of Public Works Scott Solomon, Superintendent of streets . . ~ . MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Mark Kilbourne Superintendent of Streets THRU: Richard Corwin Deputy Director of SUBJECT: READY MIX CONTRACT - TERM CONTRACT BID 1194-38 DATE: April 28, 1994 Per your memo of 4/25/94, I recommend award of contract to Tarmac of Florida, Inc. Please contact me at extension 7339 if you have any questions. ¡f~##Lo Mark A. Kilbourne MK/lm REF: MKTGRMC.DOC File: Memos to Purchasing , . . ~ , RECE!\lED APR 2 6 1994 M E M 0 RAN DUM TO: Mark Kilbourne, Supt. of Streets FROM: Jacklyn Rooney, Buyer 'tit DATE: April 25, 1994 SUBJECT: Bid #94-38 Ready Mix Concrete - Term Contract Attached is "Tabulation of Bids .. and copies of the bides) submitted , by vendor(s) for the above referenced subject. "Invitations To Bid" were mailed to eleven (11) vendors on 03/18/94. The bid was advertised in the Palm Beach Post on 03/21/94. The bid package was picked up by one (1) vendor(s) after mailing of invitations, and posting of advertisement. We received only one (1) bid for this contract. I therefore, contacted our current vendor (Rinker) to see why they had not submitted a bid. They stated they had forgot the bid opening date was Friday, April 22. Rinker submitted a quote to me for the items bid and their pricing was higher than the bid we received at opening. Please review the tab sheet(s), and forward to Purchasing your award recommendations. \.0 ..-r"' .¡;- ~ If you have any questions, you may reach me at ext. 7163. - J-'¡JIo ...,; r;'; 'r) ....-- ;:..) <t) Thank You. c: I"...) .' f'; r;-' \.J ) ....... '- .. .'" -v .~ 'JC; CJ Attachments: n', N '..:JJ' .-.. - Tabulation of Bids ç; .- r"") -. Copies of Original Bid(s) Received <...) cc: Ted Glas, Purchasing Officer file: Bid #94-38 ., - .. j . ~IL 22. 1994 CIlY OF DELMV BE/£H TAB.W... TIO! OF BIDS BID. 94-38 RfÞCN MIX COtCRETE - TERI1 COITRACT DELIVERED PRICES Tarmac Florida Inc. ITEI'! DESCRIPTIO! 1- 2.500 PSI REaJl.AR 44.50 c.y. / RSIÐV t1lX 7787.50 175 c.v. 2. 3.000 PSI REWlAR 46.00 c.y. / REJOV t1lX 2,300.00 SO c.v. TOTAL BID PRICE $10,087.50 DELIVERY 48 hours after receipt of order , Any order less cx:I'M:JoITS/Ð<CEPTI~ than 5 cyds, add $100.00 delivery charge Will not extend same prices, terms, and "- conditions to other Palm Beach County Govermental Entities. - - " ' , . ~ Agenda Item No.: 8.P ( AGENDA REQUEST Date: May 10. 1994 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: May 17. 1994 Description of agenda item (who, what, where, how much): Photographic Supplies ~ Annual Contract - at estimated annual cost of $17,513.90. One year renewal of current contract. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: One year renewal with current vendor - Photoline Supplies. Inc. at estimated annnRl cost of $17,~11.qO dj/Ý . Department Head Signature: -:;P~A x::Pd,.,¿t!..c..L <"'Ï~ð~d Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds) : Funding available, ~ NO Funding alternative' _, Aú T:34 (if applicable) Account No. & Description: ,&./1 Y WIDe C -70 Account Balance: City Manager ~view: Approved for agenda: tfØ NO Hold Until: Agenda Coordinator Review: . Received: Action: Approved/Disapproved " I MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ THROUGH: Ted Glas, Purchasing Officer ~~ FROM: Jacklyn Rooney, Buyer c(l DATE: May 09, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 17, 1994 - BID AWARD - CO-OP BID #93-048 PHOTOGRAPHIC SUPPLIES - ANNUAL CONTRACT Item Before Commission: The City Commission is requested to award the one year renewal of the annual contract for Photographic Supplies to Photoline Supplies, Inc. , at an estimated annual cost of $17,513.90. Background: The City of Boca Raton is the lead entity for this Co-op Bid. Bid(s) for this contract was received on March 18, 1993, from seven (7) vendors. The City of Delray Beach City Commission approved this contract on April 13, 1993. Per paragraph #10, page 2, of the General Conditions of this Co-op Contract, "The Co-op reserves the right to renew the period of this Contract for two (2) additional contract periods. Renewal of the contract period shall be by mutual agreement in writing". Per attached, the vendor has submitted a letter stating his desire to renew the contract for one more year, and the City of Boca Raton Council approved the renewal of this annual contract at their Council meeting of April 27, 1994. Recommendation: Staff recommends the one year renewal with Photoline Supplies, Inc. , at an estimated annual cost of $17,513.90. Funding from the various department's operating expense budget. Attachments: Renewal Letter to Vendor Dated 03/01/94 City of Boca Raton Council Approval Recommendation City of Delray Beach Commission Memo Dated 03/24/93 ({, p, {. , , . . - -. -..- '--- r,.....;..¡, I~':;" , .__-",.."" -~,.4-_~ ........ -.-,~- - - - ~-(~..) M..,.... r IWó .....~... . '1(~ø/2Ãoca- ~ i. I . CITY H-;"'~ . 201 WEST P^\"METTQ "M'I( "OJO-O · aOCA ""TON. "'~ORlgA 33"~·~70G . Pt10NG: (407) 1SO$-17~ . <"'OR H....~NO IMP^IREO~ TOO; (.07) t47~70"e SUNCOM: (407) gu·noo ! March 1, let4 Pho~lln. Supp11.~ 400 C~rc. way; ste. 116 LOnQWood, PL 3t?SO a.t:t..nt.ion: Dom1nlck Seainara ket Con~rac~ Renewal - B14 .0. 93-0.8 ·Co-Qþ PhotOgrapnic $up'pJl*s~ Dear Mr. S...inora: OUr bid ref*rcnoe4 above wi11 A~pir8 April 28, 19~4. p.r th_ b~d apeoif 1cationl5i, we have an o~1on to J:en." AJLi.atinV çQnto.1ó"a~ t'ôa.- an actcU,t:.1on&1 on. .y.ar period. 1C 1t ill mutuallr Oc¡r..able to 8.11 parti... . .1.... adv1.. 1f . one year .x~.~ló~ of th. nu~rant con~ract a~ price. q\101:.64 in yo\U," b1\\ d..:tw Maroh 10, .iV3 wou~ð. bé ð.oQcp~able. ... ple.... QOaplete and ret.urn thlA to~ t.o my att:antdJon .U~h.~ by nil þ or by ~ax no later than March 11, 1(¡J~.. . I Ra9at-cI_, ~~~{). ,f~ pa\\li$ D. bupera Buy,r I ra. e: b14 tila ~ . j I herebY ~~ree to a one yea~ extension ð~ ~e .ub aot Þld. / ~ .. ~able ~ð provide a one y..r exton.ion ot the subjèC~ bi4. ~~ ~¡ 1Þ.,/·;H-Á) ~"~~ sJ.9nàtura D t. ~"7')vt~~ A\ \Á"f.~ .JLf ! Na.. (printed) Tiltl. @""*'........ ....' - Art CQU"l., OI"PORTUNtTV EM~LOY&"- ~~-,;-----......~........__....__.._......__._---------------------_.__..---------_._---.._....._~----- ., , . - , M E M 0 RAN DUM TO: David T. Harden, city Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ Adminstrative Services THROUGH: Ted Glas, Purchasing Officer FROM: Jacklyn Rooney, Buyer 1é DATE: March 24, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 13, 1993 - CONTRACT AWARD - PHOTOGRAPHIC SUPPLIES - CO-OP BID Item Before City Commission: The City Commission is requested to award annual contract for photographic supplies to low responsive bidder, Photoline Supplies, I nc. , at an estimated annual cost of $17,513.90. Per the Finance Depart~ent, funding is from: ( ) . Background: Various City Departments have need of an annual contract for photographic supplies and the combined quantities are noted on attached form titled "Bid Quotation Page .. . The City of Boca Raton Purchasing Division is the lead agency for this Co-op contract. Bids were received on March 18, 1993, from seven (7) vendors, based on estimated quantities of three (3) governmental entities. (Documentation on file in Purchasing Office.) A tabulation of bids is attached for your review. Photoline Supplies is the current vendor we are using from the last co-op bid in 1991. Pricing for several items remain the same as last bid. (As noted on Bid ~uotation Page.) On March 23, 1'993, the Palm Beach County Cooperative Purchasing Group met and voted to recommend award to the low responsive bidder (Photoline) . Recommendation: Staff recommends that this annual contract be awarded to low responsive bidder. Photoline Supplies, Inc. at an estimated annual cost of $1 ?: ,513 . 90 . Funding as outline above. Attachments: Tabulation of Bids City of Delray Beach Requirements Memo from City of Boca Raton , . . . . tIS ~ iã ~ ~ ;g Þtf æ H H .. <,#"., C' - t-I I-t t4 0 ~ ..........¡.. ~~;!f ~ 10 ~ 8 Q ~~.;:!.. g H C 0 _. ;~WtII:'"I!' ~ tJ;S ¡ tt çn~~' · .. H I-t ~§ ~ þj It1 ~ ~ o II ~ ~ 6 == ~~. &.J ~ ~ I 'w ~ tn "0 ~~J e S t-3 ij ~ i~ .. H o -~ ~ 0 0 "tI 00 § - ~ t"1 ~ / ~ H ~ - t" tz:I ~ I . (I) t"4 n I'( 'V .~~ 0 ;:r:; . . H 2 t-I ~ o -"'. !i~":' ~ Him :z: .'r: o : W S . ::..~ 0 :., S fa ~: " ~ g r: ~ I, = H n ;ffi¡'1ì'~ œ .~.,.....;o :~-:--:'oI''')o ~"{'~ a :;'::t;:!':=-...;: 'G It·t'C~"··· ~~ ~ rÆfi ;~~: H ;t.:t...t,~;.; t'!I *:-'o;.'~ ~.Jt:::-. œ ~';!^::C4 . ..~~..~.~ .. "1~' ; ~~.......;: i~~·~:. !wr~ .~~ ~~: t~~ tt~ w ~~~~®~ ..... ... ~i: co ø " UI UI 0) 0\ 01 ( '\ ( '\ \0 -oJ Ot 0\ N UI W N ;r..:a~ w .. .. .. ... ... ... ... ?-A~ Ø\ Ø\ I-' -oJ I-' 00 0\ WI1;tt:':" ¡ij .... ... 01 \0 Q:) ~ \D ~V" ,~~:. N U\ ~ U1 c.n w -oJ ~~~ .... ---- . . . . . . . ~ .. ....s N .... 0 oÞO 00 ... ~ 0 03 U\ ~ W \D .. \D ~~ 0 ~ ; ~. Þd · r".~ tI: " .~:. · /' :~ t~ ~~ I ~~ ì:.6{ : :-::. . ....-:.. ;::.:!:(.f-':' :.: :.: :.: ~.: ~ -f'<.:...:....... ~~~~~:. ~~~~[~ij;; :~;;;:~:;.~;: i¡!~i;¡ft~¡~· :.::.::..::.::. :;::¡~1::t; :-:...:..-:..:,. :;: :;: :=: ~:. :: ::::;::::';.": ~~;;'i;::;~:; ;;j~~~;j! ';":"0(..:..: , . . . BID OUOTATlON PAGE 93-047 ESTIHATED ÃlRIAL USAGE· ARD cOsT F:JR ,EACH - - - CITY PPSCI ITEM I DESCRIPTION EST'D ANNUAL U.O.M. UNIT TOTAL USAGE For PRICE For Delrav COLOR NEGA 11VE FILM Délray"Beåcb Low Bidder - Pbotoline OK-282 1. KODACOLOR 100 OA 135-11 268 IlOLLS $ 2,30 '* $ 61';.40 OK-I&3 1. KODACOLOR 100 OA 135-24 160 IlOLLS $ 2.70 '* $ 432.00 OK-348 3. KODACOLOl. 100 OA 135-36 -. 5 IlOLLS $ :L50 .,* $ 17.50 OK-110 4. KODACOLOlt. 200 OB 135-12 - IlOLLS $ 2.65 $ OK-1I4 5. KODACOLOlt. 200 OB 135-24 12 IlOLLS $ 3.20 '* $ 38.40 OK-178 6. KODACOLOR 400 OC 135-12 200 IlOUS $ 2.95 '* $ 590.00 OK-349 7. KODACOLOR 400 GC 135-24 210 IlOLLS $ 3.45 '* $ 724.50 . OK·179 S. KODACOLOIt. 400 GC 135-36 10 IlOUS $ 4.45 '* $ /,/. "0 OK-3S0 9. EXI'AR. lOOOCJ 135-24 IlOLLS $ 5.75 $ COLOR POSITIVE FILM OK-322 10. EXI' ACHIlONE 100 EC 135-14 ." 25 IlOLLS $ 4.65 ,,$ 1 1 ç., ?" OK·3S 1 II. EXl' ACHIlOMB 200 ED 135-14 IlOUS $ 5.65 S OK-3S2 11. EXl'ACHIlOME400 EL 135-14 3 IlOLLS $ 6.45 * $ 19.35 BLACK" WHITE FILM OK-34 I 13. KODAK T-MAX 100 TMX ~ ROLLS $ 2.65 s ,.OK-3S3 14. KODAK T-MAX 400 NY J3S.34 ROLLS S 2.75 '* $ OK-3S4 15. KODAK PX 401 PLUS X (100' 25 IlOLLS S 30.30 $ 757.50 IlOUS) , INSTANT COLOR PRINT FILM OK-3SS 16. POLOllom 600 PLUS (I'W. fMS) . 495 TWIN PIC. s 16.95 s 8390.25 OF-227 17. POLORom 661 PLUS (tW. NCIQ 205 TWIN PIC. S 12.49 '* $ 2560.45 OK-1S4 19. POLORom 669 PLUS (tW. PMS) 50 TWIN PIC. $ 18.39 '* $ 919.50 OK-54 20. POLOllom SX-'70 PLUS (I'W- fACIO TWIN PI( $ 16.95 $ OK-3S6 21. SPEC'I1lA SYSTEM FDJ.c (I'W. 100 TWIN PIC. s 18.95 $1895.00 PACK) / MISCELLANEOUS / OK·l0a n. MAOICUBES (4 FLASH) 3II'Då. 25 PACKS s 1.80 '* $ 45.00 OK-297 23. ~LYCON11lAST m IlC If PAI'EIl 10 BOXES $ 34.73 $ 347.30 lOOIBX, I- X 10· -NOTE: VENDORS MUST BID ALL 2J ITEMS TO 118 CONSIDERED FOR AWARD - EstbLated Rnnval cost for DeIray Beach GKAND TOTAL: $ 17.513.90 '* Pd.ting remainèd'sàme as last Bid. Authoriud Signature: Date: ". , BID #93-048/PR 7 ., Agenda Xtem No. '? f. :<1 AGENDA REQUEST Date: 05/09/94 Request to be placed on: XX Regular Agenda special Agenda workshop Agenda When: 05/17/94 Description of item (who, what, where, how much) : Staff requests Commission approve a contract award for Homewood Blvd. Sewer Extension PN 93-030, to Sullivan Brothers, Inc. , the lowest responsible responsive bidder in the amount of $154,923.50 (Bid tab attached) . The project includes construction of approximately 2739 feet of gravity sewer to serve residents on the east side of Homewood Blvd. between Atlantic Avenue and Highland Avenue. Funding For this project is from Account #441-5161-536-63.51, Capital outlay. ORDXNANCE/RESOLUTXON REQUXRED: J~J/NO DRAFT ATTACHED J~J/NO Recommendation: Staff recommends award of Contract for Homewood Blvd. Sewer Extension to SUlliva~ In~ f4, w~ 5//1 {f/of ~ DEPARTMENT HEAD SIGNATURE: ~ Determination of Consistency with Comprehensive Plan: city Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): ~ Funding available Y NO Funding alternatives -/tL-4ØV!ff1J5 Account No. , Descr'ption Account Balance S- City Manager Review: Approved for agenda: §/NO f1~( Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved , MEMORANDUM TO: David T. Harden City Manager ~ FROM: Richard C. Hasko, P.E. Deputy Director of Public utilities SUBJECT: HOMEWOOD BLVD. SEWER EXTENSION; PN 93-030 DATE: May 9, 1994 Attached is an agenda request with copies of the bid tabulation, consultant's recommendation and necessary budget transfer for award of the construction contract for the subject project to Sullivan Brothers, Inc. , the lowest responsible responsive bidder, in the amount of $154,923.50. The project includes the construction of approximately 2739 l.f. of gravity sewer along the east side of Homewood Blvd. to provide sewer service to residents between Atlantic Avenue and Highland Avenue. Project funding is from account #441-5161-536-63.51, capital outlay, sewer mains. RCH: jem c: William H. Greenwood, Director of Env. Svcs. Victor Majtenyi, Construction Manager Tech. f: 93-030 (D) r-. p.~ . . . . HAzEN AND SAWYER Hazen and Sawyer, P. C, 2101 Corporate Blvd. Environmental Engineers & Scientists Boca Raton, FL 33431 407997-8070 Fax 407 997-8159 May 3, 1994 Mr. Richard C. Hasko I Deputy Director/Public Utilities CITY OF DELRAY BEACH 434 South Swinton Avenue Delray Beach, Florida 33444 City of Delray Beach Homewood Park Sewerage Facilities Dear Mr. Hasko: On April 20, 1994, bids were received on the above referenced project. A total of five bids were received with Sullivan Brothers, Inc., being the lowest responsive, responsible bidder. Enclosed is a complete bid tabulation for the project. Based upon review of bids, it is recommended that Sullivan Brothers, Inc., be awarded the above referenced Contract. Also, the following references were contacted concerning Sullivan Brothers, Inc.: · Steve McGrew - Palm Beach County · Chris Novack - Port Everglades Authority · Keith Grant - Grant Engineering All of these individuals gave favorable references and assured me that Sullivan Brothers, Inc., is very capable of performing underground work. If you have any questions or need additional information, please give me a call. Very truly yours, :U;,SAWYER. P.C. " . / ;#lVV'(~ David L. Mathews Project Manager Enclosure c: Saade M. Chibani 4158-4.0 4158LOO1.BCA New York, NY . Armonk, NY . Upper Saddle River, NJ . Raleigh, NC . Charlone, NC . Richmond, VA . Hollywood, FL . Boca Raton, FL . Fort Pierce, FL . Jupiter, FL . Miami, FL . Bo<¡ota, D.E. Colombia . · City of Defray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date 05/09/94 (3) Interfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: Richard c. Hasko, P.E.~ (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 441-5161-536-63.90 Cap. Outlay - Other Impr. 61,200 441-5161-536-63.51 Cap. Outlay - Sewer Mains 61,200 (10) TOTAL 61,200 61,200 JUSTIFICATION: Transfer required to provide funding for Homewood Blvd. Sewer Extension Construction PN: 93-030. , , ~ ( /J Department Head ( ~ /C, JIJ4, ~ wlf7 5"/I(/~ Asst City Manager Budget Officer City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ^OI~I"IAI "11r"'\"r-r- '" A". A nv roll... rU".1/ ",r-,"""A. ,",,~..r-.,"'" I :r: ..... ~~~~~~~~~œ~~~~~~~~~~~ ¡;t!! ~ ~~~~~~~o ~>~m~> ~IO m Z » ~. ~~Z<~S~~~»ooo~~øœœœœ~ 10 Z 0 88~~~Sê~g~~~g~~~ºº~~ m ~ 0 ~~š::: z ~. 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'2. . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 9 A - MEETING OF MAY 17. 1994 REPORT OF APPEALABLE LAND USE ITEMS DATE : MAY 13, 1994 This item is before the Commission for acceptance of the report of decisions made by the various development related boards during the period May 2 through May 13, 1994. The following actions were considered during this reporting period. Site Plan Review and Appearance Board Meetin~ of May 4. 1994 A. Approved 6-0 elevations and signs for the addition of a Golden Goat aluminum can recovery machine at Sherwood Park Plaza, located at the southeast corner of SW 10th Avenue and Congress Avenue. B. Approved 4-2 elevations for the addition of hurricane shutters for the Spanish River Resort, located at the northeast corner of Atlantic Avenue and Seabreeze Avenue. C. Approved 5-0 elevations and a color change for Federal Auto Plaza, located on the east side of NE 6th Avenue, north of NE 4th Street. D. Approved 6-0, with conditions, an elevation change for the addition of an awning for the Gleason Street Cafe, located on the west side of Gleason Street, south of Atlantic Avenue. E. Approved 6-0 a color change for Park Place Condominium, located on the south side of SE 10th Street, west of Federal Highway. F. Approved 6-0 the site plan and associated landscape plan, elevations and waiver request for establishment of a child care facility for Little Lee Christian Academy, located on the west side of SW 13th Avenue, south of SW 2nd Street. Historic Preservation Board Meeting of May 4, 1994 X. Approved 7-0 COA 8-221, identification signs for Historic Swinton Avenue. > f1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T"é HARDEN, ~MANAGER THRU: g~~Í.ANNI~g~ ZO þ~~ , FROM: SUBJECT: MEETING OF MAY 17, 1994 REPORT OF APPEALABLE LAND USE ITEMS MAY 2, 1994 THRU MAY 13, 1994 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of May 2, 1994, through May 13, 1994. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides tha t the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. 9A , City Commission Documentation Appealable Items - Meeting of May 17, 1994 Page 2 PLANNING AND ZONING BOARD: The Planning and Zoning Board did not meet between May 2 and May 13. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF MAY 4, 1994 A. Approved (6 to 0) , elevations and signs for the addition of a Golden Goat aluminum can recovery machine at Sherwood Park Plaza, located at the southeast corner of SW 10th Avenue and Congress Avenue. B. Approved (4 to 2) elevations for the addition of hurricane shutters for the Spanish River Resort, located at the northeast corner of Atlantic Avenue and Seabreeze Avenue. C. Approved (5 to 0) elevations and a color change for Federal Auto Plaza, located on the east side of NE 6th Avenue, north of NE 4th Street. D. Approved (6 to 0) , with conditions, an elevation change for the addition of an awning for the Gleason Street Cafe, located on the west side of Gleason Street, south of Atlantic Avenue. E. Approved (6 to 0), a color change for Park Place Condominium, located on the south side of SE 10th Street, west of Federal Highway. F. Approved (6 to 0) the site plan and associated landscape plan, elevations and waiver request for establishment of a child care facility for Little Lee Christian Academy, located on the west side of SW 13th Avenue, south of SW 2nd Street. HISTORIC PRESERVATION BOARD MEETING OF MAY 4, 1994 x. Approved (7 to 0) COA 8-221, identification signs for Historic Swinton Avenue. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map , LOCATION MAP FOR CITY COMMISSION MEETING OF MAY 17, 1994 Q . w !i ! ~ ; ! ~ ~ c i ..J ~ .... r---.-.---- i Q . c ! i lAKE IDA ROAD i i ~ i i lr- ! ow '" .~ . ! . ~ Ø2~ ! ATLANTIC ! r---1 i § i ~ ! IJ)WSOM BOULEVARD i I I i ! ~ J f I æ J .. , ~ S~ Q 851 '" 2! I I w . I i -----.-.--...... ..-- l-.JI CANAL CITY LIM/T'S --- S.P.RAS. : H.P.B. : I aILE I A. - SHERWOOD PARK P\.AZA X. - HISTORIC SWINTON AVENUE I B. - SPANISH RIVER RESORT (FROM S.W. 10TIi STREET TO SCALE C. - FEDERAL AUTO PlA7A GEORGE BUSH BOlJ(.£VARD) D. - GLEASON STREET CAFE N E. - PARK PLACE CONDOMINIUM F. - lJTTlE LEE - CHRISTIAN ACADEt.IY crrY OF DELRAY BEACH, Fl PLANNINC DEPARTUENT -- DIGITAL IMSF MAP SYST9I -- , I . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 18 - MEETING OF MAY 17. 1994 SERVICE AUTHORIZATION NO. 2/DIGBY BRIDGES. MARSH & ASSOCIATES DATE: MAY 13, 1994 This is before the Commission to consider Service Authorization No. 2 in the amount of $29,500 to Digby Bridges, Marsh and Associates for additional compensation due to plan changes to the Golf Course Clubhouse project. It had not been anticipated that site drainage was inadequate and needed additional work, that separate toilet facilities would be necessary for the golfers and banquet patrons, and that new china and cutlery would be needed for 300 patrons. In addition, a new pro shop was not within the original project scope. The current cost estimate for the completed project is $2,192,074. This figure includes Service Authorization No. 2 at $34,000. The savings of $4,500 will be added to the contingency allowance. - Recommend approval of Service Authorization No. 2 to Digby Bridges, Marsh and Associates. ¡loJ;&fL id 6/7/9¿¡ & ~ fÆ- ~~ . ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager ~ From: ~ William H. Greenwood Director of Environmental Services Date: May 10, 1994 Subject: Agenda Request, Delray Beach Golf Course Clubhouse Service Authorization #2, Digby Bridges, Marsh & Associates Project Number 93-18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff requests City commission consideration of Service Authorization #2 (see attachment A) to the contract with Digby Bridges, Marsh & Associates, in the amount of $29,500.00. This is for additional compensation to cover plan revisions following review of project and compliance with established budget. The project Request for Qualifications (RFQ),(see attachment B), indicated that the consultant was to provide a design which provided approximately 15,000 square feet, including accommodations for a banquet facility of approximately 300 people. Additionally, Service Authorization #1 (see attachment C), directed the consultant to provide the City with a plan for the new Golf Course Clubhouse of ± 15,000 square feet, including banquet facility for 300 persons. Beginning on January 25, 1994 City staff and the consultant have met weekly to review the progress of the plan which was further defined to meet the requirements of the City Commission and the practical operational needs of the operator. At these meetings, various issues were raised by the consultant which have had an impact on the cost of the proj ect. Some of these were not anticipated in the beginning, such as: A. The consultant anticipated keeping the existing site elevations as is, however after surveys were provided and topographic data became available, it was evident that the site drainage was inadequate and needed additional work. This represented over $100,000.00 in additional cost. B. The pro-shop was to have remained at the current size, however this was enlarged to meet the real needs of the sales area. C. Separate toilet facili ties became necessary for the golfers vs. the banquet patrons, thus increasing the cost of plumbing and finishes. , · O. The cost of new china and cutlery for 300 patrons was not indicated as part of the original budget, but is now included. These comments, and others, which in the opinion of City staff make for a better product, clearly have had an impact on the overall cost of the project. Detailed minutes of these weekly meetings have been kept, and are available for review. Following numerous reviews, and adjustments made to the plan, the consultant was able to determine the cQst, and on April 20, 1994 the consultant presented his first detailed cost estimate in the amount of $2,542,458.00. This was in excess of the established budget of $2,200,000.00. The consultant met with City staff and then with City commission and was directed to make whatever revisions required to corne within the budget, while maintaining as much as possible the required areas and seating capacity. Following this meeting the consultant has met with staff and changes were made to the plan which still provides the basic requirements of the program, while reducing the cost of the project to be wi thin the required budget. The current estimate is at $2,192,074.00 (see attachment 0). This figure includes the additional $29,500.00 for Service Authorization #2, but is indicated at $34,000.00 since it was done prior to our final- negotiated price and will be adjusted accordingly. The city Attorney has made reference to section II, paragraph D (see attachment E), as sufficient cause to require the consultant to make necessary changes at no cost to the City, unless directed by the city. In this case, the City participated in the final space allocations which contributed to the final product affecting the budget. The consultant developed the additional cost for Service Authorization #2 by requesting from his consulting engineers cost to revise their work to comply with the revised plan. This totalled over $55,000.00, however based on the percentage of completion by the various firms, he was able to cut that figure back to $34,000.00. Staff has reviewed the proposed amount for this work and also reviewed the contract, section II, paragraph D, and have been able to reach a new negotiated price of $29,500.00 for the additional work and finds that this request is justified. Attachments cc: José Aguila File: 93-18 (0) \ESD\9318\sa2mem ATTACHMENT A DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. CONSULTING SERVICE AUTHORIZATION DATE: January 20, 1994 SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 445-4763-572-31.30 PROJECT NO. 93-18 (CITY) 90-24 Digby Bridges, Marsh & Associates, P.A. TITLE: CITY OF DELRAY BEACH PUBLIC GOLF COURSE CLUBHOUSE This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreements dated January 20, 1994, between the City of Delray Beach and Digby Bridges, Marsh & Associates, P.A., as well as Service Authorization #1 dated 1/25/94. I. PROJECT DESCRIPTION Provide necessary revisions· to plans as discussed on 3 May 1994 at city commission meeting in order to comply with established budget and building size, including a reduction of seating capacity to a 250 seat banquet facility. II. SCOPE OF SERVICES Same as Service Authorization #1 dated 25 January 1994. III. BUDGET Compensation for services described above and in addition to those listed in Service Authorization #1 shall be in the lump sum of $ 29,500.00. IV. COMPLETION DATE A. It is the purpose and intent of the city to have the Golf Course Club House complete and in operation by July 15, 1995. The completion date for the plans, contract documents and permit applications is May 23rd, 1994. Time is of the essence for the completion of architectural and construction portions of the project. . , . - . c , This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: DIGBY BRIDGES, MARSH & ASSOC., CITY OF DELRAY BEACH: P.A. Date Date Thomas E. Lynch Mayor Attest: BEFORE ME, the foregoing instrument, this c¡ -J-" da y 0 f ("('V; '-( , 1994 was acknowledged by Approved as to Legal ~ "~ ßt'~ ,.\~( ~ on b ~f of he corporation Sufficiency and Form and said person executed the same free and voluntarily for the purpose there- in expressed. , Witness my hand and seal in the county and state aforesaid this q day of mill.( , 1994. ~ Notary Public 1M. ~ state of Florida My commission Expires: "~':::.:.""''''''~ ~'fJ:l'f 1-----~ 988' 'gz \Idy :œ.æ .~ \ 89L98' 00 , NCHSINfOO AN ~~~ !If.>:4.:! '~N NNY 331 ........f,.,.... 0/................... . . . . ~. þ . . .: ....;. . ' ,: .', . . .". ' ATTACHMENT B CITY OF DELRAY BEACH, FLORIDA REQUEST FOR QUALIFICATIONS RFQ #94-09 The City of Delray Beach, Florida, in compliance with Section 287.055, Florida statutes, and Chapter 36 of the City Code of Ordinance hereby makes public announcement that the City desires to engage the professional services of an architectural firm. The tasks include furnishing plans and specifications as follows: Golf Course Club House. The City desires to have designed and built an approximately 15,000 square foot golf course club house at it' s municipal golf course. Architectural services are required for complete plans, specifications and contract documents, to include club house building, Qanquet and restaurant facilities, interior design, site, parking, lighting, landscaping and associated facilities. Banquet and restaurant facilities will be required to accommodate approximately 300 people. The project will include the phases of plan development, namely preliminary design and cons v I tat ion , final design, contract documents, permi ts, bidding, award and construction- administration and inspection, subject to the city's specific needs. Firms shall supply a certificate of existing insurance for general and professional liability, and indicate the amounts of coverage. The City shall require this insurance in the amount of $1,000,000.00. The time frame to complete contract documents, bidding, award and construction is critical. It is the City's intent to have the Golf Course Club House completed and operational no later than December 1, 1994. To be considered qualified for this project firms will have to have previous experience in club house and/or resturant banquet facilities and interior design. Drawings of previous work may be required for presentation to the City commission. The firm must also be able to meet the project design and construction schedule. Selected firms will be required to enter into a fixed price contract with the city, and must have a certified interior designer as part of their design team. The submittal package shall include SF 254 and 255 which shall . include the names, and qualification of the individuals who will be assigned to the project and their background in the design of similar club house facilities, references, and a list of all similar projects. Interested firms shall submit four (4) copies of their qualifications package plus one set of site plans (and elevations) of a recently completed golf course club house and/or ; resturant/banquet facility if available. The qualifications - should include credentials of the firms current personnel, ability to perform, business stability and references. Qualification packages should be submitted to the Purchasing Division, City Hall, 100 N.W. First Avenue, Delray Beach, Florida, 33444 on or before 5:00 p.m., November 23, 1993. , --ATTACHMENT C DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. _~ CONSULTING SERVICE AUTHORIZATION DATE: January 20, 1994 SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 445-4763-572-31.30 PROJECT NO. 93-18 (CITY) Digby Bridges, Marsh & Associates, P.A. TITLE: CITY OF DELRAY BEACH GOLF COURSE CLUB HOUSE This Service Authorization, when executed, shall be incorporat- ed in and shall become an integral part of the Agreement dated January 20, 1994, between the City of Delray Beach and Digby Bridges, Marsh and Assoc., P.A. I. PROJECT DESCRIPTION Preparation of site plans, construction documents, obtaining related approvals, assistance in bidding, and construction administration services for the design and construction of a +15,000 sq. ft. golf course clubhouse. - The club house šhall include a 300 seat banquet facility, pro shop, locker room and related facilities. ~ The club house will be located at the City's Municipal Golf Course. II. SCOPE OF SERVICES A. The services the consultant shall provide, shall include all planning, design, construction administration and coordination services necessary for the construction of the Delray Beach Golf Course Club House. B. Demolition plan of the existing clubhouse and renovation of existing bag storage and proshop building and related parking area. C. The services to be provided shall include the following phases as listed in the Agreement for Architectural services: Phase I - Master Plan/Schematic Design Phase Phase II - Design Development Phase Phase III - Construction Document Phase Phase IV - Bidding/Negotiation Phase Phase V - Construction Contract Administration Phase Phase VI - Resident Project Representative (RPR) ,-- Service Phase. Not included at this time. D. In addition to the work outlined in the phases the following shall also apply: 1 - - 1. In addition to the components listed in Phases I through V the architect shall be responsible for preparation of landscaping plans (to include xeriscaping) , irrigation plans, interior design, civil engineering, structural engineering, mechanical engineering, plumbing engineering, fire protection plans, electrical engineering (including provision for emergency electrical service plugs) food service and laundry service plans. 2. The design of the club house facility shall accommodate the existing city utilities and golf course facilities and provide concrete vaults, submersible pumps and revised electrical service and piping as required. 3. Design and construction schedule shall be submitted to the city on Primavera computer software and clearly display the critical path. All approvals, meeting dates and major events shall be identified. Schedule shall be submitted to the city on January 31, 1994. - 4. Final construction documents shall be completed on Auto Cadd Versio~ 12. I 5. The consultant (and contractor when construction begins) shall attend weekly progress meetings at the City to monitor the status of design and/or construction and coordinate activities. Meetings shall be helè on Thursday at 2:00 p.m. The meetings shall commence on February 4, 1994 and shall continue each Thursday until project is completed. This schedule shall be adhered to unless altered by the city. 6. Consultant shall provide all services necessary to obtain approvals required, which may include, but not necessarily be limited to the following: Florida Department of Health and Rehabilitative Services South Florida Water Management District Palm Beach County Department of Environmental Resource Management Lake Worth Drainage District City of Delray Beach site Plan Review and Appearance Board City of Delray Beach Department of Environmental Services City of Delray Beach Building Department City of Delray Beach City Commission The consultant shall furnish all materials and make presentations to these governing bodies as required to obtain all necessary approvals. 2 , - 7. Consultant shall coordinate and provide for all utility services and relocations as required. utility coordination and services may include: Electric power Telephone Cable TV/multi media Water (Including raw water mains & wells) Sewer Gas Landscape Irrigation City shall pay costs to relocate utilities. E. Soil testing shall be provided by the Consultant (up to four standard penetration tests.) In the event of poor soil conditions the City will pay for additional soil testing, reports and recommendations when authorized by the city Manager. F. Architectural Renderings III. BUDGET Compensation for the services shall be as follows: A. Method I - Lump Sum (See VII A.1 of Agreement) - Phase I $ 15,900 Phase II 15,900 ,- Phase III 86,~___. (\)('2.')0 -t 't. 'r',YÍ':...\)l)('¢ Phase IV 12,950 ( Phase V 31.800 c.+t.+1çc / Total not to exceed $163,000 B. Method II time charges/not to exceed budgeted amount (see VII A.2 of Agreement). 1. All expenses associated with the preparation and reproduction of drawings and specifications for the development of plans and contract documents shall be at the consultant's expense. The City shall pay reimbursable expenses for plan review, permitting application cost, bidding and printing cost associated with plan review sets, permi tting sets, bid sets, and construction documents sets. Reimbursable expenses shall not exceed $15,000.00 as per paragraph VII. 2 . b of the standard agreement. These reimbursab13 expenses include consultants travel cost. 2. Architectural rendering $ 2,000, - Consultant shall prepare and deliver to the City a colored, three dimensional, framed rendering no later than April 22, 1994. 3 ., . _ IV. COMPLETION DATE A. It is the purpose and intent of the city to have the Golf Course Club House complete and in operation by December 15, 1994. The completion date for the plans, contract documents and permit applications is . April 22, 1994. Time is of the essence for the completion of architectural and construction portions of the project. This service authorization is approved contingent upon the city's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the c0ntract without a further notice to proceed. Approved by: DIGBY BRIDGES, MARSH & CITY OF DELRAY BEACH: ASSOC., P.A. - - ~ j) I&/J~ ~I &£5 (P~t or Type) Title: (XE,s I »eN í Attest: ~ . . BEFORE ME, the foregoing instrument, this ~ I ~ day of Jï~~ ' 1994 Approved as to Legal was acknowledg d bY~/&.Ø~ ~~/~é5 ~Cj{ -&rm on beh~lf of the Co por Hon ~, , and sa1d person executed the ~~~ ~~ same free and voluntarily for the purpose there-in expressed. witness my hand and seal in the County and stat~ af]ðsaid this :2J ~ da~ ¡of ~v~ ' 199)~ Notary Public State of Florid My Q1.ss.o . .,.. CSA318-1. MRM · · tlt May 2. ,. 4 .' ,'I _1MU1NIffMI......... ., ~_. .' . DELRAY BEACH GOLF CLUB HOUSE CONSTRUCTION BUDGET ESTIMATE ATTACHMENT D DEMOLITIONS Demolition and Asbestos Abatement $35,000 BUILDINGS Clubhouse 11,644 sf $90.00 $1,047,960 Proshop and Store 1,599 sf $90.00 $143,910 Porte Cochere 1,613 sf $25.00 $40,325 Covered Porches 1,194 sf $25.00 $29,850 , Breezeway 328 sf $15.00 $4,920 $1,266,965 16,378 sf SITEWORKS As per BiJl of Quantities with reductions $276,609 - FURNITURE, FITTINGS and EQUIPMENT ~ Furniture, Carpeting, Wall Covering (CCD items) $200,000 Kitchen and Bar Equipment $150,000 China, Glassware, Cutlery $20,000 $370,000 Add: $1,948,574 Contingency Allowance $30,000 $1,978,574 PROFESSIONAL FEES Professional Fees $163,000 Professional Fees for Changes $34,000 Reimbursables $15,000 Architectural Rendering $1,500 $213,500 CONSTRUCTION BUDGET ESTIMATE $2,192,074 :0 · . -- ''-'" ATTACHMENT E ~ II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSUL- TANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. L D. The City has established a budget for each project ~ ~ awarded to CONSULTANT. The CONSULTANT shall be - responsible for providing, at no additional cost to the city, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the profes- sional quality, technical accuracy, timely comple- tion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifica- tions, reports and incidental professional services - 3 I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ['7L 1 SUBJECT: AGENDA ITEM # q C - MEETING OF MAY 17. 1994 RESOLUTION NO. 40-94 DATE: MAY 13, 1994 This is a resolution in support of efforts of "Save The Old Courthouse, Inc." to secure state grant money to save the 1916 Palm Beach County Courthouse. The restoration of the old courthouse was recently selected from 59 competing projects to receive a State Historical Preservation matching grant of $43,822. This money will pay for Phase I of engineering, architectural and historic surveys and documenta- tion. A second grant application will be for the large speoial category grants to conduct actual brick and mortar restoration work. Recommend approval of Resolution No. 40-94 in support of "Save The Old Courthouse, Inc." - , ~~ "9<') I'"' ~ v~ ~aUt ~t ( f)[b ~ourtbou5t, Jhi~t- ~<".9 /~ð 1ßahn jitatþ ({ount!, ~~", ~ r ?~ April 26, 1994 ~ ~ Honorable Thomas E. Lynch, Mayor City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Mayor Lynch: Attached please find a draft resolution regarding the restoration : of the Old 1916 Palm Beach County Courthouse. I am requesting that the City Commission consider this resolution supporting SAVE THE OLD COURTHOUSE, Inc. ' s ~fforts to secure state grant money and restore the building. The restoration of the Old 1916 Courthouse was recently selected from 59 competing projects from around the state to receive a State Historical Preservation matching grant of $43,822. This money will pay for the first phase of engineering/architectural and historic surveys and documentation. The next grant application SAVE THE OLD COURTHOUSE, Inc. will submit is for the large Special Cateqory Grants to conduct actual brick and mortar restoration work. I would like to include your resolution with this application which is due June 15, 1994. Your support is vital to the success of this project and will help bring historic grant money into Palm Beach County. If I can answer any questions, please contact me at 844-1399. Your assistance is greatly appreciated. Inc. attachment cc: David Barden, City Manager /mbb.reso Pose Office. Box 418· West Palm Beacn. Florida 33402. (407) 844-1399 . RESOLUTION NO. 40-94 A RESOLUTION OF THE CITY COMMI~SION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING THE HISTORIC VALUE OF THE 1916 OLD PALM BEACH COUNTY COURTHOUSE AND THE COMMITMENT AS CUSTODIANS OF OUR HISTORIC STRUCTURES FOR FUTURE GENERATIONS. WHEREAS, historic public buildings are a rare and valuable asset which contribute greatly to the character of our area and our quality of life; and WHEREAS, the 1916 Palm Beach County Courthouse has continuously served the citizens of Palm Beach County for the last 78 years; and WHEREAS, the Commission of the City of Delray Beach, Florida, understands we are the custodians of our historic structures for fut~re generations and is committed to historic preservation as demonstrated in the City's Historic Preservation Ordinance No. 13-87; and WHEREAS, the history represented by the 1916 Palm Beach County Courthouse belongs to all the citizens of our County; and WHEREAS, the restored 1916 Courthouse will serve the community by creating space for public use; and WHEREAS, the 1916 Palm Beach County Courthouse is under the threat of complete destruction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby supports the efforts to secure state grant money to save the Old 1916 Palm Beach County Courthouse for the enjoyment and use of the citizens of Palm Beach County and future generations. PASSED AND ADOPTED in regular session on this 17th day of May, 1994. MAY 0 R ATTEST: City Clerk . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!JJ1 SUBJECT: AGENDA ITEM i 9D - MEETING OF MAY 17. 1994 SERVICE AUTHORIZATION NO. 11/GEE & JENSON DATE: MAY 13, 1994 This is before the Commission to approve items A, B and C of Service Authorization No. 11, in the amount of $7,550, to Gee & Jenson to provide further recommendation on protection of City Hall from hurricane damage. The work consists of detailed structural evaluation, destructive testing and preparation of possible repair/remedial action plans and storm hardening measures for specific areas of the original City Hall and the 1982 addition. Recommend approval of items A, Band C of Service Authorization No. 11, with funding from General Construction-Building (Account No. 334-6111-519- 62.10). ~~-O , I . -<;117 /i. f.-rr '/k¡. . '-- ) . k Cq,,,,,;~ \ ê- ~ renda Item No. ~ '"t:: '-< '7;)~~'L'2' C'1 .<: 'H'1-A J), ( , ,j /' ¿~.....,. ¿ @< Date: May 11, 1994 Request to be placed on: X Regular Agenda -- -- Special Agenda Workshop Agenda When: May 17, 1994 Description of item (who, what, where, how much): Staff reauest City Commission Approve Service Authorization #11 to the contract with Gee & Jenson in the amount of not to exceed $11.800.00. The work consists of a detailed structural evaluation. destructive testing and preparation of possible repair/remedial action plans and storm hardeninq measures for specific areas of the second story of the city Hall Facility. Funding is available under the General Construction Fund. Building Account No. 334-6111-519-62.10. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of items A. B. and C at this time for a not to exceed sum of $7.550.00 and allow the balance of the work indicated on item D to be performed at the discretion of the cit Mana er for a sum of not to exceed 4 250.00 for a total of 11 800.0 . Department head signature: Determination of Consistency with comprehensive Plan: ci ty Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): . Funding available:~NO Funding alternative' - (iæ; apPltfm¥ê/.{ AccountNo. & Descr~Ptiqn~Lf -~7111- Sf1-.(¡Z-fO "5!CAf. ç (,{Cl1tJJ FUN]) Account Balance 1 I ~;ilo.} , , , 'ß U I L D / tJGzs, City Manager Review: 6: ¿f'1 4 ' , Approved. for agenda: ,~N ' , _~ L?j c/' '. _~-. <k,--<-~(~=th.'/:"K~ ~Y'~ Hold Untll: ('~' &Æ' -l .~~'" /. " .' 7+-'- '¡5I~:;t, -. -IAa' Agenda co,?rdinator Review: f A B ~ \. L ('-"<'5-' ',~ ~'. (,.-<~ Rece1ved: \. { " ,l.., vr Placed on Agenda: _~--:cL- Gv..'v"v'-1~ f.... "}, Action: Approved/Disapproved \esd\9419\agreq517 , . . ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager ~ From: ~"William H. Greenwood Director of Environmental Services Date: May 11, 1994 Subject: Agenda request, Service Authorization #11 City Hall Facility potential hurricane damage mitigation Project No. 94-19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Staff request City commission approve Service Authorization #11 to the contract with Gee & Jenson in the amount of not to exceed $11,800.00. The work, as presented at the City commission Workshop of May 10, 1994, consists of detailed structural evaluation, destructive testing and preparation of possible repair/remedial action plans and storm hardening measures for specific areas of the second story of the City Hall Facility. Attached is a memo dated April 7, 1994 which further details the work to be done. Staff recommends approval of items A, Band C, as listed on the Service Authorization, at this time for a not to exceed sum of $7,550.00 and allow the balance of the work indicated in item D to be performed at the discretion of the City Manager for a not to exceed sum of $4,250.00, with a combined total of $11,800.00. Funding is available under the General Construction Fund, Building Account No. 334-6111-519-62.10. Attachment cc: José Aguila File: 94-19 (D) \ESD\9419\ccmemS17 , . . . CONSULTING SERVICES AUTHORIZATION Date: May 9, 1994 Service Authorization No. 11 for Consulting Services City P.O. No. City Expense Code Title: City Hall 1982 Addition - Storm HardeninQ Measures This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. I. PROJECT DESCRIPTION The services include detailed structural evaluation, destructive testing and preparation of possible repairlremedial action plans, and storm hardening measures for specific areas of the second story (1982 addition) of the City Hall as discussed in Gee & Jenson memo of April 7, 1994, conceming service authorization #11. II. SCOPE OF SERVICES: A. Wind Resistance Analysis Perform a detailed structural analysis of existing facility's lateral wind resistance characteristics. Identify any areas of apparent weakness in the structure and the building envelope. Classify the probable mode(s) and location(s) of potential failures and resulting collateral damage. This item requires a detailed study of all available design documents, specifications and shop drawing records, as well as some destructive testing and other on-site activity. 8. City Clerk's Vault 1. Evaluation This evaluation would occur after the results of Scope item A are available. Specific modes of failure directly affecting the Clerk's Vault would be identified. Some additional field activity and testing may be required. 2. Remedial Recommendation Develop and present possible concepts to repair, reinforce or to minimize damage from the potential risks identified in the evaluation exercise. C. Computer Services (MIS) Support Area 1. Evaluation This evaluation should be combined with similar activities being performed for the Clerk's Vault, owing to their proximity to each other within the facility. Specific modes of failure, either structural or envelope related would be identified in conjunction with the results from Scope Item "A". The methods of this evaluation are the same as above. 2. Remedial Recommendation: Develop and present possible concepts to repair, reinforce or to minimize damage from the potential risks identified in the evaluation exercise. D. Miscellaneous Services 1. Storm Category Rating of the 1982 Addition: Evaluation: This evaluation, again, is part of the overall analysis process, which will be performed in items "A", "8" and "C" above. It is difficult to pin-point an exact limit state at which a building structure will fail, since a building is a conglomerate of materials and assemblies, many of which cannot be readily quantified after construction is completed. However, using some reasonable judgements about building assemblies and local construction practices, a conservative estimate could be developed. It should be known that, in the absence of exhaustive field verification and significant destructive , - . Item D $ 4,250. $11,800. III. Completion Date: Items A , Band C of the Scope of Services will be completed within 45 days of authorization: Item D of the Scope of Services will be completed by December 1994. (except for delays beyond the reasonable control of the Consultant). IV. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: ( Gee & Jenson E-A-P, Inc.) Date Date By: Thomas E. Lynch Russell C. Devick, P.E. - Senior Vice President Mayor (Seal) Witness Witness Attest: Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of May, 1994 by Russell C. Devick, P.E., Senior Vice President of Gee & Jenson Engineers-Architects-Planners, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and did not take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped m.lwrslauthcyha " testing, the end solution is at best an educated estimate. 2. Window Safety Laminate: Evaluation: A product search would be performed gathering available information as to existing available products, performance histories and costs, for after market applied safety laminates for exterior glazing. Remedial Recommendation: If such products can be evaluated to represent a suitable alternative to other window protection methods, such materials could be qualified for use on municipal facilities. Cost estimates could then be prepared for application to the City Hall facility. 3. Interior Hardened Space: Evaluation: The existing building plans would require a detailed study to determine the most likely interior area to be isolated and "hardened" against storm damages within the 1982 addition. This, again, involves a detailed structural analysis and investigative field work to identify and quantify the existing facility's specific weaknesses and recommend remedial measures to improve the facility. 4. Roof Tile Projectile Risk: Evaluation: Once in place, roof tiles generally cannot be further secured by any discrete means. However, roofing experts would be consulted in order to answer this question definitively. E. Additional Services Provide additional services as mutually agreed upon by both parties. Items to be Furnished by Client At No Expense to the EnQineer Assist Engineer by furnishing, at no cost to the Engineer, all available pertinent information including previous reports, existing drawings and specifications and any other data relative to performance of the above services for the project. It is agreed and understood that the accuracy and veracity of said information and data may be relied upon by the Engineer without independent verification of the same. Designate in writing a person to act as the Client's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to materials, equipment, elements and systems pertinent to the Engineer's services. Time of Performance The Evaluation and recommendation Phases of both items "A" and "B" above will be completed within 45 calendar days after receipt of Notice to Proceed, except for delays beyond the reasonable control of the Engineer. The evaluation phase and recommendation phase for item C above will be completed by December 1994, except for delays beyond the control of the Engineer. Fees to be Paid Basic Services: For items "A" , "S", "C" and "0" above, comprising the total scope of services for Service Authorization No. 11, the Engineer will be paid an hourly fee of (not to exceed) Eleven Thousand Eight Hundred Dollars ($11,800.00). For Item E of the Scope of Services, hourly charges as mutually agreed upon. Item A $ 3,400. Item S $ 2,450. Item C $ 1,700. ., MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ¡Ø'CITY MANAGER SUBJECT: AGENDA ITEM i c¡r;- - MEETING OF MAY 17. 1994 REOUEST FOR CONTRIBUTION/SOUTH FLORIDA DYNAMICS. INC. DATE: MAY 13, 1994 This is before the Commission to consider a request from South Florida Dynamics, Inc. for a contribution of $1,000 towards a baton twirlers group trip to the America's Youth Parade, an international level competition to be held at the University of Notre Dame in July, 1994. These twirlers participate in the baton program sponsored by the Delray Beach Recreation Department, and practice at the City's Community Center. Funding will be provided through budget transfer from Contingency (Account No. 001-6111-519-99.02) to Other Grants & Aid (Account No. 001-6311-572-83.01). Recommend consideration of $1,000 contribution to South Florida Dynamics, Inc. to support their competition at the University of Notre Dame. ~ 11-0 . · '9~ Donna BuUerdick 0lj t,;- O~~ Vice-President South Florida Dynamics, Inc. ~~ // ~ ~<:) RE: 65-047-3030 ~/.1 ~ '~, if 535 N. W. 4th Ave .r /)/. Dekay Beach, FL 33444 'l~ ¡: City Manager and Dekay Beach City Council Delray Beach Fl 33444 Dear Members, I am writing you on beha1f of the South Rorida Dynamics, Inc. We are a non-profit organization whose main pwpose is to provide monetary support for an exceptional group of baton twirlers. Our aim is to establish a scholarship fund to assist twirlers and provide travel expenses for them. These twirlers participate in the baton program sponsored by the Dekay Beach Recreation Department and practice at the Dekay Beach Community Center. We also participate in your annual Christmas parade. We have planned a trip for the America's Youth on Parade, an intemationallevel competition to be held at the University of Notre Dame in July, 1994. Last year this competition drew 10,000 twirlers from an over the world. Participants came from the Far East and Europe, as well as Canada and the fifty states. At that competition, the South Rorida Dynamics were named Nationa1lWorld champions for their rendition of "All That Jazz." Imagine our excitement when the announcer said, "...And in first place,...from Florida,.......the 1993 Junior W orld/National danceJine champions,... The South Florida Dynamics!" We heard our name announced many tUnes during that week and our twirlers captured many "Top Ten" awards in both group and solo events. The thrill of victoty is certainly sweet It has provided incentive for the twirlers to work even harder this year in anticipation of a return trip to the national competition. A trip of this magnitude requires a great deal of preparation. It's nice to know that in today's world of drive-by shootings, drug abuse, and other acts of violence, there are still some young people who are willing to devote many hours each week to developing their skills. They know that working together is the means of achieving their goal. These twirlers are working very hard to achieve a high standard of excellence in order to be good representatives of the DeJray Beach community. Weare asking for your help in raising money to purchase plane tickets, pay for hotel rooms, and pay entty fees for the competition. It costs about $1000 per twirler to attend this week long competition. Our needs also include a large banner to hang in the Notre Dame Arena, props for the routines and sweatsuits for the girls. Your donations will help a group of local children who are working to develop skiDs, uphold sportsmanship, and attain a goal. We certainly hope Dekay Beach, one of the top ten cities in the nation, is wiDing to support us in this endeavor. We need your help as civic leaders and Roridians. We sincerely hope you are the type of organization we are and that you could help an extraordinaty group of girls reach out for their goal of being World Champions in 1994. We will represent ourselves and Rorida by being the best in our sport, and the best in class in the world. This is what we strive for in our organization. These are our goals and our aim, I hope you will make it yours. I hope you could consider out request on your May 17 agenda meeting. Sincerely, ~y~ Vice-President South Rorida Dynamics Inc. I . City of Dekay Beach Departmental Budget Transfer ) Departmental Une Transfer (2) Date 12-May-94 (3) Interfundllnterdepartmental Transfer (4) Batch Number UI1lJa Turnage. Budget Adrnlnl~lrator (5) Requested By: (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 001-6111-519.99-02 Contingency 1.000 001-6311-572.83-01 Othcr Grants & Aid 1.000 (10) TOTAL 1.000 1.000 JUSTIFICATION: P,ovide funding to sponsor the South Florida DynarJ1ics. Inc. baton twirlers in an international competition to be held at the University of Notle Dame May 17 Agenda. ~ ~~-~ f"\ ì I , -------- / .~. JÅ - j '5f3/9+ Department Head / , /...-\ Asst City Manager Jdget Officer (/ ) '" \ City Manager , \ \. ~. \/ ) (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [~!-? SUBJECT: AGENDA ITEM i "F - MEETING OF MAY 17. 1994 INITIATION/COMPREHENSIVE PLAN AMENDMENT 94-2 DATE: MAY 13, 1994 This is before the Commission to formally initiate Amendment 94-2 of the City's Comprehensive Plan. This amendment focuses on land use issues. Pursuant to LDR Section 9.2. 1, "A Plan Amendment shall only be initiated by formal action of the City Commission. II Recommend initiation of Amendment 94-2 of the City's Comprehen- sive Plan. - , · - "- CITY COMMISSION DOCUMENTATION TO: David T. Harden, City Manager .~~r FROM: Diane Dominguez, Dir~ Planning and Zoning SUBJECT: MEETING OF MAY 17, 1994 INITIATION OF COMPREHENSIVE PLAN AMENDMENT 94-2 ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of initiatinq Amendment 94-2 to the City's Comprehensive Plan. Pursuant to LDR Section 9.2.1, "a Plan Amendment shall only be initiated by formal action of the City Commission." Thus, this item is before the Commission for formal action. BACKGROUND: - The City is allowed to enact two amendments to its Comprehensive Plan each year. The first amendment (94-1) will be transmitted to the State for review after the Commission transmittal hearing on May 17, 1994. The second amendment (94-2) focuses on land use issues. The Planning and zoning Board will formally review this item at its meeting of May 16, 1994. After consideration, the Board's recommendation will be forwarded to the City Commission. RECOMMENDED ACTION: By motion, initiate Comprehensive Plan Amendment 94-2 pursuant to the recommendation of the Planning and Zoning Board. Attachment: * P&Z staff report of May 16, 1994 T:\advanced\CCINIT.DOC , · , P & Z Board Staff Report Recommendation to the City Commission Regarding the Initiation Plan Amendment 94-2 Page 2 Medium Density Residential (City) as part of an annexation request. TEXT CHANGES: 1- Changes resulting from proposed LDR amendments related to post disaster reconstruction. 2. Changes to the Land Use/Zoning Matrix and other areas to accommodate the OSR zoning district. 3. Changes relative to the Silver Terrace Redevelopment Plan. SCHEDULE FOR REVIEW: The tentative schedule for processing Plan Amendment 94-2 is as follows: May 17: Initiation by City Commission - July 11: P&Z Board Worksession as necessary July 18: P&Z Board Hearing August 2: City Commission Transmittal Public Hearing The City will request an ORC Report from DCA to shorten the overall processing time. Late October: Receipt of ORC Report Late December: Adoption RECOMMENDED ACTION: By motion, recommend that the City Commission initiate Comprehensive Plan Amendment 94-2, containing the material stated in this staff report. ¡ /7, ._ Report prepared by: John Walker / / ./', / / /~~ Reviewed By: Diane Dominguez T:\advanced\PZINITX , , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tfJt/ SUBJECT: AGENDA ITEM it c¡Q, - MEETING OF MAY 17. 1994 WAIVER OF LAND DEVELOPMENT REGULATIONS/BOAT LIFT 929 FERN DRIVE DATE: MAY 13, 1994 This item is before the Commission to approve a waiver to LDR Section 7.9.11(A) governing projection of a boat lift for 929 Fern Drive (Maguire residence). Section 7.9.11(A) provides that a boat lift in the raised position shall not extend more than 10 feet over the waterway from the property line or seawall or bulkhead, whichever is nearer to the waterway. This lift will require a total of 19 feet from the seawall (14 feet for the lift and 5 feet for the dock) . The lift will require dock installation because of the lack of available space on the seawall when side yard setbacks are considered. This waiver meets the following criteria set forth in Section 2.4.7(B)(5): (a) It will not adversely affect the neighboring area as the lift is well within the dolphin piling line. (b) It will not significantly diminish the provision of public facilities. The canal in this area is over 100 feet wide. (c) It will not create an unsafe situation since it will not diminish the clearance of the waterway or impair navigation. (d) It does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Recommend approval of a waiver to LDR Sections 7.9.11(A) based on it meeting all the criteria of Section 2.4.7(B)(5). ~ i/-o , . . . Agenda Item No.: C¡~ -"GENUA REQUEST Date: May 3, 1994 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: May 17, 1994 Description of agenda item (who, what, where, how much): Request waiver to L.D.R. Section 7.9.11(A) governing boat lift at 929 Fern Drive for the Maguire Residence. Boat lift needs to be installed on dock due to lack of available space on seawall. ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO Recommendation: Staff is recommending City Commission approve this waiver request to Section 7.9.11(A) based on it meeting all the criteria of Section 2.4.7(B)(5). Department Head Signature: ~-~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds) : Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: 1\pproved for agenda: §/ NO t7~ ) Hold Until: í Agenda Coordinator Review: Received: Action: Approved/Disapproved , I MEMORANDUM TO: David T. Harden, City Manager FROM: Lula C. Butler, Director of Community Improvement ~ REF: Request for Waiver of Section 7.9.11(A) of Dock Code for Boat Lifts for Maguire Residence, 929 Fern Drive DATE: May 3, 1994 ITEM BEFORE THE COMMISSION: - - City Commission consideration of waiver to the City Land Development Regulations 7.9.11 (A) governing the boat lift at 929 Fern Drive. BACKGROUND: Section 7.9.11 (A) requires boat lifts not to extend more than 10 feet into the waterway. This lift will require a total of 19'-0" from the seawall (14'-0" for the lift and 5'-0" for the dock). The boatlift will require installation on the dock because of lack of available space on the seawall when side yard setbacks are considered. Pursuant with the provision of Section 2.4.7(B)(S) the literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning therefore, the City Commission waiver is the only avenue for this applicant. The findings of fact are in compliance with the following criteria: (a) This waiver will not adversely affect the neighboring area as the boat lift is well within the dolphin piling line; (b) It shall not significantly diminish the provision of public facilities. The canal in this area is over 100' wide. (c) It shall not create an unsafe situation or cause any problems in the canal or adversely change navigational conditions; or, (d) The boat lift does not grant the applicant special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. . 949 Fern Drive May 17, 1994 Page 2 RECOMMENDATION: Staff is recommending City Commission approve this waiver request to Section 7.9.11(A) based on it meeting all the criteria of Section 2.4.7(B) (5). JS7/Maguire.CC , · :~, BOCA ,'.., :'." ~ ."···,Y.",,,>" DOCK'~' mSEAWALL ~ March 30, 1994 City of Delray Beach Mr. Jerome Sanzone 100 N.W. 1st Ave. Delray Beach, FL 33444 0' Re: Boatlift, Maguire Residence 929 Fern Drive-Delray Beach Dear Mr, Sanzone: I am requesting the city's permission to install a 6000 lb. boatlift on an existing 5 ft. wide dock at the above referenced address. The boatlift would extend +/- 3ft. further into the canal than the allowed lO ft, but the canal in this area is over 100 ft. wide and the böatlift would be well within the dolphin piling line. We are requesting that the boatlift be installe,çi on the' dock", because of the lack of available space on~th~ seawall when the setbacks are taken into consideratiort. " Please advise our request and advise us of our course of action. Respectfully, jot, ()~. James E. pelloni RECEIVED APR U At 1~~4 COMMUNITY IMPA. 1 (,0 South Dixie Hwy, · Hoca Raton, FL 33432 · Palm Beach: (407) 750-4255 · Broward: UOS) 570-8572 , - -.......... ... - -~_.. ,.....- , PLAT BOO.K 49, PAGE 64 /' '.' DELRAYBEACH . PALM BEACH COUNTY, FLORIDA .... . . N SURVEY FOR: --pV'o?o~e:..6 \o~·h 0..... I flU.~~~ .~Þt..U,~V ~~ f"~P.\t.I4. r1A@.Ij\f 0 " 100 01- \ " ç+ ~ .' . EI,v. JhQ~n. tt.ftOf\Gre bo.td. .on. ~ N.G.V.D. -,:29. NOTE: N()~TM. 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'. . '- ./. /. ' k_ P i ~ J. No.,.jþt~. II bit ~-::'H /'( .: ~_:./~. d ¡:Þ. I~. . ,¿ . . . ... ¡.;, ~. i4. - · I........, 1 ".. "'~''''à ~......,.. JIG. .3m ....r~. ... . 1b1. ~ IIOt'lia1W ~ L IUt' with ra1Md 1Ml. ... ,.,. ..~~,.......^ ..._.....__.._--~'.....~... ' _..~---.- , · , ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM # C¡H - MEETING OF MAY 17. 1994 DIRECTION FOR BID SPECIFICATIONS/HURRICANE SHUTTERS FOR CITY HALL NORTH WING DATE: MAY 13, 1994 This is before the commission for direction as to bid specifica- tions for purchase and installation of hurricane shutters to City Hall north wing. Shutter installation was discussed at the May 10 Workshop Meet- ing, at which time the Commission asked that additional informa- tion be provided on manpower and storage requirements to install and maintain both accordian and panel shutters. Attached is a recommendation from Richard Corwin. Staff requests Commission give direction so that bid specifications can be drawn for the purchase and installation of shutters. Recommend that staff be directed to complete specifications for the accordian type shutters for bid. - f~ Cd 6/7 ~ - MEMORANDUM TO: ~ Robert Barcinski . Assistant City Manager FROM: Richard Corwin D~puty Director of Public Works SUBJECT: HURRICANE SHUTTERS FOR CITY HALL NORTH WING DATE: May 12, 1994 When Hurricane Andrew threatened the City in 1992, the Public Works staff was mobilized to perform numerous pre-storm activities among which was shuttering the Police Department. During this even t , all streets and traffic personnel were assigned to securing all loose debris and fixtures City wide, fueling all vehicles, placing equipment and crews at designated locations for post hurricane clean-up, securing equipment from contractors, dispensing survival goods, moving office equipment - to more secure areas, providing for their own needs, checking' emergency generators and other equipment and generally assisting other departments with emergency preparations. Public Works is staffed with a total of 32 personnel and 5 are Administrative. Facility Maintenance consists of 1 Crew Leader and 3 Building Maintenance Workers. It is the task of these men to prepare our buildings for emergencies and provide support following emergencies to restore facilities to operational status. The Facility Maintenance crew were assigned to shutter the Police Department. This task required 10 hours to complete because of the type of shutters used by the Police Department. The corrugated metal panels are slid into top and bottom rails which are permanently fastened to the building. It was discovered that several fasteners did not penetrate the foam and concrete far enough to provide a solid fixture. The panels were un-numbered, of varying sizes and did not have designated locations making installation difficult. The threads of most fittings were coated with paint, rusted or missing wing nuts. Many had wing nuts rusted on fittings and were generally in poor condition. Because of the overall condition of the shutter fittings and panel rails, many windows were at risk in high winds. " - This type of shutter is not recommended for use City wide due to manpower requirements to install and maintain them and the many pieces of hardware necessary to secure them. For the lower level; north wing; 20 windows, it would require additional manpower we cannot spare during pre-hurricane preparations. Because there is no storage facility large enough for the number of shutter panels at City Hall, they would have to be stored off site, making installation more time consuming. If 2 men were assigned the task of shuttering the North wing, it would require approximately four to six hours. If accordion type shutters are installed, 1 man could easily shut and lock them without tools or lengthy preparations and could be done by City Hall personnel. These shutters are also more secure due to a fixed frame railing around the entire window and would remain installed year round. This would permit shuttering at anytime using minimal manpower or time. If you have any questions to where I can be of further assistance, please call me at extension 7294. ~¿: - , .-X Richard Corwin RC/lm REF: RCRBCHHS.DOC File: Memos to Assistant City Manager Hurricane Shutters/City Hall ., M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # q.::L. - MEETING OF MAY 17, 1994 RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE DATE: MAY 13, 1994 As of April 22, 1994, the terms of the following representatives to the Kids and Cops Committee expired: Agartha Gragg (Pine Grove Elementary School) Larry Kramer (S.D. Spady Elementary School) ( retired) Barbara Brown (Banyan Creek Elementary School) Yvonne Odom (Carver Middle School) Curt Lavarello (Atlantic High School) Ivan Retzignac (Atlantic High Student Council) (graduated) Clyde Harris (Plumosa Elementary School) Reverend Lenard Johnson (Ministerial Association) Perry DonFrancisco (Citizen-At-Large) Dan Burns (Citizen-At-Large) (unable to attend) On May 3, 1994, the Commission adopted Ordinance No. 20-94 on second and final reading which formally established the Kids and Cops Committee as an advisory body. It also provided for the committee's composition, length and number of terms, and extensions thereof in view of the unique membership composition. Membership is to consist of the following: A representative from the Parks and Recreation Department as designated by the Director of Parks and Recreation (Joe Dragon to a term ending April 22, 1995) A representative of the Delray Beach Police Department as designated by the Chief of Police (Ross Licata to a term ending April 22, 1995) A representative of the recognized bargaining unit for certain Police Department personnel, as designated by the President of the recognized bargaining unit (Jeffrey Miller to a term ending April 22, 1995) A Clergy representative, as designated by the membership of the Ministerial Association (currently vacant) Vìl øtffn &~J ú.J/~ ~ ~'. ~ adcf2. ilú;. ßdb¡ ~I ~ mRfJ o /hJ5 Jl.1¡J. 4-0 . A representative from each of the following schools, as designated by the respective school principals: (1) pine Grove Elementary (currently vacant) (2 ) S.D. Spady Elementary (currently vacant) (3 ) Plumosa Elementary (currently vacant) (4 ) Banyan Creek Elementary (currently vacant) (5) Carver Middle School (currently vacant) (6 ) Atlantic High School (currently vacant) A Youth representative, as designated by the Student Council of Atlantic High School (currently vacant) A Citizen-at-Iarge representative, as may be designated by a community civic organization interested in the enhancement of the program (currently vacant) A representative of MAD DADS, as designated (currently vacant) Staff has contacted all of the outside groups and schools regarding their appointments to the committee. As of this date, the following appointments have been submitted: Agartha Gragg, representing Pine Grove Elementary School Pansy Coleman, representing S.D. Spady Elementary School Barbara Brown, representing Banyan Creek Elementary School Yvonne Odom, representing Carver Middle School Perry DonFrancisco, Citizen-at-large All of the above are eligible for appointment and have confirmed their willingness and ability to serve on the committee. The term is for two years, ending April 22, 1996. Attendance records are attached. A check for code violations and/or municipal liens has been conducted. There are no outstanding violations. t,Jpon ratification of appointment for the persons named above, vacancies still remain for the Ministerial Association, Plumosa Elementary, Atlantic High School, Atlantic High Student Council, and MAD DADS. Staff is continuing to work with these groups in an effort to obtain representation which will then be brought to the Commission for ratification. Recommend consideration of the ratification of five (5 ) appointments to the Kids and Cops Committee to terms ending April 22, 1996. ref:agmemo , KIDS AND COPS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec , í , I " I I , I : , ¡ ! , Agartha Gragg p p A j P P ~ Larry Kramer ~ I , A A A ret red C/) Barbara Brown A A A A A ! .-- .,...¡ Yvonne Odom A P P A P ~ 1 ::> Curt Lavarello A A A A A In Ivan Retzignac A A A grac uated ~ .,...¡ .¡..J Clyde Harris A A A A A ~ ~ Rev. L.C. Johnson A A A A A 0 z Dan Burns A A A 1:'esi gne.i Perry DonFrancisco P Ì' A P P Joe Dragon P A P A A i Jeffrey Miller P T P A A A ¡ Ross Licata p P P P Ip I ¡ Pansy Coleman P A I I , atten.doc Charles Ridley has been attending meetings (January, February, March) as an unofficial member. I KIDS AND COPS COMMITTEE Jan Feb Mar Apr May Jun Jul Aug Sep Oet Nov Dee Agartha Gragg I A P P P Ip Larry Kramer A P P A A Barbara Brown A A A P P Yvonne adorn P P P P P Curt Lavarello P A A A A ~ ~ Ivan Retzignae A Z Z A A A A t-I t-I ~ ~ Clyde Harris A ~ ~ A A A A ,;: ,;: 0 0 Rev. L.C. Johnson A z z A A A A : Dan Burns A A A A A Perry DonFrancisco P A -t") P A 1 Joe Dragon A A P A P I I Jeffrey Miller A P A P A J Ross Licata P P A P P I atten.doc I . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Agartha Gragg 8054 Rosemarie Avenue, West; Delray Beach, FL 33444 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) Pine Grove El~mentary School; 400 S.W. 10th Street; Delray PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE 369-8300 BUSINESS PHONE 243-1554 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Kids n Cops; Education Board LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING. OR HAVE PREVIOUSLY SERVED (Pleas, include dates) Kids and Cops EDUCATIONAL QUALIFICATIONS Master of Science in Counseling LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD State of Florids Educator's License GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Pine Grove Elementary School Guidance Counselor 1987 - Present DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD My involvement with children . PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL tHE ABOVE STATEMENTS ARE TRUE J AND I AGREE AND' UNDERSTAND THAT ANY MIS&TATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. .j a(j~~!ðd <¿CMv-P- <¡--d/~C¡<j DATE l./qn , . CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Pansy Coleman 3337 Avenue Villandry HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) S.D. Spady . PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) BUSINESS PHONE 243-1558 HOME PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Kids and Cop~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING. OR HAVE PREVIOUSLY SERVED (Pleas, include dates) EDUCATIONAL QUALIFICATIONS F.lpmpnr~ry Tp~rhpr LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Teachin2Certification GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD workin~ with children . PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND· UNDERSTAND THAT ANY MIS~TATEKENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I HAY RECEIVE. .J SIGNATURE DATE t./Q() I CITY OF DELRAY BEACH BOARD MEMBER APPLICATION .. - ·0 ~5Sf ~ ~y J (Street. - BUSINESS PHONE clý?3 /J-7~ ON WHAT BOARDS ARE YOU INTERESTED IN SERVING K. d.s O-.r. d. ¡.4) f-<; LIST ALL CITY BOARDS ON walCH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS~:; .()~ ,I Ih~ _l~ b~ ?L /O~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, r.u./6 ~ br\ - . PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF KATEl.IAL FACTS CONTAINED IN THIS APPLICA- TION KAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I KAY RECEIVE. ~~j~. ~i'Af¡/J1) ,. Ion , CITY OF DELRAY BEACH 80ARD ~~~ER APPLICATION ~A."tE v~ ~lv()nT1P T. I")rnm 1905 Lawson 31vd. Delrav ~each, :la. , 33445 HOME ADDRESS (Sereet, Ciey, Zip Code) (tEGAL RESIDENCE) 301 So',;. '4t1.. \venue !;elray 2eac..'ï. Fla.. 33444 PR¡~C¡PAt BüS¡~ESS ADDRESS (Streee,. Ciey, Zip Code) HOME PHONE ( 407) ~38-le94 8USINESS PHONE (407) 243-15€5 (7) ON WHAT 80ARDS ARE YOU INTERESTED IN SERVING KI~S AN'] CC PS CO!~·rr'I'TI:!: tIST ALL CITY 80ARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) KTns A'~ rnps ~r~~T~F. EDUCATIONAL QUALIFICATIONS A.A ljF'r-R~ PAPA q1:"A(",.J .Tt'!JTnR mT T 1:"~F BA T",r:r,REE 1:"LORIDA ATIÞJmC UNIV. MS DEGREE NOVA l.J1IIVERSI"!'Y tIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD CS?:r:FIED ADMrUSTFATOR LI'ITLE LEAG-Tt: 3ASEPALL INC. GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION BCAPI) OF ?'.'PLIC INS'rPUCI'ION ?AIl1 BEACH cæm ----ClASS?DOM TT".:.AC!-ŒR CA VF:R !lIDDLE SæOCL DESCRIBE EXPERIENCES. SEILLS oa KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON tHIS 80ARD DESIRE TO SERVE I Resident- 'I\æntv-six years T'..~-m~ ~j.RS ClASSROOM EXPER~:CE/ Darticipant- telray Bc.).¡ Citizens ?ol~ce Academy "':,,'!:ITY-ONE YEARS INVOLVED DJ YOtm1 AcrIVITIES/ current President ~lray .A..V. :"i.- PLEASE ATTACH A BIIEF RESUMI.(provided upon request) I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS AAE TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATDŒNT OF MATDIAl FACTS CONTAINED IN tHIS APPLICA- ~Y CAUSE FOIllEttuU: U1'OII !It PUT or AllY Al'POIII'tIWIT I KAY RECEIVE. / / . . / V I , ~ ~arch 31, ~992 :., Þ " DATE 4/90 ., 4z . (-3/-r¿ CITY, OF DELRAY BEACH BOARD MEMBER APPLICATrON ,. " , NAME Perry DonFrancisco -.-. HmlE ADDRESS (Street, City, Zip Code) (LEGAL RESrDENCE) 40 S.Ocean Blvd. Delray Beach, FL 33483 PRINClPAL BUSINESS ADDRESS (Street,. City, Zip Code) HOME PHONE 276-9657 BUSINESS PHONE 278-3364 ON WHAT BOARDS ARE yOU INTERESTED IN SERVING Board of Adiustments t LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSL Y SERVED (Please include dates) Code Enforcement 1986 - 1991, Kids-and Cops 1991 - Present - EDUCATIONAL QUALIFICATIONS BA University of Massachusetts, Amherst, ~. Masters Worcester State College, Worcester, MA. Ed. S.Florida Atlantic University, Bo~a Raton, FL. \ , LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Florida Real Estate Salesman Licence GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. AND POSITION Owner ¡Operator Boston's on the Beach, Inc. DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD Having experienced 6 years on the Delrav Beach Code Enforcement , Board "ve me tremendous insight into the cities expectations '.'(," both R~edural~ and philosophically for the future. Owning . and, ~èrating a local business for 10 years has also given me PLEASE ATTAC A BRIEF RESUME. a vested interest in our city. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT.OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE. FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. . " . ~'M~~ ~ 7Q, I'~ 1- SlGNATURE DATE , . 4/90 ., Perry DonFrancisco Age - 38 40 S. Ocean Blvd. Married Delr~y Beach, Fl. 33483 Two Children ( 407) 276-9657 Excellent Health Bus. ( 407) 278-3364 Educational Back&£~~~: 1991 - Post-Licensure;Gold Coast School of Real Estate,Boca Raton, Fl. 1989 - Real Estate Salesman License;Gold Coast School, Boca Raton, Fl. 1983 - Completion of Doctoral Courses and Qualifying Exams Florida Atlantic University, Boca Raton, Fl. 1981 - Ed.S. - Florida Atlantic University, Boca Raton, Fl. 1980 - Masters Degree - Worcester State College, Worcester, Mass. 1975 - B.A. - University of Massachusetts, Amherst, Mass. ~rofe~~io~al Bac~S!.<2un<i: . 1988 - 33% Owner Boston's Inc. - Restaurant, Lounge, and Hotel Operations and Real Estate 1986 - Vice President, Boston's Inc. 1985 - Partner - Salina Realty, Delray Beach, Fl. 1985 - Corporate Director - Boston's Inc.~ Worcester, Mass. 1984 - General Manager (Shareholder) - Boston's Restaurant Delray Beach, Fl. 1982 - Floor Manager - Boston's Restaurant - Delray Beach, Fl. 1980 - 1982 ~ Doctoral Student - Stipend Florida Atlantic University, Boca Raton, Fl. 1979 - Head Teacher (Principal) Mass. Migrant Program, Worcester, Mass. 1975 - 1980 - Public School Teacher/Coach - Worcester Public Schools 1971 - 1978 - Journeyman Ironworker - Local Union 57 - Worcester, Mass. Awards :,:" 1991 - Re~Sible Vendor of the Year Award - State of Florida District 10 1990 - Responsible Vendor Certification Award - Governor Martinez Tallahassee, Fl. 1989 - Outstanding Support Award - Delray Bch Police Dept. Delray Bch. Fl. 1987 - Co-Founder Delray Citizens Delray Police - D~~~~y Beach, Fl. 1981 - Ernest O. Melby Doctoral Assistantship, Boca Raton, Fl. 1980 - Charles S. Mott Doctoral Fellowship, Flint, Michigan . , . " State Certifications: Massachusetts and Florida Classroom Teacher, Mass. High School Principal, Florida Responsible Vendor~ Florida Real Estate Salesman, Florida Boards/Committees: Code Enforcement Board Member, City of Delray Bch. Delray Bch., FL -. Crime Advisory Council, City of Delray ~ch., Delray Bch., FL 1988 Kids and Cops, Chairman, City of Delray Bch., Delray Bch., FL 19~ Organizations: Florida Restaurant Association Florida Association of Community Education . Delray Beach Chamber of Commerce DEL-PAC Fraternal Order of Police Associate Member 1989 Delray Beach Board. of Realtors Delray Citizens for Delray Police, President- CoFounder Delray Boxing Club, Vice President/Treasurer Delray Beach Holiday Toy Drive Committee, Chairman-Founder . A ..... ~,~'O . " ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER{Ï" \ SUBJECT: AGENDA ITEM i lð A - MEETING OF MAY 17. 1994 ORDINANCE NO. 19-94/DELRAY SWAP SHOP PROPERTIES DATE: MAY 13, 1994 This is public hearing on an ordinance for Annexation, Small Scale Land Use Plan Amendment from County CH/5 (Commercial High Intensity-Residential equivalent of five units per acre) to a City Future Land Use Designation of GC (General Commercial), and Initial Zoning of GC (General Commercial) for the Delray Swap Shop. First reading on this ordinance was AprilS, 1994, and passed by unanimous vote (5-0) of the Commission. All advertising and notifications providing for annexation, zoning, and small scale amendment have been completed as required. Recommend approval of Ordinance No. 19-94 on second and final reading. , . C~~ 3 -0 (/lJlk¡o£--- fh:J:='/7-h n W ) - , I --- - - - - ~- --- - -- ORDINANCE NO. 19-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2001 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, , WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE - DATE. , WHEREAS, Drive-In Theaters of Florida, Inc. is the fee-simple owner of a parcel of land located at 2001 North Federal Highway, as the ¡ same is more particularly described herein; and I WHEREAS, the City of Delray Beach, Florida, has initiated annexation proceedings, pursuant to Florida Statute 171.046(2) (a), to include the subject property within the corporate limits of the City, and has heretofore been authorized to annex lands in accordance with Sections l71.044 and 171.046(2) (a) of the Florida Statutes; and I WHEREAS, the subject property hereinafter described is I contiguous to the corporate limits of the City of Delray Beach, Florida; I and I WHEREAS, the subject property hereinafter described is I presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of CH-S (Commercial High Intensity with a residential equivalent of 5 units/acre); and WHEREAS, the advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is GC (General Commercial); and WHEREAS, the City's Future Land Use Map designation of GC (General Commercial) is consistent with the County FLUM designation of CH-S (Commercial High Intensity with a residential equivalent of 5 uni ts/ acre) for the property hereinafter described; and I I . e . -- ----_.-_._-_.~ ; WHEREAS, the City's FLUM designation as initially contained on , ,i the City's Future Land Use Map adopted in November, 1989, and as ; : subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of I this proceeding, and provisions of Land Development Regulations Chapter , Two have been followed in establishing the proposed zoning designation. I 'i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE : CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That the City Commission of the City of Delray I ,I Beach, Palm Beach County, Florida, hereby annexes to said City the 'I following described land located in Palm Beach County, Florida, which : lies contiguous to said City to-wit: See Legal Description attached as Exhibit "A". _ . The subject property is located on the east side of North Federal Highway, at 2001 North Federal Highway; and containing a 6.45 acre parcel of land, more or less. Section 2. That the boundaries of the City of Delray Beach, ;\ Florida, are hereby redefined to include therein the above-described ! tract of land and said land is hereby declared to be within the I corporate limits of the City of Delray Beach, Florida. ! Section 3. That the land hereinabove described shall :,1 immediately become subject to all of the franchises, privileges, I immunities, debts, obligations, liabilities, ordinances and laws to :¡ which lands in the City of Delray Beach are now or may be subjected, I including the Stormwater Management Assessment levied by the City i ! pursuant to its ordinances and as required by Florida Statutes Chapter ' 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial) . - 2 - Ord. No. 19-94 .. . i Section 6. That the City of Delray Beach elects to make this I I small scale amendment by having only an adoption hearing, pursuant to I Florida Statutes Section 163.3l87(1) (c)4. I I Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General I I Commercial) as defined by existing ordinances of the City of Delray I I Beach. I I ! Section 8. That all ordinances or parts of ordinances in ! conflict herewith be, and the same are hereby repealed. ! section or provision of this Section 9. That should any I ordinance or any portion thereof, any paragraph, sentence or word be I declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as -a whole or part thereof other than the part declared to be invalid. , Section 10. That this ordinance shall become effective I as I follows: As to the annexation and zoning, immediately upon passage on I second and final reading; as to the small scale land use plan amendment, I the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs I I earlier. No development orders, development permits, or land uses I dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. I ¡ PASSED AND ADOPTED in regular session on second and final I i reading on this the day 0 f 1994. ! , i I I I I I MAYOR I ATTEST: I i I City Clerk First Reading I Second Reading I - 3 - Ord. No. 19-94 , , ; i EXHIBIT "A" TO ORDINANCE NO. 19-94 i I LEGAL DESCRIPTION .! ¡ i The South 403.25 feet of the Easterly 497.35 feet of the West One-Half (W 1/2) of the Southwest One-Quarter I (SW 1/4) of the Southeast One-Quarter (SE 1/4) and that part of the South 403.40 feet of the Southeast I .! One-Quarter (SE 1/4) of the Southwest One-Quarter (SW 1/4) being the Northerly 128.66 feet of the Southerly 272.66 feet lying east of State Road 5 as in OR 2311, Page 701, all in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; I I TOGETHER WITH , ¡ That part of the Westerly 155.89 feet of the South - 403.4 feet of the West One-Half (W 1/2) of the ; Southwest One-Quarter (SW 1/4) of the Southeast One-Quarter (SE 1/4) and the East 44.11 feet of the Northerly 171.24 feet of the South 403.4 feet of the Southeast One-Quarter (SE 1/4) of the Southwest One-Quarter (SW 1/4) lying east of State Road 5, all in ! I Section 4, Township 46 South, Range 43 East, Palm Beach I I r I County, Florida; ¡ , TOGETHER WITH I ! That part of the Westerly 166.40 feet of the South ! 403.4 feet of the West One-Half (W 1/2) of the Southwest One-Quarter (SW 1/4) of the Southeast One-Quarter (SE 1/4) and the Easterly 131.42 feet of the Southerly 144 feet of the Southeast One-Quarter (SE 1/4) of the Southwest One-Quarter (SW 1/4) lying east of State Road 5, all in Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. ! I - 4 - Ord. No. 19-94 - . ~ -1. \ , II II GUlf" STREAM BOULE V AR f' I ~ ~ ~ ~ -......tl~~ \ It. ~== iI ~......;;;:: r.u !rn ~AII ClaW . = ~ - ~I~ ~- '.. := , .....~........ '.. - -.....-- . - fj ........~ e .. ...........- I llIOr-~ I / ~... _-! " ¡ ~ . . ,.,....,.... ¡ . -'. .. '. ..... ,. "l1 "" I . ......'". on . '. ....... . .. ~ ... . c ........ .... TANCIØC WAY .... . .....' t/ì ... r- # !~WAIJ( Þ , i·..·..· . ~ - , ....... ; I ; ......:!'O. c . ~'!II. .~.~._ J. .~. - ~'... .~. .. ;' ~. ........,. -". .-.,..... ...... ...... ....~ ...... - )-. / r I .... !!IIo. ...... ~ 3t ::: ~:::-.::'. '- ..~.--::~...::::::. '1 AU on i ~ I -- ....~ ...0.; \ ~ "~ ........ __ . 0 tJ S11t __ 1 (J ~/·_·_·_._~. ! ~ f :jf ~ 50 .1-- fE 51 r-- J II· ILl 'G I , I . , I ; I ~L ; - <,§I II I II I Jt:::If i ~ &~ ; - "---- :g 81 n f~f ! Q r.¿J E:::t 1 II' - LA: if; - -- ---.J I ; - ,= I . .. . j I : I ~ - ~ I I u, 4M k~ I I U _ ï · , I I I . DELRAY SWAP SHOP blt-i I . , C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN CITY. MANAGER ~ FROM: DIANE DOMINGUEZ ~¡þ.. \\J..I~/ DIRECTOR OF PLANNING AND ZONING SUBJECT: SPECIAL MEETING OF APRIL 5, 1994 ANNEXATION, SMALL SCALE LAND USE PLAN AMENDMENT FROM COUNTY CHIS (COMMERCIAL HIGH INTENSITY-RESIDENTIAL EQUIVALENT OF 5 UNITS PER ACRE) TO A CITY FUTURE LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL), AND INITIAL ZONING OF GC (GENERAL COMMERCIAL) FOR THE DELRAY SWAP SHOP ACTION REQUESTED OF THE COMMISSION: - The action requested of the City Commission is that of' approval on first reading of an ordinance annexing the Delray Swap Shop, changing th~ Future Land Use designation from County CH/5 to City GC (General Commercial), and applying an initial zoning designation of GC (General Commercial). The petition involves the Delray Swap Shop property, located on the east side of North Federal Highway, north of Allen Avenue. B A C K G R 0 U N D: On March 22, 1994, the County Commission approved an Interlocal Agreement with the City of Delray Beach which called for the annexation of the North Federal Highway Enclaves, in accordance with provisions of Florida Statute 171.046. That same evening, the City Commission approved on second reading the individual ordinances annexing those properties. Nei ther the agreement nor the ordinances included the Delray Swap Shop property. The reason for its exclusion from those actions was tha t the owner, Preston Henn, had indicated a desire to come into the City voluntarily, by a separate agreement. Based upon his stated intentions, staff worked to produc. an agreement that spelled out the terms and conditions of the voluntary annexation. Several meetings were held between City staff and Swap Shop representatives to ensure that the agreement would be satisfactory to all parties. On several occasions, staff asked that a signed voluntary annexation petition be submitted, however, that petition was not forthcoming. -- . . City Commission Documentation Annexation, FLUM Amendment, and Initial Zoning--Delray Swap Shop Page 2 The Planning and Zoning Board considered the annexation, small scale amendment, and initial zoning for the Delray Swap Shop at its meeting of February 28, 1994, and recommended approval. Absent a signed annexation petition, the item was not scheduled for City Commission consideration. In recent weeks, staff has had numerous conversations with Swap Shop representatives regarding their intent10n to proceed. At the request of their attorney, Roger Saberson, changes were made to the agreement that deleted requirements for future improvements to parking areas. Every reasonable attempt has been made to accommodate their wishes. During this legislative session, a bill has been pending that would eliminate the enclave annexation provision. We have recently been informed by lobbyist Kathy Daley that the bill has made progress and may be passed soon. In light of that possibility, it is necessary to proceed with the annexation of the Swap Shop under the enclave provision, rather than as a voluntary action. The City Attorney's Office is preparing an amended Interlocal- Agreement for consideration by the County Commission that would include the Delray Swap Shop property. First reading of the ordinance providing for the annexation, zoning, and small scale amendment may occur immediately. However, there are several notification requirements that must be met prior to the second reading of the ordinance. Those requirements necessitate a delay of approximately 30 days before the second reading. If approved, the second reading of the ordinance will be scheduled for the City Commission meeting of May 17, 1994. PRO J E C T DES C RIP T ION: The subject property consists of three parcels comprising approximately six and a half acres of land. The property contains the Delray Swap Shop, which consists of merchant booths on the west half, and parking on the east half of the site. The property will be brought into the City with a zoning designation of Ge, General Commercial, which allows flea markets as a conditional us.. Thus, the swap shop will b. considered a conforming conditional use. A concurrent small scale land use plan amendment changing the designation from County CH/5 to City General Commercial is also being processed. This property meets the requirements for processing as a small scale amendment. For a full analysis of this petition, see the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board held a public hearing on the annexation, Small Scale Land Use amendment and initial zoning of the Delray Swap Shop at the regular meeting of February 28, 1994. There were no comments from the public on this item. The Board recommended approval by a vote of 7-0. , .. . , . City commission Documentation Annexations and Initial Zoning of the North Federal Enclaves Page 3 R E COM MEN D E D ACT ION: By motion, approve the annexation, Small Scale Land U.e Plan amendment (from County CHIS to City GC), and initial zoninq to GC (General Commercial) for the Delray Swap Shop property, baaed on po.itive findinqa with reapect to LDR Section. 3.1.1 and 3.3.2, and policies of the Comprehen.ive Plan, And on the recommendation of the Planning and Zoning Board, and ba.ed upon the following additional finding.: That the property i. contiguou., rea.onably compact, and doe. not create an enclave. That .ervice. will be provided to the property in a manner similar to other .imilar properties within the City. Attachment: * P&Z Staff Report & Documentation of 2/28/94 - * Ordinance by others . TICCSWAP.DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [7" 1 SUBJECT: AGENDA ITEM i /C) B - MEETING OF MAY 17. 1994 TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 94-1/BLOOD'S HAMMOCK GROVES DATE: MAY 13, 1994 This is public hearing for transmittal of a Future Land Use Plan Map amendment which includes a change from County MR-5 (Medium Residential-5 units per acre) to City Land Use designations of LD (Low Density 39 acres), MD (Medium Density 40 acres), CC (Commercial Core 10 acres) and OS (Open Space 4 acres) for Blood's Hammock Grove located on the south side of Linton Boulevard, east of Military Trail. The 93 acre property is being processed as a part of the Comprehensive Plan Amendment 94-1, transmitted to the State Department of Community Affairs (DCA) for review. Recommend transmittal of Future Land U3e Plan Map Amendment for Blood's Hammock Grove properties. ~ ýf/otJm id ~ Corx¡:;. ~ ~ 9'-1- / td œAþ . w/~ i ~ J ~þ)f~ pLLifn f~ 3 td J LIìtrv¡ð7~~ ~) , - SIEMON, LARSEN & MARSH Mizner Park 433 Plaza Real, Suite 339 Boca Raton, Florida 33432 DearOOm Staaion Telephone (401) 368-3808 Suite 3$() 47 Wnt Polk StrMC FlI:limile (401) 361-4008 19800 MII:AIÜI... Boulevard Chicago. llJiDoÎa 60605. Irvine, California 9'2715 (312) 939-7117 April 26, 1994 (714) 752-1531 -'9~ 4A C¢ì~ Mr. David Harden : C''Í''f" ':9,;>.9 ~<) City Manager ~4~ ~ 100 NW 1st Avenue 4/'1~ ~ Delray Beach, Florida 33444 Or /)~ RE: ComDrehensive Plan Amendment for Blood's Hammock Groves~ Dear Mr. Harden: Over the past week, we have worked to respond to the issues raised by the public and the Planning & Zoning Board at the public hearing held April 18th. We believe that we can more fully respond to the concerns of the Planning & Zoning Board and staff. : We understand that notice of the public hearing has already been provided, and that we will therefore be obligated to appear on May 3, 1994. We are aski!"lg for a continuance until May 17th, but the Commission will not decide whether to continue the hearing until May 3. We will be prepared to move forward on May 3, 1994, if the Commission does not agree to have a continuance, but most of the additional material would not be available for staff and Commission review in advance. We appreciate your assistance with this matter. If you have any additional questions or comments, please do not hesitate to contact me. Very truly yours, I'- ;f¿ J (':;>¿.5)t~t/~c-f Lee D. Einsweiler, AICP Senior Planner Authorized Representative Norman Blood/Levitt Homes, Inc. vbs:LDE cc: Susan Ruby Alison Hardee Diane Dominquez , ~ "I" " ~'- C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~~ . ·;J.IJ THRU: DIANE DOMINGUEZ, RE OR ~TMENT5ING AND ZONING ~' . .. . FROM: PAUL DORLING, P. NCIPAL PLANNER * NOTE: APPLICANT HAS REQUESTED A CONTINUANCE OF THIS ITEM TO THE MAY 17 MEETING. SUBJECT: MEETING OF MAY 3, 1994 FUTURE LAND USE AMENDMENT FROM COUNTY MR-5 TO CITY LAND USE DESIGNATIONS OF LD (LOW DENSITY), MD (MEDIUM DENSITY) , CC ( COMMERCIAL CORE) , AND OS (OPEN SPACE) I FOR THE BLOODS GROVE PROPERTY. ACTION REQUESTED OF THE COMMISSION: : The action requested of the City Commission Is that of transmittal of a Future Land Use Plan Map amendment and Comprehensive Plan text amendment which includes the following components: * A Future Land Use Map change from County MR-5 (Medium Residential-5 units per acre) to City Land Use designations of LD (Low Density - 39 acres), MD (Medium Density - 40 acres), CC (Commercial Core - 10 acres) and OS (Open Space - 4 acres) for Bloods Grove. * Text change to the commercial core definition in the Future Land Use Map element of the Comprehensive Plan * Locational change of the future city collector street currently proposed along the west border of the Bloods Grove property. The 93 acre property is being processed a. a part of Comprehenaive Plan Amendment 94-1. The property is located on the south side of Linton Boulevard ea.t of Military Trail. BACKGROUND: With the adoption of the Comprehensive Plan in November, 1989, "advisory" land use designations were applied to all areas which were outside the City limits but within the City'. Planning Area. The 110 acre Bloods Grove site was given advisory designations a. follows: 40 acres Medium Density Residential, 39 acres Low Density Residential, 17 acre. Community Facilities, 10 acres Commercial Core, and 4 acres Open Space. The 17 acres of Community Facilities have been annexed for a municipal fire station, park and School Site S. The 93 acre balance is the subject of this request. · Bloods Land Use Amendment City commission May 3, 1994 Page 2 Separate petitions have been submitted and are currently being processed for the annexation of the property into the City limits and for initial zoning designations of PRD-Planned Residential Development (83 acres) and SAD-Special Activities District (10 acres). The PRD and SAD zoning districts require submittal of a master development plan and site plan, respectively. Once those plans have been submitted the requests will be reviewed and scheduled for Planning and Zoning Board and City Commission action. ANALYSIS: The proposed amendment will adopt the City's existing advisory designations with the exception of the location of the 10 acres of Commercial Core. This 10 acres is to be relocated from the center of the site to the area occupied by the existing Bloods commercial operation (northeast corner of the site along Linton Boulevard). The Bloods will be maintaining ownership of the 10 acres and desire to continue and expand on the existing fruit packing and retail operation. The amendment also proposes text, changes to the Commercial Core definition which would limit the type of commercial uses allowed within Commercial Core. The Low Density (0-5 units per acre) is proposed along the east and south borders adjacent to the Foxe Chas. and Del Aire subdivisions; the Medium Density (5-12 units per acre) is proposed adjacent to the commercial and office uses to the west as well as along Military Trail; and the Open Space accommodates an existing Hammock area. The amendment also includes the relocation of the proposed city collector road currently cited along the west property line of Bloods Grov.. Concerns were noted regarding two aspects of the applicant 's proposal. These involve impacts created by moving the commercial component closer to Linton, which would attract more outside traffic, and the proposal to eliminate a connecting road between Germantown Road and the new collector road. To mitigate the impacts of the relocation of the commercial component, staff recommended a designation of Transitional, as opposed to COlllllercial Core. This would have the effect of limiting the int.nsity of allowable non-re.id.ntial u.... Regarding the road connection, staff note. that it i. a concern which requires additional analysis. It may be necessary to require an alternative site plan for the Bloods property which would provide the road in the ev.nt that it is de.med to be necessary. The attached Planning and Zoning staff report describes the issues in greater detail. , Bloods Land Use Amendment City Commission May 3, 1994 Page 3 A traffic study has been submitted and its conclusions accepted by the Palm Beach Traffic Division. The study emphasizes that Military Trail which currently fails level of service D, will require widening from 4 to 6 lanes under the current, as well as the proposed Land Use designations. The study further notes that at different phases of development improvements to the intersection of Military Trail and Clint Moore Road and the widening of Military Trail (4 lanes to 6 lanes) from Atlantic Avenue south to Clint Moore Road will be required. With these improvements traffic concurrency will "be met. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed the Future land Use Amendment at the April 18, 1994 regular meeting. Eleven people spoke in opposition at the public hearing. They included representatives from adjacent homeowner associations ( Foxe Chase, Del Ida, Bel Aire) who opposed the amendment citing increase density (lack of compatibility) and increased traffic'. Several Board members expressed concern with the increase in density, increased traffic, and the relocation of the commercial core component. - - After a lengthy public discussion the Board recommended the Commercial Core designation be changed to Transitional, and that it remain in the current location (central to the site) . The Board also included a restriction that the interior commercial component not be allowed to develop until Blood's packing and retail operation is discontinued. The Board further recommended that the amount of acreage allocated to MD (Medium Density) be reduced so that the land use designations are as follows (see attached exhibit): * 63 acres of Low Density * 16 acres Medium Density * 10 acres Transitional * 4 acres Open Space The applicants request would have allowed a maximum of 480 mUlti-faaily and single family attached units and 195 single family detached units for a total of (675 units). The applicant intention is to construct 250 multi-family units, 175 attached single f&aily units, and 200 single family detached units for a total of 625 units. Under the Planning and Zoning Board's recommendation a total of 507 units (192 mUlti-family units and 315 single family units) could be built. It is noted that a minimum of 2l acres of Medium Density residential would be required to build the proposed 250 unit multi-family development indicated in the conceptual master plan. The Planning and Zoning Board recommendation regarding the Commercial Core leaves the Bloods operation in an uncertain status. It would only be allowed to continue until the interior commercial component is developed. This differs significantly from the Blood's proposal, which is to augment the existing operation with compatible retail and office uses in a market-like setting. · Bloods Land Use Amendment City commission May 3, 1994 Page 4 ALTERNATIVE ACTIONS: A. Continue with direction. B. By motion, based upon a finding ~hat the proposed land use classifications are consistent with those that were previously approved with the adoption of the City's advisory land use classifications for unincorporated areas; and that the intensity of the commercial uses and compatibility with adjacent properties can be further addressed through the processing of a Master Site and Development Plan and the adoption of a Special Activities District, transmit the proposed amendment as part of Plan Amendment 94-1 (select one option): 1- Applicants proposal: A change from County MR-5 to City designations of 39" acres LD (Low Density) , 40 acres of MD (Medium Density) , 10 acres CC (Commercial Core) along Linton Boulevard, 4 acres of OS (Open Space) ; language changes to the Commercial Core; and relocation of the City's collector roadway; or 2. Staff recommendation to P'Z: A change from County MR-5 to City designations of 39 acres LD (Low Density), 40 acres MD (Medium Density), 10 acres of Transitional along Linton Boulevard, and 4 acres OS (Open Space) ; recommend no change to the text of Commercial Core; and relocation of the City's collector roadway; or 3. Planninq and Zoning Board recommendation: A change from County MR-5 to City designations of 63 acres of LD (Low Density), 16 acres MD (Medium Density) , 10 acres Transitional in the center 0 f the site and 4 acres of OS (Open Space) ; recommend no changes to the text of Commercial Core; and relocation of the City's collector roadway; C. Deny the FLUM designation changes based upon a failure to make positive findings with respect to compatibility . , Bloods Land Use Amendment City Commission May 3, 1994 Page 5 . RECOMMENDED ACTION: By motion, based upon a finding that the proposed land use classifications are consistent with those that were previously approved with the adoption of the City's advisory land use classifications for unincorporated areas; and that the intensity of the commercial uses and compatibility with adjacent properties can be further addressed through the processing of a Master Site and Development Plan and the adoption of a Special Activities District, transmit the proposed amendment as part of Plan Amendment 94-1 for a change from County MR-S to City designations of 39 acres LD (Low Density) , 40 acres MD (Medium Density) , 10 acres of Transitional along Linton Boulevard, and 4 acres OS (Open Space) ; recommend no change to the text of Commercial Core; and relocation of the City's collector roadway. Attachment: -- * Planning and Zoning Board report of April 18, 1994 * P&Z recommendation Land Use Map a:bloccdoc.doc . q7\ .;. ~~ ~ + ~..... "," ~~ o..:¡. '" ~ ..., = . - - L :' '\ T 0 '\ - -' - - - - - . :ANAL _-3õ ~ ~ì (UNCLE DAN'S O..;j ..þ>~ ~ , c.; ::'I NURSERY) ~? ",' ~" q MD-R SOUTH COUNTY MENTAL HEALTH .;1:''' ,,~ ...J ~~ - SOUTH COUNTY -< I"ItOnSSlOtW.'LUA ~cP; a: (PHASE I) ~ ~C; ~~ -Z' (TAHERI PROPERTY) LD-R >- LD-R CANAL a: 01( ~ - ...J - :2 IJ'Æ "vii. LAND USE PLAN I I AMENDMENT I . - PLANNING AND ~ONING BOARD ~ITY OF DELRAY BEACH --- SlAFF REPORT --- MEETING DATE: April 18, 1994 AGENDA ITEM: V.C. ITEM: Future Land Use ~ap Amendment Changing the FLl~ Designation from Count v ~-5 to the Following City Designations: OS, LDR, MDR & CC; for Blood's Ha~ock Groves -- GENERAL DATA: Own.r....................No~.. .lood A9.nt....................Lee 11nawel1.~. AIC. Sl.-oa, Lar... . MAr. a Loc.tlon.................Soa~ .1de of Old Ge~town 1Ioed. 8011~ of L1ntoa 108l...rd. .roperty Sla.............'1 ecre. ~. City LAnd u.. .1an.......Low oenalty ...ld.ntl.1, Medlaa oeaalty ...1"ntl.1, eo...~c1.1 Con. Open S,.c:. county LAnd U.. Pl.n.......-5 (a..14.ntl.1, up to 5 \&Alt. pc.r .cr.) Propos" Land U.. P1.a...aecoaflfa1'.tloD of the .al.tlnt Clty advl.ory PLUM cS..ltuUOU . county lonlft4............AA (Atrlc:ult~.l ....~) .ropo." lonln9..........SAD (Specl.1 ActlYltl.. DUulct) .nd .ID (Pi"" ...ld.nUal oe.elo,..Dt) Adjac.nt lonln9" .Iont.. A (Atdft1t.~.l), a. u. I (..ltlpl. '-.11y ...1d.ati.l - Low DeMlty), .... œ Open I SpIce , Ian 1 II (...1....tl.1 tT....lt1onal oo IICJ, &, ..... Q "\laa œ ... ..100M (11ft41. really ...1....'1.1J ""1 A. C1I, JIGC C.1enned Offic. Center), .nd MIA (11..1. ,..Uy ...ld.atl.1 - 'IC) !xlltlng Land U..........A ponloa of .a .al.tln9 orang. troy. and ,.ck1n, f.cility. . Propo." Land U..........10 acre oran,. ,.ckln, f.cl11ty an4 ...oclat" r.t.l1 y.. vlta future n.lghborhood c~rcl.1 u.... .pproal..tely 21 .cre. of eultl-faal1y (250 unlt'l, approal..t.ly 51 acr.. of .1ngle f&al1y d.tached (175 unit.) and attached (200 unlt.), with a 4 acr. h...oc:k pre.erv. ar.a. Veter S.rvlc.............lal.tlaq 12- wat.r ..In ln Old Ge~town Road rlght-of- way. blaU", 10- w.tal' M111 111 Ll11tOIl Ioula.ard. lal.Un, 12- ..t~ ..In 111 Ml11tary Tra11. Sewer S.rvlc.............la1.t1Df I- .ewer ..18 .aC'Vift9 'ir. ltat1. . S. , V.C. I T E M B ! r 0 R E T H ! BOA R D: The item before the Board is that of making a recommendation on a privately initiated Future Land Use Map Amendment and Comprehensive Plan text amendment which includes the following components: * changing the land use designation from County MR-5 (Medium Density Residential- 5 units per acre) to a combination of City LD (t.ow Density Residential 0-5 units per acre), MD (Medium Density Residential 5-12 units per acre) , CC (Commercial Core) and OS (Open Space) i * text change to the Commercial Core definition in the Future Land Use Element of the Comprehensive Plan. * locational chang. of the future City coll.ctor stre.t currently proposed along the west border of the Bloods Grove property. Th. subject property is approximately 93 acr.s and represents the balance of the Bloods Grove property after the recen:t annexation of the 17 acres of the municipal fire station, park and School Site S. B A C K G R 0 U N D: With the adoption of the Comprehensive Plan in November, 1989, "advisory" land us. designations were applied to all areas which were outside the City limits but within the City's Planning Area. The 110 acre Bloods Grove site was given advisory designations a. follows: 40 acres Medium Density Residential, 39 acres Low Den.ity Residential, 17 acre. Community Facilities, 10 acres Commercial Core, and 4 acre. Open Space. The 17 acres of Community Facilities was intended to accommodate a future elementary school site, neighborhood park, and fir. station in the southw..t portion of the City. On MoveaÞer 26, 1991 the City annexed 1.808 of the 110 acres, at the northeast corner of the property via Ordinance 76-91. Th. 1.808 acres consisted of an ace... .a....nt as well as a temporary and p.rmanent fire station .ite. The temporary fire station was placed on the site while the permanent fire station was constructed. Fire station # 5 has since be.n completed and the temporary station removed. In April, 1993, an annexation petition, land use plan amendment and initial zoning request to accommodate a 10 acre elementary school site on the Taheri property adjacent to Bloods Grove was submitted. Before those actions were formally processed, the School Board reconsidered that location and instead chose a 10 acre site in the northeast portion of Bloods Grove. As a part of the School District's purchase contract the City is to locate a municipal park contiguous to the school site. P & Z Staff Rep~ Future Land Use __...p Amendment Page 2 In April, 1993 the owners of Bloods Grove granted agency to the City for the processing of an annexation petition and all land development applications necessary to accommodate a 10 acre elementary school (School Site S) and 6 acre municipal park. The change in land use from MD (Medium Density Residential) to CF (Community Facilities) was processed with Land Use Plan Amendment 93-2. The related annexation and initial zoning were approved by City Commission on March '22, 1994. The Conditional Use request to establish the school was approved by City Commission at its meeting of April 5, 1994. On April 8, 1994 the sale of the school site to Palm Beach County School Board and the park site to the City was consummated. A Land Use Map change for 93 acres (balance ot Bloods Grove) from the County Land Use Map designation of MR-5 to the City LD (Low Density), MD (Mediua Density), OS (Open Space), and CC (Commercial Core) is now betore the Board. A concurrent annexation and initial zoning request are being processed and will be before the Board at a later meeting. ... PRO J I C T D I S C RIP T I 0 H: The land under conside=ation is the balance ot the Bloods Grove commercial orange orchard operation. It is approximately 93 acres in area and is located south ot Linton Boulevard, east of Military, west of the Foxe Chase (residential) Subdivision, and north of Del Aire Subdivision. The majority of the 93 acre site is an active orange grove with a packing and shipping operation. The development proposal represents the redistribution of existing advisory City land use designations. The proposed redistribution will move the 10 acre "Comaaercial Core" designation fro. the center of the site to the northeast corner ot the sit. to cover the existing Blo~ operation. The reason for this relocation of the commercial us.s is that the Bloods will be ..intainint ownership of the 10 acre. and d.. ire to continue the existing commercial operation. The 83 acre balance of the sit. 1s proposed for development under the current City Land Use designations. The development proposal includes 250 apartments, 175 attached units, 200 single family homes and a 4 acre open space (Hammock area) by the Levitt Corporation. COM PRE H INS I V E P LAN A N A L Y S I S: Current Land Use Designations: The current County Land Use designation for the site is MR-5 (Medium Residential-5 units per acre) . The City I S current advisory land use designations for the site are as follows: 40 acres of MD (Medium Density), 39 acres of LD (Low Density), 4 acres of OS (Open Space), and 10 acres of CC (Commercial Core). , P & z Staff Rep<'" Future Land Use ....,¡p Amendment Page 3 Requested Land Use Desiqnations: The requested Land Use changes are the same as the City Advisory Land Use designations in total acreage per category. However, a change in the location of the 10 acre commercial core component from its current position internal to the site to one which has frontage along Linton Boulevard is proposed. Adjacent Land U.. Map De.ignation. , Land U..: FLUN De.ignation.: City County subject property: Low Res (1-5 du) MR-5 Res Med Density (5-12 du) Commercial Core Open Space Adjacent properties: North Low Density , CF N/A -- East Low Res (1-5 du) LR-l Rea South Low Res (1-5 du) , OS N/A West Tr"~nsitional MR-5 Res Actual Land U..: Subject property: Commercial orange grove Adjacent properties: North Shadywoods (residential) East Foxe Chase (residential) Subdivision, fire station 'S,school sit. S, and future park site South Del Air subdivision and Del Air. golf course West South County Professional Office center, South County Mental Health Facility, and La Casa subdivision. Allowabl. Land U..a: Under the proposed residential FLUM designations (Low Density and Medium Density) residential zoning districts which accommodate single family to multi- family units are allowed. Under the Open Space FLUM designations the OS and CF zoning designations allow open spaces and facilities which serve public and semi public uses. The proposed Commercial Core FLUM is consistent with RM (Residential Medium) ,CBD (Central Business District), RT (Resort Tour ism) I RO (Residential Office), CF (Community Facilities), OS (Open Space) , and SAD (Special Activities District) . The applicant has requested initial zoning designations of PRD (Planned Residential Development) and SAD (Special Activity District). These zoning designations are consistent with the proposed land uses. P , z staff Repe' Future Land Use ..wp Amendment Page 4 Service and Concurrency Implication.: In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The proposed land use designations are the same as those previously considered. Thus, the ac~ of officially adopting the City's "Advisory" Land Use designations has no impact with respect to general notions of service delivery and concurrency. However, as the FLUM change is technically from MR-5 (County) to the City Advisory designations of LD,MD,OS,and CC the difference in intensity with respect to traffic impact must be assessed. The maximum development potential under the current MR-5 FLUM designation would be 465 single family units generating .,650 daily trips. The maximum development potential under the City's advisory land use designations of LD, MD OP, and CC will be 200 single family, 468 multi-family, and 108,900 sq. ft. of commercial use generating a total of 8,.96 daily trip.. The difference is an additional 3,846 daily trips. : A traffic study was submitted and Linton Boulevard meet. traffic concurrency. Military Trail is noted as currently failing traffic concurrency from Atlantic Avenue south to Clint Moore Road. Military Trail will require 6 laning prior to development under the existing Land Use Designation. The proposed FLUM amendment will not increase the traffic volumes to a level which would require additional improvements over and above the 6 laning already required. While Linton Boulevard passed traffic concurrency the portion between Military Trail east to Waterford Place required analysis under a more detailed test (alternative Te.t 1). One portion of the roadway, the intersection of Linton Boulevard and 1-95, did not pa.. the alternative test. An additional analysis was undertaken for this intersection which esti_ted a reduced impact based upon traffic diversion with the opening of the Congress Avenue/l-95 interchange. When the resulting reduced traffic volumes were utilized the Linton Boulevard and 1-95 intersection also passed the alternative test. The Palm Beach County Traffic Division has reviewed the traffic study and has tentatively accepted the conclusions within that report. Prior to the approval of any development on the site, improvements to the traffic system which accommodates that development must be in place or programmed. ., P & Z Staff Repe- Future Land Use ..~p Amendment Page 5 . Land U.. Compatibility: The proposed distribution of the residential land use designations maximizes compatibility with adjacent land use designations. The LD (Low Density residential) is proposed along the south and west borders adjacent the Low Density land use designations of Foxe Chase to the east and Del Aire to the south. The majority of the MD (Medium Density Residential) Land Use designation is proposed along Linton Boulevard and adjacent to the "Transitional" land use designations which border the site to the west. The "Commercial Core" component which is noted internal to the site in the existing City advisory designations is proposed for relocation to Linton Boulevard. The applicant has indicated the relocation of the commercial component is to accommodate the existing Bloods packing house and to establish up to an additional 50,000 sq. ft. of commercial uses. The additional uses are primarily intended to serve the neighborhood and local residents. Compatibility with the surrounding neighborhood can be enhanced through the provision of pedestrian and bicycle access, and landscape buffers. -- While the residential Land Use designations are compatible with the adjacent and sllrrounding land use designations this H._, compatibility does not relate to any specific development proposals. The proposed zoning classification of PRD and SAD require the concurrent processing of site development plans. The findings related to the PRD are exten.aiv. and address compatibility issues. The SAD requires approval of a specific list of uses, which can only be modified by amending the SAD orcHnance. With the processing of the PRD and SAD plans, compatibility with respect to the intensity of the commercial uses, the size of lots and residential structures, landscape buffers, etc will be addressed in detail. Commercial Cor. Desianation: Although the comm.rcial is no longer completely interior to the site, the applicant has proposed to retain the Commercial Core designation and its original intent through the modification of the Commercial Core text within the Future Land Us. Element of the Comprehensive Plan. The following underlined changes to the Commercial Core definition in the Comprehensive Plan are proposed: · P , Z Staff RepC' Future Land Use ....¡p Amendment Page 6 commercial Core: This designation is applied to the communi ty f S downtown areas. It can also be apÞlied to a commercial component of a planned residential develo~ent, when that component is internally oriented, with no direct access to an arterial roadway. The Commercial Core designation includes the "Village Center" development scenario described in the Future Land Use Element and graphically shown in Figure L-8, It accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as " bed and breakfast" establish; and industrial/commerce uses as proposed in the "Village Center" development scenario, and in the Blood's Grove commercial component. While this modification to the language in the land us. plan can be accommodated, it may b. best to change the proposed land use designation itself. With the relocation of the co_rcial component to the perimeter of the site and the inclusion of the Bloods operation, it might be best to seet an alternative designation that will ensure that the commercial u... are neighborhood oriented. - An alternative to changing the language in the plan and placing the Commercial Core designation on the current Bloods operation is to apply a "Transitional" land us. designation to the 10 acre parcel. An SAD zoning could then be applied which would incorporate the Bloods operation, as well as office and commercial use. that are le.s intense than those permitted with a Commercial Cor. de.ignation. Implementation and Direction of the CoaDrehenaive Plan: Parka and Recreation. There are a few polici.. contained within the City' a adopted Comprehensive Plan which give direction with respect to providing specific facilitie. within the .outhw..t ar.a of the City. The ANALYSIS portion of the Open Space and Recreation Element id.ntifi.. the need to locate a park in the .outhwest quadrant of the City. It specifically stat.. that "the .iting of a neighborhood park, similar to Barwick Park but with a softball field and all purpose field is needed for adequate service" . Concurrency with respect to the park and recreation element is met in the southwest portion at the City through recent acquisition of the southwest park and provision ot a ball field and two (2) all-purpose fields with development of the southwest park and elementary school. Citywide concurrency is being met through conversion of existing facilities to all-purpose fields, and provision of recreational facilities in new parks and schools. , P & Z Staff Repe Future Land Use ....1p Amendment . Page 7 The following improvements have occurred since the last update of the Parks and Recreation Element: . Construction of Barwick Middle School with 4 tennis courts, 4 basketball courts, softball, 1 baseball, and one soccer field. . Construction of Banyon Creek Elementary School with 2 basketball courts, 1 softbal1 field, 1 volleyball court. * Improvements to Atlantic High School (lighting) 2 baseball diamonds and playing field. TRAFrIC CIRCULATIONI City Collector Aliqnment: The proposed PLUM change includes a change in the location of a proposed City Collector. The current street is shown on the Future Land Use Map along the west property line and through the middle of the adjacent Holland property. The proposed location is the central spine_- road aligned with Palm Forest Way (Shadywoods), proceeds south to about the center of the site, and then west through the Taheri property. The- portion of the spine road which is continued south through the Bloods site and west to Military Trail is proposed as a private gated roadway and is not part of the City collector syste.. The relocation ha. no negative effects on surrounding propertie.. The relocation substantially improves the ability to develop the Holland property northwest of the site, as the current proposed roadway location dissects the parcel. Germantown Roadway Aliqnment: During the processing of the FLUM amendment for the school and park sit. a realignment of Germantown Road wa. proposed. The realignment extended Germantown Road w..t. through the Blood. .i te and then north to Linton Boulevard at. Pal. rore.t Way. A temporary acce.. for the school and park wa. proposed fro. the western extension of Germantown Road north to intersect Linton Boulevard at right angle. where Germantown currently ..et. Linton Boulevard. The temporary ace... was to be removed with development of the permanent alignm.nt. The existing traffic light at the temporary acce.. was then to be moved to the permanent alignment (Palm Forest way and Linton Boulevard). With the relocation of the commercial operation to Linton Boulevard the exten.ion of Germantown Road to the proposed spine road (permanent alignment) is not provided. The reason tor the elimination of the connection is to preserve the vegetation and ambience at the entrance to Blood's Grove operation. Under the current proposal the temporary access would become permanent and serve the school, park, and commercial core property. The projected spine road at Linton Boulevard and Palm Forest Way will provide access to future residential development within Bloods Grove and alternative acce.. to the school, park and commercial area. · P & Z Staff Rep' Future Land Use ..cip Amendment Page 8 Information with respect to how the two intersections (temporary and permanent) would affect signalization along Linton Boulevard was requested and has not been provided. Staff members of the County Traffic Division have stated that the minimum spacing between signals is 1000 feet. The two proposed intersections will be' approximately 550 feet apart. The Traffic Division indicated the existing traffic light would stay at the Germantown / Linton intersection unt~l the traffic volume at the spine road (Palm Forest / Linton intersection) warrant signalization. At that point the existing light would most likely be relocated. The signal relocation would leave traffic from Germantown Road, the school site, park and Bloods commercial operation intersecting Linton Boulevard at a non signalized intersection. The original proposal and alignment would have all traffic intersecting Linton Boulevard at the signalized intersection at Linton and Pal. Forest. It is possible that the school/park intersection can be installed at a location that is east of the current proposal. The additional distance may provide adequate spacing to allow both intersections to be signalized. The location of the intersections and the prospects for signalization must be addressed with submission of the master site plan for tn. development. R I V I I W B Y 0 T H IRS: The land use amenctment request is not in a geographic area requiring review by either the HPS (Historic Preservation Board), DDA (Downtown Development Authority), or the CRA (Community Redevelopment Agency). Courtesy notices were sent to: * Palm Beach County Planning * City of Boca Raton * Helen Coopersmith (PROD) * Erminio P. Guiliano (Fox. Chase) * Saul Weinburger, (Del Aire ) * Ji. Goggin (Country Lake Association) * Shadywooda Homeowners Association. * Spanish Wells Condo Association * Gretchen Bacon, Oakmont Residential Assoc. ASS E SSM E N TAN D CON C L U S ION S: The proposed FLUM amendment generates several concerns relating to the relocation of the commercial uses which are summarized in the following paragraphs. These include: , p , Z Staff Repe Future Land Use ....ap Amendment Page 9 Commercial Corel The original intent of the Commercial Core designation was to primarily serve the commercial needs of the surrounding subdivision. The proposed relocation and accommodation of the existing.. Bloods operation differs in some respects fro. the intent of the Commercial Core. An alternative to applying a "Commercial Core" designation is to apply a Transitional land use. The current and proposed uses are consistent with uses allowed under those zoning designations allowed under the Transitional land use designation. This alternative would provide some limitations on the level and intensity of future uses. Aliqnment of Germantown Road I With the negotiations of the school site and park site the extension of Germantown Road was proposed. The applicant agreed to this alignment at that time. With the relocation of the commercial component the applicant has proposed elimination of . portion of the alignment to maintain the ambience of the existing entry. The elimination of the extension may negatively effect signalization of related intersections with Linton Boulevard. This issue must be resolved with the processing of the master site plan and development activity of the school site. The next steps in the development process will be annexation and initial zoning of the property. Each of the proposed zoning designations, PRD and SAD, also require concurrent submittal of master plans. Some of the issues identified in this report 1.e. Germantown Road alignment; and compatibility of site specific plans with adjacent existing land use types are to be resolved at these stage.. A L T ! R N A T I V ! s: A. Continue with direction. B. Recommend approval of the FLUM designation change from County MR-5 to City LD (Low Density), CC (Commercial Core), OS (Open Space); language changes to the Commercial Core: and relocation of the City's collector roadway subject to conditions; C. Recommend approval of the FLUM designation change from County MR-5 to City LD (Low Density), MD (Medium Density), _c Transitional, and OS (Open Space); recommend no cha~;e to the text of Commercial Core; and relocation of the City' 5 collector roadway subject to conditions; p , z staff Repe Future Land Use ..~p Amendment Page 10 D. Recommend denial of the FLUM designation changes based upon a failure to make positive findings with respect to compatibility (location of commercial component). S TAr r R ! COM M ! N D A T ION: By motion: Recommend approval of the FLUM designation change from County MR-S to City LD (Low Density) , MD (Medium Density) , Transitional, and OS (Open Space) ; recommend no change to the text of Commercial Core; and relocation of the City's collector roadway, based upon a finding that the proposed land use classifications are consistent with those that were previously approved with the adoption of the City's advisory land use classifications for unincorporated areas; and that the intensity of the commercial uses and compatibility with adjacent properties can be further addressed through the processing of a Mast~ Site and Development Plan and the adoption of a Special Activities District. pcSa.a1.u.b1.oocS , - UI Verd.. ~ DoIray Tt c._ IffirriJ~ Palm Court . Holland Prof. Plaza Linton (10 ac.) Oaka Square CP I fløw / I S. County Mental Health t.Ы Walmart S__. S. Cou"", Vacant Prof. 0ffiCDa FOM Chase Country lak.. Taheri (35 ac.) - - Church oe LÞ« ...... :58 .... 8e1-AI,.. t.I)C ð.... Del-Þ.Jre Medium Dusity ResideatbJ (MD-R) 40 acres Blood's Hammock Groves Low Deasity Resideatial (LD-R) 39 acres Future Land Use Map Amendment Commercial Con (CC) 10 acres With Schematic Roadway Network OpeD SpICe (OS) 4 acres -- TOTAL ~ ~ -=- ., ~9J.\C _ ,'. . \. - .- . a~ .,: ~- - '- . lJ PROPOSED LAND USES ..,4r' ....:....., l MAR 24 199~ PLANNING & ZONING I " -~ --- -- . .. -~.- - --:...:;--c ~~r.. - - - ~ - - - -:;p- -..... -- --~ -----= -- = ~ -- -- ---~ - - - - -- - =-=------ - - - - . - . - -- -- -- - - - -- ----- - = ~-- -- -- -- ---- -=~ == . .. - - - - -- Ii _-~ -- -- . ~= _:-=-- - · - - - --~- -- ~. - - .. ~.= ., - ... ..... · · - ... 'V ;¡ESICENTIAL. I.ANO USES INDUSTRIAL LAND USES CO....UNITY 'ACILITIE-S ¡ .. i - ~ . - INDUSTRIAL ;:n. .' rr:\ - L.OW CENSITY 0-5 CU/ACRE P\;:7 - ,.UILIC IUILDINGS Y¡]J ~ - CO....ERCE O - MECIUM C;~SITY 5-12 OU,ACRE Re - RECREATION FACIL.ITIES RECREATION ¡ O"EN S"ACE o - RURAL RESIOENTIAL. Ð - OPEN S,.ACE. ACTIVE C@ - CHURCHES '""' - T~_~NS~TI0~AL. Q - O"_E_N__~"~CE, ,.ASSIVE Se _ SCHOOI.S, it PROPOS:;) ;(. RCIAI. I.ANC WSES 0 - WATER _BgOIES ._ - H~ - HOSPITAL.S e - TRANSITIONAl. R@ - RECREÃÏ"I"ON 'AéïLïTIES- ~ ~ - CO"MERCIAL CORE CG.- CONSERVATION AREAi ~~ - CONFERENCE/OTHER ~ - GENERAL CO......ERCIAL __ 0 - SUIJECT TO.c:.0NSERVATION ,.OLICY 1-1.2 REOrVELO....r.NT AREAS OESIGNATEl EXISTING LAND USES ~ . ~ . .,.: ~ I I : I' \ : ~l ~L! ,. - - - - - - - - - - - - - _'_ - - - - - - - _._ - _~_ - - - - ¡ j I ~ - - 1 ~ i ___.---.-.--.-.---.I~------.-.---- _.u_'. ________________l. _________ .____ I _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - -" r:- - - - - - - - - - - -- - - - - -i · PALM F'ORi'ST ..r \ ' \ /- - - - - - - - - - u -- - - 1 ~ I! r - -- -- .- - - - - -- l 1 ( ~~;"r-rl ¡\'i ¡ ¡ , ' II' "I: :.: ^" ... I rï ~I II, I ~ , \ -¡ - . '01 I <: m .. I.Zf'IOIW I '\' I ~ õ ;~I ! u.s. 1'« I tnCIlC'C ~ J ~ rœf'''', "~I II ~"""', ,\, I ~ - I ... I ~ I, '\'1 ~ i1,Dl \ '.~I '. \ ~~,. , , I / It ~l ~\ I .. ~~, I _ \ ,'\"-\ / - ',\,~' / \ ,,' \ \. \ \'" '\ \ , \ " .......... I \ \\\ , "ì' , \,\ \ / \ \ \' \ / LI .c , \ \' " ' , ,.. \ \ \\ " , \ \ , \ , \ U/C. :¡ '" ~ ~.~~/ \I I' I ../C. 1. / /t' / ,. . ~.,. I '/,'; ~ ,I, "- ÐDteIT II ... c:w ,. ......... ...,. " t I 'I ' II' ~ ~ NG ~ .. I ' ,It, " I /,! " , , I ' 'f1/IIMÐIf _ I I . flit rlA1Øf AQ I I . I · \ 1/ í I \' ':// :; \ 1/;' I . 'T'1f c..,.s¡ Joo...r J,"(W J4 ~.o&:$ . -: _' , / ! _u_______ PROPOSED RIGHT OF' WAY _ ,~ PROPOSED PAvE~ENT i - - - - - - - - - FUTURE RIGHT OF' WAY - - - - - - - - - - - FUTURE PAV{t.lENT - CITY of DELRAY BEACH I ENVIRONYENTAL SERVICES DEPARTMENT ~'" SCHOOL SITE ..~ II C3' $Om mNTOK .1'DftJI. DlI.&if lid. ft.OlIh SS444 ACCESS ROAD j MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t"Jt ! SUBJECT: AGENDA ITEM i /0 c. - MEETING OF MAY 17. 1994 ORDINANCE NO. 27-94 REZONING & CONDITIONAL USE/FLORIDA POWER AND LIGHT FACILITY DATE: MAY 13, 1994 This is public hearing on an ordinance rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) and Conditional Use for Florida Power and Light to establish a power transfer station on a 2.826 acre parcel located south of Lake Ida Road, on the west side of the CSX Railroad right-of-way. First reading on this ordinance was May 3, 1994, and passed by unanimous vote (5-0) of the Commission. Recommend approval of Ordinance No. 27-94 on second and final reading. - I . . . ...,r '7 C I T Y COM MIS S ION DOC U MEN TAT ION TO: D T. HARDEN, CITY MANAGER THRU: FROM: PLANNER SUBJECT: MEETING OF MAY 3, 1994 FIRST READING OF AN ORDINANCE REZONING A 2.826 ACRE PARCEL LOCATED SOUTH OF LAKE IDA ROAD EAST OF CONGRESS AVENUE FROM PCC (PLANNED COMMERCE CENTER) TO CF (COMMUNITY FACILITIES). s ACTION REQUESTED OF THE COMMISSION: The action reque~ted of the City Commission is that of approval on first reading of a rezoning ordinance affecting approximately 2.826 acres on the south side of Lake Ida Road immediately west of the CSX Railroad. BACKGROUND: The rezoning request is from PCC (Planned Commerce Center) to CF (Community Facility). The site is located immediately adjacent to the CSX railroad, south of the City utility yard on the south side of Lake Ida Road. Access is provided via a 56' access easement which runs along the east border of the City Utility yard. The related Conditional Use request is to establish an FPL power transfer station on the site. The facility will contain electrical switching equipment in a screened fenced compound. No building8 are proposed. The Conditional Use will be scheduled for City Commission consideration concurrent with second reading of the rezoning ordinance. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a public hearing on April 18, 1994. No one from the public spoke regarding the request. The Board recommended approval of the Rezoning and Conditional Use request on a unanimous 7-0 vote. , ·. FPL Rezoning City Commission May 3, 1994 . Page 2 RECOMMENDED ACTION: By motion, approve on first reading a rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) based upon positive findings with respect to Section 3.1.1, section 3.3.2 (Standard~ for Rezoning), 2.4.5 (D) (5) (Rezoning Findings) and policies of the Comprehensive Plan. , Attachment: * Site map. - y:fplccdoc I i ORDINANCE NO. 27-94 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC ( PLANNED" COMMERCE CENTER) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; I SAID LAND BEING LOCATED SOUTH OF LAKE I DA ROAD,- ON t THE WEST SIDE OF THE CSX RAILROAD RIGHT-OF-WAY; AND I AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; I PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, I 'I AND AN EFFECTIVE DATE. t WHEREAS, the property hereinafter described is shown on the I I I Zoning District Map of the City of Delray Beach, Florida, dated I ! April, 1994, as being zoned PCC (Planned Commerce Center) District; and i I I WHEREAS, at its meeting of April 18, 1994, the Planning a~d I ì r Zoning Board for the City of Delray Beach, as Local Planning Agency, I reviewed this item and voted unanimously to recommend approval of the I rezoning, based upon positive findings; and : WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. ! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby i amended to reflect a zoning classification of CF (Community Facili ties) District for the following described property: I ¡ I t I I A portion of Lot 20, Block 1, of DELRAY SHORES, I I I according to the Plat thereof recorded in Plat Book t I 24-, Page 232, of the Public Records of Palm Beach I CoUA~Y, 'lorida, said portion being more particularly I i described aa follows: I Commence at the northeast t corner of said Lot 20, I ì i Block 1, said northeast corner being the intersection t of the northwesterly right-of-way line of I the CSX I i (formerly Seaboard Airline) Railroad, with the I southwesterly right-of-way line of Lake Ida Road; thence run southwesterly along said right-of-way line of CSX Railroad, a distance of 361.01 feet to the point of beginning; thence continue in a ! southwesterly direction along said right-of-way of I CSX Railroad, a distance of 500 feet, to a point in t I I i ! I I . · the north right-of-way line of Lake Worth Drainage I I District Lateral No. 32: thence run in a westerly direction along said north right-of-way line of Lake Worth Drainage District Lateral .No. 32, a distance of i 240.39 feet; thence in a northeasterly direction of I , parallel to said westerly right-of-way line of CSX i Railroad, a distance of 569.65 feet; thence in a southeasterly direction at right angles to the ! preceding course, a distance of 230.18 feet more or less, to the point of beginning; said tract containing 2.826 acres, more or less. I I The subject property is located south of Lake Ida I I ¡ Road, on the west side of the CSX Railroad I right-of-way. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of t~e City of Delray Beach, Florida, to conform with the provisions of I, Section 1 hereof. Section 3. That all ordinances or parts of ordinances In conflict herewith be, and the same are hereby repealed. I I Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such I I decision shall not affect the validity of the remainder hereof as a I ì whole or part thereof other than the part declared to be invalid. I I I Section 5. That this ordinance shall become effective ten I (10) days after its passage on second and final reading. I PASSED AND, ADOPTED in regular session on second and final I reading on thi. the day of , 1994. MAYOR ATTEST: City Clerk ) j First Reading Second Reading - 2 - Ord. No. 27-94 I . ~ '0T '·~/fTT~'U , I. '\.- PRD ,\.. ~ } "1 0) I r ---..¡ C ~ -zz<: ~ "'Ibe / IE ~ ,:) ~ - ~J= -Ø~ P~C "'~ S I -' ~ ~ 1:: I 1 ~ . ~ L A K E I~"" . J ~. ~ CI V1 J ~ -.... vi Q ~ 4j. ¡..;;;; ~ "0 ~ "'0 PC ~~., ~: CJ ~ RM-8 0 ~IC I (J ) u ~ II I I I I CANAL ¡L-32 ,,- I FJ~/r-- / L.Ø I - - "@ 111, IL ~ ! -'0 ~ a ~ ..,. ~ ::- ~ - l' . p --' ~11:""'. J - 1'1... ~..o ~ , / ~ - - lit MIC ~ ~ - ------- - ~ r .~ I I ~ ~ '!f ..,J ~ ~ c:¡ ~ os ~ ~ r-- ~ 0( ~ r--- ~ ~ <.; ......- ; J t- ~ fLORIOA POWER ~ LICHT i n SUBSrA TlON i , PLANNING AND ZONING BOARD l",ITY OF DELRAY BEAC·H --- STAFF REPORT -- MEETING CATE: April 18, 1994 AGENCA ITEM: V. A. ITeM: Change of Zoning from PCC to CF & a Conditional Use Approval for an FPL Transformer Facility, on a 2.8 Acre Parcel GENERAL DATA: awn.r....................Florida pow.r .nd Light, Inc. Appl1c.nt................Jo..ph ~.~ Loc.t1on.................South of Lak. Ida Road, on th. w..t sld. of th. CSS Ra1lroad r1ght-of-w.y. Property 81&.............2.826 Acr.. C1ty Land V.. .lan·......Co...rc. City loaing..............PCC (Planned C~rc. C.nt.r) Propo.ed lon1ng..........CF (Comaun1ty raciI1~~..) Adjac.nt Zoning.. North: PCC E..t: MIC (M1x.d Indu.tr1al .nd Comm.rci.l) South: MIC W..t: PCC Existing Land U..........Vacant Proposed Land Us.........R.zoning to cr and Conditional Use approval accommodat. an F.P.L. sub-station. Wat.r S.rv1c.............M/A Sewer S.rvic.............M/A V.A. I T I Ie B I 'OR I T H I lOA R D: The action before the Board is that of making a recommendation on a Rezoning from PCC (Planned Commence Center) to CP (Community Facility) and an associated Conditional Use request to establish a "power transfer station", pursuant to Section 2.4.5 (D) , (E) of the Land Development Regulation.. The property is locateå on the south side of Lake Ida Road immediately west of the CSX Railroad.: A sketch plan is accompanying the Conditional Use request and is attached a. ExhiDit "A". A full .ite plan will be required it the rezoning and conditional use request. are approved. I A C K Q R 0 U . D: The property was owned by the City of Delray Beach until 1974. In 1974 the City sold the property to PPL along with an acce.. easement parallel to the CSX railroad acro.. city owned property. In Augu.t, 1991 the parcel was included a. part of a develop.ent propo.al involving property bordered by Congre.. tp the w..t, the CSX railroad to the ea.t, Lake Ida Ro.d to the north and the LWDD district on the south. The development proposal involveå cr.~tion of a recr.ation co.plex und.r an SAD zoning d..ignation. Th. proposal included a land .w.p which would have reconf igured the FPL holding., tying th_ into a recreation complex which was to include tenni. facilitie., an outside race tract, .iniature gulf, batting cage. etc. The develop..nt propo.al wa. discus.ed before the City Co..i.sion in October of 1991 at which time an unfavorable reaction wa. given. No further action wa. taken on the propo.al and no other land use activity baa occurred on the aite. '.OJICIf D I I C . % , If % 0 .: Th. .ite i. 123,100 aq. ft. or 2.82' acre. in .ize, and i. currently vacan~. The site i. located i-..diately adjacent to the CSI railroad, .outh of the City utility yard on the south side o~ Lake Ida load. Acce.. i. provided via. ". wide access ease_at. which runs along the ea.t border of the City utility yard. Wooden fencea and storage mat.rial. exi.t within the 56' access ...._nt are. and will need to be re.oved or relocated with this develop.ent propo..l. The rezoning request is fro. PCC (Planned Comm.rce C.nter) to CF (CoDIIDunity Facility) . Th. Condi tional U.. requ..t b.for. the Board is to establish an FPL power transf.r station on the site. The facility will contain electrical switching equipment in a screened fenced compound. No Þuildings are proposed. , P&Z Staff Report FPL Rezoning and Conditional Use Page 2 Z 0 If I N a A If A L Y 5 I 5: The subject parcel is currently zoned PCC (Planned Co_ere. Center) and the requested change is to cr (Community Facility). The surrounding zoning is PCC to the we.t and north, MIC (Mixed Industrial and Commercial) to the south, and the CSX railroad and fIC to the ea.t. : REQUIRED FINDINGS: (Chapter 3) pur.uant to section 3.1.1 (Required rindingl), prior to the approval of development applicationl, certain finding. mu.t be made in a fora which i. part of the official record. Thi. may be achieved through information on t.he application, the staff report, or ainut... rinding. .nall b. mad. by the body which ha. the authority to approve or d.ny the d.v.lopm.nt application. Th... finding. relata to the following four .r.... Future Land UI. MaD I Th. 'I.. or structur.. .u.t be allowed in the loning dietrict .nd the loning di.trict .u.t be conei.t.n~ with the land u.. d..ignation. The Futur. Land Us. Map d..ign.tion for the property is "CollUD.rc.... The allowable zoning d..ign.tion. which are deemed consi.tent with the Coma.rc. Land U.. d..ignation ar.: - pce Planned Commerce Cent.r - M...... Mixed Indu.trial and Commercial (cur~.nt zoning) ..... - CF Co.-unity Faciliti.. The reque.ted zoning chang. i. froa PeC anned Coma.rce Center) to cr (Co-.unity Faciliti..). Purlua to the purpo.. state.ent for cr zoning [S.ction 4.4.21(A»), ~ er district is .. deemed coapatibl. with all land u.. d..igrwt1on. shown on the Futur. Land U.. Map. Th. purpo.e state..nt ..y. further that CF zoning is a .pecial purpo.e zone di.trict pri.-rily intended for facilities which .erve public and ..-1-public purpo.... Pursuan& to Section 4.4.21(C)(12), within th. cr zoning di.trict "Utility raciliti.." are allowed .. a Conditional Use. Th. Conditional U.. action for this ite. i. occurring concurrently. eoncurrenff' racilitie. which are provided by, or through, the City .h. be provided to new develo~nt concurrent with i.auance of a Certificate of Occup.ncy. The.e facilitie. .hall be provided pur.uant to level. of servic. eatabli.hed within the Compr.hen.ive Plan. Th. stated purpo.. of rezoning the p !rcel i. to accollUDoc1a te a power transfer station. As the dev.lopment proposal 1s for an unmanned facility the us. will not have an impact on services with respect to water, sewer, solid waste, park. and open space. Concurr.ncy with r..pect to drainage i. better addr....d durinq the site dev.lopment proc.... P¡Z Staff Report FPL Rezoning and Conditional U.. Page 3 Pursuant to Section 2.4.5 CD) with all rezoning reque.t., traffic information i. required which addr..... the develop..nt of the property under rea.onable inten.ity pur.uant to the existinq zoning and the propo.ed zoning. The r.zon1ng and establi.hment of the utility facility will re.ult in a net reduction of trip. over the curr.nt PCC zoning d..ignation. The "power tran.fer stat1on" will generate four v.h1cle trip. per week on Lak. Ida Road a.sociated with u1nt.nanc. visits conducted twic. weekly. Wh1l. Lake Ida Road i. curr.ntly over capacity, traffic concurrency i. met aa th1. portion ot the La~e Ida Road is eligible up to an add1t10nal 685 tr1p. per the 5' rule. Thi. addit10nal 5' capac1ty was allocated to the roadway a. it wa. over capacity at the ti.. ot adoption ot the County Traffic Performance Ordinanc.. Con.i.t.ncy: complianc. with the perfor.anc. .tandarda ..t forth in Section 3.3.2 (Standard. for ...onin9 Actiona) along with the requ1red finding. in S.ct.ion 2...5 (D)(5) (Ie.onlng rlndlng.) .hall b. the ba.i. upon which a fincUn9 of ov.rall con.1.tenc:y i. to be ud.. Oth.r obj.ctive. and ,olici.. found in the adopt.ed Compr.hen.ive Plan may be u.ed in ..JEilUJ of a flndlng of overall eon.i.t.ncy. Comprehen.ive Plan policie.. A review of the obj.ctiv.. and polie1e. of the adopted Comprehena1ve Plan wa. conducted and the tollow1nC) applicable obj.ct1ve and polici.. are noted: Land U.e Ileunt Object.ive A-I: Vacant property .hall be developed in a ..nner .0 that the future us. and 1ntena1ty 1. appropriate and coaplie. in tera ot .oil, topographic, and other applicabl. phy.ical con.iderations, i. coçli_nury to adjacent land us.., and fulfills re..inin9 land u.. need8. Th. propo.ed power tran.fer .tation fulfill. r...in1ng land u.. needa.and i. not detrim.ntal to adjacent indu.trial or pot.ent.ial office u.... Land U.. Il_t. 'olicy A-l.., "C~rc:e· Land U.. which involv~ a a1& of light indu.trial, co...rc:ial u.e., and re..arch and developaent are the mo.t needed land u.e. during the city'. final .tag. of build-out. Thu., chang.. to the Land U.. Map which dia1nl.h this land u.. are di.couraged. While change. to the Land U.e Map are not propo.ed the d.velopment. propo.al r.pre.ent. degelo~nt of Comm.rce land with a non comm.rce u.e. However, the prov1sion of the public facilities are needed to .upport future developm.nt and further tho.. goal. a. outlined 1n the following Objective 8-1 b.low. I P&Z Staff Report FPL Rezoning and Conditional Use . Page 4 Land u.e Ile.ent Objective 8-11 New development shall not occur upon land which is needed for pUblic facilitie. which are necessary to support development within the community. The proposed development is a public facility referred to 1n this objective. Section 3.3.2 Standard. Action. I Th. applicable per ormance etan arde 0 and ot er policle. which apply are a. follow.: A) That a rezoning to other than cr within .tabl. re.idential area. .hall b. danied. (Hou.ing Ile.ant A-2.4) The subject parcel i. not located within a neighborhood classified a. "stable" within the hou.inq el...nt of the Comprehens1ve Plan. Additionally, the raque.t i. for a rezoning to cr. B) That the re.oning .hall re.ult 1n allowing land u... whic~ are dee.eeI compatible with adjacent and nearby land u.e both e.i.ting and propo.ed, or that if an inco8Patibility uy occur, that cuff1ciant regulation. a.i.t to properly mitigate adver.. i.pact. from the new u... The cr zoning i. being sought to accommodat. a utility power transfer station which is allowed a. . Conditional U.e. Site specific compatibility of the utility facility with the adjacent u.e. will be enhanced through the in.tallation of tre.. 30' on center and hedge ..terial around the perimeter of the .ita. LDR COMPLIANCE: Section 2.4.5{D}(5} (Rezoninq Flndinq.): pur.uant to lection 2.4.5(D)(1) (rindin..), in addition to provi.iou of Sect.ion 3.1.1, the City CClat..ioft ...t uke a finding that. the r..oning fulfill. on. of the ~a.ou for which the re.oainl change i. being .ought. The.. r...one include the fol, lowiftfJ a. That the loning had previou.ly been changed, or wa. originally e.tabli.hed, in arror, b. That there ha. been a change in c:ircwutance. which make the current zoning inappropriate, P&Z Statt Report FPL Rezoning and Conditional Use Page 5 c. That the requelted zoning il of limilar intenlity ae allowed under the Future Land Ule Kap and that it i. aaore appropriate for the property baled upon circwutancel particular to the lite and/or neighborhood. The applicant submitted the following justification statement citing reason. (c) above; "Future Land Use is designated commerce. COllUDunity Facility is compatible with this designation, there tore , an electrical substation (power transter station) is appropriate for this particular site and/or neighborhood", The cr zoning designation i. of similar inten.ity a. PeC and is allowed under the Commerce Land Use de.ignation. Thi. site is more appropriate for this facility given the location of the high power tran.ai..ion lin.. and the service need. of the surrounding community, CO. D 1 T 1 0 . A L U S I A I A L , S I I: -- The conditional ule requelt il to eltablilh a "power tranlfer station" within the cr district. The surrounding land u.e. are vacant to the we.t and ea.t, C1ty utility yard to the north, and an indu.trial warehou.e to the louth. UQUIRlD PII1DI1fGI: (Chapter 3) Purluant to Section 3.1.1 (Required rinding.), prior to the approval of developaent appl1cations, certain f1nd1ng. mUlt be ..de in a fora wh1ch 11 part of the off1cial record. This ..y be ach1eved through infoJ:IIAt10n on the appl1cat10n, the Itaff report, or a1nute.. f1ndin,. Ihall be ..de by the body which ha. the authority to approve or deny the d...lo~nt app11cation. The.e findings relate to the followiAf four areas, rutue Land U.e Map, Co~ency, C~t1b1lity, and COIIpliance with Land Dewel~ftt legulation.. rindin,. relating to ruture Land U.. _ aDd Concurrency are dilCUI.ecI under the .onin, aaa1,.i. lect10n of the report. Con.i.tencya Coapliance with the perfoJ:IIAnce Itandardl .et forth in Section 2.4.5(1)(5) (Condit10nal U.e r1ndin,.) Ihall be the bali. upon which a finding of overall con.1ltency i. to be made. Other objective. and policies found in the adopted Comprehen.ive Plan may be u.ed in the makin, of a finding at overall conliltency. A revie" of objectives and policies of the adopted Comprehensive Plan wal conducted and dilcussed under the zoning analysis section ot the statf report. , P&Z Staff Report . FPL Rezoning and Conditional Use Page 6 - Section 2.4.5(1)(5) (Standard. for Conditional U.. Action.): pur.uant toO Section 2.4.5(1)(5) (rinding.) in addition to provi.ion. of Section 3.1.1, the City Co_i..ion mu.t uke finding. that ..tabli.hing the Conditional U.e will not I A. Have a significantly detrimentai effect upon the stability of the neighborhood within which it will be located; and B. Nor that it will hinder development or redevelopment of nearby propertie.. This site is bordered by the CSX railroad and 1-95 to the east, an industrial u.e to the south, vacant PCC zoned property to the west, and a City utility storage yard to the north. The establistuaent ot the power transfer station will not have a significantly detrimental ettect upon the .ta1)ility of the neighborhood nor will it hinder develos-ent of nearby propertie.. The provi.ion of this tacility w111 prov1de a needed ut1lity service tor future develop.ent 1n the area. s Compliance with Land Develoøm.nt ReGUlations: If the rezoning and conditional use request is approved a full site plan submittal and approval by the Site 'lan and Appearance Board w1ll be required. At that stage the following it... must be addressed; Intry Drivel Th. .ntry drive is proposed acro.. a larg. ftale on the south side of Lak. Ida Road. Engineering plans aust be s~tted and th... plana .hould be coordinated with 'ala Beach County Lake Ida widening plana for 94/95. Sidewalaa Pursuant to Section I.l.3(A) lidewalk1 are required .10ng Lake Id. RoM for . portion of the 51' acee.. ......nt area. However, a. .idewalk. are propo.ed with the widening of Lake Ida Road in 94/95 the.. lidewalk segment. need not be provided by this development. R I V I I 1f 8 Y o '1' H I R II This proposal is not located in a geographic area requiring review by either the HPB (Hi.toric Pre.ervation Board) , DCA (Downtown Development Authority) or the CRA (COmmunity Redevelopment Agency). . P'Z Statt Report FPL Rezoning and Conditional Use Page 7 It the Rezoning and Conditional U.e request. are approved, a site plan must be submitted for review by the Site Plan Review and Appearance Board. The site i. to be generally con.i.tent with the sketch plan and any condition. of Conditional U.e approval. NeiqhÞorhood Notice: . Formal public notice has been provided to property owner. within a 500' radius of the subject property. A courte.y notice has been sent to Helen Coopersmith (PROD), Art Jackel (United Property Owners) and Jean Miner (Delray Beach Coun.el of COlDIDunitie.). AS' I 8 S MI. T A. D CO. C L U I I 0 . ., Thi. development proposal i. appropriate given the location of the tran..i..ion line. and the service need. of the co-.unity. Locating the power transfer station at this site a1ni~a.. expo.ure to Lake Ida Road and Congress Avenue and utilize. a sit. which i. abutted by les. de.irable u.e. 1-", CSX railroad and industrial u.... A L T I R . A T I V I C 0 U R I I I 0' ACT I 0 . S: A. Continue with direction. B. Reco..end approval of the Conditional U.e and Rezoning with conditione. C. Reco_end denial of the Rezoning and Conditional U.e reque.ts baaed upon a failure to make poaitive finding.. . . T A " R I COM MI. D A T I 0 ., Reco_end approval of: · the Rezoning reque.t trom PCC to cr based upon positive findings with re.pect to Section 3.1.1, Section 3.3.2 (Standards for Rezoning) and Section 2.4.5 (D)(5) (Rezoning Findings) and policies of the Comprehensive Plan; and . P&Z Staff Report FPL Rezoning and conditional Use Page 8 * the Conditional Use request based upon positive finding. with respect to Section 3.1.1 and Section 2.4.5(1)(5) (conditional Us. Finding) and polici.. of the comprehensive plan subject to the following conditions; 1- submittal of a site plan, landscap. plan and Engineering plans in general conformity with the accompanying sketch plan. Report prepared by Paul Dorling, Senior planner a:fplrep - - · ~ ...:., I ' C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARD~N, CITY MANAGER ~~ ~\N~ THRU: DIANE DOMINGUEZ, DIREC OR DEPARTMENT OF PLANNING ZONING ~t1Mß ~ FROM: PAUL DORLING, P NCIPAL PLANNER SUBJECT: MEETING OF MAY 17, 1994 APPROVAL OF A CONDITIONAL USE REQUEST TO ESTABLISH A POWER TRANSFER STATION AT LAKE IDA ROAD AND CONGRESS AVENUE. - ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a conditional use request to establish an FPL power transfer station on 2.86 acres. The project is located on the south side of Lake Ida Road east of Congress Avenue immediately west of the CSX railroad. BACKGROUND: The Conditional Use request involves the construction of a power transfer station. The site is 123,100 sq.ft. or 2.826 acres in size, and currently vacant. The site is located immediately adjacent to the CSX railroad, south of the City Utility yard on the south side of Lake Ida Road. Access is provided via a 56' wide access easement which runs south from Lake Ida Road along the east border of the City Utility yard. Wooden fences and storage material exist within the 56' access easement area and will need to be removed or relocated with this development proposal. The power transfer station will contain electrical switching equipment (maximum height of approximately 20') in a screened and fenced compound. No buildings are proposed. A rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) was considered at first reading by the City Commission on May 3, 1994 and is being considered for second reading concurrent with the conditional use request. /o.C..I. .-." PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a public hearing on April 18, 1994. No one from the public spoke. The Planning and Zoning Board recommended approval of the Conditional Use request on a unanimous (7-0) vote. RECOMMENDED ACTION: By motion, approve of the the conditional use request based upon positive findings with respect to Section 3.1.l and Section 2.4.5 (E) (5) (Conditional Use Findings) and policies of the Comprehensive Plan subject to the following condition; * Submittal of a site plan, landscape plan and engineering plans in general conformity with the accompanying sketch plan. - - Attachment: * Location Map y:/fmtdocs/cc-cond.doc Ë \:?ìÏ1'T ""I! ?TlI~rG , L \ ll~ PRD "-. ST. ~ ) '" ~( [0 0) - ~ I - ~ .' ~ ~C - ~ ~ c ~~ ~/ poe ~~ ~! _ t -- 1 ~ ~ ~ I ~ J " ' ~ L A K E I I~ . ~ 5 ¡ e f/ , ~ IT 0 ~ -1() PC '" CI) ~ ~ 4J 1 ~ ~Q:- . / (If ~ , . 7 I CANAL L-32 I ~~ r-- 7 / ff - ~@ L£E - "-- L ~ 7 hJ 1 J:..7fJ .0( J/~~ ! ~ PRO CI -..:.. % - . ðì """-.¡"" <C - , ~ 7 - ~,w. ~ ~1 I \ ~ rI ~ 7~ MIC ~ - ~ s s I : ~ ~ -.J - --: 0 <{" OS - ! ~ - -.; 0 - - I ::: J 0: 1 FLORIDA POWER & LIGHT n SUBSTATION . , ~ . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (I"' \ SUBJECT: AGENDA ITEM i 10 J) - MEETING OF MAY 17. 1994 ORDINANCE NO. 28-94 AMENDING THE LDR'S REPAIR AND MAINTENANCE PROVISIONS TO NONCONFORMING USES DATE: MAY 13, 1994 This is public hearing on an ordinance amending the Land Development Regulations to increase the maximum amount to be expended on repairs to nonconforming structures. On April 19, 1994 the City Commission considered Ordinance No. 24-94 which would have increased the amount that could be expen- ded on repairs to nonconforming structures from 10 percent to 25 percent. During discussion, concerns were raised that such an increase would allow for a greater investment in a nonconforming structure or use without necessarily improving the appearance of the building. The ordinance failed on first reading by unanimous vote, with direction to staff to redraft the amendment along the lines discussed. Ordinance 28-94 represents the revised amendment. It retains the - existing 10 percent limit on the amount that can be expended on normal maintenance and repairs, but allows for an additional expenditure of up to 15 percent of the current replacement cost of the structure for exterior improvements, subject to approval by the Site Plan Review and Appearance Board. It also specifies that the total amount expended for improvements cannot exceed the stated limits within any given 12 month period. First reading on this revised ordinance was May 3, 1994, and passed by unanimous vote (5-0) of the Commission. Recommend approval of Ordinance No. 28-94 on second and final reading. I . r, <-x C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~ ~ (~ - FROM: DIANE DOMINGUEZ, . \, r DIRECTOR OF PLANNING & ZONING 'k\..ÒJJ\Y-- N\\' J~ SUBJECT: MEETING OF MAY 3, 1994 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of a text amendment relating to the repair and maintenance of nonconforming structures. B A C K G R 0 U N D: This amendment was presented to the City Commission at its meeting of April 19, 1994, along with another ordinance related to nonconforming uses. As originally presented, the amendment would have increased the amount that could be expended on the repair and maintenance of nonconforming structures ( and- structures containing nonconforming uses) from la' to 25' of the replacement value of the structure. During the discussion of the amendment, Commission members expressed concern that the increase would allow for a greater investment in a nonconforming structure or use without necessarily improving the appearance of the building. It was suggested that the language be changed to allow for additional exterior improvements only. The revised amendment retains the existing la' limit on the amount that can be expended on normal maintenance and repairs. However, it allows for an additional expenditure equal to 15' of the replacement value for exterior improvements that are approved by SPRAB. It also specifies that the total for improvements can't exceed the stated limits within any given 12 month period. These changes will have the effect of allowing for additional exterior improvements that will benefit the surrounding area as well as the individual businesses. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed the original amendment at its meeting of April 18, 1994, and recommended approval. As the revisions do not increase the total overall percentage, the Board does not have to review the change. R E COM MEN D E D ACT ION: By motion, approve the revised amendment as attached. Attachment: * Ordinance by others TICCNCU2.DOC . ~ . 1.3.6 Repairs and Maintenance (A) On any nonconforming structure or on a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of fixtures, nonbearing walls, plumbing, or wiring, provided the repair work does not exceed 10\ of the current replacement cost of the structure in any l2 month period. In addition, the Site Plan Review and Appearance Board may approve exterior modifications to a nonconforminq structure or a . structure containinq a nonconforminq use, provided the modifications do not exceed 15\ of the current replacement cost of the structure in any 12-month period. · ~ i ¡ ORDINANCE NO. 28-94 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AMENDING ARTICLE 1. 3, "NONCONFORMING USES, LOT S , AND -STRUCTURES", SECTION 1.3.6, "REPAIRS AND MAINTENANCE" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE RESTRICTIONS FOR THE REPAIR AND MAINTENANCE OF NONCONFORMING STRUCTURES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. ! I i Section 1.1. 6, the Planning , WHEREAS, pursuant to LDR and I I I Zoning Board reviewed the subject matter at its meeting of April 18, , 1994, and has forwarded the change with a recommendation of approval; I and I :1 í - WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the i 1 Planning and Zoning Board, sitting as the Local Planning Agency, has i determined that the change is consistent with, and furthers the I objectives and policies of, the Comprehensive Plan. : I I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter One, "General Provisions", Article 1. 3, "Nonconforming Uses, Lots, and Structures", Section 1.3.6, "Repairs and Maintenance", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 1.3.6 Repairs and Maintenance: I I I I (A) On any nonconforming structure or on a structure I containinc¡ a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of fixtures, nonbearing , I walls, plu.binq, or wiring, provided the repair work does not , exceed lOt of the current replacement cost of the structure in any 12 month period. In addition, the Site Plan Review and Appearance Board may approve exterior modifications to a I I nonconforminq structure or a structure containinq a nonconforming use, provided the modifications do not exceed 15' of the current I I replacement cost of the structure in any 12 month period. , ,I i , ;\ .\ , · .. ,-, (B) If the Chief Building Official declares a nonconforming structure or structure containing a nonconforming use to be unsafe or unlawful due to its physical condition, such structure I shall not be rebuilt, repaired, . or restored, except in I conformance with the requirements for the zoning district in I which it is located. (C) Nothing herein shall prevent the strengthening or I restoring to a safe condition, any building or part thereof i declared to be unsafe by the Chief Building Official. I I Section 2. That all ordinances or parts of ordinances in , conflict herewith be, and the same are hereby repealed. I I Section 3. That should any section or provision of this ordinance or any pOJ:tion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such I decision shall not affect the validity of the remainder hereof as a I ,I whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective I immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final 'I reading on this the day of , 1994. i MAYOR I I :1 ATTEST: I City Clerk ,/ ! First Readinq I Second Reading '/ I I ..... - 2 - Ord. No. 28-94 I I ! I I I I I I i .. ¿JK P1 [IT' DF DELRA' BEA[H CITY ATTORNEY'S OFFICE 200 NW Is! AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: May 11, 1994 TO: David Harden, City Manager Diane Dominguez, Director of Planning and Zoning FROM: Susan A. Ruby, City Attorney SUBJECT: Koch House - Historic Desiqnation There was a scrivener's error in the legal description in the original Ordinance No. l62-88 which designated the Koch house as a historic building. Lot 22 should not have been included. Pat Cayce, Historic Preservation Planner, has confirmed that a scrivener's error was made. Recently, our office was contacted by ~indy Van Buskirk, Legal Assistant for Alan J. Werksman, Esq. who pointed out the error which impacted the closing of the adjacent property (Lot 22). - In order to correct the error, I have drafted the attached ordinance which should be recorded to clear up any title irregularities or confusion. Please call if you have any questions. Please place this ord' ance on the City Commission's agenda for consideration. Attachment cc: Pat Cayce, Historic Preservation Planner koch2.sar f CUJ&£fl- /ST~ if-o ®ç,.-:-- - -" - --. /ZA ::: ," - """, t". .":: ~ .cJ o. ~ , .. -' . . , ORDINANCE NO. 29-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE 162-88 WHICH DESIGNATED THE KOCH HOUS~ LOCATED AT 777 NORTH OCEAN BOULEVARD, LOT 21 AND LOT 22 OF BLOCK D, PALM BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A HISTORIC BUILDING; AND ENACTING THIS ORDINANCE TO PROVIDE A CORRECTED LEGAL DESCRIPTION SHOWING THE DESIGNATION AS LOT 21 ONLY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Board, at a meeting held on November 29, 1988, unanimously recommended the designation of the Koch House as a historic building; and, - WHEREAS, the City Commission of the City of Delray Beach passed on second reading on January 10, 1989, Ordinance No. 162-88 which accepted and designated the Koch House as a historic building; and, WHEREAS, the legal description contained within Section 1 of Ordinance 162-88 included Lot 22 and Lot 21 of Block D, Palm Beach Shore Acres, as recorded in Plat Book 7, Page 38 of the Public Records of Palm Beach County, Florida; and, WHEREAS, the correct legal description for the Koch House is Lot 21 of Block D, Palm Beach Shore Acres, as recorded in Plat Book 7, Page 38 of the Public Records of Palm Beach County, Florida; and, WHEREAS, the City Commission desires to correct the scrivener's error by deleting all references to Lot 22. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1- That Ordinance 162-88 is hereby repealed and this ordinance is enacted to read as follows: That the following described building in the City of Delray Beach, Florida is hereby designated as a historic building: The Koch House, 777 North Ocean Boulevard, located on Lot 21, Block D, Palm Beach Shore Acres as recorded in Plat Book 7, Page 38, of the Public Records of Palm Beach County, Florida. Section 2. That the Planning Director of the City of the City of Delray Beach, Florida, shall upon the effective date of this ! , - ordinance, amend the Zoning Map of Delray Beach, Florida, to show, in an overlay manner, the above designation. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are he~eby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective upon passage upon second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. - MAYOR ATTEST: City Clerk First Reading Second Reading 1.1 ORD. NO. . COMMENTS FROM CITY COMMISSION REGULAR MEETING OF MAY 17, 1994 11. B. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. l1.B.1. Carolyn Young. 15112 Tall Oak Avenue, stated that a Police Officer had called her on Saturday morning at 6:45 A.M. She felt that it was very inappropriate to call at such an early hour since it was not considered as an emergency. She further stated that the Officer informed her that the Police Department had been trying to contact her in order to be able to enter one of her rental units which is located at 110 S.W. 6th Avenue. The Officer alleged that there may be illegal activities being conducted on her property. Also, that Code Enforcement was unsuccessful in contacting her regarding potential code violations. Ms. Young pointed out that she is well known to City personnel and emphasized the fact that she could have been contacted at her place of business or via mail. 11.B.2. George English, 909 West Atlantic Avenue, stated that he is a member of VISIONS West Atlantic Avenue committee and reported that the committee feels that parking should remain on West Atlantic Avenue. He pointed out that businesses which are located on West Atlantic Avenue are suffering financially since the new "No Parking" signs were installed. Also, that the signs which are located within the 600 and 1000 blocks have certain time limitations with special hours allocated for individual businesses on these particular blocks. Mr. English felt that the 900 block in particular was being penalized. 11.B.3. Andre Leroy Andrews. 618 S.W. 6th Avenue, voiced his personal opinion regarding comments expressed previously by Mr. English. He emphasized that he wants to see drug activity and loitering along West Atlantic Avenue ceased; however, he felt there should not be any interference from City officials or City staff. He felt that innocent people were needlessly being forced away from businesses in this particular section of the City. He added that he personally was aware of individuals who had received parking tickets and/or had their vehicles towed along West Atlantic Avenue. He felt that the business owners in this area of town should be treated the same as business owners which are located east of Swinton Avenue. Mr. Andrews suggested that the City Commission hold a special workshop with the owners of businesses along West Atlantic Avenue in order to try to resolve this issue. 11.B.4. Daniel Wright. 106 N.W. 12th Avenue, pointed out that individuals in the audience who wished to address the Commission on their personal topics should be gi~en more time to voice their concerns. He compared the length of time which was extended for the Blood's project to the public comments portion of the agenda. Mr. Wright made reference to the fact that the . . . . Mayor was not present for this portion of the agenda since he had left the meeting early. He commented that individuals in the audience who wished to address the Commission felt slighted. 11.B.5. Jonathan Green, owner of a business located at 1005 South Congress Avenue, stated that he had been burglarized twice during the past two weeks. He felt that the majority of police security is being concentrated in the West Atlantic .Avenue area leaving insufficient police coverage for the remainder of the City. 1.h Comments and Inquiries on Non-Agenda Items. 13.A. Commission. There were no comments nor inquiries made by Commission Members. 13.B. City Attorney. The City Attorney reported that there may be an ordinance passed in the near future by the Board of County Commissioners which would levy certain fees which relate to Wellfield Protection. A draft resolution has been forwarded to the City Attorney's Office and will be placed on the Commission's next regular meeting agenda. 13.C. City Manager - No comments. ,