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05-19-98 Regular DELR41 BEACH llI-AmericaCity MAY 19, 1998 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. I I ~I~ 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. Gener&lly, remarks by an individual will be limited to ~hree 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. 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 May 5, 1998 Special Meeting of May 12, 1998 6. Proclamations: A. National Community Action Month - May 1998 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. A. RESOLUTION NO. 32-98: Approve a resolution vacating and abandoning an unimproved north/south alley lying within Block 129, Town of Delray, located on the south side of N.E. 4th Street, between N.E. 8th Avenue and Palm Trail, based upon positive findings. B. RESOLUTION NO. 33-98: Approve a resolution amending Resolution No. 88-97, as amended by Resolution No. 10-98, by amending Section 3 pertaining to membership composition to include a representative from the Chamber of Commerce on the Parking Management Advisory Board. C. RESOLUTION NO. 34-98: Approve a resolution requesting that the Florida Department of Transportation address unsafe traffic conditions at the intersection of West Atlantic Avenue and N.W./S.W. 4th Avenue, and encouraging FDOT to favorably consider the installation of a traffic signal and/or alternative traffic modifications to said intersection. D. FINAL PLAT APPROVAL/BORTON MOTORS: Approve the final boundary plat for Borton Motors, a commercial subdivision located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue. Regular Commission Meeting May 19, 1998 E. FINAL PLAT APPROVAL/CITATION CLUB REPLAT: Approve the final plat for the Citation Club Replat, a replat of the Citation Club plat recorded in Plat Book 76 at Page 181, in order to accommodate a land swap between the Citation Club and Hammock Reserve. The property is located on the east side of Military Trail, south of Linton Boulevard. F. RIGHT OF ENTRY AND LICENSE AGREEMENT FOR SIDEWALK CONSTRUCTION/ OCEAN PLACE CONDOMINIUM: Approve a right of entry and license agreement with Ocean Place Condominium. to accommodate the construction of a sidewalk within the State Road AIA right-of-way adjacent to Ocean Place Condominium at 120 South Ocean Boulevard. G. ACCEPTANCE OF EASEMENT DEED FROM MONNIER FOR UTILITY CONNECTION: Accept an easement deed from Eugene H. Monnier, Jr. and Jean E. Monnier to accommodate construction of utilities as part of the Morikami wellfield development settlement agreement. ACCEPTANCE OF EASEMENT DEED AND RIGHT OF ENTRY AND LICENSE AGREEMENT WITH FLANAGAN/BERMUDA GARDENS ROAD: Accept an easement deed for a ten foot utility easement from Dr. Robert Flanagan, and approve a right of entry and license agreement with Dr. Flanagan, 1035 Bermuda Gardens Road, to facilitate completion of the Bermuda Gardens Road water and sewer improvements project. I. AGREEMENT WITH BELL SOUTH FOR PROVISION OF FRAME RELAY SERVICE: Approve an agreement between the City and BellSouth Telecommunications, Inc. for BellSouth to provide and maintain a frame relay service to accommodate a high speed communications link for mobile communications with Police vehicles and internet access for the City computer network. J. PALM BEACH COUNTY WORKFORCE DEVELOPMENT BOARD SUMMER PROGRAM AGREEMENT: Approve a Worksite Agreement for Work Experience with the Palm Beach County Workforce Development Board for the Summer Youth Employment and Training Program, for the period June 22 through August 14, 1998. K. CONTRACT ADDITION/AOUIFER MAINTENANCE & PERFORMANCE SYSTEMS: Approve a contract addition in the amount of $30,000 with Aquifer Maintenance & Performance Systems, Inc. (AMPS) to increase the annual budget amount for well rehabilitation and replacement from $30,000 to $60,000.00, with funding from 442-5178-536-61.82 (R&R - Well Rehabilitation and Replacement). L. PURCHASE APPROVAL/EQUIPMENT REPAIRS AT WATER TREATMENT PLANT~ Approve the purchase of parts and labor in the amount of $13,734.40 from Southland Controls Company, sole source provider, for equipment repairs at the Water Treatment Plant, with funding from 441-5122-536-46.20 (Water Treatment & Storage/Equipment Maintenance). -3- Regular Commission Meeting May 19, 1998 M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 4th through May 15, 1998. N. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $19,326.90 to Martin Fence Company, via Broward County contract, for the installation of additional fencing at Pompey Park, with funding from 334-4172-572-63.03 (General Construction Fund - Pompey Park Ballfield). 9. Regular Agenda: A. REQUEST FOR MORATORIUM ON THE USE OF IN LIEU OF FEES FOR PARKING EAST OF THE INTRACOASTAL WATERWAY: Consider a request from the Parking Management Advisory Board to impose a moratorium until January 1, 1999, on in lieu of parking fees for property located east of the Intracoastal Waterway. B. REPORT ON BFI PERFORMANCE (FEBRUARY 1998 THROUGH APRIL 1998): Consider a report from staff concerning BFI's performance during the 90 day period of February through the end of April, 1998, especially as it relates to garbage and trash collection service by BFI in the northeast area of the City (Seacrest neighborhood). C. CONDITIONAL USE REOUEST/SELF-SERVICE STORAGE FACILITY: Consider a request for conditional use approval to allow the establishment of a self-service storage facility (Storage America). The subject property is located on the north side of S.W. 10th Street, between S.W. 14th and 15th Avenues, and is zoned LI (Light Industrial) District. QUASI-JUDICIAL PROCEEDING D. REQUEST FOR RELEASE OF LIEN FROM HABITAT FOR HUMANITY: Consider a request from Habitat for Humanity to release a nuisance abatement lien on vacant property addressed as 216 S.W. 13th Avenue. E. RENEWAL OF WATER SERVICE AGREEMENT WITH THE TOWN OF GULF STREAM: Consider approval of a water service agreement between the City and the Town of Gulf Stream for the City to supply water to Gulf Stream. F. UPDATE ON MODULAR NEWSRACK PROGRAM: Consider a report on the current status of the modular newsrack program for free publications and provide direction regarding the future of the program within the City. G. PROPOSED SETTLEMENT/CITY OF DELRAY BEACH V. LEONARD DAVIS: Consider approval of a settlement proposal in the foreclosure lawsuit against property owned by Leonard Davis on N.W. 5th Avenue (South 30 feet of Lot 6, Block 28). -4- Regular Commission Meeting May 19, 1998 RESOLUTION NO. 35-98: Consider approval of a resolution requesting support from the Palm Beach County Legislative Delegation, the Florida League of Cities and the Palm Beach County Municipal League to aid the Town of Lake Park in the initial case to defend its rights to enact and enforce local codes regulating the location of pay telephones. 10. Public Hearings: A. WIDENING OF LAKE IDA ROAD= A public hearing for the purpose of receiving public input on the widening of Lake Ida Road between Congress Avenue and Military Trail. B. REQUEST FOR SIGN CODE WAIVER/OCEAN CITY LUMBER COMPANY: Consider a request from Ocean City Lumber Company for a waiver to the provisions of LDR Sections 4.6.7(C) (1) and (E) (7) to allow a free standing directional sign that exceeds the maximum size permitted by code and to allow the sign to be erected off premises. C. ORDINANCE NO. 19-98: An ordinance amending the Laver's North SAD (Special Activities District) by re-establishing the total approved unit count at 610 residential dwelling units, through the transfer of four residual units from The Vinings development to the southwest corner of the Laver's North SAD to accommodate a proposed 64 unit apartment building to be known as St. Tropez at Delray Beach. QUASI-JUDICIAL HEARING 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 20-98: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the City Code by amending Section 96.16, "Certain Codes Adopted by Reference", adopting various editions of the National Fire Protection Association (NFPA) codes and deleting Section 19-3.5.6 of Chapter 19 of NFPA 101 and adopting a substitute therefore; by repealing Section 96.17, "Amendments"; by amending Section 96.46, "Aboveground Installations", to provide for conditions for aboveground tank installations. If passed, a public hearing will be scheduled for June 2, 1998. B. ORDINANCE NO. 21-98: An ordinance amending Chapter 52, "Water", Section 52.31, "Connection Charges", and Section 52.34(B), "Monthly Rates", and Chapter 53, "Sanitary Sewers", Subsection 53.130(D) (2), "Nonresidential Commercial Units", of the City Code to provide for inclusion of water and sewer charges for eight inch and ten inch water meter service. If passed, a public hearing will be scheduled for June 2, 1998. -5-- Regular Commission Meeting May 19, 1998 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- [ITY DF DELRI:I¥ BER[H p~K~%B~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 1993 · WHEREAS, the State of Florida Department of .-. Community Affairs has allocated Community Services Block Grant (CSBG) funds to Palm Beach County Community Services/Community Action Program to meet the needs of low-income families; and WHEREAS, the mission of Palm Beach County Community Action Program is to advocate the needs and interests of the poor by mobilizing and leveraging available resources ~ that programs are tailored to the genuine needs of low-income people and communities; and WHEREAS, the Palm Beach County Community Action Program has a significant impact in the lives of children, families and individuals through networking with various agencies to assess the apparent need; and WHEREAS, the Palm Beach County Community Action Program administers the Low Income Home Energy Assistance Program designed to provide financial relief from high energy costs and to prevent service disconnections for families in crisis; and WHEREAS, the Palm Beach County Community Action Program is the story of individuals who have overcome adversity to achieve self sufficiency. NOW, THeREFORe, I, JAY ALP~RIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of May 1998 as NATIONAL COMMUNITY ACTION MONTH in Delray Beach, Florida, a celebration of the fact that Palm Beach County Community Action Program works and continues to be a positive force in America's communities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 19th day of May, 1998. MAYOR JAY ALPERIN SEAL EFFORT ALWAYS MATTERS Pnntedon RecycledPaper Palm Beach County Board of County Commissioners Department of Community Services Community Action Program PEGGY HOLLIS Community Action Specialist IV 600 SW 15th Avenue Delra¥ Beach, FL 33444 (561) 278-8090 PROCLAMATION OF THE CITY COMMISSION OF DELRA! BEACH, FLORIDA, PROOLAIMING THE MON1H OF MAY, AS NAtiONAL OOIIllIUNITY ACtiON MONTH IN WHEREAS` the State of florida Department of Commlmlty Affairs hat alloeatod Community $enfloeo Blank Grant (OSB9) fantis ti) Palm Beach County Oommlmity Sendee&4)nnmlunlty Aellan Program tO. meet the needs Id few4neeme families; and WHEREAS, the mlmden ef Palm lleaeh County Cenmlunity Action Program IF tO advocate Ute needs and Interests of the peer bi melllllzlng and legeraglng atroflakln resourees# that pfegroms are tailored to the genuble needs id Iow. Income people and eommanltles; WHEREAS, the Palm Beeeh Oeunty Oommunlty AeUon Program has a significant Impact In the lives ef ehfldran, fomifles and Indlliduals through netwerldag idth tmrlmls agendeo to em the apparent need: WHEREAS` the Palm Beach Oeunly cl~mmunlty Action Program administers the Low Income Home Energy Asslsfanee Program designed to provide Ilnanidld reflef from high energy easts and to preyant servlee dlleoll.eoelilklS for families III erlslS. WHEREAS,.the Palm Beach County Community Aellan Program Is the story ef Individuals who have evereeme adversity to achieve self sumelener, WHEREAS, NaUonal Community Aetlen Month Is a celebration of the fact Bat Palm Beaeh County Community Action Program works and continues to be a pedtlve fargo In Amerlea's lmmmunltles. ' SIGNED this . day. May In the year id 1996. TO: DAVID T. HARDEN, crl'Y MANAG(~ THRU: DIANE OOMINgUEZ, DIRECTOR ~ .~ ~'-~ DEPARTMENT Of PLANNING AND ~ONING FROM: CLAIRE LYTE-GRAHAM, PLAN~ SUBJECT: MEETING Of MAY 19, 1998 ~CONSENT AGENDA** ABANDONMENT OF NORTH/SOUTH ALLE~AY WITHIN BLOCK 129 The action requested of the City Commission is approval of the proposed abandonment of an unimproved north/south alley located within Block 129, Town of Delray. The subject right-of-way is located west of N.E. 9th Avenue (Palm Trail) and south of N.E. 4th Street. The applicant is requesting the abandonment to incorporate the area into abutting residential properties. The survey submitted indicates the alley was dedicated by several deeds that reference an alley and dedication for N.E. 9th Avenue (Palm Trail), however, the exact parameters of the alley are unclear. Therefore, the City Attorney's Office recommended that the City abandon any interest in the alley as may be indicated in the deeds as well in the area where the alley was to be dedicated, while retaining utility easements across the entire 16' down the center of the block. For additional analysis please refer to the attached January 26, 1998 Planning and Zoning Board Staff Report. The Planning and Zoning Board considered this request at its meeting of January 26, 1998, and unanimously recommended approval (5-0) with the conditions that the City retain a utility easement in the area noted on the survey where the alley actually exists, and that the City retain all interest in N.E. 9th Avenue (Palm Trail) right-of-way as described in the warranty deeds. This language is being incorporated into the Resolution for the abandonment. By motion, approve the abandonment of the north/south alley within Block 129 through the enactment of Resolution 32-98. attachment: ~ ~ · Planning and Zoning Staff Report 0')9 RESOLUTION NO. 32-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN UNIMPROVED NORTH/SOUTH ALLEY RIGHT-OF-WAY WITHIN BLOCK 129, TOWN OF DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AND RESERVING AND RETAINING A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AND RETAINING TO THE CITY ALL INTEREST IN N.E. 9TH AVENUE (PALM TRAIL). WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of an unimproved sixteen foot (16') alley right-of-way lying within Block 129, Town of Delray, as more particularly described herein; said Block 129 being located south of N.E. 4th Street and north of N.E. 3rd Street, between N.E. 8th Avenue and N.E. 9th Avenue (Palm Trail); and WHEREAS, the City of Delray Beach, Florida, acquired an interest in a sixteen foot (16') wide alleyway running north and south through the center of property described in Section 1 hereof pursuant to right-of-way deeds recorded in the Public Records in and for Palm Beach County; and WHEREAS, the City also obtained through these right-of-way deeds an interest in the right-of-way known as N.E. 9th Avenue (Palm Trail) within Block 129; and WHEREAS, the application for abandonment of said alley right-of-way was processed pursuant to Section 2.4o6(O), "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 petition at a public hearing on January 26, 1998, and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings pursuant to LDR Section 2.4.6(0)(5) and subject to the conditions that a utility easement for public and private purposes be retained over the abandonment area to accommodate any existing facilities, and that the City retain all interest in N.E. 9th Avenue (Palm Trail); 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 for roadway purposes based upon positive findings pursuant to LDR Section 2.4.6(O) (5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof for the purpose of access for constructing and/or maintaining over, under and across the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, and expressly retains all interest in N.E. 9th Avenue (Palm Trail). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon ali right and interest it holds to the following real property for roadway purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof fcr the purpose of access for constructing and/or maintaining over, under and across the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations; said property being more particularly described as follows: The East 20 feet of the North 208 feet of Block 129, City of Delray Beach, formerly Town of Linton, according to the Plat of same on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida; TOGETHER WITH The East 20 feet of the South 150 feet of the North 358 feet of Block 129, City of Delray Beach, formerly Town of Linton, according to the Plat of same on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida; TOGETHER WITH The East 20 feet of the South 89-1/2 feet of the North 447-1/2 feet of Block 129, City of Delray Beach, formerly Town of Linton, according to the Plat of same on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. - 2 - Res. No. 32-98 PASSED AND ADOPTED in regular session on this the 19th day ATTEST: -- dity Cl~k - 3 - Res. No. 32-98 N.E. iTH ST. N.E. 4TH ST. ~j ., h N.E. 3RD SI. N ~ - ABANDONMENT- ~LANNINC & ZI~NING DEPARTM~'NT ---- ~'G/TA/. ~a.,.TE 44AP ,5"Y~'TE'M -- MAP REt: LM200 PLANNING AND ZONING BOARD CITY OF DELI:LAY BEACH ---STAFF REPORT--- MEETING DATE: January 26, 1998 ;ENDA ITEM: V.C. TEM: Abandonment of the Alleyway Lying within Block 129, Located on the south side of N.E. 4th Street, Between N.E. 8th Avenue and Palm Trail. N.[. 6'~ ST. N.£. 5TH $?. GENERAL DATA: Owner/Applicant ........................ Various Location ..................................... Alleyway within Block 129, located on the south side of N.E. 4th Street, between _ N.E. 8th Avenue & Palm Trail. Property Size ............................. 0.288 Acre Future Land Use Map ................ Low Density Residential Current Zoning .......................... R-l-AA (Single Family "-~' Residential) Adjacent Zoning ............... North: R-I-AA East: R-l-AA ': ---~ South: R-l-AA West: R-l-AA Existing Land Use .................... Unimproved alleyway Proposed Land Use ................... Abandonment of 16' VoC, The item before the Board is the recommendation to the City Commission for the proposed abandonment of an unimproved north/south alley located within Block 129, Town of Delray. The subject right-of-way is located west of N.E. 9th Avenue and south of N.E. 4th Street. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The subject alley consists of approximately 11,723.84 sq. ft. (16' x 732.74') and is unimproved. The abandonment area is surrounded by residential development to the north, south, east, and west on properties zoned R-l-AA (Single Family Residential). The applicant is requesting the abandonment to incorporate the area into abutting residential properties. In May, 1997 an application was submitted requesting the abandonment of a north/south alley within Block 129. The south one-half of the subject alley does not appear on the property appraiser's map, however, a survey submitted with the application notes the alley (16' wide) the full length of the block. In an attempt to determine if the alley exists copies of the deeds referenced on the survey were requested. It was noted there were no references to, nor were deeds provided for, the southern portion of the alley. Some of the deeds the applicant provided are barely legible, but they all appear, to dedicate road right-of-way for N.E. 9th Avenue and an alleyway. However, the area dedicated by the deeds does not exactly match the location of the alley as noted on the survey. Further, in reviewing the legal descriptions from the County Appraiser's office no alley is noted for the southern portion of the block (see attached exhibit). In order to verify the alley's existence and location, additional information was requested from the applicant, including a certified title search of all lots within Block 129; the last recorded warranty deeds for all lots within Block 129; and, a revised survey reflecting boundaries of all lot descriptions per the last warranty deeds. Rather than incur the expense involved in obtaining the above requested information, the applicant requested that only the portion of alley abutting his property be abandoned. However, this request was rejected as it is inconsistent with the City policy that entire alleys within blocks be abandoned. Rather than incurring the additional expense on this applicant the City is proposing to abandon interest in the alley which may be dedicated in the deeds as well as the area noted on the exhibit submitted by the applicant (16' centrally located in the middle of the block). Using this approach all interest in the alley which would be located in the survey Exhibit and or located and identified in the deeds would be abandoned. Therefore, this action would abandon Planning and Zoning Board Staff Report Block 129 Alley Abandonment Page 2 interest if it exists from all lots, helping to clear title to these properties. The City Attorney has indicated this approach can be taken, thereby releasing City interest in an alley which may be incorrectly located in the deeds or correctly dedicated in the area noted in the exhibit (16' centrally located in the middle of the block). Review b_~ City_ Departments: The City Attorney's Office has reviewed the request and has recommended that the City Commission consider an abandonment resolution. The resolution should state the history of the City's ownership of the alley and utility easements. The resolution should also state th. at the City will retain easements for public and private utilities within the area shown in the Exhibit submitted by the applicant. Given the deeds' references to N.E. 9th Avenue, the resolution should also maintain interest in this right-of-way. The resolution will only be able to retain easements over the area noted in the Exhibit to the extent that the alley right-of-way currently exists. Review by Utility_ Com_oanies: A transmission pole line with Florida Power and Light, Adelphia Cable, and BellSouth services extends along the entire alley, and an underground gas line is also located within a portion of the alley. The utility companies have no objection to the abandonment request provided replacement easements covering all existing services are provided. Provision of a replacement easement is attached as a condition of approval. The City will retain easements over that portion of the 16' alley for which it owns, which may or may not include the entire length of the alley. Easement over areas which may have never been dedicated to the City will need to be obtained by each respective utility company. 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. Transmission poles and a gas line exist within the subject alley. Retention of easement rights over the ~ledicated alley to cover FPL, BellSouth, and Adelphia Cable, and Florida Public Utilities services, is attached as a condition of approval. Planning and Zoning Board Staff Report Block 129 Alley Abandonment Page 3 B) That the abandonment does not, nor will not, prevent access to a lot of record. All of the abutting lots take access from N.E. 8th Avenue, N.E. 9th Avenue, N.E. 3rd Street, or N.E. 4th Street. 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. No City facilities (water, sewer, drainage mains or pipes) exist or are planned in the alley. The Environmental Services Department has no 'objections to the abandonment request. Easements in the area being abandoned must be retained to cover the existing BellSouth, FPL, gas, and cable facilities within the alley. Thus, no detriment will therefore result for the provision of the above services. The subject abandonment is being requested to enlarge adjacent lots. By abandoning the area to private interests, the property will be improved upon and properly maintained. The survey submitted indicates the alley was dedicated by several deeds that reference an alley and dedication for N.E. 9th Avenue. However, the location and existence of the alley is unclear. Due to this confusion the City Attorney's Office has recommended that the City abandon interests in the alley as may be indicated in the deeds as well in the area where the alley was to be dedicated (as noted in the applicant's exhibit), while retaining utility easements across the entire 16' noted in the exhibit (center of block). · ~.~:~'.(.' .:.:.:~ ~i~.: ~ ~ .:..'~i.:.;: '-;.'..'~ i! ~ ~ii i i~ .:~.:~ i~ ."i!.:.:~ ~.Jj~.~i~.:~ii~i ii~i.~ ~i~i ~ .j-'-':~ ii~-'-'...'...'~i ~'i'"'"' !~' :'"~'~ ~'"'""~'"' :'"'~ :'"': ~ ~"'"~' ~-"..'"" ~ ~'"~ :"~ :'"'~'~'.:~.~.:~ ~ ~ iX i ~ :'"'~!~-~: :'"" :: ~!'~'?~ ~: ~·'!iJ: :·'·' ¢' :::ii'~': :···'~!: :"·":~ ~.:~!~ ~i~ ~ ~.:..'~ ~.::'.-'~.-'~.:.';~..'.'~ i.:~ ~i .:..'.:.:~.~i~J.:~: ~.~ ~.~ i~-;.' .-'~ ..'~.:~i ~i~J~{! ~i~i!i~ .-'..!i~ 5.":' :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .:::.: ::::::: ;::::: :.:: :::: :::: -:::::...:::: :::: .:::: ~:::~:::.:-::~:: % :+'-::::: ::::. ::. .::: :::-. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................................... ,. .............................. ......... .......... ..................................... ...................... 1. Continue with direction to require applicant to provide information to verify the alley's existence and location, including the following: El A certified title search of all lots within Block 129, Town of Delray; O The last recorded warranty deeds for all lots within Block 129, Town of Delray; and, El A revised survey reflecting boundaries of all lot descriptions per last warranty deeds. Planning and Zoning Board Staff Report Block 129 Alley Abandonment Page 4 2. Recommend approval of the abandonment of the alley within Block 129, Town of Delray, based upon positive findings with respect to required findings subject to retaining replacement easements. 3. Recommend denial of the abandonment of the alley within Block 129, Town of Delray, with reasons stated. By motion, recommend approval of the abandonment of the north/south alley located within Block 129, Town of Delray, as noted in existing warranty deeds and within the area noted on the attached survey, based upon positive findings with respect to LDR Section LDR Section. 2.4.6(0)(5), subject to the following conditions: 1. That the City retains a utility easement in the area noted on the attached survey for FPL, BellSouth, cable, gas and any other future utility services. 2. That the City retains all interest in N.E. 9th Avenue right-of-way as described in the warranty deeds. Attachments: · .Location Map and Reduced Survey · Sketch of Legals filename: u:~jrahamc~pzrep~b1129abd.doc 5 ! 7 I I I I I I I I I 13 ,, 14 I I I I I I I I I I 15 " 16 I I I I ,~/~ /m,~ ~ t MEMORANDUM TO: MAYOR AND CITYC~MISSIONERS FROM: CITY MANAGER ~! SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF MAY 19, 1998 RESOLUTION NO. 33-98 (ADDING CHAMBER OF COMMERCE REPRESENTATIVE TO PARKING MANAGEMENT ADVISORY BOARD) DATE: MAY 13, 1998 Attached is a request from Bill Wood, Chamber of Commerce President, asking that a representative from the Chamber be included in the membership of the Parking Management Advisory Board. At the May 5th meeting, Commissioner Egan, too, commented on the desirability of having a Chamber representative on the Board. The Commission at that time gave direction to draft a resolution to so amend the Parking Board membership composition. Resolution No. 33-98 is presented for the Commission's consideration. It adds the Chamber of Commerce representative, increasing the number of members from eight to nine. It provides that the Chamber of Commerce will recommend an appointee to the City Commission which has the authority to approve and ratify the recommendation. The term will be for two years. If this resolution is adopted, we will contact the Chamber for a recommended appointee to the Parking Management Advisory Board and schedule consideration of that appointment for the next regular City Commission meeting. Recommend approval of Resolution No. 33-98. ref:agmemol5 HAY 0 '~ 1998 ' t ~' CITY MAN,~.,,.,.. DELRAY BEACH Chamber of Commerce To: Honorable Jay Alperin and City Commissioners From: Bill Wood, 279-1380, 14 Subject: Parking Management Advisory Board Date: May 1, ! 998 As our Local Issues Government Affairs committee has suggested, (see attached) we are none too soon in exploring comprehensive solutions to downtown parking shortages. As parking challenges (both real and perceived) become more numerous and pressing they are also receiving more negative attention that ultimately threatens both our existing businesses as well as our future development. When the new Parking Management Advisory Board was created we did not take advantage of an opportunity to have a Chamber representative on the Advisory Board. That was a mistake. The issues related to parking are critical to the downtown. I respectfully request participation by a Chamber representative on the Parking Management Advisory Board. Also, ! believe the addition would bring the number of Board members to 9, a tie breaking element that helps prevent gridlock of the decision process. Please call me to discuss these issues and ! look forward to hearing from you soon. cc: Bob Barcinski Janet Onnen Susie Simms Dick Sheremeta 64 SE 5th Avenue Delray Beach, FL 33483 5611279-1380, ext 13 RESOLUTION NO. 33-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 88-97 WHICH ESTABLISHED THE PARKING MANAGEMENT ADVISORY BOARD, AS SUBSEQUENTLY AMENDED BY RESOLUTION NO. 10-98, BY AMENDING SECTION 3 PERTAINING TO MEMBERSHIP COMPOSITION TO INCLUDE A REPRESENTATIVE FROM THE CHAMBER OF COMMERCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 9, 1997, the City Commission adopted Resolution No. 88-97 establishing the Parking Management Team as an advisory board to the City Commission; and WHEREAS, on January 20, 1998, the City Commission adopted Resolution No. 10-98 which amended Resolution No. 88-97 to include a citizen-at-large representative on the Parking Management Advisory Board; and WHEREAS, Section 3 of said Resolution No. 88-97, as amended by Resolution No. 10-98, sets forth the membership composition of the Parking Management Advisory Board; and WHEREAS, the City Commission finds it to be in the best interests of the City of Delray Beach that the membership composition of the Parking Management Advisory Board be amended to include a representative from the Chamber of Commerce. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 3 of Resolution No. 88-97, as amended by Resolution No. 10-98, is hereby amended to read as follows: That the Parking Management Advisory Board shall be composed of ~/~Y nine (9) regular members, with representation as follows: (a) A representative from the Community Redevelopment Agency; (b) A representative from the Downtown Development Authority; (c) A representative from the Planning and Zoning Board; (d) A representative from the Chamber of Commerce; (~) A business owner/operator representing the Old School Square Historic Arts District; (~) A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and Interstate 95; (f~) A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal Waterway; (~h) A business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway; and (~i) A citizen-at-large representative. The Community Redevelopment Agency, the Downtown Development Authority, the Chamber of. Commerce, and the Planning and Zoning Board shall recommend appointees, with the City Commission having the authority to approve and ratify all recommendations for membership. The balance of the Parking Management Advisory Board membership shall be appointed directly by the City Commission. The members of the Parking Management Advisory Board shall serve for terms of two (2) years, except that the members of the first board to serve shall be appointed so that four (4) members shall serve one (1) year terms and ~/~y five (5) members shall ,serve two (2) year terms. It is further provided that no member may serve more than two successive terms on the Parking Management Advisory Board. Section 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 19th day of May, 1998. ATTEST: City Cl~k - 2 - Res. No. 33-98 DELRAY BEACH CITY CLERK 4oo.,w. ,. .C llll 1993 Mr. Rick Chesser, P.E. District Secretary District Four Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Re: Resolution No. 34-98 (Intersection of Atlantic Avenue/SR 806 and N.W./S.W. 4th Avenue in Delra¥ Beach) Dear Mr. Chesser: Enclosed is a copy of Resolution No. 34-98 requesting that the Florida Department of Transportation address unsafe traffic conditions at the intersection of West Atlantic Avenue (SR 806) and N.W./S.W. 4th Avenue in Delray Beach. Further, it encourages your department to favorably consider the installation of a traffic signal and/or alternative traffic modifications to the subject intersection. Resolution No. 34-98 was passed and adopted by unanimous vote of the Delray Beach City Commission on May 19, 1998, in support of efforts by the Delray Merchants Association and the community to address this public safety issue. Your serious consideration is appreciated. Should you have any questions, please do not hesitate to contact me at 561/243-7050. Sincerely, . '/~ City Clerk AMH/m Attachment cc: William A. Lewis, Jr., District Traffic Operations Engineer David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Lula Butler, Director of Community Improvement Clay Wideman, Delray Merchants Association Jimmy Weatherspoon, Delray Merchants Association THE EFFORT ALWAYS MATTERS ~rmt~ on ~oc~led MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2q'AGER~ SUBJECT: AGENDA ITEM # g'O- REGULAR MEETING OF MAY 19, 1998 RESOLUTION NO. 34-98 (REQUESTING FDOT TO CONSIDER INSTALLATION OF a TRAFFIC SIGNAL AND/OR INTERSECTION MODIFICATIONS (WEST ATLANTIC AVENI3E AND 4TH AVENUE) DATE: MAY 13, 1998 On May 5th, Mr. Jimmy Weatherspoon and Mr. Clay Wideman addressed the City Commission with respect to a request from the Delray Merchants Association (DMA) for Commission support in working with the Florida Department of Transportation (FDOT) to obtain either a traffic signal or intersection modifications at West Atlantic Avenue and N.W./S.W. 4th Avenue. On behalf of the DMA as well as the community in general, both gentlemen expressed concerns about the unsafe traffic conditions at this location and their belief that FDOT might be more amenable to working out a solution should the City Commission support their efforts. After discussion, it was the consensus of the Commission to support the request and direction was given to draft a resolution to this effect. Resolution No. 34-98 is provided in response to this direction. Once adopted, it will be forwarded to the appropriate FDOT officials and staff will continue to work with the Delray Merchants Association in monitoring progress with FDOT to address the unsafe conditions at the intersection of West Atlantic Avenue and 4th Avenue. Recommend approval of Resolution No. 34-98. ref:agmemol2 RESOLUTION NO. 34-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION ADDRESS UNSAFE TRAFFIC CONDITIONS AT THE INTERSECTION OF WEST ATLANTIC AVENUE AND N.W./S.W. 4TH AVENUE, AND ENCOURAGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FAVORABLY CONSIDER THE INSTALLATION OF A TRAFFIC SIGNAL AND/OR ALTERNATIVE TRAFFIC MODIFICATIONS TO SAID INTERSECTION; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the poor visibility of oncoming traffic at the intersection of West Atlantic Avenue and N.W./S.W. 4th Avenue, especially the southwest corner, has been a concern to the Delray Merchants Association (DMA), the Police Department and local residents for a number of years; and WHEREAS, because of the direct route south to Linton Boulevard on 4th Avenue, there appears to be a significant increase in traffic through the subject intersection; and WHEREAS, the community is concerned about this unsafe condition and has requested the Florida Department of Transportation to favorably consider the installation of a traffic signal and/or traffic modifications, such as a "peanut" island, to the intersection as a means to alleviate the problem; and WHEREAS, the City Commission supports the efforts of the Delray Merchants Association and the community to address this public safety issue by working with the Florida Department of Transportation to resolve the problem. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. For the safety of all concerned, the Delray Beach City Commission supports the efforts of the Delray Merchants Association and the community to address unsafe traffic conditions at the intersection of West Atlantic Avenue and N.W./SoW. 4th Avenue, and strongly encourages the Florida Department of Transportation to favorably consider the installation of a traffic signal and/or alternative traffic modifications such as a "peanut" island for said intersection. Section 2. That the City Clerk is hereby directed to furnish a certified copy of this resolution to the District Traffic Operations Engineer and the District Secretary of the Department of Transportation of the State of Florida. Section 3. That this resolution shall become effective immediately upon its passage. PASSED ~ ~OPTED in regular session on this the 19th day of May, 1998 ATTEST: City Cle~ i - 2 - Res. No. 34-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M32XlAGER~ SUBJECT: AGENDA ITEM # ~D' - REGULAR MEETING OF MAY 19, 1998 FINAL PLAT APPROVAL/BORTON MOTORS DATE: MAY 13, 1998 This is before the Commission to approve the final boundary plat for Borton Motors, a commercial subdivision located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue. The plat has been processed pursuant to the conditions of site plan approval granted by the Site Plan Review and Appearance Board on May 14, 1997, for Borton Volkswagen. All technical and staff comments have been addressed, and the City Engineer recommends that the final plat be approved. Recommend approval of the final boundary plat for Borton Motors. ref:agmemol4 Agenda Item No. AGENDA REQUEST Date: May 1, 1998 Request to be placed on: X Regular Agenda __Special Agenda __Workshop Agenda When: May 19, 1998 Description of item (who, what, where, how much) :Approval of final plat for Borton Motors. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval o[ the final boundary plat for Borton Motors. 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 (ifapplicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~.~S~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-borton motors file:s/eng/tac/borton/ag5198.doc MEMORANDUM TO: David T. Harden City Manager FROM: Barron Caronite~.4]~ Engineer I I / SUBJECT: BORTON MOTORS FINAL PLAT DATE: May 1, 1998 Attached is an agenda request for Commission approval of the final plat for Borton Motors. The subject property is being platted as a condition of the site plan approval. The site plan was approved by the Planning and Zoning Board on May 14, 1997. In addition, easements to accommodate the extension of water and sewer mains are provided by this plat. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the May 19, 1998 Commission meeting for Commission approval. BC/gm attachment cc: Randal L. Krejcarek, P.E., City Engineer Richard C. Hasko, P.E., Dir. of Environmental Services Jeff Costello, Senior Planner John Walker, Project Planner Barbara Garito, Deputy City Clerk file:s/eng/tac/borton/agmemo.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lVlg~AGER~ SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF MAY 19, 1998 FINAL PLAT APPROVAL/CITATION CLUB REPLAT DATE: MAY 13, 1998 This is before the Commission to approve the final plat for the Citation Club Replat. This is a replat of the original Citation Club plat recorded in Plat Book 76 at Page 181, in order to accommodate a land swap between the Citation Club and Hammock Reserve. The property is located on the east side of Military Trail, south of Linton Boulevard. Ail technical and staff comments have been addressed, and the City Engineer recommends that the final plat be approved. Recommend approval of the final plat for the Citation Club Replat. ref:agmemol3 Agenda Item No. AGENDA REQUEST Date: May 12, 1998 Request to be placed on: X Regular Agenda __Special Agenda __ Workshop Agenda When: May 19, 1998 Description of item (who, what, where, how much) :Approval of final plat for Citation Club Replat. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the final plat for Citation Club Replat. 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 (ifapplicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO ~/~/I Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-Congress Industrial Square file:s/eng/tac/citation/ag51998.doc MEMORANDUM TO: David T. Harden City Manager FROM: Barron Caroni~~'/ Engineer I }//xOq SUBJECT: CITATION CLUB REPLAT FINAL PLAT DATE: May 8, 1998 Attached is an agenda request for Commission approval of the final plat for Citation Club. The subject property is being replatted in order to complete a land transfer between Citation Club and Hammock Reserve. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the May 19, 1998 Commission meeting for Commission approval. BC/gm attachment cc: Randal L. Krejcarek, P.E., City Engineer Richard C. Hasko, P.E., Dir. of Environmental Services John Walker, Project Planner Barbara Garito, Deputy City Clerk file:s/eng/tac/Citation/agmemo.doc LIN TON BOULEVARD CANAL ' L-36 CITY of DELRAY BEACH CITATION CLUB REPLAT ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP crrA~ON 434 SOUTH SWlNTON AVENUE, Di~Y BEACH, FLORIDA 33444 98-200 1 of ! JJJ~ll ~ .L33HS O.L HOJ. YPI x ) ~1 £1TY OF UELA#Y BEACH Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali.America City MEMORANDUM ~IIII~ DATE: Mayll, 1998 ~993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Ocean Place Condominium Right of Entry Agreemem for Sidewalk Construction The City is planning to install a sidewalk within the right-of-way for State Road A-1-A adjacent to Ocean Place Condominium. As part of the construction, the City's contractor must backslope along the sidewalk within the condominium's property. The attached agreement will permit the City's contractor to perform the required construction. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Randal Krejcarek, City Engineer ocean-8.dnt I City Of Delray Beach. Department of EnvironmentalServices MEMORANDUM TO: David Harden FRO M: Randal L. Krej ca re k,P.E ./~/~?/-) *~ DATE: 7-May-98 SUBJECT: Sandoway House Nature Center Parking Lot & Sidewalk Project g95-50 Ocean Place Condominium Association, Inc. Easement This agenda item is for Commission approval/authorization for the Mayor to execute the attached Easement Agreement with Ocean Place Condominium Association, Inc. This agreement will allow the City's contractor the right to enter upon the Ocean Place Condominium's property in order to construct the backslope of the proposed sidewalk. This backsloping is in lieu of constructing a retaining wall for the entire length of Ocean Place Condominium's property. enc. cc Richard Hasko, P.E., Director of Environmental Services file: 95-50(a) s:/englenglproject~/95195-5011ettersleasmt. O04 RIGHT OF ENTRY AND LICENSE AGREEMENT FOR SIDEWALK CONSTRUCTION PROJECT: A-1-A Sidewalk Construction PROJECT NO. PARCEL ADDRESS: 120 S. Ocean Blvd., Delray Beach, Florida 33483 PROPERTY OWNER: Ocean Place Condominium Association, Inc. TinS AGREEMENT entered into this ~ ~ c~y of ~f.~,/. , 1998, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY), and OCEAN PLACE CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, (hereinafter referred to as OWNER), provides as follows: WHEREAS, the CITY desires to complete sidewalk consmaction and/or modifications associated with the above-named project, which is located at the property described below; and, WHEREAS, the CITY has determined that the improvements are necessary to protect the public health, safety and welfare; and, WHEREAS, in order to complete said sidewalk construction, it is necessary for the CITY to enter upon and perform various construction tasks on the following described property: (See Exhibit "A" attached hereto) and; WHEREAS, as part of this project, the CITY will remm the disturbed area to like or better condition than prior to construction. NOW, THEREFORE, in witness of the above and in consideration of the CITY agreeing to conduct the aforesaid construction, OWNER hereby grants unto the CITY, their employees, agents, contractors, sub-contractors, and/or assigns the license the fight to enter upon said land of OWNER for the purpose of constructing the project. page I of 3 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. It is further agreed that the license and rights granted herein shall cease upon completion and finalization of the contract which said work is performed. The work includes construction of a sidewalk onto OWNER'S property. 3. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 4. This Agreement shall not be valid unless signed by the City Mayor and the City Clerk. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. WITNESSES: OCEAN PLACE CONDOMINIUM ASSOCIATION, INC. (Name Pfihted or Typed) .J (Name Printed or Typed) The foregoing instrument was acknowledged before me this ~ day of ~ , 1998by ~},Aor.~t- {J, c3-Oc ,'~ (n~0.xff_~cer or agent, title of off'er or agent) of d¢~'-o ~ Ji)lc~ c ~ (nme o~ acknowledging), a PI 0 r, d~ (state or plac. e of incorporation) corporation,---6-ffbehalf of the corporation. He/She [~_personally known to me~ has produced as identification. ~~ ~:~ ~ ~ Signature of Notary Public - State of Florida Page 2 of 3 Il ~-,~fi~ EX~mWm Apdl e, lOOO ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: ttomey entry3.agt Page 3 of 3 Exhibit "A" A parcel of land, 20 feet in width, along the entire eastern property line of Ocean Place Condominium which is included in the Plat of the fractional east-half of Section 16, Township 46 South, Range 43 East, Plat Book 1, page 25 Palm Beach County, Florida. Said parcel of land contains 0.062 acres more or less. CITY aF DELRR¥ BEg[H CITY ATTORNEY'S OFFICE ~:,,~.~~'~' ~'~'" ~'~ ~?~?~'~'~'~' ~'~~?.~ ~'~"' ~o~^ ~.. Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali.America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Acceptance of Easement Deed from Eugene H. Monnier, Jr. and Jean E. Monnier Mr. and Mrs. Monnier granted the City the attached Easement Deed. The City required the easement as part of the Morikami wellfield development settlement agreement. The settlement agreement required that the City provide a 4 inch raw water irrigation connection from the City's water main to the Monnier's property. At the Monniers' request, the City is now installing the water meter and backflow preventer. The easement permits the installation of the backflow preventer in a location that will not be prone to damage from traffic on Morikami Park Road. Acceptance of the easement is recommended. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Richard Hasko, Director of Environmental Services monnierl .dnt Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Ottiee 200 N.W. 1st Avenue Delray Beach, Florida 33444 Property Control #: t~)LO r'~2. {,/~ ,,~'~ ~O ~6>(z> EASEMENT DEED THIS INDENTURE, made this /~1-day of ~x~,. , 1998, by and between EUGENE H. MONNIER, JR. and JEAN E. MONNIE~I~ ~ h~band and wife, with a mailing address of 6595 Morikami Park Road, Delray Beach, Florida 33446, party of the first part, and the CITY OF DELRAY BEACH, a Florida municipal corporation, with a mailing address of I00 N.W. 1st Avenue, Delray Beach, Florida 33444, in Palm Beach County, State of Florida, party oftbe second part: WlTNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the 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 perpetual easement for the purpose of: installation and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, 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. 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. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. It is further understood that in the event the above described premises are abandoned by the party of the second part and cease to be used for utility easement and maintenance purposes, that this easement shall terminate and the encumbrance shall become of the same status as if the easement had never been made. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE FIRST PART (name printed or typed) ,~ug~ne ~I. l~o-nni~ WITNESS #2: (name printed or typed) STATE OF FLORA COUNTY OF /'~_/t~/k ~ The foregoing instrument was acknowledged before me this / day of ff~ , 1998 by ~ff'v~V~7 /-/. ~l~[M~llt~ .~ ,~_~o is personally known to ~ or~twho has produced as identification, a~mr~L~[? S~g~ of Notary lJdblLg ' State 11~'~::.,~ b~~ of Florida (name printed or typed) /~an E. Monnier WITNESS #2: (name printed or typed) STATE OF FLORIDA COUNTY The foregoing instrument was acknowledged before me this .~_ day of 1998 by ~¢~/ ~ ~ft~£/~/t~(~-- , ~rsonally ~gr'~'wtio has produced as identification,~~~~ -~. ~ Signature of Notary Publib"- S(a~te ]1 ,,~i't~,. o~wo ~ ~v~a ,~[f Florida II UTILITY EASEMENT A Parcel of land in Section 27, Towuship 46 South, Range 42 East; described as follows: BEGINNING at the Southwest corner of the following described property: A Parcel of land situate in Section 27, Township 46 South, Range 42 East, Palm Beach Counly, Florida; and being more particularly described as follows: The Easl one-half (E 1/2) of the Northwest one-quarter (NWl/4) of the Northeast one-qua~er (NE 1/4) of the Southwest one-quarter (SWI/4) of said Seclion 27, less the North 525.56 feet thereof. TOGETHER WITH the West one-half (WI/2) of the East one-half (El/2) of the Northeast one-quarter (NEll4) of the Southwest one-quarter (SWI/4) of said Section 27, less the following three parcels: the North $25.56 feet thereof, the South 30 fee[ thereof, and the East 20 feet thereof. The above described parcel contains 7.006 Acres, more or less. thence Nmlh 89°23'49" East along tile southerly line of said parcel, a distance of 13.30 feet; thence North 28004'54'' West, a distance of 15.48 feet; thence North 00017'02" West, a clislance of 2.24 feet; thence South 89042'58'' West, n distance of 6.00 feet; thence South 00°17'02'' East along the weslerly line of said property, a distance of 16.00 feet to the POINT OF BEGINNING. SUB.IECT TO easements, restrictions, reservations, covenants and fights-of-way of ~ecord. NOTES: I.- Bearings shown hercou are based on a bearing of North 00° 32' 00" West along tie Weal line of Section 27 -T46S-R42E. 2.- Description derived from an original survey of the property by Stanley/Wantman, Inc., dated 6/10/88. CERTIFICATION: I hereby certify that the Graphic Depiction and Legal Description shown hereon are tree and eonect to the best of my knowledge and belief, based on field work performed on April 14th., 1998; and that said Depiction and]Description conform to the Minimum Technical Standards adopted by the Board of Professional S.(lrveyors and Mappers in Chapter 61 Gl 7-6, Florida Administrative Code, pursuant to Section 4~7, Florida. $1alules. Manuel ~b,,.Gutitrrez Professiona'[ Smvevor & Mapper Fla. Reg. #4102 SURVEY SOUTH, INC. 101 SE 6th Avenue Delray Beach, FL 33483 Sheet 1 of 2 West Line of Sect. 27 'PBC Dotum) C" 0 x ~ 0 0 < 5' ~o 0 0 ~ 0 ~ ~0~ --' I / ~Z o o ~ o ~oc 30' ~ 5 ~3~.~' . JOG ROAD East Line of the Wl/2 of Sect. 27 (PBG Datum) S~ CITY OF DELRIIY BEACH CITY ATTORNEY'S OFFICE .:~,, Nx3,' 1st AV][~NUE · DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/27S-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH AIl.lmerica City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Easement and Right of Entry Agreement with Dr. Robert Flanagan - Bermuda Gardens Road Dr. Flanagan granted the City the attached easement in return for the City paying him $1,500.00. The easement will allow the City to install water and sewer lines within Bermuda Gardens Road. At the current time, the City has a six inch water main within the private road. The easement, in combination with other easements, will result in better water service and allow the homeowners to connect to sewer service. Due to the fact that Dr. Flanagan already connected to City sewer and water along A-l- A, he was not willing to voluntarily provide the easement. Thus, Environmental Services negotiated the $1,500.00 payment. A condemnation proceeding would have been more expensive and time consuming. Along with the easement acceptance, the Commission should also consider approving the Right of Entry Agreement. The agreement permits the City to enter onto Dr. Flanagan's property for construction of the water and sewer lines. If you have any questions, please call. DNT:smk Attachment cc: 9/David T. Harden, City Manager Alison MacGregor Harty, City Clerk Dick Hasko, Director of Environmental Services Randal Krejcarek, City Engineer Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. Ist Avenue Delray Beach, Florida 33444 Z.~.SEMENT DE~D THIS INDENrtlR£, made this ..~ day of ~'~ ~ , 1998, by and between ROBERT W. FL~AGAN, a single m~, wi~ a mailing address of 4966 G~dview Drive, Peoria, IL 61614, p~ of~e flint pa~, and the CITY OF DEL~Y BEACH, FLOffiDA, xvith a mailing address of 100 N.W. 1st Avenue, Delmy Beach, Florida 33444, a municipal co~oration in Palm Beach County, Stare of Florida, pray of the second p~: WITNESSETH: That the pa~y of the flint p~, for and in consideration of the sum of Ten ~d 00/I00 Dollars ($10.00) and o~er good and valuable considerations to it in h~d paid by ~e said pray of the second p~ the receipt of which is hereby ac~owledged, does hereby grot, b~gain, sell ~d mleme unto the pray of the second pan, its successors ~d msigm, a fight of way ~d pe~etual easement for the pu~ose off installation ~d m~nten~ce of public utilities wi& ~11 ~d free right, libe~y, and authority to enter upon ~d to install, operate, and maintain such utilities well under, across, t~ough ~d upon, over, under or wi~in ~e following described propeay located in Palm Beach County, Florid~ to-wit: See E~ibit "A" Concomitant and coextensive with this fight is the further fight in the party of the second party, 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. That this easement shall be subject only to those easements, restrictiom, 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. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to thc prcperty owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good fight and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the party(ies) to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF T, HE FIRST PART · P~nt Na~e~'/'-d~-~ ~-----' Print'~.'~e: · I Social Secunty WI'~ESS g2~ Print Nme: ~ ,, STATE OF co TV OF The foregoing i~tmment was 9c~owledged ~fog me ~s day of , 1998 by ~~ ~ ~~. He is ~rsonally ~own to me ~r has produced as ~entification. fl~a.ded S~m/e of Nom~ ~blic -- --101, 08' · ~-10° WA TEA AND ~tl ~ SEWER EASE~ENT~ eERAtUOARO ADGARDENS ~.~ ~ BE G~NING [~Asr-wEST OUARTER L~ O~ SECTION 28/46/45 OE$ CRIP TION: A PARCEL OF LAND IN SECTION 28. TOWNSI#P 46 SOUTH,, RANGE 43 EAST DESCRIBED AS FOLLOWS: BEGINNING AT A PoINr IN A L~VE PARALLEL TO AND 1200.00 FEET NORTIIERL Y (JtEASUREO AT RIGItT ANGLES) FROM TIlE EAST-WEST QUARTER SECTION LIVE OF SAID SECTION 28. SA~ POINT OF' BEGINNING BEING ON T~ WEST R~llr or po~r oN THE WEST R~IlF ~ WAY L~E OF STATE ROAD A-I-A; T~NCE SOUrl~RLY. ALONG TI~ WES[ R~HF OF WAY L~ OF STATE ROAO A-t-A. THRU AN ANGLE O~ ~3'50'~0 ~R~ rile PRECEDED COURSE. A DISTANCE 10.06 FEET rD rile Po~r OF BEG~G. J~N N. 'SUITER SUrvEYOR O'BRIEN, SUITER & O'BRIEN, INC. EN~NEERS, SURVEYORS, LANO PLANNERS CER r~A rE NOTES: 5~YOR A~ MAPPER ~ RESP~E Q~R~: ~1~ N. 5~rER Tiffs I$Nor A SURVEY 2601 NORTH FE~RA[ ~HFA~ O~RAY BEAO( F[~eA JJAaJ (561) 276-4501 752-J279 FAX 276-2590 28/4~/4~ - SECTION 2B, TOIVNSlt~ 46 SOUTII. RANGE 43 EAST SC~te I" = 20' NOV. 26, 1996 96- 214 "D" RIGHT OF ENTRY AND LICENSE AGREEMENT FOR PAVEMENT AND DRAINAGE CONSTRUCTION PROJECT: Bermuda Gardens Roadway and Public Utility Construction PROJECT NO. 97-004 PARCEL NO. 12-43-46-28-00-000-1140 PROPERTY OWNER: Robert W. Flanagan 1035 Bermuda Gardens Road Delray Beach, Florida 33483 THIS AGREEMENT entered into this ~ day of ,1998, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY), and ROBERT W. FLANAGAN, referred to as (OWNER), provides as follows: WHEREAS, the CITY desires to complete pavement, sewer, and water line construction and/or modifications associated with the above-named project, which is located at the property described below; and, WHEREAS, the CITY has determined that the improvements are necessary to protect the public health, safety and welfare; and, WHEREAS, in order to complete said pavement, sewer, and water line construction, it is necessary for the CITY to enter upon and perform various construction tasks on the following described property which is owned by OWNER: See Attached Exhibit "A" and; WHEREAS, as part of this project, the CITY will remm the disturbed area to like or better condition than prior to construction, and provide a pavement overlay for the roadway and connect the water and sewer lines to the existing system. Page 1 of 3 NOW, THEREFORE, in witness of the above the parties agree as follows: 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. In consideration of the CITY agreeing to pay OWNER One Thousand Five Hundred and 00/100 Dollars ($1,500.00), and to conduct the aforesaid restoration, OWNER hereby grants unto the CITY, the easement attached hereto as Exhibit "A", and grants unto the CITY, their employees, agents, contractors, sub-contractors, and/or assigns the license the right to enter upon said land of OWNER for the purpose of constructing the project. 3. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. WITNESSES: OWNER _ Social Security #: (Name Printed 9r Typed):... (Name Printed or Typed) The foy~going instrument was acknowledged before me this ~ day of ~ , 1998 by ,d~~~.c~.~,~-,~-~ (name of person acknowledging), who is personally known to me or who has l~oduced -' ' (type of identification) as identification. ~g~ndtu~e of Notary Public m Josephine W. Brodb~4:~( ! Nota~ Pubtic, State o! Illinois Page 2 of 3 CITY OF DELRAY BEACH, FLORIDA By: ATTEST: Jay Alperin, Mayor City Clerk Approved as to Form: City Attorney bermuda, agt Page 3 of 3 0o.o' ' ~POIN ~ OF BERMUDA GARDENS BEGINNING R OA 0 ~ [~AS~--WES~ OUARTER SECTION LINE OF S&CTION 28/4~/~3 DE$CRIPTiON: A PARCEL OF LAND IN SECTION 28, TOWNSHIP 46 50UTH, RANGE 43 EAST DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A LINE PARALLEL TO ANO I200.00 FEET NORTHERLY oMEASURED AT RIGHT ANGLES) FROM TH~ EAST-WEST QUARTER SECTION LINE F SAID SECTION 28, SAID POINT OF BEGINNING BEING ON THE WEST RIGHT OF WAY LINE OF STARE ROAO A-I-A; THENCE WESTERLY, ALONG SAIO PARALLEL LINE. A DISTANCE Or I00.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO EXHIBIT A THE PRECEOING COURSE', A OISTANCE OF 10.00 FEET; THENCE EASTERLY AT ,~lGHr ANGLES TO THE PRECEDING COURSE. A DISTANCE 0~' I0,.08 FEET rO A SHEET I OF 1 POINT ON THE WEST RIGHT OF' WAY LINE OF STATE ROAD A--I-A: THENCE SOUTHERLY., ALONG THE WEST RIGHT OF WAY' LINE OF' STATE ROAO THRU AN ANGLE OF' 85'50'J0' FROM THE PRECEDING COURSE. A DISTANCE OF' I0.06 FEET 1'0 THE POINT OF' BEGINNING. JOkiN N. 'BUTTER SUt~EYOR & MAPPER t~1314 LICEN$~ SURVEYOR ANO MAPPER. O'BRIEN, SUITEI:? & O'BRI£N, INC. ENGINEERS, SURVEYORS, LAND PLANNERS C£RTIFICA TE OF AUTHORIZATION !'LB353 NO res: SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: JOHN N. SL~TER rttlS IS NOr A SURVEY 2601NORRt FEDERAL F(iGHIFAY, DELRAY EEACI], FLORIDA 3348J (561) 276-450! 752-3279 FAX 27~-2590 28/46/'4J =, SECTION 28, TOWNSHIP NOV. 26. 1996 1"= 20' FE[O 800K 'PA~ HO. IORDER NO.: [ITY OF I]ELARY BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH AII.Amedca City M E M ORA N D U M 1993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Agreement with ~elISouth Cot Provision of Frame Relay S¢~icc This Agreement provides that ~ellSouth shall maintain a flame relay se~ice in order to provide a high speed communications link between BellSouth Cacilities and the City's System. This Link is needed to support the AS400 Public Safety System regarding communications with police vehicles. It is also needed to provide communications to an intcrn¢t provider For intcrnct high speed access with the City's network. This Agreement is fbr a 5 year period and will cost $465.00 p¢~ month pl~s a~ End User Common Line Charge. The End User Common Line Charge is c~rrenfly $8 17 per month and could be subject to a slight periodic increases. Currently, the totally monthly charge would be $473.17. By copy of this memorandum to David Harden, City Manager, our office requests that this item be placed on the May 19, 1998 City Commission agenda tbr approval. Please call if you have any questions. cc: David Harden, City Manager Alison Harry, City Clerk Richard Zuccaro, lntbrmation Systems Manager Prff~ted tv; Recyclerl P~?er AGREEMENT This Agreement is made and entered into this __ day of , 1998 between the City of Delray Beach, Florida, ("City") and BellSouth Telecom~nunications, Inc. ("BellSouth"). In consideration of the mutual benefits, promises and understandings hereinafter set t'brth, the parties hereby agree as follows: 1. BellSouth shall/hrnish, install, maintain and provide maintenance for Frame Relay Service ("Service") and Broadband Exchange Line Service ("Service") in accordance with the Company's lawfully filed tariffs attached hereto as Exhibit "A". 2. The term of this contract shall be tbr a period of five (5) years and shall cmnmence once this Agreement is executed by both parties and the Service is installed and operational. 3. The City shall pay BellSouth the amount of $465.00 per month and this tee shall remain constant throughout the term of the contract. There is also a monthly End User Common Line Charge that can fluctuate periodically. However, it has been represented to the City by BellSouth that this charge has only increased by minimal amounts in the past four years. Currently this charge is $8.17 per month. The two monthly charges mentioned herein are the only charges that are the responsibility of the City under this Agreement. It is recognized that other rates applicable to other services provided by BellSouth, including but not limited to, feature charges and private line channel services, that are connected to Frame Relay Service, may be increased during the term of the Agreement. 4. In the event that any item of the Service is terminated prior to the expiration of the service period, the Subscriber shall pay a Termination Liability Charge as specified in the tariff. The Termination Liability Charge is determined by multiplying the number of months remaining in the contract payment period, by the contracted monthly rate, by 90 percent. However, the provisions of this paragraph shall be subject to the provisions of Paragraph 12. 5. At the expiration of the Agreement, the City may continue the Service according to renewal options provided under the tm'iff. If the City does not elect an additional service period, or does not request discontinuance of service, then the above Service will be continued at the monthly rate then currently in effect for month-to-month rates. Service periods may also be renewed prior to expiration in accordance with regulations and rates then in effect. 6. Suspension of service is not permitted t'br Frame Relay Service or Broadband Exchange Line Service. 7. The City agrees to pay any added costs incurred by BellSouth due to a City initiated change in the location of the Frame Relay Service prior to the time it is placed in service. 8. In the event the Service requested by the City is canceled prior to the establishment of Service, but after the date or ordering reflected herein, the City is required to reimburse BellSouth fbr all expenses incurred in handling the request befbre the notice of cancellation is received. Such charge however, is not to exceed the sum of all charges which would apply if the work involved in complying with the request had been completed. 9. Subject to the current provisions of applicable tariffs, the City may arrange to have existing Service under this Agreement moved within the same premises. The City agrees to pay a non-recurring charge based upon the estimated cost of such rearrangement without interruption or change in the monthly rates. 10. Service may be transferred to another subscriber at the same location upon prior written concurrence of BellSouth. The new Subscriber to whom the Service is transferred will be subject to all tariff.provisions and equipment configurations currently in etlEct for the City. 11. BellSouth shall not, xvithout prior written consent of the City, assign any portion of its interest under this contract and, specifically, BellSouth shall not assign any moneys due or to become due without the prior written consent of the City. 12. All provisions of this Agreement calling for the expenditure of ad valorem tax money by the City is subject to annual budgetary funding, and should the City fail to fund its obligations pursuant to this Agreement, this Agreement may be terminated. 13. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 14. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida 100 N.W. I st Avenue Delray Beach, Florida 33444 As to BellSouth: BellSouth Business Systems, Inc. Suite 1220 6451 North Federal Highway Ft. Lauderdale, FL 33308 15. This Agreement contains the entire contract, understanding and agreement of the parties for and during its term, and no change or amendment hereof shall be binding unless set forth in writing and executed with the formality of this Agreement. Witnesses: _~ BellSouth TelecoFmunications, In~c. (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF ~~/D The foregoing instrument was acknowledged before me this day of ,,r~ 1998 by ]~ o n ct ~ ~ ~ RI e ~ (name of officer or agent, title of officer or agent) of BellSouth Telecommunications, Inc., a Go.,Ovn ,'a. (state or place of incorporation) corporation, on behalf of the corporation. He/Sh~ i'~sonally -l~h~-W~,to me or has produced ~o~.~r~ ~ ~). (type ofidentification/~s identificationi?c1 Signature of Notary Public - State of Florida Attest: City of Delray Beach, Florida City Clerk Jay Alperin, Mayor Approved as to legal form: bellso.agt BELLSOUTH BellSouth Business Systems, Inc. Suite 1220 6451 North Federal Highway Ft. Lauderdale, FL 33308 March 9, 1998 City of Delray Beach ATTN: Brian Shutt 100 NW 1st Avenue Delray Beach, F1 33444 Dear Mr. Shutt: Attached is a copy of the BellSouth Fast Packet Tariff, sections 40.1 through 40.11. These sections cover Frame Relay service. I am sending this copy at the request of Ken Fichter. If you have any questions, please contact Ken at 954 351-3943. Sincerely, Cathy Graveline Service Consultant Ot~qCIAL APFItOV~D V~iON. ~ BY BSTHQ BEL~OUTH GENERAL SUBSCRIBER SERVICE TARIFF Fitsi Ravis~d Page 1 TI~.L~CO~CATIONS, INC. Cancels Original Page 1 FLORIDA ISSUED: February 2~, 199/ EFFECTIVE: Ma~.h 12, 199'/ BY: Joseph P. Lather, l~sident -FL Miami, Florida A40. FAST PACKET TRANSPORT SERVICES A40.1 Frame Relay Service A40.1.1 GeaerM A. Frame Relay S~-rvic~ is a conn~ion-ori~nted dam mmspon servi~ based on paci~ switching technology. il. Frame Re. lay S~ic~ p~vides flexible coune~ivity using ~t Virtual Cji'cults (PVCs) implemented over digital facilities operating at Iransmissinn speeds of $6 Kbps, 64 Kbps, l~ fibs, 1.$36 Mbps, C. N~'wmk interfa~ sp~-~ificatinns for Frame Relay Servic~ a~ contained in the following documems: - ANSI Tl.617-1~)l, ~inmgramd S~vices Digital Net~mtc (ISDN) - Digilal Subscrib~ Si~aling Sysmm No. I (DSS l) -Signaling Specification for Frame Relay S~rvice', Am~icm Natiomd Stmda~ds Instim~., April 1991 and ANSI T1.61g-1901, 'in~a~ed S~wices Digital Netw~k (ISDN) - Con~ Aspecls of Frame Relay lh~o~ol for us~ with Frame Relay Bea~r Service", Am~i~an National Standards Institme, April l~)l. Both ofth~se documents may be onlemd from: Americaa National Smadanis Insfimt~ C-_~_omer S~rvice I i Wast 42nd S~r~t NewYork, NcwYork 10036 - Document No. 001-208966, ~Frame Relay Specification with Ex~nsinn Ba~d on l~ropos~ TISI Standards#, II, vision 1.0, Digital F. quipm~nt Co~l~rafioa, No,hem T¢lcom, Inc., ami SlraiaCom, Inc., S6l~ember ord~a~l from: Frame Relay Forum 480 San Antonio Road Sutie 100 Monntain View, CA 94040 - TR-73587 Frame Relay S~rvice Inteffa~ and Performa~ Specifications. This document ma), be orden~ from: 26th ~ (e) Bkmingham, AL 352~$ ¢O D. Frame Relay Service, as provided for in this Tariffseciion, is ofl~a~l for i~'aLATA use only. this ami other Tariff~ of the Compeny. F. The rams ~d char~s s~t fol~h for Flame Relay S~vic~ p~vi~ for thc furni_~h~ of servic~ ~ suitable facilities a~ G.Frame Relay Servic~ is only available when l~wtid~l in conjuactien with Broadband Exchan$~ Line S~rvice. Specifications for Broadband Exchange Linc S~rvi~ a~ oonU~a~l in A40_~ ofdgs TarifE ~ Ig~PBDDA'I'g:03/]~ i~l~.~OTl~ 10:32AM B~.LqOUTH GENERAL SUBSCRIBER SERVICE TARIFF F'ust Revised Page 2 TELECOMMUNICATIONS, INC. Cancels Original Page 2 FLORIDA ISSUED: February 25, 1997 EFFECTIVE: Ma~ch 12, 1997 BY: Jo~"ph P. Lacher, Plzsident -FL Miami, Florida A40. FAST PACKET TRANSPORT SERVICES A40.1 Frame Relay Service (Cont'd) A40.1.2 Regulations A. Explanation of Terms 1. Customer Connec~on to Frame Relay Service The Customer Connection provides the customer with ~ standa~ intm~m~ to the Frame Relay Service network. This (c~ interface receive~ the dam ~.~me from the customer's n~twork or devi~e md veal§es that ~he DLC! is valid befor~ r~laying ~ frame m lhe destination. In~lucled in ~e Customer Cosm~o~ a~e the customers t~rminn~iOn on the Frame l~lay Se~vi~e switching equipment, lh~ mmsport from Ihe Serving Area Point to the switching equipment, and the DLCI. These interfa~s ~onne~t ~he Frame R~iay Service network wi~h digital facilities open-ating at transmission speeds of 56 Kbps, 64 Kbps, 1~8 ~, !.536 Mbps, ~' ~.~0 7. Frame R~iay Se~ic~ Network Serving Area Certain Company Central Offices ar~ designa~i by ~he Company as Serving Ar~a Points for the Fmne R~lay Service Network Serving A~a. A customer accessing Ihe Frame P~lay Service n~twork, whose Serving Wi~ Center is designated a Serving Area Point, m~uires a Broadband Exchange Line-Fast ~ Option (FPO) as described in A40.~ of this TarifK A Frame R~lay Service _~_,~_nmer, whose Serving Wire Cen~n- is not designated a Serving Area Point, will use a Broadband Exchange Line-FPO to Ihe Win~ Cent~', as ~.ll as, the Broad, nd Exchange L~ne Extension-FPO (also desc~bed in A40..~ m ?in ~ to the ~iosest designa~d Se~ing A~a Point. 3. Pem~ment Virtual Cim~it (PVC) A sot~a~: cle~nned d~t~ path ~g d~n within the Fran~ l~lay Service netwodc between two Customer 4. Data Link Conne~on Identifier The Frmne Relay standard specifies an address field called ~he Data l~nlr Connection Identifier (DLCI). The DLCI specifies a ~mne~t/on. When any two DLCL~ are mapped together, a PVC ~an be created. 5. Commit~l information Rate (CIR) Committ~cl Information Rat~ is a feature that enables lhe cmtmner to select a sustained ti~uughpm under normal conditions. A CXR must be sele~M for each DLCX. A CIR selec~d with a value gn~ater thnn ~ero has a separa~ cha~e from any DLCI charges. Frames sul~nitted st a rate above th~ subs~i~ CIR will be mnrk~ "discard ~ligible· (DE) and, should nem~rk congestion occur, a~ subject to being dropped by th~ network. IfCIR is set equal to z~o, Ihen all frames will be mark~ DE. However, in th~ absence of network conges~on, DE marked frames will be mmsport~d wilh the same ~.lia~ilit~ as frames not mariced DE w/lltin a single., Company Frame Relay Swil~:h. The CIR value selected c~nnot exceed the minimum U~nnnission speed of lhe link n~ eilher end of lhe FVC. In addition ~o any spe~fi¢ optional featu~ c~mrges, a Feature Omn~ ~ applies whenever a change is made (at the customers request) to a single optional festt~ fo~ a single msmmer within a sin~e n~-m~4t confi~omion on a single A Feature Chnng~ Charge is applicable if the "first" DLCX, th~ one included with ~he Customer Connexion, is moditled. BELLSOUTH GENERAL SUBSCRIBF.R SERVICE T~RIFF Fire Revised Page 3 TEL£COMMUN]CATIONS, INC. CanceLs Original Page 3 FLORIDA ISSUED: February 2.5, 1997 EFFECTIVE: Mafl:h 12, 1997 BY: Joseph P. La~hcr, President -FL A40. FAST PACKET TRANSPORT SERVICES A40.1 Frame Relay Service (Cont'd) A40.1.2 Regubffions (Cont'd) A. Explanation of Terms (Cont'd) 7. So, hE Aru Pob~t (SAP) A Company Central Office that is designated as a member of the Frame R~lay Service Network Serving Area. (Sec thc definition of Frame Relay Service Network Serving Asu pm~iinS_) B. Basis of Offering I. Dmiled monthly billing is not provided. 2. Suspension of service is not allow~l. 3. Obligations of Customer and Company a. The Company is not responsible for ~hc installation, operaliee, or maintenance of any equipment provided by the b. The customer is responsible for thc provision and mahtenance of ail Customer Provided Equipment (CP£) and to cnsm~ that the operating charm:~istics of rhl, equ/lnf~ a~ compat~l¢ with and do not interfe~ with the service c. The maximum number of DLCIs per Customer Connecfon is subject to the characteristics of thc customers dm traffic.. Thus, thc number of DLCIs l~r Customer Connection must be n~gotiated between the customer and thc Company at the esmbll-qhmcnt of the Customer Connection and subsequ~t to the establishment should the traffic charm:troPics change. A maximum of2~0 DLC3s may be established across a single Custome~ Connection. d. Thc Company Lq authori2~ to provide Frame RgJay Service for use in applicalion teeing subjm m the r~gulafiom (c) set forth in A2~.I 1. Up to 4 C~_~er Coonf~mm, with not mot~ than 3 Custom~ Connections operating ut the same transmission speeds, may be u*i~i-,~ in ~ typical 8t~dications test configuration. The Company is authorized to clcviat~ from ,h~ average in order to fully pflicipa~ in m application test with a customer which cannot o*herwise I~ p~form~d to the customer's -~'_~qifncl~n. ~ ~ b net m,~ahle for 44~1# ~ Cu~omer 4. I~ o~d~r to maintain tl~ qualit~ of Frm~ Rr. hy S~vi~., ~t~ Compmy te~-~vzs th~ right to perform pe~ventiv~ maint~nmc~ of sofi~m~ updat~ to ti~ ne~x~rk. This could n~mit in Frame Relay S~rvic~ b~ing unavail~bi~ during th~ time period betw~n 2:00 A.M. and 4:00 AM. Eastern T'un~ on my giv~ WeMm~lay or Sunday morning. How~v~, th~ Company only expects to utiliz~ this maintmm~ whMow fa' my given switch on the av~ag~ of on~ s qume. in addition, th~ Compmy will ~ every re~onab~ effofl m provid~ advanc~ notic~ to thos~ o~stomm liic~ly m b~ ~. The minimum S~x, ic~ p~iod is o1~ motllh. C. Provision of S~rvic~ 1. Rat~ md ~ug~s ~ontained in this Se~ion of tl~ Tarifl'ctmsist of the following elements: ~ Customer ~ to Fram~ R~lay Service b. Frm~ P~iay ~rvi~ Fcatu~s BELLSOUTH GENERAL S~ER SERVICE TARIFF Second Revised Paae TELECObiMUNICATIONS, INC. Cancels Fi~'t Revised Page 4 FLORIDA ISSUED: February 2~, 199/ EFFECTIVE: March 12, 1997 BY: Jo~ph P. Lather, Pl~ide~t -FL A40. FAST PACKET TRANSPORT SERVICES A40.1 Frame Relay Service (Cont'd) A40.1.2 Reguintiom (Cont'd) C. Pmviainn of S=vice (Cenfd) 2. Ceftin Company Ce~trai Offices a~ designated by the Company as Serving A~a Points (SAPs) for the Frame Relay Service Network Scvving ~ A customer acr.~ssing th~ Frame Relay Sewice network, who~ Serving Wh~ Center is dcsignst~l a SAP, will only requ/~ a Broadband F. xchang= Line-FPO as desorib~d in Se~tinn A,IO.5 of this Tariff. A Frame Relay Service customer, whose Serving Wire Center is not designat~ a SAP, will r~fire a Broadband Exchange A40.$) to ~in ~ to the closest d~ign~te~l SAP. 3. Thc Customer Connection ra~ nl~mnnt includes thc cmtonm~ ~ from a S~ving Ar~ Point to thc Fnnne Relay Ser¥ice switd~ing ~luipmont, thc cmtom~s termination on thc Frame Relay S=vice switching equipm=nt, md one DLCL 4. Se~vic= Charges for Frame Relay Service a~ includ=d in thc re--ye non~ charges sp~cifi~cl herein. Service Charges from S~fion A4. of this Tariff m~ not applicable. 5.Should a ~_,~_,~m~r, having locations/n mot= tlum one Frame Relay Network Serving Area within a LATA, desire to sond ~ traffic be~xv~ these locatiom, tl~ customer can intzt~onn~t th~ locatiom tlmmgh tw~ options. With thc first opt/on, tl~ customer ~abscn'b~ to additional Customer Conn~fiom e=mbi~d to suppt~ Inter-S~ving Area connectivity ami ~ Exchange ~ Extzn~on-FPOs. Thes~ additional ra~ ¢i~monts will I~ usoci solaly to a~as in th~ sam~ LATA md may allow cmtomers to share bandwidth on these f~cilities. Where thcs= shared facilities a~ available to customer, the socond option =x/sts. With thc sesnnd option, the mstomer must establish one or more Inter-Netwodc Se=ring ~ l~in~ that cxtmd betwe=~ Fonn¢ Relay switch~. Each ofth~ I~ has m msocist~i vain=. Charges for tho Intor-N~work S~ving Aha l;n~ ~re appliM as follows: - no DLC~ dames apply. 6. In some ~ tl~ Company md another LEC, that off, rs Frame Relay t=chnology, will jointly cotmoot Fram= Relay switching =quipmont within a LATA to provide ~stom=~ th= ability m int~zamect ~ Iocstiom s~v~cl by tho d~t LECs. In order to utiliz= th= Company's pmlion of this jointly provided cnnn=ction, thc customer mus~ subscn~ to on~ e~l of an Inter-Network S~ving A~a Link and thc assoc~mzl CIR. D. Contrsct Plans I. ConUaot plato m availabi~ under enmiifiom speclfi~ in th~ Fast Pacl~ Services Paym=m ~ i~ A40.10 of this T~ a. TermpoymmtPImA-payme~tpetiodsmsybeselect=dfrom 12 to 36 mnnths. b. Term Payment Plan B o payment l~'riods may b~ sele~=d from 37 to 60 mnnths. 2. Providezl the applicable conditions set froth in A40.10.4.B. ~ sstisfi~l, a T~minafio~ l;,,h~ity Charge will not bu applicable st fl~ d~ oftmninstion, ifwior to fnlh'ilin_= th~ p=rind of the contr~t plan: tl~ customer m,,,_~--,* or d~ Franc Relay S~rvies for cusmm~ n~ue~zl chang= to SynchmNCqs=rvic~ Og b. thc customer requests a change to a k/gk~r speedofFmn~ Relay Servicr~ (O or or d.the customer has an =xisting Frm~ Relay S~vice Customer Connoctinn operating st less tlum 1-536 Mbps but gre~er tlum 64 Kbl~ md tlu: customer require a chang= to ~mhor spell of Frame Relay S=vice or CDS less than MaI~M Izev/amly ~ on um pege nowaRze~ m pege(s) 5 of this ~ ~t~l.!_~O~ ~ S~S~ S~ T~ Se~nd ~ ~e 5 ~I.~CO~CA~ONS, ~C. C~ F~ ~v~ P~e 5 ISS~: Fe~ ~, 1~7 ~~: ~ 1~ 1~7 BY: J~ P. I'°~, ~i~t -~ Mi~, ~da A~.I~ ~ ~d ~a~ A. C~ Co~ to F~e ~1~ ~i~ l. A minlm~ of one C~ Co~on ~ m~ ~ ~m~ ~ ~ ~ F~e ~hy ~i~. ~ ~m~ Co~on ~u~ ~e D~I ~on~g US~: ~I). ~ou~ A B Nonage To 12 Ch~ Mou~ M~ Mou~ US~ (c) ~ 112 ~ (d) ~ 128 ~ ) ~ 192 ~ ~%)~ ~ ~6 K~ i 320 ~ -,~ ,,: ..8~ ~ 576 ~ (m) ~~ (o) ~ ]~4 ~ (~ ~ ] ~6 (r) ~ ~]0 Material ~ nl~m~n~ m ~s pm~now q~m m psge(s) 5.0.1 of this ~ BELLSOI. rl'H GENERAL SUBSCRIBER SERVICE TARIFF Orig/~al P~¢ 5.0.1 TELECOMIVlUNICATION$, INC. FLORIDA ISSUED: February 25, 1997 EFFECTIVE: March 12, 1~97 BY: loseph P. {_~,~_h~, President -FL Mismi, Florida A40. FAST PACKET TRANSPORT SERVICES A40.1 Frame Relay Service (Cont'd) A40.1.3 Rates a,,d Cbar~es (Coat'd) K Frame Rela~ S¢~ic= Feaam= Charges I. DLC3 a. Additional Od) (I) Per Customer Connection Od) NonFecgrrJm~ Month{~ CharL, e Rate USOC (a) Each S2S.oo s2.o0 FRVDX 2. Committed Information Rate (CFR) Od) a. The chosen CIR cannot exceed the minimum Wn-q~ission speed ofthe link at either ~d of ~¢ p¥C. Od) (!) Per DLCl (a) o~ FRVRO 02) I thnt 32 ~ 8.00 FRVR3 Od) (c) 33 th~ 56 Kbps 12.O0 FRVP. S Od) (d) 57 thru 64 Kbps 1~.O0 FRVi~ (=) 6~ thn~ 12S Kbps 19.oo FRVRi Md) (0 129 ~ru 256 lO~ 29.OO FRVR2 Md) (g) 257 ttnu 384 IOmps 41.00 FRVR4 Md) 02) 385 tbm ~!2 k'bps SLO0 FRVRS (0 513 ~ 768 Kbps - 92.00 FRVR? 0) 769 Kbps thru 1.536 Mbps 14o.00 FRVR~ (k) 1.537 thru 4 Mbps 200.00 FRVRJ (!) 4.1 thru 10 Mbps 2'/O. O0 FRVRK (m) 10.1 thru 16 Mb~ 6SO.00 FRVRL (n) 16.1 thru 34 Mbps 1,700.o0 FRVRM (o) 34.1 thru 44.210 Mbps - Z;ZO0.O0 FRVRN 3. Fe~e Change Charge Od) (a) Per occur~nce, per feam~ 2s. oo FRVI~ Aimnial appcmnf on ~i- pege ix~..¥/ou~ q:~us~d on psge(s) 5 of this sec~t BELLSOUTti GENERAL SUBSCRIBER SERVICE TAR/FF Fit~ K~vi.m~.d Page ~.1 TELECO~CATIONS, l]q'C. Canals Ori_~6,,al Pagu 5.1 FLORIDA ISSUED: February 2~, 1997 EFFECTFVE: March 12, 1997 BY: Jos~mh P. Lac. hat, Pr~d~t -FL Mi~ni, florida A40. FAST PAGKET TRANSPORT SERVICES A40.1 Fram~ R®lay $®tvi¢~ (¢ont'd) A40.1_~ l~tes ~d Cblrge~ (Coot'd) Fmn~ R~lay Service Fr~re Charges (Con~d) 4. Inte~-Network Servi~$ Azr~ Link a. Pe~ EndofL~l~ Nonr~urr/~g Monlhly Ck~rg~ Rate USOC (a) l~' establ~-~hm~nt 10.~0 FRVLE (2) Cm (a) 0 tluu 32 Kb{ms - 10.~ FRVL3 Lb) 33 Umm $6 {Clops (d) 65 thru 12~ KI~ - 20.00 I~TVL~ (e) 129 thru 2~6 Kbims - 3s. ne FRVL2 (O 2~7 thru 384 lCJ:~us SS. ne FRVlA (g) 3~ thru 512 Kbps 7o. oo FRVL8 (h) 513 thru 768 ~ lSO. ne i~VL? (i) 769 Kbps thru 1.536 Mbps z2s. ne FRVI~ 0) 1.537 thru 4 Mbps ~o. ne FRVIJ (N) (k) 4.1 thru 10 ~ ~O. ne FRVLK 04) 0) 10.1 thru 16 Mbl~ (m) 16.1 tln'u 34 Mbps (n) 34.1 thru 44.210 Mbps - OmOAL APi'XOV~ VEXSiO{~ {t~.A.m~ uY ~'m~ BEL~OUTH G~ ~S~ S~ T~ ~ ~ge 14. l ~ -~CO~CA~ONS, ~C. ~O~A ISS~: F~ ~, 1~7 E~~: ~ 1~ 1~7 BY: l~ P. ~, ~t -~ ~, ~da A40. FA~T PACK~ T~N$~ORT SERVICES A40.5 Broadband ~chan9e Line $e~ice ~ A~3.1 ~m~l ~) · B~bmd ~g~ ~ S~ ~ ~ie ~d~ ~. ~ ~ ~ ~ ~fic m &~ o~o~ ~ ~ ~ 1~ ~o~ of~ T~ff~on. ~ F~ ~ ~ ~ ~m~ ~ A~.~.3 foB~g. C. N~ k~ ~fi~ ~r B~ ~ge ~ S~ia m ~ k ~l~ou~ Te~i~ ~f~ ~ ~90. ~m ~b~ ~ ~ie ~: ~1~ Te~m~ ~; ~) ~~on ~ ~ ~ ~ (~(~ D. B~d ~ ~e ~i~ ~ ~vi~ for ~ ~ Tmff~ ~ o~ f~ ~TA ~ ouly. ~) ~m ~d o~ T~ of~m C~. F. ~ ~ ~ ~ ~ fo~ ~ ~ ~ ~ S~ ~ f~ ~ ~g of ~i~ ~ ~!~ ~ f~H~ ~ ~ie. ~ ~ ~~ of f~H~ ~ n~, ~ m~ ~ may ~iy ~ ~ fo~ ~ S~ou ~. of~ Tmff. A~ R~hfions ~ ~ ~1~ of T~ ~ 1. ~d ~ge ~ ~) Mambi ~ Gu this pss~ ptzvioudy RRmemed Gu pege(s) 14 of this secfimL SECT:. 040 RHIIRO DAT~ 0]/J3;IF~ lRI/.O TIA~: 10:35 AH BELLSOUTH GENEI~ SUBSC~ER SERVICE TA~ Original Page 1 TELECOlVI~CATIONS, INC. FLOP~A ISSUED: July l, 1996 EFFECTIVE: July 15, 1996 BY: Joseph P. Lac. her, President -FL Minmi, Florida A40. FAST PACKET TRANSPORT SERVICES A40.5 Broadband Exchange Line Service (Cont'd) A40.5.Z Regalatioas (Coat'd) A. F..xplamgion ot'Tenas (Com'd) 2. Broadband Exchange Linc Extension When a cusmm~s Serving Win= Ccam' is nor a Serving A~a Point, ~ Broadl~md Exc. ba=ge Linc Extcnsinn is used com~'ct the Serving Wire Cea~'r m thc closes~ Serving Ama Point. 'Eh= Broadband Exchange Linc Extension is associated with ,, Broadinmd Excinmgc Linc. The Bmadb~d Excinmge Line F. xlmsion is measured on a per mile basis in airllm= miles ~om a Ccnmd Office not a Serviag Area Point m a Serving Ama Point. 3. Network Serving Ama C.=lain Company Ceatnd Offices are desigeatcd Serving An~ Point. A Network Serving Area is comprised of all the Serving A~a Points in a geographic ama. 4. Serving ^ma Point ^ Compaay Ccmnd Office tha~ is dcsilpmmJ as a mcmb~ ot'thc Network Serving Area. B. Basis or'OEo-ring 1. Derailed montldy billing is not provided. 2.Suspension ot'scrvice is not allowed. The minimum service period is one mouth. C. Conneaions The design, rnninl~nance, and operation of Broadband Exchange Line Service conl~nplntes dllla communications origimlting or terminating at stations of thc customer. 1. Oblignfions of Customer a. When cuslumer provided equipment (CP£) is connea~d with Bmadblnd Exchange Line Service, the c'u.smomer or au~oriz~ user must provide equipment lo perfonu the function of thc Digilal Tenninaliug Equipment (DTE). The DTE provided by the customer is required at a customers lmsmises m perfonu such funaions as: - Proper l~rminntiou of service -'Amplification - Signal shaping - Remot~ loopback b. Whe~ Broadband Exchange Line Service is available under this Tariff~ for use in counection with customer provided equipment (CPE), the operating cha~ of_~__,,J, equipmeut shah be suc~ as not any of the services oi~ by the Compeny. Such use is subject Ia the ft~ provisions that lh~ CPE does not enclnnge~ the safety of Compeny employees or the publl~ dmnage, require ~ in, or all~nltion of the equipment or other facllilies of the Company; interfere with the proper fimctioning of such equipment or fa~ifies; implir the Ol~On of the Compnny's facililies or othe~ injure the public in ils use of lhe Complny's se~ices. Upon uotice fium the Company that the equipment provided by a cuslomer is causing or is {ikely Io e,,,,~_ such haz~ or intm'fl:~-nce, the cuslomer shah ~ such steps as shall be ne~ to remove or pl~veut sudl It~ or Note 1: Text is shown as new due to reissue of all Tlliff Sections. No changes in farce or regulations were made with Ibis filing. 2a040014 R.EPRO DATE: 01/17/97 B~LI~OUTH' GENERAL S~ER SERVICE TARIFF Fire R~vised Page 16 TELECOMMUNICATIONS, INC. Cancels Original Page 16 FLORIDA ISSUED: Febn~'y 25, 1997 EFFECTI'IVE: Ma~h 12, 1997 BY: Joseph P. Lacher, President -FL Miami, Florida A40. FAST PACKET TRANSPORT SERVICES m A40.5 Broadband Exchange Line Service (Cont'd) A40.5.2 Regabtiom (Co,,t'd) C. Com~ectinas 1. ObligatJoas ofC.u.~omer (Cenfd) c. When CPE is co;mected to Broadband E.xcbang¢/./ac Service, {be _~_,~_nmer sludl be ~s"peasible for:. (l) Compatibility o£ the CPE to Bmadbead Excimnge ~ Service. Tiffs includes repJac~g thc DTE duc m tcdmoiog~ca] d]anges in the network, and (2) Testing a~l sectinaaUzafioa and c;~.~,,cc of m)uble cena;tinm or service difficuJties on any CPE wbica is d. The custom~s respomibiUty ~ai] include cooporadve testing with tbe Company as may be ~-cessary. 2. Respen~'bUity of the Company a. The Company shall not be ~xmsible tm' insmUalioas, openUien, or maintenance o£ any CPE. Where such CPE is =mmectm] to Comply facititias, the nspensibflity of the Corapaay dudl be timited to the freaking of faciiides proper tm- such s=rvi~=. Subject to ~Jfis ~pomibility, the Cmarm~ audi =or be n:spossibk~ for:. (I) The tluou~ Ummaissim siSaab genensed by suca =qaipmenr, or for thc qenaty of or detects ia, (3) Damage to CPi; provided by a custom=to an an~,orized usa' during ~:s~ag. b. The Company ~ -or be rmpoasib~ to {be customer, i£dumg= in any oftbe ~ities, operations, or pmcgdu~s or' the Company utilized in pmvisinaing of ~oadbaad Exctmage Line Service mm]er aay facilities provided by a customer obsolete or ~ modi§catiens or altoratien of su~ equipment or otl~n~ise affect its u~e or c. The Company tmd=lalu=s to maintsin and repair the facilities wbi,'~ it ~ The customer may not ~ammg=, discom~ect, ~move., or am~mlx to repair any equipment i~alled by tbe Comp;my without prior w~itten coa~at of ti~ Comp;my. D. Provisina of Service t. Rates aad ctu~rges =oamin=d in this S=ct~m of tl~ Tariff cmsist of ~ fotlowing elements: =. Move 2.Service dmrges for ]~,oadband Exdumge ~ Se~ic= =e i~,_,,J_~ i= ~ n=pec~,e aom~-enni~ du=g=s sp~ified heroin. Service ~ fn~m Sec~oa A4. ofthis Tariff am mx RRdicd~. 3. A move involves ~ clumSe in the physical Ioca~oa ofoae ofti~ fottowinS: - the point ofina:rt'ace ,,*t~ mstom='s 2alM001S ~i:k4.TE:03/13/g7 RI~RO'I'IIv~: IO*.33AM BELLSOUTH GENERAL SUI~CRIBER SERVICE TARIFF First Revised Page i 7 TELECOI~MUNICATIONS, INC. Can~is Original Page 17 FLORIDA · ISSUED: F~bmary 25, 1997 EFFECYIVE: Ma~h 12, 1997 BY: Joseph P. Lac. her, President -FL Mi~i, Florida A40. FAST PACKET TRANSPORT SERVICES A40.5 Broadband Exchange Line Service (Cont'd) A40.5.2 Regulaflom D. Provision of Service (Coafd) 3. A move i~volves a chan~e in the physical location of one of the foilowin$: (Confd) The charges for the move ~e dependent upoo whether the move is }ocmed within the same building or to a diff~enr buUding~ Moves WM~in U~c Stone BuikUng When the move is re a new location with~ the stone Ixdidln~ the charge for ,he move will be an amount equal to one-half the nomecu.,r~g dmrge for the affect! service ~mim~o~ a~ the customers ~.~ises. There will be no b. Moves m a Different Building Moves m a different building, other gum addressed in c. following, will be Iremed as a discontinuance and sm~ service and all u~soc~ed nom~.m~g ~ wiU apply. New,~i-imum p~iod r~qui~mems will be established at the new iocalio~. Thc cmtom~ will also eemain ~Rxmsible for ,~i~/ing ali outmmding minimum period clu~g~ for the discontinued service. c. Moves of Sewice(s) uad~ Fret POd~ SPP Customer tequem for moves of ~ervice under F~st Pock~ SPP, other than i~ide moves, will be subject to conditions stated in A40.10.1 !. 4. The ra~ and clm~s cont~hmt in this T~riff for Broadb~d ~ ~ Service ~e ~q:plic~ie from the racet point with an independent company to the Network Serving ~ for cu.~mner locstions served by an independent company. A40.~.3 Fast Packet Option (FPO) A. General I. The Fast Packet Option (FPO) of Br~dbend Exchange ~ Servic~ is o~y available when used in conjunction with Frmn¢ Relay Service, Connectionl~s Dm So,rico (C~)S), or Multipoint Video Confetencin~ Service (MVCS). Specifications for Frmne Relay Service are conlained in Scc6on A40.1, CDS s;x:cifi,-~t~ons me contained in Section A40.4., and specific~om for MVCS we contnhed in Section A40.1 i ofthis Tariff. 2.The Fast Pacer Ol~oe is used to connect ~ custome~ lxemises with the F,.~e Relay, CDS or MVCS Network Sc~ing 3. The Fast Pack~ Optioa is designed to mmsmh digital data signals .r speeds of ~6 Kbps, 64 Kbps,lf& ATps, 1-~36 (c) Mbps, or ~f19 4. The Broadband Exchange Linc Extension-FPO m~y be used by the customer for two other funcfion~ besides connecting th~ custmner's Serving Wire Center to a Serving Aru Point. occur~ ifth~ C~ntral Office whc~ the chmnclinfiou exists f~- Me~ service is not a Frame P~by Service or CDS Serving A~a Point, e~n a ~ Exchange Liae ~-FI'O is required m c~-,uect the Cenual or, ce where the caam~eiJntion occurs to thc clo.e~ ~ Area Point 2o(M(~16 REPRO DATE: ~/13/97 ~ TIME: 10:33 AM BELLSOUTH GENERAL SUBSCRIBER SERVICE TARIFF Fire R~ised Pa~e TELECOMbfUN~CATIONS, INC. Cancels Oi~ginnl Pnge 18 FLORIDA ISSUED: February 25, 199'/ EFFECTIvE: Match 12, 1997 BY: Joseph P. Lachcr, President-FL Mimni, Flor/da A40. FAST PACKET TRANSPORT SERVICES A40.5 l~madband Ex~:han{le Lin® Service (C:onfd} A40.5.3 Fast pncbet option (FPO) (Cont*d)e A. General (Coned) 5. The Company is authorized to provide the Fast Packet Op~on for use in applica~on t~fing subject to the r~gulaions set forth in A2.5.11. Up to 4 Broadband Exchange Line-FPOs md/or Broadband Exdumge Line Extension-FPOs may be utilized in a typical applications ~est configuration. The Company is amhoriz~ to deviate from this average in order to to Framo l~lay Sm'vic~ or C~$. ~ r~gulafions, and c~wgm for M~ga~n~ ~mn~i s~vi~ ~ provided in BT.~ of th~ Pfivat~ I~ S~rvi~ Tar/~ DS! fa~iiti~ being c~nn~l~zl via M~aLi~P ~amn~l ~-rvio~ to be associated with fl~ Fast ~ Option must b~ pmvisinne;d with Bipolar with g Zero Substitution (B~Z$) and Extm~ed 7. Thc Fast Pac.~t Option op~'~n~ at a ~csu~mi.~on ~ ~f l.~3fi ~ mu~t be pvavi.~one~ ~th Bipolar x~th $ ~t forth in A40.10.4.B. ~u~ ut~fiexL 9. On~-half of th~ non~un~ t~t~-(~) f~r fi~ ap~llc~bi~ rat~ ~l~m~nt~ in BI. and B2. following apply if th~ ~ustom~ r~quem~ an ~ in tm~m~ion ~ on a F~t Pat~t Optina. lO. Contr~t Plan~ a. Contr~t Phu~ at~ avail~bl~ und~ ~onditi~ ~:ifi~ in th~ F~t Pack~ Seav~m P~m~nt Plan in Se~tinn A40.10 oftl~ Tariffwith ~o~t~:t p~fiod~ d~ta'ibed a~ foilow~: (1) Term Payment Plan A - payment ~ may be ~elo~t~l from ~2 to ~6 montlm (2) Texm Payment Flan B - payment p~'ind~ may be ~i~,t~d fram ~? to ~0 months Pr/vat~ ~ ~ Tar/ff~ ~ontain~ in th~ f~ilowing doc~menm ^pplkatinn on th~ Netv~rk Side oftl~ NT (l~y~r I Sp~:~fi~ation)'. ~ document may be orde~d from: Am~'i~m Nat~n~ Staudan~ Institute, ~ 1 ! W. 42nd St~ot N~w York, New York 10036 -B~ll Communi~ons Re~arr. h Tg-TS¥-000~9, 'Olm~fions T~nology Gen~¢ l~.-quiz~ment~ (OT~g): Piscataway, New Se~-y 08854-4156 0,0 14. A 128 Kbl~s Frame Relay Servic~ or CDS Cnsmmer Connection may inl~fac~ with a Fast padn~t Oplion opern~ing at a 0~) transmission speed of either 128 ~ (2BIQ) or 1.$36 Mbps. In fltis s~,~'on, if a l~'oadl0aud Exchange Line ~on is ~, the 1.536 ~ option for the Broadband Exc~ ~ Exlcnsion must be selected. 2a040017 REPRO DATE: ~8/13/97 RI/~I~O'flM~ OFFIC2AL APPROVED VEIMGN, RE1,EASED BY BS'IHQ BELLSOUTH GENERAL SUBSCRIBER SERVICE TARIFF Original Page 18.1 T~L~COMMLrNICATIONS, INC. FLORIDA ISSUED: February 2.5, 1997 EFFECTIVE: March 12, 199'/ BY: $oscph P. Lacher, Pruid~! -FL A40. FAST PACKET TRANSPORT SERVICES A40.5 Broadband Exchange Line Service (Confd) IL Ra~s and Chsrgcs for the Fsst Pacl~ Option 1. Broadband Exchange Line-FPO ' (~) Month A B Nonrecurring To 12 to 36 37 to 60 Charge Month Month Months USOC (a) 56 ~ S~0.00 S70.00 S61.00 SSI.0O FPIS6 (¢) 128 Kbps (2BIQ) 4S0.00 lOS.00 92.00 77.00 FPII2 (d) 1.536 Mbps 46S.00 lSS.00 l,m.00 136.0o FPIIS (~) 44.210 Mb~ 1,000.0O 1~0.o0 I,~00.0o 1,300.00 FPI, 2. Broadband Exc. bange Line Extension-FPO (~) a. An Extension less than 20 miles (LO (I) Per Extension (n) 56 Kbps ~S. oO 2~00 zs. oo 10.00 FPCS6 (c) 1.5;36 Mb~ 120.00 160.00 120.00 9s.o~ FPClS (d) 44.210 Mbps 2s~oo Z,vZS. oo ],6~0.00 l,SSo, oo FI'C, Membl ~ omhis ix~ lsm~miy ~ on peee(s) 18of this ~ ~: MO R,B~OIJATK: 03fl3~/B.~PI~OTI)~: 10'35 AId BF.2.~OUTH GENERAL SUBSCRIBER SERVlC~ TARIFF Fi~ R~vis~ Pa~e 19 ~CO~~ONS, ~C. ~h ~g~ P~e 19 ISS~: Fc~ ~, 1~7 ~~: M~ 1~ 1~7 BY: J~ P. ~, ~d~t -~ k~. FAST PACK~ ~NSPORT SERVICES A~.5 Broadband ~change Line Se~ice (ConFd) A~ F~ Pa~ O~on (~) (Cont'd) ~ nd ~ f~ ~e F~ ~ ~n (~t'd) 2. Bm~ ~ Lhe ~-~ (C~fd) b. ~ ~i~ 20 - 50 mfl~ (1) P~~ Mon~ A B Non~ To 12 m 36 37 to ~ Mon~ Mon~ Mont~ US~ (c) 1.536 ~ l~ ~ 21~ l~.~ (d) ~10~ ~ ~ ~ ~ ~on51-75~i~ (l) ~~n (a) 56 ~ 7~ ~ ~ (c) 1~36 ~ 1~ ~ ~ 1~ ~IS (d) ~.210 ~ ~ ~1~ ~1~ d. ~ ~ 76 - 1~ m~ (!) P~~ (a) 56 ~ ~M ~ ~ M.~ (c) 1.536 ~ 1~ ~ ~ ~ ~S (d) ~.210 ~ 3~ ~ ~ e. ~on 101- l~mfl~ (1) (a) 56 ~ ~ ~ ~.~ (c) 1~36 ~ 1~ ~ ~ (d) ~10 ~ ~.~ ~ ~lm 2,~ K ~ ~on m~ ~ 1~ mil~ (1) ~~n (a) 56 ~ ~ ~ lm (c) 1~ ~. 1~ ~ ~ (d) ~.210~ ~ ~ 4~ ~1~ A40.6 R~e~ ~F F~ Use OI~OAL ,~'I'E.,~VI~ ~ ~ ny BSTHQ BELLSOUTH GENERAL SUBSCRIBER SERVICE TARIFF Original Page 20 T'FJ.~COMMUN1CATI ON S, I~IC. FLOR.IDA ISSUED: July 1, 1996 EFFECTIVE: July 15, 1996 BY: Joseph P. La~er, l~-sident-FL Miami, Florida A40. FAST PACKET TRANSPORT SERVICES~ A40.7 Reserved for Future Use A40.8 Reserved for Future Use A40.9 Reserved for Future Use A40.10 Fast Packet Services Payment Plan A40.10.! General A. 'Fac regubgioas specified bernie am applicable to specific services as iadicated ia ead~ servic='s respective subsection ot'~ Tariff. AU of tt~se services ~e included ia this Section of this Tariff(A40. - Fast PacJ~ Tram~rt Servic=s). B. Services furnished trader ~c Fast Packet Services Payment Plea (Fast Padret StaP) a~e subject to all geacral applicable to lflg provision ofservic= by the Company as stated etsewbem ia ~ Ta~T~ as noted hernia. C. The Fast Packet SPP is a payment pla~ which allows ~_,~omers to pay fixed or variable rates tot Fast Packet Tnmspon Services over vmable contractual payment periods. A specific monthly rate applies for the duration of ~ period. Paymem periods for end= Fast Packet Transport Service will be descn"oed ia tlug sgtvic='s specific tariff section- The fotlowiag is aa exa=ple of the m~mer ia which those paymaat perieds will be 4____,~ii~L The foilowiag should also be used as a ret'emac= for any ~ples depicext in ~ Section (^40.10) or'fha Tariff. L Term Pa)meat Pbm A - payment periods may be selected from 12 months to 24 months in leagtlt, at 24 month rates and charges. 2. Tema Payment Plan B - payment periods may be selecmd fzom 25 months to 48 months ia leag~, at 48 D. When the customer orders service to be provided under a Fast Packet SPP ammgem~L thc customer must clesigmee to the Company the payment pba ,md tl~ service period desired, e.g. Term Payment Pim B amJ 36 months. A40.10.2 Application of Rates and Clmr~es A. Razes stabilized under a Fas~ Pad~ SPP arrangement am exempt flora Company iaitis~ed incenses, however, dec,eases to any rate clemcat wit} amoma~caUy flow ttm~ngb to the ~. Ia ~ event that all or any pan of a service is disconaecwd a~ ctt~omer req~__~t__ prior to expiration or' any selected payment period of ~ ttum one month's dura~oa,*the c~_,sm_mer wiU be mquied to pay a Termiamion LiabiUty 2. TI~ Termim=ion Liabnlty Cba~ge is detenaiaed by muitiplyia8 the amber of months remaining ia ~ compact a. For example, a ctmomet subacribes to a Fast lh~lret Tmmpon Servlee ming Term Payment Plon B and selec~ the 30 momb payment pmod. ~ 12 mombs tl~ castomer dmosas to tenaimae service. The Termimaion Liability Ctu~e is _,~,~d,~.a by multiplying 18 montl~s (30 mombs- ~2 mombs) by ee mombly m~e by 90 Textisstmwaasaewdaetoreiss~eofallTatiffSecfioa~ No cimages in rams or regulatlons were made with this filing. 2a040019 REPRODA'FE:01/17~'7 REPRO~3~$PM BELLSOUTH GENERAL SUBSCRIBER SERVICE TARIFF Original Page 21 TELECOMMUNICATIONS, INC. FLORIDA ISSUED: July 1, 1996 EFFECTIVE: July 15, 1996 BY: Joseph P. La:her, President-FL Miami, Florida A40. FAST PACKET TRANSPORT SERVICES A40.10 Fast Packet Services Payment Plan (Cont'd) A40.I0.?, Application of Rates and Charges (Cont'd) C. Whml customel~ lmlew or chang~ th~ ~ of their payment period, th~ rates applicable fo.r the new period are those cu~s~ufly in effect at tho time of the nmewal or chan~n~ in thc len~,th of th~ payment period. A service order cha~ge will not be applicable for such renewals es changes to thc payment period. D. Customer requests for inside moves of service will not affect the comm~ perind. E. A change in jurisdiction will not conslitu~ a disconnect of service pmvidmt the new Fas~ Packet SPP arrangement is at least the minimum numbe~ of munths allowable under Term Payment Plan A (as defined in the Fast Packet Transport Services specific tariff section) or eq-*l*/exc~eds thc remaining s~vice lmiod, whichever is gt~ter, provided the new Fast Pack~ SPP arran&,ement is for the same customer st the same location for tho same capacity service. A40.10~ Additions A.Additions of services or rate elements o e.g, Porn - mnst be under a uew Fast Packet SPP arrangement at rates and charges as s3~cified in A40.10~2 prc~cdin$. B. Tenninalion chmgas for pr~natu~ disconnection of added cunl~mal services will apply as set fot~ under Disconnects in A40.10.4 following. C. Additions under Fast Pad~ SPP a~ exempt from Company-~ rate changes for all payment periods longer ltum one month. However, dec~enses for any rate element will automatically flow through to the customer. D. Installation, service order, service establishment, and any other nom,:raring charges, as specified in this Tatif~ will A40.10.4 Diseoanects A. When a service or rate clement, included under a Fast Packet SPP azrangcment, is disconnoc~d l~inr to expiration of thc selecled service period, Temlinaliun L'mbility Charges apply as set forth in A40.10.2 lm~ceding. Remaining s~vi~s or rate elements will not be affected by such disconnections. B. When a tariffed service under a Fast Packet SPP alvan~cment is disconnected prior to thc expiration of a selected service period as a t~sult ofa dum~ oftadffjutisdiclion, TemlimUion Liability Charffcs will not apply when: - the completed service period is at least the minimum number of months allowable under tbe specific services Term Payment Phm A or twenty-five peromt of the lenl~th oftbe orisinally selected Fast Packet SPP service period, whichever is greater, and - the st:trice period ofth~ new Fas~ Packet SPP ammgmne~t is at least th~ minimum number of months allowable under Term Payment Plan A (as defined in the servico's specific tariff section) or equals/exceeds tbe tmnaining service i~iod of the discounccted arrmsement, whichev~ is ~ter, and service lmv~en installation of the uew service and discennectinn of tM existinL and - th~ service ordess a~ for the same customer at ti~ same location. Note 1: Text is shown as new due to reissue of all Tariff Sectinn~ No chants in ra~s or ~8ulatlons were made with this filing. BFL~-e, OUTH GENERAL S~ER SF_,RVICE TARIFF Original Page 22 TELECOMMUNICATIONS, INC. FLORIDA ISSUED: July 1, 1996 EFFECTIVE: July 15, 1996 BY: Joseph P. Lather, President-FL Miami, Florida A40. FAST PACKET TRANSPORT SERVICES~ A40.10 Fast Packet Services Payment Plan (Cont'd) A40.10.5 Requests for Changes in Length of Optional Payment Period A, Subsequent to the establi-_qhmem of a contract with a Fast packet SPP period, and prior to the completion of that ~ ~e existing paymcnt period may be r~-placed by: 1. A cun~-ntly offcrccl payment period at thc current rat~s, ~ a length eClUa] M or longer than thc time remaining in the exi.qting service agreement, subject to the following conditions: a. No credit will be given for payments made during the formerly selected period. b. The new payment period hegira with the new Fast Packet SPP effective dmz. c. No termination clmrgc applies for the remaining portion of the former payment period. d. Nomzn:urring ~ will not be reapplied. e. A service order charge will not apply. 2. A currently offes~ payment period at the current ~ with a length shor~r than the time rznnaining in the existing a. No credit will be given for payments made during the formerly select~ period. b. Thc new payment period begins with the ncw Fast Packet SPP effective date. c.. A Termination Liability Charge applies for the r~naining portion of the former payment period. d. NOrdU:mTmg charges will not be reapplicd. e. A service order chargo will not apply. A40.10.6 Renewal Options A. TI~ customer has the following ru~tnval option~c 1. Prior to oompletion of ~he current payment period, any period available under th~ Fast Packet SPP may be s~lec~d at the rat~s in aff~ for new customers at the time of the renewal. TI~ customer will be chargcd atthe current ram for thc newly selected payment period, commencing tho day following completion ofth~ prior payment period. 2. Service may be continued on a month-to-month basis at the cun~nt rm~ for tb~ on~momh payment period, unless otherwise spec/fled in this Tariff. Thc customer has no additional s~rvice commitment md, cottsequ~ntly, when service is tc'rminaWxi will not be subject to any terfnlnntifln charge. The one-month s~rvice will be subject to Company-initia~l ra~ adjustmeats when approv~ ~ ~gulam~ authority. 3. If the customer does not elect an additional payment period or does not request discontinumce of service, servk~ will be continued at a monthly rate cutrmtly in effect for the month-to-month payment ra~ under the t~nns specified in A~. pt~:eding. B. Service connection charges are not applicabl~ for r~ elements tmewed under tho Fast Packet SPP. Any new rat~ ¢lnaents C, Ti~ Company may disoontinu~ or change any or all nmmval options with approval 0ftl~ apl~opria~ ~y ~. Note 1: Text is shown as new du~ to t~isme of all TafiffSex:fions. No chnnges in rat~ or regulations w~re made wi~ ~his filing. B~-] .LqOUTH GF.,NF. RAL St,'BSCIt~ER S'F, RVlCF., TARIFF Or~siaal ?m8¢ 23 TEIJ~COMIVlLrNICATI ONS, INC. FLOImJDA ISSUED: July 1, 1~96 EFFECIIVE: July I~, 1!)96 BY: loseph P. Lact~, President -FL Miami, Florida A40. FAST PACKET TRANSPORT SERVICES~ A40.10 Fast Packet Services Payment Plan (Cont'd) A,10.]0.6 Renewal Opl~oas !). ~ a customer r=ncws a Fast Packet SPP awangcm=n~, thc rates and charges in effect on the first day of scwice of the r=ncwa] will apply. E. Recognition of previous service will be ~vca to coSmmcr~ who =new a~ cxi~mg Fast Packgt S?P ana~gcmea~, for assocismd r~e ¢lemca~s at thc same location(s), provided that tit= l=ngth ot'th¢ ~-w Fast P~-u~t SPP arraagcm=nt is at least thg minimum number ofmonllts allowable under Ten= Paym=nt Plan A (as defied ia the Fast Packet Transport Service's specific tariffsectiun) or equals/exceeds thc remaining se~ice period oftbe origJmd Fast Packer SPP arraaggm=n~. F. Rccogaifiun of previous service beck to thc actual service a~,,. will be given to momb-to-munth cosmm~ who convert to a Fast Packgt SPP m~z~gcm=nt. G. To dct=rmia¢ the =ppmpri~ Fast Packet SPP for tl~ r=newcd azraagem=nt, rm=o.~nltioa ofsewice will consist ot'~ sum of months in service oft~ completed service arraaggm=nt aad thc sum ot'tbe montlts ot'tbe proposed service pedmJ of thc Fas{ Padret SPP anangcm=nL For example, a Fast Pad~ SPP ammgcm=nt for a 24 month service period under Term Plan A is ~ for 16 monlfls with no cl=mg~s at the =nd oftbe 24 month I~}OcL The sum ofmun~hs for tbe completed and propos=d service periods would ~lUaJ 40 months and would be billed under Term Paymen[ Pbm B. A40.10.? Thrust'er of Service A. Service may be ~ to a new costumer at the same location upon prior w~t=n coacun~ace by thc ~-w costom=r as sp~fi~ ia thb Tar~ This do~ not coastitut= a discom~ect of s~vice or n discoa~uaace ot' aa existing Fast Pad~t SPP an~ag=m=at. Tbe n=w customer will be subject to all provisions a~d ~t~pm~t con6~u~atioas cun~tly ia eft=ct for ~ l~-vious customer. R~mla~uns coacemiag mms~r of service betwe~ subecdbe~ as stud ia otb= scctiaas or'this Tari~ also apply under Fast Packet SPP. A40.10.8 ])et'erred A. Payment ot'nonrec~;;ug charg~ for Fas~ Packet services wi~ conuac~ paymea[ plans may be defen=d over the l=nsth o£~ cu~om=~s paym=nt period or a d~m= ~ (in =muaJ inc=m=n=) subj~x= to ~ co=dYduns sp=ff~d be}ow: TI~ charge to be d=f~d must be amung tbe fol}owing typ=s - Nunrecun~g ~ Service 2. TI~ customer must s=lect a paym=nt period long= l~m o~ 3. Thc total smo,mr ofnom~m~g ct~rgm as de~med in ~]. i~=cea;n_~ may be 4. Th= mi~mum amount dc'fenable per Fast ~ SPP atomics=at is $2000.00. jud~=nt of tbe Comply, ~ maximum iat~=t n~ ~llowed by isw is ins~i~ to co~er tl~ ceres of providing ~ dgf=~d I~m=at option, ~ Compaay will susp:ad e= ~v~d~tity of said olx}oa umil such time as tl~ costs of providing said option c~ be remv~l through tbe applicatiuns of a tm~d ira=mst ~ Suspmsioa of tbe paym=nt option will nor aff~ costumes who bare exceut~l a d=f=red ~ agn=munt prior to the ¢t~¢~ivc date ofsu~ 6. The def=t~l ~arScs (including int=es0 will be prora~ on a morally basis over tl~ selec=d ~ p=iod Eagth. Netet: Tcxtisshownas~.'wdt=tomissmofallTar~'Sect}oas. Nodum~,-sinra~sorm~ulafiuns w=m mad= with this BELL~OU'Ffl GENF.~ SUBSL'~ER SERVICE T~ O~ P~ 24 ~.RCO~CA~ONS, ~C. ISS~: 1~y 1, l~ E~~: BY: J~ P. ~r, ~i~t -~ M~ Flo~ A40. FAST PACK~ T~NSPORT SERVICES A~.10 F~t Packet Sewices Payment Plan (Co~d) A~.I0.~ ~fe~ Pa~t (Cont'd) ~ (~nfd) 7. All ~f~ ~m m~ ~ ~d ~ ~ll whm ~ ~m~ - Se~ a ~t ~d ~ ~ ~p~n ~ ~r m ~e ~n ~ of~e ~ ~od. - D~ ~i~ ~or m ~on of~ -Mov~ a ~i~ ~ F~ ~t SPP m ~ !~ ~ Comfy ~m~ w~ ~ ~e ~ md j~~ ~ ~ ~n ofm ~i~ move, 8. ~e ~ m~ ~ o~y ~ mM o~ ~e ~m~ ~lI ~ ~v~ a ~ ~r ~ mo~t of mM of~ o~g ~f~ ~ A4~10.9 ~~t ~ For~t~lon~o~mo~~mw~~o~g~mon~~e ~t of mo~ ~ h ~ m ~ a ~ ~ ~ Com~ ~ ~ o~ of ~ ~i~ ~v~ I. C~mm ~o ~ ~ mon~ ~ mo~ ~H ~e mon~ ~ ~H ~ ~ ~~ ~ ~ Com~. 2. ~o~ ~ ~r ~ ~i~ mv~ ~ a ~gl~ ~of~nm~ ~ ~ Mo~ ~ m~ ~ ~ ~r ~i~ ~ ~~ md p~ on a~d ~. ~j~ m ~on ~ m ~ ~ A~.I0,4 ~g. 4. C~mm ~ ~~ ~ ~ii ~e ~ ~d~ ~ ~ bill AO.10.10 ~fl~ m T~flon ~b~ for Sm~ C~n~, ~d MnM~ ~emmen~ A. ~ ~ ~m~ ~ or ~ ~ of~ ~i~ ~ ~~ ~m~~rm ~n of~ ~ ~m ~ T~ff~m ~n~g ~n ~ ~r ~g ~ ~ ~ ~t ~ ~ m ~ ~. ~, or m~fi~ ~v~M ~ ~ ~ ~ le~ ~~ ~e ~: 1. a~; ~ m o~; 3. a~ d~; No~l: T~ ~ ~ ~ ~ ~ m ~of~ T~S~ No ~ ~ ~or~m w~ m~ ~ ~ B~OUTI-I GENERAL SUBSC];tlBE~t SERVICE TAPJI;1~ Original Page 25 ~OlVIIVlUNICATIONS, INC. FLORIDA ISSUED: July 1, 1996 EFFECTIVE: July 15, 1996 BY: Joseph P. Lacher, President-FL Miami, Florida A40. FAST PACKET TRANSPORT SERVICES~ ~ A40.10 Fast Packet Services Payment Plan (Cont'd) A40.10.10 Exception to Termination Linbility for State, County, and Mukipal Governments (Cont'd) A. (Confd) 4. aconstimtiomd provision which restricts or prohibits an additional contractual payment for early tznninatinn of a cnnuact by my such entity, or agency thereof, du~ to an mailability of funding. When service is being provided and funding to the governmental endty for such sen, ice becomes unavailable., the governmental entity may cancel the service without additional payment obligation. Provided, homer, that if the governmentai entity (:mcob the servjco for any reason other than the unnvaflabiUty of fnnds, the termination liability provisions in the Tariffsh/l apply. A40.10.11 Moves of Service(s) Under Fnst Packet SPP A. Termination Liability Charges will not apply to customer reques~ for moves of service under Fast Packet SPP from one location to another location subject to the foilowhg: 1. The original and new premises locations must be in Company territory within the same sta~. 2. The move from the original location to thc new location must be completed within thirty days of the original premises 3. No lapse in billing will occur for moves of service under Fast PockL't SPP. 4. Orckt3 to disconnect thc existing service and re-establish it at the new location must bo related. 5. Any r~ elements - such as, Ports. f]x)m thc origins/location that are not re-establisbed at the new location will be subject to applicable Termination Liability ~ 6. Any additiom made at thc new location will Ix: Ur. sled as coUmninous additions in accordance with A40.10.3 p~ccding. 7. Afl reg,,l~ and charges for changes mock to the service coint~dent to that move dudl apply. 8. Afl appmprint= nonsecurfing ~uges for moves of se~vico as specified in this Tafiffwill 8pply. 9. Moves of servico that involve a chen~ of jurisdiction, e.g, inwa/.,ATA to inl3'as~te, ~ to intct~tate, etc., wiU not be treatmJ as a disconnect of mica: with regard to Terminatkm Liability Charge appUcation. The customer must sub, chine to n payment srrmgement offcn:d in tbe appropri~ intmut= tariffwhich is at least the minimum number of months aUowabl~ under Term Payment Plan A (as defined in tbe Fast Pack~ Transport Servico's specific tariff section) A40.11 MulUpoint Video Conferencing Service A40.11.1 General A. Muitipoint Video Confuencing Service (MVCS) is an lnlzaL~TA video servico that provid~ switching mid distribution processes m~bed for intern:tire mulfipoint video co~g besed on Intemafinnal Telecommtmicafions Uninn-Teimanmnnkatinns (ITU-T) Px64 (H.320) sumdsrd Codec equipment which must be provided by the customer at Note 1: Text is shown es new due to rebsue of ail Tariff Sections. No changes in rates or regulations were mad~ with this filing. [lTV DF I]ELRRV BERgH Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City DATE: May 11, 1998 1993 TO: David T. Harden, City Manager FROM: David N. Tolces, Assistant City Attorne~~' SUBJECT: Palm Beach County Workforce Development Board Summer Program Agreement The attached agreement has been approved as to legal form and sufficiency. Please place this agreement on the City Commission's May 19, 1998 agenda. If you have any questions, please call. DNT:smk Attachment cc: Alison MacGregor Harty, City Clerk Patsy Fox, Human Resources Assistant summer.dnt MEMORANDUM TO: David Tolces, Assistant City Attorney II FROM: Patsy Fox, Human Resources Assistant ~ THRU: Edward J. Gusty, Human Resources Director ~ SUBJECT: REOUEST FOR AGENDA APPROVAL OF THE PALM BEACH COUNTY WORKFORCE DEVELOPMENT BOARD - SUMMER PROGRAM DATE: May 4, 1998 The following recommendation is being made to approve the Palm Beach Workforce Development Board, Youth Services, summer program. Our City Attorney's Office, has reviewed the attached agreement and found it to be acceptable as to form and legal sufficiency. Program Objective: To provide job opportunities for youth which will familiarize them with the job market, provide training and job seeking skills, and to complete needed city wide seasonal projects. This program will provide meaningful employment experiences with a tangible outcome which will be beneficial to the City and to the participants. · Program duration - June 22, 1998 through August 14, 1998 · Participant ages: eighteen years of age or older · Work week: 40 hours · Hourly rate: $6.00, to be paid by the Palm Beach County Workforce Development Board · Residency: Palm Beach County residents only · Restrictions: Safety shoes if required. · Pre-screening and selection: Pre-screening and selection will be conducted by the Palm Beach County Workforce Development Board. · Recommended Funding: None · Eligibility requirements checked by the Palm Beach County Workforce Development Board: · Positions: We anticipate utilizing the participants in clerical, recreation, maintenance and other related positions. Placement within City departments will be based upon departmental requests. AGENPIC.DOC/pf ~ .__ ~ ' .J"\~ REVISED 03/12/98 EMPLOYER WORKSTrE AGREEMENT FOR WORK EXPERTENCE SUMMER YOUTH EMPLOYMENT AND TRAI'NING PROGRAM AGREEMENT NUMBER: 1~ NEXT STEP ~//YOUTH SERVICES SEVEN PILLARS r-I PAXEN This agreement is made for Work Experience Project under Title lib of the Job Training Partnership Act (the "Act") between the Palm Beach County Workforce Development Board, Inc. ( the Workforce Development Board) of 600 South Dixie Highway, West Palm Beach, Florida 33401. Telephone number (561) 659-5213 and 1. Employer: City of Delray Beach 2. Address: ].oo ~ 1st Avenue Delra¥ Beach~ ~ 33444 , , 3. FEIN NO.: 4. Description of Organization: MunicipalJ. ty I. TERM The term of this Agreement and the starting and ending dates of the work experience shall be from G!2,..A ! q.-~ ,1998 through ~ j l'l [ ct~ . ,1998; provided that the Work'force Development Board may earlier terminate this Agreement by so notifying the Employer in writing. II. EMPLOYER REPRESENTATIONS The Employer represents that (1) it is a private non-profit or public non-profit corporation And (2) is capable of providing Work Experience in accordance with the terms of this Agreement. III. SERVICES TO BE PROVIDED The Employer shall provide Work Experience in accordance with the terms and conditions of this Agreement, in the numbers and for the occupations described in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2),, Work Plan (Attachment 2), Addendum for Changes and the Description of Worksites (Attachment 3), Inclement Weather Plan (Attachment 4), and Child Labor Laws (Attachment 5), Worksite Supervisor's Manual (Attachment 6) attached hereto and incorporated herein· The Employer will retain a copy of this Agreement at each worksite. A. Referral and Selection 1. The Workforce Development Board shall refer to the Employer for each position, one or more individuals, JTPA certified as eligible for participation, if available, throughout the term of this Agreement, in order to assure to the greatest extent possible the filling of all positions. 2. The Workforce Development Board shall only refer Participants who are certified as JTPA eligible, between the ages of 14 to 21 and who meet the employer's referral criteria as specified in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2),. B. Employment 1. Each Participant shall be provided a meaningful employment experience, with a tangible outcome and benefits to the employer, the community, and the Participant, and as specified in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2). 2. Employment shall be conducted at worksites designated on the attached Work Experience Job Order (Attachment 1), Work Plan (Attachment 2), and Addend.urn for Changes and Description of Worksites (Attachment 3). 3. Employers shall ensure that Participants are provided adequate equipment and supplies for their assigned work. 4. Youth participating in Youth Services shall be scheduled to work a specific maximum number of hours per week in accordance with the specific program restrictions and the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2), and shall not be permitted to work in excess of the maximum number of hours allowed by law nor in excess of a total of five hundred (500) hours during the term of this Agreement. Some Participants may be required to work less time due to their concurrent enrollment in other Workforce Development Board Programs. 2 5. All employment and training activities hereunder shall be conducted in accordance with the Statement of Assurances and Certifications set forth herein and with applicable law, including Child Labor Laws (Attachment 5). C. Training 1. The Employer shall provide each Participant with meaningful, well- supervised job training consistent with the duties and responsibilities of the job position and designed to ensure successful attainment of entry level skills and work habits required of such positions or occupation as set forth in the Work Experience ,Job Order (Attachment 1) and Work Plan (Attachment 2),. 2. Such training shall include an orientation to the organization and work station, including but not limited to the Employer's policies and procedures, work schedules, and break schedules. 3. The Employer agrees to allow for scheduling and/or release time for the participant to participate in WDB sponsored activities designed to provide employability skills, remediation, G.E.D., or occupational training. Hours at WDB sponsored.activities shall not count toward the maximum 500 hours allowed to the participant. D. Supervision 1. Employment and training hereunder shall be provided through the Employer's qualified superv!sors, who shall be: (1) regular employees of the Employer, (2) experienced in the work to be performed by each · ' Participant supervised, (3) determined by the Emp~yer to be appropriate to supervise such Participants, and who have (4) successfully completed a Workforce Development Board sponsored "Worksite S~pervisor's Workshop/Orientation". The Empleyer ..shall provide to t?e WDB, prior to the Participant's first day on the job, a written list"of qualified supervisors and back-up supervisors for each worksite. 2. The Workforce Development Board will provide assistance to the Employer in developing worksite parameters. The Employer will provide a supervisor for each worksite who will be responsible for assigning daily duties and signing and submitting timesheets. 3. The Workforce Development Board shall make appropriate arrangements for the orientation and instruction of supervisors, utilizing the Worksite Supervisor's Manual (Attachment 6) to be provided by the Work¢orce Development Board. Orientation may be conducted individually or at a "Worksite Supervisor's Workshop/Orientation". The orientation attendance of all designated supervisors shall be documented by means of a Sign-in Log maintained by WDB staff. 3 Employers, the Employer's Supervisors, and Participants shall be provided with a manual outlining the policies and procedures to be followed during the program. Receipt of the Worksite Supervisor's Manual by Supervisors and of the manual outlining the policies and procedures to be followed during the program by the Employers, Supervisors, and Participants shall be documented by signature of recipient upon written receipt maintained by WDB staff. 4. The Workforce Development Board shall assign, and notify by written notice to the Participant and Employer, a Summer Youth Counselor to each Participant in a work experience employment position who shall be the liaison person between the Employer, Workforce Development Board, and the Participant to handle any and all questions, arrangements, difficulties, or disciplinary actions regarding the Participant. 5. The Employer shall have the right to take disciplinary action, suspend, or disengage any Participant assigned under the terms of this Agreement in accordance with the regular written personnel policies and practices of the Employer. The Employer must immediately notify the Workforce Development Board Youth Counselor and follow up in writing of any termination and the reason for such termination. IV. COMPENSATION A. The Workforce Development Board shall compensate each Participant at a rate of $5.00/hour for hours worked during each two week pay period, upon receipt of proper documentation from the. Employer as specified below. In no event shall JTPA funds be used to compensate a Participant for hours in excess of those contractually agreed. B. The Workforce Development Board shall provide workers compensation coverage and mak.e....applicable FICA and federal income tax withholding payments for all.;'Participants engaged in Work Experience under this Agreement. " V. TIME AND ATTENDANCE RECORD KEEPING A. The Employer shall keep accurate time and attendance records daily for each Participant, employing the Time and Attendance Record (included in the Worksite Supervisor's Manual - Attachment 6) provided by the Workforce Development Board. At the end of each bNO week pay period, the Employ, er shall have the Supervisor and Participant sign and at'test to the accuracy of such record and shall promptly submit it to the Workforce Development Board via the Summer Youth Counselor. B. The Employer certifies that: (1) it will only record actual hours worked by Participant, (2) it will require each Participant to sign in and out daily, employing the Time and Attendance Record, and (3) it will not permit Participants to simultaneously sign in and sign out. C. No Time and Attendance Record shall be submitted by the Employer to the Workforce Development Board for any individual who has not been referred and certified as eligible for participation hereunder by the Workforce Development Board and the Employer shall bear full responsibility for payment for any hours worked by any such individual. VI. EVALUATIONS AND MONITORING The Employer shall fully cooperate in the evaluation and monitoring of activities under this Agreement by the Workforce Development Board, the State of Florida Department of Labor and Employment Security, the U.S. Department of Labor, and any other unit of local, state, or federal government. VII. ASSURANCES AND CERTIFICATIONS The Employer assures and certifies that it shall comply with the provisions of the Job Training Partnership Act (P.L. 97-300) (the "Act") and regulations and policies promulgated thereunder, as such Act, regulations, and policies may be amended from time to time, and with applicable laws with respect to political activities, private-for- profit employment activities, nepotism, conflict of interest, fund raising, political patronage, and lobbying activities. The Employer further assures and certifies as follows: 1. Employment and training provided to Participants hereunder shall conform to the job description and the duties to be performed as set forth in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2),. The Employer is required to notify the WDB, in writing, immediately if there is any change in the actual job activities which are different from the original job description. Such notification must be approved in writing by WDB. 2. Conditions of employment and training hereunder shall be appropriate and reasonable with 'respect to the type of work and the proficiency of the Participant. 3. Health and safety standards established under state and federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of Participants. 4. Except as may otherwise be provided in this Agreement, all Participants s~all be provided benefits and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work. 5. Participants' activities under this Agreement shall be conducted in compliance with the Child Labor Provisions of the State of Florida, the Fair Labor Standards Act, and other applicable laws. 5 6. Employment under this Agreement shall not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of federal funds for other funds in connection with work that would otherwise be performed. · 7. No Participant shall be employed or job opening filled when any other individual is on layoff from the same or any substantially equivalent job or when the Worksite Employer has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by hiring a Participant under this Agreement. 8. No position under this Agreement shall infringe in any way upon the promotional opportunities of currently employed individuals. 9. None of the funds disbursed under this Agreement shall be used to assist, promote, or deter union organizing. 10. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with this Agreement because of race, color, religion, sex, national origin, age, handicap, or political affiliation or belief. 11. The Employer shall afford Participants an opportunity to present any grievances or complaints about its activities under this Agreement, in accordance with the Act. 12. Participants shall not be empl.oyed in the construction, operation, or maintenance of any facility as is used or to be used for sectarian instruction or · as a place for religious worship. 13. Employers that employ Participants in Out-of-Doors type work shall provide the Workforce Oevelop...m. ent Board with a written Inclement Weather ..Plan, (Attachment 4), wh, i6h shall be submitted to the WDB for written approval prior to first scheduled .program start date, and when approved shall be attached to and incorporated as part of this Agreement, 14. The Employer shall submit such information as may be required by the Workforce Development Board and the Florida Department of Employment and Training in assessing the extent to which the services provided under this Agreement meet the special needs of disadvantaged, chronically unemployed, end Iow income persons for meaningful employment opportunities. 15. The Worksite Employer will provide the U.S. Department of Labor and the Comptroller General of the United States, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Agreement for a period of three (3) years from the date of termination of this Agreement. 16. The Worksite Employer shall conduct ali activities under this Agreement in accordance with the Americanswith Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title V! of the Civil Rights ACt of 1964 as amended, and the regulations promulgated under such Acts, with respect to the disabled and the limited English-speaking. 17. The Worksite Employer certifies that, in all activities in the performance of work done in connection with JTPA funding, its employees under this Agreement are not engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, and that all activities under this Agreement shall be provided in a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988 and the regulations promulgated thereto. This Agreement shall be in compliance with the JTPA and any federal regulations thereto, and shall be subject to funding availability. This Agreement and supersedes any and all pdor oral and written agreements. IN WITNESS WHEREOF, the Workforce Development Board and the Employer have caused this Agreement to be duly executed as of the last date set forth below. EMPLOYER PALM BEACH COUNTY WORKFORCE DEVELOPMENT BOARD, INC. Authorized Signature Hugo Unruh, Chair Type Name ?' Title Witness Date Witness Approved as to form and 'C'~, City Attorney INCLEMENT WEATHER PLAN In the event that the job duties of the Participant require that the Participant perform those duties outside in a situation not protedted from the weather, it is required that the Employer complete this INCLEMENT WEATHER PLAN to provide the Participant an environment which is protected from adverse weather conditions in which to perform those job duties. i [] NOT APPLICABLE: (All job duties are performed indoors.) [] APPLICABLE: (See following description of alternate indoor job duties.) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #~.~.- REGULAR MEETING OF MAY 19, 1998 CONTRACT ADDITION/AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS DATE: MAY 14, 1998 This is before the Commission to approve a contract addition in the amount of $30,000 with Aquifer Maintenance & Performance Systems, Inc. (AMPS) to increase the annual budget amount for well rehabilitation and replacement to $60,000.00. The normal annual budget for this program is $30,000.00. This year, however, we have experienced an unexpected number of well and pump failures. We have also abandoned two low producing wells. The current budget has been exhausted and additional funding is necessary. Funding will be from Account 442-5178-536-61.82 (R&R - Well Rehabilitation and Replacement), through budget transfer from 442-5178-536-46.90 (Other Repair/Maintenance) and 442-5178-536- 99.01 (Project Reserve). Recommend approval of the contract addition with Aquifer Maintenance & Performance Systems in the amount of $30,000.00. ref:agmemol6 Agenda Item No. 8, ]~ · AGENDA REQUEST Date: May 12, 1998 Request to be placed on: Workshop Agenda When: May 19, 1998 XX Regular Agenda Special Agenda Description of item (who, what, where, how much): Staff requests Commission approval of a contract addition for Aquifer Maintenance & Performance Systems, Inc. (AMPS), in the amount of $30,000.00~for a total annual amount of $60,000.00. Normal annual budget is $30,000.00, however additional costs of unexpected well/pump failures and abandonments require additional funding. Funding is from R&R Account 442-5178-536-61.82, Well Rehabilitation/Replacement. (Budget transfer attached.) ORDINANCE/RESOLUTION REQUIRED: YES~_.,,) DRAFT ATTACHED YESES,) Recommendation: Staff recommends approval of contract addition for Aquifer Maintenance & Performance Systems, Inc. in the amount of $30,000.00 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all it~emsAinvolving e~ipenditure of funds): Funding available~fNO Funding alternatives (if applicable) Account No. & Descfiption~ - , ~/~-' ~ Account Balance City Manager Review: Approved for agend~YE~~ Hold Until:~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., ESD Director SUBJECT: CONTRACT ADDITION - AQUIFER MAINTENANCE & PERFORMANCE SYSTEMS, INC. DATE: May 12, 1998 Attached is an agenda request for a contract addition in the amount of $30,000.00 for Aquifer Maintenance and Performance Systems, Inc. (AMPS) for well rehabilitation and replacement. The current annual budget amount for this program in Renewal and Replacement is $30,000.00. We have experienced an unexpected number of pump and column failures thus far in the year as well as wells requiring acidization for capacity restoration. We have also accomplished two abandonments of low producing wells. Due to the foregoing circumstances, the initial $30,000.00 contract amount has been exhausted. Based on the rate of well related failures thus far in the year, we are requesting the additional $30,000.00 contract addition for AMPS in anticipation of further rehabilitation requirements. Funding is from R&R Account 442-5178-536-61.82, Well Rehabilitation/Replacement. (Budget transfer attached.) Please place this item on the May 19, agenda for consideration by the City Commission. RCH:cl cc: Don Haley File City of Delray Beach ~ Budget Transfer Form (1) Departmental Line Transfer (2) Date 5/12/98 (3) Interfund/Interdepartmental Transfer (4) Batch Number (5) Requested By: R. Hasko PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN ~b, 2=5178=536-61.82 ~el 1 Rehab/Repl ./Upgr. 30,500.00 t+b, 2-5178-536-99.01 Project Reserve 15,000.00 b,42 -5178-536-46.90 Other Repr./Mai nt. 15,500.00 (10) TOTAL 30,soo.oo 30~500.00 JUSTIFICATION: T0 correcl; neqative acqount bolance and fund contract addition for AMPS~ Inc. for well rehabi 1 i tati on. DepartmentHead(/~c~_4 ~ ~'/~~ Asst City Manager ,., Finance Director City Manager (I 1) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY I~2q'AGER~ SUBJECT: AGENDA ITEM # ~.£. - REGULAR MEETING OF MAY 19, 1998 PURCHASE APPROVAL/EQUIPMENT REPAIRS AT WATER TREATMENT PLANT DATE: MAY 14, 1998 This is before the Commission to approve the purchase of parts and labor in the amount of $13,734.40 from Southland Controls Company, sole source provider, for equipment repairs at the Water Treatment Plant. The required repairs are to ammoniators, which control dosing rates of ammonia and are critical to the treatment and disinfection process. Southland Controls Company is the area manufacturer's authorized service company and materials are manufacturer replacement parts. Hence, this is a sole source purchase. Funding will be from Account 441-5122-536-46.20 (Water Treatment & Storage/Equipment Maintenance). Recommend approval of the purchase of parts and labor from Southland Controls Company in the amount of $13,734.40. ref:agmemol7 MEMORANDUM TO: David T. Harden, City Manager '"";, .... 'i ~;(. FROM: Richard C. Hasko, P.E., ESD Director (~'> SUBJECT: EQUIPMENT REPAIRS AT WATER TREATMENT PLANT DATE: May 11, 1998 Attached is an agenda request and a copy of an itemized parts list and labor charges from Southland Controls Company in the amount of $13,734.40, for required repairs to ammoniators at the Water Treatment Plant. These units control dosing rates of ammonia injected during the chloramination process. Their accurate and consistent operation are critical to the treatment and disinfection process. Southland Controls is the area manufacturer's authorized service company. All materials are manufacturer replacement parts. On this basis, the work represents a sole source purchase. Funding for this expenditure is from Water Treatment Account #441-5122-536-462.0, Equipment Maintenance. (Budget transfer attached.) Please place this item on the May 19, regular agenda for consideration by the City Commission. RCH:cl cc: Don Haley File Invoice SOUTHLAND CONTROLS COMPANY Invoice Number: 042198 6616 PARK LANE EAST LAKE WORTH, FLORIDA 33467 (407) 433-4133 Invoice Date 04/16/98 To: Worksheet Number: DELRAY BEACH, CITY OF 6598 ATTENTION: WATER TREATMENT PLANT P.O. Number: 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 Job Number: S.B.Ro Number.- SERVICE PERFORMED BY: TERMS ARE NET 30 DAYS FROM IN'VOICE DATE CURTIS SERVICE PERFORMED DATE: 04/13/98 DESCRIPTION OF SERVICES AMOUNT REBUILT AND INSTALLED TWONEW ACTUATOR/CONTROLLER IN TWO AMMONIATORS. INSTALLED NEW BACK PRESSURE REGULATORS AND PRESSURE REDUCING REGULATOR ON THREE AMMONIATORS. 1200.00 Description of Parts Quantity Part Number Description 3 U-28193 BACK PRESSURE REGULATOR 2514.93 3 U-28196 PRESSURE REGULATOR 2536.65 2 U-27959 ACTUATOR 2245.00 2 U-29168 SERVO CONTROLLER 4563.36 12 P-26784 O-RING 2.16 2 NP-1272 LOWER RETAINER 136.68 2 NU-l197 UPPER RETAINER 236.90 1 WIRE, FITTINGS, PIPEING 298.73 Service Charge: 1200.00 Parts: 12534.4 Subtotal: 13734.40 Tax: Delivery and/or Shipping: Total: 13734.40 City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date 5/11/98 (3) lnterfund/lnterdepartmental Transfer (4) Batch Number (5) Requested By: C. PROJECT # (6) ACCOUNT NUMBER (7) DESCRy, P~,ION (,8) TRANSFER OUT (9) T,RANSFER IN ~&1-5122-536-b,6.20 Equi pment Mai ntenance. 50. O0 ~1-5122-536-a6.10 B1 dg. Ha i ntenance 50. O0 (10) TOTAL 5o.oo 5o.oo ~JUSTIFICAT!ON: Transf,.er required to fund repairs to ammoniators at ¥/TP. , ..... FinanCe Director City ~ana~er (! 1) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2'q'AGER_~ SUBJECT: AGENDA ITEM # ~.~.~ REGULAR MEETING OF MAY 19, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MAY 14, 1998 Attached is the Report of Appealable Land Use Items for the period May 4th through May 15, 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 the appealable actions for the period stated. Receive and file the report as appropriate. ref:agmemo20 TO: DAVID T. HARDEN, CITY MANAGER ' "~ THRU: DIANE DOMINGUEZ, DIRECTOR OF P FROM: JASMINALLEN, PLANNER~~2/~.-/% ~/~,.~,,.. SUBJECT: MEETING OF MAY 19, 1998 CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MAY 4, 1998 THRU MAY 15, 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 May 4, 1998 through May 15, 1998. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved with conditions (6 to 0, Sittler absent), a request for a color change for The Palms Apartment Buildings located on the east side of N.E. 7th Avenue, between N.E. 1st Street and N.E. 2nd Street. B. Approved (6 to 0), the architectural elevation plan associated with the installation of awnings at the New Monmouth Condominium, located on the west side of South Ocean Boulevard, approximately 200' south of Atlantic Avenue. C. Approved with conditions (4 to 2, Smith and Martin dissenting), the architectural elevation plan associated with the addition of roof-top HVAC equipment and a parapet wall addition at Gillis Signature Showroom Imports, located at the northwest corner of East Atlantic Avenue and N.E. 7th Avenue. City Commission Documentation Appealable Items Meeting of May 19, 1998 Page 2 D. Approved (6 to 0), the architectural elevation plan associated with the addition of awnings at Joseph's Restaurant, located at the northeast corner of N.E. 6th Avenue and N.E. 1st Street. E. Granted an eighteen (18) month extension (6 to 0), for the Daughter of Zion Junior Academy, a proposed private school to be located on the west side of N.W. 3rd Avenue, between Martin Luther King Jr. Boulevard (N.W. 2nd Street) and N.W. 3rd Street. 1. Approved (7 to 0), a request for a Certificate of Appropriateness associated with facade changes to a contributing single family residence located at 325 S.E. 7th Avenue. 2. Approved with conditions (7 to 0), a request to allow the demolition of two contributing residences located at 35 and 41 S.VV. 1st Avenue in conjunction with the Sundy Estates development. 3. Approved (7 to 0), a request for a Certificate of Appropriateness to allow exterior color change for the Pineapple Grove Counseling Center, located on the west side of N.E. 1st Avenue, between N.E. 2nd Street and N.E. 3rd Street. 4. Approved (7 to 0) the preliminary tax abatement application associated with exterior renovation for the Turner House, located at 145 N.E. 6th Avenue. 5. Approved (7 to 0), a Certificate of Appropriateness associated with the installation of a temporary identification sign and a permanent donor sign at the Sandoway House, located at 142 South Ocean Boulevard. Other Items In other items, the Board tabled establishing a date for a public hearing for the designation of the Vista Del Mar Historic District to the Local Register of Historic Places. The Board tabled the item so that staff may provide additional information such as the City's historic preservation ordinance to all property owners within the proposed historic district. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF MAY 19, 1998 L-30 CANAL >- ~ LAKE IDA ROAD N.W. 2ND >- ~ LOWSON BOULEVARD '"' - LINTON BOULEVARD i BOULEVARD , i L-38 CANAL C-15 CANAL CITY LIMITS ........... S.P.R.A.B.: H.P.B.: A. - THE PALMS 1. - ,.325 S.E. 7TH AVENUE B. - NEW MONMOUTH CONDOMINIUM 2, - SUNDY ESTATES I MILE J C. - GILLIS SIGNATURE IMPORTS SHOWROOM 3. - PINEAPPLE GROVE COUNSELING CENTER I I D. - JOSEPH'S RESTAURANT 4. - TURNER HOUSE SC~E E. - DAUGHTER OF ZION JUNIOR ACADEMY 5. - SANDOWAY HOUSE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- D/GII'.4L ~4S£ M,4P EYE)EM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ AGENDA ITEM # ~.~'. , SUBJECT: · r REGULAR MEETING OF MAY 19 1998 AWARD OF BIDS AND CONTRACTS DATE: MAY 14, 1998 This is before the City Commission to approve the award of the following contract: 1. Purchase award in the amount of $19,326.90 to Martin Fence Company, via Broward County contract, for the purchase and installation of additional chain link fencing at Pompey Park, with funding from 334-4172-572-63.03 (General Construction Fund - Pompey Park Ballfield). Recommend approval of the purchase award listed above. ref:agmemo8 Agenda Item No. : ~.M.]. AGENDA REQUEST Date: May 14~ 1998 Request ~o be placed on: Consent XX ~e~a-l-~r Agenda Special Agenda Workshop Agenda When: May 19, 1998 Description of agenda item (who, what, where, how much): Purchase Award of fencing at Pompey Pa~k from Martin Fence Company at a total cost of $19,326.90 via the Broward County Contract #T-03-97-18-2. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Martin Fence Company for the purchase and installation of fencin~ at Pompey Park for a total cost of $]9:926.90. Pricing per Broward County Contract #T-03-97-18-2~ F. upding from account code #334-4172-572-69.03. 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: x~/ NO Funding alternatives: (if applicable) Account No. &Des, cription: Account Balance: ~ ~0~O0 ' City Manager Review: Approved for agenda: ~'~/ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David To Marden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~ THROUGH: Joseph Safford, Finance Director DATE: May 14, 1998 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MAY 19, 1998, AWARD OF PURCHASE AND INSTALLATION OF FENCING POMPEY PARK Item Before Commission: The City Commission is requested to approve the award for completion of installation of new fencing at Pompey Park to Martin Fence Company for a total amount of $19,326.90. Background: City Commission on March 13, 1998, approved the award to Martin Fence for installation of fencing at Pompey Park to Martin Fence Company via the Broward County Contract #T-03-97-18-12. Parks and Recreation Department is now requesting additional fencing at Pompey Park from the ball diamond entrance gates to the 10' baseball fence at the ball diamond. Martin Fence Company has submitted a proposal for the additional fencing for a total of $19,326.90. Pricing is based from the Broward County Contract #T-03-97-18-2 per attached proposal dated May 11, 1998. The Director of Parks and Recreation recommends award to Martin Fence utilizing the Broward County Contract. See attached memo dated May 12, 1998. Recommendation: Staff recommends award to Martin Fence Company for the additional fencing at Pompey Park at a total cost of $19,326.90. Funding from account code #334-4172-572-63.03. Attachments: Memo From Parks and Recreation Memo From Martin Fence Company [ITY OF OELAAY BEACH DELRAY BEACH AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 100 N.W. 1st AlI-AmedcaCity 1993 TO: dackie Rooney, Purchasing Supervisor FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Fencing for Pompey Park DATE: May 12, 1998 Attached please find a quote from Martin Fence Company in the amount of $19,326.90 to finish the installation of new fencing at Pompey Park. As you are aware, we previously contracted the fencing along N.W. 2nd Street and N.W. 10th Avenue. This proposal will fence from N.W. 2nd Street and N.W. 1 lth Avenue from the ball diamond entrance gates west to N.W. 13th Avenue and down N.W. 13th Avenue to N.W. 3rd Street to the 10' baseball fence at the ball diamond. This is being purchased under the Broward County contract #T-03-97-18-12 which expires on May 26, 1999, and should be charged to account #334-4172-572-63.03. Please place this on the agenda for City Commission consideration. Direct~6r of Parks and Recreation cc: David Harden, City Manager Rodger Ribeiro, Recreation Superintendent Ann Green, Recreation Supervisor IV Attachment Ref:jrppfenc THE EFFORT ALWAYS MATTERS Printed on Recycled Paper 'MARTIN FENCE CO. 862 i ~"' ~'""~-'-T ,_,~,, ~ ::'~.~,, LAKE RARK, FLORIDA 33403-2383 May 11. 1998 City of Delray Beach Purchasing Department 100 N.W. !st Avenue Delray Beach, Fior~da 33444 Attn: Rodger Ribeiro POMPEY PARK ¢ ADDITIONAL FENCING CONTRACT AMOUNT $19.326.90 The attached bid for additional fencing at Pompey Park is per Broward County Contract ~T-03-97-18-12 which expires on May 26, 1999. Sincerely, MARTIN FENCE CO. 7 PALM E',._AL.,,4.56t-$48-£660 TOLL FREE: 930-9303 · FAX: 561-845-446.6 Re$[dont/a/- Commercial - Industrial .MARTIN FENCE CO, "~'~ ~ /~'~.,,'~ $6£ 13th STREET. LAKF. PAFK, FL©RIDA33403-2383 THE TOTAL NLrMBER OF_ PAGES (INC.~UD!NG COVER SHEET) FOR THIS TRANSMITTAL IS .._~___ .... '_ PLEASE uALL (.561) 8,~8-2666 OR 930-9303 IF YOiJ DO NOT RECEIVE ALL THE PAGES. THANK YOU. PALM BEACH: 848-2666 * TOLL FREE: 930~9303 * FAX: (56i)848-4466 I MARTIN PHONE: 561-848-2666 · FAX: 561-848-4466 FENCE CO. TOLL FREE: 930-9303- SEBASTIAN TO KEY WEST 862 13TH STREET, LAKE PARK, FLORIDA 33403-2383 LIC. # U10591 "__.~_.._~.~'~ ~. ~ ~, , ~ '~ o ~~ ' ~ ~ ~ ' ~:- ~ .................. _or '-- Block: ........................ Plat: ........... Pag~ ~, Subdlvision: Gate Po,ts ..... ~ Core Drill~ /( ¢ ~ ~ ~ ~ Installation of the fence sketch and any attach- ed specifications and I agree to assume all billty and responsibility ~- for accuracy of sketches. ~ .. : , Tetal Price ............... Approx. Delivery Date clear~ by cu~tomeF or C,O.D, on Corn le a fee will be charged - This contract subject to Terms ~nd Conditions on reverse side. $40 per hour/minimum reprefentation's cannot b~ relied on. No modificatlon~ to this contract of ~ hour, will be honored un~,wr{ting and slg. ned b:y _ I hereby acknowledge the setisfactory Customer ..... , ..... completion of the a~ve described work. Per ...................... Salesma ~ . Customer. ' :ARTIN PHONE' 561-848-2666. FAX' 561-848-4466 FENCE_..~-n. TOLL FREE: 930-9303 - SEBASTIAN TO KEY WEST 862 13TH STREET, LAKE PARK, FLORIDA 33403-2383 LIC. // Ut059t_, ;OLD TO: Name AddreSS: City , ' ......... r .ct: - .... Block: ............................. Plat: .......... Page: ..... Subdivision: ................ ore Drills.. -- ~ --. ...... anelwaave -. ! hereby authorize the Installation of. the fence in accordance with the · sketch 'and any attach- ed specifications and 1 agree to assume all lie- ~ bility and responsibility for accuracy of sketches. Total Price ' . . Approx, Delivery Date Less Deposit ................. .~ .... Week of: ...... ' All fence lines must be _ ./~_~.~ '~:--':>~ cleared by customer or C.O,D. on Completion .... a fee will be charged- This contract subject to Terms and Conditions on reverse side, Oral $40 per hour/minimum representetion's cannot be relied on. No modifications to this contract of ~ hour. will be honored unless in writing and signed by both parties. I hereby acknowledge the satlsfsctory Custom complctfo~ of the above described work. ,r ................ ...... ...... White cop¥/Of¢lcl C~nary c~p~//Insteller Green copy/P~rmit Pink MARTIN PHONE' 561-848-2666 - FAX: 561-848-4466 FENCE CO. TOLL FREE: 930-9303 - SEBASTIAN TO KEY WEST 862 13TH STREET, LAKE PARK, FLORIDA 33403-2383 ~ L!C.#U,059, LD TO; SHIP TO:.~~ ~t' Block: ..................Plat: ......... Page; .............. ..................... :_ Core Drills I hereby authorize the Installation of,,the fence in accordance with the' sketch and any attach- ed specifications and I agree to assume ail lia- bility and responsibility //~//~/ ~.~-~ for accuracy of sketches. Total Price.__ Approx Delivery Dat, Less Deposit ...... Week of: '- cleared by c.stomer O" C.O.D. on Completion.I:::/ a fee will be charged - This contract subject to Terms and Conditions on ¢everse side. Or $80 per hour/minimum representation'~ cannot be relied on. No modifications to this contra of I hour. will be honored uniess in writing and signed b~ both parties. ' ~ , I hereby acknowledge th. s~ti~factory Customer _~~~/ c omptetlcnofthe~vedescrlbodwor; Per ....................... Salesman ~/~ ~/~' % : Customer White copylOfflc~ C~ry copy/l~steller Green copy/P~rmlt Pink copy/Customer TOTRL 'MARTIN PHONE' 561-848-2~66 · FAX: 561-848-4466 FENCE CO. TOLL FREE: 930-9303 - SEBASTIAN TO KEY WEST 862 13TH STREET, LAKE PARK, FLORIDA 33403-2383 LIC. ~ U10591 or' Block: ........................... Plat: ........... Page: ................. Subd~v;sbn: ................ h inelweave / i hereby authorize the /~ installation of...the fence In accordance with the' ~1~ sketch and any attach- ed specifications and I ~ / agree to assume all lla- [or accuracyof~Rotchos..... , . .... Total Prico ............. :_ .................... ... Approx. Delivery Oate kess epos~t ....................... Week o :leafed by customer or C.O.D. on Comp etion i fee will be charg~ - This contract subject to Tetras and Conditions on reverse side. Oral ;~0 per hour/minimum representation's cannot be relied on. No modificetions to this contract ~f ~ hO~r, : will be honored unles¢ in writing and signed b~ both parties. Custome~~~~ . completion of th~ ~v, d~crib~d work. White copy/Office Cenary copy~lnstaller Green copy/Permit Pink copy/Customer lS~ BID #T-03-97-18~ (CONTINUED) ADDENDUM CJ~JE~t~YJSF~.CE MAY 23, 1 ~. GROUP IV - ITEMS 55 THRU 72: VINYL 6' CHAIN LINK FENCE TOTAL ITEM ESTIMATED COMMODITY CODE UNIT ESTIMATED NO. QUANTITY DESCRIPTION COST COST ~361260020601 55. 4,000 EA. LINE POST WITH CAPS $~'./"~ /EA. $ ./~~- #961260020602 56. 160 EA. CORNER, TERMINAL OR PULL POST WITH C~s & F~TT~NGS $ /EA. $ #961260020603 57. 200 LA. BRACE ASSEMBLY $ ~'~-~' "~ /EA. #961260020604 58. 40,000 L.F. FENCING INCLUDING TOP PAIL, TENSION WIRE, TIES, ETC. $ ~"/~ /L.F. $_~Y~-~~' #961260020405 59. 40,000 L.F. BARBED WIRE: 4 POINTS 3 STRANDS ON 45~ EXT. ARMS $/~ ~"/--~'~/L.F. $ -- #961260020606 60. 20 EA. SINGLE GATE 4' WlOE $ ///~?- ~ /EA. #961260020607 61. 10 EA. DOUBLE GATE 8' WIDE $ //~' ~ /EA. #961260020608 62. 10 EA. DOUBLE GATE 12' WIDE $ /~'~- ~'~ /EA. #961260020609 63. 20 EA. DOUBLE GATE 24' WiDE $ j~. ~r~ /EA. $.., .~. ,~¢ NAME OF BIDDER MARTIN FENCE C0. ~LOTE TO p~OS~C_TIV~ BE SURE TO HA VE THE INVlTATION FOR BID, [BIDDER ACKNOWLEDGMENT (BLUE) FORM] SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR RRM OR YOUR BID I/Il'ILL NOT BE CONSIDERED RESPONSIVE. PAGE 19 OF 58 JI./NSL/619/PA-22 CLF-P33B 05/23/97 PA¢ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY Mg2Xl'AGER SUBJECT: AGENDA ITEM # 9. ~. - REGULAR MEETING OF MAY 19, 1998 REQUEST FOR MORATORIUM ON THE USE OF IN LIEU OF FEES FOR PARKING EAST OF THE INTRACOASTAL WATERWAY DATE: MAY 15, 1998 Attached is a request from the Parking Management Advisory Board to impose a moratorium until January 1, 1999, on in lieu of parking fees for property located east of the Intracoastal Waterway. The Board feels that no further agreements should be made until some parking solutions can be resolved. Also attached is a staff analysis of the request. In summary, staff feels it is appropriate at this time to modify the current in lieu parking regulations to raise the fee to an amount that more closely approximates the true cost of providing parking, and to eliminate or modify the financing options. Such an amendment will likely take three to four months to research, draft, and process through the various review boards. In the meantime, the City Commission should retain the option to approve in lieu fee agreements on a case by case basis. The Parking Management Advisory Board should continue to evaluate these projects and make recommendations to the City Commission on approval or denial and on payment structure. The recommended action is to not consider a moratorium at this time. Direct staff to do a study of the in lieu fee program and process an amendment to the in lieu fee regulations. The Trouser Shop 439 East Atlantic Avenue Delray Beach, FL 33444 May 4, 1998 Mr. David Harden City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 RE: Moratorium on In-Lieu Fees East of the Intracoastal Dear Mr. Harden: The Parking Management Advisory Board, at its meeting of Tuesday, April 28, 1998, approved putting a moratorium on in-lieu parking fees east of the Intracoastal until January 1, 1999. Several requests have come before the Board recently, and until some parking solutions can be resolved, the Board felt that no further agreements should be made. We would appreciate your putting this item on the next regular meeting of the City Commission for approval. If you have any questions, please feel free to call me at 278-5626. Th ention to this matter. vice Chair Parking Management Advisory Bo /d c: Bob Barcinski SUBJECT: CITY COMMISSION MEETING OF MAY 19, 1998 REQUEST BY THE PARKING MANAGEMENT ADVISORY BOARD FOR A MORATORIUM ON THE USE OF IN-LIEU FEES FOR PARKING EAST OF THE INTRACOASTAL WATERWAY. At its meeting of Tuesday, April 28, 1998, the Parking Management Advisory Board voted to request that a moratorium be placed on the approval of in-lieu parking fees for development in that portion of the Central Business District (CBD) located east of the Intracoastal Waterway. The request has been placed on the City Commission agenda for direction. If the Commission determines that a moratorium is appropriate, an ordinance will be drafted and scheduled for first reading on June 2, 1998. The option to utilize in-lieu fees for parking was originally developed as a tool to support redevelopment efforts in the downtown area. When the program was first initiated, it was only available to a relatively small area of the current downtownmthe first block north and south of Atlantic Avenue, between Swinton Avenue and the Intracoastal Waterway. The basic premise for the program was that since the City had a substantial base of both on-street and off-street public parking in this area, utilizing in-lieu fees to meet development requirements would not overtax the existing parking system. Since that time, there have been several changes to the Land Development Regulations which increased the area in which in-lieu fees are permitted. Today, in-lieu fees may be utilized in the entire CBD, including the area east of the Intracoastal Waterway; the OSSHAD district; and, the West Atlantic Avenue Redevelopment Area. In 1993, the Parking Management Team made a request that the fee be increased from $2,500 to $6,000 and that a financing option be included. The increased fee was based on a study of actual parking lot construction costs, and the financing option was added to make it easier for small developers to pay the increased cost. These changes were adopted and are reflected in the current regulations. In the past few months, several requests have come before the Board for in-lieu parking and there was considerable discussion at each of these meetings regarding parking availability east of the Intracoastal Waterway. The concern is that the supply of existing public parking in this area is inadequate and the potential to provide additional public spaces is extremely limited. The Board has continued to support the downtown redevelopment effort and the individual City Commission Documentation Moratorium on in-lieu fee parking agreements east of Intracoastal Waterway Meeting of May 19, 1998 Page 2 projects which it has reviewed. Since the acceptance of an in-lieu fee agreement has been a necessary component of these projects, the Board has reluctantly voted to recommend approval of the agreements. However, they have reached a point where they feel they can no longer support additional agreements until a solution to the parking shortage is reached. The Board has discussed the construction of a parking garage in this area as a method of meeting the increased demand for parking. However, there is considerable concern on how to fund the project and where it should be located. The problems of high land values, lack of vacant property and high construction costs for structured parking all need to be addressed. It is widely acknowledged that the current in-lieu fee of $6,000 is inadequate for the purchase of land and construction of surface or structured parking in this area. Therefore, the Board is requesting that the City Commission place a moratorium on new agreements until the potential for additional public parking can be determined, and the current fee and financing options can been evaluated. While staff shares many of the concerns of the PMAB regarding the availability of parking on the east side of the Intracoastal, we have the following reservations regarding the enactment of a moratorium: 1) Suspending the enforcement of an ordinance through the use of a moratorium is a serious action that should be reserved for drastic circumstances in which no real alternative exists. It is not clear that this is such a situation. Section 4.6.9(E)(3) of the Land Development Regulations states as follows: "In-Lieu Fee: If it is impossible or inappropriate to provide the number of on-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions:" As described above, the in-lieu fee is an option that may be used when specific findings are made, that is, when it is determined to be impossible or inappropriate to provide the parking on-site. In most cases involving new construction or additions to existing buildings, there is some ability to provide parking. These agreements may be accepted or rejected based on their appropriateness, and payment schedules may be modified to suit specific conditions. A moratorium would take away the ability to make decisions based on individual conditions. 2) Eliminating the option of the in-lieu fee restricts the ability for changes of uses to occur in existing buildings. The conversion of existing office space to retail, or retail space to restaurants, would be severely limited in buildings that have no ability to construct additional parking spaces. Typically these conversions require only one or two additional spaces (for example, the expansion of Cafe Luna Rosa and Cafe La Boheme into existing floor area required one space each; Java Bean Junction required two spaces). These projects involved substantial upgrades to existing buildings, which would probably not have occurred without the in-lieu option. City Commission Documentation Moratorium on in-lieu fee parking agreements east of Intracoastal Waterway Meeting of May 19, 1998 Page 3 3) The potential for use of the in-lieu fee east of the Intracoastal is already limited by the relatively small area that is zoned CBD, and its mostly built-out nature. In addition, this section of the CBD has stricter height and density regulations than the west side, which further restrict the intensity of development. Given this limited development potential, the ultimate number of parking spaces that will be replaced by an in-lieu fee in this area is not likely to be significant. It is appropriate at this time to modify the current in-lieu parking regulations to raise the fee to an amount that more closely approximates the true cost of providing parking, and to eliminate or modify the financing options. Such an amendment will likely take three to four months to research, draft, and process through the various review boards. In the meantime, the City Commission should retain the option to approve in-lieu fee agreements on a case by case basis. The Parking Management Advisory Board should continue to evaluate these projects and make recommendations to the City Commission on approval or denial and on payment structure. 1. Direct staff to initiate the process to hold the required public hearings to impose a moratorium on new in-lieu fee parking agreements east of the Intracoastal Waterway. 2. Consider a moratorium on in-lieu fee parking agreements east of the Intracoastal Waterway only for projects which involve the creation of new building area. Continue to allow in-lieu fee parking agreements for redevelopment of existing building area and changes of use. 3. Do not consider a moratorium at this time. Direct staff to study the in-lieu fee program and amend the regulations. Do not consider a moratorium at this time. Direct staff to do a study of the in-lieu fee program and process an amendment to the in-lieu fee regulations. Attachment: Letter of Request from PMAB Vice-Chair Bruce Gimmy s:\planni~l\docume~l\reports\inlieu.doc printed 5/13/98 GREATER DELRAY BEACH CITY CLERK ,Chamber of Commerce To: Honorable Jay Alperin and City Commissioners From: Bill Wood, 279-1380, 14 Subject: In lieu parking fees Date: May 18, 1998 At your May 19th meeting you will be discussing the issue of in lieu parking fees. On behalf of the Greater Delray Beach Chamber of Commerce we respectfully request you not impose the moratorium recommended by the Parking Management Advisory Board. Sectioning off one part of our downtown, the beach, and imposing a development restriction that applies only to that area is very divisive. It also doesn't fix anything. The in lieu parking fee was a wonderful tool to help encourage development in the downtown. It can still be useful but as currently framed does not help offset the lack of parking as it should - on the beach or anywhere else. We suggest instead that a more vigorous effort be made to determine an appropriate charge based on the approximate cost of building a parking space in a garage. We also believe the timeframe a developer has to pay this fee should be reviewed. We are an All America City. We, better than most communities, know the importance of working together to solve problems. This is simply one more that we need to work on together. 64 SE 5th Avenue Delray Beach, FL 33483 561/279-1380, ext 14 bwood(~delraybeach.corn MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~( SUBJECT: AGENDA ITEM # - REGULAR MEETING OF MAY 19, 1998 ADDITIONAL INFORMATION FOR ITEM 9.A. (REQUEST FOR MORATORIUM ON THE USE OF IN LIEU OF FEES FOR PARKING EAST OF THE INTRACOASTAL WATERWAY) DATE: MAY 18, 1998 Attached is a additional information submitted this afternoon by Mr. Krall pertaining to the above referenced item on tomorrow 'night's agenda. ref:agmemo5 LAW OFFICES LISTICK 8: KRALL, P.A. 818 E. ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33483 (561) 276-7424 MICHAEL M. LISTICK FAX (561) 278-6909 MARK L. KRALL e-maih delray law~juno.com OF COUNIEL May 18, 1998 Delray Beach City Commission City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Parkinq Manaqement Advisory Board Dear City Commissioners: I am writing this letter on behalf of the Beach Side Business Association, a Florida joint venture, which is comprised of business owners whose purpose is to preserve and enhance the business climate in the beach commercial area of downtown Delray Beach. Several members of the Association attended a meeting of the Parking Management Advisory Board on Tuesday, April 28, 1998. The comments and recommendations stemming from said meeting were significant enough to generate the following headline in the Palm Beach edition of the Sun-Sentinel the next day: "Panel: Put Brakes On Downtown Parking". Upon reading the Article it is clear that the primary focus of the Board was not to offer solutions to the parking problem, but rather to simply discourage and/or prohibit commercial business in the downtown area. In addition, I have recently received several comments from various members of the Association in attendance at the Board meeting who concluded that the meeting sounded more like a homeowners association meeting as opposed to a meeting of the Parking Management Advisory Board. The problems with this attitude are obvious; however, the fact which cannot be ignored is that commercial activity is already flourishing in the downtown area, particularly along the AIA / Atlantic Avenue area, and the task of the Parking Management Advisory Board should not be to ignore the problem, but rather to offer solutions to resolve the problem. Furthermore, the Board's focus should be that of dealing with present and future commercial activity, not the prohibition of commercial activity. The so called "parking problem" is nothing new to the beach area. In July 1991, the City Commission appointed a Parking Study Committee to address the parking issues in Delray Beach. The conclusion of that committee was that a Parking Management Team Page 2 May 18, 1998 City Commissioners should be appointed to provide leadership in connection with the future planing, development, construction and operation of parking. The committee also reported that there was a parking problem in the Beach Area (even back in 1991) which was compounded by a parking supply problem, and offered various solutions to the supply problem including but not limited to an employee parking permit program in municipal lots. Finally, the report emphasized the need for a Parking Trust Fund to be supplied by revenue from In - Lieu fees, meter revenue, enforcement revenue and contributions from the DDA, CRA, and the City. It is clear to our Association that various members of the existing Parking Management Advisory Board are not dedicated to the improvement of the parking problem, but rather, are more interested in restricting and/or reducing the existing commercial activity in the beach area. Obviously, there are other groups or boards which may choose to take an anti commercial activity stance; however, we strongly feel that this should not be the primary focus of the Parking Management Board or its members. Very truly yours, MLK:lek cc: Diane Dominguez Chris Brown William J. Wood MEMORANDUM DATE: May 12, 1998 TO: David Harden, City Manager FROM: Lula Butler, Director, Community Improvement RE: BFI Performance - February 1998 through April 1998 ITEM BEFORE THE COMMISSION: Consider staff report containing statistical information on BFI's performance during the 90-day period of February, 1998 through the end of April, 1998, pursuant to City Commission direction. BACKGROUND: The City Commission approved changes to the contract and City ordinance regulating the contracted waste hauler's pick up schedules throughout the town in February, 1998. The changes proposed by BFI were in response to citizen complaints and staff documented concern of their ability to remove all bulk and vegetation under the initial schedule approved and implemented October 1, 1997. At that meeting, the President of the Seacreast Neighborhood Association expressed concerns with BFI's ability to perform consistently as well as acknowledging the fact that his neighborhood would prefer to have vegetative and bulk pick-ups on Mondays. The Commission approved the changes as proposed by BFI and directed staff to report back to them after a 90-day period on their performance. Staff believes BFI has met and performed according to the terms specified within their contract with the City. The company works cooperatively with staff and responds daily to individual complaints brought to their attention. The attached staff report from the Code Enforcement Administrator details our monitoring efforts and comparative information during this period to the same time period for 1996 and 1997. BFI management staff and the Seacreast Neighborhood Association President have been invited to this meeting to address the Commission and answer questions from the Commission. LB:DQ Attachment BFI.598(Ib) MEMORANDUM TO: Lula Butler, Community Improvement Director FROM: Richard Bauer, Code Enforcement Administrator SUBJECT: BFI PERFORMANCE 2/98 THROUGH 4/98 DATE: May 11, 1998 1. a. I have listed below information comparing citizens' and Code Enforcement personnel inquiries from February through April 1998 to the same period in 1997 and 1996, (Waste Management was the City's contractor in 1996). All information is from the Code Enforcement computer system. i~:~:~<"~'~"'i-:~ ..................... ~'"'"'~:~ ~' ~:~'::~:"'<~~ ~::~:;'"--~ ................................. BFI 2/98 69 3/98 40 4/98 53 Total 162 BFI 2/97 93 3/97 116 4/97 165 Total 374 WASTE MANAGEMENT 2/96 42 3/96 39 4/96 65 Total 146 Please note, we do not comment on the validity of the inquiries only the quantity received. The data shows current BFI inquiries are at approximately the same level as those received about Waste Management. The data also indicates a significant reduction from 1997 to 1998 inquiries concerning BFI. b. General geographical break down of citizen/code enforcement inquiries for February through April 1998: NUMBER OF INQUIRES RECEIVED 17 7 12 NUMBER OF INQUIRES RECEIVED 8 10 13 NUMBER OF INQUIRES RECEIVED 30 18 26 NUMBER OF INQUIRES RECEIVED 12 5 1 Remainder of inquiries were from various other City areas. 2. During the last 3 months, Code Enforcement personnel targeted specific neighborhoods such as Lake Ida, Seacrest, Southwest, Northwest (south of Lake Ida Road), Southeast, Tropic Isles, Tropic Palms, Bass Creek, and North Federal Highway to spray paint trash and vegetation piles on the days prior to scheduled collections. Literally thousands of trash and vegetation piles were spray painted. Either the Code Enforcement Administrator or a Code Enforcement officer toured the areas selected for spray painting with the BFI field supervisor after the scheduled collections. In all instances, we found virtually every trash or vegetation pile was properly collected. The Code Enforcement Administrator received two calls within the 90-day evaluation period from the Seacrest Homeowners President's office concerning BFI collection problems. In one case (concerning a missed trash pile), we could not verify the nature of the problem but did have the situation corrected and in the other case (concerning spillage), we immediately reported the occurrence to the BFI Field Supervisor. 3. We also determined that BFI is collecting properly containerized vegetation and minor bulk items on other than regular bulk and vegetation collection days as called for in their revised procedures of February 2, 1998. In effect, citizens can place properly containerized vegetation and certain bulk items out for collection on both scheduled weekly garbage collection days. RB:mh Date: May 12, 1998 Agenda Item No. ~- ~ · AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: May 19, 1998 Description of Agenda Item: BFI Performance - February 1998 through April 1998 Ordinance/Resolution Required: Yes Draft Attached: Yes / No Recommendation: Commission Action Department Head Signature: ~ 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 # & Description: Account Balance: City Manager Review: HoldAppr°veduntil:f°r agenda: ~/No ~pk~11 Agenda Coordinator Review: Received: Action: Approved / Disapproved s/ga trash is now going to be sitting there until Thursday and~c~f~~ rest of the residents are the ones who have to look at it for the better part of a week. Mr. Butera stated this is a serious issue among the members of Seacrest Homeowners Association. There being no one else who wished to address the Commission, the public hearing was closed. A lengthy discussion ensued, after which Mr. Egan commented that what he was hearing was that there is a lot of frustration and confusion about the garbage collection service. The City has had the contract with BFI for nearly a year and a half and it seems that everyone is still confused about their schedules and on what days different items are picked up in their neighborhoods. BFI has represented this evening that the pro- posed change will enable them to provide better service to the City's residents. Mr. Egan stated he would be willing to go along with the change, but he wanted a review in a defined period of time. Then have everybody come back, and if the residents are not happy or service has not improved, he felt the Commission should consider revoking the contract or revisiting the whole system. On suggestion from Mr. Schmidt, the City Attorney stated that the amendment to the franchise agreement should probably be changed to provide that the City Manager can rethink it and rescind the approval if it is not working within a given period of time, say 60 to 90 days. She proposed that paragraph 2. of the Amendment %4 to the franchise agreement be modified to include language that says if, within 90 days from the effective date of the amended agreement, the City decides to disapprove the change, then the parties agree that this Amendment %4 shall be null and void and that both parties agree that the ordinance will be changed back to its original form. Mr. Randolph moved to approve Ordinance No. 6-98 on Second and Final Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to approve Amendment %4 to Solid Waste and Recycling Collection Franchise Agreement Dated August 8, 1996, as amended by the City Attorney. The motion was second- ed by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. 10.B. ORDINANCE NO. 1-98: An ordinance restating and amend- ing 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 -16- 01/20/98 [~ ~ ~ ~ :t~ ~ :~ :~ ~ ~ j j ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ j ~ ~ ~ ~ :r ~ ~ ~ ~ ~ ~ :~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~::.T:~::::::::.::~:~:~:: ~ ~ j ~::.::~:~::?~::t :::::.j.t.::~::::::.::~:~::.:.::~::?~::t::::::.:.T:~::::::::.: j ~:::::::: ::.:.:.:.:.:.:.::~::::.:: ::.:.: ............. :::::::::::::::::::::::::::::::::::::::::::::: .... TO: DAVID T. HARDEN, CITY MANAGER FROM: DANIEL J. MARFINO, Sl=NIOR ~LANNE.~~__~..~ RE: MEETING OF MAY 19, 1998 CONDITIONAL USE REQUEST TO ESTABLISH A SELF-SERVICE STORAGE FACILITY, KNOWN AS "STORAGE AMERICA". The subject property occupies an entire city block (3.36 acres) at the northwest corner of S.W. 10th Street and S.W. 14 Avenue, approximately 450 feet east of Interstate 1- 95, within the Light Industrial (LI) Zone District. The property is currently vacant, and is bordered by warehouse & industrial uses, and other vacant land. As part of the conditional use request, a sketch plan was submitted for the proposed facility. This plan depicts a three-building, 55,800 sqff. complex, which includes a manager's apartment and ancillary truck rental services. For an additional description and analysis of the proposal see the attached P&Z staff report. This item was continued from the April 20, 1998 P&Z Meeting, and will be considered at its meeting of May 18, 1998. The Board's recommendations and comments will be presented at the May 19th City Commission meeting. By motion, approve the Conditional Use Request to establish a self-service storage facility, subject to the findings and conditions as recommended by the Planning & Zoning Board. Attachment: · P&Z Staff Report and Documentation of May '18, 1998 MEETING OF MAY 19, t998 CONDITIONAL USE REQUEST TO ESTABLISH A SELF-SERVICE STORAGE FACILITY. KNOWN AS "STORAGE AMERICA". This item was continued from the April 20, 1998 P&Z Meeting, and was considered at its meeting of May 18, 1998. The Board voted 5-0 (Bird and Carbone abstaining) to recommend approval pursuant to the conditions listed below. Comments in "bold" text, represent modifications made at the May 18th meeting, and not reflected in the staff report provided. Recommend to the City Commission approval of the conditional use request to establish a self-service storage facility based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5. (E)(5) (Compatibility) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the following conditions: A. Submission of a full site application to be processed pursuant to Section 2.4.5 (F) of the Land Development Regulations, which addresses the technical comments and concerns identified during the conditional use process. B. Submission of a subdivision plat application to be processed pursuant to Section 2.4.5 (J) of the Land Development Regulations. C. In addition to required landscape improvements pursuant to Section 4.6.16, create a landscape berm system around the perimeter of the subject property, in order to lessen the visual impact of project on the surrounding area. D. Incorporate architectural features and variations in the facade to provide relief from the building mass and to provide a more interesting building elevation. E. Compliance with all elements of LDR Section 4.3.3 (A) - Special Requirements for Se/f-Service Storage Facilities. F. Parking in front of bay doors of individual storage units is to be temporary, for purposes of loading and unloading. At no time should these vehicles be left unattended. This also applies to the striped loading areas adjacent to the "indoor storage" building. Signage shall be provided through out the complex clearly addressing this issue. G. Rental trucks may not be parked in the exterior parking lot. H. Final project design should attempt to relocate truck rental parking further to the interior of the compound, and relocate access to S.W. 15th Avenue. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 20, 1998 (Continued From March 16, 1998 Meeting) IIAGENDA ITEM: I¥.D. I ITEM: Conditional Use Request to Allow the Establishment of a Self-Service Storage Facility (Storage America) to be Located at the Northwest Corner of S.W. 10th Street and S.W. 14th Avenue. GENERAL DATA: Owners .................................... Henry Colombi & Marjorie Stephens Applicant ................................. Ken Thorne Agent ......... ............................. George Brewer Location .................................. Northwest comer of S.W. 10th Street and S.W. 14th Avenue Property Size .......................... 3.36 Acres Future Land Use Map ............. Commerce Current Zoning ........................ LI (Light Industrial) Adjacent Zoning ............ North: LI East: LI South: I (Industrial) West: i Existing Land Use ................... Vacant Land Proposed Land Use ................ Conditional Use Request to allow the Construction of a 54,800 sq. ff. self-service storage facility, a 1,000 sq. ft. associated managers apartment, truck rental, with associated parking, landscape, and drainage. Water Service ......................... n/a. Sewer Service ......................... n/a. IV.D. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request to establish a self- service storage facility, (known as Storage America), pursuant to LDR Section 2.4.5 (E). The subject property occupies an entire city block (3.36 acres) at the northwest comer of S.W. 10th Street and S.W. 14 Avenue, approximately 450 feet east of Interstate 1-95, within the Light Industrial (LI) zoning district. A sketch and preliminary drainage plan is accompanying the request and is attached. A full site plan submittal will be required if conditional use approval is granted. The subject property is currently vacant, and is bordered by warehouse & industrial uses, and other vacant land. The property is platted as Block 4, of the plat of Delray Beach Heights Extension, Replat of Sections A & B, which was recorded in 1968. Block 4 is divided into 16 individual lots (approximately 0.2 acres each), originally designed for residential development, presumably duplex. The subject property was never developed under its odginal residential design, and has remained vacant. The property has experienced numerous zoning and land use changes since it was platted in 1968. A chronology of the more recent changes is as follows: September 1984: The subject property was rezoned from RM-6 (Multi-Family 6 units/acre) to LI (Light Industrial). November 1989:_ With adoption of the Comprehensive Plan, the Future Land Use Map designation was changed from Industrial to Transitional. october 1990: With adoption of the Land Development Regulations and Citywide rezonings the property was rezoned to RM (Multi-Family Residential). December 1994: The City Commission approved a City initiated Future Land Use Map Amendment to Commerce, and the zoning to LI (Light Industrial), which it remains today. The entire property is located within Wellfield Protection Zones #1 and #2, as there are two active City potable water wells located in the S.W. 15th Avenue right-of-way, directly adjacent to the western property line. Planning & Zoning Board Staff Report Conditional Use Approval - Storage America (Self-Service Storage Facility) Page 2 The conditional use request is to establish a self-service storage facility with ancillary truck rental services, and an on-site manager's apartment. Pursuant to LDR Section 2.4.5 (E)(2) the applicant has submitted a sketch plan of the proposed facility. The sketch plan depicts a 55,800 s.f. facility, consisting of three individual buildings. The largest building is rectangular in shape and follows the perimeter of the property, creating a compound. The two smaller buildings are linear in design, and. Jocated within the compound. There is only one point of ingress and egress to the interior of the facility, which is controlled by an entry gate. The administrative office and manager's apartment are located adjacent to this control point. The remainder of the three buildings are composed of individual self contained storage units. A portion of the larger internal structure is designed for climate controlled or "indoor" storage units. Access to all individual storage units is internal to the compound. The sketch plan also denotes truck rental services, limited to five (5) vehicles. Five parking spaces, located internal to the compound, are designated for "Truck Rental". CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of CMR (Commerce) and a LI (Light Industrial) zone classification. The LI zoning distdct is consistent with the Commerce Future Land Use Map designation. Pursuant to LDR section 4.4.26(D)(3), self-service storage facilities are allowed as a conditional use within the L! zone district. Pursuant to LDR Section 4.3.3 (A)(8) the truck rental component is allowed as an accessory use, if specifically requested in the conditional use approval. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. Planning & Zoning Board Staff Report Conditional Use Approval - Storage America (Self-Service Storage Facility) Page 3 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Although not generally requested for conditional use analysis, preliminary engineering plans were requested in this case because the subject property lies entirely within Wellfield Protection Zones #1 and #2. According to the Palm Beach County Welifield Protection Ordinance no new ex'filtration drainage systems shall be const.ructed in Zone #1 or #2. The South Flodda Water Management District was consulted on t'h~s issue by the applicant, and did approve, in concept, the submitted on-site dry detention drainage plan. SFWMD did specify that the bottom of each retention area must be at least one (1) foot above the wet season water table. Staff has identified a possible conflict with the ability to construct the needed swale width, and a landscape berm, in the stated 17 foot area on the east and west sides of the project. It may be necessary to further reduce the size of the project in order to address this issue. In addition, the City Engineer has identified several technical issues with the respect to the drainage and sketch plan. All issues should be addressed when submitting for final site plan approval, if conditional use 'approval is granted. Water: Preliminary engineering plans indicate water service will be provided via 6" lateral extensions to the existing 6" water mains located within S.W. 14th Avenue and S.W. 15th Avenue, to form a single intemal main. Adequate fire suppression will be provided via the installation of fire hydrants every 300' intemal to the site. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's water treatment plant for the City at build-out. Sewer: Sanitary sewer service to the facility is proposed via a lateral extension from an 8" sanitary sewer line located within S.W. 14th Avenue. No sewer main extensions or upgrades would be necessary with respect to the proposed use. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the South Central Regional Water Treatment Facility for the City at build-out. Traffic: A traffic impact statement was submitted which stated the proposed use would generate 156 trips per day into the surrounding roadway network. There is adequate capacity on the surrounding road way network to accommodate the stated traffic impacts. Thus, a positive finding with respect to traffic concurrency can be made. Planning & Zoning Board Staff Report Conditional Use Approval - Storage America (Self-Service Storage Facility) Page 4 Parks & Recreation: Park dedication requirements do not apply for non-residential uses, however the requirement does apply for the manager's apartment, which is a single dwelling unit. Pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to the issuance of building permits for each structure. Thus an in-lieu fee of $500.00 will be required of this proposed use. The single dwelling unit will not have a significant impact with respect to level of service standards for parks and recreation facilities. Solid Waste: Trash generated from the proposed 54,800 s.f. facility, and attendant apartment, is estimated to be 148.76 tons. per year. This amount can be accommodated by existing facilities and thus, will not be significant with respect to level of service standards. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. SECTION 2,4.5(E) REQUIRED FINDINGS: (Conditional U~e) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must mak& findings that establishing the conditional use will not: A. Have a significantly 'detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The proposed use will be located in an established industrial area, in which all surrounding property is zoned either I (Industrial) or LI (Light Industrial). The nearest residential development is Carver Estates to the northeast of the property. Given that impacts such as noise, odors, and other industrial side effects are minimal or non-existent with self-service storage facilities, it is a good transitional or buffer- type use for this location. In addition, a self-service storage facility generates very little traffic, and provides a service which is in demand. Planning & Zoning Board Staff Report Conditional Use Approval - Storage America (Self-Service Storage Facility) Page 5 There is a concern however, with the visual impact such a facility would have. This is especially true on S.W. 14 and 15 Avenues, where approximately 600' of straight linear walls are proposed. The applicant has not submitted elevations with the conditional use request. The extedor appearance of the building will be a critical element of the site plan review process. Variations in the facade and incorporation of architectural elements will help to provide relief from the building mass. Staff also recommends imposing a condition of.approval to provide landscaping in excess of code requirements along all perimeter areas, including landscape berms. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use Request a sketch plan was submitted which has been reviewed by staff. Technical comments have been transmitted to the applicant. If the Conditional Use is approved, a full site submittal will be required complying with LDR Section 2.4.3 and addressing the technical items and concerns raised through the conditional use process. Based upon staff's review of the preliminary sketch plan, and site inspections, the following is a list of the more apparent problems which have been identified: LDR Section 4.3.4 (K). Development Standards Matrix: Open Space: The Development Standards Matrix lists a minimum 25% non-vehicular open Space requirement for the Light Industrial zone district. Although the project data table on the submitted sketch plan lists '~otal open landscaped area" to be 31% of the site, staff' calculations estimate it at just under 28%. The exact percentage needs to be cladfied with the site plan submittal. In addition, the required survey of the subject property should state th~ exact land area. .LDR Section 4.3.3 (A) Special Reauirements for Self-Service Storage Facilities (A)(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 out door storage of boats and vehicles, from the adjacent rights-of-way. The sketch plan as submitted does not minimize the sight lines to interior bay doom as much as it could. Modifications should be made to improve the screening with the site plan submittal. (c) Parking shall be provided at rate of one (1) space per 5,000 square feet of building floor area devoted to self-storage and accessory management/administration uses. This requirement may be'modified during the site plan approval process if a Planning & Zoning Board Staff Report Conditional Use Approval - Storage America (Self-Service Storage Facility) Page 6 sufficient number of storage units have direct vehicle access, and internal driveways are designed to allow customers fo safely park in front of their storage unit without impeding internal circulation. The project data table from the sketch plans lists the total building footprint at 54,800 s.f., and a manager's apartment at 1,000 s.f., for a total project square footage of 55,800. According to the 1 per 5,000 s.f. parking requirement listed above, this project is required to have 11 total parking spaces. In addition, the applicant is requesting truck rental services, which requires additional parking spaces. The sketch plan shows 8.p.~rking spaces (1 handicap) in the external parking lot. The remainder of the spaces are provided internal to the compound adjacent to individual bay doors. The code allows for these spaces to be counted towards meeting the minimum requirement. Therefore the project complies with the parking requirement. Section 4.3.3. (A)(5) Hours of Operation: SSSF customers may not access individual storage units before 5:00 AM, or any later than 9:00 PM. Hours of operation may be further restricted when it is deemed that rooming and evening traffic into and out of the facility may negatively impact the character of an adjacent residential area. In no circumstance shall customers of any SSSF have 24 hour access to their storage unit(s). Although the applicant did not state the intended hours of operation for the facility, it is limited to the hours of 5:00 AM to 9:00 PM, as referenced above. Section 4.3.3. (A)(7) Outdoor Storage of Vehicles and Boats: The outdoor storage of boats and vehicles is permitted only if specifically addressed during conditional use approval proc-ess. 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. Outdoor storage of boats and vehicles is not proposed at this time. If the outdoor storage of boats and/or vehicles is requested in the future, it will require a modification to the Conditional Use Approval. Sect/on 4.3.3. (A)(8) Truck Rental: Truck rental may be conducted as an ancillary use, if specifically permiffed 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. The applicant has requested the ability to rent trucks from this facility. The submitted sketch plan designates five (5) parking spaces for rental trucks, and further states that no more than five (5) trucks will be provided for rental from this facility. The sketch plan shows a 12' high wall and screen surrounding the designated truck spaces. Planning & Zoning Board Staff Report Conditional Use Approval - Storage America (Self-Service Storage Facility) Page 7 Consideration should be given in the final design to moving these spaces more to the interior of the facility, in order to minimize visibility of these vehicles from the outside of the facility. While the parking requirement for has been met for the self-storage component, additional parking spaces will be required above and beyond the 1 per 5,000 s.f. calculation to accommodate truck rental. Current parking calculations account for five (5) rental trucks. Any increase in the amount of rental trucks provided from this facility will require a change in parking calculations, and a modification of the Conditional Use Approval. In addition, rental trucks are not to be parked in the exterior parking lot, for any reason. ~:::!:!::: >,"-' :." :::::"-~ ~:.": :::~ "::.'" :': ". '". ~: :i-~i>.:~>-:~:~,'-''' ~:':"-'"-".';.~-< .' :;>;:;: ~: ~ ~:"-' "."-<:>-:-<~-":>, ".>' '"'"::'.;';.;:'~'~. ?::~. ~'~. ;-"'::T:' :<' ~::::"" :~:'" :'""'"' ~'''' :"' ;':' :''< ::: + :' :'"'" "' :: '"':":' ':'~' :''>''~ ' ~::' :<' '':~' :: '~'~" >'""'>:: :~::'" :::'<::'~' :: '<~' :: >'~:" :' :: :::::' ::::: :"' '< >::: :"':: "' '":::::' '''''':¢': :'" :::~::: '":: :::::::::::::::: ::::::::::::::::::::::::::::: ::::;:[:::::::~: :::: :: ~'~:::: ¢ :! Fire Apparatus Accessibility: After a review of the submitted sketch plan, the Fire Department identified several areas internal to the compound which could not be negotiated by certain emergency vehicles. A minimum 45' outside turning radius should be provided around all comers internal to the compound. In addition, it was noted that emergency vehicles would not be able to access all areas of the facility if blocked by cars parked in front of storage units. While the code does allow this type of parking to be considered toward the total required amount, it should be limited to the temporary loading of items in or out of the storage unit. Vehicles should 'not be left unattended. Unattended vehicles must be parked in designated parking areas. The proposed Conditional Use Approval is not within a geographical area requiring review by the Downtown Development Authority or Historic Preservation Board. Community Redevelopment Agency (CRA): The CRA Board at its meeting of February 26, 1998, voted 3-2 to recommend denial of the Conditional Use Request, based on the following factors: 1. The proposed use would not provide jobs. 2. The proposed development is located on a parcel of land where an industrial park could be constructed, and would therefore take away from the economic potential of the area. Special Notices: Courtesy notices were provided to the following homeowners associations, agencies, and organizations: Planning & Zoning Board Staff Report Conditional Use Approval - Storage America (Self-Service Storage Facility) Page 8 · Progressive Residents Of Delray · Carver Park H.O.A. · Carver Estates H.O.A. · Delray Beach Heights H.O.A. · Delray Beach Housing Authority Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject prope~'. To date there have been no letters of support or objection from the - general public. Any letters of support or objection received subsequent to the printing of this report will be presented at the Planning & Zoning Board Meeting. As noted by CRA staff and board members, the proposed use will not create a significant number of jobs and spur economic activity in the way that an industrial park would in this location. However, the use does support small businesses and residences by providing additional storage area for business and personal items. Also, given the property's location within Wellfield Zones #1 and #2, a self storage facility is likely to pose fewer potential environmental hazards than industrial type operations. It will also create less of a compatibility problem with neighboring residential areas. There is a concern, however, regarding the visual impact of such a long, linear structure in the area. If the Board recommends approval, conditions should be imposed to mitigate this impact through creative elevation design, increased la.ndscaping (specifically the requirement of berms), increased attention to drainage issues, and strict adherence to LDR Section 4.3.3. (A), Special Requirements for Self Storage Facilities. A. Continue with direction. B. Recommend approval of the conditional use request to establish a self-service storage facility, based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5 (E)(5) (Compatibility) of the Land Development Regulations, subject to conditions. C. Recommend denial of the conditional use request to establish a self-service storage facility, based upon the inability to make positive findings with respect to Section 2.4.5(E)(5)'(Compatibility) of the Land Development Regulations. Planning & Zoning Board Staff Report Conditional Use Approval - Storage America (Self-Service Storage Facility) Page 9 Recommend to the City Commission approval of the conditional use request to establish a self-service storage facility based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5. (E)(5) (Compatibility) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the following conditions: A. Submissicu~3f a full site application to be processed pursuant to Section 2.4.5 (F) of the Land Development Regulations, which addresses the technical comments and concerns identified during the conditional'use process. B. Submission of a subdivision plat application to be processed pursuant to Section 2.4.5 (J) of the Land Development Regulations. C. In addition to required landscape improvements pursuant to Section 4.6.16, create a landscape berm system around the perimeter of the subject property, in order to lessen the visual impact of project on the surrounding area. D. Incorporate architectural features and variations in the facade to provide relief from the building mass and to provide a more interesting building elevation. E. Compliance with all elements of LDR Section 4.3.3 (A) - Special Requirements for Self-Service Storage Facilities. F. Parking in front of bay doors of individual storage units is to be temporary, for purposes of loading and unloading. At no time should these vehicles be left unattended. G. Rental trucks may not be parked in the extedor parking lot. Attachments: · Location Map · Sketch Plan MEMORANDUM DATE: May 12, 1998 TO: David Harden, City Manager FROM: Lula Butler, Director, Community Improvement ~ RE: Habitat For Humanity-Request For Release of Lien ITEM BEFORE THE COMMISSION: City Commission consideration of a request from Habitat for Humanity to release a Code Enforcement Nuisance Abatement Lien in the amount of $399.08 (as of April 30th), on vacant property addressed as 216 SW 13th Avenue. Habitat is pursuing the acquisition of this vacant parcel for its affordable housing program. BACKGROUND: On November 5, 1992, Code Enforcement removed several dead trees from the property and subsequently billed the owner. Non-payment of the abatement costs resulted in the lien to the property. The City's actual out-of-pocket expense was $223.78. The balance of the lien is the accumulated interest and administrative charges. The Commission has considered request to release liens and has approved some based on demonstrated hardships or other related reasons. RECOMMENDATION: Staff is recommending release of the lien amount above the City's actual out-of-pocket expenses of $223.78 in support of the affordable housing efforts done by Habitat for Humanity. The Commission may consider a release of the entire lien amount provided Habitat is able to acquire the property at a price that is below the market value. 13:01 FAX 407 394 7621 HABITAT HUMANITY [~02 ?. FOR HUMANITY of ~ca-Delray 2200 N.W. 2ndAvenue ~~~ B~a Raton, Florida3343, (561) 394-6070 Fax (561) 394- 762 ~ Lul Butler '.D~'~ctor of Community lmprovcme~ ,~,~.~y of Delray Beach '" Delray Beach, FI. 33444 Dear lvlrs, Butler; i" "~.':" .... ) ' We are ~n the process of ~uiring the vacat%[ lot at 216 SW 13~ Ave in Delray >" .... '["" ~ ~om tI~e es~t~ of A~exand~r A, Simon. In choking the title, we found ~ B~k "' ) ~"" ~ ., :'~ . · . .. .' Pa~e 7~:~'{'~'~ubtic Rocca'ds of Palm Beach County a Delray B~ch C~ty L~ m ~' am0~,~t of 395.18. Thi document is Resolution ~3593. ., ~ , ~ · · We s~ke with Mr. Simon (no relation) in your office about the possibility of ~:. '. "?..i'~ifi8 a release'of/his lien for Habttat for Humamty so that we m~ght close on this , ~, ,,:,4,= ' ~.,~ '::'::.'?~ '~y with no ~nher expense to Habitat. He suggested that we make this request to ., ' .~" '.0 )L?,P~.¥,?f..We aupte~ate all that the C~t7 of Delrny and your o~ce does to help us and we · ,~..~ ' ~ )~.. ,~~/ppreciate' an~hmg you can do to approve this request. '.': ., :' : ,.',;,.:,,., .,,.../.:,,,,, ;:. ,'.~ ~ L. Jonson .? ; S[tst for Humanity, Boc~D,lray ~ ~ ~fi~day, April 07, 199S ~BBt L - ~w . ...:,.. ~ : .,~',".'~%: .'p.~ ,~ · . ..... ,. ;.: ,..:;. ~':,,::.. i.~.~ ;.~ ~ ,,.'.'. : ..;.;.: ,.,.... ,. ,,./. ',~,~-.?' . . · .: : , :.~ ?, ,. .,~... " ....< ' ;' :~')~; "~"'k ~'.~4~;~)~'< ':, '" '" ,.. ,~a.~,~%.~.;,.& ~-~y~;';:;~. ;,.., . .~. ?;". ,.~, .. ,.,.~,.~ - . ~ ~ ~.~}~ v.- ~. ,,. CITY OF DELRAY BEACH CODE ENFORCEMENT 100 N.W. lST AVENUE NO 18705 ::i' DELRAY BEACI-~, FLORIDA 33444 - SOLD TO .,// Date NOVEMBER 16, 1992 ~SE -NA92-7812 '--] Tarm~ DUE DECEI~ER 16, 1992 .'. ROSA L. SCOTT 545 AUBURN CIRCLE E, #B DELRAY BEACH, FL 33444-4402 ., . . QUANTITY DESCRIPTION UNIT COST AMOUNT PRIEST'S ADDITION TO'ATLANTIC PARK GARDENS. ..,' LOT 16, BLK. 4. PB23P40 LOT CLEARING: REMOVAL OF DEAD TREES BY ALLEYWAY ON 11/5/92. $221. ADMINISTRATIVE FEE 55.00 TOTAL $276.10 to avoid' haVi, ga li~n filed on th.e p[operty, plus ..addibon~l admin- istrahVe & r~ording U'/8~..~. ' '1 001-0000-115-17.00 WHITE. CUSTOMER · YELLOW - CASHIER · PINK - ACCOUNTING · GOLDENROD - CONTROL Date: May 12, 1998 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: May 19, 1998 Description of Agenda Item: Request from Habitat for Humanity for Release of Lien for 216 SW 13th Avenue Ordinance/Resolution Required: Yes ~ Draft Attached: Yes / No Recommendation: Approve Department Head Signature: ~~ City Attomey Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: City Manager Review: Approved for agenda: ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 5/98 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS &,'";1%AM! IIR'~1%'~MI MIDI)II %,~MF I~AMEOI-UOARD,(YJUNCIIi~.COMMI.N.NION, AU1HONI]Y. ORCOMMIllEE WHO MUST FILE FORM 8B This form is for use by an.,,' person serxing at the county, cit.',', or other local level of go~ernmen! on an appointed or elected board. council, commission, authority, or committee, h applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.$14~1, FLORIDA ~TATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. in either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt lo influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest'. CE FORM #a. 1.91 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complele Ihe form and file it within 1:5 days after the vole occurs with the person responsible for.recording the minutes of ~he mcefing, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST / {a) A measure came or will come before my agency which (check one) ~ inured Io m.¥ special private gain; or (b) The measure before my agency and the nature of my interes~ in ~he measure is as follows: Date Filec~ ' t Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$,000. CE FORM #B - I-~1 PAGE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY M/X~IAGER SUBJECT: AGENDA ITEM # ~d,-_ REGULAR MEETING OF MAY 19, 1998 WATER SERVICE AGREEMENT WITH THE TOWN OF GULF STREAM DATE: MAY 15, 1998 This is before the Commission to consider approval of what is essentially a renewal of our agreement with the Town of Gulf Stream for the City to provide water service to the town, up to 800,000 gallons per day. Gulf Stream will pay on a monthly basis the prevailing water rate charged by the City to non-residential users plus a surcharge of 25%. The agreement shall become effective upon its execution by both parties and will remain in effect for a period of 25 years from the effective date. The Town of Gulf Stream approved the agreement at their meeting of May 15, 1998. Recommend approval of the water service agreement between the City and the Town of Gulf Stream. ref:agmemo9 WATER SERVICE AGREEMENT This Agreement made and entered into this day of , 19__, by and between the City of Delray Beach, a Municipal Corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the "City"), and the Town of Gulfstream, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as the "Town"). WITNESSETH: Whereas, the Town desires to purchase treated, potable water from the City; and, Whereas, the City has the ability and is willing to provide the water service desired to the extent provided herein. NOW THEREFORE, in consideration of the promises and agreements herein set forth to be observed and performed, the parties hereto agree as follows: RECITATIONS The Recitations set forth above are incorporated as if fully set forth herein. GENERAL PURPOSE The City shall sell and deliver to the Town, and the Town shall purchase and receive from the City, all water necessary to fulfill the water requirements of the Town, up to 800,000 gallons per day, during the effective period of this contract. In the event that, despite all reasonable diligence exercised by the City in developing and maintaining adequate sources of water supply, there should be at any time an insufficient supply of water available to fulfill the total requirements of all customers of the Town, due to prohibitions, restrictions, limitations or requirements of local, state of federal governmental agencies having jurisdiction over such matters or due to any other causes beyond its control including but not limited to those more specifically set forth in Section VII hereof, the City shall be deemed to have fully performed its duties and to have discharged its obligations hereunder if, in such circumstances, it shall furnish and deliver to the Town its surplus water over and above the needs of the inhabitants. In the event that the City is unable to fulfill the total requirements of all customers of the Town, then the Town shall have the right, without cancellation of this Agreement, to seek an alternative source of water to fulfill the needs of the inhabitants of the Town that are not at that time being fulfilled by the City. If the City is unable to supply the total requirements of all customers of the Town, this shall not terminate or cancel this Agreement. It shall always be the obligation of the Town hereunder to purchase all water necessary to fulfill the requirements of the Town up to 800,000 gallons per day from the City to the extent that the City is able to furnish such water to the Town and the fact that the Town may be obligated to or using an alternate entity and/or source of water supply shall not diminish the obligation of the Town in this regard. OUALITY OF WATER All water delivered by the City hereunder shall be of good and potable quality satisfactory for domestic use and shall have received the same treatment and be of the quality as that furnished by the City to all other customers of the City. POINTS OF DELIVERY AND METERING The water furnished hereunder will be delivered by the City, and will be accepted and received by the Town at the intersections of Old Dixie Highway, Gulfstream Boulevard, Pelican Lane and State Road A-1-A and at such other points as may be determined necessary by engineering analysis and as mutually agreed upon by the City and the Town. The City shall maintain facilities of sufficient capacity to provide the combined volume of water referred to in Section II, at the points referred to above. If any additional points of service are required, the Town shall pay the total cost of the additional facilities, including but not limited to additional meters. All existing and future facilities required and agreed to by the parties, including master water meters shall be owned and maintained by the City. Title to the existing twelve inch waterline and the existing master water meters have been transferred to the City, and a Grant or Grants of Easement to the connection have been made to the City. Title to future facilities and grants of easements, as required shall be furnished by the Town to the City at no expense to the City. The City's sole responsibility is the transmission of water to points of connection with the Town's water system, with the Town being responsible for billing their users and for maintaining their water system including the repair of users' meters. The City shall render a single bill monthly to the Town based on the master meter readings. AMOUNT TO BE PAID MONTHLY BY GULFSTREAM The Town is to pay the City the prevailing water rate charged by the City to non- residential users plus a surcharge of 25 %. As the rate for non-residential users is increased or decreased subsequent to the date of this contract the rate payable by the Town shall float with said increases or decreases, so that the rate payable by the Town is always 25 % greater than the water rate charged at any particular time to the City of Delray Beach non-residential users; provided, however, that in no case shall the rate payable by the Town exceed the prevailing water rate charged to City of Delray Beach residential users, plus a surcharge of 10%. In the event that, during the term of this agreement, the legislation relating to the ability to surcharge is amended, or in the event that it is determined by law that such a surcharge is not appropriate, then, and in that event, this agreement shall be modified so as to eliminate or decrease the surcharge to be consistent with the prevailing law, but in no event shall the surcharge, during the term of this agreement, be greater than the amount specified herein. If the master meter becomes inoperative during the first year after the acceptance of the line by the City, the City shall bill the Town on the basis of the last preceding month's bill while said master meter was operative. If the master meter becomes inoperative after it has been in operation for a twelve month period, the City shall bill the Town on the basis of the same month in the previous year. Payment by the Town to the City for water shall be within 30 days after furnishing monthly bills to the Town. 4 Upon the occurrence of an Event of Default by a Party, the non-defaulting Party shall have the right to terminate this Agreement and its services hereunder, and to disconnect or block the connection facilities. An Event of Default shall occur (1) upon failure of a Party to pay when due any amount hereunder, which non-payment shall not have been cured by the Party within thirty (30) days following the Party's receipt of written notice of such non- payment, or (2) upon failure of the Party to cure any non-monetary default within thirty (30) days after which it is given written notice, provided, however, that if such non-monetary default cannot by its nature reasonably be cured within such thirty (30) day period, an Event of Default shall not occur if the Party shall in good faith commence such cure within such period and shall thereafter diligently and continuously pursue such cure to completion at the earliest possible date. The full amount of all sums due or to become due to the non-defaulting Party hereunder, including but not limited to any unpaid water charges and accrued interest thereon, upon an Event of Default become immediately due and payable in full without further demand or notice. It is further provided, however, that the defaulting Party's payment to the non- defaulting Party of any disputed amounts shall not impair its rights to dispute or litigate any such said amounts. Repeated and frequent defaults, although subsequently cured within the thirty (30) day period, shall, in the non-defaulting Party's sole discretion, constitute a non- curable default, and shall result in an acceleration of all sums due or to become due to the non- defaulting Party. The remedies indicated by this paragraph shall be in addition to any other 5 remedy in law or in equity, which the non-defaulting Party might have or which might be provided by this Agreement. EFFECTIVE PERIOD OF CONTRACT This contract shall be and remain in full force and effect for and during a period of twenty-five (25) years from the effective date of this agreement. The Town agrees that the title to the facilities, as well as any easements necessary for the use and installation of same, shall be clear and the title shall be free of all liens and encumbrances. The easements shall be transferred to the City at no cost. FORCE MAJEURE: REOUIREMENTS OF LAW Any temporary or continuing cessation of the service by the City caused by an Act of God, fire, strike, casualty, major maintenance work, breakdown of or injuries to machinery, pumps or pipelines, civil or military authority, insurrection, riot, or other causes of the same kind as enumerated herein shall not constitute a breach of the Agreement on the part of the City, and the City shall not be liable to the Town for any damage resulting from such cession of service. The City shall use reasonable diligence in the operation and maintenance of its water supply and transmission facilities; however, the City shall not be responsible to the Town for any interruption of service due to causes beyond the City's control. During the Term of this Agreement, the parties shall be bound by their own ordinances governing water restrictions as well as any other applicable South Florida Water Management 6 District, County, State or Federal requirements governing water restrictions and governing the production of potable water. AGREEMENT BINDING UPON SUCCESSORS This Agreement shall inure and be binding upon the successors of each of the parties hereto; provided however, that in the event that, at any time during the effective period hereof, the Town shall sell all or any portion of its water distribution system, the purchaser thereof shall acquire no rights of any kind hereunder unless the City shall agree hereto in writing prior to the consummation of such sale. Neither the Town or the City shall assign, convey or transfer any rights or interest in this Interlocal Agreement without the consent of the other. All notices required pursuant to this Agreement shall be properly given if mailed by United States registered or certified mail addressed to the party to which notice is to be given at the following respective addresses: City of Delray Beach City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 Town of Gulfstream NEGLIGENCE Each Party shall be responsible for its own negligence in connection with, arising out of or incident to, the performance of this Agreement. SEVERABILITY The invalidity of any portion, article, paragraph, provision, clause or any portion thereof of this Agreement shall have no effect upon the validity of any other part or portion hereof. If a portion, part, provision, clause, paragraph, article is found by a court of competent jurisdiction to be invalid, the parties will negotiate substitute language to be binding on the parties. VENUE; APPLICABILITY OF LAWS To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. The Agreement shall be governed by and in accordance with the Laws of the State of Florida and applicable Federal Law in the event of a conflict and to the extent that Federal law preempts the laws of the State of Florida. OTHER AGREEMENTS REPEALED: MODIFICATIONS: EFFECTIVE DATE All previous resolutions and previous Agreements between the City and Town are hereby repealed. 8 Any modification to this Agreement shall be made in writing, executed by the Parties hereto, and filed with the Clerk of the Circuit Court pursuant to Florida Statute Section 163.01. This Agreement shall take effect upon its execution by both Parties, and its filing with the Clerk of the Court in and for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this instrument and an exact duplicate hereof to be executed in their names and their corporate seals affixed hereto and to said duplicate by their respective officers thereunto duly authorized, all as of the day and year herein before first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Mayor Approved as to legal form and sufficiency: By: City Attorney THE TOWN OF GULFSTREAM By: By: City Clerk Mayor Approved as to legal form and sufficiency: By: City Attorney gulfstrm.agt 9 I:IT¥ DF DELRII¥ BEFII:H CITY ATTORNEY'S OFFICE TM ~riteffs Dffect Line: ($dl) .243-?090 DEI. R^Y BE^CH Ali.America City MEMORANDUM ~IIII~ DATE: May 13, 1998 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~ SUBJECT: Update on Modular Newsrack Program - Free Publications At the Mayor's request, this memorandum will bring the City Commission up to date on the current status of the modular newsrack program for free publications, and advise the City Commission as to current issues regarding the continuous expansion of the program throughout the City. On August 6, 1996, the City Commission adopted Ordinance No. 27-96 which provided for the installation of modular newsracks in six locations in the Downtown Area. The modular racks were installed in February, 1997 through the cooperation of the publishers of the various free publications. The paid newspapers also have modular newsracks in the Downtown Area. Tom Trento proposed the design of the free publication modular newsrack, and it is my understanding that Mr. Trento undertook the responsibility to maintain the modular newsracks. After the modular newsracks were installed, Mr. Trento established a company named City Solutions. City Solutions undertook the modular newsrack program and began charging the various publications a rental fee return for the publishers' use of the modular newsracks. According to City Solutions, the rental fee charged offsets City Solutions' cost to install and maintain the free publications' modular newsracks in the City. The City does not have an agreement with City Solutions which permits City Solutions to collect rent for the placement of papers in the modular newsrack. Over the past several months, several publishers have complained about the rent charged by City Solutions, and now refuse to place their publications in City Solutions' modular newsracks. The City Attorney's Office advised City Solutions that City Solutions does not have the authority pursuant to any City agreement to charge rent, and that City Solutions should not charge rent. Apparently, City Solutions is still charging rent. City Commission May13,1998 · Page 2 City Solutions claims that in order to maintain the newsracks, it must be able to collect a fee to offset the cost to maintain the modular newsracks. Other than charging rent, City Solutions has provided the City Attorney's Office with information regarding modular newsrack programs which would permit the placement of advertising on the modular racks in order to generate revenue. The City Commission, however, expressed its opposition to advertising on street furniture at its May 12, 1998 meeting. Additionally, another company presented a proposal to place modular newsracks in the Downtown Area, and in other locations in the City. As a result of all of the information, City staff is now seeking direction from the City Commission regarding the future of the modular newsrack program. Several options include drafting a proposal to solicit bids from modular newsrack companies to provide modular newsracks within the City, allowing additional modular newsrack locations in the City, or buying modular newsracks and have City staff maintain the newsracks. The City Commission's input on the preferred course of action would allow City staff to address the various issues which we are dealing with today. By copy of this memorandum to the City Manager, I am requesting that this item be placed on the May 19, 1998 City Commission regular agenda. If you have any questions, please call. DNT:smk cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Lula Butler, Director of Community Improvement Randal Krejcarek, City Engineer Rich Bauer, Code Enforcement Administrator Newspaper Publishers & Distributors Tom Trento, City Solutions racksl .dm Around The House Publishing, Inc. 958 S. 1Wflitary Trail Suite 1203 West Palm Beach, Fl. 33415 561-969-7412 800-689-2717 May 5, 1998 To: City of Delray Beach Assistant City Attorney David Tolces Re.: Locations for modular newsrack The following Publications are waiting on your approval for modular newsracks in Delmy Beach. The modulars will be owned by each publication and future publications will have an oppommity to buy in to any location they request. This will enable Publishers to distribute their product more cost effectively and to eliminate the escalating monthly fees charged by company's that rent newsrack space. Our newsrack is truly modular in design as it is built in doubles or triples that are bolted together horizontally, creating a system that can be added to or deleted fi:om as needed. The color choices available are the present forest green or any color suitable to the city. The modular for Linten Blvd. will be in a sand color like the city buildings, as this is being installed on a voluntary basis for the city to evaluate for future use. Included is a document containing drawings and specifications on the racks design which was engineered by Martinez Kreh and Associates, Inc. a structural engineering firm in Miami. The newsrack has been certified to withstand winds in excess of 110 mph which is a requirement in Dade county and some community's in Broward COunty. Your immediate response to this matter will be greatly appreciated by all. Around The House Florida New Homes Guide New Directions Homes Review See Palm Beach The Real Estate Guide Real Estate Showcase of the Palm Beaches Todays Woman Car and Truck Buyers Guide Harmon Real Estate Bradford Estates For Rent Around The Town Apartment Guide Senior Selections New Times Respqcmmy,~ ~ ~.~ Publisher Around The House Publications MEMORANDUM TO: David Tolces, Assistant City Attorney FROM: Richard Bauer, Code Enforcement Administrator SUBJECT: MODULAR RACKS DATE: May 11, 1998 In my opinion, placement of modular racks on Linton by McDonalds can only be an improvement to the appearance of the area. Pending engineering approval and providing the modulars do not block the sidewalk for pedestrians, and the person or company responsible for the modular complies with all other ordinance requirements, I have no objections to the installation. The color of the racks is an esthetic issue. If the proposed color blends in with the surrounding building colors, it should be acceptable, in my opinion. RB:mh Figure 1 - City Solutions model at Union Square Figure lA - City Solutions model at Union Square showing advertisement for US Conference of Mayors CONFERENCE OF MAYORS DISTRIBI 822. Figure 2 - USA Today model at Drumm and Sacramento Streets Figure 3 - JCDecaux k/osk-style model at Market and 5th Streets IiJiiiiiii~ x ~_ ._ .~ .. ! Figure 4 - JCDecaux model at Market and Castro streets Figure 5 - SFNA model at Powell and Market streets I 1 I I Figure 6 - SFNA model outs/de 401 Van Ness Avenue Figure 6A - SFNA model at Jessie and 5th streets . :~ .:.'-'- .~ .'." ~ City Solutions mode/outs/de Bell Market on 24th street in VaLley -- 4~ ~ From: Eric Stringer To: David Tolces (~ Delray CIW Hall Data: 5/11/98 Time: 09:38:50 Page 1 of 2 Untitled City Solutions MODULAR NEWS RACKS For America's Citie $ May 6,1998 Around The House Publications 958 S. Military Trail #1203 West Palm Beach, FL 33415 Dear Mr. Eric Stringer, Thank you for your continued patronage of the City Solutions INFORMATI ON CENTERS in West Palm Beach. As a friendly reminder, you have missed paying one in voice for the month of March; West Palm Beach - 9 locations @ $8.00 = $72.00 Regarding Delray Beach, I understand the decision to not pay your rent al bill with City Solutions, I hope you can understand ours. As of 5-15-98 you are no longer allowed to use the Delray INFORMATION CENTERS, which are owned by CSI. For 3 months you have refused to pay for a set vice, which you had originally agreed to pay. * Invoice #1093 February 1998 Delray Beach - 8 locations @ $8.00 = $64.00 (not paid) * Inv,Dice #1116 March 1998 Delray Beach - 8 locations @ $8.00 = $64.00 (not paid) * Invoice ~1157 April 1998 Delray Beach - 8 locations @ $8.00 = $64.00 (not paid) Total = $279.84 As a result, regrettably, we must require you to stop. using the INFORM ATION CENTERS Please contact us with any questions or complaints. If you complain to the city of Delray Beach, please be sure to show th em that our rental fee is $8.00, not the $20.00 which was falsely reported in the Delrav Page 1 05/11/98 I~ION 09:42 [TX/RX NO 9511] From: Eric Stringer To: David Tolces ~ Delray City Hall Date: 5/t1198 Time: 09:39:35 Page 2 of 2 Untitled Times. Thanks. Respectfully, Tom Tuent.3 WEST COAST OFFICE - P.O. BO)[ 40759, SANTA Barbara CA 93140 EAST CO AST OFFICE - 2200 4TH AVE NORTH, #3 LAKE WORTk, FL 33461 805 969-2294 805 969-2295 FAX 561 58 2-8622 561 522-7675 FAX Page 2 05/11/98 ~iON 09:42 [TX/RX NO 9511] [lTV OF DELRI:IV BEI:II:H Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City DATE: May 12, 1998 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attornd SUBJECT: City of Delray Beach v. Leonard Davis The City Attorney's Office received a check in the amount of $2,602.45 from Mr. Davis as a settlement proposal for the foreclosure lawsuit. The total amount due, including interest, is $4,089.74. On April 30, 1998, I sent a letter to Mr. Davis, who is in California, requesting payment of the additional $1,487.29. As of this date, I have not gotten a response. At this time, the Commission should consider whether or not to accept Mr. Davis' payment as a settlement of this matter. In the event the City decides to settle the case, the City would need to reimburse the CRA $469.40 in costs already expended during the litigation. I anticipate hearing from Mr. Davis prior to the May 19th meeting. I will provide an update at that time. In the meantime, however, if you have any questions, please call. DNT:srnk cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Chris Brown, Community Redevelopment Agency Lula Butler, Director of Community Improvement davis4.dnt ,I:)E~LRo~Y. B,E^~H~ ~ - "1~ CITY CLEFIK,oo N~,. ,s~.vE.uE · DE~_.*¥ BE*O~. F~_O.~D^ ~.~,~.~..~0~,~-~000 1993 June 4, 1998 Mr. Michael Sitti~ Executive Director Florida League of Cities, Inc. P.O. Box 1757 Tallahassee, FL 32302-1757 Re: Resolution No. 35-98 in Support of Leqal Assistance for the Town of Lake Park Dear Mr. Sitti~: Enclosed is a copy of Resolution No. 35-98 requestin~ support from the Palm Beach County Legislative Delegation, the Florida League of Cities and the Palm Beach County Municipal League to aid the Town of Lake Park in the initial case to defend its rights to enact and enforce local codes re~ulatin~ the location of pay telephones. Resolution No. 35-98 was passed and adopted by unanimous vote of the Delray Beach City Commission on May 19, 1998. Your serious consideration of this matter is appreciated. Should you have any questions, please do not hesitate to contact me at 561/243-7050. Sincerely, ~ ~Harty City Clerk AMH/m Attachment cc: Palm Beach County Legislative Delegation Palm Beach County Municipal League William H. Wa~ner, Mayor, Town of Lake Park David T. Harden, City Manager THE EFFORT ALWAYS MATTERS Pnnteo ocn Ftecycled ~aper MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY M,~IAGER~ SUBJECT: AGENDA ITEM # ~H - REGULAR MEETING OF MAY 19, 1998 CONSIDERATION OF RESOLUTION NO. 35-98 DATE: MAY 14, 1998 Attached is a request from the Town of Lake Park asking for support from Palm Beach County municipalities in obtaining legal assistance from the Florida League of Cities. The Town has been sued by BellSouth and an injunctive order issued to prevent the Town from enforcing a code enacted in 1992 prohibiting the placement of pay telephones on the outside of commercial premises. The Town enacted this code in the interest of public safety after BellSouth removed public pay phones from parks and other areas because they were unprofitable, underutilized and subject to vandalism. The Town's position is one of "Home Rule" powers. Mayor Wagner states in his letter that the Town's attorneys and attorneys with the Florida League of Cities are of the opinion that the Town is right in this issue. However, the Florida League of Cities has traditionally not entered this type of case until after the initial case has been decided and is in the appeal process. Therefore, the League does not plan to provide the Town of Lake Park with legal assistance in this case. The Town is requesting support by resolution or letter from each Palm Beach County municipality to the Florida League and the Palm Beach County Municipal League to aid them in the initial case to defend its rights to enact and enforce local codes regulating the location of pay telephones. The City Attorney's office is researching the issue and will be prepared to provide additional information and answer questions at the meeting. Recommend consideration of Resolution No. 35-98. ref:agmemol9 RESOLUTION NO. 35-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING SUPPORT FROM THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, THE FLORIDA LEAGUE OF CITIES AND THE PALM BEACH COUNTY MUNICIPAL LEAGUE TO AID THE TOWN OF LAKE PARK IN THE INITIAL CASE TO DEFEND ITS RIGHTS TO ENACT AND ENFORCE LOCAL CODES REGULATING THE LOCATION OF PAY TELEPHONES; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1992, the Commission of the Town of Lake Park passed an ordinance prohibiting the placement of pay telephones on the outside of commercial premises after a young mother was shot to death while using an outside pay phone on February 26, 1992; and WHEREAS, the Commission of the Town of Lake Park has been sued by Bell South and an injunctive order issued to prevent the Town from enforcing that code; and WHEREAS, the Commission of the Town of Lake Park feels strongly that they must protect the health, safety and welfare of all residents and therefore, at its own expense, has subsidized pay telephones located in public areas 24 hours per day after BellSouth removed public pay telephones from parks and other areas because they were unprofitable, underutilized and subject to vandalism; and WHEREAS, the impending lawsuit would be a threat to local governments which may enact and enforce any code not specifically reserved to the State or Federal authorities in the interest of the welfare and public safety of their citizens; and WHEREAS, the Commission of the Town of Lake Park opposes the attempt by a private sector "big business" to impose its standards on the citizens of a small town, and has requested support by resolution or letter from each Palm Beach County municipality to the Florida League of Cities and the Palm Beach County Municipal League for legal assistance in the initial case to defend its rights to enact and enforce local codes regulating the location of pay telephones. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach supports the Town of Lake Park in its request for legal assistance, and encourages the Florida League of Cities and the Palm Beach County Municipal League to aid the Town of Lake Park in the initial case to defend its rights to enact and enforce local codes regulating the location of pay telephones. Section 2. That the City Clerk is hereby directed to furnish copies of this resolution to the Palm Beach County Legislative Delegation, the Florida League of Cities, the Palm Beach County Municipal League, the Town of Lake Park, and other interested parties. Section 3. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 19th day of May, 1998. Cify Cl~k - 2 - Res. No. 35-98 LAKE PARK TOWN HAd~. NATIONAL HISTOR~ SITE April 24, 1998 Mayor Jay Alperin City of Delray Beach 100 N.W. 1st Avenue Delray, FI 33444-2698 RE: Lake Park Code Restricting Location of Pay Telephones Dear Mayor Alperin: As you may or may not be aware, the Town of Lake Park has had a code in its books since 1992 prohibiting the placement of pay telephones on the outside of buildings in Commercial and Multi-family zoning. This code was passed subsequent to the action by Southern Bell removing public pay telephones from parks and other areas because, "'l'hey don't pay (underutilized), and are more frequently subject to vandalism." Since that time the Town, at its own expense, has subsidized (by paying a monthly fee) pay telephones located in our Kelsey Park, the Town Marina, Town Hall and the lobby of our Police Department. Each of these phones is available (with the exception of Town Hall) 24 hours per day. Each is located in a bdghtly lighted area of natural surveillance. Our code allows for no limitations on the placement of pay telephones, other than they be located inside the place of business or apartment building in an area of natural surveillance. Bell South has had no objection to this ordinance until now. We have been sued, and an injunctive order issued to prevent the Town from enforcing this code. Bell South has stated that a local municipality has no jurisdiction to restrict pay telephones, as this is reserved to the Flodda Public Service Commission. The Town's position is one of "Home Rule" powers. We may enact any code not specifically reserved to the State or Federal authorities in the interests of the welfare and public safety of our citizens. Our Attomeys and the the attorneys of the Florida League of Cities opinion is that the Town is right in this issue. My reason for writing you is that the League has traditionally not entered this type of case until after the initial case has been decided and is in the appeal process. Therefore, they are not planning on providing us with legal assistance in our case. Mike Sittig has suggested that I enlist support by resolution or letter from each municipality to the Florida League and the Palm Beach County Municipal League to aid us in the initial case to defend our rights to enact and enforce local codes. Please address this matter as an agenda item at your next meeting. Thank you. Sincerely, William H. Wagner Mayor, Town of Lake Park WHW/sghcc: Municipal Clerks LAKE PARK TOWN HALL NATIONAL HISTORIC srl'E "Jewel" of the Palm Beaches May7,1998 Dear City/Town Clerk This is a follow-up to the letter I recently sent asking your municipality for support in enforcing a local code, passed in 1992, regarding restricting local pay telephones on the outside of a commercial premises. Enclosed is Resolution No. 27, 1998 , passed by the Lake Park Town Commission, requesting support by resolution or letter from your municipality to the Legislative Delegation, Flodda League of Cities and the Palm Beach County Municipal League to aid the Town of Lake Park in the initial case to defend its dghts to enact and enforce local codes. Please consider putting this on your next agenda. Thank you for your help with this matter! Sincerely,.,/ _..~ / William H. Wagner Mayor Town of Lake Park RECEIVED whw/sgh enclosure (1) CITY CLEI~K RESOLUTION NO. ,'17, 1998 A RESOLUTION OF THE COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, REQUESTING SUPPORT FROM PALM BEACH COUNTY MUNICIPALITIES WHICH SUPPORT THE TOWN DEFENDING ITS RIGHTS TO ENACT AND ENFORCE LOCAL CODES; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Commission of the Town of Lake Park has been sued by Bell South, and an injunctive order issued to prevent the Town from enforcing a code passed in 1992 prohibiting the placement of pay telephones on the outside of commercial premises after a young mother was shot to death using an outside pay phone on February 26th of 1992; and WHEREAS, the Commission feels strongly that they must protect the health safety and welfare of all residents and therefore, at its own expense, has subsidized pay telephones located in public areas 24 hours per day after Bell South removed public pay telephones from parks and other areas because they were unprofitable, underutilized and subject to vandalism; and WHEREAS, the impending law suit would be a threat to local governments which may enact and enforce any code not specifically reserved to the State or Federal authorities in the interest of the welfare and public safety of their citizens; and WHEREAS, the Commission of the Town of Lake Park opposes the attempt by a private sector "big business" to impose its standards on the citizens ora small town. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE~ TOWN OF LAKE PARK, FLORIDA, AS FOLLOWS: SECTION I The Commission of the Town of Lake Park requests support by resolution or letter from each municipality to the Legislative Delegation, Florida League and the Palm Beach County Municipal League to aid the Town in the initial case to defend its rights to enact and enforce local codes. SECTION H The Town Clerk is hereby authorized and directed to distribute copies of this Resolution to the Palm Beach County Municipal League, Inc., Palm Beach County Municipalities, and the Florida League of Cities. SECTION HI This Resolution shall take effect immediately upon passage. READ AND ADOPTED THIS 6th DAY OF MAY, 19/.98.. //~ /~///~ / HflY-19-1998 16:55 PBC TRAFFIC EIIG 561 4?8 S??O P.O2 02 May 19, 1998 D~partmcnc of E~gineering Mr. Dave Harden and Public Worl~ ~.o. ~ox ~ .%~9 City Manager ~,~ ~,.a~h. l=~. ~.~.~]~.~22~ City of Delray Beach 100 N.W. 1st St. [561 ~ Delray Beach, FL 33444 htcp ://www.uo.palrn-b¢3ch,~.t~$ RE: EXTRA CAPACITY ON LAKE IDA ROAD · Dear Mr. Harden: ~.~., ...~, co..~ George Webb asked me to write to you regarding the additional capacity ~oa,d o~ co,,~y of a 2*lane roadway versus a 3-lane roadway. Commissioners Traffic Performance Standards defines Level of Service D for a 2-lane Bun Aaronson, Chairma~ roadway as 14,300. It defines Level of Service D for a 3-lane roadway r~laude Ford Loc. Vicc Chair as 15,000. This is a 5% increase. Much of Lake Ida Road functions as ~,,T. ~,~,-,,~ a 3-lane roadway now, where there are turn lanes provided art major developments and no other driveways without turn lanes. Carol A. P, obcrt~ ~,.,,.,~ ,. ~,~n Given the existing volume on Lake Ida Road, 20,184, a 3-lane cross section would not be sufficient for the existing volume. M3ry McCar .fy ~ L r~,~ If yOU have any questions, please call mo at 684-4030. Sincerely, County Adrng-ti,~'ato, OFFICE OF THE COUNTY ENGINEER Dan Weisberg, P.E. Assistant Director- Traffic Division cc. Mary McCarty, Commissioner - District. 4 George T. Webb, P.E., County Engineer File: Roads - Lake Ida Road ~TCz n ~-,~,,,,~ .... ~ ..... TOTI:IL F'.-~o.~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY I~2XlAGER SUBJECT: AGENDA ITEM #i0.~,- REGULAR MEETING OF MAY 19, 1998 PUBLIC HEARING ON THE WIDENING OF LAKE IDA ROAD BETWEEN CONGRESS AVENUE AND MILITARY TRAIL DATE: MAY 12, 1998 At the April 21st City Commission meeting, several members of the public spoke concerning the widening of Lake Ida Road between Congress Avenue and Military Trail, both for and against. On May 5th, I reported to you that I had met with representatives of some of the communities along Lake Ida Road to discuss this matter. Some have changed their opinion and now feel the road needs to be widened while others remain opposed to any road widening. To better determine how the community feels about this issue, a public hearing has been scheduled to give the people who live along the road the opportunity to express their views. The last hearing on this matter was held on April 15, 1997. After hearing public testimony, a motion was made to request that the County continue honoring the City's former request not to widen Lake Ida Road between Congress Avenue and Military Trail. Commissioner Schmidt, Commissioner Randolph and Mayor Alperin voted in favor of the motion, while Commissioners Egan and Ellingsworth voted against the motion. A copy of the minutes from that meeting is attached. The City's previous request not to widen the road was sent to the County in July, 1991 (minutes and letter from then Mayor Lynch are attached). The Commission's position at that time was to defer the Lake Ida Road improvements until the 6-1aning of Atlantic Avenue was finished to see if that relieved traffic volumes. Included in the backup are average daily trip volumes for Lake Ida Road and Atlantic Avenue before, during and after the 6-1aning of Atlantic. Also attached is correspondence received from a resident concerned about the need for improvements along this segment of Lake Ida Road. The recommendation is to conduct an informational public hearing for the purpose of deciding whether or not the City Commission wants to ask Palm Beach County to put the Lake Ida Road widening back into their five year road program. An invitation has been extended to County Commissioner McCarty and Palm Beach County staff to attend the hearing if they wish to do so. ref:agmemoll At this point, the time being 7:05 p.m., the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A, Discussion on the wideninq of Lake Ida Road from Conqress Avenue to Milit&ryTr&il. The City Manager read a few paragraphs from the Plan- ning and Zoning Department memorandum to help provide general information to introduce the subject. Gerald Defoe, 142 Mockingbird Lane and liaison for Country Manors, thanked the City Commission for placing this item on the agenda for a public hearing. He encouraged the Commission to approve the widening of Lake Ida Road from Congress Avenue to Military Trail. Bernie Burkoff, resident of Rainberry Lakes, stated that he will not support this unless a left turn signal is installed. Gerri Hudson, Chairperson of the Delray Shores Neigh- borhood Association, distributed a letter to the City Commission (a copy of which is attached hereto and incorporated herein as an official part of the minutes). Mrs. Loqan, resident of Delray Shores (lives on the corner of Lake Ida and Lawrence Road), is strongly opposed to seeing the road being taken away. If the Commission decides to take it away, she would like to see a wall erected at the foot of the bridge on Lake Ida Road to buffer some of the noise from the front of her bedroom window. She stated if Lake Ida Road is widened, the cars will be directly at her master bedroom. She urged the Commission not to widen Lake Ida Road. Sanford Fisher, former Board member of Rainberry Bay, is strongly opposed to the Lake Ida widening from Congress Avenue to Military Trail. He stated that everything needs to be studied more thoroughly and urged the Commission to reconsider this proposal. Cliff Durden, Vice President of the Homeowners Associa- tion for Chatelaine, thanked the Commission for the opportunity to speak on this issue and feels this is not the right time to widen Lake Ida Road. He stated the traffic problem will only increase and reiterated that at this time he is strongly opposed to the widening. Jay Slavin, resident of Rainberry Bay, stated that at a Rainberry Bay Homeowner's Association meeting, there was an overwhelming consensus of the owners not to widen Lake Ida Road. Alice Finst, 707 Place Tavant, representing the Board of Directors of the Homeowner's League of Chatelaine, is strongly opposed to the widening of Lake Ida Road. Eileen Cooper, stated that it is extremely difficult to make left hand turns along Lake Ida Road. She stated that even though many people are opposed to this widening, she feels that improvements to the road is a natural and inevitable process. Mayor Alperin closed the public hearing. Discussion by the Commission ensued. Mayor Alperin clarified that the County is proposing this widening of Lake Ida Road, not the City. Mr. Egan stated that a problem does exist in this area now and feels the City should explore the opportunity of the three lane or the left turn lane option with the County. He feels the City should see what type of widening the County is actually proposing. Mr. Schmidt inquired about the County's plan for the widening of Lake Ida Road and asked if the widening is from Congress Avenue to Barwick Road or Congress Avenue to Military Trail? In response, Mayor Alperin stated the County is asking the City to approve the entire portion from Congress to Military. Although some people feel the widening should not occur now, Mr. Randolph stated that eventually there will be a need for the widening. Mr. Randolph stated that his basic concern is what will happen to the kids riding bicycles and the kids walking that attend the schools in this area. Mr. Randolph stated that he does not have a clear understanding as to what the residents want for Lake Ida Road and feels if the City turns down the County's offer, there may be no way of telling when the City will get sufficient money to widen the corridor. For clarification purposes, Mayor Alperin asked when the County does these kind of roads, are curbing and sidewalks usually installed? In response, the City Manager stated that this is what he would expect. Mr. Ellingsworth stated that he agrees with Mr. Egan's suggestion about exploring the opportunity of a three lane or left turn lane option with the County. At that point, Mr. Ellingsworth stated the County could come back to the Commission with a recommendation. Mayor Alperin stated that the timing is not right now for the widening and feels the City should wait until the west is developed. Once the west is developed, he feels it would be a more appropriate time to consider widening Lake Ida Road from Congress Avenue to Military Trail. -13- 04/15/97 Mr. Randolph moved to request that the County continue honoring the City's former request not to widen Lake Ida Road (from Congress Avenue to Military Trail) at this time, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - No; Mr. Ellingsworth - No; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 10.B. ORDINANCE NO. 17-97: An ordinance annexing a 3.58 acre parcel of land located on the east side of Barwick Road, approxi- mately 250 feet north of Sabal Lakes Road; providing for a Small Scale Future Land Use Map amendment from County MR-5 (Medium Density Residential - 5 Dwelling Units/Acre) to City Medium Density Residential 5-12 Dwelling Units/Acre, and establishing initial zoning of RM-8 (Medium Density Residential - 8 Dwelling Units/ Acre). Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 17-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 17-97 is on file in the official Ordinance Book) Mr. Ellingsworth moved for a continuance of Ordinance No. 17-97 to a date certain of May 20, 1997, at 7:00 p.m., seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. -14- 04/15/97 9.J. Authorization to Expend Fundin~ From Law Enforcement Trust. T--~-~--Co~mission is to consider approval of the expenditure of $5,000 from the Law Enforcement Trust Account to support the Boy Scouts of America local anti-drug campaign. City Manager recommends approval. Mr. Andrews left the Commission Chambers at this time. Dr. Alperin moved to approve authorization of the expenditure of $5,000 from the Law Enforcement Trust Account to the Gulfstream Council of Boy Scouts, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.K. Lake Ida Road Widening Pro. jec.t. The Commission is to consider the implications of delaying the widening of Lake Ida Road. Mr. Andrews returned to the Commission Chambers at this time. Mayor Lynch commented it was his suggestion that this item be placed on the agenda because he received a reply from the County Com- mission stating the County is planning to widen West Atlantic Avenue at a different time than Lake Ida Road. It is his understanding that, after West Atlantic Avenue has been widened, there will be a review to see if it is absolutely necessary to widen Lake Ida Road. He is looking for direction from the Commission as to their feelings regarding this matter. Mr. Mouw expressed concern with the fact that their request may affect the widening of Lake Ida Road east of Congress Avenue. Discus- sion followed concerning projects that may be hindered from going forward with developing plans due to the Commission's decision. Dr. Alperin suggested the Commission schedule a Workshop with the Countywide Planning Council, in order to see how their plans may affect the City. The Commission concurred to have the Mayor, in concert with the City Manager, submit a letter as soon as possible to the County Commis- sion explaining, specifically, that while the City does not want to damage the GAE or hinder development, it is felt that the 4-1aning of Lake Ida Road, from Congress west to Military, should be deferred until the Atlantic Avenue improvements are complete and it is clear whether or not the segment needs to be 4-1aned. Mayor Lynch stated that he would -14- 7/9/91 3O7 · ak with some of the County Commissioners personally and explain that City of Delray does not want to jeopardize the widening of Lake 's eastern segment (Congress to Swinton to 2nd). Resolution No. 54-91. Resolution No. 54-91, authorizing the -~hase of a 70-foot wide strip of property, located on Homewood levard adjacent to the Municipal Golf Course, for $7,500 with funding m the Decade of Excellence Bond Issue/Golf Course Project (Account 225-4762-572-60.11). City Manager recommends approval. The City Manager presented Resolution No. 54-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM THE SELLERS CERTAIN REAL PROPERTY IN THE CITy OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ON THE EAST SIDE OF HOMEWOOD BOULEVARD NORTH OF LOWSON BOULEVARD, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 54-91 is on file in the official solution Book) Mr. Mouw moved for the adoption of Resolution No. 54-91, ;onded by Dr. Alperin. Upon roll call the Commission voted as fol- ~s: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. 3erin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 le. Appointment of a Member to the Community Redevelopment Agency. ':--Commission is to consider the appointment of a member to the Commu- ~y Redevelopment Agency to fill the vacancy created by the expiration Doyle Dudley's term. This is a Seat 2 appointment. Dr. Alperin moved to appoint J. Reeve Bright, seconded by Mr. %dolph. Upon roll call the Commission voted as follows: Mayor Lynch les; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran- ~ph - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Andrews suggested meeting with the CRA on ~onthly basis for the next two or three months in.order to assist the ~ Executive Director and help get things going. · . Appointment of a Commission Member to the Downtown Parkinq ~dy Group. The Commission is to consider appointing a Commission ~ber to serve on the Downtown Parking Study Group. Dr. Alperin moved to appoint Mr. Mouw to the Downtown Parking ~dy Group with Mr. Randolph as the alternate, seconded by Mr. Andrews. on roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. ~erin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. :id motion passed with a 5 to 0 vote. -15- 7/9/91 I:IT¥ OF DELRI:I¥ BEI:I£H - 100 N,W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000 'July 12, 1991 Karen T. Marcus, Chair Board of County Commissioners P. O. Box 1989/ West Palm Beach, Florida 33402-1989 Dear Karen: Thank you for your letter of June 17th in reference to the widening of Lake Ida Road. I brought this to the City Commission, and we feel that our original intent was not addressed by your staff. If you refer to our April 16, 1991 letter, at that time we asked that the scheduled improvements to Lake Ida Road west of Congress be deferred beyond the five-year plan. , It is the consensus of our Commission that with the improvements the City has made to Atlantic Avenue east of 1-95 and with the improvements that are scheduled by the County west of 1-95, we believe that Atlantic Avenue will be able to handle the present traffic situation and will possibly be able to handle the future. We feel that the widening of Lake Ida Road west of Congress and east of Military Trail will seriously impact the abutting neighborhoods, and we also question whether the study that showed the need for this widening properly reflected the impact that Atlantic Avenue will have when it is improved and widened. We are not asking that this road be eliminated forever. We are only asking that Atlantic Avenue improvements be made first and then a re-evaluation take place to see whether it is really necessary to widen Lake Ida Road between Military Trail and Congress Avenue at this time. Also, please be assured that this Commission thoroughly supports the widening of Lake Ida Road between Congress and Swinton. We feel that since Congress has now been widened and with Spady School improvements and the planned new entrance to Spady, as well as the redevelopment we are seeking for downtown Delray Beach, this widening will be favorable to the County and the THE EFFORT ALWAYS MATTERS Karen T. Marcus, Chair July 12, 1991 Page two 'City without impacting abutting neighborhoods. It is not often that the City asks the County not to spend money, but at this time your favorable consideration of our request for this project' s deferral would be greatly .appreciated. I thank you for your time and consideration. If there are any questions, I would ask you to please call me at your conveni~ence. Sincerely, I~¥OR TEL: mid c: County Commission .- City Commission David T. Harden 2600 Riviera Drive Delray Beach, Florida May 6,1998 City Manager David Harden 100 NW First Avenue Delray Beach, Florida 33444 Dear Mr. Harden, In the Sun-Sentinel of May 4,1998 there was an article about the streets that will need repaying in the future. Does this plan include the improvement of Lake Ida Road between Congress Avenue and Military Trail? I have been concerned about the appearance of this road for a long time and the issue has been continually dropped by the Board of Commissioners. I don't understand the reasoning behind not wanting to improve this section of road and neither can the County. Even when the County offered the impact money from La Sadona on Military Trail it was refused. Why must this street remain the blighted area that it is? In the past this road had been on the County's five year plan. It has since been removed and the new projections do not include it. Personally, I have been to Town Meetings and have brought up the subject only to be told to get public sentiment behind me before the Commissioners would consider doing anything. I met with the county engineers regarding this strip of road, that they are very much in favor of correcting, and they showed me the plans for its improvement. All they need is a nod from Delray Beach. This section of Lake Ida Road is very significant in the appearance that this town puts forward. Now that the road is opened from Military Trail to Hagan Ranch Road, it affords the thousands of new residents in that area easy access to the beaches and downtown via Lake Ida Road. The widening of the road between Congress Avenue and Swinton and the addition of projects such as Delray Lakes, the Alzheimer Center, The Water's Edge Rental Community and Villa Borghese increase the possibilities of this antiquated road becoming a major corridor. I don't need public sentiment behind me to confirm that this road is the biggest eyesore in town. This road is comprised of mismatched, broken and mildewed fences, poorly maintained concrete walls that are in need of either painting or pressure cleaning, driveways with multiple cars parked on the grassy areas. Surely, the installation of fichus hedges would give the road a more uniformed look and hide some of these problems. Unkempt swales some of which no longer have grass as the cars, in an effort to get thru stalled traffic go around cars onto the grassy areas in order to make time. In season it is almost an impossibility to execute a left hand turn without causing a long and time consuming backup of idling vehicles. The late Commissioner Barbara Smith, who used to live on Lone Pine Road backed up what I said at a Town Meeting regarding left hand turns. But most importantly the appearance of this street should be an embarrassment to Delray Beach The All-America City. On this strip of road thousands of tax payers reside. Are they not entitled to the same consideration the town is giving to the beautification of Swinton Avenue and the Downtown areas? This is certainly the appropriate time for the Commissioners to rethink their position on the improvement of this strip of roadway and help improve the towns' appearance. I think the time is right and the time is now for the Commissioners to take another look at improving Lake Ida Road from Military to Congress. A great job was done to improve it from Congress to Swinton and I would like our end of the road to look as good. Please be aware that I am not representing any community but am acting on my own as a concerned citizen. Yours truly, Ilyne Cooper cc: City Commission MEMO CITY MANAGER'S OFFICE , / To: ~ Dam: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~! SUBJECT: AGENDA ITEM # - REGULAR MEETING OF MAY 19, 1998 PUBLIC HEARING ON THE WIDENING OF LAKE IDA ROAD BETWEEN CONGRESS AVENUE AND MILITARY TRAIL DATE: MAY 12, 1998 At the April 21st City Commission meeting, several members of the public spoke concerning the widening of Lake Ida Road between Congress Avenue and Military Trail, both for and against. On May 5th, I reported to you that I had met with representatives of some of the communities along Lake Ida Road to discuss this matter. Some have changed their opinion and now feel the road needs to be widened while others remain opposed to any road widening. To better determine how the community feels about this issue, a public hearing has been scheduled to give the people who live along the road the opportunity to express their views on the subject. The hearing has been publicized in the newspapers and individual notices were provided to homeowners associations in the abutting residential areas. The last public hearing on this matter was held on April 15, 1997. After hearing public testimony, a motion was made to request that the County continue honoring the City's former request not to widen Lake Ida Road between Congress Avenue and Military Trail. Commissioner Schmidt, Commissioner Randolph and Mayor Alperin voted in favor of the motion, while Commissioners Egan and Ellingsworth voted against the motion. A copy of the minutes from that meeting is attached. Also attached is correspondence received from a resident concerned about the need for improvements along this segment of Lake Ida Road. The recommendation is to conduct an informational public hearing for the purpose of deciding whether or not the City Commission wants to ask Palm Beach County to put the Lake Ida Road widening back into their five year road program. ref:agmemoll ~0~ NOTICE OF PUBLIC HEARING NOTICE OF A PUBLIC HEARING REGARDING THE WIDENING OF LAKE IDA ROAD PLEASE BE ADVISED THAT the City Commission of the City of Delray Beach will hold a Public Hearing on Tuesday, May 19, 1998 st 7 p.m. in the Commission Chambers at City Hall, 100 NW 1st Avenue, Delray Beach, Florida for the purpose of accepting public input on the widening of Lake Ida Road between Congress Avenue and Military Trail. Citizens may obtain a copy of the agenda by visiting the City Clerk's Office at the City of Delray Beach, located at 100 NW 1st Avenue, Delray Beach, Florida 33444, or calling (561) 243-7050. City of Delray Beach Alison MacGregor Harty, City Clerk 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. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THF '"ITY COMMISSION WITH RESPECT TO ANY ER CONSIDERED AT THIS HEARING, SUCH P .;ON WILL NEED A RECORD OF THESE PRUCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD 'INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD AS PURSUANT TO F.S. 286.0105. Publish: Boca Raton News May 8, 1998 AD #771O49 NO. 463786 NOTICE OF PUBLIC HEARING NOTICE OF A PUBUC HEARING REGARDING THE WIDENING OF LAKE IDA ROAD. PLEASE BE ADVISED THAT the City Commission of the City _of Delray Beach will hold a Public. Hearing on Tuesd.ay, May 19, 1998 at 7 p.m. in the Com- mission Chambers at City Hall, 100 NW 1" Avenue, De. lr..ay Beach, Flor. ida f~r. the purgose, of accepting public input on the widenin~ ol~ Lake Ida Raocl between Congress Avenue and' Military Trail. Citizens may obtain a copy of the a.aenda by visit- ing the City Clerk's Off~ce at the i~ity of Delray B.each., IOCaJ~l at 10.0. N.W. 1~' Ave, Delray Beacl~, Florida 33444, or calling (561) 243-7050. .City of Delray Beach Alison MacGregor Harty, City Clerk The City will furnish auxiliary aids and services to afford an individual with disa]:>ility an opportunity_ to participate in and enjoy, the benefits of a service, program o.r .act. ivity conducted by the City. Contact Dou~l Rand. olph at 243-7127 (voice) or 243-7199 (TDD), 24 hours p. rior to the event in order for the City to accomm~ate your request. Adaptive listen~ in~ devices are available for meetings in the Com- mission Chambers. 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 HEARING, .SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE SUCH A PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD AS PURSUANT TO F.S. 286.0105. PUBUSH: Palm Beach Post (May 9, 1998) The Palm Beach Post · Need Ad by 3:00 p.m. today (May 7, 1998) · Cost-$591.20 · Will be published on Saturday, May 9th · 561/820-3106 (telephone) · 561/820-4340 (fax) The Sun-Sentinel · Need Ad by 4:00 p.m. today (May 7, 1998) · Cost - $758.00 (plus $2.00 affidavit charge) · Will be published on Sunday, May 10~ · 561/425-1015Ann · 561/954-425-1001 (fax) Boca News · Need Ad May 6t~ by 5:00 p.m. or 8:00 a.m., May 7th · Cost - $292.00 · Will be published on Friday, May 8t~ · Nancy Smith 561/338-4809 · FAX #561/338-4849 TOTAL COST OF THREE (3) ADS: $1,641.20 NOTICE OF PUBLIC HEARING NOTICE OF A PUBLIC HEARING REGARDING THE WIDENING OF LAKE IDA ROAD. PLEASE BE ADVISED THAT the City Commission of the City of Delray Beach will hold a Public Hearing on Tuesday, May 19, 1998 at 7 p.m. in the Commission Chambers at City Hall, 100 NW 1 st Avenue, Delray Beach, Florida for the purpose of accepting public input on the widening of Lake Ida Road between Congress Avenue and Military Trail. Citizens may obtain a copy of the agenda by visiting the City Clerk's Office at the City of Delray Beach, located at 100 N.W. 1st Ave, Delray Beach, Florida 33444, or calling (561) 243-7050. City of Delray Beach Alison MacGregor Harty, City Clerk 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 thc 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. 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 HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES ~ TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD AS PURSUANT TO F.S. 286.0105. PUBLISH: Boca News (May 8, 1998) Palm Beach Post (May 9, 1998) SunSentinel (May 10, 1998) Instructions to the Newspaper: This ad is not to be placed in the legal ads/classified section of the newspaper. It must be at least two standard columns wide and ten inches long. The entire headline [ NOTICE TO THE PUBLIC] must be an 18 point bold headline. Thank you. THE PALM BEACH POST · ' NO. 463786 · Published Daily and Sunday West Palm Beach, Palm Beach County, Florida NOTICE OF PUBLIC HEARING PROOF OF PUBLICATION NOTICE OF A PUBUC HEARING REGARDING ST^~ OF FLO~aD^ THE WIDENING OF LAKE IDA ROAD. COUNTY OF PALM BEACH Before the undersigned authority personally appeared ~ who on oath says that she PLEASE BE ADVISED THAT the City Commission of is Classified Advertising Supervisor of The Palm Beach Post, a daily and Sunday newspaper the City of Delray Beach will hold a Public Hearing published at West Palm Beach in Palm Beach County, Florida; that the attached copy of onTue _sdgy., .Ma;/19, 1998 at 7 a.m. in theCum- advertising, being a Notice in the maaer of Public Hearing -- Court, was published in said mission Chambers at City Hall, 100NW 1" Avenue, newspaper in the issues of May 9. 1998. Delr.ay Beach, Florida f~r the pumose of acceotina Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said I::)ublic inout on the widenino o~ Lake Ida I~a~ Palm Beach County, Florida, and that the said newspaper has heretofore been continuously between Congress Avenue ancl'/vlilitary Trail. published in said PaLm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for Citizens may obtain a cgpy of the aaenda by visil a period of one year next preceding the first publication of the attached copy of advertisement; ing the City Clerk's Off~ce at the City of Delrcr and affiant further says that she/he has neither paid nor promised any person, fu'm or .~Tacb~ iOCCl~d at 10~.. N.W. 14 Ave, Dblray Beacl~ advertisementC°rp°rati°n anYfor discountpublicationrebate,in the commissiOnsaid newspaper.ar refund,far the p*-pose of sec.ring this Florida 33444, or calling (561 } 243-7050. ~_,~"~ C, ~ ~ .City of Delray Beach Alison M_acG_r. eaor Harly, Sworn to and subscribed before me this 11 day of~ A.D. 1998 (.~/Clerk The City will furnish auxiliary aids and services to Personally known XX or Produced Identification afford an individual with disability an opportuni~ to Type ofldentificationProduced participate in and eno× the benefits ufa service, program o.r .a .ctivity conducted by the City. Contact Dou.cl Randolph at 243-7127 {voice) or243-7199 {TDD-), 24 hours p. rior to the event in order ~or the e-~-'''~''''~'''''''''~4 City to accommodate your request. Adaptive listen- ~:~, ~o~,~,S,.,omo.d~ ;~ inlg devices are available ~or meetings in the Com- ~C ~';0~e' MyCoau~is$ion£xp. H/15/2000;~ missionChambers. : ~¥'~¥'~~ PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WrlH RESPECT 1'0 ANY MA1TER CONSIDERED Al' THIS HEARING, SUCH PERSON WlU. NEED A RECORD OF THESE PROCEEDINOS, AND FOR THIS PURPOSE SUCH A PERSON MAY NEED 1'0 ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS 1'0 BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD AS PURSUANT TO F.S. 286.0105. , PUBUSH: Palm Beach Post (May 9, 1998) II 'NOTICE OF PUBLIC HEARING NOTICE OF A PUBLIC HEARING REGARDING THE WIDENING OF LAKE IDA ROAD. PLEASE' BE ADVISED THAT the City Commission of. the City of .Defray Beach will hold a Public Hearing on Tuesday, May 19, 1998 at 7 p.m. in the Commission Chambers at City Hall, 100 NW 1st Avenue, Delray Beach, Florida for the purpose of accepting public input on the widening of Lake Ida Road between Congress Avenue and Military Trail. Citizens may obtain a copy of the agenda by visiting the City Clerk's Office at the City of Defray Beach, located at 100 NW 1st Ave., Delray Beach, Florida 33444, or calling (561) 243-7050. City of Defray Beach Alison MacGregor Harty, City Clerk 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. 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 HEARING, SUCH PERSON WILL NEED A RE- CORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD IN- CLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD AS PURSUANT TO F.S. 286.0105. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS A FROM: CITY MANAGER ~3'~/ SUBJECT: AGENDA ITEM # !O. ,~ . - MEETING OF MAY 19, 1998 OCEAN CITY LUMBER - WAIVER TO SECTIONS 4.6.7(C) (1) & 4.6.7(E)(7) DATE: MAY 13, 1998 ITEM BEFORE THE COMMISSION: Public Hearing and City Commission consideration of approval to the request from Ocean City Lumber company, 220 NE 2nd Avenue, for a waiver to the provisions of Sections 4.6.7(C)(1) and (E)(7) of the Land Development Regulations governing signs. BACKGROUND: Ocean City Lumber is seeking Commission waiver to the above-referenced section of the LDR's to erect a free-standing, directory sign, proposed at 121 sq.ft., (10.5'x11.5'), exceeding the maximum size and location allowed under the current code. Section 4.6.7(C) (1) of the LDR's prohibits signage from being placed on property other than where the business or service is actually located. The business owner is requesting permission to erect this sign on E. Atlantic Avenue, 4~ from the east wall of Powers Lounge and facing the railroad tracks. The sign directs customers from E. Atlantic Avenue to the Ocean City Lumber Retail Complex. Section 4.6.7(E)(7) limits the size of directory signs to 24 sq. ft., the new sign is proposed at 121 sq.ft. The sign request was formally reviewed by the Site Plan Review and Appearance Board (SPRAB) on April 29th. The Board, after a lengthy discussion, voted to support the waivers to the applicable sections of the code with the condition that the sign be reduced to 80 sq.ft. and be issued as a temporary sign, allowed to be up for a maximum of 18 months, any extension of time will require a new application. The owner of the retail complex, Janet Onnen is putting forth a hardship argument stating the complex is unique to the area and its survival is directly related to the consumer's awareness that there is more to downtown than Atlantic Avenue. She believes it is essential that tenants have exposure to the foot and vehicular traffic of Atlantic Avenue. The complex was originally thought to draw larger tenants using 5,000 to 12,000 square feet of space. However, the market demand for smaller spaces of 600 to 1,200 square feet has brought in the unique small shops primarily dependent on walk-in traffic. She believes as the Pineapple Grove Main Street Plan is implemented and directional signage for the entire downtown corridor is developed, the need for off-premise signs will diminish. The letter stating her hardship position is attached for your reference. RECOMMENDATION: Staff is recommending City Commission consideration of a waiver to Sections 4.6.7(C)(1) and (E)(7) of the land Development Regulations for a freestanding, directory sign from the owner of Ocean City Lumber Company. The approval should be conditioned pursuant to the recommendation to you from SPRAB. LB:DQ Attachment Onen. LB April 23, 1998 Lula Butler Director of Community Improvements City of Delray Beach 100 N.W. l'tAve~ue Delray Beach, FL 33444 Dear Lula: As per our meeting and discussions, and after numerous conversations with our tenants, we are submitting a directory sign to be considered for approval as an exception to the current sign code. Please reference the enclosed drawing for the use of a directional sign located adjacent to the Ocean City Lumber Company property but not directly installed on it. Ocean City Lumber Company is a precedent setting retail complex currently unique to this area. Ocean City Lumber Company's survival and the continued commercial expansion of Downtown are directly related to consumer's awareness that there is more to downtown than Atlantic Avenue. During this expansion, it is essential that the Ocean City Lumber Company tenants have exposure to the foot and vehicular traffic of Atlantic Avenue. That fact was recently demonstrated when some of the tenants removed their sign boards. Sales plummeted immediately to nearly nothing. Existing customers lost their way and walk-ins ceased. Out of desperation, the signage was again placed on Atlantic resulting in the immediate return of customers and sales. Currently, all tenants are suffering from the lack of signage. Some relief will come with increased signage on the property which is in process. However, until the consumer and visitor is educated and comfortable leaving Atlantic Avenue, site signage will offer little assistance. As the sign boards demonstrated, signage placed or not placed on Atlantic has a profound impact. ! would also like to stress that none of the Ocean City Lumber Company tenants have relied solely on signage for their marketing efforts. I have been very impressed with their marketing savvy and willingness to go the extra mile it takes to run a successful business. They are good business people. We have' all underestimated the difficulty in drawing from Atlantic and the profound effect it has on one's business. Without signage on Atlantic, the tenants are confident their businesses will not survive. Today, it seems no other solution, governmental or otherwise, can have as immediate and decisive effect on the Ocean City Lumber Company tenants as signage on Atlantic. Please allow the tenants to continue placing their sign boards on Atlantic until an alternative is developed. Perhaps, five years from now, with the removal of the one-ways, further development of Pineapple Grove and consumer familiarity and confidence, this type of signage will not be necessary. 220 IN.E. 1st Street * Delray Be, ach, Florida 33~. ~. ~.-3710 - 561-278-8362 - Fax: 561-278-8397 04/23/98 Page 2 Please accept this application for non-conforming directional signage. I fully understand this is an issue that may raise others for you and your staff. We are proposing this solution and certainly willing to explore others while a comprehensive sign plan for the city is developed. Originally, Ocean City Lumber Company was thought to draw larger (destination) tenants utilizing 5,000 to 12,000 square feet each. However, market demand for smaller spaces of 600 to 1,200 square feet is overwhelming. This is in keeping with Delray's atmosphere of unique small shops. I strongly feel this is the market niche that has and will continue to set Delray apart from neighboring Communities. It is the course we have chosen and should continue to foster by examining the city regulations to encourage such development. As always, thank You for your time and efforts. They are appreciated. Sincerely, Janet Onnen President ,' Ocean City Properties, Inc., General Partner .Ocean City Properties, Ltd. JIO/dp applicant has requested that the sign be continued to the meeting of May 13, 1998. It was moved by Mr. Branning, seconded by Ms. Shutt and passed 7-0 to table a free standing sign for Orange Royal Farmer's Market. B. Ocean City. Lumber: 25 N.E. 2n--d Avenue: Free Standing Sign: George Brewer. Authorized Agent. The item before the Board approval of a free standing sign for Ocean City Lumber Company. Mr. Costello presented the item to the Board through a review of the staff report. The proposal is to erect a 121 sq. ft (10.5' x 11.5) directory sign to be located 4' from the east wall of Powers Lounge and facing the railroad track on Atlantic Avenue. The proposal involves waiver requests to locate the sign off the premises and exceeds the maximum sign size allowed. Staff recommended approval subject to the condition that the sign be reduced to 80 sq. ft. Mr. George Brewer presented a rendering and explained the directional sign proposal. It is essential that the unique small shops are exposed to the foot and vehicular traffic of Atlantic Avenue because without this exposure their businesses will not survive. He also presented the letter sent to Ms. Lula Butler, Director of Community Improvements from Ms. Janet Onnen, President, which explained the request. The Board discussed the following: · Mr. Sittler asked if the sign could be located where it would be visible for east and west traffic? Mr. Costello stated that the City is developing a signage program for Atlantic Avenue and this would be a temporary sign. · The Board had a lengthy discussion regarding the sign size and the consensus was that it needed to be reduced to 80 sq. ft. Also the Board did not want to set a precedent without an approved sign program. Ms. Janet Onnen agreed to reduce the sign to 80 sq. ft. · The Board also discussed a time limit for 18 months. It was moved by Mr. Branning, seconded by Mr. Sittler to authorize the submission of a waiver to Sections 4.6.7(C)(1) and 4.6.7(E)(7) of the LDR's to the City Commission with the following modification for Ocean City Lumber Company: 1. That the sign size be reduced to a maximum of 80 sq. ft.; 2. The sign be in effect for 18 months (January 1st ). - 2 - 4/29/98 After further discussion, Mr. Branning to amend is motion, seconded by Mr. Sittler and passed 7-0 to authorize the submission of a waiver to Sections 4.6.7(C)(1) and 4.6.7(E)(7) of the LDR's to the City Commission with the following modifications for Ocean City Lumber Company: 1. That the sign size be reduced to a maximum of 80 sq. ft. 2. The sign be in effect for 18 months (January 1st ) and after 18 months, if the sign is to remain, a new application must be submitted. IV. MISCELLANEOUS: A. Mario's Market: 1130 West Atlantic Avenue: Color Change to an Existing Commercial Building: Roy Simon Authorized Agent. The item before the Board is approval of a color change for Mario's Market. Mr. Costello stated that the proposal is to paint the building a Condo Coral with Shy Peach for the trim, and Victoria Falls on the wall under the overhang on the front of the building. The West Atlantic Redevelopment Coalition Board had reviewed the color change and recommended approval. It was moved by Ms. Shutt, seconded by Mr. Sittler and passed 7-0 to approve the color change for Mario's Market. B. Delray Beach City Hall: 100 N.W. 1~ Avenue: Elevation Change to Add Awnings to an Exit, ting Office Building: Howard Wight. Authorized Agent. The item before the Board is approval elevation change for Delray Beach City Hall. Mr. Costello presented the item to the Board through a review of the staff report. He also presented a photograph and stated the development proposal is the addition of three (3) 8' x 5' terra-cotta projection awnings, which will accent the terra-cotta color roof and match the existing awning located along the north elevation. The new awnings are proposed over two existing entrances along N.W. 1st Avenue (east side) and an entrance door located along the south side. Staff recommended approval. The majority of the Board was not in favor of the terra-cotta color and felt another color would be appropriate. It was moved by Mr. Sittler, seconded by Mr. Smith to approve the addition of three (3) 8' x 5' terra-cotta projection awnings to Delray Beach City hall based upon positive findings with respect to Section 4.6.18. Upon roll call the - 3 - 4129198 MEMORANDUM DATE: May 15, 1998 TO: David Harden, City Manager FROM: Lula Butler- Director, Community Improvement ~ RE: Ocean City_ Lumber - Public Hearing on Sign Code Waiver ITEM BEFORE THE COMMISSION: Public Hearing and City Commission consideration of approval to the request from Ocean City Lumber Company, 220 NE 2nd Avenue, for a waiver to the provisions of Sections 4.6.7(C)(1) and (E)(7) of the Land Development Regulations governing signs. BACKGROUND: Ocean City Lumber is seeking Commission waiver to the above-referenced section of the LDR's to erect a free-standing, directory sign, proposed at 121 sq.ft., (10.5'x11.5'), exceeding the maximum size and location allowed under the current code. Section 4.6.7(C)(1) of the LDR's prohibits signage from being placed on property other than where the business or service is actually located. The business owner is requesting permission to erect this sign on E. Atlantic Avenue, 4" from the east wall of Powers Lounge and facing the railroad tracks. The sign directs customers from E. Atlantic Avenue to the Ocean City Lumber Retail Complex. Section 4.6.7(E)(7) limits the size of directory signs to 24 sq. ft., the new sign is proposed at 121 sq. ft. The sign request was formally reviewed by the Site Plan Review and Appearance Board (SPRAB) on April 29th. The board, after a lengthy discussion, voted to support the waivers to the applicable sections of the code with the condition that the sign be reduced to 80 sq. ft, be issued as a temporary sign until January 1, 2000, and any extension of time will require a new application. The owner of the retail complex, Janet Onnen is putting forth a hardship argument stating the complex is unique to the area and its survival is directly related to the consumer's awareness that there is more to downtown than Atlantic Avenue. She believes it is essential that tenants have exposure to the foot and vehicular traffic of Atlantic Avenue. The complex was originally thought to draw larger tenants using 5,000 to 12,000 square feet of space. However, the market demand for smaller spaces of 600 to 1,200 square feet has brought in the unique small shops primarily dependent on walk-in traffic. She believes as the Pineapple Grove Main Street Plan is implemented and directional signage for the entire downtown corridor is developed, the need for off-premise signs will diminish. The letter stating her hardship position is attached for your reference. RECOMMENDATION: Staff is recommending City Commission consideration of a waiver to Sections 4.6.7(C)(1) and (E)(7) of the Land Development Regulations for a freestanding, directory sign from the owner of Ocean City Lumber Company. The approval should be conditioned pursuant to the recommendation to you from SPRAB. LB:DQ Attachment Onen. LB 2 Date: May 12, 1998 Agenda Item No. ~/~9 · AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: May 19, 1998 Description of Agenda Item: Sign Waiver Request from Ocean City Lumber - 220 NE 2nd Avenue Ordinance/Resolution Required: Yes/~No) Draft Attached: Yes / No Recommendation: Commission Action 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: HoldAppr°veduntil:f°r agenda: ~s)/· No ~t)~,! Agenda Coordinator Review: Received: Action: Approved / Disapproved s/98 Boca Raton News, Friday May 8, 1998 ~rc I~ to ~*cfio~ 2,4.?(B) ~/aivers ,e~ Cify Ordinances,' ~TICE IS HEREBY GIVEN ~t a ~ has ~ ~ ~ ~[AN CITY L~BER C~PANY, ~ NE ~ Ay. 4~.7(C)(I) ~ (E)(7) ~ ~ ~ ~ ~C~'S ~ R~ ~ a ~ ~ ~i~ ~ ~is~s ~ ~.~ ~M iI~ ~ " ~. A ~BLIC HE~ ~ ~ ~ - ~ C~ ~ ~ ~ Ci~ ~lf, ~ NW 1~ A~, ~ray ~, F~. '~C~m~wMr~ ~ ~ ~ ~ ~ at ~is FW~ St~ Sta~ Cl~ ~ ~L~Y B~CH ' c~ c~ ~: ~y L ~ ~Nm MEMORANDUM DATE: May 5, 1998 TO: Alison MacGregor Harty, City Clerk FROM: Lula Butler, Director, Community Improvement RE: Publication of Public Hear Notice/Sign Code Waiver Attached, is the required public notice for the Public Hearing on a request from Ocean City Lumber Company for waivers to Sections 4.6.7(C)(1) and (E)(7) of the LDR's. The notice is sent to you to have published in the local newspaper as required under Section 2.4.7(B). Please note, I have indicated a May 8th publish date. Your cooperation is appreciated. Please call me if you have any questions or required additional information. waiver2.Ocean City Lumber CITY OF DELRAY BEACH NOTICE OF PUBLIC HEARING REQUEST OR WAIVER OF CITY ORDINANCE Pursuant to Section 2.4.7(B) "Waivers of City Ordinances," NOTICE IS HEREBY GIVEN that a request has been received from OCEAN CITY LUMBER COMPANY, 220 NE 2nd Avenue, Delray Beach, Florida for a waiver to the provisions of Sections 4.6.7(C)(1) and (E)(7) of the Sign Code in the City's Land Development Regulations for the City of Delray Beach, Florida. The City Commission will consider a request to waive the provisions of this section of the code to allow a proposed free standing directional sign that exceeds the maximum size allowed and to allow the sign to be erected off-premise. A PUBLIC HEARING on the afore-mentioned waivers of the City's Land Development Regulations will be held on Tuesday, May 19, 1998 at 7:00PM in the City Commission Chambers at City Hall, 100 NW 1st Avenue, Delray Beach, Florida. Please be advised that if a person or persons decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such person(s) will need a record of these proceedings, and for this purpose such person(s) may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record, pursuant to Florida State Statute 286.0105. C1TY OF DELRAY BEACH Alison MacGregor Harty City Clerk Publish May 8, 1998 waiver. Ocean City Lumber MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /0C'- REGULAR MEETING OF MAY 19, 1998 ORDINANCE NO. 19-98 (MODIFICATION TO THE LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT) DATE: MAY 12, 1998 This is second reading and a quasi-judicial public hearing for Ordinance No. 19-98 which modifies the Layer's North Special Activities District (SAD) by re-establishing the total unit count approved for the SAD at 610 residential dwelling units, subject to certain conditions. On May 16, 1995, the City Commission approved a modification to the eastern portion of the Layer's North SAD for The Vinings apartment complex. The modification involved replacing 232 approved units (four proposed 5-story buildings) with 228 units (ten 2 and 3-story buildings) as well as a clubhouse and tot lot. This change reduced the total number of dwelling units within the approved SAD by four, from 610 to 606 units. The completion of The Vinings resulted in the construction of 546 of the approved 606 units. The remaining 60 units were allocated to a vacant parcel of land at the southwest corner of the SAD. The current proposal is to re-establish the maximum number of units to the original 610 units by "transferring" the 4 units that had been previously reduced through the development of The Vinings to the southwest portion of Layer's North. This will accommodate the construction of a 64 unit apartment building to be known as St. Tropez at Delray Beach. The Planning and Zoning Board held a public hearing on April 20, 1998. There was no public testimony. The Board expressed concerns about the condition of the entrance fountain, and stressed to the applicant the importance of having it repaired or replaced. After discussion, the Board voted 5 to 0 (Schwartz and Young absent) to recommend that the request be approved based on positive findings and subject to conditions. At first reading on May 5th, the Commission passed the ordinance by a vote of 4 to 0. Recommend approval of Ordinance No. 19-98 on second and final reading. ref: agmemol 0 ORDINANCE NO. 19-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTABLISHED BY ORDINANCE NO. 65-80, AND AS SUBSEQUENTLY AMENDED BY ORDINANCE NO. 21-95 AND ORDINANCE NO. 34-96, BY RE-ESTABLISHING THE TOTAL UNIT COUNT APPROVED FOR THE LAVER'S NORTH SAD AT 610 RESIDENTIAL DWELLING UNITS THROUGH THE TRANSFER OF FOUR DWELLING UNITS FROM THAT PORTION OF THE SITE PLATTED AS 'THE VININGS AT DELRAY BEACH' TO THE VACANT PARCEL OF LAND AT THE SOUTHWEST CORNER OF THE LAVER'S NORTH SAD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, an application has been received for a modification to the Layer's North SAD (Special Activities District) established by Ordinance No. 65-80, as subsequently amended by Ordinance No. 21-95 and Ordinance No. 34-96, to re-establish the maximum number of units to the original 610 residential dwelling units by transferring the four (4) units that had been previously reduced through the development of The Vinings to the southwest portion of the Layer's North SAD property; WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board considered the request at a public hearing held on April 20, 1998, and voted 5 to 0 to recommend that the request be approved, based upon positive findings and subject to conditions; and WHEREAS, pursuant to Florida Statutes 163.3174(4) (c), the Planning and Zoning Board, as 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 the conditional use and site plan approval for the Layer's North Special Activities District (SAD), established pursuant to Ordinance No. 65-80 and as and subsequently amended, be, the same is hereby approved, based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(D) (5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: (1) That the modification to the southwest 6.55 acres include: (a) Re-establishment of the four (4) residual units from The Vinings development to the 60 approved units for the subject property (64 total units) through the construction of a 5-story apartment building with an entrance canopy, adjacent to the existing lake/retention area; (b) Construction of a 141 space parking lot on the west side of the building; (c) Installation of a swimming pool with a cabana and deck, and a six foot (6') wide pedestrian path adjacent to the lake; and (d) Installation of associated landscaping. (2) That Site Plan Review and Appearance Board (SPRAB) approval be obtained for the specific site and development plan, and that any future site plan modifications be reviewed by SPRAB. (3) That a revised master development plan for Layer's North be submitted; and (4) That improvements to the fountain be made either through repair of the fountain or replacing the fountain with landscaping, and that the repairs be made prior to issuance of a building permit for the apartment project. 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. - 2 - Ord. No. 19-98 PASSED ~ ~OPTED in regular session on second and final reading on this the 19th day of May , 1998. ATTEST: '~City C~rk / First Reading May 5, 1998 Second Reading May 19, 1998 - 3 - Ord. No. 19-98 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 20, 1998 AGENDA ITEM: IV.B. ITEM: Modification to LaveCs North SAD (Special Activities District) to Re- establish Four (4) Dwelling Units at the Southwest Corner of the Laver's North Development, Located at the Northeast Corner of Lindell Boulevard and Egret Circle to Accommodate a 64-unit Apartment Building to be Known as St. Tropez at Delray Beach. , GENE~L DATA: Owner ............................. Delray Beach International Tennis Reso~, Ltd. Agent .............................. Doak S. Campbell, I!1 Applicant ......................... Morin Development Group, Inc. Location .......................... No~heast comer of Lindell Boulevard and Egret Circle. Prope~y Size .................. 6.55 Acres Futura Land Use Map ..... MD (Medium Density 5-12 du/ac) Cu~ent Zoning ............... SAD (S~cial Activities Distri~) Proposed Zoning ............ SAD (Modffied) Adjacent Zoning .... No~h: GC (General Commercial) & PC (Planned Commercial) East: CF (Community Facilities) & OSR (O~n Space and Recreation) South: RM (Multiple Family Residential) West: PC & SAD Existing Land Use .......... Vacant land and an existing access road. Proposed Land Use ........ Modification to the SAD to re~stablish 4 residual units from The ~nings development to the 60 approved units for the subje~ prope~y (~ total units) through the constm~ion of ~sto~ apa~ment building with an entrance canopy; a swimming pool with a cabana; and, associated parking and landscaping. Water Semice ................. Existing on-site. Sewer Se~ice ................ Existing on-site. IV.B. The action before the Board is that of making a recommendation on a modification to the Laver's North SAD (Special Activities District), pursuant to Section 2.4.5(D). The subject property is located at the northeast comer of Lindell Boulevard and Egret Circle, at the southwest corner of the Laver's North development. Pursuant to Section 4.4.25(C)(1), all SADs are established via an ordinance processed as a rezoning. Further, pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make recommendations to the City Commission with respect to the rezoning of any property within the City. The subject property is the vacant 6.55 acre tract at the southwest corner of the overall 61.91 acre Laver's North development. On November 25, 1980, the City Commission approved Rezoning (RM-10 to SAD), Conditional UsE and Site Plan approval requests for Lave~'s North. The Conditional Use and Site Plan approvals were for a tennis resort consisting of 610 dwelling units in eleven 5-story buildings, 26 tennis courts, recreational amenities and resort facilities including meeting rooms, a restaurant and a lounge. A final plat was approved by the City Commission on May 12, 1981. On August 25, 1981 a modification to the Conditional Use was approved by the City Commission (via Ordinance No. 57-81) to allow 240 of the 610 dwelling units to be resort dwelling units (time-share units). Two site plan modifications were processed in 1981 and 1984 which involved additional access points and relocation of support buildings (maintenance and laundry buildings) and other minor adjustments. Between 1981 and 1995, 40.57 acres of the overall 61.91 acre site had been developed with a total of 318 units (six 5-story buildings), 19 tennis courts, and a portion of the resort facilities (2 buildings). In 1981, a 4,000 sq.ft. "temporary" sales complex for the condominiums and time-shares was constructed on the south side of the Laver's North development, adjacent to Egret Circle. On May 16, 1995, the City Commission approved a modification to the Laver's North SAD (via Ordinance No. 21- 95) consisting of the following: El Modifications to the eastern 21.34 acre parcel which included: · Replacing 232 approved units (four proposed 5-story buildings) with 228 units (ten 2 and 3-story buildings) as well as a clubhouse and tot lot; · Elimination of 10 existing tennis courts; and, P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 2 · Elimination of a portion of an existing parking lot (58 existing spaces and 37 future spaces for the tennis resort function). E3 Modifications to the balance (western 40.57 acres) of the Laver's North development: · Addition of two tennis courts; · Elimination of proposed meeting rooms, restaurant, and lounge which were part of the proposed tennis resort facilities; and, · Modifications to the existing parking lot i.e. installation of pavement to provide internal circulation needed as a result of the elimination of the existing parking. These changes reduced the total number of dwelling units within the approved SAD by 4, from 610 to 606 units. At its meeting of June 28, 1995, the Site Plan Review and Appearance Board approved the site plan for the eastern 21.34 acres known as The Vinings at Delray Beach, a rental apartment community development by Trammell Crow Residential, which was constructed in 1996. The completion of the Vinings apartment complex resulted in the construction of 546 of the 606 units for the Layer's North SAD. The remaining 60 units were allocated to a vacant parcel of land at the southwest comer of the SAD. On October 15, 1996, the City Commission approved an SAD modification for Laver's North to allow the "temporary" sales complex constructed in 1981 to become permanent and an official part of the master development plan of record. The permanent structure was to accommodate a tennis academy (International Tennis Resort) and sales office associated with the Laver's North development. The current proposal is to re-establish the maximum density to the original 610 units by "transferring" the 4 units that had been previously reduced through the development of the Vinings apartment complex (east portion of Layer's North), to the proposed southwest portion of Laver's North. The development proposal incorporates the following: El Re-establishment of the 4 residual units from The Vinings development to the 60 approved units for the subject property (64 total units) through the construction of 5- story apartment building with an entrance canopy, adjacent to the existing lake/retention area; El Construction of a 148-space parking lot on the west side of the building; P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 3 E] Installation of a swimming pool with a cabana and deck, and a 6' wide pedestrian path adjacent to the lake; and, r-I Installation of associated landscaping. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The requested zoning change involves a modification to the Laver's North SAD and the associated master development plan. Upon approval, the parcel will retain the SAD zoning designation but the master plan will be modified to allow re-allocation of 4 originally approved units, from one portion of the site to another. The subject property has an MD (Medium Density 5-12 du/ac) Future Land Use Map designation. Pursuant to LDR Section 4.4.25(A), the SAD zoning is deemed consistent with any land use designation on the Future Land Use Map, including the underlying MD land use designation. Further, the uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The original SAD Ordinance for Laver's North (Ordinance No. 57-81) lists the construction of 610 residential units as an allowable conditional use within the Laver's North SAD. The approved units result in an overall density of 10 units per acre. The use is consistent with the underlying MD FLUM designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The SAD approval for Laver's North in 1980 allowed the construction of 610 residential units. To date 546 units have been constructed. The purpose of this SAD modification is to re-allocate 4 originally approved dwelling units that have not been constructed in the east portion of the Laver's North SAD (The Vinings) to the southwest portion of the SAD. The 4 units as well as the currently approved 60 units for this site (southwest corner of Laver's North) were indicated on the approved master development plan of P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 4 1980 at which time positive findings were made with respect to Concurrency i.e. water, sewer, drainage, traffic, parks and recreation facilities, and solid waste. Thus, the 64 units are considered vested, and will not have any impacts with respect to Concurrency. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were found. However, the following is noted regarding recently adopted policies which relate to new housing developments. With the adoption of the amended Comprehensive Plan in December, 1997, additional policies were added to the Housing Element which relate to new housing development providing 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens (Policy B-2.2); providing a range of housing types that offer variety in size color ad style (Policy B-2.3); and, discouraging new rental housing outside the downtown area (B-2.6). These policies are not applicable as the Laver's North SAD is vested with respect to the types and number of units. Section 3.3.2 ~.Standards for Rezoning Actions): Standards A, B and C are not applicable with respect to this rezoning request. The following is the applicable performance standard of Section 3.3.2.' (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The adjacent properties to the north and east are part of the overall Layer's North SAD; south is zoned RM (Medium Density Residential), and west is zoned SAD (VVaterford). The surrounding land uses adjacent to the property include the following: The Lakeview Apartments to the north; Laver's Resort and Racquet Club Condominium to the east; Laver's Delray Racquet Club to the south; and vacant land with approval to construct a 300 unit apartment complex (Carriage Homes). The approved master development plan indicates that this site was approved for a total of 60 units within a 5-story condominium style structure similar to the existing buildings. The proposal is to construct a 64 unit 5-story structure which will be consistent with the existing residential buildings to the north, south and P & Z Board Staff Report Layer's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 5 east. To the west, along Lindell Boulevard and S.W. 10th Avenue, is a buffer consisting of mature Ficus trees. The addition of the 4 units will not impact the original approval, nor impact the surrounding area. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more ap_oropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "The subject property is part of the overafl "LaveFs North" SAD which, by original ordinance, allows 610 units for the entire PUD. There have been constructed 546 units to date in the PUD. According to positions taken by staff, the modification of the SAD for the '¥inings" by not using the full possible allocation of units to that site, reduced the overall availability from 64 to 60 units. This request is to reassign those lout: units which could have been built in the Vinings to this remaining parcel to allow the full 64 units to be constructed on site. 64 units is within the total number contemplated by the original SAD and does not impact traffic or density use on the overall site. The additional 4 units will not result in a project being built in any way different from those constructed on adjacent parcels, but will be similar thereto. Inasmuch as there was no specific allocation of any number of units per building site, this request would be within line of the original intent of the first SAD ordinance.' Comment: The "rezoning" is really more of a modification of the existing master plan and some minor use changes; therefore, these standards aren't entirely applicable. Item "c" most closely relates as the basis for which the SAD modification/rezoning should be granted. The SAD approval for LaveYs North included a total of 610 dwelling units with an overall density of 10 units per acre, 546 of those units have been constructed. The density of the development is within the maximum of 12 units per acre allowed via the underlying Medium Density Future Land Use Map designation. The P & Z Board Staff Report Laver~s North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 6 proposal will not have any impacts with respect to Concurrency as the overall 610 units were approved in 1980. Based upon the above, it is appropriate to approve the SAD modification. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. In conjunction with the SAD modification request, a site plan application was submitted and reviewed by staff. Staff's comments have been transmitted to the applicant and will need to be addressed with the resubmittal of the site plan. The following items relate the SAD modification request. Density_ Staff had concerns with the originally submitted floor plan. The two bedroom units were designed in a manner that the bedroom and living room access adjacent to the entrance foyer could have separate doorways/entrances. The units were designed to accommodate two separate units: a one bedroom apartment and a dorm room/hotel room/suite. The units could be leased seasonally or to students attending the tennis academy (dormitory). This situation would have been in violation of the SAD ordinance with regard to use and density, and also minimum floor area requirements for one and two bedroom apartments. The number of units would have been increased from 610 to 670 units, or 10.8 units per acre. In order to prevent the ability to have two leasable units, the floor plan was modified to integrate the foyer with the kitchen, which eliminated the possibility of providing two separate units (see attached floor plan). This change addressed staff concerns regarding the potential density increase and inconsistent use of the units. If approved, the SAD modification should be limited to the addition of 4 units for a total of 64 units. Perimeter Setbacks for SADs Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be established around the perimeter of any property developed under the SAD designation. Within the front and any side street setback, a 15 foot setback area shall be a landscape setback area and no pavement shall be allowed therein except for pedestrian ways and driveways which provide access to the property and which are generally perpendicular to the abutting street. The proposed building location exceeds the building setback requirements and the setback areas have been landscaped accordingly. Parkina Pursuant to LDR Section 4.6.9(C)(2)(c), 148 parking spaces are required for this development and a total of 148 spaces are proposed. While the parking requirement has been met, the proposed parking lot design does not include the required landscape islands every 10 parking spaces as required by LDR Section 4.6.16(H)(3)(i). In order to meet this requirement, some parking spaces will need to be eliminated, which will affect P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 7 the number of units that can be accommodated with the building, another alternative is to request a waiver to the requirement. While the' SAD modification is to add 4 units, the approval is subject to the Site Plan Review Appearance Board's approval of the site plan. Thus, this item will be addressed at the time of site plan approval. Fountain/Entrance Way The SAD approval of 1980 included the installation of a fountain at the northeast corner of Lindell Boulevard and Egret Circle, at the entrance to the overall Laver's North development. The fountain and entrance have not been maintained for many years and are in deplorable condition. The lack of maintenance of these items is an on-going code violation, and must be improved regardless of the outcome of the Planning and Zoning Board and City Commission actions. The current proposal indicates that the fountain and entrance are to be improved in a future phase. The plans must indicate improvements to the fountain and entranceway with Phase I as these are the primary entrance features to the development. Master Development Plan While a site plan for the subject property has been submitted, the SAD modification relates to the master development plan for Laver's North. Thus, if the SAD modification is approved, a modified master development plan must be submitted which delineates the approved site plan for the subject property and revisions to the overall site data. This has been attached as a condition of approval. SAD Site Plan Modification Review and Approval Process: Substantial changes to an SAD including increases in intensity, change of uses etc. should continue to be reviewed by both the Planning and Zoning Board and the City Commission. However, minor changes to SAD site plans should not. Therefore, it is recommended that the Board remand any future modifications to this site plan for this project to the Site Plan Review and Appearance Board (SPRAB) for approval. In addition, language should be added to the SAD ordinance specifying that future modifications which are not substantial and do not deal with intensity or type of uses can be reviewed by SPRAB and processed as site plan modifications. The rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 8 Site Plan Review and Appearance Board: A site plan application is being processed concurrently with the SAD modification request. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). If SAD modification approval is granted, action on the site plan will follow." The site plan must address the conditions of the SAD modification approval and any other concerns raised at the SAD hearings. Public and Courtesy Notices: Formal public notice has been provided to property owners within 500 feet radius of the subject property. In addition, courtesy notices were provided to the following homeowner's and civic associations: El Delray Racquet Club El Tropic Palms r3 Lake Delray Apartments El Town and Country Estates El Progressive Residents of Delray (PROD) Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The SAD modification request is to re-establish the total unit count of the SAD at 610 units by increasing the number of units permitted on the subject property from 60 to 64. The modification proposal complies with the City's Comprehensive Plan, and Chapter 3 and Section 2.4.5(D) of the Land Development Regulations, that the SAD modification is more appropriate given the existing use of the property, and that the establishment of the 4 units will not impact previous findings or adjacent properties. This SAD modification must be limited to the addition of 4 units for a total of 64 units. A. Continue with direction. B. Recommend approval of the modification request to the Laver's North SAD based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to conditions. C. Recommend denial of the modification request to the Laver's North SAD based upon a failure to make a positive finding with respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill at least one of the reasons listed. P & Z Board Staff Report Laver's North - SAD (Special Activities District) Modification for St. Tropez (Apartment Building) Page 9 Recommend to the City Commission approval of the modification request to the Laver's North SAD (Special Activities District) based upon positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the following conditions: A. That the modification to the southwest 6.55 acres include: 1. Re-establishment of the 4 residual units from The Vinings development to the 60 approved units for the subject property (64 total units) through the construction of 5-story apartment building with an entrance canopy, adjacent to the existing lake/retention area; 2. Construction of a 141-space parking lot on the west side of the building; 3. Installation of a swimming pool with a cabana and deck, and a 6' wide pedestrian path adjacent to the lake; and, 4. Installation of associated landscaping. B. That SPRAB approval be obtained for the specific site and development plan, and that any future site plan modifications be reviewed by SPRAB; C. That a revised master development plan for Laver's North be submitted; and, D. That improvements to the fountain be made either through repair of the fountain or replacing the fountain with landscaping, and that the repairs be made prior to issuance of a building permit for the apartment project. Attachments: Floor Plan & Site Plan Report prepared by: Jeff Costello. Senior Planner Project: ModM: Data St-Tropez "A" [lTV DF DELRR¥ BER£K CITY ATTORNEY'S OFFICE FACSINI1LE 407,r'278'4755 Writer's Direcl ],in¢: (561) 243-7091 DELRAY BEACH lll.lmm~a City MEMORAN DU M l~ll~lll,, DATE: Ma¥13,1998 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendments to Chapter 96 "Fire Safety and Emergency Services" The attached Ordinance amends Chapter 96, "Fire Safety and Emergency Services" by updating the editions of' certain NFPA fire codes contained in Section 96.16, "Certain Codes Adopted by Reference". Section 96.17, "Amendments" is deleted. All future amendments pertaining to a particular NFPA code will be noted in Section 96.16. Furthermore, Section 96.46, "Aboveground Installations" is amended to provide that if' certain conditions are met tanks exceeding 300 gallons in capacity may be placed aboveground. By copy of' this memorandmn to David Harden, City Manager, our office requests that Ordinance No. 20-98 be placed on the City Commission agenda of May 19, 1998 for approval. Attachment cc: David Harden /;~ Alison Harry ChiefRehr Pr/ntedo'~ RecycledPaper ORDINANCE NO. 20-98 AN 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 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", ADOPTING VARIOUS EDITIONS OF THE NFPA CODES AND DELETING SECTION 19-3.5.6 OF CHAPTER 19 OF NFPA 101 AND ADOPTING A SUBSTITUTE THEREFORE; BY REPEALING SECTION 96.17, "AMENDMENTS"; BY AMENDING SECTION 96.46, "ABOVEGROUND INSTALLATIONS", TO PROVIDE FOR CONDITIONS FOR ABOVEGROUND TANK INSTALLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City follows certain NFPA codes in relation to fire protection requirements; and WHEREAS, the NFPA periodically updates its codes by issuing editions; and WHEREAS, the City Commission deems it to be in the public interest to adopt certain updated NFPA Codes. 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 96.16, "Certain Codes Adopted by Reference", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 96.16 CERTAIN CODES ADOPTED BY REFERENCE. (A) The Uniform Fire Safety Standards promulgated pursuant to Section 633.022 of the Florida Statutes and the rules promulgated by the State Fire Marshal pursuant to Section 633.01 of the Florida Statutes, and as set forth in the Florida Administrative Code, Rule 4A, are herein incorporated by reference, all as if fully set forth herein and as may be revised and amended from time to time. If there are subsequent revisions or amendments to the Uniform Safety Standards or Rules of the State Fire Marshal, then those revisions and amendments automatically become adopted under this chapter and are deemed a part hereof. A violation of the Uniform Safety Standards or the Rules of the State Fire Marshal shall be a violation of this section. (B) There are adopted for the purpose of prescribing regulations governing conditions~ hazards to life, or property, from fire or explosion, the following minimum National Fire Codes, prescribed by the National Fire Protection Association (NFPA), t ....... .~ ..... , .... ~ ~^.: ..... ,~,,,.,,., .... ,-,, ..,,.,,,,j ,.,,.,,~,,u....,,,...,,,.. ,, ..... ,~.,~,,,. ,. o,,,~.,,. .... -,- ,...o -,..,.v.,-./as set forth herein. A violation of the National Fire Codes as set forth herein shall be deemed a violation of this section. The applicable National Fire Codes are on file in the office of the City Clerk, and the provisions thereof shall be controlling within the limits of the city: (l) NFPA 1, "Fire Prevention Code", 1987 1992 edition. (2) NFPA 10, "Portable Fire Extinguishers", 4-994- 1994 edition. (3) NFPA 11, "Low Expansion Foam and Combined Agent Systems", !988 1994 edition. (4) NFPA l lA, "Medium and High Expansion Foam Systems", 1988 1994 edition. (5) NFPA 12, "Carbon Dioxide Extinguishing Systems", 1989 1993 edition. (6) NFPA 12A, "Halon 1301 Extinguishing Systems", 1989 1992 edition. (7) NFPA 12B, "Halon 1211 Extinguishing Systems", 1990 edition. (8) NFPA 13, "Installation of Sprinkler Systems", 1989 1994 edition. (9) NFPA 13D, "Sprinkler Systems in One- and Two- Family Dwellings", 1989 1994 edition. (10) NFPA 13R, "Installation of Sprinkler Systems in Residential Occupancies Up to Four Stories in Height", 1989 1994 edition. (11) NFPA 14, "Installation of Standpipe and Hose Systems", 1990 1993 edition. (12) NFPA 15, "Water Spray Fixed Systems", ! 990 edition. (13) NFPA 16, "Installation of Deluge Foam-Water Sprinkler and Foam-Water Spray Systems", 1991 1995 edition. (14) NFPA 17, "Dry Chemical Extinguishing Systems", 1990 1994 edition. (15) NFPA 17A, "Wet Chemical Extinguishing Systems", 1990 1994 edition. (16) NFPA 20, "Installation of Centrifugal Fire Pumps", 4090 1993 edition. (17) NFPA 22, "Water Tanks for Fire Protection", 1987 1993 edition. 2 ORD. NO. 20-98 (18) NFPA 25, "Water Based Fire Protection Systems", 1995 edition. (19) NFPA 30, "Flammable and Combustible Liquids Code", 1990 1993 edition. (-t-9~(20) NFPA 30A, "Automotive and Marine Service Station Code", 1993 edition. ;or~wg~ NFPA 31, "Installation of Oil Burning Equipment", ~no-~ 1992 ~,~,o,t~, s] · .~ ~, , edition. (-24-)(22) NFPA 32, "Drycleaning Plants", 1990 edition. ~-~-~.--~,,;°°xzg'~x NFPA 33, "Spray Application Using Flam~nable and Combustible Materials", 1989 edition. t23x(24)~ ;. . NFPA 34, "Dipping and Coating Processes Using Flammable or Combustible Liquids", 1989 edition. (g4)(25) NFPA 35, "Manufacture of Organic Coatings", 1987 1995 edition. (-2-5-)(26) NFPA 40, "Storage and Handling of Cellulose Nitrate Motion Picture Film", 1988 1994 edition. (-2-6)(27) NFPA 40E, "Storage of Pyroxylin Plastic", 1986 1993 edition. (--2--7-)(28) NFPA 43A, "Storage of Liquid and Solid Oxidizing Materials", 1990 edition. (-gg)(29) NFPA 43B, "Organic Peroxide Formulations, Storage of', 1986 1993 edition. (30) NFPA 43D, "Storage of Pesticides in Portable Containers", 1986 1994 edition. (31) NFPA 45, "Fire Protection for Laboratories Using Chemicals", 4-986 1991 edition. (32) NFPA 46, "Storage of Forest Products", 1990 edition. 3 ORD. NO. 20-98 (33) NFPA 51, "Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied Process", 1987 1992 edition. (34) NFPA 5 lA, "Acetylene Cylinder Charging Plants", 1989 edition. (35) NFPA 5lB, "Cutting and Welding Processes", 1989 1994 edition. (36) NFPA 54, "~,N, tural National Fuel Gas Code", 1988 1992 edition. (37) NFPA 58, "Storage and Handling of Liquefied Petroleum Gases", 4989 995 edition. (38) NFPA -74, ,.t...~,,~.:~. n,~:.. ........ `4 t t~ ^C r,~...., c.~0:~. C: .... ,:.~ gyslemsar4x)~ 70, "National Electric Code" 1993 edition. "National Fire Alarm Code", 1993 edition. (43-)(40) NFPA 75, "Protection of Electronic Computer/Data Processing Equipment", 1989 1992 edition. (44-)(41) NFPA 80, "Fire Doors and Windows", 1990 1992. edition. (4-5)(42) 'NFPA 82, "Incinerators, Waste and Linen Handling Systems and Equipment", 4090 1994 edition. (46)(43) NFPA 88A, "Parking Structures", 4-98&1991 edition. (47)(44) NFPA 88B, "Repair Garages", 4x)g-5-1991 edition. (-48-)(45) NFPA 90A, "Installation of Air Conditioning and Ventilating Systems", 1989 1993 edition. (49)(46) NFPA 90B, "Installation of Warm Air Heating and Air Conditioning Systems", 1989 1993 edition. 4 ORD. NO. 20-98 (-50-)(47) NFPA 91, "Installation of Blower and Exhaust Systems for Dust, Stock and Vapor Removal or Conveying", 1990 1995 edition. (-54-)(48) NTPA 96, "Installation of Equipment for the Removal of Smoke and Grease-Laden Vapors Frown Commercial Cooking Equipment", 199! 1994 edition. (5-2-)(49) NFPA 99, "Health Care Facilities", ! 999 1993 edition. (-5-3-)(50) NFPA 101, "Safety to Life From Fire in Buildings and Structures", 1988 1994 edition: except for Section 19-3.5.6 of Chapter 19, "Existing Apartment Buildings". In lieu of Section 19-3.5.6, the following is adopted to provide for regulations regarding high rise apartment buildings: (a) meeting rooms, lobbies and offices that contain combustible furnishings shall be required to have sprinkler protection or smoke detection and separation from means of egress~ (b) hazardous areas as defined by Section 19-3.2.1 shall be required to have sprinkler protection; (c) dwelling units shall not be required to have sprinkler protection; (d) corridors shall be required to have smoke detection connected to the building fire alarm control and report to a constantly attended location or communicate through a central station signaling system to the fire communications center. (e) Existing high rise buildings shall have (3) three years from the effective date of this ordinance to come into compliance. However, the Fire Chief or his/her designee, may grant an extension of this deadline for existing high rise buildings for a reasonable period of time depending upon the magnitude of expenditure, disruption of services, and degree of hazai-d. (51) NFPA 101-A, "Life Safety, Alternative Approaches", 1995 edition. (-54)(52) NFPA 102, "Assembly Seating Tents and Membrane Structures", 198,5 1995 edition. (-5-5)(53) NFPA 110, "Standard for Emergency and Standby Power Systems", 1993 edition. (-56-)(54) NFPA 204M, "Smoke and Heat Venting", 1985 1991 edition. (5-79(55) NFPA 211, "Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances", 1988 1992 edition. (-58)(56) NFPA 220, "Types of Building Construction", -lX18-5 1992 edition. (59)(57) NFPA 231, "General Storage", !990 1995 edition. 5 ORD. NO. 20-98 (60)(58) NFPA 231C, "Rack Storage of Materials", -1-99-1- 1995 edition. t~,x,,,/x.,~wqo~ NFPA 23 ID, "Storage of Rubber Tires", !989 1994 edition. (62-)(60) NFPA 241, "Building Construction and Demolition Operations", 4-989 1993 edition. (63-)(61) NFPA 251, "Fire Tests of Building Construction and Materials", 1990 edition. (64)(62) NFPA 252, "Fire Tests of Door Assemblies", -1-990 1995 edition. (45)(63) NFPA 253, "Tests for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source", 1990 edition. (-66)(64) NFPA 255, "Tests of Surface Burning Characteristics of Building Materials", 1990 edition. (-67-)(65) NFPA 664, "Fire and Explosions in Wood Processing and Woodworking Facilities", !987 1993 edition. (68)(66) NFPA 704, "Identification of Fire Hazards of Materials", 1990 edition. (69-)(67) NFPA 1123, "Public Display of Fireworks", 1999 1995 edition. (70-)(68) NFPA 1221, "Installation, Maintenance and Use of Public Fire Service Communication Systems", -1988 1994 edition. Section 2. That Chapter 96, "Fire Safety and Emergency Services", Section 96.17, "Amendments", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed. 6 ORD. NO. 20-98 · thi 7 ORD. NO. 20-98 Section 3. That Chapter 96, "Fire Safety and Emergency Services", Section 96.46, "Aboveground Installations", of the Code of Ordinances of the City of Deiray Beach, Florida, be, and the same is hereby amended to read as follows: Section 96.46 ABOVEGROUND INSTALLATIONS. All aboveground tank installations shall be of a capacity of 300 gallons or less and shall be in the form of skid tanks. Tanks exceeding 300 gallons capacity shall be installed underground. Aboveground storage tanks in excess of 300 gallons capacity now in use shall not be replaced with aboveground tanks but only with underground tanks. However, a tank exceeding 300 gallons in capacity, may be placed aboveground if it is encased in a minimum two hour vault and adequately screened from view. 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 pan declared to be invalid. Section 5. That ali ordinances or pans of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 __ day of ,1998. MAYOR ATTEST: City Clerk First Reading Second Reading 8 ORD. NO. 20-98 I:ITV DELRflV BER K Wd~r's D~ect L~: (561) 243-7~ DELRAY BEACH 1993 TO: Ci~ Co~ission FROM: David N. Tolces, Assistant Ci~ A~ome~ S~JECT: Ordimnce ~end~g Water and Sewer ~tes for 8' and 10' Water ~d Sewer Meters - Non-Residential Service The proposed ordinance amends City code sections relating to water and sewer service charges. The ordinance adds specific fees for water and sewer service which uses 8" and/or 10" meters. As explained in the accompanying memorandum, the current City code is silent as to the fees for the 8" and 10" meters. If you have any questions, please call. DNT:srnk Attachment cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Richard Hasko, Director of Environmental Services watsew.dnt SUBJECT: PROPOSED ORDINANCE REVISION CHAPTER 52. WATER: CHAPTER 53. SEWER DATE: May 6, 1998 As you are aware, we have a current wholesale water agreement with the Town of Highland Beach which allows us to invoice metered water mounts at the City's non-residential rate for outside of city customers. This rate includes a capacity charge which is based on meter size for installations having meters between 3/4" and 6" in size. In addition, we are in the process of revising our wholesale water agreement with the Town of Gulfstream so as to invoice their metered usage using the same method as the Highland Beach conll~ct. Since both Highland Beach and Gulfstream have 8" meters, it is necessary to amend our ordinances to address capacity charges for meters larger than 6". I am attaching marked-up copies of the appropriate sections of Chapters 52 and 53 showing the in-city and outside-city values for 8" and 10" meters. These values are determined from AWWA tables as was done in the 1991 Ernst and Young Rate Study. Sections of the ordinances affected are Section 52.31 (A)(2), 52.34 (B), 53.13 (D)(2)Co). I would appreciate you handling the ordinance revision through Commission approval and adoption. Should you require additional information, please contact me at extension 7336. RCB:cl cc: David Harden Susan Ruby Joseph Safford ORDINANCE NO. 21- 9 8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 52.31, "CONNECTION CHARGES", SECTION 52.34(B), "MONTHLY RATES", AND SUBSECTION 53.130(D)(2), "NONRESIDENTIAL COMMERCIAL UNITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR INCLUSION OF WATER AND SEWER CHARGES FOR EIGHT INCH AND TEN INCH WATER AND SEWER LINE SERVICE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach entered into agreements with the Town of Highland Beach and the Town of Gulfstream to provide for water service; and WHEREAS, the water service is provided to Highland Beach and Gulfstream through six- inch and eight-inch meters; and WHEREAS, the City desires to amend its ordinance to provide for charges for water and sewer service through eight-inch and ten-inch meters. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION FOR THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~. That Title V, "Public Works", Chapter 52, "Water", Section 52.31, "Connection Charges" of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: Section 52.31 CONNECTION CItARGES. (A) Required. In addition to the meter installation charge, there shall be connection charges as follows: (1) There shall be a water connection charge of $788 per connection of each residential unit. One residential unit connection is herein defined to be any family living unit, and, where two or more families are living on the same premises, each shall be considered as a separate residential dwelling unit. In apartment buildings, condominiums, cooperatives, duplexes, resort dwelling units, and the like, and per each trailer space in a trailer park, each living unit shall be considered as one residential unit connection. (2) There shall be a nonresidential and irrigation water connection charge which shall be based on $788 per Equivalent Residential Connection (E.1LC.). The following water connection charges are hereby established for nonresidential and irrigation service: Meter Size Connection flnches~ E.R.C. .C, hag, g~ 3/4 1.00 $ 788.00 1 1.67 1,315.96 1-1/2 3.33 2,624.04 2 5.33 4,200.04 3 11.67 9,195.96 4 21.00 16,548.00 6 46.67 36,775.96 8 80.00 63.040.00 10 126.67 99.815.96 Section 2. That Title V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", Subsection 52.34(B), "Monthly Rates", be, and the same is hereby amended to read as follows: Nonresidential and Irrigation Inside City Outside City Customer charge (per meter) $ 1.61 $ 2.01 Capacity charge (based upon meter size): 3/4 inch meter 7.93 9.91 1 inch meter 13.24 16.55 1-1/2-inch meter 26.41 33.01 2-inch meter 42.27 52.84 3-inch meter 92.54 115.68 4-inch meter 166.54 208.18 6-inch meter 370.10 462.63 g-inch meter 634.40 793.00 1 O-inch meter 1.004.49 1.255.62 2 ORD NO. 21-98 Commodity charge (all metered consumption per 1,000 gallons) 1.20 1.50 ~. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", Subsection 53.130(D)(2), "Nonresidential/Commercial Units", be, and the same is hereby amended to read as follows: Nonresidential/Commercial Inside City Outside City (a) Customer charge: $ 1.61 $ 2.01 Co) Capacity charge (per meter): 3/4-inch meter $ 9.65 $ 12.06 1-inch meter 16.11 20.14 I- 1/2 inch meter 32.11 40.14 2-inch meter 51.40 64.25 3-inch meter 112.52 140.65 4-inch meter 202.47 253.09 6-inch meter 449.98 562.48 8-inch meter 772.00 965.00 lO-inch meter 1-222-37 1.527,96 ~. 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. Sec~on 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. S~6on 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 3 ORD NO. 21-98 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. wat~w.o~d 4 ORD NO. 21-98 MEMORANDUM TO: David T. Harden, City Manager MacGregor Harty, City Clerk~ FROM: Alison SUBJECT: Public/Commission Comments from May 19, 1998 DATE: May 26, 1998 Attached for your review are the public and City Commission comments from the May 19th regular meeting. With respect to Mayor Alperin's comment about the colors at the Wolfie's on Linton Boulevard, you asked me to check the appealable actions to find out when this went to the Commission. It was included in the Report of Appealable Actions on the March 17, 1998, regular agenda, having been considered by SPRAB (approved with conditions, 6 to 1, Sittler dissenting) on March 4, 1998. Attached is a copy of the cover memo and SPRAB report. At the March 17th meeting, the appealable actions were approved as part of the consent agenda (5-0 vote). If you need additional information, please let me know. AMH/m Attachments 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. She stated that the Planning and Zoning Board considered this matter at a public hearing on April 20, 1998, and voted § to 0 to recommend approval, based upon positive findings and subject to the conditions set forth in Ordinance No. 19-98. Doak Campbell, attorney remresentina the applicant, stated that the subject application represents the final residential component of the Layer's North Special Activities District. With its development, the property will be built out including proper landscaping and maintenance. There is no increase in the density anticipated by the original approval, and consequently no increase in any of the impacts associated with the completion of this project. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Egan moved to approve Ordinance No. 19-98 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. Prior to roll call, Mayor Alperin clarified that a condition of approval contained in the ordinance is that improvements to the fountain be made either through repair of the fountain or replacing the fountain with landscaping, and that this will be completed prior to the issuance of any building permits for the apartment project. He further stated that he wished to make it part of the record that the four residual units from The Vinings are being moved to this project only and will not be allowed to be used anywhere else on the property. There will be no future reconsideration of the maximum number of units approved and allowed on the site. 11. ~omments and In~uiries on Non-Agenda Items ~rom the Public-Immediately following Public Hearings. 11.A. city Manager's response to prior public Comments and In response to the inquiry at the May 5th meeting regarding landscaping requirements for property on N.E. 22nd Street, the City Manager stated that the property owner was noticed on March 23, 1993, for non-compliance under the minimum landscape code, and received a formal violation notice in December, 1993. A formal hearing was scheduled before the Code Enforcement Board in June of 1997, from which the property owner requested a time extension. He submitted plans in December, 1997, for a site plan modification for the construction of a paved parking lot with landscaping and drainage. Apparently, this is where part of his concern arose because the minimum landscaping requirements for an existing building are different than they are if you change your site which is what he triggered with the parking lot construction. His confusion may have been related to the fact that his original notice from the City was regarding landscaping, but the construction of the parking lot triggered a site plan modification. In reviewing the situation, staff does not believe that conflicting information has been provided, but rather the confusion has resulted because of the difference in requirements for the two different circumstances. In response to the inquiry about the unsightly appearance of properties along the north side of Old Germantown Road, the City Manager reported that staff inspected the area and noted two properties that require maintenance. Both Fine Realty and Crosswinds were cited for overgrowth along the right-of-way. In the past, staff has contacted Crosswinds relative to maintaining the right-of-way area and they have been cooperative. The Fine property also has been maintained in the past, but does require maintenance as of this date. Staff will follow up on both violations to insure that they are corrected. In response to the property owner on N.W. 12th Street where the City is narrowing the road and he has a paver block driveway, the City Manager stated that under the requirements in the Land Development Regulations the City will pay whatever we would have paid to put in an asphalt driveway. The difference in cost between that and the paver blocks would be the property owner's responsibility. The City Manager then stated that Palm Beach County contacted us last week concerning the results of a study about protected left turn movements at the intersection of Swinton Avenue and Lake Ida Road. The County indicated that the protected left turn arrows are warranted and that the work of installing them should be completed in approximately three months. 11.~. From the Public. 11.B.~ Alice Finst. 707 Place Tavant, requested a progress report on what is happening with the appearance of the Marine Way (blue) building on Lake Ida Road. Mrs. Finst then expressed concern about the City parking lot on the north side of the Marriott hotel located at the northwest corner of AiA and Atlantic Avenue. She commented that it appeared to her that hotel guests were using the public parking and asked if we have some kind of agreement where we are charging the hotel for the use of a City parking lot? She stated that neither the gate nor parking meters have been installed and there is nothing to control who is using that parking lot. She felt that the City should be getting some revenue out of it since it is supposed to be a public parking lot even though that does not seem to be the actual use. In response, the City Manager stated that the gate has been ordered and is being fabricated; the meters have also been ordered and are expected to be installed in the near future. As for the Marine Way building, the Manager commented that it is in the code enforcement process although he would get an update on it and report back on the status. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. The City Manager had no comments or inquiries. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13,C. City Commission. 13.C.1. Commissioner ~aan had no comments or inquiries. ~3.C.2. Commissioner Schmidt stated he had received a call from the President of Delray Place Condominium Association which is located on the south side of S.E. 10th Street, between Dixie Highway and Federal Highway, directly adjacent to the property with the Hurricane Pines scrub parcel. It seems there is a group of vagrants or squatters who have set up camp in the scrub parcel. The Delray Place residents say they have reported it to the Police and Code Enforcement, but apparently the vagrants are starting to harass the residents of the condominium, including throwing rocks at their vehicles as they go in and out of the development. Mr. Schmidt asked the City Manager to have something done about rectifying the situation. Mr. Schmidt then stated that he was contacted by the head of the Fire Department Union last week who expressed frustration at the Commission's vote to not meet, either individually or collectively, with Union members. They are taking the position that Commission members are free to talk to them up until the time that the Special Master might rule, and asked that this be brought to the Commission's attention to see if the Commission might want to rethink its position on this matter. Mr. Schmidt stated that if the statute does, in fact, not prohibit the Commission from discussing issues with the Union, he personally would have no objection to it. The City Manager commented the problem is that frequently if Commissioners do that, management is undermined and the Union, instead of negotiating with management, will end run management all the time and negotiate with the Commission. He further stated that legally the Union may be correct, although he does not consider it legally appropriate because of the fact that after the Special Master process, the Commission has to make the ultimate decision. It was the majority consensus of the City Commission not to change its position to Do% discuss issues directly with the Union. 13.C.3. Commissioner Ellinasworth had no comments or inquiries. 13.C.4. ~avor A1Derin stated it was his understanding there was considerable discussion at a Site Plan Review and Appearance Board meeting about the red color at the Wolfie's restaurant which is getting ready to open at the old Checker's location on Linton Boulevard. He commented that he did not remember seeing anything come past the Commission concerning Wolfie's or the change in color, and asked the City Manager to check on when the restaurant received approval. There being no further business, Mayor Alperin declared the meeting adjourned at 8:10 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of May 19, 1998, which minutes were formally approved and adopted by the City Commission on . City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITYM,~q'AGER~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MARCH 13, 1998 Attached is the Report of Appealable Land Use Items for the period March 2nd through March 13, 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: DIANE DOMINGUEZ, DIRECTOJR~ ~ DEPARTMENT OF PLANNING A,..ND ZO.~JNG FROM: /JASMIN ALLEN, PLANNER SUBJECT: MEETING OF MARCH t7, 1998 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH2, 1998 THRU MARCH 13, 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 March 2, 1998 through March 13, 1998. ..~.~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~,~:~.:~.:~.'.:~:,~=::::::::~.~.~ .... :,, .~, ~. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. City Commission Documentation Appealable Items Meeting of March 17, 1998 Page 2 A. Approved (6 to 0, Martin arrived late), a fiat wall sign for Delray Isuzu, located at the southeast corner of South Federal Highway and Avenue B. Approved with conditions (7 to 0), the master sign program for the Marriott, located at the northwest corner of A-1-A and East Atlantic Avenue. C. Approved (7 to 0), the architectural elevation plan associated with the installation of decorative grills on an existing parking garage openings for Jardin Del Mar, located on the west side of A-l-A, between Ingraham Avenue and Ocean Terrace. D Approved with conditions (6 to 1, Sittler dissenting), a request for a color change for Wolfie's Deli Express, located at the southeast corner of Linton Boulevard and S.W. 10th Avenue. The building will be repainted to incorporate a peach stucco, red fascia and black banding. The dumpster will be painted peach. E. Tabled on a 7 to 0 vote, the site plan modification(Class III) request for Seacrest Christian School, located at the southeast corner of Seacrest Boulevard and Gulf Stream Boulevard. The item was tabled in order to allow the applicant to address on-site vehicular circulation. F. Approved with conditions (7 to 0), the site plan modification (Class II) and landscape plan associated with the installation of 32 additional parking spaces at Levenger's, located on the west side of Congress Avenue, south of Atlantic Avenue. Concurrently, the Board granted a request for a waiver to allow the installation of one tree for every 50' in- lieu of every 30'. G. Approved with conditions (7 to 0), a site plan modification (Class II) associated with the establishment of a precision metal products and fishing reels manufacturing company within an existing industrial building for Ted Juracsik Tool & Die, located at the northeast corner of N.W. 18th Avenue and Dr. Carol Krol Way, approximately 420 feet east of Congress Avenue. H. Approved with conditions (7 to 0), the site plan modification (Class III), a landscape plan and architectural elevation plan in conjunction with the installation of a 120' monopole communication tower for Omnipoint,