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05-03-11 Regular Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, May 3, 2011 Regular 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Meeting 6:00 of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to p'm' limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings adjust the amount of time allocated. 7:00 p.m. Delray Beach City xa11 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 Commission 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: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 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 come 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, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. 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, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W.1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 1. ROLL CALL The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. April 12, 2011 -Workshop Meeting B. April 21, 2011- Regular Meeting 6. PROCLAMATIONS: A. National Preservation Month -May 2011 B. Knights of Pythagoras Mentoring Network's Ladies of Distinction Day -May 7, 2011 C. Travel and Tourism Week -May 7-15, 2011 D. National Emergency Medical Services Week -May 15-21, 2011 E. National Public Works Week -May 15- 21, 2011 F. Water Reuse Week -May 15-21, 2011 7. PRESENTATIONS: A. Recognizing and Commending Dale Medeiros for her multitude of volunteer service hours with the City, local and national organizations. 8. CONSENT AGENDA: City Manager Recommends Approval A• RESOLUTION NO. 19-11: ABANDONMENT OF A UTILITY EASEMENT/1110 WATERWAY LANE: Approve abandonment of a 5' x 100' utility easement on the property located at 1110 Waterway Lane. B. TRANSPORTATION ENHANCEMENT PROGRAM GRANT PROPOSAL/ PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO Authorize submitting a Transportation Enhancement Program Grant Proposal to the Palm Beach Metropolitan Planning Organization (MPO) for beautification improvements along N.E. 2nd Avenue within the Del-Ida Park Historic District. C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/B & O CONSTRUCTORS, INC.: Approve Contract Closeout (Change Order No. 1/Final) to B & O Constructors, Inc. in the amount of a $1,225.21 decrease and a final payment amount of $8,550.31 for completion of the Munnings/Williams House Rehabilitation Proiect. Funding is available from 334-4851-575-62.89 (General Construction Fund: Buildings; Munnings/Williams Rehabilitation). D• SERVICE AUTHORIZATION 07-05/WANTMAN GROUP/S.W. 10TH AVENUE WATER MAIN UPGRADES: Approve Service Authorization No. 07-05 with Wantman Group in the amount of $48,846.00 for design of a water main upgrade on S.W. 10th Avenue from S.W. 2nd Street to West Atlantic Avenue. Funding is available from 442-5178-536-68.76 (Water & Sewer Renewal & Replacement Fund: Improvements Other/S.W. 10th Avenue WM). E. AMENDMENT NO. 1 TO THE ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve Amendment No. 1 to the Alternative Water Supply Grant with South Florida Water Management District (SFWMD) to reduce funding from $210,900.00 to $154,800.00 for the Area 11B Reclaimed Water System expansion.Funding due to the grant reduction is available from 441-5181-536-65.96 (Water & Sewer Fund: Other Improvements/Reclaim Water Transmission). F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING REHABILITATION CONTRACT AWARDS: Approve two ~) Housing Rehabilitation contract awards for 1414 N.W. 2nd Avenue and 1417 S.W. 4th Street to Citywide Construction Services, Inc., the lowest responsive bidder, in the amount of $58,476.45 for housing rehabilitation grants under the Community Development Block Grant (CDBG). Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). G. HOUSING REHABILITATION BID AWARDS FOR NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Award three ~) NSP Housing Rehabilitation projects through the Community Development Division to C.T Contracting, LLC. in the amount of $34431.60 for 2216 N.E. 3rd Avenue, All Phase Roofing & Construction; Inc. in the amount of $27,120.45 for 125 N.W. 12th Avenue and to Haywood Construction in the amount of $43,097.25 for 1505 S.W. 3rd Court. Funding is available from 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation). H. ADOPTION OF DELRAY BEACH PEDESTRIAN/BICYCLE TASK TEAM FINAL REPORT: Formal adoption of the Delray Beach Pedestrian/Bicycle Task Team Final Report. L SPECIAL EVENT REQUEST/AVDA 5K WALK/RUN: Approve a special event request to endorse the 14th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA~ Walk/Run to be held on Saturday, October 15, 2011 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.60 for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Bucida Road to George Bush Boulevard, to waive parking meter fees in the Anchor Park and Sandoway lots from 5:00 a.m. to 11:00 a.m., and to authorize staff assistance for providing traffic control, barricading, signage, trash clean up and removal, City generator use, and set up and use of the small stage. J. SPECIAL EVENT REQUEST/4th OF .TULY FESTIVITIES: Approve a special event request for the 4th of July Festivities, including erg anting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of N.E./S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from 2:00 p.m. to midnight; to waive Code of Ordinances Sections 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, to allow all beach parking lots to remain open until approximately midnight, and to approve staff support for security and traffic control, street barricading and banner hanging, large stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 18, 2011 through April 29, 2011. L. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Spearhead Development Group, Inc. in the amount of $102,999.80 for the construction of several sidewalk improvements associated with the Community Improvement Sidewalk Phase II project. Funding is available from 118-1965-554-63.11 (Neighborhood Services: Improvements - Other/Bikepaths/Sidewalks). 2. Purchase award to Sensus USA, Inc. in the amount of $241,500.00 for the purchase of 2,000 one inch and 3/4 inch water meters. Funding is available from 442-5178-536-61.81 (Water & Sewer Renewal & Replacement Fund: Land/Water Meter Replacement Program). 3. Contract award to Foster Marine Contractor's, Inc. in the amount of $1,586,019.82 for the construction of improvements on S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue from S.W. 10th Street to West Atlantic Avenue. Funding is available from 334-3162-541-68.04 (General Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn/14th Avenues 448-5461-538-68.04(Storm Water Utility Fund: Other Improvement/ S.W. 12th Avenue/Auburn/14th Avenue and 442-5178-536.68-04(Water & Sewer Renewal & Replacement Fund: Improvements Other/ S.W.12th Avenue/Auburn/14th Avenue . REGULAR AGENDA: A. CONDITIONAL USE REQUEST/VETERANS OF FOREIGN WARS (POST 4141 Consider approval of a conditional use request to allow the Veterans of Foreign Wars (VFW) Post 4141 to establish a fraternal lodge within an existing 2,783 sq. ft. commercial building in the GC (General Commercial) zoning district. located at 802 S.E. 5th Avenue. (Quasi-Judicial Hearin B. WAIVER REQUESTS/ FRANKLIN AT DELRAY BEACH: Consider approval of four ~) waiver requests associated with the Franklin at Delray Beach development, located on the west side of South Federal Highway, south of S.W. 10th Street and north of the Plaza at Delray, including waivers to Land Development Regulations (LDR~ Section 4.3.4 (H~(61(bl, "Special Landscape Setbacks"~ which requires a 25' special landscape setback along Federal Highways Section 4.6.9(D~(3)(c)(1), "Stacking Distance", which requires a 50' stacking distance for all driveway connections; Section 6.1.3(B~ "Sidewalk Design Requirements", which requires a minimum width of 5' for the internal sidewalks and Section 4.6.2(B~ "Distance between Residential Buildings", which requires a building separation of 79.78' between buildings #6 and 7. (Quasi- Judicial Hearin) C. TEMPORARY USE PERMIT/DAUGHTER OF ZION SEVENTH-DAY ADVENTIST CHURCH: Consider a request for a temporary use permit by Daughter of Zion Seventh-Day Adventist Church to erect a tent on a vacant block owned by the Delray Beach Housing Authority (DBHA~ located on SW 12th Avenue and 10th Street, from .Tiny 7, 2011 to August 13, 2011 to conduct six ~) weeks of nightly services from 7 p.m. to 9 p.m. and community outreach programs on Mondays and Wednesdays from 6 p.m. to 7 p.m. D• ASSIGNMENT OF VALET PARKING QUEUE ON N.E. 2ND AVENUE FORMERLY OPERATED BY KYOTO SUSHI: Consider requests to assign the valet parking queue on N.E. 2"d Avenue formerly operated by Kyoto Sushi. E. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one ~) alternate member to the Green Implementation Advancement Board to serve an unexpired term ending .Tiny 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1~ 10. PUBLIC HEARINGS: A. RESOLUTION NO. 12-11: TRANSFER OF PROPERTY AT ZEDER AVENUE: Consider approval of Resolution No. 12-11 authorizing the City to transfer a vacant property located at Southridge Lot 20 Block 10 (Zeder Avenue) to the Community Land Trust (CLT) for affordable housing. B. ORDINANCE NO. 15-11: Consider amending Chapter 33, "Police and Fire-Rescue Departments"; Section 33.62, Benefit Amounts and Eligibility , Subsection (E~, "Disability Retirement Provisions", Sub-Subsection ~), "Disability Retirement Benefits", to increase the minimum service incurred disability benefit for firefighters and amending Section 33.64, "Contributions", Subsection (A~ "Member Contributions", to increase member contributions for firefighters. 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. 16-11: Consider a city-initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (I~, "Community Residential Homes and Group Homes", to remove an out-of-date reference to Section 4.3.3(D~ "Residential and Non-Residential Licensed Services Provider Facilities". If passed, a public hearing will be held on May 17, 2011. B. ORDINANCE NO. 17-11: Consider a city initiated amendment to Land Development Regulations (LDR) Section 4.4.29, "Mixed Residential Office and Commercial (MROC) District", to clarify allowable densities. If passed a public hearing will be held on May 17, 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: Apri126, 2011 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF MAY 3, 2011 APRIL 12, 2011 WORKSHOP MEETING MINUTES WORKSHOP MEETING APRIL 12, 2011 A Workshop Meeting of the City Commission of the City of Delray Peach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, Apri112, 2011. Roll call shod: Present - Commissioner Thomas F. Carney, Jr. Commissioner Fred P. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Hardery City Manager Prian Shutt, City Attorney Chevelle D. Nubiry City Qerk Mayor Nelson S. McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. PRESENTATION CONCERNING THE PUBLIC SAFETY SOFTWARE PROGRAM Mr. David T. Hardery City Manager, stated the CAD (Sunguard OSSI Public Safety Software) system is up and rt~~ning now for both the Police and Fire-Rescue Departments, and he wanted Commission to be made aware of some of the service enhancements. Ms. Danielle Connor, Assistant Fire-Rescue Chief, stated the project has been two (2) years in the making. She recognized Douglas E. Smith, Assistant City Manager, for all of his assistance and work on the project. Mr. Russell Accardi, Assistant Fire-Rescue Chief, gave an overview of the project. Fire-Rescue Lieutenant E d Beardsley, via PowerPoint, discussed how the system works i.e. the status screen and provided an example of what actually takes place when a call comes in through dispatch Captain Tommie 1VTitchell and Ms. Mario Dahl were present from Police Deparhnent. Captain Mitchell also commended Doug Smith on this project and gave a brief overview from the Police Department perspective. Mts. Gray stated with the proper tools, we save money, time and have more safety for Police Officers and Fire-Rescue. This was money well spent. Mr. Fetzer reiterated that this project was well worth the investment and will be great for the city. Mr. Carney stated he is glad to see this. Mayor McDuffie discussed technology and stated we have come a long way. He thanked Doug Smith for everything he did on this project. 2. PRESENTATION OF THE UNACCOUNTED FOR WATER STUDY Mr. Richard Hasko, Environmental Services Director, introduced Ms. Rene Mathews of Mathews Consulting. Ms. Mathews stated they completed the audit in August 2010. She discussed unaccounted for water as far as what that means. In the past ten (10) years, the city`s unaccounted for water has increased to 21-28% from 15%. A South Florida Water Management District goal for utilities is ten percent (10%). There was an analysis of water supply sources; analysis of authorized meter uses (80% of the city`s meters are greater than five (5) years old); and an analysis of un metered uses. Ms. Mathews stated they developed a new water audit report (spreadsheet). Based on the new report, the city`s unaccounted for water is 9.15% versus 20.15% on the old report. She discussed their audit recommendations. She stated we lose approximately $500,000 in revenue per year. Mr. Victor Majtenyi discussed the implementation work plan based on water audit recommendations. Mr. Hasko discussed three (3) key elements to reduce unaccounted for water: establishment of the accuracy of the meters; maintenance of the accuracy of the meters and ability to track the condition of the system; and the city`s system: database - we need to be able to extract information the way we need to. Mts. Gray asked about the lost revenue. The city manager proposes to begin replacing meters with automation capability (automated meter reading system). He stated when going to automation we are looking at $3 million or more. Ms. Mathews suggests replacing 10% of the meters the first year, l0% in year two, etc. Mr. Fetzer stated he is glad to see this tonight. It was very disturbing to see unaccounted for water initially. We have got to invest in technology to be able to operate efficiently. He is glad we had the audit. He supports placing funding in the Capital Improvement Program for this. Mayor McDuffie stated we would have to look at manpower for reading 21,000 meters every month He stated we need to do more with less. He mentioned the ROI study. 3. DESIGN AND USES FOR WORTHING PARK Mr. Randal Krejcarek presented this item and stated Mr. Pill and Elaine Morris were present. They are the developers of Worthing Place. He discussed the Worthing Place Plock 77 Replat and additional exhibits. He stated they are seeking direction from the Commission and this has not gone to the Site Plan Review and Appearance Poard (SPRAP) yet. Mr. Sill Morris, Developer, representing Worthing Place, thanked city staff and stated the park is relatively large. He stated he hopes whatever can be done regarding the park can be done very quickly by the summer. He stated they would be willing to provide funds for enhanced lighting and would like to see the outdoor seating extend from thirteen (13) to t~nty-two (22) feet Mr. Richard Jones, Architect, stated there needs to be a balance between the public and private aspect of the park Mrs. Gray thanked Mr. Morris for all they have done for Delray Peach. She stated the area is a dead spot now and is in favor of cafes. She likes the design and the sidewalks need to continue across. Mr. Carney concurs with Mts. Gray regarding the sidewalks. He stated he would like to see how the sidewakc works around the tree. He is okay overall with the design and the dead space needs to be used Mr. Fetzer appreciates all of the work done by staff and the developers on this. He likes the idea of enhanced lighting and wider sidewall~s. April 12, 2011 Mr. Frankel agrees with all four (4) of staff's concerns. He stated the lighting is poor and referenced the food at Carlos & Pepe s. He stated he wants all businesses to succeed Mts. Gray asked about seating in the park Mayor McDuffie stated it is absolutely critical to maintain excitement in the park and not wind up with dead space again We need something to draw people into this park The city manager stated we can work on the valet parking aspect. The issue is nine (9) feet of Public Park for private usage. If the Commission is comfortable with this, staff will move forward to work out the details. Mayor McDuffie stated if we do not do this, it will not work Discussion continued between Commission and staff. 4. PALM BEACH COUNTY WELLFIELD PROTECTION PROGRAM FUNDING Mr. Hasko stated the county is struggling with budget issues and is looking at costs of the Wellfield program; which is a required program tinder their unified program. Palm Peach County water utilities benefit from this. They want Delray Peach to make an annual contribution of approximately $31,000. The city is approved for nine (9) well sites at Morikami Park; however, we only have three (3) wells developed Mr. Hasko stated he questioned the county on why we would still need to pay for nine. He discussed a more appropriate basis for establishing a cap for an annual increase. Mr. Hasko stated this is a necessary program regarding safety and contaminants. Mrs. Gray asked how long do we have to this. Mr. Hasko stated he is certain this is a permanent move. We do derive a benefit from this program. Mr. Frankel, Mr. Carney and Mr. Fetzer stated they are fine with staff's recommendation Mayor McDuffie asked staff to work with the county to index the 10% annual increase. 5. DISCUSSION OF LOCAL RULES OF PROCEDURE Mr. Prian Shutt, City Attorney, stated they surveyed six (6) cities on their process for workshop meetings; and discussed the local rules. Mr. Frankel suggested a time limit of 10-15 minutes for presentations and receiving the agenda for upcoming meetings in advance. Mr. Fetzer stated he likes the idea of knowing what is on the agenda earlier; however, he stated he does not know if the same time limit can be applied to each presentation. Commission continued to discuss the timeframe as well as their questions and public comment in regards to the local rules. It was the consensus of the Commission to limit presentations to 10-15 minutes and receiving the presentations before the meetings. Mayor Nelson S. McDuffie adjourned the Workshop Meeting at 8:21 p.m. City Clerk April 12, 2011 ATTEST: MAYOR The tmdersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the NTinutes of the Workshop Meeting of the City Commission held on Tuesday, April 12, 2011, which NTinutes were fom-ially approved and adopted by the City Commission on 3, 2011. City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. April 12, 2011 APRIL 21, 2011 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 21, 2011. 1. Roll call showed: Present - Commissioner Tom Carney Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Lanelda D. Gaskins, Deputy City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Fetzer requested that Item 8.A., Resolution No. 14-ll: Abandonment of Rights-of-way/Franklin at Delray Beach be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. and Item 8.B., Waiver Reguests/Flyatt Place be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A. The City Attorney requested that Item 10.C., Ordinance No. 15-ll be postponed to a date certain of May 3, 2011. Mrs. Gray moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of April 5, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. 04/21/11 Fetzer -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Municipal Clerk's Week -Mav 1-7, 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming May 1-7, 2011 as Municipal Clerk's Week in Delray Beach. Lanelda Gaskins, Deputy City Clerk, accepted the proclamation. 6.B. National Day of Prayer -Mav 5, 2011 Mayor McDuffie read a proclamation hereby proclaiming May 5, 2011 as National Day of Prayer and noted this will be mailed. 7. PRESENTATIONS: 7.A. S.P.LRLT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Danielle Beardsley, Recreation Supervisor II, presented Priscilla Patrick, Staff Assistant IUParks and Recreation Department, with the Quarterly S.P.LR.LT. Award. Priscilla Patrick came forward to accept the award. Linda Karch, Director of Parks and Recreation, stated Priscilla Patrick is a pleasure to have around and works hard every day. 7.B. Matchpoint Presentation -Mark Baron Mark Baron, Tournament Director for the Delray Beach International Tennis Championship and the Tournament Director for the USTA National Boys' and Girls' 12's Clay Court Championships, stated they are bringing the first Junior ITF Event to Delray Beach and it will be the Boys' and Girls' 18 and under consisting of 256 kids to play in Delray Beach for an 8 day event. Mr. Baron stated there will be approximately 1,000 people coming of which 190 plus other kids are from out of the country. Mr. Baron presented the City of Delray Beach with a plaque for the Delray Beach USTA National Boys' and Girls' 12's Clay Court Championships and a trophy. On behalf of the City of Delray Beach, Mayor McDuffie came forward to accept the award and thanked Mr. Baron. 7.C. City of Delray Beach Residents Academy Certificates -Janet Meeks Janet Meeks, Education & Sign Coordinator, and Mayor McDuffie presented certificates to the following Residents Academy participants: 2 04/21/11 David Armistead Dan Lavaliere David Boyd Alexander C. Christopher Mimose Christopher Kathleen Coyle Nancy Crell Paula Detwiller Martha Drescher George Drescher Eileen Bushman Mary Hartman Janet LaPointe Jeanne Romer James Scala Keith Sweers Cheryl Wedemeyer Mabel Wimer Gerald Weinberg A participant from the Residents Academy came forward and gave a few brief comments. Jeanne Romer, Residents Academy participant, thanked the Commission, staff and Janet Meeks. 7.D. Dwight Chenette, Chief Executive Officer of the Health Care District- Update Dwight D. Chenette, Chief Executive Officer of the Health Care District, gave a brief presentation on the Health Care District services. Mr. Chenette stated they operate six different programs within the community. (1) the Trauma System, (2) Health Coverage, (3) School Health, (4) Hospital Services, (5) Rehabilitation Skilled Nursing, and (6) other programs. Mr. Chenette stated this evening they want to recognize the 20m Anniversary of the Trauma System in Palm Beach County. He stated there are two Level II Trauma Centers; one is at Delray Medical Center and the other is at St. Mary's Hospital Mr. Chenette stated the system through its two trauma centers has provided critical services to more than 50,000 residents and noted that 3,000 visitors or residents each year suffer a critical injury that requires the immediate transfer to one of the two trauma centers. He stated the Trauma System is designed to provide a safe and rapid transport to access services at one of the trauma centers. Mr. Chenette stated the system is designed to ensure that the right physician is available as quickly as necessary to treat that trauma patient. Mr. Chenette stated the goal is to have these trauma patients return to a normal life through rehabilitation. He stated they offer health coverage programs that are above Medicaid and people who otherwise would be uninsured may be able to obtain services and coverage through the Health Care District. He stated all the 3 04/21/11 public schools in Palm Beach County are staffed with registered nurses. Mr. Chenette stated they operate Lakeside Medical Center around Lake Okeechobee and the Edward J. Healey Rehabilitation and Nursing Center. 8. CONSENT AGENDA: City Manager Recommends Approval 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.A.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.A.2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.A.3. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.C. HOLD HARMLESS AGREEMENT/DELRAY MOTORS, INC.: Approve a Hold Harmless Agreement with Delray Motors, Inc. to perform work within the state right-of--way for Delray Chrysler Jeep Dodge located at 2102 South Federal Highway. 8.D. SERVICE AUTHORIZATION NO. 04-01.6/CH2M HILL, INC.: Approve Service Authorization No. 04-01.6 with CH2M Hill, Inc. in the amount of $26,278.00 for professional engineering services relating to modifying the Water Treatment Plant's (WTP) operating permit to add the Aquifer Storage and Recovery Well as a water source. Funding is available from 442-5178-536-31.90 (Water & Sewer Renewal & Replacement Fund: Professional Services/Other Professional Services). 8.E. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/FIRST PRESBYTERIAN CHURCH: Approve Amendment No. 1 to the Lease Agreement with First Presbyterian Church for the Gleason Street Lot Parking License Agreement. 8.F. ENGINEERING SERVICES PROPOSAL/COASTAL PLANNING & ENGINEERING, INC.: Approve an Engineering Proposal with Coastal Planning & Engineering Inc. in an amount not to exceed $249,484.00 to proceed with the final coastal engineering permitting, project bidding and environmental services for the fifth beach renourishment. Funding will be reimbursed from Federal, State, and County sources. Funding is available from 332-4164-572-31.30 (Beach Restoration Fund: Professional Services/Engineering/Architectural). 8.G. STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING 4 04/21/11 REHABILITATION GRANT AWARDS: Approve two (2) Housing Rehabilitation contract awards for 2114 S.W. 12th Court to Cordoba Construction Company, Inc., in the amount of $34,878.21 and 912 S.W. 3rd Street to Built Solid Construction, LLC., in the amount of $35,247.99, for housing rehabilitation under the State Housing Initiative Partnership (SHIT') and Community Development Block Grant (CDBG) Housing Rehabilitation Program. Funding is available from 118-1924-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation) and 118-1963- 554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.H. CHANGE TO THE COMMISSION RULES OF PROCEDURE: Approve a change to the Commission presentations made at workshop meetings. Rules of Procedure setting time limits for 8.I. RESOLUTION NO. 13-11: Approve Resolution No. 13-11 assessing costs for abatement action required to remove nuisances on 14 properties throughout the City. The caption of Resolution No. 13-11 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 13-11 is on file in the City Clerk's 8_J. AMENDMENT NO. 3 TO THE AGREEMENT/SUNGARD PUBLIC SECTOR, INC.: Approve Amendment No. 3 to the Agreement with SunGard Public Sector, Inc. for a public safety software system to make various changes to licensing, training, and maintenance. Funding is available in 334-2111-521-66.10 (General Construction Fund: Books/Publications/Software). 8.K AMENDMENT NO. 1 TO THE ACQUISITION AGREEMENT WITH ACS GOVERNMENT SYSTEMS, INC.; FIREHOUSE SOFTWARE: 5 04/21/11 Approve Amendment No. 1 to the Acquisition Agreement with ACS Government Systems, Inc. for Firehouse Software. 8.L. DONATION AGREEMENT/PLUG IN FLORIDA, INC.: Approve a Donation Agreement with Plug In Florida, Inc. to provide the City with up to six (6) Electric Vehicle Charging Stations and funding to support installation costs. 8.M. FUNDING REQUEST/PUBLIC ART ADVISORY BOARD: Approval to send the staff liaison and up to four (4) Public Art Advisory Board Members to the Florida Public Art Professionals Annual Conference on May 18-20, 2011 in Palm Beach County at a cost not to exceed $700.00. Funding is available from 115-1702-579- 31.90 (Special Projects Fund: Professional Services/Other Professional Services). 8.N. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request to endorse Art and Jazz on the Avenue to be held on June 23, 2011 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 6th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th Avenue; to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance. 8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 4, 2011 through April 15, 2011. 8.P. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Rosso Paving & Drainage, Inc. in the amount of $29,760.00 to replace approximately 2,400 square feet of settled and deteriorated concrete apparatus apron located on the east side of Fire Rescue Headquarters. Funding is available from 001-2311- 522-46.10 (General Fund: Repair & Maintenance ServicesBuilding Maintenance). 2. Bid award to Anything-In-Fence in the amount of $15,970.00 for fencing seven raw water wells at the Delray Beach Municipal Golf Course for the Raw Water Well Fence Installation Project. Funding is available from 442-5178-536-68.14 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Production Well Rehab). 3. Purchase award to Island Air Conditioning in the amount of $40,935.00 for the replacement of three (3) air conditioning units at Pompey Park. Funding is available from 334-4125-572-46.10 (General Construction Fund: Repair & Maintenance Services/ Building Maintenance). 6 04/21/11 4. Purchase award to multiple vendors in the amount of $619,128.89 for the replacement of twenty-three (23) vehicles. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment Automotive). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. RESOLUTION NO. 14-11: ABANDONMENT OF RIGHTS-OF- WAY/F'RANKLIN AT DELRAY BEACH: Approve Resolution No. 14-11 abandoning rights-of--way within the Lambert Trailer Court Subdivision in conjunction with the proposed Franklin at Delray Beach development, located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray. The caption of Resolution No. 14-11 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF SE 12m ROAD AND ANOTHER UNNAMED ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY AN EASEMENT OVER A PORTION OF THE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 14-11 is on file in the City Clerk's Paul Dorling AICP, Director of Planning and Zoning, stated all four items (9.A.A., 9.A.1, 9.A2., and 9.A.3.) involve the Franklin Development which is a 180 acre multi-family development proposed in the location that now is occupied by the Floranda Mobile Home Park and the executive office building to the north of that. The first item is an abandonment of rights-of--way that exist today and there are four homes in this vicinity that are not part of this development and one of the roads provides access to those four homes. The rights-of--way consist of two parallel roadways which are both 18 feet wide which are proposed to be abandoned. Mr. Dorling stated there will be a replacement road that is 50 feet in width that will provide access for those homes. He reiterated that it would be a 50 foot improved right-of--way with 24 feet of pavement and sidewalks in-lieu of an 18 foot strip that now provides that access that is unpaved. Mr. Dorling stated the other part of this agreement is right-of--way dedications along Federal Highway for the 7 04/21/11 turn lane and the replacement road. Mr. Dorling stated as part of this there is also an issue when those are abandoned and when this road gets built we need to make sure that we continue to have access to those four single family homes. He stated the third part of this is an easement over the 18 feet that will remain in place until such time that alternate 50 foot strip is developed and a CO is issued to provide that access. Mr. Dorling stated also over these 18 foot roadways there is corresponding easements for ingress and egress. Staff has taken into account that the access is provided to these homes while this is constructed and if this development should not go forward then these abandonments would not be completed so that access is assured to those homes and once it is developed it will be a better access then currently exists. Mr. Fetzer stated he requested to have these items pulled from the Consent Agenda because he heard from some of the residents in the adjacent area who are concerned about the abandonment of these easements and how that would affect the ingress and egress to their properties. He stated he would like to hear what the residents have to say. Jeffrey Lynne, Attorney with Weiner &Lvnne, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444 (speaking on behalf of New Century Executive Quarters, LLC), stated this road which is shell and rock has no real drainage and the purpose of this project is to take this trailer park and redevelop it for 180 multi-family residential units to take away the trailer park and the road that has been approved by SPRAB from a site plan perspective is to significantly provide better ingress and egress to this neighborhood from a paving, maintenance, and drainage standpoint. Mr. Lynne stated there is no property that is being taken away from anyone. Mr. Lynne stated they are requesting to abandon the rights-of--way surrounding those properties and reconnect the new road to the old roads and in the interim an easement has been granted to the City for the same roads that are there now. He stated if the new road gets developed then the easement that they granted goes away because they will have new and better access. Mr. Lynne stated if it never gets developed then the entire abandonment reverts and we are back to where we are right now. He stated the residents will have better access and a paved road that is of sufficient and legal width with drainage, etc. Mr. Lynne stated their client has spoken with the single resident who has been opposing this and have tried to work with her at length to accommodate all of her wishes. Aisha Colon, 307 S.E. 12th Road, Delrav Beach, FL 33483, stated her neighbors are also opposed to this and they were not totally aware of all the complications. Ms. Colon stated this is a road that is deeded to them and does not feel someone has the right to take property that is hers. She stated they were not willing to negotiate and come to some kind of an agreement. Ms. Colon stated they are criminal slum landlords and feels it is appalling that they are allowed to come to the City and build 180 units. Ms. Colon stated she and her neighbors plan to appeal the proposal and they will be pursuing this legally. Mr. Lynne stated they have worked closely with the City Attorney's office developing numerous legal documents to ensure in perpetuity that there is roadway there 8 04/21/11 that is previously and always has been dedicated to the public. NIr. Lynne stated they are asking the City to abandon the right-of--way so they can implement their site plan. He stated in all instances the homeowners that are there have been secured through the legal documentation all access rights and noted there is no property being taken away from them. However, NIr. Lynne stated in the instance that the City should ever be sued they have also agreed to enter into an indemnification agreement to indemnify and hold the City harmless in all instances should anyone bring any kind of lawsuit frivolous or not regarding this road. NIr. Carney stated the remark was made that these homeowners own this road. NIr. Lynne stated the plat conveyed properties and the way it was platted is it was not broken down into lots so the homes that are there are metes and bounds descriptions. He stated there is an easement that runs across the entire property which has been dedicated to the public. NIr. Lynne stated they are not touching Ms. Colon's property and their clients own the property all around it. Mr. Carney inquired if the south 18 feet of Ms. Colon's property is part of the redevelopment program. NIr. Lynne stated NIr. Carney is correct that Ms. Colon's property is not part of the redevelopment program and noted it will go around Ms. Colon's property and she will have access rights onto the public road and there will be easement rights across that property. Mayor McDuffie stated they are actually going to go around to the south of the 18 feet so that these properties will be in tact including what formally was an 18 foot easement. NIr. Fetzer reiterated that when we have a resident with these kinds of concerns we need to give them a forum to tell us about it. He stated he drove those two easements today and they are dirt roads and noted the trailer park that is currently there is a blighted area. Mr. Fetzer stated this is going to be an improvement to the entire neighborhood and supports the proposal. Mrs. Gray stated she has driven this route and saw the dirt road. She is in favor of this new prof ect and feels it will be great for the City and this neighborhood. 9.A.1. RIGHT-OF-WAY DEED AGREEMENT/FRANKLIN AT DELRAY BEACH: Approve aright-of--way deed agreement for dedication of a new public road right-of--way for the proposed development, which will also provide access to four (4) existing single family homes located on the north side of the Lambert Trailer Court Subdivision. NIr. Fetzer moved to approve the right-of--way deed agreement for Franklin at Delray Beach, seconded by NIr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; NIr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9 04/21/11 9.A.2. ACCESS EASEMENT AGREEMENT/FLORANDA MHP, LLC/NEW CENTURY EXECUTIVE QUARTERS, LLC/ FRANKLIN AT DELRAY BEACH: Approve a temporary Access Easement Agreement with Floranda MHP, LLC and New Century Executive Quarters, LLC to provide access to four (4) existing single family homes located on the north side of the Lambert Trailer Court Subdivision, until a new public roadway is constructed. Mr. Frankel moved to approve the Access Easement Agreement with Floranda, MHP, LLC and New Century Executive Quarters, LLC, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.A.3. INDEMNIFICATION AGREEMENT/FLORANDA MHP, LLC/NEW CENTURY EXECUTIVE QUARTERS, LLC/FRANKLIN AT DELRAY BEACH: Approve an Indemnification Agreement with Floranda MHP, LLC and New Century Executive Quarters, LLC for Franklin at Delray Beach. Mrs. Gray moved to approve the Indemnification Agreement with Floranda MHP, LLC and New Century Executive Quarters, LLC for Franklin at Delray Beach, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to approve Resolution No. 14-11, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. RESOLUTION NO. 15-11: ABANDONMENT OF EASEMENTS: FRANKLIN AT DELRAY BEACH: Approve Resolution No. 15-11 abandoning easements within the Lambert Trailer Court Subdivision in conjunction with the proposed Franklin at Delray Beach development, located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray. The caption of Resolution No. 15-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING EASEMENTS DEDICATED BY DEED, AS MORE FULLY DESCRIBED IN EXHIBITS "A" TO "G". (The official copy of Resolution No. 15-11 is on file in the City Clerk's office.) 10 04/21/11 NIr. Frankel moved to approve Resolution No. 15-11, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Carney -Yes; Mr. Fetzer -Yes; NIr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.A. PROPOSED AMENDMENT NO. 3 TO THE AGREEMENT/MATCH POINT, INC. REGARDING THE ATP CHAMPIONS TOUR EVENT: Consideration of a proposed Amendment No. 3 to the Agreement with Match Point, Inc. regarding the ATP Champions Tour Event. The City Attorney stated the agreement that the City has with Match Point, Inc. that concerns the ATP Champions Tour Event has a section in it that provides that if the City did not receive $750,000.00 by April 1, 2011 in sponsorship funding or naming rights revenues, etc. then the City Commission has the option of stopping the funding for the Champions Tour Event. However, the City Attorney stated if we do that, the Commission would need to direct City staff to go ahead and initiate a letter to Match Point, Inc. for that by May 1, 2011. The City Attorney stated the second option is that no action be taken and the agreement will continue as is with the various different terms of the agreement. The term we are in now will end in 2014 and a new one will start in 2019 and in 2025. The City Attorney stated the third option is Amendment No. 3 and this provides that the terms that are currently in place as well as the requirement that Match Point, Inc. provide certain revenues for advertising will be removed. Therefore, the term of the agreement for the ATP Champions Tour Event will mirror the term for the Worldwide ATP Tour Event and will expire in 2030. The changes that Amendment No. 3 provides for is there is language that is clarified regarding the televising of the event and consists of a highlight program and if approved tonight the language will actually relate back to the 2000 event and the 2011 event because there is language in the agreement that provides that if they did not televise the Champions Tour Event then there would be a penalty that they would be paying to the City. There is also language that clarifies the appearance fees that are paid for the Champions Tour Event and the Worldwide ATP Tour Event. The amendment states that the City would combine those two numbers into one number and as long as Match Point, Inc. paid appearance fees that are greater than the one number then that would be okay. The City Attorney stated currently unless they pay a base amount for the Worldwide Tour Event and the Champions Tour Event even though they might pay more for one event they are still not in compliance. This Amendment would also relate back to the 2010 event and the 2011 event that has just occurred. The City Attorney stated since the term is extended to 2030, if Match Point, Inc. would default and relocate the Champions Tour Event to another city within a two year period of the default then they would pay the City of Delray Beach $1,000,000.00. The City is currently paying Match Point, Inc. $375,000.00 and that amount would be reduced to $350,000.00. Mrs. Gray asked about the naming rights and sponsorships. The City Manager stated the City is still seeking to sell naming rights and sponsorships and the City has a contract with IMG to do that. The City Manager stated there were several 11 04/21/11 large businesses that came to the tournament this year to view it because of potential interest of becoming sponsors or for naming rights opportunity. Mr. Carney stated he met with Mr. Baron and feels his plans are great for the tournament. Mr. Carney stated he was initially concerned with the extension of a contract for so long a period where there would be no outs for the City. However, Mr. Carney stated he is interested in Mr. Baron's thoughts regarding the need to have this one event for this period of time as an opportunity to have other chances to redo the stadium completely so that it could compete. Mr. Carney stated it is going to be difficult to get meaningful corporate sponsorships in the facility as is. Mr. Carney stated if you are going to bring the level of tour champions both on the professional and champion side this facility needs to be upgraded. Mr. Carney stated he supports Amendment No. 3. The City Manager stated the economic benefit has been increased greatly by having the two tournaments together so he supports the Amendment No. 3. Mr. Fetzer stated he too supports the Amendment No. 3. Mr. Frankel stated there are certain events that define our city. He stated this year there was record attendance at the tennis tournament, multiple hours of international television that said "Delray Beach" and advertisements for the downtown and other areas. Mr. Frankel supports Amendment No. 3. Mrs. Gray asked if there is going to be an upgrade to the tennis stadium. Mr. Baron stated they are not looking for financial support from the City of Delray Beach. Mr. Baron stated they have been discussing this with the County Commissioners and hope to bring this stadium to where it needs to be. Mr. Baron stated they are considering a monthly event bringing 6,000-7,000 people from all over country and all this needs to be done via the County. Mr. Baron their new date is 2012 and they are hoping to grow from 60,000-100,000 plus people. Mr. Baron stated their hopes are to bring a basic stadium to showcase the different events that they want in this city and those two things are skyboxes and a retractable roof. Mayor McDuffie stated the entire impact to the City from the tennis tournaments it is overwhelmingly positive and noted he would love to see a dome stadium with skyboxes, etc. Mayor McDuffie supports Amendment No. 3 as well. Mr. Frankel moved to approve Amendment No. 3 to the Agreement with Match Point, Inc., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:17 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 12 04/21/11 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 13-11: Consider acity-initiated amendment to the Land Development Regulations (LDR) Section 4.6.9(E)(3), "In-Lieu Fee", modifying the in-lieu fee assessed within the Pineapple Grove Main Street (expansion) Area. The caption of Ordinance No. 13-11 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.6.9(E)(3), "IN-LIEU FEE", BY REPEALING THE "IN-LIEU FEE DISTRICTS" MAP ATTACHED AT SUBSECTION 4.6.9(E)(3)(b) AND ENACTING A NEW "IN LIEU FEE DISTRICTS" MAP IN ORDER TO EXPAND THE PINEAPPLE GROVE MAIN STREET AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-11 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling AICP, Director of Planning and Zoning, stated the City currently allows in-lieu options in the Central Business District (CBD), Central Business District-Railroad Corridor (CBD-RC), and the Old School Square Historic Arts District (OSSHAD) Zoning Districts and those are broken into several zones and there is a fee schedule for each of those. On June 15, 2010, the City Commission approved a request from the Pineapple Grove Main Street Board of Directors to modify the Pineapple Grove Main Street Neighborhood Plan Area to include a neighborhood east of the FEC Railroad as depicted in Exhibit 1. With expansion of the Plan area, the overall Pineapple Grove Main Street Neighborhood Plan Area is now located within two in-lieu fee districts i.e. Area #3 (the original Plan Area) and Area #2 (expanded Plan Area). An in-lieu fee of $15,600.00 is assessed for each parking space located within Area #2 while $7,800.00 is assessed for Area #3. Mr. Dorling stated at this time to expand the benefits that are extended with Area #3 to this new area for Pineapple Grove and explained that this would be a modification to the in-lieu map to expand Area #3 to include this new area and diminish Area #2 to the same degree. Mr. Dorling stated this in-lieu fee is part of the Pineapple 13 04/21/11 Grove Main Street area and was instituted to provide additional incentives. Staff feels it is appropriate to extend that incentive to this new expanded area. At its meeting of March 21, 2011, the Planning and Zoning Board voted 6 to 0 to recommend approval; at its meeting of March 14, 2011, the Downtown Development Authority (DDA) unanimously recommended approval; at its meeting of March 10, 2011, the Community Redevelopment Agency (CRA) recommended approval of the proposed text change; at its meeting of March 22, 2011, the Parking Management Advisory Board (PMAB) reviewed the proposed LDR amendment and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 13-11, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 13-11 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 14-ll: Consider acity-initiated amendment to the Land Development Regulations (LDR) Section 7.9.11, `Boatlifts", to clarify setback requirements. The caption of Ordinance No. 14-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING ARTICLE 7.9, "DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS", SECTION 7.9.11, "STANDARDS FOR APPROVAL"; TO CLARIFY CURRENT LANGUAGE REGARDING BOAT LIFTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-11 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling AICP, Director of Planning and Zoning, stated this is to clarify setback provisions regarding boat lifts and associated watercraft. The current 14 04/21/11 language states that the boat lift cannot extend any closer than either 10 feet from the adjacent property line or closer than the building side setback, whichever is greater. Mr. Dorling stated the intent is to ensure that any vessel utilizing the boat lift does not impact adjacent properties and/or their rights to have vessels on their properties. He stated as it is currently written it is possible that a boat lift meeting that 10 foot side setback that would have a larger vessel centered on the lift could result in a vessel encroaching over the property line. Mr. Dorling stated this language is to clarify that and to clarify the position that the setback regulation applies to the boat lift apparatus but the vessel in that boat lift in its raised position. At its meeting of March 21, 2011, the Planning and Zoning Board recommended approval with a 5 to 1 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 14-11, the public hearing was closed. Mr. Carney moved to adopt Ordinance No. 14-11 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 15-ll: Consider amending Chapter 33, "Police and Fire-Rescue Departments"; Section 33.62, "Benefit Amounts and Eligibility", Subsection (E), "Disability Retirement Provisions", Sub-Subsection (5), "Disability Retirement Benefits", to increase the minimum service incurred disability benefit for firefighters; and amending Section 33.64, "Contributions", Subsection (A), "Member Contributions", to increase member contributions for firefighters. The caption of Ordinance No. 15-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE- RESCUE DEPARTMENTS"; AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSECTION (E), "DISABILITY RETIREMENT PROVISIONS", SUB-SUBSECTION (5), "DISABILITY RETIREMENT BENEFITS", TO INCREASE THE MINIMUM SERVICE INCURRED DISABILITY BENEFIT FOR FIREFIGHTERS; AMENDING SECTION 33.64, "CONTRIBUTIONS", SUBSECTION (A), "MEMBER CONTRIBUTIONS", TO INCREASE MEMBER CONTRIBUTIONS FOR FIREFIGHTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 15 04/21/11 office.) (The official copy of Ordinance No. 15-11 is on file in the City Clerk's Mr. Frankel moved to postpone Ordinance No. 15-11 to a date certain of May 3, 2011, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:23 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. WAIVER REQUESTS/FIYATT PLACE: Consider approval of four (4) waiver requests to Land Development Regulation (LDR) Section 4.4.13(F)(4)(c), "Parking Lot Setbacks", Section 4.4.13.(F)(4)(a)(2), "Hotel Front Setback", Section 4.6.9(D)(3)(c)(2), "Stacking Distance" and Section 4.6.9(D)(4)(c), "Maneuvering Area", associated with a Class IV site plan modification for the Hyatt Place project located at the intersection of N.E. 1st Street and N.E. 1st Avenue. (Quasi-Judicial Hearing) Mayor McDuffie stated if anyone from the public would like to speak on Item 9.B., 9.C., or 9.D., of the Regular Agenda to please stand and be sworn in by the Deputy City Clerk. Lanelda D. Gaskins, CMC, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-080 into the record. Mr. Dorling stated this is consideration of waivers for four (4) specific sections of the LDRs associated with a Class IV site plan modification for the Hyatt Place project. He stated at its meeting of April 6, 2011, the Historic Preservation Board (HPB) and was recommended for approval and included the construction of 134-room hotel along Pineapple Grove Way that contains 2,100 square feet of retail, 1,666 square feet of lounge, meeting rooms, cafe, pool, and gym, atwo-story parking facility, along with a 45-space parking lot along N.E. 1st Avenue as part of Phase I. Mr. Dorling stated the first waiver is to LDR Section 4.4.13(F)(4)(c), which requires a minimum and maximum building setback and frontages for the phase I parking lot at the northeast corner of N.E. 1st Street and N.E. 1st Avenue. He stated the second waiver relates to the setback and there is a hallmark glass feature of the Hyatt Place that will extend into the rights-of--way and the applicant is asking for relief to that section of the Code to encroach into that 16 04/21/11 setback area. Mr. Dorling stated the third waiver relates to a stacking requirement and there is a stacking requirement between any point where you stop cars to 100 foot minimum and they are providing approximately 23 feet in this location. There is going to be an arm to control access to this surface parking lot along 1st and it will be accessed off the alley. Mr. Dorling stated the intent is that anybody checking in would have a room card and come into this parking lot and then get access to it. He stated the fact that they are taking that access from an alley and that there should be minimum traffic there given the staggered times that people check into the hotel staff does not see that as an issue and support that waiver. Mr. Dorling stated the fourth waiver relates to a required back out area and there is a required 24 x 6 foot maneuvering area for people to back in and leave. Mr. Dorling stated these waivers were considered along with the site plan and recommended for approval unanimously by the Historic Preservation Board. Staff recommends approval of these waivers. Mike Covelli, 2295 N.W. Corporate Boulevard, Boca Raton, FL (Applicant), stated he is present for any questions the Commission may have. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. For clarification, Mr. Carney asked if the alley is in the center between the two structures. In response, Mr. Dorling stated this is correct. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Carney moved to adopt the Board Order (approving four waiver requests), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: BURGERFI: Consider an appeal of the Site Plan Review and Appearance Board's decision approving a Class I site plan and architectural elevation change for Burgerfi located at 6 South Ocean Boulevard. (Quasi-Judicial Hearing) Lanelda D. Gaskins, CMC, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he received a few emails from Fran Marincola and 17 04/21/11 had informal discussions about it with the attorney for the applicant. Mrs. Gray stated she also received emails and a telephone conversation with Fran Marincola who wanted the opportunity to speak with the applicant. Mayor McDuffie stated he received emails and had contact with Fran Marincola and spoke to Attorney Michael Weiner who felt that they had satisfied staff and we would see a good product. Mr. Carney stated he received emails from Fran Marincola, spoke with Attorney Michael Weiner, and spoke with several people from the Beach Property Owners' Association (BPOA). Mr. Fetzer stated he received emails and telephone conversations with Fran Marincola who expressed concerns over the design. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-099 into the record. Mr. Dorling stated this is an appeal of the Site Plan Review and Appearance Board's (SPRAB) approval of a Class I site plan and architectural elevation change for Burgerfi Restaurant, located at 6 South Ocean Boulevard. At its meeting of March 23, 2011, the Site Plan Review and Appearance Board (SPRAB) considered the Class I site plan modification and at its meeting of April 5, 2011, SPRAB's action was appealed by the City Commission at the request of Deputy Vice Mayor Thomas Carney. Mr. Dorling stated when this went before SPRAB staff had concerns with this development related to the canopy area that extended north across the property owned by the City. Staff also had concerns with a feature that was out of scale although SPRAB did not agree with them. In addition, Mr. Dorling stated staff recommended that the railing be eliminated; however, SPRAB did not agree and staff had concerns related to the exposed lights and there were issues on the beach with regard to turtles. Mr. Dorling stated there is an ordinance that prohibits lights being exposed to the beach. He stated that was not a condition of the proposal. Mr. Dorling stated after that meeting he met with the applicant and indicated that there were some issues because these things were not provided. Mr. Dorling stated people in The New Mammoth Condominium building along with and the restaurant owner of Cafe Luna Rosa also had similar concerns. The applicant has worked diligently to address those issues. Mr. Dorling stated those original conditions that staff wanted SPRAB to do have been agreed to by the applicant. Michael Weiner, Weiner &Lvnne, Attorney with Weiner &Lvnne, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444, stated there were obvious concerns after the Class I Site Plan was approved by SPRAB. Mr. Weiner stated the site plan has now been modified with shielded lights, the redesign was reduced by two feet, and the north canopy is gone. Mr. Weiner stated they went back and added some struts to give character to the building and further reduced the architectural feature. Fran Marincola, owner of condominium unit #B4, #B3, #B2, stated he asked Mr. Weiner to tell them if they agreed to that parapet that all their signs would be below the roofline. Mr. Marincola stated if we allow the parapet then when they go in for their signs they can use that parapet to say they can be equal to the parapet. Mr. Marincola if they put the sign there it would be directly in the eyes of three windows and four balconies. He stated although this is commercial property they have to take into 18 04/21/11 consideration the neighborhood. Mr. Marincola stated this is the only mixed-use development in Delray Beach and it has been there for 60 years. He wants the applicant to tell him when they go for the signs they will not use the approved parapet (if approved tonight) and whatever is on the corner to put signs on. Michael Krall, Attorney with Listick & Krall, 190 S.E. 5t'' Avenue, Delray Beach, FL 33483, stated the unit owner on the third floor on the south and the penthouse unit to the north is concerned about what type of lighted sign is going to eventually appear on that parapet. Mr. Krall entered pictures into the record of the signs that are on Boston's, Cafe Luna Rosa, and across the street with regards to the existing pavilion and proposed pavilion. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Mr. Weiner stated both the Boston's sign and the Cafe Luna Rosa sign are on parapets; there is no measurement from the floor or from the ground to those signs. He stated on the night that they do signs they do a sign program and they get to measure the signs altogether and SPRAB gets to measure them altogether and you have the ability to appeal and a presentation is made that takes into the consideration all of the affects. Mr. Weiner stated with respect to the condominium it seems to him that the lighted Cafe Luna Rosa sign which is immediately below one of the balconies has not bothered those people nor does the second sign which is equal to the ground floor of the second floor of Boston's ruin that particular condominium. He stated the Commission is going to look at all the signage in the area, take measurements, there will be a full presentation, and everyone will be able to look at the colors and other things that are associated with these signs. Mr. Weiner urged the Commission to look at Mr. Krall's photos of the signs and take a look at Cafe Luna Rosa's lighted sign immediately below a balcony and on the appropriate night the Commission will consider whether their sign affects the aesthetics of the area more than that particular sign does with respect to that condominium. Mayor McDuffie stated there was a correct assertion made that the Commission is not present this evening to look at signs. Mr. Fetzer stated Mr. Marincola raised very valid points and to go through another SPRAB process for the signage that may or may not have to be appealed, is very awkward. Mr. Fetzer asked if we have the legal ability to make that a condition of this approval that there not be signage or lighting above the parapet. The City Attorney stated because there is a separate process that SPRAB is involved in regarding approval of signs and that process has not taken place in front of SPRAB yet. The City Attorney suggested that the Commission does not address signs tonight because it is not part of the matter that is in front of them. However, the City Attorney stated the Commission will get a chance to do that if the Commission so desires after it goes to SPRAB. Mr. Fetzer concurs with the City Attorney's recommendations and stated he objects to any future submissions to put signage and lighting above the parapet. 19 04/21/11 Mr. Carney stated by doing this in a step transaction as long as they are in compliance with the future regulations on signage the Commission would not be in a position to object in that case anyway. The City Attorney stated SPRAB will look at different things even though it is in compliance with the LDRs there is aesthetics, etc. that SPRAB would look at. Mayor McDuffie stated the Commission would still get to see this after signage is approved. The City Manager stated this would come to the City Commission as an appealable item. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie - Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: BOSTON'S RESTAURANT: Consider an appeal of the Site Plan Review and Appearance Board's decision approving a Class II site plan modification and architectural elevation change for Boston's Restaurant located at 40 South Ocean Boulevard. (Quasi-Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated at a prior Commission meeting Alice Finst brought a map and had conversations with the Commission. Mr. Carney stated he spoke with Alice Finst and received copies of pictures from the architect and had conversations at the BPOA meeting and spoke with Gary Eliopoulos. Mr. Fetzer stated he spoke with Alice Finst and Gary Eliopoulos. Also, Mr. Fetzer stated he received a telephone call from Tom McMurrian but they were not able to speak. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-076 into the record. Mr. Dorling stated this is an appeal of the Site Plan Review and Appearance Board's approval of the Class II site plan modification for an architectural elevation change for Boston's restaurant. At its meeting of March 23, 2011, the Site Plan Review and Appearance Board (SPRAB) approved a Class II site plan modification and architectural elevations without conditions. Mr. Dorling stated a local citizen expressed opposition to the architectural design. The Board then recommended approval with a 4 to 0 vote. At its 20 04/21/11 meeting of April 5, 2011, this was appealed by the City Commission. Bob Currie, Currie Sowards Aquila Architects, 134 N.E. 1St Avenue, Delrav Beach, FL 33444, stated there was some discussion about something else is appropriate to put there and his client agreed to it. Mr. Currie stated if the Commission agrees to this would he have to go back to SPRAB. The City Attorney stated this would not have to go back to SPRAB unless the Commission directed it to go back to SRAB. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Alice Finst, 707 Place Tavant, Delrav Beach, FL 33445, stated this corner is a destination point and landmark area on our beach. Mrs. Finst suggested leaving the railing, do the windows and add some more color (blue version) to the building. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Mr. Currie stated those windows are indeed inside the railing inside the column and they are not changing the color. presented. Mr. Carney stated this is a fine improvement and supports this as Mr. Fetzer stated this is a very important location our beach area. He stated he was concerned when he saw the first renderings and was hoping something more aesthetic could be developed. Mr. Fetzer stated since some changes have been made from the original approval by SPRAB that the Commission send it back to them to look at this again before approving it. second floor. Mrs. Gray stated she likes the new version and what has been done to the Mr. Frankel supports as presented. After brief discussion, it was the consensus of the Commission to not send this back to SPRAB. presented. Mayor McDuffie stated this is very attractive and supports this as The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). 21 04/21/11 Mr. Frankel moved to approve the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.E. TEMPORARY USE PERMIT/DAUGHTER OF ZION SEVENTH- DAY ADVENTIST CHURCH: Consider a request for a temporary use permit by Daughter of Zion Seventh-Day Adventist Church to erect a tent on a vacant block owned by the Delray Beach Housing Authority (DBHA), located on SW 12th Avenue and 10th Street, from July 7, 2011 to August 13, 2011 to conduct six (6) weeks of nightly services from 7 p.m. to 9 p.m. and community outreach programs on Mondays and Wednesdays from 6 p.m. to 7 p.m. Lula Butler, Director of Community Improvement, stated this item is a request from the Daughter of Zion Seventh Day Adventist Church for a temporary use permit to erect a tent on a vacant lot owned by the Delray Beach Housing Authority located at S.W. 12th Avenue and 10th Street from July 7, 2011 to August 13, 2011. The temporary use under the tent is to conduct six (6) weeks of nightly services from 7:00 p.m. to 9:00 p.m. and community outreach programs on Mondays and Wednesdays from 6:00 p.m. to 7:00 p.m. Mrs. Butler stated LDR Section 2.4.6(F) governs temporary use permits. In the early 1990's, the City Commission delegated the approval of eligible temporary uses under tents to the Chief Building Official. The City Commission also directed that such approval should not exceed three (3) days for each permit other than those associated with seasonal items (i.e. Christmas tree tents). The Daughter of Zion Seventh-Day Adventist Church is requesting approval of a 40 foot x 80 foot tent with a stage lighting that would accommodate approximately 200 persons for a six (6) week period. Mrs. Butler stated they have outlined the topics that they will be discussing with the community and the parking will be done on this same site. The church is located at 201 N.W. 3rd Avenue. Mrs. Butler stated she spoke with Dorothy Ellington and there is a slight disagreement in what the agreement between the Delray Beach Housing Authority and the Daughter of Zion Seventh Day Adventist Church was. The agreement specified that they would be doing outreach services on Monday and Wednesday nights from 6:00- 7:00 p.m. However, Ms. Ellington stated she was not aware that they would be running weekly nightly services but she does not object if the Commission approves it because she conditioned her agreement to them based on the City Commission approval. Mrs. Butler stated LDR Section 2.4.6(F)(2) requires several things for them to complete before they can approve this: (1) Proof of ability to connect temporary electric services, (2) Proof of ability to provide toilet facilities for both men and women on the premises, subject to approval of the Health Department, and (3) how foodstuffs are to be handled. Staff receives a variety of requests from time-to-time for temporary uses that go beyond the three (3) day time period. Mr. Carney stated he can see the benefit to the community of having these subjects discussed. He expressed concern with the precedent this will set. Mr. Carney stated these are noble objectives; however, another request may come along with less noble objectives and he would like to be consistent in the approval process. 22 04/21/11 Mr. Frankel asked if this has to be in a tent and are there any alternative facilities it could be in. Mrs. Butler stated they have a very large facility in town but they would like to do outreach services to a greater part of the community. Mr. Frankel asked why the church prefers the tent over an air conditioned indoor facility. Roland Mark, Daughter of Zion Seventh-Dav Adventist Church, 201 N.W. 3''d Avenue, Delray Beach, FL 33444, stated they believe in the gospel and when Jesus was here on earth he spent most of his time in the community taking care of the needs of the people. Mr. Mark stated they thought of the heat in July; however, they feel this is just a minute sacrifice. Mrs. Gray stated she supports the programs that the church would like to implement; however, she feels that six weeks is a very long time with not knowing who would be coming in. She expressed concern that because there are so many churches in Delray Beach that if the Commission approves it for one church then it could set a precedent. Mrs. Gray stated she is if favor of the outreach program; however, she cannot support a six week period of time or a tent. Mrs. Archer stated she is concerned with parking and how the amplified music will affect the neighbors. Pastor with the Daughter of Zion Seventh-Dav Adventist Church, stated although this is new to Delray Beach they do this all the time throughout the State of Florida such as Fort Myers and other areas. He stated the six weeks is so that they can reach out to the community and it would be a benefit to the City of Delray Beach. A Representative from the Daughter of Zion Seventh-Dav Adventist Church (unknown male), stated it will be a great benefit to the City and the community. He stated they erected a tent in Pahokee and the Palm Beach County Sheriff s office will tell the city that the continued service that they provide has reduced the crime level. Mr. Carney stated these are very noble objectives but he does not want to be forced into a position where someone else can say you did it for this group but you are not doing it for us. Mayor McDuffie expressed concern with moving from three days to six weeks and the amplified music at night next to a residential neighborhood Mr. Fetzer stated this is a noble program and asked Mrs. Gray what would be an appropriate time. Mrs. Gray stated most revivals are for one week. Mr. Fetzer stated he supports Mrs. Gray's recommendation that this be limited to one week and that the Commission evaluate the outcome of this. Mrs. Gray asked what the Delray Beach Housing Authority approved. Mrs. Butler stated their agreement specifically states that the term of this agreement shall be as follows: "Thursday, July 7, 2011 through Saturday, August 13, 2011 each Monday and Wednesday between the hours of 6:00 and 7:00 p.m." 23 04/21/11 Mr. Frankel asked Mrs. Butler if staff has discussed this with the neighbors to ask their opinions on what the feel about a situation like this. Mayor McDuffie suggested tabling this item to May 3, 2011 until staff goes out and speaks with the community and police, etc. Mr. Frankel moved to table this item to the regular meeting of May 3, 2011, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:51 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public and the City Manager. 11.B. From the Public. 11.B.1. Dr. Josh Smith, 3616 Avenue De Gien, Delrav Beach, FL 33445, stated with regard to the request that the Commission just tabled he is not opposed to that endeavor but he wonders whether the northwest and the southwest geographical areas of the city have a monopoly upon having those kinds of endeavors approved by the City Commission. Dr. Smith stated he hopes the rationale that governs the Commission's decision with regard to whether they approve these endeavors would be exactly the same as if the request was being made in the southeast and northeast areas of the city. Also, Dr. Smith expressed concern that if the Commission is going to deviate from the agenda to the extent that they have this evening, does this defeat the purpose of having an agenda. 11.B.2. Alfred Straghn, 26 S.W. 5th Avenue, Delrav Beach, FL 33444, stated on March 31, 2011 Reverend Howard Barr sent an invitation to the Mayor and the Commission to attend their next Village Town meeting scheduled for April 28, 2011. Mr. Straghn stated the Agenda for this meeting was to have conversation between key stakeholders of the northwest/southwest community and all the elected officials. However, Mr. Straghn announced that they will have to withdraw their invitation because of a scheduling conflict. Mr. Straghn requested that the City Commission schedule a Workshop Meeting with the Village Elders and local Clergy and the purpose of the Workshop will be to discuss the following: (1) future development plan for the northwest/southwest community, (2) future capital improvement plan for the southwest and northwest community, (3) how major decisions are made for the northwest/southwest community, (4) effective strategies to deliver information and receive feedback from key community stakeholders. Mayor McDuffie explained that the City Commission cannot hold a public meeting restricted to a specific group. He stated the City Commission can hold a Workshop Meeting and that will be open to everyone. Also, Mayor McDuffie stated the Workshop Meeting format does not allow attendees to speak. 24 04/21/11 11.B.3. David Randolph, 105 N.W. 11th Avenue, Delrav Beach, FL 33444, expressed concern over the noise that would be generated not only by that church but any church in the City of Delray Beach is not going to counter the noise that he has to endure every evening from high speeding ATV's and dirt bikes. He stated he has reported this to the Police Department and the City does not honor a Chase Order anymore. Mr. Randolph stated most of these individuals do not live in the City of Delray Beach and noted they are from Lake Worth, Boynton Beach, and other areas. Mr. Randolph invited the City Commission to come spend the weekend at his home and see what he is talking about. 11.B.4. Chuck Ridley, 210 N.W. 2"d Avenue, Delrav Beach, FL 33444, stated it is his understanding that a City Commission Workshop Meeting would allow representatives and the City Commission to discuss a particular topic meaning that if the Village Elders and a local Clergy was sitting at the table they can engage in direct conversation with the City Commission and its staff but those members of the public would not be involved in the conversation. Mayor McDuffie stated if there is a presenting group with a presentation on the Agenda then it is limited to only their conversation. Mr. Ridley stated they would like to have this conversation so that it could be limited to Village Elders and Clergy with the elected officials and then at a subsequent meeting they would like to have a j oint conversation with the community. Mr. Ridley stated it would allow them to vent concerns and have an open and honest dialogue that would be beneficial for both those who represent and live in a certain area so that there is no miscommunication. Mayor McDuffie stated the City Commission voted last week to limit presentations in Workshop Meetings to 15 minutes. Mr. Ridley asked what the Commission would suggest if the Workshop Meeting is not the best venue for them. The City Manager suggested that this be scheduled as a special single subject on a Special Workshop Meeting that would not have the normal time constraints. 11.B.5. Matthew Sclier, 18 Grove Way, Delrav Beach, FL 33444, stated at the March 15, 2011 City Commission Meeting he expressed concern over the loud music coming from car stereos and he did receive a response letter. However, Mr. Sclier stated the response letter is not acceptable because nothing has happened. Mr. Sclier stated he still hears the bass from loud car stereos day in and day out. He suggested posting signs with the noise ordinance along Swinton Avenue and feels people will not learn until they have to pay a fine. Secondly, Mr. Sclier stated the City is doing as much as they can to clean up Delray and Atlantic Avenue looks great. However, he expressed concern over the garbage and litter in his neighborhood but feels the worst area is around Lowson Boulevard and S.W. 10th Street across from D&B Tile. Mr. Sclier stated this area looks like a slum and suggested that this be enforced and people start organizing community cleanups. 25 04/21/11 11.B.6. Alice Finst, 707 Place Tavant, Delrav Beach, FL 33445, expressed concern over what was recently proposed at Worthing Park. Mrs. Finst stated she as well as other taxpayers should have a say as to what happens with this space; mainly sharing the space with restaurants. She asked how the City expects to keep this proposed shared space clean and under control. Mrs. Finst suggested that the City follow through with the recently presented plan with the lighting in place and see if the new design works to draw people into the park before making a decision on giving away part of the park, to give the restaurants an additional free serving area and subsequently spread patrons into the park seating areas. She stated Worthing Park has been used for many public displays over the years most recently the Delray Affair. Mrs. Finst stated Veteran's Park was closed to last week's Delray Affair and displays were moved into Old School Square Park. She asked if there is room to move any more exhibits into Old School Square. She urged the Commission to give the new Worthing Park a chance. 11.B.7. Christina Morrison Pearce, 2000 South Ocean Boulevard #307, Delrav Beach, FL 33483, expressed concern with Worthing Park and stated she was approached at the Delray Affair about part of the park being possibly given away. 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and At this point, the time being 9:16 p.m., the Commission moved back to Item 9.F. of the Regular Agenda. 9.F. SERVICE AUTHORIZATION NO. 07-21/MATHEWS CONSULTING, INC./AUTOMATIC METER READ SYSTEM (AMR), EVALUATION: Consider approval of Service Authorization No. 07-21 to Mathews Consulting, Inc. in the amount of $65,612.00 for professional services to conduct a Water Meter Automatic Meter Read (AMR) System Evaluation. Funding is available from 441- 5181-536-31.90 (Water and Sewer Fund: Professional Services/Other Professional Services). Victor Majtenyi, Deputy Director of Public Utilities, stated this is a Service Authorization to conduct a Water Metering/Automatic Meter Read (AMR) System Evaluation for staff to come up with a strategic plan and implement such devices. Mr. Majtenyi stated this is a follow up to the Workshop Meeting where staff discussed the water audit study and unaccountable water. He stated some of the recommendations were some technology devices. Mr. Majtenyi stated Matthews Consulting will conduct an evaluation of the City's existing protocol's and systems that we have in place for the meter reading process and the billing system. He stated staff will also look at the City's operating costs for such services and look at establishing criteria for a matrix for evaluating different type of systems mainly mobile radio reads, fixed reader reads and fixed network reads. Mr. Majtenyi stated there will be some interviews with other municipalities to see what they are using and come up with the cost analysis. 26 04/21/11 At this point, Mrs. Gray left the dais. NIr. Frankel moved to approve Service Authorization No. 07-21 to Mathews Consulting, Inc. in the amount of $65, 612.00, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; NIr. Frankel -Yes; Mayor McDuffie -Yes; NIr. Carney -Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to serve an unexpired term ending January 14, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). NIr. Carney moved to appoint Jason Dollar as a regular member to the Code Enforcement Board to serve an unexpired term ending January 14, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: NIr. Frankel -Yes; Mayor McDuffie -Yes; NIr. Carney -Yes; NIr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, Mrs. Gray returned to the dais. 9.H. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters' Retirement System Board of Trustees for a two (2) year term ending April 22, 2013. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Alan Kirschenbaum as a regular member to the Police and Firefighters' Retirement System Board of Trustees for a two (2) year term ending April 22, 2013. NIr. Frankel so moved, seconded by NIr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Carney -Yes; Mr. Fetzer -Yes; NIr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9_I. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member and one (1) alternate member to the Green Implementation Advancement Board to serve unexpired terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Carney (Seat#1). Mayor McDuffie stated he wished to appoint Jeff Benavides as a regular member to serve on the Green Implementation Advancement Board for an unexpired term ending July 31, 201 L Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 45 to 0 vote. 27 04/21/11 Mr. Carney stated he would like to defer his appointment to the next regular meeting of May 3, 2011. 9.J. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL,: Appoint one (1) student member to the Neighborhood Advisory Council Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Andrea Poveda as a student member to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. 9.K APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Jose Herrera as a regular member to the Education Board to serve an unexpired term ending July 31, 2012. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he received good news from the Property Appraiser's office today and reported that the City's projected change in 2010 taxable value based on earlier discussions about possibly a 5% drop, they informed him that we are one of 22 cities that will decline less than 3% and we are one of 6 or 8 that may end up in positive territory. Secondly, the City Manager stated today the City of Palm Beach had their Firefighters' Impasse Hearing and briefly discussed changes to their benefits. Lastly, the City Manager stated he was contacted by the YCMA and they would like to meet next week to discuss the property on Congress Avenue and what kind of arrangement the City might be able to work out for getting a facility built there. 28 04/21/11 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer NIr. Fetzer had no comments and inquiries on non-agenda items. 13.C.2. Mr. Carney NIr. Carney stated he enjoyed the conversation about the six weeks because it is very good that the Commission start looking at these different types of things. Mr. Carney stated there are good projects that people are trying to do and he did not want the applicant to go away thinking that the Commission did not think what he was trying to do was not a good thing because he believes it is a very good thing. 13.C.3. Mrs. Gray Mrs. Gray stated she too would like staff to look into the trash issue because she has received complaints especially from the southwest area of town. Secondly, Mrs. Gray stated next Thursday the "Boys Today Men Tomorrow Mentoring Program" is having a fundraiser at Anthony's Coal Fired Pizza at 4:30 p.m. Lastly, Mrs. Gray stated the MLK Beautification Project is coming along nicely. 13.C.4. Mr. Frankel Mr. Frankel had no comments and inquiries on non-agenda items. 13.C.5. Mayor McDuffie Mayor McDuffie stated he appreciates the comments expressed this evening. Secondly, Mayor McDuffie commented about his daughter's automobile accident that occurred last Friday on Boca Rio Road and stated she was hit head on. The car behind the lady who hit her head on, hit the backside of that automobile and knocked the car into her again causing the car to roll down the embankment into the Boca Rio Canal landing in an upright position and leaving her trapped in the vehicle. Mayor McDuffie stated his daughter managed to kick a hole in the windshield and crawled out. He encouraged everyone to go to the website to one of their local auto dealerships and get 29 04/21/11 an object that looks like a little hammer with two little pointed metal ends on it that you can hit and break a window out (center punch) and the other is one you can put on a keychain that has a seatbelt cutter in it and it also has a little round piece that is essentially a firing pin on a rifle and you press it up against the window and it fires a pin into the window and breaks the window. Mayor McDuffie stated they are approximately $12.00 each. He stated last Friday morning was the best day of his life in 23 years because his daughter is alive and well. There being no further business, Mayor McDuffie declared the meeting adjourned at 9:31 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 21, 2011, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 30 04/21/11 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR HYATT PLACE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests regarding the Hyatt Place project have come before the City Commission on April 21, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Project. All of the evidence is a part of the record in this case. 3. Waivers. Pursuant to LDR Section 2.4.7(B)(5}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) 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. 4. Hotel Front Setback. Per LDR Section 4.4.13(F)(4}(a}(2), the minimum front setback for buildings with nonresidential uses on the ground floor in the CBD zoning district is 5 fleet. The eastern elevation of the hotel includes an angled glass architectural feature that is approximately 3.5 feet wide and projects 5 feet into the minimum required setback (0-foot setback proposed). Should a waiver to Section 4.4.'13(F)(4}{a)(2) be granted to modify the minimum front setback? Yes / No 5. Parking_Lot Setbacks.- Per LDR Section 4.4.13(F)(4)(c), the Phase I parking lot on the west side of the alley does not comply with the minimum and 1 City Commission Meeting on Apri121, 2011; Item 9.B. maximum building setbacks and frontages along NE 15t Street and NE 1St Avenue given the lack of a building during this phase. Due to the potential extended period that the parking lot may be in place, a waiver request has been submitted from these regulations. Should a waiver to Section 4.4.13(F){4](c} be granted? Yes / No 6. Stacking Distance. Per LDR Section 4.6.9(D)(3)(c)(2), a stacking distance of 100 fleet is required in advance of all security gates. The development includes a security gate for the 45-space parking lot on the west side of the alley in phase I. This security gate has a 23-foot 4 inch stacking distance from the alley. A waiver request has been submitted from the required stacking distance. Should a waiver to Section 4.6.9(D){3)(c}(2} be granted to modify the stacking distance? Yes / No 7. Maneuvering__Area. Per LDR Section 4.6.9(D)(4)(c), a 6-foot by 24-foot maneuvering area is required for dead end parking tiers. A 5-foot 2 inch by 30-foot dead end parking tier is proposed on the mezzanine level of the hotel. A waiver request has been submitted for the maneuvering area. Should a waiver to Section 4.6.9(D)(4}{c) be granted to modify the maneuvering area? Yes / No 8. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 2 City Commission Meeting on Apri121, 2011; Item 9.B. 9. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 10. Based on the entire record before it, the City Commission approves / denies --- the waiver requests and hereby adopts this Order this 21St day of April, 2011, by a vote of 5 n vor an opposed. ATTEST: Nelson S. McDuff yor . \VW~~uv Chevelle Nubin, City Cleric 3 City Commission Meeting on Apri121, 2011; Item 9.B. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the Site Plan Review and Appearance Board's approval of a Class I Site Plan and Architecture Elevation associated with Burgerfi Restaurant has come before the City Commission on April 21, 2011. 2. The Appellee and City staff presented documentary evidence and testimony to the City Cammission pertaining to the appeal of the Site Plan Review and Appearance Board's approval of a Class I Site Plan and Architecture Elevation associated with BurgerFi Restaurant. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS A. Pursuant to LDR Section 4.6.1 $(E}, the following criteria shall be considered in the review of plans fior building permits. If the following criteria are not met, the application shall be disapproved. (1 } The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the focal environmental or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Have the requirements of 4.6.18(E) been met as it relates to the revised site plan? Yes / No 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. City Commission Meeting on April 21, 2011; Item 9. C. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based an the entire record before it, the City Commission approves / denies the appeal and hereby adopts this Order this 21st day of April, 2011, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin City Clerk Nelson S. McDuffie, Ma o 2 City Commission Meeting on April 21, 2011; Item 9. C. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the Site Plan Review and Appearance Board's approval of a Class I1 Site Plan Modification and Architecture Elevations associated with Boston's on the Beach Restaurant has come before the City Commission on April 21, 2011. 2. The Appellee and Gity staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Site Plan Review and Appearance Board's approval of a Class II Site Plan Modification and Architecture Elevations associated with Boston's on the Beach Restaurant. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS A. Pursuant to LDR Section 4.4.13, "Central Business District (CBD) Regulations": (1) Setbacks: The proposed changes are located internal to the existing structure, therefore the development standards of Tables 4.4.13(F}(4) Setbacks do not apply. (2) Open Space: Pursuant to LDR Section 4.4.13(F)(2), a minimum of 10% non vehicular open space shall be provided within the CBD; however, within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(5), and within those sections of the CBD zoning district located within the Pineapple Grove Main Street area and east of the Intracoastal Waterway, there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a development application within the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. As the development proposal is located east ofi the Intracoastal Waterway, there is no minimum open space requirement, however 12.6% is provided on site. City Commission Meeting on April 21, 2011; Item 9. D. (3) Parking: Pursuant to LDR Section 4.4.13(G}(1}(d), the parking requirement for the creation of new restaurant floor area is established at six (6) spaces per 1,000 square feet of hoar area. As explained in the background section of this report ("Appendix A"), the required parking and total expansion area were previously approved based upon the above regulation; however, the use area has not been built-out. The previously approved 792 square foot outdoor bar/use area reduced the remaining total square footage available for restaurant expansion to 91 square feet (8$3 - 792 = 91). The new second floor balcony and reception areas total approximately 193.50 sq. ft.; however, parking will not be accessed since it was determined that this new area did not qualify as new floor area. Based upon the above, the proposed changes do not require any additional parking spaces for restaurant expansion. Therefore, positive findings with respect to this section of the LDR can be made. Have the requirements of 4.G.'[3 been met as it relates to the revised elevations, provided they meet the current LDRs? Yes / No B. Pursuant to LDR Section 4.6.1$(E), the following criteria shall be considered in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environmental or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Have the requirements of 4.6.18(E) been met as it relates to the revised elevations, provided they meet the current LDRs Yes / No 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 2 City Commission Meeting on April 21, 2011; Item 9. D. in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves / denies the appeal and hereby adopts this Order this 21st day of April, 20'11, by a vote of 5 in favor and 0 opposed. ATTEST: . ~ Nelson S. McDuffie, Ma evelle Nubin City Clerk 3 City Commission Meeting on April 21, 2011; Item 9. D. WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, Historic Preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, Historic Preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering local pride, and maintaining community character while enhancing livability; and WHEREAS, "Celebrating America's Treasures" is the theme for National Preservation Month 2011 co-sponsored by the Delray Beach Historical Society, Delray Beach Preservation Trust, and the National Trust for Historic Preservation. NOW, THEREFORE, I, Nelson S. McDuffie, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 2011 as NATIONAL PRESERVATION MONTH and call upon the people of Delray Beach, Florida, to join their fellow citizens across the United States in recognizing and participating in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 3rd day of May 2011. NELSON S. MCDUFFIE MAYOR WHEREAS, the Knights of Pythagoras Mentoring Network has been paying tribute to dedicated women who give unconditional love and guidance to children in Delray Beach for the past 20 years; and WHEREAS, Delray Beach's mothers are women of determination and vision. They serve as caregivers and guides, helping to build the foundation for our children's success and nurturing them as they grow and explore the great promise of our Nation. Through these mothers' examples, children come to understand the virtue of kindness, the blessing of compassion, and the importance of principle. A mother's support encourages children to make right choices, set high goals, and become good citizens. A mother's love inspires children to achieve their full potential and strengthens the character of our country. The commitment and love of mothers reflect the best of America; and WHEREAS, on Mother's Day, we pay tribute to the extraordinary women whose guidance and unconditional love shape our lives and our future. Motherhood often allows little time for rest. As President Theodore Roosevelt said of the American mother in 1905, "Upon her time and strength, demands are made not only every hour of the day but often every hour of the night." President Roosevelt's words ring as true today as they did 100 years ago; and WHEREAS, the hard, perpetual work of motherhood shows us that a single soul can make a difference in a young person's future. As sources of hope, stability, and love, these mothers teach young people to honor the values that sustain a free society. By raising children to be responsible citizens, mothers serve a cause larger than themselves and strengthen our community; and WHEREAS, Mothers are tireless advocates for children. In our schools, mothers help to ensure that every child reaches his or her full potential. In our community, they set an example by reaching out to those who are lost and offering love to those who hurt. A mother's caring presence helps children to resist peer pressure, focus on making the right choices, and realize their promise and potential; and WHEREAS, in an hour of testing, one person can show the compassion and character of a whole country. In supporting their sons and daughters as they grow and learn, these mothers bring care and hope into others' lives and make our city a more just, compassionate, and loving place. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, do hereby proclaim May 7, 2011, as: Knights o~Pyfhagoras Mentoring Network's Ladies o~Disfincfion Day and encourage all residents of this All-America City to express their love, appreciation, and admiration to these mothers for making a difference in the lives of our children, families, and community and call upon citizens to observe this day with appropriate programs, ceremonies, and activities. 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, 2011. NELSON S. MCDUFFIE MAYOR WHEREAS, travel matters to the nation's economic prosperity and its image abroad, to business wealth and to individual travelers; and WHEREAS, travel to and within the United States provides significant economic benefits for the nation, generating $1.8 trillion in economic output in 2010, with $759 billion spent directly by travelers that spurred an additional $1 trillion in other industries; and WHEREAS, travel is among the largest private-sector employers in the United States, supporting 14.1 million jobs in 2010, including 7.4 million directly in the travel industry and 6.7 million in other industries; and WHEREAS, travelers' spending directly generated tax revenues of $117 billion for federal, state and local governments, funds used to support essential services and programs; and WHEREAS, spending by domestic and international visitors in Florida generated 70.5 billion and accounts for 757,000 travel generated jobs throughout the state; and WHEREAS, international travel to the United States is the nation's largest single export industry -greater than the export of business services, machinery, computer and electronic products, motor vehicles and agriculture. In 2010, travel accounted for 8 percent of total U.S. domestic exports, creating $134 billion in sales from abroad; and WHEREAS, meetings, events and incentive travel are core business functions that help companies strengthen business performance - averaging a return on investment of $12.50 in profits and $3.80 in revenue for every dollar spent on corporate travel -align and educate employees and customers, and reward business accomplishments; and WHEREAS, leisure travel, which accounts for more than three-quarters of all trips taken in the United States, spurs countless benefits to travelers' creativity, cultural awareness, education, happiness, productivity, relationships and wellness; and WHEREAS, travel is a catalyst that moves the national economy forward. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 7-15, 2011 be recognized as: TRAVEL AND TOLIRISM WEEK and the Delray Beach Marketing Cooperative be considered the Destination Marketing Organization for the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 3rd day of May, 2011. NELSON S. MCDUFFIE MAYOR WHEREAS, the week of May 15-21, 2011, has been designated National Emergency Medical Services Week; and WHEREAS, the chosen theme for this year's declaration is "Everyday Heroes"; and WHEREAS, the theme accurately emphasizes the relationship between local Emergency Medical Service providers and the community in which they serve; and WHEREAS, local Emergency Medical Service providers have partnered with the community, physicians, and local hospitals in improving public health and wellness through public education programs that raise awareness, medical and injury response and transport, disaster response and mitigation, and other initiatives that reinforce communal bonds; and WHEREAS, the City of Delray Beach likewise recognizes the service and sacrifice of local Emergency Medical Services providers; and WHEREAS, throughout our City, Emergency Medical Service professionals provide a vital and necessary service and in the time of need, Emergency Medical Service providers respond in a timely manner providing lifesaving measures for the residents and visitors of Delray Beach. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of May 15-21, 2011 as: NATIONAL EMERGENCY MEDICAL SERVICES WEEK in Delray Beach, Florida and urge all citizens to honor our Emergency Medical Service teams who faithfully respond when called upon to render aid and to fulfill the greatest creed of all, the service to humanity. 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, 2011. NELSON S. McDUFFIE MAYOR WHEREAS, public works services provided in our community are an integral part of our citizen's everyday lives; and WHEREAS, the support of an understanding and informed citizenly is vital to the efficient operation of public works systems and programs such as parks, water, sewPxs, public buildings, streets and highways, canal maintenance, and solid waste collection; and WHEREAS, the health safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as will as their planning, design, and constructiory is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works functions is materially influenced by the people's attitude and understanding of the importance of the work they perform and WHEREAS, this year's theme is "Public Works: Serving You and Your Communit~', as w~ celebrate the hard work and dedication of the many public works professional throughout the world NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach Florida, on behalf of the City Commission, do hereby proclaim the wEek of May 15-21, 2011 as: NATIONAL PUBLIC WORKS WEEK in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. 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, 2011. NELSON S. MCDUFFIE MAYOR WHEREAS, safe, clean, and sustainable water resources are essential to Florida's environment, economy, citizens and visitors; and WHEREAS, Florida's water supplies are finite, while our population and our need for water resources continues to increase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida's precious water resources; and WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes; and WHEREAS, Florida's permitted reuse capacity exceeds 1.4 billion gallons per day (over 58 percent of Florida's total permitted capacity for all domestic wastewater treatment facilities); and WHEREAS, the City of Delray Beach has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and WHEREAS, the City of Delray Beach has implemented a water reuse program and encourages efficient and effective use of reclaimed water. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of May 15-21,2011 as: WATER REUSE WEEK and call upon each citizen and business of Delray Beach, Florida to help protect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 3rd day of May, 2011. NELSON S. MCDUFFIE MAYOR THE WHITE HOUSE WASHINGTON Congratulations an receiving the I~C°esident's ~~olunteer Service Award, and thank you for helping to address the most pressing needs in your coinn~unity and our country. In nay Inaugural Address, I stated that we need a new era ofresponsibility-a recognition on the part of every Anlericaei that we have duties to ourselves, our Nation, and the world. `l"hese a~°e duties that we do not grudgingly accept, but rather seize gladly, firm in thc; knowledge that there is Clothing so satisfying to the spirit than giving our all to a diffCCUlt task. Your volunteer service demonstrates the kind of conu~titx~~ent to your community that Cnoves An7erica a stela closer to its grr°cat promrse. ®ur Nation faces the most challenging econornia crisis in a lifetime. `VJe will only renew America if we all work together. Individuals, tl~e private sector, acid goverment Cnust combitae effai-ts to make real and lasting change so that each pea°son has the oppop°tunity to fi.elfill lais ar her potential. while government can open snore opportunities for us to serve our communities, id: is up to each of us to seize those opportunities. 'hank you for your devotion to service; and for doing all you can to shape a better tomorrow for our great Nation. MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: Apri126, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MAY 3, 2011 RESOLUTION NO. 19-11: ABANDONMENT OF A UTILITY EASEMENT/1110 WATERWAY LANE ITEM BEFORE COMMISSION The request involves the abandonment of a 5' x 100' utility easement located on the property at 1110 Waterway Lane, within Lot 9, Water Way Lane, according to the Plat thereof, recorded in Plat Book 18, Page 100 of the Public Records of Palm Beach County, Florida. BACKGROUND The subject property, located on the south side of Waterway Lane, contains a 3,854 square foot one- story single family home constructed in 1950. The subject easement, located along the rear (south) lot line, was dedicated on the Plat for "Water Way Lane" (Plat Book 18, Page 100), recorded on December 26, 1940. Since the easement is not needed to service the property, the property owner is seeking its abandonment. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area. There are no utilities within the easement area. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company, and AT&T have reviewed the request, and have no objection to the abandonment. RECOMMENDATION By motion, approve Resolution No. 19-ll to abandon a 5' x 100' utility easement dedicated via the Plat for Water Way Lane, as recorded in Plat Book 18, Page 100, of the Public Records of Palm Beach County, Florida, located at 1110 Waterway Lane; and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(N)(5), Abandonment of Public Easements, of the Land Development Regulations. RESOLUTION NO. 19-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED ON THE PROPERTY AT 1110 WATERWAY LANE, DELRAY BEACH, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Peach, Florida, received an application for abandonment of a utility easement dedicated via the Plat of "Water Way Lane", as recorded in Plat Book 18, Page 100 of the Public Records of Palm Peach County, Florida, located at 1110 Waterway Lane, and as more particularly described in Exhibit "A"; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements, of the Land Development Regulations of the City of Delray Peach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings, and WHEREAS, the City Commission of the City of Delray Peach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Peach to vacate and abandon said easement, as more particularly described in E xhibit " A" . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the __ day of__________ , 2011. MAYOR ATTEST: City Clerk RES. NO. 19-11 ~ ^ SKETCH OF DESCRIPTION ° EXHIBIT 'A" N ~~ SHEET 1 OF 1 W J v L 0 T ~`` O X00 r AREA TO BE ABANDONED o ~ 000o I inn 9 0 ~i9s ~ O °os ~ J ~ NORTH RIGHT OF WAY ~~~•~~ SOUTH LINE LOT 9 0 `9° 0 b s6oO3 LINE OF LAING STREET ~00~ Q _ _ _ _ LAING STREET _ _ _ _ _ - ~ (ABANDONED & UNIMPROVED) b SOUTH RIGHT OF WAY Q LINE OF LAING STREET DESCRIPTION.• THE SOUTH 5.0 FEET OF LOT 9, WATER WA Y LANE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 18, PAGE 100, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. NoTES• THIS lS NOT A SURVEY =CENTERLINE PAUL D. ENGLE SURVEYOR & MAPPER #5708 DA TE.• APRIL 18. 2011 ORDER N0. 92-101AB W z w Q O WATERWAY LANE w 0 VISTA DEL MAR D Q RIVE N OR TH VISTA DEL MAR DRIVE SOU TH -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\~BMS\File-Cab\Z-LM 1001-1500\LM1247_1110 Waterway Lane J~ ~ N EASEMENT SUBJECT 1110 WATE RWAY LAN E \ ADANDONMENT PROPERTY 1r ) ~ Q r___' ABANDONMENT EASEMENT PLANNING NING L J ~- DEPARTMENT LOCATION MAP " '` ~ ~ '~ . f ~..~~T..... ~ ~ d .. .. ....... .....„.,a ~... d ...._~.. i~ a f ~ .~ C aI . ~ p '~"." ~, 0. l C fl V m m~N G. ~ ~_1 i. C'11r6 'I y `t ~ II ~. W 9 ~ ~f vn "p ~ .~"" . I ~ , ... ~q: ~ ~ ~ ~d~ ~ ~ .~ :, .~mY C ~ d' q ti~atrt ~ &w I I ti'I yy ~.. U ~ ~ ~ p r ~ "~ ~ g " ~ 'YMO~' 5 pg J! ~ ~. a ] M Mr K p~ iM~ .. +YIL1^Xpl N], p ~- ~~ a: ~ .~br ~ ~' ~ ~ K, ~ ~ ~ ~ ~~ w ~ 0 ~ u ~ -..__S_' 1"M1bS 44~b- ~ ... ~ ~ ` I ~ 'b ~ II r "~ I rlp @ I .d ~ ~~. ~ ' ~ . ~.. C ~ ~" .'~ ~ .. p~.. NHS ... 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U ~~ L`,R~~~r~Cy'~, ~ 4A ~ ~ _ 1~.~Qyp'c`Vtl~v '~ ~ht3''~b~+~ F`'~ kw ,~ 'rv .~' '~ ~; x~ ~;t m w:. +~ b~ ~.y, ~;.~.+. ~ a ;~,~ ~~°~ ~'4 43-w. e~:u ~. ~, ~ ~~ ~'W ~ m Ww +1 a~~~ ~~ 4~,a~w. ~ ~& n w =,, tP ~. ~~~~~ ~ v~r,~~ ~m L.9~y ~ '~ ~ ~i ~T ~~w_~;n ~~oNd ~ Ol 107 £T'L+ 2/007 3~130/S32/ 9N11S1X3 i~'i~+ e~~ ~S~ 0 rn of J OOz Q W ~ m~ Q ~~ ti ~ U p p Z~ m ,s~t W V Z W O W O ~~ U ~ Z O U ~ g g + ~ . ............ 99'9+ 2/007 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: Apri128, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MAY 3, 2011 TRANSPORTATION ENHANCEMENT PROGRAM GRANT PROPOSAL/ PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPOI ITEM BEFORE COMMISSION The item before the City Commission is a request for authorization to submit a grant proposal to the Palm Beach Metropolitan Planning Organization (MPO) for beautification improvements along N.E. 2nd Avenue within the Del-Ida Park Historic District. BACKGROUND The Planning and Zoning Department proposes to seek funds from the Palm Beach MPO Transportation Enhancement Program Grant for the purpose of beautification improvements along NE 2nd Avenue from NE 4th Street to George Bush Boulevard, within the Del Ida Park Historic District. The grant, which does not require matching funds and may include a budget up to $750,000, would be available in FY 2014-2015. In October 2010, property owners from the Del Ida Park neighborhood approached the CRA about the possibility of improving NE 2nd Avenue because it connects to Pineapple Grove Way and is a "gateway" to the downtown. In addition, safety concerns were brought up relating to lighting and sidewalks. As a result, the CRA allocated $80,000 towards the preparation of design documents for improvements. City and CRA Staff have met with the property owners on several occasions and the improvements which nay be included in the project are as follows: Decorative sidewalks Brick paver crosswalks Decorative lighting Landscaping Dedicated Bike Lane Entry signage The grant criteria are focused on enhancing and/or creating the bicycle, pedestrian or transit transportation facilities within the project area. The costs associated with the listed improvements will be covered by the grant with the exception of the decorative sidewalks which are proposed to replace existing sidewalks. The grant will cover the cost to install any new sidewalks (decorative or only concrete), but not a decorative upgrade for existing sidewalks. The estimated total project cost, which has not yet been finalized, will be limited to not exceed the maximum grant amount of $750,000. It has not yet been determined how associated project costs not covered by the grant will be funded, nor who will be responsible for the ongoing maintenance costs. In the past, similar projects have been funded through a Special Assessment of the benefitted neighborhood to cover improvements cost. This remains an option for the improvements as does the creation of a Neighborhood Improvement District (NID) for the purposes of covering any associated maintenance costs required by the improvements. The Special Assessment, NID, or any other funding of the project will be subject to City Commission approval, and would be finalized prior to commencing the project in 2014. City and CRA Staff will also continue to assist the neighborhood in seeking out additional funding sources. The submittal deadline is Thursday, May 5, 2011. The proposal will be presented to and reviewed by the Palm Beach MPOs Bicycle/Greenways/Pedestrian Advisory Committee on Thursday, May 12, 2011. RECOMMENDATION By motion, authorize submitting a Transportation Enhancement Program grant application to the Palm Beach MPO for the purpose of funding beautification improvements along NE 2ndAvenue from NE 4th Street to George Bush Boulevard. ..r.,.,;a..rt , r R ` I 7~, ~~. a ,Y a , ~~ ~ y~ A~ , '~ .,~4~ 1 , , ~ ' ~ ~ is ; ' `t ; ~ P 4.x K ~' F A 5 ~4- . I I .L 4 y ' 1 1'T" V. 1 1. \ ~ .. . 'G 3. ~ . ~ f• a, ~ i ~ ~ ~~ ~h ./~ ~ ~v~'(~'. ,, ~~ ~\ ~ ~ ' ` Y J x ~~~~~~:::~YY p 44 ~WY + ~ ~ at ,:• ., fi e t ~~ f ~ ~d„ '_` ~. ,~, ~a, u ` ~ ~ x ,~~. ~~ r1 i /~ r r.. ~ .. '~ F ~ ' .iii,.. ~i ~.i. 1 i ..~ + ~~ ~.x~ .~.: c-- * ~, ~~ ~~ u ~ u ~~~ ~~~ ~~ ~.wY . , _. ''~'- i an,/~t,. ,,. ,. . ,~ •. ~, . ~,iu , ~~~ ~~, ~ ~ ~ ~ I~ :; y~ ', v r t YT ..~ ~ 1 i • / ~'y I v ,` ~ ~ ~~ • i + ~ . 9 ` , ~ ~ '~ [.. ~. ~ ~ Y ~ II i .-. "'~ ~ ~ a ` ' }i ; ~ ~ . w a` t1!` / , .. ~ ., yfil ~ ft h ~f .r~ ~ ~~ ~.~ ! ~j~r'... " Syr 7 ,. i. ± i , ~, . , :~~'-r / 1 N ~ ~ ~ X ~, ~ ~ u { ill ~ ~ r, ~i '~ ~ ~ ~. y ~. a i. ~~ ~ ~, ~. ~ ~ .~ ,r 1: '~'~ I. ~ 'l ~~ ,. ~;;: it ~~ ~! i Q a ¢ 7'r ~~~ ~,..'.. @Y ~v S'fi' , ,'A 4a ,i~nA'a, U i i~^ { # { ( ~ s ~ ~ i mll~l. ~~ 'J~r ~~~ } ~ ~~ ~~ 1 ~.~~ ~ ~~ ; . - ,~ ~ ~r _~ r $,- ii uumuullpu oW~ii ,. ~~ '~~. ,, i ~~ rt K N,. .~ k 4.:x'z'~ ~ ~ iy 4 ,~' ~_ Wan ~... ,. a,,/ ~^.y s ~~ ~i~~ _ ~i N.. - " i„ ~ 1 - iii _.. r, 4' I r rt,- r .. < ~.,i ~ , i {g I ,1 . ~ I ~ i. ~. ~ , i f '~ _~i~' ~ ~~ ~ ~y` ~ ~~ ~~ ~~ ~ ~~~ ~ !ri h !,, r, „04 i~ _, ~ / ~• .- /,i~// M. ~~ w. ;~~, ~' 1 i /' ~ ~ ` 'A ~~ I~ /' ,bell ' ~. \ ~;~; ~l Rauh 'w ' 1 ~~ Y ~~y . Y ' a G F ~. r ¢, i ~ ~ y ` ~ '~ it Y . ( .x'k . *... ~, ,~ ~,, Add brick paver crosswalks at intersection of NE 5th Street Add brick paver crosswalks at intersection of NE 6th Street Add brick paver crosswalks at intersection of NE 4th Street, North side only . Add brick paver crosswalks at NE 8th Street, South side only • Replace concrete sidewalk with concrete sidewalk with brick borders (no change in width) Add decorative pedestrian lighting throughout, as needed (acorn design) . Remove FPL Lights (Posts to remain) . Landscaping in swales throughout i ,~.~ i i 5' S 5' 4' 1 O' or ~ 1'" ' 1 0' or ~ 1'" ' 4' ~ 5' _. r' __ t ___ ;. ~ ,, i I _.____._._ .......... ......... ............ ...... ____._._.__ j i I 1 `-: * To be determined by current location of sidewalk. either on nronerty lines or offset by 1' from nronerty lines. MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Bob Diaz, Construction Manager Richard Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri129, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MAY 3, 2011 CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)B & O CONSTRUCTORS, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. UFinal) in the net deduct amount of ($1,225.21) and final payment amount of $8,550.31 to B & O Constructors, Inc. for the completion of the Munnings/Williams Rehab Project #2010-085. BACKGROUND The project consisted of the rehabilitation, restoration and preservation of the Susan B Williams House; an existing one story 1935 historic bungalow structure adjacent to the Spady Cultural Heritage Museum. Improvements included selective interior and exterior demolition, new roof, all new electrical, mechanical and site improvements. Change Order No. 1 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #668577 to account 334-4851-575-62.89 (General Construction Fund/Buildings/Munnings/Wms Rehab). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order UFinal) in the net deduct amount of ($1,225.21) and final payment amount of $8,550.31 to B & O Constructors, Inc. for completion of the Munnings/Williams Rehab Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/Fiual (Contract Closeout) PROJECT NO. 2010-085 DATE: PROJECT TITLE: Mumiings/Wms Rclial~ TO CONTRACTOR: B & O Constructors, L>c. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLAN5 AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $154,780.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ~ AO ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER ~154,?80.00 COST OF CONSTRUCTION CHANGES THIS ORDER S (,1,225.21) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $153,554.79 PERCENT DECREASE THIS CHANGE ORDER -0.79% TOTAL PERCENT DECREASE TO DATE -0.79% CERTIFIED STATEMENT: I hereby certify that tl~e supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fau• and reasonable. B & O Constructors, Inc. {Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NfA DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Co~nn3ission RECOMMEND: Enviranulental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S:~ngAdminlPrajectsl20§012010-0&S10FFlCIA4',CO I Final B&0 Constructors ~[unnings Wms Rehab GC 050311 docx SCHEllULE"A" TO CHANGE ORDER NO.1 / TI\rAL (CONTRACT CLOSEOUT} 13 & O CONSTRUCTORS, INC. itiIUNNINGS/~V~iS REHAB PRO,IEC'I' NUr'11BER 2010-085 ITE1W DESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE NO EST. QTY. UNIT PRICE TOTAL ACTUAL RTY. UNIT PRICE EXTENDED TOTAL PRICE gUANT ADJ. +! - 1 Renovations to the existing on~story historic bungalow structure knonn as fbe Susan B. !i'illiams House per plans and speciticalions by dudsan Architecture, Inc, $139,770,0{! la Selective Demo€ition, as r Drawin s LS i $ 3,58LOD $ 3,581.00 1 $ 3,581.110 $ 3,581.00 $ - ]b ~IobilizationlProtecNoniSherin LS I $ 4,118.90 $ 9,118.00 1 $ 9,118.00 $ 9,118.00 $ - Ic Performance Bond LS I $ 4,600.09 $ k,69D.00 1 $ 4,600.00 $ 9,500.90 $ - [d Ramps/54airslConcreto Foundations and Masonry Works LS 1 $ 2,1385.00 $ 2,685.90 1 $ 2,t~85.00 $ 2,885.00 $ - le Concrete Pads LS I S 4,177.00 $ 4,177.00 1 $ 4,177.OD $ 4,177.06 $ - If Roof Trusses-SIa€erial L5 I S 2,410,OD $ 2,916.D0 1 $ 2,410.OD $ 2,410.00 S I Rough Carpentr}• Waod FramingiSheatingfSidingJ Floor lleck LS ] $ 15,819.06 $ 15,814.00 i S 15,814.00 $ 15,814.00 $ - th Finish Ca n -Cabins LS 1 $ 11,81fi.OQ $ 11,816.00 1 511,816A0 $ 11,816.00 $ - li Stair Handrails LS 1 $ 716.00 $ 716.90 1 $ li6.Ofl $ 716.90 $ - 1' Ceilin Front Porch LS I $ 895.66 $ 895.017 1 $ 895.Of1 $ 895.00 $ - lk Columns LS [ $ 1,910.OQ $ 1,910.04 1 $ 1,910.00 $ 1,916.00 $ - lt 2- 2".x6" Wood Plate Su rt LS I $ 656.OD $ 656.QD 1 $ 656.00 S 656.09 $ - lm Shin le-GafT-vnbedine LS t $ 5,669.00 $ 5,669.00 1 $ 5,665,00 $ 5,669,00 $ - In WlseaterBamer LS t $ 1,19k.9D $ 1,194.00 1 $ 1,194.Q0 $ 1,199.00 $ - lo Ri id Insulation LS I $ 3,379.00 $ 3,379.00 1 $ 3,379.9D $ 3,379.00 $ - I Batt Insulation LS 1 $ 205.00 $ 295.OD 1 $ 295.00 $ 205.00 $ 1 Wood Poors, Frame and Hardware LS t $ 4,261.00 $ 4,261.00 1 $ 4,261.D0 $ 4,261.6D $ - Ir V.'indowsRestorafionandCornerTrims LS 1 S 4,774.OD $ 4,774.06 1 S 4,774.D0 $ 4,774.f10 $ - ]s rabte Partition LS l $ 8,365,QD $ 8,3S5.D0 1 $ 8,365,00 $ 8,365.00 S - ]t }nteriarParti@onsand Ball LS 1 $ 2,148.00 $ 2,148,00 i $ 2,148.Q6 $ 2,148.€7Q $ - Iu Laminated Woad Floor LS 1 $ 1,k20.D0 $ 1,420.00 1 $ 1,920.09 $ 1,420.OD $ - Iv Ceramic Tite - Wal[ and Fluorin LS I $ 1,432.00 5 1,432.00 1 $ 1,432.00 $ 1,932.9D S - ]w Paintin LtteriorandEsterior LS I $ 3,281.00 $ 3,281.00 1 $ 3,261.00 $ 3,281.00 $ ]r Rasa Wall LS i $ 716.00 $ 716.00 1 $ 718.00 $ 716.QD $ - I Soa Dis user B-2 ] 11 LS 1 S 53.00 $ 53.00 1 $ 53.00 $ 53.6Q $ - Iz Seat Coser Dispenser, Saztitary Napkin Disposal & TaitetTissueDispenserB-3574 LS 1 $ 349,00 $ 349.00 1 $ 349.00 $ 349.OQ $ - [aa Pa r Towel Dis user/Waste Rece facie B369 LS 1 $ 166.00 $ 166.00 1 $ 186.00 $ 166.00 $ - Ibb 36" i-112" Grab Bar B-6$06 LS I $ 52.Q0 $ 52.00 1 $ 52.00 $ 52.00 $ - Icc 42" I-I!2 Grab Bar B-6$06 LS I S 54.00 $ 54.410 1 $ 54.90 $ 54.00 $ - ]dd 24"W36"H tilt Mirror B-2932436 LS 1 $ 282.06 $ 282.00 1 $ 282.00 $ 282.00 $ fee 24" x 29" Recessed Floor Hatch LS 1 $ 2,431.6D $ 2,431.D0 1 S 2,431.00 $ 2,431.00 $ - tff 24"x30" Insulat. Access Panel LS I $ 702.00 $ 702.60 1 S 702.00 $ 702.6D S - t Monument Si LS 1 $ 2,959,00 S 2,459.1}0 1 $ 2,459.00 $ 1,368.00 S 1,151.OOJ lhh Bic •clo Rack LS I $ 922.OQ S 422,f}Q 1 S 422.00 S 422.00 $ - tii }iurricane Shutters LS [ $ 2,682.00 $ 2,682.CS6 1 $ 2,682.90 5 2,fi82A0 $ - 1" HVAC 1'.'orks LS I $ 10,145.60 $ 10,195.t7D 1 $ 10,145.00 $ 16,1k5.99 $ - lkk Plumbin Works LS i $ 7,400.OQ $ 7,400.Q0 1 $ 7,400.00 $ 7,9DD.00 $ - lll electrical Work LS i $ 21,351.QQ $ 21,351.00 1 $ 21,351.60 $ 21,351.06 $ - 2 General.-Ito,rance Breakdown eelaw LS k $ 16,000,00 $ 16 000.00 0.9854 $ 16,000.06 $ 15,825.78 $ 74.21 Addf scopelcosl tor. smaN, flat roof area to be btnlt up reof system, in lieu of shktg!es, due to iruu~cient slope and code compFanee; Dual ADA eompEiant sink in feu of sings non-compf~ant sink; WaterlSewer sarvics connections per revised civrl pfart street C-2 10!25110. duo to bidlpennit plans lacking ut7~y connections. oved b C Man 31f22l10. - - 1 9,996,18 - - Addl. scopelcost for revision to interior wait tayout, revision to AI]A comp>:an1 ramp & landing; add'L structural support; revision to method of anchoring storm shtrtters; add'1. ceramic b?e; reptacement of waterhealer to an instant hot Lanklass, due to space Gmilalions. Approved by City Manager 2!2!11. - - 1 3,386.59 - - Add'L cost for engineered wend Door in fieu of ~rninaied wood favor - $1,016.11; stamped keystona fnish forwa:cways - 5851.OD; and addtiona] ceramic sufsvay hie 5yihin the kitchen area and adjustment to the finish of the kitchen area m3Mtodc - 377&.04. Approved by City Commission 03!15111. _ _ 1 $ 2,643.11 - - 3 Indemnification L$ 1 $ 16,66 $ 10.90 7 $ 10.00 $ 10A0 $ TOTAL ORIGINAL CONTRACT AWARD $954,780.00 $153,554.79 $ (1,226.21) Page 1 of 2 SCIIEDIILE "A'• TO CHANGE ORDER NO. 11 rINAL {CONTRACT CLOSEOUT) B & O CONSTRUCTORS, INC. ~IIUNNINGS11YlI5 REHAB PROJECT NUMBER 2010-085 Original Contract Award $154,780.00 Prevlausiy Approved Changes SO.OD Total AwardlApproved to Date $154,780.00 Final Contract to Date $753,554.79 CHANGE ORD1;R N0.1 !FINAL. $ '[,225.2! Page 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri125, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MAY 3, 2011 SERVICE AUTHORIZATION N0.07-OS/WANTMAN GROUP ITEM BEFORE COMMISSION This item is before the Commission for approvaUauthorization for the Mayor to execute Service Authorization (SA) #07-05. This SA is for the design of a water main upgrade on SW 10th Ave from SW 2nd St to W Atlantic Ave. Cost of this SA is $48,846.00. Project number 2011-047. BACKGROUND This SA is for the upgrade of an existing 2" water main on SW 10th Ave from SW 2nd St to W Atlantic Ave. This upgrade is part of the City-Wide Water Main Upgrade Master Plan. The design fee, which includes permitting, of $37,160.00 is approximately 9% of estimated construction costs. Additional fees for surveying, underground utility locates and reimbursable expenses make up the remaining $11,686.00. The SA and a location map are attached. FUNDING SOURCE 442-5178-536-68.76 RECOMMENDATION Staff recommends approval. CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AU'T'HORIZATION N0.~~ FOR CONSULTING SERVICES CIT~C F.O. N0, CITY EXPENSE CODE TITLE: S.W.10th Avenue Water main Improvements. This Service Authorization, when executed, shall be incorporated in and shall b~:come an integral part of the Contract executed July 5, 2007. Title: A reement for General Consultin En ineerin Services I. PROJECT DESCRIPTION Engineering Design, Survey, Utility Coordination, Permitting and Bidding Services for the upgrading and removal of the existing 2rr water mains and installation of an 8r' water main along S.W. 10 Avenue. Project Location: S.W. 10th Avenue from S.W. 2"d Street to W. Atlantic Avenue. IT. SCOPE OF SERVICES Phase I- Study and Report Phase Not Applicable. Phase II - Preliminary Design Phase Not Applicable. ® Wantman Group, Inc. Phase III - Final Desian Phase WGI shall provide final design services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated May 30, 2007 and executed on July 5th, 2007. 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk-through will be included. In addition, potential underground and above ground existing utilities will be identified. 2. Utility Coordination - Coordination with agencies shall be performed to collect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 3. WGI shall prepare construction drawings which shall include: cover sheet, general notes, civil plan drawings (with profiles), and specifications and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20'for plan and 1" = 2' for profile. WGI shall prepare the engineering design elements based on topographic survey information prepared by WGI's surveyor using AutoCAD Release 2009 format. Drawings (four copies) shall be submitted for City review at 600, 90o and 1000 stages. 4. Contract documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Specifications (four copies) shall be submitted for City review at 600, 90o and 1000 stages. The City front- ends will not be included until the 60o design stage. 5. At the 600, 90o and 1000 stages, WGI shall prepare a detailed opinion of probable construction cost based upon the design level of the drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. 6. WGI shall attend kick-off meeting and two (2) design meetings with the City and provide a written summary of the issues discussed. Wantman Group, Inc. . 2 EngfneerfngOSUrveyingO En .~ ~:_:-~5-~~ p = =~^. ^y 7. WGI shall provide internal QA/QC reviews on the 600, 90o and 1000 Design Documents (e.g. drawings, specifications and cost estimates. 8. WGI shall furnish with the 1000 design drawings, one (1) mylar set and one (1) set of AutoCAD (Version 2009 or lower version) files in electronic format (*.DWG & *.DWF) on CD. Specifications shall be provided in electronic (PDF & WORD) format. Phase IV - Bidding/Negotiation Phase WGI shall provide final bidding phase services in accordance with Article III.D of the Agreement for Engineering Services with the City, dated May 30, 2007. 1. WGI shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. WGI shall provide twenty-five (25) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. WGI shall attend one mandatory pre-bid conference and provide a written summary of issues discussed. 3. WGI shall issue addenda and shall provide supplemental information or clarification as appropriate to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. WGI shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. WGI shall submit to City a written recommendation concerning contract award. 5. WGI shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star". ® Wantman Group, Inc. . 3 Enplneering OS~rveyingOEn .~~=^-?^~~e..... v Phase V - Construction Administration Phase Upon completion of the final design phase, WGI shall submit an Addendum to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-B of the Agreement with the City (if requested by the City). Other - Permitti Obtain a Palm Beach County Health Department(FDEP) permit for the water main extension. The application fee to be paid for by the City. Other - Surveying 1. Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. All topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: 2. Location of all visible fixed improvements within right-of-way including 10-feet back on each side of the right-of-way of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. This also includes the front two corners of the building on each lot or indication if the lot is vacant. 3. Location of all known above and below ground painted or designated existing utilities (as marked or flagged): FP&L, AT&T, Cable TV, Natural Gas, Potable Water (mains, valves, fire hydrants, and meters), Force Mains (mains and valves), Sanitary Sewer (rims, invert elevations, pipes, laterals, and clean-outs), Storm Sewers (rim, pipe, grate and invert elevations). 4. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and platted or supplied dedicated easements. 5. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 10 Wantman Group~Inc. . q. Englneering OSUrveYing OEn ~~~.-.-~~ ~_ _ --y feet back) shall be indicated on the driveways to indicate direction of grade. 6. The survey shall include topography of all the intersections and 50 feet beyond radius returns, at the terminal end of each street. 7. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark and tied to state plane coordinates. Other - Subsurface Utility Engineering (SUE)Location Services - "Soft-Digs" 1. Perform subsurface utility location (soft-digs) services on utility mains/conduits in the right-of-way for design and incorporate information into the survey drawings. This service also includes gathering of utility information from local providers. III. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not- to-exceed cost for each phase. Engineering Services Phase I - Not Applicable Phase II - Not Applicable Phase III -Design Phase (Hourly)- 600,90% &1000 Phase IV - Bidding/Negotiations Phase Other Services - Permitting Estimated Fees 0.00 0.00 $29,188.00 Other Services - Surveying(Delray Beach Standards) Other Services - Utility Locates "Soft-Digs" Reimbursables - (Lump Sum) $7,027.00 $945.00 $7,950.00 $2,250.00 $1,486.00 Total Compensation $48,846.00 ® Wantman Group inc. . 5 Englnee~ing OS~nreying6 En .`~_^-+a-'_ .._ _ IV. COMPLETION DATE (See attached time line schedule) 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 WGI may 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: Date Mayor Attest: Approved as to Legal Sufficiency and Form WGI: Wan man Croup, Inc. Date ~~~ ~ .~ s - -__ .. ~~ Witness Witne s ~., (Seal) BEFORE ME, the foregoing instrument, this ~t~ day of ~Td`rt~~n , 2010, was acknowledged by on behalf~r of the Corporation LtJA~MA,~~ ~,,Tta-L.~ap, v~C,. 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 a foresaid this _~ ~ day of 2010. Notary Public MARTHA EVANS State of Florida NOTARYPttBLIC-STATEOFFLORItJ& ~;OMMISSIQN # EE002677 My Commission Expires EXPIRES 6/21/2014 ~ONQELI THRU i-&86-NOTARI'i -6- ® Wantman Group, Inc. 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O C .~ Q ~ ~ ~ ~ U N iJ l0 L ~ Q C OO Q C ~ ~ U I I .i ~ ~ a~ a~ t/) Z) Z ~- ~.... ~' ~~~- r; ~; - ~~ ~: ~..-- L ^ L ~~ i a 0 ~a ~~ 6_.a. ~~ ~:, , ,.~~ ~Z C~ U (~ N m (~ i N 0 0 N N MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: Apri128, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MAY 3, 2011 AMENDMENT 1 TO ALTERNATIVE WATER SUPPLY GRANT/SFWMD ITEM BEFORE COMMISSION Approval and acceptance of Amendment 1 to the Alternative Water Supply (AWS) grant from the South Florida Water Management District (SFWMD). The amendment reduces the amount of funding from $210,900 to $154,800 for the Area llB Reclaimed Water System expansion. BACKGROUND Since 2004, the City has maintained an annual program to expand its reclaimed water transmission system to provide irrigation water to City utility customers. The SFWMD in November 2010 approved an award to Delray Beach for the llB Reclaimed Water Project in the amount of $210,900. Area llB encompasses the barrier island neighborhood from Beach Drive on the south to George Bush Blvd. on the north. On December 7, 2010, City Commission accepted the grant award and authorized the Mayor to execute the agreement. The application for the grant was submitted in late September 2010 at which time the project was still in the design phase. Construction cost was estimated at $1,473,000. During this same timeframe, South Central Regional Wastewater Treatment Plant was also reviewing its allocations to Delray and Boynton. Considering that reclaimed water was now a limited comodity, staff re-evaluated its Reclaimed Master plan and concluded that it was not feasible to serve areas outside of its service area, specifically Gulfstream. This decision initiated a review of the transmission main pipe sizing along Andrews Avenue, from Beach Dr. north to George Bush Blvd. From a cost and water quality standpoint, the 16" transmission main was downsized to a 10", with the saving estimated at $85,600. Amendment 1 to the Agreement with SFWMD (Agreement # 4600002307) acknowledges the revisions to the piping (Exhibits Al and B 1) and modifies the grant funding accordingly. FUNDING SOURCE Additional funds due to this grant reduction ($56,100) are available from account #441-5181-536-65.96, Water & Sewer Fund/Reclaimed Water Transmission. RECOMMENDATION Staff recommends approval of Amendment 1 to the Alternative Water Supply Grant with South Florida, Water Management District. OU'I'~I L,~TZII~t~ .A.TE l~NA~E ENT I~TI~I~T April 27, 2011 Mr. Richard Hasko Director of Environmental Services City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Dear Mr. Hasko: Subject: Contract # 4600002307-A01 FY 2011 - AWS Project # LEC - 109 Enclosed please find two (2) copies of the above referenced document stamped "Original". Please have both documents executed by an individual with signature authority on behalf of your organization and return both originals to my attention within two (2) working weeks. If applicable, and not previously submitted, a Certificate of Insurance reflecting the required coverages) as well as documentation to demonstrate official delegation of signature authority up to the contract monetary limits should also be provided with the executed documents. Any delays in the return of the documents may jeopardize the availability of funding. A fully executed original will be returned to you for your files upon execution by the South Florida Water Management District (District). Your cooperation and timely response will be greatly appreciated. Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Should there be any questions, or if you require any additional information, please do not hesitate to contact me. Sincerely, v~°~~' Rup~Giroux Contract Specialist Procurement Department rgiroux@sfwmd.gov (561) 682-2532 FAX: (561) 681-6275 RG/cdl Enclosure c: Stacey Adams / MSC 2533 3301 Gui~ Club Road, West Palm Beach, Tloric9a 33406 ~ (561) 686-8800 ~ FL WAI'S 1-800-432-2045 Nlaifing Address: P.<~. Box 24680, West Palm Beach, FL 334"1.6-4680 wwwsfwmd.gov ORIGINAL . • SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4600002307-A01 AMENDMENT NO.O1 TO AGREEMENT NO. 4600002307 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF DELRAY BEACH This AMENDMENT NO.O1, entered into on to that AGREEMENT dated January O5, 2011 between "the Parties," the South Florida Water Management District (DISTRICT) and City of Delray Beach (RECIPIENT). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the Parties; and WHEREAS, the Parties wish to amend the AGREEMENT in order to revise the Summary Schedule of Tasks and Deliverables, revise the Statement of Work, and decrease the DISTRICT'S total contribution; NOW THEREFORE, the DISTRICT and the RECIPIENT, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. This AMENDMENT NO.O1 shall be effective upon the date of execution by the Parties. 2. The DISTRICT's monetary consideration for the AGREEMENT is hereby decreased by the fixed amount of Fifty Six Thousand One Hundred Dollars and No Cents ($56,100.00) for a total not-to-exceed consideration by the DISTRICT of One Hundred Fifty Four Thousand Eight Hundred Dollars and No Cents ($154,800.00). 3. The Statement of Work, Exhibit "A", is hereby deleted in its entirety and replaced by Exhibit "A1", attached hereto and made a part of this AGREEMENT. Page 1 of 2, Amendment No.01 to Agreement No. 4600002307 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4. The Summary Schedule of Tasks and Deliverables, Exhibit "B", is hereby deleted in its entirety and replaced by Exhibit "B 1 ", attached hereto and made a part of this AGREEMENT. 5. All other terms and conditions of the AGREEMENT, remain unchanged. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO.O1 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Jessica J. Flathmann, Procurement Director SFWMD PROC •,.,ME APPROVED BY. 4 DATE: CITY OF DELRAY BEACH By: Title: Approved as to form and Legal sufficiency: By: City Attorney Page 2 of 2, Amendment No.01 to Agreement No. 4600002307 EXHIBIT "Al" STATEMENT OF WORK Area 11 Reclaimed Water Distribution System (Phase B) City of Delray Beach A. INTRODUCTIONBACKGROUND The City of Delray Beach (City or Recipient) has established new alternative water resource goals in conjunction with renewal of the City's Water Treatment Plant South Florida Water Management District Water Use Permit. Implementation of a reclaimed water system will reduce demands on both the surficial aquifer and on the City's potable water system. The City's reclaimed Water Master Plan completed in November 2003 identifies "Area 11 B" as the fifth phase of City's total reclaimed water system, which will provide up to 0.194 mgd of additional reclaimed water use for this phase. The City plans to implement other phases of the Master Plan on a continual basis over the next 5 years, and the total program will provide up to 5.712 mgd of reclaimed water available for the entire system. The Reclaimed Water Master Plan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant to reduce the demands on the potable water system. B. OBJECTIVES The objective of the project is to implement the fifth phase of the reclaimed water and to promote up to 0.194 mgd of additional reclaimed water use. C. SCOPE OF WORK This project consists of construction of the Area 11 - Phase B reclaimed water transmission and distribution system. The City will construct approximately 640 linear feet of 4-inch main, 4,900 linear feet of 6-inch main, and 2,800 linear feet of 10-inch main, and all associated valves and piping appurtenances, roadway repair and general conditions. D. WORK BREAKDOWN STRUCTURE The work breakdown structure associated with this project is described below. Task 1: Recipient shall submit to the project manager an electronic submittal of final project bid amount and/or vendor estimates for tasks to be completed in FY 11. Due Date: Upon Contract Execution Task 2: Exhibit "C" -Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2010 Page 1 of 2, Exhibit Al to Agreement No. 4600002307-A01 Task 3: Exhibit "C" -Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: March 31, 2011 Task 4: Exhibit "C" -Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 30, 2011 Task 5: Recipient shall construct approximately 2,800 linear feet of 10-inch reclaimed water transmission main and associated valves, piping appurtenances, roadway repair and general conditions/ Reimbursement Request Package Due Date: Upon Task Completion Task 6: Recipient shall construct approximately 6401inear feet of 4-inch main and 4,9001inear feet of 6-inch reclaimed water distribution main and associated valves, piping appurtenances, roadway repair and general conditions/ Reimbursement Request Package. Due Date: Upon Task Completion Task 7: Final Reimbursement Request and Project Summary Report (Exhibit "D"): Recipient shall submit to the project manager the final reimbursement request package and Project Summary Report (Exhibit "D"). Due Date: August 23, 2011 Page 2 of 2, Exhibit A 1 to Agreement No. 4600002307-A01 EXHIBIT "B1" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES Area 11 Reclaimed Water System Expansion (Phase B) City of Delray Beach • The schedule set forth below is from October 1, 2010 to August 31, 201 1. • All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Package(s) in accordance with the schedule set forth below. The Recipient shall submit a reimbursement request upon completion of each Task noted below. If applicable, the Recipient shall submit a final reimbursement request for payment and Exhibit "D" on or before August 23, 2011 for reimbursement, no exceptions. All reimbursement requests shall be accompanied by adequate documentation to demonstrate completion of each Task in accordance with Exhibit "A" the Statement of Work (SOW). • Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the Task(s) is (are) complete per the SOW or that the project is complete per the SOW, copies of vendor invoices, and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit "A" the SOW. • The District shall only be obligated to pay for documented actual FY201 I construction costs within the not-to-exceed amounts specified below. In the event actual construction costs by the Recipient are less than the not-to-exceed amount for a particular Task, the Recipient shall have the right to apply the unexpended balance toward another Task for this project. The Recipient shall provide prior written notice of its decision to exercise this right to the District Project Manager. In no event shall the District's total obligation exceed the amount specified below for this Agreement; however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. • Total payment by the District for all work completed herein shall not exceed the amount of $154,800.00. If the total consideration for this Agreement is subject to multi-year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Page 1 of 2, Exhibit "B 1" to Agreement No. 4600002307-A01 Electronic submittal of final project Upon Contract 1 bid amount and/or vendor estimates for N/A Execution2 N/A tasks to be completed in FYl 1 2 Exhibit "C" -Status Report3 N/A December 31, 2010 N/A 3 Exhibit "C" -Status Report3 N/A March 31, 2011 N/A 4 Exhibit "C" -Status Report3 N/A June 30, 2011 N/A Construct approximately 2,8001inear feet of 10-inch reclaimed water 5 transmission main and associated Upon Task N/A $52,600 valves, piping appurtenances, roadway Completion repair and general conditions / Reimbursement Request Package Construct approximately 640 linear feet of 4-inch and approximately 4,910 linear feet of 6-inch reclaimed water Upon Task 6 distribution main and associated Completion N/A $102,200 valves, piping appurtenances, roadway repair and general conditions / Reimbursement Request Package a) Final Reimbursement Request Package (if applicable) August 23, 2011 7 N/A b) Project Summary Report (Exhibit «D,°) August 23, 2011 To tal District Funding $154,800 Current Fiscal Year Construction Cost $946,735 Total Project Construction Cost $17,415,696 ' If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above. Reimbursement Request Packages must be submitted on or before August 23, 2011 for reimbursement, no exceptions. 2 If construction bids and vendor estimates have not- been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager. 3 Exhibit "C" Status Reports are due within ten (10) business days of the due date. Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager to request one. Page 2 of 2, Exhibit "B 1" to Agreement No. 4600002307-A01 ORIr,INAL ~r-_,_ SOUTH FLORIDA WATER MANAGEMENT DISTRICT ~, _ ` 2010 - 2011 ALTERNATIVE WATER SUPPLY ' ~ ~ FUNDING PROGRAM Recipient: City of Delray Beach A~rct,mcu# N~~i~~~° ~ ~~)7 a Recipient's Project Manager: Richard Hasko r~u~i ` _ ; : ~ ~~ ~~ie: November 10, 20111 Director of Environmental Services ~ :~' ~ ,. o _ - ~~ ` ~~ ~ ~i ant; $210,900~OU ~, ~: Address: 434 South Swinton Avenue :~ ~-- '~~~~ ~: Delray Beach, FL 33444 Car~ract Term: Oc#obex 1, 2~ 10 Au~~ ~ _ ;l, ~ ~ ~' :-y Telephone No: (561} 243-7336 Fax Na: (561) 243-7060 ~°~ mom" ~ - ~~ a ~~_, ,~~~. , SFWMD Project Manager: Stacey Adams ~m~~ ~~~~~~~ Telephone Na.: (561) 682-2577 rer~ce E-mail Address: sadams@sfwmd.gov Fax Na.; (S61} 682-2027 Contract Specialist: Rupei~# Giroux Telephone No.: (561) 682-2532 Fax Na.: (561) 681-6275 Address: 3301 Gun Club Road West Palm Beach, FL 33406 Insurance: Not Applicable Federal Employer Identification Number: 59-600308 Project Title: FY2011 AWS -Project # LEC-109 Description: Area 11 Reclaimed Water Distribution System (Phase B) Agreement No. 4600002307, Page i of 12 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient warrants and represents that it has na obligation or indebtedness that would impair its ability to fulfill the tez•ms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient fiom the District. ARTICLE I --PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform alI work items described in the "Statement of Wark," attached hereto as Exhibit "A", hereinafter refezxed to as the "Project", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Status Report Exhibit D Final Project Summary Report ARTICLE 2 -TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 -COMPENSATION /CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement• Such amount is not to exceed the specif ed amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60%) or more of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.19b1(3)(e), Florida Statutes. For FY11, payment will be made by the District for work authorized and completed between October 1, 2010 and August 31, 2011• The AgE•eer~~ent No. 46©©402307, Page 2 of 12 District will not reimburse the Recipient for FY11 work that commences prior to the start date of the Agreement or for work completed after August 31, 2011. 3.2 The Recipient assumes sale responsibility far all work which is performed pursuant to Exhibit "A". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the wozk performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project District funds shall only be used for the construction activities described in Exhibit "A". 3.4 The Recipient agrees to zeimbuz•se the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. ARTICLE 4 -~ FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the deliverable(s) as described in the "Summary Schedule of Tasks and Deliverables", attached hereto as Exhibit "B". The Recipient shall provide a completed Project Status Report attached hereto as Exhibit "C" within ten (10} business days of the following due dates December 31, 2010, March 31, 2011; and June 30, 2011. In addition, on or before August 23, 2011, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "D" and the Final Reimbursement Request Package. Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoices} shall reference the District's Agreement Number and Purchase Order Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Box 24682 West Palm Beach, FL 33416-4682 The Recipient shall not submit an invoice to any other address at the District. In axdez• to expedite the invoice review and approval process, the Recipient shall also submit a copy of each invoice to the Project Manager. The Recipient's reimbursement request package shall contain the backup documentation required (e.g., the request shall include but is not limited to a copy of Recipient's invoice (include the District's Agreement Number and P.O. number), signed certification letter on Recipient's letterhead (signed by an authorized Ag~•eement No. 460©00230'1, Page 3 of l2 representative of the Recipient), tasks completed per the Agreement (if all tasks finished, a statement indicating that the project is completed per the Agreement) and, vendor invoices/application far payment) for the Project Manager to ascertain that each deliverable in the invoice has been substantially complete. The Recipient shall submit the final reimbursement request and Exhibit "D" on or before August 23, 2011. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: Far projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing prograrrzs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the f nal testing plan where feasible. 2. Submit all pez•tinent well information collected during well construction and testing {i.e., depths, cuttings descriptions, geophysical Lags, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the Distric#. 3. If the final location of the well(s) varies from the original location specified in the Consumptive Use or other permit or permit applications, the Recipient shall provide the Project Manager with written proof that the appropriate permitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson {561) 682-6824, Emil .Richardson~c~sfwzxzd.7ov, far instructions on submitting data. 4.4 The Recipient shall provide to the District regular project status reports (Exhibit "C") quarterly by December 31, 2010; March 31, 2011; and June 30, 2011. Repoz•ts shall provide detail on the progress of the Project; amounts expended to date per task and outline any potential issues affecting Project completion or overall schedule. Exhibit "C" shall be submitted to the District's Project Manager via e-mail within ten (10) business days of the specified due date. In the event actual construction costs are less than the not-ta-exceed amount for a particular task stated in Exhibit "B", the Recipient will have the z•ight to apply the unexpended balance toward another task. The Recipient shall provide prior written notice of its decision to exercise this right. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the not-to-exceed amount to the lower construction cost In no event, shall the District's total obligation exceed the amount specified in Exhibit "B" far this Cooperative Agreement. Agreement No. 4600002307, Page 4 of 12 ARTICLE 5 --CONTRACT MANAGEMENT S.1 The Patties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall eaordinarion and oversight relating to the performance of this Agreement. S.2 A11 notices, demands or other communications regarding this Agreement, other than those set forth in paragraph X1.2 above, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted an the first page of this Agreement by certified mail, retuzn receipt requested. S.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. S.4 All correspondence to the District under this Agreement shall reference the District`s Agreement Number. ARTICLE 6 -- TERMINATION /REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring the Recipient to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an impoz•tant part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement, if the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination far Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part Il of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law andlor equity. 6.2 The District may terminate this Agreement at any time far convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, oz' from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Agreert~ent No. x}600402307, Page 5 of 12 Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient fox all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Pr©jeet Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. b.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to tetxninate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work• ARTICLE 7 -RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain ail financial and non-financial records and repasts directly or indirectly related to the negotiation or performance of this Agreeme~it, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection far a period of five (5) years from completing perfor•rnance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Le ag 1 Disputes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the fnal disposition of the legal dispute. All such retards shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. Agreement No. 4b00002307, Page G of 12 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows; A, The Recipient shall maintain all financiallnon-financial records through: (1) Identification of the state ar federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable {3} Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the District, as completed per fiscal year B, Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the Recipient's financial and non- financial retards to the extent necessary to monitor the Recipient's use of state ar federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 -STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. $.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit far claims under state law and in the Southern District of Florida far any claims, which are justifiable in federal court. $.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, Agreement No. 46000fl2307, Page 7 of 12 the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely mannez•, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from pa~~ieipation in, denied the benefits of, or is othettivise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2011 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adapted rate structure on or before August 31, 2011, 8.9 Recipient of funds for a reuse project shall provide a status report by August 31, 2011 addressing the following issues: (1) accounting of reclaimed water usage and method used {meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and {4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20} years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the application water use permit(s). In the event the Project is not operated or completed in accordance with these requirements, the Recipient, if requested by the District, agrees to reimburse the amount of funding the District provided to this project. This amount maybe Agreement No. 4640002307, Page 8 of 12 prorated based on the number of years the completed project is operated using an assumed project life of 20 years. Furthermore, the District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on August 31, 2011. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 31, 2011. ARTICLE 9 --INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statute 768.28, defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and casts, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. Pursuant to section 768.28, Florida Statues, nothing herein shall require the Recipient to be liable for intentional or reckless acts or far actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, nothing contained here shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of Ii.5.768.28. The Recipient further acknowledges that it is solely responsible far ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 -- RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agen# of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other patties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. Agreement No. 4600002307, Page 9 of 12 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary ar otherwise. ARTICLE 11 -- GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character; which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specif es that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: {a) Terms and Conditions outlined in Articles 1-11 {b) Exhibit "A" Statement of Work {c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement maybe amended only with the written approval of the Parties. Agreement No, 4600002307, Page 10 of 12 11.5 This Agreement states that all publicity/public awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do nat suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreemen# shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Agreement No. 4600002307, Page I 1 of 12 IN WITNESS WHEREOF, the Patties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ~~~ ~,~~Gl~p/1~cC~ .~ r ~ ess'1 J. Flathmann, P c ement Director Date' ~' ~f ~ ~ SFWMp Procurement Approved: ~. By~},t~ ~ -ate: / Recipient's Legal By Authorized Of Printed Name: Appravad as to form and legal iciency: ~y: City Attarr~ey Agreement No. 4600002307, Page 12 of 12 EXHIBIT SSAS! STATEMENT OF WORK Area 11 Reclaimed Water Distribution System {Phase B) City of Delray Beach A. INTRODUCTIONBACKGRO UND The City of Delray Beach (City or Recipient) has established new alternative water resource goals in conjunction with renewal of the City's Water Treatment Plant South Florida Water Management District Water Use Permit. Implementation of a reclaimed water system will reduce demands on both the surficial aquifer and on the City's potable water system. The City's reclaimed Water Master Plan completed in November 2003 identifies "Area 11 B" as the fifth phase of City's total reclaimed water system, which will provide up to 0.194 mgd of additional reclaimed water use for this phase. The City plans to implement other phases of the Master Plan on a continual basis over the next S years, and the total program will provide up to 5.712 mgd of reclaimed water available far the entite system, The Reclaimed Water Master flan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant to reduce the demands on the potable water system. B. OBJECTIVES The objective of the project is to implement the fifth phase of the reclaimed water and to promote up to 0,194 mgd of additional reclaimed water use. C. SCOPE OF WORK This project consists of construction of the Area 11 - Phase B reclaimed water transmission and distribution system consisting of approximately 6,500 linear feet of 6-inch main, 750 linear feet of ,10-inch main, 2,050 linear feet of 16-inch piping, and associated valves and piping appurtenances. D. WORK BREAKDOWN STRUCTURE The work breakdown structure associated with this project is described below. Task 1: Recipient shall submit to the project manager an electronic submittal of final project bid amount and/or vendor estimates for tasks to be completed in FYl l . Due Date: Upon Contract Execution Task 2: Exhibit "C" -Status Re ort: Recipient shall submit to the project manager a status repot•t summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2010 Page 1 of 2, exhibit "A" to Agreement Na. ~t600002307 Task 3: Exhibit "C" -Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: March 31, 2011 Task 4: Exhibit "C" -Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 30, 2011 Task 5: Recipient shall construct approximately 750 linear feet of 10-inch reclaimed water transmission main and associated valves, piping appurtenances, roadway repair and general canditionsl Reimbursement Request Package Due Date: Upon Task Completion Task 6: Recipient shall construct approximately 2,050 linear feet of lb-inch reclaimed water transmission main and associated valves, piping appurtenances, roadway repair and general conditions/ Reimbursement Request Package. Due Date: Upon Task Completion Task 7: Recipient shall construct 6,500 linear feet of 6-inch reclaimed water distribution main and associated valves, piping appurtenances, roadway repair and general conditionsf Reimbursement Request Package. Due Date: Upon Task Completion Task $~ Final Reimbursement Request and Protect SummarX Report (Exhibit "D"}; Recipient shall submit to the project manager the fnal reimbursement request package and Project Summary Report (Exhibit "D"). Due Date: August 23, 2011 Page 2 of 2, Exhibit "A" to Agi•eeme3it No. 4600002307 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES Area I 1 Reclaimed Water System Expansion {Phase B) City of Delray Beach • The schedule set forth below is from October 1, 2010 to August 31, 2011. • All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Package{s) in accordance with the schedule set Earth below. The Recipient shall submit a reimbursement request upon completion of each Task noted below. If applicable, the Recipient shall submit a final reimbursement request far payment and Exhibit "D" on or before August 23, 2011 for reimbursement, no exceptions. All reimbursement requests shall be accompanied by adequate documentation to demonstrate completion of each Task in accordance with Exhibit "A" the Statement of Work (SOW). • Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the Task(s) is (are) complete per the SOW or that the project is complete per the SOW, copies of vendor invoices, and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit "A" the SOW. • The District shall only be obligated to pay for documented actual FY2011 construction costs within the not-to-exceed amounts specified below. In the event actual construction casts by the Recipient are less than the not-to-exceed amount for a particular Task, the Recipient shall have the right to apply the unexpended balance toward another Task for this project. The Recipient shall provide prior written notice of its decision to exercise this right to the District Project Manager. In iro evetat shall the District's total obligation exceed the amount specified below for this Agreement; however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. • Total payment by the District for all work completed herein shall not exceed the amount of $210,900.00. If the total consideration for this Agreement is subject to multi-year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Page 1 of 3, exhibit "B" to Agreement No. 46©OOQ2307 - k' _ ' ~ a .~ r Yo t ~ 'r -. _'_ ' Z D D District N ed ' T E ~~ ~_ Dei-~erable(S) ~ it ~re;D}ste atc „~ ate epart l o- xce ~=' _. r - ~ - ~ w. ~'~ ~~,t Electronic submittal of final project Upon Conhact 1 bid amount andlor vendor estimates N1A Executionz NIA for tasks to be completed in FY11 2 Exhibit "C" -Status Report3 NIA December 31, 2010 NIA 3 Exhibit "C" -Status Report3 N/A March 31, 2011 4 Exhibit "C" -Status Report3 NIA June 30, 2011 NfA Construct approximately 7501inear feet of 10-inch reclaimed water transmission main and associated Upon Task S valves, piping appurtenances, Completion NIA $15,000 roadway repair and general conditions /Reimbursement Request Package Construct approximately 2,050 linear feet of 16-inch reclaimed water transmission main and associated Upon Task 6 valves, piping appurtenances, Completion NiA $47,400 roadway repair and general conditions /Reimbursement Request Package Construct 6,5001inear feet of 6-inch reclaimed water distribution main ~ and associated valves, piping Upon Task NfA $145,500 appurtenances, roadway repair and Completion general conditions f Reimbursement Request Package a) Final Reimbursement Request Package (if applicable] AugltSt 23, 2011 g N/A b) Project Summary Report {Exhibit "D") August 23, 2011 Total District Fundin $210,800 Current Fiscal Year Construction Cost $1,290,000 Total Project Construction Cost $17,415,b96 I If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above. Reimbursement Request Packages must be submitted on or before August 23, 2011 for reimbursement, no exceptions. ~ If construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager. s Exhibit "C" Status Repot•ts are due within ten (1 O) business days of the due date. Page 2 oF3, Ext-ibit "]3" to Agreement No. 4600042307 Note: Tf the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager to request one. Page 3 of 3, Exliihit "B" to Agreement No. 4600002307 Exhibit "C" Alternative Water Supply Program Status Report To comply with the AWS Status Report requirements specified in your contract, this form shalt be completed and submitted via a-mail to your South Florida Water Management District project manager. Please attach backup documentation (e.g., pictures, drawings, etc.) that will provide an understanding of project construction to date. Status Report -Quarter Name of Person Completing Farm Contract Number Entity Name: Project Title: Proposal Number 1. Provide a brief description of project status, 2. What is the overall status of your project {check one)? On Schedule _Behind Schedule? Explain why. Do you expect the project to be completed on time? 3. Actual Project Construction Cost Information -- Date Amount Bid Document Final Contract (with Vendor Total Expended to Date Change Order{s) ^ 1 ^ 2 ^ 3 Date: Page 1 of 2, Exhibit "C" to Agreement 400002307 U ~_ L W L L a Q. O aQ ~ ~ ~~ ~ ~ ~ ~ d ~ c L a d' as E O U '~ ro N N Y H ~~~ [9 N r ~~ ~ W ~L ~• ro~ ~ ~z ~~ ~ ~ (.~ .~ . ~ 0 m W F~- Z ~~ Exhibit "D" '1 1 = ` ~ ~ - FY2010-2011 Alternative Water Supply \ • Final Project Summary Report Project Title Entity Project Manager SFWMD Contract /Purchase Order Number Entity Project Owner Describe Project constructed: T e f Alt ti W t Quantity of Water Made Available (MGDj Upon Completion of This Phase Construction Duration yp o erna ve a er Supply Proposed Actual Start Finish Cost fc~r this. Phase (Phstse refers to the curreait FY work Proposed (this F~ Actual {this F~ Total Construction Cost -~ This Phase $ $ 1~Uxidix Breakd~~wY~ fUr this Please District funding this phase $ $ Local funds $ $ Other funding source From: $ $ TOTAL Attach map and photo{s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2010 and August ~1, 2011. To the best of my knowledge, the above information is correct. Chief Financial Officer Project Manager Page 1 of 1, Exhibit "D" to Agreement No. 4600002307 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: Apri126, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MAY 3, 2011 COMMUNITY DEVELOPMENT BLOCK GRANT/HOUSING REHABILITATION CONTRACT AWARDS ITEM BEFORE COMMISSION Approval is requested for two (2) Housing Rehabilitation contracts to be awarded to the lowest responsive bidder in the amount of $58,476.45. Funding for the projects is through the CDBG Housing Rehabilitation grants. BACKGROUND Approval is requested for two (2) Housing Rehabilitation grants to be awarded to the lowest responsive bidder for the following projects: . 1414 NW 2nd Avenue/Citywide Construction Services/$24,412.50=Total Rehab Cost: $24,431.60 . 1417 SW 4th Street/$ Citywide Construction Services/ 33,615.75 =Total Rehab Cost: $34,044.85 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder, plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional cost may be incurred for lead clearance tests. The contingency may be used for change orders and all unused funds will remain with the CDBG Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance with specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. The apparent low bid for 1417 SW 4th Street from KM Construction is considered non-responsive because they failed to submit a bid bond with their bid. FUNDING SOURCE Community Development Block Grant ll$-1963-554-49.19 RECOMMENDATION Staff recommends awarding two (2) Housing Rehabilitation contracts to the lowest responsive bidder, Citywide Construction Services, Inc., in the total amount of $58,476.45. Funding for the projects is through the CDBG Housing Rehabilitation grants. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID/QUOTE #: 08-2011NS APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: DATE OF BID OPENING Tim Singleton 1417 SW 4th Street February 23, 2011 March 21, 2011 GENERAL CONTRACTORS Abisset Corporation. All Phase Roofing &Construction Benchmark Custom Builders Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. Jemstone Construction Group, Inc. KM Construction Inc. MacDonald Construction Company of Palm Beach Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. Sun Band Builders Construction, Inc. In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT 5% Contingency Lead Inspection Lead Clearance Termite Inspection Termite Treatment Recording Fees GRANT CONTRACT AMOUNT FUNDING SOURCE Account # BID AMOUNT BID BOND $32,087.00 yes $44,015.00 no $34,392.50 yes $32,015.00 yes $34,899.00 ves $30,235.20 no Statement of no Bid Statement of no Bid $35,460.00 yes Statement of no Bid $ 33,603.35 Citywide Construction Services, Inc. $ 32,015.00 $ 1,600.75 $ 33,615.75 325.00 85.00 N/A 19.10 34,044.85 Community Development Block Grant (CDBG) 118-1963-554-49.19 COMMENTS: Lowest bidder provided no bid bond, recommend awarding to next responsive bidder, Citywide Construction Services Inc. .~ Q L V •~ ~ d N L ~ W ~ m Z C d d ~ N ~ O t Nj N ~ y ~ N Z C ~ ~ N O (n r IO ~ U N E _ a ~ O H ~ lL ~L W F Q 0 w w F m ~ a ~ w o z F C7 w ~ ~~ ~ Z ._~~~ J G sdJ ~s Za S4 O~J 7 YS~ ~. 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All Phase Roofing & Construction ARZ Builders Benchmark Custom Builders Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. DECON Environmental & Engineering, Inc. Gadsden Property Investment, Inc Jemstone Construction Group, Inc. J&J Construction Corp KM Construction, Inc. MacDonald Construction Company of Palm Beach Rav Graeve & Sons Construction, LLC South Florida Construction Services, Inc. Sun Band Builders Construction, Inc. In-House Estimate: RECOMMENDED CONTRACTOR: BID AMOUNT BID BOND $ 29,980.00 Yes $ 30,230.00 Yes $ 24,130.00 Yes $ 23,250.00 Yes $ 26,388.00 Yes Statement of no bid $ 24,034.00 Yes Statement of no bid Statement of no bid $ 26,365.00 Yes $ 27,020.00 Yes $ 25,093.26 Citywide Construction Services, Inc. BID/CONTRACT AMOUNT : $ 23,250.00 5%Contingency $ 1,162.50 $ 24,412.50 Lead Inspection N/A Lead Clearance N/A Termite Inspection - Termite Treatment N/A Recording Fees 19.10 GRANT CONTRACT AMOUNT 24,431.60 FUNDING SOURCE: Community Development Block Grant (CDBG) Account # 118-1963-554-49.19 COMMENTS: Recommend awarding project to lowest responsive bidder. .N 0 V •~ ~ ~ ~ y~.r ~ ~ O ~, t N O LJJ ~ m Z d d N .f ~ O C N ~ N ~ Z O ~ O N D Z L ~ r W ~ U N ~ _ - W O C7 ~ ^2 Q H 2' ~ w ~ m w ~ w 4 z N p (7 saps ~S' ~'a S Gp~p P/p,/p /JS,Gp~ y JG/ , SOS sGa Go~J 7 J ~'a ~s vaaJ~GpJ mad ~P ag i Of ~f s`JAPG~~O O~JP J ~ 2~G of~~ sG oJ~ a~ JG o~ ZSG of ~~ Go rJ~so ~/ oJp o~p Gpf ~ s p~aJ Gi^ ,J,n o'~sa apJ d, ''sa 6 ~ G ~~a,/GGaO'G a~Gp~6GJ~ Gp `~ of aO G~~G~ J'~`f'G 0 agpp J JOJ Jj~6 \ G~''a,. 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BACKGROUND On February 21, 2010, the City publicized a Request for Qualification (RFQ 08-2010NS) to obtain qualified firms and/or individuals to execute miscellaneous services, including: General Contractor Service Providers for NSP properties, contingent on the same being approved by the Florida Department of Community Affairs, and were subsequently approved by Commission. Project awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost may include lead inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees, if applicable. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the NSP Housing Rehabilitation program. Inspection of work is done by Gil Valdes, Inc. (approved through RFP ll-2010NS at the June 15th Commission meeting), the Department of Community Improvement's Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the City. A contractual agreement is signed by Gil Valdes, Inc. and the contractor with each award. The City remains the agent and this office and housing inspector monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and City representative's signature ensuring all City approved Policies and Procedures have been adhered to. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations prior to resale. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded on a rotating basis to the approved contractors, as a result of a formal bid process. The following housing rehabilitation projects are to be awarded to the selected general contractor: Pro ert Address Contractor Rehabilitation Cost 125 NW 12th All Phase Roofing & $ 27,120.45 Avenue Construction, Inc. 2216 NE 3rd CJ Contracting, LLC. $ 34,431.60 Avenue 1505 SW 3rd Haywood Construction $ 43,097.25 Court FUNDING SOURCE Neighborhood Stabilization Program 118-1935-554-62.12 RECOMMENDATION Staff is recommending approval for three (3) Housing Rehabilitation projects to be awarded to selected general contractors prequalified per RFQ 08-2010NS and RFP 08-2010NS (A) for the total amount of $104,649.30. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 11-2011 NS PROJECT ADDRESS: 125 NW 12th Avenue DATE OF BID LETTERS: March 28, 2011 DATE OF BID OPENING: April 18, 2011 GENERAL CONTRACTORS All Phase Roofing & Construction, Inc All Site Construction C J Contracting, LLC Florida Community Development Services, Inc. Haywood Construction J M W Construction Corp. SW Marlow General Contractors In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT Contingency: 5% BID AMOUNT 27,456.13 BID BOND All Phase Roofing & Contructions, Inc. $25,829.00 1,291.45 $27,120.45 FUNDING SOURCE: DCA-Neighborhood Stabilization Program Account # 118-1935-554-62.12 COMMENTS: Staff recommends project to be awarded to the lowest responsive bidder. Revised 12/7/10 FFM c 0 .y .~ d V .~ N O O t O t a~ .~ Z A N d A .y W ~_ m Z O N d E z m 0 U N Q O O o U U c U `~ U C J O J U U C O ~~ O O U ~ ? 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W i - ~ ~ L ~ N "__' L .--. t O ln c6 ~ ~ O N Y ~ O U E V E W ~ O N O O O U U Y ~ N C ~ p Q O °'3 ~ (L6 J J N U `O "O p _ _ (n O C O J ~ .O ~ U ~ U N `p - LO ' U N "6 .~ C (6 O O U ~ .~ (n ~ ~ y 0 ~ (n ._ - V ~ ~ O O Q L .O L L N ~ ~ 0 ~ Z X N ~ U N X ~ Q N ~ C6 ~ N ~ N 0 0 7 W Z = U Q ~ W ~ w O [0 [0 U d c ~ Y ~ m L L ~ ~ Q ~ ~ ~ ~ Q o ~ ~ ~ ~ ~ a ~° ~° a a a a _ ~ O C C O O C C C C O C C C C O N ~ ~ N N N N ~ = d ~ ~ ~ d ~ ~ ~ ~ ~ ~ N M V ~fJ CO I~ W O O ~ N M V ~fJ CO I~ ~ W O ~ O N ~ N N N M N V N ~fJ N CO N I~ N W N O N O M CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 11-2011 NS PROJECT ADDRESS: 2216 NE 3rd Avenue DATE OF BID LETTERS: March 28, 2011 DATE OF BID OPENING: April 18, 2011 GENERAL CONTRACTORS All Phase Roofing & Construction, Inc All Site Construction C J Contracting, LLC Florida Community Development Services, Inc. Haywood Construction J M W Construction Corp. SW Marlow General Contractors In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT Contingency: 5% BID AMOUNT 29,822.27 BID BOND C J Contracting, LLC $32,792.00 1,639.60 $34,431.60 FUNDING SOURCE: DCA-Neighborhood Stabilization Program Account # 118-1935-554-62.12 COMMENTS: Staff recommands that project be awarded to the lowest responsive bidder Revised 12/7/10 FFM c 0 .y .~ d V .~ N O O t O t a~ .~ Z A N d A .y W ~_ m Z 0 N E Z m 0 U i N Q O O o U U c U `~ U C J O J U U C O ~~ O O U ~ ? O ~ ~ O ~ O ~ U Q L O U N ~ O O ~ m Q ~ ~ ~ O ~ O N M N O N ~ p W ~ 2 Z ~ c ~ o L ~ - U N ~ Q W Z O W Q 0 H Z ~yj W ~ N ~ H ~ d. Z Q O ~ ~ m m O 0 ~fJ I~ 07 O 0 ~fJ ~ O 0 O O V O 0 O_ M O 0 0 ~ 07 O 0 0 0 ~fJ O 0 0 0 ~fJ O 0 0 0 O O 0 0 0 ~fJ O 0 0 0 CO O 0 0 0 N O 0 0 ~ V O 0 0 O I~ O 0 0 O N O 0 ~fJ N W O 0 O ~fJ ~ O 0 O ~fJ ~ O 0 ~fJ N M O 0 O O ~ O 0 O O ~ O 0 O O ~ O 0 ~fJ N O O 0 O O O O 0 O O ~ ~ o 0 ~fJ M N N e» cn e» cn e» V cn M e» N cn e» cn e» cn M e» ~ cn e» cn e» cn e» cn M e» cn V e» N cn e» cn e» cn e» cn CO M e» e» 0 0 O O CO 0 0 N M 0 0 O ~fJ ~fJ 0 0 O ~fJ N 0 0 O O CO ~ 0 0 O O O I~ 0 0 O O CO N 0 0 O ~fJ I~ 0 0 O 07 M 0 0 O O ~ N 0 0 O M N 0 0 O O V 0 0 O O ~ M 0 0 O O ~ 0 0 O N M 0 0 O ~fJ V 0 0 O 0 M 0 0 O 0 M 0 0 O ~ N 0 0 O ~ N 0 0 O 0 O 0 0 O ~fJ CO 0 0 O ~fJ 07 ~fJ 0 0 O O ~ N ~ 0 0 N 07 I~ N M O O ~fJ N O O V M O O O ~fJ O O ~fJ ~fJ O O O O O O O 07 O O ~fJ N O O O_ O O O ~fJ O O ~fJ CO O O O CO O O O 07 O O O O O O ~fJ ~fJ O O ~fJ I~ O O ~fJ W O O ~fJ V O O O O O O O 07 O O O 07 O O O_ O O ~fJ I~ O O O ~ O O O O ~ O O 07 W CO _ ~s ~s N _ ~s ~fJ ~s ~fJ ~ ~s CO CO ~s CO ~ ~s 07 ~s CO ~s M M ~s N ~s M ~s V N ~s I~ ~s M ~s ~fJ ~s CO ~s N ~s N ~s N ~s N N ~s 07 ~s M CO ~s ~ ~ ~s ~s ~s ~s ~s ~s ~s N M ~s O 0 O O ~fJ O 0 ~fJ I~ O 0 O O ~_ ~fJ O O M O 0 O O ~fJ O 0 O O V O ~fJ O O CO O O O O N ~fJ ~ O O M O 0 O O O O 0 O O V O 0 O V N O I~ O O ~fJ ~fJ X O ~fJ M O 0 O O CO O 0 O O CO O 0 O M N O 0 O ~fJ M 0 ~fJ I~ N 0 O ~ M O 0 O O I~ O 0 O ~ ~ O 0 O O ~ O 0 O O W ~ I~ N N N W e» cn e» cn ~ e» ~fJ cn N e» cn e» V cn e» cn N e» cn e» cn e» cn e» cn e» cn M e» ~ cn e» 07 N cn O O_ H N C N ~ cn O 7 O N O V ~ ~ X X .U ~ ~ U ~ a~ ~ ~ ~ ii O W _ L O ~ E O c6 U S E C ~ ~ L In U ~ U > N O C V L (n ~ O N N X 7 O_ ~ N U .~ L (6 ~ 0 (6 > ' .0 N L U ~ N ~ (6 ~ X ~ U ~ ~ 0 U ._ Q U Z U W Z ~ = d In U ~ C d c ~ Y ~ ~ O W O _ W Q Q ~ ~ ~6 ~6 ~ (6 ~ Q Q ~ ~ ~ ~ Q ~ ~ ~ U Q ~ ~ Q U p ~6 ~6 ~ = C C = C C C C ~ ~ C C Z ~ C C ~ ~ C C ( d ~ ~ ~ ~ N M V ~fJ CO I~ W O O ~ N M V ~fJ CO I~ W O ~ O N ~ N N N M N V N ~fJ N CO N I~ N W N O N O M CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 11-2011NS PROJECT ADDRESS: 1505 SW 3rd Court DATE OF BID LETTERS: March 28, 2011 DATE OF BID OPENING: April 18, 2011 GENERAL CONTRACTORS All Phase Roofing & Construction, Inc All Site Construction C J Contracting, LLC Florida Community Development Services, Inc. Haywood Construction J M W Construction Corp. SW Marlow General Contractors In-House Estimate: RECOMMENDED CONTRACTOR: BID/CONTRACT AMOUNT Contingency: 5% BID AMOUNT $46,586.60 BID BOND Haywood Construction $41,045.00 2,052.25 $43,097.25 FUNDING SOURCE: DCA-Neighborhood Stabilization Program Account # 118-1935-554-62.12 COMMENTS: Staff recommends project to be awarded to the lowest responsive bidder. Revised 12/7/10 FFM c 0 .y .~ d V .~ N O O t O t a~ .~ Z A N A .y W ~_ m Z O N d n E Z m 0 U i N Q O O o U U c ~I.s OI U O ~ N ~ 2 O U c U `~ U C J O J U U C O ~~ O O U ~ ? O ~ ~ O ~ O ~ U Q U ~ O m O U ~ -O _ O ~ O ~ c6 M N O ~ N O D ~ ~ 2 ~ ~ O O ~ L i ~ _ U ~ ~ Q W Z O w a H Z ~yj W ~ N ~ H ~ d. Z Q O ~ ~ m m O O o N I~ O O ~ I~ ~ O O o ~ ~ O O ~ ~ ~ O O o O ~ O O ~ ~ W O O o O ~ O O o ~ O O O o O ~_ O O o ~ O O O o O N O O 0 O N O O 0 ~ N O O 0 ~ ~ O O 0 O N O O 0 O ~ O O 0 O ~ O O 0 ~ W O O ~ N W O O 0 O ~_ O O 0 ~ O O O 0 ~ W O O 0 0 O O O 0 0 ~ O O 0 0 V O O 0 0 ~fJ O O 0 0 ~fJ O O 0 0 ~fJ O O 0 0 O O O 0 0 ~fJ ~ o o 0 ~ 07 e» cn ~fJ e» cn M e» cn N e» cn e» cn N e» ~ cn e» cn e» N cn M e» cn e» cn e» cn N e» V cn e» cn N e» cn V e» N cn e» O cn e» 0 0 0 O 0 0 0 O 0 0 0 O 0 0 0 O 0 0 0 O 0 0 0 ~fJ 0 0 0 O 0 0 0 O 0 0 0 ~fJ 0 0 0 ~fJ 0 0 0 O 0 0 0 O 0 0 0 O 0 0 0 O 0 0 Sri N 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~fJ 0 0 0 O 0 0 0 O 0 0 0 O 0 0 0 O 0 0 0 N 0 0 Sri V V ~ I~ O W ~ O M V N ~fJ CO N V ~ N ~fJ CO V I~ V ~fJ ~fJ ~fJ N O N CO N ~fJ O e» ~ cn N e» cn N e» cn N e» cn e» cn V e» cn e» cn e» N cn M e» ~ cn e» cn e» cn ~ e» N cn e» cn e» cn V e» cn e» V cn e» 0 0 0 V CO 0 0 0 O N 0 0 0 O O 0 0 0 O ~fJ 0 0 0 O M 0 0 0 ~fJ N 0 0 0 O O 0 0 0 O O 0 0 0 CO CO 0 0 0 O ~ 0 0 0 O CO 0 0 0 ~fJ I~ 0 0 Sri I~ ~ 0 0 o~ O O 0 0 0 O ~ 0 0 0 O V 0 0 0 O N 0 0 0 ~ ~fJ 0 0 0 W M 0 0 0 ~ V 0 0 0~ O CO 0 0 o ~ V 0 0 0 O CO 0 0 0 O ~fJ 0 0 0 V ~ 0 0 0 N 0 0 0 O N_ 0 0 0 O CO 0 0 0 O ~ 0 0 0 ~fJ CO 0 0 o N 0 0 ri N 07 ~ CO N ~fJ ~ N M N ~ CO ~ V V O O 0 07 O O 0 O O O 0 O O O 0 ~fJ O O 0 O O O 0 ~fJ O O 0 CO O O 0 O O O ~fJ I~ O O O O O O O O O O O O O O O V O O O O O O O ~fJ O O O O O O O O O O O CO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M O O O CO O O O O O O ~fJ M O O O N O O O 07 CO N ~ ~ N O O ~fJ O ~fJ ~ O ~fJ I~ ~ O V CO ~fJ ~ N M I~ W N N _ ~s ~ ~s I~ ~s ~s ~s ~s V ~s ~ ~s ~ ~s N ~s ~fJ ~s ~ ~s ~s ~s ~s N ~s N ~s CO ~s ~s ~s ~s ~s M ~s N ~s ~s ~s ~s ~s I~ ~s ~ ~s ~s ~s 0 0 CO CO M 0 0 O O ~ 0 0 O O CO 0 0 N M ~fJ 0 0 O 0 ~fJ 0 0 O 0 N 0 0 O 0 CO 0 0 O 0 07 0 ~fJ N CO ~fJ 0 O O ~fJ ~ ~fJ N 07 07 07 ~fJ CO 07 07 CO O O O O CO O O O O M O O O ~fJ ~ O O O O CO O O O O ~fJ O O O O M O O O O CO O O O O CO O O O ~fJ V O O O 0 CO O O O 0 O O O O 0 M O O O 0 N O O O 0 M O O O 0 N O O O 0 CO O O O 0 CO O O O 0 CO O O ~fJ I~ O CO CO W ~fJ e» ~ cn CO e» cn N e» cn CO e» cn e» cn M e» cn e» cn e» cn N e» N cn e» cn e» cn N e» ~ cn e» cn e» cn ~fJ e» ~ cn e» CO V cn U ~ O O ~ O O (6 O 2 N O ~ N N co • U c a~ ~ ~ • ~ ~ ~ N cn a a ~ o ~ c a~ ~ -°p ~ a~ x X ,~ c O LL 3 O O k O ~ U i L U 'O O O S L ~ Y U Y o ~ i i2 "_' LL L O `~ ' O 'O U O_ O O O N O- O Y C ~ L "-' L ~ W ~ O D O •>- > O "_' ~ U O ~ p O ~ N ~ p W U ~ O Y .~ (n ~ N N ~ (n .- J '- ~ N -C c6 ~ O U W , D U .V D A N U ~ ~ 2 ~ J c6 U O N _ ~ O O .~ U (6 O p p 'O C ~ N 'O O N C6 N p E N 0 •- N C •~ U O '- C O N O N L .~ O ~ ~ O L E O O O - ' U ~ ~ N L ~ In O X O_ y ~ N U (6 LL _ d ~ (6 N N ~ ~ N N O_ '~ ~ D U ~ - p O (6 c6 In O O X N N N Q U O (6 Z N U W E _ - d O = N > m . m m U U O - (6 J ~ O c Y H ~ ~ O U ~ W O _ w Q ~ (6 (6 (6 O N ~ Q Q Q O p 6 - 6 O ~ J Q O_ .-, C ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c c c ~ N c c c c c c c c c ~ ~ c c c c ~ c c c ~ c c p O ~ - - - d ~ ln - - - - - - - - - ~ ~ - - - - ~ - - - ~ ~ - - _ ~ ~ N M V ~fJ CO I~ W O O ~ N M V ~fJ CO I~ W O ~ O N ~ N N N M N V N ~fJ N CO N I~ N W N O N O M S M MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri127, 2011 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MAY 3, 2011 ADOPTION OF DELRAY BEACH PEDESTRIAN/BICYCLE TASK TEAM FINAL REPORT ITEM BEFORE COMMISSION This item is before the Commission to formally adopt the Delray Beach Pedestrian/Bicycle Task Team Final Report. BACKGROUND In May 2003 the Commission appointed PedestrianBicycle Task Team completed its final report. This report is used by staff when proposing pedestrian and bicycle lane projects that are to be included in the annual CIP. This report was also used to secure a grant to construct bike lanes along Homewood Blvd. Over the past several years attempts to secure additional bike lane construction grants have been unsuccessful In reviewing the reasons why these grant submittals have not be successful one common theme that reoccurs is the fact that the City of Delray Beach does not have an "adopted" pedestrian/bicycle plan. The next grant application submittal date for a similar bicycle lane grant is May 5, 2011 and staff would like to include in this grant submittal that the City of Delray Beach does in fact have an "adopted" Pedestrian/Bicycle Plan. Therefore, staff is requesting formal adoption of the Delray Beach Pedestrian/Bicycle Task Team Final Report. A copy of the Delray Beach Pedestrian/Bicycle Task Team Final Report is attached. RECOMMENDATION Staff recommends adoption of the Delray Beach Pedestrian/Bicycle Task Team Final Report. ~~I~ ~~~~;~~ ~ ~ P .. ..m,,... _.__.. n.~ .... .~An ~e..,. e~~.,.._, R~ f Y ~_ i~ __ A~ v _ ! 11 ~o-~ ~~~ ~~i a o ., .~ ~ _ ~~a®m. ~~m®e~.w~~~®.w~~~ ~A.~~~a~m~.~~~m®A~~~~~n®®a.~~~~~m~.~~~~w~~~~®®.~~~®gy~~~~~~,. ,, , . , ~'d~l ~iVU6'' :~.< <i~~~~f ~ .~~~~a4~.~~~.Qa.«~~~~m,~~~m~.~~~.a.~o.~~~«.~a~.~~.~~~~~~~.~~~a,.~~.®w~A~~~~~®.a.~«~~®~a ~ A{ i~a ~;v~ ~ r~~n,+l jr wr~r~P"~~~~a BEI< r~ ~I' ~~1M ~~V~~7;YP1"'N~ a ~ ~ t i11rJ~ ]I~ ~ IC~r"NS ~ ~~d'~ ~"~~C X ~~N V!~"p!~ LL ~'®a.WMpip..w~.waupaw.Wma,mm p0eiem,du~u,a~m®rvam.aaa®i.®nre wm. ~6aiM.s®e.up Miamremrw. dpdm. oi®m Wgpip~s ®. m.Mp~..m ~~"l~~v~ ~'~^~. ....i ui ~,nieicn W.pdM. wie m. iuu d!p.iao®,wm~Y.amreieim pd pix®ewmYUMMeaeemF Riwwrei®ea nqi Nye ~e~nm W.ppeimow Midm. ~6®wmwmum ~...... ~e ~C:O~ '$"w Li~'^M~1~ YaYMmw,®mN MWaeeniua~Wwmre aem.wwd4'Cbm®w WpN~q ~.u, xia q. A4.pmnawiW iwmias®p. lpmewe " ~ '• ~ ~If a®q. 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Noadways art rv~ded enough thrru#~~ut the y~e~,r without the add#ti~na# tr f hig#~ season. Se~~n# end yr-round residents ire ~utlyin n#gh~#as~nc~rd ire rir~cin ritio~l safety issues vvaii~ing, ~y#ing, err rirtving tea ohs# er, p# c~~ r~rhi~m and h~pib-rg areas. Transpc~rkti~n sty#isti i!nd#ee en urgent need tc~ #rr~r~rve ef; d~arntt~v~ n Brea tr om trtlyin neighf~orl7c~c~d, end tc~ urraunding Fie#rn Leh ~+~unt r~r~rrnunit#e ter edetrin, end ;~ciist whip reducing tre1# ngeti~rn. The pedestrian end y##~ cash end tt#ity rete in feNre beech ire eN~rmring. (~he F~Lcestrien and ~Neycle Ts Turn recc~rrtrZ~ends tt~e pity ~ frnrrediet acfiar~ to iaci#iiate ~iternete trenspart,tican r~rdes fdr ri'dnis and visitors to preserve the "~~i#irge y the aa" charm end prvic#~ fe, en~cryeN~le trevel to tae yr#eus ttracfic~ns end ne#gt~t?orhoods ~~+ithin Delray ~,~. 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Tf"Nr~a~~8~ f~d~r~l, ~tc~ .-,rE~~ fariwt~ rrrot~, tl~r r r~r~ilii~~ ~t d~+ll~a.ro° "~ulai~~I r~uro'a~roNiw~. Thy T"~,`,p+~~irr~n f~-~i~:ii~~;p *~~uf~.t ~~ "~1 ~, ~r~~r~' ~';., _.;:: ~lw~r~ Be~~N°r ~a~r~t € trc~{~olitas~ i~f'~r~ro'~iro°r ~rc~rri; tirn (fail+~., viavrt% T~-'R grtgc~~ra ire t€~ Apr°irr ~f I~ ~r. lrr ~1U3, ~. rxrilliN~ irr r„n~fgrr~ ~~ v~il~i fear tq~~, f~_;~.:,i r ic~r d~iri~ar~, ~i~}r~q~ rid r~r~rra,~r iaw°~jro~f ir~r P~I~ ~! L3~,~~~f"a ~~aar~ty. t timroi~ tgm~Ae, tl ~,.s d ~rrr~ir~rarr r°r~t a,~t~d ~avdiial~ t~s r~ r~r~wun~i~i,lif~+ is C~~,Qt7~J.. i¢ai ~ s'~lr~r c~ i~Jz:~~° ~;E`~~~ ~dr~i ~~'~~lr'G;.rr~ ro~rr~~ard ~c"7Nr"rti ka f~C)T rl,~ ti~rro ~r~i~~E-rsity f ~diclyd~, faro~~l~ ~rro~ ~.~~ail~rl->I~~ t~ ~d~n~~t% t~ro;k~er~~ rrod ro~c~r°r~rr~arrrgty! trdri~r tea ro~r~~ ~~~~ ir~tra~tcrr~ fc~r rd i-~ rr~" driver ~dutiro~r~ ~tr~rdrrt. Tf~ car°rrat r¢~c~rr~ c~c~rdirrta~e i fit F~iro~rtti I~ ro~r~ ra~F~r~d t ~~f~~ ~f1'- 9~. ,i~s~r~,-~;r~d f='~ [ik lro~rid, ti~rs~ tar~lrlt , ~~~~ fur~rroi~:,d ti~raa.rc~~u tl~~ Iron cif "'",~ir.~r~ tt-rror. Fir~_~~i' I, ~~rr~ ~}C~tew~, ~cr rr~ fr~ro~V y~5a~a~ t~ ~,ti~l~ ~lr~rir_~rll;t, ~rro~t rro~ ~.~ai9~~i"?t,, f;~r ~rt_~!lfi rotirro`ret ciiVtri}J+r~,~~r~ praa~rr~s„ k~~r~~~ar~~, re~fl~~t~rr°~„ t~ril r~r~~~l,,~, ~:ir ~ rir~'rr~~aV~~ ~~~I:c~~ r~~rm~~ 'i~riro~ ~r'~€~r~~r~~r~ '~ T'r~il aro~~rwri~a,i M„€~ ~~rocnu"roa ~a~r~~roar~d ~ the ~Iro~rid ~7~I,,rtn~ro~r~t cat En~~-~rr,r~merrtl ra~tro~ctic~N~r, C~ffroc~% r~i ~rc~x~~r~a~w~~w~ ar~d Tr~oi„ tl~i~ pr°~~r~r~ i~ c~r~~~i~,,~r~ro~pt ~f N~ar~i;~i ~ i t~revr, fi'ro~ ~ro.ro~~:c~r~ t~ ~'t~; ~ ~~.~~~~ti~r~ ~Ct~. TPA ~N°ero~ ~rrod Tr~ril ~~~anri~i~irr ~'rarm ro'~~ t,i,:~{fir ~.~ pr~rc~r~r~t ~f turn: ~i~ar°id~a f c,r~~vro~r ro~r~ro~;q ditr°ik~r,~trr~r7„ tad cr~rr~rro~rro.aro~iti r°a Pq tirrr the ~~~M:~r~.rorro try ro~a_:r~i~ fur~rdir'M try ~~:,c;rrir+_ Ir~d fir r~r~y rid triq»~ i~rrnaj~rt. Fir r~r~rc ir~ft~o r~r~~ti~}n, ~r~tc:t irrd~r ~dfr~r'd' ref tf,;_ Fl.~rid~. C~rWirtra`r~N~rt raf ~r"rviro°e~r~rn°rer~rtl f~r~tr~ctirr, t~ffirw~ ~!f rer~~v~~r rid Tr~iq >~ (t3~? i ~- r t~~ . iro~~urid, am°~~r~raii ~"rt ~~ ~r"~~lyd~ i~ ir~ridr~ ~prtrro~t of +~aN'~imrrrrit ffir„ ti~~ FAT hri i~l c~~;~~ ~~~rair~'~rrltrl rrr~~rlmer~t thrrir~ ~rra,rr«q~r~rsiv Irr thrr~r,h tl-r~ quiitir«rr~r ref irrd„ rrtiliziro~~ ~lrfr~-i~ ~r("m ti,{ t~t~ f'r, ~,c.r~~, }.tic~ro~r ~b rot rah Flc~~ ir~i,-r dos F~,,,~ ~_ Apt. Ti~rr~ T differ., ~ro~~r~rt ~wfi~rero°° 1~,~ }~ ~i~_~i~i~-~r~ ~r~ro~r~rro~r ~:~=; it f~~~a ~gar,cviy ~r~u Ir~lh~ .,{Jlrr~td aq~roisitirro~r r°~>jr~~ t~. ~w"N ,,r, tip, r~rrt~a rrr~i~r :~ r.~~r~t~ to Ir~l c~v~~rrrnr~r~i.~ ~~ F~ri~~ them t~ar~` r/r~stl, , ~:}r~rrvti~aN~, rrcr°e~tir~r~u, rn~a~~,s%,~ .~rr{_t cal-~t-~n °~~ Im~d. T ~t~:~(~ f~ r~~~i~~~ tr~~i~rroirosl ~wtr~cr~ irwldiro~r~ it~r~c~.~ ~,,wrtir car;:,r'~r: [~ii~ticrd~r„ rrrna tl~ r~~~"~ii~tit,~rd rrod ~raiiti~rr ~f Ir~d. ii ~:""~r~~s"~ ~"t~~.,,~'~'r,~Wr?E~rQ"~~~3@~~~ c!" I !~"~~nE'~:'~ ~'r"n~a,"~~u`Vi ;~~~~n:a~ro-~d ,,, the ~le~rid ~~_~,~ar!„~r.r~~~ t~f I~rw..~r~rn~=s~t~a-C ~r~~~~~~tic~r~ (E~~~~, ri~risro~~r~~ of Lt~~~~~~y~ ~ati~:rr~ ~.a ~~ I l-~;,r ~ ;, B, rr ~:au rwrf t~rrrcdrr .rr~, t l~i~:~rtir~n ~ri~E_~s, it ~i i r~r~rtitiv r~r°~l.rr~ ti"rat i~rcr~.~i :}-::~ , {ojrtt~a f~aro~ ~ryu!iitiiar~r aa~ ti,r.:;,-.la}-~r~~a~r~f ref i ~rd ic~r faa.ri~li~_ aatd~c~r~ rrar~r~~~ti -gin ~,~~. ~f i~ faE~~~,~~rrro i~ ~.rarrrgrlitcrd icy ~'~ ar~r_I fr.rond m~~ k~ a.r,,~;,i t~, ~r~ ~iaiirrs ~r d~vr*l ,I~ I<:rird f+~r i~r-rf~li~: ~r~~tcit:,~~r rc~rtir~r ~r° t~ ~r~trc.ro~t r ac~~vt~~, r'~_~r~~tit~a~r'~~I 1~ ailw,. ~f'~~.~ur~iiN u~ aroro~ty~ vr~~r~~;rrt, c~r° c~t~i~7~r is=rll~y ~;r~totk~t~d ~.:~r~iit~ :~~ ~~~riki~ tk~ I~~;~~i rp~~ro~~ik~~lit~ tai ~r~a^vidr pul~~lic r~r~tdrar~r° rr;r ,tir~r~, r~,^~ alp}_,l~i f~ar° fr~rrd~. Tip ~~ _~r,t ~~~f~li~.;~~a~i~:~r~ ~a~a~f~r~r"pi~ic~ro~, i~riad i ro.ror,rolly ~~rl fqn +~f rwr ~~~,,r. Ti~rW ~I~i-~lic.~i~t i r~rorrir~d to r.rl rr~~-~tq"ro t rtirr fr~r7dirr iv~i rrd tip I~cl m~t~ rr~-~u~i~ro°rr~r~t o~, i~ad arrrirn the tr~tq faro°~aj~a east. ~~ ~i.o„~, ~~~. ;~~~: i, ~:.,,, ~;~:i;i,~ ~~~ ~~ ~~' ~ii ~;~!~ i~ N_l I ~"~,~ X11 ~' ~~ ~t ~' ~'' w~ ~~ u -ir 4.-~ ~I i_I1;ili {! li III, ;"1 i'I,'IC' /~( _ n j , <<~.- iii ~ --~..y ~ C":~sic9~~r,i ,~ rc-cr~.i: ~=a'~aJfi~e4 1I II ~ l ~ ._ _.._ ._ ~ ~ u~~ 7 ~ ,t~1 g_ _~.~iu7i xr ...... ... ..... . .. _....... .. ..... ... _ ~~ COSt~f, p ~ S~l, ;i~ ~s~ IM.~' 'I ~ ~.~ rC.~i. ~l ~~~ p y~ i f it c,casR~rn4.Vria L~1` r~~ lli! ~7rr~ y C.., ~p y .~@ d. N9 ) X11 ~ y 1 t g 1 .. ~t~(lf ~s~ 1 ~ V 1 ~~"R .~V ~G. f C~~fY~ 1 d~i~) .~...~r~ ~ ~. 47.~ Y ~: U ~~ fEiinrsi_a I~ 1,4144 12,~"~,a 21 ~.~~ 21+> h>di.~nt~ .,_., ~~ _.. _ ~.11~ 1~ ,__ .. t.:~r . ..~ 1_~lrv ry~ f.., IIII.. ~'. ~~~ ~ ('Y; {. C.~. :'~ 11~~ U~ V~. 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T~~_s ~c"~a~ ~;crd'~~~I ~r~~~ ~rl~~ ~i~ ~~ti~,,~ll< L,I+r~J~" ~ [I;~ iN"'oIN~~dl~4 a'~:CA NI"II!,tlO c"~G"NN l~°~I111f1~11 i:~i.li71?~; ~c)N" NfT'f~"°'1"r7".~'t_?N"TNN"1'~~, ~, ~~ }1.PC"~J',+~ ".".'~~i;C: ~;ir1'It.iIN'~~ N~. ~r~k~airN ~~~N r~N~a~NrN~ N~~ie~a ~~cl~~ri;a,,!['„i~:~^N''1~a~~~N 'I~au~ ~aNN~ ~~~~i~aN~;~ f~i° ~l ~N~ F~atltl~iNN r thr x~~Np Il~c~uc~iN~{~ ~7~lotas„ r~~tl end ~rcarcNN~NrN~~~~~l ~~-~ m~:~;~:. i~~s ~ ~r ~a N~~ ~rtr~r~N ,.~r"YC~ ~~(~ ~ritll, ~h tl+vw~N~ ~d ~r~ ~Nr~r rr~~d that fs~lca i~~~'N~!: ~~al.N~h 1 ~`~ ~tr"~..s~~v~s~ e~Na~~rrr~~ a~N,N~~ ~ti"~ ~tr~. ~~ N'crn~lil"rN" a~ ~h u~N~vy t`7~11~,~~~ rr N°~r~NNrr~eN~=~~.:~t~N°t~ r'rN~?y b fi~N.~n ir'~N the d1tl'itl~ ~a~k T~.~.~~o 1V~etirN N`iN~uNat ~p~~er~~ix ~J) e~ir°NN~N~c~ ~Er~::rrl~~aN'~ ~ ~~ ~~Ny ~N~NN~ rrn~d t~ t~ '~~dnk k ~~f~"1 ~r~Nr~Ni~t~. ~~ ~~' ~ ~~ ~; ~~ ~ ~~ w ~~~~ ~~~ '~;;~~a ;E , ;;, •,,; ~ - '~ ~,w; ,; ,, ~~ ~ #~ ~t.~ # ~"~V ~~~ ~~~ ~ ~^ ~ ~ ~~ ~~~ ~ ~~~~ ~~ ~ ~ ~~ ~ ~~~~~~ ~ ~ MM ~' !i" ~, ~~ , 14`~ F r, ~ 4 F ~ ~ ~ f i> ~ t'. fC .~. 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I i,.I N ~~ '~ I ~_ ~_ i II_ ~ I ~i~', I':~l I I i_ I ~ ~~~~ ~ W ~ ,ill ~ ': I.i .-. _~. ~_'i I ~. ~, I ~ II I j ~ ~ 1 ,~ ~ ~ ,~ ~ ~ i ~ ~~ ~ jI ~ ~~ ,~ - .. ~.~~ ~ ~~~ tai ~~~ ~~~ ~' ~~~ ~~~ ~a~~~~ R~~ B'ir~rt~~V r°~~~~~:~:. a a ~ i~:;ru t~ ~E~~a~ ;~ro~~;i~~a _~~_ `i ,; ~~~ ~ •r~.r< :~>;~Y~:: ~~ the m: ~p`~ h ri ;trihr_~t~rk'rc7i- ~it~, ~o:~,€d ~ ~~ ~ ~~'~ ~.!sif ~I~ ; til~~ ~ r:Cl(Cl~, ~~~~~ ` N:C=;, ~fr~lr ~~I1 >>rl~,:~f I~~L_i ~~€fl~~ ~C~_i~'~ C;~n I:1~,_it.d~°i~ C' ~ N70'dti~S ~Yi ~_, ~s~l, IC~~+IF"..Cl. ~~ 1~~~ f~~~~4:J1# G{}f Lf1I5 fll~[:) ~„j +1~~'14:~~a, 5110(1, tIl?Ve? ~Nf~.:~IC,`s~~ Y"~~C;I~ ~'iP~~ oY~(~C.IL .~1C?G1,r"tl~S~~;.`; ire w i~.a~'trv E~i~;vI~g~n~~i~I Tnc; c~si _ ~r oYc.: ~ ~ic'ccts era the ~,r (~ ;~~;;~ees ii~~ yak,, ~~ ~cl~~y pct, ¢~o,~:s r~mt r~inir~. Thy itro ~~I i ~ by idv,~~Y ~r~ at le~~ ~n~ s~cic ~,~ ~ trt. rtir-r th~r~~ h=?r~~r~i give the t gh, t~;~~nrtn"rte to P-r~v~ sl~tev,rslE.s ~r~ bath i~. -M"h"o ;i~ o be~,r~n~i(~ very r~iv~ ifs feC~IJirir~g ci~veloF~ers fo it~stUYI id+~Yk, ~d thp~e,, ~r cat ~d. They r ~avvever, ~e~err-d s~~~f[~r~t~ the re~p~rr~s~i~bilit fear the n:~t~~lf~ti~ca oaf ~~ id~r1~C r~t~a the ~a+w~r of the ~ of}rC~+ t if-~ I~C"n° 'rig ;iir rmt iaV ~.~~ ~~. dfrrY Y ivrr ~: ~~ may be r ~nrhr the it'~r r~ ~drlk; hc~rur thr rya ~~~. ia~re ~n~il~ b the only c~r~ ~ the l,. ~. r~ r %u~ the ~t~r i nit ~tiY~~r tri ~ t Yc~,~w~iks at this ti(~~~ eift~~r ~se~use kl~ ~r~drrt rat rr~t trr"~ ~ ~#~ ~rn~ time, or tt7ere rr~ rr~t tie r°r~h ~i~,~,t..:~.. ~h ~~ ty~~ically cla r~r~t %r~iall sidvvl ire rnt gat rtit rrrti,. Th~ ~hr rti~ar~ ~f the rrot mru~ i err d ~~ till in the acv, r»~ir-pP irr the darr~tc~r~ r. Thy +~~t d r~~ hu tier r~r~~~ i~drlk ~m°rtlltd(~ t~roj~~k„ hr~v~vr they d~ i~t~r rrd ~~~ ads .~. ~ ~"srnt-ti prt art th% r~rrl~ ~ dare in-h~ th~~uh t~t~~i ~;rtar~l~~~~, ~h third map h+rr ~N'Y'~trt iderll~ d,~~rr~. i~ev~J~lk ors wr~tYkd t~rr~~ah dPr, pity ~~ojec~s, ,S~~~rial c~rr~t' r~AV~d„ crud Pad ~ i~eigh~aowMh~rw~d ~r~. urthr' a~i~~-rid-sr~s~f,~er diY+r~ ~r~d' M'r. kith indY~td ir~trsct~~rr r~l~ h rrhd. "N"' ~t~r~td~r~nrr~ rd'trru irwf iYR rd Ir~, r+~r~ ~rmd~td the ~~ar~t r~ir'I>r~~irss %Y~e Y,eC,~ kri~. ~~Ys ~.J~Ji~t~fr~ the ~~t~~. g ~ ~~~ ~ ~ ~I d ~~ 1,=~~~ Eiil'" t~f~~lli,:>>:~ a.~ i`r«' ~ a~litn ~lr,t~nir~r~~ ~rrr~ ra~iit~~~F ~-~~ ~ ~~ ~ ~~, MIS' ~~ 1~.~,~~.d~ l~ri~ ~-;~ '~7~_,r a .~_ ~ I ~ ~. l"~ ~drri~rr ire I ~, ~ ~ ~~r. "` _ ~ asp' = r~~~ x~;r~ ~~rt i r: r~°r~~ ~t~r 6 ~~diY.IP~~ hfc~ ,.~P(,-' C~~=Lr+.eS, ~ ~~3PIE'1~ ~ "pC~ e~~E~l~~,:.i ~~1(e (~7:?"~ ~~~a~e~ erl~ .~F[-iJr rC~~iIIL._ . ~I ~~ c~t~d~t Pa~,~ ane ~'~ tN~~ frt~~ t ro adtinJ~ay rye+~=l~orl. ~~1~~~~ ~~r l~ir~i~E srac~ v, ~.n~iffl ~~++ti~ r~~d "~~m~ pc~l ~~ ~ri.~,~ ~~, ~ lilt !.; ce€~fa~,~ly ~~a,r ~~c~~i~rr'r.~ ~~a~r ~~~~-5i'rlar~S or ~ic~~clists- ttrwtic~rr i n~r~r t~~'r~ir~c~ tea Itrr~~tive it ar7s~~a~~.~,'~ieu~ i,r~a~~~ tl~~e « r~tr ~t~u~l~~~ l,n~ for ~~~r~ia~, ~ ~a ft;cilities f~a° krlg~cC~i~ts. ~irrl~ p~l~rrr~i~r i~~ ~ q~sti~r~ ~~>+~=~'l~er; ~~.~hle =ire, ~~ th lei r~ ~,~i~~~~ t~~~ ~,rt ter g~. Irr~ ~lr~rrir~ fray ~~striar~s Elr~ his;~clit~^„ ~.# ~e ~~~~~ i ~~ I~~ ~~~ 9iaLfte~ a'~ ~~~~~ ~a~i "~~ ~~~i~. l~ ~JIr`~y 13~a~cF~ rtlis ~,vrarrld ~ar~~s I~~~ t~l~ d~~teti~ r, the C~~~~cl~, rr~~a~ l'rt~~:?ping ~;~#r,, rr rrr~j~r~ +~vor ~< center.. fir. I`'~milPi ~t tha~ rirariti fear L elrsy ~tMI~: °~. Thy mcrt fi~l kril ~~ i ~1~ cc~l +~ ~ e~j tl~ t;hr. ~. ~tti ~rer~rl 1~. ~1~ ~, ~ rms avac tt-r i~trcQast~i, linh~~~ ~~ a~ i~ ~ [~orf)r c~ur~~t,~ (tt~r~;ie is little rr s~ac~~ yin tl~ ~~tr unt;~} and ~:nai ric~l"rt-- r, Tl~e r7ra or canal Y J district is l~,rnan~ rl~ _ _ _ ~~ r ~I rl ~~~` r~oE ae ~asecl f~~ ~~estrr~r~s„ k~rcyc~l~sts ~r E~~~~rra f~~li~t~ie~. ~lrer~ i~ rr ter har~rc~e itre n~i~~ei~ tar' tt~re5e ia"rdivie~~_ral~. ~. ~t~ l~ ~~rn~laer trf ^~rtil na~ltrlutl~ ," ,s~ '~ ~, r~c~ r~njtrr r~~~cl~.,,,a;,s tra u~~a t~ritt ~attrrr. Thy its i to f~ave evtr [ir~ ~ ~~tr mr tl~rt ttrr ~~: ~"iva ,a~il~;s c,~Jvay, n~~r rrr~ mcrr tl~rr l~ ttr i±~rnt mirrt~ ~trm, mjtrr r~-truniy t~il<evva,~ ~z~ili%y,. "Ti"ar~r tic faciliti~~ ~ tai gat, gilt In r~ -qtr t~Nk ~ try multi-~~ hatt~s. fi+~~r~ im~a~ar~rt types tat' bicvcl~r~c~ are carram~t~r° ~icy~li~ ur~+l~r p~l~ try ,i}~ bit<1 erra m~~~ ~ ~ car ~~ ~ to +,~~~~, i~;e sl~~~~lrr~, l~u~rcn~~ ~~. ~~lr s~~~~a"md s ~ ~ ecr~~tierraul biclirr cry pl~~~G rlctirr ~~ec~-~rtitr~rl lo~t<r~lr"r~rt~ l rl-rr~ esrG-~~~ bile ur~ii a~tt l~llt ttr fret ~l~rv. 'her ~r Marrs rc~r ~ '~ mllliaa~r„ ~ 1l~-mile "r~ir~.~~r:l ~ q~rlrl~a, ~rtl~p ar~r_ tl"~ i l-~1;~ ~k~cf^,c~h~ee tr~a# mill irrl~d i~r~i- '-yeas stir~r~~rr~ ~?to~t~cti~r7~ tilh~eli~rr~, ~ ~~irrt~ r;st ~"e?S Pled ~l~Si,CJf"IC 9tei"n~. ~~i i 'tt7t~tl;~~~ 'lEf~~~;2aC7i1~ V+dhr~l-~ f5e^~~~e cC~il"'Y~ i~'C~q~ ill t7Vf" ~'4~ ~~t~h tl lt~ lit ~ the Ic rill ~ to nv`~. ,Ec ,,u~,;,,~ to ~s~~ tl-j.~r e. i lr~ ~r~ ~~t~ ~~~ ~~r~ raaf=s E~ rs~~~ r#~~~r~ iU cc=~~tr~al ~~rrl~mr ' ~h~ r u~a(I ~~~rt m~~t~=Jv~~y~ ~~~ ~r~~~ ~~gh+.n ~,ys Tie st ~i~ ret~uil~a ~ ~~d err~elia~ ter ~d~~~1 arc ~~~ic l~r~ ~s~ t~hrc ~o~~r~r~~~ !;vill ~cr~~R ally fall~a~v suit. I~". "hilli oYrl~lia~el' ~ ~~ t iter~~ fir tsl; tm sl~ctrtr~ dc~ i fill ir-a ~ -mil's ~ri~l ;s t~t'~"mi~Nl~iC~ v=~h,~.-~~~ ~~~ft~,`-~~i '~-~"'~~i ~~~5ict~F ~T~, ~~~~~~I ~I~1'IS~~S tinigt,Nft3 +~rti'!~ll' "[D ~t,~~ r'~.E7C~ ~"1Cni~~! th,~~i ~tr~rltl t"` ~:i-~ ~wt~ r'cam +ittrm tl~e c~~rr~,~~~~it^, Ftrav~r~y~; ~oirrt~ ~t~~ 1-,5 ire iir~~itecl. iiHu~Y9 ~ ~ lip i. i i i i~ F i~..~~, ~ ._i _.. i~ p i iii I bl'B it i i. yJN~d~w~.f~'YG~G~ ~ ~ I 'r .. ,~.,,i~~ ~, ~I s~ A ~. II ~~ ~`,~ ^ ~^ ~I ^ ~~ ~~ ~~ ^~ !~~ ~ap~nr~i IN ,~~ircav~ i~~u~!~:~ ~~ ~~. iiHu~Y9 ~ ~ lip i. i i i i~ F i~..~~, ~ ._i _.. i~ p i iii I bl'B it i i. yJN~d~w~.f~'YG~G~ ~ ~ I 'r .. ,~.,,i~~ ~, ~I s~ A ~. 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M f '~<:i-~` ~;~ ",' ~~t _~ d,~,i~~ ~II~L a ENV ~--; .~ -„ ~ ~,'~ ~II"i a~ ui~9 i '~'~:~ r: it JI '!&~ i u, y ~ .J ,f ~~, '1 ~ WN~~IP6; i §:3 {~~f I ~ I ~ ~l i ~. ~~ r i~ +q f~Y ~i Irnrs ~.. ~.~ i~ t,: ~.~ ~i. i.. i L. ~~,. iii.. ~ i ~~~.. . I.. ~ _ I :.~itlr f„i .,.~~~~~-v~~ t n re ~ ~ 0N1ty, ~.. rm ':~c~- ~,.. i is n r a'r ~, ~~ 1 i t 1 r r. a {~ 7VV ' "~5 y.p (':m~agvratip:ul ux~.~ 4 1i +,t 1 Cp k3 in G5 ar i,r ~J ath ".k 2:1'. p;S LV 3<< rv h ~.... i. ~., i ~ V ,~. r ~. ,~4y rlr Gtr. ~,: I i r„nr ~~ ~~ ~; ~ ~d~~P ~~ ~.. ~~ ~ "'" ~,~~ ~' ~, ~ ~. ~] ~ . ,~. ~ a~^s ~ :, k~ ~, ~~' ~ ~ru~~ .~ ~ ~ r:; I ~ ~ I ~. I .~ I ~,~. ~.~ ~ i i i y I ~i ~.,~ ~ 01 ~~ ~ .. ", ~.. .,. I iii _.,~ Y'BL, I ~. q7 i 5ri~ 'i i ~Vt i it i. ~.~ ~ k ~. "r.~fk ~i :.Pyi c~ ~~ ';~. t 1',5 1 ~3 ~. ~. ,~,~. ..~ _~ ,~ ~~ ~ ~~'fi~l "~~ ~~' ~4""Y" ~-T~a~~&'a~, ~~y~7..,~'°~l.u~~d~, w.~;~_.._:_ _ 4. ~"~~~~1~ '~ ~'ld"~: ~, _i i--.li~a..~ ~:'~ i~='a' a~€o~aaG~a~, ~~ d° ~ ir~c~a~ ~~R ~~ ~J.cl ~ aa~u n. ~' ,~~ic~~ ~ 19 a'~6~r€~ r~~~ ~`_~~.~€~.~Et~rr~ ~-:c~ ~k ~ ~~~~ grad r~~~~~a~i~~~ ~1Y ~,~r;il ,,, , ~= c~~ a=~~~wl ~wr~ R~.~~ ~.ilr~'w: ..-. -u . €~ur~ . r~k~r~ rc~la~. ,,c.c€r~1r1 ~s.~l~,~_ .sr€~ f ~f a•a~~o~ ~~~, . ~+ ~ c~ ;~~i~ .~~ _,;- €v " ~r w~~r~~a~ r€ dui ct~c',. ~ ,~ ;a ~,a~~a t,i,~ -, ~ ,~~~-~~~,-; w. ~~~ ~.C~9~~NIm~7~ k~ ~u~~r c~a€a;i~' eaf thr ~i~ ~~.:~r ~ :~:~ thaw ~C~. ,~W~ T: ~a f~~r~: _~ _ . _. ,. ,. ._ L3~~ i~ i ,' q,1€ tip, i i ,-h( a ~ Ir_.... ~ ,.. __... ~ ~ ~.^^'~.. - ..,. ., _. ~ F... i MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: Apri122, 2011 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF MAY 3, 2011 SPECIAL EVENT REQUEST/AVDA SK WALK/RUN ITEM BEFORE COMMISSION City Commission is requested to endorse the 14th Annual Aid to Victims of Domestic Abuse, Inc. SK Walk/Run to be held on Saturday, October 15, 2011 from 5:00 a.m. until approximately noon, set up at 5:00 a.m., race to start 7:30 a.m. Commission is also requested to approve a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Bucida Road to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff assistance for providing traffic control, barricading, signage, trash pick up and removal, set up and use of the small stage, and use of a City generator. BACKGROUND Attached is the permit we received from Pamela O'Brien, on behalf of AVDA, to hold their 14th Annual SK Walk/Run on Saturday, October 15, 2011. The route requested is on A-1-A from Bucida Road to George Bush Boulevard. AVDA volunteers will assist with marshals and will provide assistance with clean up. The stage will be set up in the park on Friday and removed on Monday. The estimated overtime costs for the event is approximately $4,074, stage rental is $265 and barricades rental $100. Per event policies and procedures the charge for City services will be approximately $3,421. A budget and site plan for the event is attached. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, and the waiver of parking fees in Anchor and Sandoway parking lots from 5:00 a.m. until 11:00 a.m. We also recommend authorization to provide staff assistance for traffic control, barricading, signage, clean up, City generator, and stage set up and use. ~~ Event NamelTitle; AVDA 5K RunllNallc 2011 Invent Dates}: ~fobe~6; 20fi1~" Times: 5:00 a.m. - 12:00 p.m. ~--- ~~-~' ~ c ~" ~.~' ~-v ~ J Requesting street closure: yes X no (lf yes, need time/date for closure and reopening) October 8th - 5:00 am. -12:00 p.m. Event SpansorlProducer: AVDA (Aid to Victims of Domestic Abuse, Inc.,} ,,.,~__ Event ContactlCoordinator: Pamela OBrien Name: Pamela O'Brien Address: P.O. Box 6161, Defray Beach, FL 33482-6161 Tele hone Number; 561-265-3797 Ce .,,o.,,. p 1~lular Number: E-mail Address: pobrienC~?avda-fl.com Event DescriptionlPurpose: A runlwalk to raise awareness and funds for AVDA programs. Brief I-Ilstory of Event (If applicable): The event has been held for the last 12,~ears at the same locakion. Planned Ac#ivities (Outline of activitleslnumber of activities, i.e. entertainment, children's rides, games, other programs}: 5K and 10K, famil fun mile, DJ, live music, awards and rizes Page 1 of S Page2of5 Number of individuals Served Previous Year (if applicable): 530 Describe the targeted population and expected attendance: Delray residents are the primary audience; however, runners come from Ft. Lauderdale and West_Palm areas too. i=xpected attenance is 550. Describe haw the program or project addresses community needs: AVDA's race brings awareness of domestic abuse in the community and programs we offer address the impact of domestic abuse -~ - and families. Describe your MarketinglPromotions Program (How will you marketlpromote, i.e. N, radio, posters, flyers, web sites, other): Posters, fl ers, website, a iications, t-shirts and s onsorshi s. Sponsor Category (please check) ^ ~;ty Q Non-Arofit/Charitable ^ Private ^ Co-5pansar - ~lon-ProfitJPrivate (!f Nan-profit attach proof of 5Q?c(3}, c(4}, c(6}, c(?0}, or c(?9} or (d) Event t,vcation (Describe area boundaries of eventllocation): Anchor Park - A1A in Delray Beach. Runners begin at Anchor Park and proceed to George Bush Blvd. they return the same route ending at Anchor Park. For the 10K participants, they would repeat the same course. Site plan attached: yes X no (Site plan required for entire event site .Include iications of tents, stage, pirtalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: (If yes, attach proof of approval) yes no X Rental of Old School Square Park: yes {If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes X (Required for a!1 events} no X no X no Page 3 of 5 Previous year RevenuelExpense summary attached: yes X no (Required for all events} Arts and Economic Impact Calculator attached: yes no X Obtained on line at www.AmericanslrorTheArts.org {Required for all events except minor events and 5K Runs) Do you have cash sponsors for the evenk: yes X na {indicated on budgekj Do you have inkind sponsors for the evenk: yes X no (Indicated on budget) Serving or selling alcoholic beverages: yes no X If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license and alcohol lia~i!!ty Insurance required two (2) weeks prior to evenf} Event cerkificate of insurance attached: yes no X (Required iwa (2) weeks prior to event naming the Cify as additional insured, als o required for vendors) Playing of amplified music: yes X no (Wavier required) Will there be entertainment: yes X no {If yes, attached list of Performers andlor DJ's} If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes X no Requesting Police assistance: yes X no (traffic controllsecurity} Will supplement with private security: yes no X (If yes, need plan attached) Requesting Emergency Medical assistance: yes X no Requesting barricade assistance: yes X no {If no, how are you handling?} Requesting trash removallclean up assistance: yes X no {If no, how are you handling?) Requesting trash boxeslcontalners and liners: yes X no Requesting stage use: yes X no (if yes, check type) t_arge Stage (14' x 36'} Small Stage {16' x 21") '~ ~i~ Half Small Sta ge (8' x 21') ^ Page 4 of 5 Requesting signage: yes X no Type; 4'x4' Event sign X Parking Signs Banner Hanging Indicate dates required 1 011120 1 1 (Waiver required if more than one (7} week prior to event) Requesting City Portable Generator: yes X no (If yes, size & power) Food and beverage vendors: yes no X If yes, approximate number (Health Department approval required) yes no X Other vendors: yes no X (Indicate type) Tents: yes no X If yes, How many Whaf size or size required (If yes, tenf permits and fire Inspections maybe needed) Will the event include amusement rides: yes no X {If yes, type and location and copy of liability Insurance required, also requires state license and Inspection.) Will the evenk be gated: yes no X (Shaw on-site map) Will there be a charge for the event: yes X no (If yes, lndicafe ticket prices) $ 20 Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Flre Marshal! #o obtain and complete permit application) Will there be cooking with compressed gas: yes no X (!f yes, contact Fire Marshall for inspections} Wi11 you be providing port-a-lets for the event: yes no X (!f yes, locate on-site map. if no, Fndicate how you will handle restroom needs) Is reserved parking requested: yes X no (If yes, indicate locations and purpose for use) Request for parking meters to be off during the event from 5:00 a.m. - 12:00 p.m. ak Anchor Park, Sandoway Park and City lot on Gleason. Page 5 of 5 =vent hermit Attachments: X Revenuell"xpense Budget X RevenuelExpense Recap Last Years Event X Site Plan Arts and Economic Impact Calendar X Letter Requesting Noise Ordinance Waiver Let#er Requesting Waiver consumption Alcohok Beverages X Proof of Non-Profit Status ~_General Liability Insurance Certifcate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner ~~ Hold Harmless Agreement, notarized. Da#e Requirements: • Minor Event • Intermediate Event • Major Event • Neighborhood Block Party 45 days prior to event 90 days prior to event 120 days prior to event 30 days prior to event ntractorlCoordinatoF n 'lease Print: ~~ m p [ (~ ~ ~I i e n ~"1-ems-_t ~1 ~ 1 ndable application fee payable to the City of ©elray Bch, i=lorida 33444. Required with permik application. y ~ ,~ Dt Staff Use Only to Received ~/~ ~~ Application fee received $ ~~ ~ 0 0 T~~~1~o~K ~~~.,1tQ.h'~ O Race Name: AVDA 5K Location: Delray Beach. FL. Measured by: Gene Witkowski ._Y•g~ Btu 5h g~~ ~L. --~, m d START: on Gleason St. at west entrance to Anchor Pack. PK nail is 24" W from edge of pavement; 9'-3" N W from life pole and 13`4" SE from a nnanhoie. MILE l : on Ocean Blvd. at Thomas St. PK nail is 9 feet W from curb opposite of # 12b and'81'-0" NW from S end of retaining wall along beach, TURNAROUND: on Ocean Blvd. and George Bush Blvd. PK nail is on center of double dividing line and 28'-9" NE n a fire hydrant. MILB 2: on Ocean Blvd, N of ~~ 418 acrd Seaspray Ave. PK '1' 2d"Efr d f d2 ' ". nai ~s am a ge o pavement an & -5 NW from a manhole located in the sidewalk. AtlQ.n~t c MILE 3; on Ocean Blvd. and entrance to Lanikia Villas. PK nail is 24" E from edge of pavement anal 27'-10" NE Pram pole # 88104544603. FINISH: on one-way entrance to Anchor Park, PK nail is 4'-0" E from median curb and 22'-0" SW from trash barrel slab, See Detail. CONES: will be placed on center of dividing line from Bucidi to George Bush Blvd, at Turnaround, NOTES: Start, Splits, Turnaround & Finish are marked with PK nail & washer painted over ~~~~~, ~~~~~ ~:... . ~ ~~: ~ . • C.] J •J Ary ti N, ti a :~' t ~'~,:: ~ J ,~ ~~ "~ ~1~1~i 2. . ~rla Sias ~ra~ Avg,. o -...._-J V t'S~.a,~De~ ~1ar . 7~14C(i 0.S St, II a ~ ' ~'~~ a ~ fi~~ i s ~ Caskrtno ~~. 4C~~q ° , ~~ a d era ~ o ~TtI.C Aa.CO~L~ A ~~ Avg. -.~ AtiC1~OR P~KIC 4 y ~~,~ o._ ~a~a a Q tiJ c~ O Mar 15 ll a6:54p Paul RACE NAME: AVDA 10K L[?CATION: ~~y ~~ ~-• MEASURED BY: Gene ~1Vitkows~ START: on alcasan Sk. at west entranc$ to Anchor Farkc. PK nail is 24" W from edge of pavement; 9'-3" NW from light polo and ]3'~" SE fmm s manhole. 14IILE 3: on Ocean Blvd. at Thomas St. FK nail is 9' W from curb apposite of # 126 and 81' NW fmm S eud of retaining wall slang beach. TURNAROUND: on Ocean Blvd. and merge Bush Blvd. FK nail is on center of double dividmg king and 28'-9" NE from ~ sre hydrant. MILE z: on Ocean Blvd. N of # 41 S snd Seasptsy Ave. PK nail is 24" E firm edge of pavement and 2$'-S" NW froth a tnaahale tocatcd in the sidewalk. MILE 3: on Ocean Blvd. and entrance to l,anilda Villas.l'K nail is 24" E from edgy of pavement and 27'-]8" NB from pole #88184544603. MII.E 4; on Ocean Blvd. PK nail is 24" W from curb,E of pole #68I0468o000 in front of Marriott parlcmg lot. MILE 5: on Ocean Blvd. in front of #602. P'K nail fs 24" E from edge of pavement and E of pole #68105b46202. MILE 6: on Ocean Blvd. in front of #228. PK nail is 24" E from edge of pavement. FIIVISH: in main parki~dg lot of Anchor Community Center. PK nail is at the end of a parking space divider line and.20'- 4" SB of a drain. See details. CONES: wild be placed on oetrtar of dividing line from Bucidi to George Bush Blvd ad Turnaround. NOTES: S4art. Splits, Ttirnateunds & Finish are marked with PK nail and washer painted aver. ~i . ...r ,~~ . ~! o ~~ ~~I Pat ~n$ ~ ~~ ~o . s .~~~ LarZ~~.~~~I ~. St . Laa~ 3' / tp d 954~~llaso p.l Gror~r, ~~s~ BZ~ _ _ ~~ rnarou+n~. f o ~~ W ~ z. ~ 2 SF.aS~F~,L~ ~~E 4l8 , , Thos S~. X26 l~arri~tt ' 0 I ~t~lt~Lc Rv i•.. ' •o f ~ o ~ Fah 1~~. , i ~ 22a I b ~ 3 ~ f I~ ~ ~ o] O ii! t 0 F--~ i ~ CQSLLr 1+~, .~ a ~. ~ik~~ o ~~ i°i n -~ N AVDA 5K Run/Walk AVI]A 5K went Proposed budget income Sponsors Regi strationslcontribulians Expenditures Permi! Postage Printing DJ Entertainment Emcee Advertising Signage Tshirts Placques & medals tabor On site help Truck rental AccuChip tJSA City of Defray Beach Services Deeorationslsu ppl ies Raffle Prizes t~et income 2011 25,000.00 29,000.00 54,000.00 15o.ao 260.00 700.00 400.00 250.00 375.00 250.00 4,000.00 275.00 800.00 200.00 2,200.00 4,100A0 350.00 in kind 14,310.00 39,690.00 11AvdasvrDllltsersliamigonelEventsl5K flan-WaIk15K 2D11 Budgetl2D41 Budget 1 of 1 AVDA 5K Run/Walk AVDA SK Even# 2010 Income Sponsors Foundations 7,500.00 Carporate 9,250.00 Individuals 500.00 Grants - Churches/Organizations 1,750.00 City 500.00 Total Sponsors 19,500.00 Registrations/eont.ributions Active Network 14,181.34 Pre-registrations 1,160.00 Day of Raee 3,760.00 Contributions 6,514.30 Total Reg/Contributions 25,615.64 Matching Funds 2, 110.00 47,225.64 Expenditures Permit 150.00 Printing 695A0 DJ Entertainment 400.00 Emcee 250A0 Advertising 316.00 Shoelaces 1,064.80 Signage/banners 213.00 Medals 255.00 Tshiris 3,955.00 Labor 780.00 TrtECk rental 163.03 AccuChip USA 2,111.00 Course certification/set t-p 200.00 City of Delray Beaclt Services 4,025.92 Decorations/supplies 337.12 14,915.87 31.6% Net Income 32,309.77 68.4% As of 11 /24110 5K 20101P&t 2010 - Ftev ?1312011 1 a€ 2 List of Performers John DiLorenzo - DJ Amber Leigh ~ Performer Carl Foss - MC MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: Apri127, 2011 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF MAY 3, 2011 SPECIAL EVENT REQUEST/4TH OF JULY FESTIVITIES ITEM BEFORE COMMISSION City Commission is requested to endorse the 4thof July Festivities, grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of NE/SE 7th Avenue to Ocean Boulevard and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from approximately 2:00 p.m. to midnight, to waive City ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission is also requested to provide staff support for security and traffic control, street barricading and banner hanging, large stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. BACKGROUND Attached is the event permit, budget, site plan and activity schedule for this event. The 4th of July Festivities is sponsored by the City through the Parks and Recreation Department in partnership with the Downtown Marketing Cooperative. The Parks and Recreation Department is responsible for event management, planning, and coordination of staff support. The Downtown Marketing Cooperative contracts with the fireworks vendor for the display, barge and dockage fees, entertainment, assists in fund raising, helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. The Downtown Marketing Cooperative staff continues to raise funds to offset the costs other than City staff overtime. The event schedule is attached with fireworks beginning approximately 9:00 p.m. The cost of the fireworks display, barge rental, docking fees and other costs (except City overtime) are approximately $77,000. The City contributes $35,000 to the Downtown Marketing Cooperative to help offset the costs of the fireworks display and barge rental. Overtime costs for staff support are approximately $28,620 and are paid for through the City departmental budgets. In addition, barricade rental costs, portable lighting rental costs, crowd pleaser and port-a-let rental and sound equipment costs are approximately $3,500, which are also paid for the by the City since this is a City sponsored event. Liability insurance is assumed by the City. RECOMMENDATION Staff recommends approval of the event, the temporary use permit for street closure, waiver of City codes to allow assembly on the beach and vendors on A-1-A, approval of parking lot operating hours extension, and staff support as stated. City ©f Delray B each ~ ~~ ® ptI.RAY t3~+1CH Special Event Permit ~,~,~ ,, 1. ~~ i1 ~~ I V ~ Application ~ I ~~~~ REVISED 11.2.10 p~~II1E~15ttlRttV~B~iiVI~~S PLEASE TYPE OR PRINT ~ fFillTlvi~ SE~WC~S 2©61 Event NamefTitle: Juty 4th Festivit[es Event Date(s): Jury ~, zoo 1 Tres: &:QQ em - 8:3t3 pm Requesting street closure; yes x no (If yes, need time/elate for closure and reopening) ,3:00 pm - fio:oo pm Event Sponsor/Producet•: City of DetraY ~$ach Event ContactlCoordittator: Sarah Martin, downtown Marketing Cooperative Name: Address: E 5 h Beach Telephoate Nuzxtber: z~3-~sao Cellular Number: E-mail Address: smartinta'~delrayt~each.c mom, Event bescriptionfPurpose: to celebrate independence day Brief History of Event (If applicable): started approximately 23 years ago at take tda Park, tt grew our of the park and moved to the beach. Planned Activities (Otitlitte of activitiesfnnntber of activities, i.e. entertainment, childzett's aides, games, other programs): Sand Sculpting, bike parade, concert, fireworks, taod eating contests, baby bathing suit contest, Page 1 of 5 Page Z of S Number of Individuals Served Previous Year (if applicable}: ~oo,ooo }~- Describe the targeted population. and expected attendance: families Describe how the progranrz or project addresses community needs: provides an economic ttnpaet to the dawntown area. Describe your Marketing]Promotions Program (How will you marketlpromote, i.e. T'V, radio, posters, flyers, web sites, other): atl of the above Sponsor Category (please check) City~Non-ProfitlCharitable a Private n Co-Sponsor -Non-ProfrtfPrivate ^ {x, f 1VorZ profit attach proof of 501 c{3), c(4), c(6), C{IO), or c(.~9) or {d} Event Location (Describe area boundaries of eveutllocation}: Veterans Park, At€antioAve. A1A Site plan attached: yes ~ no ~ (,bite plan required for eratfre everat srte. Include locations of Tents, stage, portalets, dmnpsters, poa•table lighting, and har>cicade location if applicable.} Rental of Old School Square; yes no x (If yes, attach proof of approval) Rental of Old School Square Park: yes zro x (If yes, attach proof of rental agreement with Parks & Recreation} Private Property Use: yes zzo x (If yes, attach letter giving authorization from property owner} Event budget Revenue & Expenses attached: yes. ~ ..~ no~ (Required for ald events) C~113ocurnents and 5eitingsliteetwoodlDes6toplTemplSgecint E,~ent Permit Applicntivn REVISED FILIAL fY I U- ] L (2),dvc Page 3 of 5 Previous year RevenuelExpense suann~ary attached: yes. no t~ (Required for all events) Arts and Economic InrNpact Calculator attached: yes~_ nom Obtained an line at www.AmericansFarTheArts.org (Required fax all events except minor events and SK Runs) Do you have cash sponsors far the event: yes ~ no (Indicated on budget) Do you have inkind sponsors for the event: yes X no (Indicated on budget) Serving or selling alcoholic beverages: yes ~ no Xf yes, what entity is obtaining the Alcohol Licanse permitY ot~c (If yes, copy of licera~e arxd alcohol liability irt~urance required two (2} tt~eeks prior to event) Event certificate of insurance attached: yes no t0 f©I IOW (Regtired ttvo (2) weeks prior to event rtarrtirtg the City as a~dditiartal irtstcred, Also regttij ed, fvr vendors} Playing of arr~plified music: yes ~ no (Waiver required) Will there be entertainment: yes X ~~o (If yes, attached list of Perlorn~ers and/ar DJ's) If yes, sponsor agrees all entertainrr~ent will be family oriented and contain no obscenities: yes x no Requesting Police assistance: yes ~ no (traffic cantrollsecurity} Will supplement with private security: yes no ~ (If yes, need plant attached) Requesting Emergency Medical assistance: yes ~ no Requesting barricade assistance: yes ~ no (lf na, haw are you handling'?) Requesting trash renlovallclean up assistance: yes K no (If no, how are you handling?) Requesting trash boxeslcontainers and liners: yes ~ na Requesting stage use: yes ~ no {,lf yes, elteck type) Large stage (14' x 36'} B Small stage (16' x 2~1'} ^ Half ,small stage (S' x 21'} ^ C:Vaocumenis and Settingslf2eetkood~Eles~,-toplTempLSpcciat Hvcttt Yent3it Application REV[SED FTIVAL FY! 0-L 1{2),doc Page 4 of 5 Requesting signage; yes x no Type: 4'x4'Event sign x __ Parking Signs x Bannez hanging x _ Indicate dates ~re€~uired (Waiver required if store than orre (X) tveeli~ prior to event) Requesting City Portable Generafor: yes x no. {Ryes, size & power) Food and beverage vendors: yes x no If yes, approximate nurniber 3 - 5 from reslauranls (Health Department approval required) yes ____ no Other vendors: yes X no (Indlcate type} merchandise Tents: ~ yes x no If yes, How rirarry Wltat size or size rewired ~ox3o (If Yes, tent perirtits artd fire inspections rrtay be needed) Will the event include amusement rides; yes no X (If yes, type artd locatiarr arrd copy of liability irrsrrrance rer~uirecl, also requires state license acrd inspection.) Will the event be gated; yes tto x (Shaw art-site wrap) Will there be a charge for the event: yes no X (If Yes, indicate trckel prr`ces) $ Will there be fuewnrks or other pyrotechnics: yes X n.o (If yes, c©rttact Free Marshal to obtain anal courplete per•rni*.t application) Will there be cooking with compressed gas: yes (,'yes, contact Fire 1Vlarslral for inspections) no X Will you be providing port-a-lets for the event: yes x nv. (If yes, locate ort-site wrap. Zf no, inrli-cafe how yorr will )rarrdle restr•oorn needs) Is reserved parking requested: yes ~ no, (If yes, indicate locations anal purpose for use) C:1Docu~nents and Settingsil7eetwoocllDcsktopYPentplSpecial Event Permit Application REV15E© F~~AL t'Y [o-l l (2),dc~ Page 5 of 5 Event Permit Attachments: RevenuelExpense Budget RevenuelExpense Recap Last Years Event Site Plan Ants at~,.d Ecanamie Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consurnptian Alcahol Beverages Proof of Non_Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or AuthoY•izatiozr Letter from Private Property Owner Hold Harmless Agreen~.ent, notarized. Submittal Date Req~iretnents: lVSinor Event 45 days prior to event • Intermediate Event 9U days prior to event ~ Majar Event 1~0 days priar to event ~ Neighbarhoad Block Party 30 days prior to event [~' ~`~~ Event Coz~traetor/Ct or ' inator ~ Date Please print: `fit YC~ ~~~~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W, ls` Avenue, Delray Beach, Florida 33444, Required with permit application. I'or Stiff Use o~tly ~,~- ~ fl Date Receivecl Application fee received l~ C:1Documents and Sclcingsl[leeiwc~odlDcsktoptTen~plSpeci;tl Event Yermic Appii~atian REVISED FINAL FYIO-3 l(2).doc Delray Beach July ~m 2Q 11 Celebration Schedule 8:00 am-12:00 noon Sand Sculpting Exltibitiott presented by the Delray Beach Rotary Sunrise. Vote for your favorite! 1 pm winners will be announced. Ocean Boulevard and Atlantic Avenue on the Beach. 2;Ofl pm The 30 x 60 ft. American Flag ~viIl be fEawn hear the beach, iveatlter permitting, flying Itiglt neat` the intersection of Ocean Boulevard and Atlantic Avenue. The flag will remain flying until approximately i0 pm 2:00 pm Flag planting on the beach-flags are sold to benefit the Veterans Support Organization (VSO) 2:30 pttt Beacltside flag ceretttony with Surfer Metttorial in the ocean 3:00 pm-I O ptn Street Closut'e 4:00 ptn Registration for Patriotic Bicycle and Scooter Parade, presented by City of Deh'ay Beach to benefit Delray Beach Rotary Nvantime. Atlantic Avenue at Veterans Park. Decorate your bikes and scooters acrd register for the Big Prizes, including a new bicycle, helmets, gift cards and much morel Far registrations information, call 279-1380 eYt 17 4:00-3:00 pm Delicious Food and Beverages, prepared by local restaurants at Atlantic Avenue and A 1 A. 5;00 pin-10 put Cars as Art parade of cars ictto the event footprint pat•kittg its the Seagate Hotel Black area 5:15 pttt Patriotic Bike & Scooter Parade. Route Swill be Veterans Park to AlA at the Marriott. Open to all ages. GAO pm Beatttifttl Baby Bathing Suit Contest? V4~insters announced and prizes awac•ded at the entertainment stage. Pre-registration oc• register at Rotary tent on 3u1y 4 7;00-8;30 pm Hot Dog and 3 lb burger llatistg contest. Advance registration information forms and contest ircfartnation available at dor~vtrtowndelraybeaelt.com. $:30 pm First Fireworks Salute...30 minutes to show time. $:45 pn; A Red, White & Bhce 8" Star Shell will let you ktto~v that show tints is in fifteen minutes. Make sure your radios are set to Sunny 101.3 FM for the flrctvorks music simulcast. 8:50 put Fireworks Celebration Introduction & Pledge of Allegiactce to the giant Atstericatt Flag with Mayor Woodie McDuffie. 4:00 pm Fireworks Display ., r .~ T ~ _ ~ ~~ ~ t ~c a ~ Yi '~R .~ f~ 3' ~+~~ .{ _ '~ ti ` $. f 2 ~ i .,~~ '~ ~ ~ a tk t Pte' t5~_ ~' ~~~~y~ ~' ~ yiq~~ ~ - +y ~ ... ^M~ Gam- . F . } _ ~ ~_ ~ ~ ~` ~ 4 . ~ ,, '+~~ ~ ~:~ ~: ~~~,~j~IG ABC s ..~- .. A ~A 4y ,~4,. ~ ...~ ?~ ~ }} ~< yy ~ w .. ~ . ~Z„ ~ t ~ ~ '~' ¢ 1 ~~~~ ~.' ,~ 1 ~~5°,a # * ~, ~~~ ~. ~ ~ ,~ fLA~t~?hC l . c ..;, a~rt~ ~;~ h ~: a.. '.~ 'iX -. Z ~~ l y~~ 1 ~l ~yL~[4~ p e ~V`9A~^ 4 ~~ p ~, j. i , 1~ _. •.~. ry}.. ~ ~~ E l . , ~' Ifl fi' ~ ~i _'.:: i ~. i.x ~- ~ I ~~~ L f • ._ b ~~. Defray Beach bowntown Marketing Cooperative, Inc. Statement of Revenues and E;cpenditures Front 3~iJ2011 rnrough 3~3i/2D11 YTD budget Total 8>idget - Current Peripd Current Year YTD Budget - Variance - Origina! Actual Actual Original Original Income . Administration idi Coordinaking Sponsorship 4120 7,597.00 0.0D 4.00 4.00 o.D4 Chamber of Commerce Partnership Fee 4130 31,000.04 0.OD 14,000.00 14,DOO,D0 0.00 Ci2A partnership Fee 4150 244,000.00 0.00 120,OQO.OD 120,000.40 0.40 DDA Partnersh'sp Fee 4164 9,800.00 D.00 9,800.04 9,800.00 000 Total AHminlstratlon 288,397.00 0.00 143,800.00 i43,800.O0 OAD i~lneapple Grove & West Atlantic 864 Spansorsitips 4601 0.00 0.00 1,i50,4D 4.04 1,150.00 Participants Income 4607 D~00 0.00 600.00 4,04 600.40 Tate! P'ineappie Grove & W Atlantic 0.00 0.00 1,750.00 0.00 1,750.00 Art & Jazz an the Avenue 852 CRA Par#nersttip Fee 4150 30,000,00 0.00 20,DOD,00 20,440.00 0,00 DDA Partnership Fee 9160 k2,500,00 flAfl 11,694.54 12,500.00 (805.50) Sponsorships 4501 39,128.00 30D,DD 7,744.62 18,300.00 10 555.38) Total Art & Jazz on the Avonue 76,628.D0 300,00 39,439.12 50,800.00 (11,3&0.88) July 4th Cefebrakions 865 City of Defray Beach Partnership Fee 4140 35,D40.40 4.44 17,SOO.D0 17,500.00 0.00 DDA Partnership Fee 4160 2,OOO.Ofl 0.00 2,000.00 2,OOn.00 4.OD Sponsorships 4601 42,DDO.D© O,DO 0_00 0_4p O,~OD Total July 4th Celebrations 79,OOO.DD O.OD 19,500.00 19,500.00 4.00 becember Holidays & first Night 8fi6 Gty of Delray Beach Partnership Fee 4140 22,000.00 0.00 25,496.ifl 22,400,OD 3,496.10 pDA Partnership Fee 4160 41,500.00 0.00 41,500.00 41,504.04 0.00 Char€tles Merchandise 43D4 0,40 OAD 1,455.00 0.00 1,055.00 Event Activity 4345 O.D4 0,00 1D,224A0 4,00 14,224A0 Santa Breakfast Income 4350 4,840.00 0.00 4,407.Ofl 4,B4D.00 [393,00) Santa Photos 4355 6,500.04 0.00 9,350.00 6,500.44 2,850.D0 First Night Buttons 4360 18,000.40 D.DO 21,240.40 18,000.00 3,240.40 Consignment Sales 4365 0.00 4.4D 390.00 0.00 390.00 Donations Received 4561 20,DOO.fl4 0.00 16,595.16 20,000.00 (3,404.64} Sponsorships 46fl1 84,082.D4 O.fl0 35,360.30 84,082.00 (48,721.70) iNerchandlse Sales 46D6 .17,200.00 040 1,658,4p 17,200.00 15 542.00) 'Fatal Dec kolidays & First Night 214,fl82.O0 O.OD 167,275.56 214,082,D0 (46,806.44} Summer Nights an the Avenue 871 Di3A Partnership Fee 4160 1,2D0.DD 0.00 1,200.00 3,204A0 D,DO Sponsorships 4601 .8,494.40 004 13_00 O.DD 0.00 Total Summer Nights on the Avenue 9,69D.00 fl~D0 1,200.D0 ,1,200,flD D„~0fl Totallncome 667,797.Op 300.00 372,964.68 429,382.00 (Sb,417.32) Expenses Administration 101 Salaries 5001 195,S2k.00 16,293.35 149,257.48 97,764.D0 (6,443,08) Payro[I Taxes 5141 14,957,44 1,211,36 7,765.17 7,482.40 (283.17) tfnemployrrtent insurance 5105 1,736A0 4.44 581.44 294.40 (291.04) Health insurance ~ 5111 25,645,04 2,672,D3 i6,D20.93 12,844.DD (3,21b,93) Retirement Fund 5115 19,552.04 8,946.70 8,946,74 19,552.40 10,605,34 Rent 5124 2,4DO.OD 204.00 1,444.44 1,204.40 {240.44) Meekings /Conferences 5121 4,2D0.00 533.21 1,991.52 2,104.04 148.48 9/19/2DSk i7eiray Beach bowntown Marketing Cooperative, Inc. Statement of Revenues and Expenditures From 3/1/2011 Through 3J31J2D11 YTD Budget Total 43udget - Current Period Current Year YTQ Budget - Variance Original Actual Actual Original Original Payroll Serv[ces 5125 1,OOOAO 52.80 337.80 525A0 187.20 Audit Expense 5201 7,000.00 p.00 ~ 0.00 4,500AD 4,500.OD pues & Subscriptions 5205 2,100.OD 0.00 630.83 0.00 (63D.83) WEB Sponsorship Expense 5216 b60.00 98.32 314.32 330.OD 15.68 Banking Fees 5224 O.OD 15.OD 179.66 D.DO {179.66) Merchant Aceount Fees 5225 ~ 0.00 1i5.7D 840.76 D.DD (84D.76) c3ftEce Supplies 5231 1,000.00 6.53 196.46 510AD 313.54 Postage 5235 O.Op 0.00 19.62 0.00 (14,62) Printing & Stationary 5241 $,800.00 537.32 4,461.24 3,9oD.00 (561.24) Telephones 5245 3,000.00 250.00 1,375.00 (,500.00 1.25.00 Insurance 53D1 10,800.00 D.DO 3,974.97 D.00 (3,974.97} Worker's Compensation 5303 1,466,00 790.D0 740AD 1,466.00 67b.00 Contract Services 6ii0 9,600.OD 800.00 S,SOOAD 4,800.00 (800.00) Resign & Typesetting -Events 6115 O.OD O.DD 513.86 D.00 {51.3.86) Equipment Purchase 6120 O.DD O.DO 5,768.13 0.00 (5,768.13) Pttatagraphy & Fiim Expense 6145 D.OD D.00 150.00 0.00 15D.D4) Total Administration 3139,397=00 32,53.8.32 1fs6,110.09 158,723,00 (7',387.09) Pineapple Grove & West Atlantic 860 Event Fees 5207 O.OD 0.00 353.00 O.OD (353.D0) Printing & Stationary 524E 0.00 0.00 426.55 D.OD (926,55) Rds, Marketing &Signage -Events 6101 0.04 0.00 10DAD O.DO (10D.OD) ' Awards & Recognition ° Events 6105 O.OD 0.00 1,000.00 0.00 {1,000.00} Contract Services 611D D.OD 0,00 2,361.53 0.00 (2,361.63] Supplies Purchased -Events {171 O.OD D.00 703.66 O.DO (703.66) Travel, Meals 8z Meetings -Events 6175 D^00 D.flO 102.6B OOD 102,&8 Total Pin&apple Grove & W Atlantic 0,00 0,00 5,547,52 0.00 (5,547,52} Art & Jazz on the Avenue 862 Meetings/ConFerences 5121 D.00 40.98 40.98 O.OD {90.98) Event Fens 5207 9DD.D0 150.00 75D.00 600,00 (i50.D0} City Services 5210 D.DO 0.00 10,493.36 0.00 (10,493,36) Gift Card Purchase 5226 fl,Dfl 30D.DD 700.00 0.00 (700.OD) Printing &Stat[onary 5241 O.DO D.00 2,11.2.75 0.04 (2,iiZ.75) Ads, Marketing &Signage -Events 6101 2,5DO.OD 0.04 0.00 1,200,00 1,200.DD Contract Services 61(0 38,532.OD 0.00 11,607.49 21,1$O.DO 9,572.51 Design &Typesetting -Events 6115 9,668AD 951.00 3,433,78 4,8DO,D0 1,366.22 Equipment Rental ~ Lease 6125 iD,000.D0 0.00 7,736.bfl 4,670.00 (3,066.b0) Miscellaneous Expenses -Events 6141 932.00 0.00 D.DO 380.00 380.00 Photography & film Expense 6145 1,332.D0 0.00 D.00 666.00 666.00 Supplies Purchased - I~vents 6171. 200.OD 0.00 737.17 100.00 (537.17) Travel, f+leals & Meetings - Invents 6175 64.00 0_DO 144.80 3D.40 7( 4,8D) Total Art &,1azz on the Avenue 64,3.28.00 1,441.98 37,716.93 33,626.00 0#,090.93} July 4th Celebrations 665 Contract Services 6110 53,400.Ofl O.DD 0.00 O.OD flA0 l7esign &Typesetting -Events 6115 2,D00.00 O,DD 0.00 0.00 0.00 Equipment Rental J Lease 6125 20,600.00 0.00 0,04 D.00 0.00 Supplies Purchased _ Events 6171 500.00 D.OD 0.40 D.DD O.DO Travel, Meals & Meetings -Events 6175 50D.D0 fl,00 D__. _00 D„~DO D.OD Total xuiy 4th Celebrations 77,p00,00 0.00 O,DO D.00 0.00 December Floildays & First Night 866 Event Fees 5207 0.00 D.00 75A0 0.00 (75.00) 4J19J3(ISI 2 delray Beach downtown Mariceting Caoperatlve, Inc. Statement of Revenues and Expenditures From 3/iJ2011 Through 3/31J2011 Yi'D Budget 'Total Budget - Current Perlad Current Year YTi] ]3udget - Variance - Original Acti[a] Actuat ©riginal Original City Services 5210 0.40 3,279.09 - 6,541.03 0.00 (6,541.03) Postage 5235 0.00 43.80 43.80 0.00 (43.80) Printing & Stationary 5241 0.00 0.00 4,104.00 0.00 (4,100.00) 5aies lax Expense 5322 532.04 0.00 O.D4 532.00 532,00 l=lrst Night -City Reimbursable 6000 500.40 0.00 0.04 500.44 540.00 first Night Buttons Sold 6005 18,©00.00 4.04 20,643.25 18,000.00 (2,643.25) Ads, Marketing & 5ignage -Events 6101 3,000.00 0.00 7,748.71 3,0OO.OD (4,748.71) Awards & Recognition - E=vents 6105 2,500.D0 468.50 46854 2,504.00 2,031.50 Cantraact Services 6110 87,400.00 0.00 69,480.9& 87,4fl0.00 17,919.04 Design & TypesettEng -Events 6115 12,700.00 0.00 3,004.14 12,700.00 9,695.86 Equipment Rental /Lease 6125 6,ODOAD 0.00 3,530.00 6,bfl0.00 2,470.44 Venue f=xpense 6131 O.DO D.00 7,332.42 0.00 {7,332.42) Miscellaneous Expenses -Events 6141 1,000.00 O.flO 0.00 1.,000.40 1,0OO.OD Photography & F{Im Expense 6145 SQO.OD 0.00 250.00 500.00 250.00 Safes Expense -Merchandise SISi 12,950.00 0.00 6,069.39 12,950.00 6,88D.61 Supplies Purchased -Events 6171 25,OD0.00 fl.fl0 9,814.83 25,ODO.D4 15,185,17 Travel, Meals & Meetings -Events 5175 7,5DD.00 O.flO 2,018.86 7,500.OD 5,481.54 Sponsorship Expense 6190 30,000.00 0.00 22,OOO.DO 30,DOO.Ofl 8,D00.40 "focal Dec Holidays & 1st Might 2D7~562.08 3,791.39 iS3~12D.49 207,&82.00 44,451.51 Summer Nights an the Avenue 871 Event Fees 5207 6D0.04 0.00 0.00 fl.DO 0.00 Contract Services 6110 1,650.04 0.00 0,00 4.04 0.00 design &Typesetiing - lrvents 6115 1,200.00 0.00 4.00 fl.40 0.00 Equipment Rental /Lease 6125 4,890.40 0.00 0.00 0.00 D.4D Miscellaneous Expenses -Events 6141 500.00 0.40 0.00 4.00 0.00 Printing Exp -Events 6151 850.00 4~DD 0,40 0,00 0.44 To#al Summer Nlyhts an the Avenue .9,690.04 O~DB 000 040 0_._00 Total Expenses 867,797.48 87,851.69 872495D3 399,93xA0 -27,435.97 Excess of income aver Expenditures 00®00 37( ,551,69) 489.G5 29,451.80 28 981.35) ~~LL~ ~~~ ~ Ki` , YT 4/19]2QI1 3 Dovlniown Marketing Cooperative 5tate-nent of Revenues and Expenditures -Detail From iJiJ2010 Through 9J30J2014 1JiJ10 to 6]1/10 to 5J31J10 8/31/10 _ ProgramTotat income Art & Jazz on the Avenue 852 CRA Coordinating Fes 4150 15,000.00 15,000.00 30,000.00 Event Sponsor Rev 4601 31,100.00 23,100.4D ?~4., DO.DO 'Total Art &Jazz ae the Avenue a5,100.flD 14,800A0 60,900.00 July Fourth Celebrations 855 Event Sponsor Rev 4601 42,fl00AD 14,300.00 56,3D0.4D Other income -Events 4620 0.00 35,890.80 35.890.80 Total JuIY Fourth Cele6ratlans 42,000.00 39,550.00 81,550=00 General Promotions - oMe 8&9 Event Sponsor Rev 4b01 0.40 1,200.00 1,2fi0.4D partidpants Income 4607 O.QO 2~, 00.00 ~2 34 ~1ti Total General promotions - 1DMC 0.00 1,200.00 1,200.00 summer Nights on the Avenue 871 CRA Coordinating Fee 4150 0.00 b,00D.00 61000.00 Event Sponsor Rev 4601 0,_,OD 2,44(}.00 2 ©~0•bfl Tcftal Summer Nights an the Avenue 0.00 S OOfl.00 8.000.00_ TotalIncnma 88,100.00 53,550.00 151,65fl.00 Irxpenses Art & jazz an the Avenue 862 Event Fees 5207 150.00 300.4D 45D.D0 Ads, Marketng & 5ignage -Events 6101 0.00 60D.04 600.00 Contract Services bii0 20,614,79 13,186,22 33,797.01 Design & Typesetting - i=vents 6115 5,632.67 1,278.19 6,91D.8G Equipment Rental /tease 6125 8,352.75 5,169.00 13,521.75 Miscellaneous Expenses -Events 514]. 0.40 506.3E 606.38 Printing Fxp -Events 6151 0.OD 600.D0 64DA4 Supplies Purchased -Events 6171 553.87 30.11 5$3.98 Travel, Meals & Meetings -Events b175 0.4D 98.58 98.68 Sponsor Remgnt0on 6185 d.OD 200.00 240.4D Total Art & Jazz on the Avenue 35,300.08 22,0&8.58 57,368.56 July Fourth Celebrations 665 Ads, Marketing & Signage -Events 6101 0.00 1,525.40 1,525.40 Contract Services 6110 30,496.00 31,899.72 62,395.72 Design &Typesetting -Events 6115 O.OD 2,177.58 2,177.5E Equipment Rental /lease 6125 0.00 14,1$9.44 10,189.00 Supplies Purchased -Events 6171 0.04 70.75 70.75 Travei, Meals & Meetings -Events 6175 0.00 116.91 11 . i Total Juiy Fourth Celebrations 30,495.00 45,679.35 76,4.75.36 General Prontations - i7MC 869 Ads, Marketing & Signage -Events 6101 O.D4 90.(14 90.DD Design &Typesetting -Events 61f5 0.00 750.00 754.00 Printing Expenses ° Events 6151 DOD i,100.OD 100. Q Total oenera! Promotlarss - []MC 0.00 1,940.€10 1,9~F0.00 summer Nights an the Avenue 871 EventFeas 5207 fl.4D 375.OD 375.D0 Ads. Marketing & 5ignage -Events 6101 O.DO 287.00 267.D0 Contract Services 6110 0.4D 1.,350.40 i,350.DD 9~i3I?AIO Downtown Mar[ceting Gooperalive Statement of fievenues and ExpenditurPS - E7etail From i/1/2014Throug1~9j30/ZO10 Design & Typesetting ,Events Equipment Rental /Lease 5upplles Purchased -Events Travel, Meals & i+M1eekings -Events Total Summer tVights on Ehe Avenue 7utalExpanses i./1/1.0 to 5/31f 10 6/1/1.0 to $/3110 - Program Total . ~ 6115 0.44 1,125.04 1,125.40 6125 0.44 70.00 74.04 6171 0.44 190.70 184,74 6175 0.09 38.4$ 36.98 11.00 3,436.88 3,436.68 65,796.08 73,424.62 139,220.70 9/132€114 Untitled Document Infarmatian STEP ~: PaPIJLATI(3N PQPULATION of your community: 5fl,fl04 l0 59,889 STEP 2: TaTAL EXt'EAlSES (optional) Your Organization's TOTAL 1=XPENSES (please do na# use commas): g 77000 STEP 3: TOTAL ATTENCAIVCE (options[) TQTRL RTTENC3ANCE to your arganiaation's arts events (again, da not use commas): 125000 1--- ~_calettla~e~ teset.- Total Economic impact 4f: Page 1 of 1 Total Housel-old Local State Expenditures FTE Jobs Encome Government Government • Revenue Revenue Nonprofit Arts and Culture _ $77,0©Oi __ 2.4 $50,634: $2,626, $2,999; Organizations: NonprofitArts and Culture $2,$31,250; 74.7j $1,14$,488' $1.12,457; $131,7951 Audiences: 1 .. .' I ...... ............. -- .._. .... ..........-.. Total Industry Impact: $2 808,250= . 77.1 ~ $1,19$,1021 $115,0831 $13q,79Q' {The Sumo! Qrgartizatians and Audiences} t E --'. ~- ~ - .y .r,-rte. ~i "~ ",~ tl « u tl?t'~fl'In` Yo~t~r ~SSl~i~S ~ ~.y.Wh 3rtrc ~~. ~ Please sea the fjne prtnt betos~v. deflttltions Total Expenditures: Ttte total dollars spent by your nonprofit arts and culture organization and its audiences; P,vP.{1t-related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees In simAarly populated communities. Back to alc~,--,,.,, ufator t='fE Jobs: The tots! number of fait-time equivalent (I=TE) jobs In your community that are supported by the expenditures made by your arts and culture organization andlor tts aud[ences. Rn FTE can be one full-time employee, two stall-time emptnyses, four employees who work quarter-time, etc. Back to Calculator Household Income: Tfie #otal dollars paid to community residents as a result a# the expenditures made by your arts and culture organize#ion andlor its audl$ncos. household income includes salaries, wages, and proprietary income. Back to Catcutator Government The total dollars received by your looal and state governments (e.g., license fees, taxes) as a result of the Revenue: expenditures made by your arts and culture organization andlor its audiences. t3ack to Calculator When using estimatos derived from this calculator, atjvays keep the following caveats In mind: (1) the results of this analysts are based upon the averages of similarly populated communities, (2) inputloutput models were customized far each of these stmllarly populated communities, providing very specific employment, household Income, and government revenue data, and (3J your results are therefore estimates, and should not be used as a substitute for canductiny an economic Impact study that is customized far your community, fl Copyright 2407 by Americans for the Arts. www.AmericansForTheArts.o ra >~ttpJlwww.ame>:7cansforthea~~ts.arglzn~'ormation set-vices/research/se~•vices/ecoit~olmic_imp... 4/25/2011 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: Apri128, 2011 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF MAY 3, 2011 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of April 18, 2011 through Apri129, 2011. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that 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: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting agenda of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meetin off Apri125, 2011 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (6 to 0, Cary Glickstein absent), of a final plat request in conjunction with the creation of a four-lot single family subdivision for Seaside Plat, located on the north side of Lowry Street, west of Andrews Avenue. B. Recommended approval (6 to 0), of a conditional use request to allow the Veterans of Foreign Wars (Post 4141) to establish a fraternal lodge with restaurant facilities within an existing commercial building located at the southwest corner of SE 5th Avenue and SE 8th Street. C. Recommended approval (6 to 0), of a City-initiated amendment to the Land Development Regulations Section 4.3.3(I), "Community Residential Homes and Group Homes" to remove an out-of- date reference to Section 4.3.3(D). D. Recommended approval (6 to 0), of a City-initiated amendment to the Land Development Regulations Section 4.4.29 "Mixed Residential, Office and Commercial (MROC) District to clarify allowable densities. E. Recommended approval (6 to 0), of a City-initiated amendment to the Land Development Regulations Article 4.4 to add community gardens as a principal use andlor accessory use and amending Section 4.3.3 "Special Requirements for Specific Uses", to establish specific regulations pertaining to the development of community gardens. Site Plan Review and A~earance Board Meetin off A~ri127, 2011 1. Approved with conditions (6 to 0, Roger DeCapito absent), a Class I site plan modification, associated with the reduction of the total number of awnings originally approved for the west elevation for 5th Avenue at Delray, located on the east side of NE 5th Avenue, between NE 1st Street and NE 2nd Street (131-185 NE 5th Avenue). 2. Approved with conditions (6 to 0), a request for a color change for City Oyster, located on the north side of East Atlantic Avenue, between Pineapple Grove Way and the FEC Railroad (213 East Atlantic Avenue). Historic Preservation Board Meetin off A~ri120, 2011 3. Approved with conditions (6 to 0, Annette Smith absent), a request for a Certificate of Appropriateness associated with alterations and additions to a contributing structure including the construction of a swimming pool and accessory structure and associated site improvements located at 130 SE 7th Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ' MAY 3 2011 ~ z~ U~,~ ~n~~~ i ~ ~ ~ PLANNING AND ZONING ~~ ~ LOCATION MAP ~F~ acn~E DEPARTMENT SPRAB: HPB: ?. 5TH AV,~NUE AT DELRAY 3. 130 SE 7TH AVENUE %. CITY O`/S TER -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\5-3-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, EIT Richard C. Hasko, P.E., Environmental Services Direector THROUGH: David T. Harden, City Manager DATE: Apri126, 2011 SUBJECT: AGENDA ITEM 8.L.1 -REGULAR COMMISSION MEETING OF MAY 3, 2011 CONTRACT AWARD/SPEARHEAD DEVELOPMENT GROUP, INC. ITEM BEFORE COMMISSION The item before the Commission is for approvaUauthorization for the Mayor to execute a contract with Spearhead Development Group, Inc. for construction of sidewalk improvements in the Northwest/Southwest areas of the City. The cost of this contract is $102,999.80. BACKGROUND The Neighborhood Services Division of Community Improvement administers an annual program for the installation of new sidewalks and swales at various locations throughout the City. The subject proposal for the current year includes clearing & grubbing, sidewalk construction and Swale sodding in the following locations: SW 1st Ave - SW 4th St to SW 2nd St SW 3rd St - SW 1st Ave to S Swinton Ave SW 3rd Ave - SW 3rd St to SW 2nd St SW 5th Ave - SW 3rd St to SW 2nd St SW 3rd St - SW 5th Ave to SW 4th Ave NW 2nd Ave - NW 3rd St to north end of NW 2nd Ave SW 7th St - SW 2nd Ave to S Swinton Ave SW 7th Ave - SW 2nd St to SW 1st St Eleven bids were received for this project. Spearhead Development Group, Incorporated was the low bid with a total bid amount of $102,999.80. The bid tabulation and a location map are attached. FUNDING SOURCE Funding is available from account # 118-1965-554-63.11. RECOMMENDATION Staff recommends approval of the contract award to Spearhead Development Group, Incorporated for the Community Improvement Sidewalk Phase II project. _ LgKE IDA .ROAD W Q Z I ~ Z 3 ~ ~. T ~ - fJ T I C A V E N U E sw_ Isi si. _. Q s i S_W. 2ND Si. ~_ 2N^ ST_ w w w = Q Q z S G ~ ~ ~ ~ j a ~ ~C ~i S. W_ 3RD Si_ ..... .__ SW 3RD Si H (n ~. z !n C z ', 5 W. 77TH Si. ~ `~ CITY of DELRAY BEACH COMMUNITY IMPROVEMENT DATE:04/25/2011 ~~d ENVIRONMENTAL SERVICES DEPARTMENT p ~ SIDEWALK PHASE II FILENAME 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 'q~ o© LOCATION MAP 009-03 UJ N N O U r7 O I 0 0 N .~~ U .~ d 0 Q U 6 _ ~ ~ O M ~ U O ~ ~ 67 ~ d O N ~ ~ ~ (6 -O U ~ O m O ~ ~ c O U ca M~ W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z J x O O O N O ~ O OO 0 0 0 0 0 0 0 0 0 0 0 - H 0 OO 0 OO 0 I~ I~ ~ O O ~ 67 O CO O OO ~ O O ~ I~ O ~ ~ 0 0 0 0 0 0 ~ fl 0 O 00 ~ 0 67 ~ N ~ ~ O ~ OO C'7 ~ O N ~ ~ Efl N Efl E r Efl Efl Efl Efl Efl Efl Efl Efl ~ ~ Efl ~ ~ M W ~ ~ ~ ~ J ~ ~ O O O O O O O O O O O O O O O O O O O m ~ W 0 0 0 0 0 0 ~ O O 0 0 0 0 0 0 0 0 0 0 U 0 0 0 I~ O O M N O O O O O ~ O O O O O J N Z- ~ o o o ~ ~ m c~ c~ c~ ~n ~ c~ o N O O O ~ o Q ~ ~ a ao ao ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 ~ 0 ~ Q ~ ~ ~i ~ ~ ao ~i ~ p ch ch ao ~n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 67 ~ OO OO I~ O ~ 0 0 0 0 0 0 0 0 0 0 0 0 ~D J Q ~ ~ ~ O ~ ~ ~ N N ~ ~ O O O O O O O O M H ~ I~ OO ~ 67 I~ ~ ~ ~ C7 N ~ OO N OO N ~ O ~ ~ '7 O O O O O O ~ fl O O N O O N N N ~ ~ ~ N C E r O 0 O ~ ~ ~ ~ O M ~ O ~ ~ ~ O ~ ~ O N ~ 1f> ~ ~, a H Efl Efl N N ~ Efl Efl Efl ~ Efl Efl Efl Efl Efl M v _ ~ ~ ~ ~ ~ ~ m ~ ~ r N ~ M M M ~ O C'7 O N O O O O O O O O O O 67 ~ OO 67 CO ~ I~ ~ 0 0 0 0 0 0 0 0 0 0 0 () V ~ V ~ ~ ~ ~ M O N O N M ~ 0 0 ~ 0 0 0 0 0 ~ ~ ~ I~ oO ~ 67 N Efl ~ F/-} ~ Efl Efl Efl Efl C'7 Efl ~ Efl ~ Efl O ~ C'7 O O O O O O ~ Efl O O J ~ Q H d O Efl ~ Efl ~ N M Efl S Efl O Efl N Efl ~ Efl 0 Efl H ~ 0 0 0 0 0 0 0 0 0 lf~ O lf~ 0 0 0 0 0 0 0 0 O O O O O O OO ~ O O N ~ I~ 0 0 0 0 0 0 0 0 J O O O ' N O N OO ~ O CO N OO 0 0 0 0 0 0 0 C1 Q O O C 7 CO N I~ C7 ~ ~ ~ CO ~ ~ ~ ' ' O O O ~ O C1 ~ ~ ~ M M O ~ M ~ O ~ ~ N ~ ~ C ' ) O O O Efl O C1 ~ U ~ C'7 Efl C'7 Efl ~ Efl ~ M CO C'7 Efl M Efl Efl ~ Efl Efl Efl Efl O Efl ~ Efl ~ Efl O Efl N Efl ~ Efl N O N Z ~ ~ N - ~ ~ ~ EA ~ 7 ~~ O O O lf~ 0 0 67 O lf~ lf~ O lf~ 0 0 0 0 0 0 0 ~ ~ ~J,J O O O N O N 67 O I~ O ~ M 0 0 0 0 0 0 0 i - U O O O C'7 ~ I~ N ~ C'7 ~ O CO O ~ O O O O O J ~ _ Z O O C'7 ~ ~ N Efl Efl Efl Efl ~ Efl ~ C'7 O O O ~ O Q N ~ ~ ~ C'7 C'7 Efl Efl Efl Efl O ~ O O O Efl O ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~; 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Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: March 29, 2011 SUBJECT: AGENDA ITEM 8.L.2 -REGULAR COMMISSION MEETING OF MAY 3, 2011 PURCHASE AWARD/SENSUS USA INC. ITEM BEFORE COMMISSION Approve a purchase award to Sensus USA Inc. in the amount of $241,540.00 for the purchase of small water meters. BACKGROUND The Public Utilities Department requested annual funding for the replacement of aging water meters with current year's budget allocation at $500,000.00. This award is for purchasing 3/4-inch and 1-inch size water meters. Most of these meters are approaching 10 years or greater in service life, thus have exceeded the manufacturers' recommended total metered flow for metering accuracy. Due to their age, inside components have deteriorated to the point where maintenance and service is no longer an option. Since their metering accuracy has diminished, there is the potential for loss of revenue. Sensus USA Inc. is the City's current vendor for water meters. This request is for water meters of the following quantity and size; 1,000 - 3/4" iPerl water meters at a unit cost of $100.10 each, and 1,000 - 1" iPerl water meters at a unit cost of $141.44 each, totaling $241,540. Per our active quote with Sensus (#18675, page 5 and 6), these meters are originally $107.25 (3/4") and $156.00 (1") per unit. This bulk purchase offers the City flexibility during installation, as well as discount pricing vs. ordering smaller quantities. The Sensus line of iPerl meters offers more flexibility than the previous models in terms of adaptability when considering various AMR technologies for future planning. Sensus Technologies, Inc. was given a purchase award in January 1998 for purchase of small water meters and touchread assemblies using a City of Cape Coral bid. The City now considers Sensus to be a sole source provider for maintenance and compatibility reasons. FUNDING SOURCE Funding is available from account account #442-5178-536-61.81, Water and Sewer Renewal & Replacement Fund/ Water Meter Replacement Program. RECOMMENDATION Staff recommends an award to Sensus USA Inc. in the amount of $241,540.00 for the bulk purchase of 2,000 small water meters. Majtenyi, Victor From: Majtenyi, Victor Sent: Wednesday, March 09, 2011 11:27 AM To: Majtenyi, Victor Subject: FW: Iperl Meters Attachments: image001.gif; Delray Beach. iPerl_config (2).pdf -----Original Message----- From: Solomon, Scott Sent: Wednesday, March 09, 2011 6:43 AM To: Majtenyi, Victor Subject: FW: Iperl Meters From: Meier, Anneliese [Anneliese.Meier@sensus.com] Sent: Tuesday, March 08, 2011 2:08 PM To: Solomon, Scott Subject: Iperl Meters Scott, The following meter pricing will go into effect on your next Iperl order: Iperl - 7 % laying length - $100.10 1" iperl - $141.44 These meters will include a Eft cable with a TR/PI_ attached. These are ANSI/NSF 61 Annex G Compliant Anneliese Meier Sensus USA Territory Manager, South Florida 813-784-5562 cell 800-METER-IT (800-638-3748) anneliese.meier(~sensus.com www.sensus.com acid:image001.gif(~01CBDD9A.457B9460~ 1 Page 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 15a1 Ardmore Bled 1-8fl0-Meterlt IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA www.sensus.com ~JA~~M~iN~~il ~~1iFll3~i~M4 I' 1' i~ I~ l~',,a!~~,; l IYIr l:ii' ~i1 il' I1~,l~a,hfi~' Bill to Customer: 196350 ATTENTION MR SCOTT SOLOMON DELRAY BEACH CITY OF 100 NW 1ST AVE DELRAY BEACH FL 33444 Salesman: METER ANNELIESE Terms: NET 30 DAYS Line 1 2 3 4 5 Description USA Part#: 5756596471907A METER 3/4"S SRII TRPL 1000 GALLON, 4 WHEEL 5A, P/DP BRONZE BOTTOM, BRONZE BONNET W/6' WIRE, SENSOR & HOUSING W/7.5" LL Part#: 5756596461904A METER 3/4"S SRII ECRWP 1000 GALLON, 4 WHEEL 5A, P/DP BRONZE BOTTOM, BRONZE BONNET W/7.5" LL, W/25 WIRE Part#: 5750896471902A METER 1" SRII TRPL 1000 GALLON 4 WHEEL 5A, P/DP BRONZE BOTTOM, BRONZE BONNET W/20' WIRE, SENSOR & HOUSING Part#: 5750896461912A METER 1" SRII ECRWP 1000 GALLON, 4 WHEEL 5A, P/DP BRONZE BOTTOM, BRONZE BONNET W/25' WIRE Part#: 5081095571901A METER 1-1/2" SR TRPL 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, SCREWED ENDS W/20' WIRE, SENSOR & HOUSING QUOTATION Your Quote Number: 18675 Reference: Ship to Customer: DELRAY BEACH CITY OF 100 NW 1ST AVE DELRAY BEACH FL 33444 Effective Date: 9/01/10 Expiration Date: 3/31/11 US Dollar Quantity U/M Unit Price 1 EA 96.340 1 EA 96.340 1 EA 116.100 1 EA 116.100 1 EA 249.210 Tlri~ ~~uotlticni i4 ;u~ offer to sell wluch uiclniles alul in subject to t7ie Sen~ua 14feteiii~ Syat~ua Tei7n~ of Sete at~tilible for ~~iewii~ a~iil do~~°iIloatlii~ at. httu, -~~tiiti~'.~eiL~u~,coui tc Plea; e contact C'uatomer Seitiice at 1-80038-3?~8 ifeou sue uili~ble to acce ~ tlu~ ~it.e quid regttire pivit.ed cc~~`~ of the Teim~ of Stile, Page 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 15a1 Ardmore Bled 1-8fl0-Meterlt IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA www.sensus.com your Quote Number : 18 675 ~JA~~M~iN~~il ~~1iFll3~i~M4 „~~~~~~ US Dollar I' 1' i~ I~ l~',~:~!~~,; l IYir l:ii' ~i1 it' I1~,l~a,hfi~' Line Description Quantity U/M Unit Price 6 Part#: 5081095561902A 1 EA 249.210 METER 1-1/2" SR ECRWP 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, SCREWED ENDS W/25' WIRE 7 Part#: 5081295571901A 1 EA 349.750 METER 2 SR TRPL 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, SCREWED ENDS W/20' WIRE, SENSOR & HOUSING 8 Part#: 5081290571901A 1 EA 349.750 METER 2" SR TRPL 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, FLANGED ENDS W/20' WIRE, SENSOR & HOUSING 9 Part#: 5081295561902A 1 EA 349.750 METER 2" ECR/WP 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, SCREWED ENDS W/20' WIRE 10 Part#: 5081290561902A 1 EA 349.750 METER 2" SR ECRWP 1000 GALLON, 5 WHEEL 4A ROCKSYN CHAMBER, FLANGED ENDS W/25' WIRE 11 Part#: 002 1 EA 45.010 SR & SRII TR/PL CONVERSION KIT 12 Part#: 005 1 EA 45.010 SR & SRII ECRWP CONVERSION KIT 13 Part#: 5191496031004 1 EA 416.760 METER 3" 125W FIRE HYDRANT DR GALLON, L/COUPLINGS Tlri~ ~~uotlticni i4 ;u~ offer to sell wluch uiclniles alul in subject to t7ie Sen~ua 14feteiii~ Syat~ua Tei7n~ of Sete at~tilible for ~~iewii~ a~iil do~~°iIloatlii~ at. httu, -~~tiiti~'.~eiL~u~,coui tc Plea; e contact C'uatomer Seitiice at 1-80038-3?~8 ifeou sue uili~ble to acce ~ tlu~ ~it.e quid regttire pivit.ed cc~~`~ of the Teim~ of Stile, Page 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 15a1 Ardmore Bled 1-8fl0-Meterlt IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA www.sensus.com your Quote Number : 18 675 ~JA~~M~iN~~il ~~1iFll3~i~M4 „~~~~~~ US Dollar I' 1' i~ I~ l~',~:~!~~,; l IYir l:ii' ~i1 it' I1~,l~a,hfi~' Line Description Quantity U/M Unit Price 14 Part#: 5171490000061 1 EA 289.270 STRAINER 3" BRONZE, W/CAPSCREWS & GASKETS 15 Part#: 7171890307001 1 EA 775.110 STRAINER 6" BRONZE 16 Part#: 5171890000067 1 EA 597.590 STRAINER 6" DUCTILE IRON W/CAPSCREWS & GASKETS 17 Part#: 5191990031001 1 EA 3,114.400 METER 8" W3500 TURBO DR GALLON, L/STRAINER 18 Part#: 5191990031051 1 EA 4,132.840 METER 8" W3500 TURBO DR GALLON W/DUCTILE IRON STRAINER 19 Part#: 5192090031051 1 EA 5,595.350 METER 10" W5500 TURBO DR GALLON W/DUCTILE IRON STRAINER 20 Part#: 5192090031001 1 EA 4,788.900 METER 10" W5500 TURBO DR GALLON, L/STRAINER 21 Part#: 5390653710028 1 EA 1,039.930 ACTPAK 1100D E-SRS TOTALIZER & FLOW INDICATOR 22 Part#: 510 1 EA 277.500 TURBO/SRH/PROPELLER HIGH SPEED PICK UP ADD ON TO METER PRICE 23 Part#: 504 1 EA 121.890 TURBO & COMPOUND TR/PL ADD ON TO METER PRICE Tlri~ ~~uotlticni i4 ;u~ offer to sell wluch uiclniles alul in subject to t7ie Sen~ua 14feteiii~ Syat~ua Tei7n~ of Sete at~tilible for ~~iewii~ a~iil do~~°iIloatlii~ at. httu, -~~tiiti~'.~eiL~u~,coui tc Plea; e contact C'uatomer Seitiice at 1-80038-3?~8 ifeou sue uili~ble to acce ~ tlu~ ~it.e quid regttire pivit.ed cc~~`~ of the Teim~ of Stile, Page 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 15a1 Ardmore Bled 1-8fl0-Meterlt IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA www.sensus.com your Quote Number : 18 675 ~JA~~M~iN~~il ~~1iFll3~i~M4 „~~~~~~ US Dollar I' 1' i~ I~ l~',~:~!~~,; l IYir l:ii' ~i1 it' I1~,l~a,hfi~' Line Description Quantity U/M Unit Price 24 Part#: 5390753780001 1 EA 76.510 MULTIREAD MODULE 8 CHANNEL 910-0008561 25 Part#: 53961537520017 1 EA 135.010 MXU 520R TRANSC UNIT SINGLE PORT, TOUCHCOUPLER PIT VERSION, 956 FREQUENCY 26 Part#: 53961537520037 1 EA 141.830 MXU 520R TRANSC UNIT DUAL PORT TOUCHCOUPLER PIT VERSION, 956 FREQUENCY 27 Part#: 5396135252002 1 EA 10.510 TOUCHREAD EXTENSION CABLE 3' FOR M520R, L/HOUSING ILL 89 AMR ACCESSORIES 28 Part#: 53907537490010 6 EA 761.690 40900 AUTO GUN COLOR DARK GRAY 910-0010136 29 Part#: 5390733749001 6 EA .000 AUTOGUN PITPROBE EXTENSION FOR AR4090 ONLY 910-0009448 30 Part#: 5381392161010 1 EA 5,010.560 3" LARGE PORTABLE TESTER 125W RESETTABLE ELECTRONIC REGISTER GALLON PER MINUTE/LITER W/ACCESSORIES, W/ TEST CURVE 31 Part#: T1 1 EA 635.240 METER 1-1/2" OMNI T2 TURBO 32 Part#: T2 1 EA 753.460 METER 2" OMNI T2 TURBO 33 Part#: T3 1 EA 938.900 METER 3" OMNI T2 TURBO Tlri~ ~~uotlticni i4 ;u~ offer to sell wluch uiclniles alul in subject to t7ie Sen~ua 14feteiii~ Syat~ua Tei7n~ of Sete at~tilible for ~~iewii~ a~iil do~~°iIloatlii~ at. httu, -~~tiiti~'.~eiL~u~,coui tc Plea; e contact C'uatomer Seitiice at 1-80038-3?~8 ifeou sue uili~ble to acce ~ tlu~ ~it.e quid regttire pivit.ed cc~~`~ of the Teim~ of Stile, Page 5 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1501 Ardmore Blvd 1-800-Meterlt IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA www.sensus.com omiar~tt~~iw Your Quote Number : 18 675 OVW9APA~ US Dollar Line Description Quantity U/M Unit Price 34 Part#: T4 1 EA 1,827.900 METER 4" OMNI T2 TURBO 35 Part#: T6 1 EA 3,290.830 METER 6" OMNI T2 TURBO 36 Part#: C1 1 EA 928.200 METER 1-1/2" OMNI C2 COMPOUND 37 Part#: C2 1 EA 1,071.000 METER 2" OMNI C2 COMPOUND 38 Part#: C3 1 EA 1,472.880 METER 3" OMNI C2 COMPOUND 39 Part#: C4 1 EA 2,356.200 METER 4" OMNI C2 COMPOUND 40 Part#: C6 1 EA 4,179.120 METER 6" OMNI C2 COMPOUND 41 Part#: F4C 1 EA 5,947.130 METER 4"OMNI F2 COMPACT LENGTH 42 Part#: F4 1 EA 6,175.900 METER 4" OMNI F2 STD LENGTH 43 Part#: F6C 1 EA 7,915.120 METER 6"OMNI F2 COMPACT LENGTH 44 Part#: F6 1 EA 8,021.930 METER 6" F2 OMNI STD LENGTH 45 Part#: MISC. 1 EA .000 SEE BELOW PARTS TO BE DISCOUNTED 20$ FROM CURR ENT PRICES, WITH FULL FREIGHT ALLOWED. ADD ON TO METER PRICE FOR 3 /4" TO 2" SRII & SR FOR RECLAIM - NO DRINK METER P ACKAGE EACH $3.00 iPERL METERS Tlu~ ~~uotat.ion it sul offer to cell ~sllich ulclnde alul is subject. t.a file Se1L~ua I~fet.elillg S~~~tenh Ternl~ oY Sale available Yor ~ier>tillg old Nowiiloadillg at ]lttl)~, ;'~ti1i~i.selL~n~,c~nurlc Please contact {'n5trnuer Selv~ice at 1-80ff~38 3?~8 if~~on ~u~e m~able to acce~~ tln~ site allil regiure ;~ 1)1i71te(t COl)~' OPtlle Te1711~ Of Sale, Page 6 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1501 Ardmore Blvd IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Sixth Floor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pittsf3ur~h, PA 15221 USA omiar~tt~~iw OVW9APA~ ~~n~~~ Line Description 1-800-Meterlt www.sensus.com Your Quote Number: 18675 US Dollar 5/8" 3/4" (9" LL) Solomon@ci.delray PHONE 561-243-730 FAX 561-243-7301 EACH $107.OE EACH $107.25 EACH $120.00 EACH $156.00 -beach.fl.us 9 FULL FREIGHT ALLOWED. FOB SHIPPING POINT. Quantity U/M Unit Price IF MODIFICATIONS IN METER MATERIALS OR PROCESSING ARE REQUIRED TO MEET NEW REGULATIONS, THE PRICING SUBMITTED IS SUBJECT TO IMMEDIATE CHANGE Thank you for your interest in quality products by Sensus. Current as of: 9/02/10 Correspondence: Purchase Orders: SENSUS SENSUS FRED RUSSELL PO BOX 487 7202 POLSTON COURT UNIONTOWN, PA 15401 FAIRVIEW, TN 37602 PHONE: 800-METER-IT 800-638-3748 FRED L. RUSSELL, Regional Sales Manager Tlu~ ~~uotat.ion it Sul offer to cell ~sllich ulclnde alul is subject. t.a file Se1L~ua I~fet.elillg S~~~tenh Ternl~ oY Sale available Yor ~ier>tillg old Nowiiloadillg at ]lttl)~, ;'~ti1i~i.selL~n~,c~nurlc Please contact {'n5trnuer Selv~ice at 1-80ff~38 3?~8 if~~on ~u~e m~able to acce~~ tln~ site allil regiure ;~ 1)1i71te(t COl)~' OPtlle Te1711~ Of Sale, SENSUS USA INC. -TERMS OF SALE Metering and Network Equipment, Network and Monitoring Services and Related Software 1. "Buyer" shall mean the party purchasing goods pursuant to these Terms of Sale 2. CONTRACT OF SALE. All Sensus goods and services are offered for sale subject to the prices and other terms specified in the applicable Sensus quotation, proposal or pricelist and these Terms of Sale ("Agreement"), and are subject to the correction of clerical errors. A Buyer's purchase order or similar writing shall constitute an acceptance of the offer to sell; however, any inconsistent, additional or different terms contained in a Buyer's request for quotation or purchase order are hereby objected to and rejected by Sensus, and will not become part of the contract of sale unless conspicuously stated, and specifically negotiated with and accepted in a writing signed by a vice president of Sensus. 3. ENTIRE AGREEMENT. The quotation, proposal or Buyer's purchase order, this Agreement, and any additional terms so accepted by Sensus in writing, constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, understanding or other communications, whether written or oral, formal or informal, between them. No consent, waiver, alteration, amendment, or modification shall be binding unless in writing and signed by both parties. 4. PRICES. All prices quoted are subject to change based on Sensus' selling prices in effect as of date of shipment, and are exclusive of Federal, state and municipal taxes. All taxes applicable to the transaction and required by law to be collected from Buyer by Sensus will be added to the invoice as a separate charge. Title and risk of loss to the goods shift to Buyer upon shipment. All goods are shipped F.O.B. shipping point. Prices quoted for blanket orders are subject to review and retroactive adjustment if necessary, based on actual quantities shipped. 5. CREDIT AND PAYMENT TERMS. Credit, payment and transportation terms shall be as stated on Sensus' invoice. If no terms are stated on Sensus' invoice, then Buyer shall pay Sensus within thirty (30) days of the date of the invoice. Buyer agrees to make prompt payment in accordance with payment terms. Sensus reserves the right to modify credit or payment terms at any time without prior notice to Buyer, and to require payment guarantees, security or payment in advance in Sensus' sole discretion. 6. PACKAGING. Sensus reserves the right to select the manner in which goods and equipment are packaged. Quoted prices include regular packing. Special requirements for packing will be subject to extra charges. 7. DELIVERY. Shipping dates and completion dates quoted by Sensus are made in good faith but are not guaranteed, and Sensus reserves the right to extend shipping dates as it deems necessary in its sole discretion, without liability to Buyer. In the absence of shipping instructions from Buyer, Sensus will use its discretion as to the selection of shipping services and routings. 8. FORCE MAJEURE. If Sensus becomes unable, either wholly or in part, by an event of Force Majeure, to fulfill its obligations under this Agreement, the obligations affected by the event of Force Majeure will be suspended during the continuance of that inability. The term "Force Majeure" as used in this Agreement means acts of God, hurricane, flood, volcano, tsunami, tornado, storm, tempest, vandalism, illegal radio frequency interference, strikes, lockouts, or other industrial disturbances, unavailability of component parts of any goods provided hereunder, acts of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, restraints or prohibitions by any court, board, department, commission or agency of the United States or any States, any arrests and restraints, civil disturbances and explosions. Any delays so occasioned shall affect a corresponding extension of Sensus' performance dates which are, in any event, understood to be approximate. 9. CANCELLATION. Orders acknowledged by Sensus may not be canceled or amended, or deliveries deferred, by Buyer except with Sensus' prior written consent, and then only upon such terms as shall be acceptable to Sensus. 10. WARRANTIES. The following Warranties shall apply: (a) Metering Equipment and Parts. Sensus warrants its water metering equipment as set forth in Appendix A. Sensus warrants its other goods and products, including without limitation, its gas meters, electric meters, network equipment and parts, (collectively, "Sensus Products") to be in compliance with their respective specifications under normal use and service, and to be free from defects in materials and workmanship for a warranty period of twelve (12) months from the date of the installation or eighteen (18) months from the date of shipment, whichever occurs first. These warranties do not apply to Sensus Products modified or repaired withcomponent parts or assemblies, including, without limitation, communication system component parts and assemblies, not certified by Sensus, or damaged, altered, improperly installed or otherwise subjected to misuse or improper storage, as determined by Sensus. The warranty period for new spare parts and components sold by Sensus is twelve (12) months from the date of shipment. The warranty period for repaired or refurbished parts repaired by Sensus is ninety (90) days from the date of shipment, unless repaired pursuant to a warranty, in which case the repair is warranted for the time remaining of the original warranty period. (b) Network and Monitoring Services. Sensus warrants that network and monitoring services ("Services") shall, at the time of acceptance, conform to the contract requirements, and shall be performed in a professional and workmanlike manner, free from defects in workmanship. (c) Software. Sensus' warranty for Software licensed to Buyer by Sensus shall be as set forth in the applicable software license. (d) ALL WARRANTIES SET FORTH IN THIS SECTION ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. BUYER ASSUMES SOLE RESPONSIBILITY FOR DETERMINING THAT THE SENSUS PRODUCTS, WATER METERING EQUIPMENT, SERVICES AND SOFTWARE LICENSES PURCHASED ARE SUITABLE FOR THEIR INTENDED APPLICATION AND USE. 11. BUYER'S REMEDIES. The following Remedies shall apply: (a) If any Sensus Product or water metering equipment (collectively, "Equipment") fails within the applicable warranty period, Sensus shall, at its option, either repair or replace the item of Equipment, or refund the purchase price thereof, provided, the Equipment item is returned to Sensus' designated receiving facility or agent, with transportation charges prepaid, and the Equipment item, upon examination, is found by Sensus not to conform to the warranty. No remedy shall apply to any items of Equipment modified or repaired with component parts or assemblies, including, without limitation, communication system component parts and assemblies, not certified by Sensus. SENSUS IS NOT LIABLE FOR ANY REVENUE LOST BY ANY UTILITY, MUNICIPALTY OR OTHER USER OF ELECTRICITY, GAS, OR WATER, AS APPLICABLE. (b) Buyer's remedy under the warranty for Services shall be, at Sensus' sole cost and expense, to correct or re-perform any defective or non-conforming Services to assure compliance with the contract requirements. (c) Buyer's remedy for software licensed to Buyer shall be as set forth in the applicable software license. (d) SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH LOST REVENUE OR WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE FOREGOING REMEDIES ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES FOR THE FAILURE OF EQUIPMENT, SERVICES OR LICENSED SOFTWARE TO CONFORM TO THEIR RESPECTIVE WARRANTIES. 12. INTELLECTUAL PROPERTY INDEMNITY. Sensus shall indemnify and hold harmless Buyer from and against any litigation instituted against Buyer by a third party which finds that the Equipment provided hereunder infringes upon the Intellectual Property of such third party. "Intellectual Property" shall mean patents, copyrights, and trademarks. Sensus shall have the right to select counsel in such proceedings and control such proceedings and shall be responsible for the legal costs thereof as well as any judgment rendered therein or settlement reached therein. Notwithstanding the foregoing, Sensus shall have no liability under this indemnity unless Buyer cooperates with and assists Sensus in any such proceedings and gives Sensus written notice of any claim hereunder within a reasonable time after receiving it. Further, Sensus shall have no liability hereunder if such claim is based upon any change, modification or alteration made to the Equipment by Buyer or any use of the Equipment other than as approved by Sensus. NOTWITHSTANDING THE FOREGOING, SENSUS ASSUMES NO LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, ARISING OUT OF ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT. EQUIPMENT MANUFACTURED TO BUYER'S DESIGNS OR SPECIFICATIONS ARE SOLD WITH NO WARRANTY AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. THE FOREGOING STATES BUYER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. 13. LIMITATION OF LIABILITY. (a) Sensus' aggregate liability in any and all causes of action arising under, out of or in relation to this agreement, its negotiation, performance, breach or termination (collectively "Causes of Action") shall not exceed the total amount paid to Sensus under this Agreement. This is so whether the Causes of Action are in tort, including, without limitation, negligence or strict liability, in contract, under statute or otherwise. (b) As separate and independent limitations on liability, Sensus' liability shall be limited to direct damages. Sensus shall not be liable for; (i) any indirect, incidental, special or consequential damages; nor (ii) any revenue lost by Buyer or by any utility from any end user that pays for the consumption of electricity, gas, or water, as applicable, irrespective whether such lost revenue is categorized as direct damages or otherwise. (c) The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement. They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law. 14. INTENTIONALLY OMITTED. 15. 15. RETURNS. No Equipment may be returned for credit or repair without the prior authorization of Sensus. Authorized return shipments must be returned in good condition to Sensus' designated receiving point, must be accompanied by a packing slip including Sensus' Return Authorization Number, and must have transportation charges prepaid. Correspondence concerning all returned goods should be addressed to the appropriate Sensus office. Sensus reserves the right to deduct an adequate service charge to cover all inspection, testing and handling from any credit. 16. REPAIRS. All repairs are made on an f.o.b. factory basis. All transportation charges for goods returned for repairs must be prepaid by the Buyer. 17. ASSIGNMENT. Buyer may not assign, transfer or delegate this Agreement or any part of Buyer's rights or duties hereunder without the prior written consent of Sensus. Any attempt by Buyer to assign or delegate any portion of this Agreement in violation of this Section shall be null and void. Sensus may assign this agreement, without the consent of Buyer, in the sole discretion of Sensus. 18. GOVERNING LAW. The Terms of Sale shall be governed, interpreted and enforced exclusively in accordance with the laws of the State of Florida, except for its conflicts of laws rules. 19. DISPUTE RESOLUTION. (a) Any and all Causes of Action (as defined in Section 13(a)) which cannot be resolved by negotiation between the parties shall be finally resolved by a court of law, sitting without a jury, in the courts of the State of Florida, and each of the parties irrevocably submits to the exclusive jurisdiction of such courts in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only in any such courts, and agrees not to bring any Causes of Action (as defined in Section 13(a)) in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and bargained agreement between the parties irrevocably to waive any objection to venue or to convenience of forum. (b) EACH PARTY TO THIS AGREEMENT HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY CAUSES OF ACTION (AS DEFINED IN SECTION 13(A)), WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. THE PARTIES AGREE THAT EITHER OF THEM MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT BETWEEN THE PARTIES IRREVOCABLY TO WAIVE TRIAL BY JURY AND THAT ANY PROCEEDING WHATSOEVER BETWEEN THEM RELATING TO THIS AGREEMENT OR ANY OF THE CONTEMPLATED TRANSACTIONS SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY. 20. THIRD PARTY MANUFACTURERS. In cases were Buyer requests or requires Sensus to deliver Equipment to a third party manufacturer (or any other third party), payment for such Equipment is due 30 days from delivery to such manufacturer or other third party, irrespective of how long it takes such third party to deliver the Equipment to Buyer. 21. SURVIVAL. The provisions of this Agreement that are applicable to circumstances arising after its termination or expiration shall survive such termination or expiration. 22. SEVERABILITY. In the event any provision of this Agreement is held to be void, unlawful or otherwise unenforceable, that provision will be severed from the remainder of the Agreement and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as possible; and the Agreement, as so modified, will continue to be in full force and effect. 23. SECTION HEADERS. Section headings are used in this Agreement for reference purposes only and shall not affect the interpretation or meaning of this Agreement. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri127, 2011 SUBJECT: AGENDA ITEM 8.L.3 -REGULAR COMMISSION MEETING OF MAY 3, 2011 CONTRACT AWARD/FOSTER MARINE CONTRACTOR'S, INC. ITEM BEFORE COMMISSION Staff is requesting Commission approvaUauthorization for Mayor to execute a contact with Foster Marine Contractor's, Inc. for the construction of improvements on SW 12th Ave/Auburn Ave/SW 14th Ave from SW 10th St to W Atlantic Ave. Contract amount is $1,586,019.82. P/N 2010-098. BACKGROUND Palm Beach County (County), Delray Beach (City) and Delray Beach Housing Authority (DBHA) entered into an Inter-local agreement dated 18 November 2008 through which the County would reimburse DBHA an amount not to exceed $1,000,000 for Carver Estates-SW 12th Avenue/Auburn Avenue reconstruction. SW 12th Avenue/Auburn Avenue and SW 14th Avenue are under the City's jurisdiction and an amendment to the interlocal agreement provides reimbursement of $1,000,000 to the City for improvements within this corridor. The interlocal agreement has a construction completion date of September 1, 2011. Improvements along this corridor include new pavement, micro-surfacing, curbing, parallel parking, drainage (including swales), water main upgrades, landscaping, decorative street lights (SW 1st St to W Atlantic Ave) and paver crosswalks. One bid was received for this project. Rosso Paving and Drainage, Inc., who did not submit a bid, did send an explanation that they could not meet the requirement that 60% of the work needed to be performed by the prime contractor (see attached document from Rosso Paving & Drainage, Inc.). Foster Marine Contractor's, Inc. submitted a base bid of $1,586,019.82. Attached is the Bid Tabulation along with Mathews Consulting's recommendation and a location map. FUNDING SOURCE Funding is as follows: 334-3162-541-68.04: $1,000,000.00 (PBCo Grant; CRA will be requested to provide funding to replace funds previously spent for additional design fees and advertising) 334-3162-541-68.04: $ 261,655.82 (CRA Inter-Local Agreement; pending amendment to interlocal agreement) 448-5461-538-68.04: $ 242,334.00 (After Transfer) 442-5178-536.68-04: $ 82,030.00 (After Transfer) Total: $1,586,019.82 RECOMMENDATION Staff recommends approval pending an amendment to the City's interlocal agreement with the CRA for the CRA to provide additional funding for design and construction expenses. MATHEWS CONSULTING March 5, 2011 cRVi~ ~~~~~~~~5 Mr. Tim Tack, P.E. Project Manager - ESDICRA CITY OF DELRAY BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 City of Delray Beach Project No. 2010-048 SW 12`h Avenue/Auburn AvenuelSW 14'h Avenue I3id Results (Bid # 2011-0111 Dear Mr. Tack: On Thursday, March 31, 2011, at 2;00 PM, bids were received by tl~e City of Delray Beach for the SW 12`h Avenue/Auburn AvenuelSW 14"' Avenue Project. One (1}bid was received as follows: Name of Bidder Amo~.nit of Bid Foster Marine Contractors, Inc. $1,586,019.82 It is important to note, that even thou only one {1}Contractor submitted a bid, the amount was within the range of the Engineer's Estimate of $1,534,013.00 - $1,687,415.00.00 We have reviewed the bid proposal submitted by the contt•aetor and have found no mathematical error's in the Base Bid. The Bid Tabulation Sheet is attached. The following summarizes our findings for the low bidder: F_vster Marine Contractor's, Inc. • Provided Letter of Eligibility. • Acknowledged Addendum No. 1. • Provided Bid Bond (5%). • No mathematical errors on the Schedule of Bid Prices for the Base Bid. + Provided Contractor Questionnaire. • They have been pre-qualified by the City for Roadway Construction, Paving & Underground Utilities, • Company is based in West Palm Beach, Florida. It should be noted that Foster Marine Contractor's has been pre-qualified by the City of Delray Beach for "Roadway Work" "Paving" and "Underground Work" through a separate submittal process. As such, our review of the bid proposals only considered the technical evaluation of the Proposal and Bid Forms. Therefore based on our review of the Proposal and Bid Forms, Mathews Consulting -•ecommends award of the contract to Foster Marine Contractors, Inc. in the amount of 51,586,019.82. €~athews Consulting, [nc., 477 S. Rosemary Avonuo, Suite 330, Wost Palm Beach, Florida 33401 Pt~ona: 569-655-6975 0 Fax: 561-655-6179 w4vw.mathewsconsuitinginc.com if you have any questions regarding the information presented, please contact us at 561-655-6175. Sincerely, MATMWS CONSULTING, idVC, David L. Mathews, P.E. Vice President enclosure cc: Richard Hasko, Delray Beach (w/enclosure} Randal Krejcarek, Delray Beach (wfenclosure) Rafael Ballestero, Defray Beach (~v/enclosure) Rebecca Travis, MC (w/enclosure} MC File No, 15~~t Mathaws Consulting, Ine„ 477 5. 12osomary Avenue, Suite 330, West Palm Roach, Florida 33A01 €'hono: 561-655-6175 ® Fax: 561-655-&179 ww~v.mathewsconsultinalnc.com 2 Maintenance of TrafFc 1 LS $19,000.00 $19,000.00 3 As-Built Retard Drawings 1 LS $25,600.00 $25,640.00 4 NPDES Permit! Erosion Control 1 L5 $6,400.00 $6,400.00 5 ]ndemnification 1 LS $10.00 $10.00 6 Pro'ect Identification Sin 2 3;A $1,100.00 $2,200.00 DEMOLITION 7 Clearin and Grubbing, Demolition & Dis osal 1 LS $28,500.00 $28,500.00 8 Remove Existing Inlet 1 EA $700.00 $700.00 9 Remove Existin Concrete Driveway within RO 1,705 SY $9.00 $15,345.00 10 Remove Existing As halt Drivewa within RO 900 SY $9.00 $8,100.00 11 Remove Existin Curh within RO 270 LF $7.00 $1,890.00 12 Remove F~cistin Sidewalk (within RO 2,200 LF $7.00 $15,400.00 13 Remove Existin Drivewa !Parking Area outside RO 26 EA $1,200.00 $31,200.00 14 Remove Existin Pavement Section as halt and raadbase -varying thickness) 790 SY $9.00 $7,110,00 ROADWAY AND DRAINAGE 15 1-112" Type S-3 Asphalt 2 lifts) incl. tack coat) 825 SY $15.00 $12,375.00 16 8" Limerock Base includes prime coat 1,150 SY $20.00 523,000.00 17 12" Stabilized Subgrade 1,450 SY $5.00 $7,250.00 18 Crack Seal 600 GAL $18.00 $10,800.00 19 Rut Filling 55 TN $225.00 $12,375.00 20 Type 11 double Course MicroSurfacing 14,275 SY $4.25 $60,66$.75 21 T pe S-lll Pavement Overbuild 121 TN $185.00 $22,385.00 22 F]owable Fill 40 CY $120.00 $4,800.00 23 O en Cut Pavement Re air 1,300 LF $30.00 $39,000.00 24 4' Wide 4" thick Concrete Sidewalk wl sidewalk curb 35 LF $10.00 $350.00 25 5' Wide 4" thick Concrete Sidewalk (within ROW) 4,750 LF $13.00 $61,750.00 26 5' Wide 6" thick Concrete Sidewalk within RO 425 LF $17.00 $7,225.00 27 Curb Ramps w! tactile surface 38 EA $600.00 $22,800.00 28 Paver Cross-walk at intersection tom late 8 EA $7,300.00 $58,400.00 29 Paver Cross-waEk (Special Emphasis tom [ate 7 EA $7,350.00 $51,x50.00 30 Stamped Asphalt Concrete Cross-walk repair at Atlantic Avenue 1 LS $16,000.00 $16,000.00 31 Bus Shelter Pad 8( thick) 45 SY $69.00 $3,105.00 32 Valley Gutter 1,350 LF $20.00 527,000.00 33 T e D Gurb 25 LF $24.00 $600.00 34 T e F Curb 3,050 LF $20.00 $61,000.00 35 Concrete InletApran 3 EA $600.00 $1,800.00 36 Remove existing frame and grate ~ replace with Type F hooded frame and grate 1 EA $2,100.00 $2,100.06 37 Remove existin frame and rate & re lace with Manhole Top , 2 EA $1,700.00 $3,400.00 38 T pe C Drains a Inlet 8 F~ $2,100.00 $16,800.00 39 = e E Drains a Inlet 13 EA $2,900.00 $37,700.00 40 4' Dia. Storm Manhole 3 FA $2,500.00 $7,500.00 41 7` Dia. Storm Manhole 1 EA $3,900.40 $3,900.00 42 15" RCP 60 LF $39.00 $2,340.00 43 18" RGP 2,025 LF $44.00 i $$9,100.00 44 24" RCP 520 LF $79.00 $41,080.00 45 36" RCP 32 LF $102.00 $3,264,00 46 Connect to Existing Drainage with Collar 3 EA $1,850.00 $5,550.00 47 Connect to F.xistin Drains e Core inlet 1 FJI 52,200.00 $2,200.00 48 Connect to Existing Drains a (Remove plu 1 EA 52.500.00 $2.500.00 49 Restore Front Lots Affected b Parallel Parkin outside RO 26 E.A $1,550.OQ $40,300.04 50 Replace 5' Wide (4" thick) Goncrete Sidewalk (outside ROW, rtiithin front of got) 950 LF $18.00 $17,1 OD.00 51 As halt Drivewa Apron Re lacement 600 SF $3.50 $2,100.00 52 Concrete Drivewa Apron (6" thick) 3,050 SF 53.50 $10,675.00 53 Painted Gancrete driveway A ron 6" thick 495 SF $8.00 $3,960.00 54 Decorative Concrete Drivewa Apron 6"thick 130 SF $18.00 $2,340.00 55 Swale Grading 6,600 SY $3.50 $23,100.00 56 6' Chain Link Fence 35 LF $40.00 $1,400.00 57 Stop Conditions 5 EA $175.00 $875.00 58 Pavement Markin sand Si Wage 1 LS $21,000.00 $21,000.00 ALLEY PARKING AREAS 59 Clearin ,Grubbing ,Demolition and Disposal of Parking Areas 23 EA $210,00 $4,830.00 60 1-112" T pe S-3 As halt 2 I'tfts (incl. tack coat 2,600 SY $16.00 $41,600.00 61 8" Limerock Base includes prime coat 2,600 SY $19.00 $49,400.00 62 12" Stabilized Subgrade 2,645 SY $5.00 $13,225.00 63 T e D Curb 1,380 LF $15.50 $21,390.00 64 Wheel Stop 92 EA $82.00 $7,544.00 65 5' Wide 4" thick Concrete Sidewalk 690 LF $12A0 $8,280.00 66 Pavement Markings 23 EA $31.00 $713.00 WATER MAIN 67 6" DIP WM RJP 100 LF $88.00 $8,800.00 68 8" DlP WM (RJP} 50 LF $104.00 $5,200.40 69 6" Gate Valve 1 EA $950.00 $950.00 70 8" Gate Valve 1 EA $1,300.00 $1,300.00 71 6" Linestop 4 EA $5,300.00 $21,200.00 72 8" Linestop 2 EA $5,200.00 $10,400.00 73 Fire: H drant Assembl incl. 6" Gate Valve 2 EA $4,800.00 $9,600.00 74 Relocate Existin Fire Mydrant incl. new 6" Gate Valve 2 EA $3,350.00 $fi,700.00 75 Remove Existing WM (6" and 8' 120 LF $14.00 $1,680.00 76 Relocate Water Service and Re lace Meter Box 18 FP, $900.00 $16,200.00 LANDSCAPING AND IRRIGATION 77 Gumbo Limbo -14'-15' X 8'-9 ; 6' Clear Trunk; 4112" Cal. 23 EA $260.00 $5,980.00 93 Decorative Li ht Pole Assembl -Complete 7 EA $5,500.00 $38,500.00 94 Conduit PVC Sch 40 , Include Whin 1 LS 531,000.00 531,000.00 ALLOV11A1~ICES 95 Professional Video Allowance 1 LS $4,000.00 $4,000.00 96 Unforeseen Conditions Allowance 1 LS $50,ODD.00 $50,OOD.00 97 Irrigation Allowance - SW 3rd St. to SW 4th St. (East Side Cni 1 LS $7,5130.00 $7,500.00 98 In'i ation Allowance - SW 4th St. to Auburn Dr. East Side Onl 1 LS $11,500.00 $11,500.00 99 [rri ation Al[owance ~ SW 8th St. to SW 1 Dth St. (West Side On[ 1 LS $4,500.00 $4,500.00 TOTAL IT1=MS 1-99 (BASE BID) I $1,586,019.82 ALTERNATE 81D ITEM 28A Stri ed cross-walks at intersections 8 EA $400.00 ~ $3,2D0.00 29A S ecia[ emphasis stri ed Cross-walks 7 EA $800.00 $5,600.D0 pEDUt:T TO SASE BID 5701,050A0 Bond 5% YES Addendum No.1 YES Letter of Eligibiiity YE5 I Mathematical Error € 04/15/2011 07:37 567.6888118 RflSStI PAVY~IG & ARAZN P,~.V~N~ ,A-.GE, ANC 35U Martin Lame Phone: 561-688-0288 West Palm 8c~ach, F! 33413 Fax: 56i- 6$$-0118 Email: Rossopavin aal.cam FACSIMILE 1'RANSMI7"fAE SHEET PAGE 01102 ATTENTIO~f: FROiN; FnX; / ~ TOr~i. N0. 4~ PAGF$, [NCLUOING COVi"R: r/ ~ ~. ~ [~ Pl-1QNF. NULM~9~R: R~: -- -- - CI uRCyt:NT ~ FdR REVIEW Cl 1•'t.EASik CQMMEf~T ~ PLEASE REPLY ^ PLEAS6 Rf=CYCLE NoT~sicoM~nE~v~rs: H4/1512011 07:37 5616880118 R~SSO PAt1ING & DRAIN PAGE 02f02 Q#'~X O~ ~~~,~4Y !~~'A'r~Me#~7" ®~ Na Bites If you are rtat bfdBfng ero tats i~;rvtcaicoEnmOdlty, ptease complete and retUlr ihls iprm to: City of Defray Beach F'urChasing b~parfmant, 100 MN 16{Avenue, belay Beach, FlprtdFi 334Ad. FAl1tJTC t0 rPfipOrid rltdy TC45U~ in dAlotlfln fli Var1B61'A narti@ frosts the quAltifnd bft![tet'p flak for thv City ai Delray 6saoh. 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Y ~ 1 }.y ~M .iii... ,~ ~ f j ~ _ ' { i e ~~ x'M y i J~ j ~ ~ ~dA i ~ ~ q ~ 1 r r } ~ '.9I ~ ~ 1v ~ `~ ' ,: r ~ ~, ~ ~rr 9~ ~ ~ i x , ~ _ I i i i ~ '4 k 4 r ~ ~ ^ ~ ~ i' ~ ~~ ~ " ~ ~ dux ~ ~ 7 ~«v , ~ ,~ i ,, ~ g i ~,, ~ ~ ~ „~ , ,. ,4 , -. ~ : ~ n . i ~ '# ~ F ~ 1 _. Ij; ~ ~ ,y f ~, ~ 7 •~ ^ 444 =a ~ ~ ® Qo ~ - m ~-~0 O Q~ ~ ~-~ W~ ou ~ a. MEMORANDUM TO: Mayor and City Commissioners FROM: Candi N. Jefferson, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: Apri127, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MAY 3, 2011 CONDITIONAL USE REQUEST/ VETERANS OF FOREIGN WARS (VFW) POST 4141 ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use request to establish a fraternal lodge for Veterans of Foreign Wars (VFW) Post 4141 within an existing 2,783 sq. ft. commercial building in the GC (General Commercial) zoning district, pursuant to LDR Section 2.4.5 (E). BACKGROUND The subject property is located at the southwest corner of SE 8th Street and SE 5th Avenue (802 SE 5th Avenue). It contains 0.6648 acres (28,959 sq. ft.) and a 2,783 sq. ft. commercial building with 43 existing parking spaces and associated landscaping. The site was developed in 1976 as a commercial property for restaurant use. This use has continued since the most recent owner (Arlette's Kitchen) vacated the property in late November 2010.The request is to establish a fraternal lodge with restaurant facilities. The existing fraternal organization (ONeal Priest Post #4141) is currently located on the east side of SE 2nd Avenue, south of East Atlantic Avenue (5 SE 2nd Ave). The current location has been Commander Post 4141 for the Veterans of Foreign Wars of the United States since its construction in the early 1940's. The proposed hours of operation are from llam to llpm seven (7) days a week. The existing seating capacity is approximately 75 persons. However, proposed interior seating modifications will increase the seating capacity to 115 persons. The number of employees will be zero. The restaurant will be staffed by volunteers only. The restaurant will be open regularly to the general public for Sunday brunch and Wednesday night dinner. On-site beverage sales will include beer, wine, liquors and sodas. Other on-site activities will include semi-annual thrift sales of donated items, occasional bingo games and other fundraising activities as deemed necessary to provide for the welfare of veterans. The social hall will be rented for special events as needed by the general public.The proposed use falls within the category of clubs and lodges (social, fraternal and recreational) and requires conditional use approval in the GC (General Commercial) zoning district. The applicant has proposed no modifications to the exterior of the building, landscape areas or parking areas. REVIEW BY OTHERS The Planning and Zoning Board considered the conditional use request for VFW Post 4141 on Apri125, 2011, and recommended approval to the City Commission, subject to conditions. RECOMMENDATION Move approval of the conditional use request to establish a 2,783 sq. ft. fraternal lodge for VFW Post 4141 located at 802 SE 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That all activities occur indoors, including but not limited to the semi-annual thrift sale. 2. That either the parking reduction be approved or other alternative parking options be pursued. 3. That any deteriorated landscaping, irrigation systems and landscape island curbing shall be reinstalled to comply with the approved landscape plan for the site. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST TO ALLOW CONVERSION OF A 2,783 SQUARE FOOT RESTAURANT TO A FRATERNAL LODGE FOR VFW POST 4141 AT THE SOUTHWEST CORNER OF SE 8T" STREET AND SE 5T" AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on May 3, 2011. The conditional use request is to allow conversion of a 2,783 square foot restaurant to a fraternal lodge for VFW Post 4141 at the southwest corner of SE 8t" Street and SE 5t" Avenue. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of VFW Post 4141. All of the evidence is a part of the record in this case. Required findings are made in Sections I and II below. COMPREHENSIVE PLAN A. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (PLUM) designation of General Commercial (GC) and a zoning designation of General Commercial (GC), which are consistent with one another. Pursuant to LDR Section 4.4.9(D)(5), Fraternal Lodges are allowed as a conditional use within the GC zoning district. Are the requirements of the Future Land Use Map met? Yes No B. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. 1 Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No C. Consistency: Compliance with performance standards set forth in Chapter Three and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the Objectives and Policies of the adopted Comprehensive Plan was conducted and no applicable Objectives or Policies were found. Are the consistency requirements met such that the proposed project is complementary to and compatible with adjacent land uses and the beneficial aspects of the project outweigh the negative impact of identified points of conflict? Yes No II. LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No B. LDR Section 4.4.9(D)(5) -Fraternal Lodges: Pursuant to LDR Section 4.4.9(D)(5), Fraternal Lodges are allowed as conditional uses provided that the use does not exceed 3,500 sq. ft. of gross floor area. The proposed use will occupy 2,783 sq. ft. of gross floor area. Are the requirements of Section 4.4.9(D)(5) met? Yes No C. LDR Section 4.4.9(H)(5) -Separation Requirement: Pursuant to LDR Section 4.4.9(H)(5), no clubs and lodges (social, fraternal and recreational) or church or 2 places of worship shall be located closer than seven hundred fifty feet (750') from another such facility measured from lot line to lot line boundary along a straight airline route. The location of the proposed fraternal lodge is not within 750' of another such facility. Are the requirements of Section 4.4.9(H)(5) met? Yes No D. LDR Section 4.6.9(C)(6)(d) - Parking: Pursuant to LDR Section 4.6.9(C)(6)(d), Parking for clubs and lodges shall be one (1) space for every four (4) seats or one (1) for every 50 sg. ft. of gross floor area, whichever is greater. Based upon a seating capacity of 115 persons, the parking requirement would be twenty-nine (29) spaces. Based upon the existing 2,783 sq. ft. of gross floor area, the parking requirement would be fifty-six (56) parking spaces. Since forty-three (43) spaces exist on-site, there would be a thirteen (13) space parking deficiency, if the greater of the calculations is utilized as indicated. The applicant is requesting a special action parking reduction consideration pursuant to LDR Section 4.6.9(F)(1). The applicant is requesting a reduction in parking based upon special documentation that demonstrates that a reduced number of parking spaces will accommodate the specific use. It is noted that the building layout has an inordinately high area of non-public space (non-meeting space) totaling approximately 50% (1,392 sq. ft.) of the gross floor area. If only the meeting space was assessed, the one (1) space per 50 sq. ft. requirement of twenty- eight (28) spaces would be similar to the alternative calculation of one (1) space for every four (4) seats (29 spaces). As the intent of the one (1) space per 50 sq. ft. calculation is to accommodate open assembly areas where chairs would be set up (rather than conventional seating arrangements as proposed), it is reasonable to apply either the fixed seating count of twenty-nine (29) spaces or the reduced sq. ft. of actual meeting area (27 spaces) in this scenario. Are the requirements of Section 4.6.9(C)(6)(d) met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 3 5. Based on the entire record before it, the City Commission approves denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Order this 3rd day of May 2011, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 4 EXHIBIT "A" Conditions Related to VFW Post 4141 1. That all activities occur indoors, including but not limited to the semi-annual thrift sale. 2. That either the parking reduction be approved or other alternative parking options be pursued. 3. That any deteriorated landscaping, irrigation systems and landscape island curbing shall be reinstalled to comply with the approved landscape plan for the site. 1 PLANNING ~--N ®NING ®~-R~ C1Tl~ ®F DELFZ~-Y 1~EACH ---STa4FF I~EP®RT--- IVIEETING DATE: April 25, 2011 STEM: Conditional use request to allow the Veterans of Foreign Wars (Post 4141} to establish a fraternal lodge with restaurant facilities within an existing commercial building located at the southwest corner of SE 5th Avenue and SE 8th Street (802 SE 5th Avenue). GENERAL DATA: ApplicantlAgent ..................... Simon and Schmidt Owner ................... ............. Location .................... .................. Property Size ............ .................. Existing Floor Area ... .................. Proposed Floor Area ................... Current Zoning .......... .................. Proposed Zoning ...... .................. Adjacent Zoning ........ ........North: East: South: West: Current FLUM ........... ................. Proposed FLUM ....... ................. Existing Land Use ..... ................. Proposed Land Use .. .................. Water Sep-vice ......... ................ Sewer Service ......... ............... Arlette Pietri Southwest corner of SE 8th Street and SE 5tt' Avenue 0.6648 acres (28,959 sq. ft.) 2,783 sq. ft. No Change GC (General Commercial) No Change GC (General Commercial) GC (General Commercial) GC (General Commercial) R-1~A (Single Family Residential) GC (General Commercial) No Change Restaurant Fraternal Lodge with restaurant facilities Existing an site Existing on site 1 - II ~ -_ --- BTH ST. -- a a S.E. ~ -- _. ~ ~ yy N K ~ V F ~ - ~ ~ ~; S.C. 9T. -._ -_ ~ --- - I ~~ ~ ~ ~ .._....~_ __ r.___~ Y 2 sni sr. ~ ~~,~ .. - - ~ -~ -^ _..~-. ~ ~ E .. S.E. 10T3i ST. _ ~ ~ - p 3 _. J ......... _.,__ -----{-_ _....~---...._ ~`.f_ .. ~ ~ -~- ITEM BEFORE THE BOARD The item before the Board is making a recommendation to the City Commission on a request for conditional use approval to establish a Fraternal Lodge to be known as VFW Post 4141, pursuant to Land Development Regulations {LDR) Section 2.4.5(E}. The subject property is located at the southwest corner of SE 8t~' Street and SE 5~h Avenue and is zoned General Commercial {GC). BACKGROUND The subject parcel contains 0.6648 acres (2$,959 sq. ft.} and a 2,783 sq. ft. commercial building with 43 existing parking spaces and associated landscaping. The site was developed in 1976 as a commercial property for restaurant use. This use has continued since the most recent owner {Arlette's Kitchen) vacated the property in fate November 2010. The applicant recently acquired the subject property for conversion of use. The existing fraternal organization (O'Neal Pries# Post #4141) is currently located an the east side of SE 2n~ Avenue, south of East Atlantic Avenue {5 SE 2n~ Ave}, The current location has been Commander Post 4141 for the Veterans of Foreign Wars of the United States since its construction in the early 1940'x. PROJECT .DESCRIPTION The request is to establish a fraternal lodge with restaurant facili#ies. The VFW (Veterans of Foreign Wars} mission is to foster camaraderie among United States veterans of overseas conflicts and to serve our veterans, their families and our communities. The proposed hours of operation are from 11 am to 11 pm seven (7) days a week. The existing seating capacity is approximately 75 persons. However, proposed interior seating modifications will increase the seating capacity to 115 persons. The number of employees will be zero. The restaurant will be staffed by volunteers only. The restaurant will be open regularly to the general public for Sunday brunch and Wednesday night dinner. On-site beverage sales will include beer, wine, liquors and sodas. Other an-site activities will include semi-annual thrift sales of donated items, occasional bingo games and other fundraising activities as deemed necessary to provide far the welfare of veterans. The proposed use falls within the category of clubs and lodges (social, fraternal and recreational) and requires conditions! use approval in the GC (General Commercial) zoning district. The applicant has proposed no modifications to the exterior of the building, landscape areas or parking areas. Consideration of the proposed conditional use is now before the Board for action. CONDITIONAL`USE ANALYSIS' REQUIRED FINDINGS (Chapter Three}: Pursuant to LDR Section 3.1.1 {Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record, Phis may be achieved through information on the application, the staff report, or Planning and zoning Board f Report of April 25, 2011 Veterans of Foreign Wars (VFW) Post 4941 -Conditional Use Request for a Fraternal Lodge Page 2 minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas, FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (PLUM) designation of Genera[ Commercial {GC) and a zoning designation of General Commercial (GC}, which are consistent with one another. Pursuant to LDR Section 4.4.9(D)(5), Fraternal Lodges are allowed as a conditional use within the GC zoning district. Thus, positive findings can be made with respect to PLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy, These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The conversion of the exis#ing 2,783 square foot commercial building from a restaurant to a Fraternal Lodge will not have a significant impact on the levels of service. As described in Appendix "A", a positive finding of concurrency can be made with respect to Water and Sewer, Streets and Traffic, Parks and Recreation, Open Space, Solid Waste, Drainage, or Schools. CONSISTENCY: Compliance with performance standards set forth in Chapter Three and required findings in LDR Section 2.4.5(E} (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the Objectives and Policies of the adopted Comprehensive Plan was conducted and no applicable Objectives or Policies were found. LDR SECTION 2.4.5 E -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E} (5), in addition to provisions of Chapter Three, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b} Hinder development or redevelopment of nearby properties. The following table indicates the zoning and land use of the properties surrounding the subject property: ~ Adjacent zor~irtg ` ~ Ac1 acor~t Lailcl Use North General Commercial GC Clovis Mana ement Services Souffi General Catnmercial GC Finish Master Automotive & Industrial Paint `East General Commercial GC BOA Drive-thru facilit & 5 Avenue Gril! West Multi le Famil Residential R-1-A Two 2 Sin le Famil Residences Planning and Zoning Board f Report of April 25, 2019 Veterans of Foreign Wars (VFW) Post 411 -Conditional Use Request for a Fraternal Lodge Page 3 As the proposed Fraternal Lodge wilt occupy an existing building that has coexisted with the adjacent properties for over 35 years, there are no changes in circumstances that should negatively affect the adjacent properties so long as all activities are conducted indoors. As a condition of approval, all activities must be conducted indoors, pursuant to LDR Section 4.6.6. This will include all activities including but not limited to the semi-annual thrift sales events and other fundraising activities. This is required by the LDRs and necessary to protect against any negative visual and audible impacts on the adjacent properties. If this condition is adhered to, the proposed use will not hinder development or redevelopment of nearby properties. Based on the above, a positive finding can be made with regard to criteria listed in LDR Section 2.4.5(E)(5}, provided the condition of approval that all activities maintain indoors is met. COMPLIANCE UVITH LAND DEVELOPMENT REGULATIONS: LDR Section 4,4.9{D}(5} -Fraternal Lodges; Pursuant to LDR Section 4.4.9(D}(5), Fraternal Lodges are allowed as conditional uses provided that the use does not exceed 3,500 sq. ft. of gross floor area. The proposer! use will occupy 2,783 sq. ft. of gross floor area. Thus, this requirement is met. LDR Section 4.4.9{H}{5} -Separation Requirement; Pursuant to LDR Section 4.4.9(H)(5), no clubs and lodges {social, fraternal and recreational) or church or places of worship shall be located closer than seven hundred fifty feet {750') from another such facility measured from lot line to lot line boundary along a straight airline route. The location of the proposed fraternal lodge is not within 750` of another such facility, thus this LDR requirement is met. LDR Section 4.6.9[C){6}{d} -Parking: Pursuant to LDR Section 4.6.9(C}{6)(d}, Parking for clubs and lodges shall be one {1) space for every four (4} seats or one 1 far ever 50 s ft. of ross floor area whichever is greater. Based upon a seating capacity of 115 persons, the parking requirement would be twenty-nine (29) spaces. Based upon the existing 2,783 sq. ft. of gross floor area, the parking requirement would be fifty-six (56) parking spaces. Since forty-three (43) spaces exist an-site, there would be a thirteen {13) space parking deficiency, if the greater of the calculations is utilized as indicated. The applicant is requesting a special action parking reduction consideration pursuant to LDR Section 4.6.9(F)(1). The applicant is requesting a reduction in parking based upon special documentation that demonstrates that a reduced number of parking spaces will accommodate the specific use. 1t is noted that the building layout has an inordinately high area of non-public space (non-meeting space) totaling approximately 50% (1,392 sq. ft.) of the gross floor area. if only the meeting space was assessed, the 1 space per 50 sq. ft. requirement of 28 spaces would be similar to the alternative calculation of 1 space for every 4 seats (29 spaces). As the intent of the 1 space per 50 sq. ft. calculation is to accommodate open assembly areas where chairs would be set up (rather than conventional seating arrangements as proposed), it is reasonable to apply either the fixed seating count of 29 spaces or the reduced sq. ft. of actual meeting area (27 spaces) in this scenario. Given the circumstances specific to this site, staff would recommend approval of the special action parking reduction request. Final action on the parking reduction request can be approved by the Site Plan Review and Appearance Board (SPRAB) taking action on the related Class III site plan modification associated with the change of use. Planning and Zoning Board .f Report of April 25, 211 Veterans of Foreign Wars {VFW) Post 4141 - Conditional Use Request for a Fraternal Lodge Page 4 Landscape Improvements: The conditional use request does not propose to make any changes to the approved landscape plan for the site. However, existing landscaping, irrigation and curbing conditions have been evaluated by the City Horkiculturalist. The applicant shall reinstall any deteriorated landscaping, irrigation systems and landscape island curbing to comply with the approved landscape plan for the site. The proposed development can be found in compliance with applicable requirements of LDR section 4.6.16, once the aforementioned condition of approval has been addressed. -REVIEW BY OTHERS' The subject property is not located within a geographical area requiring review by the Downtown Development Authority (DDA) or Historic Preservation Board (HPB). Community Redevelopment Agency {CRAj: At its meeting of March 24, 2011, the CRA reviewed the proposed site plan far VFW Past 4141 and recommended approval. Courtesy Notices; Courtesy notices have been provided to the following homeowner's andlor civic associations which have requested notice of developments in their areas: ^ Neighborhood Advisory Council ^ Delray Citizen's Coalition ^ Domain Delray ^ Harbourside ^ Churchill ^ Barton Apartments ^ Banyan Tree Village *~ Delray Beach Harbour Club E View Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND G4NCLUSIQN The proposed establishment of a Fraternal Lodge will not generate nuisances to the adjacent commercial spaces or the surrounding properties, provided that all uses occur indoors. Pending compliance with the condition of approval that all activities be maintained indoors, positive findings can be made with LDR Section 2.4.5(E)(5) regarding the compatibility of the proposed development with the surrounding properties. While the proposed use will have a parking deficiency of 13 spaces, the special action parking reduction can be supported due to the fact that approximately half of the gross floer area encompasses areas that are not assembly area and the development meets the mare applicable requirement of the LDRs. if the reduction is not approved, then other parking alterations must be pursued including but not limited to off site parking agreements. Planning and honing Baard f Report of April 25, 2011 Veterans of Foreign Wars (VFW) Post 4141 -Conditional Use Request for a Fraternal Lodge Page 5 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval of the conditional use request to allow far the establishment of an Frafernal Lodge for VFW Post 4141, by adopting the findings of fact and law contained in the staff report, and fnding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{E}{5), 4.4.9(D)(5) and Chapter Three of the Land Development Regulations, subject to the attached conditions. C. Move a recommendation of denial of the conditional use request to allow for the establishment of an Fraferna! Lodge for VFW 4141, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E}(5), 4.4.9(D){5) and Chapter Three of the Land Development Regulations. RECOMMEIVDE©'ACT[ON Move a recommendation of approval of the conditional use request #o allow far the establishment of a Frafernal Lodge for VFW 414'!, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{E) (5), 4.4.9(D)(5} and Chapter Three of the Land Development Regulations with the following conditions: 1. That all activities occur indoors, including but not limited to the semi-annual thrift sale. 2, That either the parking reduction be approved or other alternative parking options be pursued. 3. That any deteriorated landscaping, irrigation systems and landscape island curbing shall be reinstalled to comply with the approved landscape plan for the site. Attachments: ^ Location Map ^ Boundary Survey ^ Existing Floor Plan ^ Proposed Floor Plan Planning and Zoning Board F Report of April 25, 2011 Veterans of Foreign Wars (VFW) Post 4941 -Conditional Use Request far a Fraternal Lodge Page 6 APPENDIX A CONCURRENCY 1=INDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or #o require the provision of, needed capital improvements for the following areas: Water and Sewer: Water and sewer services are on-site and accommodate the existing bathroom facilities interior to the building. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standards. Traffic: The trips generated by the fraternal lodge will be less than 200 ADT, and thus, will not have a significant impact in the adjacent road network. Parks and Recreation Facilities: Park and Recreation requirements do not apply for non-residential uses. Solid Waste: Trash generated by the existing restaurant use is 34.648 tons of solid waste per year. The trash anticipated to be generated by the proposed 2,783 sq. ft. fraternal lodge is equivalent to 16.419 tons of solid waste per year. This will result in an 18.229 ton decrease in solid waste each year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2031, thus a positive finding with respect to this level of service standard can be made. Schools; School concurrency findings do not apply far non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drains e: Drainage is accommodated on-site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. ~~~Q~~d ~.t. 7TF-f w- ~r i ~ ~ vi S, E. ~ ~ , u3 (~ ~' S.E. 9TH Q c~ vi LL s.~. ~ d~H u~ S.E. 8 tri Q W ~--- Q 5. E.BTH CT. d ~ ~ S T. ~ F--- S:E. 9TH ST. ~ ~ ~i ~ Q ~ w CU C~ I.~L Q ~, ~ ~- z `~ ~ SUBJECT ~ ~ VETEF~Ahd~ O~ FOREIGIiI ~V/'°if~S a r ' 5 ' _ ' PROPERTY . . _ `~ PLANNING ANp ZONING ~,~ 802 SE NTH AVENUE e_`,j ~ DEPARTMENT 12-43-4fi-27-09-Ofl#-021D LQCATIQN MAP -- DlC1T/EL &15E MAP SYSTEM -- MAP REF. 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Federal Hwy. 5 S.Bxa flalort,Flaida 33487 407-A9q-aFRi MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: Apri127, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MAY 3, 2011 WAIVER REQUESTS/FRANKLIN AT DELRAY BEACH ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of waivers from the following Land Development Regulations associated with the Class V site plan for the Franklin at Delray Beach project: 1. A waiver to LDR Section 4.3.4(H)(6)(b), which requires a 25-foot special landscape setback along Federal Highway. 2. A waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance for all driveway connections including SE 12th Road and Federal Highway. 3. A waiver to LDR Section 6.1.3(B), which requires a minimum width of 5 feet for the internal sidewalks. 4. An internal adjustment to LDR Section 4.6.2(B), which requires a building separation of 79.78 feet between buildings #6 and #7. BACKGROUND At its meeting of April 13, 2011, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan, landscape plan, architectural elevations, and waivers for a multiple family residential development known as Franklin at Delray Beach. The development involves demolition of the Executive Quarters and Floranda Mobile Home Park and construction of a 180 dwelling unit apartment complex. The SPRAB unanimously recommended approval of the waiver to the stacking distance, special landscape setback along Federal Highway, and internal adjustment to reduce the building separation between buildings #6 and #7. Further, the SPRAB approved the landscape waiver to the required 5-foot wide landscape strip between parking and the public right-of-way (it is noted that the plans have been revised to comply with this requirement since the drafting of the SPRAB staff report). However, the Board unanimously recommended denial of the waiver to reduce the required 5-foot width for internal sidewalks. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) 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. Special Landscape Setback: Per LDR Section 4.3.4(H)(6)(b), a 25-foot special landscape setback is required along Federal Highway. Within this special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. The proposed decorative fence encroaches into this required special landscape setback. The applicant has submitted the following narrative in support of the waiver: "...The inclusion of the decorative fence within the Special Landscape Setback is to enhance and reinforce the character and style of the Project. The fence is a signature hardscape feature of the landscape buffer which is considered a part of the overall landscape package. The addition of the decorative fence is an enhancement to the landscaping. Therefore, approval of this waiver will not adversely affect the neighboring area..." "...As referenced above, this request is to allow a decorative fence in the Special Landscape Setback which will add to the diversity and interest of the landscape buffer. The location of the decorative fence is shown in the attached Exhibits "A-1" and "A-2". (See attached applicants letter) Therefore, approval of this waiver will not significantly diminish the provision of public facilities..." Waiver Analysis: The proposed fence is a decorative picket design that has an overall height of 7 feet, including the columns, and is located approximately 16 feet from Federal Highway. Given the picket railing style of the fence and the setback from Federal Highway, a vista of the special landscape area will be maintained. The waiver would not affect the neighboring area since a view of the entire landscaped area will be maintained. The waiver would not affect the delivery of public services or create an unsafe situation. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Stacking Distance: Per LDR Section 4.69(D)(3)(c)(1), a 50-foot stacking distance is required for all driveway connections including SE 12th Road and Federal Highway. The proposed stacking distance from Federal Highway is 40 feet for the northern driveway. The proposed stacking distances along SE 12th Road are 5.75 feet, 5.85 feet, 6.65 feet, and 6.80 feet. The applicant has submitted the following verbatim narrative in support of the waiver: "...The existing driveway off of Federal Highway is being utilized on a daily basis. The proposed traffic volumes are nominal (just above 50 parking spaces per driveway) and the driveway is a "right-in right- out" as Federal Highway is a one way southbound road at this location. The driveways along SE 12th Road are internal to the Project and will not be servicing large numbers of vehicles (less than 50 parking spaces per driveway). Therefore, approval of this waiver will not adversely affect the neighboring area..." "...As referenced above, though the request is to reduce the stacking distance to 5.85 feet, 5.75 feet, and 6.80 feet along SE 12th Road, the actual effect of this waiver will cause the stacking distance to only be reduced to 19.80 feet, 19.80 feet and 18.65 feet respectively from the edge of pavement and as indicated in the attached Exhibits "A-1" and "A-2". (See attached applicant's letter) Therefore, approval of this waiver will not significantly diminish the provision of public facilities..." Waiver Analysis: The SE 12th Road is a unique local road that provides no through access to other public roads. It will serve as the primary access to the residential project and the existing single family residences. The speeds and traffic volumes along this road will be relatively low compared to more standard local roads. It is noted that there is no concern with respect to vehicles stacking into a travel lane of Federal Highway at the main entrance (southern driveway), since this stacking distance is approximately 55 feet and the development provides a 188.70-foot long deceleration lane. The waiver would not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation. Given the nature of this road as essentially a private access to the residential development and single family residences, the waiver would likely be granted for other properties with similar circumstances. Further, the development contains two access points from Federal Highway, which distributes vehicles entering and exiting the property. The majority of the vehicles will enter the property at the main entrance which further reduces impact at the northern entrance. The proposed 40-foot stacking distance will be sufficient to accommodate safe transition from Federal Highway into the property. The applicant has designed this stacking distance per the direction of the Florida Department of Transportation, which requires the 40-foot stacking distance. Thus, the waiver would likely be granted for other properties with similar circumstances. Thus a special privilege would not be granted. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Sidewalk Width: Per LDR Section 6.1.3(B), the minimum width of the sidewalks internal to the project is 5 feet and 4 feet is proposed. The applicant has requested a waiver from this requirement. The proposed reduction is for portions of the sidewalk system as noted in the site plan attached to the applicant's letter. The applicant has submitted the following verbatim narrative in support of the waiver: "...The requested reduction in sidewalk widths is not adjacent to the dedicated street and is within the boundary of the Project. Therefore, approval of the waiver will not adversely affect the neighboring area..." "...The reduction in the width of the sidewalks to 4' will not diminish the ability for a user to utilize the sidewalk versus a 5' sidewalk. The sidewalks are located within the Project and are for the use of the residents of the apartment complex. Therefore, approval of this waiver will not significantly diminish the provision of public facilities..." Waiver Analysis: The intent of this requirement is to provide a safe pedestrian area and it has been determined that 5 feet is necessary in this instance. Further, a reduction in the width of the sidewalks would grant a special privilege to this applicant since this waiver would not be supported elsewhere. Accordingly, positive findings cannot be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. INTERNAL ADJUSTMENT: Pursuant to LDR Section 2.4.7(C)(5), prior to granting an internal adjustment, the approving body shall make a finding that the granting of the internal adjustment is consistent with the following: "Concurrent with granting relief from a development standard or regulation, the granting body must find that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result." Distance Between Residential Buildings: Per LDR Section 4.6.2(B), the minimum required horizontal distance between buildings #6 and #7 is 79.78 feet and 56.75 feet is proposed. The purpose of this requirement is to provide for adequate distance between structures to allow for light, air, and open space. It is also intended to provide for aesthetically pleasing design relationships among buildings for townhouse, apartment, or condominium residential development. The applicant has submitted the following verbatim narrative in support of the internal adjustment: "...The proposed site plan for the Project is for the development of apartment buildings along the existing SE 12th Road corridor and this request for an Internal Adjustment seeks to reduce the required distance between Buildings 6 and 7 from the required distance of 79.78 feet to 56.75 feet. The requested area to be reduced is internal to the Project. Therefore, approval of this Internal Adjustment will not adversely affect the neighboring area. The facades of the two buildings at issue are varied and have garages on the sides of each facing each other. The variation in the buildings create diversity in the planes of each, breaking the mass so as to avoid creating a "canyon" effect. The reduction in the building separation will not create this effect and it is only within this one constrained portion of the site..." Internal Adjustment Analysis: This development regulation has typically been applied to the less dense "suburban-like" areas of the City west of Interstate 95 rather than the more dense eastern areas of the City. The intent of this regulation is to maintain the suburban character in the western portion of the City. It is noted that the Silver Terrace Courtyards Overlay District envisioned a more intense development of the subject property by allowing a residential density of up to 22 dwelling units per acre versus RM (Multiple Family Residential -Medium Density) or PRD (Planned Residential Development) zoning districts that allow up to 12 dwelling units per acre. Thus, it could be inferred that a more intense urban-like residential development was anticipated for the subject property, which would support a more concentrated development pattern with less separation distance for air and light circulation. As the applicant has indicated, the building design includes numerous plan changes and architectural treatments to maintain a "pleasing" character to the development. The residents of this development will not suffer a material degradation to their quality of life from the reduction of 23.03 feet to the building separation. Therefore, while granting this relief may not result in a superior product, it does not diminish the practical application of this regulation and will not degrade the quality of life for the residents. Consequently, positive findings can be made with respect to LDR Section 2.4.7(C)(5), Internal Adjustment Finding. RECOMMENDATION By separate motions: 1. Approve the waiver to LDR Section 4.69(D)(3)(c)(1), which requires a stacking distance of 50 feet for parking areas that have 51 or more parking spaces (allowing a reduction to 5.75 feet, 5.85 feet, 6.65 feet, and 6.80 feet for SE 12th Road and a reduction to 40 feet for the northern driveway along Federal Highway) based on positive findings with LDR Section 2.4.7(B)(5). 2. Approve the waiver to LDR Section 4.3.4(H)(6)(b), which requires a 25-foot special landscape setback along Federal Highway to allow the encroachment of the decorative picket fence 10 feet into special landscape setback based on positive findings with LDR Section 2.4.7(B)(5). 3. Denythe waiver to LDR Section 6.1.3(B), which requires a minimum width of 5 feet for the internal sidewalks (4-foot proposed) based on a failure to make positive findings with respect to LDR Section 2.4.7(B)(5). 4. Approve the internal adjustment to LDR Section 4.6.2(B), which requires a building separation of 79.78 feet between buildings #6 and #7, based on positive findings with LDR Section 2.4.7(C)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS/INTERNAL ADJUSTMENT FOR FRANKLIN AT DELRAY BEACH PROJECT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests and internal adjustment regarding the Franklin at Delray Beach project have come before the City Commission on May 3, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests and internal adjustment for the Project. All of the evidence is a part of the record in this case. I. Waivers. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) 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. Special Landscape Setback. Per LDR Section 4.3.4(H)(6)(b), a 25-foot special landscape setback is required along Federal Highway. Within this special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. The proposed decorative fence encroaches into this required special landscape setback. Should a waiver to Section 4.3.4(H)(6)(b) be granted to modify the special landscape setback? Yes No 1 Stacking Distance. Per LDR Section 4.6.9(D)(3)(c)(1), a 50-foot stacking distance is required for all driveway connections including SE 12t" Road and Federal Highway. The proposed stacking distance from Federal Highway is 40 feet. The proposed stacking distances along SE 12t" Road are 5.75 feet, 5.85 feet, 6.65 feet, and 6.80 feet. Should a waiver to Section 4.6.9(D)(3)(c)(1) be granted to modify the stacking distance? Yes No Sidewalk Width. Per LDR Section 6.1.3(6), the minimum width of the sidewalks internal to the project is 5 feet and 4 feet is proposed. The applicant has requested a waiver from this requirement. Should a waiver to Section 6.1.3(8) be granted to modify the sidewalk width? Yes No II. Internal Adjustment. Pursuant to LDR Section 2.4.7(C)(5), prior to granting an internal adjustment, the approving body shall make a finding that the granting of the internal adjustment is consistent with the following: "Concurrent with granting relief from a development standard or regulation, the granting body must find that such relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result." Distance Between Residential Buildings. Per LDR Section 4.6.2(6), the minimum required horizontal distance between buildings #6 and #7 is 79.78 feet and 56.75 feet is proposed. The purpose of this requirement is to provide for adequate distance between structures to allow for light, air, and open space. It is also intended to provide for aesthetically pleasing design relationships among buildings for townhouse, apartment, or condominium residential development. 2 Should an internal adjustment to Section 4.6.2(6) be granted to modify the distance between residential buildings? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves denies the waiver requests and hereby adopts this Order this 3rd day of May, 2011, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 3 `7 ~TG P~A1V ~~~~ ~ ~~ ® ~I~" ~G~L'6I`11~1 V G ®®~R® CITY 4F DE~.RAY BEACH °--STAFF REP®RT--~- MEETING DATE: April 13, 2011 AGENDA ITEM: IV. B. ITEM: Franklin at Delray Beach -- Class V Site Plan, Landscape Plan And Architectural Elevation Approvals Associated With The Construction Of A _ Multiple Family Project That Contains 180 Dwelling Units. GENERAL DATA. Owner ........................ New Century Executive Quarters, ~~ _ - _._._.. LLCIFIoranda MHP, LLC ~~~~__~ Applicant ................... Nevv Century Companies, LLC " .m. Agent ............................ Weiner & Lynne, P.A. - _ Location ........................ West Side Of South Federal Highway, m -- " Approximately 320 Feet South Of SE 10th ~ _ _ Street And North Of The Plaza At Delray ~ _ Property Size ............... 8.19 Acres ~ •-" - - Future Land Use Ma General Commercial --m - Current Zoning .............. PC (Planned Commercial) x~ !, Adjacent Zoning..North: RM (Multiple Family Residential - ~ ~u~ti~ ` "` Medium Density}, R-1-A {Single Family ~ ~~~ Residential) and PC East: OS {Open Space) and PC ; ` South: PC ~~`" West: SAD (Special Activities District) and RM ~: Existing Land Use......... Floranda Mobile Home Park and ~~°`~ BAkYAif " Professional Office Plaza. ~~~~ - Proposed Land Use...... Construction of a multiple family 'p'roject consisting of 180 dwelling 41n~t5. L ~ N T O N B O 11 L E V A R O .. Water Service ............... 8 inch main along the north side of the property. Sewer Service ............... Extension of a 10 inch main along Federal Highway. ,~-, N IV,B. ITEM' BEFORE THE BOARD The action before the Board is approval of a Class V site plan request for Franklin at Delray Beach pursuant to LDR Section 2.4.5(F}. The request involves the following elements: © Site Plan; © Architectural Eleva#ions; D Landscape Plan; and © Waivers. The request is in conjunction with Franklin at Delray Beach, a proposed multiple family development, located on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. BACKGROUND The 8.19 acre project area consists of Lots 1 through 5 and a portion of Lot 6 of the Lambert Trailer Court subdivision and a[I of the Professional Office Plaza for Acquilano subdivision. The property contains the Floranda Mobile Home Park, Professional Office Plaza, and vacant land. At its meeting of March 10, 1981, the City Commission approved the annexation, rezoning, conditional uses and site plan for the existing 21,600 square foot Professional Office Plaza_ The Lambert Trailer Park (Floranda Mobile Home Park} subdivision was platted on September 1, 1948. At its meeting of April 21, 2009, the City Commission approved a Future Land Use Map Amendment for the Floranda Mobile Home Park from TRN {Transitional} to GC {General Commercial}. At this meeting, the City Commission also approved the rezoning of the property associated with the current development proposal from R-1-A {Single Family Residential}, MH (Mobile Home), and POC (Planned Office Center) to PC (Planned Commercial). At its meeting of August 18, 2409, the City Commission approved Ordinance 38-09, which included development standards for the Silver Terrace Courtyards Overlay District in the PC zoning district. This change allowed a residential density of up to 22 units per acre for the subject property as a conditional use, subject to the Performance Standards of the RM (Multiple Family -Medium Density} zoning district, provided at least 20% of the units are workforce dwelling units. At its meeting of August 3, 2010, the City Commission approved a conditional use application to allow a residential density of up to 22 dwelling units per acre for the subject property. This development proposal included the existing Executive Quarters office building in mixed use development. At its meeting of September 3, 2010, the SPRAB (Site Plan Review and Appearance Board} approved the Class V site plan for the mixed use project mentioned above. The City Commission appealed the SPRAB approval. However, the site plan application was withdrawn by the applicant prior to consideration of the appeal by the City Commission. The applicant has submitted a new project that includes the demolition of the Executive Quarters and Floranda Mobile Home Park, and construction of a multiple family development SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 2 with a density of up to 22 dwelling units per acre, which requires conditional use approval. This conditions[ use was approved by the City Commission at its meeting of January 4, 2011. The action now before the Board is approval of the site plan, landscape plan, building elevations, and recommendation of waivers. PROJECT DESCRIPT-ION - The development proposal incorporates the following: ^ Construction of a multiple family project that includes~the demolition of the existing office plaza and mobile home park and construction of 180 dwelling units in 7 buildings. The dwelling units can#ain a variety of floor plans that consists of 72 one-bedroom units, 92 two-bedroom units, and 16three-bedroom units. ^ Abandonment of a majority of the existing rights-of-way on the property and dedication of a new street right-of-way to provide access throughout the site as well as to the existing single family residences in the central portion of the development. ^ The amenities associated with the residential portion of the development include a swimming pool, tat lot, activity zone {teenikid area), cyber cafe, fitness room, and business center. ^ Installation of a 7-foot high (top of column} decorative fence along the east side of the property and a fence along the north, south, and west sides of the property. ^ Installation sidewalks, dumps#er enclosures, and associated landscaping. The development proposal includes waivers and internal adjustment to the following sections of the Land Development Regulations: 1. A waiver to LDR Section 4.3.4(H)(6)(b), which requires a 25-foot special landscape setback along Federal Highway. 2. A waiver to LDR Section 4.6.9{D){3)(c}(1), which requires a 50-foot stacking distance for all driveway connections including SE 12th Road and Federal Highway. 3. A waiver to LDR Section 4.6.16(H)(3){a), which requires a 5-foot wide landscape strip between the parking area and the public right-of-way. 4. A waiver to LDR Section 6.1.3(6), which requires a minimum width of 5 feet for the internal sidewalks. 5. An internal adjustment #a LDR Section 4.6.2(6), which requires a building separation of 79.78 feet between buildings #6 and ~#7. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 3 .SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS; Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 4.3.4 K Develo meet Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4{K) as it pertains to the PC (Planned Commercial) zone district: Standard ' Provided _ Open Space 25% - 31 Minimum Perimeter Setback - North 0' {Side interior) 68' _ Buildin #5) North 10' (Side street) 10' (Recreation Building) North 10' (Side street) 10' (Building #2} ......... .. South 0' (Side interior) 12.84' Bast 10' {Front) 25.05' (Recreation buildin ' West 10' (Rear} 47.37' Buildin #5 Building Height. Per LDR Section 4.3.4{K), the maximum building heigh# in the PC zoning district is 48 feet. Per LDR Section 4.3.4(J), the building height is measured from the grade to mean distance between the tie beam and the ridge of the roof. The grade is based on the mean elevation of the streets, which in this case are Federal Highway and SE 12s" Road. The building elevations contain insufficient information to determine compliance with this requirement. A condition of approval is attached that the height of the buildings are graphically depicted on the elevations and that they are measured from grade. The buildings should be compliant with the maximum height since the buildings measure 38 feet from the finished floor to the roof ridge. Parking Requirements: Per LDR Section 4.6.9(C)(2)(c), parking for multi-family residential development must be provided pursuant to the following: • One bedroom dwelling unit 1.5 spaceslunit • Two or more bedroom dwelling unit 2 spaceslunit • Guest parking shall be provided cumulatively as follows: SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 4 - far the first 24 units 0.50 spaceslunit - for units 21-54 0.30 s aceslunit - for units 51 and above 0.20 spaceslunit The proposed development contains 72 one bedroom dwelling units, 92 two-bedroom dwelling units, and 16 three-bedroom dwelling units. Based on this dwelling unit mix, the required parking for the proposed development is 369 parking spaces. The development proposal complies with this requirement since a total of 372 parking spaces are proposed (260 surface parking spaces and 112 garageldriveway parking spaces,}. FAMILYIWORKFORCE HOUSING: Workforce Housing: As noted in the background section of this staff report, the development was granted conditional use approval to increase the residential density of the project up to 22 dwelling units per acre. The City Commission approved this conditional use subject to several conditions of approval to ensure that the proposed development complies with Article 4.7 lFamilylWorkforce Housing] and LDR Section 4.4.6(1) [Performance Standards]. The proposed apartment complex is required to provide 20% of the units as workforce housing. In order to ensure compliance, the applicant is required to enter into a covenant with the City, which will be administered under the purview of the Community lmprovement Department. A condition of approval is attached that the applicant enters into a workforce housing covenant to address the requirements of LDR Section 4.7.6(a). A further, provision of the City Commission approval also requires that the applicant to enhance the perimeter landscaping of the property to ensure compatibility with the adjacent residential neighborhood in order to meet the performance standards. The required buffer trees will be discussed under the landscape section ofi this report. The performance standards also requires that the developer preserve and enhance existing natural areas or water bodies. if these areas do not exist on the property new areas that provides open space and native habitat need to be created on the property. The property does not contain such areas and none are proposed. The City Commission approved a similar project known as Latitude Delray (fka Lindell Square}, which also did not provide the natural area on-site. It was determined as part of the conditional use approval process for Latitude Delray that the applicant would contribute 1 % of the property assessment toward the improvement ofi Leon Weekes nature preserve, which is located on the west side of ~!d Dixie Highway and the FEC Railroad right-of-way. In accordance with this precedent, there are several opportunities that may be utilized for mitigation purposes for the Franklin at Delray Beach project such Atlantic Dunes Park, the municipal beach dunes, or Leon Weekes nature preserve. According to the Palm Beach County Property Appraiser information, the assessed value of all the properties involved with the application is $4,587,185. A contribution of 1% of the value would result in the remittance of $48,871, which would be used for the off-site mitigation of the required natural area. A condition of approval is attached that the applicant contributes $48,871 prior to issuance of a building permit. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 5 Minimum FamilylWorkforce Housing: Pursuant to LDR [Land Development Regulations] Section 4.4.12(G){5), a density of 22 units dwelling units per acre is allowed in the PC (Planned Commercial) zoning dis#rict provided a minimum of 20% of the 1$0 dwelling units (36) be designated for workforce housing. Per LDR Section 4.7.9(a}, all workforce housing units shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as market-rate units. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market rate unit. The City typically requires that the site plans identify which units will be workforce housing. However, the applicant has indicated that identifying the specific units is problematic in an apartment complex given the nature of the use. The City approved a similar project known as Historic Depot Square, which included an apartment component located between the CSX railroad and Interstate 95 and south of Lake Ida Road. The City Commission approved this project provided that the workforce housing requirement would be monitored by the City. In order to ensure that this development complies, a condition of approval is attached that the workforce housing covenant [LDR Section 4.7.6(a)] include a monitoring provision that conveys authority to the City of Delray Beach be provided prior to certification of the site plan. Ratio: Per LDR Section 4.7.9(c)(i) through (ii), the proportion of one, two, and three bedroom workforce units #o total workforce units cannot exceed the corresponding number of one, two, and three bedroom market rate units to total market rate units. Since the market rate units are not identified on the plans, compliance with this requirement will need to be ensured by the City staff via the covenant. Covenant: Per LDR Section 4.7.6{a), a covenant will need to be recorded that specifies the income level served, rent levels, reporting requirements and all res#rictions applicable to the workforce housing units, All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. The covenant mentioned above needs to include this information and that the leases contain the noted information. Special District Boundary Treatment. Per LDR Section 4.6.4(A)(2}(a), where the rear or side of commercially zoned property directly abuts residentially zoned property without any division or separation between them, such as a street, alley, railroad, waterway, park, or other public open space, the commercially zoned property shall provide aten-foot building setback from the property line Iota#ed adjacent to the residentially zoned property. In addition, either a solid finished masonry wall six feet in height, or a continuous hedge at least 4-112 feet in height at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the commercially zoned property which directly abuts the residentially zoned property. This treatment is required along the north and west perimeter of the property and along the south side of the single family properties. The SPRAB Staff Report Class V Si#e Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 6 plans indicate that a 6-foot high black vinyl coated chain link fence or 6-foot high aluminum or vinyl shadow box fence will be installed along the northern and western perimeters of the property and south side of the single family properties. Further, an existing knee wall and fence will remain along the west side of building #B. The applicant has indicated that the chain link fence will be installed along the north and west sides of the property and that the shadow box fence will be installed along the east, south, and west sides of the single family properties. However, the plans do not specify which fences will be installed in these areas. While either the chain link fence or shadow box fence is acceptable along the northern and western perimeter of the property, the shadow box fence is appropriate along the east, south, and west sides of the single family properties. The shadow box in these areas will provide a more meaningful buffer for the single family residences from such nuisances as noise and headlights of vehicles. Thus, a condition of approval is attached that the shadow box fence be installed along the east, south (south side of SE 12~" Road in front of the single family homes}, and west sides of the single family properties. In addition to the fencing, the development proposal includes a 4.5-foot high Green Buttonwood hedge along the north property line adjacent to the residentially zoned properties (including the single family residences). However, the development proposal includes a 3 gallon small leaf Clusia hedge along the western side of the property. Given the residential nature of the development proposal, the Green Buttonwood hedge is appropriate along the northern property line. The small leaf Clusia needs to be changed to a minimum of 4.5 feet high to provide the required buffer and this is attached as a condition of approval. Driveway Width: Per L.DR Section 4.6.9(D)(3}{b), the minimum required width of the driveway for the two space parking tier adjacent to the eastern single family property is 20 feet since it will have less than 200 average daily trips. The proposed width is 12 feet for this driveway. A condition of approval is attached that a minimum of 20 feet is provided. Standard Aisle Width: Per t_DR Section 4.6.9{D}(4}{d), the standard aisle width is 24 feet for perpendicular parking tiers and 15 feet is proposed for the parking tier adjacent to the eastern single family property. A condition of approval is attached that a width of 24 feet is provided for this parking tier. SITE PLAN WAIVER ANAL,.. YSIS Pursuant to l.DR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d} Daes not result in the grant of a special privilege in that the same waiver would be granted under similar circums#ances on other property for another applicant or owner. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at ©elray Beach Page 7 Special Landscape Setback: Per LDR Section 4.3.4{H}{6){b), a 25-foot special landscape setback is required along Federal Highway. Within this special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. The proposed decorative fence encroaches into this required special landscape setback. The applicant has submitted the following verbatim narrative in support of the waiver: "...The inclusion of the decorative fence within the Special Landscape Sefback is to enhance and reinforce the character and style of the Project. The fence is a signature handscape feature of fhe landscape buffer which is considered a part of the overall landscape package. The addition of fhe decorafive fence is an enhancement to the landscaping. Therefore, approval of this waiver will not adversely affect fhe neighboring area... " "...As referenced above, fhis request is to allow a decorative fence in fhe Special Landscape Sefback which will add to the diversify and interest of the landscape buffer. The location of the decorafive fence is shown in the attached Exhibifs "A-1 "and "A-2". Therefore, approval of this waiver wil! not significantly diminish fhe provision of public facilities..." Waiver Analysis: The proposed fence is a decorative picket design that has an overall height of 7 feet including the columns and is located approximately 16 feet from Federal Highway. Given the picket railing style of the fence and the setback from Federal Highway, a vista of the special landscape area will be maintained. The waiver would not affect the neighboring area since a view of the entire landscaped area will be maintained. The waiver wouid not affect the delivery of public services or create an unsafe situation. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Stacking Distance: Per LDR Section 4.6.9{D)(3}{c){1}, a 50-foot stacking distance is required for all driveway connections including SE 12i" Road and Federal Highway. The proposed stacking distance from Federal Highway is 40 feet. The proposed stacking distances along SF 12t" Road range in depth from 5.85 feet to 20.05 feet. The applicant has submitted the following verbatim narrative in support of the waiver: "...The exisfing driveway off of Federal Highway is being utilized on a daily basis. The proposed traffic volumes are nominal (just above 50 parking spaces per driveway) and fhe driveway is a "right in right-out" as Federal Highway is a one way southbound road at this location. The driveways along SE 12Th Road are internal to the Project and will not be servicing large numbers of vehicles (less than 50 parking spaces per driveway). Therefore, approval of this waiver wil! not adversely affect the neighboring area. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers far Franklin at Delray Beach Page 8 As referenced above, though the request is fo reduce the stacking distance to 5.85 feet, 5.75 feet, and 6.80 feet along SE 92th Road, the actual effect of this waiver will cause the stacking distance to only be reduced to ?9.80 feet, 99.80 feet and 78.65 feet respectively from the edge of pavement and as indicated in the attached Exhibits "A-9" and "A-2". Therefore, approval of this waiver will not significantly diminish the provision of public facilities..." Waiver Analvsis: The SB 12t" Road is a unique local road that provides no through access to other public roads. It will serve as the primary access to the residential project and the existing single family residences. The speeds and traffic volumes along this road will be relatively !ow compared to more standard local roads. It is noted that there is no concern with respect to vehicles stacking into a travel lane of Federal Highway at the main entrance, since this stacking distance is approximately 55 feet and the development provides a 188.70-foot long deceleration lane. The waiver would not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation. Given the nature of this road as essentially a private access to the residers#ial development and single family residences, the waiver would likely be granted for other properties with similar circumstances. Further, the development contains two access points from Federal Highway, which distributes vehicles entering and exiting the property. The majority of the vehicles will enter the properly at the main entrance which further reduces impact at the northern entrance. The proposed 40-foot stacking distance will be sufficient to accommodate safe transition from Federal Highway into the property. The applicant has designed this stacking distance per the direction of the Florida Department of Transportation, which requires the 40-foot stacking distance. Thus, the waiver would likely be granted for other properties with similar circumstances. Thus a special privilege would not be granted. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5}, Waiver Findings. Sidewatk Width: Per LDR Section 6.1.3(B}, the minimum width of the sidewalks internal to the project is 5 feet and 4 feet is proposed. The applicant has requested a waiver from this requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...The requested reduction in sidewalk widths is not adjacent to the dedicated street and is within the boundary of the Project. Therefore, approval of the waiver will not adversely affect the neighboring area. The reduction in the width of the sidewalks fo 4' will not diminish the ability for a user to utilize the sidewalk versus a 5' sidewalk. The sidewalks are located within the Project and are for the use of the residents of the apartment complex. Therefore, approval of fhis waiver will not significantly diminish the provision of public facilities..." Waiver Analvsis: The intent of this requirement is to provide a safe pedestrian area and it has been determined that 5 feet is necessary in this instance. Further, a reduction in the width of the sidewalks would grant a special privilege to this applicant since this waiver would not be supported elsewhere. Thus, the waiver cannot be supported since it would create an unsafe situation and would grant SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 9 a special privilege. Accordingly, positive findings cannot be made with respect to LDR Section 2.4.7{B}(5), Waiver Findings. INTERNAL ADJUSTMENT ANAI_YS1S Pursuant to LDR Section 2.4.7{C)(5), prior to granting an internal adjustment, the approving body shall make a finding that the granting of the internal adjustment is consistent with the following: "Concurrent with granting relief from a development standard or regulation, the granting body must find that such relief does not diminish the practical application of the affected regulation {requirement) and that by granting such relief a superior development product will result." Distance Between Residential Buildings; Per LDR Section 4.6.2(8}, the minimum required horizontal distance between buildings #6 and #7 is 79.78 feet and 56.75 feet is proposed. The purpose of this requirement is to provide for adequate distance between structures to allow for light, air, and open space. It is also intended to provide fior aesthetically pleasing design relationships among buildings for townhouse, apartment, or condominium residential development. The applicant has submitted the following verbatim narrative in support of the internal adjustment: "...The proposed site plan for the Project is for the development of apartment buildings along the existing SE 92~" Road corridor and this request for an Internal Adjustmenf seeks to reduce fhe required distance between Buildings & and 7 from the required distance of 79.78 feet to 56.75 feet. The requested area to be reduced is internal to the Project. Therefore, approval of this Internal Adjustment will not adversely affecf the neighboring area. The facades of the two buildings at issue are varied and have garages on the sides of each facing each other. The variation in the buildings create diversity in the planes of each, breaking the mass so as to avoid creating a "canyon" effect. The reduction in fhe building separation will not creole this effect and it is only within this one constrained portion of the sife..." Internal Adiustment Analysis: This development regulation has typically been applied to the less dense "suburban-like" areas ofi the City west of Interstate 95 rather than the more dense eastern areas of the City. The intent of this regulation is to maintain the suburban character in the western portion of the City. It is noted that the Silver Terrace Courtyards Overlay District envisioned a more intense development of the subject property by allowing a residential density of up to 22 dwelling units per acre versus RM (Multiple Family Residential -~ Medium Density) or PRD (Planned Residential Developmen#) zoning districts that allow up to '12 dwelling units per acre. Thus, it could be inferred that a more intense urban-like residential development was anticipated for the subject property, which would support a mare concentrated development pattern with less separation distance for air and light circulation. As the applicant has indicated, the building design includes numerous plan changes and architectural treatments to maintain a "pleasing" SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 10 character to the development. The residents of this development will not suffer a material degradation to their quali#y of life from the reduction of 23.03 feet to the building separation. Therefore, while granting this relief may not result in a superior product, it does not diminish the practical application of #his regulation and will not degrade the quality of life for the residents. Consequently, positive findings can be made with respect to LDR Section 2.4.7{C){5), Internal Adjustment Finding. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise noted. 1. That a detail of aH fences be provided including the fence around the single family properties and the north, south, and west sides of the development. 2. That documentation be provided and accepted by the Planning and Zoning Director that clearly demonstrates ownership of the existing right-of-way. 3. That a recorded plat be submitted. 4. That the photometric plan be revised to provide the required accent pathway lighting per LDR Section 4.6.8. 5. That a public access easement is provided for that portion of the public sidewalk that encroaches onto private property. 6. That a bus shelter and easement is provided along Federal Highway. 7. That the Engineering Division technical items dated March 10, 2011 are fully addressed in accordance with direction of the City Engineer. LANDSC-APE_ ANALY=SIS The Senior Landscape Planner has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of Bismarck Palms, Gumbo Limbo trees, Golden Shower trees, Orange Geiger trees, Japanese Fern trees, East Palatka Holly trees, Lavender Crape Myrtle, Ligustrum trees, Solitaire Palms, Sylvestris Date Palm, Live Oak trees, Florida Royal Palms, Mahogany trees, Glaucous Cassia, Florida Thatch Palms, and Montgomery Palms. The landscape areas will be underplanted with Giant Orange Vase, Purple Crinum Lily, Jamaica Caper, Green Buttonwood, Small Leaf Clusia, Red Tip Cocoplum, King Saga, Strap Leaf Croton, Golden Duranta, Blueberry Flax Lilly, Japanese Blue Berry trees, Green Island Ficus, Dwarf Fire Bush, Hibiscus Snow Queen, Maui Ixora, Pink Nora Grant lxora, Dwarf Ilex Holly, Jatropha, Wax Jasmine, Leea, Purple Lantana, Sword Fern, Golden Shrimp Plant, Podocarpus, Wild Coffee, Green Pi#tosporum, Lady Palm, Dwarf Indian Hawthorn, Green Dwarf Schefflera, Tricolor Schefflera, Gold Capella Schefflera, Dessert Cassia, Green Snake Plant, Variegated Snake Plant, Awabuki Viburnum, Sandankwa Viburnum, and St. Augustine Floratam sod. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at ©elray Beach Page 11 LANDSCAPE WAIVER Pursuant to LDR Section 2.4.7(8){5), prior to granting a waiver, the approving body shall make a finding that the gran#ing of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; and (d) 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 ano#her applicant or owner. Perimeter Landscape Strip: Per LDR Section 4.6.16(H)(3){a), a 5-foot perimeter landscape strip is required between the parking areas and the interior street. This landscape strip is not provided between 5E 12t~' Road and the parking areas. The applicant has submitted a waiver request from the perimeter landscape strip requirement. The applicant has submitted the following verbatim Warta#ive in support of the waivers: "...The proposed site plan far the Project is for the development of apartment buildings along the existing SE 12th Road corridor and this request for a waiver seeks to reduce the required landscape perimeter depth along the edge of fhe right-of--way along the norfhern portion of SE 12th Road. The area subject to this waiver request is entirely infernal to the Project. Therefore, approval of this waiver will not adversely affect the neighboring area. The cross section of SE 92th Road is such that it consolidafes all of the landscape area from the back of the proposed sidewalk to the edge of the right-of--way line. Moreover, this area will provide planting space for additional landscaping within the right-of--way that will be maintained (by written agreement) by the management company of the Project, at no cost to the City. Therefore, approval of this waiver will not significantly diminish the provision of public facilities..." Waiver Analysis: The purpose of #his requirement is to ensure a proper buffer between a parking area and a street. This buffer area allows for a separation and definition of different use areas, and landscaping mitigating the paved parking area. Typically, staff would not support a waiver to this section given the impact on the streetscape and aesthetics of the community. However, in this instance the public right-of-way is in effect a private driveway that serves only the subject development and the existing single family residences. If the landscaped area within the street is included, there is approximately 7 feet between the parking area and the edge of the street. Staff concurs with the applicant's justification that the waiver does not affect the neighboring area, diminish the provision of public facilities, create an unsafe situation, or grant a special privilege. Therefore, a positive finding with respect to LDR Section 2.4.7(8)(5), Waiver Findings can be made. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 12 ARCHITECTURAL ELEVATIONS Pursuant to LDR Section 4.6.15{E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformi#y with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b} The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The residential buildings are an eclectic contemporary architectural interpretation. The buildings include decorative balcony railings and outriggers. The color schemes of the three buildings are essentially the same except for a change in a distinctive color identifier. The base colors consist of Snowbound {white), Mink (chocolate brown), and Relaxed Khaki (dark tan). The three different color identifiers consist of Sumptuous Peach, Baize Green (teal), and Stream (sky blue). The rhythm and balance of the architecture is aesthetically pleasing and will be an asset to the neighborhood. The single car parking garages all have the same architectural treatment that includes horizontal score lines. In order to provide a mare interesting elevation, the garages should be provided with alternating architectural treatment changes such as different headers and decorative light fixtures and this is attached as a condition of approval. Based on the above, a positive finding can be made that the architecture is consistent with LDR Section 4.6.1$(E). REQUIRED' FINDINGS Pursuant to Section 3.1.1 {Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. At its meeting of August 3, 2010, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. REQUIRED FINDINGS {Chapter 3}: Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minu#es. Findings shall be made by the body, which has the authority to approve or SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 13 deny the development application. These Consistency, Concurrency, Comprehensive LDRs as noted below. findings relate to Future Land Use Map Plan Consistency and Compliance with the Section 3.1.1 [A_} -Future Land Use Map: The subject property has a Future Land Use Map designation of GC {General Commercial) and is zoned PC (Planned Commercial). The PC zoning district is consistent with the (GC) Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 {BI -Concurrency: During the conditional use process, the City Commission made a positive finding of Concurrency with respect to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3,9.1 (C} -Consistency (Standards for Site Plan Actions]: As described in Appendix A, a positive finding of consistency can be made as it relates #o Standards for Site Plan Actions. Section 3.1.1 (D}_- Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the #uture use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use development. The development will be complimentary with the surrounding residential uses and commercial developments and provide a customer base for the businesses on a year-round basis, which in turn will provide economic stability and be a catalyst for growth in the area. Transportation Element Policy A-1.5, New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install) acity-approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in-lieu of providing the bus shelter on site. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 14 Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts on adjacent properties. Given the potential impacts the proposed mixed-use development will have on the surrounding road network, it is appropriate that the developmen# provide a bus shel#er easement adjacent to the subject property. The site plan indicates that a bus shelter easement will be provided along Federal Highway. A condition of approval is attached that the applicant install a bus shelter in this easement. Transportation Element Policv A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of- way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of- Way Identification Map. Per LDR Section 5.3.1(A}{3) and Table T-1 of the Transportation Element, the required right-of- way width of Federal Highway (southbound lane} is 60 feet and 70 feet exists adjacent to the subject property. The development includes the abandonment of portions of 1$-foot wide streets and dedication of a 50-foot wide internal street that will provide access to the single family residences in the middle of the development. Per LDR Section 5.3.1(D)(2} and Table T- 1, the required width of this street is 50 feet. Thus, the development complies with this requirement. The existing 18-foot wide street adjacent single family residences will remain in its current configuration. Transportation Element Policy C-1.1 Efforts shall be made to limit excessive through-traffic and nonresidential traffic on local roads within residential neighborhoods. Where a problem with such traffic is specifically identified, i# should be addressed through the utilization of traffic calming measures, such as roundabouts, medians, and speed humps. In order to maintain a safe pedestrian access between the different portions of the development, raised crass walks have been strategically placed throughout the development. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides a bicycle rack at the clubhouse. Based on the above, the policy has been met within the proposed development. O en 5 ace and Recreation Element Polic A-3.1: Tot lots and recreational areas, serviing children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The City may require a monetary contribution in-lieu of the provision of on-site facilities where appropriate. The recreational facilities include the pool, cyber cafe, tot lot, activity zone, and fitness room. The proposed development does not provide a facility that would be attractive to the physical activities of teenagers such as a sport court or volleyball court. Further, it is unclear what equipment will be located in the activity zone that would be attractive to teenagers. SPRAB Staff Report Class V Site Plan, Building )=levations, Landscaping, and Waivers for Franklin at Delray Beach Page 15 Some of the recreational, cultural and open space opportunities located in proximity to the development include: the Municipal Beach {Atlantic Dunes Park) and 505 Teen Center. Given the provision of the on-site amenities and public facilities that can be utilized by children, the intent of this policy has been substantially met, provided that a recreational facility for teenagers is provided. Based on the above, a positive finding can be made subject to the condition that the equipment within the activity zone be submitted and that this equipment be age appropriate for teenagers. Open Space and Recreation Element Policy B-1.3 New developments shall provide central focal points at entries and landscape buffers along the external (arterial, collector) streets which service them. Back-lotting of individual homes along such streets should be allowed only when special landscape buffers are provided between the rear yard walls or fences and the right-of--way. The development proposal includes the provision of a new driveway from Federal Highway that includes a landscape island (peanut) and landscaping. Based on the above, a positive finding can be made. Housing Element PoficV A-'11.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. According to the Lambert Trailer Court plat, there is a dedicated right-of-way that provides access to the single family homes in the central portion of the development. The development proposal includes the abandonment of the majority of this right-of-way and the provision of a replacement right-of--way. In order to maintain safe and uninterrupted access to Federal Highway for the remaining residences, a "timing" plan needs to be submitted and approved by the City Engineer. The timing plan will need to address the coordina#ion of maintaining access to the single family residences during the abandonment of the current right-of-way and replacement of the new right-of-way. A condition of approval is attached that the applicant provides a timing plan to provide unin#errupted access to the single family residences during the construction phase of the project. It is noted that a question of ownership has arisen during the conditional use and site plan processes with respect to the portion of the 18-foot wide right-of-way adjacent to the single family residences. The applicant has submitted documen#ation that appears to indicate that this street was dedicated to the public. However, one of the single family home owners has indicated that the street is owned by the residences. The applicant has indicated that the development proposal only includes the abandonment of the balance of the right-of-way throughout the site to Federal Highway and not the area adjacent to their property. That portion of this road adjacent to the single family lots is not part of the abandonment application and will not be modified by the development application. If it is discovered as the development proposal progresses through the abandonmentlplat process or subsequent legal action, that the contested street is under the control of the single family residences, a condition of approval is attached that the site plan be revised to address this situation. Further, in order to protect the City, the applicant should enter an agreement that includes a provision that they will indemnify and defend the City from legal action associated with this interior street and this is attached as a condition of approval. SPRAB Staff Report: Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 16 Housing_Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks} to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy 8-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens, This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. This development will not be restricted to occupancy by adults only. Since the proposed development only provides a mixture of one, two, and three bedroom units and no four bedroom units, the proposed development floes not fully comply with this policy. However, it is noted that the proposed development has provided several recreational facilities, such as the play area, cyber cafe, pool, and activity zone that will be attractive for families seeking to relocate to Delray Beach. The proposed development accommodates various sizes of units for households having a range of ages, which partially complies with Housing Element Policy B-2.2. Housing Objective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The development will have a significant effect on the environs of the existing single family residences. While the traffic will increase on the access road, the introduction of additional neighbors will improve the safety within the area by providing more "eyes" in the neighborhood to deter criminal behavior. Despite the increase in traffic, the proposed development should improve the habitability and stability of the surrounding neighborhood in terms of replacing a neglected mobile home park with the apartment complex. Further, the year-round residents of this development will aid in the revitalization and economic stability of the City and particularly commercial businesses along Federal Highway and Linton Boulevard. The applicant proposes to buffer the subject development with a 4.5-foot Green Buttonwood hedge along the north side of the property and a fence together with the 4.5-foot high Greeh Buttonwood hedge along the east and west sides of the single family residences. Per LDR Section 4.6.4{A)(2)(a), a buffer is required that consists of either a 6-foot solid masonry wail or a 4.5-foot hedge is required along the northern property line. As noted previously in this staff report, there is a condition of approval attached that a 4.5-foo# hedge also be provided along the west side of the property. Based on the above, an adequate buffer has been provided between the subject development SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 17 and the adjacent properties. Based upon the recommendations above, the development proposal will be consistent with Housing Policy A-11.3. Section 2.4.5 [F}i5}_--Compatibility {Site Plan Findings}: The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north by RM (Multiple Family Residential -Medium Density), R-1-A (Single Family Residential) and PC (Planned Commercial); to the south by PC; to the east by RM, PC, and OS {Open Space); and to the west by SAD (Special Activities District). The surrounding uses are single family, multiple family, general commercial to the north; the Plaza at Delray to the south; multiple family, general commercial, and public park to the east; and single family to the west. The residential development will significantly enhance the aesthetics of the subject property as well as the neighborhood as a whole. The proposed redevelopment will provide year-round customer and employee base for the nearby commercial properties as well as new opportunities for area businesses. The stability of the area will be enhanced by the addition of the new households that will patronize area businesses and contribute to the long term revitalization of this area together with an increased employee base for the commercial uses. REVIEW BY OTHERS The property is located in an area that does not require review by the Community Redevelopment Agency (CRA) or the Downtown Development Authority (DDA). Courtesy Notice; Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Neighborhood Advisory Council - Delray Citizen's Coalition - Delray Beach Harbor Club E View HOA - Delray Place - Domain Delray - Linton Woods - Banyan Tree Village - Harbourside - Heritage Club Find attached, an a-mail from Aisha Colon that expresses concerns with respect to the ownership of the interior road. ASSESSMENT AN=D CONCLUSION- The proposed development will significantly improve the aesthetics of the property by replacing the neglected mobile home park with a modem apartment complex. Further, the development will provide a stable year-round customer and employee base to the surrounding commercial SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at 17elray Beach Page 18 neighbors. There are several issues that will cause the plans to be revised prior to certification of the site plan, such as the building elevations and landscaping. Further, the applicant will need to contribute to off-site mitigation of a natural area since none is provided on site. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.7(8}(5)[Waiver Findings] and Section 2.4.5{F}(5) regarding compatibility of the proposed development with surrounding properties. ALTERNATIVE A-CTIQNS A. Postpone with direction. B. Move approval of the request for waivers, internal adjustment, Class V site plan, landscape plan, and architectural elevations for Franklin at Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7{B)(5), Section 2.4.5(F){5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers, internal adjustment, Class V site plan, landscape plan, and architectural elevations for Franklin a# Delray Beach, by adopting the findings of fact and !aw contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.7(6)(5}, Section 2.4.5(F)(5}, and Chapter 3 of the Land Development Regulations. - -.. STAFF RE=COMME;NI3AT'ION By Separate Motions: Waivers: 1. Recommend to the City Commission approval of a waiver to LDR Section 4.6.9{D){3)(c}{1), which requires a stacking distance of 50 feet for parking areas that have 51 or more parking spaces based on positive findings with LDR Section 2.4.7(6}(5). 2. Recommend to the City Commission approval of a waiver to LDR Section 4.3.4(H)(6)(b), which requires a 25-foot special landscape setback along Federal Highway based on positive findings with LDR Section 2.4.7(8}{5). 3. Recommend to the City Commission denial of a waiver to LDR Section 6.1.3(8), which requires a minimum width of 5 feet for the internal sidewalks based on a failure to make positive findings with respect to LDR Section 2.4.7(8)(5). 4. Approve a waiver to LDR Section 4.6.16{H}(3)(a), which requires a 5-foot wide landscape strip between parking areas and the public right-of-way based on positive findings with LDR Section 2.4.7(B)(5). 6. Recommend to the City Commission approval of an internal adjustment to LDR Sec#ion 4.6.2{B), which requires a building separation of 79.78 feet between buildings #6 and #7, based on positive findings with LDR Section 2.4.7(C)(5). SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 19 Site Plan: Approve the request for a Class V site plan for Franklin at Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5{F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That the heights of the buildings are graphically depicted on the elevations and that they are measured from grade. 3. That the applicant enters into a workforce housing covenant that addresses the requirements of LDR Section 4.7.6(a} prior to site plan certification. The covenant shall include a provision that conveys monitoring authority to the City of Delray Beach. 4. That the applicant contributes $48,871 to offsite mitigation of the natural area prior to issuance of a building permit. 5. That the Small Leaf Clusia be changed to 15 gallon with a minimum height of 4.5 feet to provide the required buffer along the western portion of the site. 6. That the 6-foot high shadow box fence is installed along the east, south (south side of SE 12`h Road), and west sides of the single family properties. 7. That a minimum driveway width of 20 feet is provided for the two-space parking tier adjacent to the eastern single family property. 8. That the applicant install a bus shelter within the easement along Federal Highway. 9. That the equipment within the activi#y zone be submitted and that this equipment be age appropriate for teenagers. 14. That the applicant provides a timing plan to provide uninterrupted access to the single family residence during the construction phase of the project. 11. If it is discovered as the development proposal progresses through the abandonmentlplat process or subsequent legal action that the ownership of the contested street is under the control of the single family residences, the site plan must be revised to account for this situation. 12. That the applicant execute an agreement that includes a provision that the applicant will indemnify and defend the City of Delray Beach in the event that a lawsuit is brought regarding the ownership of the interior street. 13. That language is included in the leases that require utilization of the garages for tenant vehicle parking. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Franklin at Delray Beach Page 20 14. That a standard aisle width of 24 feet is provided for the two space parking tier. E,.andscape Plan: Approve the landscape plan far Franklin at Delray Beach based on positive findings with respect to Section 4.6.16 of the Land Development Regulations. Elevations; Approve the proposed elevations for Franklin at Defray Beach based on positive findings with respect to LDR Section 4.6.15(E), subject to the following condition: 1. That the garages be provided with alternating architectural treatments. Attachments: • Appendix A • Appendix B • Site Plan • Architectural Elevations • Landscape Plan • Letter of concern • Location map Report prepared by: Scott D. Pa e AICP FCP Senior Planner APPENDIX A STANDARDS' 1=0R SfTE PLAN ACTIONS A. Building design, landscaping, and lighting {glare} shat! be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation ofi different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-7 and D-2 of the Transportation Element. Nat applicable Meets intent of standard X {Provided the waiver from the sidewalk width requirement is denied by City Commission) Does not meet intent C. Open space enhancements as described in Policies found under Objective B-'I of the Open Space and Recreation Element are appropriately addressed, Not applicable Meets intent of standard X Does not meet intent D, The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X {Subject to condition of approval} Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs iden#ified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Daes not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Nat applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X (Provided teen age appropriate equipment is provided in the recreationlclubhouse areas) Does not meet intent LAW OFFICES WEINER & LYNNE MICI-GAEL S. WEINER ~EFFxEY C. LYNNE PROFESSIONAL ASSOCIATION IO SE 1~' AVENUE DELRAY BEACH, FLORIDA 33444 TELEPxoNE (56I) 265 - 2fi66 FncsrnxLE (56I) 272 - 683I JLYNNE@ZONELAW.COII~ W W W.ZONELAW.C0114 LAURIE A. THO1~msoN, P.A. ~~ COUNSEL March 3, 2011 Mr. Scott Pape Senior Planner City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Special Landscape Setback Waiver Request Franklin at Delray Beach {the "Project") Our File No.: NCC0036 Dear Scott: Pursuant to Section 2.4.7(B)(2) of the Delray Beach Land Development Regulations ("LDRs"), please accept this letter for a waiver, seeking relief frozxi LDR Section 4.3.4(H}(6)(b) xegarding structures allowed within the Special Landscape Setback along Federal Highway. We are requesting a waiver to allow a decorative fence in the Special Landscape Setback, as indicated in the attached Exhibits "A-1" and "A-2". In relation thereto, please also find a check made payable to the City of Delray Beach in the amount of $140.00, representing the fee for this waiver request. To support a waiver, LDR Section 2.4.7(B)(5) requires that the City make a finding that granting the waiver: {A) Shall not adversely affect the neighboring area; (B) Shall not significantly diminish the provision of public facilities; (C) Shall nat create an unsafe situation; and, {D} Does not result in the grant of a special privilege in that the same waiver would 6e granted under similar circumstances on other property far another applicant or owner. Far the reasons set forth below, the Project meets or exceeds the requirements of LDR Section 2.4.7(B)(5} and therefore, we respectfully request the waiver be granted. A. Approval of the waiver will not adversely affect the nei boring area. The inclusion of the decorative fence within the Special Landscape Setback is to enhance and reinforce the character and style of the Project. The fence is a signature hardscape feature of C:1Documents and SettingslpapelLocal settingslTemporary lntemet FileslContent.Out]ook1192BP92M1Letter to Pape re special Landscape Waiver Mar 3 2011.docx Mr. Scott Pape March 3, 2011 Page 2 the landscape buffer which is considered a part of the overall landscape pacl~age. The addition of the decorative fence is an enhancement to the landscaping. Therefore, approval of this waiver will not adversely affect the neighboring area. B. Approval of the waiver will not significantly diminish the provision of public facilities. As referenced above, this request is to allow a decorative fence in the Special Landscape Setbacl~ which will add to the diversity and interest of the landscape buffer. The location of the decorative fence is shown in the attached Exhibits "A-1" and "A-2". Therefore, approval of this waiver will not significantly diminish the provision of public facilities. C. Approval of the waiver will not create an unsafe situation. For the same reasons set forth above, approval of this waiver will not create an unsafe condition. D. Approval of the waiver will not result in the grant of a special privilege in that the sazx~e waiver has been granted under similar circumstances on.other property for other applicants or owners. The City, through adoption of LDR Section 2.~.7(B), has consistently recognized that waivers are a viable tool to assist in the orderly development of parcels in the City. As such, approval of this specific waiver request will not grant the developer or the Project a special privilege not already granted to similarly situated parcels and projects. Thus, we respectfully request that a positive finding be made with respect to LDR Section 2.4.7(B}(5), Waiver Findings, based upon the justifications set forth herein and the this waiver be approved. Very truly yours, JEFFREY C. LYNNE JCL: alv enclosure C:1Doci~ments and SettingslpapelLocal SettingslTemporary Internet FileslConten€.Outlookl] 92BP92M1Letter to Pape re Specsal Landscape Waiver Mar 3 2011.docx I,Aw o~FlciJs WEINER & LYNNE MICHAF.i. S. WEINER 1F.FFRF.Y C. LYNNE PROFESSIONAL AS50CIATION I O SE 1~' AvENUE DELRAY BEACH, FLORIDA 33444 TF.T.F.PxoNE (561) 265 - 2666 FACSnvffLE (561) 272 - 6831 JLYNNE@ZONELAW.COM www.zoNEL~.w.col~ LAi]RIE A. TxonrrsoN, P.A. OF CouNSEL March 3, 2011 Revised April 1, 2011 Mr. Scott Pape Senior Planner City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Stacking Waiver Request Franklin at Delray Beach (the "Project"} Our File No.: NCC0036 Dear Scott: Pursuant to Section 2.4.7(B)(2) of the Delray Beach Land Development Regulations ("LDRs"), please accept this letter for a waiver, seeking relief from LDR Section 4.6.9{D){3)(c)(1) which otherwise requires a stacking distance of 50 feet for all driveway connections along Federal Highway and 20 feet along SE 12th Road. We are requesting a waiver to reduce the required stacking distance to ~0 feet for the driveway connection off of Federal Highway and a reduction to 5.85 feet, 5.75 feet, and 6.80 feet for the driveway connections off of SE 12th Road, as indicated in the attached Exhibits "A-1" and "A-2". In relation thereto, please also find a check made payable to the City of Delray Beach in the amount of $140.00, representing the fee for this waiver request. To support a waiver, LDR Section 2.4.7{B){5) requires that the City make a finding that granting the waiver: {A} Shall not adversely affect the neighboring area; {B) Shall not significantly diminish the provision of public facilities; (C) Shall not create an unsafe situation; and, (D) 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. For the reasons set forth below, the Project meets or exceeds the requirements of LDR Section 2.4.7(B}(5} and therefore, we respectfully request the waiver be granted. C:1T7ocuments and Settingslpapell,ocal SettingslTemporary Internet FileslContent,qutlook1192BP92M1Letter to Pape re Stacking WaIVCar revised April 1 2D11.docx Mr. Scott Pape March 3, 2©11 Revised April 1, 2011 Page 2 A. Approval of the waiver will not adversely affect the neighboring_.area. The existing driveway off of Federal Highway is being utilized on a daily basis. The proposed traffic volumes are nominal (just above 50 parking spaces per driveway) and the driveway is a "right-in right-out" as Federal Highway is a one way southbound road at this location. The driveways along SE 12~" Road are internal to the Project and will not be servicing large nuxrlbexs of vehicles (less than 50 parking spaces per driveway). Therefore, approval of this waiver will not adversely affect the neighboring area. B. Approval of the waiver will not significantly diminish the provision of public facilities. As referenced above, though the request is to reduce the stacking distance to 5.85 feet, 5.75 feet, and 6.80 feet along SE 12~' Road, the actual effect of this waiver will cause the stacking distance to only be reduced to 19.80 feet, 19.80 feet and 18.65 feet respectively from the edge of pavement and as indicated in the attached Exhibits "A-1" and "A-2". Therefoxe, approval of this waiver will not significantly diminish the provision of public facilities. C. Approval of the waiver will not create an unsafe situation. For the same reasons set forth above, approval of this waiver will not create an unsafe condition. D. Approval of the waiver will not result in the grant of a special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. The City, through adoption of LDR Section 2.4.7(B), has consistently recognized that waivers are a viable tool to assist in the orderly development of parcels in the City. As such, approval of this specific waiver request will not grant the developer or the Project a special privilege not already granted to similarly situated parcels and projects. Thus, we respectfully request that a positive finding be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings, based upon the justifications set forth herein and the this waiver be approved. Very truly yours, JEFFREY C. LYNNE 7CL:aly enclosure C:IDocuments and 3ettingslpapelLocal settingslTemporary Internet FileslContentOutlook1192BP92M1C.etter to Pape re Stacking WaIVGr revised April 1 2011.docx ~TLAW OFgF_ICa~S~T~T ~~l~i ~ t7L A~ 1 ~r 1!i MICHAEL S. WEINER JEF)ti21:Y C. LYNNE PROFESSIONAL ASSOCIATION 10 SE 1=` AvE1vLrE DELRAY BEACH, FLORIDA 33444 TELErxoivE (561) 265 - 2666 FACSrnIILE (561) 272 - 6531 JLYIV[VE@ZONELAW.COM W W W.ZONELAW.CO1Vi LAURIE A. THOMPSON, P.A. OF CoulvsEl, April 1, 2011 Mr. Scott Pape Senior Planner City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Sidewalk Width Waiver Request Franklin. at Delray Beach (the "Project") Our File No.: NCC0036 Dear Scott: Pursuant to Section 2.4.7(B)(2) of the Delray Beach Land Developlrnent Regulations ("LDRs"), please accept this letter for a waiver, seeking relief from LDR Section 6.1.3(A) which generally requires sidewalks to be 5' in width within a residential community and generally located on either side of roadways. This waiver is to request the reduction of the width of some of the sidewalks within the boundary of the Project (nat adjacent to a right of way) from 5' in width to 4' in width. We are requesting a waiver to provide sidewalks 4' in width for certain portions of the Project as attached in Exhibit "A". This is being proposed in an effort to reduce the amount of concrete on secondary sidewalks and to incxease the green area available for planting of landscape material. In relation thereto, please also find a check made payable to the City of Delray Beach in the amount of $140.00, representing the cost of the waiver request. To support a waiver, LDR Section 2.4.7(B)(5) requires that the City make a finding that granting the waiver: (A) Shall not adversely affect the neighboring area; (B) Shall not significantly diminish the provision of public facilities; (C) Shall not create an unsafe situation; and, (D) Does not result in the grant of a special privilege in that the same waiver would be granted Linder similar circumstances on other property for another applicant or owner. Far the reasons set forth below, the Project meets or exceeds the requirements of LDR Section 2.4.7(B)(5) and therefore, we respectfully request the waiver be granted. C:1Dacuments and SettingslpapelLocal SettingslTemporary Internet FileslContent.Outlook1192BF92MILet€er to Scott Pape re SldeWalk waiver Apr 1 2011 (2).docx Mr. Scofl Papc April 1, 2011 Page 2 A. Approval of the waiver will not adversely affect the nei h The requested reduction in sidewalk widths is not adjacent to the dedicated street and is within the boundary of the Project. Therefore, approval of the waiver will not adversely affect the neighboring area. B. A royal of the waiver will not si nificantl diminish the rovision of ublic facilities. The reduction in the width of the sidewalks to 4' will not diminish the ability for a user to utilize the sidewalk versus a 5' sidewalk. The sidewalks are located within the Project and are for the use of the residents of the apartment complex. Therefore, approval of this waiver will not significantly diminish the provision of public facilities. C. Approval of the waiver will not create an unsafe situation. For the same reasons set forth above, approval of this waiver will not create an unsafe condition. D. A royal of the waiver will not result in the ant of a s ecial rivile e in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. The City, through adoption of LDR Section 2.4.7(B), has consistently recognized that waivers are a viable tool to assist in the orderly development of parcels in the City. As such, approval of this specif c waiver xequest will not grant the developer or the Project a special privilege not already granted to similarly situated parcels and projects. Thus, we respectfully request that a positive finding be made with respect to LDR Section 2.4.7(B)(S), Waiver Findings, based upon the justifications set forth herein and the this waiver be approved. Very truly yours, JEFFREY C. LYNNE JCL:aIv enclosure C:1Documents and SettingslpapelLocal SettingslTemporary Internet PileslGontent.Outlook1192BP92M1Letter to Scott Pape re SldeWa~~C waiver Apr 1 2D11 (2).dacx LAW OFFICES WF~INElZ & LYNNE MICHAEL S. WEINER ~EFFREX C. I.~XNNE PROFESSIONAL ASSOCIATION 10 SE 1~`AvEN[JE DEI_,IiAY BEACH, FLORIDA 33444 TELEPHONE (561) 265 - 2666 FACSIlVIII:E (561) 272 - 6831 JLYNNE@ZONELAW.COM W Ww.ZONELAW.COM LAURIE A. THOMPSON, P.A. OF COUNSEL March 3, 2011 Mr. Scott Pape Senior Planner City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Req>txest for Internal Adjustment Franklin at Delray Beach (the "Pr©ject"} Our File No.: NC00036 Dear Scott: Pursuant to Section 2.4.7(C) of the Delray Beach Land Development Regulations ("LDRs"), please accept this letter as our request for an Internal Adjustment, relating to LDR Section 4.b.2(B), which regulation, as applied to the site plan, requires a distance between Buildings 6 and 7 to be 79.78 feet. This Internal Adjustment Request seeks to reduce the required distance to Sb.75 feet, as indicated on the attached Exhibit "A". Please also find a check made payable to the City of Delray Beach in the amount of $140.00, representing the fee for the Internal Adjustment Request. To support an Internal Adjustment, LDR Section 2.4.7{C)(5) requires the City make a finding that granting the Internal Adjustment does not diminish the practical application of the affected requirements of the specific LDR section, and that by granting this Internal Adjustment, a superior development product will result. For the reasons set forth below, the Project meets or exceeds the requirements of LDR Section 2.4.7{C){5) pertaining to minimum building separation distance. Therefore, we respectfully request the Internal Adjustment be granted. The proposed site plan for the Project is for the development of apartment buildings along the existing SE 12th Road corridor and this request for an Internal Adjustment seeks to reduce the required distance between Buildings b and 7 from the required distance of 79.78 feet to 5b.75 feet. The requested axea to be xeduced is internal to the Project. Therefore, approval of this Internal Adjustment will not adversely affect the neighboring area. The facades of the two buildings at issue are varied and have garages on the sides of each facing each other. The variation in the buildings create diversity in the planes of each, breaking C:1Documents and SettingslpapelLocal SettingslTemporary Internet Fi]eslContent.Outlook119213P92M1Letter to Pape re I nterna I Adjustment Mar 3 2011.docx Mr. Scott Pape March 3, 2011 Page 2 the rnass so as to avoid creating a "canyon" effect. The reduction in the building separation will not create this effect and it is only within this one constrained portion of the site. The City, through adoption of LDR Section 2.4.7(C), has consistently recognized that Internal Adjustments are a viable tool to assist in the orderly development of parcels in the City. As such, approval of this specific Internal Adjustment request will not grant the developer or the Project a special privilege not already granted to similarly situated parcels and projects. Thus, we respectfully request that a positive Ending be made with respect to LDR Section 2.4.7(C)(5), Findings, based upon the justifications set forth herein and the this Internal Adjustment be approved. Very truly yours, .JEFFREY C. 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R... ..erg ~ a 11I ~,----- ~ I ~ ~ Z J _ O ~ I © ~ -- - ---~ o m - p~ ~> a~ '' a , m ~~ o as - ~ o ~ °- ~ o fe~fy139TYJed 39YS~NRBOO~IH .-..~ ~~w....~.. w_ ...._._ -_.~_......_. ~ ----- -_.._..~.. _..........._.w _....... _._.~_ _.~_-_._.-----._...~~ _ _~.~.. ~. -~-----._ ~. _~.... _..~ ... _...W.~,.._. ~__... ~~rn~. ~~rir H ~~~ s ~~a.~ ~~~H ~i~c ~ ] x E £84[E "7d `H~tl39 A4~E'Ll~ ~ e ~ a ~ a y µ£~ ~' ~ ~ 00[ 3€I(75.LMH 7tl$3CL~'S U£U[ ~ _ ® ,,~ O Q~ qyy ~ ~ ^ ~ ~, $93fNdNi03 .C21f].LNH~ A781S 3 _ ~ p ~ ~ ~ ~ ~ ~ z ~ daRi07d' HHV99 AdiE'i8U ~ _ ~ "" V p q ~ ~ ~ ~ u w U H~Nd9 Atl11'L9Q .LV NI731NV2[.~ ~ika ~a a ~` Fi E L~Lb ~! ~, z~ ~ h w w ° w ~' h' ~ a'e a ~~ ~ ~ ~ ~ ~ ~ _ ~ ~ , ~ &' ~ ~ ~ € ~ ~ E [ ~ ~ € ~ I lyl ~ ~ ~n ~E~lrl ~~ N _ ~ ~ t 6] V ~ W ~ ~ Y - zq bl w~ ~j b o 4 n w w ~ n o z ~I ~~ o w w ° x 0 I MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: Apri127, 2011 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MAY 3, 2011 TEMPORARY USE PERMIT/DAUGHTER OF ZION SEVENTH-DAY ADVENTIST CHURCH ITEM BEFORE COMMISSION City Commission consideration of a request from the Daughter of Zion Seventh-Day Adventist Church for a permit to erect a tent on a vacant block owned by the Delray Beach Housing Authority (DBHA), located on SW 12th Avenue and 10th Street, from July 7, 2011 to August 13, 2011. The temporary use under the tent is to conduct six (6) weeks of nightly services from 7 pm to 9 pm and community outreach programs on Mondays and Wednesdays from 6 p.m. to 7 pm. BACKGROUND Section 2.4.6 (F) of the Land Development Regulations governs temporary use permits. Uses under a tent are limited the following: 1. Sale of seasonal items which, when protected from the sun, provides for a less hazardous product for the public use (i.e. Christmas tree sales). 2. Assembly occupancies to protect the public from the elements. The use of tents for retail sales or other commercial use is prohibited. Sometime in the early 1990's, the City Commission delegated the approval of eligible temporary uses under tents to the Chief Building Official. They also directed that such approvals should not exceed three (3) days for each permit other than those associated with seasonal items. All others would require City Commission approval. The Daughter of Zion Seventh-Day Adventist Church is requesting approval to erect a 40' x 80' tent with a stage and lighting that would accommodate approximately 200 persons for six (6) weeks. According to their letter and my meeting with the church representative, their nightly sermons will be focused on the prevention of drug abuse, teenage pregnancy, gang violence and alcoholism. A waiver to the noise ordinance may also be necessary since the uses of amplified sound systems are generally used for the music ministry and to convey an audible message. Also, it should be noted that all parking associated with these 6-weeks of church services will be on an unimproved surface. The church's regular sanctuary and other facilities are located at 201 NW 3rd Avenue. I have attached, for your reference, a copy of the letter of request, the site plan identifying the location of the tent including the lighting plans and the agreement between the church and the Delray Beach Housing Authority authorizing the use of the land. While the agreement references only the community outreach programs on Monday and Wednesday evenings, the Delray Beach Housing Authority does not oppose the nightly services during this event. The City Commission considered the request at the April 21 Regular Meeting and tabled the item to the May 3 Regular Meeting. A memo is attached from staff providing additional information regarding how other cities handle this type of request and input from HOA presidents. RECOMMENDATION Staff is recommending approval of the Daughter of Zion request to erect a tent on the Delray Beach Housing Authority property for a period of one week. i ff' i i~ _ ~ M i II II ~i I~ II II I I I~ ~,, p/f~". ~~.~~re~ ~, ~, . . gym.,.,, +~ I_ . ~ .,.. _ ...W... ~ ... ...... ..... .... ...._.~ Te tP~e~ ~Nar~~ra~le o~,i~~y ~arr°~rr7is~i~,r~ers; ,.. ~. ,~ .. ~~ ~ ~~~ ~k~e Daughter of Zinn C~,urc~~ in Delray Ieacll, E=~ desires tc~ set. up ~ tent at tf7e corner ~rf Lcavwsan L~~ulevard and ~,"'". 1`~° Avenue un L~ellray C~each. 1"he tune ~eriad needed far these cast-free services is six, vveel~s. We are asl<irug yaur~ perrroissian ~~ conduct services frc~rn July 1, 2011 to August 13, 2111.. We grill rurm cc~rnrnunity eutreach pre~grarr~s each fVlc~nr~ay and. Wednesday afterncrr~n frrarr~ 6:~)r~ P.V1JV. ~~+ I:C~U .M. Frarr~ 7:Q~b R.M, to 9.f~~ F'.lVi. nightly, issues inv~alving the pr~v~ntian c+f drug abuse, teenage pregnancy, gang vielence aind alc~haJisn~ ~r[II lae fecused u~c~n. Relav~r is a tentatiive rautli~ne of planned c~rnrr~unity pr~grarrrs. Weelc one _ Health cre~enin~gs ~acilitater-~andr~a Srrrith, R.I~~.1,5. Week "fvsr~W~ive Ways to Raise Ycaur V~ild's hest Scares I"acilita~tr~r A.udra Wells ~JVarl<, M.S,, Ed.S. WeeB~ three-I~istril~utiran c~F (=uad 1a~xes Weep (=caur-financial iV9anagerrtenl: Sl<ills Week dive-~lealth Screenings Weep Six-I~istri~butinn ~f Feed ~nxes Facilita~c~r-Juliet Tracey, ~C.1~,.., f=acilitatar-Sandra 5ii~:taY R.fV~., 1Vl.. Thanl~ yc~u for cr~nsidering this preprasal. If yr~u have any questir~ns, Tease feel free t~ call R~aland H. 'lark at 561.-77-5519. Very truly years, Harc,ld l-9. k3rc~ral<s Paster Roland ~-~. Mark 1~erscanal IVlin%stries ~irect~ar .~ ~~1 i"~l~,~r~l~~~v~..,~9~~ .i.l i " , ,, ~ yew I:~~~.wlr°a~~~r I~~,~wc;~'~, l~~~l~,ri,"" i C'l. ~ ~5P~1 ~ ~0~-awpr~~~"~ r~larch 1, ~0l l fi~'lr. C3aara Diaz,. Chid uildirr~ C-Ci~ial ~'ity of Delray beach IQfiJ 1'~'Vw' 15~ ~°er~aie I~elr°ay beach, h"1 3~4 ubjeet: Tent permit Applicat"ran arr the Terrrpara:ry ~'se ~;reerrrent l~etaeen Di3i~~ and tl7e l~auhters of ~iarr hurclx Dear 1V1r:. Diaz, ~ttaehed is an ~.reement between the Delray leach l~ausin Autharity (D~1T~) anc~ tyre Daughters of ~iarr church whereby DI~I-l~. autharizes the church to use Dl~T~A~awned landl far the purpase of ~rectn a tent. Tl~e ]~a~u~htcrs of Zgan church plans to canduct varfla~s can7murlity autreach pr°agr°ams an a tempar~ry basis arr each. IVlcanday and Wednesday averring„ fi°an~ 6:a4~ p.. to 7:C-0 p. rn. be~rrrrir~ July Q~~ ~ thr~°u August 2~~ 1. Tease Hate that this Use Agreement is subject to all gavernmerrtal regulatiarrs including tlrase reuirc>d by the ~'ity of Delray leach. if you rc~uire additianal infer°naatian, please cantact me at (561)27~67h~ ext. 13 aa~ l~iguyerr Tram at ext. ~. Than:Bc you fbr year ttentian. inccrcly, a ~,~ _w. ~ , 7 f ~~ D~-l~lTl~-l:~ 1~1J1~l~d~Tt~l president/~:EQ ~r~~? „+ti'm^r '~~,ra~ao Gra,~ce Sur: 3A~ ~, ~ • , ~,~', ,33444-~3~G ~c (,51) X72-735 usu~.u.al~~ux.rvzy~~ TT ITS ~~~I~EIN,l~I1;1T, made acatl enter-eci intro tiri:; 7°i' day oaf January ~~)i i , h~, anc~ Iae teet-r ti~tc I~el~-~~y ]~'~a~lt I Il~ausit~~;1`~tat1-rc~~•it~-°, ~a ~~ual~liw/ la~d~' ~~te~~c~r~tc ~ncl 1's€tlitic, cr~at~~i t~sttrsraaz~rt to Fl'c~ri~I~. tattrte d~rhapter ~l"~i, her'e~t~after ret'e~ ~ ~~i Ica Krs "I)l~ll~'°, ar°rci I~~4~1C~I~"fEI~ C)L~" ~l~-~1^~T C~i~~~Di~C:I I.w laereit~after ref~rt:etl toa as tlae "l~er-t~t-tittee". 'w?~JI-1E1~.~,.4~, I~t~I-I i.s the ti~~ner anti rnan~ter oaf certain real ~t°c-~~rtwr itt the C:"it~r ~sf L3~ir~~y Leach, Iaaim Leach ~oaunty, Ficaritla, ~~ said prcapert~r (tile. "~l~rc,perty") is legally cl'esc;r°>il~etl in E~luil~it ".A" attached hereto, anal day r°eference made ~ p~ar°t Ilere:caf; anr~ ''HL;f~Tt.~s.~, I~errnittce i1a;~ rectuesteti ti~re rtes cal'the f~l~A."~ abtave-described proalaerty tca eret:t a tent 1`c~r varit~us ccar~nr~7rat7ity oautreacl~~ i~r4ar•anas tca lac treid cart. ~ ten-r~tata.:ry belsis can eaciz iVi~nda~ arrci ~w'edtresda~F evening, frtarn x:60 l~.rn. to 7~()(9 Ia.rrt. beirtrtit~t~ ~r:riy~ %,~ ~t~ 1 i and e.trciir~~; can. Aia>.~st 13, ~fil i, and. '1HEI~Tt'~, L~i~I-I is ~uillir~t; tca aiiQ~~ tlae lea°r~r~ittee tta rtes said at:ea foar the pt:trlatases oaf ~ari<in~ axxtl/car descrahed in IJa~i~itait "13" atta~i~eci i~aeretoa anti. ~y reference ta~ade a la~u~t hereoa$`. ~lC~', TI~I I~EI^ C~R.I~p ire c+an~ir~eratian cif the ~u,r cat` ~`eti T~aliar,~ ~ 1 ~J.(itJ~ arr~ rather l;oa~~. ~a.nd valuable ctansderatioans, recei}~t anti s~tfci;ency cat ~rl~icia is hertM?y ~aei~nca~alecigect, I~I3II1~,17ea-elay grants tta fire ~^errnittee anti the I'eta i~tee herelav ttecelats the tASe oafthe i~rern.ises hereutrafter detit~red. ucan the I~allcarx~ng terms and. ccinditirans: wq-~d, tttt~ppC96.~~pnp~lmp,-µw~~.'4..~i rYa@L:,.rIxJLJaq^~eklgl..~ rI ?~'W. Ji, .8.4n. P kPJ4YY eetion. T.(1i I?r°et~r-tises. ~_ 1'1t~ i~rat~~ises sttl~ja~t to t97is .~~ra~:,t~~at~ ~:+.tt~si.s~.s ajYtl.te ~ra.~ ~s c9e~d;; ~ ~~i its ~~:l~i~it "',,~~"" ~tt~cl~ad liar°~ta ~rtcl k~tir ~'ef~ret~ce ~~~~~~~, ~ part ilaraaf, (tlti~ "~~r~,n~isc,s''"). e~tiatl 1.CV~ I~eti t.l~ of Tarrrl arty ~satt~t~~et~~et~~ertt date.. ~"1~e "1'arnl af`tfllis ~.~raert~etn~ srt~tll i~a fat- ~ i~~ria~ ~s 6^allaws: ~~tiatt i,~3 ~~a.~t. Tl~te t~sa aGtl~a 1'rcrrliss ~~ ~~~~ l~crn7ittaa sl~~i~ tie ate a rent~Cxaa I~~sis. V~"~a actiarl ~.~~ ~c~cc~t{attc~ a~`~rc;rrtisas. TIx~ F~~~°t~~it~e aertfias tl~rat t ltas irtsi~we,atuci t~i~ ~-~rat-ttises ~t~c3 ~~;ce..~~~ts sat7ta "'~s is"'' its its ~istirt ~arYt~itiart ~s afth~ ~"o~xatn~;naem~nt eta ai' Chis ~raat~arlt. e~,tuat~ .(~~ AIter~~iarts. fiGte. ~'artnitte sti~all teat ~t~ce car ~tert~it any it~~ara~~et~nts, ~c~dtiat~s, tna~liiiaatiat~s ar ~~t~r~iians ~~1-tatsae~ct- to aloe ~?r~rllises, accept far t1~c tat-rii~ar~ry t~t7t ~tt~~ tea ~tsas desarik~a~ ita ~:~l~ibit ~. ~'~ ~~I[ actiart ~.~1 ~se° of pret~~ises.. ~Clta ~'ert-nittee shall use; tlla preru~ises sale~y ~t~.d e:~clt~si~~aly fa~• camt~~~tit aa:ttraaci~ 2 ~~:-l~eduled protr~l:nas sl~~cl~c~a11~- l~'t~d it7 1~;hil~:il "`T~''. section ~.~? Waste ~~° 1"~9uis~t~~,~. The ~e~~a~aitte:c shaall got ~: ora~n~t o~• suf~er• to lac con~r~~aittcd and, waste up~aaa the t~rerr~aises or any naaisa~~ce oa- other act ca7° thig~~ wliicla ~iay icsult in daana~c o1~ dcpr~cciatican ~7~ ~~alu:ie c~fith~ l~reza~ises or which rl~ay aft'cct t)1319~vs fie iaate:uwest in tlae l~rea~arises. Section 3.~3 C~~o~eraarnen~lal l~.c:~aalatioa~s, 'l:~he Pcrr~~ii:te~ sha91, at the t~er~nitl,ee"s sole cast and ea~pcnse, conalaN'}< ~~ith all. ~~~°dinanccs, laws, statutes aayd rc~ulatons pr°oraaulated tlae~°er~r~dcr o8~ al1 county, n~unacil:aa-, stake, 1'ederaJ ~~~ other applica6~lc ~ove~°nn~enta:l authorities, a7o .n f`~arce, o~• which nay he~-oaCte~. lac in force, pertaining to the ~°er~aaittee or its use oaf"the F're,~~rises. `~"he 1~eirnittee shill i~ad~inr~ify, defiwilcl and save I~L~HI~ l7arrnl~:ss f°ro~n any ~~~ al'1 penalties,, Vines, casts, cpcnscs, suits, claims or dar~raes ~°esultin~ ~~~n~ tl~e Peri~littee':s tailu~re t~~ ~~eria~rr~ its a~~riiatir~ns in this c~:;tic~fl~. ectioa~ ~.t14 ~urrcnder ofl'rernises. Upon termination or c:~piration oftl~is Areerrmcnt, tl7e Pcrn~ittce at its sole coast arkd expez~ase, shall rerno~°e alb caf its peg°sonal prope~~ky tzom the l~rc~nises aa~cl shall sua~rcradca~ the t'rca~rises to I~~1-IA un the sarnc c~i~r~ti~a~7 the ~"~~eraa.ises wexe i.n ~,s ~a~ tae C;~amrr~ene~r~~nt Late ~a~ this 1"~reemea~t, roasonablc wear and gear oa~ceptcd. If the l'ertnittee fails to re~-nc)ve az~y ofthe personal laroperty froa~a the l~reanises, they. -upon. cl~iration of the Tcrin of this 1-'~,~reerrle~~t, l~l'~T nay i:ern~ave said. perscanal property lroivl tl~e. l~rcgr~ises for° which the cost the Fermittec shall be responsilale and sl°~all pay ~t°ornptly u~crr~ deraland. ~'~lC~~ g~- 11 ~l~d"""~:+~:[,:~'l~+" ~~' ]P]1~+"1~; ~tic~r~ ~l.~l .~s~ac-ansil~ili~r c~1't11~ 1~r~~itt~e, t~.lJ pc~r.~is~ns ~rf the F~j~~n~is~s slxall lie lc~pt i~~ ~nc~d r~pairµ a~ad c;c~i~ditc~n ley tl~r~ pax°n~itt~. t the ~~~ ~f khe T~rn~ cif this €~,r~~~~e~~t, the 1~~fl•i~~.itte~ sl~ail d~liv°c~ th~° ~'r~n~ises ~~ L71'~~H,~ in a~a~d ~epai~- a~1c1 cc~nditi~n as ~•,pec~ied h~~°cni~. ~ern~itt~~ l~a~t°~1_~~ a~;r°~s 1c7 1~~~i1~~1at~1 1°~~mcrv all tra sly, t°a1l~l~ish, del~z-is, a~~.d ecluipJ~~~~t It~c~jr~ t1~~.17~~~txis~s ~~p~n the tc;~-rt~inatic~~~ e~1~t1~~~ t~rt•ix~ ~l.'th~ir use and tai r~fturn they prnlis~s t:c~ the I~~lray L~~a.ch I lr~~.a~;i7~ r~ ut:ly~~°ity lr~ tl-de ~az~~ n~ar~~~u~° as. it ~{as at the inc~ptica~ aal'this ~~•e~~7~en~.. r~~~~~x~.itt~e shall 1~~ t•sl~cansi~al~ ~~ar ~lcctt'ical service if r°~cl~tit°~d as well as all.. nec~ssa~y s~cur°1ty fc~~ the ~raricrus c,v~nts, ~'ecticrn 4.(1. The Pern~itt~~: ,shall p~•a~vide s~~cl"r ~vid~~~cc:- c,f its ~.c~~rypc~i°at~ ~r~~d standing is~ ~~ist~tic~ tc~ tl~ L~L~H~ l~n~ic~a° tc~ rac.cupancy, as well a.s a C"~t~titicat caf" lncl,~n~l~a~ncy as t~ its c.c~rya~e~~t ]lit°e,~2ad"s ag~cl C~t"tc~b s. .~'~~., ecti~at~ 5.lll LiabIllity Tns~x~ar-~c~. Thy I'~rn7itt~;c shall, caring; the ~nt~-~ ~"e~-~n l~e~~raf, l~~~p in f~~il' fc~~ce az~d elf~ct. d~~neral Liabiility lns~~ranc~ %n an a~nc~~~tyt nc~t 1~~ss tl~ran C}I~i~ IIJI.Ia~1"~I 1~~L~L1'~l~'~ {~ 1,(~(~(},0(?~,l)()) per t~ccurr~nc~ cc~rnlain~d single limit l~c~dily inj~~y and pr~p~rty dairna~e liability. 11ll insc~ranc pc~lici~s shall r~a~ tl~e I313~I1A as A.c~dilic~~xal. Insured, ~cach ins~a~°ance shall. be in an insurance; c+arnpany licensed to dc~ business in ih~ Mate ~rfl~larida and. snbjc~~ttc~ tlti appr~aval cal'the T~~-TA,. A. C:ca~~c%fieHat~ c~I~Ins~da°anc~ ~vic.~lenct"n~ such incur°anc,~ c~vera~ shall ~ }~rr~via~e~l t~ tl~e I~Z~1[~A ~nrii:l~i:t~ faI"t~~n (1 ~ days prier tc~ the c~rnna~:ncen~ea~t I~at~, such C`ertificat~ indicatia~~ at 1e:ast t1il~y {~[l) clays price natf.ce cif cancellation ar aclv~rs~ r-natc~ral chan~c in cc~v~~ra~;. 'I'h~ CI~n~~°al Liability policy shall iucludc cca~c~°age lo~• l~rerniscs _ pcratic~nisp C`ontractuai Isi~L~ility, and Inroad Torn 4 F~a-ca~cr-ty I~aarla~c, I~iahility ;over°a~c. Ir7 no event shall the; lin~~ts a7i~ said i.nsur°aa~~;e l~c~hcie:~ _l~e considered ~~ liratiitint; the liability of tl~ae Pea~araitt,ee undca- this r~a•ecrnent. Ir1 the evea~~ that the l~cra~aittee shall bail to of~taia~a rra° al~aaia~tain ir7 t~aall t~o•ce aaad e1l'ect any ia~saaraa~ce covcrat;e: re~~ai.red to be ol7tained h~F file 1~ern~ittee aindea• this ~a°een~ea~fi, I~I~I-IA rra~y l~aAc>raaar•~ :~~aa~ae 1rr~a~7 saacl~ irr~~ar~:n~~ c,arriea°s as ~I~ nzay~ deea~a l~w~ol~c,r, ~~a-ad ~,he I~e;rrnittee sl7~al1 lay as I~~,a-at, ul~~~t~ riara~nr~ ~,i`t11~ ~~l~~I any aa~d all prea~aiurrrs, costs, c;laar~;es rra~ad e~perrses incurz~ed or c;~:l~ended by 1)13I ~A ~a~. ~l~fi~~nin such.. insaaa-aa~t~e. %lot:~vitl~star~din~ the fore~;oin~ seaatence, the I~er°nlittee shall nevertheless Fold I~I~~I,~. lrarr~less 1::a~oaxa any loss or darraae incurs-ed cyr s~aifferetl 1~~~ ~13ll~~ from the F"errxaifitee's failua~e tc~ naaantairr such insarrance. section ~,~t lndea~aniticaticaz~. "1"lrc I'crb~aittcc sl~rall indenanil~P aa7ci save h~arzralcss the L7~H~ iiaarn and. against an~~~ ar~d all claia~rs, suits, actions, dan~aes an~dlor caa~ases oi'aefiiora arising dur•in~ t17e Terns ol`tl~s 1~,.reea7rent t'or any laersona- i_avj urya loss oC]ife ar~dlor° cian~ra~e to I~ro~erty sustained ire or al~orrt the I~ren~ises ley reason or as ~ result oI~ tl~e use. encl. occupancy of the l~rerriiscs by the I~~,r-r~itfice, its a~e<nts, etl~al~loyeesy licensees, invitees, acrd naer~ners of the, laublic ~;enea°ally, ar°acl fr~ar-~ ~ncl against and orders, jud~ernents aa~dlor decrees vahich r~nay e cntercd there-on, anci fi•o>ixa and against all costs, att:orrley fees, expenses ane~l 1iaA~ilities incurred ir-r :and al~o~rl tl~e clel~ense ~{'aary saac;lr claim. In the event I~I~I~A shall lie nxade a laarty fio any ]atigatiraaa. coa~aaa°aenced al;ainst the I~er°a~~ittee or ley t1~ae I'errnitlee against ar~y third party, then. tl~e l~er-ittee shall protect and Fold L)f~H~. harrx~less and pay all costs ands attorneys" fees inc>~rt°e~l hy~ L~I~I-IA in ~::cannecti~ar~ with such. litiatirar~g ~ancl any appeals thereof. I`~iotl~ia~ cor~taia7ed herein shall lie construed as a vaaiv~r of sovereil;n irl~n~nunity era~oyed ley tl7e I~I3H~, as provided in f'lcarida statutes 7~.~~ as amended, or ar~ry other la~v larovidin lin~itatioaus on claims. In the e~~ent that it shall herc~n7e t~e~,e~~~~~°y f~i~~ T~1~1-~.~ ~~ ~;~~~1~~5= t1~€' ~~rvic~~ ~ai'a~~~~ att~~~°~~cy tea ci~tc~rce arry cif its r~~;hTs ~~~~c1er this ~.~reen~e~~t car tc~ e~llect a~1~,F suns die t~ i. uz~elcr this ~1 ~?reerrrent ~r tc~ rei7~ed~~ tl~e T~re~~e.h cif any ec~venant c~l'this ~r°ee~~lent ee~ tl~e }.~~~~ c~ftl~e T~er~~~ittee tc7 ~e lce}~t ~i~ }~erfc~ri~ecl, z~eardless c~9~ hetl~er suit lie hrc~u~ht, t11e l~errnittee shall 1~aY t~ T~>3T-1A :~aeh re<~s~~nable fee as sl~iall Tre cl~ar~ed by 1C7~1-I~"s attr~rtrcy fc~r s~icl~ s~r~~Il~es. l~~ul~ s~~it be &~r+~~;td fir the rec~ve~-yr ~f pc~ssessiar~ ~f tl~e 1're~r~iscsq car far aiy sur~1 d~ae f)1~1-1~ under this .~~-ee~~~ent, ~r l~eeause cal: tl~e default ~,y, the T~ern~ittee cif any c~fthe c~ve~~ants ~al'ths ~reen~ci~t, the P'ero~~ittee shall. gay tc~ 1~13H.~. all e}~>enses ~fs~~eh suit..and. any ~}°~l~cal the~,ec~~'; incl~rdi~~ ~ re~~sc~nal~le att~arneXf's fee. ~', ~ ~1~~.~1~. Till l~~T~~ ~~,~dlii ~ectin~~ 7,111. Entire r~l~t. 'T'his A~;~-ee~x~~zat ar~cl arry L;~hi~rit,s attaehed he;retc~ and. forrnin a part thereal'as fully set f~ar~th herein, ecanstitt~te all ~~ree~rres~ts, ~,anrlitg~b~s ai7~i understandings &~etvvee~~ T~T31-~A~ ~X~d tlae Pern~ittee ca~neeinu~~ the Yrez~iises. A11 representatia~ns, citl~er oral ~r~- w~?ritten, shall be deemed tea lie merged ir~t~ this Agreern~ent. Exe}~t as herein c~tl~erv~ase ~•u~~idecl, nc~ subse~}uca~t alteration, waiver, ehane or addition to phis ~.recimeta:t shall lie l~indin~ u}~on T~T3lTA or the P'e~°n°ittee unless reduced to writing and sinecl ley thorn. eetion 7.t1~ 1'~otces. any consents„ a}~Tarovals ar-~l }~ern~issions by I~]dTTr~ shall he effective an~T valid only it°iz~ °ritiz7~ ~z~z~~ r~c~~i~~ ~~y gat}~r art~~ tc~ i1~z~; ~d~~vr ~s~Za~J b~ ir~z v~~ritit~ end ~i~~ll l~~ d~zz7ed tc~ lay du1~ lverz arzl~~ if z~ail~cl pz°~paid k~v ~cr~k.afied z~~i1 re~~rrz x°~c~c~i~a~ r~~~usted, ~ddre~s~d: (a} ~f to 1~I-~1~: T~z~rc~d~y hlliz~~T~~za, I~r~;sid~z~i/~,~t7 ~(lf~ , C,:c~y~ress ~~ez~~a~, ~ui~e 1 I~h°ay c;a~h, l~L, s~3~~q~5 r~ritl7 ~ ~z~~~y tc~: (uulkr~rtc~ F~a~tczriz piss erc~ta ~Ic.l:t`za~~zzx ~aS~Qri's",a ~'~al~ ~c~nisl~~, ~'.L. 2t1~ l/as~ I-3z•~avvard blvd'.., ~~:li~~ 19~~ F'c~rt L,auderclale, ~L :~ ~~G1 C~?} it t~ ~'erzz~atte~; l~ast~r ~-~~a.z°~ald l~z~+~~l~s x(71 ~ ~"d ~l,v~z~u I7~~lray ~a~l~, FI., ~~~~~-~ ~ecticzz~ '~.(~ ~h'aiver c~~` ~uz~ "l"rIl~l. "I"hc ~al-tis~s her~tc~ v~aive tz°i~l try jury iza cc~rz°zrz~c:tic~z~z ~~la ~~r~ce~dzl~s or ~ourzterclaizrzs l~rr~u~;l~~ >~y ~;i~l~~r cz~the ~arti~s l~ez~~1:c~ aaizzs~ ~la~ c~~~r, iza ~,c~rai~e~tczzy ~vi~la this A,z•~ez~x~nt. `~ec~ic~n 7.a~ Cac~vc~rz7itz~ Laver. This Are~rr-~z~t shall lay ~v~rrz~d ley ~z~zd .zat~r~r~t~d acc~rdizx 1a the laws ~f`dz~ Stag cif L"lcyz°ida az-~d venlae shall. he irz F°ah~z ah ~;e~uz7ty. ectiozi '7.~ Ti.zrzcz c,f~ 1`~ss~rnce, "l Ilzrz~ is cry` tl-z~ ess~nc~ with z°~sp~~~,#. ~~ tll~ p~;r~:r~rIlrzarzc;~ +~~~ vey ~rzavisi~zi o~ this ~~°~~zru~zz~ im which tizn ~f p~rf~rzmaa7ce is a fa.ctcar. `~~ctan J.Q6 S~acz~al~il~y. lt° ~~7~° teT'111 a'~ tl1:i~ ,~reer~le~lt, ar the a~~icatiail thet•caf to ~~1y ~resatl car ~°,11`cU111~tc~Tlce, sI1Il to s~~1y e~tex~t k~~. it1~f~lid ar ~~r~~;i7f~~r°~aaV~Ic,, thy. a~arnail~tdea~ a:i"t1~is ~~~~~~1~e~1t ar lh ~~Iaii~,~Iic~r1 af` s~«;I1 ta~~~1~ t.a I~er;~t~~1~ ar- c;il-cLinlst~x~acs at11e~' tlr~~1 tlla~e; ~~ to ~~hicll it i~ i~lvahcl ar ~,~11ci~farae~k~le, ~1~~11 ~1at Ise 419`fea'ted t(1ez°eb~r, ~.~ad e~cl~ ter°~~u af~ tllw ~~°eeu~le«t, slleall Ise v~lr~ ~~ad e1~'arce~I~Ie to tyre, fulle~fl ~tC~[1t ~-rillitted 9~y 1~.~~~. ~IJC'TTt~ "7.l17 A~J'I"I-1~I~'IT"~' ~~'~~ I~e,l'1111t'Cee T'e~7TeSe21t5 th~.t 1t I1~~ the ~9'aI1eC'riLl~hC'fl"Jt~ to 17~~~1' lll"kta th1S L ~711I~a1`~I,1"~ iJ'sa fi~~~-cer~le~~t end tl1~t ~rez~a~1 ~i~ni1~ a~1 beil~llfaf"I~e~°~1litte;e i~ ~~ztha~zed to da sa. I Vv"ITI'~1~, 'I~IE~)~"1I~a ~at~tie~ het-eta hava d~.i1y e~~ca.~tcd tl~i~ A~~•een~ar~t ~~ aITtI1e day ~~xd ;~aat° ~i1°st aba~le ~~1•ittei~, ,~ ~ I~ah~~y I~~~ch I ta~~~ifl1~ A,latha'ity ... "~" ~~ ~ _ de~,4~ e I7~~a~I,:;~~ a~ ia~~ ~h~az•aI1 ~~ ~F ~„~'' ,, ~` .$ l~e~~r~lttc ~. €3 ~'r~~t 1, c~~' a I.,~~k~~ Iaxc~~a~~r•ial 1~~vele~t~1~;~t fir l ~°~i~zll~~1~~1I~.it~r~at°ci Aa~ca~~•ir~~, t~ the F~l~t t~~~r~~f' ~~ i-c;c~~~•~e, i~~ ~1~~~ l3~~ls. C7~, ~~a~;e ~)3 oaf` the ~'u~~i~: I~~e,~rds c~~`F~l.w:rr T~~ac;l~ C`~7~~~ty, I"Ic~rac~~. " ~~~~ - I]~;e~iti7 cr~~ni~~,~ i~~~;.ili:tatr~r - az7.~i~°a ~~~~itl-~ .i, . ~~~~~ ~~~~ ,~'iv~ ~~'~cry°ti~ Jc~ IZcr:~°~ Ycptr~° C'~~i1~',s T~a~~~ ~~r'~c~r°c~.~° ~'~~:ilitat~t° - ~~~cli°a ~el1s I'~~~r0~. SvI.~., ~~.~. '`~~~ `~~~~ 1~~~ri~~~~i~1 crf i~'~a~d ~3r~x~:~ '+'~~ ~+~~ - ~ir~~.~nc•icrl ~~~r~~c;~~;~r~~~rrt' k~'k~Il~~° ~°ac~ili~~t.~ag~ m.- J~ile~~ Tr~re~~, ~".F".A. ~~~ ~"i~ - L~is~rila~~ic~n c~i' ~"ca~ci I~c~xes ~~1V~ ~~ - I~~al~h cr~~rnin~s ~~'ac~ili.~~~.c~r - 5~r~dt° x~niRl~,, , ~~.5. ~'~°irrt P"a _ . _ . .~~. rl.~,~~~ r~~~~~i~ ;,: z_.., ~~ bm~~ l ;~ r~ ~, ,, ~= UL-LI.;-~ l aa~r~(~H Nain~: 1-ICiWSING At.1Tlh1C7RITX :, ... Locatlar~: ~S~tPV S~T~V A;'UE s. '~~~~~, PJh~i~iivg:S7~3 ~~6~GRGSSA~V~ i C~ELf~AY BEAI~H, FL ~ ~ ;~ 1445 343 `~ tom„ ~, i r„~~~~ ....~~~~~. ~~ f,iark~t Vale: ;~1~p„513 As~e.ss,ecY Val~w~: .~1C~i,C13 Exempt P,rrrrdt: ~+16~7,813 r ~i,,., ,' ~axak~le; ~C9 ~ ;~' Ad Val4~rem: $.Cra~ Nr3n~ ad valcarern: $;145.38 ~e4al: $345.38.. 'o,,,;: ,,<~~ ~ ,, ~ ~. ,.,, Sale, Dahe ~ r/v ,,; ;ice%~!,,,,. ~ ~ G~9125J2CffV~ , ~~ o: ~5~CF21~(YL~H r';l; f,,,,~ C1~127/2pg4 r, Q~P01J1~~7 .._~~.~.~. r ~ '%r i~, i ;i. ~~% u~i ~~, ~~ ~~, l / ~ . ~~~ ~ r i ( i"ff I ~ ry~.~~~ ~ Ili 1?'. I I I //r I ! i"?~ I praclurerl by. p~pa8is Y,, t~ III /,, >~~~~a~s~oaoaa i I !I i. F'~ ~ ~~' Sale Pric $1 $1 Pa,lrll ~~~G~ '~(9dlT-~j! ~ Pr~ape-°ty Appraiser a~+ I*~ilcolits, ~p`A hip:/lrna~,~~,~irr>I~~~~1~.~1.w~~/~~i~/rir~~~r~~J~~~~a~c~~.it.~sp 3/~f~Q1.1 ~i~ ~r~~r I~.~ prir~~ I'~a~dy, "I~~ch 7, {~11 ~ ,° F' i u ._, e,n i ~ ~ ~ I _ v" " d ppppN p ~, ~~ a~ V~~~~p ~+. p. ~, ~~ a~ A A~~,. i ~i ti~ ~m -a. ~ a. ~. o ,. ~ ~~ ~ ,~" "~ 6 ~~ i .~„ ~ ~ - n ,w ~_~ _~ , ~~ ~ a ~w. ~ ~~ .a ~ :;~ ~~ ~ ., ~ -~ ~~, ~:~ ~~~~~ is ~ ~~ ~ ~~ Memo To: David Harden, City Manager From: Lula Butler -Director, Community Improvement Subject: Uses Under Tents Date: Apri129, 2011 In reference to the request from the Daughter of Zion Seventh-Day Adventist Church, we conducted a survey of the surrounding cities on how they handle similar requests. The cities surveyed were: Boca Raton, Boynton Beach, Palm Beach Gardens, Deerfield Beach and West Palm Beach. All five cities handle this type of request as a Special Event under the appropriate department, usually Planning and Zoning or Parks and Recreation. The duration of the tent installation depends on the event. The exception appears to be the City of West Palm Beach, which allows an event tent up for 180 days and the City of Deerfield Beach does not issue a permit for tents without a principle structure on the lot. I contacted a few of the HOA Presidents. Generally, they would support a revival tent, but it appears that the common length of time that should be allowed for this event is one week. I am sure that if we were able to speak to a lot more residents, the positions would vary. Based on these findings, staff is recommending approval of the Daughter of Zion request to erect a tent on the Delray Beach Housing Authority property for a period of one week. Also, the Delray Beach Housing Authority does not oppose the nightly services during this event. • Page 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Serivices THROUGH: David T. Harden, City Manager DATE: April 14, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MAY 3, 2011 ASSIGNMENT OF THE FORMER KYOTO SUSHI VALET PARKING QUEUE ITEM BEFORE COMMISSION The item before the City Commission is assignment of the valet parking queue on NE 2nd Avenue formerly operated by Kyoto Sushi. BACKGROUND Kyoto Sushi operated a valet parking queue on the east side of NE 2nd Avenue (Pineapple Grove Way) from the inception of the program until the 2009 renewal, at which time they elected to discontinue operating the queue. The queue was comprised of the three spaces on the east side of NE 2nd Avenue just north of Atlantic. In October 2009, Tramonti's, located at 110 East Atlantic Avenue, applied for a valet queue on the north side of East Atlantic Avenue in front of the restaurant. The queue on NE 2nd Avenue was offered as compromise as the Parking Management Advisory Board (PMAB) and City Commission were not supportive of additional queues on Atlantic Avenue. While not receptive to the offer at the time, Tramonti's is now moving forward with a request to enter into a valet license agreement to operate this queue. Two other applications have also been submitted for the operation of the queue. Ocean City Properties has applied on behalf of Bru's Room, La Solita (occupying the former Kyoto Sushi space), and House of Siam; and Delray Parking Systems on behalf of City Oyster, Carver's Restaurant (formerly Rita's Delray Ice Cream), and 123 Atlantic, (a proposed restaurant). While the applications were received at different times, (Tramonti's first, Ocean Properties second and Delray Parking third), an argument could be made that one applicant may serve the City, its residents and visitors better than another, raising the question if first come first served is the most appropriate approach in assigning the queue. Considering the valet agreements require the valet to accept all comers, the difference of who holds the valet license may be determined by other factors such as, number of parking spaces proposed, location of the lots to store vehicles, travel route to and from the queue, experience in operating in the City of Delray Beach, etc. At the March 22, 2011 PMAB Meeting, each of the applicants gave a presentation to the Board. Deliberations focused on each of the applicants' willingness to work with neighboring businesses to validate parking for their patrons, to which they all agreed. Concern with Global Parking Services (representative for La Solita) travel route were raised regarding the proposed use of Railroad Avenue due to its high pedestrian activity, and the alley system due to its congestion. Crossing of the FEC Railway Tracks was also mentioned. While staff understands the Board's concern regarding the travel route, valets have been crossing the tracks without incident for years. It is noted that Global Parking Services approached staff after the meeting stating they did not want to interrupt Board discussion, but are open to modifying the travel route to address the Board's concerns. Concern for the marginal number of spaces (20) Tramonti's was providing was raised considering this is one of the busier sections in the area. The applicant responded that they will get more parking. The Board questioned Delray Parking Systems why an ice cream store (referring to Rita's), classified as retail food sales, would need a valet queue. The question arose as to whether a retail establishment could apply for a queue, taking the position that valet queues were relegated to restaurants only. Staff advised the Board that valet license agreements did not address an establishment's classification, thereby allowing it. The new owner of Rita's advised the Board they will be opening a restaurant. While Delray Parking was considered a viable applicant, they were not selected. The Board's suggestion of a validation program is for neighboring restaurants to acquire spaces and allow their use by the valet, for which, in return, the valet would validate their customers' parking. Potential flaws in the suggested program are the distance spaces may be from the queue, the number of spaces provided versus the percentage of customers using the queue, and neighboring businesses that may want to participate, but are unable to secure spaces. The Board also supported financial contribution as an acceptable validation program as well. Please note, staff is working on modifications to the Parking License Agreements to address what may be considered exorbitant pricing, as some of the valet queues have recently started charging $15 and $20 per vehicle not validated by affiliated business. Staff views this practice as an attempt to circumvent Section 2 of the agreement requiring valets to accept all comers, regardless of destination. Staff will be bringing forward amendments to the agreements imposing fee caps, maximum fees permitted to be charged, required validation programs for neighboring businesses including but not limited to the contribution of spaces, financial contribution, discount coupon programs, or other acceptable methods . The Parking Management Advisory Board, at its meeting of March 22, 2011, recommended the valet queue be assigned to Tramonti s with the caveat that they will work with neighboring businesses offering validation programs. Subsequent to the meeting, a letter was received from Thomas M. Stanley of MacMillan & Stanley, PLLC, representing Ocean City Properties to modify the request submitted by La Solita, for the queue to be assigned to Ocean City Properties, Ltd., landlord of La Solita. As owner of the center with several restaurants, (La Solita, Bru's Room, House of Siam and a restaurant planned for the old Palm Beach Photographic building) the owner feels it more appropriate to assign the queue to them given the time they have been there. Additionally, the valet service has proposed a $5 fee on Sunday through Thursday and a $10 fee on Friday and Saturday . Tramonti's has also provided a letter agreeing to work with other restaurants and keeping parking under $10 dollars. REVIEW BY OTHERS The PMAB, at its meeting of March 22, 2011 recommended awarding the valet queue to Tramonti's. RECOMMENDATION Staff is seeking the City Commissions direction in this matter. LA,v41 OFFICES WEINER & LYNNE MtC~L S. WE1N1;R ,~EFFREY C. LYNNE KARA C. TAINTS LAUTZTE A. TT-TOMP50N, P.A. OF COUNSEL February 2, 2011 Mr. Scott Aronson Parking Management Specialist City of Delray Beach 100 NW lst Avenue Delray Beach, FL 33444 PnoFl;ssloNAL AssoclATTON 10 SE 1~ AVENUE DFI..RAY BF~ICH, I~7.ORIDA 33444 Re: Valet Parlung Queue fot• Tramonti Restattt•ant Our File: TRAM002 Dear Scott: •rE1.EPxoNE (561) 2fi5 - 2666 FACSIII4TT,R (561) 272 - 6831 AiWEINER@ZONEI.r1W.COM 'W W W.7AIJELP.W.COM VIA HAND DELIVERY On behalf of our client, LSMS, 1NC, (dba Tratonti}, please consider this letter a formal request for five (5} parking spaces along Pineapple Grove Way for a valet queue far Tramonti Restaurant. Enclosed with this request are the following items; 1. A draft of the Parlcii~ieer~se-Agreot along with a map indicating the parking spaces to be used for the drop-off and pick-up area of the valet queue; 2. A map indicating the three (3}lots being proposed for the parking of the vehicles; and 3. A letter from the owner of Tramonti Restaurant requesting the use of parking spaces along Pineapple Grove for a valet queue; and 4. A copy of the Florida Department of State Division of Corporations details on the valet company that will be used by Tramonti, Sunshine State Parking Solutions. Please note that this valet parking queue was previously approved for Kyoto Sushi and Sake Lounge, Tnc.; however, is no longer being used by Kyoto as the restaurant has since gone out of business. Please place this matter an the next available Parking Management Board Agenda. if you should need any additional infoxTnation, please let us know. Thank you in advance For your assistance in this matter. Michel ,~'. Weiner MSW: ek Enclosure Cc: Mr, Glenn Abaod (via hand delivery wI enclosures) Jeffrey Lynne, Esquire O:ITRAM002tLetter to Scott Aronson re parking queue application,Feb 2 241 l.docx Print Page Page 1 of 1 ~fl~~~ RISTORANT~ ITALIANO n ~`~-y.,~ ,~- fib'- ~~1~- ~A ~c~ ,~ ,„-~ ,~,~- ` '~ ~' ~ . ` ~iLJ~5i~2.; ~u~~~ VtJn1 L 2 119 E, Ae~antic Ate B Delray Beach, FL 33444 • 561-272-1944 • Fax: 561-272-1704 www.sunbiz.org -Department of State Home Contact Us E-Flling Services Previous on List Next an List Return To List No Events No Name History detail by Entity Name Florida Limited !.lability Company SUNSHINE STATE PARKING 50LUTIONS LLC Filing lnformatian Document Number L0900007766t FEIIEIN Number 270719383 Date t=iled x8/12/2009 State FL Status ACTIVE Et`fective t]ate 48/12/2009 Princi al Address 900 N. FEDt=RAL NIGt-IWAY 200 BOCA BATON FL 33432 Mailing Address 900 N. FEDERAL HIGHWAY 200 _S BOCA BATON FL 33432 Re istered A ent Name & Address DOLLARD, JASON P 127 NI :2ND AVENUE DELRAY BEACH FL 33444 US ManagerlMember ®etail Name & Address Title MGRM FLING, JAY 900 N. FEDERAL HIGHWAY, SUITE 200 BOCA BATON FL 83432 Title MGRM DOLLARD, JASON P 127 NE 2ND AVENUE DELRAY BEACH FL 33444 Annual Reports Report Year Filed hate 2010 01105!2010 2011 01 /06/2011 Page 1 of 2 ~ 4~7 f i ... _ _ Document Searches Forms Help Entity Name Search Submit - ... , ....i_: --__n__..,_.__._r~r:rrriTT o_..... a..,, ..,,.r~-.o.--rnnnnnn~~ti~ ?/?f?n11 www.sunbiz.org - Depa~-Maent of State ©ocument Images 01/06/2011 -- ANNUAL REPORT ~ View image in P~F format 01/05/2010 -- ANNLtAL REPORT View image in Pi3F format 08/12/2009 -- Florida Limited Liability View image in Pt3F format Note: This is not official rocord. See documents if question or conflict. Previous an List Next on List Return To List Np Events No Name History Page 2 of 2 Entity Name Search _._... Submit ~ Hamel Contact us ~ pocument Searches I E-Filinq Services I Forms l help l Copyright c0 and Privacy Policies State of Florida, Department or State t.E+...~;r.~..~n~.,,,,.,t,,., ~...,.~~,,,.<.,f~.l.,.,r.7ot avP7~ntinn=llF'3'F7T Rrinn rfnr~ „~,~,hp.~-r.n~nnnm7~~ ).17.1?,(1] 1 LA~~V OI= I• ICFS WEINER & LYNNE MICHAEL S. WEII~ER rEFFREY C. LYNN>~' LnpuRIE A. THOA~'SON, P.A. March 21, 2011 Mr. Scott Aronson Parking Management Specialist City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Re; Valet Pa3•l~iug Queue for Tramonti Restaurant Our File: TRAM002 Dear Scott: TELEPHONE (561} 263 - 266fi FAC5D1di€.R. (561) 272 - 6831 MWEINERC~LONELAW.COA4 WWW.ZONELAW.COM VIA HAND DELIVERY On behalf four client, LSMS, INC. (dha Tramoilti), enclosed please find a fully executed copy of the License r Parking Spaces. Thank you for your assistance in this matter. Very t • y y rs, Mica S. finer MSW: ek Enclosure Cc: Mr. Glenn Abood (via band delivery w/ enclosure} Lloyd Granet, Esquire (via Federal Express wlenclosure) Jeffrey Lynne, Esquire PROT'ESSIONAL ASSOCIATION 10 5111" Av1;N[lE DELRAY BEACH, FLORIDA 3344 O:ITRAMQD21CorrespondencelLette€ to Scott Aranson re License for Par[cing Spaces,March 21 2011.docx LICENSE FOR PARKING SPACES This Lice e Agrees nt {he anafter referred to as the "Agreement"), and is entered into as of this ~ day of Lam- , 2011, between 60 % LLC, a h'lorida limited liabilfty company, (hereinafter referred to as the "Landlord"}, and LSMS, Inc., a lilorida corporation, {hereinafter referred to as the "Tenant"), 1. Licensed Area. In consideration of the payment of rent.herein provided and the performance of each of the covenants of Tenant herein set forth, Landlord hereby giants to Tenant the Premises as more fully legal described in Exhibit "A" and depicted on Exhibit `B", bath attached hereto and made a part hereof, which Tenant shall have the right to use for vehicle parking spaces far use by Tenant's employees, patrons, guests, invitees and others. Such right shall be from 5:00 P.M. on any day to 1:00 A.M, of the next day far every day of the term of the license. This is a License and use of the tezzns "Landlord" and "Tenant" is far convenience only. 2. Term. The initial term of the License will be for one (1) year except as otherwise provided. The License will commence as of the first day of the month after execution of this agreement (the "Commencement Date"} and will terminate exactly one (1) year from such date, unless extended in ac ordance as set forth herei ~~ Q ~~ ~~ 3. ~ Rent. Tenant agrees to pay monthly rent of One Thousand Twa Hundred Dollars {$1,200.00} beginning on the Rent Commencement Date and the first day of each month thereafter and shall be delivered to Landlord at the address set forth herein. Should the first day of the month fall on a weekend or bank holiday, monthly rent shall be due on the first business day thereafter. 4. Insurance, Tenant shall provide insurance against loss or liability in connection with bodily injury, death, or property damage or destruction, occurring on or about the Premises under one or more policies of commercial general liability insurance. The insurance coverage shall be in an initial amount of not less than $1 million per occurrence limit, $2 million general aggregate limit. Tenant will add Landlord as additional insured and Tenant shall. an'ange for Landlord to receive thirty (30) days prior written notice under any such policies as to cancellation. 5. Renewal Option. Tenant shall have the right to extend the Term of this License for one (1) additional year under the same terms as set forth herein. Thereafter, the Tenant shall have the right to successive one (1} year renewals of this License for up to four (4) years with rent increasing by no more than five percent (5%) per year. Landlord may terminate Tenant's right to renew this License after three (3) years by providing notice to Tenant no later than 120 days prior to the start of the 4`~' lease term. Should Landlord fail to timely provide notice of its intent not to renew the License, Tenant shall have the right to renew the Lease for an additional term of one {1) year. O:ITRAM0021i_.icense Agreement for Parking Spaces 3.1 S. l 1.docx 1 6. Termination. (a) For Cause. In the event of a breach by Tenant of any provision of this License, which breach has not been cured within ten (10) days after notice thereof by the Landlord to the Tenant, the Landlord may declare this License terminated and in such event, Landlord shall be entitled to the immediate possession of the Premises without further notice ar demand. Without Cause. Landlord shall have the unilateral right to terminate this Lease early, on ~- ~ days prior written notice to Tenant. The right to terminate the Lease early may be exercised by Landlord at any time during the original terns of this License and any renewal term of this License. 7. La~~dlord Cooperatlon. Landlord agrees to cooperate with Tenant in all material respects with regard to any permit, application, license, or otherwise which Tenant may seek with regard to the use of the Premises as set Earth herein, and will not othe~`wise unreasonably withhold approval and consent with regard thereto. Such cooperation shall be without cost or expense to Landlord. 8. Notices. All notices contemplated hereunder shall be in writing and shall be deemed to have been given when mailed by certified mail, return receipt requested; Federal Express or UPS; or by electronic mail, to a party at the addresses as set forth on Exhibit "C°' attached hereto and made a part hereof 9. INDEMNIFICATION/HOLD HARMLESS. Landlord, its partners, representatives, agents, and their respective officers and employees, shall not be liable to Tenant, or to Tenant's officers, directors, shareholders, agents, servants, employees, customers or invitees, for any damage to person or property in or about the Premises caused by any act, omission or neglect of Tenant and its agents and their respective officers, directors, shareholders, and employees, and Tenant agrees to indemnify and hold harmless Landlord from all claims for any such damage. The Tenant further covenants and agrees with the Landlord that during the term of this Lease and for such other times as the Tenant shall hold or have access to the Premises, that: Landlord and its off lutes shall not be liable to the Tenant or to any other person for any claim, injury, loss or damage to any person or property on ar about the Premises; and Tenant will save the Landlord harmless and indemnified from and against such claim, injury, loss or damage (including defense costs). 10. TIME OF THE ESSENCE. Time is of the essence with respect to all required acts of Tenant and Landlord and each provision of this Lease. O:i'1'R.AM0021License Agreement for Parking Spaces 3.18.11.docx 2 1 L WAIYER OF THE RIGHT TO TRIAL BY JURY. LANDLORD AND TENANT KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT LANDLORD OR TENANT MAY INSTITUTE AFTER THE EXECUTION OF THIS LICENSE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS LEASE OR THE PREMISES. IN WITNESS WHEREOF, Landlord and Tenant have caused this Agreement to be duly executed, all as of the day and year first above written. Signed in the Presence of LANDL 60 % L , orida limi ed iability company. By: Managing Member TENANT: LSMS, Ina, a Florida corporation By: ~~ 1'rin ame• ' - - Its: O:1TR.AM0021License Agreement for Parking Spaces 3.18.11.docx 3 LANDLORD ; STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Ltlr4'~l /~ ,~ as /~! 1~ of ~ 4 pry GL~ - -, a Florida corporation, who is ersona y awn a or who has produced as identification and w a did not take an oath. WITNESS my hand and official seal in the C t ~nd State last aforesaid this day of ~/,a~L~ , 2011. ,~ Print Name Notary Public My Commission Expires: TENANT: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this da acknawledgments, personally J~~~ known to me or who has produced not take an oath. appeared of LSMS, MICHABL S. WIrINIE~ h'O7ARY PUBLIC STATE: Qi' FLO~ID~1 . ~ Comm# pRa847321 r=xpires f21t6l2Q13 y before rne, an officer duly qualified to take Inc. a Flardda corporation, who is personally as identification and who did WITNESS my hand and official seal in the Count State last aforesaid this day of ~ , 2011. Print ame Notary Public My Commission Expires: ~I~~ Flt ~~ NfY1'ARY FU~L.IB S7`AT~ p~ FLOI~pA . Comm# CD09473Z'I I~rae 1211fi12t)13 ~:ITft.AM0021Lieense Agreement far Parking Spaces 3.1 S.1 I.docx 4 Exhibit "A" Leal Description [SEE FOLLOWING PAGE] O:ITRAM00211,icense Agreement for Parking Spaces 3.18. I l .dacx . -, • Exhibit "A" t.egal Description Beginning at the Southeast comer of Lot 12, Block 76, Map of the Town of Linton, according to the at thereof as recorded in Ptat Book 1, Page 3, Public Records of Palm Beach County, ~ ~ thence North 84E06'S2" West, along the South line of Lots 6 and 12, a distance of 2 feat to a point of intersection with the )vast Right-of-R7ay line of N.E. ls' Avenue, as rec min Deed Book 594, Pages 364 and 365, Public Records of Palm Beach County, Florida; thenc~~rth OOE01'08" East, along said Flight-of--Way tine, a distance of 26.00 feet; thence South 8~~852" East, along a line 26.00 feet North of (as measured at right angles to) and paratlel the South line of said Lots 6 and 12, a distance of 276.17 feet to a point of intersection wjth the Wesf Right-of--Way tine of N.E. 2"d Avenue; thence South along said Rigttt- of--Way, a ~1s~ce of 26.00 feet to the Point of Beginning. tC ~, Also known as: `~~ Parcel D, DFFBFF ~~~at, according to the map or plat thereof as recorded in Plat Boak 110, Page 130, Public Records ~-~alm Beach County, Ptarida. 7" ~~z ~~s ~~~~ t `~~ (c c ~~~~~ Exhibit "B" Aerial of Premises [SEE FOLLOWING PAGE] O:ITRAM0021Liesnse Agreement for Parking Spaees 3.18.1 l .docx Print Page EXHIBIT "B" AEFt1AL OF PF2EMISES 70 BE LEASED Page 1 of 1 httn~l/man~_cn Halm-he:arh fl ~i~/nanani~Inrintino/nanaT.avnnt acnx ~1~4/~l11 t Exhibit "C" Notices A11 notices contemplated hereunder shall be in writing and shall be deemed to have been given when mailed by certified mail, return receipt requested; Federal Express or UPS; or by electronic mail, to a party at the addresses as set forth as follows: To Landlord: 60 % LLC c/o Mr. William Himmelrich 45 N. Congress Avenue, Suite B 1 Delray Beach, FL 33445 E-Mail: To Tenant: LSMS, Inc. c/o Mr. Luigi Silvestri 119 East Atlantic Avenue Delray Beach, FL 33444 E-Mail: With copy to; Michael S. Weiner, Esq. Weiner & Lynne, P.A. 10 SE lst Avenue Delray Beach, FL 33444 E-Mail: r~weiner(a,zonelaw.com O:1TR.AMO©211.icense Agreement for Parking Spaces 3.l$.1 l.docx 7 I.1w n~ices MaCMi~~axx +~ staxa~ey, PLLC 29 NorEheast ~ourtlZ Avenue Delray Beach, F~oric~a 33483 Telephone (561) 276-6363 ~'acslmife (561] 276-8881 macmiilanstanley.com Carol MacMillan Stanley* Thomas M. Stanley ~t3oard Certified 6y Florida Bar !n Wilts, Trusts and Estates. Real Estate April 12, 2011 Via email: Aro_ nsonC~?ci.delray-beach.fl.us Mr. Scott Aronson Parking Management Specialist City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Neil E, MacMillan (1918 - 1996) Re: Vaifet Parking Queue - NE Second Avenue (Pineapple Grove 1/Vay} Dear Scott: On behalf of the my client, Ocean City Properties, Ltd., (and Its current restaurant tenants, including Bru's Room, La Sollta, and House of Siam} it has came to my attention that the Ocean City Properties, Ltd. valet queue was almost reassigned by the City of Delray Beach to another property owner and tenant located elsewhere in town. Moreover, it seems that #here are competing interests for this valet queue, which is not the case. There is but one interest in the situation, Ocean City Properties, Ltd. and its tenants. The application previous submitted by Tramonti Restaurant is deficient due to the 20 spaces (more or less) provided in that application. That is well below the minimum standard for spaces that should be required by the Delray Beach to operate a public parking queue in conjunction with a private lot. The affiliated restaurant with this proposed parking queue has more than 20 cars for its patrons at each seating during peak nights. Furthermore, the general public will be served by this queue as well. Again, the requisite spaces provided by this application is deficient. The application previously submitted by Delray Parking Systems, LLC (Carver`s Eatery, City Oyster, Shank's Restaurant} Is deficient as well. The applicant proposes that its company has the use of the parking lot at 333 NE 2nd Avenue (the Goco Inc. Property). This property has very limited parking and few designated spaces since the site is so old. Further, the applicant has failed to Ocean City Rroperties, Ltd. Page 2 demonstrate that there is a lease or license agreement with Goco, Inc. for #his parking in its application, Additionally, the applicant mentions quite a bit that Delray Parking Systems, Inc. is minority women owned business. While we respect that part of the application, Ocean City Properties, Ltd,, and Meisner Electric, Inc. are both minority women owned companies. The application provided by Ocean City Properties, Ltd. and Global Parking Services, Inc. (initiated by La Solita, an Ocean City Properties, Ltd. tenant} is technically sound in all facets to serve the three restaurants, stand alone bar, and future restaurant coming to the "old Palm Beach Photo space." See fhe Global Parking Services, lnc. Valef Parking plan incorporate herein by reference. (Please note that Ocean City Properties, Ltd. hereby amends fhe application to request 5 public spaces to fhe south of restaurant square to prevent sfacking. See Exhibit "A" and "A-9'~ The parking plan includes over 60 spaces provided by lease to Global Parking Services, Inc. by 306 NE Second Street, LLC (an entity owned by Harold Van Arnem}. The parking lot owner approvals are in the application fully executed by Mr. Van Arnem. Further, Global Parking Services, Inc. has the requisite personnel and equipment (including Golf Carts} to manage the parking demand for Ocean City Properties, Ltd. and the public. At least 60 cars per hour will be parked by this plan at peak hours. Lastly, this is a formal request for the valet queue to be issued to Ocean City Properties, Ltd., which will thereby contract with Global Parking Services, ]nc, to run the public valet queue at the Ocean City Lumber Complex on NE 2nd Avenue. Ocean City Properties, Ltd. will manage this valet queue, As a further comment, the Ocean City Properties, Ltd. valet queue will also enable the property owner to more efficiently manage its private parking lot. The property owner continually has parking management issues with employees and patrons alike going to the City Oyster, Ocean Club, and the Office. Contrary to popular belief, this parking lot is private for the patrons of the tenants of Ocean City Properties, Ltd. only. The Ocean City Lumber "Restaurant Square" is an essential feature to the entrance of Pineapple Grove and the new Old School Square Park. The square as the largest approved outdoor dining area in the city. An active public parking queue will enhance the vibrancy of Pineapple Grove, Ocean City Lumber "Restaurant Square", and the Old School Square Park is essential to the growth of the area at this time. See photo record attached as Exhibit "B" and Exhibit "C." In closing, there are a few comments that need to be made in regard to the valet queue situation. 1. The City Commission and Staff should investigate the need for temporary valet queues on the North Side of Atlantic Avenue. The City Ocean City Properties, Ltd. Page 3 Commission denied the Atlantic Avenue valet queue for Tramonti at December 1, 2009 commission meeting. This would temporarily aid the restaurant notwithstanding any stacking issues. However, this applicant still needs to secure more off-street parking for a public valet queue. This proposed applicant should also consider directing patrons to use the valet queue for Prime on SE 2"d Avenue. See Parking Management Plan (Draft) page 63 "Currently, all the valet queues wifhin downtown Delray Beach are locafed on the south side of Atlantic Avenue and (here are no queues on fhe north side. This creates inefficiency for patrons fraveling from the west to use fhe service." . 2. Delray Parking Systems, LLC applicant should find a way to co-exist with the parking queues for Vic and Angelo's and Cugini Grill across the street. 3. Much weight has been placed in the Parking Study that cost the taxpayers over $100,000.00. The study recommended another study as follows: "Recommendafion: !t is recommended fhat a defailed valet parking study be pen`ormed fo evaluafe the approprrafeness of fhe existing valef locations and to determine a more logical placemenf of valet queues fhat meets fhe current needs throughout fhe City. The option of providing valet service by the City should also be evaluated. The City could either operate fhe valet service on its own or contract fhe services of a private valet parking contractor. It is also recommended fhe Cify of Delray Beach conduct a Thorough review of fhe current valet parking program and revise the requirements so that a comprehensive program can be developed that is fair for all establishments and businesses wishing to implement a valef parking program." Parking Managemenf Plan (Draff) page 63 The Gity has an opportunity to create a more organized and fair public valet parking system in the future. It is our recommendation that the City of Delray Beach work out the use of the public garages for the valet queue, including the Old School Square Parking Garage, which is underutilized at this time. The city does lease spaces for valet parking at the Gleason Street lot and Federspiel Garage. To date, there has Ocean City Properties, Ltd. Page 4 not been any definitive evidence that the City of Delray is moving forward to address this problem and create a "city managed" public valet system as recommended by the "Draft" Parking Management Plan. This concludes the Ocean City Properties, Ltd. public parking queue application and comments. The applicant is open to any conditions or further technical requirements needed to complete the approval process. Thank you for your attention #o this matter. MacMillan & S#anley, PLLC Thomas M. Stanley Thomas M. Stanley, Esq. TMSlsmt enclosures 4 J ~ ~ Ly M1 7 _. ' ~,A~ PA~ItING`~CftV[C~5 , 1lIfG Valet Parkin Plan Valet Provider: ^ Global Parking Services, Inc. ("Global") Location: ^ 5olita Delray 25 North East 2"d Avenue Delray Beach, FL 3344 Hours of Operation: ^ 5:00 p.m. to 2:00 a.m. {Thursday, Friday, and Saturday) ^ 5:00 p.m. to 12:00 a.m. (Monday, Tuesday, Wednesday, and Sunday) Staffing and Insurance: In order to provide a safe and orderly flow of traffic between the valet drop-off/pick up area and parking spaces, Global will maintain proper staffing levels at Solita Delray. The staffing schedule for each level is as follows: • 3 Valet Attendants (Thursday, Friday, and Saturday) • 2 Valet Attendants {Monday, Tuesday, Wednesday, and Sunday) • Note: Additional staffing will be available if needed Global is fully insured. A copy of the current liability insurance certificate is attached. Valet Suns: Global will place "sandwich" signs around the lot area. The signs are made of plastic and either black with white letters or white with black letters. The signs are 3 feet tall and 2 fleet wide. The signs will be removed whenever the valet service is not operating. PARKING MANAGMIhNT' ®~.UT1N5 P.O. Box 4'23 • Deerfii~ld ~eaeh • Fl. 3344 . TEI: 954.64.®6l4 ®F~x: 94596.®~1~ wvw~-.gfob~lpar!<s~rv'i~E~.corrt PA4°~Cfl~[~i ~C#~tVf(~~~ , 1N~ Valet Traffic Flow: The valet traffic flow is designed to ensure unimpeded traffic flow by providing sufficient drop off/pick up area. so that vehicles will not stack on parking lot roads or in front of spaces in which patrons wish to park. We do not anticipate that any stacking wilt occur at the valet stand. The valet service will be able to park at feast 60 cars per hour (i.e., 1 car per,minute), which exceeds the peak hour driveway volume. Fallowing is a diagram which will indicate the flow of traffic. As shown on the attached diagram, the automobiles driving from the south to the north on NE 2nd Avenue, will drive up to the valet drop off/pick up area which will be located on NE 2nd Avenue (just north of E. Atlantic Avenue) within the first 3 parking spaces an the right side facing north. This method would continue to facilitate the flow of traffic from the South to the North on NE 2nd Avenue and facilitate the flow of automobiles yielding to the right for the drop off/pick up valet service as seen in red. Once the valet attendant receives the patron's car, the attendant will drive away from the valet area by yielding with caution toward the left onto NE 2nd Avenue heading north as seen in red. The valet attendant will continue north on NE 2"~ Avenue for 1 1/2blocks then turn right on NE 2"~ 5treet and head east going over the railroad tracks as seen in red. Once the attendant goes over the railroad tracks, the valet attendant will have the option to either make an immediate left entering into Lot 2/L2 to park the automobile, or make an immediate right entering into Lot 1/L1 to park the automobile as seen in red. P ,~, R K 1 f!I G S A N /~ C E M N T 5® L U T I® N S P.®. Box 473 • DEerfiEld beach • Ft, 33~.4r • Tel: 954.6134.®614 • Fax: X54.596.®~1~' www.globafparlcs~rviees.com At the time of departure, the valet attendant will pick up the patron's car from parking Lot L1/L2 by exiting the lot onto NE 2n~ Street going east until turning south onto NE 4th Avenue heading south, then turning right onto NE 1st Street heading west until Railroad Avenue and turning south as seen in green. The valet attendant will continue south on Railroad Avenue until turning right immediately after Bru's Room Sports Grill through the back alley going west, then turning right onto NE 2"~ Avenue and immediately yielding to the drop off/pick up area as seen in green. Fee Structure: Global will charge $5.00 per vehicle from Sunday_Thursday and $10.00 every Friday and Saturday. Additionally, Global will also welcome the public to use the valet parking services. P A fi; ~C 1 N~ MAN A E M~ N ~° S L U '~° I N 5 P.O. Box 4723 • ®~~rfi~ld Beaeh • F~ 33442 • TAI: 954.6~4A6l4 • Fax; 954.596.®317 www.globalp~rl<~~rvic~s.eom 306 N~ 2nd St, LLC 55 NE 5th A~renue Suite 300 Delray Beach, FL 334$3 ~axch 22, 2011 I.Z.e: Parking Lots located at 306 NB 2nd St, nelxay Beach, Fl 33483 To ~crhom it nay concern Global Parking Systems recently signed a.lease with 306 NE 2nd St, LLC £ox parking spaces in the parking Iot located at 306 NE 2nd St, and the parking lot immediately to the north of this property, running para11e1 with the xail~uvay track, Note that before 7pm, parking in certain spaces is prohibited. The Iease is for 30 days and can be cancelled by either patty with 30 days written notice. Please do not hesitate to contact us fox further information regarding this lease. Six~cexely 305 NE 2nd St., L1..C 55I.272 291.2 ~ ~_yl ~, `_~ ~'~. ~ ~ .~.-:yam ~~',~+~' ` ~ ~ ~' f d'~:'p '~ i `. ~. ~~y,. ~~u~r ~t: k~~~ ~ ~ °' '~ ~ _ 'I ~'' ~' ~ ~ ~' ' ~ j _~ f.15+{ ~~.~ `~ irk ~ `~ I~ L ~ ~ _ '. 4 . ~~~' ,~ _ ~ T . ~ r ,y?~ l Y ~ ~ ' Ir' ` - ;i` P ic~H J - ~4 ~ T ~ r T f ,~ j .. ~ r ~ s q~. ~r, fl ~ ~ _ f ^ ` L s, y. ~~[ i, 4' M.. ~._ . _ I ~- ~ [ ~ },{ f ;. ~w - -. Win.-.- ~~ ~:. ~ ti~l ~~``."' - _ ~ w k T {g- ~ a f ;~ ~ X}y:. k1 1 ,...~1~x ~ ~:k 1., i-,.~~.~. Fr 7 ~ /n ~~ ~,° ~p~yy - * ~i~ • F ~,jH ~.V ~ `<. Y ~ ~~# { ` ~ u ~~. G i }} +1 f + 4 ~;1. ! k ~ Y ~ '~~ t 7 ' ~ ; 4 rky j I' ~ Wr ~} ~: ~ + -_ sJ.sL ., 1 ;+~~~ ~f.5~! ~ °~~~ r a,r ,ytir ..,I ~- y; l 1 F-x~_ ~ ~. H ~,~ ,_ '~`~ ~~ E 1 Y~~ ~ ~ "i Ilw ~. ,, .~ s ~ .1f:~ el 1~c' ~ t~ i .~~ F t~` ,1 ~ E• ~ is 2, ~ - i .> ~ _ ' ~ ~, ~7~ ~ ? 1". it 1~p~ -; ~, ~. .' _ _ a 'f. - ~ Si. '~~^~.' s ': YF a !. ~} } 3 / a 1 ,_ . "1kr k ~ ~- ~ V . „ ' Y ~ t tt ~ A• 66 '_'I- a. ~.r - i ^` _ _ ~ R' ~ • { ` ~~ t jj 1 11 i{ ,. a ~~a" X16 ~ 3 p ti~-r ~.~,. _ = 1~"~ v ~ ~ •.~: 7 i ~ j ~ - A ~ ,. - SIT "F t,~, .,_ 1., f, a c?.~~ s I.r ~ ~ ~i *s ~ -- 'i a ~ ~ ~ 9" i . 7 _ t ~ ;. ~~~ ~'~ ~o N ~.- ~ ~ ~ ~ ~ N O ~ 0 N ~ C!) OU ~ O C~ ~ O ram. I ^' f ~ ; ~ 'I ' ~~ ,,~ ~ '~ ~ r ~I -~ J I, ',_ i , r 3 t.~tl( ,~ ~, ~ ~3~ ~ ~ f r ~ ~ T-r ~~ ~a 1~:~~ ~~ '~ ; i ~ t `~ - ~ ~ ~_,~~ I ``! ' ~ a"' ~_ F { ; ~ l ~ 1 S ~ 5 U ~ ~ ~ r ~~ ~ oQ ~ J ~ ~ ~ ~ ~ 1.1J O ~ ~ I-- ,~ ~ UN ~ W r ~ c~ ~ cnZ a To Whom It May Concern: I would like to recommend Global Parking Services for a valet kiosk on 2"d Ave. just north of Atkantic Ave. I think it would be beneficial for our restaurant and for the city in general. Parking problems are constantly a concern for our restaurant and I believe this would solve these problems. Our company has worked with Global Parking Services before and we feel extremely confident that they would bean exceptional provider for the city. We are willing to work hand in hand with Global Parking Services to ensure our mutual success. Please feel free to contact me with and questions, comments or concerns you may have. Thank you. Best egar , A m Rabin Executive General Manager THE 01=E[CE [561) 276-360Q Adam@DavidManeroRestaurants.com Solita Italian of Delray 25 NE 2"d av.Delray Beach Florida 33444 561.899.0888 To whom it may Concern Solita of delray is requeasting the three parking spaces that are and once were used and contracted by with the city of defray for my Iocation.2S ne 2~'d av.Delray Beach Florida 33444 would also like to use Global Parking service inc that are licecened by the city of delray Thank you Ryan Tannenbaum GM (Mobile} 516.567,4410 / ~`~-- Global Parking Services (Valet Provider} Solita Delray (Client} s F ' Red arrows= prop Off Rout Green arrows Return Route Valet Stand (Drop Off & Return} ~- V .~ ~'~p ~ ..: .. ~ ~ i a r ~ ~ Erx`.~ 5 ~ ~ ~~` ~ - i ~ S ? i t-0 h'^'~" Y ~ k F l 3 u b - y ~ M? ~ f ~ _ ' + t . , ~ l . ~~~~ i w 1 yy'~ j q~q )L"rr' k ~ ~ ;I ~ 1 ~".e }p~„ ~ y i~ ! - 3 ~ ( ~ _, 3 _ . r + ~ ~ ~ _ ~ ,'' ~ 1 ~-- ~ _ ti ~- ~ -F C ~] # j J 7 i r _:. r ¢ I `~ ~ 4 T b' ~~8¢ 1 3 '~- ~y { t. ~ M-~ ~ i .~'~ ~~F x j ~z ~' 1 4 ~~ .7 ~ ~ k ~~i C n5 v. I P" n "~; ~ ~ A F'i'r 12' f } : ~.h g ~ r ~~ _- t ~ 3 ~' ~ ~ 7 ~ -: ~7 ~ r - ( '.~ F t33 t f - f 1 # Sri ~j ~ ~~~ = '-_ ~~~ ,1r` J ~? 1 .~ ~'. ~ u ~ r _- }at - i ~k ~i ~ F# T 7 F ~ f- ~ -~1 _' - ' 1 ' j M~ ~ r 1' ~~ t I~Ef _ ~ I'b .~ ;`2 t~ ~~~ 3 ~ ~ 4 . l - 1~; i r !fY ~, 4:-~ 1 ~~c ~~~~ r~ 1 _ rF ~ -ri f;."'°,~^ ~.#~--a ~~c ~ t , i 3 ~ ^~ ~ f ' S~7 - _ ~ ~ 3 ~~ F 4 Y~ 7 4 ~fl '. L - 2= Lot 2 r ~^ Lot 1 Solita Delray 11' ~ F ~- S ur a ~ ~ ~ v voi ~ S =t 'c., - .~i ;" - -_ ~' r { _ ~, , 1 ''~~~.}C 'J t ~ ~~ ~~ t { ~~ E , ,.. ~ i :~ 1 Gil (1 7 ~ B ~ ~ ` ~_ r t Yr.. 9~ ~ ~ y} ~ w~ -~- ~ q.- '~ ~' - -''~ ;.mar X. ~ v 't H $, !1. I ~~' ~ f ~ ~ ~ `'~ yY ~ ~ t J ~ - ' ~ 7 ~ v ~ ~~ [, , + 4~ - r ik 7~ 1. f f x _ tl! 14` i~3' _ I _~ ai ~_t _ - Ci ~ ~ ary f - _ - ~ ~ ~ - s+~`~ ~r -~ j-t _ f ~- g ~ ~. ~ ~ r ~~1? ~ ' ji Qk ,p,7 E ~ ~ j , _ ~` r Y ~: ~~- E t-~ t~~~-~ p y ~ gF~~. t ~L~I - [<S t~ ~~t-~ ~ ~ R9. ~ t ~ y ~ E ~ [ K ~° ~ `. - ' f ~ ~ k ~- i .l ,-1j S rt f t r f:~~ 7. ~ ~ ~~~ ( k~,' ~~{:r t• fib` a~ ~: =~`~_,~~~. ~ ,a ~~ c a ot! ,~; i~ a ® o +~ ~. C7 N ~ ~ GCl ~ ~ ® CC ~ ~ L v f~ ® l7 aG 30b N.E. 2"`~ Street LLC 30b N.E. 2id Street Delray Beach, FL 33483 March 3, 2411 Global Parking Services, Inc. Re: Land lot lease agreement for valet parking We are the owners of the property located on the corner of NE 4`" Avenue and NE 2"`~ Street and the additional lot on the east side of the raih•oad tracks north of NE 2"`~ Street in Delray Beach, Florida, We are interested in leasing parking space to Global Parking Services, Inc. Yours truly, C Harald Van Axnem (~~~ ~ a ~a - arria ~~ Delray Parking Systems, LLC Suzanne Farese, Manager 9 N E 2d Avenue Delray Beach, Florida 33444 V. 561-870-1771 Fax: 561-276-7099 Sfarese013 ~comcast. net Friday, March 04, 2011 City of Delray Beach Scott Aronson, Supervisor of Parking 434 S. Swinton Ave Delray Beach, Florida 33444 aronso~~ ce,ei.delray-beacl~.fl.t~s RE: Request to be treated as a Women's Minority Dear Mr. Aronson: This is a request that when reviewing my application far valet parking I be afforded any treatment which might be due to a minority group. Delray Parking System is wholly awned by women. At the moment I am the only owner. Thank you. Suzan Farese For Delray Packing Systems DELRAY PARKING SYSTi=MS Suzanne Farese 9 N.E. 2d avenue Delray Beach, Florida 33444 Scott Aronson Parking Supervisor for Delray Beach aronson[a~mydelraybeach.com RE: Valet Parking Application Mr. Aronson: As you requested, please see below. Amore formal particularized letter will be emailed toyou on Monday morning. 1. Hours of operations 5 PM to 2 PM 2. Lot location 4 Ave and 1St. X40) spaces 3. Price to valet $5.00 for anyone who parks at any of my Restaurants $10.00 for non- restaurant parkers 4, Valet location will be on N.E. 2 Ave between Atlantic Ave. and N.E. 1 St. 5. Cars will be dropped off at valet location N.E.2 Ave. Easton 1St. to lot location Thanks. Sincerely Suzanne Farese ~e~ray ~ar~in~ Syst~~~ ~~1~~3 TeT®rt~a aC®~~r~~s Aven~~, S~it~ I ~7V~st ~~~~ ~~ac~n; ~~~rid~~•334~9 ~. ~6~-~7~-i771 V. 9~4-~-6~n5~-b6 F~~; ~6~-X76-7®9~ ~Fares~l0~ C~l,~on~~ast,r~~t Delray Parking Systems 9 N.E. 2d Avenue Delray Beach, Florida 33444 Tuesday, March 22, 2011 Scott Aronson 434 S. Swinton Ave. Delray Beach, FL 33444 Ph. 561-243-7196 Fax 561-243-'1060 aronson~i)ci.dclra T-beach.fl.us RE: Summary of Background and References far Delray Parking Systems Dear Mr. Aronson: With respect to today's meeting before the PMAB {Parking Management Advisory Board), the fallowing is a summary of experience and references for Delray Parking Systems for your review. Minority Ownership I am the sole owner of Delray Parking Systems. This is a minority group owned business. Bac-_.k r 1 have been in the valet parking business for many years, Initially I serviced numerous restaurants in South Beach, Fart Lauderdale and Palm Beaches since 1991 under the names of Broward Valet Services, Inc. and National Parking Systems, Inc. I owned these businesses with my brather and family. In 2005, I moved to Delray Beach and saw the need far duality valet parking services. In February 2011 I opened Delray Parking Systems and began contacting restaurants and clubs for their valet parking services. Business Background Along with another partner, we recently acquired the business, Rita's Italian Ices at 9 N.E. 2d Ave, Delray Beach which I am changing to a restaurant eatery. I also own other local businesses and property, such as The Pulrn Steak Horse, LLC DBA Dreamgirls of Palm Beach located at Vales Summary of Backgra~u~d and References Page 1 of 3 1000, North Congress Avenue, West Palm Beach, Florida; and the strip shopping plaza under "Cong~•ess Plaza, LLC" at 1000 North Congress Ar~Ve, West Palm Beach Florida. ._ •.~.. References: David M. Goldstein, Esquire Law Offices of David M. Goldstein, P.A. 286 N.E. 39'" Street Miami, Florida 33137 V. 305-372-3535 F. 305-577-8232 Barry G Roderman, Esquire 500 West Cypress Creek Road, Suite 550 Fort Lauderdale„ Florida 33309 Tel: 954-761-8810 Fax: 954-761-9911 United Tax and Financial Services Paul Caccomo 603 Village Blvd # 302 West Palm Beach, FL 33409-1973 (561) 242-0568 Fifth Third Bank Manager 606 Not•th Olive Avenue West Palm Beach, FL 33401-4013 {SG1) 514-9900 Other references will be furnished upon request. lnsurance and Parkin Lot Locations I have arranged for all required insurances to be placed on the locations and the City of Delray Beach. Additionally, we have negotiated parking lot locations at 333 N. E. 2d Street, Delray Beach and other locations. Current Locations in Delra Beach • City Oyster, Delray Beach • Carver's Restaurant (previously Rita's Ices), Delray Beach • 123 East Atlantic (new restaurant) Past Locations Serviced A few of the restaurant and nightclubs which I have served with valet parking in the past include: Mezzanotte South Beach Valet Summary of Bac~grpund and References Page 2 of 3 Mezzanotte Boca Raton Cafe Luna, North Miami Thai Tony's, South Beach " ' ~- ~~ Ruth Chris Steak Hause, North Miami Ruth Chris Steakhouse, Fort Lauderdale Ruth Cluis Steakhouse, North Palm Beach DeCesare's Place for Ribs, North Palm Beach Mario's East, Fort Lauderdale Crocco's Spaa-ts Bar, Fort Lauderdale Washington Avenue Diner, South Beach Mickey Raark's Sports bar, South Beach The Rebar, South Beach Diamonds of Palm Beach, West Palm Beach Le Lounge, South Beach Dreamgirls of Palm Beach, West Palm Beach Cheetah's, Pompano Beach Liquids Nightclub, South Beach DeLuca's Italian Restaurant, Fort Lauderdale Bimini Boatyard, Fort Lauderdale Club Cornish, South Beach Please call me if you have any further questions. Thank you. Sincerely Suza e arese Valet 5unimary of Background and References Page 3 of 3 Restaurant -Business -Vendor,Name and Address g ~ ~ 2 ^~ ~ ~ DATE: ~' ~~ , 2011 TO: City of Delray Beach, Florida 100 N.W. First Avenue Delray Beach, Florida 33444 561-243-7209 Dear Sias: This will authorize Delray Parking Systems, LLC to apply for valet parking and valet pickup/drop off spaces on behalf of our business. Delray Parking Systems, LLC is authorized to act as our agent for purposes of valet parking only. If you have questions, please call the undersigned. Thank you, cc: DELRAY PARKING SYSTEMS, LLC 9 N.E. 2d Avenue Delray Beach, Florida 33444 business Uwner Title: ~~ ~/~~~ tiJ~ ~r a l Gt .~ Crr' .• .. PROPERTY WNER Owner of property for Tenant: Business Name and Address C_ , C} ~ S~ C:. 6 ~r DATF,: ~rc~-- ~ , 2011 TO: City of Delray Beach, Florida 100 N.W. First Avenue Delray Beach, Florida 33444 561-243-7209 RE: Consent of Property Owner Consenting to Valet for the Tenant RE: Name and Tenant Location: L 4~c ~.,~ ~.~~cr- ~t-Susl~', far __ ..__ a~3 ~~~~,~~~ ~~ ~c~~~c~~~ ~~ 33~~~_ Dear Sirs: As agent representative of the property owner regarding the real property referenced above in Delray Beach, Florida, this letter is my consent regarding the operation of valet services for the above named business owner. I hereby consent to the valet parking company, Delray Parking systems, LLC, to provide valet parking services at the above location in accordance with city ordinances regarding valet parking. Sincerely, ~~~ ~ For the Property Owner 't'itle: tr~incrat cc: Delray Parking Systems, LLC 9 N.E. 2d Avenue, Delray Beach, Florida 33444 All~VII~.AI:.~ INSERANCE I3ZtUKERAGE X507 A~.VENiTE 1V BROa KL•YIV, NEVI `5~0~2~ ~. I234 To: Delray Parking Systems, LLC Attentian: Su~~ti~rte Varese 9 N.E, 2d Avenue Dc;lray Beach, IFlorida 3344 IZE: Valet Parking Insrrrance Deat• Mrs. I~ arose: 'I'Itis will cattftrnt that tive Itave reviewed tote irtsurattce regttirezrtents far the City of Delray Seaclr, Fiarida grad yairr al~plicatian far insurance caveragc art yaur valEt parking camparty. •L7Ve cart price the required irtsirz•ance, subject to payrt~ent of prertaiiutts, witert.evcr yotr are ready. I'~ease advise of the can~tnencement date for coverage. SirteereIy f ~o It ~' igno 2S North East 2 Ave. llelray Beach lal _ Uoogte Maps ;~ ~}~- t fy: ' ~' hl . 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Flo ~ ~ ~.~ ~ -, 3 M sxtc~3'~ ~ 1 _ Vii: ~ ~ ~`'. ,~, ~,- ,~ _ ; {. ~~{ ~ j ~ ~ ~' - 1- ~ o ;may 4 1 J {~J ~" i J °,~ ~ 'PF I ~ ~ ~ ~gy} ~ ~ ~E ~Tk1 f ~ ~+. ~ aY - 5," ~ ~ X33 4 F _ t ''' t..~~~ ._SiF~ ~ , - *t a ~ ':; ~', i l~ 1~~ ~` ~ ` ~. ~i~ .` !.~: 1 '~ A Z(~~~. i ~.v~~~ IG' ? _a ~ ~ , http://~i~aps.gnogle.com/maps?11=-33.988934,18.432997&spn=37.299588,75.410156&z=4... 3/21/2011 ` `" , ;; k .... i ~.,7 ~l~ ! `,1 ~.~ pct _ i. ~ ~ ,~_~ _____r~~~..__._.___~ r_ .-. > ~~~ --- -._.-_,_ ~ .__,.._r. _...r,. T ~ 1 .- ~ _ ~~ ~ ~~ .. -- --- \ ; F1 , ~ ~- _; ~, ~ .. ti +~ ..., ~- t .,.. s ~® /~ ~ .. ~ _n ~, _ ~ ~ ~ ,,, . ~, ~ ~ ~~i ~ i f .~ ~~. e ~A:~~~ rw, ~n ~.~-L.~~~~ _ --- 5 ~ ~ •~ I ~ ~ ~ ~ x ~ ~ _ . __ __. _. r ! ~ ~ ~~ ~__~-,._.. _.. - .~ ~ _ ~i ....... _.._ .~--.---~.~. -- --- -_ - __ . _ _ 4..K.- _ ~--- ~_ __ E, . ~._:_ _ . ~ ~ ~ ~ 4 ~ ~ .. ~- r ~ . ---.... .... ` j _ ... . . . ....... .. . ...... .. ... ~~ . ____ - ~ _ __ _...._..... _ ._ _ .. _._ ~ . . _ _ _. _ J i [` ~+ / ___.. ~ `ti.~__.~.._ .. _.... .., .. _. ....f .. .. .. .... ... .. .._. ....... ... .. ... _. _ _ .. y 1 j ~ ... __.. _i _.. _ ~ ._.._....._... _.. .... _ -.___. _. .. ~ - -~ ~ ~ ~(V\ r / / T _ .. I ~s ~---~~.. .. 1 'i tJ .~ • _ ., 43s ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: Apri126, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MAY 3, 2011 APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Green Implementation Advancement Board. BACKGROUND There is a vacancy on the Green Implementation Advancement Board due to Ms. Stephanie (Chloe) Bedenbaugh being appointed for regular membership. The term is unexpired ending July 31, 2011. Please note that Mr. Yalmaz Siddiqui was a regular member but resigned due to his schedule. He would now like to be considered for alternate membership. On June 2, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the Green Task Force for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Commission later amended the number of board members and changed the board's name to the Green Implementation Advacement Board. The Green Implementation Advancement Board shall consist of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit A attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Carney (Seat #1) for one (1) alternate member to serve an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Green Implementation Advancement Board for an unexpired term ending July 31, 2011. 04/11 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2012 Ana DeMelo Project Manager/Civil a~ 08/04/09 Reappt07/20/10 Engineering 07/31 /2011 David Hawke, Vice Q~air Architect Amt 08/04/09 07/31/2012 Rita Johnson Pusiness Owner-CEO Amt 08/04/09 Reappt07/20/10 07/31 /2012 Jayne King Master amt 08/04/09 G ardener/E ducator Reappt07/20/10 07/31/2011 Stephanie "Chloe" Sedenbaugh Human Resources Unexp Appt04/05/11 07/31 /2012 Laura Reines Director/Special Events amt o~/zo/1o Coordinator 07/31/2011 Jeff Penavides SustainabilityProject Unexp Appt 04/21/11 ~1,~Ta,-,a~„or ALTERNATE MEMBERS 07/31/2011 Unexp Vacant 07/31 /2011 Matthew O'Connell Pusiness Owner Amt 08/04/09 S/City Clerk/Board 11/Green Implementation Advancement Board CITY REPRESENTATIVE: Randal Krejcarek 243-7322 Richard Reade 243-7009 GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Wyana Claxton Self-employed/Therapist Jeffrey Conley Architecture/Engineering-Principal Yalmaz Siddiqui Environmental Strategy Advisory Lillian Stajnbaher Ecologic Advisor-Managing Principal MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: Apri126, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MAY 3, 2011 RESOLUTION NO. 12-11: TRANSFER OF PROPERTY AT ZEDER AVENUE ITEM BEFORE COMMISSION Staff requests City Commission approval to transfer one (1) SHIP property to the CLT for the benefit and resale of the unit to a household with an income less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by the State. BACKGROUND For the past eighteen (18) years the Community Improvement Department has received funds under the State Housing Initiatives Partnership (SHIl') Program. SHIl' funds are generated from a portion of documentary stamp taxes collected throughout the State and held in the State's Housing Trust Fund for the development and maintenance of affordable housing. The State requires a Local Housing Assistance Plan (CHAP) outlining how the City plans to administer the SHIl' funds once they are received. On February 23, 1993, under Ordinance #2-93, the City Commission established a Local Housing Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing Advisory Committee to comply with various sections of Title 67 of the Administrative Code of Florida. Community Development Division staff has administered the program and under the approved Plans has assisted Delray Beach residents with homeownership and housing rehabilitation opportunities. Through the State, under the City's Local Housing Assistance Plan Land Acquisition strategy, the CLT will make property available for resale to a household with an income less than one-hundred twenty percent (120%) of Area Median Income (AMI). The following one (1) SHIP property is recommended for transfer to the CLT: xxx Zeder Avenue, Delray Beach, FL 33444 RECOMMENDATION Staff recommends City Commission approval to transfer xxx Zeder Avenue to the CLT for the benefit and resale of unit to a household with an income less than one-hundred twenty percent (120%) of Area Median Income (AMI) as determined by the State. RESOLUTION NO. 12-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to transfer vacant properly located at xxx Zeder Avenue; and WHEREAS, the Buyer hereinafter named desires to buy the properly hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to transfer said property to be used for affordable housing purposes. NOW, THEREFORE, BE IT ORDAINED 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, as Seller, hereby agrees to transfer to Delray Beach Community Land Trust, as Buyer, for the purchase price of Ten Dollars and 00/100 cents ($10.00), said property being descnbed as follows: Lot 20, Block 10, Plat 2 of 2 Southridge, according to the map or plat thereof as recorded in Plat Book 13, Page 39, Public Records of Palm Beach County, Florida Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as E xhibit "A". PASSED AND ADOPTED in regular session on the day of , 2011. ATTEST: MAYOR City Clerk CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W. 1St Avenue, Delray Beach, Florida 33444 and DELRAY BEACH COMMUNITY LAND TRUST, ("Buyer"), of 145 SW 12t" Avenue, Delray Beach, FL 33444, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)"), attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"): I. DESCRIPTION: (a) Lot 20, Block 10, Plat 2 of 2 Southridge, according to the map or plat thereof as recorded in Plat Book 13, Page 39, Public Records of Palm Beach County, Florida. P C N: 12-43-46-20-13-010-0200 (b) Address: xxx Zeder, Delray Beach, FL 33445 II. PURCHASE PRICE ................................. US$10.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before December 31, 2011, the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before seven (7) days from the date of the execution of this agreement, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit Claim Deed subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 '/ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENA: If additional terms are to be provided, they will be provided in the attached addenda. If there is an addenda, check here / CITY OF DELRAY BEACH, FLORIDA DELRAY BEACH COMMUNITY LAND TRUST By: Mayor ATTEST: City Clerk Approved as to Form City Attorney Date By: Print Name: ATTEST: Date 2 SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Delray Beach Community Land Trust Seller: City of Delray Beach Property: Lot 20, Block 10, Plat 2 of 2 Southridge, according to the map or plat thereof as recorded in Plat Book 13, Page 39, Public Records of Palm Beach County, Florida. xxx Zeder, Delray Beach, FL 33445 PCN: 12-43-46-20-13-010-0200 The Parties further agree as follows: A. Additional covenants and restrictions: Buyer shall adhere to the City of Delray Beach, Local Housing Assistance Plan, Strategy C: Land Acquisition, Sections 1-7 as follows: 1. Summary of the Strate~y: This strategy will provide funds to acquire properties for future development by non-profit, public agencies or for profit developers. Properties will be acquired through deed and tax sales, the foreclosure of government liens and through private purchases. Properties will be donated and/or sold, competitively to non-profit agencies that will use the Delray Beach Renaissance Program for the development of the property. Properties sold competitively to for profit developers must be utilized for the development of affordable housing. Construction, rehabilitation, or emergency repairs must be completed either with one year immediately preceding the date of conveyance of title or within 24 months of the close of the applicable State fiscal year. Program regulations do not support land banking. Eligible housing occupied by an eligible applicant must be completed within the program expenditure timeline. If property is sold to afor-profit developer, applications will be accepted and awarded competitively using criteria including, but not limited to The following: a. Financial strength of the agency; b. Ability of developer to complete the development by the deadlines established by the State; c. Capacity of the developer; d. Features of the proposed house(s); e. Marketing plan for the sale of the house(s); Whether or not the agency employs personnel from the Welfare Transition Program; f. Whether the proposed housing is compatible with the neighborhood in terms of design and size; g. Affordability of house(s) being built. Page 1 of 2 2. Fiscal Years Covered: State fiscal years 2010/2011, 2011/2012 and 2012/2013. 3. Income Categories to be served: Very-low, low-, and moderate-income limits used are those as defined by U. S. Department of Housing and Urban Development (HUD) and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. 4. Maximum award is noted on the Housing Delivery Goals Charts: The maximum purchase price fora "buildable lot of record" as defined in the City's Land Development Regulations will be $40,000. The maximum purchase price for aggregate lots or large tracts of lands shall be determined by the appraised value at time of purchase. 5. Terms, Recapture and Default: The loan for the value of the land will be at 0% interest. The loan will be recaptured when the property is sold. 6. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the same selection criteria for recipients under Strategy A: Purchase Assistance. 7. Sponsor Selection Criteria: Eligible sponsors must meet the following selection criteria: a. designated 501(c)(3) non-profit organization under IRS guidelines; b. legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; c. has demonstrated track record and production experience in the construction and delivery of affordable housing; d. preference will be given to sponsors that employ personnel from Welfare Transition Program. DELRAY BEACH COMMUNITY LAND TRUST ATTEST: City Clerk Page 2 of 2 By: Print Name: Date: CITY OF DELRAY BEACH, Seller By: Nelson S. McDuffie, Mayor Page 3 of 2 NOTICE OF INTENT TO TRANSFER REAL PROPERTY NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its intention to transfer the following real property described as: Lot 20, Plock 10, Plat 2 of 2 Southridge, according to the map or plat thereof as recorded in Plat Pook 13, Page 39, Public Records of Palm Peach County, Florida. Resolution 12-11 of the City Commission authorizing the sale of real property incorporating the terms and conditions thereof, will be considered at a public hearing to be held at 7:00 p.m. on May 3, 2010, at City Hall, Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida. CITY OF DELRAY BEACH, FLORIDA Chevelle Nubin City Clerk Publish: Palm Beach Post Apri123, 2010 April 30, 2010 Prepared by: RETURN: City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this day of , 2011 by the CITY OF DELRAY BEACH, and having its principal place of business at 100 NW 1St Avenue, Delray Beach, FL 33444, First Party, to: DELRAY BEACH COMMUNITY LAND TRUST, and having its principal place of business at 145 SW 12th Avenue, Delray Beach, FL 33444, Second Party: (Whenever used herein the term "First Part}' and "Second Part}' include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporation, whenever the context so admits or requires.) WITNESSETH, That the said First Party, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever. IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. WITNESS: CITY OF DELRAY BEACH, FLORIDA (Please Print or Type Name) STATE OF FLORIDA COUNTY OF PALM BEACH By: Nelson S. McDuffie, Mayor The foregoing instrument was acknowledged before me this day of 2011, by (name of person acknowledging), who is personally known to me or who has produced as identification. Signature of Notary Public -State of Florida EXHIBIT "A" Lot 20, Block 10, Plat 2 of 2 Southridge, according to the map or plat thereof as recorded in Plat Book 13, Page 39, Public Records of Palm Beach County, Florida ~ ~ ~ ~ C/) (!) DOUGLAS AVENUE w ~~ ~ w J~ > P ~ ~ Q w z ~~ OPO ~ w ~ ~ ~ Q ~ \ J~ ~~~G~ ~~ J C~' P ~O~ ~~O ~ z T z OJ ~ ~ ~ C~R~ CF ~ ~~ ~O ~ ZEDER AVE. BENJAMIN AVE. v~ -- DIGITAL BASE MAP SYSTEM -- MAP REF: U:\AUTOCAD\NIGEL ROBERTS\ZEDER AVENUE N SUBJECT PROPERTY Z E D E R AV E N U E ~ o PLANNING AND ZONING 12-43-46-20-13-010-0200 LOCATION MAP i DEPARTMENT MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: Apri129, 2011 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MAY 3, 2011 ORDINANCE NO. 15-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider amending Chapter 33, "Police and Fire-Rescue Departments"; amending Section 33.62, "Benefit Amounts and Eligibility", Subsection (E), "Disability Retirement Provisions", Sub-Subsection (5), "Disability Retirement Benefits", to increase the minimum service incurred disability benefit for firefighters; and amending Section 33.64, "Contributions", Subsection (A), "Member Contributions", to increase member contributions for firefighters. BACKGROUND At the first reading on April 5, 2011, the Commission passed Ordinance No. 15-ll. On April 19, 2011, the Commission tabled the second reading of this ordinance as the actuarial impact statement had not been received. The actuarial impact statement has been received and is being delivered to the state at this time and the ordinance is now ready to be adopted on second reading. RECOMMENDATION Recommend approval of Ordinance No. 15-ll on second and final reading. ORDINANCE NO. 15-ll AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE-RESCUE DEPARTMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSECTION (E), "DISABILITY RETIREMENT PROVISIONS", SUB- SUBSECTION (5), "DISABILITY RETIREMENT BENEFITS", TO INCREASE THE MINIMUM SERVICE INCURRED DISABILITY BENEFIT FOR FIREFIGHTERS AND AMENDING SECTION 33.64, "CONTRIBUTIONS", SUBSECTION (A), "MEMBER CONTRIBUTIONS", TO INCREASE MEMBER CONTRIBUTIONS FOR FIREFIGHTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire-Rescue Departments", Section 33.62, "Benefit Amounts and Eligibility", Subsection (E), "Disability Retirement Provisions", Sub- subsection (5), "Disability Retirement Benefits" of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.62. BENEFIT AMOUNTS AND ELIGIBILITY. ~ ~ ~ (E) Disability Retirement Provisions. (5) Disability Retirement Benefits. (a) Eligibility. Each member shall be eligible for service incurred disability benefits, regardless of length of continuous service. Each member who completes ten (10) years of continuous service prior to becoming disabled shall be eligible for non service incurred disability benefits. (b) Initial Amount of Service Incurred Disability Benefit. The greater of sixty (60) percent of the member's average monthly earnings in effect on the date of disability or the member's accrued pension benefit. Effective for disability a~lications filed on or after May 3, 2011, the initial amount of service incurred disability benefit for firefighters shall be the greater of sixth one 61~percent of the member's average monthly earnings in effect on the date of disability or the member's accrued pension benefit. (c) Amount of Nonservice Incurred Disability Benefit. Two (2) percent of average monthly earnings in effect on the date of disability for each year of continuous service; provided, however, the minimum shall not be less than twenty-five (25) percent of average monthly earnings. (d) Terms of Payments. Disability benefits shall commence on or as of the first day of the month coincident with or next following the date of disability, as established by the Board of Trustees, and shall continue to be paid on the first day of each subsequent month until the death or recovery of the disability retiree. The same survivorship percentages which apply to normal retirement benefits shall also apply to disability retirement benefits. (e) Eligibility for Other Benefits. In the event that a member applying for disability benefits is also eligible for either early or normal retirement, the Board may, upon the request of the member, pay the early or normal retirement benefit instead of a disability retirement benefit. Section 2. That Chapter 33, "Police and Fire-Rescue Departments", Section 33.64, "Contributions", Subsection (A), "Member Contributions", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.64. CONTRIBUTIONS. (A) Member Contributions. (1) Effective the first pay period after September 1, 1999, members of the retirement system shall make regular contributions to the Trust Fund at a rate equal to three (3) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (2) Effective the first pay period starting after May 3, 2011, members of the retirement system employed as firefighters shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five 25~years of continuous service at which time member contributions are no loner required. ~{~} ~e~t~~e-9~tebe~9~ The City shall pick up the member contribution required by subsection (A)(1) and A 2 above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. Section 3. 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 2 Ord No. 18-11 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. MAYOR ATTEST: City Clerk First Reading Second Reading 3 Ord No. 18-11 CITY OF ®ELRAY ~EACN POLICE OFFiGERS' AN® FIREFIGHTERS' RETIREMENT PLAN ACTUARIAL IMPACT STATEMENT April 21, 2011 (Page 1) Attached hereto is a comparison ofi the impact on the Total Required Contribution (per Chapter 112, Florida Statutes), and the Required City Contributions, resulting from the implementation of the following changes: 1.) For Firefighters, effective April 21, 2011, the initial amount of service incurred disability benefit shall be the greater of sixty-one percent of the Member's Average Monthly Earnings in effect on the date of disability or the Members' accrued pension benefit. 2.) EfFective the first pay period after April 21, 2011, Firefighters will contribute 6.0% of their respective annual earnings. (The Firefighters contributing to the Enhanced Multiplier will have their Member Contributions increased from 6.0% to 9.0%.) The cost impact, determined as of October 1, 2009, as applicable to the plan year ending September 30, 2009 and the City's fiscal year ending September 30, 2011, is as follows: Current Proposed Total Required Contribution of Total Annual Payroll 53.5% 53.5% Less Expected Member Cont. of Total Annual Payroll 6.0% 6.7%~ Equals Required City & State of Total Annual Payroll 47.5% 46.3% Applicable State Contribution '~ 504,922 504,922 of Total Annual Payroll 2.8% 2.~% Balance From City of Total Annual Payroll 44.7°/a 44.0% Please note that since the increase in Member Contributions is effective more than midway through the fiscal year, the impact of this amendment is understated. At the payroll as of 1011/09 for a full year, Member Contributions would be estimated at 7.5%, reducing the Required CitylState Contribution to 46.0% instead of the 46.x% shown above. CITE ~F ®E~i~AY BEACFI PCl_.ICE ~FFICE~S' AN® FI~EFIC~HTERS' RETIREMENT P~Alrl ACT[JARIAI_ III~PACT STATE~ENT ,~pr~l.21, 2®11 (Page 2) The changes presented herein are in compliance with Part Vli, Chapter 112, Florida Statutes and Section 14, Article X of the State Constitution. /~ ~, F Sf f \\\\\\ Bradley ~. H inrichs, FS,4, EA, MAAA Enrolled Actuary ~11~6901 STATEMENT ~F PLAN A~MINISTRATCI~ The prepared information presented herein reflects the estimated cost of the proposed improvement. Chairman, Board of Trustees Comparative Summary of Principal Valuation Results New Benefit ®Id Benefit 10f1 /2009 10/1 f2009 A. Participant Data Number Included Actives 246 246 Service Retirees 111 111 DR®P Retirees 36 36 Beneficiaries 10 10 Terminated Vested 5 5 Disability Retirees 25 25 Total 433 433 Total Annual Payroll $17,901,995 $17,901,995 Payroll Under Assumed Ret, Age 17,901,995 17,901,995 Annual Rate of Payments to: Service Retirees* 4,816,716 4,816,716 DROP Retirees 2,509,141 2,509,141 Beneficiaries 105,633 105,633 Terminated Vested 50,898 50,898 ®isability Retirees 740,757 740,757 B. Assets Actuarial Value 117,804,617 117,804,617 Market Value 98,170,514 98,170,514 C. Liabilities Present Value of Benefits Active Members Retirement Benefits 111,214,926 111,214,926 Disability Benefits 2,555,445 2,544,418 Death Benefits 1,032,162 1,032,162 Vested Benefits 982,256 982,256 Refund of Contributions 513,685 485,262 Service Retirees 56,833,221 56,833,221 DROP Retirees ~ 31,074,072 31,074,072 Beneficiaries 972,507 972,507 Terminated Vested 599,404 599,404 Disability Retirees 3,307,342 8,307,342 Pxcess State Monies Reserve 1,504,541 1,504,541 C®LA Account Balance 4,327,436 4,327,436 Total 219,921,997 219,877,547 * Liabilities shown represent present value cif future payments. Assets in item B., above, d® not include accumulated DR®P account balances. New Benefit Gld Benefit 1011 /2009 1011 /2009 C. Liabilities - (Continued) Present Value of Future Salaries 149,128,254 149,128,254 Present Value of Future Member Cont. 8,947,695 8,947,695 Normal Cost {Entry Age Normal} Retirerr-ent Benefits 4,076,953 4,076,953 ®iability Benefits 184,500 183,365 ®eath Benefits 80,760 80,760 Vested Benefits 72,072 72,072 Refund of Contributions 88,653 85,054 Total Normal Cost 4,502,938 4,498,204 Present Value of Future Normal Costs 37,382,707 37,354,454 Actuarial Accrued Liability (Entry Age Normal) Retirement Benefits" 76,920,795 76,920,795 Disability Benefits 994,192 991,341 Death Benefits 353,357 353,357 Vested Benefits 518,001 518,001 Refund of Contributions 134,422 121,076 lnactives plus State Reserve 103,618,523 103,618,523 Total Actuarial Accrued Liability 132,539,290 182,523,093 Unfunded Actuarial Accrued Liao (UAAL) 64,734,673 64,718,477 ®. Actuarial Present Value of Accrued Benefits Vested Accrued Benefits lnactives 97,786,546 97,786,546 Actives 29, 063, 324 29, 063, 324 Member Contributions 7,438,993 7,438,993 Total 134,288,863 134,288,863 Non-vested Accrued Benefits 5,396,662 5,396,662 `Total Present Value Accrued Benefits 139,085,525 139,685,525 Increase (®ecrease) in Present Value of Accrued Benefits Attributable to: Plan Amendments 0 0 Assumption Changes 0 0 New Accrued Benefits 0 6,869,347 Benefits Paid 0 (6,264,626) Interest 0 10,302,936 tither 0 0 Total: 0 10,907,657 New Benefit ®Id Benefit Valuatian ®ate 10/112009 10/1/2049 Applicable to Fiscal Year Ending 9/3012011 913012011 E, Pension Cost Normal Cost (with interest} % of Total Annual Payroll* 27.3 27.7 Administrative Expense (with interest} % of Total Annual Payroll` 1.3 1.3 Payment Required to Amortize Unfunded Actuarial Accrued Liability over 30 years (as of 10/1109) of Total Annual Payroll* 24.4 24.4 `Total Required Contribution of Total Annual Payroll* 53.5 53.5 Expected Member Contributions of Total Annual Payroll* 8.7 8.0 Expected City ~ State Contrib. of Total Annual Payroll* 48.3 47.5 ~` Contributions developed as of 1011!09 are expressed as a percentage of projected annual payroll at 1011110 of X17,901,995. ** Frozen per Chapters 175 and 135, Florida Statutes, as amended. ACTUARIAL ASSUMPTI®NS AN® SUN®iNG fVIETHC~®S Assumptions l~ortaliiy Rate interest Rate Retirement Age ®isability Rate Termination Rate Salary increases Early Retirement Cost-of-Living Adjustment Administrative Expenses RP 2000 Combined Healthy Mortality with no projection. 3.2% per year compounded annually, net of investment related expenses (3.3% used in 2000. 25% retire on normal retirement date; 10% retire each ofi the next two years; 25% retire in each of the third and fiourth years follow- ing normal retirement date; and 100% retire the fifth year following normal retirement date, . See table below. Table updated since 2006 based on experience study. See table below. Tables updated since 2006 based on experience study. 6.25% per year until the assumed Retirement Age. See table below. No Early Retirement is assumed. 1 % per year for those that retire after 101111993. Expenses paid out of the fund other than investment-related expenses are assumed to be equal to the average of actual ex- penses over the two previous years. Payroll Growth lJp to 4.0% per year. ACTUARIAL ASSUMPTIONS AfVD FUNDING i~ETH®DS Assur~~tiens Firefighters v Pelice ®fticers a Terminating % Terminating % Pec®ming Disabled Awe During the fear During the Year During the Year 20 8.0°/© 12.0% 0.07% 30 G A 10.0 0.09 40 0.0 2.0 0.15 50 0.0 0.0 0.50 Current Salary as a °/© ®f Salary at Abe 53 20 13.5°!° 30 24.x% 40 45.5% 50 33.4°/a Funding Meth®d Entry Age Normal Actuarial Cost meth®d. SUMMARY ®F CURRENT PLAN (Through ®rdinance No. 2109) ~ric~inaf Effective ®ate Latest Amendment ®ate Credited Service April 22, 194 May 5, 2009 Years and fractional parts of years of service as a sworn Police ®fficer or a regular or volunteer Firefighter employed by the City. Salary Average Final Compensation (AFC) Normal Retirement Basic compensation, excluding commissions, overtime and bonuses. Lump sum payment of unused leave is also excluded. one twelfth of the average of the 3 highest years of Salary, ®ate i he earlier ofi: 1) age ~~ and 10 years of Credited Service, or 2} 20 years of Credited Service, regardless of age. Benefit If less than 0 years of service, 2.~°fo of AFC tirr~es years of service. Vllith 20 or more years of service, 3.~% of AFC times years of service, with a maximum benefit of X7.5%. Form of Benefit For married retirees, an annuity payable for the life of the Member; upon the death of the mem- ber, 100% of the Member's benefit payable to the spouse for one year and 60% payable the- reafiteruntil death or remarriage. For unmarried retirees, the normal form is a 10 Year Certain and Life Annuity. Early Retirement ®ate Age b0 and 10 years of Credited Service. Benefit Accrued benefit, reduced 3.0% for each year prior to Normal Retirement Bate. Cost-of-Lying Adjustment Contributions Employee Premium Tax An annual increase equal to 1 % applies for those who retire after ®ctober 1, 1993 com- mencing on the 25~~' anniversary of the retiree's hire date. Additional increases are mailable when the revenue under Chapters 175 and 13~ exceeds X504,922. 3.0°f° of Salary, 6.0% of Salary for those electing the Enhanced Multiplier. Premium tax refunds. City Remaining amount necessary for payment of Normal (current year's) Cost and amortization of the accrued past service liability over 30 years. Disability Benefit Eligibility Total and permanent as determined by the Board of Trustees. Ten years of service required #or non-service connected disability. Benefit Amount Accrued benefit, but not less than 00% of AFC for service connected disabilities. For non- service connected disabilities, a benefit of 2% of AFC times years of service with a minimum of 25% of AFC. Pre-Retirement Death Benefit Service Incurred 50% of AFC to the spouse, plus 5% to each unmarried child under age 10 (age 22 if full-time student), subject to an overall maximum of 60% of AFC. Non-Service Incurred A $2,500 lump sum if less than one year ®f ser- vice. A X5,000 lump sum if more than one year of service but less than five. If five or more years of service, a X5,000 lump sum, ~ a monthly benefit to the spouse of fi5% of the accrued pension as of the date of death subject to a minimum of 20% of AFC, determined in the same manner as the childm ren's service incurred death benefit. The total monthly benefit is subject to a maximum of 50°fo of ~,FC and 3b% after death or remarriage of the spouse. Vesting (Termination) less than 1 a years Refund of Member Contributions. 10 or more years Either the accrued benefit payable at Normal Retirement Date, provided contributions are not withdrawn, or a refund of member contributions. board of Trustees The hoard consists of the Mayor, the Fire Chief, the Police Chief, two City residents appointed by the City Commission, two Members of the Flre Department elected by the Membership and two Members of the Police Department elected by the Membership. Deferred Retirement ~~tion Plan Eligibility Satisfaction of Normal Retirement requirements. Participation blot to exceed ~~ months. Bate of Return Net rate of return on retirement fund assets dur- ing the period the employee participates in the DROP. Form of Distribution Cash lump sum {options available) at termination of employment. MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: Apri126, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MAY 3, 2011 ORDINANCE NO. 16-11 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) to remove an out of date reference. BACKGROUND The proposed amendment to Section 4.3.3(I), "Community Residential Homes and Group Homes", is to remove an out of date reference to Section 4.3.3(D), which was repealed by the City Commission on Apri15, 2011 via Ordinance No. 10- ll . Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS The Planning and Zoning Board recommended approval on a 6 to 0 vote (Glickstein Absent) at its April 25, 2011 meeting. RECOMMENDATION By motion, approve Ordinance No. 16-ll on first reading for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 16-11 AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH, PY AMENDING SECTION 4.3.3(I), "CONIlVILJNITY RESIDENTIAL HOMES AND GROUP HOMES"; TO REMOVE AN OUT-OF-DATE REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn-iing and Zoning Poard reviewed the proposed text amendment at a public hearing held on April 21, 2011 and voted 6 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Poard sitting as the Local Plarn-iing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn-iing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3(I), "Community Residential Horner and Group Horner" of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: (I) Community Residential Horner and Group Horner: (1) Purpose: The purpose of this section is to provide for the health, safety, welfare, and shelter in sound housing of residents of Community Residential Homes and Group Homes and residents of the City who are in need of such facilities while assuring compatibility of these facilities with surrounding areas. (2) Applicability: This section shall be applicable but not limited to Community Residential Homes and Group Hornes which constitute a new facility or a modification of an existing lawful facility which increases the floor area or the permitted number of residents. This section does not include foster homes; assisted living facilities; continuing care facilities; abused spouse residences; child care facilities; adult day care facilities; nursing homes; nor licensed service provider facilities . . (3) Definitions: (a) Resident: The term "resident" for a community residential home or group home means any of the following pursuant to the Florida Statutes: 1. A frail elder as defined in Section 429.65, Fla Stat.; 2. A physically disabled or handicapped person as defined in Section 760.22(7)(a), Fla. Stat.; 3. A developmentally disabled person as defined in Section 393.063(12), Fla Stat.; 4. A nondangerous mentally ill person as defined in Section 394.455 (18), Fla. Stat.; or, 5. A child as defined in Section 39.01(14), Section 984.03(9) or (12), or Section 985.03(8), Fla Stat. (b) Community Residential Home: The term "Community Residential Home" means a dwelling unit licensed to serve clients of the D~zt of Elderly Affairs, the Agency for Persons with Disabilities, the Department of Juvenile Justice; or D~zt of Children and Family Services, or a dwelling unit licensed by the Agency for Health Care Administration, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet physical, emotional, or social needs of the residents. (c) Group Home: The term "Group Home" means a home, and/or a building or part thereof, or group of buildings, which has either less than seven (7) residents or more than fourteen (14) residents and which is licensed to serve clients of the D~zt of Elderly Affairs, the Agency for Persons with Disabilities, the D~zt of Juvenile Justice D~zt of Children and Families, or the Agency for Health Care Administration 2 ORD. NO. 16-11 (4) Classifications: (a) Group Home, Type 1: A group home of not more than six (6) unrelated residents. Such homes which satisfy the provisions of this section shall be allowed as a permitted use in the zoning districts as outlined in Section 4.3.3(I)(4)(d), provided, however, that no such home shall be located within a radius of 1,000 feet of another Type 1 group home or a community residential home. (b) Community Residential Home: Such homes which satisfy the provisions of this section shall be allowed as a permitted or conditional use in the zoning districts as outlined in Section 4.3.3(I)(4)(d), provided that such homes shall not be located within a radius of 1,000 feet of a community residential home or within a radius of 500 feet of a single family residential zoning district. (c) Group Home, Type 2: A group home which provides lodging or related services for fifteen (15) or more unrelated residents. Such homes which satisfy the provisions of this section shall be allo~d as a permitted or conditional use in the zoning districts as outlined in Section 4.3.3(I)(4)(d), provided hover that such homes shall not be located within a radius of 1,000 feet of a community residential home or group home, within a radius of 500 feet of a single family residential zoning district, or within a radius of 1,000 feet of a public or private elementary, middle or secondary school. (d) Community Residential Homes and Group Homes shall be allo~d as a permitted or conditional use in the following zoning districts: ZON ING DISTRICT S TYPE OF A RR RO , , RL RM PRD ' CBD, CF GC PC CBD-RC RESIDENCE R-1 OSSHAD Group Home, Permitted Permitted Permitted Permitted Permitted Not Permitted Permitted Not Type 1 Permitted Permitted Community Not Conditional Not Conditional Conditional Conditional Conditional Conditional Residential Permitted Use Permitted Permitted Use Use Use Use Use Home Group Home, Not Conditional Not Conditional Conditional Conditional Conditional Conditional Type 2 Permitted Use Permitted Permitted Use Use Use Use Use (5) Noticing and Licensing Requirements: ORD. NO. 16-11 (a) An applicant for a community residential home must notify the City in writing the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. The City may review the notice submitted for compliance with the underlying zoning district and respond pursuant to Chapter 419.001(3)(a) of the Florida Statutes. (b) Group Homes shall at the time of application for City business tax receipt provide evidence that appropriate approvals or licenses from county, state, or federal regulatory agencies have been applied for or obtained if any is required and they must show that no other community residential home or group home is within a radius of 1,000 feet of the proposed site. The business tax receipt must be renewed annually and may only be received upon provision of proof that the facility continues to be licensed by the State, if required and upon passing of City inspections. (6) Development Standards: (a) 1VTinimum Floor Areas: 1. Community Residential Homes and Group Homes of 4 to 14 residents require no minimum floor area except as required by the underlying zoning district requirements and as required by State agencies. 2. Type 2 Group Homes require a minimum floor area for bedrooms of 80 square feet for the first permitted resident in a bedroom with an additional 60 square feet for each additional permitted resident in a bedroom. There shall be a minimum of one bathroom equipped with sinl~ commode, and sho~r or tub per each four permitted residents. (b) Outdoor Recreational Space: Type 2 Group Horner located in nonresidential zone districts shall provide usable outdoor passive recreation area of 35 square feet per resident in addition to any required open space, landscaping, and setback areas. (c) Special Regulations: 1. Signage shall be pursuant to LDR Section 4.6.7. 2. Parking requirements shall be pursuant to LDR Section 4.6.9(C) (7) Findings of Reviewing Authority: The Planning and Zoning Board shall not recommend approval of a Conditional Use for a Community Residential Home or Group Home unless it is demonstrated that the home has met all of the requirements of Section 4.3.3(I), including 4 ORD. NO. 16-11 those requirements in the specific zoning district in which the proposed home is to be located and has received applicable preliminary State agency approval or current State agency license when a license is required A recommendation of approval shall be based upon consideration of the following factors: (a) Homes located within residential districts shall have building elevations, which are residential in character and similar in appearance to the surrounding neighborhood They shall not be institutional in appearance as determined by the Site Plan Review and Appearance Board or the Historic Preservation Board (b) Homes located in a nonresidential area shall be maintained in the general character of the surrounding area. This standard applies to design, lot size, landscaping, and other factors affecting the character of the area. (c) The proposed facility shall be in conformance with the Future Land Use Map, and Objectives and Policies of the Cites Comprehensive Plan. (8) Distance Requirements: All distance requirements in this section shall be measured from the nearest point of the existing home, school or area of single-family zoning to the nearest point of the proposed Community Residential or Group Home. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 16-11 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: APRIL 25, 2011 AGENDA NO: V.B. AGENDA ITEM: AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(1), "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", TO REMOVE AN OUT OF DATE REFERENCE TO SECTION 4.3.3(D). ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to Land Development Regulations Section 4.3.3(1), "Community Residential Homes and Group Homes", to remove an out of date reference to Section 4.3.3(D), pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND ANALYSIS The proposed amendment to Section 4.3.3(1), "Community Residential Homes and Group Homes", is to remove an out of date reference to Section 4.3.3(D), which was repealed by the City Commission on April 5, 2011 via Ordinance No. 10-11. The reference to this Section should have been deleted with that Ordinance, but was missed in error. The purpose of this Ordinance is to correct that error. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendment to Land Development Regulations Section 4.3.3(1), "Community Residential Homes and Group Homes", to remove an out of date reference to Section 4.3.3(D), by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachment: ^ Proposed Ordinance No. 16-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: Apri127, 2011 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MAY 3, 2011 ORDINANCE NO. 17-11 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that clarifies allowable densities in the Mixed Residential, Office and Commercial (MROC) zoning district. BACKGROUND The current introductory statement regarding multi-family dwelling units in the MROC zoning district states that multi-family uses (excluding duplexes), subject to detailed regulations that immediately follow, are allowed at densities between 40 and 50 units per acre. There are three (3) scenarios that allow varying maximum densities, each of which is based upon the distance from the Tri-Rail Transit station. The introductory statement has been interpreted to mean only densities between 40 and 50 are allowed rather than maximum densities of 40 and 50 depending on the properties proximity to the Tri- Rail Station. This amendment clarifies this point. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS The Planning and Zoning Board recommended approval on a 6 to 0 vote (Mr. Glickstein Absent) at their Apri125, 2011 meeting. RECOMMENDATION By motion, approve Ordinance No. 17-ll on first reading for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 17-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, PY AMENDING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT"; TO CLARIFY THE MAXIMUM PERMITTED DENSITIES IN THE MROC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on Apri125, 2011 and voted 6 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has detem-tined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.4, "ease Zoning District", Section 4.4.29, "NTixed Residential, Office and Commercial (MROC) District," of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: Section 4.4.29 Mixed Residential, Office And Commercial (NIIZOC) District ... (P) Principal Uses and Structures Pemutted The following types of uses are allowed within the MROC district as permitted uses: (1) Office Center: The "Office Center" uses within an MROC development may comprise as much as one hundred percent (100%) of the total building square footage within the development. These uses can include: (a) Financial Institutions, e.g, banks, savings and loan establishments, brokerage firms. (b) Medical Offices, e.g., physicians, dentists, chiropractors, podiatrists, optometrists, etc. (c) Professional Offices, e.g, attorneys, engineering firms, architectural (d) Governmental offices, e.g., including federal, state, county, and local offices, along with their related fleet and communications operations (which will be considered accessory uses to governmental offices and services), civic centers, courthouses, fire stations, public health facility, law enforcement offices and facilities, post office, public utility facilities, communication towers and community facilities such as civic centers, cultural facilities, libraries, auditoriums, museums, and public recreation facilities, and services such as day care centers, abuse, child care centers. (e) Business Support Services, prirriarily engaged in rendering services to other building establishments, e.g., such as mailing, building maintenance, personnel and employment services, management, and consulting services, protective services, copy and printing, travel, office supply, and similar services. (2) Research and Development: Research and Development (R&D) uses involve either some degree of product creatiory testing, evaluatiory and development or the provision of testing and evaluation services for use by others. R&D uses may constitute 100% of the total building square footage within the development. Examples of such uses or resulting products include: (a) Product Creation, Testing, Evaluation, and Development: 1. computer hardware 2. computer software 3. pharmaceuticals (b) Research and Development Services: 1. calibration laboratories or services 2. chemical laboratories 3. commercial testing laboratories 4. soil laboratories 5. scientific research laboratories 2 ORD NO. 17-ll (3) General Retail Uses: Retail uses and/or facilities not to exceed 20% of the total building square footage of the development, including, but not limited to: (a) Restaurants, baked goods, books, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, pharmacies, flowers and plants, fruits and vegetables, food gifts, glassware, ice cream, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wring apparel and accessories, appliances, bicycles, business machines, j ewelry. (b) Farber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations, outdoor cafes, tailoring, tobacconist. (c) Galleries, butcher shops, cocktail lounges, exercise facilities, museums, libraries, newsstands, commercial or public parking lots and parking garages. (4) Multi family Dwelling Units: Multi family uses excluding duplexes.) subject to (c)(1)(2)(3) and (4) below, ~ with a maximum density of either 40 ~d or 50 units per acre subject to the following; (a) Residential units within 1,000 linear feet of the Tri Rail Transit station (measured by airline route) may comprise 100% of the total floor area of the development master plan at a maximum density of (50) units per acre. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel (b) Residential units between 1,001 and 2,500 linear feet of the Tri-Rail Transit station (measured by airline route) may comprise 80% of the total floor area of the development master plan at a maximum density of (50) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. If a portion of the parcel is within 2,500 linear feet, this regulation shall apply to the entire parcel (c) Residential units at a distance (measured by airline route) greater than 2500 feet of a transit station may comprise 75% of the total floor area of the development master plan at a maximum density of (40) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. 1. Residential developments must include a minimum of 20% workforce twits consisting of moderate income workforce traits as defined by Article 4.7 Family/Workforce Housing ORD NO. 17-ll 2. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. Notwithstanding the above, residentially developed sites within 1,000 linear feet (measured by airline route) of the Tri Rail station can contain 100% workforce housing units. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel 3. For mixed use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed. 4. All residential developments shall be subject to the Performance Standards of 4.4.13(I)(2) (5) Hotel, Motel and Residential All Suite Lodging: These types of uses may comprise up to 20% of the total floor area of the overall master plan. For the purpose of calculating the percentages of uses within the development master plary multiple hotels, motels, and residential all suite lodging uses will be considered one specific use category. (6) Assisted Living Facilities and Continuing Care Facilities subject to the requirements set forth in Section 4.4.29(5)(4) a, b, and c above. ... Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Reading Second Reading ORD NO. 17-ll PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: APRIL 25, 2011 AGENDA NO: V. C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.4.29(8)(4) IN ORDER TO CLARIFY THE ALLOWABLE DENSITIES IN THE MROC ZONING DISTRICT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will clarify allowable densities in the Mixed Residential, Office and Commercial (MROC) zoning district. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The current introductory statement to regulate multi-family dwelling units in the MROC zoning district opens by stating that multi-family uses (excluding duplexes),subject to detailed regulations that immediately follow, are allowed at densities between 40 and 50 units per acre. There are three (3) scenarios that allow varying maximum densities, each of which is based upon the distance from the Tri-Rail Transit station. The introductory statement has been interpreted to mean only densities between forty and fifty are allowed rather than maximum densities of 40 and 50 depending on the properties proximity to the Tri-Rail Station. This amendment clarifies this point. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific sections to which this amendment would be found consistent, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Planning and Zoning Board Meeting, April 25, 2011 LDR Amendment - MROC Densities Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The amendment will clarify maximum allowable densities in the MROC zoning district depending upon the distance from the Tri-Rail station. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.4.29(6)(4) In Order To Clarify The Allowable Maximum Densities In the MROC Zoning District Depending Upon Proximity To A Transit Station, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.4.29(6)(4) In Order To Clarify The Allowable Maximum Densities In the MROC Zoning District Depending Upon Proximity To A Transit Station, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.4.29(6)(4) In Order To Clarify The Allowable Maximum Densities In the MROC Zoning District Depending Upon Proximity To A Transit Station, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Proposed Ordinance 2