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01-06-98 Regular DELRAY BEACH All-~eri~Ci~ JANUARY 6, 1998 -.6:00 P.M./PUBLIC HEARING 7:00 P.M. 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. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting January 6, 1998 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 December 2, 1997 Regular Meeting of December 9, 1997 6. Proclamations: A. Martin Luther King, Jr. Day - January 19, 1998 B. 50th Anniversary of the Rotary Club of Delray Beach - January 13, 1998 7. PresentationS: None 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/DELRAY LINCOLN MERCURY PLAT NO. 2: Approve the final plat for Delray Lincoln Mercury Plat No. 2. The subject property is located approximately 420 feet south of Linton Boulevard, between South Dixie Highway and South Pederal Highway. B. RESOLUTION NO. 1-98 (ALLEY ABANDONMENT/KENMONT SUBDIVISION): Adopt a resolution vacating and abandoning a 15 foot wide east/west alley right-of-way within Block 1, Kenmont Subdivision, located directly west of N.E. 9th Avenue and north of Bond Way, based upon positive findings. C. RESOLUTION NO. 2-98: Adopt a resolution supporting the Florida League of Cities, Inc.'s 1998 Constitution Revision Resolution. D. RESOLUTION NO. 3-98: Adopt a resolution supporting permanent and consistent funding for regional planning councils in the Governor's budget. -2- Regular Commission Meeting January 6, 1998 E. RESOLUTION NO. 4-98: Adopt a resolution in support of the Western Communities Council's request that the Board of County Commissioners invite the Treasure Coast Regional Planning Council to participate in future planning for the central western communities of Palm Beach County. F. RIGHT-OF-WAY USE PERMIT FOR TCG SOUTH FLORIDA: Approve a Permit Agreement between the City and TCG South Florida for use of the City's rights-of-way in order to provide telecommunications services within the City, until such time as the City revises its telecommunications ordinance. G. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $54,585.40 for three income eligible applicants under the Delray Beach Renaissance Program, with funding from HOME (118-1923-554- 83.01) and SHIP (118-1924-554-83.01). H. REOUEST FOR FINAL PAYMENT/EAGLE METAL FABRICATORS, INC.: Approve final payment in the amount of $4,898 to Eagle Metal Fabricators, Inc. for painting of the structural frames of the 100 foot Christmas tree, with funding from 334-6112-519-46.90. I. REOUEST FOR FINAL PAYMENT/MURRAY LOGAN CONSTRUCTION: Approve final payment in the amount of $150,884.99 to Murray Logan Construction, Inc. for the miscellaneous barrier island pump stations and drainage improvements project, with funding from 440-5179-536-63.61, 441-5122-536-34.90, 442-5178-536-61.46/ 61.78/61.84 & 63.90, and 448-5411-538-62.35. J. RATIFICATION OF APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Ratify the appointment of Grant A. Edwards to the Kids and Cops Committee as a citizen-at-large to fill an unexpired term ending April 22, 1998. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board during the period December 8, 1997 through January 2, 1998. L. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $12,054.60 to Municipal Equipment Company via Lee and Collier Co-op Bid for the purchase of 18 sets of protective bunker gear for the Fire Department, with funding from 001-2315-526-52.22 and 001-2311-522-52.22. 9. Regular Agenda: A. RESOLUTION NO. 5-98 (RESOLUTION OF NECESSITY FOR WOODS OF SOUTHRIDGE ROAD IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT): Consider approval of a resolution declaring the necessity for public roadway improvements within the Woods of $outhridge Subdivision and directing the establishment of a special 3 Regular Commission Meeting January 6, 1998 assessment district to defray a part of the expense for the public improvements. B. AGREEMENT WITH NEW JERUSALEM CHURCH OF GOD IN CHRIST/ CONDITIONAL CERTIFICATE OF OCCUPANCY: Consider approval of an agreement with the New Jerusalem Church of God in Christ to provide for a conditional certificate of occupancy in conjunction with a phased approach to the completion of required improvements without having to post a bond. C. RESOLUTION NO. 6-98: Consider approval of a resolution authorizing the Community Redevelopment Agency to acquire by gift, purchase or eminent domain certain real property located within Block 28, Town of Delray. D. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board's decision to deny the Certificate of Appropriateness for the design of a new single family residence at 327 S.E. 7th Avenue in the Marina Historic District. QUASI-JUDICIAL PROCEEDING E. SPECIAL EVENT APPROVAL/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for the Art & Jazz scheduled for January 29, 1998, to include temporary use permits for rights-of-way and associated street closures, staff support including consideration of overtime costs, use of City equipment, and use of pedi-cabs with restrictions. F. SERVICE AUTHORIZATION #2/ROBERT G. CURRIE PARTNERSHIP, INC.: Consider approval of Service Authorization #2 in the amount of $32,775.00 to Robert G. Currie Partnership, Inc. for preparation of construction documents for the Lakeview Golf Course Clubhouse, with funding from 446-4761-572-62.10. G. CONTRACT ADDITION/O'CONNOR & TAYLOR, INC.: Consider approval ot a contract addition to the City Hall Envelope Project contract with O'Connor & Taylor, Inc. for construction of the ticket booth and office building on the Tennis Center site, in the amount of $191,783.00 from 334-4125-572-62.10. H. CHANGE ORDER ~2/MOLLOY BROTHERS, INC.: Consider approval of Change Order #2 in the amount of $31,622.14 to Molloy Brothers, Inc. for final quantity adjustments and miscellaneous changes on the S.E. 4th Avenue Roadway Improvements project, with funding from 440-5179-536-63.62, 448-5411-538-63.62, and 228-3162-541-61.94. I. CONTRACT ADDITION (C.O. ~3)/MOLLOY BROTHERS, INC.: Consider approval of a contract addition (C.O. #3) in the amount of $72,704.69 with Molloy Brothers, Inc. under the S.E. 4th Avenue Roadway Improvements contract for emergency manhole and force main replacement on Lake Ida Road at Sunflower Avenue, with funding from 442-5178-536-63.51. Regular Commission Meeting January 6, 1998 J. AMENDMENT NO. 4 TO SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT WITH BFI: Consider approval of Amendment No. 4 to the Solid Waste and Recycling Collection Franchise Agreement with BFI Waste Systems of North America, Inc. (BFI) to allow BFI to change the bulk trash collection day from the first refuse collection day of the week to the second refuse collection day of the week in certain areas of the City. K. SETTLEMENT PROPOSAL/SEAN DERUISE V. CITY OF DELRAY BEACH ET AL: Consider settlement of the referenced matter as recommended by the City Attorney. L. SETTLEMENT PROPOSAL/ALBERTA MORRIS & WILFRED MORRIS V. CITY OF DELRAY BEACH AND CHARLES McCUTCHEON: Consider settlement of the referenced matter as recommended by the City Attorney. M. INTEREST IN CONSIDERATION FOR MUNICIPAL LEAGUE APPOINTMENT TO BUSINESS COUNCIL SUBCOMMITTEE OF SCHOOL-TO-WORK COMMITTEE: Consider a request from the Municipal League for letters of interest to be considered for appointment as the Municipal League representative to the Business Council Subcommittee of the School-to-Work Committee. N. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member (real estate position) to the Code Enforcement Board for a three year term ending January 14, 2001. The appointment will be made by Mayor Alperin. O. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint a member to the Public Employees Relations Commission for a four year term ending January 29, 2002. The appointment will be made by Commissioner Ellingsworth. 10. Public Hearings: A. ORDINANCE NO. 47-97: An ordinance rezoning a portion of the Yake property from RL (Low Density Residential/3-6 units per acre) to RM-8 (Medium Density Residential/5-8 units per acre). The subject property is located approximately 850 feet east of North Federal Highway, north of Denery Lane, south of Royal Palm Boulevard, and immediately west of and adjacent to the Intracoastal Waterway. QUASI-JUDICIAL HEARING B. SALE OF CITY-OWNED PROPERTY/NEWMAN: Consider approval of the Contract for Sale and Purchase between the City and Richard Newman for a 40 ft. x 136 ft. vacant lot (Lot 29, Block B, Tourist Nook) located on N.W. 8th Avenue between 2nd and 3rd Streets. C. SALE OF CITY-OWNED PROPERTY (HOPE 3 PROGRAM): Consider approval of the Contract for Sale and Purchase between the City and an income eligible homebuyer (Carter) for property located at 515 S.W. 5th Avenue, through the HOPE 3 Program. -5- Regular Commission Meeting January 6, 1998 D. ORDINANCE NO. 52-97: An ordinance amending Appendix "A", "Definitions", of the Land Development Regulations by establishing a definition for 'Self-Service Storage Facility'; amending LDR Section 4.3.3 to establish specific requirements for self-service storage facilities; and amending Section 4.4.19, "Mixed Industrial and Commercial District", and Section 4.4.26, "Light Industrial District", to allow self-service facilities as a conditional use in those zone districts. E. ORDINANCE NO. 53-97: An ordinance amending Chapter 135, "Abatement of Nuisances", of the City Code to empower the Nuisance Abatement Board with the full range of authority granted by state law. 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. 1-98: An ordinance restating and amending Ordinance No. 64-92 and Ordinance 11-96 which comprise the SAD (Special Activities District) zoning ordinance for the Waterford Place/Delint Development of Regional Impact (DRI), by incorporating any existing conditions of the Waterford Place/Delint DRI into the SAD zoning district and establishing conditions for further development. If passed, a quasi-judicial public hearing will be scheduled for January 20, 1998. B. ORDINANCE NO. 2-98: An ordinance amending the Redevelopment Plan of the Community Redevelopment Agency, including the Sub Area Plan for West Atlantic Avenue. If passed, a public hearing will be scheduled for January 20, 1998. C. ORDINANCE NO. 3-98: An Ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to adjust the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge for 1998. If passed, a public hearing will be scheduled for January 20, 1998. D. ORDINANCE NO. 4-98: An ordinance amending Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26(H) (3), "Special District Regulations", of the Land Development Regulations to reduce the minimum floor area allocated per tenant or bay from 4,000 sq.ft, to 2,000 sq.ft, in the LI zone district. If passed, a public hearing will be scheduled for January 20, 1998. E. ORDINANCE NO. 5-98: An ordinance amending the Land Development Regulations Section 6.1.3(C) "Sidewalk Construction --6-- Regular Commission Meeting January 6, 1998 Requirements" and Section 6.1.4(C) "Driveway Construction Requirements" If passed, a public hearing will be scheduled for January 20, 1998. F. ORDINANCE NO. 6-98: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.23, "Bulk Trash", to provide that bulk trash may be collected on either the first or second refuse collection day. If passed, a public hearing will be scheduled for January 20, 1998. G. ORDINANCE NO. 7-98: An ordinance amending Chapter 50, "Utilities Generally; Public Service Tax", of the City Code to comply with changes made in the state law regarding the record keeping requirements and procedures for taxation of telecommunication services. If passed, a public hearing will be scheduled for January 20, 1998. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -7- WHEREAS, Dr. Martin Luther King, Jr. was born on January 15, 1929, in Atlanta, Georgia, and dedicated his life to all Americans being able to enjoy the freedom guaranteed every citizen under the United States Constitution; and WHEREAS, January 19, 1998, will be observed as Martin Luther King, Jr. Day in honor of the memory and ideals of Dr. King; and WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain equality of opportunity for all Americans; and WHEREAS, Martin Luther King, Jr. was instrumental in the advancement of equality for all Americans; and WHEREAS, January 19th should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 19, 1998, as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifice made by Dr. King on behalf of all Americans and join in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the world. 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 6th day of January, 1998. MAYOR JAY ALPERIN SEAL WHEREAS, on January 13, 1948, the Rotary Club of Delray Beach, Florida, formed by a group of community leaders, received its charter from Rotary International; and WHEREAS, since its inception, the Rotary Club of Delray Beach has exemplified the high ethical standards of Rotary in encouraging and fostering the ideal of service as a basis of worthy enterprise and in fulfilling its official motto: "Service Above Self"; and WHEREAS, in all human relations and endeavors, members of the Rotary Club of Delray Beach have been guided by the Rotary 4-Way Test: "Is it the truth? Is it fair to all concerned? Will it build goodwill and better friendships? Will it be beneficial to all concerned?"; and WHEREAS, throughout the past 50 years, the membership of the Rotary Club of Delray Beach has reflected good citizenship, outstanding leadership and high moral purpose in maintaining a deep involvement in its four avenues of service: Club Service, Vocational Service, Community Service, and International Service, and, together with its charities organization, Delray Beach Rotary Fund, Inc., has made substantial contributions for the benefit of others such as: Assistance to youth activities, including Little League, Boy and Girl Scouts, school patrols and other youth organizations. Many thousands of dollars in college scholarships to deserving Atlantic High School graduates. Original catalyst for the construction of the Aquacrest swimming pool. Assisting in the rehabilitation of older homes for the less fortunate. Over $50,000.00 to Rotary International's PolioPlus Program to immunize the children of the world and help control polio worldwide by the year 2005. Contributions to many other charitable and community organizations and activities. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim January 13, 1998 as the 50th ANNIVERSARY of the ROTARY CLUB OF DELRAY BEACH and encourage all the residents to support this service organization in their endeavors to be of service to our citizens and fellowman. 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 6th day of January, 1998. MAYOR JAY ALPERIN MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'~/I SUBJECT: AGENDA ITEM # ~'~- REGULAR MEETING OF JANUARY 6, 1998 FINAL PLAT APPROVAL/DELRAY LINCOLN MERCURY PLAT NO. 2 DATE: DECEMBER 31, 1997 This is before the Commission for final plat approval for Delray Lincoln Mercury Plat No. 2. Essentially, this is a replat of the subject property to include additional properties incorporated with the expansion of the dealership. The original plat consisted of Tract "A". With the replat, the plat consists of Tracts "A", "B", "C" and "D". The expansion proposal for the Lincoln Mercury dealership was submitted to the Site Plan Review and Appearance Board as a major site plan modification on November 20, 1996. The request, including architectural elevations and landscaping, was approved by SPRAB, subject to a condition that the property be replatted. Ail applicable permits have been received and staff comments addressed. Recommend approval of the final plat for Delray Lincoln Mercury Plat No. 2. ref:agmemo6 Agenda Item No. AGENDA REOUEST Date: Dec. 29, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Jan. 6, 1998 Description of item (who, what, where, how much): Approval of Delray Lincoln Merq~y Plat No. 2. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Delray Lincoln Mercury Plat No. 2. 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/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved BC/gm File: tac-lincmerc agenda.doc MEMORANDUM TO: David T. Harden City Manager FROM: Barron Caronite;~ ~/ Engineer I ~/k-/x SUBJECT: DELRAY LINCOLN MERCURY PLAT NO. 2 DATE: December 29, 1997 Attached is an agenda request for Commission approval of Delray Lincoln Mercury Plat No. 2. The subject project received site plan approval on November 20, 1996. A condition of the site plan approval was to re-plat the subject project to include the additional properties for the expansion of the existing dealership. The original plat consisted of Tract "A". With the re-plat, Tract "B", Tract "C", and Tract "D" have been added to the plat. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the January 6, 1998 Commission meeting for Commission approval. BC/gm attachment cc: TAC-DELRAY LINCOLN MERCURY Janet Meeks, Senior Planner file: s/eng/eng/tac/lincmerc/fnlpltsb.doc ,//~//~ TREE LANE LINTON BOULEVARD oo~/ooo <~ 0 Z ENVIRONMENTAL SERVICES DEPARTMENT LINCOLN MERCURY PlAT #2 ,,,,~,,o Il ..... -._ / ~ soera swnero~ A~, ~mU~ ~AC~ ~0~ ~ 98-~oo 1 of 1J[ CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 20, 1996 :AGENDA ITEM: V.B. ITEM: Major Site Plan Modification, Elevations, and Landscaping for the expansion of Delray Lincoln Mercury, an automobile dealership located at 2102 S. Federal Highway. Owner/Applicant ............................ Delray Lincoln Mercury ',~'' Agent ............................................. Debra Oster ~ ~L____.~~/'~_. Jerry Turner & Associates of IL I N T 0 N B L V D. NA ]"IONS Flodda, Inc. LINTON Location ......................................... Approximately 420 feet south of Linton Boulevard, and is situated between S. Dixie Highway and S. Federal Highway. Property Size ................................. 13.85 acres .................... Current AC (Automotive Commercial) Zoning ............................... Adjacent Zoning ............... North: PC (Planned Commercial) East: PC and AC South: AC West: CF (Community Facility), I (Industrial), and OSR (Open Space and Recreation) Existing Land Use .... ::.., ............... Automotive Dealership and Vacant Land Proposed Land Use...~ ............... ~,.. Addition of a 1,076 sq. ft. Used Car facility to tract C along with associated parking and landscaping. Water Service ........................... Existing on site. Sewer Service .......................... Existing on site. II, The action before the Board is approval of a major site plan modification request pursuant to LDR Section 2.4.5(G). The request involves the following elements as they pertain to Delray Lincoln Mercury dealership. major site plan modification; architectural elevations; and landscape plan. The subject property is located south of Linton Boulevard on the west side of Federal Highway. Delray Lincoln Mercury was established in 1960 and expanded a number of times through the 1960's and 1970's. In 1986, a body shop was added. In 1987, a 2.71 acre parcel located to the south of the existing site was annexed into the City and incorporated into the site. In 1988, a car wash and auto preparation facility were added to the site, and as a condition of approval, a plat of the property was required. The plat of Delray Lincoln Mercury was approved and recorded in 1992. The plat divided the site into two tracts; Tract "A" an 11.12 acre parcel containing the auto dealership; and Tract "B" a 1.21 acre parcel, which contained a building housing a restaurant and nightclub (located at the northeast corner of the site). In 1990, a site plan modification was approved for 18,206 square feet of building additions to Tract "A", and the designation of Tract "B" as phase II. With this modification, the site was upgraded to meet current landscape code requirements. In 1993, a second floor addition to the showroom was approved, which has since been constructed, and the dealership proposed a further expansion onto a 1.7 acre parcel to the north known as Tract "C". A rezoning from PC (Planned Commercial) to AC (Automotive Commercial) for the 1.7 acre parcel was approved. The restaurant structure on Tract "B" was demolished in 1994. At its meeting of June 28, 1995, the Site Plan Review and Appearance approved a site plan for Tract "B" for the addition of 109 parking spaces. SPRAB Staff Report Site Plan, Elevations and Landscaping for Delray Lincoln Mercury Page 2 In August of 1995, a boundary plat was submitted for Tract "C" known as Delray Lincoln Mercury Plat No. 2. The plat was reviewed for technical compliance. One of the comments required that prior to final plat approval a site plan was required to identi~ site design aspects that may effect the plan i.e. drainage, utility and cross-access easements, etc. In October of 1995, a non-impacting site plan modification was approved for Tracts "A" and "B" which involved miscellaneous parking lot and landscape modifications. With this modification the area along Federal Highway was redesigned to accommodate the required 25' landscape strip. At its meeting of June 28, 1995, the Board approved a major site plan modification for the addition of a 7,800 square foot service building, a 4,800 square foot one-stow auto detail building to Tract A, and additional bullpen and employee parking on Tract Co The service building and detail building have been constructed, however construction of the parking on Tract C has not occurred. The request now before the Board is approval to allow the construction of a new used car facility on Tract C along with associated parking and landscaping. PROJECT DESCRIPTION: The site currently contains a metal frame building which is located in the northwest corner of the site with access from Dixie Highway. The balance of the site is vacant. The development proposal includes the addition of a 1,076 square foot used car facility on Tract C. In addition, display, bullpen, customer, and employee parking areas, along with associated landscaping will be provided. Some of the customer and display parking will be located on Tract A immediately south of Tract C. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: LDR Section 4.3.4(K) Development Standards Matrix: The proposal meets the development standards as listed in the Development Standards Matrix, however setbacks and open space requirements are discussed below. SPRAB Staff Report Site Plan, Elevations and Landscaping for Delray Lincoln Mercury Page 3 Setbacks: Existing Building: An existing 2,400 square foot metal building is located at the northwest corner of the Tract C and is to be retained for storage purposes. The required front yard setback in the AC zone district is 10' and the existing building has a zero setback. The non-conforming front yard setback resulted after right-of-way dedications were made for Dixie Highway. The building was recently painted with the last modification and no further improvements are being proposed. Pursuant to LDR Section 1.3.6 repair work on non-conforming structures cannot exceed 15% of the current replacement cost of the structure. This requirement will limit any future improvements to this structure. Proposed Building: The proposed building meets all the setback requirements as outlined in the Development Standards Matrix with the exception of the side interior setback, which straddles the southern property line between Tracts A and C. As Tract C will be tied to Tract A through a Unity of Title (discussed later in this report), this situation is acceptable. Open Space: A minimum of 25% of the site must be provided in non-vehicular open space, and 25% of open space has been provided for Tract C. Tract A is deficient with respect to meeting open space requirements (Tract A provides 17.6%). The proposed parking on Tract A will be located on an existing paved area (bullpen parking) which is to be restriped for customer and display parking. Thus, there will not be an increase in the non-conforming open space situation on Tract A. LDR Chapter 4.6 Supplementary_ District Regulations: Parking: Pursuant to LDR Section 4.6.9(C)(3)(f), automobile dealerships are to provide 1.5 spaces per service bay, and 2 spaces per 1,000 square feet of floor area for customer and employee parking (less indoor display area). Based on the above, 3 spaces are to be designated for employee and customer parking and 13 are being proposed. The balance of the spaces are designated for display parking. Parking for the dealership on an overall basis exceeds the code requirements. SPRAB Staff Report Site Plan, Elevations and Landscaping for Delray Lincoln Mercury Page 4 Lighting: No lighting has been noted on the site plan or the landscape plan. A photometric plan, the location of the lights, and'a detail of the lighting fixture with a note pertaining to its overall height meeting requirements of LDR Section 4.6.8 is required and has been attached as a condition of approval. Other Issues: Internal Circulation: The dead-end parking bay located south of the building should be eliminated and a connection made to the adjacent driveway. This will provide better internal circulation. This item has been attached as a condition of approval. Recordation of the Plat: As stated previously, a plat for Tract C was submitted in the fall of 1995, however that plat was put on hold pending the submission of a site plan for Tract C. Recordation of the plat prior to issuance of building permits has been attached as a condition of approval. Unity of Title: As Tract C will be a separately platted parcel of land and the proposed structure straddles a property line, Tract C must be tied to the Delray Lincoln Mercury dealership through a Unity of Title. A Unity of Title was submitted, however was not a recorded copy. Prior to issuance of building permits a recorded copy of the Unity of Title must be provided. This item has been attached as a condition of approval. Sidewalks:~ Pursuant to Section 6.1.3(B)(1), a 5' sidewalk is required along that portion of Tract C that fronts on Dixie Highway. With auto dealerships along this corridor including the balance of Delray Lincoln Mercury, the requirement to install sidewalks has been waived. Appropriate findings were made to waive the sidewalk requirement along Tract C with the last approval, thus it is not necessary to again waive this requirement. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted. SPRAB Staff Report Site Plan, Elevations and Landscaping for Delray Lincoln Mercury Page 5 Land Use Element Policy A-2.4 - Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suits the community's future development, the following shall be adhered to: Auto related uses shall not be permitted in the CBD Zone District or within the geographic area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue. Automobile dealerships may locate and/or expand west of Federal Highway, or between the one-way pair system (except as restricted above). Automobile dealerships may locate and/or expand east of Federal Highway, only north of N.E. 6th Street, except within the area lying east of Federal Highway north of N.E. 8th Street, or parcels fronting on N.E. 8th Street, and south of the north border of the Flea Market property. Within such excluded area, automobile dealerships may not locate or expand. New dealerships shall not locate nor shall existing dealerships expand south of N.E. 6th Street provided however, that automobile dealerships south of N.E. 6th Street may expand onto adjacent property which is currently in an auto related use and which is zoned to allow such use. Auto related uses which involve the servicing and repair of vehicles, other than as a part of a full service dealership, shall be directed to industrial/commerce areas. The development proposal is consistent with this Policy, as the subject property is located west of Federal Highway and is not within a restrictive geographical area identified above. Delray Lincoln Mercury is a full service dealership, thus there are no concerns with the addition of a building for the purpose of selling used cars or the associated parking which is an accessory use to the dealership. Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need be addressed prior to building permit submittal. 1. Clarify what the dashed iines are located to the south and east of the building, 2. Provide design basis and calculations for exfiltration trench. SPRAB Staff Report Site Plan, Elevations and Landscaping for Delray Lincoln Mercury Page 6 3. Show utility connection points for water and sewer to new building. 4. Indicate how trash removal will be accommodate i.e. dumpster location or roll out carts. The employee parking area will be screened by a continuous Cocoplum hedge, and Mahogany or Black Olive trees at 20' on center. The bullpen area will be screened along the northern property line by a continuous Cocoplum hedge and existing Ficus trees and Reclinatas. Sabal Palms and Fakahatchee Grass are to be provided at the southwest corner of the existing building along Dixie Highway. Mahogany trees under planted with a continuous Cocoplum hedge will be provided adjacent to the western property line along Dixie Highway. Crotons, Wax Jasmine, Alexander Palms, and annuals are to be utilized as foundation plantings around the new structure. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. Sod and Irrigation is to be provided within the right-of-way of Dixie Highway. Indicate on the plans that it is either existing or that it will be installed as part of these improvements. 2. The landscape plans indicate that over 21 Mahogany Trees will be relocated to new locations on the site. Please identify where these trees will be moved from. The symbols for existing trees to be relocated only appears in two locations on the plans. The building will be constructed of concrete block with a stucco finish and contains a mansard type roof with Spanish "S" tile. A raised stucco band will be provided along the top and bottom of the fascia. Storefront windows will be provided along the west elevation. The side and rear elevations are somewhat plain, but are only visible in.ternally from the dealership, thus there are no concerns with those elevations. The colors include a red barrel tile roof, brown accents, and off-white walls. The proposed architectural style and color of the building is architecturally compatible with the other buildings located throughout the dealership. SPRAB Staff Report Site Plan, Elevations and Landscaping for Delray Lincoln Mercury Page 7 Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1 (A) - Future Land Use Map: The subject property has a Future Land Use Map designation of General Commercial, and is currently zoned AC (Automotive Commercial). Pursuant to LDR Section 4.4.10(B)(1), within the AC zoning district, full service automotive dealerships are allowed as a permitted use. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Section 2.4.5 (F)(5) - Compatibility_ (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not cause substantial depreciation of property values. SPRAB Staff Report Site Plan, Elevations and Landscaping for Delray Lincoln Mercury Page 8 Tract C is bordered on the south by the existing auto dealership, on the north and east by commercial developments, and on the west by the railroad tracks and industrial warehouses. The development of the site as an expansion to the dealership should not have any detrimental effects on surrounding properties. In fact the proposal should have a positive effect on the area by improving the appearance of the site through increased landscaping. The development proposal is not located in an area which requires review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). The proposal includes the addition of a new used car facility to an existing full service automobile dealership. The expansion of the auto dealership is consistent with the zoning and Future Land Use Map designation of the subject property. Positive findings can be made with regard to concurrency and Comprehensive Plan consistency. The specific findings required by LDR Section 2.4.5(G)(5), can also be made. A. Continue with direction and concurrence. B. Approve the site plan, landscape plan and architectural elevations for Delray Lincoln Mercury based on positive findings with respect to Chapter 3 (Performance Standards), Section. 2.4.5(G)(5) (Finding of Compatibility) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. C. Deny the site plan, landscape plan, and architectural elevations with basis stated. By Separate Motions: SPRAB Staff Report Site Plan, Elevations and Landscaping for Delray Lincoln Mercury Page 9 Site Plan: Approve the site plan for Delray Lincoln Mercury based on positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(G)(5) (Finding of Compatibility) of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: That site lighting be provided on Tract C that meets LDR requirements setforth in Section 4.6.8; That a driveway connection be made between the dead-end parking bay and the adjacent driveway. That Delray Lincoln Mercury Plat No. 2 be recorded prior to issuance of building permits; and That a recorded Unity of Title which ties Tract C to the Delray Lincoln Mercury dealership be provided prior to issuance of building permits. That the technical items listed on Page 5 and 6 of this staff report be addressed prior to submittal of building permits. Landscape Plan: Approve the landscape plan for Delray Lincoln Mercury based on positive findings with respect to Section 4.6.16 of the Land Development Regulations subject to the condition that the technical items as listed on Page 6 of this staff report be addressed prior to submittal of building permits. Elevations: Approve the proposed elevations for Delray Lincoln Mercury based on positive findings with respect to LDR Section 4.6.18. Attachments: Appendix A Appendix B Site Plan Landscape Plan SPRAB Staff Report Site Plan, Elevations and Landscaping for Delray Lincoln Mercury Page 10 Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use 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 for the following areas: _Water and Sewer_: Water and sewer plans were not provided with the proposal, however it is anticipated that the new building will be serviced via on-site mains. The proposed 1,079 square foot building will have a minimal impact on water and sewer demands as it relates to this level of service standard. .Streets and Traffic: The applicant submitted a traffic statement which indicates that 1,079 square foot building will generate 52 Average Daily Trips (ADT), and does not significantly impact the adjacent roadway link. The statement concludes that the project meets or exceeds the requirements of Palm Beach Traffic Performance Standards. As the project generates less than 200 ADT, it doe not need to be approved by Palm Beach County. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The proposed 1,079 square foot building additions will generate 4.96 tons of solid waste per year. Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. ~: Drainage will be accommodated on site via exfiltration trenches and swales, thus there should be little or no impact on drainage as it relates to this level of service standard. SPRAB Staff Report Site Plan, Elevations and Landscaping for Delray Lincoln Mercury Page 11 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent This standard will need to be reevaluated once a !ighting plan has been provided. B. Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with objective D-1 of the Traffic Element. Not applicable Meets intent of standard X Does not meet intent C. Open Space enhancements described in Open Space and Recreation Objective B-I, are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. Not applicable X_ Meets intent of Standard Does not meet intent SPRAB Staff Report Site Plan, Elevations and Landscaping for Delray Lincoln Mercury Page 12 E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. In order to provide for more balance demographic mix, the development of "large scale adult oriented communities" on the remaining vacant land is discouraged. Not applicable __X Meets intent of standard Does not meet intent P.'OZ __ 997 2396 ~- Nov-13-96 10:03A General Landscape ' Nov-13-96 lO:04A G~neral Landscap~ 997 2396 P.03 ' }U MALL HARBOUR$ SE RITY /o<-q'"~/ OLD HARBOUR I EDGE LIN ON BOULEVARD NATIONS ROYAL SUN BANK BANK MORTGAGE CENTER BURGER ~c CLEARY ST. STREET AREA OF ~o~,c .~. ~LLER MODIFICATION ~ FIELD ~ BOLENDER STREET DAN BURNS MILLER OLDSMOBILE ALLAM AN DA DRIVE PARK ED MORSE CADILLAC BANYAN DRIVE SHERWOOD A~. c PON TIA C DELRA Y PALZA CYPRESS DRIVE N ~ DELRAY LINCOLN MERCURY PLANNINC DEPARTMENT CI~Y OF' DELRAY B~ACH. FL -- O/clrAL EASE flAP SYSTEM -- MAP REF: LM020 · That the trees are maintained according to the pruning standards for the National Arborists Association, and the Land Development Regulations, per the City Horticulturist. Mr. Sheremeta stepped back to the Board. B. Delray Lincoln Mercury; 2102 South Federal Highway; Major Site Plan Modification, Landscaping and Architectural Elevations for the Addition of a Used Car Facility to an Existinq Car Dealership; Debra Turner, Authorized Agent. The item before the Board is approval of a major site plan modification, architectural elevations, and landscape plan for Delray Lincoln Mercury. Ms. Meeks summarized the history and presented the item to the Board through a review of the staff report. The site currently contains a metal frame building which is located in the northwest corner of the site with access from Dixie Highway. The balance of the site is vacant. The development consists of the construction of a 1,076 square foot used car facility on Tract "C" along with associated parking and landscaping. Ms. Debra Turner presented renderings and stated that she agreed with all the conditions of approval except, "That a driveway connection be made between the dead-end parking bay and the adjacent driveway". The reason being that the dead-end parking bay is to be a customer service area only. The Board was supportive of eliminating this condition of approval. It was moved by Ms. Andrews, seconded by Mr. Sittler and passed 6-1(Mr. Sheremeta dissenting) to approve the site plan for Delray Lincoln Mercury based on positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(G)(5) (Finding of Compatibility) of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: That site lighting be provided on Tract "C" that meets LDR requirements setforth in Section 4.6.8; El (DELETED) That a driveway connection be made between the dead- end parking bay and the adjacent driveway; That Delray Lincoln Mercury Plat No. 2 be recorded prior to issuance of building permits; - 6 - 11/20/96 That a recorded Unity of Title which ties Tract "C" to the Delray Lincoln Mercury dealership be provided prior to issuance of building permits; and, That the Technical Items listed in the staff report be addressed prior to submittal of building permits. It was moved by Mr. Carter, seconded by Mr. Pakradooni and passed 7-0 to approve the landscape plan for Delray Lincoln Mercury based on positive findings with respect to Section 4.6.16 of the Land Development Regulations subject to the condition that the Technical Items listed in the staff report be addressed prior to submittal of building permits. It was moved by Ms. Shutt, seconded by Mr. Sittler and passed 7-0 to approve the elevations for Delray Lincoln Mercury based on positive findings with respect to LDR Section 4.6.18. C. Kwik Stop Market; N.E. Corner of Lake Avenue and Dixie Highway; Site Plan. Landscape Plan, and Architectural Elevations for a Proposed Convenient Store and Coin Laundromat. QUASI-JUDICIAL HEARING Chairman Sheremeta stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The Secretary of the Board swore in those individuals who wished to give testimony on this item. Ms. Meeks, Senior Planner, entered the project file, No. 96-258-SPF-SPR and a listing of pertinent documents into the record. She presented the item to the Board through a review of the staff report, which involved approval of a site plan, building elevations, and landscape plan for Kwik Stop Market. The proposal is to establish a convenience store and laundromat which incorporates the following: Construction of a 2,856 sq. ft. one story building (2,142 sq. ft. convenience store and 714 sq. ft. laundromat); Thirteen (13) parking spaces with two (2) entrance drives; [] Construction of a dumpster enclosure; Landscaping of the site. - 7 - 11/20/96 THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: CLAIRE LYTE;(3RAHAM, PLANNER SUBJECT: MEETING OF JANUARY 6, 1998 **CONSENT AGENDA** ABANDONMENT OF AN EASTNVEST ALLEYWAY The requested of the City Commission is approval of the proposed abandonment of an unimproved east/west alley located within Block 1, Kenmont Subdivision. The subject right-of-way is located directly west of N.E. 9th Avenue and north of Bond Way. The area proposed for abandonment is approximately 1,980 sq. ft. (15' x 132'), and was dedicated with the recordation of the Kenmont Subdivision in December, 1945. Since the entire dedication was made by this subdivision, once abandoned the entire alley will revert back to Lot 18 directly to the south. The subject abandonment is being requested to enlarge Lot 18 and make it conforming with respect to lot area and lot width. The attached P & Z staff report contains additional background and analysis of the request. The Planning and Zoning Board considered this request at its meeting of November 17, 1997, and unanimously recommended approval on a 5-0 vote, with conditions that a replacement easement be provided to cover an existing east/west utility line adjacent the north side of the alley and the survey be revised to show this utility line. Replacement easements and a revised survey have been provided. Q By motion, approve the abandonment of the east/west alley through the enactment of Resolution 1-98. Attachment: · Revised Survey, Planning and Zoning Staff Report RESOLUTION NO. 1-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A FIFTEEN FOOT WIDE EAST/WEST ALLEY RIGHT-OF-WAY WITHIN BLOCK 1, KENMONT SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGE 65 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED DIRECTLY WEST OF N.E. 9TH AVENUE AND NORTH OF BOND WAY, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, an application for abandonment of a fifteen foot (15') wide east/west alley right-of-way lying within Block 1, Kenmont Subdivision, located directly west of N.E. 9th Avenue and north of Bond Way, as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of a portion of said alley right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6 (0)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed this matter at a public hearing on November 17, 1997, and voted unanimously to recommend approval of the abandonment, based upon positive findings pursuant to LDR Section 2.4.6(0) (5); and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0) (5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1o That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: That portion of the 15 foot alley right-of-way lying north of and adjacent to Lot 18, Block 1, KENMONT, according to the Plat thereof as recorded in Plat Book 20, Page 65, of the Public Records of Palm Beach County, Florida. Containing 0.15 acre, more or less. PASSED ~ ~OPTED in regular session on this the 6th day of January, 1998. ATTEST: - 2 - Res. No. 1-98 cfi ~ LAKE AVENUE S. DENERY LANE BOND WAY WITHERSPOON LANE McKEE LN. / GEORGE BUSH BOULEVARD N ~ - ABANDONMENT- ~1~ OF DELRAY BEACH, FL (PORTION OF ALLEYWAY WITHIN BLOCK 1, KENMONT SUBDIVISION) PLANNING & ZONING DEPARTMENT ---- [}lC. IFA ~A~E At~P ~Y~'~AI --- MAP REF': PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 17, 1997 AGENDA ITEM: V.C. ITEM: Abandonment of an east/west 15 foot alley, located in the Kenmont subdivision, west of N.E. 9th Avenue and north of Bond Way. , ', 'i-~ ','.~;",. ',"~ ;.,: J~'?:llllllllllllllll/~ ~, t1111 Iiii GENE~L DATA: Owner ........................................ City of Delray Beach Applicant Dorothy Murtha Agent . ................................... L. Diana Hileman, Esq. Location ..................................... Directly west of N.E. 9th Avenue, north of Bond Way and south of Denery Lane Property Size ............................. 0.15 acre Future Land Use Map ................ Medium 'Density Residential Current Zoning ........................... RL (Low Density Residential) Adjacent Zoning ............... North: RL East: RL South: RL West: RL Existing Land Use ...................... Unimproved alley right-of-way. Proposed Land Use ................... Abandonment of east/west 15' alley right-of-way, to add acreage to Lot 18 to the south to make lot conforming with respect to width and to accommodate future development. Water Service ............................ n/a Sewer Service ........................... n/a The item before the Board is the recommendation to the City Commission for the proposed abandonment of an east/west alley located within Block 1, Kenmont Subdivision. The subject right-of-way is located directly west of N.E. 9th Avenue and north of Bond Way. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The area proposed for abandonment is approximately 1,980 sq. ft. (15' x 132'). It was dedicated with the recordation of the Kenmont Subdivision in December, 1945, and has not been improved. The unimproved alley runs along the north line of Lot 18, which is currently vacant. Since the entire dedication was made by this subdivision, once abandoned the entire alley will revert back to Lot 18 directly to the south. The alley is surrounded by residential development to the north, east, and west, and an undeveloped lot to the south. In addition, a north/south 15' alley right-of-way connects to the west end of the subject alley. A transmission pole line with Florida Power and Light, Adelphia Cable, and Bellsouth services extends from the southwest corner of the abandonment area to the southwest corner of Lot 6 (lot located at southwest corner of Denery Lane and N.E. 9th Avenue). This utility line does not appear on the survey submitted by the applicant. The north/south alley is unimproved and contains overhead utilities. Nonconforming Lot: Lot 18 located immediately to the south is zoned RL (Low Density Residential). The minimum lot area and lot frontage/width requirements in the RL district are 8,000 sq. ft. and 60', respectively. Lot 18 is 50' x 132.5' (6,625 sq. ft.) and is therefore nonconforming with respect to lot width and lot area. The reason for the abandonment request is to enlarge adjacent Lot 18 making the lot conforming for any future development. The addition of the alley to Lot 18 would increase the lot width to 65' and the lot area to 8,605 sq. ft., meeting the RL district dimension requirements. Legal Access: A finding that an abandonment will not prevent access to a lot of record must be made with any abandonment request. In addition, it is City policy to encourage the abandonment of all alleys within a block where feasible. Normally the abandonment of the north/south alley would also be encouraged as it is located within the same block as the subject east/west alley. Directly north of the east/west and north/south alleys are two residential homes (Lots 5.5 and 6) within the Harry Seemiller Subdivision. Both homes take access from Denery Lane west of N.E. 9th Avenue on Planning and Zoning Board Staff Report Kenmont Alley Abandonment Page 2 a driveway which appears to be private property. This driveway from Denery Lane was not dedicated with the Harry Seemiller Subdivision (subdivision in which Lots 5.5 and 6 are located), nor the Denery Lane Subdivision that dedicated the remaining Denery Lane right-of-way to the east. Lot 6 is a corner lot and has legal access to N.E. 9th Avenue. However, the only other possible access for Lot 5.5. is the north/south alley directly south which, if improved, would provide legal access south to Bond Way. In order to determine if Lot 5.5 has legal access to Denery Lane, the applicant was required to provide documentation proving legal access. The applicant's attorney submitted an easement deed for this portion of right-of-way, however, the City Attorney's Office concluded the easement was dedicated for utility purposes and not right-of-way. Subsequent research conducted by the applicant's attorney could not prove the legal dedication of Denery Lane extension. Thus, in order to ensure that legal access to Lot 5.5 is maintained, the north/south alley cannot be abandoned. At such time recorded documentation proving the west portion of Denery Lane right-of- way was dedicated legally and Lot 5.5 has legal access, abandonment of the north/south alley could be considered. Review by City Departments and Utility_ Companies: The City's Environmental Services Department has indicated there are no city facilities within the subject alley and has no objection to the abandonment. The Fire Department has reviewed the request and has no objection to the abandonment. The utility companies that reviewed the request (Adelphia Cable, BellSouth, Florida Public Utilities, and Florida Power and Light) indicated no objections to the proposed abandonment. As previously discussed, the survey submitted with the application does not show the existing transmission pole line. A revised survey showing this utility line and a replacement easement covering existing services must be provided, and is attached as a condition of approval. I lilT TTrTirllrlrlll lilt ri T IIIIIIIIrr IIrlITT[III I II Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purposes. A transmission pole line exists within a portion of the subject alley, but was not shown on the submitted survey. Replacement easements must be provided to cover FPL, BellSouth, and cable services, and is attached as a condition of approval. Planning and Zoning Board Staff Report Kenmont Alley Abandonment Page 3 B) That the abandonment does not, nor will not, prevent access to a lot of record. The abandonment of the east/west alley will not prevent access to a lot of record. Upon development, Lot 18 will take access from N.E. 9th Avenue. As previously discussed under the Analysis section of this report, Lots 5.5 and 6 are located directly north of the subject east/west alley and currently take access from the portion of Denery Lane west of N.E. 9th Avenue. Based upon research conducted by the applicant's attorney, it is not clear if the western portion of Denery Lane was legally dedicated. However, access to Lot 5.5 will still be available from the north/south alley, and Lot 6 has direct access to N.E. 9th Avenue. Therefore, the abandonment does not prevent access to a lot of record. C) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general area. No access is taken from the subject alley. Replacement easements will be required to cover the existing and future BellSouth, FPL, and cable facilties within the alley. Thus, no detriment will therefore result for the provision of the above services. The subject abandonment is being requested to enlarge Lot 18 and make it conforming with respect to lot area and lot width. By abandoning the area to private interests, the property will be improved upon and properly maintained. The survey submitted must be revised to show the existing transmission pole line extending from the southwest corner of the abandonment area to the southwest corner of Lot 6. Replacement easements must be provided to cover services on this line. The north/south alley within the same block must be maintained to ensure that Lot 5.5 has legal access. Upon provision of documentation verifying legal access wa Denery Lane to the east the abandonment of the north/south alley may be sought. 1. Continue with direction. 2. Recommend approval of the abandonment based upon positive findings with respect to required findings. 3. Recommend approval of the abandonment, pursuant to conditions. Planning and Zoning Board Staff Report Kenmont Alley Abandonment Page 4 4. Recommend denial of the abandonment with reasons stated. By motion, recommend approval of the abandonment of the east/west alley located within Block 1, Kenmont Subdivision based upon positive findings with respect to LDR Section LDR Section 2.4.6(0)(5), subject to the following conditions: 1. That replacement easements be provided cover FPL, BellSouth, cable, and any other future services on the transmission pole line within the alley prior to scheduling the abandonment for City Commission. 2. That a revised survey indicating the existing transmission pole line be submitted prior to scheduling the abandonment for City Commission. Attachment: · Location Map and Reduced Survey filename: u:\graharnc~pzrep~,enabd.doc between DOROTHY F. MURTHA, a single woman, located at 1202 N.E. 9th Avenue, Delray Beach, Florida 33444, party of the first part, and to ADELPHIA CABLE located in Palm Beach County, State of Florida, party of the second part= WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid by the said party of tho second part, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and easement for the purpose of: utility installation and maintenance with full and free right, liberty and authority to enter upon and to install, operate and maintain such utilities under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to wit: THAT PORTION OF THE 15 FOOT ALLEY RIGHT OF WAY LYING NORTH FO AND ADJACENT TO LOT 18, BLOCK 1, KENMONT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE 65 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. These rights are conditioned on the reasonable exercise thereof for the benefit of the dominant tenement and in the event of excessive use, or use for non-dominant purposes, or use by means otherwise injurious to the servient tenement, grantors shall have the right to extinguish the easement. That this easement shall be subject only to those easements, restrictions and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESSES: PARTY OF THE FIRST PART: STATE OF F~RIDA COUNTY OF PALM BEACH Th~_~oregoing inst~ment was ac~owledged befog9 me this ~/ day of kJJ~_. , 1997, by ~ROTHY F. MURTHA, who ~rsonally ~ to me or produced as identification, ,~,d who executed the foregoing inst~ment and ac~owledge before me that they executed same. NOTARY PUBLIC My commission expires: THIS INDENTURE, made this~__day of~~1997, by and between DOROTHY F. MURTHA, a single woman, located at 1202 N.E. 9th Avenue, Delray Beach, Florida 33444, party of the first part, and BellSouth, a Florida corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid by the said party of the second part, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and easement for the purpose of: utility installation and maintenance with full and free right, liberty and authority to enter upon and to install, operate and maintain such utilities under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to wit: THAT PORTION OF THE 15 FOOT ALLEY RIGHT OF WAY LYING NORTH FO AND ADJACENT TO LOT 18, BLOCK 1, KENMONT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE 65 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. These rights are conditioned on the reasonable exercise thereof for the benefit of the dominant tenement and in the event of excessive use, or use for non-dominant purposes, or use by means otherwise injurious to the servient tenement, grantors shall have the right to extinguish the easement. That this easement shall be subject only to those easements, restrictions and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESSES: PARTY OF THE FIRST PART: --~. ~D. DOROTHY F ~-MURTHA STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this~9_~/ day of~_~, 1997, by DOROTHY F. MURTHA, who i_ . _ na y to me or produced as identifl~n, and who executed the foregoing instrument and acknowledge before me that they executed same. NOTARY PUBLIC My commission expires: THIS INDENTURE, made this {~day of ~1997, by and between DOROTHY F. MURTHA, e single woman, located at 1202 N.E. 9th Avenue, Delray Beach, Florida 33444, party of the first part, and Florida Power and Light, a Florida corporation in Palm Beach County, State of Florida, party of the second part= WITNESSETH= That the party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid by the said party of the second part, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and easement for the purpose of: utility installation and maintenance with full and free right, liberty and authority to enter upon and to install, operate and maintain such utilities under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to wit= THAT PORTION OF THE 15 FOOT ALLEY RIGHT OF WAY LYING NORTH FO AND ADJACENT TO LOT 18, BLOCK 1, KENMONT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 20, PAGE 65 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. These rights are conditioned on the reasonable exercise thereof for the benefit of the dominant tenement and in the event of excessive use, or use for non-dominant purposes, or use by means otherwise injurious to the servient tenement, grantors shall have the right to extinguish the easement. That this easement shall be subject only to those easements, restrictions and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. ~-~'~ ~'PARTY OF THE FIRST__PART: 'DOROTHY F. ~R3RTHA STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this I~~ day of~-, 1997, by DOROTHY F. MURTHA, who is ~ _~~.onally know~ to me or produced as ide~ and who executed the foregoing instrument and acknowledge before me that they executed same. NOTARY PUBLIC My commission expires: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERF ~i SUBJECT: AGENDA ITEM ~ ~'~ - MEETING OF JANUARY 6, 1998 RESOLUTION NO. 2-98 (CONSTITUTION REVISION RESOLUTION) DATE: JANUARY 2, 1998 During the Florida League of Cities' Annual Legislative Conference, a select Resolution Committee reviewed and recommended issues for consideration by the 1998 Constitution Revision Commission. The League believes there will be a variety of constitutional proposals that could affect municipal home rule authority and a municipality's ability to respond to the needs of conveniences of its citizenry. At the League's Business Meeting, a motion was adopted by the membership to request that all municipalities adopt their own resolution in support of the League's 1998 Constitution Revision Resolution. Resolution No. 2-98 has been drafted in response to that request. Approval is recommended. RESOLUTION NO. 2-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE FLORIDA LEAGUE OF CITIES, INC.'S CONSTITUTION REVISION RESOLUTION. WHEREAS, the Florida League of Cities, Inc. convened at its Annual Legislative Conference on November 20-21, 1997, at the Hyatt Regency Orlando International Airport, Orlando, Florida, to adopt both its legislative policies and proposals to revise Florida's Constitution; and WHEREAS, the Florida League of Cities, Inc. adopted its 1998 Constitution Revision Resolution on November 21, 1997; and WHEREAS, the City of Delray Beach believes that there will be a variety of constitutional proposals that could affect municipal home rule authority and a municipality's ability to respond to the needs and conveniences of its citizenry; and WHEREAS, the City of Delray Beach is a member of the Florida League of Cities, Inc. and fully supports the Florida League of Cities and each position addressed in the 1998 Constitution Revision Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Constitution Revision Commission respectfully consider the Florida League of Cities' policy positions concerning revisions to the Florida Constitution as set forth in the 1998 Constitution Revision Resolution. Section 2. That a copy of this resolution be sent to the 1998 Constitution Revision Commission members. PASSED AND ADOPTED in regular session on this the 6th day of January, 1998. ATTEST: The 1998 Constitution Revision Resolution A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. (FLC), ESTABLISHING POLICY POSITIONS CONCERNING THE REVISIONS TO THE FLORIDA CONSTITUTION FOR CONSIDERATION BY THE 1998 CONSTITUTION REVISION COMMISSION. WHEREAS, the FLC, whose membership consists of Florida's municipalities, · ' was created in 1922 to work for the general improvement of Florida's municipal governments; and WHEREAS, the 1998 Constitution Revision Commission was established in June 1997, pursuant to Art. XI, § 2, Fla. Const., to review, consider and recommend to Florida's electors proposed revisions to Florida's Constitution; and WHEREAS, the FLC believes that local self government is the keystone to American democracy and that constitutional municipal home rule authority should be protected and expanded; and WHEREAS, municipalities are the only optional form of government, created primarily to service the needs and desires of a local community; and WHEREAS, municipalities are the governments closest to the people and are governed by community leaders who have clistinguished themselves as public servants; and WHEREAS, the more than 2000 municipal elected officials, representing 400 cities that comprise the League of Cities, believe that there w/Il be a variety of the proposals that could affect their home rule authority and ability to respond to the needs and conveniences of their citizenry. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC., THAT THE CONSTITUTION REVISION COMMISSION RESPECTFULLY CONSIDER THE FOLLOWING POSITIONS: Constitutional Articles Article I~ Decls.,mtlon of RIEhts Section 1. That the FLC, opposes any change in Art. I, Fla. Const., or in any other prov/sion of the Constitution that would unreasonably infringe upon the rights of all property owners in order to expand the rights of some property owners. Section 2. That the FLC, supports an amendment to Art. I, § 6, Fla. Const., that would prohibit the legislature from enacting unfunded mandates relating to salary and benefits for municipal employees or prohibit legislative action ff such benefit is a mandatory subject of local collective bargaining. Section 3. That the FLC, opposes any change to Art. I, § 9, Fla. Const., or any other provision in the Constitution that would limit constitutionally sound forfeiture procedures. Resolution Cortlir~ed Section 4. That the FLC, endorses fairness in municipal hirin§ practices and will support an amendment to the constitution that recognizes that employment policies are a matter of local concern and dependent upon the unique circumstances of each municipality. Article II, General Provisions Section 5. That the FLC, supports an amendment to Art. II, § 7, Fla. Const., relating to environmental protection, that ensures the prudent expenditure of taxpayer dollars by requiring that state environmental regtflations be supported by sound scientific data, satisfies a cost/benefit test and achieves a benefit derived from the environmental regulation that is rationally related to the costs to implement the regulation. Section 6. That the FI.C, supports an amendment to Art. II, Fla. Const., or any other provision of the Constitution that ensures fairness through procedural and substantive due process for municipal officials and that restructures the Commission on Ethics. Article VII, Finance ~nd 'l'~tion Section 7. That the FLC, supports amendments to close loopholes in the *me. ndates' provision of Art. VII, § 18, Fla. Const. Section 8. That the FLC, supports an amendment to Art. VII, § l(a), Fla. Const., to authorize municipalities to levy any tax the state and its political subdivisions can levy/f the tax is approved by the electors of the municipa].ity. Section 9. That the FLC, supports em amendment to Art. VI1, § 3(a), Fla. Const., that assures that municipal property shall not be subject to ad valorem taxation. Section 10. That the FLC, supports an amendment to Art. VII, § l(a), Fla. ¢onst., to codify the courts' definition of 'taxes,' and assures municipalities retain the home rule authority to levy *fees.' Article VIII, Local Government Section 11. That the FLC, supports an amendment to Article VII, § 18, Fla, Const., to sunset state mandates that have been imposed since 1990, the year on which Florida's electorate adopted this provision and it became effective. Section 12. That the FLC, supports an amendment to Art. VIII, § 2(b), Fla. Const., to provide that a municipal ordinance prevails over a state law. Section 15. That the FLC, supports an amendment to Art. VIII, § 2(c), Fla. Const., which allows a municipality to annex unincorporated proper~ expeditiously,. Section 14. That the FLC, supports an amendment to Art. VIII, § 2, Fla. Const., that assures a municipality's right to mana~e it~ right-of-ways and to receive fal~ compensation for the use of its right-of-ways. Section 15. That the FLC, supports an amendment to Art. VIII, § 2(b), Fla. Const., to assure municipal/ties ere vested with the authority to control zoning and land use decisions. Section 16. That the FLC, support~ an amendment to Art. VIII, § l(h), Fla. Const., that e~imi~atea taxation of citizens of municipal/ties for services that arc rendered by the county, and requires that in unincorporated areas, ali municipal-type serv/ces shall be funded ~olel¥ by Municipal Service Taxing Un/ts or Mun/cipal Service Benefit Units; while all other county-wide services shall be negotiated with the affected governing jurisd/ctions. Section 17. That the FLC, supports an amendment to Article VIII, § 2, Fla. Const., that ensures the right of citizens of any mun/cipal/ty not to be subjected to involunta~, municipal abolition or mer~er by genera! or special law. Section 18. That the FLC, supports an amendment to A~. VIII, § l(g), Fla. Const., to assure cha~er county ordinances do not. apply within municipal/ties without the consent of the municipality. Ar'dcle X, Miscelhneous Section ~9. That the FLC, suppo~s an amendment to Art. X, § 1~, F~. Cons~., to assure ~e soverei~ immu~ of mu~p~es is ~e s~e as ~e state ~d its agencies ~d ~c~ subdi~sions, ~d opposes ~y pro. sion ~at would e~d ~e to~ ~b~W of mu~p~es. ~cle ~, ~en~en~ Sec~on 20. That ~e F~, suppo~s ~ ~en~ent to ~. ~, ~ 3, Fla. ~nst., to ensure ~e ~ts of mu~cip~ ~ns by p~clu~g ~y ~m~ons on ~e powers '- of mu~p~es ~u~ le~sla~ve or ~n ~ted pro~s~s ~at ~end ~e ~ns~on. O~er Sec~on 21. ~t ~e F~, supers ~y p~posed cons~o~ ~endment ~at ~co~s ~d ~s ~e p~ciple of m~p~ Home Rule ~d oppose ~y pro~ ~at ~s~c~ or ~ts ~e ~wers of m~es to ~s~nd to ~e needs of ~e~ d~ns. ~du~g ~e au~o~W of mu~p~es to ~se ~venues. Sec~on 22. ~at a co~ of ~s ~lu~on ~ ~nt to ~e 1998 Cons~tu~on Re. sion Commission mem~rs by ~e F~. P~SED ~D ~O~ED by ~e Flo~da ~a~e of Cites, ~c., ~ coherence assembled at ~e Hya~ Regen~ Hotel, Or.do Inte~on~ ~o~, Or. do, Florida, ~s 21~ Day of No~m~r, 1997. S~~~esident ~o~~e of Cites, Inc. · Mayor, ~ of Greena~es A~EST ~ ' FLORIDA LEAGUE OF CITIES INC. Memorandum TO: Key Official FROM: Kelvin J. Robinson, Legislative Director RE: Transmittal of Constitution Revision Resolution DATE: December 2, 1997 At the League's Annual Legislative Conference, held on November 20-21, 1997 at the Hyatt Regency, Orlando lmtemational Airport, a select Resolution Committee met to review and recommend issues for consideration by the Constitution Revision Commission. A copy of the resolution that was adopted by this committee and the League's membership is enclosed. During the League's Business Meeting at the conference, a motion was adopted by the membership to request that all municipalities adopt their own resolution in support of the League's Constitution Revision Resolution. To facilitate this effort, enclosed is a "sample" resolution that your municipality can use, as well as a Constitution Revision Commission mailing list for distributing your municipality's resolution. As always, you should have your city attorney review the sample for form pursuant to your municipal charter procedures. Thank you for your continued support of the League. Should you have any questions, please contact Darcy Foster at the League office. Enclosures 201West Park Avenue · P.O. Box1757 · Tallahassee, Florida 32302-1757 · (904)222-9684 · Suneom278-5331 CONSTITUTION REVISION COMMISSION 1997-1998 Commissioner Dexter Douglass, Chairman Chairman appointed by Governor Constitution Revision Commission Room B-11, Historic Capitol Tallahassee, FL 32399-1300 850/413-7740 FAX: 850/413-7728 Commissioner Carlos J. Alfonso Speaker's Appointment Alfonso Architects 1705 N. 16th Street Tampa, FL 33605 813/247-3333 FAX: 813/247-3395 Commissioner Clarence E. Anthony Governor's Appointment 335 S.W. 2nd Avenue South Bay, FL 33493 561/996-6751 FAX: 561/996-7950 Commissioner Antonio L. Argiz President's Appointment Morrison, Brown, Argiz & Co. Post Office Box 560068 Miami, FL 33156 305/667-3500 FAX: 305/661-9542 Commissioner Thomas H. Barkdull, Jr. Governor's Appointment Third District Court of Appeal 2001 S. W. 117th Avenue Miami, FL 33175-1716 305/229-3200 FAX: 305/229-3206 Commissioner Martha Walters Barnett Governor's Appointment Post Office Drawer 810 Tallahassee, FL 32302-0810 850/425-5620 850/425-5664 (Secretary: Mary Ann Lemme) FAX: 850/224-8832 Commissioner Robert M. Brochin Governor's Appointment 200 South Biscayne Boulevard, Suite 5300 Miami, FL 33131-2339 305/579-0490 FAX: 305/579-0321 Commissioner Robert A. Butterworth Automatically Appointed Office of the Attorney General Department of Legal Affairs PL 01, The Captiol Tallahassee, FL 32399-1050 850/487-1963 FAX: 850/413-0632 Commissioner Kenneth L. Connor Speaker's Appointment Connor & Gwartney Post Office Box 11187 .. Tallahassee, FL 32302 850/681-9550 FAX: 850/681-9379 Commissioner Chris Con' Speaker's Appointment Walt Disney Imagineering 610 Sycamore Street, Suite 310 Celebration, FL 34747 407/566-4038 FAX: 407/566-4223 Commissioner Ander Crenshaw President's Appointment William R. Hough & Co. One Independence Drive, Suite 2602 Jacksonville, FL 32202-5010 904/355-6691 FAX: 904/355-0201 Commissioner Valerie W. Evans Speaker's Appointment 1808 Kalurna Court Orlando, FL 32806 407/843-8379 FAX: 407/843-0155 Commissioner Marilyn Evans-Jones President's Appointment 12 Painted Bunting Amelia Island, FL 32034 904/277-4242 FAX: 904/277-4242 Commissioner Barbara Williams Ford-Coates Governor's Appointment Post Office Box 1358 Sarasota, FL 34230-1358 941/951-5638 intemet: bfc~co.sarasota.fl.us FAX: 941/951-5632 Commissioner Ellen Catsman Freidin Governor's Appointment 1 S.E. 3rd Avenue, 28th Floor Miami, FL 33131 305/374-5600 FAX: 305/374-5095 Commissioner Paul M. Hawkes Speaker's Appointment Law Offices 5961 West Pine Circle Crystal River, FL 34429 352/563-2200 FAX: 352/563-2025 Commissioner William Clay Henderson Governor's Appointment 1331 Palmetto Avenue Winter Park, FL 32789 904/423-4437 407/539-5700 FAX: 407/539-5701 Cell phone: 407/492-8251 Commissioner Toni Jennings President's Appointment The Florida Senate Office of the President Tall0hassee Office: Suite 409, The Capitol Tallahazsee, FL 32399-1100 850/487-5229 FAX: 850/487-5844 1032 Wilfred Drive Orlando, FL 32803-2571 407/898-1861 FAX: 407/897.4189 Commissioner Gerald Kogan Chief Justice's Appointment The Florida Supreme Court 500 South Duval Street Tallahassee, FL 32399-1925 850/488-0007 FAX: 850/922-6625 Commissioner Dick Langley Speaker's Appointment Post Office Box 120188 Clermont, FL 34712 352/394-4025 FAX: 352/394-1604 Commissioner John F. Lowndes President's Appointment Lowndes Drosdick Doster Kantor & Reed 215 North Eola Drive Orlando, FL 32802-2809 407/843-4600 FAX: 407/423-4495 Commissioner J. Stanley Marshall Speaker's Appointment The James Madison Institute Post Office Box 37460 Tallahassee, FL 32315 850/386-3131 FAX: 850/386-1807 Commissioner Jacinta Mathis Speaker's Appointment Mathis Law Finn Post Office Box 616130 Orlando, FL 32861 407/363-4519 FAX: 407/363-1558 Commissioner Jon Lester Mills Governor's Appointment 230 Bmton-Geer Hall College of Law University of Florida Gainesville, FL 32611 352/392-2237 FAX: 352/392-1457 Commissioner Frank Morsani President's Appointment 1725 Henley Road Lutz, FL 33549 813/873-0003 FAX: 813/877-5612 Commissioner Robert Lowry Nabors Governor's Appointment 315 Calhoun Street, Suite $00 Tallahassee, FL 32301 850/224-4070 FAX: 850/224-4073 Commissioner Carlos Planas President's Appointment 9190 S.W. 57th Avenue Miami, FL 33156 305/266-5500 FAX: 305/266-5604 Commissioner Judith Byrne Pdley Governor's Appointment 127 John Sims Parkway Valparaiso, FL 32580 904/678-7812 FAX: 904/678-8353 Commissioner Katherine Fernandez Rundle Governor's Appointment 1350 N.W. 12 Avenue, N-418 Miami, FL 33136 305/547-0535 FAX: 305/547-0735 Commissioner James A. Scott President's Appointment Senator, District 31 Tallahassee Office: Room 308, Senate Office Building Tallahassee, FL 32399-1100 850/487-5100 FAX: 850/681-3810 District Office: 2000 East Oakland Park Boulevard Fort Lauderdale, FL 33306-1195 954/566-8600 FAX: 954/566-0618 Commissioner H. T. Smith Governor's Appointment 1017 N.W. 9th Court Miami, FL 33136 305/324-1845 FAX: 305/324-5244 Commissioner Chris T. Sullivan President's Appointment Outback Steakhouse Inc. 550 North Reo Street, Suite 200 Tampa, FL 33609-1050 813/282-1225 FAX: 813/282-1209 Commissioner Alan C. Sundberg Chief Justice's Appointment Office of the President Florida State University 211 Westcott Tallahassee, FL 32306-1037 850/644-1085 FAX: 850/644-9936 Commissioner James Harold Thompson Governor's Appointment 227 South Calhoun Street Tallahassee, FL 32301 .. 850/224-9115 FAX: 850/222-7560 Commissioner Paul West Speaker's Appointment 6500 S. W. 41 st Court Davie, FL 33314 954/316-5888 FAX: 954/316-1128 Commissioner Gerald T. Wetherington Chief Justice's Appointment 1215 Alfonso Avenue Coral Gables, FL 33146 305/374-0650 FAX: 305/374-4933 Commissioner Stephen Neal Zack Governor's Appointment 100 S.E. 2nd Street Suite 2800 International Place Miami, FL 33131 305/539-8400 FAX: 305/539-1307 Alternates: Commissioner Pat Barton President's Appointment 605 Palm Circle East Naples, FL 34102 941/262-5648 FAX: Same as telephone number Commissioner Ira H. Leesfield Governor's Appointment 2350 South Dixie Highway Miami, FL 33133 305/854-4900 FAX: 305/854-8266 Commissioner Lyra Blizzard Logan Governor's Appointment Florida Education Fund, MPLE Office 15485 Eagle Nest Lane, Suite 200 -. Miami Lakes, FL 33014 305/364-3111 FAX: 305/364-3128 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~I SUBJECT: AGENDA ITEM # ~'~)' - MEETING OF JANUARY 6, 1998 RESOLUTION NO. 3-98/SUPPORTING PERMANENT AND CONSISTENT FUNDING FOR REGIONAL PLANNING COUNCILS DATE: JANUARY 2, 1998 Regional planning councils are required to perform numerous growth management functions, including local technical assistance, interlocal dispute resolution and other important statutory duties in support of local initiatives. Having to compete for funding annually out of dwindling revenue sources 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. Resolution No. 3-98 supports permanent and consistent funding for regional planning councils within the Governor's annual budget. Recommend approval of Resolution No. 3-98. RESOLUTION NO. 3-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING PERMANENT AND CONSISTENT FUNDING FOR REGIONAL PLANNING COUNCILS IN THE GOVERNOR'S BUDGET; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Delray Beach strongly supports the continuation and full funding of Regional Planning Councils in the State of Florida; and WHEREAS, the Delray Beach City Commission recognizes the value added to communities of Palm Beach County through the work of regional planning councils; and WHEREAS, the Delray Beach City Commission also recognizes that regional planning councils are required to perform numerous growth management functions, provide local technical assistance as well as interlocal dispute resolution, and other important statutory duties in support of local initiatives; and WHEREAS, the City Commission believes that not funding regional planning councils fully and consistently will adversely impact the quality of future growth, development and interlocal relationships among the communities of Palm Beach County and 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. Further, dedication of staff time and energy to support renewal of annual funding 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 City Commission hereby requests that the Governor of the State of Florida provide a consistent and full source of funding necessary to support the functions and values of regional planning councils. Section 2. That the City Clerk is hereby directed to distribute copies of this resolution to the Honorable Governor Lawton Chiles, members of the Palm Beach County Legislative Delegation, the Treasure Coast Regional Planning Council, and all other interested parties. Section 3. That this resolution shall become effective immediately upon passage. PASSED AND ~OPTED in regular session on this the 6th day of January, 1998. ATTEST: City ~l~k / - 2 Res. No. 3-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~'~ REGULAR MEETING OF JANUARY 6, 1998 RESOLUTION NO. 4-98 DATE: DECEMBER 31, 1997 The Western Communities Council (WCC) includes the Village of Royal Palm Beach, Village of Wellington, Indian Trail Improvement District, Cypress Grove Community Development District, Seminole Water Control District, and the cities of Belle Glade, Pahokee and Greenacres. The WCC, by resolution, has requested the Board of County Commissioners to invite the Treasure Coast Regional Planning Council to participate in long range planning efforts and visioning for the western communities. The Council has also asked for resolutions of support from other Palm Beach County municipalities. As indicated in the proposed resolution, the Treasure Coast Regional Planning Council will maintain an impartial, broad and comprehensive view in assisting the local entities and citizens in resolving the growth management issues faced by the central western Palm Beach County communities. Recommend approval of Resolution No. 4-98. ref:agmemo5 RESOLUTION NO. 4-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF THE WESTERN COMMUNITIES COUNCIL OF PALM BEACH COUNTY'S REQUEST THAT THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS INVITE THE TREASURE COAST REGIONAL PLANNING COUNCIL TO PARTICIPATE IN FUTURE PLANNING FOR THE CENTRAL WESTERN COMMUNITIES OF PALM BEACH COUNTY; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Western Communities Council of Palm Beach County includes the Village of Royal Palm Beach, Village of Wellington, Indian Trail Improvement District, Cypress Grove Community Development District, Seminole Water Control District, and the Cities of Belle Glade, Pahokee and Greenacres; and WHEREAS, the Western Communities Council of Palm Beach County has requested the Board of County Commissioners to invite the Treasure Coast Regional Planning Council to participate in long range planning/visioning for the central western communities of Palm Beach County; and WHEREAS, regional planning councils are recognized as Florida's only multipurpose regional entity in a position to plan for and coordinate intergovernmental solutions to growth related problems on greater-than-local issues, and are statutorily directed to provide technical assistance to local governments; and WHEREAS, over the last ten years, the Treasure Coast Regional Planning Council has conducted and been involved in forty (40) future planning exercises and design charrettes in the Treasure Coast Region, including a very successful design charrette of State Road 80; and WHEREAS, the Western Communities Council members and Palm Beach County are within the jurisdiction of the Treasure Coast Regional Planning Council; and WHEREAS, the Treasure Coast Regional Planning Council will maintain an impartial, broad and comprehensive view in assisting local governments and citizens to resolve growth management issues in the central western Palm Beach County communities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby supports the Western Communities Council's re~est that the Board of County Commissioners invite the Treasure Coast Regional Planning Council to participate in long range planning/visioning for the central western communities of Palm Beach County. Section 2. That the City Clerk is hereby directed to distribute copies of this resolution to the Palm Beach County Board of County Commissioners, the Treasure Coast Regional Planning Council, and all Palm Beach County municipalities and me~ers of the Western Communities Council. Section 3. That this resolution shall become effective immediately upon passage. PASSED AND ~OPTED in regular session on this the 6th day of January, 1998. ATTEST: - 2 - Res. No. 4-98 [lTV OF DELRRV BER[H CITY ATTORNEY'S OFFICE F,,x~CSIMi[.E ,,t~7'2 ;~;-4'55 Writer's Direct Line: (561) 243-7091 DELRAY BEACH All.america City M EMORA NDUM l~l~'~rllll' DATE: December8, 1997 1993 TO: City Commission ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Proposed Right-of-way Use Permit for TCG of South Florida TCG of South Florida has requested permission to use the City's rights-of-way in order to provide telecommunications services in the City of Delray Beach. TCG proposes to do this by entering into this Permit Agreement. The Permit Agreement allows TCG to use the City's rights-of-way in accordance with our current ordinances until such time as the City revises its telecommunications ordinance. At that point in time the Permit Agreement provides that TCG will be required to comply with the City's new telecommunications ordinance. The City of Boca Raton has just recently adopted a permit agreement identical to this proposed Permit Agreement. This Permit Agreement provides that TCG shall comply with all of the City's ordinances while using the right-of-way; pay to the City a quarterly fee based on its gross receipts or on the linear feet of cable in the right-of-way; allow utilization of its conduits, poles, trenches and other facilities by other providers or colocate its facilities on the existing facilities of others; and, indetnnify and hold harmless the City concerning its use of the right-of-way. By copy of this memorandum to David Harden, City Manager, our office requests that this Permit Agreement be placed on the January 6, 1998 City Commission agenda. PleaSe call if you have any questions. cc: Susan A. Ruby, City Attorney David T. Harden, City Manager Alison MacGregor Harty, City Clerk Pr/,qted on R~ycl~.d Paper PERMIT THIS IS A PERMIT, effective on ,1997, between the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter referred to as the "City" and TCG SOUTH FLORIDA, a New York General Partnership, hereinafter referred to as the "Company". WITNESSETH: WHEREAS, Chapter 95-403, Florida Laws, authorizes competition in the local exchange telecommunications business, effective January 1, 1996, and provides for alternate local exchange telecommunications companies to be certified by the Florida Public Service Commission; and, WHEREAS, the Company has been certified by the Florida Public Service Commission as an alternate local exchange telecommunications company and desires to utilize City right-of- way to serve customers in the City; and, WltEREAS, the City is currently revising its ordinances governing construction and use of rights-of-way originating from telecommunications providers; and, WHEREAS, City is willing to allow telecommunications providers the use of right-of- way in order that customers in the City have an increased array of telecommunications choice, provided that such use will be subject to any future ordinances of the City governing the use of right-of-way. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: 1. The foregoing recitals are correct and are incorporated into this Permit Agreement. 2. Subject to all the conditions set forth below, the City Engineer hereby grants to Company a permit to utilize City rights-o/r-way. Plans sealed by a Florida professional engineer will be submitted by Company, for the aboveground, at grade or underground installation of fiber optic cable and associated equipment to be used by Company solely for the provision of telecommunications services certificated by the Florida Public Service Commission to customers in the City. 3. (a) Company shall conl'brm to all the requirements of Delray Beach Code of Ordinances pertaining to the regulation of the use of right-of-way, as such may be amended from time to time, and to such other reasonable regulations adopted by the City Engineer for construction work in City right-of-way. Company shall submit signed and sealed plans to the City Engineer for approval at least thirty (30) days prior to commencing any construction. (b) All underground construction shall be done using trenchless technology methods. (c) Aboveground installation shall be done only with the prior written permission of the owner of the poles and cables to be utilized, a copy of which shall accompany the sealed plans to be submitted to the City Engineer. (d) Company shall provide the City Engineer with as-built plans no later than sixty (60) days following completion of all construction work in City right-of-way. (e) (1) In the event that the City reasonably requires the relocation of any of its utilities on street and/or sidewalk right-of-way, Company agrees to relocate to another reasonable location of the City's choice, or to deepen in place, upon receipt of the City's written request, any cable or conduit that Company has installed in the right-of-way, with Company 2 bearing ali costs and expenses reasonably related to the relocation or deepening being requested by the City. (2) If the City requires Company to adapt or conform its cable and conduit, or in any way or manner to alter, relocate or change its cable and conduit to enable any other entity or person, except for the City, to use, or to use with greater convenience, any public street, alley or right-of-way, Company shall not be required to make any changes until such other entity or person shall have undertaken, with solvent bond satisfactory to City, to reimburse Company for any loss or expense which will be caused by, or arise out of such change, alteration or relocation of Company's cable and conduit; provided, however, that the City shall never be liable for such reimbursement. 4. The following consideration for the use of City right-of-way shall be paid by Company to City: (a) Commencing on the effective date of this Permit, the Company shall pay quarterly (on the City's fiscal year basis) to the City a sum of money equal to one percent (l%) of its gross receipts on recurring local service revenues derived during each quarter from services provided within the corporate limits of the City by the Company, excluding revenues derived from calls made by the City. "Local service revenues" are defined as all revenues received by the Company from its customers, except the City, for providing the local transport of voice, data and video signals as provided in this Permit, including but not limited to, those revenues derived from telecommunication services listed in subsections (1) through (6) of §203.012, Florida Statutes, as it may be amended. (i) Payment shall be made within fifteen (15) business day after the close of each fiscal quarter, and the Company shall file, with the City's Director of Finance, a statement, signed by an authorized accounting or financial representative of the Company, of the gross receipts on recurring local service revenues derived in the preceding quarter. Acceptance of any fee 3 payment shall not'be deemed a waiver or release of any claims the City may have for additional sums, nor be construed as an accord that the amount paid is correct. (ii) If any quarterly payment is not received by the City within such period, the Company shall pay interest on any such unpaid portion thereof at the rate of eighteen percent (18%) per annum from the first day after the payment period of fifteen (15) business days until paid to the City, and the Company shall reimburse the City for the actual and reasonable out of pocket costs of the City associated with collecting any sums of money the Company is required to remit to the City pursuant to this Permit. (b) If Company is not providing recurring local service in City, Company shall pay City annually consideration based on actual linear feet of any cable, fiber optic or other pathway that makes physical use of City right-of-way. (i) Pursuant to Ch. 337.401 FSA, in no event shall the fee or other consideration imposed be less than $500 per linear mile of any cable, fiber optic, or other pathway that makes physical use of the municipal right-of- way. Any fee or other consideration in excess of $500 shall be applied in a nondiscriminatory manner and shall not exceed the sum of: a. Costs directly related to the inconvenience or impairment solely caused by the disturbance of the municipal right-of-way; and, b. The reasonable cost of the regulatory activity of the municipality; and, c. The proportionate share of cost of land for such street, alley, or other public way attributable to utilization of the right-of-way by a telecommunications service provider. (c) Company may, in addition, make various services and/or facilities available to City for municipal purposes on a cost of materials and labor basis plus 15% administrative overhead cost, payment for which will be set offagainst Company's franchise fees payable to City. (d) The consideration to be paid by the Company to the City under this Section are compensation for the use by the Company of the City's rights-of-way and are not taxes, as ~illowed by the Florida Constitution, the general or special laws of the State of Florida or any ordinance of the City. The Company shall at all times continue to be subject to public service taxes (Section 166.231, Florida Statutes), ad valorem taxes (Section 166.211, Florida Statutes), and such other taxes, charges or fees as may be lawfully authorized by the Florida Constitution, the general or special laws of the State of Florida, the provisions of the Municipal Home Rule Powers Act (Chapter 166, Florida Statutes) or the Code of Ordinances of the City. (e) In the event the maximum Permit fee authorized by the laws of the State of Florida or ordinances of Delray Beach shall be increased beyond the current amount of one percent (1%) of the gross receipts on recurring local service revenues or the consideration per linear mile as prescribed in §377.401 of the Florida Statutes, the City shall be authorized to unilaterally amend this Permit and prospectively (from the effective date of such change in the laws of the State of Florida) increase the Permit fee provided for herein to the maximum Permit fee authorized by the laws of the State of Florida. Further, in the event the maximum Permit fee authorized by the laws of the State of Florida or ordinances of Deiray Beach shall be decreased below the current amount of one percent (1%) of the gross receipts on recurring local service revenues or the consideration per linear mile as prescribed in §337.40 l of the Florida Statutes or eliminated in its entirety, the City shall unilaterally amend this Permit and prospectively (from the effective date of such change in the laws of the State of Florida) decrease or eliminate the Permit fees provided for herein to the maximum Permit fee authorized (if any) by the laws of the State of Florida. (f) The Company, and its agents and outside contractors shall make available for examination by the City or its authorized representative or agent, during normal business hours, the books, records and accounts and other documentation of the Company (hereinafter ~ollectively referred to as the "Report") that, as determined by the City, are necessary to determine the accuracy of the gross receipts on recurring local service revenues upon which the Permit fee payment is based, and shall permit the City, or its authorized representative or agent, to make and remove copies of the Report, including computer printouts or other data of customer billings. In the event the Reports are not available to the City for examination in the corporate limits of the City, the Company shall reimburse the City for the reasonable travel expense of the City's representative resulting from said representative's travel to the location where the Reports are maintained and shall permit the City to make and remove copies of the Report, including computer printouts or other data of customer billings. Upon request by the City, or its designated representative, the Company shall provide a copy of any annual report filed with the Florida Public Service Commission (PSC). The City, or its designated representative, shall have the right during the life of this Permit to examine the Reports; provided, however, that the Company shall be obligated to maintain its billing records only for the period of time required by the PSC (or its successor agency, or, in the event the Company is no longer subject to the jurisdiction of the PSC for the period of time required by the City) and that any examination conducted a~er such period shall be confined to the billing records then available. No later than thirty (30) days at, er the request of the City, or its representative, the Company shall supply to the City, a copy of the Reports. Such copy shall be in the media requested by the City provided that it is economical and practical for the Company to do so; however, in no event shall paper copies of requested documentation be deemed uneconomical or impractical. The City agrees to keep any documentation and reports confidential as may be provided by Florida Statutes. (g) The above consideration to be paid the City shall be in addition to any reasonable engineering inspection fees and performance and construction bond requirement set by the City · Engineer. At City's option, Company shall engage the services of a third-party engineering inspection service to perform such inspections at Company's sole cost. 5. Each telecommunication provider authorized to construct backbone facilities in the public right of way shall construct those facilities so that they are capable of accommodating additional telecommunications facilities owned by other persons. Lateral connections, into specific locations are not included in this requirement. Each telecommunications provider authorized to construct facilities in the public rights of way shall permit, to the greatest extent possible, utilization of their conduit, poles, trenches and other facilities by cable television and telecommunication providers, or shall colocate its facilities on existing facilities of others. In reviewing whether to require colocation in any particular instance, the City shall take into account for the demand for use ora particular right-of-way or route corridor, the Company's costs and the potential adverse impact, if any, on Company's construction schedule from such coiocation, a Company's specific access, security and maintenance concerns as well as any technical constraints. (By way of example but not limitation, RF interference, electrical code, OSHA, loading, fire code.) To the extent such use shall be subject to requirements of the Telecommunications Act of 1996 regarding use of utilities including electric, gas, and telephone right-of-way conduit and facilities for cable television telecommunication purposes, rates and charges shall be consistent with the general objectives and requirements outlined in that Act. Any telecommunications provider whose facilities contain additional capacity for installation or colocation of telecommunications facilities owned by other persons shall agree to allow other persons to install or colocate their telecommunications facilities on such facilities subject to reasonable and non-discriminatory terms and conditions negotiated between the parties. All costs of collocating or installing additional telecommunications facilities shall be borne by the person seeking to do so. 6. Company agrees to waive any claims against the City for damages arising from any negligent or unintentional breach of the underground conduit or fiber optic cable system, provided that prior to any construction or excavation project undertaken by the City or any of its contractors, the City, or its representative, on each such occasion contacts Company via a telephone call to the 24 hour tone Call System. In the event such call is not made and damage to the conduit or fiber or both occurs, the City's liability shall be limited to thc cost of repair to the conduit and fiber and shall explicitly exclude any consequential business damages. Company does not waive any claims against the City for damages arising t?om any act or omission, or breach of the underground conduit or.fiber, constituting gross negligence or willful misconduct by the City, or its employees, or any of it contractors, agents or representatives. 7. Company agrees to indemnil~, and hold harmless the City for all costs, losses and expenses, including, but not limited to, damages to persons or property, including, but not limited to, judgments and attorneys' fees, arising out of and in connection with Company's activities under this Permit Agreement and its continuing use of the City's fights-of-way, excluding any negligence or willful misconduct of the City; if called upon by City, Company shall assume and defend not only itself by also City in connection with any suit or cause of action, and such defense shall be at no cost or expense whatsoever to City. City and Company understand that their Permit shall be subject to future ordinances including any right-of-way construction and administration ordinances and/or telecommunication ordinances which may be adopted by City consistent with applicable state or federal law. Neither party waives the right to challenge any provisions of any future applicable ordinances which are inconsistent with state or federal law. (Signatures on following page) ATTEST: CITY OF DELRAY BEACH By: City Clerk Mayor Jay Alperin, D.D.S. Approved as to Form and Legal Sufficiency: City Attorney WITNESSES: TCG SOUTH FLORIDA (Corporate Seal) (Type or Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 'z~ day of I<',a.'~4.~ ~oo0,, ~/~ ~ 'Pe~..~.'~/(name of ~~~ , 199~ by __., _~~ ~~ officer or agent, title of officer or agent), of W~X~,~ ~~ ,-~ ~,~name of corporation acknowledging), a gXo~ (state or place of incorporation) corporation, on behalf of the corporation. ~she is personally known to me/or has produced ~o~~ ~x e~ (type of identification) as i db otfi. State of Fl~[g~g - ~: ...... . Prin' ~' -~ '"~ ..... =~"~'-~ ~~ Nota~ Public ~mfit.a~ 10 DELRAY BEACH Ali. America City M E M ORA N D Il M ~993 TO: Barbara Oarito, Deputy City Clerk FROM: Brian Shutt, Assistant City Attorney SUBJECT: TCG Permit Agreement Attached please lind two originals of the proposed agreement between tile City and TCG of South Florida. Ti~e agreements have been executed by TCG Once the agreements have been approved and signed by the Mayor please forward one original to me so that 1 may forward it to TCG tbr their files. This item will be on the January 6, 1998 City Commission agenda. Please call if you have any questions. Attachments MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVlg~AGER~L~ FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM DATE: DECEMBER 31, 1997 This is before the City Commission to approve funding subsidies totaling $54,585.40 for three income eligible applicants under the Delray Beach Renaissance Program. This program focuses on providing home ownership opportunities for very low, low and moderate income households. It is administered in partnership with the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority. For this approval, the three eligible applicants are: Alexander Ellis Lots 8 and 9, Block 8, Rio Del Rey (S.E. 4th Avenue/new construction) $20,139.10 Vernita Thompson-Deveaux Lot 14, Block 30, Town of Delray (S.W. 4th Avenue/new construction) $17,122.60 Samantha Wilkins Lot 15, Block 2, Town of Delray (N.W. 8th Avenue/new construction) $17,323.70 Recommend approval of the three funding subsidies in the total amount of $54,585.40, with funding from HOME (118-1923-554-83.01) in the amount of $24,000.00 and from SHIP (118-1924-554-83.01) in the amount of $30,585.40. ref:agmemo7 Agenda Item Number: ~. ~ AGENDA REQUEST Request to be placed on: Date: December 29,1997 ~ Regular Agenda ~ Special Agenda ~ Workshop Agenda xxxx Consent Agenda When: January 6, 1998 Description of item (who, what, where, how much): Authorization and approval to issue subsidy to three eligible applicants under the Delray Beach Renaissance Program totaling $54,585,40. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy award. Funds are to be awarded from HOME Investment Partnership Program and State Housing Initiatives Partnership Program (SKIP) dollars. HOME total $24,000.00 Account# 118-1923-554-83.01 SHIP total $30,585.40 Account# 118-1924-554-83.01 Department Head Signature~~~~- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: (,~,,/NO il~-IfiL3'-SS;L{.~3-~)l 04L~C~tC~ Funding Alternatives: ~-'~qvc +~cl~_. ~ ~ IqO (if applicable) Account No. &Des, cription: il g-I~Z4 -=~4. %3-01 0-t44c ~ ;~ca<g (5.h~x) Account Balance: '~ i3c~, qqD City Manager Review: Approved for Agenda: ~g/NO Hold Until: ~'~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:mun~ 1 ~.,dXedbgrant~agenform.doc Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director From: Michael Simon, Acting Community Development Coordinator Date: December 29, 1997 Subject: Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION: City Commission authorization and approval to issue subsidy to three eligible applicants under the Delray Beach Renaissance Program. BACKGROUND: The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, The TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1997. An agreement to extend the program for one additional year has been approved by all partners. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Programs partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit, are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less $40,000 per unit, are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION: Staff is recommending City Commission approval to fund subsidy for the eligible applicant of the following properties: Lot 15, Block 2, Town ofDelray / $17,323.70 Lots 8 & 9, Block 8, Rio del Ray/ $ 20,139.10 Lot 14, Block 30, Town of Delray/ $17,122.60 DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION yes CENSUS TRACT 65.02 NAME Alexander Ellis PROPERTY ADDRESS xxx SE 4th Ave.. Delray Beach LEGAL DESCRPTION Lots 8 and 9, Block 8, Rio Del Rey Plat Book 12 , Page 84 % OF AREA MEDIAN HOUSEHOLD INCOME 74 # IN HOUSEHOLD 3 COST OF HOUSE $83,450 COST OF LOT $12.500 CLOSING COSTS $5,799.10 TOTAL TRANSACTION $101,749.10 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 75,500.00 CFC Bank RATE 7.25 % LTV 79.0 % SECOND MORTGAGE $ 10,000,00 Ci_ty of Delr0y, HOME $10.139.10 City of Delray. SHIP $ CRA of Delr0y $ Housing Authority_ THIRD MORTGAGE $ Federal Home Loan Bank GRANT $. . HTF "A" CITY PERMIT FEES WAVIED $ 1,298.00 APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 100.00 Paid at closing 5; 4407.00 TOTAL TRANSACTION $101,749.10 subreqst.wpd DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION ye~ CENSUS TRACT 68.02 NAME Vernita Thompson-Deveaux PROPERTY ADDRESS xxx SW 4th Ave., Delra_v Beach LEGAL DESCRPTION Lot 14. Block 30, Town of Delray Plat Book 1 . Page 3 % OF AREA MEDIAN HOUSEHOLD INCOME 72 # IN HOUSEHOLD --5 COST OF HOUSE $88,500 COST OF LOT $10.000 CLOSING COSTS $ 3,971.60 TOTAL TRANSACTION ~ PROJECT/SUBSIDY BREAKDQWN FIRST MORTGAGE $ 72,000 CFC Bank RATE 7.25 % LTV 74,6 % SECOND MORTGAGE $ 7,000,00 Cit.v of Delray. HOME $10,122.60 City 9fDelray, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ 3,000,00 Federal Home Loan Bank GRANT $. HTF "A" CITY PERMIT FEES WAVIED $ APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $ 9544.00 TOTAL TRANSACTION $102,471.60 subreqst.wpd (69-20) J ~(69-38) P .~CEL "A" PARCEL S~ETY ~ ~ RM ~ TOWN OF DELR~ DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION yes CENSUS TRACT .67 NAME Samantha Wilkins PROPERTY ADDRESS xxx NW 8th Ave.. Delray Beach LEGAL DESCRPTION Lot 15, Block 2, Town of Delray Plat Book . Page % OF AREA MEDIAN HOUSEHOLD INCOME $4 # IN HOUSEHOLD 3 COST OF HOUSE $77,500 COST OF LOT $ 9,000 CLOSING COSTS $6.247.70 TOTAL TRANSACTION $ 92.747.70 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 70,700,00 CFC Bank RATE 7.25 % LTV 79.0 % SECOND MORTGAGE $ 7,000.00 City of Delray. HOME $10.323.70 City of Delray, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" CITY PERMIT FEES WAVIED $ 1,800.00 APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $ 2119.00 TOTAL TRANSACTION $ 92,747,70 sub~qst.,~pd MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~-~' - MEETING OF JANUARY 6, 1998 REQUEST FOR FINAL PAYMENT/EAGLE METAL FABRICATORS, INC. DATE: JANUARY 2, 1998 This is before the Commission to approve a request for final payment in the amount of $4,898.00 to Eagle Metal Fabricators, Inc. for repair and painting of the structural frames of the 100 foot Christmas Tree. This work has been done and completed within the contract time frame and project budget. Recommend approval of the request for final payment to Eagle Metal Fabricators, Inc. Funding is available from the General Construction Fund (Account 334-6112-519-46.90). Agenda Item No. '//- AGENDA REQUEST Date: December 10. 1997 Request to be placed on: x Regular Agenda __ Special Agenda __ Workshop Agenda When: January_ 6. 1998 Description of item (who, what, where, how much): Staff request City Commission approve Final Payment to Eagle Metal Fabricators, Inc., in the amount of $4,898.00 for the painting of the structural frames of the 100 foot Christmas tree. Funding is available form Account number 334-6112-519-46.90. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve Final Payment to Eagle Metal Fabricators, Inc., in the amount of $4,898.00 for the painting of the structural frames :fetphaertlm0~nf:~te aCdh iisl nma:~ rter~e '//~. ~,~/~ ~,~~' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r/eq~ed on all items involving expenditure of funds): ,.~ Funding available: E~__~O .......... ,~.~\~/ Funding alternatives(if applicable): . (~ Account No. & Description ~'~ '-.t.__~ Account Balance ~ L~ ~o~ ~ City Manager Review: Approved for agenda: '/'~S/NO Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9742~agreq106 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Josh Aguila, A.I.A.r-~/~ Construction Manager Date: December 10, 1997 Subject: AGENDA REQUEST 01/06/98 Christmas Tree Repair and Repainting Project Project No. 97-042 Attached is an Agenda Request for City Commission approval of Final Payment to Eagle Metal Fabricators, Inc., in the amount of $4,898.00. The work has been completed within the contract price and allocated time frame. Funding for this work is available from the General Construction Fund Account number 334-6112-519-46.90. cc: Agenda File 01/06/98 Dick Hasko File 97-042 (A) s\...\9742~agrnem106 INVOICE 954/583-8353 FAX 954/583-0025 I EAGLE Metal Fabricators, Inc. 4300 S.W. 59th AVENUE / FORT LAUDERDALE, FLORIDA 33314 -] Date=__N__o_yember 18,1997 City of Delray Beach Department of Enviromental Services Our JobNo._ A8-268 (3F) 434 South Swinton Avenue Delray Beach, Florida 33444 Your Job or P.O. No. 560007 J Terms: Net loth Prox. FINAL FOR RETAINAGE -, QUANTI~ ITEM AMOUNT TAX TOTAL One PRJ 97-042 Christmas Tree Framework Repair- $48,980.0( Complete to Date- 48,980.0( Less Previous Invoices- 44,082.0( Total Due this Invoice- $ 4,898.0( MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY IVlJ~AGER~2q~ SUBJECT: AGENDA ITEM # ~'~-- REGULAR MEETING OF JANUARY 6, 1998 REQUEST FOR FINAL PAYMENT/MURRAY LOGAN CONSTRUCTION DATE: JANUARY 2, 1998 This is before the Commission to approve final payment in the amount of $150,884.99 to Murray Logan Construction, Inc.. for completion of the Miscellaneous Barrier Island Stormwater Pump Stations and Drainage Improvements project. Funding will be as follows: 1993 Water & Sewer Revenue Bond 440-5179-536-63.61 (Morikami Improvements) $ 14,000.00 Water & Sewer Fund Expenditures 441-5122-536-34.90 (Contractual Services) $ 1,600.00 Water & Sewer Renewal & Replacement 442-5178-536-61.46 (Media Replacement/WTP) $ 1,220.00 442-5178-536-61.78 (Water Distribution Improvements) $ 9,764.05 442-5178-536-61.84 (Manhole Rehab) $ 2,275.00 442-5178-536-63.90 (W&S-Other Improvements) $ 4,500.00 Stormwater Utility Fund Expenditures 448-5411-538-62.35 (Barrier Island) $117,525.94 Recommend approval of final payment in the amount of $150,884.99 to Murray Logan Construction, Inc., with funding as shown above. ref:agmemol9 Agenda Item No. ~ AGENDA REQUEST Date: December 30, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Januray 6, 1997, 1997 Description of item (who, what, where, how much): Staff request the City Commission to consider approval of final pa~nnent of $150,884.99 to Murray Logan Construction, Inc. for the Miscellaneous Barrier Pump Stations and Drainage Improvements (Proj 95-31). Also included is a ~Contractors Past Performance Report" for your review. ORDINANCE/RESOLUTION REQUIRED: YES/~FT ATTACHED YES~O Recommendation: Staff requests the City Commission to consider approval of final paymennnt to Murray Logan Construction,,.~nc. Department head signature: -'~ (~-' ~ }~-~'~'~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternatives (if applicable) Account No. & Description See account numbers below. Account Balance As of 12/31/97 ~Y] '0' City Manager Review: Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Dis approved 440-5179-536.63.61 Im,p, rov Morikami $ 2,500.00 440-5179-536.63~61 " 11,500.00 441-5122-536.34-90 Contr Serv 1,600.00 Budget trsfr pend.- 442-5178-536.61-46 Media Replace WTP 1,220.00 (see attached) 442-5178-536.61-78 Water Distr Improv 9,764.05 442-5178-536.61-84 Manhole Rehab 2,275.00 442-5178-536-63.90 W&S-Other Improv 4,500.00 448-5411-538.62.35 Barrier Island 117,525.94 Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction D/~io~ Date: December 30, 1997 Re: Final Payment - Miscellaneous Barrier Island Storm Water Pump Stations and Draina.qe Improvements - Project 95-31 Attached for Commission approval is an agenda request for final payment to Murray Logan Construction, Inc. for the above referenced project. The amount of the final payment is $150,884.99 per the attached payment application. Also included is a "Contractors Past Performance Report" for your review. File: Memo to City Manager 9531A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 0~ SUBJECT: AGENDA ITEM ~----~3~- REGULAR MEETING OF JANUARY 6, 1998 RATIFICATION OF APPOINTMENT TO THE KIDS AND COPS COMMITTEE DATE: JANUARY 2, 1998 An application has been received from Grant A. Edwards to fill an existing vacancy on the Kids and Cops Committee in the category of "Citizen-at-large" The term will expire on April 22, 1998. Pursuant to Section 32.41(A) (7) of the Code of Ordinances, there shall be a citizen-at-large representative, as may be designated by a community civic organization interested in the enhancement of the program. Mayor Alperin suggested that Mr. Edwards be placed in this category. A check for municipal liens and/or code violations was conducted. None were found. Recommend ratification of the appointment of Grant A. Edwards as the citizen-at-large representative on the Kids and Cops Committee, to fill an unexpired term ending April 22, 1998. ref:agmemo20 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) PRINCIP~ BUSINESS ~D~SS (S~reet, City, Zip Code) LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD 5.-/-a -~e ~.,, ,~ ,V~+.'~,~/ ~.; ~z aA,,.,,,..+rZ.,~. ~t 5-~+~ GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION DESCR'rBE EXPER'fENCES, SKILLS Ol}' KNOWLEDGE WHICH QUALIi~/ YOU TO SERVE ON THIS PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 4/90 Grant A. Edwards 850 Kokomo Key Lane Delray Beach, Fl. 33483 Day (800)749-0920 Origin: Hampton, Ia. Parents: Father(Contractor)&(City Council member). Mother(Educator)&(Philanthropist). Undergraduate & Graduate studies: Florida State University. Volunteer: March of Dimes, Habitat for Humanity, Coastal and Highway Cleenups, Various Retirement homes, and Participant in the North Federal Highway Redevelopment Process. Leadership: Proven leader...Repeatedly elected or appointed to senior post of responsibility. Summary: A seeker of challenge...proven and confident of successful production in any arena. Local (561) 362-6960 980 North Federal Highway WATS 1-800-749-0920 Boca Raton, FL 33432 FAX (561) 338-2738 MEMOPJtNDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~'~' - MEETING OF JANUARY 6, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JANUARY 2, 1998 Attached is the Report of Appealable Land Use Items for the period December 8, 1997 through January 2, 1998. 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 appealable actions for the period stated; receive and file the report as appropriate. TO: DAVID T. HARDEN, CITY MANAGER THRU: DEPARTMENT OF PLANNING AND ZONING FROM: ~JASMIN ALLEN, PLANNER SUBJECT: MEETING OF JANUARY 6, 1998 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 8, '1997 THRU JANUARY 2, '1998 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of December 8, 1997 through January 2, 1998. This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides 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 City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. City Commission Documentation Appealable Items Meeting of January 6, 1998 Page 2 No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for final action. · Approved (6 to 0, Eliopoulos absent), the preliminary plat and certified the final plat as being consistent with the preliminary plat for Delray Ocean Estates North II, a two-lot single family subdivision, located on Andrews Avenue, 230 feet south of Harbor Drive and west of Ocean Boulevard. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 6.1.3(C) "Sidewalk Construction Regulations" and Section 6.1.4(C) "Driveway Construction Requirements". · Recommended approval (6 to 0), of the abandonment of the DRI (Development of Regional Impact) status and an amendment of the SAD (Special Activities District) Ordinance for the Waterford Place/Delint Center DRI. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 4.4.26(H) reducing the minimum floor area allocated per tenant or bay in the LI (Light Industrial) zoning district. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 4.4.13(H) regarding density restrictions on residential dwelling units within the CBD (Central Business District) zoning district, west of the Intracoastal Waterway. · Recommended approval (5 to 1, Young dissenting) of an amendment to the Community Redevelopment Plan. A. Approved on a 5 to 0 vote (Sitler absent, Branning late), the request to eliminate the condition of approval requiring the installation of two additional Hong Kong Orchid trees along the north side of the Delray Beach Tennis Center Ticket Office Facility, to be located south of the Community Center. B. Approved (6 to 0), a request for a color change for Silver Plating, located at the southwest corner of George Bush Boulevard and N.E. 6th Avenue. City Commission Documentation Appealable Items Meeting of January 6, 1998 Page 3 C. Approved with conditions (5 to 0, Carter stepped down), the landscape plan associated with the construction of a water reclamation tank at the South Central Regional Wastewater Treatment Plant, located on the east side of Congress Avenue, north of Lake Ida Road. D. Approved (6 to 0), the architectural elevation plan associated with the installation of a gazebo and playground equipment at Water's Edge a multi-family development, located on the west side of Congress Avenue, south of Lake Ida Road. E. Approved with conditions (6 to 0), the architectural elevation plan for a maintenance building at the Fountains at Delray Beach (fka Bayberry Landing) a multi-family development, located on the west side of Military Trail, north of West Atlantic Avenue. F. Approved (6 to 0), the architectural elevation plan to allow facade changes at the Sanderson Building, located on the south side of East Atlantic Avenue, between S.E. 6th Avenue and S.E. 7th Avenue. G. Approved on a 6 to 0 vote, a major site plan modification and landscape plan associated with the construction of a 2,040 sq. ft. building addition to three existing commercial buildings for Pineapple Town, located at the southeast corner of N.E. 2nd Street and Pineapple Grove Way (N.E. 2nd Avenue). The architectural elevation plan was approved on a 5 to 1 vote (Carter dissenting). Concurrently, the Board approved the following waivers: · Reduced the required right-of-way width for Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 2nd Street from 60' to 50' thus waiving the requirement for this property to dedicate 5' of right-of-way; and, · Reduced the perimeter landscape strip width from the required 5' to 3.5'. H. Approved on a 6 to 0 vote a minor site plan modification (Class III) and architectural elevation plan (landscape plan was tabled) associated with certain site changes at the Camino Real Hotel, located at the northwest corner of East Atlantic Avenue and Ocean Boulevard. Concurrently the Board waived the requirement to provide a 5' landscape strip between the two abutting parking spaces in front of the main entrance. City Commission Documentation Appealable Items Meeting of January 6, 1998 Page 4 I. Tabled (6 to 0) a minor site plan modification (Class III) to allow the construction of five free standing garage buildings at Summit Del Ray Apartments {fka Palm Cove), located on the south side of Linton Boulevard, west of Homewood Boulevard. The Board tabled the item so that the applicant may address the relocation of two of the proposed garage buildings. J. Approved (6 to 0), a major site plan modification, landscape plan and architectural elevation plan associated with a 2,538 sq. ft. building addition at Shuler's Memorial Chapel, located at the southwest corner of West Atlantic Avenue and S.W. 6th Avenue. Concurrently, the Board waived the required right-of-way width for S.W. 6th Avenue from 60' to 50', thus waiving the requirement for this property to dedicate 5' of right-of-way. K. Tabled (6 to 0), a major site plan modification (Class IV), landscape plan and architectural elevation plan associated with the conversion of an existing commercial building to a church, Berea Evangelical Missionary Church, located at the northwest corner of South Swinton Avenue and S.W. 8th Street (former site of Deer Park Water). The Board tabled the item so that the applicant may redesign the project to eliminate the proposed future expansions, provide additional parking so as to accommodate current intensity, and provide perimeter buffers and right-of-way dedications. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR C,LFSTREA. BL~. CITY COMMISSION MEETING OF JANUARY 6, 1998 L-30 CANAL ~ LAKE IDA ROAD I~, N.W. 2ND I ' L ...... $.W. 2Nh r'.'r-'- ..-.£'-I [ ...... . . >- ~ LOWSON BOULEVARD LINTON BOULEVARD BOULEVARD I ! i .~ i.. ..... J ? L-38 CANAL C-15 CANAL CITY LIMITS ........... A. - DELRAY BEACH TENNIS CENTER G. - PINEAPPLE TOWN (TICKET OFFICE) H. - CAMINO REAL HOTEL I MILE I B. - SILVER PLATING I. - SUMMIT DEL RAY APARTMENTS I I C. - SOUTH CENTRAL REGIONAL WASTE (f.k.o. PALM COVE APARTMENTS) SCALE WATER TREATMENT PLANT J. - SHULER'S MEMORIAL CHAPEL D. - WATER'S EDGE K. - BEREA EVANGELICAL ~,1 E. - THE FOUNTAINS AT DELRAY BEACH MISSIONARY CHURCH I~1 (f.k.o. BAYBERRY LANDING) ~ F. - SANDERSON BUILDING CITY OF DEEP, AY BEACH, FL PLANNINC ~ ZONING DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER %~7~/I SUBJECT: AGENDA ITEM # ~'~-- REGUI_~tR MEETING OF JANUARY 6, 1998 AWARD OF BIDS AND CONTRACTS DATE: JANUARY 2, 1998 This is before the City Commission to approve the award of the following bids and contracts: 1. Purchase award in the amount of $12,054.60 to Municipal Equipment Company via Lee and Collier Co-op Bid for the purchase of 18 sets of protective bunker gear for the Fire Department, with funding from 001-2315-526-52.22 and 001-2311-522-52.22. ref:agmemo8 Agenda Item No,: fL/ AGENDA REQUEST Date: December 31~ 1997 Request 5o be placed on: ~onsent XX ~a-~ Agenda Special Agenda Workshop Agenda When: January 06, 1998 Descriptzon of agenda item (who, what, where, how much): PBrchase Award- Purchase of eighteen (18) sets of protective bunker gear for the Fire Department from Municipal Equipment Company at a total cost of $12~D6~.60 from the Lee And ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Municipal Equipment Company for the purchase of eighteen (18) sets of protective bunker gear at a total cost $12,064.60. Funding from account codes 001-2315-526-52.22 and 001-2311-522-52.22 Department Head Signature: _/7~,,.~ ~ ~....~~ Determination of Consistency wit~prehensive Pla~: x City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ,~ Funding available: ~ NO Funding alternatives.~?'~ (ifc~applicable) Account No. & Description: Account B~lance: City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: ~ Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph~inance Director DATE: December 31, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JANUARY 06, 1998, PURCHASE AWARD PROTECTIVE BUNKER GEAR FOR FIRE DEPARTMENT Item Before Commission: The City Commission is requested to approve the purchase of eighteen (18) sets of protective bunker gear for the Fire Department from Municipal Equipment Company via the Lee And Collier Co-op Bid #97-200 at a total cost of $12,054.60. Background: The Fire Department has for protective bunker gear for Fire Department personnel. This protective bunker gear is available from the Lee And Collier Co-op Bid #97-200. A tabulation of bids is attached for your review. The award of this bid was made to several vendors based on a discount from manufacturer price and the different design requirements of the participating members of this Co-op bid. Municipal Equipment has agreed to extend to the City of Delray Beach this pricing per attached quote dated November 21, 1997, to Delray Beach Fire Department. The Fire Department recommends award to Municipal Equipment Company for the purchase of eighteen (18) sets of bunker gear. See attached memo dated December 31, 1997, from the Fire Chief. Recommendation: Staff recommends the purchase of the eighteen (18) sets of bunker gear from Municipal Equipment Company at a total cost of $12,054.60. Funding from account code's 001-2315-526-52.22 and 001-2317-522-52.22. Attachments: Quote From Municipal Equipment Dated November 21, 1997 Memo From Fire Department Dated December 31, 1997 Tabulation Of Bids From Lee Collier Bid 12/31/97 10:38 '1~561 243 7461 DELRAY BCH FIRE ~002 [ITY OF I)ELRIIY BEACH FIRE DEPARTMENT s~,WNO [)FI_RAY BEACH · C;U[I-$'I REAM · HIGHLAND BEACH DI~/.I~AY BEACH MEMORANDUM TO: DAVID HARDEN, CITY MANAGI FROM: R.B. REI IR, F1 RE CI liEF DATE: DECEMBER 3 l, 1997 SUBJECT: P! JRCHASI'; OF PROTECTIVE GEAR This is a request to purchase eighteen (18) sets of protective bunker gear from a Lee raid Collier Co-op bid for a total cost o1'$12,054.60. This is a budgeted item and thnding is available in budget line 001~2315-526-52-22, 001-2313-522- 52-22 and 001-2317~522-52-22. 1 have attached a copy of the co-op bid from Lcc and Collier. R.B. Rehr Fire Chief l~-lR/tw FIRE DEPAH'I ME!NT HEAL)QUARTER'._:; · 501 WFST ATLAN I1(.; AVENUE - DEl RAY BEACH, PI_ORIDA 33444 (.':.E. 1 ) 243-,,',r100 · ,'--;LJNCOM 928-7400 ,' FAX (561) ;743-7461 NOV P1 '97 16: 1P FROM MUNICIPAL EQUIPMENT PAGEo002 QUOTE PRINT R MUNICIPAL EQUIPMENT COMPANY NO. 008016 FAX# 407-648-4142 1124 S. WOODS AVE. Page 1 ORLANDO, FL 32805-3857 800-225-8448 11/21/97 ship-to: I Bill-to: 4170 DELRAY BEACH FIRE DEPT CITY OF DELRAY BEACH ACCOUNTS PAYABLE 501 W. ATLANTIC AVE 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 DELRAY BEACH, FL 33444 105/01/98 07 INET 10 DAYS O1 PREPAID[UPS QUOTED BY: DW QUOTED TO: TAMMY WHEATLEY TEM IDE ¢R TION PR*c I MI ExTH SION NFPAC06 JANESVILLE 32" LENGTH COAT, 10 El 393.90 EA 3939.00 7.$ OZ. NOMEX OUTER SHELL, 'SRS REBOUND LINER, ZIPPER .00 CLOSURE INNER, VELCRO CLOSURE .00 OUTER, 8" KEVLAR OVER THE .00 .THUMB WRISTLETS, .00 i3" HI-VISIBILITY LIME YELLOW '00~ REFLEXITE TRIM, 10"XIO"X2" FULL BELLOWS POCKET WITH GREY .00i iLEATHER INSIDE/OUT ON RIGHT '00: SIDE, DELRAY BEACH SPEC POCKET WITH GREY LEATHER INSIDE/OUT .00 ON LEFT SIDE, GREY LEATHER .00 SHOULDERS, ELBOWS AND CUFFS, .00 !3/4" X 3" GREY LEATHER MIC .00 TAB ON LEFT CHEST 1" DOWN FROM SHOULDER, 3" LIME YELLOW REFLEXITE LETTERS SEWN ON .00 YOKE "DELRAY" ARCHED OVER I "BEACH" . . 00 .00 COAT BASE PRICE @ $350.00 .00 ,HI-VIS 3" REFLEXITE TRIM $20.00 .00 !MIC TAB @ .80 .00 BELLOWS POCKETS @ $17.60 .00 3" LETTERS @ $27.50 .00 DEDUCT FOR HANDWARMER .00 POCKETS (-16.00) .00 DEDUCT FOR LRATHER SHOULDER .00 CONTINUED NOU 21 '97 16:12 FROM MUNICIPAL EQUIPMENT PAGE.003 QUOTE PRINT R MUNICIPAL EQUIPMENT COMPANY NO. 008016 FAX# 407-648~4142 1124 S- WOODS AVE. Page 2 ORLARDO, FL 32805-3857 800-228-8448 11/21/97 ship-to: 1 Bil i-to: 4170 DELRAY BEACH FIR~ DEPT CITY OF DELRAY BEACH ACCOUNTS PAYABLE 501 W. ATLA/ITIC AVE 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 DELRAY BEACH, FL 33444 REFEi~NCE ~ EXPIRES SLSP TEI~4S 05/01/98 I 07 NET 10 DAYS 01 PREPAID~UPS QUOTED BY: DW QUOTED TO: TAMMY WI~EATLEY STRAPS (-6.00) .00 NFPAP06 JANESVILLE CUSTOM DELUXE PANT, 10 EA 275.80 EA 2758.00 7.5 OZ. NOMEX OUTER SHELL, SRS REBOUND LINEt{, LITE N DRI .00 PADDED KNEES, GREY LEATHER . O0 KNEES AND CUFFS, (2)8"XS"X2" .00 FULL BELLOWS POCKETS WITM GR~Y .00 LEATHER INSIDE/OUT, 2" LIME . O0 YELLOW REFLEXITE SIDE TRIM, .00 3" LIM~ Ym.~.~.OW REFLEXITE TRIM .00 AROUND CUFFS, 2" VELCRO .00 CLOSURE. . O0 .00 BASE PRICE ~ $263.00 .00 9.- REFLEXITE SIDE .00 TRIM @ $10.40 .00 3" REFLEXITE TRIM AROUND · 00 CUFFS @ $2 · 40 . 00 F. O. B. D~.STINATION · 00 DELIVERY: 75-90 DAYS .00 PER LEE-COLLIER CO-OP BID -00 !btERCHANDISE MISC TAX FREIGHT TOTAL 6697.00 .00 .O0 2.64 6699.64 NOU a! '97 1G:13 FROM MUNICIPAL EQUIPMENT PAGE.004 GOLDEN GATE FIRE CONTROL & RESCUE DISTRICT 4741 GOLDEN GATE PARKWAY · NAPLES, FLORIDA 34116-6901 (941) 455--2121 · FAX (941) 455-7917 May 12,1997 .' m. Cm, s RECEIVED HA'f Municipal Equipment Co. 1124 S. Woods Ave. Orlando, Fl. 32805 Dear Rina: On behalf of the Co-op Purchasing Committee, I wish to thank you for your bid. You we.re the successful bidder on the following: I~.. g .er # 31280 boots 95.00 ISI Magnum air-pak 1564.00 Gloves Guantlet w/mb 24.20 Wristlet w/o mb (not NFPA) 17.50 ~antl~t w/o mb.(not .N~A) 14.50 Cairns metro 662CK 146.00 calms. Sam Houston 6A 3 64.00 Cairns classic' 1000 ". 224.00 Cairns $801C-4" f-shield 26.50 Cairns 8901C-4" f-shield 27.00 Cairns 4" F4 26.00. Cairns 6" F6 28.00 Suspenders 12.00 PAL III Pass devic~ 121.00 PAL V Pass device 134.00 Litebox # 45107 88.00 Nomex hoods 15.75 PBI hoods \dr,~1'~''~0'cc' 18.00 Ranger boots # 3045 I82.00 Ranger b6.ots # 3044 ~_i~, ~f~ 184.00' Ranger boots #.3042 ~ ~ 174.00 Intake FSPKV 501~I' 60NST 580.00 Storz spm~er .snapt FSP1L 12.00 And the fo.llowlng bunker gear on.page two. l_fl can be of any assistance to you,. please don't hesitate to call. Assistant Chief NOU PI 'El7 1~: 13 FROM MUNICIPAL EOUIPMENT PAGE.005 ? LEE & COLI,I-ER CO-OP BID LIST B~R GEAR MFG- JANESVILLE VENDOR-' MUNICIPAL ra,qDmONAL COAT NFFA CO6 350.00 TRADITIONAL PANT lqt*PA PO6 263.00 SHORT COAT CMDOC 06-29" (ADD $ ~ FOR 32") 347.00 TP,.OUSEKS SUPL*K 06 303.00 TRADITIONAL COMMANDO PRO .T. ECTALL ITEM · COAT PANT_,, COAT PANT _ 7.5.PB3~ ~2EVI?R I00.00' I00.00 i00.00 100.00 6.0 PB~r,<3ZVLm~ .$0.00 s0.00 S0.00 s0.00 7.0,~V,tu'qCaZ s~]r~L 30.00 30.00 30.00 30.00 B~~~X ~89 -mOO -1S.00 .mOO -15.00 SUCK 2000 Lr~ 5~.00SS.00 SS.00 55.00 ~C T~L}ZT~ ~S.00..S.W mOO S.00 '2aZ'S~L~~. 2.S0 ~X{i~ ~q~ m~O ~OC~T ~S.S0 ]~.~0 ; ~O ~~T ~B] iv.~o 1 ~IO P ~V~CE 14.50 ~4.~0 ZmP~O ~C. ~C N/C N/C S~ ~SP~~ 14.00..· ~4.00 ~ S~S ~/~ . I9.'00' '19:~ . DISCOLrI~S OFF OPTIONS NOT LISTED 20 TERMS: N~.,? DELIVEKY 60 DAYS ·: -~,' ~, · - NOV 21 '97 lB: 14 FROM MUNICIPAL EQUIPMENT PAGE.OOG Custom Turnouts Prices effective May 5, 1997 Janesville Division of Lion Apparel P.O. Box 13576 Dayton, OH 45413-0576 Phone: 800/421-2926 Fax: 937/898.9204 internet: http://www.lionapParel,com NOU ~! 'S? ]6:14 FROH HUNICIPAL E@U]F'HENT PAGE.£4D? RETAIL PRICE U ST n Pockets and O ons Damon, ~ 4~1~0576 Freedom' Design pho~ 8~21-2926 ~ 937~9~2~ Fully ~mplian[ with NFPA 1971. 1997 ed~ion and OS~ Standard 29CFR t910.10~ intemet: h~Y~.lionapparel.com 7.g oz ~ ~m ~ $42 ~2 ~8 ~ ~0 $~ $24 ~.s ~ Pet ~ld $~ $~ ~ $70 $72 S~ ~2 $70 ~38 7.5 o= PBI m~k $76 570 $70 $76 $80 S~ $~ 574 1,S ez ~ ~8 ~ $~ S70 S72 $58 ~2 $70 P~ / ~.~ o~ ~x t~ $22 $20 $16 ~2 $16 $27 5~8 $~3 $7 7.~ oz A~ANCE S26 $20 $1 B S5B S1S $30 520 $14 6.0 ~ Fm ~ld 5~ $26 $21 $70 S~ ~2 $27 $19 ?.5 oz P~ 8~ ~ 0 ~8 S24 S80 $~ ~9 S 32 S~ $10 7~ ~ ~-- ~ $26 $~ S74 224 ~ S~ $~ S ~ 0 B~ fa~c fl~hXte ~ ~ ~ p~ $14 ~ $5 $12 ~, .......~ ~ ~ ~ p~ S17 $17 , . . No NOU 21 '97 16:15 FROId MUNICIPAL EQUIPMENT PAGE.008 Jzn~v~l~ Trim Pa erns Damon, Ohio 4~1~576 phone 8~21 FreedomTMDesign f~ ~7~92~ interact: ~J~.lionapparel.~m Fully ~mplia~ with NFPA 1971, 1997 ~ifion and OS~ Stands~ 29CFR 1910.1030 2".3' Ng'PA 530 N/A 2' NFPA //~ $? ~'~ N/A Scotchlite'wa and Reflexite~ Sewm $2.50 3' NFPA $34 NIA $10 Sc~tchlitaTM Iron-On Lette~ $2.00 3' New YO~, City $4~ ' ,546 I 2' Vertical $~e ~ N/A 2' and 3' Lette~ Se~ Loose $1.50 ' ............. ._ Ir,, Fl I ,,F ~' ~! ~ Il I I 1 Ill. '11 NFPA STYLE NEW' YORK CITY HIGH-V~SIBiLITY PROJECT FIRF-.~ Commando CMDF Super P~nt PSU~ Custom Deluxe Coat CDXF Custom (Deluxe Pant PJVF Super Deluxe Coat CSDF Super Deluxe Pant PSDF Super Coat CSUF Pr~ces are sat)jec~ to. Change Ja .n~t~l~. a FRIGHT PO~CY: Frel~t co~ ~1/ ~ ~ ~nsi~'li~ of ~e d~ler on ln~v[dual o~e~ I~ ~ ~ unl~ MEMO To: Area Fire Chiefs From: Co-op Purchasing Committee Subject: Co-op Bids 97/95 Date: May 15, 1997 Attached, please find a list of items and prices for the coming year. The bids were accepted by the committee on May 8 and opened and awarded on May 9. These bids will remain in effect for on~ year. If you are contacted by a city, county, municipality or local fire department requesting to tag on our bid, please have them contact either ChiefAdema or Assistant Chief Swab. If'you have any questions on the bids, please contact Chief Gerald Adema at (941) 433-0660 or Assistant Chief Greg Swab at (941 )455-2121. ' LEE & COLLEER CO-OP BID LIST ITEM PRICE TRADITIONAL COAT NFPA CO6 TRADITIONAL PANT NFPA PO6 SHORT COAT CMDOC 06-29" (ADD 5 % FOR 32") 347.00 TROUSERS SUPER 06 303.00 TRADITIONAL COMMANDO PROTECTALL ITEM COAT PANT COAT PANT 7.5 PBI/KEVLAR 100.00 100.00 100.00 100.00 6.0 PBI/KEVLAR 80.00 80.00 80.00 80.00 7.0 ADVANCE SHELL 30.00 30.00 30.00 30.00 BREATHE-TEX E-89 -15.00 -15.00 -15.00 -15.00 NOMEX LIN-ER E/E F_dE E/E E/E E-89 LINER E/E E/E E/E E/E SLICK 2000 LINER 55.00 55.00 55.00 55.00 NYC TP, ZPLE TRIM 18.00 18.00 18.00 18.00 2 & 3" SEWN LETTERS 2.50 2.50 RADIO POCKET 13.50 13.50 RADIO POCKET PBI 17.50 17.50 RADIO P ADVANCE 14.50 14.50 Z~PEPUVELCRO N/C N/C N/C N/C S/D SUSPENDERS 14.00 14.00 S/D SUS W/TRIM 19.00 19.00 TERMS: NET 30 DELIVERY 60 DAYS ARO LIST OF SUCCESSFUL BIDDERS Elite Fire & Safety Harrison Uniform Attn: Bob Benker Attn: David F. Abbott 3573 Enterprise Ave. Ken Brown Naples,Fl 33942 4650 28 th st. N. 1-800-432-3626 St. Petersburg,Fl 33714 1-800~700-4654 # 2 Firequip Attn: Sam Campbell P.O. Box 2598 Burlington,N.C. 27216 1-800-334-6823 Municipal Equipment Co. Attn: Rina Capps 1124 S. Woods Ave. Orlando,Fl. 32805 1-800-228-8448 Safety Equipment Co. Attn: Joyce Paradise 6507 N. Hamey Rd. Tampa, Fl 33610 1-800-226-6658 TEN-8 Fire Equipment Attn: Bruce Scott 2904 59th Ave. Drive E. Bradenton,FI 34203 1-800-228-8368 Bennett Fire Products Attn: Danny Bennett P.O. Box 2458 Woodstock,Ga. 30188 1-800-991-0520 [IT¥ DF DELRI:I¥ BEI:I£H CITY ATTORNEY'S OFFICE ~°° ~TM^~' ~'-"^~"~-^~"' ~°"'~^--" TELEPHONE 561/243-7090 · FA~IMILE 561/278-4755 w~ter~s Dir~et~ L~e: 561/243-7~1 D[LRAY BEACH Ill.ca Ci~ ~MO~~ TO: City Co~ission FROM: David N. Tolces, Assistant City Attome~~ SUBJECT: Woods of Southridge Road Improvements Speoial Assessment District - Resolution of Necessity The attached resolution, if approved, will authorize City stafg to prepare~the assessment roll, mail notices, and advertise a public hearing for the W0ods>cofSoathridge Special Assessment District. The City will split the cost for road ~feconstmction with the Association. The City will pay one-third of the cost and thehAs~ciation will pay two- thirds of the cost. The City Commission must approve the resolution of necessity i~ ord~ for City staff to prepare the assessment roll. The City will publish the reso[uti~ fo~, two consecutive weeks along with a notice of the public hearing for the approvalvof the assessment roll. It is anticipated that the public hearing will be on February 3, 1,998;. If you have any questions concerning this matter, please call. DNT:ci Attachment cc: David Harden, City Manager Randal Krejcarek, City Engineer Barron Caronite, Engineer I Alison Harty, City Clerk Dan Marfino, Senior Planner RESOLUTION NO. 5-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC ROADWAY IMPROVEMENTS ON S.W. 8TH AVENUE, ZEDER AVENUE, SOUTHRIDGE ROAD, SUNDY AVENUE, DOUGLAS AVENUE, ELLA STREET, BENJAMIN AVENUE, AND BESSIE STREET, AND DIRECTING THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR PUBLIC IMPROVEMENTS TO THE ROADS DESCRIBED HEREIN; PROVIDING FOR THE ESTIMATED COST OF THE IMPROVEMENTS; PROVIDING FOR THE PREPARATION OF THE ASSESSMENT ROLL. WHEREAS, the City Commission of the City of Delray Beach is authorized to impose special assessments pursuant to Article 8.4 of the City of Delray Beach Land Development Regulations and Chapter 170 of the Florida Statutes; and WHEREAS, the City Commission finds that there is a need for the improvement of the existing roads in the Woods of Southridge Subdivision; and WHEREAS, the proposed public improvements include the reconstruction and the repaying of the existing roadways; and WHEREAS, the roadways which will be improved include S.W. 8th Avenue 300 feet north of Linton Boulevard, Zeder Avenue, Southridge Road, Sundy Avenue, Douglas Avenue, Ella Street, Benjamin Avenue and Bessie Street as indicated on Exhibit "A" attached hereto; and WHEREAS, the area in which the improvements will be performed shall be known as the Woods of Southridge Special Assessment District ("Assessment District"); and WHEREAS, the owners of property within the Assessment District requested the City perform these improvements, and shall pay two-thirds of the cost of the improvements; and WHEREAS, the total cost for the improvements is estimated to not exceed $275,456.00; and WHEREAS, the City Commission directs City staff to place on file in the City Manager's Office specifications and cost estimates for the improvements; and WHEREAS, the lands upon which the special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon the road improvements or specifically benefited thereby and further designated by the map attached hereto as Exhibit "A"; and WHEREAS, the City Manager shall prepare and present to the Commission an assessment roll showing the lots and lands to be assessed and the amount of the assessment as to each. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby declares a need for the public improvements within the Woods of Southridge Special Assessment District in conformance with the above recitals and for the imposition of a special assessment in conformance with this resolution. Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 6th day of January, 1998. A~O R ATTEST: City Clerk - 2 - Res. No. 5-98 EXHIBIT "A" to RESOLUTION NO. 5-98 WOODS OF SOUTHRIDGE SPECIAL ASSESSMENT DISTRICT - OVERALL LIST OF PARCELS - # OF BLOCK LOTS PARCELS 6 1-18 18 7 6-12 7 8 1-7, 8/9', 10/11', 12-20 18 9 1/26', 2-13, 14/15',16-24, 25/27* 23 13 1-7, 8/9',10-12 11 14 1-4, 5/6' 5 15 1-6 6 16 1-12 12 17 1-3 3 18 10-15 (NOW PART OF SHERWOOD GARDENS) 6 18 1-9, 16-18 12 19 4-13 (NOW PART OF LINTON GARDENS) 11 19 1-2 2 TOTAL # OF PARCELS: 134 *Denotes multiple parcels to be joined by a "Unity of Title". MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~, SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF JANUARY 6, 1998 AGREEMENT WITH NEW JERUSALEM CHURCH OF GOD IN CHRIST FOR CONDITIONAL CERTIFICATE OF OCCUPANCY DATE: JANUARY 2, 1998 This is before the Commission to consider approval of an agreement which would allow the New Jerusalem Church of God in Christ to obtain a conditional certificate of occupancy without first having to install the landscaping and irrigation pursuant to the approved plan, and without having to post a landscape bond as required by LDR Section 2.4.10(G) . In exchange for being allowed to occupy the site, the Church agrees to complete all of the improvements required by the site plan no later than February, 1999, through a phased approach. Phase I will consist of the installation of irrigation and perimeter landscaping (trees, hedges and sod) on the west and north sides of the property by June 8, 1998. Phase II will include installation of the balance of all irrigation and landscaping by February, 1999, or sooner. The conditional certificate of occupancy may be revoked if the improvements are not installed pursuant to the schedule contained in the agreement. The Commission has approved and staff has administered a similar agreement with the Lake Ida Church of Christ. Although it took longer than expected to complete the improvements due to their financial condition, the minister and congregation were very cooperative and the work was completed. Recommend Commission consideration. ref:agmemo21 Date: 12/31/97 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: x ~ Regular ~ Special ~ Workshop ~ Consent When: 1/6/98 Description of Agenda Item: Proposed Agreement Between the C±ty of Delray Beach and the New Jerusalem Church of God in Christ Ordinance/Resolution Required: Yes[(~ Draft Attached: Yes / No Recommendation: Approval Department Head Signatur · 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 fS~L Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 MEMORANDUM DATE: December 31, 1997 TO: David Harden, City Manager FROM: Lula C. Butler, Director, Community Improvemen RE: Proposed Agreement Between the City and New Jerusalem Church of God In Christ ITEM BEFORE THE COMMISSION: Consideration of a request to execute an agreement between the City of Delray Beach and the New Jerusalem Church of God In Christ, providing for the issuance of a Conditional Certificate of Occupancy without the installation of 100% of the required landscaping and irrigation and without having to post a bond. BACKGROUND: Minister Herbert Young, Pastor of the New Jerusalem Church of God In Christ, is requesting City Commission approval to enter into an agreement between his church and the City, providing for the issuance of a Conditional Certificate of Occupancy on or before February 8, 1998. The Conditional CO is required because the church anticipates that it will not be able to have 100% of the required irrigation and landscaping completed by February 8, 1998, while his building will be complete and they are unable to post the required financial bond, pursuant to Section 2.4.10 (G) of the Land Development Regulations. Minister Young has stated that the church should be able to complete all the required improvements within one year of their conditional certificate of occupancy. He is proposing a two (2) phase plan as follows: Phase I Completion of perimeter irrigation and landscaping (trees, hedges and sod) on the West and North (Lake Ida Road) sides of the property. To be completed by June 8, 1998. Phase II Complete the balance of all other irrigation and landscape requirements approved with the site plan for this project on or before February, 1999. (This phase includes the stabilized parking area created as a result of increased seating capacity within the existing facility. The church has formally sought revised site plan approval for the additional capacity). The Commission approved a similar agreement in May 1993 with the Lake Ida Church of Christ with similar conditions. That agreement provided for all improvements (proposed under a three (3) phase construction plan) be completed within one year of the executed agreement. The church completed the required improvements over a four (4) year period. The minister and congregation were very cooperative but their financial situation did not happen as predicted. The Commission approved an amendment to the agreement extending the time of performance for the first phase; still the project took two and a half years longer than they anticipated. I have attached a copy of the landscape plan with the two phases identified for the Commission's reference. Minister Young will be present at the Commission meeting to answer any questions from the Commission. Also, please note that the initial written request differs from what is being proposed in this agreement. We met with Minister Young to discuss our staff concerns with his proposal. We believe the terms negotiated by staff could be supported if the Commission desired to enter into such an agreement. RECOMMENDATION: Staff is recommending that the Commission consider entering into the proposed agreement providing the applicant presented enough information that would give the Commission some assurance that funding for the improvements will be available within the timeframe proposed. Attachment 2 AGREEMENT THIS AGREEMENT, entered into this day of , 1998, (hereinafter referred to as the "Agreement"), by and between the CITY OF DELRAY BEACH, FLORIDA, and its successors and assigns, (hereinafter referred to as "City"), a municipal corporation existing under the laws of the State of Florida, and the NEW JERUSALEM CHUCH OF GOD IN CHRIST, and its successors and assign (hereinafter referred to as the "Church of God In Christ"). WITNESSETH: WHEREAS, the City Commission at its meeting of , waived the requirements contained in Section 2.4.10(G), "Landscaping Bond" in order to allow the New Jerusalem Church of God In Christ to obtain a conditional certificate of occupancy that having to first install their landscaping and irrigation pursuant to the approved plan, and without having to post a landscape bond; and WHEREAS, in consideration for the City Commission's decision to waive the above requirements, and to allow it to occupy the site, the New Jerusalem Church Of God In Christ desires to set out a schedule for completion of the landscaping and irrigation improvements; and WHEREAS, the City and the Church of God In Christ agree that the Church will complete 100% of the landscaping plan as required by their site plan, no later than February, 1999. NOW, THEREFORE, pursuant to the respective powers granted to the City and in consideration of the mutual covenants contained herein, the parties mutually agree as follows: Section 1. Installation Schedule. The Church of God In Christ shall complete the landscaping and irrigation as indicated on the site plan which is attached hereto as Exhibit "A" pursuant to the following schedule: Phase I Install irrigation and perimeter landscaping, (trees, hedges & sod) on the West and North sides of the property by June 8,1998. Phase II Install the balance of all irrigation and landscape required by February, 1999 or sooner. Section 2. Inspection: Church of God In Christ shall notify City at the time improvements are installed in order that the City may make a prompt inspection of the landscaping improvements. Section 3. Default. City shall have the right: a. To install the improvements and recover from the Church of God In Christ the cost for materials and labor expended to install the improvements if the improvements are not installed by the above mentioned dates. Prior to doing any work on the property, the City shall provide the Church of God In Christ with thirty (30) days written notice of its intent to install the landscaping improvements. b. To revoke the conditional certificate of occupancy issued by the City Commission of the City of Delray Beach on if the landscaping and irrigation improvements are not installed pursuant to the schedule outlined in Section 1 of this agreement. Prior to revoking the conditional certificate of occupancy, the City shall provide the Church of God In Christ with thirty (30) days written notice of its intent to revoke the conditional certificate of occupancy. c. To enforce the provisions herein, including but not limited to, specific performance in a court of law or equity. Section 4. Multiple Counterparts. This agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. Section 5. Severability of Invalid Provisions. If any clause, provision or section of this agreement be held illegal or invalid by any court, the invalidity of such clause, provision or section shall not effect any of the remaining clauses, provisions or sections hereof, and this agreement shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. Section 6. Governing Law. This agreement shall be governed by the laws of the State of Florida with venue in Palm Beach County, Florida. Section 7. Modification. No modification or extension of this agreement shall be valid unless the same is in writing and signed by both parties. Section 8. Notice. Any notice required under this Agreement shall be sent via U.S. Mail, return receipt requested, to: New Jerusalem Church of God In Christ Minister Herbert Young 139 NW 5th Avenue De[ray Beach, FL 33444 City of De[ray Beach: David Harden City Manager's Office 100 NW 1st Avenue Delray Beach, FL 33444 IN WITNESS WHEREOF the parties hereto have entered into this agreement the day and year first written. WITNESS: NEW JERUSALEM CHURCH OF GOD IN CHRIST By: (Type or Print Name) Attest: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form and Legal Sufficiency: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1998 by (name and title of officer or agent), a (state or place of incorporation) corporation, on behalf of the cooperation. He/She is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public EXHIBIT "A" :-~:: ~ -I . · I.~I .-~ I ....... :::::- ~; ~ .... ~,~ .....,,l ....... ._,:: ~]~: . I .! [ ( ..... ~,.,,,:,,,, I[: Ill;:. :-- :~l::l I:.Q~.: iii]l : i.::,.m,:i., :: ..... , lililllll llil][ :,'] ;' ,i~: 11 I, . I~h il i,,J i, Iii I.. :,i~ ,i :l:: l! !1, . , :, :.l Il , , I Ii' ' I 'i1 ' ::.~.:. · . - ~7 New Jerusalem Church of C<>d in Christ 139 Northwest 5th Avenue Deiray Beach, Florida 33444 Herbert Young, Pastor Church Number: 407-274-3425 Pastor Number: 407-276-7931 I"' RECEIVED DEC 2 ~ 1997 ADM!NISTRAT_!.0..N'~ NE W .]ER USA L EM CHURCH OF GOD IN CItRIST 139 N.W. 5th A ~e Delray Beach, FLA. 33444 (561) 274-3425 December 9, 1997 Mr. Jerry Sanzone Chief Building Official City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 RE: Permit Number 95-32865 Church Of God In Cluist 425 Roosevelt Avenue Delmy Beach, FL. Dear Mr. Sanzone: As we are nearing the end of our construction activities on the above mentioned property, we are interested in obtaining a Temporary Certificate of Occupancy so that we can occupy the facilities. At this time it appears that there are a few items which we won't be able to complete before the full CO is granted, therefore, we are asking that you please consider granting us a temporary CO for one hundred and twenty (120) days, that we maybe able to occupy and complete the requirements. The items which will not be completed at this time are the irrigation system, landscape and provisions for additional off-site parking. These items are all being worked on and should be completed within the requested time. Any support and consideration will be greatly appreciated. As you know, we have been constructing this facility for some time now and we are excited about the possibility of having our first church service as we enter into a new year. Sincerely, Reverend Herbert Young I R E C E IV E D Pastor !cC 1 1 1997 cc: Mrs. Lula Butler / ADMINISTRATION_ Community Redevelopment Agency Delray Beach MEMO TO: Susan Ruby, City Attorney cc: David Harden, City Manager Alison MacG-regor-Harty, City Clerk ....f'/~"-'~ FROM: Christopher J. Brown, Executive Director DATE: December 19, 1997 RE: Request of City Commission for the CRA to Acquire Property SUSan: The CRA Board of Commissions approved Resolution 97-8 (copy enclosed) at their meeting on Thursday, December 18, 1997, requesting City Commission to authorize the CRA to purchase the following property: The South 30' of Lot 6, Block 28, Town of Linton (Dekay), as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida By copy of this letter I am asking the City Clerk to place this item on the next regular meeting of the City Commission. Also enclosed is a copy of the resolution for the City. Thank you. /d Enclosure 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 RESOLUTION NO. 6-98A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, by Ordinance No. 46-85 adopted by the City of Delray Beach, the City Commission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and WHEREAS, pursuant to Section 163.370(1) (e) (2), Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the community redevelopment area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has been requested by Resolution No. 97-8, adopted by the Delray Beach Community Redevelopment Agency, to authorize the acquisition in fee simple by gift, purchase or eminent domain, of certain property described therein; and WHEREAS, Section 163.370(1) (e) (2), Florida Statutes, further provides that a community redevelopment agency may not exercise any power of eminent domain unless the exercise has been specifically approved by the governing body of the municipality which established the agency; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by gift, purchase or eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach Community Redevelopment Agency is hereby authorized to acquire fee simple title by gift, purchase or eminent domain that certain property more specifically legally described as follows: The South 30 feet of Lot 6, Block 28, Town of Linton (Delray), as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. Section 2. That this resolution shall take effect immediately upon passage. PASSED ~ ~OPTED in regular session on this the 6th day of January, 1998. ATTEST: .... ~city-~i~rk - 2 - Res. No. 6-98A MARTIN LUTHER KING JR. DRIVE CITY N.W. IST ST. ~ ~. COMMUNITY ~ z CENTER FIRE STATION ~ ~ TENNIS ATLANTIC · AVENUE ~ ~ I~ ~,,,, ,o,,~ ~o~ . COURT : HOUSE S.W. 1ST ST. S.W. 2ND ST. N ~ - C.R.A. PROPERTY AQUISITION - c,~ o,- ~,.~A¥.*'AC.. ~. (LEONARD DAVIS PROPERTY) PLANNING & ZONING DEPARTMENT -- D/C/l',ad. ~4SE M,,4P $~7'EM -- MAP R£F: LM201 RESOLUTION NO. ~7-F A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY REQUESTING THE CITY COMMISSION OF THE CITY OF DELRAY BEACH TO AUTHORIZE THE ACQUISITION IN FEE SIMPLE TITLE BY GIFT, PURCHASE OR EMINENT DOMAIN OF CERTAIN PROPERTY HEREINAFTER DESCRIBED, FINDING THAT SAID PROPERTY IS NECESSARY FOR THE PUBLIC PURPOSE OF REDEVELOPMENT IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT PLAN; AND FOR OTHER PURPOSES. WHEREAS, the Delray Beach Community Redevelopment Agency has duly adopted a Community Redevelopment Plan for the area within its jurisdiction; and WHEREAS, as part of its Community Redevelopment Plan, (the "Plan"), the Community Redevelopment Agency has established the redevelopment strategy for the West Atlantic Corridor to create positive visual impact to emphasize its importance as entrance to Downtown Delray Beach and to encourage redevelopment of the West Atlantic Avenue Business Corridor District; and WHEREAS, one of the projects set forth in the Plan is the "Peach Umbrella Plaza I Redevelopment Plan" of the West Atlantic Avenue Corridor, such project as set forth in the Plan, encompassing certain properties lying within the West Atlantic Avenue Corridor as more particularly described hereinafter in this Resolution; and WHEREAS, a component of the above-described project is the acquisition of lands necessary to facilitate said project; and WHEREAS, the Community Redevelopment Agency has determined that it is in the public's interest to proceed with the acquisition of the properties hereinafter described by gift, purchase, or eminent domain and pursuant to Chapter 163.330, et seq., Florida ~tatutes, being the "Community Redevelopment Act of 1969, it is appropriate to request the City of Delray Beach to authorize the Delray Beach Community Redevelopment Agency to exercise the power of eminent domain to the extent it determines is necessary for the said acquisition of the properties described below. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Delray Beach Community Redevelopment Agency that: ~: The City Commission of the City of Delray Beach is hereby requested to authorize the acquisition of the following parcels of real property legally described as follows: The South 30' of Lot 6, Block 28, Town of Linton (Delray), as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida by gift, purchase, or eminent domain as described in Chapter 163.330, et seq., Florida Statutes, being the "Community Redevelopment Act of 1969," and Chapters 73 and 74 Florida Statutes. The Delray Beach Community Redevelopment Agency shall acquire fee simple title to said properties following the delegation of the above-described power of eminent domain by gift, purchase, or eminent domain. ~_~: The Board of Commissioners of the Community Redevelopment Agency hereby determines that it is necessary to acquire the property described above pursuant to its Community Redevelopment Plan and more particularly the "Peach Umbrella Plaza I Redevelopment Plan" of the West Atlantic Avenue Corridor as contained therein. Section Three: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /~ day of ~C~ , 1997. At MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ SUBJECT: AGENDA ITEM # ~./2_ REGULAR MEETING OF JANUARY 6, 1998 APPEAL OF HISTORIC PRESERVATION BOARD ACTION TO DENY CERTIFICATE OF APPROPRIATENESS/327 S.E. 7TH AVENUE DATE: JANUARY 2, 1998 On November 19, 1997, the Historic Preservation Board denied a certificate of appropriateness (COA-329) for the design of a new single family residence proposed for construction at 327 S.E. 7th Avenue within the Marina Historic District. The Board took this action based upon failure to make positive findings with respect to three of the eleven visual compatibility criteria at Section 4.5.1(E) (8) (b), (d) & (k) of the Land Development Regulations. Those criteria and the basis of denial are set forth on page 3 of the attached City Commission documentation. The size and mass of the proposed structure were of primary concern. The applicant has appealed the Historic Preservation Board's action. The relief being sought is that the City Commission overturn the HPB decision and allow the residence to be built as proposed. The recommended action is to deny the appeal and uphold the decision of the Historic Preservation Board, based upon a failure to make positive findings with respect to Sections 4.5.1(E) (7) and (8) (b), (d) & (k) of the Land Development Regulations. ref:agmemol0 1 '/s $ ~K.Ti'tl OCF. AN 13~,VD. DELRAY ~ FL 334~3 tm,*, F~x(~l) 2"~.0560 Jnn~Fy ~, 1998 ~ Jctflor is a r~est to cbn~e our heal, nS date ~ ~ary 6, 199~ to lan~ 20, 1998. The a~orn~ w~ lu~e hi~d wm n~t 8~u8 to be ~Luble f~F Lbo ~nuary 6 date. I q2pmoialo your h~p in ~s ~ ~ ~ ha~ an~ qum~onf% pleme do not he~tme to adl me. lq EIq 0 RAN D Ul~! TO: David T. Harden, City Manager FROM: ~obert A. Bareinski, Assistant City Manager DATE: December 30, 1997 SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING JANUARY 6, 1998 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE Action City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for January 29, 1998 from 6:00 p.m. to 12 midnight, to grant a temporary use permit per LDR Section 2.4.6(H) for use and closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 7th Avenue and the two south lanes from N.E./S.E. 7th Avenue to Venetian, to provide staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean- up, use and set up of City stages, and permission for the use ofpedi-cabs. Background The only change in the request from the last two (2) events is the starting time. The time is being moved to 6:00 p.m. to allow a later start time for closing the road. At the October 21, 1997 City Commission meeting, I presented a cost estimate of $16,308 for this event. This included regular hour costs, overtime costs, and rental charges for the City stages and barricades. Actual total costs for the October 21st event were $11,209 and for the December 1 lth event they were $11,956. Overtime costs for the two events were $6,108 and $6,734 for each date. Overtime for the next event will be somewhat higher because we will not be able to totally reassign the work day for Public Works and Parks and Recreation staff due to operational problems. At the October meeting, Commission indicated that they would fund up to $12,000 of all costs and might request the Joint Venture to share in costs over $12,000. Part of the costs are for stage and barricade rental which we normally do not charge other non profits to use. If these costs are taken out, manpower costs are estimated to be approximately $11,000 for the January event of which approximately $8,000 will be in overtime costs. City Commission may wish to consider setting an upper limit on the overtime only. Attached are cost summaries for the last two Art and Jazz events. The Joint Venture is also requesting the use of pedi-cabs during this event with restrictions as previously imposed. David T. Harden December 20, 1997 Page Two Recommendation Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, use of pedi-cabs with restrictions, and setting an upper limit of $7,500 for overtime costs with any difference to be paid by the Joint Venture. RAB/sdl REF:RAB/123097C.MEM 12/30/1997 12:49 5612780555 DB CHAMBER COMMERCE PAGE 83 December 30, 1997' Mr. Robert A Barcinski, Assistant City Manager City of Delray Beach 100 N.W_ 1st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM FOR CITY COMMISSION MEETING SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE Dear Mr_ Barcinski' City Commission is requested to endorse the Art and Jazz on the Avenue event scheduled for January 29, 1998 and to grant a temporary use permit per LDR's section 2.4.6(H) for use of City property and right of way. We are requesting street closure from Swinton Avenue to 7th Avenue, and the south side of Atlantic Avenue from 7th to just past the Blue Anchor Pub, from the hours of 6:00 p.m. to 12 midnight. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police secudty and traffic control, stage use, set up and removal, and banners and signage set up and removal. The City support of this event is very crucial to our success. Art & Jazz on the Avenue has become a very successful marketing tool that promotes the City. Many come to our City for the first time, shop in our stores and return many times after the event to spend money in our shops and invest in our City_ Your consideration of this request with no charge to the Joint Venture is very much appreciated_ Sincerely, MARJORIE FERRER Downtown Coordinator /sk DELRAY ]~EACH JOINT VENTURE ' Commun~t3, Redevelopment Agency - Dclcay Beach Chamber of Commertmcc - Dowr~own Development Authonv 64 SE FiRh Avenue, DeJray Beach, FL 33483 · Tel: S61-278-0424 - Fax: 561-278-0555 12/90/i997 12:49 5612780555 DB CHAMBER COMMERCE PAGE 02 December 30, 1997 Robert A. Barcinski, Assistant City Manger _City of Delray Beach 100 N_W_ 1 st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM CONSIDERATION - PEDI-CABS FOR ART & JAZZ - JANUARY 29, 1998 Dear Bob: The Joint Venture received a request this daf. e from A1A Bike Rentals, inc., for City Commission approval for the use of pedi-cabs, on a one time basis, for Art & Jazz held on Thursday, January 29, 1998 Similar to the last request this is conditioned on the following by A1A Bike Rentals: That A1A Bike Rentals operates and takes reaponsibility for this operation. 2. That this approval is for this event only. 3. That the pedi-cab drivers are 18 years or older, with appropriate delver's license, and no traffic violation for the past two years. 4. That A1A Bike Rentals show proof of liability. The parameters for the pedi-cab operation will coincide witl~ the street closures dudng Art & Jazz, ( Swinton to 7tl~ Avenue), from 6:00 p.m. to midnight.. Your consideration of this request is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator DELRAY BEACH JOINT V~NTURE * Community Reclevttopment Agency - Delray Beach Chamber of Commerence · Downtown Dev~lopm~t Au,,horlt 64 S.E. FiRh Avenue. Delray Beach, FL 33483 ' Tel: 56i-278-0424 · Fax~ 561-278-0~55 MEMORANDUM TO: David T. Harden, City Manager FROM: ~ Robed A. Barcinski, Assistant City Manager DATE: December 19, 1997 SUBJECT: COST SUMMARY, DECEMBER 11, 1997, ART & JAZZ The following represents a cost summary for actual cost for the December 11, 1997 Ad and Jazz. ~7~ ....... T-~ ..... " ,~= r'~,~.~_~t~ Police 9.50 $373 148.00 $5,840 20.50 $8,213 $7,072 Public Works 140.00 $2,138 28.00 $838 $2,774 $4,050 Parks & Rec 48.00 $887 11.00 $258 $925 $3,033i Large Stage $1,590 $1,590 Small Stage $275 $275 Barricades $179 $288 $11,956 $16,308 The total for the last Ad and Jazz was $11.209. (see attached) Actual overtime costs for the 10/31/97 event were $6,108 and for 12/11/97 were $6,734. We anticipate costs to be higher for the January event. Overtime costs were held down because we reassigned the work hours on the Friday after Ad and Jazz to regular hours for Parks and Recreation staff and Public Works staff. Due to work problems this has created for Parks and Recreation, we will give employees a chance of working overtime or reassigning their work day for the next Ad and Jazz. I anticipate overtime costs will go up about $2,000 with this change. RAB/sdl Attachment c: Joe Weldon, Director Parks and Recreation Hoyt Owens, Deputy Director Public Works Lt. Mark Davis, Police Department Marjorie Ferrer, City of Delray Beach Chamber of Commerce REF: RAB/121997A. M EM .? MEMORANDUM TO: David T. Harden, City Manager FROM: ~ Robert A. Barcinski, Assistant City Manager DATE: November 6, 1997 SUBJECT: ACTUAL COST EST/MATES ART & JAZZ ~0/30/97 After we reassigned the work day on Friday, 10/31/97, for Parks and Recreation personnel the following were actual costs by category for the last Art & Jazz on the Avenue. Department Reg. Cost Overtime Costs Volunteer Totals Original Hours Hours Hours Est. Police 9 $353 157 $5,428 51 $5,781 $7,072 Public Works 115 $1,764 24 $539 -- $2,303 $4,050 Parks & Rec. 68 $941 8 $141 -- $1,081 $3,033 Large Stage $1,590 $1,590 Small Stage $275 $275 (~) Barricades $179 $288 $11,209 $16,308 ¢)Rental Barricades were paid direct by the Joint Venture. This figure represents use of city bardcades. This Art & Jazz was not as well attended as the March and July events. This resulted in last time needed in clean up. We also received extra assistance in clean up from Parks and Recreation which helped speed up this process. RAB/tas cc: Marjode Ferrer Hoyt Owens Lt. Marc Davis Joe Weldon Fil:u:sweeney/asmemo Doc:art&iazz.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~F' - REGULAR MEETING OF JANUARY 6, 1998 SERVICE AUTHORIZATION #2/ROBERT G. CURRIE PARTNERSHIP, INC. FOR LAKEVIEW GOLF COURSE CLUBHOUSE DATE: JANUARY 2, 1998 This is before the Commission to consider approval of Service Authorization #2 in the amount of $32,775.00 with Robert G. Currie Partnership, Inc. for preparation of the construction documents for the Lakeview Golf Course Clubhouse project. On December 2, 1997, a presentation was made to the Commission on the proposed improvements and authorization was granted to proceed with the development of construction documents based on that preliminary design. A copy of the minutes from that meeting is attached. Recommend approval of Service Authorization #2 in the amount of $32,775.00 with Robert G. Currie Partnership, Inc., with funding from Lakeview Golf Course Clubhouse (Account 446-4761-572-62.10). ref:agmemoll Agenda Item No. ~" AGENDA REQUEST Date: Dec,.ember 9. 1997 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: January. 6. 1998 Description of item (who, what, where, how much): Staff request the City Commission approve Service Authorization #2 with the Robert G. Curde Partnership, Inc., in the amount of $32,775.00 for preparation of Construction Documents for the Lakeview Golf Course Clubhouse project. Funding is available from the Lakeview Golf Course Fund Account No. 446-4761-572-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Service Authorization #2 with the Robert G. Currie Partnership, Inc., in the amount of $32,775.00 for preparation of Construction Documents for the Lakeview , . GolC,Course ClubhOuse/project. Department head signature: ~']~~~~-~_ V~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (reg,.ed on all items involving expenditure of funds): Funding available: ~10 ~')?, ~.,, Funding alternatives (if applicable): Account No. & Description ,Y--~- zt?~l._,~?.~. - Account Balance ,~ ~ 5/~ ~z/~, / ~ ~' ~' ~ -~ .to?.//~,.J ~."/ City Manager Review: ApprovedHold Until:f°r agenda: ~q~/RO Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\9565\agreq106 Atlantic Avenue and S.W. 6th Avenue, and is zoned GC (General Commercial) District. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the Planning and Zoning Department's project file into the record. There being no one else who wished to address the City Commission, the quasi-judicial proceeding was closed. Mr. Ellingsworth moved to approve the conditional use modification for Shuler's Memorial Chapel, subject to the find- ings and conditions as recommended by the Planning and Zoning Board. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. PROPOSED IMPROVEMENTS TO THE LAKEVIEW GOLF COURSE CLUBHOUSE: Presentation on the proposed improvements to the Lakeview Golf Course Clubhouse, and consider approval to proceed with development of construction documents. Mr. Brahm Dubin explained that the main reason for the proposed improvements to the Lakeview golf course clubhouse is to bring the facility into compliance with ADA (Americans with Disabilities Act). Further, there are leaks and the facility needs to be made more functional. The design is simple, func- tional and cost-effective, with the improvements to be funded out of the enterprise fund. Mr. Dubin continued that the Lakeview golf course is also in need of new greens. He felt there was a good chance the greens could be done this summer although he was not entirely sure. It will cost approximately $45,000 to do the greens and tees; to close the golf course for three months will cost another $50,000. Accommodations could be worked out for the Lakeview clientele to use the municipal golf course during the closure. Mr. Dubin felt there was a fair amount of risk involved with rebuilding the clubhouse and the potential for customers to trip and fall, etc. If everything can be paid for, he felt it would be worthwhile to consider closing down the golf course for the greens work during the summer while the clubhouse improve- ments are in progress and get everything over at the same time. Mr. Jess Sowards, the project architect, presented the plans and renderings for the proposed improvements to the La- keview clubhouse. He noted that the same foundation and existing -4- 12/02/97 footprint of the building will be used, with a very clean and simple floor plan. The parking lot will be cleaned up somewhat to make it more efficient and provide a few more parking spaces, with appropriate location of handicap parking. On question from Mr. Egan as to when a decision will be made concerning the greens, Mr. Dubin stated that he and Mr. Barcinski need to discuss the matter further. The clubhouse and the greens are two completely separate issues, but it may be worthwhile to consider doing both projects during the same time period. However, no decision has yet been made. Mr. Schmidt moved to approve proceeding with the development of construction documents based on the preliminary design presented this evening. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. BONUS PAYMENT AND CONTRACT AMENDMENT/BJCE, INC.: Consider approval of a bonus payment in the amount of $18,225 to BJCE, Inc. for FY 1997, with funding from 445-4711-572-31.90; together with an amendment to the Golf Course Management Agree- ment dated November 1, 1994, to revise Exhibit "B", Performance Bonus, for PY 1998. Robert A. Barcinski, Assistant City Manager, explained that pursuant to the agreement with Mr. Dubin for the management of both the Municipal and Lakeview golf courses, he is eligible to receive a bonus payment of up to 15% of the base management fee for both golf courses as a yearly bonus provided he meets or exceeds the performance measures set forth at Exhibit "B" of the contract. Staff feels Mr. Dubin has done an excellent job with the golf courses and has considerably exceeded some of the performance measures this year. Therefore, Mr. Barcinski stated that his recommendation is for approval of the maximum bonus, or $18,225, as well as approval of an amendment to the golf course portion of the management agreement which adds new performance measures for FY 1998. Mr. Schmidt commented that he had a little bit of a problem with giving a performance bonus for some things that are normal golf course maintenance, such as aerating greens, tees and fairways. In his opinion, a bonus means that someone has gone above and beyond what one would normally be expected to do. He felt that Mr. Dubin has done a good job with both golf courses, but considered some of the items on the performance bonus list to be things for which one would not be entitled to additional compensation. While he did not have a problem with the bonus payment for FY 1997, he felt that the performance measures proposed for FY 1998 should be reviewed. -5- 12/02/97 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila, A.I.A. ~ Construction Manager Date: December 9, 1997 Subject: AGENDA REQUEST 01/06/98 Lakeview Golf Course Clubhouse Project No. 95-065 Attached is an Agenda Request for City Commission approval of Service Authorization No. 2 with the Robert G. Currie Partnership, Inc. in the amount of $32,775.00 for Construction Documents for the Lakeview Golf Course Clubhouse project. At the City Commission meting of December 2, 1997, the City Commission approved the design of the project, and authorized the Architect to proceed with the Construction Document preparation phase. This request is to formally accept their fee proposal and proceed with the work. Funding is available from the Lakeview Golf Course Fund #-446-4761-572-62.10. cc: Agenda File 01-06-98 Dick Hasko File 95-065 (A) s\...\9565~agmem 106 ROBERT G. CURRIE PARTNERSHIP, INC. CITY OF DELRAY BEACH CONSULTING SERVICES AUTHORIZATION Date: Service Authorization No. 2 for Consulting Services City P.O. No.: City Expense Code: Project No. 95-65 (City) Consultant Project No. 96708 Title: Lakeview Golf Course Clubhouse This service authorization, when executed, shall be incorporated in and shall become an integral part of the contract dated March 29, 1996, between the City of Delray Beach and the Robert G. Currie Partnership, Inc. I. PROJECT DESCRIPTION The Architect shall provide the City of Delray Beach with professional architectural services in all phases of the project to which this agreement applies. These services shall include serving as the City's architectural representative, providing consultation and advice as well as cost estimating services for Phase I and engineering discipline coordination (mechanical, electrical, plumbing and structural) and landscape architecture for Phase I1. In addition, the Architect shall retain the services of a cost estimator at times indicated within. The Architect's tasks shall be broken down into separate scopes of work or phases. Phase I shall encompass the development of floor plans, elevations and a site plan to be based on the combined research and program coordination/refinement between the Architect and the City of Delray Beach. Phase I! shall be broken down into five sub-phases to include: Design Development, Construction Documents, Permitting, Bidding and Construction Administration. The specific project description includes the following: 1. Demolition of the existing second floor structure and cart storage building. The existing cast in place concrete basement will be utilized as the foundation for the new clubhouse. 2. The new± 2,100 square foot structure over the existing basement will include the following: A. ProShop B. Restrooms C. Snack Bar D. Seating for 25-50 people E. Administrative Offices (2) F. Storage in Basement G. Outdoor Seating · Consulting Services Authorization Lakeview Golf Clubhouse Page Two 3. New ± 2,750 square foot cart storage building 4. Addition to the existing maintenance building ± 1,500 square feet 5, The existing parking lot will be improved to meet LDR and landscape code requirements. 6. New foundation plantings around the new structures. II. SCOPE OF SERVICES The following scope of services has been developed in accordance with the Standard Agreement for Architectural Services. In order to accomplish this scope of work, the City of Delray Beach agrees to provide the architectural team with the following: 1. Underground utility location plan including water and sewer for the immediate surrounding area. 2. Current property survey, 3. Geotechnical report. 4, Plans of the existing maintenance structure. 5, Current Landscape Survey The following items are not included within the architectural team's scope of services: 1. Asbestos abatement survey/report. 2. Civil engineering design services. 3. Fire sprinkler design. 4. Parking lot lighting design services, 5. Furniture and furnishing layout. 6. Snack bar equipment (Architect shall coordinate equipment to be supplied by City). 7. "Front end documents," Owner Contractor Agreements, etc... 8. Perspectives. Upon receipt of the executed Service Authorization, the architectural team shall begin Phase I. This phase of work shall be completed within 45 days. The following is an outline of Phase l's scope of sen/ices: Research. Programming and Schematic Design Prior to beginning design, the Architect shall meet with the City's key staff to establish specific project and space requirements. Based upon this meeting the Architect shall provide a schematic site plan, floor plans and each elevation of the clubhouse, c~rt storage building and the maintenance building addition. Consulting Services Authorization Lakeview Golf Clubhouse Page Three Upon completion of these plans the Architect shall review these plans with the City's key staff and planning and zoning department for any adjustments prior to completing Phase I. A projected cost of construction shall be provided at this point. Upon approval and notification from the City of Delray Beach the architectural team shall commence with Phase II and shall complete said services within 110 days. The following is an outline of Phase ll's scope of services: Design Develo.~ment Based upon the conclusions drawn during Phase I, the team will begin final design development documents. During this phase the Architect shall present the concept to SPRAB and the City Commission (if requested) and will coordinate with the cost estimating consultant to develop a preliminary cost estimate. Constructior~ Documents Upon receipt of the City's final approval of the project's design, we will move into the construction document and specification phase. The City will have the opportunity to review construction documents at the 50% and 95% stages. Another cost estimate will be prepared at the 95% stages. Permiffina The Architect shall submit all drawings for permitting and shall remain available for questions or required meetings throughout this phase. It is our understanding that the City will make every effort to expedite the permitting process. The City shall limit the permit review to one review process. The team shall revise the documents in accordance with permit review comments during this phase only. The team shall assist the City throughout the bidding process including attendance at a pre-bid meelJng, fielding contractor questions and a bid opening. The Architect shall prepare all required written addendums. The City shall direct and conduct all meetings and review all bidders for compliance with the City's requirements. Construction Administration Upon award of the bid to a General Contractor and the start of the construction, the Architect shall conduct site visits on a monthly schedule (one per month) to confirm the general compliance of construction with the Architects drawings. Consulting Services Authorization L~keview Golf Clubhouse Page Four Shop drawing review shall also occur during the construction administration phase. Engineering consultant site visits will take place as requested by the Architect or City. It is understood that the City will field the contractor's basic construction questions or those which are not relevant to design or life safety. III. PROJECT BUDGET The project's phases and arch[tecturaFengineering fees breakdown as follows: Phase I 15% Research, Programming & Schematic Design $ 5,475.00 Phase II 15% Design Development 5,475.00 Phase II 40% Construction Documents 14,600.00 Phase II 5% Permitting 1,825,00 Phase II 5% Bidding 1,825,00 Phase II 20% Construction Administration 7.300.00 TOTAL FEE $ 36,500.00 Reimbursable expenses associated with the project shall not exceed $750.00 for Phase I and $1,750.00 for Phase II. If requested, additional structural inspection services shall be provided at an hourly rate. Payment shall be in accordance with Article VII A.2. IV. PROJECT SCHEDULE Phase I shall be completed within 45 days upon notice of authorization to proceed from the City of Delray Beach. Phase II shall be completed within 110 days upon notice of authorization to proceed by the City of Delray Beach. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The Consultant may not commence work on any service authorization without a further notice to proceed. Consulting Services Authorization Lakeview Golf Clubhouse Page Five Approved by: City of Delray Beach Date: Robert Gi. CuFie Partnership. Inc. Date: '/J Jay Alpedn, Mayor Attest: Witness Approved as to legaJ sufficiency and form ay: City Attorney STATE OF FLORIDA cou rr P^U The foregoing instrument was acknowledged before me this J'"/~r~ay o~ 19_~"7 by Robert G. Cuttle, President of Robert G. Currie Partnership, Inc., a professional association. He is rs~3 ly know to me as Robert G. Currie and did not take an oath. Notary ~'ublic ! ~' ' ,,,,~"~.v .~.:,,,. "OFFICIAL SEAL" My Commission Expire~ -' ~'.'"~'"-'~--' =,... ~.,~ Crystal Kauffman :--:_~:"= MyComm~ion Ex13ire~2/19t2000 ".'~-'"~-"~ Commission ~CC 533733 ',,~., MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~'- REGULAR MEETING OF JANUARY 6, 1998 CONTRACT ADDITION WITH O'CONNOR & TAYLOR FOR TICKET BOOTH AND OFFICE BUILDING AT THE TENNIS CENTER DATE: JANUARY 2, 1998 This is before the Commission to consider approval of a contract addition to the City Hall Envelope Project contract with O'Connor & Taylor, Inc. for construction of the ticket booth and office building on the Tennis Center site. The amount of the contract addition is $191,783.00. The project is underway due to the accelerated construction period to have the facility open for use by the February 1, 1998, date required. Recommend approval of the contract addition with O'Connor Taylor, Inc. in the amount of $191,783.00, with funding from the General Construction Fund (Account 334-4125-572-62.10). ref:agmemol3 Agenda Item No. AGENDA REQUEST Date: December 17. 1997 Request to be placed on: X Regular Agenda Special Agenda ~ Workshop Agenda When: January_ 6. 1998 Description of item (who, what, where, how much): Staff request City Commission approve a Contract Addition to the City Hall Envelope Contract with O'Connor & Taylor in the amount of $191,783.00 for the construction of the Ticket Booth Building at the Tennis Center Site. Funding is available from General Construction Fund Account Number 334-4125-572-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission approve a Contract Addition to the City Hall Envelope Contract with O'Connor & Taylor in the amount of $191,783.00 for the construction of the Ticket Booth Building at ~,e,~~ter S~~. Department head signature: ~ L -I ? Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re/Ru~, d on all items involving expenditure of funds): Funding available~YE~/NO Funding alternative-~(if applicable): Account No. & Description ~$~ ' ~/~ ~ ~ ~ ~- O ~ ~, ~ ~ ~//~ ~,/~ Account Baance 1~/1~]~? ~J~. City Manager Review: ' / ' ' " ~/~ ~. A~onda Coordinator Review: Received: Placed on Agenda: A~ion: Approved/Disapproved s:~...~9752~greq129 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos~ Aguila, A.I.A. (~ Construction Mana Date: December 16, 1997 Subject: AGENDA REQUEST 01/06/98 Tennis Center Ticket Building Project No. 97-052 Attached is an Agenda Request for a Contract addition to O'Connor & Taylor, Inc., in the amount of $191,783.00 for the construction of the Tennis Center Ticket Building. This will be a Contract addition to the City Hall Envelope Project. The project basically consists of four offices, a counting room and five ticket sales windows. The exterior of the building will be painted to match City Hall, and a small area of barrel tile will be facing east to further compliment the City Hall building. The project is underway due to the accelerated construction period allowing for the facility to be open for use by the February 1, 1998, date required. Funding is available from General Construction Fund Account Number 334-4125-572- 62.10. cc: Dick Hasko Agenda File 01/06/98 File 97-052 (A) s\...\9752\agmem106 DEC-17-1997 09:18 O'CONNOR & TRYLOR 561 86~674 P.02/02 I COST SUMMARY SH~T ............. .......................... I. D~RAY TICK~ BUILDING~' .............. ~A~E , , .................................................................. i ~lC~ .......... 0~ GENERAL CONDITIO ....... ;~ "~'~'i'~::.';~;~;~'~:' ~ ', ~":'": .~ '~ ~' ": .' "~ :':~',:~: ~': ........... '~'~ 14~ ]TESTING (BY OWNER) ~ 0 [ ' 1,500 ' ~ ~ ]. ',E ~ ~ ~ ',.~ ~ ~:'"'~.'~ ~:~,, :~ ~;~¢,'~o,,' ','~, :~,' ~,~ ;' ,o, ~,,%~,~, a~.,... ,,,,,;. ~,~,.,, ,,, .,;,, ...,..~..,<.,...,~....,.. .... ,... ,,. 0 2760 ,,~,~.,~, , ~; ..... . ..... ~, ~,,,~, ~,,,~,,:,,,~:,~,..,=,~,,: ......... :,, ............. ............... ~" "','"+'~'~¢~,~,-'"',,,"%'~",. ~l,:' ....... '.,,.,,,~ .~,~" "'¢~,' .i~::..~H~:~:...'~.~;~.~;~i:~;~.;~:~;~`~`¢:r;:`?~:~;`-~`~e~`~ ~~"' :]" :"' ~?~"~:: :~; ":':'~' '"'"'" ;:"'"'""'"';"; ....... i CONCRETE SHELL MAT, & OTHER ~ 10,807 CONC CONCRETE SHELL ~OR . ,~ MASON.Y .............. 4,~O0 5700 ~MI~CEL~NEOUS M~ALS ~ 789 ..... CARp ....... [ROUGH CARPENTRY . ' ............ 14,509 CARP JFINI~N CARPENTRY .............. ;.~,,~,,,,.,.~',, ~.,'.,.'<,, *~:.'~m...."~',~,'..'~.~,~'.' ;.,a a~,..", ',. . ; 6~1 TRUSS~S 4,900 [GU~ERS ~ 800 , , ,., ......... ., 2,287 8110 H ~pooRs ~FRAMSS . ~6~' WOOD DOORS a?t.~_ 'HARDWARE ~ ....... 1,76~ ....... ~00! ..... DOOR AND HW LABOR ................ I 821 DW D~yWALL ~ND CnAM~N~ ~ " -- 6,216 . ..... : ,:,:.." ,,, '"r" '"= '.r. '" ' r,~ '~;";;~;~'~"," ,' '"" ""' "*'"~,.' '""='~"q,' h ~,';; ;',';; ~;,'J~ ~ '" ' ..... ''~ ~ ~" ~ ' ' '";' ' "' "' ~ ~ ' " " .......... 0 ,~ ~'.,, ,~,~,~y~ ' . 9680 10800 BATH ACCESSORIES 255 '.A~'~:: []~[~E~:~?.::': ~';~ ~;'~'~;":::::'r':;; :~. ~: : :~ :;':: :"*: :: :~; ~;: :'; ~":::" :;' :~' ;; ~ :~ ;';;::I~E'.:;:.::': r::;] ~:~ ' 0 ........ ,'- .,*' * ', ~ ' ~" ;)~:~"~7:' ~ ":~ '"'~;' * ;'4'7' ;~:~,~,.,:,,~ ,~,::~'~' ~ ' ' ~ ~,' *' {~' :~ ........ ~'~'~'"""~)'"~ ............. .... , , , ,.' ' 15801 iHVAC (CHANG~ SCOPE FOR SAVINGS) ~,750 IGENERAL LIABILITY ~ .0024 415 ...... [ADDITIONAL INSUREDt' '0 SUBTOTAL 2 ~ 178,319 City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date 1 2 / 19/9 7 (3) Interfund/Interdepartmental Transfer (4) Batch Number (5) Requested By: Maureen Owens-Accountant II PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN ~/O22 334-6112-579-62.2,~ Records Storage Whs,~ 24,000.00 XXX 334-6112-519-62.10 R & R -Buildings 35,000.00 98018 334-4144-572-63.36 Seagate Medians 15,000.00 98020 334-4172-572-63-03 Pompey Park Ballfie[d 25,000.00 98021 334-4173-572-63.90 Miller Park-Lightinl; 19,400.00 97052 334-4125-572-62.10 Tennis Center Ticke~ 118,400.00 118,400.00 118,400.00 (10) TOTAL 3USTIFICATION: To reallocate the above listed projects to fund Tennis Center project. Proposed contractor O'Connor & Taylor. Funding requi.~dd to comploto mro~ocr ~q]q] 7gq_D0_ Pro~ct o_Hrr~nt]v has unencumberatlce balance $~3,g00.00. Balance needed to fund prooect $118,400.00. Department Head Asst City Manager Finance Director CiW Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FI LE PINK-DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'~ SUBJECT: AGENDA ITEM # ~' - REGULAR MEETING OF JANUARY 6, 1998 CHANGE ORDER #2/MOLLOY BROTHERS, INC. ( QUANTITY ADJUSTMENTS FOR S.E. 4TH AVENUE ROADWAY IMPROVEMENTS) DATE: JANUARY 2, 1998 This is before the Commission to consider approval of Change Order #2 in the amount of $31,622.14 to Molloy Brothers, Inc. for final quantity adjustments and miscellaneous changes on the S.E. 4th Avenue Roadway Improvements project. In addition to adjustments for the S.E. 4th Avenue project, the change order includes adjustments for the Frederick Boulevard construction project which was approved as an addition to the contract (C.O. #1) with Molloy Brothers on July 15, 1997. The Frederick Boulevard project included the construction of the road from La Mat Avenue south approximately 500 feet. All of the changes and adjustments are outlined in Schedule "A" attached to Change Order #2. Recommend approval of Change Order #2 in the amount of $31,622.14 with Molloy Brothers, Inc., with funding as follows: $12,500.00 from 440-5179-536-63.62 (S.E. 4th Avenue Water), $12,222.14 from 448-5411-538-63.62 (S.E. 4th Avenue Drainage), and $6,900.00 from 228-3162-541-61.94 (S.E. 4th Avenue Roadway Improvements). ref:agmemol4 Agenda Item No.: ?/7' AGENDA REQUEST, Date: December 30, 1997 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: January 6, 1998 Description of item (who, what, where, how much): Staff requests City Commission to approve add Change Order #2 to Molloy Brothers, Inc. for the SE 4th Ave Roadway Improvements - (96-12). It encompasses final quantity adjustments and miscellaneous changes on the project. The adjustments are for SE 4th Ave and for Frederick Blvd which was added previously tby Contract Addition (C.O. #1). The add amount is $31,622.14. Funding Sources are 440-5179-536-63.62 (SE 4th Ave Water) for $12,500.00; 448-5411-538-63.62 (SE 4th Ave Drainage) for $12,222.14; and 228-3162-541-61.94 (SE 4th Ave Roadway Improvements) for $6,900.00. Budget transfers are attached. ORDINANCE/RESOLUTION REQUIRED: YE~R~FT A'FI'ACHED YE~ Recommendation: Staff Recom~nds aD~'r~val of G~ Order #2 Department Head Signature: /~.~C~(~--~ ~ /! Dt t C t e ermina ion of onsis ency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review ~cl~ired on all items involving expenditure of funds): Funding available: ~(~_~/NO Funding alternatives (if applicable) Account No. & Description "/,~,.~/~'?~)-.~ ~' ~ ~,~ , ~/,~' -~// -~.~o"-~,~.~.,.~z Account Balance ,,~g//~, ~ ~, City Manager Review: Approved for agenda.~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disa pproved /agen9612.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Divi~~ Date: December 30, 1997 Re: S E 4th Ave Roadway Improvements (Project 96-12) Quantity Adjustment Change Order Attached for Commission approval is an agenda request for Change Order #2, to Molloy Brothers, Inc. on the above referenced Project. It encompasses Contract plus/minus as-built quantity adjustments; additional surveying for existing grades along storefronts; paving and drainage adjustments to fit existing curb/sidewalk grades; additional replacement of existing sidewalk / 6" approaches; and miscellaneous utility adjustments. It includes adjustments for SE 4th Ave and Frederick Blvd which was added by Contract Addition (C.O. #1). All of the changes/adjustments are per Schedule "A" attached to the Change Order. The amount of Change Order #2 is an add of $31,622.14. Funding Sources are 440-5179-536-63.62 (SE 4th Ave Water) for $12,500.00; 448- 5411-538-63.62 (S.E. 4th Ave Drainage) for $12,222.14; and 228-3162-541-61.94 (SE 4th Ave Roadway Improvements) for $6,900.00. Budget transfers are attached. File: Memo to City Manager co2doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 PROJECT NO. 96-012 DATE: PROJECT TITLE: S.E. 4th Avenue Roadway Improvements TO CONTRACTOR: Molloy Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Plus / Minus changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $331,909.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 49,982.50 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $381,891.50 COST OF CONSTRUCTION CHANGES TI-IlS ORDER $ 31,622.14 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $413,513.64 PER CENT INCREASE THIS CHANGE ORDER 9.1% TOTAL PER CENT INCREASE TO DATE 24.7% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Molloy Brothers, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmenatl Servicesa Mayor ATTEST: APPROVED: By: City Attorney City Clerk CITY OF DELRAY BEACH S.E. 4th Ave. Roadway Improvements Project No 96-12 Schedule "A" Description Unit Contract Unit Total Est. As-Built Unit Total Est. CRy Price Price CRy Price Price 1 Maintanance Of Traffic L.S. 1 $ 4,750.00 $ 4,750.00 1 $ 4,750.00 $ 4,275.00 -- Survey & Asbuilt S.E. 4th Ave. EA. 0 $ 1,817.00 $ - 1 $ 1,817.00 $ 1,817.00 2 Open Cut Pavement Repair L.F. 248 $ 22.00 $ 5,456.00 174 $ 22.00 $ 3,828.00 3 Asphalt pavement removal s.Y. 7179 $ 3.00 $ 21,537.00 7179 $ 3.00 $ 21,537.00 4 Concrete removal s.Y. 793 $ 1.00 $ 793.00 729 $ 1.00 $ 729.00 5 Remove/replace paver bricks S.F. 220 $ 8.60 $ 1,892.00 372 $ 8.60 $ 3,199.20 6 1.5" Type S-III,8" base,12"s.g, s.Y. 5823 $ 15.00 $ 87,345.00 6055 $ 15.00 $ 90,e25.00 7 1" Asphalt overlay T.N. 16 $ 55.00 $ 880.00 19 $ 55.00 $ 1,045.00 8 Concrete Sidewalk S.F. 6074 $ 2.00 $ 12,148.00 7790 $ 2.00 $ 15,580.00 --ConcreteSidewalk6" S.F. 0 $ 2.45 $ 1149 $ 2.45 $ 2,815.05 9 Type "D" curb and gutter L.F. 1395 $ 7.00 $ 9,765.00 2111 $ 7.00 $ 14,777.00 # Adiust existing valve box EA. 2 $ 150.00 $ 300.00 2 $ 150.00 $ 300.00 # Adiustexistin~l manhole/inlet EA. 12 $ 150.00 $ 1,800.00 5 $ 150.00 $ 750.00 # Crosswalk L.F. 418 $ 1.00 $ 418.00 365 $ 1.00 $ 365.00 # 4" White parking stripe L.F. 820 $ 0.50 $ 410.00 771 $ 0.50 $ 385.50 # 4" Double yellow stdpe L.F. 1307 $ 1.00 $ 1,307.00 1183 $ 1.00 $ 1,183.00 # 24" Solid white stop bar LF. 47 $ 3.00 $ 141.00 81 $ 3.00 $ 248.00 # Clean existing drainage L.S. 1. $ 500.00 $ 500.00 1 $ 500.00 $ 500.00 # Remove existing 12" RCP L.F. 44 $ 20.00 $ 880.00 45 $ 20.00 $ 900.00 # Remove existing inlet EA. 5 $ 200.00 $ 1,000.00 4 $ 200.00 $ 800.00 # Replace existing inlet grate EA. 4 $ 525.00 $ 2,100.00 2 $ 525.00 $ 1,050.00 # Connect existing drainage EA. 9 $ 1,800.00 $ 16,200.00 6 $ 1,800.00 $ 10,800.00 # Type"C"inletw/5130-6168grate EA. 9 $ 1,570.00 $ 14,130.00 9 $ 1,570.00 $ 14,130.00 # Type "E"inlet w/5130-6168~jrate EA. 1 $ 2,259.00 $ 2,259.00 1 $ 2,259.00 $ 2,259.00 # Type "J"struc w/5130-6168 EA. 2 $ 4,500.00 $ 9,000.00 3 $ 4,500.00 $ 13,500.00 # 15" RCP-drainage pipe L.F. 172 $ 26.00 $ 4,472.00 299 $ 26.00 $ 7,774.00 # 24" RCP Drainage L.F. 11 $ 41.00 $ 451.00 16 $ 41.00 $ 655.00 -- Repair existing drainage (~ Atlantic L.S. 0 $ 3,500.00 $ 1 $ 3,500.00 $ 3,500.00 -- Modify CB 3 & 4 to fit pavt grade L.S. 0 $ 1,807.00 $ 1 $ 1,807.00 $ 1,807.00 -- Modify CB 30 & 28/piping to fit pavt gra L.S. 0 $ 2,255.00 $ I $ 2,285.00 $ 2,285.00 -- Mod/RepI CB 27 grate to fit pavt grade L.S. 0 $ 2,887.88 $ I $ 2,887.88 $ 2,887.88 # Remove Existing 4" water main L.F. 1392 $ 2.00 $ 2,784.00 1392 $ 2.00 $ 2,784.00 -- Remove Abandoned Gas Main 4th Ave L.F. 0 $ 2.00 $ 468 $ 2.00 $ 936.00 # Connect to Existin~l water main EA. 2 $ 1,500.00 $ 3,000.00 6 $ 1,500.00 $ 9,000.00 # Fill & Flush Connection EA. 1 $ 876.00 $ 876.00 1 $ 876.00 $ 876.00 # sample Point EA. 3 $ 164.00 $ 492.00 3 $ 164.00 $ 492.00 # 4"X 4" Tappin~l Sleeve & Valve EA. 1 $ 1,536.00 $ 1,536.00 0 $ 1,536.00 $ # 6"x 6" Tapping Sleeve & Valve EA. 1 $ 1,825.00 $ 1,825.00 1 $ 1,825.00 $ 1,825.00 # 8"X 8" Tappin~l Sleeve & Valve EA. 1 $ 2,400.00 $ 2,400.00 1 $ 2,400.00 $ 2,400.00 # 6" DIP water main L.F. 12 $ 41.00 $ 492.00 16 $ 41.00 $ 656.00 # 8" DIP water main L.F. 1555 $ 23.00 $ 35,765.00 1611 $ 23.00 $ 37,053.00 # 6" Gate Valve EA. 1 $ 533.00 $ 533.00 2 $ 533.00 $ 1,066.00 # 8" Gate Valve EA. 9 $ 800.00 $ 7,200.00 12 $ 800.00 $ 9,600.00 # 2" Jumper with corp stop EA. 1 $ 500.00 $ 500.00 4 $ 500.00 $ 2,000.00 # 1" Single Service EA. 15 $ 400.00 $ 6,000.00 17 $ 400.00 $ 6,800.00 # 2" Single Service EA. 1 $ 600.00 $ 600.00 3 $ 600.00 $ 1,800.00 Description Unit Contract Unit Total Est. As-Built Unit Total Est. Qty Price Price Qty Price Price -- Inst (2;) 2" Elect Cond ( 0+00 Rt to 6+42 L.F. 0 $ 2.60 $ - 1260 $ 2.60 $ 3,276.00 # Alexander palm 14' O.A. single EA. 5 $ 374.00 $ 1,870.00 0 $ 374.00 $ # Alexander palm 14' O.A. double EA. 8 $ 275.00 $ 2,200.00 S $ 275.00 $ 2,200.00 # Alexander palm 14' O.A. triple EA. 15 $ 248.00 $ 3,720.00 18 $ 248.00 $ 4,484.00 # Foxtail palm various size-groups EA. 32 $ 336.00 $ 10,752.00 36 $ 336.00 $ 12,096.00 # Silver Buttonwood EA. 12 $ 138.00 $ 1,656.00 12 $ 138.00 $ 1,656.00 # Cocoplum 3 gallon 24" EA. 148 $ 7.00 $ 1,022.00 195 $ 7.00 $ 1,365.00 # Th~allis 3 gallon full EA. 407 $ 8.00 $ 3,256.00 393 $ 8.00 $ 3,144.00 # Tibouchina (,Iroun cover 6" ht 18" OC EA. 843 $ 2.00 $ 1,686.00 747 $ 2.00 $ 1,494.00 # Purple fountain 6" ht 18" OC EA. 555 $ 3.00 $ 1,665.00 567 $ 3.00 $ 1,701.00 # Good Topsoil for planting node c.Y. 160 $ 6.00 $ 960.00 80 $ 6.00 $ 480.00 # Non-cypressmulch c.Y. 65 $ 9.00 $ 585.00 ss $ 9.00 $ sss.oo # Landscape irrigation L.S. 1 $ 30,590.00 $ 30,590.00 1 $ 30,590.00 $ 30,590.00 # Utility AIIowance L.S. 1 $ 7,500.00 $ 7,500.00 0 $ 7,500.00 $ # Video AIlowance L.S. 1 $ 500.00 $ 500.00 0.99 $ 500.00 $ 493.96 # Indemnifaction L.S. 1 $ 10.00 $ 10.00 1 $ 10.00 $ 10.00 FREDERICK BLVD. IMPROVEMENT (C.O. #' I Maintenance of Traffic L.S. 1 $ 500.00 $ 500.00 1 $ 500.00 $ 500.00 2 Clearing and grubbing L.S. 1 $ 1,500.00 $ 1,500.00 1 $ 1,500.00 $ 1,500.00 3 Pavement Removal L.S. 1 $ 1,250.00 $ 1,250.00 1 $ 1,256.00 $ 1,250.00 4 I 1/2" S-3 Asphalt s.Y. 1425 $ 3.50 $ 4,987.50 1447 $ 3.50 $ 5,064.50 5 8" Limerock Base s.Y. 1500 $ 9.00 $ 13,500.00 1552 $ 9.00 $ 13,988.00 6 12" Stabilized Sub~rade s.Y. 1575 $ 6.00 $ 9,450.00 1552 $ 6.00 $ 9,312.00 7 Leveling & S-3 Asphalt Overlay Ton 50 $ 45.00 $ 2,250.00 9 $ 45.00 $ 405.00 8 4" Concrete Sidewalk S.F. 3000 $ 1.90 $ 5,700.00 3093 $ 1.90 $ 5,876.70 9 6" Concrete Sidewalk/Drive Apron S.F. 1100 $ 2.45 $ 2,695.00 668 $ 2.45 $ 1,636.50 # Asphalt Drive Apron S.Y. 100 $ 23.00 $ 2,300.00 100 $ 23.00 $ 2,300.00 # Signage & Pavement Marking LS. 1 $ 900.00 $ 900.00 1 $ 900.00 $ 900.00 # Bahia Sod s.Y. 1400 $ 2.25 $ 3,150.00 869 $ 2.25 $ 1,955.25 # Ad)ust Inlets M/H, C/O, Meter&Valve L.S. 1 $ 1,500.00 $ 1,500.00 I $ 1,500.00 $ 1,500.00 # Video AIlowance L.S. 1 $ 300.00 $ 300.00 0 $ 300.00 $ Totals $ 381,891.50 $ 413,513.64 Contract Amount thru C.O. #1 $ 381,891.50 Plus C.O. #2Amount $ 31,622.14 Contract Amount thru C.O. #2 $ 413,513.64 Cily of Oelray Beach Budget Transfer Form (1) Oepar~mental line Transfer (2) Oam December 30, 1997 (3) Interfund/Interdepartmentai Transfer (4) Batch Number (5) Requested By: H..oward Wight ?PRojECT i' (6) ACCOUNT NUMBER (7) OESCRIPTION 81 TRANSFER OUT (9) 'FRANS IN 440-5179-536-63.61 Wells Morikami $3,810.00 440-5179-536-~9.01 Project Reserve 3,787.00 96-012 440-5179-536-63.62 S.E. 4th Ave. 7,597.00 440-000-301-04.00 Interest Earnings 4,903.00 96-012 440-5179-536-63.62 S.E. 4th Ave. 4,903.00 JO~-~CA~ON: To provid.e fun. ding requirement for S.E. 4th Avm. (96-Q12) Change Order ~2 per Commission approval on 1/6/98: Oepa~-~nen~ Hee[c _ ~' ~ -~£~-c~c~' A~st Cibf Man~ger ~amce Olrec~o.r ~~ CRy Man.ager ~. (11) Budgel Revision Oa~e (12) Control Number (13) Period (14) Coun~ ORIGINAL-IqUOG~--T GAr, IARY-FI[,E PINK-OEPAFITMENT City of Oelray Beach Budget Transfer Form (1) Oepam'nental Line Transfer (2) Oam ' December 30, 1997 (3) Interfund/lnlerdeparlmen{al Transfer (4) 13arch Number (5) Requesmd By: Howard Wight ' "l ' ' ' 'J ..... 1(81 ' "_..~.luu/i" PR(3JECT ~ ! (6) ACCOUNT NUMBER (7') OESCRIPTION TRANSFER (9) TRANSF=_q IN 448-5411-538-63.90 Other Improvements $12,500.00 96-012 448-5411-538-63.62 S.E. 4th Ave. $12,500.00 228-0000-301-28.00 Prior years surplus 12,534.00 96-012 228-3162-541-61.94 S.E. 4th Ave. Road- 12,534.00 way Improvements ,~o~ ~-o~-,~ [ *~.,.o~.~,.0o. _ ! ,_2~.,.o.~,.oo JUS~P1CA~,ON: Tg, provide .funding requirement for S,.E. 4_th Ave. (96-12) Change Order #2 .per Commission approval 1/6/98 ($19,400) and to cover existin~ d,e, ficit balance in 2.287,3162-541-61.94 of $5.366.00. Fund,inm for 228 came from CRA Block 76 reimbursement. ,. ().~~ ...... !m Cit7 Manager ~ ,t-:hartco Director ~~ (11) Budge! Revision Oate (12) Canlrol Number (13) Period (14) Coun~ ORIGINA L- BUO G ~----'-r (] At. lA tq Y -FILE PINI(-OEPARTMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ SUBJECT: AGENDA ITEM # 7~- - REGULAR MEETING OF JANUARY 6, 1998 CONTRACT ADDITION (C.O. #3)/MOLLOY BROTHERS, INC. (EMERGENCY FORCE MAIN REPAIR/MANHOLE REPLACEMENT ON LAKE IDA ROAD) DATE: JANUARY 2, 1998 The City Commission is asked to consider approval of a contract addition (C.O. #3) with Molloy Brothers, Inc. under the current S.E. 4th Avenue Roadway Improvements contract. It encompasses emergency repairs necessary due to the failure of an existing sanitary manhole and force main at Sunflower Avenue and Lake Ida Road. The manhole is a major collection point for the majority of sewage flow in the northwest section of the City. Recommend approval of the contract addition (C.O. #3) with Molloy Brothers, Inc. under the S.E. 4th Avenue Roadway Improvements contract in the amount of $72,704.69, with funding from Water & Sewer 442-5178-536-63.51 (Sewer Mains). ref:agmemo9 Agenda Item No.: y_A- AGENDA REQUEST Date: December 30, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 6, 1998 Description of item (who, what, where, how much): Staff requests City Commission to approve a Contract Addition (C.O.#3) to Molloy Brothers, Inc. for the SE 4th Ave Roadway Improvements - (96-12). It encompasses emergency sanitary manhole and force main replacement on Lake Ida Road and Sunflower Ave. Total costs for C.O. #3 is $72,704.69 Funding Source is from R&R Acct # 442-5178-536-63.51 (Sewer Mains). ORDINANCE/RESOLUTION REQUIRED: YES/..N___O DRAFT ATTACHED YES~N~O Recommendation: Staff Recomme/~ds, aD~val o~_ange Order ~3 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~ired on all items involving expenditure of funds): Funding available: E~/NO Funding alternatives (if appl$cable) Account No. & Description~%9-/'~.~-~J..5{ Account BalanceX~, ~/~, ~ ~ ~ ~/~///~? ~ City Manager Review: Approved for agenda:Hold Until: ~/NO Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9612.doc Memorandum To: David T. Harden, City Manager From: Richard Hasko, P.E., Acting Director of Environmental Services Date: December 30, 1997 Re: S E 4th Ave Roadway Improvements (Project 96-12) Contract Addition - Emergency Force Main Repair/Manhole Replacement Attached for Commission approval is an agenda request for a Contract Addition (C.O. #3) to Molloy Brothers, Inc. on the above referenced Project. It encompasses emergency repairs necessary due to the failure of an existing sanitary manhole and force main at Sunflower Ave and Lake Ida Road. The manhole is a major collection point for the majority of sewage flow in the NW section of the City. The price includes all work necessary to remove and replace the sanitary manhole and repair/reconnect the existing gravity mains tied into the structure. The gravity mains sheared and collapsed when the manhole failed and sank. Also included in the price is the connection to an existing 6" and 8" rome main with a new 16" C-900 force main and extending the 16" main approximately 300' to the next downstream manhole. The existing 6" and 8" force mains were tied in to the manhole being replaced. The main was extended to provide bypass flow during the manhole replacement and will become a part of a force main upgrade to be proposed in FY 98/99 Capital Budget. The existing 6" and 8" force mains are deteriorated and are undersized for future flow capacity anticipated for the NW section of the City. The manhole replacement price of $25,150.00 is based on Molloy Brother's annual emergency Contract #9550A with the City of Ft Lauderdale. The force main replacement pdce of 42,554.69 is based on actual material and labor/equipment costs plus 15% overhead and profit. Also included is a $5,000.00 contingency fee allowance to fund additional unforeseen repairs to the gravity mains encountered once the manhole is removed and this pipe can be observed more closely. Total cost for the Contract Addition (C.O. #3) is $72,704.69. This figure exceeds initial quotes by approximately 20%, however initial figures were provided by the contractor pdor to completely exposing the force main; and the additional $5,000.00 contingency allowance for the gravity mains. All of the changes/adjustments are per attachments to the Change Order. Funding Soume is from R&R Account #442-5178-536-63.51 (Sewer Mains). File: Memo to City Manager co3doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NOi 3 PROJECT NO. 96-012 DATE: PROJECT TITLE: S.E. 4th Avenue Roadway Improvements TO CONTRACTOR: Molloy Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Remove Replace Manhole and construct force main per attached proposal dated December 29, 1997. Prices include all restoration to a like or better condition and traffic maintenance. City of Delray will maintain bypass pumping for gravity system during construction. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $331,909.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 81,604.64 ADJUSTED CONTRACT AMOUNT PRIOR TO TI-IIS CHANGE ORDER $413,513.64 COST OF CONSTRUCTION CHANGES THIS ORDER $ 72,704.69 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $486,218.33 PER CENT INCREASE THIS CHANGE ORDER 22.1% TOTAL PER CENT INCREASE TO DATE 46.8% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Molloy Brothers, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk MOLLOY BROS., INC. ENGINEERING CONTRACTORS 800 NW 27th Ave. / Ft. Lauderdale, FL 33.;11 G#y Of 13elray Beach ~ ~ Fie. ~ S~ Ave. Re~ 1~ F~n 1 L.S. ~ $ ~,~.~ T~I ~e $ ~,7~.~ 12"x~R~ 1 Ea.~ $ ~.~ $ ~.40 ~ 45 ~ ~ 2 Ea. ~ $ ~.~ ~ 137.~ 8"x~ I Ea.~ $ 1~.20 $ 1~.~ ~22~~ t EL~ $ 42,40 $ ~.~ l~lR~m 6 Ea.~ $ ~.10 $ 1,812.~ I~xl~R~ 1 Ea.~ $ 312.70 $ 312.70 ~~ 2 P~ $ ~.~ ~ 171.72 ~~~ e Ea.Q S 37,~0 S ~.~ 4"~Vdve 1 EL ~ $ 312.~ $ 312.70 ~el~~ 1 Ea.~ $ 7~.~ $ 7~.~ ~lrM.J. 8~ I Ea.~ ~ 259.70 $ (~0.70) S ~,713.~ ~1 ~ ~ 1 b T~ S I0,~.~ ~ & ~t 15~ $ 1,~.74 T~I ~~ W~ co~e~c7 Allowance + 5,000,00 7~,704.~9 12/30/~997 10:38 305702938!000000 MOLLOYYDER PAGE 03 CITY OF FT. LAUD. SANITARY SEWER & STORM SEWER REPAIRS gt~0 A Dm=. 1996 - D~. 1997 Project: Piggyback to City of Delmy Beach Sewer Repaim CONTRACTOR: Molloy Broe. Inc. 800 N.W. 27 Ave. Ft. Laud. FI. 33311 Work Order No: N/A Addreea: Sunflov~r Av Street: Lake I~a Contract Iteme Date: 12/18/97 tA, Mobilize & Demobilize $ lB. Emergenoy Mob & Demob 1 $ 1,650,00 2A. Will Point System 1 $ 1,000.00 2B. AdO Co~t to W/P per 10' Incrmme $ - 3. By Plr~ Pump $ ' 4A. RePlete ltenltery ~.wer 8" or t0" 30' t.ength Maximum e. Elevation Z0 to 0 $ b. EleVation 0.0 to - 2.0 c, Elevation - 2.0 to - 4.0 $ d. EleVation -4,0 to - 6.0 e. Elevation - 8,0 to - 8,0 1Z to 14' cu I $ 15,000.00 4B. Add Coat for Replacement I~.ond 30 I,Ineal Feet a. EleVation 2.0 to 0,0 $ - b. EleVation 0.0 to - 2.0 $ - c. EleVation - 2.0 to - 4,0 $ d. Elevation - 4.0 to - 6.0 $ - e, Ele~,. etlon - 6.0 to -8.0 $ 4C, Ada Cee1 for Ground ElevmJon AbOve 8,$' a. Elevation 6,5 to 8,0 $ b. EieVati~ s,0 to to.o $ c. EleVation 10.0 end over $ 4D. Add Co~t to Replace 12" or 15" Pipe a, 12 Inch b. 15 Inch $ SA. TyPe 2 Foundation a. EleVation 2.0 to 0.0 $ - b, EleVation 0.0 to - 2.0 $ - C. EleVation - 2.0 to -4,0 $ - d, EleVation - 4,0 to - 8.0 e. EleVation - 6.0 to - 8,0 $ - 5B. Tyl~e :iA Foundation e. EleVation 2,0 to 0,0 b. EleVation 0,0 to - 2,0 $ c. Eleqat on - 2.0 to -4,0 $ - d, EleVation -4.0 to - 6.0 $ - e. Elevation - 6.0 to - 8.0 $ - 6, Tie In To Manhole 2 $ 1,500,00 7A. RepliCa Lateral $ - 7B. Replace Single Lateral Stack $ - 7C. RePllme Double Literal 8tack $ TO. RePlace 6" Lateral Beyond t0' ?E. Inetall New Lateral, up to 26 LF. InclUding Mobilization a. Elevation 0.0 to 2.0 b. EleVation 0,0 to - 2,0 $ 12/30/~997 18:38 3057929381800000 ~OLLOYYDER P~6E 84 c, EleVation - 2,0 to - 4,0 $ d. EleVation ~ 4.0 to - 6,0 $ a. Elevation - 6,0 to - 80 $ - 7F. $" Lateral Beyond 25 L,F, 7G. Re,air Lateral Including Mobillzetlon $ - 8. In,till 4' Dia. Manhole a. Lees Than 10 feet Deep $ - b, GrSmter Than 10 feet Dee~ I $ 6.000.00 9. Remove-Repla~a Unauit. Miterlal $ - 40. DuCtile Iron F/ttlnge b, 6 inch $ - e. 8 Irlch $ - d. 10 Inch ~1, 12" !Limemck Beee $ - 12, I.S" ~phalt $ 13. MaJbr Traffic Control $ 14, Flem~itam 8ed SECTION TWO STORM SEWER REPAIRS 15A, Mebilize and Demobillz$ $ 16B. Emergency Mob and Demob $ - 16A. Welt Point 8yatem $ - 16B. Add Coat to W/P per 10' Increase $ 17. Fumlah & Inatall Temp. Plug a. Pipe Size 3(7' $ - b. 36" $ - d. 88" $ 46. Rep!mae 12" or 46" R.C.P. t9. Replace t5" C.M.P. WIRCP $ 20. RopBIr Joint Loako a, Up To Pipe Size 24' $ b, 30" and up $ - 21. RapMr 8form Structure Leak $ ' 22. 12" Llmarock Base $ ' 25. 1.6"!Asphalt $ ' 24. IdloJ~r Traffic Control $ 26. PJo dtem Sod $ 28. Re~toratlofl AiIowaflco $ 27. permit Ailowanr,~ $ 'Ground Elev: tnep~ctor: $ 25,150.00 Up Stro~m Inv. Elav: ~wn Stream Inv. Elov. L.ine rlTV I)F I)ELRIIV BEII[H CiTY ATTORNEY'S OFFICE ?'AC.'~i,MII.[! 4u7/2:: 4755 Writer's I)ircct l.inc: (561) 243-7091 DELRAY BEACH All. America City M E M ORA N D U M 1993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT; Amendment No. 4 to the Solid Waste and Recycling Collection Franchise Agreement BFI has requested that the contract provision requiring them to collect bulk trash on the first refuse collection day be amended BFI has requested this amendment to allow them to change the bulk trash collection day from the first refuse collection day of the week to the second refuse collection day of the week in certain areas of the City. BFI is still required to pick tip bulk trash once per week, however, this change will allow them to better utilize their resources and provide better service to the City and its residents. This contract amendment will only afl'ect residential service and any changes in the bulk trash refuse collection days are subject to approval by the City Manager. This change does not affect vegetative collection service as bulk trash is defined as any non- vegetative item that cannot be containerized, bagged or bundled. By copy of this memorandum to David Harden, City Manager, our office requests that this amendment to the Solid Waste and Recycling Collection Franchise Agreement be placed on the January. 6, 1998 City Commission agenda. Please call if you have any questions. cc; David T. Harden, City Manager aq°! ' ~ ~'C/?,~bt~ Alison MacGregor Harty, City Clerk Joe Safford, Finance Director Butler, Director of Community Improvement ,2(/J.~ 'tv'- I[-'[~;l~ u' '[a/6] ~ Lula AMENDMENT NO. 4 TO SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT DATED AUGUST 8, 1996 THIS AMENDMENT NO. 4 to the Solid Waste and Recycling Collection Franchise Agreement dated August 8, 1996 is made this __ day of , 199_ by and between the CITY OF DELRAY BEACH (the "City") and BFI WASTE SYSTEMS OF NORTH AMERICA, INC. ("BFI"). WITNESSETH: WHEREAS, the parties entered into a Franchise Agreement ("Agreement") dated August 8, 1996, to provide for the collection of solid waste and recycling materials within the City; and, WHEREAS, the parties desire to amend the Agreement to provide that BFI may collect bulk trash on either one of the two refuse collection days per week, and not solely on the first refuse collection day of the week. NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated August 8, 1996, is hereby amended, by amending Section 6.1.4, to provide that BFI is not required to collect bulk trash solely on the first refuse collection day for residential collection service. BFI is still required to collect bulk trash once per week. However, the day selected by BFI, and approved by the City Manager, for residential bulk trash collection may be on either the residents first or second refuse collection day and not solely the first refuse collection day. Prior to changing the bulk trash collection day, BFI shall notifi/the residents affected by the change, and receive approval from the City Manager or his designee for the change. 3. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 4. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to legal form and sufficiency: City Attorney WITNESSES: BFI WASTE SYSTEMS OF NORTH AMERICA. INC. · x-~'¢~'~' ~/~hn Casagran~District Vice President 6/'/ .j (Name IJrinted o~ typed) ~.....~.,~'y,~__../ (Corporate Seal) (Name printed or typed) hfi~on4.amd £1TV OF I)ELARV BEACH CITY ATTORNEY'S OFFICE "' TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DFLRAY BEACH ~ MEMORANDUM Ali.America City TO: City Commission 1993 FROM: Susan A. Ruby, City Attorney SUBJECT: Sean Demise v. City of et al This case arises from events that occurred during a routine traffic stop on October 20, 1996. During the traffic stop, Mr. Demise was arrested for keeping a gun in his glove compartment. Florida Statutes 790.25(5) permits the carrying of a firearm in a car if it is securely encased in a glove compartment. The Plaintiff alleged a Section 1983 civil rights violation and included a claim for false arrest. Pursuant to court role, the mediation was held on December 15, 1997. Subject to City Commission approval, the case was settled at mediation in the amount of $7,500, each party to pay their own attorneys fees and costs. If approved by the City Commission, the Civil Rights claim will be dismissed against officer with prejudice and the case against the City will be dismissed with prejudice with appropriate releases and covenants of nonsuit. Our office recommends that the proposed settlement be approved by the City Commission. Frank Babin, Risk Manager concurs. By copy to David Harden, City Manager, our office requests that the settlement be placed on the January 6, 1997 regular City Commission agenda for approval. SAR:ci cc: David Harden, City Manager Alison Harty, City Clerk Chief Richard Overman, Delray Beach Police Department Frank Babin, Risk Manager Eric Hightower, Police Legal Advisor demise, sar [lTV OF DELRI:IY gEl:ICH CITY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali.America City MEMORANDUM 'tllt December29, 1997 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne-~ SUBJECT: Settlement Proposal - Alberta Morris & Wilfred Morris v. City of Delray Beach and Charles McCutcheon The City Attorney's Office received the attached proposal for settlement in the above- referenced lawsuit. This lawsuit arises out of an automobile accident which occurred on January 19, 1995. On that date, Mrs. Morris was driving northbound on Congress Avenue adjacent to the County's Administrative Complex. The Palm Beach County Sheriff's officer pulled out onto Congress in from of Mrs. Morris' vehicle. A clipboard, which the Sheriff's office employee had placed on his vehicle, fell into the roadway. Mrs. Morris saw the clipboard and abruptly stopped in the middle of the roadway. City of Delray Beach Police Officer Wentz, who was driving north on Congress, could not stop his vehicle soon enough, and his car impacted with Mrs. Morris' vehicle. Mrs. Morris is claiming neck and back injuries as a result of the accident. The Plaintiff forwarded a similar proposal of settlement to the Palm Beach County Sheriff's Office. In Florida there is a presumption of negligence imposed against an individual driving the vehicle which strikes a vehicle from behind. That presumption can be overcome through the presentation of evidence that the driver of the lead vehicle made an unexpected change or an unexpected stop at a time and place where the stop would not reasonably be expected. In this case, because Mrs. Morris did suddenly stop in the middle of Congress Avenue, it is hoped the jury would agree that the presumption of sole negligence against the City was rebutted, and apportion liability. Mrs. Morris claims that she saw something fall off the Sheriff's vehicle and stopped to avoid hitting it. It turned out after the accident that the object which fell off the Sheriff's vehicle was a metal clipboard. Officer Wentz did apply his brakes and did everything he could to avoid the accident. Unfortunately, his vehicle did impact Mrs. Morris' vehicle. City Commission December 29, 1997 Page 2 Mrs. Morris has been involved in several other automobile accidents and a slip and fall incident back in 1986. As a result of these incidents, she had prior complaints of neck and back injury before the date of this incident. The effect of those prior incidents on her current condition would be something that would be brought to the attention of the jury, and the jury would have all the necessary information before it when making a decision as far as any damages. At this time, Mr. and Mrs. Morris claim that they have suffered approximately $50,000.00 in damage. The $50,000.00 claim is based on separate $24,999.00 settlement proposals which the Plaintiffs submitted to the City and the Sheriff's Office. Documents received from the Plaintiffs indicate about $7,000 in medical expenses, $13,000 in lost wages, and a claim of $60.00 per month in future medical expenses for a total of approximately $38,000 in economic damages. The Plaintiffs will also claim non- economic damages for pain and suffering as well as Mrs. Morris' loss of consortium claim for a total of about $50,000.00 in total economic and non-economic damages. The amount of damages would be contested at trial. At this time, our office would recommend that the City Commission reject this settlement proposal. The City Commission, however, may desire to make a counter offer of settlement, in the hope that attorney's fees could be assessed against the Plaintiff if the City prevails in this case. Our office recommends that a counter offer of settlement may be appropriate in the range of $5,000 - $10,000, if a counter offer is to be made. By copy of this memorandum to David Harden, our office requests that the consideration of the Plaintiff's offer of settlement and the matter of a potential City counter offer of settlement be placed on the City Commission agenda for January 6, 1998. Please call if you have any questions. DNT:smk cc: David T. Harden, City Manager Susan A. Ruby, City Attorney Frank Babin, Risk Manager Richard Overman, Chief of Police amorris2.dnt IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO: CL 96 5368 AD ALBERTA MORRIS and WILFRED MORRIS, her husband together and individually, :-".· Plaintiffs, vs. CHARLES McCUTCHEON in his capacity of Sheriff of Palm Beach County, and the CITY OF DELRAY BEACH, a municipal corporation, Defendants. / pLAINTIFFS' PROPOSAL FOR SETTLEMENT PURSUANT TO FLORIDA STATUTE SECTION 768.79 AND FLORII1A RULES OF CIVIL PROCEDD-RE. RULE 1.442 The Plaintiffs, ALBERTA MORRIS and WILFRED MORRIS, her husband together and individually, by and through their undersigned counsel, and pursuant to Florida $~atutes, Section 768.79 and Florida Rules of Civil Procedure, Rule 1.442, serve this Proposal for Settlement in the amount of TWENTY-FOUR THOUSAND NINE HUNDRED NINTY-NINE DOLLARS AND NO/100 DOLLARS ($24,999.99), to Defendant, CITY OF DELRAY BEACH, a municipal corporation, in accordance with and under the terms and conditions set forth by said Florida Statute Section 768.79 and Florida Rules of Civil Procedure, Rule 1.442 as follows: 1. This Proposal is being made to CITY OF DELRAY BEACH; 2. This Proposal is made in an attempt to resolve Plaintiff's claim for personal injuries as a result of an automobile collision that occurred with Richard D. Wentz, Jr., an employee of CITY OF DEL~AY BEACH, which occurred on January 19, 1995; 3. This Proposal for settlement is in the amount of $24,999.99, and there are no non monetary terms of this Proposal; 4. This Proposal includes attorney's fees and all interest to which Plaintiffs may be entitled; 5. This Proposal includes a certificate of service in the form required by Florida Rules of Civil Procedure, Rule 1.080(f); and 6. This Proposal for Settlement is not to be combined with or'used in conjunction with any other proposal for settlement or demand for judgment. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, by Certified U.S. Mail-Return Receipt Requested to, David N. Tolces, Esquire, (Attorney for CITY OF DELRAY BEACH), 200 Northwest First Avenue, Delray Beach, Florida, 33444; and by U.S. Mail to Mark Hanson, Esquire (Attorney for Plaintiffs), 224 Datura Street, West Palm Beach, Florida, 33401; Donald Feldman, Esquire, (Attorney for PALM BEACH COUNTY), One Boca Place, 2255 Glades Road, Suite 218A, Boca Raton, Florida, 33431; and to Eric D. Hightower, Esquire (Police Legal Advisor for CITY OF DELRAY BEACH), 300 West Atlantic Avenue, Delray Beach, Florida, 33444, this l~ day of December, 1997. ALOFS & RUSSO, P.A. Co-Counsel for Plaintiffs 580 Village Boulevard, Suite 260 West Palm Beach, Florida 33409 (561)684-5787 [lTV OF DELRR¥ BER£# DELRAY BEACH 100 N.W. 15t AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Ali,America City 1993 January 14, 1998 Mr. Bob Burdett, Executive Director Palm Beach County Municipal League P.O. Box 1989 Governmental Center West Palm Beach, FL 33402 Re: Business Council Subcommittee Appointee to School-To-Work Committee Dear Mr. Burdett: The City Commission reviewed your request for a representative to the Business Council Subcommittee of the School-to-Work Committee on January 6, 1998. The Commission was favorable and felt it was beneficial; however, due to time constraints, no one is able to volunteer. Yours truly, City Clerk mundoc. THE EFFORT ALWAYS MATTERS Printed on Recycled Paper 01/14/98 WED 09:48 FAX 561 243 3774 CITY CLERK [~001 *** TX REPORT TRANSMISSION OK TX/RX NO 1408 CONNECTION TEL 815613556545 CONNECTION ID ST. TIME 01/14 09:46 [/SAGE T 02'00 PGS. SENT 2 REStrLT OK FROM; P.B COClr~ty MuP, lcJpal League PHONE NO.' (561)355-4484 Dec 17, 1997 11 d]--./5 ¢¢'.¢_~:,~.--...~ b t h a(x FAX COVER PAGE Palm Beach County Municipal League 301 North Olive Avenue, Ste 1002.1 7 West Palm Beach,FL 33401 USA Tel Number: (561) 355-4484 Fax Number: (561) 355-6545 City of Oelray Beach '~Fax Number.'9~ Total pages including this page: 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MhAIAGER~ SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JANUARY 6, 1998 MUNICIPAL LEAGUE APPOINTMENT TO BUSINESS COUNCIL SUBCOMMITTEE OF THE SCHOOL-TO-WORK COMMITTEE DATE: JANUARY 2, 1998 Attached is a memorandum from the Municipal League asking for a Letter of Interest from anyone interested in being considered for appointment as the Municipal League (governmental) representative to the Business Council Subcommittee of the School-to-Work Committee. The accompanying letter from Commissioner McCarty, Chair of the School-to-Work Committee, provides additional information. If the Mayor or any of the Commissioners is interested in being considered, please advise at the meeting and staff will prepare the Letter of Interest. ref:agmemol6 FROM' P.B County Municipal League PHONE NO: (561) 3,55-4484 Dec 17, 1997 11:46 AM P 2/4 Palm Ileath COUflly MUNICIPAL LEAGUE P.O. BOX 1989, GOVERNMENTAL CENTER. WEST PALM BEACH, FLORIDA 33402 (561)355-4484 ,,'14 EiH ORA ND UA4 TO: Mayors, Managers and Clerks FROM: Bob Burdett, Executive Director ~ Executive Director PALM BEACH COUNITY MUNZ;C]]PAL LEAGUE SUB~TECT: Business Council Subcommittee Appointee to School-To Work Committee DATE: December 17, 1997 The Municil~l League has been asked to appoint a representative to the Business Council Sub-committee of the School-to-Work Committee (see attached letter from Commissioner McCarty). Anyone interested in the appointment is asked to submit a Letter of Interest to me by Fridcn/, ,Tanu~ry 9, 1998. The appointment will be made by the Muncil~l League's I~oard of Directors at the ~Tanu~ry [4, 1998 meeting. Please note that the first meeting of the BusJne-~s Council is scheduled for Friday. ~Tanuary 16, 1998, 8:00 A.M. a the Workforce l~evelopment Board offices. Candidates for the position should block their calendars accordingly. Please call of there are any questions. Thank you. FROMi P B.County Municipal League PHONE NO (561) 355-4484 Dec 17, 1997 11:47 AM P 3/4 December 10, 1997 Bob Burdett, Executive Director Municipal League 301 N. Olive, 10th Floor West Palm Beach, FL 33401 ~0~ oma#mm' M~t~ w~nua~ 'Dear Fll]I~ 3~40! (561) &59-5213 ~C~)~s~-s~ss On June 20, 1997 the School-to-WOrk Committee met at the Okeeheelee Nature Center to discuss the composition of the Committee and the various subcommit~es. The outgrowth of the discussion at that meeting was threefold. l) Positi°n the Marketing Subcommittee under both the Education and Busi~c~ss Councils; 2) Provide more business representation for the Education Council, and more educational representation on the Business Council; and 3) Compose the membership of the School-to-Work Committee and its subcommittees according to representation from various key community organizations and' entities. A copy of the proposed ~chool-to-Work Committee structure is attached. .Shortly after the June meeting the Chair of the Committee, Bill Howden, resigned his position, so the recommended changes were not immediately implemented. In October I- was appointed to the vacant Committee Chair position and my first task has been to implement the recommendations of the Okeeheelee meeth~, g. One of my first pri°rities has been to implement the Committee and subcommittee membership and structure. To this end I am writing to you today to ask if you would consider serving On the Business Council subcommittee of School-to-Work. The purpose of the group is to address the business concerns and issues perta'.ming to the School-to-Work irtitiative in Palm Beach County. Because of your position at the Municipal League, I am asking that you serve on the Business Council as the governmental respresentative. If you are unable to serve on this committee, could you please appoint a representative from your organization to serve in your stead? In the event that you wish to serve on the Bus,ness Council or wish to appoint someone in your stead, you can Call Delwin Finch, School-to-Work Coordinator for the Workforce Development Board at 659-5213, ext 206, and inform him of your decision. If you could call him by January 12, 1998, I w.ould greatly appreciate it. FRO,~: P.B.County Municipal League PHONE NO.' (561) 355-4484 Dec 17, 1997 11:47 AM P 4/4 The first Business Council meeting will be on Friday, January 16, 1998 at 8:00 a.m. in the administrative offices of the Workforce Development Board, Inc., 600 $. Dixie Highway, West Palm Beach. At that tirne the committee will select a Chair and Co-chair, establish a calendar of meetings and begin their regular business. The SchOOl-to-Work initiative is an exciting opportunity for both the business and education communities in Palm Beach County. The ultimate goal is to make edUCation more relevant for young people and connect the World of learning to the world of work; If you have any questions about focus and responsibilities of the Business Council, you can call Delwin Finch_ You may also call me directly at (561) 355-2204. Thank you for considering this opportunity to be a part of the process ot~ improving education in our county. Sincerely, School-to-Work Committee, Palm BeaCh County Workforce Development Board, Inc. Enclosure MM:dmf f:\ usecs\delwinf~ word\stw\co.o~-altr3.doc FAX COVER PAGE Palm Beach County Municipal League 301 North Olive Avenue, Ste 100217 West Palm Beach,FL 33401 USA Tel Number: (561) 355-4484 Fax Number: (561) 355-6545 From: Linda Ramirez To: City of Delray Beach Fax Number:9-1-561-243-7166 Total pages including this page: 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF JANUARY 6, 1998 APPOINTMENT TO THE CODE ENFORCEMENT BOARD DATE: JANUARY 2, 1998 Lynn Gardner, formerly an alternate member (real estate position), was appointed by Mr. Randolph at the December 9th meeting as a regular member (businessperson) to a three year term commencing January 14, 1998 and ending January 14, 2001. Also on December 9th, Mayor Alperin deferred his appointment of a replacement alternate member (real estate position) to the January 6th meeting. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be made on the basis of experience or interest in the fields of zoning and building control. The membership shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor. The realtor shall be licensed under the laws of the state licensing real estate brokers, or shall have actual experience deemed by the Commission to be equivalent to licensing. At the present time there are no applications on file specifically for the real estate position. However, the following laypeople have applied for consideration: Michael Coston (resides in the North for 4 months per year) Anthony Veltri A check for municipal liens and/or code violations was conducted. None were found. The appointment will be made by Mayor Alperin. In addition, there is also a vacancy for the engineer position on the Code Enforcement Board. This appointment will be made by Commissioner Egan. Due to the lack of applicants, he has requested a postponement to the January 20th meeting. Recommend appointment of an alternate member (real estate position) to the Code Enforcement Board for a three year term ending January 14, 2001. ref:agmemol MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY ~hAIAGER~ SUBJECT: AGENDA ITEM # ~O - REGULAR MEETING OF JANUARY 6, 1998 APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION DATE: JANUARY 2, 1998 Armand Mouw's term on the Public Employees Relations Commission will expire on January 29, 1998. Mr. Mouw was initially appointed to fill an unexpired term in September, 1993. In December, 1994, he was appointed to his first full regular term ending January 29, 1998. He is eligible and may be considered for reappointment. Pursuant to Section 35.032(A) of the City Code, one appointee is to be a person who, on account of previous vocation, employment or affiliation, is or has been classified as a representative of employers (management). The appointee need not be a resident of the City of Delray Beach. The following have submitted applications for consideration: Murray R. Kalish Armand Mouw (incumbent) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointment will be made by Commissioner Ellingsworth (Seat #3) . Recommend appointment of a member to the Public Employees Relations Commission to serve as a representative of employers (management) for a four year term ending January 29, 2002. ref:agmemo2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/~ SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF JANUARY 6, 1998 ORDINANCE NO. 47-97 (REZONING FOR A PORTION OF THE YAKE PROPERTY) DATE: JANUARY 2, 1998 Ordinance No. 47-97 rezones approximately 12.4 acres of the 17.5 acre Yake property from RL (Low Density Residential/3-6 units per acre) to RM-8 (Medium Density Residential/5-8 units per acre). At first reading on November 4, 1997, the Commission passed the ordinance by a vote of 3 to 2 (Mr. Ellingsworth and Mr. Randolph dissenting). A quasi-judicial public hearing was subsequently scheduled for November 18, 1997. At the applicant's request, the hearing on November 18th was continued to the date certain of December 2, 1997. On December 2nd, the applicant requested and was granted a further continuance to January 6, 1998. We are now in receipt of a third request to postpone the hearing for another six weeks, or to February 17, 1998, at 7:00 p.m. In discussing this with the City Attorney, she feels that the Commission may go ahead and grant the continuance but should condition the postponement on readvertising the petition to ensure adequate public notice. I recommend that the Commission approve the request for a continuance to the date certain of February 17, 1998, at 7:00 p.m., subject to the petition being renoticed (including newspaper advertisement and individual notice to property owners within 500 feet of the subject property), and that the applicant pay all costs associated with readvertising. ref:agmemol5 0Ix02~98 12:42 ~ 407 278 690~ LIST[CK ~ KR~LL 82 January 2, 1998 Diane Dominquez Planning & Zoning Director Via facsimile 243-7221 R~: Porton Companies, Yake Property Dear Mrs. Dominquez: Per our telephone conversation, please postpone the rezoning proceeding for Glx (6) weeks. Thank you for your cooperation. Very ~.rul¥ yours, Michael M~L/lek cc: Scott Porton (Facsimile) RECEIVED CITY CLERK ORDINANCE NO. 47-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RL (LOW DENSITY RESIDENTIAL/3-6 UNITS PER ACRE) DISTRICT IN THE RM-8 (MEDIUM DENSITY RESIDENTIAL/5-8 UNITS PER ACRE) DISTRICT; SAID LAND BEING COMMONLY K~OWN AS A PORTION OF THE YAKE PROPERTY LOCATED APPROXIMATELY 850 FEET EAST OF U.S. HIGHWAY #1, NORTH OF DENERY LANE, SOUTH OF ROYAL PALM BOULEVARD, AND IMMEDIATELY WEST OF AND ADJACENT TO THE INTRACOASTAL WATERWAY, 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 RL (Low Density Residential/3-5 units per acre) District; and WHEREAS, at its meeting of October 20, 1997, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 3 to 2 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 934-8 (Medium Density Residential/5-8 units per acre) District for the following described property: All that part of Lot 1, Correction Map Showing Subdivision of Property of Harry Seemiller situated in Lots 36, 1 & 3 Section 9, Township 46S, Range 43E, Palm Beach County, Fla., according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 9, Page 72, Palm Beach County Records, more particularly described as follows: Commencing at the northwest corner of Lot 18, Block "C", of La Hacienda, as shown on Plat recorded in Plat Book 15, Page 6, Palm Beach County Records; thence North at right angles to the North line of said Lot 18, a distance of 8 feet to the North line of alley as shown on Plat of La Hacienda, which is the point of beginning; from said point of beginning run North at right angles to the North line of La Hacienda, a distance of 239 feet, more or less, to the North line of Lot 1 of said Harry Seemiller's Subdivision; thence East along the North line of Lot 1 of said Harry Seemiller's Subdivision to the West right-of-way line of the Intracoastal Waterway; thence southerly along the West right-of-way line of the Intracoastal Waterway to the North line of La Hacienda; thence westerly along the North line of La Hacienda to the point of beginning; AND Lots 20 to 27, inclusive, and Lots 29 to 34, inclusive, Block C; Lots 21 to 27, inclusive, and Lots 29 to 34, inclusive, Block E; and all of Block F of La Hacienda, a subdivision in Palm Beach County, Florida, as per Plat thereof recorded in Plat Book 15, Page 6, of the Public Records of Palm Beach County, Florida; That certain parcel of real property shown on the Plat of La Hacienda, a subdivision in Palm Beach County, Florida, as per Plat thereof, recorded in Plat Book 15, Page 6, of the Public Records of Palm Beach County, Florida, which parcel is designated "Lake" and which lies between Lake Avenue N and Lake Avenue S and which surrounds Block F and Lake Trail in said Subdivision. Including lots, blocks, easements, rights-of-way, streets and alleys as shown on the above described Plats, as vacated by Resolution No. R-82-17 of the Board of County Commissioners of Palm Beach County, Florida, recorded January 22, 1982, in Official Records Book 3662, Page 1600, of the Public Records of Palm Beach County, Florida. - 2 - Ord. No. 47-97 The subject property is located approximately 850 feet east of U.S. Highway #1, north of Denery Lane, south of Royal Palm Boulevard, and immediately west of and adjacent to the Intracoastal Waterway; containing 12.4 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 47-97 BOR TON Y..~A. TRACT OtLgaY GULF STREAM Sw,*,P S, OP G~F CLUB ([.,~E AW..) m ~ ~ ~ ~A Y NORTH CF M..~.A. TRACT N REZONING ~ (A PORTION OF YAKE PROPERTY) PLANNINC & ZONINC O£PARlYEN'I FROM: RL (LOW OENSITY RESIDENTIAL) TO: RM (MEDIUM OENSITY RESIOENTIAL) -- Old'Il'At L~ASE I~ 5y~rEiv/ -- MAP R£F: C~'~80 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg~AGER~ SUBJECT: AGENDA ITEM # /O ~ - MEETING OF JANUARY 6, 1998 SALE OF CITY-OWNED PROPERTY/NEWMAN DATE: JANUARY 2, 1998 This is before the Commission to consider approval of the Contract for Sale and Purchase between the City and Mr. Richard Newman for property located on N.W. 8th Avenue between 2nd and 3rd Streets. The addition of this 40-foot lot to Mr. Newman's two 40-foot lots is enough land to make two conforming lots. The conforming lot sales and appraisals range from $0.98 to $1.48 per square foot; yet we are selling this lot to Mr. Newman for about $0.54 per square foot. We acquired this lot from Palm Beach County free of charge. If we keep it we will have to maintain it, so it is to our advantage to sell it and get it on the tax roll. However, I have some reservations about the sale price since Mr. Newman could reap a windfall profit from the transaction. Recommend Commission discretion. CITY JIF I]ELBAY BEfl[H CITY ATTORNEY'S OFFICE F/~CSIMILI'; 407/27S-4755 Writer's l)ircct I,me: (561) 243-7091 ~ll4m~i~ ~i~ M ~ mO rAn D U M ~ 993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Sale of Vacant Parcel to Richard Newman Approval of this contract will authorize the sale of this 40' x 136' vacant lot to the adjoining property owner for the amount of $3,200.00. The property is located on N.W. 8th Avenue between 2nd Street and 3rd Street. A copy of the contract is provided. By copy of this memorandum to David Harden, City Manager, our office requests that this contract be placed on the January 6, 1998 City Commission agenda. Please call if you have any questions. Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Lula Butler, Director of Community Improvement Pr~nted o,n Recycled Paper £1T¥ DF DELRfl¥ BEIIgH CITY ATTORNEY'S OFFICE ~ ~'"~ ~'~ ~'~-'~' ~'~'-~'¥ ~'~" ~'~'-~"~'~ DELRAY BEACH Ali. America Ci~ M EM O ~ N D tJ M ~aa~ TO: David tlardcn~ ~t~ ~a~cr FROM Brian Shutt, Assistant City Attorney SUBJECT: Sale of Vacant Property to Richard Newman Please see the attached documents and answers listed below in response to your memo of December 15, 1997. I. The Community Improvement Department requested that our office prepare a contract for the sale of this property to Mr. Newman. 2. Mr. Newman inlbrmed me that he owns Lot 28, which is a vacant lot, and Lot 27 which is the lot that his residence is on. See attached su~ey of Lot 27. 3. I was informed by the Community Improvement Department to dra~ the contract for this amount. The appraisal for this lot is $3,000.00, see attached appraisal repo~. The appraisal repo~ was done at a cost of $200.00. It is my understanding that the amount that was worked out with Mr. Newman was the appraised value of the property plus the cost of the appraisal report. Please let me know if you have any ~rther questions on this matter. cc: Lula Butler Alison HaZy Printed ©n t~ecycl~?d Pz~?er MEMORANDUM TO: Bdan Shutt, Assistant City Attorney David T. Harden, City Manager~ FROM: SUBJECT: Sale of Vacant Property to Richard Newman DATE: December 15, 1997 Before I put this item on the agenda, I would like to know the answer to several questions: 1. VVhat initiated this sale? There is nothing in the background information to explain. 2. Your cover memo states that Mr. Richard Newman owns adjoining property. Exactly which property does Mr. Newman own? 3. How did we arrive at the price of $3,200. Based on what we have been paying for 50 foot lots, $3,200 seems too little for a 40 foot lot. DTH:kwg cc: Alison Harty Lula Butler File:u:graham/cmgr Doc.:RNewman. Lot 7267 APPRAISAL REPORT of VACANT LAND DE. MUt.Y BEJ~,CH, F/~ORXDA 33444 OWh'~R~ CTTY OF DEI~RAY BEJLCH PREPARED FOR: 100 t~ 'IST DELRAY BEJ~CH, FLORZDA 33444 AS OF: OC'TOB~R 27, 3.997 PREPARED BY: Jenkins Appraisal Services, Inc. 5730 CORPORATE WAY SUITE 120 WllST PAlM BEACH, F~ORIDA 33407 MCS, Richardson, TX 1214) 699-7783 Jenkins Appraisal Services, Inc. LAND APPRAISAL REPORT Fifo No. 7267 Borrower N/A Ceniu~Tt~ct 67 M.~,.;.;~. 43-46-$7 P,~r,y A~,e. ~ ~ 8th Avenue cJ~ ~elra~ Beach c~Pa~ Bea~ st.~e FL z~,c~ 33%44 ~o.=~,~ ~t 29 Block B To~i~t N~k Delra~ Plat Book 11 Paqe %7 ~.~, Delray Beach C~lnity Develo~nt *~,.. 100 ~ 1st Ave., Delray Beach, OCC~8n( V~t AwalI~ Jet'ns Appraisal Inotf~Uonl to Ap,Ill. Estate ~=ket Value SlngleF~ilyAg. new WI. tO ~0 yrs. "red~l~.tAge 30 yr' A~MtoM,rkel aide of AtZ~ttc Avenue lust ~at of ~t~ Delray Beach. RevttaZt=atton of do~t~ ~ the .~Ject ne$q~rhoo~ is ~11 ~de~y due to ~e location's convenience to ~nities uat west ~d active participation o~ ~e Delray Beach ~. Dim~alo.~ 40 X 136 -5,440 Sq.~L~e. ~ C~,Lot Z~.g ~mssinc.~. R- ~S~ ~,~t Imp,~t. ~ ~ ~ ~ not ~o~ to ,~.g ,~.tlo~ High~ ~ best u.e ~ Pr..~ ~ ~ O~ (~cllW ~., ~ SU,~.C. ~phalt [Sh.~ Rect~gle a~erse eae~ents or encroac~ts were appar~t. ~e s~te c~ not be ~ve~ wi~ resi~ence ~d best uoe is as ~ces8 vac~t l~n~ to ~e siteo adjacent to 12 -%3 -46-17 -25 -002 -0290 ITE~ SUBJECT PROPERTY CO~PARABLE NO. 1 CO~PARABLE ~O. 2 CO~PARABLE NO. 3 A~re. ~ ~ 8th Ave ~ SW 1st Avenue ~ SW 1st Avenue ~ SW 6~ Avenue Beach Beach Be~k Beach Blocks Sou~east ~locks Sou~east Blocks Southeas ~me Adlu,tm~t Close~ site~ew Resi~ential Res~ential ,id~t~al Size SF 13200 SF SF 6750 SF Sales et Financing C~ments0nMerketDeta: ~1 sales are buildin~ sites sold wit~n the s~lect's 4~ate ~rh~d. the attached add~d~ for additional C~mem~ ..dCo.~t~o~ 0f A.~.h ~e appraisers t~e ~ res~ns~ilit7 ~or conditions t~t ~ be revealed by ~essional inspections beyond appraisal ~ertise ~d ~er~ence. FJnalReconcilioflo.: The Sales Comparison Approach has received all weiqht as it is the only valid for estimating the value of vacant I_A_~_~_ with no income producinq potential. IESTIMATETHEM VALUE, ASO NEO, OF SUSJECT PROPERTY AS OF October 27; 199_~.7 lobe t 3~000.00 Peter H. Sayles, SR~ [~]ok~ [-]OIdNofPhyah:ld,y~ctPfop~ty State-Cert.Res.ADpr%0001013 5/87-1 MCS, Richardson, TX 7EO81 (214) 699-7783 MC$ Fetm LA2 Jenkins Appraisal Services, Inc. PURPOSE AND FUNCTION OF APPRAISAL The purpose of this appraisal is to provide an estimate of market value. The function of this appraisal is to provide a value for use in conjunction with a proposed purchase. MARKETING TIME Marketing time for the subject property is estimated at over 6 months assuming suEficisnt market exposure and reasonable financing is available. SALES COMPARISON COMMENTS Size The sales are all buil~able lots and the subject is not. The sales were selected to establish a value for excess land as this is the subject's only use. All sales were adjusted downward to the subject's unbuildable site by the amounts indicated when pairing the sales. Zoning Sales 2 and 3 are zoned more intensely than the subject property but the highest and best use is still im~rove~ent with a single family residence for a sits of suitable size and no market adjustment is required. CONCLUSION The subject site is located between two improved properties and does not have enough size to add improvements by itself. I could locate no sales of similar u~4~rovable property so my logical conclusion was to find and c~are a typical buildable site (sale 3) to sites (sales 1 and 2) with excess land which is what the subject is. The two oversized sales received $.4? and $.66 for 6450 SF and 2992 SF re~pectivaly over a typical minimum 6750 SF building site. A rounded value between these extremes indicates $3,000 (5440 SF x $.$? - $3,100). All sales were then adjusted downward to reflect this value. Naturally they are unavoidably over adjusted but there is no known alternate and the premise is sound. SALES HISTORY No subject listing was located. Neither the subject or any of the comparable sales ~ave sold du~ing the past year per IBC, a public record ~ata source. ~o~lra Beach Ccmm~tn:Lt Develo nt File No. 7267 · Pro err Address ~ NW 8th Avenue Cit Delra Beech CountvPalm Beach State FL Z~ Code 33444 Lender N A FRONT VIEW STREET SCENE Location Map ] )SR ® TOW! OF ~NW IA ® (I-$) Plat Map / Jenkins Appraisal Services, Inc. File No. 7267 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive end open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably end assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; {3) a reasonable time is allowed for exposure in the open market; (4) pay- merit is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone as- sociated with the sale. · Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which ere normally paid by sellers es · result of tradition or law in s market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any ediustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession, but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the app- raiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is app- raised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements, and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser ts not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use end the improvements et their con- tributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazar- dous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no know- ledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be respon- sible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory comp- letion, repairs, or alterations on the assumption that completion of the improvements will be performed in · workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, end references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state o~ federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. 11. To develop an opinion of value the appraieer performed a complete appraise1 procese. Th/s is a sun~ary report which is intended to con~1¥ with the reporting requirements o£ the Uniform Standards of Professional Appraisal Practice for a summary appraisal report. Supporting documentation is contained w~thin the appraiser's file. The appraiser is not responsible for unauthorized use o~ this report. Freddie Mac Form 439 6-93 MCS, Richardson, TX 75081 {214) 699-7783 MCS Form LC5Page 1 o! 2 Fannie Mae F~'m 1004e 6-93 Jenkins Appraisal Services, Inc. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration In the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in s comparable p~operty is super- ior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comp- arable, and if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a pos- itive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report, and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are sub- ject only to the contingent and limiting conditions specified in this form. 4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective per- sonal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex. handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value or direction in value that favors the cause o! the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event In order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and pro- mulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reason- able time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as compar- ables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site,or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on sig- nificant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. ADDITIONAL LIMITING CONDITIONS 12. The apDraieere ere not liable to an~ person who did not directly contract for the &ppraisal services. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraiser report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the Appraiser's Certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: XXZ NW 8th Avenue~ Delra¥ Beach, Florida 3344·, APPRAISER,'~.z/~/ SUPERVISORY APPRAISER (only if requirad): Signature:~' ~7~_._~~ Signature: Name: Peter H. Sa¥1es, SRA Name: Date Signed: October 30~ 1997 Date Signed: State Certification No.: State-Certified Residential State Certification No.: or State License No.: R. E. Appraiser 0001013 or State License No.: State: Florida State: Expiration Date of Certification or License: 11/30,/98 Expiration O ate of Certification or License: [] Did [] Did Not Inspect the Property CONTRACT FOR SALE AND PURCHASE The CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), and RICHARD NEWMAN, ("Buyer") hereby agree that the Seller shall sell and the Buyer shall buy the following real property ("Real Property") upon the following terms and conditions which include the standards for real estate transactions included in this instrmnent: I. DESCRIPTION: Lot 29, Block B, TOURIST NOOK, DELRAY, FLORIDA, according to the Plat recorded in Plat Book I1, Page 47, Public Records of Palm Beach County, Florida. Being the real property described in the Tax Deed recorded in Official Record Book 9459, Page 53 I, Public Records of Pahn Beach County, Florida. II. PURCHASE PRICE ................ $3,200.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before January 15, 1998, the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: If Buyer chooses to obtain a title insurance commitment, Buyer shall do so at least 7 days before the closing date. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before January 30, 1998, unless extended by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than l0 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. SPECIAL CLAUSES: A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (I) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final -2- determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satis~ the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, ali or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. C. This contract is contingent upon the CITY OF DELRAY BEACH'S City Commission approving this Contract within forty-five (45) days following its execution by the Seller. D. The parties warrant and agree that there is no broker involved in this transaction. E. The soil, surface water, drainage require~nents and runoff availability, geological conditions, and environmental state of the property being purchased must be acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other soil, geological and engineering studies which may be conducted by Buyer at Buyer's expense within the time permitted for delivery of evidence of title herein. Notice of the result of such testing shall be furnished to Seller. During the term of this Contract, the Buyer, or Buyer's employees, agents, representatives, or assigns, shall have full and complete right to enter upon the property for the purpose of making any and all inspections, tests and studies of the property. In the event said conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the right to cancel this Agreement and receive a refund of all deposit monies paid hereunder. F. Buyer shall execute a Declaration of Unity of Title between this lot and Lot 28, Block B, TOURIST NOOK, DELRAY BEACH, FLORIDA. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreciug to issue to Buyer. upon recording of' the deed to Buyer. an owner's policy of title insurance in thc amount o1' thc purchase price, insuring Buyer's title to real property, subject only to liens, cncun~branccs. exceptions or qualification set forlh in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adoplcd by authority of Thc Florida Bar and in -3- accordance with la~v. If title is found defective. Bnycr shall noti~, Seller in writing specifying defect(s). If the defect(s) render title unmarketable. Seller will have one hundred twenty (120) days from receipt of notice withiu which to remove the defect(s), failing xvhich Buyer shall have thc optiou of either accepting the title as it then is or dcmauding a refund of deposit(s) paid which shall immediately be rcmmcd to Buyer: thereupon Bayer and Seller shall release one another of all furlhcr obligations under thc agreement. Seller will. if title is found unmarketable, usc diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buycr's cxpcnsc, wilhin lime alloxsed to dclivcr cvidcucc of title and lo examine same. may have real property snrvcycd and certified by a rcgistcrcd Florida surveyor. If survey shoxvs cncroachmcm on real property or that improvements localcd on real property encroach on sclback lines. casements, lands of others, or violate any rcstrictions, agrcclncnt covenants or applicable governmental regulation, thc same shall constitute a title defect. C. Int~rcss ami E~ress: Seller warrams and represents that there is iugrcss and egress to thc real property sufficicnt for thc intended usc as described herein, title to which is in accordance with Standard A. D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buvcr copies of all written leases and estoppel letters from each tenant specie'lng the nature and dnration of thc tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain snch letter from each tenant, thc same ixfformatioi~ shall be furnished by Seller to Buyer withiu that time period in thc form of a Seller's affidavit, and Buyer may thcrcaflcr contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Licns: Seller shall furuish to Buyer at time of closing an affidavit attesting lo thc absence, unless otherxvise provided for herein, of any financing statements, claims of lien or potcntml licnors known to Seller and £unher attesting that there have been no improvcmcuts or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or rcpaircd within that time. Seller shall deliver releases or waivers of mechanics' liens cxeculcd by all general contractors, subcontractors. suppliers, and materialmcn in addition to Seller's lien affidavit setting forth thc names of all such general contractors, subcontractors, suppliers and matcrialmcn and further affirming that all charges for improvcmcnls or repairs which could serve as a basis for a mechanic's liuc or a claim for damages have been paid or will bc paid at closing, F. Place of Closine: Closing shall bc held in thc couuty where mai property is located. at thc office of thc attorney or other closing agent designated by Seller. G. Time: Time is of the essence of this agrccmcnt. Time periods hcrcin of less than six (6) days shall in thc compnlation exclude Saturdays. Suudays and smtc or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of thc next business day. H. Documents for Closing: Seller shall fimfish deed. bill of sale. mechanic's lien affidavit, assignments of leases, tcuant and mortgagcc estoppel letters, and corrective iustmmcuts. Buyer shall furnish closing statement, mortgage, mortgage note. security agreement, and financial statements. I. Expenses: Documentary stamps on thc dccd and recording corrective instruments shall be paid by Buyer. -4- J. Prorations{ credits: Taxes. assessments, rent. inlcrcst, insurancc and other expenses and revenue of properly shall be prorated through day before closing. Buyer shall have thc option to taking over any cxisling policies of insurance, if assumable, in which cxcnt prcmimns shall bc prorated. Cash at closing shall bc increased or decreased as may ~ required by prorations. Proralions will bc made Ihrough day prior to occupan%' ifoccupan%' ~curs before closing. Advance rent and sccuriiy dc~si~s will ~ crcdilcd to Buyer and escrow deposits held by mortgagee will ~ credited ~o Seller. Taxes shall ~ prorated based on Ihc current year's lax with duc allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a dale when thc current ycar's milagc is nol fixed, and current year's assessments is available, taxes will bc prorated based upon such assessment and thc prior year's milagc, if current year's assessment is not available, thcu laxcs will be prorated on the prior year's tax. If there arc complclcd improvements on real property by Janua~~ l sl of year of closing which improvements wcrc nol in cxislcncc on Janua~' I st of thc prior year lhcn taxes shall be prorated based upon Ihc prior year's milagc and at an equitable assessment ~obc agreed u~n bclxvccn Ibc panics, failing which, request will ~ made to thc County Property Appraiser for an informal asscssmcnl taking inlo consideration availablc cxcnlplions. Any lax proration based on an cslimalc may. at request of cithcr Buyer or Seller. be subsequently readjusted upon receipt of lax bill on condition lhat a stalcmcnl Io thai cffccl is in lhc closing stalcmcnl. K. Special Assessment Liens: Certified. confirmed and ratified special asscssmcnt liens as of date of closing (and not as of Effective Date) arc to be paid by Seller. Pending liens as of date of closing shall ~ assumed by Buyer. If thc improvcmcnl has bccn substantially completed as of Effective Date. such pending lien shall ~ considered as cc~ificd, confirmed or ralificd and Scilcr shall, at closing, bc charged an amounl equal to ihc last estimate of assessment for thc improvement by thc public body. L. lnspection~ Repair and Maintenance: Seller warrants that. as of ten (10) days prior to closing, the ceiling, r~f (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVlDENCE of leaks or water damage and that thc septic tank, pool. all m~ior appliances. heating, cooling, electrical, plumbing systems and machinc~' arc in WORKING CONDITION. Buyer may. at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in thc constn~ction, repair or maintenance of tho~ items and shall repo~ in writing to Seller snch items that do not meet the above standards as to defects together with the cost of correcting them. prior to Buyer's ~cupan~' or not less than ten (10) days prior to closing, whichever ~curs first. Unless Buyer re~s such defects wiflfin that time Buyer shall be deemed to have waived Seller's wa~antics as to dcfccls nol re,fred. If repairs or replacement arc required, Seller shall pay up to three ~rccnt (3%) of thc purchase price for such repairs or replacements by an appropriately Florida licensed ~rson selected by Seller. If thc cost for such repairs or replacement exceeds three ~rcent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing ~vhich either party may cancel this agreement. If Seller is unable to correct thc defects prior 1o closing. the cost thereof shall be paid into escrow at closing. Seller will. upon r~asonablc notice, provide utilities sca'ice for ins~ctions. Between thc effective date and the closing. Seller shall maintain pro~y including but not limited to the lawn and shmb~o', in thc condition herein warranted, ordina~ wear and tear excepted. Buyer shall be permitted access for inspection of prope~y prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If thc pro, ny is danmgcd by fire or other casualty before closing and cost of restoration does not exceed the purchase price of thc property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so Iht agreement with restoration costs escrowed at closing. If the cost of thc restoration exceeds three ~rccnt (3%) of thc assessed ~qluation of thc improvcmcuts so damaged. Buyer shall have thc option of either taking pro~rty as is. together with either thc three ~rcent (3%) or auy insurance proceeds payable by virtue of such loss or damage, or of cauccling the agreement and receiving return of deposit(s). -5- N. Escrow: Any escrow agent ("Agent") receiving funds or cquivalcnt is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and. subject to clcarancc. disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement. Agent may. at Agcut's optiou, continue to hold thc subject matter of the escrow until thc parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdictiou shall determine thc rights of thc parties or Agcut may deposit with thc clerk of thc circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on thc part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. Ifa licensed real estate broker. Agent will comply with provisions of Chapter 475. F.S. (1987). as amcndcd. Any suit bctwccu Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agcut intcrplcads the subject matter of thc escrow. Agcut shall recover reasonable attorney's fees aud costs incurred with thc fees and costs to be charged and assessed as court costs in favor of thc prevailing party. Parties agree that Agent shall not be liable to any party or person for misdclivcry to Buyer or Scllcr of items subject to this escrow. unless such misdclivcry is duc to willful breach of contract or gross negligence of Agent. O. Failure of Perfurmance: If Buyer fails to perform this Contract within thc time specified (including payment of all deposit(s)), thc deposit(s) paid by Buyer may be retained by or for thc account of Seller as agreed upon liquidated damages, consideration for thc execution of Il)is Conlracl and in full settlement of any claims: whcrcupou. Buyer and Scllcr shall Ix: relieved of all obligations under Contract: or Seller. at Seller's option, may proceed iu equity to enforce Seller's rights under this Contract. If. for any reason other than failure of Seller to make Seller's title marketable after diligent effort. Seller fails, ucglccts or reft, scs to perform this Coutract. thc Buyer may seek specific performaucc or elect to receive thc return of Buyer's deposit(s) without thcrcby waiving any action for damagcs rcsultiug from Seller's breach. P. Agreement Not Recordable~ Persons Bouml~ Notice: Neither this agreement nor any notice of it shall bc recorded in any public records. This agrccmcnt shall bind and cnurc to the benefit of the parties and their successors in interest. Whenever thc context permits, singular shall include plural and one gender shall include all. Notice givcu by or to thc attorney for any party shall be as effective as if given by or to that party. Q. Convc~'auce: Seller shall convey thc property by way of Quit Claim Deed subject to au casement for any utilities that may exist and lie on the property. R. Other Agreements: No prior or present agreements or rcprcscutations shall bc bindiug upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upou thc parties unless in writing and executed by thc party or parties intended to be bound by it. S. Warranties: Seller warrants that thoro arc no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have sol been disclosed to Buyer. -6- SELLER: BUYER: City of Delray Beach, Florida Richard Newman Jay Alperin, Mayor ATTEST: City Clerk Approved as to Form: /~'. City Attorney State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this O~"rP'~ay of ~,~, lV9~by ~t(.j~/~ ~ ~. ]t14't2J//4'/~4~o is personally known to me or who has produce~-~ ~ ~- 7¢fl~ ~ ~a ~ ~tge~ ~. (type of identi~~~th. State of Florida ff~ Print, Typei~r,S~np.Name of ne~an.~ ] CO;,,i~iSS'[CN NC CC~]~23 -7- Boca Raton News, Monday January 5, 1998 NOTICE I$ HEREBY GIVEN, h~' gle ~ ~, B~ B, T~RIST ~K, ~L~Y, FLORiD~ ~ ~ ~ ~ R~ ~ Palm ~ ~, ~Tmx~ ~iol R~ ~ ~, P~ 91, F~. ~~C~Ri~ ~ ~. F~ ~t~, ~ F~, ~tl ~ ~ ~ ~i~ m ~ ~1 ~ ~ ~r ~t~ C~ ~ ~, C~ H~fl. ! 28 Boca Raton News, Monday December 29, 1997 NOTICE IS HERESY GIVEN, 1t~ ff~ ~ ~, B~k B, T~RIST ~, DEL~Y, FLORI~ ~ ~ ~ P~ ~ In Plat ~ 11, P~ ~, ~ic R~ ~ P~lm ~h ~, ~ · ~ T~ ~ ~ in ~ial R~d ~ 9~, P~ ~1, R~ ~ P~m ~ ~, F~. ~ ~ ~ ~ C~ ~ C~ ~s ~e. T~ C~ ~ ~C~II. [IT¥ OF DELRI:I¥ BE#IH CITY ATTORNEY'S OFFICE ~'~'~~'~'"~' '':" ~'"~'~' ~"¥ ~'~"' ~°~"~' ~:"~' FAL SIMILE 407/278-4755 Writer's Direct l,mc: (561) 243-7091 DELRAY BEACH lll.l~dca City M E M ORA N D U M 1993 TO: Alison MacQregor Hart~, City Clerk FROM: Brian Shutt, Assistant City Attorney SUBJECT: Sale of Real Property to Richard Newman Attached is a Notice of Intent to Sell Real Property, which is required to be published prior to approval of the contract. The accompanying contract should be placed on the Januaiy 6, 1998 agenda; therefore, the notice should be advertised on December 29th and Januaiy 5th. Should you have any questions please call. Attachment Printed (?n Recycled Paper NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined to sell the following described property: Lot 29, Block B. TOURIST NOOK. DELRAY, FLORIDA, according to the Plat recorded in Pla! Book I I, Pagc 47, Public Records o£ Pahn Beach County. Florida. Being thc real properly dcscribcd in thc Tax Dccd recorded in Official Record Book 9459. Page 531. Public Records o£ Palm Beach County, Florida. The sale of the property is tbr public purposes pursuant to a contract entered into between the City and Richard Newman. Further information, as available, may be obtained from the City Manager's Office. The City Commission of the City of Delray Beach, Florida, shall hold a public hearing on the proposed sale at their regular City Commission meeting of January 6, 1998 at 7:00 p.m. in the City Commission Chambers, City Hall. CITY OF DELRAY BEACH, FLORIDA By: Alison MacGregor Harty City Clerk Publish: The News December 29, 1997 January 5, 1997 City of Delray Beach Community Development Division MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Directo~ ]~,~} FROM: Michael Simon, Interim Community Development Coordinator ~ DATE: December 29, 1997 SUBJECT: HOPE'III Contract for Sale/515 SW 5th Avenue ITEM BEFORE THE COMMISSION This is to request approval to execute a Contract to sell a housing unit acquired through the HOPE III Program to a low income eligible family of three who are at 77% of median income: The buyers are a married couple with three children. BACKGROUND The unit to be sold is located at 515 SW 5th Avenue in Delray Beach. We purchased the property on June 21, 1996 for $31,032. The rehabilitation contract is for $25,495, and the rehabilitation work is nearly completed. The unit has three bedrooms and one bathroom with a square footage of 1,230. The total purchase price including closing costs is $67,400. Program regulations require that the unit be sold at appraised value. The buyer for this property qualifies for a $55,000 first mortgage, and the City will attach a subordinate mortgage for the difference between the first mortgage amount and the appraised value. The applicant is contributing 1% towards the purchase of the unit. Therefore, a Promissory Note in the amount of $11,770 will be recorded as a subordinate second mortgage in the public record. The note stipulates a full recapture provision for the first six years with a decrease of 1/168th of the original balance per month for the next 14 years. If the unit is sold by the purchaser prior to six years of occupancy, only the down payment, principal payments and property improvements made by the purchaser will be available to him at sale. RECOMMENDATION Staff recommends approval to execute the contract to sell the HOPE III unit to the eligible buyers and authorize the execution of the required second mortgage. /o.d- AGENDA REQUEST Request to be placed on: Date: December 29,1997 Regular Agenda Special Agenda ~ Workshop Agenda xxxx Consent Agenda When: January 6, 1998 Description of item (who, what, where, how much): Request approval to execute contract for sale under the HOPE III Program of the unit located at 515 S.W. 5th Ave. to an income eligible household. (Example: Request from Atlantic High School for $2,000 to.funds project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Dra_~ Attached: YES/NO Recommendation: Staff recommends approval and execution of the contract for sale. (Example: Recommend approval with funding from Special Events Account No. 001- 3333-555-44.55). Department Head Signature: ~-/c~xY~"/..~~:~3~'~'-'~'-- ~ 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. 8: Description: Account Balance: City Manager Review: Approved for Agenda~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:k~ommun~ 1 kxl~dbgrantXagenfornt doc [IT¥ JIF I]ELIIR¥ BEI:I[H CITY ATTORNEY'S OFFICE ~,oo mw ,.,, ^V,~N~,,~. ,~,~,~,,^~,,,~^~,-,, ,~,~0,,,~,^ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH Ali.America City MEMORANDUM DATE: December 30, 1997 1993 TO: Alison Harry, City Clerk FROM: David Tolces, Assistant City Attor~ SUBJECT: City of Delray Beach/Hope III Program Contract for Sale The above-referenced item has been scheduled for the City Commission agenda of January 6, 1998. I have approved the contract as to legal sufficiency and form. I am forwarding the original signed contract to you for the Mayor's signature. DNT:ci Attachment hope.dnt CONTRACT FOR SALE AND PURCHASE PARTIES: The CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W. 1st Avenue, Delray Beach, Florida 3.3444 (Phone: 407-243-7000) and Willie and Charlene Carter, a married couple ., ("Buyer"), of 705 Linton Blvd. ~ Apt. B201, Delray Beach 33444 (Phone: 5§1~278-7203. ) hereby agree that the Seller shall sell and the Buyer shall buy the following real property ("Real Property") and personal property' ("Personalty") (collectively for Real Estate Transactions attached ("Standard(s)") and any addendum to this instrument. I. DESCRIPTION: (a) Legal description of Real Property located in Palm Beach County, Florida: Lot 1, Sunnyside Park, Book 21, Page 75 (b) Street address, city, zip, of the Property is: 515 sw 5th Ave. (c) Personalty: II. PURCHASE PRICE: .,.6.3., .o .o .o . .h y .u .s .e . ? ?: $ 67,400 (a) Deposit(s) to be held in escrow by in the the amount of $ - (b) Additional escrow deposit within __ days after Effective Date in the amount of $ - (c) Subject to Ad",!D assumption of mortgage in good standing in favor of having an approximate present principal balance of $ _ (d) Purchase money mortgage and mortgage note beating annual interest at 10.25 % (see Addendum) herein, in an amount of $ 55,000 (e) Other: City of Delray Beach $ 11,770 (f) Balance to close (U.S. cash, LOCALLY DRakWN certified or cashier's check), subject to adjustments and prorations $ 630 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before .T~n,,~rv lq.. l qc~a the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. A facsimile copy of this Contract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. FINANCING: (a) If the purchase price or any part of it is to be financed by a third-party loan, this Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1) or (2) or (3)): (1) r--I a fixed, (2) . [3 an adjustable or (3) [] a fixed or adjustable rate loan within 30 days after Effective Date, at an initial interest rate not to exceed 10.25 %, term of 30 years and for the principal amount of $ 55.000 buyer will make application within 10 days after Effective Date and use reasonable diligence to obtain the loan commitment and, thereafter, to meet the terms and conditions of the commitment and close the loan. buyer shall pay .all loan expenses. If Buyer fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or after diligent effort fails to meet the terms and conditions of the commitment, then either party thereafter by prompt written notice to the other may cancel the Contract and Buyer shall be refunded the deposit(s). V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (CHECK (1) or (2)): (1) [] abstract of title or (2) [3 title insurance commitment and, after closing, owner's policy of title insurance. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before January 15, 1998 , unless extended by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract): a)[3 Coastal Construction Control Line Rider b)[2] Condominium Rider c)[] Foreign Investment in Real Property Tax Act Rider d)t3 Insulation Rider e)[~ FHA/VA Rider f')~ Other: XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1)~rnay assign or (2}tlXmay not assign Contract. X. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (l~ris attached OR (2?lis not applicable. XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. XIV. DISCLOSURES: Buyer ~lacknowledges or gldoes not acknowledee receipt of the agency/radon/compensation and estimated clomng costs d~sclosure. ~tJ ~ BUYER S INITIALS. SELLER: BUYER~ City of Delray Beach, Florida ~'//,~:...~;.,-,- f_~ Jay Alperin , Mayor Print Name: ¢J;I lie. ATTEST: State of Florida City Clerk County of Palm Beach ~Fo,~.~ The foregoing instmment was acknow, ledged before me this 17tl-day of ~-~q. ~--~ October 1997 ,X~by Candice H. ~_..~'C~ ~-...5~ White (name of officer or agent, title of officer or agent) of C±ty of Delray Beach (name of corporation acknowledging), a Government (state or place of ....... '"'°o~z incorporation) corporation, on behalf of the ~'~.~:';.'"~:2'..7~ ',.~. corporation. He/She is personally known to ..~ .o..~.~,~,os ,,2.' - . ~ _~ ~4~ ~,.. ~ me or has produced personally known = : ~ ~ ~ :~ o (type of identification) as identification and ~?: ~CC ~,71495 ~,~ did (did not) take an oath. · ,,,,,,,,,,,,,,,,,- _ . Signature of Notary Public- t State of Florida Deposit(s) under Paragraph II received. IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE: (Escrow Agent) By: 4 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: City of Delray Beach BUYER: Willie and Charlene Carter PROPERTY ADDRESS: 515 SW 5th Ave., Delray Beach, FL 33444 IXV. SPECIAL CLAUSES (Continued): A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non- Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. ' ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSACTIONS PARAGRAPHS D AND N: The parties hereby agree that the time periods for the inspections referred to in Standard D and Standard N shall be modified to be made within seven (7) days from the effective date of this Contract. In addition to the rights provided to Buyer in Standard D and Standard N, if, for any reason, the Buyer is not satisfied with the results of such inspections, Buyer shall have the right to notify Seller in writing of Buyer's election to terminate this Contract within said seven-day inspection period and receive the return of all deposits made hereunder. STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to. Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the pur~:hase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller at or 'before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the Contract. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not permit acceleration or interest adjustment in event of resale of Real Property; shall require all prior lien and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks located in the county wherein Real Property is located. All Personalty and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Florida surveyor. If survey, shows encroachment on Real Property or that improvements lOcated on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. D. TERMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control Operator to determine if there is any visible active termite infestation or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will have 4 days from date of written notice thereof, within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase price. Should such costs exceed that amounk Buyer shall have the option of canceling Contract within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act. D. INGRESS AND EGRESS.' Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof, title to which is in accordance with Standard A. F. LEASES: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for ninety (90) days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. I. TIME: Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. J. DOCUMENT FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. /'~ii~/e~t"'~//~ ~ If. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by,~S~. Documentary stamps, intangible tax and recording purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other ,exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January I st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax hill on condition that a statement to that effect is in the closing statement. M. SPECIAL ASSESSMENT LIENS: Certihed, confirmed and ratified special assessment liens as ofdaie of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the pumhase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term of Contract with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit(s). P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or charge which would render Seller's title unmarketable from the date of the last evidence. Proceeds of the sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification tO cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all fights against Seller as to any intervening detect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion or the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1989), as amended. Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the pan of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contraci, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by buyer and deposit(s) agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller 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. W. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or which have not been disclosed to Buyer. 10 --~4th . .., ST. ,~ .......... , ~71'~ ~ ,.ACT SUNNYSIDE '° *_aze_~~ ~,tZ-4t~tL.~.~ ( I - 4 ) ' '~'~ ~' '~' '~ X ~1. .... ", ,' ', OSE ~IONT pal; K TRACT lO ~o ( i ) :(''- 60): [ : Ii , I {:)'~! ~1~ NI H LS I , O ~ l; [. ! ¢ ?~' . ......... , , I I : I: II I ] ~' SW 7th ST 8th CT SW 8th CT t Boca Raton News, Tuesday December 30, 1997/'B NOT)CE IS HEREBY GIVEN, l~at ~ ~i~ ~ ~ C~ ~s ~ice ~ C~ Hall ~ ~ I~ NW 1~ A~ ~, ~lray ~h, F~ ~. T~ ~lar ~ ~ Janua~ 6, 1~ at 7:~ p.m. in ~ C~ ~m~ ~m~, C~ Hall. Boca Raton News, Tuesday December 23, 1997 ~'B NOT~CE IS HEREBY GIVEN, ~ the City of Delray Beech, Fla'iM, has de termlnecl lo sell fire ~lowing de Lot 1, ,~l'si~ P~"lg K~i~ t~ the I~at ~rere'mre re¢~ In Plat ~ 21, Page rs of file Public Records of Palm Be~ch COunty, Florida. The sate of Ibe I~OgertY is for I~lic la.ecl ~ beh~me~ 1he C~y ~ Delca¥ Be~ch and WilJia and Charlene Carte' ~ ~ HOPE Ill !~'~ram. Fu~l'~r i~formofi~, aS available may be ab. tair,~ from file City k~rmge~s Office in City Hatl )ocatnd at 100 NW 1si Ave- hue, Oelray Beach, Florida ~,m. The City Commissial M the Cfly of IXira¥ ~¢n, F~'~d:a, ~MI~ ha~4l a la~ic haaring m file pr~l~l Mie at ff~eir reg~r m~ing of j~n~ry L 1~1 at Chambers, City Hall. Boca Raton News City of Delray Beach Community Development Division MEMORANDUM TO: Alison Mac-Gregor Harry, City Clerk Butler, Community Improvement Directc~~ THRU: Lula FROM: Michael Simon, Interim Community Development C~oordinator DATE: December 15, 1997 SUBJECT: HOPE llI Program Property Sale Piease publish the attached article ia the December 23 and December 30, 1997 issues of -The News. This is a Notice of Public Hearing for the Community Development Division's HOPE III Program. When available, please send a copy of the publication affidavit and the article to the Community Development Division for our records. Thank-you for your assistance. NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined to sell the following described property: Lot 1, Sunnyside Park, according to the plat therefore recorded in Plat Book 21, Page 75 of the Public Records of Palm Beach County, Florida. The sale of the property is for public purpose pursuant to a contract entered into between the City of Delray Beach and Willie and Charlene Carter under the HOPE III program. Further information, as available, may be obtained from the City Manager's Office in City Hall located at 100 NW 1st Avenue, Delray Beach, Florida 33444. The City Commission of the ~ity of Delray Beach, Florida shall hold a public hearing on the proposed sale at their regular meeting of January 6, 1998 at 7:00 p.m. in the City Commission Chambers, City Hall. Publish: December23, 1997 December 30, 1997 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mga~AGE~ SUBJECT: AGENDA ITEM # JO'S- REGULAR MEETING OF JANUARY 6, 1998 ORDINANCE NO. 52-97 (SELF-SERVICE STORAGE FACILITIES) DATE: JANUARY 2, 1998 This is second reading and the second public hearing for Ordinance No. 52-97 which amends the Land Development Regulations with respect to the regulation of Self-Service Storage Facilities (SSSF). Self-storage facilities are not listed as a permitted or conditional use in any zoning district in the City. In October of 1996, the Planning and Zoning Board directed staff to conduct a study as to whether or not self-storage facilities should be permitted and how they might be regulated. Upon review of the study, the Board initiated proposed LDR text amendments to allow self-storage facilities as a conditional use in the Light Industrial (LI) and Mixed Industrial and Commercial (MIC) zone districts, and provide for performance standards to ensure quality development. The Planning and Zoning Board considered the proposed amendments at a public hearing on November 17, 1997, and voted unanimously to recommend approval. Ordinance No. 52-97 was considered on first reading by the City Commission at a public hearing on December 2, 1997. After discussion, it was the consensus of the Commission to modify the ordinance by expanding the hours of operation to 5:00 a.m. until 9:00 p.m., and also to clarify that no building on a site could exceed 15 feet in height with the exception of the on-site manager's apartment which could be located on a second floor. The ordinance, as amended, was passed on first reading by unanimous vote. The changes directed by Commission have been incorporated into the ordinance. The height exception for the manager's apartment is clarified on page 2, Section 2 at (A) (2) (b). The hours of operation are on page 3, subsection (5). Recommend approval of Ordinance No. 52-97 on second and final reading. ref:agmemol7 ORDINANCE NO. 52-97 DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A", "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ESTABLISHING A DEFINITION FOR 'SELF-SERVICE STORAGE FACILITY'; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", TO ESTABLISH SPECIFIC REQUIREMENTS FOR SELF-SERVICE STORAGE FACILITIES; AMENDING SUBSECTION 4.4.19 (D), "CONDITIONAL USES ~ STRUCTURES ALLOWED" BY ADDING SELF-SERVICE STORAGE , FACILITIES AS A CONDITIONAL USE WITHIN THE MIXED INDUSTRIAL AND COMMERCIAL ZONE DISTRICT; AMENDING SUBSECTION 4.4.26 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ADDING SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE WITHIN THE LIGHT INDUSTRIAL ZONE DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on November 17, 1997, and forwarded the changes with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to establish a definition for 'Self-Service Storage Facility', to read as follows: SELF-SERVICE STORAGE FACILITY (SSSF) : An individual buildinq or qroup of buildinqs arranqed in such a fashion to create a compound like structure, which contain varyinq sizes of individual self-contained storaqe units or bays rented or , leased for the express purpose of the dead storaqe of a tenant's qoods or wares. Section 2. That Chapter Four, "Zoning Regulations", Article 4~ist-~ict Regulations, General Provisions", Section 4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(A), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (A) ~K Self-Service storaqe Facilities (SSSF): (1) Lot Area: The minimum lot area is two (2) acres, and the maximum lot area is five (5) acres. (2) Facilities and Requirements: (a) Any SSSF which has outdoor bay.type, access to storage units must be designed in such a way to create a compound like structure with a defined masonry perimeter. In addition, the facility should be designed in such a way to minimize or eliminate sight lines of any bay doors, or outdoor storage of boats and vehicles, from the adjacent rights-of-way. (b) No building shall exceed fifteen feet (15') in height. This does not apply to an on-site manager's apartment which may be located on a second floor, not to exceed thirty-five feet (35') in height. (c) Parkinq shall be provided at the rate of one (1) space per 5,000 square feet of buildinq floor area devoted to self-storage and accessory management/administration uses. This requirement may be modified during the site plan approval process if a sufficient number of storage units have direct vehicle access, and internal driveways are designed to allow customers to safely park in front of their storaqe unit without impedinq internal circulation. (3) Limitation of Uses: (a) Activities other than the rental or lease of storage units are not allowed to be conducted on the premises, unless specifically permitted throuqh the conditional use process. - 2 - Ord. No. 52-97 (b) No business or activity other than dead unit in the facility. Examples of prohibited uses include, but are not limited to the followinq: the servicinq, repair and/or restoration of automobiles, boats, recreational vehicles, lawnmowers and the like; qaraqe sales; movinq and storaqe companies; cabinet makinq and wood workinq (whether personal or professional); personal hobbies and arts and crafts; and any other activity unless specifically permitted throuqh the conditional use process. (c) There shall be no electrical power provided to, or accessible from, any individual storaqe units. This includes the provision of liqhtinq fixtures to the interior of a storaqe unit, unless specifically addressed in the conditional use approval. The use of portable qenerators is also prohibited. (d~ The use or storaqe of any hazardous materials is expressly prohibited. (e) The terms and conditions of this section shall be clearly expressed in all storaqe rental or leasinq contracts, as well as conspicuously displayed on a siqn no smaller than one foot (1') by two feet (2') in the leasinq office. (f) Failure to maintain the terms and conditions of this section shall be qrounds for revocation of the conditional use approval. (4) On-Site Manaqer Required: All SSSF are required to have, and continuously maintain, an on-site manaqer, and provide on-site livinq quarters for such. (5) Hours of Operation: SSSF customers may not access individual storaqe units before 5:00 a.m. or any later than 9:00 p.m. Hours of operation may be further restricted when it is deemed that morninq and eveninq traffic into and out of the facility may neqatively impact the character of an adjacent residential area. In no circumstance shall customers of any SSSF have 24 hour access to their storaqe unit(s). - 3 - Ord. No. 52-97 (6) Landscape Requirements: In addition to all applicable landscape requirements and other special provisions pursuant to the individual zone district, a minimum ten foot (10') landscape buffer shall be required for the entirety of the property. (7) Outdoor Storage of Vehicles and Boats: The outdoor storage of boats and vehicles is permitted only if specifically addressed during the conditional use approval process. In all cases, this use is permitted only as accessory to the main use, must be located in the interior of the masonry perimeter, and may not be visible from any rights-of-way. (8) Truck Rental: Truck rental may be conducted as an ancillary use, if specifically permitted in the conditional use approval, and an appropriate amount of additional parking spaces are provided. Storage of rental trucks must be located in the interior of the masonry perimeter, and may not be visible from any rights-of-way. Section 3. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following: (g) Self-service storage facilities (SSSF), pursuant to the provisions set forth in 4.3.3(A). Section 4. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following: (4) Self-service storage facilities (SSSF), pursuant to the provisions set forth in 4.3.3(A). Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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. - 4 - Ord. No. 52-97 Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 6th day of January , 1998. Ale R ATTEST: ~ City Q/erk First Reading: December 2, 1997 Second Reading: January 6, 1998 '.i - 5 - Ord. No. 52-97 MEETING OF: NOVEMBER 17, 1998 AGENDA ITEM: V.E. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS ESTABLISHING SELF-SERVICE STORAGE FACILITIES (SSSF), AS A CONDITIONAL USE IN THE LIGHT INDUSTRIAL (LI), AND MIXED INDUSTRIAL & COMMERCIAL ZONE DISTRICTS. The item before the Board is that of making a recommendation of to the City Commission regarding amendments to LDR Sections Appendix A, providing a definition of self-service storage facilities; Section 4.3.3, establishing specific requirements for self-service storage facilities; and Sections 4.4.19 and 4.4.26 establishing self-service storage facilities as a conditional use in the Light Industrial (LI) and Mixed Industrial & Commercial (MIC) zone districts, respectively. '~ i"' ii .......................i ........ i ................. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: At the request of Michael S. Weiner, PA., the Planning and Zoning Board at its regular meeting in October lgg6, voted to direct staff to conduct a study as to whether or not self storage facilities should be permitted within the City, and how they might be regulated. As a result, the attached report was presented to the Planning & Zoning Board at its Workshop Meeting of June 9, 1997. At this meeting the Planning & Zoning Board directed staff to move forward this item and create proposed text changes to the City's Land Development Regulations which would allow self storage facilities as a conditional use in the Light Industrial (LI), and Mixed Industrial & Commercial (MIC) zone districts, and provide for several performance standards to ensure quality developments. At the present time, self storage facilities are not listed as a permitted or conditional use in any zoning districts in the City of Delray Beach. They could however, possibly be accommodated through a "Special Activities District", which would require a separate rezoning for each facility. The SAD would have to be consistent with the Future Land Use Map designation, which would probably be Commerce or Industrial. V.E. P&Z Memorandum Staff Report LDR Amendment RE: Self-Service Storage Facilities Page 2 In order to implement the changes recommended by the Planning & Zoning Board, the following sections of the LDRs would be amended: I. Appendix"A"- Definitions II. Section 4.3.3 - Special Requirements for Specific Uses III. Section 4.4.19(D), Mixed Industrial & Commercial Zone District, Conditional Uses & Structures Allowed IV. Section 4.4.26(D), Light Industrial Zone District, Conditional Uses & Structures Allowed The complete list of text changes can be found on an attached sheet, the following is brief summary of those changes. Appendix "A"- Definitions In order to propedy regulate self-service storage facilities, it is necessary to create a clear definition of this use. Because of their close association with warehouses (their primary functions both being storage), and because many SSSFs refer to themselves as "mini-warehouses", they are often confused with traditional warehouse type uses. The use of the term "self-service storage facility" (SSSF), is the chosen industry standard because it emphasizes self-service, the main aspect which separates them from warehouses. Most municipalities which define self storage facilities refer to them as such. Providing a specific definition of what is a SSSF, will also help to eliminate any ambiguity which currently exists in the code regarding the use. Section 4.3.3 - Special Requirements for Specific Uses Because of the unique nature of self-service storage facilities, the Board felt the current code would not adequately address several areas of concern which they had with the development of such a facility. In order to address these concems, Section 4.3.3 would be modified to provide a new sub-section setting forth specific standards for the development of self-service storage facilities. The following is a bdef summary of the proposed standards, and rationale for their inclusion. Lot Area Although the need for SSSFs is evident, there was concern that the City could be inundated with facilities. A minimum site size of two acres will guard against the P&Z Memorandum Staff Report LDR Amendment RE: Self-Service Storage Facilities Page 3 proliferation of numerous small facilities, and also prevent the conversion of existing small warehouses into SSSFs. The maximum site size of five (5) acres will prevent the development of "mega" facilities, which the board felt would not be an appropriate land use. F~cilities and Reouirements This section, in part, addresses the Boards' concerns with the aesthetics of SSSFs. Based upon the development history of self-service storage facilities, aesthetics was apparently not always a concern. Examples of S$$Fs which are nothing more than rows of Iow fiat buildings with a repetitious arrangement of garage doors, completely visible from the adjacent right-of-way, are not uncommon. The objective of this function is take this negative aspect of a SSSFs, and intemalize it, thus eliminating unappealing "sight lines" commonly associated with these structures. Most modern SSSFs are designed to be more appealing in this respect, but not always to this degree. This higher standard will help to insure quality self storage developments. Parkir~g Again, because of the unique nature of SSSFs, the application of current parking requirements is not practical. The current parking requirements for industrial areas with respect to storage is 1 space per 1,000 square feet of floor area. A SSSF facility of up to 50,000 square feet generates approximately 20 trips per day (1997 Self Storage Almanac), but would be required to provide 50 spaces. Thus the requirement I space per 5,000 square feet of floor area is more applicable. This requirement can be modified up or down during the site plan process. Limitation of U~es Historically this has been a problem with SSSFs. When unscrupulous managers allow businesses such as auto repair or cabinet making to operate out of the storage bays, problems such as noise, odor and parking are the result. The situation can be further complicated when the zoning code does not formally recognize SSSFs as a specific use, creating a "gray" area and making code enforcement very difficult. The purpose of this section is to emphasize that primary use is storage. It also clearly defines what is, and what is not allowed to occur within a self-service storage facility, and in so doing, eliminates any ambiguity. P&Z Memorandum Staff Report LDR Amendment RE: Self-Service Storage Facilities Page 4 On-Site Manager Required This requirement is based on the need to provide an on-site manager to help enforce the regulations regarding the use of the bays for storage only. Hours of Operation This section addresses the concem of having 24 hour "all-night" access to facilities. This can create security problems in industrial or warehouse type areas, which normally do not operate during late night hours. In addition, there was concem that if a 888F was close to, but not necessarily adjacent with residential neighborhoods, vehicular traffic in early or late hours could impact the character of these areas. Landsca.~e Requirements This section again emphasizes the aesthetic concerns of 888Fs, by applying a landscape requirement above and beyond those required by section 4.6.16. Outdoor Storage of Vehicles and Boats This section allows the outdoor storage of vehicles and boats, if specifically addressed in the site plan approval process. The Board felt this would a positive aspect of this use, as would help alleviate the problem of outdoor storage of these items in residential neighborhoods. Truck Rental This section allows the use of truck rentals (such as U-Haul and Ryder Trucks) to be included within a SSSF as an ancillary use, subject to conditions regarding its location within the facility. This use is included due to a recent trend to combine truck rentals with self storage facilities. This arrangement will allow the use to be directed to an area where it will not have a negative visual impact on adjacent uses. Section 4.4.19(D), Mixed Industrial & Commercial Zone District, Conditional Uses & Structures Allowed and Section 4.4.26(D), Light Industrial Zone District, Conditional Uses 8, Structures Allowed The changes to these two sections establish self-service storage facilities as "Conditional Uses", in the Mixed industrial & Commercial (MIC) and the Light Industrial (LI) zone districts. It is felt that the use is appropriate in the LI district because it is a P&Z Memorandum Staff Report LDR Amendment RE: Self-Service Storage Facilities Page 5 clean, quiet use that will not be detrimental to wellfield zones or to adjacent neighborhoods (which are proximate to the main LI zone on S.W. 10th Street. It is also considered to be an appropriate use in the MIC district, which allows numerous uses (including wholesale, storage & distribution) of varying degrees of intensity. The use is not proposed for inclusion in the Industrial (I) zone district due to the limited amount of industrial zoned land remaining in the City. The Industrial zone district is reserved for more intense uses which cannot be accommodated elsewhere in the City. One of the more negative aspects of SSSFs is that they use valuable industrial land, but provide limited economic benefits to the community, especially with regard to job creation. It is not inappropriate to limit their use as provided by this ordinance. In addition, the Industrial districts are more remote from residential neighborhoods than either the MIC or LI zones. As 70% of SSSF customers are typically residential as opposed to business, it makes sense to direct them to the more convenient locations. By motion, recommend that the City Commission approve amendments to the LDRs, adding Section 4.3.3 (A), Self-Service Storage Facilities, and amending Sections 4.4.19, Mixed Industrial & Commercial (MIC), and Section 4.4.26, Light Industrial (LI), and Appendix A - Definitions; as provided in the attachment. Attachment: · Proposed LDR Amendments · Report from P&Z Workshop - June 9, 1997 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~/~[ SUBJECT: AGENDA ITEM #/O~- REGULAR MEETING OF JANUARY 6, 1998 ORDINANCE NO. 53-97 (AMENDMENTS TO NUISANCE ABATEMENT ORDINANCE ) DATE: JANUARY 2, 1998 This is second reading and a public hearing for Ordinance No. 53-97 which amends Chapter 135, "Abatement of Nuisances", of the City Code. In sum, the ordinance will empower the Nuisance Abatement Board with the full powers authorized by state law, as follows: (1) Orders of the Board may be recorded in the public records of Palm Beach County and will constitute notice to subsequent purchasers and successors of liens or other encumbrances on the chain of title. (2) Costs of prosecution may be assessed against an owner if the City prevails in a prosecution before the Board. (3) Fines may be assessed by the Board for failure to comply with a Board order. Up to $250.00 per day may be set for first time violations. $500.00 per day may be set for repeat violations. Fines may not exceed a total of $5,000.00. (4) Orders imposing fines may be recorded in the public records and shall constitute a lien which shall run in favor of the City. After three months, the Board may authorize the City Attorney to initiate foreclosure proceedings upon the lien. Such liens may not be foreclosed against "homestead" property. Liens under this ordinance shall continue in force for twenty (20) years from the date of recording. (5) Pursuant to state law, the City will be allowed to use all means available to enforce its ordinances (citations for code violations, civil forfeiture, condemnation proceedings, etc.). At first reading on December 2, 1997, the Commission passed the ordinance by a vote of 4 to 1, with Mr. Randolph dissenting. Recommend approval of Ordinance No. 53-97 on second and final reading. ref: agmemol2 ~;'J ~ ~'/'t' ~ ~ ORDINANCE NO. 5 3- 9 7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 135, "ABATEMENT OF NUISANCES"; PROVIDING FOR THE PAYMENT OF REASONABLE COSTS ASSOCIATED WITH INVESTIGATIONS OF AND HEARINGS ON PUBLIC NUISANCES; PROVIDING FOR PAYMENT OF REASONABLE ATTORNEY FEES TO THE CITY ASSOCIATED WITH THE SUCCESSFUL PROSECUTION OF A CASE BEFORE THE NUISANCE ABATEMENT BOARD; PROVIDING FOR CONTINUING JURISDICTION FOR A PERIOD OF ONE YEAR OVER ANY PLACE OR PREMISE THAT HAS BEEN OR IS DECLARED TO BE A PUBLIC NUISANCE; PROVIDING FOR PENALTIES FOR PUBLIC NUISANCES, INCLUDING FINES NOT TO EXCEED $250.00 PER DAY; PROVIDING FOR PENALTIES INCLUDING FINES NOT TO EXCEED $500.00 PER DAY FOR RECURRING PUBLIC NUISANCES; PROVIDING FOR THE RECORDING OF ORDERS ON PUBLIC NUISANCES SO THAT NOTICE MUST BE GIVEN TO SUBSEQUENT PURCHASERS, SUCCESSORS IN INTEREST, OR ASSIGNS OF THE REAL PROPERTY THAT IS THE SUBJECT OF THE ORDER; PROVIDING THAT RECORDED ORDERS ON PUBLIC NUISANCES MAY BECOME LIENS AGAINST THE REAL PROPERTY THAT IS THE SUBJECT OF THE ORDER; PROVIDING FOR THE FORECLOSURE OF PROPERTY SUBJECT TO A LIEN AND THE RECOVERY OF ALL COSTS, INCLUDING REASONABLE ATTORNEY FEES ASSOCIATED WITH THE RECORDING OF ORDERS AND FORECLOSURES; PROVIDING THAT NO LIEN CREATED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE MAY BE FORECLOSED ON REAL PROPERTY WHICH IS A HOMESTEAD UNDER SECTION 4, ARTICLE X OF THE FLORIDA STATE CONSTITUTION; PROVIDING THAT THE TOTAL FINES IMPOSED PURSUANT TO THE AUTHORITY OF THIS ORDINANCE SHALL NOT EXCEED $5,000.00; PROVIDING THAT NOTHING CONTAINED WITHIN THIS ORDINANCE PROHIBITS THE CITY OF DELRAY BEACH FROM PROCEEDING AGAINST A PUBLIC NUISANCE BY ANY OTHER MEANS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted Section 893.138, Fla. Stat. to allow a local government to establish a nuisance abatement board to address the issues of prostitution and the sale of controlled substances on properly within the local government's jurisdiction; and WHEREAS, the Delray Beach City Commission adopted Chapter 135 "Abatement of Nuisances" on January 12, 1997, which incorporated the provisions of Section 893.138 Fla. Stat. to provide for the establishment of a nuisance abatement board. WHEREAS, the Delray Beach City Commission recognizes the significant efforts of the citizens of Delray Beach and the Delray Beach Police Department in working together to control prostitution; the sale of controlled substances, and criminal street gang activity; and WHEREAS, the State of Florida enacted amendments to Section 893.138, Fla. Stat. to grant to local nuisance abatement boards additional powers of enforcement. WHEREAS, the Delray Beach City Commission finds that in order to further protect its citizens' health, safety and welfare, the Nuisance Abatement Board must be empowered with the full range of authority granted to it under Section 893.138, Fla. Stat.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title 13, "General Offenses", Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 135.40 CONDUCT OF HEARINGS. (H) A certified copy of a Nuisance Abatement Board order may be recorded in the public records of the County and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property and the finding therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records of Palm Beach County pursuant to this subsection and the order is complied with by the date specified in the order, the Nuisance Abatement Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing before the Nuisance Abatement Board is not required to issue a Board order acknowledging compliance. (I) If the City prevails in prosecuting a case before the Nuisance Abatement Board, it shall be entitled to recover all costs incurred in investigating and prosecuting the case before the board. Section 135.70 FINES FOR NONCOMPLIANCE WITH ORDERS. (A) The Nuisance Abatement Board, upon notification by the City that an order of the Board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the Nuisance Abatement Board for compliance or in the case of a repeat violation, for each date a repeat violation 2 ORD. NO. 53-97 continues beginning with the date the repeat violation is found to have occurred by the City. A fine imposed pursuant to this section shall not exceed $250.00 per day for the violation and shall not exceed $500.00 per day for a repeat violation. The total fines imposed pursuant to this section shall not exceed $5,000.00. (B) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the property upon which the violation exists. A lien arising from a fine imposed pursuant to this section runs in favor of the City and the City may execute a satisfaction or release of lien entered pursuant to this section. The City shall be entitled to collect all costs incurred in the recording of and filing of a satisfaction of a valid lien. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy_ against the personal property, but shall not be deemed to be a court judgment expect for enforcement purposes. (C) After three months from the filing of any lien which remains unpaid, the Nuisance Abatement Board may authorize the City Attorney to foreclose upon the lien. No lien created pursuant to the provisions of this chapter may be foreclosed on real property which is a "homestead" under Article X, Section 4 of the State Constitution. Section 135.80 DURATION OF LIEN. No lien provided by this chapter or under the authority of F.S Sections 162.01 et seq., shall continue for a period longer than twenty (20) years aider the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including reasonable attorney's fees, that it incurs in foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Section 135.90 SUPPLEMENTAL PUBLIC NUISANCE. (A) The provisions of this section are additional and supplemental means of enforcing the City's ordinances and may be used for the enforcement of any noncriminal ordinances, or for the enforcement of all noncriminal ordinances. Nothing contained in this section shall prohibit the City from enforcing its codes or ordinances by any other means. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 3 ORD. NO. 53-97 Section 4. That this ordinance shall become effective ten (10) days from its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 6th day of January , 199~,. ATTEST: City Clerk ~' .... /J - - I First Reading December 2, 1997 Second Reading aanuary 6, 1998 nuisance.doc, docs ordinanc rex'. 11:1897 4 ORD. NO. 53-97 TO: DAVID T. HARDEN CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 6, 1998 AMENDMENT TO ORDINANCE NO. 79-84, THE SPECIAL ACTIVITIES DISTRICT (SAD) ORDINANCE FOR WATERFORD PLACE ** FIRST READING ** The action requested of the City Commission is that of adopting, on first reading, an amendment to Ordinance No. 79-84, the Special Activities District (SAD) ordinance for Waterford Place. The developer of Waterford Place has requested the abandonment of the Development of Regional Impact (DRI) status for the project. The procedure for granting the request involves consideration of a resolution repealing the DRI Development Order (DRI-DO) and, if the resolution is approved, the amendment of the SAD ordinance to add any outstanding conditions of the DRI- DO, in addition to the development conditions already contained in the SAD ordinance. A public hearing to consider the resolution abandoning the DRI has been scheduled for January 20th. However, since an ordinance requires two readings before the City Commission, the first reading is scheduled for this meeting so that the second reading and public hearing for the SAD amendment can also occur at the meeting of January 20th. The attached Planning and Zoning Board staff report contains the complete background and analysis for the request for DRI abandonment and the proposed amendment to the SAD ordinance. The Planning and Zoning Board considered both the request for abandonment of the DRI status and an amendment to the SAD ordinance, in a public hearing, at its meeting of December 15, 1997. During the public hearing, two residents commented on the traffic conditions along Linton Boulevard. After discussion, the Board voted (6-0) to recommend that the City Commission approve both items. By motion, approve the amendment to Ordinance No. 79-84 on first reading, and schedule the second reading and public hearing for January 20, 1998. Attachment: · Planning and Zoning Board Staff Report of December 15, 1997 ORDINANCE NO. 1 - 9 8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA RESTATING AND AMENDING ORDINANCE 64-92, AND ORDINANCE 11-96 WHICH COMPRISE THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE FOR THE WATERFORD PLACE/DELINT DEVELOPMENT OF REGIONAL IMPACT (DRI); GENERALLY LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95 AND LINDELL BOULEVARD; BY INCORPORATING ANY EXISTING CONDITIONS OF THE WATERFORD PLACE/DELINT DRI INTO THE SAD ZONING DISTRICT; ESTABLISHING CONDITIONS FOR FURTHER DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on October 9, 1984, the City Commission of the City of Delray Beach, Florida, passed and adopted Ordinance No. 79-84 which established the Special Activities District (SAD) zoning district on the Waterford Place/Delint property to allow for development of hotel, office, and multi-family uses on said property; and WHEREAS, on May 28, 1985, the City Commission adopted Resolution No. 49-85 approving the Development of Regional Impact (DRI) Application for the subject property, constituting the DRI Development Order (DRI-DO) and further setting forth conditions on the development of said property; and WHEREAS, on December 22, 1987, the City Commission adopted Ordinance No. 96-87 which amended Ordinance No. 79-84 by deferring construction on certain road improvements, amending the measurement of project phasing from a square footage basis to a traffic generation basis, and approved the site plan on the residential portion of the project (Waterford Village); and WHEREAS, on November 16, 1989, the City Commission adopted Ordinance No. 68-89 which amended Ordinance No. 79-84 to replace the site specific development plan for the property with a conceptual development plan; and WHEREAS, on December 16, 1992, the City Commission adopted Ordinance No. 64-92 which further amended Ordinance No. 79-84 by replacing a 250 room hotel and 489,587 sq. ft. of office space for 136,000 sq. ft. of commercial/retail (Builders Square); and WHEREAS, on March 5, 1996, the City Commission adopted Ordinance No. 11- 96 which further amended Ordinance No. 79-84 by replacing the remaining 322,413 sq. ft. of office space for an additional 300 multi-family residential units and a 78 room residence/business hotel, and adding additional conditions of development; and WHEREAS, on January 20, 1998, the City Commission adopted Resolution No. which abandoned the DRI status of the Waterford Place/Delint project, repealing the DRI-DO in its entirety, noting that it will be replaced by an amended SAD, and any unmet conditions of the DRI-DO shall be incorporated into the SAD Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4 of City of Delray Beach Ordinance No. 64-92, as amended by Ordinance 11-96, be, and the same are hereby amended to read as follows: That the development of the property described in Section 1 of Ordinance No. 64-92 shall be in accordance with the following conditions: 1. The site data shown on the MDP shall be up-dated and corrected to reflect the resulting amount of floor area and acreage and parking accommodated in the entire project m--,A.aification. 2. The ~ residential portion shall contain no more than 536 units. 3 5. That the number to be used for establishing the vested traffic count for external trips shall be 10.111 trips..r~.... ,k ..... :~ ~n~ n~: ~ ~ ~.~, .., .... ~.~ c~m~.. Page 2 of 8 Ord. No. 1-98 · ;;:'~Jn *me ',Va+.erf~rd £A.D/D?~. The developer shall submit plans to de-emphasize Lindell Boulevard as a collector road with any site plan for further development of the Waterford Place project. Such plans shall address, among other alternatives, the realignment Of Lindell Boulevard into the 300 rental apartments and residence/business hotel component of Waterford Place. Designs to so de-emphasize traffic use on Lindell Boulevard may be required through site plan conditions. 5-1-g. The developer recognizes that roadway improvements associated with the traffic generated from this project are subject to review with each new site plan consideration. Accordingly, the developer agrees to construct such additional on- site and off-site traffic improvements as may be required by the City Commission, pursuant to the City's Land Development Regulations, at the time of site and development plan approval. Page 3 of 8 Ord. No. 1-98 6-1-5. The developer acknowledges that the east accessway to retail use is a temporary condition and that if it later becomes necessary to alter it, the existing improvements may need to be totally redesigned, removed, and reconstructed including the necessity to replat the access tract which is now being created. Further, the improvements shall comply with geometric and construction standards of the City for a street, but shall not need to comply with full cross-section requirements i.e. right-of-way, two sidewalks, swale drainage. 7 46. The developer shall provide pedestrian ways to the intersection of S.W. 10th Avenue and Lindell Boulevard, and to Delray Crossings from the retail use. The requirement of providing pedestrian ways to De[ray Crossings is a requirement of the City, and shall not be considered a sharing of infrastructure, pursuant to Chapter 380, Florida Statutes. Avenue,'L~de!l ~au!e~ ~ ~ ' to 8-1-8. The developer shall continue the landscape concept which is found along Circuit City for the length of the Waterford frontage along 1-95. 9 g-t-. That SPRAB consider special, off-site screening to be located within Waterford Village, or on other portions of the project ~, in order to mitigate inappropriate visual effects of the retail use facility from the apa, anent complex. L~g p · m~iS:ati~. ~e developer shall provide and main~ a buffer zone of ~tive upland edge vegetation ~ound wetl~d ~d deepwater habitats which are co~cted on-site in accordance wi~ ~e following provision. ~e buffer zone may co~ist of prese~ed or planted vegetation, but shall include canopy, understou ~d ground cover of mfiv~ species offiy. ~e edge habitat shall begin at ~e upland limit of ~y wetland or d~pwater habitat ~d shall include a total ~ea of at least 10 so. are feet per line~ foot of wetland or deepwater habitat pe~eter. ~is upland edge habitat shall be l~ated ~ch ~at no less ·an 50 percent of ~e total shoreline is buffered by a miffimum wid~ of 10 feet of upland habitat. Page 4 of 8 Ord. No. 1-98 11-2-3. Modifications to the existing SFWMD permit shall be received and reviewed to insure compatibility with the approved site plan prior to issuance of building permits. If inconsistencies arise, modifications shall be approved through the site plan modification process with action by SPRAB when Board action is required. 12 g4. Conflicts among the site and developmem plans (site plan, landscape plans, engineering plans) and changes thereto which may be necessary to accommodate the proposed gravity sewer system shall be resolved in favor of the landscape plans and site plan. ............... g:ve ....... .~ ~ ................. ~ ~ advisor' toe. eats -2-6. The developer shall extend the pedestrian path in the residential area from that area into, and through, the balance of the project e~f:fie-e-pa~ in accordance with the standards of the City Engineer. frcm adjacent res?A~*:~' prepe..-'*y. ........ ~ ....... r ........ ,~ ..... ~ * ~. retail uso '" Page 5 of 8 Ord. No. 1-98 ~, *~o tlmc cf i:~,mnce ~ *"~ Certificate c~ Occup~ucy ~"- *" ..... ;' .... ~'..OU:'.t~.^~ ~..~...~ ~'~ ~ '~ rv~ ,^....k~,..~ ,~;..,.~..~ ~."~ ~C .....~cr ~i :.*'.cz ~....~ 14. '['he developer shall establish a vegetated and functional littoral zone as part 0f the surface water management system and drainage canals occurring on the property.. Prior to construction of the surface water management system for any phase of the project, the developer shall prepare a design And management plan for the wetland/littoral zone that will be developed as part of that system. T~e plan shall: 1~ include _typica! cross sections of the ~urfac¢ water mana_~ement system showing the average water elevation and the -3 foot contour (i.e, below ~verage elevation): 2~ speci~ how ve_~etation is to be established within this zone. including the extent, method..type And timing of any planting to be provided: and 3~ provide a description of any management procedures to be followed in order to ;~ssur¢ the continued viabili.ty And health of the littoral zone. The littoral zone as established shah consist entirely of native vegetation and shah be maintained .oermanent]y as part of thc water management system. As a minimum, 10 suuare feet of ve_~etated littoral zone per linear foot of lake shoreline shall be established as part of the surface water management system. The plan shall be subject to approval by the City_ of Delray Beach and South Florida Water Management District prior to beginning an_v excavation activity.. The plan shall be implemented and work inspected no later than 18 months after the lakes are 15. The primary source of irrigation water shall be the surface water management System of lakes. In no case shall irrigation water be derived from municipal potable water 16. At least 30 percent of the landscaped areas on-site, excluding rights-of-way. building courtyard areas and planting boxes which abut buildings shall be comprised of native vegetation. The location of vegetation areas shall be such that the watering and fertilization of non-native areas does not inhibit the management of the native vegetation Page 6 of 8 Ord. No. 1-98 areas in a healthy state. Fifty_ percent of the trees used in landscaping shall be native trees adapted to soil conditions on-site. 17. The developer shall contribute an $47.41 per vehicular trip. which equates to $134.834 ($47.41 X 2.844 trips) to be paid to the Ci_ty of Delray Beach at the time of issuance 0f building permits for the 300 unit residential development. The funds shall be placed into a Roadway Trust Fund by the City.. and transmitted to Palm Beach County. upon establishment by the County_ of a special purpose impact fee for the creation of additional interchange capacity, for Interstate 95 within the project's area of impact. Should Palm Beach Coun_ty decide not to establish such an impact fee. the funds shall be used by the City_ for roadway improvements within the impact area. 18. An analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard shall be submitted annually bY the developer, until the project is completed, which shall determine if a traffic signal at the intersection is warranted. If and when the intersection analyses show that a traffic signal is warranted, the signal shall be installed by the developer within three months of a directive by the City_ of Delray Beach. If the signal is not installed based on these analyses, then prior to issuance of the last Certificate of Occupancy for the residence/business hotel and the 300 rental apartments, the traffic signal shall be bonded l~y the developer. One year after issuance of the last Certificate of Occupancy. an intersection analysis shall be submitted by the developer. If a traffic signal is warranted, the bond will be utilized to install the traffic signal. If the traffic signal is not warranted, the bond will be returned to the developer. 19. An intersection analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard and capacity_ determination for S.W. 10th Avenue shall be submitted with each site plan for further development in Waterford Place. Based upon such analyses and when so determined by the City.. the developer shall improve the intersection and shall complete the four-lane section of S.W. 10th Avenue between Linton Boulevard and Lindell Boulevard. 20. Certificate of Occupancy shall be issued for the hotel prior to issuance of a final certificate of occupancy for the apartment complex. 21. Development of the hotel and 300 unit apartment complex shall be consistent with the Master Development Plan (MDP), and a full site plan application shall be submitted and reviewed by the Site Plan Review and Appearance Board which includes addressing the following Items: (a) The handicap accessibility shall be provided in compliance with ADA requirements; (b) The issues with regard to parking (i.e. parking reduction, tandem parking, and backout parking) shall be addressed with the full site plan submittal for the apartment complex; (c) Additional pedestrian ways shall be required on each side of the spine road, between the cul-de-sac (northeast comer), around the lake and to the recreational parcels; Page 7 of 8 Ord. No. 1-98 (d) Tot lot locations as well as the type of playground equipment must be provided on the plans. ~. That development shall be consistent with the Master Development Plan, and that a full site plan application be submitted and reviewed by the Site Plan Review and Appearance Board for all future development. Section 3. That all ordinances or parts of ordinances 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 to be declared invalid. Section 5. That this ordinance shall become effective upon the effective date of the resolution authorizing the abandonment of the Waterford/Delint DRI. PASSED AND ADOPTED in regular session on second and final reading on this day of January, 1998. MAYOR ATTEST: City Clerk First Reading Second Reading S:\adv\wtfd24 Page 8 of 8 Ord. No. 1-98 MEETING OF: DECEMBER 15, 1997 AGENDA ITEM: V.B. RECOMMENDATION TO THE CITY COMMISSION TO DETERMINE WHETHER A REQUEST TO ABANDON THE DRI STATUS OF WATERFORD PLACE SHOULD BE GRANTED, GRANTED WITH CONDITIONS, OR DENIED. V.B.1. RECOMMENDATION TO THE CITY COMMISSION TO AMEND THE SAD ORDINANCE FOR WATERFORD PLACE. I I ~ I IIIIII I II I II I IIIIIIIIII III I I II I I IIII II II III I II II I III I IIIIII I '1 '" · The items before the Board are: 1. Determining whether a request to abandon the Development of Regional Impact (DRI) status of Waterford Place should be granted, granted with conditions, or denied. 2. Amending the Special Activities District (SAD) zoning, adding any outstanding conditions from the DRI-DO, in addition to the development conditions already contained in the SAD. IIIIIIII Ill II I · On October 21, 1997 an application was received for abandonment of the DRI status of the Waterford Place project. Such applications are processed pursuant to state rules (9J-2 F.A.C.) as well as City regulations. Copies of the application were submitted by the developer to the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs. At its meeting of November 4, 1997, the City Commission set a schedule for public headngs to consider the application. Abandonment of the DRI status is requested as the currently approved project does not meet the thresholds to require regional review as a DRI. Such abandonment will not reduce the City's control over development of the project. A brief history of the project illustrates the changes made since its initial approval. V.B. & V.B.1. P&Z Board Memorandum Staff Report Waterford Place Page 2 In 1984/85, the Delint Development of Regional Impact (DRI) and associated rezoning to Special Activities District (SAD) were processed. The SAD was approved in October, 1984, by Ordinance No. 79-84. The DRI Development Order (DRI-DO) was approved on May 28, 1985 by Resolution No. 49-85. The approved project consisted of 811,763 square feet of office space, a 250 room hotel, and 236 multi-family residential units. Pursuant to State regulations, the size of the office component made the project a DRI, subject to regional and state review. On-site infrastructure for the office park portion of the project was constructed dudng the next two years. Several off-site road improvements required by the DRI-DO were also constructed dudng this time pedod, including the widening of Linton Blvd. and Congress Ave. In December, 1992, the SAD and DRI-DO were modified to delete the hotel and reduce the amount of office space, replacing them with 136,000 square feet of general retail (Builders Square). These action were taken via Ord. No. 64-92 and Resolution No. 132-92 respectively. The project was approved for 322,413 square feet of office space, 136,000 square feet of general retail (Builders Square), and 236 multi-family residential units. The project build-out date was cladfied to be June 30, 1996 via Resolution No. 10-95, which was approved in February, 1995. In September, 1995, the build-oUt date was further extended, via Resolution No. 60-95, to November 30, 1997. In May, 1996, the SAD and DRI-DO were modified to delete the remaining office space, replacing it with 300 residential units and a 78 room hotel. These actions were taken via Ord. No. 11-96 and Resolution No. 37-96. The project is now approved for 136,000 square feet of general retail (Builders Square), 536 multi-family residential units, and a 78 room hotel. As of December, 1997, the following is the status of the vadous project components: · 136,000 square feet of general retail have been completed. · 236 multi-family residential units have been completed. ° 300 multi-family residential units have received site plan approval, and received a recommendation for plat approval from the Planning and Zoning Board. · A 78 room hotel is approved as part of the Conceptual Master Plan, and has received a recommendation for plat approval from the Planning and Zoning Board, but still requires approval of the detailed site plan. ::,:.;.~.'.-'$'F' ~:F:;::::::~::~:::~:::::~:~::~>::::::~:~:~::~:::~:~?/~:~:~<~`~::::~:::>~::~:<8::~:~ '¢.:8~.::~:~.'..':.-':~':' ' : ' .'.:~:...~. ' .. ======================== ~:-~ ~"<.::.~.~:':':::::.~:::~.::~.::::~.>:.< ' :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: rTi'"'"'"i ............................... i"""'""['i ...................................... i;~i ............. "='"'='=i:i:ii='='=':'=ii'i'~=<'~i'i='='=''''' .............. i=i=i=i=~'='""~='='=?''''='''~ ................ '~='='=i='=':'='='"'"'"':<'"';'=i:i7;'=i:':':i=i"='='"'="i ................ =:¢=~'¢='='==="";~"='==:~'"='=~i',,, ........... ::::::::::::::::::::::::::::::::::::::::::: The process for addressing the request to abandon the DRI status will include the following: P&Z Board Memorandum Staff Report Waterford Place Page 3 · Consideration of a resolution to grant the abandonment request. If the determination is affirmative, the resolution will repeal the DRI development order (DRI-DO) in its entirety, and note that it is replaced by the Special Activities Distdct Ordinance (SAD). · An amendment to the SAD, adding any outstanding conditions from the DRI-DO, in addition to the development conditions already contained in the SAD. These outstanding conditions include: - Establishing a vegetated littoral zone and buffer from stormwater management lakes and canals. - Using native plants for at least 30% of landscaping. - Utilizing surface water as the primary source of irrigation. - Contributing to a roadway trust fund. - Traffic analyses and improvements related to the intersection of SW 10th Avenue/Lindell Boulevard. In making its determination, the Board needs to consider a number of items, as specified in the state's Rule 9J-2.0251, F.A.C. These items are analyzed below. 1. Eligibility for abandonment An approved DRI which after abandonment will be at or below 80% of any' applicable guideline identified in Rule 28-24 is eligible for abandonment of its DRI status. Waterford Place, as originally submitted, was found to be a DRI because it exceeded the threshold for office development. Since the office component has been deleted, the project no longer meets the thresholds to be a DRI. These thresholds, as relates to the components of Waterford, are as follows: Component Approved DRI Threshold % of Threshold Residential (units) 536 3,000 17.9 Retail (sf) 136,000 400,000 34.0 Hotel (rooms) 78 350 22.3 For a multi-use project, such as Waterford Place, an additional threshold applies. If the sum of the percentages of the thresholds for each use is equal to or greater than 160%, the project is a DRI. The sum of the percentages of the Waterford Place thresholds is 74.2%. Since 80% of 160% is 128%, the project after abandonment will also be less than 80% of the multi-use threshold. Therefore, the project is eligible for abandonment. P&Z Board Memorandum Staff Report Waterford Place Page 4 2. The developer's reason for seeking abandonment In the application, the developer states that, based on reductions in the project scope the resulting development no longer meets the thresholds of a DRI. Further, all of the conditions of approval of the development order (DRI-DO) are either completed or can easily be assimilated into the local development order (SAD). Staff review indicates these statements to be correct. 3. The types and amounts of development constructed. a. Infrastructure to serve the entire development, including off-site improvements, has been completed. b. Multi-family residential units, and 136,000 square feet of retail have been constructed. In addition, as stated in the Background section, 300 residential units and a 78 room hotel are in the approval process. 4. The types and amounts of impacts from the project's existing and proposed development to any resources, and existing and proposed facilities. a. The existing and proposed development will not create adverse impacts on natural resources, including surface water, ground water, wetlands, vegetative or animal communities. Performance standards in the Land Development Regulations (LDR), and in the conditions of the SAD, will continue to afford resource protection through completion of the project. b. Impacts to public facilities, including water, sewer and streets have been mitigated through completion of the conditions of development approval. Performance standards in the Land Development Regulations (LDR), and in the conditions of the ,SAD, will continue to address facility needs through completion of the project. 5. The extent to which the proposed abandonment will affect areas previously set aside or identified for preservation or protection. The areas set aside for preservation or protection are limited to the vegetated and functional littoral zone created as part of the surface water management system and drainage canals created as part of the development. These will continue to be protected by conditions of the SAD and the South Florida Water Management District permit. Therefore, abandonment of the DRI will have no adverse effect on preservation and protection. 6. The extent to which the developer has complied with conditions of the development order which authorize existing development. P&Z Board Memorandum Staff Report Waterford Place Page 5 The developer has fully complied with the conditions of the development order for construction to date. The SAD will contain conditions for the proposed development through completion of the project. 7. The extent to which the developer has relied upon benefits granted to authorized developments of regional impact which would not otherwise be available after abandonment. The developer has relied on the benefits granted to authorized DRI's to vest traffic volumes since the project was initially approved. The SAD also addresses vested traffic, containing a volume sufficient to complete the approved project. In addition, the project is vested under local regulations since 25% of the improvements (water, sewer, streets, etc.) are constructed. 8. The extent and types of impacts the abandonment will have on the local comprehensive plan and local government land development regulations. All impacts of the approved project, through its completion, have been addressed. Therefore, abandonment of the DRI will produce no impacts on the Comprehensive Plan and Land Development Regulations. 9. The extent to which the proposed development after abandonment will be inconsistent with the State Comprehensive Plan, the State Land Development Plan, or the appropriate Comprehensive Regional Policy Plan. The Waterford project, through completion, will continue to be consistent with the above plans after abandonment of the DRI status. The request for abandonment of the DRI status for Waterford Place has been reviewed by the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs. Both agencies have been notified of the City Commission Public Hearing and invited to comment. Both agencies have indicated that they have no objection to the abandonment. Waterford Place, as currently approved, no longer meets the thresholds of a DRI. The major infrastructure to serve the entire development, including off-site improvements, has been completed. The remaining development to complete the project will not create adverse impacts to natural resources or public facilities, and will not create regional impacts. Therefore, state and regional oversight of the project is no longer needed and the DRI status of the project may be abandoned. P&Z Board Memorandum Staff Report Waterford Place Page 6 Approval, or approval with conditions, will result in the issuance by the City of an amended DRI-DO, which includes findings of fact and conclusions of law, that either repeals the original DRI-DO in its entirety (including previous amendments), or repeals portions of the existing DRI-DO, and includes any appropriate additional conditions of abandonment. The resulting development order will contain conditions which require the developer to mitigate the impacts of all existing and proposed development, and to satisfy all applicable conditions of the existing development order with regard to existing and proposed development. Denial of the request will result in the issuance of a resolution affirming the continued effectiveness of the existing DRI-DO. i I A. Approve a recommendation to grant the request to abandon the DRI status of the Waterford Place project, and amend the SAD to add any outstanding conditions from the DRI-DO in addition to the development conditions already contained in the SAD. B. Deny the request to abandon the DRI status of the Waterford Place project, based on findings that continuing regional and state review are necessary to control the completion of development on the site. By separate motions: 1. Approve a recommendation to grant the request to abandon the DRI status of the Waterford Place project. 2. Approve a recommendation to amend the SAD, adding any outstanding conditions from the DRI-DO, in addition to the development conditions already contained in the SAD, as detailed in the attachment. S:\dv\wtfd22 PROPOSED AMENDMENTS TO THE WATERFORD PLACE SPECIAL ACTIVITIES DISTRICT Section 1. That Ordinance No. 79-84, as amended by Ordinances No. 96-87, 68-89,64-92, and 11-96, comprising the SAD Ordinance for the Waterford Place/Delint Development of Regional Impact (DRI), be and are hereby amended to incorporate the following: That the Waterford Place/Delint development is no longer a DRI, and that any unmet conditions of the DRI-DO are hereby incorporated into the SAD ordinance. Section 2. That development shall be consistent with the Master Development Plan, and that a full site plan application be submitted and reviewed by the Site Plan Review and Appearance Board for all future development. Section 3. That the conditions of approval in the SAD ordinance be amended as follows: That the development of the property described in Section I of Ordinance No. 79-84 shall also be in accordance with the following conditions: · . : /~-)----SA-n =:d M-riP .%".c-:~c=t:c: 1. The site data shown on the MDP shall be up-dated and corrected to reflect the resulting amount of floor area and acreage and parking accommodated in the entire proiect 2. The '~""'";*" *~'" ....... j or, .... residential portion shall contain no more than 536 units. ~'" nc 3_§. That the number to be used for establishing the vested traffic count for external trips shall be 10,111 trips. 'r~.,,,. ,~,.. · · .,,"~'"",.,, bo ,~,-,-'-,-,-4 ,~, ,-,,.+;..,. +.. ~, ..... ;,~...,..; · · , ;.,.~..,, :,.+,. ......° ~^, ~, Otb, ,.,..~, ...... ,~..~,.,..,, ............... ',s "'f/" ', ,', G ............ c ^ ........ ,,,,.,...; ..... ;,~,;,, ,~,,. ~^,,.,,.,.;...,~ o^n,nc,, The developer shall submit plans to de-emphasize Lindell Boulevard as a collector road with any site plan for further development of the Waterford Place project. Such plans shall address, among other altematives, the realiqnment of Lindell Boulevard into the 300 rental apartments and residence/business hotel component of Waterford Place. Designs to so de-emphasize traffic use on Lindell Boulevard may be required through site plan conditions. 5-1-2-. The developer recognizes that roadway improvements associated with the traffic generated from this project are subject to review with each new site plan consideration. Accordingly, the developer agrees to construct such additional on-site and off-site traffic improvements as may be required by the City Commission, pursuant to the City's Land Development Regulations, at the time of site and development plan approval. 6-1-~. The developer acknowledges that the east accessway to retail use is a temporary condition and that if it later becomes necessary to alter it, the improvements may need to be totally redesigned, removed, and reconstructed including the necessity to replat the access tract which is now being created. Further, the improvements shall comply with geometric and construction standards of the City for a street but shall not need to comply with full cross-section requirements i.e. right-of-way, two sidewalks, swale drainage. 7-1-6. The developer shall provide pedestrian ways to the intersection of S.W. 10th Avenue and Lindell Boulevard, and to Delray Crossings from the retail use. The requirement of providing pedestrian ways to Delray Crossings is acknowledged to be a requirement of the City and shall not be considered a sharing of infrastructure, pursuant to Chapter 380, Florida Statutes. 8 4.8. The developer shall continue the landscape concept which is found along Circuit City for the length of the Waterford frontage along 1-95. 9.2-% That SPRAB consider special, off-site screening to be located within Waterford Village, or on other portions of the project Q~se-l:Za~, in order to mitigate inappropriate visual effects of the retail use facility from the apartment complex. 10 · ,~,~,, DRw n~, ,-,~...,~;,;~.,. #7 '"'~'""~' · .hc '~'"; ....... ;, ,..,.,~;r,,.,.,;.,,.,. The developer shall provide and maintain a buffer zone of native upland edge veqetation around wetland and deepwater habitats which are constructed on-site in accordance with the followinq provision. The buffer zone may consist of preserved or planted vegetation but shall include canopy, understory and ground cover of native species only· The edqe habitat shall begin at the upland limit of any wetland or deepwater habitat and shall include a total area of at least 10 square feet per linear foot of wetland or deepwater habitat perimeter. This upland edqe habitat shall be located such that no less than 50 percent of the total shoreline is buffered by a minimum width of 10 feet of upland habitat. 11 ;~3. Modifications to the existing SFWMD permit shall be received and reviewed to insure compatibility with the approved site plan prior to issuance of building permits. If inconsistencies arise, modifications shall be approved through the site plan modification process with action by SPRAB when Board action is required. 1--224. Conflicts among the site and development plans (site plan, landscape plans, engineering plans) and changes thereto which may be necessary to accommodate the proposed gravity sewer system shall be resolved in favor of the landscape plans and site plan. 1_~3 2-6. The developer shall extend the pedestrian path in the residential area from that area into, and through, the balance of the proiect "~' ..... ~' in accordance with the standards of the City Engineer. 14. The developer.shall establish a vegetated and functional littoral zone as part of the surface water management system and drainage canals occurrinq on the property. Prior to construction of the surface water mana.qement system for any phase of the project, the developer shall prepare a desiqn and manaqement plan for the wetland/littoral zone that will be developed as part of that system. The plan shall: 1) include typical cross sections of the surface water management system showing the average water elevation and the -3 foot contour (i.e. below average elevation); 2) specify how vegetation is to be established within this zpne, including the extent, method, type and timing of any planting to be provided; and 3) provide a description of any management procedures to be followed in order to assure the continued viability an.d health of the littoral zone. The littoral zone as established shall consist entirely of native vegetation and shall be maintained permanently as part of the water management system. As a minimum, 10 square feet of vegetated littoral zone per linear foot of lake shoreline shall be established as part of the surface water management system. The plan shall be subject to approval by the City. of Delray Beach and South Flodda Water Management Distdct pdor to beginning any excavation activity. The plan shall be implemented and work.inspected no later than 18 months after the lakes are excavated. 15. The pdmary source of irrigation water shall be the surface water management system of lakes. In no case shall irriqation water be derived from municipal potable water sources. 16. At least 30 percent of the landscaped areas on-site, excluding rights-of- way, building courtyard areas and planting boxes which abut buildings shall be comprised of native vegetation. The location of veqetation areas shall be such that the watedng and fertilization of non-native areas does not inhibit the management of the native vegetation areas in a healthy state. Fifty percent of the trees used in landscaping shall be native trees adapted to soil conditions on- site. 17. The developer shall contribute an $47.41 per vehicular trip, which equates to. $134,834 ($47.41 X 2,844 tdps) to be paid to the City of Delray Beach at the time of issuance of building permits for the 300 unit residential development.- The funds shall be placed into a Roadway Trust Fund by the City, and transmitted to Palm Beach County upon establishment by the County of a ~.pecial purpose impact fee for the creation of additional interchange capacity for Ipterstate 95 within the proiect's area of impact. Should Palm Beach County decide not to establish such an impact fee, the funds shall be used by the City for roadway improvements within the impact area. .18. An analysis of the intersection of S.W. 10th Avenue/Li.ndell Boulevard shall be submitted annually by the developer, until the proiect is completed, which shall determine if a traffic signal at the. intersection is warranted. If and when the intersection analyses show that a traffic signal is warranted, the signal shall be installed by the developer within three months of a directive by the City of Delray Beach. If the signal is not installed based on these analyses, then pdor to issuance of the last Certificate of Occupancy for the residence/business hotel and the 300 rental apartments, the traffic signal shall be bonded by the developer. One year after issuance of the last Certificate of Occupancy, an intersection analysis shall be submitted by the developer. If a traffic signal is warranted, the bond will be utilized to install the traffic signal. If the traffic signal is not warranted, the bond will be returned to the developer. 19. An intersection analysis of the intersection of S.W. 10th Avenue/Lindell Boulevard and capacity_ determination for S.W. 10th Avenue shall be submitted with each site plan for further development in Waterford Place. Based upon such analyses and when so.. determined by the City, the developer shall improve the intersection and shall complete the four-lane section of S.W. 10th Avenue between Linton Boulevard and Lindell Boulevard. 20. Certificate of Occupancy shall be issued for the hotel prior to issuance of a final certificate of occupancy for the apartment complex. 21. Development of the hotel and 300 unit apartment complex shall be consistent with the Master Development Plan (MDP), and a full site plan application shall be submitted and reviewed by the Site Plan Review and Appearance Board which includes addressing the following Items: (a) The handicap accessibility shall be provided in compliance with ADA requirements; (b) The issues with regard to parking (i.e. parking reduction, tandem parking, and backout parking) shall be addressed with the full site plan submittal for the apartment complex; (c) Additional pedestrian ways shall be required on each side of the spine road, between the cul-de-sac (northeast comer), around the lake and to the recreational parcels; (d) Tot lot locations as well as the type of playground equipment must be provided on the plans. S:~adv\wtfd23 *** A M E N D E D *** MEMORANDUM TO: MAyoR AND CITY COMMISSIONERS FROM: CITY MANAGER ~.~/ SUBJECT: AGENDA ITEM # /~- REGULAR MEETING OF JANUARY 6, 1998 ORDINANCE NO. 2 -98 (AMENDMENTS TO THE COMMIINI TY REDEVELOPMENT PLAN) DATE: JANUARY 6, 1998 Included in your agenda backup on Friday were two large booklets intended to serve as Exhibit "A" to Ordinance No. 2-98. One of the booklets is entitled "Community Redevelopment Plan"; the other "West Atlantic Avenue Redevelopment Plan". Both documents were proposed to be adopted via Ordinance No. 2-98. The City Attorney, CRA Counsel and the CRA Executive Director have discussed the matter further and recommend that Ordinance 2-98 be limited to the amended Community Redevelopment Plan as it is the controlling document for the entire redevelopment area. The West Atlantic Avenue Redevelopment Plan is a sub-document to the Community Redevelopment Plan. It was adopted in July, 1995, by motion of the City Commission, not by ordinance. Therefore, it is recommended that Item 12.B. on tonight's agenda (consideration of Ordinance 2-98 on first reading) be amended to include only the Community Redevelopment Plan. The amended West Atlantic Avenue Redevelopment Plan will be presented for adoption by resolution on January 20, 1998, in conjunction with second and final reading of Ordinance No. 2-98. ref:agmemo24 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #/~- REGULAR MEETING OF JANUARY 6, 1998 ORDINANCE NO. 2-98 (AMENDMENTS TO THE COMMUNITY REDEVELOPMENT PLAN) DATE: JANUARY 2, 1998 This is first reading for Ordinance No. 2-98 which amends the Redevelopment Plan of the Community Redevelopment Agency, including the Sub Area Plan for West Atlantic Avenue. The proposed changes are summarized in the attached memorandum from Chris Brown, CRA Executive Director. Also attached is a memorandum from the Planning Director indicating that the Planning and Zoning Board considered the proposed changes to the Redevelopment Plan and recommended approval. Likewise, the CRA Board and the West Atlantic Redevelopment Coalition have also approved the revised plan. Exhibit "A" to the ordinance consists of the two large booklets that have been provided separately with your agenda. Recommend approval of Ordinance No. 2-98 on first reading. If passed, a public hearing will be scheduled for January 20, 1998. ref:agmemo24 ORDINANCE NO. 2-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6) (7); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified "'and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92; and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92; and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and as further ratified and amended on September 5, 1995, by Ordinance No. 48-95; and as further ratified and amended on March 5, 1996, by Ordinance No. 8-96; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "CR3k", has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said Plan to account for certain changes which have occurred since the last amendment of the Plan, to account for modification or completion of project components, and to provide for the addition of a new program to the Plan; and WHEREAS, the CRA of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach, Florida, that the Community Redevelopment Plan be modified, amended and ratified in the form attached hereto as Exhibit "A"; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications conform to the Community Redevelopment Act of 1969, as amended; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications are consistent with the City of Delray Beach's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications meet the applicable requirements of Section 163.360(6)(7), Florida Statutes; and WHEREAS, the City Commission shall hold a public hearing on said modifications to the Plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incorporated by reference herein, as findings of fact upon which this ordinance is based. Section 2. That the Community Redevelopment Plan for the City of Delray Beach be, and the same is hereby modified, amended and ratified in the form attached hereto as Exhibit "A" and made a part hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Ord. No. 2-98 Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and 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 , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 2-98 Community Redevelopment Agency Delray Beach January 2, 1998 David T. Harden, City Manager City of Delray Beach 100 N. W. First Avenue Delray Beach, FL 33444 Re: Brief Summary of the Changes to the Redevelopment Plan of the Community Redevelopment Agency of the City of Delray Beach ("CRA") and the Sub Area Plan for West Atlantic Avenue. Dear Mr. Harden: Please find enclosed the proposed Redevelopment Plan of the CRA for your review and for the review and approval by the City Commission. Briefly the plan has been updated to include changes reflecting events that have occurred over the past two years. In addition we have added several new redevelopment programs and have amended one important one, all related to our focus in the redevelopment of West Atlantic Avenue. You will note that the proposed plan's changes are noted by the symbols of"¢ross-out" (for the elimination of words) and "shading" (for the inclusion of words). The following summarizes program changes: 1. Mount Olive Redevelopment is an existing program that has been expanded to include additional land acquisition on Block 36, the block between NW 3rd Avenue and NW 4th Avenue. The concept is to cooperate with two churches, Mr. Olive and House of God to expand their campuses and at the same time redevelop the frontage on West Atlantic into a mixed use project. See page 4.23. 2. Block #61 (Atlantic Avenue Frontage) is being eliminated as a program. The block is being developed privately. See Page 4.28. 3. George Bush Boulevard and Federal/Dixie Redevelopment is being slightly expanded to include an additional property for acquisition and to encourage the beautification of this important intersection. See Page 4.30. 4. Block #13 Redevelopment is a new program to encourage redevelopment of the block on West Atlantic Avenue between SW 6th Avenue and SW 7th Avenue. See page 4.31 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640/Fax (561) 276-8558 5. West Settler's Historic District Redevelopment is a new program tailored to enhance the recent creation of an historic district by the City. The CRA will buy vacant lots in the district and encourage a higher standard affordable house program, one that is sensitive to the historic quality of the neighborhood. Secondly the CRA under this program is able to assist EPOCH and the establishment of the Solomon D. Spady Historic Museum. See page 4.32. 6. Block #12 Redevelopment is a new program to encourage redevelopment of the block on West Atlantic Avenue between NW 6th Avenue and NW 7th Avenue. See page 4.31. In addition we are transmitting the first amendment to the West Atlantic Redevelopment Plan. The changes in this plan include the inclusion of marketing data, a color chart for the exterior of structures, the inclusion of an analysis of each block, the acknowledgment that certain actions have taken place since the original adoption of the plan, the inclusion of photographs and illustrations, a street beautification program, recommendations for short term and long term acquisition of property by the CRA and numerous other recommendations. The West Atlantic Plan serves as a more in-depth study for the CRA and the CRA Redevelopment Plan reflects those recommendations. We appr~iate your support and look forward to working with you in this important endeavor. Executive Director encl. PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: ALISON HARTY, CITY CLERK FROM: DIANE DOMINGUEZ, P & Z DIRECTOR DATE: JANUARY 2, 1998 RE: COMMUNITY REDEVELOPMENT PLAN Per your request, the following information is provided regarding the Planning and Zoning Board's recommendation on the revisions to the CRA plan. · On November 17, 1997, the P & Z Board considered the proposed changes to the plan, and unanimously recommended approval. · On December 15, 1997, an additional amendment dealing specifically with the redevelopment of the block between S.W. 8th and 9th Avenues (south side) was considered. The Board also recommended approval of that amendment. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ORDINANCE NO. 3-98 (EMERGENCY MEDICAL TRANSPORTATION FEES) DATE: JANUARY 2, 1998 This is first reading for Ordinance No. 3-98 which amends Section 96.66 of the City Code by adjusting the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge (I.I.C.) for 1998. The Fire Department has been notified that the I.I.C. for 1998, applicable to Medicare services and fee schedules, will be a 2.1% increase. To stay within the Medicare allowances, the following increases are recommended: From To Advanced Life Support $290.00 $296.00 Basic Life Support $215.00 $215.00' Mileage Fee $5.30/mile $6.00/mile *No increase is recommended for the Basic Life Support transport fee since the current fee of $215.00 is near the top range in comparison with other Emergency Medical Service agencies in the area. The increase will be retroactive to January 1, 1998. Recommend approval of Ordinance No. 3-98 on first reading. If passed, a public hearing will be scheduled for January 20, 1998. ref:agmemol8 ORDINANCE NO. 3-98 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES" SUBSECTION 96.66(A), TO REVISE THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE INFLATION INDEX CHARGE FOR 1998; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5-95, which enacted a new Section 96.66 of the City Code to provide for emergency medical transportation fees; and WHEREAS, pursuant to Section 96.66(B) of the City Code, the City Commission may adjust fees annually pursuant to the Inflation Index Charge (I.I.C.) which is used by Medicare to determine appropriate fee changes; and WHEREAS, the City Commission has been notified that the Inflation Index Charge (I.I.C.) for 1998, applicable to Medicare services and fee schedules, will be a 2.1% increase. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: That Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (A) The following service charges or fees are levied for provision of emergency medical transportation: (1) Advanced Life Support transportation fee ~9~ $296.00 (2) Basic Life Support transportation fee $215.00 $215.00 (3) Mileage fee ~//~/~/~I~ $6.00/mile 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 work 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 as of January 1, 1998. PASSED AND ADOPTED in regular session on second and final reading on this the day of . , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading 2 Ord. No. 3-98 THRU: DIANE DOMINGUEZ, P&Z DIRECTOR FROM: JEFFREY A. COSTELLO, SENIOR PLANNER ~-..~ SUBJECT: MEETING OF JANUARY 6, 1998 LI3R AMENDMENT TO REDUCE THE MINIMUM FLOOR AREA PER TENANT OR BAY IN THE LI (LIGHT INDUSTRIAL) ZONE DISTRICT. The action before the City Commission is that of approval of an amendment to LDR Section 4.4.26(H)(3)(Special District Regulations), to reduce the minimum floor area allocated per tenant or bay from 4,000 sq.ft, to 2,000 sq.ft., in the LI zone district. An amendment to the LI zone district regulations has been requested by Frank Scaltrito, owner of a vacant parcel of land located at the southeast corner of S.W. 7th Street and S.W. 15th Avenue, within the LI zone district. The applicant states that the requirement to provide a minimum tenant or bay size of 4,000 sq.ft, as outlined in LDR Section 4.4.26(H)(3) is onerous, as the norm for industrial properties calls for floor areas of 1,500 to 2,000 sq.ft. Additional background and analysis is found in the attached Planning and Zoning Board Staff Report. At its meeting of December 15, 1997, the Planning and Zoning Board held a public hearing regarding the proposed amendment. There was no public testimony regarding the request. The Board voted 6-0 (Eliopoulos absent) to recommend approval of the text amendment based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. By motion, approve on first reading an amendment to LDR Section 4.4.26(H)(3)(Special District Regulations), to reduce the minimum floor area allocated per tenant or bay from 4,000 sq.ft, to 2,000 sq.ft., in the LI zone district, based upon a positive finding with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. / Attachment: ?~ ~- / · P & Z Board Staff Report and Documentation of December 15, 1997 L,"//~£. ~n~J?~ · Ordinance By Others I,e.D. ORDINANCE NO. 4-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT INDUSTRIAL (LI) DISTRICT" OF THE LAND DEVELOPMENT REGULATIONS OF THE ~ITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4o26(H), "SPECIAL DISTRICT REGULATIONS", SUBPARAGRAPH 4.4.26(H) (3), TO REDUCE THE MINIMUM FLOOR AREA ALLOCATED PER TENANT OR BAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on December 15, 1997, and forwarded the change with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26(H), "Special District Regulations", subparagraph 4.4.26(H) (3), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.4.26 Light Industrial (LI) District: (H) Special District Regulations: The following regulations apply on property zoned LI. (3) A minimum floor area of at least ~J~ ~,000 sq.ft. per tenant or bay shall be provided with the exception of office (business) uses. 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 its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 4-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM #/~- REGULAR MEETING OF JANUARY 6, 1998 ORDINANCE NO. 5-98 (DRIVEWAY AND SIDEWALK CONSTRUCTION REQUIREMENTS ) DATE: JANUARY 2, 1998 This is first reading for Ordinance No. 5-98 which amends LDR Sections 6.1.3(C), "Sidewalk Construction Requirements", and Section 6.1.4(C), "Driveway Construction Requirements", to provide for the use of alternative surface types when approved by the City Engineer. It also adds language that clarifies what material the City is obligated to replace within the right-of-way in the event the City has to do maintenance work. The Planning and Zoning Board considered the text amendments at a public hearing on December 15, 1997, and voted unanimously to recomme~.approval with modified language as to the use of loose stone on private property only. Recommend approval of Ordinance No. 5-98 on first reading. If passed, a public hearing will be scheduled for January 20, 1998. ref:agmemo23 [lTV OF DELRI ¥ CiTYATTORNE~';$OFi:tC'~ "~. ..... ~ ~ .... : ~" ~ '" : .... ; "- '" Wrilcr's ])ir~cl ],inc: (.Sdl) 243-7091 DELRAY BEACH ll[A~rica City M E M ORA N D U M ~; DATE: December 30, 1997 1993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendment to "Garbage and Trash" Ordinance BFI has requested an amendment to the Franchise Agreement in order to allow them to collect bulk trash on either the first or second refuse collection day and not solely on the first refi~se collection day. In order to approve this amendment to the Franchise Agreement the Garbage and Trash Ordinance, Section 51.23, must also be amended to reflect this change. By copy of this memorandum to David Harden, City Manager, our office requests that this Amendment to Chapter 51 of the Code of Ordinances be placed on the January 6, 1998 City Commission agenda for first reading. Please call if you have any questions. Attachment cc: David Harden, City Manager Alison MacGregor Harry, City Clerk Joe Safford, Finance Director Lula Butler, Director of Community Improvement ORDINANCE NO. 6-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.23, "BULK TRASH", TO PROVIDE BULK TRASH MAY BE COLLECTED ON EITHER THE FIRST OR SECOND REFUSE COLLECTION DAY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to allow the Contractor the ability to collect bulk trash on either the first or second refuse collection day of the week in order to provide better service to the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 51, "Garbage and Trash", Section 51.23, "Bulk Trash", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.23 BULK TRASH. (A) Bulk trash shall be collected from residences within the City no more than once per week. The bulk trash pickup day shall coincide with the first or second refuse collection day, which shall be a Monday/Thursday, Tuesday/Friday or Wednesday/Saturday of each week. (B) At the request of the City or at the request of a resident, the Contractor shall collect bulk trash on a day other than the regular scheduled collection day at a cost to the resident equal to $22.00 per cubic yard. The Contractor shall collect the entire cost of this additional special collection from the resident in advance of this additional collection service. However, if the City requests the pickup and the Contractor is unable to collect payment from the resident, then the Contractor shall collect the bulk trash and the resident shall be billed by the City for the extra charge. When payment is made to the City for the extra charge then that amount shall be forwarded to the Contractor. Upon receipt of payment by the resident, the Contractor shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between the Contractor and the resident regarding the amount of trash collected, the charge or liability of the resident for the additional collection services shall be submitted to the City Manager for resolution. The decision of the City Manager as to the amount of the charge shall be binding upon the Contractor and the resident. (C) Furniture and appliances shall not be placed at curbside except as herein stated. Upon request, the City may collect normal household discarded furniture or appliances, including, but not limited to, sofas, chairs, beds, refrigerators, washers, dryers, hot water heaters and similar items. Residents, including tenants or lessees, requesting this service of the City will be given a date when collection will occur. Items for collection shall be placed at curbside no earlier than 5:00 p.m. on the day preceding the scheduled collection. (D) It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator or container with a locking device unless the door has been removed. This prohibition shall not apply to any appliance, refrigerator or container at a commercial establishment which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to an extent that it is impossible for a child to obtain access to any airtight compartment thereof. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 6-98 (:lTV DF DELRI:I¥ BEri[K CITY ATTORNEY'S OFFICE : '"": "~'~:":~' "~'-~"" '~:"' "°~?~"'~" .FACSih!;L~. 497 27'~-,755 'Wrilcr'~ Direct l,inc: (561) 243-7091 DE~RAY 8EACH ll~ca Ci~ M E M ORA N D U M ~l[[~llll[ DATE: December 15, 1997 ~ 99~ TO: City Commission ~ FROM: Brian Shmt, Assistant City Attorney SUBJECT: Change in Public Se~ice Tax Ordinance On May 30, 1997 HB No. 1275 became law. This bill revised the record keeping requirements and procedures that municipalities and sellers of utilities must comply with. The enactment of this statute requires the City to make changes in Chapter 50 of its Code of Ordinances. The statute primarily addresses changes in time periods for adopting or le~ing a public service tax, inibrmation required lo be gathered and stored by the municipality and by the seller of utility semices, auditing procedures, and administrative procedures. By copy oCthis memorandum to David Harden, City Manager, our office requests that this ordinance be placed on the Janum~ 0, 1998 City Comnfission agenda. Please call if you have any questions. Attachment cc: David Harden, City Manager Alison MacGregor Harry, City Clerk Joe Safford, Finance Director ORDINANCE NO. 7-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELP, AY BEACH, FLORIDA, AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 50.15, "LEVY OF TAX", AND SECTION 50.18, "RECORDS REQUIRED; RIGHT TO INSPECT", TO COMPLY WITH CHANGES MADE IN THE STATE LAW REGARDING TAXATION OF TELECOMMUNICATION SERVICES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach is authorized by state and local law to levy a tax on telecommunication services; and WHEREAS, the State has amended the statute governing the levy of taxes on telecommunication services; and WHEREAS, the City Commission of the City of Delray Beach desires to conform its ordinances to Chapter 97-233 of the Laws of Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 50, "Utilities Generally; Public Service Tax", Section 50.15, "Levy of Tax", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 50.15 LEVY OF TAX. (A) Electricity and Gas. (1) (a) The City hereby levies a tax on the purchase of electricity and metered or bottled gas (natural liquefied petroleum gas or manufactured). The tax shall be levied only upon purchases within the City in the amount of 8.7% of the payments received by the seller of the taxable item from the purchaser for the purchase of metered or bottled gas (natural liquefied petroleum gas or manufactured), and in the amount of 9.7% of the payments received by the seller of the taxable item from the purchaser for the purchase of electricity. (b) For each residential dwelling unit, the first 90 kilowatt hours of electricity purchased each month for residential use shall be exempt from the tax levied by this subsection. (c) This tax shall not be applied against any fuel adjustment charge, and such charge shall be separately stated on each bill. The term "FUEL ADJUSTMENT CHARGE" means all increases in the cost of utility services to the ultimate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973. (d) This tax shall in every case be paid by the purchaser, for the use of the City, to the seller of such electricity or gas at the time of paying the charges therefor to the seller thereof, but not less often than monthly. (2) To the extent such sums are not otherwise required to meet current or future utility tax certificate bond covenants, and/or debt service on same, that portion of the revenues attributable to the increase in the tax from 7.5% to 8.7% shall be transferred monthly to the City of Delray Beach Beautification Program, to be used for capital and operating expenses incurred in projects for the beautification of the public rights-of-way within the City and the maintenance of such beautification projects. Any revenues transferred to such Fund in excess of Fund expenditures in any fiscal year shall be retained and reappropriated in the Fund in the next fiscal year, such use being subject to the prior lien enjoyed by the holders of outstanding and future parity obligations of the City secured by the utility services tax of the city. (3) Services competitive with those enumerated in division (A) (1) above or in division (B) shall be taxed on a comparable base at the same rates. However, because this City imposes a tax which is less than the maximum rate of 10% allowable by F.S. Section 166.231(1), the maximum tax on fuel oil shall bear the same proportion to $.04 per gallon which the tax rate of 8.7% levied under division (A) (1) (a) bears to the maximum rate of 10% allowable by F.S. Section 166.231(1). (4) The purchase of natural gas or fuel oil by a public or private utility, either for resale or for use as fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines is exempt from taxation hereunder. (5) The City hereby exempts from taxation hereunder the purchase of the taxable items by the United States Government, this state, and all counties, school districts, and municipalities of the state, and by public bodies exempted by law or court order, or any other public body as defined in F.S. Section 1.01 and shall exempt purchases by any recognized church in this state for use exclusively for church purposes. - 2 - Ord. No. 7-98 (6) The tax authorized hereunder shall be collected by the seller of the taxable item from the purchaser at the time of the payment for such service. The seller shall remit the taxes collected to the City in the manner prescribed by this subchapter and by F.S. Section 166.231(7). ?elecommunications Services. (1) Definitions. ~or purposes of this division (~), the (a) "PURCHASE." Every act or transaction whereby possession or utilization of, or control over taxable telecommunications services become vested in the purchaser within the City for which payment is made pursuant to a duty and obligation therefor. However, such term shall not pertain to, nor include any such act or transaction when undertaken or performed by an agency or instrumentality of the United States Government, the State of Florida, the county, a municipality, by public bodies exempted by law or court order, or a recognized church in the state if used exclusively for church purposes; nor shall such term apply to purchases of local telephone service or other telecommunication service for use in the conduct of a telecommunications service for hire or otherwise for resale. (b) "PURCHASER." Every person legally liable for the payment of taxable telecommunication services rendered to him by a seller, unless such person is an agency or instrumentality of the United States Government, the State of Florida, the county, a municipality, a public body exempted by law or court order, or a recognized church in this state using taxable telecommunication services exclusively for church purposes, or a purchaser of local telephone service or other telecommunication services for use in the conduct of a telecommunication service for hire or otherwise for resale. (c) "PURCHASE WITHIN THE CITY." A purchase is within the City if the communication originates or terminates within the City and is billed to a purchaser, telephone or telephone number, or telecommunications number or device within the City. - 3 - Ord. No. 7-98 (d) "SELLER." Every person rendering taxable telecommunications services to any purchaser thereof. (e) "TAXABLE TELECOMMUNICATION SERVICES." Purchases within the City of telecommunication services which originate and terminate in this state. However, if the location of origination and termination of telecommunication service cannot be determined as part of the billinq Drocess, the taxable telecommunication service shall be the total amount billed to a telephone or telephone number, telecommunication number or device, a service address or a customer's billing address located within the City. Such taxable telecommunication services shall not include public telephone charges collected on site, charges for any foreign exchange service or any private line service except when such services are used or sold as a substitute for any telephone company switch service or dedicated facility by which a telephone company provides a communication path, access charges, and any customer access line charges paid to a local telephone company. Purchases within the City of telecommunication services as defined in F.S. Section 203.012(5) (b) shall be taxed only on the monthly recurring customer service charges, excluding variable usage charges. (2) Levy of Tax. There is hereby levied and imposed by the City, upon every purchase in the City of taxable communications ~ services and competitive services, a public service tax which shall be determined as follows: a) The tax shall be levied only upon purchases within the City in the amount of seven percent (7%) of the payments received by the seller of the taxable telecommunications services from the purchaser for the purchase of such service within the City. Services competitive with those enumerated above shall be taxed on a comparable base at the same rates. (b) When the seller, in accordance with its rules and regulations, renders a bill to the purchaser to cover purchases made during the period of time to which the bill is applicable, the amount of public service tax shall be exclusive of governmental charges and taxes shown on such purchases for the total amount. (c) The seller is required and it shall be his duty to render to the purchaser bills covering all such purchases made. The amount of such public ~~ service tax shall be entered and shown by the seller as a separate item on each such bill and shall become due and payable to the City whenever the bill becomes due and payable under the rules and regulations of the seller, provided and to the extent that such bills are subsequently paid. - 4 - Ord. No. 7-98 (d) The purchaser is required and it shall be his duty to pay such public ~~ service tax to the seller as agent for the City at the time of the payment of each such bill. The seller is hereby authorized and required and it shall be his duty to collect such public ~~ service tax from the purchaser at the time of the payment of each bill and to remit the same to the Finance Department of the City in accordance with the provisions hereinafter stated. (3) Exemptions. Purchases of the taxable telecommunications services by the United States Government, the State of Florida, the county, a municipality, school districts, by public bodies exempted by law or court order, any recognized church in this state if used exclusively for church purposes, and purchases of local telephone service or other telecommunication service for use in the conduct of a telecommunication service for hire or otherwise for resale are exempt from taxation under the terms of this division (B). (4) Seller Compensation. For the purpose of compensating the seller of taxable telecommunications services, such seller shall be allowed one percent (1%) of the amount of the tax collected for such taxable telecommunication services and due to the City in the form of a deduction from the amount collected for remittance. The deduction is allowed as compensation for the keeping of records, collection of the tax, and remitting the tax. (5) Remittance of Tax to the City by Seller. Every seller is hereby required to execute and file not later than the twentieth day of each calendar month of the year at the office of the Finance Department of the City a statement setting forth the amount of the public ~l~ service tax on taxable telecommunication services to which the City became entitled under the provisions hereof an account of bills paid by purchasers during the preceding fiscal month, and contemporaneously with the filing of such statements, shall pay the amount of such public ~~ service tax on taxable telecommunications services to the Finance Department of the City. (6) Records to be Kept. Every seller is hereby required to establish and maintain appropriate accounts and records of the tax herein imposed as prescribed and required by the Federal Communications Commission and the Public Service Commission. The City may audit the records of any provider of telecommunications service taxable by the City~/~/~/~~/~/~~/~/~ - 5 - Ord. No. 7-98 However, notwithstanding the provisions of F.S. Section 119.%~07(1), any information received by the City in connection with such an audit shall be confidential and not subject to the Open Government Sunset Review Act in accordance with F.S. Section 119.~07(1). (7) Beautification Program. That portion of the revenues which would have been attributable to any increase from 7.5% to 8.7% in the utility tax on local telephone service previously provided in division (A) of this section shall be earmarked and transferred monthly to the City Beautification Program, to be utilized for the purposes set forth in division (A) (2) of this section. Section 2. That Title V, "Public Works", Chapter 50, "Utilities Generally; Public Service Tax", Section 50.18, "Records Required; Right to Inspect", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 50.18 RECORDS REQUIRED; PROCEDURES FOR INFORMING SELLRRS OF TAX LEVIES; ADMINISTRATIVE PROVISIONS; RIGHT TO INSPECT. - 6 - Ord. No. 7-98 Ail records required to be kept by the City and seller(s/ and the riqht to inspect such records shall be qoverned by the provisions of F.S. Sections 166.233 and 166.234. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading 7 - Ord. No. 7-98