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12-01-98 Regular CITY OF DgLRAY BEACH, FLORIDA - CITY COMMISSION REGg3LARMEETING DECEMBER 1, 1998 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability the opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation 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 3 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. Co~nents and Inquiries on Non-A~enda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular A~enda and First Readin~ Items: When extraordinary circumstances or reasons exist and at the discretion of the City Commission, citizens may speak on any official agenda item under these sections. 2. SIGN-IN SHEET: Prior to the start of the 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, step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 2A. Pledge of Allegiance to the Fla~. 3. APPOINTMENT TO T~E CITY COMMISSION/SEAT #2: Formally appoint Patricia Langley Archer to the Delray Beach City Commission (Seat #2) for an unexpired term endin~ March 25, 1999. A. Administer Oath of Office to Patricia Lan~leyArcher. B. Roll Call. 4. A~enda Approval. 5. Approval of Minutes: 6. Proclamations: A. Reco~nizin~ and commendin~ Fire Marshal Michael D. Cato for his achievements and selection as State of Florida Fire Marshal of the Year (1998). B. OF NOTE: Reco~nizin~ and commendin~ Mayor Clarence Anthony of South Bay, Florida, on his installation as President of the National League of Cities. 7. Presentations: A. Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reportin~ presented to the City of Delray Beach for its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 1997 - 2 - 12/1/98 8. Consent Agenda: City Manager recommends approval. A. RATIFICATION OF DDA APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the appointment of Frank Wheat as the Downtown Development Authority's representative to the Parking Management Advisory Board to fill an unexpired term ending January 31, 1999. B. FINAL PLAT APPROVAL/WINDSOR COURT: Approve the final subdivision plat for Windsor Court, a proposed ten (10) lot townhouse development located at the southwest corner of Gleason Street and Bay Street. C. STREET NAME CHANGE FOR DON FRANCISCO'S WAY: Approve a request to change the name of Don Francisco's Way to Marry Fladell Drive. D. SPECIAL EVENT APPROVAL/BUD LIGHT BEACH VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for special event approval to allow a Bud Light Beach Volleyball Tournament to be held on the municipal beach on December 12, 1998. E. SERVICE AUTHORIZATION ~9/DAVID MILLER & ASSOCIATES (POLICE DEPARTMENT EVIDENCE STORAGE BUILDING): Approve Service Authorization #9 in the amount of $21,500.00 with David Miller & Associates for consulting services related to the design and construction administration of a new evidence storage building at the Police Department, with funding from 334-6111-519-62.10 (General Construction Fund - Buildings). F. RESOLUTION NO. 74-98: Approve a resolution assessing costs for abatement action required to remove nuisances on 10 properties throughout the City. G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 16th through November 25, 1998. H. AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors via Palm Beach County Co-op Bid (Delray Beach is lead entity) for the purchase of chemicals and fertilizer at an estimated annual cost of $160,415.20, with funding from Parks and Recreation, Municipal Golf Course and Lakeview Golf Course operating budgets (line item 52.26 - Gardening Supplies). 12/1/98 2. Bid award in the amount of $104,960.72 to National Ambulance Builder, Inc., via City of Boca Raton bid, for the purchase of a 1998 Navistar International heavy duty fire/rescue vehicle, with funding from 501-3312-591-64.20 (Garage - Vehicle Replacement). 3. Bid award in the amount of $68,080 to Shortway Lines of Florida, Inc. for bus rental and driver service for programs in the Parks and Recreation Department, with funding from 115-4912-572-55.30 ($11,700/Special Projects - Football Supplies), 001-4106-572-44.90 ($43,330/Summer Day Camp - Other Rental/Lease Costs), 001-4105-572-44.90 ($7,200/After School Program - Other Rental/Lease Costs), and 001-4121-572-44.90 ($7,500/Athletics & Special Events - Other Rental/Lease Costs). 4. Purchase award in the amount of $27,623.00 to Data Flow Systems, Inc., sole source provider, for the purchase of electrical components used to construct radio transmitting units (RTUs) for installation at the golf course wells and generators to replace the existing hard wire system, with funding from 441-5122-536-64.90 (Water Treatment & Storage - Other Machinery/Equipment). 5. Lease agreement with Saturn of Delray Beach for nine (9) 1999 Saturn SL-ls to replace existing vehicles used by the Police Department's C.O.P. (Citizens On Patrol) program at a cost of $199.00 per vehicle per month for 39 months, for a total annual cost of $21,492.00, plus tags. Funding will be from 001-2113-521-44.40 (Police Dept. Support Services). 9. Regular Agenda: A. CONDITIONAL USE MODIFICATION REQUEST/STOR-RITE COMPLEX: Consider a request for conditional use modification approval to allow an expansion of the automobile paint, body and repair facilities within the Stor-Rite complex located on the south side of Dr. Andre's Way (S.W. 2nd Street), approximately 315 feet east of Congress Avenue, adjacent to the CSX Railroad. The subject property is zoned MIC (Mixed Industrial and Commercial) District. QUASI-JUDICIAL PROCEEDING B. TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS GROUP, INC.: Consider approval of a consulting agreement with JCD Sports Group, Inc. for the purpose of attracting special events to the tennis stadium, event management, and development of additional revenue sources for the tennis center, in the amount of $12,000 with funding from 113-4210-575-31.90 (Tennis Center Special Events). - 4 - 12/1/98 C. EDUCATION BOARD RECOMMENDATIONS ON THE SCHOOL BOARD'S FIVE YEAR WORK PLAN AND CAPITAL BUDGET: Consider approval of the Education Board's recommendations and statements regarding the effects of the Five Year Work Plan and 1999 Capital Budget on Delray Beach, and authorize forwarding them to the School Board. D. RESOLUTION NO. 75-98: Consider approval of a resolution opposing any override of the Governor's veto of House Bill 3075 relating to Police and Fire pensions. E. SETTLEMENT/~T~AUGH V. CITY OF DELRAY BEACH: Consider settlement of the referenced matter as recommended by the City Attorney. F. CITY COMMISSION LIAISON TO PARKING MANAGEMENT ADVISORY BOARD: Consider appointment of a replacement City Commission liaison to the Parking Management Advisory Board. 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. 11. Co,m~nts and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 49-98: An ordinance annexing Lot 61, Second Addition to Country Club Acres, located on the north side of Jefferson Road approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; providing for a small scale Future Land Use Map amendment from County MR-5 (Medium Density Residential 5 dwelling units/acre) to City General Commercial; and establishing initial zoning of GC (General Commercial) District for Boca Delray Animal Hospital. If passed, a quasi-judicial public hearing will be scheduled for January 5, 1999. B. ORDINANCE NO. 50-98: An ordinance amending LDR Section 4.6.16, "Landscape Regulations", regarding the types of plant materials that can be located within utility easements. If passed, a public hearing will be scheduled for January 5, 1999. - 5 - 12/1/98 C. ORDINANCE NO. 51-98: An ordinance amending Chapter 39, "Returned Check Service Charge", of the City Code by making changes to the City's returned check policies. If passed, a public hearing will be scheduled for January 5, 1999. 13. Comments and Inquiries on Non-Agenda Items: A. City Attorney B. City Manager C. City Commission - 6 - 12/1/98 WHEREAS, Michael D. Cato has been the Fire Marshal in Delray Beach since 1979 and has been an employee of the Fire Department for over 23 years; and WHEREAS, Chief Cato is a leader and a pacesetter in the marketing of fire safety and code compliance in our community, the county and the State of Florida; and WHEREAS, Chief Cato manages the Fire Safety Division of the Delray Beach Fire Department, which includes administration of the Fire and Life Safety Codes and Standards, inspection and code compliance for new and existing buildings, plan review, public education, fire and arson investigation, incident reporting and fire analysis; and WHEREAS, Fire Marshal Cato implemented and coordinated the installation of fire sprinkler protection in all Habitat For Humanity homes built in Delray Beach since 1994. He also initiated the installation of fire sprinkler protection in all new and renovated municipal buildings, including all fire stations, City Hall, Police Headquarters, City Attorney's offices, the municipal Golf Course Clubhouse and the tennis stadium complex; and WHEREAS, Chief Cato is extremely active in the community having served as Chairman for the Chamber of Commerce Ambassadors Committee, Past Treasurer of Delray Beach Rotary Club, Past President of the Delray Beach Lions Club, as well as the School District Superintendent's Fire Safety Committee; and WHEREAS, Chief Cato is currently the Legislative Committee Chairman for the Florida Fire Marshal's Association and is active in the Florida Fire Chief's Association where he serves as Chairman of the Life Safety Committee; and WHEREAS, in recognition of Chief Cato's committed and dedicated service to the mission of fire safety and education, on November 4, 1998, he was named the Fire Marshal of the Year by the Florida Fire Marshals Association. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend FIRE MARSHAL MICHAEL D. CATO in recognition of this achievement together with his many accomplishments during his years of dedicated public service. 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 1st day of December, 1998. MAYOR JAY ALPERIN SEAL FROH :G~VILLE-RESCUE 904 534 2S55 1_~98,0~-10 14:00 ~70~ P.02/03 Sen1: .by: WINTER PAI~K FIRE ~075993~31 06/09/98 3:29Pk~ Job .370 Page 2/3 FLORIDA FIRE MARSHALS ASSOCIATION Florida Fire Marshal's Association Annual Awards Entry Form Year: 1998 Award (Check One) Fire I'nspector () Fire Marshal~r~ Public Educator ( ) Date of Applieatlon September 1,. 1998 Applicants for the Annual Florida Fire Marshals Awards must submit their application .on this form and include it along with the following material in their entry packet. 1, The entry form. 2. A cra,er letter from their SuperVL~or and/or Chief Officer. 3. A resume, not to exceed one typewritten page. 4. If desired, .un audio-visuaI program, not to exceedj~ve minutes or written backup material., not to e. xceed five typewritten page,s Nomin6es for this award will be judged in the following .areas: 1. Resum~ 2. S£ecial and innovative projects. 3. Recognition and achievements and, in case ora tie, written hack-up. Nam~ of Nominee:' Michael D: "Cato Street Address: 501 W. Atlantic Avenue City: Delray Beach .. State: Florida Zip: 33444 Home Phone: ~61) 734-2774 Work P~,one: (56~__ 243-7420 Name office Department Nominee Kepresents: Delray Reac. h Fir.e Department Street Address 501 W. Atlantic Avenue City: .~.e_.iray Beach State: Florida Zip: 33444 Fire Marshals Association \ [lTV OF DELRI:I',I' BEI:IEH FIRE DEPARTMENT SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH DELRAY BEACH I~ L O I~ I O A ~ O~ September 1, 1998 ~993 Altamonte Springs Fire Department 225 Newburyport Avenue Altamonte Springs, Florida 32701 Dear Steve. I am submitting the name of Michael D. Cato, Fire Marshal in the City of Delray Beach, as a recipient for the annual Fire Marshal's award. Chief Cato has been our Fire Marshal since 1979, developing a high level of credibility and respect in the fire service in Palm Beach County and the State. I have included his resume which identifies many accomplishments, but I will highlight a few significant achievements. · Mike is a leader and a pacesetter in the marketing of fire safety and code compliance in our community, the county and the State of Florida. · He initiated an innovative code enforcement program requiring 'Central Station Certificate Service' using requirements from NFPA to utilize Underwriters Laboratories technical staff to assist and ensure proper installation, maintenance and off-premises signaling service. · He proposed to the City Commission to set up a Community Task Force, which they approved, to review justifications, impacts, costs and benefits of updating and revising the City's Fire Prevention Code. The result was successful. · Coordinator and motivator for the installation of fire sprinkler protection in all Habitat For Humanity homes built in Delray Beach since 1994. This program may have been the first in the country. · Initiated the installation of fire sprinkler protection in all new and renovated municipal buildings, including 100% of all fire stations, City Hall, Police Headquarters, City Attorney's offices, the municipal Golf Course Clubhouse and the tennis complex and stadium. FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper Page - 2 - Nomination - Michael D. Cato Manages a public education program that is annually presented to over 8000 of our citizens in Delray Beach. The Fire Department and the City of Delray Beach are extremely proud of Mike's accomplishments, his dedication and commitment to fire safety, code compliance, public education and his community involvement. He has made a difference in the City of Delray Beach. Sincerely, Fire Chief RESUME Michael D. Cato Delray Beach Fire Department Fire Service Positions: Employed by the City of Delray Beach Fire Department for 23 years. · Promoted to Fire Marshal in 1979. · Manages the Fire Safety Division of the Delray Beach Fire Department which includes seven personnel. · Administers the Fire and Life Safety Codes and Standards, inspection and code compliance for new and existing buildings, plan review, public education, fire and arson investigation, incident reporting and fire analysis. Community_ Service Activities: · Chairman of the Greater Delray Beach Chamber of Commerce Ambassadors Committee. · Member of the Delray Beach Rotary Club, Past Treasurer. · Past President of the Delray Beach Lions Club. · Coordinates Habitat For Humanity program for the Fire Department. · Served on the School Board Superintendcnt's Fire Safety Committee. Professional Affiliations: · Florida Fire Marshal's Association - Past President · Florida Fire Chief's Association · NFPA Member - Committee Membership · International Association of Arson Investigators · International Association of Fire Chief's · Florida Fire Chief's Life Safety Committee Chairman Education and Training: · Executive Fire Officer Program · Fire Science Certificate - PBCC · Numerous courses and programs in fire safety and prevention, investigation, management and leadership. Addendum to Resume for Michael D. Cato Michael D. Cato has been the Fire Marshal in Delray Beach since 1979 and has been an employee of the Fire Department for over twenty three years. Through his tenacity and abilities to sell Fire Safety, the community has numerous built-in fire protection upgrades including: · Compliance with standards for commercial cooking equipment for all food service establishments in Delray Beach. · Fire sprinkler protection for all new and significantly renovated municipal buildings including all fire stations, City Hall, the Police Department Complex, the City Attorney's offices, the Municipal Golf Course Clubhouse, and the Tennis Stadium Complex. · Fire sprinkler protection retrofit for numerous commercial and multi-residential buildings throughout the City. Chief Cato places a strong emphasis and commitment to public education and on the awareness of accident prevention. Through an EMS State grant he acquired a 'Safety House' trailer to demonstrate built-in fire protection, fire and accident prevention including poisoning and drowning prevention education. He manages the hurricane preparation and preparedness public education program in his division. He provides 'Learn Not To Burn' training to the teachers in all public and private schools in the City of Delray Beach. The total number of people exposed to the public education programs in Fiscal Year 97-98 was over 8,500. Chief Cato is extremely active in the community serving as the chairman for the Chamber of Commerce Ambassador Committee which recruits and mentors new members. He is a member of the Rotary Club of Delray Beach and a Past Treasurer, and he is Past President of the Delray Lions Club. One of the most gratifying community programs in which Chief Cato is involved is as the coordinator for the Habitat For Humanity program for the Fire Department. Through his leadership we have installed residential fire sprinklers in six homes in the City. The program is ongoing with plans for sprinkler installation in all Habitat For Humanity homes in Delray Beach. Chief Cato is currently the Legislative Committee Chairman for the Florida Fire Marshal's Association and was a Past President of the group. He established the Reese Scholarship Fund in honor of former West Palm Beach Fire Chief Reese, which provides financial assistance to selected recipients on an annual basis. He is active in the Florida Fire Chief's Association and serves as the chairman of the Life Safety Committee. Page - 2 - Addendum - M. Cato He is a member of the NFPA serving on the Technical Committee for Garages and Parking Structures and the National Fire Alarm Code Supervisory Station Committee. He is a member of the Fire Marshal's Association of North America and serves or has served on the Fire Service Section Committee, Educational Section, Building Fire Safety Systems Section and Rail and Transportation Section. Chief Cato is a member of several other professional organizations. He has taught at Palm Beach Community College as an adjunct instructor in the Fire Service Program. Chief Cato is an outstanding Fire Marshal, committed and dedicated to the mission of fire safety and education, not only at the local level but also at the state and national level. It is an honor for me to submit his name in nomination for Fire Marshal of the Year recognition. Sent by: WINTER PARK FIRE 4075993231 06709798 3:29P~ Job 370 Page 3/3 Dcpartmcnt Phone: 661) 243-7400 Fax: (56}_ 243-7461 Length of Employment: 23_..y. ears Rank/Position: Fire Marshal, Div. Chief Person Making Nomination: R,,obert B. Rehr .Signature; ..... Endorsement of Chief Officer: Robert B. Rehr Signature: _ Fire Chief Mail completed application with all supportive material to: R. Stephen Painter, Division Chief City of Winter Park ]Fire Department 180 West Lyman Avenue Winter Park, Florida 32789 ALL.ENTRIESMUST BE RECEIVED.BY SEPTEMBER 1,199__8 WHEREAS, Mayor Clarence E. Anthony of South Bay, Florida, is a dynamic and energetic individual who exemplifies the ideals of community service and involvement; and WHEREAS, Clarence Anthony has worked tirelessly for the betterment of his community, state and nation by serving as a member and on the Board of Directors of the Palm Beach County Municipal League, the Florida League of Cities and the National League of Cities; and WHEREAS, Clarence Anthony has also served as a member of the United Way of Palm Beach County, on the Board of Directors for Boy Scouts of America, Gulfstream Council, on the Board of Directors for Big Brothers/Big Sisters, and as a member of the District IX Mental Health Drug Abuse Planning Council as well as the Economic Council of Palm Beach County; and WHEREAS, Mayor Anthony has received numerous community service and academic achievement awards. He is a graduate of Leadership Florida, a member of the Board of Regents and a member of the Statewide Community Foundation. Mr. Anthony was the recipient of the South Florida Business Journal's "1990 Up and Comer Award", the Florida Jaycees' "1990 Mayor of the Year", Ebony Magazine's "Future Leader Award", and Florida Atlantic University's "Distinguished Alumnus Award"; and WHEREAS, Mayor Clarence E. Anthony will be installed as PRESIDENT OF THE NATIONAL LEAGUE OF CITIES the first week of December, 1998, in Kansas City. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend CLARENCE E. ANTHONY and call upon all present to acknowledge and applaud his many and varied contributions to his community and his excellent record of dedicated and faithful public service and outstanding leadership. I hereby declare Clarence E. Anthony to be an HONORARY CITIZEN of the City of Delray Beach, Florida, with all of the rights, privileges and courtesies attendant thereto. 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 1st day of December, 1998. MAYOR JAY ALPERIN SEAL Nov-18-g8 04:50P City of South Bay 561 996 7950 P_03 C'-~ -_'.~? 9-Z i ::.".~ z~ L'"~!_.S 3,": C'~.'FiE~ '- ~".LS'z'/9'SST'.SS'-~ ';:-.,'..::.-' =0.-',i] ._.. Resume of Service Clarence E. Anthony C.,~d,~.DIDATE FOR. NLC SECOND VICE PR,ESI'DENT '..4 Visionary Lead#rjbr NLC's Future" Service :o Naltonal Zeag.e of Cities, lne_ * Se.n'ice to State of Florida, PIadda CII~es and of~ers Member. ~C ~oard of Director. 1994 to Bored i.iai6tn: - Sma. il Cities Co~i], · Mem~, Yhmda Ad~o0' Co.cji on 1995 ~a pre:=n~ ~tergove~i ~¢la~o~ (AC~) B,~ard l.i~iso~ - Comm~i~y & ~;onomiz - Me, m~, Florida En~ra~.e~al ~d Dcvc[opm~ 199a - 1995 M~age~ent Smd~ Commission Memb~. Elec~an5 '96 'l'~k Force Memb~, Comml~tee an New Localism, Professional and,4cadem~ Background 1996 to present Memb~, NLC Policy & Legishtive C,;mmi~ee. · fo~ Regional Plarmcr, 'l%cu.s~e C,.~a~t 1995 Pl~ing Co. oil Member, NLC Nominating ~x~ti~=, 1995 * Fo~D~ecmr, D~tr~en't L~'mb~, Cem~it~ & ~nomic Developmcn; ~po~mi~, Palm Be~ch S~.~e~ng Comminee. 1992-1994 * Director, Client M~mg~n~t Servic=~, Mcnmcr, N~o~al Black Caucus of'Local Ele;~d Region~ C~2b~ili Ot'llcials, ~0S5 ~o presen~ - [ icense~ M~icipal Sec~ifiex R~re~en~nve Univ~si~ Se~'tce tv Florida i~ague of Cl:te~, Inc. Community Sen, lc6 ~cad~mic ,4ch~vement and P~st Fp=~.,ident. Fio~da Lca~ ot'C.i~ic~, t995 .4wer~ Nlayer. Ci[y uf SouOt ~y. I9~ :o ~' ice Cluir', FCdcrai .~.Cl;on ~mke 're~, 1996 Member, BosM ofReg~; Memb~, State'de (]b~i~r. ?4,:':~:~,~.t~ir~g Conm~i~ee. Ig96 Community Fo~da~on Ch, ir, 1,~g]~kxt.~ ','c Co:rm'~inee. I994 · $ou~ Florida B~sine~;s Jo'~aal, "1990 Up ~d Cheil l<¢s~hmor, 5 Convince, 1992 Comer Member, ~ecuti've Bo~d for Fio~da League of · "1990 Mayor of thc Year" - Flon~ Joycce~ Ce: ~t'~. t992 ~:, ;.'4 ese~t · Ebony Mag~ine Future l.eader Award ~',..',':-, [:~:~r,::z & 'l'v.~m..m Comani~ee; 198~ · Mc~ight Fotmdanon Dc~cloral Fellowship ~ i<::,:b=c. Urb~ Admm~s~rauon ~ommitle:, 1996 * Member, Unite~ Way of Palm Beach Couv. ty · Board of D~ectors, Boy Sc~u;~i of~erice, S,,~;,:.~ ~:: Ft,,Hda's Loc~ Leagua.'~ ~al~ Beach Ot,tfs~eam Co~eil C'ounO. Lc.;gue ~rC'iffe~) * FAU Distin~isl~ed Akmmus Awed · Adjungt ~ufe~sor, FAU; Novu University; Palm Membec, Bo~cd ~l'Directo~ Beach Co~tmi~ College ~d ~m'ida Memorial Chair, Nomi:-~atmg Co.niece College Chair, Directions Commt~ee · Board vf Dkectors, Big Brofl~w~ig Sister~ Member. Cnun~'ide Pl~m~g Council · Membgr. Dis~ct lX M~t~I l{ealth D~g Abuse M~m~r, Legiah, tive Commi~ee Plaram~ Council Me~ber, Gold Coa$t League of Cities · Mem~, Ezonomic Council of Pulm Beach Co',mt3 Ch=ir., Th-City Leagtlc of Cities Mai,or .4nthony % Ca~didai3' is Endorsed an~ Supposed by the FIorida League. of ~2tlex, Nov-lB-9~ 04.: 50P City of South I~ay 561 996 7950 P_02 :l',: ~ll' _"-:-~: ;ff.' .; F-L L.:_,:;i_l~ i_i~' ,]~T~E~. · ~i~l~l'~l::~',Z' r~:Zi,'DCI: ~:Zl,l:'; ~Z' Nov-18-~>8 04.:49P City of South Bay 561 996 7950 P.O1 City of South Bay 101 IV. ~. 1st A.venue South Bay, FL 33493 Office: 561-.996-6751 Fax: 561.996-7950 Facsimile Transmittal Please Deliver Immediately! r)ate: //--/8 -~ To~al pages including cover' sheet: Commen~: If an/pa~ of this Illessage iS missing or received poor,, please call (5611 996-3658 immediately, lhank you. cc: City Commission Y¢l~o~ C~a~rc~ ~o~ wi(( Se insta£[eaC as the first wee~of ®ecem~er in ~ansas City. ~o ce[eState this momentous occasion anaCoffer our congratu[ations for this gmat honor, p[ease join us for a reception ~uesaCay, ©ecem~er 8, ~998 at the a~irport Yfi£ton Y-[ore[,, 150 a~ustra£ian a~ve., qd/est ®a£m ~each, 5:3 0 - 7:30 f. m. "qvrienaCs" who wish to spea~ are as~eaC to contact ~o~ ®uraCett in the ~unicifa££eague office. ®[ease q~Sq® your attendance 5y phone (561-355-4484) orf ~ (561-355-6545) not [ater than q*ri~ay, ~¢ern~r 4. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'/~ SUBJECT: AGENDA ITEM ~'A' REGULAR MEETING OF DECEMBER 1, 1998 RATIFICATION OF DDA APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: NOVEMBER 24, 1998 Meg Eaton's term on the Downtown Development Authority expired in July, 1998. She did not wish to be considered for reappointment. Ms. Eaton had also served as the DDA's appointee to the Parking Management Advisory Board. Hence, when she left the DDA a vacancy was created to fill the unexpired term of the DDA's representative to the parking board. The DDA Board was notified and on November 16, 1998, voted unanimously to appoint Mr. Frank Wheat as the DDA liaison to the Parking Management Board. Recommend ratification of Frank Wheat's appointment as the Downtown Development Authority representative on the Parking Management Advisory Board to fill an unexpired term ending January 31, 1999. ref:agmemol7 DOWNTOWN DEVELOPMENT AUTHORITY City Of Delray Beach, Florida November 18, 1998 NOV 1 8 1998 CITY Ms. Janet Onnen, Chairperson Parking Management Advisory Board 220 N.E. 1st Street Delray Beach, FL 33483 Dear Janet: This is to advise that the Downtown Development Authority at its Board meeting of November 16, 1998 unanimously appointed Frank Wheat to serve as the Downtown Development Authority liaison to the Parking Management Advisory Board. Sincerely, MICHAEL LISTICK, Chairman Downtown Development Authority /sk cc: RobertA. Barcinski Board Members A Florida Main Street Community MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY blg2XlAGER~ SUBJECT: AGENDA ITEM ~- REGULAR MEETING OF DECEMBER 1, 1998 FINAL PLAT APPROVAL/WINDSOR COURT DATE: NOVEMBER 25, 1998 This is before the City Commission to approve the final subdivision plat for Windsor Court, a proposed ten (10) lot townhouse development. The subject property is located at the southwest corner of Gleason Street and Bay Street. The property is being platted pursuant to the conditions of site plan approval granted by the Site Plan Review and Appearance Board on November 4, 1998. All technical and staff comments have been addressed, and the City Engineer has forwarded the plat with a recommendation of approval. Recommend approval of the final subdivision plat for Windsor Court. ref:agmemo7 Agenda Item No. A~ENDA REOUEST Date: Nov. 23, 1998 Request to be placed on: __ Regular Agenda __ Special Agenda X Workshop Agenda When: Dec. 1, 1998 Description of item (who, what, where, how much):Approval of the Subdivision Plat for Windsor Court. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Subdivision Plat for Windsor Court . ~~~ ~-O Department head signature: . ~I-Z.~-~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-North Beach Three Plat file:s/engadmin/tac/windsor/ag120198.doc MEMORANDUM TO: David T. Harden City Manager FROM: Barron Caronite Assistant City Enginee~ SUBJECT: SUBDIVISION PLAT WINDSOR COURT DATE: November 23, 1998 Please find the a agenda request for Commission approval of the subdivision plat for Windsor Court attached. I have also enclosed a location map, and a reduced copy of the plat. The site is located at the Southwest intersection of Bay Street and Gleason Street. Site plan approval was granted on November 4, 1998, by the Site Plan Review and Appearance Board. The subdivision plat consists of 10 townhouse units fronting on Bay Street. cc: Jeff Costello, Planning/Zoning Paul Dorling, Planning/Zoning TAC-WlNDSOR COURT file: s/endadmin/tac/windsor/ag 1201 mm.doc -/ ~--~~ ~ ~~.~/ E~ON~NT~ SE~C~S ~P~ENT SUBD~SION P~T .... ]AI~'(2 N~'IJ3N]A -- TO: DAVID T. HARDEN, CITY MANAGER ~ ,E O~R,~/~ FROM: DIANE DOMINGUEZ, PLANNING AND ZONING DIR SUBJECT: MEETING OF DECEMBER 1, 1998 **CONSENT AGENDA** STREET NAME CHANGE - DONFRANCISCO'S WAY In 1989 the City held a "Street Name Auction" as a fundraiser for Old School Square. Dr. Andre Fladell was the successful bidder for NW 1st Street (east of Congress Avenue), for which he chose the name DonFrancisco's Way. Now at the request of the street's namesake, Perry DonFrancisco, Dr. Fladell is asking that the street name be changed again. The attached Planning and Zoning Board staff report contains additional information on the request. The Planning and Zoning Board considered this item at its meeting of November 16, 1998. Dr. Fladell was in attendance and stated that of the five names he'd submitted for consideration, he preferred Marty Fladell Drive, in honor of his father. Staff concurred with this choice. The Board recommended 7-0 to change the name of the street from DonFrancisco's Way to Marty Fladell Drive. By motion, approve the request to change the name of DonFrancisco's Way to Marty Fladell Drive. Attachment: · P & Z Board Staff Report IJ PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: NOVEMBER 16, 1998 AGENDA ITEM: III.A. STREET NAME CHANGE--DONFRANClSCO'S WAY (CONTINUED FROM THE MEETING OF OCTOBER 19, 1998) The item before the Board is the recommendation to the City Commission regarding a request to change the name of a local street from DonFrancisco's Way to one of five alternate names. Pursuant to LDR Section 6.1.12: alt shall be the duty of the City Planning and Zoning Board to recommend the designation of names and numbers for streets and it shall be the duty of the City Commission to finally determine the designation of names and numbers for streets, and the Commission shall not be bound by the recommendation of the Planning and Zoning Board." In 1989, the City held a "Street Name Auction" as a fund-raiser for Old School Square. Fourteen local streets and alleys were offered for naming, with the choice of names going to the highest bidders. Dr. Andre Fladell was the successful bidder for three of the streets, one of which was NW 1st Street east of Congress Avenue (see location map). The request was to change the name of this one-block street to DonFrancisco's Way, in honor of Perry DonFrancisco (owner of Boston's on the Beach). The other two streets were renamed Fladell's Way (formerly Avenue F) and Dr. Andre's Way (formerly SW 2nd St.). In August of this year, the Planning and Zoning Board and City Commission considered amendments to the City's adult entertainment regulations. The resulting publicity called attention to the fact that because of zoning and Iocational restrictions, adult entertainment establishments are only permitted in the vicinity of NW 18th Avenue and DonFrancisco's Way. Subsequent to the appearance of several newspaper articles on this subject, Mr. DonFrancisco stated his desire to have his family's name removed from this section of roadway. The formal request to change the street name from DonFrancisco's Way to one of five alternate names was made by Dr. Fladell (see attached letter of request). The item is now before the Board for consideration. On January 25, 1994, the City Commission adopted the following policy: alt is the policy of the City Commission of the City of Delray Beach, F/o/fda not to entertain requests for the changing of street names in order to recognize or honor individuals." The adoption of this policy was in part due to problems'that were experienced in the renaming of streets for the Old School Square auction. Subsequent requests for name changes had not been well received, and the Commission wanted to deter future requests from being made. P&Z Memorandum Staff Report Street Name Change - DonFrancisco's Way Page 2 The alternate names proposed by Dr. Fladell are as follows: · Prince Andre's Road · Andreland Road : · Andre's Image Road · Andre's Fun Road · Marry Fladell Drive All five of these names recognize an individual (either Dr. Fladell or his father, Marry), and are inconsistent with the current policy. The policy was not in place at the time of the auction, and an exception could certainly be justified in this case. Dr. Andre was asked if he would accept a refund of the amount of his bid in exchange for changing the name of the street back to NW 1't St., but he declined (see attached letters). Of the five names suggested, staff feels that Marry Fladell Drive is the most appropriate. Per LDR Section 5.3.1(2), "In no case shall new streets have names or numbers which duplicate or which are phonetically similar to existing street names, regardless of the prefix or suffix used e.g. "avenue; "boulevard"...etc." The primary reason for this restriction is to avoid confusion with regard to emergency services. As previously noted, there are currently two streets in town named for Dr. Fladell: Dr. Andre's Way and Fladell Way. The Fire Department has indicated that none of the five proposed names create a problem with respect to those existing streets, and they have no objection to the name change. :. 1. Recommend to the City Commission approval of the street name change from DonFrancisco's Way to one of the five names proposed by the applicant. : 2. Recommend to the City Commission approval of the street name change from DonFrancisco's Way to an alternative name such as NW 1st Street. 3. Recommend denial of the street name change. " Board discretion. _ Attachments: · Location Map · Letter of Request for Street Name Change ... · Letter to Dr. Fladell from Diane Dominguez · Letter of Response from Dr. Fladell - N.W. 15T ST. CISCO'S ROYAL COMM. 9~ PLAZA CHEVRON NUF- SHAW TRUCKING RINKER MA TERIALS CONGRESS SQUARE ~ 'STREET NAME CHANGE C~T¥ OF DEl..RAY I~AO'I, FL. -~'-... PLANNING &: ZONINGDEPARTMENT -- D/G,/'/'AL ,dT,,qS'E' MAP $)'5'7'E'~ -- MAP REF: IMAGO City of Delray Beach Attn: Robert A. Barcinski, ACM 100 NW 1 st Avenue Delray Beach, Florida 33445 Dear Bob, As you are aware, through my donations to Old School Square a number of years ago, I was able to name three (3) streets in Delray Beach. As we discussed, due to personal reasons, I wish to rename one of the streets, DonFrancisco Way. The five choices I am offering for consideration for the name change are as follows: Prince Andre's Road/Street/Lane/Way Andreland Road/Street/Lane/Way Andre's Image Road/Street/Lane/Way Andre's Fun Road/Street/Lane/Way -- Marry Fladell Drive As the donor I feel I might have some standing in this request. /ts my understanding that the names I am submiting are not similar to other named streets, so as not to confuse essential services. These names are not similar in any fashion. 1 would also a~ee to reimburse the business using the street name as a mailing address (Continental Concrete, Inc.) up to $300. to help defray their business expenses associated with a name change. I request that this letter be forwarded through the City's review process. The City's assistance in this matter would be greatly appreciated. Sinc~~3~-~~// Andre Fladell DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 Ail-America City 1993 Dr. Andre Fladell 1642 South Federal Highway Delray Beach, Florida 33483 RE: Proposed Street Name Change - Don Francisco's Way Dear Dr. Fladell, Staff has reviewed your letter of request to change the name of the above referenced street. We understand the circumstances surrounding the request, and are not opposed to changing the street name. However, on January 25, 1994, the City adopted the following policy: "It is the poficy of the City Commission of the City of Delray Beach, Flodda not to entertain requests for the changing of street names in order to recognize or honor individuals. This policy was adopted in part due to problems that were experienced with the renaming of streets as part of the Old School Square auction. An exception could be granted in your case, since the policy did not exist at the time that Don Francisco's Way was named, however, our preference would be to adhere to the policy. Therefore, we would like to change the name back to NW 1st Street, and offer you a refund of the $1,500 fee that you paid back in 1989. If that is not acceptable to you, perhaps you could suggest alternative names that do not conflict with the adopted policy. Thank you for your consideration of these suggestions. The Planning and Zoning Board will hear your request at the meeting of October 19, 1998. Your response to this letter prior to that meeting would be appreciated. If you ha~/e any questions or comments, please contact me at 243-7040. Sincerely, Diane Dominguez, AICP Director of Planning and Zoning C: Bob Barcinski, Assistant City Manager MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MJ~AGER~ SUBJECT: AGENDA ITEM ~'~ - REGULAR MEETING OF DECEMBER 1, 1998 SPECIAL EVENT APPROVAL/BUD LIGHT BEACH VOLLEYBALL TOURNAMENT DATE: NOVEMBER 24, 1998 This is before the Commission to approve a request from Exclusive Sports Marketing for special event approval to allow a Bud Light Beach Volleyball Tournament to be held at the municipal beach on Saturday, December 12, 1998, from 9:00 a.m. until 4:00 p.m. Details are outlined in the attached memorandum from Mr. Weldon. There will be no impact on Ocean Rescue staffing nor will the City have to provide anything for the tournament. Exclusive Sports Marketing will make a $250.00 donation to the Ocean Rescue Division. We have hosted similar volleyball events in the past which have been very successful. Recommend approval of the request to hold a Bud Light Beach Volleyball Tournament at the municipal beach on December 12, 1998. ref:agmemo9 Agenda Item No.: ~'~ AGENDA REQUEST Date: Nov. 23~ 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 1, 1998 Description of agenda item (who, what, where, how much): Request approval to host Bud LiEht Beach Volleyball Tournament on our municipal beach on December 12, 1998 from 9:00 AM to 4:00 PM. There would be no impact on Ocean Rescue staffing and the City would not have to provide anything for this tournament, Exclusive Sports Marketing would donate $250 to the Ocean Rescue Division. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: ~~ ~ Determination of Consistency~~th Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved £1TV I)F I)ELIII:IV BEI:IrH DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 Ali-America City 1993 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bud Light Beach Volleyball Tournament - December, 1998 DATE: November 24, 1998 Attached please find a letter from Exclusive Sports Marketing concerning the Bud Light Beach Volleyball Tournament they would like to have on our beach December 12, 1998 from 9:00 AM to 4:00 PM. As you know, in the past they have held a much larger tournament on the beach in the springtime that required the use of our stage, bleachers, parking, etc. This is a much smaller tournament; they do not require any of those amenities. They are requesting signage on the beach and permission for one (1) 10' X 10' tent. They will name us as additional insured on their insurance policy, and will pay $250 to our competition team. I recommend approval and request you place this on the December 1, 1998 consent agenda for City Commission consideration. Di~ctor of Parks and Recreation Attachment cc: Nilza Madden, Agenda Coordinator Rich Connell, Beach Supervisor JW:cp Ref: decvolly THE EFFORT ALWAYS MATTERS Printed on Recycled Paper SPo~e Providing the Best in Recreation & Sports Entertainment 12 November 1998 Joe Weldon City Manager City of Delray Beach 340 South Ocean Boulevard Delray Beach, FL 33483 Joe: This letter is for the purpose of requesting permission for the Bud Light Beach Volleyball Series to hold a very small one-day beach volleyball tournament in Delray Beach. We would like to hold this event on Saturday, December 12, 1998. It would be our intention to hold the tournament at the existing courts just to the north of the terminus of Atlantic Avenue.. The tournament will consist of three (3) beach volleyball courts, a few (less than 30) ball catchers, and one (1) 10' x 10' "pop-up" tent. The field for this tournament will be limited to just thirty (30) players who will make up fifl~een (15) two-person teams. This invitational tournament would start at 9:00 am and conclude at about 4:00 pm. The Bud Light Beach Volleyball Series would like to make a donation in the amount of $250.00 to the Delray Beach Lifeguards for the use of the beach on December 12. This donation would be in lieu of the request for an increase from $500.00 to $750.00 in our donation made for our Spring tournament which we plan to hold in April of next year. In total we would be happy to present the Delray Beach Lifeguards with donations in the amount of $750.00 for the three days which we would like to use the beach during these two events.. I will call you next week to follow up on this matter. If you need to contact me, I may be reached at 241-3801, extension 103. Event Manager cc: Gary Hallas, General Manager g7;o- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF DECEMBER 1, 1998 SERVICE AUTHORIZATION #9/DAVID MILLER & ASSOCIATES (POLICE DEPARTMENT EVIDENCE STORAGE BUILDING) DATE: NOVEMBER 25, 1998 This is before the Commission to approve Service Authorization #9 in the amount of $21,500.00 with David Miller & Associates for consulting services related to the design and construction administration of the new evidence storage building at the Police Department. The scope of work includes preliminary design, contract documents and construction administration for the new storage building. Also included is the conversion of the existing evidence storage room into an exercise area and remodeling the current physical fitness area. Funding will be from 334-6111-519-62.10 (General Construction Fund - Buildings). Recommend approval of Service Authorization #9 with David Miller & Associates for the Police Department evidence storage building. ref:agmemol0 Agenda Item No. _~ AGENDA REQUEST Date: November 24, 1998 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: December 1, 1998 Description of item (who, what, where, how much): Staff request the City Commission approve Service Authorization #9 to David Miller & Associates, P.A., in the amount of $21,500.00 for the design development and contract documents for the construction of a new Evidence Storage Building at the Police Department. Services include preliminary design through construction administration. Funding is available from 334-6111-519-62.10, General Construction Fund/Buildings. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Service Authorization #9 to David Miller & Associates in the amount of $21,500.0 for consultant services in developing contract documents for the con.str[)ction of~kn .E. vide.n~ Stp~ge Building. / / , Department head signature: ( (~ .'-~ ~~ i l-g.'~- Determination of Consistency with (~(~m~ehensive Plan:"-'-- - City Attorney Review/Recommendation if applicable): Budget Director Review (re..q~d on all items involving expenditure of funds): Funding availablex~_.S/NO Funding alternatives (if applicable): Account No. & Description 334-6111-519-62.10, General Construction Fund / Buildings Account Balance ~ City Manager RevieW:for ~-'~-~' Approved agenda: ( ¥~-~'/NO Hold Until: ~ ~/! Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...\99016~agreq1201 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Victor aajtenyi Assistant Construction Manager Date: November 24, 1998 Subject: AGENDA REQUEST for 12/01/98 Police Department Evidence Storage Building Project No. 99-016 Attached is an Agenda Request for City Commission to approve a Service Authorization for consulting services in developing construction documents for the police department's new Evidence Storage Building. This Service Authorization #9 is to David Miller and Associates, P.A., for a total of $21,500.00 for providing services including preliminary design, cost estimates, final design, contract documents, and construction administration. The service authorization also includes converting the existing evidence storage room into an exercise area, and consequently, remodeling the existing physical fitness area. The itemized fees in this service authorization are representative of two separate scope of services due to the phasing of the activities (bid as separate construction projects). A copy of the Service Authorization is attached for your review. Staff recommends City Commission approve Service Authorization #9 to David Miller & Associates, P.A. in the amount of $21,500.00 for consulting services in developing plans and specifications for the construction of a new Evidence Storage Building. Funding is available from 334-6111-519-62.10, General Construction Fund/Buildings. cc: David Junghans; Admin. Services Director, Police Dept. Dick Hasko; Director of ESD Howard Wight; Director of Construction, ESD File 99-016 (A) s\...\99-016~agmem1201 .NOV--24--98 TUE 01:59 PM ~VI~ MILLER & ASSOC. 407~90460 ~_P. 02 CONSULTING SERVICE AUTHORIZATION DATE: CITY PROJECT NO. DM&A PROJECT NO. SERVICE AUTHORIZATION NO, FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE:_ Police .Department - a. Evidence. Storage.. and b. Exercise Area The Servic~ Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated February, 1996 between the City of Delray Beach and David Miller & Associates, P.A. I.a. PROJECT DESCRIPTION - Evidence Storage Building Preparation of preli, minary design and cost estimates for the City of Delray Beach Police Department Evidence Storage Building as well as preparation of construction and bid documents, The Scope of Services includes phases I through V, The project design will include the new building layout as depicted in the preliminary plans provided by the City of Delray Beach. I.b. PROJECT DESCRIPTION - Exercise Area Preparation of construction and bid documents as well as construction admirfistration for modification and improvements to the existing police department evidence room into an exercise area and remodeling of the existing physical fitness area. Scope of services includes phases I through V. The project design will follow the layout provided by the City of Delray Beach. II.a. SCOPE OF SERVICES - Evidence Storage Building The following scope of services is developed in accordance with the Standard Agreement for Architectural Services. Phase I through V - Included in this Services Authorization The specific portions of service include full architectural and standard engineering services including site design and construction administration for the new +/- 1,440 s.f, evidence storage building. ll.b. SCOPE OF SERVICES - Exercise Area The following scope of services in developed in accordance with the Standard Agreement for Architectural Services, Phase I through V - Included in this Services Authorization TI'~ specific portions of service include full architectural and standard engineering services including construction administration for the improvements to the existing police department evidence room as modification into an exercise area, and remodeling of the existing physical fitness area. P.05 III.a. BODGET - Evidence Storage Building Phase I- This phase of service is to be pravided on a lump sum basis of one thousand ($1,000.00) dollars Phases II and III- These phases of services are to be provided on a lump sum basis of seven thousand ($?,000,00) dollars. Phase IV- This phase of service is to be provided on a lump sum basis of one thousand ($I,000.00) dollars. Phase V- This phase of service is to be.p,rovided on an hourly basis up to four thousand ($4000,00) dollars. (Assumes four month construction duratiorQ Keimbursable Expenses will not be expected to exceed one thousattd ($1000,00) dollars. III.b. BUDGET - Exercise Area Phases I- III - These phases of service are to be provided on a lump sum basis of four thousand ($4,000,00) dollars. Phase IV- This phase of service is to be provided on a lump sum basis of one thousand ($1000100) dollars. Phase V- This phase of selwice is to beipr~vided on an hourly basis up to two thousand ($2000.00) dollars. (Assumes two month construction duration.) Reimbursable Expenses will not be expected to exceed five hundred ($500.00) dolla/s. lV.a. COMPLETION DATE - Evideuce Storage Building Completion of'Phases I, II, and III within 90 days of'acceptance by the City. IV.b. COMPLETION DATE - Exercise Area Completion of Phases I, II, and HI within 60 days of acceptance by the City. · NOV~24--98 TUE 02:00 PM ~AVI~ MILLER ~ ASSOC. 407~590460 .... P.04~ This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of services rendered in the previous phase or as erxcompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, thc City may terminate the contract without incurring any ~urther liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELKAY BEACH: David Mi[let & Associates, P.A.. Date Date David R. Miler, President Witaess Witness STATE OF FLORIDA COUNTY OF PALM BEACH The following instrument was acknowledged before me this ~ day of .~..,~ by David R. Miller of David Miller & Associates, P.A. a Florida Corporation, on behalf of the corporation. He is personally known to me and did not take an oath. Signature of Person Taking Acknowledgment Signature of Acknowledger (typed. printed or stamped) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~.~- REGULAR MEETING OF DECEMBER 1, 1998 RESOLUTION NO. 74-98 DATE: NOVEMBER 24, 1998 This is a resolution assessing costs for abatement action required to remove nuisances on ten (10) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 74-98. ref:naagmemo RESOLUTION NO. 74-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty- two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Co~mission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual ~ounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the s~e extent as the lien for general city taxes and shall be collectible in the s~e manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. 2 Section 3. That the City Clerk of the City of Delray Beach is hereby directed to ~mmediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1998. MAYOR ATTEST: City Clerk COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELRAY, LOT 3, BLOCK 47, PB 12, P 81, ROBERT G. ALLEN & $ 51.00 PUBLIC RECORDS OF PALM BEACH COUNTY, FL PATRICIA ALLEN 70.00 ADM. FEE (206 SW 2r~D AVENUE) 206 SW 2r~D AVENUE DELRAY BEACH, FL 33444 NICHOLS 2~r' ADD TO DELRAY BEACH, LOT 14, PB MOLLIE K. BOWLES 21, P 70, PUBLIC RECORDS OF PALM BEACH GUARDIANSHIP PROG OF DADE CTY. $134.00 COUNTY, FL 8350 NW 52 TERRACE 70.00 ADM. FEE (304 SW 7TM STREET) MIAMI, FL 33166 SEC. 12-42-46, TH PT OF W 1/2 OF NE 1/4 LYG S OF SABAL LAKES DRIVE, N OF L-31 CANAL BEING COURY INVESTMENT, LTD $175.00 ELY 755.75 FT OF WLY 795.75 FT (LESS E 1/2 OF SW P.O. BOX 343914 70.00 ADM. FEE 1/4 OF SW 1/4 OF NE 1/4 & PARS IN OR 3241, P 3241 CORAL GABLES, FL 33114 & P 324 & 326) A/K/A PROPOSED PH 4 SABAL LAKE, PB 171, P 28, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (SABAL LAKES ROAD) TOWN OF DELRAY, LOT 26, BLOCK 81, PB 11, P 32, CONRAD D. MIKULEC & PUBLIC RECORDS OF PALM BEACH COUNTY, FL PATRICIA MIKULEC $51.00 (382 NE 3R~ AVENUE) 2552 SO. FEDERAL HWY. #10 70.00 ADM. FEE BOYNTON BEACH, FL 33435 J. D. MONROE & ATLANTIC PARK GARDENS, DELRAY, LOT 19, EARLINE MONROE $51.00 BLOCK 2, PB 14, P 56, PUBLIC RECORDS OF PALM 32 EARLE STREET' 70.00 ADM. FEE BEACH COUNTY, FL HARTFORD, CT 06120-1714 (39 SW 13TM AVENUE) SOUTHRIDGE, LOTS 17 TO 20, INC, BLOCK l, PB MANUEL MOREDA & $53.00 13, P 38, PUBLIC RECORDS OF PALM BEACH ESTERVINA MOREDA 70.00 ADM. FEE COUNTY, FL P.O. BOX 1953 (REIGLE AVENUE) DELRAY BEACH, FL 33447 TOWN OF DELRAY, LOT 5, BLOCK 99, PB 2, P 21, ROBERT D. RIDGLEY & PUBLIC RECORDS OF PALM BEACH COUNTY, FL SUSAN A. RIDGLEY $34.00 (NE 4TM AVENUE) 210 PALM TRAIL 70.00 ADM. FEE DELRAY BEACH, FL 33483 LAKE 1DA SHORES, LOT 8 (LESS N 20 FT) BLOCK 3, NETWORK FINANCIAL CORP PB 25, P 54, PUBLIC RECORDS OF PALM BEACH 9100 GRIFFIN ROAD $59.00 COUNTY, FL COOPER CITY, FL 33328-3540 70.00 ADM. FEE (532 NW 8TM AVENUE) 4 Res. No.74-98 ATLANTIC GARDENS DELRAY, LOT 1, BLOCK 9 ANNIE M. WATT & $ 230.00- (PB 14, P 63), PUBLIC RECORDS OF PALM BEACH MAGGIE L. WATT 70.00 ADM. FEE COUNTY, FL 336 SW 5TM AVENUE (SW I 1TM AVENUE) DELRAY BEACH, FL 33444 SOUTHRIDGE, LOTS 14 TO 16, INC., BLK 1, PB 13, MANUEL MOREDA & $51.00 P 38, PUBLIC RECORDS OF PALM BEACH ESTERVINA MOREDA 70.00 ADM. FEE COUNTY, FL P.O. BOX 1953 (REIGLE AVENUE) DELRAY BEACH, FL 33447 VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. Res. No.74-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY lvI32XlAGER~-~t SUBJECT: AGENDA ITEM~'~'- REGULAR MEETING OF DECEMBER 1, 1998 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 24, 1998 Attached is the Report of Appealable Land Use Items for the period November 16th through November 25, 1998. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. ref:apagmemo TO: DAVID T. HARDEN, CITY MANAGER ~~^(~~ ~ THRU: DIANE DOMINGUEZ, DIRECTOR OF PLANNINGAND ZOI~ING~V~/ FROM: JASMIN ALLEN, PLANNER~/~'/~ ~ SUBJECT: MEETING OF DECEMBER ~, 1998 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 16,-- 1998 THRU NOVEMBER 25, 1998 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of November 16, 1998 through November 25, 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. Determined on a 7 to 0 vote, that ornamental cast stone manufacturing is similar to the conditional uses within the MIC (Mixed Industrial and Commercial) zone district. No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. City Commission Documentation Appealable Items Meeting of December 1, 1998 Page 2 · Recommended approval on a 7 to 0 vote, that the street name for Don Francisco's Way be changed to Marty Fladell Drive. · Recommended approval (7 to 0), of a combined preliminary/final plat for a proposed 10-unit townhouse development for Windsor Court, located at the southwest corner of Gleason Street and Bay Street. · Recommended approval (7 to 0), of a conditional use modification to allow additional automobile paint, body and repair facilities within the Stor-Rite Complex, located on the south side of Dr. Andre's Way (SW 2nd Street) approximately 310 feet east of Congress Avenue. · Recommended approval (6 to 1, Bird dissenting) of an abandonment of the east-west alleyway within Block 1, Kenmont Subdivision, lying 155 feet north of Bond Way, between NE 9th Avenue and Palm Trail. · Recommended approval (7 to 0), of a Future Land Use Map amendment from (County) MR-5 (Medium Density Residential 5 du/ac) to (City) General Commercial and annexation with initial zoning of GC (General Commercial) for Boca Delray Animal Hospital, located at the northeast corner of Military Trail and Jefferson Road. · Recommended approval (7 to 0), of a conditional use request to allow the expansion of a veterinary clinic for Boca Delray Animal Hospital, located at the northeast corner of Military Trail and Jefferson Road. · Recommended approval (7 to 0), of an amendment to the Land Development Regulations Section 4.6.16 Landscape Regulations regarding the types of plant materials that can be located within utility easements. 1. Approved (4 to 0, Fowler and Branning absent), the master sign program for the Delray Commons shopping center located at the southwest corner of West Atlantic Avenue and Military Trail. 2. Tabled (4 to 0), the Class V site plan, architectural elevation plan and landscape plan for Callaway Industrial Building, a proposed 2,400 sq. ft. industrial building, to be located at the southwest corner of West Atlantic Avenue and McNab Avenue. The item was tabled to allow the applicant to accommodate a redesign and to ensure that there will be adequate area for the septic system. City Commission Documentation Appealable Items Meeting of December 1, 1998 Page 3 3. Approved (4 to 0), a Class II site plan modification associated with changes to the parking aisle and entranceway for Delray's Lost Drive-In (fka Delray Swap Shop), located on the east side of North Federal Highway, approximately 500 feet north of Allen Avenue. Concurrently, the Board granted a waiver to allow two parking lot aisles to be increased from 26' (maximum) to 30'. X. Approved (5 to 0, Hurlburt absent, Ames arrived late) a request for a Certificate of Appropriateness to allow the construction of a new single family residence (Mannweiler Residence), located on the north side of NE 7th Street between North Swinton Avenue and NE 2nd Avenue. The Board granted a variance to reduce the front setback from 30' to 25' and the side setbacks from 10' to 7.5'. Also, the Board granted a waiver reducing the required 5' landscape strip between the driveway and the abutting property line to 3'. Y. Denied on a 3 to 3 vote, a request for a Certificate of Appropriateness to allow a change in the material for the exterior siding from wood clapboard to vinyl for Ann's Quality Grooming, located at the northwest corner of rd st st NE 3 Street and NE I Avenue (302 NE 1 Avenue). Z. Approved (6 to 0), a request for a Certificate of Appropriateness to change the exterior color for a single family residence and painting a perimeter fence, located at 228 NE 5t~ Street. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CULF STREAM BL,,O. CITY COMMISSION MEETING OF DECEMBER 1, 1998 L-50 CANAL ? L ...... N.W. 2ND .q $.~. 2N~ ATLANTIC LOWSON BOULEVARD LINTON BOULEVARD BOULEVARD L. .... i ! I I i-- ..... J L-58 CANAL C-15 CANAL CITY LIMITS ........... S.P.R.A.B.: H.P.B.: 1. - DELP, AY COMMONS X. - MANNWEILER 2. - CALLAWAY INDUSTRIAL BUILDING Y. - ANN'S QUALITY GROOMING I MILE I ,.3. - OELRAY'S LOST DRIVE-IN Z, - 228 N.E. 5TH STREET I I (FORMERLY THE DELRAY SWAP SHOP) SCALE CITY OF DELRAY BEACH, FL PLANNING DEPARTMENT -- OIGI~TAL SASE MAP SY~jTEM -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~4/~ SUBJECT: AGENDA ITEM ~" REGULAR MEETING OF DECEMBER 1, 1998 AWARD OF BIDS AND CONTRACTS DATE: NOVEMBER 24, 1998 This is before the City Commission to approve the award of the following bids and contracts: (1) Bid award to multiple vendors via Palm Beach County Co-op Bid (Delray Beach is lead entity) for the purchase of chemicals and fertilizer at an estimated annual cost of $160,415.20, with funding from Parks and Recreation, Municipal Golf Course and Lakeview Golf Course operating budgets (line item 52.26 - Gardening Supplies). (2) Bid award in the amount of $104,960.72 to National Ambulance Builder, Inc., via City of Boca Raton bid, for the purchase of a 1998 Navistar International heavy duty fire/rescue vehicle, with funding from 501-3312-591-64.20 (Garage - Vehicle Replacement). (3) Bid award in the amount of $68,080 to Shortway Lines of Florida, Inc. for bus rental and driver service for programs in the Parks and Recreation Department, with funding from 115-4912-572-55.30 ($11,700/Special Projects - Football Supplies), 001-4106-572-44.90 ($43,330/Summer Day Camp - Other Rental/Lease Costs), 001-4105-572-44.90 ($7,200/After School Program - Other Rental/Lease Costs), and 001-4121- 572-44.90 ($7,500/Athletics & Special Events - Other Rental/Lease Costs). (4) Purchase award in the amount of $27,623.00 to Data Flow Systems, Inc., sole source provider, for the purchase of electrical components used to construct radio transmitting units (RTUs) for installation at the golf course wells and generators to replace the existing hard wire system, with funding from 441-5122-536-64.90 (Water Treatment & Storage - Other Machinery/Equipment). (5) Lease agreement with Saturn of Delray Beach for nine (9) 1999 Saturn SL-ls to replace existing vehicles used by the Police Department's C.O.P. (Citizens On Patrol) program at a cost of $199.00 per vehicle per month for 39 months, for a total annual cost of $21,492.00, plus tags. Funding will be from 001-2113-521-44.40 (Police Dept. Support Services). Recommend approval of the bid and contract awards listed above. ref:agmemo8 Agenda Item No.: ~,'7"/- AGENDA REQUEST Date: November 23, 1998 Request ~o be placed on: Consent XX R~4~-r- Agenda Special Agenda Workshop Agenda When: December 01. 1998 Description of agenda i%em (who, what, where, how much): Bid Award- Bid #98-56 - Co-op Bid - Chemicals and Fertilizers - Annual Contract. Award to various vendors as stated on the Award Recommendations - at an estimated annual cost of $160.415.20 for the City of Delray Beach. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to various vendors for the Co-op Bid For Chemicals and Fert~lJ~.erm at an m.~timmtmd ~nn,l~] co,gt of $160:A1.5.?0 for th~ City of Delray Beach. Funding from Parks and Recreation. Delray Municipal Golf Course. and Lakeview Golf Club operating budget account codes. 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: Account No. Descripti~.~ Account Balance:, City Manager Review: ApprovedHold Until for: agenda:Y~ NO~ Agenda Coordinator Review: Received: Ac tion: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn Rooney, Purchasing Supervisor(~ /? THROUGH~obert A. Barcinski, Asst. City Manager DATE: November 23, 1998 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING DECEMBER 01, 1998 - BID AWARD - BID #98-56 CHEMICALS AND FERTILIZERS - CO-OP BID Item Before Commission: City Commission is requested to make multiple awards to low responsive bidders as stated below, at an estimated annual cost of $160,415.20 for the City of Delray Beach. Background: The City of Delray Beach is the lead entity for this Palm Beach County Co-operative Bid. Bids were received on October 16, 1998, from twelve (12) vendors all in accordance with City purchasing policies. (Bid #98-56. Documents on file in the Purchasing Office). A tabulation of bids is attached for your review. On November 05, 1998, a meeting was held with Tom Arendt, Delray Beach Municipal Golf Course, Tim Simmons, City of Delray Beach Asst. Superintendent Parks Maintenance, Dan Miller, City of Boynton Beach Golf Course, and City of Delray Beach Purchasing Supervisor, to review and evaluate the bids received (See attached Award Recommendations). The recommended awarded vendors for the City of Delray Beach are as follows as stated on attached City of Delay Beach Requirements breakdown per item: Vendor: Est. Annual Amount: Terra International Inc. $ 18,189.75 Helena Chemical Co. $ 6,292.80 Parkway Research Corp. $ 2,818.50 Lesco, Inc. $103,499.75 CPI Colonial Products Inc. $ 1,344.30 Harrell's Inc. $ 7,725,00 Timberland Enterprises $ 1,923.60 Atlantic F.E.C. $ 3,621.50 United Horticultural $ 3,500.00 Scotts Company $ 11,500.00 Total Estimated Annual Cost $160,415.20 a'.//./ Recommendation: Staff recommends award to various vendors as stated in the Award Recommendations for the Co-op, and the City of Delray Beach Requirements at an estimated annual cost of $160,415.20 for the City of Delray Beach. Funding from the Parks and Recreation Department, City of Delray Municipal Golf Course, and Lakeview Golf Club operating expense budget account codes. Attachments: Tabulations of Bids Award Recommendations City of Delray Beach Requirements cc: Joe Weldon, Director Of Parks And Recreation Tom Arendt, Delray Beach Municipal Golf Course Brahm Dubin, Delray Beach Municipal Golf Course Co-op Members [IT¥ I]F DELRrI¥ BER[H DELRAY BEACH 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 243-7000 (561) AII-AmericaCity 1993 TO: David T. Harden, City Manager FROM: CRobert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING 12/1/98 BID AWARD - FIRE RESCUE VEHICLE DATE: November 23, 1998 A C TION City Commission is requested to approve a bid award with National Ambulance Builder, Inc., under the City of Boca Raton Bid #97-054 for a heavy duty rescue transport vehicle in the amount of $104,960.72. Funding is available in account #501-3312-591-64.20 "City Garage-Vehicle Replacement." BACKGROUND The Fire Department is proposing to replace vehicle #9161, a 1991 Ford E-350, with a Navistar International. The replacement vehicle is available through the City of Boca Raton bid at the same price as the vehicle we ordered last summer. We do not anticipate delivery until October, 1999. I have also been informed by Chief Widgerson that if we wait to order this vehicle, the price will be going up by about 10%. RECOMMENDATION Recommend the purchase of a 1998 Navistar International heavy duty fire/rescue vehicle under the City of Boca Raton bid #97-054 in the amount of $104,960.72, with funding from account #501-3~ 12-591-64.20. RAB: kwg cc: Hoyt Owens Chief Rehr File:u:graham/misc Doc.:FireRsc. Bid THE EFFORT ALWAYS MATTERS Printed on Recycled Paper , Agenda Item No.: . ~ AGENDA REQUEST Date: 11/23/98 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When: 12/01/98 Description of agenda item (who, what, where, how much): Approve the purchase of a Navistar International Heavy, Fire Rescue vehicle from National Ambulance Builder, Inc., under the, City of Boca Raton Bid #9?-054 in the amount of $104~960.72 (includes trade-in). FundinE is ~vailable in account #$01-3312-591-64.20. ORDINA/qCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend a. pproval as a replacement for vehicle 9161, 1991 Ford E-350 Department Head Signature: - /~/4~&L~ Determination of Consistency with Comprehensive Plan: N/A City Attorney Review/ Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO Funding alternatives: (if applicable) Account No. & Description: City Manager Review: Approved for agenda: ~/ NO ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved [ITY OF EIELIlI:IY BE;I[H FIRE DEPARTMENT SERV,NG DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH DELRAY BEACH ~ MEMORANDUM Ali. America City 1993 FROM: ROBERT B. REHR, FIRE CItIEF DATE: NOVEMBER 18, 1998 SUBJECT: VEHICLE REPLACEMENT FY 98-99 I am requesting that we proceed with the planned FY 98-99 vehicle replacement purchase of the third International Navistar, heavy duty, rescue transport vehicle from the joint bid we had with the City of Boca Raton, Bid No. 97-054. This will complete the process of purchase of three rescue units, for the same price, over a three year period and in three separate FY budgets. Vehicle 9161, a 1991 Ford E-350 is the unit to be replaced for the needed upgrade of a vehicle with a GVW of 10,000 ponnds to one with a GVW of 17,000 ponnds. This heavy duty vehicle saves on the maintenance cost of tires, brakes and air conditioning and has proven to be better suited for the increased number of transports we are providing. The new units also provide a smoother ride for the patient as well as a separate roof mount for air conditioning in the patient compartment. There is also more access room in the patient compartment to take care of personnel and equipment needed to work. I have prepared Requisition No. 67166 in the amount of $104,960.72, taking the option of a trade-in on a reserve rescue unit. In order to take advantage of the lowest bid we had in Spring 1997, where the next lowest bid was $15,000 higher, the Purchase Order must be submitted by December 15, 1998. After this date we will have to go through the bid process and expect an increase in cost of at least $20,000 or more. We would anticipate delivery on this unit approximately in the fall of 1999. Your concurrence with this purchase will be appreciated. RBR/mmh cc: Robert Barcinski, Asst. City Manager Hoyt Owens, Dep. Dir. Public Works FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper Agenda Item No.: ~f~_v AGENDA REQUES~ Date: November 19~ 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 2, 1998 Description of agenda item (who, what, where, how much): Request awarding Bid #99-01, bus rental and driver service for pro~rams in the Parks and Recreation Department, to Shortwav Lines of Florida, Inc. in the amount of $68.080. Fund.~ ara available as follows: ~11~700 - account #115-4912-572-55.30~ $43,330'- account #001- 4106-572-44.90; $7~200 - account #001-4105-572-44.9~; $7~,500 - account #001-4121-572- ~ v' ~ ~' 44.90. ORDIN3kNCE/ RESOLUTION REQUIRED: YES N~ Draft Attached: YES/NO Recommendation: Award Bid #99-01 to Shortway Lines of Florida, Inc. Department Head Signature: Determination of Consistenc/w~Ch~omprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~)NO Funding alternatives: ~ (if applicable) Account No. & DesCription: Account Balance: City Manager Review: a en a: Agenda Coordinator Review: Received: Action: Approved/Disapproved DELRAY BEACH Parks (5' Recreation MEMORANDUM TO: David Harden, City Manager FROM: Rodger R. Ribeiro, CLP, Recreation Superintendent THROUGH: Joe Dragon, Acting Director of Parks and Recreation SUBJECT: Bid #99-01: Bus Rental and Driver Service DATE: November 19, 1998 The Parks and Recreation Department has completed the formal bid process for Bid #99-01, bus rental and driver service. A total of four companies put in a bid: 1.) Shortway Lines 2.) Conway Tours, Inc. 3.) USA Tours 4.) Quality Transportation Shortway Lines was the apparent low bidder (see attached spreadsheet). Joe Dragon and I visited Shortway Lines' facility in Ft. Lauderdale on November 11, 1998. Coach buses and operations looked good. Shortway Lines had some concerns with the contract. 1.) Their drivers are independent contractors (see attached) and Shortway Lines would not be required to provide Workman's Compensation. This was approved by Frank Babin, Risk Management Officer. 2.) Shortway Lines also requested a one million-dollar automobile insurance policy instead of a five million-dollar policy. Per Frank Babin, Risk Management Officer, we would still require the five million- dollar insurance policy. 3.) The contract initially requested handicapped buses/vans. We excluded them from this bid and will bid separately since coach bus companies overall cannot meet our needs. 4.) Shortway Lines is the only company whose bid offered a 5% discount if payment is made within 10 days. I would work with the Finance Department on a quick turnaround for payments on this account to take advantage of this discount. 50 Northwest 1st Avenue · Delray B each, Florid a 33444 (561) 243- 7250 ° Fax' (561) 243-7268 ,~. /"/'~ Jackie Rooney, Purchasing Supervisor, confirmed all references recommending Shortway Lines. The references were the City of Coral Springs, the City of Deerfield Beach, and Carnival Cruise Lines. The bid cost submitted by Shortway Lines for Youth Football, Summer Camps, Holiday Camps and Day Camps exceeded the amount budgeted. We have adjusted our bus needs to fit within the approved budget. The budgeted breakdown of costs is as follows: Youth Football - $11,700 from account #115-4912-572-55.30 Summer Camps - $43,330 from account #001-4106-572-44.90 Holiday Camps - $7,200 from account #001-4105-572-44.90 Day Camps $7,500 from account #001-4121-572-44.90 The total amount budgeted for buses and drivers is $69,730. The actual cost for using Shortway Lines is $68,080 or $1,650 under the budgeted amount. I am recommending the City accept the low bid of $68,080 for Shortway Lines for Bid #99-01. After your review and approval, I respectfully request that this item be placed on the December 2, 1998 agenda for City Commission consideration. Rodger R. Ribeiro, CLP Recreation Superintendent Attachments cc: Nilza Madden Agenda Coordinator Joe Weldon Director of Parks and Recreation RRR:cp Ref:dhrrrbus 0 o~ ~ 0 I~ 0 0 0 0 0 0 >~o o o o = o ~ 0 o ~ ~ o o = ~!g g g g Z Z Z o Z 0 ~0 0 0 5~ o o o s · o o ~ ~ ~ _ 0 z 0 FBOH :. SHORT~RY BUS LINES PHONE NO, : 9545234111 Nov. l~ 1998 11:18~N P2 SHORTWAY LINES OF FLORIDA, INC. POST O~CE BOX 1197 FORT LAUDERDALE, FL B3302-1197 (~54) 523-0300 (954) 523-4111 FACSIMILE WEBSITE: WWW. SHORTWAY.COM November 13, 1998 Roger R. Ribeiro,CLP Recreation Superint~dent Paxks &,l~.ecre~on City Of Defray Beach Delray Beach Fl 33444 Plea,~ b~ Mv/srod that all drivers ar~ inde~ ~ (please see copy of contract attached). Pursuant to Florida statute, we are exempt from work_er~' compensation. sure all drivers are ticket frc~. Should you reqtfire any additional information, please contaot me. Sin , ~ Blumkin FROM J~ ~HORTMAY BUS LIN~S PHON~ NO. : 9545234111 Now. 13 1998 ll:19AM P5 SHORTWAY LINES OF FLORIDA, INC. POST OFFICE BOX 3.197 FORT LAUDERDALE, FLORIDA 33302 (924) 523-0300 (954) 523-411 FAX Thi~ agreement is between . and 'Shortway Lines of Florida, Inc' (HEREIN "SHORTWAY") The above-n~med driver agrees to operate, a S~ORTWAY over-the-road co~ch on an individual-job basis. The above-n~raed driver agrees to operate a rHORTWAY coach in safe and courteous manner. The above-named driver will at all times ~aintain a point-free CDL Class A or B with P endorsement driver's license from the State of Florida. Any tickets given to the above-named driver are his/her responsibility. The above-named driver shall immediately notify SHORTWAY of ticke,~, s) or accident(s) incurred. Failure to notify SHORTWAY shall Vcause immediate removal from contractors' list~ The above-named d~iver shall provide the office with an inciden~ report for any accident and/or injury that occurs on the coach. It is further understood and agreed that the above-named driver is an independent contractor, not an employee of rHORTWAY. As such, there will be no withholding of Income Taxes, Social Security, Health Insurance, or Workers Compensation. There will be no unemployment insurance paid to the State Insurance Fund. Compensation received for work performed will be reflected on Form 1099 at the end of each calendar year. SHQRTWAY will not provide" .~ick leave, vacation pay, or be required to reimburse the above person for any persona! expense incurred in connection' with this agreement. The hours'and days worked are solely ~ithin his/her discretion. and within the limits of all State and Federal driving regulationm. Thi~ apreement may be terminated by either party, penalty. rHORTWA¥ LINES OF FLORIDA, INC. Charles S..81umkin Driver President AGENDA REQUEST Agenda Item No. ~ ~'~ Date: November 24, 1998 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: December 1, 1998 Description of item (who, what, where, how much): Staff requests Commission award a purchase order to Data Flow Systems, Inc. in the amount of $27,623.00 for purchase of electrical components used to construct Radio Transmittinq Units (RTU's) which will be installed at the 8 golf course raw water wells and the 2 generators. The new units will replace the existing hard wire system that is susceptible to transmitting interruptions from ground water intrusion. Funding is available from operatinq account # 441-5122-536.64-90, other machinery & equipment ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of purchase order to Data Flow Systems, Inc. in the amount~$~,/~.0.0~ ~) Department head signature:I ~ '~ ~ ~" ~[~4~~/k._ - ~_~ %%'~-9~ 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:E~NO Funding alternatives (if appl ic. abl .e ) , Account No. Des ription & FO Account Balance ~~~3 p~ ~ City Manager Review: //~ Approved for agenda: ~]/NO ~' ~' Received: Placed on Agenda: Action: Approved/Disapproved S: \EngAdmin\Projects\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.~ Deputy Director o.f.P'dblic Utilities DATE: November 24, 1998 SUBJECT: Golf Course Raw Water Wells Attached for Commission approval is an agenda request for award of a Purchase Order to Data Flow Systems, Inc.. This P.O. is for purchase of electrical components used to construct Radio Transmitting Units (RTU's) which will be installed at the 8 golf course raw water wells and the 2 generators. The new units will replace the existing hard wire system that is susceptible to transmitting interruptions from ground water intrusion. Data Flow Systems, Inc. is a sole source provider for our telemetry system due to the proprietary nature of the equipment and compatibility with the monitoring software therefore no additional quotes were sought. By purchasing the components separately and constructing the RTU's in house, the City will benefit from a savings of approximately $30,000. The total amount of the purchase order is $27,623.00 and funding is available from operating account # 441-5122-536.64-90, other machinery & equipment, budget transfer is attached. Please place this item on the December 1, 1998 Agenda for consideration by City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services S:\EngAdmin\Letters\Dan\dfsagen.doc Data Flow Systems, Inc. November 16, 1998 Quote No. 981116-01-CK Mr. Bob Bullard City of Delray Beach Fax: 561-243-7344 Dear Bob: Following is pricing for items as you requested. The items are offered as ship-only product and do not include shipping charges. card edge Buchanan card edge connectors ($52.00 ea.) 30 1,560.00 RIM006 Radio Interface Module ($1,095.00 ea.) 10 10,950.00 AMM002 Analog Monitor Module ($979.00 ea.) 7 6,853.00 DCM002 Digital Control Module ($710.00 ea.) 10 7,100.00 RF Pigtail 4" RF Pigtail ($30 ea.) 10 300.00 RTC400 Antennae Cables 12 ft ($25.50 ea.) 10 255.00 RTA407 Low Gain 3 Element Yagi Antenna ($94 ea.) 5 470.00 Address Strap 10 Pin SS Address Strap 10 n/c Address Strap 5 Pin SS Address Strap 20 n/c Antenna Rubber Duck Antenna ($30 ea.) 3 90.00 Adapter N-Type to BNC Adapter ($15 ea.) 3 45.00 Prices do not include shipping. Lead time is approximately 30 days ARO. Terms are NET 30. This quote will be honored for 90 days. Please feel free to give me a call with any questions or comments. Sincerely, Dat/a'/l'l~ow Systems, Inc. David S. Walker Jr. Sales Manager cus\delray~bu981116quo DataFlow Systems, Inc. * 659 Eau Gallie Blvd. * Melbourne, Florida32935 * PH:(407) 259-5009 * FAX(407)259-4006 Agenda Item No.: AGENT]A RJEQUEST Date: 11-24-98 Request to be placed on:, XX Regular Agenda Special Agenda Workshop Agenda When: Description of agenda item (who, what, where, how much): Approve a lease for nine (9~ Saturn eL-1 replacement vehicles for the Police Department COP Program with Saturn of Delray Beach at $199.00 per vehicle per month plus tags for 39 months total annual cost $21,492 with fundin~ from Police Department Acct 001-2113-521-44.40 ORDINANCE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO Recommendation: Department Head Signature:/~~~ i'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required om all items involving expenditure Funding available: ~ NO Funding alternatives: (if a~plicable) Account No. & Description: Account Balance: ~%~%~s~x~ City Manager Review: Approved for agenda: ~/ NO~ Hold Until:. Agenda Coordinator Review: Received: Action: Approued/Disapproved [lTV elF I ELAI:IY BEII[H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · (561) 243-7000 lll-,~erica City EM 0 R/ N D U M TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, DEC. 1999 LEASE APPROVAL - POLICE DEPARTMENT C.O.P. VEHICLES DATE: November 24, 1998 ACTION City Commission is requested to approve a thirty-nine (39) month lease with Saturn of Delray Beach for nine (9) 1999 Saturn SL-I's at a cost of $199.00 per vehicle, per month, to replace existing vehicles. Total annual lease cost is $21,492.00. Funding is available in Police Department Support Services account #001-2113-521-44.40. BACKGROUND In May, 1998, Captain Ross Licata submitted an employee suggestion to lease nine (9) Samm SL-1 vehicles as replacement for existing vehicles used in the C.O.P. program. This suggestion has gone through staff review and has been approved by the City Manager. Attached is a list of vehicles to be replaced, with related vehicle data. For fiscal year, 1998, the total vehicle rental and maintenance cost for the nine (9) vehicles was $41,653.00. The annual lease cost will be $21,492.00 plus cost of tags. Attached is a letter of commitment from Saturn of Delray Beach. The general terms of the lease are as follows: 1. $199.00 per month, plus initial tag cost per vehicle. 2. 39-month lease with 12,000 mile per year allowance 3. Full warranty 4. Two (2) annual services to include oil changes and tire rotation. 5. Anticipated delivery January, 1999. Additional quotes were received from Mears Motor Leasing for a Chevy Lumina, and Al Packard Ford for Ford Contours. The Lumina term was $285.44 per month, per vehicle, and A1 Packard quoted $325.00 per month, per vehicle, with $895.75 down per vehicle. The average annual mileage use per vehicle is approximately 8,000 miles. We do not anticipate exceeding THE EFFORT ALWAYS MATTERS Printed on Recycled Paper Agenda Item # Page 2 the mileage limit. The estimated annual savings if leasing these vehicles versus purchase is $20,000. RECOMMEND,4 TION Staff recommends approval of a thirty-nine (39) month lease agreement with Saturn of Delray Beach for nine (9) Saturn SL-I's in the amount of $199.00 per vehicle, per month, plus tag costs, total annual cost $21,492.00, with funding to come from the Police Department Support Services account #001-2113-521-44.40. RAB:kwg File:u:graham/cmgr Do¢.:LeaseVeh. COP C.O.P. Vehicles To Be Replaced Actual Maint Rental Unit # Make/Type Year Mileage FY 97-98 Charge 1005 Chevy Caprice 1990 84,376 $1,788 $3,240 1007 Chevy Caprice 1990 91,040 $1,653 $3,240 1010 Chevy Caprice 1990 92,036 $1,847 $1,200 1011 Chevy Caprice 1990 74,536 $1,353 $1,850 1117 Ford Escort 1991 72,440 $1,138 $1,150 1309 Ford Crown Vic 1993 91,271 $3,380 $3,600 1310 Ford Crown Vic 1993 89,283 $3,343 $3,600 1727 Ford Crown Vic 1987 85,937 $2,709 $1,610 1904 Ford Crown Vic 1989 86,865 $3,342 $1,610 $20,553 $21,100 FY 97-98 Total Maintenance and rental costs $41,653 file:allen/asmemos doc:copl12398 2850 S. Federal Highway Saturn of Delray Delray Beach, A Member of the Ed Morse Group Florida 33483 (561) 276-0400 November 25, 1998 Captain Ross Lieata Delray Beach Police Department 300West Atlantic Avenue Delray Beach, FL 33444 SATLRN Re: Citizen Observer Patrol Vehicles Dear Captain Licata We are pleased to assist your department by providing nine vehicles for the above-referenced program, as follows: 1. The vehicles would be Samm SL-1 four door models with automatic transmission, air conditioning and AM/FM stereo. 2. Subject to Lender's approval, for each car you would make 39 monthly lease payments at $199.00. Oil changes every 3000 miles and tire rotations every 6000 miles for 36 momhs would be included, and there would be no down payment required on the lease, other than the first payment and any tag and title fees at start. 39,000 miles would be allowed with no penalty. 3. We anticipate being able to physically deliver the ears to you during the month of January. The lease program mentioned above expires on December 31, 1998, but we are currently working with Saturn Corporation and GMAC to extend the program in order to meet your needs. You will not be obligated to complete the transaction if the terms change after December 3 I, I998 and become unacceptable. 4. The lender will require, at minimum, a certified financial statement on the City, sales tax exemption information, documentation regarding authority to execute documents and a GM fleet account number. We are eager to lend our support to your valuable program by getting this transaction completed expeditiously. Please keep me advised as to anything further which you may require. Acknowledged Sales Manager 05/15/98 04:42 'g~40757~4924 ~EARS LEASING ~ 002/002 MEARS MOTOR LEASING May 15, 1998 Cap;ain Ross Licata City of Del Ray Beach Police Department 300 W. Atlantic Blvd. Del l~,ay Beach, FI. 33~.~-a. Dea' Captain Licata, Mears Motor Leasing can provide the City of Del Ray Beach Police Department slightly used, (less than 15,000 miles and the remainder of the factory warranty) 199~1 Chevrolet Lumina 4-door sedans. The lease on a 36 month term, allowing for 15,000 miles per year, would be $285.44 per month. The payment does include the tag fee. The lessee is responsible for maintenance and all necessary insu~'ance. In doing comparisons with new vehicles, I feel these Luminas would be the best value. The window on acquiring these units is fairly narrow, so a prompt decision would be in your best interest. Tha~lks! David R. Pickard SALES * ,LEASING · SERVICE 3905 ITL REY ROAD, ORLANDO, FLORIDA ~2808 * FAX 407-578-4924 - PHONE 407-298-2982 Employee Suggestion Proposal NOTE: A1 Packer Ford in Lake Worth submitted a telephone bid on a lease proposal for 9 vehicles. Their proposal is as follows: 1998 Ford Contours (4 door sedans) 36 month lease $895.75 down, $325.00 per month, per vehicle. Contact person: John Riley, fleet sales (1-800-662-7683 ext. 206) DELRAY BEACH POLICE DEPARTMENT To: Robert Barcinski Assistant City Manager From: Captain Ross Licata ~ Director of Support Services Date: October 16, 1998 Subject: EVALUATION OF. VEltlCLES PROPOSED FOR VOLUNTEER FLEET On Wednesday, October 14, 1998, Officer Skip Brown and I conducted an evaluation of the vehicles you mentioned (i.e., Ford Contour, Chevy Cavalier, Plymouth Breeze, and Dodge Stratus) as possible replacements for our volunteer vehicle fleet. Our evaluation focused on interior space and driver/passenger comfort. We found that many aspects of the interior space in the listed vehicles were less than adequate considering the size of many of our volunteers. The following is a breakdown by vehicle on our findings. Chew CavMier · The Cavalier is a very small vehicle. While we found the shoulder and headroom to be acceptable, we found the hip and legroom in both the front and back seat area to be extremely confining. Plymouth Breeze & Dodge Stratus · These vehicles are designed more as a sports car than a passenger vehicle. · The interior space in both the front and back was less than acceptable. · We found it very confining and difficult to enter and exit the vehicle. · The headroom in both front and back seat areas was very limited. Our heads were touching the roof in the front seats and we were forced to lean our heads forward in the back seat because the low roofline prevented us from sitting uptight. · It was extremely confining in the rear seat with minimal leg, hip, shoulder, and headroom. F, 0rd Contour · The interior space in the front seat was adequate. · The interior space in the rear seat area was somewhat confining. There was limited leg and headroom. We were forced to lean our heads forward in the back seat because the low roofline prevented us from sitting upright. ,Satu.rn SCl · We found the overall interior space in the Saturn SL1 to be superior to each of the other noted vehicles. · The interior space in the front seat was adequate. · While the headroom in the rear seat was not as spacious as we would have liked, we found it to be more adequate than that of the other vehicles evaluated and acceptable for our needs. NOTE: On Friday, October 16, 1998, I called Mr. Herb Bonn, the Captain of our Citizens Observer Patrol in the Rainberry Bay neighborhood. Mr. Bonn's homeowners association purchased a Saturn SL1 last year for their COP program. He tells me that their COP members have been extremely satisfied with the vehicle. They find the vehicle to be very comfortable and roomy inside. The car is reliable, and Saturn's service department is very timely and responsive in servicing the vehicle when needed. Mr. Bonn highly recommends the Saturn for the COP patrol. I should note that we evaluated the passenger space in both the front and back seat areas of the vehicles because many of our patrols and training sessions require more than just the two volunteers that occupy the front seats. Per your request, I have included the vehicle specifications on the Ford Contour, Taurus, and Saturn SL1. If I can be of any further assistance, don't hesitate to contact me. Attachments C[TY OF DELRAY Br~Agll Please read SUGGESTION AWARI~ PROGRAff instructions (Please type or write plainly with dark Ink) on reverse side DATE: 05/19/98 Suggestion applies to the Department of Police Present condition: (pinpoint the problem you are solving) Significant cost savings to the City of Delray Beach i~ the maintenance and operation of nine (9) Police Department volunteer vehicles. (see attachment) Suggestion: (Be specific, give details, attach Illustration, diagram, sketch, etc.) I am recommendinR that we lease nine (9) new vehicles from Saturn of De%~ay at a significant cost savings to the City of Delray Beach. (see a~tachment) Savings/Benefits: (Explain what your suggestion shall accomplish) I project the savings to be approximately $23~562. Lease new vehicles versus maintain our current volunteer fleet. (see attachment) Ross Licata ! understand and agree %o OFFICE USE Name all the rights and oblI- ONLY gat$ons as set forth tn 300 West Atlantic Ave. Administrative Policy OA-41. Addr~Lray---- Beach, FL 33444 Number: S I gnature Refer To: S I gna ture Captain Signature Iitle S t gnature 1~,.~ l -~ .,-, ~,, Depa-r~m~6- (If Group suggestion, al 1 must sign) Please fill tn the space below. This stub' shall be { NUMBER returned to you as acknowledgement of receipt of ~ your suggestion. Thank you for your suggestion This suggestion concerns: We have assigned It the ID The lease of volunteer vehicles, shown above. Careful consid- eration will be given to your proposal. You will be noti- fied of action tarn. Name: Ross. Licata Director of Human Resources Address: 300 West Atlantic Avenue De!ray ~eech; FL 3344A Date DELRAY BEACH POLICE DEPARTMENT MEMORANDUM To: Ned Gusty Director of Human Resources From: Captain Ross Licata ~/ Director of Support Services Date: May 19, 1998 Subject: Employee Suggestion (Award Program) For the past several years, volunteers at the Delray Beach Police Department have been utilizing refurbished police vehicles for their day to day operations (see attached list of 9 vehicles). The vehicles are 8 to 11 years old, have an average of 80,000 miles on them, require regular/costly maintenance and upkeep, look and drive like 10 year old vehicles, and will cost the Police Department $43,650 in the 1998/1999 budget for lease and maintenance costs from the City Garage alone. This equates to an average of $4,850 per vehicle annually. PROPOSAL I am recommending that the city lease 9 new vehicles from Saturn of Delray for the volunteer program instead of maintaining our current volunteer fleet. I have conducted a survey of surrounding automobile dealerships inquiring about lease options on mid-sized vehicles and found what I believe could be substantial savings to the City. Attached are copies of lease proposals provided by Saturn of Delray, Mears Motor Leasing, and A1 Packer Ford. The lowest priced vehicle lease option was provided by Saturn of Delray which provides for a 1998 Saturn SL-1, 4 door sedan for $186.00 per month (no money down). This is for a 39 month lease (12,000 miles per vehicle, per year). The factory warranty includes bumper to bumper coverage for the life of the lease. This equates to a lease price of $2,232 per year, per vehicle. Employee Suggestion May 19, 1998 Page//2 I have personally met with the lease manager at Saturn, Mr. Joseph Franks (561- 276-0400), inspected the proposed vehicle for lease (SL-1, 4 door sedan), and discussed the lease pricing with him. Although the lease proposal he submitted expires on May 31, 1998, he has assured me that the lease price would not significantly change by the time we chose to lease the vehicles. In fact, he said the lease price could possibly decrease! I believe these vehicles would be more than adequate for our volunteer staff. The Samm vehicles are well constructed and they have an outstanding warrantee program. FINDINGS We are currently budgeting $43,650 to lease and maintain 9 volunteer vehicles (see attached). If we decide to lease 9 new Saturn SL-1, 4 door sedans, at the proposed lease price our annual costs for NEW vehicles will be $20,088. This equates to a savings of $23,562 to the City of Delray Beach. BENEFITS 1. The lease option will provide a $23,562 savings to the City of Delray Beach 2. Less down time for our current fleet of volunteer vehicles (maintenance & repair) 3. This will allow the staff at the City Garage to dedicate more time towards maintaining our police fleet and other city vehicles, thereby decreasing the turnaround time to get police and other city vehicles back in operation. This has been a constant problem for the police department! 4. This will improve the image of our police department and volunteers who work closely with the citizens of Dekay Beach daily. Instead of driving old wom-out vehicles, they will be in new reliable vehicles. 5. This will provide a boost in morale to our volunteers who volunteer and dedicate thousands of hours to the De[ray Beach Police Department each year. 1998/1999 Support Services Budget Preparation Volunteer Vehicles (lease & maintenance costs) Year Unit Mileage City of Delray City of Delray 98/99 Budget Lease Cost Maint. Cost Totals 1990 1005 83,727 $3,240 $4,490 $7,730 1990 1007 90,041 $3,240 $4,490 $7,730 1990 1010 91,038 $1,200 $350 $1,550 1990 1011 73,656 $1,850 $1,700 $3,550 1990 1112 71,522 $1,900 $620 $2,520 1991 1116 49,016 $1,140 $3,460 $4,780 1991 1117 '79,730 $1,150 $3,460 $4,610 1989 I904 86,152 $1,610 $3,650 $5,260 1987 I727 85,425 $1,610 $4,490 $6,100 TOTALS $16,940 $26,710 $43,650 Note: Mileage as of 5-12-98 ALTERNATIVE Lease 9 new 1998 Samm SL-1 4 door sedans (3 year lease) 39 month lease $186.00 per month $2,232.00 annually (per vehicle) 9 vehicles $20,088.00 annually *For a savings of $23,562.00 annually MF ORANDUM TO: David T. Harden, City Manager FROM: ~ Robert A. Barcinski, Assistant City Manager DATE: October 12, 1998 SUBJECT: ADDITIONAL INFORMATION PURCHASE COP VEHICLE8 Based on the newest price list from the Florida Sheriff's Association contract, four (4) vehicles would be comparable to size to the Saturns proposed for lease, the Ford Contour, Chevy Cavalier, Plymouth Breeze and Dodge Stratus. The base price of each vehicle and options is as follows: 1) Ford Contour (base) $12,843 Service manuals $ 88 5/75 warranty N/A $12,931 2) Chevy Cavalier (base) $11,938 Service manuals $ 95 5~75 warranty $ 1.650 ($12,033) $13,683 3) Plymouth Breeze (base) $12,381 Service manuals 110 5/75 warranty ~ 10 ($12,381) $13,191 4) Dodge Stratus (base) $12,920 Service manuals $ 110 5/75 warranty $ 810 ($13,030) $t3,840 Assuming we utilize the Dodge Stratus with a seven year life, with a warranty, and assuming an average maintenance cost of $350 per year the first three years, the yearly cost the first three years could be $2,237 per vehicle. If you extend the assumed life to ten years the average cost the first three years, including rental charge and maintenance, would be $1,734 per vehicle. The proposed lease cost per Captain Licata's analysis for the Saturn's is $2,232 per year. The advantage of the lease is that after 39 months we would be replacing vehicles. Whereas under a purchase we would keep the vehicles 7-10 years with increasing maintenance costs in later years. RAB/tas File:u:$weeney/asmemos Doc: 10129Ba. doc TO: DAVID T. HARDEN, CITY MANAGERp~ "iA"~ THRU: DIANE DOMINGUEZ, DIRECTOR OF ~ ,-,,,,,~ ~/,~,.~,~/,~ //~_.__....~. FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNE SUBJECT: MEETING OF DECEMBER 1, 1998 ( CONSIDERATION OF A CONDITIONAL USE MODIFICATION REQUEST TO ALLOW ADDITIONAL AUTOMOBILE PAINT~ BODY AND REPAIR SHOPS FOR STOR-RITE~ LOCATED ON THE SOUTH SIDE OF DR. ANDRE'S WAY~ APPROXIMATELY 315 FEET EAST OF CONGRESS AVENUE~ AND ADJACENT TO THE CSX RAILROAD. The site contains 4 buildings totaling 60,010 sq.ft., with 8,292 sq.ft, currently in auto repair. The conditional use modification request is to establish additional automobile paint, body and repair shops within the vacant bays. As the structure and all attendant facilities (parking, drainage, utilities, etc.) are currently in place, no improvements are proposed with the petition. Staff recommended that the new auto repair be restricted to those portions of the site which have adequate adjacent parking. A detailed description and analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of November 16, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony. The Board discussed the proposal then voted 7-0 to recommend to the City Commission approval of the conditional use request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. Total auto repair paint and body functions (existing and new) may not exceed 15,000 square feet; 2. The establishment of new auto repair paint and body uses is restricted as illustrated on the attached exhibit (Exhibit B); 3. Existing auto repair paint and body shops not located in approved bays may continue to operate, however, if an existing business vacates a non-approved bay, auto repair may not be re-established in that same location; 4. Provide a monitoring well or documentation from DERM that a well is not required; 5. Outside storage of materials is prohibited; 6. A traffic statement must be submitted and approved; and, 7. Landscaping as depicted on the approved plan must be re-instated. By motion, approve the Conditional Use Modification request for Stor-Rite (automobile paint body and repair shops), subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachment: P & Z Staff Report and Documentation of November 16, 1998 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 16, 1998 (Continued from October 19, 1998 meeting) AGENDA ITEM: ITEM: Conditional Use Modification to Allow Additional Automobile Paint, Body and Repair Facilities within the Stor-Rite Complex, Located on the South Side of Dr. Andre's Way (S.W. 2n~ Street), Approximately 310 Feet East of Congress Avenue. GENERAL DATA: Owner/Applicant ............................. Carole Properties & Management, Inc. Barrett R. Einaugler, President Agent ........................................... Steven B. Greenfield, Esq. Location ........................................... South side of Dr. Andre's Way (S.W. 2nd St.), approximately 310 ft. east of Congress Avenue. Property Size ................................... 3.9 Acres Future Land Use Map Designation. Commerce Current Zoning ................................. MIC (Mixed Industrial & Commercial) Adjacent Zoning ..................... North: MIC East: CD (Conservation District) South: CF (Community Facilities) West: CF Existing Land Use ........................... Existing Industrial Warehouse Complex Proposed Land Use ......................... Conditional Use Approval to allow the expansion of the automobile paint, body and repair facilities with the Stor-Rite complex, with associated parking and landscaping. Water Service .................................. Existing on-site Sewer Service .................................. Existing on-site VI.A. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use Modification to establish automobile paint, body and repair shops for Stor-Rite Facility, pursuant to Section 2.4.5(E). The subject property is located on the south side of Dr. Andre's Way, approximately 315 feet east of Congress Avenue, south of McEwen Lumber Facility and adjacent to the CSX Railroad. The subject property consists of Lot 2, McEwen Lumber Company, and is 4.0 acres. The property contains 4 industrial (office/warehouse) buildings with associated parking. At its meeting of September 10, 1979, the City Commission approved the final plat for McEwen Lumber Company, a two-lot subdivision. On October 22, 1979, the City Commission approved a conditional use request to establish McEwen Lumber Company, which is located on Lot 1. In 1979, site plan approval was granted for Stor-AII Warehouse Center industrial park, a 4 building office/warehouse development containing a total of 65,075 sq.ft. In 1984, a site plan modification was approved to reduce the size of building D from 18,000 sq.ft. to 12,935 sq.ft, resulting in 60,010 sq.ft, of total floor area for the development. The 4 one-story buildings were constructed between 1981 and 1985. With the Citywide rezoning and adoption of the Land Development Regulations in October 1990, the subject property was rezoned from LI (Light Industrial) to MIC (Mixed Industrial and Commercial). At its meeting of July 1, 1997, the City Commission approved a conditional use request to convert four bays (totaling 1,500 sq.ft.) at the northeast corner of the site to accommodate a stone cutting facility. On September 23,1997, the City Commission approved an amendment to the MIC (Mixed Industrial and Commercial) zone district regulations to change automobile paint, body and repair shops from a permitted use to a conditional use. The main purpose of the amendment was to be able to address parking problems that often resulted from the conversion of storage and warehouse space to auto repair businesses. Prior to the passage of this amendment, many of the bays on the subject property had been licensed for auto repair with no review of the parking. As previously stated, the site contains 4 buildings totaling 60,010 sq.ft., with 176 striped parking spaces. A breakdown of the existing uses on the site and their respective floor areas are given the following table: P & Z Board Staff Report Store-Rite (Vehicle Repair Facility) - Conditional Use Request Page 2 Use Building Area (Square Feet) Manufacturing 24,722 Storage 8,829 Hobby 6,643 Auto 8,292 Vacant 9,785 Common Area (not rentable) 1,739 Total 60,010 The conditional use request is to establish automobile paint, body and repair shops within the vacant 9,785 sq. f. This would increase the auto uses to a total of 18,077 square feet. As the structure and all attendant facilities (parking, drainage, utilities, etc.) are currently in place, no improvements are proposed with the petition. However, the applicant has indicated that if needed, 48 spaces can be re-striped to compact spaces. This would provide an additional 6 spaces, bringing the total to 182 spaces. I :CON~DITIONAL; US:E ANALYSI:S CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Commerce and a zoning designation of MIC (Mixed Industrial and Commercial). The MIC zoning district is consistent with the Commerce Future Land Use Map designation. Pursuant to LDR Section 4.4.19(D)(1)(e) within the MIC zone district, automobile paint body and repair shops, are allowed as a Conditional Use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. This proposal is the establishment of industrial uses in an existing industrial structure. The site is developed with existing water and sewer services, and the property was developed with drainage facilities. Industrial uses do not generate a demand for parks P & Z Board Staff Report Store-Rite (Vehicle Repair Facility) - Conditional Use Request Page 3 and recreation facilities. The applicable items as they relate to Traffic and Solid Waste are discussed below: Traffic: Staff estimates that the conversion of 9,785 sq.ft, of storage area to auto repair would generate approximately 200 additional trips onto the surrounding roadway network. However, the applicant did not submit any traffic information with the application. A traffic study must be submitted and approved by the Palm Beach County Traffic Division for projects which generate over 200 additional trips. For projects which generate under 200 additional trips, a traffic statement must be submitted and approved. There are no problems anticipated complying with the Palm Beach County Traffic Performance Standards Ordinance. Submission of a traffic statement is attached as a condition of approval. Solid Waste: Based upon the Solid Waste Authority's Trash Generation Rates, trash generated each year by the conversion of the 9,785 sq.ft, of storage (25.441 tons per year) to auto repair (45.011 tons per year) will be 19.57 tons per year. As this parcel was envisioned for this type of use, it was factored into the Countywide assessment for solid waste. The increase can be accommodated by existing facilities and thus, will not be significant with respect to level of service standards. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies are noted. Future Land Use Element Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations, which best suit the community's future development, the following shall apply:... 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. The subject property is located within the MIC (Mixed Industrial & Commercial) zone district, and is therefore located in an area which is to accommodate auto repair. Conservation Policy A-1.1: The practice of monitoring groundwater conditions through installation of monitoring wells shall be continued. In addition, monitoring wells are to be installed for non-residential land uses which locate within zone 3 around the series 20 and eastern wellfields. Provisions shall be P & Z Board Staff Report Store-Rite (Vehicle Repair Facility) - Conditional Use Request Page 4 made for data from these private monitoring wells to be used in the City's on- going monitoring efforts, The County Wellfield Protection Ordinance, administered by the Department of Resource Management (DERM), determines whether or not monitoring wells are required for any property. The applicant must provide verification that DERM has been notified of this proposal. Installation of a monitoring well or written confirmation from DERM that a well is not required has been attached as a condition of approval for this proposal. SECTION 2.4.${E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by the following zoning districts: to the north is zoned MIC; to the south and west are zoned CF (Community Facilities); and to the east, across the CSX Railroad is zoned CD (Conservation District). The surrounding land uses are: a lumber company to the north (McEwen Lumber Company), to the west and south are the Palm Beach County Health Unit, South Palm Beach County Administrative Complex, and the Tri-Rail Station; and east is vacant 1-95 right-of-way. The conditional use request does not designate the individual bays in which the auto repair uses will be located as the landlord wishes to have flexibility with regard to tenant locations based upon occupancy and tenant demands. The proposal is to allow a maximum floor area of 18,077 sq.ft, devoted to auto use. The request is being made in this manner so that future conditional use modifications will not have to be made if tenants are relocated within the center. The majority of the existing auto repair uses (6,742 sq.ft.) are located on the east half of the property, in Buildings C and D. One-half of these bays abut areas containing only the drive aisle and no parking. These areas become congested with vehicles parallel parking along the drive aisles, which make traffic circulation and emergency access very difficult. Further, dumpsters are located within these driveways, which also impedes access. Exhibit "A" depicts the uses that are within each bay as well as the vacant bays in which auto repair is requested. The exhibit indicates that over half of the vacant bays are located adjacent to areas where there is no parking or insufficient parking to accommodate the parking demands of the auto repair uses. A blanket approval to add auto repair uses in these locations would exacerbate the situation and make enforcement very difficult. If the total amount of auto repair uses is limited and the use P & Z Board Staff Report Store-Rite (Vehicle Repair Facility) - Conditional Use Request Page 5 is restricted to bays with adjacent parking (Exhibit "B"), the impact on the center will not be significant. The proposed auto uses will be located in an existing industrial building in an existing industrial area. The properties to the north, south and west are developed and the vacant property to the east, if developed, would be to accommodate 1-95 expansion. The property is well hidden for the roadway and is screened from adjacent properties. Based on the above, the proposed use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed Conditional Use does not include any changes to the site plan. The site was designed pursuant to the development standards of 1980 and was constructed between 1981 and 1984. The site does not comply with the current development standards with respect to landscaping, and open space, however it does comply with the building setback and height requirements. With regard to parking, the following is provided: Parkina: Pursuant to LDR Section 4.6.9(C)($)(a), general industrial uses (manufacturin.q, assembly, and attendant offices)shall provide parking at a rate of 3 spaces per '11000 sq.ft, of floor area devoted to such uses. In addition~ 1 space shall be provided for each 1,000 sq.ft, of floor area devoted to storage and warehouse use. Further, per LDR Section 4.6.9{C)(5)(e), vehicle paint, body and repair shops shall provide 4.5 spaces per 1,000 sq.ff, of gross floor area. The applicant has submitted the following parking calculations regarding the existing uses: Building Areas for Existing Uses (Square Feet) Use Building Manufacturing Storage HObby Auto Vacant Building 1880 (A) 7,605 2,225 750 0 4,425 Building 1878 (B) 5,800 3,160 2,200 1,550 2,400 Building 1876 (C) 5,310 3,045 1,350 4,140 1,750 Building 1874 (D) 6,007 399 2,343 2,602 1,210 Totals 24,722 8,828 6,643 8,292 9,785 P & Z Board Staff Report Store-Rite (Vehicle Repair Facility) - Conditional Use Request Page 6 Parking Requirements by Use Use Building Area Parking Requirement Spaces Required Manufacturing 24,722 3 spaces/1000 sq. ft. 74.166 Storage 8,829 1 space/1000 sq. ft. 8.829 Hobby 6,643 1 space/1000 sq. ft. 6.643 Auto 8,292 4.5 spaces/1000 sq. ft. 37.314 Vacant 9,785 4.5 spaces/1000 sq. ft. 44.0325 Common Area' 1,739 - Totals 60,010 170.9845 or 171 *(Non-rentable area & common bathrooms) As shown in the above table, the parking requirements for the facility as a whole, including the additional proposed auto repair uses is met with the existing 176 parking spaces. However, the location of these parking spaces with respect to existing and proposed auto repair uses is a problem. First of all, there are (53) parking spaces located along the north side of the center or adjacent to the entrance road. These spaces are not convenient to bays where auto service is possible. Secondly, a significant number of bays which could accommodate auto service abut drive aisles without adjacent parking. In these areas, vehicles are routinely parallel parked along the drive aisle, reducing the width of the travel lane, and making traffic circulation and emergency access very difficult. Further, dumpsters are located within these driveways, which also impedes access. In order to properly address the location of the trash receptacle, parking spaces would be eliminated. Finally, a large number of the interior parking spaces are located directly in front of bay garage doors. In order to move cars in and out of these bays for service, parked cars must be jockeyed around or left in the drive aisles. The clustering of too many auto repair uses in one location also causes conflicts as businesses compete for the limited number of available spaces in the immediate area. The number of convenient parking spaces is further reduced when some of the manufacturing uses maximize their work area by moving certain aspects of their use such as materials outdoors until the end of the working day. Exhibit "A" depicts the uses that are within each bay as well as the vacant bays in which vehicle repair is requested. The exhibit indicates that approximately 5,410 sq.ft, of the vacant bays proposed for auto use are located adjacent to areas where parking is insufficient to accommodate the demands of auto repair uses. Additional auto repair in these areas would exacerbate access, circulation and safety problems which are caused by an excessive number of cars parked in or adjacent to the drive aisles. The proposal is to allow an additional 9,785 square feet of auto uses. This would bring the total auto uses to 18,077 square feet. Given the above parking constraints, this level of auto service is not practical. There are (17) parking spaces adjacent to the entrance road. The location of these spaces makes them completely impractical for use by auto repair tenants. The (36) spaces along the north side of the facility are useable but not very convenient as they primarily service the office uses located along that P & Z Board Staff Report Store-Rite (Vehicle Repair Facility) - Conditional Use Request Page 7 portion of the development. For these reasons it is recommended that the total amount of space allotted for auto repair be limited to 15,000 square feet. Other parking and circulation problems can be minimized by controlling where these auto repair uses are allowed and by a careful tenant-leasing program implemented by the management. Dumpsters Dumpsters are located within the drive aisle and are not properly screened per LDR Section 4.6.16. However, they are not visible from any right-of-way. Installing proper enclosures would require the deletion of parking, and is not recommended. Approved Landscape Plan With the site plan approval of 1984 there was an approved landscape plan. Much of the landscape material indicated on the plan has either died or been removed. Regardless of whether or not this use approval is granted the landscaping must be reinstated. ;:::REVIEW ERS: The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency, DDA (Downtown Development Authority), or the HPB (Historic Preservation Board). Site Plan Review and Appearance Board: As no exterior improvements are proposed, Site Plan Review and Appearance Board review is not required. A site plan modification addressing parking lot restriping and dumpster enclosures can be approved administratively. Special Courtesy and Neiflhborhood Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: Delray Golf'view Presidents Council Progressive Residents of Delray (PROD) United Property Owners Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. I ASS:ESSMENT AND CONCLUSIONS i The conditional use request is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. Also, positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made as the P & Z Board Staff Report Store-Rite (Vehicle Repair Facility) - Conditional Use Request Page 8 proposal will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. In order to ensure compatibility, any additional repair functions must be located where parking is available, and the landscaping depicted on the approved landscape plan must be reinstated. 1. Continue with direction. 2. Recommend approval of the conditional use request for Stor-Rite based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request for Stor-Rite based upon a failure to make positive findings with respect to the Section 4.6.9 (Parking Requirements and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations. Recommend to the City Commission approval of the conditional use request for Stor- Rite {automobile paint body and repair shops) based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. Total auto repair paint and body functions (existing and new) may not exceed 15,000 square feet. 2. The establishment of new auto repair paint and body uses is restricted as illustrated on the attached exhibit (Exhibit B); 3. Existing auto repair paint and body shops not located in approved bays may continue to operate, however, if an existing business vacates a non-approved bay, auto repair may not be re-established in that same location. 4. Provide a monitoring well or documentation from DERM that a well is not required; 5. Outside storage of materials is prohibited; 6. A traffic statement must be submitted and approved; and 7. Landscaping as depicted on the approved plan must be re-instated. Attachments: Site Plan, Exhibits A and B I I , ~ ~ ~ ' 's ~ ~ t2,',~ '~ ~ / ~ ~ ~/td~~ EXHIBITA DR. ANDRES WAY / PROPERTY LINE; ' . 880 # 1878 # 1876 # 1874 PROPERTY LINE N USES WITHIN STOR-RITE COMPLEX CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- O/OII'AI EIA$£ MAP SYSTEM -- MAP REF: LMAg3 EXHIBIT B DR. ANDRES WAY PROPERTY LINE . - mmm~um i u' ~ 880 # 1878 # 1876 # 1874 z _z z ~ PROPERTY LINE USES WITHIN STOR-RITE COMPLEX PLANNING & ZONING DEPARTMENT I:':'~'~TM = FOR AUTO REPAIR -- DIGITAl ~,45E ~P SYSTEM -- MAP REF: LMA93 MF ' ORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager DATE: November 23, 1998 SUBJECT: Agenda Item City Commission Meeting December 1, 1998 Approval Consulting Agreement JCD Sports Group, Inc. ACTION: City Commission is requested to approve a consulting agreement with JCD Sports Group, Inc., in the amount of $12,000 to serve as a consultant for the purpose of attracting special events to the tennis stadium, event management, and identifying and assisting in the development of additional revenue sources for the tennis center. Funding would come from the tennis center special events account #113-4210-575-31.90. BACKGROUND: The City had approved a similar agreement with Prime Access, Inc. effective from 12/1/97 through 11/30/98. This agreement has expired and Mr. Dubin has requested a new agreement with JCD sports Group, Inc., to be effective 12/1/98 through 11/30/99. Attached is a memorandum received from Mr. Dubin. The fee will be paid monthly. RECOMMENDATION: Staff recommends approval of the consulting agreement with JCD Sports Group, Inc., in the amount of $12,000 with funding to come from the Tennis center Special events account #113-4210-575-31.90 RAB:ags File:sweeney/agenda Doc:JCDl12398 , Agenda Item No.: ' AGENDA REQUEST Date: November 23, 1998 Request to be placed on:, XX Regular Agenda Special Agenda Workshop Agenda When: December 1, 1998 Description of agenda item (who, what, where, how much): ReQuest to mmnr6vo_ a c_on.qll]tin~ a~reement with JCD Sports Group, Inc., in the amount of $12,000 ~m 12/1/98 throug~ 1~/30/99 fOr the purpose of attracting special events to the ~n~is stadium and to increaSe revenue. FUnding is 'available in the Tennis center .qp~e~m] events account # 113-4210-575-31.90. ORDINJkNCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Recommend approval Department Head Signature: ~o~/f.~-~~ Determination of Consistency with Comprehensive Plan: Budget Director Review (required on all items involving expenditure of funds }: Funding available: ~ NO Funding alternatives: {if applicable) Account No. & Description: ~(~-q2-1o~$Tg--~,~Q ~5fac~~_~ Account Balance: ~?.~.oo~ ~ · City Manager Review: ~i" ~ ~ -~/~-?-~-~~ ApprovedHold Until:f Dr agenda: ~"/ NO ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved DELRAY BEACH TENNIS CENTER CONSULTING AGREEMENT This agreement, dated December 1, 1998, is made between the City of Delray Beach and JCD Sports Group, Inc. WHEREAS, the parties have entered into a Consulting Agreement which provides for JCD Sports Group, Inc. to serve as special consultant to the City of Delray for the purpose of attracting special events to the tennis stadium, event management and identifying and assisting in the development of additional revenue sources for Delray Beach Tennis Center. THEREFORE, the parties agree as follows: 1. This agreement between JCD Sports Group, Inc. and the City of Delray Beach shall begin on December 1, 1998, and mn through November 30, 1999. 2. Notwithstanding the above, either party, with or without cause, may terminate this agreement with (30) days prior written notice delivered in person or transmitted certified mail, return receipt requested. 3. The City of Delray Beach shall pay JCD Sports Group, Inc. an annual fee of $12,000 payable at a base monthly rate of $1000.00 due on the first of each month, beginning December 1, 1998. 4. The City of Delray Beach shall also accept and pay the actual costs of reimbursable expenses, provided that said reimbursable expenses are agreed to in advance by the City of Delray Beach or its Designee and JCD Sports Group, Inc. 5. JCD Sports Group, Inc. shall be and remain an independent contractor and not an agent or employee of the City of Delray Beach with respect to all of the acts and services performed by and under the terms of this Agreement. 6. Any dispute under this Agreement or related to this Agreement shall be decided in accordance with the laws of the State of Florida. Signature Signature (Name printed or Typed) Brahm Dubin, President City of Delray Beach JCD Sports Group, Inc. ATTEST: City Clerk TO: David Harden FROM: Brahm Dubin DATE: November 2, 1 RE: Tennis Center CC: Bob Barcinski As you are aware Paul Felsberg has resigned effective Friday October 30, 1998. Paul's responsibilities included General Manager responsibilities of the day to day operation, procurement of special events, and on site liaison between promoters and the City for all special events that have been staged. Paul's compensation was budgeted at $42,500 for this fiscal year. In addition the City is presently paying $500 to Prime Access, Inc. which is a company that I co-owned until 9/30/98 to secure sponsorships for City owned events at the Tennis Center. We have implemented a new operating plan as follows: 1. We have hired Mr. Jerry Baron who will work as an independent contractor at a fee of $20,000 P.A. payable monthly at $1666.67. He will work 400 hours for that fee with any overage billed at $25.00 per hour. Jerry is well known in the facility operators business and was very instrumental in our recent negotiation with Mr. Mark Baron. His responsibilities will include special event procurement, contract negotiations and on site liaison between promoters and the City. 2. Charlene Foster will be on site a minimum of 10 hours per week and will handle administration responsibilities. She will be paid $10,000 P.A. 3. Drew Evert will oversee the maintenance personnel, tournament administration, and all tennis programs. He will be paid an additional $6,000 P.A. and will now earn a base salary of $25,000 P.A. Effective November 1, 1998 the agreement between the City of Delray Beach and Prime Access, Inc. will now be replaced with JCD Sports Group, Inc. This company is owned 20% by Ms. Sharon Painter and 80°,4 by myself. This company will continue to actively attempt to secure sponsorships for City owned events at our Tennis Center and will now be paid $1000.00 per month. Please do not hesitate to contact me with any questions or comments. CITY aF DELRI:I¥ BEI:I[H DELRAY BEACH 100 N.W. 1st AVENUE * DELRAY BEACH, FLORIDA 33444 · 407/243-7000 ~ January 4, 1999 Ali. America City The School Board of Palm Beach County ¢ 3340 Forest Hill Boulevard, C-316 1993 West Palm Beach FL 33406-5869 Re: Palm Beach Countg School Board Five-Year Work Plan and 1999 Capital Budget Dear Dr. Richmond: In regular session on December I, 1998, the Delray Beach City Commission voted unanimously to support recommendations and position statements developed by the Delray Beach Education Board with respect to the School Board's 5-Year Work Program and 1999 Capital Budget, as follows: (1) That Atlantic High School is prioritized first on the list of modernization as it is the oldest of the five high schools and that portions of the feasibility study (i.e. master plan) have been completed. (2) That the Atlantic High School site not be abandoned for a new site out west. (3) That consideration be given to shifting some of the student population from Atlantic High School to the south to alleviate overcrowding in the interim until the Boynton Beach High School is opened. (4) That the Work Plan clarify how the five high schools that are 35 years or older are to be funded and provide time frames for their completion. (5) That the Work Plan be amended to provide funding for Phase II of the Seacrest Athletic Facility. (6) That the City of Delray Beach be involved with the site selections of the new schools that will affect our City student population. (7) That the ABC committee pay close attention to boundaries as the new schools come on line to insure that racial balances are maintained at current levels or better at our local area schools. (8) That the City Commission reaffirms its support of the Delray Full Service Center as it has a direct bearing on the stability of its neighborhood and should be funded to provide for physical improvements, staffing and curriculum in order to be an asset to the neighborhood. Your serious consideration of these recommendations and position statements is appreciated. We look forward to working with you in the future. .... City Clerk cc: The School Board of Palm Beach County Members Dr. Joan Kowal, Superintendent Janet Meeks, Senior Planner/Education Board Liaison THE EFFORT ALWAYS MATTERS Pr~n~e~, on Recycled Paper TO: DAVID T. HARDEN CITY MANAGER ~.~ ~~lJvt~~ THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: JANET MEEKS, SENIOR PLANNER~'~(~. SUBJECT: MEETING OF DECEMBER 1, 1998 ***CONSENT AGENDA*** RECOMMENDATION FROM THE EDUCATION BOARD ON THE SCHOOL BOARDS FIVE YEAR WORK PLAN AND CAPITAL BUDGET Last year the State Legislature sought to bring the 'school overcrowding' equation into balance through House Bill 2121 and as amended by House Bill 17A. This legislation resulted in a one-time infusion of classroom construction dollars sufficient to immediately design and build 10,500 +/- student stations. The legislative mandate set forth specific guidelines and requirements intended to address the school overcrowding problem statewide. In order to seek funds through this new legislation, the School Board was required to implement a Five Year Work Plan including: a schedule of major repair and renovation projects; a schedule for new student stations; projected cost and funding sources; and options for additional revenues. The plan is funded for fiscal year 1999/2000. The School Board is to consider Certificates of Participation (COP's) for funding in years 2001-2002, as well as considering voter approval for an alternative funding source such as the % cent sales tax and General Obligations Bonds. The School Board adopted the 5-Year Work Plan and Capital Budget in August of this year. Provided below is a brief description of how the plan affects Delray Beach locally and the Education Board's recommendations regarding changes to the plan and noted concerns that may result from its implementation. Feasibility Studies for Schools Over 35 Years: The Work Plan recommends an evaluation of schools 35 years of age or older to establish a schedule for inclusion in the budget. This evaluation will include both a physical evaluation of the buildings and an assessment of the school's ability to provide the desired education program. The evaluation will provide a basis for comparing the older schools in need of modernization. Modernization is defined as "a comprehensive upgrading of an existing school to "like new" school standards". Local Delray schools identified as being 35 years of age or older include: Atlantic High School, Delray Full Service Center, S.D. Spady, and Plumosa. The studies are to be completed by the end of 1999 and then prioritized for funding. City Commission Documentation Recommendation from the Education Board on the 5 Year Work plan/Capital Budget Page 2 How the Plan Directly Affects Atlantic Hi,ih School: Ms. Carole Shetler, Principal of Atlantic High School spoke to the Board about the Plan and its potential affect on Atlantic High School. She identified four major issues that need to be monitored as described below. Overcrowding: Atlantic High School is currently at 148% utilization with an enrollment of 2,576 students (higher than anticipated at the 11th day count). Relief to the overcrowding problem will not occur until the Boynton Beach High School is opened in 2001 (3 years away). The core facility was designed for a capacity of 1,800 students and can therefore not physically accommodate any more student population. Shifting some of the existing student population south to Boca seems reasonable based on those high schools being at or slightly above utilization capacities for example: Spanish River High is at 110% utilization, Boca High School is at 95% utilization, and Olympic Heights is at 126%. · Racial Balance: Residents of Boynton Beach are petitioning the School Board to consider allowing only Boynton Beach residents to attend the new Boynton Beach High School. This would have a detrimental effect on Atlantic High School with respect to racial balance and would be inequitable to Delray Beach residents. The ABC (Attendance Boundary Committee) should pay close attention to racial balances when drawing up boundaries as new schools come on line to insure that racial balances are maintained at current levels or better. · Modernization: Atlantic High School is one of 5 high schools noted in the plan as being over 35 years old and in need of modernization. The plan provides $50,000 for a feasibility study that is to be completed by the end of 1999. However, the plan does not specify funding for the modernization. This item should be clarified. There is some concern that the feasibility study may support abandoning the existing site for a site out west. This would be detrimental to the surrounding neighborhoods, as well as the community as a whole. A strong stance should be made to retain the existing Atlantic High School site. Atlantic High School is the oldest of the 5 high schools to be reviewed for modernization. A portion of the feasibility study, the master plan, was completed last year (prior to the adoption of the 5 Year Plan). This gives Atlantic High School a lead over the other high schools and should give it first priority for funding. · Seacrest Athletic Facility Phase I1: The Work Plan does not contain any money to complete Phase II of the Seacrest Athletic Facility. The Interlocal Agreement states that Phase II is to be completed 3 years after the completion of Phase I -- if money is available. Phase I should be completed by the end of next year with the start of Phase II to begin in year 2002 (i.e. within the 5 year time frame). A firm stance should be taken to fund Phase II of the Seacrest Athletic Facility and amend the 5 Year Work Plan for inclusion of this project. City Commission Documentation Recommendation from the Education Board on the 5 Year Work plan/Capital Budget Page $ Delray Full Service Center: Delray Full Service Center is listed as in need of modernization. No other information about that school was provided. Jay Alligood, Director of Alternative Schools of Palm Beach County School District, spoke to the Board about "Alternative Programs" offered in Palm Beach County. With respect to Delray Full Service Center, Mr. Alligood indicated that the school did not pay for itself last year and that a "Site Supervisor" will be appointed to the school instead of a Principal. Both of these facts lead one to believe that the school may be phased-out over time, which would be detrimental to the surrounding neighborhoods and create a blighting influence. The Board recommends that the City Commission reaffirm its support of the school and remind the School Board that the Sharing for Excellence In Schools 1994 document specifically stated that "Carver Community Middle School should be utilized, along the lines of a Full Service School, in a manner that enhances the economic and social well- being of residents in surrounding neighborhoods, and should not lie idle for any significant period of time". New Schools planned in the Delray area to alleviate existing overcrowding: · Boynton Beach Area High School: Location - Quantum Park, enrollment relief to Atlantic High School, completion date 2001. · Boynton/Delray Area Middle School: Provides enrollment relief to Carver and Congress Middle Schools. Completion date anticipated August 2000. Site selection is under negotiations, however the School Board was not at liberty to give details on its location. · West BocalDelray Area Elementary School: Provides enrollment relief to Banyan Creek Elementary School. Completion date anticipated August 2002. Site selection to be determined. · Boynton Beach/Delray Area Elementary School: Completion date August 2002, site selection to be determined. No other information was given. The City of Delray Beach should be involved with the site selection process for all the area schools that will effect our local student population. Further, as the new schools come on line close attention should be given to the boundaries to ensure that racial balances are maintained at the current levels or better. The Education Board reviewed the Plan and hosted several speakers (Linda Hines, Director of Real Estate and Planning Palm Beach County School District, Carole City Commission Documentation Recommendation from the Education Board on the 5 Year Work plan/Capital Budget Page 4 Shetler, Principal of Atlantic High School, and Jay Alligood, Director of Alternative Schools) to discuss the implications of the plan. At its meeting of November 16, 1998, the Education Board on a 5-0 vote (Morrissett and Murray absent) recommended that the City Commission forward the following recommendations to the School Board as they relate to the 5 Year Work Plan and Capital Budget: 1. That Atlantic High School is prioritized first on the list of modernization as it is the oldest of the 5 high schools and that portions of the feasibility study (i.e. master plan) have been completed. 2. That the Atlantic High School site not be abandoned for a new site out west. 3. That consideration be given to shifting some of the student population from Atlantic High School to the south to alleviate overcrowding in the interim until the Boynton Beach High School is opened. 4. That the Work Plan clarify how the 5 high schools that are 35 years or older are to be funded and provide time frames for their completion. 5. That the Work Plan be amended to provide funding for Phase II of the Seacrest Athletic Facility. 6. That the City of Delray Beach be involved with the site selections of the new schools that will affect our City student population. 7. That the ABC committee pay close attention to boundaries as the new schools come on line to insure that racial balances are maintained at current levels or better at our local area schools. 8. That the City Commission reaffirms its support of the Delray Full Service Center as it has a direct bearing on the stability of its neighborhoods, and should be funded to provide for physical improvements, staffing, and curriculum in order to be an asset to the neighborhood. By motion, approve the Education Board's recommendations and statements regarding the affect of the 5-Year Work Program and 1999 Capital Budget on Delray Beach, and forward those recommendations to the School Board. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY Mg~AGER SUBJECT: AGENDA ITEM #~//-/- REGULAR MEETING OF DECEMBER 1, 1998 RESOLUTION NO. 75-98 (OPPOSING ANY OVERRIDE OF THE GOVERNOR'S VETO OF HB 3075) DATE: NOVEMBER 25, 1998 This is before the Commission to consider approval of a resolution opposing any override of Governor Chiles' veto of House Bill 3075 relating to Police and Fire pensions. A concerted effort to this end is expected during the upcoming legislative session. Included in the backup material is a copy of the study by Pricewaterhouse-Coopers LLP concerning the potential impacts of HB 3075. This study was commissioned by the Florida League of Cities. I especially call your attention to Exhibit IV of the report which estimates that the increased annual cost to Delray Beach would be $760,000 if HB 3075 were to become law. As an alternative, the resolution requests the opportunity to develop a new, compromise bill during the 1999 legislative session which would also clear up the ambiguities in the bill which was vetoed. Recommend approval of Resolution No. 75-98. ref:agmemol4 RESOLUTION NO. 75-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING ANY OVERRIDE OF THE GOVERNOR'S VETO OF HOUSE BILL 3075 RELATING TO POLICE AND FIRE PENSIONS; REQUESTING THE OPPORTUNITY TO DEVELOP A NEW, COMPROMISE BILL DURING THE 1999 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO APPROPRIATE OFFICIALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Governor Lawton Chiles vetoed House Bill 3075 relating to Police and Fire pensions on the basis that it was confusing, contained conflicting provisions, and would lead to extensive litigation resulting in a waste of taxpayer dollars; and WHEREAS, the Florida League of Cities commissioned a study by Pricewaterhouse-Coopers LLP regarding the potential fiscal impact of HB 3075 on Florida cities sponsoring police or firefighter pension plans; and WHEREAS, the Pricewaterhouse-Coopers LLP study determined that the passage of HB 3075 could result in significant increased costs for Florida cities; and WHEREAS, any override of the Governor's veto of House Bill 3075 will result in the imposition of a significant unfunded mandate for Florida municipalities and circumvent the local collective bargaining process; and WHEREAS, the City Commission of the City of Delray Beach supports the Governor's veto of House Bill 3075; and WHEREAS, the Delray Beach City Commission requests the opportunity to develop a new, compromise bill during the 1999 legislative session which would also clear up the ambiguities in the bill which was vetoed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELP~AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby supports the Governor's veto of House Bill 3075 relating to Police and Fire pensions. Section 2. That the City Commission finds that any override of the Governor's veto of HB 3075 could result in significant cost increases to Florida cities, thereby constituting an unfunded mandate. Section 3. That the City Commission requests the opportunity to develop a new, compromise bill during the 1999 legislative session which would also clear up the a~iguities contained in House Bill 3075. Section 4. That the City Clerk is hereby directed to furnish copies of this resolution to the appropriate officials. Section 5. That this resolution shall take effect immediately upon passage. PASSED AND ~OPTED in regular session on this the 1st day of Dece~er, 1998. ATTEST: - Cit~ c~erk - 2 - Res. No. 75-98 TALKING POINTS KEY REASONS NOT TO OVERRIDE THE VETO OF HB 3075 (POLICE AND FIRE PENSIONS) 1) ACCORDING TO PRICE/WATERI-IOUSE COOPERS, I.I_,P, H'B 3075 IS ESTIMATED TO COST LOCAL LAW PLANS UNDER CI-IAP ~TERS 175/185, F.S. .AT LEAST $50 MILLION DOLLARS EACH YEAI(, FOR THE LIFE OF THE LOCAL PLANS. 2) H'B 3075 REQUIRES INCREASED PENSION BENEFITS, INCREASED PENSION COSTS, AND PROVIDES NO NEW FUNDING TO CITIES. THE STATEMENT THAT THE BILL PROVIDES "ADDITIONAL STATE MONIES" TO COYF_.R BENEFIT INCREASES IS MISLEADING AND INACCURATE. ADDITIONAL PR.EMIUM TAX DOLLARS ARE ASSUMED TO BE A FUNDING SOURCE, IN ACTUA_RIAL FUNDING, FOR CURRENT PENSION COSTS. 3) TIlE LEGISLATURE HAS REJECTED PROPOSALS TO PROVIDE ADDI"[IONAL FUNDING, EVE.,N IF TI-El?'. CiTY PROVES THAT NEW COSTS ARE R~QUIP~D AS A RESUI.T OF HB 3075. 4) THE FLOILIDA INSTITUTE OF GOVERNIx~eLNT CONDUCTED A COMPARISON STUDY OF POLICE .AND FIRE PENSION BENEFITS IN STATE AND LOCAL RETIR.EMENT PLANS TI-IROUGHC)UT TI--IE SOUTHEAST. LOCAL LAXX~ PLANS IN FLORIDA, UNDER CI--I. AP~;~ 175 AND 185, F.S., EXCEEDED MINIMUM BENEFITS IN MOST CATEGORIES, AND OVER.AI~, WF~I.L EXCEEDED ALL OTHER PLANS. I-IB 3075 DISCRJ_M:INATES AGAINST GF..NERAL EMPLOYEF_,S BY REQUIRING 'I'I-IAT 100% OF PREMIUM TAX DOI_IARS ILECEIVED BY CITIES MUST BE USED FOR BENEFITS ABOVE GENERAL EMPLOYEE PENSION BENEFITS. 'I'I-tF_iUEFO1LE, IF YOU INCREASE RETIREMENT BENEFITS FOR GENERAL EMPLOYEES, TI--IEN YOU WILL LIKF. T¥ Al~qO HA.Vt TO AUTOIxLATICAI. LY INCPd~.,ASE BENEFITS FOR POLICE AND FIR.E, .E[.'EN /F YOU .,4RE PKE.,SE.N'/7~3' ME'ETITNG '17qTE.. MI~"[MUM BE. NE_FITS .VET BYLAW: FE'OH : PHOIIE I10. : Ilo,,. 24 19'~S 12:-.!.E,F'T,1 6) ItB 3075 At_)TIqORIZES 'I'[-tE INDEPENDENT BOA1LD OF TRUSTESS FOR POLICI:~ A_ND FIRE PENS1ONS 2'0 TAK. E A.LI. OF THI£ PILEMIUM 'I'.,kX DOLLt'~RS OU'F OF THE BASIC PLAN. THESE MONIF_-'~ MAY BIZ PLACED INTO A NEW SUPPI_.EN[FNT?J.. PLAN, LE.AV1NG THE CITY TO MAKE UP THE DIFF.E1KENCE IN THE BASIC PI.AN, OVER. THE LIFE OF THE PLAN. 7) H-B 3075 IS CONFUSING AND CONTA. INS SO MANY CONFLICTING PROVISIONS THAT THE GOVERNOR VETOED iT, SAYING IT WOULD I.,F_.AD TO EXTENSIVE LITIGATION. LEGAL CHALLENGES WASTE TAX-PAY'ER DOIZA. Rzq. 8) I4t3 3075 REVERSES GAINS MADE BY CITIES OVER. THE PAST TWELVE 'Y'EARS IN .~dDM'INIS'I'R.ATIVE PROCEEDINGS AND THE COURTS. 9) H'B 3075 REQUIRES TI-I. AT THE CITY M'RF;I' MINIMUM BENEFITS IN F_,ACI-I CATEGORY OF BENEFfTS, E, VEN IF THE AGGREGATE .VALUE OF TIlE BENEFITS NOW PROVIDFD ARE RICHER TH.AN THE AGGRE, GA'IT. VALUE OF THE MINIMUM BENEFITS REQUIRED BY I.AW. 10) I-IB 3075 REQUIRES ELIGIBILl'15.' FOl. t TOTAL AND PERNL~NENT DiSA_BiLITT, EVEN THOUGH THE POLICE OFFICER OR FIREFiGHTER IS NOT TOTAI.i.Y AND PEP,&L&NENTLY DISABLED AND COULD WORK IN ANOTFtER CAPACITY 1N THE CITY. 11) SPEC'IT,~UM RESEARCH .AND CONSULTING CONDUCTED A POI J_ ;THAT SHOWS THAT OUT OF 856 REGISTER.ED 'VOTERS: A M. AJOR1TY BFJ.IEVED TIt. AT POLICE AND FIRE PENSION PLA.NS WERE EITHER ABOUT RIGHT OR TOO GIENEI~OUS, WTI'H AS MANY AS ONE TI-II. RD BFJII&VING TI4AT THE PLANS WERE TOO GE, NEROUS. MOST WOULD OPPOSE INCR1-':ASED LOCAL PRC)PERTY T,A.XtES TO FUND BE'II'ER POLICE AND FIRE PE2qSION PLANS. 11 2J 9:~', 12:45 FL LEAGIJE OF CITIES, ~ 6,156124]3??4 pRICEW TE ousECmPERS t] Prieew3~cHIo US~q~Q~rS LLP P~ONAL ~ ~O~ID~ s,,~,~, soo Tampa FL 33602.~147 Nov~ber 20, 1998 Te~hone (813)229 0221 Fa~mimile ;et3] 229 3~6 Ms. Carol Mamlmcr Assistmt Director of Legislative Affairs Florida L~aguc of Cities 301 S. Brouough St., 40' Floor T~l~ec, ~ 32301 Dr, az Ca~ol: We are pleased to present our report to the League of Cities regarding the potential impact of liB 3075. We reviewed three spocific ~pects of FIB 3075 that affect pension benefits for police offices and firefighters. These issues involve the del'tuition of c. ompemsation for pension purposes, disability benefit offsets for workers compensation or Social Security benefits and redirection ofpmmium tax funds by pension boards. We ,ev~ewecl t~e acfim~al valuati6t~ r~pGrt; for ]4 eitie~ {po~oting police or ~eflgh~r ~ion pl~. ~ ~difio~ wc ~vi~ $cvcr~ ac~M impact s~men~ or lo~c~ reg~g ~~ ~ ~ates, We ~so s~ke ~rectly to approxi~tely 20 ciu employees reg~di~ ~ cities' . ~li~ ~d ~gfighters' pelion pl~ provisions ~d ~e b~n¢fit ~d cost implications of ~c pro~s~ bill. Our eommems and calculatiorm ~rc b~d on a ~iew of &c pmpos~ b~i ~d discism you ~d n~em~ r~resen~fives at ~e cities involved ~ o~ s~dy. One poMt ~ ~e~ '~~ly ~po~t ~d ~us~ for legislation ~at co~d have such a ai~ific~t ~pact is ~0 n~ of iesu~ ~t ~ ~cle~. V~tMly ~one we s~ke to reg~g ~e proud bill ~p~ ion.s ov;r ~h~ fa~ U~at numerous ~e~ of me bio ~e open to ~t~on ~ co~d ~ve ~tly diff~ent impact dep~ding on how ~ey ~s ~ncem ~ ~ofold - ~ ~t some a~B of ~e bill ~uld r~ult ~ si~fi~t ~d~ m~ m ~e cM~ ~d ~ ~t ~e bill could le~ to e~essive litiga~n reg~ i~ ~1~ pro,ions, O~ ~ ~c~Oom M ~$ rCpoR ~e b~ed on ~ into~m~fion ~1~ pmv~iom. For e~ple, ~ bill ~n~m l~g~e that ~ght p~t ~mioa ~ to r~cl pr~m ~ ~. ~ ~culations show ~e ~pact if ~s ~e is in~~ to ~ ~on ~d ~ ~ ~ to ~v~ 100% of~e ~nds. OT, Z g:gOg~ZZZI~ ~d~,L: ~d OT:Z ~e-OZ-TT 12:45 FL LEAISUE OF CITIEES Ms. Carol Marchncr November 20, 1998 Page Two One of thc rc~.~or~ that $omo oft. he provisions of the proposed bill could result in si~~ ~st ~c~es to ~e ~[t[~s i~ ~ e~ect of leve~ag~g In ~e ~medcal example ~low we show bow ~e of l~ing ~ 10~ i~ ~ beae~i~ ~ ze~t in a ~0~ i~e i~ co~ ~ ~ ~iW. ~r~ ~ ~o ~o~ in ~ de~ination of ~e cities' ~nd~8 r~uircmcn~ ~t result ~ l~e~$. ~ ~t ~ctor is ~at the cities must ~ whatever is r~uired a~r ~e pm~ ~ ~ ~ employee con~b~ions ~e t~en into ~o~. T~s mcan~ ~nt thc ci6~ be~ ~ ~mibi~ for ~y ~st ~cs w~le the other ~o ~nding sour~s ~e unch~g~. ~e s~nd ~ctor ~ r~m ~ l,v~m~ng of co~ is ~e f~t that when benefits ~ ~cr~ ~der ~, pm~sed bill, ~e ~e apples ~o ben,fits ~t ~ve ~ready b~n ~ded ~d were ~ly p~d for prior to ~e legislation. ~ ex~ple of~e leveraging effect b descd~d below: A.s~ume for example purlmses that the current plan asseta are equal to 50% of thc present value of future benefits under the plan. Of the 50% that remains to be funded, one-third is covered by employe: con~butions, one-third is cove~ed by premium tax refunds and one-third is paid by thc City sponsoring thc plan. It'the proposed bill increases the present value of benefits by 10%, the natural CXl~ctation would bc that thc CitT's cost would increase by 10%. Unfortunately, this is far from correct. Thc City's costs in this example increme by 60%. This example is ilhu~rated numerically belo~r. Prior to LceisNtio0 Aj~t_J,t~j.~l_ti~ Pr~¢at value of Bcn¢fit~ $30,000,000 $33,000,000 Plan As. set, $15,000,000 $15,000,000 Present V~du¢ of Benefits Yet m be Fm~ded $1 $,000,000 $1 $,000,000 F. mployce Portion $ 5,000,000 $ $,000,000 Chapter Portion $ S,000,000 $ 5,OOO,0OO City Portion $ 5,000,000 $ 8,000,000 City's Annual Cost $ $00,000 $ g00,000 As you can .~e i~ the example above, due to the leveraging effect, even though (he present valu~ of bom¢fit~ im:te~ed by 10%, ~e Ci~'s ~g requirement increased by 60%. ~s is ~c ~ Ci~ ~ to m~e up for ~e f~t ~.t ~e o~er sources of ~ding (~e pl~ ~se~, employ~ ~n~buliom md p~m ~ ~a) do not incre~e 10% autOma/ic~ly m a r~t of ~e kg~lagon. ~e CiW h~ ~ gffmgvely m~g up for ~c 10% that each of these so~ces d~ not m~c m weU m i~ o~ 10%. In thc example above we lmve assumed that thc City's annual fimding requirement would be roughly one-tenth of thc tmfundexl bem~l~ Iiabilhy, or ~00,000 ixr year b~f~ the e. Mnge ~ $~00,000 aflgr it. The point oft. he illustration is that due to the highly leveragcd position of many of the penaion plans involved, thc cost impact to the cities of any benefit increase can be many times gremt~r ~ would I~ expected at tlrst glance. ii 24 9:3 12:45 FL LEAGIjE OF CITIE% ~ 615612455??4 Ms. Carol Marchner November 20. 1998 Page Three Of the cities who provided actuarial repons for review, the non-emptoyee funding require, mere avcrag~l 15.2% of payroll As we have discussed, this compares very favorably to thc lypical private sector retirement plan ~ost of 4-5% of payroll. Of course, there are important ze~soas that public safety employes have earlier retirement ages than most other employe~s, so one w~uld expect to acc high=r retirement plan costs. However, the difference bet~veen the 4-5% typical private sexier cost and the 15.2% for the group we reviewed appears to much greater than is necessary to provide for the early retirement factor. Compensatign~.finition - Exhibit.I We reviewed the actuarial valuation repons of the 33 individual police pension plato we received. Of the cities with police pension plans, several already had an actuarial impact statement or othcr cost estimate performed. For five cities we were unable to determine wh~'~her compensation would be affected by I49 3075 because the actuarial report was not specific. Sixteen of the 28 cities we were able to vcri~y wou]d be change in police compensation mandated by I-lB 3075. We received compensation information f~om 15 and performed an acmaria! cost estimate based on this information. The estimated impact of thc proposed change in the definition of comI~nsation is displayed on Exl'fibit I. In order to e, stimate the cost impact of the change in the definition of compensation we requested information directly flora the cities. We asked them what increase ia compensation they would extgct from the change required by I-lB 3075 based on actual salaries of their police officer. Attached after Exhibit IV is a sample copy of the letters we sent to the Cities requesting sa}ary k~ormetion. We used compensation they r~port~d to estimate the present value of benefits and calc~llated the annual funding incre, a.se based on the actuarial cost method and assumptions contained in thc valuation reports provided. Disability Bestir Qffst~s - P. Xhi~b II We reviewed ~ ac~ v~uation r~pom of ~e 34 individual cities we r~e~i~. Of · ~e, ~v~ ~ ~ accel co~ ~timate peffo~ed ~g~ding ~s ch~c. ~ p~s of ~ose we re~ewed have ~iliiy Scgfi~ ~.t ~o offget for $oeifl $~ or wo~ers ~m~ion ~fits w some degree ~d could be hnp~t~ by ~s ch~ge. We ~o~ ~st e~ for ~e seven of ~hese ~neen plms that ap~ ~ ~ve a ~ed~ ~ impact. B~ on the ~f~ation av~ble ~om tho~ who ~ ~al ~ffies ~ffo~ed ~ ~de e~imatgs of ~e ~ten~aI ~0act on the pl~ ~ ~d Rot, ~se g~l~ ~ Oi~lay~ on E~bit II. In o~er to ~s~ ~e cog impa~t of the elimination of the disabiliW offset, we follow~ a s~il~ approach to ~ai d~c~d in E~bit I, ~ere ~ssible, we ~e ~j~~ ~ ~c res~ p~sented in ~e acm~ valuation ~pons b~ on ~e ~s~pfions ~d me.ods ~ed by ~e ~em ac~. 11 2.4 98 12:.45 FL LE~qGI_IE OF EITIE?; .-,. 615E, 1243._']4774 110._'3,42 PO5 tV[~. Carol Marchner November 20, 1998 Page Four Premium T~Refimds - Exhibit III H~ 3075 includes language which could result in local pension boards diverting the premium tax refunds from the ~:~isting pension plans to provide other retirement benefits. We reviewed the actumal tepott~ provided and summarized tile arnounl of rcvonuc thc cities involved could lose under thi~ provision. Please note that the premium tax revenue est.~mates show~ in this report are based on 1996 and 199'~ amounts; 1998 actual amounts will probably be greater. This informetion is displayed o~ Exhibit The total potential cost impact of all lhre¢ of'the cha~ges described above is $25,$42,000 for the 30 cities we evaluated. In addition, if the pension boards for the other cities that sponsor local law police and t~re pension plans were to re, direct their pren~ium tax funds, another $29,826,000 of increased co,ts would be pa~sed to these cities. Based o~ Ih= three provisions of the bill discussed in this report, as much as $~5,668,000 in increased cosls could be created for Florida 0ici a, Please note that all of our caI~.ula~ions are based at least in part on the work performed by the actuaries for the plans in this study. We used the resuks or,heir valuation reports to prepare our cost ~timates. In order ~o estimate the impact of thc c]iminado~ of th~ disability offsets we ~s~ that 50% ofdisabl~ employees ~ould qualify Ibr Social SecuriW disability or Workers Compcn~tion benefits. We also assumed that each of these benefits would equal 25% of the employees' ~mpensation. We would be happy to respond to any ques[ion~ or comnqents regarding this report at you[ conve~en~. Please give us a call if you have any questions or common,ts regarding the report or would like to schedule a meeting to r¢~iew it in al:tail. Ve~ truly yours, Stephen ~. ~e~ ~ncipal ~ociate of~e So~ety of~luaries ~olled A~u~ ~96-4342 lmb l~.nciosures 11 2~ 98 12:45 FL LEAGUE OF CITIES EXHIBIT I Police Corn pensa tion Definition Change £s/imated Revised Current Annum [ncrense ($) Annum Bay ~or ~lands $ 206,000 $ 39,000 $ 24~,000 19% Bo~n $ ],454,000' $ 300,000 ~ 1 754,000 21~ Oomi 8p~in~ ~ 6so,ooo ~ vso, ooo ~ ~.~oo, oo0' ba~oni~ch '" $ 1,524,000 .... $ 236,000 $ 1,760,000 ~elr~yB~h $ 1,247,000 ' '$ 212,000 $ 1,459,000 17% Ft. Laud~}dale $ 6,294,060 $ 936,000 '- $ 7,230,000 I~honville Beach $ 349,000 $ 206,000 $ 555,000 59% ~ssimmee $ 43,000 '$ 5},00o' - $ ~ ],000 ~r~o S o , ~oo,ooo S ' ~o0,~0o ~,mi Shor~ $ 190,000 $ 12 l,O00 $ 311,oo0 64% O~land Pa~ $ 125,000 S 330,000 $ 455,000 264% ~hndo $ 7,601,000 $2,02g,000 $ 9,629,000 2?% S~ord .... $ 67,0~'0 $ 72,000 $ 13~,000 .... 107% Tallahasse~ ....... S 8,212,000 .$1,277,000 $ 9,4~9,000 16% ~ampa $ 3,073,000 $ 227,600 $ 3,300,006- TOTA~ $31,035,000 $7,172,000 $3 ~,207,000 23% .1.1 2~ Lq-P]. 12:4='-, FL LEAGUE OF EITIEE; .-, 615E, 1243~?74 11E1._'542 PO? EXHIBIT II Elimination of Diasbilit3, Benefit Offsets Estimated Current Annual Increase ($) Revised Annual Estimated C_it~ ~ .City Funding In Annual C.i_tv Fundin;; City Fundin~ Inc.rease (%) Coral Springs $ 650,000 $ 42,000 $ 692,000 6.0% DelrayBeach $ 1,2a7,000 $ 43,000 $ 1,2§0,000 3.0% Ft. Laudercla[o $ 6,294,000 $220,000 '$ 6, 5 i 4,~)'00 '3.0% I'Iallandale --' $ 981,000 $ 68,000 $ 1,0491000 7.0% Laudcrhiil ..... '$ -~4'3,000 $ ~9,0~00 $ 562,000' 3.0"/'0 Orlando $ 7,601,000 $ 30,000 $ 7,631,000 0.4% Tamarac $ 1,055,000 - $-40,000 $ 1,095,000 4.0% TOTAL $18,371,000 $462,000 SIR,g33,000 3.0% 11 2-! 9:~', 12:45 FL LEAGUE OF ,]ITIE'E, ~ 615E, 12-;]_~?74 ~1CI.]-;2 POE'. EXHIBIT I11 Diversion of Premium Tax Funds E~timated Current Annual Increase ($) Revised Annual Estimated Ci~ City Fundine In Atmz~al City Fu,di~g City Fundln~ ~ay ~bor ~lands $ 2~,000 $ ] 8,000 $ 224,000 ~aRaton $ 1,45~,000 $ 1,635,000 $ ~,O~9,0QO Br~kaville $ 20,~00 S ag,000 $' ' -68,000 2a0% C~selbe~ $ 9,000 $ 0 $ 9,000 0% Cor~ Springs $ 650,000 $ 450,000 ~ 1,t0~,000 69% Da~onaBeach $ 1,524,000 $ 415,000 $ 1.939,000 27% Debay~each $1,247,000 s 505.000 $1,752,000 40% Dunlin $ 120,000 $- 9S~000 ' $ 218,000 ft. Lauda~d~c $ 6,g~,090 ~" ~,~32,000 ~ s32a,ooo -~inesville'- S 2,053,000 $ 704,000 ~" 2,75~.000 34o~ Hallandal~ ' $ 9g 1,000 5 279,000 ~ '1~260,000 28% Iackso~vill~ch $ 349,000 $ 140,000 $ 489,000 40% ~s~imm~ $ 43,000 $ 268,000 $ 311,000 623% L~go " S o S 63~,ooo $ 636,o~o Lauderhill $ 543,000 $ 284,000 $ 827,000 52% ~ami Shores $ 190,000 $ 29,000 $ 219,000 1 On.anti,ark ......$ i25,000 $ 129.000 $ "254.000 ' 103% Ocoee $ 548.000 $ gS,000 $ 633,000 16% Orlando -' $ 7,601,000 $ 3,084,000 ~t0,685,000 Ofmond~aeh' $ 144,000 $ 264.000 ~ 40g,000 183% P~atka ...... $ 199,000 S 99,000 $ 298,00~ Pembroke Pine~ $ 1,508,000 $ 858,000 $ 2,366.000 57% Pon Orange $ 98,000 $ [96.000 $ 294,000 ~v~aB~eh S 520,000 $ 83,000 $ 603,000 10°~ S~ford $ 6~0 $' 248,000 ..... $ 3 t5,000 370~o St. Au~ne $ 0 $ 196.0~0 $ 196,000 N/A Tallah~see $ 8.212,000 $ 1,218,000 $ 9,430,000 15oA Tamarac $ 1,055,000 $ 357,000 $ 1,412.000 34% Tampa '$ 3,073,0o0 $ 3,472.000 $ 6,545,000 113% T~pon Sp~ngs $ 81,000 $ 78,000 $ 159,000 96% TOTAL s3s,~n,ooo Slg,208.000 $57,122,000" 11 .-2a 'BE: 12:45 FL LEI~GLIE OF CITIES EXHIBIT IV Total- All Three Changes EsziTnated Current Annual Increase ($) Revised Annual Estimated (~lt-y City lrundinR In Annu.al, City Fqndh]R City Fu.dlnl[ Jatcrense Bay Harbor Islands $ 206,000 $ 57,000 $ 263.000 28% BocatLaton $1,454,000 $' 1,935,000 $ 3,389,000 133% Broo~vilb $ 20,00~ " $ 48,000 $ ~8.000 240% CaSSelberry $ 9,000 $ 0 $ 9,000 0% 'C'm'~lSprings $ 650,000 '$ 1,242,000 $ 1.892,000 191% DaYtona Beach $1,524,000 $ 651,000 $ 2,175,000 43% DcltayBeach $ i,247,000 '~ 760,000 '" $ 2,007,000 61% Dunedin $ 120~000 $ 98,000 $ 218,000 82% Ft. Lauderdale $'~,'294,000 $ 3,488.000 $ 9.~g2,000 55% Gainesville $ 2,053,000 $ 704,000 $ 2,757,000 34% Hailandale $ 981,000 $ 347,000 "' $ 1,328..000 35% Jacksonville Beach $ 349,000 $ 346,000 $ 695,000 99% Kissimmee $ 43,000 $ 306,000 $ 349,000 712% Largo $ 0 $ 1,036,0~)0 $ 1,036,000 - N/A Lauderhill $ 543,000 $ 303,000 $ 846,000 56% Miami Shores $ 190,000 $ lSO,OOO $ 340,000 79% OaidaodPark $ 125.00o $ 459,000 $ 584,000 '367% Ocoee $ 548,000 $ 85,000 $ 633~000 ]6% Or/andi) - $ 7,601,000 - $ 5,142,000 $12.743.000 68% OrmondBeach $ 144,000 $ 264,000 $ 408,000 183% Palatka $ 199,0'0-0' $ 99,000 $ 29~'i000 50% Pcmbrok Pines $ i,~08,000 $ 858,000 $2,366,000 $7~/o Port Orange $ 98,000 $ 196,000 $ 294,000 200% Riviera Beach $ 520,000 $ 83,000 $ 603,000 16% Sanford $ 67,000 $ 320,000 $ 387,000 478% St. Augu~ine $ 0 $ 1'96,000 $ 196,000 N/A Tallah~sec $ 8,212,000 $ 2,495,000 $10,707,0-(~0 30% Tamarac $ 1,055,000 $ 397,000 $ 1,452,000 38% Tamp~ $ 3,073,000 $ 3.699,000 $ 6,7'J2,0'60 120% Tarpon Springs $' "81,000 -- $ 7g,000 ~ 159,000 96% ~)TAL $3 g.914,000 ~'25.842.000 $64, ? 56,000 66% ii 2.; 98 12:45 FL LEAGUE OF i]ITIE~, ~ 6i56i2433774 li0.342 plo October 2. 199g Addre~ City, . , FL Dear : We hav~ been retained by the Florida League of Cities to assist in evaluating the potential impact of liB 3075 on e. itics' pension costs. One provision in particular that we are evaluating is the change in the definition of compensation mandated by the bill. As you ~re probsbly aware, the bill defines police compensation or ~iary to mean "total .cash remuneration" including overtime, but excluding payments for extra due7 or special detail work performed on behalf of st second party employer. Overtime can be iirnked to 300 hours per year. The change w, uld presumably nifo require cities to include terminal leave payouts and other items in police officers' pay for pension purposes. In order to estimate the cost impact of this change we need to get an estimate of the increase or decrease in compensation for police officers that your city would realize under the language of the bill. We would like to get as precise and accurate an e..atimate as possible, however, a reasonable approxirnalion will be sufficient for now. l%r e~ample, if it is possible to have your payroll department perform an analysis comparing gurr n compensation to a version that meets the new definition, that would he ideal. If not, an e~timate based on several individual employees would be acceptable if you believe that it is representative of the group ~s a whole. If you are not comfortable that you can provide a single estimate of the increase, two or three estimates will be fine. For e,ample, you may wish to say that the change in ~mpensatlon will resuk in a 2.5% increase under one scenario, a 4.0% increase under another one ~nd a '7.4% increase under a third. We need your best estimate of the expected impact of this change oU pension compens:~tion. One of our consultants will be calling within the next week to discuss this issue and to get your eszimated change in cqmpensation under the bill. We need to have this in~'ormation U t66t'1 a~ possible, 'If you have any qucstionfi r0garding hi$ information, please give mc a call at ($13)-218-4129, otherwise we will be contacting you shortly. Very truly yours, Stephen M Metz Principal SMM/gm ~: Carol Macchner, Florida League of Citles [ITY OF DELARY BEACH CITY ATTORNEY'S OFFICE ,,,w TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Dirccl l,me: 561/243-7091 DELRAY BEACH Ali. America City M E M O R A N D U M '~ll~llll! DATE: Novemberl6, 1998 1993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: AIbaugh~. Cit_~ of Delray Beach The Plaintiff, Mr. Albaugh, filed suit as a result ora bicycle accident in which he claims he was thrown from his bicycle as a result of his front tire hitting a crack in the sidewalk. This occurred on May 3, 1997. The Plaintiff alleges that as a result of the accident he sustained a tear of the medial meniscus and a tear of the anterior cruciate ligament in his left knee. Surgery was performed on the Plaintiff% left knee that resulted in medical bills totaling approximately $16,000.00. The Plaintiff also asserts that he has lost wages in the amount of $2,000.00. The Plaintiff is claiming that the City was negligent in the maintenance of the sidewalk. Mr. Albaugh~ through his attorney, has offered to settle this case with the City for $28,000.00, which includcs all attorney's fees and costs. If the Commission accepts this ofl~r, the City Attorney's Office will obtain a complete release from the Plaintiff for all of his claims, Our office recommends acceptance of this offer. The City's Risk Manager, Frank Babin~ and Steve Hanzman~ adjuster tbr Gallagher Bassett, concur in our recommendation. By copy of this memo to David Harden, City Manager, our office requests that this matter be placed on the December 1, 1998 City Commission agenda. Please call if you have any questions. Cc; David Harden, City Manager Alison Harty, City Clerk :\lbaugh.com MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY IVlJ~AGER~ SUBJECT: AGENDA ITEM ~ - REGULAR MEETING OF DECEMBER 1, 1998 CITY COMMISSION LIAISON TO PARKING MANAGEMENT ADVISORY BOARD DATE: NOVEMBER 25, 1998 This is before the Commission to consider appointing a liaison to the Parking Management Advisory Board as a replacement for Mr. Egan. The Parking Management Advisory Board was formally established as an advisory body to the City Commission by Resolution No. 88-97, as subsequently amended by Resolution No. 10-98 which added a citizen-at-large representative, and by Resolution No. 33-98 which added a representative from the Chamber of Commerce. The parking board's charge is to advise and make recommendations to the City Commission with respect to parking management policy and related issues such as planning, financing, development, construction and operation of parking facilities. The geographic area within which the board operates is defined as the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as all public parking areas located along State Road A1A in the City. A copy of Resolution 88-97 is attached. Prior to the board's establishment as a formal body, an ad hoc committee known as the Parking Management Team was tasked with pursuing various parking related issues. Commissioner Egan served as a member of the team, providing City Commission representation. When the board was formalized, Mr. Egan continued in the capacity of City Commission liaison. The Parking Management Advisory Board meets on the fourth Tuesday of each month, unless otherwise scheduled, at 5:30 p.m. in the First Floor Conference Room at City Hall. Mr. Barcinski is the staff liaison. Recommend consideration of a replacement City Commission liaison to the Parking Management Advisory Board. for the purpose of advising and making recommendations with respect to parking management policy and related issues. ref:agmemoll ~%~' ~ ~~ RESOLUTION NO. 88-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE PARKING MANAGEMENT TEAM AS AN ADVISORY BOARD TO THE CITY COMMISSION; PROVIDING FOR THE PARKING MANAGEMENT ADVISORY BOARD'S PURPOSE; PROVIDING FOR THE BOARD'S COMPOSITION, APPOINTMENT OF MEMBERS AND TERMS; PROVIDING A GEOGRAPHIC AREA WITHIN WHICH THE PARKING MANAGEMENT ADVISORY BOARD SHALL OPERATE; PROVIDING GENERAL PROVISIONS FOR ORGANIZATION AND OPERATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Parking Management Team was created as a task team by the City Commission with the adoption of Resolution No. 121-92, as subsequently amended by Resolution No. 39-93; and WHEREAS the City Commission finds that parking and related issues within certain areas of the City have become of utmost importance and should be addressed in an organized and structured manner; and WHEREAS, the City Commission finds it to be in the best interests of the City of Delray Beach to establish the Parking Management Team as a formal advisory board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Parking Management Advisory Board is hereby established as an advisory body to the City Commission pursuant to the provisions set forth herein, and repealing Resolution Nos. 121-92 and 39-93. Section 2 That the Parking Management Advisory Board is hereby created for the purpose of advising and making recommendations to the City Commission with respect to parking management policy and related issues including, but not limited to, the planning, financing, development, construction and operation of parking facilities in accordance with the provisions of this resolution. Section 3. That the Parking Management Advisory Board shall be composed of seven (7) regular members, with representation as follows: (a) A representative from the Community Redevelopment Agency; (b) A representative from the Downtown Development Authority; (c) A representative from the Planning and Zoning Board; (d) A business owner/operator representing the Old School Square Historic Arts District; (e) A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and Interstate 95; (f) A business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal Waterway; and (g) A business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway. The Community Redevelopment Agency, the Downtown Development Authority and the Planning and Zoning Board shall recommend appointees, with the City Commission having the authority to approve and ratify all recommendations for membership. The balance of the Parking Management Advisory Board membership shall be appointed directly by the City Commission. The members of the Parking Management Advisory Board shall serve for terms of two (2) years, except that the members of the first board to serve shall be appointed so that three (3) members shall serve one (1) year terms and four (4) members shall serve two (2) year terms. It is further provided that no member may serve more than two successive terms on the Parking Management Advisory Board. Section 4. That the geographic area within which the Parking Management Advisory Board shall operate is defined as the boundaries of the Transportation Concurrency Exception Area (TCEA), a map of which is attached hereto and made a part hereof, as well as all public parking areas located along State Road A1A within the corporate limits of the City of Delray Beach, as currently exist or as may exist in the future. Section 5. The Parking Management Advisory Board shall be organized and shall operate as follows: (a) The Parking Management Advisory Board shall elect a Chairperson and Vice-Chairperson to preside at its meetings and any other officers the board may deem necessary. - 2 - Res. No. 88-97 (b) The Parking Management Advisory Board shall hold meetings on a regular basis at least once monthly, which meetings shall be open to the public. Minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes and any other reports to be transmitted to the City Commission and the City Manager. (c) The Parking Management Advisory Board shall have technical and logistical support provided as designated by the City Manager. (d) The Parking Management Advisory Board shall be subject to the provisions of Chapter 32, "Departments, Boards and Commissions", of the Code of Ordinances of the City of Delray Beach, except as modified by this resolution. Section 6. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 9th day of December, 1997. ATTEST: ..... ~ity Cl~k - - 3 - Res. No. 88-97 o/coo ,o TO: ~YOR ~ CITY CO~ISSIONERS ~ ~~ ~/~- FROM: CITY ~AGER ~'~:[ ~/~ S ZCT: ITZM RZS MZZT NS DZCZMBZ ORDIN~CE NO. 47-98 (IN LIEU OF P~KING REGU~TIONS) DATE: NOVEMBER 25, 1998 This is second reading and a public hearing for Ordinance No. 47-98 which amends LDR Section 4.6.9(E) with respect to the in lieu of parking regulations. It also amends LDR Section 4.4.13(G), Supplemental District Regulations for the Central Business District, by excluding restaurants from the reduced parking requirement allowed within the area bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east, and S.E. 1st Street on the south. Ordinance No. 47-98 is the culmination of months of research and analysis by staff, as well as review by the Planning and Zoning Board, the Parking Management Advisory Board, the Downtown Development Authority and the Community Redevelopment Agency. A synopsis of the review and recommendation process is outlined in the attached staff report. The proposed changes are essentially as follows: ** an increase in the cost per space from $6,000 to $12,000; ** revisions to the financing option to allow installment payments over a 2-year period, with 50% paid at signing of the agreement and two annual installments of 25% on the first and second anniversary dates of the agreement; ** a fixed annual interest rate of 8% will be added to payments two and three; ** in lieu of agreements allowing installment payments shall not be made with tenants; and ** a provision requiring the construction of on-street parking where adequate right-of-way exists, and after construction is completed an offsetting reduction of the in lieu fee as a credit for such parking, including beautification elements. In addition, the clarifying language requested by Mr. Ellingsworth has been incorporated in the ordinance as outlined in the attached memorandum from Mr. Jambeck. The ordinance will become effective upon its passage on second and final reading. The provision related to excluding restaurants from the reduced parking requirement in a certain portion of the CBD is proposed since it is apparent that a reduced parking requirement is no longer needed as a redevelopment incentive. At first reading on November 17, 1998, the Commission passed the ordinance by unanimous vote. Approval is recommended. ref:agmemol2 [IT¥ DF DELRRV BEI:I[H CITY ATTORNEY'S OFFICE ~°°"~ "' ^~' ~"^~ ~^~"' ~'~°"~^ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ail.America City lVIEMORANDUM llll~'llll DATE: November23, 1998 ~ ~ ~ TO: City Commission David T. Harden, City Manager FROM: Jay T. Jambeck, Assistant City Attorney~ SUBJECT: Changes to In-Lieu Fee Ordinance The following is a summary of the changes made to the in-lieu fee ordinance that were requested by Commissioner Ellingsworth for its second and final reading: 1. In Section 4.6.9(E)(3)(d), language was added making clear that the interest on the unpaid portion of an in-lieu fee agreement shall begin to accrue upon execution of the agreement. 2. In Section 4.6.9(E)(3)(e), language was added clarifying that in no event shall the amount reimbursed for construction costs of on-street parking spaces exceed the total amount of in-lieu fees to be paid to the City. Attachment cc: Alison MacGregor Harty, City Clerk Diane Dominguez, Planning Director Ron Hoggard, Senior Planner in-lieu-letter2.jtj ORDINANCE NO. 47-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4 . 6 . 9, "OFF- STREET PARKING REGULATIONS" , SUBSECTION 4.6.9 (E), "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING REGULATIONS; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO EXCLUDE RESTAURANTS FROM THE REDUCED PARKING REQUIREMENT IN THAT CERTAIN AREA OF THE CBD MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on October 19, 1998, and voted 4 to 1 to forward the changes with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Location of Parking Spaces: (1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E) (3) (e), the construction of additional on-street public parkinq may be used to off-set the total dollar amount due under an in-lieu fee aqreement with the City. (2) Required off-street parking shall be provided on the same lot or parcel as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in lieu of providing such required parking, pursuant to the following provisions: (a) The in-lieu fee is authorized only in the CBD, OSSHAD and GC (West Atlantic Avenue Overlay District) zoning districts in compliance with the supplemental district regulations provisions therein. (b) The fee is hereby established at ~6/~ $12,0.00 per space. Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. (c) All proceeds from such a fee shall be used for parking purposes. (d) The in-lieu fee may be paid at one time or in installments. Applicants for an in-lieu fee who are approved, and who do not pay the entire fee up front, must enter into an In-Lieu of Parking Fee Aqreement with the City. Such agreement shall be recorded with the land records office of Palm Beach County, Florida. The obligations imposed by such an agreement constitute a restrictive covenant upon a property subject to an In-Lieu of Parkinq Fee Agreement, and shall bind successors, heirs and assiqns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including interest, attorneys' fees and costs. In-lieu agreements may only be made between the City and the Owner{s) of the subject property. In-lieu agreements shall not be made with tenants. If an in-lieu agreement is entered into, installment payments shall be made over a two year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the - 2 - Ord. No. 47-98 agreement. The second installment shall be 25% of the total fee and is due on the first anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the second anniversary date .of the signing of the agreement. A fixed annual interest rate of 8% shall apply to the unpaid balance and be added to payments two and three. Interest begins to accrue on the unpaid balance upon the date the in-lieu agreement is executed. Unless the applicant has entered into an in-lieu agreement with the City, the in-lieu parking fee shall be paid in full at the time of submission of a building permit application. ~~~ /~1~ /~ /~ (e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee agreement has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to in-lieu fees unless authorized by the City Commission. The total in-lieu fee due shall be reduced by an amount equal to the actual construction costs, but in no event to exceed total in-lieu fees, for these on-street spaces including street lighting. Additional credit, not to exceed 10% of the total fee, may be taken for the actual construction costs of approved streetscape beautification elements in the public right-of-way. Beautification improvements may include, but are not limited to, paverbrick walkways, street furniture and - 3 - Ord. No. 47-98 landscaping. Credit may not be taken for those streetscape elements listed in Section 4.4.13(I) (2) (f) which are required to meet the performance standards for new developments in the CBD over 30 dwellinq units per acre. Neither credit for construction of on-street spaces, nor credit for construction of beautification elements shall be reimbursed until such construction has been fully completed. Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east, and S.E. 1st Street on the south, parking requirements shall apply to new floor area and restaurants only. Except for restaurants, ~hanges in use (both residential and nonresidential) shall not be required to provide additional on-site parking. The parking required for the creation of new non-residential floor area~ except restaurants, shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD zone district, the provisions of Section 4.6.9(C) shall apply, as further modified within this subsection(G) (1). Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 4 - Ord. No. 47-98 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 its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 5 - Ord. No. 47-98 TO: DAVID T. HARDEN THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER t, 1998 ANNE~TION, SMALL SCALE FUTURE ~ND USE MAP AMENDMENT FROM COUN~ MR-5 (MEDIUM RESIDENTIAL - 5 DU/AC) TO CI~ GC (GENERAL COMMERCIAL), AND INITIAL ZONING OF GC (GENE~L COMMERCIAL) FOR A PARCEL OF ~ND CONTAINING 0.172 ACRES, LOCATED ON THE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100' EAST OF MILITARY T~IL AND 600' SOUTH OF ATLANTIC AVENUE T~e subject ~ro~e~y containina a sinale family dwellina is located in unincorporated ~alm County, havin~ a County Future Land Use Map designation M~-~ (Medium ~esidential - ~ du/a~) and County zonina of A~ (A~ricultural ~esidential). The ~ro~e~y is Io~ated within the City's ~lannina Area (~uture Annexation Area) and is seekin~ volunta~ annexation at t~is time. T~e ~ro~osal is to annex t~e ~ro~e~y into t~e City, c~n~e t~e ~uture ~and ~se Map designation to City ~C Commercial), and a~ly an initial zonin~ desianation of ~C (~eneral Commercial). T~e ~ro~osed use of t~e prope~y is for the expansion of t~e Boca Delmy Animal ~os~ital thru is Iocme~ west of the subject ~ro~e~y. A~ditional backamund an~ an analysis of t~e requests are found in a~ac~ed ~lanning and Zoning ~oard ~taff At its meeting of November 16, 1998, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. No one from the Public spoke on the item, however the adjacent property owner (to the east) sent a letter (attached) in support of the expansion with noted concerns regarding the noise associated with the kennels (this item is addressed with the Conditional Use request). After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, 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 on first reading the ordinance for Annexation, the FLUM amendment from County MR-5 (Medium Residential - 5 du/ac) to City GC (General Commercial), and the application of an initial zoning designation of GC (General Commercial), for Boca Delray Animal Hospital based upon the findings and recommendation of the Planning and Zoning Board, and setting a public hearing date of January 5, 1998. ORDINANCE NO. 49-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 61, SECOND ADDITION TO COUNTRY CLUB ACRES, ACCORDING TO THE PLAT THEREOF, LOCATED ON THE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100 FEET EAST OF MILITARY TRAIL AND 600 FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Joseph L. Fabec and Sally Ann Fabec, his wife, are the fee-simple owners of a 0.172 acre parcel of land located at 4965 Jefferson Road (north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; and WHEREAS, Beril Kruger Planning and Zoning Consultants, as duly authorized agent for the fee-simple owners hereinabove named, has requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of MR-5 (Medium Density Residential - 5 dwelling units/acre); and WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is GC (General Commercial); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of November 16, 1998, and voted unanimously to recommend that the requests be approved with an initial zoning of GC (General Commercial) District, based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Lot 61, SECOND ADDITION TO COUNTRY CLUB ACRES, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24 at Page 21. The subject property is located on the north side of Jefferson Road, approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; containing 0.172 acre, more or less. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. - 2 - Ord. No. 49-98 Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 5. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c) (4). Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General Commercial) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. 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 10. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of the land use plan amendment and zoning shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. - 3 - Ord. No. 49-98 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 49-98 ! DELRA Y ~ MD i K-~AR T SQUARE. PLAZA G C MARKE TPL A CE WASHINGTON FIRST MU TUAL UNION WEST ATLANTIC AVENUE BANK PINES L RAY WEST WEST PLAZA PLAZA SCOTTYS i~: JEFFERSON ROAD LINCOLN ROAD ADAMS ROAD WAS.,.0.ON ROAD O$ MADISON ROAD N ANIMAL HOSPITAL ~ BOCA/DELRAY - AREA PROPOSED FOR FUTURE LAND USE MAP AMENDMENT CITY O~ O£L~AY B[ACH, rL ~LANNING & ZONING DEPARTM£NT F"~OM: PALM B.[ACH COUNTY MR-5 (MEDIUM RESIDENTIAL-5 UN~TS/ACR£) TO: C~ OC (GEN[~ CO~M[RC~) B. COU~Y~ ~~ zo -- ~ PUBLIX N WASHINGTON FIRST MU TUAL UNI ON PLAZA ~U//Y5 ~ ~ ~ PLAZA ~ST [ N BOCA/DELRAY ANIMAL HOSPITAL ] ~ - AREA PROPOSED FOR REZONING OTY ~ D[g~AY BEACH. rL P~ANNING ~ Z~ING DEPARTMENT FR~: P~M B~CH COUN~ AR (~R~CULTU~ RESIDE~) TO: Cl~ ~ (GENE~ COMMERCI~) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 16, 1998 AGENDA ITEM: w.c. ITEM: Future Land Use Map Amendment from County MR-5 (Medium Density Residential-5 du/ac) to City GC (General Commercial) and Annexation with Initial Zoning of City GC (General Commercial) for a Parcel of Land Located on the North Side of Jefferson Road, Approximately 100 ft. East of Military Trail and 600 ft. South of Atlantic Avenue. lA'AL L - 3,..3 -- CANAL L-3~ i, DEL RAY K-MART 50UARE PLAZA GENERAL DATA: i _,~ Owner .............................................. Joseph L. and Sally Ann Fabec MA/~KETPLAC£I ~~lll -- OF Applicant ........................................ Boca Delray Animal Hospital o~, Agent ........................................... Beril Kruger Planning and Zoning Location ........................................... North side of Jefferson Road, uuru~, approximately 100 ft. east of WEST ATLANTI AVENUE Military Trail and 600 ft. south of Atlantic Avenue Property Size ................................... 0.172 Acre Existing F.L.U.M. Designation ......... County MR-5 (Medium Density Residential-5 du/acre) Proposed F.L.U.M. Designation ....... City GC (General Commercial) Existing Zoning ................................ County AR (Agricultural Residential) Proposed Zoning ............................. City GC (General Commercial) Adjacent Zoning ..................... North: City PC (Planned Commercial) East: County AR South: County AR West: City GC (General Commercial) Existing Land Use ........................... Single Family Residence Proposed Land Use ......................... Future Land Use Map Amendment and Annexation to accommodate an addition to an existing Veterinary Hospital Water Service .................................. Existing on site Sewer Service .................................. Existing on site LAK[ VI.C. The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-Scale Future Land Use Map amendment from County MR-5 (Medium Residential - 5 du/ac) to City GC (General Commercial) with initial zoning of GC (General Commercial). LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on north side of Jefferson Road, approximately 100' east of Military Trail and 600' south of Atlantic Avenue. I: : '~: B AC K GRQU N D l:P RiOJ!E~C T D'iE!S~'R Iip:~lO N The subject property involves Lot 61, Second Addition to Country Club Acres. The 0.172-acre property contains a single family home located in unincorporated Palm Beach County, and within the City's Planning Area. It has a County Future Land Use Map designation of MR-5 (Medium Residential - 5 du/ac) and County zoning of AR (Agricultural Residential). The proposal is to annex the property into the City, change the Future Land Use Map designation to City GC (General Commercial), and apply an initial zoning designation of GC (General Commercial). The proposed use of the property is for an expansion to the existing Boca Delray Animal Hospital, which is located immediately west of the subject property. Boca Delray Hospital involves Lots 62 and 63, Second Addition to Country Club Acres, and obtained a water service agreement from the City in 1984 to accommodate the development of a veterinary clinic. On December 12, 1989 via Ordinance No. 67-89, the property was annexed into the City and given an initial zoning designation of GC (General Commercial). Veterinary Clinics are allowed as a Conditional Use in the GC zone district which is addressed in a separate report. ,FUTURE LAND USE !MAP AME~NDMENT ~ANALYSIS Current Land Use Designations: The current County Future Land Use Map designation for the property is County MR-5 (Medium Residential - 5 du/ac), The current City "advisory" Future Land Use Map designation for this property is LD (Low Density 0-5 du/ac). Requested Land Use Designation: The requested Future Land Use Map change is to City GC (General Commercial), Florida Statutes 163.3187 -Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the Planningand Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 2 frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; and, The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months. That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre. El The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. The property that is the subject of a proposed amendment is not located within an area of critical state concern. The FLUM amendment involves a 0.172-acre area; thus the total area is less than the 10 acre maximum. This amendment along with other small-scale amendments processed this year, outside the designated areas, will not exceed 60 acres. This property has not previously been considered for a land use amendment nor has the same property owner's properties been granted a land use change within 200 feet, within the last year. The proposed amendment to GC (General Commercial) is being processed concurrently with a request for annexation and initial zoning of GC (General Commercial), to accommodate an expansion to the existing veterinary clinic, which is allowed as a conditional use in the GC zone district. The proposed amendment does not involve a residential land use. The amendment does not involve a text change to the Comprehensive Plan, and deals with a site specific small-scale amendment activity. The property is not located within a designated redevelopment or traffic concurrency exception area, nor is it within an area of critical concern. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1 .I(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 3 The GC (General Commercial) Future Land Use Map designation is consistent with the proposed GC zoning designation. The proposed use (expansion to the existing veterinary clinic) is allowed as a conditional use within the GC zoning district. Consistency between the City and County Land Use Designations: The City's GC Future Land use Map designation is inconsistent with the County's MR-§ Land Use designation which allows for residential uses. The current City "advisory" Future Land Use Map designation is LD (Low Density). The current City's FLUM designation as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Future Land Use Map Amendment is processed. Adjacent Land Use Map Designations, Zoning Designations & Land Uses: North: Property to the north has a City Future Land Use Map designation of GC (General Commercial) and PC (Planned Commercial) zoning designation. The property is developed as a shopping plaza (Delray West Plaza). South and East: Property to the south and east have a County Future Land Use Map designation of MR-5 (Medium Density Residential-5 du/ac) and a County zoning designation of AR (Agricultural Residential). The existing land use is a single-family development (Country Club Acres). West: Property to the west has a City Future Land Use Map designation of GC and a zoning designation of GC. The existing land use is a veterinary clinic (Boca Delray Animal Hospital). Allowable Land Uses: Under the proposed GC (General Commercial) Future Land Use Map designation, commercial and office zoning districts (i.e. GC, AC, NC, PC, RT, POC, and POD) are allowed. The applicant has requested an initial zoning designation of GC (General Commercial), which is consistent with the proposed Future Land Use Map designation of GC. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: 1::3 Demonstrated Need -- That there is a need for the requested land use, The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of EM-8 and Small-Scale Future Land Use Map Amendment Page 4 requests for the FLUM designations of Conservation or Recreation and Open Space. The proposal involves annexation of property, which requires changing the FLUM designation from County to City. The current County FLUM designation is MR-5 and the current City "advisory" designation is LD, which allows single family residential zoning districts. The proposed City FLUM designation of GC is to accommodate the expansion of an existing veterinary clinic. The need is particular to this specific business which has outgrown its current space, as opposed to a demonstrated City need for this particular land use. However, the change is being made to a small parcel that is immediately adjacent to the commercial piece, and the residential and commercial uses have co-existed for many years with no problems. The change will likely have minimal impact on the character of the area. Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property was previously disturbed and contains a single-family dwelling. There are no physical or environmental characteristics of the land that would be negatively impacted by the proposed expansion to the veterinary clinic. Compatibility is not a major concern as the veterinary clinic has been in operation for many years and co-existed with the adjacent neighborhood. There is no knowledge of any problems associated with the existing use. To further compatibility a 6' high concrete wall is proposed along the east property line, and heavy landscaping (i.e. trees 25' on center to form a solid tree line) will be required. The redevelopment of the property from residential to commercial does not necessarily fulfill a remaining land use need, however it will allow a well-established business to make some minor modifications to its site. Based on the above, a positive finding to this Objective can be made. Future Land Use Element Policy A-1.6: To encourage revitalization of the City's Central Business District and enhance the residential character of the western portion of the City, Future land Use Map amendments to commercial designations in the area west of Interstate 1-95 shall be discouraged. This policy was intended to prevent large-scale planned commercial developments such as shopping centers, which could house major retail tenants that would compete with the downtown. The FLUM amendment is for a parcel of land, which is less than an acre and is not, located east of an arterial road. The amendment is to accommodate the expansion of an existing business (i.e. veterinary clinic) which will not compete with the redevelopment efforts in the City's Central Business District. Based upon the above, the proposal is not inconsistent with the Policy. Planning and Zoning Board Staff report Boca D61ray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 5 I~ Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The following Housing Element Policies apply to this development proposal: Housing Element Policy A-4.4 (Stabilization Neighborhoods): The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezoning to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. As the requested zoning is to GC, a positive finding to this policy cannot be made. An alternative approach that would allow the expansion without conflicting with this policy would be to rezone the subject parcel to CF (Community Facilities), which is one of the "allowable" zoning classifications. The building addition would have to be re-designed to have the expansion along the Military Trail side and the parking in the rear (parking lots are allowed as a conditional use in the CF zone district). A finding of consistency with this policy could then be made. The drawback to this approach is that the driveway access to the site would most likely have to be moved further east, bringing clinic traffic closer into the neighborhood. It would also result in a 7,500 sq. f. lot having a separate zoning designation from the surrounding area. Housing Element Policy A-12.3: In evaluating proposals for new development and redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that the proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The development proposal involves the expansion of an existing veterinary clinic. All aspects of the operation will be conducted inside. Therefore, the use should not have a negative impact with respect to noise, odors or dust. The traffic generated by the proposal is minimal (86 additional trips a day). Access to the site will not change with this development proposal. Access to the site will be through the existing curb cut onto Jefferson Road. As the project is located along the western edge of the neighborhood (adjacent to Military Trail), commercial traffic will not travel through the neighborhood to create a negative impact. Based on the above, the proposed expansion should not result in a degradation of the adjacent neighborhood. In fact, given the marginal condition of the neighborhood, this development proposal may have a positive effect with stabilization of the neighborhood. It is noted, that pursuant to LDR Section 3.1.1(C)(Consistency) a finding of overall consistency can be made even though the action will be in conflict with some Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 6 performance standards within Article 3.3 of the Land Development Regulations, provided the approving body specifically finds that the beneficial aspects of the proposed project outweighs the negative impacts of the identified points of conflict. In order to establish the use of a veterinary clinic, Conditional Use approval is required and Consistency is discussed further within that report. [3 Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. As discussed later in this report, the property can be developed at the highest intensity allowed under the GC land use designation and meet adopted concurrency standards. r-I Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility with the commercial developments to the north and west is not a concern. Compatibility with abutting residential properties to the east and south is a concern, however, there are sufficient LDR requirements in place to mitigate any potential negative impacts (i.e. landscape regulations and District Boundary Separation requirements). These items are further addressed with the Conditional Use analysis. I~ Compliance -- Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of the conditional use and site plan approval requests. There should be no problems complying with the Land Development Regulations. ANNEXATION ANALY~SIS · ' ~ Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031(13), an "enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 7 I~ The property is contiguous with the City along the north and west property lines. The property does abut unincorporated areas to the south and west. As a single municipality does not bound the subject property on all sides an enclave is not being created by this annexation proposal. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: Designated Annexation Area: The territory to be annexed is located within designated annexation area "D" (as identified in Future Land Use Element Policy B-3.5) on the east side of Military Trail south of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Delray Beach City Limits on the east, Atlantic Avenue on the north, and Clint Moore Road to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County's Fire Department (Fire Station ~42/Hagen Ranch Road near the Turnpike) to approximately 2.5 minutes for the City's Fire Department (Fire Station #4 at Barwick and Lake Ida Roads). Planning. and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 8 Water: The veterinary clinic has had City water since 1984, originally through the execution of a water service agreement and subsequently through annexation into the City. Water is provided to the site via a service lateral connection to an 8" water main located with Jefferson Road right-of-way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant to handle the additional demands generated by expansion of the clinic. Sewer: Sewer is currently provided to the veterinary clinic via a service lateral connection to an 8" main located along the south side of Delray West Plaza, which will serve the expansion as well. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant to handle the additional demands generated by expansion of the clinic. Streets: This property has access via Jefferson Road, which is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. A traffic study was submitted and states that the proposed 2,500 square foot expansion will generate 86 additional trips per day. The existing single family development generates 10 trips per day. Military Trail currently is operating at LOS "D", which can accommodate the vehicular trips generated by the proposed development. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: A slight increase in solid waste generation will be realized with this development proposal. The service provider will change, as described later in this report. FINANCIAL IMPACTS: Effect Upon Annexed Property: For the 1998 tax year the subject property had an assessed value of $64,285. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU 2.5764 Deleted (County) Library .4997 Deleted (County) City Of Delray Beach 6.9100 Added (City) City of Delray Beach Debt .7900 Added (City) 4.6239 Difference* * Total tax millage in the County is 19.8597 mills while in the City the total millage rate is 24.4836 mills. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 9 The current yearly ad valorem taxes are $ 1,256.79. With annexation the yearly ad valorem taxes will be $1,573.92; a tax difference of $ 317.14. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the fee is calculated using the following formula (# sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available as the site is within the Lake Worth Drainage District and an additional 25% discount may be available if drainage is retained on site. Solid Waste Authority - The annexation is being processed to accommodate the expansion of a business that is already receiving sanitation service from the City, BFI (Browning Ferris Industries). BFI will continue to service the site after the addition is complete. Occupational License Fees - The veterinary clinic has an occupational license. The City license fee for the facility is $125. As the proposal involves an expansion to the existing facility, no additional fees will be realized with this development proposal. Resulting Impacts to Property Owner: ; sUMMARY OF FINANCIAL IMPACTS ON THESUBJECT. PROPERTY FINANCIAL CONSIDERATIONS: AD VALOREM TAXES +$ 317.14 (Change from 97/98 County of 19.8597 to City 97/98 rate 24.836 mills.(4.7239) NON AD VALOREM Stormwater Assessment $ .00 Solid Waste Collection $ .00 WATER & SEWER UTILITY FEES $ .00 OCCUPATIONAL LICENSE FEES $.00 ANNUAL FINANCIAL IMPACT: +$ 317.14 Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 10 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 2.5 minutes (City) POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work ,, with property owners Fiscal Impacts to the City: At the 1998/99 City operating millage rate of 6.91 mills and debt rate of 0.79 mills, the vacant property will generate approximately $494.98 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric, telephone, and cable. : ': ZONING ANALYSIS ..i:-.' .:~ ~ · The proposed City zoning designation is GC (General Commercial) while the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: County AR to the south and east; City PC (Planned Commercial) to the north; and City GC (General Commercial) to the west. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form-which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed GC zoning designation is consistent with the proposed General Commercial Future Land Use Map designation. The proposed veterinary clinic is allowed as a conditional use within the GC zone district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. Planning and Zoning Board Staff report Boca D~lray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 11 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of single family lot. There will be no changes in the manner that water, sewer, drainage, and streets/traffic will be provided. Fire, EMS, solid waste and police will shift to a different provider; however, all of these services will be equal to or better than existing services (see annexation analysis for details). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The subject property contains a single-family dwelling. The development proposal involves the demolition of the dwelling for the expansion of a veterinary clinic. Any future development will be required to comply with all Land Development Regulations. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D)(5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Comprehensive Plan Policies: Consistency with the Comprehensive Plan was previously discussed under the Future Land Use Map Amendment analysis section of this report. Section 3.3.2 (Standards for Rezoning Actions): Standard A, B, and C are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial GC zoning designation will accommodate the proposed expansion to the veterinary clinic as a conditional use. Compatibility with the adjacent residential development will relate to how the lot is ultimately designed. The sketch plan indicates that the bulk and massing of the structure will be located to the west of the property (along Military Trail). A 6' high c.b.s, wall is proposed along the east property line to buffer any impacts from noise or headlights that may be generated by the development proposal. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 12 Regulations that help mitigate impacts include the placement trees every 25' along the east and south property lines where the subject property abuts the single-family neighborhood. Compatibility of a specific development proposal with the adjacent developments will be appropriately addressed with the review of the Conditional Use and site and development plan requests. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant is applying for annexation of this property into the City, which requires that an appropriate zoning designation be applied. The GC zone designation is being sought to be consistent with the proposed City Future Land Use Map designation of GC. As previously discussed the GC FLUM and zoning designations are requested to accommodate the expansion of an existing veterinary clinic. VVhile the zoning change does not specifically meet the findings listed above, the rezoning will allow a use that can be determined to be appropriate for this particular property given its location adjacent to the existing clinic and Military Trail. The home is not owner-occupied and the condition of the property appears to be deteriorating. The Boca Delray Animal Hospital is well maintained and when expanded onto this property will likely have a positive impact on the surrounding neighborhood. IE:W B~ ~O~H~E~R S ~!! ~ :.~. : ~: ~' The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Palm Beach County Notice: On November 4, 1998, the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 13 IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: [3 Country Club Acres [3 Greensward Village Condominium Association (within The Hamlet development) [3 Hamlet Residents Association [3 Highpoint West [3 PROD (Progressive Residents of Delray) t21 Presidents Council Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESS. MENT AND CO:NCEi;U~:IONS,, Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. However, the requested Future Land Use Map and zoning designations of GC are inconsistent with numerous Comprehensive Plan policies and required LDR findings. The majority of these inconsistencies could be addressed by applying a CF zoning designation to the annexed parcel, and redesigning the site so that the added parcel contains only parking. While this approach provides the consistency, it would create a development with split zoning classifications, and require relocation of the driveway further to the east into the residential area. LDR Section 3.1.1(C)(Consistency) allows the Board to make a finding of overall consistency even when the action will conflict with some performance standards, provided that the approving body specifically finds that the beneficial aspects of the proposed project outweigh the negative impacts of the identified points of conflict. While the GC land use and zoning allow more intense uses than are allowed under the current City advisory designation of LD (Low Density Residential), sufficient regulations exist to properly mitigate any potential adverse impacts from the expanded use. Additionally, any negative aspects of the veterinary clinic expansion will be further reviewed and can be mitigated through the conditional use process. If the Board does not find that the beneficial aspects of the project outweigh the negative impacts of the Planning-and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 14 inconsistencies with applicable policies and LDR standards, a recommendation can be made to rezone the parcel to Community Facilities. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. Upon development of the property for commercial purposes, the City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $494.98 a year. In conjunction with the annexation, Conditional Use approval is being sought and is discussed under a separate report. A site and development plan submittal will also follow. Compatibility of a specific development proposal with the adjacent developments will be addressed with the review of the Conditional Use request and again with a site and development plan request. ALTERNATIVE ACTIONS. A. Continue with direction to apply an initial zoning of CF (Community Facilities). B. Recommend approval of the Annexation based upon the following findings: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. And, recommend approval of the Small-Scale Future Land Use Map amendment from County MR-5 to City GC (General Commercial) and initial zoning designation of GC (General Commercial) for Boca Delray Animal Hospital based upon positive findings with respect to Future Land Use Element Objective A-1 and Housing Element Policy A-12.3 of the Comprehensive Plan; and a finding that while the proposal is inconsistent with certain other policies and standards, the positive aspects of the project outweigh the negative impacts. C. Recommend denial of the Annexation, Small-Scale Future Land Use Map amendment from County MR-5 to City GC (General Commercial) and initial zoning designation of GC (General Commercial), for Boca Delray Animal Hospital based upon a failure to make positive findings with respect to the following: Future Land Use Element Policy A-1.7 (FLUM Amendment Findings); Housing Element Policy A- 4.4 (Most Restrictive Zoning); and LDR Section 2.4.5(D)(5) (Reasons for Rezoning). Planning and Zoning Board Staff report Boca Delray Animal Hospital - Annexation with Initial Zoning of RM-8 and Small-Scale Future Land Use Map Amendment Page 15 Recommend approval of the Annexation based upon the following findings: 1. That the property is contiguous, reasonably compact and does not create an enclave. 2. That services will be provided to the property in a manner similar to other similar properties within the City. And, recommend approval of the Small-Scale Future Land Use Map amendment from County MR-5 to City GC (General Commercial) and initial zoning designation of GC (General Commercial) for Boca Delray Animal Hospital based upon positive findings with respect to Future Land Use Element Objective A-1 and Housing Element Policy A- 12.3 of the Comprehensive Plan; and a finding that while the proposal is inconsistent with certain other policies and standards, the positive aspects of the project outweigh the negative impacts. Attachments: · Future Land Use Map · Zoning Map THRU: DIANE DOMINGUEZ, DIRECTOR O FPLANNING AN~ Nl~~ FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNE~~/-~4/~ SUBJECT: MEETING OF DECEMBER 1, 1998 CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.6.t6(A) & (D) (LANDSCAPE REGULATIONS) TO ADDRESS GUDELINES ESTABLISHED BY FLORIDA POWER AND LIGHT (RIGHT-TREE-RIGHT-PLACE). ~ BAC KGROU ND i ~ Florida Power and Light Company (FPL) is encouraging cities to adopt their Right-Tree-Right- Place guidelines to heighten awareness of the importance of proper tree selection when planting near utility easements. The proposed amendment will place restrictions on trees allowed within and near utility easements. FPL has produced a circular, "Plant the Right Tree in the Right Place" (copy attached), which gives recommendations for small, medium and large trees, as well as small and large palms, indicating the distance from which they can be planted to power lines. FPL's recommendations would be adopted by reference to the circular. Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff report. PLANNING. AND ZONING BOARD cONSIDERATION The Planning and Zoning Board held a public hearing regarding this item at its meeting of November 16, 1998. There was no public testimony regarding the request. The Board voted 7-0 to recommend to the City Commission that LDR Section 4.6.16(A) (Landscape Regulations - Purpose and Intent) be amended to provide for proper tree selection adjacent to utilities to mitigate damages by trees, and Section 4.6.16(D)(Site Design Requirements), adding subsection (4) (Tree Selection Adjacent to or Within Utility Easements), which defines restrictions on trees placed within utility easements. ~ RECOMMENDED ACTION i By motion, approve on first reading a text amendment to LDR Sections 4.6.16(A) and 4.6.16(D) to place restrictions on trees allowed within utility easements, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of December 15, 1998. Attachments: · P&Z Staff Report and Documentation of November 16, 1998 · Ordinance by Others ORDINANCE NO. 50-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.16, "LANDSCAPE REGULATIONS" , SUBSECTION 4 . 6 . 16 (A) , "PURPOSE", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR PROPER TREE SELECTION ADJACENT TO OR WITHIN UTILITY EASEMENTS; AMENDING SUBSECTION 4.6.16(D), "SITE DESIGN REQUIREMENTS" BY ENACTING SUBPARAGRAPH 4.6.16(D) (4), "TREE SJLECTION ADJACENT TO OR WITHIN UTILITY EASEMENTS", TO PROVIDE FOR RESTRICTIONS ON TREES PLANTED ADJACENT TO OR WITHIN UTILITY EASEMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on November 16, 1998, and voted unanimously to recommend that it be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6.16(A), "Purpose", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.6.16 Landscape Recjulations (A) Purpose: The objective of this article is to improve the appearance of setback and yard areas in conjunction with the development of commercial, industrial, and residential properties, including off-street vehicular parking and open-lot sales and service areas in the City, and to protect and preserve the appearance, character and value of the surrounding neighborhoods and thereby promote the general welfare by providing minimum standards for the installation and maintenance of landscaping. This section also provides minimum standards for nonconforming sites and requires the upgrading of the landscaping on these properties, to the extent physically possible, within three (3) years. This section is further intended to fulfill objectives as contained within the Conservation Element of the Comprehensive Plan by providing for: the conservation of potable and non-potable water; the implementation of xeriscape landscaping principles; proper tree selection adjacent to or within utilities to mitiqate damaqes which may be caused by trees; maintaining permeable land areas essential to surface water management and aquifer recharge; encouraging the preservation of existing plant communities; encouraging the planting of site specific, native and drought tolerant plant materials; establishing guidelines for the installation and maintenance of landscape materials and irrigation systems; reducing air, noise, heat and chemical pollution through the biological filtering capacities of trees; reducing the temperature of the microclimate through the process of evapotranspiration; and promoting energy conservation through the creation of shade. The provisions of this section are minimum standards which may be increased in accordance with the guidelines contained herein as well as aesthetic criteria established by the Site Plan Review and Appearance Board and the Historic Preservation Board when applicable. Additional landscape requirements may be required for certain zoning districts and roadways as provided for elsewhere in these regulations. Section 2. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6.16(D), "Site Design Requirements", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Site Design Requirements: The following site design standards, concepts and practices shall be adhered to in the preparation of landscape plans. (1) Concepts for Water Conservation: (No Changes) (2) Preservation and Promotion of Existing Plant Co,,,,,~nities: (No Changes) (3) Site Specific Planting Materials: Trees and other vegetation used in the landscape design should be appropriate to the conditions in which they are planted, to the greatest extent, they shall be: (a) Salt tolerant relative to the area in which they are planted; - 2 - Ord. No. 50-98 (b) Able to withstand reduced water conditions if planted in sandy soils; (c) Able to withstand wet conditions when planted around retention/detention ponds or in swales~l (4) Tree Selection Adjacent to or Within Utility Easements: Required perimeter landscape buffers often coincide with utility easements. Careful selection of tree species is essential to minimize conflicts as trees mature, as follows: (a) The ultimate mature height and width of a tree to be planted should not exceed the available overhead growinq space. Tree species shall be consistent with the recommendation in the most recent publication of Florida Power and Light Company's "Plant The Right Tree In The Right Place" (copies available from the Community Improvement Department), which provides recommendations for tree selections. (b) Trees shall not be planted within ten (10) feet of any underground utilities. (c) Trees shall have non-invasive growth habits which will not interfere with adjacent above/underground utilities. 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 its passage on second and final reading. - 3 - Ord. No. 50-98 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 50-98 MEETING DATE: NOVEMBER 16, 1998 AGENDA ITEM: VI. E. - AMENDMENT TO LDR SECTION 4.6.16 (A) & (D) (LANDSCAPE REGULATIONS), TO ADDRESS GUIDELINES ESTABLISHED BY FLORIDA POWER & LIGHT (RIGHT-TREE-RIGHT-PLACE GUIDELINES). The item before the Board is that of making a recommendation to the City Commission regarding amendments to the Land Development Regulations Section 4.6.16 La/3.d.s.c, ap~ ~, (A) Puroose , to provide for proper tree selection adjacent to utilities to mitigate damages which may be caused by trees, and (D) Site Design Re0uirements , adding subsection (4) Tree Selection Ad!acent to Utility Easements, which defines restrictions on trees placed in utility easements. Pursuant to LDR Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Florida Power and Light Company (FPL) is encouraging cities to adopt their Right-Tree-Right-Place guidelines to heighten awareness of the importance of proper tree selection when planting in utility easements. Utility infrastructure is often jeopardized by the incorrect placement or selection of certain tree species. "Right-Tree-Right-Place" supports the City's objective of creating tree-lined streetscapes without compromising utility services. The cities of Boynton Beach, Boca Raton, Pompano and Lauderhill have adopted the Right-Tree-Right- Place guidelines through revisions to their landscape codes. FPL has requested the City of Delray Beach to adopt code amendments to strengthen language contained in the landscape code regarding planting restrictions in utility easements. LDR SECTION 2.4.$(M)(S)(Findings): In addition to provisions of Section 1.1.6 (A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The proposed amendment will add to the site design requirements [Section 4.6.16 (D)], which would place restrictions on trees allowed within utility easements. The mature height and width of a tree should not exceed the available overhead growing space. FPL has produced a circular, "Plant the Right Tree in the Right Place" (copy attached), which gives recommendations for small, medium and large trees, as well as small and large palms, indicating the distance from which they can be planted to powerlines. FPL's recommendations would be adopted by reference to the circular. P&Z Board Memorandum Staff Report LDR Text Amendment - Landscape Regulations -' Right-Tree-Right-Place' Page 2 Trees would also be restricted within ten feet of any dnderground utilities. This would pertain to all utilities, not just FPL. Tree selection would be further restricted to trees with non-invasive growth habits. Some trees, due to their fast growth rate and intrusive root systems have the potential to interfere with and disrupt utility services, and should not be planted at all. The proposed text amendment will strengthen the current language in the LDR's as it relates to trees permitted to be planted within utility easements, in an effort to minimize damage to utilities as a result of improper tree selections. By motion, recommend to the City Commission that LDR Section ~,.6.16 Land,s;ape Regulations. (A) Pu .mose, be amended to provide for proper tree selection adjacent to utilities to mitigate damages caused by trees, and (D) Site Desion Re0uirem{~nts adding subsection (4) Tree Selection Adjacent to Utility Easements, which defines restrictions on trees placed within utility easements. Attachment: Proposed Ordinance "Right-Tree-Right-Place" circular "Plant the RIGHT TREE in the .RIGHT PLACE" South Florida Plan Before You Plant . Choose suitable trees and palms for planting around your home, near powcrlincs, for courtyards, patios, lawns and strcetscapes. PROPER TREE SELECTIOI~ Often, we take our utility service for granted because it has become a part of our daily lives. To enjoy the convenience of reli- able electrical service, distribution systems are required to bring electricity to our homes. The location of these utility lines should play a major role in your 6 years tree and planting site selection. The ultimate, mature height and width of a tree to be planted should not exceed the available over- head growing space, it's important to plant the right tree in the right place. Proper tree selection will help to ensure trouble-free electrical service to your home (or years to come. 3 years The selection of trees to plant requires careful consideration. Trees planted in the wrong place can cause serious problems such as clogged sewers, cracked sidewalks, and power service interruptions. Planting the right tree in the right place can reduce maintenance expenses for homeowners as well as FPL, while improving the appearance of the landscape. Consult your tree care prolessional or garden c.enter staff to help you select the right tree. Always consider the ultimate In this publication you will find a select list of trees and palms as ~ve[l as re commendations for plantin9 in r elation to utility line s. IT) a t U re s i z ¢ w h ¢ n pla n ti ng. SMALL TREES I Large T Less than 20' ht. at maturity Can be-pl_.a_nted adjacentto powerlines 30' minumum For courtyards, patios, entryways, etc. COMMON/BOTANICAL NAME HEIGHT COMMENTS *SWEET ACACIA 10'- 15' fragrant yellow flowers Acacia farnesiana DWARF POINCIANA 10'- 15' yellow-orange flowers.. Caesalpinia spp. large shrub, tropical ' WEEPING BO'U'LEBRUSH 15'- 20' red, bottlebrush flowers Callistemon viminalis GLAUCUS CASSIA 15'- 20' yellow flowers, tropical Cassia surattensis CITRUS: LEMON, ORANGE, ETC. 15'- 20' edible fruit, white flowers Citrus spp. all, except Grapefruit *SILVER BUTTONWOOD 15'- 20' attractive gray foliage Conocarpus erectus var. 'sericeus' cold tolerant WHITE GEIGER/TEXAS OLIVE 10'- 15' showy white flowers Cordia boissieri cold tolerant *ORANGE GEIGER 15'- 20' brilliant orange flowers Cordia sebestena LOQUAT 15'- 20' edible orange fruit Eriobotrya japonica dark green foliage *STOPPERS 15'- 20' understory trees Eugenia spp. good hedgerow screens *LIGNUM VITAE 15'- 20' sky-blue flowers Guaiacum sanctum specimen tree HIBISCUS "Standards" 10'- 15' red, pink, yellow, or white Hibiscus spp. flowers, tropical TREE JATROPHA 15'- 20' crimson-red flowers, Jatropha spp. tropical CREPE MYRTLE 15'- 20' red, pink, coral, or white Lagerstroemia indica flowers TREE LIGUSTRUM 15'- 20' small white flowers, Ligustrum spp. dark green foliage JABOTICABA 15 '- 20' edible fruit, Myrciaria caulifolia attractive bark CHALCAS/ORANGE JASMINE 15'- 20' fragrant white flowers, Murraya paniculata trained as a tree SMALL PALMS *WAX MYRTLE 15'- 20' tolerates wet soils, Less than 20' hr. at maturity Myrica cerifera aromatic leaves when crushed Can be planted adjacent to powerlines OLEANDER "Standards' 15'- 20' pink, coral, or white For courtyards, patios, entryways, etc. Nerium oleander flowers, very poisonous KOPSIA 15'- 20' lobster-red berries, poisonous, COMMON/BOTANICAL NAME HEIGHT COMMENTS 0chrosia elliptica attractive foliage PINDO PALM 10'- 15' blue-gray foliage, FRANGIPANI 15' -20' coral, yellow, or white Butia capitata cold tolerant feather ~alm Plumeria rubra flowers, tropical CAT PALM 5'- 10' handsome clumping YELLOW ELDER 15'- 20' brilliant yellow flowers Chamadorea cataractarum feather palm Tecoma starts tropical BAMBOO PALM 10'- 15' partial shade, clumping Chamadorea spp. feather palms MEDIUM TREES EUROPEAN FAN PALM 5'- 10' attractive, cold tolerant 20'-30' hr. at maturity Chamaerops humilis fan palm 20' setback from powerlines ARECA PALM 15'- 20' good hedgerow screen, Chrysalidocarpus lutescens clumping feather palm For lawns, parks, shade, etc. *SILVER PALM 15'- 20' silver-gray foliage, COMMON/BOTANICAL NAME HEIGHT COMMENTS Coccothrinax argentata attractive fan palm ORCHID TREE 20'- 30' attractive orchid-like BOTTLE PALM 10'- 15' bottle-shaped trunk, Bauhinia spp. flowers, white, pink, purple Hyophorbe lagencaulis feather palm *PITCH APPLE 25'- 30' handsome foliage SPINDLE PALM 15'- 20' attractive thick trunk, Clusia rosea excellent medium street tree Hyophorbe verschaffeltii feather palm *PIGEON PLUM 25'- 30' attractive native, PYGMY DATE PALM 15'- 20' lethal yellowing susceptible Coccoloba diversifolia provides food for wildlife Phoenix roebellini popular feather palm *SEAGRAPE 20' -30' salt tolerant native MAJESTY PALM 15'- 20' interesting thick trunk, Coccoloba uvifera provides food for wildlife Ravenea glauca feather palm *DAHOON HOLLY 25'- 30' attractive red berries, *NEEDLE PALM 5'- 10' cold tolerant, palmate, Ilex cassine tolerates wet soils Rhapidophylium hystrix clumping palm *BLACK IRONWOOD 20'- 30' attractive slow growing LADY PALM 10'- 15' partial shade, palmate, Krugiodendron ferreum native, very dense wood Rhapis excelsa clumping palm SABICU 20'- 30' slender tree w/fine foliage *DWARF PALME'n'o 10'- 15' 'cold tolerant, fan palm Lysiloma latisiliqua Sabal minor MADAGASCAR OUVE 20'- 30' upright, open tree w/ *SAW PALMETTO 10'- 15' cold tolerant, green and Noronhia emarginata attractive dark green leaves Serenoa repens silver varieties, fan palm JERUSALEM THORN 20'- 30' feathery transparent tree *THATCH PALM 15'- 20' single-stemmed fan palms, Parkinsonia aouleata w/small yellow flowers Thrinax spp. T. morrisii & T. radiata ALLSPICE 15'- 30' attractive tree w/dark green CHRISTMAS PALM 15'- 20' red berries, 'LY', Pimenta dioica aromatic leaves Veitchii merrillii attractive feather palm PODOCARPUS 20'- 30' handsome evergreen tree, Podocarpus spp. yew-like appearance YELLOW TABEBUIA/SILVER TRUMPET 20'- 30' striking yellow flowers Tabebuia caraiba w/crooked corky trunk PINK TABEBUIA 20'- 30' attractive pink flowers Tabebuia heterophylla Large '~ I_ Palms LARGE TREES ~ Greater than 30' at maturity j~.l~'verage palm 30' setback from powerlines ..~back ,J frond For canopy and shade, lawns, ~arks, etc. edium Trees COMMON/BOTANTCAL NAME HEIGHT COMMENTS *RED MAPLE 35'- 50' tolerates wet conditions ~inumum setback Acer rubrum cold tolerant BLACK OLIVE 40% 50' yellow-green foliage, 2' min. Bucida buceras tannin stains are a problem Small Trees & clearance *GUMBO LIMBO 40'- 60' attractive mature red bark, Small Palms Bursera simaruba handsome shade tree CALOPHYLLUM/BEAUTY LEAF 30'- 45' handsome shiny foliage may be planted Calophyllum spp. C. inophyllum & C.antillanum ._- --djacent tO GOLDEN SHOWER TREE 30'- 40' spectacular yellow flowers, ~ cowerlines Cassia fistula tropical ' PINK AND WHITE SHOWER TREE 35'- 50" attractive pastel pink Cassia javanica flowers, tropical FLOSS SILK TREE 35'- 50' attractive pink or white Chorisia speciosa flowers, spines on trunk *SATINLEAF 30'- 40' shimmering leaves in wind, ChrysophyJium oliviforme excellent specimen tree *GREEN BU'R'ONWOOD 30% 50' upright, larger than the Conocarpus erectus silver buttonwood ROYAL POINCIANA 25'- 40' spectacular orange flowers, Delonix regia spreading habit, tropical *STRANGLER FIG 40'- 50' native Ficus, large shade Ficus aurea tree, needs room to grow *SHORTLEAF FIG 40% 50' native Ficus, large shade Ficus citrifolia tree, needs room to grow JAPANESE FERN TREE 25'- 35' interesting shaped foliage, Filicium decipiens somewhat spreading *LOBLOLLY BAY 30'- 40' handsome upright tree, Gordonia lasianthus cold tolerant *BLOLLY 35'- 50' nicely shaped, handsome Guapira discolor fruits, hammock pioneer JACARANDA 40'- 50' attractive lavender-blue Jacaranda mimosifolia flowers, open habit GOLDEN RAINTREE 30'- 50' attractive yellow-sepia Koelreuter/a elegans flowers, tropical LARGE PALMS QUEEN'S CREPE MYRTLE 30'- 45' attractive pink, lavender Greater than 20' at maturity Lagerstroemia speciosa flower clusters, tropical Plant at the average frond length plus 2"for minimum clearance from powerlines. *WILD TAMARIND 40'- 50' tiny leaves, open habit, (#') indicates average palm frond length Lysiloma bahamensis attractive trunk & branches COMMON/BOTANICAL NAME HEIGHT COMMENTS *SWEETBAY MAGNOLIA 40'- 60' cold and wet tolerant Magnolia virginiana *PAUROTIS/EVERGLADES PALM 15'- 25' clumping native fan palm MANGO 40'- 60' edible fruit, many varieties Acoelorrhaphe wrightii (5') Mangifera indica dense shade, tropical ALEXANDRA PALM 40'- 45' handsome feather palm *MASTIC TREE 45'- 70' tall remnant of the hammocks Archontophoenix alexandrae (7') Masticodendron foetisdissimum upright w/whitish bark BISMARK PALM 30'- 60' striking blue-gray YELLOW POINCIANA 40'- 50' attractive yellow flowers, 8ismarkia nobilis (7') fan palm Peltophorum pterocarpum spreading habit, tropical RSHTAIL PALM 15'- 25' fishtail ends on fronds, AVOCADO 40'- 50' edible fruit, many varieties Caryota mitis (8') clumping palm Persea americana tropical COCONUT PALM 60'- 80' king of palms, use "Maypan" *REDBAY 50% 60' aromatic leaves, shade tree Cocos nucifera (15') or sim. resistent to 'LY' Persea borbonia or open lawns HURRICANE PALM 25'- 40' handsome feather palm *SLASH PINE 80% 90' tall stands remain after Dictyosperma album (12') Pinus elliotii var. "dense" Hurricane Andrew BLUE LATANIA 20'- 50' attractive silver-blue *JAMAICAN DOGWOOD 35'* 50' attractive lavender flowers Latania Ioddigesii (7') fan palm Piscidia piscipula CHINESE FAN PALM 20'- 30' weeping fronds, *LAUREL OAK 60% 90' tall, upright, short-lived LivJstonia chJnensis (7') handsome fan palm Quercus laurifoJia cold tolerant native TRIANGLE PALM 15'- 25' three-sided exotic *LIVE OAK 50% 60' spreading, grand shade tree Ne~dypsis decaryi (10') feather palm Quercus virginiana ideal for lawns, parks DATE PALM 60'- 90' tall feather palm *PARADISE TREE 35'- 50' large fast growing native, Phoenix dactylifera (15') Simarouba glauca spreading habit CANARY ISLAND DATE PALM 35'- 50' thick trunked feather palm *WEST INDIAN MAHOGANY 35'- 60' excellent shade tree, Phoenix canariensis (15') Swietenia mahagoni spreading habit SENEGAL ISLAND DATE PALM 25'- 35' clumping, s~ately, *BALD CYPRESS 60'- 90' fresh water swamp habitats Phoenix reclinata (10') feather palm Taxodium distichum deciduous SOLITAIRE/ALEXANDER PALM 15'- 25' attractive, thin trunked Pt'ychosperma elegans (8') feather palm *ROYALPALM 50%70' tall, majestic FLORiD _._. ,,% Roystonea regia (15') feather palm *CABBAGE/SABAL PALM 45'- 70' state tree of Florida Saba, palmetto (T) common fan palm SOUTH QUEEN PALM 40'- 45' attractive feather palm Syagrus romanzoffianum (12') WASHINGTONIA PALM 50'- 80' handsome fan palm, *Asterisk denotes plants native to south Florida Washingtonia robusta (7') reddish trunk when smal~ Heights are as.per "Xeriscape Plant Guide I1.' MACARTHUR PALM 20'- 30' clumping feather palm '~-. - This list is not all-inclusive. Ptychosperma macarthuri (8') 'LY' indicates s'usceptibility to lethal yellowing. WHY PLANT? Trees and Palms provide shade and cool the air ... act as wind breaks ... enhance the streetscape ... screen objectionable views ... frame views ... soften architecture ... act as a backdrop. WHY FPL TRIMS TREES Not all trees are planted in "the right place." Often large trees will grow into close proximity of power lines requiring tj'imming away from FPL's lines. Power line maintenance, including tree removal and trimming, benefits everyone by reducing power outages. A single tree that contacts a power line can interrupt electrical power to many peo- ple in an area. Overhanging limbs can break and fall into power lines. This is especially critical during storms or periods of high winds. Overhead utility lines are the easiest to see and probably the ones NUiSRNCE and PROBLEM TREES we take most for granted. Although these lines look harmless enough, they can be dangerous. The tollowing non-nalive problem trees are prohibited in Planting tall-growing trees under or near these lines will ultimately some municipalities. They can be invasive, damage side- require pruning them away from the wires. This pruning may result walks, structures, or utilities, or may be extremely messy. in a tree having an unnatural appearance. Repeated pruning can Consult your local forester or agricultural extension agent lead to a shortened life span of the tree. Trees which must be to "Plant the Right Tree in the Right Place" pruned away from the power lines are under greater stress and EARLEAF ACACIA Acacia auriculiformis more susceptible to insects and disease. Small, immature trees AUSTRALIAN PINE Casuarina spp. planted today can grow into problem trees in the future. Tall grow- ing trees near overhead lines can cause service interruptions MELALEUCA Melaleuca quinquenervia when trees contact wires. Children or adults climbing these trees BRAZILIAN PEPPER Schinus terebinthifolius can be severely injured or even killed if they come in contact with WOMAN'S TONGUE TREE Albiz2ia lebbeck the wires. Proper selection and placement of trees in and around NORFOLK ISLAND PINE Araucaria heteroph¥11a overhead utilities can eliminate potential public safety hazards, TREE BAMBOO Bambusa vulgaris reduce expenses for utilities and their customers and improve the BISCHOFIA Bischofia javanica appearance of landscapes. SCHEFFLERA Brassaia actinophylla FPL utilizes professional tree crews trained to trim trees in a safe EAR TREE Enterolobium c¥clocarpum and technically correct manner. The National Arborists Associa- EUCALYPTUS Eucalyptus spp. tion standards (NAA) and local tree trimming codes are used as NON-NATIVE FICUS Ficus spp. guidelines. SILK OAK Grevillea robusta Should a tree come in contact with a power line stay clear and call MAHOE Hibiscus tiliaceus FPL at the number on the bottom of your bitl. ' CHINESE TALLOW TREE Sapium sebiferum JAVA PLUM Syzygium cumini CORK TREE Thespesia populnea ~Z2t~3 Re~. 5~5 Designed and Printed by Administrative Sewice$ ~ [ITY OF DELRI:IY BEI:I[H CiTY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 * FACSIMILE 561/278-4755 Writer's Direct L~e: (561) 243-7~ A~ Ci~ ~MO~~ ~j:,l,ll DATE: November23, 1998 ~ ~ TO: Ci~ Co~ission David T. Harden, Ci~ Manger FROM: Jay T. Jambeck, Assistant City Atto~ey~ SUBJECT: Reco~ende~ Change in Rem~ed Check~olicies Auached is a proposed ordi~nce making ceaain changes to ~e City's Returned Check provisiom that were requested by Finance (this is a secoM dra~, reflecting changes suggested by the Ci~ Manager). ~e ordnance should be placed on the agenda ~d would make the following changes regarding ~e Ci~'s returned check policies: 1. Section 39.01, "Se~ice Charge for Returned Check" would be amended to afford ~e Ci~ increased flexibility in ~posing returned check fees. The amoum charged for a returned check would be changed from a fee of $25 to a fee of $20 or 5 % of ~e face ~ount of the check, whichever is greater. Flexibility is increased by a provision stating that the fee may be waived at the City's discretion if circumstances warrant. In addition, language would be added stating that the se~ice fee is in addition to other pe~lties imposed by law. 2. Section 50.02, "Service Charge for Returned Chec~ on Utility Bill for Water and Sewer Se~ice" would be repealed in its entire~ as being u~ecessarily duplicative of Section 39.01. 3. Section 51.76, "Collection Charge for Returned Check" would be repealed in its entire~ ~ being u~ecessarily duplicative of Section 39.01. A~c~em cc: Allison MacGregor Ha~, Ci~ Clerk ~( ~~/ Joseph M. Safford, F~ance Director sus n Rub . Attome Milena Wa]imki, Assistant Finance Director O Barbara Schooler, Utilities Customer Se~ices M~ager check~rd-let.jtj ORDINANCE NO. 51-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 39, "RETURNED CHECK SERVICE CHARGE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 39.01, "SERVICE CHARGE FOR RETURNED CHECKS", TO SET THE FEE FOR RETURNED CHECKS AT TWENTY DOLLARS OR FIVE PERCENT OF THE FACE VALUE OF THE CHECK, WHICHEVER IS GREATER, AND TO PROVIDE FOR DISCRETIONARY LANGUAGE ALLOWING FOR EXTENUATING CIRCUMSTANCES TO BE CONSIDERED REGARDING RETURNED CHECKS; REPEALING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION 50.02, "SERVICE CHARGE FOR RETURNED CHECKS ON UTILITY BILL FOR WATER AND SEWER SERVICE", AND CHAPTER 51, "GARBAGE AND TRASH", SECTION 51.76, "COLLECTION CHARGE FOR RETURNED CHECKS", AS BEING UNNECESSARILY DUPLICATIVE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 166.251, Florida Statutes, provides that a municipality may adopt a service fee of twenty dollars ($20.00) or five percent (5%) of the face amount of the check, draft or order, whichever is greater, for the collection of a dishonored check, draft or other order for the payment of money to a municipal official or agency; and WHEREAS, the City Commission has determined that additional flexibility is required to account for extenuating circumstances regarding returned checks; and WHEREAS, Section 50.02, "Service Charge for Returned Checks on Utility Bill for Water and Sewer Service", and Section 51.76, "Collection Charge for Returned Checks", are unnecessarily duplicative of Section 39.01, "Service Charge for Returned Checks" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 39, "Returned Check Service Charge", Section 39.01, "Service Charge for Returned Checks"., of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 39.01 SERVICE CHARGE FOR RETURNED CHECKS. In the event a check given to the City in payment of a permit, license, utility bill or any other type of bill, or any miscellaneous receipt issued by the City, is not paid by the bank on which it is drawn but instead is returned, the City shall assess a service fee of twenty dollars ($20.00) or five percent (5%} of the face amount of each check, draft or order so returned, whichever is qreater.~/~~/~~/f~/~/~/~/~~ ~ However, this fee may be waived at the City's discretion in the event of a bank error or other similar circumstance outside the customer's control. If a service fee is imposed, this service fee ~~ shall be billed to the customer. The service fee shall be in addition to all other penalties imposed by law. Section 2. That Title V, "Public Works", Chapter 50, "Utilities Generally; Public Service Tax", Section 50.02, "Service Charge for Returned Checks on Utility Bill for Water and Sewer Service", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety. Section 3. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.76, "Collection Charge for Returned Checks", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1998. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 51-98 December 1, 1998 Statement to the Delray Beach City Commissioners: Good evening. My name is Robert Victorin. I live at 120 South Ocean Boulevard where I serve as President of the Ocean Place Condominium Association. Our 29 unit owners of Ocean Place Condominium Association live right on the northern boundary of Sandoway Park. We have consistently opposed any move toward night-time parking in Sandoway Park on the grounds that it would entail noise, lights, after- hours congregating, and security risks detrimental to the personal and property values of our residents. If the Park is now to be utilized as parking space for the December 23 reception of Sandoway House, we certainly hope and trust that this will be considered a specific, onetime only, seasonal exception from the hours of 7-9 PM. It is also our request that proper security and noise controls be instituted. Please do not consider it a precedent for future or broader night-time parking in Sandoway Park. Thank you. .~,?.0 SOUTH OCEAN BOULEVARD · DELRAY BEACH, FL 33483 STATEMENT BY FRANK DEVINE Good evening. My name is Frank Devine. I live at 2200 South Ocean Boulevard, and I speak as Executive Director of the Beach Property Owners' Association. On behalf of the Association, I would like to generalize the specific comment just made by Bob Victorin. This year has welcomed a remarkable and positive achievement in the official inauguration of Sandoway House. We congratulate its founders on their initial success and wish them well for the future. We also congratulate Sandoway House on its first- ever holiday reception to be held on December 23. Our Association, however, has strongly opposed night-time parking at any of Sandoway, Ingraham or Anchor Parks. While we can recognize the specific nature and justification for this particular holiday exception, we would not want to see it generalized as a precedem for change in the over-all question of beach-front parking. For that reason, we wish to endorse for the record the remarks just offered by Mr. Victorin. Thank you.