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09-15-98 Regular DELRAY BEACH Ail-America City SEPTEMBER 15, 1998 - 6:00 P.M.; PUBLIC HEARING 7:00 P.M.~il 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 243-7127 (voice), or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. 'PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an in4ividu&l will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. 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 August 18, 1998 6. Proclamations: A. Constitution Week - September 17 thru 23, 1998 B. Pollution Prevention Week - September 21 thru 27, 1998 C. Recognizing and commending the members of the Delray Beach Lifeguard Competition Team for their performance at the 1998 United States Lifesaving Association National Lifeguard Championships. 7. Presentations: A. Distinguished Budget Presentation Award for 1998 from the Government Finance Officers Association (GFOA). B. Plaque commemorating Delray Beach's selection as a 1998 All-America City Finalist in recognition of achievement through citizen action. 8. Consent Agenda: City Manager recommends approval. A. FINANCING FOR CLUB CAR GOLF CARTS: Approve financing through SunTrust at the rates and terms specified for the lease/purchase of 60 Club Car golf carts for the Lakeview Golf Course and 80 Club Car golf carts for the Municipal Golf Course, with funding through 446-4713-572-44.90 (Lakeview Golf Course - Equipment Lease) and 445-4713-572-44.90 (Municipal Golf Course - Equipment Lease). B. 'GRANT APPLICATION FOR POMPEY PARK BALLFIELDS: Authorize submitting an application to the Florida Recreation Development Assistance Program (FRDAP) for grant funding in the amount of Regular Commission Meeting September 15, 1998 $100,000 to assist with the programmed improvements for the ballfields at Pompey Park. C. TRAINING AGREEMENT RENEWAL/SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve renewal of the agreement between the School District of Palm Beach County and the City for vocational education programs for City employees for the period July 1, 1998 through June 30, 1999. D. FIFTH AMENDMENT TO BANKING SERVICES AGREEMENT WITH BARNETT BANK: Approve the Fifth Amendment to the Banking Services Agreement with Barnett Bank of Palm Beach County at present pricing through September 30, 2000, with an option to renew the contract for up to two (2) additional 12 month periods, with pricing to be reviewed prior to each option period. E. AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT WITH PALM BEACH COUNTY FOR LAKE IDA ROAD BEAUTIFICATION: Approve an amendment to the Financial Assistance Agreement with Palm Beach County dated April 1, 1997, relative to Lake Ida Road beautification (Congress Avenue to Swinton Avenue segment) to extend the deadline for submittal of reimbursement documentation by the City until June 30, 1999. P. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/UNLICENSED CONSTRUCTION ACTIVITY: Approve an interlocal agreement with Palm Beach County to allow the enforcement of County Ordinance 97-56 within the City to assist with the regulation of unlicensed construction activity and unlicensed contractors. G. SPADY HOUSE GRANT AWARD/RESTRICTIVE COVENANTS: Approve restrictive covenants relating to the State Historic Preservation Grant award to the Community Redevelopment Agency for the restoration of the Spady House. H. CONDITIONAL PERMIT AGREEMENT WiTH LAKE WORTH DRAINAGE DISTRICT: Approve a conditional permit agreement with the Lake Worth Drainage District to allow the City to act as the licensee for utility improvements in the LWDD L-33 Canal right-of-way which are necessary to provide water service to a new development located just north of the canal. I. SERVICE AUTHORIZATION #3/DIGBY BRIDGES, MARSH & ASSOCIATES (ORCHARD VIEW PARK MASTER PLAN): Approve Service Authorization %3 in the amount of $22,500.00 with Digby Bridges, Marsh & Associates for consulting services in developing a master plan and specifications for improvements to Orchard View Park, with funding from 117-4178-572-61.10 (Recreation Impact Fee/Southwest Park). J. CLOSEOUT CHANGE ORDER ~6 AND FINAL PAYMENT/MOLLOY BROTHERS, INC. (S.E. 4TH AVEN~3E ROADWAY IMPROVEMENTS): Approve closeout Change Order #6 in the net deduct amount of $380.03 and final payment in the amount of $47,700.00 to Molloy Brothers, Inc. -3- Regular Commission Meeting September 15, 1998 for completion of the S.E. 4th Avenue Roadway Improvements project (original contract plus change orders/contract additions #1-5), with funding from 448-5411-538-63.90 (Stormwater - Other Improvements) for the $380.03 deduct and $47,700 final payment from 441-5161-536-63.72 (Water & Sewer Capital Outlay - Bermuda Gardens Drive). K. FINAL PAYMENT/ALMAZON BROTHERS TRUCKING, INC. (WOODS OF SOUTHRID~E ROADWAY IMPROVEMENTS): Approve final payment in the amount of $37,986.00 to Almazon Brothers Trucking, Inc. for completion of the Woods of Southridge roadway improvements special assessment project, with funding from 334-3162-541- 61.22 (General Construction Fund - Woods of Southridge). L. IMPROVEMENT PLAN FOR A PORTION OF CURLEW ROAD: Approve the plan to pave the easternmost portion of Curlew Road to include parking and a turn-around area in conjunction with the Leon Weekes Environmental Preserve and associated improvements. M. RESOLUTION NO. 58-98: Approve a resolution supporting Revision #10 to the Florida Constitution, a proposed constitutional change containing several issues of importance to cities, namely ex parte communications and revisions to tax exemptions, and encouraging our citizenry to vote "Yes" to this revision. N. RESOLUTION NO. 52-98: Approve a resolution authorizing the City's acquisition of property located at 119 S.W. 7th Street to accommodate the construction of a chemical storage facility for the water treatment plant, and accepting the agreement for purchase and sale. O. RESOLUTION NO. 50-98: Approve a resolution assessing costs for abatement action required to remove nuisances on 25 properties throughout the City. P. RESOLUTION NO. 51-98: Approve a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 227 N.W. 5th Avenue. Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 17th through September 11, 1998. R. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $92,345.15 to Jam Rock, Inc. for sidewalk construction on S.W. 4th Street between Swinton Avenue and S.W. 6th Avenue, and on S.W. 6th Avenue from S.W. 4th Street to Atlantic Avenue, with funding from 118-1965-554-63.11 (Community Development - Bikepaths/ Sidewalks). 2. Bid award in the estimated annual amount of $12,705.00 to Jones Chemicals, Inc. for the purchase of hydrofluosilicic -4- Regular Commission Meeting September 15, 1998 acid (liquid flouride) for the Water Treatment Plant, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals) from FY 1999 Budget. 3. Contract award in the total amount of $26,050.00 (base bid $24,850 plus $1,200 for alternate #1) to Republic Construction & Development Corp. for renovations to the employee lounge/training room at the Parks and Recreation maintenance facility, with funding from 001-4131-572-62.10 (Parks and Recreation - Buildings). 4. Contract award in the amount of $407,020.00 to Telcon, Inc. for Phase II of the Highland Beach Force Main Replacement project (along A1A from Hibiscus Drive south to the point of connection at the Highland Beach town limits), with funding from 442-5178-536-63.92 (Water and Sewer R&R/Highland Beach Force Main). 5. Bid award at an estimated annual cost of $30,000.00 to Aquifer Maintenance & Performance Systems, Inc. for the annual contract for well rehabilitation, with funding from 442-5178-536-61.82 (Water and Sewer R&R/Well Rehab) from 1999 Budget. 6. Bid award at an estimated annual cost of $16,500.00 to Walcott & Son as the primary contractor and to RPMS Co., Inc. as the secondary (backup) contractor for Code Enforcement nuisance abatements (lot clearing and mowing), with funding from 001-2741-524-34.30 (Code Enforcement - Lot Mowing/Clearing) from 1999 Budget. 7. Purchase award in the total amount of $46,249.67 to GameTime, via Florida SNAPS (State Negotiated Agreement Price Schedule) contract, for playground equipment to be installed at Merritt Park and the Leon Weekes Environmental Preserve. Funding in the amount of $17,862 (Merritt Park) will be from 118-1965-554-63.40 (CDBG - Recreation Improvements), with $28,387.67 (Weekes Preserve) from 117-4169-572-63.40 (Recreation Impact Fee - Recreation Improvements). 8. Purchase award in the total amount of $11,395.00 to HTE Inc., sole source vendor, for interactive reporting software (Cognos Impromptu for CRIMES/CADIII) to interface with the Police Department's AS400, with funding from 115-2114-521-64.11 (Block Grant Special Projects/Computer Equipment). 9. Bid award in the amount of $24,747.00 to Hoover Canvas Products Co. for seat "kill" or cover for certain sections of the tennis stadium seating during the Chris Evert Pro-Celebrity Tennis Classic, with funding from 334-4145-572-63.90 (General Construction Fund - Tennis Center). -5- Regular Commission Meeting September 15, 1998 10. Purchase award in the total amount of $18,787.87 to J.C. White Office Furniture, via Florida State Contract, for replacement office furniture in the Juvenile Investigations Divisicn and Crimes Against Persons Division at Police Headquarters, with funding in the amount of $12,318.40 from 001-2115-521-51.20 (Police Investigation/Office Equipment) and $6,469.47 from 001-2115-521-64.10 (Police Investigation/Office Furniture & Fixtures). 9. Regular Agenda: A. ACCEPTANCE OF RIGHT-OF-WAY EASEMENT AGREEMENT FOR FORMANO PROPERTIES AND WITHDRAWAL OF APPEAL: Consider acceptance of an easement agreement to resolve the right-of-way issue, and withdraw the appeal of SPRAB's action to approve the Class III site plan modification, landscape plan and architectural elevations associated with the renovation of an existing commercial building and construction of an off-site parking lot for Formano Properties, specifically as to the dedication of right-of-way. The subject property is located on N.E. 4th Avenue, between N.E. 2nd and 3rd Streets. B. CONDITIONAL USE REQUEST/VILLAS DELRAY: Consider a request for conditional use approval to establish a residential density in excess of 30 units/acre within the Central Business District (CBD) for Villas Delray, a proposed mixed use development. The subject property is located at the southeast corner of N.E. 4th Avenue and N.E. 1st Street. QUASI-JUDICIAL PROCEEDING C. CONDITIONAL USE REQUEST/PRESIDENTIAL AUTO LEASING & SALES: Consider a request for conditional use approval to establish a full service vehicle repair facility in conjunction with Presidential Auto Leasing & Sales, Inc. The subject property is located at the southeast corner of South Federal Highway and Avenue "L" (former Delray Isuzu dealership) and is zoned AC (Automotive Commercial). QUASI-JUDICIAL PROCEEDING D. CONDITIONAL USE REQUEST/LLOYD HASNER DELRAY OFFICE: Consider a request for conditional use approval to allow two mixed use developments (each composed of two apartment units and office use), and to allow the owner the ability to lease the commercial and residential spaces to parties that are not the owners nor proprietors or employees of the business, for Lloyd Hasher Delray Office. The subject property is located on the south side of Martin Luther King, Jr. Boulevard (N.W. 2nd Street), between Swinton Avenue and N.W. 1st Avenue and is zoned Old School Square Historic Arts District (OSSHAD). QUASI-JUDICIAL PROCEEDING E. REQUEST FOR USE OF FUNDS/SPADY HOUSE: Consider a request from EPOCH for allocation of the balance of the planning funds ($5,000) to assist with the expenses in the initial stages of the renovation of the Spady House. -6- Regular Commission Meeting September 15, 1998 F. REQUEST FOR SUPPORT/SPEED RESTRICTIONS ON INTRACOASTAL WATERWAY SOUTH OF THE LINTON BRIDGE: Consider a request from Maureen Turner concerning City support for the imposition of speed restrictions on the Intracoastal Waterway south of the Linton Boulevard bridge. G. SPECIAL EVENT REQUEST/10TH ANNUAL VISIONS OF PERFECT HARMONY FESTIVAL: Consider a request from the Peach Umbrella Plaza Association for special event approval for the 10th Annual Visions of Perfect Harmony Festival to be held on October 2-3, 1998, including use of the Tennis Center, the small stage and barricades at no charge. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request from the Joint Venture for special event approval for the Art & Jazz scheduled for October 22, 1998, including temporary use permits for street closures, staff support, use of City equipment, and specified overtime costs. I. SPECIAL EVENT REQUEST/11TH ANNUAL HARVEST FEST: Consider a request from the Chamber of Commerce for special event approval for the llth Annual Harvest Fest to be held on November 14-15, 1998, including a temporary use permit for the closure of Atlantic Avenue from the Intracoastal Waterway to A1A, allow event signage more than one week in advance, staff support and 50/50 overtime cost split. J. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Consider a request from the Chamber of Commerce on behalf of the Delray Beach Jaycees for special event approval for the Annual Holiday Pageant Parage to be held on December 12, 1998, including temporary use permit, staff support, and consideration of a partial waiver of overtime costs. K. SPECIAL EVENT REQUEST/ATLANTIC AVENUE WINE & BREWERY FESTIVAL: Consider a request from the American Lung Association of Southeast Florida for special event approval for the Atlantic Avenue Wine & Brewery Festival to be held on January 20, 1999, including a temporary use permit for use of sidewalks along Atlantic Avenue, allow event signage more than one week in advance, and staff support as needed with the event sponsor to cover any overtime costs. L. RESOLUTION NO. 56-98: Consider approval of a resolution authorizing the issuance of Utilities Tax Revenue Bonds, Subordinate Series 1998, in an amount not to exceed $350,000.00 for the purpose of financing the improvements and renovations to the Lakeview Golf Course clubhouse; and approve and authorize the execution of a Line of Credit Agreement with SunTrust Bank, South Florida, N.A. as the vehicle by which the bonds are to be issued and the project financed. M. BID AWARD FOR RENOVATION OF THE RECORDS STORAGE FACILITY: Consider approval of a bid award in the amount of $20,460.00 to -7- Regular Commission Meeting September 15, 1998 Republic Construction & Development Corp. as the lowest responsive bidder (second low bid) for the construction of interior renovations at the Records Storage Facility, with funding from 334-6112-519-62.24 (General Construction Fund - Renovations Records Storage Building). N. BID AWARD FOR LANDSCAPE MAINTENANCE (ATLANTIC HIGH SCHOOL MULTI-PURPOSE FIELDS): Consider approval of a bid award in the estimated annual amount of $45,450.00 to Haverland Blackrock Corp. as the lowest responsive bidder (third iow bid) for landscape maintenance of the multi-purpose fields at Atlantic High School, with funding from 001-4131-572-34.90 (Parks Maintenance/Other Contractual Services). O. REVIEW OF PEDI-CAB OPERATION: Consider a report from the Police Department concerning the pedi-cab service which has been operating in the East Atlantic Avenue for the past six months. P. SETTLEMENT/DOBARD V. CITY OF DELRAY BEACH, ET AL: Consider settlement of the referenced matter as recommended by the City Attorney. Q. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD= Appoint a member to the Historic Preservation Board for a two year term ending August 31, 2000. The appointment will be made by Commissioner Ellingsworth. R. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two alternate members to the Board of Adjustment to fill unexpired terms ending August 31, 1999. The appointments will be made by Commissioner Schmidt and Commissioner Egan. S. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS: Appoint a member (real estate/insurance position) to the Board of Construction Appeals for a two year term ending August 31, 2000. The appointment will be made by Commissioner Ellingsworth. T. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a member to the Downtown Development Authority for a three year term ending July 1, 2001. The appointment will be made by Mayor Alperin. U. APPOINTMENT TO THE EDUCATION BOARD: Appoint one regular member to the Education Board for a two year term ending July 31, 2000. The appointment will be made by Commissioner Ellingsworth. 10. Public Hearings: A. RESOLUTION NO. 53-98: A resolution tentatively levying a tax on all properties within the City of Delray Beach for Regular Commission Meeting September 15, 1998 maintenance and operation, and for payment of principal and interest on bonded indebtedness, for FY 1999. B. RESOLUTION NO. 54-98: A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 1999. C. RESOLUTION NO. 55-98: A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 1998 through September 30, 1999. D. ORDINANCE NO. 32-98: An ordinance rezoning Lots 262 and 263, Tropic Palms Plat No. 1, from R-1AA (Single Family Residential) District to OSR (Open Space and Recreation) District in conjunction with the Leon M. Weekes Environmental Preserve improvements. The subject property is located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road. 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. 33-98: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for new and increased residential service, multi-family and commercial collection services rates for FY 1999. If passed, a public hearing will be scheduled for September 22, 1998. B. ORDINANCE NO. 34-98: An ordinance providing for a small scale Future Land Use Map amendment from CF-C (Community Facilities-Churches) to Transitional, and rezoning from CF (Community Facilities) to POD (Professional Office District), for the WDBF Radio Station property located on the south side of West Atlantic Avenue, east of Homewood Boulevard. If passed, a quasi-judicial public hearing will be scheduled for October 6, 1998. C. ORDINANCE NO. 35-98: An ordinance rezoning a parcel of land (former Miller Dodge site) from SAD (Special Activities District) to AC (Automotive Commercial) District to accommodate Delray Kawasaki. The subject property is located on the west side of North Federal Highway, approximately 120 feet north of Allen Avenue. If passed, a quasi-judicial public hearing will be scheduled for October 6, 1998. -9- Regular Commission Meeting September 15, 1998 D. ORDINANCE NO. 36-98: An ordinance amending LDR Section 2.4.3(E), "Traffic Statements and Studies", by enacting a new subparagraph 2.4.3(E) (3) to provide that land use applications that will result in the addition of more than 50 employees on premises located in the City's Transportation Concurrency Exception Area shall include a program to implement employer-based transportation demand management activities. If passed, a public hearing will be scheduled for October 6, 1998. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -10- ..~ >' WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did " . ordain and establish the Constitution of the United States of ' America; and WHEREAS, it is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to support, preserve and defend it against all encroachment; and WHEREAS, the two hundred eleventh anniversary of the framing of the Constitution provides an opportunity to accord official recognition to this magnificient document and reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves; and WHEREAS, it is incumbent upon all Americans to vigilantly protect the freedoms guaranteed to us through this guardian of our liberties, remembering the sacrifices made to secure these freedoms and that lost rights may never be regained; and WHEREAS, the freedoms guaranteed to American citizens, whether by birth or naturalization, should be celebrated by appropriate ceremonies and activities during Constitution Week, as designated by proclamation of the President of the United States of America in accordance with Public Law 915. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim September 17th through September 23, 1998, as CONSTITUTiON WEEK in the City of Delray Beach, Florida, and urge all citizens to study the Constitution and reflect on the many benefits of our Federal Constitution and American citizenship. Consider the Preamble ... · WE, the People of the United States, in order to form a more perfect union, establish Justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America." 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 15th day of September, 1998. MAYOR JAY ALPERIN SEAL JONATHAN DICKINSON CHAPTER DELRAY BEACH, FLORIDA DAUGHTERS OF THE AMERICAN REVOLUTION August 13, 1998 Each year, the President of the United States proclaims the week of September 17th through 23rd as Constitution Week. This year we are priviledged to commemorate the 21 lth anniversary of the signing of our Constitution. We hope that you will help us celebrate this important event by also, as a local government, proclaiming September 17th through 23rd as Constitution Week. Enclosed is a sample proclamation that you might find helpful. Please let me know if you would like for me to pick up the proclamation or you may mail if you like. Thank you very much for your cooperation and taking the time to process the proclamation. Sincerely, RECENED Debra Brenner Regent w-561-274-9020 h-561-265-2444 2522 Ave au Soleil Delray Beach, Florida 33483 WHEREAS, the Delray Beach community takes great pride in the natural beauty of its City and supports a clean and safe environment where the citizenry and business community can coexist; and WHEREAS, pollution prevention, also known as source reduction, is a progressive approach that eliminates or reduces pollution at its source; and WHEREAS, pollution prevention is the most environmentally sound method of protecting our natural resources; and WHEREAS, by focusing on rigorous pollution prevention, the City of Delray Beach can meet the challenge of having both a healthy community and business environment for its citizens; and WHEREAS, the City of Detray Beach is committed to practicing many forms of pollution prevention such as: · Promoting cleaner air through the purchase of ten new vehicles powered by compressed natural gas; · Recycling paper, plastic and aluminum cans; · Installing an energy efficient air conditioning system in City Hall; · Utilizing water-based cleaners in fleet maintenance and environmentally friendly paints for striping streets; · Street sweeping program throughout the City; · Purchasing energy efficient computers and office support equipment; · Reclaiming wastewater; · Construction of stormwater retention areas; · Automated 24 hour monitoring of the waste water system; · Compliance with National Pollutant Discharge Elimination System (NPDES); · Industrial pretreatment, monitoring and regulation of industrial discharge into the sewer system; · Conserving energy and water by utilizing computerized irrigation systems. WHEREAS, recognizing Pollution Prevention Week is an opportunity for government to join forces with business, industry, environmental groups, community organizations and the citizenry at large to work toward a prosperous and sustainable future. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim September 21st thru September 27, 1998, as POLLUTION PREVENTION WHEK in Delray Beach and encourage all citizens to join in this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of September, 1998. MAYOR JAY ALPERIN WHEREAS, the Delray Beach Lifeguard Competition Team competed in the National Lifeguard Competition in Chicago, Illinois on August 7 and 8, 1998; and WHEREAS, 28 teams competed coming from across the United States and from foreign countries including Japan and Australia; and WHEREAS, the Delray Beach Lifeguard Competition Team participated in the following United States Lifesaving Association National Lifeguard Championship events: Surf Swim, Surf Rescue, Land Line Rescue, Paddleboard Rescue, International Ironman, 800 Meter Paddle, Surf Ski, Beach Flags, Run-Swim-Run, International Ironman and Two Mile Beach Run; and WHEREAS, the Delray Beach Lifeguard Competition Team defeated all other teams and brought home the Gold Medal in the 800 Meter Women's Paddle placing the Team in seventh place overall in the Championships; and WHEREAS, the involvement and achievements of the Delray Beach Lifeguard Competition Team in this national competition have generated much civic and community pride. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend Gold Medal winner Heather Hansen, Ocean Lifeguard EMT, and also recognize the following for superior achievement Fred Burwell Frank Richter Patricia Daymon Lance Seller Tom Hemenway Regis Smeltz Mark Henkle Tom Swift Jen Koss Brent Tracy James McLaughlin Chris Wiley for their representation of the City of Delray Beach and offer them congratulations on a job well done in the 1998 USLA National Lifeguard Championships. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 15th day of September, 1998. MAYOR JAY ALPERIN SEAL Agenda Item No.: b~ AGENDA REQUEST Date: September 4, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 15, 1998 Description of agenda item (who, what, where, how much): Request issuin§ a Proclamation sinned by the Mayor honorin§ Ocean Rescue competition team that participated in the 1~98 USLA National Lifeguard Championships in ChicaKo, Illinois August 7 and 8. 1998. ORDI~A%I~CE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Issue Proclamation. Determination of Consistency wi~hIComprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved WHEREAS, the Delray Beach Lifeguard Competition Team competed in the National Lifeguard Competition in Chicago, Illinois on August 7 and 8, 1998; and, WHEREAS, 28 teams competed from across the United States and from foreign countries including Japan and Australia; mad, WHEREAS, the Delray Beach Lifeguard Competition Team participated in the following United States Lifesaving Association National Lifeguard Championship events: Surf Swim, Surf Rescue, Land Line Rescue, Paddleboard Rescue, International Ironman, 800 Meter Paddle, Surf Ski, Beach Flags, Run-Swim-Run, International Ironman and Two Mile Beach Run; and, WHEREAS, the Delray Beach Lifeguard Competition Team defeated all other teams and brought home the Gold Medal in the 800 Meter Women's Paddle placing the Team in seventh place overall in the Championships; and, WHEREAS, the involvement and achievements of the Delray Beach Lifeguard Competition Team in this national competition have generated much civic and community pride, NOW, THEREFORE, I, JAY ALPERIN, Mayor of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize third year defending champion Gold Medal Winner [leather [lansen, Ocean Lifeguard EMT, and also recognize the following for superior achievement: Tom [lemenway, Brent Traey, Fred Burwell, Frank Richter, James McLaughlin, Lance Seiler, Mark [lenkle, Regis Smeitz, Patricia Daymon, Tom Swift, Chris Wiley, and Jen Koss for their representation of the City of Delray Beach and offer them congratulations on a job well done in the 1998 USLA National Lifeguard Championships. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 15th day of September, 1998. MAYOR Jay Alperin, DDS GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 80801 312/977-9700 · Fax: 312/977-4806 July 31, 1998 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Harden: I am pleased to notify you that the City of Delray Beach, Florida has received the Distinguished Budget Presentation Award for the current year, from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Regina Frazier, Budget Administrator We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program. Through your example, we hope that other entities will be encouraged to achieve excellence in budgeting. Sincerely, Jeffrey L. Esser Executive Director JLE/af Enclosure WASHINGTON OFFICE 750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 · Fax: 202/429-2755 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 July 31, 1998 312/977-9700 · Fax: 312/977-4806 PRESS RELEASE For Further Information Contact RELEASE IMMEDIATELY Stephen J. Gauthier (312) 977-9700 Chicago--The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that the City of Delray Beach, Florida has received the GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: · a policy document · a financial plan · an operations guide · a communication device Budget documents must be rated "proficient" in all four categories to receive the award. When a Distinguished Budget Presentation award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Regina Frazier, Budget Administrator. Since the inception of the GFOA's Distinguished Budget Presentation Awards Program in 1984, approximately 700 entities have received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 12,650 government finance professionals throughout North America. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 · Fax: 202/429-2755 ~ "Proflram oft[ie ,Leaflue, sponsored by Company. 2~ational Civic tt e ,¢dlstate Insurance Ail-America City August 14, 1998 Ms. Lula Butler Director, Community Improvement City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL Dear Lula: Enclosed is the official plaque commemorating Delray Beach's selection as a 1998 All-America City Finalist. We at the National Civic League and Allstate are very proud of the work that your community has accomplished and of the presentation your delegation made in Mobile, Alabama. As a Finalist, you will soon be receiving an evaluation of your application and presentation to the Jury. We hope that you will consider applying again because we firmly believe you have demonstrated excellence in community problem solving, or Delray Beach would not have been invited to the competition in June. Please know that our staff is available to assist you in any way, whether it be with a new application for All-America City, with professional facilitation, charter revisions, or sticky political issues. Again, congratulations! It has been a pleasure working with you. Sincerely, Carole R. Bloom Director All-America City Award Program 1445 MARKET STREET, SUITE 300, DENVER, CO 80202-1717 · (303) 571-4343 · FAX: 571-4404 Agenda Item No.: AGENDA REQUEST Date: September 1, 1998 Request to be placed on: x 4~ Agenda Special Agenda Workshop Agenda When: 9/] 5/9R Description of agenda item (who., what, where, how much): Approve financin_~ of 60 golf r~rts for Lo_kevicw Cc!f Cour'$e in th= p,iLLcipal amoun~ of $177.Q~_ a ~:11 .... ~ $~ man .... ~l~Olo, and a germ of 48 ............... ,~, a .... of 4.' month.~. Approve financing ^~ on __~= - ~ ~ s ...... ~ fo~ th~ i-iunicipai Golf ~ourse in the ........... ~,~, = i-a~= of 4.501~A, and a term o~ 4S months. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approve the above. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving etp. en~J_t_u/re of funds): C~([ }(~g ' ~ % Funding available: ~4~,v,~y,~-~.~.n~ Funding alternatives: ....... ~=u Equip Lease {if applicable) ~<~6~> Account No. & Description: ~,/,% /,7IR K79 /./. On Equip Account Balance: City Manager Review: Approved for agenda: ~ NO ~/Hold Until: Agenda Coordinator Review: Received: Ac t ion: Approved/Di s approved MEMORANDUM To: City Commission From: David T. Harden, City Uanager~/~,// Subject: Financing for Club Car Golf Carts for the Municipal Golf Course and at Lakeview Golf Course Date: September 8, 1998 The Finance Department received bids from three banks for the financing of Club Car golf carts in addition to bids provided by the vendor. The bid for carts to be used at Lakeview Golf Course is based on a principal amount of $177,900, a balloon of $51,000, and a term of 48 months. The bid for the carts at the Municipal Golf Course is based on a principal amount of $106,800, straight amortization and a term of 48 months. It should be noted that the principal amount borrowed for the carts at the Municipal Golf Course is less due to a trade-in allowance of $130,400 and that the purchase price per golf cart is the same for both the Municipal Golf Course and Lakeview at $2,965. We recommend that 60 golf carts for Lakeview Golf Course as well as 80 golf carts for the Municipal Golf Course be financed through SunTrust, the Iow bidder, at rates of 4.4743% and 4.5019%, respectively. c: R. S. O'Connor, Treasurer MEMORANDUM TO: David T. Harden City Manager From: Joseph M. ~ Director of Subject: Financing for Club Car Golf Carts for the Municipal Golf Course and at Lakeview Golf Course Date: September 8, 1998 We asked three banks to bid on the financing of Club Car golf carts in addition to bids provided by the vendor. The bid for Lakeview Golf Course is based on a principal amount of $177,900, a balloon of $51,000, and a term of 48 months. The bid for the Muncipal Golf Course is based on a principal amount of $106,800, straight amortization, and a term of 48 months. The bids were as follows: Club Car NationsBank SunTrust Republic Lakeview 5.7700% 4.9000% 4.4743% NO BI D Golf Course Municipal 5.9200% 4.9000% 4.5019% NO BID Golf Course Based on the above, we recommend that 60 golf carts for Lakeview Golf Course as well as 80 golf carts for the Municipal Golf Course be financed through SunTrust at rates of 4.4743% and 4.5019%, respectively. c: R.S. O'Connor, Treasurer file: lease/golfcart September 21, 1998 The City Commission of the , City of Delray Beach, Florida Delray Beach, Florida SunTrust Bank, Central Florida National Association Orlando, Florida I am the City Attorney for the City of Delray Beach, Florida (the "Lessee) in connection with the issuance by the Lessee of a lease obligation, pursuant to the Constitution and laws of the State of Florida, and all other applicable provisions of law. The lease obligation of the Lessee is created pursuant to a Master Lease-Purchase Agreement (the "Lease-Purchase Agreement") between the Lessee and SunTrust Bank, Central Florida, National Association (the "Bank)), as lessor, dated as of January 24, 1997 whereby Lessee agrees to make rental payments to the Bank during the Lessee's current' budget year and subsequent budget years for which funds have been budgeted and appropriated for that purpose, shall be referred to hereinafter as the "Lease Obligation." In connection with this opinion, I have examined the Lease-Purchase Agreement, and such other documents, certificates, and proofs as I have deemed necessary for the purposes hereof. Based thereon, I am of the opinion: 1. The Lessee is a duly organized and validly existing as a municipal corporation of the State of Florida with the power to adopt and perform the Lease Obligation. 2. The Lease-Purchase Agreement has been duly authorized, executed and delivered by the Lessee and, assuming due authorization, execution and delivery by the other parties thereto, constitute legal, valid and binding obligations of the Lessee. 3. The Lease Obligation is a valid and binding obligation of the Lessee payable solely from funds budgeted and appropriated for that purpose during the Lessee's then current budget year. The Lease Obligation constitutes a current expense of the Lessee and does not constitute a debt of the Lessee in contravention of any applicable constitutional, statutory or charter limitations or requirements concerning the creation of indebtedness. Neither the faith and credit of the Lessee nor the State of Florida is pledged in payment of the Lease Obligation. 4. No fudher approval, consent, or authorization of, or filing with any governmental or public body or agency is required in connection with the Lessee's issuance of the Lease Obligation and the execution and delivery of the Lease-Purchase Agreement and the performance of its obligations thereunder. 5. The execution, delivery, and performance by the Lessee of the Lease- Purchase Agreement does not conflict with or constitute a breach of or default under any existing law, administrative regulation, court decree, resolution, or agreement to which the Lessee is subject as of the date of closing. 6. To the best of my knowledge after due inquiry, no litigation or other proceedings are pending or threatened in any court or other tribunal of competent jurisdiction, state or federal, in any way, (1) to restrain or enjoin the execution of the Lease-Purchase Agreement or the incurrence of the Lease Obligation; or (2) questioning or affecting the validity of the Lease-Purchase Agreement, or sources of payment of the Lease Obligation; or (3) questioning or affecting the validity of any of the proceedings for the authorization, execution, registration, issuance, or delivery of the Lease-Purchase Agreement, or the incurrence of the Lease Obligation or the acquisition of the Equipment (as defined in the Lease-Purchase Agreement); or (4) questioning or affecting the organization or existence of the Lessee or the title to office of any member of the Lessee; or (5) which, if adversely determined, would adversely affect the ability or capacity of the Lessee to perform its obligations under the Lease-Purchase Agreement. 7. To the best of my knowledge any and all applicable public bidding requirements have been met with respect to the execution and delivery of the Lease- Purchase Agreement. 8. The Lessee is exempt from all personal property taxes and is exempt from sales and/or use taxes with respect to the transactions contemplated by the Lease- Purchase Agreement. 9. I have no knowledge of any legislation adopted by the prior or current session of the Florida Legislature that restricts or otherwise adversely affects the Lessee's power to issue the Lease Obligation or its ability to pay the rent payments due thereunder. It is to be understood that the rights of the holders of the Lease Obligation, and the enforceability of the Lease-Purchase Agreement, may be subject to the exercise of judicial discretion in accordance with general principles of equity, to the valid exercise of the sovereign police powers of the State of Florida, and of the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditor's rights heretofore or hereafter enacted. Respectively submitted, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA By: Susan A. Ruby, Esq. City Attorney OFFICERS' CERTIFICATE We, the undersigned officers of the City of Delray Beach, Florida (the "Lessee"), in connection with the lease-financing of certain equipment pursuant to the terms of the Master Lease-Purchase Agreement dated as of January 24, 1997, as supplemented by a Schedule of Terms B, an Amortization Schedule B, a Description of Equipment B, each dated as of September 21, 1998 (the "Lease"), between the Lessee and SunTrust Bank, Central Florida, National Association (the "Lessor"), DO HEREBY CERTIFY: (1) Alison MacGregor Harty is the duly appointed, qualified and acting City Clerk of the Lessee, and Jay Alperin is the duly elected, qualified and acting Mayor of the Lessee. Joseph M. Safford is the duly appointed and acting Finance Director of the Lessee. (2) Each of the above persons have duly filed their oaths of office and such of them as are required by law to file bonds or undertakings have duly filed such bonds or undertakings in the amount and manner required by law. (3) The undersigned Mayor and City Clerk hereby certify that they executed and attested, respectively, the Schedule of Terms B, the Amortization Schedule B, the Description of Equipment B, each dated as of September 21, 1998, and certain other documents relating thereto (the "Lease Documents"). (4) Those Officers who executed the Lease Documents were and are the duly chosen, qualified and acting officers authorized to execute the Lease Documents. The signatures that appear on this certificate are the authentic signatures of the City Clerk and the Mayor, each of whom is duly authorized to execute and deliver the Lease Documents and any and all documents and certificates required in connection therewith or necessary or appropriate to carry out the intent thereof. (5) The Lessee has sufficient moneys available to pay all rental payments owing under the Lease with respect to the equipment set forth in the Lease Documents (the "Rent Payments") coming due during the current budget year of the Lessee, such moneys having been properly budgeted and appropriated for that purpose in accordance with the laws of the State of Florida (the State); such moneys will be applied in payment of all Rent Payments due and payable during such current budget year; the Lessee expects and anticipates adequate funds to be available, budgeted and appropriated in future years to make all future Rent Payments throughout the maximum term of the Lease. (6) The lease of the Equipment (as described in the Description of EquipmenO is essential to the governmental functions of the Lessee, and the Lessee has an immediate need for the Equipment which is not temporary or expected to diminish during the maximum term of the Lease. (7) The Equipment will be used by the Lessee for the purpose of performing one or more of the Lessee's governmental functions consistent with the permissible scope of the Lessee's authority. (8) The Lessee has obtained, or will obtain as the Equipment is acquired, from a reputable insurance company qualified to do business in the State, insurance with respect to all risks required to be covered thereby pursuant to the Lease; or the Lessee has or shall self-insure with the prior written consent from the Bank as provided in the Lease. (9) The interest rate establishing the interest portion of the Rent Payments, on the first date such interest begins to accrue, does not exceed a rate of interest permitted by Section 215.84, Florida Statutes (1995). -I- M :\WPF I LES',MUN IXI~ELRAYB E~B\OFFICER.WP D (REV.022798) (10) This Section 10 sets forth facts and estimates upon which the Lessor and its counsel may rely in reaching an opinion regarding the exclusion of the interest portion on the Rent Payments from the gross income the Lessor, and the facts and estimates upon which the Lessee bases its reasonable expectation that the obligation to make Rent Payments pursuant to the Lease (hereinafter, the "Lease Obligation") does not create an arbitrage bond under Section 148 of the Intemal Revenue Code of 1986, as amended (the "Code"), and applicable Treasury Regulations: , (a) The Lessee has not accumulated nor does it expect to accumulate amounts of money in a fund to pay or to be held as security for the payment of principal of or interest on the Lease Obligation. (b) No portion of the proceeds of the Lease Obligation will be used as a substitute for other funds which were otherwise to be used for the same purposes and which funds will be used to acquire directly or indirectly obligations producing a yield in excess of the yield on the Lease Obligation. (c) There are no other obligations of the Lessee which (i) are being issued within 15 days prior to or after the date of the Lease Obligation, (ii) are sold pursuant to a common plan of financing together with the Lease Obligation, and (iii) will be paid out of substantially the same source of funds (or will have substantially the same claim to be paid out of substantially the same source of funds) as the Lease Obligation. (d) The Lessor has agreed to purchase the Lease Obligation for outstanding principal amount thereof. No fee will be paid to any person acting as an underwriter for the Lease Obligation. (e) The Lease does not create a "hedge bond" as defined in Section 149(g) of the Code, in that at least 85 percent of the proceeds of the Lease Obligation will be expended to carry out the governmental purpose of the issue within three years from the date of issuance of the Lease, and not more than 50 percent of the proceeds will be invested in nonpurpose investments (as defined in Section 148(e)(6)(A)of the Code) having a substantially guaranteed yield for four (4) years or more. (f) The Equipment has not been and is not expected to be sold or otherwise disposed of in whole or in part prior to the expiration of the maximum lease term. (g) The proceeds of the Lease Obligation ($177,900.00) will be deposited into an Equipment Acquisition Fund created by Lessee. The proceeds of the Lease Obligation, together with the investment eamings thereon, will be used to pay the cost of the equipment from the vendors thereof (the "Project"). It is reasonably expected that (i) at least 85% of the proceeds of the Lease Obligation will be allocated to expenditures on the Project by the end of three years from the date of issuance thereof, (ii) within 6 months of the issuance date of the Lease Obligation, the Lessee will incur a substantial binding obligation to a third party to e~pend at least 5% of the proceeds thereof on the Project, and (iii) completion of the Project and the allocation of the proceeds to expenditures with respect to the Project will proceed with due diligence. (h) The Lessee expects that (i) less than 10% of the proceeds of the Lease Obligation will be used for any private business use as defined in Section 141 of the Code, and (ii) less than 5% of the proceeds of the Lease obligation will be used for the private business use which is not related to a governmental use of the proceeds, or which is a disproportionate related business use within the meaning of Section 141 of the Code. It is understood that such limitation will not apply unless more than 10% (with respect to clause (i)) or more that 5% (with respect to clause (ii)) of the Lease Obligation is directly or indirectly (including under the terms of any underlying arrangement) secured by any interest in (1) property used or to be used for a private business use, or (2) payments in respect of such property, or are to be derived -2- M :\WPF I LES'aM UNBDELRAYB EXB\OFFICER.WPD (REV.022798) from payments (whether or not to the Lessee) in respect of such property, or borrowed money, used or to be used for a private business use, as provided in Section 141 of the Code. (11) No approval, consent or authorization of any governmental or public agency not already obtained is required in connection with the Lessee's participation in the transactions contemplated by the Lease, or the performance of its obligations thereunder. . (12) The Lessee does hereby designate the Lease Obligation as a "qualified tax-exempt obligation" within the provisions of Section 265 of the Internal Revenue Code of 1986. The Lessee does not reasonably anticipate issuing more that $10,000,000 of tax-exempt obligations (including those obligations of any entities controlled by the Lessee), including the Lease Obligation during the current calendar year. (13) To the best knowledge and belief of the undersigned officers, there are no other facts, estimates or circumstances that would materially change the conclusions and representations set forth in the certificate and the expectations hereinabove set forth are reasonable. WITNESS our hands and the seal of the Lessee this day of__., 1998. City of Delray Beach, Florida (SEA[) Jay Alperin Mayor ATTEST: Alison MacGregor Harty City Clerk Approved by Lessee's Attorney as to form and correctness: By: City Attorney -3- M :\WPF1LESkMUIqlX,DELRAYB EkB\OFF ICER.WP D (REV.022798) SCHEDULE OF TERMS B THIS SCHEDULE OF TERMS B, dated as of September 21,1998, is executed and delivered pursuant to that certain Master Lease-Purchase Agreement (the "Lease") dated as of January 24, 1997, between SunTrust Bank, Central Florida, National Association ("Lessor"), 200 South Orange Avenue, Orlando, FL 32801, Attention: Leasing Department, and the City of Delray Beach, Florida ("Lessee"), 100 N. W. 1st Avenue, Delray Beach, FL 33444, Attention: Finance Director. ' Equipment Cost: $177,900.00 Number of Payments: Forty-nine (49) Frequency of Payments: Monthly in Advance Payment Due Date: Commencing September 21, 1998; Monthly thereafter on each and every 21st to and including September 21, 2002. Interest Rate: 4.4743% Rental: Payment Amount: Forty-eight (48) at $ 3,071.00 One (1) at $ 51,000.00 Deferred Interest to Termination Date: $ 20,508.07 Total Rental $ 198,408.07 Current Maximum Corporate Income Tax Rate: 35% Budgetary Period: October 1 through September 30 Late Payments: There will be a charge of 1.5% per month or the highest legal rate allowed on the amount of any Rent Payment which remains unpaid for ten (10) days after the due date. Insurance: The insurance required pursuant to the Lease shall include, but is not limited to, the following types and amounts of coverage: A. PHYSICAL DAMAGE to all vehicles(s) leased under this Schedule; (1) Scope of Coverage: Comprehensive and collision coverage (2) Limits of Coverage: not less than the greater of the full replacement value of the Vehicles or the installments of rent then remaining unpaid hereunder immediately prior to the physical damage of each Vehicle leased hereunder (3) Deductible: not more than $1,000.00 per occurrence; Lessee is liable for all deductible amounts B. MOTOR VEHICLE LIABILITY: (1) Scope of Coverage: Liability coverage including, but not limited to bodily injury, death, property damage; contractual liability and personal injury (2) Limits of Coverage: Minimum liability coverages in the following amounts must be provided; $100,000 per occurrence/S300,000 aggregate per occurrence/$100,000 property damage -1- M:\WPFILES~MUNIYDELRAYBE\B~SCHEDULE.WPD(REV.022798) C. PERSONAL PROPERTY coverage to all equipment leased under this Schedule: (1) Scope of Coverage: All risk, including but not limited, to flood damage if the property is located in a flood plain area as defined by applicable government authority (2) Limits of Coverage: not less than the greater of the full replacement value of the Equipment or the installments of rent then remaining unpaid hereunder immediately prior to the physical damage of each item of Equipment leased hereunder (3) Deductible: not more than $1,000.00 per occurence; Lessee is liable for all deductible amounts D. COMPREHENSIVE GENERAL LIABILITY: (1) Scope of Coverage: Comprehensive General Liability coverage: including, but not limited to bodily injury, death, and property damage, contractual liability and personal injury; (2) Limits of Coverage: Minimum liability coverages in the following amounts must be provided; $250,000 per occurrence/S500,000 aggregate per occurrenee/$100,000 property damage E. LOSS PAYEE: Lessor must be named as loss payee and additionally Insured on physical damage insurance. F. SELF-INSURANCE: In the event Lessee is self-insured for the purpose of physical damage coverage, a Statement of Self-Insurance will be provided. Dated this day of ., 1998. LESSOR: LESSEE: SunTrust Bank, Central Florida, National Association City of Delray Beach, Florida Col~-~y L. Burbank, III ~"--"'~"' Jay Alperin First Vice President Mayor Approved by Lessee's Attorney as to form and correctness: By: City Attorney -2- M:\WPFILESkMUNl'xDELRAYBE'xB\SCHEDULE.WPD(REV.022798) AMORTIZATION SCHEDULE B Payment Balance After Payment Payment Dat~ Amou~l Intere$g Princi0al CPreoavment Prie~} * Sep-21-98 3,071.00 0.00 3,071.00 174,829.00 Oct-21-98 3,071.00 651.86 2,419.14 172.409.86 Nov-21-98 3,071.00 642.84 2,428.16 169,981.70 Dec-21-98 3,071.00 633.79 2,437.21 167,544.49 12,284.01 1,928.50 10,355.51 ,~an-21-99 3,071.00 624.70 2,446.30 165,098.20 Feb-21-99 3.071.00 615.58 2,455.42 162.642.78 Mar-21-99 3,071.00 606.43 2,464.57 160,178.20 Apr-21-99 3,071.00 597.24 2,473.76 157,704.44 May-21-99 3,071.00 588.01 2,482.99 155,221.45 Jun-21-99 3,071.00 578,76 2,492.25 152.729.21 Jul-21-99 3.07 ! .00 569.46 2,501.54 150,227.67 Aug-21-99 3.071.00 560.14 2,510.87 147.716.80 Sep-21-99 3,071.00 550.77 2,520.23 145,196.58 Oct-21-99 3.071.00 541.38 2,529.62 142,666.95 Nov-21-99 3.071.00 531.95 2,539.06 140.127.90 D¢¢-21-99 3.071.00 522.48 2,548.52 137,579.37 36.852.02 6.886.90 29,965.12 Jan-21-00 3,071.00 512.98 2.558.03 135,021.35 Feb-21-00 3,071.00 503.44 2,567.56 132.453.78 Mar-21-00 3.071.00 493.86 2.577.14 129,876,65 Apr-21-00 3,071.00 484.26 2,586.75 127,289,90 May-21-00 3.071.00 474.61 2,596.39 124,693.5 I Jun-21-00 3.07 !.00 464.93 2.606.07 122,087.44 Jul-21-00 3.071.00 455.21 2,615.79 119,471.65 Au$-21-00 3.071.00 445,46 2,625.54 116,846.1 I Sep-21-00 3.071.00 435,67 2,635.33 114.210,78 Oct-21-00 3,071.00 425,84 2.645.16 I I 1,565.62 Nov-21-00 3,071.00 415,98 2.655.02 108,910.60 D¢c-21-00 3,071.00 406.08 2.664.92 106,245.68 36.852.02 5,518.33 31.333.69 Jan-21-01 3.071 00 396.15 2,674.86 103.57083 Fcb-21-0l 3,071.00 386.17 2.684.83 100,886.00 Mar-21-01 3,071,00 376.16 2,694.84 98.191.16 Apr-21-01 3,071.00 366.11 2,704.89 95,486.27 May-21-01 3,071.00 356.03 2.714.97 92,771.30 Jun-21-01 3,071.00 345.91 2,725. I 0 90,046.20 Jul-21-01 3.071.00 335,74 2,735.26 87,310.95 Aug-21-01 3,071.00 325.55 2.745.46 84.565.49 Sep-21-01 3.071.00 31531 2,755.69 81.809.80 Oct-2 I-01 3.071.00 305.03 2.765.97 79,043.83 Nov-21-01 3.071.00 294.72 2,776.28 76,267.55 Dec-21-01 3.071.00 284.37 2.786.63 73,480.92 36.852.02 4.087.25 32.764.76 Page 1 M:\WPF ILES\M UNI'DELRAY B E~L,~.MORT.WPD (REV.052798) AMORTIZATION SCHEDULE B Payment Balance After Payment Payment Date Amount Interest Principal fPr~oavm~nt Price) * Jan-21-02 3.071.00 273.98 2,797.02 70,683.90 Feb-21-02 3,071.00 263.55 2.807,45 67.876.45 Mar-21-02 3.071.00 253.08 2,817.92 65,058.53 Apr-21-02 3.071.00 242.58 2,828.43 62,230. l0 May-21-02 3,071.00 232.03 2,838.97 59,39 I. 13 Jun-21-02 3,071.00 221.44 2,849.56 56,$41.58 Jul-21-02 3.071.00 210.82 2,860,18 53,681,39 Aug-2 ! -02 3,071.00 200.16 2,870. $ 5 50,810.55 Sep-21-02 51,000.00 189.45 50,810.55 0.00 75,568.01 2,087.09 73,480.92 T O T A L 198,408,07 20308,07 177,900,00 *Subject to adjustment.for any payment(s) not received on the applicable Payment Date. This Amortization Schedule B, dated as of September 21, 1998, is delivered pursuant to Section 2 of the Master-Lease-Purchase Agreement, dated as of January 24, 1997, between SunTrust Bank, Central Florida, National Association ("Lessor"), and the City of Defray Beach, Florida, ("Lessee"). Dated this . . day of ,1998. LESSOR: LESSEE: SunTrust Bank, Central Florida, National~sociation City of Delray Beach, Florida A -- Colby L. Burbank, III Jay Alperin First Vice President Mayor Approved by Lessee's Attorney as to form and correcmess: By: City Attorney Page 2 M :\WPFILESLM UNhDELRAYB E\BLa, MORT.WPD (REV.052798) Fo~ 8038-G Information Return for Tax-Exempt Governmental Obligations I~ Under Internal Revenue Code section 149(e) OMB No. 1545-0i'20 (Rev. May 1995) b. See separate Instructions. Oep~'tment o! the Tmasuw (Note: Use Form 8035-GC If the issue price is under $I00,000.) Internal Revenue Service a',~31a! Reporting Authority If Amended Return, check here · I Issuer's name I 2 Iseue. r's employer Identification number City of Delray Beach 159 i 6000308 3 Number and street (or P.O. box if mail is not delivered to street address) I Room/suite 4 Report number 100 N. W. let Avenue ~ . Gl9 - 5 City, town, or post office, state, and ZIP code $ Date of issue Delray Beach, FL 33444 09/21/98 7 Name of issue S CUSIP number Lease-Purchase Agreement None I=~1~ill Type of Issue (check applicable box(es) and enter the issue price) 10 [] Health and hospital (attach schedule-see instructions) .............. 11 [] Transportation ........................... 11111I 12 [] Public safety ............................ 12 13 [] Environment (including sewage bonds) ................... 13 14 [] Housing ............................. 14 15 [] Utilities ............................. 15 16 ~ Other. Describe (see instructions) · Club Cars 17 If obligations are tax or other revenue anticipation bonds, check box · [] 18 If obligations are in the form of a lease or installment sale, check box · [] I'~all! Description of Obligations {d) {el {g) (a} (b) {c) Stated redemption Weighted (f) Net Interest Maturity date Interest rate Issue price price at maturity average maturity Yield co~t 19 Final maturity. N~ NA % NA NA ~ ~ 20 Entire issue.~,,,~~,~--~[177.'900.00 NA ~'n,,r years 4.4742~ NA I'.,%'lmlt,4 Uses of Proceeds of Bond Issue (including underwriters' discount) 21 Proceeds used for accrued interest ..................... I 21 NA 22 Issue price of entire issue (enter amount from line 20, column (c)) ........... ( 22 I NA 23 Proceeds used for bond issuance costs (including underwriters' discount) . I 23 I NA . ~ 24 Proceeds used for credit enhancement . I 24 I NA 25 Proceeds allocated to reasonably required reserve or replacement fund ' I 25 I NA 26 Proceeds used to currently refund prior issues ' ' I 26 I NA 27 Proceeds used to advance refund prior issues ........ I 27 I NA .~,~,_~ 28 Total (add lines 23 through 27) ...... i i i i i i i i i .' ....... I~1 29 Nonrefunding proceeds of the issue {subtract line 28 from line 22 and enter amount here). . . I 29. I NA I'.Z~,a Description of RefUnded Bonds (Complete this part only for refunding bonds.) 30 Enter the remaining weighted average maturity of the bonds to be currently refunded . · NA years 31 Enter the remaining weighted average maturity of the bonds to be advance refunded . · NA years 32 Enter the last date on which the refunded bonds will be called ........... · NA 33 Enter the date{s/ the refunded bonds were issued · NA I-=m~m,ja Miscellaneous 34 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 35 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(B)(i)(lll) (small issuer exception)1 3365a I 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) b Enter the final maturity date of the guaranteed investment contract . I, 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units b If this issue is a loan made from the proceeds of another tax-exempt issue, check box · [] and enter the name of the issuer · and the date of the issue · 38 If the issuer has elected to pay a penalty in lieu of arbitrage rebate,' check box · [] 39 If the issuer has identified a hed~le,, check box .............. · [] I Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge ~ an.(~are true, CCh'act. and complete. ~ Please(~ "~ / ~ X~I ~ ~ Sign I ~ S,g.at, W'~'of, jss;'s authon~ed r~~ti~. ~ ' '1oat. p Type or print name and ,,tie - I-la e . . ! . . ~ .... . For Paperwork Re u~,tron Act Notice, see page 1 of the Instructions. Cat. No. 63773S Fom~ 80~-G (Rev. 5-95) ~ Prfnte~o~ycle~paper 'U.S. OovernmenlPdnllngOfltce: Igg~-- ~7-ogs/2010g DESCRIPTION OF EQUIPMENT B This Description of Equipment B, dated as of September 21, 1998, is executed and delivered pursuant to Section 2 of the Master Lease-Purchase Agreement dated as of January 24, 1997 (the "Lease") between SunTrust Bank, Central Florida, National Association ("Lessor") and the City of Delray Beach, Florida ("Lessee"). The Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the Equipment described below, located at 2200 Highland Avenue, Delray Beach, FL 33444, pursuant to the terms of the Lease, the terms of which are incorporated herein by reference, and as supplemented by a Schedule of Terms B and Amortization Schedule B, each dated as of September 21, 1998, and executed by Lessor and Lessee. Sixty (60) 1998 Club Car, the detailed description of which will be provided subsequent to this funding, at the time the equipment is delivered. Cost Basis: $177,900.00 Dated this ~ day of ,1998. LESSOR: LESSEE: SunTrust Bank, Central Florida, National ~Assoclation, City of Delray Beach, Florida Colby L. Burbank, III Jay Alperin First Vice President Mayor Approved by Lessee's Attorney as to form and correctness: By: City Attorney M :\W P FILES'~vl UN I'xDELRAYB E~[3\EQU IP.WPD (REV.052798) CERTIFICATE OF ACCEPTANCE B This Certificate is given pursuant to the Master Lease-Purchase Agreement dated as of January 24, 1997 (the "Lease"), between SunTrust Bank, Central Florida, National Association, as lessor (the "Lessor"), and the City of Delray Beach, Florida, as lessee (the "Lessee"). A. The Equipment. Lessee hereby certifies that the Equipment as set forth and described in the Description of Equipment B has been delivered to Lessee, inspected by Lessee, found to be in good order and fully equipped to operate as required under applicable law for its intended purpose, and is, on the date set forth below, new and unused and fully and finally accepted under the Lease. B. Representations by Lessee. Lessee hereby represents and warrants to Lessor that on the date hereof: (1) The representations and warranties of Lessee set forth in the Lease and all certificates and opinions delivered in connection therewith were true and correct in all respects when made and are true and correct as of the date hereof. (2) Lessee has satisfied or complied with all conditions precedent and requirements set forth in the Lease, which are required to be or to have been satisfied or complied with on or prior to the date hereof. (3) No Default or Event of Default under the Lease has occurred and is continuing on the date hereof. (4) Lessee has obtained, and there are in full force and effect, such insurance policies with respect to the Equipment, as such term is defined in the Lease, as are required to be obtained under the terms of the Lease. Date of Delivery and Acceptance: IN WITNESS WHEREOF, Lessee has caused this Certificate of Acceptance to be duly executed by its officers thereunto duly authorized. City of Delray Beach, Florida By: Jay Alperin Title: Mayor Approved by Lessee's Attorney as to form and correctness: By: City Attorney M:\WPFILES~MUNBDELRAYBLa~B~ACCEPT.WPD (REV.061394) October 20, 1998 The City Commission of the City of Delray Beach, Florida Delray Beach, Florida SunTrust Bank, Central Florida National Association Orlando, Florida I am the City Attorney for the City of Delray Beach, Florida (the "Lessee) in connection with the issuance by the Lessee of a lease obligation, pursuant to the Constitution and laws of the State of Florida, and all other applicable provisions of law. The lease obligation of the Lessee is created pursuant to a Master Lease-Purchase Agreement (the "Lease-Purchase Agreement") between the Lessee and SunTrust Bank, Central Florida, National Association (the "Bank)), as lessor, dated as of January 24, 1997 whereby Lessee agrees to make rental payments to the Bank during the Lessee's current budget year and subsequent budget years for which funds have been budgeted and appropriated for that purpose, shall be referred to hereinafter as the "Lease Obligation." In connection with this opinion, I have examined the Lease-Purchase Agreement, and such other documents, certificates, and proofs as I have deemed necessary for the purposes hereof. Based thereon, I am of the opinion: 1. The Lessee is a duly organized and validly existing as a municipal corporation of the State of Florida with the power to adopt and perform the Lease Obligation. 2. The Lease-Purchase Agreement has been duly authorized, executed and delivered by the Lessee and, assuming due authorization, execution and delivery by the other parties thereto, constitute legal; valid and binding obligations of the Lessee. 3. The Lease Ob, ligation is a valid and binding obligation of the Lessee payable solely from funds budgeted and appropriated for that purpose during the Lessee's then current budget year. The Lease Obligation constitutes a current expense of the Lessee and does not constitute a debt of the Lessee in contravention of any applicable constitutional, statutory or charter limitations or requirements concerning the creation of indebtedness. Neither the faith and credit of the Lessee nor the State of Florida is pledged in payment of the Lease Obligation. 4. No further approval, consent, or authorization of, or filing with any governmental or public body or agency is required in connection with the Lessee's issuance of the Lease Obligation and the execution and delivery of the Lease-Purchase Agreement and the performance of its obligations thereunder. 5. The execution, delivery, and performance by the Lessee of the Lease- Purchase Agreement does not conflict with or constitute a breach of or default under any existing law, administrative regulation, court decree, resolution, or agreement to which the Lessee is subject as of the date of closing. 6. To the best of my knowledge after due inquiry, no litigatlon or other proceedings are pending or threatened in any court or other tribunal of competent jurisdiction, state or federal, in any way, (1) to restrain or enjoin the execution of the Lease-Purchase Agreement or the incurrence of the Lease Obligation; or (2) questioning or affecting the validity of the Lease-Purchase Agreement, or sources of payment of the Lease Obligation; or (3) questioning or affecting the validity of any of the proceedings for the authorization, execution, registration, issuance, or delivery of the Lease-Purchase Agreement, or the incurrence of the Lease Obligation or the acquisition of the Equipment (as defined in the Lease-Purchase Agreement); or (4) questioning or affecting the organization or existence of the Lessee or the title to office of any member of the Lessee; or (5) which, if adversely determined, would adversely affect the ability or capacity of the Lessee to perform its obligations under the Lease-Purchase Agreement. 7. To the best of my knowledge any and all applicable public bidding requirements have been met with respect to the execution and delivery of the Lease- Purchase Agreement. 8. The Lessee is exempt from all personal property taxes and is exempt from sales and/or use taxes with respect to the transactions contemplated by the Lease- Purchase Agreement. 9. I have no knowledge of any legislation adopted by the prior or current session of the Florida Legislature that restricts or otherwise adversely affects the Lessee's power to issue the Lease Obligation or its ability to pay the rent payments due thereunder. It is to be understood that the rights of the holders of the Lease Obligation, and the enforceability of the Lease-Purchase Agreement, may be subject to the exercise of judicial discretion in accordance with general principles of equity, to the valid exercise of the sovereign police powers of the State of Florida, and of the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditor's rights heretofore or hereafter enacted. Respectively submitted, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA By: Susan A. Ruby, Esq. City Attorney OFFICERS' CERTIFICATE We, the undersigned officers of the City of Delray Beach, Florida (the "Lessee"), in connection with the lease-financing of certain equipment pursuant to thc terms of thc Master Lease-Purchase Agreement dated as of January 24, 1997, as supplemented by a Schedule of Terms C, an Amortizat~ion Schedule C, a Description of Equipment C, each dated as of October 20, 1998 (the "Lease"), between the Lessee and SunTrust Bank, Central Florida, National Association (the "Lessor"), DO HEREBY CERTIFY: (1) Alison MacGregor Harry is the duly appointed, qualified and acting City Clerk of the Lessee, and Jay Alperin is the duly elected, qualified and acting Mayor of the Lessee. Joseph M. Safford is the duly appointed and acting Finance Director of the Lessee. (2) Each of the above persons have duly filed their oaths of office and such of them as are required by law to file bonds or undertakings have duly filed such bonds or undertakings in the amount and manner required by law. (3) The undersigned Mayor and City Clerk hereby certify that they executed and attested, respectively, the Schedule of Terms C, the Amortization Schedule C, the Description of Equipment C, each dated as of October 20, 1998, and certain other documents relating thereto (the "Lease Documents"). (4) Those Officers who executed the Lease Documents were and are the duly chosen, qualified and acting officers authorized to execute the Lease Documents. The signatures that appear on this certificate are the authentic signatures of the City Clerk and the Mayor, each of whom is duly authorized to execute and deliver the Lease Documents and any and all documents and certificates required in connection therewith or necessary or appropriate to carry out the intent thereofi (5) The Lessee has sufficient moneys available to pay all rental payments owing under the Lease with respect to the equipment set forth in the Lease Documents (the "Rent Payments") coming due during the current budget year of the Lessee, such moneys having been properly budgeted and appropriated for that purpose in accordance with the laws of the State of Florida (the State); such moneys will be applied in payment of all Rent Payments due and payable during such current budget year; the Lessee expects and anticipates adequate funds to be available, budgeted and appropriated in future years to make all future Rent Payments throughout the maximum term of the Lease. (6) The lease of the Equipment (as described in the Description of Equipment) is essential to the governmental functions of the Lessee, and the Lessee has an immediate need for the Equipment which is not temporary or expected to diminish during the maximum term of the Lease. (7) The Equipment will be used by the Lessee for the purpose of performing one or more of the Lessee's governmental functions consistent with the permissible scope of the Lessee's authority. (8) The Lessee has obtained, or will obtain as the Equipment is acquired, from a reputable insurance company qualified to do business in the State, insurance with respect to all risks required to be covered thereby pursuant to the Lease; or the Lessee has or shall self-insure with the prior written consent from the Bank as provided in the Lease. (9) The interest rate establishing the interest portion of the Rent Payments, on the first date such interest begins to accrue, does not exceed a rate of interest permitted by Section 215.84, Florida Statutes (1995). -I- M :\WPFI LES'uM UNBDELRAYB EXC\OFFICER.WPD (REV.022798) (10) This Section 10 sets forth facts and estimates upon which the Lessor and its counsel may rely in reaching an opinion regarding the exclusion of the interest portion on the Rent Payments from the gross income the Lessor, and the facts and estimates upon which the Lessee bases its reasonable expectation that the obligation to make Rent Payments pursuant to the Lease (hereinafter, the "Lease Obligation") does not create an arbitrage bond under Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable Treasury Regulations: (a) The Lessee has not accumulated nor does it expect to accumulate amounts of money in a fund to pay or to be held as security for the payment of principal of or interest on the Lease Obligation. (b) No portion of the proceeds of the Lease Obligation will be used as a substitute for other funds which were otherwise to be used for the same purposes and which funds will be used to acquire directly or indirectly obligations producing a yield in excess of the yield on the Lease Obligation. (c) There are no other obligations of the Lessee which (i) are being issued within 15 days prior to or after the date of the Lease Obligation, (ii) are sold pursuant to a common plan of financing together with the Lease Obligation, and (iii) will be paid out of substantially the same source of funds (or will have substantially the same claim to be paid out of substantially the same source of funds) as the Lease Obligation. (d) The Lessor has agreed to purchase the Lease Obligation for outstanding principal amount thereof. No fee will be paid to any person acting as an underwriter for the Lease Obligation. (e) The Lease does not create a "hedge bond" as defined in Section 149(g) of the Code, in that at least 85 percent of the proceeds of the Lease Obligation will be expended to carry out the governmental purpose of the issue within three years from the date of issuance of the Lease, and not more than 50 percent of the proceeds will be invested in nonpmpose investments {as defined in Section 148(e)(6)(A)of the Code) having a substantially guaranteed yield for four (4) years or more. (f) The Equipment has not been and is not expected to be sold or otherwise disposed of in whole or in part prior to the expiration of the maximum lease term. (g) The proceeds of the Lease Obligation ($106,800.00) will be deposited into an Equipment Acquisition Fund created by Lessee. The proceeds of the Lease Obligation, together with the investment earnings thereon, will be used to pay the cost of the equipment from the vendors thereof (the "Project"). It is reasonably expected that (i) at least 85% of the proceeds of the Lease Obligation will be allocated to expenditures on the Project by the end of three years from the date of issuance thereof, (ii) within 6 months of the issuance date of the Lease Obligation, the Lessee will incur a substantial binding obligation to a third party to e~pend at least 5% of the proceeds thereof on the Project, and (iii) completion of the Project and the allocation of the proceeds to expenditures with respect to the Project will proceed with due diligence. (h) The Lessee expects that (i) less than 10% of the proceeds of the Lease Obligation will be used for any private business use as defined in Section 141 of the Code, and (ii) less than 5% of the proceeds of the Lease obligation will be used for the private business use which is not related to a governmental use of the proceeds, or which is a disproportionate related business use within the meaning of Section 141 of the Code. It is understood that such limitation will not apply unless more than 10% (with respect to clause (i)) or more that 5% (with respect to clause (ii)) of the Lease Obligation is directly or indirectly (including:under the terms of any underlying arrangemen0 seemed by any interest in (1) property used or to be used for a private business use, or (2) payments in respect of such property, or are to be derived -2- M:\WPF I LESXMUNIXD ELRAYBE\C\OFFICER.WPD (REV.022?98) from payments (whether or not to the Lessee) in respect of such property, or borrowed money, used or to be used for a private business use, as provided in Section 141 of the Code. (11) No approval, consent or authorization of any governmental or public agency not already obtained is required in connection with the Lessee's participation in the transactions contemplated by the Lease, or the performance of its obligations thereunder. . (12) The Lessee does hereby designate the Lease Obligation as a "qualified tax-exempt obligation" within the provisions of Section 265 of the lntemal Revenue Code of 1986. The Lessee does not reasonably anticipate issuing more that $10,000,000 of tax-exempt obligations (including those obligations of any entities controlled by the Lessee), including the Lease Obligation during the current calendar year. (13) To the best knowledge and belief of the undersigned officers, there are no other facts, estimates or circumstances that would materially change the conclusions and representations set forth in the certificate and the expectations hereinabove set forth are reasonable. WITNESS our hands and the seal of the Lessee this __ day of ., 1998. City of Delray Beach, Florida (SEAL) Jay Alperin Mayor ATTEST: Alison MacGregor Harry City Clerk Approved by Lessee's Attorney as to form and correctness: By: City Attorney -3- M :\WPFILEShM UNIXDELRAYBE\C~OFFICER.WPD (REV.022798) SCHEDULE OF TERMS C THIS SCHEDULE OF TERMS C, dated as of October 20, 1998, is executed and delivered pursuant to that certain Master Lease-Purchase Agreement (the "Lease") dated as of Sanuary 24, 1997, between SunTrust Bank, Central Florida, National Association ("Lessor"), 200 South Orange Avenue, Orlando, FL 32801, Attention: Leasing Department, and the City of Delray Beach, Florida ("Lessee"), 100 N. W. 1st Avenue, Delray Beach, FL 33444, Attention: Finance Director. ' Equipment Cost: $106,800.00 Number of Payments: Forty-eight (48) Frequency of Payments: Monthly in Advance Payment Due Date: Commencing October 20, 1998; Monthly thereafter on each and every 20th to and including September 20, 2002. Interest Rate: 4.5019% Rental: Payment Amount: $ 2,426.40 Deferred Interest to Termination Date: $ 9,667.24 Total Rental $ 116,467.24 Current Maximum Corporate Income Tax Rate: 35% Budgetary Period: October 1 through September 30 Late Payments: There will be a charge of 1.5% per month or the highest legal rate allowed on the mount of any Rent Payment which remains unpaid for ten (10) days after the due date. Insurance: The insurance required pursuant to the Lease shall include, but is not limited to, the following types and amounts of coverage: A. PHYSICAL DAMAGE to all vehicles(s) leased under this Schedule; (1) Scope of Coverage: Comprehensive and collision coverage (2) Limits of Coverage: not less than the greater of the full replacement value of the Vehicles or the installments of rent then remaining unpaid hereunder immediately prior to the physical damage of each Vehicle leaged hereunder (3) Deductible: not more than $1,000.00 per occurrence; Lessee is liable for all deductible amounts B. MOTOR VEHICLE LIABILITY: (1) Scope of Coverage: Liability coverage including, but not limited to bodily injury, death, property damage; contractual liability and personal injury (2) Limits of Coverage: Minimum liability coverages in the following amounts must be provided; $100,000 per occurrence/S300,000 aggregate per occurrence/$100,000 property damage -1- M:\WPF1LES'xMUNI~DELRAYB EkC~SCHEDULE.WPD(REV.022798) C. PERSONAL PROPERTY coverage to all equipment leased under this Schedule: (I) Scope of Coverage: All risk, including but not limited, to flood damage if the property is located in a flood plain area as defined by applicable government authority (2) Limits of Coverage: not less than the greater of the full replacement value of the Equipment or the installments of rent then remaining unpaid hereunder immediately prior to the physical damage of each item of Equipment leased hereunder (3) Deductible: not more than $1,000.00 per occmence; Lessee is liable for all deductible amounts D. COMPREHENSIVE GENERAL LIABILITY: (1) Scope of Coverage: Comprehensive General Liability coverage: including, but not limited to bodily injury, death, and property damage, contractual liability and personal injury; (2) Limits of Coverage: Minimum liability coverages in the following amounts must be provided; $250,000 per occurrence/S500,000 aggregate per occurrence/S100,000 property damage E. LOSS PAYEE: Lessor must be named as loss payee and additionally insured on physical damage insurance. F. SELF-INSURANCE: In the event Lessee is self-insured for the purpose of physical damage coverage, a Statement of Self-Insurance will be provided. Dated this day of ,1998. LESSOR: LESSEE: SunTrust Bank, Central Florida, National Association City of Delray Beach, Florida By: ~ L ~/~/X.~OA,~~ By: Colby L. Bu~ank, III lay Alperin First Vice President Mayor Approved by Lessee's Attorney as to form and correctness: By: City Attorney -2- M:\WPFILES~V~UNr~DELRAY B E\C~C HEDULE.WPD{REV.022798) AMORTIZATION SCHEDULE C Payment Balance After Payment Payment Date Amo..uRt Interest Principal CPreoa,nnent Price}* Oct-20-98 2,426.40 0.00 2,426.40 104,373.60 Nov-20-98 2,426.40 391.57 2,034.83 102,338.76 Dec-20-98 2,426.40 383.93 2,042.47 100,296.30 7,279.20 775.50 6,503.70 Jan-20-99 2,426.40 376.27 2,050.13 98,246.17 Feb-20-99 2,426.40 368.58 2,057.82 96,188.34 Mar-20-99 2,426.40 360.86 2,065.54 94,122.80 Apr-20-99 2,426.40 353. I ! 2,073.29 92,049.5 ! May-20-99 2,426.40 345.33 2,081.07 89,968.44 Jun-20-99 2,426.40 337.52 2,088.88 87,879.56 Jul-20-99 2,426.40 329.69 2,096.71 85,782.85 Aug-20-99 2,426.40 321.82 2,104.58 83,678.27 Sep-20-99 2,426.40 313.93 2. ! 12.47 81,565.80 Oct-20-99 2,426.40 306.00 2,120.40 79,445.40 Nov-20-99 2,426.40 298.05 2.128.35 77,317.04 Dec-20-99 2,426.40 290.06 2,136.34 75,180.70 29,116.81 4,001.22 25,115.59 Jan-20-00 2,426.40 282.05 2,144.35 73,036.35 Feb-20-00 2,426.40 274.00 2,152.40 .70,883.95 Mat-20-00 2.426.40 265.93 2,160.47 68,723.47 Apr-20-00 2,426.40 257.82 2,168.58 66,554.90 May-20-00 2.426.40 249.69 2,176.71 64.378.18 Jun-20-00 2,426.40 241.52 2,184.88 62,193.30 Jul-20-00 2,426.40 233.32 2,193.08 60,000.22 Aug-20-00 2,426.40 225.10 2,201.30 57,798.92 Sep-20-00 2,426.40 216.84 2.209.56 55,589.35 Oct-20-00 2,426.40 208.55 2,217.85 53,371.50 Nov-20-00 2,426.40 200.23 2,226.17 51,145.33 Dec-20-00 2,426.40 19 I. 88 2,234.52 48,910.80 29,116.81 2,846.91 26,269.90 Jan-20-0l 2,426.40 183.49 2,242.91 46,667.90 Feb-20-01 2,426.40 175.08 2,251.32 44,416.57 Mat-20-01 2,426.40 166.63 2,259.77 42,156.8 I Apr-20-01 2,426.40 158.15 2,268.25 39,888.56 May-20-01 2,426.40 149.65 2,276.76 37,611.80 Jun-20-01 2,426.40 14 I. 10 2,285.30 35,326.5 I Jul-20-01 2,426.40 132.53 2,293.87 33,032.64 Aug-20-01 2.426.40 123.92 2,302.48 30,730.16 Sep-20-01 2,426.40 115.29 2,31 I. I I 28,419.05 Oct-20-01 2.426.40 106.62 2,319.78 26,09926 Nov-20-01 2,426.40 97.91 2,328.49 23,770.77 Dec-20-01 2,426.40 89.18 2,337.22 21,433.55 29.116.81 1.639.56 27,477.25 Page 1 M :\WPFILES'~I UN I\DELRAYBE\CXAMORT.WPD (REV.052798~ AMORTIZATION SCHEDULE C Payment Balance After Payment Payment Date Amount Interest Princi_oal /Preuavment Prlce~ * Jan-20-02 2,426.40 80.41 2,345.99 ! 9,087.56 Feb-20-02 2,426.40 71.61 2,354.79 16,732.77 Mat-20-02 2,426.40 62.77 2,363.63 14,369.14 Apr-20-02 2,426.40 53.91 2,372.49 ! 1.996.65 May-20-02 2,426,40 45.01 2,381.39 9,615.25 Jun-20-02 2,426,40 36.07 2,390.33 '/,224.93 Jul-20-02 2,426,40 27.10 2,399.30 4,825.63 Aug-20-02 2,426.40 ! 8.10 2,408.30 2,417.33 Sep-20-02 2,426.40 9.07 2,417.33 0.00 21,837.61 404.06 21,433.55 T O T A L 116,467.24 9,667.24 106,800.00 *Subject to adjustment for any payment(s) not received on the applicable Payment Date. This Amortization Schedule C, dated as of October 20, 1998, is delivered pursuant to Section 2 of the Master-Lease-Purchase Agreement, dated as of January 24, 1997, between SunTrust Bank, Central Florida, National Association {"Lessor"), and the City of Delray Beach. Florida, ("Lessee"). Dated this day of . ,1998. LESSOR: LESSEE: r SunTrust Bank, Central Florida, National Ag.,sociation City of Delray Beach, Florida Colby L. Burbank. III Jay Alperin First Vice President Mayor Approved by Lessee's Attorney as to form and correctness: By: City Attorney Page 2 M :\WPFI LES'~vlUNI\DELRAY BE\CX, AMORT.WPD (REV.05279~) Fo~8038-GInformation Return for Tax-Exempt Governmental Obligations · Under Internal Revenue Code section 149(e) OMB No. 1545-0720 (Rev. May 1995) · See separate Instructions. Oepmtment of the Tre;~su~ (Note: Use Form 8038-GC if the issue price is under $100.000.) Internal Revenue Service B'.RI'~a! Reportin~j Authority If Amended Return, check here · I I I Issueris name 2_ I..ssuer's employer identtfl~.atlon number City of Delray Beach ~ ; 6000308 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number 100 N. W. 1st Avenue ' Gl9 - 5 City, town, or post office, state, and ZIP code 6 Date of issue Delray Beach, FL 33444 10/20/98 7 Name of issue 8 CUSIP number Lease-Purchase Agreement None I'a;l~il! . Type of issue (check applicable box(es) and enter the issue price) 10 [] Health and hospital (attach schedule-see instructions) .............. 11 []Transportation ........................... ,11, 12 [] Public safety ............................/ 112 13 [] Environment (including sewage bonds) ................... 13 14 [] Housing ............................. 14 15 [] Utilities ............................. 15 16 ~ Other. Describe (see instructions) · Club Cars 16 106 r800'.00 .. 17 If obligations are tax or other revenue anticipation bonds, check box · [] ~~ 18 If obligations .are in the form of a lease or installment sale, check box · [] a'~mll! Description of Obli~lations (dl (el (a) (b) {c) Stated redemption Weighted If) Ne~ i~tlerest Maturity data Interest rate Issue price price at matudty ;average matudty Yield ~ 19 Final maturity. NA NA % NA NA ~.~~ ~~ 20 Entire issue . ~~"~~~ 106.800.00 . NA I~'our years 4.50190/% NA o~ I'..,;mal,,a Uses of Proceeds of Bond Issue (includincj underwriters' discount) 21 Proceeds used for accrued interest ..................... /21 NA 22 Issue price of entire issue (enter amount from line 20, column (c)) ...........~22 NA 23 Proceeds used for bond issuance costs (including underwriters' discount) · 123 I NA .~ 24 Proceeds used for credit enhancement ............ 124 I NA 25 Proceeds allocated to reasonably required reserve or replacement fund 125 I NA 26 Proceeds used to currently refund prior issues 126 ~ NA 27 Proceeds used to advance refund prior issues . . . ~ 27 ~ NA 28 Total (add lines 23 through 27) ....... i i.. i i i i ........ 2128 NA 29 Nonrefunding proceeds of the issue tsubtract line 28 from line 22 and enter amount here). . .129 NA i-.el'~&,a Description of Refunded Bonds (Complete this part only for refundin~l bonds.) 30 Enter the remaining weighted average maturity of the bonds to be currently refunded . · NA years 31 Enter the remaining weighted average maturity of the bonds to be advance refunded . · NA years 32 Enter the last date on which the refunded bonds will be called ........... · NA 33 Enter the date(s) the refunded bonds were issued · NA I'll'J! Miscellaneous 34 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) I; I 35 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(B)(i)(lll) (small issuer exception)I//aI 106,800. PO 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract {See instructions) b Enter the final maturity date of the guaranteed investment contract ~ ~,~ 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 137a I b If this issue is a loan made from the proceeds of another tax-exempt issue, check box 1~ [] and enter the name of the issuer ~- and the date of the issue · 38 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box · [] 39 If the issuer has identified a hedge, check box.. ............. · [] Under penalties of periury. I rieclare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and~b~ey are true,, correct, and compl_~,e. Please (-"'- ~/ ~ ~ % Here k~'~--.wh'~-~- ~--'~-~'~{.A-t-~-~" ~· %, c~ ~ r SignOre o.~/issuer's authorized~epres~t~tJ~le ~, Datep Type or print name and title For Paperwork R~on Act Notice, ~ee page I of the Instructions. Cat. No. 63773S Form 8038-(} iRev. 5-95) (~ Printed on r~-~clecl paper 'U.S, Oovefnmenl Pl~rdlng Office: 199~ 3~/-095/201~ DESCRIPTION OF EQUIPMENT C This Description of Equipment C, dated as of October 20, 1998, is executed and delivered pursuant to Section 2 of the Master Lease-Purchase Agreement dated as of January 24, 1997 (the "Lease") between SunTrust Bank, Central Florida, National Association ("Lessor") and the City of Dekay Beach, Florida ("Lessee"). The Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the Equipment described below, located at 2200 Highland Avenue, Delray Beach, FL 33444, pursuant to the terms of the Lease, the terms of which are incorporated herein by reference, and as supplemented by a Schedule of Terms B and Amortization Schedule B, each dated as of October 20, 1998, and executed by Lessor and Lessee. Eighty (80) 1999 Club Car, the detailed description of which will be provided subsequent to this funding, at the time the equipment is delivered. Cost Basis: $106,800.00 Dated this ~ day of .. ,1998. LESSOR: LESSEE: SunTrust Bank, Central Florida, National Association City of Delray Beach, Florida By: .~'~ t~L/~t~ ~A/~-' By: Colby L. Burbank, III Jay Alperin First Vice President Mayor Approved by Lessee's Attorney as to form and correctness: By: City Attorney M:\WPFILESXMUNI\DELRAYBE\C~EQUIP.WPD (REV.052798) CERTIFICATE OF ACCEPTANCE C This Certificate is given pursuant to the Master Lease-Purchase Agreement dated as of January 24, 1997 (the "Lease"), between SunTrust Bank, Central Florida, National Association, as lessor (the "Lessor"), and the City of Delray Beach, Florida, as lessee (the "Lessee"). A. The Equipment. Lessee hereby certifies that the Equipment as set forth and described in the Description of Equipment C has been delivered to Lessee, inspected by Lessee, found to be in good order and fully equipped to operate as required under applicable law for its intended purpose, and is, on the date set forth below, new and unused and fully and finally accepted under the Lease. B. Representations by Lessee. Lessee hereby represents and warrants to Lessor that on the date hereof: (1) The representations and warranties of Lessee set forth in the Lease and all certificates and opinions delivered in connection therewith were true and correct in all respects when made and are true and correct as of the date hereof. (2) Lessee has satisfied or complied with all conditions precedent and requirements set forth in the Lease, which are required to be or to have been satisfied or complied with on or prior to the date hereof. (3) No Default or Event of Default under the Lease has occurred and is continuing on the date hereof. (4) Lessee has obtained, and there are in full force and effect, such insurance policies with respect to the Equipment, as such term is defined in the Lease, as are required to be obtained under the terms of the Lease. Date of Delivery and Acceptance: IN WITNESS WHEREOF, Lessee has caused this Certificate of Acceptance to be duly executed by its officers thereunto duly authorized. City of Delray Beach, Florida By: Jay Alperin Title: Mayor Approved by Lessee's Attorney as to form and correctness: By: City Attorney M :\WPFILES~IUNI~DELRAYB E\CkACCEPT.WPD (REV,061394) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MhAIAGER~ SUBJECT: AGENDA ITEM ~ 'D- REGULAR MEETING OF SEPTEMBER 15, 1998 GRANT APPLICATION FOR POMPEY PARK BALLFIELDS DATE: SEPTEMBER 8, 1998 At the August llth workshop, Commission heard a presentation on proposed improvements to Pompey Park ballfields including new construction and renovations. Staff indicated the project would cost about $432,000, of which $140,000 is budgeted for FY 1999 in the General Capital Improvement Fund (334-4172-572-63.03). It was also mentioned that staff was in the process of preparing to submit for a state grant in the amount of $100,000 to be used for this project. The application has been put together by Doug Randolph and is now before the Commission for formal authorization to submit to the Florida Recreation Development Assistance Program (FRDAP). It is anticipated the project will be done in two years, assuming receipt of the grant and the possibility of additional funding support from Palm Beach County. Recommend approval of the grant application for the Pompey Park ballfields project. ref:agmemoll Agenda Item No.: ~ AGENDA REQUEST Date: August 31t 1998 Request to be placed on: XX Regular Agenda (Consent) Special Agenda Workshop Agenda When: September 15, 1998 Description of item (who, what, where, how much): R~uest City Commission aDDroval to submit a ~rant application to the Florida Recreation Development A~4~tance Pro,ram to obtain a ~rant of $100~000 to assist with the new construction ~a ~at4on~ Be~n~ planned ~or the ballfields at Pompey ~ark. Th~s pro~ect is ~oted in our Capital Improvement ?lan with local funds identified in the General c~] Improvement Fund. The total Pro4ect cost is e~mated at $a32.000 (Example: ..Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQ~IRE~: YES~ Draft Attached: YES/NO Recommendation: Approval to submit (Example: Recommend approval wi~h funding from Special Events Account No. 001-3333-555-44.55). ~r_~ ~~ Department Head Signature: ~ ~ City Attorney Review/ RecommendatiOn (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~ Funding available: ~NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: (5~_~ek~ City Manager Review: Approved for agenda: ~ NO ~/~ Hold Until:_ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T~H~}rden, City Manager FROM: Joe Weld~fb Director of Parks and Recreation DATE: August 31, 1998 SUBJECT: REQUEST CITY COMMISSION APPROVAL TO SUBMIT GRANT APPLICATION TO THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) Doug Randolph has developed the attached proposal that would allow the City to obtain $100,000 from FRDAP to assist with the new construction and renovations being planned for the ballfields at Pompey Park. This project is noted in our Capital Improvement Plan. The opportunity to obtain partial funding from the State under the FRDAP Program should be pursued. With the above in mind, ! am asking that this item be placed on the agenda for consideration by the City Commission at their meeting on September 15, 1998. Thank You. DGR/]W/pompey attachments R HT PPLI AHOH INTROOUOTIOH The Florida Recreation Development Assistance Program (FRDAP) provides grants to local governmental entities to acquire or deveiop-land:-for public outdoor recreation. The Florida Department of Environmental Protection (DEP), Bureau of Design and Recreation Services administers FRDAP. DEP evaluates grant applications according to policies and procedures described in Chapter 62D-5, Part V, Florida Administrative Code (F.A.C.). This is commonly known as the FRDAP Rule. Applicants should familiarize themselves with these policies and procedures. This packet will assist all applicants in preparing and presenting the information needed for DEP to evaluate proposed FRDAP applications. £N£R414PPLIC TION INf ORM4 T/ON Plon$o stt#nt/!tho oBBI/onUo#ifla $OHOO £Rb/fl#or£Bloa$o, flo B-t/flO#/fl#ot J. To fnoiIitnto tho ro ow and $oorinU #lon$o ln#ol or nIl stt oi #oout ont$ or A proposed FRDAP project must be for either acquisition or development of land for public outdoor recreational purposes. If an acquisition project receives a FRDAP grant, the applicant must develop the acquired site for public outdoor recreation use within three (3) years. A development proposal should consist of the complete or partial development of the site for public outdoor recreational use. The grantee will have up to two (2) years from the effective date of the project agreement to complete the project. A development project may consist of one improvement or a group of related improvements designed to provide primary facilities for outdoor recreation. Secondary or support facilities or improvements for access, safety and protection of the project are viable project components, but should not dominate the proposed project. Primary facility costs must be greater than or equal to fifty percent of the total project cost. Support facilities alone do not constitute an eligible project, except projects which provide or improve sandy beach access. Eligible areas and facilities are described in the FRDAP Rule. The Department's performance and obligation to award program grants is contingent upon an annual appropriation by the Florida Legislature. ~RJ~NT/~T~//R~TIO$.' (Based on the grant cap of $100,000) Project Cost State Share Grantee Share $50,000 or less 100% 0% $50,000 to $133,334 75% 25% $133,334.01 up to $200,000 50% 50% Note: Project Cost = Grant Funds + Grantee Match Please refer to Chapter 62D-5.055(4), F.A.C. for complete information on Match Requirements and match types. Following DEP staff review of the application, DEP will notify applicants of any deficiencies. Missing or incomplete documentation will usually constitute a deficiency. Applicants must submit requested deficiency information within fifteen (15) working days from date of deficiency notification. After the deficiency period, DEP ranks all eligible applications in accordance with the evaluation criteria set forth in the FRDAP Rule. Applicants must submit proposals for FRDAP grants on application form FPS-A033. DEP evaluates applications on the basis of the information provided by the applicants, except where such data is superseded by official DEP information. Failure by an applicant to present all required application information and documentation may result in the application being declared ineligible for funding consideration. Failure by an applicant to provide accurate information and documentation relating to the evaluation criteria for the proposed project set forth in the FRDAP Rule may result in a loss of points for the applicant's competitive score. Applicants must submit three copies (1 original and 2 copies) of the completed application and all supporting documents during the announced submission period of September 14, 1998, through October 16, 1998. Applications must be postmarked NO LATER THAN October 16, 1998, and submitted to: DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS BUREAU OF DESIGN AND RECREATION SERVICES 3900 COMMONWEALTH BOULEVARD, MAIL STATION 585 TALLAHASSEE, FLORIDA 32399-3000 If questions arise while preparing the application, please contact the Bureau of Design and Recreation Services at 850/488-7896 or SUNCOM 278-7896. Please Note: If you plan to prepare this document by retyping or downloading it to your computer, the language and format used must exactly match this application. Internet Users: This application may be downloaded from the Internet at: http//www.dep.state.fl.us/bdc/ II Available program funds for fiscal year 1999-2000 are contingent upon an II appropriation by the Florida Legislature. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FL ORIDA RECREATION DE VEL OPMENT ASSISTANCE PR OGRAM (DEP USE ONLY ) PART I ~ GENERAL INFORMATION RECEIVED: POSTMARKED: APPL. NO.: 1. APPLICANT INFORMATION A. Name of Applicant: City of Delrav Beach . B. Federal Employment Identification Number: 59-6000-308 C. Population: 52.039 (1996 Census) D. Current Operating Budget: $45.939.792 (This is the operating budget for the city, cottnty or special district, not just the department budget) E. Contact Person: ,loc Weldon Title: Director of Parks and Recreation (The contact person is someone who will be in direct contact with the DEP) Address: Street/PO Box: $0 N.W. l[~t. Avenue City/State: Delray Beach, Florida Zip Code: 33444 Telephone: (561) 243-725 Suncom: 925-7252 FAX: (561) 243-3774 If project is not funded, please check here if grantee wishes to receive application back. X I hereby certify that the information provided in this application is true and accurate. I further certify that I possess the authority to apply for this grant on behalf&the applicant. Signature of Authorized Representative Date 2. PROJECT INFORMATION A. Name of Project: Pompey Park Ballfields - New Construction and Renovation B. Project Type (Check One): Project must either be acquisition or development. (It can not be both) Development: X On land owned by applicant On land currently under site control by applicant Date site control expires: Acquisition: Development projects must be under site control by the close of the submission period (October 16, 1998). Include a boundary map of the project site. Include a copy of the site control documents (e.g., deed, lease, agreement, etc.). C. Project Location: Street Address: 1101 No~'thwest Second Avenue City: Delray Beach County: Palm Beach Page 3 of 19 FPS-A033 D. LEGISLATIVE DISTRICTS IN WHICH THE PROJECT SITE IS LOCATED: These shouM be the districts in which the proposed project site is located. If you are not sure of the district, contact your local office of the Supervisor of Elections. (Name) (District Number) State Senator: R0n Klein Senate District Number: 28 State Representative: William Andrew~ House District Number: 87 E. Briefly describe the physical characteristics of the project. Include land resources, vegetation, fish and wildlife, historical, archaeological resources, and transportation access as well as other pertinent information. Our project will consist of both new construction as well as renovations. The entire scope of work will involve improvements that will be accomplished in two years. We are seeking funding support from FRDAP for improvements that will be made in the first year. In the first year we will rotate one of the three existing baiifields and add lights and fencing to two fields. These ballfields are located within a 17.5 acre City Park that is situated within a minority neighborhood. In addition to the balifields, the park offers a variety~ of other recreational and social activities. In 1995 the City spent over $1,000,000 for a new, fully accessible, 45' by 75' outdoor pool, bathhouse and restroom facility. Other outdoor facilities include basketball courts as well as lighted tennis and requetball courts. The Recreation Center has an auditorium with stage, kitchen, gameroom, library and gym. The Center also serves as one of the City's After-School sites. A. FRDAP Funds Requested Line A $ 100,000 B. Local Funds Available: 1. Cash: Line B $ 100,000 2. In-Kind: LineC $ N/A 3. Land Value Line D $ N/A If property is developed, land vahte can NOT be used as a match. Total Local Funds Available: Line E $ 100.000 Sum of lines B, C and D C. Total Cost of Proposed Project: Line F $ 200,000 Sum of Lines A and E The Total Project Cost (Line F) must equal the grant request (Line A) pitts the total local funds available (Line E). This figure (Line F) should not total more than $200, O00 for the pttrpose of this application. Page 4 of 19 FPS-AO33 Project Cost Estimate (COMPLETE ONLY FOR DEVELOPMENT PROJECTS): If land value is used as match, it should be included under primary cost. Primary costs include all recreation facilities and opportunities. Primary cost must be equal to or greater than fifty percent of the total cost. ~4ttach a separate sheet if needed. Remember to include each element in your conceptual site plan. PRIMARY RECREATION AREAS AND FACILITIES: Including, but not limited to, beach access, picnic facilities, fishing piers, ballfields, tennis courts, bicycle trails, etc. Costs of planning and site preparation shouM be included within the cost of each element. Quantity' Description Estimated Cost NOTE: The City will provide additional funding beyond what is noted for the purposes of this application. 1 Rotate Field # 3 $ 60,000 ( This will allow for the more traditional "Cloverleaf Layout" N of the three fields so that the pressbox can also be used to E call and view the games played on field #3) W 6 New lights for Field # 3 $70,000 (Lighting will comply to Little League Lighting Standards and will allow for extended hours of play) R E 6 Replace lighting for field # 2 $ 70,000 N (Current lights are obsolete and do not comply with Little O League Lighting Standards) V A T I O N S Total Primary $ 200,000 SUPPORT FACILITIES AND IMPROVEMENTS: Parking, restrooms, landscaping, security lighting, and such other costs should be included under support costs. Costs of planning and site preparation should be included within the cost of each element. ~4menities such as benches, trash cans, utilities, water fountains, or bike racks will receive no points when being scored. Quantity Description Estimated Cost Total Support TOTAL COST OF PROPOSED PROJECT: $200.000 Page 5 of 19 FPS-AO33 PART H-- EVALUATION CRITERIA L GENERAL EVALUATION CRITERIA 1. CAPITAL IMPROVEMENT PLAN A. Is the proposed project identified, in whole or in part, in the applicant's capital improvement plan or schedule during the current or next three (3). fiscal years? · (20 points) X Yes No --- OR--- B. Is the proposed project identified as part of the plan through an adopted resolution committing the applicant to amend their capital improvement plan or schedule and complete the project should it receive program funds? (10 points) Yes X No If "Yes, "provide a copy of the five-year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan ~ OR -- a copy of a resolution amending the existing schedule to include the proposed project. The capital improvements schedule must clearly indicate the proposed project. Please highlight project name, amount andyear. (Please tab as Exhibit "A'): 2. STATE COMPREHENSIVE OUTDOOR RECREATION PLAN A. Explain how the proposed project would address one or more of the issues or goals, as identified in the State Comprehensive Outdoor Recreation Plan. Use Chapter 9 in OUTDOOR RECREATION IN FLORIDA - 1994 (SCORP). Provide quotations or other appropriate references with explanations to justify the correlation. Use a separate sheet if necessary. (Please tab as Exhibit "B"): (4 points) As the population of Delray Beach grows, so does the utilization of our existing park facilities. Our land resources are limited and we need to develop and alter our existing parks to meet the growing demands. By altering and upgrading these ballfields and surrounding grounds we will increase the hours of use of this multiple-purpose resource as well as make the area more attractive and user friendly for friends and family members during games. (SCORP, 9.20, items 3 and 8 under "Outdoor Recreation Need Priorities) Page 6 of 19 FPS-AO33 I IV III B. 1995 RELATIVE NEED INDEX BYREGION V Check applicant's region, then circle each priority ~. resource/facility need proposed in the project which is included in the applicant's planning region: (7 points) VIII ~ I Bicycle Riding * Hiking * Freshwater Fishing (No Boat) Horseback Riding * Freshwater Beach Activities X Outdoor Swimming Pool Use II Freshwater Fishing (No Boat) * Bicycle Riding III Bicycle Riding * Saltwater Fishing (No Boat) IV Bicycle Riding * Visit Archaeological/Historic Sites .... XI Saltwater Fishing (No Boat) * Freshwater Beach Activities Hiking * Horseback Riding * Freshwater Fishing (No Boat) V Bicycle Riding * Saltwater Fishing (No Boat) '.7- VI Bicycle Riding * Hiking * Saltwater Fishing (No Boat) Freshwater Beach Activities * Outdoor Swimming Pool Use VII Bicycle Riding * Horseback Riding VIII Bicycle Riding * Saltwater Beach Activities * Hiking * Horseback Riding Hunting * Outdoor Swimming Pool Use IX Bicycle Riding * Fresh~vater Beach Activities * Nature Study * Hiking Horseback Riding * Hunting * Outdoor Swimming Pool Use * Shuffleboard X X Bicycle Riding * Freshwater Fishing (No Boat) * Hiking * Horseback Riding Saltwater Fishing (No Boat) * Freshwater Beach Activities * Outdoor Swimming Pool Use XI Horseback Riding * Hiking * Hunting * Freshwater Fishing (No Boat) Freshwater Beach Activities * Tent Camping * Outdoor Swimming Pool Use Page 7 of 19 FPS-AC33 3. PUBLIC PARTICIPATION Public Participation -- Indicate which of the following apply (CheckALL that apply): X A. An advertised public meeting was held solely for the purpose of discussing the proposed project. Attach a copy of proof of publication for the Advertisement. Meeting must be for the SOLE PURPOSE of discussing the project proposed in the application. The advertisement should indicate that the purpose of the meeting is to discuss a FRDAP grant for this project site. (Please tab as "C-I") (10 points) X B. The project was discussed at a regularly scheduled meeting of the applicant's advisory board responsible for park, recreation and leisure service activities. Provide a copy of the agenda and/or minutes of the advisory board meeting(s) where this project was discussed. The board must be an appointed group of citizens, such as a parks and recreation advisory board, who would normally review projects similar to the proposed grant application. Discussion must take place at a regularly scheduled meeting. Planning and zoning or similar boards may be used ifa parks and recreation advisory board does not exist. CITY OR COUNTY COMMISSIONS ARE NOT CONSIDERED ADVISORY BOARDS. (Please tab as Exhibit "C-2") (7 points) X C. Public input on the proposed project was obtained through presentations to community organizations, neighborhood associations and/or a written opinion survey. Provide documentation (agenda, minutes or thank-you letter) showing that presentations regarding this project were made to community organizations or groups OR provide a copy of the survey instrument, a summary of the results and explain how the results relate to the proposed project. (Please tab as Exhibit "C-3") (4 points) 4. OPERATION AND MAINTENANCE Capability to develop, operate and maintaiti the project site: (Please check ONLY one): X The applicant has a full-time recreation or park department staffed to provide facility development, programming and maintenance capabilities.lfthis option is selected, please provide a copy of an agency organizational chart. DEP reserves the right to request position descriptions if questions arise. (Please tab as Exhibit "D"). (6 points) The applicant has demonstrated the existence of a full-time ability to provide facility development, programming and maintenance capabilities.If this option is selected, please explain on a separate sheet. (Please tab as Exhibit "D"). (4 points) The applicant has other means of'providing facility development, programming and maintenance capabilities. If this option is selected, please explain on a separate sheet. (Please tab as Exhibit "D"). (2 points) Page 8 of 19 FPS-AO33 5. PARK PARTNERSHIP The proposed project is supported through a written cooperative agreement between the applicant and a private or public entity in which said entity agrees to furnish 10% or more of the cash, land, or labor services for the project with the applicant holding the leading management responsibility. ~ Yes X No I£"Yes" please submit a copy of the cooperative agreement. Written agreement must be executed by the end o£the submission period. (Please tab as Exhibit "E") (3 points) II. DEVELOPMENT CRITERZ4 (COMPLETE ONLY FOR DEVELOPMENT PROJECTS) 1. NEW DEVELOPMENT List the existing facilities/improvements on the project site. [nclude such improvements as baseball/softball fields, basketball courts, trails, boat ramps, etc. (Bullet lists are encouraged) (5 points) · Balifields with Batting Cages, Bleachers, Concessions and Pressbox · Outdoor Pool with Bathhouse and Restrooms · Lighted Tennis Courts · Lighted Raquetball Courts · Basketball Courts · Picnic Tables · Recreation Center (Basketball, Auditorium, Kitchen, Stage, Library, Gym) · Parking 2. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK DEVELOPMENT FACILITY NEEDS IN THE STATE OF FLORIDA A. List the facilities which are addressed on page 5 of this application which are identified in the priority ranked index clusters of outdoor facilities needs for renovation and/or new construction identified within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of Local Government Recreation and Park DevelOpment facility Needs in the State of Florida", effective date December 1995. (See attached pages 12-19for Priority Ranked lndex Clusters. A project facility not listed in the priority ranked indexes will receive a score of a similar facility included in the indexes, as determined by the Department staff.) (Maximum 30 points) Population Density 4 · Field # 3 (New construction and Lights) · Field # 2 (Replace Lights) Page 9 of 19 FPS~AO33 B. Does the proposed project, in whole or in part, address the highest priority of infrastructure funding needs for the applicant's population density as set forth in the study titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GO VERNMENT RECREATION AND PARK DEPARTMENT FA CILITY NEEDS IN THE STATE OF FLORIDA". Use the table below to determine in to which priority funding need ranking the project falls. (Check ONLY one): Yes (Field # 3 - New Construction ) Highest Priority Funding Need (13 points) ._ Second Highest Priority Funding Need (8 points) I Construction 87.7 2 Renovation 84.0 1 Renovation 86.9 2 Construction 79.8 1 Construction 88.8 2 Renovation 76.7 I Construction 93.8 2 Renovation 91.8 .'POlltllatio#OellSilllS'Po latio#IO0,O00 Rank Funding: : Index 1 Renovation 97.4 2 Construction 82.2 Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Development Facility Needs in the State of Florida Page I0 of 19 FPS-AO33 III. ,,ICQUISlrlON cglrERtq (COMPLETE ONL¥ FOR.qCQUISlrION PROJECTS) N/A 1. INFRASTRUCTURE ASSESSMENT Or LOCAL GOVERNMENT RECREATION AND PARK DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA - List all the facilities which will be developed for this project. Only facilities identified in the top three priority ranked index clusters of outdoor £acilities needs £or new construction identified within the applicant's population density as set forth in the Department's study entitled "Infrastructure Assessment of' Local Government Recreation and Park Department Facility Needs in the State o£Florida", effective December 1995, will receive these points. (Priority ranked index clusters are attached as pages 12-16.) (15 points) 2. NEEDED RECREATIONAL ACREAGE Describe how the project provides for identified need(s) for additional park acreage pursuant to the applicant's adopted local comprehensive plan. (15 points) 3. CAPITAL IMPROVEMENT PLAN A. Is the proposed development of the property identified in the applicant's capital improvement plan (CIP) or schedule during the current or next three (3) fiscal years? (6 points) Yes No B. Is the proposed development of the property included as part of the plan through an adopted resolution committing the applicant to amend their CIP and develop the property should it receive program funds? (3 points) Yes No If "Yes, "provide a copy of the five-year capital improvement schedule included in the applicant's adopted Local Comprehensive Plan -- OR -- a copy of a resohttion amending the existing schedule to include the development of the proposed project. The capital improvements schedule must clearly indicate the development of the proposed project. Please highlight projec! name, amount and year. (Please tab as Exhibit "A") pagell of 19 FPS-Aa33 MEMORANDUM TO: David T. Harden, City Manager FROM: Douglas G. Randolph, Training and Development~,Hanage~~. ~ THRU: Edward ~]. Gusty, Director of Human Resources /~ DATE: September I, 1998 SUBJECT: REQUEST CITY COMMISSION APPROVAL TO RENEW THE TRAINING AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH Our annual agreement needs to be renewed for the period July 1, 1998 through June 3;0, 1999. As you are aware, this agreement allows the City to continue to provide high quality educational training including computer software training to our employees at a reasonable cost. There will be cost increases over last year. The computer software classes will increase from $40.00 to $75.00 for the 16 hours of training. The wellness classes will increase from $4.00 to $6.00 and the employee development classes will increase from $10.00 to $15.00 for the 4 hour classes. Susan Ruby has reviewed the agreement and finds it sufficient as to legal sufficiency and form. Upon your approval, please place this item for Commission approval on the September 15, 1998 Commission meeting agenda. attachments: doc/school Agenda Item No..- ~ .~' AGENDA REQUEST Date: September 1, 1998 Request to be placed on: XX Regular Agenda (Consent) Special Agenda Workshop Agenda When: September 15, 1998 Description of item (who, what, where, how much): Request City Commission approva1 ~p renew the Trainin~ A~reement between the School District of Palm Beach Cm,,nty ~nd the City Of Delray Beach for the period July 1, 1998 thru June 30. 1999 (Example: ..Request from Atlantic High School for $2,000 to fund project graduation). ORDIHANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Approval (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~T Department Head Signature: City Attorney Review/ Recommendation (if a he City Attorney has reviewed.~and approved the A~reement. Budget Director Review [required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review:' Approved for agenda: ~/NOHold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM 98 ~U~ 27 P,~ I:.: 30 /Hm, AN R[SOURC£S Susan Ruby, Ci~ A~orney F~:T) Doug Randolph, Training and Development Manager THRU: Edward ]. Gus~, Director of Human Resource]L DATE: Au~st 26, 1998 SUBJECT: SCHOOL BOARD AGREEMENT- VO~TIONAL EDU~TION PROG~MS ! have provided you with a copy of the agreement between the School Board of Palm Beach County and the City of Delray Beach. As you are aware, this agreement allows us to continue to provide educational training to our employees at a reasonable cost. There appears to be no changes noted in the wording or the conditions of the Agreement from last year. After your approval, I will submit an agenda request for City Commission Approval at the September 1 5th. meeting. attachments doc/yep AUG 2 6 1998 AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND CITY OF DELRAY BEACH -~ - FOR VOCATIONAL EDUCATION PROGRAMS This agreement is entered into between the City of Del_ray Beach hereinafter referred to as the "AGENCY", and The School District of Palm Beach County hereinafter referred to as the "PROVIDER" which are the parties hereto. For and in consideration of the mutual covenants contained herein, the sufficiency of which the parties acknowledge, the parties to this agreement agree as follows: I. Scooe of Servk;~ The PROVIDER will provide vocational education programs for students of the AGENCY. II. The PROVIDER Aqree~ to: A. Provide a liaison for all vocational education activities between the PROVIDER and the AGENCY. B. Provide qualified and certified vocational instructors for each course. Addendum B is hereby incorporated as part of the agreement. 1. Whenever possible provide a qualified substitute instructor in the case of absence of the regularly assigned vocational instructor. 2. Require instructors to assume instructional responsibility for students in their classes. C. Share the achievement records of the assigned students in the courses with the AGENCY. D. Provide and prepare an instructional schedule for teachers and students which will conform to the needs of both the PROVIDER and the AGENCY. E. Not discriminate against any students or employees because of race, color, religion, sex, national origin, madtal status,age, ancestry, sexual orientation, or disability. F. Submit any vocational education reports as required by the Flodda Department of Education. III. The AGENCY Aarees to: A. Provide a liaison to coordinate and supervise vocational education activities between the PROVIDER and the AGENCY. B. Provide the minimum number of eligible students, with input from the PROVIDER, to achieve and maintain the required membership for each course. C. Review the continued eligibility of selected students for participation in the vocational education programs with input from the PROVIOER. D. Provide agency orientation for the PROVIDER'S vocational instructional staff. E. Provide proper and adequate facilities and standard utilities including water, lights, phones, heating, and air conditioning for all classes. F. Provide needed AN equipment, copier services, student materials, consumables, laboratory materials, and textbooks as requested by the PROVIDER. G. Provide janitorial and maintenance services for all AGENCY based classroom and shop/lab facilities. H. Provide staff and support services for timely, appropriate and adequate screening, counseling, and follow-up services to students. I. When applicable, provide and maintain clerical support for the _full-time vocational education program staff. -2- J. Provide any vocational education reports needed by the PROVIDER and as required by law. K. All asbestos and lead work must be completed in accordance with the findings and recommendations of the School District's Environmental Audit and with all applicable federal, state and local regulations. In addition, the School Distdct must be notified prior to the start of any such work and reserves the -~ dght to retest the areas in question to confirm proper-environmental cleaning procedures were used. IV. Both Parties Aqree That; A. Responsibility for day-to-day coordination and supervision of the vocational education program shall be vested in the AGENCY'S liaison of education. B. The AGENCY'S liaison of education may participate with the PROVIDER in recommending instructional personnel. C. Through their designated representatives, both parties shall collaborate in the development of policies and operational procedures for the efficient management and operation of the vocational education programs, in accordance with the PROVIDER contracts for PROVIDER personnel. D. The performance of obligations hereunder shall be in accordance with all applicable laws, rules, and regulations now or hereinafter in effect. E. This agreement will be governed and construed in accordance with the laws of the State of Florida. F. No amendment to this agreement shall be valid or enforceable unless submitted in writing and executed by duly authorized representatives of both parties executing and entedng into this agreement. G. If either party terminates for convenience herein, they shall not be liable for breach of contract, loss profits, or other such damages consequential or inconsequential. H. Both PROVIDER and AGENCY are subdivisions of the State. Notwithstanding anything to the contrary contained herein, the total liability of PROVIDER and AGENCY under this agreement for negligent acts or omissions of PROVIDER or AGENCY, their agents and employees shall be subject to the limitations and procedures set forth in Section 768.28, Florida Statutes. -3- Doug... Randolph/Fra.~ Rynr'~r~. (Fi~ei~ designated AGENCY liaison of education and is responsible for enforcing performance of this agreement's terms and conditions and shall serve as a liaison with the specialist of the PROVIDER, and shall approve all invoices prior to payment. The AGENCY liaison of education will also be required to meet with the PROVIDER at least once during tl~e agreement period to review the services rendered. This agreement shall be effective 07/01/gg_, and shall remain in effect through 06/30/'99. Should one party fail to conform to all material conditions provided herein, the other party may, at its option, cancel this agreement upon 30 days written notice. Dated this __ day of ,19 THE SCHOOL DISTRICT OF CITY OF DELRAY BEACH PALM BEACH ~QI~NTY. Florida Agency By By, Agency Administrator Paulette Burdick, Chairman (SEAL) Attest Attest Joan P. Kowal, Superintendent Approved as to forr0:.~d Reviewed and · City AttOrney L7 -Atto~ey ~ Addendum B SCHOOL DISTRICT SUPPLIED INSTRVCTION P~ART-TIME PROGRAMS AGENCIES requiring a School Distdct instructor to provide classroom training will agree to: 1. Provide matriculation fees to the PROVIDER as set by the Florida Legislature. MEMORANDUM To: David T. Harden City Manager From: Joseph M. SafX'f'O~~-- Director of Financ~ Subject: Banking Services Contract Date: August 19, 1998 The City's banking services contract with Barnett Bank is up for renewal September 30, 1998. Barnett Bank has agreed to extend the present contract for an additional two year period to end September 30, 2000 with an option to renew for up to two additional twelve month periods. Pricing would remain the same through September 30, 2000. These fees would be reviewed prior to each option period. Either party has the option to terminate the contract upon 120 days written notice. Barnett Bank, as you may know, will be officially merged with NationsBank on October 9, 1998. We have been advised that Bank of America will take over NationsBank approximately a year after this point in time. Even though the bank has undergone some changes, our lead contacts have remained the same providing us with the same high level of service. Cash management representatives have been working with us to ensure a smooth transition at no cost to the City. We feel the City would do well be extending the contract since we would be locking in the present fees for a total of seven years. We anticipate maintaining the same high level of service at prices competitive with this market and, therefore, recommend continuation of this contract. The agreement has been reviewed and approved by the City Attorney's office. c: Rebecca S. O'Connor, Treasurer Agenda Item No.: AGENDA REQUEST Date: AuEust 18, 1998 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: 9/!5/98 Description of agenda item (who, what, where, how much): ~ ranc-~: thc contract for up O~I~4CE/ ~SOLUTION ~QUI~D: yES/NO Draft Attached: YES/NO Recommendation: . Approve the above. Determination of Consistency witg~mprehensive~~P'a'n: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure Funding available: ~...~/ ~O FY 98-99 Funding alternatives: (if applicable) Account No. & Description: 0~1 1511 ~]q ~] Qm v~n~o m~h~ ~fe~e. Svc. Account Balance: AA] 5~9 536 31 90 UTB- Other Profess. Svc. City Manager Review: soft balances Approved for agenda: ~ NO ~,~,~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved FIFTH AMENDMENT TO THE BANKING SERVICES AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND BARNETT BANK OF PALM BEACH COUNTY THIS AMENDMENT, made and entered into this ~ day of , 1998 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, (hereinafter referred to as "City"), and Barnett Bank of Palm Beach County and its successor (hereinafter referred to as "Bank"). WHEREAS, the CITY and the BANK previously entered into a Banking Services Agreement dated April 12, 1988 ("Agreement") which was extended until October 1, 1992; and WHEREAS, the CITY and the BANK entered into four amendments to the contract dated January 7, 1993, October 14, 1993, November 3, 1994, and August 14, 1996; and WHEREAS, the parties hereto desire to revise certain provisions of the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual obligations of the parties as set forth in the Agreement and as set forth below, the parties agree to amend the Agreement and is hereby revised to read as follows: 1. Section I of the Agreement is hereby revised to read as follows: I. BANKING AND TRUST SERVICES; TERM OF AGREEMENT The BANK agrees to provide the banking services to the CITY as set forth in this Agreement for a period of two years, commencing October 1, 1998 and terminating on September 30, 2000. The Agreement may be extended beyond the contract term for up to two additional twelve (12) month periods by mutual written consent. Either party shall have the option, however, to terminate the contract without cause upon giving 120 days advance written notice to the other party. 2. Section I1. Paragraph A. 1. of the Agreement is hereby revised to read as follows: The charges outlined in the cost of banking services proposal as stated in Exhibit "A" to this Amendment shall remain unchanged effective October 1, 1998 through September 30, 2000. Pricing will be reviewed at the end of this period. Additional services not listed in Exhibit "A" which the BANK provides to the CITY will be agreed upon at the time the service is implemented. FDIC insurance fees are subject to adjustment if increased or decreased by FDIC by the amount of the change. Negative collected balances are calculated daily by FDIC and charged at a rate of prime plus two percent. 3. Section V, Paragraph C, is hereby revised to include the following paragraph: 3. Alternative Investment Account -The minimum investment is zero. The interest rate is based upon the Barnett Bank's Federal Funds rate less 25 basis points. 4. That all other terms and conditions of the Agreement dated April 13, 1988 between the parties and the Amendment dated November 3, 1994, except as may be in conflict with this Amendment, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto entered into this Amendment as of this day and year first above written. WITNESS: BARNETT BANK (Signature ~f Witness) (Signature printed or typed) (Signature printed or typed) (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The forego,ng ,nstrument was acknowledged before me th,s ~ day o~ ~g~ I~F , 1998, by ~1 LvN~ m~i (name of officer or agent, title~ of o~icer °r agent), of Barnett Bank ~f Palm Beach County, a national corporation, on behalf of the corporabon. ~/She ~ F~r .... al,~ ........... has produced ¢ L ~~ ~as identification. S~nature ~ota~ Public A~EST: CI~ OF DEL~Y BEACH, FL By:. City Clerk Jay Alperin, Mayor Approved as to Form and Legal Sufficiency: ~ity ~ttomey EXHIBIT A LIST OF SERVICES UNIT COST FDIC Insurance .160 BASIC SERVICES Account Maintenance 9.000 Deposits Credited .300 ACH Deposits Credited .300 Items Paid .130 ACH Items Paid .130 ITEMS DEPOSITED SERVICES ON US .035 Clearing House .035 Other Florida .045 Non-Florida .060 ACH SERVICES ACH Maintenance 30.000 FED Surcharge/Credits .010 ACH Item Returned 3.000 ACH Items .100 Data Transmission 5.000 CASH SERVICES Cash Deposit per $1,000 0.000 Standard Coin Bag Deposited 0.000 BKANCH CASH SERVICES Cash Deposit per $1,000 0.000 Change Orders 0.000 Rapid Business Nite Deposit DSC 0.000 DEPOSIT SERVICES Items Returned 3.000 Rerun Items 2.000 Encoding Deposits ON US items .035 Local Clearing House items .035 Other Florida items .045 Out of State items .060 INVESTMENT SERVICES Sweep Investment Services 0 000 Control Disbursement 0.000 RECONCILIATION SERVICES Deposit Recon-maintenance 40.000 Partial Recon-maintenance 15.000 Fine Sort per Item 0.000 Deposit Retort per Item .100 RECONCILITIATION SERVICES CONTINUED Partial Recon per item .045 Reconciliation rejects .150 Full Reconciliation Maintenance 40.000 Full Recon per item .050 Diskette 5.000 Data Transmission 5.000 TRANSFER SERVICES Internal Transfers 0.000 TBA ATS System 60.000 WIRE TRANSFER SERVICES Telephone Notification 0.000 Domestic Wire-Incoming 6.000 Domestic Wire-Outgoing 6.000 ACCESS II/ENCORE Site Fee 25.000 First Account 10.000 Additional Account 10.000 Detail Items Stored .080 SAFEKEEPING Safekeeping per, Item .010 Safekeeping per Original 5.000 ELECTRONIC POSITIVE PAY Positive Pay - No Recon, Maintenance 50.000 Positive Pay - No Recon, Items .020 Full Positive Pay Maintenance 50.000 Full Positive Pay Items .050 Partial Positive Pay Maintenance 50.000 Partial Positive Pay Items .045 PERFECT VIEW (CD ROM): CD ROM Maintenance 25.000 CD ROM Items .020 CD ROM Disk 10.000 OTHER SERVICES CoUrier/Delivery Charge per Month 290.000 Stop Payments 0.000 Banking Supplies At Cost Postage At Cost ALTERTERNATIVE INVESTMENT FEE 25 Basis Points Off Fed Funds Rate MEMORANDUM TO: DAVID HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~/'~ FROM: NANCY DAVlLA, HORTICULTURIST ~ RE: AMENDMENT TO REIMBURSEMENT GRANT AGREEMENT FOR LAKE IDA ROAD BEAUTIFICATION BETWEEN CONGRESS AVENUE AND SWINTON AVENUE (R-97-387-D) DATE: AUGUST 28, 1998 ITEM BEFORE THE COMMISSION The item before the Commission is consideration of approval of an amendment to the reimbursement grant agreement in connection with Lake Ida Road beautification which would extend the completion date for the submittal of all supporting documents by the City of Delray Beach for the reimbursement of funds by Palm Beach County. BACKGROUND On April 1, 1997, the City of Delray Beach and Palm Beach County entered into a Financial Assistance Agreement providing for partial funding ($49,800) of the installation of beautification improvements along Lake Ida Road, between Congress Avenue and Swinton Avenue. The agreement required that the project be completed and all supporting documentation for reimbursement be submitted prior to June 30, 1998. The reimbursement request was inadvertently delayed until after the June 30, 1998 deadline. The County has indicated they are not able to extend the completion date administratively, although reimbursement can still be obtained by an amendment to the grant agreement approved by both the City Commission and the County Commission. The County has forwarded the proposed amendment to the grant agreement which provides for an extension for reimbursement until June 30, 1999. RECOMMENDATION Staff recommends the City Commission give favorable consideration to the proposed amendment to the Financial Assistance Agreement for the City of Delray Beach Lake Ida Road beautification, to allow for an extension of the request for reimbursement until June 30, 1999. AGENDA REQUEST Agenda request to be placed on: __ Regular __ Special ~ Workshop t~C°nsent When: Descrintion of Agenda Item: Ordinance/Resolution Required: Yes / o~ Draft Attached: Yes / No Recommendation: ~2y.~t.~ Department Head Signature:~ ity. Attome~ Review/Recommendation (if applical~le) 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: for agenda:~/~7~g2/No Approved Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved m 7/96 August 25, 1998 Department of Engineering Nancy Davila, Horticulturist and Public Works City of Delray Beach Po. Box ZlZ2O 100 N.W. First Avenue West Palm Beach, FL 33416-1229 Delray Beach, FL 33444 (561) 684-4000 RE1 Amendment to Reimbursement Grant Agreement (R-97-387-D) for http:tlwww, copalm-beach.fl,us Lake Ida Road from Congress Avenue to Swinton Avenue. Dear Ms. Davila: · This letter is in response to your letter dated July 29, 1998 to G. Haney Frakes, Assistant County Engineer, inquiring if the subject Agreement could be extended administratively to allow the City to submit supporting documentation and request va~ Beach, County payment. Unfortunately, the terms of the Agreement allow it to be modified only m,a,~ of county by written instrument, hence an Amendment will be needed. Commissioners Attached are four (4) original Amendments to the subject Agreement extending Burr Aaronson, Chairman the completion date one (1) year. Because of the amount of paperwork involved Maude Ford Lee. Vice Chair we do not recommend any extension of less than one (1) year. Please forward these Amendments to the proper person in your organization to schedule this Karen T. Marcus Amendment for ratification by the City Commission. Then return all four (4) originals to me so the Amendment can be scheduled for ratification by the Board Carol A. Roberts of County Commissioners (BCC). After signing by the Chairman, I will return Warren H. Newell one (1) original to the City for its records. Mary McCarty We are also reviewing the payment request and documentation you sent for this project. If any further documents are required, we will communicate directly with }~en L. r~ster yOU to obtain them. This will allow us to get pre-approval for the City's payment request from the Engineering Fiscal Section and process it immediately and forward it to the County's Finance Department for payment once the Amendment is a ratified by the BCC. County /Mlministrator If yOU should have any questions of Traffic Engineering please contact me or Jim Robert Weisman. P.E. Tuttle at 684-4030. Y ENGINEER Specia~/P~ects Coordinator - Traffic Division ASVAT:meo ~An Equal Opportunity Affirmative Action Employer' ~ printed on recycled paper August 25, 1998 page 2 Attachment: Four original Amendments; one (1) copy Resolution R-97-387-D. pc: G. Haney Frakes, Jr., P.E., Assistant County Engineer Evelyn Allen, Director, Administrative Services Division Malissa Booth, Executive Director, Beautiful Palm Beaches, Inc. David Harden, City Manager, City of Delray Beach File: Municipalities - City of Delray Beach Roads o Lake Ida Road Landscaping - Beautiful Palm Beaches H:\..\jat\96-97.1sc\agr-ltr3.del I ~~ TO FIN~CI~ ASSIST~CE A~RE~ DAT~ APRIL 1, 1997 2 FOR ~E CI~ OF DEL~Y B~CH ~E iDA RO~ B~IFI~TION 3 ~IS ~~ i~ ~de to the Financial Assistance Agre~ent 4 dat~ April 1, 1997, by and between the CI~ OF DEL~Y, a ~icipal 5 co~oration of the State of Florida. hereinafter 'CI~e, ~d P~ 6 B~CH CO~, a political s~division of the State of Florida, 7 hereinafter ~CO~·. 8 W I T N E S S E T H: 9 ~ER~S, on April 1, 1997, the CITY and the CO~ entered 10 into a Financial Assistance A~re~en~ (R-97-387-D) providin~ for 11 partial f~din~ of ins~allation of beautification i~rov~ents, 12 hereinafter "I~ROV~E~S', alon~ Lake Ida Road from Congress 13 Avenue to Swinton Avenue~ and 14 ~ER~S, the CI~ is ~dertakin~ the installation of the 15 I~RO~S, alon~ the COPY'S Lake Ida Road from Congress Avenue 16 2o Swinton Avenue~ and 17 ~ER~S. the City completed the IMPRO~S in ~he 18 Spring of 1998 and inadvertently delayed fo~arding the paten= 19 re.est and suppor~in~ doc~ents ~til after the re~ired 20 completion date of the IMPRO~E~S~ an~ 21 ~, the CO~ believes that such efforts are in 2he 22 best interes~ of the CI~ and the CO~ and therefore wishes to 23 support that effort by extendln~ ~he time for providin~ the 24 rei~urs~ent contribution for fifty percent (50%) or a ~~ of 2~ FOR~-NI~ ~OUS~ EI~ ~D an~ 00/100 DOL~S ($49.800) to 26 the CI~ for the installation of the IMPRO~S~ and 27 ~EREAS, on April 1. 1997, the CO~ approved a $49,800 -1- I Financial Assistance Agreement (R-97-387-D) with the CITY that 2 provided for a completion date o£ June 30, 1998; and 3 NOW, THEREFORE, in consideration of the mutual covenants, 4 promises, and agreements herein contained, the parties agree as 5 followsz 6 1. The above recitations ars true and correct and 7 incorporated herein. 8 2. The Financial Assistance Agreement (R-97-387-D) dated 9 April 1, 1997, by and between the CITY and the COUNTY, is 10 hereby amended to revise paragraph 8 as follows: 11 8. All installation of these IMPROVEMENTS shall be 12 completed and final invoices submitted to the 13 COUNTY no later than June 30, 1999, and the COUNTY 14 shall have no obligation to the CITY or any other 15 entity or person for any cost incurred thereafter. 16 3. It is the intent of the parties hereto that this 17 AMENDMENT shall not become bindinguntil the date executed by 18 the Board of County Commissioners of Palm Beach County. 19 4. All other provisions of the Financial Assistance Agreement 20 (R-97-387-D) dated April 1, 1997, shall remain in full force 21 and effect. 22 (INTENTIONALLY LEFT BLANK) -2- I IN WITNESS WHEREOF, the parties have executed this Agreement 2 and it is effective on the date first above written. CITY OF DELRAY, PALM BEACH COUNTY, FLORIDA, BY BY ITS CITY COMMISSION ITS BOARD OF COUNTY COMMISSIONERS CITY SEAL COUNTY SEAL ? ~4AYOR CHAIR~V~T 8 ATTEST= ATTEST= 9 DOROTHY H. WILKEN, CLERK 10 By: By: 11 CITY CLERK DEPUTY CLERK 12 APPROVED AS TO FORM AND APPROVED AS TO FORM AND 13 LEGAL SUFFICIENCY LEGAL SUFFICIENCY 14 By: By: 15 CITY ATTORNEY ASSISTANT COUNTY ATTORNEY 'i -3- 1197 )87 D FINANCIAL ASSISTANC~ AGReEMeNT FOR CITY OF D~LRAY BEACH hAKE IDA ROAD BEAUTIFICATION THIS INTERLOCAL AGREEMENT is made and entered into this day of , 199 , by and between the CITY OF DELRAY BEACH, · municipal corporation of the State of Florid&, hereinafter "CITY, · and PALM BEACH COUNTY, · political I~lViliOn Of the State of Florida, hereinafter "COUNTY., 8 W I TNE S S B TH= 9 WHEREAS, the CITY is undertaking the installation of 10 beautification improvements, hereinafter "improvements,, along Lake 11 Ida Road from Congress Avenue to Swinton Avenue~ and 12 WHEREAS, these improvements will be installed &long the 13 County's Lake Ida Road right-of-way~ and 14 WHEREAS, the COUNTY believes that such efforts are in the best 15 interest of the CITYand the COUNTY and therefore wishes to support 16 that effort by providing a reimbursement contribution for fifty 17 percent (50%) or a maximum of FORTY NINETHOUSAND EIGhT HUNDRED and 18 00/100 DOLLARS ($49,800.00) to the CITY for the installation of the 19 improvements~ and 20 WHEREAS, after install&riCh, the CITY will be responsible for 21 the maintenance of the improvemente~ and 22 WHEREAS, the CITY and COUNTY now wish to enter into an 23 agreement to provide for the COUNTY"I contribution toward the 24 funding of the improvements~ and · :. 25 WHEREAS, the COUNTY has established funding in its budget to 26 fund this request. .. -1- cz~ ~s~u~ suez t~z zz~ ao~o su~zrzc~zo~ 1 gO~, ~REFO~, Ln cons~der&~on o~ ~he mu~u~X coven. S., 2 p~omises, ~d agre~en~n herein con~ained, ~he pa~ies agree as 3 ~ollows ~ 4 5 ~e CO~ gran~e to the Cl~ ~ ~o~ not to exceed FOR~ 7 fif~7 percen~ (50~), whichever il leas, o~ the coo~ o~ the initial 8 ins~alla~ion, ~o be used exclusively for beau2ifica2ion along Lake 9 Ida Road from Congress Avenue to Swin~on Avenue, hereinafter 10 11 1. ~e CO~ agrees ~o pay ~he CI~ the 12 ~n paragraph I ~ove for costs associated with ~nstalla~on of 13 landscaping ~d/or irrigation for ~he project ~d 14 costs associated with pe~i~ting, desi~ fees, other professional 15 fees, printing, ~int~ce ~d hardscape ~prov~en2s (curb, paver 16 bricks, etc.). ~ ~ception is aha= rei~urs~le costs ~y ~nclude 17 the ~nt~ce cos~s for ~ est~l~s~en2 period not ~o exceed 180 18 days from ~he date of original installation. ~ere necessa~, tree 19 grates ~y also be considered as a ~ch~ng cost. After the 20 COPY's final inapection of the project, 2he CITY shall fu~ish 21 ~he Assistant Co~y Engineer of the CO~s Depar~en~ o~ 22 ~gineer~n~ ~d ~lic Works w~h re~ests for pa~t supported 23 invoices or such other doc~entat~on which is accept~le in fo~ 24 and detail to 2he CO~ to provide for verification ~hat the 25 se~lces ~d/or' ~er~als have been perfo~ed ~d received by the 26 CI~. ~y in-kind ~terials ~d/or l~r which i~ included as part 27 of the ~tch~ng coltl must be reason~ly doc~ented. Also, with 28 the final re,est for pa~ent, ~he CI~ a~rees to provide a -2= 3 o~ ~ho co~e~od 4 2. ~e CO~ shall have no obliga~ion ~o ~ho Cl~ oF 5 o~heF en~l~F or person ~n excess o~ ~he ~ p~ov~de~ 6 ~m~agraph ~. ~ 3. ~e CI~ agrees ~o ass~e all responsibility ~or desi~, 8 bidding, con~ract prepara~ion, ~d con~rac~ a~n~stra~ion ~or 9 P=o~ec~, including pa~on~(o) to con~rac~or(s), pursu~ ~o all 10 applic~le sta~e ~d CO~ laws and CI~ re~lations, ~e CI~ 11 agrees to install ~he ~prov~ent8 s~st~tially in accord~ce with 12 the plus. specif~cations ~d cos~s as s~mi~ed in the July, 1996 13 application package ~o Beautiful Palm Beaches, Inc. 14 Palm Beach Co~ty will have ~he final dete~tnation of the 15 oligibili~y for rei~urs~en~ of any chango~. 16 variations from the s~t~od plus shall re,ire prior 17 approval from 2he Cowry Engineer~s Office. The final 19 Landscape Architec~ e~erienced in roadway plantin9 and 20 with the CO~'s Streetscape St~dards Manual, ~d shall comply 21 with the CO~e pe~tting 22 4. ~e CI~ will obtain or provide all l~or ~d 23 necessa~ for the ins~allation of improv~en2s ~der the Pro, eot. 24 ~e mintm~ re~ir~en~ for pl~ stock is Florida Grade N~er 25 or better and mus~ be so specified on plus, as per 26 Depar~ent of Agriculture Consist Se~lcee Orade~ s.~ 27 for Nurse~ Plant- (most current edition). ~il re~ir~en~ 1 ~nginee~ (~u~h a~ ~he Co~ ~o~e~e~). Pa~ Beach Co~ rill 2 have ~he final de~e~na~ion o~ eligibA1i~M fo~ rei~ura~ 4 6. ~e Cl~ agrees bo be responsible for ~int~ee ot 6 7. ~e CI~ shall be solely responsible ~or obtaining ~d 7 co, lying vi~h all necessa~ pe~ts, approvals, ~d authorizations 8 re,ired ~or 2he const~ction ~d s~se~ent ~inken~ce o~ the 9 project ~rom ~ ~ederal, state, regional, or co~ agency. 10 e. All fnstillakion o~ ~ese ~rov~s shall be 11 and final invoices s~tted to the CO~ no later th~ ~e 30, 12 1995, ~d ~he CO~ shall have no obligation to the C~ or any 13 other en~i~y or person for any cost incurred therea~2er. 14 9. ~e C~ rec~izes ~ha~ it is ~ indep~d~2 con~ractor, 15 and not ~ a~ent or se~t o~ the CO~ or its Board o~ Co~ty 1~ Co~ssionere. In the event a cla~ or lawsuit is brought against 28 her~y agrees to fnd~f~y, save and hold ha~ess the CO~, its 19 o~Eicere, ~loyees, ee~te or agents ~d 2o de~end said persons 20 from any such claims. Ii.fifties, causes of action and Jud~ente 21 of ~y t~e whatsoeve= arising out of or relating ~o the 22 of the improv~ents or ~he perforce or operation of this 23 Agre~en~, ~o the ext~t pe~tted by law. ~e CI~ agree~ to pay 25 officers, ~ployeee, lemurs or agents fn co~ectfon with such 27 that t~e extent of t~e C0~,~ l~ilit~ pu=.u~t 2S Agre~ent ~all be limited aole17 to its a~o=~ent~onea -4- 1 obliga~ion. No~hing oon~ained herein, h~ever, shall ac~ aa a 2 waiver o~ ~M of ~he CX~ or CO~'s i~l~iee provided for 3 Section 7~8.28, Florida Statutes. 4 lO. In ~he even~ o~ ~e~ina~ion, the CX~ ehall no~ be 5 relieved o~ li~ility ~o the CO~ ~or d~e~ euabained By the 6 CO~ by virtue o~ ~y Breach o~ the contract by the CX~ ~d the 7 CO~ ~y wit~old ~y pa~en~ to the CX~ ~or the pu~o~e o~ met- S off ~til much 21me a~ the exact ~o~t of dab-gee due the CO~ 9 is dete~ined. 10 11. ~e CO~ and the CI~ agree that no person shall, 11 the gro~ds of race, color, sex, national origin, se~al 12 orientation, h~dicap or religion be excluded from 2he benefits o~, 13 or be s~Jected to any fo~ o~ discrimination 14 carried out b~ ~he perfomnce of 2his Agre~ent. 15 12. All notices re~ired to be given ~der this Agre~ent 16 shall be addressed 17 CO~ 18 Palm Beach Co~ty Depar~en2 of 19 Engineering and P~lic Works 20 Attn~ Assistant Co~=y Engineer 21 Post Office Box 21229 22 West Palm Beach, Florida 33416-1229 23 24 CI~ Manager 25 CI~ of Delray Beach 26 100 N. W. Firs2 Avenue 27 Delray Beach, Florida 33444 28 13. ~e parties agree ~ha2 thim doc~ent sets forth the 29 entire agre~en~ between 2he parties, ~d that 2here are no 30 pr~iaea or ~derat~din~s other ~h~ ~hoee s~atea herein. None of 31 ~he provisions, ~e~s, and condition~ con~ained in thAs A~re~ent -5- may be added to, modified, superseded oc otherwise altered except by ~ritten inetru~en~ executed hy the parties hereto. 14. In the event that any portion oE ~hil Agre~t shall be held invalid ~or ~ reason, such ~nvalidl~ shall not r~-inin~ por~ione o~ ~hia ~gre~en~ ~d ~he a~e shall r-~-in in ~ull force ~d 1~. ~ia ~gre~en2 will Be gove~ed B~ the law~ o~ the State o~ Florida. LEFT 2 and it is effective on the date £4~st above wr4tten. 3 CZTY OF DEbRAY BEACH, PALM BEACH COUNTY, F~ORZDA, BY ZTS 4 BY ITS CITY COMMISSION BOARD OF COUNTY COMMISSIONERS ' ' 1~97 3,87 0 7 ATTEST ~ ATTEST ~ 8 DOROTHY H, WII~KEN, CLEP. K . . , ~;. .- · .... ,,,~ ~,..*..f .~ / 11 ~PRO~D AS TO FO~ ~ ~RO~D ~ TO FO~ ~ 12 LE~ SUFFICI~CY hE~ SUFFICI~CY 14 ~"~. CITY ATTORNEY ASSISTANT COUNTY ATT0~NEY 15 Gt\USI~I~alOC3~OIt\I~S0\BGAAO\AaI~-IPIM.¢O4 (Gicemb~r :J0, lJO4) -7- TO: David Harden, City Manager FROM: Lula Butler, Director of Community Improvement J'~ DATE: September 10, 1998 SUBJECT: Interlocal Agreement - Regulating Unlicensed Activity Within the City of Delray Beach ITEM BEFORE THE COMMISSION City Commission consideration and approval of the proposed Interlocal Agreement between Palm Beach County and the City of Delray Beach, to enforce County Ordinance 97-56, which governs construction licensing activity. BACKGROUND The purpose of this Agreement is to allow the Palm Beach County Certification Division to enforce the provisions of 97-56, codified in Chapter 7, Article II of the Palm Beach County Code of Laws and Ordinances, within the City. The City agrees to assist and support the County in enforcement of the provisions of Ordinance 97-56. Such enforcement includes, but is not limited to, issuance of citations against persons who engage in construction activity that requires licensure, as more fully set forth in Section 3 of Ordinance 97-56 ("Issuance of Citation, Administrative Hearing and Penalties"), issuance of citations against locally licensed contractors who engage in activity prohibited in Ordinance 97- 56; conduct hearings before the Palm Beach County Construction Industry Licensing Board or Special Master, and issuance of Cease and Desist Orders to prohibit any person from engaging in the business of contracting who does not hold the required certification or registration for the work being performed. RECOMMENDATION Staff recommends the City Commission enter into this Interlocal Agreement to allow the City to enforce the provisions of the Palm Beach Construction Industry Licensing Board since they are the licensing agency for contractors not covered under the State statute. It will give the City the ability to limit unlicensed contractors from operating, as well as offering our citizens another level of protection against unlicensed contractors. £1TY aF DELAAY BEACH CiTY ATTORNEY'S OFFICE TELEPHONE 561/243-~9~r;~ ~A~I~IL~l~4755 ~ MEMO~NDUM all,~a TO: City Commission FROM: Brian Shntt, Assistant City Attorney SUBJECT: ~estrictiv¢ Covenants Relating to Grant Award ~or the Spad~ ttouse The CRA is the Grant Recipient flor a State Historic Prese~ation Grant in the amount of $150,000.00 concerning the Spady House. The grant Funds will be used Cot the restoration and preservation o~ the house. Prior to issuing the grant, the Division o~ Historical Resources require that the owner and grant recipient execute a restrictive covenant that will ~n with the land t~r the next ten yea~s. The covenant essentially provides that the owner and grant recipient agree to maintain the prope~y in accordance with the Secreta~ o~ the Interior's Standards oC Rehabilitation and that all modifications to the property, other than routine repair or maintenance shall ~st have the approval of the Department's Bureau o~ Historic Prese~ation. Furthermore, i~ any violation oF the restrictive covenant occurs, a portion or all of the grant would be required to be returned to the State. By copy of this memorandum to David Harden, City Manager, our office requests that this agreement be placed on the September 15, 1998 City Commission agenda. Please call i~you have any questions. David Harden, City Manager ~ison Harty, City Clerk Chris Brown, Executive Director CRA cl-a¢Olll. Ill' RESTRICTIVE COVENANTS TH2ESE COVENANTS are entered into this ~ day of ,19__, by ..... hereinafter referred to as the Owner, and Delray Beach Community Redevelopment Agency hczelnai~cr referred to as thc Grant Recipient, and shall be effective for a period often ye.ars from the date of recordation by the Clerk o£the Circuit Court of Palm Beach County, Florida.' WItEREAS, the Owner is the fee simple titleholder of the Property located at 170 N.W. Sth Avenue, Delray Beach, Palm Beach County, Florida, as described in Exhibit A, attached to and made a part hereof and WHEREAS, the Gra~t Recipient is to receive State Historic Preservation Grant assistance funds administered by the State of Florida, Department of State, Division of Historical Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, hereinafter referred to as the Department, in the amount of $150,000.00, to be used for the restoration and preservation of the property of the Owner as described in Exhibit A, and WHE~AS, said State funds have been or will be expended for the purpose of preserving the historic qualities of the property or contributing to the historic character of the district in which the property is located, l~ow THERF-FORE, as part of the consideration for the State grant, the Owner and the Grant Recipient hereby make. and declare the following restrictive covenants which shall run with the tire to said Property and. be binding on the Owner and its successors in interest, if any, for a period stated in the preamble above: 1. The Owner and the Grnnt Recipient agree to maintain the property in accordance with good preservation practices and the Secretary_ of the Interior's Standards for l~,'.h~bilit_n_6on 2. The Owner and the Grant Recipient agree that no modifications will be made to the Property, other than routine repairs and maintenance, without advance review and approval of the plans and specifications by the Department's Bureau of Historic Preservation. 3. The Owner and the Grant Recipient agree that every effort will be made to design any modifications to the Property in a manner consistent with the Secretary. of the Interior's Sts_nd_~ds for R~llabilitation. 4. The Owner and the Grant Recipient agree that the Department, its agents and its design.s shall have the fight to inspect the Property at all reasonable times in order to ascertain whether the conditions of the Grant Award Agreement and these covenants are being observed. 5. The Owner and the Grant Recipient agree that these restrictions shall encumber the property for a period of ten years from the date of recordation, and that if the restrictions are violated within the ten year p~riod, th~ D!:p..artrnent .shall be entitled to liquidated darn~es pursuant to the following schedule: a. If the violation occurs within the first five years of the effective date of these covenants, the Department s~hall be entitled to return of'the entire grant amount. b. If the violation occurs alter the first five years, the Department shah be entitled to return of the entire grant amount, less 10% for each year past the first five. For instance, if the violation occurs after the sixth anniversary of the effective date of these covenants, but prior to the seventh anniversary, the Department shall be entitled to return of 1~0% of the oril~inal l~rant amount. 6. The Owner asrees to file these covenants with thc Clerk of thc Circuit Court of l~aim Beach County, Florida, and shall pay any and all expenses associated with their ~ing and recordln~. 7. The Owner and Grant Recipient agree that the Department shall incur no tax liability as a result o£these restrictive covenants. 2 IN WITNESS WI-IEREOF, the Owner and Grant Recipient have re. ad these Restrictive Covenants and have hereto aflqxed their signatures. WITNESSES: Witness Signature O~ Witness Name Typed/Printed Owner's A~tdres~ Witness Sisnature City State Zip Witness Name TYped/Printed' The State of Florida County of I certify that on this date before me, an ol~cer duly authorized in thc state and county named above to take aaknowledgments, that personally (Name) appeared as for (Officer) (Name of Corporation/Partnership) Imoxvn to m~ to be or who proved to my satisfaction that he/she is the person described in and who executed the foregoing instrum~t. Type of ~dentification Produced F-xecuted and sealed by me at Notary Public in and for The State of My commission expires: 3 Witness Signature GRANT I~CIPH~'~IT Wimess Name Typed/Printed Grant Re~pient's Address Witness Signature City State Zip Witness Name Typed/Primed The State of Florida County of I c~rti~ that on this date before me, an officcr duly authoriz=d in the state and county named above to take acknowledgmcnis, that personally (Name) appeared! as for (Officm'} {Name of Corporation/l~artnership} known to m~ to be or who proved to my satisfaction that ha/she ia the per,on described in and who executed the foregoing instrument. Type of Identification Produced Executed and sealed by me a,*. .... Florida on , 19__. Notary Public in and for The State of My commission expires: _This ' _..m.y/r~m~t. ~ prepared. _under tl~ R.A. Gray Braiding, 500 South Branough'Stn:~, Tallaftasscc, SO BgVd ~0 HDWBE A~]3~ 8SS89L~9S ZI:ZI 866I/I£/80 [lTV OF DELRI:IV BEI:I[H CiTY ATTORNEY'S OFFICE ~oo .~., ^~,..~... ~,.,~^~ ,..^~., ~,.o~,~^ ..~ TELEPHONE 561/243-~";~ ~t L~ 1~[4755 DELRAY BEACH MEMO~NDUM 'llll~''''' DATE: SeptemberS, 1998 TO: City Commissio~ ~993 ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Conditional Permit Agreement with Lake Worth Drainage District This Agreement will allow the City to act as the Licensee for the utility improvements in the Lake Worth Drainage District [,-33 canal right-of-way. The improvements are needed to provide water service to a new development located just north of the L-33 canal. By copy of this memorandum to David Harden, City Manager, our office requests that this matter be placed on the September 15, 1998 City Commission agenda. Please call if you have any questions. cc: David Harden, City Manager Alison Harty, City Clerk Barton Caronite, Asst. City Engineer CONDITIONAL PERMIT AGREEMENT WHEREAS, the CITY OF DELRAY BEACll, hereinafter called Licensee, has requested £rom the LAKE WORTll DRAINAGE DISTRICT, hereinafter called Licensor, a temporary Conditional Permit to construct and maintain the facility described on the attached Exhibit, subject, however, to the tbllowing conditions: The payment by Licensee of the stnn of $300.00. In the event it becomes necessary tbr the Lake Worth Drainage District to expand or fin'ther utilize its hcilities within its right-of-way, the Licensee shall, after reasonable notice (the same not to exceed sixty (60) days), effect such re-installation of the permitted facility as the Lake Worth Drainage District may reasonably require from time to time, so as to allow and not delay the Lake Worth Drainage District canal or right-of-way improvc~nents and further, the Licensee shall maintain in good safe operating condition the facility permitted and involved herein. It is mutually understood and agreed between the parties hereto that this instrument shall never be recorded. This agreement may never be assigned without the written consent of the Lake Worth Drainage District. Upon the full and complete execution of this instrument, the Licensor acknowledges receipt of payment and grants the requested Conditional Permit and Licensee agrees to effect and complete, at no cost to the Licensor, the installation involved herein within sixty (60) days from the date of this instrument. Licensee may, at its sole expense, modify the facility involved and installed herein under the condition that same does not unreasonably intertbre with Licensor's use of its rights-of-way and under the condition that the plans and specifications fbr such modification have been approved in writing by Licensor. Such modification to be accomplished with no further payment to Licensor. No sampling points, corporation stops (air release valves), valve boxes or other appurtenances will be permitted within the Lake Worth Drainage District right-of-way, unless specilically shown and dimensioned on the plans and designed to withstand the normal and routine maintenance of'thc District. Forty-eight (48) hour notice will be given to Lake Worlh Drainage District prior to the commencement of construction activity. Facilities backfilled prior to receiving Lake Worth Drainage District approval will be uncovered for visual inspection. It is not the intention ot'this Permit Agreement to approve of tile construction methods for the installation of the herein approved utility crossing. It shall be the responsibility of the l,icensee's contractor installing tile above-described facility to maintain the continuous uninterrupted I'ree tlow ot' water in the canal. It shall tBrther be tile duty of the Licensee to obtain the approval ol'lhe District ~br any construction methods which would be contrary to the above. The Licensee shall also be responsible tbr the installation of silt screens and/or turbidity barriers as necessary to maintain the clarity of the water. FAILURE TO COMPLY WITH WRITTEN NOTICE OF A VIOLATION OF THIS PARAGRAPIt SHALL, AFTER FIVE (5) WORKING DAYS, AUTOMATICALLY VOID TillS CONDITIONAL USE PERMIT AGREEMENT. Without waiver of limitation, as provided Ibr in Section 768.28, Florida Statutes, and to tile extent permitted by law, the City of Delray Beach shall indemnify and bold harmless the Licensor ti-om and against all claims, damages, losses, and expenses arising out of or resulting from the breach of this Conditional Permit Agreement by the City of Delray Beach, its agents, or employees, or due to negligent act or omission on the part ofthe City of Delray Beach, its agents or employees, o/- due to the City of Delray Beach's use of the facility permitted and involved herein. Licensee shall provide Licensor with all reasonably requested liability insurance listing the Licensor as an additional named insured. The address appearing beneath the Licensee's signature shall, for notice purposes, be considered the permanent mailing address o~' said Licensee, unless the Licensor has been notified ora change of address in writing. IN WITNESS WllEREOF, the parties hereto have hereunto set their hand(s) this __ day ot' , 1998. WITNESSES: LICENSOR: By: President, Its Board of Supervisors (Name Printed or typed) C. Stanley Weaver (Corporate Seal) (Name Printed or typed) ATTEST: By: Its Secretary, William G. Winters IN WITNESS WItEREOF, the parties hereto have hereunto set their hand(s) this __ day of , 1998. LICENSEE: . CITY OF DELRAY BEACH, FLORIDA By: Allest: Mayor By: City of Delray Beach City Clerk 100 N.W. I st Ave. Delray Beach, FL 33444 Approved as to form and legal sufficiel~cy: By: City Attorney Iwdduse.agt 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~I SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF SEPTEMBER 15, 1998 SERVICE AUTHORI ZATI ON #3/DIGBY BRIDGES, MARSH & ASSOCIATES (ORCHARD VIEW PARK MASTER PLAN) DATE: SEPTEMBER 9, 1998 This is before the Commission to approve Service Authorization #3 in the amount of $22,500.00 with Digby Bridges, Marsh & Associates for consulting services in developing a master plan and specifications for improvements to Orchard View Park. The scope of work includes preliminary and final design, preparation of contract documents and construction administration. The fee includes $19,500 for design plus $3,000 for reimbursable expenses. Funding will be from 117-4178-572-61.10 (Recreation Impact Fee - Southwest Park). Recommend approval of Service Authorization #3 with Digby Bridges, Marsh & Associates for the Orchard View Park Master Plan. ref:agmemol3 Agenda Item No. AGENDA REQUEST Date: September 3, 1998 Request to be placed on: X Regular Agenda __ Special Agenda ~ Workshop Agenda When: September 15, 1998 Description of item (who, what, where, how much): Staff request the City Commission approve Service Authorization #3 to Digby Bridges, Marsh & Associates in the amount of $22,500.00 for the development of a master plan and contract documents for Orchard View Park. Services include preliminary design through construction administration. Funding is available from 117-4178-572-61.10, SW Park (School Site S), Capital Outlay. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Service Authorization #3 to Digby Bridges, Marsh & Associates in the amount of $22,500.0 for consultant services in developing master plans for O/~rd. V/~ark/~.,,/~ Department head signature: k..y~-c'~- ~/'---,.,---,,=D ~-~- ,~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r, pqui~ on all items involving expenditure of funds): Funding availabl~O Funding alternatives (if applicable): Account No. & Description 117-4178-572-61.10 SW Park (School Site S), Capital Outlay ~ .~/~ ~?/~ ~ g,o ~/~/?/~,~ ~7')~ ~ , Account Balance City Manager Review: Approved for agenda:(~/NOHold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\97019~agreq915 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Victor Majtenyi ~'" Assistant Construction Manager Date: September 03, 1998 Subject: AGENDA REQUEST for 9/15/98 Orchard View Park; Master Plan Development Project No. 97-019 Attached is an Agenda Request for City Commission to approve a Service Authorization for consulting services in developing a Master Plan for Orchard View Park. This Service Authorization #3 is to Digby Bridges, Marsh & Associates, for $22,500.00 ($19,500 for design; $3,000 for reimbursable expenses) for providing services including preliminary design, final design, contract documents, and construction administration. A copy of the Service Authorization is attached for your review. Staff recommends City Commission approve Service Authorization #3 to Digby Bridges, Marsh & Associates in the amount of $22,$00.00 for consulting services in developing plans and specifications for the improvements to Orchard View Park. Funding is available from 117-4178-572-61.10, SW Park (School Site S), Capital Outlay. cc: Joe Weldon, Director of Parks and Recreation Howard Wight, Deputy Director of Construction File 97-019 (A) s\...\97019~agmem915 CITY OF DELRAY BEACH CONSLrLTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 3 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE /! :7-- ~/i;~-~'~,q - ~/.lo PROJECT NO. c~ 7 - o Ici (CITY) Digby Bridges, Marsh & Associates, P.A. TITLE: ORCHARD PARK - MASTER PLAN SERVICES This Service Authorization, when execmed, shall be incorporated in and shall become an integral part of the Agreements dated March 29, 1996, between the City of Dekay Beach and Digby Bridges, Marsh & Associates, P.A. I. PROJECT DESCRIPTION Develop Master plan for Orchard Park including parking layout and other miscellaneous facilities. II. SCOPE OF SERVICES PHASE I,H. Consultant shall assist the Parks and Recreation Department in developing an approved site plan for Orchard Park by providing the following services: - Programming - Preliminary Design of the Site - Pre 'llminary Landscape Plan - Preliminary Civil Engineering - Preliminary Building (shade structures) - Attend all Meetings with: - Parks and Recreation Dept. SPRAB - Planning and Zoning Board - Technical Review Committee - Fire Department - Neighborhood Committee - City Commission PHASE III,IV. Consultant to supply the following Contract Documems: - Shade structures - Final Site Plan - Final Landscaping - Final Civil Engineering (drainage and paving) - Bid Evaluation PHASE IV. Construction Phase: During the Construction phase the Consultant will do the following: - Periodic site visits during construction - Review and approve shop drawings - Coordinate with the City, General Contractor - Review all change orders and applications for payment made by Contractor EXCLUSIONS: - Surveying Soil testing - Electrical Lighting '.., ? llI. FEES Compensation for the above outlined services shall be as follows: - Phase I thru V $19,500.00 Reimbursable expenses shall be billed as follows: - Phase I, thru V $ 3,000.00 (Estimated fee based on $471,700 budget) for Completion of Work. IV. COMPLETION DATE This service authorization is approved comingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract withom a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Digby Bridges, Marsh & Assoc., P.A. Date: Date ~ By: / '... ~ay Alperin Mayor Wimess Attest: Attest: BEFORE ME, the foregoing instnmaem, this o~" day of/~,~3q'., 199 o° , was acknowledged by gYO. JOt~r }~ ]4~.,~r, Jh on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this ~2S day of ~,4 ~ q-~4- ,199 State of Florida My Commission Expires: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'( SUBJECT: AGENDA ITEM ~-J- REGULAR MEETING OF SEPTEMBER 15, 1998 CLOSEOUT CHANGE ORDER #6 AND FINAL PAYMENT/MOLLOY BROTHERS, INC. (S.E. 4TH AVENUE ROADWAY IMPROVEMENTS) DATE: SEPTEMBER 10, 1998 This is before the City Commission to approve closeout Change Order #6 (final) in the net deduct amount of $380.03 and final payment in the amount of $47,700.00 to Molloy Brothers, Inc. for completion of the S.E. 4th Avenue roadway improvements contract. The closeout encompasses the final contract plus/minus as-built quantity adjustments for the original contract as well as change orders/contract additions 1 through 5. All of the changes and adjustments are outlined on Schedule "A" attached to the change order. The account for the change order deduct is 448-5411-538-63.90 (Stormwater - Other Improvements), while funding for final payment will be from 441-5161-536-63.72 (Water & Sewer Capital Outlay - Bermuda Gardens Drive). Recommend approval of closeout Change Order #6 and final payment to Molloy Brothers, Inc. ref:agmemo7 Agenda Item No.: AGENDA REQUEST Date: September 9, 1998 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: September 15, 1998 Description of item (who, what, where, how much): Staff requests Commission approval for closeout Change Order #6, Final to Molloy Brothers, Inc. on the above referenced Project. It encompasses the final Contract plus/minus as-built quantity adjustments for the original Contract and Change Orders/ Contract Additions 1 - 5. All of the changes/adjustments are per Schedule "A" attached to the Change Order. The amount of Change Order #2 is a net deduct of $380.03. Also attached for Commission approval is an agenda request for final payment to Molloy Brothers, Inc. in the amount of $47,700.00. A Contractor Evaluation is attached for your review. Funding Source is 448-5411-536-63.90 (Stormwater - Other Improvements). $ 380.03 Deduct 441-5161-536-63.72 (Bermuda Gardens) $47,700.00~ Recommendation: Staff Recommends ap/~j~al of Change Order #6, Final and final payment to Molloy Brothers, Inc. //// Department Head Signature: /// ~/~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. &Description 448-5411-536-63.90/441-5161-536-63.72 Account Balance Amount encumbered $47,700.00 .~,~q. O, II City Manager Review: Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9612.doc Memorandum To: David T. Harden, City Manager //) From: Howard Wight, Dep Dir Construction Date: September 9, 1998 Re: S E 4th Ave Roadway Improvements (Project 96-12) Final Closeout Change Order and Payment Request Attached for Commission approval is an agenda request for closeout Change Order #6, Final to Molloy Brothers, Inc. on the above referenced Project. It encompasses the final Contract plus/minus as-built quantity adjustments for the original Contract and Change Order/ Contract Addition I 5. All of the changes/adjustments are per Schedule "A" attached to the Change Order. The amount of Change Order #2 is a net deduct of $380.03. Also attached for Commission approval is an agenda request for final payment to Molloy Brothers, Inc. in the amount of $47,700.00. A Contractor Evaluation is attached for your review. Funding Source is 448-5411-538-63.90 (Stormwater - Other Improvements). $380. o3 Deduct 441-5161-536-63.72 (Bermuda Gardens) $47,700.00 File: Memo to City Manager "''~I'/~// 9612A :finalpay CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 6, Final PROJECT NO. 96-012 DATE: PROJECT TITLE: S.E. 4th Avenue Roadway Improvements TO CONTRACTOR: Molloy Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Final Plus / Minus changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $331,909.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $276,831.83 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $608,740.83 COST OF CONSTRUCTION CHANGES THIS ORDER $ -380.03 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $608,360.80 PER CENT DECREASE THIS CHANGE ORDER -.01% TOTAL PER CENT INCREASE TO DATE 24..69% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Molloy Brothers, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 448-5411-538-63.90 (Stormwater- Other Improvements) DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmenatl Servicesa Mayor ATTEST: APPROVED: By: City Attorney City Clerk Pay Rec !CITY OF DELRAY BEACH S.E. 4th Ave. oa~l-w y Improvements IPROJECT NO. 96-12 CONTRACTOR: Molloy Bros., Inc. 800 N.W. 27 Ave. Ft. Laud. FI. 33311 CHANGE ORDERS APPROVED No. Date ORIGINAL CONTRCT SUM $ 331,909.00 I Frederick Blvd. July 15, 1997 $ 49982.50 APPROVED CHAN~E 0F~-ERS $,, 276,831.83 2 Changes Schedule" A" $ 31622.14 TOTAL TO DATE ] $ 608,740.83 3 Lake Ida Sewer Repairs $72704.00 TOTAL COMPLETE TO' i~ATE $ 608,360.80 4 Sandoway & Ingraham Park $7__4_822.-5-0-- Reta. in_a_g_e- ~-~' -~- . '..i_~['i"-'6~/~- $ - 5 Bermuda Gardens Drive June 17, 98 $ 47700.00 TOTAL LESS RETAINAGE L $ 608,360,80 TOTAL PREVIOUS PAYMENTS $ 560,660.80 ....CURRENT PAYMENT DU~.._ $ 47,700.00 BALANCE INCL. RETAINAGE AMOUNT CERTIFIED PAYMENT REQUISITION NO: 6 ...... PERIOD TO: 8/19/98 Molloy Bros., Inc. _ .......... ~i~t~Y_°.f Delra~;'Beach, Envr. Serv~ Dept. _ 800 N.W. 27 Av.,e,)Ft. Laud._F_l; .33~1)/ 434 So. swinton._Av__e. Delray Beach FI. 33~.~.~ J~-/// ~/z//// Att: Howard___Wight SIGNEI~:_._~_-~__~-~/z.~k~.o~L.~.-~';:i.i~ii.i~i' ~_~_ _' si_GN_Eo: .... BY:-"rh~mas W. Mollq~ Pres~ BY: DATE: ;~' //20 )~w'? ~/' .... . ! DATE: SCHEDULE "A" CITY OF DELRAY BEACH S.'E. 4th Ave. Roadway Improvements .. _ J . I PROJECT NO. 96-t2 CONTRACTOR: Uolloy Bros., Inc. 800 N..W. 21 Ave. Ft. Laud_._ _F1.~3_3_3_1_.1_ Date: 8119198 'Contract Items UNIT Estimate Unit Total Est. Used Tc Cost To Remain Quantity Price Price Date Date Balance 1 Maintenance Of Traffic L.S. 1 $ 4,750.00 $ 4,750.00 I $ 4,275.00 $ 475.00 Survey & Asbuilt S.E. 4th Ay, EA. 0 $ 1,817.00 I $ 1,817.00 $ (1,817.00) 2 Open Cut Pavement Repair L.F. 248 $ --22.0~- $ 5,456~00- 174 $ 3,828.00 $ 1,628.00 3 Asphalt pavementremoval S.Y. 7179 $ - -,~0 $-211537~00 717~- $ 21,537.00 $ 4 Concrete removal S.Y. 793 $ 1.00 $ 793.00 729 $ 729.00 $ 64.00 5 Remove/replace paver bricks S.F. 220 $ 8.60 $-' ~1892~b0'~ 372 $ 3,199.20 $ (1,307.20) 6 1.5" Type S-IIl,8" base, 12"s.g. S.Y. 5823 $ 15.00 $ 87,3,~00 6055 $ 90,825.00 $ (3,480.00) 7 1"Asphalt overlay T.N. 16 $ 55.00 $ 880.00 19 $ 1,045.00 $ (165.00) 8 Concrete Sidewalk S.F. 6074 $ 2.00 $ 12,148.~)0 7790 $ 15,580.00 $ (3,432.00); Concrete Sidewalk6" S.F, n $ 2.45 1149 $ 2,815.05 $ (2,815.05) 9 Type "D" curb and gutter I'.F. 1395 $ __7~.~0~0 ?-~ 9,7§5.-i_0_0- 211i $ 14,777.00 $ (5,012.00) 10 Adjust existing valve box EA. 2 $ 150.00 $ 300.00 2 $ 300.00 $ 11 Adjust existing manhole/inlet EA. 12 $ 150.00 $ 1,800.00 5 $ 750.00 $ ' 1,050.00 12 Crosswalk L.F. 418 $ 1.00 $ 418.00 365 $ 365.00 $ 53.00 13 4" White parking stripe L.F. 820 $ 0.50 $ 410.00 771 $ 385.50 $ 24.50 14 4" Double yellow stripe L.F. 1307 $ 1.00 $ 1,307.00 1183 $ 1,183.00 $ 124.00 15 24" Solid white stop bar L.F. __47 ..... $__ ...... 3_:.0.0_ .$ ....... 141.00._. 81 $ 243.00 $ (102.00) 16 Clean existing drainage L.S. 1 $ 500.00 $ 500.00 I $ 500.00 $ - 17 Remove existing 12" RCP L.F. 44 $ ___20~_0_0- _$_ .... 880.:0~0__ 45 $ 900.00 $ (20.00) 18 Remove existing inlet EA. 5 $ 200.00 $ 1,000.00 4 $ 800.00 $ 200.00 1--~Replace existing inlet grate ._ _ 'EAi ' 4 $ 525.00 $ 2,100.00 ......... 2 *$ 1,050.0~--$ 1,050.00 20 Connect existing drainage EA. 9 $ 1_,_87__0_:0_0_~ ..~_._.!6~,200:_0_0_ ._6 $ 10,800.00 $ 5,400.00 21 Type"C"inletw/5130-6168grate EA. 9 $ 1,570.00 $ 14,130.00 9 $ 14,130.00 $ - 22iType"E"inletw/5130-6168grate EA. 1 $ 2,259.00 $ 2,259.00 1 $ 2,259.00 $ - 23JType"J"strucw/5130-6168 EA. 2 $ 4,500.00 $ 9,00~(~-- 3 $ 13,500.00 $ (4,500.00) '24 15" RCP-drainage pipe · L.F. 172 $ 26.00 $ 4~72.00 299 $ 7,774.00 $ (3,302.00) 25 24" RCP Drainage L.F. 1~ $ __4.1_:00 ' $_ _45i.00- -'-1-~--j$ 656.00 $ (205.00) Repair Existing Drainage (~ Atlantic L.S. 1 $ 3,500.00 I $ 3,500.00 $ (3,500.00) Modify CB 3&4 to fit pavt grade L.S:. __! ..... $_~!.,8~_0.~7:~0_,_ I $ 1,807.00 $ (1,807.00) Modify CB 30&28 piping to fit pavt L.S. I _ $ ................. 2,285.00_~ 1 $ 2,285.00 $ (2,285.00) Mod/Repl CB 27 grate to fit pavt L.S. I $ 2,887.88 1 $ 2,887.88 $ (2,887.88) 26 Remove Existing 4" Water main L.F. 1392 $ ..... 21~0-"-$---~1784~00 1392 $ 2,764.00 $ - Remove Abondoned Gas Main 4 Ay. L.F. 0 $ 2.00 468 $ 936.00 $ (936.00) 27 Connect to Existing water main EA. --~ ..... -~--"i,500.0~) $ 3,000.00 6 $ 9,000.00 $ (6,000.00) 28;Fill & Flush Connection - -~A. --1- ' -$ 876.00 $ 876.00. I $ 876.00 $ - 29~sample Point ........ ~Ai ' ~ 3 $ 164.00' $ 492.00-_. 3 -$ 492.00 $ - 30 4"x 4" Tapping Sleeve & Valve EA. I $ 1,536.00 $ 1,536.00 $ - $. 1,536.00 331~16''x 6"Tapping Sleeve &Valt/e EA. I $ 1,825.00 $ 1,825.00 1 $ 1,825.00 $ - 8"x 8" Tapping Sleeve & Valve EA. 1 $ 2,400.00 $ 2,400.00 1 $ 2,400.00 $ - 3316" DIP water main L.F. 12 $ 41.00 $ 492.00 16 $ 656.00 $ (164.00) 3418" DIP water main L.F. 1555 $ 23.00 -~--~,76~'i~0~- 1611 $ 37,053.00 $ (1,288.00) 35;6" Gate Valve : EA. I $ 533.00 $ 533.00 2 $ 1,066.00 $ (533.00) 36 8" Gate Valve EA. 9 $ 800.00 $ ~7_,~20__0_.00 12 $ 9,600.00 $ (2,400.00) 37 2" Jumper with corp stop EA. 1 $ 500.00 $ 500.00 4 $ 2,000.00 $ (1,500.00) 393811" Single Service EA. 15 $ 400.00 ___$~ 6,000.00 17 $ 6,800.00 $ (800.00) 2" Single Service EA. I -- $ 600.00 $ 600.L)0 3 $ 1,800.00 $ (1,200.00) ~ Inst (2) 2" Elect. Cond L.F. 0--- $ 2.6(~ .... :' 1~6--~'$ 3,276.00 $ (3,276.00) SCHEDULE "A" CITY OF DELRAY BEACH S.E. 4th Ave..R°adway Impro_~e_m_e__nt_s- ..... l .... ~[_. PROJECT NO. 96't2 CONT'j~CTOR: Mollo¥ Bros., Inc. 800 N.W. 2___7 Av_e. Ft__:._L~au__d_._ F!;__33311 - i_-_-_ ;Contract Items Estimate Unit Total Est. USed T¢I Cost To Quantity Price Price Date Date 40 Alexander palm 14' D.A. single EA. 5 $ 374.00 $ ~-,8--70~-' $ $ 1,870.00 41 Alexander palm 14' D.A. double EA. 8 $ 275100 $ 2,200.00 8 $ 2,200.00 $ 42 Alexander palm 14' D.A. triple EA. 15 $ 248.00 $ 3,720.00 18 $ 4,464.00 $ (744.00) 43 Foxtail palm various size-groups EA. 32 $ 336.00 -~-~0~-~5210i~' 36 $ 12,096.00 $ (1~344.00) 44 Silver Buttonwood EA. 12 $ 13-8~00 $ 11656.00 12. $ 1,656.00 45 Cocoplum 3 gallon 24" EA. 146 $ 7.~--$-- -1,-~2~;.00-' '~95- $ 1,365.00 $ (343.00) 46 Thryallis 3 gallon full EA. 407 $ 8.00 $ :~6100- 393' $ 3,144.00 $ 112.00 47 Tibouchina groun cover 6" ht 18" DC EA. 843 $ 2.00 $ 1,686.00 747 $ 1,494.00 $ 192.00 48 Purple fountain 6"ht 18"OC EA. 555 $ 3.00 $ 1,665.00 567' $ 1,701.00 $ (36.00) 49 Good Topsoil for planting node C.Y. 16~- $ -~.0(~- '-$ ' 960.00 ..... 80 -$ 480.00 $ 480.00 50 :Non-cypress mulch C.Y. 65 $ 9.0~- -~----- -585~0~. 65' $ 585.00 $ 51 Landscape irrigation L.S. 1 $ 30,590.00 $ 301590.00 1 $ 30,590.00 $ 52 Utility Allowance L.S. 1 $ 7,50-~.0--6--$ .... 71500.00 $ $ 7,500.00 53 Vidio Allowance L.S. 1 $ '500.00 $ 500.00 1 $ 493.96 $ 6.04 54 Indemnifaction L.S, 1 -- $ 10.00 ~ 10.0(~-'- 1 $ 10.00 $ FREDERICK BLVD. IMPROVEMENT I Uaintenance of Traffic 'L.S. 1 $ ' 500:00__~_~ ....... 500.00_. 116--_$ 500.00 $ .... 2 Clearing and grubbing L.S. I $ 1,500.00___$--_ !;500.00 I I $ 1,500.00 $ 3 Pavement Removal L.S. I $ 1,250.00 $ 1,250.00 I $ 1,250.00 $ 4 11/2"S-3Asphalt §~Yi"-i-4~5' $ ...... 3.50. $' 4,987.50' 1447 $ 5,064.50 $ (77.00) 5 8" Limerock Base S.Y. 1500 $ 9.00 $ 13,500.00 1552 '$ 13,968.00 $ (468.00), 6 12" Stabilized Subgrade S.Y. 1575 $ 6.00 $ 9,450.00 :i552 $ 9,312.00 $ 138.00 7 Leveling & S-3 Asphalt Overlay Ton~ 50 $ 45.00 -~---'~50.0'(~ 9 -$ 405.00 $ 1,845.00 8 4" Concrete Sidewalk S.F.1 3000 $ 1.90 $ 5,700.00 3093 $ 5,876..70 $ (176.70)' '~ 6" Concrete Sidewalk/ Drive Apron S.F. 1i00 $ 2.45 $ 2,695.00 "668 $ 1,~36.60 $ 1,058'140 !0 As. phalt Drive.APron . __.S--~: .... ~1.?_0.___$____-~'i~.~-$-~ ~1300.00 . 1_0.0_.'~-~/.~- 2,300.00 $ 11 Signage & Pavement Marking L.S.! I $ 900.00 $ 900.00 I $ 900.00 $ 12 Bahia Sod S.Y. 1400 $ --2~---~-' ~1150.00 869 $ 1,955.25 $ 1,194.75 13 Adjust Inlets M/H, C/O, Meter&Valve '[~i ...... 1~ ....... ~---~,~5b0.00 $ 1,500.00 -'-~---$ 1,500.00 $ 14 Video Allowance 'L.--~i ...... i ' - $ 3~b~0d' $" 300.00 ......... ~$ $ 300.00 Totals .... -$~8-~§911,~0-- $ 413,513.64 $ (31,622.14) ........_TOTA___L.__C_O_N_~_]tAC.T AMOUNT $ 608. 360.80 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # - REGULAR MEETING OF SEPTEMBER 15, 1998 FINAL PAYMENT/ALMAZON BROTHERS TRUCKING, INC. (WOODS OF SOUTHRIDGE ROADWAY IMPROVEMENTS) DATE: SEPTEMBER 9, 1998 This is before the Commission to approve final payment in the amount of $37,986.00 to Almazon Brothers Trucking, Inc. for completion of the Woods of Southridge roadway improvements project. This was set up as a special assessment project in order to defray a portion of the cost of the roadway improvements. The assessment district was established with the adoption of Resolution No. 15-98 on February 17, 1998, with one-third of the cost to be contributed by the City with two-thirds paid by the homeowners through the assessment process (i.e. a General Fund loan to be repaid from the assessments). At that time, an estimated cost ($275,456.00) was assigned to the project for the purpose of establishing the City's contribution and the amount of the special assessments. As it turns out, the project was completed for less than the estimated amount. Hence, a final assessment roll adjusted to reflect the final costs will be scheduled for City Commission consideration in the near future. For purposes of the final payment request, funding will be from 334-3162-541-61.22 (General Construction Fund - Woods of Southridge). Recommend approval of the final payment to Almazon Brothers Trucking, Inc. for the Woods of Southridge roadway improvements project. ref:agmemol4 Agenda Item No.: 9'/~' AGENDA REQUEST Date: September 9, 1998 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: September 15, 1998 Description of item (who, what, where, how much):). Attached for Commission approval is an agenda request for final payment to Almazon Brothers Trucking, Inc. in the amount of $37,986.00 for the above referenced Project. A Contractor Evaluation is attached for your review. Funding Source is 334-3162-541-61.22 (Woods of Southridge). ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YES(~ Recommendation: Staff Recommends approval of final payment to AImazon Brothers Trucking, Inc. ~.~~ ~_.) ~.~ Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (~eq~ired on all items involving expenditure of funds): Funding available: E~.~NO Funding alternatives . (if applicable) ,- Account No. & Description Account Balance/.J',~ ~., ¢,¢~./)g) ,.~.~_,.~¢. ~/~//¢,,0 ¢'27 (2-' City Manager Review: ~/~ Approved for agenda: O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9612.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Divi~ Date: September 9, 1998 Re: Woods of Southridge Roadway Improvements (PN 97-32) Final Payment Request Attached for Commission approval is an agenda request for final payment to Almazon Brothers Trucking, Inc. in the amount of $37,986.00 for the above referenced Project. A Contractor Evaluation is attached for your review. Funding Source is 334-3162-541-61.22 (Woods of Southridge). File: Memo to City Manager 9732A :finalpay Continuation Sheet ,, THE WOODS OF SOUTH RIDGE ROADWAY CONSTRUCTION PROJECT NO. 97~$2 Final As-Built Quantities NO. DESCRIPTION Contract Completed To Date UNIT QUANTITY UNIT PRICE TOTAL PRICE QUANTITY UNIT PRICE TOTAL PRICE I Maintenance of traffic, Demo, etc. LS I $10,000.00 $10,000.00 {~85 $10,000.00 $8,500.00 2 Roadway Demolition & Removal LS i $52,000.00 $52,000.00 I $52,000.00 $52,000.00 3 Pavement Marking & Signage LS I $9,000.00 $9,000.00 I $9,000.00 $9,000.00 4 Adjust Manholes to Grade E.A. __23 $150.00 $3,450.00 22 $150.00 $3,300.00 5 I- I/2" Asphalt SY 16,000 $3.40 $54,400.00 15,060 $3.40 $51,204,00 5a Asphalt Leveling 'IN' 0 $60.00 $0.00 52.25 $60.00 $3,135.00 6a 6" Limcrock Base SY 16,000 $5.40 $86,400.00 n/a n/a 6b 8" Crushed Concrete Base SY 16,000 n/a n/a 14,500 $5.40 $78,300.00 ...... 7 12" CompactedSubgrade SY 16,000 $1.20 $19,200.00 14,500 $1.20 $17,400.00 8 Video Allowance LS I $500.00 $500.00 0.92 $500.00 $461.00 9 Indemnification LS I $ I 0.00 $ I 0.00 I $10.00 $10.00 10 Concrete Removal / Replacement Sy 0 $35.00 $0.00 320 $35.00 $11,200.00. ] I Sodding ~ EOP Vacant Lots SY 0 $1.50 $0.00 300 $1.50 $450.00 TOTALS $234,960.00 I $234,960.00 TO: DAVID T. HARDEN ~~~/~ CITY MANAGER (~ ( ~ . FROM: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING v ~ SUBJECT: MEETING OF SEPTEMBER 15, 1998 **CONSENT AGENDA** IMPROVEMENT OF A PORTION OF CURLEW ROAD TO A PARKING LOT/CUL-DE-SAC FOR THE LEON WEEKES PRESERVE This item involves the improvement of the easternmost portion of Curlew Road in the Tropic Palms subdivision to a parking area for the Leon Weekes Environmental Preserve. Within this section of roadway, which is currently unimproved, a 10-space parking lot and turn-around area is to be constructed. The parking area will serve the Preserve and the associated playground and pavilion which are to be established on the two adjacent lots. The lots are being rezoned from RI-AA (Single Family Residential) to OSR (Open Space and Recreation) in a separate action. This item was originally processed as a street closure, and was considered as such by the Planning and Zoning Board at its meeting of August 17, 1988. There was no public testimony regarding the item and the Board unanimously recommended approval. However, upon further review of the item by staff, it has been determined that the action should not have been considered as a street closure. The road section is currently unimproved and is not being used for traffic circulation, and the improvement of the right- of-way as a parking area/cul-de-sac does not constitute its closure. Because it was initially processed in that manner, it was felt that it should be forwarded to the City Commission for final approval of the improvement plan. By motion, approve the plan to improve the easternmost portion of Curlew Road as a parking lot/turn-around area. Attachments: · Location Map · Improvement Plan ~7 t ~ GMC TRUCKS "~ ~ , '~ I I SHERWOOD I I J ~ tt PILMS 1/ BUCKY DENT'S I I ~ I ~ 1~ ~ PF // BASEBALLSCHOOLt I '~'"'~ ~ ~ ~ ~ ' : )~ ~X~E~.~AY// ~ I ~ USE~ CA~S I I I I MOBILE BLE / / ~ ~ [. = ~ ~ CURLEW ROAD PARKING AREA CiTY Or DELRAY BEACH, FL PLANNING ~ ZONING OEPARTM[NT -- DIGITAL ~SE ~P S~TEM -- ~P REF: LM268 £1T¥ OF I)ELAAY BEACH 100 N.W. 15t AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 1993 October 2, 1998 Kelvin Robinson, Director Legislative & Public Affairs Florida League of Cities, Inc. P.O. Box 1757 Tallahassee, FL 32302-1757 Re: Revision #10 to the Florida Constitution Dear Mr. Robinson: Attached for your information is a copy of Resolution No. 58-98 supporting Revision #10 to the Florida Constitution and encouraging our citizenry to vote 'Yes' to this revision on the November 3, 1998, general election ballot. Resolution No. 58-98 was passed and adopted by unanimous vote of the Delray Beach City Commission in regular session on September 15, 1998. If you have any questions, please do not hesitate to contact me at 561/243-7050. Sincerely, Alison MacGregor Harry City Clerk AMH/m Attachment THE EFFORT ALWAYS MATTERS Printed on Recycled Paper MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~I SUBJECT: AGENDA ITEM REGULAR MEETING OF SEPTEMBER 15, 1998 RESOLUTION NO. 58-98 IN SUPPORT OF REVISION #10 TO THE FLORIDA CONSTITUTION DATE: SEPTEMBER 10, 1998 Resolution No. 58-98 supports Revision #10 to the Florida Constitution. It is one of nine revisions recommended by the Constitution Revision Commission and will be put to Florida's voters on the November, 1998, ballot. Revision #10 is strongly endorsed by the Florida League of Cities. The League's position is that Revision 10 will benefit Floridians in numerous ways, including: (1) Stops a new tax by prohibiting tax assessments for property that is used for governmental purposes; (2) Encourages land conservation by allowing cities and counties to grant property tax exemptions for lands that are used for conservation; (3) Creates a fair tax system by allowing counties to grant tax exemptions for personal property, such as appliances and furnishings, in mobile homes and rental housing; and (4) Ensures citizens access to local officials by removing court imposed restrictions that prevent citizens from talking with their local officials outside of official hearings. At the September 8th workshop, the City Commission directed that a formal resolution be prepared and placed on the September 15th agenda for approval. Recommend approval of Resolution No. 58-98 in support of Revision #10 to the Florida Constitution. ref:agmemo9 RESOLUTION NO. 58-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING REVISION 010 TO THE FLORIDA CONSTITUTION, AND ENCOURAGING OUR CITIZENRY TO VOTE YES TO THIS REVISION. WHEREAS, the Constitution Revision Commission (CRC) has proposed Revision 010, which amends Article VII,s.3(a), (f) and (g) of the Florida Constitution; and WHEREAS, this revision contains several issues of importance to cities, namely ex parte communications and revisions to tax exemptions; and WHEREAS, if passed by the electorate, Revision 010 would provide greater local fiscal flexibility and unrestricted citizen access to local officials; and WHEREAS, under the Constitution, the state and counties are immune from taxation, while municipalities are exempt only to the extent their property is used exclusively for public purposes; and WHEREAS, a 1997 Florida Supreme Court decision mandates municipally owned sports facilities, airports and seaports to pay a property tax in addition to lease payments and intangible taxes on leased property; and WHEREAS, Revision 010 authorizes the Legislature to exempt property of certain municipal and special district property when such land is used for airport, seaport, or public purposes; and WHEREAS, the cost of collecting tangible personal property tax on mobile home attachments, furnishings, and fixtures on rental housing often exceeds the revenues derived from collections; and WHEREAS, Revision %10 gives local governments the option of collecting personal property tax for attachments to mobile homes and certain residential rental furnishings; and WHEREAS, Revision 010 assures citizens the unrestricted access to their locally elected officials to discuss issues likely to be decided by,the officials; and ~EREAS, this package of refo~ proposals would serve municipal governments well and all cities should work with their citizens to help public understanding of Revision #10 and the many benefits contained therein. NOW, ~E~FO~, BE IT ~SOL~D BY THE CITY CO~ISSION OF THE CITY OF DEL~Y B~, FLORIDA, ~ FOLLOWS: Section 1: That the City of Delray Beach does hereby support and endorse passage of Revision #10 to the Florida Constitution, and urges its citizenry to vote yes on this instrumental resolution. Section 2: This resolution shall take effect immediately upon passage and the City Clerk shall provide copies to the Florida Lea~e of Cities and the Yes On 10 Committee. PASSED AND ~OPTED in regular session on this 15th day of Septe~er, 1998. ATTEST: citY Clem -2- Res. No. 58-98 LEAGUE OF CITIES NC. Memorandum To: City Managers/City Clerks From: Kelvin Robinson, Director ~/a,/g~. Legislative & Public Affairs Date: August 28, 1998 Re: Vote "YES" on 10 Educational Materials As you may know, several constitutional revisions will be placed on the upcoming November ballot. Among those is Revision 10. Revision 10 is a League-supported constitutional change that, if approved by Florida voters, will, among other things: Eliminate taxes for property that is used for governmental or city purposes; Allow counties and cities to waive property taxes for lands used for conservation; · Allow counties to waive taxes for tangible personal property such as appliances and furnishings in mobile homes; and · Allow citizens to communicate with local officials outside of local hearings about land- use issues. These are important issues for cities. We need your support and we need your help in getting the word out to your citizens to VOTE YES! To better assist you with understanding what Revision 10 does we are sending you this educational packet which includes: · "Yes on 10" brochure · "Yes on 10" poster · "Yes on 10" talking points · "Yes on 10" bumper stickers · "Yes on 10' buttons · "Yes on 10" sample resolution We are'requesting that every city pass a resolution/proclamation supporting Revision 10 and that you use every opportunity to voice your support of this revision to the media and your community. 301 South Bronough Street , Post Office Box 1757, Tallahassee, FL 32302-1757 Telephone (850) 222-9684 · Suncom 278-5331 , Fax (850) 222-3806 , Internet: http://fcn.state.fl.us/flc/ Page 2 Vote "YES" on 10 Educational Materials The talking points may be used for speeches when addressing civic groups or clubs. You can wear your button, hang the poster in city hall and display the bumper stickers in prominent places. Let us know if you need additional information or materials on Revision 10. Remember, it is important that we all work hard to see that Revision 10 passes in November. IfI can be of further assistance, please feel free to contact me or my assistant Carol Dixon at the League, (800) 616-1513, ext. 137. Thank you. /cid Enclosures Filename: Yes on Ten First Memo.doc Yes on 10 .Talking Points Every 20 years, we as Floridians have a remarkable opportunity - one that residents of no other state enjoy. We have the chance to revise our state Constitution, Florida's most important document. It is an opportunity to improve the very foundation of our government - to improve our lives and ensure a better future for all Floridians. Florida established the Constitution Revision Commission to review the Constitution and suggest changes based on input from citizens. The Constitution Revision Commission, made .up of professionals, legal scholars, community leaders and others, recommended nine revisions. They will be placed on the November ballot for voters to decide which to approve. Among the best of the bunch is Revision 10. What does Revision 10 do? It... Stops a new tax by prohibiting tax assessments for property that is used for governmental purposes. Encourages Land conservation by allowing cities and counties to grant property tax exemptions for lands that are used for conservation. Creates a fair tax system by allowing counties to grant tax exemptions for personal property - such as appliances and furnishings - in mobile homes and rental housing. Ensure citizens access to local officials by removing court imposed resections that prevent citizens from talking with their local officials outside of official hearings. So how would Revision 10 benefit us as Floridians? First, it stops a "new" tax. Currently, cities don't pay taxes on public properties like airports and seaports. Recently, however, the Florida Supreme Court allowed a tax to go into effect that would mean cities will have to start paying taxes on these public properties. (Over) This tax burden, of course, would ultimately fall on citizens - unless Revision 10 is approved. Second, Revision 10 will preserve our most valuable lands for future generations. Revision 10 allows local governments to give tax breaks to property owners when they use their land for conservation purposes. This is critical because - as we all know - the state simply can't afford to conserve all of Florida's sensitive lands. Revision 10 is our best hope of preserving these pristine lands before they are gone. Third, Revision 10 creates a fairer tax system. Currently, mobile-home owners must pay property taxes on items that are in their home - such as refrigerators - just because their home can be moved. Revision 10 would treat mobile-home owners the same as other homeowners. And it would eliminate the costs of collecting the tax - which often can exceed the small amount that's actually collected. In short, this could save all of us money. Finally, Revision 10 helps open the lines of communications between citizens and their elected representatives. As you may know, Florida's courts have interpreted some Sunshine Laws in ways that keep citizens from talking with local officials except during public hearings. This revision would allow taxpayers to talk to officials...without violating the law. The bottom line is this: Revision 10 is good for our cities, our state and our citizens. Our challenge now is to get the word out to the citizens of Florida. The more people who know about Revision 10, the more people who will vote for'it. It truly is a Perfect 10. File name:/Yeson 10.do¢ [IT¥ DF DELRI:I¥ BEI:I£H CiTY ATTORNEY'S OFFICE ~°° ~ 1"' ^'~"' ~^~""^~", ~°~'~^'"" DELRAY BEACH F L 0 R I D A MEMORANDUM AII,Americ~ City I~'"'''' DATE: September3, 1998 ~IIr® TO: City Commission ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Purchase of Property - 119 S.W. 7th Street Approval of this resolution will authorize City staff to acquire the property described in the resolution. The purchase price is $68,000.00. The properly is located at 119 S.W. 7th Street and is needed for the construction of a chemical storage facility for the water treatment plant. A copy of the purchase contract is also provided. By copy of this meinorandum to David Harden, City Manager, our office requests that this resolution incorporating this contract tbr Sale and Purchase be placed on the regular agenda for the City Commission meeting of September 15, 1998. Please call if you have any questions. Attachments cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Mr. & Mrs. Rodriguez A~af~ rodr~.llr RESOLUTION NO. 52-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTR3%CT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain residential property located at 119 S.W. 7th Street; and WHEREAS, the Sellers, Luis B. Rodriguez and Candida R. Rodriguez, desire to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the pu~ose of the construction of a chemical storage facility for the water treatment plant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission, as Buyer, hereby agrees to purchase from Luis B. Rodriguez and Candida R. Rodriguez, as Sellers, land for the purchase price of Sixty-Eight Thousand Dollars ($68,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: Lot 8, Nichols First Addition to Delray Beach, according to the map or plat thereof as recorded in Plat Book 21, Page 69 of the Public Records of Palm Beach County, Florida. Section 2. That the terms and conditions in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and Luis B. Rodriguez and Candida R. Rodriguez are attached hereto as Attachment A and inco~orated herein. PASSED AND ADOPTED in regular session on this the 15th day of September, 1998. ~M A~ ATTEST: / City ~erk - ! A~REEMENT FOR PURCHASE AND SALE This Agreement for Purchase and Sale, is made and entered into as of the __ day of ., 1998 by and between Luis B. Rodriguez and Candida R. Rodriguez, (Sellers), and the City of Deh'ay Beach, Florida, a municipal corporation (hereinafter referred to as tile "Purchaser"). W1TNESSETH' i. DEFINITIONS. The following terms as used herein shall have tile following meaning: !.1. "Agreement" - this instrmnent, together with all exhibits, addenda and proper amendments hereto. !.2. "Closing Date" - the meaning ascribed thereto in Section 6.2 of this Agreement, unless extended by the terms of this Agreement, or by mutual consent of the parties. 1.3. "Effective Date" - tile effi:ctive date of Agreement shall be tile (late upon which tile City of Delray Beach Commission shall have approved the execution of this Agreement at a formal meeting of Board. 1.4 "Inspection Period" - that certain period of time commencing upon Ihe Effective Date and terminating thirty (30) days thereafter. 1.5 "Permitted Exceptions" - those exceptions to tile title of the Properly as set forth in Exhibit "B" hereto attached, together with any other title matters that may be waived in writing by tile Purchaser. !.6 "Real Property" - the real property located at 119 S.W. 7th Street, Delray Beach, Florida, legally described in Exhibit "A" attached hereto and made a part hereof, together with all improvements situate thereon. 1.7 "Tangible Personal Property" or "Personal Property" - All of Sellers right, title and interest in all appliances, fixtures, equipment, machinery, furniture, carpet, drapes, and other personal property, if any, located on or about the land and the improvements used in the operation and maintenance thereof. 2. SALE AND PURCltASE. In consideration of tile mutual covenants herein contained, and various other good and valuable consideration, Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase from Seller, on the terms, covenants and conditions hereinafter set forth, the Real Property, including all structures, together with all right, title and Attachment A interest of Seller in and to any and all streets, roads, highways, easements, accesses and rights of way appurtenant to the Real Property, together with all improvements located thereon, if any. 3. PURCHASE PRICE AND METHOD OF PAYMENT. 3.1 Purchase Price. The purchase price of the Property shall be Sixty-Eight Thousand Dollars ($68,000.00). 3.2. Payment of Purchase Price. On the Closing Date, Purchaser shall pay at the City's election, by wire transfer of immediately available United States currency or by City check, the total amount of the purchase price of the Properly, in United States Currency, subject to any adjustments, credits and prorations as herein provided. 4. ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES OF SELLER. As a material inducement to Purchaser to enter into this Agreement, Seller hereby acknowledges, represents and warrants to the best of his knowledge to Purchaser as follows: 4.1. That Seller is indefeasibly seized of marketable, the simple title to the Property, and is the sole owner of and has good right, lille and authorily to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances, excepting only the Permitted Exceptions. 4.2 That there is no litigation, investigalion or proceeding pending, or to the knowledge of Seller threatened, which relates to or adversely afl,:ct Seller's ability to pertbrm its obligations under this Agreement. 4.3 That there are no judicial or administrative actions, suits or judgments affecting the Property, including without limitation, any such laws, ordinances, rules or regulations of any governmental authority having jurisdiction of the Property. 4.4 That there are no existing or pending special assessments affecting tile Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 4.5 There are no condemnation, environmental, zoning or other land-use regulation proceedings, either instituted, or planned to be instituted with regard to tile Property. 4.6 On the Closing Date there will be no outstanding contracls made by Seller for any improvements to the Real Property which have not been fully paid for and Seller shall cause to be discharged all construction liens arising from any labor or materials furnished to the Property prior to the time of Closing. 4.7 All documents executed or to be executed by Seller which are to be delivered to Purchaser at closing will be legal, valid, and binding obligations of Seller. 2 4.8 There are no service contracts afli:cling lire Properly which will survive Closing. 4.9 That all ad valorem real proper~y taxes for the Property have been fully paid for tile year i 997, and all prior years. 4.10 That Seller has entered into no olher contracts Ibr Ihe sale of any portion of the Property which remain in force. 4.1 ! That tire Property has not in tire past been used, and is not presently being used, for the handling, storage, transportation, or disposal of' hazardous or toxic substances, wastes or materials. 4.12 On tile Closing Date there will be no person(s) or parties in occupancy, other than Seller. 4.13 It is a condition precedent to closing that all of the representations and warranties of Seller contained in this Agreement shall continue to be true as of the Closing Date, and shall be deemed to be restated and affirmed as of the Closing Date without the necessity of Seller's execution of any document with respect thereto. In the ever~t that any of the Seller's representations shall prove to be materially untrue, Purchaser shall have the right to (i) terminate this Agreement at any time prior to closing upon written notice by Seller, whereupon tile parties shall be relieved of all further obligation hereunder; or (ii) proceed to close upon this Agreement without thereby waiving any claim or cause of action against Seller Ibr misrepresentation or breach of warranty. 5. INSPECTION OF PROPERTY. During tile Inspection Period, Purchaser and its engineers, surveyors, agents and representatives shall have access to the Properly upon reasonable notice for purposes of survey, testing and inspection thereof All surveys, testing and inspections shall be conducted by Purchaser at its expense, and shall be pertbrmed by licensed persons or firms dealing in the respective areas or matters tested. All testing shall be done in the least intrusive manner, and Purchaser agrees lo indemnity, Seller to the extent permitted by law from and against any and all loss, damage, cost, expense and/or liability of whatsoever nature arising from or out of Purchaser's, its agents, contractors, employees and invilees entry upon and inspection of the Property. Notwithstanding the foregoing, the foregoing indemnification shall not apply to, nor prohibit Purchaser from, the disclosure of the results of said inspections as may be required by applicable law. In the event that such inspections shall reveal a deficiency in the Property, as determined by Purchaser in its sole and absolute discretion, Purchaser shall have the right to terminate this Agreement at any time during the Inspection Period by giving written notice thereof to. Seller, whereupon the parties shall be relieved of all further obligation hereunder. 6. CLOSING. Tile parties agree that the Closing upon the Property shall be consummated as follows: 6.1 Place of Closing The closing shall be held at a mutually acceptable location to Seller and Purchaser. 6.2 Closing Date. The closing shall take place within thirty (30) days after expiration of the Inspection Period, or at such earlier date as is mutually agreed upon by the parties. 6.3 Closing Docu,~ents. At closing, Seller shall deliver or cause to be delivered to Purchaser, the I'bllowing documents, each fi~lly executed and acknowledged as required. 6.3.1 Statutory_ Warranty Deed. A Statutory Warranty Deed conveying good and marketable fee simple title to the property, subject only to the Permitted Exceptions. 6.3.2 Affidavit of Seller. A~ Affidavit with respect to construction liens in such form as sufficient to permit a title insurer to delete the "construction lien" exception from the title insurance policy, and stating that the Property is free and clear of all encumbrances, leases, licenses, contracts or claim of rights, which claims may serve as the basis of a construction lien. 6.4 Possession. At closing Seller shall deliver full, complete and exclusive possession of the Property to the Purchaser. 6.5 Purchaser's Obligations. At closing, Pt~rchaser shall deliver, or cause to be delivered, to Seller, the tbllowing: 6.5.1 Cash due at Closing. The required payment due as cash due at closing as provided elsewhere herein. 7. EVIDENCE OF TITLE. 7.1. Within thirty (30) days after the Effective Date of this Agree,nent, the Purchaser shall obtain an owner's title insurance commitlnent issued by a title insurance company acceptable to Purchaser agreeing to issue to the Purchaser upon the recording of the Statutory Warranty Deed to the Real Property, an owner's marketability title insurance policy in the amount of the purchase price, insuring the marketability of the fee title of the Purchaser to the Real Property, subject only to the Permitted Exceptions. The cost of said commitment and policy and any premium thereafter shall be borne by Purchaser. The Purchaser shall have until the end of the Inspection Period, in which to review same. In the event the title insura,~ce commitment shall show as an exception any matter other than the Permitted Exceptions, Purchaser shall notil~ Seller of Purchaser's objection thereto, and Seller shall act with reasonable effort to remove such exception(s), which exceptions shall be deemed to constitute title defects. The Seller shall be entitled to thirty (30) days from the date of notification by Purchaser (with adjournment of the Closing Date if necessary) within which to cure such defects or to make arrangements w. ith the title insurer for the removal of any such objections from 4 the commitment, however, Seller shall have the option of discharging any such matters al closing out of the closing proceeds. If the del~cl(s) shall not have been so cured or removed from the commitment by endorsement thereto at the termination of thc said thirty (30) day period, Purchaser shall have the option of: (a) accepting title Io the Properly as it then exists; (b) postponing the closing date or (c) terminating this Agreement, by giving written notice thereof to Seller, in which event the parties shall be relieved of all further obligation hereunder. 7.2 Seller shall deliver to Purchaser prior to tile Closing an endorsement of tile commitment making it effective to within five (5) days of the Closing Date. At closing, the title insurance commitment shall be endorsed to remove any and all requirements or preconditions to the issuance of an owner's marketability title insurance policy, and 1o delete any exceptions for: (a) any rights or claims of parties in possession not shown by the public records; (b) encroachments, overlaps, boundary line disputes and any other matters which would be disclosed by an accurate survey and inspection of' the Property; (c) unrecorded easements and claims of easements (d) um'ecorded construction liens or claims of liens; (e) taxes for tile year ot' closing and all prior years; (13 matters arising or attaching subsequent to the effective date of' the commitment but before the acquisition of record of the fee simple title to the Real Property by the Purchaser. 7.3 From and after tile Etl~ctive Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would atl~ct title to the Real Property, without the prior written consent of the Purchaser. 8. SURVEY: Purchaser shall have the right, within the time period provided in Section 7 for delivery and examination of Title Evidence, to obtain a current survey of the Real Property and all improvements thereon. Said survey shall be prepared in accordance with the minimum technical standards for surveys within the State of Florida. If the survey reveals any encroachments, overlaps, boundary disputes or other defects, other than the Permitted Exceptions, which affect marketability of tile Property, the same shall be treated as title defects as described in Section 7 of this Agreement and Purchaser shall have the same rights and remedies as set forth therein. 9. RADON GAS. Radon is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from your County public health unit. 10. EXPENSES. Purchaser shall be responsible tBr preparation of all closing documents. Purchaser shall submit copies of same to Seller no less than five (5) days before scheduled closing. 10.1 Purchaser shall pay tile following expenses at closing. 10. !. 1 The cost of recording the deed of conveyance. 10.1.2 All costs and prcnfiums tbr the owners marketable title insurance commitment and policy. 10.2 Seller shall pay the following expenses at closing. 10.2.1 Documentary Stamps required to be affixed to the deed of conveyance, and intangible taxes. 10.2.2 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages upon the Property. 10.3 The Seller and Purchaser shall each pay their own attorney's fees. 1 I. PRORATIONS. On or before the Closing Date, Seller shall establish an escrow fund with the County Tax Collector pursuant to Florida Statutes Section 196.295, and shall pay into said escrow Seller's prorata portion of ad valorem real property taxes for the year of closing as determined by the Tax Collector. Seller shall pay its prorata share of taxes for the year of closing and any outstanding taxes for years prior to 1998 shall be paid by Seller. 12. ASSESSMENTS. If on the Closing Date, the Property or any part thcreofshall be or shall have been affected by assessments, which are, or which may become payable in annual installments, of which the first instalhnent is then a charge or lien, or has been paid, then lbr the purposes of this Agreement, all of the unpaid instalhnents of any such assessments, including those which are to become due and payable after the Closing Date, shall be deemed to be due and payable and to be liened upon the premises affected thereby, and shall be paid and discharged by the Seller on or before Closing Date. 13. CONDEMNATION. In the event that all or any part of tile Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun by a governmental entity other than Purchaser prior to the closing of this transaction, Purchaser shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to ali other terms, covenants, conditions, representations and warranties of this Agreement, to the closing of the transaction contemplated hereby and receive title to the Property, receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. Purchaser shall have the right to participate in any such proceedings. 14. REAL ESTATE BROKER. Seller and Purchaser each represents and warrants to the other that it has not dealt with any broker, salesman, agent or finder in connection with this transaction. Without limiting the effect of the foregoing to the extent permitted by law, each party agrees to indemnify, defend and save the other hamfless frotn the claims and demands of any 6 real estate broker, other than broker, claiming to have dealt with the indemnifying party. Such indemnity shall include, without linfitation, tile payment of all costs, expenses and attorney's fees incurred or expended in defense of such claims or demands. Tile terms of this Section shall survive the closing or termination of this Agree~nent. 15. FIRPTA. Seller represents and warrants to Purchaser that Seller is not a "foreign person" as defined by the Federal Foreign Investment in Real Property Tax Act, (the "Act"). At closing, the Seller shall execute and deliver to Purchaser, a "Non-Foreign Certificate", as required by the Act. Seller acknowledges that in the event Seller fails to deliver the Non-Foreign Certificate, Purchaser shall be attthorized to withhold from tile closing proceeds an amount equal to ten percent (10%) of the gross amount of tile purchase price, and to remit same to the internal Revenue Service, as required by the Act. 16. NOTICES. All notices and elections (collectively, "notices") to be given or delivered by or to any patty hereunder, shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service or Federal Express, or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier service or Federal Express, or if mailed, upon the date which tile return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall conslitute binding notice given to such party: 16. I Purchaser: City of Deh'ay Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: David Harden, City Manager With a copy to: Susan A. Ruby, Esq., City Attorney 200 N.W. ! st Avenue Deiray Beach, Florida 33444 Phone: (561) 243-7091 Fax: (561) 278-4755 ! 6.2 Seller: Luis and Candida Rodriguez 119 S.W. 7th Street Delray Beach, Florida 33444 7 Any party may fi'om time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. 17. ASSIGNMENT. Neither Purchaser nor Seller shall assign this Agreement or any interest herein without the prior written consent of the other party. 18. ENFORCEMENT COSTS. in the event any action, suit or proceeding is commenced with respect to interpretation or enforcement of this Agreement, tile prevailing party therein shall be entitled to recover all costs, expenses and fee, including, without limitation, reasonable attorney's fees, expended or incurred by such party in connection therewith, including any such costs expenses and tees upon appeal and in post judgment proceedings. 19. DEFAULT. in the event Seller fails or refuses to perform any term, covenant, or condition of this Agreement, Purchaser shall, in addition to any olher re,nedies p,'ovided at law or in equity, have the right of specific perl'ormance thereof. 20. GOVERNING LAW & VENUE. This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State o£ Florida. Venue in any action suit or proceeding in connection with this Agreement shall be in Palm Beach County, Florida. 21. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and assigns. 22. NO RECORDING. Neilber this Agreement, nor any memorandum or short form hereof, shall be recorded in the Public Records of Palm Beach County, Florida. 23. TIME OF ESSENCE. Time is of the essence with respect to the performance of each and every provision of this Agreement where a time is specified for performance. 24. INTEGRATION. This Agreement constilutes tile entire understanding and Agreement between the parties with respect to the subject matler hereof, a,'~d may not be modified or amended, except in a writing signed by all of the parties hereto. 25. EFFECTIVE DATE OF AGREEMENT. This Agreement is expressly contingent upon the approval of the City Commission of the City of Delray Beach. 26. HEADINGS. The paragraph headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in interpreting this Agreement. 8 [Tills Page is intemiotlally lel~ blat~kI 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names, on the dates set forth below. Signed, sealed and delivered in the presence of: Date of Execution by Seller: WITNESSES: Luis B. Rodriguez Name Printed or Typed Candida R. Rodriguez // ~ Name ~rinted or Typed State of Flori~t~ instrument before ~ , 1998 by ~1~"~'~"~ [,,'~ tac~ ~~ (name of person ack~o~edg,,ng), wl~ is personally known to me or who has produced '~:.)~ ~~ (type of identification) as identification and who did (did not) take an oalh. Signatul'~c~fN ta~ Public - · of Flori~{'~.,~ ~D ]I~IU l~D~' FU81118lmln~ inc. Print, Type, or Stamp Name of Notary Public 10 Date of Execution by Purchaser: , 1998 CITY OF DELII. AY BEACit, FLORIDA, a Florida nmnicipal corporation By: MAYOR ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: l~r,.City Attorney r~lrgzpr.agl II EXHIBIT A Lot 8, Nichols First Addition to Delray Beach, according to the map or plat thereof as recorded in Plat Book 21, Page 69 of the Public Records of Pahn Beach Counly, Florida. Tax ID Number or Folio Number of Property: 12-43-46-20-07-000-0080 Grantee's Social Security Number or Tax ID Number EXHIBIT B Pn.T, ared by and AI:"I'ER RI';C¢)RI)INtl RETI IRN T¢): R. Brian 8hnlL {:.sq. .,~.~{.qlal{I Cily Allomcy 2{~} N.W. {si Avenue Dclray Ilcach. I:lorida 33444 STATUTORY WARRANTY DEED LUIS B. RODRIGUEZ and CANDIDA R. RODRIGUEZ, ("Grantors") x~'l~osc address is 119 S.W. 7th Street, Dclray Beach, Florida, for and ill consideration of tile sum of TEN AND NO/lO0 DOLLARS ($10.00) paid to Grantors and other good and vahmblc consideration, Ibc receipt and sufficiency of which are hereby acknmvl~gcd, as GRANTED, SOLD and CONVEYED and docs hereby GRANT, SELL and CONVEY unto thc City of Dclray Beach, ~vhosc address is 100 N.W. 1st Avenue, Delray Beach, Florida, 33444 in fee simple title, that certain land located in Pahn Beach County, Florida, bcmg more particularly described in Exl!ibit A, attached hcrclo and incorporated herein bb' reference, together with all improvcmcqts, if any, located on such land (such land and improvements bciug collectively referred to as thc "Property"). This conveyance is made and acccplcd subject lo all mailers (Ibc "Pcrmillcd Exceptions") scl forth in Exhibit B, al(ached hereto and incorporated herein by reference. TO HAVE AND 1'O HOLD thc Property, together with all and singular thc rights and appurtenances pertaining thereto, including all of Grantor's right, title and interest ill and to adjacent streets, alleys and rights-of-way, subject to thc Permitted Exceptions, unto Grantee and Grantee's heirs. successors and assigns forever. And Grantors hereby covenants with Grantee that, except as above noted, that at thc time of thc delivery of this Warranty Dc'cd thc Property ,,vas free from all encumbrances made by it and that Grantors will warrant and defend thc same against thc laxvfid clailns and demands of all persons claiming by, through or under Grantors, but against none other. EXECUTED on the date set forth in tile acknowledgment altached hcrclo to bc effective as of thc da)' of , 199 WITNESS: LUIS B. RODRIGUEZ Name: Grantor Nail'lO: State of Florida Comity of Thc foregoing instrumcnt was acknox~:lcdgcd bcforc mc this day of , 1998 by (namc of pcrson ackno~vledging), who is personally known to mc or who has produccd (type of identification) as klcntificatiou and who did (did not) take an oath. Signature of Notary Public - State of Florida Priut. Type, or Stamp Name of Notary Public WITNESS: CANDIDA R. RODRIGUEZ Nan]c: G rantor Na111¢: State of Florida County of Thc foregoing instrument was acknowledged before mc this da)' of , 1998 by (name of person acknovdedging), who is pcrso,mlly known to mc or who has produced (type of identification) as identification and ,abe did (did not) take an oath. Signature of NoraD' Public - State of Florida Print, Type, or Stamp Name of Notary Public EXIIIBIT A TO S'FATI, ITORY WARRANTY DEED LAND Lot 8, Nichols First Addition to Dclray Beach, according to Ihc map or plat Ihcrcof as recorded in Plat Book 21, Page 69 of thc Public Records of Pal;}; Bcach County, Florida. EXItlBIT B TO STATUTORY WARRANTY DEED PERMITTED EXCEPTIONS TO DEED I. Taxcs and asscssmcnts for thc ),car of 1998 and subscqucnt years, xvhich arc not )'ct duc and payable. EXIIIBII' C BILL OF SALE AND ASSIGNMENT LUIS B. RODRIGUEZ and CANDIDA R. RODRIGUEZ, I llCAssignors"), for a,~d in consideration of the sum of TEN AND NO/lO0 DOLLARS ($10.00) and other good and valuable consideration paid to Assignors by thc City of Dclray Beach, [2]("Assigncc"), the receipt and sufficiency of which are hereby acknowledged, has ASSIGNED, SOLD, CONVEYED and DELIVERED, and docs hereby ASSIGN, SELL, CONVEY and DELIVER unto Assignee, its successors, heirs, executors, administrators personal representatives and assigns, all of Assignor's right, title and interest, if any, in and to the following: l. All of thc structures placed or installed on or about thc real property (thc "Real Property'?) being more particularly described m Exhibit. A, attached hcrcto and incorporatcd hcrcin by reference: and, 2. All intangible property (thc "Intangible Property") pertaining to thc Real Property or thc Personal Properly or thc usc thcrcof including, without li,nitatio,~, transferable t, tility contracts, transferable telephone cxchangc numbcrs, plans and specifications, engineering plans a,~d studies, floor plans and landscape plans relating to the same or any part of thc same, except as set forth in thc contract for sale and purchase. 3. Thc Assignor for itself and its successors, covenant to and with thc Assignee, its successors and assigns, that it is thc lawfi~l owner of thc personal property and intangible properly; lhal they arc fi'cc fi'om all encumbrances; that it has good right to sell thc at'orcsaid, and that it will warrant and defend thc sale of the personal property and intangible personal property on behalf of thc Assigncc, its successors and assigns, against Iht laxvful claims and dcma,]ds of all persons whomsoever. By acceptance of this Bill of Sale, Assignee accepts and agrees to all matters set forth herein. EXECUTED this ~ day of ., 199 . .. WITNESS: LUIS B. RODRIGUEZ Nellie: Name: CANDIDA R. RODRIGUEZ WITNESS: Name: Name: EXltlBIT A TO TIlE BII, L OF SALE AND ASSIGNMENT LAND Lot 8, Nichols First Additio~ to D¢lray Beach, according to thc map or plat thcrcof as rccordcd i~ Plat Book ~21, Page 69 of thc Pt~blic Records of Palm Beach Cotmty, Florida. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ SUBJECT: AGENDA ITEM ~'O.- REGULAR MEETING OF SEPTEMBER 15, 1998 RESOLUTION NO. 50-98 DATE: SEPTEMBER 4, 1998 This is a resolution assessing costs for abatement action necessary to remove nuisances on 25 properties located throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 50-98 assessing costs for abating nuisances on 25 properties throughout the City. ref:naagmemo RESOLUTION NO. 50-98 A HESOL ION CITY CO SSION THE CITY DEL Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CIT~ OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACC0~PAN~ THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED B~ THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEV~ TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100 21 and 100 22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a he,ring to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating -such nuisance, ~nd that the cost thereof would be levied as an assess- ment against said property; and, NHEREAS, the propert~ owner (s) named in the list attached . hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the t~-e limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s} failed and/or neglected to abate such nuisance(s) within the tl-e designated at the hearing wherein a decision was rendered adverse to the property owner (s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Comission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Co---ission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance (s) against said property owner (s) , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in laid report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the lame extent as the lien for general city taxes and shall be collectible An the-em-~ ~anner es mortgages ~nd fore- closures are under state Xaw. Sect:ton 2. That ouch assessments shall be legal, val4d and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beaah is hereby directed to imediately mail by first class mail to the owner(s) 2 Res. No. 50-98 of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Co~ission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) ~ays after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection ~osts including a reasonable attorney's fee. PASSED ANDADOPTED ~n regular eession on this the day of , 1998. , ~&~O~ ATTEST: City Clerk Res. No. 50-98 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT ROSEMONT PARK DELRAY, LOT 24, BLK 4, PB 13, TOKUMBO ABOISE& $89.00 P 60, PUBLIC RECORDS OF PALM BEACH CARLOTTA ABIOSE 70.00 ADM. FEE COUNTY, FL 5320 BUCHANAN ROAD (700 SW 5TM AVENUE) DELRAY BEACH, FL 33484 TOWN OF DELRAY, S 75 FT OF W 135.6 FT OF BLK $69.00 39, PB 11, P 34, PUBLIC RECORDS OF PALM BEACH ATUNE ENTERPRISES, INC. 70.00 ADM. FEE COUNTY, FL 3477 JUPITER BLVD. (315 SW 3a° STREET) PALM BAY, FL 32909 TOWN OF DELRAY, N 1/2 OF LOT 5, BLK 30, PB 1, P $51.00 3, PUBLIC RECORDS OF PALM BEACH COUNTY, AMY CHARLOW 70.00 ADM. FEE FL 125 SW 5TM AVENUE (125 SW 5TM AVENUE) DELRAY BEACH, FL 33444 OSCEOLA PARK, LOTS 11 & 12 (LESS SR R/W), BLK $250.00 104, PB 3, P 2, PUBLIC RECORDS OF PALM BEACH, FRANK GUADAGNINO 70.00 ADM. FEE FL 2512 NO. FEDERAL HWY (394-398 SE 5TM AVENUE) PO BOX 1447 DELRAY BEACH, FL 33447 SUB OF SEC 20-46-43, S 79.82 FT OF N 247.82 FT OF $59.00 E 1/2 OF W 1/2 OF LOT 30 LYG E OF GLENN R. HAGGERTY & 70.00 ADM. FEE GERMANTOWN RD (LESS E 60 FT OF SW 10TM PATRICIA B. HAGGERTY AVENUE R/W), PUBLIC RECORDS OF PALM 2675 OCEAN DRIVE BEACH COUNTY, FL, PB 28, P 68, PUBLIC VERO BEACH, FL 32963 RECORDS OF PALM BEACH COUNTY, FL (1113 WALLACE DRIVE) ODMANNS SUB, LOT 18, BLK 4, PB 4, P 53, PUBLIC EMANUEL HARRISON & $59.00 RECORDS OF PALM BEACH COUNTY, FL (40 SW LUCILLE HARRISON 70.00 ADM. FEE 13TM AVENUE) C/O LEROY HARRISON 321 ROSS DRIVE DELRAY BEACH, FL 33445 PRIESTS ADD TO ATLANTIC PARK GARDENS, $69.00 LOT 15, BLK 2, PB 23, P 70, PUBLIC RECORDS OF PERCIVAL JONES 70.00 ADM. FEE PALM BEACH COUNTY, FL 325 NW 5TM AVENUE (110 SW 14TM AVENUE) DELRAY BEACH, FL 33444 DELL PARK, LOT 9, BLK 5, PB 8, P 56, PUBLIC DAVID LIEVANO $- 0- RECORDS OF PALM BEACH COUNTY, FL 250 NE 12TM STREET 70.00 ADM. FEE (250 NE 12TM STREET) DELRAY BEACH, FL 33444 4 Res. No. 50-98 TOWN OF DELRAY, W 50 FT OF E 200 FT OF S 135 JOHNNIE MARTIN, JR $61.00 FT OF S 1/2 OF BLK 22, PB 10, P 38, PUBLIC 215 SW 7TM AVENUE 70.00 ADM. FEE RECORDS OF PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (215 SW 2NO STREET) ATLANTIC PARK GARDENS, DELRAY, LOT 19, J.D. MONROE & $51.00 BLK 2, PB 14, P 56, PUBLIC RECORDS OF PALM EARLINE MONROE 70.00 ADM. FEE BEACH COUNTY, FL 32 EARLE STREET (39 SW 13TM AVENUE) HARTFORD, CT 01620-1714 LAKE IDA SHORES, LOT 8 (LESS N 20 FT), BLK 3, $51.00 PB 25, P 54, PUBLIC RECORDS OF PALM BEACH NETWORK FINANCIAL CORP. 70.00 ADM. FEE COUNTY, FL 9100 GRIFFIN ROAD (532 NW 8TM AVENUE) COOPER CITY, FL 33328 ATLANTIC PARK GARDENS, DELRAY LOT 18, BLK $ - 0 - 4, PB 14, P 56, PUBLIC RECORDS OF PALM BEACH WlLLA M. NIXON 70.00 ADM. FEE COUNTY, FL 292 CHESSER-MONROE ROAD (222 SW 12TM AVENUE) HAWTHORNE, FL 32640 ATLANTlC GARDENS, DELRAY, LOT 16, BLK 8, PB $ - 0 - 14, P 63, PUBLIC RECORDS OF PALM BEACH BERTHA PRESTON 70.00 ADM. FEE COUNTY, FL 1001 WEST 3~'° STREET (31 SW 11TM AVENUE) RIVIERA BEACH, FL 33040 ATLANTIC PARK GARDENS, DELRAY, LOT 13, $51.00 BLK 2, PB 14, P 56, PUBLIC RECORDS OF PALM DAISY M. RAY 70.00 ADM. FEE BEACH COUNTY, FL P.O. BOX 74 (17 SW 13TM AVENUE) LENOX, GA 31637-0074 TOWN OF DELRAY, S 40 FT OF N 256 FT OF E 135 DELORES RIGGINS $51.00 FY OF BLK 31, PB 1, P 3, PUBLIC RECORDS OF A/K/A DELORES QUINCE 70.00 ADM. FEE PALM BEACH COUNTY, FL 6395 SEMINOLE CIRCLE (220 SW 4TM AVENUE) LANTANA, FL 33462 SILVER TERRACE DELRAY, LOTS 4 & 5, BLK 2, PB L.D. TERRY $301.00 11, P 61, PUBLIC RECORDS OF PALM BEACH 3111 SW RUCKS DAIRY ROAD 70.00 ADM. FEE COUNTY, FL OKEECHOBEE, FL 34974 (1205 SO. DIXIE HWY) RESUB OF S 1/2 OF BLK 38 & N 1/2 OF BLK 39, SHIRLEY T. WILLIAMS & $51.00 DELRAY BEACH, LOT 13, BLK 39, PB 11, P 34, O.B. THOMAS 70.00 ADM. FEE PUBLIC RECORDS OF PALM BEACH COUNTY, FL 816 SW 3~° COURT (222 SW 3a° AVENUE) DELRAY BEACH, FL 33444 SUB OF N 1/2 OF SE 1/4 Of SE 1/4 UNREC/LOT 1, PB JAMES BROWN & $67.00 1, P 3, PUBLIC RECORDS OF PALM BEACH HATTIE I~ BROWN 70.00 ADM. FEE COUNTY, FL 802 SW 3Rn STREET (802 SW 3R° STREET) DELRAY BEACH, FL 33444 DELRAY SHORES, LOT 1, BLK Il, PB 24, P 233, JOEL J. DENEUS & $61.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL DANIELLA DENEUS 70.00 ADM. FEE (660 UDELL LANE) 660 UDELL LANE DELRAY BEACH, FL 33445 5 Res. No. 50-98 DELRAY SHORES, LOT 5, BLK 7, PB 24, P 233, FT MORTGAGE CO. $89.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 8001 STEMMONS HWY 70.00 ADM. FEE (2578 DORSON WAY) DALLAS, TX 75247 TOWN OF DELRAY, S 50 FT OF W 135 FT oF BLK T. & EARLENE HAM, SR. $5'1.00 24, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH P.O. BOX 1473 70.00 ADM. FEE COUNTY, FL MERRITT ISLAND (SW 6TM AVENUE) FL 32952-I 473 TOWN OF DELRAY, LOT 18, BLK 23, PB 10, P 69,' MATILDA JOHI~SON $51.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 225 SW 6TM AVENUE 70.00 ADM. FEE (225 SW 6TM AVENUE) DELRAY BEACH, FL 33444 LA HACIENDA, DELRAY, LOT 10, BLK D,' pB 15, P 6, CHRISTINA STOPKOWlTZ $178.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL 726 LAKE AVENUE NORTH 70.00 ADM, FEE (726 NORTH LAKE AVENUE) DELRAY BEACH, FL 33483 GOLF PARK, LOT 9 (LESS S 16 FT OF W 45 IrT & S WOODBROOKE CONDO $100.50 14 FT OF E 71.54), BLK 1, PB 26, P 141, PUBLIC ASSOCIATION, INC. 70.00 ADM. FEE RECORDS OF PALM BEACH COUNTY, FL CIO GREGORY A. VARMER.,PRES. 929 SW 20TM COURT (SW 20TM COURT) DELRAY BEACH, FL 33445 VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUIANCE. 6 Res. No. 50-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER RESOLUTION NO. 51-98 DATE: SEPTEMBER 4, 1998 This is a resolution assessing costs for abatement action necessary for the emergency board-up of an unsafe structure located at 227 N.W. 5th Avenue (the North 315 feet of the West 135 feet of Block 26, Town of Delray). The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 51-98 assessing costs for emergency abatement action required to board-up an unsafe structure. ref:naagmemo RESOLUTION NO. 51-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNS~ BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an %~nsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determine~, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the ~mount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the s~me penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. - 2 - Res. No. 51-98 Section 3. That the City Clerk of the City of Delray Beach is hereby directed to innnediatelymail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall b~co~ effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1998. MAYOR ATTEST: City Clerk - 3 - Res. No. 51-98 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: Kazim Alli ADDRESS: 621 N. Dixie HiKhway, Lake Worth, Fi 33460 PROPERTY: 227 NW 5th Avenue. Delray Beach. Fi 33444 LEGAL DESCRIPTION: .~50' of N315' nf W135' of Block 26. of Palm Beach County, Fl. ' You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $1,305.79 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19 , has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 7-2-98 that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action requ. ired by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. 4 Res. No. 51-98 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 7-21-98 at a cost of $1,305.79 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional/administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE cITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF 'ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk 5 Res. No. 51-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/t SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF SEPTEMBER 15, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 10, 1998 Attached is the Report of Appealable Land Use Items for the period August 17th through September 11, 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:apagmemo TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR OF PL FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF SEPTEMBER 1~, 1998 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS AUGUST 17, 1998 THRU SEPTEMBER11, 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 August 17, 1998 through September 11, 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. · Initiated (6 to 0, Schwartz absent), a rezoning from R-I-A (Single family Residential) to MH (Mobile Home) for a residential lot within Lambert Trailer Park. · Determined on a 6 to 0 vote that tire and auto stores are not similar to the conditional uses within the PC (Planned Commercial) zoning district. City Commission Documentation Appealable Items Meeting of September 15, 1998 Page 2 · Determined on a 5 to 0 vote (Carbone abstained) that personal watercraft (waverunners/jet skis) are similar to the permitted uses in the AC (Automotive Commercial) zoning district. No other appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended on a 6 to 0 vote to postpone an amendment the Land Development Regulations Sections 4.4.9 GC (General Commercial) and 4.4.12 PC (Planned Commercial) to allow tire and auto stores as a principal or conditional use. · Recommended approval (6 to 0), of a city initiated rezoning from R-FAA (Single family Residential) to OSR (Open Space and Recreation) for Lots 262 and 263, within the Tropic Palms Subdivision, located on the north side of Curlew Road, between Albatross Road and Leon Weekes Environmental Preserve. First reading of the enacting ordinance was considered by the City Commission on August 18, 1998. · Recommended approval (6 to 0), of the closure of Curlew Road, south of Lots 262 and 263 within the Tropic Palms Subdivision to accommodate a parking area in conjunction with the Leon Weekes Environmental Preserve. · Recommended approval (6 to 0), of a conditional use request to establish a full service vehicle repair facility for Presidential Auto Leasing and Sales, Inc. at the former Delray Isuzu Dealership located at the southeast corner of South Federal Highway and Avenue "L". Recommended approval (6 to 0), of a conditional use request to allow two mixed-use developments each containing more than one residential unit on a parcel and to allow the owner the ability to lease the commercial space and the residential units to parties that are not the proprietors or employees of the business for Lloyd Hasner Delray Office, located on the south side of Martin Luther King Jr. Drive (NW 2nd Street) between Swinton Avenue and NWIst Avenue. · Recommended approval of a rezoning from SAD (Special Activities District) to AC (Automotive Commercial); and a conditional use request to establish a full service vehicle repair on a 5 to 0 vote (Carbone abstained) for Delray Kawasaki Dealership, located on the west side of North Federal Highway, approximately 120 feet north of Allen Avenue (former Miller Dodge site). · Recommended denial (4 to 2, Bird and Carbone dissenting) of an amendment to the Land Development Regulations Section 4.4.13 to provide regulations regarding "psychic reading/fortune telling etc." as an accessory use in the CBD (Central Business District). City Commission Documentation Appealable Items Meeting of September 15, 1998 Page 3 · Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 2.4.3(E) [Traffic Statements and Studies] to require major developers (more than 50 employees) locating within the TCEA (Traffic Concurrency Exception Area) to submit a program to implement employer- based transportation demand management activities. ° Recommended approval (6 to 0), of an amendment to the Land Development Regulations by removing adult entertainment establishments as a conditional use in the GC (General Commercial) zoning district and amending Section 4.3.3(AA) providing for further regulation of adult entertainment establishments. Concurrently, the Board recommended denial (6 to 0) of an amendment to the Land Development Regulations by removing adult entertainment establishments as a conditional use in the GC (General Commercial) and MIC (Mixed Industrial and Commercial) zoning districts and allowing such establishments as permitted uses in the MIC district and amending Section 4.3.3(AA) providing for further regulation of adult entertainment establishments. (Note the City Commission has already considered these items). A. Approved (5 to 0, Shutt arrived late), a fiat wall sign for Fronrath Used Cars and Trucks, located at the northeast corner of Avenue "G" and South Federal Highway (2605 S. Federal Highway). B. Approved (6 to 0), a request for a color change for Presidential Leasing, located at the southeast corner of South Federal Highway and Avenue "L". C. Approved (6 to 0), a request for a color change for Life Care Services Office Building (Delray Park of Commerce - Tract R~2), a proposed office building located at the northeast corner of Lake Ida Road and Congress Avenue. D. Approved (6 to 0), the architectural elevation plan (facade changes) and a color change for Delray Beach Boys and Girls Club at the Catherine Strong Building, located at the southeast corner of SW 6th Street and SW 15th Avenue. E. Approved (6 to 0), a Class II site plan modification associated with the installation of a perimeter fence for the Drug Abuse Foundation of Palm Beach County, located at the southwest corner of SW 4th Street and Swinton Avenue. F. Approved (6 to 0), the architectural elevation plan (awning addition) at Ernie's Restaurant, located at the southeast corner of East Atlantic Avenue and Venetian Drive. City Commission Documentation Appealable Items Meeting of September 15, 1998 Page 4 G. Approved (6 to 0), the architectural elevation plan (awning addition) for Orange Royal Farmer's Market, located on the west side of South Federal Highway, at the south City limits. H. Approved (6 to 0), the architectural elevation plan (awning addition) for Bennardo's Restaurant, located at the northwest corner of N.E. 6th Avenue (Northbound Federal Highway) and NE 1st Street. I. Approved with conditions (5 to 0), a Class Ill site plan modification, landscape plan and architectural elevation for Pineapple Town, located at the southeast corner of Pineapple Grove Way (NE 2nd Avenue) and NE 2nd Street. The site plan modification is to allow the elimination of an approved 2,040 sq. ft. building addition, conversion of one of the existing buildings to a restaurant and installation of a 5-space asphalt parking lot and a 6-space pea rock temporary parking lot (the temporary parking lot will be scheduled for consideration by the City Commission on September 22, 1998). J. Approved with conditions (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the conversion of an existing single family house to a religious retreat to be known as Roseaire Retreat, located on the west side of Gallagher Drive at the end of Brady Boulevard. The modification seeks to change the previous site plan approval by eliminating Phase III and modifying Phases land II. K. Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of 4 two-story office buildings totaling 108,000 sq. ft. within Congress Park, located on the west side of Congress Avenue approximately 1,000 feet south of Atlantic Avenue. L. Approved with conditions (6 to 0), a Class II site plan modification, landscape plan and architectural elevation plan associated with the installation of two above ground fuel tanks for the City of Delray Beach Public Works Complex, located on the west side of Swinton Avenue, south of SW 4th Street. M. Approved (6 to 0), a request for a color change for Morrison-Swank, an existing mixed use building (office/residential), located on the north side of NE 4th Street, east of NE 3rd Avenue. M. Approved (5 to 0, Perez-Azua abstained) a Class II site plan modification, landscape plan and architectural elevation plan associated with fa(;ade City Commission Documentation Appealable Items Meeting of September 15, 1998 Page 5 and landscape improvements to accommodate the Miami City Ballet at Pineapple Center, located on the east side of Pineapple Grove Way, between NE 2nd Street and NE 3rd Street. O. Approved (6 to 0), the architectural elevation plan (fa(;ade changes) and a color change for Gillis Signature Showroom Imports, located at the northwest corner of East Atlantic Avenue and NE 7th Avenue. P. Approved with conditions (6 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the expansion of the Pine Grove Elementary School Recreational Facilities, located at the southeast corner of SW 10th Street and SW 7th Avenue. Q. Approved with conditions (6 to 0), a Class V site plan modification, landscape plan and architectural elevations in conjunction with the installation of a parking lot and playground equipment and associated improvements for the Leon Weekes Environmental Preserve, located at the east end of Curlew Road, and Albatross Road. R. Approved with conditions (6 to 0), a Class V site plan modification, landscape plan and architectural elevation plan associated with the construction of a five story multiple family building (containing 32 units) with ground level parking for Mallory Square (fka Colony Club), to be th st located at the southwest corner of NE 7 Avenue and NE 1 Street. Concurrently, the Board approved the following special actions; · Reducing the required stacking distance along NE 1st Street from 50' to 12'. · Reducing the right-of-way width from 60' to 40' for NE 7th Avenue. · Approved an off-site parking arrangement to provide the adjacent businesses (Carole Financial Plaza and Great Western Bank) with their required parking as their parking lots were purchased by the developer. · Also the Board approved a waiver to reduce the maneuvering area on the ground floor parking lot. 1. Approved (5 to 0, Keller absent), a request for a Certificate of Appropriateness to allow a nonconforming asphalt driveway to be replaced with ribbon strip pavers for a single family residence, located at 109 North Dixie Boulevard. City Commission Documentation Appealable Items Meeting of September 15, 1998 Page 6 2. Approved (4 to 0, Turner abstained), a Certificate of Appropriateness in conjunction with the conversion of the eight unit apartment building to four residential units and installation of a courtyard awning at the Sundy Inn, located at the southwest corner of Swinton Avenue and SW 1st Street. 3. Approved (5 to 0) a request for a Certificate of Appropriateness for an awning addition at the Damiano's Restaurant, located at the southwest corner of Swinton Avenue and NE 1st Street. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR ~UL~S~EA"BL~. CITY COMMISSION MEETING OF SEPTEMBER 15, 1998 L-.30 CANAL .r ~ LAKE IDA ROAD t- g ' LOWSON BOULEVARD LIN TON BOULEVARD ? L-58 CANAL C-15 CANAL S.P.R.A.B.: Clef LIMITS ........... A. - FRONRATH USED CARS & TRUCKS M. - MORRISON-SWANK B. - PRESIDENTIAL LEASING N. - PINEAPPLE CENTER C. - LIFE CARE SERVICES OFFICE BUILDING O. - GILLIS & SONS SIGNATURE IMPORTS D. - DELRAY BEACH BOYS & GIRLS CLUB P. - PINE GROVE PARK 1 MILE I I E. - DRUG ABUSE FOUNDATION OF O. - LEON M. WEEKES ENVIRONMENTAL PRESERVE SCALE PALM BEACH COUNTY R. - MALLORY SQUARE (f.k.o. COLONY CLUB) F. - ERNIE'S RESTAURANT G. - ORANGE ROYAL FARMERS MARKET N ,. - BERNNARDO'S RESTAURANT H.P.B.: I. - PINEAPPLE TOWN ~ J. - ROSEAIRE RETREAT 1. - lOg N. DIXIE BOULEVARD CITY OF DELRAY B~ACH, F'L K. - CONGRESS PARK 2. - SUNDY INN PLANNING &: ZONING DEPARTMENT L. - CITY OF DELRAY BEACH PUBLIC 3, - DAMIANO'S RESTAURANT -- DIG/r,41_ ~4SE ,U.,4P sYsr£k~ -- WORKS COMPLEX MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~l SUBJECT: AGENDA ITEM - REGULAR MEETING OF SEPTEMBER 15, 1998 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 11, 1998 This is before the City Commission to approve the award of the following bids and contracts: 1. Bid award in the amount of $92,345.15 to Jam Rock, Inc. for sidewalk construction on S.W. 4th Street between Swinton Avenue and S.W. 6th Avenue, and on S.W. 6th Avenue from S.W. 4th Street to Atlantic Avenue, with funding from 118-1965- 554-63.11 (Community Development - Bikepaths/Sidewalks) . 2. Bid award in the estimated annual amount of $12,705.00 to Jones Chemicals, Inc. for the purchase of hydrofluosilicic acid (liquid flouride) for the Water Treatment Plant, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals) from FY 1999 Budget. 3. Contract award in the total amount of $26,050.00 (base bid $24,850 plus $1,200 for alternate #1) to Republic Construction & Development Corp. for renovations to the employee lounge/training room at the Parks and Recreation maintenance facility, with funding from 001-4131-572-62.10 (Parks and Recreation - Buildings). 4. Contract award in the amount of $407,020.00 to Telcon, Inc. for Phase II of the Highland Beach Force Main Replacement project (along A1A from Hibiscus Drive south to the point of connection at the Highland Beach town limits), with funding from 442-5178-536-63.92 (Water and Sewer R&R/Highland Beach Force Main). 5. Bid award at an estimated annual cost of $30,000.00 to Aquifer Maintenance & Performance Systems, Inc. for the annual contract for well rehabilitation, with funding from 442-5178-536-61.82 (Water and Sewer R&R/Well Rehab) from 1999 Budget. 6. Bid award at an estimated annual cost of $16,500.00 to Walcott & Son as the primary contractor and to RPMS Co., Inc. as the secondary (backup) contractor for Code Enforcement nuisance abatements (lot clearing and mowing), with funding from 001-2741-524-34.30 (Code Enforcement - Lot Mowing/Clearing) from 1999 Budget. 7. Purchase award in the total amount of $46,249.67 to GameTime, via Florida SNAPS (State Negotiated Agreement Price Schedule) contract, for playground equipment to be installed at Merritt Park and the Leon Weekes Environmental Preserve. Funding in the amount of $17,862 (Merritt Park) will be from 118-1965-554-63.40 (CDBG/Recreation Improvements), with $28,387.67 (Weekes Preserve) from 117-4169-572-63.40 (Recreation Impact Fee - Recreation Improvements). 8. Purchase award in the total amount of $11,395.00 to HTE Inc., sole source vendor, for interactive reporting software (Cognos Impromptu for CRIMES/CADIII) to interface with the Police Department's AS400, with funding from 115-2114-521- 64.11 (Block Grant Special Projects/Computer Equipment). 9. Bid award in the amount of $24,747.00 to Hoover Canvas Products Co. for seat "kill" or cover for certain sections of the tennis stadium seating during the Chris Evert Pro-Celebrity Tennis Classic, with funding from 334-4145- 572-63.90 (General Construction Fund - Tennis Center). 10. Purchase award in the total amount of $18,787.87 to J.C. White Office Furniture, via Florida State Contract, for replacement office furniture in the Juvenile Investigations Division and Crimes Against Persons Division at Police headquarters, with funding in the amount of $12,318.40 from 001-2115-521-51.20 (Police Investigation/Office Equipment) and $6,469.47 from 001-2115-521-64.10 (Police Investigation/ Office Furniture & Fixtures). Recommend approval of the bid and contract awards listed above. ref:agmemo8 , Agenda Item No.: ~ AGENDA REQUEST DATE: Sept. 2, 1998 Request to be placed on: x Regular Agenda Special Agenda ~ Workshop Agenda When: Sept. 15, 1998 Description of item (who, what, where, how much) Project No. 98-009 Construction of sidewalk on SW 4th St. between Swinton Ave. and SW 6th Ave, in addition to, sidewalk construction along SW 6th Ave. between SW 4th St. and Atlantic Ave. The construciton includes approximately 4500 linear feet of 5 food wide concrete sidewalk, 5450 Square feet of concrete drive aprons, and 4500 Square yards of swale sodding and roadside swale grading. This is a Federal Aid project. The lowest responsible responsive bidder for this project was Jam Rock, Inc. with a bid of $92,345.15. Funding source for this project is Account No. Communi _ty Development/sidewalk~ 118-1965-554-63.11 $92.34`5.1,5 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 98-009, ~-C~,,v~; Term_ce Ro"d';;;y & .b:~3pa;~/~,~R~ to ~1~ Rock, Inc. for the~d~n the amount of $92,345.15. '" ..... Signature: Determination of Consistency with Comprehensive Plan: Ci~ A~orney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives (if applicable) Account No. & Description Ci~ Manager Review: ~:~:o~:~:,or agenda: ~/NO ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 98-009(A) projects/98-009/contra~agenda.doc Agenda Item No.: AGENDA REQUEST DATE: Sept. 2, 1998 Request to be placed on: x Regular Agenda Special Agenda ~ Workshop Agenda When: Sept. 15, 1998 Description of item (who, what, where, how much) Project No. 98-009 Construction of sidewalk on SW 4th St. between Swinton Ave. and SW 5th Ave, in addition to, sidewalk construction along SW 6th Ave. between SW 4th St. and Atlantic Ave. The construciton includes approximately 4500 linear feet of 5 food wide concrete sidewalk, 5450 Square feet of concrete drive aprons, and 4500 Square yards of swale sodding and roadside swale grading. This is a Federal Aid project. The lowest responsible responsive bidder for this project was Jam Rock, Inc. with a bid of $92,345.15. Funding source for this project is Account No. Commu nib/. Development/sidewalks 118-1965-554-63.11 $92.345.15 ORDINANCE/RESOLUTION REQUIRED: YES/N_.~O DRAFT ATTACHED YES/N_.~O Recommendation: Staff recommends award of Project No. 98-009, SW 4th Street/SW 6th Avenue Sidewalk Improvemept~o Jam Rock, Inc. fo, r3their bid in the amount of $92,345.15. Department Head (//'. /~/~(~ Signature: ~_~i~-/ ~- ~ ~'z"F'~ ~?/oc//~'~:~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 98-009(A) projects/98-009/contract/agenda.doc DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM: Barron Caronite, Assistant City Enginee~ DATE: September 2, 1998 SUBJECT: SW 4th Street / SW 6th Avenue Sidewalk Improvements Project No. 98-009 Enclosed is an Agenda Request and bid tabulation for the regular Commission Meeting on September 15, 1998. The work generally consists of the construction of the following: Construction of sidewalk on SW 4th St. between Swinton Ave. and SW 6th Ave, in addition to, sidewalk construction along SW 6th Ave. between SW 4th St. and Atlantic Ave. The construciton includes approximately 4500 linear feet of 5 food wide concrete sidewalk, 5450 Square feet of concrete drive aprons, and 4500 Square yards of swale sodding and roadside swale grading. This is a Federal Aid project. Attached is the bid tabulation and a location map. The lowest responsible, responsive bidder for this project was Jam Rock, Inc. with a bid of $92,345.'15. Funding Source Account Number Amount Community Development/sidewalks 118-1965-554-63.11 $92,345.15 If acceptable, please place this item on the agenda for commission approval. Attachment cc: Randal Krejcarek, P.E. City Engineer Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director Dennis Thompson, Community Improvement Lula Butler, Director of Community Improvement File: 98-009 (A) NTA-MEMO.doc ,fi.R/ ATLANTIC AVENUE ,---, ."~_k4 I~k I~ I~,t I I ~ ST. -- S.E. ~~, ,,~ ,,, ~~~ - ,~ CITY of DELRAY BEACH SITE LOCATION MAP .,,~oc, I ENVIRONMENTAL SERVICES DEPARTMENT SIDEWALK PROJECT 434 SOUTH S~IINTON A~E¢I~, I)~.'UY l~Cl{, II'LORIgA 33444 98-009 ] Of 1 { Agenda Item No.: ~ AGENDA REQUEST Date: September 02, 1998 Request to be placed on: Consent __~ ~e~j~a-l-~ Agenda Special Agenda Workshop Agenda When: September 15, 1998 Description of agenda item (who, what, where, how much): Bid Award - Bid #98-55 - Hydrofluosilicic Acid - Annual Contract. Award to low responsive bidder~ Jones Chemicals at an estimated annual cost of $12~705.00. Funding from account code 441-5122-536-52.21 from 1998/99 budget. Contract would start October 01, 1998. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Jones Chemicals at a estimated annual cost of $12~705.00 for purhcase of hydrofluosilicic acid (liquid flourtde). Determination of Consistency with~C.6mprehensive Plan ' City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: (~/ NO ~%~8 ~ ~'~'~"~ ~~_ Funding alternatives: . . f ~f applicable) Account No. & Description: ~-{~Z-~~-~ ~h~A~[~ Account Balance: ~ ~i ~ _~0_' '~_~__-~-~,~~- ~ City Manager Review: ApprovedHold Until: for agenda: ~/ NO~ Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph Saqff~~ce Director DATE: September 02, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 15, 1998 - BID AWARD BID #98-55 - HYDROFLUOSILICIC ACID - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve the award of Bid #98-55 to low responsive bidder, Jones Chemicals, for the purchase of hydrofluosilicic acid at a total estimated annual cost of $12,705. Background: The Water Treatment Plant has a need for an annual contract for the purchase of hydrofluosilicic acid (liquid form of flouride). Bids were received from two (2) vendors all in accordance with City purchasing policies and procedures. (Bid #98-55. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Manager of the Water Treatment Plant recommends award to Jones Chemicals per attached memo dated September 01, 1998. The estimated annual usage for hydrofluosilicic acid for the Water Treatment Plant is 15,000 gallons. Recommendation: Staff recommends the award to low responsive bidder, Jones Chemical, at a estimated annual cost of $12,705. Funding from account code 441-5122-536-52.21. (1998-99 Budget) Attachments: Tabulation of Bids Memo From Water Treatment Plant BID NUMBER 98-55 HYDROFLUOSILICIC ACID -ANNUAL CONTRACT BID OPENING - AUGUST 28, 1998 AT 3:00 P.M. ALLIED UNIVERSAL CORPORATION $ .94 GALLON JONES CHEMICALS, INC. $ 0.847 GALLON MEMORANDUM To: Jackie Rooney, Buyer From: Don Haley, Manager of Water Treatment Plant SUB: HYDROFLUOSILICIC ACID BID #98-55 Date: September 1, 1998 After review of bids and speaking with the supplier, I recommend that we award Bid #98- 55 at the rate of $0.847/Gal. to Jones Chemical. After commission approval, your notice to the vendor should include the statement that the City will wave the minimum delivery of 1,000 gallons, but all deliveries will be made in daylight. DH:dk cc: Dan Beatty, Deputy Director Public Utilities File: hydacid.doc Agenda Item No. AGENDA REQUEST Date: September 3, 1998 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: September 15, 1998 Description of item (who, what, where, how much): Staff request the City Commission approve a construction contract with Republic Construction & Development Corp., the lowest responsive bidder with base bid plus alternate #1, in the amount of $26,050.00, for interior renovations in constructing an Employee Lounge/Training Room at the Parks & Recreation maintenance facility. Funding is available from the Parks & Recreation / Buildings account No. 001-4131-572-62.10. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve a construction contract with Republic Construction & Development Corp., in the amount of $26,050.00 for interior renovations in constructing an Employee L/cu.~ge/Trai/~ing Room at the Parks & Recreation maintenance facility, ( ¢: ~/~. ~.~,~ Department head signature: ',J-~,..~,7~-- ' - ~ ~- ~t - Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re,,q~d on all items involving expenditure of funds): Funding available: EI~..~NO Funding alternatives (if applicable): Account No. & Description 001-4131~572-62.10' Parks & Recreation, Buildings AccountBalance~'~.~,~./J-~ ~ d~' k/,7)'¢//~,,~ ~. ~, City Manager Review: /-_~ . A L/ -- Approved for agenda: ,~S/NO F/'~I Hold Until: (~ ./ L~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\,..\98065~agreq915 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager ~~ From: Victor Majtenyi Assistant Construction Manager Date: September 03, 1998 Subject: AGENDA REQUEST for 9/15/98 Parks Department Employee Lounge/Training Room Project No. 98-065 Attached is an Agenda Request for City Commission approval of award of contract to Republic Construction & Development Corp., for the construction of an Employee Lounge/Training Room at the Parks & Recreation maintenance facility. The work consists of renovating an existing 20' x 30' bare storage room and installing air-conditioning, acoustical ceiling, recessed lighting, drywall partition, vinyl floor covering, and a kitchen counter with sink. Also included, associated modifications to the plumbing and electrical systems. On Tuesday, August 25, 1998, the City opened bids for this project, with the lowest responsive base bid at $24,299.00 from Castle Florida Building Corporation. The base bid did not include any floor covering; owner will furnish and install carpeting under separate contract. However, included with this bid package were two add alternates for two types of floor coverings; vinyl and ceramic tile. Upon evaluating the bids, the vinyl floor tile appears to be the most cost effective, and practical, for this application. Therefore, Republic Construction & Development Corporation is the lowest responsive bidder in the amount of $26,050.00, with base bid plus alternate #1 for vinyl floor tile. A copy of the bid tabulation is attached for your review. A check of the contractor's references proved favorable. Staff recommends the City Commission approve an award of construction contract to Republic Construction & Development Corporation, in the amount of $26,050.00 for the renovations to the Parks & Recreation Employee Lounge/Training Room. Funding is available from account 001-4131-572-62.10, Parks and Recreation/Buildings. cc: Joe Weldon, Director of Parks and Recreation Howard Wight, Deputy Director of Construction File 97-022 (A) s\...\98065\agmem915 AGENDA REQUEST Agenda Item No. ~ Date: September 9, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 15, 1998 Description of item (who, what, where, how much): Staff requests Commission award a construction contract to Telcon Inc., as the lowest responsive bidder for the Phase II Replacement of the Hiqhland Beach Force Main (PN 95-032) in the total amount of $407,020.00. The project generally consists of the construction of 3,440 L.F. of 16" force main, 2,080 L.F. of 12" force main and abandonment of 5,500 L.F. of 12" force main between Hibiscus Road and Highland Beach City limits on A-1-A. Funding is from R&R Account #442-5178-536-63.92, Highland Beach Sewer Main. ORDINANCE/RESOLUTION REQUIRED: YES~DRAFT ATTACHED YES~_~ Recommendation: Staff recommends award of contract to Telcon Inc. in the amount of $407,020.00. 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: ~YE~/NO Funding alternative~- (if applicable) Account No. & Description ~7-CY/~,f' Account Balance~ ~ ~/. City Manager Review: ~/ ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file: s/eng/eng/project/9532/official/ag10196.doc City Of Delray Beach. Department of Environmental Services MEMORANDUM TO: David T. Harden City Manager FROM: C Danvers Beatty, P E Deputy Director of Ut~'t~s -- SUBJECT: HIGHLAND BEACH FORCE MAIN REPLACEMENT PHASE II PROJECT NUMBER 95-032 DATE: September 9, 1998 Attached is an Agenda Request, location map and tabulation of bids received for the subject project on August 25, 1998. The firm of Telcon, Inc. is the apparent lowest responsive bidder with a total proposal of $407,020.00 for the Phase II Force Main construction along A-lA from Hibiscus Dr. to the point of connection at the Highland Beach City limits. Also included in this project is the pigging and television inspection of two Intracostal watermain crossings, one at S.E. 8t~ Street and the other at Dogwood Drive. Based on their proposal and satisfactory performance of past work in the City, we will be recommending award of the project to Telcon, Inc. in the total amount of $407,020.00. Funding will be from R&R Account//442-5178-536-63.92, Highland Beach Sewer Main. Please place the item on the September 15, 1998 Agenda for consideration by City Commission. CDB/cdb Att: cc: Richard C. Hasko, Director of Environmental Services File: Agenda File file: S:\EngAdmin~Projects\95\95 -032\OFFICIAL~AGMEMO.doc II ,~%, CITY of DELRAY BEACH EN~RON~ENTAL SE:R¥ICES DEPARTMENT HIO. HI.~N]) BEACH F.'~. PHASE Agenda Item No.: ~ AGENDA REQUEST Date: September 08. 1998 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: September 15~ 1998 Description of agenda item {who, what, where, how much): Bid Award - Bid #98-50 Well Rehabilitation - annual contract. Award to low responsive bidder, Aquifer Maintenance & Performance Systems, Inc.. for an estimated annual cost of $30,000. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Aquifer Maintenance Systems Inc. for the annual contract for well rehabiliation, per bid #98-50, at an estimated annual usage of $30;000. Funding from account #442-5178-536-61.82 (1998-gg budget). 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: Q/ NO }~-~ ~-~--(~~apq)~ I~ Funding alternatives: plicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: 7 NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~ THROUGH: Joseph ~ce Director DATE: September 08, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 15, 1998 - BID AWARD BID #98-50- WELL REHABILITATION - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve the award of Bid #98-50 to low responsive bidder, Aquifer Maintenance & Performance Systems, Inc., for the annual contract for Well Rehabilitation at an estimated annual cost of $30,000. Background: The Water Treatment Plant has a need for an annual service contract for production well rehabilitation for twenty-eight (28) wells for the City of Delray Beach to keep iron bacteria down to a minimum. Production well rehabilitation is done on an average of four (4) wells per year continuously. Bids were received from five (5) vendors all in accordance with City purchasing policies and procedures. (Bid #98-50. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Manager of the Water Treatment Plant recommends award to Aquifer Maintenance and Performance Systems, Inc. per attached memo dated September 02, 1998. The estimated annual usage for well rehabilitation is $30,000. Recommendation: Staff recommends the award to low responsive bidder, Aquifer Maintenance and Performance Systems, Inc., at an estimated annual cost of $30,000. Funding from account code 442-5178- 536-61.82 (1998-99 budget). Attachments: Tabulation of Bids Memo From Water Treatment Plant MEMORANDUM To: Jackie Rooney, Buyer From: Don Haley, Manager of Water Treatment Plant SUB: WELL REHABILITATION BID #98-50 Date: September 2, 1998 After review of bids, the tabulation is in favor of Aquifer Maintenance and Performance Systems, Inc. I recommend we award the well service/rehabilitation Bid #98-50 to Aquifer Maintenance & Performance. Please prepare the necessary paperwork for commission approval. The estimated annual dollar amount is $30,000, and the funding source will be from account #442-5178-536-6182. DH:dsk cc: Dan Beatty, Deputy Director Public Utilities File: bid98-50 CITY OF DELRAY BEACH TABULATION OF BIDS BID #98-50 WELL REHABILITATION - ANNUAL CONTRACT AUGUST 26, 1998 AQUIFER MORTON PUMP WELL WATER VENDORS: MAINTENANCE & & DRILLING SYSTEMS INC. PERFORMANCE INC. 1. MOBILIZE, DEMOBILIZE AND $ 500.00 $ 1,000.00 $ 2,500.00 CLEANUP PER WELL PER WELL PER WELL 2. WELLHEAD AND PUMP $ 1,000.00 $ 1,000.00 $ 3,100.00 REMOVAL CLEANING PER WELL PER WELL PER WELL & REINSTALLATION 3. SPECIFIC CAPACITY $ 65.00 $ 60.00 $ 125.00 TEST (W/EXISTING PER HOUR PER HOUR PER HOUR PUMP) BEFORE AND AFTER MOBILIZATION 4. WELL ACIDIFICATION $1,800.00 $ 1,400.00 $ 2,000.00 EPA/ WELLFIELD PER WELL PER WELL PER WELL PRODUCTION APPROVED SULFAMIC SULFAMIC CHEMICALS ACID ACID 5. WELL DEVELOPEMENT $ 120.00 $ 165.00 $ 150.00 PER HOUR PER HOUR PER HOUR 6. DISINFECTION OF $ 0.00 $ 50.00 $ 550.00 WELL AFTER INSTALLED REHABILIZATION CALCIUM CHLORINE USING CHEMICAL HYPOCHLORITE 1000 PPM 7. PUMP/ MOTOR $ 120.00 $ 125.00 $ 200.00 FISHING / PER HOUR PER HOUR PER HOUR RETRIEVAL 8. TRAVEL PER DIEM $ 0.00 $ 0.00 $ 50.00 9. WELL VIDEO'S (PRE $ 650.00 $ 950.00 $ 1,400.00 AND POST TO EACH ACIDIFICATION) 10. HOURLY RATE FOR $ 100.00 $ 125.00 $ 125.00 BOOM TRUCK PER HOUR PER HOUR PER HOUR 2/TWO MEN FOR TRUCK FOR TRUCK FOR TRUCK 11. HOURLY RATE FOR $ 35.00 $ 30.00 $ 45.00 SINGLE MAN HOUR PER HOUR PER HOUR PER HOUR AQUIFER MORTON PUMP WELL WATER VENDORS: MAINTENANCE & & DRILLING SYSTEMS INC. PERFROMANCE INC. LIST OF CHEMICALS WELL KLEEN NSF MIX 350 LBS. OF SULFAMIC ACID. AND PROCESSES TO BE CERTIFIED SULFAMIC ACID W/ 3 TIMES THE USED FOR HYDROCHLORIC 3% 1000 GALLONS OF VOLUME OF THE WELL ACIDIFICATION TO 10% MAXIMLrM WATER AND PUMP WELL INJECTED CITRIC & SULFAMIC INTO SCREEN BY TRIMMIE LIME (NOT USED IN PORTION OF WELL. THROUGHOUT COMBINATION BUT LET SIT OVER- THE AREA OF THE DETERMINED BY NITE AND THEN SCREEN OR HOLE CONDITIONS REMOVE. OPEN BOREHOLE. AND WATER SAMPLES) 2% SOLUTION. CHEMICALS ARE PLACED VIA TREMIE PIPE AND JETTED (WHEN CONDITIONS ALLOW) A PRESSURE TIGHT HEAD WITH PSI GAUGE, BLOW OFF VALVE AND BRADEN HEAD WILL BE USED WITH HYDROCHLORIC ACID. DISINFECTION OF WELL STABILIZED SODIUM MIX CALCIUM CHLORINE 1000 AREAS AFTER REHAB. HYPOCHLORITE OR HYPOCHLORITE PPM 3 TIMES INHIBITED CALCIUM IN WATER AND VOLUME OF WELL HYPOCHLORITE WITH DISPERSE INTO AND PUMPED PH RANGES FROM 4 ENTIRE WELL OFF 48 HOURS TO 11 DEPENDING AND SCREEN LATER. ON HOLE COND- AREA. LET ITIONS & SIT OVERNITE BACTERIOLOGICAL AND THEN ACTIVITY. REMOVE. TABULATION OF BIDS CONT ..... JAFFER LAYNE ATLANTIC VENDORS: ASSOCIATES DIV. OF LAYNE LTD. CHRISTENSEN CO. 1. MOBILIZE, DEMOBILIZE AND $ 2,500.00 $ 2,500.00 CLEANUP PER WELL PER WELL 2. WELLHEAD AND PUMP $ 2,500.00 $ 1,100.00 REMOVAL CLEANING PER WELL PER WELL & REINSTALLATION 3. SPECIFIC CAPACITY $ 100.00 $ 85.00 TEST (W/EXISTING PER HOUR PER HOUR PUMP) BEFORE AND AFTER MOBILIZATION 4. WELL ACIDIFICATION $ 2,000.00 $ 5,000.00 EPA/ WELLFIELD PER WELL PER WELL PRODUCTION APPROVED 20% HCL ACID SONAR-JET CHEMICALS STRENGTH IN METHOD - NO BAUMES 18 CHEMICALS 5. WELL DEVELOPEMENT $ 100.00 $ 100.00 PER HOUR PER HOUR 6. DISINFECTION OF $ 55.00 $ 1,000.00 WELL AFTER REHABILIZATION 1000 PPM HTH USING CHLORINE SOLUTION SOLUTION 7. PUMP/ MOTOR $ 150.00 $ 100.00 FISHING PER HOUR PER HOUR / RETRIEVAL 8. TRAVEL PER DIEM N/A $ 250.00 9. WELL VIDEO'S (PRE $ 2,200.00 $ 2,000.00 AND POST TO ACIDIFICATION) 10. HOURLY RATE FOR $ 150.00 $ 100.00 BOOM TRUCK PER HOUR PER HOUR 2/TWO MEN FOR TRUCK FOR TRUCK 11. HOURLY RATE FOR $ 37.50 $ 49.00 SINGLE MAN HOUR PER HOUR PER HOUR JAFFER LAYNE ATLANTIC VENDORS: ASSOCIATES DIV. OF LAYNE LTD. CHRISTENSEN CO. LIST OF CHEMICALS 20% HCL ACID/ SONAR-JET AND PROCESSES TO BE STRENGTH IN SONIC CLEANING USED FOR BAUMES @18%. NOTE: LAYNE WILL WELL ACIDIFICATION INTRODUCE 20% TAKE EVERY PRE- INHITITED HCL CAUTION DURING ACID. ACID SCOPE OF WORK INJECTED INTO DESCRIBED ABOVE & THE WELL WITH THE PROPER THROUGH A SELECTION OF DOUBLE BELTING SONAR JET CHARGES, AGITATOR FROM DAMAGE TO SCREEN SURFACE TO TOTAL AND/OR WELL CASING DEPTH OF WELLS. IS HIGHLY IMPROBABLE, AFTER COMPLET- BUT DUE TO THE ING ACID IN- CONDITION AND AGE INJECTION, WELL OF THE WELL, LAYNE WILL BE AGITATED CANNOT BE HELD MIN. 4 HRS OR RESPONSIBLE IF LONGER. DAMAGES OCCUR. AIRLIFTING & PUMPING TO SURGE & REMOVE SPENT ACID RETAINED INTO WATER TIGHT TANK TO BE PH NEUTRAL- IZED (7.2-7.4) PRIOR TO BEING PUMPED TO THE ONSITE RETENTION AREA. DISINFECTION OF WELL SODIUM INJECT CHLORINE AREAS AFTER REHAB. HYPOCHLORITE INTO SCREENS AND INTRODUCE INTO PUSH OUT INTO THE REHAB. WELL FORMATION. LET 1000 PPM SIT OVERNIGHT AND CHLORINE PUMP OFF NEXT DAY SOLUTION INTO DURING THE CAPACITY THE WELL IN TEST. ORDER TO THROUGHLY CLEANSE AND DISINFECT IT. Agenda Item No.: ~ AGENDA REQUEST Date: September 08~1.998 Request to be placed on: Consent XX ~*~{-~r Agenda Special Agenda Workshop Agenda When: September 15, 1998 Description of agenda item {who, what, where, how much): Bid Award - Bid #98-54 - Nuisance Abatements (Lot Clearing & Mowing) for Code Enforcement to low responsive bidder Walc0t~ & Son as primary contractor an4 RPMS Co. Inc. as secondary (backup) contractor at an estimated annual cost of $16,500. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Walcott & Son as primary contractor and RPMS Co. Inc. as secondary contractor for Nuisance Abatements (Lot ClearinK and Mowing) for Code Enforcement at an estimated annual cost of $16~500. Funding from account code 001-2741-524-34.30 (1998-99 bud§et). 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: Q NO '9~ ~ 9'q ~~--' ~~I%1~~ Funding alternatives: (if ~p~licable) Account No. & Description: Account Balance: City Manager Review: Appr°ved f°r agenda: ~ NO ~1Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn.Rooney., Purchasing Supervisor C~ THROUGH: Joseph SaX~~ce Director DATE: September 08, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 15, 1998 - BID AWARD BID//98-54 - NUISANCE ABATEMENTS FOR CODE ENFORCEMENT Item Before Commission: City Commission is requested to approve award to Walcott & Son as primary contractor and to RPMS Co. Inc. as secondary contractor for Nuisance Abatements (Lot Cleating & Mowing) for Code Enforcement at an estimated annual cost of $16,500. Background: The Code Enforcement Division has a need for an annual contract for Lot Cleating and Mowing of vacant lots or occupied properties in order to correct violations of Chapter 100 of the City Code of Ordinances. Bids were received from five (5) vendors all in accordance with City purchasing policies and procedures. (Bid #98-54. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Community Improvement Director recommends award to the low responsive bidder, Walcott & Son, as primary contractor and 2nd low bidder, RPMS Co. Inc. as secondary (backup) contractor if for any reason primary contractor can not perform per specifications. Recommendation: Staff recommends the award to low responsive bidder, Walcott & Sons, as primary contractor and RPMS Co. Inc. as secondary contractor, at an estimated annual cost of $16,500. Funding from account code 001-2741-524-34.30 (1998-99 budget). Attachments: Tabulation of Bids Memo From Community Improvement Director Memorandum TO: Jackie Rooney, Purchasing Supervisor ~ ,,, ~'" FROM: Richard Bauer, Code Enforcement Administrat°~ll^-~,, ~ THRU: Lula Butler, Community Improvement Directorl ~/),-~ SUBJECT: BID 98-54 NUISANCE ABATEMENTS DATE: September 8, 1998 I am recommending that Walcott and Son be awarded subject bid as the primary vendor and that RPMS Co. Inc. be designated as a secondary vendor. A secondary vendor would be utilized only when the primary vendor is unable to complete job assignments in a reasonable time period (as specified in the contract). I think you will agree that the price quoted by T.E.C. Tucker Environmental for item 4 in Category lis an error. Thank you for your assistance in this matter. RB:mh CITY OF DELRAY BEACH TABULATION OF BIDS BID #98-54 NUISANCE ABATEMENTS FOR CODE ENFORCEMENT SEPTEMBER 01, 1998 ITEM / WALCOTT RPMS CO. MASTER EDGE & CUT T.E.C. DESCRIPTION & SON INC. CONTRACTOR LANDSCAPE TUCKER INC. ENVIR. CATEGORY I - MOWING VACANT AND OCCUPIED LOTS 1. LOTS UP TO $25.00 $29.95 $65.00 $75.00 $175.00 4,000 SQ. FT. FLAT RATE 2. LOTS OVER $36.00 $39.95 $75.00 $165.00 $300.00 4,000 SQ. FT. TO 8,000 SQ. FT. FLAT RATE 3. LOTS OVER $45.00 $44.95 $95.00 $250.00 $400.00 8,000 SQ. FT. UP TO 13,000 SQ. FT. FLAT RATE 4. LOTS OVER 13,500 SQ. FT. + FLAT $45.00 $44.95 $95.00 $250.00 $50.00 RATE PER 1,000 + + + + + SQ. FT. OVER $ 1.75 $ 1.75 $ 1.00 $25.00 $0.05 13,500 SQ. FT. SQ. FT. SQ. FT. SQ. FT. SQ. FT. SQ. FT. CATEGORY II - MISC. SERVICES (BOXING, BAGGING, BUNDLING TP~ASH, TRIMMING) 1. BID PRICE $16.00 $15.95 $35.00 $50.00 $92.00* PER HOUR P/HR. P/HR. P/HR. P/HR. P/HR. CATEGROY III - ~OVAL & DISPOSAL OF TRASH AT Au'A'~OKIZED DISPOSAL SITE 1. BID PRICE $16.00 $45.10 $20.00 $65.00 $36.00 PER CUBIC P/CUBIC P/CUBIC P/CUBIC P/CUBIC P/ CUBIC YARD YARD YARD YARD YARD YARD EQUIPMENT LIST YES YES YES YES YES SUBMITTED WITH BID PACKAGE COMMENTS/ * 4 MAN EXCEPTIONS CREW Agenda Item No.: ~7 AGENDA REQUEST Date: September 8, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Sept. 22, 1998 Description of agenda item (who, what, where,, how much): Request awarding purchase of pla~round equipment ($17,862 for Merritt Park; account #118-1965-554-63.40 and $28~387.67 for Leon Weekes Preserve; account #117-4169-572-63.40) to Gametime under Florida SNAPS contract #650875. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Award purchase to Gametime. Department Head Signature: Determination of Consistency wi~ Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives: (if applicable) Account No. & Descripti~on: '~'\%~\~5-~o~.~0 ~- \\q-q(~9-~Q%-~%.~ Account Balance: ~6~ ~~ ~un~~-_ 9v~.~i~ ~ ~W~ · ~ .. 1~ lq,'~/o' 50 ~ ~, ~z~. ~i~ Approved for agenda: ~Z~/ NO . Agenda Coordinator Review: Received: Ac t ion: Approv ed / D i s approved £1TY OF [IELIlIW BEACH DELRAY BEACH ~d 100 N.W. 1st AVENUE ° DELRAY I~EACH, FLORIDA 33444 · (561) 243-7000 llI-AmericaCity 1993 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Playground Equipment/Merritt Park & Leon Weekes Preserve DATE: September 2, 1998 The following playground equipment is to be installed at Merritt Park and Leon Weekes Environmental Preserve, and purchased from Gametime from the Florida SNAPS contract #650875. Merritt Park Leon Weekes Preserve Equipment Name Round Robin Voyager Down Under Cost $14,449 $22,904.10 Freight $813 $1,363.57 Subtotal $15,262 $24,267.67 Installation $2,600 154,120.00 Total $17,862 $28,387.67 Account # 118-1965-554-63.40 117-4169-572-63.40 I have attached some pictures of the playground equipment for your information. Please place them on the September 22, 1998 agenda for City Commission consideration. Joe~ldon, Director of Parks and Recreation Attachments cc: Joe Safford, Finance Director Lula Butler, Director of Community Improvement Howard Wight, Deputy Director of Construction Victor Majtenyi, Assistant Construction Manager Ref:plamerlw THE EFFORT ALWAYS MATTERS D(~ 7 Printed on Recycled Paper Dominica Recreation Products,inc. the park and playground professionals P.O. Box 520700 · Longwood, FL 32752-0700 TELEPHONE (407) 331-0101 · FAX (407) 331-4720 E-mail dr~_gametime, com FAX MEMO TO: ,Joe Weldon FROM: Gina Wilson SUBJECT: Revised Quotes # OF PAGES: 3 (including cover) COMMENTS: .Joe, Please find attached revised quotes as disc2tssed. If both units are ordered on one P. O. for delivery to one location at the same time you may deduct $ 450. O0 off the total order. Total Materials Delivered $ 39, 080. O0 If you have any questions, please feel free to call me (ext. 100) or Britton (ext. lOl) Thank yozt, Gina Operator: Gina Date: 9/1/98 PLEASE CALL IF YOU HAVE ANY PROBLEMS WITH TRANSMISSION £O/~:O'cJ 0~6P ~££ ~OP NOI±~B~OB~ ~3INIWO(I ~P:~ 866~-~0-~BS ' GameTime Represented by: Dominica Recreation Products, inc. the park and playground professionals Quotation . vi. lo. 1 FOR: City of Deff~y Beach DATE: September ~, 1998 A~: $oc Wcldon PRO~ECT: City Park LOCATION: Dclmy Beach, FL SEI]]PMENT: 30-35 days ARe PI:ION-E: (561) 243-7251 QUOTE EXPIRES: November l, 1998 FAX: (561) 243-7268 OMD/Quot¢-GT.do¢ QUANTITY PIIODOCT DF"SCRIPTION l_~'l'r PRICE 1 ea. 11113 Voyager Down Under $ 26,946.00 $ 26,946.00 Total for equipment only $ 26, 946. O0 For purchase under State of Florida SNAPS Contract # 650875 DEDUCT ( $ 4,042.00) Sub Total of Equipment $ 22,904.00 Freight $ 1,$64.00 TOTAL Materials Delivered $ 24:268.00 * For equipment installation by GameTime & NPSI certified installer, Please Add $4,120.00 to above total. Pricing does not include installation, sales laX, sitework, safety.surfacing, borders, drainage, storage of equipment prior to installation,, or any other extraneous' fees~ ' Installation undernormal Conditions. Delivery of equipment will be 3'5 .days abet: receipt of order, lnStalIationWill be2-3 weeks after-delivery. For questions regarding this quote eontaet~ Gins WilSon (ext. [00)or :BritIon Howze (ext., 101) TERMS: Net 30 with approved credit or payment in full with order. PLEASE SUBMIT PURCHASE ORDER/CHECK TO: GANI[ETI~ P.O. BOX 520700° LongW0odl FL 3~2752'0700 Local (407) 331-0101 o Fax (407) 331-4720 Toll Free (800) 432-0162 £O/EO'd OELP ~££ LOP HOi±~JB~DB~ ~DINIWO0 £~:~ 866I-~0-dBS £0'd l~lOl .... GameTime Represented by: Dominica Recreation Products, inc. the park and playground professionals Quotation Revision 1 FOR: City of Delray Beach DATE: September 1, 1998 Attn: Joe Weldon .PROJECT: City Park LOCATION: Delray Beach, FL 33444 SHIPMENT: 30-35 days ARO PFIONE: (561) 243-7251 QUOTE EXPIRES: November 1, 1998 FAX: (561) 243-7268 OMD/Quot¢-OX. Oo¢ QUANTITY PRODUCT DESCRIPTION UNIT PRICE F.,XTENSlON I ea. 11613 Round Robin $15,539.00 $15,539.00 Total for equipment only $15,539.00 For purchase under State of Florida SNAPS Contract # 650875 DEDUCT ( $ 1,09.0.00) Sub Total of Equlpment $14,449.00 Freight $ 813.00 TOTAL Materials Delivered * For equipment installation by GameTime & NPSI certified installer, Please Add $2,600.00 to above total. Pricing does not include installation, sales tax, si.tew0rk, safety surfacing, borders, drainage, storage of equipment prior to installation, or any other extraneous fees,, hastallation under normal conditions. Delivery of equipment will be 35 days after receipt, of order. Installati°n Will be 2'3 Weeks after delivery. For questions regarding this quote contact! Gina Wilson (ext. 100)or Britton HoWze (ext. 101) TERMS: Net 30 with approved credit or payment in full with order. PLEASE SUBMIT PURCItASE ORDER/CHECK TO: GAMETIME P.O. BOX 520700 · Longwood, FL 32752-0700 Local (407) 331-0101 · Fax (407) 331-4720 Toll Free (800) 432-0162 £O/fO'd ~LP TEE LOP NOI±~B~DB~ ~DIt'4IWOd £~:~T 866T-~O-dBS IPEM.~ CERTIFIED PUBLIC PLAY EQPT. Aluminum Uprights e~ae~o~7,~o ~#21613~ with graphic option on solid crawl tube Steel Uprights L#G21613) with graphic option on solid crawl tube Deck Heights: 1'4", 2', 2'6", 3' (4]cra, 61cm, 76cm, 91cm) Actua[ Equipment Size: ~-~m~l*'-'J Recommended Play Area: 26'3" x ~9'6" (8.5m x 7.6m) J.B_I 38'3" x 31'6' (12.1m x 11.1m) Child Capacity: 54 to 56 ~[] Recommended Ages: 2 to Colors Pictured: Violet Up~ghts, Beige Decks, Yellow Accents, Lime Plastic and Roofs. AGENDA REQUEST Request to be placed on: XX ~ Consent Agenda __ Special Agenda __ Workshop Agenda When: Septe~er8, 1998 Description of agenda item (who, what, where, how much): Approve award to H.T.E., Inc. (Sole Source) for the purchase of interactive reporting software (Cognos Impromptu for CRIMES/CADII) to interface with the AS400, as used by the Police Department. The total cost of this purchase is $11,395.00. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to H.T.E., Inc. for total cost of $11,395.00. Funding is from Block Grant Project, Number 98045, Account Code 115-2114-521-64.11. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~,~ No Funding alternatives: (if ~p'pli'Eable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Yes No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved PURCHASING DEPARTMENT MEMORANDUM TO: David T. Harden, City Manager FROM: Jennifer Schillace, Acting Buyer 0)o THROUGH: Joseph Safford, Finance Director DATE: August 28, 1998 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING, SEPTEMBER 15, 1998 PURCHASE OF COGNOS IMPROMPTO FOR CRIMES/CADII ITEM BEFORE COMMISSION: The City Commission is requested to approve award to H.T.E. Inc., for purchase of the software, Cognos Impromptu for CRIMES/CADIII. BACKGROUND: The above-referenced software is an interactive reporting interface for the AS400. Users can query the database and create sophisticated reports all in the same module. It is a results-oriented approach to reporting, coupled with the freedom to easily create any standard or ac hoc reports, making it the choice of end users. Officers will have access to the reporting feature to inquire on activity in their Districts. The cost also includes the administrator's version and license for 10 users. The Police Department recommends purchase of this software from H.T.E. Inc., per attached memorandum dated August 20, 1998. H.T.E. is the sole source vendor for this product. Please see their attached Price Proposal dated August 10, 1998. RECOMMENDATIONS: Purchasing staff recommends awarding to the sole source vendor, H.T.E. Inc., at a total cost of $11,395.00. Funds will be taken from the Block Grant Project, Number 98045, Account Number 115-2114-521-64.11. ATTACHMENTS: Memo from Police Dept. dated 08/20/98 H.T.E., Inc. Price Proposal dated 08/10/98 cc: Joseph Safford, Finance Director ~-../'/' Jacklyn Rooney, Purchasing Supervisor David Junghans, Administrative Division r Delray Beach Police Department 7°r dum To: Director David Junghan~(~ xb Administrative Division ~ From: Asst. Director Tina L. Lunsford Support Services Division Date: August 20, 1998 Subject: Purchase of Cognos Impromptu for CRIMES/CADIII The above software is an interactive reporting interface for the AS400, users can query the database & create sophisticated reports all in the same module. It is a results-oriented approach to reporting, coupled with the freedom to easily create any standard or ac hoc reports, making it the choice of end users. The cost includes the administrator version and license for 10 users. Officers will have access to the reporting feature to inquiry on activity in their Districts. The software will be purchased from funds for the Block Grant Project//98045 Account #115- 2114-521-64.11 Attached you will find the quote from H.T.E. the sole source vendor. HTE INC. DEL RAY BEACH~ FLORIDA POLICE DEPARTMENT P~CE PRO~SAL L ~PLiCA~ON SQF('WA~ '~RQ~0SE~ AN~ LICENSE ~EES ~T. Cognos Impromptu for C~S/C~ ltl - Ettt.c~ ( 10 u~rs) $5,250.~ $3.0~,00 Cognos Impmmpto For C~S/C.,~ IH - Administnltvr $895,~ $300,~ Total Application S~n~: Cogn~ Impromptu for C~ES/C~D HI - 5 ~y~ltrip $5,0~,00 Total Tr~ning & Installation: $5~0(}0.00 $0.~ IlL OTHER SERVICES Projccl Managelnenl $250,00 ~/A Total Other Sc~iccs: $250.00 $0.(~ TOTAL HTE PROPOSAL $1.1.~95,00 $3~300.00 ~E prices am wi, lid for ~) day, elTectivc Augusl 10, 1998 unless an extension is requ.sted V. PAYMENT TERMS ~ Maned payment ternm am l~% of License F~ &]e upon execution Tr~ning and Converslon arc duc ~ delivered. VL ~A~'TY HTE warrants that for a period of 00 days ~lcr acceptant, fl~e ~E lic~lscd progt~ams will ~rform in substantial cotnpliancc with the rcfcrerlcc doctut~entafion supplied by ~E, provided thc li~nsed programs am used in the pro~r o~rafing environment, HTE d~s not warrant thai ~e ~ctions ~l~mined in the II~d pmgmma will ~eet fl~c Customer's requirement or will o~lte in the combinations which may ~ selected fbr u~ by thc customcr after the 90 day period ~er the ~nlpletion of the I,i~tmc program t~ting. A~W other utili~ or incidental so.ware distribut~ by will ~ on an "AS IS" al~d W~,H ALL FA~T$" basis withotll warra~W of any kind either exp~ed or or implied, '~E shall be responsible only for the liccns~ pro.ams and pmdt~cts ~ oriSnally supplied and a<ept~ by Ihg customer and for changes made to ~e liccn<d pro.tuns by ~'E's authodz~d repmscn~tivcs, H~ will nol ~ responsible for the mns~ucn~s or attempB al. changes or m~ifications to Ibc pr~ucts and limned pro.ams made by the customer or nny unauflmrized par~, VH. S~PORT ~E~VlCES Thc initial sup~H I~es are due 120 days after deliver, and cover a ~ri~d ending six~en (16) months from the delive~ of the pr~uct. Su~uenl sup~H ~rio~ will be for ~*Ne (12) month ~ri~, comlncncing al {he end oF flit initial st~pporl peri~, and sup~fl :[[~s will ~ due al thai time at ~e 0~en p~evailing rote, Rates are mtbjecl to ¢illlBgg In sub~ucnt y~lrs. V~, NOTES The 'following nm t~qnimttlcnt$ in order to inlplelt'mnl Cognos: ]. Will only mn oil PC ~th Windows 93 or NT 4.0 2. Will not rrm on PC with OS/2, 3. Mu~l have the la.st ve~ion of Client Ac~ on thc PC~400. 4, Re~ml~end~ PC specs; Penfim~x pr~s~r with ,I, 33ml~ and 32mb. ~taybc~pp.~s o/~sek ~ 3~Wd 009 3 I H:ffI 08:0~ 86, 0~/80 S~O 'ON 39I~ Agenda Item No.: ~ ~ AGENDA REQUEST Date: September 10~ 1998 Request to be placed on: Consent XX R~g~ri-~r Agenda Special Agenda Workshop Agenda When: September 15, 1998 Description of agenda item (who, what, where, how much): Bid Award - Bid #98-57 - Seat "Kill" for the Delra¥ Beach Tennis Center - award to low responsive bidder Hoover Canvas Products Co. for a total amount of $24,747. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Hoover Canvas Products Co. for seat "kill" for the Delray Beach Tennis Center at a total amount of $24~747. Fundin§ from account code 334-4145-572-63.90 (1998/99 budget). 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: O/ NO ' ~7~ '~ ~~ ~ ~t ~ I~ Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph~ance Director DATE: September 10, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 15, 1998 - BID AWARD BID #98-57 - SEAT "KILL" FOR THE DELRAY BEACH TENNIS CENTER Item Before Commission: City Commission is requested to approve the award of Bid #98-57 to low responsive bidder, Hoover Canvas Products Co., for the total amount of $24,747. Background: The Tennis Center has a requirement to cover or "kill" certain sections and portions of the Tennis Stadium for the Chris Evert Pro-Celebrity Tennis Classic. Bids were received from three (3) vendors all in accordance with City purchasing policies and procedures. (Bid #98-57. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. Hoover Canvas Products Company was the low responsive bidder at a total amount of $37,985. This total amount was for several sections on the east and west side of the seating. The low bid exceeded the cost estimate. Staff then negotiated a lower price by eliminating seat sections AA, BB, CC, and HH to be covered. The original cost estimated was $25,000. See attached revised proposal from Hoover Canvas Products Co. dated September 08, 1998. Recommendation: Staff recommends the award to low responsive bidder, Hoover Canvas Products Co. for a total amount of $24,747. Funding from account code 334-4145-572-63.90 (1998/99 budget). Attachments: Tabulation of Bids Hoover Canvas Products Proposal Dated 09/08/98 CITY OF DELRAY BEACH TABULATION OF BIDS BID #98-57 "SEAT KILL" FOR THE DELRAY BEACH TENNIS CENTER SEPTEMBER 04, 1998 HOOVER CANVAS TROPICAL PARADISE VENDORS: PRODUCTS CO. AWNING CANVAS INC. TOTAL LUMP SUM BID FOR DELIVERY, AND $37,985.00 $38,500.00 $52,958.80 * INSTALLATION OF SEAT "KILLS" MANUFACTURER / BRAND NAME TEXTILENE TROPICAL UNISHADE AWNING FABRICS COMMENTS / MANUFACTURER ' S WARRANTY - *ALTERNATE BID EXCEPTIONS WARRANTY ON 1 YEAR ON $39,845.40 MATERIALS WORKMANSHIP, HALF PANELS (IN FIVE YEAR LIEU OF FULL PRO-RATED ON PANELS) ON FABRIC SECTIONS P, Q,R, S & T WARRANTY - FIVE YEAR PRO-RATE o,h,,, c~,,',o, ~.,,,.y c.,.,,, ,,,,,,,~: C AN V AS P R O D U C TS C O. Awnin~l=; by Jay h~;, FOH Lauderdale, FL 33311 ~:~:.~..~~~.~:~: ............ ,.... : ....... . ...... ~,,; .... ..._J~.:__ ~~.~ ~ ~ ... ............... . ,~, .. : .... IHIt.:I:.;AII.IMI~HUM(X~NII{A(;I tJNILJ;:;()llfl IIWISL =il,MI I~. TAX . ::..._::.,:=:..~:_::.=.'~:~ ..: ........ (~ANVA~ AN~,) V~NYL AWNING~ WIL~ WRINKLE. ".~ ~;~ f ~,;,~.~, ~; ..................... ~ht llt,s ~lk ~ ~X~ffkHJ. P]iyn~)~ ~1F.s nl;&~t ,eT nlltlln,xl ,~Wo ; ~'7.'Vv~l Ti ii~ ;'l~')~q:i~[Y ['1 YES ['.i ~) C(;, ~t 'I7'7G.AI~ SERVING ALL SOUTH FL ~'I~/;~,: T;.~: ~A/~:.4MAS' AND ;'H~ CARRIBEAN Ft. ~uderdale 95~764-1711 800-2~-74l. 7 Boca Raton 407-395-9560 West Palm Beach 407-737-3066 Fax 954-763-5~6 AGENDA REQUEST Request to be placed on: XX Consent Agenda ~. Special Agenda ~ Workshop Agenda When: September 15, 1998 Description of agenda item (who, what, where, how much): Approve award to J.C. White Office Furniture for the purchase of replacement office furniture for the Juvenile Investigations Division and Crimes Against Persons Division at Police Headquarters. The total cost of this purchase is $18,787.87. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to J.C. White Office Furniture for the total cost of $18,787.87. Pricing is per Florida State Contract Number 420-660-96-1. Funding will be taken from the foiling accounts: Account Number: 001-2115-521-51.20 Total Amount: $12,318.40 Account Number: 001-2115-521-64.10 Total Amount: $ 6,469.47 Department Head Signatur~ '~'~ .~ Determination of Consistency wit'h-~omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items ir~volving expenditure of funds): Funding available: Yes Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved PURCHASING DIVISION MEMORANDUM TO: David T. Harden, City Manager FROM: Jennifer S~ Acting Buyer~''~ THROUGH: Joseph Sa~nance Director DATE: September 10, 1998 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING, SEPTEMBER 15, 1998 PURCHASE OF REPLACEMENT OFFICE FURNITURE FOR THE JUVENILE INVESTIGATIONS DIVISION AND CRIMES AGAINST PERSONS DIVISION. ITEM BEFORE COMMISSION: The City Commission is requested to approve award to J.C. White Office Furniture for the purchase of replacement office furniture for the Juvenile Investigations Division and Crimes Against Persons Division at Police Headquarters for a total amount of $18,787.87. BACKGROUND: These space saving, modern work stations will be used to replace the existing furniture at the Juvenile Investigation Division and Crimes Against Persons Division at Police Headquarters. This furniture is available from Haworth State of Florida Contract Number 420-660-96-1, good through 1999. Delivery and set-up is not included in the purchase price, however, it is added as a line item (#16 on req. 64273 for $1022.95 and #19 on req. 64539 for $685.04). (Please see attached quotes dated September 10, 1998). The Police Department recommends the purchase of the furniture from J.C. White Office Furniture Company, via Florida State Contract Number 420-660-96-1, per attached requisition numbers 64273 and 64539. RECOMMENDATIONS: Purchasing staff recommends awarding to J.C. White Office Furniture at a total cost of $18,787.87. Pricing is per Florida State Contract Number 420-660-96-1. Funding will be taken from the following accounts: Account Number: 001-2115-521-51.20 Total Amount: $12,318.40 Account Number: 001-2115-521-64.10 Total Amount: $ 6,469.47 ATTACHMENTS: Quotes from J.C. White Office Furniture Co. (09/10/98) Copy of Requisition 64273 and 64539 cc: Jacklyn Rooney, Purchasing Supervisor David Junghans, Administrative DivisionDtfector sep-09-98 10:20 JC WHITE 561 848 8219 P.02 \ x 1% I [..! QUALITY OFFI(:E FURNITURE FAX [561) 848-8219 September 9, 1998 City of Delray Beach Jennifer Shillace 100 N.W. IS'Ave. Dear Ms. Shillace: This letter is regarding the last two quotes submitted to the D¢lray Beach Police Department, for the Juvenile Division and Crime Against Persons. These quotes were written off the "Haworth State of Florida contract #420-66-96. This contract is for product only. Delivery and set-up is 10% of sell price, Sincerely, Gary Tucker Corporate Sales Sep-10-98 10:53 JC WHITE 561 848 8219 P.02 DBPDJUV.SIF LISTS CUSTOMEI~ CUSTOMER% OELRAY BEACH POLICE DEPT. 11 :S2:I~ # Mr; ~ P~n # ..... ~.~_ri__~on / o~on~ ......................... unit E.x~nd.~ I HAJ 5 LSET-3 STANDARD LOCK PLUG & KEY LOCK SET (Q'FY 3) 0.00 0.00 0.00 0.00 Customer %0.00000 , LX- LOCK COLOR ~ UNDECIDED COLOR 2 HAS 5 M600-2100 4-LEG STCKR,NO ARMS,POLY OUTER 257.00 1285.00 98.64 49'~.20 Customer %61.62000 0 STANDARD VERSION ,SA- TELLURE GRADE ~ UNDECIDED COLOR ,TR- TRIM/FINISH ~ UNDECIDED COLOR 3 HAN 5 NAC- 18 PENCIL DRAWER 52.00 260.00 20.48 102.40 Customer %60.61000 4 HAN 5 NFPL-2436 WRAP-AROUND CORNER - LAM TOP 24"X 36" 639.00 31cJ5.00 251.70 1258.50 Customer ¥~0.61000 ,OH- LAMINATE ~ UNDECIDED COLOR ,HP- LAMINATE - UNDECIDED COLOR ,TR- TRIM/FINISH - UNDECIDED COLOR 5 HAN 2 NFRL-2448-L RETURN,DESK HEIGHT,LAMINATE 24" X 48" 627.00 1254.00 246.98 493.96 Customer %60.6100~ (L) CASE LEFT ,OH- LAMINATE ~ UNOECIDEO COLOR ,HP- LAMINATE - UNDECIDED COLOR ,TR- TRIM/FINISH ~ UNDECIDED COLOR 6 HAN 3 NFRL-2448-R RETURN,DESK HEIGHT,LAMINATE 24" X 48" 627.00 1881.00 246.98 740.94 Customer %60.61000 (R) CASE RIGHT ,OH- LAMINATE ~ UNDECIDED COLOR ,HP- LAMINATE - UNDECIDED COLOR ,TR- TRIM/FINISH ~ UNDECIDED COLOR J.C WHITE OFFICE FURNITURE, wEs-l- pALM BEACH Page t ' Sep-10-98 10:54 JC WHITE 561 848 8219 P.03 DBPDJUV.SIF UST~ CUSTOMEI~ CIJ~TOMER% 9.t0-1'~94 DELRAY BEACH POLICE DEPT. 11 :~2:0~ # Mfg Gty _Pa~ it ........ O~crtl~on_ I Options ............. Un~_E_x.t~l~___ 7 HAN 5 NFSL-2460 DESK SHELL- LAMINATE TOP 24" X 60" 7'82.00 3910.00 3O8.03 1540.15 Customer %60.61000 O STANDARD VERSION ?? INCOMPLETE OPTIONS 8 HAN 1 NFUS-3366 VERTICAL STORAGE,STEEL DOOR 34" X 66" 1260.00 1260.00 496.31 496.31 Customer %60.61000 ,TR- TRIM/FINISH ~ UNDECIDED COLOR ,FE- ESSENTIEL GRADE A ~ UNDECIDED COLOR 9 HAN 5 NLFS-0236-1AH 2 Ht LATERAL FILE - 36" STEEL FRONT 578.00 2B90.00 227.67 1138.35 Customer %60.61000 (1AH) ATTACHED, 12 W/LOCK,HNG BAR ,TR- TRIM/FINISH ~ UNDECIDED COLOR 10 HAN 1 NPFS-6460-N FABRIC PANEL 64" X 60" 59900 599.05 205.70 205.70 Customer %65.66000.. (N) NON*POWERED ,FE- ESSENTIEL GRADE A ~ UNDECIDED COLOR ,FE- ESSENTIEL GRADE A ~ UNDECIDED COLOR ,TR- TRIM/FINISH ~ UNDECIDED COLOR 11 HAN 5 NTL-60 TASK LIGHT - 60" 178.00 890.00 70.11 350.55 Customm, %60.61000 U STANDARD VERSION ,TR- TRIM/FINISH ~ UNDECIDED COLOR 12 HAN 1 NVE$-64-$ END-OF-RUN COVER - 64" 48.00 48.00 16.48 16.48 Customer °/~5.66(XX) (SI STEEL COVER ,TR- TRIM/FINISH ~ UNDECIDED COLOR ,TR- TRIM/FINISH ~ UNDECIDED COLOR J.C. WHITE OFFICE FURNITURE, WEST PALM BEACH Page 2 Sep-lO-98 10:54 JC WHITE 561 848 8219 P.04 OBPDJUV.$1F 1.1511; CUSTOMERS CUSTOMER~ g-t~1~ DEC~Y B~CH POLICE DEPT. 11:52:~ 13 MAN I N~ WALL ~UNT- ~' ~.~ ~.~ 24.72 24.72 Cust~er °~5.~ 14 HAE 5 SPLA-3067 BRIDGE - LAMINATE TOP,DESK HGT24" X 30" 379.00 1895.00 149.29 746.45 $379 Customer %60.61000 ,OH- LAMINATE - UNDECIDED COLOR ,HP- LAMINATE ~ UNDECIDED COLOR ,TR- TRIM/FINISH - UNDECIDED COLOR 15 HAE 4 SPLA-7597 VERTICAL STORAGE,STEEL DOOR 34" X84" 1664.00 6656.00 655.45 2621.80 $1664 Customer °/~0.61000 ,TR- TRIM/FINISH ~ UNDECIDED COLOR ,FE. ESSENTIEL GRADE A ~ UNDECIDED COLOR 16 1 DELIVERY & INSTALLATION 1022.95 1022.95 1022.95 I022.95 Customer %0.000(X) Totals List 27117.95 Customer 11252.46 Customed% 58.50549 J.C. WHITE OFFICE FURNITURE, WEST PALM BE. ACH Page 3 .Sep-'10-98 10:54 JC WHITE 561 848 8219 P.05 DBPDCAP.$1F US'IS CUSTOMERS CUSTOMER% ~.t0-1~ DELRAY BEACH PD - CRIMES AGAINST PERSONS 11:E3:40 Unit Extended # . Mfg ~_~__ P,a_rt_#_.. Descriptiofl 1 Options 1 HAN 4 5340-5618 NO DESCRIPTION AVAILABLE O.00 O.00 0.00 0.00 Customer %0.00000 2 HAJ 4 LSET-6 STANDARD LOCK PLUG & KEY LOCK SET (QTY 6) 0.00 0.00 0.00 0.00 Customer %0,00000 ,LX- LOCK COLOR 0BL BLACK 3 HAS $ M600-2100 4-LEG STCKR,NO ARMS, POLY OUTER 257.00 1285.00 98,64 493.20 CAP Customer %61.62000 (..) STANOARO VERSION ,3A- TELLURE GRADE A/1 018 BLACK ,TR- TRIM/FINISH 00F BLACK 4 HAN t NAC-18 PENCIL DRAWER 52.00 52.00 20.48 20 CAP Customer %60.61000 5 HAN 1 NFBL-2438 BRIDGE - LAMINATE TOP,DESK HGT24" X 36" 376.00 376.00 148.11 148.11 CAP Customer o/~0,61000 ,OH- LAMINATE 034 BEIGE ,HP- LAMINATE 034 BEIGE ,TR- TRIM/FINISH 00R BEIGE 6 HAN 1 NFDL-2466-1HL PEDESTAL DESK - LAMINATE TOP 24" X 66" 1114.00 1114.00 438.80 438.80 CAP Customer %60.61000 (1HL) 6/6/12 LEFT (2) NO GROUP DESCRIPTION ,OH- LAMINATE O34 BEIGE ,HP- LAMINATE 034 BEIGE ,TR- TRIM/FINISH 00R BEIGE J.C WHITE OFFICE FURNITURE, WEST PALM BEACH Page 1 , Dp--lO-98 10:54 JC WHITE 561 848 8219 P.06 DBPDCAP.SIF MBT$ CUSTOMERS CU~TOMEK~ 9-10-1~ DELRAY BEACH PD - CRIMES AGAINST PERSON8 11:53:40 # Mfg Qty Part # Descdption ! OpUon. _U_~t. Extemled 7 HAN 2 NFDL-2466-1HR PEDESTAL DESK- LAMINATE TOP 24" X 66' 1114.00 2228.00 438.80 877.60 CAP Customer %60.61000 (1HR) 6/6112 RIGHT (2) NO GROUP DESCRIPTION ,OH- LAMINATE 034 BEIGE ,HP- LAMINATE 034 BEIGE ,TR- TRIM/FINISH 00R BEIGE 8 HAN 2 NFRL-2448-1JL RETURN, DESK HEIGHT,LAMiNATE 24" X 48" 860.00 1720.00 338.75 677.50 CAP Customer %60.61000 (1JL) 12/12,LEI~r ORIENTATION ,OH- LAMINATE 034 BEIGE ,HP- LAMINATE 034 BEIGE 9 HAN 1 NFRL-2448-1JR RETURN,DESK HEIGHT,LAMINATE 24" X 48" 860.00 860.00 338.75 338.75 CAP Customer %60.61000 (1JR) 12/12,RIGHT ORIENTATION ,OH- LAMINATE 034 BEIGE ,HP- LAMINATE 034 BEIGE 10 HAN 1 NFSL-2460 DESK SHELL - LAMINATE TOP 24" X 60" 782.00 782.00 308.03 308.03 CAP Customer %80.61000 (.3 STANDARD VERSION (1) NO GROUP DESCRIPTION ,OH- LAMINATE 034 BEIGE ,HP- LAMINATE 034 BEIGE ,TR- TRIM/FINISH 00R BEIGE J.C. WHITE OFFICE FURNITURE, WEST PALM BEACH Page 2 Sep-lO-98 10:54 JC WHITE 561 848 8219 P.07 DBPDCAP.SIF Lk~l'$ CU8TOMEI~I CUSTOMER% 9-t0-1~9~ DEl..RAY BEACH PD - CRIMES AGAINST PERSON8 t1:S3:40 # Mfg Qty Pan # O~scriptio~ ~ Options ................... Unit Extend~l 11 MAN 1 NFSL.2472 DESK SHELL- LAMINATE TOP 24" X 72" 831.00 831.00 327.33 327.33 CAP Customer °/~0.61000 O STANDARD VERSION (1) NO GROUP DESCRIPTION ,OH- LAMINATE 034 BEIGE ,HP- LAMINATE 034 BEIGE ,TR- TRIM/FINISH 00R BEIGE 12 HAN 4 NFUS-3372 VERTICAL STORAGE,STEEL DOOR 34" X 7'2" 1358.00 5432.00 534.92 2139.68 CAP Customer %60.61000 ,TR- TRIM/FINISH 00R BEIGE ,FE- ESSENTIEL GRADE A 0CW AQUA 13 HAN 1 NLFS-0230-tAH 2 Hi LATERAL FILE - 30' STEEL FRONT 492.00 492.00 193.80 193.80 CAP Customer %60.61000 (1AH) ATTACHED, t2 WILOCK, HNG BAR ,TR- TRIM/FINISH 00R BEIGE 14 HAN 3 NPFS-6436-N FABRIC PANEL 64"X 36" 447.00 t341.00 CAP Customer %65.66000 (N) NON-POWERED ,FE- ESSENTIEL GRADE A 0CW AQUA ,FE- ESSENTIEL GRADE A 0CW AQUA ,TR- TRIM/FINISH OOR BEIGE 15 HAN 4 NTL-60 TASK LIGHT - 60" 178.00 712.00 70.11 280.44 CAP Customer %60.61000 O STANDARD VERSION ,TR- TRiM/FINISH 00R BEIGE J.C. WHITE OFFICE FURNITURE, WEST PALM BEACH Page 3 S~p-'10-98 10:55 JC WHITE 561 848 8219 P.08 DBPDCAP.SIF lISTS CUSTOMERS CUSTOMER% 9-t0-1~ DELRAY BEACH PD - CRIMES AGAINST PERSONS t 1:53:40 16 HAN 3 NVES-64-S END-OF-RUN COVER- 64" 48.00 144.00 18.91 56.73 CAP Customer %60,61000 (5) STEEL COVER ,TR- TRIM/FINISH 00R BEIGE ,TR- TRIM/FINiSH OOR i~EIGE 17 HAN I NV1'-1 VERTICAL STORAGE UNIT TEMPLATE 11.00 11.00 4.33 4.33 Customer %60.61000 18 HAN 3 NVWS-64 WALL MOUNT- 64" 72.00 216.00 28.36 85,08 CAP Customer %60.61000 19 1 DELIVERY & INSTALLATION 685.04 685.04 685.04 685.04 Customer %0.00000 Totals List 18281.04 Customer 7535.40 Customer% 58.78024 J.C. WHITE OFFICE FURNITURE, WEST PALM BEACH Page 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'l SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 15, 1998 ACCEPTANCE OF RIGHT-OF-WAY EASEMENT AGREEMENT FOR FORMANO PROPERTIES AND WITHDRAWAL OF APPEAL DATE: SEPTEMBER 4, 1998 This item was appealed by the City Commission on my recommendation at the August 4th regular meeting to August 18, 1998. At issue was the dedication of ten feet of right-of-way on the east side of N.E. 4th Avenue. I felt it important that the existing on-street parking be maintained since these commercial buildings fall so far short of meeting the applicable off-street parking requirements. On August 18th, the property owner's representative, Michael Weiner, requested a postponement until September 15, 1998. Since that time, Mr. Weiner and the City Attorney have been working on this issue and have resolved the matter by developing an easement agreement for the right-of-way in question. At the time the agenda was complete on Friday, the City Attorney's office was still waiting for the final easement agreement. They expect to have it by Monday of next week and it will be forwarded to you upon receipt. Assuming the final document is in a form acceptable to the City Attorney, I recommend acceptance of the easement agreement to resolve the right-of-way issue and that the appeal of SPRAB's action to approve the development application be withdrawn. ref:agmemol5 ' '"":1 $'~.. ...i1111 ,.., , /=~z~l-~~ a , I[ ~ ~osr , , ,,,, : - ,, - ~' ~ ~- ~~ I ' ~ I I , _ ,, ~.~. .... ~N~ ~ 'ST. ,,, ........_ N.~. - ~Sr ' , ATLANTIC AVENUE :"~ I I I I I t I I I i t I ~ I I J I I J I "1 ~ J ~ I '' ~ / rd' t t ' r ' 1 ~~ ~ N PLANNtNG ~ Z~[NG D~PA~NT SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELR~Y BEACH ---STAFF REPORT--- MEETING DATE: July 22, 1998 AGENDA ITEM: Iv.c. ITEM: Class III Site Plan Modification, Landscape Plan and Elevations for an Existing One Story Building and Two Story Building, and the Construction of an Off-Site Parking Lot Associated with the Existing Buildings. GENERAL DATA: Owner/Applicant ............. Formano Properties of Delray Beach, Inc. Agent .............................. Ann Koplas Location .......................... 235-245 N.E. 4th Avenue Property Size .................. 0.138 Acre Future Land Use Map ..... Commercial Core Current Zoning ............... CBD-RC (Central Business East: CBD (Central Business District) South: CBD-RC West: CBD-RC Existing Land Use .......... 1-story and 2-story commercial buildings I ~---J N.£. 2ND Proposed Land Use Renovation of existing 1-story ........building ~ !! ! 1~~~ ~~~__~ ~_._[ and 2-story building and construction of a 3-space parking lot (directly across the street), dumpster enclosure, with associated landscaping. Water Service ................. Existing on site. ATLANTIC AVENUE IV,C. The action before the Board is that of approval of the following aspects of a Class III Site Plan Modification for Formano Properties, pursuant to LDR Section 2.4.5(G)(1)(c): · Site/Landscape Plan · Building Elevations · Waiver to the following LDR Requirement: LDR Section 5.3.1(D)(2) (Reduction in Right-of-Way Width) - A request to reduce the required right-of-way width for N.E. 4th Avenue from 60' to 40'. The subject properties are located on the east and west sides of N.E. 4th Avenue, between N.E. 2nd and N.E. 3rd Streets. The project involves a total of three lots (Lots 7, 18, 19) which were created with the recordation of the L.R. Benjamin's Subdivision in May, 1925. A 3,415 sq. ft. one story building and 7,160 sq. ft. two story building (235 and 245 N.E. 4th Avenue), both constructed in 1969, currently exist on two of the lots (Lots 18 and 19). The other lot (Lot 7), located directly across the street, is vacant. The previous owner of the vacant lot was cited last year for parking cars on an unimproved surface. Subsequently, a site plan request to construct a parking lot with landscaping and drainage was submitted in November, 1997, but was not consummated as the property was sold. The current property owner of the two buildings directly across the street has also purchased the vacant lot, and is submitting a site development plan for the construction of the parking lot along with elevation changes to the existing buildings. These items are now before the Board for action. The proposal involves the following improvements to the one and two story buildings at 235-245 N.E. 4th Avenue and the vacant lot directly across the street: One and Two Story Buildings: Conversion of the one and two story buildings from industrial/residential/retail uses to offices; SPRAB Staff Report Formano Properties - Class III Site Plan Modification, Landscape Plan and Building Elevations Page 2 CI Modification of front elevations, including resurfacing with stucco and paint; replacing front doom and windows; and installing a 2' wide decorative cement canopy. Vacant Lot: C} Construction of a parking area with three spaces and 24' wide driveway, complete with landscaping and drainage improvements; and, r-} Installation of a 10' x 12', 6' high cbs dumpster enclosure with wood slat gate. 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. Right-of-Way Dedication Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for N.E. 4t~ Avenue is 60' and 40' is currently dedicated. Thus, this development is responsible for dedication of an additional 10'. However, pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), reduction in the required right-of-way width may be granted by the body having approval authority of the associated development application (SPRAB) provided the reduction is supported by the City Engineer. The Engineering Division has determined that the existing 40' of right-of-way is adequate for N.E. 4th Avenue. This portion of N.E. 4th Avenue has been constructed to its ultimate section within the existing right-of-way. The City has no plans to modify/widen this street section, which would necessitate acquisition of additional right-of-way. Based upon the above, a waiver should be granted. Parking Per LDR Section 4.6.9(C)(4)(a), 3.5 spaces per 1,000 sq. ft. of gross floor area is required for buildings containing more than 3,000 sq. ft.. Per LDR Section 4.4.28(G)(1), when the parking requirements of Section 4.6.9(E)(4) are applied to either new development or a change in use, said parking requirements shall be reduced by one parking space. The two structures contain a total of 10,575 sq. ft., thus requiring a total of 37 spaces. Based upon the above, the two structures SPRAB Staff Report Formano Properties - Class III Site Plan Modification, Landscape Plan and Building Elevations Page 3 (totaling 10,575 sq. ft.) requires 36 parking spaces. Currently, no spaces exist on the site. Occupational license records were reviewed and indicated the buildings were previously occupied by a combination of office, retail, residential, service and warehouse uses. As the changes of use does not increase the parking requirement, no additional parking would be required for the conversion to offices. The property owner has an informal agreement with the Elks Lodge to continue utilizing their parking lot. In conjunction with the conversion to office, three regular parking spaces (9' x 18') are proposed on the vacant property on the west side of N.E. 4th Avenue. The plan will be revised to provide compact spaces (8' x 16'). In order to accommodate the required 5' landscape strip along the south property line and to maintain the required 24' wide driveway aisle compact parking spaces (8' x 16') will be provided rather than standard spaces. As the 3 spaces are not required, the spaces are not subject to Section 4.6.9(C)(1)(g) which states that no more than 30% of the required spaces can be compact. Revision of the site plan to provide three compact parking spaces is attached as a condition of approval. Sidewalk Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along the west side of N.E. 4th Avenue which has not been indicated. Revision of the site plan to show the required sidewalk is attached as a condition of approval. Provision of the sidewalk will fulfill Traffic Element Policy D-!.1 of the City's Comprehensive Plan which calls for the installation of sidewalks in the TCEA (Traffic Concurrency Exception Area). Open Space Pursuant to LDR Section 4.4.28(F)(1), within the CBD-RC zone district a minimum of 10% open space is required. This requirement does not apply to the lots containing the two buildings as this is a pre-existing situation. However, the proposed parking lot provides a total 38.4% open space, which exceeds this requirement. Lighting On site lighting is available for the proposed parking lot. SPRAB Staff Report Formano Properties - Class III Site Plan Modification, Landscape Plan and Building Elevations Page 4 Unity of Title A Unity of Title tying the vacant lot with the two lots containing the buildings across the street is required as the parking lot and dumpster is being provided to support the buildings. The applicant has submitted the Unity of Title. Site Plan and Engineering. Plan Technical Items: As conditions of approval the following items will need to be adequately addressed through the revision of site and engineering plans and/or written information: Engineering Plan Technical Items: 1. Provide standard city parking stall detail on engineering plan. 2. Side slopes at retention areas are not to be steeper than 4:1. 3. Provide FDOT type "D" curb detail. Extruded curb is not permitted. 4. Provide compaction specification for limerock base. 5. Southern driveway apron is not to extend south of property line. 6. FDOT type "D" curb is required adjacent to western most parking stall. Indicate on engineering plans. 7. Ensure all plans (site/landscape and engineering) are consistent. A landscape plan has been provided for the proposed parking lot. Mahogany trees are proposed along the north, east, and west property lines. A Tabebuia tree is indicated adjacent the dumpster enclosure. A Redtip Cocoplum hedge is proposed around the perimeter of the lot and an Arbicola hedge is to be installed around the dumpster enclosure. Liriope underplantings are proposed along the north side of property line and around the dumpster enclosure. The landscape strip along the south property line is approximately 3' in width and does not meet the required 5' per code [LDR Section 4.6.16(H)(3)(d)]. The required width will be accommodated by modifying the dimensions of the proposed parking spaces from regular to compact. In addition, per 4.6.16(H)(3)(d), one (1)tree shall be provided for every thirty (30) linear feet of such landscaped barrier. Installation of trees along the south property line is attached as a condition of approval. SPRAB Staff Report Formano Properties - Class III Site Plan Modification, Landscape Plan and Building Elevations Page 5 With regard to the landscaping adjacent to the existing buildings, an Ixora hedge exists in front of a portion of the existing one story building. The elevations submitted indicate this hedge will be extended to the front of the two story building. It has been suggested that a landscape island at the northwest corner of the two story building containing a 12' tree and Liriope "Evergreen Giant" underplantings be installed to match the planting area south of the subject building. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission. 1. Provide 5' landscape strip along the south side of the proposed parking lot and 1 tree very 30'. One and Two Story Buildings Currently, the one story building has a brick facade painted white, and the two story building has an imitation gray stone finish. The elevation changes call for these exteriors to be stuccoed and painted taupe with off white trim around window and door frames. A new 2' wide concrete canopy painted brick red is proposed on the front of the buildings. New 3'-0" x 6'x8" glass/aluminum doors will be installed in the front of the buildings. New windows and exterior light fixtures adjacent the doors are also indicated. Dumpster Enclosure A 6' high, 10' x 12' cbs dumpster enclosure with wooden slat gates is proposed at the northeast corner of the proposed parking lot, adjacent to the driveway. Per LDR Section 4.6.16(H)(3)(d), a 5' landscape area is required between the off-street parking area or other vehicular use area and abutting properties. This dumpster enclosure encroaches into the required 5' wide landscape strip approximately 2'. This encroachment must be eliminated and is attached as a condition of approval. Pursuant to LDR Section 2.4.5(G)(5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. SPRAB Staff Report Formano Properties - Class III Site Plan Modification, Landscape Plan and Building Elevations Page 6 Section 3.1 .I(B) - Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. The proposed building renovations and parking lot will not have an impact on water and sewer demands, streets and traffic, solid waste, or parks and recreation level of service standards. With regard to drainage, engineering plans have been submitted indicating drainage will be handled via a retention area on the west side of the property. There are no problems anticipated meeting SFWMD requirements. Based upon the above, positive findings with respect to Concurrency can be made. Section 3.1.1{.C) - Consistency (Standards for Site Plan Actions): As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Community_ Redevelo.oment Agency (CRA): The CRA reviewed the proposal at its meeting of June 25, 1998 and recommended approval. Downtown Develo.Dment Authority_ (DDA): The DDA reviewed the proposal at its meeting of June 15, 1998 and recommended approval. The development proposal consists of interior and exterior renovations of existing buildings at 235 and 245 N.E. 4th Avenue and the construction of a parking lot with landscaping on a vacant lot directly across the street. The project will be consistent with Chapter 3 and Section 2.4.5(G)(5) of the Land Development Regulations. The proposal will eliminate parking on an unimproved surface and provide a parking area to partially support the parking demand of the proposed offices. In addition, the proposed parking lot and changes to the elevations of the existing buildings will be an improvement to what currently exists and will be an enhancement to the surrounding area. SPRAB Staff Report Formano Properties - Class Ill Site Plan Modification, Landscape Plan and Building Elevations Page 7 A. Continue with direction and concurrence. B. Approve the Class III Site Plan Modification, Landscape Plan, and Elevations for Formano Properties based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(G)(5) of the Land Development Regulations, subject to conditions. C. Deny the Class III Site Plan Modification, Landscape Plan, and Elevations for Formano Properties with the basis stated. A. Waiver Approve a waiver to LDR Section 5.3.1(D)(2), to reduce the required right-of-way width for N.E. 4th Avenue from 60' to 40'. B. Site Plan Modification Approve the Class III Site Plan Modification for Formano Properties based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(G)(5) of the Land Development Regulations, subject to the following conditions: 1. That the site plan be revised to show 8' x 16' compact spaces. 2. That the site plan be revised to show 5' sidewalk. 3. Revise plans to address technical comments. C. Landscape Plan Approve the Landscape Plan for Formano Properties based upon positive findings with respect to Section 4.6.16 subject to the following conditions: 1. That the dumpster be set back 2' to provide the required 5' landscape area. 2. That the 8' x 16' parking spaces be provided to accommodate 5' wide strip along the south property line. SPRAB Staff Report Formano Properties - Class III Site Plan Modification, Landscape Plan and Building Elevations Page 8 3. That the landscape island at the northeast corner of the site be installed including a tree and Liriope underplantings. 4. Revise plans to address landscape technical comments. D, Elevations Approve the Elevations for Formano Properties based upon positive findings with respect to LDR Section 4.6.18. Attachments: · Location Map · Site/Landscape Plan and Elevations · AppendixA SPRAB Staff Report Formano Properties - Class III Site Plan Modification, Landscape Plan and Building Elevations Page 9 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with objective D-1 of the Traffic Element. Not applicable X__ Meets intent of standard Does not meet intent C. Open Space enhancements described in Open Space and Recreation Objective B-I, are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. Not applicable Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X__ Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable __X Meets intent of standard Does not meet intent G. In order to provide for more balance demographic mix, the development of "large scale adult oriented communities" on the remaining vacant land is discouraged. Not applicable __X Meets intent of standard Does not meet intent N.E. 4TH ST. /',I.E. 4TH POST OFFICE N,E. 5RD N.E. 2ND ST. ., 1ST CT. N.E. 1ST ST. OLD ATLANTIC AVENUE N ~ FORMANO PROPERTIES CI'FY OF DELRAY BEACH, FL PLANNING & ZONING OEPARTtC,£NT MAP RE,r: LM267 ---- DIGTT,4L ~,ASE t,44,° $~'EM --- WEINER, MORICI, & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 OF COUNSEL: MICHAEL S. WEINER ROBERT MARC SCHWARTZ, P.A. ALFRED G. MORICI Florida Bar Board Certified CAROLE J. ARONSON Real Estate Lawyer September 15, 1998 HAND DELIVERED Ms. Susan Ruby, City Attorney City of Delray Beach ~-00 N.W. First Avenue Delray Beach, FL 33444 Re: Right of Way Easement .Agreement with Exhibits Our File No.:FORP002 Dear Ms. Ruby: Enclosed is a completed Right of Way Agreement with all Exhibits. I assume we can now go forward with having our approval granted in regard to this matter. Thank you for your cooperation. Very truly yours, Michael S. Weiner MSW/tah " RIGHT - OF - WAY EASEMENT AGREEMENT THIS AGREEMENT, made this ~ day of ~ 1998, by and between Formano Properties of Delray Beach, Inc., whose address is 85 S.E. 6th Avenue, Delray Beach, FL 33483 CFormano"), and the City of Delray Beach, Florida, a municipality duly incorporated under the laws of the State of Florida, whose address is 200 N.W. 1st Avenue, Del_ray Beach, FL 33~.44 (the "City") WITNESSETH: WHEREAS, Formano is the owner of certain real property situated in the County of Palm Beach and State of Florida more particularly described in ~ and made a part hereof (the "Easement Property"); and WHEREAS, Formano and the City wish to make provisions for the use of the Easement Property described in EXHIBIT "A" for vehicular use, pedestrian use and for the additional use of establishing and maintaining public utilities therein, subject to the restrictions, conditions, terms and obligations set forth herein; and WHEREAS, Formano owns property immediately adjacent to ~ more particularly described in EXHIBIT "B" and made a part hereof (the "Formano Property"); and WHEREAS, for explanation and convenience but.not to specifically locate any buildings, structures, improvements or features, there is attached hereto as EXHIBIT "C" a rendering of the area which includes the properties described in F,~J:I]]]ll..~ and ~ NOW, THEREFORE, in consideration ofTEN DOLLARS ($10.00) and other good and valuable consideration, Formano and the City hereby agree as follows: 1. The recitations set forth above are incorporated as if fully set forth herein. 2. Formano hereby does grant unto the City a perpetual easement (hereitia~er referred to as the "Easement") for the purpose of providing a right - of- way for use by the general public as road right - of- way for vehicular and pedestrian traffic, including ingress and egress, and the additional purpose of establishing and maintaining public utilities therein, such easement to be over, through, upon, under or within the Easement Property. 3. The City at its own expense shall maintain the Easement Property in a state of good repair, in a clean condition, and free of trash and debris. The operation, management and maintainenee responsibilities of the City shall include, but are not limited to, concrete and asphalt repairs; maintaining and repairing, when necessary, the sidewalks, roadways, and parking areas; removing trash and debris from the sidewalks, roadways, walk'ways and · parking areas; maintaining and repairing directional signs, pavement markings and parking striping, maintaining and repairing public outdoor lighting facilities, if any; cuttting and caring for and replanting all grass, shrubbery and landscape areas, if any; and maintaining and repairing drainage systems, if any. 4. The City shall not unreasonably obstruct, impede, or interfere in the use or accessibility by Formano, its tenants, subtenants, lessees, invitees, customers, employees, mortgagees, guests, licensees, successors or assigns with respect to the Formano Property in connection with the use of the Easement. By way of example and not limitation, the parties acknowledge the existence of two garage doors on the Formano Property and curb cuts for ingress and egress to such garage doors. Such curb cuts and garage doors shall remain for the use and benefit of Fonnano, without unreasonable obstruction, interference, or impediment. By way of example and not limitation, the City shall place the appropriate parking striping and signs in front of the curb cuts indicating that public parking is not allowed to obstruct the garage doors. By way of example and not limitation, the parties acknowledge that any repairs or maintenance with respect to the Easement Property or the construction or reconstruction of utilities under the Easement Property shall not be an unreasonable obstruction of the garage doors during such periods of repairs, maintenance, construction or reconstruction. 5. The rights and privileges granted herein shall be exercised in a manner which does not unreasonably interfere with or disrupt the normal use, business and occupation of the improvements located on the Formano Property. The City agrees that in the event any improvements, whether utilities or otherwise, are constructed or reconstructed within the Easement Property, then such improvements shall not be constructed in such a manner as to diminish or impact upon the smacu~ integrity of any improvements which may exist on the Formano Property. 6. Both City and Formano hereby agree that they will execute such documents, in recordable form, as may be necessary or desirable to effectuate the easements granted in this Agreement including but not limited to instruments to utility companies for the purpose of installing and relocating utility lines and related facilities to property within the Easement Property but only in a manner not inconsistent with this Agreement. 7. All of the terms, covenants and conditions set forth in this Agreement are intended to be, and shall be, construed as covenants running with the l .and, binding upon, inuring to the benefit of and enforceable by each of the parties hereto and their respective successors and assigns. This Agreement and the rights created hereby including but not limited to the easements created hereunder shall be superior to all leases, conveyances, transfers, assignments, contracts, mortgages, deeds of trust and other encumbrances and documents in any way affecting any part of the properties which are burdened or benefitted by this Agreement. Any person or entity foreclosing any such mortgage, deed of trust, lien or encumbrance and any persons or entitles acquiring title to, or interest in, such properties as a result thereof shall acquire and hold tire expressly subject to the provisions of this Agreement. Every instrument transferring and conveying tire to any part or all of such properties shall recite ' that the same is given and made upon and subject to all of the provisions of this Agreement. Any transferee of any interest in any part or ail of such properties shail automaticaily be deemed, by acceptance of such interest, to have agreed to be bound by ail of the provisions of this Agreement and to have agreed to perform and do any and ail things required to be done and performed hereunder. Within the twenty (20) days of execution of this Agreement by both parties, Formano shall obtain such subordination agreements as are necessary as to assure the City the benefit of the above provisions. 8. No delay or omission by any of the parties hereto in exercising any right or power accruing upon any default, noncompliance or failure of performance of any of the provisions of this Agreement by any of the other parties hereto shall impair any such right or power or be construed to be a waiver thereof. A waiver by any of the parties hereto of any of the obligations of the other parties under this Agreement shall not be construed to be a waiver of any subsequent breach of such obligation or a waiver of any breach of any other term, covenant or condition of this Agreemem. 9. If any provisions, or portion thereof, of this Agreement, or the application thereof to any persons or circumstances shail, to any extent, be held invalid or unenforceable, then the remainder of this Agreement, or the application of such provisions, or portion thereof, to any other person or circumstances shail not be affected thereby, and each provision of this Agreement shail be vaiid and enforceable to the fullest extent permitted by law. 10. This Agreement may be modified or mended in whole or in part, at any time, and fi:om time to time, by agreement between the parties hereto, their successors or assign.% which agreement shall be evidenced by an instnmaent recorded in the Public Records of Palm Beach County, Florida. 11. Any notice required or permitted to be given by or. to either of the parties hereto under this Agreement shall be in writing and shall be deemed to have been given when deposited in the United States mail, certified or registered mail, return receipt requested, and addressed to the addresses set forth herein. Either party may, at any time, change its address for the above purposes by mailing, as aforesaid, a notice stating the change and setting forth the new address. 12. No breach of this Agreement or default by any of the parties hereto shall ehtitle any of the other parties hereto to tenninate or cancel this Agreement. This Agreement may be enforced by the parties hereto or their successors or assi~,tms, or any institutional mortgagees of record. In the event of any violation or threatened violation of the terms of this Agreement by any of the parties hereto, then the other parties hereto, their successors or assigns, shall have, in addition to the right to collect damages, the right to enjoin such violation or threatened violation in a court jurisdiction, the parties hereto hereby stipulating that legai relief aione would be inadequate. Prior to the commencement of any such action written notice of the aileged violation will be given to the party or person responsible for such violation. All costs and expenses, including reasonable attorneys' fees, of any such suit or proceeding at law or equity or arbitration including appellate proceedings shall be assessed against and promptly ' paid by the party not prevailing in such proceeding. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date and year first above mentioned. Signed, sealed and delivered in the presence of: WITNESS Formano Properties of Delmy Beach, Inc. By: Its: Printed Name Corporate Seal ATTEST: Its Printed Name The City of of Delray Beach, Florida By: Printed Name Its Corporate Seal Printed Name ATTEST: Its STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of August, 1998, by as of Formano Properties of Delray Beach, Inc., A Florida Corporation, who is personally known to me (Yes No ) OR who produced as identification and who did/ did not take an oath. Print Name Notary Public, State of Florida My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing inslaxmaem was acknowledged before me this ~ day of August, 1998, by as of the City of Delmy Beach, Florida, a duly incorporated municipality under the laws of the State of Florida, who is personally known to me (Yes __ No ~) OR who produced as identification and who did/did not take an oath. Print Name Notary Public, State of Florida My Commission Expires: Lots 18 and 19, L.R. Benjamin's Subdivision according to the Plat recorded in Plat Book 12, Page 18, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. The west 7.42 feet of Lots 18 and 19 of Block 9g of the Plat of L.K. Benjamin's Subdivision as recorded in Plat Book 12, Page 18 of the Public Records of Palm Beach County, Florida. LEGAL C)~8~f~PTI~N THE WEST 7.42 FEET OF LOTS 18 ~O 19 OF BL~K 9~ OF ~E P~T OF ~~'~ SU~ ~ ~~ ~ P~T ~ 12 PA~ 1~ ~ ~E PU8~ RE~ ~ P~ B~CH C~, FLO~ THIS I~ NOT.4 $~JRVEY N~v~d un~ EXHIBIT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # - REGULAR MEETING OF SEPTEMBER 15, 1998 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION (FORMANO PROPERTIES) DATE: SEPTEMBER 4, 1998 This item was appealed by the City Commission at the August 4th regular meeting to August 18, 1998. On August 18th, the property owner's representative, Michael Weiner, requested a postponement until September 15, 1998. The project (Formano Properties) involves parcels on both sides of N.E. 4th Avenue. As you can see from the attached survey, at least one-third of the existing on-street parking and all of the existing sidewalk are located outside the existing right-of-way. I strongly recommend that we not require any dedication on the west side of the street, but that we request dedication of ten feet on the east side. Maintaining the existing on-street parking is especially important since these commercial buildings fall so far short of meeting the applicable off-street parking requirements. Attached is a copy of the staff report to the Site Plan Review and Appearance Board along with the minutes from SPRAB's July 22nd meeting at which this project was discussed. I recommend approval of the project with the added condition outlined above (i.e. dedication of ten feet on the east side of the street). ref:agmemol5 8. That prior to issuance of a building permit, revised landscape plans shall be submitted. It was moved by Ms. Shutt, seconded by Mr. Branning and passed 5-0 to table the landscape plan for Delray's Lost Drive-In. It was moved by Mr. Sittler, seconded by Ms. Shutt to approve the Phase One building elevations for Delray's Lost Drive-In based upon positive findings with respect to LDR Section 4.6.18. After further discussion, Mr. Sittler amended his motion. It was moved by Mr. Sittler, seconded by Ms. Shutt and passed 5-0 to approve the Phase One building elevations for Delray's Lost Drive-In excluding the screen/graphics architectural element based upon positive findings with respect to LDR Section 4.6.18. It was moved by Mr. Sittler to approve the attached screen with submitted graphics to include additional cars in the parking lot and that the words "Flea Market" shall be deleted from the license plate. After further discussion, Mr. Sittler withdrew his motion. It was moved by Mr. Sittler, seconded by Ms. Shutt and passed 5-0 to approve the screen structure which shall be an attached integral structural part of the building and the submitted graphic design amended to show additional cars in the parking ~ot and elimination of letteri[~g, subject to the following condition: 1. The method of application of the graphic to the screen shall be resubmitted for SPRAB approval at a later date. Formano Properties; 235-245 N.E. Avenue; Class III Site Plan Modification 4th and Landscape Plan for the Construction of an Off-site Parking Lot Associated with an existing Commercial Building; Ann Koplas, Authorized Agent. The item before the Board is approval of a Class III Site Plan Modification, building elevations, landscape plan for Formano Properties. Mr. Costello presented the item to the Board through a review of the staff report. The proposal involves the following improvements to the one and two story buildings at 235-245 N.E. 4th Avenue and the vacant lot directly across the street: One and Two Story Buildings: - 10 - 7/22/98 [] Conversion of the one and two story buildings from industrial/residential/retail uses to offices; [] Modification of front elevations, including resurfacing with stucco and paint; replacing front doors and windows; and installing a 2' wide decorative cement canopy. Vacant Lot: [] Construction of a parking area with three spaces and 24' wide driveway, complete with landscaping and drainage improvements; and, Q Installation of a 10' x 12', 6' high cbs dumpster enclosure with wood slat gate. A 5' wide sidewalk is required along the west side of N.E. 4th Avenue which has not been indicated. Revision of the site plan to show the required sidewalk is attached as a condition of approval. Also involved is a waiver request to reduce the required right-of-way width for N.E. 4th Avenue from 60' to 40'. Staff recommended approval subject to the conditions outlined in the staff report. Ms. Ann Koplas presented a rendering and explained the proposal. She agreed with the conditions of approval. It was moved by Ms. Shutt, seconded by Mr. Branning and passed 5-0 to approve a waiver to LDR Section 5.3.1(D)(2), to reduce the required right-of- way width for N.E. 4th Avenue from 60' to 40'. It was moved by Ms. Shutt, seconded by Mr. Sittler and passed 5-0 to approve the Class III Site Plan Modification for Formano Properties based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(G)(5) of the Land Development Regulations, subject to the following conditions: 1. That the site plan be revised to show 8' x 16' compact spaces. 2. That the site plan be revised to show 5' sidewalk. 3. Revise plans to address technical comments. It was moved by Ms. Fowler, seconded by Mr. Branning and passed 5-0 to approve the Landscape Plan for Formano Properties based upon positive findings with respect to Section 4.6.16 subject to the following conditions: 1. That the dumpster be set back 2' to provide the required 5' landscape area. - 11 - 7/22/98 2. That the 8' x 16' parking spaces be provided to accommodate 5' wide strip along the south property line. 3. That the landscape island at the northeast corner of the site be installed including a tree and Liriope underplantings. 4. Revise plans to address landscape technical comments. It was moved by Mr. Sittler, seconded by Ms. Shutt and passed 5-0 to approve the Elevations for Formano Properties based upon positive findings with respect to LDR Section 4.6.18. VI. DISCUSSION ITEMS: A. Review of Submission Items. The Board was informed of the items that would be before them at their August 5, 1998 meeting. B. Administrative Matters: ·Board Comments: None. ·Staff Comments: None. VII. ADJOURN There being no further business before the Board, the meeting adjourned at 10:30 P.M. The undersigned is the Secretary of the Site Plan Review and Appearance Board and the information provided herein is the Minutes of the meeting of said body for July 22, 1998 which were formally adopted and approved by the Board on Loretta Heussi - 12 - 7/22/98 0° ~ T,0 243766 P022 c-17-88 ,~l'~,~,~n°~ PRO}~'~ ~,~,/, }~I&A, P, A,/RMS, s~, ~,'~ ~ WEINER, MORICI, & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 OF COUNSEL; MICHAEL S. WEINER ROBERT MARC SCHWARTZ, P.A. ALFRED G. MORICI Florida Bar Board Certified CAROLE J. ARON$ON Real Estate Lawyer August 17, 1998 VIA TELECOPIER Ms. Susan Ruby City Attorney Delray Beach City Hall 200 NW 1 st Avenue Delray Beach, FL 33444 Formano Pr°Perties; Hearing on August 18, 1998; Item 9.A. Our File No.iFORP002 Dear Susan: This will confirm my client's request to postpone this Item until the next City Commission Meeting. Ml~hael S. Weinel MSW/tah ~ ] l~ }q~ cc:Ms.Mr' DaVidAnn KoPlasHarden' City Manager ~] _~~ ~D WEINER, MORICI & ARONSON, P.A. ~JL i, ~.,~o~ ATTORNEYS AT LAW ' ' '"' 102 North Swinton Avenue Deiray Beach, Florida 33444 South Palm Beach County: (561) 265-2666 OF COUNSEL: Telecopier: (561) 272-6831 ROBERT MARC SCI-IWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer DATE: August 17, 1998 RECEIVER'S FAX NO.: 561-243-7166 TO THE ATTENTION OF: Mr. David Harden NAME OF COMPANY: City Manager; City of Delray Beach FROM: Michael S. Weiner, Esquire NUMBER OF PAGES TO FOLLOW COVER SHEET: REFERENCE: Formano Properties; Heating on August 18, 1998; Item 9.A. MESSAGE OF INSTRUCTIONS: IF YOU DO NOT RECEIVE ALL MATERIAL BEING TRANSMITTED, PLEASE CALL: Terri ~ONFIDENTIALITY NOTICE The documents accompanying this relecopy transmission contain information which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, you ar~ hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this teleeopied information is strictly prohibited, and that the documents shall be returned to this firm immediately. In this regard, if you have received this telecopy in error, please notify us by telephone immediately so that we can arrange for the return o£the documents. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF AUGUST 18, 1998 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION (FORMANO PROPERTIES) DATE: AUGUST 14, 1998 This item was appealed by the City Commission at the August 4th regular meeting. The project (Formano Properties) involves parcels on both sides of N.E. 4th Avenue. As you can see from the attached survey, at least one-third of the existing on-street parking and all of the existing sidewalk are located outside the existing right-of-way. I strongly recommend that we not require any dedication on the west side of the street, but that we request dedication of ten feet on the east side. Maintaining the existing on-street parking is especially important since these commercial buildings fall so far short of meeting the applicable off-street parking requirements. Attached is a copy of the staff report to the Site Plan Review and Appearance Board along with the minutes from SPRAB's July 22nd meeting at which this project was discussed. I recommend approval of the project with the added condition outlined above (i.e. dedication of ten feet on the east side of the street). ref:agmemol5 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: C I TY MANAGER ~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JULY 30, 1998 Attached is the Report of Appealable Land Use Items for the period July 20th through July 31, 1998. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. I recommend that the Commission appeal Site Plan Review and Appearance Board item number 7. This project (Formano Properties) involves parcels on both sides of N.E. 4th Avenue. As you can see from the attached survey, at least one-third of the existing on-street parking and all of the existing sidewalk are located outside the existing right-of-way. Therefore, I strongly recommend that we not require any dedication on the west side of the street, but that we request dedication of ten feet on the east side. Maintaining the existing on-street parking is especially important since these commercial buildings fall so far short of meeting the applicable off-street parking requirements. Recommend review of the appealable actions for the period stated. Receive and file the report, with the exception of Site Plan Review and Appearance Board item number 7 (Formano Properties) which should be appealed to the August 18th regular meeting. ref:apagmemo City Commission Documentation .... Appealable Items Meeting of August 4, 1998 Page 4 · Allowing the maximum number of parking spaces separated by a landscape island to 13 spaces in one case; 12 spaces in one case and 11 spaces in ten cases; and, · Eliminating the required landscape strips between parking tiers in the existing east parking lot. 7. Approved with conditions (5 to 0), the Class III site plan modification, landscape plan and architectural elevations associated with the renovation of an existing commercial building and construction of an off-site parking lot for Formano Properties, located on N.E. 4th Avenue, between N.E. 2n° Street and N.E. 3rd Street. Concurrently, the Board granted a waiver to reduce the required right-of-way width for N.E. 4th Avenue from 60' to 40'. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map TO: DAVID T. HARDEN, CITY MANAGER FROM: JEFFREYA. COSTELLO, PRINCIPAL PLA~ '- - ~ SUBJECT: MEETING OF SEPTEMBER 15, 1998 CONDITIONAL USE REQUEST TO ESTABLISH A RESIDENTIAL DENSITY WHICH WILL EXCEED 30 UNITS/ACRE WITHIN THE CBD FOR VILLAS DELRAY, TO BE LOCATED AT THE SOUTHEAST CORNER OF N.E. 4TM AVENUE AND N.E. 1s' STREET. This memo is provided as a follow-up to the City Commission documentation for the August 4t' meeting. This item was originally scheduled for that meeting, however the applicant requested postponement to prepare for the presentation. At that time, the conditional use request included two potential development scenarios, one which involved a mixed-use (residential/6 units and office) complex, and one which was entirely residential (9 units). The applicant has since revised the request to include only the mixed use development (Scenario #1 in the attached Planning and Zoning report). Additional background and analysis are included in the previously provided Planning and Zoning staff report, and City Commission Documentation, which includes letters of objection and support. Approve the Conditional Use request for Villas Delray (mixed use development), based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings) and Section 4.4.13(I) (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions as recommended by the Planning and Zoning Board. DA'[E: SEPTEMBER 9, 199~ TO: JEFF COSTELLO FROM: JEFFREY SILBERSTEL~q RE: CONDITIONAL USE REQUEST VILLAS DELR.&5' VIA: FAX PLEASE BE ADVISED TH.%T WE ARE WITHDR..%WL\'G THt:. g L..'NI]' $CttEME. THE SCHEME VCE ARE PROPOSING IS 6 UNITS AND ~ 5F OF OFIqCE SPACE. SINCERELY, JEFFREY SILBERSTEIN, A.I.A. RECEIVED SE? (I 9 199B TO: D MANAGEr FROM: JEFFREY A. COSTELLO, SENIOR PLANNER- ~ SUBJECT: MEETING OF AUGUST 4, 1998 CONDITIONAL USE REQUEST TO ESTABLISH A RESIDENTIAL DENSITY WHICH WILL EXCEED 30 UNITS/ACRE WITHIN THE CBD UNDER TWO DIFFERENT SCENARIOS FOR VlL~S DEL~Y, TO BE LOCATED AT THE SOUTHEAST CORNER OF N.E. 4TM AVENUE AND N.E. ~ STREET. i~:,:,~:,~:,:,:,~:,~:::,:,~:,:,~:~:,~?,:,:,:,:,:,:,~::~:,~: ........ ~::~ ....... ~:~ ......... ~: ...... ~ ........................................................ ~ .................................. :~::::~ ...... ~:::::~;~: ~ ~ ~ ~ ~ ~ The proposal includes ~o development scenarios as follows: Scenario h construction of a mixed-use development consisting of two 2-sto~ buildings connected by a garden area and 6' high cbs wall. The building on the west side of the site will contain 4,800 sq.ff, with 2,400 sq.ff, of office space on the first floor and 2 one bedroom apa~ments on the second floor. The building to the east will contain 4 one bedroom units - ~o units per floor (6 total units or 30.3 units/acre). The garden area will contain a lap pool; · Installation of 6 back-out parking spaces adjacent to the nodh/south alley along the east side of the prope~y and installation of 5 parking spaces with landscape nodes along the south side of the N.E. 1s~ street right-of-way; and, Installation of foundation plantings/landscaping on the nodh, east and west sides of the buildings, and the installation of a dumpster area at the southeast corner of the prope~y. Scenario Ih A residential development which includes the conversion of the 2,400 sq.ff, of office space to 3 one bedroom units, for a total of 9 units (45.45 units/acre). The balance of the development would remain as described above. A detailed description of the development proposal, additional background and an analysis of the request are found in the affached Planning and zoning Board Staff Repo~. Also attached are letters of objection that were submitted since the Planning and Zoning Board meeting. Any additional letters of objection or suppo~, if any, will be presented at the city commission meeting. The Planning and Zoning Board considered the request at a public headng on ,July 20, 1998. Two members of the public spoke in opposition to the requests, as only 30% of the required parking is to be located on site with the balan~ to be paid through the in-lieu option and by installing on-street parking. The Board supposed the mixed use option (6 units) as each unit would have at least one parking space during the evening when the office is closed. However, the Board did not suppo~ the 9-unit apa~ment buildings scenario as residents will be forced to park off-site, and this scenario did not adequately comply with the CBD Pedormance Standards to increase residential density. After discussing the proposal, the Board voted 6-1 (Schwa~ City Commission Documentation Meeting of August 4, 1998 Villas Delray - Conditional Use Request Page 2 dissenting) to recommend to the City Commission approval of the Conditional Use request for Scenario #1 based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings) and Section 4.4.13(I) (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions: 1. That the approval be for a mixed use development consisting of 2,400 sq.ft, of office and 6 apartments (does not include Scenario #2, 9 units); 2. That 5 parallel parking spaces and associated landscape nodes along the south side of N.E. Ist Street be installed prior to issuance of a Certificate of Occupancy; 3. That along N.E. 1st Street and 4th Avenue, street lights and paver block sidewalks similar to those on Atlantic Avenue be provided; 4. That prior to issuance of a budding' permit, an in-lieu parking fee payment agreementst and acceptance of the installation of the 5 parallel parking spaces within N.E. 1 Street be approved by the City Commission; 5. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations; and, 6. That a minimum of one space per residential unit be provided on-site. The Board then voted 6-1 (Schwartz dissenting) to recommend to the City Commission denial of the Conditional Use request for Scenario #2, based upon a failure to make positive findings with respect to Section 4.4.13(I) (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations. By Separate Motions: A. Approve the Conditional Use request for Villas Delray (Scenario #1), based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings) and Section 4.4.13(I) (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions as recommended by the Planning and Zoning Board. B. Deny the Conditional Use request for Villas Delray (Scenario #2), based upon a failure to make positive findings with respect to Section 4.4.13(I) (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations. Attachments: · Letters of Objection · P & Z Staff Report and Documentation of July 20, 1998 ZUL.~O.l~98 I:~PM ETRP~N MONAgAN COHEN MO.8~? July 1.7, 1998 Jeffrey A. Costello Senior Planner City 'of Delray Beach 100 N. W. First Avenue Delmy Beech, FL 33444 Re: Public Headng Items Section V.E. Conditional Use at the Southeast comer of N. E. 4th Avenue and N. E. 1st Street Public Hearing/Regular Meeting July 20, 1998 Dear Mr. Costello Our company owns properties along Atlantic Avenue and Northeast Fourth Avenue. In addition, our family owned and operated A. George & Sons on the southeast comer of Atlantic Avenue and Northeast Fourth Avenue for over 50 years, and I served on the Chamber of Commeme parking commitee tn the 1960's. I think, therefore, I am as familiar with the business concerns and parking problems of businessmen in this area as anyone. Clearly the major problem, as it has always been, is parktngl I am, therefore, wdting you to express our opposition to the proposed development of the parcel at the southeast comer of Northeast Fourth Avenue and Northeast First Street. We, of course, have no objection to the development of that property, but feel that on-site parking should be required. To permit the developer to purchase these "phantom' parking spaces and pay a relatively nominal amount over a ten (10) year period is simply exacerbating the downtown parking problem. It is totally unrealistic to think that a resident in that building is going to park in the public perking lot that is East of the railroad tracks. They ara obviously going to park in the existing parking spaces that are owned by the surrounding businesses, which is t~tally unfair to those individuals. - ,EIVED JUL 2 8 1998 PLANNING & ZONING JUL. ~0. !~8 1: ~PH ETRP~ MONA~M CO~-EM MO. 8~? ~. ~ In conclusion, it seems obvious that the current momentum for development is now sufficient that unreasonable concessions do not have to be made by the City to attrac~ quality developments, · ~ours. very. truly, . :~., /') ..... ..~_... John D. George, President C:~ARJ~BE, DOW July 22, 1998 City of Delray Beach Attention: Planning & Zoning Board 100 N. W. First Avenue Delray Beach, Florida 33444 RE: Corner N. E. First Street and Fourth Avenue Dear SidMadam: I am writing in regard to an article I read July 21st in the Sun-Sentinel regarding the above property. I object to the property based on the following points: · The property is on a one way street which is used as a by-pass to Atlantic Avenue. Accidence occur quite often and this would development would increase the possibility of additoinal accidents. There would be additional conjestion at Atlantic Avenue and Fourth Avenue. Have you ever tried to get across Atlantic Avenue from 4th? It is not easy. I do not see how a platted lot 64' x 135' (8,640 square feet), which I am sure has set back requirements, could facilitate six apartment units and the rest of the space for offices. I do not see how even a duplex could be built. · Isn't it time to stop the allowance of payment of $6,000 per parking space to developers. As a 50 year resident of Delray Beach it is nice to see the downtown area prospering as it did when I was a child. I feel, however, that if you continue to bend the rules for certain developers that there will be a back slide and downtown could once again be looking for patrons. Please use some common sense and negate this proposal. You would also save Mr. Silberstein money by stopping it now instead of leading him on. Linda F. O~"'~~ 148 Coconut Road Delray Beach, Florida 33444 Southern Development Services July 31, 1998 City of Dekay Beach CffY CLERK Planning and Zoning Department " ' 100 NW First Avenue Delray Beach, Florida 33444 Re: Conditional Use Request by Jeff' Silberstein for project on NE 4th Avenue, Delray Beach, Fl Dear Commissioners: This letter is an endorsement of the infill project on NE 4th Avenue proposed by Mr. Jeffrey Silberstein. Our firm has been interested in purchasing a property on NE 4th Avenue, including an historic house and vacant lot. We too are currently analyzing the feasibility of redeveloping in this immediate area. We have seen Mr. Silberstein's plans and feel the scale is very appropriate for dowmown Dekay. Our analysis show that this area has an abundance of street and public parking and therefore we feel his parking proposal is very reasonable. Thank you for allowing me to comment. Sincerely, President cd073 ljz AUG O 3 1998 PLANNING 75 N.E. 6TH AVENUE · SUITE 214 · DELRAY BEACH. FLORIDA 33483 · (561) 278-3100 · FAX (561) 278-3199 July 27, 1998 City of Delray Beach Planning & Zoning Department 100 N.W. First Avenue Delray Beach, Fl. 33~.44 Re: Conditional Use SE Comer NE 4th Ave. and NE 1st Street. Dear Six/Madam: I am the owner of Fountain Square directly adjacent to the proposed project. I would like share with you my positive reaction to this project. I think it is a beautiful development and should contribute greatly to the development of our city. Mr. Silberstein has explained the parking plan and I feel comfortable that the parking will not have a negative impact on our street as well as my project. Jim Mucciaccia JJM Properties, L.C. P.O. BOX 513 Randolph, Ma. 02368 RECEIVED J U L 3 1 1998 PLANNING & ZONING PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 20, 1998 AGENDA ITEM: V.E. ITEM' Conditional Use Request to Allow the Residential Density to Exceed 30 Units per Acre, Under Two Different Development Scenarios in Order to Accommodate Either a Mixed Use Development Composed of 6 Apartment Units and 2,400 sq. ft. of Office Use, or 9 Apartment Units for Villas Delray, In the CBD (Central Business District) Zoning District, Located at the Southeast Comer of N.E. 4th Avenue and N.E. Ist Street. i ~'- j SUMMIT A TL AN T~ C AVENUE COND,O GENE L DATA: Owngr/Applicant ..................................... JRCS, inc. Agent ...................................................... Jeffrey Silberstein, SilDerstein Architects Location .................................................. Southeast corner of E.E. 4th Avenue and N.E. 1st Street Propg~y Size .......................................... 0.198 Acre Future Land Use Map Designation ......... Commercial Core Zoninc D~s~gnat~on ................................. CBD (Central Busingss District) Adjacgnt Zoning .......................... No~h: C~D East: CBD South: CBD West: CBD ~xisting Land Use ................................... Vacant lot with th9 exception of asphalt parkin~ area on east side of the prope~y. Proposgd Land Use ................................ Scenado I: Construction of ~o 2-sto~ buildings connected by a garden area and a ~' high cbs wall West building wil~ comain 4,800 sq. ff. with 2.400 sq. h. of 1st floor office space and 2 one bedroom a~a~ments on th5 second floor. ~ast building will contain 4 one bedroom units (~o units per floor), installation of 6 back-out parkin~ spaces along the no~h/south alley on the east side of the prope~y~ 5 parkin~ spaces alon~ the sout,h side of N.E. 1st St.. with associated landscaping (30.30 d.u./ac.). Th9 garden area will contain a lap pool. Scenado fl: Conversion of the 2.400 sq. ff. of office space to 3 one bedroom units for a tota~ of 9 units (46 d.uJac.). Water Se~ice ......................................... Avaiiabl9 via connection to an existing 8" water main in N.E. 4th Avenue. Sewgr S~e ......................................... Available via connection to an existing 8" sgwer main in the no,h/south alley V.E. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a residential density which will exceed 30 units/acre under two different scenarios for Villas Delray. The subject property is located at the southeast corner of N.E. 1st Street and N.E. 4th Avenue. The subject property consists of Lot 14, Block 100, Town of Delray, and contains 0.198 acres. The subject property is vacant with the exception of an asphalt parking area on the east side of the property. The parking area was installed in the 1960's, in conjunction with the abutting parking lot and commercial complex on the east side of the alley (Fountain Square). With the Citywide rezoning of 1976, the subject property was rezoned from C-2 (General Commercial) to CBD (Central Business District). A Conditional Use request has been submitted to construct residential units with a density in excess of 30 units per acre, under two different development scenarios, and the request is now before the Board for action. The proposal includes two development scenarios as follows: Scenado h Construction of a mixed-use development consisting of two 2-story buildings connected by a garden area and 6' high cbs wall. The building on the west side of the site will contain 4,800 sq.ft, with 2,400 sq.ft, of office space on the first floor and 2 one bedroom apartments on the second floor. The building to the east will contain 4 one bedroom units - two units per floor (6 total units or 30.3 units/acre). The garden area will contain a lap pool; Installation of 6 back-out parking spaces adjacent to the north/south alley along the east side of the property and installation of 5 parking spaces with landscape nodes along the south side of the N.E. 1st Street right-of-way; and, Installation of foundation plantings/landscaping on the north, east and west sides of the buildings, and the installation of a dumpster area at the southeast corner of the property. P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 2 Scenario Ih [] A residential development which includes the conversion of the 2,400 sq.ft, of office space to 3 one bedroom units, for a total of 9 units (45.45 units/acre). The balance of the development would remain as described above. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) 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 body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Commercial Core Future Land Use Map designation and a CBD (Central Business District) zoning designation. The CBD zoning district is consistent with the Commercial Core FLUM designation. Pursuant to LDR Section 4.4.13(D)(15), within the CBD, multi-family dwelling units, excluding duplexes, with a density greater than 30 units per acre, are allowed as a Conditional Use, subject to the standards and limitations of Section 4.4.13(I). The business and professional office component is allowed as a permitted use in the CBD zone district [ref. LDR Section 4.4.13(B)(1)]. Based upon the above, a positive finding with respect to consistency with the Future Land Use Map can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: [] Water service is available via a service lateral connection to an existing 8" water main along the east side of N.E. 4th Avenue. Adequate fire suppression is provided via existing fire hydrants within the area (northeast corner of N.E. 1st Street and N.E. 4th Avenue, and on the east side of N.E. 4th Avenue, approximately 175 feet south of the site). P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 3 [] Sewer service is available via a service lateral connection to an existing 8" sanitary sewer main located within the north/south alley, which runs along the east side of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Preliminary paving and drainage plans were submitted indicating that the drainage will be retained on-site. At this time, there are no problems anticipated complying with South Florida Water Management District or Lake Worth Drainage District requirements. Streets and Traffic: A traffic analysis has been prepared based upon both scenarios. The mixed-use development consisting of 2,400 sq.ft, of office and 6 apartment units will generate 98 trips per day onto the surrounding roadway network and the 9 apartments will generate 63 trips. The subject property is located within the TCEA (Traffic Concurrency Exception Area), which encompasses the CBD (Central Business District), OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Further, pursuant to the Palm Beach County Traffic Performance Standards Ordinance, residential developments east of 1-95 are also exempt from meeting traffic concurrency. Thus, the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The proposed residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, 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 issuance of building permits for each unit. Thus, an in-lieu fee of $3,000.00 will be required for the 6 units, and $4,500.00 for the 9 units. The Park dedication requirements do not apply for nonresidential/office use. Solid Waste: Trash generated each year by the mixed use development consisting of 2,400 sq.ft, of office (6.48 tons) and 6 units (11.99 tons per year) will be 18.47 tons per year. The 9 P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 4 apartments will generate 17.91 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in 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 goals, objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted. Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property was previously disturbed and has remained vacant for many years. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development and the development will be complimentary with the surrounding developments. The Housing Element of the Comprehensive Plan calls for the provision of infill housing in the downtown. This development proposal fulfills this need. Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Under either development scenario, 6 or 9 units, the proposals include the installation of a lap pool. Given the number of units and the developments location, it is not practical to require a tot lot or playground equipment. Thus, this requirement should be modified. The modification can be accomplished through approval of the conditional use requests and the associated sketch plan. Housing Element Objective B-2 - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies which will implement this objective include: P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 5 Housing Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. Under one scenario, 6 one-bedroom units will be provided, and under the other scenario 9 one-bedroom units will be provided. While the proposal does not accommodate 2, 3, or 4 bedroom units, it does provide spacious one bedroom units ranging from 608 to 872 sq.ft., which exceed the minimum 600 sq.ft, required. Due to the property's location within the Central Business District, and the limited land area 0.198 acre, it is appropriate to modify this requirement. Housing Element Policy B-2.6 - Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged". The development proposal complies with this Policy as it provides the desired type of residential development within the CBD. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. This objective and policy are discussed below under Section 2.4.5(E) which deal directly with compatibility. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 6 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 subject property is surrounded by the CBD (Central Business District) zoning district. The surrounding land uses are: to the east an office and retail development (Fountain Square); to the north is a parking lot associated the an office building along N.E. 5th Avenue; to the south is a parking lot; and, to the west are offices. The 6 residential units will result in a density of 30.3 units per acre, and the 9 units will have a density of 45.45 units per acre. Compatibility of the proposed development under either the mixed use (office, residential) or residential development scenarios is not a concern. While there may be some concerns relating to the lack of required on- site parking, there are existing public parking areas within the block immediately to the west. The proposal includes the installation of 5 public spaces adjacent to the property as well as payment of a parking in-lieu fee for the remaining required spaces. Any difference between the in-lieu fee and the cost to construct the 5 off-site parking spaces will also be paid. The mixed use development provides 32% of the required spaces on site, and the residential scenario provides 35% on-site. The turnover characteristics of the mixed use development allows the 6 spaces to be utilized by the office use during the daytime/business hours and provides one space per residential unit during the evening hours, when offices are typically closed. While the percentage of on site parking spaces provided is less for the mixed use development, the 9 unit scenario has an insufficient number of on site spaces to accommodate even I space per unit. To further mitigate the Board may want to consider limiting the approval to scenario #1. By limiting the development to mixed use, the impact will be minimized and the proposal will not have a detrimental effect on the surrounding area and will not hinder redevelopment of surrounding properties. The proposed use will help fulfill the need for housing in the City's Central Business District, and enhance this area and the surrounding property values. If approved, the commercial component of the mixed use development should be limited to office and/or retail. Conversion to a restaurant or night club having a higher intensity of use may not be appropriate. Any conversion to a more intense nonresidential use (restaurant, night club) or increase in the number of units/density under either scenario, must be processed as a conditional use modification. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed development scenarios will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site P & Z Board Staff Report Villas Delray ~ Conditional Use Approval Page 7 inspections, technical items were identified and transmitted to the applicant. These items will need to be addressed with the full site plan submittal. The following analysis is provided as it pertains to the conditional use requests. LDR Section 4.6.9(D)(2)(b) (Back-out Parkin_o) Pursuant to LDR Section 4.6.9(D)(2)(b), when parking spaces back-out onto an alley, the parking spaces and alley must have a combined depth of 42' and the spaces must have a minimum width of 10'. The proposed back-out spaces are only 9' wide. The parking spaces must be 10' wide, or a variance obtained from the Board of Adjustment. This will be addressed with the site plan submittal. LDR Section 4.4.13(G) & 4.6.9(C) (Parkin_o Requirements) Pursuant to LDR Section 4.4.13(G)(1)(a), within this portion of the CBD zone district, the parking required for the creation of new non-residential floor area shall be at the rate of I space for 300 sq.ft., or fraction thereof. The parking requirement for the 1- bedroom apartments is based upon LDR Section 4.6.9(C)(2)(c) which requires 2 spaces per unit. It is noted, however, within the CBD, when parking requirements are applied to either new development or a change in use, said parking requirements shall be reduced by one parking space. This reduction may only occur once. Scenario one requires 19 parking spaces, while scenario two requires 17 parking spaces. The plans indicate 6 parking spaces will be provided on-site, which results in a deficiency of 13 spaces under the first scenario and 11 under the second. When it is impossible or inappropriate to provide the required parking on-site or off-site, the in-lieu fee option may be applied, which requires a payment of $6,000 per space. As an alternative to providing all 13 spaces through an in-lieu fee payment of $78,000, the applicant has proposed to construct 5 spaces, including the handicapped accessible space required for the development, along the south side of the abutting N.E. 1st Street right-of-way, and providing the balance through the in-lieu fee ($48,000). Under the second scenario, a $36,000 in-lieu fee payment would be required. As previously stated, the mixed use development only provides 32% of the required spaces on site, and the residential scenario provides 35% on-site. While there is concern relating to the lack of required on-site parking, there are existing public parking areas in the block immediately to the west, and 5 new public spaces will be constructed adjacent to the property. If this were a development with a greater number of units and there was lack of public parking within 300', then a decrease in units would be appropriate. At its meeting of June 23, 1998, the Parking Management Advisory Board reviewed the requests and recommended approval (4-3) of the installation of 5 parking spaces in the N.E. 1st Street right-of-way, and payment of the in-lieu parking fee over a 5 year period provided that full payment of 2 of the spaces ($12,000) be provided at the time of City P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 8 Commission approval the in-lieu parking fee agreement, and that if the installation of the parking spaces along 1st Street is less than $6,000 per space, that the difference for those spaces also be provided in the in-lieu fee. The approval was based upon the mixed use development scenario, and did not include the 9 unit apartment scenario. LDR Section 4.4.13(I) (Performance Standards) (I) Performance Standards These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than thirty (30) dwelling units per acre. 1) Residential development may exceed thirty units per acre as a conditional use only on property located south of N.E. 2nd Street and north of S.E. 2nd Street. The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. The subject property is located at the southeast corner of N.E. 4th Avenue and N.E. 1st Street, which is between N.E. and S.E. 2nd Streets and within the designated area which allows the residential density to exceed 30 units per acre. The analysis with respect to LDR Section 4.4.13(I) (Performance Standards), and the Land Development Regulations is provided below. 2) The applicable performance standards for development under this section are as follows: a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the facade are offset and varied. In structures having more than two stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The preliminary building elevations indicate variations in design (varied roof heights and shapes), and facades that are off-set on the north and west sides of the property, adjacent to N.E. 4th Avenue and N.E. 1st street. The building is setback 31' from the alley (east property line) to accommodate on-site parking. P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 9 The elevations incorporate diversity in window and door shapes and locations, balconies and arches, shutters, and railings. Thus, the proposal has met this standard. b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. This standard is not applicable as the proposal does not include a parking garage. c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and fiats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposals provide either 6 or 9 one bedroom units. The proposal consists of varying floor plans and square footages. The scenario with 6 units will have the following square footages: four units with 753 sq.ft.; one unit at 810 sq.ft., and one unit at 872 sq.ft. The 9 unit scenario will provide 3 additional units at 737, 618, 608 sq.ft. While these units contain the least square footage, they do comply with the minimum floor area requirement for a one bedroom unit of 600 sq.ft. As there is no maximum percentage of one bedroom units established for projects having less than 12 units, and the proposal provides a variety of unit sizes and floor plans, and therefore complies with this standard. d) The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of 9 feet or greater; extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the intent of this standard. P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 10 A floor plan has been submitted which indicates the units will contain the following features: ceiling heights of 9 feet, built-in cabinetry, decorative wooden moldings and window casings, tile flooring, except for the bedroom which will be carpeted, 7' high windows, multi-pane windows, wooden bi-fold doors for the closets, and space saving washer and dryers. The proposal provides the desired features described in this standard, and therefore complies with this standard. e) The development provides common areas and/or amenities for residents sUch as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. The proposal provides a common area consisting of an interior courtyard with a lap pool. The lap pool will need to comply with the Palm Beach County Health Department requirements for commercial pools. It is noted that a 4' high fence must be installed around the pool. These items will be further addressed with the site plan submittal. Although this is only one of the above mentioned amenities, the development will contain either 6 or 9 residential units. Given this limited number, the one amenity is considered appropriate in meeting this standard. f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The proposal provides convenient access to the public sidewalk system, and access to the parking area which minimizes conflicts with pedestrians, however additional sidewalk width has not been provided. The area on the north side of the building where the sidewalk is to be increased is to accommodate handicapped accessibility around the existing guy wire. The portion of N.E. 1st street adjacent to this development will be enhanced through the installation of 5 parallel parking spaces and 3 landscape nodes (The parking is being installed to assist in addressing the parking deficiency of this development). In order to obtain substantial compliance with this standard, street lights and paver block sidewalks similar to those provided on Atlantic Avenue, must be installed adjacent to this development. g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 11 As previously stated this development has an insufficient number of on-site parking spaces. To address this deficiency, an in-lieu fee will be provided and 5 parking spaces installed within the N.E. 1st Street right-of-way (public right-of- way). As these spaces are located in the public right-of-way, they cannot be regulated by the property owner. While provisions have been made for public parking, these spaces have not been provided in addition to the spaces reo. uired. Thus, this standard has not been met. h) Projects fronting on Atlantic Avenue, N.E. 1st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. The nonresidential ground floor space has ceilings not less than ten (10) feet in height. At least fifty percent (50%) of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The mixed use (office/residential) scenario, provides nonresidential uses on the ground floor along 4th Avenue and for a portion of 1st Street. The nonresidential space will be at least 10 feet in height and 50% of the walls facing the streets will contain windows. The portion of the proposal facing N.E. Ist Street contains 50% nonresidential use (west building) and 50% residential use (east building). As the proposal only contains a portion of nonresidential on the ground floor, this standard has only been partially met. Under the second scenario (9 unit apartment building), this standard will not be met. Based upon the above, the proposal meets four standards, and partially meets two others. With provision of street lights and paver blocks within the N.E. 1st Street and N.E. 4th Avenue rights-of-ways compliance with 5 of the 8 standards would support the incremental increase above 30 units per acre for Scenario #1. Compliance with the limited (4) number of performance standards does not appear to support a further increase to 45.45 units per acre as requested under Scenario #2. Further, providing the 9 units does not accommodate a parking space per unit, as only 6 spaces can be accommodated on-site. Given these factors, Scenario #2 should be denied pursuant to LDR Section 4.4.13(I)(1) in that it is not compatible in terms of the intensity of use with the surrounding development, and does not comply with the performance standards. Community_ Redevelopment A_oency: At its meeting of June 25, 1998, the Community Redevelopment Agency Board reviewed and recommended approval of the conditional use request. They felt this was the type of development that is encouraged in the downtown area. P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 12 Downtown Development Authority: At its meeting of June 15, 1998, the DDA reviewed the request. The DDA had concerns with the installation of parallel parking spaces along the one-way by-pass system. They felt the vehicles maneuvering to enter the parallel spaces would impede the flow of traffic. They also has concerns with the lack of on-site parking and the percentage of required parking provided under the in-lieu option. ParkinCJ Management Advisory E~oard; At its meeting of June 23, 1998, the Parking Management Team reviewed and recommended approval of the installation of 5 parking spaces in the N.E. 1st Street right-of-way. They recommended approval of the payment of the in-lieu parking fee over a 5 year period provided that full payment of 2 of the spaces ($12,000) be provided at the time of City Commission approval of the in-lieu parking fee agreement, and that if the installation of the parking spaces along 1st Street is less that $6,000 per space, that the difference for those spaces be provided as part of the in-lieu fee. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised in this staff report and address technical comments previously transmitted to the applicant. Courtesy Notices: Courtesy notices have been provided to the following civic associations: Q Chamber of Commerce Q Presidents Council Q PROD (Progressive Residents of Delray) Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. A letter of objection from an adjacent property owner is attached. Additional letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The development proposals to accommodate either a mixed use development of 2,400 sq.ft, office and 6 apartment units, or 9 apartment units, is consistent with Chapter 3 of the Land Development Regulations, and the policies of the Comprehensive Plan. Positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made for Scenario #1 as the development will enhance the area and will encourage redevelopment. The increase in density over 30 units per acre is to be based upon the P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 13 ability to meet the performance standards in Section 4.4.13(I), and the Land Development Regulations. In review, the proposal meets four standards and with provision of street lights and paver blocks within the N.E. 1st Street and N.E. 4th Avenue rights-of-ways compliance with 5 of the 8 standards would support the incremental increase over 30 units per acre for Scenario #1. Compliance with the limited number of performance standards does not appear to support a further increase to 45.45 units per acre as requested under Scenario #2. Further, providing the 9 units does not accommodate one on-site parking spaces per unit. The commercial component of the mixed use development should be limited to office and/or retail. Any conversion to a more intense nonresidential use (restaurant, night club) or increase in the number of units/density under either scenario, must be processed as a conditional use modification. 1. Continue with direction. 2. Recommend approval of the Conditional Use request for Villas Delray (Scenario #1) based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings) and Section 4.4.13(I) (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions, and recommend denial of Scenario #2, based upon a failure to make positive findings with respect to Section 4.4.13(I) (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations. 3. Recommend approval of the Conditional Use request for Villas Delray (Scenario #1 and #2) based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings) and Section 4.4.13(I) (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 4. Recommend approval of the Conditional Use request for Villas Delray (Scenario #2) based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings) and Section 4.4.13(I) (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions, and recommend denial of Scenario #1, based upon a failure to make positive findings with respect to Section 4.4.13(I) (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations. 5. Recommend denial of the Conditional Use requests for Villas Delray (Scenarios #1 and #2), based upon a failure to make positive findings with respect to Section 4.4.13(I) (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations. P & Z Board Staff Report Villas Delray - Conditional Use Approval Page 14 By Separate Motions: A. Recommend to the City Commission approval of the Conditional Use request for Villas Delray (Scenario) #1) based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings) and Section 4.4.13(I) (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions: 1. That the approval be for a mixed use development consisting of 2,400 sq.ft. of office and 6 apartments (does not include Scenario #2, 9 units); 2. That 5 parallel parking spaces and associated landscape nodes along the south side of N.E. Ist Street be installed prior to issuance of a Certificate of Occupancy; 3. That along N.E. 1st street and 4th avenue, street lights and paver block sidewalks similar to those on Atlantic Avenue be provided; 4. That prior to issuance of a building permit, an in-lieu parking fee payment agreement and acceptance of the installation of the 5 parallel parking spaces within N.E. 1st Street be approved by the City Commission; and, 5. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations. B. Recommend to the City Commission denial of the Conditional Use request for Villas Delray (Scenario #2), based upon a failure to make positive findings with respect to Section 4.4.13(I) (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations. Attachments: Sketch/Site Plan Building Elevations r-i Floor Plan LAW OFFICES MACMILLAN & STANr'LEY DELRAY BEACH, FLORIDA 33483 TELEPHONE (561) 276-6363 FACSIMILE (561) 276-8881 CAROL MACMILLAN STANLEY July 14 , 1998 BOARD (~,ERTIFIED BY FLORli3A BAR NEll E, MACMILLAN tN WILLS, TRUSTS AND ESTATES. 1918'1996 F~EAL PROPER3'Y LAW. City of Deiray Beach t00 N.W. 1s: Avenue Delray Beach, FL 33444 At,n: Planning and Zoning Board Re: %98-183 Gentlemen and Ladies: I am the owner of lot 20. Nell MacMillan, my mother, owns lots 19 and 18 which contains 48 private parking spaces. I own (with other family members) the property where Washington Mutual is located. I wish to go on record that we object to your waiving parking requirements for any developme8t located in this area. I% is impractical for us to hire a parking attendant to k'e'ep trespassers out of the parking lots which we control. I keep reading articles about the shortage of parking, yet nothing is done to relieve the sinua~ion. ~t~ project and the other pendino project on lots 16 and 17 are going to cause a huge amount of disruption to an already uenuous parking situation. I was told there was no plan to increase Dubiic parking in this area. When my mother's parking lots are blocked off, downtown business customers are irrate! They do not want to park blocks away. When is there going to be a sensible plan ~o handle this growth? v==~= ago, when the public found in difficult to park, the malls were built, i predict that the pendulum will probably swing back and malls will again become popular unless business owners are able 5o provide their own parking spaces. Don't create a total mess on N.E. Fourth Avenue! Yours very truly, Carol MacMillan'stanlJy smc / .,,, J U L 6 Silbers .in Architects 299 West Gaming Gardens Blvd. Boca Raton, Florida 33432 Tel: 561-362-8263 Fax: 561-362-7274 Project: '" ^ Villas D e lray REQUEST FOR ADDITIONAL INFORMATION July Bt.h, 1998 FOR ANALYSIS OF CONDITIONAL USE REQUEST BY: D. GROVE DECORATIV~ IRON WINDOW GRILL WORK ~ ~ PROPER'Pt' UNE ~.-~- . -- .., :-% ~..,~-....... , ..... , , , , , . ..... ~.~.. .......... .. -~- ~ _,.._ ~"~ / .. .r . . ' ' -- % ~ FINISHED FL~OR LEVEL ~ ' ~ 7~ THAN SIDEWALK ' ~1 [ Ile, re"ill ,, ' BUILT--IH / J "'- ....... ' :"~"~ H i~-' .' .- - . ~rmG. i SPACE SAVING · i PROVID[D ~Y RENTER / CARFET FLOORING i / IN B~BROOM " ~COVERED PORCH -- -- : -- WOODEN BI-FOLD "', r., APT. A .uL,~-,..E ,,.~,,,, LAP Guess ooo~s 'r~r.~ u.rr ~" HIGH MIN. CrlUHG HEIGHT ' POOL · , \ / SCALE 1/8"= 1'-0" TYPICAL APARTMENT UNIT UPDATED 6/25/98 FIN ISH MATERIALS 08 17'98 09:45 "~4073fi27274 SILBERSTEIN ARCH ~001 Silberstein Architects International ~ Wear Oe~'tino Qa~:lone ~oulevm~:l, ~uito 206 Boca Ralon, Rorida 33432 T~ 561,362,8263 Fax 561,362,7274 License ARO013424 DATE: ,*~UGUST 17, 1008 TO: MR, DAVID I-LadR.DY.N CITY MANAGER DELRAY BEACH, FL. FROM: JEFFREY SILBERSTEIN RE: CONDITIONAL USE REQUEST VILLAS DELRA¥ VIA: FAX DEAR MR. HARDEN: Pl I~A~ IRK AI3VIRI~.I% THAT %V]~ 1~17C/1 ~ITRT TO 14AVF;. TI4E. A~IOVE ~ONED PROJECT POSTPONED TO THE NEXT AGENDA COMMISSIOM MI~TING ON SEPTEMBER 15, 1998. DLrE TO UNFORSEEN CIRCUMSTANCES I WILL BE OUT OF TOWN ON AUGUST 18, 1998 SINCERELY, MEMORANDUM TO: _~YOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~- REGUIJIR MEETING OF AUGUST 18, 1998 CONDITIONAL USE REQUEST/VlLI_~S DELI~IY DATE: AUGUST 14, 1998 Attached is a request from the applicant asking for an additional postponement of this item until the September 15th regular meeting. Recommend Commission consideration. ref:agmemol2 Silberstein Architects International 299 Wesl Camino Garder~s Boulevard, Suite 206 Boca Raton, Rodda 33432 Td 561.36L:NI263 Fax 561.362,7274 License AR0013424 DATE: AUGUST 13, 1998 TO: IVIR. DAVID }-[ARD~ ~ ,2 :'~'~ ~ CITY MANAGER DELRAY BEACH, FL. FROM: JEFFREY SllBERSTED4 RE: CONDITIONAL USE REQUEST VILLAS DELRAY VIA: FAX DEAR MR. HARDEN: PLEASE BE ADVISED THAT WE REQUEST TO HAVE TRE ABOVE MENTIONED PROJECT POSTPONED TO THE NEXT AGENDA COMMISSIOM M~ETING ON SEPTEMBER 1~'. 1998. DUE TO UNFORSEEN CIRCUMSTANCES I WII. L BE OUT OF TOWN ON AUGUST 18, 1998 JEFF Y SE. BE , .I.A. CC: PAUL DORLING MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF AUGUST 18, 1998 CONDITIONAL USE REQUEST/VILLAS DELRAY DATE: AUGUST 12, 1998 This is before the Commission to consider a request for conditional use approval to establish a residential density in excess of 30 units/acre within the Central Business District (CBD) for Villas Delray, a development proposal involving two potential scenarios. The subject property is located at the southeast corner of N.E. 4th Avenue and N.E. 1st Street. The two development scenarios are as follows: Scenario I proposes a mixed use development consisting of six (6) apartment units and 2,400 square feet of office space, at a density of 30.3 units/acre; and Scenario II proposes a residential development where the 2,400 square feet of office space is converted to 3 one bedroom units for a total of nine (9) apartment units, at a density of 46 units/acre. The Planning and Zoning Board considered the conditional use request at a public hearing on July 20, 1998. Some concerns were expressed about the ability to accommodate on-site parking for the project, especially with respect to Scenario II. After discussion, the Board voted 6 to 1 (Schwartz dissenting) to recommend approval of the conditional use request for Scenario I, based on positive findings and subject to conditions (1) through (6), inclusive, set forth in the attached staff report. The Board then voted 6 to 1 (Schwartz dissenting) to recomment denial of the conditional use request for Scenario II, based upon a failure to make positive findings. Recommend approval of the conditional use request for Villas Delray (Scenario I), based on positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) (Required Findings) and Section 4.4.13(I) (Performance Standards) of the Land Development Regulations, and the policies of the Comprehenaive Plan, subject to the conditions recommended by the Planning and Zoning Board. Recommend denial of the conditional use request for Villas Delray (Scenario II) based upon a failure to make positive findings with respect to LDR Section 4.4.13(I) (Performance Standards) and LDR Section 2.4.5(E) (5) (Required Findings). ref:agmemol2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~'- REGULAR MEETING OF AUGUST 4, 1998 CONDITIONAL USE REQUEST/VILLAS DELRAY DATE: JULY 31, 1998 This is before the Commission to consider a request for conditional use approval to establish a residential density in excess of 30 units/acre within the Central Business District (CBD) for Villas Delray, a development proposal involving two potential scenarios. The subject property is located at the southeast corner of N.E. 4th Avenue and N.E. 1st Street. The two development scenarios are as follows: Scenario I proposes a mixed use development consisting of six (6) apartment units and 2,400 square feet of office space, at a density of 30.3 units/acre; and Scenario II proposes a residential development where the 2,400 square feet of office space is converted to 3 one bedroom units for a total of nine (9) apartment units, at a density of 46 units/acre. The Planning and Zoning Board considered the conditional use request at a public hearing on July 20, 1998. Some concerns were expressed about the ability to accommodate on-site parking for the project, especially with respect to Scenario II. After discussion, the Board voted 6 to 1 (Schwartz dissenting) to recommend approval of the conditional use request for Scenario I, based on positive findings and subject to conditions (1) through (6), inclusive, set forth in the attached staff report. The Board then voted 6 to 1 (Schwartz dissenting) to recomment denial of the conditional use request for Scenario II, based upon a failure to make positive findings. Recommend approval of the conditional use request for Villas Delray (Scenario I), based on positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) (Required Findings) and Section 4.4.13(I) (Performance Standards) of the Land Development Regulations, and the policies of the Comprehenaive Plan, subject to the conditions recommended by the Planning and Zoning Board. Recommend denial of the conditional use request for Villas Delray (Scenario II) based upon a failure to make positive findings with respect to LDR Section 4.4.13(I) (Performance Standards) and LDR Section 2.4.5(E) (5) (Required Findings). ref:agmemol2 David J. Ross 348 South Ocean Blvd. D¢lray B~ach, Florida 33483 Phone (561) 278-7916 Fax (561) 243-6879 September 15, 1998 Mayor Jay Alperin City of Delray Beach 100 N.W. First Ave. Delray Beach, F133444 RE: Support for the Proposed Project by Jeff Silverstein on N.E. Fourth Avenue. Dear Mayor Alperin, We strongly support Mr. Silverstein's project of mixing office and residential, and feel the use of in-lieu parking is a reasonable request. The in-lieu fees seem to be a good way to provide funding for future parking so that our downtown is not all asphalt. We are grateful for your support for residential use for our Huber Drug Building. The residential use seemed appropriate because there is abundant public parking on the block. Thank you for your assistance. David Ross Stephanie Ross RECEIVED CITY CLERK ,, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ' ~ SUBJECT: AGENDA ITEM # ~C - REGULAR MEETING OF SEPTEMBER 15, 1998 CONDITIONAL USE REQUEST/PRESIDENTIAL AUTO LEASING & SALES, INC. DATE: SEPTEMBER 11, 1998 This is before the Commission to consider a request for conditional use approval to establish a full service vehicle repair facility in conjunction with Presidential Auto Leasing & Sales, Inc. The subject property is located at the southeast corner of South Federal Highway and Avenue "L" (former Delray Isuzu dealership) and is zoned AC (Automotive Commercial). Conditional use approval is required for the vehicle repair component since Presidential Auto does not technically meet the definition of a full service auto dealership (i.e. no franchise for new auto sales). A waiver to LDR Section 4.4.10(G) (4) (a) is also needed to allow the repair function to be re-established in existing bays since it is located within 100 feet of a residentially zoned lot. Please refer to the attached staff report for additional background and analysis of the request. The Planning and Zoning Board considered the conditional use request at a public hearing on August 17, 1998. There was no public testimony. After discussion, the Board voted unanimously to recommend approval of the waiver request and the conditional use request with certain revisions to the recommended conditions of approval. Recommend approval of the waiver request from LDR Section 4.4.10(G) (4) (a), "Location Restrictions", to allow the repair facility to be located within 100 feet from a residentially zoned lot based upon positive findings pursuant to LDR Section 2.4.7 (B) (5) . Recommend approval of the conditional use request for the establishment of a full service vehicle repair facility for Presidential Auto Leasing and Sales, Inc. with the exception of a body shop and paint booth, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to the conditions recommended by the Planning and Zoning Board. ref:agmemol2 TO: DAVID T. HARDEN CITY MANAGER DEPARTMENT OF PLANNING ANDZONING FROM: ~ ~~T ~fiKS~NER SUBJECT: MEETING OF SEPTEMBER 15, 1998 CONDITIONAL USE REQUEST TO ESTABLISH A "FULL SERVICE VEHICLE REPAIR" FACILITY FOR PRESlDENTAL AUTO LEASING AND SALES, INC. TO BE LOCATED AT THE SOUTHEAST CORNER OF AVENUE "L" AND FEDERAL HIGHWAY AT THE FORMER SITE OF DELRAY ISUZU The site (FNA Delray Isuzu) currently contains a 3,750 sq.ft, structure, 38 parking spaces, bull pen parking area, and associated landscaping. The structure contains a showroom, offices, and repair facility. Delray Isuzu recently sold the subject property to Presidential Auto Leasing & Sales, Inc. which is not a licensed dealership, however functions much the same. Vehicle repair is allowed in the AC (Automotive Commercial) district as either an accessory use to a full service auto dealership or as a Conditional Use when not associated with an auto dealership. As Presidential Auto does not technically meet the definition of a full service auto dealership (i.e. no franchise for new auto sales) the associated auto repair can only be established through the Conditional Use process. In addition, a waiver to LDR Section 4.4.10(G)(4)(a) to allow the repair facility to be located within 100' from a residentially zoned lot is requested. (NOTE: The repair function is to be re-established in existing bays by the new owner). Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of August 17, 1998, the Planning and Zoning Board held a public hearing in conjunction with the Conditional Use request. No one from the public spoke on this item. After reviewing the staff report, the Board discussed the conditions of approval and changed condition (a) to extend the wall to the zoning line (instead of 40'), and (c) to allow the applicant to modify the landscape plan by processing it through SPRAB. City Commission Documentation Meeting of September 15, 1998 Presidential Auto Leasing - Conditional Use Request Page 2 By separate motions, the Board voted 6-0 to recommend to the City Commission: 1. Approval of the waiver request from LDR Section 4.4.10(G)(4)(a) Location Restrictions to allow the repair facility to be located within 100' from a residentially zoned lot based upon positive findings pursuant to LDR Section 2.4.7(B)(5); and 2. Approval of the request for Conditional Use approval for the establishment of a full service vehicle repair facility for Presidential Auto Leasing and Sales, Inc. with the exception of a body shop and paint booth based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: a) That a Class I site plan modification be processed indicating the extension of the wall along the south property line to the zoning line, and that the rear of the walls be painted to match the building prior to the issuance of an occupational license for the repair facility. b) That the full service vehicle repair facility be operated by Presidential Auto Leasing and not leased-out to another party for its operation. c) That the landscaping be reinstated as previously approved on the original landscape plan prior to issuance of an occupational license for the repair facility or process a revised landscape plan through the Site Plan Review and Appearance Board. By separate motions: 1. Approve of the waiver request from LDR Section 4.4.10(G)(4)(a) Location Restrictions to allow the repair facility to be located within 100' from a residentially zoned lot based upon positive findings pursuant to LDR Section 2.4.7(B)(5). 2. Approve the Conditional Use request for the establishment of a full service vehicle repair facility for Presidential Auto Leasing and Sales, Inc. with the exception of a body shop and paint booth based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Attachments: · P&Z Staff Report and Documentation of August 19, 1998 PLANNING AND ZONING BOARD CITY OF DELR Y BEACH ---STAFF REPORT--- MEETING DATE: August 17, 1998 AGENDA ITEM: ITEM: Conditional Use Request to Allow Full Service Vehicle Repair for Presidential Auto Leasing and Sales, Inc., Located at the Southeast Corner of South Federal Highway and Avenue L (Formerly Delray Isuzu Dealership). '- - GENERAL DATA: Owner ............................. J. Gusto Enterprise, Inc. Applicant ......................... Presidential Auto Leasing & Sales, Inc. Agent .............................. Robert A. Eisen, Esq. Location .......................... Southeast corner of South Federal Highway and Avenue L. Property Size .................. 0.97 Acre Future Land Use Map ..... General Commercial Current Zoning ...............AC (Automotive Commercial) Adjacent Zoning .... North: PC (Planned Commercial) East: RM (Medium Density Residential) South: PC & RM West: PC Existing Land Use ..........Existing building formerly used as a car dealership (Delray Isuzu). Proposed Land Use ........ Principle use shall be the sale or lease of new and used automobiles with the accessory use of vehicle preparation with a Conditional Use Request to allow full service repair of vehicles. Water Service ................. Existing on site. Sewer Service ................Existing on site. III.E. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a "full service vehicle repair" facility for Presidential Auto Leasing and Sales, Inc., pursuant to LDR Section 2.4.5(E). In addition, the applicant is requesting a waiver from LDR Section 4.4.10(G)(4)(a) to allow the repair facility to be located within 100' from a residentially zoned lot. The subject property is located at the southeast corner of Avenue "L" and Federal Highway and is the former site of Delray Isuzu. The .97 acre property consists of Lots 40-54, Block 32, Del Raton Park plat. At its meeting of November 13, 1984, the City Commission via Ordinance #82-84 annexed the subject property, and via Ordinance #83-84 approved an initial zoning of SAD (Special Activities District), Conditional Use, and Site Plan approval for the Delray Isuzu dealership. The parcel remained SAD until it was rezoned to AC (Automotive Commercial) with the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990. On June 25, 1992, the City Commission denied a request for a rezoning from RM (Multiple Family Residential) to CF (Community Facilities) and conditional use for a privately operated parking lot (i.e. bullpen parking for the expansion of the dealership) onto Lots 55-58 (directly east of the subject property). The denial was based on a failure to make positive findings with respect to the rezoning findings, compatibility issues, policies in the Comprehensive Plan and that automobile dealerships are not an allowed use in the CF zone district. In 1997, a site plan modification was processed to allow the addition of a canopy to the rear of the structure. The site currently contains a 3,750 sq.ft, structure, 38 parking spaces, bull pen parking area, and associated landscaping. The structure contains a showroom, offices, and repair facility. Delray Isuzu recently sold the subject property to Presidential Auto Leasing & Sales, Inc. which is not a licensed dealership, however functions much the same. Vehicle repair is allowed in the AC district as either an accessory use to an auto dealership or as a Conditional Use when not associated with an auto dealership. As Presidential Auto does not technically meet the definition of an auto dealership (i.e. no franchise for new auto sales) the associated auto repair can only be established through the Conditional Use process. Planning and Zoning Bo,,,d Staff Report Conditional Use Approval - Presidential Auto Leasing and Sales, Inc. Page 2 The conditional use request is to establish a "full service vehicle repair" facility for Presidential Auto Leasing and Sales, Inc. The repair facility is to be located in the rear (east) of the structure and will occupy the same space as previously approved with Delray Isuzu. The east elevation currently contains two overhead bay doors. There are no upgrades or changes to the site being proposed at this time. 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 zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of General Commercial (GC) and a zoning designation of Automotive Commercial (AC). The zoning district is consistent with the GC Future Land Use Map designation and "Full Service Vehicle Repair" is listed as a Conditional Use in the AC district [LDR Section 4.4.10 (D)( 7)]. 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. Presidential Auto wishes to continue the same uses that were previously approved with Delray Isuzu, therefore, no changes or impacts on the level of service standards will be realized with this development proposal. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in 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. Planning and Zoning Bo..J Staff Report Conditional Use Approval - Presidential Auto Leasing and Sales, Inc. Page 3 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies was found. Future Land Use Element - Policy A-2.4.' Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. 2) Automobile dealerships shall not locate and/or expand in the following areas: · Within the CBD zone district; · West side of Southbound Federal Highway between George Bush Boulevard and SE 10th Street · East side of Federal Highway, between George Bush Boulevard and he north property line of the Delray Swap Shop/Flea Market Property; · On properties fronting George Bush Boulevard, east of Federal Highway; However, on the east side of Federal Highway, south of NE 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4) Automobile Dealerships shall be directed to the following areas: · North of George Bush Boulevard, between Federal and Dixie Highways: · East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; · South of Linton Boulevard between Federal Highway and Dixie Highways; · Between the one-way pairs (Federal Highway), from SE 3rd Street to SE 10th Street; and from NE 5th Street to George Bush Boulevard; · On the north side of Linton Boulevard, between 1-95 and SW 10th Avenue and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. Planning and Zoning Bo.., d Staff Report Conditional Use Approval - Presidential Auto Leasing and Sales, Inc. Page 4 This policy applies to the establishment of new dealerships, expansion of existing dealerships, and the establishment of stand alone auto repair facilities. This request will not involve a stand alone repair facility but is associated with an accessory use to the Presidential Auto Leasing use. While not technically a repair facility associated with a full service dealership it will function as such. Given the request is to reestablish a similar use that has occupied the site for many years the intent of the policy is maintained. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The proposed use is bordered on the north by PC (Planned Commercial) zoning across Avenue L, on the east by RM (Multiple Family Residential) zoning; on south by PC zoning and RM zoning, and on the west by PC zoning, across Federal Highway. The existing land uses are: to the north Delray Shopping Center; to the east vacant residentially zoned property; to the south Boca Isles Condominium and Pelican Harbor Shoppes; and to the west is vacant PC zoned property. There are no compatibility concerns noted with the adjacent commercial uses. Compatibility with respect to the repair facility adjacent to the residential zoned properties is discussed below under the waiver request. WAIVER TO LDR SECTION 4.4.10((G)l.4)(a): Pursuant to LDR Section 4.4.10(G)(4)(a) Location Restrictions: Within the AC zone district, repair facilities and paint and body shops shall be located at least 100 feet from any residentially zoned lot. Service bay doors shall not be oriented toward any adjacent residentially-zoned property, except where currently existing, nor oriented toward any adjacent public street unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not feasible to comply. RM zoning abuts the subject property along the east property line and along a portion of the south property line. The repair facility will be located further than 100' from the Planning and Zoning Boa, d Staff Report Conditional Use Approval - Presidential Auto Leasing and Sales, Inc. Page 5 east property line where it abuts vacant residential zoned lots and 15' from the south property line where it abuts Boca Isles Condominium (a residentially zoned lot). The overhead bay doors do face the adjacent residential zoned property, however they are existing. The applicant is requesting a waiver from the requirement that the repair facility be located a minimum of 100' from any adjacent residentially zoned property based on the site being zoned and designed for an automobile sales and service which was approved prior to the enactment of Section 4.4. l O(G)(4)(a). Prior to granting a waiver, the Board shall make a finding that the granting of the waiver: a) Shall not adversely affect the neighboring area; b) Shall not significantly diminish the provision of public facilities; c) Shall not create an unsafe situation; or, d) Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The request involves the re-establishment of a repair facility and does not affect the provision of public facilities or create an unsafe situation. The repair facility while located within 15' of property zoned residential, is separated from the nearest residential use (Boca Isles Condominium structure) by approximately 200'. As this adjacent development is built-out, a 200' separation from the residential use will be maintained. Further, within this 200' is located the condominiums parking lot, landscape strips (buffers) containing mature landscape material, and a 6' high concrete block wall that provides the residential structures with physical and visual protection. The wall however stops short of the rear of the structure where the repair facility is to be located. If the waiver is granted, it would be appropriate to require an extension of the wall approximately 40' further to the west (along the south property line) to adequately screen the repair facility area. Also, the rear of the wall along the east property line needs to be repainted to match the building, as it looks unsightly and is very visible from the adjacent right-of-way. In addition, given the proximity of the auto repair use to residential property, the more intense elements of vehicle repair i.e. body shop and paint booths should not be allowed as part of this vehicle repair Conditional Use. The granting of the waiver will not result in the granting of a special privilege as the request does not involve the establishment of a new repair facility, but would allow the continuation of a repair facility that has existed for approximately 15 years. Staff is unaware of any problems or complaints associated with the repair facility from the adjacent residents. Based on the above, staff supports the waiver request. Planning and Zoning Bo~.,d Staff Report Conditional Use Approval - Presidential Auto Leasing and Sales, Inc. Page 6 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: As mentioned earlier in this report, no upgrades or changes to the site are proposed at this time, however landscape deficiencies exist. The Landscape Inspector recently conducted a site visit and noted that the new owners have removed 12 trees and mowed over existing groundcover beds. In addition, the site contains dead or missing landscape materials which must be reinstated as approved on the original landscape plan. This also includes the resodding of areas including the right-of-way where the grass has died or is weed infested. Reinstating the landscaping as shown on the originally approved plan has been attached as a condition of approval. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: If Conditional Use approval and the waiver is granted, a Class I site plan modification must be submitted providing for the extension of the wall along the south property line. Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations which have requested notice of developments in their areas: · Tropic Bay Condominium Association · Tropic Harbor Condominium Association · Tropic Isles Homeowners Association · Pelican Harbor Homeowners Association · Pelican Pointe Condominium Association · PROD Planning and Zoning Bo,~,d Staff Report Conditional Use Approval - Presidential Auto Leasing and Sales, Inc. Page 7 I The proposed conditional use is for the establishment of a "full service vehicle repair" facility for Presidential Auto Leasing and Sales, Inc. and a waiver request to allow the repair facility to be reestablished within 100' of a residentially zoned lot. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties once the wall is extended and the landscaping is reinstated and Section 2.4.7(B)(5) (Wavier Finding). A. Continue with direction and concurrence. B. Recommend approval of the Conditional Use and waiver request for Presidential Auto Leasing and Sales, Inc., based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility), Chapter 3 (Performance Standards), and Section 2.4.7(B)(5) (Waiver Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use and waiver requests for Presidential Auto Leasing and Sales, Inc. based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Section 2.4.7(B)(5) (Wavier Findings). By Separate Motions: 1. Recommend approval of the waiver request from LDR Section 4.4.10(G)(4)(a) Location Restrictions to allow the repair facility to be located within 100' from a residentially zoned lot based upon positive findings pursuant to LDR Section 2.4.7(B)(5). Planning and Zoning Board Staff Report Conditional Use Approval - Presidential Auto Leasing and Sales, Inc. Page 8 2. Recommend approval of the request for Conditional Use approval for the establishment of a full service vehicle repair facility for Presidential Auto Leasing and Sales, Inc. with the exception of a body shop and paint booth based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: a) That a Class I site plan modification be processed indicating the extension of the wall along the south property line approximately 40' to the west, and that the rear of the walls be painted to match the building prior to the issuance of an occupational license for the repair facility. " b) That the full service vehicle repair facility be operated by Presidential Auto Leasing and not leased-out to another party for its operation. c) That the landscaping be reinstated as previously approved on the original landscape plan prior to issuance of an occupational license for the repair facility. Attachments: Location Map and Sketch Plan DELRA Y KIA CURLEW ROAD ~ A LA--MAT AVENUE DELRA Y TOYOTA DRIVE: MORSE SA TURN HYACINTH DRIVE DUMAR MOBILE PLAZA EASTVlEW HOMES VILLA GE IRIS DRIVE SHERWOOD HONDA DELRA Y SHOPPING JASMINE DRIVE MOBILE CENTER HOMES LINDELL ~VARD AVENUE L C,I~N~L. POINT N. PELICAN HARBOR BOCA ISLE THE SHOPPES CONDO POINT TROPIC ISLE DR. PELICAN POINTE CITy PRESIDENTIAL AUTO c,T~ or oEL.^¥ ~E^G~, ~ (FORMERLY DELRA¥ ISUZU DEALERSHIP) PLANNING & ZONIN6 DEPARTMENT -- OICITAL ~.A~E I~P S~l'~'i,,~ ---- MAP RE'F: LM269 TO: DAVID T. HARDEN THRU: DIANE DOMINGUEZ, DIRECTOR ~ DEEARTMENT OF PLANNING ANg ZONING FROM: J~t::NET MEEKS, SENIOR PLANNER SUBJECT: MEETING OF SEPTEMBER 15, 1998 CONDITIONAL USE REQUEST TO ALLOW WITHIN THE OSSHAD DISTRICT A MIXED-USE DEVELOPMENT CONTAINING MORE THAN ONE RESIDENTIAL UNIT WITHIN A MIXED USE STRUCTURE, AND TO ALLOW THE OWNER THE ABILITY TO LEASE THE COMMERCIAL AND RESIDENTIAL SPACES TO PARTIES THAT ARE NOT OWNERS OF THE PROPERTY NOR PROPRIETORS, OR EMPLOYEES OF THE BUSINESS FOR A PROJECT KNOWN AS THE LLOYD HASNER OFFICE The properties are located on the south side of Martin Luther King Jr. Drive (NW 2nd Street), between Swinton Avenue and NW 1st Avenue. The development proposal involves the construction of a mixed-use development on each lot (mirror image) consisting of 2,600 sq.ft, office space on the first floor to be subdivided into two leasable spaces, two 1,300 sq.ft. residential units on the second floor (total 2,600 sq.ft.); and installation of 9 parking spaces and associated landscaping. The owner is requesting conditional use approval to allow two residential units (versus one which is allowed as a permitted use) within the mixed-use structures on the second floors. Conditional Use approval is also sought to allow the residential use to be other than that provided in Section 4.4.24(C)(2), that the residence is occupied by someone not connected to the business or owner of the parcel. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 20, 1998, the Planning and Zoning Board held a public hearing in conjunction with the review of the Conditional Use. No members of the public spoke on this item. After reviewing the staff report, the Board voted 6-0 to recommend to the City Commission approval of the Conditional Use requests. By motion: 1. Approve the Conditional Use request to allow more than one residential unit in a mixed-use structure [REF: Section 4.4.24(D)(1)] for Lloyd Hasner Office based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. 2. Recommend approval of the request for Conditional Use to allow an absentee landlord situation as allowed under Section 4.4.24(D)(2) for Lloyd Hasner Office based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following condition that a site plan be processed that is in general conformance with the sketch plan and addresses the concerns noted on Page 7 of the P&Z Staff Report. Attach ments: · P&Z Staff Report and Documentation of August 17, 1998 PLANNING AND ZONING BOARD CITY OF DELR Y BEACH ---STAFF REPORT--- MEETING DATE: August 17, 1998 AGENDA ITEM: m.F. ITEM: Conditional Use Request to Allow Two Mixed Use Developments, Each Composed of Two Apartment Units and Office Use, and where the Residence or Business is Not Occupied by the Owner of the Parcel, Nor the Owner, or Employees of the Business, Known as the Lloyd Hasner Delray Office, Located on the South Side of Martin Luther King Jr. Drive (N.W. 2nd Street), Between Swinton Avenue and N.W. 1st Avenue. TRINITY L A K E [ D A R O A D ~.~. CA SON METHODIST CHURCH Owner/Applicant ............. Lloyd Hasher Agent .............................. Cotleur & Hearing, Inc., ,..~. ~,~ s,. .~:E. ~o sT~3.r_ Donaldson Hearing '~/ ~ Location .......................... South side of Martin Luther King Jr. ~ ,., Drive, between Swinton Avenue and z N.W. 1st Avenue. Property Size .................. 0.46 AcreEZ]iF---1 l A TTORNE~ >~:F~< FutureLandUseMap ..... OtherMixedUse II II~ulLD~c Current Zoning ............... OSSHAD (Old School Square Historic .^RT,. ~UT.~ ~,.~ ~R. 0....E. ~.O ~T. Adjacent Zoning .... North: OSSHAD East: OSSHAD South: OSSHAD c/r~ West: CF (Community Facilities) ~ ~ ~ Existing Land Use .......... Vacant Lots , ~.w. ~sT s_~.. ~.~. Proposed Land Use ........ Conditional Use requests to allow more than one residential unit within the mixed-use structure, and to allow CENTER the owner the ability to lease the -- ~ _ commercial and residential spaces to TENNIS OLD parties that are not owner of theSTADIUM tlltiV1SDUARESCHOO1 [T~'"T property nor proprietors or employees A L A N TI C A V E N U E II1'~ of the business. -- Water Service ........ n/a. sou,'~---]~-~'~[-'~-~ ......... COUN .y I<1 r t ! J<l I t Sewer Service ................ n/a.HOU: c°ur'~lC-~r---] ~ ~- III.F. The action before the Board is making a recommendation to the City Commission on Conditional Use requests to establish mixed-use developments containing more than one residential unit within a mixed use structure, and to allow the owner the ability to lease the commercial and residential spaces to parties that are not owner of the property nor proprietors or employees of the business for a project known as the Lloyd Hasner Office. The subject properties (Lot 1 and 9, Block 59) are located on the south side of Martin Luther King Jr. Drive (NW 2nd Street), between Swinton Avenue and NW 1st Avenue. The vacant properties involve Lots 1 and 9, Block 59, Town of Linton Plat, each containing .23 acres. The lots are separated by an existing paved north/south alley. The parcels were zoned RO (Residential Office) until they were rezoned to OSSHAD (Old School Square Historic Arts District) with the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990. At its meeting of December 3, 1997, the Historic Preservation Board approved a duplex project on Lot 1 (SE corner of Martin Luther King Jr. Drive and NW 1st Avenue) known as the Westrock Courtyard Homes. That project was never built, and a new developer has purchased Lot I and the adjacent Lot 9 to construct two mixed use buildings, one on each lot. The development proposal involves the construction of a mixed-use development on each lot (mirror image) consisting of the following: · 2,600 sq.ft, office space on the first floor to be subdivided into two leasable spaces; · Two 1,300 sq.ft, residential units on the second floor (total 2,600 sq.ft.); and · Installation of 9 parking spaces and associated landscaping. Pursuant to LDR Section 4.4.24(C)(2) within the OSSHAD zone district, on a parcel that has as its principal use a non-residential use (i.e. office), there may be an accessory use of one single family residence, either within a separate structure or within a structure housing a non-residential use, provided that one of the situations exists: Planning and Zoning ~Jard Staff Report Conditional Use Approval- Lloyd Hasner Office Page 2 a) The residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property; or, b) The business is owned, or operated, by the owner of the parcel; or, c) The residence is occupied by the owner of the parcel. Within the OSSHAD zone district the following Conditional Uses are allowed: · Section 4.4.24(D)(1), the existence of more than one residential use on the parcel upon which there is mixed use (residential and non-residential usage). More than one residential unit may be located within a mixed use structure. · Section 4.4.24(D)(2), on a parcel that has as its principal use a non-residential use, residential use which occurs other than as provided for in Subsection (C)(2). The owner is requesting conditional use approval to allow two residential units (versus one as allowed as a permitted use) within the mixed use structures on the second floors. A Conditional Use approval is also sought to allow the residential use to be other than that provided in Section 4.4.24(C)(2), that the residence is occupied by someone not connected to the business or owner of the parcel. On Lot 1, it is the owner's intent at this time to conduct his business (Castle Florida Building Corporation) in a portion of the office space, and one of the partners will occupy one of the residential units. This situation currently meets the intent of the code, however the owner would like to have the flexibility in the future to lease and or sell the mixed use development to someone who might not meet this criteria. As the mixed use development on Lot 9 is a stand alone development, it will be occupied by someone that does not meet this criteria. The owner is requesting Conditional Use approval for both properties at this time. REQUIRED FINDINGS: (Cha.oter 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. Planning and Zoning _ Jard Staff Report Conditional Use Approval - Lloyd Hasner Office Page 3 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 OMU (Other Mixed Use) and a zoning designation of OSSHAD (Old School Square Historic Arts District). The zoning district is consistent with the OMU Future Land Use Map designation. Allowing more than one residential unit in a mixed use structure, and to allow the owner to lease the commercial space and residential space to parties that are not owners of the property nor proprietors or employees of the business are listed as Conditional Uses in the OSSHAD district [LDR Section 4.4.24 (D)(1) and (2)]. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: To date no water and sewer plans have been submitted, however, the following is noted: Water service is available to the sites via a 6" water main located in NW 2nd Street, and 8" water mains located in NW 1st Avenue and the north/south alley. [] Sewer service is available to the sites via 8" sewer mains located within NW 2nd Street and the north/south alley. Adequate fire suppression is provided to the sites via a fire hydrant located at the northeast corner of NW 1st Avenue and NW 2nd Street, and a fire hydrant located on the east side of NW 1st Avenue approximately 230' from the subject properties. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these level of service standards. Drainage: Paving and drainage plans are not required for the conditional use analysis. Drainage can be accommodate via an exfiltration system or sheet flow into swales located in the sodded areas. If the conditional use request is approved, a paving and drainage plan must be submitted with the site plan. Planning and Zoning _ Jard Staff Report Conditional Use Approval - Lloyd Hasner Office Page 4 Streets and Traffic: At its meeting of December 5, 1995, the City Commission adopted the City's TCEA (Traffic Concurrency Exemption area) designation, which encompasses the CBD, CBD- RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes, however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The applicant has submitted a statement which indicates that each mixed-use development will generate 75 average daily trips per building (2 units x 7trips/unit = 14 and 2,600 sq. ft. office space x 24.61 trips per 1,000 sq.ft. = 64 trips for a total of 75 ADT). Parks and Open Space: Park dedication requirements do not apply for nonresidential uses i.e. office space. The proposed 4 residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, 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 issuance of building permits for each unit. Thus, an in-lieu fee of $2,000 will be required of this development. Solid Waste: The proposal calls for 5,200 sq.ft, of office space and 4 residential units. Trash generated each year by the proposed office space is 13.52 tons of solid waste per year, and trash generated by the 4 units is 3.2 tons of solid waste per year for a total generation of 16.72 tons of solid waste per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in 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. Planning and Zoning..)ard Staff Report Conditional Use Approval - Lloyd Hasner Office Page 5 FUTURE LAND USE ELEMENT: Objective A-l: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. The subject properties are vacant lots that have no physical features that require special consideration. The construction of mixed use developments supports the "Purpose and Intent" section of the OSSHAD which is to provide for mixed uses of residential, office, and commercial activities. Compatibility is discussed under the "Required Findings" section of this report. Policy C-3,3: Alleys located within the Old School Square Historic District on either side of the Swinton Avenue shall remain and be made available for access to abutting properties. Accordingly, these alleys shall not be abandoned to private interests. An existing paved north/south alley runs between the two lots. The developments will take access from the alley, thereby meeting the intent of the above policy. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The proposed developments are bordered by the OSSHAD zoning district to the north, east, and south; and CF (Community Facilities) to the west. The existing land uses are: to the north and east single family residences; to the south by a single family residence and business office; and to the west, City Hall Parking lot. The "Purpose and Intent" section of the OSSHAD states this is to be a mixed use district which is to provide for mixed uses of residential, office, and commercial activities. However, this is allowed as a permitted use only if the residence is occupied by the owner, proprietor, or employee of the business; the business is owned or operated by the owner of the parcel; or the residence is occupied by the owner of the parcel; or if a conditional use is granted to provide otherwise. Planning and Zoning Jard Staff Report Conditional Use Approval - Lloyd Hasner Office Page 6 Accommodating Mixed Use (residential and non-residential) has been one of the most controversial matters discussed throughout OSSHAD's history. While mixed use within a structure is acceptable, the consensus has been that there should be some limits or controls requiring a relationship between the tenant(s) and other non-residential uses on the site. This relationship has been based upon concerns that absentee landlords equates to poorer maintained properties. Adequate safeguards and avenues to require proper maintenance of property currently exists. The City requires landlords to register their units with the City providing needed information and control over tenant occupied/absentee owner properties. Both owner and non-owner occupied properties are subject to the same code enforcement efforts including the ability to clean up a property and place a lien for the value of the work on the subject property. Other than the issue that the owner occupied unit would be more aware of any problem (without notification), the responsibility to maintain properties and the mechanism to obtain compliance should properties not be maintained are the same. It is noted that since this section of the code was written (8 years ago), the City has recovered from the blight and economic stagnation that it experienced in the pass decade and property maintenance has become less problematic relating to absentee ownership. In response to this trend, in 1993 the language allowing the absentee ownership by Conditional Use was added to the code to provide more flexibility. Mixed use developments are encouraged in the adjacent CBD district as a permitted use without regard to the number of residential units nor the connection between the occupants of the commercial or residential space and the property ownership. Castle Florida is a local business that intends to have owner interest in both properties. The developments will be a major improvement to the OSSHAD. Mixed use developments are encouraged and are a development pattern occurring in and around the area. The development will be an inducement for the upgrading of nearby properties. Given the above, the proposed use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which has been reviewed by staff. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following "Items of Concern" have been identified and are discussed below. Planning and Zoning _ Jard Staff Report Conditional Use Approval - Lloyd Hasner Office Page 7 LDR Chapter 4.6 Su.Dplementary District Reo_ulations: Right-of-Way Dedication: Currently NW 1st Avenue contains a 40' right-of-way and is required to have 60'. The additional right-of-way is to be provided or a reduction must be requested. It is noted that a reduction in right-of-way was granted with the previous approval of the Westrock Courtyard Homes. Frontage: Pursuant to LDR Section 4.$.4(E)(2) frontage is the shortest property line adjacent to a public street, except for property lines which abut an arterial or collector street, in which case the lot along said street shall be deemed to be the frontage. Based upon this requirement, Lot l's frontage would be NW 2nd Street as it is a City Collector having a higher road classification than NW 1st Avenue. The site design for Lot I orientates the front of the development to NW 1st Avenue with a 25' front setback and a 15' side street setback from NW 2nd Street. Thus, to maintain this design a limited access easement running along the north property line must be provided. With respect to Lot 9 both abutting streets (NW 2nd Street and Swinton Avenue) are city collectors. Since the shortest property line is adjacent to Swinton Avenue it would be considered the frontage and the project is designed as such. Bike Rack: Pursuant to LDR Section 4.6.9(C)(1)(c)(3), bicycle parking facilities shall be provided by a fixed or stationary bike rack for any non-residential use within the City's TCEA. The subject property is located within the TCEA area, and a bike rack must be provided. Sidewalk: Pursuant to LDR Section 6.1.$(B)(1), a 5' wide sidewalk is required within the rights-of-way adjacent to the properties. A sidewalk exists along NW 2nd Street and Swinton Avenue, however no sidewalk exists along NW 1st Avenue and one must be provided. Community Redevelopment Agency: At its meeting of July 23, 1998 the CRA (Community Redevelopment Agency) unanimously recommended approval of the development proposal. Historic Preservation Board: At its meeting of August 5, 1998, the Historic Preservation Board reviewed the Conditional Use request and voted 5-0 to recommend approval of the conditional use to allow more than one residential unit in the same structure as the mixed development. Planning and Zoning _ .~ard Staff Report Conditional Use Approval - Lloyd Hasner Office Page 8 The Board noted concerns with the request to allowing an absentee landlord situation and discussed alternatives such as condominiumizing a residential unit with the office space or a restriction on the landlord permit. No formal action was taken on this part of the Conditional Use request. Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: A courtesy notice has been provided to the Old School Square Homeowner's association. The development proposal includes two separate Conditional Use requests to allow for more than one residential unit in the mixed use structures and to allow the owner the ability to lease the commercial space and residential space to parties that are not proprietors or employees of the business or owners of the land. There are no concerns noted with the request for multiple units in the mixed use development. The current proposal meets the intent of the code for Lot 1. However, the applicant is seeking Conditional Use approval for both lots to allow flexibility in the future should he desire to sell the property. If the conditional use is granted and the owner sells the properties in the future, adequate regulations exist through Code Enforcement actions should any maintenance problems arise. The proposed Conditional Use requests are consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. A. Continue with direction and concurrence. Planning and Zoning Board Staff Report Conditional Use Approval - Lloyd Hasner Office Page 9 B. Recommend approval of the requests for Conditional Use approval for Lloyd Hasher Office, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use request for Lloyd Hasner Office based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). -~ By Separate Motions: 1. Recommend approval of the request for Conditional Use to allow more than one residential unit in a mixed use structure [REF: Section 4.4.24(D)(1)] for Lloyd Hasner Office based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan. 2. Recommend approval of the request for Conditional Use to allow an absentee landlord situation as allowed under Section 4.4.24(D)(2) for Lloyd Hasner Office based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following condition: a) That a site plan be processed that is in general conformance with the sketch plan and addresses the concerns noted on Page 7 of this report. Attachments: · Location Map · Sketch Plan MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~.~ SUBJECT: AGENDA ITEM 7~' - REGULAR MEETING OF SEPTEMBER 15, 1998 REQUEST FROM EPOCH FOR USE OF FUNDS FOR SPADY HOUSE DATE: SEPTEMBER 11, 1998 Attached is a request from Mrs. Farrington on behalf of EPOCH asking for release of the remainder of the initial planning funds to help with up front expenses for the Spady House renovation. In April of 1997, the City and the CRA contributed $10,000 each to the Spady House effort for planning services and to make it possible to apply for a grant. The grant was applied for and the CRA is the grant recipient for a State Historic Preservation grant in the amount of $150,000. Of the initial $20,000 start-up money, there is a balance of $5,000 ($2,500 from the City and $2,500 from the CRA). I should point out that EPOCH submitted a request at the August 25th budget workshop for funding assistance in the amount of $20,000 for FY 1999. They acknowledged the balance of $2,500 from the City and suggested that it be used as part of the funding request. The Commission supported EPOCH's suggestion and directed that additional funding in the amount of $17,500 be allocated to the Spady House, so that the total sum available for FY 1999 would be $20,000. If the Commission wishes to approve the current request from EPOCH, we will decrease the FY 1999 funds to $17,500. Recommend consideration of EPOCH's request. ref:agmemoll 310 N.W. 2nd Avenue Delray Beach, Florida 33444-2722 Future Home of S.D. Spady Cultural Arts Museum EPOCH HISTORICAL ORGANIZATION August 19,1998 Mr. David Harden, City Manager E Delray Beach, Fl 33444 Expanding Dear Sir: We checked with the finance department today and found out that a balance of five & thousand dollars of the money allocated to EPOCH by the city and CRA for planning have not been used. EPOCH is asking that you please allow us to use this money to help with the expenses in the initial stages of the renovation of the Spady house. This would m/nimi~,e the use of the grant money. P Preserving Thsnk_ you for your consideration of the nmtter and a prompt reply. O EPOCH I-fistorical Organization Our c Cultural H Heritage MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lvI3~AGER~ SUBJECT: AGENDA ITEM~"~/'- 'REGULAR MEETING OF SEPTEMBER 15, 1998 REQUEST FOR SUPPORT/SPEED RESTRICTIONS ON THE INTRACOASTAL WATERWAY SOUTH OF THE LINTON BRIDGE DATE: SEPTEMBER 11, 1998 Attached is a correspondence from Maureen Turner, 1012 Del Harbour Drive, expressing her concerns about nuisance and safety problems with speeding boats on the Intracoastal Waterway in the area south of the Linton Boulevard bridge. She asks that proper signage be placed on the north side of Linton bridge to indicate "No wake - No speeding", and that this signage also be continued into Boca Raton's limits. The establishment and enforcement of speed restrictions are under the jurisdiction of the Florida Marine Patrol. If the Commission wishes to support Ms. Turner's request, a resolution can be sent through the County to the Florida Department of Environmental Protection asking for additional restrictions. I recommend that we prepare a resolution asking Palm Beach County to request that FDEP have the Marine Patrol do a study to evaluate the request and see if new or additional speed restrictions might be warranted in this area of the Intracoastal Waterway. ref:agmemo23 Maureen Turner lO12 Del Harbour Drive Delray Beach, Fl. 33~83 May 23, 1998 Tel. # ~61 27~ 4665 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Fl. 331:~?: Re: Intracoastal Water~ay Nuisance & Safety Problem Dear Mr. Harden: Reference memo from John W~lker, Project Coordinator thr.u Diane Dominguez~ Director of Planning & Zoning, dated October 15, 1996, copy attached~ please be advised of the following: The attached signatories of homeowners who live between Spanish River Blvd and the LintouBridge needs to be addressed by the City Cow. mission. The issue of safety on the Intracoastal waterway must be revisited. Directly south of the Lintm Bridge on the east side of the waterway, there is a very, very, active canal which leads to six (6) new homes with boatowners. In addition this canal serves as an entryway for other homeowners off the AIA and Del Harbour Drive who have occupied this area for a much longer period of time. We request a RESOLUTION from the City Commission to the FDEP so that the safety and quiet enjoyment of our homes is ensured. As you are well aware, in the past year there have been two horrendous accidents on the Intracoastal waterwayS one directly north of Delray involving the loss of life due to speeding and one in Ft. Lauderdale which also involved the loss of 3/4- businessmen. We live with this fear everyday. We are also sure that the Commission will agree that manatees are NOT AWARE of north or south of the Linton Bridge when it comes to speeding jet skis~ cigarette boats or pleasure craft and since the manatees are endangered and do swim in the area directly south of the LintmuBridge~ we speak for them. The__issue that the Marine Patrol has only four officers to patrol this area does not speak to the issue of safety when they are NOT in the are~, ,which is MOST of the time. The proper signs placed at the south end of the Spanish Ri~er Bridge and at the North of the Linton Brid~e would clearly tell boaters "no wake~ no speediug". We then in the compromised area would enjoy the same safety as others ~ ~ Delray Beach. The issue of the Marine Patrol would then be moot. Mr. David T. Harden -2- May 23~ 1998 Please direct all correspondence to Maureen Turner at the address listed previously. We believe that the efforts of the City Commission will be very worth- while and give to all homeowners in Delray Beach a feeling that their voice is being heeded. Your cooperation~ consideration and immediate attention would be appreciated. Ver~ truly yours~ uree~ Turner P.S.: Since Bo~a Raton has addressed the issuer we have been left as probably the only area where "It's O.X. to Do ~o,.ur ThinE"! We want action and safety also. Delray Beach Police Department AII-AmedcaCity (561) 243-7888 Fax (561) 243-7816 ]993 MEMORANDUM TO: David T. Harden, City Manager (~ / FROM: Richard G. Overman, Chief of Police DATE: September 10, 1998 SUBJECT: LETTER FROM MAUREEN TURNER I tried to personally contact Ms. Turner on the telephone on this date; however, I spoke with her husband in reference to this particular problem. I i@formed him that the City of Delray Beach has no jurisdiction to change any of the rules with regard to speed and wake in the intracoastal waterway. I advised Mr. Turner that the Florida Inland Navigational Distdct in Tallahassee was the appropriate governing agency and that the City, through our Volunteer Marine Patrol and with the help of Paul Dorling in City Planning, have had conversations with Tara Alfred of that office and we have been told that they will not change the speed of our wake zone. It also must be noted that from the C-15 canal south to the Spanish River bridge is not in the city of Delray Beach. Our Volunteer Marine Patrol is aware of the problem in that area and we have made an effort to try and change the situation prior to receiving Ms. Turner's letter. We will continue to monitor as well as we can through our Volunteer Marine Patrol; however, unless the signage is changed through the appropriate agency, there is very little we can do to change the situation. RGO/ppt ~ 100 N.W. Ist AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/2'43-7000 Ail-America City October 21, 1996 Ma~een T~er 1012 Del H~bor Drive Delray Beach. Florida 33444 Dear Ms. Turner: In response to your inquiry at the October 1, 1996 City Commission meeting concerning the allowable speed for boats in the vicinity of the Linton bridge on the intracoastal waterway the City staffdid contact the appropriate state agencies. Enclosed is a copy of a memorandum explaining what we learned through our contacts. If you have additional questions or would like to discuss this matter further, I would suggest that you call Mr. John Walker directly. You can reach him at 243-7321. Sincerely, i."i - David T. Harden City Manager DTH/dr Encl. : . 'i '";--- ' " ,1 ~ '" - ; , !.,,. ' i -,: .-;, Maureen.ltr waterway speeds PLANNING AND ZONtlNG DEPARTMENT MEMORANDUM TO: David ~a~den, ~city Manager , THRU: Diane uon~ngaez, u~rector of ~an~nmg and Zoning CITY M~,,'"?.'" '~¢~:~. Coordinator FROM: John Walker, Project ,.--~., DATE: October 10, 1996 SUBJECT: COMMENTS FROM THE PUBLIC OCTOBER 1, 1996 CITY COMMISSION MEETING This refers to the comments by Ms. Maureen Turner relative to speed restrictions in the Intracoastal Waterway. C[~rrent speed restrictions in the City are: · Slow speed (5-7 miles per hour) within 50 feet of each shoreline. · 25 miles per hour in the rest of the waterway, including the channel. The above are manatee protection areas. In addition, idle speed zones exist within one-quarter mile either side of the madna at George Bush Blvd., and the Delray Harbor Club. The idle speed zones were established for safety reasons related to fueling operations. Neither of these zones include the Linton Blvd. bridge or the reach south of it. Establishment and enforcement of speed restrictions are under the jurisdiction of the FIodda Madne Patrol. To establish new or extended speed restrictions, there must be navigational safety reasons such as fueling operations, intersecting channels, and limited visibility A procedure has been established to request additional restrictions, whereby the City Commission could send a resolution through the County to the Flodda Department of Environmental Protection (FDEP). The Madne Patrol (a division of FDEP) would evaluate the request relative to navigational safety. Since there do not appear to be sufficient safety issues to warrant additional restrictions, such a request would not be likely to receive a favorable recommendation. In confirming the above information with the Madne Patrol, an additional fact came to light. There are only four officers to patrol the Intracoastai Waterway between the south county line ~nd the Port of Palm Beach. With so few officers, enforcement of even the existing speed restrictions is difficult. S:~adv\FMP1 . LOlllSlO'n takes life 'Of bO t r': '. :: '~:.- ~,~. ~ ..: fishn , th fhend inlntraCo t ..".~,.. '~.: ~:. By C.RON ALLEN' :" ;.' ,}~ , . '~d VANESSA BAU~ . .-~ : · Staff W~ ,'~nd s~nt l~t ~a~g ~ ~e h~pi~l ~th a ~ ~on. y~r ~ and ~ fa~y pla~ to make up for it. -. :~/ :..' ~, A do~ relativ~ we~ ~t~, clung ~me who had flo~ here from Kentu~ for the hoHday.';.' ' '~ But a boating acciden~ claimed Townsend's life early Wednesday -mo~g when a f~g ~p with ~t f~ Stephen Hatcher, 42, of ~ke Wo~ ended ~ a head-on co~- sion ~ ano~er smaa ~g ~at. ..... Hatcher '~iv~. T~ o~e~ . cap~ ~out serous ~j~es. To~ ~ - send, 40, was own~ of T~ Dive ~ar- ..... - - · ~m ~ Boston BeacE , ....... "'.' ' ' Townsend and Hatcher; both Ii- -, ' .- . · . ;; ........ ... _ ~ ~at cap~, went out togeth- · ' - ' ' ' ..] er 0ft~ on the ~tracoas~ Wate~ay ~ ~'", · .."~-:'~ ';' ~';~:~toca~hsn~k.'~ey were~ To~- -- .' ' "?'" ~nd's new ~at, ~e Pe~can I, when -the a~ident occ~ showy after 1 a.m.' on ~e ~tracoas~l near Oc~ , Toad's ~e, Te~, who ran.~e &ye c~er b~ s~y~ home prepa~g ThaWing .... ~er. ~ 5-year;old daughter, S~- ny, w~ W go out on the ~at her father when he ldt on Tuesday eve~g but s~y~ home W help her mo~er bre~ bea~ for ~ ~an~- ' ~v~g meal, Te~ said. Tow~end ~d b~n a ~ve boat ca~ ~ for 12 yea~. ..... ~e ~ean was our''Me,'' Te~'~id, "We lov~ and r~p~t~ i~ ~ony] was the b~t boat capta~ you'll ever s~. I don't ~ow how daddy's ~l ~ going to PLEASE SEE ACCIDENT / 15B [ITY OF 13ELAI:IY BEI:IrH DEI. RAY BEACH 100 N.W. 1st AVENUE · DELRAY FLORIDA 33444 · 243-7000 BEACH, (561 ) Ail-America City TO: David T. Harden City Manager 993 FROM: r~Robert A. Barcinski Assistant City Manager DATE: September 10, 1998 SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING SEPTEMBER 15, 1998 APPROVAL SPECIAL EVENT - VISIONS OF PERFECT HARMONY ACTION; City Commission is requested to endorse the 10th Annual Visions of Perfect Harmony Festival to be held on October 2nd and 3rd, and to authorize the use of the Tennis Stadium, small city stage, barricades, and to provide other City services as needed at no charge. BACKGROUND: The organizers of this event are, again this year, proposing the use of the Tennis Stadium for a free Gospel Concert on Friday evening from 7:00 p.m. - 9:00 p.m. The festival will be held on October 3rd in the CRA parking lot on N.E. 1st Avenue from 4:00 p.m. - 10:00 p.m. Use of the small stage is requested for Saturday's activities. The stage can be set up and taken down during regular work hours on Friday and Monday. Barricades will be needed to block off the CRA parking lot. The barricades can be dropped off on Friday and set up by the event organizers. Trash pick up and clean up will be handled by event volunteers. The bus drop off area will be on N.W. 1st Avenue by the CRA parking lot. Police Department does not anticipate a need for their assistance for this event. Other costs associated with this event are as follows: Tennis Stadium rental and utilities $3,000 Stage rental $ 265 Barricade rental $ 50 Regular hours $ 200 The event organizers are requesting all services and use of City facilities and equipment at no charge. RECOMMENDATION: Staff recommends approval of the event, and use of the Tennis Stadium, small stage and barricades at no charge. ¢ RAB/tas cc: Lt. Mark Davis Joe Weldon Charlotte Durante Paul Felsberg File:u:sweeney/agenda Doc:harmon.d~c ~Pr/ntedonFlecycledPaper THE EFFORT ALWAYS MATTERS ~.~,. UUl ~[UG 2 ~ 1~9~ ~I i-~Ji 600 North Congress Avenue, Suite 560 [ ~ I Delray Beach, FL 33445 : Pe h umbrella Plaza Association lnc, Executive Committee: ~ a Non-Profit Organization 8-25-98 TO: ROB~.RT TO I-IANDLE. Shirley Bryant Co-Chairman Seabron A. Smith August 24, 1998 R F C) E I V E D Co-Chairman Mayor Jay Alperin, City Commissioners and City Manager ~UG 2 5 1998 Charlotte G. Durante City of Delray Beach President & Founder 100 NW 1~t Avenue ASSISTANT CITY MANAGER Delray Beach, FL 33444 Sheila Banks Entertainment Dear Mr. Mayor, Commissioners and City Manager Lori J. Durante The Peach Umbrella Plaza Association Inc. is requesting approval for the tenth annual Planning Visions of Perfect Harmony Festival We would like to hold this event on Friday and Saturday, October 2 & 3, 1998 at the Historic Delray Green Market parking lot located at 24 Paul Felsberg North Swinton Avenue in Delray Beach, Florida. The main purpose of this event is to Operations highlight the multi-cultural diversity of Delray Beach, FL USA. It is the "perfect harmony" of those cultures working together which made Delray Beach a winner of the All-America Marjorie Ferrer City Award. As in previous years, the festival is a part of the city's Heritage Month Delray Beach activities. Downtown Joint Venture Admission to the two-day festival will be free to the public and will include a Gospel Clarence Jones Concert on Friday evening, October 2, from 7:00 p.m. to 9:00 p.m. On Saturday, Creative Design October 3, the festival will be held from 4:00 p.m. to 10:00 p.m. The festival will include a cultural mix of arts and crafts, food and music with information booths and other activities Dorothy Josey for all ages to enjoy. Community Relations In addition, on Saturday, a trolley tour will be available for people to see and learn about Art NeJame local sites of historic significance in the African American Community. This tour is being Finance coordinated by the Board of Education. Some of the sites which will be a part of the festival tour will include the Mt. Olive Baptist Church, St. Paul AME Church, the Frances J. Bright Bill Milner site, the S. D. Spady house, and the Susie Williams house and others. Marketing Development Proceeds will benefit the T.E.D. Center's Youth Entrepreneurship Program (TEDYEP). Jayne King Marketing & Fundraising Thank you for your consideration and for your continued support of this community event. Please call me if you have any questions. Lisa Bright Sincerely, r-~ Media Relations Sincerely, Minerva Wilson ~0~~ ~. ~I.._~ Project Administrator Seabron A. Smith ' Co-Chairman Co-Chairman Clayton Bell 561-265-3790 561-276-8873 Entertainment Visions of pe ct HarmonY FeStival De lray Beac& FlOrida OCtOber 2 & 3, 1998 lily UF I]ELAI:IY BEI:I[H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 243-7000 (561) AII-AmedcaCity TO: David T. Harden City Manager 1993 l?jC),l~obert A. Barcinski FROM: ~ Assistant City Manager DATE: September 10, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 1 Ii, 1998 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for October 22, 1998 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6 (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, N.E. 2nd Avenue from Atlantic to just north of the entrance to Palm Beach Photographic; and from the eastside of Venetian to the westside of Andrews Avenue~to provide staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, and use and set up of City stages. BACKGROUND Attached is a request for City assistance for this event from Marjorie Ferret. The estimated overtime cost for this event is $9,000. City Commission capped the amount the City would pay for overtime at $7,500 for the last two (2) events. Actual overtime costs for last October's event were $9,165. A copy of the certificate of insurance is attached. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $7,500 for overtime costs with any difference to be paid by the Joint Venture, and require a hold harmless agreement in the format prepared by the City Attorney's Office. RAB/tas File:u:sweeney/agenda Doc:09 f 098a. doc THE EFFORT ALWAYS MATTERS ~' /~/ ' 09/10/1998 13:05 5612780555 DB CHAMBER CONHERCE PAGE 02 September 2, 1998 ~r. Robert A. B~arcinski, ^$sistant City m~nagor City of Delray Beach 100 N.W, 1" Avenue Delray Beach, FL 33444 RE: AGENDA ITEM.- FOR CITY COMMISSION ME. ETIN~ SPE(~IAL EVENT REQUE.~;T - ART & JAZZ ON THE AVENUF Dear Mr. Barcinski: City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, October 22, 1998 and to grant a temporary use permit per LDR'S section 2.46(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: - Swinton Avenue to 7"` Avenue - South side of Atlantic from 7"' to just past the Blue Anchor Pub. - East Atlantic Avenue from the east side of Venetian to the west side of Andrews, leaving the southern lane of Atlantic open to the west side of Salina, (this was done for Summer Nights on August 14th) - Railroad Way from Atlantic Avenue to N.E. 1't Street - N.E. 2"d Avenue from Atlantic Avenue to the entrance of Palm Beach Photographic. Closure will be from 6:00 p.m to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, stage use setup and removal, and banners and signage setup and removal. The City support of this event, with no charge to the Joint Venture, is crucial to our success and is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator DELl[AY BEACH JOINT V~NI-dl~ - Community Redevelopm~mt Agency · D~lray Beach Chamber of Commereocc - Downtown Development Authodw 154 ~; £ Fifth AYenue. Delray Beach, FL 33455 - Tel; $61~278~0424 · Fax: 561-278-0555 September 2, 1998 Mr. M.E. Deputy, Vice President-Transportation Florida East Coast Railway Company One Malaga Street P.O. Box 1048 St. Augustine, FL 32085-1048 Dear Mr. Deputy: Once again we are asking for your assistance as the Downtown Joint Venture holds its Art and Jazz event in the City of Delray Beach on October 22, 1998. This event closes off the street to vehicular traffic on Atlantic Avenue from Swinton Avenue to S.E. Third Avenue by the SunTrust Bank, from 6:00 p.m. to 11:00 p.m. This encompasses the area east and west of the FEC railroad tracks. To ensure the safety of the public we are requesting that during this event the Florida East Coast Railway Company agree to slow down the train speed to 20 MPH over the Atlantic Avenue crossing from 6:00 p.m. until 11:00 p.m. Please arrange to have a representative of your Police & Special Services Department present at this event. Lt. Barios usually works with us at this intersection and we are again requesting his presence. We would appreciate a confirmation of the above request. As usual, your cooperation is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator /sk / cc: v/Robert A. Barcinski Lt. Mark Davis, Police Department DELRAY BEAClt JOINT VENTURE ° Community Redevelopment Agency · Delray Beach Chamber of Commerence · Downtown Development Authority 64 SE. Fifth Avenue, Delray Beach, FL 33483 - Tel: 561-278-0424 · Fax: 561-278-0555 06/01/98 15:59 FAX 15612765244 pL{__S_TRID,.~..E.. ONLY AND CONFERS NC RIGHT~ U~CN THE C~TIFICAT~ The ~las~ridge AgencZ, Inc. H~I. THIS C~RT;~i~T~ DC~ NOT AMEND, E~O OR P. O. Drawer 730 ALTE~ THE COVE~GH A~FOROED BY THE 9~ES BELOW. Delray Beach FL 33447 COM~A~ES AFF~OING COV~GE Th~s E. L~ch IN$~ COMPANY Do~to~ Delta7 Beach Jo~n~ ~ Ven~e c 64 S.E. 5th Avenue · couP~Y Delray Beach FL 33444 ~ D ~.. : ======================== ~.~.::':.~:: :.:::. ~,;.'~:~ ::.::~ ~:~.? ::~/¥?; ~:::.~::/..' ..: '~.?~?: ~5 ~S TO CERTI~ ~AT ~E POL~C1ES OF INSU~N~ UST~D BELOW HAV~ ~E~N I~U~D 70 THE IN~UR~D NAMED A~C~ FOR T~E ~iC'/~RIOD ~NDICAT~D. hO~I~STANDING ANY R~QUIRE~NT. ~M OR CONDITION 0~ ANY CON~CT OR O~R DOCUMENT WJ~ ~ESPECT C~RT~tCA~ M~Y BE ISSUE~ OR MAY ~RTA~N, ~E ~NSURANC~ AFFORDED BY THE ~MC~S DESC~tSED HEREIN I$ 3U~ECT T0 ALL ~a TERMS, ~XcLUsl0NS AND CONDITION8 OF SUCH ~LICIES. LIM~ SHOWN MAY HAVE ~EN R~UC~D BY PAiD CO } ~CY ~ J~Y ~lTlOW LT~ ~ TYf[ ~ I~U~CE ~UCY N~ DATE ~Y) DA~ ~ ~ Z } co~;~o~u~u~ CLS420~16 01/23/9E 01/23/99 ~o~=~-co~./o~a [~~ , zoooooo ~ COM~N~ ~G~ L~IT ANY AUTO ~A~ O~ED AUTOS ~ ~V ~URy HIRED AUTOS j NO~NED AUTOS ~ ~ iP~ ' ~AG~ U~ ~ AUTO ONLY - /- - -- $ U~I~Y O~r~[~ ~: ~cL .._ ~ ~ · ~ ~0~ ~ert~ica~a Holda= n~ed aa Add~b~o=al Ins~ed ~ S~er Nighs Ci~7 of Delray Beach ~T ~ TO M~L ~H ~O~~ NO ~O~T~N OK U~UTY Delray B~ach ~L 3]444 =~;..~.~. ~_ . ........ : ......... [ITY OF [IELRI:IY BEI:I£H DELRAY BEACH 100 N.W. lstAVENUE · DELRAY BEACH, FLORIDA33444 ° (561) 243-7000 AII-AmericaCity 1993 10: David I. Harden City Manager FROM: /~ Robert A. Barcinski lTM Assistant City Manager DATE: September 10, 1998 SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING SEPTEMBER 15, '1998 APPROVAL SPECIAL EVENT - HARVEST FEST ACTION: City Commission is requested to endorse the 11th Annual Harvest Fest to be held November 14th and 15th, to grant a temporary use permit per LDR's section 2.4.6(H) for the closure of Atlantic Avenue from the intracoastal to A-l-A, to waive LDR's sign provisions section 4.6.7(D)(3)(j)(ii) to allow event signage more than one week before the event, to provide City services as requested, and to share in the overtime costs 50~50. BACKGROUND: City Commission is requested to endorse the event and provide City services as requested for security, barricade set up, permit processing, trash pick up and event signs installation. Overtime will be needed for security, barricade set up and removal, and trash pick up. The estimated overtime cost for the event is $3,500. In addition, to overtime costs other costs that would not be charged are as follows: Regular Hours $ 660.00 Barricade Rental $ 150.00 Staff has expressed some concern about closing Atlantic Avenue from the intracoastal. RECOMMENDATION: Staff recommends approval of the event, the temporary use permit, the sign waiver, staff support requests, and sharing in the overtime costs 50/50 in an amount not to exceed $1,500 for the City's share. RAB/tas F ile:u:sweeneylagenda Doc:harvest2..doc ~ Printedon Recycled Paper THE EFFORT ALWAYS MATTERS ?. ~ . The GREATER DELRAY BEACH Chamber of Commerce August 18, 1998 Honorable Mayor Jay Alperin and City Commissioners City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor and City Commissioners: The Greater Delray Beach Chamber of Commerce is organizing the 11th Annual Harvest Fest '98 scheduled to be held on November 14 and 15, 1998. We are proud of this event as it grows and improves each year. To ensure this event's success we are requesting assistance from the City. Please consider the following items: 1. Endorsement by the City Commission; 2. Use of the public streets and public parking facilities in and around the event site for vendor set- up, parking, etc.; 3. Blocking off Atlantic Avenue from the east side of the Intracoastal bridge to A1A. We request City staff to prepare a detour route and make the necessary application to Florida Department of Transportation (FDOT); 4. Provide City staff support to the Planning Committee as necessary with assistance from, but not limited to, Police, Fire, Streets, Engineering, Community improvement, Parks, and City Manager's Office; 5. Allow this to be the only Commission approved event during these two days. Allow all vendor permits to be assigned by the Chamber of Commerce only; 6. Permission to erect signs promoting the event from October 23 through November 17, 1997; 7. Provide limited City staff support before the event for marking streets (Police Dept.) and during the event for street closing (Public Works Streets & Traffic) and garbage removal (Parks & Rec. Dept.). We request the City to share the cost of these overtime services 50/50 with the Chamber of Commerce. We are aware of the Commission's effort to assist community non-profit organizations and will attempt to provide these groups with any fund raising opportunities. We sincerely appreciate all of the efforts of the City employees and look forward to a great Harvest Fest in 1998. We hope each of you will be a part of the festivities. Yours truly, William l. W~od President cc: David Harden, City Manager Bob Barcinski, Asst. City Manager Greater Delray Beach Chamber of Commerce, Inc. 64-A S.E. Fifth Avenue, Delray Beach, Florida 33483 c am e e,r eac .com Chamber Accredited by United States Chamber of Commerce [ITY OF I)ELAAY BEACH DELRAY BEACH I AVENUE · DELRAY FLORIDA 33444 · 243-7000 00 N.W. 1 st BEACH, (561 ) AIl-AmericaCity 1993 TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBIECT: Agenda Item City Commission Meeting September 15, 1998 Special Event Request - Holiday Pageant Parade DATE: September 10, 1998 Action City Commission is requested to endorse the Annual Holiday Pageant Parade to be held on December 12, 1998, to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and right of way, and to provide staff support for traffic control, barricades set up and take down, and clean up. Background We have received a request from William Wood, President of the Chamber of Commerce on behalf of the Delray Beach Jaycees to conduct the Annual Holiday Pageant Parade on December 12, 1998 and to provide City support in obtaining the D.O.T. permit, provide police assistance, provide assistance for barricade set up and take down, and clean up assistance. A copy of the parade route is attached. Estimated overtime for the event is about $3,000. Recommendation Staff recommends approval of the event, the temporary use permit, and providing staff support for traffic control, barricade set up and removal, and clean up. Staff also recommends consideration of a waiver of the overtime costs up to 50%. RAB:tas File:u:sweeney/agenda Doc:Pageant.09~ THE EFFORT ALWAYS MATTERS ~Printodon~qocyclodPapo, AUG lZ1998 ASS I S TAf'-:, T CITY MANAGER DELRAY BEACH Chamber of Commerce A~gust 10, 1998 Mr. Dave Harden City Manager 100 NW 1st Avenue Delray Beach, FL 33444 Dear Dave: The Chamber will be working with the Delray Beach Jaycees again this year to conduct the annual Holiday Pageant Parade. Along with the Jaycees, we would like to contract with the City to organize and carry out the annual Holiday Pageant Parade which is scheduled for December 12, 1998. The parade should begin promptly at 6:00 p.m. Also, would you ask the Engineering Department to apply for the D.O.T. permit, "Request for Temporary Closing of State Road." We have already sent our normal letters to the Coast Guard and to the FEC with information on the parade. We will shortly submit the parade permit to the Police Department. We appreciate the cities assistance in defraying some of the costs of this activity. The Jaycees will submit the request for the $3,000 before the event so they can pay the bands earlier this year. As always, thank you for the cities outstanding participation and help in making these events run smoothly and successfully. Sincerely, President hpharden · Greater Delray Beach Chamber of Commerce · 64 SE 5th Ave. · Delray Beach FL 33483 · (561) 278-0424 FAX 278-0555 HOLIDAY PARADE 5 A N T A. W SW 5TH AVE W L T 5W 4TH A~ T ~ O C. T ~ 3~ A~ A T R ~ V R ~~ xco~o~I ~ ~ A TENNIS ~NTER T T F. ~ZNDA~ ~ ~ ~I~ H~L O ~I~A~ ~ = x~ B H. _ N I I 0 w I. , SWI~ON AVE C D ~ j. ~ I~A~ ~ L. I ~! ~ s ' '~mk~ ~' o. E X X S ~ 4THA~ x T ~ A ~N N Q. s L T ~5~A~ A E 1 ~ Z R. ~ 6T~ A~ F ¢ S T. T I I , · x~ V ~E U. PALM S~RE ~ I I~H~ ~ v~.'s w. PA~ x. ~ ~ E~ D~ Z. G~SON -N ~ ~ ~1 1 NORTH SRON~N ~ ~XXXXXXX BARRICADES ~INAAV BA RRI CAD HOLIDA~ J ~ INN ~TORCYC~ ~3 ~3 -A (~H ~E~ 8L~.) £1TY OF UELAAY BEACH DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 AIl-AmericaCity 993 TO: David T. Harden City Manager /~obert A. Barcinski FROM: ~/ Assistant City Manager DATE: September 11, 1998 SUBJECT: AGENDA ITEM CITYCOMMISSlON MEETING SEPTEMBER 15, 1998 SPECIAL EVENT REQUEST - AMERICAN LUNG ASSOCIATION OF SOUTHEAST FLORIDA, INC. ACTION City Commission is requested to endorse an event being proposed by the American Lung Association of Southeast Florida (Atlantic Avenue Wine Brewery Festival) to be held on January 20, 1999 from 5:30 p.m. - 9:30 p.m., to grant a temporary use permit per LDR's section 2.4.6(H) for use of city sidewalks along Atlantic Avenue, to waive LDR's sign provisions section 4.6.7(D)(3)(j)(ii) to allow event signage more than one week prior to the event, and to authorize staff support as may be needed. I~A CKGROUND Attached is a request from the American Lung Association seeking approval and support for the 1st Atlantic Avenue Wine Festival proposed to be held on January 20, 1999. Proceeds from the event will benefit the American Lung Association. As outlined in their proposal, the American Lung Association will receive product donations from winery's and brewery's and coordinate the event with local restaurants. Tickets would be sold for the event, which would allow participants to sample products at each site and would end with a dinner at one of the restaurants. The sponsor would also provide street musicians for entertainment. Similar type events have been held on Las Olas Boulevard and have been very successful. The event would occur during this years Fotofusion. I have reviewed this event to determine if there would be any conflict with Fotofusion, and it is my opinion that there would be no conflict. We do not anticipate a need to barricade streets. Police security and clean up needs are yet to be determined. It is my recommendation that any overtime that might be incurred will be paid for by the event sponsor. STAFF RECOMMENDATION Staff recommends that Commission endorse this event, approve a temporary use permit for use of city sidewalks along Atlantic Avenue from Swinton to A-lA, approve the sign waiver, and authorize staff assistance under the following conditions. · all overtime be paid for by the event sponsor · a certificate of liability insurance be provided naming the City as additional insured · and a hold harmless agreement be provided in a manner prescribed by the City Attorney RAB/tas File:u:sweeney/agenda Doc:091198a.doc THE EFFORT ALWAYS MATTERS AMERICAN LUNG RECEIVED ASSOCIATION® .xecuti,,e Committee AU6 I 0 1998 of'$outheas Florido, Inc Mary McNicholas Sluggett ASSISTANT President C IT Y M A N AG E R Alexander "Sandy" Myers Vice-President August 5, 1998 Emilio Diamantis Secretary Robert A. Barcinski Bemerd Kurit Assistant City Manager Treasurer City of Delray Beach 100 N.W. 1 st Avenue Susan Folden, Ph.D. Delray Beach, FL 33444 Immediate Past President Dear Mr. Barcinski: Members-At-Large Alfred Grasso I am writing to seek approval from the City Commission for the Sharon Greene Gayle Landen Atlantic Avenue Wine & Brewery Festival (official event name yet to James Shelton be determined by event planning committee) to benefit the American Lung Association of Southeast Florida. The event would take place on James H. Sugarman Wednesday, January 20, 1999, from 5:30pm to 9:30pm. Merchants CEO and restauranteurs on Atlantic Avenue between Swinton Avenue and A1A will be invited to participate in this activity. I have attached a detailed proposal of event activities for your consideration. 2701 N. Australian Avenue West Palm Beach, FL 33407 Over the past several weeks, I have spoken with Marjorie Ferrer and Phone: (561) 659-7644 Melanie Carter of the Delray Beach Joint Venture regarding a Fax: (56 I) 835-8967 proposed Wine Festival. I also presented the concept of this event to E-Mail: amlungsefl~aol.com Joint Venture members at their July 21 st meeting. The Joint Venture has expressed an interest in facilitating involvement of the downtown Serving: businesses to make this event a success for everyone involved. Palm Beach Martin Through outreach and advertising, the American Lung Association St. Lucie hopes to attract sizeable numbers of visitors to the downtown Delray Indian River Okeechobee Counties community. However, we do not believe that street closure or barricades will be necessary. I plan to meet with the Delray Beach Police Department to determine if police security will be necessary. Bequests and Wills are powerful medicine To enhance the festive environment of the evening, the American against lung disease. Lung Association intents to hire a handful of street musicians (strings and pipers, classical format) to entertain visitors on the Avenue. I don't believe this will require a waiver of the noise ordinance, but When You Can't please advise me on this matter. Since this event will include wine and Breath, beer tasting on the Avenue, I request a waiver to permit alcoholic Nothing Else beverage consumption on City streets for the evening of January 20, Matters® American Lung Association of Southeast Florida, Inc. Page 2 1999. I have spoken with Debra Acquilano from Old School Square regarding use of the property as a registration area for event participants. Debra indicated that Fotofusion will be displaying sculpture in the museum during this time, but it would not present a conflict for Wine Festival Registration at the Old School Museum on January 20th. Regarding event signage, I am currently investigating costs to produce pole banners. These banners (approximately fifty) would be hung at intersections between Swinton Avenue and A 1A. The American Lung Association would like to display the banners for two weeks prior to the event. I therefore request a waiver of the city's policy to display banners for only one week preceding events. I will also speak with Debra Acquilano regarding a banner display at Old School Square on the poles facing Atlantic Avenue. The City of Delray Beach will be listed as additional insured for this event with the American Lung Association of Southeast Florida. In addition, the American Lung Association will be held responsible for payment of any necessary services and/or overtime provided by City services, as determined in advance. Should you have questions or require further information, please feel free to call me at (561) 659- 7644. I look forward to your response! Sincerely, ~ Kathleen Herd Sr. Development Officer cc Marjorie Ferrer, Downtown Coordinator Delray Joint Venture Debra Acquilano, Old School Square Proposal for Atlantic Avenue Wine & Brewery Festival Presented By: American Lung Association of Southeast Florida (ALASEF) Contact: Kathleen Herd, Sr. Development Officer (561) 659-7644 The American Lung Association of Southeast Florida (ALASEF), in cooperation with the Delray Beach Joint Venture group, proposes to present a "Wine & Brewery Festival" involving merchants and restauranteurs of Atlantic Avenue. This event will be patterned after the very successful Las Olas Wine Festival in Ft. Lauderdale and will benefit the American Lung Association of Southeast Florida. The Event ~ The Wine Festival will involve two different but mutually supportive activities. The first activity, taking place from 6:00 pm to 9:00 pm, will provide Festival participants with the oppommity to stroll along the avenue and visit the many shops, galleries, and restaurants. Fine wines and brews will be provided and served by the Wine Festival's sponsoring wine and beer distributors. Patrons will sample wines and hand-crafted beers from around the xvorld along with hors d'oeuvres that will be offered by participating vendors. A festive atmosphere will pervade the avenue as music and other entertainment is enjoyed by the crowds. At 9:00, specially crafted winery dinners will be available at participating restaurants. The chefs and wine representatives will create menus and offer wines to highlight their particular offerings. Each restaurant will feature different prix fixe dinners complimented by wines from different vintners. Proceeds from the Festival will benefit programs offered by the American Lung Association of Southeastern Florida. Promotion ~ Promoting the Wine & Brewery Festival in a dynamic and upscale manner is the key to its success. The American Lung Association of Southeast Florida will seek major corporate sponsorship and will work with local businesses to promote the event. Radio, television and print media sponsorship will also provide advertising support. In addition, the American Lung Association invites the Delray Beach Joint Venture Group to assist in every way possible to make this a spectacular event. Promotional opportunities may include flags and banners displayed on Atlantic Avenue as well as posters displayed by local vendors. Tickets ~t Tickets for the Wine Festival will be sold in advance through the ALASEF office and also through participating businesses. As this kind of event generates a lot of spontaneous support, ticket booths will also be set up along the avenue on the evening of the event. Reservations for winery dinners will be placed directly with participating restaurants. Avenue Support ~ Merchants and Restaurants participating in the Wine & Brewery Festival (offering wine & beer samples), will be asked to contribute $150 and a tray of hors d'oeuvres. Tables, linens, cups, etc. will all be supplied by ALASEF. Fine wines and beers will be served and provided by the participating distributors. Restaurants participating in the winery dinners will set aside no less than twenty seats for the 9:00 dinners. There will be no fee for participation. Restauranteurs will charge a fair price for featured meals and '- '" ' wm comnvute a percentage vt ma~ price to ALASEF, as agreed upon in advance. In cooperation with the Delray Beach Joint Venture, the American Lung Association of Southeast Florida hopes to see the Wine & Brewery Festival develop into an annual event benefiting local restaurants and merchants while supporting important programs for the community. Note: Mary Mathurin, Assistant Manager of the Riverside Hotel and Chairman of the Las Olas Association would be happy to share her experiences regarding the Wine Festival in her business community. She can be reached at (954) 467-0671. Interestingly, the Las Olas event was first developed by the local merchants and, in its second year, was brought to the American Lung Association for expansion. The event models a true win-win situation for all participants! MEMORANDUM To: City Commission From: David T. Harden, City Manager ~"["/ Subject: Proposed Utility Tax Notes ($350,000) Date: September 9, 1998 The attached resolution authorizes the City to execute a note agreement with SunTrust of up to $350,000 at a rate of 4.49% and a term of approximately 15 years for the purpose of funding, in part, the cost of design, engineering, construction and equipping of a new clubhouse located at Lakeview Golf Course. The Finance Department has provided an analysis of bids received from various banks and recommends approval of the agreement with SunTrust. The agreement will allow for prepayment at any time without penalty and will protect the City against rate changes caused by possible amendments to tax law. I concur with their recommendation. c: R.S. O'Connor, Treasurer file: notes/authres Agenda Item Np.: ~.~ ' AGENDA REQUEST Date: 9/9/98 Request to. be placed on: x Regular Agenda Special Agenda Workshop Agenda When: 9/15/98 Description of agenda item (who~ wha~t- wh Approv~ a note agreement with SunTrusn totalling ~330,uuuaL't~c£~t~ of and a term of 15 years. Recommendation: City Attorney Review/_Recommendation (if applicable): Budget Director- ~eview (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: ~l~ (if applicable) Account No. & Description: Account Balance: City Manager Review: ApprovedHold Until fOr: agenda: ~ NO~/~/~/ Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM To: David T. Harde~anager From: Joseph M. Sa~ector of Finance Subject: Proposed Utility Tax Notes ($350,000) Date: September 9, 1998 Background On September 4, 1998, the City Finance Department received bids for the above referenced financing for the purpose of funding, in part, the construction and equipping of Lakeview Golf Course Clubhouse. The terms and specifics of the request for bid are as follows: Term The term of the Note will be approximately 15 years and will mature June 1, 2013. Security The Note will be secured by a subordinate pledge upon the City's receipt of Utilities Tax revenues. The Note will be subordinate to the City's Utilities Tax Revenue Bonds, Series 1992, 1994 and 1995 currently outstanding in the principal amount of $17,120,000. The Note will be on parity with the City's Utility Tax Note, Series 1996 currently outstanding in the principal amount of $3,143,000. The annual and maximum debt service coverage calculated with the current and proposed debt service is at 2.31 which is more than adequate coverage. Prepayment Provisions/Gross-up Provisions The City asked financial institutions to bid with and without a "prepayment penalty" as well as with and without a "gross-up provision". The "prepayment penalty" is a fee charged or a premium paid by the City in the event the City chooses to prepay the Note. A "gross-up provision" is a protection for the bank which essentially allows the bank to increase the rate of the financing to the bank's effective yield in the event of a change in the tax law. Bid Responses The City received responses from NationsBank, First Union, Republic Security Bank and SunTrust. The bid responses are as follows: FIRST NATIONS- REPUBLIC SUNTRUST UNION BANK SECURITY FIXED RATE: WIO PENALTY/NO DECLINED DECLINED 4.95% 4.49% GROSS-UP WIO PENALTY/WITH DECLINED DECLINED NIA 4.49% GROSS-UP WITH PENALTY/NO DECLINED DECLINED N/A 4.46% GROSS-UP WITH PENALTY/WITH DECLINED DECLINED N/A 4.43% GROSS-UP LEGAL: N/A N/A $1,000 Plus $1,000 Plus O/P Exp. O/P Exp. Recommendation We recommend the fixed rate financing option offered by SunTrust at a rate of 4.49%. This option will allow for prepayment without penalty and will protect the City against rate changes contingent upon amendments to tax law. The cost for each feature equates to $867 over a 15 year period. This additional cost is a small price to pay for the most protection for the City. RESOLUTION NO. 56-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $350,000 IN AGGREGATE PRINCIPAL AMOUNT OF UTILITIES TAX REVENUE BONDS, SUBORDINATE SERIES 1998, OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF DESIGN, ENGINEERING, CONSTRUCTION, IMPROVING AND EQUIPPING OF A PUBLIC GOLF COURSE CLUBHOUSE; DETERMINING THE NEED FOR A NEGOTIATED SALE OF SUCH BONDS TO SUNTRUST BANK, SOUTH FLORIDA, N.A.; PROVIDING FOR THE TERMS AND PAYMENT OF SAID UTILITIES TAX REVENUE BONDS, SUBORDINATE SERIES 1998, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID UTILITIES TAX REVENUE BONDS, SUBORDINATE SERIES 1998; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A LINE OF CREDIT AGREEMENT WITH SUNTRUST BANK, SOUTH FLORIDA, N.A.; DESIGNATING THE UTILITIES TAX REVENUE BONDS, SUBORDINATE SERIES 1998 AS "QUALIFIED TAX-EXEMPT OBLIGATIONS" WITHIN THE MEANING OF SECTION 265(b) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida (the "City Commission"), hereby determines that it is in the best interest of the City of Delray Beach, Florida (the "City"), to make improvements and renovations to the City's Lakeview golf course clubhouse (herein, the "Improvements"); and WHEREAS, the City Commission hereby determines that it would be in the best economic interest of the City to finance the costs of the Improvements and all incidental and necessary costs relating thereto (collectively, the "1998 Project"); and WHEREAS, pursuant to the terms and provisions of this Resolution, the City shall issue at one time obligations known as "City of Delray Beach, Florida Utilities Tax Revenue Bonds, Subordinate Series 1998" (herein, the "1998 Bonds") to finance the costs of the 1998 Project including the costs of issuing such 1998 Bonds; and WHEREAS, the principal amount of the 1998 Bond authorized under this Resolution shall not exceed $350,000; and WHEREAS, the 1998 Bonds shall be secured by a pledge of and lien on the proceeds of the Utilities Tax (as such term is defined below), on parity with the City's outstanding Utilities Tax Revenue Bonds, Subordinate Series 1996 (herein the "1996 Bonds"), issued pursuant to the provisions of Resolution No. 79-96 of the City adopted on November 5, 1996 (the "1996 Resolution") but subject and subordinate in all respects to the pledge of and lien on such Utilities Tax proceeds for the payment of Senior Obligations (as such term is defined below); and WHEREAS, City staff has previously solicited bids from qualified lending institutions to provide a line of credit or term loan as the vehicle by which the 1998 Bonds are to be issued and the 1998 Project is to be financed; and WHEREAS, City staff has determined and the City Commission hereby concurs that SunTrust Bank, South Florida, N.A., a national banking association with its designated office in West Palm Beach, Florida (herein, the "Bank") has provided the best overall bid to the City; and WHEREAS, the City Commission hereby finds that in light of present market conditions, the aforementioned bid provided by the Bank, the subordinate nature of the 1998 Bonds, and other factors described herein, it would be in the best interest of the City to sell the 1998 Bonds to the Bank on a negotiated basis pursuant to the terms and provisions of this Resolution and that certain Line of Credit Agreement dated as of September 1, 1998 (herein, the "Agreement") by and between the City and the Bank in substantially the form attached hereto as Exhibit A; and WHEREAS, the City does not expect to issue more than $10,000,000 of its tax-exempt obligations in calendar year 1998, and based upon the advice of its Bond Counsel, the City Commission shall designate the 1998 Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b) of the Code. NOW, THEREFORE, be it resolved by the City Commission of the City of Delray Beach, Florida, as follows: ARTICLE I STATUTORY AUTHORITY; FINDINGS AND DEFINITIONS SECTION 1.1 AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Charter of the City of Delray Beach, Florida, as amended and supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented, and other applicable provisions of law (collectively, the "Act"). SECTION 1.2. FINDINGS. It is hereby ascertained, determined and declared: (a) That the City hereby authorizes the following capital project and the financing of such capital project namely: (i) to make the Improvements and (ii) to pay all other incidental and necessary costs and expenses associated therewith, as more fully set forth in Section 1.2(d) hereof (the Improvements, together with such other costs and expenses, are collectively referred to as the "1998 Project"). The 1998 Project shall be financed from all or a part of the proceeds derived from the 1998 Bonds issued pursuant to this Resolution, all in accordance with plans and specifications filed or to be filed with and approved or to be approved by the City Commission. (b) That it is necessary and essential to construct and acquire the 1998 Project in order to preserve and promote tourism and recreation in the City and that such 1998 Project will be in the best economic interest of the City. (c) That the Improvements will serve a valid municipal purpose. WPB/SA NFORDS/197347/489v03!.DOC/9/11/98/16787.010600 2 (d) That the cost of the Improvements shall be deemed to include, but not be limited to, the cost of acquisition, construction, improving, renovating and equipping all or a portion of the Improvements, the cost of real estate, including easements and other interests therein, or any other property real or personal, necessary therefor; administrative expenses; design, engineering and legal expenses; expenses for fiscal agents or financial services; the fees and expenses of Bond Counsel; expenses for estimates of costs; expenses for plans, specifications and surveys; and such other expenses as may be necessary or incidental to the Improvements and the issuance of the 1998 Bonds herein authorized. (e) That pursuant to the terms and provisions of the Original Resolution (as herein defined), the City has heretofore issued and has now outstanding its Utilities Tax Revenue Refunding and Improvement Bonds, Series 1992, its Utilities Tax Revenue Refunding and Improvement Bonds, Series 1994 and its Utilities Tax Revenue Bonds, Series 1995 (herein collectively, the "Prior Senior Obligations"). (f) That pursuant to the 1996 Resolution, the City has authorized and issued the 1996 Bonds to finance certain capital projects described therein. (g) That pursuant to the Utilities Tax Ordinance (as herein defined), the City has been levying a tax on the purchase of certain utilities services as more particularly described in Section 1.3 hereof (herein, the "Utilities Tax"), the proceeds of such tax are not pledged or encumbered, in whole or in part, in any manner or for any purpose other than for the payment of the 1996 Bonds and the Prior Senior Obligations. (h) That the principal of and interest on the 1998 Bonds shall be secured solely by and paid from the Pledged Revenues (as herein defined) on parity with the 1996 Bonds; and the ad valorem taxing power of the City will never be necessary or authorized to pay the principal of and interest on the 1998 Bonds or the 1996 Bonds, and the 1998 Bonds issued pursuant to this Resolution shall not constitute a lien upon any other property whatsoever of or in the City. (i) That the City, having previously solicited bids for the sale of the 1998 Bonds, has determined that the best qualified bid for the 1998 Bonds was delivered by the Bank. (j) That the negotiated sale of the 1998 Bonds to the Bank is in the best interest of the City by reason of the nature of and schedule for the completion of the 1998 Project, the aforementioned solicitation of bids, present market conditions and the subordinate nature of the 1998 Bonds. (k) That the Agreement, in the form attached hereto as Exhibit A, is hereby approved, with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof and the Mayor (or in his absence, the Vice Mayor) and City Clerk are hereby authorized to execute the same on behalf of the City. (I) The City hereby designates the 1998 Bonds to be "qualified tax-exempt obligations" within the meaning of Section 265(b) of the Code. WPB/SANFORDS/197347/489v03LDOC/9/11/98/16787.0t0600 3 (m) That pursuant to the provisions of the Original Resolution and this Resolution, the City may issue obligations on parity with the Prior Senior Obligations. SECTION '1.3 DEFINITIONS. That, in addition to terms defined elsewhere in this Resolution, the following terms shall have the following meanings unless the context otherwise clearly requires: "Act" shall mean the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented, the Charter of the City of Delray Beach, Florida, as amended and supplemented, and other applicable provisions of the law. "Amortization Assumption" shall mean with respect to any Senior Obligation or Parity Obligation issued pursuant to the provisions of the Original Resolution, this Resolution or any other resolution of the City, that does not have scheduled amortization, the assumption that the principal amount of such Senior Obligation or Parity Obligation is payable in substantially equal amounts each year over the term of each Parity Obligation. "Authorized Investments" shall mean any of the following: (1) U.S. Obligations; (2) bonds, debentures, notes or other evidences of indebtedness payable in cash issued by any one or a combination of any of the following federal agencies: Farmer's Home Administration (or its successor), Federal Housing Administration, Maritime Administration, Public Housing Authority, Government National Mortgage Association; (3) the following investments fully insured by the Federal Deposit Insurance Corporation ("FDIC") (i) certificates of deposit, (ii) savings account, (iii) deposit accounts, or (iv) depository receipts of a bank, savings and loan associations and mutual savings bank; (4) certificates of deposit, either in excess of FDIC insurance or without FDIC insurance, properly secured at all times, by collateral security described in clause (1) and (2) above or secured as required for a "qualified public depository" under the Florida Security for Public Deposits Act, being Chapter 280, Florida Statutes, as amended, or any successor statute. Such agreements are only acceptable with commercial banks, savings and loan associations and mutual savings banks or other "qualified public depository"; (5) commercial paper rated in one of the two highest rating categories by at least two nationally recognized rating agencies or commercial paper backed by a letter of credit or line of credit rated in one of the two highest rating categories; (6) written repurchase agreements with any bank, savings institution or trust company which is insured by the FDIC or with any broker dealer with retail customers which falls under Securities Investors Protection Corporation protection, provided that such repurchase agreements are fully secured by collateral security described in clause (1) above, and provided further that (i) such collateral is held by the City or any agent WPB/SANFORDS/197347/489v03!.DOC/9/11/98/16787.010600 4 acting solely for the City during the term of such repurchase agreement, (ii) such collateral is not subject to lien or claims of third parties, (iii) such collateral has a market value (determined at least once every 14 days) at least equal to the amount invested in the repurchase agreement, (iv) the City has a perfected first security interest in the collateral, (v) the agreement shall be for a term not longer than 270 days, and (vi) the failure to maintain such collateral at the level required in (iii) above will require the City to liquidate the collateral; (7) money market funds rated in the highest rating category of either Standard & Poor's or Moody's Investors Service, or any successor thereto; (8) investments in the Local Government Surplus Funds Trust Fund established pursuant to Part IV of Chapter 218, Florida Statutes, as amended, or any successor trust fund established for the investment of surplus municipal funds; and (9) any other investments permitted under Florida law and acceptable to the Bank. "Bank" shall mean SunTrust Bank, South Florida, N.A., the initial Bondholder. "Bond Counsel" shall mean Greenberg Traurig, P.A. or any other firm of nationally recognized bond counsel selected by the City. "City" shall mean the City of Delray Beach, Florida, a municipal corporation in the County of Palm Beach, State of Florida, and its successors and assigns. "City Commission"" shall mean the duly constituted governing body of the City. "Code" shall mean the Internal Revenue Code of 1986, as amended, the applicable Treasury Regulations promulgated thereunder and any administrative or judicial interpretations of the same published in a form on which the City may rely as a matter of law. "Debt Service Fund" shall mean the Delray Beach Subordinated Utilities Tax Revenue Bond Debt Service Fund, created and established pursuant to the 1996 Resolution and continued hereunder and which is the fund in which the Pledged Revenues shall be deposited by the City for the payment of the 1996 Bonds and 1998 Bonds in accordance with the provisions hereof and the 1996 Resolution. "Defeasance Obligations" shall mean, to the extent permitted by law, the following securities: (1) U.S. Obligations; (2) Any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (i) which are not callable prior to maturity or as to which irrevocable instructions have been given to the trustee of such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified in such instructions, (ii) which are secured as to principal and interest and redemption WPB/SANFORDS/197347/489v03!.DOC/9/I 1/98/16787.010600 5 premium, if any, by a fund consisting only of cash or bonds or other obligations of the character described in clause (1) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the redemption date or dates specified in the irrevocable instructions referred to in subclause (i) of this clause (2), as appropriate, and (iii) as to which the principal of and interest on the bonds and obligations of the character described in clause (I) hereof which have been deposited in such fund along with any cash on deposit in such fund are sufficient to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this clause (2) to and including the maturity date or dates thereof or to and including the redemption date or dates specified in the irrevocable instructions referred to in subclause (i) of this clause (2), as appropriate; (3) Evidences of indebtedness issued by the Federal Home Loan Banks, Federal Home Loan Mortgage Corporation (including participation certificates), Federal Financing Banks, or any other agency or instrumentality of the United States of America created by an act of Congress provided that the obligations of such agency or instrumentality are unconditionally guaranteed by the United States of America or any other agency or instrumentality of the United States of America or of any corporation wholly-owned by the United States of America; and (4) Evidences of ownership of proportionate interests in future interest and principal payments on obligations described in clause (1) above held by a bank or trust company as custodian. "Interest Rate" shall mean the rate of interest on the 1998 Bonds which, when calculated on an actual 365/366-day year basis, shall be equal to four and forty-nine hundredths percent (4.49%) per annum. "Maturity Date" shall mean, with respect to the unpaid principal of and interest on the 1998 Bonds, June 1, 2013. "1998 Bonds" shall mean the not to exceed $350,000 aggregate principal amount of Utilities Tax Revenue Bonds, Subordinate Series 1998, authorized by this Resolution. "Owner," "Bondholder" or "registered holder" or any similar term shall mean the Bank or, subject to the provisions of Section 2.4 hereof, any successor registered holder of the 1998 Bonds, provided that there shall never be more than 1 registered holder at any one time. "Original Resolution" shall mean Resolution No. 98-91, adopted by the City Commission on December 3, 1991, as amended and supplemented. "Parity Obligations" shall mean any notes, bonds or other forms of indebtedness, payable from the Pledged Revenues on parity with the 1996 Bonds and the 1998 Bonds, whether or not such obligations are issued under this Resolution or the 1996 Resolution. "Paying Agent" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Paying Agent hereunder. WPB/SANFORDS/197347/489v03!.DOC/9/11/98/16787.010600 6 "Payment Date" shall mean each June 1 and December 1, commencing December 1, 1998, the Maturity Date and any date the principal of the 1998 Bonds is optionally prepaid in whole or in part, provided that if such date is a Saturday, Sunday or legal holiday in Palm Beach County, Florida, the payment shall be made on the next succeeding business day. "Pledged Revenues" shall mean all moneys on deposit in the Debt Service Fund derived from the proceeds of the Utilities Tax required to be deposited therein each month after the deposits required by Article III, Section 4.D of the Original Resolution have been made by the City, subject in all respects to the prior lien on such moneys for the payment of Senior Obligations. "Prime Rate" shall mean the annual interest rate announced by SunTrust Banks, Inc. from time to time as its prime rate, which interest rate is only a bench mark, is purely discretionary and is not necessarily the best or lowest interest rate charged borrowing customers of any subsidiary bank of SunTrust Banks, Inc. "Prior Senior Obligations" shall mean the City's outstanding Utilities Tax Revenue Refunding and Improvement Bonds, Series 1992, its Utilities Tax Revenue Refunding and Improvement Bonds, Series 1994 and its Utilities Tax Revenue Bonds, Series 1995. "Registrar" shall mean the City's Finance Department or, if the City Commission shall so determine by subsequent proceeding, any bank or trust company and any successor bank or trust company appointed by the City to act as Registrar hereunder. "Resolution" shall mean this Resolution as the same may from time to time be amended and supplemented in accordance with the terms hereof. "Senior Obligations" shall mean the Prior Senior Obligations and any pari passu additional Bonds issued pursuant to the provisions of Section 4.G of Article III of the Original Resolution, subject to the provisions of Section 3.8 of this Resolution. "Tax Certificate" shall mean the Arbitrage Certificate of the City executed on the date of initial delivery of the 1998 Bonds. "U. S. Obligations" shall mean the direct obligations of, or obligations on which the timely payment of principal and interest are unconditionally guaranteed by the United States of America, and, if determined by subsequent proceedings of the City Commission, certificates which evidence ownership of the right to the payment of the principal of, or interest on, such obligations. "Utilities Tax" shall mean the tax imposed by the City on each and every purchase in the City of electricity, metered and bottled gas (natural liquified petroleum gas or manufactured) and telecommunication services. Said term shall also apply to all taxes imposed by the City on the purchase of utility services, whether levied in the amounts prescribed by the Utilities Tax Ordinance or in any other amounts and whether imposed on the purchase of the same utilities services or any other or additional utilities services, either by amendment to the Utilities Tax Ordinance or otherwise. WPB/SA NFORDS/197347/489v03LDOC/9/11/98/16787.010600 7 "Utilities Tax Ordinance" shall mean all proceedings imposing the Utilities Tax, including Ordinance No. 535 of the City adopted on July 9, 1945, as amended, and every supplementary ordinance or other ordinance in lieu thereof as may hereafter be adopted. Words importing singular number shall include the plural number and vice versa, as the case may be, and words importing persons shall include firms and corporations. SECTION 1.4 RESOLUTION CONSTITUTES CONTRACT. In consideration of the acceptance of the 1998 Bonds authorized to be issued hereunder by those who shall own the same from time to time, this Resolution shall be deemed to be and shall constitute a contract between the City and the Bondholders and the covenants and agreements herein and therein set forth to be performed by said City shall be for the benefit, protection and security of the Bondholders. ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF 1998 BONDS SECTION2.1 AUTHORIZATION OF 1998 BONDS. Subject and pursuant to the provisions of this Resolution, obligations of the City of Delray Beach, Florida, to be known as "Utilities Tax Revenue Bonds, Subordinate Series 1998" are hereby authorized to be issued in the aggregate principal amount of not exceeding Three Hundred Fifty Thousand Dollars ($350,000) for the purpose of financing the costs of the 1998 Project. SECTION 2.2 DESCRIPTION OF 1998 BONDS. The text of the 1998 Bonds shall be substantially in the form attached hereto as Exhibit B with such omissions, insertions and variations as may be necessary and desirable, as evidenced by the City's execution thereof. The 1998 Bonds (initially issued in one (1) typewritten certificate) shall be dated the date of initial issuance. Unless the interest rate on the 1998 Bonds is converted to the Prime Rate pursuant to the provisions of Section 2.7 hereof, the 1998 Bonds shall bear interest on the outstanding principal amount of the 1998 Bonds from time to time at the Interest Rate and shall be payable on each Payment Date, commencing December 1, 1998. Principal of the 1998 Bonds shall be payable on each June 1 commencing June 1, 1999, in the amounts set forth below. All unpaid principal of the 1998 Bonds and all accrued and unpaid interest on the 1998 Bonds shall be payable on the Maturity Date. The 1998 Bonds shall be issued in registered form. Date Amount 1999 $18 000.00 2000 18 000.00 2001 18 000.00 2002 19 000.00 2003 20 000.00 2004 21 000.00 2005 22 000.00 2006 23 000.00 2007 24 000.00 2008 25 000.00 WPB/SA NFORDS/197347/489v03LDOC/9/11/98/16787.0106~ 8 Date Amount 2009 26,000.00 2010 27,000.00 2011 29,000.00 2012 29,000.00 2013 31.000.00 TOTAL $350,000.00 Principal and interest on the 1998 Bonds shall be payable at the office of the Paying Agent (the designated corporate trust office of the Paying Agent if the City's Finance Department is not the Paying Agent). The 1998 Bonds shall be numbered in such manner as may be prescribed by the Registrar. The 1998 Bonds shall be payable, with respect to interest and principal, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. The City may prepay the 1998 Bonds in whole or in part, at any time or from time to time, without penalty or premium, by paying to the registered holder all or part of the principal amount of the 1998 Bonds, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Each prepayment shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) business days prior thereto. If such prepayment shall be for only a portion of the unpaid principal balance of the 1998 Bonds, the City shall provide in such written notice, which future amortization installments shall be reduced as a result of such prepayment. Notice having been given as aforesaid, the principal amount stated in such notice or the whole thereof, as the case may be, shall become due and payable on the prepayment date stated in such notice; and the amount of principal shall be paid (i) in case the entire unpaid balance of the principal of the 1998 Bonds is to be paid, upon presentation and surrender of the 1998 Bond or 1998 Bonds to the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department), and (ii) in case only part of the unpaid balance of principal of the 1998 Bonds is to be paid, upon presentation of such 1998 Bond or 1998 Bonds at the office of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement 1998 Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the 1998 Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal without surrender of the 1998 Bonds. If, on the prepayment date, funds for the payment of the principal amount to be prepaid shall have been provided to the Paying Agent, as above provided, then from and after the prepayment date interest on such principal amount of the 1998 Bonds shall cease to accrue. If said funds shall not have been so paid on the prepayment date with respect to principal and on the next succeeding Payment Date with respect to interest, the principal amount of the 1998 Bonds shall continue to bear interest until payment thereof at the Interest Rate or Prime Rate, as the case may be. SECTION 2.3 EXECUTION OF THE 1998 BONDS. The 1998 Bonds shall be executed in the name of the City by the signature of the Mayor of the City and its official seal shall be affixed thereto or imprinted or reproduced thereon and attested by the City Clerk. The WPB/SANFORD$/19734 7 / 489vO3!.DOC /9 /11/98/16 787.010600 9 signatures of the Mayor of the City and City Clerk on the 1998 Bonds may be manual or facsimile signatures. In case any one or more of the officers who shall have signed or sealed the 1998 Bonds shall cease to be such officer of the City before the 1998 Bonds so signed and sealed shall have been actually sold and delivered, such 1998 Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such 1998 Bonds had not ceased to hold such office. The 1998 Bonds may be signed and sealed on behalf of the City by such person who at the actual time of the execution of the 1998 Bonds shall hold the proper office, although at the date the 1998 Bonds shall be actually delivered such person may not have held such office or may not have been so authorized. The 1998 Bonds shall bear thereon a certificate of authentication, in the form set forth on Exhibit B attached hereto, executed manually by the Registrar (when the City's Finance Department shall act as Registrar, the certificate of authentication shall be manually executed by the City's Finance Director). Only the 1998 Bonds as shall bear thereon such certificate of authentication shall be entitled to any right or benefit under this Resolution and no 1998 Bonds shall be valid or obligatory for any purpose until such certificate of authentication shall have been duly executed by the Registrar. The certificate of authentication of the Registrar upon the 1998 Bonds executed on behalf of the City shall be conclusive evidence that the 1998 Bonds so authenticated have been duly authenticated and delivered under this Resolution and that the Owner thereof is entitled to the benefits of this Resolution. SECTION 2.4 NEGOTIABILITY. REGISTRATION AND CANCELLATION. The Registrar shall keep books for the registration of the 1998 Bonds and for the registration of transfers of the 1998 Bonds. The 1998 Bonds shall be transferable at the option of the registered Owner thereof to an institutional holder, but subject to the prior written approval of the City's Director of Finance (which shall not be unreasonably withheld if the intended transferee provides a suitability letter addressed to the City as to the sophistication of the investor) unless such institutional holder is a bank or trust company, or unless such institutional holder, which is not a bank or trust company, certifies in writing to the City prior to the transfer that it is an accredited investor within the meaning of Rule 501 of the Securities Act of 1933, as amended and supplemented, in which case such approval shall not be required, and upon surrender thereof at the office of the Registrar (the designated corporate trust office of the Registrar if the City's Finance Department is not the Registrar) with a written instrument of transfer satisfactory to the Registrar duly executed by the registered Owner or his duly authorized attorney. Upon the transfer of such 1998 Bond, the City shall issue in the name of the transferee a new 1998 Bond. The City, the Paying Agent and the Registrar shall deem and treat the person in whose name the 1998 Bonds shall be registered upon the books kept by the Registrar as the absolute Owner of such 1998 Bonds, whether such 1998 Bonds shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such 1998 Bonds as the same become due and for all other purposes. All such payments so made to any such Owner or upon his/her order shall be valid and effectual to satisfy and discharge the liability upon such 1998 Bonds to the extent of the sum or sums so paid, and neither the City, the Paying Agent nor the Registrar shall be affected by any notice to the contrary. WPB/SANFORDS/! 97347/489v03!.DOC/9/! 1/98/! 6787.010600 '~ 0 In all cases in which the privilege of transferring the 1998 Bonds is exercised, the City shall execute and the Registrar shall authenticate and deliver the 1998 Bonds in accordance with the provisions of this Resolution. The 1998 Bonds surrendered in any such transfers shall forthwith be delivered to the Registrar and canceled by the Registrar in the manner provided in this Section. There may be a reasonable charge for any transfer of the 1998 Bonds, and the City or the Registrar (if not the City's Finance Department) may require the payment of a sum sufficient to pay any tax, fee or other governmental charges required to be paid with respect to such transfer. The 1998 Bonds paid or redeemed, in whole, either at or before maturity, shall be delivered to the Registrar when the payment or redemption is made, and such 1998 Bonds shall thereupon be promptly canceled. The 1998 Bonds so canceled may at any time be destroyed by the Registrar, who sha~l execute a certificate of destruction in duplicate by the signature of one of its authorized officers describing the 1998 Bonds, and one executed certificate shall be filed with the City and the other executed certificate shall be retained by the Registrar (if not the City's Finance Department). SECTION 2.5 MUTILATED. DESTROYED. STOLEN OR I. OST 1998 BQrtds. In case any 1998 Bond shall become mutilated, destroyed, stolen or lost, the City shall execute and the Registrar shall authenticate and deliver a new 1998 Bond of like date, maturity and denomination as the 1998 Bond so mutilated, destroyed, stolen or lost; provided that, in the case of any mutilated 1998 Bond, such mutilated 1998 Bond shall first be surrendered to the City and, in the case of any lost, stolen or destroyed 1998 Bond, there shall first be furnished to the City and the Registrar (if not the City's Finance Department) evidence of such loss, theft, or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event the 1998 Bonds shall be about to mature or have matured, instead of issuing a duplicate 1998 Bond, the City may pay the same without surrender thereof. The City and the Registrar (if not the City's Finance Department) may charge the Owner of such 1998 Bond their reasonable fees and expenses in connection with this transaction. Any 1998 Bonds surrendered for replacement shall be canceled in the same manner as provided in Section 2.4 hereof. Any such duplicate 1998 Bond issued pursuant to this Section shall constitute additional contractual obligations on the part of the City, whether or not the lost, stolen or destroyed 1998 Bond be at any time found by anyone, and such duplicate 1998 Bonds shall be entitled to equal proportionate benefits and rights as to lien on the source and security for payment from Pledged Revenues with the 1998 Bond issued hereunder. SECTION 2.6 CONDITIONS FOR ISSUANCE OF THE 1998 I~ONDS. Prior to the issuance of the 1998 Bonds, the City shall comply with the following conditions: (a) Deliver to the Bank a fully executed Tax Certificate; and (b) Deliver to the Bank a copy of a completed and executed Form 8038-G to be filed by the City with the Internal Revenue Service; and (c) Deliver to the Bank an opinion of Bond Counsel, satisfactory to the Bank, regarding the due authorization, execution, delivery, validity and enforceability of the 1998 Bonds and the due adoption of this Resolution (enforceability of such instruments may be WPB/SANFORDS/197347/489vO3LDOC/9/! 1/98/16787.010600 11 subject to standard bankruptcy exceptions and the like) and the exclusion of interest on the 1998 Bonds from gross income for federal income tax purposes, that the 1998 Bonds are not specified "private activity bonds" within the meaning of Section 57(a)(5) of the Code and, therefore, the interest on the 1998 Bonds will not be treated as a preference item for purposes of computing the alternative minimum tax imposed by Section 55 of the Code (however, a portion of the interest on the 1998 Bonds owned by corporations may be subject to the federal alternative minimum tax which is based in part on adjusted current earnings). Such opinion shall also state that the 1998 Bonds are "qualified tax-exempt obligations" within the meaning of Section 265(b) of the Code; and (d) Deliver to the Bank an opinion of the City Attorney, satisfactory to the Bank, regarding the due authorization, execution, delivery, validity and enforceability of the 1998 Bonds, the Agreement and the due adoption of this Resolution (enforceability may be subject to standard bankruptcy exceptions and the like); and (e) Deliver to the Bank one or more certificates of the City in form satisfactory to the Bank certifying, among other things, that the City is in compliance with the term of the Original Resolution and that, as certified by the City's Finance Director, the conditions set forth in Section 3.8 of the 1996 Resolution have been satisfied. To the extent that the City does not issue all of the $350,000 in principal amount of 1998 Bonds at the time of initial issuance, the City shall provide written notice to the Bank (signed by the City Manager, Finance Director or Treasurer of the City) of the City's intention to draw additional amounts under the Agreement at least two (2) business days prior to the date the City intends to receive the funds. Such notice shall confirm that the City is in compliance with terms and provisions of this Resolution and the Original Resolution. Such additional amounts drawn under the Agreement shall constitute additional principal amount of 1998 Bonds without any further action required. SECTION 2.7' INTEREST RATE ADJUSTMENT. If the interest on the 1998 Bonds while registered in the name of the Bank becomes includable in the gross income of the Bank for federal income tax purposes as determined in the manner set forth below (herein a "Determination of Taxability") the interest rate on the 1998 Bonds shall be adjusted so that the 1998 Bonds shall bear interest at the Prime Rate. Such adjustment shall be retroactive to the date interest on the 1998 Bonds first become includable in the gross income of the Bonds for federal income tax purposes. A Determination of Taxability shall have deemed to occur when (i) the Bank has been advised in writing by the Internal Revenue Service that the interest payable on the 1998 Bonds must be includable in the gross income of the Bank for federal income tax purposes or (ii) the entry by a court of a final judgment or order or the promulgation by the Internal Revenue Service of a final ruling or decision, in either such case to the effect that the interest on the 1998 Bonds is includable for federal income tax purposes in the gross income of the Bank. Notwithstanding the foregoing, there shall be no Determination of Taxability unless the inclusion of interest on the 1998 Bonds in the gross income of the Bank is the result of actions taken by City or is a result of the City's failure to take actions required to be taken by the City and it is within the City's power to take such action. A Determination of Taxability shall not include inclusion of interest on any 1998 Bond in the income of the Bank for purposes of any alternative minimum tax, environmental tax or branch profits tax. WPB/SANFORDSt197347/4~9v03!.DOC/9/1 ~/9B/16787.0~0600 'J 2 In the case of (i) above, no Determination of Taxability shall be deemed to occur unless the City has been given timely written notice by the Bank of such determination by the Internal Revenue Service and afforded an opportunity to participate in and seek at its own expense, a final administrative determination or determination by a court of competent jurisdiction (from which no further right of appeal exists) as to the existence of such Determination of Taxability; provided that the City, at its own expense, delivers to the Bank an opinion of Bond Counsel acceptable to the Bank to the effect that such appeal or action for judicial or administrative review is not without merit and there is a reasonable possibility that the judgment, order, ruling or decision from which such appeal or action for judicial or administrative review is taken will be reversed, vacated or otherwise set aside. In the event of a Determination of Taxability, the City covenants that it shall also pay any interest, additions to tax or penalties, resulting from the interest on the 1998 Bonds being includable in the Bank's gross income for federal income tax purposes, and any arrears in interest resulting from such Determination of Taxability. Any such additional amounts (established to the satisfaction of the City) shall be payable by the City to the Bank on the next succeeding Payment Date or, if such amounts become payable after the Maturity Date of the 1998 Bonds within 60 days of the date the City is notified by the Bank that such amounts are due. ARTICLE III COVENANTS, FUNDS AND APPLICATION THEREOF SECTION 3.1 1998 BONDS NOT TO BE INDEBTEDNESS OF THE CITY. The 1998 Bonds shall not be or constitute an indebtedness of the City within the meaning of any constitutional, statutory or other limitation of indebtedness, but shall be secured solely by and payable from the Pledged Revenues on a parity with the 1996 Bonds. No Bondholder shall ever have the right to compel the exercise of the ad valorem taxing power of the City, or taxation in any form of any real property therein, to pay said 1998 Bonds or the interest thereon. The pledge of the Pledged Revenues will not constitute a lien upon any property of the City. SECTION 3.2 1996 and 1998 BONDS JUNIOR AND SUBORDINATE TO SENIOR OBLIGATIONS. The lien of the 1996 Bonds and 1998 Bonds on the Pledged Revenues shall be junior and subordinate, as to the lien of the Senior Obligations on the Utilities Tax proceeds and in all other respects, to the pledge and lien granted to the Senior Obligations. SECTION 3.3 1998 BONDS SECURED BY PLEDGE OF PLEDGED REVENUES. From and after the issuance of any of the 1998 Bonds, and continuing until the payment of all 1998 Bonds as to principal and interest, the Pledged Revenues shall continue to be pledged for the prompt payment of principal of and interest on said 1998 Bonds on parity with the 1996 Bonds. SECTION 3.4 COVENANTS OF THE CITY. As long as any of the principal of or interest on any of the 1998 Bonds shall be outstanding and unpaid, or until there shall have been set apart in the Debt Service Fund in accordance with Section 3.7 hereof a sum sufficient to pay, when due, the entire principal of the 1998 Bonds remaining unpaid, together with interest accrued and to accrue thereon, the City covenants with the Bondholders as follows: WPB/SANFORDS/i97347/489vO3!.DOC/9/I 1/98/16787.010600 13 the investment and reinvestment of the moneys on deposit in the Debt Service Fund shall remain on deposit in the Debt Service Fund and be used in the same manner as other moneys on deposit therein. (c) Disposition of Pledged Revenues. Not later than the fifteenth day of each month commencing October 15, 1998, the City shall deposit in the Debt Service Fund the proceeds of the Utilities Tax, subject to and dependent upon satisfaction of all current deposit requirements of such Utilities Tax proceeds set forth in Article III, Section 4.D of the Original Resolution, in an amount equal to one-sixth (1/6) of the interest becoming due on the 1996 Bonds and 1998 Bonds on the next Payment Date and an amount equal to one-twelfth (1/12) of an amount sufficient to pay the principal becoming due on the 1996 Bonds and 1998 Bonds on the next June 1 Payment Date, and shall further deposit into the Debt Service Fund one business day prior to each Payment Date the proceeds of the Utilities Tax in an amount necessary to satisfy any deficiency in the Debt Service Fund on such date; provided, however, that such deposit of the interest and principal amount shall not be required to be made to the extent that moneys on deposit in the Debt Service Fund are sufficient for such purpose. The City covenants to deposit, on the business day prior to the Maturity Date, the proceeds of the Utilities Tax (or other legally available moneys) into the Debt Service Fund in an amount sufficient to pay the outstanding principal of and interest on the 1998 Bonds. (d) Levy of Utilities Tax. The City will not repeal, amend or modify the Utilities Tax Ordinance in any manner so as to (i) impair or adversely affect the power and obligation of the City to levy and collect the Utilities Tax, (ii) impair or adversely affect in any manner the pledge of the Utilities Tax made herein, or (iii) reduce the rate at which the Utilities Tax is collected or the persons from whom it is collected. (e) Enforcement of Collections. The City will diligently enforce and collect the Utilities Tax, will take steps, actions and proceedings for the enforcement and collection of such Utilities Tax as shall become delinquent to the full extent permitted or authorized by law, and will maintain accurate records with respect thereof. (f) Budget and Other Financial Information. The City shall demonstrate in each annual budget that there are sufficient proceeds of the Utilities Tax to pay the principal of and interest on the 1996 Bonds and 1998 Bonds and Senior Obligations coming due in such fiscal year. The City shall, upon the request of the Bank, provide the Bank with a copy of its annual budget and such other financial information regarding the City as the Bank may reasonably request. SECTION 3.5 REMEDIES OF BONDHOLDER. Subject to the provisions of Section 4 of the Agreement, should the City default in any obligation created by this Resolution, the Bondholders may, in addition to any remedy set forth in this Resolution, either at law or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or granted and contained in this Resolution, and may enforce and compel the performance of all duties required by this Resolution, or by any applicable statutes to be performed by the City or by any officer thereof. The City hereby agrees with the Bondholders that the filing of any bankruptcy or insolvency under any federal or state law by or against the City which is not dismissed with prejudice within 30 days of such filing shall give the Bondholders the right to exercise any of the remedies provided to them under this Section 3.5. In addition, if the City shall breach any of its WPB/SANFORDS/197347/489vO3!.DOC/9/I 1/98/16787.010600 1,5 obligations set forth in the Original Resolution the Bondholders will have the right to exercise any of the remedies provided to them under this Section 3.5. Notwithstanding anything in this Section 3.5 to the contrary the Bondholders' right to exercise any remedy permitted hereunder shall be subordinate in all respect to the rights of the owners of the Senior Obligations. SECTION 3.6 APPLICATION OF 1998 BONDS PROCEEDS. The proceeds of the 1998 Bonds shall be used to provide permanent financing for the costs of the 1998 Project. The City may replace all or a portion of the 1998 Project for any other capital project permitted under the Act; provided that Bond Counsel shall first deliver to the City and the Bank an opinion to the effect that such substitution will not adversely affect the exclusion of interest on the 1998 Bonds from gross income for federal income tax purposes. SECTION 3.7 DISCHARGE AND SATISFACTION OF 1998 BONDS. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the 1998 Bonds in any one or more of the following ways: (a) by paying the principal of and interest on the 1998 Bonds when the same shall become due and payable; or (b) by depositing in the Debt Service Fund or such other accounts as the City may hereafter create and establish by resolution moneys sufficient at the time of such deposit to pay the 1998 Bonds and all interest thereon as the same become due on said 1998 Bonds on or prior to the maturity date thereof; or (c) by depositing in the Debt Service Fund or such other accounts as the City may hereafter create and establish by resolution (which Debt Service Fund or other account and all moneys and securities deposited therein shall be irrevocably pledged to the Bondholders for the payment of the 1998 Bonds and all interest thereon) moneys which, when invested in Defeasance Obligations, will provide moneys which shall be sufficient to pay the 1998 Bonds and, all interest thereon as the same shall become due on said 1998 Bonds on or prior to the Maturity Date thereof. Upon such payment or deposit in the amount and manner provided in this Section 3.7, the 1998 Bonds shall no longer be deemed to be outstanding for the purposes of this Resolution and all liability of the City with respect to the 1998 Bonds shall cease, terminate and be completely discharged and extinguished, and the Bondholders shall be entitled for payment solely out of the moneys or securities so deposited. SECTION 3.8 ADDITIONAL OBLIGATIONS. The City covenants with the Bondholders that as long as the 1998 Bonds issued under this Resolution are outstanding, it will not issue any Senior Obligations or any Parity Obligations (collectively referred to as "Utility Tax Debt") unless the following conditions are complied with. (a) The City must be current in all deposits into the various funds and accounts and all payments required to have been theretofore deposited or made by it under the provisions of the Original Resolution, 1996 Resolution and this Resolution, and any supplemental resolutions hereafter adopted for the issuance of Utilities Tax Debt, and has complied with the covenants and provisions of the Original Resolution and this Resolution, and any supplemental resolutions hereafter adopted for the issuance of Utilities Tax Debt. WPB/SANFORDS/! 97347/489v03!.DOC/9/I 1/98/16787.010600 'J 6 (b) The Utilities Tax proceeds collected by the City during any twelve (12) consecutive months of the eighteen (18) months immediately preceding the issuance of said Utilities Tax Debt, as evidenced by a certificate executed by the Finance Director of the City and as may be adjusted, as hereinafter provided, will be equal to one hundred twenty-five per centum (125%) of the maximum annual debt service on (1) the Senior Obligations issued pursuant to the Original Resolution then outstanding, (2) the outstanding 1996 Bonds and 1998 Bonds heretofore issued, less any repayments of principal made by the City, and (3) the Utilities Tax Debt then proposed to be issued; provided that for the purpose of determining the maximum annual debt service under this Section, the interest rate on variable or adjustable rate Utilities Tax Debt then outstanding shall be the greater of (i) the average daily interest rate on such variable or adjustable rate Utilities Tax Debt during the preceding Fiscal Year, or (ii) the actual rate of interest applicable to such variable or adjustable rate Utilities Tax Debt on the date of issuance of such variable or adjustable rate Utilities Tax Debt; and provided further, that if variable or adjustable rate Utilities Tax Debt is to be issued, the interest rate thereon for purposes of this paragraph shall be calculated in accordance with the 30-year Revenue Bond Index, as published by The Bond B~Jyer as of the last week of the month preceding the date of issuance of such variable or adjustable rate Utilities Tax Debt, or if that index is no longer published, the interest rate as of the last week of such month, as published in an index that is deemed to be substantially equivalent. If the City, prior to the issuance of the proposed Utilities Tax Debt shall have, by amendment or supplement to the Utilities Tax Ordinance, increased the Utilities Tax to be collected, the Utilities Tax proceeds for the twelve (12) consecutive months immediately preceding the issuance of the Utilities Tax Debt shall be adjusted to include the Utilities Tax proceeds which would have been collected by the City in such twelve (12) consecutive months as if such increase in the Utilities Tax had been in effect during all of such twelve (12) consecutive months. (c) In the event any Utilities Tax Debt is issued for the purpose of refunding any Utilities Tax Debt then outstanding, the condition of paragraph (b) above shall not apply, provided that the issuance of such Utilities Tax Debt shall result in a reduction or shall not increase the annual debt service payments in any year over the life of the Utilities Tax Debt so refunded. For purposes of paragraph (b) set forth above, the principal component of the maximum annual debt service on any outstanding Utility Tax Debt or Utility Tax Debt proposed to be issued where principal is payable only at final maturity shall be determined by using the Amortization Assumption. ARTICLE IV MISCELLANEOUS PROVISIONS SECTION 4.1 MODIFICATION OR AMENDMENT. Except as provided in the next succeeding paragraph, no modification or amendment of this Resolution or of any resolution amendatory thereof or supplemental thereto, may be made without the consent in writing of all of the Bondholders. This Resolution may be amended, changed, modified and altered without the consent of the Bondholders, (i) to cure any ambiguity, correct or supplement any provision contained herein which may be defective or inconsistent with any other provisions contained herein, (ii) to provide other changes which will not adversely affect the interest of such Bondholders, or (iii) to WPB/SA NFORDS/197347/489v03!.DOC/9/11/98/16787.010600 17 maintain the exclusion of interest on the 1998 Bonds from gross income for federal income tax purposes. SECTION 4.2 ADDITIONAL AUTHORIZATION. The Mayor, the City Manager, the Finance Director, the Treasurer and any other proper official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. SECTION 4.3 SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of this Resolution or of the 1998 Bonds issued hereunder. SECTION 4.4 REPEALER. All resolutions and orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall take effect upon its passage in the manner provided by law. SECTION 4.5 EFFECTIVE DATE. This Resolution shall be effective immediately upon its adoption. Passed and adopted in regular session on this 15th day of S~tpte. mber, 1998. Attest: Cit~' 'Clerk ..... The foregoing resolution and the form of 1998 Bond therein contained are hereby approved by me as to form, language and execution this 15th day of September, 1998. City Attorney WPB/SANFORDS/197347/489v03[.DOC/9/11/98/! 6787.010600 Exhibit A LINE OF CREDIT AGREEMENT Dated as of September 1, 1998 WHEREAS, SunTrust Bank, South Florida, N.A. (the "Bank"), has offered to make a closed-end line of credit (the "Line of Credit') available to the City of Delray Beach, Florida (the "City"), in the principal amount of not exceeding $350,000 under which the City may, from time to time, make drawings; and WHEREAS, the City of Commission of the City of Delray Beach, Florida on September 15, 1998, adopted Resolution No. 56-98 (the "1998 Bond Resolution") authorizing the issuance of not exceeding $350,000 in aggregate principal amount of City of Delray Beach, Florida Utilities Tax Revenue Bonds, Subordinate Series 1998 (the "1998 Bonds") which 1998 Bonds shall represent the City's obligation to reimburse the Bank for drawings made under the Line of Credit; and WHEREAS, the City and the Bank find it necessary to enter into this Agreement, to acknowledge the terms and provisions of the 1998 Bond Resolution adopted by the City and the extension of the Line of Credit by the Bank. NOW THEREFORE, the City and the Bank hereby agree as follows: 1. That the Bank shall make immediately available to the City, pursuant to the terms and provisions of the 1998 Bond Resolution, the Line of Credit in an aggregate principal amount of not exceeding $350,000 which shall be available to the City in one or more drawings prior to June 1, 1999. 2. That the Line of Credit shall expire on May 31, 1999. The outstanding principal amount of all drawings with interest thereon, shall become due and payable in accordance with the terms and provisions of the 1998 Bond Resolution. 3. That the Bank hereby accepts the terms and conditions set forth in the 1998 Bond Resolution applicable to the Line of Credit. 4. The City and the Bank, for mutual consideration, each acknowledged to be received by the other party hereto, mutually and willingly waive the right to a trial by a jury in connection with any and all claims by any party hereto against the other arising from or in connection with the transactions contemplated by this Agreement or the 1998 Bond Resolution. WPB/SANFORDS/197347/489vO1!.DOC/9/1 ]/98/16787.010600 A.-1 WPB/SA NFORD$/197347/489v03!. DOC/9/11/98/15787.010600 5. The Bank represents to the City that it is not purchasing the 1998 Bonds with a view to distributing the 1998 Bonds. SUNTRUST BANK, SOUTH FLORIDA, N.A. By: Title: Date: September 25, 1998 (SEAL) CITY OF DELRAY BEACH, FLORIDA Attest By: Title: Date: September25, 1998 City Clerk WPB/SANFORDS/197347/489v01LDOC/9/11/98/16787.010600 A-2 WPB/SA NFORDS/197347/489vO3!.DOC/9/11/98/16787.010600 Exhibit B FORM OF 1998 BOND No. R- UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF DELRAY BEACH, FLORIDA Utilities Tax Revenue Bond, Subordinate Series 1998 Inter(~st Rate Maturity Date Dated Date 4.49% June 1, 2013 September 25, 1998 Registered Owner: SunTrust Bank, South Florida, N.A. Principal Amount: Three Hundred Fifty Thousand Dollars ($350,000.00) ......................... KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach (the "City") in Palm Beach County, Florida, for value received, hereby promises to pay from the sources herein mentioned, to the Registered Owner specified above or registered assigns on the Maturity Date specified above or earlier upon mandatory prepayment as provided below, upon the presentation and surrender hereof at the City's Finance Department or (if so determined by the City) the designated trust office of the bank or trust company appointed by the City to act as paying agent (said City's Finance Department or such bank or trust company and any bank or trust company becoming successor paying agent being herein called the "Paying Agent"), the Principal Amount stated above with interest thereon at the Interest Rate specified above (unless interest on this Bond is converted to the Prime Rate (as defined in the Resolution) in the manner provided in the Bond Resolution) calculated on the basis of the actual number of days elapsed in a 365/366-day year, on each Payment Date in the manner specified in the within described Resolution to the registered owner. The Principal Amount and accrued interest thereon is payable in any coin or currency of the United States of America, which, on the date of payment thereof, shall be legal tender for the payment of public and private debts. This Bond is authorized to be issued in a principal amount of $350,000 under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including, particularly, Chapter 166, Florida Statutes, as amended and supplemented, the Charter of the City of Delray Beach, Florida, as amended and supplemented, and other applicable provisions of law (the "Act"), and Resolution No. 56-98, duly adopted on September 15, 1998 (the "Bond Resolution"), as such resolution may be further amended and supplemented from time to time, and is subject to all terms and conditions of said resolution. Any term used in this Bond and not otherwise defined, shall have the meaning ascribed to such term in the Bond Resolution. WPB/SANFORDS/197347/489v02!.DOC/9/I 1/98/16787.010600 certified and recited that all acts, conditions and things required to exist, to performed, precedent to and in the issuance of this Bond exist, have been performed in regular and due form and time as required by the Laws State of Florida and the Charter of the City applicable thereto, and that Bond, is in full compliance with all constitutional or statutory limitations or not be valid or become obligatory for any purpose or be entitled to any under the Bond Resolution until the certificate of authentication hereon shall authorized officer of the Registrar. otherwise provided in the Bond Resolution in the event of a Determination of shall bear interest at the Interest Rate. only be payable on December 1, 1998, and each June 1 and December 1 on the Bonds shall be payable each June 1 commencing June 1, 1999 forth below as such amounts may be adjusted as provided in the Bond outstanding principal of the Bonds have been paid; provided that if such Sunday or legal holiday in Palm Beach County, Florida, the payment shall succeeding business day (each a "Payment Date"). The principal of and shall be secured solely by and payable from the Pledged Revenues (as D~te Amount 1999 $18 000.00 2000 18 000.00 2001 18 000.00 2002 19 000.00 2003 20 000.00 2004 21 000.00 2005 22 000.00 2006 23 000.00 2007 24 000.00 2008 25 000.00 2009 26 000.00 2010 27 000.00 2011 29 000.00 2012 29 000.00 2013 31.000.00 TOTAL $350,000.00 Resolution" shall mean Resolution No. 98-91, adopted by the City Commission as amended and supplemented. shall mean the City's outstanding Utilities Tax Revenue Bonds, 1996, issued pursuant to the 1996 Resolution. WPB/SANFORDS/197347/489vO2!.DOC/9/11/98/16787.010600 S-2 "1996 Resolution" shall mean Resolution No. 79-96, adopted by the governing body of the City on November 5, 1996. "Pledged Revenues" shall mean all moneys on deposit in the Debt Service Fund (created and established under the Bond Resolution) derived from the proceeds of the Utilities Tax required to be deposited therein each month after the deposits required by Article III, Section 4.D of the Original Resolution have been made by the City, subject to the prior lien on such moneys for the payment of the Senior Obligation. "Utilities Tax" shall mean the tax imposed by the City on each and every purchase in the City of electricity, metered and bottled gas (natural liquified petroleum gas or manufactured) and telecommunication services. Said term shall also apply to all taxes imposed by the City on the purchase of utility services, whether levied in the amounts prescribed by the Utilities Tax Ordinance or in any other amounts and whether imposed on the purchase of the same utilities services or any other or additional utilities services, either by amendment to the Utilities Tax Ordinance or otherwise. "Utilities Tax Ordinance" shall mean all proceedings imposing the Utilities Tax, including Ordinance No. 535 of the City adopted on July 9, 1945, as amended, and every supplementary ordinance or other ordinance in lieu thereof as may hereafter be adopted. The City may prepay this Bond in whole or in part, at any time or from time to time, without penalty or premium, by paying to the registered holder all or part of the principal amount of this Bond, together with the unpaid interest accrued on the amount of principal so prepaid to the date of such prepayment. Each prepayment shall be made on such date and in such principal amount as shall be specified by the City in a written notice delivered to the registered owner not less than two (2) business days prior thereto. Notice having been given as aforesaid, the principal amount stated in such notice or the whole thereof, as the case may be, shall become due and payable on the prepayment date stated in such notice; and the amount of principal shall be paid (i) in case the entire unpaid balance of the principal of this Bond is to be paid, upon presentation and surrender of the Bond to the office of the Paying Agent (designated corporate trust office, if the Paying Agent is not the City's Finance Department), and (ii) in case only part of the unpaid balance of principal of this Bond is to be paid, upon presentation of such Bond at the office of the Paying Agent (designated corporate trust office, if the Paying Agent is not the City's Finance Department) for notation thereon of the amount of principal then paid or for issuance of a replacement Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above, if all of the Bonds are registered in the name of the Bank, a partial prepayment may be effected by payment to the Bank of the principal without surrender of this Bond. If, on the prepayment date, funds for the payment of the principal amount to be prepaid shall have been provided to the Paying Agent, as above provided, then from and after the prepayment date interest on such principal amount of this Bond shall cease to accrue. If said funds shall not have been so paid on the prepayment date with respect to principal and on the next succeeding Payment Date with respect to interest, the principal amount of the Bond shall continue to bear interest until payment thereof at the Interest Rate provided for herein. WPB/SANFORDS/197347/489v02!.DOC/9/I 1/98/16787.010600 B-3 This Bond shall not be and shall not constitute an indebtedness of the City within the meaning of any constitutional, statutory, charter or other limitations of indebtedness but shall be secured solely by and payable from the Pledged Revenues on a parity with the 1996 Bonds. No Holder of this Bond shall ever have the right to compel the exercise of ad valorem taxing power of the City, or taxation in any form of any real property therein to pay the Bond or the interest thereon. The terms and provisions of the Bond Resolution are incorporated in this Bond as though such terms and provisions have been set out in full herein. THE LIEN GRANTED IN FAVOR OF THE REGISTERED OWNER OF THIS BOND ON THE PROCEEDS OF THE UTILITIES TAX SHALL BE JUNIOR AND SUBORDINATE AS TO THE MEN GRANTED IN FAVOR OF THE HOLDERS OF THE SENIOR OBLIGATIONS ON THE UTILITIES TAX PROCEEDS AND IN ALL OTHER RESPECTS TO THE PLEDGE AND LIEN GRANTED TO SUCH HOLDERS OF THE SENIOR OBLIGATIONS. IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Bond to be signed by its Mayor, either manually or with his facsimile signature, and the seal of the City Commission of the City of Delray Beach, Florida, to be affixed hereto or imprinted or reproduced hereon, and attested by the Clerk of the City, either manually or with her facsimile signature, and this Bond to be dated the Dated Date set forth above. (SEAL) CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Mayor Clerk of the City of Delray Beach, Florida WPBISANFOEDS/197347/489vO2!.DOC/9/I 1/98/16787.010600 B-4 FORM OF CERTIFICATE OF AUTHENTICATION Date of Authentication: September 25. 1998 This Bond is the Bond delivered pursuant to the within mentioned Resolution. CITY OF DELRAY BEACH Finance Department, as Registrar By: Authorized Officer W PB/SA NFOEDS/'i 97347/489v02!.DOC/9/11/98J'~ 6787.010600 B-5 ASSIGNMENT FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto (please print or typewrite name, address and tax identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: In the presence of: NOTICE: The signature to this assignment must correspond with the name as written upon the face of the within Bond in every particular, without alteration or enlargement, or any change whatever. WPB/SANFORDS/t 97347/489v02! .DOC/9/11/98/16787.010600 B-6 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) I, Alison MacGregor Harty, do hereby certify that I am the duly qualified City Clerk of the City of Delray Beach, Palm Beach County, Florida. I further certify that the above and foregoing constitutes a true and correct copy of the minutes of a meeting of the City Commission of said city held on September 15, 1998, and of a resolution adopted at said meeting, as said minutes and resolution are officially of record in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of the City of Delray Beach this 15th day of September, 1998. City Clerk (SEAL) WPB/SANFORDS/197347/489vO2!.DOC/9/! 1/98116787.010600 B-7 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~/~J( SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF SEPTEMBER 15, 1998 B I D AWARD FOR RENOVAT IONS TO THE RE CORD S STORAGE FACILITY DATE: SEPTEMBER 10, 1998 This is before the Commission to make a determination that the low bid received for the referenced project is non-responsive and award the bid to the second low bidder, Republic Construction & Development Corp., in the amount of $20,460.00. The project scope involves the installation of an office and restroom within the records facility, along with electrical and mechanical modifications as per plans and specifications. The architect's estimate for the work was $25,000. Ten bids were received for the project and the bid opening was held on August 25th. The apparent low bid was from Benchmark Construction & Development in the amount of $14,010.00, some $6,450.00 lower than the number two bid and $10,990.00 lower than the architect's estimate. Staff has not been able to contact Benchmark to review the scope and value of work and, after careful consideration, has determined the bid to be non-responsive. Therefore, the recommendation is to award the bid to Republic Construction & Development Corp. as the lowest responsive bidder in the amount of $20,460.00 for the renovations to the records storage facility, based on a finding that the apparent low bid is non-responsive. Funding for the project will be from 334-6112-519-62.24 (General Construction Fund - Renovation Records Storage Building). ref:agmemol7 Agenda Item No. /1'/ AGENDA REQUEST Date: September 3, 1998 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: September 15, 1998 Description of item (who, what, where, how much): Staff request the City Commission approve a construction contract with Republic Construction & Development Corp., the second Iow bidder, in the amount of $20,460.00, for the construction of interior renovations at the Records Storage Warehouse. Staff also requests City Commission to reject the lowest bid; their bid being non-responsive. Funding is available from the General Construction Fund, Renovation Records Storage Building, account No. 334-6112-519-62.24. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve a construction contract with Republic Construction & Development Corp., in the amount of $20,460.00 for construction of interior renovations to the Reco~r~ Storage~arehouse,,1 Department head signature: ~,_,,~c~.-' -- [~~ ~'- ~'- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r~:p~d on all items involving expenditure of funds): Funding available~O __ Funding altematives-(if applicable): Account No. & Description 334-6112-519-62.24 General Construction Fund, Renovation Records Storage Building Account Balance ~ ,~. g3.. City Manager Review: Approved for agenda: ~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\97022~agreq922 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Victor Majtenyi ~/~'~'~[ Assistant Construction Manager Date: September 03, 1998 Subject: AGENDA REQUEST for 9/15/98 Records Storage Warehouse Project No. 97-022 Attached is an Agenda Request for City Commission approval of award of contract to Republic Construction & Development Corp., for the construction of interior renovations to the Records Storage Warehouse. The renovations consist of building a 10' x11' office, a restroom, and a waist-high counter/cabinet workspace. Also included, associated modifications to the mechanical and electrical systems. On Tuesday, August 25, 1998, the City opened bids for this project, with the lowest bid at $14,010.00 from Benchmark Construction & Development Corporation. This bid, however, is $6,450.00 lower than the number two bid and $10,990.00 lower than the architect's estimate. Staff has been unsuccessful in contacting this bidder to review scope and value of work. After careful consideration, staff regards this bid as non-responsive. Therefore, Republic Construction & Development Corporation is the lowest responsive bidder in the amount of $20,460.00. A copy of the bid tabulation is attached for your review. A check of the contracto(s references proved favorable. Staff recommends the City Commission reject the lowest bid and approve an award of construction contract to the second bidder, Republic Construction & Development Corporation, in the amount of $20,460.00 for the renovations to the Records Storage Warehouse. Funding is available from 334-6112-519-62.24, General Construction Fund/Renovation Records Storage Building. cc: Barbara Garito, Deputy City Clerk Howard Wight, Deputy Director of Construction File 97-022 (A) s\...\97022~agmem915 Agenda Item No,: 7fY- AGENDA REQUEST Date: September 10~ 1998 Request to be placed on: XX R~a= Agenda Special Agenda Workshop Agenda When: September 15~ 1998 Description of agenda item (who, what, where, how much): Bid Award- Bid #98-45 - Landscape Maintenance Atlantic HiKh School Multi-Purpose Fields - award to low responsive bidder. Haverland Blackrock Corp. ~. at an est~mmtmd ann~,al cost of $45.450. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Haverland Blackrock Corp. for an estimated annual cost of $45,450 for landscape maintenance of Atlantic High School Multi-Purpose Fields. Funding from account code 001-4131-572-34.90 (1998/99 budKet). Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO )~~ -~J~'~--~ ~ ~/l~/~~ Funding alternatives: (f-~pplicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda:Hold U~til: ~ NO l~/ ').~~ ~~- Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor ~ THROUGH: Joseph Safford, Finance Director DATE: September 10, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING SEPTEMBER 15, 1998 - BID AWARD BID #98-45 - LANDSCAPE MAINTENANCE ATLANTIC HIGH SCHOOL MULTI-PURPOSE FIELDS Item Before Commission: City Commission is requested to approve the award of Bid #98-45 to the low responsive bidder, Haverland Blackrock Corp., for an estimated annual cost of $44,450. Background: The Parks and Recreation Department has a need for an annual contract for landscape maintenance services for Atlantic High School multi-purpose fields. Bids were received from six (6) vendors all in accordance with City purchasing policies and procedures. (Bid #98-45. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Director of Parks and Recreation and Park Superintendent have reviewed the bids received and recommend award to third low bidder, Havefland Blackrock Corp. See attached memo dated September 10, 1998. Recommendation is to award to third low bidder, as the low bidders' past performance with the City was rated as poor, and the reference received from City of Boca Raton was not favorable. Award was not recommended to the second low bidder as his experience is mostly related to tree work and mowing of right-of-ways and not the type of maintenance service required in the specifications of this bid and, the vendor does not have the required equipment to maintain Bermuda grass. Recommendation: Staff recommends the award to low responsive bidder, Haverland Blackrock Corp., at an estimated annual cost of $45,450. Funding from account code 001-4131-572-34.90 (1998-99 budget). Attachments: Tabulation of Bids Memo From Director Parks And Recreation DELRAY BEACH parks 6 Recreat,on TO: Jackie Rooney, Purchasing Supervisor THROUGH: Joe Weldon, Director of Parks and Recreation ~,~ FROM: Ray Eubank, Parks Superintendent~ DATE: September 10, 1998 SUBJECT: Landscape Maintenance- Bid #98-45 I would recommend Haverland Blackrock Corporation be awarded the maintenance contract for Atlantic High School multi-purpose field. They were not the low bidder but they are the most qualified for several reasons. Their corporation has an extensive background in Bermuda grasses including production, installation and maintenance. The City of Delray has utilized the corporation for the installation and grow-in of athletic fields and they proved to be very reliable and responsive. Tare Landscape was the lowest bidder. When ! checked their references, Mr. Lowell Slowalter, from the City of Boca Raton, said that they did not renew Tare's contract because it required constant supervision to assure that work was done properly and in a timely manner. In 1992 Tare had the contract with the City for West Atlantic Avenue and NE 8th Street. Initially we had problems with poor performance and we had to constantly contact the company to get maintenance done. In 1994 we did not renew a contract with Tare because of problems with their level of service. Thomas Enterprise was second lowest bidder. In checking his references I found that Mr. Thomas' experience to be mostly related to tree work and mowing of right-of-ways. In addition he does not have the proper equipment to maintain Bermuda grass. copy: David T. Harden, City Manager RE/sb 50 Northwest 1st Avenue · Delray Beach, Florida 33444 (561) 243- 7250 · Fax' (561) 243-7268 CITY OF DELRAY BEACH TABULATION OF BIDS BID #98-45 LANDSCAPE MAINTENANCE ATLANTIC HIGH SCHOOL MULTI-PURPOSE FIELDS JULY 14, 1998 TARE THOMAS HAVERLAND VENDORS: LANDSCAPE ENTERPRISE BLACKROCK CORP. TOTAL LUMP SUM FOR ONE YEAR LANDSCAPE MAINTENANCE MULTI-PURPOSE FIELDS ATLD~NTIC HIGH SCHOOL $ 39,900.00 $ 42,360.00 $ 44,450.00 CHEMICAL APPLICATIONS TO BE APPLIED LAWNS BY ACCURATE JOHATUJ%N BY: DELUXE, PEST CONTROL LLALEMENT, B & M ALWAYS MICHALE MOORE GREEN LAWNS COMMENTS / EXCEPTIONS EQUIPMENT LIST EQUIPMENT LIST SUBMITTED WITH SUBMITTED WITH BID PACKAGE BID PACKAGE CITY OF DELRAY BEACH TABULATION OF BIDS BID #98-45 LANDSCAPE MAINTENANCE ATLANTIC HIGH SCHOOL MULTI-PURPOSE FIELDS JULY 14, 1998 DELRAY GARDEN HINES ISS LANDSCAPE VENDORS: CENTER / LANDSCAPING MANAGEMENT TROPICAL DESIGN INC. SERVICES TOTAL LUMP SUM FOR ONE YEAR LANDSCAPE MAINTENANCE MULTI-PURPOSE FIELDS ATLANTIC HIGH SCHOOL $ 45,000.00 $ 49,449.00 $ 49,600.00 CHEMICAL APPLICATIONS TO BE APPLIED IPM INTEGRAGED HINES ISS LANDSCAPE BY: PLANT LANDSCAPING MANAGEMENT MANAGEMENT INC. SERVICES GREEN LAWNS (LICENSED) COMMENTS / EXCEPTIONS EQUIPMENT LIST EQUIPMENT LIST SUBMITTED WITH SUBMITTED WITH BID PACKAGE BID PACKAGE DELRAY BEACH Delray Beaeh Poliee Department NI-AmedcaCity (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: Nilza Madden, Executive Assistant Agenda Coordinator FROM: Joseph L. Schroeder, Major ))~ Deputy Chief of Police DATE: September 11, 1998 SUBJECT: PEDI-CAB SERVICE Our records indicate that in the past six months there has been only one reported accident involving a pedi-cab. The accident occurred on July 19, 1998 at 12:28 a.m., at the East Atlantic Avenue bridge. According to a passenger in the pedi- cab, the vehicle approached the pedi-cab rapidly as the pedi-cab slowed while climbing up the bridge incline. There was a hit and run accident and we were unable to identify the driver so further information could not be obtained. The Police Department remains opposed to allowing pedi-cabs to operate on a day to day basis along East Atlantic Avenue. Pedi-cabs present a safety concern as to the risk of accidents as well as a traffic concern regarding the impedance of traffic. The use of pedi-cabs during special events would not be a concern since traffic flow is usually restricted and there is a heightened awareness of pedestrian traffic. If additional information is needed, please contact me directly at extension 7859. A copy of the accident report is attached. £1TV OF OELRI:IY BEACH CITY ATTORNEY'S OFFICE '"' TELEPHONE 561/243-7~ DELRAY BEACH ~ MEMORANDUM Ail.America City 1~,,,l'"'''' DATE: $¢ptcmbcr3~ 1995 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Settlelnent of Dobard v. City of Delray Beach, et al This case arises out of a slip and fall accident that occurred at the Pompey Park gymnasium during the Roots Cultural Festival on August 6, 1995. The Plaintiff alleged that while he was attempting to do a lay-up he fell and tore his patellar tendon in his left knee. He alleged that the reason for his fall was because ofa def'ect in the gym floor. Plaintiff received surgery and was required to wear a cast tbr approximately 5 weeks after the surgery. The Plaintiff incurred lost wages and approximately $8,700.00 in doctor's bills. Plaintiff has been advised by his orthopedic surgeon that further surgery may be required. The Plaintift', through his attorney, has offered to settle this case for $35,000.00, which includes all attorney's tees and costs. The suit against the Roots Cultural Festival will be dismissed. If the Commission accepts this offer, the City Attorney's Office will obtain a complete release from the Plaintiff. Our office recommends acceptance of this offer. The City's Risk Manager, Frank Babin, and Steve Hanzman, adjuster for Gallagher Bassett, concur in our recommendation. By copy of this memo to David Harden, City Manager, our office requests that this matter be placed on the September 15, 1998 City Commission agenda. Please call if you have any questions. cc: David Harden, City Manager Alison Harty, City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~'] SUBJECT: AGENDA ITEM ~ -REGULAR MEETING OF SEPTEMBER 15, 1998 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD DATE: AUGUST 14, 1998 The terms for Betty Diggans, Vera Farrington, Susan Hurlburt and John Johnson expired on August 31, 1998. Mrs. Farrington had served two full successive terms and was not eligible for reappointment. Ms. Diggans, Mr. Johnson and Ms. Hurlburt were reappointed to the board on August 18, 1998, by Mayor Alperin, Commissioner Schmidt and Commissioner Egan, respectively. Commissioner Ellingsworth deferred his appointment to the next regular meeting. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. In addition, the City Commission shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, planning, archaeology, or other historic preservation related fields such as design, urban planning, American studies, American civilization or cultural geography, provided there are applicants available. Laypersons of knowledge, experience and judgment having an interest in historic preservation should compose the balance of the membership. Further, preference should be given to professional and lay people who own property within historic districts or whose property is listed in the Local Register of Historic Places. The list of applicants is attached for review. A check for code violations and/or municipal liens was conducted. None were found. The appointment will be made by Commissioner Ellingsworth (Seat #3). Recommend appointment of a member to the Historic Preservation Board for a two year term ending August 31, 2000. ref:agmemo2 Appointment to the Historic Preservation Board City Commission Reqular Meetinq of September 15, 1998 The following individuals have submitted applications for consideration: Owns DroDert¥ in an historic district: Cecil A. Jamison (architectural drafting; Del-Ida Park) Mary Lou Jamison (interior design courses; Del-Ida Park) Frank Rozzo (layperson; Old School Square) Other apDlicants: Bonnie Ansbacher (interior design) Janet Baron (layperson; real estate background) Barbara Brown Ron Brito (currently serving on BCA) Gloria Elliott (layperson) Joe Farkas (loan officer; layperson) Bernard Federgreen (retired) Sharon Fowler (currently serving on SPRAB) Ruth Hauser (geography/planning degree) Robert L. Hornung, III (cosmetologist) Allen Huntington (currently on Civil Service Board) George Maso Jones (layperson; realtor) Gail Lee-McDermott (art major; architectural courses) Ralph Morse (layperson; photography) Randee S. Schatz (attorney & realtor) Rhonda Sexton (interior design) Thuy Shutt (currently serving on SPRAB) Carmelita Smith (teacher; currently on the Affordable Housing Advisory Committee) Timm R. Sweeney (marketing) Terrence Turbyfill (swap shop owner; currently on Affordable Housing Advisory Committee) Gregory E. Young (attorney) .... R~7'~~ NI-AmedcaCity Ple~e ~e ~ ~t ~e follo~ng i~o~atiofl: 1993 1. L~N~: Nme Midff~ Initial 2. Home Ad. ss: Ri~ ' q ~ S~te Zip Code 3. Legal R~dence - Ci~ S~te Zip Code 4. P~cip~ Bm~ess Ad&ess: Ci~ State Zip Code 5. Home Phone: (% ! ) } ~ ~_ T I cB Business Phone: ( ) 6. w~at ~o~(s) ~ you interested in se~in¢ ~_~ , ~ ~ ~ ,' ,' c~ [ '~ ,~ J;, ~ e ;~ ~, r ~ 7. List all Ci~ ~ds on which you a~ cu~ently ~ing or have previously se~ed: (Please include dines) 8. Educational qualifications: 9. List any relat~ professional certifications and licenses which you hold: 10. Give your present, or most recent employer, and position: 11. Describe expexiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. S~ClTYCLEP. K ~1~ OARD'uM~LICATION Note: This application will remain on file in the City Clerk's Office for a period 0£2 years from the date it was submitted. It will be the appli¢~¢s responsibility to ensme that a ¢~rrent application is on file. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM~ ~- REGULAR MEETING OF SEPTEMBER 15, 1998 APPOINTMENTS TO THE BOARD OF ADJUSTMENT DATE: SEPTEMBER 11, 1998 At the August 18th meeting, Michael Goldman and Anne Hoctor were appointed as regular members to the Board of Adjustment, creating vacancies for two alternate members to fill their unexpired terms ending August 31, 1999. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. The following have submitted applications for consideration: Barbara Brown Michael Eisenrod Bernard Federgreen Craig Jackson Leo Koppman George Maso-Jones Marion Knott McIntyre (currently on Parking Management Advisory Board as citizen-at-large member) Benjamin Ricker Randee Schatz Roger Simon Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointments will be made by Commissioner Schmidt (Seat #1) and Commissioner Egan (Seat #2). Recommend appointment of two alternate members to the Board of Adjustment to fill unexpired terms ending August 31, 1999. ref: agmemo3 ';' ... · ?leas* type or pdnt the following iuformatlo~: 1993 ' 3. ~g~ ~ ' '' ' . Resi ~ne~ _ S~e Zi~ Code · .~: ... <:.~~ '- ~~ .:. ~' ' ,,', ...... ~ ...... ~ ............. ~ , - 6::'., ~at B,~rd(s) at,Woe)he,rested i~ ~l~jng?_ ' i-O.~iVeyo'~,'e~el~(or ~ecen't emplsYer, and ~sition:~ I hereby '~ertify thee el! the above sta, tements 'ere true, and I agree and unde;~tand thee'any' m¢sstatement of material facts contained in this application may cause forfeiture ORan rn'y part of any appointment I may receive. ' PWD..iDW PO;{ RESUME GEORGE MASO, JONES, EDUCATION: ' ' Undergraduate Degree in Law University of Uruguay' University o$ Uru$uay ' POst ~¢~r,l Stu~Jfl ~n ~e ~re~ of Business A~m{ni~tra~on, Internat[on~l Be in; forei Relations, Communlc~tio~, Marketing, Me'di~, Pu~licity, ~ore~ Pr~s Center of New York, Me~ber ~tern~on~l Press Ass~tion, ~esfdent-~73-75 Uo. ~u~ ~ternaflonal ASSO~ation, ~oard o~ Directors ~lrt. President of United N~flo~ Lions ~fln A~erie~n Pederation of ~blJe Rel,flons, Member of ~oard U~fversity..fl Illin~, Chica~o, ~linots-Department of Cflm~n~l Justice Guet ~c~mr. Ronda A~anfle University, B~a ~ton, ~orida-lnternational Tr~e Spedalist, Cou~elor ~NGUAGB ~UENCYt · ~&1ish, ~rench, ltalia~, Portu~ese, Spanish I~OFB$$IONAL BXPF. RIENC~ Al consultant, advisor, evaluatot, negotiator, and lrnpalernentor with extensive and diversified experience Jn both public and private sector, in the Middle ~a~t, Tar ~ast, ~urope, North America, an~ Latin America with, for ~d o~ ~half of clients involved in international business ventures. PwI~.~w Pf~4 Areas of experience and expertise are well grounded and iden.:i/ied in international finance, banking, international°bartering, commerce, developer of Industrial pro~ct~ and commerces1 contracts. Trouble ~hooter for government~ ~nd ?d~pendent business in important l~ittva and'delicate ireaJ, . . FRO~SSIONAL I~gNATIONAL INVOLyGMENT: ~fsted ~ put,ns together ~0PABOL ~6up 'between Uruguay, Paraguay and Bolivia.. ~olla~rateg and gevelo~d original scheme and implemented same ~prflenting the government of UrUguay. Personal a~vlsor to ~oltvlan ~esldent Bar~entos. Arrange~ Iinancln~ and s~pplied ~0~ tremors to ~vernmen~ of ~olivia by Titan Tractor,Cut,ration, N~w York. . ~rdinated and implemented a proj~ct o~ hg~sing and apartment complexes for the Munlc~pality ut Montevideo, Uru~'~y. Over a peri~d of five ye~r~, more than 80,000 perKna were able t0.upgrade their hou~ing ~e~onal living c0nditto~. ~ts pro, eot was I Joint effort ~etween Inter Amar{can ~evelopment ~a~ and t~ City of Montevideo. " · Representative of Uruguay to UNESCO Paris, France. Conducted t,e.min~rs in Ie~arrtallsm, mass communication and media strategies. ;' ; Itepre~entat'Ive of EXPO 70 Osaka, Iapan.. Led private a~cl official sectors. Publisher of l'qeWlPaper ~XTRA for "Sdlclones Or{entales Cooperative Pe~cdls~ica" Montevideo, Uruguay. · · S~clal advisor to Dr. Io~e Morn Otero, Mlni~tei' of Foreign Affairs, Uruguay. " · Un{~ed Natione, NYC - Information and press advisor to government of Utmguay. Special ,atdvisor to Amb?5~ador of U. rugu~y to the United Nat'ions. Pwl~M)w POS Spe~ia! appointed r. egotiator for barter of Uruguay shocp/mutton for Kuwait erudl oil. Concluded and implernented two cQntracts in I~7~ arid 1979. Negotiated ]o{nt Venture for production o'~.a~i-pollution chemicals between Gta~ Chemical Corpora~on, New Jer~La~d 8re:il (Petrobras). Nego6ated desali~i~tion pla~t contr¥~. ~etween ~razlltan Government and Rey~l Commission ~ubatl)Xingdom of Saudi Arabl~. Plant completed and on ~tream in ~une I981. . Central ~fgure I~ developing 1~000 unit apartment house project for the ' Muni~pality Of Guay~quil, Ecuador (Barco de'la Vivienda). Specfal assi&nmeRt w~th ITEL Corporation, San ~rancisco, California in ~n]ueetton w~th Mexican Government (CONASUPO) to locate a~d retrieve ~64 railroad ~x cars which had. ~en mis~ing ~or two )'care in Mexico. Special conlulta~t to President Rold~ o~.~cuador to arran&e barter ~twee~ ~rrange l~or seafood products of Mitsui Corpor?tion, Osaka, Iepan by Trans-o- leash Company, NYC for ¢ompreheniive U.$. distribution · Arranged fin&r~cfng for AMESA, Uruguay, for its sugar refinery. ,(USD 27 million, completed 'in three phues). ~so AM~SA, Uruguay have arranged ~ UtD 12 million Io~ with OPIC, Washington, .DC suar~ntee: This transaction ~' wu ~mplet~ ~lthla first quarter of 1~. a Intertec S.A., spgclal consultant to 8razll, Argentina and Uruguay i~ into}hi,oriel finance, ~ankin~ ~r~ trade ~onv~, ~or the new common market. · . $~cial advisor to the ~zt~h ~public in the ireas o~ In~ernstional ~ankin~, I~t~atio~ll Trade, tnd International Relations with Latin America. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER,S"1 SUBJECT: AGENDA ITEM~ - REGULAR MEETING OF SEPTEMBER 15, 1998 APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS DATE: SEPTEMBER 11, 1998 There is currently a vacancy on the Board of Construction Appeals for a member with a background in the real estate business or insurance industry. The term is for two years, ending August 31, 2000. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. Applications have been received from the following: Michael Eisenrod George Maso-Jones Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointment will be made by Commissioner Ellingsworth (Seat #3). Recommend appointment of a member (real estate/insurance position) to the Board of Construction Appeals for a two year term ending August 31, 2000. ref:agmemo4 CITY OF D£LP, AY ~LACH ~OAP, D FIE.~£R AFPLI¢^IION ~L~ ADDRESS (Street. City. Zip Code) ( ~75 ~-o Clearbrook Circle Delra.¥ Beach F1 33445 {~ ~ONI 561-912-9802 IUII~SI ~HO~ 561-73~-65~ ~ ~{ ~O~S ~ TOU X~S~D' ZN ~~~Stustment.site oll~ review an8 appearance board. LIS~ ~L CZ~ ~O~S ON ~ICH YOU ~ ~N~Y SERVING O~ ~V~ PREVIOUSLY ~RV~ (Please include dates) ~oard of Adjueteent 8/92-8/94 ~U~ON~ QU~I~I~TIOKS College GraSuate-accountin~ background~ Licensq,~ ,Deal ~stat~ Broker,2~rs; and Mo:t~a~e Broke[ g years; LIST A~ ILELATED PROF[SSIONAL CERIIFICATION$ A~ LICENSES ~dlCH YOU HOLD Repltor-S~u/h Palm Beach Associa~on of Rea,ltprs 25 yrs;Mtg Brk g years GIV£ TOU~ PRI~S£NT, O~ MOST R~CENT EI~LOY£R, AND ~OSITION Vice President Guardian Companies D[S~BE ~ERIENCES, SKILLS OR ~O~ZDGZ ~ICH QU~IFY YOU TO SERVE ON THIS ~0~ Over 2~..yearG ex~rience i~ the 4evel?~men% and building business from front office tothe sales end PLF,,ASE &TT&CH A ~IEF TION I ~USZ IO ZI RI UPON ~/90 THE COMfANIES Real L~a~e Over 30 years experience with American Revenue Corporation and related companies in acquisition, financing, development, construction and sales in New York, New Jersey and Florida markets. Managed marketinG of numerous developments end has been personally responsible for property sales exceed- /rig $30 million. Professional affiliations include R-PAC, State of Florida; Safe PAC, Florida Atlantic ~ullders Association, Mortgage Brokers Association and Boca Retort Association of Realtors. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~:'l SUBJECT: AGENDA ITEM ~r- REGULAR MEETING OF SEPTEMBER 15, 1998 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: SEPTEMBER 11, 1998 Marguerite (Meg) Eaton's term on the Downtown Development Authority expired on July 1, 1998. Ms. Eaton does not wish to be considered for reappointment. The term is for three years, ending July 1, 2001. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least three of the members must be owners of realty within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. This requirement is currently met by Mr. Listick, Mr. Onnen and Mr. Wheat. The list of applicants is attached for your review. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Mayor Alperin (Seat #5). Recommend appointment of a member to the Downtown Development Authority for a three year term ending July 1, 2001. ref:agmemol8 Appointment to the Downtown Development Authority City Commission Reqular Meetinq of September 15, 1998 The following have submitted applications for consideration: Edward Aptaker Ronald Brito (currently on the Board of Construction Appeals) Barbara Brown Louis Carbone Michael Goldman (currently on the Board of Adjustment) Robert Hornung III Allen Huntington (currently an alternate member on the Civil Service Board) MacArthur Jackson Marion Knott McIntyre (currently on Parking Management Advisory Board/citizen-at-large) Clay Wideman Gregory E. Young MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~U - REGULAR MEETING OF SEPTEMBER 15, 1998 APPOINTMENT TO THE EDUCATION BOARD DATE: SEPTEMBER 11, 1998 The terms for Jerry Marshall, W. Robert Reardon and H. Paul Sayrs expired on July 31, 1998. Mr. Reardon was not interested in being considered for reappointment. Mr. Marshall and Mr. Sayrs were reappointed to the Education on August 18, 1998, by Commissioner Schmidt and Commissioner Egan, respectively. Commissioner Ellingsworth deferred his appointment to the next regular meeting. Members of the Education Board must either be residents of the City or have a child attending Delray Beach public schools, or own property and/or own or operate a business within the City. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The term is for two years, ending July 31, 2000. The following individuals have submitted applications: Barbara Brown Grant Edwards Anne Ford Claire Friedman Cheryl Lee-Bennett Patricia Rowland John Tallentire (currently on Civil Service Board) Gregory E. Young Sylvia Wolf Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointment will be made by Commissioner Ellingsworth (Seat #3). Recommend appointment of a regular member to the Education Board for a two year term ending July 31, 2000. ref:agmemol6 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ ] SUBJECT: AGENDA ITEM /0~- REGULAR MEETING OF SEPTEMBER 15, 1998 RESOLUTION NO. 53-98 (TENTATIVE MILLAGE LEVY ON ALL PROPERTIES IN THE CITY) DATE: SEPTEMBER 11, 1998 Resolution No. 53-98 tentatively levies a tax on all properties in the City of Delray Beach for FY 1999 as follows: 6.91 mills for operation and maintenance of the General Fund 0.79 mills for the payment of principal and interest on bonded indebtedness 7.70 mills Tentative millage rate The tentative millage rate of 7.70 mills is one-tenth of a mill less than FY 1998. The rolled back rate calculated under the TRIM law for operating purposes is 6.61 mills. The tentative millage rate is 4.54% above the rolled back rate. Pursuant to the City's Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. Final adoption of the FY 1999 budget is scheduled for September 22, 1998. ref:agmemol9 RESOLUTION NO. 53-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $6.91 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 1998, and ending September 30, 1999. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $2,974,383,492. The tentative operating millage rate of $6.91 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.61 per one thousand dollars ($1,000.00) by 4.54%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,233,280. There is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.79 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 1998, and ending September 30, 1999, upon the taxable property of the City of Delray Beach, the assessed valuation being $2,974,383,492. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. Section 4. That a public hearing was held on the proposed budget on Septe~er 15, 1998. PASSED ~ ~OPTED in regular session on this the 15th day of Septe~er, 1998. ATTEST: ~City C~rk ' - 2 - Res. No. 53-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~',~z'~ f SUBJECT: AGENDA ITEM /~- REGULAR MEETING OF SEPTEMBER 15, 1998 RESOLUTION NO. 54-98 (TENTATIVE MILLAGE LEVY ON ALL PROPERTIES IN THE DDA TAXING DISTRICT) DATE: SEPTEMBER 11, 1998 Resolution No. 54-98 tentatively levies a tax in the amount of 1.00 mill on all properties w~hin the Downtown Development Authority Taxing District of the City of Delray Beach for FY 1999. This tentative millage exceeds the 0.85 rolled back rate calculated under the TRIM law by 17.65%. A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 1999. Recommend approval of Resolution No. 54-98. Final adoption of the DDA tax levy for FY 1999 is scheduled for September 22, 1998. ref:agmemo21 RESOLUTION NO. 54-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 1998, and ending September 30, 1999. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $121,590,024. The tentative operating millage rate of $1.00 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.85 per one thousand dollars ($1,000.00) by 17.65%. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065(2) (e) (2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That a public hearing was held on the proposed budget on September 15, 1998. PASSED AND ADOPTED in regular session on this the 15th day of September, 1998. ~A~ ATTEST: Jcity C~rk ; 3 CERTIFICATION OF TAXABLE VALUE SECTION I 98 :] Year PALM BEACH County To DELRAY BEACH - D.D.~. ~ of Taudng Authority) (1) Current Year Taxable Value of Real Property for Operating Purposes $. 121,590,024 (2) Current Year Taxable Value of Personal Property for Operating Purposes $. 0 (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes $. 0 (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2). (3) $. 121,590,024 (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $. 1,427,166 Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) $ 120.162.858 (7) Prior Year Final Gross Taxable Value $ 102,420,602 (From Prior Year Applicable Form DR-403 Series) I do hereby certify the values shown herein to be correct to the best of my knowledgezafl'd b~ief. Witness my-hand and official signature at WEST :PA~..~ .~F. ACH ,Florida, thisthe 1 st_~_ _~yof ('i/~tJy /D ,199~ . -- ~ignatur~of Prol'~ rty~ A~'praJ;er TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-. SECTION II (8) Prior Year Operating Millage Levy $ ], t 0000 per $1,000 (9) Prior Year Ad Valorem Proceeds (7)x (8) $ 102.421 (10) Current Year Rolled-Back Rate (9) + (6) $. 0. 8524 per $1,000 - (11) Current Year Proposed Operating Millage Rate $1 1. f)DO~ per $1,000 (12) Check one (1) TYPE of Taxing Authority: ~ County ~ Municipality r'~ Independent ~ Dependent ~ Municipal Service ~ Multi-County ' ' Special District ' ' Special District ' "Taxing Unit ' ' (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (14) Current Year Millage Levy for VOTED DEBT SERVICE $. -0- per $1,000 (15) Current Year OTHER VOTED MILLAGE $ -0- per $1,000 "~ --. [ DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ n/a · & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420) (17) Total Prior Year Proceeds: (9) + (16) $ n/a (18) The Current Year Aggregate Rolled-back Rate: (17) + (6) $ n/a per $1,000 (19) Current Year Aggregate Rolled-back Taxes: (4) x (18) $ n/a (20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal $ n/a Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) + (4) $ n/a per $1,000 (22) Current Year Proposed Rate as a PERCENT CHANGE of Rolled-back Rate: n/a % [(Line 21 + Line 18) - 1.00] x 100 Date, Time and Place of the first Public Budget Hearing: September 15, 1998 at 7:00 p.m. at: City' Hal'l, Cit7' Commission Chambers, 100 N.W. First Avenue, Delray Beach, Florida 33444. I do-hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief, FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official sigr.~atureAt D, elray Beach , Florida, this the . . . day of July ,19 98 /J - {)_...~/ ~ /~ David T. Harden ~ ..... ~\' -/,~~_~__~_gCitsZ._Manager 100 N.W. First Ave., Delra¥ Beach, FL 33444 100 N.W. First Avenue Joseph M. Safford, Finance Director Mailing Addre~e Name of Cocttact Per,on Delray Beach',I FL 33444 561-243-7116 561-243-7166 City State Zip Phone Number Fax Number SEE INSTRUCTIONS ON REVERSE SIDE 88/~8/1~98 13:28 5612788555 DB CHAMBER COMMERCE PAGE 02 08/20/i998 i3:28 56i2780555 DB CHAMBER COMMERCE PAGE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~.~ 1 SUBJECT: AGENDA ITEM /~- REGULAR MEETING OF SEPTEMBER 15, 1998 RESOLUTION NO. 55-98 (TENTATIVE FY 1999 BUDGET) DATE: SEPTEMBER 11, 1998 Resolution No. 55-98 makes tentative appropriations of sums of money for all necessary expenditures of the City for fiscal year 1999. The tentative appropriatio~ are set forth in Exhibit "A" to the resolution. Pursuant to the City's Charter and TRIM requirements, a public hearing must be held prior to the adoption of the tentative budget. Final adoption of the budget for FY 1999 is scheduled for September 22, 1998. ref:agmemo22 RESOLUTION NO. 55-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1998, TO THE 30TH DAY OF SEPTEMBER, 1999; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby tentatively appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1998, and ending the 30th day of September, 1999, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 1998, and ending the 30th day of September, 1999. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1998, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 1998. Provided, however, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 1998. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution /or the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby tentatively adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That this resolution shall be effective on October 1, 1998. PASSED AND ADOPTED in regular session on this the 15th day of September, 1998. ATTEST: / ~ City C~erk ' 2 - Res. No. 55-98 EXHIBIT A BUDGET SUMMARY DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 265,040 0 268,530 533,570 ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 6.91 19,525,340 19,525,340 AD VALOREM TAXES 0.79 2,232,280 2,232,280 AD VALOREM-DELINQUENT 115,000 115,000 AD VALOREM - DDA 1.00 115,510 115,510 Sales & Use Taxes 1,413,400 1,413,400 Franchise Taxes 3,277,000 3,277,000 Utility Taxes 5,766,000 5,766,000 Licenses & Permits 2,215,460 2,215,460 Intergovernmental 5,343,050 44,500 1,094,820 6,482,370 Charges for Services 4,078,170 26,944,010 31,022,180 Fines & Forfeitures 598,900 598,900 Miscellaneous Revenues 2,665,490 3,000 902,590 11,200 3,582,280 Other Financing Sources 2,355,800 50,000 940,920 3,346,720 TOTAL REVENUES AND OTHER FINANCING SOURCES 49,585,890 118,510 27,941,100 2,046,940 79,692,440 TOTAL ESTIMATED REVENUES AND BALANCES 49,850,930 118,510 28,209,630 2,046,940 80,226,010 EXPENDITURES/EXPENSES: General Government Services 5,710,870 5,710,870 Public Safety 27,541,230 27,541,230 Physical Environment 324,140 15,293,110 15,617,250 Transportation 1,317,830 1,317,830 Economic Environment 1,062,570 118,510 1,233,950 2,415,030 Human Services 163,750 163,750 Culture & Recreation 6,858,610 3,081,110 420,530 10,360,250 Debt Service 4,210,630 4,548,620 8,759,250 Other Financing Uses 2,547,860 4,548,630 297,230 7,393,720 TOTAL EXPENDITURES/EXPENSES 49,737,490 118,510 27,471,470 1,951,710 79,279,180 Reserves 113,440 0 738,160 95,230 946,830 TOTAL EXPENDITURES AND RESERVES 49,850,930 118,510 28,209,630 2,046,940 80,226,010 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~,~'I SUBJECT: AGENDA ITEM /~'- REGULAR MEETING OF SEPTEMBER 15, 1998 ORDINANCE NO. 32-98 (REZONING TWO LOTS ASSOCIATED WITH THE LEON M. WEEKES ENVIRONMENTAL PRESERVE) DATE: SEPTEMBER 4, 1998 This is second reading and a public hearing for Ordinance No. 32-98 which rezones two lots (0.41 acres) from R-1AA (Single Family Residential) to OSR (Open Space and Recreation) District. The subject property is located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road, within the Tropic Palms subdivision. The City Commission initiated this rezoning on August 4, 1998, to accommodate improvements associated with the development of the Leon M. Weekes Environmental Preserve. The development plans call for hiking trails within the Preserve, pavilion with benches and tot lot playground on Lots 262 and 263 (property being rezoned), and paving and construction of ten parking spaces within the currently unimproved portion of Curlew Road. The two lots are currently zoned R-1AA, and active recreation uses such as playgrounds are permitted in this district only when associated with a bonafide homeowners association. Since the Preserve improvements are not associated with a homeowners association, a rezoning to the OSR district which allows the use is appropriate. The Planning and Zoning Board held a public hearing on the proposed rezoning on August 17, 1998, and voted unanimously to recommend that it be approved. At first reading on August 18th, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 32-98 on second and final reading. ref:agmemol0 ORDINANCE NO. 32-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING LOTS 262 AND 263, TROPIC PALMS PLAT NO. 1, LOCATED AT THE NORTHEAST CORNER OF ALBATROSS ROAD AND THE UNIMPROVED PORTION OF CURLEW ROAD WITHIN THE TROPIC PALMS SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned R-1AA (Single Family Residential) District; and WHEREAS, at its meeting of August 17, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray'Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: Lots 262 and 263, TROPIC PALMS PLAT NO. 1, according to the Plat thereof as recorded in Plat Book 25, Pages 99 through 102 of the Public Records of Palm Beach County, Florida. The subject property is located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road within the Tropic Palms subdivision; containing 0.41 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ~OPTED in regular session on second and final reading on this the 15th day of Septe~er _ , 1998. ATTEST: ~City Cl~rk / First Reading Auqust 18, 1998 Second Reading Septe~er 15, 1998 - 2 - Ord. No. 32-98 OSPREY DRIVE J-~ CAD!LLA RAQUET CLUB TOWN & COUNTRY SHER ~M,.. ,RUu. KS ESTATE CONDOS SHER WOOD PONT/AC DOTTEREL ROAD MALLARD ~ -- [, CURLEW ROAD DEL~A Y CURLEW ROAD DELRA Y TO YO T~ MORSE SA TURN MOBILE HOMES SHERWOOD HONDA MOBILE HOMES ~ - REZONING- OTY O= DELRA~BEACH, FL FROM: R-i-~ (SINGLE FAMILY RESlDENTIA_) TCu OSR (O~EN SPACE & R~SR~TION~ ~LANNINC & Z~ING -- DIGITA: ~E ~P ~TE~ -- ~A~ RE= L~26E PLANNING AND ZONING BOARD CITY OF DELF Y BEACH ---STAFF REPORT--- MEETING DATE: August 17, 1998 AGENDA ITEM: ~.c. ITEM: City Initiated Rezoning From R-l-AA (Single Family Residential) to OSR (Open Space and Recreation) For Two Parcels Within the Tropic Palms Subdivision, Located on the North Side of Curlew Road, East of Albatross Road. PARK iTOWN & CDUNTR¥ £$T~7'5 CONDOS GENERAL DATA: ~o.~__~_ '.ME BUCKY Owner ............................. City of Delray Beach Applicant ......................... David Harden, City Manager Location .......................... Northeast corner of Curlew Road and Albatross Road Property Size .................. 0.41 Acre Future Land Use Map ..... Low Density Residential (0-5 d. u./acre) Current Zoning ...............R-l-AA (Single Family Residential) Proposed Zoning ............ OSR (Open Space & Recreation) Adjacent Zoning .... North: RM (Medium Density Residential) East: CD (Conservation District) South: RM West: R-t-AA Existing Land Use .......... Vacant Proposed Land Use ........ Rezoning to accommodate the expansion of an existing nature preserve by adding a child play area with playground equipment, gazebo, fence with rolling gate, and associated parking lot. Water Service ................. n/a. Sewer Service ................n/a. IIl.C. The action before the Board is making a recommendation on a City-initiated rezoning request from R-l-AA (Single Family Residential) to OSR (Open Space and Recreation). The proposed rezoning consists of Lots 262 and 263 of Tropic Palms Plat No. 1 with a total area of approximately .41 acres. The lots are located at the northeast corner of Albatross Road and the unimproved portion of Curlew Road. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The subject lots are located within the Tropic Palms Plat No. 1 Subdivision, and are currently vacant. The City recently purchased the two lots to accommodate accessory uses for the Leon M. Weekes Environmental Preserve located immediately east, including tot lot area and a parking lot. The proposed improvements are not allowed under the current R-l-AA zoning district. To accommodate the use the City Commission initiated rezoning the lots to OSR at the August 4, 1998 City Commission meeting. The first reading of the rezoning is scheduled for the August 18, 1998 City Commission meeting. The development proposal is to rezone Lots 262 and 263 from R-l-AA to OSR. The rezoning is being requested in order to accommodate the expansion of the 11.66-acre Leon M. Weekes Environmental Preserve. The development proposal call for hiking trails within the Preserve, a playground, pavilion, and benches on Lots 262 and 263, and a 10-space parking area within the unimproved section of Curlew Road right-of- way. The improvements within the Curlew Road right-of-way require processing of a street closure which is also before the Board for consideration. The Leon Weekes Preserve is zoned CD (Conservation District). The Conservation District is intended to preserve and protect environmentally sensitive lands and only permits conservation of the existing floral, fauna, and natural habitat of the site. Active recreational facilities such as playground areas are not permitted, nor appropriate, within this zoning category. Recreation facilities (active and passive) are permitted within the R-l-AA zoning district, however only when operated under a bonafide homeowners association. Given these restrictions the two lots have been P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 2 acquired and are being rezoned to accommodate these active recreational components. 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 current Future Land Use Map designation for the subject site is LD (Low Density Residential). The current zoning designation of R-l-AA does not allow the proposed use. The requested zoning change is from R-l-AA to OSR. The OSR zoning district is consistent with the Low Density Land Use designation shown on the Future Land Use Map. Active or passive parks (including playgrounds) are permitted within the OSR zoning district. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: This facility will not contain any structures or restroom facilities which would require potable water or sewer service. Fire suppression is provided via an existing fire hydrant at the southwest corner of Albatross and Curlew Roads. Drainage: A site plan modification is being processed concurrent with the rezoning request. The paving, grading, and drainage plans indicate the installation of retention swales and exfiltration trench system. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 3 Traffic: Under the current R-l-AA zoning, the maximum development potential would be two single family homes generating 20 average daily trips. The Preserve has a total of 12.07 acres (including two lots) and utilizing trip rates for parks (1.59 trips/acre), the entire facility will generate 19.19 average daily trips. Based on the above, the proposed rezoning will not result in any additional traffic generation. The 20 trips can be accommodated by the adjacent street system and traffic concurrency can be met. Parks and Recreation: This standard is not applicable as the rezoning will add an additional .41 acres to the City's parks and recreation facilities. .Solid Waste: The current R-l-AA zoning allows two single family homes which would generate 1.99 tons of solid waste per unit per year. While them is no generation rate listed for parks, it is anticipated this facility and its expansion will result in a decrease in solid waste generation. Refuse will be handled with the installation of trash receptacles. Adequate capacity exists at the County Landfill to handle this development. 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. Chapter 3 findings include the required findings of Section 3.1.1 (Future Land Use Map, Concurrency, and Compliance with the LDRs. These Chapter 3.1.1 findings are discussed in other sections of the report. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standard of Section 3.3.2 and other policies which apply are as follows: Standards "A", "B", and "C" do not apply to this proposal. 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. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 4 The rezoning site is surrounded by the following uses and zoning districts: to the north and south are multifamily units on properties zoned RM (Multiple Family Residential-Medium Density); east is the existing Preserve on property zoned CD (Conservation District); and west is a single family home on property zoned R-1-,AA. ,As recreational facilities are permitted in the current R-l-AA zoning district when associated with a bonafide homeowners association, the proposed use will be compatible with the adjacent residences. The playground area will be screened from the residential properties to the north, south, and west by a 6' high vinyl coated chain link fence with hedging. A Cocoplum hedge is proposed along the south side of the proposed parking area and along the west side of Lot 263, and an existing Ficus hedge is located along the north side of Lots 262 and 263. All existing and proposed hedging will be located inside the chain link fence. In order to increase screening of the proposed play area from the residential properties to the north, south, and west installation of landscaping outside of the chain link fence is recommended. Provision of landscaping outside of the fence will be reviewed at site plan. .~ecti{)n 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That thers 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 a_Dpro_oriate for the property based upon circumstances particular to the site and/or neighborhood. The reason for the rezoning is "c". The requested zoning is of similar intensity and will allow similar uses, i.e. active recreation, although not owned by the homeowner association. The zoning change will be more appropriate given its proximity to the Preserve and the direction given in the Comprehensive Plan under Objective A-1 of the Open Space and Recreation Element. Specific policies A-2.1 and A-2.2 direct the City to provide new recreation facilities to geographic areas where they do not exist and to enhance existing facilities by adding specialized items such as playgrounds. A review of the Goals, Objectives, and Policies of the Comprehensive Plan was undertaken and the following applicable Policies were identified. P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 5 Conservation Element Policy B-2.1: The submission of a biological survey and a habitat analysis shall accompany land use requests for...rezonings...However, the requirement shall not apply...where it is apparent that there are not such resources. The subject properties to be rezoned are vacant. A boundary/topographic survey has been provided, and no significant biological resources exist on the site. Housing Element Policy A-1.3: The City shall provide "courtesy notices" to the representatives of the various homeowner and neighborhood associations, of upcoming advisory board meetings which involve land use and development activities which may potentially impact their neighborhoods. Courtesy notices have been sent to all neighborhood groups in the area. See the "Neighborhood Notice" section under the "Review by Others" portion of this report. Open Space and Recreation Element Policy A-2.1: The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Open Space and Recreation Element Policy A-2.2: The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. The rezoning of the subject properties from R-l-AA to OSR will accomplish direction given in both of these policies. The Leon M. Weekes Environmental Preserve will be expanded to accommodate a play area open to the public, which will enhance the preserve and serve all residents of the community. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. The improvements to the Leon M. Weekes Environmental Preserve will require the installation of bicycle racks. During review of the associated site development plan this will be noted as a condition of approval. Compliance with Land Development Regulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 6 Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. A site plan application providing site, landscape, and drainage improvements is being processed concurrent with this rezoning request, and will be considered by the Site Plan Review and Appearance Board. LDR Section 4.6.9 Parking: Pursuant to LDR Section 4.6.9(C)(6)(q), parks shall have the parking needs assessed and determined by the City Manager or designee. The site development plan for the proposed improvements to the Preserve have been prepared in conjunction with the City Parks and Recreation Department, and the proposed 10-space parking area has been determined to be adequate for this facility. The rezoning is not in a geographic area requiring review by the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neighborhood Notice: A special certified notice has been provided to property owners within a 500' radius of the subject property. Courtesy notices have been sent to the following individuals and associations who have requested notification of petitions in that area. Delray Racquet Club Lake Delray Apartments Palms of Delray Town and Country Estates Tropic Palms Letters of support or objection, if any, will be presented at the P & Z Board meeting. The proposed rezoning of the subject properties to OSR accommodates the expansion of the Leon M. Weekes Environmental Preserve. The expansion involves the installation of a tot lot playground, gazebo, and benches. A street closure is being P&Z Staff Report Rezoning from R-l-AA to OSR for Leon M. Weekes Environmental Preserve Expansion Page 7 processed to accommodate the construction of the 10-space parking lot within the unimproved portion of Curlew Road. The two lots are currently zoned R-l-AA, and playgrounds are permitted within this zoning district only associated with a bonafide homeowners association. The rezoning to OSR will further objectives and policies in the Comprehensive Plan which call for providing additional park facilities and enhancing existing ones. A complete site development package plan is being processed concurrent with this rezoning request. Required positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, and the performance standards of Section 3.3.2 can be made. Based on the above, the proposed rezoning of Lots 262 and 263 to OSR should be approved. A. Continue with direction. B. Recommend rezoning of the subject property from R-l-AA to OSR, based on positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, performance standards of Section 3.3.2, and objectives and policies of the Comprehensive Plan. C. Recommend denial of a rezoning of the subject property from R-l-AA to OSR, based on a failure to make positive findings with respect to Section 2.4.5(D)(5). Recommend approval of the rezoning request for Lots 262 and 263 associated with the Leon M. Weekes Environmental Expansion from R-I-AA (Single Family Residential) to OSR (Open Space and Recreation), based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5(D)(5) of the Land Development Regulations, and objectives and policies of the Comprehensive Plan. Attachments: · Location and Rezoning Maps Survey · Overall Site Plan fllename: u:graharnc~pzrep~leonrez.doc OSPREY DRW[: ~ CADILLAC~ RA QUE T CLUB TOWN & COUNTRY SHERWOO~'- OSR £$TA TE ~OND05 RM SHERWOOD PON TIA C ROAD BASEBALL SCHOOL TOYOTA USED CAR$ MALLARD DR~ HERON DRI~ CURLEW ROAD DELRA Y CLIRL='W ROAD DELNA Y MORSE SA TURN MOBILE HOMES p C AC SHERWOOD HONDA HOMES £ LINDELL ~ - REZONIN¢- ZONING D~AR~MENT To: David T. Harden, City .Manager From: ~Ioseph M. S~~~"~Director Date: September 11, 199g Subject: Garbage and Trash Rate Revisions An ordinance is being submitted for Commission approval which will provide for the following rate changes: · $.53 per single family unit for New Year's Day pickup and the addition of one clamshell truck and driver that will report to the Code Enforcement Division for pickup of bulk trash piles on vacant lots, piles placed out early or late, and illegal dumping on the rights of way. · 1.4 % increase to collection rates per the Consumer Price Index as stipulated by our contract. · The addition of rates for commercial and multi-family compactors and rolloff containers that have bea~ added to our garbage and trash franchise. It should be noted that the City does not franchise commercial recycling containers or construction and demolition containers. We will be following up this ordinance with appropriate contract amendma'~s to the BFI contract for the changes in services related to the additional clamshell truck and the compactor and rolloff containers that have not already been added to our contract. Please call this office if you have any questions or commesrcs on this subject matter. cc: Alison MacGregor Harty, City Clerk Susan Ruby, City Attomey Brian Shutt, Assistant City Attomey Barbara Schooler, Utilities Customer Service Manager commord Commercial Rates(Monthly) Container Pickup Frequency Contabmr ~ize I 2 3 4 5 6 v/ 2 yd Collection ~:01 1-~99 ~ ~ 4.4~39 ~ ~.09 18.19 2728 36.37 45.47 54.56 14.55 29.10 43.65 58.20 72.74 87.29 Container Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 Total - Contractor Fees ~76 -8~08 GC,.-~4 i0~.79 ;$;~;2 ~ 43.04 66.69 90.33 113.97 137.61 16125 Franchise Fees - 10% ~ _=,:1 ~ I~.~ ~ ~ 4.30 6.67 9.03 11.40 13.76 16.13 Total Feee ~ -7~49 -96~)8 ~ ~ 188:8~- 47.34 73.36 99.36 125.37 151.37 177.38 V~3 yd Coaection ~-',-3~50 -"7.C3 ~ ~ G7 4.~ 13.~ 2728 40.92 ~.~ ~20 81.~ 21.82 43.65 65.47 87.29 109.12 130.~ ~i~r ~inte~ F~ 21.44 21 .~ 21 .~ 21 .~ 21 .~ 21 .~ T~I - ~or F~ ~ b~.4~ ~ 1~ ~ ~.g0 ~.37 1~.83 163~ 198.76 2~ ~ F~s - 1~ ~0 ~ ~ ~ ~ 5.69 924 12.78 16.33 19.~ 23.42 T~I F~s ~6 ~3 ~9 1~ ~3 62.5~ 101.61 140.61 179.62 218.~ 257.~ ~yd ~ion ~9 ?~.~0 ~ 7~.~ CG.~ 18.19 ~.37 ~.~ ~.74 ~.93 109.12 ~posal ~ ~.~ · ~.~= ~ ~.~7 29.10 58.20 8729 116.39 145.49 174.59 ~r Maintenan~ Fee 22.21 22.21 22.21 ~.21 22.21 22.21 69.50 116.78 1~.~ 211.~ 258.63 ~305.92 Fmn~e F~s - 10~ ~.~9 ~ ~ ~ ~ 6.95 11.68 16.41 21.13 25.~ 30.59 T~I F~s ~ ~6 -!7!.~ ~ ?~.24 76.45 128.46 180.47 232.47 2~.49 338.51 ~7~ ,~ ~.~" ~1.~ '1~.12 r1~.~ , 43.65 8729 1~.~ 174.~ 218~ ~I.M ~r ~~ F~ 25.53 25.53 25.~ 25.53 25.53 25.53 ~.~ 1~ ~.31 ~24 ~0.16 451.~ ~ F~- 10% ~ ~F ~ ~.~ ~ ~ 4~ 9.65 16.74 ~3 ~.~ ~.~ ~.11 T~ F~ ~ ~ ;4~.~ ~ ~ 1~.11 1~.12 ~.14 ~0.16 418.18 4~.19 Page I A- ~ommord Collection '3~00 '?'cg8 ~ 1,~3.~b ~ 2T'J':t~ 36.37 72.74 109.12 145.49 181.86 21823 Disposal ~3.$=~ ~ 16e:e~ ~ ~ ~ 58.20 116.39 174.59 232.78 290.98 349.17 Container Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 Total - Contractor Fees -1-16:48 20'JTS~' ,,,,,~.",,,3~,.6;- 47'J4.9~ ~ 121.66 216.22 310.80 405.36 499.93 594.49 Franchise Fees - 10% ~ .... '^." ~ ~ ~'7.~'~ 56~4. 12.17 21.62 31.08 40.54 49.99 5g.45 Total Fees .I-L~6~13 2EE~CE- ~ ~ ~ ~ 133.83 237.84 341.88 445.90 549.92 653.94 P;ge 2 ORDINANCE NO. 33-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL SERVICE, MULTI-FAMILY AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 1999; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGUIR%R CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Monthly Service Cost Per Unit Garbage Collection $ ~ 2.69 Recycling ~ 1.46 Yard Trash ~ 1.36 Bulk Trash ~ 0.67 Total Fees - Contractor $ ~ 6.18 Cart Replacement 0.90 Administrative Fee 0.35 Franchise Fees (5%) ~/~9 0.31 Total Fees $ ~ 7.74 ReardoorOwner Container Monthly Service Cost Per Unit Garbage Collection $ ~/9~ 8.25 Recycling ~/~ 1.46 Yard Trash ~/~ 1.36 Bulk Trash ~2~ 0.67 Total Fees - Contractor $~/~ 11.74 Administrative Fee 0.35 Franchise Fee (5%) ~]~ 0.59 Total Fees $~96 12.68 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $ ~/~9 1.68 Recycling ~/~ 1.26 Yard Trash ~/~ 1.36 Bulk Trash ~2~ 0.68 Total Fees - Contractor $ ~/~ 4.97 Administrative Fee 0.35 Franchise Fee (5%) ~2~ 0.25 Total Fees S ~9~ 5.57 - 2 - Ord. No. 33-98 (B) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall include a container charge and a per unit charge. If the amount of refuse generated requires more than two (2) times per week collection, then the third (3rd) and all subsequent collections shall be charged the commercial collection rate only. Multiple-Family Rates Container Monthly Maintenance Charge (Based on a Bi-Weekly Pickup) Total Container Size Monthly Cost Franchise Fee Container Fees 2 yd, $19.40 $1.94 $21.34 3 yd, 21.44 2.14 23.58 4 yd, 22.21 2.22 24.43 6 yd, 25.53 2.55 28.08 8 yd, 27.09 2.71 29.80 Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $~/~9 1.41 Recycling ~ 0.83 Total Per Unit Fee-Contractor $~/~ 2.24 Administrative Fee 0.35 Franchise Fee (10%) 0.22 Total Monthly Fees Per Unit $~;~ 2.81 - 3 - Ord. No. 33-98 (C) Comercial (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than six days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: - 4 - Ord. No. 33-98 ,1 Rates (Monthly) Size Container Pickup Frequency (Per Week) Collection $ 9.46 18.89 28.35 37.80 47.24 56.69 Disposal 14.55 29.10 43.65 58.20 72.74 87.29 Container Maintenance Fee .40 19.40 19.40 19.40 19.40 19.40 Total - Contractor Fees $ 41 ~6 $ 64.08 $ 86.44 $108.79 $131.12 $153.47 43. 67.39 91.40 115.40 139.38 163.38 Franchise 4.34 6.74 9.14 11.54 13.94 16.34 Total Fees $ 47.75 74 100.54 126.94 153.32 179.72 3ya Collection $ 14.18 28.35 42.51 56.69 70.86 85.04 Disposal ~9/~ ~/~ ~/9~ ~/~ ~/~ 21.82 43.65 .47 87.29 109.12 130.94 Container Maintenance Fee 21.44 21.4__4 2__1.~ 2__1:4__4 21.44 21.44 Total - Contractor Fees $ 57.44 93.44 129.42~ 165.42 201.42 237.42 Franchise Fees (10%) 63.18 102.78 5142.36~1.96~ 221.56 261.16 - Ord. No. 33-98 Collection $ 18.89 37.80 56.69 75.58 4.49 113.38 Disposal 29.10 58.20 87.29 11 145.49 174.59 Container Maintenance Fee 22.21 22.21 22.21 .21 22.21 22.21 Total - Contractor Fees $ 66.89 $111.60 $15~ $200.96 $245.67 $290.35 70.20 118.21 19 214.18 262.19 310.18 Franchise Fees (10%) 7.02 16.62 21.42 26.22 31,02 Total Fees $ 77.22 130.03 182.81 235.60 288.41 341.20 6 yd Collection $ ~/99 $ ~/99 $ ~/9~ S1 $~/9~ $%6%/9] 28.35 56.69 85.04 1 38 141.73 170.07 Disposal ~/~ ~/~ %~/%~ %~/%~ ~/~ ~/~ 43.65 87,29 130. 174.59 218.23 261.88 Container Maintenance Fee 25.53 25,53 5.53 25.53 25.53 25.53 Total - Contractor Fees $ 9~/~ $~; $~/6~ $Z9~/~ $~9/~% $~/~ 97.53 .51 241.51 313.50 385.49 457.48 Franchise 9 16.95 24.15 31.35 38.55 45.75 Total Fees $~J $~~ $~9~9 $~9~ $~96~ $~1~ .28 186.46 265.66 344.85 424.04 503.23 - 6 - Ord. No. 33-98 Collection $ 37.80 . . 151.1~ 188.96 226.76 Disposal ~/~ ~9~/~ ~¢9/~ ~~ ~/~ ~/~ 5_~8.2__0 116.3____~_~9 174____~.__59/23__2.7_8 290.98 349.17 Container Maintenance Fee 27.09 27.09 ~ 27.09 27.09 27.09 Total - Contractor Fees $116.48 $205.84 ~295.13 $384.62 $473.98 $563.37 123.09 219.06/ 315.06 411.05 507.03 603.02 Franchise Fees (10%) 12~/21-91 31.51 41.11 50.70 60.30 Total Fees $~~ 1~.40 240.97 346.57 452.16 557.73 663.32 Co,,,,~rcial/Multi-Family Rolloff Containers: Open-top rolloff container $95.00 per pickup plus disposal cost. Compactors $95.00 per pickup plus disposal cost; PLUS monthly container rental 15 Yard $250.00 20 Yard 295.00 30 Yard 345.00 40 Yard 392.00 Excludes commercial recyclinq and construction/demolition debris. - 7 - Ord. No. 33-98 95-Gallon Cart Service Pickups Per Week Monthly Charge* Franchise Fee Total Monthly Fee 1 $ 26 64 $ 2.66 f/~$ 27.30 2 $ 51 86 $ 57.05 3 $ 78.~5~ $ 7.86 $ 86.42 4 /$~4 54 $10.45 $114.99 5 ~ $130 49 $13.05 $143.54 6 $155 73 $15.57 $171.30 *These rates include collection and container maintenance fees. NOTE: The foregoing rates are based on $23.00 per ton ($1.54 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 1996. (D) The charges set forth above for mechanical containers and rollout carts shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the City or provided by the City's contractor shall be used. 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 on October 1, 1998. - 8 - Ord. No. 33-98 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 - 9 - Ord. No. 33-98 FROM: CLAIRE LYTE-GRAHAM, PLANN~'I~ SUBJECT: MEETING OF SEPTEMBER 15, 1998 ,SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COMMUNITY FACILITIES-CHURCHES TO TRANSITIONAL. AND REZONING FROM CF (COMMUNITY FACILITIES) TO POD (PROFESSIONAL AND OFFICE DISTRICT) FOR THE WDBF RADIO STATION LOCATED ON THE SOUTH ,~IDE OF W. ATLANTIC AVENUE. EAST OF HOMEWOOD BOULEVARD. The FLUM amendment and rezoning are being processed to accommodate WDBF Radio Station which wishes to expand its offices and studios by constructing a new office building. Business and professional offices are not permitted under the current CF-C FLUM and CF zoning designations, and the current use is legally non-conforming. With the proposed designation changes the use will be conforming and its expansion permitted. Additional background and analysis of the request is found in the attached Planning and Zoning Board staff report. At its meeting of ,July 20, 1998, the Planning and Zoning Board held a public hearing in con]unction with review of the requests. There was public testimony expressing concerns with respect to the height and size of the proposed new building, and traffic. The representative for the radio station stated they would be willing to work with the community to produce a pleasing development project. After further discussion, the Board then unanimously voted to recommend approval of the FLUM Amendment and rezoning to the City Commission. By motion, approve on first reading the ordinance for the FLUM amendment from CF-C (Community Facilities-Churches) to TRN (Transitional) and the rezoning from CF (Community Facilities) to POD (Professional and Office District), based upon positive findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of October 6, 1998. Attachment: · Planning and Zoning Staff Report · Ordinance by Others 0 fllename:u:grahamc\ccdoc\wdbfcc, doc ORDINANCE NO. 34-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COMMUNITY FACILITIES-CHURCHES TO TRANSITIONAL, AND REZONING FROM CF (COMMUNITY FACILITIES) DISTRICT TO POD (PROFESSIONAL OFFICE DISTRICT), FOR PROPERTY COMMONLY KNOWN AS THE WDBF RADIO STATION SITE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, EAST OF HOMEWOOD BOULEVARD; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLANAMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as Community Facilities-Churches; and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned CF (Community Facilities) District; and WHEREAS, at its meeting of July 20, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item at a public hearing and voted unanimously to recommend approval of the small scale FLUM amendment and rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITYOF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ection 1. That the legal description of the subject property is as follows: Lot 1, of Golfview Estates, according to the Plat thereof as recorded in Plat Book 24, Page 50, of the Public Records of Palm Beach County, Florida, less and excepting therefrom the northerly 13 feet conveyed to the State of Florida for the use and benefit of the State Road Department of Florida, by Deed dated for April 19, 1963, recorded August 28, 1964 in Official Record Book 1078, Page 286, of said Public Records. TOGETHER WITH A tract of land in Section 18, Township 46 South, Range 43 East, more particularly described as follows: Beginning at a point, which is the intersection of the South right-of-way line of State Road 806 and the East line of Golfview Estates, as recorded in Plat Book 24, Page 50, Public Records of Palm Beach County, Florida, which point is also the northeast corner of Lot 1 of the aforesaid subdivision; thence with said right-of-way line North 83 degrees 26'49" East, 97.00 feet to a point; thence South 07 degrees 26'49" West, 114.92 feet to a point; thence South 87 degrees 03'49" West, 80.00 feet to a point on the east line of the aforesaid subdivision; thence with said east line, North 00 degrees 50'41" West, 106.99 feet, more or less, to the point of beginning. Less and excepting therefrom such portions of the above described lands as may lie within the description of lands conveyed by the Grimes Foundation of the State of Florida, for the use and benefit of the State Road Department of Florida, by Deed dated March 18, 1963, recorded August 28, 1964 in Official Record Book 1078, Page 288 of said Public Records. The subject property is located on the south side of West Atlantic Avenue, east of Homewood Boulevard (2710 West Atlantic Avenue); containing 0.54 acres, more or less. Section 2, That the Future Land Use Map in the Comprehensive Plan of the City of Delray Beach, Florida, is hereby changed to reflect a land use designation of Transitional for the subject property. Section 3.~ That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c)4. - 2 - Ord. No. 34-98 Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, is hereby amended to reflect a zoning classification of POD (Professional Office District) for the subject property. Section 5. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be,' and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 34-98 tC DELRAY BEAcH ~ U N I C I P A L(~GO L F couRSE i I I I I I t , N WDBF RADIO STATION ,=, ,, ,~,~, ~.~:.. ,.. 2710 WEST ATLANTIC AVENUE iPLANNING 'AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETINGDATE: July 20, 1998 AGENDA ITEM: V.B. ITEM: Future Land Use Map Amendment from CF-C (Community Facilities- Churches) to Transitional and Rezoning from CF (Community Facilities) to POD (Professional Office District), for the WDBF Radio Station, Located on the South Side of Atlantic Avenue, East of Homewood Boulevard. ~ENERAL DATA: Owner/Applicant ...................... Mitchell Rubenstein and Laurie $ilver~ Agent ....................................... J~frey A. Omst~in, Archite~ Lo~ation ................................... South side o~ Atlanti~ Avenue, eas~ o~ Homewood Boulevard (2710 W. Atlantic Avenue) Prope~ S~e ........................... 0.~ Acre Existing F.L.U.M. Designation.. Communi~ Facilities-Churches Proposed F.LU.M. Designation. Transitional Current Zoning ............................ CF (Community Facii~ies) Proposed Zoning ........................ POD (Professional O~3ce District) Adjacent Zonings .............. No~h: RM (Multiple Family Residential-Medium Densi~) & POD East: OSR (Open Space & Recreation) South: CF & OSR West: CF Existing Land Use ....................... Radio Station Proposed Land Use... Future Land Use Map Am~ndm_m and Rezoning to accommodate the construction of a new o~qce building associated with the existing radio station. Water Se~c .............................. n/a Sewer S~ce ............................. n/a The item before the Board is that of making a recommendation on a privately initiated Small-Scale Future Land Use Map Amendment from CF-C (Community Facilities- Churches) to TRN (Transitional) and a rezoning from CF (Community Facilities) to POD (Professional and Office District) for the WDBF Radio Station. The subject property is located on the south side of W. Atlantic Avenue, approximately 250' east of Homewood Boulevard and consists of approximately .54 acres. The proposal incorporates Parcel 1 (Lot 1, Golfview Estates Subdivision) which consists of approximately .33 acres, and Parcel 2, an unplatted parcel of land consisting of approximately .21 acres. With the Citywide rezoning and adoption of the Comprehensive Plan in October of 1990, the subject property was rezoned from R-l- AA (Single Family Residential) to CF (Community Facilities). Currently, a 1,580 one story building constructed in 1961 along with a mulch parking area serves as the offices for the WDBF radio station. An existing radio tower located off site on the City Municipal Golf Course directly south of the offices serves the broadcasting function. In December, 1997, a site plan modification application to construct a parking lot with associated landscaping and drainage improvements was submitted, however the property was sold and the site plan request was withdrawn. In June, 1998, a request for a Future Land Use Map amendment to Transitional and rezoning of the property to POD (Professional and Office District) was submitted by the new owners and is now before the Board for action. The proposal is to change the Future Land Use Map designation from CF-C to TRN and to rezone the property from CF to POD. The FLUM amendment and rezoning are being processed to accommodate WDBF Radio Station which wishes to expand its offices and studios by constructing a new office building. Business and professional offices are not permitted under the current CF-C FLUM and CF zoning designations, and the current use is legally non-conforming. With the proposed designation changes the use will be conforming and its expansion permitted. P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 2 This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. The Future Land use Map amendment involves a .54 acre area, thus the total area is less than the 10 acre maximum. The property is not located within a designated redevelopment or traffic concurrency exception area. This amendment along with other small-scale amendments processed this year (Hammock Reserve and Citation Club: .72 acre) have a combined total of 1.26 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet, within the last year. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed Transitional Future Land Use Map designation is consistent with the following zoning classifications: A (Agricultural), R-1-A thru R-l-AAA (Single Family Residential), RL (Low Density Residential), PRD (Planned Residential Development), RM (Medium Density Residential); POD (Professional and Office District), POC (Planned Office Center), RO (Residential Office), NC (Neighborhood Commercial), OSR (Open Space and Recreation), OS (Open Space), and CF (Community Facilities). The proposed amendment to TRN (Transitional) is being processed P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 3 concurrently with a request for rezoning to POD (Professional and Office District) to accommodate the existing broadcast studio office, which is allowed as a permitted use, and to allow the establishment of a new office building for the radio station. Ad_iacent Land Use Designations. Zoning Designations & Land Uses: North: North of the property, across W. Atlantic Avenue, has a Future Land Use Map designation of TRN (Transitional) and is zoned RM (Multiple Family Residential- Medium Density). The existing land use is a condominium development (First Encounter Condominiums). South: South of the property are CF-C (Community Facilities-Churches) and OS (Open Space) Future Land Use Map designations. The properties are zoned CF (Community Facilities) and OSR (Open Space) and existing land uses are St. Mary the Virgin Church and the City of Delray Beach Municipal Golf Course. East: East of the property has an OS (Open Space) Future Land Use Map designation and the property is zoned OSR (Open Space and Recreation). The existing land use is the City of Delray Beach Municipal Golf Course. West: West of the property has a CF-C (Community Facilities-Churches) Future Land Use Map designation and the property is zoned CF (Community Facilities). The existing land use is St. Mary the Virgin Church. Allowable Land Uses: Under the current Community Facilities FLUM and CF zoning designations, business and professional offices are not permitted. The CF land use and zoning designations accommodate a wide range of public, semi-public, and private uses (i.e., civic centers, hospitals, governmental offices, churches, etc.). Under the proposed Transitional FLUM designation and associated POD zoning designation, professional and business office developments are allowed. The applicant has requested a zoning designation of POD, which renders the current office uses conforming as well as allows future expansion of the office building [ref. LDR Section 4.4.16(B)(1)]. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 4 Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the following findings: [3 Demonstriated Need -That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposal is to change the FLUM designation from CF-C to TRN, and to rezone the property from CF to POD. The existing FLUM designation (CF-C) and zoning designation (CF) do not permit the existing use of business and professional offices. The applicant is requesting the FLUM and zoning designation changes to accommodate the existing office use and permit an office expansion. The need for this land use category in this area is supported by the continuing success for this professional office use at this site for many years. Further, this can be viewed as a corrective amendment applying the appropriate designation to reflect existing uses. [3 Consistency- The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan. The following are the other applicable goals, objectives and policies. Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complementary to the adjacent areas. The Transitional FLUM designation will accommodate the existing office development. This application will fulfill remaining land use needs and the demand for these needs are currently being accommodated by this existing use. P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 5 I~1 Concurrency ' The requested designation will be compatible with existing and future land uses of the sUrrounding area. Pursuant to LDR Section 3.1.1(B), facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Currently, the existing building is on well and septic, and the construction of a new office building will require connections to available services. The City's Environmental Services Department has indicated that water service is available west of the subject site. The applicant must extend the main easterly within the Florida Department of Transportation right-of-way or within a 12' water main easement which must be obtained across St. Mary Church property. With respect to sewer service, a 6' deep manhole is located at the south east comer of the St. Mary Church property. Currently, there is an existing sewer lateral to the restrooms located on the golf course. The applicant will be required to extend the sewer main eastward, set a new manhole, tie in the existing sewer service, then extend a new 8" sewer main northward to a new manhole. A 12' sewer easement will be required over all improvements. Required connections to water and sewer services will be reviewed at the time a site plan and engineering plan are submitted. Drainage: With FLUM and rezoning requests drainage plans are not required. Approximately 1/3 of the site is currently developed with a 1,580 sq. ft. building and a mulch parking area. The remainder of the site is undeveloped. A drainage plan will be required with the site development plan for any new development. Traffic: The current CF land use and zoning designations allow for a variety of uses, including governmental, community, recreational, services, religious, health care, and educational. Given the wide range of uses permitted within the CF land use and zoning designations, trip generation rates with each of these type of uses will vary. Given the size of the parcel, the higher traffic generator uses would probably not be established. P & Z Staff Repod WDBF Radio Station - FLUM Amendment and Rezoning Page 6 The proposed Transitional land use and POD zoning designations will allow office uses. Office trip generation rates also vary depending upon the size of the building and types of services offered. With the proposed expansion of the WDBF offices, an increase in trips can be expected. However, W. Atlantic Avenue is constructed to six lanes, and no concurrency issues are anticipated with this office expansion. W'ith future redevelopment of the site submittal of a traffic study indicating existing and future traffic generation rates and impacts on the surrounding network will be required. Parks and Recreation: - Park and dedication requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: The current CF land use designation provides for a variety of public, semi-public, and private uses (i.e., educational, health care, governmental, recreational, and religious facilities) and the solid waste generation rates vary for these uses. The trash generation rate for the existing 1,580 sq. ft. building is 8,532 lbs./yr. (4.26 tons/yr.). Trash generation rates for the proposed TRN land use designation will also vary given the different uses allowed by some of the applicable zoning -- districts of the TRN land use designation (POC, POD, RO, NC), which allow office, retail sale, and service related uses. While no plans have been formally submitted for the new office building an increase in trash generation may be expected under the POD designation. However, adequate capacity exists at the County Land Fill to accommodate this use. El Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a site plan approval request. El Compatibility - The requested designations will be compatible with the existing and future land uses of the surrounding area. As described in the Future Land Use Element of the Comprehensive Plan, the proposed Transitional Land Use Map designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 7 residential use' and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. Compatibility with the adjacent Community Facilities and Open Space designations (church and golf course) are not a major concern. The adjacent Transitional Land Use to the north (multiple family residential) is consistent with the proposed land use change. Further, the residential properties will be separated by Atlantic Avenue and applicable buffering requirements. The proposed office project will be required to adhere to the City's Land Development Regulations with respect to setback, height, landscaping, lighting, signage and parking requirements. Pursuant to LDR Section 4.3.4(H)(b) (Special Landscape Setbacks), a special landscape area either 30' or 10% of the average depth of the property, but less than 10' must be provided along W. Atlantic Avenue. Any future development will be reviewed for compatibility and compliance with development requirements at the time a site plan application is formally submitted. 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 s~aff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. 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)($) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.3.2 (Standards for Rezonin_o Actions): Standards A-C are not applicable. The applicable performance standard of Section 3.3.2 is as follows: P & Z Staff Report WDBF Radio Station -FLUM Amendment and Rezoning Page 8 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 property to the north is zoned RM (Multiple Family Residential-Medium Density); to the south is zoned CF (Community Facilities) and OSR (Open Space and Recreation); to the east is zoned OSR (Open Space and Recreation); and, to the west is CF (Community Facilities). The surrounding land uses are as follows: to the north, across W. Atlantic Avenue is the First Encounter Condominium; east and south is the City of Delray Beach Municipal Golf Course; and south and west is St. Mary Church. - Compatibility with the adjacent properties zoned CF and OSR is not a concern. While RM property is located on the north side of Atlantic Avenue the use will be separated by a 120' right-of-way and required buffers along Atlantic Avenue. Further; the proposed POD zoning will allow professional office uses which are generally considered compatible with multiple family uses. The existing office building has co-existed with the surrounding uses for several years and this rezoning proposal will not be introducing a new use to the property or area. As previously discussed in the Compatibility section of this staff, any further .... development must adhere to the City's Land Development Regulations with respect to setback, height, landscaping, lighting, signage and parking requirements. In addition, pursuant to LDR Section 4.3.4(H)(b) (Special Landscape Setbacks), a special landscape area either 30' or 10% of the average depth of the property, but less than 10' must be provided along W. Atlantic Avenue. Section ;~,4,5(D)($) (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; P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 9 c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "The radio station requires new offices and new studios (a new building), and therefore it is necessary to change' the zoning (POD zoning)-to maintain its continuous operation providing quality broadcasting services to the residents of Delray Beach. The proposed zoning is consistent with the current use of the property as offices with an accessory use of broadcasting studio. Further, the proposed zoning is more appropriate based on the current use of the property." The applicable reasons are both a and c. The zoning designation applied to the property in 1990 was CF-C (Community Facilities-Church). At this time the site was occupied by the current office uses which are not allowed in CF. A possible explanation for the CF-C application is that the site was lumped into a designation applied to the church property immediately to the west. The rezoning is also supported by reason c in that the current zoning designation of CF allows for potential uses such as civic centers, governmental offices, etc., which are of similar intensity to the office uses allowed under the proposed POD designation. Further, the requested designation of POD is more appropriate for the property given its long established office uses. Based upon the above, it is appropriate to rezone the property to POD. The subject property is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Special courtesy notices have been sent to: [3 High Point [3 Presidents Council [3 Progressive Residents of Delray (PROD) P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 10 F1 Woodlake Letters of objection or support, if any, will be presented at the P & Z Board meeting. The FurOr:e Land Use Map Amendment from Community Facilities-Churches to Transitional is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The amendment will apply the appropriate Future Land Use Map zoning designation to accommodate the existing use as well as permit the expansion of the WDBF Radio Station offices. The rezoning from CF to POD is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the rezoning is appropriate given the circumstances particular to the site and the surrounding area. The current office has existed along with the adjacent uses for several years and its expansion should not negatively impact the adjacent properties. The construction of the new building will require submittal of a complete site plan application and adherence to the Land Development Regulations. A. Continue with direction. B. Recommend approval of the Small-Scale Future Land Use Map Amendment from Community Facilities-Churches to Transitional, and the rezoning request from' CF to POD based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5), and LDR Section 3.3.2. C. Recommend denial of the Small-Scale Future Land Use Map Amendment from Community Facilities-Churches to Transitional, and the rezoning request from CF to POD based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning fails to fulfill one of the basis reasons. Recommend to the City Commission approval of the Small-Scale Future Land Use Map amendment from Community Facilities-Churches to Transitional and the rezoning from CF to POD based upon positive findings with respect to Chapter 3 P & Z Staff Report WDBF Radio Station - FLUM Amendment and Rezoning Page 1 1 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), and LDR Section 3.3.2. Attachments: [] Location Map D Existing Future Land Use Map [] Existing Zoning Map Q Survey u:\grahamc\pzrep\wdbfrep.doc I I I .~^.~s =,~t~ H I G Ht p0INT o r MD ~ A N A L 2ND ~ PO~N~ C0UR~ ~S; I I I HIGH POINT ~RRAC[ ~ST PRIVA~ HIGH P~NT ~RR. [. CF BOU~VARD ~MPLE ANtiC CF-C p E L R A ¥ M LJ N I C I ? A L~GO L F coURSE I S.w. 6TH ST. ! I I I ~ I t I N WDBF RADIO STATION ,~c,-D-:t,,¥.~,,c..rt - EXISTING FUTURE LAND USE MAP DESIGNATION PLANNtN~ Ju ZONIN~ DI~PARTM[NT --- DfC./TA~. ~E /~tP .~7'~7'[M -- uA~ REF: Lk(26D HIGH poINT DR~v~Z 0 ? POINi CAN AL L-33 ~ I I I I J I ~ POINT ~RRAC[ ~ST PRmVA~ HiGH P~NT ~RR. E. B~VARD ~ ~ A c ~ OSR M U N I C I P A L~GO L F couRSE $.w. 6TH ~l. N WDBF_ RADIO STATION_ =~ o~ o-:L..~,.:.-.., FL EXISTING ZONING PLANNING & Z~ING D[PARTM~NT DAVID~;~r.~.,.~.~:~T. HARDEN, CITY MANAGER ~ ~ TO: ,,. THRU: DIA~OR OF PLANNING AND ZONIN FROM: Jl' ,. COSTELLO, PRINCIPAL PLANNER SUBJECT: MEETING OF SEPTEMBER 8, '1998 REZONING FROM SAD (SPECIAL ACTIVITIES DISTRICT) TO AC (AUTOMOTIVE COMMERCIAL) FOR PROPERTY LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY APPROXIMATELY, '150' NORTH OF ALLEN AVENUE. The proposal is to change the zoning designation of the property from SAD to AC to establish the sale of motorcycles, all terrain vehicles, personal watercraft (waverunners, jet skis), and small boats for Delray Kawasaki. The development proposal includes conversion of the existing building to accommodate the retail sales, display, storage and repair of motorcycles, jet skis, boats, all terrain vehicles, and upgrading of the existing parking area to accommodate 73 parking spaces with installation of associated landscaping, and refuse storage areas. The hours of operation will be 8:00 a.m. to 6:00 p.m., Monday through Saturday, and there will be 10-15 employees. This rezoning request is accompanied by a conditional use request to establish an associated full service vehicle repair facility on the site [ref. LDR Section 4.4.10(D)(7)]. The Conditional Use will be before the City Commission at its October 6th meeting pending second reading of the proposed rezoning request. At its meeting of August 17, 1998, the Planning and Zoning Board approved a determination of similarity of use to allow the sale of personal watercraft (waverunners, jet skis) as a permitted use in the AC zone district. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of August 17, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There were .two members of the public that spoke in opposition to the request and there was no public testimony in support of the request. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Carbone stepped down, Schwartz absent) to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). By motion, approve on first reading the ordinance for rezoning from SAD (Special Activities District) to AC (Automotive Commercial) based upon the findings and recommendation by the Planning and Zoning Board, and setting a public hearing date of October 6, 1998. Attachments: P & Z Staff Report and Documentation of August 17, 1998 Ordinance by Others ORDINANCE NO. 35-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 120 FEET NORTH OF ALLEN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND ANEFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned SAD (Special Activities District); and WHEREAS, at its meeting of August 17, 1998, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: Begin at the intersection of the North line of Lot 38 of Model Land Company Subdivision of Section 9, Township 46 South, Range 43 East, and the East right-of-way line of Old Dixie Highway, said point of intersection being 30 feet easterly, measured at right angles, from the East 50 foot right-of-way line of the Florida East Coast Railroad, being the Point of Beginning; thence southerly, along the East right-of-way line of Old Dixie Highway, a distance of 326.61 feet; thence in an easterly direction and parallel to the South line of Lot 38, a distance of 231.05 feet more or less, to the West right-of-way line of U.S. Highway No. 1 (State Road No. 5); thence in a northerly direction, along said West right-of-way line, a distance of 327.16 feet, more or less, to the said North line of Lot 38; thence in a westerly direction along the North line of said Lot 38, a distance of 231.20 feet, more or less, to the Point of Beginning, said tract being in Palm Beach County, Florida. The subject property is located on the west side of North Federal Highway, approximately 120 feet north of Allen Avenue; containing 1.73 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 35-98 - REZONING - N DELRAY KAWASAKI DEALERSHIP ""'""""~""' FROM: SAD ($DF. CIAL AS'i'IVJTIE$ D~$TRI~..T) TO: AC: (AUTOMOTIV[ C~T¥ OF D~.LRAY B[A'"K. FL PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 17, 1998 AGENDA ITEM: I~.G. ITEM: Rezoning From SAD (Special Activities District) to AC (Automotive Commercial) for Delray Kawasaki Dealership, Located on the West Side of North Federal Highway, Approximately 120 North of Allen Avenue (Formerly Dee Car Patio Factory Outlet/Miller Dodge Site). GENERAL DATA: Owner/Applicant ............. Dee Car Realty, Ltd. Agent .............................. Roy M. Simon, AIA Location .......................... West Side of North Federal Highway, Approximately 120 North of Allen Avenue. Property Size .................. 1.73 Acres Future Land Use Map ..... General Commercial Current Zoning ...............SAD (Special Activities District) Proposed Zoning ............ AC (Automotive Commercial) Adjacent Zoning .... North: GC (General Commercial) East: RM (Medium Density Residential) South: GC West: CF (Community Facilities) & RM Existing Land Use ..........Existing building formerly used for commercial and light industrial uses. Proposed Land Use ........ Rezoning to accommodate the relocation of the existing Delray Kawasaki Dealership to the site for the sales and repair of motorcycles, personal watercrafts, all terrain vehicles and small boats, with associated parking and landscaping. Water Service ................. Existing on site. Sewer Service ................Existing on site. IIl.(~. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from SAD (Special Activities District) to AC (Automotive Commercial) for Delray Kawasaki, pursuant to LDR Section 2.4.5(D). The subject property is located on the west side of North Federal Highway, approximately 150 feet north of Allen Avenue. The subject property consists of two unplatted parcels bordered on the west by Dixie Highway and on the east by Federal Highway. Prior to 1985, an automobile dealership (Miller Dodge) occupied the site, which was located partially in the City and partially in unincorporated Palm Beach County. The use was nonconforming under the City's GC (General Commercial) zoning district. In early 1985, the unincorporated portion of the property was annexed into the City and the entire site was rezoned to SC (Specialized Commercial). In December of 1988, Miller Dodge vacated the premises. With the Citywide rezoning and adoption of the Land Development Regulations in 1990, the property was rezoned from SC to AC. In April of 1991 conditional use approval was granted for the establishment of an auto repair facility (JBA Motorcars, Inc.). This facility was a full service vehicle repair operation that would specialize in the modification of foreign cars to meet U.S. emissions standards. In April of 1992, SPRAB approved a site plan for the facility, which proposed facade alterations and the installation of a new parking lot and associated landscaping. The site plan approval was subject to a number of conditions, two of which (dedication of 10' along Dixie Highway and the requirement to install Type "D" curbing around landscaped areas) were appealed to the City Commission by the applicant. The City Commission voted to deny the appeal. The owner of JBA Motorcars, who had a contract to purchase the property, proceeded with the renovation of the' structures. A dispute arose with the property owner, and the 'contract was terminated. At its meeting of January 23, 1996, the City Commission approved rezoning of the property from AC (Automotive Commercial) to SAD (Special Activities District) for a period of 3 years (1/23/99). The SAD designation allowed both GC and AC uses to occupy the site with the exception of certain limitations on the sale of used cars. A sketch plan accompanied the submission, outlined initial improvements to the site which have been implemented. The SAD zoning allowed the contract purchaser (owner of the property to the north, patio furniture sales and refinishing operation) to redevelop the site by extending their existing building south onto the subject property, building a new retail/commercial center, or seeking an unrelated tenant. However, their objective P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 2 was to expand the refinishing aspects of their existing business into the buildings on the south side of the subject property (old Miller Dodge property). In order to expand the patio business onto the site, a rezoning to GC was required. Perimeter landscaping was installed and improvements made to the building in 1996. The proposal is to change the zoning designation of the property from SAD to AC to establish the sale of motorcycles, all terrain vehicles, persona/watercraft (waverunners, jet skis), and small boats for Delray Kawasaki. A Conditional Use request and similarity of use are being processed separately to establish an associated repair facility, and to allow personal watercraft sales. The development proposal includes conversion of the existing building to accommodate the retail sales, display, storage and repair of motorcycles, jet skis, boats, all terrain vehicles, and upgrading of the existing parking area to accommodate 73 parking spaces with installation of associated landscaping, and refuse storage areas. The hours of operation will be 8:00 a.m. to 6:00 p.m., Monday through Saturday, and there will be 10-15 employees. This rezoning request is accompanied by a conditional use request to establish an associated full service vehicle repair facility on the site [ref. LDR Section 4.4.10(D)(7)], and a determination of similarity of use request to determine the sale of personal watercraft (waverunners, jet skis) is similar to sale of boats. The Conditional Use and determination of similarity of use requests are being processed separately. l'[[:;].: ~;: f ~ l':'>:;:J:{;:~:>[{':¢'~:': J:':'[':':' :{ :{ :~J:l:J:¢l:l:J:{l]l:l:l:l:J:]]J: J:' :;:;:~':I:':':':'[ J:IJI:'XI:<':I:~:;:':]:; ::~:J:;:;:l:;: J:J:~:~ :':':':':':':':':']':':~:[:~:':l> :{: J:ll':J:':l: ':':l ;l: I:I :I:'. iii ;: ;:' :': T;;:; :J:JJ J ': ;[':':' :I ;I :J ;J: I;{ :{ [J :l]{[l:' :I [l;J:] :J:J[~':l :l]{ :I :~{ :J :~ ~': J:': J~:][J[J :~I:' :':l[~J: l]l:J:{{ :':l :~J:J:l~:J:~JJ[J il:J: (J:J'l:l: ':':~:'~ I J~: ';;: J:~(l :~ J I: I :J[ J:l:;;J: J:J: J:* :~ :l:J: ]:l: J :l :J. {;:J:~l:l REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a General Commercial Future Land Use Map designation and is currently zoned SAD (Special Activities District). The proposed AC (Automotive Commercial) zoning is consistent with the General Commercial Future Land Use Map P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 3 designation. Pursuant to the LDR Section 4.4.10(B)(3),(4) and (6), within the AC zone district, the sale, lease, or rental of boats, all terrain vehicles (ATVs), and motorcycles is allowed as a permitted use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer: Water service currently exists to the site via a service lateral connection to the existing 2" water main that runs along Dixie Highway. There is also a 12" water main along the east side of Federal Highway and a 12" main which runs along the south side of the abutting property to the north. In order to provide adequate fire protection for the site and area, an 8" water main must be extended along the west side of Federal Highway from the 12" main to the south property line, with installation of a fire hydrant at the southern most driveway. This item must be further addressed with the site plan submittal. r3 Sewer service exists via a service lateral connection to the existing 6" main along Dixie Highway. The proposed development will accommodate uses of similar intensity as the currently approved uses which will have similar water consumption and sewer generation rates. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. WAh a rezoning request drainage plans are not required. The site is primarily paved with an existing structure on the south side of the property. The rezoning will not negatively impact this existing situation. Currently the center of the site is the highest point of the property and the drainage sheet flows to the east and west into swale areas and rights-of-ways. The swale areas were installed as part of the required landscaping required with the SAD approval. With the site plan submittal, documentation must be provided by a registered engineer stating that the existing swale areas accommodate the drainage for the site and comply with South Florida Water Management District criteria. A South Florida permit will be required as part of the site plan approval process. Should redesign be required there are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 4 Traffic: The uses allowed under the existing SAD zoning include uses allowed in the GC and AC zone districts. The proposed zoning is of similar intensity, therefore a potential increase in traffic is not anticipated from the rezoning action itself. As the intensity of uses within the GC and AC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan application, a traffic impact study is required. The traffic study must comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting traffic concurrency and the associated level of service standards. Parks and Re~reetion: Park dedication requirements apply to residential uses and therefore do not apply to the existing SAD zoning district or the proposed AC zoning district. Solid Waste: Trash generated each year by the proposed use (sales and repair of motorcycles, boats, personal watercraft, jet skis, all terrain vehicles) under the proposed AC zone district will be equal to or less than that generated by the commercial uses allowed under the existing SAD zoning which included both vehicle sales and higher trash generating uses like general commercial uses. The development of the property under the AC zone district should not create an adverse impact on this level of service standard. 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 the following applicable objective and policies are noted. Future Land Use Element Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 5 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district, 2) Automobile dealerships shall not locate and/or expand in the following areas: [] Within the CBD zone district; El West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10tb Street; [] East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; [] On properties fronting George Bush Boulevard, east of Federal Highway. However, on the east side of Federal Highway, south of N.E. 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4) Automobile dealerships shall be directed to the following areas: ~ North of George Bush Boulevard, between Federal and Dixie Highways; [] East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; [] South of Linton Boulevard, between Federal and Dixie Highways; [] Between the one-way pairs (Federal Highway), from S.E. 3rd Street to S.E. 10tb Street; and from N.E. 5tb Street to George Bush Boulevard; [] On the north side of Linton Boulevard, between 1-95 and S.W. 10tb Avenue, and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. If the rezoning is approved, the subject property will be developed as a motorcycle, personal watercraft, boat and all terrain vehicle dealership. It is noted however, that as the property contains over 1.5 acres (1.73 acres), the property can be developed as a full service automobile dealership. The proposed repair facilities will be operated as an accessory use to the dealership. The site is located along Federal Highway, north of George Bush Boulevard, which is the geographical area which permits automobile dealership type uses. Thus, the proposal is not within a restrictive geographical area identified above, and is therefore consistent with this Policy. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 6 Future Land Use Element Policy C-1.4 - in summary the North Federal Highway Corridor is designated as a blighted area. This policy calls for the preparation of a corridor improvement program that will, among other objectives, promote the improved appearance of the area, provide for economic stimulation and investment in the area, create jobs, stabilize and preserve residential neighborhoods through new development, redevelopment and the elimination of blight, and identifies appropriate uses for parcels adjacent to Dixie Highway and the FEC railroad tracks. The subject property incorporates a portion of the Community Redevelopment Agency's (CRA) sub-area #5, identified in the CRA Plan. Preparation of the corridor plan described in the policy is underway. The SAD approval of 1996, was temporary in order to stimulate private investment in upgrading the property's appearance which is consistent with the above referenced policy. Some improvements have been installed (perimeter landscaping, painting of the building), however, rezoning and establishment of a new use will require upgrading of the entire property (landscaping, lighting, parking, curbing, etc.) to current standards. As a precursor to this plan, the North Federal Highway Overlay District was adopted in 1996 which provided an industrial overlay allowing industrial uses along Dixie Highway in addition to commercial uses to encourage investment in and redevelopment of the corridor. Upgrading of this site will achieve this objective. The development proposal will provide economic stimulation and investment in the area and result in the redevelopment of a property which has not been well maintained for many years. The proposed development will assist in the stabilization of the existing neighborhoods to the east and west, and should be an inducement to redevelopment of the Federal Highway corridor. Thus, the proposal is consistent with the objectives of the Community Redevelopment Agency's North Federal Highway Improvement Program and was supported by the CRA at its meeting of July 23, 1998. Trans.oortation Element Table T.4 (Right of Way Dedications) Federal Highway: According to the County's Thoroughfare Map and the City's Comprehensive Plan, the ultimate right-of-way for Federal Highway is 120 feet, and only 100' exists. Technically, a right-of-way dedication of 10' should be provided along Federal Highway. The Department of Transportation has installed improvements along this segment of North Federal Highway which included resurfacing, a reduction in median cuts, and provision of bikeways. These improvements were accommodated in the existing 100' right-of-way. The widening of North Federal Highway is not included in any of the County's improvement programs, nor has it been seriously contemplated. In light of this, it would be acceptable at this time to require that the applicant reserve rather than P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 7 dedicate the right-of-way. Reserving the right-of-way means the property will be available to the State if needed for future widening. With the SAD approval of 1996, the reservation was required and has not yet been provided. Dixie Highway: The ultimate right-of-way width for Dixie Highway was 80'. In 1992, the County remanded maintenance responsibility for the road to the City and the City reduced the required right-of-way to 50'. Presently, only 30' of right-of-way exists along the subject property. Additionally, part of the Dixie Highway pavement encroaches into the FEC right-of-way to the west. In order to ensure that the minimum right-of-way is available for this road section, if removed from the FEC right-of-way, a 20' dedication is required. However, reduction to a 10' dedication is supported as the building at the southwest corner of the site encroaches into this 20' area. This dedication was previously required with the SAD approval of January 23, 1996, however the right-of- way deed was not provided. By accommodating the 10' right-of-way dedication, the vehicular use area at the southwest comer of the site will be impacted. In order to utilize this area until such time the right-of-way is needed, the property owner should submit an alternative design showing pavement modification and required landscaping, and should enter into an agreement with the City to implement these improvements if modification of Dixie Highway is implemented in the future. Transportation Element Policy A-6.2 - The approval of a modification to an existing site and development plan and/or conditional use shall be conditioned upon the upgrading of its points of access to meet adopted standards. The proposal attempts to reduce the driveway widths to comply with the above policy. LDR Section 6.1.4 states that the driveways must be 24' wide, including the driveway at the southwest comer of the site, and the driveway at the northwest comer must be set back 5' from the north property line. The driveways will need to be reduced and modified to comply with LDR Section 6.1.4. Future Land Use Element Ob_iectiye A-1 - Property' shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property contains an existing building on the south side of the property and asphalt surface on the balance. The proposal is to upgrade the existing paved area and improve the appearance of the building. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposal. The improvements will help make the site complementary to the surrounding commercial and residential developments. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 8 Section 3,3,2 (Standards for Rezoning Actions): Standards A and B are not applicable. The applicable performance standards of Section 3.3.2 are as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed AC zoning is not considered strip commercial zoning. The site contains 1.73 acres and is to be developed as a full service motorcycle, personal watercraft, ^TV, and boat dealership. (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 property is bordered by the following zoning designations and uses: ~ Zoning Uses North GC Del Sol Patio Factory West CF and RM Vacant site for future water storage tank; duplexes South GC Arrow Trailer Park East RM Kokomo Key townhouse development There are no major compatibility concerns with the surrounding uses to the north, south and east. The AC zoning allows uses that are similar in intensity to other uses in this section of North Federal Highway. Rezoning the site to allow for its redevelopment will enhance adjacent uses. Compatibility will be further addressed with the conditional use request, and site and development plan review. Compatibility to the west is a concern as 6 service bays exist at the southwest comer of the property which face the residential properties to the west. The west side of the property must be heavily landscaped to screen the repair component from the properties to the west and some restrictions on utilization of specific repair bays (ones directly visible at the driveway) are proposed with the associated Conditional Use request. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 9 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 a.o.oro.oriate 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 current SAD zoning which allows AC (Automotive Commercial) and GC (Genera/ Commercial) uses will expire in 1999. Prior to its expiration, the applicant wishes to designates AC zoning as a standard zoning classification on the site to allow for the relocation of De/ray Kawasaki which is currently a non- conforming use at its present location. This request is of similar intensity for which the property is currently zoned and as is allowed under the Future Land Use Map. The requested zoning would promote the redevelopment of the North Federal Highway corridor by providing a highly successful dealership to relocate to an area which uses are more compatible to the surrounding neighborhood.' Comment: The basis for which the rezoning is being sought most closely relates to Item "b". The SAD approval of 1996 contained a sunset clause, that the zoning be terminated after 3 years (1/23/99), which is only 5 months away. Now that a permanent .... tenant wishes to occupy the property, a conventional zoning designation consistent with the proposed use should be applied. The proposed zoning is similar in intensity as allowed under the General Commercial Future Land Use Map designation and is more appropriate given the above circumstances. Given the appearance of the property as well as the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS; Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 10 Automotive Commercial Development Standards [LDR Section 4.4.10(F)1 Pursuant to LDR Section 4.4.10(F)(2), the sale, lease, or rental of automobiles, boats, recreational vehicles, or trucks, shall be conducted on a lot which has the following minimum dimensions and area: a) Frontage: 125' b) Width: 125' c) Depth: 200' d) Area: 1.5 Acres As the proposal is to establish a dealership, the above code section is applicable. The property has 327.16' of frontage and width, 231.20' of depth (average), and 1.73 acres, "thus exceeding the minimum site dimensions and area of the AC zone district. With the required right-of-way dedication and reservation, the overall property size will exceed 1.5 acres. in addition to the above, the AC zone distdct has special requirements regarding outdoor display areas, lighting, use and operating restrictions, parking areas, and location of service areas as they relate to residential property. Redevelopment of the site must comply with these requirements or relief to specific requirements sought. During the associated sketch plan review, many LDR items have been identified and the related comments transmitted to the applicant. Those requirements or requests for relief will be considered during the site development plan process. ,._Special t.e, ndscape Setback Pursuant to LDR Section 4.3.4(H)(6)(b), along Federal Highway, properties with a depth between 200' and 250' must provide a 15' landscape setback, from the ultimate right-of- way line of Federal Highway. As previously stated, a 10' right-of-way dedication is required along Federal Highway. Thus, the landscape setback must be 15' from the ultimate right-of-way line, or 25' total while only 15' is provided. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Community_ Redevelooment A_oenc¥ At its meeting of July 23, 1998, the CRA reviewed and recommended approval of the rezoning request. P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 11 Adjacent Municipalities Notice of the rezoning has been provided to the Town of Gulf Stream. A response has not been received. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: El La Hacienda Homeowners Association ~ Palm Trail Homeowners Association El North Palm Trail Homeowners Association El Seacrest Homeowners Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The rezoning from SAD (Special Activities District) to AC (Automotive Commercial) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposal is consistent with the North Federal Highway Improvement Program as it will provide the desired economic stimulation and investment in the area, and result in the redevelopment of a blighted property which has not been well maintained for many years. Positive findings are made in the staff report with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Given the thrust for redevelopment and economic stimulation along this section of Federal Highway, it is appropriate to rezone the property to AC which will allow the dealership as a permitted use under the AC zoning district. A. Continue with direction. · B. Recommend approval of the rezoning request from SAD to AC for Delray Kawasaki, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). C. Recommend denial of the rezoning request from SAD to AC for Delray Kawasaki, based upon a failure to make positive findings with respect to LDR P & Z Board Staff Report Rezoning from SAD to AC for Delray Kawasaki Page 12 Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. Recommend to the City Commission approval of the rezoning from SAD to AC for Delray Kawasaki, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Attachments: El Location/Zoning Map E] Boundary Survey This Staff Report was prepared by: Jeff Costello. Senior Planner FORM 8B MEM_0.RANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS I.~SI %AMI I1~1%~,MI MII)I)II %,~MI: I~AMEOI- ~ARD.(~UNC'II'..tOMMI~%ION. AUIHORI1Y. OR('OMMII~EE M.%II I%(i .~1111RI ~ 1 ttF ~4RD. COUN('II.. COMMISSION, AIJ1HORII~ OR COMMIlq EE ON · 'HICH 1 ~ERVE I~ A U~I1 OF: CI 1% L~U~ 11' ~i OF ~I.ITIfAL ~U~DlYI~ION: WHO MUST FILE FORM 8B This form is for use b)an.~ person scr~ ing at the count)'. ,.'it)*. or other local level of go~ernmen! on an appointed or elected board. council, commission, authorit); or committee. It applies equally to members of advisory and non-advisory bodies who are presented ~'ith a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law ~'hen faced ~'ith 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 OOMPUANOE WITH SECTION 1t2.3143, FLORIDA STATUTES ELECfED 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 ~'hich 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 Ihe minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointb,~ 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 innuenee 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 to 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 Fo~ ~a. I~l 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 complete ~he form and file it ~,ithin 15 days after the vote occurs with the person responsible for.recording the minutes of the meeting, 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 ~o my special pri~ate gain; or ~ inured to the special gain or' {~-~ I/~ ~ ~ i"~ ~"L.. , by ~'hom ! am relained. (b) The measure before my agency and the nature or' my interest in the measure is as follows: Date Filed 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 $5,000. CE FORM ~IB - 141 PAGE TO: DAVID T. HARDEN CITY MANAGER DEPARTMENT OF PLANNING AND ZONING (..~ _~ SUBJECT: MEETING OF SEPTEMBER 15, 1998 AMENDMENT TO LDR SECTION 2.4.3(E) TRAFFIC STATEMENT AND STUDIES This amendment will require that new development or redevelopment in the TCEA (Transportation Concurrency Exception Area), which results in the addition of 50 or more employees, must be accompanied by a plan to mitigate traffic impacts through the use of such measures as ride-sharing, staggered work hours, van pooling, etc. These measures are referred to as TDM (Transportation Demand Management) activities. The amendment is required by our Comprehensive Plan (Policy D-3.3 of the Transportation Element), and was important to our obtaining the state's approval of the TCEA designation. Additional information and a description of the amendment are included in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing on this item on August 17, 1998. No one from the public spoke in objection or support. The Board recommended 6-0 (Schwartz absent) to approve the amendment. By motion, approve the amendment to LDR Section 2.4.3(E), Traffic Statements and Studies pursuant to the findings and recommendation of the Planning and Zoning Board. Attachments: · P&Z Staff Report z2. ORDINANCE NO. 36-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2 . 4 . 3 , "SUBMISSION REQUIREMENTS" , SUBSECTION 2 . 4 . 3 (E) , "TRAFFI C STATEMENTS AND STUDIES" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING A NEW SUBPARAGRAPH 2.4.3(E) (3), "TP~ANSPORTATION DEMAND MANAGEMENT", TO PROVIDE THAT LAND USE APPLICATIONS THAT WILL RESULT IN THE ADDITION OF MORE THAN 50 EMPLOYEES ON PREMISES LOCATED IN THE CITY'S TRANSPORTATION CONCURRENCY EXCEPTION AREA SHALL INCLUDE SUBMITTAL OF A PROGRAM TO IMPLEMENT EMPLOYER-BASED TRANSPORTATION DEMAND MANAGEMENT ACTIVITIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on August 17, 1998, and voted unanimously to recommend that it be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, "Administrative Provisions", Article 2.4, "General Procedures", Section 2.4.3, "Submission Requirements", Subsection 2.4.3(E), "Traffic Statements and Studies", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subparagraph 2.4.3(E) (3) to read as follows: (E) Traffic Statements and Studies: (3) Transportation Demand Manaqement: A land use application which will add use area or establish a new use that will result in the addition on the premises of more than fifty employees, located in the City's TCEA (Transportation Concurrency Exception Area), shall include submittal of a Droqram to implement employer-based TDM (Transportation Demand Manaqement) activities. These activities may include, but are not limited to, ride sharinq, van Doolinq, and flexible work hours. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby.repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 36-98 MEETING OF: August 17, 1998 AGENDA ITEM: Ii1. L. AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 2.4.3(E), TRAFFIC STATEMENTS AND STUDIES The item before the Board is that of making a recommendation to the City Commission regarding a change in the Land Development Regulations (LDR) to require major developers locating in the Transportation Concurrency Exception Area (TCEA) to submit a program to implement employer-based Transportation Demand Management (TDM) activities as part of their development proposal. The TCEA is located in the downtown area, and includes the Central Business District and West Atlantic Redevelopment Area (see map). In this area, developments are exempt from traffic concurrency requirements. The TCEA was adopted by the City, and established in the Comprehensive Plan in 1995, along with several implementing policies. One of these policies calls for the following: ~The City shall adopt changes to the Land Development Regulations that require major developers (more than 50 employees) locating within the TCEA to submit a program to implement employer-based TDM activities. This activity shall be completed in FY 97~98. These activities may include, but are not limited to, ride sharing, van pooling, and flexible work hours. The purpose of TDM activities is to increase mobility options in the downtown, reduce trip lengths and traffic impacts, and reduce impacts on the parking inventory. As the revitalization of the downtown continues, mobility issues will become more apparent, and their solution more important. These issues include traffic volumes, P&Z Board Memorandum Staff Report Amendment To The Land Development Regulations Section 2.4.3(E) Traffic Statements and Studies Page 2 parking, and the availability of alternatives to the single occupancy vehicle. The Comprehensive Plan calls for the implementation of programs and tools to reduce trips on the roadways and demand for parking. As examples, an efficient bus system, sidewalk system and bicycle facilities provide opportunities to choose an alternative mode of transportation, reducing the impacts of automobiles. The implementation of employer-based TDM activities is such a tool, a method whereby the private sector provides mobility options for its employees. Although useful for any employer, TDM activities are most effective and cost-efficient for companies with a significant number of employees. In Comprehensive Plan Policy D-3.3, the City selected a total of 50 employees, including all shifts, as a reasonable threshold at which to require the implementation of TDM activities. The recommended change to the LDR to establish this requirement is: LDR Section 2.4.3 (E) (3) Transportation Demand Management: A land use application, which will add use area or establish a new use, that will result in the addition on the premises of more than 50 employees, located in the City's TCEA (Transportation Concurrency Exception Area). shall include submittal of a program to implement employer-based TDM .(Transportation Demand Management) activities. These activities may include, but are not limited to. ride shering, van pooling, and flexible work hours. The requested LDR change is required by the Comprehensive Plan as a tool to implement the TCEA. Therefore, adoption of the proposed LDR change will further both the Comprehensive Plan and the TCEA, and aid in the revitalization of the downtown. Recommend that the City Commission approve the attached changes to LDR Section 2.4.3(E), Traffic Statements and Studies. S:~adv\TDM1 -2-