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02-02-99 Regular CITY OF DELRAY BEAC/4, FLORIDA - CITY COMMISSION REGULAR MEETING i-!-I-~1"i FEBRUARY 2, 1999 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. 1993 COMMISSION C~ERS 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 Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the 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: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or nonzagendaed 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. Ail 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. Regular Commission Meeting February 2, 1999 Works material storage bins, with funding from 334-3351-591- 63.22 (General Construction Fund Fleet Service Bay). E. CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/REPUBLIC CONSTRUCTION & DEVELOPMENT CORP. (RE~ORDS STORAGE WAREHOUSE): Approve closeout Change Order %1 in the amount of $332.42 and final payment in the amount of $12,114.62 to Republic Construction & Development Corp. for completion of the interior improvements at the Records Storage Warehouse, with funding from 334-6112-519-62.24 (General Construction Fund - Records Storage Warehouse). F. CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/ARBOR TREE AND LANDSCAPE CO., INC. (SHADYWOODS ROADSIDE SWALE PROJECT): Approve closeout Change Order #1 in the deduct amount of $6,220.53 and final payment in the amount of $1,165.14 to Arbor Tree and Landscape Co., Inc. for completion of the Shadywoods roadside swale project, with funding from 448-5411-538-63.66 (Stormwater Utility - Shadywoods Drainage). G. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the Planning and Zoning Board, Community Redevelopment Agency and Downtown Development Authority appointees to the Parking Management Advisory Board for two year terms ending January 31, 2001. H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 19th through January 29, 1999. I. AWARD OF BIDS AND CONTRACTS: 1. Contract award in the amount of $77,609.00 to Telcon, Inc., lowest responsive bidder, for the East George Bush Boulevard Drainage Improvements project (A1A to Andrews Avenue), with funding from 448-5411-538-63.68 {Stormwater Utility - East George Bush Boulevard). 2. Contract award in the amount of $275,772.50 to Chaz Equipment Company, Inc., lowest responsive bidder, for the Dotterel Road Reconstruction project, with funding in the amount of $15,235.00 from 442-5178-536-61.78 (W&S Renewal & Replacement - Water Distribution Improvements); $82,150.00 from 442-5178-536-63.51 (Sewer Main Rehabilitation); and $178,387.50 from 448-5411-538-63.70 (Stormwater Utility - Dotterel Road). 3. Bid award in the amount of $15,950.00 to V.I.P. Painting, Inc., lowest responsive bidder, for the painting of window sills, frames, face trim and down spouts at Old School Square, with funding from 334-6112-519-46.10 (General Construction Fund - Building Maintenance). -3- Regular Commission Meeting February 2, 1999 4. Purchase award in the total amount of $16,226.59 to Hector Turf, via GSA Contract, for the purchase of one Toro Greensmaster 3100 Triples Mower and accessories for use at the Lakeview Golf Course, with funding from 446-4761-572- 64.90 5. Bid award in the amount of $45,104.00 to Kuhn Carpet & Tile, lowest responsive bidder, for carpeting of the City Hall North Wing (Community Improvement/Planning & Zoning, City Clerk, Mayor's office and Publications Editor), with funding from 334-6112-519-46.10 (General Construction Fund - Building Maintenance). 9. Regular Agenda: A. CONDITIONAL USE R~QUEST/RECREATIONAL ESTABLISHMENT (BILLIARDS CENTER): Consider a request for conditional use approval to establish a billiards facility (Shootersville Billiards) within Lake Ida Plaza, located at the southwest corner of Lake Ida Road and Congress Avenue. QUASI-JUDICIAL PROCEEDING B. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 9-11, 1999. C. SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider a request from the Chamber of Commerce for special event approval for the 2nd Annual Delray Affair 5K Run to be held on Saturday, April 10, 1999, from 7:00 a.m. to 10:00 a.m. D. FLORIDA REDEVELOPMENT ASSOCIATION/FLORIDA MAIN STREET ANNUAL CONFERENCE: Consider a request from the CRA for a monetary commitment in the amount of $1,500 to support the FRA/Florida Main Street annual conference to be held September 8-10, 1999, at the Delray Beach Marriott. E. SERVICE AUTHORIZATION ~10/CH2M HILL: Consider approval of Service Authorization #10 in the amount of $15,514.00 with CH2M Hill to perform a hazard assessment and prepare a risk management plan for response to an accidental chlorine gas release at the Water Treatment Plant, as required by federal legislation under the Clean Air Act. Funding will be from 441-5122-536-31.30 (Engineering/Architectural). F. REMOVED G. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint a citizen-at-large representative to the Parking Management Advisory Board for a two year term ending January 31, 2001. The appointment will be made by Commissioner Schmidt. H. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint a regular member (subcontractor position) to fill an unexpired term ending January, 2000, and an alternate member for a full three -4- Regular Commission Meeting February 2, 1999 year term ending January, 2002. The appointments will be made by Commissioner Randolph (regular member) and Mayor Alperin (alternate member). Scc& = or rs (BP oo6ooum) 10. Public Hearings: A. ORDINANCE NO. 4-99 (IN LIEU OF PARKING REGULATIONS~,: An ordinance amending LDR Section 4.6.9(E), "Location of Parking Spaces", to provide for revised in lieu of parking regulations. B. ORDINANCE NO. 3-99 (TWO HOUR PARKING LIMIT IN VETERANS PARK): An ordinance amending Chapter 73, "Parking Schedules", of the City Code by amending Schedule I. to provide for a two-hour parking limit in the parking spaces at Veterans Park. 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. 5-99: An ordinance rezoning a parcel of land owned by St. Vincent Fetter Church, located 480 feet south of George Bush Boulevard between N.E. 8th Avenue and Palm Trail, from R-I-AA (Single Family Residential) District to CF (Community Facilities) District. If passed, a quasi-judicial public hearing will be scheduled for February 16, 1999. B. ORDINANCE NO. 6-99: An ordinance amending the Future Land Use Map designation from LD (Low Density Residential 0-5 du/ac) to CF-P (Community Facilities-Public Building) and rezoning from R-1-A (Single Family Residential) to CF (Community Pacilities) District for a parcel of land located on the east side of S.W. 2nd Avenue between S.W. 6th and 7th Streets, associated with the construction of a chemical storage building at the City's Water Treatment Facility. If passed, a quasi-judicial public hearing will be scheduled for February 16, 1999. C. ORDINANCE NO. 7-99: An ordinance amending Chapter 32, "Departments, Boards and Commissions", Section 32.08, "Length of Terms; Restrictions", of the City Code to provide for a prohibition on serving on two or more boards or committees concurrently except in certain circumstances, and where prohibited by state law or the Florida Constitution. If passed, a public hearing will be scheduled for February 16, 1999. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission --5- CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - FEBRUARY 2, 1999 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM Item 7, Presentations, of the agenda is amended by adding the following: A. Employee Suggestion Award to Captain Ross Licata, Police Department, for his suggestion to lease vehicles from Saturn of Delray for use by the Citizens On Patrol (COP) Volunteer Program. The Regular Agenda is amended by adding the following: 9.I. Interest in Consideration for Palm Beach County League of Cities Appointments: Consider a request from the Palm Beach County League of Cities for letters of interest to be considered for appointment as the League of Cities representatives to Airport Noise Committee and/or an alternate member to the Treasure Coast Regional Planning Council. ***************************************************************** 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. ref:ADDENDUM WHEREAS, the American Red Cross is one of the largest and oldest social service organizations in America; and WHEREAS, volunteers and financial contributions are needed more now than ever before to meet the needs of our citizens; and WHEREAS, the Red Cross is mandated by an Act of Congress to perform two vital functions for our nation; service to military families and disaster relief (including fire, flooding, and hurricanes); and WHEREAS, volunteers make it possible for the Red Cross to collect and provide blood to the ill and injured, provide emergency assistance to disaster victims and to respond to the emergency needs of armed forces personnel and their families and dependents; and WHEREAS, Red Cross volunteers conduct thousands of courses in health and safety and the Palm Beach County Chapter offers training in first aid and CFR, and HIV/AIDS education in our community; and WHEREAS, the President of the United States has proclaimed the month of March, 1999, as American Red Cross Month. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim March, 1999 as AMERICAN RED CROSS MONTH in the City of Delray Beach, Florida, and urge all residents to donate their time and their resources to support Red Cross 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 2nd day of February, 1999. MAYOR JAY ALPERIN SEAL CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA RE--MEETING - FEBRUARY 2, 1999 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM Item 7, Presentations, of the agenda is amended by adding the following: A. Employee Suggestion Award to Captain Ross Licata, Police Department, for his suggestion to lease vehicles from Saturn of Delray for use by the Citizens On Patrol (COP) Volunteer Program. The Regular Agenda is amended by adding the following: 9.I. Interest in Consideration for Palm Beach County League of Cities Appointments: Consider a request from the Palm Beach County League of Cities for letters of interest to be considered for appointment as the League of Cities representatives to Airport Noise Committee and/or an alternate member to the Treasure Coast Regional Planning Council. 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. ref:ADDENDUM Agenda Item No.: ~ AGENDA REQUEST / Date: 1/28/99 Request to be placed on:, x Regular Agenda Special Agenda Workshop Agenda When: 2/2/99 Description of agenda item (who, what. where, how ~u~h): The Employee Suggestion has approved a$4,000.00 award for uapgaln Liuata, Puiiu= D=pt. This award is for a lease agreement with Saturn of Delray for Lease o~ Volunteers ~l,h~rl~ COP Prm~r~m. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (require~ on all items involving expenditure of funds): Funding available: ~ NO Funding alternative .~-' ~ (~f aRplicable) Account No. & Desqription: ~Z~-~. ~-~ _~r~6L'~/- City Manager Review: % ~ -~ ©01-911'~-5Z1.~%-~O ApprovedHold Until: for agenda: ~/ NO ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: Captain RosS Licata FROM: Employee Suggestion Award Program Committee SUBJECT: EMPLOYEE SUGGESTION #98-'10 - LEASE OF VOLUNTEERS VEHICLES COP PROGRAM DATE: November 16, 1998 The Employee Suggestion Award Program Committee recently met to discuss your suggestion. The Committee is recommending to David Harden that you receive an award of $4,000.00, which is 20% of savings we should see approaching $20,000 per year. This award is pending implementation of the lease agreement. Thank you for the opportunity to save the City a significant amount of money-and imProve the image and functionality of the volunteer program all at the same time. NED G0STY Human Resources Director c: David T. Harden, City Manager Chief Overman, Police Department Robert Barcinski, Assistant City Manager Hoyt Owens, Deputy Director of Public Works Nancy King, Staff Assistant/Publications Editor Employee Suggestion Award Program Committee CZTY OF DELRAY BEACll ~~'~" D SUGGESTION AWARD PROGP,;4¢ (Please type or ~rtte pl~lnl~ ~tth d~k Ink) I on reverse ~ o5/ /98 HUMAN RESOURCES Suggestion applies %o ~he Department of Police Pr. esent condition: (pinpoint the problem you are solvtng) Significant cost savings to the City of Delray Beach i~ the maintenance and operation of nine (9) Police Department volunteer vehicles. (see attachment) Suggestion: (Be specific, give details, attach Illustration, diagram, sketch, etc.) I am recommending that we lease nine (9) new vehicles from Saturn of Delray at a significant cost savinKs to the City of Delray Beach. (see a~tachment) Savings/Benefits: (Explain what your suggestion shall accomplish) I project the savings to be approximately $23.,562. Lease new vehicles versus maintain our current volunteer fleet. (see attachment) Ross Licata ! understand and agree to OFFICE USE Name all the rights and obit- ONLY ga[tons as se[ forth tn 300 West Atlantic Ave. Administrative Policy GA-41. Addr~Se~ray Beach, FL 33444 ~ Signature Refer To: Signature Captain Signature Ittle $1gna[ure Police Department (If Group suggestion, all must sign) returned to you as acknowledgement of receipt of __ your suggestion. Thank you for your suggestion This suggestion concerns: Ne have assigned tt the ID # The lease of volunteer vehicles, shown above. Careful consid- eration wt11 be given to your proposal. You wtll be no,t- fled of actton taken. Name: Ross. Licata Director of Human Resources Address: 300 West Atlantic Avenue De!r~y Beach. YL 33AAA Date DELRAY BEACH POLICE DEPARTMENT MEMORANDUM To: Ned Gusty Director of Human Resources From: Captain Ross Licata ~ Director of Support Services Date: May 19, 1998 Subject: Employee Suggestion (Award Pro~ram) For the past several years, volunteers at the Delray Beach Police Department have been utilizing refurbished police vehicles for their day to day operations (see attached list of 9 vehicles). The vehicles are 8 to 11 years old, have an average of 80,000 miles on them, require regular/costly maintenance and upkeep, 10ok and drive like 10 year old vehicles, and will cost the Police Department $43,650 in the 1998/1999 budget for lease and maintenance costs from the City Garage alone. This equates to an average of $4,850 per vehicle annually. PROPOSAL I am recommending that the city lease 9 new vehicles from Saturn of Delray for the volunteer program instead of maintaining our current volunteer fleet. I have conducted a survey of surrounding automobile dealerships inquiring about lease options on mid-sized vehicles and found what I believe could be substantial savings to the City. Attached are copies of lease proposals provided by Saturn of Delray, Mears Motor Leasing, and A1 Packer Ford. The lowest priced vehicle lease option was provided by Saturn of Delray which provides for a 1998 Saturn SL-1, 4 door sedan for $186.00 per month (no money down). This is for a 39 month lease (12,000 miles per vehicle, per year). The factory warranty includes bumper to bumper coverage for the life of the lease. This equates to a lease price of $2,232 per year, per vehicle. Employee Suggestion May 19, 1998 Page #2 I have personally met with the lease manager at Saturn, Mr. Joseph Franks (561- 276-0400), inspected the proposed vehicle for lease (SL-1, 4 door sedan), and discussed the lease pricing with him. Although the lease proposal he submitted expires on May 31, 1998, he has assured me that the lease price would not significantly change by the time we chose to lease the vehicles. In fact, he said the lease price could possibly decrease! I believe these vehicles would be more than adequate for our volunteer staff. The Saturn vehicles are well constructed and they have an outstanding warrantee program. FINDINGS We are currently budgeting $43,650 to lease and maintain 9 volunteer vehicles (see attached). If we decide to lease 9 new Saturn SL-1, 4 door sedans, at the proposed lease price our annual costs for NEW vehicles will be $20,088. This equates to a savings of $23,562 to the City of Delray Beach. BENEFITS 1. The lease option will provide a $23,562 savings to the City of Delray Beach 2. Less down time for our current fleet of volunteer vehicles (maintenance & repair) 3. This will allow the staff at the City Garage to dedicate more time towards maintaining our police fleet and other city vehicles, thereby decreasing the turnaround time to get police and other city vehicles back in operation. This has been a constant problem for the police department! 4. This will improve the image of our police department and volunteers who work closely with the citizens of Delray Beach daily. Instead of driving old worn-out vehicles, they will be in new reliable vehicles. 5. This will provide a boost in morale to our volunteers who volunteer and dedicate thousands of hours to the Delray Beach Police Department each year. 1998/1999 Support Services Budget Preparation Volunteer Vehicles (lease & maintenance costs) Year Unit Mileage City ofDelray City ofDelray 98/99 Budget Lease Cost Maint. Cost Totals 1990 1005 83,727 $3,240 $4,490 $7,730 1990 1007 90,041 $3,240 $4,490 $7,730 1990 1010 91,038 $1,200 $350 $1,550 1990 1011 73,656 $1,850 $1,700 $3,550 1990 1112 71,522 $1,900 $620 $2,520 1991 1116 49,016 $1,140 $3,460 $4,780 1991 1117 79,730 $1,150 $3,460 $4,610 1989 1904 86,152 $1,610 $3,650 $5,260 1987 1727 85,425 $1,610 $4,490 $6,100 TOTALS $16,940 $26,710 $43,650 Note: Mileage as of 5-12-98 ALTERNATIVE Lease 9 new 1998 Samm SL-1 4 door sedans (3 year lease) 39 month lease $186.00 per month $2,232.00 annually (per vehicle) 9 vehicles $20,088.00 annually *For a savings of $23,562.00 annually "~ ' ' * - SatUrn of [)elray ........ 28se-$. Federal Highway ........... Oelray Beach, A Member of the Ed Morse Group Florida 33483 (561) 276-0400 May I 3, 1998 SATUt~elray" Beach Police Dept. VIA FAX ATTENTION: Captain Ross Licata SUBJECT: LEASE OF 9 SUPPORT vEHICLES Dear Captain Licata, " Thank you for your reque§t for information regarding lease pricing for your department. Following are current examples of 39 month leases on both our 4 door models with automatic transmissions, air conditioning and AM/FM stereo: SL-1, no money down .... $186.00/month SL-1, $1,000.00 down .... $159.00/month SL-2, no money down .... $214.00/month SL-2, $1,000.00 down .... $184.00/month The above examples are subject to availability and final approval from our primary lease source. Prices are valid through May 31; 1998. Please contact me anytime when you need further information. Sincerely, Sales Manager TOTAL P.01 MEARS MOTOR LEASING May 15, 1998 Cap':ain Ross Licata City of Del Ray Beach Police Department 300 W. Atlantic Blvd. Del I~ay Beach, Fl. Dea' Captain Licata, Mears Motor Leasing can provide the City of Del Ray Beach Police Department slightly used, (less than 15,000 miles and the remainder of the factor/warranty) 199~l Chevrolet Lumina 4-door sedans. The lease on a 36 month term, allowing for 15,000 miles per year, would be $285.44 per month. The payment does include the tag fee. The lessee is responsible for maintenance and all necessary insu~'ance. In doing comparisons with new vehicles, I feel these Luminas would be the best valu~.~. The window on acquiring these units is fairly narrow, so a prompt decision would be in your best interest. Thanks! David R. Pickard SALES · ,LEASING · SERVICE 3905 I~L REY ROAD, ORLANDO. FLORIDA ~2808- FAX 407-578.4924- PHONE 407-298-2982 Employee Suggestion Proposal NOTE: A1 Packer Ford in Lake Worth submitted a telephone bid on a lease proposal for 9 vehicles. Their proposal is as follows: 1998 Ford Contours (4 door sedans) 36 month lease $895.75 down, $325.00 per month, per vehicle. Contact person: John Riley, fleet sales (1-800-662-7683 ext. 206) DRAFT February 19, 1999 Chair School Board Re: Proposed School Site for Delra¥ Beach/Boynton Beach Middle School Dear ...: The Palm Beach County School District's 5-Year Plan calls for a Boynton/Delray Area Middle School to provide enrollment relief to Carver and Congress Middle Schools. Under consideration by the School Board is a 35 acre parcel of land located south of the L-30 Canal on the east side of Military Trail. The site is within the City's Future Planning Area and is commonly known as the Ruby Bennett property. The Delray Beach Education Board discussed the proposed site and supports the location based on its close proximity to the City limits and the fact that it is within our future planning area. Regarding concerns over the surrounding retiree neighborhoods, the board members noted that this same issue came up with the siting of Carver Middle School. There have not been any significant locational problems with Carver. The Education Board voted unanimously to recommend approval of the acquisition of the Ruby Bennett property for a new school facility pending the outcome of contamination studies. In regular session on February 2, 1999, the Delray Beach City Commission voted unanimously to support the Education Board's recommendation and forward same to the School Board. Your serious consideration is appreciated. We look forward to working with you in the future. Sincerely, Alison MacGregor Harty City Clerk AMH/ cc: Palm Beach County School Board membership Dr. Joan Kowal, Superintendent Linda Hines Dr. Rohr? Janet Meeks, Senior Planner/Education Board Liaison TO: DAVID T. HARDEN, CITY MANAGER (~_ ~ ~ THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING J ~ FROM: JANE ,~/IEEKS, SENIOR PLANNER SUBJECT: MEETING OF FEBRUARY 2, 1999 ***CONSENT AGENDA*** PROPOSED SCHOOL SITE FOR DELRAY BEACHIBOYNTON BEACH MIDDLE SCHOOL The Palm Beach County School District's 5 Year Plan calls for a Boynton/Delray Area Middle School to provide enrollment relief to Carver and Congress Middle Schools. The School Board is currently looking at a site in the City's Future Planning Area. The 35 acre parcel is located south of the L-30 Canal on the east side of Military Trail and is known as the Ruby Bennett property. Controversy over the site has been noted in recent newspaper articles given its location in a predominantly retiree neighborhood. Approval of the site was scheduled for action by the School Board, however the item was postponed until additional information could be obtained regarding the extent of potential agricultural contamination. The Education Board discussed the proposed site at their January 20, 1998 meeting. The Board supports the location based on its close proximity to the City limits and the fact that it is within our future planning area. Regarding concerns over the surrounding retiree neighborhoods, the members noted that this same issue came up with the siting of Carver Middle School. There have not been any significant Iocational problems with Carver. The Education Board voted unanimously to recommend approval of the acquisition of the Ruby Bennett property for a new school facility pending the outcome of the contamination studies. By motion, forward the Education Board's recommendation to the Palm Beach County School Board. Attachments: Location Map and Newspaper Article CANA__L L-5__O I CANAL L-3O LAKE WORTH DRAINAGE DIS'[~ICT ['~ ~ ~ ~ .......... ~ ~, T:~77~ - PA~ RI~ BL~. ~ NURSERIES ~,~ ,,~ , L~E ~ RO~ R O . = LAK[ DA ~ PROPOSED MIDDLE SCHOOL SITE CITY OF DELRAY BEACH, FL PLANNING · ZONING -- DIGITAL ~SE ~P E~EM -- M~ REF: LMA107 TO: DAVID T. HARDEN THRU: DIANE DOMINGUEZ, DIRECTOR D PARTMENT OF PLANNING AND ZONING FROM: D NE~T MEE~ PLANNER SUBJECT: MEETING OF FEBRUARY 2, 1999 **CONSENT AGENDA** OFF-SITE PARKING AGREEMENTS BETWEEN THE CITY OF DELRAY BEACH, ATLANTIC CENTER, LTD, FREECOR INVESTMENTS, INC. AND MALLORY DEVELOPMENT, LTD FOR A PROJECT TO BE KNOWN AS MALLORY SQUARE, A PROPOSED 32 UNIT MULTIPLE FAMILY DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF NE 7TH AVENUE AND NE 1ST STREET. The proposal involves the construction of a 32 unit multi-family development known as Mallory Square (fka Colony Club). The developers of the Colony Club wish to purchase Lots 12-17, Block 116 of the Town of Linton plat, which contains required parking spaces for the adjacent properties (i.e. the former Great Western Bank and Carol Financial Plaza). These parking spaces are to be reconstructed in a parking garage and retained by the adjacent businesses through off-site parking agreements. Pursuant to LDR Section 4.6.9(E)(4), parking for a use may be provided off-site in non- residential zoning districts, provided that the properties are located within 300~of each other along an acceptable pedestrian route, that it does not diminish the ability of the off-site property to meet its own parking requirements, and approval is granted by the Site Plan Review and Appearance Board. Off-site parking arrangements are then accommodated through the execution of an agreement that stipulates that the off-site parking area may not be sold or otherwise disposed of, except in conjunction with the building which it is intended to serve, so long as those parking facilities are needed. The sites are zoned CBD (non-residential zoning district), and are located within 300' of the subject property (the businesses abut the south and west property lines). Pedestrian access will be accommodated in much the same manner as currently exists. Carole Financial Plaza will have access to the parking garage along the west property line through a pedestrian entrance located south of the dumpster enclosure. Pedestrians from the former Great Western Bank parking lot will have access to the City Commission Ddcumentation Meeting of February 2, 1999 Off-Site Parking Agreement for Mallory Square Page 2 garage via the proposed southern driveway connection or the sidewalk located within NE 7th Avenue right-of-way. The off-site parking agreements will not diminish the ability of the subject property to meet its own parking requirements, as the required parking (i.e. 78 parking spaces) is being provided for the residential units and the existing 98 spaces for the off-site business are being retained but reconfigured. The Site Plan Review and Appearance Board approved the off-site parking arrangement as part of the site development plan approval. Agreements between the various parties have been submitted. Pursuant to LDR Section 4.6.9 (E)(5), the associated off-site parking agreement must be approved by the City Commission, as the City is a party to the agreement. At its meeting of September 2, 1998, the Site Plan Review and Appearance Board approved the off-site parking arrangement pursuant to LDR Section 4.6.9(E)(4) on a 6-0 vote with the condition that recorded copies of the off-site parking agreements be provided prior to issuance of building permits for Mallory Square. By motion, approve the off-site parking agreement between The City of Delray Beach, Atlantic Center, LTD., Freecor Investments, Inc., and Mallory Development, LTD., for Mallory Square pursuant to positive findings with respect to LDR Section 4.6.9(E)(5) subject to the condition that a recorded copy of the off-site parking agreements be provided prior to issuance of building permits for Mallory Square. Attachments: *Off-Site Parking Agreements N.E. 1 A TLAN TIC PLAZA z ATLANTIC AVENUE · 'J COMMER CIA L ~ CONDO .:{ BAR -IARBOUR __ 0 CONDO ,~{ MIRAMAR ST, ~ MALLORY SQUARE CITY OF DELRAY BEACH, FL PLANNING &: ZONING OEPARTMENT --- DI(211'AI. ,~l.,,cg' ~ SY~'/E'.,I,¢ -- MAP REF: LM263 This instrument prepared By: Record and Return to: Michael S. Greene, Esq. Sachs, Sax & Klein, P.A. 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 AMENDMENT TO PARKING EASEMENT AGREEMENT APPEARED THIS day of , 1999, ATLANTIC CENTER, LTD., a Florida limited partnership ("Atlantic Center"), MALLORY DEVELOPMENT, LTD., a Florida limited partnership ("Mallory"), FREECOR INVESTMENTS, INC., a Florida corporation ("Freecor"), and the CITY OF DELRAY BEACH, FLORIDA ("City") and hereby entered into this Amendment to Parking Easement Agreement ("Amendment"). WITNESSETH: WHEREAS, Atlantic Center, Mallory, Freecor and the City entered into a certain Parking Easement Agreement dated of even date herewith ("Easement") with respect to a parking easement with respect to Carole Plaza (as described in the Easement, to which this Amendment is attached and incorporated therein; and WHEREAS, the City has requested this Amendment to the Easement as a condition of approval thereof. NOW, THEREFORE, in consideration of the recitals set forth herein, and other good and valuable consideration between the parties, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by reference. 2. The Easement is amended to add the following as Paragraph 28 thereof: The City, by entering into this Agreement, has no obligation to provide maintenance, nor does the City accept any liability associated with the use of the parking lots whatsoever. The City's interest is solely to assure its code of ordinances regarding the number of parking spaces is met. 3. The Easement remains in full force and effect without change except as expressly set forth in this Amendment. IN WITNESS WHEREOF, Mallory, Freecor, Atlantic Center and the City have caused this Amendment to be executed as required by law effective as of the day and year first above written. WITNESSES: ATLANTIC CENTER: ATLANTIC CENTER, LTD., a Florida limited partnership By: ATLANTIC CENTER, LTD., a Florida corporati, on~,as G~neral Partner Printed N a me :~']~:'N¢=~: /,~* ~ ~. ~U Name: Printed Name: ~~ STATE OF FLORIDA ) : SS.: COUNTY OF PALM BEACH) ,~ The foregoing instr .u~(rqnt was acknowledged bef~e~ m.e t~? ./' day of /,/// .ATLANTIC.. C~TER, INC., as General Partner on behalf of ATLANTIC CENTER, LTD., who '-~ ~s personall~.._~3g.~n-~ me or have produced NOTARY PUBLIC Commission Expires: _~,~0~(,_~ CO~EEN J. ~E e ~ ~'C~I~ON I CC~7~ 5isnature Pa~es Continue WITNESSES: MALLORY: MALLORY DEVELOPMENT, LTD., a Florida limited partnership By: MALLORY DEVELOPMENT, INC., a Florida Printed Name',~£~ Name: · ed ame:~e~y ~. ~)~ Its: STATE OF FLORIDA ) : SS.: COUNTY OF PALM BEACH) F'~ lhe foregoing instru~-'Ient was ac.krlqwledged befgr~ mer~ i~ ~ of ALLORY I~/ELOPMENT, I~C., as General Partner on behalf of MALLORY DEVELOPMENT, LTD., who is personally _know_n to me or have produced as identification· ~t~zi~~~ NOTARY PUBLIC Commission Expires: COLLEEN J. LEE ' cc_p? Signature Pages Continue FREECOR: WITNESSES: FREECOR INVESTMENTS, INC., a Florida corporation Printed Name: ,.~~.,~ ~ --Name: Printed Name: ~-=_,,c~,~ L~~ STATE OF FLORIDA ) : SS.: COUNTY OF PALM BEACH) The foregoing instrument was acknowledged befo~re me this c.Q~ dav of x:./~,~_~,-~ , 1999, by ~/~., ~,"~" as ~ ~~~ of FREECOR INVESTMENTS,. INC., A Florida corporation, who ~s personally known to me or have produce~.~Z~ ~/~.~ Z/~ ~ as identification. :~~rc~~c~ ~ NOT~Y PUBLIC ~~~c~ Commission Expires: Joined in by the City of Delray Beach for the purposes set fo~h herein: WITNESSES: CI~ OF DEL~Y BEACH, FLORIDA By: Printed Name: Jay Alperin, Mayor Printed Name: 4 STATE OF FLORIDA ) : SS.: COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this ~ day of ,1999, by Jay Alperin as Mayor of the City of Delray Beach, Florida corporation, who is personally known to me or have produced as identification. NOTARY PUBLIC Commission Expires: M:Msg~Colony Club~arking Easement Agreement11 .wpd 5 This instrument prepared By: Record and Return to: Michael S. Greene, Esq. Sachs, Sax & Klein, P.A. 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 PARKING EASEMENT AGREEMENT APPEARED THIS ~ day of , 1999, ATLANTIC CENTER, LTD., a Florida limited partnership ("Atlantic Center"), MALLORY DEVELOPMENT, LTD., a Florida limited partnership ("Mallory"), FREECOR INVESTMENTS, INC., a Florida corporation ("Freecor"), and the City of Delray Beach, Florida ("City") and hereby entered into this Parking Easement Agreement ("Agreement"). WITNESSETH: WHEREAS, Mallory is the owner of that certain real property described on Exhibit "A" (the "Property") and Atlantic Center is the owner of that certain temporary alternate parking area described on Exhibit "B" ("Alternate Property") and that certain real property described on Exhibit "C" ("Additional Parking Spaces"); and WHEREAS, Freecor is the owner of Carole Plaza described on Exhibit "D" ("Carole Plaza"); and WHEREAS, Freecor was the prior owner of the Property and has conveyed title to the Property to Mallory by warranty deed of even date herewith; and WHEREAS, subsequent to the conveyance of the Property to Mallory and, the recordation of this Agreement, Mallory, its successors or assigns intends to construct a building and related improvements ("Building") on and above the Property and the Additional Parking Spaces which would, in effect, create a covered parking lot for the Property and the Additional Parking Spaces; and WHEREAS, the City has an interest in ensuring that parking for Carole Plaza is adequate under the City's Zoning Code, and, therefore, has the right to consent to any release or termination of this Agreement, as specifically provided herein; and WHEREAS, in consideration for conveying the Property to Mallory at the price paid by Mallory to Freecor, Mallory has agreed to grant Freecor an easement for parking of automobiles on the portions of the Property described herein and a temporary easement for parking on a portion of the Alternate Property pursuant to the terms and conditions as more specifically set forth herein. NOW, 'I'HIEP, IEFOI~E, in consideration of the recitals set forth herein, and other good and valuable consideration between the parties, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by reference. 2. A. Mallory hereby does establish, give, grant and convey an exclusive (subject to the Off-Hour Rights and the Building Conditions, as described and defined herein) perpetual easement over, upon and on the portion of the Property depicted and described on Exhibit "E" hereto ("Parking Easement") for the purpose of allowing Freecor, its tenants, customers and guests ("Freecor's Designees") ingress to and egress to and from the Parking Easement, at an access point reasonably designated by Mallory from time to time, and for the purpose of parking automobiles in parking spaces within the Parking Easement, specifically designated on Exhibit "E" ("Designated Parking Spaces"). The Parking Easement shall only extend to and encumber the Designated Parking Spaces and the driveways as depicted on Exhibit "E"and shall not extend to or encumber any other property nor any structure, foundation, ramp, elevator, utility or mechanical system associated with or part of the Building. Such grant shall be perpetual in nature, run with the land (but shall benefit only Carole Plaza and no other property or building), and be binding upon all subsequent owners of the Parking Easement. B. The easement granted herein is limited to parking by passenger automobiles, and shall not be used for parking commercial vehicles, trucks (other than sports utility vehicles and mini-vans utilized as personal transportation), boats (including but not limited to personal water crafts), or trailers, or for the storage of equipment or other personal property. Mallory, its successors and assigns, and its designees, shall have the right to post signs prohibiting parking by other than passenger vehicles of tenants, customers and guests of Carole Plaza within the Parking Easement, and shall have the right to cause vehicles violating this restriction, or vehicles abandoned on the Property or vehicles parking on Mallory's property but outside of the Parking Easement, to be towed from the Property, to assess fines against such vehicles, to immobilize such vehicles utilizing devices such as a "Denver boot", and/or to take such other reasonable measures necessary or appropriate to enforce this restriction with regards to vehicles violating the aforementioned restriction, Mallory shall provide forty-eight (48) hours written notice (facsimile transmission being deemed sufficient for this purpose) to Freecor before towing or immobilizing such vehicles except in the event of an emergency or breach of the peace; however, no such notice shall be required for vehicles parking outside of the Parking Easement in spaces marked "reserved" or "private" or designated by name, suite or unit number. The Mallory, in the Mallory's sole and 2 absolute discretion, may establish from time to time, a parking decal or pass card system, security check-in or other reasonable mechanism to restrict parking in the Parking Easement to Freecor's Designees. Freecor shall be responsible to distribute such parking decals and passes, and/or advise its tenants of the mechanism established by Mallory pursuant hereto, Additionally, the Mallory shall have the right to notify Freecor of any violation and require that Freecor remove any abandoned vehicle, and/or to notify any persons violating the foregoing restrictions, and/or to otherwise take all reasonable actions to prevent any recurring violations. The Mallory, or any designee of the Mallory, may establish reasonable rules and regulations for conduct on the Property and the Parking Easement consistent with the Mallory's development of the Building and for the benefit of the Building and its occupants, including without limitation, the following rules and regulations, which shall be effective from the date of this Agreement: (1) No alcoholic beverages shall be permitted to be consumed in the Parking Easement; (2) No loitering by any persons shall be permitted; (3) No radios or other noise producing devices shall be operated by any persons in the Parking Easement. The Mallory shall have the right to enforce such restrictions and cause any persons violating such rules to be removed from the Property in accordance with law. The Mallory shall notify Freecor of the establishment of new or additional reasonable rules and regulations by providing written notice thereof at least ten (10) days before such become effective. F reecor shall promptly notify in writing its tenants of the establishment of the rules and regulations. New tenants shall be notified in writing at or before execution of their respective leases and before occupancy of the existence of the restrictions and rules and regulations. C. Between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday, and on Saturday and Sunday ("Off-Hours") Mallory shall have the right ("Off-Hours Rights") to utilize the Parking Easement for overflow or event parking for the Building for occupants, tenants, and guests in the Building. D. Freecor acknowledges and agrees that portions of the Building's structure, foundation, ramps, pipes and lines, mechanical systems, and other components ("Building Conditions") may, as a result of necessary design and construction considerations, encroach into, on or under the Parking Easement. The encroachment of such Building Conditions are expressly permitted by the terms of the Agreement, and the Freecor shall have no right to require the removal or relocation of such Building Conditions. Freecor agrees that upon Mallory's request this Agreement and the Parking Easement shall be amended to (i) modify Exhibit "E" hereto to account for or remove therefrom any Building Conditions so long as there are no less than fifty-two (52) Designated Parking Spaces in the aggregate located in the same general area of the Property, and/or (ii) modify Exhibit "B" and "C" hereto to relocate the parking spaces therein (so long as the essential benefits of this Agreement are not denied to Freecor). The parties agree to enter into any necessary, appropriate and recordable documents to accomplish such modification. Additionally, any lien rights granted to Freecor herein shall not extend to encumber or be a lien against any portion of the Building or any Building Condition encroaching into, on or under the Parking Easement or the Additional Parking Spaces. 3. It being contemplated by the parties that Mallory will be demolishing the existing parking improvements currently existing on the Property in order to prepare the Property for site work and the construction of the building on the Property, the parties hereby agree that Mallory shall provide no less than thirty (30) days written notice to Freecor prior to commencing demolition of the existing parking improvements on the Property. Upon the expiration of said thirty (30) days, and for the period during construction of improvements on the Property and as otherwise set forth in this Agreement, Atlantic Center hereby grants a temporary easement over, upon and on the Alternate Property for the purpose of allowing Freecor its owners, tenants and guests, ingress to and egress from the Alternate Property and to park on the Alternate Property in designated parking spaces. During the time that Freecor shall have an easement over the Alternate Property, Atlantic Center shall designate by stenciling the word "Reserved" on at least twenty (20) specific spaces on the Alternate Property to be used by Freecor and its designees. Upon the completion of the parking improvements on the Parking Easement, the Temporary Easement shall terminate automatically and be null and void upon complection of the parking improvements in the Parking Easement, and Freecor shall cease using the Alternate Property. 4. The anticipated site plan for the Parking Easement is attached as part of Exhibit "E" and have been approved by Freecor. Mallory shall not materially alter the Parking Easement, or relocate the Designated Parking within the Property, without Freecor's prior written approval, which shall not be unreasonably delayed, withheld or conditioned. Notwithstanding the foregoing, the Mallory may relocate the Designated Parking Spaces on the Property, so long as there are no less than fifty-two (52) parking spaces in the aggregate located in the same general area of the Property. In such event, the parties hereto agree to modify Exhibit "B" to reflect such relocation and to enter into any necessary, appropriate, and recordable documents to accomplish such modification. 5. Mallory shall have eighteen (18) months from demolition ofthe existing parking improvements, subject to events of force majeure (including without limitation, inclement weather, acts of God, riot, strikes and labor unrest, unavailability of materials, acts or omissions of any governmental authority) within which to complete all improvements on the Property that are necessary to allow use of the Parking Easement for parking spaces as provided in this Agreement. If such improvements for the parking area in the Parking Easement, are not completed within said eighteen (18) month period (completion meaning issuance of a Certificate of Occupancy from the appropriate governmental agency, or other 4 approval for use as a parking lot, if any), Mallory shall pay liquidated damages to Freecor equal to Two Thousand and No/100 Dollars ($2,000.00) for every calendar month period beyond the eighteen (18) months described herein. Such $2,000.00 payment shall be due and owing on the first day of each such month day period, and shall be deemed earned for such succeeding one month period without proration for any portion thereof. 6. In addition to the Parking Easement, Mallory grants to Freecor the non-exclusive right to maintain in the enclosure depicted on Exhibit "E" and identified as "dumpster enclosure", a commercial dumpster with a capacity of no greater than six (6) cubic yards. Freecor acknowledges that the depicted enclosure will also house other dumpsters, including those serving the Building. Freecor shall maintain, repair, and clean the dumpster, at its sole cost and expense; such maintenance, repair and cleaning to be accomplished in a commercially reasonable manner and so as to prevent debris and odor to escape therefrom. 7. Mallory shall ensure, at its own expense, that all improvements constructed on the Property, including parking structures, as well as building structures shall be in material compliance with all applicable building codes, fire codes and insurance requirements. To the extent any such codes or requirements are violated in any material respect, which violation results in the partial or full closure of the Property, then Freecor shall be entitled, at its option, (but without obligation) to rectify such code violations at its own expense, and request reimbursement from Mallory for such expense. Failure to pay such reimbursement within ten (10) days of presentation of payment to Mallory, shall result in the establishment of a lien on the Parking Easement for such amount. Upon the filing of an affidavit making reference to this paragraph, such affidavit shall constitute a lien on the Parking Easement and the Additional Parking Spaces in the amount set forth therein. 8. A. As between Mallory and Freecor, Mallory shall be responsible for maintaining and repairing all structures constructed on or over the Parking Easement. Maintenance and repair of the Parking Easement shall include, but not be limited to, using reasonable efforts to prevent use of the Parking Easement by anyone not authorized to park on the Parking Easement, maintaining all ceiling materials, conduits, pipes and other materials which will exist above the Parking Easement so that such will not fall, drip, leak, corrode or otherwise deteriorate in such a manner as to cause serious injury or damage to person or personalty while on the Parking Easement; and repairing any portion of the improvement on the Parking Easement constructed by, or on behalf of Mallory which has fallen, dripped, leaked, corroded or otherwise deteriorated in such a manner as to cause damage to person or personalty on the Parking Easement. It is agreed between the parties, that Freecor shall have no obligation towards any of the maintenance and repair costs as described herein except to the extent that such are caused by Freecor, Freecor's Designees, agents, contractors employees, or invitees, in which event Freecor shall pay within ten (10) days from receipt of an invoice, such costs to Mai Iory. To the extent that such mai ntenance and repair obligations of Mallory are not properly carried out to such an extent that all or part of the Parking Easement is prevented from being used as a parking area, then, Freecor shall be entitled to 5 enter the Parking Easement, perform such maintenance to the Parking Easement, in which event Freecor may charge the reasonable costs of such maintenance to Mallory. In the event that Mallory does not pay such reasonable costs within thirty (30) days after receipt of Freecor's invoice and supporting documentation, Freecor may file in the Public Records of Palm Beach County, Florida an affidavit making reference to this paragraph, such affidavit shall be considered a lien for such reasonable costs against the Parking Easement and the Additional Parking Spaces (subject to Building Conditions encroaching thereon) and foreclose such in the same manner as the foreclosure of mortgages. B. In the event of any loss or damage to all or any portion of the Parking Easement (or means of access thereto) due to fire or other casualty, Mallory shall, subject to the rights of its mortgagees and lenders, expeditiously restore and rebuild all loss or damage to the Parking Easement (or means of access thereto) resulting from such fire or other casualty. The Parking Easement shall be restored and rebuilt of at least equal quality and substantially the same character as it existed prior to such loss or damage. During such period of rebuilding or restoring, Mallory shall designate such other parking lot or spaces for use by Freecor pending completion of the rebuilding or restoration in the general vicinity of the Property. C To the extent that Mallory is delinquent in payment of real estate taxes or hazard insurance then Freecor shall be allowed to make such payments and such payments shall also constitute a lien on the Property. Upon the filing of an affidavit making reference to this paragraph, such affidavit shall constitute a lien on the Property in the amount set forth therein 9. At all times, Mallory shall not take or permit any action which will result in material interference with, or material restriction of, the use of the Parking Easement or the Alternate Property (as provided herein) as a parking lot by Freecor or Freecor's designees without the prior written consent of Freecor. Further, Mallory shall take such reasonable action to ensure the continued use by Freecor of the Parking Easement or the Alternate Property as applicable. Such obligation shall include, but not be limited to, procuring and paying at all times, all permits, licenses, authorizations and consents and renewals thereof from all appropriate governmental authorities and agencies which may be required in connection with the Malloryship of the Parking Easement and its operation as a parking lot; material compliance with all applicable city, county, state and federal laws, rules, orders, ordinances, material regulations and all lawful orders, rules and requirements of all governmental or quasi-governmental authorities or agencies, and of all municipal departments, bureaus, boards, commissions, companies or other authorities regarding the ownership or use of the Parking Easement; and the payment of all real estate taxes, fees, charges or other payments to ensure the continued ownership and use of the Parking Easement; that no liens or other encumbrance shall be placed against or attached to the Parking Easement which would divest or result in termination of this Agreement; and that the Mallory shall not apply for or cause to be effective any zoning amendment or variance to existing zoning ordinances that would prevent or diminish the use of the Parking Easement as a parking lot, Freecor shall have no obligation to remit payment to Mallory as a result of Mallory's obligations as set forth herein, unless such was due to the acts or omissions of Freecor or Freecor's Designees. 6 10. Freecor and its assigns shall have the right to mortgage, pledge or collaterally assign its interest in this Agreement and to assign or pledge the same as security for any debt and all rights acquired by such secured party under any such security instrument in connection with and ancillary to the financing of Carole Plaza (so long as such mortgage, pledge, or collateral assignee agrees to be bound by the terms hereof and obligations and agreements of Freecor herein). In addition to the specific rights granted to any mortgagee or secured party as contemplated herein, such mortgagee or secured party shall possess all rights of Freecor under this Agreement and all obligations of Mallory to Freecor shall inure to the benefit of such mortgagee or secured party and all obligations of Freecor shall be the obligation of such mortgagee or secured party from and after the date such may come into possession of Freecor's rights hereunder. 11. Mallory and its assigns shall have the right to mortgage, pledge or collaterally assign its interest in the Property, the Building and this Agreement and to assign or pledge the same as security for any debt and all rights acquired by such secured party under any such security instrument in connection with the Property and the Building; however, such shall be mortgage, pledge or col lateral assignment shall be subordinate to the easement rights set forth herein. In addition to the specific rights granted to any mortgagee or secured party as contemplated herein, such mortgagee or secured party shall possess all rights of Mallory under this Agreement and all obligations of Freecor to Mallory shall inure to the benefit of such mortgagee or secured party. 12. To the extent that any portion of the Parking Easement is condemned or an action for eminent domain is filed which would result in the taking of any portion of the Parking Easement, Freecor shall be entitled to a separate award based on its interests in the Property. 13. A. Mallory shall procure and keep in full force and effect such insurance as may be required to insure the Property against loss or damage by fire, lighting or other hazards or casualties commonly covered under broad form "Extended Coverage" insurance policies with such insurance to be in the amount of the replacement cost of the improvements on the Property, including the parking area. B. Mallory and Freecor shall each procure and keep in full force and effect commercial general liability insurance policies with limits of no less than $1,000,000 per occurrence and $3,000,000 in the aggregate for their respective properties and the interests provided herein. Each party, and their successors and assigns, shall be named as additional insureds under such policies. Freecor and any of Freecor's mortgagees or secured parties shall be named as additional insureds under such the hazard insurance policies as their interest may appear. To the extent permitted by each party's insurance companies, Mallory and Freecor shall waive any and all claims, damages, liabilities, demands, costs and expenses to the extent covered and paid under such insurance policies. C. All such policies of insurance required hereunder shall be effected under valid and enforceable policies issued by insurers licensed to do business in the State of Florida. Each party shall furnish to the other certificates evidencing such coverage and shall furnish evidence of renewals thereof within thirty (30) days prior to the expiration of any then existing coverage. All certificates and policies shall state that such insurance may not be changed or canceled without at least thirty (30) days prior written notice to the additional insureds.. 14. The relationship between Mallory and Freecor hereunder shall be solely that of Mallory and easement holder, and nothing herein contai ned shall be construed as establishing a joint venture, partnership, association, agency or other form of business relationship or render Mallory or Freecor liable for any other debts or obligations or for any act or omission of the other. 15. In any proceeding to interpret or enforce the terms of this Agreement, the prevailing party, including any mortgagee or secured party of Freecor or Mallory, shall be entitled to an award of attorney fees and costs, through all levels of appeal. This Agreement is entered into in the State of Florida and shall be governed by the applicable law of said state. Venue for any litigation shall be Palm Beach County, Florida. 16. The conditions, covenants, and agreements contained in this agreement shall bind and inure to the benefit of Mallory and Freecor and their respective heirs, distributees, mortgagees, successors and assigns. Freecor acknowledges that Mallory may develop the Building as residential condominium units and in that event, the Mallory may assign its rights, in whole or in part, and duties hereunder to the condominium association created in connection therewith, in which event such association shall be deemed the successor and assign of the Mallory, in which event the Mallory shall be released of further obligation hereunder. Freecor acknowledges and agrees that if Freecor's and/or its mortgagee(s)' joinder and consent is required to submit the Property to the Declaration of Condominium, Freecor shall execute (and/or cause to be executed by its mortgagee(s)) and deliver to Mallory such recordable joinder and consent as reasonably required by Mallory within ten (10) days from receipt thereof. 17. This agreement sets forth the entire understanding between Mallory and Freecor, and shall not be changed, modified, or amended except by an instrument in writing signed by the party against whom the enforcement of any such change, modification, or amendment is sought, and intending to be such a change, modification or amend. Whenever used, the singular and the use of any gender shall include all genders, the headings set forth in this agreement are for ease of reference only, and shall not be interpreted to modify or limit the provisions hereof. 18. If any term, covenant or condition of this agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this agreement shall be valid and enforceable to the ful lest extent permitted by law so long as the benefits and obi igations of the parties hereto are not materially altered. 19. Mai Iory hereby agrees to indemnify and hold Freecor and its officers, directors, shareholders, employees, assigns, and related entities, harmless from and against all claims, suits, actions, proceedings, administrative claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses through all levels of appeal), affecting Freecor or its officers, directors, shareholders, employees, assigns and related entitles, arising in connection with the existing of this Agreement or any breach of the terms of this Agreement, by Mallory. 20. Freecor hereby agrees to indemnify and hold Mallory and its officers, directors, shareholders, employees, assigns, and related entities, harmless from and against all claims, suits, actions, proceedings, administrative claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses through all levels of appeal), affecting Mallory or its officers, directors, shareholders, employees, assigns and related entitles, arising in connection with the existing of this Agreement or any breach of the terms of this Agreement, by Freecor. 21. Ti me is of the essence with respect to the performance of every provision of th is agreement in which time of performance is a factor. 22. This Agreement may be terminated or released only with the consent of Mallory, Freecor and the City, which release shall be effectuated by a written termination agreement being recorded among the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, Mallory, Freecor, Atlantic Center and the City have caused this Agreement to be executed as required by law on the day and year first above written. WITNESSES: ATLANTIC CENTER: ATLANTIC CENTER, LTD., a Florida limited partnership By: ATLANTIC CENTER, LTD., a Florida corporationL as General Partner Printed Name:~_.~t~.~- ~ ~.~c~.l/r~/'~'Z Name: ~tc.c~J~.~9 ~~ . ~ Pn nted Name:~~. ~ ~~ . 9 STATE OF FLORIDA ) : SS.: COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this ~__~_~day of ~ , 1999, by/~/~/'//-~z2 ~_,/,~;~: as //./9. of ~¥,¥LANT~..CENTER, INC., as General Partner on behalf of ATLANTIC CENTER, LTD., who is personally known to me or have produced as identification. - OFFICIAL NOTARY SEAL j I :~1'~g¥ PO~. JOAN a COOPER I NOTARY PUBLIC Commission Expires: MY COMMISSION ExI~RES J WITNESSES: MALLORY: J ~g.r. ~:~o<~ M, AR__. ~J.]9..99 J MALLORY DEVELOPMENT, LTD., a Florida limited partnership By: MALLORY DEVELOPMENT, INC., a Florida corporation, as General Partner Printed Name: ,~~ Name: ' - - Its: q STATE OF FLORIDA ) : SS.: COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this~l~/' day of ~ , 1999, by .~,,/~ ~,',~,~' as ///./~. of MALLORY DEVELOPMENT, INC., as General Partner on behalf of MALLORY DEVELOPMENT, LTD., who is personally known to me or have produced as /V ~C identificatig///n' ~~.~/~~. NOTARY PUBLIC / p,9, Y ,°O ' OFFI~IA~. 'NOTARY SEAL I Commission Expires: J o~ ~(~ JOAN R COOPER J I O~ ~u ....... MAR_. _~,1999 I FREECOR: WITNESSES: FREECOR INVESTMENTS, INC., a Florida corporation · Name: ~j~r~ ~'_~ kX'./~,,.JZ"6#f'"Name: ,..~_..-,4~. ~/~//,f'/.,--..' Printed Name: ~rr~.~,.c~c.'L~ ~,-~ STATE OF FLORIDA ) : SS.: COUNTY OF PALM BEACH) ,.ff',~/za foregoing was acknowledged me ¢/ day The instrument before this of ~,~- , 1999, by(,'~,,~,4,~/~:& ~¥(-'/,,D as FREECOR INVESTMENTS, INC., A~r~ ~ is personally known to me or have produced /~~ ~~ ~,e ~.6 ~ as identification. · ~,~"~ ~-El~n ~r~ ~.~} ~ 7, ~oo~ NOTARY PUB LIC ~ ~~"~'~ Commission Expires: Joined in by the City of Delray Beach for the purposes set forth herein: 11 WITNESSES: CITY OF DELRAY BEACH, FLORIDA By: Printed Name: Jay Alperin, Mayor Printed Name: STATE OF FLORIDA ) : SS.: COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this ~ day of ,1999, by Jay Alperin as Mayor of the City of Delray Beach, Florida corporation, who is personally known to me or have produced as identification. NOTARY PUBLIC Commission Expires: M:Msg\Colony Club\Parking Easement Agreement11 .wpd 12 JAN 26 '99 16:27 T0-~437221 FROH- T-214 P 11/12 F-2!8 EXHIBIT Lots 12 and 13, Block 116, Delray Beach (formerly Town of Linton), accordini~ To [ne Plat thereof, recorded in Plat Book 1, PaBe 3, Sheet 1 of the Public Records of Palm Beach County, Florida. 14 EXHIBIT "B" Lots 9 and 10, less the West 5 feet thereof, Block 116, Delray Beach (Formerly Linton) according to the Plat thereof, recorded in Plat Book 1, Page 3, Sheet 1 of the Public Records of Palm Beach County, Florida. 14 EXHIBIT "C" Lots 14, 15 and 16 and Lot 1 7 less the South 3 feet thereof, Block 116, Del ray Beach (formerly Town of Linton), according to the Plat thereof, as recorded in Plat Book 1, Page 3, Sheet 1 of the Public Records of Palm Beach County, Florida. 15 JAN 27 '99 15:53 T0-2784755 FROH- T-259 P. 02/02 F-261 EXHIBIT "D" Lots 1, 2, 3, 4, 5 and 6, Block 116, Delray Beach, according to the Plat thereof, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, less the following described two parcels which were deeded to the State of Florida in Official Records Book 51 1, Page 51 6, for Right of Way of State Road No. 5 to wit: 1) West S feet of Lots 1,2,3, and of Lot 4 LESS the South 7.8 feet thereof, Block 116, Delray Beach, formerly Linton, Florida, according to the Flat thereof as recorded in Plat Bool~ 1, Page 3, Palm Beach County, Florida. LESS ALSO: 2) A parcel of land in Lot 1, Block 116, Delray I~each, as recorded in Plat Book 1, Page 3, Palm Beach County, Public Records, more particularly described as follows-. From a point on the North line of said Lot 1, located 5 feet East of the Northwest corner thereof, run Easterly alonl~ said North line for 15.22 feet; thence run Southwesterly along a curve concave to the Southeast and having a radius of 15 feet for 23.79 feet through a central anl~le of 90 de~[ree~ 51 minutes OO seconds to a point on a line parallel to and 5 feet Easterly of the West line of said Lot 1; thence run North 01 degrees 08 minutes 35 seconds West alonl~ said parallel line for 1 5.22 feet to point of be§inning. 01/27/99 WED 16:52 [TX/RX NO 5356] EXHIBIT "E" See the s/<etch attached hereto, for all spaces designated CB. l? This instrument prepared By: Record and Return to: Michael S. Greene, Esq. Sachs, Sax & Klein, P.A. 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 AMENDMENT TO PARKING EASEMENT AGREEMENT APPEARED THIS ~ day of , 1999, ATLANTIC CENTER, LTD., a Florida limited partnership ("Atlantic Center"), MALLORY DEVELOPMENT, LTD., a Florida limited partnership ("Mallory"), and the CITY OF DELRAY BEACH, FLORIDA ("City") and hereby entered into this Amendment to Parking Easement Agreement ("Amendment"). WITNESSETH: WHEREAS, Atlantic Center, Mallory, and the City entered into a certain Parking Easement Agreement dated of even date herewith ("Easement") with respect to a parking easement with respect to Carole Plaza (as described in the Easement, to which this Amendment is attached and incorporated therein; and WHEREAS, the City has requested this Amendment to the Easement as a condition of approval thereof. NOW, THEREFORE, in consideration of the recitals set forth herein, and other good and valuable consideration between the parties, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by reference. 2. The Easement is amended to add the following as Paragraph 28 thereof: The City, by entering into this Agreement, has no obligation to provide maintenance, nor does the City accept any liability associated with the use of the parking lots whatsoever. The City's interest is solely to assure its code of ordinances regarding the number of parking spaces is met. 3. The Easement remains in full force and effect without change except as expressly set forth in this Amendment. IN WITNESS WHEREOF, Mallory, Atlantic Center and the City have caused this Amendment to be executed as required by law effective as of the day and year first above written. WITNESSES: ATLANTIC CENTER: ATLANTIC CENTER, LTD., a Florida limited partnership By: ATLANTIC CENTER, LTD., a Florida Printed Name:,~/.~ Printed Name: STATE OF FLORIDA ) : ss.: COUNTY OF PALM BEACH) The foregoing instrum,~.~t was acknowledged befor~e/.r?e~, is c:~ '-~ay of ~=LANTIC CEN~"L~R, INC., as General-Partner on behalf ~f ATLANTIC CENTER, LTD., who is personally known to me or have produced as identification. ~,./~~~~ NOTARY PUBLIC ~,,,,~1~,6. C oC/:l.(~t,,im, li.Sl~ ~ n Expires: *- ~-I__~ EXPII~F~ APR 26. Signature Pages Continue 2 WITNESSES: MALLORY: MALLORY DEVELOPMENT, LTD., a Florida limited partnership By: MALLORY DEVELOPMENT, INC., a Florida By: Printed Na me'~,~'~ Name: . · Its: STATE OF FLORIDA ) COUNTY OF PALM BEACH) _A.mhe foregoing instrum, e~t was acknowledged before,, ,me~h. is c~/~ 7~aay of f ELOPMENT, INC., as General-Partner on behalf of MALLORY -DEVELOPMENT, LTD., who is personally known to me or have produced NOTARY PUBLIC Commission Expires: Signature Pages Continue 3 Joined in by the City of Delray Beach for the purposes set forth herein: WITNESSES: CITY OF DELRAY BEACH, FLORIDA By: Printed Name: Jay Alperin, Mayor Printed Name: STATE OF FLORIDA ) : SS.; COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this ~ day of ., 1999, by Jay Alperin as Mayor of the City of Delray Beach, Florida corporation, who is personally known to me or have produced as identification. NOTARY PUBLIC Commission Expires: M:Msg\Colony Club~Parking Easement Agreement11 .wpd 4 This instrument prepared By: Record and Return to: Michael S. Greene, Esq. Sachs, Sax & Klein, P.A. 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 PARKING EASEMENT AGREEMENT APPEARED THIS ~ day of ,1999, MALLORY DEVELOPMENT, LTD., a Florida limited partnership ("Owner"), ATLANTIC CENTER, LTD, a Florida limited partnership ("Atlantic"), and the CITY OF DELRAY BEACH, FLORIDA ("City") and hereby entered into this Parking Easement Agreement ("Agreement"). WITNESSETH: WHEREAS, Owner is the owner of that certain real property described on Exhibit "A" (the "Property") and the certain real property described on Exhibit "B" ("Additional Property"); and WHEREAS, Atlantic is the owner of Atlantic Plaza described on Exhibit "C" ("Atlantic Plaza"); and WHEREAS, Atlantic was the prior owner of the Property and has conveyed title of the Property to Owner by special warranty deed of even date herewith; and WHEREAS, subsequent to the conveyance of the Property to Owner and, the recordation of this Agreement, Owner, its successors or assigns intend to construct a building and related improvements ("Building") on and above the Property and the Additional Property which would, in effect, create a covered parking lot for the Property; and WHEREAS, the City has an interest in ensuring that parking for Atlantic Plaza is adequate under the City's Zoning Code, and, therefore, has the right to consent to any release or termination of this Agreement, as specifically provided herein; and WHEREAS, in consideration for conveying the Property to Owner at the price paid by Owner to Atlantic, Owner has agreed to grant Atlantic an easement for parking of automobi les on the portions of the Property described and set forth herein. NOW, THEREFORE, in consideration of the recitals set forth herein, and other good and valuable consideration between the parties, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by reference. 2. A. Owner hereby does establish, give, grant and convey an exclusive (subject to the Off-Hour Rights and the Building Conditions, as described and defined herein) perpetual easement over, upon and on the portion of the Property depicted and described on Exhibit "D" hereto ("Parking Easement") for the purpose of allowing Atlantic, its tenants, customers and guests ("Atlantic's Designees") ingress to and egress to and from the Parking Easement, at an access point reasonably designated by Owner from time to time, and for the purpose of parking automobiles in parking spaces within the Parking Easement, specifically designated on Exhibit "D" ("Designated Parking Spaces"). The Parking Easement shall only extend to and encumber the Designated Parking Spaces and the driveways as depicted on Exhibit "D"and shall not extend to or encumber any other property nor any structure, foundation, ramp, elevator, utility or mechanical system associated with or part of the Building. Such grant shall be perpetual in nature, run with the land (but shall benefit only Atlantic Center and no other property or building), and be binding upon all subsequent owners of the Parking Easement. B. The easement granted herein is limited to parking by passenger automobiles, and shall not be used for parking commercial vehicles, trucks (other than sports utility vehicles and mini-vans utilized as personal transportation), boats (including but not limited to personal water crafts), or trailers, or for the storage of equipment or other personal property. Owner, its successors and assigns, and its designees, shall have the right to post signs prohibiting parking by other than passenger vehicles of tenants, customers and guests of Atlantic Center within the Parking Easement, and shall have the right to cause vehicles violating this restriction, or vehicles abandoned on the Property or vehicles parking on Owner's property but outside of the Parking Easement, to be towed from the Property, to assess fines against such vehicles, to immobilize such vehicles utilizing devices such as a "Denver boot", and/or to take such other reasonable measures necessary or appropriate to enforce this restriction with regards to vehicles violating the aforementioned restriction, Owner shall provide forty-eight (48) hours written notice (facsimile transmission being deemed sufficient for this purpose) to Atlantic before towing or immobilizing such vehicles except in the event of an emergency or breach of the peace; however, no such notice shall be required for vehicles parking outside of the Parking Easement in spaces marked "reserved" or "private" or designated by name, suite or unit number. The Owner, in the Owner's sole and absolute discretion, may establish from time to time, a parking decal or pass card system, security check-in or other reasonable mechanism to restrict parking in the Parking Easement to Atlantic's Designees. Atlantic shall be responsible to distribute such parking decals and passes, and/or advise its tenants of the mechanism established by Owner pursuant hereto, 2 Additionally, the Owner shall have the right to notify Atlantic of any violation and require that Atlantic remove any abandoned vehicle, and/or to notify any persons violating the foregoing restrictions, and/or to otherwise take all reasonable actions to prevent any recurring violations. The Owner, or any designee of the Owner, may establish reasonable rules and regulations for conduct on the Property and the Parking Easement consistent with the Owner's development of the Building and for the benefit of the Building and its occupants, including without limitation, the following rules and regulations, which shall be effective from the date of this Agreement: (1) No alcoholic beverages shall be permitted to be consumed in the Parking Easement; (2) No loitering by any persons shall be permitted; (3) No radios or other noise producing devices shall be operated by any persons in the Parking Easement. The Owner shall have the right to enforce such restrictions and cause any persons violating such rules to be removed from the Property in accordance with law. The Owner shall notify Atlantic of the establishment of new or additional reasonable rules and regulations by providing written notice thereof at least ten (10) days before such become effective. Atlantic shall promptly notify in writing its tenants of the establishment of the rules and regulations. New tenants shall be notified in writing at or before execution of their respective leases and before occupancy of the existence of the restrictions and rules and regulations. C. Between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday, and on Saturday and Sunday ("Off-Hours") Owner shall have the right ("Off-Hours Rights") to utilize the Parking Easement for overflow or event parking for the Building for occupants, tenants, and guests in the Building. D. Atlantic acknowledges and agrees that portions of the Building's structure, foundation, ramps, pipes and lines, mechanical systems, and other components ("Building Conditions") may, as a result of necessary design and construction considerations, encroach into, on or under the Parking Easement. The encroachment of such Building Conditions are expressly permitted by the terms of the Agreement, and the Atlantic shall have no right to require the removal or relocation of such Building Conditions. Atlantic agrees that upon Owner's request this Agreement and the Parking Easement shall be amended to (i) modify Exhibit "D" hereto to account for or remove therefrom any Building Conditions so long as there are no less than fifty-two (52) Designated Parking Spaces in the aggregate located in the same general area of the Property, and/or (ii) modify Exhibit "A" and "B" and "D" hereto to relocate the parking spaces therein (so long as the essential benefits of this Agreement are not denied to Atlantic). The parties agree to enter into any necessary, appropriate and recordable documents to accomplish such modification. Additionally, any lien rights granted to Atlantic herein shall not extend to encumber or be a lien against any portion of the Building or any Building Condition encroaching into, on or under the Parking Easement or the Additional Parking Spaces. 3. It being contemplated by the parties that Owner will be demolishing the existing parking improvements currently existing on the Property in order to prepare the Property for site work and the construction of the building on the Property, the parties hereby agree that Owner shall provide no less than thirty (30) days written notice to Atlantic prior to commencing demolition of the existing parking improvements on the Property. Upon the expiration of said thirty (30) days, and for the period during construction of improvements on the Property and as otherwise set forth in this Agreement. 4. The anticipated site plan for the Parking Easement is attached as part of Exhibit "D" and have been approved by Atlantic. Owner shall not materially alter the Parking Easement, or relocate the Designated Parking within the Property, without Atlantic's prior written approval, which shall not be unreasonably delayed, withheld or conditioned. Notwithstanding the foregoing, the Owner may relocate the Designated Parking Spaces on the Property, so long as there are no less than fifty-two (52) parking spaces in the aggregate located in the same general area of the Property. In such event, the parties hereto agree to modify Exhibits "A" and "D" to reflect such relocation and to enter into any necessary, appropriate, and recordable documents to accomplish such modification. 5. Owner shall have eighteen (18) months from demolition of the existing parking improvements, subject to events of force majeure (including without limitation, inclement weather, acts of God, riot, strikes and labor unrest, unavailability of materials, acts or omissions of any governmental authority) within which to complete all improvements on the Property that are necessary to allow use of the Parking Easement for parking spaces as provided in this Agreement. If such improvements for the parking area in the Parking Easement, are not completed within said eighteen (18) month period (completion meaning issuance of a Certificate of Occupancy from the appropriate governmental agency, or other approval for use as a parking lot, if any), Owner shall pay liquidated damages to Atlantic equal to Two Thousand and No/100 Dollars ($2,000.00) for every calendar month period beyond the eighteen (18) months described herein. Such $2,000.00 payment shall be due and owing on the first day of each such month day period, and shall be deemed earned for such succeeding one month period without proration for any portion thereof. 6. In addition to the Parking Easement, Owner grants to Atlantic the non-exclusive right to maintain in the enclosure depicted on Exhibit "D" and identified as "dumpster enclosure", a commercial dumpster with a capacity of no greater than six (6) cubic yards. Atlantic acknowledges that the depicted enclosure will also house other dumpsters, including those serving the Building. Atlantic shall maintain, repair, and clean the dumpster, at its sole cost and expense; such maintenance, repair and cleaning to be accomplished in a Commercially reasonable manner and so as to prevent debris and odor to escape therefrom. 4 7. Owner shall ensure, at its own expense, that all improvements constructed on the Property, including parking structures, as well as building structures shall be in material compliance with all applicable building codes, fire codes and insurance requirements. To the extent any such codes or requirements are violated in any material respect, which violation results in the partial or full closure of the Property, then Atlantic shall be entitled, at its option, (but without obligation) to rectify such code violations at its own expense, and request reimbursement from Owner for such expense. Failure to pay such reimbursement within ten (10) days of presentation of payment to Owner, shall result in the establishment of a lien on the Parking Easement for such amount. Upon the filing of an affidavit making reference to this paragraph, such affidavit shall constitute a lien on the Parking Easement and the Additional Parking Spaces in the amount set forth therein. 8. A. Owner shall be responsible for maintaining and repairing all structures constructed on or over the Parking Easement. Atlantic shall maintain, clean, repair and replace the Parking Easement including, but not limited to, repairing, replacing and re-sealing all concrete and asphalt parking spaces and driveways, re-striping, replacing signage, and periodic clearing of debris removal on the Property and Additional Property, all to maintain the first class condition thereof. Owner's replacing and maintaining structures shall include, but is not limited to, using reasonable efforts to prevent use of the Parking Easement by anyone not authorized to park on the Parking Easement, maintaining all ceiling materials, conduits, pipes and other materials which will exist above the Parking Easement so that such will not fall, drip, leak, corrode or otherwise deteriorate in such a manner as to cause serious injury or damage to person or personalty while on the Parking Easement; and repairing any portion of the improvement on the Parking Easement constructed by, or on behalf of Owner which has fallen, dripped, leaked, corroded or otherwise deteriorated in such a manner as to cause damage to person or personalty on the Parking Easement. It is agreed between the parties, that Atlantic shall pay maintenance and repair costs as described herein except to the extent that such are caused by Owner, Owner's Designees, agents, contractors, employees, or invitees, in which event Owner shall pay within ten (10) days from receipt of an invoice, such costs to Atlantic. To the extent that such maintenance and repair obligations of Atlantic are not properly carried out to such an extent that all or part of the Parking Easement is prevented from being used as a parking area, then, Owner shall be entitled to enter the Parking Easement, perform such maintenance to the Parking Easement, in which event Owner may charge the reasonable costs of such maintenance to Atlantic. In the event that Atlantic does not pay such reasonable costs within thirty (30) days after receipt of Owner's invoice and supporting documentation, Owner may file in the Public Records of Palm Beach County, Florida an affidavit making reference to this paragraph, such affidavit shall be considered a lien for such reasonable costs against the Parking Easement and the Additional Parking Spaces (subject to Building Conditions encroaching thereon) and foreclose such in the same manner as the foreclosure of mortgages. B. In the event of any loss or damage to all or any portion of the Parking Easement (or means of access thereto) due to fire or other casualty, Owner shall, subject to the rights of its mortgagees and lenders, expeditiously restore and rebuild all loss or damage to the Parking Easement (or means of access thereto) resulting from such fire or other casualty. The Parking Easement shall be restored and rebuilt of at least equal quality and substantially the same character as it existed prior to such loss or damage. During such period of rebuilding or restoring, Owner shall designate such other parking lot or spaces for use by Atlantic pending completion of the rebuilding or restoration in the general vicinity of the Property. C To the extent that Owner is delinquent in payment of real estate taxes or hazard insurance then Atlantic shall be al lowed to make such payments and such payments shall also constitute a lien on the Property. Upon the filing of an affidavit making reference to this paragraph, such affidavit shall constitute a lien on the Property in the amount set forth therein 9. At all times, Owner shall not take or permit any action which will result in material interference with, or material restriction of, the use of the Parking Easement or the Alternate Property (as provided herein) as a parking lot by Atlantic or Atlantic's designees without the prior written consent of Atlantic. Further, Owner shall take such reasonable action to ensure the continued use by Atlantic of the Parking Easement or the Alternate Property as applicable. Such obligation shall include, but not be limited to, procuring and paying at all times, all permits, licenses, authorizations and consents and renewals thereof from all appropriate governmental authorities and agencies which may be requi red in connection with the ownership of the Parking Easement and its operation as a parking lot; material compliance with all applicable city, county, state and federal laws, rules, orders, ordinances, material regulations and all lawful orders, rules and requirements of all governmental or quasi- governmental authorities or agencies, and of all municipal departments, bureaus, boards, commissions, companies or other authorities regarding the ownership or use of the Parking Easement; and the payment of all real estate taxes, fees, charges or other payments to ensure the continued ownership and use of the Parking Easement; that no liens or other encumbrance shall be placed against or attached to the Parking Easement which would divest or result in termination of this Agreement; and that the Owner shall not apply for or cause to be effective any zoning amendment or variance to existing zoning ordinances that would prevent or diminish the use of the Parking Easement as a parking lot, Atlantic shall have no obligation to remit payment to Owner as a result of Owner's obligations as set forth herein, unless such was due to the acts or omissions of Atlantic or Atlantic's Designees. 10. Atlantic and its assigns shall have the right to mortgage, pledge or collaterally assign its interest in this Agreement and to assign or pledge the same as security for any debt and all rights acquired by such secured party under any such security instrument in connection with and ancillary to the financing of Atlantic Center (so long as such mortgage, pledge, or collateral assignee agrees to be bound by the terms hereof and obligations and agreements of Atlantic herein). In addition to the specific rights granted to any mortgagee or secured party as contemplated herein, such mortgagee or secured party shall possess all rights of Atlantic under this Agreement and all obligations of Owner to Atlantic shall in ure to the benefit of such 6 14. The relationship between Owner and Atlantic hereunder shall be solely that of owner and easement holder, and nothing herein contained shall be construed as establishing a joint venture, partnership, association, agency or other form of business relationship or render Owner or Atlantic liable for any other debts or obligations or for any act or omission of the other. 15. In any proceeding to interpret or enforce the terms of this Agreement, the prevailing party, including any mortgagee or secured party of Atlantic or Owner, shall be entitled to an award of attorney fees and costs, through all levels of appeal. This Agreement is entered into in the State of Florida and shall be governed by the applicable law of said state. Venue for any litigation shall be Palm Beach County, Florida. 16. The conditions, covenants, and agreements contained in this agreement shall bind and inure to the benefit of Owner and Atlantic and their respective heirs, distributees, mortgagees, successors and assigns. Atlantic acknowledges that Owner may develop the Building as residential condominium units and in that event, the Owner may assign its rights, in whole or in part, and duties hereunder to the condominium association created in connection therewith, in which event such association shall be deemed the successor and assign of the Owner, in which event the Owner shall be released of further obligation hereunder. Atlantic acknowledges and agrees that if Atlantic's and/or its mortgagee(s)' joinder and consent is required to submit the Property to the Declaration of Condominium, Atlantic shall execute (and/or cause to be executed by its mortgagee(s)) and deliver to Owner such recordable joinder and consent as reasonably required by Owner within ten (10) days from receipt thereof. 17. This agreement sets forth the entire understanding between Owner and Atlantic, and shall not be changed, modified, or amended except by an instrument in writing signed by the party against whom the enforcement of any such change, modification, or amendment is sought, and intending to be such a change, modification or amend. Whenever used, the singular and the use of any gender shall include all genders, the headings set forth in this agreement are for ease of reference only, and shall not be interpreted to modify or limit the provisions hereof. 18. If any term, covenant or condition of this agreement or the application thereof to any person or circumstances shal I, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this agreement shall be valid and enforceable to the fullest extent permitted by law so long as the benefits and obi igations of the parties hereto are not materially altered. 19. Owner hereby agrees to indemnify and hold Atlantic and its officers, directors, shareholders, employees, assigns, and related entities, harmless from and against all claims, 8 suits, actions, proceedings, administrative claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses through all levels of appeal), affecting Atlantic or its officers, directors, shareholders, employees, assigns and related entitles, arising in connection with the existing of this Agreement or any breach of the terms of this Agreement, by Owner. 20. Atlantic hereby agrees to indemnify and hold Owner and its officers, directors, shareholders, employees, assigns, and related entities, harmless from and against all claims, suits, actions, proceedings, administrative claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses through all levels of appeal), affecting Owner or its officers, directors, shareholders, employees, assigns and related entitles, arising in connection with the existing of this Agreement or any breach of the terms of this Agreement, by Atlantic. 21. Time is of the essence with respect to the performance of every provision of this agreement in which time of performance is a factor. 22. This Agreement may be terminated or released or amended or modified only with the written consent of Owner, Atlantic and the City, which termination, release, amendment or modification shall be effectuated by a written agreement being recorded among the Public Records of Palm Beach County, Florida. (Signature Page to Follow) 9 IN WITNESS WHEREOF, Owner, Atlantic, and the City have caused this Agreement to be executed as required by law on the day and year first above written. WITNESSES: OWNER: MALLORY DEVELOPMENT, LTD., a Florida limited partnership By: MALLORY DEVELOPMENT, INC., a Florida . corporation, as General Pa~ner Printed Name: ~_/~:-/~.~ ~ ~c~ ' ' ' G Its: Printed Name~ STATE OF FLORIDA ) : SS.: COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this~/~day of ~ALLOR~EVELOPMENT, INC., a Florida corporation, as General Pa~ner on behalf of MALLORY DEVELOPMENT, LTD., a Florida limited pa~nership, who is personally known to me or have produced as identification. ~OIARY PU~ Commission [xpires: - ,-~n. al 1999 (Signature Page to Follow) 10 WITNESSES: ATLANTIC CENTER, LTD., a Florida Limited Partnership ~'~~~,.~ ¢~/--' -¥ '~ "' By: Atlantic Center, Inc., a Florida corporation Printed Name:~fi~--,'-/~J- e Name: ~__..__ _5~ ~'~~0~'~ Its: Printed Name:~ ~~ SIAl[ O[ FkORI~A ) : SS.: COU~IY O[ CAlM B[ACH) clhe foregoing instrument was acknowledged before me this~/~ day of , 1999, by ~~ ff/~~ as ~ ~. of ., a Florida corporation, general pa~ner of AI[A~IIC C[~I[R, klO., a [Iorida limited pa~nership, who is personally known to me or have produced as identification. I ~ ~ ~ cc~s~ OF ~cO MAR~ ,3,1,1999 (Signature Page to Follow) 11 Joined in by the City of Delray Beach for the purposes set forth herein: WITNESSES: CITY OF DELRAY BEACH, FLORIDA By: Printed Name: Jay Alperin, Mayor Printed Name: STATE OF FLORIDA ) : SS.: COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this day of ,1999, by Jay Alperin as Mayor of the City of Delray Beach, Florida corporation, who is personally known to me or have produced as identification. NOTARY PUBLIC Commission Expires: 12 EXHIBIT "A" Lots 14, 15 and 16, and Lot 17 less the South 3 feet thereof, Block 116, Delray Beach (Formerly the Town of Linton), according to the Plat thereof, as recorded in Plat Book 1, Page 3, Sheet 1 of the Public Records of Palm Beach County, Florida. 13 EXHIBIT "B" Lots 9 and 10, less the West 5 feet thereof, Block 116, Delray Beach (Formerly the Town of Linton), according to the Plat thereof, recorded in Plat Book 1, Page 3, Sheet 1 of the Public Records of Palm Beach County, Florida. 14 EXHIBIT "C" Lots 9 and 10, less the West 5 feet thereof; Lots 18 and 19 inclusive; Lot 23, less the West 40 feet thereof and the South 7 feet thereof; and lot 24; less the South 7 feet of all of the previously described property for the East Atlantic Avenue road right-of-way; of Block 116 of Delray Beach (Formerly the Town of Linton), according to the Plat thereof, as recorded in Plat Book 1, at Page 3, of the Public Records of Palm Beach County, Florida. 15 EXHIBIT "D" See the sketch attached hereto, for all spaces designated AC. M:WIsg\Colony Club~Second Parking Easement4-atlantic center parcel.wpd 16 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY F'~AGER~ SUBJECT: AGENDA ITEM ~.~. - REG~ MEETING OF FEBRUARY 2, 1999 RESOLUTION NO. 8-99 (PINEAPPLE GROVE ARTWALK PROJECT) DATE: JANUARY 29, 1999 Lou Waldmann, Project Manager for Pineapple Grove Main Street, requested the attached resolution in support of and endorsing the Pineapple Grove ARTWALK project. An overview of the project is provided along with information on the upcoming Artwalk Swing Gala Dinner/Dance. The City Commission's endorsement through adoption of the resolution will be helpful in terms of public relations and fund raising efforts. Recommend approval of Resolution No. 8-99. ref:agmemoll RESOLUTION NO. 8-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN FURTHER SUPPORT OF THE PINEAPPLE GROVE MAIN STREET NEIGHBORHOOD PLAN BY ENDORSING THE PINEAPPLE GROVE ARTWALK PROJECT. WHEREAS, the City Commission is well versed with the Pineapple Grove Neighborhood Plan and supports the further development of the Pineapple Grove District; and WHEREAS, within the Neighborhood Plan is described the particulars of the Pineapple Grove ARTWALK project; and WHEREAS, the ARTWALK will be an outdoor gallery of the visual arts, including sculptures, murals, obelisks and informational kiosks, scattered throughout the sixty-five plus acres comprising the Pineapple Grove District; and WHEREAS, the ARTWALK outdoor gallery will attract tourists and provide pleasure for both tourists and our citizens; and WHEREAS, the ARTWALK will provide educational opportunities for all, particularly senior citizens and school age children; and WHEREAS, the ARTWALK will provide job opportunities in the areas of, but not limited to, maintenance, clerical, administrative, teaching and security, as well as additional opportunities in retailing, restaurants and entertainment; and WHEREAS, ARTWALK's primary purpose is to entertain, stimulate, educate and provide a means for all to relax and have fun and enjoyment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach wholeheartedly endorses the Pineapple Grove ARTWALK project and encourages all to support this fine endeavor. PASSED AND ADOPTED in regular session on this the 2nd day of February, 1999. ATTEST: ~M~ .... ~ city ~erk - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~.- REGULAR MEETING OF FEBRUARY 2, 1999 CONTRACT ADDITION (C.O. #i)/REPUBLIC CONSTRUCTION & DEVELOPMENT CORPORATION (PUBLIC WORKS STORAGE BINS) DATE: JANUARY 28, 1999 This is before the City Commission to approve a contract addition (C.O. #1) in the amount of $17,476.00 with Republic Construction & Development Corporation under our existing contract for improvements at Pine Grove Park. The additional scope of work involves the reconstruction of the Public Works storage bins for rock, asphalt and gravel. There is some urgency to this project as the existing bins are scheduled for demolition to accommodate the construction of the new fleet maintenance service bay, and the new bins need to be contructed before that can happen. The existing bins are also in very poor condition. When this project was initially bid in January, 1998, Republic Construction was the lowest of five bids at $17,588.00. The initial bid was subsequently rejected due to various delays with the project. Several design changes were also made to further reduce costs. Staff feels that the negotiated price with Republic Construction for the contract addition is fair and reasonable and in line with the scope of work to be performed as compared to the original bid. Recommend approval of the contract addition (C.O. #1) with Republic Construction & Development Corporation for the Public Works storage bins, with funding to come from 334-3351-591-63.22 (General Construction Fund - Fleet Service Bay). ref:agmemol0 Agenda Item No. ~', AGENDA REQUEST Date: January 27, 1999 Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda When: February 2, 1999 Description of item (who, what, where, how much): Attached is an Agenda Request for City Commission approval of a Contract Addition (C.O. #1) to Republic Construction & Development Corporation in the amount of $17,476.00 to the Pine Grove Elementary Park Contract (PN 97-030). C.O. #1 work encompasses the reconstruction of the Public Works Material Storage Bins (PN 93-01). Funding for this work will come from the Fleet Service Bay Acct No. 334-3351-591-63.22. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve a construction contract with Republic Construction and Development Corporatior;r-hp the amount of $17,476.00 for construction of rock, asphalt an~l'~r~vel bins.. Department head signature: (x~('~~- ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review~ed on all items involving expenditure of funds): Funding availabl~ YE:~S/NO __ _ Funding alternative%"-(if applicable): Account No. & De~ription ,J2~- ~ ~,,~/-~5¢/- ~,$, ,~,.~ ~'~',~ ~¢ ,4¢~- Account Balance/~/~/-Z'~_,5/~ ~z.~ .~ //fo~/~',~-~, c~. City Manager Review: ~ c/ Approved for agenda:fE,.~N~ Hold Until: ~ ~/' I Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager Wight,///,,~ . From: Howard Dap Dir Date: January 27, 1999 Subject: AGENDA REQUEST 02/1/99 Public Works Storage Bins Proiect No. 93-001 Attached is an Agenda Request for City Commission approva! of a Contract Addition (C.O. #1) to Republic Construction & Development Corporation in the amount of $17,476.00 to the Pine Grove Elementary Park Contract (PN 97-030). C.O. #1 work encompasses the reconstruction of the Public Works Material Storage Bins (PN 93-01) Due to the anticipated construction of the new Fleet Maintenance Service Bay, the existing rock, asphalt and gravel storage bins will no longer be available since they are within the new building's footprint. In addition, they are severely damaged from years of use. It will be necessary to construct the new ones soon in order that the existing bins can be demolished (or collapse on their own). Republic Construction was the lowest of five bids received January 6, 1998 with a bid of $17,588.00. These bids were ultimately rejected by Commission because of a delay in the Service Bay construction, budget constraints and a decision on the location of the new bins. Subsequent to the rejection several design changes were made to reduce costs. They include reducing the plan size by 20%; specifying a painted finish rather than stucco; downsizing of footer and masonry width; moving the bins to a location where an existing dumpster enclosure is located; and adding a new dumpster pad w/chain link fence enclosure to replace the displaced enclosure. Environmental Services Department staff feel that the negotiated price of $17,476.00 is fair and reasonable for the work to be performed and is commensurate with the modified scope of work as compared with the original bid. Based on this and the urgency for the new bins to be completed for use we recommend that this Contract Addition to Republic be awarded. Funding for this work will come from the Fleet Service Bay Acct No. 334-3351-591- 63.22. cc: Dick Hasko Bob Barcinski File 93-001 (A) s\...\9301\agmem120 48. i 12' 12' _, _ 12' , 12' i _o_, j_ /___ I I I I II I I II I I II I I I I I II I II1'1 II IIIIIIIII '>1 -I~ ---~o I-I [_,. o.,,,.~1 -I~ -] -I I- ' I-II I~Zl I-Io_ I-I ' ~iJOINT i-I Iii Iii Ii~ I- _,- ,t' :,_ _ -'1 i- I-I , I' "'<'~'> I-I I I-I - <~:il t I I-I I: -. · t. ',,, I '- PLAN VIEW N.T.S. t~5 CONTINUOUS --~ 8" CAP ,I. 11 CLEAR I CLEAR NOTE: BLOCK suRFACE TO BE PAINTED BOTH SIDES W/2 COATS PRIMER/SEALER COLOR TO MATCH ADJACENT BUILDINGS. ': TYPICAL~: CONTINUOUS' .'"'".," · WALL & FOO~NG~DETAIL CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 97-30 DATE: PROJECT TITLE: Pine Grove Park TO CONTRACTOR: Republic Construction and Development Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIFULATIONS AND COVENANTS. JUSTIFICATION: Construct Public Works Material Storage Bins per attached proposal dated 1/7/98 and in accordance with plans sheets 1-2 dated 12/28/98 by ESD Engineering rifled "Public Works Storage Bins". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $169,199.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $169,199.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 17,476.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $186,675.00 PER CENT INCREASE THIS CHANGE ORDER 10.3% TOTAL PER CENT INCREASE TO DATE 10.3% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Republice Construction and Development Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Deparm~ent 334-3351-591-63.22 (Fleet Service Bay) DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmenatl Servicesa Mayor ATTEST: APPROVED: By: City Attorney City Clerk 2:87 ?~ REPUBLIC COHSTRUCTIOM PAX HO, {07+2{8+8088 P, 2 PROPOSAL REPUBLIC CONSTRUCTION & DEVELOPMENT CORP. 1300 NW !7th Avenue Suite DELRAY BEACH, FLORIDA (561) 243-8330 FAX (561) 243-8039 ~HO~E TO: City Of Delray Beach 243-7322 I 1/7/99 EnviroD/~ental Services Department JOSNAMS/LOGA/ION 434 South Swinton Avenue Public Works Storage Bin Delray Beach FL. 33444 Project Nun%be~ 93-001 JOe NUMSER ~lJO~ PH0~' i;:~~{'§~',~-~if~A¥~,~h%',~.,~,~'~.~/~{i!~..~,~rj,,,,!,:,.!,~:.; ,..'..';..,: .-.;, :,., ....:.. ; ; ..-~>,. , p,:','v!~}:':;'~:,:~'~,;~'~ ~ ' ....... , ,, , ,,, , , .... .*,.., , .. ' ' * ' ' "."' ">;'. -:.'.'~':'"-_~ "-;~'.:/-4~ Supply materials, labor, equipment, Bond, and supervision for the construction of sEo~age bins and dumpster pad to include the following: Plans by Environmensal Service~ Department, sheets: Cover sheet, page ! & 2 of 2, dated 12/28/98. Including new 6' chain link fence with green slat inserts in lieu of wood fence. Total Base Bid: 17,476.00 2. Removal of concrete slabs. ~ /' /' and~mpact~co 3. Fill if required (Dump at sit~ only), We grade . 4. Soil engineering/testing, concrete testing (G.C. coordinate only) 5. Permit fees waived. Propose hereby to furnish material and labo~ ~ complete in accordance with the above specifications, for the sum o1': dollars ($ ). Paymem to be made as follows: as pe~ City Contracts manner ac. cording to slanda~d practices, Any alteration or d~l~on t~ a~ve spedfica- Authodz~ tt~s Inv~ng e~m ~t8 will ~ ex~ute~ ~ u~n wdM~ orders, a~ w~l bede an SIg~tum extra cha~e ~er and a~ve t~ estima~. ~1 agree~n~s ~tl~l u~ sld~s, a~id~ or de~a~ ~ our cmtrol. ~r Io car~ tim, torna~, and olhar ne~ ~ur~e. Note: This proposal may be Our wo~em are ~1~ ~vered by ~er's ~pensal[~ insum~, wRhdrAwn by us i~ nol acoepted wi~in 3 0 days, Acceptance of Proposal -- r~ ~o~ .~i~.~, .p~,~,o.~ ~ condiOo~ am sa[Is~ac[o~ and are hereby e~ep{~_ You are aulhoflzed tO ~ lbo ~ Signature ~s ~peci(~, Paymenl w~ll be mede ~ oulllned able. Signature Date 0f ~eptan~: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg~AGER~ SUBJECT: AGENDA ITEM~ -~REGULAR MEETING OF FEBRUARY 2, 1999 CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/REPUBLIC CONSTRUCTION & DEVELOPMENT CORP. (RECORDS STORAGE WAREHOUSE) DATE: JANUARY 29, 1999 This is before the City Commission to approve closeout Change Order #1 in the amount of $332.42 with Republic Construction & Development Corp. related to the construction of interior improvements at the records storage warehouse. The change order reflects several modifications requested by the Clerk's office and one unforeseen condition with respect to the tie-in for sanitary service. Final payment in the amount of $12,114.62 is also requested. The project is complete and all warranty documentation received. Funding is from 334-6112-519-62.24 (General Construction Fund - Records Storage Warehouse). Recommend approval of closeout Change Order #1 and final payment to Republic Construction & Development Corp. for completion of the Records Storage Warehouse project. ref:agmemo7 Agenda Item No. ~" AGENDA REQUEST Date: January 27, 1999 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: February 02, 1999 Description of item (who, what, where, how much): Staff request the City Commission approve a net add Change Order #1/Final in the amount of $332.42, and a final payment in the amount of $12,114.62, to the construction contract with Republic Construction & Development Corp. for the construction of interior improvements at the Records Storage Warehouse. Funding is available from the General Construction Fund / Renovate Records Storage Building account No. 334-6112-519-62.24. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Change Order #1/Final and Final Payment, to the construct?ti~ contract with Republi, j.i~Construction & Development Corp., for the construction of interi°r inp~3,~..en.~/~tic~)Rec/°~/~l(~ S~l)rage Warehouse. Department head signature: ~,~ ~..(~./A~_~. ~ (-'Z~ ~'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re~j~d on all items involving expenditure of funds): Funding available: E~E.~NO Funding alternatives (if applicable): Account No. & Description 334-6112-519-62.24; Gen. Cnstrctn Fund/Records Stora.qe Account Balance City Manager Review: Approved for agenda: {~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...~97022~agmq020299 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager .. From: Victor Maiteny!~ Assistant Construction Manager Date: January 27, 1999 Subject: AGENDA REQUEST for 02/02/99 Records Storage Warehouse; Change Order #1/Final Payment Project No. 97-022 Attached is an Agenda Request for City Commission to approve a net add Change Order #1 in the amount of $332.42, and a final payment in the amount of $12,114.62 to Republic Construction & Development Corporation for the completion of the Records Storage Warehouse project. The project consisted of building an office area and a restroom at the existing records storage facility. The contract award of $20,460.00 for this project included a contingency allowance of $1,500.00. At the owner's request, several modifications were implemented and one unforeseen condition encountered. The following is a brief description of each item: 1). A 3'x 3' office window panel was installed in an interior wall. $400.00 2). Six (6) fluorescent light fixtures were removed from the Park Department's Lounge and relocated to the records warehouse. $600.00 3). The existing microfilm room was painted to match the newly constructed areas. $250.00 4). Carpeting was requested in-lieu of vinyl floor tile in the office areas. Since the carpet was already ordered at the time of revision, this credit represents the net difference after a material re-stocking fee. $(91.00) 5). The tie-in for the new sanitary service was actually 40ft farther and much deeper than indicated on the civil plans. This cost represents the additional material and labor expended. $673.42 Total Changes $1,832.42 less allowance $1,500.00 Net Add Change Order $332.42 Records Storage Warehouse Change Order # 1/Final, Agenda Request Memo 1 of 2 The project is complete and all warranty documentation received. Sta~ recommends the City Commission approve Change Order #`11Final in the amount of $332.42 and final payment in the amount of $`12,1'14.62 to Republic Construction & Development Corp. for the completion of the Records Storage Warehouse project. Funding is available from account 334-6112-519-62.24, General Construction Fund/ Renovate Records Storage Building. cc: Barbara Garito; Deputy City Clerk Richard Hasko; Director of E.S.D. Howard Wight, Deputy Director of Construction File 97-022 (A) s\...\97022~agrnem020299 Records Storage Warehouse Change Order # 1/Final, Agenda Request Memo 2 of 2 CiTY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. One (1) PROJECT NO. 97-022 DATE: January 27, 1999 PROJECT TITLE: Records Stora.qe Warehouse TO CONTRACTOR: Republic Construction & Development Corp. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide all labor, material, and equipment necessary for the construction of vadous revisions to the plans and specifications to the Records Storage Warehouse Project as outlined in Exhibit "A" attached. Contract Contingency Allowance ........ ($1,500.00) Plus net add of items #1 through ~5 per attached Exhibit "A". ......... $1,832.42 Net Add Amount ......... $332.42) SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $20,460.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER .... $20,460.00 COST OF CONSTRUCTION CHANGES THIS ORDER $332.42 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $20,792.42 PER CENT INCREASE THIS CHANGE ORDER 1.6 % TOTAL PER CENT INCREASE TO DATE 1.6 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, O CALENDAR DAYS. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the odginal work contracted for under benefit of competitive bidding. CONTRACTOR SIGNATURE (ARCHITECT) (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 33-6112-519-62.24 DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR MAYOR A-I-rEST: APPROVED: By: CITY ATTORNEY CITY CLERK s:\...\97022\cnstrctn\co 1 .doc Records Storage Warehouse Change Order #1/Final Owner Unforeseen A/E Design Requested Item # Description Conditions Revisions Revisions 1 Furnish and install 3'x3' o~ce window. $ 400.00 2 Relocate six (6) existing flourescent light $ 60O.OO fixtures from Parks Employee Lounge to Records Storage. 3 Paint south o~ce (microfilm room). $ 250.00 4 Deduct for vinyl flooring in o~ce; owner $ (91.00) requested carpeting installed by seperate vendor. 5 Cost to connect new restroom service to $ 673.42 existing sanitary sewer an additional 40 feet away from planned connection. Pending Change Orders $ 673.42 $ $ 1,159.00 Total of Pending Changes $ 1,832.42 Less - Contract Allowance $ 1,500.00 Total Changes $ 332.42 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~.~ - REGULAR MEETING OF FEBRUARY 2, 1999 CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/ARBOR TREE AND LANDSCAPE CO., INC. (SHADYWOODS SWALE PROJECT) DATE: JANUARY 28, 1999 This is before the City Commission to approve closeout Change Order #1 in the net deduct amount of $6,220.53 with Arbor Tree and Landscape Co., Inc. for the final plus/minus quantity adjustments on the Shadywoods roadside swale project. Final payment in the amount of $1,165.14 is also requested. The project is complete and has been accepted by staff. Funding is from 448-5411-538-63.66 (Stormwater Utility - Shadywoods Drainage). Recommend approval of closeout Change Order #1 and final payment to Arbor Tree and Landscape Co., Inc. for the Shadywoods Roadside Swale Project. ref:agmemo9 Agenda Item No.: AGENDA REQUEST Date: January 27, 1999 Request to be placed on: X Regular Agenda ~. Special Agenda ~ Workshop Agenda When: February 2, 1999 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Arbor Tree and Landscape Co., Inc.. on the above referenced Project. It is for the final plus/minus quantity adjustments. Change Order #1 is a net deduct amount of $6,220.53 A request is also made for final payment in the amount of $1,165.14 to Arbor Tree and Landscape Co., Inc. A Contractor Evaluation form is attached for your review. Funding Source is 448-5411-538-63.(~ (Shadywoods Drainage). ORDINANCE/RESOLUTION REQUIRED: YES?DRAFT A'FI'ACHED YES~ Recommendation: Staff Racom. re.ends approval of Ch~'~ Order #1, Final and Final Payment to Arbor Tree and Landscape Co., Inc. f ] ~ .~ [ -/I ~ ~ [ I) I~ ILl / Department Head Signature: i~~t~/~ .~ -7__~-~',~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review/{r.e~l~ired on all items involving expenditure of funds): Funding availablel~YE~/NO Funding alternativeff'~ (~f applicable) Account No. & Description,~-,~,?' Account Balancev~,c~, City Manager Review: Approved for agenda:{~NOHold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen98.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Director of Constr~jc4/~ Date: January 27, 1999 Re: Shadywoods Roadside Swale Project (Project 98-35) Final Deduct Change Order and Final Payment) Attached for Commission approval is an agenda request for closeout Change Order #1 to Arbor Tree and Landscape Co., Inc.. on the above referenced Project. It is for the final plus/minus quantity adjustments. Change Order #1 is a net deduct amount of $6,220.53 A request is also made for final payment in the amount of $1,165.14 to Arbor Tree and Landscape Co., Inc.. A Contractor Evaluation form is attached for your review. Funding Source is 448-5411-538-63.E,0' (Shadywoods Drainage). 98-35A CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 98-35 DATE: PROJECT TITLE: Shadywoods Roadside Swale Project TO CONTRACTOR: Arbor Tree and Landscape Co., Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provid Final plus/minus quantity adjustments and miscelaneous changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 64,477.50 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 64,477.50 COST OF CONSTRUCTION CHANGES THIS ORDER -$ 6,220.53 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 58,256.97 PER CENT DECREASE THIS CHANGE ORDER 9.6% TOTAL PER CENT INCREASE TO DATE 9.6% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Arbor Tree and Landscape Co., Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source is 448-5411-538-63. ~6~(Shadywoods Drainage) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2xlAGER~ SUBJECT: . 0- REGULAR MEETING OF FEBRUARY 2, 1999 RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: JANUARY 29, 1999 The terms for Robin Bird, Howard Ellingsworth and Frank Wheat on the Parking Management Advisory Board expired on January 31, 1999. Mr. Bird is the Planning and Zoning Board's representative to the parking board. Mr. Ellingsworth represents the Community Redevelopment Agency, and Mr. Wheat represents the Downtown Development Authority. Mr. Bird and Mr. Ellingsworth were appointed to their initial one year terms in January, 1998, with the creation of the Parking Management Board as a formal advisory body to the City Commission. Mr. Wheat was appointed by the DDA to fill the unexpired term created by Meg Eaton's departure. All three of these gentlemen are eligible and have been reappointed to the Parking Management Advisory Board as the representative for their respective boards. The term is for two years, ending January 31, 2001. Recommend ratification of the reappointments of Robin Bird (Planning and Zoning Board representative), Howard Ellingsworth (CRA representative), and Frank Wheat (DDA representative) to the Parking Management Advisory Board. ref:agmemol8 PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: PAT WARREN, BOARD LIAISON FROM: DIANE DOMINGUEZ, P& Z DIRECTOR",~~ DATE: JANUARY 26, 1999 SUBJECT: P & Z APPOINTMENT TO THE PMAB At last night's Planning and Zoning Board meeting, the Board voted unanimously to reappoint Robin Bird to the Parking Management Advisory Board. Community Redevelopment Agency Delray Beach January 8, 1999 Mr. Robert Baxcinski Assistant City Manager City of Delray Beach 100 NW 1 ~ Avenue Delray Beach, FL 33444 RE: Reappointment to Parking Management Advisory Board Dear Bob: The CRA Board of Commissioners reappointed Howard Ellingsworth to the Parking Management Advisory Board at their regular meeting on December 17, 1998. If you would like a copy of the minutes for your file, please let me know. Sincerely, Diane Hervey Assistant to the Director /d 24 N, Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 DOWNTOWN DEVELOPMENT AUTHORITY City Of Delray Beach, Florida RECEIVED JIIN 2 2 1999 January 21,1999 Mayor Jay Alpedn City of Delray Beach 100 N.W. 1'*Avenue Delray Beach, FL 33444 Dear Mayor Alpedn: This is to advise that the Downtown Development Authority at its Board meeting of January 20, 1999 unanimously appointed Frank Wheat to serve as the Downtown Development Authority liaison to the Parking Management Advisory Board. Sincerely, MICHAEL LISTICK, Chairman Downtown Development Authority /sk cc: ' RobertA.,Barcinski, Assistant City Manager;Z ~la/~f~nJien; Chair, PMAB' ' DDA Board Members .C)EL ~Y, BE~fH, A Florida Main Street Community MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~ SUBJECT: AGENDA ITEM ~.H.- REGULAR MEETING OF FEBRUARY 2, 1999 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JANUARY 28, 1999 Attached is the Report of Appealable Land Use Items for the period January 19th through January 29, 1999. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. ref:apagmemo TO: DAVID T. HARDEN, CiTY MANAGER l,~' THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZO G..,, FROM: JASMIN ALLEN, PLANNER/~./.~.j~ ~ SUBJECT: MEETING OF FEBRUARY 2/'1999 CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JANUARY 19, 1999 THRU JANUARY 29, 1999 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 19, 1999 through January 29, 1999. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides 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: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. · Recommended approval (7 to 0), of a city initiated rezoning from R-l-AA (Single Family Residential) to CF (Community Facilities) for a portion of St. Vincent Ferrer Church property, located 480 feet south of George Bush th Boulevard, between NE 8 Avenue and Palm Trail. City Commission Documentation Appealable Items Meeting of February 2, 1999 Page 2 · Recommended approval (7 to 0) with conditions, of a conditional use request to allow the establishment of a billiards facility for Shootersville Billiards within Lake Ida Plaza, located at the southwest corner of Lake Ida Road and Congress Avenue. Recommended approval (7 to 0), of a Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) to CF-P (Community Facilities-Public Buildings) and rezoning from R-I-A (Single Family Residential) to CF (Community Facilities) for a parcel of land located on the east side of SW 2nd Avenue, between SW 6th and SW 7th Streets, associated with the expansion of the City's Water Treatment facility. · Recommended approval (7 to 0) with conditions, of a request for street closure of SW 2nd Street, between SW 6th and 7th Streets, associated with the expansion of the City's Water Treatment facility. A. Approved (6 to 0, Smith absent), a request for a color change for Midas Muffler, located at the southeast corner of NE 6th Avenue (Northbound Federal Highway) and NE 4th Street. B. Approved (6 to 0), a request for architectural elevation change associated with the installation of an awning and walk-in coolers for Collucci's Attic, located within the Lake Ida Shopping Plaza at the southwest corner of Lake Ida Road and Congress Avenue. C. Approved with conditions (6 to 0), a Class II site plan modification, landscape plan and architectural elevation plan associated with the conversion of an existing retail establishment to office for Apple Professional Center (fka The Apple Shop), located at the southwest corner of NE 3rd Street and Pineapple Grove Way. Concurrently, the Board approved a waiver request eliminating the landscape buffer along the north property line adjacent to the proposed parking area. D. Approved with conditions (6 to 0), the landscape plan for Portofino Square, a 10,365 sq. ft. commercial building to be located on the east side of SE 6th Avenue (northbound Federal Highway), approximately 180' feet north of SE 10th Street. The site plan and architectural elevation plan were previously approved. E. Approved with conditions (5 to 0, Shutt left the meeting) a Class IV site plan modification, landscape plan and architectural elevation for Abbey Delray, located at the southwest corner of Congress Avenue and Lowson Boulevard. City Commission Documentation Appealable Items Meeting of February 2, 1999 Page 3 The development proposal involves the demolition of the existing 30,000 sq. ft. 100-bed convalescent center and reconstruction of a 67,500 sq. ft. 114-bed convalescent center. F. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan for Callaway Commercial Building, located at the southwest corner of McNab Avenue and West Atlantic Avenue. Concurrently, the Board granted relief to allow the orientation of overhead doors toward McNab Avenue. 1. Approved (6 to 0, Turner stepped down), a request for a Certificate of Appropriateness for the demolition of a four-unit apartment building located at 115 SW Ist Avenue. The structure is proposed to be converted to 6 hotel units associated with the Sundy Inn and will be reconstructed from the foundation up. 2. Approved (7 to 0), a request for a Certificate of Appropriateness to allow the installation of awnings on the second floor at the Anchorage Condominium, located at 60 Marine Way. Other Items: · The Board agreed to set a public hearing date of February 3, 1999, to review the Vista Del Mar Designation Report. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF FEBRUARY 2, 1999 L-30 CANAL o E:Z ''J ~ ac LAKE IDA ROAD ~ ATLANTIC iJ L ..... _i LOWSON BOULEVARD '"" LINTON BOULEVARD i i ~ L ..... J o ~5 ' L-58 CANAL C-15 CANAL cm ,iM,TS ........... S.P.R.A.B.' H.P.B.: A. - MIDAS MUFFLER 1. - SUNDY INN B. - COLUCCI'S ATTIC (11.5 S.W. 1ST AVENUE) ~ 1 MILE I C. - APPLE PROFESSIONAL CENTER 2. - ANCHORAGE CONDOMINIUM t D. - PORTOFINO SQUARE (60 MARINE WAY) SCALE E. - ABBEY DELRAY LIFE CARE COMMUNITY F. - CALLAWAY COMMERCIAL BUILDING N CITY OF DELRAY BEACH, FL PLANNING A- ZONING DEPARTMENT -- OIG/TAI 8,45E' t,4,4P SYST£M -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/ SUBJECT: AGENDA ITEM ~.l~_ REGULAR MEETING OF FEBRUARY 2, 1999 AWARD OF BIDS AND CONTRACTS DATE: JANUARY 29, 1999 This is before the City Commission to approve the award of the following bids and contracts: (1) Contract award in the amount of $77,609.00 to Telcon, Inc., lowest responsive bidder, for the East George Bush Boulevard Drainage Improvements project (A1A to Andrews Avenue), with funding from 448-5411-538-63.68 (Stormwater Utility - East George Bush Boulevard). (2) Contract award in the amount of $275,772.50 to Chaz Equipment Company, Inc., lowest responsive bidder, for the Dotterel Road reconstruction project, with funding in the amount of $15,235.00 from 442-5178-536-61.78 (W&S Renewal & Replacement - Water Distribution Improvements); $82,150.00 from 442-5178-536-63.51 (Sewer Main Rehabilitation); and $178,387.50 from 448-5411-538-63.70 (Stormwater Utility - Dotterel Road). (3) Bid award in the amount of $15,950.00 to V.I.P. Painting, Inc., lowest responsive bidder, for the painting of window sills, frames, face trim and down spouts at Old School Square, with funding from 334-6112-519-46.10 (General Construction Fund - Building Maintenance). (4) Purchase award in the total amount of $16,226.59 to Hector Turf, via GSA Contract, for the purchase of one Toro Greensmaster 3100 Triples Mower and accessories for use at the Lakeview Golf Course, with funding from 446-4761-572- 64.90 (Lakeview Golf Course - Other Machinery/Equipment). (5) Bid award in the amount of $45,104.00 to Kuhn Carpet & Tile, lowest responsive bidder, for carpeting of the City Hall North Wing (Community Improvement/Planning & Zoning, City Clerk, Mayor's office and Publications Editor), with funding from 334-6112-519-46.10 (General Construction Fund - Building Maintenance). Recommend approval of the bid and contract awards listed above. ref:agmemo8 Agenda Item No.: E..Z./. AGENDA REQUEST DATE: January 25, 1999 Request to be placed on: x Regular Agenda ~ Special Agenda __ Workshop Agenda When: February 2, 1999 Description of item (who, what, where, how much) Award of the contract to Telcon., Inc. in the amount of $77,609.00 for the East George Bush Boulevard Drainage improvements, Project #98-002. The funding for this project will be provided from the following account: Fundinq Source Account Number Amount Drainage 448-5411-538-63.68 $77,609.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFTA'FI'ACHED ~'ES/NO Recommendation: Staff recommends award of Project No. 98-002, East George Bush Boulevard Drainage Improvements to Telcon, Inc. with ~,1~ in the a~l~nt of $77,609/90~ Department Head ~~ ,~ Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available~NO Funding alternatives (if applicable) Account No. & Description ~z~'- ~---z~//.~--$~ _ ~3, ~,~' /~o~-,~ ~U.3 ~ ~/#C~ ~', Account Balance ~,,~,, City Manager Review: Approved for agenda: ~qO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 98-084(A) projects/98-084/cont ract/agenda .doc DEPARTMENT OF ENVIRONMENTAL SERV, ICES MEMORANDUM TO: David T. Harden, City Manager THRU: Randal Krejcarek, P.E. City Engineer FROM: William A Grieve, Civil Engineer DATE: January 27, 1999 SUBJECT: EAST GEORGE BUSH BOULEVARD DRAINAGE IMPROVEMENTS PROJECT #98-002 Attached is the agenda request for Commission to award the East George Bush Boulevard Drainage Improvements contract. Constructing approximately 155 linear feet of new 15 inch concrete drainage pipe, 55 linear feet of new 18 inch exfiltration trench and 255 linear feet of new 24 inch exfiltration trench, including 100 linear feet of valley gutters and eight (8) Type "C" inlets. Construction also includes restoration of asphalt paving, pavement marking, sod, trees, shrubs, fences, signs, and replacement of wheel stops. The apparent Iow bidder was ARZ Builders, Inc. with a bid of $69,935.00. Due to the City's past experience with the bidder (Pine Apple Grove) and the fact the last project of this nature ARZ Builders completed was Pine Apple Grove, which was completed seven years ago, ARZ's Bid was determined to be non-responsive. Additionally, per section 10.4 of the City's Instruction to Bidders, "No more than 40% of the dollar value of the total contract work may be accomplished by subcontractors." It is ARZ's intent to sublet the drainage work. The drainage work accounts for more than 40% of the total contract work and therefore, ARZ does not conform to the specifications. Attached is the bid tabulation for the referenced project. The lowest responsible, responsive bidder for this project was Telcon, Inc. with a bid of $77,609.00. Funding Source Account Number Amount Drainage 448-5411-538-63.68 $77,609.00 If acceptable, please place this item on the February 2, 1999 Commission meeting for Commission approval. Attachment cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file: 98-002 (A) file: slengadmin198198-OO21contractlagmemo, doc ~0~0~0~~ ~o8o888o8~oo8o City of Delray Beach .... ~- Budget Transfer Form (1) Departmental Line Transfer (2) Date ~NF~ 1/25/99 (3) Interfund/Interdepartmental Transfer (4) Batch Number (5) Requested By: William Grieye, Ci.vil Engineer PROJECT # , (6) ACCOUNT NUMBER ,(7) DESCRIPTION i(8) TRANSFER OUT !9), TRANSFER IN ~ 448-5461-538-63.90 Other Improvements $ 5,000.00 98-002 448-5411-538-63.68 East George Bush Blvd. $ 5,000.00 (10) TOTAL $ 5,000.00 $ 5,000.00 JUSTIF/CATION: To cover funding for drainage on East George Bush Blvd. ;Department Hea ~ Asst City Manager 'Finance Direct°r~"'""~L~'/,/~ ! !~'~ !~q- '. City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT Agenda Item No.:~"~. AGENDA REQUEST DATE: January 27, 1999 Request to be placed on: x Regular Agenda ~ Special Agenda ~ Workshop Agenda When: February 2, 1999 Description of item (who, what, where, how much) Award of the contract to Chaz Equipment Company, Inc. in the amount of $275,772.50 for the Dotterel Road Reconstruction, Project #95-033. The funding for this project will be provided from the following account: Fundinq Soume Account Number Amount Water 442-5178-536-61.78 $15,235.00 Sewer 442-5178-536-63.51 $82,150.00 Drainage 448-5411-538-63.70 $178,387.50 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of P~ct No. 95-033, Dotterel Road Reconstruction to Chaz Equipment Compa~/T-ll~c. with a bid in the am(~nt oil $275,772.50. Department Head ' /'- '~~ D ~"~/ I '~'/? Signature: ~~ ~- ~ Determination of Consistency with Comprehensive Plan: Ci~ AEorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~0 Funding alternative~~ (if applicable) Account No. & Description~ ~ Account Balance .~ Ci~ Manager Review: ~NO ~ ~.~/~ ~D~ ~/, ApprovedHold Until: for agenda: Received: Coordinator Review: Agenda Placed on Agenda: Action: Approved/Disapproved file 95-033(A) DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden, City Manager /)/f~ , ~ THRU: Randal Krejcarek, P.E. City Engineer/~ ~.~,~,'~ FROM: William A Grieve, Civil Engineer L,~C[ ~ DATE: January 27, 1999 SUBJECT: DOTTEREL ROAD RECONSTRUCTION PROJECT #95-033 Attached is the agenda request for Commission to award the Dotterel Road Reconstruction contract. The work generally consists of the following: reconstruction of Dotterel Road between Lindell Boulevard and the dead-end to the east. Road reconstruction includes removing existing pavement and scarifying base, installation of limerock base, geogrid, and asphalt wearing surface. This project also includes the construction of approximately 120 linear feet of 18" R.C.P., 370 linear feet of 24" R.C.P. and 55 linear feet of 24" C.M.P. drainage pipe. The drainage construction also includes installing nine (9) drainage structures. The project also involves installing concrete sidewalk, reconstructing sanitary laterals, relocating a fire hydrant assembly, swale grading, and sodding, maintenance of traffic, pavement markings, and cleaning and grubbing. Attached is the bid tabulation for the referenced project. The lowest responsible, responsive bidder for this project was Chaz Equipment Company, Inc. with a bid of $275,772.50. Funding Source Account Number Amount Water 442-5178-536-61.78 $15,235.00 Sewer 442-5178-536-63.51 $82,150.00 Drainage 448-5411-538-63.70 $178,387.50 If acceptable, please place this item on the February 2, 1999 Commission meeting for Commission approval. Attachment cc: Richard Hasko, P.E., Director of Env. Svcs. Dan Beatty, P.E., Deputy Dir. of Public Utilities Joseph Safford, Finance Director file: 95-033 (A) file : slengad min195195-O331contract/agmemo, doc --Od~dd~d~dd~d~dddddd~d~ddd ,~ ~ 0~00~0~0~0~0000000000000 ~00~00~~0 ~00000000000000 o ooooooooooooooooosoo o =~ooooo0oooooo~oooooo88o ~Odddd~dddd~do~dddddd~ddddddN ~0000~0 ~~0~0000~00000 ~ E~OOOO~OOO~OO~OOOOOOOOOOOOO ~ooooo~o~~o~ooooooooooooo ~ ~ ~Ooooooo0o0oooooooooo0oooooo ~ ~ O00000000000000000000000000 0 e[dddddddd:ddddddddddd~dddddd~ 0 ~ ~ ~000000000~0~000000~00000~ ~ · ' ~00000000000000000000000000 ~ ~ ~00000000000~000000000000000 = m ~[ oooooooOo ~0~0~ -- Agenda Item NO.: ~--~ AGENDA REQUEST Date: January 26, 1999 Request to be placed on: Consent XX ~~ Agenda Special Agenda Workshop Agenda When: February 02. 1999 Description of agenda item (who, what, where, how much): Bid Award - Bid #99-04 - Painting of window sills~ frames~ face trim and down spouts at 01d School Square. Award to iow b~dder. V.I.P. Pa~ntinE Inc. for a total amount of $15,950~. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to V.I.P. Painting Inc for painting at 01d School Square for a total amount of $15,950, . Funding from account code 334-6112-519-46.10 Department Head Signature:~'~~-- ~ ~.~ ~' Determination of Consistency ~ith/~omprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~_ Funding available:~ ~ Funding alternativesi .- (if applicable) /\/~AAccount No. & Des~cr~iption:' Account Balance: City Manager Review: ApprovedHold Until for: agenda:~/ NO ~enda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph ance Director DATE: January 26, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING FEBRUARY 02, 1999 - BID AWARD - BID #99-04 PAINTING OF OLD SCHOOL SQUARE Item Before Commission: City Commission is requested to award to low responsive bidder, V.I.P. Painting Inc., for the painting of window sills, frames, face trim, and down spouts at Old School Square at a total cost of $15,950. Background: Bids were received on December 18, 1998, from eight (8) vendors all in accordance with City purchasing policies. (Bid #99-04. Documents on file in the Purchasing Office). A tabulation of bids is attached for your review. The Deputy Director of Public Works has reviewed the bids received and recommends award to the Iow responsive bidder, V.I.P. Painting, Inc. for $15,500 as their base bid price and an additional $450 for painting the down spouts for a total bid amount of $15,950. See attached memo dated January 21, 1999. Recommendation: Staff recommends award to low bidder, V.I.P. Painting, Inc. at total cost of $15,950 for painting at Old School Square. Funding from account code 334-6112-519-46.10. Attachments: Tabulations of Bids Award Recommendation Memo Dated 01/21/99 cc: Robert Barcinski, Asst. City Manager MEMORANDUM ~. To: Hoyt Owens, Deputy Director of Public W~orky _\/ From: Jim Schmitz, Superintendent Building ~ance Date: January 11, 1999 FIL £ 0P¥ Subject: Bids # 99-04 and # 99-05 I have reviewed the attached Bids for carpeting at City Hall and for painting at Old School Square. We have used Kuhn Carpet & Tile in the past and have been pleased with their performance. Based on this and their low bid, I would recommend awarding the carpet replacement to them. As far as Old School Square goes, I am concerned with the attached bid tabulations. There are eight bids. Low bid is $15,500. with a $ 450. add on for a total of $15,950. and the high bid is $ 42,642.82, with six other contractors in between. The low bid breaks out a $ 450.00 charge to paint the down spouts which would make his quote $15,950. (still the lowest bid.) I see nothing in the attached documentation that would disqualify this low bid. Based on that alone I would recommend awarding the job to V.I.P. Painting for $15,950. If you have any questions please call me. TABULATION OF BIDS BID #99-04 "OLD SCHOOL SQUARE" PAINTING OF WINDOW SILLS, FRAMES, AND FACE TRIM DECEMBER 18, 1998 PAGE 1 VENDOR NAME V.I.P. ' SHEERSON PRIME PAINTING INC. CONSTRUCTION PAINTING INC. TOTAL LUMP SUM FOR PAINTING OF OLD SCHOOL $15,500.00 $16,218.00 $ 22,980.00 SQUARE (TWO BUILDINGS) BRAND/MODEL GLIDDEN SPRED GLIDDEN PAINTS PORTER EQUAL NUMBER OF ULTRA EXTR. AS SPECIFIED TO OR BETTER PAINT FLAT LATEX THAN TO BE USED #6500 SERIES SPECIFIED GLOSS #6600 SERIES WARRANTY GLIDDEN THREE SAME AS YEARS SPECS. OR EQUAL ESTIMATED TIME 6 WEEKS 45 DAYS 45 TO 60 FRAME FOR DAYS COMPLETITION AFTER NOTICE TO PROCEED DEVIATIONS DOORS AND N/A NONE OTHER FROM MUSEUM THAN PRODUCT SPECIFICATIONS CANOPY IF APPLICABLE CEILINGS ARE INCLUDED IN BASE BID. IF BROWN DOWN SPOUTS ARE TO BE PAINTED - ADD $450.00 TABULATION OF BIDS BID #99-04 "OLD SCHOOL SQUARE" PAINTING OF WINDOW SILLS, FRAMES, AND FACE TRIM DECEMBER 18, 1998 PAGE 2 VENDOR NAME JAM-ROCK SOUTH COAST COMPLETE INC. PAINTING QUALITY & WATERPROOFING PAINTING INC. TOTAL LUMP SUM FOR PAINTING OF OLD SCHOOL $ 24,062.50 $ 28,900.00 $ 34,950.00 SQUARE (TWO BUILDINGS) BRAND/MODEL GLIDDEN UCI #3-140; BENJAMIN MOORE NUMBER OF #6600 AND UCI #50-100; EXTERIOR # 105 PAINT #6500 UCI #51-100 AND IMPERVEX TO BE USED ENAMEL #309 WARRANTY FIVE N/A SEVEN YEARS YEARS ESTIMATED TIME 30 DAYS APPROX. 3-1/2 TO 60 - 75 DAYS FRAME FOR 4 WEEKS COMPLETITION AFTER NOTICE TO PROCEED DEVIATIONS DEVIATIONS AS TO 7 YEAR NON-PRO FROM BRAND OF PAINT RATED LABOR & SPECIFICATIONS WHICH IS EQUAL TO MATERIAL IF APPLICABLE OR BETTER THAN WARRANTY FROM GLDDEN BENJAMIN MOORE PAINT COMPANY TABULATION OF BIDS BID #99-04 "OLD SCHOOL SQUARE" PAINTING OF WINDOW SILLS, FRAMES, AND FACE TRIM DECEMBER 18, 1998 PAGE 3 VENDOR NAME A-1 PAINT INC. DAKOTA OF PALM BEACH CONSTRUCTION TOTAL LUMP SUM FOR PAINTING OF OLD SCHOOL $ 41,600.00 $ 42,642.82 SQUARE (TWO BUILDINGS) BRAND/MODEL ICI 2110 ULTRA- GLIDDEN NUMBER OF HIDE EXTERIOR PAINT ALKYS PRIMER, TO BE USED SPREAD ULTRA- LATEX GLOSS, & GLOSS ENAMEL WARRANTY ICI GLIDDEN'S THREE YEAR THREE YEAR WARRANTY WARRANTY FROM LABOR & SUPPLIER MATERIALS ESTIMATED TIME 150 WORK APPROX. 2-1/2 FRAME FOR DAYS MONTHS COMPLETITION AFTER NOTICE TO PROCEED DEVIATIONS NONE - NONE FROM ALL SPECIFICATIONS GLIDDENS IF APPLICABLE AGENDA REQUEST Date: 01/27/99 Request to be placed on: Consent XX R~r Agenda Special Agenda Workshop Agenda When: February 02, 1999 Description of agenda item '(who, what, where, how much): from Hector Turf via GSA Contract #GF-07F-8772D for a total cost of $16~226.59 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Hector Turf for the purchase of one (1) Toro Greensmaster 3100 Triples Mower via GSA Contract #GF-07F-8772D for a total cost of $16,226.59. ~ Funding from account code 44.~-4761-572-64.90 Department Head Signature: '~~,~~ //lf/f;~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives.TM (if a~p/i~a~e) Account No. '& Des~r~i,~ption: Account Balance: .---~~~'!~ City Manager Review: ~-' ~/ Approved for agenda: ~/ NO ~ Hold Until:- Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor /,~ FROM: THROUGH: Robert A. Barcinski, Asst. City Manager DATE: January 27, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING FEBRUARY 02, 1999 - PURCHASE AWARD - TORO GREENSMOWER VIA GSA CONTRACT #GS-07F-8772D Item Before Commission: City Commission is requested to approve the purchase of one (1) Toro Greensmaster 3100 Triplex Mower and accessories from Hector Turf via GSA Contract #GF-07F-8772D for a total cost of $16,226.59. Background: The City is in need of a three-gang greensmover for Lakeview Golf Course. This mower is available from the GSA Contract #GF-07F-8772D from Hector Turf. Mr. Brahm Dubin, Manager of Delray Beach Municipal Golf Course, recommends the purchase of this mower from Hector Turf via the GSA Contract. See attached memo's dated 11/12/98 and 01/07/99. Hector Turf has agreed to extend to the City of Delray Beach the GSA Contract pricing for Contract #GF-07F-8772D, per attached memo dated 01/27/99. Recommendation: Staff recommends award to Hector Turf for the purchase of one (1) Toro Greensmaster #3100 Triplex Mower via the GSA Contract #GF-97F-8772D for a total cost of $16,226.59. Funding from account code #441L4761-572-64.90. Attachments: Memo's From Golf Course Memo From Hector Turf GSA Contract #GF-97F-8772D Pricing 01Z24/1999 21:51 5612437386 DELRAY 8EACH GOLF CL PaGE 86 Memo Date: 01/07/99 Please :~'~ee attached memo from 11112/98. 1'he uni~I~ w~ ~3uld purchsse is as follows. From F~i.~ral Supply Schedul~ GS-07-F-8722D (Attache) sin-no model number descnption quantity pdce 341-6 [)4353! TORO Greensmaster 3100 2 wd I $12,381.60 341-5 04450i 11blade cuffing unit, singlepo~rdadi. 3 (104~.12e~h) 3,1:t2.38 341-2§ :04412 Full lmnt roller ~ (s~t of ~hree) 2r:~5.05 341~25 !04424 Wiehle roller kit (set of three) 446.98 lotal cost - $!6,226_50 Wo have a budget of $20,000 ~ward nm ~luipment for the m~int~nan~e dept. 8t the I_ake~i~i eoum~ ~his ~r. This pumhase ~ll I~avo us $3,775 in this ~apitol · Page I: Memo To: Bmhm DuMn From:~Fom AFenM ~ { Date= 'itlt2~98 We are in n~ ~ a ~ang gr~~r ~r t~ Lak~ Coup. tee~r, and ~ve ~t~ ~ng ~s atthe ~lray ~. ~ ~) p~blen~ at ~th ~u~s. I recommend that w~ purchase a Toro model 3100. 1. Thi, S is the model we presently cut greens and tees with at both courses. 2. Th,ay haVe given us good service. 3. We have attachments, parts and extra reels that are very valuable. 4. Our mechanics and operators are very familiar with the workings of this machine. We cen pumhase this machine from Hector Turf under a GSA contract #GS-07F-8772D. The total cost is approx. $16,000. w~.i proceed with thiS purchase? Can .01-27-1999 02: 21PM FROM HECTOR TURF TO 2437166 P. 02 ~ 1301 N.W. THIFID STREET / DEF:RlrlELD BEACH, FL 33442 TEl.,: (954) 429-32(]0 · FAX: (954) 360-7657 Januaxy 27, 1999 Mr. Tom Arendt Golf Course Superintendent Lakeview Countxy Club City of Delr.ay Beach 100N.W_ I Avenue Delray Beach, FL 33444 Dear Tom~ We are pleased to offer the following quotation for your consideration! Qty Model # Description : L~it Price 1 ea 04353 Toro Groundsmaster 3100 Triplex Mower $16,266.59 - 11 Blade SPA Cutting Units - Full Front Rollers - Wiehle Roller Kit : From Federal Supply Schedule GS-07F-g722D-' Hector Turf will extend GSA pricing to thc City of DelraY Beach The above quotation is based upon y~our acc, eptance within thirty (30)i days from the date of this letter and is subject to manufacturer s availability and Florida lState Sales Tax (if applicable). Our terms of sale are Cash on Delivery or upon credit approval, Net 30 Days. Thank you for the opportunity to provide you a quotation on the above merchandise. If you have any questions or require additional information please contact me at (954) 429- 3200 Ext. 314. We appreciate your interest and look forward to doing business with yon. Sincerely, HECTOR TURF Thomas B. DeYoung. Account Representative Commercial/Irrigation Products TBD:gn ~1/24/1999 21:51 5612437385 DELR~Y BEACH GOLF CL PAGE C~NTURY ZQUIPMENT, INC. GSA PRODUCT PRIC~ LI~T ~PFECTIV~ N~CH 1, 1996 THRU FR~UAHY 28. 2001 .. CONTRACTNUMBNR: GS-07F-8722D SIN-NO NUMI~[R DESCRIPTION GSA PRICE ,, GREENSMASTER 3000/3100 TRACTION UNITS 615.60 ~.-~-.:.,~. ~z~n~ter 3100 2WD 12,381.~0 341-6 04354: Greensma~ter 3100 3WD 14,032-09 GRE~NS~AST~R 3000/31~0 CUTTIN~UNITS ]41-5 04404 8 Blade Cutting Unit Hd, 4-Bolt A~ju~tment 970.20 341-5 04406: 11 Blade Cutting Unit, ~-Bolt Adjustment 1,002.54 341-5 04408~ 8 Blade Cutting Unit, %-Bolt Adjustment 877.80 341~5 04450' 11 Blade Cutting Unit, Single Point Adj. 1,044.12 341-5 04468 8 Blade Cutting Un~t, Single Point Adjustment 1,016_40 GRENNSMAST~R 3000/3100 ROLLERS 341o25 04~12 Full Front Roller Kit (Set Of 3) 265.65 341-25 0442~ Wiehle Roller K{t (Set Of 3) ~46_98 341-25 04426i Alur~inum Wiehle Roller Kit (Set Of 3) 446.98' B41-25 52-3590 Swaged Roller 91.45 341-25 21-65~0 W~ehle Roller (Econo~ay - One) 85.97 ~REEN~MASTER 3000/3~00 OPTIONAL ACCESSORIES 341~25 44902~ Tri Roller Kit (Set Of 3) 2,404.71 341-25 ~4903 i Tri Roller Weight Kit (Set Of 3) 341-25 449041 Tri Roller Spiker (Set Of 3) 623.70 341-25 04411: Variable Trackton Speed Kit (For 04350) 332.64 341-25 0~493 ' Thatching Reel Kit (3) 2,365_4~ 341-25 04{22 Variable Speed Kit (For 0435~,04354,04375) 328 02 341-25 0~455 Grooming Reel (Set Of ~) (92-495~ Groomer Pull Arms RecOnv~ended) ]41-25 11~00'~0 Scraper - Comb Assembly 26.26 341-25 231-1214 Traction Tire (~ Ply) 67.38 341-25 26.0900 Basket Reinforcement Kit 50.]7 341-25 28-2150 Tmdlvidual Reel Shut-Off Kit 248.82 (For Front 2 Reels) 341-25 33-100~0 Scraper - Brush Assembly 21_96 341-25 65-83E0 Groom~r - Rotating Br~sh (Mo%t~ts On 04125) 134.30 341~5 RS-687D Groomer Pull Arm ~xtens~on (1) 5.79 341-25 92-495;~ Groomer Pull ~r~s (Completes One Machine) 153.77 341-25 9~-96E;6 Backlappin9 Kit (S~t 3; ~ose Quick Coru%ect) 806.91 341-25 93-9932 Traction Return Kit 37.56 341-~5 94-187D Backlapping Kit (S~t Of 3; Two-Sps~d Motor~) 1,112.98 ~REENSMAST~R 3000/B100 OPTIONAL CUTTING UNIT ACCESSORIES .... Decks 04404/04408/04406 Optional ACceSsories ...... 3~1-25 29-5910 Quick Height Of Cu~ Kit (Set of 3} 158.98 : (.21" Increments H Of C In Three) 341-25 24~9400 Variable Quick H6ight Cut Ki[ (Set Of 3) (Height of Cut Range 0 - 5/8") 3~1-25 93-0110 Rotating Rear Roller Brush (Set Of 3) 757.95 (W/Rear Rollers) 341-25 93-D120 Extended Carrier Fryers (2) 153_80 361-25 ~2-4820 Rear ~oller Sc~ap~ Kit (Set Of 3) 132_75 341-25 94-6394~ 3/32" Tourna~aent Bedknife 2]~59 7 Screw (Austempered) 341-25 94-6395 1/8" Bechk~ife - 7 Screw {Aust~mpered) 20_78 341-25 94-639~ ~/16" Bedknife - 7 Screw (Au~tempered) 19 341-25 63-861f; 1/4, Fairway Bedknife 7 Screw 21 05 PRIC~S QUOTED FOB DESTINATION WITHIN THE 48 CONTIGUOUS STATES, WASHINGTON DC, OR NEAREST PORT OF EMBARKATTON FOR OVERSKAS SHIPMENTS PAGE 10 Agenda Item No.: AGENDA ~QUEST Date: January 26, 1999 Request to be placed on: Consent XX ~eg%r~ar Agenda Special Agenda Workshop Agenda When: Fabruary 02. 1999 Description of agenda item (who, what, where, how much): Bid Award - Bid #99-05, Carpeting of City Hall North WinK (Co--unity .Improvement/ Planning and Zoning. City Clerk's. Mayor's and Publications Editors Office to Kuhn Carpet & T~]m Inc. for m. t~t~] mmml,nt ~f O~INANCE/ ~SOLUTION ~QUI~D: ~ES/NO Draft Attached: YES/NO Recommendation: Award Bid #99-05 for carpetinK to Kuhn Carpet & Tile for a total amount of $45,104, Fundi~ from account a~de ~34-6112-519-46.10 Department Head Signature:~~~.~ ~~~ Determination of Consistency with/Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding availabl. ~.~ Y~NO<~~IT~b~ ~ Funding alternative-~--../ ~if applic~b.l~) Account No. & Description2 ~%Q-~l}'Z--~l~.q~-~o "~\~ ~b~,~¥~qr.~nC~ Account Balance: ~ ~;~O5 ........ ~ Czty Manager Review: ApprovedHold Until: for agenda: ~ NO 5~/~ Agenda Coordinator Review: Received: -- ~ Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Jose~Finance Director ~ DATE: January 26, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING FEBRUARY 02, 1999 - BID AWARD - BID #99-05 CARPETING CITY HALL NORTH WING - COMMUNITY IMPROVEMENT - AND CITY CLERK'S OFFICE Item Before Commission: City Commission is requested to award to low responsive bidder, Kuhn Carpet & Tile for carpeting of City Hall Community Improvement, City Clerk's, Mayor's and Publications Editors Office, for a total cost of $45,104. Background: Bids were solicited for carpeting of Community Improvement/Planning Zoning and City Clerk's Office per bid #99-05. An addendum was issued after bid advertisement to add two additional areas (Mayor's and Publications Editor's Office). Bids were received on December 18, 1998, from four (4) vendors all in accordance with City purchasing policies. (Bid #99~05. Documents on file in the Purchasing Office). A tabulation of bids is attached for your review. The Deputy Director of Public Works has reviewed the bids received and recommends award to the low responsive bidder, Kuhn Carpet & Tile for the total amount of $45,104 for all four areas, per attached memo dated January 21, 1999. Kuhn Carpet was awarded the bid for carpeting of the Utility Billing Department in 1998. Their quality of service provided was outstanding and completed in less time than quoted on bid package. Recommendation: Staff recommends award to low bidder, Kuhn Carpet & Tile for the carpeting of Community Improvement/Planning and Zoning, City Clerk's, Mayor's and Publication Editors Office at a total cost of $45,104. Funding from account code 334-6112-519-46.10. Attachments: Tabulations of Bids Award Recommendation Memo Dated 01/21/99 cc: Robert Barcinski, Asst. City Manager ,5" MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor FROM: Hoyt Owens, Deputy Director Public Work .~~ DATE: January 21, 1999 ~' SUBJECT: BID EVALUATIONS #99-04 / OLD SCltOOL SQUARE PAINTING #99-05 / CITY HALL CARPETING INSTALLATION Public Works has reviewed the above annotated bid responses. I concur with Jim Schmitz's recommendation to award each bid to the lowest and most responsive bidder. Please note proposed changes on bid tabulation sheet for installation of carpet at City Hall. If you have any questions, please call. attachments: c: Bob Barcinski w/o attachments Jim Schmitz w/o attachments a:rooney. 001 disk #5 TABULATION OF BIDS BID #99-05 INSTALLATION OF CARPETING CITY HALL NORTH WING, COMMUNITY IMPROVEMENT DEPARTMENT, MAYORS OFFICE AND PUBLICATIONS EDITORS OFFICE DECEMBER 18, 1998 ITEM DESCRIPTION KUHN SHAW DAKOTA M. RAHMAN # CARPET CONTRACT CONST. INC. & TILE FLOORING 1. COMMUNTY 39,705.00 44,420.00 67,664.72 68,000.00 IMPROVEMENT 2. CITY CLERK'S 4,349.00 6,230.00 4,812.97 6,600.00 OFFICE 3. MAYOR' S 500.00 1,271.00 939.20 1,200.00 OFFICE 4. PUBLICATIONS 550.00 1,354.00 1,084.91 1,350.00 EDITORS OFFICE BRAND/MODEL # STRATTONS SHAW SYNERGY SHAW SHAW OF CARPET TO BE SYNERGY II 28 OZ. USING STRATTON STRATTONS INSTALLED 28 OZ. ADVANTAGE SYNERGY SYNERGY GEMSTONE SYSTEM 28 OZ. 28 OZ. MANUFACTURERS SHAW'S SHAW'S TEN AS PER WARRANTY TEN YEAR TEN YEAR YEARS MANUFACTUER EST. TIME FRAME FOR WITHIN 4-6 WEEKS APPROX. ARRIVAL OF CARPET 30 DAYS 5 WEEKS AFTER NOTICE OF AWARD ANTICIPATED TIME 2 - 2 DAY APPROX. 4 WEEK-ENDS FOUR FRAME TO COMPLETE WEEK-ENDS 4 WEEK-ENDS 2 DAYS EA. WEEK-ENDS COMMUNITY IMPROVE- 8:00 A.M. TO 2 DAYS 12 HRS. EA. MENT AREA 6:00 P.M.* EACH ANTICIPATED TIME 1 WEEK-END 1 WEEK-END ONE FRAME TO COMPLETE DAY 2 DAYS WEEK-END CITY CLERK'S AREA COMMENTS *(MAYBE A THIRD WEEK-END) TO: DAVID T. HARDEN CITY MANAGER FROM: S h"rOR PLA..ER SUBJECT: MEETING OF FEBRUARY 2, 1999 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A RECREATIONAL ESTABLISHMENT (BILLIARD CENTER) KNOWN AS SHOOTERSVlLLE BILLIARDS AT LAKE IDA PLAZA. The conditional use request is to establish an 11,000 square foot billiard center consisting of 28 pool tables and a full service bar and restaurant within Lake Ida Plaza. Additional background and analysis is found in the attached Planning and Zoning Board Staff Report. At its meeting of January 25, 1999, The Planning and Zoning Board held a public hearing in conjunction with review of the request. There were six people who spoke in opposition or expressed concerns with the proposal. The president of the Woodlake Home Owners Association has submitted the attached letter dated January 25, 1999 in opposition to the proposed billiard center. There were two people, including the owner of the adjacent day care center that expressed support for the proposal. After reviewing the staff report and discussing the proposal, the Board voted 7 to 0 to recommend that the Conditional Use request be approved subject to the conditions mentioned below. By motion, approve the Conditional Use request for Shootersville Billiards recreational establishment at Lake Ida Plaza based upon positive findings with respect to Chapter 3 (Performance Standards, Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions of approval: 1. The applicant shall erect a 10'-high concrete block wall along the western side of Lake Ida Plaza to separate the adjacent child care center playground from the billiard center loading area; 2. That there be no live entertainment associated with this business; 3. That additional sound barriers be placed between the billiard center and the adjacent day care center. Attachments: ~ P&Z Staff Report and Documentation of January 25, 1999 r~ Letter from Woodlake Home Owners Association PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: January 25, 1999 'AGENDA ITEM: IV.B. ITEM: Conditional Use Request to Allow the Establishment of a billiards facility (Shootersville Billiards), within the Lake Ida Shopping Center, Located at the Southwest Corner of Lake Ida Road and Congress Avenue. GENERAL DATA: Owner ........................................ ME)N Lake Ida, Inc. Agent ......................................... David E. Cummings Jr. Location ..................................... Southwest corner of Lake Ida Road and Congress Avenue Property Size ............................. 8 Acres Future Land Use Map ................General Commercial Current Zoning .......................... PC (Planned Commercial) Adjacent Zoning ............... North: CF (Community Facilities) & PRD (Planned Residential) East: PCC (Planned Commerce Center) South: RM-8 (Medium Density Residential-8 units per acre) West: RM-8 Existing Land Use .................... Shopping Plaza Proposed Land Use ................... Conditional Use request to allow the establishment of a billiards facility within a shopping center. Water Service ............................ Existing on site. Sewer Service ........................... Existing on site. IV.B. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request for a Recreational Establishment (billiard center) within the Lake Ida Plaza shopping center. The subject property is located at the southwest corner of Lake Ida Road and Congress Avenue within a portion of the tenant space formerly occupied by the Winn Dixie grocery store. The subject property involves Lake Ida Plaza, which was annexed into the City in 1988 via Ordinance 125-88. The parcel was zoned GC (General Commercial) until it was rezoned to PC (Planned Commercial) with the Citywide rezonings associated with approval of the Land Development Regulations in 1990. The Site Plan Review and Appearance Board (SPRAB) approved fa(;ade changes to the plaza at its meeting of May 28, 1997. These fa~:ade changes led to the "Best Improvement" award for Lake Ida Plaza in 1998 from SPRAB. The City Commission approved a conditional use application for a child care facility (Kids Kingdom of Palm Beaches, Inc.) in the adjacent tenant space south of Shootersville at its meeting on September 23, 1997. The child care facility includes an outdoor play area and drop-off area on the west side of the plaza. An outdoor dining area was approved by SPRAB within the sidewalk adjacent to Colucci's Restaurant (fka, Antigua Restaurant) at its meeting on January 7, 1998. The site plan for Lake Ida Plaza was modified on March 19, 1998 to allow the construction of a trash compactor at the southwest corner of the property and to relocate the freestanding plaza identification signage. This Conditional Use Request is to establish a 11,000 square foot billiard center within a portion of Lake Ida Plaza formerly occupied by the Winn Dixie grocery store. The grocery store occupied a 25,600 square foot tenant space. Lake Ida Plaza is an existing commercial center that contains 77,976 square feet of leaseable area with 400 parking spaces and associated landscaping. The development proposal consists of the following: P & Z Board Staff Repor~ Shobtersvill~ Billiard Center - Conditional Use Approval Page 2 Converting a portion of the 25,600 square foot tenant space formerly occupied by Winn Dixie to 11,000 square feet for a billiard center; r~ 28 pool tables, kitchen facilities (for service of food at tables), and a full service bar; The tenant space proposes to have one entrance on the east side of the building and two entrances (for deliveries) on the west side of the building; The tenant space contains an existing 850 square foot mezzanine that has additional restrooms and offices; a The billiard center will employ approximately 12 people; Proposed hours of operation are: Monday - Friday 11:00 AM - 2:00 AM Saturday & Sunday 12:00 PM - 2:00 AM CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 of the Land Development Regulations, prior to 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 minutes. Findings shall be made by the Board 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 designation of General Commercial and a PC (Planned Commercial) zoning designation. The PC zoning designation is consistent with the General Commercial land use designation. Within the PC zone district, the conditional uses of the GC (General Commercial) zone district are applicable. Pursuant to LDR Section 4.4.9(D)(12) [ref. Section 4.4.12(D)], within the PC zoning district, recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, and skating rinks, are allowed as a Conditional Use. Staff has determined that the billiard center is a Recreational Establishment that requires approval via the conditional use process. It is important to note that the conditional use process is necessary due to the billiard aspect of the business. In fact, restaurants and cocktail lounges are principal/permitted uses in the PC zoning district which do not require approval under the conditional use process. Based upon the above, it is P & Z Board Staff Report Shobtersvill~ Billiard Center - Conditional Use Approval Page 3 appropriate to make a positive finding with respect to consistency with the Future Land Use Map. 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. Water and Sewer: [] Water service exists to the bay being occupied by the billiard center via a service lateral connection to an existing 8" main located along the western property line. No water main extensions or upgrades are required with this development proposal. [] Sewer Service exists to the bay being occupied by the billiard center via a service lateral connection to an existing 8" main located along the western property line. No sewer main extensions or upgrades will be required with this development. The Comprehensive Plan states that adequate water and sewer capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. At the time of approval of the Comprehensive Plan, the site consisted of an existing shopping center. Drainage: Paving and drainage plans are not required for the conditional use analysis. The drainage system of the existing shopping center will not be affected by the proposed use. Streets and Traffic: Since the trip generation rates for a billiard center and retail uses are the same, the number of trips generated by the floor area will not increase due to the change in uses. Based on this, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: Park dedication requirements do not apply for non residential uses. Thus, there will be no impact on this level of service standard. P & Z Board Staff Repor~ Shobtersvill~ Billiard Center ~ Conditional Use Approval Page 4 Solid Waste: The solid waste generation for shopping centers is based on 7.3 pounds of solid waste per square foot per year. The use of the entire property will remain a shopping center. Consequently, there will be no change in the amount of solid waste generated. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 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 positive finding can be made with respect to overall consistency with the performance standards set forth in Chapter 3 in accordance with the analysis mentioned above. Furthermore, a positive finding can be made with respect to the required findings for conditional uses (LDR Section 2.4.5(E)(5), Conditional Uses) in accordance with the analysis mentioned below. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, 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; As noted previously, the restaurant and cocktail lounge elements of the proposed billiard center are principal uses in the PC zoning district which do not require approval under the conditional use process. The adjacent use in the tenant space immediately to the south of the subject site is occupied by a child care facility (Youthland Day Care Center). Child care facilities are also conditional uses in the PC zoning district. The child care facility was approved with an outdoor playground and drop-off zone on the west/rear side of the shopping center. Representatives of the child care facility have submitted the attached letter that expresses concern about the adverse impact a billiard center will have on their business and the safety and welfare of the children. The child care facility and billiard center will have peak hours that overlap from approximately 4:00 p.m. to 6:00 p.m. During this time the custodians of the children will be arriving to pick-up their children while the peak hours for the billiard center begins with the early patrons arriving during this time. The majority of the billiard center business begins during these peak hours and continues into the evening while the existing child care facility closes at this time. P & Z Board Staff Report Shobtersvill~ Billiard Center - Conditional Use Approval Page 5 The peak hour conflict is alleviated since the children are picked-up at the rear of the shopping center while the patrons of the billiard center will only have access from the front of the building. The delivery vehicles accessing the rear of the shopping center will be customary in terms of frequency and hours of delivery for the billiard center. Consequently, the adjacent uses will not experience adverse impacts, such as smoke and noise, that are not commonly associated with loading areas in shopping plazas. Furthermore, the applicant has submitted a site plan modification application to erect a 10'-high concrete wall that will separate the playground area from the Shootersville loading area. Since the cocktail lounge and restaurant elements of the business would be considered principal uses in the PC zoning district, if operated as independent businesses, these uses are allowed to occupy any tenant space within Lake Ida Plaza without conditional use approval. However, the conditional use approval is necessary for the billiard center. Furthermore, it may be appropriate to consider adding a condition for additional sound barriers to further baffle noise if the Planning and Zoning Board feels that the potential noise generated by the billiard center may be a nuisance to adjacent businesses. The child care and billiard center will be separated by a 2-hour fire rated wall that should provide a sufficient buffer between these two uses. The applicant has indicated that the interior walls will be insulated and "finished" with drywall. B. Nor that it will hinder development or redevelopment of nearby properties. The potential adverse effects of a billiard center such as traffic and hours of operation will not hinder development or redevelopment of nearby properties. The amount of traffic generated by a billiard center is similar to the previous grocery store use. This tenant space has been unoccupied since Winn Dixie vacated the premises over two years ago. The owner of the shopping center has improved the exterior of the plaza in an effort to attract new tenants and patrons. In the opinion of staff, a billiard center would not have a detrimental effect on nearby properties. In terms of traffic generation, the amount of vehicular trips generated by the billiard center will be approximately the same as the grocery store. The peak business hours of the billiard center are during the evening and weekend hours. The peak business hours of retail, office, and service uses are generally during the day-time. Therefore, the demand for parking spaces transitions from daytime patrons of the shopping center to the evening patrons of the billiard center and other businesses that operate during evening hours. The billiard center is compatible with the other uses in Lake Ida Plaza such as Colucci's Attic restaurant that operate primarily during evening hours. Finally, the billiard center will be compatible with surrounding uses given the similarity of traffic generation to the previous use and the difference in hours of with the operation with the daytime businesses. P & Z Board Staff Report Shdotersvil[e Billiard Center - Conditional Use Approval Page 6 The development proposal is not located within a geographical area requiring review by the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), or Historic Preservation Board (HPB). Special Notice: Special Notice has been provided to the following civic and homeowner's associations: [] President's Council [] Bovis Homes [] Progressive Residents Of Delray (PROD) r~ Rainberry Bay Homeowners Association [] Rainberry Lakes Homeowners Association [] Rainberry Woods Homeowners Association [] Village of Rainberry Lake Homeowners Association Q Pines of Delray North Homeowners Association I~ Sabal Lakes Homeowners Association [] Chatelaine Homeowners Association r~ Country Manor Homeowners Association [] Lake Ida Homeowners Association ~1 Lake Forest South Homeowners Association [] Delray Shores Homeowners Association [] Pines North Homeowners Association [] Sudan Subdivision [] Lake Ida Plaza businesses Public Notice: Formal public notice has been provided to property owners within a 500 ft. radius of Lake Ida Plaza. Additional letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. There is sufficient parking on the site to accommodate the proposed billiard center as well as other tenants/uses in the shopping center. The proposed use may help to attract other businesses into the center, which has had difficulty attracting tenants to occupy the large number of vacant bays. In order to alleviate concerns from the adjacent child care center, a 10'-high P & Z Board Staff Report Shobtersvill~ Billiard Center - Conditional Use Approval Page 7 concrete block wall should be installed to separate the play area from the billiards center loading area. Establishment of this use will require internal modifications to the commercial bay. With review of the building permit application, additional requirements may be imposed. 1. Continue with direction. 2. Recommend approval of the Conditional Use request for a billiard center based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan. 3. Recommend denial of the Conditional Use request for a billiard center based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations. Recommend approval of the Conditional Use request for a billiard center based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Compatibility) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following condition: 1. The applicant shall erect a 10'-high concrete block wall along the western side of Lake Ida Plaza to separate the adjacent child care center playground from the billiard center loading area. Staff Report prepared by: Scott Pape, Senior Planner Attachments: Location Map Site Plan Floor Plan Letter from Dennis Spilotros dated December 23, 1998 S:PLANNIIDOCUMEIREPORTIPZSHOOTER IOTH ~- N.W. 10TH ST. L A K E 9~H ST. / LAKE IDA 4~ ~ LAKE IOA PLAZA DORSON WAY LAMDA NOVA- TRONICS CONGRESS POINSETTIA BLVD. A VENUE AUTO PLAZA N.W. 5RD ST, MOS WHOL£SALE BEAUTY SUPPLIES ~ SHOOTERSVILLE BILLIARDS PLANNING DEPARTMENT CITY OF DELRAY BEACH, FL -- ~IGITA~ ~$ENIAPSY~JTEM --- MAP REF: LM315 X~-'-- EXlSTIN~ STI~LICTIJI~',AL ILl,ALL EXISTING ~ OPEhi TO E~ELOIJ. J --% OPEN TO I~ELOU. J xx"- NELLI 1 ~FR. TEN/'hIT SEPA, I~ATION '~ EXISTINO f;~-.~,ILINO ? ? OPEN ¢~ L KILI.~, '-r' EXIST. U. JOI'IENS OPEN ~" EXISTING. . 58,'-C'" EXISTING MEZZANINE I/8,' = I'-0' ,e~O ABC I Nc xsxm oue, INC. · 1700 E. Las Olds Blvd, Suite 102, Ft. Lauderdale, FL 33301 December 23, 1998 Planning and Zoning Department 100 NW 1 ~ Ave. Delray Beach, FL 33444 Re: LM--.e !de P!.ex~/Prepesed Billiard Hall__/Impe, ct on ex~sting C~ild Cam Dear Commissioners: By means of this letter we wish to make you aware of our concerns relative to the opening ora Billiard Hall contiguous to our existing Child Care Facility. We have been in occupancy at this location for a period of eight (8) months at the writing of this letter and have just begun to realize the fi'uits of our Iabor. In our experience an operation such as a Billiard Hall will not only have an adverse affect on the business that we have built for the past eight (8) months but will also put the safety and welfare of the children into question. We wish to have our position heard and to be included in the decision making process relative to your conditional use approval of this operator. We thank you in advance for your consideration and understanding in this matter. Please direct any future communications relative to hearings or reviews to ABC Franchising Group, Inc., 1700 E. Las Ohs Blvd. # 102, Ft. Lauderdaie, Florida 3330i. Dennis P. Spilotr~s President ~ ~M~.~ ~ ~ cc: KiP King ' __~L.'_i_~_ ~: -4~t^ 4-t-- ,~ .~-,JIA,t~ ~l_q 0,~ Lake Ida Attorney-at-Law ~'0.~ ~ ~ ~/~'~ Board of County Commissioners ~ ~ Palm Beach HOMEOWNERS ASSOCIATION, INC. 3e~ $.w. 27TH TERRACE DELRAY BEACH, FLORIDA 33445 561-243-37~3 ' FAX 561-243-3951 January 25, 1999 City of Delray Beach, Planning & Zoning Department To Whom It May Concern: The Board of Directors for Woodlake Homeowners Association is officially registering it~ 6§jection to any form of approval'for the conditibnal use request for Lake Ida Plaza premises to be used as a "Billiards Center" The immediate area south and west are new high residential developments. The entire areas to the west and north are residential developments. The area immediately east of 1-95 is a new residential development of homes above $120,000.00 with City provided street beautification to keep the area appropriate for family use, such as 2 churches and a school. The introduction 0fa pool hall is not conqdered family entertainment activities. Staff material has noted th, objection of an existing child care center immediately next to this proposed pool halt and has claimed that the use would not conflict because the child care is day time and the pool hall is mainly after "4 till 2 AM". They are therefore aware of the incompatibility of this use with the existm~ area environment. Rather helping to bring business into the Plaza area, it will deter any legitimate merchan~ f~m locating here. At one time the Plaza had problems because it became a 'lmngout" for groups that had nothing better to do. We do not want a return of those conditions or anc~ther "Paradise Club" atmosphere that could bring crime in via 1-95 from other areas or other counties. We request that conditional use be denied because it is incompatible with the residential surrounding areas. The family aiaiosphere ora shopping plaza, which cm,~iy has a child, care center. Also, this use will make the area vulnerable to trouble and possible crime since it will become a "gathering place" for late night activities ora questionable puqoose. Sincerely, ~ William Decker President of Woodlake Board of Directora [ITY OF DELARY BER[H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 TO: David T. Harden, City Manager 1993 FROM: ert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, FEBRUARY 2, 1999 SPECIAL EVENT REQUEST - DELRAY AFFAIR DATE: January 25, 1999 ACTION City Commission is requested to endorse the Delray Affair to be held April 9-11, 1999 to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and rights-of-way, to waive LDR's Section 4.6.7 (D) (3) (j) (ii) to allow signage to be placed more than one week prior to the event, to provide staff support as outlined in the attached letter, to split the ovedime costs 50/50, with a maximum City contribution of $11,500, to waive LDR's Section 4.6.7(C)(5)(a) and (9) to allow banners, and to allow all vendor permits to be assigned by the Chamber of Commerce. BACKGROUND Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support the request except for the following: A.Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning the events proposed on park property. B.Grant approval of signs per code requirements, and allow banners to be placed on stages and road barricades. Estimated overtime total for this event is $27,000. Last year's actual overtime costs were approximately $33,000. Staff, working with the Chamber of Commerce, feel we can reduce these costs this year without sacrificing security or service. RECOMMENDATION Staff recommends approval of the Chamber of Commerce's request with staff recommended exceptions. RAB:tas File:u:sweeney/agenda Doc.:99Delray. Aff THE EFFORT ALWAYS MATTERS January 19, 1999 Mayor and City Commission City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor and Commissioners: JTC 97 ~ * The De/ray Affair, celebrating its 37th anniversary in 1999, is scheduled for The Delray A~air April 9, 10, & 11, 1999 and we would like to request your support once again. We are very proud of the excellent reputation the event has earned over the 64-A S.E. Fifth Avenue last 36 years and we attribute a part of the success to the great relationship we have with the City of Delray Beach. Delray Beach, FL 33483 The event has a significant economic impact of more than $30 million as 561,278,0424 measured in our 1998 Economic Impact Study.* We also are thrilled to share 2' the news of our most recent accomplishments, one of 200 Best Art Events ~ in the United States by Sunshine Artist magazine and a bronze pinnacle 561.279.1380 xt.22 award presented by the International Festival and Events Association. It is our hope that these designations, along with others received in the past, will fax 561.278.0555 assist us in our effort to continue to bring more tour groups and visitors to Delray Beach during the Affair. chambercSdelraybeach.com Please consider approval of the following Delray Affair items: www. delraybeach.com 1. Endorsement by the City Commission as a City supported event; www. delrayaffair, com 2. Use of City parking facilities at Worthing Park, Veterans Park, the City lot behind Hand's, Cason Cottage, NE 1st Street, and lot adjacent to Produced by Vittorio's Restaurant on Federal Highway northbound just south of Atlantic Avenue for entertainment and exhibitor parking; The Greater Delray Beach 3. Use of all area within Worthing Park, Veteran's Park, and the exterior Chamber of Commerce grounds of Old School Square (please note that a separate request letter has been sent directly to Old School Square); 4. Blocking off parking from Swinton Avenue to the Intracoastal Waterway and closing Atlantic Avenue to traffic from Swinton Avenue to Palm Square. Blocking access to Atlantic Avenue from each side street in this area from alley to alley. Suspension of parking time restrictions; 5. Provide City staff support with representation from Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks & Recreation, and City Managers Office for planning and operation services; Continued De/ray Affair- Page 2 6. Allow this to be the only Commission approved event during the Delray Affairtime frame. Allow all permits to be assigned by the Chamber of Commerce only, with the exception of the Special Event Parking Lot Concessions; 7. Permission to erect signs promoting the event from March 22nd through April 12th. 8. Permission to erect overhead banners within the confines of the Delray Affair site; 9. We respectfully request a 50/50 split on City staff overtime services with the $11,500 cap that was instituted in 1998. We sincerely appreciate all of the efforts of the City employees and look forward to a great DelrayAffair in 1999. We hope each of you will be a part of the festivities. Yours truly, William J. Wood President cc: Dave Harden, City Manager Bob Barcinski, Asst. City Manager Joe Weldon, Director of Parks & Recreation Hoyt Owens, Director of Public Works Robby Pentz, Supervisor of Traffic Operations Lulu Butler, Director of Community Improvement *Regional Research Associates, 1998 [lTV OF I]ELIlIW BER[H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 ~lI-AmedcaCity TO: David T. Harden, City Manager 1993 FROM: ~,obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM #~. (.. CITY COMMISSION MEETING, FEBRUARY 2, '1999 SPECIAl_ EVENT REQUEST - DI::LRAY AFFAIR 5K RUN DATE: January 25, 1999 ACTION City Commission is requested to endorse the 2nd Annual Delray Affair 5K Run to be held on Saturday, April 10, 1999 from 7:00 a.m. - 10:00 a.m., to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of Anchor Park and use and closure of A-l- A, to waive LDR's Section 4.6.7 (D} (3) (j} (ii) to allow signage to be placed more than one week prior to the event, to provide staff support as outlined in the attached letter, and to split the ovedime costs 50/50 with the City. BACKGROUND Attached is a letter request from the Chamber of Commerce for this event as a separate event to be held during the Delray Affair. The Chamber is asking that overtime costs for this event be split 50/50 and not be included in the Delray Affair overtime cap. Estimated overtime for this event based on last years total is $2,000. Estimated overtime total for this event is $27,000. Last year's actual overtime costs were approximately $33,000. Staff working with the Chamber of Commerce feel we can reduce these costs without sacrificing security or service. RECOMMENDATION Staff recommends approval of the temporary use permit for this event, signage waiver, staff support, and splitting the overtime costs 50/50. RAB:tas F~loe :cU. i ,5~,r~ .n,~f~/agenda THE EFFORT ALWAYS MATTERS ?. ~__,,. DEC I 0 1998 December 8, 1998 .......... ~% Mayor and City Commission City of Delray Beach ~ 100 NW 1st Avenue ~Tc97 Delray Beach, FL 33444 ~ Dear Mayor and Commissioners: The Pelray AFfair In addition to your review of the 1999 Delray Affair, celebrating its 37th 64-^ s.E. Fifth Avenueanniversary on April 9, 10, & 11, 1999, please consider the following request for the 2"~ Annual Delray Affair 5K Run & Health Walk. This was a new program for us last year and was met with great first year success. Pelray Beach, FL ~348)~ The 5K Run/Health Walk is scheduled to take place the Saturday of the 561.2~8.0424 ~ Delray Affair weekend, April 10, 1999. This event would be held on the ~ already certified Turkey Trot course along A1A. All subsidiary City services b61.27~.lbaO xt.22 would be the same or similar to those required for the City's Turkey Trot. fax 561.2?8.0555 We are very proud of the excellent reputation that the Delray Affair has earned over the last 36 years and feel that this new activity definitely adds a fresh sense of excitement and popularity to the already established event. chamber~delraybeach.com It is our hope that this new 5K Run/Health Walk will assist us in our effort to www. Jelraybeach.comcontinue to bring more tour groups and visitors to Delray Beach during the Affair. www. Jelrayaff air. com The actual starting time of the race is 7:00 a.m. and is expected to last 90 minutes. Produced by Please consider approval of the following Delray Affair items: The Greater Pelray Beach 1. Endorsement by the City Commission as a City supported event; Chamber of Commerce 2. Use of City parking facilities at Anchor Park for the race registration site, participant parking, and race start/finish line (from approx. 5:30 a.m. to approx. 10:00 a.m.); 3. Blocking off parking along A1A from Anchor Park to George Bush Blvd. Blocking access to A1A from each side street in this area (from approx. 5:00 a.m. to approx. 10:00 a.m.). Suspension of parking time restrictions; continue Delray Affair 5K Run/Health Walk Page 2 4. Provide City staff support with representation from Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks & Recreation, and City Managers Office for planning and operation services as needed; 5. Permission to erect signs promoting the event from March 22nd through April 19th; 6. We request the City of Delray Beach split the cost of City staff overtime services 50/50 with the Greater Delray Beach Chamber of Commerce ensuring a greater success to this specific event. We sincerely appreciate all of the efforts of the City employees and hope each of you will be a part of the festivities. Yours truly, William J. Wood President cc: Dave Harden, City Manager Bob Barcinski, Asst. City Manager Joe Weldon, Director of Parks & Recreation Hoyt Owens, Director of Public Works Robby Pentz, Supervisor of Traffic Operations Lulu Butler, Director of Community Improvement MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ 0~ ~ ~- REGULAR MEETING OF FEBRUARY 2, 1999 CRA FUNDING REQUEST FOR FLORIDA REDEVELOPMENT ASSOCIATION/FLORIDA MAIN STREET ANNUAL CONFERENCE DATE: JANUARY 29, 1999 Attached is a request from the Community Redevelopment Agency for funding in the amount of $1,500 to support the Florida Redevelopment Association/Florida Main Street annual conference. Delray Beach is hosting the conference this year which will be held at the Delray Beach Marriott on September 8-10, 1999. The host city is required to make a financial commitment of $5,000 to the conference. The CRA has committed $1,500.00 with the balance to come from the Downtown Development Authority and corporate sponsorships. If the City Commission wishes to approve this request, funding is available from the Commission's contingency account. Recommend Commission consideration. ref:agmemol6 Community Redevelopment Agency Delray Beach January 15, 1999 Mr. David Harden City Manager City of Delray Beach 100 NWI st Avenue Delray Beach, FL 33444 RE: Florida Redevelopment Association/Florida Main Street Annual Conference September 8-10, 1999, Delray Beach Marriott Dear Dave: Delray Beach has been selected to host the FRA/Florida Main Street annual conference this year. We tried to have it here a couple of years ago but Delray didn't have the hotel and meeting room accommodations that were necessary. That issue has now been resolved with our beautiful new Marriott. The conference plannh~g committee met in December, and we came away with some great ideas for sessions for the conference. We will meet again towards the end of January to brainstorm further. Enclosed is a copy of the preliminary agenda. If you have any comments or have ideas for other issues to discuss, we would love to hear them. The host city is required to make a monetary commitment of $5,000 to the conference. The CRA will commit $1.500, and we respectfully request that the City make a commitment of $1,500. Hopefully the DDA will contribute, and we will be looking tbr corporate sponsorships as well. We would appreciate it if 3'ou would ~ke this request to City Commission on our behalf. // lfy~ve any questions, please feel free to call me. Thank you. Christopher J. Brown Executive Director /d Enclosure cc: John Weaver, CRA Chairman Bill Wood, President, Chamber of Commerce Michael Listick, DDA Chair Marjorie Ferrer, DDA & Downtown Joint Venture 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640/Fax (561) 276-8558 Florida Redevelopment Association and Florida Main Street Annual Joint Conference September 8-10, 1999 Marriott Hotel Delray Beach PARTNERSHIPS THAT WORK _Wednesday. September 8, 1999. 8:00 am - 5:30 pm Registration Desk Open 8:30 am - 9:00 am Continental Breakfast 9:00 am - 11:30 am Mobile Workshop & Tour: Joe Gillie, Chair (Old School Square, Downtown Redevelopment, Sundy House Redevelopment, Historic Homes) (Trolley) Noon - 1:30 pm Opening Lunch Guest Speaker 1:00 pm - 7:00 pm Exhibit Hall Open 2:00 pm - 3:30 pm Neighborhood Planning: Di Dominguez & Ron itoggard, Co- Chairs (Seacrest-Del Ida, West Atlantic, North Federal Hwy, PGMS) Main Street 10 I' Tom Fleming, Chair 3:30 pm - 4:00 pm Refreshments 4:00 pm - 5:30 pm City Partnerships &'R~dev61opment: Bob Barcinski, Chair (Include Mayors and/or C. ity Managers from other citiies) Main Street 201' Torn Fleming, Chair 5:30 pm -7:00 pm Opening Reception in the Exhibit Hall 7:30 pm till Pub Crawl (Passport Coupon Book) (Trolley) Thursdays September 9, 1999_ 8:00 am - 5:30 pm Registration Desk Open 8:30 am - 9:00 am Continemtal Breakfast with Mini Roundtablc Discussions of previous day's sessions 9:00 am - 2:00 pm Exhibit Hall Open 9:00 am - 10:30 am Chamber of Commerce's Role in Planning & Redevelopment/Joint Venture: Bil[ Wood and Marjorie Ferrer, Co-Chairs (Partncrsh/p, Promotions, Pubtic Relations, Main Streets) Grants 8: Funding: Shelley Treadwell, Chair 10:30 am - 10:45 am Refreshment Break 10:45 am - 12:15 pm Cluster Balance: Marjorie Ferret, Chair Youth Involvement in the Community: Lula Butler, Chair (Frank McKinney, Chuck Ridley) (Chamber of Commerce, Government, Education, Culture, Minorities, Private Sector) t2:30 pm - 2:00 PM Lunch at the Sundy House (extra charge) (Trolley) 2:00 pm - 3:30 pm Parking & Transportation: Bob Barcinski, Chair (Roundabouts - Randal Krcjearck, lan (?), City of West Palm Beach) Beautification & Signage: Marjorie Ferrcr. Chair (Shelley Trcadwell; Richard Golber. Amsign) 3:30 pm - 3:45 pm Refreshments 3:45 pm - 5:15 pm Crime, Security, Volunteer Policing, Zero Tolerance: Chief Overman, Chair Business Incubators: Seabron Smith, Chair (Jim Crreenwood, Consultant and Denver Consultant) 6:30 pm - 9:30 pm Luau - Poolside at the Marriott 9:30 pm till Courtyard at City Limits (Trolley) Fri~l~ay, September 10, 1999 7:30 am- 9:00 am Continental Breakfast with Mini-Roundtable Discussions of previous day's sessions 9:00 am - 10:45 am West Atlantic Avenue Redevelopment Process: Chris Brown, Chair 10:45 am - 11:00 am Refreshments 11:00 arn - 12:30 pm Homing in a Mixed Use Context: Chris Brown, Cb~i_r Affordable Housing Mobile Workshop: Sherry Johnson, Chair 12:30 pm- 2:30 pm Anmml Business Meeting, Awards Luncheon Guest Speaker: Speaker Su _~geation$; 1. Governor Jeb Bush (Kevin McCarty) 2. Secretary of State Katldeen Harris (Bob Trescott) 3. Ed Rcndell, Mayor of Philadelphia 4. Harvey Gant, Former Mayor of Charlotte 5. Alan Jacobs - University of California at Berkeley 6. Michael Moore 7. John Norquist, Mayor of Milwaukee Entertainment; 1. Pub Crawl: (Need trolley) a. Passport with participating restaurants - set price b. Menus c. Door Prize d. Mini Art & Jazz e. Merchants Open f. Street Surprises g. Street Entertainment (Mime, Music, etc.) 2. Power Rrm/Power Walk 3. Bicycle Tours (Richwagen rentals) 4. Masseuse on thc beach GO 3~Vd ~D HD~3~ A~33~ B§§B9~9§ ~:~ ~g[/0~/~0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~.g. - REGULAR MEETING OF FEBRUARY 2, 1999 SERVICE AUTHORIZATION #10/CH2M HILL (RISK MANAGEMENT PLAN FOR CHLORINE GAS RELEASE) DATE: JANUARY 29, 1999 The Clean Air Act Amendments of 1990 require the development of a risk management plan for the City's Water Treatment Plant. Chlorine is stored at the facility in quantities above the Environmental Protection Agency's (EPA) threshold level. Therefore, a hazard assessment is mandated to assess potential risks along with the creation of a risk management plan that incorporates procedures to be used in the use, handling and storage of chlorine as well as an emergency response plan for the safe and efficient mitigation of any accidental chlorine gas leak. The proposed service authorization with CH2M Hill is for professional consulting and engineering services necessary to insure compliance. The deadline for submittal of the plan is June 21, 1999. Service Authorization #10 is in the amount of $15,514.00. Funding is available from 441-5122-536-31.30 (Water Treatment Plan - Engineering/Architectural). Recommend approval of Service Authorization #10 with CH2M Hill to comply with federally mandated regulations. ref:agmemol4 Agenda Item No., ~.~. AQEND~ REQUEST Date, 01/28/99 Request to be placed on, x× Regular Agenda __ Spec£al Agenda Workshop Agenda When, 02/02/99 Description of item (who, what, where, how much), Staff requests Commission of Service Auth. #10 to CH2M Hill in the amount of $15.514.00 for performance of a Hazard Assessment and Preparation of Risk Manaoment Plan for an aeeid~n~l eh]or{nm r~]~ ~ ~h~ Water Treatment Plant. This plan: which de~ails respon~ mm~{v{ti~ ADH trmln{n~ required by Federal Legislation under the Clean Air Act. Deadline for submittal is June 21. 1999. Funding i~ from Water Tr~a~m~n~ A~mn,,n~ #~1-~177-~-~1 ~ ORDINANCE/RESOLUTION REQUIRED, YES/NO DRAFT ATTACHED YES/NO Recommendation~ Staff recommends approva] 9f Se.rvice Auth. #10 to CH2M Hill. Department Bead Signature, .~'Z~.-~..~ Determination of Consistency with Comprehensive Plan, City Attorney Review/Recommendation (if applicable) Budget Di. rector Review (r~red on all items involving expenditure of funds) Funding available $ Y~/NO Funding alternatives . (if applicable) Acooun~ No. ~ Des~iptio._~./ - ~1 ~ - ~J & -,,, ~ /~ , ~- City Manage~ Review~ Agenda Coordinm%or Review~ Received: Pla~ed on Agenda: A~tion~ Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Director of Environmental Services SUBJECT: RISK MANAGEMENT PLAN (RMP) GAS CHLORINE DATE: January 28, 1999 Attached is a copy of Service Authorization No. 10 for CH2M Hill in the amount of $15,514.00 for performance of a hazard assessment and risk management plan for response to a chlorine gas release incident at the water treatment plant. This plan, which will detail response activities and training requirements, is mandated by Federal Legislation enacted under the Clean Air Act. Of the various hazardous chemicals requiring an RMP under current legislation, only chlorine gas is stored in sufficient quantities at the city's water treatment plant to trigger the legal requirement for the RMP. The submittal date for the RMP, to be compliant with the Federal Act, is June 21, 1999. Chloride gas, a highly toxic compound, is stored in one ton cylinders at the water treatment plant and is used in the water treatment process for disinfection and color reduction. Facilities currently in place to control an accidental chlorine release consist of an enclosed storage area and a chemical chlorine scrubber which, upon sensing chlorine in the building, evacuates the internal atmosphere via negative pressure. Contaminated air is "scrubbed" with a caustic soda mixture neutralizing the toxic chlorine gas which is then released to the external atmosphere as a harmless gaseous compound. Funding for this expenditure is available in Water Treatment Account #441-5122-536- 31.311} Engineer/Architect. Please place this item on the February 2 Agenda for consideration by City Commission. RCH: jem c: C. Danvers Beatty, P.E. Donald Haley Service Authorization No. 10 to the Agreement to Furnish Professional Services Dated June 6, 1995, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. No.: __City Expense Code: City P.N.: Title: Risk Management Program for the City's Water Treat Plant Facilities Category of Work: Professional Engineering Services--Regulatory Comphance This Service Authorization will authorize CH2M HILL (CONSULTANT) to provide professional engineering services in the development of a Risk Management Plan (RMP) for the City of Delray Beach (CITY) Water Treatment Plant (WTP) in accordance with the requirements of the Clean Air Act Amendments of 1990. Introduction and Background The Clean Air Act Amendments, specifically Section l12(r), required the Environmental Protection Agency (EPA) to develop regulations that would prevent the accidental release of hazardous chemicals to the air and mitigate potential impacts to the public and the environment. EPA finalized the rule in June of 1996 as part of 40 CFR, Part 68, "Accidental Release Prevention Requirements: Risk Management Programs.' Facilities that store hazardous chemicals above the designated threshold quantities are impacted by the regulations. Higher risk fadhties are mandated to assess potential risks to off-site pubhc and environment through a hazard assessment, create a multi-step prevention program, and implement a management system to oversee continued program implementation. Additionally, facilities must implement an emergency response plan to safely and efficiently mitigate any subsequent accidental release of a hazardous chemical. All subjected facilities must be in full compliance by June 21,1999. The CITY's WTP stores three chemicals identified as regulated substances in the Risk Management rule: · chlorine, · ammonia (anhydrous), and · propane Of these three, only chlorine is stored in quantities greater than the rule's threshold quantity (2,500 lbs. for chlorine). Therefore, the CITY is required to develop a Risk Management Program that incorporates procedures to be used in the use, handling, and storage of chlorine. Since the CITY's Water Treatment Plant is already subject to OSHA Process Safety Management (PSM) Rule 29 CFR 1910.119, the CITY will be required to meet Program 3 requirements of the Risk Management Rule. DFB/13783.DOC 1 Scope of Services The Risk Management Program is comprised of four (4) main elements: · Hazard Assessment; · Management System; · Prevention Program; and · Emergency Response Program. This proposal provides the scope of work and fee proposal to develop the Risk Management Program (RMP) for the CITY and to assist CITY staff width Program implementation. The CONSULTANT will provide project management for the CITY in accordance with the following task descriptions. The tasks will be completed by Ms. Rene Mathews of Mathews Consulting, Inc. (CONSULTANT's agent). Task 1-Hazard Assessment The CONSULTANT's agent shall perform a hazard assessment to evaluate the extent and consequences of a potential release of the regulated substance (chlorine). The effects of the release shall be evaluated under two release scenarios: (1) a worst-case release scenario and (2) a more likely alternative release scenario. The purpose of the scenarios is to estimate the extent (i.e. radius) of the release to an endpoint (toxic concentration) defined in the regulation. Using the conservative look-up table method provided by EPA and by using air dispersion modeling software (CAMEO/ALOHA developed by the National Safety Council, NSC, shall perform the hazard assessment). It is predicted that the air modeling software will present more accurate results with inclusion of existing passive and active mitigation devices (i.e. enclosed chlorine building, scrubber systems, etc.). The CONSULTANT's agent shall evaluate the release's offsite impacts on the affected population and environment. Population impacts shall be defined by estimating population within the endpoint's radius of influence using population figures provided by the CITY, or by using population data available through LANDVIEW II (a public domain computer model). In addition to quantifying the affected population, key public facilities such as hospitals, schools, churches, shopping centers, etc. must be identified. Environmental impacts shall be estimated by identifying any national or state parks, monuments, or wildlife sanctuaries/preserve areas that are within the same radius of influence. The CONSULTANT's agent shall complete the Hazard Assessment by lisffng a five-year accident history for the CITY's water treatment facility. A technical memorandum shall be prepared summarizing the results of the Hazard Assessment. The memorandum shall be submitted for approval prior to incorporation in the Risk Management Program. Task 2--Uanagement System The CONSULTANT's agent shall develop a Management System that clearly delineates the lines of authority, accountability, and responsibilities for the overall Risk Management Program. The management system is required for all Program 3 facilities. DFB/13783.DOC 2 Task 3--Prevention Program The Risk Management rule requires facilities to develop a comprehensive prevention program that aids in preventing the accidental release of hazardous chemicals. Most of the elements contained in the CITY's existing "Chlorine Process Safety Management Plan (PSMP), OSHA Standard 29 CFR 1910.119", August 1998, can be reciprocated for inclusion in the prevention program. However, some of the elements are incomplete (i.e. missing figures, piping schematics, meeting dates, etc.) or require supplemental information to meet all of the Risk Managements requirements. The CONSULTANT's agent shall review the following PSMP elements and modify/supplement as necessary for inclusion in the Risk Management Program: · Process safety information · Process hazard analysis (PHA) · Operating procedures · Training · Mechanical Integrity · Management of Change · Pre-startup review · Compliance audits (internal) · Incident investigation · Employee participation · Hot work permits · Contractors The CONSULTANT and CONSULTANT'S agent shall also assist CITY staff with outlining and scheduling implementation of the program. To date none of the initial implementation dates have been established or documented in the program. The CITY will be responsible for CONSULTANT's implementation of the training element and the process hazard analysis element. The CONSULTANT's agent shall assist the CITY in developing a schedule for implementation and for maintaining routine documentation. The process safety management information shall be incorporated into the final RMP doctunent once the supplemental information has been received and the implementation dates have been established. Task 4--Emergency Response Program The CONSULTANT's agent shall review the "Emergency Planning and Response" section of the CITY's PSMP and modify/supplement as necessary for inclusion in the Risk Management Program. It is assumed that the C1TY maintains an up-to-date and complete Emergency Action Plan (EAP) required by OSHA PSM. If an up-to-date and complete EAP is not available, the CITY may request the CONSULTANT to complete as additional services. Task 5--Risk Management Program and Plan' Submission The CONSULTANT and CONSULTANT's agent shall organize the data from Task ! through 4 into a comprehensive Risk Management Program. Four (4) copies of the program will be provided in hardbound three-ring binders with pre-printed tabs. DI=B/13783.DOC 3 The CONSULTANT shall assist the CITY with submitting the Risk Management Plan to the Florida Depaxh~-tent of Community Affairs (DCA). The Risk Management Plan submittal shall include the following elements: Executive Summary Registration · Worst-case data · Alternative release data · 5-year accident history · Prevention program data · Emergency response data · Certification It is anticipated that submittal will be made electronically by the CONSULTANT using EPA's RMP*Submit software, which is expected to be available via Internet after January 4, 1999. Task 6-Additional Services The CONSULTANT shall provide additional services as requested by the CITY. These services may include but are not limited to assistance with implementation of Risk Management Program or Process Safety Management Plan Elements. Assumptions The scope of services described above is based upon the following assumptions: 1. CITY shall provide a copy of the "Chlorine Process Safety Management Program" in electronic format (MS Word and MS Excel compatible formats). 2. CITY shall provide copies of all missing PSMP elements (i.e. diagrams, piping schematics, procedures, etc.) for incorporation into the RMP. If the missing elements are not available from the CITY, the elements can be provided by the CONSULTANT as described under Task 6--Additional Services. 3. City shall implement the required RIVIP/PSMP elements which include process hazard analysis and training. CONSULTANT is responsible for outlining and scheduling implementation of the program. Assistance in implementing the elements can be provided by the CONSULTANT as described under Task 6-- Additional Services. 4. This scope of services includes up to four (4) project meetings and/or site visits, and reimbursable expenses. Compensation to the CONSULTANT Compensation for professional consulting services described herein is estimated at $15,514. Compensation for services shall be in accordance with Article VII.A.1 of the AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor and expense charges per the Agreement. DF"d/13783.DOC 4 Project Schedule The project schedule is summarized below: Working Days from Notice Task to Proceed Task 1: Hazard Assessment 30 Task 2: Management System 45 Task 3: Prevention Program 45 Task 4: Emergency Response Program 60 Task 5: RMP/Plan Submission 75 DFB/13783.DOC 5 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 encom- passed by the previous service authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CH2M HILL, Inc. T~homas Mc~o~nic~, P.G. (Date) Vice President, Are'a Office Manager Jay Alperin, Mayor ' Attest: .... STATE OF FLORIDA /~fl- COUNTY OF BROWARD The foregoing instrument was Acknowledged before me this /~ day of ~ 1999, by Thomas McCormick, Area Manager, CH2M HILL, Inc., a Florida corporation, on behalf of The corporation. He is personally known to State of Florida _,a,v,?u~ DOROTHY L. GUMM 5.~L, ~ ~x,=~afs JAN 1, 2O00 -"s~,"ag=,~,4~ BONDED THRU cgF ~-~.,,r ATLANTIC BONDING CO., INC. DFB/13783.DOC 6 EXItlBIT A Estimated Costs for Developing a Risk Management Program for the City of Deiray Beach Water Treatment Plant Estimated Labor Hours Cost per Task No. Project Category Hour 1 2 21 4 5 Totals Vice President/Senior Consultant $100 ( Senior Manaser/Senior Consultant $100 Program Manager/Technical Consultant $98 Senior Project Manager/Technical $84 Senior Project Professional $75 2 Project Professional II $65 4! 1 1 1 3 1£ Project Professional I $56 Lead Technician Supervisor $69 Senior Technician $57 Certified Technician (Designer) $52 Technician (Drafter) $44 Junior Technician $38 C Technical Aide $34 Office Support $35 4 1 2 Labor Subtotal! $54'/ $65 $140 $174 $413 $1,338 Transportation C?.~. $0 Communication Charge . ~.~,.~.,~ $13 $1 $3 $4 $9 $30 Reproductions/Specs/Drawings ; ::~:~, ..~a'~.~ $20 SS $20 $8 $40 $96 Postage and Handling ~:~l~ $20 $8 $20 $12 $20 $80 Testing :L~.,~ $0 Laboratory Services :: ,~m.~,~ ~-,~ $0 Field F_ztuipment ~ $0 Auto Travel/Mileage ~outside PBC) ~.~~ $10 $10 $20 Mathews Consulting ',~,;,~ $7,500 $1,050 $3,150 $1,200 $1,050 $13,950 Expenses Subtotal ~ $7,563 $1,067 $3,193 $1,224 $1,129 $14,176 ,Project Total ~'~ $8,110 $1,132 $3,332 $1,398 $1,542 $15,514 Notes/Lege ,nd SAIO Costs.xls Page 1 1/11/99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY blA_lXlAGER~ SUBJECT: AGENDA ITEM ~.~. - REGULAR MEETING OF FEBRUARY 2, 1999 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: JANUARY 29, 1999 Marion McIntyre's term as the citizen-at-large representative on the Parking Management Advisory Board expires on January 31, 1999. The board's membership was amended to include the citizen-at-large position by Resolution No. 10-98 adopted by the City Commission on January 20, 1998. Mrs. McIntyre was appointed to serve the initial one year term. She is eligible and has asked to be considered for reappointment. The term is for two years, ending January 31, 2001. As of this date, Mrs. McIntyre is the only individual who has submitted an application for consideration. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. According to the rotation schedule, the appointment will be made by Commissioner Schmidt (Seat #1). Recommend appointment of a citizen-at-large representative to the Parking Management Advisory Board for a two year term ending January 31, 2001. ref:agmemol7 CITY OF DELEAY BEACH BOARD MEMBER APPLICATION ~OMt ADDkESS (Stree:, City, Zip Code) (LEGAL ~I P~INC~ BUSINESS ~D~SS (S~ree:, 0i~y, Zip Cod,) .. / ~IST ~L CITY BO~S ON ~IC~ ~OU ~ CU~N~Y SERVING SE~ (Please ~clu~e da~es) ZOUCATIONAL QUALIFICATIONS BA-~ ~ c~- i ! LIST ~ ~T~ PROFESSION~ CERTIFICATIONS ~ LICENSES ~IC~ YOU HOLD 4/90 TOTt~L P.O! MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~^~ SUBJECT: AGENDA ITEM # 7~ - REGULAR MEETING OF FEBRUARY 2, 1999 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD DATE: JANUARY 29, 1999 There is currently a vacancy on the Code Enforcement Board for a regular member (subcontractor position) to fill an unexpired term ending January 14, 2000. There is also a vacancy for an alternate member to serve a full three year term. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be made on the basis of experience or interest in the fields of zoning and building control. The membership shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor. While we have not received any applications specifically for the subcontractor position, the following applications have been received for consideration: eorge Brewer (architect) --~Roger M. Simon (real estate) / / Kevin Warner (engineer) A/ch~ck for municipal liens and/or code violations was conducted. ?ne/wer.e found. ~e/appointment will be made as follows: ~ ~--Commissioner Randolph - Regular member/subcontractor --------Mayor Alperin - alternate member Recommend appointment of a regular member (subcontractor position) to fill an unexpired term ending January 14, 2000, and an alternate member for a three year term ending January, 2002. ref:agmemol LIST'ANY i~ZLATED PI~0T~SSZOI~AL CZI~TIFICATIOHS AND LXC~NSZ$ UHI¢It YOU HOLD ~lVI: lOi~ ~IL~;SZFr, Olt ~OST IU~CZ'NT I~LOY'~, ~ ~0SZTI01~ DgSCILT. BE LrX~"RI~NCES, Erit'T1,L$ OR 1L'IqOU1.1::T)iTF, ~*'q:lTf:l:l QTIAI.TI~' Tg1TI TO S'ERVE BOAED MY.M~ER APPLICATION aO~ ~D~SS (S~reec, City, Zip Code) (LEC~'~SIDENCE) ~INC~ ~USINES$ ~D~¢S (Street, Cit~, Zip Code) LIST gL CI~ gO~S ON ~ICH ~OU ~ ~Y SERVING Og ~VE P~IOUSLY ~EE~ (Please include ~U~TION~ QU~IrICATZONS ~zs~ ~ ~~ P~orzss~o~ cz~:z~zcA~zo~s ~ ~zcz~szs ~zc~ ~ou ~o~ DESCRIBE E~ERIENC[S, SKILLS OR ~O~EDGE ~ICH QU~I~ ~0~ TO SERVE ON ~IS ~0~ TXON ~ ~USE ~O~EI~ ~ON ~ P~T O~ ~ ~POX~ X ~ ~CEI~. DATE ........ ROGER M. SIMON 1 Harbourside Drive, #3604 Delray Beach, Florida 33483 (561) 276-2728 (Home) Bom: May 21, 1948 at Williamsport, Pennsylvania Marded Health: Excellent Social Security Number: 162-38-8789 University of Pittsburgh School of Law, Pittsburgh, Pennsylvania, J.D. awarded May, 1973. University of Pennsylvania, Philadelphia, Pennsylvania, B.A. in History awarded May, 1970. EMPLOYMENT: 8/92 - Present, Realtor-Associate for Keyes Company Realtors, Boca Raton, Florida, with full responsibilities for marketing and sale of primarily residential properties. 4/90-8/92, Auction Manager and Residential Sales Associate ERA Florida Real Estate Specialists, Inc., Boca Raton, Florida 1989 - 3~90, Auction Manager, Auction Management, Inc. and AMI Real Estate, Inc., Juno Beach, Florida, with responsibilities including creation of marketing materials, advertising creation and coordination, and complete organization and implementation of real estate auctions. 1987 - 1989, Director of Marketing, Dryclean Development Systems, Inc., Delray Beach, Florida, with responsibilities including the sale of drycleaning plants, site selection and negotiation of leases throughout Flodda, and the secudng of bank financing for each store sold. 1986 - 1987, Florida licensed Realtor acting as a business broker employed by Certified Busine.ss Services, Inc., West Palm Beach, Florida, with responsibilities including the solicitation and listing of businesses for sale and the negotiation and sale of businesses. Roger M. Simon Resume Page Two 1984 - 1986, Real estate developer of projects including historic renovations and a residential subdivision, with responsibilities including negotiation of land purchase, resolution of governmental agency problems and marketing. 1979 - 1984, Central Pennsylvania Abstract, owner of a small title insurance agency servicing a group of independent attorneys with responsibilities including drafting of documents and performing all matters involving settlements. 1979 - 1981, Real estate broker and owner responsible for all operations of a for-sale-by- owner residential real estate agency employing between ten and twenty agents. 1977 - 1984, Self employed in general law practice with emphasis in real estate, administrative law, domestic law and litigation. 1974 - 1977, Staff counsel for the Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, with primary responsibilities in the interpretation of the applicable labor laws, evaluation of cases involving representation, unit clarification, unfair labor practices and implementation of collective bargaining agreements. 1973 - 1974, Special counsel for the Commonwealth of Pennsylvania, Department of Community Affairs, with full responsibility for the management and administration of a grant program assisting flood victims. REFERENCES: Personal and Professional references available upon request. .FF:'OH '- liP.. PHOIIE ~10. : 561 2E,E, 7369 .1'an. 06 i999 04:$1F'H Pi BOARD MEMBER APPLI¢&'rlON 1 S~ ~ip C~e ~. ~g~ ~i~ ~~ CJ~ ' 'Sma Zip 4. ~ci~ B~e~s AddreSS: ~ ~P-~7 't ~te COde 6. What Bo~d(s) ~e ~o~ i~terested in se~in~? .... / 7. List ali Ci~ Boards on which you are cu~*ntl~lse~in~ or Eave pr~viously s,~: (Pl,ase in¢lud¢ ~tes) ..... 9. List any ~late~ P~fessional ~.ifications and Ii.rises w~ich ~ou 10.' 'Give your present, or most recent employer, and position: ! l. Describ~ experiences, skills or knowledge which quali~ you to serve on this board: (Please attach a brief resume) ' ! hereby certify that al~ 'the above statements are true, and .r agree and understand that any misstatement of material facts contained io .th(s application may cause forfe/ture upon my part of any a~ointm I ceive. Note: This ipPlicatjon will remain on file in the City Clerk's Office for a l:~riod of 2 years from the ~lat¢'it was submitted, h will be the applicant's responsibility to ensure that a current application is on tile. KE'~IN P. WARNER · 248 Venetian Drive Deh'ay Beach, FL 33483 tel 561-266-8810 EXPERIENCE ABTECH INDUSTRIES (Scotlsdale, Arizona) New York, NY Vic~-Presid ent 1995-present · Help run small, start-up environmental products company LEHMAN BROTHERS, Institutional Fixed Income New York, NY Vice President. GENER_-kLIST S.-kLES 1985-92, 94-95 · Achieved consistently high success rate developing prospective clients. · Grew fu'm's profitability, visibility, and market share through dialogue with clients. · .Mmlyzed commercial and residential real estate transactions, new issue underxxxitings, and corporate bond credits. Vice President. RESE.-kRCH DEPARTMENT- PORTFOLIO ST1L-kTEGIST 1992-94 · Monitored and evaluated per/brmance offirm;s money manager clients. · Generated new business by developing investment strategies tbr clients. · Tripled revenues by expanding client reliance on sophisticated analytics. CITIB.S~NK, N.A., Institutional Fixed Income Neon' York, NY .Asst. Vice President. GENER.-kLIST SALES 1980-85 · Managed depository and mortgage banking client relationships. WASHINGTON, D.C. COUNCIL OF GOVERNMENTS W~shington, DC WATER RESOI_-RCE S PL.-L\ ."NER 1977-79 · Performed financial anah'sis tbr expansion of regional wastewater treatment system. · Wrote regional plan for land use application ofxvastewater. U.S. EN~TRONMENTAL PROTECTION AGENCY '~Vashinglon, DC W.-kTER RE SOURCE S ENGINEER 1973-76 · Identified regional needs for national wastewater treatment ~ants pro,am. · Helped streamline Em'iromnental Impact Statement review process. CONNECTICIrr DEPARTMENT OF ENVIRONMENTAL PROTECTION Hartford, CT ALR POLLUTION ENGI.NrEER 1972-73 · Increased industry compliance with state air pollution regulations. DISTRICT 7 SANITATION COI~.rNCIL - citizen action ~oup. New York City COMMIrNITY BOARD 7 - New York City governmental advisory body.'. 1985-98 V~'EST 77~h STREET BLOCK ASSOCL-kTION - local street association. EDUCATION PRINCETON UNIYERSITY, Bachelor of Science in Engineering, 1971 Princeton, NJ MEMORANDUM TO: MA~OR AND CITY COMMISSIONERS FROM: ~TY Mg2qAGER SUBJECT: AGENDA ITEM ~.~.- REGULAR MEETING OF FEBRUARY 2, 1999 INTEREST IN CONSIDERATION FOR PALM BEACH COUNTY LEAGUE OF CITIES APPOINTMENTS DATE: FEBRUARY 1, 1999 Attached are memoranda from the Palm Beach County League of Cities asking for letters of interest from anyone interested in being considered for appointment to the Airport Noise Committee and/or as an alternate member on the Treasure Coast Regional Planning Council. If the Mayor or any of the Commissioners is interested in being considered, please advise at the meeting and staff will prepare the appropriate letter of interest. ref:agmemo20 FF~C,M F'HC,NE Jar] 28, 1999 2:43 RECEIVED JAN 2 9 !~99 ---- CITY MANAGER Palm I each County I[AGII[ Of CIII[S, I C. P.O, BOX 1989, GOVERNMENTAL CENTER. VVEST PALM BEACH. FLORIDA 33402 (~61) $5-4484 FAX: (~61) 3~-~5 w~wv. taJle~@co.pahT~beach.ll.us MEMORANDUM TO: Cil'y Managers FROM: Robert A. Burdett Executive Director DATE: .Tanuary 28, 1999 tUg~TEeT: Citizens Committee on Airport Noise The League's appointment to the Airport Noise Committee is vacant due to Commissioner ~Toel Dave's resignation to run for Mayor_ ~e Committee meets quarterly during the day, but has one night meetin9 annually: the term ~s for three (3) years; the appointmen? should be an elected official. Please communicate thi~ information to your Council/Commission and forward letters of interest to the League office. PHONE N,.D.: ..Jar~ 28, 1999 2:44 F'M P :3/:3 Palm B ach Cou,tf [[AGU[ O[ CllI[S, linC. P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 3340~ (561) :3,55-4484. FAX: (,561) 355-65,45 www.tal[en@co.palrr~-beach.fl.u$ / MEMOI~ANDUM TO: Cil~ Managers FROM: Robert A. Burdett Executive Director DATE: Januar'y 28, 1999 SUig,TECT: Treasure Cost Regional Planning Council (TCRPC) Due to the appointment of Steve Abrams to a regular position on the TCI~PC, a vacancy exists for an alternate. The TCRPC meets monthly on the $'~ Friday at 9:30 A.M. in Stuart. Alternates are encouraged but not required to attend the meetings unless asked to fill in for a regular member. Please communicate this information to your Council/Commission and send letters of interest to the League office. M E M 0 R A N D U M RECEIVED Fi[il 0 ! 1999 TO: David T. Harden, City Manager CITY MANAGER Harty, City Clerklf~ FROM: Alison SUBJECT: PBC Leaque of Cities Appointments DATE: February 1, 1999 I spoke with Mr. Burdett re the attached. If we have any interest, he would like to know by the next Directors meeting on February 10th if possible. Perhaps you could bring it up under your comments at tomorrow night's meeting just to see if anyone is interested. If so, we could finalize it at a special meeting with the workshop next Tuesday. If not, we'll still have an answer for the League. Or I can just schedule it as a special item on February 9th. Please advise. Thanks. AMH/m MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/ SUBJECT: AGENDA ITEM #/~)~- REGULAR MEETING OF FEBRUARY 2, 1999 ORDINANCE NO. 4-99 (IN LIEU OF PARKING REGULATIONS) DATE: JANUARY 29, 1999 This is second reading and a public hearing for Ordinance No. 4-99 which amends LDR Section 4.6.9(E), "Location of Parking Spaces", to provide for revised in lieu of parking regulations. This ordinance reflects the direction provided by the City Commission at the January 12th workshop. In summary, the in lieu of parking fee option remains available in four areas and at four rates, as follows: CBD (East of Intracoastal) $14,000/space CBD (West of Intracoastal) $12,000/space Pineapple Grove/OSSHAD $ 6,000/space West Atlantic Avenue $ 4,000/space The option to finance the fees for the east and west CBD areas has been eliminated. Financing with no interest remains available for Pineapple Grove, OSSHAD and the West Atlantic Avenue areas as an additional redevelopment incentive. A sunset date of two years is provided in the ordinance. The in lieu fee option will be reevaluated at that time to determine if it is still necessary. Also, the changes to the parking requirements for restaurants in the CBD has been deleted from the ordinance. That issue will be studied separately for future consideration. At first reading on January 19, 1999, the Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 4-99 on second and final reading. ref:agmemol2 ~~2. /~/l/~/j ~~~ ORDINANCE NO. 4-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF- STREET PARKING REGULATIONS" , SUBSECTION 4.6.9 (E) , "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, A SUNSET CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that in lieu of fees serve the public interest by contributing toward relieving the parking problem in the City's CBD, CBD-RC, OSSHAD and GC (West Atlantic Avenue Overlay) zoning districts; and WHEREAS, the City Commission has determined that the amount of in lieu of fees paid for a particular property should be based upon the location of the property for which in lieu of fees are sought; and WHEREAS, the City Commission has determined that funds from the in lieu of fees shall be used for parking purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Location of Parking Spaces: (1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E) (3) (e), the cost of construction of additional on-street public parkinq may be used to offset the total dollar amount due under an in-lieu fee aqreement with the City. (2) Required off-street parking shall be provided on the same lot or parcel as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is authorized only in the CBD, CBD-RC, OSSHAD and GC (West Atlantic Avenue Overlay District) zoning districts in compliance with the supplemental district regulations provisions therein. ~/ Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in-lieu fees are beinq souqht. Area descriptions and correspondinq fee amounts are hereby established as follows: (1) Area t: Parcels located east of the Intracoastal Waterway which are zoned CBD - $14,000 per space. (2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area - $12,000 per space. (3) Area 3: Parcels located within the OSSHAD zoninq district and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC - $6,000 per space. (4) Parcels located within the West Atlantic Avenue Overlay District which are zoned GC - $4,000 per space. - 2 - Ord. No. 4-99 Ail proceeds from such a fee shall be used for parking purposes. For those parcels located in Area 1 or Area 2, the in-lieu fee shall be paid in full at the time of submission of a building permit application. For those parcels located in Area 3 or Area 4, the in-lieu fee may be paid in full at the time of submission of a buildinq permit application or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parkinq Fee Aqreement with the City. Such aqreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obliqations imposed by such an In-Lieu of Parkinq Fee Aqreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assiqns. The restrictive covenant shall be released upon full payment of the in-lieu parkinq fees includinq attorneys' fees and costs. In-Lieu of Parkinq Fee Aqreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parkinq Fee Aqreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon siqninq the aqreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the siqninq of the aqreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the siqninq of the aqreement. There shall be no interest due under this payment schedule. - 3 - Ord. No. 4-99 -. (e) In addition to in-lieu fees due, where adequate riqht-of-way exists adjacent to a proposed project for which an in-lieu parkinq fee has been approved, the applicant must construct additional on-street parkinq, not to exceed the total amount of spaces subject to in-lieu fees unless authorized by the City Commission. The total in-lieu fee due shall be reduced by an amount equal to the actual construction costs, but in no event to exceed total in-lieu fees, for these on-street spaces includinq street liqhting. Additional credit, not to exceed 10% of the total fee, may be taken for the actual construction costs of approved streetscape beautification elements in the public riqht-of-way. Beautification improvements may include, but are not limited to, paverbrick walkways, street furniture and landscapinq. Credit may not be taken for those streetscape elements listed in Section 4.4.13(I) (2) (f) which are required to meet the performance standards for new developments in the CBD which exceed 30 dwellinq units per acre. Neither credit for construction of on-street spaces, nor credit for construction of beautification elements shall be reimbursed until such construction has been fully completed. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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. Ord. No. 4-99 Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. Section 5. That this ordinance shall automatically sunset and be repealed two years from the date of its final adoption, unless the City Commission, after review, acts to reenact the ordinance. Repeal of the ordinance shall not affect In-Lieu of Parking Fee Agreements entered into prior to repeal of the ordinance and all in-lieu fees owing to the City upon repeal of the ordinance shall be paid as set forth in this ordinance and in the In-Lieu of Parking Fee Agreements. PASSED AND ADOPTED in regular session on second and final reading on this the 2nd day of February , 1999. ATTEST: JCity'-~rk ' First Reading January 19, 1999 Second Reading February 2, 1999 - 5 - Ord. No. 4-99 SUBJECT: CITY COMMISSION MEETING OF JANUARY t9, 1999 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR'S) DEALING WITH IN-LIEU PARKING FEE PROVISIONS. The second reading of the ordinance amending the in-lieu parking fee regulations was considered at the December 7, 1998 City Commission meeting. Several representatives of Pineapple Grove Mainstreet attended the meeting and spoke in opposition to the proposed ordinance to increase the in-lieu parking fee from $6,000 to $12,000. Opposition was also expressed by the CRA Director and others involved in downtown redevelopment efforts, because of concerns that the fee increase and revisions to restaurant parking regulations were excessive. The City Commission decided to table action on the ordinance until January in order to give the Parking Management Advisory Board (PMAB) an opportunity to review the fee options and consider using different fees for each area based on cost. The Parking Management Advisory Board reviewed the proposed in-lieu fee provisions for a second time at its meeting of January 4, 1999. Discussion was limited to the fee schedule, financing provisions and restaurant parking requirements. No changes were proposed for the other provisions of the ordinance. It was recommended that the proposed changes in parking regulations for restaurants be deleted from the proposed ordinance for additional study. The Board discussed financing issues, and whether or not interest should be charged. Under the financing schedule recommended by the PMAB, 50% of the fee would be due at signing of the agreement, 0% due on the first anniversary date, 25% on the second anniversary date and 25% on the third anniversary date. This schedule gives the developer 2 years to recover from the initial payment before the second payment is due. Discussion on the fee amount was centered on whether or not to have one fee or divide the area into districts with fees based on land values. The Board recommended dividing the area into four districts with the following fee schedule: CBD, East of Intracoastal: $14,000; CBD, West of Intracoastal - $12,000; Pineapple Grove Mainstreet and OSSHAD - $7,000; and, the West Atlantic Avenue Redevelopment Area - $5,000. The City Commission discussed the recommendations of the PMAB at its January 12, 1999 Workshop. The Commission felt that additional incentives were necessary to encourage redevelopment within Pineapple Grove Mainstreet, OSSHAD and the West Atlantic Avenue Redevelopment Area. Staff was directed to reduce the fees by approximately 20% in these areas. The Commission also directed staff to eliminate the option to finance the fees for the east and west CBD areas. Pineapple Grove Mainstreet, OSSHAD and the West Atlantic Avenue Redevelopment Area would retain the option to finance the fees as an additional redevelopment incentive. The Commission agreed with the PMAB that no interest should be charged when the fees are financed. The Commission also agreed that changes to the parking '- City Commission Documentation Meeting of January 19, 1999 - In-Lieu Parking Fees Page 2 requirements for restaurants in the CBD be deleted at this time. The Commission directed staff to include a sunset date of 2 years in the proposed Ordinance. The in-lieu fee option will be reevaluated at that time to determine if it is still needed as a redevelopment incentive. The final fee structure included in the proposed ordinance is as follows: $14,000 $12,000 $ 6,O00 $ 4,000 By motion, approve the proposed amendments to LDR Section 4.6.9(E), Location of Parking Spaces, as attached, based on a finding that the amendment furthers the goals, objectives and policies of the Comprehensive Plan which relate to the revitalization of the downtown area. Attachments: · Proposed In-Lieu Fee District Map · Proposed LDRAmendment 0 (D · 0 0 0 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MA_NAGER~ SUBJECT: AGENDA ITEM #lo~ - REGULAR MEETING OF FEBRUARY 2, 1999 ORDINANCE NO. 3-99 (TWO HOUR PARKING AT VETERANS PARK) DATE: JANUARY 29, 1999 This is second reading and a public hearing for Ordinance No. 3-99 which amends Chapter 73, "Parking Schedules", of the City Code to provide for a two hour parking limit between the hours of 8:00 a.m. and 8:00 p.m. in the parking spaces at Veterans Park. This item was reviewed by the Commission at the January 12th workshop. The original recommendation was to install parking meters in the lot. However, the City Commission felt that a two hour limit should be tried first and be monitored over the next six (6) months to determine if it has any impact on parking availability. As discussed, free parking passes for the Adult Recreation Center and the Ramblin' Rose II will be implemented administratively to allow free parking for these customers beyond the two hour limit. At first reading on January 19, 1999, the Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 3-99 on second and final reading. ref:agmemol3 ORDINANCE NO. 3-99 ~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 73, "PARKING SCHEDULES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SCHEDULE I. TO PROVIDE FOR A TWO-HOUR PARKING LIMIT IN THE PARKING SPACES AT VETERANS PARK; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Director of Parks and Recreation has requested parking restrictions in the parking areas at Veterans Park; and WHEREAS, the Parking Management Advisory Board has reviewed this request and recommended the imposition of a two-hour parking limit in the Veterans Park lot; and WHEREAS, the City Commission finds this change to be in the best interests of the citizens of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title VII, "Traffic Code", Chapter 73, "Parking Schedules", Schedule I., Subsection (A) (2), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (2) The two-hour parking restriction shall apply in the following described City-owned parking lots: Lot 8 and the south six inches (6") of Lot 9, and Lots 24 and 25, Block 92, Plat of the Town of Delray, Plat Book 1, Page 3, according to the Public Records of Palm Beach County, Florida. Lots 14, 15 and 16, Block 101, Plat of the Town of Delray, Plat Book 1, Page 3, according to the Public Records of Palm Beach County, Florida. Lot 16 and the north 26.33 feet of Lot 17, and Lots 8 and 9 (less the south 42.5 feet), Block 109, Plat of the Town of Delray, Plat Book 1, Page 3, according to the Public Records of Palm Beach County, Florida. The south 60 feet of Lots 4 through 6, inclusive, the north 16 feet of Lots 7 and 13, and including the east/west 16 foot alley, Block 77, Town of Delray. Parking spaces on the east side of the Florida East Coast (F.E.C.) Railway, lying west of Lot 8, Block 92, Town of Delray. Parkinq sDaces located within Veterans Park, Tract A and B, Plat of Veterans Park, Plat Book 75, Paqe 169, accordinq to the Public Records of Palm Beach County, Florida. Section 2. That Title VII, "Traffic Code", Chapter 73, "Parking Schedules" Schedule I Subsection (B) of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Time limit. Parking or standing a vehicle in a designated space in the parking areas or zones described in subsections (A) (1) and (2) of this schedule shall be lawful for two hours. Parking or standing a vehicle in designated parking areas or zones described in subsection (A) (3) of this schedule shall be lawful for eight hours. The two-hour or eight-hour parking, whichever is applicable, shall be in effect every day between the hours of 8:00 a.m. and 6:00 p.m., except for the Veterans Park lot which shall be from 8:00 a.m. to 8:00 p.m., and except Sundays and holidays; provided, that within the meaning of this section, the term holiday shall include New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and the days upon which the Delray Affair is held. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. - 2 - Ord. No. 3-99 PASSED AND ADOPTED in regular session on second and final reading on this the 2nd day of February , 1999. ATTEST: First Reading January 19, 1999 Second Reading February 2, 1999 ! - 3 - Ord. No. 3-99 S.E. 1ST AVE. N.E. 1ST AVE. ~ S.E. 2ND AVE. N,E. 2ND AVE:. z ~ (~ S.E. 4TH A~. N.E. 4TH A~. ~ Z s.E. 6TH AVE. (U.S~HY. No.1) NORTHBOUND N.E, 6TH AVE. 0 ' < PALM SQUARE IN T~A COA S TAL WA TER WA [lTV DF DELRI:IV BEI:I£# DELRAY BEACH 100 N.W. lstAVENUE * DELRAY BEACH. FLORIDA 33444 · (561)243-7000 MEMORANDUM 993 City Manager FROM: ~ Robert A. Barcinski Assistant City Manager DATE: January 7, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION WORKSHOP JANUARY 12, 1999 VETERANS PARK PARKING LOT At the Parking Management Advisory Board meeting on January 4, 1999, the Board unanimously voted to recommend to City Commission to install parking meters in Veterans Park parking lot, with 2 hour limits, from 8:00 a.m. to 8:00 p.m., and implement a system to allow patrons of the Adult Center and customers of the Ramblin Rose to park for no charge. This item is on the agenda for discussion and direction from City Commission. In May of 1998, we received a request from Mr. Weldon to reserve the east side of the lot for park and adult center use only. The reason for the request was that spaces were being used by employees of businesses in the area and the booting being done at Atlantic Plaza, adding an additional burden on the lot's use. This was negatively impacting the programs at the Adult Center and park use. The Board felt that reserving these spaces would be difficult to enforce and that a better option might be to meter the lot or set time limits. However, the Board felt that a solution to the booting problem in Atlantic Plaza should be reached first and directed that I, along with the Chamber of Commerce's assistance, try to resolve this problem. Mr. Wood has met with the manager many times and discussed by telephone with the owner different options to · .. resolve the booting problem. We have been unsuccessful in trying to work out any sort of agreement or compromise with the owner and do not think we will. In the meantime, the parking problem at Veterans Park has gotten worse, especially now at the height of the season. Employees of many of the businesses in the area are using this lot even in the evening. The Board recommended installing two hour parking meters to try to alleviate some of the impacts on this lot from employee parking. The recommendation also includes issuing date and time stamped window passes to patrons of the Adult Center and the customers of the Ramblin Rose II so that they would not have to pay to park. This item is on the agenda for discussion and input from City Commission. RAB/tas Attachments Dae : O l O",9~ doc THE EFFORT ALWAYS MATTERS TO: DAVID T. HARDEN CITY MANAGER DEPARTMENT~OF AND ZONING FROM: JA~L~KS, SENIOR pI~ANNER SUBJECT: MEETING OF FEBRUARY 2, 1999 CORRECTIVE REZONING FROM R-IAA (SINGLE FAMILY) TO CF (COMMUNITY FACILITIES) FOR :3.4 ACRES OF THE ST. VINCENT FERRER CHURCH/SCHOOL PROPERTY SITUATED BETWEEN GEORGE BUSH BOULEVARD AND NE 6'" STREET AND BETWEEN NW 8'" AVENUE AND PALM TRAIL. The entire church property (9.8 acres) was zoned R-1AA (Single Family) prior to the Citywide rezoning associated with the approval of the Land Development Regulations in 1990, when the northern half of the site was changed to CF (Community Facilities). It is believed that the zoning on the southern half (Lots 4-8, Replat of Martha's Vineyard plat containing approximately 3.4 acres) was not changed at that time as it contains several residential structures, and that the old zoning maps only identified the northern parcel as being included in the church's holdings. This was an error, as the southern half of the property has been owned and utilized by the church since at least the mid 1970's. At its meeting of January 5, 1999, the City Commission initiated the corrective rezoning to CF. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of January 25, 1999, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the rezoning. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend approval of the rezoning from R-1AA to CF for St. Vincent Ferrer Church, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve the rezoning from R-1AA to CF for St. Vincent Ferrer Church based upon the findings of the Planning and Zoning Board, and setting a public hearing date of February 16, 1999. Attachments: P& Z Staff Report and Documentation of January 25, 1999 ORDINANCE NO. 5-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-I-AA (RESIDENTIAL SINGLE FAMILY) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF THE ST. VINCENT FERRER CHURCH PROPERTY LOCATED 480 FEET SOUTH OF GEORGE BUSH BOULEVARD BETWEEN N.E. 8TH AVENUE AND PALM TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-I-AA (Single Family Residential) District; and WHEREAS, at its meeting of January 25, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted unanimously to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: Lots 4 thru 8, Replat of Martha's Vineyard, as recorded in Plat Book 23, Page 123 of the Public Records of Palm Beach County, Florida. Together With Twenty foot (20') platted road right-of-way abandoned by the City of Delray Beach Resolution No. 1480, dated April 24, 1964, as recorded in Official Record Book 1016, Page 123, Palm Beach County, Florida. The subject property is located 480 feet south of George Bush Boulevard, between N.E. 8th Avenue and Palm Trail; containing 3.4 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 5-99 I' ~ IIIII I1"1 II II I FERR£R CHURCH DELRAY 7TH ST. ACURA i % M.S.A. M.S.A. TRACT OF TRACT DELRA Y BEACH's, i ITE WAL - ~ B AC RI N REZONING - PORTION OF ST. VINCENT FERRER CHURCH SITE - cl'r~ o~" D[[J~AY BEACH, FL II~I-ANNINI~ & ZONING D£PARI'M['NT FROM: R-l-AA (SINGLE FAMILY RESIDENTIAL) TO: CF (COMMUNITY FACILITIES) -- O/G/T~E. ~ MAP ,5"Y~/'E'M -- MAP R£F: LM316 PLANNING'-AND ZONI'NG BOARD CITY OF DEEP, AY BEACH ---STAFF REPORT--- MEETING DATE: January 25, 1999 AGENDA ITEM: IV.A. ITEM: City Initiated Rezoning From R-1-A (Single Family Residential) to CF (Community Facilities) For a Parcel of Land Owned by St. Vincent's Church, Located 480' South of George Bush Boulevard, Between N.E. 8th Avenue and Palm Trail. '4~"~ '] ' ', ' '. ! ' ' ~ C--//7~7 ,~.~'-I~TM r~--~,l II---] I"'-I~ l'-'q~ I ~ ',. I,,. f ~ I __'.._ I--'T~) ] GENERAL DATA: Owner ........................................ Symons J. Keith - Diocese of Palm Beach Applicant .................................... David T. Harden, City Manager Location ..................................... 480' south of George Bush Boulevard, between N.E. 8th Avenue and Palm Trail. Property Size ............................. 3.39 Acres F.L.U.M. Designation ................. LD (Low Density Residential, 0-5 d.u./ac.) Current Zoning .......................... R-l-AA (Single Family Residential) Proposed Zoning ....................... CF (Community Facilities) Adjacent Zoning ............... North: CF East: R-l-AA South: R-l-AA West: R-1,AA Existing Land Use .................... Two single family residences, storage facility for the church and basketball courts. Proposed Land Use ................... Rezoning to accommodate the construction of a school gymnasium. Water Service ............................ Existing on site. Sewer Service ........................... Existing on site. IV.A. The action before the Board is making a recommendation on a rezoning request from R-1AA (Single Family) to CF (Community Facilities) for St. Vincent Ferrer Church/School. The St. Vincent Ferrer Church/School property is situated between George Bush Boulevard and NE 6th Street and between NW 8t~ Avenue and Palm Trail. The property that is the subject of the rezoning consists of approximately 3.4 acres. Pursuant to Section 2,2,2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The entire church property (9.8 acres) was zoned R-1AA (Single Family) prior to the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990, when the northern half the parcel was changed to CF (Community Facilities). It is believed that the zoning on the southern half of the parcel (Lots 4-8, Replat of Martha's Vineyard plat containing approximately 3.4 acres) was not changed at that time as it contains several residential structures, and that the old zoning maps only identified the northern parcel as being owned by the church. This was an error, as the southern half of the property has been owned and utilized by the church since at least the mid 1970's. St. Vincent Ferrer Church wishes to construct a new building on the southern half of their property, which will include a gymnasium, new facilities for pre- kindergarten children and a new meeting hall (the existing hall is to be demolished). These uses would not be permitted under the R-1AA zoning designation. Therefore, a rezoning to CF is required. At its meeting of January 5, 1999, the City Commission initiated a corrective rezoning from R-1AA (Single Family) to CF (Community Facilities) for St. Vincent Ferrer Church for Lots 4-8 Replat of Martha's Vineyard. ZONING ANALYSIS: REQUIRED FINDINGS: (Chapter 3): 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, 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 following four areas. P&Z Staff Report Rezoning from R-1AA 'F for St. Vincent Ferrer Church/School Page 2 Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject property is Low Density Residential. The requested zoning change is from R-1AA to CF. The proposed zoning designation of CF is consistent with the Low Density Residential Future Land Use Map designation. Pursuant to LDR Section 4.4.21(B)(5) churches with attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday School), recreational, and support facilities are allowed as a permitted use in the CF zone District. 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. Streets and Traffic: A traffic impact study was not submitted with the request. The current R-1AA zoning designation generally permits single family dwellings. Palm Beach County Traffic Performance Standard Ordinance establishes traffic generation rates of 10 ADT per single family dwelling. Development of the site under the R-1AA zoning would accommodate 5 single family dwellings generating 50 ADT. No additional trips will be generated by the change in zoning based on the development proposal for a gymnasium, which is considered an accessory use to the school/church. Enrollment at the school will not increase with this proposal. Water and Sewer: Preliminary engineering plans were not submitted with the application. However, water and sewer service is available to the site via existing 8" mains located within Palm Trail. The addition of a gymnasium and relocation of existing classrooms and meeting facilities will create little or no impact on meeting this level of service. Parks and Recreation: Parks and Recreation dedications do not apply to non-residential developments. Solid Waste: The Solid Waste Authority does not object to projects which generate less than 10 tons of solid waste per year. As the generation rate for a gymnasium as an accessory use to the school is negligible there will be minimal impact on this level of service. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section .P&Z Staff Report Rezoning from R-1AA :F for St. Vincent Ferrer Church/School Page 3 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies that apply are as follows: A) That a rezoning to other than CF within stable residential area shall be denied. The subject property is located within a neighborhood classified as "Stable" in the Housing Element of the Comprehensive Plan. The request is for a rezoning to CF, thereby meeting the above standard. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Parcels adjacent to and near the subject parcel to the south, southeast and southwest are primarily residential. Parcels adjacent to and near the subject parcel to the north, northeast and northwest are primarily commercial. The corrective rezoning will allow the use to be conforming and allow significant upgrading of the school, which has not experienced any compatibility problems to date. Section 2.4.5(D)(5) {Rezonin9 Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. .. .P&Z Staff Report Rezoning from R-1AA ;F for St. Vincent Ferrer Church/School ' Page 4 Item "a" above applies in this situation. With the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990, the entire parcel (9.8 acres) owned and utilized by St. Vincent Ferrer Church should have been zoned to CF. Therefore, the rezoning was established in error. The change in zoning will allow the existing land use to be conforming in the zoning district. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. As the request is a City initiated corrective rezoning, a formal site plan has not been submitted for review. I I I I The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Courtesy Notice: Courtesy notices have been sent to the following homeowner's and civic associations. Fred Ebner Kevin Hall North Palm Trail Palm Trail Association Alex Speer Alexa McGrady North Palm Trail La Hacienda Association Sherry Hillman Frank Devine Palm Trail Association Beach Property Association Letters of objection or support, if any, will be presented at the P & Z Board meeting. .P&Z Staff Report Rezoning from R-1A~ ;F for St. Vincent Ferrer Church/School Page 5 The proposed rezoning of the subject property from R-1AA to CF is corrective and will allow existing and proposed uses to be consistent with the existing land use. It will accommodate the upgrading of facilities associated with the existing school and church. The CF zoning district is consistent with the LD FLUM designation. Required positive findings with respect to Section 2.4.5(D)(5) (rezoning Findings), Section 3.1.1, and the performance standards of Section 3.3.2 can be made. Based on the above, the proposed rezoning from R-1AA to CF is recommended for approval. ALTERNATIVE ACTIONS: A. Continue with direction. B. Recommend rezoning of the subject property from R-1AA to CF for St. Vincent Ferrer Church, based on positive findings with respect to Section 2.4.5(D)(5) (rezoning findings), Section 3.1.1, and the performance standards of Section 3.3.2. C. Recommend denial of a rezoning, based on a failure to make positive findings to LDR Section 2.4.5(D)(5) with reasons stated. Recommend approval of the corrective rezoning for Lots 4-8, Replat of Martha's Vineyard from R-1AA (Single Family) to CF (Community Facilities) for St. Vincent Ferrer Church/School, based upon positive findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: * Location Map TO: DAVID T. HARDEN, CITY MANAGER ~ '" ~ THRU: DIANE DOMINGUEZ, ~,I~CTOR?~ P N'~~N~ A/ND ZONIN~~/~ SUBJECT: MEETING OF FEBRUARY 2, 1999 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM LOW DENSITY RESIDENTIAL TO COMMUNITY FACILITIES-PUBLIC BUILDINGS, AND REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF S.W. 2"~) AVENUE, BETWEEN S.W. 6TM AND S.W. 7TM STREETS, ASSOCIATED WITH THE EXPANSION OF THE CITY'S WATER TREATMENT PLANT. The FLUM amendment and rezoning are being processed to accommodate the construction of a chemical storage building associated with the City Water Treatment Plant, which is located directly west of the subject site. The FLUM and zoning designations of the subject property are being changed to the same classifications as the Water Treatment Plant to accommodate the inclusion of this new use and building. Associated with this project is a request to close a portion of S.W. 2"~ Avenue north of S.W. 7m Street, which will be considered at the City Commission meeting of February 16, 1999. Additional background and analysis of the request is found in the attached Planning and Zoning Board staff report. At its meeting of January 25, 1999, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. While there was no public testimony regarding the rezoning, during the hearing on the related street closure, a resident of the area expressed concern regarding the nature of the chemicals being stored. Staff explained that the chemicals are inert and are not classified as hazardous materials. The Board then unanimously voted to recommend approval of the FLUM Amendment and rezoning to the City Commission. By motion, approve on first reading the ordinance for the FLUM amendment from LD (Low Density Residential) to CF-P (Community Facilities-Public Buildings) and the rezoning from R-l- A (Single Family Residential) to CF (Community Facilities), based upon positive findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of February 16, 1999. Attachments: · Planning and Zoning Staff Report · Ordinance by Others ORDINANCE NO. 6-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM LD (LOW DENSITY RESIDENTIAL) TO CF-P (COMMUNITY FACILITIES-PUBLIC BUILDINGS), AND REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT, FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF S.W. 2ND AVENLrE BETWEEN S.W. 6TH STREET AND S.W. 7TH STREET, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as LD (Low Density Residential 0-5 dwelling units/acre); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-1-A (Single Family Residential) District; and WHEREAS, at its meeting of January 25, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item at a public hearing and voted unanimously to recommend approval of the small scale FLUM amendment and rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the legal description of the subject property is as follows: Lot 8, Nichols First Addition to Delray Beach, Florida, according to the Plat thereof, as recorded in Plat Book 21, Page 69 of the Public Records of Palm Beach County, Florida; TOGETHER WITH The West 57 5 feet of Lot 9, Sellers Addition to Delray Beach, Florida, according to the Plat thereof, as recorded in Plat Book 22, Page 17 of the Public Records of Palm Beach County, Florida. The subject property is located on the east side of S.W. 2nd Avenue, between S.W. 6th Street and S.W. 7th Street; containing 0.41 acres, more or less. Section 2. That the Future Land Use Map in the Comprehensive Plan of the City of Delray Beach, Florida, is hereby changed to reflect a land use designation of CF-P (Community Facilities-Public Buildings) for the subject property. Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c)4. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the subject property. Section 5. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 7. 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 8. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land - 2 - Ord. No. 6-99 uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading ii - 3 - Ord. No. 6-99 $.W.,_..~ I 3RD ~ ., $.£. 5RD ST ~,RD .~ ---~ ~: MERRITT <~ ~ ~ ~ -- DRUG ABUS~FOUNDA TION J WATER~'''''''' I I I I I I I I z~ --= . TREATMENT S.w. 6TH ST. ~__1 ., ~.w. '~ '~ ~" Ill - · I~ ~1 ??s - ~ ~ t 10TH ST. IIIIIIII PINE GRO~ ~ ~ ~ONDO5 CF'S ~c~oo~ ~ ~ N CHEMICAL STORAGE BUILDING ~ - FUTURE LAND USE MAP AMENDMENT - FROk~: LO (LOW OEN$1TY, O-5 d.~./~.) TO: CI~-P (CO~MUNiTY FA~".tLITI£$-PU~BLtC 0~L~AY 8EACH, FL ZONING DEPARTMENT A' WATER WELL I=ROT£CTION ZONE 1 I I I la · _ WATER lt~:LL PROTECTION ZONE ~ ~ .~'~'~"2'Z'~I~ -- MAP RE[r: LM.~10 ~ I ~ MERRITT ~ ~ ---.. ~ ., i < ,., pARK ¥ F._ ..,~-" ,~-'~ ~--- - ~ | | ~ PALM BEACH COUNTY $.W. ," 6TH $1. .' . . 1. .W 6TH ST. J"" PLANT m ; ,Ifil CF ~ ,, ,co~o~~ $.W. 8TH $.W. 8'IH COUR? e,.W. 9TH '-~.W. lOTH JJJjJJJ PIN£GROV~ ~i~'r [N CHEUlCAL STOEAGE BUILDING ~ - REZONING - O~ ~ ~LRAY BEACH, ~ PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: January 25, '1999 AGENDA ITEM: IV.D. ITEM: city Initiated Future Land Use Map (F.L.U.M.) Amendment From LD (Low Density Residential) to CF-P (Community Facilities-Public Building) and Rezoning From R-1-A (Single Family Residential) to CF (Community Facilities) For a Parcel of Land Located on the East Side of S.W. 2nd Avenue, Between S.W. 6th and 7th Streets, Associated with the Expansion of the City's Water Treatment Facility. 3RD, GENERAL DATA: · $.W. =, II Owner ..................................... City of Delray Beach, Florida Applicant ................................. David T. Harden, City Manager I. I PAL~ BEACH COUNr~' Location .................................. East side of S.W. 2nd Avenue, C,T~ Or DELRA~' BEACH I-- PUBLIC WORKS 1 between S.W. 6th & 7th Streets. COMPLEX / Property Size .......................... 0.41 Acre L F.L.U.M Designation ............... LD (Low Density, 0-5 d.u./ac.) Proposed F.L.U.M CF-P (Community Facilities- PLANT ]~~~FW 1. '1 Designation ............................. Public Building) Existing City Zoning ................ R-1-A (Single Family _ Residential) Adjacent Zoning ............ North: R-1-A East: R-1-A IIII South: R-1-A ~[tt111111111111111111 West: CF Existing Land Use .................. Vacant land and single family residence I IIIIIIII Proposed Land Use ................ Future Land Use Map for more appropriate designation the use of the parcels. Water Service ......................... N/A Sewer Service ......................... N/A · . 0THS W 1 ST. IV.D. I : ITEM BEFORE THE BOARD J The item before the Board is that of making a recommendation on a City initiated Small-Scale Future Land Use Map Amendment from LD (Low Density Residential, 0-5 du/ac) to CF-P (Community Facilities-Public Buildings) and a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for a property associated with the City Water Treatment Plant. The subject property is located at the northeast corner of S.W 2r~ Avenue and S.W. 7~ Street. ~ ::B A C K G R O U N D .. ~ The proposal incorporates Lot 8 (Nichols Addition to Delray Beach Subdivision) and the western 57.5 feet of Lot 9 (Sellers Addition Subdivision), and contains .41 acre. Lot 8 is developed with a vacant single family residential home. A wooden power pole runs along the north property line. Lot 9 is currently vacant. The City recently purchased the subject lots and requests to change the zoning and Future Land Use Map designations are now before the Board. I ,, PROJECT DESCRIPTION The proposal is to change the Future Land Use Map designation from LD (Low Density Residential, 0-5 du/ac) to CF-P (Community Facilities-Public Buildings) and to rezone the property from R-1-A (Single Family Residential) to CF (Community Facilities). The FLUM amendment and rezoning are being processed to accommodate the construction of a chemical storage building associated with the City Water Treatment Plant, which is located directly west of the subject site. The storage building will house poly phosphates for water treatment, and portable generators. The chemicals are inert and not a health hazard. The Water Treatment Plant is zoned CF and has a CF-P FLUM designation. The zoning and FLUM designations of the subject property are being changed to the same classifications as the Water Treatment Plant to accommodate the inclusion of this new use and building. Associated with this project is a request to close a portion of S.W. 2~ Avenue north of S.W. 7th Street which is also before the Board for consideration. FUTURE LAND ~USE MAP ~AM'END'MENTi~NALYSIS J This Future Land Use Map amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small P & Z Staff Report Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning Page 2 scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. The Future Land Use Map amendment involves a .41 acre area, thus the total area is less than the 10 acre maximum. The property is not located within the City's traffic concurrency exception area, but is within the community redevelopment area. However, the cumulative effect of the amendments processed does not exceed 120 acres within this area. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet, within the last year. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed CF-P (Community Facilities-Public Buildings) Future Land Use Map designation is consistent with the proposed CF (Community Facilities) zoning classification. The proposed amendment to CF-P is being processed concurrent with a request for rezoning to CF to accommodate the proposed chemical storage building associated with the Water Treatment Plant. The current LD FLUM classification is also consistent with the proposed CF zoning. However, given that the Water Treatment Plant has a CF-P FLUM designation, and the new building will be part of this facility, it is appropriate that the accessory storage building be reclassified to the same CF-P designation. P & Z Staff Report Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning Page 3 Adjacent Land Use Designations, Zoning Designations & Land Uses: North, East and South: North, east, and south of the property has a Future Land Use Map designation of LD (Low Density Residential, 0-5 du/ac) and is zoned R-1-A (Single Family Residential). Single family residences currently exist on these parcels. West: West of the property has a CF-P (Community Facilities-Public Buildings) Future Land Use Map designation and the property is zoned CF (Community Facilities). The existing land use is the City Water Treatment Plant. Allowable Land Uses: Under the current R-1-A zoning designation a chemical storage building is not permitted. The R-1-A zoning district is intended to accommodate single family residential development and related accessory uses (guest houses, garages, sheds, greenhouses, etc.). The CF land use and zoning designations allow a wide range of public, semi-public, and private uses (i.e., water treatment plants, civic centers, hospitals, governmental offices, churches, etc.), and their accessory uses and structures. The Water Treatment Plant is currently zoned CF with a FLUM designation of CF-P. Under the proposed CF-P FLUM designation and associated CF zoning designation, the chemical storage building is allowed as an accessory use [Ref. LDR Section 4.4.21(C)(4)]. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the following findings: El Demonstrated Need -That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This .policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The chemical storage building has been listed in Table CI-CIP of the Capital Improvements Element as a project that has been funded for this fiscal year. The P & Z Staff Report Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning Page 4 proposal is to change the FLUM designation from LD to CF-P, and to rezone the property from R-1-A to CF. The existing Low Density FLUM designation is consistent with the proposed CF zoning designation. However, given the subject area will be part of the Water Treatment Plant complex, it is appropriate to assign the same CF-P FLUM classification. [3 Consistency - The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. The following are applicable objectives of the Comprehensive Plan. Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. Public Facilities Element Objective D-l: Provisions are to be implemented to maintain and upgrade existing public facilities to retain the acceptable level of service for the facility and to maintain the "marketability of the facility and the City". Capital Improvement Element Objective A-l: The city shall direct financial resources to the task of maintaining and upgrading existing public facilities as necessary to assure that the entire City achieves the adopted levels of service. To this end, the City shall allocate sufficient reserves and annual recurring funding to address critical needs and system deficiencies. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complementary to the adjacent areas. The CF-P FLUM designation will accommodate the proposed chemical storage building, which has been listed as a capital improvement project for this fiscal year, and is consistent with the objective to maintain and upgrade public facilities. Concurrency - The requested designation will be compatible with existing and future land uses of the surrounding area. Pursuant to LDR Section 3.1.1(B), 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. P & Z Staff Report Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning Page 5 Water, Fire and Sewer: Water service is available via an existing 6" water main within S.W. 7~ Street. Fire hydrants are located on the west side of S.W. 2r~ Avenue within the Water Treatment Plant complex, and at the southeast corner of S.W. 2"d Avenue and S.W. 7th Street. Sewer service is available via existing 8" sewer mains within S.W. 6t~ and S.W. 7"~ Streets. Required connections to water and sewer services will be reviewed at the time a site plan and engineering plan are submitted. Drainage: With FLUM and rezoning requests drainage plans are not required. A drainage plan will be required with the site and development plan application for the chemical storage building. Traffic: The current LD land use and R-1-A zoning designations generally allow for single family residential development. Under the current R-1-A zoning classification, a maximum of two single family units could be constructed on the subject property (a single family home is located on Lot 8), generating a total of 20 Average Daily Trips. The CF zoning and FLUM designations allow a variety of uses, including governmental, community, recreational, services, religious, health care, and educational. Construction of a storage building associated with the Water Treatment Plant is proposed. Generally trip generation rates depend upon the use and size of the building. However, the storage building will be an accessory use to the water treatment plant and will not add trips to the surrounding roadway network. No concurrency issues are anticipated with this new construction. Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: The current LD designation provides for residential development (generally single family) at a density of five units per acre or less. The current R-1-A zoning generally permits only single family homes. The subject property contains .41 acre and a maximum of two units are allowed on this site, generating 3.98 tons per year (1.99 tons/unit/yr, x 2 units). The proposed CF land use designation provides for a P &-Z Staff Report Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning Page 6 variety of public, semi-public, and private uses (i.e., educational, health care, governmental, recreational, and religious facilities) and the solid waste generation rates vary for these uses. The solid waste generation rate for a general wholesale/mini warehouse is 5.2 lbs./sq, ff./yr. While no plans have been formally submitted for the storage building an increase in trash generation may be expected under the CF zoning designation. However, adequate capacity exists at the County landfill to accommodate this use. Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a site plan approval request. Compatibility -- The requested designations will be compatible with the existing and future land uses of the surrounding area. Compatibility with the adjacent Community Facilities designation to the west of the site is not a concern. The subject area abuts the LD FLUM designation to the north, east, and south. The City's facilities have co-existed in this neighborhood for many years with no problems noted. The addition of a storage building is not expected to change that. Further, adequate landscaping and screening serving as a buffer between the residential and non-residential uses will be required with the new building. The proposed development will be reviewed for compatibility and compliance with development requirements at the time a site plan application is formally submitted. I ZONING ANALYSIS , ! REQUIRED FINDINGS: (Chapter 3) 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, 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, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. P & Z Staff Report Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning Page 7 CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoning Actions): Standards B and C are not applicable. The applicable performance standards of Section 3.3.2 is as follows: A) That a rezoning to other than CF within stable residential area shall be denied. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. To the north, south, and east are single family homes on properties zoned R-l-A. The City Water Treatment Plant is located to the west on property zoned CF. Compatibility with the Water Treatment Plant is not a concern. The existing Water Treatment Plant facility has co-existed with the surrounding uses for several years and this rezoning proposal to expand the facility will not be introducing a new use to the property or area. As previously discussed in the Compatibility section of this staff, any further development must adhere to the City's Land Development Regulations (i.e., setback, height, landscaping, lighting, signage and parking requirements). Per LDR Section 4.4.21(G)(2), when the CF zone district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of 15'; or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. These requirements will be reviewed at site plan. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; P & Z Staff Report Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning Page 8 b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "The City has purchased the property adjacent to the Water Treatment Plant with the intention of constructing a chemical storage building. The current zoning of R-1-A will need to be change to CF to accommodate the proposed use." The applicable reason is "b". The current R-1-A zoning designation permits only single family residential development. The City has purchased the property to construct a chemical storage building associated with the Water Treatment Plant, which is zoned CF. The property is being rezoned to CF to accommodate the new building, and to be consistent with the CF zoning classification of the Water Treatment Plant. Reason "c" is also applicable given that the proposed CF land use and zoning are consistent with the adjacent CF Future Land Use Map designation. REVIEW BY OTHERS The subject property is not in a geographic area requiring review by the HPB (Historic Preservation Board) or DDA (Downtown Development Authority). CRA (Community Redevelopment Agency): The CRA reviewed the proposal at its January 14, 1999 meeting and recommended approval of the request. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special courtesy notices have been sent to: > Merritt Park Neighborhood Association P & Z Staff Report Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning Page 9 :> Rosement Neighborhood Association Letters of objection or support, if any, will be presented at the P & Z Board meeting. A'SSESSMENT :AND CONCL?USlON : : The Future Land Use Map Amendment from Low Density Residential to Community Facilities-Public Buildings is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The amendment will apply the appropriate Future Land Use Map and zoning designations to accommodate the proposed use as well as provide consistency with the Water Treatment Plant facility. The rezoning from R-1-A to CF 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 2.4.5(D)(5) (Rezoning Findings), that there has been a change in circumstances which make the current zoning inappropriate. The existing Water Treatment Plant complex has existed within the surrounding neighborhood for many years and the proposed associated storage building should not negatively impact the adjacent properties. The construction of the new building will require submittal of a complete site plan application and adherence to the Land Development Regulations. ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval of the Small-Scale Future Land Use Map Amendment from LD (Low Density Residential, 0-5 du/ac) to CF-P (Community Facilities-Public Buildings), and the rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend denial of the Small-Scale Future Land Use Map Amendment from LD (Low Density Residential, 0-5 du/ac) to CF-P (Community Facilities-Public Buildings), and the rezoning request from R-1-A (Single Family Residential) to CF (Community Facilities) based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the basis reasons. P &'Z Staff Report Water Treatment Plant Chemical Storage Building - FLUM Amendment and Rezoning Page 10 I.. STAFF RECOMMENDA=TION , , I Recommend to the City Commission approval of the Small-Scale Future Land Use Map amendment from LD (Low Density Residential, 0-5 du/ac) to CF-P (Community Facilities-Public Buildings) and the rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: Location Map Existing Future Land Use Map Existing Zoning Map Survey u:\graharnc\pzrep\h20chem.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM 1~.~ '.- REGULAR MEETING OF FEBRUARY 2, 1999 ORDINANCE NO. 7-99 (CONCURRENT BOARD MEMBERSHIP) DATE: JANUARY 29, 1999 This is first reading for Ordinance No. 7-99 which amends Chapter 32, "Departments, Boards and Commissions", of the City Code in accordance with direction given by the City Commission at the January 19th regular meeting. It provides that serving on two or more advisory boards or committees is prohibited unless an enacting ordinance or resolution expressly provides for membership on two or more specifically named advisory boards or committees. Dual memberships so permitted, however, shall not be allowed if prohibited by Florida law or the Florida Constitution. Recommend approval of Ordinance No. 7-99 on first reading. If passed, a public hearing will be scheduled for February 16, 1999. ref:agmemol5 CITY ATTOm J?'c= OFFICE [Il / ~ TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755 DEFRAY BEACH Writer's Direct Line: 561/243-7091 F t O ~ I D n Ali.America City - DATE: January 22, 1999 19~}3 TO: David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Concurrent Board Membership Ordinance The attached is a revised ordinance discussed at the last meeting of the City Commission regarding concurrent board membership. Please advise if you require further changes. If not, please place the ordinance on the Commission meeting for City Commission action. SAR:smk Attachment cc: Alison MacGregor Harty, City Clerk ORDINANCE NO. 7- 9 9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", SUB-HEADING, "ADVISORY BOARDS AND COMMITTEES", SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS", BY REPEALING SUBSECTION (E), AND PROVIDING A NEW SUBSECTION (E), TO PROVIDE FOR A PROHIBITION ON SERVING ON TWO OR MORE BOARDS OR COMMITTEES CONCURRENTLY EXCEPT IN CERTAIN CIRCUMSTANCES, AND WHERE PROHIBITED BY STATE LAW OR THE FLORIDA CONSTITUTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that serving on two or more advisory boards or committees is prohibited unless an enacting ordinance or resolution expressly provides for membership on two or more specifically named advisory boards or committees; and WHEREAS, the City Commission desires to clarify its existing ordinance to reflect its determination that an exception to the limitation on serving on two boards concurrently is beneficial to the citizens of Delray Beach only when the authorizing ordinance or resolution authorizes such concurrent membership; and WHEREAS, the City Commission acknowledges that exceptions provided for in this ordinance are subject to Florida law and the Florida Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Chapter 32, "Departments, Boards and Commissions", Subheading "Advisory Boards and Committees", Section 32.08, "Length of Terms; Restrictions", by repealing Subsection (E) and by enacting a new Subsection (E) to read as follows: (E) No member of any advisory board or committee may concurrently serve on another advisory board or committee. However, this prohibition shall not apply if an ordinance and/or resolution expressly provides that the membership of an advisory board or committee includes, as part of its membership, the member(s) of another specifically named advisory board or committee. In such a case, a member of the specifically named advisory board or committee is eligible to serve on two or more advisory boards or committees. Notwithstanding the foregoing, a member may serve on more than one task force or ad-hoc committee or may serve as an advisory board or committee member and a member of a task force or ad-hoc committee without being expressly provided for by an enacting ordinance or resolution. Dual memberships, where allowed herein, shall not be allowed if prohibited by Florida Law or the Florida Constitution. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portions 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 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 , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading boardl .ord 2 ORD NO. 7-99