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11-17-98 Regular DELRA'~ BEACH Ali-America City NOVEMBER 17, 1998 - 6:0© P.M./PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Conunission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or conlment s. 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 Cormmission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting November 17, 1998 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: Regular Meeting of September 15, 1998 6. Proclamations: A. Recognizing and commending Lawrence E. Strainge, candidate for Department Commander, The American Legion Department of Florida, 1998-1999, for exemplary leadership and dedication. B. Proclaiming 1999 as Free Sons of Israel Year in recognition of the Order's 150th Anniversary. 7. Presentations: A. RESOLUTION NO. 73-98: A resolution recognizing and commending Commissioner Kevin P. Egan for having served the City of Delray Beach with dedication and distinction. B. Downtown Directional Signage/AM-SIGN (Marjorie Ferrer) C. MAD DADS (Chuck Ridley) 8. Consent Agenda: City Manager recommends approval. --2-- Regular Commission Meeting November 17, 1998 A. RESOLUTION NO. 71-98 (F2%SEMENT A~O~NT/ATLANTIC PLAZA): Approve a resolution vacating and abandoning a ten foot utility easement within Atlantic Plaza, located at the northeast corner of East Atlantic Avenue and N.E. 7th Avenue, based upon positive findings. B. RESOLUTION NO. 72-98 (A~NDONMENT OF EASEMENTS AND ACCEPTANCE OF REPLACF/~ENT F~SF~NTS): Approve a resolution vacating and abandoning certain easements within St. George's at The Landings, located at the southwest corner of George Bush Boulevard and Andrews Avenue, based upon positive findings, and accept an easement deed for replacement easements. C. MODIFICATION OF STANDARDS FOR APPROVAL/FINGER PIER DOCKS AT 1516 L~ DRIVE: Approve a modification of standards for approval pursuant to LDR Section 7.9.4(A) to allow the construction of a two slip boat house and finger piers extending 30 feet from the property line at 1516 Lake Drive. D. FINAL PAYMENT TO PAX/~ BEACH COUNTY AND LIQUIDATION OF RESIDUAL FUNDS (MILITARY TRAIL UTILITY RELOCATION): Approve the final reimbursement payment in the amount of $1,410.00 to Palm Beach County for utility relocation in conjunction with the paving and drainage construction on Military Trail, and authorize the liquidation of the residual funds in the amount of $42,120.00 in the project account 440-5179-536-69.20 (Military Trail Utility Relocation). E. FINAL PAYMENT/ANYTHING IN FENCE, INC. (MERRITT PARK IMT~ROVE~NTS): Approve final payment in the amount of $7,372.00 to Anything In Fence, Inc. for completion of the Merritt Park Fencing Improvements project, with funding in the amount of $2,440.00 from 118-1965-554-63.40 (Community Development/Recreation Improvements), $2,000.00 from 442-5178- 536-61.82 (Water & Sewer R&R/Well Rehabilitation), and $2,932.00 from 442-5178-536-61.83 (Water & Sewer R&R/Lift Station Rehabilitation). F. CONTRACT ADDITION (C.O. #2)/PAVEX CORPORATION (S.E. 2ND STREET ~ CEMETERY ROADS): Approve a contract addition (C.O. %2) in the total amount of $37,906.25 with Pavex Corporation under the 1998 Street Resurfacing contract for the leveling and overlay of S.E. 2nd Street between S.E. 1st and 2nd Streets ($9,450.00) and the cemetery roads ($28,456.25), with funding in the amount of $4,725 from 442-5178-536-63.50 (Water Mains), $4,725 from --3-- Regular Commission Meeting November 17, 1998 448-5461-538-63.93 (Other Improvements/SE 2nd Avenue), and $28,456.25 from 334-6111-519-46.90 (Other Repair/Maintenance). G. CONTRACT ADDITION (C.O. #1)/JAM ROCK, INC. (SIDEWALKS AT PINE GROVE PARK): Approve a contract addition (C.O. #1) in the amount of $14,853.90 and a time extension of 14 calendar days to the Southwest Street Improvements contract with Jam Rock, Inc. for the construction of sidewalks along S.W. 7th Avenue and S.W. llth Street at Pine Grove Park, with funding from 118- 1965-554-63.11 (Community Development - Bike Paths/ Sidewalks). H. DIGITAL BASE MAPS/JOINTVENTURE WITH PALM BEACH COUNTY PROPERTY APPRAISER: Authorize the Mayor to sign an agreement with ADR, Inc. for digital photogrammetric base maps of that area bounded on the north by Lake Ida, on the south by S.W. 10th Street, on the east by the Intracoastal Waterway, and on the west by 1-95 (approximately 1,845 acres); with funding in the amount of $25,368 from 448-5461-538-63.90 (Stormwater Utility - Other Improvements) and $25,368 from 441-5161-536-63.90 (W&S New Capital - Other Improvements) for a total of $50,736. I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period from November 2nd through November 13, 1998. J. AWARD OF BIDS AND CONTRACTS: 1. Bid award at an estimated annual cost of $11,040 to Complete Property Services for the mowing and maintenance of thirteen (13) stormwater retention areas within the City (approximately 7.46 acres), with funding from 448- 5416-538-34.90 (Stormwater Utility - Other Contractual Services). 2. Purchase award at an estimated annual cost of $17,528.18 to McWane, Inc. D/B/A Kennedy Valve Co., via Miami-Dade Water Sewer Bid, for the purchase of fire hydrants, with funding from 442-5178-536-52.29 (W&S Renewal & Replacement -Fire Hydrants under $500). 3. Award to Meats Motor Leasing for a one year lease in the estimated amount of $38,520.00 for six vehicles to be used by the Police Department Vice Intelligence Division and Narcotics Division, with funding from 001-2115-521-44.40 (Police Investigative - Vehicles Rental/Lease). -4- Regular Commission Meeting November 17, 1998 4. Purchase award to IKON Office Solutions, via Dade County School Board Contract, for the upgrade of the Police Department's District 2 copier, currently a Canon NP4050, to be upgraded to a Canon HP6551 for a 60 month lease, at a lease cost of $473.11 per month for a total of $28,386.60 over the 60 month lease period, plus excess copy charges, with funding from 001-2117-521-44.30 and 001-2119-521-44.30 (Police District 1 & 2 - Equipment Rental/Lease). 5. Purchase award in the amount of $16,900.00 to Molloy Brothers, Inc. for the emergency replacement of a drainage outfall pipe on Dogwood Drive, with funding from 448-5461- 538-63.90 (Stormwater Utility - Other Improvements). 9. Regular Agenda: A. REQUEST FOR WAIVER/OUTDOOR DISPLAY OF BOATS FOR DELRAY KAWASAKI: Consider a request to waive the provisions of LDR Section 4.4.10(G) (5) (a) to allow outdoor display of boats at the Delray Kawasaki dealership, to be located at 1900 North Federal Highway within the AC (Automotive Commercial) zoning district. QUASI-JUDICIAL PROCEEDING B. TEMPORARY USE AND HOLD HARMLESS AGREEMENT/TROLLEY SERVICES: Consider approval of a temporary use and hold harmless agreement with ERdb Inc. d/b/a Erny's to provide a public trolley service in the downtown corridor for a trial period of six (6) months. C. 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 December 10, 1998, including temporary use permits for street closures, staff support, use of City equipment, specified overtime costs, and use of pedi- cabs during the event. D. REQUEST FOR WAIVER/USE OF LOTS OF RECORD ASSOCIATED WITH THE NORTH BEACH THREE PLAT: Consider a request to waive the provisions of LDR Section 4.1.4(C) to allow for the creation of a non-conforming lot separate from the North Beach Three Plat property, both of which are under the same ownership. QUASI- JUDICIAL PROCEEDING 1. FINAL PLAT APPROVAL/NORTH BEACH THREE PLAT: Consider approval of the final subdivision plat for North Beach --5-- Regular Commission Meeting November 17, 1998 Three Plat, a proposed two lot subdivision located on the west side of North Ocean Boulevard (State Road A1A), on the north side of Sandoway Lane. E. RESOLUTION NO. 70-98 (ABANDO~NT OF A PORTION OF QUEENS AVENUE) AND ACCEPTANCE OF REPLACEMENT EASF/~ENTS: Consider approval of a resolution vacating and abandoning a portion of Queens Avenue lying on the east side of Wallace Drive, north of Linton Boulevard, based upon positive findings, together with acceptance of an easement deed for replacement easements. F. AWARD OF BID FOR HISTORIC STRUCTURES SURVEY PROJECT: Consider approval of a bid award in the amount of $19,900 to Janus Research to conduct a comprehensive survey of historic structures (50 years old or older) within the City's target area. G. RECONSTRUCTION OF DRINKING WATER WELL #24: 1. Closeout Chan~e Order & Final Pa~ment/Jaffer Associates, Inc.: Consider approval of closeout Change Order %1 in the net deduct amount of $27,064.87 and final payment in the amount of $20,434.13 to Jaffer Associates, Inc. for work on the referenced project, with funding from 442- 5178-536-63.97 (Raw Water Well 924 Rehabilitation). 2. Emer~enc~ Purchase Order/Well Water Systems, Inc.: Consider approval of an emergency purchase order in the amount of $25,300.00 to Well Water Systems, Inc. to complete the scope of work deducted from Jaffer Associates' contract on the referenced project, with funding from 442-5178-536-63.97. H. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint a member to the Site Plan Review and Appearance Board for a two year term ending August 31, 2000. The appointment will be made by Commissioner Egan (Seat #2). I. APPOINTM]ZNT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a resident member the Delray Beach Housing Authority for a four (4) year term ending July 12, 2002. The appointment will be made by Commissioner Randolph (Seat #4). J. Discussion concerning the appointment of a Commissioner to fill the vacancy created by Mr. Egan's resignation. -6- Regular Commission Meeting November 17, 1998 10. Public Hearings: A. ORDINANCE NO. 47-98: An ordinance amending LDR Section 4.6.9(E), "Location of Parking Spaces", and Section 4.4.13(G), "Supplemental District Regulations" in the CBD, regarding in- lieu of parking regulations. B. ORDINANCE NO. 48-98: An ordinance rezoning the City's Public Works warehouse property from PCC (Planned Conunerce Center) to CF (Community Facilities} District. The subject property is located at the southwest corner of Lake Ida Road and the CSX Railroad, approximately 480 feet east of Congress Avenue. QUASI-JUDICIAL HEARING 11. Comments and Inquiries on Non-Agenda Items from the Public- Imediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: None 13. Co~unents and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -7- CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA RE--MEETING - NOVEMBER 17, 1998 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM Item 7, Presentations, of the agenda is amended by adding the following: D. Presentation of 1998 Long Drive Contest Trophy to Commissioner Kevin Egan. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. ref:ADDENDUM WHEREAS, The American Legion Department of Florida is a federally chartered non-profit organization which provides assistance to veterans, widows of veterans and the dependent children of veterans through a variety of programs, services and activities; and WHEREAS, The Florida American Legion is the largest veterans organization in the State of Florida; and WHEREAS, Lawrence E. Strainge is a veteran of the Korean Conflict who served honorably in the United States Army, earning the right to become a Legionnaire; and WHEREAS, Mr. Strainge is currently in his 27th consecutive year of service to The American Legion, Sherman Williams Post 188 in Delray Beach, where he has served in every capacity within the Post, most notably Post Commander from 1982 through 1986; and WHEREAS, during his years as Post Commander, Mr. Strainge initiated a number of humanitarian programs to assist and support his neighborhood and community organizations, and his untiring dedication has earned his Post many commendations for outstanding services rendered; and WHEREAS, in 1986 Mr. Strainge was elected to represent the Eleventh District as a member of the Department Executive. In 1987 he was unanimously elected to serve as the Eleventh District Commander and in 1993/94 he served as the Florida Department Vice-Commander representing the Southern Area; and WHEREAS, Mr. Strainge is also a member of 40/8 Voiture 290, Shad Club #27, Delray Masonic Lodge #275, and an active member of the Greater Mount Olive Missionary Baptist Church where he serves on the Board of Trustees; and WHEREAS, on October 14, 1997, the Sherman Williams Post #188 overwhelmingly endorsed Lawrence E. Strainge as a candidate for the high office of Department Commander, Department of Florida, and Mr. Strainge was subsequently elected Depai-hi-~ent Commander, Department of Florida for 1998/1999 by unanimous vote at the Department Convention in Orlando on July 11, 1998. NOW, THEREFORE, L JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend LAWRENCE E. STRAINGE for his exemplary leadership and as a superb example of dedicated service to God and Country. 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 17th day of November, 1998. MAYOR JAY ALPERIN WHE~F2%S, The American Legion Department cf Florida is a federally chartered non-profit organization which provides assistance to veterans, widows of veterans and the dependent children of veterans through a variety of programs, services and activities; and WH~P~.AS, The Florida AJnerican Legion is the largest veterans organization in the State of Florida; and ~HEl%EAS, Lawrence E. Strainge is a veteran of the Korean Conflict who served honorably in the United States Army, earning the right to become a Legionnaire; and ~F. AS, Mr. Strainge is currently in his 27th consecutive year of service to The Araerican Legion, Sherman Williams Post 188 in Delray Beach, where he has served in every capacity within the Post, most notably Post Commander from '982 through 1986; and WHEP~S, during his years as Post Commander, Mr. Strainge initiated a number of humanitarian programs tc assist and support his neighborhood and ccmm, unity organizations, and untiring dedication has earned his Post many co~,endations for outstanding services rendered; and WHEP~.AS, in 1986 La~rcncc Strainge was elected to represent the Eleventh District as a member of the Department Executive. In 1987 he was unanimously elected to serve as the Eleventh District Commander and in 1993/94 he served as the Fi~Irida Department Vice-Cor~rLander representing the Southern Area; ~HE~EAS, Mr. Strainge is also a member of 40/8 Volture 290, Shad Club #27, Delray Masonic Lodge #275, and an active member of the Greater Mount Olive Missionary Baptist Church where he serves on the Board of Trustees; and WHE~EAS, on October 14, 1997, the Sherman Williams Post ~188~ overwhelmingly endorsed Lawrence E. Strainge as a candidate for the high office of Dep&r~ment C~nder, Department NOW, THE~EFO~tE, I, JAY ;tL~ERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Conunission, do hereby recognize and commend for his exemplary leadership and as a superb example of dedicated service to God and Country. IN WIT~SS WHEP~EOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this !Tth day of November, 199~.~_ /%LPERIN WHEREAS, The American Legion Department of Florida is a federally chartered non-profit organization which provides assistance to veterans, widows of veterans and the dependent children of veterans through a variety of programs, services and activities; and WHEP~, The Florida American Legion is the largest veterans organization in the State of Florida; and WHE~S, Lawrence E. Strainge is a veteran of the Korean Conflict who served honorably in the United States Army, earning the right to become a Legionnaire; and WHEP~S, Mr. Strainge is currently in his 27th consecutive year of service to The American Legion, Sherman Williams Post 188 in Delray Beach, where he has served in every capacity within the Post, most notably Post Coramander from 1982 through 1986; and WHERF~AS, during his years as Post Commander, Mr. Strainge initiated a number of humanitarian programs to assist and support his neighborhood and community organizations, and his untiring dedication has earned his Post many commendations for outstanding services rendered; and WHEREAS, in 1986 Lawrence Strainge was elected to represent the Eleventh District as a member of the Department Executive. In 1987 he was unanimously elected to serve as the Eleventh District Commander and in 1993/94 he served as the Florida Department Vice-Commander representing the Southern Area; and WHEREAS, Mr. Strainge is also a member of 40/8 Voiture 290, Shad Club #27, Delray Masonic Lodge 9275, and an active member of the Greater Mount Olive Missionary Baptist Church where he serves on the Board of Trustees; and WHEREAS, on October 14, 1997, the Sherman Williams Post #188, overwhelmingly endorsed Lawrence E. Strainge as a candidate for the high office of Department Commander, Department of Florida for the year 1998-1999. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend LAWRENCE E. STRAINGE for his exemplary leadership and as a superb example of dedicated service to God and Country. 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 17th day of November, 1998. MAYOR JAY ALPERIN 0ct-22-98 ~3:2~P FL Am~rgcan Leggon St Hq 1 407 299 ogo1 P.O1 ~ The American l-.e§ion .'' ~W¢ FAX Deparh'nent of Florida .; PO Box ,.-547936 ';'%~ Orlando, FL 32854-7936 I 11 .... · .... To: From: Lilly Stralnge Roz Mullen Date: 10/22/98 Number of Pages: 1 FAX 561. 243 - 9880 Phone: 407/295-2631 ' Fax: 407/299-0901 Hard copy to follow; ~a~N NO Rem3rks: Dear [,iii.v: The American Legion was chartered on March 15, 1919. The Department or'Florida was chartered on May 24, 1919. I have two brochures with all the program infbrmaticm you can usc. One deals vdth programs on the National level and the other deals with Department programs through 1997-98. I ~11 have to mail these, however, because they just won't fax well. They are in the mail as we speak. 0ct-26-98 03: 39P FL American Legion St HQ i 407 299 0901 P_01 × J Jere :.we jtJ~[ ~ Qw ot · N,:cdv d~i[dR'n ~md l'amb Whenyouget involved in · Dcser~-'mg high sch,>,d sn,denrs wurc :,ward- cd $3.8 nuilion in college sch~'~larships million in donations. hc,ul's ofservbze ro their o ,mmurdtics. AMERICA! · Legh>n Pc, srs pr,,vid<d over *? million <.tllergeoc. y aid ro refer:ms last · C)ve~ $37.5 million was ~pt-nt by Americao I.egicsB and irs ,m'iliatcd dons tbr the be~aefir ,~f children :md youth last year, · Legionnaires across The c,,unrry donate V ' almt>~t ~ milIk,n Routs each Tea,' in the U~.,luntary 8,..rvice Program, helping verernns who arc patient's iB VA m~,'{icnl facilities. · The Legioo's Family Snpporr N~'rwork has "" hdped thousands of familv m~mb<rs military p:rsc,m~el m rl~, Persian Gulf cvgry day no:ds I'rol]l Sll~lpJe }sc,~seh,,Jd repah's r~ financial That's what "get'tU-m ,~t:,:,l~ed ' can ,.t<,. Ifs ]u:Iping people. [t'~ Americans ra~ing cnre of Amcric:,, And the impressive pnrr ,~f rhe activities "(Tiutr ]l~V,)]VCTt]/' ]r'5 thc motto ~,f' Thu Amcri,:i,n ,.'Ltcd above is the I~ct ~ha[ l'Jxey were: achieved by l.em,,n. Ids aJs,~ rlqe iwimm'y reason wl'w m,.,rc and ~mly [~tdt'ol' thc-L.c'~i,:,,'~'s 15,000 charrel'e.d P~srP. li,',:s ~,, ~h<'ir c,,u81.1¥', lr'$ Tlqe ['.nc.~'gr,,mq,] oi ,-Xs :.~ ]_egior, rncmb<r, y~.,u will open an unending ilt,',,Ix'c]u,.'t~t tha,. crcnt<:s :,ttcJ <upp,",r s the feeling caralr~g of rq-porr, mirics T,] cxt.,:md youmr lil~ and ,.1 c:~m:~radcric which Inakcs 'l'l~c Am,:ri<':ttt utili:e vn trt niq,~e r~le'rs. T,', m,>rc fully undcr~ · staled tile vc,.,pt2, of AlT et'ir: q [.egi~qh m~rn-mht:rxhip. '~ 19198506670 GREATER MT OLIVE P05 Sherman Williams Post 188 · 800 N.W. 2nd Street Delray Beach, Florida 33444 November 18, 1997 To: Fellow Legiormaires: At the regularly scheduled meeting of the Sherman William Post # 1 $8 held on October 14, 1997 at 7:30 pm, the Executive Committee and General Membership voted unanimously to endorse l~wr~nc~: E. Strainge for thc High Office of Departmeut Commander, Department of Florida 1998-1999. Lawrence is a Korean Veteran who served honorably in the United States Army. He is currently in his 27th year of continuous service to the American Legion. He has served in every capacity within the post; most predominately having served as Post Commander from years 1982 through 1986. During his years as Post Commander, he initiated a number of humanitarian programs to assist and support this neighborhood and community organizations. Lawrence's untiring dedication and friendly attitude has earned many commen- dations for this post, as well as himself, from many civic organizations. In addition, his r¢cruitmcn'g efforts increased the membership of this post to an all time high, and achieved one hundred l:~rcent of his objective. During 1956-1967, Lawrence served on the District Executive Committee. In 1957, he was unanimously elected Commander for the 11th District. As 1 lth District Commander, he again demonstrated his recruitment skills by leading the 11 th. District to becoming the first in the Southern Area. to achieve one hundred percent of it membership objective. Lawrence served as Aide to Department Commanders, Chairman of District Staffand Color Guard, Vice Chairman of StaffCompctition. A member of the Citizen Flag Alliance Team. Boys State Counselor for 2 years. Deparlment of Florida Vice Commander Southern Area 1993-94. A member of the 1997 National Corporation of Florida serving as contests chairman. Appointed Vice Chairman, Distinguished Guest at the National level. Presently serving a second year on thc National Security Commission. In Februa~ 1992, as a result of Lawrence's untiring dedication, Post #1ge was recognized by a local organization for its "outstanding services rendered in and for this (Delray Beach) community." Lawrence is a member of40/g Voiture 290, Shad Club #27, D¢lray Masonic Lodge #275. He is an active member of Greater Mount Olive Missionary Baptist Church and serves on the Board of Trustees. Lawrence Strainge's accomplishments arc many and varied, these are but a few. His superb leadership has earned him the respect and admiration of all who know of him. Thus it is with extreme pride that wc overwhelmingly endorse Lawrence E. Strainge as a candidate for thc high office of Department Commander, Department of Florida for the year 1998-1999. 19198506670 GREATER ~IT OLIVE Po2 LAWRENCE E. 'LARRY' STRAINGE CANDIDATE FOR DEPARTMENT COMI~A/gDER 1998-99 MR COMMANDER - DELEGATES - DISTINGUISHED LEGIONNAIRES ALL. MY NAME IS BILLY ANDERSON, A MEMBER OF CORAL GABLES THE CITY BEAUTIFUL, AMERICAN LEGION POST 98, AND A DELEGATE TO THIS CONVENTION. L I HAVE BEEN GIVEN THE HONOR OF PLACING IN NOMINATION A LEGIONNAIRE WHO IS A CANDIDATE FOR THE HIGH OFFICE OF DEPARTMENT COMlW. ANDER, THE AMERICAN LEGION DEPARTMENT OF FLORIDA. HIS ELIGIBILITY TO BE A LEGIONNAIRE WAS EARNED BY HIS HONORABLE SERVICE IN THE U. S. ARMY DURING THE KOREAN CONFLICT (OR AS MOST OF US WOULD SAY, THE KOREAN WAR.) HIS ELIGIBILITY TO RUN FOR THIS HIGH OFFICE IS BASED ON THE FOLLOWING. HE IS CURRENTLY IN HIS 27TH CONSECUTIVE YEAR OF SERVICE TO THE AMERICAN LEGION. AFTER HAVING SERVED ON EVERY COMMITTEE, AND IN EVERY OFFICE OF HIS POST, HE WAS ELECTED POST COMMANDER IN 1982 W-HERE HE CONTINUED TO SERVE UNTIL 1986. DURING HIS YEARS AS POST COMlW. ANDER, IN ADDITION TO THE REGULAR AMERICAN LEGION PROGRA/~S, HE DEVOTED MUCH TIME TO HUMANITARIAN PROJECTS IN THE COMe, UNITY, BRINGING MANY COMMENDATIONS TO THE AMERICAN LEGION AND HIS POST. HONOR AS CHAIRMAN OF THE NATIONAL CONVENTION STAFF COMPETITION HELD HERE IN ORLANDO JUST LAST YEAR. 191985O667O GREATER ~T OLIVE PAGE 2 LAWRENCE Eo 'LARRY' STRAINGE AT THE SAME TIME HE LEAD HIS POST TO AN ALL TIME HIGH IN MEMBERSHIP. REGARDLESS OF THE OFFICES IN THE AMERICAN LEGION THAT HE HELD, HE HAS CONTINUED, EVEN TODAY, TO SERVE HIS HOME POST. IN 1986 HE WAS ELECTED TO REPRESENT THE ELEVENTH DISTRICT AS A MEMBER OF THE DEPARTMENT EXECUTIVE. IN 1987 HE WAS UNANIMOUSLY ELECTED TO SERVE AS THE ELEVENTH DISTRICT COM/~kNDER. DURING THIS YEAR HE PROVED HIMSELF AS A RECRUITER AS WELL AS A LEADER, BY LEADING HIS DISTRICT INTO FIRST PLACE - THE FIRST 100% DISTRICT IN THE SOUTHERN AREA. THE YEAR 1993-94 FOUND HIM SERVING AS OUR DEPARTMENT VICE COMMANDER, REPRESENTING THE SOUTHERN AREA. ANOTHER JOB WELL DONE. FOR A NUMBER OF YEARS HE HAS SERVED YOU AND OUR DEPARTMENT AS CHAIRMAN OF TH~ DISTRICT COLOR GUARD AND STAFF COMPETITION. BECAUSE OF THAT OUTSTANDING SERVICE HE WAS SELECTED TO SERVE AS A MEMBER OF THE 1997 NATIONAL AMERICAN LEGION CONVENTION CORPORATION AND SERVED WITH HONOR AS CHAIRMAN OF THE NATIONAL CONVENTION STAFF COMPETITION HELD HERE IN ORLANDO JUST LAST YEAR. ~' 19198506671) GREATER MT OLIVE PAGE 3 LAWRENCE E. LARRY STRAINGE ALSO ON THE NATIONAL LEVEL HE HAS BEEN A VICE CHAIRMAN OF THE DISTINGUISHED GUEST COMMITTEE AND FOR TWO YEARS A MEMBER OF THE NATIONAL SECURITY COMMISSION. HE SERVED OUR YOUTH, FOR TWO YEARS AS A BOYS STATE COUNSELOR ~D IS LOOKING FORWARD TO RETUm~I.~C TO WORTH ~ILE ACTIVITY IN THE YE~S TO COME. ~S~DZS T.~ ~C~ ~S~O., .Z XS ~ ~Z~ O~ VOXT~ 290 OF THE 40/8; S~D CLUB ~27 DEL~Y ~SONIC LODGE 9 275 T~UST~S FO~ T.~ S~Z~ ~O~ O~V~ HIS CO~NITY RECOGNIZED HIM ~D HIS POST FOR THE OUTST~DING SERVICE RENDERED IN ~D FOR THE DEL~Y BEACH So ~. CO~DER AND MY FELLOW DELEGATES, SO T~T HE CAN CONTINUE THAT SERVICE TO O~ COMITY, STATE I ~ HAPPY TO NOMINATE A LEGIONNAIRE OF SHEEN WILLI~ POST ~188 DEL~Y BEACH FLORIDA FOR THE HIGH OFFICE OF DEP~TMENT CO~NDER, THE ~ERIC~ LEGION DEPARTMENT OF FLORIDA FOR 1998-99. T~NK YOU--- BILLY ANDERSON, erutre Regular Duty May 29, 1957 Honorable Release from Active Duty S~e as above ~~~ ~.~~; ~ November 1 1994 WHEREAS, the Free Sons of Israel is the oldest Jewish fraternal benefit organization in the United States, having been formed in New York City in 1849 to counteract and fight religious persecution; and WHEREAS, the Free Sons of Israel has evolved into a national order with members throughout America, including four branches in the State of Florida; and WHEREAS, this organization is dedicated to furthering the rights of all people regardless of color, race or religion and upholding the democratic principles set forth in the Constitution of the United States of America; and WHEREAS, the charitable arms of the Free Sons of Israel have raised millions of dollars for many charities and needy organizations on a non-sectarian basis; and WHEREAS, during the holiday season, thousands of toys are donated by the Free Sons of Israel to children of all denominations. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim 1999 as FREE SONS OF ISRAEL YEAR in Delray Beach, Florida, and urge all citizens to join in recognizing and commending this worthy organization as the Free Sons of Israel celebrates it's 150th Anniversary. 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 17th day of November, 1998. MAY OR JAY ALPERIN SEAL FREE SONS OF ISRAEL 0OT 2 The Honorable Jay Alperin 1 O0 N.W. First Avenue Delray Beach, Fla. 33444 Dear Mayor Alperin, I am writing to you on behalf of the FREE SONS OF ISRAEL the oldest Jewish fraternal benefit organization in the United States. We are celebrating our 150th anniversary in the year 1999.This alone is a unique accomplishment. The organization was formed in 1849 to counteract and fight religious persecution in New York City. They have continued these ideas for the next 150 years. We are dedicated to further the rights of all people regardless of color, race, or religion. We have supported the United States in all its endeavors. We support the State of Israel., and was the first organization to support the Holocaust museum in Washington D.C..In addition our charitable arms have raised millions of dollars for many charities and needy organizations on a non sectarian basis. We have also donated hundreds of thousands of toys to hospitals at Chanukah and Christmas time. We are a national order with members throughout America. We have four branches in the State of Florida alone. We have an Insurance Fund which insures our members, as well as a Scholarship Fund which awards scholarships to the children of our members. We will be celebrating this unprecedented event with two gala affairs. One will take place in the month of May in New York City where our National Headquarters is located. An equal event will take place with a festive luncheon to be held at David' Caterers in Tamarac Florida on January 31 st. Since our Order reaches from the Atlantic to the Pacific and from Mexico to Canada we would be proud to have your great city as one of many to help proclaim the year 1999 as 'FREE SONS OF ISRAEL' year. You may contact either of the parties below. We thank you in advance and hope for an early response to our request. Robert J. Grant, Chairman Pembroke Pines, Fl. (954)438-9233 Hy Robinson, Pres, F1 Cncl. Co-Chairman Coconut Creek, Fl. Past United States (954)974-1687 Grand Masters RESOLUTION NO. 73-98 A RESOLU'IqON OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING KEVI'N P. E(~AN FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DIST/NCTION AND DEDICATION. WHEREAS, Kevin P. Egan was appointed to the Community Redevelopment Agency Board of Directors in August, 1988, having served on the Atlantic Avenue Task Force and the Delray Beach Advisory Committee of the Palm Beach County Housing Partnership; and WHEREAS, Mr. Egan served as Chairman of the Community Redevelopment Agency from August, 1989 until March, 1996; and ' WHEREAS, while serving on the CRA, Kevin also chaired the Downtown 3oint Venture from 1993 until 1996, and the Parking Management Team from 1994 to 1996; and WHEREAS, on March 12, 1996, Kevin was elected without opposition to the Delray Beach City Commission (Seat #2), and was re-elected without opposition in March, 1998, for his second two year term; and WHEREAS, during his tenure of public service, Kevin Egan has demonstrated his commitment to volunteerism and the improvement of his community; and WHEREAS, Commissioner Egan has served with distinction and dedication in the performance of his duties and has consistently provided his knowledge and talents to the betterment of the city and its residents; and WHEREAS, true to his oath, Commissioner Egan has well and faithfully performed the duties of Commissioner of the City of Delray Beach, Florida; and WHEREAS, at the close of the regular meeting on November 17, 1998, Commissioner Egan will resign his seat on the City Commission to accept a position as Marketing Executive with Field and Associates which necessitates his moving to Massachusetts; and WHEREAS, the expertise and knowledge provided by this dedicated individual will be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends COMMISSIONER KEVIN P. EGAN for his excellent record of dedicated and faithful public service, and extends the sincere thanks and appreciation of the citizens of Delray Beach for a job well done. Section 2. That the City Commission further wishes Kevin Egan and family the best of health and happiness in all of their future endeavors. PASSED AND ADOPTED in regular session on this the 17th day of November, 1998. ATTEST: M A Y 0 R City Clerk 7'/~' CORPORATION SIGN PROGRAM I II I ~ o o X 0 0 F'IO C) 0 0 ~' z 0 m 0 ~ o ~ o m~ o ~ ~ 0 0 z Z 0 Z I-I I-! -, > ~ z "o Z '0 0 <> r- JIJ m r'- 0 ! m ~ 0 m, r- -- 0 ITl Z CZ ITl I--ID o~ > ~ rn o 0 --I 0 ¢;:: o3 rn Z 0 Z C z ~- ~ 0 0 0 0 0 I-'ID ~ r13 ITl z rn 0 C~ m 0 Z 0 CI "~ ~ z m 0 z m 0 z C: IT! 0 Z 0 ~ ~: *-.' 0 " 0 > 'o Z Z ~ O ~: z ITl 3> Z r'- O z ITl z ~ ~ --I 0 '"0 0 Z o, 0 0 0 z 0 z r-' 0 © rn > < ITl < ~ o z 0 ~ X r- m -~ o z ~ -o ~l~ z X ~ m m 0 0 0 0 O ~ ITl Z ~ O = 33 0 C 05/11~3o ~o:i~ ~S92 ~3'~ t'NIVERSAL PI. AST ~.uu~ SUGGESTED CLEANING AGENTS' FOR CENTREX® Review of available chemical resistance data suggest that the following c_-,~ be used at room temperature for cle--i-g Centrex plastic surfaces. It is advised to test a non-critical area first to insure that the surface appearance is not affected by the cleaning agent. CLEANING AGENTS MILD SOAP SOLUTION - 5% IVORY FLAIrES IN WATER MILD DETERGENT SOLUTION - 3% TIDE IN WATER 25% OR LESS ISOPROPYL ALCOHOL (ISOPROPANOL) IN WATER · HOUSEHOLD AMMONIA · M/NERAL SPIRITS In addition to these, baking soda may be used as an effective, yet gentle, abrasive for removing surface mars. ®Regi~m_red Tradem_--1, o~Monsauto Company (SSM 3/94) DELRAY BEACH GOLF CLUB 2200 HIGHLAND AVENUE DELRAY BEACH, FL 33445 561 .243.7380 FAX: 561 .243.7386 DATE: November 13, 1998 TO: I~VE HARDEN, CITY MANAG~F.~_ . FROM: Sandra Eriksson, LPGA Director of Golf RE: AGENDA REQUEST- COMMISSIONER'S MONTHLY MEETING CC: B. DUBIN WE WOULD LIKE TO BE ADDED TO THE NEXT AGENDA MEETING TO AWARD THE ANNUAL LONG DRIVE CONTEST TROPHY TO KEVIN EGAN. SINCE THIS WAS HIS ROOKIE START AT THIS EVENT, IT SHOULD ONLY TAKE ABOUT TWO TO THREE MINUTES! ALTHOUGH IT MAY TAKE MORE TIME AS THE MAYOR AND OTHER COMMISSIONERS MAY WANT TO EXPRESS THEIR DEEP GRATITUDE THAT HE IS MOVING! PLEASE ADVISE. THANK YOU. CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - NOVEMBER 17, 1998 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM Item 7, Presentations, of the agenda is amended by adding the following: D. Presentation of 1998 Long Drive Contest Trophy to Commissioner Kevin Egan. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. ref:ADDENDUM TO: DAVID T. HARDEN, CITY MANAGER ~'~ < ~ SUBJECT: MEETING OF NOVEMBER 17, 1998 *CONSENT AGENDA* ABANDONMENT OF WATER EASEMENT WITHIN ATLANTIC PLAZA The action requested of the City Commission is that of approval of the abandonment of a 10' water easement within Atlantic Plaza. The subject site is located at the northeast corner of East Atlantic Avenue and NE 7th Avenue. The abandonment of this easement is being processed pursuant to LDRs Section 2.4.6(P), Abandonment of Public Easements. The subject easement was dedicated by an easement deed recorded on September 3, 1985. On October 21, 1998, a site plan modification was approved to allow a 1,200 sq. ft. addition to Gulfstream Cleaners located within Atlantic Plaza. The proposed addition is on the west side of the building. An existing 4 inch water line and 5 water meters are located within the expansion area for the building. The water line will be removed and the meters will be relocated to a landscape island within the parking lot. The abandonment has been reviewed by the appropriate City departments which have no objection. Prior to the granting of an abandonment the City Commission must make the following finding: That the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area: The abandonment will not hinder the provision of utility services as the existing water meters will be relocated. Planning and Zoning Board consideration is not required for the abandonment of public easements. By m~)tion: Approve the abandonment of the 10' water easement through the enactment of Resolution No. 71-98 Attachment: Resolution No. 71-98 Water Service Relocation Plan ,~./~ . RESOLUTION NO. 71-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT WITHIN ATLANTIC PLAZA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 50 AT PAGE 129 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a ten foot wide utility easement within Atlantic Plaza, according to the Plat thereof recorded in Plat Book 50 at Page 129 of the Public Records of Palm Beach County, Florida, and as more particularly described herein, said property being located at the northeast corner of East Atlantic Avenue and N.E. 7th Avenue; and WHEREAS, said application for abandonment of a ten foot wide utility easement within Atlantic Plaza was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(P) (3) (c), the City Engineer has forwarded the application to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(P) (5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said utility easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: Easement from Atlantic Plaza, Ltd. in favor of the City of Delray Beach, recorded September 3, 1985, in Official Records Book 4640 at Page 1168 of the Public Records of Palm Beach County, Florida, to-wit: A parcel of land 10.00 feet in width in ATLANTIC P~ZA, according to the Plat thereof, as recorded in Plat Book 50, Page 129 of the Public Records of Palm Beach County, Florida; and being more particularly described as follows: CO~ENCING at the Northwest corner of said Plat; thence South along the East Right-of-Way of N.E. 7th Avenue a distance of 201.00 feet; thence East a distance of 86.50 feet to the POINT OF BEGI~ING; thence South a distance of 56.00 feet; thence East a distance of 10.00 feet; thence North a distance of 56.00 feet; thence West a distance of 10.00 feet to the POINT OF BEGI~ING. Said lands situate, lying and being in the City of Delray Beach, Palm Beach County, Florida. PASSED AND ~OPTED in regular session on this the 17th day of Nove~er, 1998. ATTEST: Citf ~e~l -7 - 2 - Res. No. 71-98 DESCRIPTION' A parcel of land 10.00 feet in width in ATLANT1C PLAZA, according to the Plat thereof, os recorded in Plat Book 50, Page 129 of the Public Records of Palm Beach County, Florida; and being more particularly described os follows: COMMENCING at the Northwest corner of said Plot; thence South along the East Right-of-Way of N.E. 7th Avenue o distance of 201.00 feet; thence East a distance of 86.50 feet to the POINT OF BEGINNING; Thence, South o distance of 56.00 feet; thence East o distance of 10.00 feet, thence North o distance of 56.00 feet; thence West o distance of 10.00 feet to the POINT OF BEGINNING, Said lands situate, lying and being in the City of Delroy Beach, Palm Beach County, Florida. NE 1st STREET 306,08 N89'09'27'W POINT OF COMMENCEMENT~'~ '\ NE CORNER ATLANTIC PLAZA PB 50, PG 129 POINT OF BEGINNING ~ SDUTH ~ EAST ~ ATLANTIC PLAZA ~ PB 50, PG 129 z 306,09 S89'07'39'E ATLANTIC AVENUE ABANDON.DWG SHEET I OF I clo~e 7/17/g8 J ~ ~ CONSULTING ENGINEERS ATLANTIC PL~ZA ! [~ 77~AS'T ATLA~C AVE.. SUITE: SUBJECT: MEETING OF NOVEMBER 17, 1998 CONSENT AGENDA* ABANDONMENT OF INGRESS/EGRESS AND UTILITIES EASMENTS AND ACCEPTANCE OF REPLACEMENT EASEMENTS FOR ST GEORGES AT THE LANDINGS The action requested of the City Commission is that of approval of the abandonment of a 30' ingress/egress and utilities easement and a portion of a 12' utility easement within St Georges at the Landings (formerly the Landings at Delray). The subject site is located at the southwest corner of George Bush Boulevard and Andrews Avenue. The abandonment of this easement is being processed pursuant to LDRs Section 2.4.6(P), Abandonment of Public Easements. In June 1979, the City Commission approved requests for conditional use and site plan for The Landings, a proposed condominium which was to consist of eight 4-story multi-family buildings containing a total of 83 units. The subdivision plat was subsequently recorded in March 1981. Construction began in 1981 and three of the 4-story buildings were constructed. In 1985 approval was given to replace the 5 remaining 4-story buildings (56 units) with three 4-story buildings (54 units) which reduced the overall unit count to 81. With this proposal the City Commission approved the abandonment of various easements impacted by the proposed structures and accepted replacement easements. ^ portion of the subject 12' utility easement was abandoned, the remaining portion (i.e. the easement requested to be abandoned) was not vacated as it was not impacted by any structures. Additionally, the 30' ingress/egress and utilities easement was dedicated to provide access and utility services to one of the proposed 4-story buildings. In 1991, an 18-unit building was constructed at the southeast corner of the site. On July 22, 1998, the Site Plan Review and Appearance Board approved a site plan modification to eliminate the two remaining 18-unit buildings and reconfigure the site to accommodate 20 townhouse units. The development City Commission Documentation Abandonment of Ingress/Egress and Utilities Easements and Dedication of Replacement Easements within St Georges at the Landings Page 2 proposal included the abandonment of the 12' utility easement and the 30' ingress/egress and utilities easement which are now being impacted by the new building locations. Replacement easements are proposed to accommodate the provision of utility services. A 24 foot wide north/south access and utilities easement which connects to the main loop road and a 12' east/west utility easement running within the landscaped area between the proposed townhouse units and the existing 4-story building at the southeast corner of the site will be dedicated. The abandonment has been reviewed by the appropriate City departments and utility companies which have no objection. Prior to the granting of an abandonment the City Commission must make the following finding: That the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area: The changes to the development proposal necessitate the rerouting of utility services within the site. The abandonment will not hinder the provision of utility services as the dedication of new easements will be provided to cover existing and proposed services. Planning and Zoning Board consideration is not required for the abandonment of public easements. By motion: Approve the abandonment of the 30' ingress/egress and utility easement and a portion of a 12' utility easement and accept replacement easements to cover proposed utilities based upon positive findings with respect to LDR Section 2.4.6(P)(5). Attachment: Resolution No. 72-98 Reduced copy of the approved site plan Reduced copy of the overall survey showing existing easements am ~N FOR CONSTRUCTION 790 Andrews A've. S-lO0 RESOLUTION NO. 72-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PART OF AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS RECORDED IN OFFICIAL RECORD BOOK 4866, PAGE 598 AND LYING IN THE LANDINGS, TOGETHER WITH A PORTION OF A 12 FOOT WIDE UTILITY EASEMENT SHOWN ON THE PLAT OF THE LANDINGS AS RECORDED IN PLAT BOOK 42, PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOTH AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF REPLACEMENT EASEMENTS. W~EREAS, the City of Delray Beach, Florida, received an application for abandonment of a 30 foot wide ingress/egress and utility easement and a portion of a 12 foot wide utility easement within St. George's at The Landings, as more particularly described herein, said property being located at the southwest corner of George Bush Boulevard and Andrews Avenue; and WHEREAS, said application for abandonment of easements was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(P) (3) (c), the City Engineer has forwarded the application to the City Commission with the recommendation that the abandonment be approved, based upon positive findings and subject to conditions; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(P) (5), finds that the abandonment will not result in detriment for the provision of utility Services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easements, subject to acceptance of replacement easements for proposed utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, subject to receipt and acceptance of replacement easements, more particularly described as follows: See Exhibits "A" and "B" attached hereto and made a part hereof. Section 2. That the abandonments hereinabove described shall not become effective and this Resolution No. 72-98 shall not be recorded in the Public Records of Palm Beach County, Florida, until such time as replacement easements have been accepted and recorded by the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 17th day of November, 1998. ATTEST: / JCity Cl~rk - 2 - Res. No. 72-98 CONSULTING ENGI*NEERS, LAND PLANNERS, SURVEY'ORS 4.20 COLLIUB~ DRIVE, WEST PALM BEACH, FLORIDA (561) 664-6686 L86674 EASEMENT TO BE ABANDONED Exhibit 'A' to Resolution No. 72-98 T, GAL DESCRIPTION: BEING A PART Of AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS RECORDED IN OFFICIAL RECORDS BOOK 4866, PAGE 598 AND LYING IN THE LANDINGS ACCORDING TO TFt[ PLAT THEREOF AS RECORDED IN PLAT BOOK 42, PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID PLAT OF THE LANDINGS; THENCE SOUTH 89'33'50" WEST, ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 396.56 FEET; THENCE NORTH 00°26'10" WEST, A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'33'50" WEST, A DISTANCE OF 31.54 FEET; THENCE NORTH 17'33'50" EAST, A DISTANCE OF 149.23 FEET; THENCE SOUTH 72'26'10' EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 17'33'50" WEST, A DISTANCE OF 139.49 FEET TO THE POINT OF BEGINNING. CONTAINING 4,331 SQUARE FEET, MORE OR LESS. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE NITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEI.IEF. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION WILBUR F. DIVINE SH0~gN HEREON. THERE HAS BEEN NO FIELD WORK, PROFESSIONAL SURVEYOR AND UAPPER VIEWING OF THE SUBJECT PROPERTY, OR M0~NTS NO. 4190 , STATE OF FLORIDA SET IN CONNECTION ~ITH THE PREPARA130N OF DATE: ~/~ /~ THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOFN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. Exhibit "A" tO Res. No. 72-98 Page 1 of 2 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA (561.) 6B4-6686 LB6674 Exhibit "A" to Resolution No. 72-98 n- ~ 1"=40' cn 0 Z 30' EASEMENT FOR INGRESS, EGRESS AND UTILITIES Lf~ ORB. 4866, PG. 598 I .., >_ NT OF BEGINNING z 31.54' · c~ S89' POINT OF COMMENCENT Q.. o S.E. CORNER OF THE LANDINGS o :~ s89'3~'5o"w 0 SOUTH LINE OF THE LANDINGS ~ 396.56' LEGEND: ~-- O.E.B. - OFROAL RrcoRo BOOK W F~. - PAGE ~ F.P.I- - FLORIDA POWER & LIGHT (/) R - R,mlUS INSTANCE a - CENTRAL ANGLE ARC - LENGTH OF CURVE P.B,C.R. - PALM BE. ACH COUNTY PUBUC RECORDS R/W - F~GHT-OF-WAY Exhibit "A" to Res. No. 72-98 Page 2 of 2 Ln.wson, Nobl, & Webb, Inc. L N CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA ('561) 684-6686 /_96674 EASEMENT TO BE ABANDONED Rxhibit 'B' to Resolution No. ?2-98 T, GAL DESCR 0N: BEING A PORTION OF A 12 FOOT WIDE UTILITY EASEMENT SHOWN ON THE PLAT OF TIE TFE LANDINGS, AS RECORDED IN PLAT BOOK 42, PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF SAtD PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID PLAT OF THE LANDINGS; THENCE SOUTH 89'33'50" WEST, ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 34320 FEET; THENCE NORTH 00'26'10' WEST, A DISTANCE OF 177.24 FEET TO THE POINT ON THE CENTERLINE OF SAID 12 FOOT WIDE UTILi-rY EASEMENT AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STRIP; THENCE NORTH 71'03~6' WEST, A DISTANCE OF 70.25 FEET TO THE END OF THIS STRIP. CERTIFICATION: I ~EREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATUFE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & ~APPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND T0 THE BEST OF ~Y KNOWLEDGE AND BET.TEF. _ NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION WILBUR F. D~NE SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, PROFESSIONAL SURVEYOR AND MAPPER VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS NO. 4190 , STATE OF FLORIDA SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. DATE: ~0-1 - 1 5 NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. Exhibit "B" to Res. Nv. 72-98 Page 1 of 2 Lawson, Noble & Webb, Inc. LNW CONSULTING ENGINEERS, LAND PLANNERS, SURV~FORS H20 COLUMBIA DRIVE, WEST PALM BEACH, FLORID~ {561) 684-6686 LB6674 Exhibit "B" to Resolution No. 72-98 I,I 1'= 50' 0 ~ A PORTION OF Z i/~-. / 12' ~ITTy EA~NT -- ~NTE~I~ OF 12' UT~LZTY EASEMENT -- F~~ ....... I N7V03 26"W~ ~ ~ 343.20' I SBgO33'50"W 944A0' / ~ PO~ ~ COUNT ~ ~ ~G~: s.~ c~ oF T~ ~Z~S ~ - ~~0 ~ ~T BOOK 4~ PAGE 21 Exbibi~ 'B' ~o ~es. ~o. 72-98 2 o~ 2 DA~: BY: SV CKD: ~O 0~.: A269L~5.0~ JOB NO.: A26~ ~EET 2 OF 2 Prepared by: RETURN: Susan A. Ruby, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDEX, made this ~.~ day of~_~,_~ , 1998, by and between ~ '~-t4~.'~'-~~-'~. '-' t , with a mailing address of ~'?0 ~ ~.~-'~, 5-]eO,'~..~ ~,~ ,~L~ .~3"t/~ , party of the first part, and the CITY OF DELRAY BEACH', with a ~ailin~ address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the fir~ part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the part3' of the second part, its successors and assigns, a fight of way and perpetual easement for the purpose of: installation and maintenance of public utilities with full and free fight, liberty, and authority to enter upon and to install, operate, and maintain such utilities wel] under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: See Exhibit "A" and Concomitant and coextensive with this right is the further right in the party of the second part3', its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The part)' of the first part also agrees to erect no building or eft~ct any other 'kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, ail lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good fight and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF. the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE.,,~T.~T <name printed or typed) Printyame: Z~t', ,~ k'( WITNESS #2: (name printed or typed) STATE OF .'"L"' COUNTY OF eh,c-~lktx, ~ The foregoing instrument was acknowledged before me this ~'I day of ~.~:,..~I~.~, 1998 by F~..--,.~,.~ ~ ~\~,,.\~.~ ~ (name of officer or agent, title of officer or agent) of~'~-~IJ~ll IIJ~--n~LIT_5: LC. (name of corporation acknowledging), a ._~m~_~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is p~rsonally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notau Public - State of F.i~4da EASMENT.DED LESLIE R WARNER Nota)y rt'~, g/'26~9~ My Commission Ex,)Itel May 10, 200:2 'L&ws°n' N°ble & Webb' Inc' LNW CONSULTING ENGINEERS, LAHD PLANNERS, SURVEYORS 420 COLUMBIA DRIVE, WEST PALM BEACH, FLORIDA (561) 684-6666 LB6674 EXHIBIT "A" LEGAL DESCRIPTION: EASEMENT FOR INGRESS, EGRESS AND UTILITIES A ~R~ON OF ~ L~D~ ACCO~ING TO ~E PLAT T~REOF ~ ~C~D IN ~T BOOK 42, PA~ 21 ~ ~ P~LIC RECO~S ~ P~ BEACH C~Y, ~O~D~ ~ ~R~ON B~NG ~ PAR~C~Y DESCRIED AS F~OWS: C~E~E AT ~E ~EAST C~R OF S~D P~T OF ~ ~~; T~ ~TH 89~3'~' WEST, ~ ~E ~ ~NE OF S~D P~T, A D~TA~E ~ ~1.97 ~T; ~CE NORTH 00~6'10' ~ST, A DIST~ ~ 3ZOO ~ET TO ~ PO~ ~ ~G~N~G ~ ~ ~N DESC~BED P~L; ~CE ~ 8~'50' ~ST, A DIST~ ~ 78.49 F~T; T~ N~TH ~'26'10' ~ST, A DISTA~E ~ 8.03 ~T TO A POZ~ OF INTERSECTION W~ A NO~TA~T CUR~, C~CAVE NORTHWES~Y, ~VING A RAD[~ OF 10.~ FEET, A CE~ A~ OF 106~9'13' AND WHO~ ~S POINT BE~S NORTH ~6'10" ~ST; ~NCE NOR~EAS~LY, ~ONG ~ ~C ~ SA~ CUR~, A D[ST~CE ~ 19.51 ~ET TO A PO~T ~ ~VE~ C~VA~E W[~ A CURVE, C~CAVE EASTE~Y, HAVING A ~IUS OF 88.80 FEET AND A CE~ A~ OF 16'29'13'; THENCE NORTHERLY, ALONG T~ ~C ~ SAID ~VE, A DISTA~E OF 25.55 FEET TO A POINT OF TANGENCY; T~NCE NOR~ 00'26'10' WEST, A DZST~ ~ ~.~ FEET TO THE POINT OF C~VATURE ~ A C~VE, C~CAVE ~ST~LY, HAVI~ A RADI~ OF 295.00 FEET AND A CENTRAL ANGLE OF 08'34'18'; ~NCE ~R~E~Y, AL~G T~ ARC ~ SA~ C~VE, A DZSTA~E OF 44.13 FEET TO A PO~T ~ C~PO~D CURVAT~ W~H A CUR~, CONCAVE WESTERLY, HAV[~ A RADIUS ~ 21.~ F~T A~ A ~TRAL ~ ~ 14'~'01'; T~NCE ~RTHE~Y, AL~ THE ARC OF SAID CUR~, A DISTAN~ ~ 5.19 FEET TO A PO~T ~ TANGENCY; T~NCE NORTH 2~'09'29' WEST, A DIST~ ~ 24.98 FEET; THENCE NORTH 66'50'31' ~ST, A DISTANCE ~ 4.00 FEET; ~ENCE NORTH 23'09'29' WEST, A DIST~CE ~ 8.69 F~T TO THE POI~ OF CURVAT~E OF A CUR~, C~AVE EASTE~Y, HAVING A ~[US OF 59.00 ~ET ~D A CEN~AL ANGLE OF 09'09'29"; THE~E NORTHERLY, ~ONG T~ ~C ~ SAID ~VE, A DISTA~E OF 9.45 FEET TO A PO~T ~ TANGENCY; ~NCE ~RTH 14'~'~" WEST, A DIST~ ~ ~.31 FEET TO THE POINT OF C~VATURE ~ A C~V~ C~CAVE EASTERLY, ~NG A RAD~ OF 54.~ F~T AND A C~TRAL ~GLE ~ 13'53'42"; THENCE N~TH~LY, ~ONG ~ ~C ~ SA~ C~VE, A DISTA~E OF 13.10 FEET TO A POI~ OF T~NCY; TH~ ~ 00'06'1B' ~ST, A DISTANCE OF ~.08 FET TO A POINT OF ~TERSECTION WI~ A ~N-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A ~IUS OF 1,E~.75 FEET, A C~T~D ~ET 2 OF 3 C T ICATIO : D SCAm O DESCmPTION ~RE PREPPED ~ ACCORD~CE ~TH THE SUR~G ST~D~DS, C~TER 61G17-6, FLORIDA ~MINIST~ CODE, AS SET FOR~ BY ~E FLORIDA BO~D 0F PROFESSION~ SUR~YORS & ~PERS, PURSU~ TO SECTION 472.027, FLORIDA STA~S, ~D IS ~ ~D CORRECT T0 THE BEST 0F ~ ~0~DGE ~D BEEF. ~~. NOTE: THIS IS NOT A S~TCH 0F S~, BUT _ ,, ONLY A G~C DEPIC~ON OF ~ DESCR~ON ~LR~ F. D~E SHO~ HEREON. ~ERE ~ BEEN N0 ~ W0~, PROFESStON~ SUR~OR ~D ~PER ~NG 0F ~ S~CT PROPERS, 0R NO. 4190 , STATE OF FLORIDA SET m CONNEC~ON ~ T~ P~P~0N OF ,~/q.~ ~ INFOR~TION SHO~ HEREON. DATE: N0~: ~S SH0~ HE~0N ~ NOT ~ST~CTED FOR .,RIGHT-0F-~AY ~/OR ~E~S 0F ~C0~. DA~: 8/4/98 ~ BY: ~D, , ~ CKD: DW~: A269LGL2.D~ ~JO8 NO.: A269, , ~ SHEET 1 0F 3 Lawson, Noble & Webb, Inc. LNW CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 4.20 COLUMBIA DR/VE, WEST PALU BEACH, FLOR/DA C56~) 684-66B6 LB6674 EXHIBIT "A" LEGAL DESCRIPTION: CONTINUED CENTRAL ANGLE OF 01'43'51' AND WHOSE RADIUS POINT BEARS NORTH 08'30'22" WEST; THENCE EASTERLY, ALONG TI4[ ARC OF SAID CARVE, A DISTANCE OF 38.09 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE; THENCE SOUTH 10'16'07' EAST, A DISTANCE OF 3.00 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 79'50'11' AND WHOSE RADIUS POINT BEARS SOUTH 10'16'07' EAST; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 6.97 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00'06'18' EAST, A DISTANCE OF 62.34 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 13'53'42"; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 4.85 FEET TO A POINT OF TANGENCY; THENCE SOUTH 14'00'00' EAST, A DISTANCE OF 73.31 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 25.00 FEET AhD A CENTRAL ANGLE OF 09'09'29'; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 4.00 FEET TO A POINT OF TANGENCY; THENCE SOUTH 23'09"~9' EAST, A DISTANCE OF 33.66 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 59.00 FEET AND A CENTRAL ANGLE OF 14'09'01'; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 14.57 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 333.00 FEET AND A CENTRAL ANGLE OF 08'34'18'; THENCE SOUTHERLY. ALONG THE ARC OF SAID CURVE, A DISTANCE OF 49.82 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00'26'10" EAST, A DISTANCE OF 34.48 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 50.80 FEET AND A CENTRAL ANGLE OF 43'52'48'; THENCE SOUTt~_RLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 38.91 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 27.60 FEET AND A CENTRAL ANGLE OF 46'07'12"; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 2222 FEET TO A POINT OF INTERSECTION WITH A L/NE RADIAL TO SAID CURVE; THENCE SOUTH 00'26'10' EAST, A DISTANCE OF 3.03 FEET TO THE POINT OF BEGINNING. CONTAINING 12~22 SQUARE FEET, MORE OR LESS. DATE: 8/4/98 BY: WFD CKD: DWG.: A269LGL2.DWG JOB NO.: A269 SHEET 2 OF 3 Lawson, Noble & Webb, Inc. LNW CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 4.20 COLUUB/A DRIVE, WEST PALM BEACH, FLORIDA ('561) 664-6686 /.B6674 0 0 0 0 0 0 0 0 0 0 0 0 000~ R-1260.75' 50' NOS~W //J~ 3.00' S10'16'07'E T.~G~j): L-~97' a - cmm~ ~ R-54.00' ~- 13'53'42' L-4.85' L-13.10' Z~39'0~ L-4.00' N23'O9'29'W S23'og~9"E N66°50'3~ E ~ R-59.00' R=21.O0 ._ J t .~ L-49.82 ~=14°09'01" A &03' ~ s89~33,50.w POINT OF BEGINNING ~ 441.97'~ ~TH L~ OF T~ ~[NGS ~ Lawson, Nobl = & Webb, Inc. LNW CONSULTING ENGINEERS, LAND PLANNERS. SURVEYORS · 20 COLUMBIA DRIVE, WEST PALU BEACH, FLORIDA (,561) 684-6686 LB6674 EXHIBIT "B" T, GA.L DESCRIPTION: BEING A 12 FOOT WIDE STRIP OF LAND LYING IN TI4[ LANDINGS ACCORDING TO THE PLAT 'R-EREOF AS RECORDED IN PLAT BOOK 42. PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TIE CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID PLAT OF THE LANDINGS; THENCE SOUTH 89°33'50" WEST, ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 104.25 FEET; THENCE NORTH 00'26'10' WEST, A DISTANCE OF 314.16 FEET; T~ENCE SOUTH 48'2D'04' WEST, A DISTANCE OF 51.16 FEET; TFENCE SOUTH 52°01'05' WEST, A DISTANCE OF 28.64 FEET TO THE POINT ON THE CENTERLINE OF A 12 FOOT WIDE UTILITY EASEMENT AS SHOWN ON SAID PLAT OF THE LANDINGS AND THE POINT OF BEGINNING; THENCE SOUTH 75-25'52" WEST, A DISTANCE OF 253.38' TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID 12 FOOT UTILITY EASEMENT AS SHOWN ON SAID PLAT OF THE LANDINGS AND THE END OF SAID STRIP. THE SIDELINES OF SAID STRIP SHALL BE SHORTENED OR LENGTHENED TO TERMINATE AT THE INTERSECTING LINES OF SAID 12 FOOT UT]LITY EASEMENT. CERTIFICATION: I HEREBy CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE ~ITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT ~I'0 SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND THE BEST OF MY KN0~F~EDGE AND BELIEF. ~ ~ NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION ~ILBUR F. DMNE SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, PROFESSIONAL SURVEYOR AND YAPPER ~G OF THE SUBJECT PROPERTY, OR MONUMENTS NO. 4190 , STATE OF FLORIDA SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. DATE: I0-']o~$ NOTE: lANDS SH0~N HEREON ~ERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. Laws°n' N°ble & Webb' Inc' LNW CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 420 COLU/dBIA DR/VE, WEST PALM BEACH, FLORIDA (,561) 664-6686 I_66674 [dO EXHIBIT "B" 12' UTILITY EASEIV~NT ~ (P.B. 42, PAGE 21) 1'= 50' ['/') S48'23 <~ 51.16' 0 28.64' Z / / ~ / / ~ / / 0 POINT OF BEGINNING / / __ ~ ~ ~ 12' UT~ITY EA~NT~ / / x ~ ~ / / Z (P~. 42, PA~ 21) -- ~ / o O ~G~: r~ - ~ ~ & ~ 104.25' 6 ~ ~ ~ S89'33'50"W 944.10' P~ - ~T ~ PO~ OF C~ENq S,E, C~R OF T~ L~[N~ ~AT BO~ 42, PA~ DATE: BY: SV CKD: WFD DWG,: A269LGL6.DWG JOB NO.: A269 SHEET 2 OF 2 Date: November 3, 1998 Agenda ItemNo. f~ AGENDA REQUEST Agenda request to be placed on: ~ Regular ~ Special ~ Workshop xxx Consent When: November 17, 1998 Description of Agenda Item: Modification of standard for approval to build a boat house for two boats in accordance to Section 7.9.4.(A) of Land Development Regulations. Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval. Department Head Signature: .... ~/.~z~57~-~ ~ Ci.ty Attorney Review/Recommendation (if applicable) i ,.. Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes /No Funding Altematives: (if applicable) Account # & Description: Account Balance: City. Manager Review: Approved for agenda://~?'~/'-' No ~./~ Hold Until: ~ ~'v /, Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: David L. Harden, City Manager THRU: Lula Butler, Community Improvement Director FROM: Jerome Sanzone, Chief Building Official DATE: November 12, 1998 SUBJECT: City Commission Approval of a Modification to Section 7.9.4(A), LDR, Governin.q Fin.qer Piers ITEM BEFORE THE COMMISSION City Commission approval of a modification to the standards under Section 7.9.8. governing finger piers pursuant to Section 7.9.4.(A) Land Development Regulations. BACKGROUND Mr. David Samer of 1516 Lake Drive has submitted an application for a permit to construct a 2 slip boat house that is 30 feet wide and 30 feet long. Section 7.9.7.(C) states that in waterways greater than 100 feet in width, the maximum distance a finger pier may be installed shall be 25 feet from the extended property line or seawall; the proposed finger piers will be 30 feet from the existing property line. The agent for the owner has provided a letter putting forth their hardship and the applicant has received approval from the Department of Environmental Protection and Corp of Engineers. The proposed boat house is on Lake Ida and the waterway is at least 1000 feet. Staff is in agreement with the hardship as stated. RECOMMENDATIONS Staff recommends City Commission approval of this appeal pursuant to Section 7.9.4.(A) of the LDR's standards based on the fact that this modification will not endanger public safety or welfare and the owners hardship as presented. CAPTAIN DAVID SAMER, CHAIRMAN, CARNIVAL MEC AIR LINE PILOTS ASSOCIATION, INTERNATIONAL 616 SW34TH STREET [] FT. L_~UDERDALE, FLORIDA [] 954-359-8831 Jerome Sanzone Chief Building Official City Of Delray Beach September 28,1998 Dear Sir, I am requesting that I may be able to build my boat dock to 30 feet. I understand that the code only allows me to build to 25 feet. Unfortunately 25 feet out is very shallow water and I cannot dredge as that will cause an environmental impact. I also will not be able to dock my boat. I would appreciate your assistance and that of the city commissioners. Sincerly' David Samer 1516 lake dr. Delray bch, F1 33444 SCHEDULE WITH SAFETY · ,.-~,..~ .... AFFILIATED WITH AFL-CIO Environmental Protection Southeast District Lawton Chiles P.O. Box 15425 Virginia B. Wetherell Go~ETrl L 1§§8 West Palm Beach, Florida 33416 (~~~ _~--~-~~~'~. David Samcr ! 5 ] 6 Lake Drive Delray Beach, FL 33444 Re: File No.: 50-0144589-001 File Name: David Samcr Dear Mr. Samer: On August 14, 1998 we received your application £or an exemption to construct a 6.8-£oot by 30-£oot marginal dock, two 3.6-£oot by 23.2-£oot access piers and a 5-£oot by 23.2-£oot access pier. The total area o£the new dock will be 487 square £eet. The project is located in Lake Ida (Class III Waters), adjacent to 1516 Lake Drive~ D¢Iray Beach (Section 8, Township 46 South, Range 43 East). Your application has been reviewed to determine whether it qualifies for any of thre~ kinds o£ authorization that may be necessary for works in wetlands or waters of the United States. The kinds of authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) £ederal authorization. The authority for review and the outcomes of thc reviews are listed below. Please read each section carefully. Your project m~y not have qualified for all three forms of'authorization. If your project did not quali~ for one or more o£the authorizations, r¢£¢r to the specific section dealing with that authorization £or advice on how to obtain it. 1. Regulatory Review. The Department has the authority to review your project under Part IV o£Chapt~r 373, Florida Statutes (F.S.), Title 62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the Department and the water management districts, as re£¢renccd in Chapter 62-113, F.A.C. Based on the in£ormation you submirted, we have determined that your project is exempt £rom the need to obtain a DEP Environmental Resource Permit under Rule 40E-4.051 (3)(b), F.A.C. 2. Proprietary Review (related to state-owned l~nds). The Department acts as staff to the Board o£ Trustees o£ the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review your project under Chapters 253 and 258, F.S., Chapters 18-20 and 18-21, F.A.C., and Section 62-343.075, F.A.C. Your project will occur on sovereign submerged land and will require authorization from the Board o£ Trustees to use public property. As staff to the Board o£ Trustees, we have reviewed the proposed project and have determined that, as long as it is located within the described boundaries and is consistent with the attached general consent conditions, the project qualifies for consent to use sovereign submerged lands. Therefore, pursuam ro Chapter 253.77, Florida Statutes, you may consider this letter as authorizmion from the Board of Trustees to perform the project. 3. Federal Review (State Programmatic General Permit). Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the Department and the U.S. Army Corps o£ Engineers (Corps). The agreement is outlined in a document titled Coordination ggreemen! Between the U.S. Army Corps of Engineers and the Florida Department of Environmenta! Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor .~ct of 1899 and Section 404 of the Clean Water Act. Conserve ~nd Printed on recycled paper. File Name: David Samer FDEP File No. 50-0144589-001 Page 2 Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawings, the proposed project is consistent with the SPGP program. The attached Corps general conditions apply to your project. No further permitting for this activity is required by the Corps. The determinations in this letter are based solely on the information provided to the Department and on the statutes and rules in effect when the application was submitted. The determinations are effective only for the specific activity proposed. These determinations shall automatically expire if site conditions materially change or if the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. Notice of Rights of Substantially Affected Persons Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a right to request an administrative hearing (or mediation, if available) on the Department's decision that the proposed activity qualifies for this exemption. If an administrative hearing (or mediation, if available) is timely requested by a substantially affected person, the finding that the proposed activity qualifies for this exemption must be reconsidered, and it is possible that the hearing or mediation could result in a determination that the proposed activity does not qualify for the exemption. Under rule 28-106.111 of the Florida Administrative Code, a request for such an administrative hearing (or mediation, if available) must be filed with the Department's Clerk in the Office of General Counsel within 21 days of either: (a) publication of notice in a newspaper of general circulation in the county where the activity is to take place; or (b) the substantially affected person's receipt of written notice which includes the information contained in Attachment A. The Department will not publish notice of this determination. Publication of this notice by you is optional and not required for you to proceed. However, in the event that an administrative hearing is held and the Department's determination is reversed, proceeding with the proposed activity before the time period for requesting an administrative hearing has expired would mean that the activity was conducted without the required permits. If you wish to limit the time within which all substantially affected persons may request an administrative hearing (or mediation, if available), you may elect to publish, at your own expense, the enclosed notice (Attachment A) one time only in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. If you wish to limit the time within which any person may request an administrative hearing (or mediation, if available), you may provide such person, by certified mail, a copy of this determination, including Attachment A. For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of publication, you must provide to the following address a certification or affidavit of publication issued by the newspaper. If you provide direct written notice to any person as noted above, you must provide to the following address a copy of the direct written notice. Florida Department of Environmental Protection Southeast District Submerged Lands & Environmental Resources Program P.O. Box 15425 West Palm Beach, FL 33416 File Name: David Samer FDEP File No. 50-0144589-001 Page 3 If you have any questions, please contact Denise Janson at 561/681-6761. When referring to your project, please use the FDEP file name and number listed above. Sincerely, Timothy Rach Environmental Supervisor II Submerged Lands & Environmental Resources Program Enclosures: General Consent Conditions Attachment A (Newspaper Publication Notice) Corps SPGP General Conditions Corps Permit Transfer Project Drawings cc: U.S. Army Corps of Engineers General Consent Conditions 1. No activities other than those set forth in the referenced letter are authorized. Any additional activities on state- owned sovereign submerged lands must receive further consent from the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund (hereinafter the "Board") or their properly designated agent. 2. Grantee agrees that all title and interest to all lands lying below the historical mean high water line or ordinary high water line are vested in the Board, and shall make no claim of title or interest in said lands by reason of the occupancy or use thereof. 3. Grantee agrees to use or occupy the subject premises for those purposes specified herein, and Grantee shall not permit the premises or any part thereof to be used or occupied for any other purpose or knowingly permit or suffer any nuisances or illegal operations of any kind on the premises. 4. Grantee agrees to maintain the premises in good condition in the interest of the public health, safety and welfare. The premises are subject to inspection by the Board or its designated agent at any reasonable time. 5. Grantee agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, lawsuits and demands arising out of this consent. 6. No failure, or successive failures, on the pan of the Board to enforce any provision, waiver or successive waivers on the part of the Board of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Board to enforce the same in the event of subsequent breach. 7. Grantee binds itself and its successors and assigns to abide by the provisions and conditions set forth herein. In the event Grantee fails or refuses to comply with the provisions and conditions of this consent, the consent of use may be terminated by the Board after written notice to the Grantee. Upon receipt of such notice, the Grantee shall have thirty (30) days in which to correct the violation. Failure to correct the violations within this period shall result in the automatic revocation of this Letter of Consent. 8. All costs, includingattorneys' fees, incurredby the Board in enforcingthe terms and conditions of this consent shall be paid by the Grantee. Grantee agrees to accept service by certified mail of any notice required by Chapter 18-14, Florida Administrative Code, at the address shown on page one of this Agreement and further agrees to notify the Board in writing of any change of address at least ten days before the change becomes effective. 9. Grantee agrees to assume responsibility for all liabilities that accrue to the sovereign submerged land or to the improvementsthereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the property during the effective period of this consent. I 0. Grantee agrees that any dispute arising from matters relating to this consent shall be govemed by the laws of Florida and initiated only in Leon County, Florida. 11. The Letter of Consent associated with these General Consent Conditions as well as these conditions themselves are subject to modification after 5 years in order to reflect any applicable changes in statutes, rule or policies of the Board or its designated agent. 12. In the event that any pan of the structure(s) consented to herein is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Grantee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the intefferenceor encroachmentwithin 60 days from the date of the adjudication. Failure to comply shall constitute a material breach of this consent and shall be grounds for its immediate termination. Attachment A Notice of Determination of Qualification for Exemption In the Matter of an Application for a Determination of Qualification and Exemption by: FDEP File No. 50-0144589-001 David Samer, 1516 Lake Drive, Delray Beach, FL 33444 County: Palm Beach The Department of Environmental Protection gives notice that it has determined that the above project qualifies for the exemption established under Rule 40E-4.051(3)(b), F.A.C. to construct a 6.8-foot by 30-foot marginal dock, two 3.6-foot by 23.2-foot access piers and a 5-foot by 23.2-foot access pier. The total area of the new dock will be 487 square feet. The Department's determination shall become final unless a timely petition for an administrative hearing is filed under sections 120.569 and t20.57 of the Florida Statutes. The time and procedure for petitioning for a hearing are set forth below. Upon the timely filing of a petition, this determination will not be effective until further order of the Department. A person whose substantial interests are affected by the Department's decision may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. The petitioner shall also mail a copy of the petition to the applicant at the address indicated above at the time of filing. Petitions must be filed within 21 days of publication or receipt of this written notice, except that a petition by any person entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 21 days of receipt of the written notice. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28- 106.205 of the Florida Administrative Code. A petition must contain the following information: (a) The name, address, and telephone number of each petitioner; the Department file identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Department action; (c) A statement of how each petitioner's substantial interests are affected by the Department action; (d) A statement of the material facts disputed by the petitioner, if any; (e) A statement of facts that the petitioner contends warrant reversal or modification of the Department action; (f) A statement of which rules or statutes the petitioner contends require reversal or modification of the Department action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wants the Department to take. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28- 106.301. Because the administrative hearing process is designed to re-determine the Department's determination, the filing of a petition means that the Department's final determination may be different from the determination stated in this notice. Persons whose substantial interests may be affected by any change in the Department's determination have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation under section 120.573 of the Florida Statutes is not available for this proceeding. The application is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Southeast District office, 400 North Congress Avenue, West Palm Beach, Florida. General Conditions for Federal Authorization 1. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Condition j hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended, or revoked in whole or in part. 2. That all activities authorized herein shall, if they involve a discharge or deposit into navigable waters or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, and pretreatment standards established pursuant to Sections 301,302, 306, and 307 of the Federal Water Pollution Control Act of 1972 (P.L. 92-500; 86 Stat. 816), or pursuant to applicable State and local law. 3. That when the activity authorized herein involves a discharge or deposit of dredged or fill material into navigable waters, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. 4. That the permit-tee agrees to make every reasonable effort to prosecute the construction or work authorized herein in a manner so as to minimize any adverse impact of the construction or work on fish, wildlife, and natural environmental values. 5. That the permittee(s) agree to prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality, and comply with the Florida Department of Environmental Protection or any State Water Management District requirements and criteria. 6. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. 7. That the permit-tee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings that are approved. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. 9. That this permit does not authorize the interference with any existing or proposed Federal project and that the permit-tee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. 10. That this permit may be either modified, suspended, or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. 11. That in issuing approval to perform work under this permit th'e Government has relied on the information and data which the permittee has provided in connection with his application. If, subsequent to the issuance of approval, such information and data prove to be false, incomplete, or inaccurate, this permit may be modified, suspended, or revoked, in whole or in part and/or the Government may, in addition, institute appropriate legal proceedings. 12. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. 13. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. 14. That if the display of lights and signals on any structure or work authorized herein is not other~'ise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. 15, That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. 16. That if and when the permit-tee desires to abandon the activity authorized herein, unless such abandonment is part ora transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General conditions hereof, he must restore the area to a condition satisfactory to the District Engineer. 17. That if the recording of this permit is possible under applicable State or local law, the permittee shall take such action as may be necessary to record this permit with the Registrar of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. 18. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. 19. That authorization under this permit may not be transferred to a third party without prior written notice to the District Engineer by the transferee's writ-ten agreement to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Registrar of Deeds or other appropriate official if law permits. 20. The term "permittee" means the party or parties authorized by the District Engineer to accomplish work under this general permit. Department of the Army Permit Transfer Request State Programmatic General Permit FDEP Permit Number: 50-0144589-001 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Althoueh the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to: Florida Department of Environmental Protection Southeast District Submerged Lands & Environmental Resources Program P.O. Box 15425 West Palm Beach, FL 33416 (Transferee---Signature) (Date) (Transferee Name---Printed) (Mailing Address) (City, State, Zip Code) 't, - Cer~'"~i~i~ 'fo-'-:~David-.~-~e-~h'e-gi~-Mortgage, Inc., ts successors ,,' and/or ass,gns; First Amerman T,tle Insurance Company.. I~-- FloodZone: "AE" ( FIRM 1251020002D, 1-5-89) >i': ~ ~ //////~/ ~,~ Lot13 Bock4 of TOTTERDALE according tothe Patthereof as ~ record;d in the 'Office of the Cler~ of the C,rcu,t Court in and for Palm ~,, .'~ ~ ...... k /6~: ~ ...,~ / I ~.. ' ' ~ , ,~,:-' : ~ ~ -' . ,l.~ :-. ~ ~ '~'i " ~'x ~ ~ .'-' ,. '~-' . ,, BOUNDARY SURVEY "'" ~D, ~b 511y.7 - . [ ~FERENCES / . . · /,~z i ~/~ · ~*'~ MILLER LAND SURVEYING- "" o.~~-~- ~o~.o. ....~ 1121 LAKE AVE. ~ ~--~- ~ ' ~.~. P.O. BOX 3646 561-586-2669 FIELD LAKE WORTH, FLORIDA 33460 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~I SUBJECT: AGENDA ITEM ~ ~-D- REGULAR MEETING OF NOVEMBER 17, 1998 FINAL PAYMENT TO PALM BEACH COUNTY AND LIOUIDATION OF RESIDUAL FUNDS (MILITARY TRAIL UTILITY RELOCATION) DATE: NOVEMBER 12, 1998 On May 20, 1997, the City Commission approved an interlocal agreement between the City and Palm Beach County for joint participation and funding of the utility relocation project on Military Trail between Clint Moore Road and West Atlantic Avenue. The City's portion of the contract was $128,110.00 to be funded from the 1993 water and Sewer Bond (440-5179-536-69.20). The project is complete and final quantities have been reviewed. The City's final cost share of the project is $85,990.00, of which $84,580.00 has been paid to the County. Hence, a final reimbursement payment to Palm Beach County in the amount of $1,410.00 is requested. Approval is also requested to liquidate the residual funds in the amount of $42,120.00 from the project account. Recommend approval of final payment in the amount of $1,410.00 to Palm Beach County and liquidation of the residual funds for the Military Trail Utility Relocation project. ref:agmemol4 Agenda Item No. AGENDA REQUEST Date: November 10, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 17, 1998 Description of item (who, what, where, how much): This is a request for the City Commission to approve the final reimbursement payment of $1,410.00 to Palm Beach County for the Utility Relocation (PN 97-02) in conjunction with the with the Paving and Drainage construction on Military Trail by the County. Additionally, a request is made to liquidate the residual amount of $42,120.00 in the Project Acct #440-5179-536-69.20 ORDINANCE/RESOLUTION REQUIRED:~ DRAFT ATTACHED ~Oj Recommendation: Staff recommends approval final pa~zment to PB County and liquidati°n °f residual ~C l~ ~/ Department head signature: .. i~-; 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) No. & Description ~N Account Account Balance ~A ~,~. x,~~ City Manager Review~~ ~r~m~Z~~ ////~/ Approved for agenda: ~NOHold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved C it y o f D e I r a y B e a c h · Department of Environmental Services MEMORANDUM TO: David T. Harden, City Manager FROM: Howard Wight, Dep Dir of Constr~l.~ DATE: November 10, 1998 SUBJECT: Military Trail Utility Relocations Project # 97-002 Final Payment to County ! Liquidation of Residual Funds The is a request for the City Commission to approve the final reimbursement payment of $1,410.00 to Palm Beach County for the water and force main relocation in conjunction with the with the Paving and Drainage construction on Military Trail by the County. A copy of the reimbursable breakdown is attached. Additionally, a request is made to liquidate the residual amount of $42,120.00 in the Project Acct #440-5179-536-69.20 Summary Recap: $128,110.00 Original Agreement PO# 560433 $ 85,990.00 Final Total Amt owed County ($ 84,580.00) Less Amt Paid To Date $ 1,410.00 Final Amount Due $128,110.00 Original Agreement PO# 560433 (.~ 85,990.00) Less Final Amount owed County $ 42,120.00 Residual Amount to be Liquidated enc File: Project No.:97-02(A) DELRAY BEACH ....... ..:.:-'.5:1.': ';i.i ...... ..:,'~ ..:' i:::~" ,! :,.:~,ii ii:: . ~ 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 AII-AmericaCity 1993 Don gimmerman, Chief Construction Coordinator Palm Beach County Engineering & Public Works Department Construction Coordination Division P.O. Box 21229 West Palm Beach, FL 33416-1229 Reference: PBC Project: Military Trail - Clint Moore Road to West Atlantic Avenue PBC Project No.: 91-505 City of Delray Beach Project No. 97-002 Final Quantities Dear Mr. Zimmerman: We have reviewed the final quantities attached for the above referenced project and concur with them. The final total amount to paid by the City will be $85,990.00. ~ight Construction Manager cc: Jack Warren, CDB Engineering Inspector Dan Beatty, Dep Dir Public Utilities File:"City of Delray Beach Project No. 97-002 (A) THE EFFORT ALWAYS MATTERS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~ SUBJECT: AGENDA ITEM ~'~ - REGULAR MEETING OF NOVEMBER 17, 1998 FINAL PAYMENT/ANYTHING IN FENCE, INC. (MERRITT PARK FENCING IMPROVEMENTS). DATE: NOVEMBER 12, 1998 This is before the Commission to approve final payment in the amount of $7,372.00 to Anything In Fence, Inc. for completion of the Merritt Park fencing improvements project. Funding will be as follows: $2,440.00 from 118-1965-554-63.40 (Community Development - Recreation Improvements) $2,000.00 from 442-5178-536-61.82 (Water & Sewer R&R - Well Rehabilitation) $2,932.00 from 442-5178-536-61.83 (Water & Sewer R&R - Lift Station Rehabilitation) $7,372.00 Recommend approval of final payment to Anything In Fence, Inc. for the Merritt Park fencing improvements project. ref:agmemoll Agenda Item No. ~' ~' AGENDA REQUEST Date: November 10, 1998 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: November 17, 1998 Description of item (who, what, where, how much): Staff request the City Commission approve final payment in the amount of $7,372.00 to Anything In Fence, Inc. for the completion of the Men'it Park Fencing Improvements project. Funding is available from the Community Development Recreation Improvements account No. 118-1965-554-63.40, RJR Wells account No. 442-5178-536-61.82, and RJR Lift Station Rehab account No. 442-5178-536-61.83. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve final payment to Anything In Fence, Inc. in the amount of $7,372.00 for completion of Merrit Park Fencing Improvements project. ~l/~ ~~ Department head signature: , _ II - ~1- ~" Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable):. Budget Director Review (re, gu~d on all items involving expenditure of funds): Funding available: E~_~NO _ __ Funding altematives-(if applicable): Account No. & Description 118-1965-554-63.40, 442-5178-536-61.82, & 442-5178-536-61.83 Account Balance SEE BELOW ACCOUNT INFORMATION City Manager Review: Approved for agenda: (~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\96062~greq1117 118-1965-554-63.40 Recreation Improv. $62,559 442-5178-536-61.82 Well Rehab Rep Upgrade- S- 3,980 442-5178-536-61.83 Lt St Cony to Subm-$182,834 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden ~ City Manager From: Victor Majtenyi,~/~ Assistant Construction Manager Date: November 10, 1998 Subject: AGENDA REQUEST for 11/17/98 Merrit Park Improvements, Final Payment Project No. 96-062 Attached is an Agenda Request for City Commission approval of final payment in the amount of $7,372.00 to Anything In Fence, Inc. for the completion of the Merrit Park Fencing Improvements project. The project consisted of removing and disposing of existing fencing, and installing new green vinyl coated fencing and components. The project is complete and all warranty documentation received. Staff recommends the City Commission approve final payment to Anything In Fence, Inc. in the amount of $7,372.00 for the Merrit Park Fencing Improvement project. Funding is available from P.O.# 572192, from the following accounts: Comm. Imprv., Recreation Inprv.; Acct No. 118-1965-554-63.40 for $2,440.00 R/R, Wells; Acct No. 442-5178-536-61.82 for $2,000.00 R/R, Lift Station Rehab.; Acct No. 442-5178-536-61.83 for $2,932.00 cc: Howard Wight, Deputy Director of Construction File 96-062 (A) s\...\96062~agmeml 117 Invoice 1207 S, SWINTON AVENUE DELRAY BCH., FL. 33444 DATE INVOICE # (561) 274-4300/FED I.D. 65-0685722 10/27/98 5356 BILL TO SHIP TO City of Delray Beach MERRrrT PARK Finance Dept. CHANGE ORDERS 100 NW 1st Avenue ORDERED BY HOWARD WHITE Deiray Beach, F1 33444 P.O. # 571800 P.O. NUMBER TERMS DUE DATE SHIP VIA F.O.B. PROJECT 571800 Due on receipt 10/27/98 10/27/98 QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT Fence PR J- 96-062/MERRITT PARK 50.00 50.00 IMPROVEMENTS Fence CHANGE ORDER # 1 CONTRACT 2,390.00 2,390.00 ADDITION Fence CHANGE ORDER # 1 ADDITION 4,932.00 4,932.00 RECEIVED OCT 0 2 199~ ACCOUNTS PAY~tBLE Please remit to above address. Thank You! lotal $7,372.00 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~.F - REGULAR MEETING OF NOVEMBER 17, 1998 CONTRACT ADDITION (C.O. #2)/PAVEX CORPORATION (S.E. 2ND ~PR~/~& CEMETERY ROADS/ DATE: NOVEMBER 13, 1998 This is before the Commission to approve a contract addition (C.O. #2) in the total amount of $37,906.25 with Pavex Corporation under the 1998 Street Resurfacing contract. The additional work includes leveling and overlay for S.E. 2nd Avenue between S.E. 1st Street and S.E. 2nd Street at a cost of $9,450.00, as well as leveling/overlay for the cemetery roads ($28,456.25). Funding will be as follows: $ 4,725.00 from 442-5178-536-63.50 (Water & Sewer R&R - Water Mains) $ 4,725.00 from 448-5461-538-63.93 (Stormwater Utility - Other Improvements/SE 2nd Avenue) $28,456.25 from 334-6111-519-46.90 (General Construction Fund - Other Repair/Maintenance) $37,906.25 Recommend approval of the contract addition (C.O. ~2) with Pavex Corporation for the construction of road improvements on S.E. 2nd ~S~-eet and in the cemetery under the 1998 Street Resurfacing contract. ref:agmemol5 /7, Agenda Item No.: ~,r AGENDA REQUEST Date: November 12, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 17,1998 Description of item (who, what, where, how much): Staff requests City Commission to approve a Contract Addition (C.0.~2) to Pavex Corporation for the 1998 Resurfacing Projects - (98-40). C.O. #2 encompasses leveling and overlay for SE 2nd Ave between SE 1st St and SE 2nd St (PN 98-80) for $9,450.00;and the Cemetery (PN 99-22) for $28,456.25. Total costs for C.O. #2 is $37,906.25. Funding Sources are 442-5178-536-63.50 (Water Mains SE2nd) for $4,725.00; 448- 5461-538-63.93 (Drainage SE2nd); and 334-6111-519-46.90 (Parks Parking Lots - Cemetery) for $28,456.25 ORDINANCE/RESOLUTION REQUIRED: YE/N~RAFT ATTACHED YES/~ ReconHnen~ation: Staff Re commend//~a~f Change Order #2 Dete~nation of Consistency with Co~rehensi~ Plan: City Attorney Review/Reco~ndation (if applic~le): Budget Director Review (~ed on all items involving expenditure of funds): Funding available: %YES/~O Funding alternative~---' (if applicable) Account No. & Description Account Balance City Manager Review: &/ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9840. doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Director of Constru~/n~ Date: November 12, 1998 Re: 1998 Resurfacing Project (Project 98-40) Contract Addition - SE 2nd St (98-80)/Cemetery (99-22) Overlay Attached for Commission approval is an agenda request for a Contract Addition (C.O. #2) to Pavex Corporation on the above referenced Project. The scope of work includes asphalt leveling/overlay of SE 2nd St from SE 1st St to SE 2nd St in conjunction with the on-going water main and storm drainage upgrades. Also included is the leveling/overlay of the cemetery roads included in this years budget. The work will be completed utilizing Contract unit prices for actual tonnage used. The Contract Addition amount is based on estimated quantities and yields. Price breakdowns are as follows: SE 2nd St. (98-80) $ 9,450.00 Cemetery (99-22) $28,456.25 Total C.O. #2 $37,906.25 Funding Sources are 442-5178-536-63.50 (Water Mains SE2nd) for $4,725.00; 448-5461-538-63.93 (Drainage SE2nd); and 334-6111-519-46.90 (Parks Parking Lots - Cemetery) for $28,456.25 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 (Contract Addition) PROJECT NO. 98-40 DATE: PROJECT TITLE: 1998 Resurfacing Projects TO CONTRACTOR: Pavex Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIFULATIONS AND COVENANTS. JUSTIFICATION: Additional Asphalt overlay at SE 2nd Ave and Existing Cemetery per the Contract Unit Prices per the following: I Existing Cemetery Roadways (PN 99-22): Item #3 - Asphalt Leveling/Overlay 725 tn x $ 39.25 = $28,456.25 Subtotal $28,456.25 I SE 2nd Ave (PN 98-80): Item#1 -Mobilization Iea x $1,600.00 = $1,600.00 Item #3 - Asphalt Leveling/Overlay 200 tn x $ 39.25 = $ 7,850.00 Subtotal $ 9~450.00 Total C. O. #2 $37,906.25 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 93,453.30 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 43,800.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $137,253.30 COST OF CONSTRUCTION CHANGES THIS ORDER $ 37,906.25 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $175,159.55 PER CENT INCREASE THIS CHANGE ORDER 40.6% TOTAL PER CENT INCREASE TO DATE 87.4% 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. Pavex Corporation, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Sources are 442-5178-536-63.50 (VVater Mains SE2nd) for $4,725.00; 448-5461-538-63.93 (Drainage SE2nd); and 334-6111-519-46.90 (Parks Parking Lots - Cemetery) for $28,456.25 DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk ATLANTIC AVENUE ~U- ~__ ~ 2h113 Z LOCATION MAP $. W. 6'1'H STREET II DELRAY BEACH CEMETERY ~. ~'. COUR~ ~'" '~"~'~ L :'*~. ( S. ~. ~H ~ ~ , ~ S.W. ~H C~ · $. W. I OTH STREET MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY IvI32q'AGER~.~~ SUBJECT: AGENDA ITEM - REGULAR MEETING OF NOVEMBER 17, 1998 CONTRACT ADDITION (C.O. #1)/JAM ROCK, INC. (SIDEWALKS AT PINE GROVE PARK) DATE: NOVEMBER 12, 1998 ~,t~Z~~/2~,~' / This is before the Commission to approv/~a contract addition (C.O. #1) in the amount of $14,853.90 and/a 14 calendar day extension with Jam Rock, Inc. under the Sc~thwest Street Improvements contract. The additional work is for the construction of sidewalks along S.W. 7th Avenue and S.W. llth Street associated with the improvements at Pine Grove Park. Funding for the additional work is available from 118-1965-554- 63.11 (Community Development - Bike Paths/Sidewalks). Recommend approval of the contract addition (C.O. #1) with Jam Rock, Inc. for the construction of sidewalks at Pine Grove Park. ref:agmemol0 Agenda Item No. ~' ~ · AGENDA REQUEST Date: November 10, 1998 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: November 17, 1998 Description of item (who, what, where, how much): Staff request the City Commission approve Change Order #1, a Contract Addition, in the amount of $14,853.90, and a time extension of 14 calendar days, to the construction contract with Jam Rock, Inc., for the construction of sidewalks along SW 7th Ave and SW 11th S at Pine Grove Park. Funding is available from the Community Development, Bike Paths/Sidewalks account No. 118-1965-554- 63.11. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Change Order #1, a Contract Addition, in the amount of $14,853.90, and a time extension of 14 calendar days, to the construction contract with Jar'~m~pck, Ir~., for the constrAction of sidewalks at Pine Grove Park. Department head signature: ~.~-.~--. [0~~ {,-,,~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r~:l on all items involving expenditure of funds): Funding available(YES/~O _ __ Funding altemative'~-(ff applicable): Account No. & Description 118-1965-554-63.11 ,, Corqm. Dev., Bike Paths/Sidewalks Account Balance ,~./~', /.b- City Manager Review: ,,~-~, ,. Approved for agenda: .fi~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\...\98009~agreq 1117 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden ~-'~' City Manager From: Victor Majtenyi Assistant Construction Manager Date: November 10, 1998 Subject: Change Order #1 (Contract Addition) SW 4th Street/SW 6th Ave Sidewalk Improvements Project No. 98-009 Attached for City Commission approval is C.O. #1, a Contract Addition, in the amount of $14,853.90, and a 14 calendar day time extension, to Jam Rock, Inc., for the construction of sidewalks along SW 7th Ave and SW 11t' St associated with the Pine Grove Park Improvements project. The sidewalks at Pine Grove Park were not part of the original contract documents as bid. The values represented below correspond to the unit.prices approved by this sidewalk contract. A list of items with a brief description of each is presented below. Item #1 & 2 (per contract) Maintenance of Traffic & Clearing and Grubbing: Lump Sum. $3,251.90 Item #3 (per contract) 5' Concrete Sidewalk, 4 inch thickness: S.F. unit price of $2.02, approximately 4,600 Square Feet. $9,292.00 Item ~4 (per contract) 5' Concrete Sidewalk, 6 inch thickness: S.F. unit price of $3.00, approximately 770 Square Feet. $2,310..00 Total for Change Order #1 $14,853.90 Staff recommends approval of Change Order #'1, a Contract Addition, in the amount of $14,853.90, and a 14 calendar day time extension, to the contract with Jam Rock, Inc., for the installation of sidewalks at Pine Grove Park, along SW 7th Ave and SW 11"~ St. Funding for this Change Order #1 is available from account No. 118-1965-554-63.11, Community Development, Bike Paths/Sidewalks. cc: Lula Butler; Dir. Of Community Improvement Mike Simon; Community Development Program Coordinator Dick Hasko; Director of ESD Howard Wight; Dir, Of Construction Project File 98-009 (A) Esd...\98009\CO1 meml 117 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. One (1), Contract Addition PROJECT NO. 98-009 DATE: November 17, 1998 PROJECT TITLE: SW 4th St/SW 6th Ave Sidewalk Improvements TO CONTRACTOR: Jam Rock, 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: Provide all labor, material, and equipment necessary for the construction of vadous revisions to the plans and specifications to the SW 4th StJSW 6th Ave Sidewalk Improvements Project as outlined below for the construction of sidewalks along SW 7th Ave and SW 11th St at Pine Grove Park. Per contract unit pdces: Item #1 & 2: Maintenance of Traffic & Clearing and Grubbing; Lump Sum ..... $3,251.90 Item #3: 5' Concrete Sidewalk, 4 inch thick; $2.02/sf unit price ..... $9,292.00 Item ~4: 5' Concrete Sidewalk, 6 inch thick; $3.00/sf unit pdce ..... $2,310.00 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $92,345.15 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $92,345.15 COST OF CONSTRUCTION CHANGES THIS ORDER $14,853.90 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $107,119.05 PER CENT INCREASE THIS CHANGE ORDER 16 % TOTAL PER CENT INCREASE TO DATE 16 % EXTENSION OF CONTRACT TIME ALLOVVED BY THIS CHANGE, 14 CALENDAR DAYS. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the odginal work contracted for under benefit of competitive bidding. CONTRACTOR SIGNATURE (ARCHITECT) (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 118-1965-554-63.11 ($14,853.90) DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: ENGINEER/DIRECTOR CITY MANAGER ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK s:\...\96062\col MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~×I SUBJECT: AGENDA ITEM ~'~'- REGULAR MEETING OF NOVEMBER 17, 1998 DIGITAL BASE MAPS/ADR, INC. (JOINT EFFORT WITH PALM BEACH COUNTY PROPERTY APPRAISER) DATE: NOVEMBER 11, 1998 On June 2, 1998, the City Commission approved a joint venture between the City and the Palm Beach County Property Appraiser to contract with ADR, Inc. for digital base maps of the barrier island coastal area. The mapping of this pilot segment was successful and is complete. Staff is now requesting approval to obtain digital base mapping for the area bounded by Lake Ida Road on the north, 1-95 on the west, S.W. 10th Street on the south, and the Intracoastal Waterway on the east. This area contains approximately 1,845 acres). Fourteen (14) features will be accurately captured through the digital mapping process. Of the 14 features, the Property Appraiser has requested ten basic features and will share the cost for same. The City has requested four additional features. These are outlined in the attached documentation. The total cost for the ten basic features is $86,934.00, to be split 50%/50% between the Property Appraiser and the City ($43,467.00 each). The cost for the four additional features requested by the City is $7,269.00 for a total cost to the City of $50,736.00. Funding will be as follows: $25,368 from 448-5461-538-63.90 (Stormwater Utility - Other Improvements) and $25,368 from 441-5161-536-63.90 (W&S New Capital - Other Improvements). Recommend approval of the joint effort with the Palm Beach County Property Appraiser and authorize the Mayor to execute an agreement with ADR, Inc. for digital base maps of the referenced area. ref:agmemo9 Agenda Item No. ~'/1/ ' AGENDA REQUEST Date: 4-Nov-98 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: 17-Nov-98 Description of item (who, what, where, how much):. Commission approval/authorization for Mayor to execute agreement with ADR. Inc. Agreement will provide the Cit.v with accurate d~ital data covering the area bounded by Lake Ida Road on the north. 1-95 on the west SW loth St. on the south and Intracoastal on the east.. Fourteen geographic features will be captured digitally. The cost tO the Cit_v to obtain this data is $50.736.00. The Count.v Property_ Ap.~raiser will also contribute $43.467. O0 toward this prqiect. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends a~Droval. // ~-, Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re.,q~ed on all itc.ms invqlving exper)diture off:funds): Funding available:(~O ~ ~ ~,~ ~ Funding alternativSs~'- ~u '" .(if applicable) (Account No. & Description_S25.368 from 448-54~_1-538-63.90. Storrnwater Utility - Other Improvements & $25.368 from 441-5161-536-63.90 Water/Sewer New Capital - Other Improvements (.transfer required) Account Balance 448-54~1-538-63.90 $1~5,000 441-5161-536-63.90 $0 (transfer $25.368 from 441-5161-536-63. 78) City Manager Review: Approved for agenda:('~ScNo ] Hold Until: '-"' ~'~'" Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:t... VettersWktgisiagendaO2. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Randal L. Krejcarek, P.E.//~~ City Engineer DATE: 4-Nov-98 SUBJECT: Digital Photogrammetric Base Maps Joint Effort with Palm Beach Property Appraiser The attached agenda item is a request for commission approval/authorization for the Mayor to execute an agreement with ADR, Inc. The City will utilize an existing agreement between Palm Beach County Property Appraiser and ADR. The agreement will provide the City with accurate digital data. The area to be converted is bounded by Lake Ida on the north, SW 10th Street on the south, 1-95 on the west and the Intracoastal on the east (approximately 1,845 acres). This area will have 14 features accurately captured. Ten basic features, of the fourteen features, are being requested by, and cost shared with, the Property Appraiser. The ten basic features include: hydrologic features (lakes, rivers, canals, etc.), sea walls, edge of pavements, railroad tracks, buildings, back edge of sidewalks, fences and walls, radio and television towers, surface details at major intersections and State Plane Coordinates of section and quarter section corners. The four additional features will swimming pools, front edge of sidewalks, driveways, patios and other impervious areas. The cost is as follows: $86,934.00 Cost to obtain ten basic features requested by Property Appraiser (43.467.00) Property Appraisers share of cost (50% of ten basic feature cost) 43,467.00 City of Delay's cost to obtain ten basic features 7.269,00 Cost to City to obtain four additional features $50,736.00 Total cost to the City Funding will be provided from the following sources: $25,368.00 448-5411-538-63.90 Stormwater Utility - Other Improvements 25,368.00 441-5161-536-63.90 Water/Sewer - Other Improvements (transferred from 441-5161-536-63.78) $50,736.00 Total Thank you. enc. cc Richard Hasko, P.E., Director of Environmental Services s: I... ~letters~rlk~gislagendaO2. mern INTERSTATE 1-95 ENVIRONMENTAL SERVICES DEPARTMENT ~ PHASE II ~ ~ so~ sm'ro]~ A~'t~, ~r ~ r~om~ ~ PROJECT LIMITS 98-093 9285 Commerce Highway. Pennsauken, NJ 081 10 Phone: 800/257-7960 Fax: 609/486-7778 October 20, 1998 Mr. Randal L. Krejcarek, P.E. City Engineer Environmental Services Department 434 S. Swinton Avenue Delray Beach, FL 32~~. RE: Digital Photogrammetric Land Base Joint Pr~ect with the Palm Beach County Property Appraisers ADR File: E - 21772B Phase II Dear Mr. Krejcarek: Following our recent meetings in your office, we are pleased to submit this proposal and Schedule of Fees for the Photogrammetric Engineering Services to cover the specified project area west of Intercoastal Waterways, totaling 1,845 acres as a cost-sharing consideration with the Palm Beach County Property Appraiser. This project is proposed as a mutually coordinated joint effort between the Palm Beach County Property Appraiser, Palm Beach County and the City of Delray Beach in conformity with Section 163.01, Florida statutes as amended, which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on the basis of mutual advantage. All the work will be done in accordance with the procedures detailed in our original technical proposal of May 1996 submitted to the Director of Public Utilities assuring 6" (six inch) horizontal accuracy and optional future 1' (one foot) contour accuracy. A. Description of the Production Procedure The following is a brief description of the initial operations and the subsequent digital capture of the "Basic Ten" geographic land features of the mutually needed digital land base for the above described project area as delineated on the attached Project Area Map. 1. Initial Operations · Project planning · Low altitude precision aerial photography to support 6" horizontal accuracy · Horizontal geodetic ground control by Global Positioning System and partially by standard procedures · Preparation of the stereo model diapositives · Analytical Aerotriangulation Services · Model setups and stereo digitizing of the below listed features 2. List of the "Basic Ten" Geographic Features (Vectors) · All drainage features: coast (shore)-lines, lakes, rivers, canals, etc. · Sea Walls · Roads as indicated by edge of curb or edge of traveled surface where no curbs exist, gutters · Railroad tracks Pennsauken, NJ ' Pittsburgh and Philadelphia. PA ° Colorado Springs. CO · West Palm Seach and St. Petersburg. FL Mr. Randa! L. Krejcarek, P.E. October 20, 1998 Page 2 · Buildings · Fences, walls and other features, which appear to be property lines · Back edges of side walks (property side) · Radio and television towers · Major intersections (traffic islands, painted symbols) · State Plane Coordinate of Section and Quarter Section Comers from County sources 3. List of Additional Features for the City of Delray Beach (Vectors): In the following we describe the additional work specified by the City of Delray Beach for GIS design and other automation purposes in the total project area of 1,845 acres. In a simultaneous operation with the work for the Property Appraiser's Office, along with the above listed "Basic Ten" geographic features, we will also stereo digitize the below listed 4 (four) additional features (vectors) as dearly visible and identifiable on the aerial photography. 1. Swimming Pools 3. Driveways 2. Sidewalks (Roadside) 4. Patios and Impervious Areas B. Option for the City of Delray Beach At the City's request, we would provide estimates for the production of 1' contours and spot elevations in the areas of PH-I (Barrier Island) and Phase II as shown on the attached Project Map. C. List of Delivery Items · One set of aerial indexes · One set of 9" x 9" contact prints of the aerial photography on RC paper · Final translation of the geographic landbase either in AutoCAD (version 14) or DXF format at the City's choice. The files will be structured by sections. All work and services proposed herein will be completed by or under the direct supervision of certified photogrammetrists, licensed engineers and land surveyors. This proposal is subject to authorization to proceed by the City of Delray Beach and the Palm Beach County Appraiser's Office approximately at the same time and is firm for three months from this date, after which time it may be reviewed and revised. Please be aware that field edit is an essential item in every engineering oriented photogrammetric survey to locate small objects hidden from the camera. It is our understanding that the field edit and the subsequent data entry into the final files will be done by City personnel. We feel it is now our obligation to call to your attention the numerous benefits of ground object marking, as follows: · The City personnel's intimate knowledge of the system is the best assurance to locate objects in remote and unusual locations. Mr. Randal L. Krejcarek, P.E. October 20, 1998 Page 3 · It will enable the photogrammetric operators to store the data in the designated GIS layers. · It will assure the capture of small objects such as valve boxes, fire hydrants and curb inlets, in their precise location which could not be accomplished otherwise in the photogrammetric process, therefore, it will minimize the costly field edit work. · It will result in quantifiable cost saving versus field edit in addition of assuring the desired horizontal accuracy. These observations are the direct results of our extensive experience in a number of similar projects. The Palm Beach County Property Appraiser's share of the Ten Basic Geographic Features is requested to be completed for the end of September of the budget year. Special communication and scheduling effort will be necessary to coordinate production to assure the mutually desired cost benefits and to complete the additional work to satisfy the City's delivery requirement in addition to the PBPA's requirements. We express our sincere appreciation for this challenging opportunity to propose and are ready to provide any additional information you may desire. Very truly yours, ADR Inc. Vice Pr~sident/P~oject Coordinator /db ACCEPTED BY: Mayor CITY OF DELRAY BEACH DATE: Attachments: Accuracy Statement Topographic Features Schedule of Fees Project Area Map :delra¥4.qte ....... ~ ....... E21772B October 1998 SCHEDULE OF FEES FOR THE CITY OF DELRAY BEACH PH-11, FLORIDA AS COST SHARING PROJECI7 WITH THE PALM BEACH COUNTY APPRAISER'S OFFICE Scale of Photography: 1" = 300', 5 flight lines, 75 exposures, 55 plates, 45 stereomodels Total production fee of the photogrammetric "initial operations" and digital data capture of the "Basic Ten" geographic features and four utility features covering the project area totaling 1,845 (one thousand eight hundred and forty-five) acres as a cost saving project with the Palm Beach County Property Appraiser's Office: ............................................................................ $86,934.00 · The Property Appraiser's Share 50% $43,467.00 · The City of Delray Beach's Share 50% $43,467.00 · Additional fee for stereodigitizing the 4 (four) specified utility features for the City of Delray Beach as listed in A-3 of this proposal $7,269.00 TOTAL COMBINED FEE FOR THE CITY OF DELRAY BEACH $50,736.00 :fee4.doc ACCURACY STATEMENT By using low altitude photography to assure 0.5' horizontal and 1' contour (vertical) accuracy. ACCURACIES Ground Control Surveys Horizontal This survey shall consist of establishing coordinates for a predetermined number of points of Second Order Class One (1:50,000) proportional positional accuracy in accordance with field observational requirements of the Federal Geodetic Control Committee Proposed Geometric Geodetic Survey Standards and Specifications for Geodetic Surveys using GPS Relative Positioning Techniques, Version Four, September 1, 1986. The supplemental control of this proposal will be performed primarily by Global Positioning System and partially by traditional methods using latest equipment following Third Order Class I procedure unless required otherwise by the Town. Vertical The vertical accuracy shall be defined as having a maximum error of closure of .05 feet times the square foot of length of the level circuit in miles and all bench level lines shall be properly adjusted for any error contained herein. It shall be of Third Order, Class I procedure meeting the specifications outlined in the the U.S. Depa~t~ient of Commerce NOAA Classification, Standards of Accuracy, and General Specifications of Geodetic Control Survey. Analytically Generated Control Points The Root-Mean-Square-Error CRMSE) in horizontal position (X and Y), elevations (Z) of targeted, supplemental control points shall be no greater than 0.18 feet in relation with the scale of photography. Positional accuracy is relative to the nearest field control station utilized by the Photogrammetrist. Plane Coordinate Grid Lines The plotted position of each plane coordinate grid line shall not vary by more than + one- hundredth (1/100) of an inch from true grid value on each map sheet.. Mapping - Horizontal Compiled from the Iow altitude photography, 90% of all planimetric features which are well defined on the photography shall be plotted so that their position on the finished maps shall be accurate to within at least + .5' of their la'ue position in ground coordinates, as determined by test field surveys and none of the planimetric features tested shall be misplaced on the finished map by more than + one foot (1.0) in ground coordinates from their true coordinate positions. Mapping - Vertical (Option) Compiled from Iow altitude precision photography for spot elevations and (1' contour) accuracy depicting 2' (or every second contour) Contours- Ninety percent (90%) of the elevations determined from the solid line contours of the topographic maps shall have an accuracy with respect to true elevation of + one-half (1/2) contour interval or better and the remaining 10% of such elevations shall not be in error by more than + one contour interval. In checking elevations taken from the map, the apparent vertical error may be decreased by assuming a horizontal displacement of one-eightieth of an inch. Spot Elevations Ninety percent (90%) of all spot elevations placed on the maps shall have an accuracy of at least one-fourth (1/4) the contour interval (0.25') and the remaining 10% shall not be in error by more than one-half (1/2) the contour interval (0.5'). Dash Line Contour On areas where the ground cannot be seen clearly because it isobscured by trees, heavy brush or the low ground cover, heavy shadows or any combination thereof, the contours will be shown as dashed lines or may be completely eliminated. These dashed contour lines are not guaranteed to the specified accuracy standards of the solid line contours. In the area where contours are eliminated or shown with dash lines, the photogrammetrist shall make maximum use of photogrammetrically determined spot elevations in any sufficiently clear spot, where the ground can be seen. Index contours shall be shown (either solid or dash line) at 10' intervals. TOPOGRAPHIC FEATURES Future Options Contours - Solid line contours shall be shown on the final maps at an interval of 1.0' in all areas where the ground can be dearly seen on the stereoscopic model. When the ground is partially or completely obscured by tree cover, heavy brush or other low ground cover, heavy shadows or any combination thereof, the contours shall be shown as dashed lines, or will be completely eliminated. In such areas of dash line contours or areas without contours, the photogrammetrist shall make special effort by adding spot elevations detennined photogrammetrically in any dear spots where the ground can be seen. Spot Elevations - Photogrammetfic spot elevations will be shown at water level on open water bodies, at topographic features such as summits, depressions at road and highway intersections, at the center and ends of bridges, in areas where contours are more than 120' (3 inches) apart as additional effort to depict the topography. In general, the horizontal distance between elevations and between elevations and contours shall not eXceed 2 1/2 inches. CONTRACT NO.: GPS-1 ADDENDUM (24) w -j~ This Addendum is attached to and made a part of the contract · between the Palm Beach County Property Appraiser (herein "APPRAISER") and Aerial Data Reduction Associates, Inc. (herein "CONTRACTOR") dated July 9, 1991. W~E~EAS, the APPRAISER and CONTRACTOR mutually agree to amend the Agreement; and W~R~F2%S, the Contract between the parties provides for this amendment; and WNERF, AS, the APPRAISER and CONTRACTOR amend the Contract for additional services in the below described area with the understanding that the legal Municipality in the State of Florida, the City of Delray Beach (herein "CITY"), and the A~P~A~SER, for the purpose of the most efficient use of their funds and for other good considerations will share the cost evenly (by 50%) for the basic 10 (ten) geographic features listed in the first paragraph of the Second Addendum, item 1-e for the area described in subparagraphs l(a through e) of this Addendum and in accordance with a separate agreement between said Municipality and Contractor. Palm Beach County (herein "COUNTY")and the APPRAISER will cost share on this project by a separate cooperative agreement. NOIr, THEREFORE, in consideration of the mutual covenants contained herein the APPRAISER and CONTRACTOR hereby amend said Contract as follows; Paragraph 2 of said Contract and Paragraph 1 of the First Addendum thereto dated August 31, 1991, and Paragraph 1 of Second Addendum, hereto dated December 4, 1991 are amended to add the following as an addition to the work to be performed pursuant to the Contract, its First Addendum and its Second Addendum: 1. In addition to the work described in Paragraph 2 of the said Contract and Paragraph 1 of the First Addendum and Paragraph l(e) of the Second Addendum, CONTRACTOR, being a full service organization, agrees tO provide the below listed additional work and services according to the general terms and conditions of said Contract, its First Addendum, Second Addendum, Third Addendum, Fourth Addendum, Fifth Addendum, Sixth Addendum, Seventh Addendum, Eighth Addendum, Ninth Addendum, Tenth Addend~m~ Eleventh Addendum, Twelfth Addendum, Thirteenth Addendum, Fourteenth Addendum, Fifteenth Addendum, Sixteenth Addendum, Seventeenth Addendum, Eighteenth Addendum, Nineteenth Addendum, Twentieth Addendum, Twenty-first, Twenty- second, Twenty-third and according to the specifications of 1 of 2 COd I90'0N ?I£i £?E IgS ~ ~BSl~dd~ Al~BdO~d'O3'H'd 60:LI 86/V0/II said agreement as agreed uDon in this Twenty-fourth Addendum: 2. THE PROJ~¢TAREA, OF MUTUAL INTEREST, SCOPE OF WORKAND THE FINAL DELIVERY ITEMS: a. Project area is defined and includes portions of Sections 7,8,16,18,19,21 and all of section 17; Range 43 East; Township 45 South. This represents an area increase of vector mapping of approx/3~ately 1845 (eighteen hundred forty-five) acres to the previous approximately total of 645,544 acres increasing the total to 647,389 acres. b. Additional photo engineering services will provide aerial photography at the scale of 1" ~ 300' to assure 0.5' horizontal accuracy and related services of project planning and preparation to include diapositives of the 145 negatives in the area adjacent to the above described project 2-a between the Intracoastal Waterway, 1-95 the northern and southern limits of the City of Delray Beach totaling approximately 2740 acres. The final delivery items shall be: a. Two (2) sets of photo indexes b. One (1) set of 9" by 9" contact positive prints of the aerial photography on resin coated (RC) paper c. ~orizonta! control reports d. Final translation of the collected digital data in Drawing Exchange Format (DXF) on MS- DOS floppy disks or CD ROM disk. 3. Unless extended or terminated, the period of perfol~nance of this seventeenth Addendur~ shall comznence on the date of execution hereof and shall be completed no later than September 30, 1999. 4. The above described additional Photo engineering Services will be performed for the area described above for the lump sum fee as follows: 2-a. $43,467 (forty-three thousand four-hundred sixty-seven) dollars, for Phase II of Delray Beach 50% of the 10 basic features. $11,290 (ten thousand one hundred seventy- five) dollars for the additional photography and related services including diapositives 2 of 2 £0d I90'ON ~I£L £~E Igs ~ ~3SI~dd~ Al~BdO~d'OD'~'d 60:LI 86/~O/II and photogrammetric targets for the additional 2740 acres. The COUNTY has agreed to pay the APPRAISF.& the fixed amount of twenty thousand nine hundred eighteen ($20,918) dollars. The APPRAISER has the right to cancel this addendum upon non-payment from the COUNTY as defined by above said cooperative agreement (all authorized and accepted work performed shall be paid up through the termination date). The APPRAISER shall pay a fixed amount of thirty three thousand eight hundred and twenty nine dollars ($33,829). Such amounts include all expenses that the Parties may incur and therefore no additional consideration shall be authorized. The total to be paid through the APPRAISER to CONTRACTOR will not exceed $54,757 (fifty four thousand seven hundred fifty seven) dollars. This Addendum will not become effective until after the City of Delray ~each authorizes CONTRACTOR to proceed, furthermore, after fully executed copies of same are received by all parties hereto. Except as modified herein the terms and conditions of the said Contract and the First and Second Addenda thereto between the Palm Beach County Property Appraiser and Aerial Data Reduction Associates, Inc. shall remain in force. Agreed and Accepted: Agreed and Accepted: A~ria~ Data Reduction PaLm Beach Coun~ By: B : ' , Louis Komondi ~' Dated: ,, , D. at~d: 3 of 3 ~0d I90'ON ~I£& £~E I9S e ~BSIU~8dU AI~B80~d'O3'E'd 60:~.I 86/~0/II · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: C I TY MANAGER~1 SUBJECT: AGENDA ITEM g~J REGULAR MEETING OF NOVEMBER 17, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 12, 1998 Attached is the Report of Appealable Land Use Items for the period November 2nd through November 13, 1998. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. ref:apagmemo TO: DAVID T. HARDEN, CITY MANAGER P~~~O~ THRU: DIANE DOMINGUEZ, DIRECTOR OF SUBJECT: MEETING OF NOVEMBER 1998 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 2, 1998 THRU NOVEMBER 13, t998 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of November 2, 1998 through November 13, 1998. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (5 to 0, Shutt absent), a request for a color change for an existing gasoline station Exxon Gas Station, located at the southeast corner of NE 4th Street and Pineapple Grove Way (NE 2nd Avenue). B. Denied (3 to 2, Branning and Sittler dissenting), a request to change the building material of the perimeter wall (adjacent to the proposed commercialoutparcel) for The Fountains (fka Bayberry Landing), located on the west side of Military Trail, approximately 1,400 feet north of Atlantic Avenue. City Commission Documentation Appealable Items Meeting of November 17, 1998 Page 2 C. Tabled (5 to 0), a request to change the building fa(;ade including the installation of new french door and a covered porte-cochere for Estate Galleries, located on the east side of North Federal Highway, south of Bond Way. D. Approved (5 to 0), a request to change the color of the awnings forFormano Properties, located on the east side of NE 4th Avenue, north of NE 2nd Street. E. Approved (4 to 0, Perez-Azua stepped down), a Class III site plan modification, landscape plan and architectural elevation plan associated with the conversion of an existing warehouse structure to office and retail uses forLandmark Center (formerly Craige's Furniture Warehouse), located on the west side of Pineapple Grove Way (NE 2nd Avenue), approximately 150' north of East Atlantic Avenue. Concurrently, the Board approved a waiver eliminating the required 5' wide landscape strip between the handicap parking space and the east property line. F. Approved (5 to 0), a Class V site plan, landscape plan and architectural elevation plan for The Enclave, a proposed 224-unit apartment complex, located on the south side of West Atlantic Avenue approximately 2,000 feet west of Military Trail. The parcel is located within unincorporated Palm Beach County. Site plan approval is required in conjunction with the request for City water service. Concurrently, the Board approved the following waivers: · Reduced the parking from 479 spaces (539 parking spaces are provided if tandem spaces located in front of the garage are counted) to 315 spaces; and, · Permitted back-out parking on the internal street system throughout the site. G. Approved (5 to 0), a Class V site plan and landscape plan associated with the construction of a parking lot for Formano Properties Parking Lot, located on the west side of NE 5th Avenue, between NE 2nd Street and NE 3rd Street. H. Approved (5 to 0), a Class V site plan, landscape plan and architectural elevation plan for Windsor Court, a proposed 10-unit townhouse development located at the southwest corner of Gleason Street and Bay Street. Concurrently, the Board approved the following waivers: · Reduced the required 60' right-of-way width for Bay Street to 30' andGleason Street to 40'. · Deferred the requirement to install sidewalks along Gleason and Bay Streets. · Reduced the required parking from 25 spaces to 20 spaces (40 parking spaces are provided if the tandem parking arrangement is counted. · Reduced the side yard pool setback from 10 feet to 5 feet. · Permitted the townhouse building to exceed 8 units and a length of 200'. I. Approved (5 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan to accommodate the retail sales, display and full service of motorcycles, personal watercrafts and all terrain vehicles for the Delray Kawasaki Dealership (former Miller Dodge), located on the west side of US Highway No. 11 approximately 150 feet north of Allen Avenue. Concurrently, the Board granted the following waivers: City Commission Documentation Appealable Items Meeting of November 17, 1998 Page 3 · Reduced the required right-of-way width for Dixie Highway from 50' to 40'. · Deferred the installation of the sidewalk along Dixie Highway. · Allowed the elimination of a required masonry wall on the eastern and western boundaries in lieu of landscape buffers. · Reduced the required number of interior trees from 31 to 16. The Board also recommended that the City Commission approved a waiver to allow outdoor boat display with the condition that the outdoor display be limited to a maximum of 6 boats and that the boats be limited to no more than 20' in length. 1. Approved (7 to 0), a request for a Certificate of Appropriateness, associated with the installation of fabric awnings over the east and west arches of the front entrance and changing the fabric for the existing awnings along the east facade of theColony Hotel, located at the northwest corner of East Atlantic Avenue and NE 6th Avenue. No Regular meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR ' CULF STREAM BLVD. CITY COMMISSION MEETING OF NOVEMBER 17, 1998 L-30 CANAL o ~ E:: ''~ -..., ~ LAKE iDA ROAD ~._ ...... N.W. 2ND · ._..i L. LOWSON BOULEVARD "~ LINTON BOULEVARD L .... i ' · ? L-58 CANAL C-15 CANAL c~w UM,tS ........... S.P.R.A.B.: h.P.B.: A. - EXXON GASOLINE STATION 1. - COLONY HOTEL B. - THE FOUNTAINS (f.k.a. BAYBERRY LANDING) I I MILE I I J C. - ESTATE GALLERIES SCALE D. - FORMANO PROPERTIES E. - LANDMARK CENTER I~1 F. - THE ENCLAVE IN G. - FORMANO PARKING LOT ~ H. - WINDSOR COURT CI~Y OF DELRAY BEACH. FL I. -- DELRAY KAWASAKI PLANNING &: ZONING DEPARTMENT -- O~ff~ 8,~,SE ~ sr~rE~ -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lvI3~AGER~ SUBJECT: AGENDA ITEM ~J - REGULAR MEETING OF NOVEMBER 17, 1998 AWARD OF BIDS AND CONTRACTS DATE: NOVEMBER 13, 1998 This is before the City Commission to approve the award of the following bids and contracts: 1. Bid award at an estimated annual cost of $11,040 to Complete Property Services for the mowing and maintenance of thirteen (13) stormwater retention areas within the City (approximately 7.46 acres), with funding from 448-5416-538- 34.90 (Stormwater Utility - Other Contractual Services). 2. Purchase award at an estimated annual cost of $17,528.18 to McWane, Inc. D/B/A Kennedy Valve Co., via Miami-Dade Water Sewer Bid, for the purchase of fire hydrants, with funding from 442-5178-536-52.29 (W&S Renewal & Replacement - Fire Hydrants under $500). 3. Award to Mears Motor Leasing for a one year lease in the estimated amount of $38,520.00 for six vehicles to be used by the Police Department Vice Intelligence Division and Narcotics Division, with funding from 001-2115-521-44.40 (Police Investigative - Vehicles Rental/Lease). 4. Purchase award to IKON Office Solutions, via Dade County School Board Contract, for the upgrade of the Police Department's District 2 copier, currently a Canon NP4050, to be upgraded to a Canon HP6551 for a 60 month lease, at a lease cost of $473.11 per month for a total of $28,386.60 over the 60 month lease period, plus excess copy charges, with funding from 001-2117-521-44.30 and 001-2119-521-44.30 (Police District 1 & 2 - Equipment Rental/Lease). 5. Purchase award in the amount of $16,900.00 to Molloy Brothers, Inc. for the emergency replacement of a drainage outfall pipe on Dogwood Drive, with funding from 448-5461- 538-63.90 (Stormwater Utility - Other Improvements). Recommend approval of the bid and contract awards listed above. ref:agmemo8 Agenda Item No.: AGENDA REQUEST Date: November 11, 1998 Request to be placed on: Consent Agenda XX R~z/tr~aT Agenda Special Agenda Workshop Agenda When: November 17, 1998 Description of agenda item (who, what, where, how much): Bid Award - Mowing and Maintenance of Stormwater Retention Areas to Complete Property Services at an estimated annual cost of $11,040. per Bid #98-64. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award of Bid #98-64 to low responsive bidder~ Complete Property Services, at an estimated annual cost of $11~040 for the mowinK and maintenance of stormwater retention areas. Funding from account code A48-5416-Sqg-qA.q0 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 ~-~ ~ tll)'}%~ Funding alternatives: Account No. & DesQription:~-'~-~.~0 ~D~ ' Account Balance: ~~ ''' ~ '-- = .... City Manager Review: Approved for agenda: ~/ NO ~/// Hold Until: c~ ~ Agenda Coordinator Review: Received: Action: Approved/DisapProved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph~~jinance Director DATE: November 11, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING NOVEMBER 17, 1998 - BID AWARD - BID #98-64 MOWING AND MAINTENANCE STORMWATER RETENTION AREAS Item Before Commission: City Commission is requested to approve award to Complete Property Services for the mowing and maintenance of the stormwater retention areas at an estimated annual cost of $11,040. Background: The City has a need for an annual contract for Landscape Maintenance to mow, trim, and edge thirteen (13) stormwater retention locations within the City consisting of approximately 7.46 acres. Bids were received from eleven (11) vendors all in accordance with City purchasing policies and procedures. (Bid #98-64. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Assistant City Manager recommends award to the low responsive bidder, Complete Property Services. See attached memo dated November 11, 1998. Recommendation: Staff recommends the award to low responsive bidder, Complete Property Services at an estimated annual cost of $11,040. Funding from account code 448-5416-538-34.90. Attachments: Tabulation of Bids Memo From Assistant City Manager MEMORANDUM TO: Jacklyn Rooney, Purchasing Supervisor FROM: ~Robert A. Barcinski, Asst. City Manager DATE: November 11, 1998 SUBJECT: Mowing and Maintenance Stormwater Retention Areas After review of the bids received for Bid #98-64 for the mowing and maintenance of thirteen (13) stormwater retention locations within the City (consisting of approximately 7.46 acres), I recommend award to Complete Property Services at $9,300 per year for the mowing, trimming and edging and their alternate bid of $1,740 for the fertilizing of these areas. Complete Property Services currently has a contract with the City for landscape maintenance of N.E. 8th Street and West Atlantic Avenue from Swinton to 1-95. Ray Eubank, Parks Superintendent, City of Delray Beach, also recommends Complete Property Services as the quality of their service is good. Funding from account code 448-5416-538-34.90. CITY OF DELRAY BEACH TABULATION OF BIDS BID #98-64 MOWING AND MAINTENANCE STORMWATER RETENTION AREAS OCTOBER 27, 1998 VENDORS: COMPLETE TROPICAL CUSTOM CARE SEAGULL PROPERTY LOOKS INC. INDUSTRIES SERVICES LANDSCAPE FOR THE DISABLED TOTAL LUMP SUM MOWING, TRIMMING, $9,300.00 $9,778.32 $10,354.32 $11,700.00 EDGING RETENTION AREAS ADD ON ALTERNATE: FERTILIZING $1,740.00 $1,458.70 $3,409.15 $1,950.00 LIST OF 10-10-10 AS PER 10-10-10 10-10-10 FERTILIZERS OR EQUIV. REQUIREMENTS PLUS DIAZANON CHEMICALS TO BE TO BE OF CONTRACT MICRO- USED SUBMITTED NUTRIENTS FOR APPROVAL GRAN-UALR DIAZINON COMMENTS / EQUIPMENT EXCEPTIONS LIST SUBMITTED CITY OF DELRAY BEACH TABULATION OF BIDS BID #98-64 MOWING AND MAINTENANCE STORMWATER RETENTION AREAS OCTOBER 27, 1998 VENDORS: EDGE & N & W LAWN RPMS CO. TARE CUT SERVICE INC. LANDSCAPE LANDSCAPING INC. TOTAL LUMP SUM MOWING, TRIMMING, $12,060.00 $18,000.00 $18,795.00 $19,740.00 EDGING RETENTION AREAS ADD ON ALTERNATE: FERTILIZING NO BID $800.00 $17,500.00 $2,500.00 LIST OF N/A 10-10-10 8-10-10 LESCO FERTILIZERS FERTILIZER GENERAL TURF PRODUCTS CHEMICALS TO BE FERTILIZER, USED 15-5-15 TURF BUILDER OR EQUIV. COMMENTS / EQUIPMENT EQUIPMENT EQUIPMENT EXCEPTIONS LIST LIST LIST SUBMITTED SUBMITTED SUBMITTED CITY OF DELRAY BEACH TABULATION OF BIDS BID #98-64 MOWING AND MAINTENANCE STORMWATER RETENTION AREAS OCTOBER 27, 1998 VENDORS: FLORASCAPE EAST COAST DELRAY GARDEN ORNAMENTAL GARDEN SERVICE CARE INC. CENTER TOTAL LUMP SUM MOWING, TRIMMING, $20,250.00 $26,406.00 $31,200.00 EDGING RETENTION AREAS ADD ON ALTERNATE: FERTILIZING $3,300.00 * $2,572.00 $3,000.00 $1,650.00 ** LIST OF ROUNDUP - 29-3-5 W/ 10-10-10 FERTILIZERS CONTACT .74 DURSBAN, DIAZANON CHEMICALS TO BE HERBICIDE, HERBICIDE - USED GROWERS FERT. ROUND-UP 8-10-10 W/ MONORS, & 16-4-8 FERT. W/MINORS COMMENTS / * USING EQUIPMENT EXCEPTIONS 8-10-10 LIST · * USING SUBMITTED 16-4-8 EQUIPMENT LIST SUBMITTED Agenda Item No.: g~ AGENDA REQUEST Date: November 06, 1998 Request %o be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: November 17, 1998 Description of agenda item (who, what, where, how much): Purchase award for the~purchase of fire hydrants from McWane Inc. D/B/A Kennedy Valve Co.~ via the Miami-Dade Water Sewer Bid #1042-2/99-1, at an estimated annual cost of $17,~28.18. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to McWane Inc. D/B/A Kennedy Valve Co. for the purchase of fire hydrants via the Miami-Dade Water Sewer bid #1042-2/99-1 at an estimated annual cost of $17,528.18. Funding 442-5178-536-52.29 (fire hydrant replacement -$500.00} 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: ~~ ~)~ Funding alternatives-N.~/ . . , (if applicable)a Account No. & Description: Account Balance: Ci Manager Review: Approved for agenda: ~/ NO ~Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph Safford, Finance Director DATE: November 06, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING NOVEMBER 17, 1998 - PURCHASE AWARD FIRE HYDRANTS - VIA MIAMI-DADE WATER & SEWER BID Item Before Commission: City Commission is requested to approve the purchase of fire hydrants from McWane Inc. D/B/A Kennedy Valve Co., via the Miami-Dade Water Sewer Bid #1042-2/99-1, at an estimated annual cost of $17,528.18. Background: The City of Delray Beach Water/Sewer Network has a need for an annual contract for the purchase of fire hydrants. These fire hydrants are available from the Miami-Dade Water Sewer Fire Hydrant Bid #1042-2/99-1 which was awarded to McWane, Inc. D/B/A Kennedy Valve Co. for the Guardian K8 lA Fire Hydrant. The vendor has agreed to extend to the City of Delray Beach this same bid pricing and terms with the exceptions of hydrants to be painted silver for the City of Delray Beach and a non Miami-Dade Dirt Shield. See attached memo dated October 14, 1998. The Manager of the Water/Sewer Network recommends award to McWane Inc., D/B/A Kennedy Valve Co. per the attached memo dated October 29, 1998, and City of Delray Beach estimated annual requirements. Recommendation: Staff recommends award to McWane, Inc. D/B/A Kennedy Valve Co. via the Miami Dade Water Sewer Bid #1042-2/99-1 at an estimated annual cost of $17,528.18. Funding from account code 442-5178-536-52.29 (fire-hydrant replacement <$500.00). Attachments: Memo From Kennedy Valve Div. of McWane, Inc. Memo From Manager Water/Sewer Network City of Delray Beach Requirements Miami Dade Contract Award Sheet cc: Michael Offie, Manager W/S Network City of Delray Beach Requirements Estimated Item # Bury Length Annual Qty. Unit Price Extended Price 1. 30" 0 $ 384.00 2. 36" 4 each $ 393.00 $ 1,572.00 3. 42" 30 each $ 403.00 $12,090.00 4. 48" 2 each $ 412.00 $ 824.00 5. 54" 2 each $ 422.00 $ 844.00 6. 60" 4 each $ 431.00 $ 1,724.00 Total 42 each $17,054.00 Non Miami~Dade 42 each x $ 11.29 --- $ 474.18 Dirt Shield Grand Total $17,528.18 MEMORANDUM To: Jacklyn Rooney, Purchasing Supervisor From: Michael S. Offie, Manager W/S Network Subject: Fire Hydrant Contract Date: October 29, 1998 I have read the bid package and discussed the subject with the Deputy Director of Construction and the Deputy Director of Public Utilities. We recommend The City of Delray Beach piggy back this Miami Dade bid. The following are estimated quantities and sizes needed for fiscal year 1998 - 1999. Item # 1 Bury Length 30" 0 each 2 Bury Length 36" 4 each 3 Bury Length 42" 30 each 4 Bury Length 48" 2 each 5 Bury Length 54" 2 each 6 Bury Length 60" 4 each Request all hydrants with 5 1/4" control valve. Account number 442-5178-536-52:29 fire hydrant replacement < $500.00. Mi~t'~el-S. Of ~ef']~~ OCT 1998 Manager W/S Network ~t~, cc: Dick Hasko, Director of Environmental Services Dan Beatty, Deputy Director of Public Utilities Howard Wight, Deputy director of Construction File: Fhydcon 00T--16-98 THU 09:09 aN La~UINT~ INN F~× NO, 904 779 6214 P. 02 KENNEDY VALVE Division of McWANE, inc. 1021 East Wa~er Street P.O. Box 931 Elmira, New York 14902-0931 Telephone (607) 734-221 ? Fax (607) 734-3288 Wednesday, October 14, 1998 KATHY BUTLER DELRAY BEACH 100 NW 1st AVE. DELRAY BEACH, FL, 33444 RE: MIAMI-DADE WATER 8, SEWER CONTRACT # 1042-2/99-1 Dear KATHY: Kennedy Valve Co. will allow the City of Delray Beach to piggyback from the Miami~Dade Fire Hydrant Contract, When you place the order please make the following note; - Hydrants to be painted - Silver - Purchase a non Miami-Dade Dirt Shield - part # K-8103, O/L - $11.29 - Send billing address and P.O. number with order - Note to Water Dept. that delivery will be 4 ~ 6 wks I have enclosed a copy of the Contract. Please call with any questions. Sincerely Yours, PETE COCHRANE DISTRICT SALES MANAGER CONTRACT AWARD SHEET BID NO.: 1042-2/99-1 (Previous Bid No. 1042-2/99-0TR) FIRE HYDRANTS FOR MIAMI-DADE WATER AND SEWER DEPARTMENT CONTRACT PERIOD: 3/1/98 thru 2/28/99 COMMODITY CODE: 34060 OTR YEARS: Two (2) ON A YEARLY BASIS PART #1: VENDORS AWARDED F.E.I.N.: 63-0008070 58-0959907C VENDOR: AMERICAN CAST IRON PIPE CO. U.S. FILTER DISTRIBUTION GROUP d/b/a/ American Flow Control STREET: 300 John Carroll Ave. --4310 N.W. lOth Avenue CITY/STATE/ZIP: South St. Paul, MN 55075 Oakland Park, F1 33309 F.O.B. TERMS: Delivered Delivered PAYMENT TERMS: Net 30 Days Net lOth/Prox. N30D DELIVERY: Within 30 days ARO 5 to 10 days ARO PHONE: (612) 450-5016 (954) 772-7343 (800)349-3790 FAX: (612) 450-5025 (954) 772-0443 CONTACT: David E. Doran Ms. A. ChriStian F.E.I.N.: 63-0139000-B 63-0139000A MCWANE, INC. VENDOR: CLOW VALVE COMPANY KENNEDY VALVE CO. STREET: 902 South 2nd St. 1021 East Water Street CITY/STATE/ZIP: Oskaloosa, Iowa 52577 Elmira, New York 14901 F.O.B. TERMS: Delivered Delivered PAYMENT TERMS: Net 30 Days Net 30 Days DELIVERY: As Required Within 30 days ARO PHONE: (515) 763-8611 (607) 734-2211 FAX: (515) 763-8269 (607) 734-3288 CONTACT: Larry J. Whitaker John A. Chalk PART #2: ITEMS AWARDED FIRE HYDRANTS (CITY OF MIAMI STANDARD) VENDORS PRIMARY SECONDARY McWANE, INC. KENNEDY VALVE AMERICAN FLOW CONTROL GUARDIAN K81A AMERICAN DARLING MOD.#B-84-B ITEM #1 BURY LENGTH 30" $ 384.00 $ 401.11 2 " " 36" $ 393.00 $ 411.51 3 " " 42" $ 403.00 $ 421.27 4 " " 48" $ 412.00 $ 431.05 5 " " 54" $ 422.00 $ 440.96 6 " " 60" $ 431.00 $ 450.32 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: XX Consent Agenda __ Special Agenda __ Workshop Agenda When: November 17, 1998 Description of agenda item: Approve award to Mears Motor Leasing for a one year lease in the estimated annual amount of $38,520.00 for six vehicles to be utilized by the Delray Beach Police Department, Vice Intelligence Division and Narcotics Division. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Meats Motor Leasing for a one year lease for six vehicles at estimated annual amount of $38,520.00. Funding will be taken from a~ccount number 001-2115-521-44.40. Department Head Signatu~ ~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (require~ on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: (if applicable) Account Number: - Account Description: VO~ Account Balance: ~ ~} ~ ' / City Manager Review: Approved for agenda' Y~e- ' Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved PURCHASING DIVISION MEMORANDUM DATE: November 12, 1998 TO: David Harden, City Manager FROM: Jennifer Schill e, Acting BuyerO~ THROUGH: Josep~~nce Director RE: One year lease agreement with Mears Motor Leasing, for six vehicles, to be utilized by the Delray Beach Police Department, Vice Intelligence Division and Narcotics Division. ITEM BEFORE COMMISSION: The City Commission is requested to approve award to Mears Motor Leasing for a one year lease for six vehicles to be utilized by the Vice Intelligence Division and Narcotics Division in the estimated annual amount of $38,520.00. BACKGROUND: The six vehicles leased are currently utilized by the Vice Intelligence Division and Narcotics Division in undercover operations. Use of a vehicle for undercover work over a one year period seriously compromises the ability of the agents to do their job, as the vehicles being used become known by the criminals. In addition, officer safety is compromised. The Administrative Services Director at the Police Department recommends the one year lease of six vehicles at the estimated lease price of $535.00 each per month. (Please refer to memo from Mears Motor Leasing dated April 23, 1998). The total cost of the one year lease for six vehicles is estimated at $38,520.00. Funding for the leasing costs will be taken from account number 001-2115-521-44.40. For detailed specifications regarding the lease, please refer to the Lease Agreement. RECOMMENDATIONS: The Purchasing staff recommends award to Mears Motor Leasing for the one year lease of six vehicles at an estimated annual cost of $38,520.00. Funding will be taken from account number 001-2115-521-44.40. Attachments: Memo 11/10/98 Letter 04/23/98 Lease Agreement cc: David Junghans, Administrative Services Director Jacklyn Rooney, Purchasing Supervisor ~ DELRAY BEACH Delray Beach Police Department (561) 243-7888 Fax (§61) 245-7816 1993 MEMORANDUM TO: Jennifer Schillace, Acting Buyer Finance Departmo~nt ~ FROM: David Junghans ~ .'~' Administrative Services"l:~ector DATE: November 10, 1998 SUBJECT: MEAR$ MOTOR LEASING in response to your question regarding the increase in the monthly cost of the undercover vehicles, yes I was aware that the monthly cost would increase this fiscal year. Mears informed us of the increase at the end of April. However, the information was not delivered to me until after the budget was complete. The department did, however, increase our request based on past fiscal years, for this fiscal year. Should you have any additional questions, please call me at x7852. DJ/ppt · ' ~0/27/98 04:23 "840?5784924 dEARS LEASING ~004/004 MEARS April 23. 199. MOTOR City of Delray Beach LEASING Lt. Scott Lundsford 300 W. Atlantic Avenue Delray Beach, FI. 33444 Regarding: 1999 Undercover Car Program Dear Lt. Lundsford, We hope that the success of our undercover program has enabled your department to be more effective in its law enforcement endeavors. Due to rising vehicle costs and a glut in the used vehicle market, which relates to lower residual values, we are unfortunately announcing a price increase. Starting in the 1998-1999 fiscal year, the monthly rate for new vehicles will be $535.00- $545.00 per month. We will continue tO offer a wide selection of vehicle choices; however, there will be less emphasis on new sport utility vehicles. To offset some of this increase we would like to encourage your department to consider the benefits of a pm-payment plan_ Pm-payment on new vehicles will reduce the cost by approximately $20.00 per month, per vehicle, depending on the acquisition price. Another option is to put slightly used units into service. We can offer current model or one-year-old vehicles that are still under factory warranty. The monthly rate on this plan would be approximately $490.00-$500.00 per month, depending on the make and model. Prepayment on these vehicles would result in additional cost savings. We appreciate your business and look forward to servicing your undercover vehicle needs. S in ce re/ly}, _! David R_ Pickard Account Executive SALES - LEASING - SERVICE 3905 FL REY ROAD. ORLANI~. FLORIDA 32808 - ~AX 407~578-4924 - PHONE 407-298-2982 ~ m m ~Lt ~, 3' Mid ~4~(m) fn ~ ~{ut ~ttl~ ~ .... -- ~t ~ ~ ~ ~J-~ ~ ~ ..... ~]M_~ - ,~ .... ~--~.-{ ' ~ ~ ~G~ ~1~ ~~~~ ~1~ ' ' ~-~' ~.~_~ ~ ~ ~ m ~im ~Sc~ ~ ~ ~ alt ~ ~ ~~~' 2~1~~ P~ ~ In ~ ........... w n ~ty ~1~1~ ~. ~.w ~]~ ~ ~~tt ~~- ~ ..... ~ ........... ~~~. ~ ~ ~ .,_ ,~, ......... ~mkb ~ T]~e ~ ' ' - ..... eLL ~ ~ ~ ~ J~J~l~tm ~ ~ ~ ~ F~i~ ~.~ ~LL ~ ~ Lf~ ~ ~ ~ eLL ~f~ ~ eLL 3 FAX P~EA CODE EXTENSION MOBILE ~ELEPHONED ~ --. PL~SE CALL, , :, , , CA.ME TO SEE YOU I RUSH ~ FORM 4007 SIGNED ~Ir~.MADE iN U,S.A. -~. AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: ~ Consent Agenda . Special Agenda ~ Workshop Agenda When: November 17, 1998 Description of agenda item: Approve award to IKON Office Solutions for the upgrade of the Police Department's District 2 copier, currently a Canon NP4050, to be upgraded to a Canon HP6551 for a 60 month lease. The lease payment is $158.11 per month with a minimum charge of 50,000 copies per month at the rate of $.0063 per copy. The total cost of the lease per month is $473.11 and a total of $28,386.60 for 60 months. Copies made over the 50,000 monthly minimum are charged at the rate of $.0063 per copy. The lease price includes service, parts, labor, toner (s) and drum (s). ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to IKON Office Solutions for a total cost of $28,386.60. Pricing is per Dade County School Board Contract, Number 302-V V 11. Funding for the cost of the first year lease will be taken from account numbers: 001-2117-521-44.30; and 001-2119-521-44.30. Department Head Signature~ ~~ Determination of Consistency with~mprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding alternatives: / (if applicable) Account Number: _~ A~ount Description: C'~ Manager Review: ~proved for agenda: Yes No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved AGENDA REC~UEST Request to be placed on: XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: November 17, 1998 Description of agenda item: Approve award to IKON Office Solutions for the upgrade of the Police Department's District 2 copier, currently a Canon NP4050, to be upgraded to a Canon HP6551 for a 60 month lease. The lease payment is $158.11 per month with a minimum charge of 50,000 copies per month at the rate of $.0063 per copy. The total cost of the lease per month is $473.11 and a total of $28,386.60 for 60 months. Copies made over the 50,000 monthly minimum are charged at the rate of $.0063 per copy. The lease price includes service, pads, labor, toner (s) and drum (s). ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to IKON Office Solutions for a total cost of $28,386.60. Pricing is per Dade County School Board Contract, Number 302-V V 11. Funding for the cost of the first year lease will be taken from account numbers: 001-2117-521-44.30; and 001-2119-521-44.30. Department Head Signature~ Determination of Consistency wi ~//th-Comp~hensive Pla'~n.· '' ~'' City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved PURCHASING DIVISION MEMORANDUM DATE: November 11, 1998 TO: David T. Harden, City Manager FROM: Jennifer Schillace, Acting Buyer THROUGH: Joseph S~~-~lance Director SUBJECT: Purchase df'lease through IKON Business Solutions to upgrade copier for the Police Department, District 2. ITEM BEFORE COMMISSION: The City Commission is requested to approve award to IKON Office Solutions for the upgrade of the Police Department's District 2 copier, currently a Canon NP4050, to a Canon HP6551 for a 60 month lease. BACKGROUND: Presently, Distdct 2 is leasing a Canon NP4050 copier from IKON Office Solutions. The copier is two years old and has generated almost a half million copies. Distdct 2 is consistently exceeding the copy limitations of the contract and, considering the number of copies made and the age of the machine, an upgrade to the Canon NP6551 would be cost effective. The Administrative Services Director at the Police Department recommends the upgrade of the Canon NP6551 copier, 60 month lease, to IKON Office Solutions at a lease payment of $158.11 per month with a minimum charge of 50,000 copies per month at the rate of $.0063 per copy. The total cost of the lease per month is $473.11 and a total of $28,386.60 for 60 months. Copies made over the 50,000 monthly minimum are charged at the rate of $.0063 per copy. The lease price includes service, parts, labor, toner (s) and drum (s). The 60 month lease through IKON Office Solutions is per the Dade County School Board Contract, Number 302-V V 11. The funding for the cost of the first year lease price, $5,677.32, will be taken from the following accounts: 001-2117-521-44.30; and 001-2119-521-44.30. RECOMMENDATIONS: The Purchasing staff recommends the upgrade to the Canon NP6551 to IKON Office Solutions for a total cost of $28,386.60 with funding for cost of the first year to be taken from account number 001-2117-521-44.30 and 001-2119-521-44.30. ATTACHMENTS: Memorandum 11/11/98 Budget Transfer 11/10/98 Quote 11/06/98 cc: Jacklyn Rooney, Purchasing Supervisor ~' David Junghans, Administrative Servicesq.')irector DELRAY BEACH Delray Beach Police Department AII-AmedcaCity (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: David T. Harden, City Mana! tr '\ FROM: David Junghans, Dire~ -'~'~ Administrative Services~. ~ DATE: November 11, 1998 SUBJECT: COPIER UpOR~DE Presently, District 2 is leasing a Canon NP4050 copier from IKON Business Solutions. The copier is 2 years old and has almost a half million copies. We have consistently exceeded the copy limitations of the contract; therefore, the upgrade is necessary. Provisions have been made in the 1998/99 budget to upgrade this machine. IKON advises that we can upgrade to a Canon NP 6551 for $473.11 per month, which includes lease maintenance, toner, and drum replacement. It also allows a total of 50,000 copies each month. Due to these facts, we wish City Commission approval to go ahead with the upgrade lease. Your assistance is appreciated. gb cc: Major Schroeder 11/06;/98 FRI 13:59 FAX 56.1' 689 7933 IKON ADMIN ~002 November 6, 1998 City of Delray Beach !00 NW First Ave_ Delray Beach, FL 33444 Purchasing Depamnent Attn: Jackie To Whom It May Concern: IKON Office Solutions has been awarded several copier classes on the Dadc County School Board Bid #302-VVI 1_ IKON Office Solutions is extending thc Class Four, 60 month lease for the Canon 6551 copier unit to the city of Delray Beach Purchasing Department_ The City of Delray Beach Police Department has elected to go with the Canon 6551 on the 60 month plan. The monthly cost for this equipment, includfllg service for 50,000 copies per month - all parts, labor, toner and drum - is $473.11. The overage per copy cost will be ONLY $.00631copy. Sincerely. , / 7 ~ Ketmeth Morrissey ) Major Account Ex~utive ..-'"'- IKON Office Soluti.on_~ ..... '~" 561-689-6500 ext.7288 ......... ' li)0~/95 Fill 14:00 FAX 50r 689 7933 IKON ADMIN .~. 003 b ACQUISITION INFORMATION Lease Buyout Amount (a~=~ ~o,=, ~g~,~) $ / ~_! ~ ~ ~ s Annuallmputed Interest Rate % ~_ ~ makel~el, (a s~nd ~ r~ui~ ~ ~et~ ~b), ~ Ia W~a~r, ~, (~i~ ~es TRial sta~p supplies ex~ pa~r), m~val ~a~es, a~ user ~- ~on31 av~ ~fl~s ~d p~ ~y ~ p~M~ on a s~rate sh~t the~ ~e~ ~11 not ~ ~nS~ered in the REQUIRED MINIMUM SPECIFICATIONS CRC's Re~mmended Monthly Copying Volume 50,000 ~pies Multi~py S~ed (leffer) 50 ~m Paper Capa~y 1,000 sheets Bypass Capa~ 50 sheets Maximum Odginal Size 11' x 17' Maximum Copy S~e 11' x 17" Automatic Duplex I Capaci~ auto 1:2, 2:2. 2:1 1 50 sheets F~der S~d I Capad~ 50 cpm 1 50 sheets Stapler So~er Bins I Sheet Capa~ ! Stapl~ Capad~* 20 bins 150 sh~ts ! 25 sheets Finisher Sheet Capad~ / Staple~tit~ Capacity' 1.000 sheets 125 sheets Preset Reduction iegal-le~er / ledger-le~er Preset Enlargement lefferqegal I le~er-ledger Vadable Redu~ion and Enlargement ~tatedrequir~a~ve. ' C~ier must ~ e~u;p~d ~th either a soAer or flnis~r meeti~ the ~n~um s~tmns a~ I L~/ SUPPLIES _ I~M* '"'CONTAIN~ S~E I ~PE '~ COST YIELD , ~PLE: TONER 80~ ~TRIDGE .... $64.63 20,~ COPIES Developer $ _ _ ~p~eS Ca~ddge $ copies Toner Wa~e Container $ copies Other $ copies ~ % ~ Maximum annual pd~ in'ease for above listed S~ppty items ' L~t all supplies a~d paRS. ~d~ing pa~r. that are ~ui~ to keep ~ ~p~r fully operab~ end are not.indud~ in SERVICE Cost Per Copy Charge (For All Co_p?s)- $ ~;). ~_~_ .~ ~_j3.0_O_~;n.r Warranty Period Maximum Annual Price Increase For Above Listed Service Items ~ % Manufacturer's Recommended Monthly Volume ?~ copies Mean Copies Between Service x/O,_~O(J copies National Mean Copies Between Service _ ,(/__~)~ ~00 copies AGENDA REQUEST Agenda Item No. ~'' Date: November 13, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 17, 1998 Description of item (who, what, where, how much): Staff requests Commission award a purchase order to Molloy Bros. Inc. for the emergency replacement of a drainage out-fall pipe on Dogwood Drive in the total amount of $16,900.00. The project generally consists of mobilization; clearing, grubbing, removal of existing pipe and removal of a concrete slab; installation of 120' of 15" H.D.P.E.; connection to the existing inlet and seawall; and restoration to replace the sod only.. Funding is from Account #448-54~1-538.63-90, Storm Water other improvements. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of purchase order to Molloy Bros. Inc in the amount of $16,900.00. Department head signature: (,~~ ~~ [l~[~-~'~ Determination of Consistency with Comprehensive Plan: City Attorney Review'Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of ds): ~ Funding available:~¢YE~NO Funding alternative's-~' (if applicable) __ Account No. & Description~.- ~- ~.iD%-qb ~~ ~4DC~J~~ Account Balance \~.q{~) ~0~~ ~~ ~~'~ ~~ ~~ ' City Manager Review: ~2~ ~.~ q~%~-~%~.%%-0% Approved for agenda: ~/NO ~ ~ Hold Until: ~ ~ ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s: \EngAdmin\Proj ects\ 97 \ 97-005\OFFICIAL\AG102098. DOC City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Dan Beatty, P.E. '~._~ ublic Utilities Deputy Director DATE: November 12, 1998 SUBJECT: Dogwood Drive Drainage Outfall Replacement (Project 99-021) Emergency Pipe Replacement Attached for Commission approval is an agenda request for award of a Purchase Order to Molloy Brothers, Inc.. This P.O. encompasses emergency replacement of approximately 120 L.F. of drainage pipe with 15" high-density polyethylene pipe. The project is located between 941 and 945 Dogwood Drive (see attached location map). The existing pipe has deteriorated to such a degree that a wash out has formed adjacent to the road. Additionally there are several utility appurtenances within close proximity to the wash out, i.e. Cable TV riser, electric service box and water meters. The proposed work area is located within a 10' drainage easement between the two residences. A concrete slab has recently been constructed within the easement without a permit and will have to be removed to facilitate installation of the new pipe. Three proposals were solicited and received for this work. Molloy Brothers, Inc. was Iow at $16,900.00; followed by, Intercounty Foundation at $44,500.00; and Telcon, Inc. at $105,900.00. Prices include mobilization; clearing, grubbing, removal of existing pipe and removal of the concrete slab; installation of 120' of 15" H.D.P.E.; connection to the existing inlet and seawall; and restoration to replace the sod only. Funding source is from #448-54~1-538.63-90 (storm water, other improvements) budget transfer is attached. cc: Richard C. Hasko, P.E., Director of Environmental Services Robert Barcinski, Asst. City Manager Howard Wight, Deputy Director of Construction C:\My Documents\dogwood. mem. doc a':llN30 gL Od g2; ~)NlddOl-I~ PROPOSAL FOR DOGWOOD DRIVE D~$CRT~T~ON liST. QTY. UNIT P~CE TOT~,L PRICE ]1 '1 ~/l.q_~, 8S:5~ .qS~97278B~ IN~ERCOUNTY FOUND PAGE 02 PROPOSAL FOR DOGWOOD DRIVE IqOU-12-1999_ i~:, .,~0 '~EL. COI'.~ INC. · "'"' ........ ': ........ PROPOSAL FOR DOGWOOD DRIVE TOTRL P.02 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS M All lNG .MIDRI NS '1 It[ ~)&RI), COUNCIl.. COM MISSION. lljl HORll~ OR COMMI1] EE ON ~'HICH I SERVE IS A UN11 O/: NAME OF ~I.ITICAi. SUBDIVISION: IIA1E O~ WHICH [OIF II'CIRREI) MY gll'lON I~: ~ ~~ ~ I ~ / ~ ~ ~ ~ ~LE~IVE D AP~INTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at Ihe county. ,.'its', or other local level ofgovernmem on an appointed or elected board. council, commission, authorit); or committee, h applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of inleresl under Section ] 12.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interesl will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.$14~, FLORIDA ITATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal {other than a government agency) by whom he is retained. in either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WlTFIIN I$ DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal {other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt 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 ~orm ~n- ~m pnc,~ 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 the form and file it within 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 to my special private gain; or (b) The measure before my agency and the nature of my interest in the measure is as follows: Date 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 #B- 1.91 PAGE TO: DAVID T. HARDEN, CITY MANAGER ~ ' FROM: SCOTT D. PAPE, SENIOR PLANNER ~ SUBJECT: MEETING OF NOVEMBER 17, 1998 WAIVER TO ALLOW OUTDOOR DISPLAY OF BOATS FOR DEI. RAY KAWASAKI The action requested of the City Commission is that of approval of a waiver to LDR Section 4.4.10 (G)(5)(a) to allow the outdoor display of boats for Delray Kawasaki. The subject property is located on the west side of North Federal Highway, approximately 164 feet north of Allen Avenue, within the AC (Automotive Commercial) zoning district (1900 N. Federal Hwy.). The subject property was formerly the site of Dee-Car Patio Factory Outlet and Miller Dodge. The development proposal is to establish a Kawasaki dealership in order to sell and repair motorcycles, all terrain vehicles, personal watercraft (waverunners, jet skis), and small boats. The City Commission approved a rezoning request and conditional use approval for Delray Kawasaki at their meeting of October 6, 1998. Required Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body 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 grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The outdoor display of boats should not have an adverse impact on the surrounding neighborhood. The issue concerns limiting the quantity and size of boats that may be displayed outdoors in order to eliminate potential nuisance created by this outdoor display. The applicant has indicated that boat sales will be a small percentage of gross sales. Consequently, staff has recommended a "cap" on the number of boats that may be displayed outdoors to ensure that boats not become the dominant outdoor display. Furthermore, the applicant has indicated that the boats displayed outdoors will have a maximum length of 20 feet. These boats generally range from two to four seats and are designed as a personal recreational watercraft. The applicant has requested a waiver to allow the outdoor display of six (6) such boats. City Commission Documentation Meeting of November 17, 1998 Waiver for Delray Kawasaki - Outdoor Display Page 2 The approval or denial of a waiver to allow outdoor display of boats will have no affect on the delivery of public services. Furthermore, the outdoor display of boats will have no affect on public facilities and will not create an unsafe situation. Fire and police services will have adequate access to the site despite the outdoor display of boats. The applicant has indicated that the boats will be placed indoors every evening for security purposes. There are no records of a request for the display of boats other than with a marina. In terms of special privileges, staff would support a waiver to display a limited boats of this size outdoors for another property within the City if similar circumstances were present. Consequently, the applicant would not be granted a special privilege provided that the same circumstances were present for other properties. The site plan modification for Delray Kawasaki was approved by SPRAB at their meeting on November 4, 1998 subject to approval of the waiver by the City Commission. The applicant requested a waiver to allow the outdoor display of boats, which will not exceed 20' in length at the site. The waiver request did not include any limitation on the number of boats that could be displayed on the site. Therefore, staff recommended that the display be limited to a maximum of three (3) boats. At the Board meeting, the applicant requested that a maximum of six (6) boats be permitted to be displayed. After lengthy discussion, the Board felt that the outdoor display of six (6) boats would be acceptable since the Iow profile of the proposed boats would not visually dominate the subject property. The Board then voted 5-0 (Shutt absent) to recommend to the City Commissionapproval of the waiver with the condition that the outdoor display be limited to six (6) boats with a maximum length of 20 feet. A. Continue with direction. B. Approve a waiver to LDR Section 4.4.10 (G)(5)(a), to allow the outdoor display of a maximum of three (3) boats no longer than 20' based on a positive finding with LDR Section 2.4.7(B)(5). C. Approve a waiver to LDR Section 4.4.10 (G)(5)(a), to allow the outdoor display of a maximum of six (6) boats no longer than 20' based on a positive finding with LDR Section 2.4.7(B)(5). D. Deny the waiver request based upon a failure to make a positive finding with respect to LDR Section 2.4.5(B)(5). Approve the waiver to LDR Section 4.4.10 (G)(5)(a), to allow the outdoor display of six (6) boats no longer than 20 feet based on a positive finding with LDR Section 2.4.7(B)(5). Attachment: Site Plan Sp/ccwaivkawasaki October 21, 1998 City of Delray Beach Plmming and Zoning Department 100 N.W. 1St Avenue Delray Beach, Florida Att: Scott Pape, Senior Planner Re: WAIVER REQUEST- DISPLAS' OF "JET" BOATS Delray Kawasaki Class V Site Plan Application Premises: 1900 N. Federal l lighwa,' (tlw "Site") Dear Mr. Pape: Consistent with the recommendation of the Staff of the Plamm~g and Zoning Department for the City of Delray Beach, we are requesting a waiver for the right to display "jet" boats at premises at the designated Site display areas. "Jet" boats are similar to "jet" skis in length and in function. Jet boats do not have outboard type motors and do not.exceed twenty feet in length. There is no exterior engines and function much the same way as jet ski's. A brochure with the specifications of "Jet Boats" is annexed hereto. The jet ski watercraft industry has recently expanded its product line to include "jet" boats. Each registered dealer of jet ski's similar td the Kawasaki dealership is required to offer jet boats as part of their product line. Unlike most boats they are designed to be transported and used in the same manner as jet ski's. In order to maintain their product line, l)elray Kawasaki is required to purchase and display jet boats as being a dealership. (See pertinent portions of l)ealership Agreement annexed hereto) Accordingly, although jet boat only constitute 1('~ of its current sales display of the jet boats is essential to maintaining the dealership status and therefore, substantial hardship would occur land possible loss of dealership if Delray Kawasaki was restricted from displaying jet boats on the Site. Furthem~ore, given their smaller size and width they are not traditional size boats and the Site could be restricted to the display of "Jet Boats" only. \'eh' truly yourS;--, Ib\T ('A RItON E General Partner PMC/nlb ... Encls. Check for ~aiver Fees MEMORANDUM TO: Robert A. Barcinski, Assistant City Manager Harty, City Clerk~ FROM: Alison SUBJECT: Temporary Use And Hold Harmless Aqreement/Trolle¥ DATE: November 18, 1998 Attached are three (3) copies of the trolley agreement which was approved by the City Commission on November 17th. Please have these agreements executed by the appropriate individual on behalf of ERdb Inc. d/b/a Erny's. When completed, kindly return the three originals to my office for sign-off by the City Attorney and execution by the Mayor and Clerk. If you have any questions, please let me know. AMH/m Attachments cc: Nilza Madden, Executive Assistant £1T¥ OF DELRI:I¥ BEfl£H 100 N.W. 1st AV[NU[ · D[LRAY B[ACH, [LORIDA33444 · (5{51) 243-7000 AII-AmericaCity David T. Harden 1993 City Manager FROM: ~t~Robert A. Barcinski Assistant City Manager DATE: November 12, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER '17, '1998 APPROVAL TEMPORARY USE AND HOLD HARMLESS AGREEMENT/TROLLEY SERVICES ACTION City Commission is requested to approve Temporary Use and Hold Harmless Agreement with ERDB, Inc. D/B/A Erny's to provide public trolley service for a period of six (6) months in the downtown corridor. ~ACKGROUND City staff and Marjorie Ferret have had discussion over the last few months with representatives of ERDB, Inc. and the South Florida Trolley Company, Inc. concerning trolley service in the downtown corridor. ERDB. Inc. has offered to pay for this service as a pilot program for six (6) months. ERDB, Inc. will pay for the service and offer it at no charge to the riders. Ridership records would be kept to determine utilization and if this is a service that would be needed. Hours of operation would be Wednesday and Thursday 5:00 p.m. to 10:00 p.m., Friday 4:00 p.m. to 11:00 p.m., Saturday 10:00 a.m. to 11:00 p.m., and Sunday 11:00 a.m. to 9:00 p.m. The trolley will operate on an approximate 30 minute schedule. The general route would be from City Hall to A-1-A basically along Atlantic Avenue with various stops. Staff has reviewed the route and stops and concur with the final proposal. Provisions are provided that enable the City Manager or his designee to change the route and stops as needed. The Parking Management Advisory Board reviewed this proposal at their 10/27/98 meeting and were in general agreement with the proposal. ERDB, Inc. will subcontract the service with South Florida Trolley Company, Inc. and will pay all expenses. Insurance and a hold harmless agreement would be provided per terms of the agreement. RECOMMENDATION Staff recommends consideration of approval of a Temporary Use and Hold Harmless Agreement with ERDB, Inc. D/B/A Emy's to operate a public trolley service for a period of six (6) months in the downtown corridor along Atlantic Avenue between City Hall and A-1-A. RAB/tas File:u:$weene¥/a~enda Do~:lll1298a.doc ~ Printedo~ Recycled Paper THE EFFORT ALWAYS MATTERS ~'. ~ . TEMPORARY USE AND HOLD HARMLESS AGREEMENT THIS AGREEMENT ("the Agreement") is made this ~ day of , 1998 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (the "City"), and ERdb Inc. d/b/a Erny's, a Florida corporation ("Operator"). WITTNESSETH: WHEREAS, OPERATOR has requested permission to operate a "trolley" service to transport passengers along Atlantic Avenue as a public transportation service; and WHEREAS, a "trolley" is a motorized vehicle which can carry as many as forty (40) passengers; and WHEREAS, the CITY desires to enter into this Agreement for a six-month trial period in order to evaluate the potential for continued trolley service along Atlantic Avenue; and WHEREAS, in order to operate along Atlantic Avenue, the CITY and OPERATOR desire to enter into this Agreement to outline the parties' duties and responsibilities as it relates to this trial period in accordance with the considerations set forth in these recitals. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Trolley Service. The CITY agrees to grant OPERATOR the right to temporarily operate a trolley service along Atlantic Avenue to transport passengers in trolleys. OPERATOR shall be limited to the use of two trolleys. The trolleys may operate during the hours from 5 p.m. to 10 p.m. Wednesday and Thursday, 4 p.m. to 11 p.m. Friday, 10 a.m. to 11 p.m. Saturday and 11 a.m. to 9 p.m. Sunday. The trolley may operate along Atlantic Avenue from State Road A-1-A on the east to City Hall on the west. OPERATOR shall meet with the City Manager or his designee to designate the route and stops. The City Manager or his designee may change the hours of operation, route, and stops at his discretion. The trolley will operate on an approximate 30 minute schedule. 3. Term and Renewal. The term of this Agreement shall be for six months from the date written above. OPERATOR may not provide trolleys during the 1999 Delray Affair, from and including April 9-11, 1999, or at other times that the CITY closes all or part of Atlantic Avenue unless authorized by the City Manager. 4. Termination. This Agreement may be revoked in writing by the CITY with or without cause at any time during this trial period by giving 30 days written notice to the OPERATOR. 5. Conditions of Trolley Use. OPERATOR agrees to comply with the following conditions during the term of this Agreement. A. All individuals who drive or direct the trolley, hereinafter referred to as "drivers" shall be eighteen (18) year of age and possess a valid Florida driver's license or chauffeur's license if required by state law. B. A driver shall not operate a trolley in such a manner that would jeopardize the safety of passengers transported therein or of the general public, or in such a manner that intentionally impedes vehicular traffic or creates a hazardous situation. C. A driver shall not park, stand or stop the trolley in a manner which violates any City ordinance or state law, or disrupts the flow of vehicular traffic on a public street, or in a manner which may impede the flow of pedestrian traffic. D. A driver shall not operate a trolley in disregard of any traffic-control devices. E. A driver shall not obstruct vehicular or pedestrian traffic by unnecessarily weaving or changing lanes of travel. F. A driver shall not operate a trolley in the wrong direction on a one-way street. G. A driver shall not operate a trolley in disregard of any applicable state traffic law. H. A driver shall not operate a trolley with more than the authorized number of passengers on board. I. A driver shall not solicit passengers for fares. J. A driver shall not drive abreast of another vehicle except when passing. K. A driver shall always drive to the right-hand side of the road or traffic lane. L. A driver shall always use hand or electric turning signals. M. A driver shall always yield to traffic in a lawful manner (where possible without danger and where lawful, drivers shall use loading zones and similar street features to allow other traffic to pass. N. A driver shall not drive or park on a sidewalk. O. Trolley advertising signage will be per the attached drawings and must be approved by the City Manager or his designee. P. Trolleys shall be licensed as required by the state of Florida and shall comply with any safety requirements of the state or local government. Q. The operator or their subcontractor will keep daily ridership records to include total daily ridership, number of riders picked up per stop, and the number of riders by hour of the day. R. OPERATOR shall conform to the requirements of the Americans with Disability Act (ADA). 6. Insurance. OPERATOR agrees to provide the CITY with a certificate of insurance, subject to the approval of the CITY'S Risk Manager, which evidences that OPERATOR is covered by general liability insurance for the trolley service, which is in force during this trial period and provides for 30 days notice to the CITY prior to cancellation, and that the City of Delray Beach is named as an additional insured on the certificate. Insurance requirements are as follows: · Commercial General Liability - $5,000,000 occurrence/aggregate · Automotive Liability Combined Single Limit - $1,000,000 · Workers Compensation and Employer's Liability - $500,000 each accident 7. Indemnification. OPERATOR shall indemnify, defend and save harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the term of this Agreement for any personal injury, loss of life and/or damage to property sustained by reason or as a result of the operation of the trolley service by OPERATOR, and their subcontractors, agents, employees, drivers, licensees, invitees, and members of the public generally, and from and against any claims, orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim at trial and appellate levels. In the event the CITY shall be made a party to any litigation commenced against OPERATOR or subcontractor or by OPERATOR against any third party, then OPERATOR and subcontractor shall protect and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 8. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 9. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To City: David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 To Operator: William Resnick 1010 E. Atlantic Avenue Delray Beach, FL 33483 10. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 11. Subcontractors. OPERATOR may subcontract the trolley service so long as OPERATOR requires that the subcontractor abide by all terms and conditions of this Agreement and includes all terms and conditions of this Agreement in OPERATOR'S agreement with subcontractor, including but not limited to the requirement that the subcontractor shall provide insurance and shall indemnify the CITY in accordance with Paragraph 7. The OPERATOR shall not be relieved of any responsibility or liability by using a subcontractor to perform the trolley service. 12. Assignment. This Agreement shall not be assigned unless the prior approval of the CITY is obtained, and consent to such assignment is in writing. The CITY'S consent shall not be unreasonably withheld. 13. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, their subcontractors and their respective heirs, successors, legal representatives, agents and permitted assigns. 14. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 15. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 16. City's Signature Required. This Agreement shall not be valid unless signed by the City's Mayor and City Clerk. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~ day of ,1998. Signed, Sealed and Delivered in the Presence of: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to Form: City Attorney STATE OF FLORIDA ) ) SS2 COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of ., 1998 by Jay Alperin, as Mayor of the City of Delray Beach, a Florida municipal corporation, on behalf of the corporation. Notary Public - State of Florida ERdb Inc. d/b/a Erny's By: Print Name: Title: (SEAL) STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this ~ day of , 1998 by , as ., a Florida corporation, on behalf of the corporation. Notary Public - State of Florida 6 £1TY OF I)ELAKIY BER£H DELRAY BEACH ~.ll-~ri~l~il~ City Manager 993 FROM: ~,~Robert A. Barcinski Assistant City Manager DATE: November 10, 1998 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 17, 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 December 10, 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 and from N.E. 2nd Avenue from Atlantic to just north of the entrance to Palm Beach Photographic; to provide staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages, and to allow the use of pedicabs during the event. BACKGROUND Attached is a request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is $8,000. City Commission capped the amount the City would pay for overtime at $7,500 for the last three (3) events. Actual overtime costs for October's event were $8,417. A copy of the certificate of insurance and hold harmless agreement are 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 approval for the use of pedicabs provided proper liability insurance is obtained. RAB/tas cc: Lt. Mark Davis Joe Weldon Hoyt Owens File:u:sw~eney/agenda Doc:l f lO98a.doc THE EFFORT ALWAYS MATTERS ~::~-C Printed o~ Recycled Paper Mr. Robert A. Barcinski, Assistant City manager City of Delray Beach 100 N.W. 1't Avenue Delray Beach, FL 33444 RE: AGENDA ITEM - FOR CITY COMMISSION MEETING SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, December 10, 1998 and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: - Swinton Avenue to 7th Avenue - South side of Atlantic from 7~h to just past the Blue Anchor Pub. - Railroad Way from Atlantic Avenue to N.E. 1s~ Street - N.E. 2nd 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. Your consideration and cooperation is very much appreciated. MARJORIE FERRER Downtown Coordinator /sk DELRAY B EACtt JOINT VENTURE · Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 407-279-1384 · Fax: 407-278-0555 atlantic aveB November 2, 1998 Robert A. Barcinski, Assistant City Manger City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM- CONSIDERATION OF PEDI-CABS FOR ART & JAZZ - DECEMBER 10, 1998 Dear Bob: The Joint Venture is requesting approval from the City Commission for the use of pedi- cabs dudng the Art & Jazz event of December 10, 1998 This request is to permit A1A Bike Rentals, Inc., to operate the pedi-cabs on a one time basis conditioned on the following: 1. That A1A Bike Rentals operates and takes responsibility for this operation. 2. That this approval is for this event only. 3. That the pedi-cab drivers are 18 years or older, with appropriate driver's license, and no traffic violation for the past two years. 4. That A1A Bike Rentals show proof of liability (on file with the City). The parameters for the pedi-cab operation will coincide with the street closures during Art & jazz which are from Swinton Avenue to 7th Avenue. The hours of closure are from 6:00 p.m. to 11:00 p.m. Your consideration of this request is appreciated. Sincerely, Downtown Coordinator /sk DELRAY BEACH JOINT VENTURE * Community Redevelopment Agency * Delray Beach Chamber of Commerce * Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 407-279-1384 · Fax: 407-278-0555 COW THI~ !$ TO t~r.]4qJlrY ~;fAT 'T~I FOI, ICI~:B OF ~N~ UE~D ~LOW HAVE ~N I~UED ~ THE ~SU~ ~MED A~CVE ~ ~E ~ ~nlOO W~~~ t ~r ~iqhtm City ~,~.; ~..~. ,~ .., i~~~'. ~ / ..... SPECIAL EVENT HOLD HARMLESS AGREEMENT The Downtown Delra¥ Beach Joint Venture in consideration of the payment of ten (10) (Name of Entity) dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property adsing from and in exchange for the Downtown Delra¥ Beach Joint Venture use of City facilities or (Name of Entity) property for the special event of Art and Jazz, * and hereby releases the City of (Name of Entity) Delray BeaCh, its agents and employees from all suits, actiOns and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of · Art and Jazz. (Name of Entity) · This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Downtown Delray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS420116. ART AND JAZZ (Name of Special Event) Witness Name (Please type or pdnt~e) Title ~/itne~s (Please type or print name) DELRAY L~EACII JOINT VENTURE ' Community Redevelopment Agency · Delray Beach Chamber of Commerence · Downtown Development Authority 64 S.E. Fifth Avenue, Dclray Beach, FL 33483 · Tel: 561-278-0424 · Fax: 561-278-0555 TO: DAVID T. HARDEN, CITY MANAGER THRU: DI~AI~OMI, I~GU,,F~Z,, DIRECTOR OF PL~~~ SUBJECT: MEETING OF NOVEMBER 17, 1998 APPROVAL OF A WAIVER TO LDR SECTION 4.1.4 (C), USE OF LOTS OF RECORD ASSOCIATED WITH THE NORTH BEACH THREE PLAT I The action requested of the City Commission is approval of a waiver to LDR Section 4.1.4 (C) which states that in residential zoning districts other than R-l-A, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record are under the same ownership at the time of passage or amendment of this ordinance, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. [Amd. Ord. 78-94 10/18/94] In September the Planning and Zoning Department received a plat application for the North Beach Three plat along with a waiver request from LDR Section 4.1.4 (C) for the property immediately to the south which is in the same ownership. The proposed plat incorporates the northern parcel along with an existing lot (Lot 5 Delray Beach Lots) to the west. The property owner of Lot 5 has both the northern and southern parcel under contract and is processing a plat for the northern parcel only, in order to expand his lot to the east (Lot 2) and create a new lot (lot 1) for future sale. The northern and southern parcels were created by metes and bounds descriptions in 1919 and 1921 and meet the minimum depth and size requirements. However, the southern parcel (unplatted) has a frontage of 71.67 (minimum 100 required) while the parcel immediately to the north (part of proposed plat) contains the required 100'. The southern parcel currently has a house on it while the northern parcel contained a house until 1962 at which time it was demolished. The applicant is requesting a waiver to not aggregate the southern parcel with the northern parcel (creating one lot with width of 171.67') based on the historic use of each parcel as separate lots. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make a finding that the granting of the waiver: (al 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, City Commission Documentation Request for a Waiver from LDR Section 4.1.4(C) North Beach Three Plat Page 2 (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The parcels have previously been developed with individual single family structures and there are a significant number of properties in the area with similar nonconforming characteristics. Both parcels, the southern as existing and the northern as proposed after platting, far exceed all other required dimensions as described below: Parcel 1 ( southern parcel) Required 110' 12,500 sq.ft. 100' Proposed 270' (avg.) 19,300 sq.ft. 70.83' LOT 1 (proposed)* Required 110' 12,500 sq.ft. 100' Proposed 384.64(avg.) 19,236 sq.ft. 100' LOT 2 (proposed)* Required 110' 12,500 sq.ft. 100' Proposed 237.24 (avg.) 23,724 sq.ft 100' *Existing parcel is being platted into two lots The applicant has provided an analysis of the immediate area having an R-1AAA zoning designation which notes that 47% of the existing lots are nonconforming with respect to the lot width. Granting the waiver would not adversely affect the neighboring area in that it would allow a historic development pattern that is prevalent throughout the area; nor would the waiver diminish the provision of public facilities or create an unsafe situation. Given similar circumstances a similar waiver would be supported for another applicant or owner. Therefore, the waiver request meets the required findings of Section 2.4.7(B)(5). By motion, approve the waiver to I_DR Section 4.1.4(C), based upon positive findin§s to Section 2.4.7(B). Attachments: · Letter of Request · LDR Section 4.1.4 (C) · Location maps file/s/reports/north three beach plat waiver ~----~- - ~ S ~*w*~ A~ENBED PLAT NO. 3 ;~',~.:~.~-~,%~%~% ,,~,,~ BOUNDARY SURVEY LAW OFFICE OF ] OGE Go 5ABER$ON, PoAo '7:70 S.E. 4th Avenue Telephone: (561) 272-8616 :.: Delray'Beach, FL 33483 September 4, 1998 Mr. Paul Dorling Acting Planning Director City of Delray Beach 1 O0 N.W. 1 st Ave. Delray Beach, Fl. 33444 Re: North Beach Three Plat Application Waiver Request LDR 4.1.4 (C) Dear Paul; We are hereby filing the above plat application as we discussed at our meeting of June 10, 1998. In addition we need a waiver as to lot frontage\width of an abutting lot in connection with the application. Please consider this letter formal application for the waiver. The property to be platted is located in the R1AAA zoning district which requires lots to be at least 12,500 sq. ft.. The lots shown in our plat drawing far exceed this requirement with Lot 1 being 19,232 sq. ft. and Lot 2 being 23,724 sq. ft.. Also, our lot width for both of these lots complies with the 100' frontage/width requirement. It is my client's intent to be able to construct a new single family home on this vacant Lot 1 shown on our plat. The waiver request pertains to the fact the Lot 1 shown on our plat abuts a' smaller l°t with an existing home on A1A (shown on the survey being filed with the plat application) which is owned by the same person that owns Lot 1. This smaller lot has 71.67' of frontage on A1A instead of the required 100', although the overall lot size is approximately 19,024 sq. ft. which far exceeds the required 12,500 sq. ft.. In code section 4.1.4 (C) there is the general requirement that where two abutting lots are in the same ownership and one lot is nonconforming in any respect that the two lots are supposed to be aggregated. If property is in the R- , lA district, however, it is exempted from this requirement for some reason. In any event Lot 1 shown on our plat and the abutting nonconforming lot have historically been used as two separate lots. In the booklet to which this Mr. Paul Dorling September 4, 1998 Page 2 letter is attached you will see two excerpts from what attorneys and title companies refer to as chains of title (showing a "chain" of property transactions with respect to a specific parcel). Parcel 1 in this chain is for the waiver lot and is referred to as 70.5" and Parcel 2 in the chain is for the lot that is the same as our Lot 1 on the enclosed plat which has 100' of frontage. - You will notice that the fourth entry on the parcel 1 chain shows a Warranty · Deed to Henry HighleY dated 6/23/1919 for the S. 7.0.5' of Lot 3. Therefore, our lot with 70.5 feet of frontage was created as a separate l°t aS far back as 1919. ¥ On the Parcel 2 chain you will see the first entry is a Warranty Deed dated ':i 11/24/1921 to Florence Scruggs and Laura McClain for the N. 100' of Lot 3. Hence the'separate 100' foot lot Was Created in 1921. Also, you will see in the enclosed aerial photographs that there were houses constrUcted on each of these lots. The house on the 70.5' lot still exists and the house on the 100' lot was demolished and/or destrOyed back in late 1962. The point being that these lots have a long historical use as Separate lots and we are' reeluestirlg that the city acknowledge and approve what by historical use has already been established. · : As you know there are many other lots in the beach area that were also created many years ago that don't strictly conform to today's lot size and i: configuration requirements. We are submitting in the booklet to which this .- letter is attached, a graphic that shows the large number of nonconforming lots in this area of the beach. The graphic could have also been extended south to include non conforming lots on Vista Del Mar. This area of the beach has developed into a quaint area of smaller sized properties with a unique mix of housing and is exactly the type of atmosphere that the City is trying to maintain to avoid the mansionization of the beach area. The aggregation requirement does not take into account the above type of considerations or allow any specific leeway, as it should, when as here, even though the abutting lot is only approximately 70.5' in width it is 276.30 in depth which exceeds the R1AAA depth requirement by 166.30'. This lot has a total square footage of approximately 19,024 sq. ft. which exceeds the R1AAA requirement by 6,524 square feet. In other words it is solely the configuration ~ In the conveyances in the chain of title the width is referred to as 70.5' the survey submitted with our plat shows that the width actually surveys out to 71.67'. Mr. Paul Dorling September 4, 1998 Page 3 of our square footage not the total amount thereof that is nonconforming. We are asking that the City recognize and approve by waiver this situation as an existing condition (non conforming frontage and lot width 71.67') and allow it to continue to exist as it has historically. Our new lots, shown on the enclosed plat, far exceed City requirements and in view of the fact that the abutting lot has historically been used as a separate single family property and far exceeds in overall depth and square footage the R1AAA requirements, we request the City's approval of our waiver request. If I can provide you with any further information please don't hesitate to contact me. Sincerely yours, Roger G. Saberson RWAY LN. R-l-AAA 127 LOTS ~ ~CONFORMING - 53% I iNONCONFORMiNG 47% I'~.---~r~'~. 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The right-of-way is unpaved, however contains water and sewer mains as well as utility services for Florida Power and Light. The abandonment area abuts a single family residence to the north and auto dealerships (Wallace Ford, Wallace Nissan and Wallace Dodge) and their attendant parking areas to the east, south and west. The right-of-way is currently used by the owner of the single family residence to access the rear of the property. Wallace Nissan Dealership to the south also uses the road to park automobiles and access the adjacent dealership parking area. It is noted that this access point is not approved as part of the dealership's plan and that several approved access driveways exist throughout the dealership site. At its meeting of July 20, 1998, the Planning and Zoning Board considered the request at a public hearing. At the meeting four citizens spoke on the abandonment, the applicant in support and Michael Weiner, John Weber and Dan Wilde representing Wallace Dodge, requested that the Board postpone the item as the application (survey) was incomplete. On a unanimous vote (7 to 0), the Board recommended approval, subject to the provision of a revised survey showing all existing utilities and the dedication of replacement easements to cover the existing utilities. The applicant has revised the survey and has addressed all technical comments. By motion, approve the abandonment of Queens Avenue and accept replacement easements to cover the existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: Resolution No. 70-98 Revised Survey P&Z Staff Report of July 20, 1998 ,~. ~. RESOLUTION NO. 70-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PART OF THE RIGHT-OF-WAY FOR QUEENS AVENUE AS SHOWN ON THE PLAT OF SANDS O'SEA, RECORDED IN PLAT BOOK 21 AT PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, REMAINING AFTER THE PARTIAL ABANDONMENT IN CITY OF DELRAY BEACH RESOLUTION NO. 42-93, RECORDED IN OFFICIAL RECORDS BOOK 8173 AT PAGE 659, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED FOR PUBLIC UTILITIES. WHEREAS, an application for abandonment of that part of the right-of-way for Queens Avenue as shown on the Plat of Sands O'Sea, recorded in Plat Book 21 at Page 27 of the Public Records of Palm Beach County, Florida, remaining after the partial abandonment in City of Delray Beach Resolution No. 42-93, recorded in Official Records Book 8173 at Page 659, Public Records of Palm Beach County, Florida, as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of that portion of said right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O) (3) (d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed this matter at a public hearing on July 20, 1998, and voted unanimously to recommend approval of the abandonment, based upon positive findings pursuant to LDR Section 2.4.6(0) (5), and subject to the condition that replacement easements be provided for public utilities; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0)(5) and subject to the acceptance of an easement deed for public utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, subject to acceptance of an easement deed for public utilities: See Exhibit "A" attached hereto and made a part hereof Section 2. That this abandonment of right-of-way described in Section 1 above shall not become effective and this resolution shall not be recorded in the Public Records of Palm Beach County, Florida, until an easement deed for public utilities has been accepted by the City Commission of the City of Delray Beach, Florida, and recorded in the Public Records of Palm Beach County, Florida. PASSED AND ADOPTED in regular session on this the 17th day of November, 1998. MAYOR ATTEST: City Clerk 2 - Res. No. 70-98 Exhibit 'A" to Resolution No. 70-98 ~°,A/~ -' ~,, NOTES: 1. - ..... INDICATES ORIGINAL QUEENS AVENUE RIGHT-OF-WAY LINE 2. INDICATES PROPOSED EASEMENT LINE 3. INDICATES PROPOSED EASEMENT CENTERLINE SKETCH OF PROPOSED QUEENS AVENUE RIGHT%OF-WAY ABANDONMENT LEGAL DESCRIPTION ATTACHED PREPARED BY: BURLISON A. GENTRY REGISTERED FLORIDA SURVEYOR AND MAPPER NO. 2580 GENTRY ENGINEERING & LAND SURVEYING, INC. P,O. BOX 243 DELRAY BEACH, FLORIDA 33444 (561) 272-1924 Exhibit "A" to Res. No. 70-98 Page 1 of 2 Exhibit "A" to Resolution No. 70-98 ROAD RIGHT-OF-WAY DESCRIPTION FOR PROPOSED ABANDONMENT OF QUEENS AVENUE That part of the right-of-way for Queens Avenue as shown on the Plat of Sands O'Sea, a subdivision as recorded in Plat Book 21, Page 27, in the public records of Palm Beach County, Florida. remaining after the partial abandonment in City of Delray Beach Resolution No. 42-93, recorded in O.R.B. 8173, Page 659, in the public records of Palm Beach County, Florida, described as follows; Beginning at the Southwest corner of Lot 1 of said Plat of Sands O'Sea: thence run N 89 41'38" E along the south l~ne of said Lot 1, a distance of 85.85 feet to the point of the previous abandonment and the current end of said Queens Avenue: thence run S 0 18'22" E along said previous abandonment, a distance of 50.00 feet to the southerly right-of-way line of said Queens Avenue and the point of the previous abandonment; thence run S 89 41'38" W along said southerly right-of-way line of Queens Avenue, a distance of 109.07 feet to the northwest corner of Lot 21 of said Plat of Sands O'Sea and a point on the Platted right-of-way line of Germantown Road: thence run N 24 36'15" E along said right-of-way line of Germantown Road, a distance of 55.13 feet (55.09 feet Plat) to the point of beginning, The abandonment herein described shall not include the abandonment of the re-alignment of Germantown Road as described in O.R.B. 5175, Pages 674-676, O.R.B. 5175, Pages 677-679 and O.R.B. 5194, Pages 1468-1470, as recorded in the public records of Palm Beach County, Florida. Th~s Description Prepared ~y: l ) - "~te:~- May 10, 1998 Exhibit "A" to Res. No. 70-98 Page 2 of 2 Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this _.~ day of ~, 1998, by and between ~ 'gt~lr, a,g~_ ,withamailingaddressof ta~ ~, x,~lao; -Dr 3'~air&~a-~ch~-L ~ rparty of'the first part, and the CITY OF DELRAY BEACHfwith a mailing addre~'s ~f 1~)0 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said part3' of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach Cotmty, Florida, to-wit: See Exhibit "A' ,.4AI.~ ~xn, b,.e ~" Concomitant and coextensive with this right is the further right in the party of the second part3', its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release o1' any m~d all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the Successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. W~~ ~.14.. PARTY OF THE FIRST PART (name printed or typed) rri~t'~a~4]'J~'~7-r~'~ ~ESS ~2: (nme printed or typed) STATE OF FLO~DA The foregoing instrument was ac~owledged before me ~is ~ day of ~V ~ , 1998 by ~r~ ~4ri ~*~% (name of officer or agent, title of officer or agent) of IX~~ ~ll ~ ~', ~l'm~h'- ~' (name of co~oration ac~owledging), a (state or place of inco~oration) co~oration, on behalf of the co~oration, lie/She is personally ~own to me or has produced ~ L. ~{mrj Ll'~ (type of identification) as identification and ~ (did not) take an ~. 'Signature of Nomu ~blic - State I or~lCmk N~Y StAL I of Florida ~RK W H~N N~AR~ ~BLIC STA~ OF FLORIDA[ MYCOMMIS~OS. E~P C~q 25 ,c~ [ EASM~T.DED EXHIBIT "A" LEGAL DESCRIPTION FOR A EASEMENT WITHIN THE RIGHT-OF-WAY OF QUEENS AVENUE BEING ABANDONED FROM WALLACE DRIVE ( OLD GERMANTOWN ROAD ) TO THE CURRENT END OF SAID QUEENS AVENUE AS DESCRIBED IN CITY OF DELRAY BEACH RESOLUTION 42-93. q-ne city of Delray Beach reserves a 12' easement which runs through the existing right-of-way of Queens Avenue, as shown on the plat of Sands O'Sea, a subdivision as recorded in Plat Book 21, Page 27, in the public records of Palm Beach County, Florida and running west from the previously vacated right-of-way of said Queens Avenue as described in the city of Delray Beach Resolution 42-93 and recorded in O.R.B. 8172, Page 659 and 660, in the public records of Palm Beach County, Florida, said easement shall align with the existing easement as shown on the plat of Wallace Dodge Replat, a subdivision as recorded in Plat Book 74, Page 9 and 10, in the public records of Palm Beach County, Florida. said easement being more particularly described as follows: The centerline of the new 12 foot easement shall run parallel with and 10 feet south of the platted north right-of-way line of said Queens Avenue, between the prevffously vacated right-of-way of said Queens Avenue and the easterly right-of-way l~ne of Wallace Drive ( Old Germantown Road ). Prepared by: Burlison A. Gentry Registered Florida Surveyor and Mapper No 2580 EXHIBIT "B" LEGAL DESCRIPTION FOR A EASEMENT WITHIN THE RIGHT-OF-WAY OF QUEENS AVENUE BEING ABANDONED FROM WALLACE DRIVE ( OLD GERMANTOWN ROAD ) TO THE CURRENT END OF OF SAID QUEENS AVENUE AS DESCRIBED IN CITY OF DELRAY BEACH RESOLUTION 42-93. The city of Delray Beach reserves a 12' easement through the existing right-of-way of Queens Avenue, as shown on the plat of Sands O'Sea, a subdivision as recorded in Plat Book 21, Page 27, in the public records of Palm beach County, Florida, said easement more particularly described as follows: Commencing at the northwest corner of the plat of Bill Wallace Nissan, a subdivision as recorded in Plat Book 56, Page 91, in the public records of Palm Beach County, Florida; thence run N 89 41'38"E along the southerly right-of-way line of said Queens Avenue a distance of 17.95' to the point of beginning of the centerline of the herein described easement; thence run N 59 33'17"W along said centerline to the easterly right-of-way line of Wallace Drive ( Germantown Road ) and the end of said easement. Prepared by: Burlison A. Gentry Registered Florida Surveyor and Mapper No. 2580 EXHIBIT "C" LEGAL DESCRIPTION FOR A FLORIDA POWER AND LIGHT EASEMENT FOR EXISTING SERVICE, WITHIN THE RIGHT- OF-WAY OF QUEENS AVENUE BEING ABANDONED FROM WALLACE DRIVE ( OLD GERMANTOWN ROAD ) TO THE CURRENT END OF SAID QUEENS AVENUE AS DESCRIBED IN CITY OF DELRAY BEACH RESOLUTION 42-93. The City of Delray Beach reserves a 10' easement through the existing right-of-way of Queens Avenue, as shown on the Plat of Sands O'Sea, a subdivision as recorded in Plat Book 21, Page 27, in the public records of Palm Beach County, Florida, said easement more particularly described as follows: Commencing at the northwest corner of the Plat of Bill Wallace Nissan, a subdivision as recorded in Plat Book 56, Page 91, in the public records of Palm Beach County, Florida: thence run N 89 41'38" E along the southerly right-of-way line of said Queens Avenue, a dSstance of 17.37 feet to the point of beginning of the centerllne of the herein described easement: thence run N 23 04'06" E along said centerline a distance of 54.47 feet to the end of said centerline and a point on the northerly right-of-way of said Queens Avenue, as Platted. Prepared by: Burlison A. Gentry Registered Florida Surveyor and Mapper No. 2560 MEETING DATE: July 20, 1998 AGENDA ITEM: V.F. ITEM: Abandonment of Queens Avenue, Located on the East Side of Wallace Drive, North of Linton Boulevard. I / ~-~--~ I~1 I IW III ~'-~~1 GENERAL DATA: Owner/Applicant ................... Dora Castillo Rodriguez Location ............................... East side of Wallace Drive, north of Linton Boulevard Property Size ........................ 0.098 Acre Existing Future Land Use Map Designation .................. General Commercial Current Zoning ..................... AC (Automotive Commercial) Adjacent Zonings ........ North: AC East: AC South: AC West: AC Existing Land Use ................ Unimproved right-of-way Proposed Land Use ............. Abandonment of the 50' unimproved right-of-way to construct a driveway/parking area on the south side of existing single family residence to park vehicles. Water Service ....................... n/a Sewer Service ...................... n/a II The item before the Board is that of making a recommendation to the City Commission on a proposed abandonment of the remaining portion of the Queens Avenue right-of-way. The subject right-of-way is located on the east side of Wallace Drive and north of Linton Boulevard. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. Queens Avenue was dedicated with the recordation of the Sands O' Sea Subdivision in 1946. On October 24, 1989 the City Commission considered a site plan for Wallace Dodge dealership which included the abandonment of 744' of Queens Avenue. At its meeting of October 16, 1989 the Planning and Zoning Board recommended approval of the abandonment subject to a replat of the Wallace holdings. A plat was not submitted to the City Commission therefore the abandonment was never consummated. In 1992 a site plan was submitted for the expansion of the Wallace Dealership. At its meeting of January 27, 1993 the Site Plan Review and Appearance Board approved the site plan subject to the approval of the abandonment of Queens Avenue and processing of a plat. At its meeting of May 11, 1993 the City Commission approved the plat for Wallace Dodge and the abandonment of a portion of Queens Avenue (50' x 744') through the adoption of Resolution 42-93. The remaining 85.85' of Queens Avenue was not abandoned at that time as the consent of the adjacent property owner (current applicant) could not be obtained. The abandonment of the remaining portion of Queens Avenue is now before the Board. The area proposed for abandonment is a 50' x 85.85' portion of Queens Avenue, which contains a shellrock dirt road. The property owner to the north has requested the abandonment to construct a driveway/parking area on the side of her single family home to park her vehicle. The right-of-way is currently used by the applicant to access the rear of her property. Wallace Nissan Dealership to the south also uses the road to park automobiles and access the adjacent dealership parking area. It is noted that this access point is not approved as part of the dealership's plan and that several approved access driveways exist throughout the dealership site. Planning and Zoning Board Staff Report Queens Avenue Abandonment Page 2 A chain link fence surrounding the single family home encroaches into the right-of- way approximately 1'. In the event the right-of-way is abandoned this fence would then be located on the applicant's property. The subject right-of-way is a shellrock dirt road with an area of 4,292.5 sq. ft. (50' x 85.85'), and represents an equal dedication from lots to the north and south. Pursuant to LDR Section 2.4.6(O)(1), public property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels when abandoned. The right-of-way will be divided between the property owner immediately to the north and Wallace Nissan Dealership to the south, with 25' going to each. The abandonment area abuts a single family residence to the north on property zoned AC (Automotive Commercial); and auto dealerships (Wallace Ford, Wallace Nissan, and Wallace Dodge) and their attendant parking areas to the east, south and west on properties zoned AC (Automotive Commercial). Environmental Services and Fire De_~artments The City's Fire Department has reviewed the request and has no obic, ntion to the abandonment. The Environmental Services Department has indicated that it has no objection to the right-of-way abandonment subject to the provision of 12' replacement easements (including sketch and description) over existing water and sewer utilities. The survey does not show these utilities and must be revised to reflect these existing services. Provision of replacement easements, attendant sketch and descriptions, and a revised survey locating water and sewer services are attached as conditions of approval. Utility_ Com_~anies The Florida Public Utilities Company and Adelphia Cable have reviewed the request and have no objection as there are no underground gas lines or cable services within this right-of-way. The survey the applicant submitted does not show overhead power lines traversing the subject right-of-way which provide services to the single family residence. These power lines are connected to an existing east/west transmission power line that may be within the right-of-way. This east/west power line does not appear in the submitted survey, but was identified as being within this right-of-way on a previous survey of Queens Avenue. Florida Power and Light has indicated it has services on this east/west line, and if this power line is located within the subject right- of-way a replacement easement covering FP&L and any other utility services must be provided. BellSouth has not responded to the abandonment application, but in the event phone service exists within this right-of-way a replacement easement will be Planning and Zoning Board Staff Report Queens Avenue Abandonment Page 3 provided. As previously noted, provision of a revised survey showing all existing utility services within this right-of-way, and verifying the location of the east/west transmission power line are attached as conditions of approval. Pursuant to LDR Section 2.4.6(O)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. The remaining section of Queens Avenue is unimproved and not used for public access, nor are there plans for its improvement. The majority of Queens Avenue right-of-way was abandoned in 1993 to accommodate the expansion of the Wallace Auto Dealership immediately to the east and south. Replacement easements will be required to cover existing water and sewer utilities and overhead power lines. B) That the abandonment does not, nor will not, prevent access to a lot of record. The abandonment of this right-of-way will not prevent access to a lot of record as the right-of-way abuts a single family home having access to Wallace Drive, and Wallace Dealerships having access from Linton Boulevard, Wallace Drive, and S.W. 10th Avenue. The abandonment will enhance access to the single family home by providing vehicular access to the rear of the property via the north 25' of the abandonment area. C) That the abandonment will not result in detriment to the provision of access and/or of utility services to adjacent properties or the general area. The abandonment of Queens Avenue will not result in the detriment to the provision of utility services to adjacent properties as replacement easements will be required to cover any existing services within the right-of-way. As the subject right-of-way is unimproved (without a roadway), short in length (85.85') and there are no plans for its improvement, its intended use is limited. A single family home is located to the north of the abandonment area and the homeowner is requesting the abandonment to accommodate the construction of a driveway/parking area that will allow cars to enter onto Wallace Drive more safely. Replacement Plar~ning and Zoning Board Staff Report Queens Avenue Abandonment Page 4 easements with attendant sketches and a revised survey showing all existing utilities within Queens Avenue must be provided. I 1. Continue with direction. 2. Recommend approval of the abandonment based upon positive findings with respect to LDR Section 2.4.6(O)(5), pursuant to the following conditions: a) Provide revised survey showing all existing utilities within the subject right-of- way, including the east/west transmission power line. b) Provide 12' replacement easements with attendant sketches for existing water and sewer utilities and any other existing services within the abandonment area. 3. Recommend denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend approval of the abandonment of the remaining portion of Queens Avenue, with the following conditions: 1. Provide revised survey showing all existing utilities within the subject right-of-way, including the east/west transmission power line. 2. Provide 12' replacement easements with attendant sketches for existing water and sewer utilities and any other existing services within the abandonment area. Attachments: E3 Location Map O Survey O Letter of Objection filename:u:\grahamc~pzrep\queensab.doc PARK TEN I PARK TEN PARK TEN I 1ST ADD. 2ND ADD. S.W. 11TH ST. PARK TEN ~ 2ND ADD. POINSETTIA LIN TON THE CENTRE GR 0 VE $ i GEORGIA STREET MILFRED STREET/ WALLA CE WALLA CE SOU THRIDGE FORD DODGE VILLA GE WALLACE ~ CONDO NISSAN ( L I N T 0 N B 0 U L E V A R D LiNTON IN TERNA TIONAL PLAZA CIRCUIT ROSS CITY LAKEVIEW APAR TMEN TS TARGET BUILDERS SQUARE - ABANDONMENT - c:,?',' o*" D,'~.,.,,¥ ,,,E^c.. r~. QUEENS AVENUE PLANNING ,~' ZONING DEPARTblENT -- DIGIt"AZ ~,,~$E I~ $~rc~ -- MAP REF; LM247 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, PLANNING AND Z~'RECTO~~ FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNE~~_~_--.~ SUBJECT: MEETING OF NOVEMBER 17~ 1998 ****CONSENT AGENDA APPROVAL OF THE PROPOSAL RECEIVED FROM JANUS RESEARCH TO CONDUCT THE SURVEY FOR THE DELRAY HISTORIC STRUCTURES SURVEY PROJECT. On July 1, 1998 the City received a grant award from the Florida Department of State, Division of Historical Resources, in the amount of $10,000. This is a matching grant, with the City and the CRA each contributing $5,000, for a total of $20,000. The purpose of the grant is to produce a comprehensive survey of historic structures (50 years old or older) within the City's target area. A notice of the RFP was published in the Palm Beach Post on September 16, 1998; and was mailed to 112 potential bidders. Twenty bidders requested the RFP packet. Bids were opened on October 22, 1998 with only 2 respondents, GAl Consulting and Janus Research. On. November 10, 1998 the 2 proposals were evaluated by a committee consisting of the following: · Debora Turner, Chairman, Historic Preservation Board · Dorothy Patterson, Archivist, Delray Beach Historical Society · Christopher Brown, Executive Director of the CRA · Pat Cayce, City Staff The proposals were rated on a 100 point system. Janus Research received 100 points from each of the evaluators; GAl received an average of 86 points. The cost of the project from Janus Research is $19,900; and from GAl $19, 420. The preference for Janus research was based on the clarity and objectivity of the proposal; and on the qualifications of the personnel, including the knowledge and experience within the City and in Palm Beach County, of the two individuals with whom staff will be working. By motion, approve the firm of Janus Research to conduct the Historic Sites Survey. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF NOVEMBER 17, 1998 RECONSTRUCTION OF DRINKING WATER WELL #24 DATE: NOVEMBER 13, 1998 This is before the City Commission to consider approval of closeout Change Order #1 in the deduct amount of $27,064.87, and final payment in the amount of $20,434.13, to Jaffer Associates, Inc. for work performed under the Well #24 rehabilitation project. Change Order #1 reflects the scope of work not completed on the contract. The contract closeout is requested due to Jaffer's inability to achieve the production parameters outlined in the contract, and the important health and cost issues related to this well. A request is also made to award an emergency purchase order in the amount of $25,300.00 to Well Water Systems, Inc. to complete the scope of work deducted from Jaffer's contract. Well #24 is essential to obtaining a release from the County's Department of EnvirOnmental Resources Management (DERM) for the 20-Series Wellfield due to the Aero-Dri contamination. Additional details are provided in the attached memorandum from Environmental Services. The funding source for this project is 442-5178-536-63.97 (Raw Water Well #24 Rehabilitation). I recommend approval of closing out the contract with Jaffer Associates, Inc. and awarding to Well Water Systems, Inc. on an emergency basis for the reconstruction of Well #24. A separate motion should be made for each of these two actions. ref:agmemol6 Agenda Item No. AGENDA REQUEST Date: November 10, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: November 17, 1998 Description of item (who, what, where, how much): This is a request for the City Commission to approve deduct closeout Change Order #1,Final in the amount of -$27,064.87 to Jaffer Associates, Inc. for the Reconstruction of Drinking Water Well No. 24 (PN 98-36). Change Order No. 1 reflects the scope of work not completed on the Contract. Request is also made for final payment in the amount of $20,434.13 to Jaffer Associates, Inc. A request is also made to award a Emergency Purchase Order in the amount of $25,300.00 to Well Water Systems, Inc. to complete the scope of work deducted from Jaffer's Contract. This well is essential to obtaining release from PB County DERM for the 20-Series Wellfield due to the Aero-Dri contamination. The changes above are requested due to Jaffer's inability to achieve the production parameters outline in the Contract; and the important health and cost issues related to this well. Funding Source for the above is 442-5178-536-63.97 (Raw Water Well #24 Rehabilitation). Recommendation: Staff recommends approval of Change Order #1, Final and Final Payment to Jaffer Associates; and award of a Purchase Order to Well Water Systems, Inc. ~i ~ ~~ 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 (~ applicable).~0_ Account No. & Description~D o ._A~!~,~.~.~ ~ Account Balance ' ,] ' City Manager Review: _~. ~1 .. , Agenda Coordinat~--~[~v~-~YZ~? ~z~C~ ~J/~ 3 W~ J~/~ Placed on Agenda: /~ ~,~ ~ ~~ ~ Approved/Disapproved MEMORANDUM TO: David T. Harden City Manager FROM: Howard Wight /~ Dep Director Cons~/l'~mx.~ SUBJECT: Reconstruction of Drinking Water Well No. 24 (PN 98-36) Well Completion Agenda Item DATE: November 11, 1998 The City has a Contract with Jaffer Associates to rehabilitate Well No. 24 on SW 25th Ave. This is one of the twenty-series wells that were contaminated in the Aero-Dri incident. All of the wells are showing no contaminates at this time except for this one. It was the first well where contamination was noticed and is essential in obtaining a clearance release from PB County DERM. Getting clearance will permanently eliminate the need and expense of processing water supplied from the wellfield through the stripping towers at the Water Treatment Plant. We will be making the clearance request in January, 1999. Jaffer has been unable to achieve the production rate of 1,000 gpm in the specifications. Staff and our consultant, CH2MHilI, believe that several occurrences directly attributed to their means and methods caused these results. They include a collapse of the well formation at a depth of 120 fi; and the excessive amount of time that elapsed between the placement and removal of the drillers mud utilized to secure the borehole during placement of the well casing/screen and gravel pack. The Contract time for Jaffer expired on September 8, 1998. Their development efforts up to and after that date have yielded no improvement in the well. They are currently estimating a production of 950 gpm with an excessive drawdown (45') of the aquifer. Historically, this well was capable of producing a large volume of water with minimal drawdown. We feel we have given Jaffer every effort to complete their Contract. We met with Jaffer on-site to discuss proposed remedial measures. Based on this discussion and their lack of performance to date the consensus of staff is that we are not confident in their ability to successfully rehabilitate the well. For these reasons we are requesting Commission approval closeout of the Contract with Jaffer via a deduct Change Order for the scope of work remaining on the Contract. All materials purchased for the well will be delivered to the City and releases of lien for all the materials will be furnished. A Final Receipt (attached FR-1) will be furnished to the City. All of these conditions will be met prior to the release of the final payment to Jaffer. The amount of Change Order #1, Final will be a deduct of $27,064.87. Additionally, due to the importance of this well and its history we are requesting approval to award a Purchase Order on an emergency basis to Well Water Systems, Inc. to complete the rehabilitation. Well Water Systems successfully rehabilitated Well No. 25 adjacent to this well two years ago. They are familiar with the conditions and the desired production/drawdown (specific capacity). Upon completion of Well No. 25 a production rate of 1,000 gpm with a 6' drawdown was achieved. We met with Well Water Systems on-site to review the work to date by Jaffer and proposed remedial methods. Based on past performance and discussions on-site we are confident that they can successfully rehabilitate the well. A progressive jetting procedure will be completed initially for a cost of $4,800.00. If that fails they will remove the casing/screen/gravel pack; clean the borehole; and reinstall the casing/screen/gravel pack for a cost of $14,500.00. Upon successful completion of either/both processes, development of the well and specific capacity testing per the scope of work in Jaffers Contract will be completed (see attached). Finally, the wellhead and electrical will be reinstalled and the well placed back in service for a cost of $6,000.00. The total of the proposed Purchase Order to Well Water Systems is $25,300.00 per the attached proposal. If the initial jetting procedure is successful (we are optimistic that it will) and the screen does not have to be removed there will be a deduct of $14,500.00 upon completion. The only item not included is the new fence enclosure areound the well. Three quotes will be obtained by the City for this work and a separate Purchase Order will be issued issued. Summary Recap for the above is as follows: Jaffer Contract Original Contract $68,919.00 Less Deduct Change Order ($27,064.87) Final Contract Amount $41,854.13 Less amt paid previously ($21,420.00) Final amount due $20,434.13 Well Water Systems, Inc. Purchase Order Final Jaffer Contract Amount $41,854.13 Well Water Systems P.O. $25,300.00 Fence Enclosure (estimated) $ 3,000.00 Total Expenditures $70,154.13 Deduct for success ofjetting ($14,500.00) Net Expenditures $55,654.13 We feel the above scenario is the most viable alternative to resolve this situation and achieve the objectives of this Project at approximately the same as the original Contract amount with Jaffer. Funding source for the above is 442-5178-536-63.97 (Raw Water Well//24 Rehabilitation). CC: Dick Hasko Don Haley Susan Ruby Dave McNabb, CH2MHill file: 98-36A file: s/eng/eng/proj/9836/contract/agdmemo, doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 98-36 DATE: PROJECT TITLE: Reconstruction of Drinking Well #24 TO CONTRACTOR: Jaffer Associates, Ltd. 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: 1) Deletion of remaining work on Contract per attached Schedule of Values from Pay Requisition No. 2 dated 10/12/98. 2) Deliver all piping/pressure relief valve identified on Sheets 1-3 of the Contract documents to 434 S. Swinton Ave. 3) Furnish release of liens of all material suppliers to City prior to final payment. 4) Furnish executed Final Receipt (form FR-1) releasing City of any and all claims prior to final paymem. 5) City will waive all accrued liquidated damages. 6) City will not make a claim on the Contract Payment and Performance Bonds if all the terms and conditions above (14) are met. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 68,919.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 68,919.00 COST OF CONSTRUCTION CHANGES THIS ORDER - $ 27,064.87 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 41,854.13 PER CENT DECREASE THIS CHANGE ORDER -39.2% TOTAL PER CENT DECREASE TO DATE -39.2% 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. Jaffer Associates, Ltd (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 442-5178-536-63.97 (Raw Water Well #24 Rehabilitation) DEPARTMENT FUNDING CERTWIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Jay Alperin, Mayor ATTEST: APPROVED: By: City Attorney City Clerk CITY OF DELRAY BEACH RECONSTRUCTION OF DRINKING WATER WELL NO. 24, CITY PROJECT NO. 98-36 REQUISITION NO. 2 DATED: 10112/98 PREV. TOTAL TOTAL BILLED BALANCE TO ITEM DESC~N ~ ~ THIS REQ, TO DATE FINISH 1 Mobilization, Insumr~a, Bond~ & $12,300.00 $12,300.00 $0.00 $12,300.00 $0.00 Landscape (Inclu. Fence Removal) 2 Pull Riper & Screen $10,000.00' $10,000.00 $0.00 $10,000.00 $(3.00 3 Drill to 160' on Mud or Reverse Air $1,500.00 $1 ,,500.00 $43.00 $t ,500.00 $0.(30 4 Install Screen W/Rleer & Sump $31,469.00 $O.00 $22,704.59 $22,704.50 $8,764.41 (W/Gravel Pack) , 5 Develop Well $5,400.00 $0.00 $0.00 $0.00 $5,400.00 (36 Hours x $t50.00 p~h) 6 Pump Test $2,500.00 $0.(]0 $O.00 $0.00 $2,500.00 7 Install City Provided Pump $2,000.00 $0.00 $0.00 $0.00 $2,0D0.00 8 Install Wellhead, Pad, Pedestal & $2,500.00 $O.CO $0.(:]0 SO.IX) $2,500.00 Dlelnfect 9 Install Fence & Electrk~ $750.00 SO.00 $0.00 $(3.00 $750.00 10 Clean-Up & Demobilization $500.0D $0.00 $0.00 $0.00 $500.00 TOTALS: Se~,ele.oo $23,800,00 $22,]'04.u $4(I,~04.&9 $22,414.41 Total Contract Amount: $68,919.00 Total Amount Completed to Date: $46,r~i4.r~ 10% Retalnage: $4,6~4).4~ Subtotal: $41,864.13 Leu Previous Payments: $21,420.00 Total Amount Due Thll Req: $20,434.13 00002-1 ENVIRONMENTAL SERVICES DEPARTMENT SECTION SHT. 1 ~.~ so~r~ SlX~ON ~'vm,~u,.,-s, ]~m.,,w¥ ~, ~om~A ~ PROJECT 98-36 FIN,aL RECEIPT STATE OF FLORIDA COUNTY OF Palra Beach Eugene C. Friedlander being first duly swom, deposes and says as follows: 1. He/~lltis President of Jaffer Associates, LTD (Title) (Name of Corporation or Firm) a Florida corporation which is named in Construction Contract dated the 16th day of April , 19.98 , between said .corporation as the CONTRACTOR and the CITY OF DELRAY BEACH, FLORIDA (the CITY) as the OWNER for the construc- tion of: RECONSTRUCTION OF DRINKING WATER WELL/t24 CITY OF DELRAY BEACH PROJECT NO. 98-036 2. CONTRACTOR has fully completed all construction and work under the Con- tract and Title to all work, materials and equipment under the Contract passes to the CITY at the time of final payment, free and clear of all liens, and all labors, and material men and subcontrac- tors have been paid in full for performing or furnishing the work, labor or materials under the Contract. 3. Receipt by CONTRACTOR of the final payment from CITY in the amount $ 41.8~4.13 shall constitute a full release and discharge by CONTRACTOR to the CITY of all claims or liens of CONTRACTOR against OWNER arising out of, connected with, or resulting from performance of the Contract, including full payment for all extra work and ma- terial furnished by the undersigned in the construction of said improvements. 4. The undersigned further certifies that all non-exempt taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. FR-1 5. This statement under oath is given in compliance with Sections 713.05 and .06, Florida Statutes. Eugene C. Friedlander Affiant Contractor Signed and sealed in the presence of: Signature President Title Swom to and subscribed before me this day of ., 19 Notary Public State of Florida My Commission Expires: (SEAL) FR-2 WELL wATER sYSTEMS 941 26?0440 P- 17174 Jear Street Fort Myers, FL 33912-6O08 '- NAME I I,DDRESS °°° 434 Sou ',h S~nton Avenue Delray Beach Florida 33444 A~: Mr. Ho~rd White ' 20,50 0 · 002 DESCRIPTION QW RATE T~TAL Mobilization ~ell No. 24 1 2,000.00 Ji,~00.00 High preasu e horizontal jetting 10 200.00 ~,000.00 B.M.R. Mud I'emover screen and formation 4 200.00 800.00 cleaner 5 gallon pals Air develop ~nd specific capacity test 3 0.00 0.00 Thank you fo~ the opportunity to bid this projecfl ITOTAL $4,loo.oo ~ .www_w ~e r_._c o m I WELL DRILLINO PUMPS · IRRIOATION WATER TREATMENT ;7174 Jean Street, Ft. Myers, FL 33912 · {9411 ;~87-1020 · FAX {9411 ~.67-0440 WELL WATER SYSTEMS 941 2678448 P. 02 17' 1 ?~ ,lean 8treat Fort Myers, FL ~ 33912~008 ~-, NAME / ADDRESS City Delray 434 South Swinton Avenue Delray Beach Florida 33444 Al-r: Mr, Howard White PROJECT DESCRIPTION QTY RATE TOTAL Mobilization to Remove existi0g screen on 1 2,000.00 2,000.00 well # 24 i Reverse air gravel from around the well 15 2OO.OO 3,00o.0o screen and c~sing approximatly 15 hourR ~ Remove casing and screen, sieve 1 1,000.00 1,000.00 casing,~creen to roinCtall if possible. If not $60 per foot Of screen for new or casing. Clean borehOle by reverse air method if 1 1,500.00 1,500.00 po~ible or rdud If necossary. : Reinstall casing and screen I 1,000.00 1,000.00 Horizontal jet, air develop,bmr, pump test and 20 200.00 4,000.00 clean well O, av~l tv vel I~Hul id wltll ~{.;! t~Ull Ir r~eeueu Z 1 ,UUU.UU 2,000.00 Reinstall pump supplied by city 1 t ,O00.00 1 ,O00.00 Misc site work cement pedistal, clean site no 1 5,000.00 5,000.00 fence, install- ~ ele~rioal par{el cuppliod by o(hcrm : Thank you f~r the opportunity tu bid this project! TOTAL $20,500.00 WELL DRILLINO PUMPS IRRIGATION · WATER TREATMENT 17174 Jean Street, F~. Myers, FL ~3912 · [9al1 867.1080 FAX (841] ~67-D440 PART ~- EXECUTION Reconstruction of Drinking Water Well #24: Included in the lump sum price is: The CONTRACTOR shall maintain traffic at all times during construction. The CONTRACTOR shall provide all equipment, matakdal~ra~ labor necessary to gravel pack, reconstruct, sample, develop, test and complete the production well according to the drawings and specifications to produce a flow of 1000 gallons per minute. ~e well reco~cfion s~l ~clude: e ....... ~ ..... c~hng ..... ~ .......... ~.~. ~,~ ~.~ ia [~ ~.,~., remove 12 nch di~eter ~er c~g to a dep~ of 150 feet below e~s~g ~ade, ~1 new 12 ~ch ~eter 316 S.S. Schedule 40S ~er c~g to a dep~ of 100 feet below e~s~g ~de, i~l 50 feet of 316 S.S. well screen, ~om 100 to 150 feet below existhg ~ade b~ed on 6 sieve ~yses, ~s~l 10 feet of solid s~p ~om 150 to 160 feet below e~s~g ~de, 36 ho~s of development, 8 ho~s of specific cap~i~ test p~ping, 24 ho~s of co,mt rate p~p~g, ~avel pack, well head completion, cementing, disi~ection, ~d ~1 o~er necess~ ~ciden~s. The well reconstruction shall also include: r~mev~ .~f removal and reinstallation, upon completion of reconstructed well, of all existing electrical panels and cabinets. Contractor to verify condition of existing electrical facilities prior to removal. Existing flow meters are *-' The meters will be returned to the contractor for installation. Data Flow Systems to install telemetry in conjunction with electrical contractor at final well start-up. Pressure relief/sustaining valve to be Ames Co. 8" Model Number 920G (specificaiton 15011). 01025-2 MEASUREMENT AND PAYMENT The City of Delray Beach is to supply the following for each well: · Submersible 1000 GPM pump and motor (AMI Inc.) · Fiberglass column pipe with 6" NPT treads (AMI Inc.) or PVC Certa-Lok. · All water sample testing services. END OF SECTION 01025-3 MEASUREMENT AND PAYMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM REGULAR MEETING OF NOVEMBER 17, 1998 APPOINTMENT TO SITE PLAN REVIEW AND APPEARANCE BOARD DATE: NOVEMBER 12, 1998 Pursuant to LDR Section 2.2.3(B), the Site Plan Review and Appearance Board is to consist of seven members, one of whom shall be a landscape architect or a person with expertise in landscaping or horticulture. Dan Carter had served in this capacity until the expiration of his term on August 31, 1998. Having served two full successive terms, Mr. Carter was not eligible for reappointment. In addition to the special qualification for landscaping expertise, an appointee to the Site Plan Review and Appearance Board must either be a resident of or own property in the city, and/or own a business the city. The term is for two years, ending August 31, 2000. The following application has been received for consideration to fill the SPRAB vacancy: Roger DeCapito A check for code violations and/or municipal liens was conducted. None were found. Assuming the applicant is acceptable, the appointment will be made by Commissioner Egan (Seat #2). Recommend appointment of a regular member (landscape architect or landscaping expertise) to the Site Plan Review and Appearance Board for a two year term ending August 31, 2000. ref:agmemo20 Au~-17-98 10:59A landscape irrigation 561 279 0091 Ple~s~ type o~ print ~he following ~t~on~on: ~ 99) 1. L~N~t DeCa~,ito N~ Roger B. 1421 Cormorant Road Delray Be~ch FL 3~.44 3. Le[m R~ce Ci~ S~ Zi; Co~ ~ame 1116 Poinsettia Drive Del?ay Beach F~ 33444 NON~ Various_courses and CEU's on a~l types of landscape ar~as; ~.e. nat .v~ plants, palms, chemicals, design, planning, etc. State of Florida Dealer in Agri,cu.~9.~al Plants Co-owner of Bermuda Landscape a Design, I~c. Co-owner of Southeastern Irrigation, Inc. Please see attached ~OmA~ r .... DA'rE Roger B. De "AU'oZ17-98 10:59A landscape irrigation 561 279 0091 P-03 ROGER B. DECAPITO 1421 Cormorant Road Delray Beach, FL 33444-1222 EXPERIENCE/SKILLS: Ten years experience dealing iD the landscape industry from design to installation. Extensive knowledge of the long term effects of landscape material including native materials and their applications. As a result of my experience, I have first hand knowledge of current market conditions, material quality, and material availability. My experience also includes the maintenance of both commercial and residential properties relating to trimming, fertilizations, pesticide treatments, irrigation systems, :tc. As a result of my vast knowledge of plant materials, I am able to quickly access and determine the best application and usage in various environments. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM ~ REGULAR MEETING OF NOVEMBER 17, 1998 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY (RESIDENT MEMBER) DATE: NOVEMBER 13, 1998 The term for Robin Preston (resident member) on the Delray Beach Housing Authority expired on July 14, 1998. Raymond Orr was appointed to fill this position on September 22, 1998. However, due to a conflict of interest, Mr. Orr resigned from the board on October 13, 1998. Per statute, an appointee may not be an officer or employee of the City. Further, each housing authority must have at least one member who is a resident, current in rent, of the housing project or a person of low or very low income who resides within the housing authority's jurisdiction and is receiving rent subsidy through a program administered by the authority. The following have submitted applications for consideration as the resident member: Melody Davis Robin Preston Yvonne Wilson Pursuant to Commission direction, a check for code violations and municipal liens was conducted. None were found. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to Housing Authority appointees. This recommendation for this appointment will be made by Commissioner Randolph (Seat #4). Recommend appointment of a resident member to the Delray Beach Housing Authority for a four (4) year term ending July 14, 2002. ref:agmemo6 10-21-98 1~:30 DELRAY BEACH HOUSING AUTHORITY ID=5612727~52 P.82 ® BOARD MEMBER APPLICATION ! 993 Please type or print the following information: ' 1. Las~ Name: Name "' Middle Initial 2. Home Address: City~ Sxa~e Zip Code 3. Legal Residence City ~ . , ~ I~ Staze Zip Code 4. Principal Btmine'ss Adstresx: City State Zip CSde -5. 14omephone:(~]ol ) c~q~_ o~ Business?hone: (~v-"~) G95' ~oqO ~/ 6.' W~hat l~oard(s) are you interesz~d in serving? 7. List all City Boards on which you are currently ~erving or have previously served: (Please include dazes) -l. Educationilqualifications:~ 3~W Ct'q. 0,,tV h~.~t~ 9. List an3 ~'elated professional certifications and licenses which you hold: 10. Give your pre'sent, or most recent employer, and position: 115 Describe experiences, skills or knowledge which quali~ you to serve on this board: (Please attach a brief resume) I hereby certify that a//the above statements are tn~e, and I agree and understand that any misstatement of rnateHal f~cts contained in this application may cause ~l~eitu~e upon my part of any appointment I may receive. Si(~NATUI~ ~ - DATE No~e: This application will remain on file L~ the Ci~ Clerk's Office for a l~riod of 2 y~ars fi-om thc date it submitted. It will be the al~plic~nt's rcspo~ibility to ensure tha~ a cuzment application is on file. DELPAC Delray Economic Leaders Political Action Committee "Business Working for Good Government" OFFICERS Chairman/Secretary Bill Brining m^~ November 16, 1998 272-6350 Vice Chairman Ro~die Blood Blood's Hammock Grove 498-3400 Ire&surer Mayor Jay A1perin r~. Mo, mo,, 3130 Lowson Blvd. Mo~i~ a s,~ Delray Beach, FL 33445 278-1002 Recording Secretary Dear Bill Wood jay: Dglray Be~ch Chamber of Commerce 278-0424 On behalf of the board of directors of DELPAC, listed below are our Past Chairman recommendations of candidates for the vacant seat on the Delray Beach Michael Paktadooni City Commission. Even with the short time frame, we want you to Atlantic Reffigoration know that much thought and discussion has gone into the preparation 278-1937 of this "short list." Directors Bob Hayes Amongst several criteria, DELPAC looked for an individual who is ~,b's Pmt~g active in the community, has business experience, has served on a city 27g-0203 board or committee and is viewed as a team player. It is our belief that Robot}till either of the following candidates (listed in alpha order) will make an m~h~sda}~ospital excellent Commissioner and continue the tradition of a City 73%7733 Commission that works in harmony for the betterment of our entire Michael Lisl/ck t~i~k a ~all, P.~ ~ommumry. 276-7424 Tony Newbold Horida Pow,r & Light Patricia Archer (CREDITECH of South Florida) 26~-3103 Janet Ormen (Meisner Electric) Nancy Reagan N. Reagan a Company --- -.,qlncerelv, 278-8111 Susie Simms Simms International 368-3404 rm~ st~ Bill Branning, Chairman st~ a a.~o~at~ DELPAC Board of Directors 265-2229 [ton W~qt~s appointcandates98 W~kes & Callaway Ins. 278-O448 Clay Wideman His & Hers Hair Creations 276-4915 P.O. Box 1377 · Delray Beach, Florida 33447-1377 TO: DAVID T. HARDEN CITY MANAGER THRU: DIANE DOMINGUEZ,'DIRECTO'R~'"' ,~ ~,,, DEPARTMENT OF PLAN AND zolqING~/ FROM: J ~T~~fifiKS~NNER SUBJECT: MEETING OF NOVEMBER 3, 1998 REZONING FROM PCC (PLANNED COMMERCE CENTER) TO CF (COMMUNITY FACILITIES) FOR A 2.11 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD, APPROXlMATLEY 480' EAST OF CONGRESS AVENUE The proposal is to change the zoning designation for the Public Works Warehouse property from PCC to CF. The request is corrective in nature and will allow the governmental facility as a permitted use in the CF district. There is no development proposal associated with this request. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of October 19, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (McCarthy and Young absent) to recommend approval of the rezoning from PCC to CF for the Public Works Warehouse, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. By motion, approve the rezoning from PCC to CF for the Public Works Warehouse, 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: P& Z Staff Report and Documentation of October 19, 1998 J,~{'J-~Y .,5- ORDINANCE NO. 48-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE PUBLIC WORKS WAREHOUSE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LAKE IDA ROAD AND THE CSX RAILROAD, 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 PCC (Planned Commerce Center); and WHEREAS, at its meeting of October 19, 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 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: The Easterly 240.49 feet, less the Southerly 500 feet, of Lot 20, Block 1, DELRAY SHORES as recorded in Plat Book 24, Page 232, of the Public Records of Palm Beach County, Florida. The subject property is located at the southwest corner of Lake Ida Road and the CSX Railroad, approximately 480 feet east of Congress Avenue; containing 2.11 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 17th day of November , 1998. ATTEST: ~ty ~e~ ~ First Reading November 3, 1998 Second Reading November 17, 1998 - 2 - Ord. No. 48-98 OSR LAKE aLZHEt~R C~UNITY LAKE PC LAK~ IDA PLAZA R OA ANAL / ST. RM-7 ~ AUTO PLAZA N.W. '~""~ MIC S ~O~PEY PARK (~ OSR ~ - REZONING - CiTY OF D~'LRAY B,..ACH. FL FROM: PCC (PLANNED COMMERCE CENTER) TO: CF (COMMUNITY FACILITIES) ~LANNIN~, 4, ZONING D=~PAR'i'M-~NT ~vl~o~ C~~coz ~o~ ~i££ ~e instaffedas tlie first wee~ of ®ecem~er in ~ansas City. ~o ce[e&ate this momentous occasion ancf offer our congratulations for this great honor, please join us for a reception C[uesaray, CDecem~er 8, 1998 at ttie ~ irport J-Ii[ton ~ote[,, ~J 50 .~ ustra[ian .~ ve., ~est ®a£m ®each, 5:JO - 7:JO p. m. "qZrienaCs" who wish to spea~ are as~eaC to contact $Urarett in the ~unicipa[£eague office. gatPfease q~Sq® your attenaCance by phone (561-355-4484) or fa:((561-355-6545) not later than ~Friefay, ~acem6~r 4,