The URL can be used to link to this page

10-19-99 Regular 'll' 1993 COMMISSION CHAMBERS 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 non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. 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. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of 'Minutes: Regular Meeting of October 5, 1999. Special Meeting of October 12, 1999. 6. Proclamations: A. Recognizing and commending the 1999 Delray Beach Junior Lifeguards for their accomplishments at the Southeast Regional Junior Lifeguard Championships B. National Epilepsy Awareness Month - November 1999 7. Presentations: A. Dan McGinnis, General Manager, BPI 8. Consent Agenda: City Manager recommends approval. A. RENEWAL OF TEMPORARY PARKING LOT PERMIT/MILAGRO CENTER: Approve renewal of the temporary parking lot permit associated with the Milagro Center for one year (through October 20, 2000). The subject property is located at the southwest corner of S.E. 1st Street and S.E. 3rd Avenue within the · . Central Business District. B. INTERLOCAL AGREEMENT FOR PLANNING SERVICES WITH THE CRA: Approve an interlocal agreement with the Community Redevelopment Agency wherein the City will provide planning services and technical support associated with the preparation of a neighborhood plan for Osceola Park, a redevelopment plan for the CBD, and work associated with the implementation of previously adopted plans. C. WATER SERVICE AGREEMENT/THE ENCLAVE SHOPPES: Approve the standard water service agreement for The Enclave Shoppes, a Regular Commission Meeting October 19, 1999 proposed commercial building/shopping center located west of Military Trail at the southwest corner of Markland Lane and West Atlantic Avenue. D. AGREEMENT FOR SIDEWALK IMPROVEMENTS/C&L REALTY INVESTMENTS LLC: Approve an agreement between the City and C&L Realty Investments LLC to allow the deferral of sidewalk improvements along N.W. 1st Avenue right-of-way until such time as the City requests the sidewalk to be constructed. E. CONTRACT WITH THE TOWN OF HIGHLAND BEACH FOR DISPOSAL OF PRETREATED SANITARY SEWAGE: Approve an agreement between the City and the Town of Highland Beach for the disposal of pretreated sanitary sewage effective for a period of thirty (30) years. F. AMENDED OFF-SITE PARKING AGREEMENT/LS&R INVESTMENTS: Approve an amended Off-Site Parking Agreement by and between Wal-Mart Stores, Inc., LS&R Investments (d/b/a Delray Eye Associates), and the City wherein Wal-Mart agrees to grant LS&R Investments the right to use 20 surplus parking spaces on Wal-Mart's property. G. REMOVED POLICY CHANGES FOR THE TENNIS CENTER: Approve the proposed policy changes for the Tennis Center as reviewed at the October 12, 1999 work session. I. SERVICE AUTHORIZATION #2/MATHEWS CONSULTING, INC. (VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS FROM CASUARINA ROAD TO ATLAntIC AVENUE): Approve Service Authorization #2 in the amount of $130,500.00 with Mathews Consulting, Inc. for preliminary and final design services for utility, drainage and roadway improvements on Venetian Drive, Langer Way, Nassau Street, Ingraham Avenue and Miramar Street between Casuarina Road and Atlantic Avenue, with funding from 441-5181-536-65.09 (Venetian Drive). J. SERVICE AUTHORIZATION ~71/O'BRIEN, SUITER & O'BRIEN {SEACREST/DEL-IDA AREA PHASE II): Approve Service Authorization #71 in the amount of $13,935.00 with O'Brien, Suiter & O'Brien, Inc. to survey the area encompassing the Seacrest/Del-Ida Area Improvements Phase II project, with funding from 442-5178-536-65.03 (Other Improvements - Seacrest & Del-Ida). K. DIGITAL BASE MAPS/JOINT VENTURE WITH PALM BEACH COUNTY PROPERTY APPRAISER: Approve and authorize the Mayor to sign an agreement with ADR, Inc. for digital photogrammetric base maps of the City's entire service area west of 1-95 between the north and south City limits (approximately 6,899 acres), with funding in the amount of $59,703 from 448-5411-538-65.11 (Stormwater Utility - GIS Mapping) and $150,000 from -3- Regular Commission Meeting October 19, 1999 441-5161-536-65.11 (Water & Sewer - GIS Mapping) for a total cost of $209,703.00. L. RESOLUTION 65-99: Approve a resolution supporting permanent and consistent funding for Regional Planning Councils. M. RESOLUTION NO. 55-99: Approve a resolution assessing costs for abatement action required to remove nuisances on seventeen (17) properties throughout the City. N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 4th through October 15, 1999. O. AWARD OF BIDS AND CONTRACTS: 1. Contract renewal with Air Liquide America Corp. for the purchase of liquid carbon dioxide, via City of West Palm Beach bid, for a one year period at an estimated annual cost of $51,000.00, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). 2. Bid award in the amount of $28,485.00 to Andrea Construction Co., Inc. for construction of an elevated walkway from the clarifier deck to the roof of the lime building at the Water Treatment Plant, with funding from 441-5161-536-63.79 (Capital Outlay - WTP Lime Building Walkway). 3. Purchase award in the amount of $36,966.00 to Poligon Park Architecture, via Florida SNAPS {State Negotiated Agreement Price Schedule) contract, for the purchase of five (5) pavilions to be installed at Orchard View Park, with funding from 117-4178-572-63.40 (Recreation Impact Fees - Recreational Improvements). 4. Purchase award at an estimated annual cost of $31,865.00 to Vulcan Chemical Technologies, Inc., sole source provider, for the purchase of hydrogen peroxide for odor and corrosion control at Lift Station %14, with funding from 441-5144-536-52.21 (W&S Lift Station Maintenance - Chemicals). 5. Purchase award in the total amount of $38,960.00 to Kustom Signals, Inc., sole source provider, for the purchase of eight (8) in-car video systems for Police Department patrol cars, with funding from 112-2172-521-64.90 (Law Enforcement Trust Fund - Other Machinery & Equipment). 6. Contract renewal with Focus Camera for the purchase of various film and photographic supplies, via City of Boca Raton bid, for a one year period at an estimated annual -4- Regular Commission Meeting October 19, 1999 cost of $17,216.59, with funding from various departmental FY 2000 operating accounts 52.20. 9. Regular Agenda: A. FY 2000 PERFORMANCE MEASURES FOR T~E TENNIS CENTER: Consider approval of the proposed FY 2000 performance measures for the Tennis Center as reviewed and amended at the October 12, 1999 work session. B. PROPOSED BILLBOARD REDUCTION PROGRAM FROM AK MEDIA/FL: Consider a proposal from AK Media/FL to eliminate some of the existing billboard structures throughout the City in exchange for the opportunity to construct new monopole structures in commercial and industrial zones along 1-95. C. MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM: Provide direction as to whether or not the City is interested in joining the Municipal Public Safety Communications Consortium. D. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority for a four year term ending October 29, 2003. The appointment will be made by Mayor Alperin (Seat #5). E. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board to fill an unexpired term ending August 31, 2000. The appointment will be made by Commissioner Wright (Seat #3). F. GROUP LIFE INSURANCE RENEWAL RATES: Provide direction concerning various life insurance renewal options for active employees and retirees. G. SETTLEMENT OFFER/WILLIE GODBEE, ET AL V. CITY: Consider a settlement offer in the referenced matter. H. OFFER OF JUDGMENT/DAIDOLA V. CITY: Consider an offer of judgment in the referenced matter. 10. Public Hearings: "A. ORDINANCE NO. 37-99 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Section 4.4.13(G) (1) of the Land Development Regulations to provide for parking requirements for residential units in multi-family structures and mixed use buildings within the Central Business District. B. ORDINANCE NO. 39-99: An ordinance amending Chapter 31, "City Officials and Employees", Subheading "General Provisions", of the City Code by amending Section 31.02, "Compensation of Commissioners and Mayor", to provide for adjustments to compensation each year in a manner commensurate with increases in compensation to general city employees. Regular Commission Meeting October 19, 1999 C. ORDINANCE NO. 14-99 (SECOND READING/ADOPTION HEARING): An ordinance adopting Comprehensive Plan Amendment 99-1 with the proposed changes to address the Objections, Comments and Recommendations (ORC) Report. D. ORDINANCE NO. 38-99: An ordinance rezoning the Delray Oaks Preserve site from POC (Planned Office Center) to OS (Open Space) District. The subject property is located at the northwest corner of Congress Avenue and S.W. 29th Street, and contains 25 acres. QUASI-JUDICIAL HEARING 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. 42-99: An ordinance rezoning a parcel of land commonly known as the Hegstrom property from R-i-AA (Single Family Residential) District to R-1-A (Single Family Residential) District. The subject property is located on the north side of N.E. 22nd Street, approximately 450 feet east of Seacrest Boulevard. If passed, a quasi-judicial public hearing will be scheduled for November 2, 1999. B. ORDINANCE NO. 40-99: An ordinance providing for a corrective, small scale Future Land Use Map (FLUM) amendment from Redevelopment Area #3 to Medium Density Residential (5-12 dwelling units per acre) for a portion of The Groves of Delray property, located on the north side of Douglass Avenue between S.W. 7th Avenue and S.W. 8th Avenue. If passed, a public hearing will be scheduled for November 2, 1999. C. ORDINANCE NO. 41-99: An ordinance rezoning a portion of the Security Self-Storage Facility site located at the northeast corner of Linton Boulevard and S.W. 4th Avenue from I (Industrial) District to MIC (Mixed Industrial and Commercial) District. This is a corrective rezoning for a one acre parcel of the overall site. If passed, a quasi-judicial public · . hearing will be scheduled for November 2, 1999. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 19, 1999 - 6:00 P.M. COMMISSION CHAMBERS AgEJVDA ADD ,ffDI4M THE REGULAR MEETING AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9.I. RESOLUTION NO. 66-99: A resolution supporting Old School Square, in parmership with the Community Redevelopment Agency and Pineapple Grove Mare Street, in their application for the Great American Mare Street Award. S/Cit3~ Clerk/Addendum. October 19, 1999 Regular Meeting WHEREAS, Delray Beach Junior Lifeguard Program Director Lt. Steve Zickl conducted a year round Junior Lifeguard Program through 1999 with over 80 children participating this summer from Delray Beach, Boca Raton, Boynton Beach, and Lantana as Delray Beach Junior Lifeguards; and WHEREAS, AnneMarie Edmonds of Boynton Beach wrote in a letter appearing in The Palm Beach Post, "I would like to compliment the City for the wonderful job Delray Beach Ocean Rescue has done with the Junior Lifeguard Program under the supervision of Steve Zickl and Heather Hansen. This is summer fun at its best. I found the lifeguards to be dedicated and enthusiastic teachers. They are truly wonderful role models for all children."; and WHEREAS, the City of Delray Beach, Parks and Recreation Department, Ocean Rescue Division, Junior Lifeguard Program raised over $10,000.00 within the community to host the 1999 Southeast Regional Junior Lifeguard Championships at Delray Municipal Beach on July 31, 1999; and WHEREAS, over 500 Junior Lifeguards from across South Florida from Veto Beach to Metro-Dade County, competed in the 1999 Southeast Regional Junior Lifeguard Championships. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby recognize and commend the following Delray Beach Junior Lifeguards placing in their events at the Southeast Regional Junior Lifeguard Championships: FIRST PLACE SECOND PLACE THIRD PLACE FOURTH PLACE FIFTH PLACE Danielle Fontes Chris Edmonds Andrea Steffen Cale Hobson JW Black Jay Vanderlyn Dewey Saunde~ Chris Schmi~ Dana Galenski Kaitlin Godden Kate Maste~on Jillian Kenney Ke~h Fon~s Kie~ Dunn P~er Hambu~ Laumn Snyder Mike Go~nson Ross Jones Molley Godden Zack Jones and recognize and commend Junior Lifeguard Instructors Heather Hansen and Chris Wiley along with our Ocean Lifeguards for their commitment to the youth of our community and offer them congratulations on a job well done with the 1999 Delray Beach Junior Lifeguard Program and Southeast Regional Junior Lifeguard Championships. IN WITNESS WHEROF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19th day of October, 1999. Jay Alperin Mayor WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind and has been recognized since the earliest medical writings; and WH~R~%S, as long ago as 400 B.C., Hippocratic, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder; and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena; a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses; and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown; and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents; and WHEREAS, with the administration of anticonvulsant drugs, two-thirds of those afflicted with Epilepsy are drug controlled so that workers with Epilepsy make reliable and conscientious workers who often rate better in job performance, attendance, safety and job stability than non-handicapped workers; and WHEREAS, studies carried out in the United States over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent; and WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim November, 1999 as NATIONAL EPILEPSY AWARENESS MONTH in the City of Delray Beach, Florida, and urge all of its citizens to become aware of this disorder and encourage those afflicted to take their rightful place in society and become productive citizens. 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 19~ day of October~ 1999. MAYOR JAY ALPERIN Agenda Item No.: ~W AGENDA REQUEST Date: September 30, 1999 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: October 19~ 1999 Description of agenda item (who, what, where, how much): R~quest. City Commission approval of and Mayor si~nin§ a Proclamation honoring the 1999 Junior LifeKuard ProKram. ORDINANCE/ RESOLUTION REQUIRED: YESfNOJ Draft Attached: YES/NO Recommendation: Approval and Mayor si§nih§. Department Head Signature: ~~p Determination of Consistency with . rehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved Proclamation Whereas, Delray Beach Junior Lifeguard Program Director Lt. Steve Zickl conducted a year round Junior Lifeguard Program throughout 1999 with over 80 children participating this summer from Delray Beach, Boca Raton, Boynton Beach, and Lantana as Delray Beach Junior Lifeguards; and, Whereas, AnneMarie Edmonds of Boynton Beach wrote in a letter appearing in the Palm Beach Post, "I would like to compliment the City for the wonderful job Delray Beach Ocean Rescue has done under the supervision of Steve Zickl and Heather Hansen with the Junior Lifeguard Program. This is summer fun at its best. I found the lifeguards to be dedicated and enthusiastic teachers. They are truly wonderful role models for all children." Whereas, the City of Delray Beach, Parks and Recreation Department, Ocean Rescue Division, Junior Lifeguard Program raised over $10,000 within the community to host the 1999 Southeast Regional Junior Lifeguard Championships at Delray Municipal Beach, on July 31 1999; and Whereas, over 500 Junior Lifeguards from across South Florida including Veto Beach, and Metro-Dade County competed in the 1999 Southeast Regional Junior Lifeguard Championships, Now, therefore, I, Jay Alperin, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend the following Delray Beach Junior Lifeguards placing in their events at the Southeast Regional Junior Lifeguard Championships: First Place Second Place Third Place Fourth Place Fifth Place Danielle Fontes Chris Edmonds Andrea Steffen Cale Hobson J-W Black Jay Yanderlyn Dewey Saunders Chris Schmitt Dana Galenski Kaitlin Godden Kate Masterson Jillian Kenney Keith Fontes Kiera Dunn Peter Hamburg Lauren Snyder Mike Goranson Ross Jones Molley Godden Zack Jones and recognize and commend Junior Lifeguard Instructors Heather Hansen and Chris Wiley along with our Ocean Lifeguards for their commitment to the youth of the City of Delray Beach and offer them congratulations on a job well done with the 1999 Delray Beach Junior Lifeguard Program and Southeast Regional Junior Lifeguard Championships. 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 19th day of October, 1999. ,::,~"i OCT -§ 1999 ...... ,, ,,' . COMM~EE FOR EPILEPSY AWARENESS 6670 ROYAL PALM BLVD BLDG. K APT. 302 MARGATE, FLORIDA 33063-2Z89 Jerry Pizza, Chairman Bill Naulty, Secretary (954) 984-8319 (561) 798-2798 October, 1999 Dear The month of November is "NATIONAL EPILEPSY AWARENESS MONTH". The Committee for Epilepsy Awareness would greatly appreciate your assistance in helping bring about an awareness of this disorder. Due to lack of correct information and an abundance of misinformation, people afflicted with Epilepsy have been discriminated against in all walks of life. It is our goal to remove the ancient myths, superstitions and prejudices associated with this disorder and educate people as to what Epilepsy is and what Epilepsy is not. Enclosed, please find a copy of our resolution. If your municipality participates in our awareness campaign, please send a copy of the resolution or proclamation to: Jerry Pizza - Chairman Committee for Epilepsy Awareness 6670 Royal Palm Blvd. Bldg. K. Apt. 302 Margate, Florida 33063-2189 Thank you in advance for your interest in and concern for people afflicted with Epilepsy. Sincerely, Chairman COMM1TFEE FOR EPILEPSY AWARENESS Jerry Pizza - Chairman William C. Naulty - Secretary (954) 984-8319 (561) 798-2798 RESOLUTION DECLARING NOVEMBER, 1999 AS NATIONAL EPILEPSY AWARENESS MONTH WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species aha has been recognized since the earliest medical writings, ~'~d WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses, and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown, and WHEREAS, Epilepsy can affect anyone, at any age and at any time, and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents, and WHEREAS, with the administration of anticonvulsant drugs, two thirds (66.66%) of those afflicted with Epilepsy are drug controlled, and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices, and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself, and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance, and WHEREAS, studies carried out in the UNITED STATES over the past thirty, years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent. WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. ~?.e it resolved, that the governing body of: does hereby declare the month of November as National Epilepsy Awareness Month. Be it further resolved, that a copy of the Resolution or Proclamation be sent to the Committee for Epilepsy Awareness, 6670 Royal Palm Blvd., Bldg .K., Apt. 302, Margate, Florida 33063-2189 DAVID T. HARDEN, CITY MANAGER THRU: D A.E DOM .GUEZ, D RECTOR OF P'A.. NG FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNE~ SUBJECT: MEETING OF OCTOBER '19, 1999 *~*CONSENT AGENDA'** REQUEST TO RENEW A TEMPORARY PARKING LOT PERMIT WITHIN THE CBD AT THE SOUTHWEST CORNER OF SE 1sT STREET AND SE 3 AVENUE~ ASSOCIATED WITH THE MILAGRO CENTER At its meeting of October 20, 1998, the City Commission approved a temporary parking lot permit request for Milagro Center on the subject property, subject to the provisions of LDR Section 2.4.6(H). The proposal included installation of a 191-space temporary parking lot (162 gravel spaces, 29 asphalt spaces) primarily for use by the Milagro Center (vocational school), located at the southeast corner of S.E. 2nd Avenue and S.E. 1st Street. The permit also allowed for the use of the lot by the general public at the owner's discretion. The proposal included the installation of site lighting and perimeter landscaping. All of the improvements have been completed. LDR Section 2.4.6 (H) states that permits for temporary parking lots are to be issued for one- year time periods, for a maximum of three years. The code states further that the temporary parking lot shall be monitored for compliance with the approved plan. Should the City Manager find that the operation of a lot is not in compliance or if the lot has an adverse effect on surrounding properties, and the applicant is unable or unwilling to rectify the problem, the permit may be reviewed by the City Commission for revocation. A request has been submitted to renew the Milagro Center temporary parking lot for another year. The lot has been properly maintained and operated, and staff is not aware of any problems or complaints. LDR Section 2.4.6(H)(4) states that the temporary parking lot site plan shall be reviewed and recommended for approval by the Parking Management Advisory Board prior to submission to the City Commission for consideration. On September 20, 1999, the PMAB reviewed and recommended approval of the request to allow the temporary parking lot to remain for another year. Approve the request to renew the temporary parking lot permit for Milagro Center for one year (October 20, 2000), subject to the provisions of LDR Section 2.4.6(H). Attachment: Q Site Plan 7./t TO: DAVID T. HARDEN CITY MANAGER (~k .--. ~'~. ' DIANE DOMINGUEZ, DIRECTOR ~ FROM: DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 19, t999 **CONSENT AGENDA** INTERLOCAL AGREEMENT FOR PLANNING SERVICES The action requested of the City Commission is approval of an agreement between the City and the Community Redevelopment Agency (CRA) for planning services. The City's Department of Planning and Zoning works with CRA staff on the preparation of Redevelopment Plans for areas of the City that are identified in the Comprehensive Plan as redevelopment or blighted areas, and which are also located within the CRA boundaries. For the past three years, through an interlocal Agreement, the CRA has reimbursed the City for a portion of the costs associated with the preparation of these plans and for technical support on various CRA redevelopment projects. The attached agreement provides for planning services to be provided by the P & Z Department at a cost to the CRA of $10,000 for FY 1999/2000. The services to be provided by the department will include a neighborhood plan for Osceola Park, a redevelopment plan for the CBD, and work associated with the implementation of previously adopted plans. The CRA reviewed and approved the agreement at the meeting of October 14, 1999. By motion, approve the attached Interlocal Agreement for planning services. Attachment: Interlocal Agreement For Planning Services Between the City and the CRA \\misrv001\departments\planning & zoning\city commission\cra planning services agreement.doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PLANNING SERVICES THIS AGREEMENT is made and entered into this __ day of , 1999 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City", and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA". WITNESSETH: WltEREAS, the City's Comprehensive Plan requires the preparation of redevelopment plans for locations within the City limits which are also located within the CRA's boundaries; and WltEREAS, the City Commission has directed the Planning and Zoning Department to assist the CRA in the preparation of certain redevelopment plans; and WHEREAS, the CRA has in the past assisted in funding the preparation of redevelopment plans by the City; and WHEREAS, the CRA wishes to continue contracting with the City for the planning services. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The term of this contract shall be for one year commencing on October 1, 1999. 3. The City shall provide planning services to the CRA, including but not limited to working with the CRA and consultants (if applicable) on producing the redevelopment or neighborhood plans and associated planning tasks related to the Central Business District and Osceola Park as well as work related to the implementation of previously adopted redevelopment plans. 4. The intended scope of work is to produce redevelopment and/or neighborhood plans which incorporate the information gathered and produced at meetings with the respective neighborhoods. In the event revisions to the plans are necessary, the City. agrees to ensure that plan revisions are made until plan adoption. 5. The CRA will make available any information currently collected for the plan as well as providing support assistance. 6. The CRA will pay for the cost of planning services to produce the redevelopment and/or neighborhood plans. The estimated cost for the planning services shall be $10,000.00 per year. Payments shall be made in the amount of $2,500.00 per quarter. The first payment shall be due on or before October 1, 1999. 7. Costs of supplies, excepting reproduction of the completed plan, will be borne by the City. 8. Prior to the effectiveness thereof and pursuant to the requirements of Section 163.01(11) of the Florida Statutes, this agreement shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 9. No prior or present agreements or representations with regard to planning services shall be binding on the City or the CRA unless included in this contract. No modification or change in this contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 10. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof of this contract shall have no effect upon the validity of any other part or portion hereof. 11. To the extent allowed by law, the venue for any action arising from this contract shall be in Palm Beach County, Florida. 12. This contract shall be governed by and in accordance with the laws of the State of Florida. 13. Neither the City, nor the CRA, shall assign, convey or transfer any rights or interest in this Agreement without the written consent of the other. 14. This agreement is not valid unless signed by the City Mayor and City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney ATTEST: COMMASNITY REDEVELOPMENT AGENCY By: , · · Pri ~ (SEAL) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this /a/~ day of ~7- , 1999 by ..d~/-/xJ /d~z'9'W~ , who is personally known to me ov-whtr-l~s ~ as identification. Signature of Nstary of Florida ~o",~I.,'%~ DIANE G. HERVEY ~ I~ ~ COMMISSION # CC 691564 ~ ~ .'~ EXPIRES NOV 28, 2001 S.~ ~ BONDED/HRU OF J:g ATL~NT/C 8ONDIN(~ CO., INC. TO: D~I~V~!D T. HA~OEN, CITY MANAGER DIA I.)I~,~OR OF PLANNING AND ZONING FROM: PAUL DORLING, PI~I~CIPAL PLANNER SUBJECT: MEETING OF OCTOBER 19, 1999 *** CONSENT AGENDA*** ACCEPTANCE OF A WATER SERVICE AGREEMENT ASSOCIATED WITH THE DEVELOPMENT OF THE ENCLAVE SHOPPES The subject property is located west of Military Trail, at the southwest corner of Markland Lane and West Atlantic Avenue. The subject property (1.94 acres) is located within the County and is seeking a Water Service Agreement from the City for a project to be known as The Enclave Shoppes, a proposed 13,858 sq.ft, commercial building/shopping center. The water service agreement includes an agreement of voluntary annexation (when contiguous) as well as an agreement to comply with the City's Land Development Regulations (LDRs) with development of the property. The project cannot be annexed at this time, as it would create an enclave. The applicant is concurrently processing a change in zoning at the County from AR (Agriculture) to CC (Community Commercial). The subject property contained single family dwellings, however those structures were demolished and the land cleared in conjunction with construction of the adjacent multiple family apartment development (The Enclave), which also obtained a water service agreement and site plan approval from the City earlier this year. A site plan application has been submitted to the City to verify compliance with the City's LDRs, The project has been reviewed under the GC (General Commercial) criteria, as this would be the initial zoning if annexation were considered. The project is simultaneously seeking site development approval from the County. The Assistant City Attorney has reviewed and approved the agreement as to form and sufficiency, and the agreement is acceptable to the Environmental Services Department. At its meeting of October 6, 1999, the Site Plan Review and Appearance Board approved (5-0 vote with Arnold Smith and Roger DeCapito absent) the site and development plans associated with the water service agreement subject to conditions. The majority of these conditions related to minor changes to the engineering and landscape plans. It is recommended the water service agreement be approved subject to the submittal of revised plans addressing these outstanding conditions. By motion, approve the standard water service agreement for The Enclave Shoppes subject to the submittal of revised plans addressing conditions of SPRAB approval. Attachments: Location map & Site development plans Pz/cc/Enclave shoppes water service agreement ~:~. H i G H P© -OAT K.F.C. CANAL L-2 CANAL L-55 p E L A Y W E S T K-MARt DELRA Y SQUARE PLAZA MARKE TPLA CE ~ EXECUTIVE CARNIVAL OF SQUARE FLEA DELRA Y MA RKE T WEST ATLANTIC ~ AVENUE SUN TRUST SOUTH~UST BANK BANK PINES DELRA Y WES T WES T PLAZA PEAZA I LINCOLN ROAD ESTATES DRIVE ADAMS ROAD WASHINGTON ROAD I :STATES DRIVE MADISON ROAD N } ~ - WATER SERVICE AGREEMENT- CiTY or DELRAY BEACH. FL THE ENCLAVE SHOPPES PLANNING & ZONING DEPARTMENT I I DIGI~'AZ ~4~,£ MAP .?,~I'~M -- MAP REF: LM588 PREPARED BY: RETURN TO: Susan A. Ruby, Esq. City Attorney 200 NW 1't Avenue Delray Beach, Florida 33444 AGREEMENT FOR WATER SERVICE This agreement, made on this day of ,19 , by and hereinafter called the CUSTOMER, and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter called the CITY. ' WITNESSETH, that the CUSTOMER, his heirs and assigns, for and in consideration of the privilege of receiving water service from the Municipal Water Sysiem, agrees to the following: 1. Tile CUSTOMER agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the Director of Environmental Services, to provide service to the CUSTOMER'S premises. The CUSTOMER shall be responsible for the installation and conformance with all applicable codes, rules, standards and regulations of all service lines, and connections on the CUSTOMER'S premises. The CITY shall have the option to perform the necessary work or the CITY may have such work performed by outside forces in which case the CUSTOMER shall pay in advance, all estimated costs thereof. In the event the CITY has such work performed, the CUSTOMER shall remit such advance funds and any additional funds as may be necessary to pay for the actual completed project for the extension of services. 2. Any main extension made under this agreement shall be used only by the CUSTOMER, unless permission is granted by the CITY for other party or parties to so connect. If the CITY requ. ires upsizing or increased capacity beyond what is determined to be adequate by the Director of Environmental Services in size and/or capacity, a pro-rata refund will be made directly to the CUSTOMER by the CITY to compensate these additional costs. The CITY may also require alternative bids to document the increased sizes or capacity to establish these cost differences. The CUSTOMER acknowledges that its right to receive any refund pursuant to this paragraph is subordinate to any and all requirements concerning the City's outstanding water and sewer revenue bonds. -1- 3. Title to all mains, extensions and other facilities extending from the CITY water distribution system to and including the meter to service the CUSTOMER shall be vested to the CITY exclusively. 4. The CUSTOMER agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the ,CITY limits applicable under the CITY'S ordinances and rate schedules which are now applicable or as may be changed from time to time. 5. Any rights-of-way or easements necessary shall be provided by the' CUSTOMER. 6. It is understood by the CUSTOMER, and shall be binding upon the CUSTOMER, his transferees, grantees, heirs, successors, 'and assigns, that all water to be furnished, supplied, and sold under this. agreement is made available from a ,surplus. If a surplus does not exist at the time of the CUSTOMER'S actual request for commencement of service, as determined by the CITY'S Environmental Services Director, then the CiTY without liability may refuse to initiate service to the subject premises. 7. The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, this agreement shall also be considered a petition and request for annexation under such other laws. The premises shall be subject to annexation at the option of the CITY at any time they are eligible under any one or more of the above-referenced laws concerning annexation. The legal, description of the subject premises is as follows: -2- The CUSTOMER acknowledges that this covenant for annexation is intended to be and is hereby made covenant running with the land hereinabove.described. That this agreement is to be recorded in the public records of Palm Beach County, Florida, and that the CUSTOMER and all subsequent transferees, grantees, heirs, successors, and assigns of the CUSTOMER shall be bound by this annexation agreement. 7a. It is understood by the CUSTOMER that the CUSTOMER by signing this agreement is hereby providing written consent to the Stormwater Management Assessment levied by the City pursuant to its ordinance and Florida Statutes, Chapter 197. This consent is a written covenant running with the land. This agreement shall be recorded in the Public Records of Palm Beach County, Florida. The CUSTOMER and all subsequent transferees, grantees, heirs, successors, and assigns of the CUSTOMER shall be bound by this written consent to the Stormwater, Management Assessment. 8. It is hereby agreed that the CITY shall have no liability for the termination of water service to the premises, if the City Commission shall determine that it is appropriate to protect the public health, safety and welfare of the property or inhabitants in the City of Delray Beach, so long as the premises remain outside of the CITY limits. In the event the City Commission makes such a determination, the CITY shall be and is hereby authorized to discontinue water service to the premises upon ninety (90) days notice given by the CITY. In the event that the City Commission of the CITY determines that it is necessary to permanently discontinue water service to the above property, then the CITY shall execute a recordable release of this water service agreement which shall be recorded at the expense of the CUSTOMER. 9. In addition, to the limitation of the CITY'S liability under Paragraph 8 above, it is agreed the CITY shall have no liability.in the event there is a reduction, impairment or termination in water service to be provided under this agreement due to any prohibitions, restrictions, limitations, or requirements of local, regional, state, or federal agencies or.. other agencies having jurisdiction over such matters. Also, the CITY shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other causalities, or other circumstances beyond the CITY'S reasonable control 10. The CUSTOMER hereby agrees to indemnify, defend and hold harmless the City of Delray Beach, Florida, its Mayor, members of the City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post- judgment collection) and costs arising out of or resulting from the CUSTOMER'S obligations under or performance pursuant to this agreement. -3- 1 1. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this agreement. No modification or change in this agreement shall be valid or binding upon the parties unless in writing executed by the parities to be bound thereby. 12.The water use granted by this agreement is for the quantity of three tap(s) located on the property described in Paragraph 7, above. The water shall be in conjunction with a commercial use as depicted upon the p!an known as .The Enclave Shopp,,~ and approved by the Site Plan Review and Appearance Board on October 6,. 1999 Any water furnished under this agreement shall not be used for irrigation purposes unless such use is specifically and separately approved by the Director of Environmental Services. 13.As an expressed condition of this agreement, the CUSTOMER further agrees to abide by all ordinances of the CITY which are in effect at the time of development, redevelopment, or renovation on the site and which pertain to land use and development matters. Such matters include, but are not lirdited to signage, landscaping, architectural review and approval, and the CITY'S formal site plan review and approval processes. However, no development requirements of the CITY shall be imposed which shall have the effect of diminishing a County development standard or requirement. In suc..h cases, the CITY requirement shall be subservient and no further action of waiver or variance shall be required. 14.Water service, pursuant to this agreement, must be activated within two years of the date of this agreement or said agreement shall be void. This agreement shall also become void upon annexation to the City of Delray Beach. 15.This agreement and the terms and conditions thereof shall be binding on all successors, heirs and assigns of the' CUSTOMER and this agreement shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF the parties hereto have this agreement the day and year first written. WITNESS: (as to customer) CUSTOMER: (Name printe~ written) (Name printed or type written) (Address) ~--_..t...IZ.t~,.~ ~:~t,~r._~,, ~:::=~.... (Nar~e printed or t:Cpe written) STATE OF Ft...~.~ ~::~ COUNTY OF .~z'~,,...~-.,~ '~:~t',~,_~ ' The foregoing instrument was acknowledged before me this I[ ~' , day of ~~'~-- , 19 ~ by ~ ,c~,~.~,. '"~:::=¢~,,.c~,,~,,~,~_., ~ who is p._ersonally known to me or has produced (Type of Identification) as identification and who did (_did not) take an.oa.th. "~ (Printed Name of Notary Public) (Signature of Notary Public) ; , Commission # C_.C._, ~_~'-.~ ~"I , My Commission Expires INOT^RY'S ~ '~....~ Corem/t: CC~20507 ~.~E OF COU~F: ' ' -"Www~- - ' The foregoing ins"truq~nt was acknowledged before me this , of , by . . ~ ~ of corporation acknowleBging), a '"'"'-~_........~ ~ or place of incorporation) ~corporation, on behalf of the corporation. He/She is personallyknown t~ produced ~ did(did o~ (type of identification) as identification ~,~gho n (Printed Name o.~:lt~ry Public) (Signature of Notary Public)~ ~# ~, My Commission Expires (NOTARY'S SEAL) ._ -5- IN WITNESS WHEREOF the parties hereto have this agreement the day and year first written. WITNESS: (as to customer) CUSTOMER: (Name printed or type writte.n) (Sig,.p.~"-'"'~ ~ ----.., , (Address) ~._~.~ ~-'~/:~, (Name printed or typ~ written) STATE OF ~~~ ', COUN~ OF ~~ The foregoing instrument was acknowJedged before me this ~ ~ , , day of ~~ , 19 ~ by ~t~~ ~~~ i whois personally~ to me or has produced -('fype of Identification) aS identification and who did (d~not) take an oath. ,*' (Printed Name of Notaw Public) (Signature of Notaw Public) ~ %,, / Commission ~ ~~~~ , My Commission Expires ~ (NOTARY'S SEAL) ,[ ~t,~_ c ~/Sc D CRAIG The foregoing ins~nt was acknowledged before me this , of 19 , by ~ (name & title o~~ agent), of ~ ~ of corporation acknowledging), a ~ ~e or place of incorporation) . ~ ~corporation, on behalf of the corporation. He/She is personally know~r~ produced (type of identification)as id~fi~ho did (did no~ ~mission ¢ , My Commission Expires (NOTARY'S SEAL) -5- Legal DeScription ,Approved by the Planning & Zoning Department: (Sign)~ ]'~ Form Approved by the City Attorney's Office: (Sign) A'i-I-EST: CITY OF DELRAY BEACH (City Clerk) (Mayor) -6- LEGAL DESCRIPTION A PART OF LOTS 20. 21, AND 22, BREEZY ACRES SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20. PAGE 79 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, ALL LYING, SITUATED AND BEING IN SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY FLORIDA, AND THIS TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ON-E-QUARTER CORNER OF SAID SECTION 14; THENCE NORTH 00'i7'23" WEST, ALONG THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 1369.22 FEET TO A POINT AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE NORTH 88'39' 19~' EAST, ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 14, A DISTANCE OF 661.46 FEET TO A POINT; THENCE SOU"FH 00'36'55" EAST, A DISTANCE OF 14.00 FEET TO A POINT ON THE WEST LINE OF LOT 21 OF SAID BREEZY ACRES SUBDIVISION AND THE SOUTH RIGHT-OF-WAY LINE OF ATLANTIC AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 7396, PAGES 1511 THROUGH 1512 OF THE OFFICIAL PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 89'15'02" EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID ATLANTIC AVENUE, 60.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE BASELINE OF ATLANTIC AVENUE ACCORDING TO THE ROAD PLAT BOOK 3, PAGE 26 OF THE OFFICIAL PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 284.90 FEET TO A POINT; THENCE SOUTH 47'01 '21" EAST, ALONG THE SOUTH RIGHT-OF- WAY LINE OF SAID ATLANTIC AVENUE, A DISTANCE 36.40 FEET TO A POINT ON THE EAST LINE OF LOT 22 OF SAID BREEZY ACRES SUBDIVISION AND THE WEST RIGHT-OF-WAY LINE OF MARKLAND LANE: THENCE SOUTH 00'32'28" EAST,. ALONG THE EAST LINE OF LOTS 22 AND 20 OF SAID BREEZY ACRES SUBDIVISION AND THE WEST RIGHT-OF-WAY LINE OF SAID MARKLAND LANE, A DISTANCE OF 256.33 FEET TO A POINT; THENCE SOUTH 89'24'27" WEST, ALONG A LINE 52.58 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF LOT 20 OF SAID BREEZY ACRES SUBDIVISION, A DISTANCE OF 310.95 FEET TO A POINT ON THE WEST LINE OF SAID LOT 20; THENCE NORTH 00'36'55" WEST, ALONG THE WEST LINE OF LOTS 20 AND 21 OF SAID BREEZY ACRES SUBDIVISION, A DISTANCE OF 280.65 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.000 ACRES, MORE OR LESS. EXHIBIT A £1TY OF DELRI:IY BERI:H CITY ATTORNEY'S OFFICE ~°° ~ '~' ^~'~' ~'~'^~'~^~', ~o~,~^ ~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7091 DFLRAY BEACH Ali.America City MEMORANDUM 1993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Agreement for Sidewalk Improvements The attached agreement is between the City and C&L Realty Investments LLC, the owner of the property, to allow the waiver of the requirement to construct a sidewalk along N.W. 1st Avenue right-of-way until such time as the City requests the sidewalk to be constructed. A change in the use of the property from residential to commercial triggered the requirement for the construction of the sidewalk. If and when the City requires the Owner to construct the sidewalk, it would be at the Owner's sole cost and expense and in accordance with all current ordinances of the City of Delray Beach. This Agreement shall run with the land and be binding on the parties' heirs, assigns and SllCGeSSOrS. By copy of this memorandum to David Harden, our office requests that this Agreement be placed on the City Commission October 19, 1999 agenda for Commission Approval. Attachment cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Janet Meeks, Senior Planner AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this __ day of , ., between the City of Delray Beach (hereinafter the City) and I"~ .1~ .;lle-ri. _ .... &l~l~A I~ StoAO tAgC ) .. ~reinafier the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along /~/h,} (,5'/~L~ff~ until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the /~ ~ ] ~-~-/~ t~ right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the /~{ L~} f $'f ~0~__ right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this / day of 0~r~) , /c/q~ . WITNESSES: OWNER: (Please type or print nme) / (Please type or print name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __L_~Say of (fv)~~ , /q~? by CJ~.~4~f.~/~~) (n~e of officer or agent), of ~ ~~~nme of corporation), a (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally ~own to me or has produce~ 7 did/did not take an oath. O.~t,~ ~, a~ co&~ ~ ~~ Public - EXPIR~ ~y 27. ~ ~om~x ~ ' State of Florida (SEAL) ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: ,)~C~y Attorney SCOI HUT TRINITY LUTHERAN ~ LAKE IDA ROAD ' ME TH ODIS T CHURCH - ~ ~ CITY A TTORNET MARTIN LL/THI KIN(:; dR, DRIVE TENNIS OLD ,If'Il ..... ST,~DIUM SCHOOL ATLAN TIC AVENUE COMPLEX COUNTY HOUSE ~ MILLER ABRAMSON, INC. =n. or .~:L... la,.cH, n. OFFICE BU.I, LDING J MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM #'~0" ~ - REGULAR MEETING OF OCTOBER 19, 1999 CONTRACT WITH HIGHLAND BEACH FOR DISPOSAL OF PRETREATED SANITARY SEWAGE DATE: OCTOBER 15, 1999 This is before the Commission to approve a renewal contract between the City of Delray Beach and the Town of Highland Beach coveting the disposal of pretreated sanitary sewage. The renewal agreement basically incorporates the terms of the existing agreement between the parties and renews the agreement for another thirty (30) year term, from October 1, 1999 through September 30, 2029. The Highland Beach Town Commission voted unanimously to renew the contract on October 5, 1999. Recommend approval of the Contract for the Disposal of Pretreated Sanitary Sewage between the City and the Town of Highland Beach. RefiAgmemol 1.Sanitary Sewage Contract. Highland Beach Town of Highland Beach Th°InM~$aYj°'rkeid Vi~e Mayor: Michael W. Hill Commissioners: 3614 SOUTH OCEAN BOULEVARD · HIGHLAND BEACH, FLORIDA 33487 JohnJ. Sorrelli Paul R. Kane, Sr. Robert L. Lowe 561-278-4548 Town Manager: Palm Beach County, Florida FAX 561-265-3582 Ben Saag October 7, 1999 RECEIVED 0 C T 0 8 1999 Mr. David T. Harden CITY MANAGER City Manager City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 Re: Contract for Disposal of Sanitary Sewage Dear David: At their Regular Meeting on October 5, 1999 the Town Commission voted unanimously to renew its contract with the City of Delray Beach for the disposal of sanitary sewage, effective for a period of 30 years. Two (2) copies of the contract, executed on the Town's part, are enclosed herewith, as well as an original of the corresponding resolution. At the suggestion of our Town Attorney, because the previous contract expired in May 1999, it is requested that you determine the "Term of Agreement" (page 6, # 14). When your appropriate officials have signed off, please return a fully executed copy for our files. We look forward to continuing to work with the City of Delray Beach in this regard. Sincerely, Ben Saag Town Manager Enclosures (3) "Tree City U.S.A." RESOLUTION NO. 7 4 7 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, TO ENTER INTO A SANITARY SEWA GE AGREEMENT WITH THE CITY OF DELRA Y BEACH, FLORIDA. WHEREAS, the Town Commission of the Town of Highland Beach, Florida, finds it in the best interest of its residents to enter into an Agreement for the treatment of sanitary sewage; and WHEREAS, the Town's current agreement for the treatment of sanitary sewage with the City of Delray Beach is due to expire; and ~ WHEREAS, the Town Commission and the City of Delray Beach have negotiated the terms ora new Agreement for treatment of sanitary sewage; and WHEREAS, after review and deliberation, the Town Commission finds it to be in the best interest of the Town to enter into said Agreement, a copy of which is attached hereto and incorporated by reference herein; NOW, THEREFORE, BE IT RESOLVED, that the Mayor be and is hereby authorized to enter into a Sanitary Sewage Agreement between the Town of Highland Beach, Florida, and the City of Delray Beach, Florida. DONE B Y THE Town Commission of the town of Highland Beach, Florida, this 5 th day of October , 1999. THOMAS J. REID, MAYOR Attest: Town Clerk FLADOC$:40537_I (V~IOI) 12577.0000 CONTRACT FOR THE DISPOSAL OF PRETREATED SANITARY SEWAGE THIS AGREEMENT, made and entered into this ~ day of ,1999, by and thxough the CITY OF DELRAY BEACH, Palm Beach County, Florida, a municipal corporation, organized and existing under the laws of the State of Florida, hereinafter designated the "CITY", and the TOWN OF HIGHLAND BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter designated the "CUSTOMER"; and WHEREAS, the CITY owns and operates a Wastewater Transmission System and maintains treatment capacity at the South Central Regional Wastewater Treatment and Disposal Board's Plant; and WHEREAS, the CUSTOMER owns and operates a sewage collection system with a transmission system discharging wastes into the CITY's Wastewater Transmission System; and WHEREAS, the CITY and CUSTOMER on May 14, 1969 entered into a contract, hereinafter referred to as Disposal Contract for the disposal of pretreated sanitary sewage under which the CITY was to dispose of the sanitary sewage of the CUSTOMER; and WHEREAS, the CITY and CUSTOMER, on October 21, 1969, entered into a supplemental agreement number 1 to the Disposal Contract; and WHEREAS, the CITY and CUSTOMER, on June 2, 1981, amended the agreement to alter the rate charged under the agreement; and WHEREAS, the CITY and CUSTOMER, on June 30, 1992, amended the agreement to allow the CITY to charge for an additional twenty-five percent (25 %) surcharge above the CITY's expenditures to any user required to comply with the IPP requirements; and WHEREAS, the Disposal Contract expired upon May 14, 1999; and WHEREAS, the CUSTOMER has requested the CITY continue to make available capacity in the Wastewater Transmission System and for the disposal of sanitary sewage from the CUSTOMER's sewage collection and transmission system; and WHEREAS, the CITY is willing to maintain provision of the sewage disposal service described herein, if all of the terms and conditions hereinafter shall be observed and carried into effect. THEREFORE, in consideration of the mutual promises herein contained and other good and valuable considerations, the parties hereto do covenant and agree as follows: 1. Disposal Service. The disposal service made available by the CITY to the CUSTOMER shall be for the gallonage capacity and service area described as follows: GALLONAGE CAPACITY: The gallonage capacity which the CITY shall make available to the CUSTOMER for disposal of sanitary sewage into and through the CITY's Wastewater Transmission System shall be up to and including a maximum peak load of 80 million gallons per month. SERVICE AREA: The service area from which the CITY agrees to accept pretreated sanitary sewage for disposal into and through the CITY's Wastewater Transmission System shall be limited to the present municipal boundaries of the CUSTOMER as they exist at the date of execution of this Agreement. In the event the CUSTOMER desires to service areas or increase the gallonage capacity in addition to that above described, and desires to dispose of sanitary sewage from such areas or increase in gallonage capacity delivered to the Wastewater Transmission System, request for such additional service area or gallo_nage capacity shall be made in writing to the CITY and shall include the estimated peak flow. With respect to any such proposed increase in service area, or any service area other than that above described, the CITY reserves the right to approve or disapprove any such increase or expansion and further reserves the right to make a separate contract for such increased or expanded service area. 2 2. Prohbited Discharges; Treatment; Maintenance; Inspection. The CUSTOMER agrees that it shall not discharge or cause to be discharged into the CITY's Wastewater Transmission System any wastes or materials which will be detrimental to the proper operation and function of the Delray Beach system, and it is hereby covenanted and agreed that no surface drainage water or ground water infiltration shall be permitted to be discharged into the disposal system. It is hereby further covenanted and agreed that the CUSTOMER shall at all times maintain and operate its sewerage system in accordance with but not limited to the requirements of the United States Environmental Protection Agency and the Florida State Department of Environmental Protection. The sewage to be discharged into the CITY's system shall meet the degree of treatment as provided at the present or in the future by the Florida State Department of Environmental Protection. The cost of all maintenance of the CUSTOMER's collection and transmission systems shall be paid by the CUSTOMER. The CITY reserves the right to inspect the CUSTOMER's collection and transmission system if it has found that a violation exists, to ascertain that it is being maintained in accordance with the requirements of this paragraph. For purposes of making such inspections, the CITY shall have the right to enter the service area or property of the CUSTOMER as may be required or necessary under the circumstances, after having called CUSTOMER personnel and given them an opportunity to accompany CITY personnel in such inspection. The CITY and the · ,CUSTOMER both agree to carry such liability insurance as would protect the other when either enter onto the property of the other for any purpose authorized in this Agreement. 3. Sampling. The quality limitations of Paragraph 2 shall apply to concentrations or other physical or chemical characteristics obtained by analysis of a composite sample of the waters or waste received by the CITY in any 24-hour period, proportioned to flow. Periodic quality control tests shall be performed by the CITY. The CUSTOMER shall have the right to perform such quality control tests as it desires at the point of connection between its sewage collection and transmission system and the CITY's Wastewater Transmission System. 4. Sewa§e Meter. The existing master sewage meter located immediately north of the northem terminus of the aforesaid CUSTOMER's transmission line, but in the corporate limits of the CITY, shall continue to be read and maintained by the CITY. In the event such meter shall for any reason fail to function, or be substantially inaccurate, for any period of time, the flow for such period of time shall be estimated on the basis of past records. The CUSTOMER shall have the right to have its personnel accompany CITY personnel in meter reading and to make inspections and tests in company with CITY personnel at reasonable intervals to verify the accuracy of the meter. 5. Sewa§e Meter Facilities. It is understood and agreed that suitable facilities will be provided at the meter for the purpose of taking samples for making laboratory tests and analyses as regard the degree and quality of sewage introduced into the CITY's system. 6, Required Pressure. The CUSTOMER agrees to maintain, at the point of connection between the CITY's Wastewater Transmission System and the CUSTOMER's sewage collection and transmission system, a pressure in accordance with sound engineering design requirements and such as will allow proper velocities and operation in conjunction with the operation of the CITY's Wastewater Transmission System. · . 7. Disposal Rate. The CUSTOMER agrees to pay the CITY for disposal of its sewage through the CITY's Wastewater Transmission System as per the current rate as listed in Section 53.130(G)(2) of the Code of Ordinances of the City of Delray Beach, as may be amended from time to time. It is agreed that when cost to the CITY of providing sewage disposal service to the CUSTOMER either increases or decreases, such increase or decrease shall be passed on to the CUSTOMER as an increase or decrease in the rate charged to CUSTOMER, 4 as the circumstances dictate. The CITY shall give the CUSTOMER thirty (30) days advance notice before any such change in the rate shall go into effect. 8. Meter Readings. The meter readings shall be taken by the CITY on or before the 30th day of each month. Billing shall be issued monthly by the CITY and the billings shall become due and payable within fifteen days from the date of billing. 9. IPP Requirements. The CUSTOMER authorizes the CITY to be its authorized IPP coordinator. The CITY has full rights and authority to issue permits associated with the IPP and to enforce violations within the CUSTOMER's city limits in accordance with CITY's IPP ordinance, as may be amended from time to time. Due to the increased cost of regulating outside of the CITY's limits, CUSTOMER agrees to allow the CITY to charge an additional twenty-five percent (25%) surcharge above the CITY's expenditures to any user required to comply with the IPP requirements. CUSTOMER agrees to cooperate and assist the CITY in enforcing any violations within CUSTOMER's city limits. 10. Enforcement of Repair and Maintenance Ordinance. The CUSTOMER agrees to enforce an ordinance outlawing the repair and maintenance of septic tanks within its corporate limits and within the feasible collection area, and further to enforce legislation requiring the hook-up to its sanitary system within ninety (90) days from said date that service from its system is available. '. 11. Correction of Violation. The CUSTOMER shall have fifteen (15) days, or such greater time as may be required, if CITY approves in writing, to correct any violation of the provisions of this contract brought to CUSTOMER's attention by a written notification from the CITY sent by registered or certified mail to the CUSTOMER. If such violation continues after the expiration of the 15-day grace period, liquidated damages in the amount of one hundred dollars ($100) per day may be assessed by the CITY against the CUSTOMER for each day said 5 violation is known to continue. The CUSTOMER shall not be liable or pay any damages to the CITY under this clause for a violation not under their control caused by an Act of God, fire strike, casualty, necessary maintenance work, breakdown of or injuries to machinery, pumps or pipe lines, civil or military authority, insurrection or riot. 12. Indemnification. The CUSTOMER agrees to indemnify, defend and hold harmless the CITY for any litigation, damages, or both, including attorneys' fees and court costs, resulting from the effects of CUSTOMER's improper introduction into the CITY's Wastewater Transmission System of any solid, liquid, gas or other effluent, which may cause damage, either within or without the Wastewater Transmission System, including but not limited to fish kills, undesirable floating matter and explosions. 13. Unavoidable Temporary Cessation of DisposaL Any temporary cessation of disposal of sewage caused by an Act of God, fire, strike, casualty, necessary maintenance work, breakdown of or injuries to machinery, pumps or pipe lines, civil or military authority, insurrection, or riot shall not constitute a breach of this Agreement on the part of the CITY, and the CITY shall not be liable to the CUSTOMER or its inhabitants for any damage resulting from such cessation of disposal. In ease of a partial cessation of service, the CUSTOMER shall be treated like all other sewage facilities using the Wastewater Transmission System. 14. Term of Agreement. This Contract shall be and remain in full force and effect · .for and during a period of thirty (30) years from and after the / s7~ day of (~c>a~ , 1999, provided, however, that this Contract may be terminated or modified at any time by written mutual consent and agreement of the parties hereto. The Contract shall inure to and be binding and in full force and effect upon all successors of each of the parties hereto, and shall not be assigned by either party without the written consent of both parties. 6 15. Ordinance or Resolution Required. This Contract shall be subject to the condition that before it shall be binding on any of the parties hereto, the CITY and the CUSTOMER shall pass an ordinance or resolution expressly authorizing the execution of this Contract. 16. Rights and Remedies. In the event either of the parties shall fail to perform any of the covenants hereunder, the other party shall have, in addition to and withom prejudice to any other rights or remedies it may have, the immediate right to mandatory injunction or such other judicial process or order as shall be necessary and proper for enforcing the performance thereof. 17. Invalid Provision; Impossibility or Impracticability. In the event a court of competent jurisdiction declares a section or provision of this Contract invalid for any reason, such invalidity shall not affect the remaining sections or provisions of this Agreement which shall continue in full force and effect, if the remaining portions constitute an enforceable agreement. In the event such a judicial declaration results in frustration of the purpose of this Contract or makes the performance of this Contract impossible, such adjustments as may be equitable shall be made. 18. Third Parties Unaffected. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal · .representatives, and permitted assi~ms, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any fight of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, the CITY OF DELRAY BEACH, acting by and through its City Commission as the governing body, has caused this Agreemem to be executed in its ._amc and on its behalf by the Mayor of said Commission, its official seal to be hereunto affixed, attested by the Clerk of said City, and the TOWN OF HIGHLAND BEACH, acting by and through its official governmental body, has caused this Agreement to be executed in its behalf by its legal and official representative, its official seal to be hereunto affixed, attested by the Clerk of said City, the day and year first above written. CITY OF DELRAY BEACH, FLORIDA ATTEST: Palm Beach County, Florida By: City Clerk Jay Alperin, Mayor (SEAL) Approved as to Form: City Attorney TOWN OF HIGHLAND BEACH ATTEST: Palm Beachf2ounty, Florid~//~ T'~) erk Thomas Reid, Mffyor (SEAL) · Approve ormj AttOrney fo~ Highland Beach ~ CONTRACT FOR T~E DISPOSAL OF PRETREATED SANITARY SEWAGE THIS AGREEMENT, made and entered into this , , day of .~ ~.~ _ , 1969, by and between the CITY OF DELRAY BEACH, Pal each County, Florida, a municipal corporation, or- ganized and existing under the laws of the State of Florida, here- inafter designated the "CITY", and the TOWN OF HIGHLkND BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter designated the "CUSTOMER"; and WHEREAS, the CITY owns, maintains'and operates a Sani- tary Sewerage Ocean Outfall System which will make possible the discharge of sewage from the CUSTOMER into the Atlantic Ocean with the construction of a force main; and WHEREAS, the CUSTOMER desires to construct a sewage collection system with a transmission system to be constructed by the CUSTOMER, for discharge of wastes into the CITY's Ocean Outfall System; and WHEREAS, the CUSTOMER has requested the CITY to make available the Sanitary Sewerage Ocean Outfall System for the dis- posal of sanitary sewage from the CUSTOMER's sewage collection and transmission system, and the CUSTOMER desires and has re- quested permission to connect their sewage collection and trans- mission system to the CITY's Sanitary Sewerage Ocean Outfall Sys- tem; and WHEREAS, the CITY desires to grant permission to the CUSTOMER to connect its sewage collection and transmission system as herein described, providing that the same is constructed com- pletely at the cost of the CUSTOMER; and WHEREAS, the CITY is willing to provide the sewage dis- posal service described herein, if all of the terms and conditions hereinafter shall be observed and carried into effect. THEREFORE, in consideration of the mutual covenants to be kept and performed by the parties hereto, and in further consideration of the payment of TEN DOLLARS ($10.00) and other good and valuable considerations, by each party paid to the other, the receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 1. The CUSTOMER shall at its sole cost and expense construct a sewag~ collection, treatment and transmission sys- tem within the CUSTOMER's corporate limits and extending by force main to the CITY's existing ocean outfall line at Atlan- tic Avenue. After construction of the system and force main, that part within the CITY shall become the property of the CITY and shall be maintained by the CITY. The CUSTOMER will maintain all of the system within its corporate limits. It is further provided and agreed that the CITY, acting on its own or through its Consulting Sanitary Engineers, will review and approve all construction plans and specifications, at its own expense prior to their submission to the State Board of Health. All construc- ted works will be inspected to the satisfaction of the CITY, and approved, as above provided, prior to the date the proposed sys- tem is put into operation. The cost of any additional engineer- ing work resulting from such review, inspection and approval will be borne by the CUSTOMER. 2. The CUSTOMER also agrees to bear the entire cost and expense of obtaining such easements as may be needed. The CITY will cooperate with the CUSTOMER in obtaining necessary easements. 3. The disposal service made available by the CITY to the CUSTOMER shall be for the gallonage capacity and service area described as follows: -2- GALLONAGE CAPACITY: The gallonage capacity which the CITY shall make available to the CUSTOMER for dis- posal of sanitary sewage into and through the CITY's Sanitary Sewer- age Ocean 0utfall System shall be up to and including a maximum peak load of 80 million gallons per month. SERVICE AREA: The service area from which the CITY agrees to accept pre- treated sanitary sewage for disposal into and through the CITY's Sanitary Sewerage Ocean Outfall System shall be Limited to the present municipal boundaries of the CUSTOMER as they exist at the date of execution of this Agreement. In the event the CUSTOMER desires to service areas or increase the gallonage capacity in addition to that above described, and desires to dispose of sanitary sewage from such areas or increase in gallonage capacity delivered to the Sanitary Sewerage Ocean Outfall System, request for such additional service area or gal- lonage capacity shall be made in writing to the CITY and shall include the estimated peak flow. With respect to any such pro- posed increase in service area, or any service area other than that above described, the CITY reserves the right to approve or disapprove any such increase or expansion and further reserves the right to make a separate contract for such increased or ex- panded service area, provided, however, that the CITY shall not have the right to utilize any portion of the transmission main constructed by the CUSTOMER for conveyance of sanitary sewage from other areas, without the consent of the CUSTOMER and upon consummation of satisfactory contractual arrangements covering such use. 4. The CUSTOMER agrees that it shall not discharge or cause to be discharged into the CITY's Ocean Outfall System any wastes or materials which will be detrimental to the proper ope- ration and function of the Delray Beach disposal system, and it -3- is hereby covenanted and agreed that no surface drainage water or ground water infiltration shall be permitted to be discharged into the disposal system. It is hereby further covenanted and agreed that the CUSTOMER will at all times maintain and operate its sewerage system in accordance with but not limited to the requirements of the United States Public Health Service and the Florida State Board of Health. The sewage to be discharged into the CITY's Ocean Qutfall System shall meet the degree of treat- ment as provided at the present or in the future by the Florida State Board of Health. The cost of all maintenance of the CUS- TOMER's collection and transmission systems shall be paid by the CUSTOMER. The CITY reserves the right to inspect the CUSTOMER's collection and transmission system if it has found that a viola- tion exists, to ascertain that it is being maintained in accor- dance with the requirements of this paragraph. For purposes of making such inspections, the CITY shall have the right to enter the service area or property of the CUSTOMER as may be required or necessary under the circumstances, after having called CUS- TOMER personnel and given them an opportunity to accompany CITY personnel in such inspection. The CITY and the CUSTOMER both agree to carry such liability insurance as would protect the other when either enter onto the property of the other for any purpose authorized in this Agreement. 5. The quality limitations of Paragraph 4 shall apply to concentrations or other physical or chemical characteristics obtained by analysis of a composite sample of the waters or waste received by the CITY in any 24-hour period, proportioned to flow. Periodic quality control tests shall be performed by the CITY. The CUSTOMER shall have the right to perform such quality control tests as it desires at the point of connection between its sewage collection and transmission system and the -4- CITY's Sanitary Sewerage Ocean 0utfall System. 6. The CUSTOMER agrees to purchase a master sewage meter which will be located immediately north of the northern terminus of the aforesaid CUSTOMER's transmission line, but in the corporate limits of the CITY. The meter shall be purchased by the CUSTOMER and installed at its expense, shall be of a type mutually agreeable to the CITY and the CUSTOMER and shall be con- structed in a meter pit so situated that all sewage collected by the sanitary sewer facilities of the CUSTOMER and disposed of through the sewage disposal system of the CITY will be measured by such meter. The CUSTOMER shall construct the facility as a portion of its transmission line contract and this master meter and the transmission main connecting such meter with the CITY's sewage disposal system shall become the property of the CITY once accepted, and shall thereafter be read and maintained by the CITY. In the event such meter shall for any reason fail to function, or be substantially inaccurate, for any period of time, the flow for such period of time shall be estimated on the basis of past re- cords. The CUSTOMER shall have the right to have its personnel accompany CITY personnel in meter reading and to make inspections and tests in company with CITY personnel at reasonable intervals to verify the accuracy of the meter. 7. It is understood and agreed that suitable facili- ties will be provided at the meter for the purpose of taking samples for making laboratory tests and analyses as regard the degree and quality of sewage introduced into the CITY's system. 8. The CUSTOMER agrees to maintain, at the point of connection between the CITY's Sanitary Sewerage Ocean 0utfall System and the CUSTOMER's sewage collection and transmission system, a pressure in accordance with sound engineering design -5- requirements and such as will allow proper velocities and opera- tion in conjunction with the operation of the CITY's Ocean Out- fall System. 9. The CUSTOMER agrees to pay the CITY for disposal of its sewage through the CITY's Ocean Outfall System a sum to be determined as follows: (A) The CUSTOMER recognizes that the CITY pre- sently owns and o~erates a sewage disposal system including an ocean outfall line, and the CUSTOMER intends to construct a force main from its north corporate limit on State Road A1A to connect with said outfall line to dispose of sewage collected through the collection and transmission system to be constructed by the CUSTOMER. It is understood that the determined share of the ~mortized cost of the outfall line already in existence as related to the CUSTOMER's sewage flow is $180,504.00, and it is agreed that the interest and amortization cost included in the above figure shall be borne by the CUSTOMER. It is recited for informational purposes that the Bonds providing the CITY with the funds for the completed construction bear interest at the rate of 3.6% per annum. It is therefore agreed that there should be a fixed monthly charge of $654.00 per month payable by the CUSTOMER for twenty-three (23) years from the date fixed charges and gal- lonage charges commence as outlined in Paragraph (C) below, as well as an additional gallonage charge per 1,000 gallons of sew- age handled from the CUSTOMER. This latter charge shall be varia- ble as hereinafter more particularly described. (B) The CUSTOMER agrees that the gallonage rate shall be variable, but initially shall be based on the following considerations: a. Increased electric power costs $ .003 b. Labor and maintenance costs .006 -6- c. Insurance costs .003 d. Contingencies and miscellaneous, .008 i.e. Increased depreciation on master lift station and pumps and controls on Lift Stations 17 and 18. e. Overhead, i.e. Accounting, .015 billing and auditing Total $0.035 The monthly gallonage rate schedule shall be as follows: 0 to 5,000,000 gallons: $0.0350 per 1,000 gallons. 5,001,000 to 10,000,000 gallons: $175.00 + $0.0325 per 1,000 gallons in excess of 5,000,000 gallons. 10,001,000 to 15,000,000 gallons: $337.50 + $0.0300 per 1,000 gallons in excess of 10,000,000 gallons. Over 15,000,000 gallons: $487.50 + $0.0275 per 1,000 gallons in excess of 15,000,000 gallons. The CUSTOMER further agrees that in order to guar- antee such rate schedule, and to make this Agreement acceptable to the CITY, the CITY must receive a guaranteed monthly amount of money, over and above the fixed charges, which amount shall be referred to as the Minimum Gallonage Charge. It is agreed that the total Minimum Gallonage Charge shall be the amount of $100.00 per month. The above Minimum Gallonage Charge shall remain fixed for the duration of this Agreement, unless altered under the provisions of Paragraph 16. At the initial rate of 3%¢ per thousand gallons, the Minimum Gallonage Charge will provide the CUSTOMER with a minimum of 2,857,142 gallons of sewage handled monthly. If the gallonage rate changes, in accordance with -7- the provisions of this paragraph, the amount of sewage handled by the CITY in exchange for the Minimum Gallonage Charge will be determined by dividing the Minimum Gallonage Charge by the newly revised rate. Over the term of this Contract, it is recognized that variable costs, as listed above in determining the gallonage rate schedule, will fluctuate. With the possibility of this fluctuation in mind, the parties hereto agree that, annually, on the anniversary date of the commencement of the charges, the monthly gallonage rate schedule shall be increased or decreased at the same percentage increase or decrease of the latest pub- lished "Consumer Price Index - U. S. City Average, All Items", with each rate to be rounded off to the nearest one one-hund- redth of a cent. (C) The CUSTOMER agrees that in any event, the total monthly charges due the CITY shall not amount to less than the sum of $654.00 fixed charges per month and the sum of $100.00 minimum gallonage charges per month, totaling $754.00 monthly charges for the first twenty-three (23) years following the com- mencement of these charges and $100.00 per month thereafter. Said fixed charges and gallonage charges to the CUSTOMER shall commence the first day of the calendar month fol- lowing the date the proposed system is put into operation. 10. The meter readings shall be taken by the CITY on or before the 30th day of each month. Billing shall be issued monthly by the CITY and the billings shall become due and pay- able within fifteen days from the date of billing. il. The CUSTOMER agrees to pass and enforce an ordi- nance outlawing the repair and maintenance of septic tanks with- in its corporate limits and within the feasible collection area -8- within a 30-day period after its collection and disposal system is operational, and further to enact legislation requiring the hook-up to its sanitary system within one hundred twenty (120) days from said date that its system is operational. 12. The CUSTOMER shall have fifteen (15) days (or such greater time as may be required, if CITY approves) to correct any proven violation of the provisions of this Contract brought to its attention by a written notification from the CITY sent by registered or certified mail to the CUSTOMER t6 correct the cause of the violation. If such violation continues after the expira- tion of the 15-day grace period, liquidated damages in the amount of $100.00 per day may be assessed by the CITY against the CUS- TOMER for each day said violation is known to continue. The CUS- TOMER shall not be liable or pay any damages to the CITY under this clause for a violation not under their control caused by an Act of God, fire, strike, casualty, necessary maintenance work, breakdown of or injuries to machinery, pumps or pipe lines, civil or military authority, insurrection or riot. 13. The CUSTOMER agrees to hold and save harmless the CITY for any litigation and/or any damages, including attorneys' fees and court costs, resulting from the effects of its improper introduction into the CITY's Sewerage Ocean Outfall System of any solid, liquid, gas or other effluent, which may cause damage, either within or without the Sanitary Sewerage Ocean Outfall Sys- tem, including but not limited to fish kills, undesirable float- ing matter and explosions. 14. Any temporary cessation of disposal of sewage caused by an Act of God, fire, strike, casualty, necessary maintenance work, breakdown of or injuries to machinery, pumps or pipe lines, civil or military authority, insurrection, or riot shall not con- stitute a breach of this Agreement on the part of the CITY, and -9- the CITY shall not be liable to the CUSTOMER or its inhabitants for any damage resulting from such cessation of disposal. In case of a partial cessation of service the CUSTOMER shall be treated like all other sewage facilities using the Ocean Out- fall System. 15. In the event the CUSTOMER is unable to complete financial arrangements or otherwise comply with the contemplated plan of development, within one year of its execution, then this Agreement shall be null and void. The CITY and the CUSTOMER shall thereupon be free to renegotiate another Agreement. 16. This Contract shall be and remain in full force and effect for and during a period of thirty (30) years from and after the /~ .-4~i day of ~/,' ~, , 1969, provided, however, that this Contract may be terminated or modified at any time by written mutual consent and agreement of the parties here- to. The Contract shall enure to and be binding and in full force and effect upon all successors of each of the parties hereto, and shall not be assigned by either party without the written consent of both parties. 17. This Contract shall be subject to the condition that before it shall be binding on any of the parties hereto, the CITY and the CUSTOMER shall pass an ordinance or resolution ex- pressly authorizing the execution of this Contract. 18. In the event either of the parties shall fail to perform any of the covenants hereunder, the other party shall have, in addition to and without prejudice to any other rights or remedies it may have, the immediate right to mandatory in- junction or such other judicial process or order as shall be necessary and proper for enforcing the performance thereof. 19. In the event a Court of competent jurisdiction de- clares a section or provision of this Contract invalid for any -10- reason, such invalidity shall not affect the remaining sections or provisions of this Agreement which shall continue in full force and effect, if the remaining portions constitute an enforceable agree- ment. In the event such a judicial declaration results in frustra- tion of the purpose of this Contract or makes the performance of this Contract impossible, such adjustment as may be equitable shall be made. IN WITNESS WHEREOF, said CITY OF DELRAY BEACH, acting by and through its City Council as the governing body, has caused this Agreement to be executed in its n~me and on its behalf by the Mayor of said Council, its official seal to be hereunto affixed, attested by the Clerk of said City, and the CUSTOM_ER, acting by and through its official governmental body, has caused this Agreement to be executed in its behalf by its legal and official representative, its official seal to be hereunto affixed, attested by the Clerk of said municipality, the day and year first above written. CITY OF DELRAY BEACH Palm Beach County, Florida Attest: ~~ Clerk, City of_J~a3~~ach &/ ' Mayor THE "CITY" (SEAL) TOWN OF HIGHLAND BEACH Palm Beach County, Florida Attest: Clerk, Town of Highland Beach /' .,, Mayor ,~/~HE "CUSTOI~R" (SEAL) Approved as to Form: Attorney for Delray Beach At~6rney-for Highland Beach -11- CONTRACT EXHIBIT As part of the Agreement entered into this ~/~/day of ~~.---, 1969, the. CUSTOMER agrees to have the force main ru~Iing along A1A and between Atlantic Avenue, Delray Beach, Florida, and the location of the master sewage meter at the south limits of the CITY installed pursuant to the following conditions: 1. Work shall start at Atlantic Avenue and proceed southerly. 2. The CITY will issue a work permit covering only the period from May 1st to November 1st in any year. All work under- taken during this period, including force maiH inst211ed, road and sidewalk replacement, grass and shrubhgry replacement, and other items, whether or not specifically mentioned herein, shall be completed in m workmanlike manner at the termination of this period, and any work remaining to be done, as specified in the Contract, shall be deferred until the beginning of the following period. 3. In the event that the contractor fails to meet any of the conditions stated in the above paragraphs, the CITY, in accordance with the provisions of the Contract pertaining to un- completed work, shall have the right to take over and complete the items above mentioned, and the CUSTOMER hereby uncondition- ally agrees'to reimburse the CITY for such costs. 4. This Exhibit shall be included in, and made a part of, the contract under which the work covering the ins=allation of this portion of the force main is awarded. mo ~e 'C~ 8~ ~e ~ of ~~ h~ ~hf~r roforr~ all '~f~s ~r ~e or~g~l '~~' (~aa~) a~ C%TY OF DBL~AY BBACll ~/~ ~ / _ ../,, ' ..... v ' ' ~ ~ ' ' ' ~ ,' ~. - ~ , .:-~..~J~, -..~...' -~ . ~', . J-~:~. . (~) %, RO~T D. WORTHIHO, Ci~y Clerk · nd for ~he C~ntT, Florida do ho~by cort~f~ the for~ ~~ ne ~ ~t gong to be a tr~ ~d correct of Bupplem al Agreement No. 1, the o~tginal copy be~ - on f%le ~ my off,ce at C%ty tim11; ~lray ~ _ -~ach, Florida.. AMENDMENT TO CONTRACT FOR THE DISPOSAL OF PRETREATED SANITARY SEWAGE ENTERED INTO ON MAY 14, 1969 BETWEEN THE CITY OF DELRAY BEACH AND THE TOWN OF HIGHLAND BEACH 1 THIS/AGREEMENT, made and entered into this ~ .~ ~ day of ~/~l,, ~ , 1981, by and between the City of Dei~aY Be~ch, Palm Beach~o~'{y, Florida, a municipal corporation, organized and existing under~ the laws of the State of Florida, hereinafter designated the NCITYm, and the TOWN OF HIGHLAND BEACH, a municipal corporation organ- ized and existing under the laws of the State of Florida, hereinafter designated the "CUSTOMER". WI TNE S S E TH WHEREAS, the CITY and CUSTOMER on May 14, 1969 entered into a contract, hereinafter referred to as Disposal Contract, for the dis- posal of pretreated sanitary sewage under which the CITY is to dispose cf the sanitary sewage of the CUSTOMER; and, WHEREAS, the Disposal Contract is to remain in effect for a period of thirty years, subject to termination or modification by writ- ten mutual consent and agreement of the CITY and the CUSTOMER; and, WHEREAS, paragraph 9 of the Disposal Contract provides that the sum to be paid by CUSTOMER to CITY for sewage disposal shall be com- prised of two factors, namely (1) a fixed monthly charge reflecting the interest and amortization cost of CUSTOMER's share of the outfall, line, and (2) a gallonage charge per 1000 gallons of sewage handled from the CUSTOMER; and, WHEREAS, paragraph 9(BI of the Dispo Contract anticipates that the gallonage rate shall be changed from time to time; and, WHEREAS, the Disposal Contract provides for a gallonage rate which decreases as wastewater discharge increases, and such a sliding scale method of billing is unacceptable to the United States Environ- mental Protection Agency; and, WHEREAS, the procedure required under the Disposal Contract of imposing upon CUSTOMER a fixed monthly charge separate from the gal- lonage charge, reflecting the interest and amortization cost of CUS- TOMER's share of the outfall line is unacceptable to the United States Environmental Protection Agency; and, WHEREAS, subsequent to the time of the execution of the Dis- ppsal Contract, the cost to the CITY of disposing of CUSTOMER"s sewage has increased substantially due to costs related to the operation of the Regional Treatment Plant, which plant was not in existence at the time of the execution of the Disposal Contract, NOW, THEREFORE, in consideration of the promises and the 9bligations and conditions contained in the Disposal Contract, the CITY and CUSTOMER agree to amend the Disposal Contract as follows: 1. That paragraph 9 of the Disposal Contract is amended to read as follows: The CUSTOMER agrees to pay the CITY for disposal of its sewage through the CITY's Ocean Outfall System, a sum based on a gallonage charge per 1000 gallons of sewage handled from the CUSTOMER. The CUSTOMER and CITY acknowledge that the CITY's Ocean Outfall System at present is comprised of two separate components: (1) pumping and transmission by means of the Delray Beach facilities, and (2) treatment and · disposal by the Regional Treatment Plant. The CUSTOMER agrees that the gallonage rate shall be subject to change, as further described below, but at present shall be based on the following cost factors: Rate per 1000 ga[Ions 1. City of Delray Beach Facilities a. Debt Service $ 0.1100 b. Operation and Maintenance 0.0200 c. Renewal and Replacement 0.0100 d. Administration 0.0100 2. Regional Treatment Plant a. Debt Service 0.1040 b. Operation and Maintenance 0.3000 c. Renewal and Replacement 0.0062 d. Administration 0.0070 TOTAL $ 0.5672 Over the term of the Contract, it is recognized that the cost of providing sewage disposal will fluctuate from the present gallonage rate quoted above. It is agreed that such fluctuation shall be reflected in future gallonage rates without the need to further amend the Disposal Contract. Accordingly, it is agreed that when the cost to the CITY of providing sewage disposal service to the CUSTOMER either increases or decreases, such increase or decrease shall be passed on to the CUSTOMER as an increase or decrease in the gallonage rate charged to the CUSTOMER. The CITY shall give the CUSTOMER thirty (30) days advance notice before any such change in gallonage rate shall go into effect. IN WITNESS WHEREOF, said CITY OF DELRAY BEACH, acting by and through its City Council as the governing body, has caused this Agree- ment to be executed in its name and on its behalf by the Mayor of said Council, its official seal to be hereunto affixed, attested by the Clerk of said City, and the CUSTOMER, acting by and through its official governmental body, has caused this Agreement to be executed in its behalf by its legal and official representative, its official seal to be hereunto affixed, attested by the Clerk of said municipality, the day and year first'above written. CITY OF DELRAY BEACH Attest: Palm Beach County, Florida City Clerk Mayor THE "CITY" ( SEAL ) TOWN OF HIGHLAND BEACH Attest: Palm B~ch County, .Florida /~/ Clerk (~/TH Mayor E "CUSTOMER" ( SEAL ) Approved as to form: ~---_~" ~ ~ Attol~ey'for Delray Beach A~t6rh~ ~k Highland B~a'~J - 2 - AMENDMENT TO CONTRACT FOR THE DISPOSAL OF PRETREATED SANITARY SEWAGE ENTERED INTO ON MAY 14, 1969 BETWEEN THE CITY OF DELRAY BEACH AND THE TOWN OF HIGHLAND BEACH (~ THIS ~GREEMENT, made and entered into this ~d day of ~ , 1992, by and between the CITY OF DELRAY BEACH,~/Palm Beach County, Florida, a municipal corporation, organi~ed and existing under the laws of the State of Florida, hereinafter designated the "City", and the TOWN OF HIGHLAND BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter designated the "Customer" . W I T N E S S E T H: WHEREAS, the City and Customer on May 14, 1969 entered into a contract, hereinafter referred to as Disposal Contract for the disposal of pretreated sanitary sewage under which the City is to dispose of the sanitary sewage of the Customer; and WHEREAS, the Disposal Contract is to remain in effect until May 14, 1999, subject to termination or modification by written mutual consent and agreement of the City and the Customer; and, WHEREAS, the City and Customer, on October 21, 1969, entered into a supplemental agreement number 1 to the Disposal Contract, and on June 2, 1981, the City and Customer agreed to amend the Disposal Contract; and, WHEREAS, Paragraph 4 of the Disposal Contract provides that the Customer shall not discharge or cause to be discharged into the City' s disposal system any waste or materials which will be detrimental to the operation and function of the system, and that the Customer will at all times maintain and operate its sewage system in accordance with, but not limited to, the requirements of the State of Florida and the United States government; and, WHEREAS, subsequent to the time of the execution of the Disposal Contract, the United States Environmental Protection Agency required the City to adopt an Industrial Pretreatment Program ("IPP") in order to control and regulate industrial and commercial waste introduced into the disposal system and treated at the South Central Regional Wastewater Treatment Plant; and, WHEREAS, the Customer wishes to authorize the City to administer its IPP program within the Customer's city limits in order to ~educe the expense needed to operate the disposal system within Customer's city limits, NOW, THEREFORE, in consideration of the promises and the obligations and conditions contained in the Disposal Contract, the City and Customer agree to amend the Disposal Contract as follows: 1. The recitations cited above are incorporated herein. 2. The Customer authorizes the City to be its authorized IPP coordinator. The City has full rights and authority to issue permits associated with the IPP and to enforce violations within the Customer's city limits in accordance with the City's IPP ordinance, as may be amended. 3. Due to the increased cost of regulating outside of the City's limits, Customer agrees to allow the City to charge an additional twenty-five percent (25%) surcharge above the City's expenditures to any user required to comply with the IPP requirements. 4. Customer agrees to cooperate and assist the City in enforcing any violations within Customer's city limits. 5. Ail the terms and conditions of the Supplemental Agreement of October 21 , 1969 and the amendment of June 2, 1981 not in conflict with the aforementioned conditions of this amendment shall remain in full force and effect. IN WITNESS WHEREOF, said City of Delray Beach, acting by and through its City Commission as the governing body, has caused this agreement to be executed in its name and on its behalf by the Mayor of said Commission, its official seal to be hereunto affixed, attested by the Clerk of said City, and the Customer, acting by and through its official governmental body, has caused this agreement to be executed in its behalf by its legal and official representative, its official seal to be hereunto affixed, attested by the Clerk of said municipality, the day and year first above written. CITY OF DELRAY BEACH Attest: Palm Beaf~ounty, Florida City Clerk - ~ .~ 2 City Attorney TOWN OF HIGHLAND BEACH At~t~s t: j? Palm Be~~ ,?Zlerk Vice May6r Bill Paul TdWh A~torh~ ~ [lTV OF DELRFIV BEI:I[H CiTY ATTORNEY'S OFFICE ,,,w TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali.America City ~TE: October 14, 1999 1993 TO: City Commission ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Off-Site Parking Agreement - LS&R Investments On luly 6, 1999 the City Commission approved an Access Easement and Off-Site Parking Agreement between LS&R Investments, Wal-Mart and the City. LS&R Investments wants to expand its building and was required to provide 20 more parking spaces than currently exist on their property. Their property is adjacent to the Wal-Mart store at 16201 South Military Trail. Wal-Mart has surplus parking spaces and agreed to allow LS&R Investments the use of 20 of the parking spaces. Prior to approval by the Commission, Wal-Mart had preliminarily approved the agreement. However, after approval by the City Commission the agreements were submitted to Wal-Mart for approval. Wal-Mart did sign the agreement, but, made three minor changes in the agreement. The changes involve changing the word "exclusive" to "non-exclusive" in the third "WHEREAS" clause on page one and in the "NOW THEREFORE" clause on page two. The other change involves a change in the consideration paid by LS&R Investments to Wal-Mart from one dollar to $1,000.00 per month. This change was made in the "NOW THEREFORE" clause and a new paragraph was also added to provide for the payment by LS&R. Planning and Zoning has indicated that they do not have a problem with the change in the word "exclusive" to "non-exclusive". The other change referring to the consideration paid does not pertain to the City in any way. By copy of this memo to David Harden, City Manager, our Office requests that these changes in the Access Easement and Off-Site Parking Agreement be placed on the consent agenda for the October 19, 1999 City Commission meeting. Please call if you have any questions. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Jeff Costello, Principal Planner ACCESS EASEMENT AND OFF-SITE PARKING AGREEMENT THIS ACCESS AGREEMENT is entered into as of the fi'~ day of [~r~,~ 1999, by and between WAL-MART STORES, INC., a Delaware corporation, whose address is 702 S. W. 8th Street, Bentonville, Arkansas, 72716, with notices sent to 2001 S. E. 10th Street, Realty Management Division /19384, Bentonville, Arkansas, 72712-6489 ("WAL-MART"); and LS&R INVESTMENTS, also known as, LSR&K INVESTMENTS, a Florida General Partnership ("GRANTEE"), whose address is 16201 South Military Trail, Delray Beach, Florida, 33484, and the CITY OF DELRAY BEACH, a Florida municipal corporation, whose address is 100 N. W. First Avenue, Delray Beach, Florida, 33444 ("CITY"). WITNESSETH: WHEREAS, WAL-MART is the owner of that certain tract or parcel of land situated in the CITY of Delray Beach, County of Palm Beach, State of Florida, identified as Tract 1 on the site plan attached hereto as Exhibit "A" and more fully described on Exhibit "B" ("Tract 1"); and WHEREAS, GRANTEE is the owner of that certain tract or parcel of land in the same CITY, county and state, which tract lies adjacent to Tract 1 and is identified as Tract 2 on Exhibit "C" and more fully described on Exhibit "D" ("Tract 2"); and WHEREAS, GRANTEE has requested from WAL-MART, and WAL-MART is desirous of granting to GRANTEE, the non-exclusive right to use twenty (20) existing parking spaces on Tract 1, which twenty (20) parking spaces are graphically depicted on Exhibit "E" attached hereto, together with a non-exclusive easement for pedestrian and vehicular ingress and INii'iAt egress over and across the driveway and walkways on Tract I for purposes of ingress and egress to the twenty (20) parking spaces and to Tract 2; WHEREAS, Section 4.6.9 (E) (4) and (5) of the CITY's Land Development Regulations require the execution of this written agreement in order for GRANTEE's use of the twenty (20) off its site to be permitted; and NOW, THEREFORE, in consideration of the sum of $1,000.00 (one thousand dollars) per month, WAL-MART does hereby grant to GRANTEE, the non-exclusive Use of the twenty (20) parking spaces on Tract 1 depicted on Exhibit "E" for use of its tenant(s) and customers, licensees and invitees, together with a non-exclusive easement for vehicular and pedestrian ingress and egress over and across the driveways and walkways of Tract 1 for the purpose of access to and from the twenty (20) parking spaces and Tract 2, subject to the following terms and conditions to which the parties hereto do hereby agree: 1. Use of Ingress and Egress. The rights granted hereby are limited to, GRANTEE and its tenants and their respective customers, licensees, invitees and employees associated with the business operation located or to be located on Tract 2. Only passenger vehicles and light trucks and pedestrian traffic associated with Tract 2 may use the twenty (20) parking spaces and fights of ingress and egress granted hereby, but nothing herein shall be construed to limit or restrict ingress or egress on the driveways or walkways associated with Tract 1 or any part of said driveways or walkways( GRANTEE covenants that as long as WAL-MART, or any affiliate of WAL-MART is the user of Tract 1, either as owner or lessee, no space in or portion of Tract 2 shall be leased or occupied or conveyed to any other party for use as a discount department store without the prior written consent of WAL-MART which shall not be unreasonably withheld. 2. Maintenance. (a) GRANTEE shall be responsible for maintaining the twenty (20) parking spaces in a neat, clean, smooth and usable condition. (b) In the event GRANTEE fails to maintain or repair twenty (20) parking spaces, WAL-MART may do so, provided WAL-MART uses like or similar quality and type of materials originally installed, and invoice GRANTEE for WAL-MART's cost incurred restoring the damaged Area, whereupon GRANTEE agrees to reimburse WAL-MART within thirty (30) days or on receipt of the invoice. If GRANTEE fails to reimburse WAL-MART within said thirty (30) day period, WAL- MART has the option to terminate this agreement immediately with no further obligations or liabilities on the part of WAL-MART. However, WALMART may pursue any legal remedies or alternatives to collect any outstanding reimbursements related to this agreement. GRANTEE shall be responsible at its sole cost and expense to place and maintain a "STOP SIGN" at the curb-cut connecting Tract I and the vehicular entrance to Tract 2 at the South side of Tract 2. The "STOP SIGN" shall be placed to stop the traffic exiting Tract 2 and entering the Tract 1 parking lot or driveway. 3. Damage to Access Area. or Other Improvements. If, in the process of developing Tract 2, GRANTEE damages, breaks, destroys, or in any way impairs Tract 1, or any other improvements of WAL-MART, WAL-MART in its sole discretion, may require GRANTEE to either: (i) restore at GRANTEE's sole cost and expense the twenty (20) parking spaces, or WAL-MART's improvements to its original quality and condition; or (ii) WAL-MART may restore the twenty (20) parking spaces, or improvements and invoice GRANTEE for WAL-MART's costs incurred restoring the damaged Area, or improvements, whereupon GRANTEE agrees to reimburse WAL-MART within thirty (30) days of receipt of an invoice for such expenses. 4. Indemnification. GRANTEE shall indemnify, defend and hold harmless WAL- MART and the CITY from any damages or liability to persons or property that might arise at any time during the operation, or maintenance of the twenty (20) parking spaces or from the use of the ingress and egress granted to .GRANTEE, its customers, suppliers, employees, and tenants or anyone else using the twenty (20) parking spaces or ingress and egress to and from Tract 2. GRANTEE further agrees that GRANTEE will at all times during the duration of this easement maintain and pay for comprehensive general liability insurance affording protection to WAL-MART, the CITY and GRANTEE shall name WAL-MART and the CITY as additional Insureds on the policy or policies for a combined bodily injury and property damage limit of liability not less than $2,000,000.00 for each occurrence. GRANTEE further agrees, upon request to deliver to WAL-MART a certificate or certificates from an insurance company or insurance companies satisfactory to WAL-MART evidencing the existence of such insurance and naming WAL-MART as an additional insured. 4 5. Curb Cuts. GRANTEE shall be entitled to install no more than the curb cuts as shown on Exhibit "E" between Tract 2 and Tract 1. 6. Relocation. WAL-MART reserves the right to modify or relocate the twenty (20) parking spaces and ingress and egress provided such modification or relocation does not eliminate the twenty (20) parking spaces from the vicinity of their current locations and does not materially restrict or prevent ingress and egress to and from Tract 2. 7. Public Grant. Nothing contained herein shall be used or construed as a grant of any rights of use or entry to any public or governmental authority or agency. 8. Duration. The agreements contained herein and the rights granted hereby shall mn with the titles to Tract 2, the twenty (20) parking spaces and ingress or egress driveways on Tract 1, and shall bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 9. Payment GRANTEE shall be in default for the purposes of this paragraph if.' GRANTEE shall at any time be in arrears in the payment of the $1,000.00 (one thousand dollars) monthly fee pursuant to this Access Easement and Off-Site Parking Agreement and which arrears shall continue if not cured within 15 (fifteen) days after receipt of written notice. If GRANTEE fails to cure the default within the 15 (fifteen) days after receipt of written notice WAL-MART may terminate this agreement with no further obligations on the part of WAL- MART. 10. Change of ownership. In the event GRANTEE conveys or transfers title to Tract 2 to another party, WAL-MART shall be notified thereof within thirty (30) days thereafter. WAL-MART shall be provided the name and address of such transferee. The parties, specifically agree that this Agreement may be assigned (or subleased) to an affiliate, subsidiary or related entity of WAL- MART STORES, INC. without consent or notice. 11. This Agreement shall be recorded, the expense of recording shall be borne by GRANTEE. Any amendment to this Agreement shall be recorded at GRANTEE'S expense. 12. In the event this Agreement shall be terminated, it is agreed that GRANTEE's twenty (20) parking spaces must be provided elsewhere by GRANTEE in accordance with the CITY's then current regulation pertaining to parking or GRANTEE shall compensate for the loss of parking either by payment of CITY's then applicable in lieu parking fee (if any) or by otherwise causing Tract 2 to comply with the current CITY Codes, regulations and requirements, subject to CITY approval. 13. This Agreement may be enforced by any of the parties hereto, including, but not limited to the CITY. 14. 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 required spaces is met. 15. Headings. The headings of the paragraphs contained herein are intended for reference purposes only and shall not be used to interpret the agreements contained herein or the rights granted hereby. 6 16. Entire Agreement This Access Easement and Off-Site Parking Agreement and the Exhibits attached hereto and forming a part hereof set forth all the covenants, promises, agreements, conditions or understandings either oral or written between the parties hereto. No alterations, amendments, changes or additions hereto shall be binding upon the parties hereto, unless reduced to writing and signed by the party bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK instrument as of the day and year first above written. WAL-MART STORES, INC. a Delaware corporation Assistant Secretary LS&R INVESTMENTS, also known as, LSR&K INVESTMENTS, a Florida general partner~sh~p~ CORPO~TE AC~OWLEDOMENT STATE OF BEFORE ME, the undersigned authority, personally appeared WAL-~RT STO~S, INC., a Delaware corporation, who is personally ~nown to me and/or who produced a , as identification, and who affixed the seal of the corporation on the foregoing inst~ment and acknowledged that ~ did so for the purposes expressed therein on behalf of the corporation. WITNESS my hand and official seal this ~ day of Print Name: Commission %: Commission 99-15\agr.c[ i \de I-eye. agr\2-16-99 -8 - COUNTY OF ORE ME, t~e undersigned authority, personally appeared ~.~C~ , as General Partner of LS&R I~ESTMENTt a~s~ kn~ aS, LSR&K I~STMENTS, a Florida general ~artnership, who is personally known to me and/or who produced a , as identification, and who executed the foregoing instrument and acknowledged that he did so for the purposes e~ressed therein on behalf of the Partnership. , 1999. ~ P~n~~T ,CAR~LO co~ission ~: ~ e ~., .... ' .... ,~.c~, co~ission Exp: ~,~ CITY OF DELRAY BEACH, FLORIDA BY: ~ ~--~~...,-.-..- i y erk APPROVED AS TO FORM: ~C it.y Attorney 99-15\agr.ct i \deL-eye.agr\2- I&-99 --9- EXHIBIT B DESCRIPTION A PARCEL OF LAND SITUATED IN SECTION 26, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST THREE-QUARTERS (E %) OF THE SOUTH ONE-HALF (S ½) OF .THE NORTHEAST ONE-QUARTER (NE %) OF THE NORTHEAST ONE QUARTER (NE %) OF SAID SECTION 26, LESS THE EAST 75.00 FEET THEREFROM. THE ABOVE DESCRIBED PARCEL CONTAINS 14.2 ACRES MORE OR LESS. EXHIBIT D DESCRIPTION PARCEL B, PLAT OF WAL-MART CENTER, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA RECORDED IN PLAT BOOK 66, PAGE 41 AND 42, SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, SUBJECT TO THE EASEMENTS, RESTRICTIONS, ENCUMBRANCES AND OTHER MATTERS, IF ANY, OF RECORD. ,,.~,,, ........ I*"~-'~etU PARCEL COIIIAIIIS ".u Every ~eepect To. These Ap .... .. ~ .:,.: . .. , ,, :: ,,' '':, , , eS" ]~'~'W. , ! .0~ TYP.'e' HIGH CONe, ~EL ~TOP I :~~ "' · . . ~.. ~' : .' . . . :'.,,~...' ','.'.:, ~ ":.' , .,...' . - · ' ,.. '"' .... .. :" ~' . .... · '"'.:~ . "1 ".. " [ITY OF I]ELARY Bffi[H DELRAY BEACH /~l../~lll~jgaCj~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000 993 TO: David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager FROM: DATE: October 14, 1999 SUBJECT: Agenda Item City Commission Agenda, October 19 1999 Proposed Policy Changes - Tennis Center Action City Commission is requested to approve proposed policy changes for the Tennis Center. Background Attached is a letter received from BJCE, Inc. proposing policy changes for the Tennis Center operations. A summary of the changes are as follows: 1. Increase number of courts that can be reserved for lessons from 2 to 4 2. Change the court reservation system from a call-in system to a lottery system 3. Reduce the number of clay court tournaments These proposals are made to provide a more equitable system for court reservations and to provide more of a balance in court use. Mr. Dubin reviewed these proposed changes approximately one (1) month ago with tennis center patrons. We have received some objections to these proposals, but have also received a petition supporting the change to a lottery system. These changes were reviewed by City Commission at the October 12, 1999 workshop. Recommendation Staff recommends approval of the proposed policy changes for the Tennis Center. RAB:tas Attachments File:u:sweeney/agenda Doc.:RAB's Agenda Memo re Tennis Cntr Policy Changes THE EFFORT ALWAYS MATTERS ~. /L~/· 10/'07/1999 23:25 5612437386 DELRAV BEACH GOLF CL PAGE MEMORANDUM DATE: October 8, 1999 -tO: Bob Barcinski I:ROM: Brahm Dubin RE: Delray Beach Tennis Center Policy Changes COURT ALLOCATION ].998-1999 We allocated no more than 2 courts during the morning (Prime Ti~e) for lesson programs. The balance of courts were available for daily play. I 1999~2000 LIn o~der to improve the "Balance" between lesson pr gri~ms ~nd daily play, we are proposing to limit the nu~be::~ of:courts available for lesson programs to no more th~n ,] courts during prime time. ~n alll cases, we will always attempt to use our hard colrt:~ first. We will be sensitive to the days when there ar~ Team Matches that force us to block courts for daily I!I. COURT RESERVATION SYSTEM 2:1998-!1999 / Court' Reservations are taken at lpm the day before for me~be]~:s anld at 3pm the day before for non members at the Pro Sh~p e~'r byi calling in. ][999-!2000 lin order to provide a more equitable system that migimJ_izes iabuse of the system, we are proposing a "Lottery" sy~tem' : u: \bd\ tennis \memo~ \bbpolchg. dOC 10707/1999 23:25 581249?388 DELRAY BEACH GOLF CL PAGE 02 Phone System - Disa~vantage~ ',, On a daily basis, players must be available at lpm and must redial for at least 10-15 minutes. By approximately 1:10-1:15 all prime time courts are gone - an advantage to those who are there in person. No control over "double booking" leads to open courts during prime time. Staff are unable to verify court reservations until after the fact - inefficiency. - Players don't know time of play until lpm, day before play. ,, Results in 1/2 hour gaps between lesson courts and daily play. ~i!.gttery System - Members Only ,, Two to seven days in advance booking. ,, Drawing insures the same opportunity for everyone. Every slip is verified in advance before drawing thereby improving management efficiently and eliminates "Double bookings". ,, Players cannot be denied prime time two days in a row. Four names will be given priority in prime time. Players will know time 2 days in advance. Non members will reserve 1 day before at 3pm- Status Quo. Inladdition, we will open up all 1/2 hour time slots, improving court usage. 10/07/1999 23~25 5612437386 DELRAY BEACH GOLF CL PAGE 03 I I I. , TOURNAMENTS 1999 2000 VARIANCE CLAY COURT iUSTA Amateur 12 9 (3) ~Special Event --3 -0- ,!3) 15- 9- (6)- Hard Court -0- 3 3 Total 15 12 (3) U In addition, we will always attempt to start any to rney as late in the morning as possible to make available courts for open play. 3 18~07/1999 23-25 5612437386 DELRA¥ BEACH GOLF CL PaGE 84 LOTTERY RESERVATION SYSTEM 1. ~Reservation cards for each day will be available at! the reservation counter. Each day is represented by a di~fferent color. for 2. Members will simply fill out the reservation cards the days they want to play and drop it in the co[rresponding slot. - Fill in the DATE you are requesting to play (all cards without date will be disregarded). - Ail first AND last names of players must be listed on the sheet. - CALL IN any changes of players within 48 hours(failure to do so will prohibit you from using the reservation system). List 3 different time priorities. - You may book a court up to ONE WEEK IN ADVANCE. '- Only ONE CARD PER GROUP will be accepted (if duplicate names are found, all requests in question will be considered last). - ONLY MEMBERS are entitled to use the reservation system. - The COURT CAPTAIN is the member making the reservation. .- The COURT CAPTAIN is the only person to call for court time(if none has been assigned, the first name on the card is assumed the captain) - that being the only name on the court sheet. 3 iCards will be checked for DATE, DUPLICATION, shuffled a!nd drawn at 12pm daily, 48 hours in advance of play.. ~1 4. iFollowing the daily draw, times will be posted at th~ reserv:ation desk after 4pm. Only COURT CAPTAINS may ca~l after 4pm for COURT TIMES. 10/07/1999 23:25 5612437386 DELRAY BEACH GOLF CL PAGE 05 !5. Telephone reservations by members will be taken no so'oner than 24 hours in advance one day after the draw ca'll ~4onday for Tuesday court times. (i.e. 9am for 9am, 10am for 10am) , .' I 6. ALL PLAYERS MUST CHECK IN before play to receive cdurt ass].gnment. Each individual will SIGN their aslsigament card and show their membership card The last toI do it Will take the card and post it on the door of their cobrt, Court assignments WILL NOT be given out over the teileptlone or before check-in. 7. 'If your COURT ASSIGNMENT CARD is not posted, is in'com~:~lete, or does not match the reservation, we will interrupt your game. ~ :i~. .Those who cancel their court after the draw has behn ,:~omp!eted will be penalized (disqualified for the draw for the w~ek) . Only those who do not receive any of their times 'wili have the option to cancel. ::1- Courts may be scheduled in advance by staff for le'ssons, ~eam matches, tournaments, clinics and special 10. iPlayers who arrive more than 10 minutes late will .. automatically forfeit their court time. If, for some reason you cmn not keep your court tim~, please call us in advance. Not ac~er~ng to this policy may result in denying you the ~rivilege Iof reserving a court! ' lL'l. IIf you would like to play more than your assigned ti~e, you MUST come in to the desk and check court ava~labmlity. 12. ..Player conduct in tennis is based on mutual respe¢)t and common courtesy. It is expected that players exhibit a ~olite demeanor at all times while on the premises. i 13. iDo not go onto your assigned court until the time schedules ::you. It is disruptive to the players. f~kILURE TO COMPLY WITH ANX OF THE ABOVE RULES WILL ;i. UTO~ ~TICALL¥ RESULT IN DISQUALIFICATION. 5 f'¢'~ ' Tuesday, Sept. 21, 1999 L~;!/~S,'~,,~"r')j'~_ 1 929 Fern Drive ~'V'[~~'I~;' Delray Beach, Fl. 33483 Mayor Oay Alpdn 243-8549 Ci~ of Delray Beac~EP 2 8 ~999 (56t) 100 N.W. 1st. AvenueA~ ~: .-~ ,-,:.;;.~, Delray Beach, Fl. 3~ Dear Mayor Alpdn: We, the undersigned, are writing to express our suppo~ for changing the system of cou~ rese~ations at ~e Delray Tennis Center to a Lo~e~ Based system. Presently, members must call in no sooner tha~ 1:00pm to rese~e a cou~ for the follp3ing day. This system does not work vew efficiently, and leaves many members unsatisfied. The present system lends itself to abuse by some members, despite the best effo~s of the Tennis Center to prevent it. ' Mr. Laurent Leclerc, Director of Tennis for the center, has proposed to change the present system to one based on a Ioffew. Many members feel this change is wo~h twing. However, ~ at a recent evening meeting, some members were yew vocal in expressing ~eir wish to maintain the status quo. There is, neve~heless, a large group (who was either unable to aEend, or not able to e~ress their opinions at the time) in favor of giving a new, mom democ~¢c system of cou~ ~e~ations a We are wri~ng in the hopes ~at, should this maffer come across your desk, you become aware that change is necessaw, and indeed welcomed by many of us. .. "... MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #~r~ REGULAR MEETING OF OCTOBER 19, 1999 SERVICE AUTHORIZATION #2/MATHEWS CONSULTING, INC. (VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS FROM CASUARINA ROAD TO ATLANTIC AVENUE) DATE: AUGUST 31, 1999 This is before the City Commission to approve Service Authorization #2 m the amount of $130,500.00 with Mathews Consulting, Inc. for preliminary and final design services associated with proposed utility, drainage and roadway improvements along Venetian Drive from Casuarma Road to Adantic Avenue. In addition to the work along Venetian, improvements will be made to portions of Langer Way, Nassau Street, Ingraham Avenue and Miramar Street as indicated on the map included m the backup material. The scope of the project includes installation of a new 16-tach forcemam, sanitary sewer rehabilitation (e.g. gravity mare and manholes), lift station #17 rehabilitation and replacement of pumps if necessary, drainage improvements, water main upgrades, tie-Ms and stub-outs, along with roadway reconstruction and resurfacmg. The professional services contracted for under the service authorization include preliminary design, survey services, final design, permitting and bidding services for the entire project. Funding will be from 441-5181-536-65.09 (W&S Transmission/Storage - Venetian Drive). Recommend approval of Service Authorization #2 with Mathews Consulting, Inc. for the Venetian Drive infrastructure improvements project. RefiAgmemol 6.ServiceAuth.#2.Mathews Consulting. Venetian Drive Agenda Item No. o0'.~-- AGENDA REQUEST Date: 11-Oct-99 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 19-Oct-1999 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute Service Authorization # 2 with Mathews Consulting, Inc. This Service Authorization covers the Preliminary and Final Design Phases for improvements on Venetian Drive, Miramar Street, Ingraham Avenue, Nassau Street, and Langer Way. These improvements include: installation of new 16-inch force main, sanitary sewer (e.g. gravity main and manholes) rehabilitation, LS 17 wet-well rehabilitation and replacement of pumps if necessary, drainage improvements, water main upgrades, tie-ins and stub-outs, roadway reconstruction/resurfacing. Total cost for this Service Authorization is $130,500.00. Funding is available from account # 441-5181-536-65.09. ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval/authorization of Service Authorization # 2 with Mathews Department head signature Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re/q~d on all items involving expenditure of funds): Funding available: ~.~ES~IO Funding alternatives-- (if applicable) Account No. & Description 441-5181-536-65.09 (Venetian Dr) Account Balance $392,000.00 c,~ d~) I old' '~'i d"~ .-"r'~-0 · City Manager Review: E~/ ¢/~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: Ag520.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Randal L. Krejcarek, P.E., City Engineer,~,~_-~ DATE: 30 Sep 1999 SUBJECT: Venetian Drive - Casuarina Road to E Atlantic Avenue Project # 2000-010 Commission Agenda item Service Authorization # X with Mathews Consulting Attached is an agenda item for Commission approval/authorization for the Mayor to execute Service Authorization # 2 with Mathews Consulting, Inc. This Service Authorization covers the Preliminary and Final Design Phases for improvements on Venetian Drive, Miramar Street, Ingraham Avenue, Nassau Street, and Langer Way. These improvements include: · installation of new 16-inch force main · sanitary sewer (e.g. gravity main and manholes) rehabilitation · LS 17 wet-well rehabilitation and replacement of pumps if necessary · drainage improvements · water main upgrades, tie-ins and stub-outs · roadway reconstruction/resurfacing The attached map shows the project location. Total cost for this Service Authorization is $130,500.00. Funding is available from account # 441-5181-536-65.09. Please place this item on the 19 October 1999 Commission meeting. enc cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director ~ESSRVOO2~DEPARTMENTS~EngAdrnin~Projects~OOlagendamerno01-2000-010. doc ..... A.?-..L. -A-._N T I C A V E N U E .............. '~ MIRAMAR COCONUT ROW SITE " ............ o, --. '-- I OCEAN TERR .... r' 's:T. 1. ..... ~X~ ..... ' ....... ~-m-~[¥ ....... ~Nj ........ ROAD ' I CilY of DELFIAY BEACH 11 VENETIAN DRIVE E~.~N~I=FIONMENTAL 8EIRVICE8 Di~ARTMENT j[ I[VEN£,nANSX~ii '~ m.~m~. A-- =~j.,~, e~,.~ ._o.~ __ LOCATION MAP CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 2 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. 2000-010 MATHEWS CONSULT. PROJECT NO. TITLE: Venetian Drive Infrastructure Improvements This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services I. PROJECT DESCRIPTION The City's 1999/2000 Capital Improvement Program has identified the project area (Venetian Drive from Casuarina Road to the north side of Atlantic Avenue and adjacent portions of Ingraham Avenue and Nassau Street) to have the following infrastructure improvements: · installation of new 16-inch force main · sanitary sewer (e.g. gravity main and manholes) rehabilitation · LS 17 wet-well rehabilitation and replacement of pumps if necessary · drainage improvements · water main tie-ins and stub-outs · roadway reconstruction/resurfacing The scope of this Service Authorization is, but not limited to providing preliminary design services, survey services, final design, permitting and bidding services for the above improvements. II. SCOPE OF SERVICES Phase I - Study and Report Phase Not Applicable. venetiansa01-2000-01010/11/99 1 Phase II - Preliminary Design Phase Consultant shall provide preliminary design phase services in accordance with Article 111 .B of the Agreement for Engineering Services with the City, dated June 2, 1999. 1. A preliminary design (letter report) shall be used to accurately define the scope and characteristics of the project. Development of this document will begin immediately after the first project meeting, and will be used to direct the activities necessary to design the facilities and develop construction documents. 2. Field reconnaissance of the proposed pipeline(s) corridor will be performed. Photograph log walk-through will be included. In addition, potential underground existing facilities will be identified. 3. Coordination with utility agencies shall be performed to collect record information. This includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 4. Sewer service area and pump station capacity shall be verified for the project area for existing conditions and conditions with proposed improvements. 5. A preliminary pipeline alignment for new force main, water connections/stub- outs, sanitary sewer rehabilitation, and storm drainage improvements will be selected to minimize known utility and structural conflicts. The preliminary pipeline alignments will be discussed with City for purposes of final pipeline alignments selection. 6. A preliminary roadway reconstruction/resurfacing schematic shall be developed which shall identify the limits of roadway improvements. 7. A cost comparison including construction considerations shall be developed to determine if the existing 21-inch sanitary sewer along Venetian Drive should be either (a) slip lined with cut-in laterals, or (b) replaced with a new 1 O-inch or 12- inch line. 8. Following selected preliminary pipeline layouts and roadway improvements for the project area, a preliminary cost opinion including construction cost and allowance for engineering costs and contingencies shall be developed. 9. At the outset of the project, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), Palm Beach County Health Department venetiansa01-2000-01010/11/99 2 (PBCHD), Florida Department of Transportation (FDOT), and City of Delray Beach. A table listing the identified permitting agencies and associated permit fees shall be prepared and included in the Preliminary Design Report. 10. The Preliminary Design Letter Report shall contain schematic layouts and conceptual design criteria for the proposed pipelines and roadway improvements. A preliminary cost opinion will also be provided. Five copies shall be submitted in draft form for review by City. Consultant shall conduct one preliminary design review meeting with the City following the preliminary design report submittal. The Final Preliminary Design Report will incorporate City comments and five copies shall be submitted. Phase III - Final Design Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated June 2, 1999. 1. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 14 format. 2. Contract documents consisting of "front-end" documents and technical specifications shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. 3. Drawings and specifications (four copies) shall be submitted for City review at 50%, 90% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. 4. Consultant shall furnish with the 100% design drawings, one (1) mylar set and one (1) set of CAD files in electronic format on 3-1/2" disk. 5. Prior to bidding, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. venetiansa01-2000-01010/11/99 3 Phase IV - Bidding/Negotiation Phase 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide 20 sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall attend pre-bid conference and provide a written summary of issues discussed. 3. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Phase V - Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Addendum No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City. Other - Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of-way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the right-of-way (including 5- feet back on each side of the right-of-way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, venetiansa01-2000-01010/11/99 4 power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. c. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of- way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated on the driveways and parking areas to indicate direction of grade. e. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. 2. The above topographical survey data will be prepared in AutoCAD (Version 14) format at a scale of 1"=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. The CAD drawing shall also include: · Location of soil borings. · Location of utility pot holing. Other - Permitting At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), Palm Beach County Health Department (PBCHD), Florida Department of Transportation (FDOT), and City of Delray Beach. Permit applications shall be completed for SFWMD, PBCHD, FDOT, and City of Delray Beach. Associated permit application fees shall be determined by Consultant and paid by City. venetiansa01-2000-01010/11/99 5 In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. · Respond to request(s) for additional information from each agency. Note: Permitting services include providing stormwater basin analysis of the project area including the evaluation of the capacity of the existing stormwater pump stations. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of sanitary, water, drainage and roadway improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquistions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the fee to be paid in accordance with the Agreement. · A time established for completion of the work. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant, will advise City in writing of the magnitude of the required adjustments. Change in completion schedule or compensation to Consultant will be negotiated with City. venetiansa01-2000-01010/11/99 6 1. City shall provide Consultant available record drawings of existing facilities in the project area, which shall serve as the basis for modifications included in this project. 2. City shall provide Consultant base map materials for Lift Station Nos. 14, 16, 17, and Highland Beach. 3. City shall furnish basic pump station data from maintenance/inventory records compiled for Lift Station Nos. 14, 16, 17, and Highland Beach. Data shall include pump performance curves, station configurations, design flows and related data for implementation. 4. City personnel shall provide field tests to determine discharge flow and pressure requirements of Lift Station Nos. 14, 16, 17, and Highland Beach. 5. City personnel shall assist in field verification of affected City facilities. 6. Consultant can assume that all existing and proposed utility improvements are within the City right-of-way easements. 7. Consultant can assume that proposed roadway improvements are within the City right-of- way easements. 8. City shall be responsible for acquistion of easements (including temporary). Consultant shall provide legal description and sketches of easements including temporary construction easements of property that may be required for facilities. 9. City shall provide front-end documents and technical specifications on computer disk. 10. Contractor shall provide City with final Record Drawings. 11. Consultant has assumed the proposed forcemain that crosses Atlantic Avenue will be installed by open-cut method and not jack and bore. 12. Consultant has assumed the proposed sanitary sewers will be rehabilitated by slip-line methods and cut-in laterals will be provided for sanitary sewer service. If it is determined in the preliminary report that the sanitary sewers will have to be removed and replaced with new sanitary sewer pipe, then any additional design fees will be paid by City to Consultant out of the Additional Services included in this Service Authorization No. 2. 13. City shall furnish the services of a geotechnical firm to obtain all soil investigations and test necessary. venetiansa01-2000-01010/11/99 7 III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services Time per Phase Cumulative Time Phase IIO~ 10 weeks 10 weeks Phase III{2} 16 weeks 26 weeks Phase IV 6 weeks 32 weeks (1) Survey will be prepared during Phase II time period (2) Permits will be prepared during Phase III time period VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Engineering Services Estimated Fees Phase II - Preliminary Design Phase $15,000.00 Phase III - Final Design Phase $ 76,000.00 Phase IV - Bidding Phase $ 3,000.00 Survey $ 25,500.00 Permitting $ 7,000.00 Out-of-Pocket Expenses $ 4,000.00 Additional Services $ 15,000.00 TOTAL PROJECT COST $130,500.000) Notes.'. (1)Total project cost does not include the $15, O00 for Additional Services (if authorized by the City). venetiansa01-2000-01010/11/99 8 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant may not commence work on and Service Authorization approved by the City to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: Date: Jay Alperin, Mayor Rene L. Mathews, P.E., President Wimess Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of__, 1999 by Rene L. Mathews, President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement venetiansa01-2000-01010/11/99 9 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #~i'~- REGULAR MEETING OF OCTOBER 19, 1999 SERVICE AUTHORIZATION #71/O'BRIEN, SUITER & O'BRIEN (SEACREST/DEL-IDA AREA IMPROVEMENTS PHASE II) DATE: OCTOBER 14, 1999 This is before the City Commission to approve Service Authorization #71 in the amount of $13,935.00 with O'Brien, Suiter & O'Brien, Inc. for surveying services associated with Phase II of the Seacrest/Del-Ida Area Improvements project. A listing of the streets to be surveyed under this service authorization is set out in the memorandum from Environmental Services. A map illustrating the street locations is also provided. Funding will be from 442-5178-536-65.03 (W&S Renewal & Replacement/Other Improvements - Seacrest & Del-Ida). Recommend approval of Service Authorization #71 with O'Brien, Suiter & O'Brien. RefiAgmemol6.ServiceAuth.#71.O'Brien, Suiter & O'Brien. Seacrest/DeMda Phase II Agenda Item No. D"~ ' AGENDA REQUEST Date: Oct. 12,1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Oct. 19, 1998 Description of item (who, what, where, how much): Execution of service authorization number 71 to O'Brien, Suiter, & O'Brien, Inc. in the amount of $13,935.00 for the Seacrest/Del Ida Area Improvements Project Phase II, Project 00-001. The funding for this project will be provided from the following: Funding Source Account Number Amount Seacrest/Del Ida R/R 442-5178-536-65.03 $13,935.00 Water Improvements ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends execution of the service authorization number 71 to O' Brien, Suiter, & O' Brien, Inc. in the amount of $13,935.00 for the Seacrest/Del Ida Area Impr~.ements Project Phase II, Project 00-001.(~ '~~~~~ 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:GNO Funding alternatives (if applicable) Account No. & Description~-~-/7~.-JJ~ ~ 3 O~¢r/~,~/~W-~6r6Jff~/'~J~ Account Balance ~ ~, O~d ~0 ~? ~/£J,/~ " City Manager Review: Approved for agenda: ~/NO ~l Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM: Barron E. Caronite, PE, Assistant City Engineer'~~~ DATE: October 13, 1998 SUBJECT: Seacrest/Del Ida Area Improvements Phase II Project No. 00-001 Please find enclosed the agenda request for Commission to execute service authorization number 71 in the amount of $13,935.00 to O'Brien, Suiter & O'Brien, Inc. to survey the area encompassing the Seacrest/Del Ida Area Improvements Phase II project. I have enclosed a map illustrating the streets to be surveyed. The streets to be surveyed include the following: NE 5th Court NE 2nd Ave. NE 3rd Ave. NE 5~ Terrace NE 2nd Ave. NE 3rd Ave. Royal Court NE 5th Terrace NE 3rd Ave. NE 11th St. 150' East of center of Swinton Ave, NE 11th St. 150' East & West of center of NE 2nd Ave. NE 13th St. 150' East of center of Swinton Ave. NE 13th St. 150' East & West of center of NE 2nd Ave. Bonnie Briar Highland Lane NE 2nd Ave. Highland Lane NE 16th St. Heather Lane NE 15th St. NE 2nd Ave. NE 3rd Ave. NE 16th St. Swinton Ave. NE 2® Ave. NE 16t~ St. NE 17th St. NE 3rd Ave. NE 17th St. NE 2nd Ave. NE 16th St. NE 18~n St. Swinton Ave. NE 2nd Ave. E. Pine Ridge Court NE 22 St. North cul-de-sac W. Pine Ridge Court NE 22 St. North cul-de-sac NE 3`d Ave. NE 18th St. North cul-de-sac Funding Source Account Number Amount Seacrest/Del Ida P,/R Water Improvements 442-5178-536-65.03 $13,935.00 If acceptable, please place this item on the October 19, 1998 Commission meeting for Commission approval. Attachment cc: Randal Krejcarek, P.E. City Engineer Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director File: 00-001 (A) AGENMEMO01.doc O'BRIEN, SUITER & O'BRIEN, INC. CITY Of DELRAY BEACH CONSULTING sERVICES AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. ~1 FOR CONSTRUCTION SERVICES CITY P.O. NO. CITY EXPENSE CODE PRO~ECT NO.:~:/oO-OOi (CITY) (O'BRIEN, SUITER & O'BRIEN, INC.) TITLE: SEACEEST/DEL IDA AREA SURVEY · This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated May, 1991, between the City of Delray Beach and O'Brien, Suiter & O'Brien, Inc. I. PROJECT DESCRIPTION Prepare route survey on the following: ~ FROM TO N.E. 5th CT N.E. 2nd Ave. N.E. 3rd Ave. N.E. Terr. N.E. 2nd Ave. N.E. 3rd Ave. Royal Ct. N.E. 5th Terr. N.E. 3rd Ave. N.E. 11th St. 150' East of center of Swinton Ave. N.E. 11th St. 150' E & W of center of N.E. 2nd Ave. N.E. 13th St. 150' East of center of Swinton Ave. N.E. 13th St. 150' E & W of center of N.E. 2nd Ave. Bonnie Briar Highland Lane N.E. 2nd Ave. Highland Lane N.E. 16th St. Heather Lane N.E. 15th St. N.E. 2nd Ave. N.E. 3rd Ave. N.E. 16th St. Swinton Ave. N.E. 2nd Ave. N.E. 16th St. N.E. 17th ST. N.E. 3rd Ave. N.E: 17th St. N.E. 2nd Ave. N.E. 16th St. N.E. 18th St. Swinton Ave. N.E. 2nd Ave. E. Pine Ridge Court N.E. 22nd St. North cul-de-sac W. Pine Ridge Court N.E. 22nd St. North cul-de-sac N.E. 3rd Avenue City Lot by School North cul-de-sac II. SCOPE OF SERVICES. 1. Survey will show all platted rights-of-way (including Page 1 bearing and distances for centerlines), lot numbers, "block numbers and platted easements. 2. Survey will show all improvements, physical objects, driveways and significant landscape (i.e. trees, shrubs) within the right of ~ay. 3. All underground utilities will be shown on the survey. Inverts on sanitary and storm sewers will be indicated, as well as, locations of water valves and meters will be shown. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be surveyor's responsibility. 4. All topographical surveys will have station established from south to north and west to east where applicable. 5. Elevations will be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades will be indicated at all grade breaks, driveways, and sidewalks. Two grades (one at the right of way line and one 15 feet back) will be indicated on the driveways to indicate direction of grade. 6. ~urvey will include topography of the complete intersection at the terminal end of each street. 7. Survey will include all posted street addresses for all properties adjacent to those rights of way being surveyed. 8. Surveys shall be submitted on floppy disk, one vellum copy, and one signed and sealed print, with a copy of field notes. II1. BUDGET ESTIMATE OF SERVICES Compensation for services described herein shall be in lump sum of $13,935. IV. COMPLETION DATE This work for this Service Authorization will be completed within sixty (60) days of the date of this Service Authorization, Page 2 This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered 'in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liabilityJ The CONSULTANT may not commence work on any service authorization without a further notice to proceed. Approved by: CITY OF DELRAY BEACH O'BRIEN, SUITER & O'BRIEN, INC. Date Date /O//~/~ , Jay Alperir~ Paul D. Engl6 ' Mayor Secretary/Treasurer City Clerk Witness Approved as to Legal ' Sufficiency and Form STATE OF FLORIDA City Attorney COUNTY OF PALM BEACH The foregoing instrument was ackno?ledged before, me this /~T// day of 19~)9~,- by Paul D. Engle, Secretary/Treasurer, of O'Brien, Suiter & O'Brien, I nc. , a F I or i da co,Do,at i on, on behalf of the corporation. He is personal ly known to me and did take an oath. Notary Public ~ ' ',, ~rol E ~r _ .. MY C~ ~ ~18 ~RRES ~.~ ~t~ ~ 2~2 Page 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~f_~I SUBJECT: AGENDA ITEM # ~/I( - REGULAR MEETING OF OCTOBER 19, 1999 DIGITAL BASE MAPS/ADR, INC. (JOINT VENTURE WITH PALM BEACH COUNTY PROPERTY APPRAISER) DATE: OCTOBER 13, 1999 On three previous occasions, the City Commission has approved agreements with ADR, Inc. for digital base mapping services in conjunction with the Palm Beach County Property Appraiser. The imfial contract was approved in June, 1998, for maps of the barrier island coastal area. This was followed in November, 1998, by a contract for digital mapping of the area lying west of the Intracoastal Waterway and east of 1-95 between Lake Ida Road on the north and S.W. l0th Street on the south. The third contract was approved by the Commission in May, 1999, for the area bounded on the south by Lake Ida Road, on the west by 1-95, on the north by the City limits, and on the east by the Intracoastal Waterway. Staff now wants to proceed with a new phase to include the City's entire service area west of 1-95 between the north and south City limits, again in conjunction with the Palm Beach County Property Appraiser. This area contains approximately 6,899 acres. Fourteen (14) geographic features will be captured digitally. Ten of the fourteen features are requested by and cost shared with the Palm Beach County Property Appraiser. The total cost of this project is $349,115.00, of which the Property Appraiser will contribute $139,412.00 and the City will contribute $209,703.00. Funding for the City's share will be as follows: $ 59,703 from 448-5461-538-65.11 (Stormwater Utility - GIS Mapping) 150,000 from 441-5161-536-65.11 (Water & Sewer Capital Outlay - GIS Mapping) $209,703 TOTAL Recommend approval of the joint venture with the Palm Beach County Property Appraiser and authorize the Mayor to execute an agreement with ADR, Inc. for digital base maps of the City's entire service area west of 1-95. Ref:Agmemol 7.Digital Base Maps.West of 1-95 Agenda Item No. ~,~'. AGENDA REQUEST Date: 11-0ct-99 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: 19-0ct-99 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute agreement with ADR, Inc. Agreement will provide the City with accurate digital data covering the City of Delray Beach entire service area west of 1-95. Fourteen geographic features will be captured digitally. The total cost of this project is $349,115.00, of which the City will contribute $209,703.00, and the County Property Appraiser will contribute $139,412.00. Palm Beach County will pay for the aerial photography required for this project. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff reco~ds a,p~oval.t _ Department head signature: . Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (re~.l~d on all items involving expenditure of funds): Funding available: (YESJ, NO Funding alternative~'" (if applicable) Account No. & Description $59,703, 448-541~1-538-65.11, Storm Water Utility-GIS Mapping $150, 000, 441-5161-536-65.11, Water/Sewer - G I S Mapping Account Balance 448-541/,~538-65.11, $ 65, 000 441-5161-536-65.11, $150,000 City Manager Review:,~.:~, Approved for agenda:/p'~-~NO Hold Until: ~ '~"vI, Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:i... VettersVlktgistagendaO3. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager ~~ FROM: Randal L. Krejcarek, P.E. City Engineer DATE: 12-Oct-99 SUBJECT: Digital Photogrammetric Base Maps, Project # 98-093 Joint Effort with Palm Beach Property Appraiser The attached agenda item is a request for commission approval/authorization for the Mayor to execute an agreement with ADR, Inc. The City will utilize an existing agreement between Palm Beach County Property Appraiser and ADR. This agreement will provide the City with accurate digital data at a fraction of the cost. The cost of this work is substantially reduced because the Property Appraiser will be paying one-half (1/2) of the cost to accurately capture ten (10) of the fourteen (14) features that the City is requesting. The area to be included in this agreement is bounded by 1-95 on the east, the City boundary on the north, the City service area boundary on the west, and the City boundary on the south. Fourteen geographic features will be captured digitally. Palm Beach County will pay for the aerial photography required for this project (approximately 6,899 acres). This area will have 14 features accurately captured. Ten of the fourteen features, are being requested by, and cost shared with, the Property Appraiser. The ten basic features include: hydrologic features (lakes, rivers, canals, etc.), sea walls, edge of pavements, railroad tracks, buildings, back edge of sidewalks, fences and walls, radio and television towers, surface details at major intersections and State Plane Coordinates of section and quarter section corners. This project will be completed by the end of September 2000. The four additional features will be swimming pools, front edge of sidewalks, driveways, patios and other impervious areas. The cost is as follows: $ 278,824 Cost to obtain ten basic features requested by Property Appraiser -139,412 Property Appraisers share of cost (50% of ten basic feature cost) 139,412 City of Delray's cost to obtain ten basic features 70,291 Cost to City to obtain four additional features $ 209,703 Total cost to the City Funding will be provided from the following sources: $ 59,703 448-541~1-538-65.11 Storm Water Utility - GIS Mapping 150,000 441-5161-536-65.11 Water/Sewer - GIS Mapping $ 209,703 Total Thank you. enc. cc Richard Hasko, P.E., Director of Environmental Services file 98-093 S:~E. ngAdmin~Projects\1998~98-O93~CONTRACTtagendaO4mem.doc ! ..... -:; Z ,' '~'~ ' Ib-~---"~.-- ~ ,': i '~' ': ':', I~::'~.~ ~ ,'" = ~' ¢ ~ ,. X 'q~~~r~ ~ r'/ ~fi ~'~ :////~---------- ~ ,,~ ~1~ ~ .~ ~ ~ ~':~v~u~ ~ .. . ~...,~,.., ~ )~,~ .,,,~ ~ ., ~ AREA TO BE MAPPED ~ ~ Cl~ of DEL~Y BEACH o.l.s. MAPPING PHASE IV ~M~ ~8 ~P~~ ~~A~~Y~~A~ 98-093 1 of 1 ADR Inc. ~ 9285 Commerce Highway, Pennsauken, NJ 08110 Phone: 800/257-7960 Fax: 609/486-7778 October 7, 1999 Mr. Randal L. Krejcarek, P.E. City Engineer Environmental Services Department City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 35444 RE: Digital Photogrammetric Land Base Joint Project with the Palm Beach County Property Appraisers ADR File: E - 22374 A and B, Phase II-IV - The Area West 0fl-95 Dear Mr. Krejcarek: Responding to the meetings with you and Mr. H. R. Harris, Director of Geoprocessing of the Palm Beach County Property Appraisers Office, we are pleased to submit this proposal and Schedule of Fees for the Photogrammetric Engineering Services to cover the specified project area totaling 6,899 acres as a cost- sharing consideration with the Palm Beach County Property Appraiser. All the work will be done in accordance with the procedures and accuracies detailed in our original technical proposal of May 1996 submitted to the Director of Public Utilities assuring 6" (six inch) horizontal accuracy and optional future 1' (one foot) contour accuracy. Project Location and Description of the Production Procedure ~ A. Phase IV includes the balance of the City and Service Area combined west of 1-95 totaling 6,899 (six thousand eight hundred ninety-nine) acres. B. The following is a brief description of the initial operations and the subsequent digital capture of the "Basic Ten" geographic land features of the mutually needed digital lanei base for the above described project area as delineated on the attached Project Area Map. 1. Initial Operations · Project planning · Low altitude precision aerial photography to support 6" horizontal accuracy · Horizontal geodetic ground control by Global Positioning System and partially by standard procedttres · Preparation of the stereo model diapositives · Analytical Aerotriangulation Services · Model setups and stereo digitizing of the below listed features 2. List of the "Basic Ten" Geographic Features (Vectors) · All drainage features: coast (shore)-lines, lakes, rivers, canals, etc. · Sea Walls · Roads as indicated by edge of curb or edge of traveled surface where no curbs exist, gutters Pennsauken, NJ ' Pittsburgh, PA ' Colorado Springs, CO · Austin, TX · West Palm Beach and St, Petersburg, FL · San Oiego, CA Mr. Randal L. Krejcarek, P.E. October 7, 1999 Page 2 · Railroad tracks · Buildings · Fences, walls and other features, which appear to be property lines · Back edges of side walks (property side) · Radio and television towers · Major intersections (traffic islands, painted symbols) · State Plane Coordinate of Section and Quarter Section Comers from County sources 3. List of Additional Feat~tres for the City of Delray Beach (Vectors): In the following we describe the additional work specified by the City of Delray Beach for design and other automation purposes in the total project area of Phase IV the total of 6,899 acres. In a simultaneous operation with the work for the Property Appraiser's Office, along with the above listed "Basic Ten" geographic features, we will also stereo digitize the below listed four (4) additional features (vectors) as clearly visible and identifiable on the aerial photography. 1. Swimming Pools 3. Driveways 2. Sidewalks (Roadside) 4. Patios and Impervious Areas C. List of Delivery Items · One set of aerial indexes , · One set of 9" x 9" contact prints of the aerial photography on RC paper · Final translation of the geographic landbase either in AutoCAD (version 14) or DXF format at the City's choice. The files will be structured by sections. Ail work and services proposed herein will be completed by or under the direct supervision of certified photogrammetrists, licensed engineers and land surveyors. This proposal is subject to authorization to proceed by the City of Delray Beach and the Palm Beach County Appraiser's Office approximately at the same time and is firm for three months from this date, after which time it may be reviewed and revised. We propose to complete the project within six months from the date of authorization to proceed including the City's and the PBPA's share of the work. Mr. Randal L. Krejcarek, P.E. October 7, 1999 Page 3 We appreciate the City's and the PBPA's confidence in ADR Inc. and assure our full attention to complete the work in the highest quality and on time. Very truly yours, ADR Inc. ~iect Coordinator /db ACCEPTED BY: Mayor CITY OF DELRAY BEACH DATE: Attachment: Schedule of Fees :delray7. qte E22374 A, A-1 E22374 B-l, B-2 October 1999 SCHEDULE OF FEES FOR THE CITY OF DELRAY BEACH PH-IV FLORIDA AS COST SHARING PROJECT WITH THE PALM BEACH COUNTY APPRAISER'S OFFICE Scale of Photography: 1" = 300', 8 flight lines, 200 exposures, 168 plates, 167 stereomodels Total production fee of the photogrammetric "initial operations" and digital data capture of the "Basic Ten" geographic features covering the project area totaling 6,899 (six thousand eight hundred ninety-nine) acres as a cost saving project with the Palm Beach County Property Appraiser's Office: ........................................................................................................... $278,824.00 · The Property Appraiser's Share 50% $139,412.00 · The City of Delray Beach's Share 50% $139,412.00 · Additional fee for stereodigitizing the 4 (four) specified utility features for the City of Delray Beach as listed in A-3 of this proposal $70,291.00 TOTAL COMBINED FEE FOR THE CITY OF DELRAY BEACH $209,703.00 :tee6.doc 10/08/99 18:05 p.B.CO.PROPERTY APPRAISER ~ 561 243 7514 N0.~44 % TWENTY-NINTH ADDENDUM TO ~<~ CONTRACT ~ETWEEN THE PALM BEACH COUNTY PROPERTY APPRAISER AERIAL DATA REDUCTION ASSOCIATES, INC. CONTRACT NO.: GPS-1 ADDENDUM (29) This Addendum is attached To and made a part of the contract between the Palm Beach County Property Appraiser (herein "APPRAISER") and Aerial Data Reduction Associates, Inc. (herein "CONTRACTOR") dated July 9, 1991. WHEREAS, the APPRAISER and CONTRACTOR mutually agree to amend the Agreement; and WHEREAS, the Contract between the parties provides for this amendment; WHEREAS, the APPRAISER and CONTRACTOR amend the Contract for additional services in the below described area with the understanding that the legal Municipalities in the State of Florida, the City of Delray Beach (herein ~'CITY" ), and the APPRAISER, for the purpose of the most efficient use of their funds and for other good considerations will share the cost evenly (by 50%) for the basic 10 (ten) geographic features listed in the firs= paragraph of the Second AOd%ndum, item 1-e for the area described in subparagraphs l(a through e) of this Addendum and in accordance with a separate agreement between said Municipality and Contractor. NOW, THEREFORE, in consideration of the mutual covenants contained herein the APPRAISER and CONTRACTOR hereby amend said Contract as follows; Paragraph 2 o~ said Contract and Paragraph 1 of the First Addendum thereto dated August 31, 1991, and Paragraph,1 of Second Addendum, hereto dated December 4, 1991 are amended to add the following as an addition to the work to be performed pursuant to %he Contract, its First Addendum and its Second Addendum: 1. In addition to ~he work described in Paragraph 2 of the said Contract and Paragraph 1 of the First Addendum. and Paragraph l(e) of the Second Addendum, CONTBACTOR, being a full service organization, agrees to provide =he below listed additional work and services according to the general terms and conditions of said Contract, its First Addendum, Second Addendum, and through its Twenty-Eighth Addendum and according tO the specifications of said agreement as agreed upon in this Twenty-ninth Addendu/n: 2. THE PROJECT ARF~A, OF MUTUAL INTEREST, SCOPE OF WORK AND THE FINAL DELIVERY ITEMS: Project ~rea is defined for th~ CITY a5 Fhase IV 1 of 3 107087~9 ~8:0J P, B. CO. PROPERTY APPRAISER a 561 243 9314 N0.044 the Service area lying west of 1-95 the total of six thousand eight hundred and ninety-nine (6899) acres. This represents an area increase of vector data of approximately 6899 acres to the previous total of 659,360 acres to the total of 658,461 acres. The final delivery items shall be: a. Two (2) sets of photo indexes b. One (1) set of 9" by 9" contact positive prints of the aerial photography on resin coated (RC) paper c. Horizontal control reports d. Final translation of the collected digital data in Drawing Exchange Format (DXF) on MS- DOS floppy disks or CD ROM disk. 3. Extension/Termination Unless extended or terminated, the period of performance of this Twenty-ninth Addendum shall commence on the date of execution hereof and shall be completed no later than September 30, 1999. 4. Fees The above described additional Photo engineering Services will be performed for the area described above for the lump sum fee $139,412.00 (One hundred thirty-nine thousand four hundred twelve dollars). Thi~ represents 50% of the cost of the 10 basic features for Phase III, Delray Beach. This Addendum will not become effective until after the City of Delray Beach authorizes CONTRACTOR to proceed, furthermore, after fully executed copies of same are received by all parties hereto. Except as modified herein the terms and conditions of the said Contract and the First and Second Addenda thereto between the Palm Beach County Property Appraiser and Aerial Data Reduction Associates, Inc. shall remain in force. 2 of 3 18:03 P.B.CO.PROPERTY APPRAISER a 561 243 7314 N0.044 Q04 Agreed and Accepted: Agreed and Accepted: Aerial Data Reduction Pa~ Beach Associa~e~, Inc. Proper~ Appraiser By: By: Louis Komondi Gary R. Nikolits, CFA Dated: Dated: 3 of 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~'/-.. - REGULAR MEETING OF OCTOBER 19, 1999 RESOLUTION NO. 65-99 (FUNDING FOR REGIONAL PLANNING COUNCILS) DATE: OCTOBER 15, 1999 Governor Bush has included in his proposed budget a $2.7 million allocation in the Department of Community Affairs' budget for regional planning councils. Resolution No. 65-99 supports the allocation of permanent and consistent funding of regional planning councils. Regional planning councils are required to perform numerous growth management functions, including local technical assistance and interlocal dispute resolution. Having to compete for funding annually is not an efficient allocation of public resources. Staff time and energy are wasted pursuing funding when they could be devoted to support of local issues and concerns. The Treasure Coast Regional Planning Council has provided planning assistance to the City through participation in the planning charrette and preparation of the redevelopment plan for the North Federal Highway area. The Planning Department recognizes the valuable services provided by the regional planning councils and recommends support of the resolution. Recommend approval of Resolution No. 65-99 supporting permanent and consistent funding for regional planning councils. RefiAgmemol 4.Res.65-99.Funding for Regional Planning Councils RESOLUTION NO. 65-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING PERMANENT AND CONSISTENT FUNDING FOR REGIONAL PLANNING COUNCILS. WHEREAS, the City Commission of the City of Delray Beach, Florida, strongly supports continuation and full funding of the Regional Planning Councils in the State of Florida; and WHEREAS, the City Commission recognizes the value added to the quality of life of the residents of Delray Beach and Palm Beach County through the work of the Regional Planning Councils; and WHEREAS, the City Commission recognizes that the Regional Planning Councils are required to perform numerous growth management, local technical assistance and interlocal dispute resolution functions, as well as other important statutory duties in support of local initiatives; and WHEREAS, the City Commission recognizes that the Treasure Coast Regional Planning Council has provided valuable planning assistance to the City of Delray Beach; and WHEREAS, the City Commission believes that not fully and consistently funding the Regional Planning Councils will adversely impact the quality of future growth, development and interlocal relationships in South Florida as a whole; and WHEREAS, having to compete for funding annually out of dwindling revenue sources is not an efficient allocation of public resources and dedication of staff time and energy to support renewal of annual funding, and reduces the amount of time dedicated by Regional Planning Councils to support local initiatives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby deemed to be true and correct. Section 2. That the Delray Beach City Commission hereby requests that the Legislature support the Governor's budget recommendation for the appropriate dedicated funding on a recurring basis for the Regional Planning Councils in a total amount of $2.7 million as a line item in the Department of Community Affairs base budget. Section 3. That the City Clerk is directed to distribute copies of this Resolution to the Honorable Jeb Bush, the Martin, Palm Beach, St. Lucie and Indian River County Legislative Delegations, and the Treasure Coast Regional Planning Council. Section 4. That this Resolution shall take effect immediately upon adoption by the Delray Beach City Commission. PASSED AND ADOPTED in regular session on this the 19th day of October, 1999. ATTEST: ...... WCit~ C~eri' -- ! 2 Res. No. 65-99 I-IF T-F1F,-Lqqq 1~,: =, F'~ILH BEFCH COl_Il IT'/ = ° .:., 1 1 October 5, 1999 RECEIVED .: .. OCT 0 7 {999 TI-.e Honorable Bill Andrews CITY MANAGER Chairman, Palm Beach County Delegation ~o. ~o~, ~,~, 777 E. Atlantic Avenue, Ste 226 Palm Beach, FL 35402-1~B~ Delray Beach, FL 33445 ~,s61) 5ss-2oo~ F?.x. ,S6~ 5ss.3~.'~ Dear Representatii.'e A.ndrews: :~ w~¥.co.pMm-beach.fl us Here in Palm Beach County we have found the work of our local regional plarming council to be invaluable to our fast grow/.ng region. However, an m adequate and stable source of funding is necessary to ensure that councils across the state can continue to meet the needs of the communities they serx, e. We understand the Governor will be requesting $2.7 million in the ~a~ B¢~d~ ~.~. Department of Community, Affairs' budget for regional plarming councils. Board of County co~,i~,io~,~ Om- Board ~upports full funding of the Governor's request. Enclosed is a recently passed Resolution stating our support for this allocation. Maud¢ Ford Lee ~,, H ~,~ vj~_ c.~,~ So many of the issues we deal with as a County government are regional in ~r~,~ 'r..~,r~s nature and difficult to ~ddress without the forum provided by a regional planning council Planning cmmcils provide assistance for everyth, ing from Carol A. Roberts redevelopment to emergency preparedness, as well as resolving difficult :.~,-~y ~c~m. interlocal disputes. We appreciate your support for full funding of the ~r: ,,.a.-~,,~o~. regional planning councils. Tony Sincerely, Maude Ford Lee Count.,, tt,4rnini~rz-ator Chair, Board of County Commissioners ~ note41 cc; Members. Board of County Commissioners ·, Members. PBC Legislative Delegation Senator "Doc" Myers, Chairman, Martin County D*legation Representative Charli¢ Sembler III, Chairman, Indian River County Delegation Representative Ken ?ruit~, Chairman, St. Luci¢ County Delegation Bob Weisman, County Adm/ni~rator Dominic Sims. Plmning. Zoning & Buildi~tg Director Denise Cot~. Public Affairs Director Marcia Mowbmy. Im~rgovcmmental Relations Coordinator Todd Bonlarron, ?BC Legislative Delegation Executive Director _ _ . Michael Bushy, Treasure Coast Regional Planning Council Executive Director J~.mie Titcomb, PBC League of Cities E×e~utivc Director ?BC Municipalities -.4.,/r~.u~z c,v~,~u=~. Kathy Dale}', PBC Lobbyist 4ff~,"rr~ve .4cr~ n £m. ploy~ ' RESOLUTION NO. 99- 1788 A RESOLUTION OF THE BOARD OF COUNTY CO~I$SIONER$ OF PAL~ BEACH COUNTY, FLORIDA, SUPPORTI~;G PE~tVIA/qENT ~ND CONSISTENT FLrNDiNG FOR REGIONAL P~NING CO~CILS. ~EREAS, the Board of County Co~issioners of Palm Beach County, Florida, s~rongly ~upport$ continuation mhd full funding of the Regional Planning Council~ in the State of Florida; and ~ER~S, the Bomrd of Coum~y Commissioner~ of Palm Beach County, Florida, recognizes the value added to the quality of life of the residents of Palm Beach County through the work of Regional Planning Councils; and County, Florida, recognizes that ~he Regional Planning Councils technical ~ssistance, and interlocal dispute re~olution functions, as ~eli as other important statutory duties in support o~ local initiatives; and WHEREAS, the Bomrd of County commissioner~ of Palm Beach County, Florida, believes that not fully and c~nsi~tently funding the Regional Planning councils ~ill adversely impact the quality of future growth, development, and interlocal relationships in dwindling revenue sources i$ not an efficient allocation of public resources and dedication of ~taff time and energy to renege! of annual f~nding, and red,cas ~h~ amount of dedicated by regional planning councils to suppor~ local initiatives_ I;OW, THEREFORE, BE IT RESOLVED BY THE BODED OF COUNTY CC,~ISSIOI~E~S OF PA~ BEACH CO~-TY, FLORIDA, that: be true a~d correct. Beach County, Florida, hereby requests that the LegislaSure ~upport the Governor's budget reco~endation for the appropriate dedicated funding on a recurring basis for the Regional Planning councils in a to,al amount of $2.7 million as a line item in the Department of Co~uni%y Affuir~ bass b~dget_ Section 3- The Public Affairs Department is directed to distribute copies of this Resolution to the Honorable Jeb Bush; the Martin, Palm Beach, St. Lucie, and Indian River County Legislative Delegations; the Treasure Coast Regional Planning Council; and all Palm Beach County municipalities. Section 4. This Resolution shall take effect imediately upon adoption by the Board of County Comissioners of Palm Be~ch County, Florida_ The foregoing resolution ~as offered by Commissioner ~arcus uho moved its adoption. The motion was seconded by Commissioner ~iaa~p~nd upon being put to a -vote, the vote as follo~'s: ~UDE FORD LEE, Chair - Aye W.~EN H- NEWII.I., Vice C~airman - Aye ~REN T- . ~CUS _~. Aye .-_ -.-._ c~OL A- ROBERTS - Aye ~Y MCC~TY - B~T ~ONSON - ATe TONY ~SILOTTI -- Aye The Chair thereupon declared the resolution duly passed a~]d adopted this 25 day of Ssp~. 1999. APPROVED AS TO FO~d~ ~--~D PAL~ B~ACE CO~TY, FLORIDA, BY ITS Dorothy wilken Clerk ~'%~'~'K'"2'"',,---- ,,,, ~--.. _ x~'. ..... ~ ....... TCiT~L P. 0-; MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~]q// SUBJECT: AGENDA ITEM # ~/~- REGULAR MEETING OF OCTOBER 19, 1999 RESOLUTION NO. 55-99 DATE: OCTOBER 13, 1999 This is a resolution assessing costs for abatement action required to remove nuisances on seventeen (17) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach hens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 55-99. REF:Agmemol 5.Res.55-99 RESOLUTION NO. 55-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT~ SETTING OUT A~-~-uAL COSTS INtuitED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES~ PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS~ PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and, NHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would he levied as an assessment against said proparty~ and, NHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s)~ and, WHEREAS, the City of Delray Beach, through the City A~m~nistration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice~ and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Co---~ssion of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE'IT RESOLED BY THE CITY COMMISSION OF TH~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(e) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per axumum, plus reasonable attorney's fees and other costs of collecting said s,,ma. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution aha11 become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30} days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per m--um plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record · certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Rcs. No. 55-99 o£ the certified copy of this resolution a lien shall become ef£ective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular mession on this the , 1999. MAYOR ATTEST: City Clerk 3 Res. No. 55-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT ODMANNS SUB, LOT 29, BLOCK 1, PB 4, P 53, LLOYD HARLEY PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1360 NW 1ST STREET (1360 NW 1ST STREET) DELI{AY BEACH, FL 33444 $39.OO $ 70.00 !ADM. FEE LAKE IDA MANOR ADD 2, LOT 19, PB 25, P 61, ROBERT G. ROBINSON & PUBLIC RECORDS OF PALM BEACH COUNTY, FL STACEY E. ROBINSON 709 ENFIELD ROAD) 709 ENFIELD ROAD DELRAY BEACH, FL 33444 $55.OO $ 70.00 ADM.FEE MONROE SUB, LOT 23, BLOCK 12, PB 14, P 67, DOROTHY J. BUTLER & PUBLIC RECORDS OF PALM BEACH COUNTY, FL PAUL JONES, JR. 620 NW 1ST STREET VAC LOT) 11117 S.W. 8TH STREET DELRAY BEACH, FL 33444 i $ - SOUTHRIDGE, LOTS 17 TO 20 lNG., i~L6CK~,- .... MANLI~LMOREDA &-- ........................ PB 13, P 38, PUBLIC RECORDS OF PALM BEACH ESTERVINA MOREDA COUNTY, FL 3524 CHATELAINE BLVD. (VAC LOT ON REIGLE AVENUE) DELRAY BEACH, FL 33445 _ $ 161.00 $ 70.00 ADM.FEE TOURIST NOOK DELRAY, LOT 28, BLOCK A ALONZO L. BRINSON & PB 11, P 47, PUBLIC RECORDS OF PALM BEACH 178 ROYAL PINE CIRCLE COUNTY, FL SOUTH VAC LOT SOUTH OF 248 NW 9TH AVENUE) ROYAL PALM BEACH, FL 33411 $ - $ 70.00 ADM. FEE SOPHIA FREY ADD, LOT 14 LOT 15 (LESS N 1/2) JOHN D. GVVYNN BLOCK 2, PB 4, P 37, PUBLIC RECORDS OF 811 N.E. 8TH AVENUE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 890 & 892 NE 7TH AVENUE) $ 34.00 $ 70.00 ADM.FEE Res. No. 55-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TOWN OF DELRAY, S 58 FT OF LOT 6, BLOCK 78, =PUBLIC RECORDS OF PALM BEACH COUNTY, FL GARY & DORCAS LUCIEN (135 SE 'IST AVENUE) 135 SE 1ST AVENUE DELRAY BEACH, FL 33444 $ 148.00 $ 70.00 ADM. FEE TOWN OF DELRAY, LOT 3, BLOCK 47, PB 12, P 81, ROBERT G. & PATRICIA ALLEN i PUBLIC RECORDS OF PALM BEACH COUNTY, FL 206 SW 2ND AVENUE (206 SW 2ND AVENUE) DELRAY BEACH, FL 33444 $52.OO $ 70.00 ~ADM. FEE TOURIST NOOK DELRAY, LOT 6, BLOCK A, ESTATE OF ORA WALLACE PB 11, P 47, PUBLIC RECORDS OF PALM BEACH C/O ELOISE HUNTER COUNTY, FL 121 NW 11TH AVENUE (239 NW 10TH AVENUE) DELRAY BEACH, FL 33444 $ 88.00 $ 70.00 EE__E TROPIC ISLE 3RD SECTION, LOT 317, PB 25, P 37, ii JOHN FORTI PUBLIC RECORDS OF PALM BEACH COUNTY, FL 11447 BANKS ROAD VAC LOT WEST OF 924 GARDENIA DRIVE) MARGATE, FL 33063-3941 $77.00 ~$ 70.00 iADM. FEE TROPIC ISLE 3RD SECTION, LOT 313, PB 25, P 37, MARK W. BODE PUBLIC RECORDS OF PALM BEACH COUNTY, FL 920 EMERALD ROW 936 GARDENIA DRIVE) GULF STREAM, FL 33483-6108 $ 69.00 $ 69.00 ADM. FEE TROPIC ISLE, LOT 27, PB 24, P 35, PUBLIC MARK A. THOMAS RECORDS OF PALM BEACH COUNTY, FL 722 NO. LAKESIDE DRIVE 959 EVE STREET) VERNON HILLS, IL 60061 $ 45.00 , ~ $ 70.00 ~D~. FEE Res. No. 55-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE ODMANNS SUB, LOT 19, BLOCK 1, PB 4, P 3 PUBLIC RECORDS OF PALM BEACH COUNTY, FL i(VAC LOT NO. OF 44 NW 13TH AVENUE) O.W. & MILDRED BURROUGHS 243 BILBOA STREET ROYAL PALM BEACH, FL 33411 $101.00 $70.00 ADM. FEE ~OWN OF DELRAY, S 37.5 FT OF N 75 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2 RUBY L. HARRIS BLOCK 4, PB 1, P 3, PUBLIC RECORDS OF PALM C/O P.C. WELLS BEACH COUNTY, FL 7012 SUNNYSIDE LANE VAC LOT SO OF 24 NW 7TH AVENUE) FT. WASHINGTON, MD. 20744-4325 $7O.OO $70.00 IADM. FEE CHATELAINE NO. 1, LOT 1, BLOCK 5, PB 29, P 95 FREDERICK J. MUNDER, III PUBLIC RECORDS OF PALM BEACH COUNTY, FL 3625 MONTRESSOR AVENUE (3625 AVE MONTRESOR) DELRAY BEACH, FL 33444 $79.OO ~ $70.00 ADM. FEE TOW-N-o~-D~-L-~Y~ S 40 F~' 6~' N 2~-F~ O~ .......... b~=LORES RIGGGINS E 135 FT OF BLK 31, PB 1, P 3, PUBLIC RECORDS NK/A DELORES QUINCE OF PALM BEACH COUNTY, FL 6395 SEMINOLE CIRCLE '~_2~0 SW 4TH AVENUE) LANTANA, FL 33463-2295 $67.00 $70.00 ADM. FEE ~TOWN OF DELRAY, S 50 FT OF N 200 FT OF IW 120 FT OF BLOCK 25, PB 5, P 2, iPUBLIC RECORDS OF PALM BEACH COUNTY, FL EDWIN C. IVY i(VAC LOT SO OF 355 NW 5TH AVENUE) 519 SW 15TH TERRACE DELRAY BEACH, FL 33444 $52.00 $70.00 ADM. FEE VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. 6 Res. No. 55-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: t~i~CITY MANAGER SUBJECT: AGENDA ITEM #2~P/- REGULAR MEETING OF OCTOBER 19, 1999 REVIEW OF APPE^LABLE LAND DEVELOPMENT BOARD ACTIONS DATE: OCTOBER 14, 1999 Attached is the Report of Appealable Land Use Items for the period October 4e' through October 15, 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. RefiApagrnemo/Appealables/10.19.99 TO: DAVID T.. HARI~N, CITY MANAGER THRU: DIANE DOMINGUEZ, PLA!~NING~AND ZONING DIRECTOR FROM: /J~ASMIN ALLEN, PLANNER / SUBJECT:' MEETING OF OCTOBER 19, 1999 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 4, 1999 THRU OCTOBER 15, 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 October 4, 1999 through October 15, 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. A. Approved (6 to 0, McCarthy absent), the master development plan in conjunction with a water service agreement for Winterplace PUD, a proposed 151-unit zero lot line single family development within an unincorporated County parcel located at the southeast corner of Military Trail and the L-30 Canal. City Commission Documentation Appealable Items Meeting of October 19, 1999 Page 2 B. Determined on a 6 to 0 vote that day spas are similar to the conditional uses listed in the POD (Professional Office District) zone district. Concurrently, the Board determined that a similarity of use approach is not appropriate for the RO (Residential Office) district and that inclusion of such use should by through a formal text amendment. No other 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 (6 to 0), of a city initiated Future Land Use Map amendment (FLUM) from Redevelopment Area #3 to Medium Density Residential 5-12 dwelling units per acre for a portion of the Groves of Delra,~ development, located on the north side of Douglass Avenue, between SW 7''' and 8th Avenues. a Recommended approval (6 to 0), of a city initiated rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for a portion of the Security Self Storage facility, located at the northeast corner of Linton Boulevard and SW 4th Avenue. n Recommended approval (6 to 0), of a city initiated rezoning from R-l-AA (Single Family Residential) to R-1-A (Single Family Residential) for the Hegstrom Property, located on the north side of NE 22nd Street, east of Seacrest Boulevard. 1. Approved (4 to 0, Smith and DeCapito absent, Shutt arrived late), the architectural elevation plan associated with a second story addition for the Noyes Residence (northernmost unit within a 5-unit townhouse development), located on the east side of MacFarlane Drive, between Miramar Street and Ingraham Avenue (129 MacFarlane Drive). 2. Approved (5 to 0), a Class II site plan modification, landscape plan and architectural elevation plan associated with the addition of ATM/Kiosk drive- thru lane for Riverside National Bank, located at the southwest corner of West Atlantic Avenue and Military Trail. 3. Granted on a 5 to 0 vote an extension (18 months) of the site plan approval for Congress Commerce Center, located at the southeast corner of Congress Avenue and Lake Ida Road. City Commission Documentation Appealable Items Meeting of October 19, 1999 Page 3 4. Approved (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with a water service agreement for the Enclave Shoppes, a proposed 14,000 sq. ft. commercial building, located at the southwest corner of Markland Lane and West Atlantic Avenue. V. Approved (5 to 0, Keller absent, Griffin resigned), a Certificate of Appropriateness, associated with fa(;ade changes for the Sundy Inn Cottage, located at the southwest corner of Swinton Avenue and SW Ist Street. W. Continued on a 5 to 0 vote, a request for a Certificate of Appropriateness for a free standing monument sign for the Law Office located at 102 North Swinton Avenue. The Board continued the item to allow the sign to be redesigned as a traditional one or two pole sign. X. Continued (5 to 0), a request for a Certificate of Appropriateness associated with fa~:ade changes for a triplex located at 129 South Swinton Avenue. The Board requested that all of the design components which are to be changed be presented. Y. Accepted on a 5 to 0 vote, the designation report and established a public hearing date for the First Presbyterian Church Fellowship Hall, located on the west side of Bronson Avenue, south of Atlantic Avenue. Z. Approved (5 to 0), the relocation of the 1935 Williams House from the west side of NW 3rd Avenue, between Atlantic Avenue and NWIst Street to the Spady Museum Site at 170 NW 5th Avenue. No other appealable items were considered by the Board. However, the following non-appealable item was considered by the Board. [] The Board denied a request for a variance to allow to a gazebo to be constructed 2' from the front property line (Swinton Avenue) where 25' is required in conjunction with the proposed commercial development at 10 SE 1st Street. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- OCTOBER 19, 1999 L~O CANAL ~. ...... ~-' ...... N.H~ 2/'/0 ST. L /.~1-- ...................... .~ LO~ BOU~VARD I A, WINTERP~CE PUD ~ SUNDY INN CO'AGE ~ 102 N. S~NTON A~NUE X. 129 S. S~NTON A~NUE ......... c~uu~s ......... S,P.R.A.B.: Y. FIRST PRESB~ERIAN CHURCH ~. NOYES RESIDENCE ~ SPADY MUSEUM SITE ONE MILE 3. CONGRESS COMMERCE CENTER a~.tc S~L~ 4. THE ENC~ ~S SHOPPES c~ OF DEL~Y a~CH, FL ~NNING & ZONING DEPARTMENT 1~9 - - DIG~AL ~SE ~ S~M - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CI~ MANAGER SUBJECT: AGENDA ITEM # ~.t9 - REGULAR MEETING OF OCTOBER 19, 1999 AWARD OF BIDS AND CONTRACTS DATE: OCTOBER 14, 1999 This is before the City Commission to approve the award of the following bids and contracts: I. Contract renewal with Air Liquide America Corp. for the purchase of liquid carbon dioxidl.~, via City of West Palm Beach bid, for a one year period at an estimated annual cost Of $51,000.00, with funding from 441-5122-536-52.21 (Water Treatment & Storage Chemicals). 2. Bid award in the amount of $28,485.00 to Andrea Construction Co., Inc. for construction ~f an elevated walkway from the clarifier deck to the roof of the lime building at the Wate~ Treatment Plant, with funding from 441-5161-536-63.79 (Capital Outlay - WTP Lim~ Building Walkway). 3. Purchase award in the amount of $36,966.00 to Poligon Park Architecture, via Florid4 SNAPS (State Negotiated Agreement Price Schedule) contract, for the purchase of five pavilions to be installed at Orchard View Park, with funding from 117-4178-572-63.4~ (Recreation Impact Fees - Recreational Improvements). 4. Purchase award at an estimated annual cost of $31,865.00 to Vulcan Chemical Technologiesi Inc., sole source provider, for the purchase of hydrogen peroxide for odor and corros~or~ control at Lift Station #14, with funding from 441-5144-536-52.21 (W&S Lift Statior~ Maintenance - Chemicals). 5. Purchase award in the total amount of $38,960.00 to Kustom Signals, Inc., sole source provider, for the purchase of eight (8) in-car video systems for Police Department patrol cars, with funding from 112-2172-521-64.90 (Law Enforcement Trust Fund - Other Machinery & Equipment). 6. Contract renewal with Focus Camera for the purchase of various film and photographic supplies, via City of Boca Raton bid, for a one year period at an estimated annual cost of $17,216.59, with funding from various departmental FY 2000 operating accounts 52.20. Recommend approval of the bid and purchase awards listed above. Ref:Bid.Agmemo. 10.19.99 AGENDA ITEM NUMBER: g'. O. /. AGENDA REQUEST Request to be placed on: Date: October 12, '1999 XX Consent Agenda __ Special Agenda __ Workshop Agenda When: October 19, 1999 Description of agenda item: Contract renewal for the purchase of liquid carbon dioxide (Co2) from Air Liquide America Corp. for an estimated annual cost of $51,000 via the City of West Palm Beach Bid #97/98-58. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Air Liquide America Corp. for the purchase of liquid carbon dioxide (Co2) via the City of West Palm Beach Bid #98/97-58 at an estimated annual cost of $51,000. Funding from account code 441-5122-536-52.21. Department .... Head SignatU~ns~~. ,---~: Determ,nat,on of Consistency City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes 1,," ~:~ No Funding alternatives: (if applicable) Account Number: ¢-1L4 / --~-- 1'2-"2.._--5~ ~.o-~';~ ~--,'2_ ) Account Description: ~\ ~¢-~.~ Account Balance: ~ ..~ I ~--.-. ~--~'~ . c~ L/( (~L ~,. _ ~, ~ ~ ~ ,. Ito- City Manager Review: Approved for agenda:{,~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~ THROUGH: Joseph Saffor~t~ce Director DATE: October 12, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 19, 1999 - CONTRACT RENEWAL FURNISH AND DELIVERY OF LIQUID CARBON DIOXIDE (Co2) VIA CITY OF WEST PALM BEACH BID #97/98-58 Item Before Commission: The City Commission is requested to approve the contract renewal with Air Liquide America Corp., at an estimated annual cost of $51,000 via the City of West Palm Beach Bid #97/98-58. Background: The City of West Palm Beach is the lead agency for this joint bid with the City of Delray Beach which was awarded in 1998, by the City of Delray Beach Commission, at an estimated annual cost of $51,000. The City of West Palm Beach has extended this contract for another year. See attached Contract Renewal signed by Air Liquide America Corp. dated August 20, 1999. The vendor has agreed to extend to the City of Delray Beach the one (1) year renewal per attached letter dated October 06. 1999. The Manager of the Water Treatment Plant recommends the one year renewal with Air Liquide America Corp. per attached memo dated October 07, 1999. Recommendation: Staff recommends the one (1) year renewal with Air Liquide America Corp. for an estimated annual cost of $51,000. Funding from account code 441-5122-536-52.21. Attachments: Memo From Manager Water Treatment Plant Letter From Air Liquide Corp. Contract Agreement Renewal From City of West Palm Beach 1998 Commission Agenda & Tab Sheet CITY OF I]EL"I:I¥ PURCHASING DIVISION TO: Don Haley, Manager Water Treatment Plant FROM: Jackie Rooney, Purchasing Supervisor . THROUGH: Joseph Sa~nance Director SUBJECT: Bid #97/98-58, Carbon Dioxide DATE: October 07, 1999 The City of West Palm Beach is the lead entity of this joint bid with the City of Delray Beach for the purchase of Carbon Dioxide (Co2). This bid was awarded to Air Liquide in 1998 (Commission Agenda attached). The City of West Palm Beach has renewed this bid for another year with the expiration date of September 30, 2000, per attached contract renewal letter from the City of West Palm Beach and letter from Air Liquide dated August 20, 1999. The vendor has agreed to extend this contract to the City of Delray Beach for another year. See attached letter dated October 06, 1999. Do you wish to renew for another year with Air Liquide. If so, please sign below and return to Purchasing and I will proceed with the Commission Agenda package. Con!~act Rene~aJApproval: Plant Date OCT. 6.1999 12:B1PM AIR LIQUIDE AMERICA CORPORATION M0.981 P.2 AIR LIQUIDE October 6, 1999 Ms. Jacldyn Rooney Purchasing Supervisor CITY OF DELRAY BEACH Purchasing Division 100 N.W. 1~t Avenue Delray Beach, FL 33444 Re: Purchase Order No_ 571328 Dear Ms. Rooney: Please use tiffs letter as confirmation that Air Liquide America Corporation accepts and agrees to an additional one (1) year extension, at the same terms and conditions, for the above referenced Purchase Order number. The Certificate of Insurance, naming the City of Delray Beach as additional insured, should have akeady been forwarded to appropriate personnel. This is done automatically by our insurance carrier. Please let me know if that has not happened. Air Liquidc America would like to tl~ank you and the staffat your Water Treatment Facility for your continued confidence in our products and services and we look forward to serving your COx requirements from October 1, 1999 to September 30, 2000. Please feel free to contact mc at 561.842.2288 should you have any questions. Sincerely, AIR._I,~QUIDE AMERICA CORPORATION AIR LIOUIOE AMERICA CORPORATION 3900-A Consumer Street, Riviera Beach, FL 33404 Phone: (661) 942-2:~88 · Fax: (561) 844-0036 0CT-05-1999 11:40 PURCHASING 561 8~5 0028 P.02703 ~ O PURCHASINGDMSION 1 ~5 Ch~lo~e Av~ue e We~ Palm Beach, FL 33401 F~: 561 / 835-0028 NAME OF BID: CARBON D/OXIDE BI]D0:97/98-58 Agreement between the City of West Palm Beach, Owner; and AIR LIQUIDE AMERICA CORP, (Company's Name) Contract Renewal Period~ October 1, 19.9_9 To Scptcm__bcr 30, 2000 XX Yes, I agree to renew the existing contract under the same Terms and Conditions, and agree to subm/t a Certificate of Insurance along with this agreement and will name the City of West Palm Beach the additional insured. No, I do not wish to renew the contract a-this time. A±r L£quide America Corp. NAME OF COMPANY Robert J. Jenning-~ Senior nccount Ma. naa. er NAME OF KEPRESENTA i'D. VE t'ITLE (please prinO S61 -842-22BB 'August 20, 1999 DATE (A1LEA CODE) TELEPHONE NUMBER Agenda Item No. ~.O.~. AGENDA REQUEST Date: October 12, 1999 Request to be placed on: X Reqular Agenda Special Agenda Workshop Agenda When: October 19, 1999 Description of item (who, what, where, how much): Staff requests Commission Approval of a Bid award to Andrea Construction Co., Inc. for Construction of an elevated walkway from the Clarifier deck to the roof of the lime buildinq at the Water Treatment Plant. The total amount is $28,485.00, funding from New Capital Account 9441-5161-536-63.79, WTP Lime Building Walkway. ORDINANCE/RESOLUTION REQUIRED: NO DRAFT ATTACHED NO Recommendation: Staff recommends approval of Bid award to Andrea Construction Co., Inc..[ /~ '.(~Jz/~ 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 ~// Account Balance ~ ~Z ~ City Manager Review: ~ Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file:S:\EngAdmin\Projects\99\99-036\OFFICIAL\logan.ag.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager FROM: C. Danvers Beatty, P.E~ ,)'-'~/~ Deputy Director of Utilij~¢~-~- DATE: October 12, 1999 SUBJECT: Water Treatment Plant Elevated Walkway Modifications PROJECT NUMBER 99-065 Attached is an agenda request and bid tabulation for the Water Treatment Plant Elevated Walkway Modifications project that bid September 21, 1999. The proposed catwalk will provide direct access from the Clarifier deck to the roof of the lime building. Andrea Construction Co., Inc. was the lowest responsive bidder for this project. Several references have been called to verify the company's work history and performance, each giving Andrea Construction Co., Inc. a good reference. Based on their proposal and satisfactory references, we are recommending award of the project to Andrea Construction Co., Inc. in the total amount of $28,485.00. Funding will be from 441- 5161-536-63.79, WTP Lime Building Walkway. Please place the item on the October 19, 1999 Agenda for consideration by City Commission. CDB/cdb Att: cc: Richard C. Hasko, Director of Environmental Services City Clerk Agenda File S:\EngAdmin\Projects\1999\99-065\OFFIClALV~genda. mem. doc S.'lEngAdmin}Projectst1999199-O6510FFICIAL ~lgenda. mem. doc ~.o.~. Agenda Item No. 3'. o. ,.~. AGENDA REQUEST Date: October 13, 1999 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: October 19, 1999 Description of item (who, what, where, how much):Attached is an Agenda Request for City Commission approval of Purchase Order award to Poligon Park Architecture, in the amount of $36,966.00. The Purchase Order will include three (3) 16' dia. hexagon pavilions, one (1) 20' dia hexagon pavilion and one (1) 28' dia hexagon pavilion. Each structure will be metal framed with metal multi-rib roof. They are identical to the Poligon pavilion installed at Leon Weekes Park earlier this year. Poligon will furnish the structures unassembled to the Orchard View Park site at Linton and Old Germantown. Assembly is included in the park construction documents (bids 10/21/99). The award is made via Florida SNAPS (State negotiated Agreement Price Schedule) contract #155639. Funding for this work will come from the Recreation Impact Fee Fund, Account Number 117-41~g-572-63.40. ORDINANCE/RESOLUTION REQUIRED~ Recommendation: Staff recommends City Commission approve Purchase Award to Poligon Park Architecture. ~~ Department head signature: . Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re~d on all items involving expenditure of funds): Funding available: ~O Funding alternatives (if applicable): Account No. & Description //"/- ,VI?~- Account Balance Ye' ~-0/ City Manager Review: (~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9719\agreq1019 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Howard Wight Dep Dir Construc~n ~_/ Date: October 13, 1999 Subject: AGENDA REQUEST 10/19/99 Orchard View Park Project No. 97-019 Attached is an Agenda Request for City Commission approval of Purchase Order award to Poligon Park Architecture, in the amount of $36,966.00. The Purchase Order will include three (3) 16' dia. hexagon pavilions, one (1) 20' dia hexagon pavilion and one (1) 28' dia hexagon pavilion. Each structure will be metal framed with metal multi-rib roof. They are identical to the Poligon pavilion recently installed at Leon Weekes Park earlier this year. Poligon will furnish the structures unassembled to the Orchard View Park site at Linton and Old Germantown. Assembly is included in the park construction documents (bids 10/21/99). The award is made via Florida SNAPS (State negotiated Agreement Price Schedule) contract #155639. Funding for this work will come from the Recreation Impact Fee Fund, Account Number 117-41'/~-572-63.40. cc: Joe Weldon Agenda File 10/21/99 File 97-019 (A) s\...\9719~agmem1019 10/1~/99 12:02 FAX i 616 ~99 912~ W, H, PORTER ~]001 Wednesday, October 13, 1999 Howard Wight shelters City of Delray Beach gazebos. 434 South Swinton Ave pavilions. Delray Beach, FL 33444 I~i; fax: 561-243-7314 W.H. Porter~ Inc. ~: 4240 136t~ Avenue Holland I am happy to provide pricing for the following items: Michigan 4.9424 .: (3) HEX 16 MR (~ $4,538 each $13,614 816/399-1963" -with prime painted frame and multi-rib metal panel roofing 616/399-9123 (FAX) Add to powder coat frames @ $1,264 each $ 3,792 (1) HEX 20 MR $ 5,337 URL -with prime painted frame and multi-rib metal panel roofing www.po~igon.com. Add to powder coat frame $ 1,527 e-mN[: webm~st~fC~o~igo..~o.~ (1) HEX 28 MR $ 8,130 ' -with prime painted frame and multi-rib metal panel roofing i: Add to powder coat frame $ 2,316 - !! Prices are from SNAPS contract # 155639. Prices include freight to destination. If sealed engineering data is required, please add $750 per building type (or $2,25.0 total ;~ Please feel free to contact me if I can be of further assistance. Sincerely, - POLIGON Sales Team ~/// -~ ~ SNAPS State Negotiated Agreement'price Schedule Division of Purchasing · 4050 Esplanade Way · Tallahassme, Flodda 82399-0950 · TO be completed by the Division of Purchasing · SNAPSTitla: .~--~-/~:'z.~'~.~'~ ,~/I/~ 0,-.~E~D.~ *SNAPSNo. , Effective:t~')C~..~ ,~,.~1~, LC[~l~ . *Through: Federal Employer Identification Number ~'3'~-- ~.~'r~:;~l. b, ,7_.o[ ' SPURS. orS.S. Number Vendor Name ~t,J. J"J,P~ILvT'~'/Z-../~;;~/.~/'~m,~J ' -" lntemet Address Vendor Mailing Address . /7/~t~) J~. /,~-/lt ~ V' City. State ~./ Z~, .5'~'~Y Telephone Number ~0- ,.~,~?"~;~! . Toll-Free Number Area to be Se,~d .5/'.,0t'_,~ ~F 9elive~ will be ~' ~ days'a~er receiving o~er, Warran~ . / Check box(es) which apply. If yes, describe In space provided. No Yes Prod~lconta,nsrecycledconten, ~ ~ ~ Product provides energy conse~at[on factors ~ ~ ~'~ o~ /~// ~o ~/ Product has environmentally desirable characieristics ~ ~ U~;~ ~A~/ ~~ Productconsewes resources ~ ~ ~u~5 ~,~ Encouragesanemerglnglechnolo~ ~ ~ C~/~ ~ ~ PestJng o~ SNAPS Agreement Pro~,a[s w{~ recommended awards ~11 ~ ~1~ fu m~ by ~teresl~ ~ al ~e ~t~ ~ete pr~ls ere ;~ Io ~e Slate's t~s a~ ~da~ a~ any a~ al a~it~al te~s ~d ~fl~s su~ ~ ~ pm~s and be~e aff~ at ~ l~e ~e pu~a~ ag~w t~gr5 r~l pa~ent lo ~e p~r. Authodzed Proposeds Signalure Proposers Name ~tease Print) Authorized Signature SERVICES · Title Date 600~ ~&~Od 'H '~ ggI6 66g 919 I X¥fl 6~:~I 66/II/0I AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Date: October 13, 1999 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: October 19, 1999 Description of agenda item: Purchase award for the purchase of hydrogen peroxide for odor and corrosion control for the City's wastewater system from Vulcan Chemical Technologies, Inc. at an estimated annual cost of $31,865. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Vulcan Chemical Technologies, Inc. for the purchase of hydrogen peroxide at an estimated annual cost of $31,865. Funding from account code 44~-5144-536-52.21. Department Head Signatu~~~-.~~ Determination of Consistency ~mprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: ~,~ ~,?~'~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor <~ THROUGH: Josep~nance Director DATE: October 13, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 19, 1999 - PURCHASE AWARD FURNISH AND DELIVERY OF HYDROGEN PEROXIDE SOLE SOURCE PURCHASE Item Before Commission: The City Commission is requested to approve the purchase of hydrogen peroxide for odor and corrosion control for the City's wastewater system from Vulcan Chemical Technologies, Inc. at an estimated annual cost of $31,865. Background: Vulcan Chemical Technologies, Inc. is our current vendor who supplies hydrogen peroxide to the City of Delray Beach per previous bidding procedures. The Deputy Director of Public Utilities has made several attempts to obtain pricing from other vendors but was unsuccessful as they could only supply an alternate product. Vulcan Chemical Technologies, Inc. has agreed to extend this service to the City of Delray Beach at a unit cost of $.405 per pound and to provide the service of pumping out remaining chemicals from the tanks at Liftstation's 50, 80, and 34. See attached memo's dated October 4, and October 6, 1999. The Deputy Director of Public Utilities recommends award to Vulcan Chemical Technologies, Inc. for the furnishing and delivery of hydrogen peroxide for Liftstation #14 at an estimated annual cost of $31,865. See attached memo dated October 12, 1999. Recommendation: Staff recommends the purchase of hydrogen peroxide from Vulcan Chemical Technologies, Inc. at an estimated annual cost of $31,865. Funding from account code 441-5144-536-52.21. Attachments: Memo From Director of Public Utilities Letters From Vulcan Technologies, Inc. City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: Jackie Rooney, Senior Buyer FROM: Dan Beatty, P.E., Deputy Director of Public Utilitie~~ DATE: October 12, 1999 SUBJECT: Purchase of Hydrogen Peroxide Attached are two letters from Vulcan Chemical Technologies, Inc. for the purchase of hydrogen peroxide bulk product, maintenance of injection equipment at Lift Station 14 and transfer of existing product from Lift stations 50, 80 and 34 to Lift Station 14. Vulcan Chemicals is our current supplier of hydrogen peroxide. Several unsuccessful attempts were made to obtain prices from other suppliers. This proposal is for a one-year period (October 1,1999 - September 30, 2000) at the adjusted rate of $150.00 per month for maintenance of the injection equipment and $0.405/pound of 50% hydrogen peroxide. We currently inject approximately 73,000 pounds of hydrogen peroxide per year at Lift Station 14. Based on past usage, the total contract amount is $31,865.00 and funding is from Account ~-441-5144-536-52.21, Lift Station Chemicals. cc: Bob Bullard, Manager of Maintenance Division I\ESSR I/O02~BE~t TTY~My Documents~peroxide.doc gulca n Chemical To'hnologies, Inc. October 4,1999 Mr. Bob Bullard Supervisor of Maintenan~ Environmental Services City of Delray Beach 434 S Swinton Avenue Delray Beach, Florida 33444 Dear Bob: Vulcan Chemical Technologies (VCT) provides this quote to pump out the remaining chemical from the tanks at LS #50, LS #80, and LS #34 as well as removing Our equipment from those sites. VCT will provide these services to the City of Delray Beach during the week ofOctober 11, 1999 tbr a fee of $500.00. There will not be a credit for this chemical but VCT will top offLS #14 with this chemical and dispose of what is left. VCT is prepared to replace the tank at LS #14 at the same time the other activities are taking place but would like written confirmation of the City's acoeptance of the renewal terms of the contract. The new tank at LS #I 4 will be a double wall tank. VCT requests a fax confirming authorization of the approval for this project as soon as possible so that wi: may allocate the scheduling of personnel and resources for completion of this task. Thanks for your cooperation in this matter. If you have any questions please call me at 800-?49-?3?6 or fax at 407-426-7178. Sincerely, Bill Stratton VCT Account Manager 4207 S.W. 34th Street. Orlando, FL 32811 · 1-800-749-7376 or 407-426-6977 / fax 407-426-7178 /', VULCAN CHF'MICAI_~ 10/06/g9 11:10 '~407 426 7178 Yulcan Ilulzan Chemicld Teclmologies~ Inc. October 6, 1999 Jacklyn Rooney Purchasing Supervisor City of Delra_¥ Beach 100 N. W. 1 Delray Beach, Florida 33444 Dear Ms. Rooney: Vulcan Chemical Technologies (VCT) received the letter of extension of the existing contract with the City of Delray Beach. Our understanding is that the City would like to renew the contract for chemical, equipment, and services for the dosing unit at LS #14 only for the next year. in 1998 VCT was the lowest responsive bidder and awarded the contract, In the meantime the City chose to demonstrate another product for odor control. VCT was told that this demo would be 30-60 days. The demo was then extended into the spnng and now into the summer. Although we are not included in the actual results VCT was asked to leave our equipment in place until such time that the City makes a decision. VCT on a number of occasions continued to service the City and was recently asked to reactivate LS # 14 and no other sites. We propose that the contract be extended another year for the system operating at LS #14 for the price of $0.405 per pound of 50% hydrogen peroxide delivered and an equipment rental fee of $150 per month. VCT will provide twice per month service to this site and will respond to emergency calls at no additional cost. If the City decides to reactivate the other sites then we would revert back to the original bid pdce as awarded in 1998. VCT hopes the City understands the intent is to be paid appropriately for the services VCT provides, In addition VCT would intend to remove the other dosing facilities within 60 days. After this time should the City request that VCT reinstall any equipment, VCT would bill the City a mobilization fee of $1,000.00 per site. VCT hopes the City understands our position on this matter and we look forward to continuing the relationship with you. I will be in South Florida this week and would be happy to meet with you if you desire to do so. Thanks for your understanding and interest in continuing our relationship. VCT Account Manager 4207 $,W. 34th Street, Orlando. FI 328! 1 o 1.800.749-7376 or 407.426-6977 / fax 407-426-7178 AVI. JLC:-X N CI I~NII¢:AI.'k ','X ~MT*r-\N'( AGENDA ITEM NUMBER: ~". O. ~. AGENDA REQUEST Request to be placed on: Date: October 14, 1999 XX Consent Agenda Special Agenda ~ Workshop Agenda When: October 19, 1999 Description of agenda item: Purchase of eight (8) in-car video systems for the Police Department patrol cars for monitoring passengers and which can be communicated to a control center for a total amount of $38,960 from Kustom Signals, Inc. as a sole source purchase. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award the purchase of eight (8) in-car video systems to Kustom Signals, Inc. for a total amount of $38,960. Funding from Law Enforcement Trust Fund account code 112-2172-521-64.90. 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: Yes 1,'"/"<=~._ No Funding alternatives: (if applicable) Account Number: J~'~ ~'7~/~'Z. -- ~'Z~ -- Io~', ~ o Account Description: ~'~['~-~.,~.. Y'~C~t .~, . a. ~"_r'3~.~',~ ~ Account Balance: '.~ ~.~,000 ~'~1~'"1 4- ~ ~.q"p~ I~j~ .'~'~t~' .---- City Manager Review: Approved for agenda: YesC'~t~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David T. Harden, City Manager L FROM: Jacklyn Rooney, Purchasing Superviso~ THROUGH: Joseph Safford, Finance Director DATE: October 14, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 19, 1999 - PURCHASE AWARD IN-CAR VIDEO SYSTEM SOLE SOURCE PURCHASE Item Before Commission: The City Commission is requested to approve the purchase of eight (8) in-car video systems for the Police Department patrol cars from Kustom Signals, Inc. for a total amount of $38,960. Background: The Police Department is requesting the purchase of an in-car surveillance video system to monitor the passengers in the patrol cars and which can be communicated to the control center for record keeping. These in-car video systems are available from Kustom Signals, Inc. as a sole source purchase. See attached memo from Kustom Signals, Inc. dated October 14, 1999 stating they hold the patent for this in-car video system and attached quotation #3741999343954. The Delray Beach Police Department Administrative Director recommends the purchase of these systems per attached memo dated October 13, 1999. Recommendation: Staff recommends the purchase of eight (8) in-car video systems from Kustom Signals, Inc. for a total amount of $38,960. Funding from Law Enforcement Trust Fund account code 112-2172- 521-64.90. Attachments: Memo from Police Department Admin. Director Letter from Kustom Signals, Inc. DELRAY BEACH Delray Beach Police Department AlI-Amer~caCJty (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: Jackie Rooney, Purchasing Supervisor FROM: David Junghans, Administrative Services Director DATE: October 13, 1999 SUBJECT: IN,CAR VIDEO SYST~ The in-car video system that the Department has chosen is the one that best meets the Department's requirements. The Department has chosen the equipment manufactured by Kustom Signals, Inc., located in Lenexsa, Kansas. Kustom Signals is the sole source manufacturer of this system, and they hold all of the assemble patents for the system. Assembly of the system is done at their facility in Kansas. The systems are being purchased with Trust Fund money; the funds from the City's general budget will not be used. Should there be any questions or if additional information is required, please call me at extension 7852. DJ/ppt ~,ku~msi~l~.~ SINCE 1965 SIGNALS, INC. A 8UBSIDIA~Y 0F PUBLIO SAFE~ EQUIPMENT, lNg. October ! 4, 1999 DELRAY BF~AUH POLICE DEPT 300 W ATLANTIC AVE DELRAY BCH FL 33444-3666 Dear Ms. 3'ackie Rooney: 'I]aank you for your interest in onr Eyewitness In-Car Video System. For your records, we would like to provide the following statement: Kustom Signals, by signature below, certifies that it is the "sole source" manufacturer and snpplier of the Eyewitness® In-Car Video System~ which Kustom mannfactnres and markets under license from PATCO, the holder of patents covering trnnk- mounted in-car video systems. Fox' your information, I've listed a f~w features and capabilities that make Eyewitness unique: It's the only system to use the Panasonic AG-720 industrial-grade recorder, complete with dual audio tracks (tbr both the in-car and thc officer's mic) arid a communications loop with the control center (to verify that a command is being ];~'['orril~). Thc I-{:~oI'dL~I' is designed to operate when mounted horizontally and vertically inside your patrol vehicle' s trunk. It's the only system to have an "environment-proof" recorder vault (tot unmatched security and durability) complete with a self-contained, thermostatically-controlled heat pump. · Thc eomponentry fits out of thc way yet is within arm's reach, and everything is extremely user-friendly. The quality is uasurpassed fbr trouble-fr~c performance. · Eyewitness was txuly the first in-ear v~deo system developed specifically for law enforcement in 1987. Our commitment, responsiveness and support to our customers is known throughout the industry_ I hope this information has been helpful. If you need anything further, or if you would like to speak with any of our customers before you buy, please do not hesitate to give me a call at 1-800/4KUSTOM (458- 7866). You can reach me from 7am to 4pm, Central Time. Sincerely, Brian Hill Inside Sales Representative [O'd gOLI ~6~ gI6 'ON X~ S~NOIS ~02Sfi~ ~ [~:LO flH£ 66-~-Z00 k((((((( Quotation KUSTOM SIGNALS, INC A SUBSIDIARY OF PUBLIC SAFETY EQUIPMENT, INC 9325 Pflumm, Lenexa KS rd1216-3347 913.492-1480 Fax ~13~L92-1703 sales~kust~msignals.com www,kustomsignals.com Date 10105/t999 To... DAVlE] JUNGHANS Quote # 3741999343g~4 DI;LRAY BEACH POLICE DEPT Terms Not 30 300 W ATLANTIC AVE This Quote expires on 01/03/2000 OELRAY BCH FL 33~.x.~_-3668 Phone 561-243-7800 Ext Fax 561-243-7816 -E~"Qt~ OescriptTdn unit Prici~ Total I 8 EYEWITNESS INDUSTRIAL GRADE PATROL CAR SURVEILLANCE SYSTEM, HEATED VAULT$4,495.O0 $35,960.0(] TYPE LOCKER, VHS RECORDER, CONTROL CENTER, COLOR CAMERA W/MOTORIZED t2:t ZOOM, COLOR MONITOR 2 8 OVERHEAD CONSOLE $65.00 S520.00 3 8 VARY F2 $'~5.0D S200.00 c 4 8 EXTRA TRAN..~MIT'TERS, LEATHER POUCH, AND VAR]ED F2 $130.00 $'!,040.00 S 8 SHIPPING AND HANDLING S35.00 $280.00 ~ 6 8 IN CAR MIC KIT $85.00 $680.00 7 0 "~OPTIONS NOT INCLUDED IN TOTAL PRICE: 8 0 GPS INTERFACE $750.00 $0,00 9 0 T-120 VHS STARTER KIT (INCLUDES 200 6HR VIDEO TAPES, DEGAUSSSER TAPE $1,265.00 $0.00 ERASER) 10 0 T-160 VHS STARTER KIT (SAME AS ABOVE BUT 8 HR VIDEO TAPES) $1,435.00 $0.00 11 0 2ND AND 3RD YEAR EXTENDED WARRANTY (INCLUDES IACP 50% DISCOUNT) $472.50 $0.00 12 Total $38,680.00 Signature _~.~L~%~ ~ Title Inside Sales Representative Brian Hill 9325 Pflumm Lenexa, KS 66215-3347 Toll Free 800-4KUSTOM (800-458-7866) ~0 'd £OL[ 86~ 8[6 'ON XV~ S~NOIS ~OlSfl~ ~V [~:LO flHl 66-~[-£00 AGENDA ITEM NUMBER: <~. O. ~ AGENDA REQUEST Request to be placed on: Date: October 14, 1999 XX Consent Agenda Special Agenda ~ Workshop Agenda When: October 19, 1999 Description of agenda item: Contract renewal with Focus Camera for the purchase of various film and photographic supplies for an estimated annual usage of $17,216.59 via the City of Boca Raton bid #98-110. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award the purchase of various film and photographic supplies at an estimated annual cost of $17,216.59 via the City of Boca Raton bid #98-110. Funding from various departments 1999- 2000 operating budget. ::::::::::::::::::::::::::: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes / No Funding alternatives: (if applicable) Account Number: ~)P,.rL~o~ ~-~, '~ IS .~ .~ O Account Description: Account Balance: ~ Pr City Manager Review: Approved for agenda~) ~/~//~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor (~ THROUGH: Joseph Safford, Finance Director DATE: October 14, 1999 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING OCTOBER 19, 1999 - CONTRACT RENEWAL FURNISH AND DELIVERY OF PHOTOGRAPHIC SUPPLIES VIA CITY OF BOCA RATON BID #98-110 Item Before Commission: The City Commission is requested to approve the contract renewal with Focus Camera for the purchase of photographic supplies, at an estimated annual cost of $17,216.59 via the City of Boca Raton Bid #98-110. Background: The City of Boca Raton is the lead agency for this joint bid with the City of Delray Beach which was awarded in 1998, by the City of Delray Beach Commission, at an estimated annual cost of $17,216.59. These items are required from various departments on an "as needed basis" and the most commonly used items are stored in the Purchasing Warehouse. The City of Boca Raton has extended this contract for another year. See attached Contract Renewal signed by Focus Camera dated August 10, 1999, and Boca Raton Consent Agenda dated October 13, 1999. Recommendation: Purchasing staff recommends the one (1) year renewal with Focus Camera at an estimated annual cost of $17,216.59. Funding fi.om various department's 1999-2000 operating budget. Attachments: City of Boca Raton Consent Agenda Memo to Focus Camera dated August 10, 1999 Renewal Memo dated June 21, 1999 PURCHASING BOCA RRTC]N Fax:561-393-?983 Oct 14 '99 1I:I9 P. 02 CiTY HALL - 20'I WEST' pAL,~,,IE?I'T*O PARK ROAO - BOCA RATON, FLORIDA 33432-3796 - PHONE: (.'561) 39~-77oo (FOR HEARING IMPAIRED) TDD: (561) 367-7046 SL/NCOM; (561) 922,~7~00 August 10. 1999 Mark Siiber Focus Camera 905 McDonald Avenue Brooklyn, NY 11,7.18 SUBJECT: BID NO_ 98-110, Photographic Supplies Dear Mr. Silber: Our bid referenced above expires September 30, 1999. As specified in the bid, We have an option to renew the existing contract for another one year period if it mutually agreeable to all parties. Please advise by signature below, if a one year extension of our current contract at prices stated in your bid dated August 3, 1998 would be acceptable. Please compete and retunl, thfs form to the Purchasing Division by August 17, 1999. Your response may be faxed using the City Fax number 561-393-7983 with the original mailed to the above address. The City will also need new insurance certificates (Workers Compensation. General Liability and Auto Insurance) with the City named as additional insured for General Liability. If you have any questions, please call me at 561-393-7B73. Sincerely, Buyer c: bid file // I hereby agree to a one year extension of the subject bid. I~m pna~le to extend the contract prices for an additional one year period. Signature Date Name' (Print) / /Title £1TY OF BELAAY BEACH DELRAY BEACH J~-A~eI~I~C~[¥ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 - 561/243-7000 993 TO: David T. Harden City Manager FROM: ~}l~obert A. Barcinski Assistant City Manager DATE: October 14, 1999 SUBJECT: AGENDA CITY COMMISSION MEETING OCTOBER 19, 1999 APPROVAL PERFORMANCE MEASURES FY 99-00frENNIS CENTER Action City Commission is requested to approve performance measures for FY 99-00 for BJCE, Inc. for the Tennis Center. Background The proposed performance measures were reviewed by City Commission at the October 12, 1999 workshop. Per Commission direction an additional measure has been added. The approved performance measures will be the basis upon which a performance bonus is awarded to BJCE, Inc. for FY 99-00. Recommendation Staff recommends approval of the proposed performance measures for the Tennis Center for FY 99-00. RAB:tas File:u:sweeney/agenda Doc: approval performance measures tennis center THE EFFORT ALWAYS MATTERS TENNIS CENTER PERFORMANCE MEASURES FY 99-00 1. Break even in Tennis Center operating expenses. 2. Sell naming rights for stadium by September 2000. 3. Promote and conduct at least three (3) non-tennis related events in the stadium during the year. 4. Conduct at least three (3) junior camps. 5. Conduct the Citrix Tournament and the Chris Everett Charity Tournaments. 6. Conduct a minimum of five (5) USTA amateur tournaments within the fiscal year. 7. Increase memberships by 7%. 8. Develop and implement operating policy changes as approved by City Commission by January 1, 2000. 9. Conduct customer satisfaction survey by June 30, 2000. 10. Aggressively promote and encourage the use of the Tennis Center for entertainment events. Memo To: David Harden, City Manager From: Lula Butler, Director, Community Improvement ~i'[;[;;~-- Date: October 12, 1999 Re: Proposed Billboard Reduction Program -AKA Media/FL ITEM BEFORE THE COMMISSION: Consideration of a proposal from AKA Media/FL, a division of The Ackerley Group who specialize in outdoor media, broadcast and other entertainment activities. They are proposing to eliminate some of the existing billboard structures throughout the city in exchange for the opportunity to construct new monopole structures in what they have identified as "more appropriate commercial and industrial zones" along the 1-95 corridor. BACKGROUND: Per Section 4.6.7(C)(1) of the Land Development Regulations, off-premise signs are prohibited in the City of Delray. The prohibition includes building signs that advertise an establishment, merchandise, service, or entertainment which is sold, produced, manufactured, or furnished at a place other than the property on which the sign is located. Billboards fall within this category of prohibited signs. The City Commission has considered similar proposals in the past; the most recent was in 1993 from the Boys & Girls Club who were looking to use the revenues from the advertisements for the local club. In May 1998, the Jaycees proposed to install benches at various bus stops selling advertisement space on panels attached to the benches. The Commission rejected both proposals, acknowledging their desire to eliminate all billboards throughout the City and to keep the prohibition of off-premise advertisements. Section 4.6.7(H)(1) required the removal of all non-conforming signs (included off-premise signs) by 1986. Certain billboards, however, are protected under the US Code, Title 23, and Chapter 1-Federal Aid Highways (see attached memo from Assistant City Attorney, Jay Jambeck). AKA Media/FL -2- October 12, 1999 In a memorandum from the City Attorney's office dated Apdl 7, 1993, Federal Highway and Atlantic Avenue are federal aid pdmary highways. Then there is the State provision that require monetary compensation for the removal of any billboard located within the federal aid pdmary highways and the history on court decisions approving amortization pedods for billboards. AKA Media/FL has listed for your consideration five (5) existing billboards, (two sign faces on four and one with four sign faces) that would be removed in exchange for erecting four (4) new monopole billboards along the 1-95 corridor. For the record, the addition of the second tier on the Dixie Highway sign was not permitted through my department. Billboards are non-conforming and cannot be enlarged or replaced. RECOMMENDATION: The Commission has the option of directing staff to amend the sign code to provide for the installation of off-premise signs, which will include billboards or denying the request as submitted by AKA Media/FL. Staff is recommending denial of the proposed request and that the City Commission continue to support the existing code prohibiting off-premise signs throughout the City. AKAMedia.lb Date: October 13, 1999 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: __X Regular __ Special __ Workshop __ Consent When: October 19, 1999 Description of Agenda Item: Proposed Billboard Reduction Program from AKA Media/FL Ordinance/Resolution Required: Yes datio .~D Recommen enial j Department Head Signature: City Attomey Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: City Manager Review: Approved for agenda:(~/No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 [ITY OF DELAI:IY BEI:I[H CiTY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wri~r's Direct Line: (561) 243-70~ DELRAY BEACH ~ ~MO~D~ ~l.~caC~ 1,,,['''''-- DATE: September 16, 1999 TO: Lula Butler, Director of Co~u~ty ~provement ~993 FROM: Jay T. J~beck, Assistant City Attomey~ SUBJECT: Federal Billboard legislation. A~ched hereto is the Section of ~e U.S. Code that goverm Billboards. The jurisdiction of the Federal legislation extends to areas "adjacent" to ~e Interstate and federal pr~a~ systems. See 23 U.S.C,A. ~ 131(a) & (t). The te~ "adjacent" appears to mean "wi~in six hundred and sixty feet of ~e nearest edge of ~e right-of- way and visible from ~e main traveled way" of ~e Interstate or federal primary system in urban areas. See 23 U.S.C.A. ~ 131(b). As far as an ~ort~ation schedule, ~e federal legislation does not seem to contemplate amortization as a valid fo~ of "just compe~ation" for ~e removal (eider re~latory or physical) of a billboard. See 23 U.S.C.A. ~ 131(g). Fu~e~ore, Florida has enacted a provision ~at appears to require monetary compensation for the removal of any billboard located within the Federal jurisdiction. See ~ 479.15, Fla. Stat. (1999). The state enacted such a provision to comply wi~ ~e Federal legislation and avoid los~g 10% of its Federal highway ~nds. Courts ~ Florida have approved ~onization periods ranging from five to ten years for billboards that are not located wi~in Federal jurisdiction. However, no Florida court has found that amortization could be substituted for monem~ compe~ation when a billbo~d is removed wi~ ~e Federal jurisdiction. Because no Florida court has found t~s, our office could not reco~end applying an amon~ation period to any billboards ~at are located wi~in the Federal jurisdiction. If you have aw ~er questiom or would l~e me to research o~er aspects of ~is issue, please do not hesitate to contact me. A~c~ents cc: Susan Ruby, City Anomey SEP 1 7 1999 23 USCA § 131, Control of outdoor advertising Page 1 *177062 23 U.S.C.A. § 131 such time as such State shall provide for such effective control. Any amount which is withheld UNITED STATES CODE from apportionment to any State hereunder shall ANNOTATED be reapportioned to the other States. Whenever he TITLE 23. ItlGllWAYS determines it to be in the public interest, the CHAPTER 1--FEDERAL-AID Secretary may suspend, for such periods as he I~IGltWAYS deems necessary, the application of this subsection to a State. SUBCHAPTER I--GENERAL (c) Effective control means that such signs, PROVISIONS displays, or devices after January 1, 1968, if located within six hundred and sixty feet of the Current through P.L. 106-20, approved4-9-99 right-of-way and, on or after July 1, 1975, or after the expiration of the next regular session of the § 131. Control of outdoor advertising State legislature, whichever is later, if located beyond six hundred and sixty feet of the right-of- (a) The Congress hereby finds and declares that way, located outside of urban areas, visible from thc erection and maintenance of outdoor the main traveled way of the system, and erected advertising signs, displays, and devices in areas with the purpose of their message being read from adjacent to the Interstate System and the primary such main traveled way, shall, pursuant to this system should be controlled in order to protect the section, be limited to (1) directional and official public investment in such highways, to promote signs and notices, which signs and notices shall the safety and recreational value of public travel, include, but not be limited to, signs and notices and to preserve natural beauty, pertaining to natural wonders, scenic and (b) Federal-aid highway funds apportioned on or historical attractions, which are required or after January l, 1968, to any State which the authorized by law, which shall conform to Secretary determines has not made provision for national standards hereby authorized to be effective control of the erection and maintenance promulgated by the Secretary hereunder, which along the Interstate System and the primary standards shall contain provisions concerning system of outdoor advertising signs, displays, and lighting, size, number, and spacing of signs, and devices which are within six hundred and sixty such other requirements as may be appropriate to feet of the nearest edge of the right-of-way and implement this section, (2) signs, displays, and visible from the main traveled way of the system, devices advertising the sale or lease of property upon which they are located, (3) signs, displays, and Federal-aid highway funds apportioned on or after January l, 1975, or after the expiration of the and devices, including those which may be next regular session of the State legislature, changed at reasonable intervals by electronic process or by remote control, advertising activities whichever is later, to any State which the conducted on the property on which they are Secretary determines has not made provision for effective control of the erection and maintenance located, (4) signs lawfully in existence on October 22, 1965, determined by the State, subject to the along the Interstate System and the primary approval of the Secretary, to be landmark signs, system of those additional outdoor advertising including signs on farm structures or natural signs, displays, and devices which are more than surfaces, or historic or artistic significance the six hundred and sixty feet off the nearest edge of preservation of which would be consistent with the right-of-way~ located outside of urban areas, the purposes of this section, and (5) signs, visible from the main traveled way of the system, displays, and devices advertising the distribution and erected with the purpose of their message by nonprofit organizations of free coffee to being read from such main traveled way, shall be individuals traveling on the Interstate System or reduced by amounts equal to 10 per centum of the the primary system. For the purposes of this amounts which would otherwise be apportioned to subsection, the term "free coffee" shall include such State under section 104 of this title, until coffee for which a donation may be made, but is Copyright (c) West Group 1999 No claim to original U.S. Govt. works 23 USCA § 131, Control of outdoor advertising Page 2 not required, conform to national standards to be promulgated * 177063 (d) In order to promote the reasonable, by the Secretary. orderly and effective display of outdoor (g) Just compensation shall be paid upon the advertising while remaining consistent with the removal of any outdoor advertising sign, display, purposes of this section, signs, displays, and or device lawfully erected under State law and not devices whose size, lighting and spacing, permitted under subsection (¢) of this section, consistent with customary use is to be determined whether or not removed pursuant to or because of by agreement between the several States and the this section. The Federal share of such Secretary, may be erected and maintained within compensation shall be 75 per centum. Such six hundred and sixty feet of the nearest edge of compensation shall be paid for the following: the right-of-way within areas adjacent to the (A) The taking from the owner of such sign, Interstate and primary systems which are zoned display, or device of all right, tifle, leasehold, and industrial or commercial under authority of State interest in such sign, display, or device; and law, or in unzoned commercial or industrial areas (B) The taking from the owner of the real as may be determined by agreement between the property on which the sign, display, or device is several States and the Secretary. The States shall located, of the right to erect and maintain such have full authority under their own zoning laws to signs, displays, and devices thereon. zone areas for commercial or industrial purposes, (h) All public lands or reservations of the United and the actions of the States in this regard will be States which are adjacent to any portion of the accepted for the purposes of this Act. Whenever a Interstate System and the primary system shall be bona fide State, county, or local zoning authority controlled in accordance with the provisions of has made a determination of customary use, such this section and the national standards determination will be accepted in lieu of controls promulgated by the Secretary. by agreement in the zoned commercial and (i) In order to provide information in the specific industrial areas within the geographical interest of the traveling public, the State jurisdiction of such authority. Nothing in this transportation departments are authorized to subsection shall apply to signs, displays, and maintain maps and to permit information devices referred to in clauses (2) and (3) of directories and advertising pamphlets to be made subsection (c) of this section, available at safety rest areas. Subject to the (e) Any sign, display, or device lawfully in approval of the Secretary, a State may also existence along the Interstate System or the establish information centers at safety rest areas Federal-aid primary system on September 1, 1965, and other travel information systems within the which does not conform to this section shall not be rights-of-way for the purpose of informing the required to be removed until July 1, 1970. Any public of places of interest within the State and other sign, display, or device lawfully erected providing such other information as a State may which does not conform to this section shall not be consider desirable. The Federal share of the cost required to be removed until the end of the fifth of establishing such an information center or year after it becomes nonconforming, travel information system shall be that which is (f) The Secretary shall, in consultation with the provided in section 120 for a highway pro. ject on States, provide within the rights-of-way for areas that Federal-aid system to be served by such at appropriate distances from interchanges on the center or system. Interstate System, on which signs, displays, and ~ 177064 (j) Any State transportation department devices giving specific information in the interest which has, under this section as in effect on June of the traveling public may be erected and 30, 1965, entered into an agreement with the maintained. The Secretary may also, in Secretary to control the erection and maintenance consultation with the States, provide within the of outdoor advertising signs, displays, and devices rights-of-way of the primary system for areas in in areas adjacent to the Interstate System shall be which signs, displays, and devices giving specific entitled to receive the bonus payments as set forth information in the interest of the traveling public in the agreement, but no such State transportation may be erected and maintained. Such signs shall department shall be entitled to such payments Copyright (c) West Group 1999 No claim to original U.S. Govt. works 23 USCA § 131, Control of outdoor advertising Page 3 unless the State maintains the control required States court of appeals for the circuit in which the under such agreement: Provided, That permission State is located and to the Supreme Court of the by a State to erect and maintain information United States upon certiorari or certification as displays which may be changed at reasonable provided in title 28, United States Code, section intervals by electronic process or remote control 1254. If any part of an apportionment to a State is and which provide public service information or withheld by the Secretary under subsection (b) of advertise activities conducted on the property on this section or subsection (b) of section 136, the which they are located shall not be considered a amount so withheld shall not be reapportioned to breach of such agreement or the control required the other States as long as a suit brougbt by such thereunder. Such payments shall be paid only State under this subsection is pending. Such from appropriations made to carry out this section, amount shall remain available for apportionment The provisions of this subsection shall not be in accordance with the final judgment and this construed to exempt any State from controlling subsection. Funds withheld from apportionment outdoor advertising as otherwise provided in this and subsequently apportioned or reapportioned section, under this section shall be available for (k) Subject to compliance with subsection (g) of expenditure for three full fiscal years after the date this section for the payment of just compensation, of such apportionment or reapportionment as the nothing in this section shall prohibit a State from case may be. establishing standards imposing stricter limitations ~ 177065 (m) There is authorized to be with respect to signs, displays, and devices on the appropriated to carry out the provisions of this Federal-aid highway systems than those section, out of any money in the Treasury not established under this section, otherwise appropriated, not to exceed $20,000,000 (l) Not less than sixty days before making a final for the fiscal year ending June 30, 1966, not to determination to withhold funds from a State exceed $20,000,000 for the fiscal year ending under subsection (b) of this section, or to do so June 30, 1967, not to exceed $2,000,000 for the under subsection (b) of section 136, or with fiscal year ending June 30, 1970, not to exceed respect to failing to agree as to the size, lighting, $27,000,000 for the fiscal year ending June 30, and spacing of signs, displays, and devices or as to 1971, not to exceed $20,500,000 for the fiscal year unzoned commercial or industrial areas in which ending June 30, 1972, and not to exceed signs, displays, and devices may be erected and $50,000,000 for the fiscal year ending June 30, maintained under subsection (d) of this section, or 1973. The provisions of this chapter relating to with respect to failure to approve under subsection the obligation, period of availability and (g) of section 136, the Secretary shall give written expenditure of Federal-aid primary highway funds notice to the State of his proposed determination shall apply to the funds authorized to be and a statement of the reasons therefor, and during appropriated to carry out this section after June 30, such period shall give the State an opportunity for 1967. Subject to approval by the Secretary in a hearing on such determination. Following such accordance with the program ofprqiects approval hearing the Secretary shall issue a written order process of section 105, a State may use any funds setting forth his final determination and shall apportioned to it under section 104 of this title for furnish a copy of such order to the State. Within removal of any sign, display, or device lawfully forty-five days of receipt of such order, the State erected which does not conform to this section. may appeal such order to any United States (n) No sign, display, or device shall be required district court for such State, and upon the filing of to be removed under this section if the Federal such appeal such order shall be stayed until final share of the just compensation to be paid upon judgment has been entered on such appeal, removal of such sign, display, or device is not Summons may be served at any place in the available to make such payment. Funds United States. The court shall have jurisdiction to apportioned to a State under section 104 of this affirm the determination of the Secretary or to set title shall not be treated for purposes of the it aside, in whole or in part. The judgment of the preceding sentence as being available to the State court shall be subject to review by the United for making such a payment except to the extent Copyright (c) West Group 1999 No claim to original U.S. Govt. works 23 IJSCA § 131, Control of outdoor advertising Page 4 that the State, in its discretion, expends such funds public, be deferred until all other nonconforming for such a payment, signs are removed. (o) The Secretary may approve the request of a (r) Removal of illegal signs.-- State to permit retention in specific areas defined (1) By owners.--Any sign, display, or device by such State of directional signs, displays, and along the Interstate System or the Federal-aid devices lawfully erected under State law in force primary system which was not lawfully erected, at the time of their erection which do not conform shall be removed by the owner of such sign, to the requirements of subsection (c), where such display, or device not later than the 90th day signs, displays, and devices are in existence on the following the effective date of this subsection. date of enactment of this subsection and where the (2) By States.--If any owner does not remove State demonstrates that such signs, displays, and a sign, display, or device in accordance with devices (1) provide directional information about paragraph (1), the State within the borders of goods and services in the interest of the traveling which the sign, display, or device is located shall public, and (2) are such that removal would work remove the sign, display, or device. The owner a substantial economic hardship in such defined of the removed sign, display, or device shall be area. liable to the State for the costs of such removal. (p) In the case of any sign, display, or device Effective control under this section includes required to be removed under this section prior to compliance with the first sentence of this the date of enactment of the Federal-Aid Highway paragraph. Act of 1974, which sign, display, or device was (s) Scenic byway prohibition.--If a State has a after its removal lawfully relocated and which as a scenic byway program, the State may not allow result of the amendments made to this section by the erection along any highway on the Interstate such Act is required to be removed, the United System or Federal-aid primary system which States shall pay 100 per centum of the just before, on, or after the effective date of this compensation for such removal (including all subsection, is designated as a scenic byway under relocation costs), such program of any sign, display, or device (q)(1) During the implementation of State laws which is not in conformance with subsection (c) of enacted to comply with this section, the Secretary this section. Control of any sign, display, or shall encourage and assist the States to develop device on such a highway shall be in accordance sign controls and programs which will assure that with this section. In designating a scenic byway necessary directional information about facilities for purposes of this section and section 1047 of providing goods and services in the interest of the the Intermodal Surface Transportation Efficiency traveling public will continue to be available to Act of 1991, a State may exclude from such motorists. To this end the Secretary shall restudy designation any segment of a highway that is and revise as appropriate existing standards for inconsistent with the State's criteria for directional signs authorized under subsections designating State scenic byways. Nothing in the 131 (c)(1) and 131 (f) to develop signs which are preceding sentence shall preclude a State from functional and esthetically compatible with their signing any such excluded segment, including surroundings. He shall employ the resources of such segment on a map, or carrying out similar other Federal departments and agencies, including activities, solely for purposes of system continuity. the National Endowment for the Arts, and employ (0 Primary system defined.--For purposes of this maximum participation of private industry in the section, the terms "primary system" and "Federal- development of standards and systems of signs aid primary system" mean the Federal-aid primary developed for those purposes, system in existence on June 1, 1991, and any * 177066 (2) Among other things the Secretary highway which is not on such system but which is shall encourage States to adopt programs to assure on the National Highway System. that removal of signs providing necessary directional information, which also were CREDIT(S) providing directional information on June 1, 1972, about facilities in the interest of the traveling 1990 Main Volume Copyright (c) West Group 1999 No claim to origi~ml U.S. Govt. works 23 USCA § 131, Control of outdoor advertising Page 5 (Pub.L. 85-767, Aug. 27, 1958, 72 Stat. 904; Pub. L. and Adm. News, p. 8011. 86-342, Title I, § 106, Sept. 21, 1959, 73 Stat. 612; Pub. L. 87-61, Title l, ~ 106, June 29, 1961, 75Stat. 123; Pub. L. 1976 Acts. House Report No. 94-716 and House 88-157, ~ 5, Oct. 24, 1965, 77Stat. 277; Pub. L. 89-285, Conference Report No. 94-1017, see 1976 U.S. Code Cong. Title I, § lOl, Oct. 22, 1965, 79 Stat. I028; Pub. L. 89-574, and Adm. News, p. 798. § 8(a), Sept. 13, 1966, 80 Stat. 768; Pub. L. 90-495, § 6(a) to (d), Aug. 23, 1968, 82Stat. 817; Pub. L. 91-605, Title l,3~ 1978 Acts. House Report No. 95-1485 and House 122(a), Dec. 31, 1970, 84 Stat. 1726; Pub. L. 93-643, 3~ Conference Report No. 95-1797, see 1978 U.S. Code Cong. 109, Jan. 4, 1975, 88Stat. 2284; Pub.L. 94-280, Title I, ~ and Adm. News, p. 6575. 122, May 5, 1976, 90 Stat. 438; Pub.L. 95.599, Title I, 3f:[ 121, 122, Nov. 6, 1978, 92Stat. 2700, 2701; Pub. L. 1979 Acts. Senate Report No. 96-333, see 1979 U.S. Code 96-106, ~ 6, Nov. 9, 1979, 93 Stat. 797.) Cong. and Adm. News, p. 1813. 1999 Pocket Part 1991 Acts. House Report No. 102-171 (Parts I and II) and House Conterence Report No. 102-404, see 1991 U.S. ~177067 (As amended Pub. L. 102-240, Title I, ~ 1046(a) to Code Cong. and Adm. News, p. i 526. (c), Dec. 18, 1991, lOJStat. 1995. 1996; Pub. L. 102-302, 1995 Acts. House Report No. 104-246 and House ~ 104, June 22, 1992, 106Stat. 253; Pub. L. 104-59, Title Conference Report No. i 04-345, see 1995 IJ.S. Code Cong. III, § 314, Nov. 28, 1995, 109 Stat. 586; Pub. L. 105-178, Title I, § 1212(a)(2)(A), June 9, 1998, 112 Stat. 193.) and Adm. News, p. 522. References in Text <General Materials (GM) - References, This Act, referred to in subsec. (d), probably means Annotations, or Tables> Pub.L. 89-285, Oct. 22, 1965, 79 Stat. 1028, as amended, known as the Highway Beautification Act of 1965, which HISTORICAL NOTES enacted section 136 of this title and provisions set out as notes under sections 131 and 135 of this title and amended sections 131 and 319 of this title. For complete HISTORICAL AND STATIYrORY NOTES classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. Revision Notes and Legislative Reports 1958 Acts. Senate Report No. 1928, see 1958 U.S. Code ' 177068 The date of enactment of this subsection, Cong. and Adm. News, p. 3942. referred to in subsec. (o), means May 5, 1976, the date of approval of Pub.L. 94-280. 1959 Acts. Senate Reports Nos. 902 and 903, see 1959 U.S. Code Cong. and Adm. News, p. 2733. The date of enactment of the Federal-Aid Highway Act of 1974, referred to in subset. (p), means January 3, 1975, the 1961 Acts. Senate Report No. 293, Senate Report No. date of approval of Pub.L. 93-643. 564, and Conference Report No. 564, see 1961 U.S. Code Cong. and Adm. News, p. 1788. The effective date of this subsection, referred to in subsecs. (r) and (s), probably means the date of enactment 1963 Acts. Senate Report No. 552, see 1963 U.S. Code of Pub.L. 102-240, which was approved Dec. ! 8, i 991. Cong. and Adm. News, p. 1027. Section 1047 of the Intermodal Surface Transportation 1965 Acts. House Report No. 1084, see 1965 U.S. Code Efficiency Act of 1991, referred to in subsec. (s), is section Cong. and Adm. News, p. 3710. 1047 of Pub.L. 102-240, Title I, Dec. 18, 1991, ! 05 Stat. 1996, which is set out as a note under section 101 of this 1966 Acts. Senate Report No. 1410 and Conference title. Report No. 1903, see 1966 U.S. Code Cong. and Adm. News, p. 2800. Amendments 1998 Amendments. Subsec. (i). Pub.L. 105-178, § 1968 Acts. Senate Report No. 1340 and Conference 1212(a)(2)(A)(ii), substituted "State transportation Report No. 1799, see 1968 U.S. Code Cong. and Adm. departments" for "State highway departments". News, p. 3482. Subsec. 0). Pub.L. 105-178, § 1212(a)(2)(A)(i), 1970 Acts. House Report No. 91-1554 and Conference substituted "State transportation department" lbr "State Report No. 9 I-1780, see 1970 IJ.S. Code Cong. and Adm. highway department" wherever appearing. News p. 5392. 1995 Amendments. Subsec. (s). Pub.L. 104-59, § 314, 1975 Acts. House Report No. 93-1567 and House inserted provision authorizing a State to exclude from a Conference Report No. 93-1622, see 1974 U.S. Code Cong. scenic byway designation any segment of a highway that is Copyright (c) West Group 1999 No claim to original U.S. Govt. works 23 U$CA § 131, Control of outdoor advertising Page 6 inconsistent with the State's criteria for designating State 1976 Amendments. Subset. (f). Pub.L. 94-280, § 122(a), scenic byways, authorized the Secretary, in consultation with the States, to provide within the rights-ol:way of the primary system for 1992 Amendments. Subset. (n). Pub.L. 102-302, § 104, areas in which signs, displays, and devices giving specific added "Funds apportioned to a State under section 104 of information in the interest of the traveling public may be this title shall not be treated for ptuposes of the preceding erected and maintained. sentence as being available to the State for making such a payment except to the extent that the State, in its discretion, Subsec. (i). Pub.L. 94-280, § 122(c), authorized a State to expends such funds for such a payment." establish travel information systems within the rights-of- way and prescribed as the Federal share of the cost of 1991 Amendments. Subsec. (m). Pub.L. 102-240, § e~ablishing an information center or travel information 1046(a), inserted provision authorizing a State, subject to system the Federal share which is provided in section 120 approval by the Secretary in accordance with the program of this title for a highway project on that Federal-aid system of projects approval process of section 105, to use to be served by such center or system. apportioned funds for removal of any sign, display, or deviee lawfully exected which doas not conform with tlfis Subsec. (o) to (q). Pub.L. 94-280, § 122(b),added section, subsecs. (o) to (q). Subsec. (r). Pub.L. 102-240, § 1046(b), added subsec. (r). 1975 Amendments. Subsec. (b). Pub.L. 93-643, § 109(a), required reduction of Federal-aid highway funds Subsecs. (s), (t). Pub.L. 102-240, § 1046(c), added apportioned on or after Jan. 1, 1975, or after thc expiration subsecs. (s) and (t). of the next regular session of the State legislature, whichever is later, to any State which the Secretary 1979 Amendments. Subsec. (c) (5). Pub.L. 96-106 determines has not made provision for effective control of substituted "distribution by nonprofit" for "distribution of the erection and maintenance along the Interstate System nonprofit", and the primary system of those additional outdoor advertising signs, displays, and devices which are more 1978 Amendments. Subsec. (c). Pub.L. 95-599, §§ 121, than 660 feet offthe nearest edge of the right-of-way, 122(c), inserted "including those which may be changed at located outside of urban areas, visible from thc main reasonable intervals by electronic process or by remote traveled way of the system, and erected with the purpose of control," following "devices" in cl. (3) and added cl. (5). their message being read from such main traveled way. ~177069Subsec.(g). Pub.L. 95-599, § 122(a),added Subsec.(c). Pub.L. 93-643, § 109Co)substituted provision relating to just compensation not permitted under "Effective control means that such signs, displays, or subsec. (c) of this section for the removal of signs lawfully devices after January 1, 1968, if located within six hundred erected under State law. and sixty feet of the right-or:way and, on or after July !, i 975, or after the expiration of the next regular session of Subsec. 0). Pub.L. 95-599, § 122(d), added provision the State legislature, whichever is later, if located beyond relating to permission by the State to erect and maintain six hundred and sixty feet of the right-of-way, located information displays, outside of urban areas, visible from the main traveled way of the system, and erected with the purpose of their Subsec. (k). Pub.L. 95-599, § 122(b), substituted "Subject message being read from such main traveled way," lbr to compliance with subsection (g) of this section for the "Effective control means that after January I, i 968, such payment of just compensation, nothing" for "Nothing". signs, displays, and devices", deleted in cl. (!) "other" preceding "official signs", and added cl. (4). Copyright (c) West Group 1999 No claim to original U.S. Govt. works FSA § 479.15, Harmony of regulations Page 1 *53037 West's F.S.A. § 479.15 municipality, county, local zoning authority, or other local government entity promulgating WEST'S FLORIDA STATUTES requirements for such alteration must be ANNOTATED responsible for payment of just compensation to TITLE XXXIL REGULATION OF the sign owner if such alteration constitutes a PROFESSIONS AND taking under state law. This subsection applies OCCUPATIONS only to a lawfully erected sign the subject matter of which relates to premises other than the CHAPTER 479. OUTDOOR premises on which it is located or to merchandise, ADVERTISING services, activities, or entertainment not sold, produced, manufactured, or furnished on the Current through Endof1998 2ndReg. Sess. premises on which the sign is located. This subsection shall not be interpreted as explicit or 479.15. Harmony of regulations implicit legislative recognition that alterations do or do not constitute a taking under state law. (1) No zoning board or commission or other public officer or agency shall issue a permit to CREDIT(S) erect any sign which is prohibited under the provisions of this chapter or the rules of the 1999 Electronic Update department, nor shall the department issue a Amended byLaws 1994, c. 94-237, ~ 41, eft. May 25, 1994. permit for any sign which is prohibited by any other public board, officer, or agency in the lawful HISTORICAL NOTES exercise of its powers. HISTORICAL ANB STATUTORY NOTES (~2) A municipality, county, local zoning authority, or other local governmental entity may 1991 Main Volume not remove, or cause to be removed, any lawfully erected sign along any portion of the interstate or Derivation: federal-aid primary highway system without first Laws 1984, c. 84-227, 8 15. paying just compensation for such removal. A Laws 1974, ¢. 74-273, 8 1. Laws 1969, c. 69-106, 88 23, 35. local governmental entity may not cause in any Laws 1967, c. 67-461, 8 5. way the alteration of any lawfully erected sign Laws 1941, ¢. 20446, § 13. located along any portion of the interstate or federal-aid primary highway system without REFERENCES payment of just compensation if such alteration constitutes a taking under state law. The LIBRARY REFERENCES Copyright (c) West Group 1999 No claim to original U.S. Govt. works AK MEDIA/FL A MEM~Ea OF Tt~E A(;~<I~;~:~LE ¥ MEDI), Gao[Jp Ms. Lula Butler September 23, 1999 City of Delray Beach 100 NW 1~t Ave. Delray Beach, FL 33444 Re: City of Delray Beach Billboard Reduction Program Dear Ms. Butler: AK Media/FL is a division of The Ackerley Group, an outdoor media, broadcast, sports and entertainment company, headquartered in Seattle, Washington, with offices in Miami and West Palm Beach. We have been in business in your community for over twenty years. AK Media/FL is interested in submitting a proposal to you that, if agreed to, would eliminate a significant percentage of billboard structures in the City of Delray Beach in exchange for the opportunity to construct new monopole structures in more appropriate commercial and industrial zones along 1-95. We have recently entered into a similar agreement with the City of Pembroke Park. The resulting ordinance stipulated that AK Media/FL would remove 14 existing billboard structures in exchange for the opportunity to construct 3 new monopole structures in strictly commercial or industrial zones. The enclosed submittal contains the following: 1. List of structures available for removal 2. Spotted map of AK Media/FL structures 3. Spotted map of proposed billboard sites 4. Photos of existing structures 5. Renderings of proposed billboards on site I look forward to discussing our proposal with you during your next workshop. AK Media/FL would appreciate the opportunity to work in concert with the City of Delray Beach for our mutual benefit. Please feel free to contact me if you have any questions or concerns. Dir. of Public Affairs 5800N. W. 77~Cot[,'r M~,~u~,F~,33166 TE~ 305.592.6250 B,ow~.,.,~ T~.:L 954.527.5777 F,~x 305.477.0743 www: ack erlev, com/akmedia List of Structures Available for Removal Dixie Highway, east side, 25' north of Boca De/ray, County line, facing south Dixie Highway, east side, 25' north of Boca De/ray, County line, facing south Dixie Highway, east side, 25' north of Boca De/ray, county line, facing north Dixie Highway, east side, 25' north of Boca Delray, County line, facing north Old Dixie Highway, west side, 700' south of Linton Blvd., facing south Old Dixie Highway, west side, 700' south of Linton Blvd., facing north Old Dixie Highway, west side, 200' south of Linton Blvd., facing south Old Dixie Highway, west side, 200' south of Linton Blvd., facing north US H/ghway 1, east side, 200' south of Bond Way, facing south US Highway 1, east side, 200' south of Bond Way, facing north Atlantic Ave., north side,. 5 mi. west of Congress Ave. facing east Atlantic Ave., north side, .5 mi. west of Congress Ave. facing west · Posters O Bulletins ~"~"~'~,~~' ~ I 0 Proposed_ BilIb~M ~es ~ ~lm R~ ~ 0 At~o Ay O City of Delray Beach Billboard Locations as of October 31, 1997 ~ ~) Proposed Billboard Site ]~IEDIA / FL Ridgeva:x~ Rd Palm Ridge Bc _ Atl~nUo Av ~J __ SW lo S~ City of Delray Beach Proposed Billboard Sites AK MEDIA/FLORIDA BILLBOARD Municipality: Delray Beach Re: Ride #: 13180, 81, 82, 83 Lease #: 58120 Ride #: Dixie Highway E/L 25F N/O Boca/Delray C/L North Faces · South Faces AK MEDIA/FLORIDA BILLBOARD Municipality: Delray Beach Re: Ride #: 13200, 02 Lease #: 59521 Ride #: Old Dixie Highway W/L 700F S/O Linton Blvd. S/F South Face '~.'- Umtcci Way AK MEDIA/FLORIDA BILLBOARD Municipality: Delray Beach Re: Ride #: 13222 Lease #: 59520 Ride #: Old Dixie Highway W/L 200F S/O Linton Blvd. N/F North Face AK MEDIA/FLORIDA BILLBOARD Municipality: Delray Beach Re: Ride #: 13360, 65 Lease #: 58544 Ride #: Atlantic Avenue N/L .5M W/O Congress Avenue East Face West Face AK MEDIA/FLORIDA BILLBOARD Municipality: Delray Beach Re: Ride #: 13600, 02 Lease #: 59374 Ride #: US Highway 1 E/L 200F S/O Bond Way South Face North Face PROPOSED BII,LBOARD SITE AK MEI) IA/FI~ · Location: 1-95 E .8m N Linton Bd - South Face · Address: 750 SW 17th Avenue, Delray Beach · Landmark/Business: Casa Tile · Zoning: I - Industrial PROPOSED BILLBOARD SITE AE ~IFI) IA/FIJ * Location: 1-95 W .9m N Linton Bd - South Face · Address: 551 S. Congress Avenue, Delray Beach * Landmark/Business: Uncle Bob's Storage · Zoning: MIC Mixed Industrial & Commercial PROPOSED BILLBOARD SITE Al( M EI) IA/F'L · Location: 1-95 W 1000 N Atlantic Bd - South Face · Address: 1700 Depot Avenue, Delray Beach · Landmark/Business: White Bldg - Blue Trim · Zoning: MIC - Mixed Industrial & Commercial PROPOSED BILLBOARD SITE AK MEI) iA/FI, · Location: 1-95 W 4000 N Atlantic Bd - South Face · Address: 1395 Park of Commerce · Landmark/Business: Delray Park of Commerce · Zoning: PCC -Planned Commerce Center MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~..~ - REGULAR MEETING OF OCTOBER 19, 1999 DECISION TO JOIN MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM DATE: OCTOBER 15, 1999 Attached is a memorandum from Chief Overman requesting direction as to whether or not the City is interested in joining the Municipal Pubic Safety Communications Consortium. The Criminal Justice Commission (cjc) has made radio communications for law enforcement one of its top five priorities for 1999. The consortium is being formed through action of the cJC's Countywide Public Safety Communications Committee and Law Enforcement Planning Council to address municipal radio needs. Included in the backup material is a letter dated October 5, 1999, from Robert Mangold, Chairman of the Law Enforcement Planning Council, indicating that the consortium has sufficient membership to move forward with its effort. As noted in Chief Overman's memorandum, joining the consortium does not obligate us to do anything other than be a participant. If the Commission feels it would be worthwhile for us to join, an interlocal agreement will be brought back probably at the next regular meeting for formal approval. At that time the Commission will also be asked to appoint a representative to the MPSCC Board of Directors and one alternate to serve in that member's absence. RefiAgmemol 1.Municipal Public Safety Communications Consortium DEl_RAY BEACH Delray Beach Police Department NI-AmedcaCity (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: David T. Harden, City Manager O/7.p~l ~ { l,,o$,,q FROM: Richard G. Overman, Chief of Police ~I~ /VxlGE'0 DATE: ,~ptember 24, 1999 SUBJECT: DECISION .TO. JOIN MUN.!CIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM I have been copied on the August 17, 1999 memorandum from Chief Robert Mangold, Chairman of the Law Enforcement Planning Council, addressing the questions that you had with regard to the Consortium Interlocal Agreement. I have not heard from you since that time, and I would appreciate some direction with regard to whether or not we want to go ahead and join the Consortium if no other reason than to see what develops from there. It is my opinion that at this point it does not really obligate us to do anything other than be a participant until such time as we find it is no longer beneficial to the City of Delray Beach. I believe that Boynton Beach and Boca Raton are prepared to join the Consortium based on conversations I have had with both chiefs of police. I know that Chief Mangold is anxious for us to make a determination as to whether we will join. Awaiting your reply. RGO/ppt RECEIVED 0 C'[ 0 7 1999 CITY MANAGER Criminal Justice Commission 301 N. Olive Avenue, Suite 1001 October 5, 1999 West Palm Beach, FL 33401-4705 (561) 355-4943 Mr. David T. Harden, City Manager Suncom: 273-4943 City of Delray Beach FAX: (561) 355-4941 100 N.W. First Avenue dcunning@co.palm-beachfl.us Delray Beach, Florida 33444 http//legal.firn.edu/other/pbccjc Dear Mr. Harden: · I am pleased to inform you that the Municipal Public Safety Communications Consortium of Palm Beach County (MPSCC) now has sufficient membership to begin moving forward with its objectives. We anticipate having our first Board aoy H. Davidson, Chairman of Directors meeting in late November. Richard Lubin. Esq., Vice Chairman We have been informed that your City Commission will soon be considering the Leslie Corley, Secretary ]V[PSCC Interlocal Agreement. Upon approval of the Interlocal Agreement your Wendy Sartory Link, Treasurer City will be entitled to appoint one person to the MPSCC Board of Directors and one alternate to serve in that member's absence. Please have your Commission make these appointments in conjunction with their action on the Interlocal Agreement. The information on the appointees and a signed copy of the Interlocal Agreement should be sent to: Wayne English, Executive Director Communications Manager, Palm Beach County Criminal Justice Commission, L. Diane Cun ningham 301 North Olive Avenue, #1001, West Palm Beach, Florida 33401. Your cooperation in this matter is appreciated. If you have any questions, please call me at (561) 965-1700. Sincerely, Robert Mangold, Chairman Law Enforcement Planning Council cc: Chief Richard G. Overman "An Equal Opportunity Affirmative Action Employer" ~ printed on recycled paper Criminal Justice Commission August 17, 1999 301 N. Olive Avenue. Suite 1001 West Palm Beach. FL 33401-4705 Mr. David T. Harden, City Manager (561) 355-4943 City of Delray Beach Suncom: 273-4943 100 N.W. 1st Avenue FAX: (561)355-4941 Delray Beach, Florida 33444 dcunning@co.palm-beach.fl.us httplllegal.firn.eclulotherlpbccjc Dear Mr. Harden: I have received your letter of August 11, 1999 regarding the Municipal Public · Safety Communications Consortium Interlocal Agreement. I will attempt to provide clarification for each of your concerns. I would preface my comments with the fact that in drafting the Agreement our group tried to give the Board of Roy H. Davidson. Chairman Directors a large amount of latitude in its initial policy making. It was felt that this was necessary to allow the needs of over thirty municipalities to be addressed. Richarcl Lubin. Esq. Vice Chairman The policies set by the Board will be available for each municipality to review in Leslie Corley. Secretary the form of administrative policies, communications plan and budget before you wendy Sartory Link. Treasurer decide to continue as a Member. We see this review as a safeguard for each municipality. 1. [On page 3, subsection 1. C., in the last line, I would suggest saying either "a Smart Zone switch" or "Smart Zone switches". Since, as I understand it, there will be more than one S~nart Zone switch involved. ] Executive Director L. Diana Cunningham I am not aware of any plans for more than one Smartzone Switch. However you may make switch plural in your Agreement, because it does not change the intent of the Section. 2. [Beginning on page 3, in Section 2, paragraph 1 and paragraph 1.H., I question referring to the Communications Consortium as an administrative agency and giving it the power the power to employ employees. I see no reason to create another staff for this function. ] The radio issue has been addressed by various committees since about 1990. The single biggest problem in making progress toward an interoperable radio system for the municipalities has been the lack of staff to actually plan and carry out the committee's directives. It was not until the Criminal Justice Commission hired a Communications Manager in November 1998 that the project really took form and moved to the point of having a document before US. "A, Eqttal Opl~ortto~tQ, Aff,',larlvc ,4ctta~ Employc'r" ~:' ¢.'~¢ printed on re. cyclod paper In draffing the Agreement we recognized the need to continue the project with professional staff. I feel that this.is imperative to successfully implementing a municipal radio network and continuing to operate it in a consistent manner. Perhaps the Board of Directors would address this issue and make modifications if enough municipalities desired to make significant permanent commitments of their staff's time to the Consortium radio project. 3. [Page 7, In Section 6, paragraph 1, the second sentence refers to the governing body appointing board members, which, I believe, is as it should be. On page 11, however, Section 7, paragraph E (1) refers to directors being appointed by the city manager. I do not believe that is appropriate.] The reference to the appointment by the City Managers on page 11 is an error that was not caught in revising the earlier version of the document. This will be changed to refer to the governing body making the appointments. 4. [Page 7, paragraph 1.B. states that the MPSCC may reimburse the member for expenses incurred for attendance at meetings. Since all members of the board will be either public officials or public employees, any reimbursable expenses connected with attendance at meetings should be reimbursed by the local government and not by the Communications Consortium. Reimbursement for attendance at board meetings by the Communications Consortium is, in my view, inappropriate and unnecessary.] The intent of this Section was to provide for the reimbursement of expenses in unusual situations such as an out of town conference or meeting. This seems to be standard language included in many such agreements. 5. [Near the middle of page 8, and in numerous other places, there is reference to an Executive Director. An Executive Director is, in my view, unnecessary and would be a waste of money.] We feel that an Executive Director is necessary as explained in my comment in item 2. 6. [On page 10, in Section 7, paragraph B (2), the Executive Director is given authority to create positions and fill them. As I have all ready stated, I see no need to create a staff for this organization. If a staff is created, however, creation of additional positions should be only upon approval by the board.] The Executive Committee is designated to review actions of the Executive Director such as creating positions (Section 7.A(3).), 7. [On page 11, Section 7, paragraph E (4) states that the Board of Directors shall appoint an Executive Director. At the very least this should be changed to "may".] Your objection to an Executive Director is noted. 8. [On page 12, Section 8, paragraph C (3)(a) calls for the Executive Director to prepare a detailed budget showing the individual expenses of each HUB and the total anticipated obligation of each Member municipality. In my view, the budget should be submitted from the bottom up. The HUB members should determine their budget and how those costs would be divided among Member municipalities.] A major difficulty at this time is that most municipalities (HUBs) have no staff to deal with designing a HUB radio system or prepaxing a budget for it. The Agreement gives the HUBs control over the scope of each of their segments of the radio system. The Executive Director would perform all the administrative and design tasks necessary to arrive at a budget. The HUB Group could then approve, reject or modify the proposal and associated budget. 9. [On page 13, paragraphs D (3) and E are very awkwardly worded and need to be rewritten. My suggestion would be to word them as follows: "Costs within each HUB shall be apportioned according to the percentage each Member municipalities' population of the total population of all HUB members." Also, on page 13, I question why the selection of HUB affiliation should be subject to approval by the board.] You may use your preferred language regarding the percentages since it does not change the intent of the Section. Board approval of major actions of its subgroups was included in the Agreement. 10. [In paragraph D (4) if a HUB group chooses to share costs on a different basis why should it be subject to approval from the Board of Directors?] It is important to realize that the Board of Directors consists of a representative of each member municipality. It was felt as indicated above that the Board should have the ability to review the actions of its sub-groups to ensure that all actions were in the best interests of all the Members of the Consortium.. 11. [In paragraph D (7) why should the Communications Consortium dictate how the chairman of the HUB group is to be chosen and how long their term should be.] The HUB groups are sub-groups of the Consortium and some consistency was deemed necessary. 12. [On page 14, in paragraph E (1), why should the School District Police be given weighted voting based on the average population of the category 2 municipalities.] This was the recommendation of the Law Enforcement Planning Council representing the Chiefs of Police of Palm Beach County. The School District Police is about a one hundred person force which is equivalent to the average police force of category 2 cities. 13. [On page 15, Section 8, paragraph O, it is totally unacceptable to have the Communications Consortium dictate whether or not non-law enforcement departments are able to use this radio system.] It is the intent of the Consortium to provide total municipal communications services. Your City would have the ability to have these services included in your needs analysis and to review the costs associated in the budget before the withdrawal period begins. 14. [On page 17, in Section 9, paragraph D, the entire paragraph is, in my opinion, redundant since it basically reiterates what is required by law anyway. Putting it in this agreement may simply give someone else another cause of action against the Cooperative. ] This is the common language included in many agreements which involve employees. The document has undergone a legal review prior to distribution. 15. [Also, in Section 9, paragraph G, which begins on page 17, goes into too much detail about how a Cooperative dispatch center would operate. This should be left to the discretion of those forming the Cooperative dispatch center insofar as possible. ] This Section delineates how a cooperative dispatch center scenario would be included in the Consortium's structure. The operation of the center would be controlled by those municipalities involved. 16. [On page 23, in paragraph D, in my opinion the entire paragraph is redundant and unnecessary. It simply restates what is required by law anyway and would possibly give someone another cause of action against the Cooperative. ] This is the common language included in many agreements. The document has undergone a legal review prior to distribution. I hope this additional information has satisfactorily resolved your concerns. We are trying very hard to bring all our municipalities together to cooperatively address the vital issue of public safety communications. If you have any further questions, please feel free to contact me at (561) 965-1700. Sincerely, Robert Mangold, Chairman Law Enforcement Planning Council RM/rb CC: Leif Ahnell, City Manager, City of Boca Raton Wilfred Hawkins, City Manager, City of Boynton Beach Chief Richard G. Overman, Delray Beach Police Department James Titcomb, Executive Director, League of Cities Wayne English, Communications Manager, Criminal Justice Commission Criminal Justice commission 301 N. Olive Avenue. Suite 1001 August 31, 1999 west Palm Beach, FL 33401-4705 (s6,355-4943 Robert McAllister, Acting Director suncom: 273-4943 Manalapan Department of Public Safety FAX: (561) 355-4941 600 South Ocean Boulevard dcunning@co.palm-beach.fl.us Manalapan, Florida 33462 http//legal.firn.edu/other/pbccjc Dear Director McAllister: · It is my understanding fi.om Chief Robert Mangold, Chairman of the Palm Beach County Criminal Justice Commission's Law Enforcement Planning Council, that you have questions regarding the initial funding for the proposed Public Safety Roy H. Davidson. Chairman Communications Consortium. Primarily, the concern seems to be that the l~ichardLubin. Esq. Vice Chairman Consortium could generate expenditures for operating costs and a financial ~.es~ie Cor~ey. Secretary liability for the municipalities prior to their acceptance of their cost projection in the initial project implementation budget. Wendy Sartory Link. Treasurer The Criminal Justice Commission (CJC) has made radio communications for law enforcement one of its top five priorities for 1999. Through the actions of its Countywide Public Safety Communications Committee and Law Enforcement Planning Council, the Municipal Public Safety Communications Consortium of Executive Director Palm Beach County (MPSCC) is being formed to address municipal radio needs. L Diana Cunningham The CJC has already hired an Intergovernmental Communications Manager who has been instnunental in this process. The CJC has recognized that funding will be necessary to assist the MPSCC in its formation and staffing. Funding will also be necessary for the design of the radio system. The Board of County Commissioners at its August 24, 1999 meeting approved the CJC's recommendation that Local Law Enforcement Block Grant funds in the amount of $493,717 be allocated primarily for the Countywide Public Safety Communications project. This funding is designated for staff salaries, operating expenses and other professional services needed to design the radio system. This grant is for a period of two years beginning October 1, 1999. The Intergovernmental Communications Manager, his secretary and operating expenses are now being funded out of a similar previous grant allocation. '?tn Eqllal printed on recycled oaper The MPSCC Interlocal Agreement stipulates that any Member municipality may withdraw fi:om the Consortium if the initial capital and operating budget projections are not satisfactory to that municipality. The existence of this block grant funding ensures that Member municipalities will have no financial obligations or expenditures until they accept the initial budget which details their share of the future projected expenses to operationalize the interoperable communication system amongst the participating municipalities. I hope this clarifies the funding concern satisfactorily. If you have further questions, please call me at (561) 355-4943. Sincerely, L. Diana Cunningham Executive Director, Criminal Justice Commission LDC/WAE/rb ce: Chief Robert Mangold, Chairman, Law Enforcement Planning Council Ernie Can', Chairman, Countywide Public Safety Communications Committee Chiefs of Police MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGEP~/%4 SUBJECT: AGENDA ITEM #~) REGULAR MEETING OF OCTOBER 19, 1999 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY DATE: OCTOBER 15, 1999 The term for Thomas F. Carney, Jr. will expire on October 27, 1999. Mr. Carney has served one full term. He is eligible for reappointment and would like to be considered. Attendance records are attached. Per statute, an appointee may not be an officer or employee of the City. Further, each housing authority must have at least one member who is a resident, current in rent, of the housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program admimstered by the authority. There is a resident-member currently serving on the Housing Authority. The following have submitted applications for consideration: Thomas F. Carney, Jr. (incumbent) Edward C. Desmond Joe j. Farkas Donald W. Goebel N. Jean Heinley-Bainer Jeanette Slavin Pursuant to Commission direction, a check for possible liens/code violations was conducted. None were found. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the appointment will be made by Mayor Alperin (Seat #5). Recommend appointment of a regular member to the Delray Beach Housing Authority for a four (4) year term ending October 27, 2003. s / cilyclcrk/agendamemo.d elraybcachh ousing, l O. 19.99 BOARD M~MBF-R APFLZCATION ,- ~ W~~$ 6, ~~B~...~ C!WCLERK HO~ ~D~SS (S=~ee=,'=i&y, lip Code) (L~G~ LIST A'F.3. CITY BOAEDS ON ~rICH YOU ARE CURR2NTLY SERVING OR ~VE P~IOUSLY 5~V~ (Please ~clude dates) LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES ~HICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSZTION CAz~o~ ~c ~,~a,~. P~. t9~,~,'4~- PLEASE ATTACH A BRIEF ~ES~E. I HEREBY CEETI~ THAT ALL THE A~0VE STATEHENTS AEE T~UE, AND I AGEEE AND UNDEESTAND THAT ANY MISSTATEMENT OF NATEEIAL FACTS CONTAINED IN THIS APPLICA- TION ~A¥ CAUSE FO~EITUEE UPON M~ PART OF ANY AP~OINT~22~ I MA? RECEIVE. ' $ I GNATUEE DATE 4/90 THOMAS F. CARNEY, JR. 1101 North Congress Avenue, Suite 200 Boynton Beach, Florida 33426 (561) 369-1400 (Office) (561) 369-1175 (Fax) October 1979 to Present CARNEY LEGAL GROUP, P.A. Attorney-at-Law concentrating in real estate; financial transactions; contracts; international transactions; and corporations; Certified Circuit-Civil Mediator December 1983 CARNEY AND COMPANY, INC. Founder to Present and Chairman of the Board. Activities include investment banking and holding company operations. Subsidiary companies include : The Carney Group, Inc. (investment banking, member N.A.S.D. and S.I.P.C.); March, 1991 to Present CARNEY-JONES INVESTMENT CORPORATION December, 1996 Co-Founder and Chairman Engaged in the acquisition and/or management of office buildings and multi-family residential properties. December, 1990 to ROANOKE-LYNCHBURG TELEVISION ACQUISITION October, 1993 CORPORATION. Founder and President Owned and operated Channels 21 and 27 in Roanoke-Lynchburg, Virginia (Fox Television Affiliate). Company sold in Oct. 1993. December, 1990 to ECOLOgiC WASTE SERVICES, INC. December, 1994 Co-Founder and Vice-Chairman Company founded and was one-third owner of U.S. Tire Recycling, Inc., the largest collector and disposer of scrap tires in the Mid-Atlantic states (headquartered near Charlotte, N.C.). Company sold in December, 1994. December, 1984 to EXPLOTACIONES PORTUARIAS, S.A., TARRAGONA, November, 1987 SPAIN. President. Owned and operated private maritime terminal and stevedoring company; developed new business/trade between the Port and other European and South American/Caribbean countries. June, 1981 to COMMITTEE ON WAYS AND MEANS, United States October, 1983 House of Representatives, Washington, D.C. Assistant Republican Counsel. October, 1979 to OFFICE OF CHIEF COUNSEL, Internal Revenue June, 1981 Service, Washington, DC. Attorney-Advisor, Legislation and Regulations Division. BANK DIRECTORSHIPS May, 1984 to July, CARNEY BANK. to June, 1992 Founder; Vice Chairman of the Board. December, 1988 COUNTY NATIONAL BANK OF SOUTH FLORIDA. to August, 1992 Director; Member Executive/Loan Committees. May, 1984 to GIBRALTAR SAVINGS AND LOAN ASSOCIATION, March, 1987 Miami, Florida. PROFESSIONAL MEMBERSHIPS Florida Bar Association, Massachusetts Bar Association, United States Tax Court Bar, United States District Court (Southern District, Florida), and the United States Supreme Court. EDUCATION Legal Georgetown University Law Center, Washington, D.C., Master of Laws in Taxation (M.L.T.), 1984. Boston College Law School, Newton Centre, MA, J.D., 1979. Activities: Associate Editor, Boston College International and Comparative Law Review, 1978-1979; staff member, 1977-1978. Student Representative, Committee on Foreign Activities of U.S. Taxpayers, A.B.A. Section of Taxation, 1978-1979. Publication: "The 1976 French Finance Law: Its Effect on U.S. Citizens Residing in France with U.S. Source Passive Income," 2 B.C. Int'l & Comp. L.J. 163 (1978). Undergraduate Spring Hill College, Mobile, Alabama (Political Science), 1976. Maqna Cum Laude. University of Bristol, Bristol, England (Junior year abroad). B.S. OTHER ACTIVITIES Delegate to the United Nations, Permanent 1996 - present Observer Mission of the Sovereign Military Order of Malta to the United Nations 1995-present Delray Beach Housinq Authority. PERSONAL Married, two children Date of Birth: February 15, 1954 LANGUAGE French; some Spanish REFERENCES Furnished upon request. 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ / SUBJECT: AGENDA ITEM # ~ REGULAR MEETING OF OCTOBER 19, 1999 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD DATE: OCTOBER 15, 1999 Due to the resignation of William Griffin, there is a vacancy on the Historic Preservation Board for an unexpired term ending August 31, 2000. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. In addition, the City Commission shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, planning, archaeology, or other historic preservation related fields such as design, urban planning, American studies, American civilization or cultural geography, provided there are applicants available. Laypersons of knowledge, experience and judgment having an interest in historic preservation should compose the balance of the membership. Further, preference should be given to professional and lay people who own property within historic districts or whose property is listed in the Local Register of Historic Places. The list of applicants is attached for review. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Wright (Seat #3). Recommend appointment of a member to the Historic Preservation Board to fill an unexpired term ending August 31, 2000. Appointment to the Historic Preservation Board City Commission Regular Meeting of October 19, 1999 The following individuals have submitted applications for consideration: Owns property within a historic district: Cecil A. Jamison, Jr. Frank A. Rozzo Other applicants: Bonnie (La Vonne) Ansbacher (Interior Design) Dave J. Bodker (Landscape Architect) Gloria Elliott Joe Farkas Ruth Hauser (Degree in Geography/Land Use Planning) Richard J. Mullen Rhonda P. Sexton (Interior Design - also applied for SPRAB) Jeffrey Silberstein (Architect - also applied for Planning & Zoning) Timm R. Sweeney (Andover Homeowners Association) s/cit yclerk/board comraission memo. HPB. I 0.19.99 15:52 FAX $§1 243 ~774 CITY ' BOARD MEMBER APPLICATION Please type or print the following information: Il. L~t Name:: Name Middle I~ifial 3. Legal 'Residence CiW. Sate Zip Code 4. Pr[ncipsl Bus[ness Address: ....... C{~ ...... State Zip Code 5. Home Phone: (;~/) ?. LisLall CiW Boards on which you are cu~ently se~ing or have previously se~ed: (Please include dates) -8~ Educational ~lu~lificatiOris: List any related profe~;siona'l certifications and licenses which you hold: 10. Give ),our present, or most recent employer, a'r~d position: Il. Describe experiences, skills or knowledge 'wh]i:ti'qualify you to serve on this board: (Please attach a 'bri'ef resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement otr material facts contained in this application may cause forfeiture upon my part ]8~' ~ JUL 1% 1999 ~ . . . _ CITY CLERK . rem~n on glo ~ ~c C~ Clerk' ' " . . ~. ,~o~,,,a..r~wm ~c ' . .', ' - s dave bodker lancl,~cape architecture/planning inc. 75 n.e. sixth ,~venue. suite 211~ Clelray beach, floricla 33483 COMPANY BIOGRAPHY Dave Bodker Landscape Architecture/Planning Inc., established in 1988, is a firm that offers a full scope of services, from conceptual design and planning through construction and installation. We take a personalized and detailed approach to every project to insure the quality of the final product and to meet the client's needs in terms of budget and scheduling. Our Scope of Projects includes single family residential, multi-family residential, commercial projects (restaurants, shopping centers, office complexes}, public and semi-public facilities (churches, schools, utility complexes, parks), and industrial facilities. With the majority of our projects located in South Florida, the firm has been involved in projects in St Croix, U.S. Virgin Islands, Lafayette, Indiana, and Annapolis, Maryland. Dave Bodker Landscape Architecture/Planning, Inc. has been the recipient of the Prism Award, FAME Awards and Aurora Awards for landscape design. Prior to establishing Dave Bodker Landscape Architecture/Planning Inc., Mr. Bodker had 11 years of professional landscape architectural experience. He is a member of the American Society of Landscape Architects and is a registered Landscape Architect. Mr. Bodker graduated from Louisiana State University in 1979. To: David T. Harden,~M~ager From: Joseph M. SaUce Director Date: October 15, 1999 Subject: Group Life Insurance Renewal Rates Attached is a worksheet prepared by The Gehring Group, our Agent of Record, concerning the renewal rates quoted for our group life insurance plan. Our current carrier~ MetLife is requesting a 53% rate increase due to claims experience, especially from the retiree ranks. Due to this proposed rate increase, we directed our Agent of Record to enter the market and request additional quotations. It should be noted at the outset that the City of Delray Beach is one of only a few municipalities that has chosen to allow its' retirees to have life insurance and pay at the normal group rate paid for active employees. Secondly, it should be noted that several insurers would not provide quotes to the City because of our coverage of retirees. An evaluation of the proposed rates is attached. It appears that the best overall package for all parties would be Standard Insurance Option 2 which actually records a reduction in active employee cost and an increase in retiree costs because they would be placed in a separate class. This means that the loss experience of the retirees would not reflect on the active group insured class. This would appear to be a fair alternative in that retirees would still receive a very good rate per year for life insurance and still not be subject to any physicals or other requirements. We would request that the City Commission review this material and provide their input on this evaluation. The effective date of the new rates is November 1~t. TOTAL P.02 Agenda Item No.: AGENDA REQUEST Date: Request to be placed on: ? Regular Agenda Special Agenda Workshop Agenda Description of agenda item (who, what, where, how much)~: ORDINANCE/ RESOLUTION REQUIRED: yES~ Draft Attached: YES/NO Recommendation: Department Head Signature: Determination of Consistencywith~ ':omprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~E~ NO ~ Funding alternative~----' (if applicable) Account No. & Description: ~} ~~--'~51 --~-'. ~ Account Balance: ? City Manager Review: Approved for agenda:------~ES~ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved [ITY OF DELRI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE ~00 ~ ~ ^,~,~. ~.^¥.~^~...~o~,~^ ~.4. T~ON~ ~]/~43-?~9~ · F~C~I~I~ ~6~/~?~-4755 Writer's Direct Line: (561) 243-7~ DELRAY BEACH llI.Amdca C~ ~MO~~ o to er, ,1999 ~ 993 TO: Ci~ Co~ission Jay T. Jmbeck, Assistant City Attomey~ FROM: / SUBJECT: Se~lemem offer for Willie Godbee, et al]v. Ci~. The City has received settlemem offers in the case of Willie Godbee and Tiffany Laster versus ~e Ci~. This action arose out of an automobile accident occurring on September 21, 1995 where a foyer Ci~ employee allegedly backed a utility track into · e automob~e occupied by Plaintiffs. Plaintiff Godbee is alleging injuries to his ~ee and lower back. Plaintiff Laster is alleging injuries to her lower back aM head. The settlement offer presemed by Plaintiffs' attorney is $85,000 inclusive of fees and costs for Willie Godbee and $10,000 inclusive of fees and costs for Tiffany Laster. At this time, the City Attorney's office recommends rejecting the settlement offers. If you have any questions, please do not hesitate to contact me. Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk [ITY OF OELRfl¥ BEI1[H CiTY ATTORNEY'S OFFICE ~00 Nw ].st AVENUE. D~LRA¥ BE^C~, FLORID^ 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DFLRAY BFACH Writer's Direct Line: 561/243-7091 Ali.America City MEMORANDUM 1993 TO: City Commission ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Offer of Judgment/Daidola v. City of Delra¥ Beach Our office has received an Offer of Judgment in the case of Barbara Daidola v. City of Delray Beach in the amount of $5,000.00. Ms. Daidola filed suit as a result of a bicycle accident that occurred on April 20, 1996. The Plaintiff broke her left wrist and left ankle in the accident. Her medical bills total approximately $8,500.00. The Plaintiff previously filed an Offer of Judgment in this case for the amount of $9,999.00. That Offer of Judgment was rejected by the Commission at its October 5, 1999 meeting. By copy of this memo to David Harden, City Manager, our Office requests that this matter be placed on the October 19, 1999 City Commission agenda. Please call if you have any questions. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - OCTOBER 19, 1999 - 6:00 P.M. COMMISSION CHAMBERS Ag VDA ADD VDIIM THE REGULAR MEETING AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9.I. RESOLUTION NO. 66-99: A resolution supporting Old School Square, in partnership .4th the Community Redevelopment Agency and Pineapple Grove Mare Street, in their application for the Great American Main Street Award. S/City Clerk/Addendum. October 19, 1999 Regular Meeting MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fff~ SUBJECT: AGENDA ITEM # - REGULAR MEETING OF OCTOBER 19, 1999 RESOLUTION NO. 66-99 (GREAT AMERICAN MAIN STREET AWARD) DATE: OCTOBER 19, 1999 This is before the City Commission to consider approval of a resolution in support of an application by Old School Square, in partnership with the Community Redevelopment Agency and Pineapple Grove Main Street, for the Great American Mare Street Award. We received this request late yesterday afternoon. As part of the application for the award, a resolution of support from the local governing body is required. Approval is needed at tonight's meeting in order for Old School Square to meet the application deadline. I expect Mr. Gillie to be present at the meeting to answer any questions. Recommend approval of Resolution No. 66-99 in support of the Great American Mare Street Award application. Ref:Agmemol 0.Res66-99.Great American Main Street Award RESOLUTION NO. 66-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, SUPPORTING OLD SCHOOL SQUARE, IN PARTNERSHIP WITH THE COMMUNITY REDEVELOPMENT AGENCY AND PINEAPPLE GROVE MAIN STREET, IN THEIR APPLICATION FOR THE GREAT AMERICAN MAIN STREET AWARD. WHEREAS, the City Commission recognizes that the economic health and cultural vibrancy of downtown Delray Beach is crucial to the overall well-being of the City of Delray Beach; and WHEREAS, the City Commission wholeheartedly supports the revitalization of the downtown and the efforts undertaken to encourage private investment and sustainability of the improvements through creative techniques; and WHEREAS, the City Commission has demonstrated a strong commitment to assisting in and ensuring the success of downtown Delray Beach by active participation in such efforts as the revolving loan program, the business incubator program and the creation of multiple public/private partnerships, as well as financial support of revitalization efforts; and WHEREAS, the City Commission of the City of Delray Beach recognizes that downtown revitalization efforts in the Central Business District are representative of true partnerships supported by the City, local businesses and the community at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, fully ·. supports this entry into the Great American Main Street Award competition. PASSED AND ADOPTED in regular session on this the 19~ day of October, 1999. AT-I-~EST: ~ City C~rk ~ SCHOOL ..~OUAP. E PA,.~E 02 c u L T u I · L &IT) Octobor 18, ! 999 Mr. David Harden City M~nagcr City of Dclray Beach 1 O0 N.W. 1" Ave. D¢lray Beach, FL $34,M Dear Mr. Harden: Old School Square, in pannership with thc CRA and Pineapple Grove Main Stree% respectfully requests a Proclamation w bt include, d with the Crrea~ American Main Street Award applicalion. The Great Amcr/can Main Street Award is ~/ven annually to/~v¢ commtmidcs in recognition of their dowmown revitalization cfi'ohs. Along wi~h a plaque and signage, there is a cash award of $2500 for the commtmity w continue its redevelopment proEram. Thank you for parmcr/nE with us to prescn! this application. Sincercl~ School $qu~re, Inc. N~r~ $w~ton D~my B~ch, Flortd~ 33444 (M 1) 243-7922 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM #//D. ~. - REGULAR MEETING OF OCTOBER 19, 1999 ORDINANCE NO. 37-99 {PARKING REQUIREMENTS FOR RESIDENTIAL USES IN THE CENTRAL BUSINESS DISTRICT) DATE: OCTOBER 15, 1999 This is second reading and a public hearing for Ordinance No. 37-99 which amends LDR Section 4.4.13(G)(1) by reducing the parking requirements for residential units in the Central Business District. Currently the parking requirements for residential development downtown are the same as in other areas of the city. Staff believes that these requirements are too high for downtown dwelling units which are close to public parking and which tend to be occupied less by families than by singles or couples, many of whom prefer a downtown setting in order to be less auto-dependant. An earlier amendment which would have reduced the parking requirements for downtown residential units was rejected by the City Commission in July of this year. Although the Commission was generally in favor of reducing the parking requirements, it was opposed to the methodology used (i.e. elimination of guest parking requirements). Staff reviewed several alternative approaches with the Parking Management Advisory Board at its August meeting. The Board's recommendation has been incorporated into this amendment which reduces the parking requirements by 0.25 spaces per umt for one or more bedroom units, and retains the current guest parking requirements. The proposed amendment was reviewed by the Planning and Zoning Board on September 27, 1999. The Board recommended approval of the proposed amendment by a vote of 6 to 0 (Morris abstaining). The Parking Management Advisory Board, Community Redevelopment Agency and Downtown Development Authority all recommended approval of the proposed amendment. At first .reading on October 5, 1999, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 37-99 on second and final reading. Ref:Agmemo14.Ord.37-99.Parking for Residential Uses in the CBD ORDINANCE NO. 37-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.4.13, ~CENTRAL BUSINESS (CBD) DISTRICT~, SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SUBPARAGRAPH 4.4.13(G) (1), "PARKING", TO PROVIDE FOR PARKING REQUIREMENTS FOR RESIDENTIAL UNITS IN MULTI-FAMILY STRUCTURES AND MIXED USE BUILDINGS WITHIN THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the parking requirements for residential development downtown are currently the same as other areas of the City; and WHEREAS, downtown dwelling units tend to be occupied less by families than by singles or couples and are close to public parking; and WHEREAS, the Parking Management Advisory Board has reviewed this proposal and recomraended reducing the parking requirement by 0.25 spaces per unit for one or more bedroom units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), ~Supplemental District Regulations", Subparagraph 4.4.13(G) (1), ~Parkin~', of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (1) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and S.E. 1St Street on the south, parking requirements shall apply to new floor area only. Changes in use (both residential and non-residential) shall not be required to provide on-site parking. The parking required for the creation of new non-residential floor area shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD zone .district, the provisions of Section 4.6.9{C) shall apply, as further modified within this Subsection (G) (1). (b) After January 1, 1994, when the parking requirements are applied to either new development or a change in use, said parking requirements shall be reduced by one parking space. This reduction may only occur once. (c) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Subsection 4.6.9(E) (4), the in-lieu fee option provided in Section 4.6.9(E) (3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area. - 2 - Ord. No. 37-99 (e) The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: · Efficiency dwelling unit 1.0 space/unit · One bedroom dwelling unit 1.25 spaces/unit · Two or more bedroom d.u. 1.75 spaces/unit ·Guest parking shall be provided Cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit 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. 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 19th day of October , 1999. ATTEST: ~MA~ ~City C~erk ---! First Reading October 5, 1999 Second Reading October 19, 1999 - 3 - Ord. No. 37-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~t/~.gS. - REGULAR MEETING OF OCTOBER 19, 1999 ORDINANCE NO. 39-99 (COMPENSATION OF MAYOR AND COMMISSIONERS) DATE: OCTOBER 14, 1999 This is second reading and a public hearing for Ordinance No. 39-99 which amends Chapter 31, "City Officials and Employees", Subheading "General Provisions", Section 31.02, "Compensation of Commissioners and Mayor", of the City Code to provide for adjustments to compensation each year in a manner commensurate with increases in compensation to general city employees. Charter Section 3.02 provides that the annual salary of the Mayor and Commissioners may be determined by the City Commission by ordinance, but any increase shall be effective on the date of the commencement of the terms of the Commissioners or Mayor as a result of the next election, provided that such election follows the adoption of the ordinance by at least six months. The actual compensation is provided for at Section 31.02 of the City Code. Ordinance No. 39-99 provides for adjustments to the compensation of the Mayor and Commissioners based on the average salary adjustment budgeted for general city employees. The salary adjustment shall be made each March, on a compounded basis, for all Commissioners and the Mayor. The adjusted salary shall be paid starting on the date Commissioners and the Mayor assume office each March, commencing in 2001. At first reading on October 5, 1999, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 39-99 on second and final reading. RefiAgmemol 5.Ord.39-99.Compensation of Mayor & Commissioners ORDINANCE NO. 39-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, ~ADMINISTRATION", CHAPTER 31, "CITY OFFICIALS AND EMPLOYEES", SUBHEADING "GENERAL PROVISIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 31.02, ~COMPENSATION OF COMMISSIONERS AND MAYOR", TO PROVIDE FOR ADJUSTMENTS TO COMPENSATION EACH YEAR IN A MANNER COMMENSURATE WITH INCREASES IN COMPENSATION TO GENERAL CITY EMPLOYEES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Delray Beach, Florida, provides for the fixing of compensation of the Mayor and City Commissioners by Ordinance; and WHEREAS, the compensation of the Mayor and City Commissioners is fixed by ordinance; and WHEREAS, the City Commission desires to provide that the compensation of the Mayor and Commissioners be adjusted annually in a manner commensurate with general City employees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 31, "City Officials and Employees", Subheading ~General Provisions", of the Code of Ordinances of the City of Delray ..Beach, Florida, is hereby amended by amending Section 31.02, ~Compensation of Commissioners and Mayor", to read as follows: Section 31.02 COMPENSATION OF COMMISSIONERS AND M]%YOR. Each Commissioner, during the term of his or her office, shall receive compensation in the amount of $400.00 per month. The Mayor, during his or her term of office, shall receive compensation in the amount of $500 per month. However, +~-~ ...................... ~ ~+"~ ~^~~ ~.~ .......... ~-~ ~ +~ ~+ ^~-~"~ incrcases effective in March 2001 and annually thereafter, the compensation shall be a usted annual to ~h su .......... ~v,,~,,v~ cost-c~-~''~~ ~ inorcascs, based on the average budgeted salary adjustment, if any, -^ '~^~ "~ p.~v~ to budgeted for the City's general employees, at icct~^~ payable to all Commissioners and the Mayor beginning in March of each year on the date of the assumption to office of the Mayor and Commissioners. The Mayor and Commissioners elected thereafter shall receive the compounded compensation monthly. 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 for the Mayor and City Commissioners who are holding office on the last Thursday in March, 2001. PASSED AND ADOPTED in regular session on second and final reading on this the 19th day of October , ..1999. '~4 ~ ~/M~ 0 R ATTEST: Cit~ Clerk~ ~ First Reading October 5, 1999 October 19, 1999 Second Reading 2 Ord. No. 39-99 TO: DAVID T HARDEN, CITY MANAGER ~ THRU: DIAN~ DOMINOUEZ, DIRECTOR OF FROM: PAUL DORLING, PR~ClPAL PLANNER SUBJECT: MEETING OF OCTOBER 19, 1999 ** PUBLIC HEARING ** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 99-1 Comprehensive Plan Amendment 99-1 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on April 20, 1999. This meeting was also the first reading of the Adoption Ordinance (No. 14-99). DCA staff reviewed the amendment and issued their Objections, Recommendations, and Comments (ORC) Report on August 5, 1999. The attached Planning and Zoning Board staff report contains a description of each of the objections and the recommended response. The amendment that was originally before the Commission in April has been revised to incorporate the changes suggested by DCA, and recommendations made by the Planning and Zoning Board. PLANN NG AND ZONING BOARD CONSIDERATION !:, i The Planning and Zoning Board considered the ORC report at a public hearing on September 27, 1999. CRA Director Chris Brown spoke regarding the proposed changes being made in response to the ORC, establishing a percentage mix of commercial and residential uses in the West Atlantic Redevelopment Area Overlay. In response to his comments and the recommendation of the CRA Board, the Planning and Zoning Board recommended that residential uses be allowed to comprise up to 50% of the floor area within the West Atlantic Avenue Overlay, and up to 15% throughout the balance of the GC-zoned areas of the City. The Planning and Zoning Board recommended adoption of the amendment, with the residential percentage change, on a unanimous 7-0 vote. By motion, approve on second and final reading Comprehensive Plan Amendment 99-1 (Ordinance 14-99) with the proposed changes to address the ORC report. Attachments: · Ordinance 14-99 · Summary of Items Contained Within Comp Plan Amendment 99-1 · Objections, Comments and Recommendations (ORC) Report · P & Z Board Staff Report (Response to ORC Report) · Comprehensive Plan Amendment 99-1 Support Documentation S:~adv\comp\991 CC3 ORDINANCE NO. 14-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 99-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; AIJ. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 99-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Dekay Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, v/a Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 99-1 "; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public heating on March 15, 1999, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public heating, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 99-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 99-1 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 99-1 was held by the City Commission on April 20, 1999, at which time it was authorized to be transmitted to the Depa~unent of Community Affairs for required review; and WHEREAS, a report of Objections, Recommendations and Comments (ORC) has been received from the State Department of Community Affairs and said report has been reviewed by the Planning and Zoning Board, as Local Planning Agency; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 99-1 was held on October 19, 1999, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 99-1 ", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 99-1" Section 4. That should any section or provision of this ordinance or any porfon 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 all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S., or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the 19~h day of October, 1999. ATTEST: City Ci ;k! First Reading i~pr±l 20, 1999 {Transmittal Second Reading Octobor 19, 1999 {i~doption -2- Ord. No. 14-99 A summary of the items included in the Plan Amendment 99-1 are listed below: Future Land Use Map amendments including: · City initiated Future Land Use Map amendment for the Delray Oaks Preserve from Transitional to Open Space-Conservation. · City initiated Future Land Use Map amendment for the Delray's Lost Drive-In to eliminate the Large Scale Mixed Use overlay. Future Land Use Element · Modification of Future Land Use Element Policy C-2.1 regarding designated redevelopment areas, to delete the requirement that a Redevelopment Plan be adopted prior to the expenditure of public funds for infrastructure. · Modification of the General Commercial Future Land Use Map (FLUM) description to eliminate a prohibition of residential uses unless they are in conjunction with commercial uses, to establish allowable densities in this FLUM category, and establishing a maximum floor area ratio for non- residential uses. · Addition of Policy A-5.6 that calls for an LDR amendment to the GC zoning district to allow increased multiple family densities over 12 units per acre but not to exceed 85 units per acre as a Conditional Use in the West Atlantic Avenue Overlay District. · Modification of the Conservation land use description to correct the land use designation to indicate Open Space -Conservation versus the current Recreation and Open Space and add a reference to specific policies for appropriate intensities of development. · Elimination of the Large Scale Mixed Use description. · Modification of Table L-7 to eliminate the Large Scale Mixed Use category. · Modification of Future Land Use Element Policy A-1.7 to allow the requirement for data and analysis in support of land use amendments to be waived if associated with annexation. Capita,! Improvement Element · The Five-Year Schedule of Capital Improvements (Table Cl-ClP), which is modified to reflect changes associated with the adopted 1999/00 Capital Improvement budget. Housing Element · Modification of Housing Policy A-12.4 relating to adoption of LDR regulations to limit the size and scale of new homes. 'Conservation Element · Modification of the Needs and Recommendation section of the Conservation Element removing the reference to establishment of an interpretive trail at the Leon Weekes Environmental Preserve as the policy has been accomplished. · Eliminate Policy B-1.3 that refers to development of Leon Weekes interpretive trail. Transportation Element · Modification of Table T-1 to reflect reduced lanes (3 to 2) for Federal Highway pairs between SE 10th Street and George Bush Boulevard to be consistent with the 2020 Transportation Plan adopted by the MPO (Metropolitan Planning Organization). · Modification of Maps #20 and #21 to note 2 lane one-way for Federal Highway pairs from SE 10th Street to George Bush Boulevard. · Amendment to Objective A-4 to reflect Table T-1 versus Table T-4. OBJECTIONS, RECOMMENDATIONS AND COMMENTS CITY OF DELR_a,Y BEACH PROPOSED AMENDMENT 99-1 CONSISTENC~ x, VITH RULE CHAPTERS 9J-5 AND 9J-I 1. F..4.C., AND CHAPTER 163. F.S. The following objections and comments are raised for proposed Amendment Package DCA #99- 1 text changes to the Future Land Use Element and Future Land Use Map (FLUM). I. TEXT AM~ENDMENTS-Ordinance 14-99 ORC Objection(s): Future Land Use Element O:' ORC':°biee~ion: Densities and Intensities of Use-New Policy .4.-5.6 and the. General ' ~on~anercial land use categorY-being amended and as established tkrough Policy A-1.1, which establishes the City's land use classifications, do_not c~.nt~a',~ufficient density and intensi_ty stand~-~d~?'FbY'i~}~i'~u~"~$~~i~-~d ~o'~; r;sidential compone~t'C}~the General Commercial cate??~:.: Also, ~here are no.standards~whieh;~stabhsh'~the' mtens~¢.bf-, bse - ~ _~ ~-~'~.;~_~.~_:~-~:';~-.~"~.z~ ::.o~.-:-?-~,:~'~-~-' ~;':~'*-' "-'~ '-" ..... ;'~: ' " 2 .... :'~-' : ': f6~-,th~~r~3mponent;o~¢9;aCg.0~..:,:...Without thesodematy and ~ntens~ty standards, the maximum impact'ofa plan ~endment cannot be determined. These standards are not P~an. [Section 163.3177(6)(a), F.S., and Rule 9J-5.006(3)(e)7, FA. C.l Recommendation: Revise Policies A-1.1. and .A-5.6, or include in the adopted General Commercial land use category, .an upper limit for residential densiW that is established in the,' Pla..__n. This upper densi~' limitation should be established as part of the plan and not through' Conditional Uses or through the LDRs. Also, establish intensities of use for the non-residential com!>onent or commercial uses. Possible standards for non-residential standards include floor area ratios, impervious surface ratios (based on square feet per acre), or maximum lot coverage, in combination wSth building height and types of uses allowed. Delete any references to zoning categories, and, based on relevant data and analysis, establish standards for densities and intensities for the General Commercial land use categow. 1oO..RC Ob}ection.." m~d Us~e. StandardsyT.heGeneral Q.ommerc.ial land Use sa!ego~: by wing two simulfane0us Uses, residential and commercial; comprises a mixedhse district. The polic~- d°~s ~0~"~S.b...tl~_ ~percentagesdistr/bution among:the;mix~ofahe~twa.qases.~ Without this standard, the maximum impact of a plan amendment cannot be determined. [Section 163.317 ~71~-~F.S.' and Rule 9J-5.006(4)(c), F.A.C.I Recommendation: Determine or establish, based on telerate, t data and analysis, a percentage ORC REPORT--DELR&Y BEACH 99-1 diatribution among the mix of uses or other objective measurment of how much of each land use will be allowed within the General Commercial land use district. . ' 0RC~ 0bjeCti0ni Densities and Intensities of Use-The modifications to the FLUM /'-~gory, Other,~ixed'lJi-~i'i~' ~e?~ie~ced b'~' Polic~'A} 1. u.which.'~Stablishes ~e Ciw's l~d use ~1~'i~(~7 ~i.7~5,~ni~.~f~y..4~_~.i, ~d Ntensiv st~d~ds> For inst~ce, there ~e no upper.. .~-~-°r 10wer..~de~ities~mblished_.. ..... . .... fon.~e.residential ~e 'of the Mixed Use disffict;.--~ere are .. · ...... 7~i~... ....... ~ ................... ~.s_9.~..~!~d.~,wNch e~~:m~ns s'o~6~6n-~dmu~esmt.~weflnn.'the- cM~~C~tggo~_ ~ese st~d~ds ~e not o~e~ise-fo~d-in ~y~ther policy in the PI~. Wi~gk~.~y..sm~ds, ~e m~imm impact of a Plan mendment cabot be dete~ined. [Section 163.3177(6)(a), F.&, and Rule 9J-5.006(3)(c)7, F.A.C] Recommendation: Revise Policies A-1.1., or include in the adopted Mixed Use FLUM cmegoo', an upper ~d lower limit for residential densi~, that is established in the PI~. Also, establish intensities of use for the non-residential uses of the Mixed Use. Densities should be based on the D'pe of residence units pe~itted .~d be in te~s of dwelling ~its per acre. Possible standards for non-residential st~dads include floor area ratios, impen,ious surface ratios (based on square feet per acre), or maximum lot coverage, in combination wi~ building height and D'pes of uses allowed. Also, delete ~y references to zoning categories.' ~d, based on relevam data and analysis, establish standards for densities ~d intensities for the Mixed Use land use categou' within the comprehensive plan. These st~d~ds, once developed and established by policy, would pe~ir ~ ~alysis of the maximum impact of the developmem being proposed. ~' ORC Obiection: ~Ned Use Standards-~e new Mked Useq~d use catego~ does ~t. /~gm~n a percentage &smbunon mong.~e.mx oro~erobjeenve me~u~mem of~e Wpes l~d ~e allowed. ~e e~ent of each l~d use categow c~ot be dete~ned whmh doemm allow ~e maimm i¢~act of a pl~ ~men~ent c~ot be dete~ined. [Section. 163.3177(6)(a), F.~2i and Rule 9J->.006(4)(e), F¢.C] . ReCommendation: Dete~ine or establish, b~ed on relev~t data ~d ~alysis, a percentage dis=ibution, or o~er objective meas~ement of how much of each l~d use will be allo~ved within ~e Mixed Use l~d use categow. O~.' Ob} 8Cfi'on: Intensities of ~em°~ficatio~Io..~e, FL~ ~te~0~, Conse~ation L~d Use ~d Open Space-C6~eNat~on;~-~eferenced by l~d.}~sEg!~?{i_ficafions, do not con~ ~y NtensiW smd~ds. ~e~e .Nt~ns!W stud=ds ~e not · at may ~e place M~ ~e Conse~ation L~d Use ~d Open Space-Conse~ation categories, · e CiW c~ot be ~s~ed ~at ~e.stmed p~oses.of~es~ ~o disfficts will be achieved. ORC REPORT--DELR.AY BEACH 99-1 Recommendation: Revise Policies A-1.1., or include in the adopted Conservation Land Use and Open Space-Conservation FLUM categories, intensities of use for the non-residential uses for these districts and which is contained within the Plan. Possible standards for non-residential standards might include floor area ratios, impervious surface ratios (based on square feet per acre), or maximum lot coverage, in combination with building height and D'pes of uses allowed. 0' of Data and Analysis-The modification of Policy A-1.7 which ORC Objection: Lack Uld 'al16~ tho ~,,aiving of required data ~l'~7~il~,~{s'{'65'~'i~c~'l~r"c;~5~s-e'd'F-LoM-~-h~hdments reg'ii/3i-~k'~aTn~e"d'~are~'-~'~ i~i~'~fi~4)'i~-statut°ry and rhle requirements for plan amendments. ~lah' amendments are requir&d to be supporte~d_.b.-y.,7~'d, mtist contain appropriat~ d'ata'and analysis. [S~c.tmn !63..3.177(6)(a), F.S., and Rule 9J-5.00>(2) and 9J-5.006(3)(d).3, F.;4. C.I~'' Recommendation: Leave Policy A.-1.7 as it is. It addresses the statutory and rule requiremehts. The CiD' cannot waive the mandatory requirement for data and analyses that support the proposed amendment and which must be submitted with every plan amendment, whether text or FLUM change. No objections were raised, except as provided above, regarding the balance of text amendments regarding the Future Land Use Element, the Capital Improvements Element, the Housing Element, the Conse~'ation Element, and the Transportation Element. Also, no objections were raised regard the two Future Land Use Map Amendments. IlL CONSISTENCY ~'ITH THE STATE COMPREHENSIVE PLAN The proposed amendment does not adequately address and does not further the goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes, including the following provisions (Rule 9J-5.021, F.A.C.): ! a):~Goal 16 (Land ' . . Use);.Ppl.~.c~es 1, o, and 6. · b)"O6'al' i 8 (Publi6 Facilities), Policies 1 and 3. Recommendation: Revise the proposed amendment to be consistent with and further the above referenced goals and policies of the State Comprehensive Plan as recommended elsewhere in this report. MEETING OF: SEPTEMBER 27, 1999 AGENDA ITEM: IV.B: CONSIDERATION OF THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT REGARDING COMPREHENSIVE PLAN AMENDMENT 99-1 The item before the Board is that of forwarding a recommendation to City Commission regarding the ORC report from the State Department of Community Affairs (DCA)addressing Comprehensive Plan Amendment 99-1. · Comprehensive Plan Amendment 99-1 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on April 20, 1999. This meeting was also the first reading of the Adoption Ordinance (No. 14-99). The items which are included in the Plan Amendment are summarized below and include two amendments to the Future Land Use Map and several text changes and modifications to exhibits (maps and tables). Full analysis of each of the following items is contained in the attached Comprehensive Plan amendment, excluding the changes to the "Other Mixed Use" designation. Based upon the ORC, staff is recommending that those changes not be adopted at this time. Future Land Use Map amendments including: · City initiated Future Land Use Map amendment for the Delray Oaks Preserve from Transitional to Open Space-Conservation. · City initiated Future Land Use Map amendment for the Delray's Lost Drive-In to eliminate the Large Scale Mixed Use overlay. Text amendments including: Future Land Use Element · Modification of Future Land Use Element Policy C-2.1 regarding designated redevelopment areas, to delete the requirement that a Redevelopment Plan be adopted prior to the expenditure of public funds for infrastructure. · Modifying the General Commercial land use description to eliminate a prohibition of residential uses unless they are in conjunction with commercial uses, and to allow increased densities for the West Atlantic Avenue Redevelopment Area. · Modification of the Conservation land use description to correct the land use designation to indicate "Open Space -Conservation" versus the current "Recreation and Open Space." · Elimination of the Large Scale Mixed Use description. P&Z Board staff report IV.B, Consideration of ORC Report 99-1 Page 2 · Modification of the "Other Mixed-Use" category to better reflect the Old School Square Historic Arts Zoning District (deleted in response to the ORC). · Modification of Table L-7 to eliminate the Large Scale Mixed Use category. · Modification of Future Land Use Element Policy A-1.7 to allow the requirement for data and analysis in support of land use amendments to be waived if associated with annexation. Capital Improvement Element · The Five-Year Schedule of Capital Improvements (Table CI-CIP), which is modified to reflect changes associated with the adopted 1999/00 Capital Improvement budget. Housing Element · Modification of Housing Policy A-12.4 relating to adoption of LDR regulations to limit the size and scale of new homes. Conservation Element · Modification of the Needs and Recommendation section of the Conservation Element removing the reference to establishment of an interpretive trail at the Leon Weekes Environmental Preserve as the policy has been accomplished. · Eliminate Policy B-1,3 that refers to development of Leon Weekes interpretive trail. Transportation Element · Modification of Table T-1 to reflect reduced lanes (3 to 2) for Federal Highway pairs between SE 10th Street and George Bush Boulevard to be consistent with the 2020 Transportation Plan adopted by the MPO (Metropolitan Planning Organization). · Modification of Maps #20 and #21 to note 2 lane one-way for Federal Highway pairs from SE 10th Street to George Bush Boulevard. · Amendment to Objective A-4 to reflect Table T-1 versus Table T-4. DCA staff reviewed the amendment and issued attached Objections, Recommendations, and Comments (ORC) Report on August 5, 1999. The ORC report contains several objections, most of which deal with a need to specify densities and intensity levels for land use categories contained within the Plan. Pursuant to statutory requirements, the City has 60 days fromreceipt of the report in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. Planning and Zoning staff has reviewed the objections, and has had several phone conversations with the staff of DCA to discuss how each might be addressed. It is noted that many of the objections relate to aspects of the Plan that were previously acceptable to DCA, even through the Evaluation and Appraisal Report (EAR) process, and that were not being changed with this amendment. In other words, DCA has broadened the scope of its review beyond the actual amendment language. While this may not seem appropriate, there does not appear to be much choice in the matter if the amendments are to be processed. P&Z Board staff report IV.B. Consideration of ORC Report 99-1 Page 3 The following is a description of each cf the objections and the recommended response. Future Land Use Element ORC Objection: Densities and Intensities of Use - New Policy A-5.6 and the General Commercial/and use category being amended and as established through Po/icy A-1.1, which establishes the City's /and use classifications, do not contain sufficient density and intensity standards. For instance, there is no upper density established for the residential component of the Genera/Commeroial category. A/so, there are no standards that establish the intensity of use for the commercial category. Without these density and intensity standards, the maximum impact of a p/an amendment cannot be determined. These standards are not otherwise found in any other po/icy in the P/an. Response: The General Commercial land use description that is contained in the current Comprehensive Plan is largely unchanged since 1989. It does not now (nor has it ever) specify densities and intensities, in terms of units per acre, floor area ratios, etc. It states that residential uses are permitted only in conjunction with a commercial use, but does not specify a density limit. It is noted that the General Commercial zoning district itself, which is most frequently applied to land having a GC land use, allows stand-alone residential as a conditional use, pursuant to the RM (Medium Density) zoning standards (maximum 12 units per acre). The purpose of amending the GC land use description was to a) correct the inconsistency between the land use and zoning descriptions regarding stand-alone residential uses, and b) establish the maximum allowable density. The original amendment language would have limited the density to 12 units per acre. During the processing of the amendment, the Community Redevelopment Agency (CRA) requested that a greater density be permitted within the West Atlantic Avenue Redevelopment Area, via the Conditional Use process and subject to the same performance standards that apply in the Central Business District. At the March P & Z transmittal hearing for the amendment, CRA Director Chris Brown, West Atlantic Avenue Coordinator John Patterson, and West Atlantic business owners Clay Wideman and Lamar Shuler spoke in favor of allowing the additional density. The Board discussed whether or not a maximum unit-per-acre should be specified, but after some discussion it was determined that the ultimate density would be limited by such development standards as maximum building height and coverage, setbacks, minimum dwelling unit sizes, and parking requirements. The amendment was transmitted as attached, with a density of up to 12 units per acre for all of the GC areas except the West Atlantic Avenue overlay, where there would be no specified units per acre maximum. DCA is now requesting that a maximum dwelling unit/acre be specified for West Atlantic. Further, they are asking for maximum intensity standards for nonresidential floor area as well, for all areas having a GC land use, even though the amendment was not addressing nonresidential uses. In order to satisfy their request, staff is proposing that the language be amended to add a maximum density of 85 units per acre for the West Atlantic Avenue Redevelopment Area. This maximum is theoretically possible under the GC zoning district development standards, given the 75% maximum lot coverage and 4 stow height limit (32,670 sq.ft. / 1,540 x 4 stories = 85 units per acre). The 32,670 sq.ft.represents 75% of an acre while the 1,540 sq.ft, per unit assumes a 1,000 sq.ft, unit and 540 sq. ft. for parking (2 spaces + one half drive aisle). It is noted that achieving densities of this magnitude are very unlikely given the required performance standards, and other requirements in the LDR's. To address the lack of intensity standards for commercial uses it is recommended that a maximum Floor Area Ratio (FAR) of 3.0 be added to the amendment language. This maximum is also theoretically possible under the GC zoning distdct regulations, given the 75% maximum lot coverage and 4- stow height limit. P&Z Board staff report IV.B. Consideration of ORC Report 99-1 Page 4 ORC Objection: Mixed Use Standards - The Genera/ Commercial land use category by allowing two simultaneous uses, residen~a/ and commercial, comprises a mixed use district. The po/icy does not establish the percentage distribution among the mix of the two uses. Without this standard, the maximum impa.:t of a plan amendment cannot be determined. Response: Areas of the City that are designated General Commercial are overwhelmingly developed for commercial purposes. However, the ability does exist to include residential uses. As with the density/intensity standards, ~e land use description in the Comp Plan has never stated a percentage mix, and this is the first time DCA has stated that such language is necessary. In order to preserve maximum flexibility under a Mixed-Use scenario, additional language will be added to the proposed General Commercial land use description to allow between a 0% to 15% residential component within the overall district. Thus, individual developments will not be required to provide a mix, rather, the percentage will apply Citywide for all property having a GC FLUM designation. This will require some tracking of uses by the City on a long-term basis to ensure that the stated maximum is not exceeded. ORC Objection: Densities and Intensit~.s of Use - The modifications to the FLUM category, Other Mixed Use, as referenced by Policy A-1.1, which establishes the City's land use classifications, does not contain any den.~'y and intensity standards. For instance, there are no upper or lower densities established for the residential use of the Mixed Use category. The standards are not otherwise found in any other policy in the Plan. Without these standards, the maximum impact of a plan amendment cannot be determined. Response: The purpose of this amendment was to modify the current Mixed Use land use description to better describe the Old School Square Historic Arts District. The current description does not specify densities and intensities, but refers to the zoning district for those standards. The proposed language would have been an improvement, but again, DCA is now asking for even more specific language. At this time the City is not ready to establish residential densities and intensities for this FLUM designation. As this was more of a corrective amendment than anything, the easiest w'ay to address this objection is to not adopt the revised description. This means that the existing, poorly written description will be retained until such time that a more detailed analysis of the appropriate densities and intensities can be conducted. ORC Objection: Mixed Use Standards - The new Mixed Use land use category does not contain a percentage distribution among the mix or other objective measurement of the types of land use a/lowed. The extent of each land use category cannot be determined which does not allow the maximum impact of a plan amendment cannot be determined. Response: As noted with the previcx~s objection the City is not ready to establish the percentage of mixed-use categories in ~ OSSHAD district at this time. Therefore the revision to the Mixed-use designation should not be~ adopted at this time. ORC Objection: Intensities of Use - 'i-ne modifications to the FLUM category, Conservation Land Use and Open Space-Conservation, as referenced by Policy A-1.1, which establishes the City's land use classifications, do not contain any intensity standards. These intensity standards are not otherwise found in any other p~/icy in the Plan. Without limits on the amount of development that may take p/ace wf~in the Conservation Land Use and Open Space- Conservation categories, the City cannot be assured that the stated purposes of these two districts will be achieved. Response: This change to the Conservation Land Use descriptions identifies the appropriate land use designation for conservation parcels as "Open Space-Conservation" rather than P&Z Board staff report IV.B. Consideration of ORC Report 99-1 Page 5 "Recreation and Open Space." Again, ~is change was corrective in nature, but DCA is taking a broader approach to their review. They have, however, agreed to accept a reference in the Conservation Land Use description that will refer to policies within the Conservation Element for specifics on the appropriate intensity of development for this FLUM category. ORC Objection: Lack of Data and Analysis- The modification of Policy A-1.7 which would allow the waiving of required data and analysis to support proposed FLUM amendments regarding annexed areas is contrary to statutory and rule requirements for plan amendments. Plan amendments are required to be supported by and must contain appropriate data and analysis. Response: All land use amendments that the City transmits to DCA are supported by data and analysis, which is included in the staff ~ports. FLUM amendments for areas being annexed are no exception. The data and analysis proposed for waiver in the amendment refers to additional justification required by the City, not by the State, pursuant to Future Land Use Element Policy A. 1.7. To address the objection, further clarification has been added to clearly indicate what type of data and analysis may be waived for annexation areas. By motion, recommend that the Ch' Commission approve on second and final reading Comprehensive Plan Amendment 99-I with the proposed changes to address the ORC report. Attachments: · ORC Report and Response to ORC Report · Comprehensive Plan Amendment 99-1 S:\adv\comp\991 orcl TABLE OF CONTENTS CITY OF DELRAY BEACH Pa~e FUTURE LAND USE ELEMENT 3 Policy C-2.1 (Redevelopment Areas) 3 General Commercial Future Land Use Description 4 Conservation Future Land Use Description 4 Large Scale Mixed Use Description 5 Table L-7(Land Use Designation Matrix) 5 Policy A-1.7 (Amendments to FLUM) 6 Policy A-5.6 ( LDR amendment to the General Commercial zoning district ) AMENDMENTS TO THE FUTURE LAND USE MAP 6 Delray Oaks Preserve 7 Delray's Lost Drive-in CAPITAL IMPROVEMENT ELEMENT 7 Table CI-CIP (Five Year Capital improvement Schedule) HOUSING ELEMENT 7 Policy A-12.4 (LDR Amendments Re: Large Homes) CONSERVATION ELEMENT 8 Needs and Recommendations 9 Policy B-1.3 (Leon Weekes) Page 1 Page TRANSPORTATION ELEMENT Table T-1 (Street Network Classification) Map# 20 (2015 Operating Conditions) Map# 21 (2015 Cost Feasible Plan) Objective A-4 (Ultimate Right-of-Way needs) SUPPORT DOCUMENTS Appendix 1 Redevelopment Areas staff report 2 Mixed Use Land Use staff report 3 Five Year Schedule of Capital Improvements 4 FDOT analysis of Federal Highway 5 Table T-1 (Street Network Classifications) 6 Map Exhibit #20 (2015 Operating Conditions) 7 Map Exhibit #21 (2015 Cost Feasible Plan) 10 Density in GC Land Use category & W. Atlantic Overlay District FLUM Amendments: 8 Delray Oaks FLUM Amendment staff report 9 Delray's Lost Drive-in FLUM Amendment staff report Page 2 CITY OF DELRAY BEACH FUTURE LAND USE ELEMENT 1) Location: Pg. FL-32, Policy C-2.1, (Redevelopment Areas) Changes center on deletion of the requirement that a redevelopment plan be adopted prior to the expenditure of public funds for infrastructure. See Support Documents #1 (Redevelopment Areas memorandum staff report) for a complete discussion of this item. 2) Location: Pg. FL-42, (General Commercial Future Land Use Description) General Commercial: This designation is applied to land, which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. Residential uses, unless they are in conjunction with a commercial use, are not permissible on land shown as General Commercial on the Future Land Use Map. Change: REVISION General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. P.c=!dcr. t!a! -__.cs., ,_'.-.!~__-'__. +.hey a:c in Commerc!a! er. +~'~' ......... :' '+ .... _ ' ..... ~.,,~, ,,.,,___ ~A.,,,..._,.. Residential uses may comprise, up to of 50% of the total floor area within the West Atlantic Redevelopment Area (GC Overlay), and up to 15% of the total floor area elsewhere in the City with a GC FLUM designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except within the West Atlantic Avenue Redevelopment Area Oveday where the density may exceed 12 units per acre, up to a maximum of 85 units per acre subject to Conditional Use approval. Comment: The statement being eliminated is currently inconsistent with the Land Development Regulations which allows stand alone residential developments as Page 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER fff~ SUBJECT: AGENDA ITEM #/0 D - REGULAR MEETING OF OCTOBER 19, 1999 ORDINANCE NO. 38-99 (I)ELRAY OAKS PRESERVE REZONING) DATE: OCTOBER 14, 1999 This is second reading and a quasi-judicial public hearing for Ordinance No. 38-99 which rezones the 25 acre Delray Oaks Preserve site from POC (Planned Office Center) District to OS (Open Space) District. The subject property is located at the northwest comer of Congress Avenue and S.W. 29th Street. The property was acquired by Palm Beach County in December, 199S, with funds from the Environmentally Sensitive Lands bond program. The City served as the County's partner in an application for state matching funds for acquisition of the land. The City has received a site plan application from the Palm Beach County Department of Environmental Resources Management (DERM) to install a 12 space parking area and nature trail with observation platform at the preserve. On March 2, 1999, the City Commission initiated the rezomng of the subject property. However, prior to the proposed zoning change, the Future Land Use Map designation must be changed from Transitional to Open Space-Conservation. This land use designation change was included as part of Comprehensive Plan Amendment 99-1 (Ordinance No. 14-99) which is also scheduled for second reading and the adoption hearing on October 19, 1999. Pursuant to Conservation Element, Policy B-I.1 of the Comprehensive Plan, publicly owned environmentally sensitive areas are to be identified on the Future Land Use Map (FLUIV0 by an "Open Space-Conservation" symbol. In order to be consistent with the use of the property and Conservation Element, Policy B-IA, it is necessary to change the FLUM designation to Open Space-Conservation and rezone the property from POC to OS (Open Space) District. At first reading on October 5, 1999, the Commission passed the ordinance by unanimous vote. The P~nning and Zoning Board had previously reviewed the zoning change in conjunction with the land use amendment at a public heating on March IS, 1999, and voted unanimously to recommend approval. Recommend approval of Ordinance No. 38-99 on second and final reading. Ref:Agrnemol 5.Rezonmg. Delray Oaks Preserve //~~ ~- ~) ORDINANCE NO. 38-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN THE OS (OPEN SPACE) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE DELRAY OAKS PRESERVE SITE LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND S.W. 29TM STREET, 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 POC (Planned Office Center) District; and WHEREAS, at its meeting of March 15, 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 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 OS (Open Space) District for the following described Property: A parcel of land in Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Ccmmencing at the Southeast corner of said Section 30; thence run North 89 degrees 55'53" West, 700.10 feet along the South line of said Section 30 to a point on the West right-of-way line of the Seaboard Coastline Railroad; thence North 00 degrees 18'55" West, 2291.71 feet along said West right-of-way line to a point; thence run South 89 degrees 12'30" West, 515.01 feet to a point on the West right-of-way line of the 120.00 foot wide right-of-way of Congress Avenue, said point being the Point of Beginning; thence run South 00 degrees 18'55" East, 1434.04 feet along said West right-of-way line of Congress Avenue to a point of intersection with the North right-of-way line of the 80.00 foot wide right-of-way of S.W. 29th Street; thence run South 89 degrees 41'15" West, 530.90 feet along said North right-of-way line to a point of curvature; thence run Northwesterly along said North right-of-way line being a curve concave to the Northeast, having a radius of 660.00 feet, a central angle of 62 degrees 02'00", for an arc distance of 714.54 feet to a point of tangency; thence run North 28 degrees 16'45" West, 202.01 feet along said right-of-way to a point; thence run North 89 degrees 12'30" East, 626.49 feet to a point; thence run North 00 degrees 47'30" West, 895.00 feet to a point; thence run North 89 degrees 12'30" East, 589.53 feet to the Point of Beginning. Being subject to a drainage easement over and across the North 40.00 feet thereof, said drainage easement being described and contained in Official Records Book 1778, Page 444, Palm Beach County Records. The subject property is located at the northwest corner of Congress Avenue and S.W. 29th Street; containing 25 acres, more or less. - 2 - Ord. No. 38-99 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 19th day of October , 1999. ATTEST: ~City C~erk First Reading October 5, 1999 Second Reading October 19, 1999 - 3 - Ord. No. 38-99 EAST MIC RM .-'-' C A k' A L L-3B ~ - REZONING- =r~; c~- ~,.R~. B--'^:~.. r,. FROM: POC (PLANNED OFFICE CENTER) TO: OS (OPEN SPACE) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 15, 1999 AGENDA ITEM: IV.F.2. ITEM: Future Land Use Map Amendment From Transitional to Open Space-Conservation and Rezoning From POC (Planned Office Center) to OS (Open Space) for Delray Oaks Preserve, Located at the Northwest Comer of Congress Avenue and S.W. 29th Street. Associated with Comprehensive Plan Amendment 99-1 - Transmittal Hearing. GENERAL DATA: ] ~-~,.. r ~ ~pp~icant ......................... ~vid 1. ~arden, City M~na~er ,' ~,~ Location. No~hwest corner of Congress Avenue and S.W. 29th Street r Prope~ySize .................. 24,52Acres i ~ Existing Future Land ~,~ Use Map Designation ..... Transitional (Subject to ~~ ~ Conse~ation Policy B-1.1) ~ Proposed Future Land Use Map Designation ..... Open Space-Conse~ation I o Current Zoning ............... POC (Planned O~ce Center) ~r d Proposed Zoning ....... OS (Open Space) c ..... pOC Adjacent Zoning .... No~h: POC & RM (Medium Density ~, Residential) , East: PCC (Planned Commerce Center) & MIC (Mixed Industrial & Commercial) c ·, · ~ :: ..........: ,:~:;:: ~.::,..:.~, ............. ,~:.:.:~:.:::-:'~"?' .:...:.:.:.~. South: RM ~, ... Existing Land Use .......... Conse~ation ama . ..-~:.,~,,~-:, ~,,...~.-.~.. Proposed Land Use ........ Installation of a 12-space parking ~ . - ~ ~ I ,.,:.~;.~.~,~ ~,..:.~ area and nature trail with an x ~ obse ~ation plaEorm ~ ~'.... ,,, .'. · ,~... ,,,.,, ,., . .~ ;-,. ,:, , . ·, ...:,:.:,~p:.'. ,,: ~ ~ ~;:,......-,-.... ,....,, ..... ..~..,~,.,~.,..,,....-..,,.,..~.,...,i~ Water Se~ice .... N/A ~~~x ~¥:.:.:.:. .............. ,,. ,..,,,, ,..>.,.......¢~s,.,,,.,,,.,.,,,,,,,,,..., ,. Sewer Se~ice .... N/A ............ , ............ CANAL IV.F.2. I' , .... ITEM BEF,ORE 'THE BOARD The action before the Board is making a recommendation to the City Commission to change the Future Land Use Map (FLUM) and Zoning Map designations for the 24.52-acre Delray Oaks Preserve. The request involves a FLUM amendment from TRN (Transitional) to OS-C (Open Space - Conservation) and rezoning from POC (Planned Office Center) to OS (Open Space). The subject property is located at the northwest corner of Congress Avenue and South West 29t~ Street. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map and Zoning Map. BACKGROUND , ..... Palm Beach County acquired the subject property in December 1995, with funds approved through the Environmentally Sensitive Lands Bond on March 12, 1991. The City served as the County's partner in an application for State matching funds for acquisition of the subject property. The City has received a site plan application from the Palm Beach County Department of Environmental Resource Management to install a 12-space parking area and nature trail with observation platform at the Delray Oaks Preserve. The City's Future Land Use Map (FLUM) designation for the property is TRN (Transitional) and it is currently zoned POC (Planned Office Center), which does not permit the preserve and the associated improvements. Pursuant to Conservation Element, Policy B-1.1 of the Comprehensive Plan, publicly owned environmentally sensitive areas are to be identified on the FLUM by an "Open Space-Conservation" symbol. In order to be consistent with the use of the property and Conservation Element Policy B-1.1, it is necessary to change the FLUM description to Open Space-Conservation and the zoning designation to OS (Open Space). The OS zoning is appropriate for passive parks, such as Delray Oaks. The zoning change was initiated by the City Commission on March 2, 1999, as was the · FLUM amendment, which is to be included in Comprehensive Plan Amendment 99-1. FUTURE LAND USE'MAP AMENDMENT'ANAL~YSIS ~ I This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 2 Land Use Analysis: Pursuant to Land Development Regulation 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. As noted previously, the proposed site plan indicates that the park will be developed with a nature trail that includes an observation platform and 12-space parking lot. The proposed passive park and accessory facilities are allowed in the OS zoning district. According to Table L-7 of the Comprehensive Plan, the OS zoning district is consistent with the OS-C Future Land Use Map designation. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: 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. Data and analysis must support the need. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. An analysis of the "Demonstrated Need" is not required since the proposal is a Conservation FLUM amendment. Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Goal Area B of the Conservation Element states that sensitive lands that provide habitat and contain native vegetation vital to the maintenance of the environmental quality of this community shall be conserved and protected. The Delray Oaks Preserve is one of the properties designated for preservation. The proposed OS-C FLUM designation is appropriate when designated land is to be preserved. Therefore, the FLUM designation change promotes the goals, objectives, and policies of the Comprehensive Plan. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The highest intensity development allowed by the proposed OS zoning district and OS-C FLUM designations are passive parks. The current POC zoning district designation allows for planned office complexes. Since the demand on public services is far less for passive parks than office complexes, the FLUM and Zoning P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 3 Map designation changes will have a positive impact with respect to meeting concurrency requirements. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The OS-C FLUM and OS zoning designations will be compatible with the surrounding existing and future land uses. The existing adjacent uses are the Catalfumo planned office center to the north, the Delray Oaks multiple family development to the south, industrial to the east (across Congress Avenue), and the Sabal Pines East multiple family development to the west. The proposed conservation area will not have an adverse affect on these surrounding uses. The Delray Oaks Preserve will generate 39 average daily trips (1.59 trips x 24.52 acres). Given the acreage of the property, the site could be developed as a planned office center with 320,000 square feet of floor area. A 320,000 square foot planned office complex generates 3,245 trips per day. The surrounding roads can accommodate the trips generated by the proposed nature preserve. Furthermore, the impact on public services such as fire protection, water, sewer, solid waste, drainage, and police is also s!gniflcantly less for the conservation area than a planned office center. The DERM has indicated that the conservation area will operate during daylight hours and will be closed during evening hours. Consequently, there will be no patron interaction with the park during the evening hours. Finally, the use of the property as a conservation area will not have a positive or negative effect on the property values of the surrounding properties. Since the conservation area will have a Iow impact on the surrounding properties, the property values will not be affected due to the proposed FLUM or zone change. Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. As noted previously, the Palm Beach County Department of Environmental Resource Management has submitted a site plan application for a passive park on the subject '- property. The improvements noted on the proposed site plan are consistent with the uses allowed in the OS-C FLUM and OS zone designations. The site plan application and compliance with the City's Land Development Regulations will be considered by the Site Plan Review and Appearance Board following the requested designation changes to the FLUM and Zoning Map. P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 4 '~ L, 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 that 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. 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. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment Analysis section of this report. Section 3.3.2 (Standards for Rezoning Actions): Standards B and C are not applicable with respect to this rezoning request, as the rezoning for preservation of environmentally sensitive land does not affect the City's Housing Element or involves strip commercial development activity. The applicable performance standards of Section 3.3.2 are as follows: · .A) That a rezoning to other than CF, OS, OSR, OR Conservation within stable residential area shall be denied. The subject property is located along a principal arterial roadway (Congress Avenue). The surrounding existing land uses are a planned office park to the north, multiple family residential to the south and west, and a planned commerce center and industrial complex to the east (across Congress Avenue). The Delray Oaks Preserve is not located within a residential area but is adjacent to neighborhoods designated as stable residential on the Residential Neighborhood Categorization Map. The proposed rezoning is to OS, therefore a positive finding with respect to this standard can be made. P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 5 ~ 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. The proposed rezoning will implement the City's Conservation designation of the subject property. According to Table L-7 of the Future Land Use Element, the OS zone designation is compatible with the FLUM designations of the adjacent residential and commercial properties. As noted previously, the uses permitted in the OS zoning district are passive parks or water bodies. The passive park proposed by Palm Beach County is consistent with the proposed Zoning Map designation and the surrounding uses. The accessory facilities associated with the passive park such as parking will be considered via the site plan process in accordance with the City's Land Development Regulations. Section 2.4.5(D){5) (Rezonin9 Findings): Pursuant to Section 2.4.$(D)(5), in addition to the 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. The proposed OS zone designation is allowed under both the current TRN (Transitional) and the proposed OS-C FLUM designations. Given the proposed use of the property, the OS zone and OS-C FLUM designations are more appropriate for the 15roperty. The OS zone designation change from POC will ensure that the property is utilized as a passive park rather than for office uses. Consequently, a positive finding with respect to (b) can be made since the purchase of the property by DERM for the purpose of establishing a passive park changes the circumstances with respect to appropriateness of the zoning designation. Furthermore, the OS zoning designation is more appropriate as passive parks are not allowed uses in the POC zoning district. P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning Page 6 [ REVIEW BY OTH'ERS The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: [3 Progressive Residents of Delray (PROD) El Delray Racquet Club [3 Palms of Delray [3 Lake Delray Apartments [3 Town & Country Estates E! Tropic Palms Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT ' :~'' The proposed passive park is incompatible with the current POC zoning designation, as it is not a permitted use. The appropriate zoning designation for passive parks is the OS zoning district. While the TRN FLUM designation can be applied for either planned office complexes or passive parks, the most appropriate FLUM designation is the OS-C designation as it will ensure that the property remains in its natural state and is not allowed to be developed. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive, and Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions) and 2.4.5(D)(5) of the Land Development Regulations, and the goals, objectives, and policies of the Comprehensive Plan. L ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend to the City Commission approval of the Future Land Use Map amendments from TRN to OS-C, and the rezoning from POC to OS based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions) and 2.4.5(D)(5) of the Land Development Regulations, and the goals, objectives, and policies of the Comprehensive Plan. P & Z Board Staff Report Delray Oaks Preserve - FLUM Amendment and Rezoning ~ Page 7 C. Recommend to the City Commission denial of the Future Land Use Map amendments from TRN to OS-C, and the rezoning from POC to OS based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), and Section 2.4.5(D)(5) of the Land Development Regulations, that the FLUM amendment and rezoning fail to fulfill one of the basis for which a FLUM amendment or rezoning should be granted. STAFF RECOMMENDATION Recommend to the City Commission approval of the Future Land Use Map amendment from TRN to OS-C, and the rezoning from POC to OS based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Sections 3.1.1, 3.3.2 (Standards for Rezoning Actions) and 2.4.5(D)(5) of the Land Development Regulations, and Goal Area "B" of the Comprehensive Plan, Conservation Element. Attachments: Future Land Use Map Zoning Map THRU: DIANE DOMINGUEZ, PLANNING & ZONING DIRECTOR ]~ FROM: RONALD R. HOGGARD, JR., SENIOR PLANNER ~ ~ SUBJECT: CITY COMMISSION MEETING OF OCTOBER 19, 1999 REZONING FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO R-1-A (SINGLE FAMILY RESIDENTIAL) FOR PROPERTY LOCATED ON THE NORTH SIDE OF THE NE 22nd STREET~ APPROXIMATELY 450 FEET EAST OF SEACREST BOULEVARD. The subject property was annexed into the City in 1988 as a part of Enclave #5. This property and an additional parcel to the west were given a City zoning classification of RL (Multiple Family Residential - Low Density). The property currently contains a single family house and a beauty shop. In November 1997, the City Commission denied a request to subdivide the property into two lots, because the owner's intent to construct 2 duplexes (4 units) was inconsistent with the existing development pattern of primarily detached single family homes. The Seacrest/Del-lda Park Plan was adopted by the City Commission on March 3, 1998. The plan included recommendations for revitalizing the neighborhood, including the rezoning of all multiple family zones (including the subject property) to single family. These rezonings were subsequently approved by the City Commission on October 20, 1998. Following the rezoning of the subject property from RL to R-l-AA, the owners filed a claim against the City under the Bert J. Harris, Jr. Private Property Rights Protection Act alleging devaluation of their property. The City and the property owners entered into a Settlement Agreement on August 16,1999, whereby the City agreed to rezone the property to R-1-A. Additional background and an analysis of the request can be found in the attached Planning and Zoning Board staff report. The proposed rezoning was reviewed by the Planning and Zoning Board on October 11, 1999. Two area residents expressed concerns. The Board recommended approval of the rezoning by a vote of 6/0. The Community Redevelopment Agency reviewed the proposal at its meeting of October 14, 1999. Th.e CRA Board also recommended approval. By motion, approve on first reading the ordinance to rezone the property from R-l-AA (Single Family Residential) to R-1-A (Single Family Residential), based on findings and conditions as recommended by the Planning and Zoning Board and set a public hearing date of November 2, 1999. Attachments: /9~ / .~ 7- ~ · Proposed Ordinance · Planning&ZoningStaffReport ~:.~-(~) JO] }c~}c~(~ \\misrv001\departments\planning & zoning\city cornmission\hegstrom rezoning.doc printed 10/12/99 /,2. ,q. ORDINANCE NO. 42-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE HEGSTROM PROPERTY LOCATED ON THE NORTH SIDE OF N.E. 22ND STREET, APPROXIMATELY 450 FEET EAST OF SEACREST BOULEVARD, 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 October 11, 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 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 R-1-A (Single Family Residential) District for the following described property: The East 165 feet of the West 310 feet of the South Half (S ~) of the Southeast Quarter (SE h) of the Northeast Quarter (NE h) of the Southwest Quarter (SW ~) of the Southwest Quarter (SW ~) of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, LESS the South 25 feet thereof heretofore conveyed to the City of Delray Beach, Florida, for street purposes; AND The South One-Half (S ~) of the Southeast Quarter (SE ~) of the Northeast Quarter (NE ~) of the Southwest Quarter (SW ~) of the Southwest Quarter (SW ~), LESS the West 310 feet of the South 25 feet of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Official Record Book 62, Page 592. The subject property is located on the north side of N.E. 22nd Street, approximately 450 feet east of Seacrest Boulevard; containing 0.637 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. - 2 - Ord. No. 42-99 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 f±nal reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 42-99 ~6T. ^YE. BOULEVARD S£A CRE$T BL VD. PRESBYTERIAN ~ CHURCH & ~ CHRISTIAN ~.. ~ULF STREA~ N.w 25~ CT. SCHOOL R-1 TENNIS COUR TS N.W. 24TH CT. AOUACREST POOL ~.~C, /x'~t-~CH00g N.W, 24TH UNITY CHURCH AND ELEMEN TAR Y SCHOOL N.W. 22ND PINI. RIDG£ RD. 22ND ~ STR. N.E. 21ST ST. DEL RAY SWAP SHOP N.[. 20TH ST. i " I lgTH STREET ; ELEMENTARY N.W. 17 ST [ 1 TH T N.W. 15~ ST. N E. 15~ ST. A~NU[ N. N - REZONING - c~ o~ 0£LR^¥ S£^CN. ~L FROM: R-l-AA (SINGLE FAMILY RESIDENTIAL) TO: R-I-A (SINGLE FAMILY RESIDENTIAL) PLANNING & ZONING DEPARTMENT -- D/GI~'AL J~,4Sg MAP SY~F'~M -- MAP RI'F: LM189 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE' October 11, 1999 AGENDA ITEM' II.E. ITEM: Rezoning from R-l-AA (Single Family Residential) to R-1-A (Single Family Residential) for a Parcel of Land Located on the North Side of N.E. 22nd Street, Approximately 450' East of Seacrest Boulevard (N.E. 2nd Avenue). < . - ~ SCHOOL Owner ..................................... ~lliam Hegstrom Applicant ................................. David T. Harden, Ci~ Manager ~ity o~ Delray ~each, Flori~ Location .................................. No~h side of N.E. 22nd ¢~¢ - Street, approximately 450' east of Seacrest Boulevard FIELD (N.E. 2nd Avenue) ~ , I .......................... _ Land Use Map Designatbn .... Low Density Residential (0-5 _ ~ ' ~.~. Existing Ci~ Zoning ................ R-I-~ (Single Family -- ~ I i i i ~, I i i i i i i i Residential) Proposed City Zoning ............. R-1-A (Single Family -- Adjacent Zoning ............ No~h: R-I-~ South: R-I-~ ~ '- Existing Land Use .................. Single family house and ~¢~ ~ s:~oo~ // beau~ salon ~ j~ ~ _~ J~/ Proposed Land Use ................accommodate a change in Rezoning the prope~ to circumstance Water S~c .......................... Existing on site Sewer S-~c .................. Existing on site ~'~': · ITEM~ BEFORE THE BOARD I The item before the Board is that of making a recommendation on a City initiated rezoning from R-l-AA (Single Family Residential) to R-1-A (Single Family Residential) The subject property is located at 225 NE 22"d Street on the north side of the street, approximately 450 feet east of Seacrest Boulevard. The subject property was annexed into the City in 1988 as a part of Enclave #5. Prior to annexation, it had a county zoning designation of RS-Single Family Residential. This property and an additional parcel to the west were given a City zoning classification of RL (Multiple Family Residential - Low Density). The stated reason for this designation was to create a buffer between the existing commercial development to the west and the single family area to the east. However, there was an inconsistency in this rationale, since the adjacent commercial property is zoned neighborhood commercial and that zone is used to accommodate limited retail and services uses in a manner convenient to yet not disruptive of residential areas. Additionally, the neighborhood commercial area directly abuts single family residential development to the south and east. in November 1997, the owner sought to subdivide the parcel into two lots. Although the subdivision would have resulted in lot sizes that were compatible with other lots in the area, the stated intent to construct duplexes was inconsistent with the existing development pattern of primarily detached single family homes. Additionally, a neighborhood plan was being prepared at the time which contained language to rezone the multiple-family districts within the area to single family. The Seacrest Homeowner's Association was opposed to the subdivision, since the proposed development of the property as duplex units was counterproductive to this effort. The application was denied by the City Commission on November 18, 1997. .. The Seacresf/Del-lda Park Plan was adopted by the City Commission on March 3, 1998. The plan included recommendations for revitalizing the neighborhood, including the rezoning of all multiple family zones to single family. in accordance with recommendations set forth in the Plan, the City rezoned the multiple family districts within the neighborhood, including the subject property to single-family residential on October 20, 1998. Although R-l-AA was the prevailing single family distdct within the neighborhood, most of the multiple family zones were rezoned to R-1-A. This was because the larger lot size requirements of the R-l-AA district would have made a large number of existing single family home lots non-conforming. However, since the subject property and the adjacent property to the west were significantly larger, they were zoned R-l-AA. P & Z Staff Report Hegstrom Property - Rezoning from R-l-AA to R-1-A Page 2 -'- -..- Following the rezoning of the property from RL to R-l-AA, the owners of the property filed a claim against the City under the Bert J. Harris, Jr. Private Property Rights Protection Act alleging devaluation of their property. The City and the property owners entered into a Settlement Agreement on August 16,1999, whereby the City agreed to rezone the property to R-1-A. The subject property currently contains a single family house and a beauty shop. Both of these uses are situated on the western portion of the lot. The eastern portion of the lot is currently vacant. The property is surrounded by detached single family homes zoned R-l-AA. The proposal is to rezone the property from R-l-AA (Single Family Residential) to R-1-A (Single Family Residential). The rezoning is being processed in accordance with a Settlement Agreement between the property owners and the City. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1(Required Findings For Land Use and Land Development Applications), 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: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be '-consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM (Future Land Use Map) designation for the subject property is LD (Low Density Residential). The property is currently zoned R-l-AA. The proposed R-1-A zoning will be consistent with the LD FLUM designation. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require P & Z Staff Report Hegstrom Property - Rezoning from R-l-AA to R-I-A Page 3 the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. The proposed rezoning will allow the subject property to be subdivided into three single family lots while the existing zoning permits only two lots. Until recently, the property was zoned RL, which could have accommodated three single family lots. As described below, the impact on the level of service standards should be minimal. Water and Sewer: Water and sewer service are currently available to the subject property. The Delray Beach water treatment plant and the South Central Wastewater Treatment Facility both have adequate capacity to serve the City at build out. Streets and Traffic: Under the current R-l-AA zoning district, 2 single-family homes could be developed on the property. Under the proposed R-1-A zoning district, 3 single-family homes could be developed. Given these development scenarios, 20 ADT (Average Daily Trips) would be generated under the R-l-AA district and 30 ADT under the R-1-A district. The net increase of only 10 ADT will not significantly impact the surrounding roadway network. Based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: The Delray Beach Comprehensive Plan Parks and Recreation Element indicates that the City meets the adopted level of service for parks and recreation facilities for the ultimate build-out population of the City. Solid Waste: · The Solid Waste Authority indicates that it has capacity to serve development in the County at its current LOS of 7.2 pounds per day per capita for the life of the existing landfill. The current zoning allows for a maximum of 2 single-family residential units, with an estimated solid waste generation of 3.98 tons per year. The proposed zoning will permit a maximum of 3 single-family residential units with an estimated solid waste generation of 5.97 tons per year. The potential additional 1.99 tons of solid waste per year generated by the proposed rezoning will not significantly affect the solid waste disposal LOS. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the P & Z Staff Report Hegstrom Property - Rezonin~ from R-I-.~.A to R-I-A Page 4 beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 3.2.2 (Standards for Rezoning Actions): Standards A-C and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is surrounded by R-l-AA Single Family zoning. Although the proposed R-I-A zoning will allow subdivision of the property into smaller lots than that allowed in the R-l-AA district, the large size of the parcel will allow lots that are approximately 9,200 sq. ft. in size. This is nearly as large as that required in the R-l- AA district (9,500 sq. ft.). and is actually larger than many of the existing lots surrounding the property. Although the proposed lot widths of approximately 60 feet will be smaller that the required 75 feet in the R-l-AA district, the single family homes constructed on these lots will be compatible with the surrounding area. In fact, there are six different single family residential zoning districts within the City and it is common for these districts to be adjacent to one another throughout the City. Based upon the above, positive findings can be made with respect to the applicable performance standards. 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; 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 reason for the rezoning is "b". The rezoning is being processed in accordance with a Settlement Agreement between the property owners and the City related to a lawsuit P & Z Staff Report Hegstrom Property - Rezoning from R-l-AA to R-1-A Page 5 .- arising from a previous rezoning by the City from RL (Multiple Family Residential - Low Density) to R-l-AA (Single Family Residential). Compliance with Land Development Regulations: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. Both the existing R-l-AA and the proposed R-1-A zoning districts are Single Family Residential Districts which allow the same principal, accessory and conditional uses. However, the development standards for each zone are different with the R-l-AA district requiring a larger lot, setbacks, frontage and minimum building area. These standards are shown in the following table: Table 1: Development Standards Matrix Minimum Lot Lot , Minimum SETBACKS Zoning Lot Width Lot Frontage Floor Side Side District Size i/C Depth I/C Area Front Street Interior Rear Height (sq. ft.) (ft.) (ft.) (ft.) (sq. ft,) (ft.) (ft.) (ft.) (ft.) (ft.) R-1-A 7,500 60/80 100 60/80 1,000 25 15 7.5 10 35 R-1 -AA g,500 75/95 100 75/95 1,500 30 15 10 10 35 If the property is later subdivided into three single-family lots as would be permitted within the R-1-A zoning district, the development of these lots would have to be in compliance with the development standards for that zoning district. However, pursuant to the Settlement Agreement, the City agreed to consider a waiver of the side setbacks for the existing structures and swimming pool. Such waiver shall only be to the extent necessary and shall in no case reduce the setbacks to less than 4 feet. Additionally, the existing commercial use is allowed to remain as a non-conforming use on the westemmost lot. If this use should be discontinued for a period of 180 days or more, it could not be reestablished. C~ (Communi~ Redevelopment, Agenw): The C~ will review the proposal at its ne~ meeting. The Board's recommendation will be included in the final mpo~ to the City Commission for a~ion. Neighborhood Notice: Formal public notice has been provided to prope~ ownem within a 500' radius of the subje~ prope~. P & Z Staff Report Hegstrom Property - Rezoning from R-I-AA to R-I-A Page 6 - - Special courtesy notices have been sent to: · Seacrest Homeowners Association Del-Ida Park Homeowners Association · Lake Ida Homeowners Association · PROD (Progressive Residents of Delray) Letters of objection or support, if any, will be presented at the P & Z Board meeting. The request involves the rezoning of the subject property from R-l-AA to R-1-A. The rezoning is being processed in accordance with a Settlement Agreement between the property owners and the City. The proposal 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 the rezoning is being requested to accommodate a change in circumstances. A. Continue with direction. B. Recommend approval of the rezoning request from R-l-AA (Single Family Residential) to R-loA (Single Family Residential) 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 rezoning request from R-l-AA (Single Family Residential) to R-I-A (Single Family Residential) 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. "Recommend to the City Commission approval of the rezoning of the property from R-I- AA (Single Family Residential) to R-1-A (Single Family Residential) 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 Zoning Map · Settlement Agreement s:\planning & zoning~D & z\hegstrom rezoning.doc printed 10/5/99 PRE SB YTER~AN CHRISTIAN GULF N.W 25~ CT. SCHOOL , ; I [ ~NN~S COUR TS N.W. 2~H C1. ~ AOUACREST POOL FO0 ~ALL UN/TY CHURCH AND ELEMEN TAR Y $CHOOL ~ ' ' N.W. 22ND S~EET PINE RIDGE RD. N.[. 22ND ~ S~. 5WA~ SHO~ - REZONING - ~ ~' DE~AY BEACH, ~ FROM: R-I-~ (SINGLE FAMILY RESIDE~IAL) TO: R-1-A [SINGLE FAMILY RESIDENTI~) P~NING ~ Z~ING SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made and entered into this ... ~.~ day of August, 1999, by and between WILLIAM and GILA_CE ANN HEGSTROM, as Trustees ("HEGSTROMS"), and the CITY OF DELRAY BEACH, a Florida municipal corporation, CCITY'). WITNESSETH: WHEREAS, the HEGSTROMS have filed a claim against the CITY under the Bert J. Harris, Jr. Private Property Rights Protection Act concerning the alleged devaluation of their proper3, due to the CITY's rezoning of the property from ILL to R-i-AA; and WHEREAS, the parties desire to settle the claim by entering into this agreement in order to avoid the time and expense incurred in litigation; and WHEREAS, this settlement agreement will resolve the differences between the parties. NOW THEREFORE, for good and valuable consideration, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. That CITY shall rezone the HEGSTROM Property (More fully described in Exhibit "A" attached hereto) from R-I-AA to R-1-A in order to allow the HEGSTROMS to subdivide the property into three lots, each having a minimum width of 60 feet. The HEGSTROMS agree that zoning the property to R-1-A does not allow the HEGSTROMS to erect duplexes on any of the three lots created by a subdivision of the HEGSTROM Propert3,. The HEGSTROMS agree and understand that use of the three lots is restricted to the requirements for zoning district R-1-A as stated in Section 4.4.3 of the Land Development Regulations of the Code of Ordinances for the City of Delray Beach. The City furthermore reserves the right to enforce any and all applicable provisions of the Code of Ordinances for the City of Delray Beach, including but not limited to, the Land Development Regulations. against the HEGSTROM. S property, ex:ept as otherwise provided for herein. 3. The HEGSTROMS shall provide a minimum side setback of 7 IA feet between the existing structures on the proposed westernmost lot and the property Iine of the proposed center lot. The I-.[EGSTROMS shall further provide that the pool located on the proposed center lot shall have a side setback of 7 ~.4_ feet. If these setback requirements cannot be met, the City Commission shall consider waiver of the setback provisions of the Land Development Regulations of the Code of Ordinances for the City of Delray Beach for the HEGSTROM Property. Such waiver shall be only to the extent necessary and shall in no case reduce the setbacks to less than 4 feet. 4. The HEGSTROMS hero-by agree that if the nonconforming commercial use located on the proposed westernmost lot ~ discontinued for a period of 180 days or more, the HEGSTROMS shall forever lose an), and all right to the nonconforming use and shall cause the property to conform to the use requirements for zoning district R-1-A as stated in Section 4.4.3 of the Land Development Regulations of the Code of Ordinances for the City of Delray "Beach. 5. That in consideration of the rezoning of the I:-IEGSTROMS' property to R-1-A as set forth in Paragraph 2 of this a_m-'~ment and the waiver of setback requirements as set forth in Paragraph 3 of this Agreeing-hr, I-IEGSTROMS, or counsel on I-tEGSTROMS' behalf, shall refrain from pursuing th-~ir claim, and shall not fie suit in state or federal court 2 or pursue any other redress against the CITY, for the rezoning of their property from RL to R-I-AA. 6. That in return for the consideration stated in this agreement the HEGSTROMS, their respective agents, successors, heirs and assigns, shall hold the CITY harmless and release the CITY from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extent, executions, claims and demands whatsoever, in law or in equity, which HEGSTROMS, ever had, now have or which they hereafter can, shall or may have, for, upon or by reason of an3' matter, cause of thing whatsoever, from the beginning of the world to the day of this date of these presents, upon or by reason of all facts and circumstances arising out of the dispute regarding alleged devaluation of the HEGSTROM property by the CITY's rezoning it from RL to R-l-AA, subject only to the terms of this agreement. 7. That it is understood and agreed by the parties hereto that the CITY's obligations herein are made in compromise of a disputed claim and shall not be construed as an admission of liability by the CITY or any other person, association or corporation which is or might be claimed to be jointly and/or severally liable to HEGSTROMS as a result of the kircumstances mentioned herein. In addition, it is understood and a~eed by the parties hereto that the CITY's obligations herein shall not be construed as a waiver of any claim the CITY may have in the future as to the Bert J. Harris, Jr., Private Property Rights Act's constitutionality. It is further understood that this Agreement expresses a full and complete settlement of a liability claimed and denied, and regardless of the adequacy or inadequacy of the amount of consideration it is intended by HEGSTROMS, and the CITY, to be sufficient 3 to avoid litigation and to b~_ a full and final and complete settlement arising out of the claim including all costs and attorney's fees. If a court of competent jurisdiction renders this agreement unenforceable, each party shall retain all legal and equitable rights available to it at the time of such determination by the court. 8. That the parties hereto warrant that no promise or inducement has been made or offered to any part)' except as set forth herein; that this agreement is executed without reliance on any statement or representation of any party hereto or any agent or representative of the parties as to the nature or extent of any losses, injuries, or damages, or the legal liability therefor. 9. That the parties hereto state that they have had the opportunity to review this Agreement with their respective attorney, and that there are no other agreements, understandings, or reservations not expressly stated herein. 10. That the rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon the parties, their successors and assigns. 11. That this Agreement shall be construed and enforced according to the laws of the State of Florida and venue of all proceedings shall be in Palm Beach County, Florida. 12. That this Agreement shall be null and void unless executed by all parties to this 'Agreement by August 16, 1999. 13. No modification or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. 14. Each part'), to pay for their own respective costs including, but not limited to, appraisals and attorney's fees. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first writtsn above. Approved as to Form: WITNESS: i, , '.. IVILLI431 HEGSTROM, as Trustee (Type or Print N~e) STATE OF COUNTY OF The forego~g imment was ac~owledged before me ~s (~ day of ~ ibl¢(J~ , 1999, by I,x,~ 1-l. ~ ~hx ~~O~ who is personal¢'~own to me or has bro&eea ~ id~ncaao,. ,-- Florida .- 5 "Grace Ann Hegstrom, T'rustet~' (Type or Print Name) STATE OF co s Y The forego~g i~ment was ac~owledged before me ~is [~ day of ~?~.V~', 1999, by ~Q~(~ ~ l~(~c3f~ who is p~rsonally ~own to me or has produced ~ {(t~f> t ( ~~(~den~fi~afion.~ /" · Florida H~gsu'om $~m~nL~gt 6 TO: DAVID T. HARDEN, CITY MANAGER FROM: DIANE DOMINGUEZ, PLANNING AND SUBJECT: MEETING OF OCTOBER 19, t999 CORRECTIVE FUTURE LAND USE MAP (FLUM) AMENDMENT FROM RDA #3 (REDEVELOPMENT AREA #3) TO MEDIUM DENSITY (5-12 UNITS/ACRE) FOR A PORTION OF THE GROVES OF DELRAY DEVELOPMENT (N. SIDE OF DOUGLASS AVE. BETWEEN SW 7TM AND SW 8TM AVENUES) SAC KG RO uN DIA NALYSIS The subject property involves Lots 23-28, Block 5, Plat 2 of 2, $outhridge subdivision and the adjacent right-of-way (SW 8th Avenue) containing approximately 1.2 acres. In 1992, these lots and right-of-way were platted as part of the Groves of Delray, a multiple family development. The Groves of Delray has a zoning designation of RM (Multiple Family Residential) and an underlying Future Land Use Map (FLUM) designation of MD (Medium Density Residential) except for this 1.2 acre section, which has a FLUM Designation of RDA-3 (Redevelopment Area # 3). This error was discovered with the research conducted as part of the Redevelopment Plan for the $outhridge/SW 4th Avenue area. Therefore, a corrective FLUM amendment is being processed to change the designation of RDA-3 to MD (Medium Density Residential). A full analysis of the change is provided in the attached Planning and Zoning Board staff report. PLANNING AND ZONIN G BOARD CONSIDERATION The Planning and Zoning Board held a public hearing on this item on October 11, 1999. One person from the public spoke, but his concerns dealt with the condition of the roads in the Southridge Redevelopment Area, and not specifically with the FLUM amendment. The Board voted 6-0 (McCarthy absent) to recommend approval of the amendment. By motion, approve the corrective Future Land Use Map amendment from RDA-3 to MD based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Section 3.1.1 (A) of the Land Development Regulations, and the recommendation of the Planning and Zoning Board. Attachment: · Planning and Zoning Board staff report ORDINANCE NO. 40-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM REDEVELOPMENT AREA #3 TO MEDIUM DENSITY RESIDENTIAL (5-12 DWELLING UNITS PER ACRE), FOR A PORTION OF THE GROVES OF DELRAY PROPERTY LOCATED ON THE NORTH SIDE OF DOUGLASS AVENUE, BETWEEN S.W. 7TM AVENUE AND S.W. 8TM AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMAIJ. SCALE LAND USE PLAN AMENDMENTS; 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 Redevelopment Area #3; and WHEREAS, at its meeting of October 11, 1999, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency., rexdewed this item at a public hearing and voted to recommend approval of the small scale FLUM amendment, 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 of Medium Density Residential (5-12 dwelling umts per acre). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DF.I.RAY BEACH, FLORIDA, AS FOI J.OWS: Section 1. That the legal description of the subject property is as follows: A parcel of land in Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Beginning at a point at the northwest comer of Lot 22, Block 5, Plat of Southridge, Plat 2 of 2 (Plat Book 13, Page 39), as recorded in the Public Records of Palm Beach County, Florida; thence in a westerly direction, along the north plat limit of the Plat of The Groves of Delray (Plat Book 72, Page 142), as recorded in the Public Records of Palm Beach Count3,, Horida, to a point of intersection with the centerline of S.W. 8th Avenue; thence in a northerly direction along said center, line to a point of intersection with the centerline of Tract "B", said Plat of The Groves of Delray; thence in a westerly direction along centerline of said Tract "B" to a point of intersection with the southerly extension of the west fight-of-way line of S.W. 8th Avenue; thence in a southerly direction along said fight-of-way extension to a point of intersection with the north fight-of-way line of Douglass Avenue; thence in a northeasterly direction, along the north fight-of- way line of Douglass Avenue to a point at the southwest comer of Lot 22, said Plat of Soudmdge; thence in a northerly dixection along the west line of said Lot 22 to the northwest comer of said LOt 22, also being the Point of Beg4nning. The subject property is located at on the north side of Douglass Avenue, between S.W. 7m Avenue and S.W. 8m Avenue; containing 1.15 acres, more or less. Section 2. That the Future Land Use Map designation for the subject propert3' in the Comprehensive Plan is hereby changed from Redevelopment _&rea #3 to Medium Density Residential (5- 12 dwelling units per acre). Section 3. That the Cit3, of Delray Beach elects to make this small scale amendment by hax~ng only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)4. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or proxfsion 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 paxt thereof other than the part de,claxed to be invalid. Section 6. 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 DepatLment of Community Affaixs, or the Adrnimstxation Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land 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 affimaing its effective status, a copy of which resolution shall be sent to the Depaxin:ent of Commumt3, Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. - 2 - Ord. No. 40-99 PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 1999. MAYOR ATTEST: Cit-5· Clerk First Reading Second Reading - 3 - Ord. No. 40-99 lOTH " CF - $ PINE GRO EL EMEN TA ~ Y SCHOOL OF DELRA Y BESSIE ELLA L IN TON RID GE CONDO / SgUTHRIDGE 7~'r,:~ "\¢ J - ct.. ,, WALLA£E ~ONDO ,UTHRF, 'N!~"SAN CONDO LIN TON U LE VARD I J I ~_INTON INTERNATIONAL PLAZA i ~oss C co$7co ~ - CORRECTIVE FUTURE LAND USE MAP AMENDMENT - C~,'T'r 0"7 Ot..LR~,¥ BS&O'~.. FL FROM: REDEVELOPMENT AREA:~ 3 TO: MEDIUM DENSITY RESIDENTIAL (5-12 UNITS/ACRE) PLANNINg, & ZONINg, PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 11, 1999 AGENDA ITEMS: ITEM: Corrective Future Land Use Map (FLUM) Amendment from Redevelopment Area # 3 to Medium Density (5-12 units/acre) for tha~ Potion of the Groves of Delray Development, Located on the North Side of Douglass Avenue, between S.W. 7th Avenue and S.W. 8th Avenue. MEMORIAL 5 ~ 91~- ~', . Owner ............................. Groves of Delra¥, LTD GARD£N$ Applicant ......................... David T. Harden, City Managert City of Delray Beach, Florida s.w. ~OTH sT~E-:~ Location .......................... North side of Douglass Avenue, ~ ,j !llllllJii between S.W. 7th Avenue and S.W. _ ~ 8th Avenue ~ '-Ii-- ~ Property Size. .................. 11.35 Acres total (1.15 Acres to be ~,. -_- , Amended) ~j ~ h-~: F.L.U.M. - ~, J Designation .................... RDA-3 (Redevelopment Area #3) -' Proposed F.L.U.M. Medium Density Residential (5-12 -i~ Designation ..................... units/acre) ~s C u rrent Zoning ................ R M (Multiple Family Residential- Medium Density) Adjacent Zoning .... North: R-1-A (Single Family Residential) East: R-1-A LLLJ~ ~-,.~ Existing Land Use... A portion of the Groves of Delray Develapment ¢i r-- Proposed Land Use ........ Corrective Future Land Use Map .L~*r,~: ~, ,~,,~L Amendment to a more suitable iCONDO ,, CONDD designation for the existing use. L ~ U ~ 0 N Water Service ................. n/a. LINTON IN NA'TIONA',.. Sewer S~rv)c .................. n/a. / ~] / I T E M B E F O R E T H E~. B O A:R D~ ?.,'::?~.:::.~ .~ '~'~,'; · ~ I The action before the Board is making a recommendation to the City Commission on a corrective Future Land Use Map amendment from RDA- 3 (Redevelopment Area #3) to MD (Medium Density Residential) for a portion of the Groves of Delray development. The subject property is located on the north side of Douglass Avenue between SVV 7th and SW 8th Avenues, and involves 1.2 acres. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map. The subject properS/involves Lots 23-28, Block 5, Plat 2 of 2, Southridge subdivision and the adjacent right-of-way (SW 8TM Avenue) containing approximately 1.2 acres. In 1992, these lots and the adjacent right-of-way were platted as part of the Groves of Delray, a multiple family development. The Groves of Delray has a zoning designation of RM (Multiple Family Residentiai~) and an underlying Future Land Use Map (FLUM) designation of MD (Medium Densi~, Residential) except for this 1.2 acre, which has a FLUM Designation of RDA-3 (Redevelopment Area # 3). This error was discovered with the research conducted with the study of the Southridge/SW 4th Avenue Redevelopment Area. Therefore, a corrective FLUM amendment is being processed to change the designation of RDA-3 to MD (Medium Density Residential) for this portion of the Groves of Delray and is the action before the Board. Florida Statutes 163.3187 - Small Scale Land Use Map Amendments: 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 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; r-} 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, P & Z Board Staff Report Groves of Detray- Corrective FLUM Amendment Page 2 [] 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. That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre. [] The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site- specific small scale development activity. [] The property that is the subject of a proposed amendment is not located within an area of critical state concern. ' The FLUM amendment involves approximately 1.2 acres, thus the total area is less than the 10 acre maximum. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties be-en granted a land use change within 200 feet, within the last year. The proposed amendment to MD (Medium Density Residential 5- 12 du/ac) is corrective. The MD land use designation allows multiple family developments and a multiple family structure exists on the subject property. The amendment does not involve a text change to the Comprehensive Plan, and deals with a site specific small-scale amendment activity. The property is not located within an area of critical concern. Land Use Analysis: Pursuant to Land Development Regulation 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 Future Land Use Map amendment being sought is to eliminate an existing ..inconsistency between the FLUM and zoning designations for the Groves of Delray. The subject property is part of a large multiple family development in which the land use and resulting structures are consistent with the proposed FLUM and zoning designations. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: ~ 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 P & Z Board Staff Repod Groves of Detray- Corrective FLUM Amendment Page 3 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, This area was never intended to be included within the Southridge/SW 4th Avenue Redevelopment Area. The current FLUM designation of Redevelopment Area #3 is inappropriate. This corrective amendment will apply a Future Land Use Map designation of MD reflecting the current use as a multiple family development. El Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan as it applies a Future Land Use Map designation that reflects the current use of the property. El Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The subject property is developed as a multiple family apartment complex with a density of close to 12 units per acre: Therefore, the project is currently developed at its highest intensity under the RM zoning designation. At the time of site plan approval, positive findings were made with respect to Concurrency. El Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Required findings of Compatibility were made at time of site plan approval and no intensification of the development is proposed with this amendment. El Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. The existing development complies with the provisions and requirements of the Land Development Regulations. The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. P & Z Board Staff Report Groves of Delray o Corrective FLUM Amendment Page 4 Courtesy Notices' Courtesy notices have been provided to PROD and Wood's of Southridge Homeowners Association. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and supporL if any, will be presented at the Planning and Zoning Board meeting. The existing FLUM designation of Redevelopment Area #3 was applied in error and is -inappropriate for the existing multiple family development. The proposed change from RDA-3 to MD will result in a FLUM designation, which corresponds with the built development. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan and Section 3.1.1 (A) of the Land Development Regulations. A. Continue with direction. B. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from RDA-3 to MD based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (A) of the Land Development Regulations. C. Recommend to the City Commission denial of the corrective Future Land Use Map amendment from RDA-3 to MD, based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (A) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the corrective Future Land Use Map amendment from RDA-3 to MD based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (A) of the Land Development Regulations. A~achment: Future Land Use Map TO: DAVIDT. HARDEN, CITY MANAGER ~A,'.n I~_ - t THRU: DIANE DOMINGUEZ, DIRECTOR~.OF PLANNING AND ZONII~G'~'~ FROM: JASMIN ALLEN, PLANNER : h~/7 SUBJECT: MEETING OF OCTOBER 19,4999 CITY INITIATED REZONING FROM I (INDUSTRIAL) TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) FOR THE SECURITY SELF STORAGE FACILITY LOCATED AT THE NORTHEAST CORNER OF LINTON BOULEVARD AND SW 4'" AVENUE :BACKGROUND ', The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 1.0 acre tract of the Security Self Storage Facility. The subject parcel was built in the County in 1980 as a self service storage facility. In 1988, the facility was annexed as a part of Enclave #34. Prior to annexation, the entire development, which contains 7.29 acres had a County designation of IL (Light Industrial) and was owned by Drexel Properties, Inc. (current owners). The facility had three separate parcel descriptions and upon annexation the 1.0 acre parcel (subject) was zoned LI (Light Industrial), while the remaining two parcels (containing 6.29 acres) were designated GC (General Commercial). With the adoption of the City's Comprehensive Plan in 1989, the entire development was included within a redevelopment area (Redevelopment Area #3) and designated as such on the Future Land Use Map. In 1990, with the Citywide rezoning associated with the approval of the Land Development Regulations, the subiect parcel was rezoned from LI (Light Industrial) to I (Industrial) with the remaining portion of the site rezoned to MIC (Mixed Industrial and Commercial) district. Currently, "self service storage facilities" are allowed as a conditional use in the MIC and LI zoning districts. The district boundary line bisects the northernmost building. Thus while the majority of the site is conforming with respect to the use of the property, that portion of the building which is zoned Industrial remains non-conforming. Since the zoning on the 1.0 acre tract was established by ordinance, a formal zoning change is required and is therefore being handled through a corrective rezoning. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of October 11, 1999, the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. No testimony was taken from the public. After closing the public hearing, the Board unanimously recommended approval of the rezoning on a 6 to 0 vote (McCarthy absent). By motion, approve on first reading the ordinance rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) and setting a public hearing date of November 2, 1999. Attachments: P & Z Staff Report and Documentation of October 11, 1999 Ordinance by Others ORDINANCE NO. 41-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED I (INDUSTRIAL) DISTRICT IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS A PORTION OF THE SECURITY SELF-STORAGE FACILITY SITE LOCATED AT THE NORTHEAST CORNER OF LINTON BOULEVARD AND S.W. 4TM AVENUE, 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 I (Industrial) District; and WHEREAS, at its meeting of October 11, 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 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 MIC (Mixed Industrial and Commercial) District for the following described property: A parcel of land in Section 20, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: The East 221.26 feet of the North 196.92 feet of the West Half (W h) of Lot 16, Subdivision of Section 20-46-43 (Plat Book 1, Page 4), as recorded in the Public Records of Palm Beach County, Florida. The subject property is commonly known as a portion of the Security Self-Storage Facility site located at the northeast corner of Linton Boulevard and S.W. 4th Avenue; containing one acre, 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. 41-99 PINE GROVE ELEMENTARY SCHOOL WILSON AVE. REIGLE AVENUE FALL RIDGE OF DELRAY STERLING AVENUE (J)r CENTRAL AVE. / DOUGLASS AVENUE SOUTHRIDGE ROAD COLLINS AV[NUE GULF STREAM COMMERCIAL CENTRE TARMAC LINTON TRUSS LIN TON RIDGE CONDO Bm THE SUNBELT PLA ZA HYDRAULICS A T ADELPHIA ~ BFI DELRA Y CABLE SECURITY SELF STORAGE ONE LIN TON BL VD. LIN TON BOULEVARD I ~o~o i~.~--~~F.~i I I/~/,~:~L-----/~ ~,o~1 BURGER - ~ THE ~ I O~ ~ ~LRAY BEACH. FL FROM: I (INDUSTRIAL) TO: MIC (MIXED INDUSTRI~ & COMMERCI~) P~NNING & ZONING DEPAR~ENT PLANNING AND ZONINGBOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 11, 1999 AGENDA ITEM: ~.D. ITEM' City Initiated Corrective Rezoning From I (Industrial) to MIC (Mixed Industrial & Commercial) For a Parcel of Land Located on the Northeast Corner of Linton Boulevard and S.W. 4th Avenue. GENERAL DATA: Owner ..................................... Drexel Properties, Inc. Applicant ................................. David T. Harden, City Manager City of Delray Beach, Florida Location .................................. Northeast corner of Linton Boulevard and S.W. 4th Avenue Property Size .......................... 1.0 Acre Land Use Map Designation .... Redevelopment Area # 3 Existing City Zoning ................ I (Industrial) Proposed City Zoning ............. MIC (Mixed Industrial & Commercial) Adjacent Zoning ............ North: I East: I South: MIC West: I Existing Land Use .................. Self Storage facility Proposed Land Use ................ Corrective Rezoning of the parcel to a more appropriate zoning designation for the use. Water Service ......................... N/A Sewer Service ......................... N/A ll.D. The item before the Board is that of making a recommendation on a City initiated corrective rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for a portion of the Security Self Storage Facility (189 Linton Boulevard), pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. I The Security Self Storage facility is located at the northeast corner of SW 4th Avenue and Linton Boulevard and contains approximately 7.29 acres. The proposal involves a 1.0 acre portion of the site which is located in the northeast quadrant of the development. The subject parcel was built in the County in 1980 as a self service storage facility. In 1988, the facility was annexed as a part of Enclave #34. Prior to annexation, the entire development had a County designation of IL (Light Industrial) and was owned by Drexel Properties, Inc. (current owners). The .facility had three separate parcel descriptions and upon annexation the 1.0 acre parcel (subject) was zoned LI (Light Industrial), while the remaining two parcels (containing 6.29 acre) were designated GC (General Commercial). With the adoption of the City's Comprehensive Plan in 1989, the entire development was included within a redevelopment area (Redevelopment Area #3) and designated as such on the Future Land Use Map. In 1990, with the Citywide rezoning associated with the approval of the Land Development Regulations, the subject parcel was rezoned from LI (Light Industrial) to I (Industrial) with the remaining portion of the site rezoned to MIC (Mixed Industrial and Commercial) district. In 1992, a non-impacting site plan modification was approved for the addition of a perimeter fence and landscape modifications. " On January 6, 1998, the Land Development Regulations were amended to add "self service storage facilities" as a conditional use in the MIC and LI zoning districts. While the majority of the site was made conforming with respect to the use of the property, that portion of the building which is zoned Industrial remained non-conforming. During the preparation of Comprehensive Plan Amendment #99-2, it was identified that the facility was located within two zoning districts and that the district boundary line bisected northernmost building. Where a zoning district boundary divides a lot, the zoning designation on the greater portion shall apply to the entire parcel. However, since the zoning on the 1.0 acre tract was established by ordinance, a formal zoning change is required and is therefore being handled through a corrective rezoning. P & Z Staff Report Security Self Storage Facility - Rezoning from I to MIC '- Page 2 P R O J E C ESC,R !P The request now before the Board is the corrective rezoning of the north projection of the Security Self Storage Facility from I (Industrial) to MIC (Mixed Industrial and Commercial). 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: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. In conjunction with Comprehensive Plan amendment 99-2, the FLUM (Future Land Use Map) designation is to be changed from RDA #3 (Redevelopment Area #3) to CMR Commerce. The existing I zoning is inconsistent with that land use designation. Further, self service storage facilities are not permitted in the I district. The proposed MIC zoning is consistent with the Commerce FLUM designation and allows self service storage facilities as a conditional use. The zoning change will result in consistency with respect to the existing use on the property. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and " provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach, The proposed rezoning is corrective, and no new development or redevelopment is proposed with this request. Based upon the above, the rezoning will not impact facilities as they pertain to water and sewer, drainage, traffic, parks or recreation, or solid waste. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the P & Z Staff Report Security Self Storage Facility - Rezoning from I to MIC Page 3 beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. Section 3.2.2 (Standards for Rezoning Actions): Standards A-C and E are not applicable. The applicable performance standards of Section 3.2.2 and other policies which apply are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is surrounded by the following zoning and land uses: to the north and east by I zoning (BFI); to the west by I zoning (^dlephia Cable offices) to the south by MIC zoning (Security Self Storage). The rezoning is corrective, and will result in the application of an appropriate zoning classification which is consistent with the zoning designation of the balance of the property and the associated use. This use has been at this location since 1980 and no new development is proposed. Based upon the above, positive findings can be made with respect to the applicable performance standards. 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; 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 reason for the rezoning is "a". Upon annexation the zoning designation was established in error, in that the self service storage facility was existing and operated as one business entity and that the district boundary line bisected an existing building. This corrective rezoning will result in the assigning of an appropriate classification for the existing use as well as consistency with respect to zoning designation for the entire parcel, and the proposed underlying CMR FLUM designation. P & Z Staff Report Security Self Storage Facility - Rezoning from I to MIC Page 4 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. The subject property is developed and no additional improvements are proposed with this request. The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Agency) or the Community Redevelopment Agency). Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Courtesy notices have been sent to: · Southridge Homeowners Association · Woods of Southridge Homeowners Association · PROD (Progressive Residents of Delray) Letters of objection or support, if any, will be presented at the P & Z Board meeting. The rezoning of the subject property is corrective and will result in consistent zoning identification of the overall development and associated land use. The proposed MIC zoning designation is consistent with the proposed CMR FLUM designation. The use on the property has existed at this site for many years and will not be affected by the zoning change. No new development or redevelopment is anticipated with this request. A. Continue with direction. B. Recommend approval of the rezoning request from I (Industrial) to MIC (Mixed Industrial and Commercial) for the Security Self Storage, based upon positive findings with respect to Section 3.1.1 (Required Findings) Section 3.2.2 (Standards for Rezoning Actions) and 2,.4.5(5)(a) of the Land Development Regulations, in that the zoning had been established in error. P & Z Staff Report Security Self Storage Facility - Rezoning from I to MIC Page 5 C. Recommend denial of the rezoning request from I (Industrial) to MIC (Mixed Industrial and Commercial) for Security Self Storage, with basis stated. L STAFF RECOMMENDATIO:N Recommend to the City Commission approval of the rezoning request from I (Industrial) to MIC (Mixed Industrial and Commercial) for the Security Self Storage, based upon positive findings with respect to Section 3.1.1 (Required Findings) Section 3.2.2 (Standards for Rezoning Actions) and 2,.4.5(5)(a) of the Land Development Regulations, in that the zoning had been established in error. Attachments: · Location Map · Existing Zoning/Site Layout Map PINEGROVE CF F ELEMENTARY SCHOOL WILSON AVE. FIM ~ · CENTRAL AVE. OF DELRA Y STERLING AVENUE DOUGLASS AVENUE SOUTHRIDGE ROAD GULF STREAM COMMERCIAL CENTRE C TA RMA C LIN TON TRUSS LIN TON I RIDGE ! CONDO BFI THE SUNBELT PLA ZA HYDRA ULIC$ A T ADELPHIA BFI DELRA Y CABLE POD PC ONE LIN TON BL VD. LIN TON BOULEVARD ROYAL SUN PALM COS TCO MOR TGA GE BURGER BANK KIN G L IN TON PC DELRAYINDUSTRIAL CENTER PARK I POC SOLID WASTE SAD ~o~ ~ THE LINCOLN MERCURY N SECURITY SELF STORAGE ~ ~ - BUILDING FOOTPRINTS CITY OF D£LRAY BEACH, FL PLANNING & ZONING DEPARTMENT · · - AREA PROPOSED FOR REZONING -- DIGITA~ ~4~E tAAP ~[£M -- MAP REF: LM38,3