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09-23-97 Regular DELRA'~ BEACH CITY OF DEI,RAY BEACI-t, FI,ORIDA - CITY COMMISSION REGUt,AR MEETING AII-Amedca Cit~ COMNISSZON CHAHB'R, RS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Gener&lly, renm&rks by an £ndividual will be limited to three minutes or less, (10 minutes for Hroup presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. Regular Commission Meeting September 23, 1997 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: Regular Meeting of September 9, 1997 Special Meeting of September 11, 1997 6. Proclamations: A. Domestic Violence Awareness Month October 1997 B. Recognizing and Commending the Delray Beach Lifeguard Competition Team 7. Presentations: A. Distinguished Budget Presentation Award for 1997 from Government Finance Officers Association (GFOA) 8. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/PALM TRAN SATELLITE FACILITY: Approve the final boundary plat for the Palm Tran Satellite Facility located at the northwest corner of Congress Avenue and N.W. 1st Street. B. RATIFICATION OF CONSENSUS/OLD SCHOOL SQUARE SIGNAGE: Ratify the Commission consensus of September 16, 1997, to approve the proposed marquee signage for Old School Square, with funding up to $27,000 from 334-6112-519-62.10. C. AMENDMENT NO. 3 TO FRANCHISE AGREEMENT BETWEEN BFI AND THE CITY: Approve Amendment No. 3 to Solid Waste and Recycling Collection Franchise Agreement dated August 8, 1996, between Browning-Ferris Industries of Florida, Inc. (BFI) and the City to provide for the corporate transfer of the agreement to BFI Waste Systems of North America, Inc. 2 Regular Commission Meeting September 23, 1997 D. ACCEPTANCE OF EASEMENT DEED/S.E. 4TH AVENUE SIDWALK: Accept an easement deed from the H. Halid Zeder Trust for a 7 ft. sidewalk easement within Lots 11 and 12, Block 94, to allow for the installation and maintenance of a public sidewalk on the west side of SoE. 4th Avenue as part of the S.E. 4th Avenue improvements project. E. ACCEPTANCE OF ACCESS EASEMENT FROM LAKE WORTH DRAINAGE DISTRICT FOR CORAL TRACE BOULEVARD: Accept an access easement from the Lake Worth Drainage District (LWDD) to allow for the construction of Coral Trace Boulevard across the LWDD Canal No. L-33. F. HOLD HARMLESS AGREEMENT/GROVE SQUARE, INC.: Approve a hold harmless agreement between the City and Grove Square, Inc. to allow for the construction of a bar area, a portion of which will encroach into a City easement, in the courtyard behind the restaurants (Hoot, Toot & Whistle/Dakotah's/City Limits) currently operating in Block 85 (Grove Square). G. PURCHASE AUTHORIZATION FOR ADDITIONAL GARBAGE CARTS: Approve the purchase of an additional 1,115 garbage carts (715 68-gallon and 400 32-gallon) from Otto Industries at a total cost of $44,345.50, with funding from 433-3711-534-49.35. RESOLUTION NO. 72-97: Adopt a resolution authorizing a tri-party agreement by and among the City of Delray Beach, as Conduit Issuer, NationsBank, N.A. (formerly Landmark National Bank of Ft. Lauderdale), as Prior Trustee, and The Bank of New York (BNY), as Successor Trustee, wherein NationsBank agrees to resign as Trustee and transfer all rights and duties to BNY, and BNY agrees to accept these rights and duties and accept appointment by the City as Trustee, Paying Agent and Registrar with respect to the Industrial Revenue Bonds, Series 1985. I. RESOLUTION NO. 70-97: Adopt a resolution assessing costs for emergency action required to board up an unsafe structure at 139 N.W. 12th Avenue. J. RESOLUTION NO. 71-97: Adopt a resolution assessing costs for abatement action required to remove nuisances on 23 properties throughout the City. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board and the Site Plan Review and Appearance Board during the period September 8 through September 19, 1997. L. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $107,000 to Quality Transporta- tion for bus rental and driver service for various Parks Department programs, with funding in the amount of $45,320 from 001-4105-572-44.90; $41,050 from 001-4106-572-44.90; Regular Commission Meeting September 23, 1997 $8,550 from 001-4121-572-44.90; and $12,080 from 115-4912- 572-55.30. 2. Bid award in the amount of $63,826.68 to Neff Machinery for a John Deere 410E/Backhoe-Loader via GSA Contract GS-30F-1021D, with funding from 501-3312-591-64.20 through transfer from 501-0000-301-50.00. 3. Bid renewal award to Photoline Supplies at an estimated annual cost of $19,159.30 via City of Boca Raton Bid #95-071, with funding from FY 1998 budget, various departmental operating accounts. 4. Bid award in the amount of $15,020 to Luis Cintron Lawn Service, Inc. for landscape maintenance of the Atlantic Avenue Greenway Plan (vacant lots), with funding from FY 1998 budget, 119-4144-572-46.40. 5. Bid award in the amount of $63,311.06 to Custom Care, Inc. for landscape maintenance of the following: Homewood Boulevard, between Linton and Lowson Boulevards; Linton Boulevard, between Military Trail and CSX Railroad; three medians on Military Trail (in front of Del Aire Country Club); South Federal Highway, between Linton Boulevard and the C-15 Canal; Congress Avenue, between Lake Ida Road and Linton Boulevard; and water retention areas (Lake Ida and S.W. 10th Avenue); with funding from FY 1998 budget ($61,918.22 from 119-4144-572-46.60, and $1,392.84 from 448-5411-538-34.90. 6. Bid award, based on highest commission revenue to the City, to DiLoreto & Sons, Inc. for snack vending machine service at various locations within the City. 9. Regular Agenda: A. CONDITIONAL USE REQUEST/KIDS KINGDOM OF PALM BEACHES, INC.: Consider a request for conditional use approval to allow the establishment of a child care facility (Kids Kingdom of Palm Beaches, Inc.) within Lake Ida Plaza, a shopping center located at the southwest corner of Lake Ida Road and Congress Avenue. The subject property is zoned PC (Planned Commercial) District. QUASI-JUDICIAL PROCEEDING B. CONDITIONAL USE MODIFICATION/CASALE MARBLE IMPORTS: Consider a request for conditional use modification to allow the expansion of Casale Marble Imports, a monument and ornamental stone cutting facility, located at the southwest corner of S.W. 17th Avenue and S.W. 7th Street. The subject property is adjacent to 1-95 and is zoned I (Industrial) District. QUASI-JUDICIAL PROCEEDING C. CONTRACT ADDITION & CHANGE ORDER #5/MURRAY LOGAN CONSTRUCTION, INC.: Consider contract additions and Change Order #5 in the amount of $123,520.94 to Murray Logan Construction, Inc. for --4-- Regular Commission Meeting September 23, 1997 the barrier island pump stations; with funding in the amount of $117,525.94 from 448-5411-538-62.35, $1,220 from 442-5178-536- 61.46, $2,275 from 442-5178-536-61.84, and $2,500 from 440-5179-536-63.61, through budget transfer from 448-5411-538- 99.01 and 442-5178-536-61.78. D. SPECIAL EVENT REQUEST/HARVEST FEAT: Consider a request from the Chamber of Commerce for special event approval to include street closure, sign waiver, staff support, and 50/50 overtime cost split, for the 10th Annual Harvest Feat to be held on November 15-16, 1997. E. SPECIAL EVENT REQUEST/9TH ANNUAL VISIONS OF PERFECT HARMONY FESTIVAL: Consider a request from the Peach Umbrella Plaza Association for special event approval, including use of the Tennis Center, small city stage, barricades and other services for the 9th Annual Visions of Perfect Harmony Festival to be held on October 3-4, 1997. F. RECOMMENDATION FROM THE EDUCATION BOARD/HOUSE BILL 2121: Consider approval of the Education Board's recommendations on changes to House Bill 2121, an act relating to educational facilities and funding. G. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two regular members (layperson and subcontractor) to the Code Enforcement to fill unexpired terms ending January 13, 1999, and January 13, 2000, respectively. The appointments will be made by Commissioner Randolph (layperson) and Mayor Alperin (subcontractor). H. APPOINTMENTS TO THE HIGH-RISE FIRE SAFETY TASK TEAM: Appoint eleven (11) members to the High-Rise Fire Safety Task Team. 10. Public Hearings: A. RESOLUTION NO. 73-97: A resolution levying a tax on all properties within the City of Delray Beach for maintenance and operation, and for payment of principal and interest on bonded indebtedness, for FY 1998. B. RESOLUTION NO. 74-97: A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 1998. C. RESOLUTION NO. 75-97: A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 1997 through September 30, 1998. 1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. -5- Regular Commission Meeting September 23, 1997 D. ORDINANCE NO. 34-97: An ordinance amending Chapter 52, "Water", of the City Code by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential and irrigation rates for FY 1997/98. E. ORDINANCE NO. 35-97: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresidential/commercial rates for FY 1997/98. F. ORDINANCE NO. 36-97: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for increased garbage, trash, recycling, vegetation and bulk waste collection service rates for FY 1997/98. G. ORDINANCE NO. 37-97: An ordinance amending Chapter 50, "Utilities Generally; Public Service Tax", Section 50.15, "Levy of Tax", to increase the utility tax for the purpose of adequately funding the City's Beautification Program. ORDINANCE NO. 33-97 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", of the Land Development Regulations to clarify the intended goal of the district and to modify the allowable principal and conditional uses within the zoning district. I. ORDINANCE NO. 38-97: An ordinance rezoning a parcel of land from RM (Medium Density Residential) District to CF (Community Facilities) District for the establishment of a parking lot associated with St. Paul's Episcopal Church. The subject property is located on the west side of S.W. 1st Avenue, approximately 120 feet north of S.W. 2nd Street. QUASI-JUDICIAL HEARING J. ORDINANCE NO. 39-97: An ordinance amending Chapter 101, "Parks, Beaches, and Recreation", Section 101.15 "Definitions", of the City Code to provide for the inclusion of City-owned property generally located north of Beach Drive and east of State Road A1A in the area defined as the municipal beach under Chapter 101. K. ORDINANCE NO. 40-97: An ordinance amending Chapter 35, "Employee Policies and Benefits", "Retirement Plan", of the Code of Ordinances by amending Section 35.097(A) to provide that the normal form of benefit for participants who are not married at the time of retirement is a single life annuity; amending Section 35.097(C) to remove age-based limitations on disability benefits; amending Section 35.097(J) to conform to recent changes in federal law; and amending Section 35.098 to clarify the minimum benefit payable to multiple beneficiaries of a participant. Regular Commission Meeting September 23, 1997 11. Com~ents 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. 1. ORDINANCE NO. 41-97: An ordinance amending Section 4.4.6, "Medium Density Residential (RM) District", of the Land Development Regulations to provide for performance standards and increased requirements for recreational amenities. If passed, a public hearing will be scheduled for October 7, 1997. 2. ORDINANCE NO. 42-97: An ordinance amending Section 4.4.6, "Medium Density Residential (RM) District", of the Land Development Regulations to provide for performance standards and increased requirements for recreational amenities; and amending Section 4.3.4, "Base District Development Standards", to provide increased minimum square footage requirements for dwelling units in the RM zoning district. If passed, a public hearing will be scheduled for October 7, 1997. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -7- CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - SEPTEMBER. 23, 1997 - 6:00 P.M. pUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING: 8.L.7. Bid award in the estimated annual cost of $68,544 to Praxair, Inc. via City of West Palm Beach for CO2 Carbon Dioxide, with funding from 441-5122-536-52.21. WHEREAS, the month of October has been designated as National Domestic Violence Awareness Month; and WHEREAS, Aid to Victims of Domestic Assault (A.V.D.A.) has served as an emergency shelter for women and children that are victims of domestic violence in the City of Delray Beach; and WHEREAS, A.V.D.A. has provided emergency assistance for crime victims; and WHEREAS, A.V.D.A. has served 463 individuals during the year of 1996-1997; and WHEREAS, A.V.D.A. has provided information, referrals and crisis counseling for 5,722 individuals during 1996-1997; and WHEREAS, A.V.D.A. has provided community education for 24,490 individuals for 1996-1997. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 1997 as DOMESTIC VIOLENCE AWARENESS MONTH in Delray Beach, Florida, and urge all citizens to educate themselves and actively work to eradicate this very serious problem. Further, commending Aid to Victims of Domestic Assault for the supportive services provided to assist victims of domestic violence to regain and recommence their lives. 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 23rd day of September, 1997. MAYOR JAY ALPERIN SEAL WHEREAS, on August 7, 8, and 9, 1997, the Delray Beach Lifeguard Competition Team competed in the National Lifeguard Competition in San Diego, California; and WHEREAS, 40 teams competed from all over the United States including teams from New York, Illinois, Texas and Hawaii; and WHEREAS, the Delray Beach Lifeguard Competition Team participated in the following United States Lifesaving Association National Lifeguard Competition events: Land Line Rescue, International Ironman, International Ironwoman, Run-Swim-Run, Surf Rescue, Surf Ski, Rescue Board, Surf Boat, and 2 Mile Beach Run; and WHEREAS, the Delray Beach Lifeguard Competition Team brought home four gold, seven silver, five bronze, five 4th, and eight 5th place medals; and WHEREAS, the involvement and achievements of the Delray Beach Lifeguard Competition Team in this national competition has generated much civic and community pride. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend Gold Medal winners Tom Swift Ocean Lifeguard EMT Patricia Daymon Ocean Lifeguard EMT Grant Whitcomb Ocean Lifeguard EMT and for superior achievement Lance Seller Ocean Lifeguard Lieutenant and Competition Team Captain Mark Henkle Ocean Lifeguard EMT Fred Burwell Ocean Lifeguard EMT John Ports Ocean Lifeguard EMT Andy Lewis Ocean Lifeguard EMT Tom Hemenway Ocean Lifeguard EMT for their representation of the City of Delray Beach and offer them congratulations on a job well done in the 1997 National Lifeguard Competition. 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 23rd day of September, 1997. MAYOR JAY ALPERIN SEAL NCE OFFI Distinguished udget Presentation Award PRESENTED TO City of Delray Beach, Florida For the Fiscal Year Beginning Oci°ber 1' 1996 ?^ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY IVlg2XlAGER SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF SEPTEMBER 23, 1997 FINAL PLAT APPROVAL/PALM TRAN SATELLITE FACILITY DATE: SEPTEMBER 17, 1997 This is before the Commission to approve the final boundary plat for the Palm Tran Satellite Facility located on Congress Avenue at the northwest corner of N.W. 1st Street. Platting of the property as a minor subdivision (boundary plat) was imposed as a condition of the site and development plan approval. All permits have been received and technical comments addressed. Recommend approval of the final boundary plat for the Palm Tran Satellite Facility. ref:agmemo6 Agenda Item No. ~' AGENDA REOUEST Date: Sept. 11, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Sept. 23, 1997 Description of item (who, what, where, how much): Approval of final boundary plat for Palm Tran Satellite Facility. All applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the final boundary plat for the Palm Tran Satellite Facility. Department head signature: ~~~ ~/~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved BC/gm File: tac-palmtran ag0923.doc MEMORANDUM TO: David T. Harden City Manager FROM: Barron Caronit~ Engineer I SUBJECT: FINAL BOUNDARY PLAT PALM TRAN SATELLITE FACILITY DATE: September 12, 1997 Attached is an agenda request for Commission approval of the final boundary plat for the Palm Tran Satellite Facility. All applicable permits have been received and staff comments addressed. The Palm Tran Satellite Facility is located on the northwest comer of the intersection of Congress Avenue and NW 1 st Street. Also attached is a location map and reduced copy of the plat. If acceptable, please place this item on the September 23, 1997, Commission meeting for Commission approval. BC/gm attachment cc: Paul Dorling, Principle Planner Randall Krejcarek, P.E., City Engineer file: s/eng/eng/tac/palmtran/fnlpltsb.doc TAC-Palm Tran CITY of DELRAY BEACH SATEmTE EN~RONME~AL SER~CES DEP~TME~ ~ PALM TR~ FACID~ %-. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: [~CITY MANAGER SUBJECT: AGENDA ITEM # g~- REGULAR MEETING OF SEPTEMBER 23, 1997 RATIFICATION OF CONSENSUS/OLD SCHOOL SQUARE SIGNATE DATE: SEPTEMBER 18, 1997 At the September 16th workshop, it was the consensus of the Commission to approve the proposed marquee signage for Old School Square. There will be two signs; one located at the northeast corner of Atlantic and Swinton Avenues oriented toward eastbound traffic on Atlantic and northbound traffic on Swinton, with the other located at the northwest corner of Atlantic and N.E. 1st Avenues oriented toward westbound traffic on Atlantic and northbound traffic on N.E. 1st Avenue. In response to the question raised by Mayor Alperin, the Engineering Department has reviewed the proposed location at the northeast corner of Atlantic and Swinton Avenues. They have determined there is sufficient space for the marquee sign's location between the columns should a right turn lane be installed on westbound Atlantic Avenue onto Swinton Avenue, and there will not be a sight distance problem. It was the further consensus of the Commission to approve funding up to $27,000 for the Old School Square signage, which is available in the General Fund Capital Account 334-6112-519-62.10. Recommend ratification of the City Commission's consensus to approve the proposed design and funding of the marquee signs for Old School Square. ref:agmemo8 BSA CORPORATION ESHHATED OSS SIGNS ON ATLANTIC AVENUE COST SUNNARY 1,000 ACSF 02:45 PN filename: c:\windows\desktop\t23rel'l.2\ces3.wkl 12-Sep-97 bid date: SEPT 10, 1997 0 HEN SUBCONTRACT NATERIAL LABOR TOTAL $2.00 2000 100 GENERAL CONDITIONS $0.10 2 Equip Rntl/Hisc Exp. 100 0 0 100 $0.00 8 Survey 0 0 0 0 EXCLUDE $1.50 9 Supervision 1,500 0 0 1,S00 $0.30 10 Protection 300 0 0 300 $0.10 14 Trash Remova! 100 0 0 100 USE ~NER'S OUNPSTER $0.85 850 200 SHEWORK $0.30 1 Excavation & Grading 300 0 0 300 $0.15 10 Sod Repair 150 0 0 150 S0.40 15 Paver Repair 400 0 0 400 $6.66 6660 300 CONCRETE $3.36 1 Concrete Work 3,360 0 0 3,360 $3.30 S Precast Conc. 3,300 0 0 3,300 $0.80 800 400 NASONRY $0.80 1 Concrete B~ock 800 0 0 800 $2.68 2675 900 FZNISHES $2.20 2 Stucco/Nil Framing 2,200 0 0 2,200 $0.48 8 Painting 475 0 0 475 $7.60 7600 1000 SPECIALTIES $7.00 1 Sign Box w/Letters 7,000 0 0 7,000 $0.60 36 FIag Poles 600 0 0 600 $1.50 1500 1600 ELECTRICAL $1.50 3 Electric Allowance 1,500 0 0 1,500 $22.09 SUBTOTAL 22,085 0 0 22,085 22,085 $0.16 Liability Ins Charge 160 $22.25 $22.25 SUBTOTAL 22,245 $4.45 OVERHEAO& PROFIT 4,449 $26.69 $26.69 BID ANOUNT 26,694 - MEMORANDUM TO: David T. Harden City Manager FROM: .~obert A. Barcinski Assistant City Manager DATE: September 12, 1997 SUBJECT: AGENDA ITEM CITY COMMISSION WORKSHOP SEPTEMBER 16. 1997 MARQUEE SIGNS OLD SCHOOL SQUARE Approximately six (6) months ago, City Commission, by amendment to the lease agreement with Old School Square, agreed to assume responsibility for sign construction and maintenance. Commission also agreed to fund in this fiscal year up to $20,000 for signs. One of the key problems noted in Old School Square's goal setting session was a lack site signage notifying the general public as to events being held at the site. A committee was formed with members from Old School Square's Board, a member of our Historic Preservation Board and the Atlantic Avenue Association to work with an architect and develop a proposal for a marquee sign. The attached design was approved by the Committee, Old School Square's Board, and the Historic Preservation Board. Two signs are proposed, one at the west end and one at the east end of the property on Atlantic Avenue. The total estimated cost is $30,000. A presentation will be made by Joe Gillie. As the property owner, we need City Commission's approval of the sign and the dollar amount to be given to Old School Square. Funding up to $27,000 is available in the General Fund Capital account 334- 6112-519-62.10. RAB/tas File:u:sweeney/agenda Doc:ossmarqu.doc [IT¥ DF DELRR¥ BERgH CITY,,..,.,.,,.~. ,.,ATTI'IDilCV~O OFFICE ~ ~'~' ~'~ ?'~ '~'~ ~' ~'~ ~'~¥ ~'~'~" ~'~-~' ~ ~,'~ ::;;:,',ii.i~ ;U7,£: ~.4755 Writcr'sl)irccti,inc:(561)243-7091 DELRAY BEACH AlI.Amedca City M E M ORA N D U M ~ TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendment No. 3 to the Solid Waste and Recycling Collection Franchise Agreement The City entered into an Agreement with Browning-Ferris Industries of Florida, Inc. (BFI) on August 8, 1996, for the collection of'solid waste and recycling materials within the City. As a result of a corporate transfer, BFI of Florida is requesting that the City transfer the contract from BFI of Florida to BFI Waste Systems of North America, lnc.. In accordance with Section 26 of the Franchise Agreement between the City and BFI, BFI must first obtain the consent of the City before the transfer may take place. By copy of this memorandum to David Harden, City Manager, our office requests that this amendment to the Solid Waste and Recycling Collection Franchise Agreement be placed on the September 23, 1997 City Commission agenda. Please call if you have any questions. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Joe Safl'ord, Finance Director blicon3.amd £;fn[ed on F~ecyc/eiJ Pz]F, er AMENDMENT NO. 3 TO SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT DATED AUGUST 8~ 1996 THIS AMENDMENT NO. 3 to the Solid Waste and Recycling Collection Franchise Agreement dated August 8, 1996 is made this day of · 1997 by and between the CITY OF DELRAY BEACH (the City) and BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC. (BFI). WITNESSETH: WHEREAS, the parties entered into a Franchise Agreement dated August 8. 1996, to provide for the collection of solid waste and recycling materials within the City; and, WltEREAS, the parties desire to mnend the Agreement to provide for the transfer of the Agreement from Browning-Ferris Industries of Florida, Inc. to BFI Waste Systems of North America. [nc.. NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated August 8, 1996, is hereby amended to provide that this Agreement shall be transferred to BFI Waste Systems of North America, Inc.. 3. BF[ shall submit to the City within thirty (30) days of the execution of this Amendment a performance bond and certificates of insurance, as required by the contract, in the name of BFI Waste Systems of North America. Inc.. 4. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 5. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Alnendment to the Solid Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jay Alperin, Mayor Approved as to legal form and sufficiency: City Attorney WITNESSES: BFI WASTE SYSTEMS OF NORTH AMERICA, INC. a Delaware corporation By: J. C. Casagrande District Vice President (Name printed or typed) (Corporate Seal) (Name printed or typed) August 14, 1997 Mr. David Harden, City Manager City of Delray Beach 100 NW 1st Ave. Delray Beach, FL 33444-2698 RE: Agreement Between Browning-Ferris Industries of FL, Inc. And The City of Delray Beach Dear Mr. Harden: Browning-Ferris Industries of FL, Inc. hereby requests that the City of Delray Beach give written consent to the transfer of the above-referenced contract to BFI Waste Systems of North America, Inc. CBFI Waste"), a wholly owned subsidiary of Browning-Ferris Industries, Inc. a Delaware corporation. BFI Waste hereby agrees to assume all of the existing obligations under the contract. It is desired to effectuate this transfer on or before September 30, 1997. This transfer is being requested as a result if BFI's internal efforts to consolidate its U.S. subsidiaries; however, the current management and operations of the various facilities will not be affected by the merger of Browning-Ferris Industries of FL, Inc., into BFI Waste. We remain firmly committed to servicing our customers. Please confirm your written consent to the transfer of the contract by executing this letter on behalf of the City of Delray Beach below and returning it to the following address: Browning-Ferris Industries of FL, Inc. 1475 SW 4th Ave. Delray Beach, FL 33444 Sincerely, BROWNING-FERRIS INDUSTRIES OF FL, INC. AND BF1 WASTE SYSTEMS OF NORTH AMERICA, INC. Jo~tArchambo '"'--qffblic Affairs Director . AGREED AND ACCEPTED TO THIS __ DAY OF , 1997 CITY OF DELRAY BEACH BY: TITLE: Palm Beach County - 1475 S.W. 4th Avenue. Delray Beach, Florida 33444 · Phone 561-2']'~c~NOE £1TY I]f i]ELRRY CiTY ATTORNEY £,',CS:L~,!L:Z ;:';"273-,;755 WRITER'S 1)IRECT I,INE: (561) 243-7091 DELRAY 8EACH ~ John Archambo lll.lme~ca Ci~ Public Affairs Director 1475 S.W. 4th Avenue Delray Beach, FL 33444 RE: Amendment to Agreement between BFI and the CitX Dear John: Attached please find two original amendments to the contract between BF! and the City providing for the name change and also providing that BFI will fbrward the pertbrmance bond and insurance certificates to the City within 30 days of the execution of this agreement. Please have Mr. Casagrande sign both copies and forward to me so that I may place this amendment on the September 23, 1997 City Commission meeting. Please call if you have any questions. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DBLRAY BEACH, FLORIDA By: ~ ,~__,~_,~?x..-..,~ R. Brian Shutt, Esq. Assistant City Attorney cc: David Harden, City ManagerV'/ [lTV DF I]ELRR¥ BER[H Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali,America City MEMORANDUM 'ill J September 17, 1997 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorn~( SUBJECT: Sidewalk Easement - S.E. 4th Avenue The attached Easemem Deed has been provided to the City by John Zeder, Trustee for the H. Halid Zeder Trust. The Trust owns the property at the southwest corner of S.E. 1st Street and S.E. 4th Avenue. As part of the S.E. 4th Avenue improvemems, a sidewalk is being installed on the west side of the street. In order to install the sidewalk, the easement had to be obtained. Acceptance of this easement will permit the construction of the sidewalk. If you have any questions, please call. DNT:smk Attachment cc: David Harden, City Manager Sharon Morgan, City Clerk's Office Matt Rier, Civil Engineer zeder2.dnt Prepared by: RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. 1st Avenue Dekay Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this ~ day of/~4(.~'~X' , 1997, by and between the H. HAILD ZEDER TRUST, with a mailing address of 631 Big Beaver Road, Troy, MI 48083, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of I00 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That thc party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of.' installation and maintenance of a public sidewalk with full and free right, liberty, and authority to enter upon and to install, operate, and maintain said sidewalk across, through and upon. over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described ~roperty other than the existing canopy which may remain on the property, ~-th no presen)~.oy.~. uture liability to party or the first part resulting ?rom this easement.(~ \ It is understood that upon completion of such installation, all lands disturbed thcreb~a~ a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Pang of the llrst part does hereby fully warraut lhe titie to said land and will defend ti~e same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. v///~~,ESS #1: PARTY OF THE FIRST PART / (name printed or typed) Print Name: Jol~n Zeder as Trustee ~':TNESS #2: (name printed or typed) o -Te/ COUNTY OF ~ The foregoing instrument was acknowledged before me this ~)day of , 1997 by 70~A/ A. 2-~D& ~ He is personally known to me d as identification. ~gnature of Notary Public - State or/fi, ~.,~/ ZEDER.DED EASEMENT DESCRIPTION. A portion of lots 11 and 12, Block 94, TOWN OF LINTON, according to the Plat thereof, as recorded in Plat Book 1, page 3 of the Public Records of Palm Beach County, Florida; described as follows: The East 7.00 feet of the North 23.6 feet of Lot 11, as measured along a line parallel with and 7.00 feet west of the East line of said lot 11, the East 7.00 feet of the South 13.6 feet of Lot 11, the East 7.00 feet of the North 41.4 feet of Lot 12, all in Block 94, TOWN OF LINTON. Containing 550.2 square feet and being subject to easements, restrictions, reservations, covenants and rights-of-way of record. Sheet 1 of 2 Sheet 2 of 2 [ITY DF I]ELIIIIY BEIIgH Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali. America City MEMORANDUM September 19, 1997 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorney~ SUBJECT: Acceptance of Right-of-Way Easement from Lake Worth Drainage District - Coral Trace Boulevard In conjunction with the construction of Coral Trace Boulevard from West Atlantic Avenue north to the Coral Trace Development, the City had to acquire the attached easement from the Lake Worth Drainage District ("LWDD"). The proposed road crosses the LWDD Canal No. L-33. In order for the road to be constructed across the canal, the LWDD granted the attached easement, and the City needs to formally accept the easement. Please call if you have any questions. DNT:smk Attachment cc: David T. Harden, City Manager ^ _~ h~JP'~c~ Sharon Morgan, City Clerk's Office coral-l.dnt RETURN TO: LAKE WORTH DRAINAGE DISTRICT 13081 Military Trail Delray Beach, FL 33484 PREPARED BY: Mark A. Perry 50 S.E. Fourth Avenue Delray Beach, FL 33483 Doc. No. 5215 Canal No.. L-33 ACCESS EASEMENT KNOW ALL MEN BY THESE PRESENTS of this easement Deed made this /~.2 day of September, 1997, by LAKE WORTH DRAINAGE DISTRICT, a Special Taxing District, being a corporation existing under the Laws of Florida, and having its principal place of business at 13081 Military Trail, Delray Beach, Florida 33484 ("Grantor"). WITNESSETH: That the Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to it in hand paid, receipt of which is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain, sell and convey unto CITY OF DELRAY BEACH, whose post office address is 100 NW First Avenue, Delray Beach, Florida 33444, its heirs, successors and assigns (the "Grantee"), an easement for ingress and egress of motor vehicles, equipment and pedestrians over and across the property described on Exhibit "A" attached hereto and made a part hereof (the "Easement Property"). Grantor shall not hinder the use of said easement by the Grantee. By acceptance of this Access Easement and without waiver of limitation of liability as provided for in §768.28 (5) of the Florida Statutes and to the extent permitted by law, GRANTEE agrees to indemnify and hold harmless the DISTRICT from any and all liability costs and expenses the DISTRICT may or could sustain as a result of or emanating out of the terms and conditions contained in this Access Easement, the same including but not limited to, damage or injury to the public or to the canal structure itself. IN WITNESS WHEREOF, Grantor has set its hand and seal on the date first above written. Al-lEST: ~ LAKE WORTH DRAINAGE DISTRICT Kermit uell ' ~ Secretary President ,. 13081 Military Trail 13081 Military Trail '" '. Delray Beach, FL 33484 Delray Beach, FL 33484 STATE OF FLORIDA : COUNTY OF PALM BEACH : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared KERMIT DELL and WILLIAM G. WINTERS, the President and Secretary respectively, of the LAKE WORTH DRAINAGE DISTRICT, known to me, and who did not take an oath. WITNESS my hand and official seal in the County and State late aforesaid this the ! ~7 day of September, 1997. Slate of Florida My Commission Expires: B: SOURCES OF ~ US~ IH INl:PM'IION OF 1HO SURVE:Y ,~[ 8~ m ~UK~rY ML~y I~fT K III~mR~(~JC~D IH WH~4.~ OR IN pa/~T WTT~OUT '11'1~ HIGH POINT OF DELRAY - CONDO ASSOC. I ~.1 .~ ~ I ~- F I N~H POINT OF DELRAY - CONDO, ASSOC, I~1~ P,a,~, ~ ~ ~ ........ RIGHT OF ~AY lRAC · · ~lb ~ CORAL TRAC~ ~BULEVAR2 m~J= I Z J RIGHT DF ~AY TRACT 'B' RECEIVED SKETCH AND LEGAL DESCRIPTION SEP 18 !997 ACCESS EASEMENT LWDD SURVEYOR AND THE UNDERSIGNED ~URV[Y~ HA8 NOT ~E[N A CURRENT T]TL~ OPINION OR';A~STR~T OF HATT~R$ AFF[OT~NG TZTLB ~ ~DARY TO TH~ SUBJECT PR~ERTY, IT IS PDSSIgLB THAT THeE ARE DEEDS OF RECORd, UNRECOR~ DEEDS, EA~E~NTS OR OTHER ~ p. ~, p~ ~STRUHENTS THAT C~D ~ECT THE ~ND~ZES, ' ~* onsutgln9 Enoln¢~rs, Ptanners,Surveyors mare BY. ~. P. P. 100 Boule:~ard oF Champlo~ North La~d~rdale, FLorida 33058 L9 ~U, 0003444 ~t, ~'-~oo' LEGAL DESCRIPTION: A ACCESS EASEMENT ACROSS THE LAKE WORTH DRAINAGE CANAL NO. L-53 BEING LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA AND BEING DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TEMPLE "SINAI Of PALM BEACH COUNTY PROPERTY AS PLATTED IN PLAT BOOK 4-6 AT PAGE 53 OF THE PUBLIC RECORDS Of SAID PALM BEACH COUNTY SAID POINT BEING LOCATED ON THE SOUTH RIGHT Of WAY FOR THE L-33 CANAL, THEN RUN NORTH 17 DEGREES 24- MINUTES 4-2 SECONDS EAST 94.4-9 FEET TO A POINT ON THE NORTH BOUNDARY OF SAID L-53 CANAL, THEN RUN NORTH 89 DEGREES 4-0 MINUTES 57 SECONDS EAST ALONG THE SAID NORTH BOUNDARY 60.01 FEET, THEN RUN SOUTH 10 DEGREES 14 MINUTES 12 SECONDS WEST 91.55 FEET TO A POINT ON THE SAID SOUTH CANAL BOUNDARY, THEN RUN SOUTH 89 DEGREES 4-0 MINUTES 57 SECONDS WEST ALONG SAID SOUTH BOUNDARY 72.01 FEET TO THE POINT OF BEGINNING. CONTAINING 0.156 OF AN ACRE MORE', OR LESS. SKETCH AND LEGAL DESCRIPTION ACCESS EASEMENT ~U[NTt NO'~ VALI9 VI'I'HOUT THE SIGNATURE AND THE CORAL TRACE SUBDIVISION oR,o,. · - SURVEYOR AND HAPI~R THE UNq~R$It;N[D SURV[YOR HAS NOT BEEN PROVIDED .~~..~.~_..~~ A CURRENT TITLE DPINIDN OR A~STR~T ar MATTERS AFFECTING TITLE DR BO~DARY To THE SUBJECT PR~ERTY. IT IS PDSSlBLE T~T T~RE ARE DEE~S OF REC~D, ~RECOR~E9 ~EDS, ~S~TS aR OTHER ~ P, ~, ~ IN~T~EHT~ THAT C~D ~FECT THE ~N~IES. ~ ~ ~ ~7 Englneees, PLannees,Sueveyoes ~ ~Y' ~' P' P' 6100 ~ou[ev~Pd o~ Champions L9 ND. 0003444 s~, ~,- ~o0, - I RM 7 ~ DEI. RAY RM PALM /~N CF F,4C/L/TY LAHTtC PC O E LRAY CITY JIF i)ELRRY BEIIgH Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ali.America City MEMORANDUM 1993 TO: City Commission FROM: David N. Tolces, Assistant City Attorne~~T SUBJECT: Hold Harmless Agreement Between City and Grove Square, Inc, The City has a sanitary sewer easement located within the Grove Square development. Grove Square submitted a site plan modification to allow for the construction of a bar area in the courtyard area behind the restaurants currently operating at Grove Square. A portion of the proposed bar encroaches into the City's easement. In order to allow for the construction of the structure, the City requires the property owner to enter into the attached hold harmless agreement prior to approving construction. The agreement provides for the improvements to be placed within the easement. Grove Square agrees that in the event the City must perform maintenance on the sanitary sewer line that the City will not be responsible for any damage to the improvements. All costs for replacing any improvements will be the owner's responsibility. If you have any questions, please call. DNT:smk Attachment cc: David T. Harden, City Manager /~J Sharon Morgan, City Clerk's Office ~ t~ ~.~. Dick Hasko, Assistant City Engineer grovesq2.dnt HOLD HARMLESS AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF STRUCTURES WITHIN AN EASEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this day of , 1997 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "City") and GROVE SQUARE, INC., a Florida corporation with a mailing address of 132 N. Swinton Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, OWNER owns property located at 29 S.E. 2nd Avenue, Delray Beach, Florida, and has requested the CITY to allow for the installation of restaurant related improvements within the existing utility easement more particularly described in Exhibit "A"; and, WHEREAS, CITY maintains a sanitary sewer line within the utility easement; and, WHEREAS, OWNER agrees to hold the CITY harmless for any damage which might be caused to the OWNER'S restaurant improvements installed within the easement as a result of maintenance of the sanitary sewer line within the sixteen foot (16') utility easement. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER owns the property which is legally described as follows: See Exhibit "B" attached hereto. 3. That OWNER is renovating the property to include additional restaurant related features in the courtyard area which encompasses a CITY utility easement. Said improvements are indicated on the site plan attached hereto as Exhibit "C". 4. That CITY maintains an existing sixteen foot (16') easement in which the CITY maintains a six inch (6") sanitary sewer service line. 5. OWNER, on behalf of itself, its successors, heirs, and assigns, acknowledges that the CITY shall assume no responsibility for the structures, improvements, materials, appurtenances or furniture which are being placed within the easement. 6. OWNER, its successors, heirs, and assigns, in consideration for the payment of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including attorney's fees and costs at the trial and appellate levels, which may result from maintenance of the existing utilities within the sixteen foot (16') easement. OWNER, its successors, heirs, and assigns further agree to hold the CITY, its agents, officers, employees and servants harmless for any damage to the restaurant related improvements which will be placed within the sixteen foot (16') easement. It is understood that any cost for replacement of the restaurant related improvements shall be OWNER'S, its 2 successors', heirs' and assigns' responsibility and CITY will not be held liable for any damage as a part of the maintenance or construction within the said easement. 7. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. 8. This agreement constitutes the entire agreement between CITY and OWNER and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Jay Alperin, Mayor City Clerk Approved as to Form: City Attorney WITNESSES: OWNER: '-Print Name: ~',~ ~ Print N ~. ~.,..~.,~.o..,.,: Title: Print Nar~e: ~h~6 (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ~'J~ day of ~~ , 1997 by '~t~ ~erTe:~'5 (name of officer or agent, title of officer or agent) of-~cx.~2'5(l.~/ql~ ~,w~na. me of corporation acknowledging), a ~ t.- , (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. ~ c",. Signature of No[ara) Public - State of Florida harmles.agt 8/26/97 4 '08/25/'i997 14:06 561243722i CITY OF DELRAY BEACH PAGE 02 EXHIBIT "A" F~E~ DEED . t - THIS INDENTURR made thee _'~ day of. Novembez, 1995 by ~nd ~euween BLOC~ 85 CORP., a Florida Corpo~atf~n ("Grantor"), hav~ng an address of 1008! P~nes BouleVard, Suite E, Pembroke Pines~ FL 33024 mhd the CITYiOF DBLRAY REAC~, a Florida municipal corporation in Pa]~ Beach County, State of Florida ("Grantee") having an address at 100 NW !let Avenue, Delray Beach, FL 33444, WITNESSETH: That Grantor, for and in consideration of the sum of TEN (~0.00) DOLLARS an~ other.goodan~ valuable considerations to i~ hand paid ~rantee, the recexpt of which is hereby acknowledged does ihereby grant, bargain, sell, and release unto Grantee, its successors and assigns, & right of way and perpetual easement for the purpose of .cons~ruc~ion and continued operation, maintenance, repair, alteratxon, znspection, and replacement ~ any and all water and ~ewer lines, with full and free right, liberty, and authority to ~nter upon and to install, operate and maintain such wa=er and sewer li~es under, across, through, and upon, over, under, or within the ~ollowing described property lo~ated in Palm Beach County, Florida, to wit~ SEE EXHIBIT "A" A~ACHED HERETO (the "Easement Parcel"). Concomitant ~nd coextensive with this right is the further tight in Grantee, ~ts successors and assigns, of ing~esm and egress over and on that p4rtion of the land described a~ove, to ~ffect the purposes of the easement. That this easement shall be subject only to those easements, restrictions, and ireservations of record. Except as othezwise provided in this e~ement, Grantor also agrees to erect no building or effect any othe~ kinds of construction or improv~ents upon the easement pexoel. Grantor does hereh~ fully warrant the title to eal~ land and will defend the s!ame against the lawful claims o£ all Dereons whomsoever clalmi~g by, ~hr~ugh, or under it~ that it has go~d right an~ lawful authority to grant the above described and that the sa~-! in unencu~ered, where the context of this easement allows ori permits, the same shall include the successors or ase£~ne o~ the parties. {~/~5/~ M0N 13:00 [TX/RX NO 8531] '88/25/1997 14:06 5612437221 CITY OF DELRAY B~CH PAGE 03 .~..~ i SUBJECT HOWeVeR, to the following reservations, restrictions, and agreements: 1. Grantor r+serves unto itself the right and privilege to use and'occupy andito grant to others the right to use and occupy the surface and sub,surface cf, and the airspace over, the easement parcel, for such us~s and purposes which shall not be inconsistent with the easement !described in this instrument. Such uses and purposes shall include, but shall not be limited to, the right to landscape, pave, and to place personal property in, the easement parcel, including, But not limited to, sprinkler systems and other equipment. In the event that Grantee, its licensees, agents, successors, or assigns, in any manner, disrupts, interferes with, or causes any damage whatsoever to any such landscaping, paving, or personal property,i then Grantee shall use its best efforts to promptly replace o~ repair such landscaping, paving, or personal property. Should Grantee fail to comply with its obligations to replace or repair an a prompt manner and as otherwise set forth above, Grantor mayimake such replacements or r~pair~ and Grantee shall promptly re/~urse Grantor for all reasonable costs and expenses incurred ~n connection therewith. 2. The rights!granted herein shall be exercised by Grantee at all times in a reasonable manner and without undue interference with the use and occupancy of the lands covered by or abutting the E~sement Parcel. IN WITNESS WHE~OF, the parties to this Easement Deed set their hands and se~ls the 4ay and year first above written. WITNESSES: i BLOCK 85 CORP., a . ..~ t.? ~ Florida Corporation "' By: ._~ Prin~ o~ typ6 &ame~]' Print or type name CITY OF DBLBAY BEACH, a F1 orida~J~g~l corp°ration Print or 08/25/9'7 I~ION 13:00 [TX/RX NO 8531] '88/25/'1997 14:06 5612437221 CITY OF DELRAY BEACH PAGE 04 "' '. " ~... 0~' ~20,,-, P~ ~2~ ~rint or t~e n~e O . ~ ~ ~erk ~ ~ : ~ Clerk STATE OF FLORIDA COUNTY OF PALM B~AOH The foregoing iinmtrument was acknowledged before ~e this 17=h day of November ~. ..... , 1995 by Kenneth He,de= , a~ Prestden~ ~ of BLOCK 85 CO~., ~ F~ri~a =o~orati~n, on behalf of the c~oration,~ who ie pe~:so~lly. ~': t~. STA~ OF FLORIDA ~ The ~regoln~ ~inst~ent was ac~owle~ge~ ~efor~ me this & ~ on behalf of the e ..... *~~ zs ~ereonally ~ ~ ~ or who has produced identification. ~ 3 08/25/97 ~ON 13:00 [TX/RX NO 8531] '0B/25?lBg? 1~:06 5~12~37221 CITY OF DELRAY BEACH PAGE 05 EXHIBIT "A" THAT PART OF TH~ A~L~.Y RIGHT OF WAY IN BLOCK 85, MAP OF THE TOWN OF LINTON (NOW DBLRAY BEACH), AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE P~BLIC RECORDS OF PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS: · BEGIN AT THE SOUTHEAST CORNER OF LOT 3 OF SAID BLOCK 85; THENCE N. 90 degrees 00' 00" iW., ALONG THE SOUTH LINE OF LOTS 2 AND 3 OF SAID BLOCK 85, 98.92 FE~T TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE S.0 degrees 51' 2?? E., ALONG THE SOUTHERLY EXTENSION OF TH~. W~ST LINE OF SAID LOT! 2, 16.00 FEET TO THE NORTH LINE OF LOT 1, SUBDIVISION OF BLOCK 85, AS R~CORDED IN PLAT BOOK 4, PAGE 14 OF TH~ PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE N. 90 degrees 00' 00" E. , ALONG SAID NORTH LINE AND THE EASTERLY ]~XTENSION THEREOF, 96.30 FEET TO THE INTERSECTION THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 3, BLOCK 85~ THENCE N. 8 degrees 27' 30" H. ALONG SAID EXTENSION, 1~. 16 FEET TO THE SAID ~OINT OF BEGINNING. CONTAINING 1562 S~UARE F~.~.T, MO~ OR LESS. 08/25/97 ~ON 13:00 [TX/RX NO 8531] EXHIBIT DESCR/P T/ON: LOTS 2 AND ,:7, BLOCK 85, TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T BOOK 1 PAGE 3 (SHEET 2) OF THE PUBLIC RECORDS OF PALM 8EACH COUNTY, FLORIDA. AND LOTS I THROUGH' 9, INCLUSIVE, SUBDIVISION OF 8LOCK 85, ACCORDING TO THE PLA T THEREOF RECORDED IN PLA T 800K 4 A T PAGE 14. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FL OR/DA. AND THAT PART OF THE ALLEY RIGHT OF WA Y (10 FEET WIDE) WHICH WAS ABANDONED BY CiTY OF DELRA Y BEACH RESOLUTION NO. AND RECORDED IN OFF/C/AL RECORD BOOK 875, PAGE I OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR/DA, LYING EAST OF AND ADJACENT TO THE A8OVE DESCRIBED LOTS I THROUGH INCLUSIVE, SU8DIVISION OF BLOCK 85. AND THA T PART OF THE ALLEY RIGHT OF WA Y IN BLOCK 85, MAP OF THE TOWN OF LINTON (NOW DELRA Y BEACH), AS RECORDED IN PLA T 80OK 1, PAGE J, OF THE PUBLIC RECORDS OF PALM 8EACH COUNTY, FLOR/DA, DESCRIBED AS FOLLOWS: 8EG/N AT THE 'SOUTHEAST CORNER OF LOT J OF SAID 8LOCK 85; THENCE NORTH 90°O0'O0"'WEST ALONG THE SOUTH LINE OF LOTS 2 AND J OF SAID 8LOCK 82, 98.92 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2: THENCE SOUTH 0°$1'27" EAST, ALONG THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 2, 16.00 FEET TO THE NORTH LINE OF LOT 1, SU8OIVISION OF BLOCK 85, AS RECORDED IN PLAT 80OK 4, PAGE 14, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR/DA; THENCE NORTH 90°00'00~ EAST, ALONG SAID NORTH LINE AND THE EASTERLY EXTENSION THEREOF, 96.30 FEET TO THE INTERSECT/ON WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT J, BLOCK 85; THENCE NORTH 8°27'30" EAST ALONG SAID EXTENSION, 16.1~ FEET TO THE SAID POINT OF 8EGINNING. ~ IX 6.0'7. h ~- ~,~ 1 & 2 STORY BUILDING ~.~. , ~. ~ ~.~ .- ,~. m ~ FL OOR ~ ~ +18.25 CA TCH BASIN ~ BRICK ~ ~ R~ +18.05 ~ 6.5' BAS~ ~ ~ 00'00 '~. PAD T NA~ PA VED ~ ~ ~SC STAMPED ~0~ ~ALK 128. B~'~ t290' 52.7' %. rou~ CROSS ~ o~. CUT (NU ~R) ~ LOT ~ ~K ~-~? ~~ - 10' ~ ~ ' LOT 2 BLOCK ~, P.B. 4 PG. 14 ~ ~ ..... LOT J BLOCK 85 P.B. 4 PG. 14 LB' ~ BA SIN ~ BRICK ~ RI~ +17.78 49.5' ~ TF~ CONC · ' DETAIL S SCALE 12 FGALV, MTL, DRIP EDGE +9'-8 AFF COL. 4'-o' GLASS BLOCK-- FOOTREST ~ 1 ELELVATIDN SHORT ELEVATION SCALE 1/4'=1'-0' SPANISH-S CEMENT --16 ROOF TILE I DP OF BM. GALV, MTL. DRIP EDGE Date 9'-8' AFF 6 Scale A / STL, COL. (BEYOND) J Drawn BLOCK ~ Job CONC. FOOTREST Checke Sheet $ LONG ELEVATION SCALE 1/4'=1'-0' MEMORANDUM DATE: September 16, 1997 t//}A TO: David Harden, City Manager, S) FROM: Lula Butler, Director, Community Improvement RE: Authorization to Purchase Additional Garbage Carts from Otto Industries ITEM BEFORE THE COMMISSION: City Commission authorization to purchase a total of 1,115 garbage carts of various sizes from Otto Industries for a total cost of $44,345.50. Funds are available in the Sanitation Fund Account # 433-3711-534.49-35 - Cart Renewal and Replacement. BACKGROUND: The Community Improvement Department's Code Enforcement Division is responsible for tracking and disseminating garbage carts to all residential properties. The City's initial supply of 95- and 32-gallon carts have been exhausted or our inventory supply is very Iow. As of September 9, we have 150, 95-gallon carts in inventory and zero 32- gallon containers. The 32-gallon cart has proved to be of very limited popularity; most of them are currently utilized in developments were space for storage is limited and where the households are largely adult members only. We need additional carts of this size to service new residents and as replacements. The 95-gallon containers appear to be too large for many residents and the 32-gallon carts too small. We believe the 68-gallon cart which is available and reasonably priced, will be suitable for the 3-5 member households. These carts will be used for new dwelling units only. We will not change out existing serviceable 95- or 32-gallon containers for the mid size one. Pricing for the containers are as follows: 715 68 Gallon $39.50 $28,242.50 400 32 Gallon $28.00 $11,200 Shipping Costs $ 4,903.00 1,115 $44,345.50 September 16, 1997 I have attached for your reference the potential new developments planned from which we have based the number of carts recommended to be purchased. RECOMMENDATION: Staff is recommending City Commission approve the purchase of 1,115 garbage carts from Otto Industries at a total cost of $44,345.50. Funds are available in the Cart Renewal and Replacement Account # 433-3711-534.49-35. LB:DQ Attachment Carts. DH Staff recommedations for proposed quantity of garbage carts are based on the following new dwelling units (based on site plan approvals) coming on line: Coral Trace 284 Lakes of Delray 160 Ville De Este 191 Le Sedona 66 Hammock Groves 273 Lees Crossings 60 Barwick Ranch 18 Whispering Pines 13 Reserve Units 50 TOTALS 1 ,'1 '1 $ We estimate that approximately two thirds of the new units will be serviced with the 68- gallon carts, the balance will utilize 32-gallon carts. Date: 9/16/97 Agenda Item No. ~TG AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: 9/23/97 Description of Agenda Item: Authorizat±on to Purchase Add±t±onal Garbage Carts from Otto Industr±es Ordinance/Resolution Required: Yes ~N~ Draft Attached: Yes / No Recommendation: Ap p r o v a 1 Department Head Signature:~~ City_ Attorney Review/Recommendation (if applicable) , Budget Director Review (required on all items involving expenditure of funds): Funding Available'tY~) No Funding Altemative~ (if applicable~)~) Account # & Description: 433-3711-534-49.35 CO~I~ ~4~ Account Balance: :~ ~0, ~ City_ Manager Review: Approved for agen / No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 MEMORANDUM To: David T. Harden, City Manager From: Joseph M.QS~~rector of Finance Subject: Industrial Revenue Bonds, Series 1985 Date: September 17, 1997 The attached is a tri-party agreement by resolution between the City of Delray Beach ("Conduit Issuer"), NationsBank ("Prior Trustee"), and the Bank of New York ("Successor Trustee") with respect to the Industrial Revenue Bonds, Series 1985. These bonds were issued for the purpose of financing the Seneca Group Park 10 Project. In this agreement, NationsBank agrees to resign as Trustee and agrees to transfer all rights and duties to the Bank of New York. The Bank of New York agrees to accept these duties and rights and to accept the appointment by the City as Trustee, Paying Agent and Registrar. We recommend that this resolution, which is required under the Indenture, be placed on the next available agenda for Commission approval. c: R. S. O'Connor, Treasurer RESOLUTION NO. 97-72 ~p, GREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of ,g~og',,~',~/g~' by and among Landmark National Bank of Fort Lauderdale, a Nationa{ Banking Association organized and existing under the laws of the State of Florida and having its principal corporate trust office at Ft. Lauderdale, Florida ("Prior Trustee") and THE BANK OF NEW YORK, a banking corporation duly organized and existing under the laws of the State of New York and having its principal corporate trust office at 101 Barclay Street, Floor 21 West, New York, New York 10286 ("Successor Trustee"). RECITALS: VqHEREAS, the Issuer and Prior Trustee entered into [a Trust Indenture dated as of December 1, 1985] by and between the Issuer and the Prior Trustee (the "Indenture"). WHEREAS, the bonds (as such term is defined in the Indenture) were originally authorized and issued under the Indenture; WHEREAS, the Issuer desires to appoint Successor Trustee as Trustee, PayingAgent and Registrar to succeed Prior Trustee in such capacities under the Indenture; and WHEREAS, Successor Trustee is willing to accept such appointment as Successor Trustee, Paying Agent and Registrar under the Indenture; NOW, THEREFORE, the Issuer, Prior Trustee and Successor Trustee, for and in consideration of the premises of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby consent and agree as follows: ARTICLE I THE PRIOR TRUSTEE SECTION 1.01 Prior Trustee hereby resigns as Trustee under the Indenture. SECTION 1.02 Prior Trustee hereby assigns, transfers, delivers and confirms to Successor Trustee all right, title and interest of Prior Trustee in and to the trusts of the Trustee under the Indenture and all the rights, powers and trusts of the Trustee under the Indenture. Prior Trustee shall execute and deliver such further instruments and shall do such other things as Successor Trustee may reasonably require as to more fully and certainly vest and confirm in ° Successor Trustee all the rights, powers and trusts hereby assigned, transferred, delivered and confirmed to Successor Trustee as Trustee, Paying Agent and Registrar. ARTICLE II THE ISSUER SECTION 2.01 The Issuer hereby accepts the resignation of Prior Trustee as Trustee, Paying Agent and Registrar under the Indenture. SECTION 2.02 All conditions relating to the appointment of The Bank of New York as Successor Trustee, Paying Agent and Regis.trar under the Indenture have been met by the Issuer, and the Issuer hereby appoints Successor Trustee as Trustee, Paying Agent and Registrar under the Indenture with like effect as if originally named as Trustee, Paying Agent and Registrar in the Indenture. ARTICLE III THE SUCCESSOR TRUSTEE SECTION 3.01 Successor Trustee hereby represents and warrants to Prior Trustee and to the Issuer that Successor Trustee is not disqualified to act as Trustee under the Indenture. SECTION 3.02 Successor Trustee hereby accepts its appointment as Successor Trustee, Paying Agent and Registrar under the Indenture and accepts the rights, powers, duties and obligations of Prior Trustee as Trustee, Paying Agent and Registrar under the Agreement, upon the terms and conditions set forth therein, with like effect as if originally named as Trustee, Paying Agent and Registrar under the Indenture. ARTICLE IV MISCELLANEOUS SECTION 4.01 This Agreement and the resignation, appointment and acceptance effected hereby shall be effective as of the opening of business on ~~ ~/~/7' · SECTION 4.02 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION 4.03 This Agreement may be executed in any number of counterparts each of which shall be an original, but such counterparts shall together constitute but one and the same instrument. RESOLUTION NO. 97-72 IN WITNESS WHEREOF, the parties hereto have caused this Agreement of Resignation, Appointment and Acceptance to be duly executed and acknowledged and their respective seals to be affixed hereunto and duly attested all as of the day and year first above written. [SEAL] The City of Delray Beach, Florida the Issuer Attest: By: Same//~a~/A lp~f~n ~ Ti~// M~yor -- Name: Barbara Garito Approved as to forrrj and Title: Deputy City Clerk ~_ficiency: .... City Attorne~ [SEAL] NationsBank, N.A. formerly Nations Bank of Florida, N.A., formerly aknown ~s Land/hark 2~tional Bank Ft s rmor ~ru~eS,' //-- /__ of . Lauderdal~ Attest: By: · Na .~~ ,.,.~.. ~ Title: Trast Officer Title: Assistant Vi~e President [SEAL] THE BANK OF NEW YORK, as Successor Trustee ATitle: E. BENNETT · A_~sistant Tre3surer ~ ~l~UTitle: Assi bttt Trmmr RESOLUTION NO. 97-72 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 23, 1997 RESOLUTION NO. 70-97 DATE: SEPTEMBER 19, 1997 This is a resolution assessing costs for emergency action required to board up an unsafe building on property at 139 N.W. 12th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $1,959.98 remains unpaid. Recommend approval of Resolution No. 70-97 assessing costs to board up an unsafe building on property at 139 N.W. 12th Avenue. RESOLUTION NO. 70-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 70-97 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 six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recordinG of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1997. MAYOR ATTEST: City Clerk - 3 - Res. No. 70-97 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT ADDRESS: 139 NW 12~h Avenue, Delray Beach, F1 33444 --4~0~-NW 19th Street, Miaml,'F1 33313 PROPERTY~ 139 NW 12th Avenue, Delray Beach, Fi 33444 LEGAL DESCRIPTION: Lots 3 and 4, Block 1, Pinecrest according ~ P%at [oQk. 14~ Page 46 of the official records of Palm Beach County, Fi. You, as the record owner, of, or holder of an interest in, the above describad property are hereby advised that a cost of $1,959,98 __by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19__, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described i~roperty. You were given notice on ._ 6-26-97 that the Chief Buildirlg Official had determined that a building/structure located on the above describ6d property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures ~or obtaining an appeal. You have also failed to take the correclive action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Constr~ction Appeals. You were given written notification on that you were required to take the corrective action requ..ired.by the decisio~ of the Board of Construction Appeals within a stated period of timel You failed Io take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. -4- The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on , 8-i!1-97 at a cost of $1,959.98 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CiTY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk' -.5- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~}/ITY I~aNAGER RESOLUTION NO. 71-97 DATE: SEPTEMBER 19, 1997 This is a resolution assessing costs for abatement action required to remove nuisances on 23 properties located throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 71-97 assessing costs for abating nuisances on 23 properties within the City. RESOLUTION NO. 71-97 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 SMALL 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 exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a 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 assess- ment 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 prop- erty 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 Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in 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 same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures 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. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately 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 - 2 - Res. No. 71-97 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 , 1996. M A Y 0 R ATTEST: City Clerk - 3 - Res. No. 71-97 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TOWN OF DELI{AY, LOT 2, ALFRED STRAGHN $ 51.00 BLK 34, PB 10, P 45, 26 SW 5TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (241 NW 4TH AVENUE) SOUTHRIDGE, LOTS 17 TO ESTERVINA MOREDA $ 35.00 20 INC., BLK 1, PB 13, 3524 CHATELAINE BLVD. 70.00 (ADM. COST) P 38, PUBLIC RECORDS OF DELRAY BEACH, FL 33445 PALM BEACH COUNTY, FL (REIGLE AVENUE) SOUTHRIDGE, LOTS 14 TO ESTERVINA MOREDA $ 45.00 16, INC., BLK 1, PB 13, 3524 CHATELAINE BLVD. 70.00 (ADM. COST) P 38, PUBLIC RECORDS OF DELRAY BEACH, FL 33445 PALM BEACH COUNTY, FL (REIGLE AVENUE) SOUTHRIDGE, LOT 29, MARIA DELACONCEPCION $ 59.00 BLK 1, PS 13, P 38, VILLA TOLEDO 70.00 (ADM. COST) PUBLIC RECORDS OF AVEIDA PAEL PARAISO PALM BEACH COUNTY, FL CARACAS, VENEZUELA (321 STERLING AVENUE) TROPIC ISLE 4TH SEC., CAMMAC PROPERTIES, INC. $ 16.00 PB 25, P 69, PUBLIC P.O. BOX 2679 70.00 (ADM. COST) RECORDS OF PALM BEACH DELRAY BEACH, FL 33482 COUNTY, FL (3129 FLORIDA BLVD.) TOWN OF DELRAY, LOT 15, FRANK & JEAN JACOBS $ 52.00 BLK 35, PB 1, P 3, 60 HOPE CIRCLE 70.00 (ADM. COST) PUBLIC RECORDS OF WINDSOR, CT 06095-3507 PALM BEACH COUNTY, FL (NW 3RD AVENUE) SUNSET PARK DELRAY, ENRIQUE C. & AMPARO RAMOS $ 51.00 LT 51, PB 12, P 65, 1015 SW 2ND AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (1015 MANGO DRIVE) ATLANTIC GARDENS DELRAY, P. & GENEVA ROBINSON & $ 51.00 LT 6, BLK 9, PB 14, P 63, E. & DELORIS JOHNSON, JR. 70.00 (ADM. COST) PUBLIC RECORDS OF P.O. BOX 1233 PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33425 (SW llTH AVENUE) 4 Res. No. 71-97 SILVER TERRACE DELRAY L. D. TERRY $ 94.00 LTS 4 & 5, BLK 2, 3111 SW RUCKS DAIRY RD. 70.00 (ADM. COST) PB 11, P 61, PUBLIC OKEECHOBEE, FL 34974-8649 RECORDS OF PALM BEACH COUNTY, FL (1205 SO. DIXIE HWY.) ATLANTIC GARDENS DELRAY PRESTON WILLIAMS $ 59.00 LTS 15 & 16, BLK 7, 212 SW llTH AVENUE 70.00 (ADM. COST) PB 1, P 63, PUBLIC DELRAY BEACH, FL 33445 RECORDS, PALM BEACH COUNTY, FL (212 & MORE SW llTH AVE.) ATLANTIC GARDENS DELRAY, E. WILSON & HENRY WILSON $ 51.00 LOT 23, BLK 6, PB 14, P.O. BOX 1676 70.00 (ADM. COST) P 63, PUBLIC RECORDS DELRAY BEACH~ FL 33447 OF PALM BEACH COUNTY, FL (142 SW llTH AVENUE) NORTHRIDGE, W 1/2 OF PAUL E. NICOLLS $ 32.00 LOT 8 & ALL OF LOT 9, 210 SO. SEACREST CIRCLE 70.00 (ADM. COST) BLK 6, PUBLIC RECORDS DELRAY BEACH, FL 33444 OF PALM BEACH COUNTY, FL (210 SO. SEACREST CIRCLE) ATLANTIC PARK GARDENS, HOMER BEAN $ 32.00 DELRAY, LOT 2, BLK 3, 210 NE 14TH AVENUE 70.00 (ADM. COST) PB 14, P 56, PUBLIC BOYNTON BEACH, FL 33435 RECORDS OF PALM BEACH COUNTY, FL (SW 13 TH AVENUE) SUNSET PARK DELRAY, BRUCE W. KECK, JR. $ 50.00 LOT 53, PB 12, P 65, 1021 SW 2ND AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 33444 PALM BEACH COUNTY, FL (1021 MANGO DRIVE) TOWN OF DELRAY, LOT 26, CONRAD D. MIKULEC & $ 51.00 BLK 81, PB 11, P 32, PATRICIA MIKULEC 70.00 (ADM. COST) PUBLIC RECORDS OF 2552 S. FEDERAL HWY. #10 PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435 (382 NE 3RD AVENUE) ATLANTIC PARK GARDENS, J. D. & EARLINE MONROE $ 51.00 DELRAY, LOT 19, BLK 2, 32 EARLE STREET 70.00 (ADM. COST) PB 14, P 56, PUBLIC HARTFORD, CT 06120-1714 RECORDS OF PALM BEACH COUNTY, FL (39 SW 13TH AVENUE) 5 Res. No. 71-97 TOWN OF DELRAY, LOT 8, ROBERT D. RIDGLEY & $ 65.00 BLK 89, PB 4680, P 384, 210 PALM TRAIL 70.00 (ADM. COST) PUBLIC RECORDS OF DELRAY BEACH, FL 3348-5527 PALM BEACH COUNTY, FL (NE 3RD AVENUE) DELRAY BEACH SHORES DONALD & NAYADE G. ROMEO $172.00 E 35' OF LOT 34 & P. O. BOX 5462 70.00 (ADM. COST) W 60' OF LOT 35, PB 23, ST. AUGUSTINE, FL 32085 PB 23, P 167, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1017 WHITE DRIVE) TOURIST NOOK DELRAY, GLORITH STEPHENSON $ 59.00 LOT 25, BLK B, PB 11, 2655 DORSON WAY 70.00 (ADM. COST) PB 11, P 47, PUBLIC DELRAY BEACH, FL 33445 RECORDS OF PALM BEACH COUNTY, FL (232 NW 8TH AVENUE) TROPIC ISLE 3RD SEC., LEONARD L. SURLES, JR. $ 0.00 LOT 384, PB 25, P 37, c/o SURLES & SONS DIST. 70.00 (ADM. COST) PUBLIC RECORDS OF 140 NE 4TH AVENUE PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (VAC LOT WEST OF 960 IRIS DRIVE) HARRY SEEMILLER SUB, D. C. ZAWISTOWSKI & $ 54.00 SLY 170.26' OF ELY 150' MELISSA S. ZAWISTOWSKI 70.00 (ADM. COST) OF WLY 392.27' OF SLY 1248 NE 8TH AVENUE 100' OF ELY 42.27' OF DELRAY BEACH, FL 33483 WLY 242.27' OF LOT 5, EAST OF HWY, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (VAC LOT SOUTH OF 1248 NE 8TH AVENUE) LINCOLN PARK, DELRAY, DAVID E. DAYS $ 16.00 LOT 29, PB 23, P 160, 1900 NW 187TH TERRACE 70.00 (ADM. COST) PUBLIC RECORDS OF MIAMI, FL 33056-2832 PALM BEACH COUNTY, FL (119 SW 9TH AVENUE) SEACREST PARK, LOT 8, PETER BROWNE $ 51.00 BLK 9, PB 24, P 33, 926 SUNSET ROAD 70.00 (ADM. COST) PUBLIC RECORDS OF BOYNTON BEACH, FL 33435 PALM BEACH COUNTY, FL (2010 NE 3RD AVENUE) VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. - 6 - Res. No. 71-97 MEMOR_~ND~ TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY M32XlAGER SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 23, 1997 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 19, 1997 Attached is the Report of Appealable Land Use Items for the period September 8 through September 19, 1997. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. TO: DAVID T. HARDEN, CITY MANAGER THRU: D O INGUEZ, DIRECTOI~ DEPARTMENT OF PLANNING A~ID ZONING FROM: ~JASMIN ALLEN, PLANNER SUBJECT: MEETING OF SEPTEMBER 23, 1997 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 8, 1997 THRU SEPTEMBER 19, 1997 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of September 8, 1997 through September 19, 1997. This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. City Commission Documentation Appealable Items Meeting of September 23, 1997 Page 2 There were no appealable items considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for final action. Recommended approval on a 4 to 2 vote (Bird and Young dissenting, Carbone absent), of an amendment to the Land Development Regulations Section 4.3.4(J)(1) "Height"; Section 4.3.4(K) "Development Standards Matrix"; and Appendix A "Definitions"; to implement the recommendations of the Large Home Task Team. · Continued to the October meeting (6 to 0), the conditional use modification associated with the demolition of an existing gasoline station with service/repair facilities and reconstruction of a gasoline station with attendant convenience store for Speedway, located at the northwest corner of Barwick Road and West Atlantic Avenue. · Recommended approval with conditions (6 to 0), of a conditional use modification to allow the expansion of Casale Marble Imports, a monumental and ornamental stone cutting facility within the Industrial (I) zoning district at 750 S.W. 17th Avenue. · Continued to the October meeting (6 to 0), the abandonment request of a portion of the alleyway lying within Block 61, Town of Delray associated with the proposed Rectory Development to be located at the southwest corner of Atlantic Avenue and Swinton Avenue. · Recommended approval with conditions (6 to 0), of a conditional use request to allow the establishment of a child care facility for Kids Kingdom of Palm Beaches, Inc. within the Lake Ida Shopping Center, located at the southwest corner of lake Ida Road and Congress Avenue. · Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 4.4.6 Medium Density Residential (RM) zoning district. Concurrently, the Board recommended denial (4 to 2, Schwartz and Archer dissenting) of the proposed changes to increase the minimum unit size for three and four bedroom units. Other Items · The Board concurred (6 to 0), that the proposed Capital Improvement Plan (CIP) and the Capital Improvement Budget (CIB) are consistent with the Comprehensive Plan. City Commission Documentation Appealable Items Meeting of September 23, 1997 Page 3 A. Approved (7 to 0), the architectural elevations associated with enclosing a front porch area of the building for a display/showroom at the Borton Volkswagen Dealership, located on the east side of North Federal Highway, approximately 1,500 feet north of Allen Avenue (just north of Borton Volvo). B. Approved with conditions, (7 to 0), a request for color change and the architectural elevation plan to allow facade changes associated with converting the former Great Western Bank building to a furniture store, Gillis Signature Imports Showroom, located at the northwest corner of East Atlantic Avenue and N.E. 7th Avenue. C. Approved with conditions (7 to 0), the site plan to allow the construction of a triplex, Colridge Apartments, located on the west side of Venetian Drive, approximately 200 feet south of Ingraham Avenue. The landscape plan and architectural elevation plan were tabled. D Approved with conditions (7 to 0), a minor site plan modification and landscape plan in conjunction with the construction of a permanent and temporary parking lots (north half of site) at The Boy's Farmers Market, located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue. E. Approved (7 to 0), the architectural elevation plan to allow awning additions for Head Start, a child care facility located within the Catherine Strong campus on S.W. 6th Street. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CULt S,~EAM B,,~. CITY COMMISSION MEETING OF SEPTEMBER 23, 1997 L-30 CANAL LAKE IDA ROAD N.W. 2ND S.W. 2ND LOWSON BOULEVARD LINTON BOULEVARD j BOULEVARD L-58 CANAL C-15 CANAL CITY LI"ITS........... S.P.R.A.B.: A. - BORTON VOLKSWAGEN B. - GILLIS SIGNATURE IMPORTS SHOWROOM i MILE J C. - COLRIDGE TRIPLEX i I D. - THE BOY'S FARMERS MARKET SCALE E. - HEAD START N CfP( OF DELRAY BEACH, FL PLANNING DEPARTMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY M.Z~AGER SUBJECT: AGENDA ITEM ~ ~ - MEETING OF SEPTEMBER 23, 1997 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 19, 1997 This is before the Commission to approve the award of the following bids and contracts: 1. Bid award in the amount of $107,000 to Quality Transporta- tion for bus rental and driver service for various Parks Department programs, with funding in the amount of $45,320 from 001-4105-572-44.90; $41,050 from 001-4106-572-44.90; $8,550 from 001-4121-572-44.90; and $12,080 from 115-4912- 572-55.30. 2. Bid award in the amount of $63,826.68 to Neff Machinery for a John Deere 410E/Backhoe-Loader via GSA Contract GS-30F-1021D, with funding from 501-3312-591-64.20 through transfer from 501-0000-301-50.00. 3. Bid renewal award to Photoline Supplies at an estimated annual cost of $19,159.30 via City of Boca Raton Bid #95-071, with funding from FY 1998 budget, various departmental operating accounts. 4. Bid award in the amount of $15,020 to Luis Cintron Lawn Service, Inc. for landscape maintenance of the Atlantic Avenue Greenway Plan (vacant lots), with funding from FY 1998 budget, 119-4144-572-46.40. 5. Bid award in the amount of $63,311.06 to Custom Care, Inc. for landscape maintenance of the following: Homewood Boulevard, between Linton and Lowson Boulevards; Linton Boulevard, between Military Trail and CSX Railroad; three medians on Military Trail (in front of Del Aire Country Club); South Federal Highway, between Linton Boulevard and the C-15 Canal; Congress Avenue, between Lake Ida Road and Linton Boulevard; and water retention areas (Lake Ida and S.W. 10th Avenue); with funding from FY 1998 budget ($61,918.22 from 119-4144-572-46.60, and $1,392.84 from 448-5411-538-34.90. 6. Bid award, based on highest commission revenue to the City, to DiLoreto & Sons, Inc. for snack vending machine service at various locations within the City. Agenda Item No.: fL/ AGENDA REQUEST Date: Sept. 5~ 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 23, 1997 Description of agenda item (who, what, where, how much): Request awardin§ Bid #9?-38 (bus rental and driver service) to Quality Transportation in the amount of $107,000.00 to begin October 1, 1997. Funding will be provided as follows: $45~320 from acct.#001-4105-572-44.90; $41,050 from acct.#001-4106-572-44.90; $8,550 from acct.#001-4121-572-4~.90; and $12,080 from acct. #115-0000-248-78.00, ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO Recommendation: Award contract to Quality Transportation Department Head Signature: ~~ ~> ~ Determination of Consistency wi~Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds}: Funding available: ~E~/ NOA_ · ! , Funding alternatives-.~-"~ q% ~ j (if app%icable) Account No. & Description: ~'~i~ ~ ("/0~.!/!~_~ ~ Account Balance: City Manager Review: Approved for agenda: ~E~/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. l~a~djen, City Manager THRU: Joe Weld~h, Director Parks an§ Recreation Dept. FROM: J. Dragon, Assistant Director Parks and Recreation Dept. DATE: September 4, 1997 SUBJECT: Bus Service Bids Per the following and attached information, I recommend approval of the bid by Quality Transportation to provide bus service for the Parks and Recreation Dept. in the amount of $107,000. While Deb-Li Enterprises, Inc., D/B/A Shortway Lines, was the apparent low- bidder at $136,960, they withdrew their bid because they could not provide 55-passenger buses as required by the bid specifications. The contract amount has been reduced to $107,000 from the bid of $142,725 because that is the amount budgeted for bus service for FY97/98. We were able to reduce the bid to that amount by (1) the vendor agreeing to park the one bus for the after-school program in the city per our bid specifications. This resulted in a reduction of $14,400 by eliminating the travel time; (2) reducing the number of days that buses would be used for Item 3, summer camp, fi.om 39 days to 36 days, a reduction of $4125; (3) reducing the number of buses for Item 5, daily special events trips from 3 buses per trip to 1 bus per trip. This will reduce the bid by an additional $18,000. These reductions will result in a net projected cost for bus service of $106,200. Funds will be available in the following FY98 accounts: 1. 001-4105-572-44.90 $45,320 2. 001-4106-572-44.90 $41,050 3. 001-4121-572-42.90 $8,550 4. 115-0000-248-78.00 $12,080 Please advise. J.~ Director P~ffks and R~creation Dept. "~ BID FORM SCHEDULE OF PRICING / BID #97-38 PRICING FOR BUS RENTAL AND DRIVER SERVICE: (BUS RENTAL FEB SHALL INCLUDE DRIVER, OIL, GASOLINE, PARKING/TOLL CHARGES, MAINTENANCE, AND TOWING CHARGES FOR DISABLED BUSES. ) BIDDER (S) ~D%Y QUOTE ON ZITheR BULK RATE OR · HO?.TRLY RATE. BULK RATE i4OURLY RATE DAYS- 4 .Rs DAYS) 2. YOUTH ~'OOTBALL S /0,,g~0.~ $ X 300 HRS - S PROGRAM (BULK RATE PER HOUR ~o 1/2 HRS P~R DAli 3. SUMMER DAY CAMP $.~,~_~ ~0 $ X 1365 HRS - $ '. - 7 HRS DAY; ~ q 4. HOLIDAY CAMP $ ~O.~ $ X 196 HRS - $ PROGRAMS (2 BUSES) PER HOUR CHRISTMAS/HOLI DAY, 6 DAYS EASTER/SPRING 'BR~,AK- ~ HRS ,DAY) 5. DAILY SPECIAL $ $ X ~40. HRS - $ EVENTS {3 BUSES) PER HOUR .... MONTN$ - BASED ON 8 MR DAY . BID PRICE FOR: BULK ~TE MOURL~ ~E (ITEMS 1-'5 ~OVE) (ITEMS 1-5 ~OVE) T~L TIME IF $ $ APPLIC~LZ: BULK ~TZ PZR BUS HOURLY ~T~ P/BUS NOTE: HOURS INDICATED A~Z APPROXI~TIONS ~D ACTU~ HOURS ~Y V~Y MO~E OR Schedule of Pricing Continued Nex~ Pa~e .... 20 DEB-LI ENTERPRISES, INC. D~/A SHORTWAY LINES POST OFFICE BOX 1197 FORT LAUDERDALE, FL ~02-I197 (954) 523-0300 (954) 523-411 ! FACSEVIILE .August 25, 1997 Certified Marl Ja~ya Rooney City of Delray Beach 1~ ~ 1 De~y B~ ~ 33444 ~: B~ ~7-38 D~ ~. R~: PI~ ~th~w ~ ~t~, ~c. ~/a Sh~ay L~es' name ~n ~e a~ve.mf~ bid. It waa my ~d~din2 ~t we wo~d ~ ~ow~ to use 49 ~ssm~g~, ~adi~oa~, lavato~ equip~d ~ches exit f~ ~e ~ ~~. S~ ~t is not ~e ~se, doing ~e ~n~aci wo~d not ~ ~ ~e ~ Et~t of my ~mp~y. Fyou wo~d ~e us to ~o~ motor ~ach wozk ~y, we ~ do so at ~c bid pdt. We do h~ ~ d~ not ~use ~ E~v~ to ~c Ci~ of~y. C~I~ S. Blnm~ P~id~t Agenda Item No.: ~L~ AGENDA REQUEST Date: September 16, 1997 Request to be placed on:, .x Regular Agenda Special Agenda Workshop Agenda When: Description of agenda item (who, what, where, how much): City Commission i~ r~quested to approve a bid award to Neff Machinery in the amount of ~63,826.~8 for a .lnhn Dmmrm 4]OE/Bmgkhme - Loader under GSA Contract GS-30F-1021D. Funding is available ~nm C~v Cmrmg~: v~h~]m rap]acaman~ reserve account. Account number 501-3312-591-64.20. ORDIhLANCE/ RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO Recommendation: ~z~_~~ /~~ 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: ,Y~S~ NO Funding alternative .~9-- . (if applicable) Account No & Description: ~9{~ZJ~6~.(n~-Z~~ ~od~i~ City Manager Review: ~~ Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden City Manager FROM: RobertA. Barcinski ~ Assistant City Manager" DATE: September 16, 1997 SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING SEPTEMBER 23. 1997 BID AWARD - JOHN DEERE 410EIBACKHOE - LOADER ACTION: City Commission is requested to approve a bid award to Neff Machinery in the amount of $63,826.68 for a John Deere 410E/Backhoe - Loader under GSA Contract GS-30F- 1021D. Funding is available from City Garage, vehicle replacement reserve account. Account number 501-3312-591-64.20. BACKGROUND: Staff is requesting replacement of a 1972 CAT 920 front end loader with a John Deere 410E/Backhoe - Loader for the Construction Division. The proposed piece of equipment is more suited to the workload being anticipated and is a more flexible piece of equipment. Although we have invested a considerable amount of money into the CAT 920. I am ; recommending that we keep this piece of equipment for use in the Stormwater Division where it is more appropriate for use. This equipment is now in good shape and can be used as a back up. RECOMMENDATION: Staff recommends purchase of a John Deere 410E/Backhoe - Loader from Neff Machinery in the amount of $63,826.68 under GSA Contract GS-30F-1021D. Funding to come from account number 501-3312-591-64.20. RAB/tas File:u:sweeney/agenda Doc:johndeer.doc ADMINISTRATIVE SERVICES MEMORANDUM David T. Harden " City Manager F..~: ~'RobertA. Barcinski RI[C,EIVED ~Assistant City Manager SC,.p 0 /~ ~997 DATE: September 2, 1997 AS$~ S't'ANT CITY MANAGER SUBJECT: REPLACEMENT OF VEHICLE #682 - 920 CAT FRONT END LOADER I have reviewed the maintenance records for the last two (2) years for the above subject vehicle as well as the staff recommendation for replacement and the uses for which a replacement vehicle would be used. Based on the information reviewed, I would recommend the following: Purchase the recommended John Deere 410E combination backhoe/loader for the Construction Division based on their primary needs and intended uses. Keep vehicle #682/920 Cat front end loader in the fleet either in the Construction Division or in another department f~or City use. Analysis #682/920 Cat Front End Loader Total repair costs for this vehicle since it was transferred to the Construction Division as of 10/01/95 to present are approximately $45,000. Of this total approximately $20,000 was expended during the first six (6) months for steering repairs, engine overhaul, transmission repairs, and brake work. During the last year 10/01/96 - 08/18/97 approximately $10,000 has been spent on this vehicle ($2,325 for major hydraulic system repairs, $1,564 for seat replacement, $3,900 for new tires, $300 for brakes, and the balance on miscellaneous). Major systems have been re-worked over the last two (2) years. Based on this overhaul work and the limited number of hours used a week (approximately 7 hours), I think this vehicle is in good shape and should be kept in the fleet. In reviewing the maintenance records, none of the major system overhauls are repeat items except for minor brake work and some minor hydraulic hose repairs. In addition, it would be helpful to have this piece of equipment in the fleet so it can be used on an as needed basis by all departments and it would be helpful to have for use in the case of a hurricane or other disaster. I do not recommend auctioning this vehicle based on it's condition and need. Subject: Replacement of,Vehicle #682 Page: 2 Date: September 2, 1997 I've attached back up information on maintenance costs and the recommendation for purchase of a new vehicle. I will proceed with action concerning this vehicle based on your approval. RAB/tas cc: Richard Hasko Hoyt Owens File:u:sweeney/asmemos Doc:682cat.doc o MEMORANDUM TO: Robert A. Barcinski, Asst. City Manager FROM: Richard C. Hasko, P.E., Acting Director of Environmental Services~/~:~ SUBJECT: REPLACEMENT OF VEHICLE #682 - 920 CAT FRONT END LOADER DATE: August 28, 1997 Per your request, I have reviewed the maintenance records and replacement proposal for the subject equipment as prepared by Howard Wight and your Fleet Maintenance staff. I concur with the assessment that the existing Loader requires replacement due to age and condition. In retrospect, the implementation of the Construction Division in 1995, should have included acquisition of a new piece of equipment at that time rather than the expense of so much money on refurbishment of a 23 year old piece of heavy construction equipment. The Loader continues to be a chronic unreliable maintenance problem in spite of valiant efforts by Fleet to keep it operational. I also concur with the recommended replacement of the Front End Loader with the John Deere 410E Combination. Predicated on the anticipated workload for Construction Division for the next few years, the Combination will provide the most flexibility for in-house construction projects. It has adequate reach and lifting capacities for the water main upgrade projects which will dominate the Division's schedule, for projects requiring heavier capacity equipment, the John Deere 690 Track Excavator (Vehicle 423) remains available. Should you require additional advice in this matter, please contact me at extension 7303. RCH:cl cc: Howard Wight Hoyt Owens Richard Sandell RECEIVED AUG 2 2 1997 City Of Delray Beach. Department of Environmental Service;~ MEMORANDUM TO: Hoyt Owens, Dep Dir Public Works FROM: Howard Wight, Dep Dir of Construj~./n DATE: August 20, 1997 SUBJECT: VEHICLE #682 (920 Cat Front End Loader) REPLACEMENT The following is a response to the applicable points of your memo dated August 19, 1997 for the replacement of the above: Pertinent information on 1) The present condition of #682 and 2) life cycle costing and components can be obtained from the Garage. ~ 3) Based on the use we are recommending that a John Deere 410E combination backhoe/loader be purchased. This will give us the loader function desired for the work performed; and also provide us with the backhoe function for smaller water main tie-ins, potholing, etc. which are not practical with our larger track machine. Specifications for the 410E are attached. 4) Future transport scenario will not be necessary as this machine will be "road run" from the ESD complex to the jobsite daily. 5) Anticipated Costs...and existing Government Contracts, Attached is a quote from Neff Machinery based on current General Services Administration (GSA) pricing in the amount of $63,826.68 for the machine per the specifications required. A copy of the GSA Contract is also attached. A one year "full yea¢' maintenance is included in the purchase price. This machine is in stock and available now at Neff Machinery. Please expedite processing the requisition/PO for delivery of this machine. CC: Dick Hasko, Acting Director of Environmental Services (w/o attachments) Bob Barcinski, Assistant City Manager (w/o attachments) Richard Sandell, Superintendent Fleet Maintenance (w/o attachments) · MIAMI · POMPANO qUOT~TI0~ # 97-39 * WEST PALM BEACH · ORLANDO MACHINERY' · 4343 N.W. 76th AVENUE / MIAMI, FL 33166-6493 / PHONE: (305) 592-5740 / FAX: (305) 477-3207 SOLDTO City of Delray Beach DATE August 19~. 1997 434 S. Swinton Avenue SHIPTO Department of Environmental Services Delra¥ Beach, FL 33444 434 S. Swinton Avenue TERMS GSA Contract .Pricin~ Net 30 Days DELIVERY Unit in Stock and Available Now Attn: R. Howard White SOLOBY: Eny Sanchez, Governmental Sales I (we) the undersigned hereby order from you the goods described below. This order is subject to your ability to obtain the goods ~rom the manufacturer in time for delivery and prior to any price change by the manufacturer. Deliver7 instructions are shown above. It is understood between the parties that the seller is not the manufacturer or' the equipmen! herein sold and thai no warranty whatsoever, either express or implied, is given other than the warranty offered by the original manufacturer if still in Iorce. QUANTITY EQUIPMENT DESCRIPTION PRICE OFFICE USE 1 NEW 1997 John Deere 410E Backhoe Loader Serial No. # 834180 DER CODE DESCRIPTION AMOUNT 1740T 410E Backhoe Loader Base Machine $69,750.001 2025 Open ROPS/FOPS Canopy w/ Floormat and Headliner, Lights In Base 2625 Mechanical Suspension Deluxe Vinyl Seat 475.00 3075 Four Wheel Drive with Limited Slip Differentials 7,775.00 4.890 21L-24 10PR Rear Tires, 12.5/80-18 10PR Front Tires 1~680.00 5075 Backhoe with Extendible Dipperstick 6,275.00 5.120 Five Function Backhoe Valve 300.00 5225 Deere Two Lever Joystick Controls for Backhoe In Base 5.310 Less Auxiliary Plumbin~ for Backhoe In Base .5480 Pivotin~ Stabilizers with Reversible Pads 500.00 5656 24" Wide Heavy Duty Backhoe Bucket 1~300.00 7025 Two Function Valve Loader Hydraulics In Base 7655 1,~ Cubic Yard Heavy. Duty Lon~ Lip Bucket w/ Bolt on Edge 2~500.00 8485. 1,150.lbs. Optional Front Counterweight 1~150.00 862~ $~ngle Battery, 750 CCA In Base (Continued on Pa~e Two) CONDITIONS OF SALE Title to the above goods, notwithstanding delivery thereot, remains in Seller until the purchase price has been paid In lull. Seller shall be under no liability to Purchaser if delivery ol goods is delayed or prevented due to labor disturbances, transportation dilficultles, or for any reason not Seller's fault. II the demand from all sources exceeds Seller's available supply, the goods lo be allotted to Purchaser shall be determined solely by Seller in which evenl Seller shall not be liable lot having I'ailed to furnish Purchaser with all or any ol the goods ordered by Purchaser. If any sales, excise, or other taxes charged against the goods now in elfect shall be increased or if any new taxes shall be imposed by taxing authority, Purchaser agrees lo reimburse Seller for any and all such increased or new taxes thai Seller may be required to pay or reimburse to others. This order is not binding upon Ihe Seller unless and until shipped or approved in writing by and at Seller's office by an olflcer of the company. When accepted, this shall COnStitute a Florida Contract and righls of parties herelo shall be governed by the laws ol Ihe Slate of Florida. ACCEPTED, MIAMI, FLORIDA 19~ PURCHASER BY TITLE TITLE WHITE--OFFICE COPY CANARY~CUSTOMER COPY PINK--~ALESMAN'$ COPY SALES ORDER ,,,,,,, ' MIAMI QUOTATION //97-39 · POMPANO · WEST PALM BEACH · ORLANDO MACHINEI ' 4343 N.W. 76th AVENUE / MIAMI, FL 33~68-8493 / PHONE: (305) 592-5740 / FAX: (305) 477-3207 SOLDTO City of Delray Beach DATE A~Eu~ lq: 19 q7 434 S. Swinton Avenue SHIPTO D~pmr~m~nt mf Env~rnnm~n~-ml R~'vice~ Delray Beach, FL 33444 43A TERMS GSA Contract Pricin~ Net 30 Days DELIVERY Attn: R, Howard While SOLDBY: F. ny Rmnmhez: Cnvprnm~n~l .~]~ I (we) the undersigned hereby order from you the goods described below. This order is subject to your ability to obtain the goods from the manufacturer in lime for delivery and prior to any price change by the manufacturer. Delive~ instructions are shown above. I! is understood between the parties that the seller Is not the manufacturer o! the equipment herein sold and that no warranty whatsoever, eilher express or implied, is given other than the warranty o[fered by the original manufacturer If still in force. QUANTITY EQUIPMENT DESCRIPTION PRICE OFFICE USE 1 NEW 1997 John Deere 410E Backhoe Loader Serial No. #834180 ( Continued from Page On.e ) SUBTOTAL: $91,705. O0 Less GSA Contract Discount (30.40%) - ($27,878.32~ FOB Delray Beach TOTAL: $63.826.68 · Price includes all freight, One set of manuals, Pre-delivery sarvic~ m'Prices 0uoted Through: General Services Administration Office of Federal Supply and Services FSC, Class: 2410, ~80~ Contract Number: GS-30F-1021D · Please send all ourchase orders or in~uiriem to: Neff Machinery, Inc. 4343 N.W. ?6~h Aveuu~ Miami, FL ~3166 Attn: En¥ Sanchez, Governmental Sales Ph: (800) 235-6333 or (305) 734-6524 Pa~er CONDITIONS OF SALE Tills to the above goods, notwithstanding delivery thereof, remains in Seller until the purchase price has been paid in full. Seller shall be under no liability to Purchaser il dellvem/of goods is delayed or prevented due to labor disturbances, transportation diHIcultles, or for any reason not Seller's laulL II the demand Iron all sources exceeds Seller's available supply, the goods to be allotted to Purchaser shall be determined solely by Seller in which event Seller shall not be liable Ior having failed lo furnish Purchaser with al! or any O! the goods ordered by Purchaser. I! any sales, excise, or other taxes charged against the goods now in ellect shall be increased or il any new taxes shall be imposed by taxing authority, Purchaser agrees to reimburse SeJJetr for any and all such increased or new laxes thai Seller may be required lo pay or reimburse to others. This order is not binding upon Ihs Seller unless and until shipped or aDproved in writing by and at Seller's office by an olficer o! the comDany. When accepted, this shall constitute a Florida Contrac! and rights gl parlles hereto shall be governed by the laws gl Ihs Stale o! Florida. ACCEPTED, MIAMI, FLORIDA 19~ PURCHASER Ry TITLE TI'rLE WHITE--OFFICE COPY CANARY--CUSTOMER COPY PINK--SALESMAN'S COPY GENERAL SERVICES ADMINISTRATION OFFICE OF FEDERAL SUPPLY AND SERVICES Authorized Federal Supply Schedule Price List (Catalog) Machinery Listed: Backhoe/Loaders, Dozers, Wheel Loaders, Motorgraders, Excavators, Scrapers, and Crawler Loaders FSC Class - 2410, 3805 Contract Number: GS-30F-1021D Contract Period: 11 October 1995 through 30 September 2000. Contractor's Name, Address, and Phone Number: ENY SANCHEZ ..... SALES REPRESENTATIVE 4343 N.W. 76th AVENUE PHONE (305) 592-$740 : MIAMI. FL 33'1~4~3 FAX (305) 477-3~07 Business Size: Large .~i 27 JAN '1997 ' DISCOUNTS FROM LIST 271-101 310E 36.31% 271-101 310SE 36,31% 271-101 410E 30.40% 271-101 710D 30.40% 271-101 455G 19.70% 271-101 555G 19.70% 271-101 450G 19.70% 271-101 550G 19.70% 271-101 650G 19.70% 271-101 750C ' ' 18.94% 271-101 750C LGP 18.94% ' ' 271-10'1 850C 18.94% 271-10'1 850C LGP 18.94% 271-101 ~I4H 30,71% 271-101 TC44H 30.71% 271-101 544H 30.71% · 271-101 624G 34.24% 271-101 644G 31.41 % 271-101 744H & MH 24.34% 27i-101 6700 36.36% 271-101 670CH ' 36.36% 271-101 ' 672C 36,36% .... 271-101 770C 38.64% 271-101 770CH 38.64% 271'-'101 772CH 38.64% :~71-101 120 24.34% 271-101 690ELC 24.34% ; 271-101 790ELC 22.93% 5 271-101 892ELC 22,93% ~' 271-101 762B 18.94% 271-101 862B 18.94%' Note: See page 9 for Temporary Price Reduction Discounts, 1o ... 27 JAN,~997 ENGINE -- ~ Type ...................................................................................................... John Deere ~(i~:l:'T'~-rtx~c~-~g~ ...... Rated power @ 2,200 rpm .................................................................... 98 SAE gross hp (73 kW} 90 SAE net hp (67 Cylinders .............................................................................................. 4 Displacement ........................................................................................ 276 cu. in. (4.524 L) Fuel consumption, typical ................................................................... 1.5 to 2.5 gaL/hr. (5.7 to 9.5 L/h) Torque rise ............................................................................................ 34 percent Maximum net torque ........................................................................... 287 lb.-ft. (389 Nm) Lubrication ........................................................................................... pressure system with full-flow spin-on filter and cooler Air cleaner ............................................................................................ dual stage dry type with safety element and precleaner Electrical system ................................................................................... 12 volt with 65-amp alternator Sucker-type cooling fan TflANSMJSSION four-speed, helical cut gear, collar shift transmission synchronized in ali gears with hydraulic reverser Torque converter, single stage, dual phase with 2.12:1 stall ratio .............................................................................. 11 in. (280 mm) Travel speeds with 19.5L-24 rear tires .................................................. Fom,ard Reverse Gear 1 ............................................................................................. 3.6 mph (,5.8 kin/h) 4.0 mph (6.4 kin/h) Gear 2 ............................................................................................. 5.9 mph (9.5 km/h) 6.6 mph (10.6 kin/h) Gear 3 ............................................................................................. 14.4 mph (23.2 km/h) 16.1 mph (25.9 km/h) Gear 4 ............................................................................................. 24.4 mph (39.3 kin/h) 27.2 mph (43.8 kin/h) FINAL DRIVES heaw,-duty, inboard planetary final drives evenly distribute shock loads over three 8ears BP~KES hydraulic wet disk, mounted inboard, self adiusting and self equalizing CAPACITIES Fuel tank (with ground level fueling) .................................................. 36 gal. (136 L) Engine coolant ..................................................................................... 17 qt. (16 L) Engine oil including filter .................................................................... 9 qt. (8.5 L) Torque converter and transmission ..................................................... 1S qt. (14 L) Hydraulic system .................................................................................. 25 gal. (95 L) Rear axle ............................................................................................... 3.5 gal. (13 L) Mechanical-front-wheel-drive axle ...................................................... 2.3 gal. (8.5 L) STEERING hydrostatic power steering conforms to SAE J 11 $1, emergency steering to SAE J53 Non-powered axle Curb turning radius with brakes .................................................... 11 ft. 8 in. (3.56 m) Without brakes ......................................................................... 13 ft. 3 in. (4.04 m} Bucket clearance circle with brakes ................................................ 31 ft. 8 in. (9.65 m) Without brakes ......................................................................... 34 lt. 9 in. (10..59 m) Steering wheel turns, stop to stop .................................................. 2.3 to 3.0 Mechanical4ront-wheel-drive Curb turning radius with brakes .................................................... I 1 ft. $ in. (3.48 m) Without brakes ......................................................................... 13 ft. 6 in. (4.11 m) Bucket clearance circle with brakes ................................................ 29 ft. 7 in. (9.02 m) Without brakes ......................................................................... 33 It. 8 in. (10,26 m) Steering wheel turns, stop to stop .................................................. 2.5 Axle oscillation, stop to stop, both axles ............................................. 22 degrees Axle ratings ($AEJ43) Front ............................................................................................... 22,360 lb. (10 140 kg) Rear ................................................................................................. 15,530 lb. (7045 kg) HYDRAULIC SYSTEM System ....~ ............................................................................................. pressure compensated load sensing (PCLS) Pressure, main relief ............................................................................. 3,625 psi {25 000 kPa) Pump .................................................................................................... axial piston t Flow ~' 2,200 rpm ................................................................................. 42 gpm (159 L/min.) Filter, return oil .................................................................................... lO-micron, spin-on vertical replaceable element CYUNDERS Bore Stroke Rmt Loader boom (2) ................................................................................... 3.15 in. (80 mml 31.1 in. {790 mml 1.97 in. (50 mm) Loader bucket (1) .................................................................................. 3.15 in. 180 mm) 33.7 in. (856 mm) 1.77 in. 145 mmj Backhoe boom (1) ................................................................................ 4.92 in. (125 mm} 35.3 in. (897 mini 2.48 in. (63 mmJ Backhoe crowd ( 11 ................................................................................ 4,53 in. (I 15 mm) 27.7 in. (703 mm) 2.48 in. (63 mm) Backhoe bucket (1) ............................................................................... 3.94 in. (100 mm) 31.9 in. (810 mml 2,48 in. (63 mm} Backhoe swing (21 ................................................................................ 3.54 in, (90 mm) 10.9 in. (278 mini 1,97 in. (50 mm) Backhoe extendable dipperstick {I) ..................................................... 2.76 in. (70 mm) 47.8 in. (1214 mm) 1,77 in. (45 mm) Backhoe stabilizer (2i ........................................................................... 3.94 in. (100 mm) 19.7 in. (SIX) mm) 1.97 in. (SO mm) Steering (11 non-powered axle ............................................................. 2.20 in. (56 mm) 9.49 in. (241 mm) 0.98 in. (25 mm) Steering (11 MFWD ............................................................................... 2.56 in. (65 mm) 8.27 in. {210 mm) 1.42 in. (36 mm) I?1-1':'1 [;.A I'1 U N TIRES ~ ..................... Rear Front With non-powered front axle .............................................................. 19.5L-24, lO PR 1t4 I]L-16, 12 PR F3 21L-24, 10 PR R4 14.5175-16.1, 10 I'R F3 With mechanical-front-wheel-drive .................................................... 19.5L-24, 10 PR R4 12.5/80-18, 10 PR 21L-24, 10 PR R4 12.5/80-18, 10 PR SAE OPERATING WEIGHTS Standa rd ............................................................................................... ! $,000 lb. (6804 kg) (]ab adds ......................................................................................... 580 lb. (263 kg) Mechanical-ftont-wheebdrive with tires adds ............................... 325 lb. 047 kg) Extendable dipperstick excluding required counterweight adds .................................................................. 638 lb. (289 kg) Optional 400-lb. counterweight adds ............................................ 400 (b. ([81 kg) Optional 6SO-lb. counterweight adds ............................................ 650 lb. (295 kg) Optional 2SO-lb. bolt-on counterweight adds ............................... 250 lb. (113 kg) Backhoe bucket coupler adds ......................................................... 130 lb. (59 kg) See backhoe and loader performance data for bucket weights. LOADER BUCKETS Width Heaped Capaci~. Weight Heavy-duty long lip~ ............................................................................. 92 in. (2340 mm) 1.30 cu. yd. (1.00 m~) 1,050 lb. (476 kg} 92 in. (2340 mm) 1.50 cu. yd. (i.15 mq 1,190 lb. (540 kg) Multipurpose ........................................................................................ 92 in. (2340 mm) 1.25 cu. yd. (0.96 mq 1,550 lb. (703 kg) Auxiliary cutting edge and skid shoes are standard on all buckets. BACXHOE PERFORMANCE With Standard With I: ~tendable Dipperstick * Backhoe* Retracted £xtended Digging force, bucket cylinder ............................................................. 14,801 lb. (65.8 kN) 15,010 lb. (66.7 kN) 15,010 lb. (66.7 kN) Digging force, crowd cylinder .............................................................. 8,741 lb. (38.9 kN) 8,446 lb. (37.6 kN) 5,980 lb. (26.6 kN) Swing arc .............................................................................................. 180 degrees 180 degrees 180 degrees Operator control ................................................................................... two levers right foot treadle right foot treadle Bucket rotation ..................................................................................... 190 degrees 190 degrees 190 degrees Stabilizer angle rearward ...................................................................... 18 degrees 18 degrees 18 degrees Leveling angle ...................................................................................... 14 degrees 14 degrees 14 degrees *Backhoe specifications are with 24 in. x 7.5 cu. ft. (610 mm x 0.21 ma) bucket. BACKHOE BUCKETS Width Capacity Weight Standard duty ....................................................................................... 24 in. (610 mm} 7.5 cu. ft. (0.21 ma) 350 lb. (159 kg) Heavy duty ........................................................................................... 12 in. (305 mm) 3.3 cu. ft. 10.09 m~) 295 lb. (134 kg) 18 in. (457 mtn) 5.1 cu. ft. (0.14 mq 335 lb. (152 kg) 24 in. (610 mm} 7.5 cu. ft. (0.21 ma} 400 lb. (181 kg) 24 in. (610 mm) 8.8 cu. ft. (0.25 ma) 420 lb. (191 kg) 30 in. (762 mm) 10.0 cu. ft. (0.28 ma) 44S lb. {202 kg) 36 in. 014 mm) 12.5 cu. ft. (0.35 m~) 510 lb. {231 kg) Extra heavy duty .................................................................................. 18 in. (457 mm) S.1 cu. ft. (0.14 ma) 362 lb. {164 kg) 24 in. (610 mm) 7.5 cu. ft. (0.21 m~l 425 lb. (193 kg) 24 in. (610 mm) 8.8 cu. ft. (0.25 m.r) 455 lb. (206 kg} 30 in. (762 mini 10.0 cu. ft. (0.28 ma) 475 lb. {215 kg} Ditch cleaning ...................................................................................... 36 in. (914 mm) 12.5 cu. ft. (0.35 ma) 510 lb. (231 kg) 'Lift capacities are over-end values in lb. (kg) according to SAEJ3 I. Figures lisled are 87°~, ol the maximum Jilt force available. Base vehicle includes counler~eight. 410E BACKHOE WITH 410E BACKHOE WITH 4 FF. (1.22 M) 410E BACKHOE WITH 4 Fl'. (1.22 M) STANDARD DIPPERSTICK EXTENDABLE DIPPERSTICK, RETRACTED EXTENDABLE DIPPERSTICK, EXTENDED · ROPS and cab BACXHOE ~ With Standard With ~tendable Dipperstick ' Backhoe* Retracted Extended Loading height, truck loading position ............................................... 12 ft. 6 in. (3.81 tn) 12 ft. 8 in. (3.86 m) 15 ft. 6 in. (4.72 m) Reach from center of swing mast ......................................................... 19 ft. 8 in. (5.99 m! 19 ft. Il in. (6.07 mi 23 It. 8 in. (7.21 m) Reach from center of rear axle ............................................................. 23 ft. 4 in. (7.11 mi 23 ft. 7 in. (7.19 m) 27 ft. 4 in. (8.33 m) Maximum digging depth .....................................................................1S ft. 10 in. (4.83 m) 16 ft. I in. (4.90 m) 20 ft. (6.10 m) Digging depth (SAE): (1) 2-ft. (610 mm) flat bottom ............................................................. 1S ft. 8 in. (4.78 m) IS ft. II in. (4.85 m) 19 ft. 11 in. (6.07 m) {2) 8-ft. (2440 mm) flat bottom ...........................................................14 ft. 7 in. (4.45 m) 14 ft. 11 in. (4.SS rn) 19 ft. I in. (5.82 m) Ground clearance, minimum ............................................................... 14 in. (356 mm) 14 in. (356 mm) 14 in. (356 mm) Bucket rotation ..................................................................................... 190 degrees 190 degrees 190 degrees Transport height ................................................................................... I2 ft. I I in. (3.94 m) 12 ft. 10 in. (3.91 m) 12 ft. I0 in. (3.91 m) Overall length, transport ...................................................................... 23 ft. 11 in. (7.29 m) 23 ft. 11 in. (7.29 m) 23 ft. 11 in. (7.29 m) Stabilizer width - transport with ROPS ................................................ 7 ft. 2 in. (2.18 m) 7 ft. 2 in. (2.18 m) 7 ft. 2 in. (2.18 m) Stabilizer spread - operating ................................................................ 10 ft. 2 in. (3.10 tn) 10 ft. 2 in. (3.10 m) 10 ft. 2 in. (3.10 m) Stabilizer overall width -operating ..................................................... I1 ft. 7 in. (3.S3 m) 11 ft. 7 in. (3.S3 m) 11 ft. 7 in. (3.53 m) Width over tires .................................................................................... 86 in. (2.18 tn) 86 in. (2.18 tn) 86 in. (2.18 m~ 'Backhoe specifications are with 24 in. x 7.5 cu. ft. (610 mtn x 0.21 rna) bucket. LOADER PERFORMANCI: WITH BUCKET OPTIONS 1.30 at. yd. (1.00 m3) 1.50 cu. ),d. (1.15 m3) 1.25 cu. ,vd. (0.96 tn3) Heavy-Duty Long-Lip Heavy-Duty Long-Lip Multipurpose Operator control ................................................................................... single lever single lever dual lever Breakout force ...................................................................................... 10,300 lb. (45.8 kN) 10,170 lb. (4S.2 kN) 9,700 Ih. (43.1 kaN) Lifting capacity, full height ..................................................................7,200 lb. (3266 kg) 7,070 lb. (3207 kg) 6,700 lb. (3039 kg) ~ Height to bucket hinge pin, maximum ............................................... 11 ft. (3.35 m) 11 ft. (3.35 tn) 11 ft. (3.3S tn) O Dump clearance, bucket at 45 degrees ................................................. 8 ft. 10 in. (2.69 tn) 8 ft. 9 in. (2.67 tn) 8 ft. 8 in. (2.64 m) O Bucket dump angle, maximum ............................................................ 45 degrees 45 degrees 45 degrees ~) Reach at full height, bucket at 45 degrees ........................................... 30.0 in. (762 mtn) 31.0 in. (787 mtn) 32.2 in. ~818 mm) O Rollback angle at ground level ............................................................. 40 degrees 40 degrees 40 degrees ~ Digging depth below ground, bucket level .......................................... 6.7 in. (170 mm) 6.2 in. (157 tntn) 5.9 in. (150 mm) Raising time to full height ................................................................... 4.8 sec. 4.8 sec. 4.8 sec. Bucket dump time ................................................................................ 1.4 sec. 1.4 sec. 1.4 sec. Bucket lowering time (power down) .................................................... 2.3 sec. 2.3 sec. 2.3 sec. City of Delray Beach / Budget Transfer Form 09/17/97 (1) Departmental Line Transfer (2) Date (3) Interfund/Interdepartmental Transfer (4) Batch iN'umber (5) Requested By: Regina Frazier, Budget Administrator~ PROJECT # (6) ACCOUN,T NUMBER , (7) DESCRI ,P~ION (8) TR3d~SFER O,VT (9) TRanSFER IN 501-0000-301.50-00 Prior Year Surplus 63,830 501-3312-591.64-20 Automotive 63,830 (10) TOTAL 63,830 63,830 JUSTIFICATION: To fund purchase of John D~r¢ 410E Backhoe/Loader. Commission Agenda 9/23/97. Department Head ~ ~/l~/q7 Assr City Manager Finance Director City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMEN~ Agenda Item No.: AGENDA REOUEST Request to be placed on: Date: September 8, 1997 _XX_Consent Agenda __Special Agenda __Workshop Agenda When: September 23, 1997 Description of agenda item (who, what, where, how much): Approve-Bid Renewal for the Purchase of various Photographic Supplies. Award to Photoline Supplies at an estimated cost of $19,159.30 via City of Boca Raton Bid #95-071. Funds are to come from next year's budget. ORDINANCE/RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Renewal Award to Photoline Supplies, at an estimated annual cost of $19,159.30. Funding from ~art~s operatiyg y~dg~ Department Head Signature: ~ ' ~~~,~IXX Determination of Consistency ir~jlh/Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: (~O Funding alternatives: [5,~q <~ b~ (if applicable) Account No. & Description: x[ct/r'~bvt_4 Account Balance: City Manager Review: Approved for agenda: ~O Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: K. Butler, Buyer !~ THROUGH: Joseph Safford, Finance Director DATE: September 8, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 23, 1997 - BID RENEWAL AWARD PHOTOGRAPHIC SUPPLIES - CITY OF BOCA RATON BID #95-071 Item Before Commission: The City Commission is requested to approved the renewal of the award for the purchase of various photographic supplies to Photoline Supplies, at an estimated annual cost of $19,159.30, via the City of Boca Raton Bid #95-071. Background: The City of Boca Raton is the lead agency for this joint Bid. The City of Boca Raton has renewed this joint bid for another year per attached letter to vendor. The City of Delray Beach City Commission approved the award of this contract on September 19, 1995. (Documentation attached). Recommendation: Staff recommends renewal to Photoline Supplies at an estimated annual cost of $19,159.30 for the City of Delray Beach. Funding from various department's operating budget. Attachments: Renewal Letter To Vendor Dated May 15, 1997 City of Boca Raton Consent Agenda Dated August 12, 1997 City of Delray Beach Pricing Breakdown City of Delray Beach Consent Agenda Dated September 19, 1995 PURCHRSING BOCR RRTON Fax:561-595-Z985 Sep 5 '97 10:1]~ P. 01 May ~ 5. ! 997 Photolinc Supplies Richard Zecrra't n ~68 E_ Rog~s Circle Boca ha[oo. FI. 33487 8UBJY.(2T: Bid NO. 95-071, Photographxc Supplies Dear Mx_ ~r bid ro~fc~ Plca~ aav~c by 3~ below, if a ~c yc~ ex~t~ of our currem comract a{ pflccs stated m your bid ~ ~u~ 15, I~5 would bc Kc~. Plc~ compl~¢ faxed mi~ CtW ~ number 561-393-7983 wi~ t~ ocigi~l ~iled to ~c a~vc address. S~t~ly, [ h~rcby agree ~o a one year extension of ~c subj.[ bid- i lm ~bl~ m ~x~ the bM mic~ for ~ additional one ~i~m~ V'-- ~---~-- ' .... Date N~e (~nt) / Title CITY OF DELRAY BEACH ESTIMATED ANNUAL USAGE Description Est. Quantity Unit Price Total Price Kodak 100 GA 135-12 210 Rolls $ 1.99 Roll $ 417.90 Kodak 100 GA 135-24 400 Rolls 2.60 Roll 1040.00 Kodak 100 GA 135-36 10 Rolls 2.99 Roll 29.90 Kodak 200 GB 135-12 23 Rolls 2.45 Roll 56.35 Kodak 200 GB 135-24 280 Rolls 3.10 Roll 868.00 Kodak 400 GC 135-12 10 Rolls 2.65 Roll 26.50 Kodak 400 GC 125-24 100 Rolls 3.25 Roll 325.00 Ektachrome 200 ED 135-24 8 Rolls 5.45 Roll 43.60 Polaroid 600 Plus Twin Pack 469 Twin Packs 18.95 Twin Pack 8887.55 Polaroid 667 Plus Twin Pack 150 Twin Packs 16.75 Twin Pack 2512.50 Polaroid 669 Plus Twin Pack 100 Twin Packs 19.20 Twin Pack 1920.00 Spectra System Film 160 Twin Packs 18.95 Twin Pack 3032.00 TOTAL $19,159.30 M E M 0 R A bi II U M TO: David T. Harden~it~Manager THROUGH: Joseph Saf~c~NLEJ~ce Director FROM: Jacklyn Rooney, Senior Buyer~ DATE: September 11, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 19, 1995 - BID AWARD PHOTOGRAPHIC SUPPLIES - CITY OF BOCA RATON BID #95-071 Item.Before Commission: The City Commission is requested to apprnve the award for the purchase of various photographic supplies to Pho't~)'line Supplies, at an estimated annual cost of $19,159.30, via the City ~f Boca Raton Bid #95-071. Backqround: The City of Boca Raton is the lead agency For 'this joint Bid with the City of Delray Beach. Bids were received on June 26, 1995, from four (4) vendors, based on estimated quantities nf ~.his joint bid. A tabulation of bids is attached for your review. Photoline Supplies is the current vendor we are using from the last bid awarded ~n.1993. On August 22, 1995, the Boca Raton City Council awarded this contract to Photoline Supplies, per attached copy of I'hier consent agenda. Recommendation: Staff recommends award to Photoline Supplies at an estimated annaul cost of $19,159.30 for the City of Delrav Beach. Funding from various department's operating budget. Attachments: City of Delray Beach Estimated Annual Usage Tabulation of Bids City Of Boca Raton Consent Agenda Dated A~gu.st 22, 1995 cc: Department Heads Agenda Item No.: ~ ~ AGENDA REQUEST Date: September 17, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 23, 1997 Description of agenda item (who, what, where, how much): Request awardin§ landscape maintenance Bid #9?-40 (Atlantic Avenue Greenway Plan) to low bidder Luis Cintron Lawn Service, Inc. in the amount of $15,020. This will be funded out of account #119-4144-572-46.40. ORDINANCE/ RESOLUTION REQUIRED: YES Draft Attached: YES/NO Recommendation: Award contract for Bid #97-40 to Luis Cintron Lawn Service~ Inc. with~ompr-ehensive Plan Determination of Consistency : City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ES~ NO . , j _ Funding alternative .~~6~ ~~ ~if a~p~ic~le,), Account No. & Descript%~n: i~-.~- ~Z. q~-~0 '~2~x~'~0~ ~. Account Balance: ~%%2.q~0 4i~v~ A~ ~ City Manager Review: ~g~/~ Approved for agenda: 'E~/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved £1TY I)F I)ELAI:IY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity 1993 TO: Joe Safford, Finance Director FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Landscape Maintenance Bid #97-40 DATE: September 17, 1997 Attached please find the spreadsheet for the landscape maintenance of the Atlantic Avenue Greenway Plan (vacant lots). A total of 5 bidders bid on the areas with the apparent low bidder being N & W Lawn Service. However, their bid was withdrawn due to errors. The next low bidder was Luis Cintron Lawn Service, Inc. in the amount of $15,020. Luis Cintron Lawn Service has been doing the landscape maintenance on two beautification areas in the City, and has done a satisfactory job. I recommend the bid be awarded to Luis Cintron Lawn Service, Inc. in the amount of $15,020, and charged to account #119-4144-572-46.40. Joe ~ldon Director of Parks and Recreation Attachments cc: David Harden, City Manager Ray Eubank, Parks Superintendent Ref: jslsmain THE EFFORT ALWAYS MATTERS ~::~ ' Z.. Printed on Recycled Paper £1T¥ (IF DELRI:I¥ BEIIgH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ·407/243-7000 ~ll-~ericaCity MEMORANDUM 1993 TO: Joe Weldon, Director of Parks and Recreation FROM: Ray Eubank, Parks Superintendent(X~ SUBJECT: Landscape Maintenance Bid $$97-40 DATE: September 16, 1997 The original low bid by N & W Lawn Service was withdrawn because of errors. Luis Cintron's Lawn Service was next low bid. They are currently maintaining other areas for us and are doing a good job. I would recommend that the bid be awarded to them. RE/sb RECEIVED SEP 1 6 1997 THE EFFORT ALWAYS MATTERS Printed on Recycled Paper MEMORANDUM TO: Joe Weldon, Director of Parks And Recreation FROM: Jacklyn Rooney, Purchasing Supervisor~ ; DATE: August 26, 1997 SUBJECT: Bid ~97-40 Landscape Maintenance Atlantic Avenue Greenway Plan (Vacant Lots) Attached is the "Tabulation Of Bids" for the above mentioned subject and a copy of all bids received. The bid was advertised in the Palm Beach Post on July 23, 1997. Invitation to Bid packages were mailed to nineteen (19) vendors after the posting of the advertisement and mailing of invitations. The low bidder, N. & W. Lawn Service, Inc., has withdrew their bid per attached copy of fax dated 08/26/97, due to errors in calculations in their bid package. Please review and forward to Purchasing your award recommendations. The current contract with WK Propertities d/b/a Complete Property ServiCes expires on October 31, 1997. Attachments: RECEN£B 7 19N "' FROI~ ' IAHITAKER CLEI:~IING SEI~JICE PHONE NO. : 561 844 0940 AUG. 25 1997 10:31PM P1 CITY OF DELRAY BEACH TABUI_~TION OF BIDS BID # 97-40 LANDSCAPE MAINTENANCE o ATLANTIC AVENUE GREENWAY PLAN (VACANT LOTS) N & W LAWN LUIS CINTRON COMPLETE ITEM EST. SERVICE LAWN SVC INC PROPERTY SVC QTY. DESCRIPTION 1. 43 MOWING, WEEDING 15.00 / 245.00 / 225.00 / 645.00 10535.00 9675.00 2. TRIMMING & EDGING 5.00 / 10.00 / 60.00 / a. 43 LINE TRIMMING 215.00 430.00 2580.00 b. 22 EDGING 10.00 / 10.00 / 40.00 / 220.00 220.00 880.00 3. PRUNING a. 6 96 BOUGAINVILLEA 480.00 / 20.00 / 50.00 / 2880.00 120.00 300.00 b. 7 17 BLACK OLIVE 85.00 / 30.00 / 30.00 / 510.00 180.00 180.00 4. 43 LITTER CONTROL ** 5.00 / 10.00 / 215~00 430.00 5. CHEMICAL APPLICATIONS 100.00 / 50.00 / 50.00 / ~a. 2 TD-RF INSECTICIDE 200.00 100.00 100.00 b, c, d. N/A e. 2 TURF FERTILIZER 40.00 / 30.00 / 50.00 / BAHIA 80.00 60.00 100.00 f. 2 SHADE TREE 40.00 / 30.00 / 50.00 / FERTILIZATION 80.00 60.00 100.00 g. 2 SHRUB 40.00 / 50.00 / 50.00 / FERTILIZATION 80.00 100.00 100.00 6. 3 MULCH *** 1000.00 / 300.00 / 3000.00 900.00 GRAND TOTAL BID PRICE $4,910.00 * $15,020.00 $15,345.00 TABULATION OF BIDS CONT ..... N & W LAWN LUIS CINTRON COMPLETE SERVICE LAWN SVC INC PROPERTY SVC PRICING FOR ADDITIONAL WORK IF NEEDED: 1. SOD REPLACEMNENT PER SQ. FT. .75 2.50 .45 2. PLANT & TREE INSTALLATION LABOR PER HR/ PER MAN 10.00 25.00 20.00 3. FERTILIZING LABOR PER HR/ PER MAN 10.00 25.00 20.00 4. ADDITIONAL PERST CONTROL APPLICATION PER 50 GAL. 9.50 GAL 280.00 4.00 GAL APPLICATION PER 50 LB. 9.50 LB 280.00 4.00 LB 5. FIRE ANT CONTROL LABOR PER HR/PER MAN 10.00 25.00 20.00 COMMENTS/EXCEPTIONS ** INCLUDED EQUIPMENT IN MOWING & LISTING WEEDING SUBMITTED *** AT COST - WITH BID NO APPLICATION PACKAGE FEE. * BIDDER WITHDREW HIS BID DUE TO ERRORS. CITY OF DELRAY BEACH TABULATION OF BIDS BID # 97-40 LANDSCAPE MAINTENANCE - ATLANTIC AVENUE GREENWAY PLAN (VACANT LOTS) CENTURY DELRAY GARDEN ITEM EST. BUILDING SVC CENTER QTY. DESCRIPTION 1. 43 MOWING, WEEDING 240.00 / 250.00 / 10320.00 10750.00 2. TRIMMING & EDGING 15.00 / 15.00 / ao 43 LINE TRIMMING 645.00 645.00 b. 22 EDGING 15.00 / 15.00 / 330.00 330.00 3. PRUNING 15.00 / 15.00 / a. 6 96 BOUGAINVILLEA 90.00 / 90.00 / b. 7 17 BLACK OLIVE 20.00 / 20.00 / 120.00 120.00 4. 43 LITTER CONTROL 4.00 / 5.00 / 172.00 215.00 5. CHEMICAL APPLICATIONS 80.00 / 50.00 / a. 2 TURF INSECTICIDE 160.00 100.00 b, c, d. N/A e. 2 TURF FERTILIZER 80.00 / ~50.00 / BAHIA 160.00 100.00 f. 2 SHADE TREE 80.00 / 75.00 / FERTILIZATION 160.00 150.00 g. 2 SHRUB 80.00 / 50.00 / FERTILIZATION 160.00 100.00 6. 3 .MULCH 1160.00 / 1200.00 / 3480.00 3600.00 GRAND TOTAL BID PRICE $15,797.00 $16,200.00 TABULATION OF BIDS CONT ..... CENTURY DELRAY GARDEN BUILDING SVC CENTER PRICING FOR ADDITIONAL WORK IF NEEDED: 1. SOD REPLACEMNENT PER SQ. FT. .45 2.00 2. PLANT & TREE INSTALLATION LABOR PER HR/ PER MAN 16.00 20.00 · 3. FERTILIZING LABOR PER HR/ PER MAN 16.00 20.00 4. ADDITIONAL PERST CONTROL APPLICATION PER 50 GAL. 17.00 GAL 150.00 GAL APPLICATION PER 50 LB. 17.00 LB 11.50 LB 5. FIRE ANT CONTROL LABOR PER HR/PER MAN 25.00 25.00 COMMENTS/EXCEPTIONS EQUIPMENT LISTING SUBMITTED WITH BID PACKAGE Agenda Item No.: ~' AGENDA REQUEST Date: September 17, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 23, 1997 Description of agenda item (who, what, where, how much): Request awardin§ landscape maintenance contract for Bid #9?-39 (Homewood Blvd., Linton Blvd., 3 medians, S. Federal Highway, ConEress Ave. & water retention area> to low bidder Custom Care~ Inc. in the amount of ~63,311.06. $61,918.22 will be funded out of account #119-4144-572-46.40. $1,392.84 will be funded out of acct.#448-5411-538-34.90. ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Award contract for Bid #97-39 to Custom Care, Inc. Department Head Signature: ~C~~ Determination of Consistency omprehensive Plan: City Attorney Review/ Recommendation (if applicable Budget Director Review (required on all items involving expenditure of funds): Funding available: ~YE~/ Funding alternatives.~ ~ccount No. & D~scr~p~i~n: Account Balance:~ City Manager Review: Approved for agenda: ~/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved rlTY OF I]ELAItY BEII£H ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA .'-3444 · 437/243-7000 ,~lI-America City 1993 TO: Joe Safford, Finance Director FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Landscape Maintenance Bid #97-39 DATE: September 17, 1997 Attached please find the spreadsheet for the landscape maintenance of Homewood Boulevard, Linton Boulevard, 3 medians, South Federal Highway, Congress Avenue and the water retention area. A total of 6 bidders bid on the areas with the apparent low bidder being Custom Care, Inc. in the amount of $63,311.06. Ray Eubank and Tim Simmons met with Custom Care and B.L.C. Maintenance whose bid was only $4 higher than Custom Care's. However, Custom Care has a much larger operation, and we feel they are better equipped to provide the level of service required by the City. I recommend the bid be awarded to Custom Care, Inc. in the amount of $63,311.06. $61,918.22 will be charged to account #119-4144-572-46.40, and $1,392.84 will be charged to account #448-5411-538-34.90. Director of Parks and Recreation Attachments cc: David Harden, City Manager Ray Eubank, Parks Superintendent Ref:jslsmain THE EFFORT ALWAYS MATTERS ~inted on Recycled P~er rlTY DF I)ELAI:IY BEACH DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 4071243-7000 Ail-America City 1993 TO: Joe Weldon, Director of Parks and Recreation FROM: Ray Eubank, Parks Superintenden~) SUBJECT: Landscape Maintenance Bid #97-39 DATE: September 16, 1997 Tim and I met with both .Custom Care, Inc. and B.L.C. Lawn Maintenance. Though Custom Care was Iow bid by only $4.00 1 thought it would be a good idea to take a look at both companies. As it turned out Custom Care's operation was much larger than B.L.C.'s and were better equipped to provide the level of service required of the bid. Tim and I both feel that Custom Care, Inc. is the company to award to. RE/sb RECEIVED $£p 1 6 1997 THE EFFORT ALWAYS MATTERS Pr~nted on Recycled Paper MEMORANDUM TO: Joe Weldon, Director of Parks And Recreation FROM: Jacklyn Rooney, Purchasing Supervisor ~ DATE: August 25, 1997 SUBJECT: Bid #97-39 Landscape Maintenance - Two Areas Area #1 - Homewood Blvd., Linton Blvd., and Three Medians Area #2 - S. Federal, Congress Ave., and Water Retention Areas Attached is the "Tabulation Of Bids" for the above mentioned subject and a copy of all bids received. The bid was advertised in the Palm Beach Post on July 21, 1997. Invitation to Bid packages were mailed to twenty-four (24) vendors after the posting of the advertisement and mailing of invitations. Please review and forward to Purchasing your award recommendations. The current contract with Luis Cintron's expires on October 03, 1997. Attachments: RECEIVED CITY OF DELRAY BEACH TABULATION OF BIDS BID # 97-39 LANDSCAPE MAINTENANCE - TWO AREAS CUSTOM B.L.C. LAWN LUIS CINTRON'S ITEM EST. CARE, INC. MAINTENANCE LAWN SVC. INC. QTY. DESCRIPTION ~ #1 - (a) HOMEWOOD BLVD.(Between Linton Blvd. and Lawson Blvd.) 1. 43 MOWING, LINE 74.02 / 120.00 / 170.00 / TRIMMING & WEEDING 3182.86 5160.00 7310.00 2. 22 EDGING 49.99 / 50.00 / 60.00 / 1099.78 1100.00 1320.00 3. PRUNING 274.82 / 100.00 / 50.00 / a. 12 ~H~?BS 3297.84 1200.00 600.00 b. 12 TREES & PALMS 50.00 / 150.00 / 10.00 / 600.00 1800.00 120.00 4. 43 LITTER CONTROL 30.00 / 15.00 / 13.00 / 1290.00 645.00 559.00 5. CHEMICAL APPLICATIONS 200.00 / 200.00 / 150.00 / a. 2 TURF INSECTICIDE 400.00 400.00 300.00 b, c, d. N/A e. N/A TURF FERTILIZER BAHIA f. 1 TURF. FERT. - 169.50 / 190.00 / 180.00 / ST. AUGUSTINE 169.50 190.00 180.00 g. 2 ST. AUGUSTINE 40.00 / 200.00 / 180.00 / MEED/FEED 80.00 400.00 360.00 h. 1 ST. AUGUSTINE 80.00 / 200.00 ~ 198.00 / INSECT/FERT. 80.00 200.00 198.00 i. 2 SHADE TREE 38.00 / 210.00 / 250.00 / FERTILIZATION 76.00 420.00 500.00 j. 3 SHRUB 55.50 / 200.00 / 232.00 / FERTILIZATION 166.50 600.00 696.00 7. 3 MULCH 616.43 / 250.00 / 240.00 / 1849.29 750.00 720.00 GRAND TOTAL AREA #l(a) $12,291.77 $12,865.00 $12,863.00 CITY OF DELRAY BEACH TABULATION OF BIDS BID # 97-39 LANDSCAPE MAINTEND/qCE - TWO AREAS COMPLETE DELRAY CENTURY BUILDING ITEM EST. PROPERTY GARDEN SERVICES QTY. DESCRIPTION SVCS. CENTER ~ #1 - (a) HOMEWOOD BLVD. (Between Linton Blvd. and Lawson Blvd.) ]. 43 MOWING, LINE 170.00 / 175.00 / 182.00 / TRIMMING'& WEEDING 7310.00 7525.00 7826.00 2. 22 EDGING 30.00 / 33.00 / 39.00 / 660.00 726.00 858.00 3. PRUNING 60.00 / 60.00 / 71.00 / a. 12 SHRUBS 720.00 720.00 852.00 b. 12 TREES & PALMS 60.00 / 60.00 / 60.00 / 720.00 720.00 720.00 4. 43 LITTER CONTROL 10.00 / 10.00 / 15.00 / 430.00 430.00 645.00 5. CHEMICAL APPLICATIONS 150.00 / 200.00 / 220.00 ~ a. 2 TURF INSECTICIDE 300.00 400.00 440.00 b, c, d. N/A e. N/A TURF FERTILIZER BAHIA f. 1 TURF. FERT. - 200.00 / 150.00 / 198.00 / ST. AUGUSTINE 200.00 150.00 198.00 g. 2 ST. AUGUSTINE 200.00 / 150.00 / 198.00 / WEED/FEED 400.00 300.00 396.00 h. 1 ST. AUGUSTINE 200.00 / 200.00 / 205.00 / INSECT/FERT. 200.00 200.00 205.00 i. 2 SHADE TREE 200.00 / 250.00 / 265.00 / FERTILIZATION 400.00 500.00 530.00 j. 3 SHRUB 250.00 / 250.00 / 251.00 / FERTILIZATION 750.00 750.00 753.00 7. 3 MULCH 3Q0.00 / 250.00 / 266.00 / 900.00 750.00 798.00 GRAND TOTAL AREA #l(a) $12,990.00 $13,171.00 $14,221.00 TABULATION OF BIDS CONT ..... LANDSCAPE MAINTENDlqCE - TWO AREAS CUSTOM B.L.C. LAWN LUIS CINTRON'S ITEM EST. CARE, INC. MAINTENANCE LAWN SVC. INC. QTY. DESCRIPTION A~FO% #1 - (b) LINTON BOLFI2gVARD (Between Milita~ Trail And CSX Railroad). 1. 43 MOWING, LINE 180.55 / 390.00 / 388.00 / TRIMMING & WEEDING 7763.65 16770.00 16684.00 2. 22 EDGING 99.80 / 80.00 / 70.00 / 2195.60 1760.00 1540.00 3. PRUNING 175.00 / 150.00 / 70.00 / a. 12 SHRUBS 2100.00 1800.00 840.00 b. 12 TREES & PALMS 165.00 / 140.00 / 180.00 / 1980.00 1680.00 2160.00 c. 6 ACCENT TREES 91.77 / 140.00 / 70.00 / 550.62 840.00 420.00 4. 43 LITTER CONTROL 20.00 / 20.00 / 12.00 / 860.00 860.00 516.00 5. CHEMICAL APPLICATIONS 200.00 / 185.00 / 240.00 / a 2 TURF INSECTICIDE 400.00 370.00 480.00 b, c, d. N/A e 2 TURF FERTILIZER 156.50 / 300.00 / 375.00 / BAHIA 313.00 600.00 750.00 f 1 TURF. FERT. - 156.50 / 200.00 / 240.00 / ST. AUGUSTINE 156.50 200.00 240.00 g 2 ST. AUGUSTINE 200.00 / 300.00 / 288.00 / WEED/FEED 400.00 600.00 576.00 h 1 ST. AUGUSTINE 175.00 / 200.00 / 288.00 / INSECT/FERT. 175.00 200.00 288.00 i 2 SHADE TREE 76.00 / 185.00 / 225.00 / FERTILIZATION 152.00 370.00 450.00 j. 4 PALM TREE 28.50 / 220.00 / 225.00 / FERTILIZATION 114.00 880.00 900.00 k. 3 SHRUB 75.00 / 250.00 / 200.00 / FERTILIZATION 225.00 750.00 600.00 7. 3 MULCH 560.23 / 625.00 / 600.00 / 1680.69 1875.00 1800.00 GRAND TOTAL AREA #1(b) $19,066.06 $29,555.00 $28,244.00 3 TABULATION OF BIDS CONT ..... LANDSCAPE MAINTENANCE - TWO AREAS COMPLETE DELRAY CENTURY BUILDING ITEM EST. PROPERTY GARDEN SERVICES QTY. DESCRIPTION SVCS. CENTER ~ #1 - (b) LINTON BOULE%r~D (Between bl~litar~ Trail ~u%d CSX P~ailroad) 1. 43 MOWING, LINE 375.00 / 400.00 / 405.00 / TRIMMING & WEEDING 16125.00 17200.00 17415.00 2. 22 EDGING 75.00 / 75.00 / 83.00 / 1650.00 1650.00 1826.00 3. PRUNING 100.00 / 75.00 / 80.00 / a. 12 SHRUBS 1200.00 900.00 960.00 b. 12 TREES & PALMS 175.00 / 190.00 / 200.00 / 2100.00 2280.00 2400.00 c. 6 ACCENT TREES 80.00 / 75.00 / 100.00 / 480.00 450.00 600.00 4. 43 LITTER CONTROL 10.00 / 15.00 / 15.00 / 430.00 645.00 645.00 5. CHEMICAL APPLICATIONS 225.00 / 250.00 / 306.00 / a. 2 TURF INSECTICIDE 450.00 500.00 612.00 b, c, d. N/A e. 2 TURF FERTILIZER 375.00 / 400.00 / 460.00 / BAHIA 750.00 800.00 920.00 f. 1 TURF. FERT. - 275.00 / 250.00 / 310.00 / ST. AUGUSTINE 275.00 250.00 310.00 g. 2 ST. AUGUSTINE 300.00 / 300.00 / 315.00 / WEED/FEED 600.00 600.00 630.00 h. 1 ST. AUGUSTINE 300.00 / 300.00 / 315.00 / INSECT/FERT. 300.00 300.00 315.00 i. 2 SHADE TREE 250.00 / 250.00 / 310.00 / FERTILIZATION 500.00 500.00 620.00 j. 4 PALM TREE 225.00 / 250.00 / 260.00 / FERTILIZATION 900.00 1000.00 1040.00 k. 3 SHRUB 200.00 / 225.00 / 240.00 / FERTILIZATION 600.00 675.00 720.00 7. 3 MULCH 500.00 / 700.00 / 715.00 / 1500.00 2100.00 2145.00 GRAND TOTAL AREA #1(b) $27,860.00 $29,850.00 $31,158.00 TABULATION OF BIDS CONT ..... LANDSCAPE MAINTENANCE - TWO AREAS CUSTOM B.LoC. LAWN LUIS CINTRON'S ITEM EST. CARE INC. MAINTENANCE LAWN SVC. INC. QTY. DESCRIPTION ~ #1 - (c) THPdZE MEDID/qS ON MILIT~Y (Front of Delaiar Count~ ClX) 1. 43 MOWING, LINE 60.59 / 50.00 / 63.00 / TRIMMING & WEEDING 2605.37 2150.00 2709.00 2. 22 EDGING 6.24 / 20.00 / 18.00 / 137.28 440.00 396.00 3. PRUNING 252.88 / 45.00 / 20.00 / 12 SHRUBS 3034.56 540.00 240.00 b. 12 TREES & PALMS 63.00 / 35.00 / 24.00 / 756.00 420.00 288.00 4. 43 LITTER CONTROL 10.00 / 10.00 / 5.00 / 430.00 430.00 215.00 5. CHEMICAL APPLICATIONS 50.00 / 50.00 / 64.00 / a. 2 TURF INSECTICIDE 100.00 100.00 128.00 b, c, d. N/A e. N/A TURF FERTILIZER BAHIA f. 1 TURF. FERT. - 75.00 / 50.00 / 70.00 / ST. AUGUSTINE 75.00 50.00 70.00 g. 2 ST. AUGUSTINE 75.00 / 40.00 / 70.00 / WEED/FEED 150.00 80.00 140.00 h. 1 ST. AUGUSTINE 65.00 / 50.00 / 70.00 / INSECT/FERT. 65.00 50.00. 70.00 i. 2 SHADE TREE 57.00 / 40.00 / 60.00 / FERTILIZATION 114.00 80.00 120.00 j. 4 PALM TREE 45.00 / 25.00 / 40.00 / FERTILIZATION 180.00 100.00 160.00 k. 3 SHRUB 37.00 / 50.00 / 76.00 / FERTILIZATION 111.00 150.00 228.00 7. 3 MULCH 219.52 / 75.00 / 90.00 / 658.56 225.00 270.00 GRAND TOTAL AREA #l(c) : $ 8,416.77 $4,815.00 $5,034.00 TABULATION OF BIDS CONT LANDSCAPE MAINTENANCE - TWO AREAS COMPLETE DELRAY CENTURY BUILDING ITEM EST. PROPERTY GARDEN SERVICES QTY. DESCRIPTION SVCX CENTER ~ #1 - (c) T~{EE MED/3%NS ON MILITARY (Front of Delair Co--try ClX) 1. 43 MOWING, LINE 70.00 / 65.00 / 70.00 / TRIMMING & WEEDING 3010.00 2795.00 3010.00 2. 22 EDGING 20.00 / 20.00 / 25.00 / 440.00 440.00 550.00 3. PRUNING 25.0Q / 20.00 / 25.00 / a. 12 SHRUBS 300.00 240.00 300.00 b. 12 TREES & PALMS 30.00 / 25.00 / 30.00 / 360.00 300.00 360.00 4. 43 LITTER CONTROL 10.00 / 6.00 / 8.00 / 430.00 258.00 344.00 5. CHEMICAL APPLICATIONS 60.00 / 65.00 / ' 75.00 / a. 2 TURF INSECTICIDE 120.00 130.00 150.00 b, c, d. N/A e. N/A TURF FERTILIZER BAHIA f. 1 TURF. FERT. - 70~00 / 75.00 / 80.00 / ST. AUGUSTINE 70.00 75.00 80.00 g. 2 ST. AUGUSTINE 70.00 / 75.00 / 90.00 / WEED/FEED 140.00 150.00 180.00 h. 1 ST. AUGUSTINE 70.00 / 75.00 / 80.00 / INSECT/FERT. 70.00 75.00 80.00 i. 2 SHADE TKEE 60.00 / 60.00 / 70.00 / FERTILIZATION 210.00 120.00 140.00 j. 4 PALM TREE 45.00 / 40.00 / 50.00 / FERTILIZATION 180.00 160.00 200.00 k. 3 SHRUB 75.00 / 75.00 / 85.00 / FERTILIZATION 225.00 225.00 255.00 7. 3 MULCH 110.00 / 100.00 / 110.00 / 330.00 300.00 330.00 GRAND TOTAL AREA #l(c): $5,795.00 $5,268.00 $5,979.00 TABULATION OF BIDS CONT ..... LJINDSCAPE M3tINTENANCE - TWO AREAS CUSTOM B.L.C. LAWN LUIS CINTRON'S ITEM EST. CARE INC. MAINTENANCE LAWN SVC. INC. QTY. DESCRIPTION GP,/%IqD TOTAL BID PRICE FORA i~F~A #1 (a), (b) , (c) : $39,774.60 $47,235.00 $46,141.00 PRICING FOR ADDITIONAL WORK IF NEEDED: 1o SOD REPLACEMENT SQ. FT~ P~ICE .45 3.50 3.00 2. PLANT & TREE INSTALLATION 21.00 20.00 23.00 LABOR PER/HR PER/MAN 3. FERTILIZING LABOR PER HR 21.00 18.00 23.00 PER MAN 4. ADDITIONAL PEST CONTROL PER APPLICATION PER 50 GAL. 50.00 190.00 298.00 PER 50 LB. 9.00 180.00 290.00 5. FIRE ANT CONTROL LABOR PER HR 21.00 18.00 26.00 PER MAN COMMENTS/EXCEPTIONS TABULATION OF BIDS CONT LANDSCAPE MAINTENANCE - TWO AREAS COMPLETE DELR. AY CENTURY BUILDING ITEM EST. PROPERTY GARDEN SERVICES QTY. DESCRIPTION SERVICES CENTER G~3~NI) TOTAL BID PRICE FORA~RF_J~ #1 (a) , (b) , (c) ~ $46,645.00 $48,289.00 $51,358.00 PRICING FOR ADDITIONAL WORK IF NEEDED: 1. SOD REPLACEMENT SQ. FT. PRICE ~45 2.00 3.50 2. PLANT & TREE INSTALLATION 20.00 20.00 21.00 LABOR PER/HR PER/MAN 3. FERTILIZING LABOR PER HR PER MAN 20.00 20.00 21.00 4. ADDITIONAL PEST CONTROL PER APPLICATION PER 50 GAL. 4.00 GAL 150.00 5.00 PER 50 LB. 4.00 LB 1150.00 5.00 5. FIRE ANT CONTROL LABOR PER HR PER MAN 20.00 25.00 25.00 COMMENTS/EXCEPTIONS TABULATION OF BIDS LANDSCAPE MAINTENANCE - TWO AREAS CUSTOM B.L.C. LAWN LUIS CINTRON' S ITEM EST. CARE, INC. MAINTENANCE LAWN SVC. INC. QTY. DESCRIPTION ~ #2 - (a) SOUTH ~EDE~%L HIG~%L~Y (Between Linton Blvd. & C-15 1. 24 WEED CONTROL 59.88 / 75.00 / 88.00 / SHRUB BEDS 1437.12 1800.00 2112.00 2. PRUNING 387.57 / 75.00 / 70.00 / a. 12 SHRUBS 4650.84 900.00 840.00 b. 12 TREES & PALMS 34.13 / 80.00 28.00 / 409.56 960.00 336.00 c. 6 ACCENT TREES 68.25 / 25.00 30.00 / 409.50 150.00 180.00 3. 24 LITTER CONTROL 10.00 / 15.00 10.00 / 240.00 360.00 240.00 4. CHEMICAL APPLICATIONS a, b, c N/A d. 3 PALM TREE 28.50 / 75.00 80.00 / FERTILIZATION 85.50 225.00 240.00 e. 3 SHRUB 24.50 / 75.00 / 80.00 / FERTILIZATION 73.50 225.00 240.00 5. 3 MULCH 810.45 / 450.00 / 370.00 / 2431.35 1350.00 1110.00 GRAND TOTAL AREA #2(a) $9,737.37 $5,970.00 $5,298.00 TABULATION OF BIDS LANDSCAPE MAINTENANCE - TWO AREAS COMPLETE DELRAY CENTURY BUILDING ITEM EST. PROPERTY GARDEN SERVICES QTY. DESCRIPTION SERVICES CENTER AREA #2 - (a) SOUTH FEDERAL HIGH,lAY (Between Linton Blvd. & C-15 Canal) 1. 24 WEED CONTROL 90.00 / 90.00 / 95.00 / SHRUB BEDS 2160.00 2160.00 2280.00 2. PRUNING 75.00 / 75.00 / 75.00 / a. 12 SHRUBS 900.00 900.00 900.00 b. 12 TREES & PALMS 30.00 / 30.00 / 36.00 / 360.00 360.00 432.00 c. 6 ACCENT TREES 30.00 / 30.00 / 35.00 / 180.00 180.00 210.00 3. 24 LITTER CONTROL 10.00 / 15.00 / 15.00 / 240.00 360.00 360.00 4. CHEMICAL APPLICATIONS a, b, c N/A d. 3 PALM TREE 90.00 / 75.00 / 86.00 / FERTILIZATION 270.00 225.00 258.00 e. 3 SHRUB 90.00 / 90.00 / 90.00 / FERTILIZATION 270.00 270.00 270.00 5. 3 MULCH 500.00 / 400.00 / 435.00 / 1500.00 1200.00 1305.00 GRAND TOTAL AREA #2(a) $5,880.00 $5,655.00 $6,015.00 10 TABULATION OF BIDS CONT ..... LANDSCAPE MAINTENANCE - TWO AREAS CUSTOM B.L.C. LAWN LUIS CINTRON'S ITEM EST. CARE INC. MAINTENANCE LAWN SVC. INC. QTY. DESCRIPTION ~ #2 - (b) CONGP~ESS A~N73E (Between Lake Ida ~d Linton Blvd.) 1. 24 WEED CONTROL 121.13 / 145.00 / 250.00 / SHRUB BEDS 2907.12 3480.00 6000.00 2. PRUNING 330.24 / 75.00 / 323.00 / a. 12 SHRUBS 3962.88 900.00 3876.00 b. 12 TREES & PALMS 63.00 / 40.00 / 90.00 / 756.00 480.00 1080.00 c. 6 ACCENT TREES 126.00 / 25.00 / 88.00 / 756.00 150.00 528.00 3. 24 LITTER CONTROL 15.00 / 10.00 / 10.00 / 360.00 240.00 240.00 4. CHEMICAL APPLICATIONS a, b, c N/A d. 3 SHADE TREE 75.00 / 75.00 / 85.00 / FERTILIZATION 225.00 225.00 255.00 e. 3 PALM TREE 45.00 / 75.00 / 85.00 / FERTILIZATION 135.00 225.00 255.00 f. 3 SHRUB 74.00 / 90.00 / 75.00 / FERTILIZATION 222.00 270.00 225.00 5. 3 MULCH 1026.75 / 500.00 / 100.00 / 3080.25 1500.00 2100.00 GRAND TOTAL AREA ~2(b) $12,404.25 $ 7470.00 $14,559.00 11 TABULATION OF BIDS CONT ..... LANDSCAPE MAINTENANCE - TWO ARE~ COMPLETE DELRAY CENTURY BUILDING ITEM EST. PROPERTY GARDEN SERVICES QTY. DESCRIPTION SVCS, CENTER ~ #2 - (b) CONGP~ESS AVEN--~E (Between Lake Ida And Linton Blvd.) 1. 24 WEED CONTROL 225.00 / 250.00 / 262.00 / SHRUB BEDS 5400.00 6000.00 6288.00 2. PRUNING 350.00 / 325.00 / 340.00 / a. 12 SHRUBS 4200.00 3900.00 4080.00 b. 12 TREES & PALMS 90.00 / 90.00 / 95.00 / 1080.00 1080.00 1140.00 c. 6 ACCENT TREES 95.00 / 90.00 / 105.00 / 570.00 540.00 ~30.00 3. 24 LITTER CONTROL 10.00 / 15.00 / 15.00 / 240.00 360.00 360.00 4. CHEMICAL APPLICATIONS a, b, c N/A d. 3 SHADE TREE 100.00 / 75.00 / 105.00 / FERTILIZATION 300.00 225.00 315.00 3 PALM TREE 100.00 / 80.00 / 95.00 / FERTILIZATION 300.00 240.00 285.00 f. 3 SHRUB 100.00 / 80.00 / 90.00 / FERTILIZATION 300.00 240.00 270.00 5. 3 MULCH 850.00 / 750.00 / 785.00 / 2550.00 2250.00 2355.00 GRAND TOTAL AREA #2(b) $14,940.00 $14,835.00 $15,723.00 12 TABULATION OF BIDS CONT ..... LANDSCAPE MAINTENANCE - TWO ;LREAS CUSTOM B.L.C. LAWN LUIS CINTRON'S ITEM EST. CARE, INC. MAINTENA/~CE LAWN SVC. INC. QTY. DESCRIPTION ~ #2 - (c) WATER RETENTION ~ (Lake Ida i~nd S.W. 10t_h Ave. 1. 12 MOWING & LINE 100.00 / 200.00 / 196.00 / TRIMMING & WEEDING 1200.00 2400.00 2352.00 2. 12 LITTER CONTROL 16.07 / 20.00 / 13.00 / 192.84 240.00 156.00 GRAND TOTAL AREA #2(c) : $ 1,392.84 $ 2,640.00 $2,508.00 GRA/qD TOTi~L BID PRICE FOR ~ #2 $23.536.46 $16,080.00 $22,365.00 (a) , (b) , (c) : PRICING FOR ADDITIONAL WORK IF NEEDED: 1. SOD REPLACEMENT SQ. FT. PRICE .45 3.50 3.00 2. PLANT & TREE INSTALLATION 21.00 20.00 25.00 LABOR PER/HR PER/MAN 3. FERTILIZING LABOR PER HR 21.00 18.00 20.00 PER MAN 4. ADDITIONAL PEST CONTROL PER APPLICATION PER 50 GAL. 50.00 190.00 280.00 PER 50 LB. 9.00 180.00 280.00 5. FIRE ANT CONTROL LABOR PER HR 21.00 18.00 28.00 PER MAN COMMENTS/EXCEPTIONS EQUIPMENT LISTING SUBMITTED WITH BID PACKAGE GRAND TOT/~L BID PRICE i~=D, F2%'S #1 (A,B,C,)'A/gI) i~/~F.;%'S #2 (A,B,C,) $63,311.06 $63,315~00 $68,506.00 13 TABULATION OF BIDS CONT ..... LANDSCAPE MAINTENANCE - TWO AREAS COMPLETE DELRAY CENTURY BUILDING ITEM EST. PROPERTY GARDEN SERVICES QTY. DESCRIPTION SERVICES CENTER ~ #2 - (c) WATER RETENTION A I~EAS (Lake Ida Road And S.W. 10th Ave.) 1. 12 MOWING & LINE 200.00 / 200.00 / 205.00 / TRIMMING & WEEDING 2400.00 2400.00 2460.00 2. 12 LITTER CONTROL 10.00 / 15.00 / 15.00 / 120.00 180.00 180.00 GRAND TOTAL AREA #2(c) : $2.520.00 $2,580.00 $2,640.00 GRAND TOTAL BID PRICE FOR A/~_J~ #2 $23,340.00 $23,070.00 $24,378.00 (a), (b), (c): PRICING FOR ADDITIONAL WORK IF NEEDED: 1. SOD REPLACEMENT SQ. FT. PRICE .45 2.00 3.50 2. PLANT & TREE INSTALLATION 20.00 20.00 21.00 LABOR PER/HR PER/MAN 3. FERTILIZING LABOR PER HR 20.00 20.00 21.00 PER MAN 4. ADDITIONAL PEST CONTROL PER 4.00 GAL 150.00 5.00 APPLICATION PER 50 GAL. PER 50 LB. 4.00 LB 11.50 5.00 5. FIRE ANT CONTROL LABOR PER HR PER MAN 20.00 25.00 25.00 COMMENTS/EXCEPTIONS EQUIPMENT EQUIPMENT LISTING LISTING SUBMITTED SUBMITTED WITH BID WITH BID PACKAGE PACKAGE GP~/qD TOTAL BID PRICE ARF_J~'S #1 (A,B,C,) A/qD Ai~EA'S #2 (A,B,C,) $69,985.00 $71,359.00 $75,736.00 Agenda Item No.: AGENDA REQUEST Date: September 17, 1997 Request to be placed on:. Consent XX R~{~ Agenda Special Agenda Workshop Agenda When: September 23~ 1997 Description of agenda item (who, what, where, how much): Bid Award - Bid #97-26 - DiLoreto & Sons, Inc., for snack machin~ vending service. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to DiLoreto & Sons, Inc., for snack machine vendinE service for various locations within the City of Delray Beach. Department Head Signature: ~etermination of Consistency with/C~p~-e~e--nsive Pi~: City Attorney Review/ Recommendation (if applicable): Budget Director Review (rec[u~red on all items involving expenditure of funds): Funding available: ('Y~S] NO Funding alternative -sk~.,w (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda~: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: Jacklyn ~__P~rchasing Superviso~ THROUGH: Joseph Saf~nance Director DATE: September 17, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING SEPTEMBER 23, 1997, BID AWARD - BID ~97-26 SNACK MACHINE VENDING SERVICE Item Before Commission: The City Commission is requested to approve award to DiLoreto & Sons, Inc. for snack machine vending services. Background: On June 03, 1997, the Commission approved the cancellation of the current contract for snack vending service with DiLoreto & Sons, Inc. and authorized staff to solicit bids for this service. Bids were received on August 12, 1997, from five (5) vendors, all in accordance with City purchasing procedures. (Bid #97-26. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. A bid analysis / evaluation was done based on a quantity of 1,000 units per each snack item, using the vendor's commission to City submitted in their bid packages. As a result of this analysis, evaluation of bids received, and vendor's current performance, staff is recommending award to DiLoreto & Sons, Inc. (See attached memo dated August 27, 1997.) Recommendation: Staff recommends award to the DiLoreto & Sons, Inc. for snack machine vending service based on highest commission revenue to the City. Attachments: Bid Evaluation Tabulation of Bids Memo Dated August 27, 1997 mm ~ ~ ~ Z m mo ooooooo g° z ~o ~o ooooooo ~ 0 oo~oo ~ ~ z ~ - ooo 0000000 °°°°°°° ° CITY OF DELRAY BEACH TABULATION OF BIDS BID #97-26 SNACK MACHINE VENDING SERVICE AUGUST 12, 1997 DILORETO & LANCE, INC. VENDING BEAR VENDOR: SONS, INC. INC. STATEMENT OF PROFIT THAT CITY WILL RECEIVE PER UNIT SOLD: SELLING PRICE / AND COMMISSION TO CITY: CANDY .65 / 20% .60 / 20% .60 / 20% (CHOCOLATE) CRACKERS .50 / 20% .50 / 20% .50 / 20% PASTRIES .65 / 20% .50 & .60 / 20% .75 / 20% GUM & MINTS .50 / 20% .50 & .60 / 20% .40 / 20% HEALTHY TYPE .65 / 20% .50 / 20% .65 / 20% MICROPOP .65 / 20% .60 / 20% .65 / 20% CHIPS & BAGGED .50 / 20% .50 / 20% .50 / 20% SNACKS CAN PRODUCT PRICE BE SET BY THE CITY NO NO YES MONEY SHALL BE COLLECTED BY VENDOR YES YES YES WILL CITY HAVE INPUT TO SNACK SELECTION YES YES YES VENDING MACHINES TO BE FILLED DILORETO SALES NEIL BAUCH BY & SONS REPRESENTATIVE OWNER/PRESIDENT OF VENDING BEAR RESPONSE TIME WITHIN 24 HOURS 12 HOURS 24 HOURS OR FOR SERVICE ON WEEKDAYS, LESS 48 HOURS WEEKENDS PROPOSED TIME OF TO BE PAID MONTHLY BY THE ON THE 15TH PAYMENT OF CITY'S TO CITY. 15TH OF THE OF EACH MONTH COMMISSION COMMISSION TO BE FOLLOWING OR THE NEAREST MAILED BY 15TH MONTH BUSINESS DAY OF EACH MONTH. TABULATION OF BIDS CONT ............ DILLORETO & LANCE, INC. VENDING BEAR VENDOR: SONS, INC. INC. INSTALLATION TO 14 CALENDAR 30 CALENDAR 21 CALENDAR TAKE PLACE DAYS DAYS DAYS AFTER ACCEPTANCE BY CITY YOUR POLICY WITH WILL SET UP A SALES yep WILL MONEY SHALL BE RESPECT TO REFUND BANK AT REPLACE PRODUCT REFUNDED TO SHORTAGES VARIOUS LOCATIONS OR LOST MONEY DESIGNATED THAT CAN REFUND PERSON AT EACH MONEY LOST LOCATION ON BY A CUSTOMER NEXT DELIVERY DATE. SPECI~kL TERMS DILORETO & SONS INC AND CONDITIONS WILL PLACE ADDITIONAL EQUIPMENT AT MUTUALLY AGREED LOCATIONS. DILORETO LOOKS FOR A MINIMUM AVERAGE SALES OF $50 WEEKLY PER VENDOR (THIS HELPS TO ENSURE FRESHNESS) COMMENTS / ACKNOWLEDGED ACKNOWLEDGED ACKNOWLEDGED EXCEPTIONS RECEIPT OF RECEIPT OF RECEIPT OF JkDDENDUM #1 ADDENDUM #1 ADDENDUM #1 SERVICED AS FOOD PRODUCTS WHOLESALE NEEDED -LANCE, INC., DISTRIBUTORS DEPENDING ON & M & M MARS. SUCH AS BUT NOT THE VOLUME. VENDOR RETAIL LIMITED TO SVC. COULD BE PRICE LIST D.C. VENDING, DAILY, WEEKLY, INCLUDED IN FRITO LAY, OR BI-WEEKLY BID PACKAGE. COSTCO, SAMS, DILORETO USES SCHEDULE OF VENDING CENTER. ALL NATIONAL SERVICE AS SERVICE 2 TIMES NAME BRAND NEEDED. PER WEEK UNLESS SNACKS. FRITO LOCATION LAY, HERSHEY, REQUIRES MORE M&M MARS, LEAF, OFTEN. AUSTIN, LANCE, COOKIES AT .60 KEEBLER, 20% COMM. NABISCO CITY OF DELRAY BEACH TABULATION OF BIDS BID #97-26 SNACK MACHINE VENDING SERVICE AUGUST 12, 1997 AMERICAN VISTA VENDING SERVICES VENDOR: VENDING, INC. OF FLORIDA STATEMENT OF PROFIT THAT CITY WILL RECEIVE PER UNIT SOLD: SELLING PRICE / AND COMMISSION TO CITY: CANDY .55 / 16% .60 / 4% (CHOCOLATE) CRACKERS .50 / 16% .50 / PASTRIES .65 / 16% .70 / 4% GUM & MINTS .45 / 16% .45 / 4% HEALTHY TYPE .65 / 16% .60 / 4% MICROPOP .75 / 16% .75 / 4% CHIPS & BAGGED .65 / 16% .50 / 4% SNACKS (CHIPS) .50 / 16% CAN PRODUCT PRICE BE SET BY THE CITY NO NO MONEY SHALL BE COLLECTED BY VENDOR YES YES WILL CITY HAVE INPUT TO SNACK SELECTION YES YES VENDING MACHINES ROUTE ATTENDANT ROUTEMAN TO BE FILLED EMPLOYED BY BY AMERICAN VISTA VENDING INC. RESPONSE TIME WEEKDAYS USUALLY USUALLY FOR SERVICE LESS THAN 8 WITHI~ THE HOURS HOUR PROPOSED TIME OF COMMISSION TO BE MONTHLY PAYMENT OF CITY'S PAID MONTHLY BY COMMISSION THE 20TH DAY OF MONTH FOLLOWING CLOSE OF THE REPORTING MONTH 3 TABULATION OF BIDS CONT ............ AMERICAN VISTA VENDING SERVICES VENDOR: VENDING, INC. OF FLORIDA INC. INSTALLATION TO 7 CALENDAR 20 CALENDAR TAKE PLACE DAYS DAYS AFTER ACCEPTANCE BY CITY YOUR POLICY WITH AMERICAN VISTA WE USE ALL DIGITAL RESPECT TO VENDING WILL ELECTRONIC EQUIPMENT SHORTAGES ESTABLISH A $50 AND SHORTAGES OF REFUND BANK AT ANY SIGNIFIANCE ARE CONVENIENT VERY RARE. WE CAN LOCATIONS TO SERVE ALMOST ALWAYS TRACE STAFF & VISTORS. THEM TO HUMAN ERROR. A REFUND SLIP TO TO BE FILLED OUT. SPECIAL TERMS SCHEDULE #1 INCLUDED AND CONDITIONS INCLUDED IN BID PACKAGE LISTING ALL PRODUCTS AVAILABLE COMMENTS / ACKNOWLEDGED ACKNOWLEDGED EXCEPTIONS RECEIPT OF RECEIPT OF ADDENDUM #1. ADDENDUM #1. ROUTE ATTENDANTS ALL FRITO-LAY AVAILABLE CHIPS & CRACKERS, BY PAGER. LANCE CRACKERS, AMERICAN VISTA M &M MARS CANDY VENDING ORDERS PRODUCTS, NESTLE' ALL PRODUCTS, AND HERSHEY SUCH AS SNACKS, CHOCOLATE PRODUCTS, CANDY, PASTRY FROM DOLLY MADISON FINEST NATIONAL PASTRIES, WRIGLEYS PRODUCT PROVIDERS. GUM, BEECI-hNTJT MINTS CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - SEPTEMBER 23, 1997 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING: 8.L.?. Bid award in the estimated annual cost of $68,544 to Praxair, Inc. via City of West Palm Beach for CO2 Carbon Dioxide, with funding from 441-5122-536-52.21. Agenda Item No.: AGENDA REQUEST Date: September 22, 1997 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: September 23, 1997 Description of agenda item (who, what, where, how much): BidRenewal- C02/Carbon Dioxide - Award to Fraxair~ Inc. at a total estimated annual cost of $68,544.00, via City of West Palm Beach Bid#94/95-75. . Funding from account #441-5122-536-52.21. ORDINANCE/ RESOLUTION REQUIRED: ,YES/NO Draft Attached: YES/NO Recommendation: Award to Praxair, Inc., at an estimated annual cost of $68~544.00~ via The City of West Palm Beach Bid#94/95-75. Funding from account #441-5122-536-52.21. Department Head Signature:'~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): ~ Funding available: ~NO ~ ~Z~ Funding alternative .~ ~ (if applicable) Account No. & Descript.ipn: Account Balance: City Manager Review: Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: - Action: Approved/Disapproved MEMORANDUM TO: David Harden, City Manager FROM: K. Butler, Buyer ~ THROUGH:~ J~oseph Safford, Finance Director DATE: September 22, 1997 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - SEPTEMBER 23, 1997 - BID RENEWAL AWARD C02 - CARBON DIOXIDE - TERM CONTRACT Item Before Commission: The City Commission is requested to approve the one year renewal of the above referenced subject to Praxair, Inc., at an estimated annual cost of $68,544.00, via The City of West Palm Beach Bid #94/95-75. Background: The City of West Palm Beach is lead entity in this joint bid with the City of Delray Beach. The City of West Palm Beach will be excercising its renewal option which will begin the third year of a three year contract. The Manager of Water Treatment Plant recommends the one year renewal to Praxair, Inc., see attached memo dated September 19, 1997. Recommendation: The Purchasing Staff concurs with the recommendation to the one year renewal with Praxair, Inc., at an estimated annual cost of $68,544.00. Funding from account number #441-5122-536-52.21. Attachments City of West Palm Beach Renewal Letter Memo To Manager of Water Treatment Plant Commission Agenda Dated October 10, 1995 cc: Don Haley, Manager of Water Treatment Plant agenda, doc +40724~?~ CITY OF DELSEY BE~CH 588 P0~/0~ SEP ~9 '97 ~4:24 MEMORANDUM TO: Don Halcy, Manager of Water Treatment Plant FROM: K. Butler, Buyer DATE: September 19, 1997 SUBSECT: Carbon Dioxidc Thc current contract for the purclms~ of C02 - Carbon Dioxide - expires September 30, ] 997, via thc City of Wcst Palm Beach Bid #94/95-75. The City of West Palm Beach has renewed the contract for Carbon Dioxide to Praxair for thc 1997/1998 fiscal ycar. (please s~e attached) If you agree plea.sc sigr~ below arid return to Purchasing. (name) ~ (date) SEP-19-1997 09:49 CITY,tdEST PALM BEACH 561 835 0028 P.O1 PURCIL4S~G DMSION .C'~ I045 Charlotte Avenue West Palm Beach, FL 33401 Oty Office: 561 / 659-8036 Fax: 56I / 835-0028 o/ "l. CBeach "The Orchid City~ September 15, 1997 Re: Renewal of Sealed Bid # 94/95-75 To All Co-Op Agencies: The City of West Palm Beach has renewed the contract for Carbon Dioxide to Praxair for the I997/1998 fiscal year. The price of $126.00 per ton will remain the same. This is the third year of a three year contract. The awarded vendor is: Praxair P.O. Box 651287 Charlotte, NC 28265-1287 (713) 298-5600 Please call me at the above number if you have any questions. Sincerely, eh~iinl ~ Agent cc: Co-Op Members File TOTAL P.O1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 23, 1997 CONDITIONAL USE REQUEST/KIDS KINGDOM OF PALM BEACHES, INC. DATE: SEPTEMBER 19, 1997 This is before the Commission to consider a request for condi- tional use approval to allow the establishment of a child care facility (Kids Kingdom of Palm Beaches, Inc.) within Lake Ida Plaza, a shopping center located at the southwest corner of Lake Ida Road and Congress Avenue. The subject property is zoned PC (Planned Commercial) District. The request is to establish a 5,100 sq.ft, child care facility, a 5,744 sq.ft, outdoor play area, and a drop off area to the rear of the facility. At its meeting of September 15, 1997 the Planning and Zoning Board voted 6-0 to recommend that the request be approved subject to the following conditions: (1) That a site plan modification be processed addressing the items listed under the section of the staff report entitled "Compliance with the LDRs", (2) that the loading area for the former Winn Dixie be relocated to the north end of the bay, and (3) that drop-off and pick-up to the child care facility be from the rear of the shopping center. Recommend approval of the conditional use request based on positive findings with respect to policies of the Comprehensive Plan, Chapter 3 (Performance Standards), and Section 2.4.5(D) (5) of the Land Development Regulations subject to the conditions outlined in the attached materials. TO: DAVID T. HARDEN (~['Y MANAGEI~ FROM: ' J~IET I~EKS~~'~'/~"~ '-'~/~'~'/-"~SENIOR PLANNER SUBJECT: SEPTEMBER 23, 1997 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A CHILD CARE CENTER AT LAKE IDA PLAZA KNOWN AS KIDS KINGDOM. OF PALM BEACHES. INC. The action requested of the City Commission is that of approval of a Conditional Use request to establish a child care center known as Kids Kingdom of Palm Beaches, Inc. at Lake Ida Plaza pursuant to LDR Section 2.4.5(E). Lake Ida Plaza is located at the southwest corner of Lake Ida Road and Congress Avenue. :. :.:.:.:.:.:. :.:.:. :.:::.::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::.::i::.:. :.:::: :::. ::::~:i::'::!:;:::::::::'::::i:i:i:i:i:i:i:i:i:i:!::T:i:i:i:!;!:!:!:~:!: ~:i:i:i:i:i:~:i:i:i:i:i:i:i :i:i:i:i:!:! :;: !ti :~:i:!:i:i:~:i:i:i:::::::::::::::::::::::::::::::::::::::::: ~:i:!:i:i:i:i:i:i:i:i:i:i:i:~:i:i:i:i:i:i:i:i:i:i:i:i:i The conditional use request is to establish a 5,100 square foot child care facility within Lake Ida Plaza. A 5,744 square foot outdoor play area and a drop-off area is to be located to the rear of the center. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. At its meeting of September 15, 1997, the Planning and Zoning Board held a public hearing in conjunction with review of the Conditional Use request. There was no public testimony. After reviewing the staff report, the Board revised the recommended conditions of approval to provide additional flexibility in the hours of operation and the maximum capacity. The Board voted 6-0 (Carbone absent) to recommend that the Conditional Use request be approved, based upon positive findings with respect to policies of the Comprehensive Plan, Chapter 3 (Performance Standards), and Section 2.4.5(D)(5) of the Land Development Regulations subject to the following conditions. City Commission Documentation Meeting of September 23, 1997 Conditional Use Request for Kids Kingdom of Palm Beaches, Inc., a Child Care Facility Page 2 By motion, approve the Conditional Use request for Kids Kingdom of Palm Beaches, Inc., a child care facility to be established at Lake Ida Plaza based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a site plan modification be processed addressing the items listed under the section of the staff report entitled "Compliance with the LDRs". 2. That the loading area for the former Winn Dixie be relocated to the north end of the bay. 3. That drop-off and pick-up to the child care facility be from the rear of the shopping center. Attachments: · P&Z Staff Report and Documentation of September 15, 1997 · Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 15, 1997 iAGENDA ITEM: V.E. ITEM: Conditional Use Request to Allow the Establishment of a Child Care Facility for Kids Kingdom of Palm Beaches, Inc., within the Lake Ida Shopping Center, Located at the Southwest Corner of Lake Ida Road and Congress Avenue. ~ ,~, ~ I~1,~ -~1.~ ill ~ Il I ~~, GENERAL DATA: Owner ................................................. Dan & Frank Navilio Applicant ............................................ MDN Lake Ida, Inc. Agent .................................................. Kimberly King Location .............................................. Southwest corner of Lake Ida Road and Congress Avenue Property Size ...................................... 8 Acres Future Land Use Map ......................... General Commercial Current Zoning ................................... PC (Planned Commercial) Adjacent Zoning ........................ North: CF (Community Facilities) & PRD (Planned Residential) East: PCC (Planned Commerce Center) South: RM-8 (Medium Density Residential-8 units per acre) West: RM-8 Existing Land Use .............................. Shopping Plaza Proposed Land Use ............................ Conditional Use request to allow the establishment of a child care facility within a shopping center. Water Service ..................................... Existing on site. Sewer Service ..................................... Existing on site. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a child care facility known as Kids Kingdom of Palm Beaches, Inc. at Lake Ida Plaza pursuant to LDR Section 2.4.5(E). Lake Ida Plaza is located at the southwest corner of Lake Ida Road and Congress Avenue. The subject property involves Lake Ida Plaza which was annexed into the City in 1988 via Ordinance 125-88. The parcel was zoned GC (General Commercial) until it was rezoned to PC (Planned Commercial) with the Citywide rezonings associated with the approval of the Land Development Regulations in 1990. Lake Ida Plaza was in foreclosure and was recently purchased by MDN, Lake Ida, Inc. At its meeting of May 28, 1997, the Site Plan Review and Appearance Board approved facade changes to the structure and those renovations are currently in process. The conditional use request is to establish a child care facility within Lake Ida Plaza. The site contains a 77,976 square feet structure, 400 parking spaces and associated landscaping. The development proposal consists of the following: Converting three retail bays consisting of approximately 5,100 square feet into a child care facility; Provision of 5,744 square feet of outdoor play area to the rear of the shopping center, which will require the removal of existing asphalt/concrete and replacement with landscape materials; Addition of a 6' high chain link fence around the outdoor play area; Elimination of approximately 10 parking spaces along the rear (west) property line; and Relocation of an existing dumpster. Planning and Zoning Board L ",)Report Conditional Use Approval - Kids Kingdom of Palm Beaches, Inc. Page 2 The applicant has indicated that there will be 75 children ranging in age from infants up to 5 years and approximately 17 employees. Hours of operation will be Monday - Friday 6:30 a.m. to 6:00 p.m. · ~ ~ :::: :: ::: :~ :::~.::: :: ~ :~-~: ::::: ~:~ ~ ::: :::::.":~.'.:::::: i:~ :::: ~ ::: ::::: ~ ~:::~ ~: :: .':: .l:.'.~:_~: ~ .~:~: ~. ~: .:.' ~ ~:~:: :~ ::'~-.:~.-'.'.':~ i~ ~ ~J~ ~."~J::::::~-~ ~--:~":' :-~-~:&~': :: ~ ~::: :::~ "":~::--~::-' :: ~ '¢ :~!~ ~ .~ ::'-'~'~::::: :'?~::: :::~ '~::~"./.~ ~:~:: ::' ::: ¢: './' ~ :::¢ > 8 ~ ~:::: :: ~::! REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.~.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of General Commercial and a zoning designation of PC (Planned Commercial). The zoning district is consistent with the General Commercial land use map designation and "child care facilities" are listed as a Conditional Use in the PC district [LDR Section 4.4. (D)( 5)]. CONCURRENCY; Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupahcy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: [3 Water service exists to the bays being occupied by the child care facility via a service lateral connection to an existing 8" main located along the west property line. No water main extensions or upgrades are required with this development proposal. Sewer service exists to the bays being occupied by the child care facility via a service lateral connection to an existing 8" main located along the western property line. No sewer main extensions or upgrades will be required of this development. Planning and Zoning Board L .')Report Conditional Use Approval - Kids Kingdom of Palm Beaches, Inc. Page 3 The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. At the time of approval of the Comprehensive Plan, the site consisted of an existing shopping center. The retail bays in which the child care facility is to be located currently contain two restroom facilities. The addition of a child care use to the center with the addition of two more restroom facilities will have a minimal impact on water and sewer demands as it relates to this level of service standard. Drainage: Paving and drainage plans are not required for the conditional use analysis. The area to the rear of the structure currently contains no pervious area. The development proposal calls for elimination of 5,744 square feet of paved area and installation of landscaped area, therefore any impact on site drainage will be a positive one. Streets and Traffic: A traffic impact statement was submitted indicating that the trip generation is based on the existing and proposed uses. The net increase in trip generation with the change in use from retail to child care is 146 average daily trips. Lake Ida Road is over capacity between Congress Avenue and Military Trail. The traffic statement indicates that a 20% distribution on this link would result in 29 daily trips which is less than 1% of the additional 5% of capacity permitted by the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. 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 retail use would generate 10.2 pounds of solid waste per square foot per year and a child care facility (school) would generate 10.7 pounds of solid waste per square foot per year. The net increase is approximately one ton of solid waste per year which can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.$(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning and Zoning Board Report Conditional Use Approval - Kids Kingdom of Palm Beaches, Inc. Page 4 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable policies were found. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property (Lake Ida Plaza) is bordered by RM-8 zoning district to the south and west, PRD (Planned Residential Development) and CF (Community Facilities) to the north, and PCC (Planned Commerce Center) to the east. The existing land uses to the south and west is a multiple family development known as Water's Edge which is currently under construction. To the north is Rainberry Lakes, a single family subdivision and the Alzheimer facility, and to the east across from Congress Avenue is a vacant parcel of land. The child care center is to be located within an existing shopping center. The retail bays to be occupied by the child care center are situated in the middle of the center on the south side of the former Winn Dixie grocery store. The pick-up/drop-off and playground areas are to be located to the rear of the center. No access to the day care center will be provided from the front of the shopping center. Therefore, the potential for traffic congestion and conflicts with other retail patrons will be minimal or none. The sketch plan does not provide enough detail to determine what impacts the drop-off area will have on the loading area for the former Winn Dixie. This item can further be addressed with site plan approval. Some noise from the playground area may filter over to the Water's Edge development, however those residential structures will be located approximately 300' from the property line and will be further buffered by a large lake and substantial landscaping. The addition of landscaping within the playground area will help to soften the rather unattractive rear facade of the center and provides additional visual relief to the apartment buildings. In April of 1990, the City approved a Conditional Use for a Tutor Time Child Care at a small shopping center located at the southeast corner of Lake Ida Road and Davis Road. The design of that child care facility is similar to the one being proposed at Lake Ida Plaza with the access, pick-up/drop-off area, and playground area situated to the Planning and Zoning Board '..)[f Report Conditional Use Approval - Kids Kingdom of Palm Beaches, Inc. Page 5 rear of the center. Staff is unaware of any problems or impacts of that facility on adjacent properties or with the other retail uses. 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: In conjunction with the Conditional Use request a sketch plan was submitted which has been reviewed by staff. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following "Items of Concern" have been identified. LDR Chapter 4.3.3(E) Special Requirements for Specific Uses Child Care Facilities: Pursuant to LDR Section 4.3.3(E), child care facilities are to have a minimum lot area of 7,500 square feet, a minimum floor area of 35 square feet per child, outdoor play area of 75 square feet per child, and provision of a pickup and drop-off area. The sketch plan meets the requirements of this section. LDR Chapter 4.6 Supplementary District Regulations: Parking: The sketch plan indicates that several parking spaces are to be removed with the addition of the playground area. Site data (i.e. parking calculations) for the center must be provided on the plans to insure adequate parking spaces are provided for the overall shopping center. Landscaping: A schematic landscape plan has been provided. A final landscape plan will be required with site plan approval indicating the type of landscape material, plant list, and specifications. In addition, the plans must note the existing landscape material along the western property line, proposed material for the new landscape island, and screening material for the dumpster enclosure. Loading Area: The plans are not detailed enough to determine if the loading bay for Winn Dixie (or future tenant) functions properly with the addition of the drop-off area. Fence: A detail of the fence and fencing material must be provided on the plans. Lighting: The plans do not indicate how the pick-up/drop-off area will be lighted. Planning and Zoning Board S. i~Report Conditional Use Approval - Kids Kingdom of Palm Beaches, Inc. Page 6 The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plarl Review and Appearance Board: If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan modification submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations which have requested notice of developments in their areas: · PROD · President's Council · Rainberry Bay Homeowners Association · Rainberry Lakes Homeowners Association · Delray Shores · Pines North · Sudan Subdivision The proposed conditional use is for the establishment of a child care facility known as Kids Kingdom of Palm Beaches, Inc. at Lake Ida Plaza. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. Planning and Zoning Board ~ )Report Conditional Use Approval - Kids Kingdom of Palm Beaches, Inc. Page 7 A. Continue with direction and concurrence. B. Recommend approval of the request for Conditional Use approval for a child care facility, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use approval for a child care facility based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the request for Conditional Use for Kids Kingdom of the Palm Beaches, a child care facility to be established at Lake Ida Plaza based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That a minor site plan modification be processed addressing the items listed under Compliance with the LDRs. 2. That the enrollment of the child care facility be limited to 75 students. 3. That the hours of operation be limited to Monday - Friday 6:30 a.m. to 6:00 p.m. 4. That all access to the child care facility be from the rear of the shopping center. Attachments: Location Map Sketch Plan CLA~O0~ INFANTS RECEPT. i i. I 1 e '~ll&.~E 5OFT ........ > .......... ETAIL PLAN MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~t~CITYMANAGER SUBJECT: AGENDA ITEM ~ ~ - MEETING OF SEPTEMBER 23, 1997 CONDITIONAL USE MODIFICATION/CASALE MARBLE IMPORTS DATE: SEPTEMBER 19, 1997 This is before the Commission to consider a conditional use modification to allow the expansion of Casale Marble Imports, a monument and ornamental stone cutting facility within the Industrial district at 750 S.W. 17th Avenue. The development proposal is a two-phased project. Phase I includes the addition of an outdoor storage area, new loading dock, access drive, additional parking, chain link fence and gate, canopies, and associated landscaping. Phase II consists of construction of a 4,060 sq.ft, building addition to accommodate a showroom and office space, which will reduce the outdoor storage area by 1,068 sq.ft. The Planning and Zoning Board, at its public hearing on September 15, 1997, voted 6-0 to recommend that the conditional use modifi- cation be approved subject to the following conditions: (1) that a site plan modification application be submitted which addresses the "Technical Items" and violations identified in the Staff Report, (2) that the storage area fence be 8 feet in height and the equipment and material stored outside be limited to a maximum height of 8 feet, and (3) that adjacent to the storage area~ hedges be installed 4 feet in height at the time of planting, with trees every 20 to 25 feet on center. Recommend approval of the conditional use modification request based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Required Findings) of the Land Development Regulations, the policies of the Comprehensive Plan, and subject to the conditions outlined in the attached materials. TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR ~~j~~ D ZONING ..... ~ FROM: J SUBJECT: MEETING OF SEPTEMBER 23, '1997 CONDITIONAL USE MODIFICATION REQUEST FOR AN EXISTING MONUMENT AND ORNAMENTAL STONE CUTTING FACILITY (CASALE MARBLE IMPORTS). The action requested of the City Commission is that of approval of a Conditional Use Modification request for Casale Marble Imports, within the I (Industrial) zoning district. The subject property is located at the southwest corner of S.W. 17th Avenue and S.W. 7th Street, approximately 1,000 feet north of S.W. 10th Street and adjacent to 1-95, and contains 1.62 acres. The north 2/3 of the property is occupied by an existing monument and ornamental stone cutting facility (Casale Marble Imports) and the south 1/3 is vacant. The improvements on the north 2/3 includes an existing 5,630 sq.ft, industrial building, an asphalt parking area and a 10,864 sq.ft, outdoor storage area. The development proposal is a two-phased project consisting of the following: Phase h Installation of an additional 17,106.38 sq.ft, of outdoor storage area south of the existing storage with a new loading dock and access drive; Installation of 12 additional parking spaces within the existing parking lot on the north side of the building; Installation of an 8' high black vinyl coated chain link fence around the storage area with a gate across the access drive; City Commission Documentation Meeting of September 23, 1997 Casale Marble Imports - Conditional Use Request Page 2 · Installation of four 20' X 35' vinyl canopies (to cover finished marble) along the west side of the storage area to match the existing canopies; and, · Installation of associated landscaping. Phase Ih Construction of a 4,060 sq.ft, building addition on the south and east sides of the existing structure to accommodate a showroom and office space, which will reduce the outdoor storage area by 1,068 sq.ft.. There are currently 17 employees with 2 additional employees anticipated upon completion of the building expansion. The hours of operation are between 8:00 a.m. to 6:00 p.m., Monday through Friday. The facility does not operate on Saturdays and Sundays. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. The Planning and Zoning Board considered the request at a public hearing on September 15, 1997. There was not public testimony regarding the proposal. After discussing the proposal, the Board voted 6-0 (Carbone absent) to recommend to the City Commission approval of the Conditional Use Modification request for Casale Marble Imports (monument and ornamental stone cutting facility) 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. That a site plan modification application be submitted which addresses the "Technical Items" and violations identified in the Staff Report; and, 2. That the storage area fence be 8' in height and the equipment and material stored outside be limited to a maximum height of 8'; and, 3. That adjacent to the storage area, hedges be installed 4' in height at the time of planting with trees every 20' to 25' on center. By motion, approve the Conditional Use Modification request for Casale Marble Imports (monument and ornamental stone cutting facility) subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachment: · P & Z Staff Report and Documentation of September 15, 1997 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 15, 1997 AGENDA ITEM: v.c. ITEM: Conditional Use Modification to Allow the Expansion of Casale Marble Imports, a Monumental and Ornamental Stone Cutting Facility, Located on the Southwest Corner of S.W. 17th Avenue and S.W. 7th Street. GENERAL DATA: Owner ......................................... Robed Case Applicant ..................................... D. Walter Casale Agent .......................................... Roy M. Simon, Architect Location ...................................... Southwest comer of S.W. 17th Avenue and S.W. 7th Street. Property Size .............................. 1.62 Acres Future Land Use Designation... Industrial Current Zoning ............................ I (Industrial) Adjacent Zoning ................ North: OS (Open Space) East: I South: I West: MIC (Mixed Industrial & Commercial) Existing Land Use ...................... Monument and ornamental stone cutting facility within a 5,630 sq.ft. industrial building with a 10,864 sq.ft, outdoor storage, associated parking and landscape areas. Proposed Land Use .................... Phase I consists of the installation of an additional 17,106 sq.ft, of outdoor storage area with four vinyl canopies within the storage area and 12 additional parking spaces; and, phase II is the construction of a 4,060 sq.ft. building addition to accommodate a showroom and office space. Water Service ............................. Existing on site via a service lateral connection to a 6" water main within S.W. 17th Avenue. Sewer Service ............................. Existing on site via a septic system. CEN ~RE' The action before the Board is making a recommendation to the City Commission on a request for Conditional Use modification approval for a monument and ornamental stone cutting facility (Casale Marble Imports), pursuant to Section 2.4.5(E). The subject property is located at the southwest corner of S.W. 17th Avenue and S.W. 7th Street, approximately 1,000 feet north of S.W. 10th Street and adjacent to 1-95. Modifications to Conditional Use Approvals are processed pursuant to LDR Section 2.4.5(E)(7). Modifications which involve intensity of use or hours of operation must be approved by the Planning and Zoning Board (as opposed to staff approval). If however, the Board deems that the modification is significant, then the modification must be heard as a new Conditional Use application, requiring formal notification, public hearing, and final action by the City Commission. Given the extensive nature of the changes associated with this conditional use modification, this request has been processed as if it were a new application. Thus, if the Board finds that the changes are significant, the request can be forwarded to the City Commission without delay. The subject property is unplatted and contains 1.62 acres. The north 2/3 of the property is improved with an existing 5,630 sq.ft, industrial building, an asphalt parking area and a 10,864 sq.ft, outdoor storage area, and the south 1/3 is vacant. The existing building was constructed in 1980 pursuant to the LI (Light Industrial) zoning district regulations to accommodate a moving and storage company, EBB Van Lines, Inc. With the Citywide Rezoning of October, 1990, the subject property was rezoned from LI (Light Industrial) to I (Industrial). The property was vacated by EBB Van Lines in November, 1994 and briefly occupied by East Coast Auto Marine, which vacated the site in 1995. At its meeting of March 7, 1995, the City Commission approved with conditions the Conditional Use request for Casale Marble Imports to establish a monument and ornamental stone cutting facility on the property. The conditional use request only applied to the north 2/3 of the property. The proposal included conversion of the existing 5,630 sq.ft, warehouse/industrial building to a stone cutting facility with 1,452 sq.ft, of office/showroom, a 3,954 sq.ft, storage area and a 224 sq.ft, cutting area. The proposal also included installation of a 10,864 sq.ft, outdoor storage with a loading area which were enclosed by an 8' high chain link fence with vinyl slats. On March 15, 1995 SPRAB (Site Plan Review and Appearance Board) approved the site plan for Casale Marble Imports with conditions and the associated improvements were subsequently P&Z Board Staff Report Casale Marble Imports - Conditional Use Modification Page 2 installed. On September 20, 1995, a non-impacting site plan modification was approved to allow the installation of three 20' X 35' (700 sq.ft, each) vinyl awnings (2,100 sq.ft. total) at the southwest corner of the storage area. In June, 1996, a request for a site plan modification was submitted to allow the installation of a 19' X 19' (361 sq.ft.) vinyl awning at the southwest corner of the building. A site visit revealed that the cutting saw was being stored and operated at the proposed location of the awning. As the original conditional use request did not allow the outside uses such as cutting, the request was rejected. On September 16, 1996, the Planning and Zoning Board approved a Conditional Use modification request to allow the installation of a 19' X 19' (361 sq.ft.) vinyl awning at the southwest corner of the building to accommodate the washing of finished marble and granite slabs. A request (application) for Conditional Use modification approval was submitted to expand the stone cutting facility, and is now before the Board for action. The development proposal is a two-phased project consisting of the following: Phase I; Installation of an additional 17,106.38 sq.ft, of outdoor storage area south of the existing storage with a new loading dock and access drive; Installation of 12 additional parking spaces within the existing parking lot on the north side of the building; Installation of an 8' high black vinyl coated chain link fence around the storage area with a gate across the access drive; Installation of four 20' X 35' vinyl canopies (to cover finished marble) along the west side of the storage area to match the existing canopies; and, Installation of associated landscaping. Phase Ih Construction of a 4,060 sq.ft, building addition on the south and east sides of the existing structure to accommodate a showroom and office space, which will reduce the outdoor storage area by 1,068 sq.ff.. There are currently 17 employees with 2 additional employees anticipated upon completion of the building expansion. The hours of operation are between 8:00 a.m. to 6:00 p.m., Monday through Friday. The facility does not operate on Saturdays and Sundays. 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 P&Z Board Staff Report Casale Marble Imports - Conditional Use Modification Page 3 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. With the original conditional use approval of March 7, 1995, positive findings were made with respect to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. The proposal expands the use onto the south portion of the property which was excluded from the original conditional use approval. The development proposal is a two-phased project involving the installation of an additional 17,106 sq.ft, outdoor storage area and 12 additional parking spaces with Phase I and construction of a 4,060 sq.ft, building addition to accommodate a showroom and office space with Phase II. The proposal more than doubles the size of the outdoor storage and almost doubles the building area. Thus, the proposal is being processed as a new Conditional Use and is therefore subject to LDR Section 2.4.5(E)(5) (Required Findings). The following is provided with regard to the proposed conditional use modification request. 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 Industrial and a zoning designation of I (Industrial). The I zoning district is consistent with the Industrial Future Land Use Map designation. Pursuant to LDR Section 4.4.20(D)(14), within the I zoning district, a monument and ornamental stone cutting facility is allowed as a Conditional Use. The proposed outdoor storage area and the office/showroom addition are allowed as accessory uses to the stone cuffing facility (ref. LDR Sections 4.4.20(C)(3) & (6)]. Based upon the above, a positive finding with respect to consistency with the Future Land Use Map can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: To date no water and sewer plans have been submitted, however, the following is noted: Water service exists via a service lateral connection to a 6" water main along the east side of S.W. 17th Avenue. Adequate fire suppression is provided via an existing fire hydrant on the east side of S.W. 17th Avenue, across from the property. Sewer service is currently provided via a septic system and not to the City's sanitary sewer system. The nearest connection is to a manhole within S.W. 17th Avenue, P&Z Board Staff Report Casale Marble Imports - Conditional Use Modification Page 4 approximately 300 feet south of the property. Pursuant to LDR Section 6.1.11(A), where sanitary sewer systems are not reasonably accessible, individual septic tank systems may be used provided they meet Palm Beach County Health Department requirements and the sewer is not within 200' of the property. As the nearest sanitary sewer is 300' from the property, a sewer main extension and service lateral connection will not be required with this development proposal. It is noted however, that the additional demands generated by the 4,060 sq.ft, office/showroom addition may require replacing the existing tank to increase the capacity to accommodate the demands of the facility. In order to replace the septic tank a permit must be obtained from the Palm Beach County Health Department. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant to accommodate the water demands of the proposed use and the City at build-out. If the a connection is made to the City's sanitary sewer system, there is treatment capacity available at the South Central County Waste Water Treatment Plant for this facility as well as the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Paving and drainage plans are not required with a conditional use request. With a full site plan submittal, drainage plans will be required. Drainage must be retained on-site. At this time, there are no problems anticipated complying with South Florida Water Management District or Lake Worth Drainage District requirements. Streets and Traffic: A traffic impact statement has been submitted indicating that the proposed 4,060 sq.ft. building addition will generate 23 average daily trips onto the surrounding roadway network. The traffic impact analysis complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. 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: Trash generated each year by the proposed 4,060 sq.ft, addition will be 4.7 pounds per square foot per year or 9.5 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY; Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other P&Z Board Staff Report Casale Marble Imports - Conditional Use Modification Page 5 objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and no applicable goals, objectives or policies were identified. SECTION 2.4.5(E)(5) 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 bordered on the south and east by the I zoning district; on the north by the OS (Open Space) zone district; and to the west, across 1-95, by the MIC (Mixed Industrial and Commercial) and CD (Conservation District) zone districts. The properties south, east and west of the site are currently developed with industrial uses. The property to the north is currently vacant and owned by FDOT (I-95 right-of-way). The proposal is an expansion of an existing industrial facility in an industrial area. Compatibility with the surrounding properties is not a major concern, however, the proposed expansion of the existing outside storage area is adjacent to 1-95 and S.W. 17th Avenue. The proposal is to install an 8' high chain link fence with vinyl slats around the storage area to match the existing chain link fence. Additional screening consisting of a Ficus hedge (4' high at the time of planting) with Mahogany trees every 20' will be installed around the perimeter of the storage area outside the fence. The Ficus hedge will replace the existing Silver Buttonwood hedge to provide the desired screening for the storage area. As with the original conditional use request, the equipment and material stored outside should be limited to a maximum height of 8'. Currently, the existing site is in violation of this condition of the original conditional use approval as the materials are stored higher than 8'. The applicant has stated that the existing storage area is insufficient to accommodate the inventory of the facility. With the expansion of the storage area the material will be stored no higher than 8' to comply with the condition of approval. With the installation of improvements and resolution of the existing violations described in this report, the proposed use should not have an adverse impact on the surrounding area nor should it hinder development or redevelopment of nearby properties. P&Z Board Staff Report Casale Marble Imports - Conditional Use Modification Page 6 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved, a site plan modification submittal complying with the Land Development Regulations will follow. Along with the Conditional Use request, a sketch plan was submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. These items have transmitted to the applicant and will need to be addressed with the full site plan submittal. Outside Stora_oe Pursuant to Section 4.6.6(C)(2) (Outside Storage), materials and equipment stored outside must be screened from view from adjacent public rights-of-way in a manner approved by the Site Plan Review and Appearance Board (SPRAB). Outside storage may not be located within a required setback area. It is not intended that sales or customer service be conducted in an area designated for storage. The sketch plan indicates the installation of a chain link fence 15' into the required 30' front setback area. The 15' area interior to the fence is indicated as an access lane, which is consistent with the approved site plan. However, the applicant has stated that this area may be used for the storage of marble slabs from time to time and that they will not exceed the height of the fence within this area, which is 6'. The storage area must either maintain a 30' setback area, to comply with the above requirement or a variance must be obtained by the Board of Adjustment. The applicant has applied for a variance to allow storage within the front yard. In absence of a variance approval, a note must be provided on the plans stating that there will be no storage within the 30' front, 10' side and 10' rear setback areas, or the fence along S.W. 17th Avenue must be relocated to comply with the 30' front yard setback. Ri_oht-of-Way Dedication Pursuant to Section 5.3.1(D)(2), the required right-of-way width for S.W. 17th Avenue is 60'. Thus, a 5' dedication of right-of-way is required of the property. LDR Section 5.3.1(D)(4), allows reduction in the required right-of-way width to be granted by the body having the approval authority of the associated development application, provided the reduction is supported by the City Engineer. A written request to reduce the required right-of-way width for S.W. 17th Avenue from 60' to 50 has been submitted. With SPRAB's approval of the site plan modification for this development, a waiver was granted for the reduction of the right-of-way width. Existin_~ Violations A site visit was conducted and revealed the following violations with regard to the approved conditional use for Casale Marble Imports: P&Z Board Staff Report Casale Marble Imports - Conditional Use Modification Page 7 1. The material being stored outside exceeds the maximum height of 8' allowed for the storage of equipment and thus is in violation of the existing conditional use approval. A condition of the original conditional use approval for Casale Marble Imports required the fence to be installed 8' in height and the equipment and material stored to be a maximum 8' in height. The applicant has stated that the existing storage area is insufficient to accommodate the inventory of the facility. VVith the expansion of the storage area the material will be stored no higher than 8' to comply with the condition of approval. 2. Many of the trees and hedges that were required to be installed adjacent to the storage area are dead. The installation of the trees and hedge material is a condition of the original conditional use approval, thus the current operation is in violation of those conditions. The applicant has indicated that the dead trees will be replaced and that the existing Silver Buttonwood hedge will be replaced with a Ficus hedge. 3. Eighteen (18) vehicles, 2 of which were customer vehicles, were parked within the existing 11-space parking lot on the north side of the property. With the Phase I improvements, 12 additional parking spaces are being installed in the north parking area. 4. While the existing fence encroaches 15' into the 30' front setback area, the 15' area inside the fenced area was approved as an access drive/loading zone with storage to be located within the setback area. Materials and inventory are currently being stored within the 15' setback area. As previously stated in this report, the applicant has applied for a variance to allow storage within the front setback area. If the Board of Adjustment does not grant a variance to allow storage within the front yard setback, a note must be provided on the plans stating that there will be no storage within the 30' front, 10' side and 10' rear setback areas, or the fence along S.W. 17th Avenue must be relocated to comply with the 30' front yard setback. 5. Two (2) unscreened dumpsters are located adjacent to S.W. 17th Avenue (One of which is located within the S.W. 17th Avenue right-of-way). The dumpsters must be located on site within a designated dumpster area. Staff recommended the applicant provide a large dumpster which is typically utilized for construction material rather than two small dumpsters, and that the office trash be accommodated by a small dumpster or roll-out dumpster. The applicant has stated the dumpsters are kept within the fenced area and that arrangements with BFI provide that this operation transports its containers to the right-of-way on the day of pick-up and then replaced within the fenced area after dumping. However, various site visits revealed the dumpsters remain placed adjacent to S.W. 17th Avenue on nonpick-up days. The dumpsters are required to be located on the site and situated in a manner that enables waste service vehicles to access the dumpsters, maneuver on the site, and leave the site in a forward manner. Thus, revisions must be made to the plans to ensure that the dumpsters must be located within the fenced area and situated in a manner that enables waste service vehicles to access the dumpsters and exit the site in a forward manner. P&Z Board Staff Report Casale Marble Imports - Conditional Use Modification Page 8 The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority), or the HPB (Historic Preservation Board). Community Redevelopment Agency: At its meeting of September 11, 1997, the CRA reviewed and recommended approval of the development proposal. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a site plan modification submittal will follow. Final action on the site plan submittal rests with SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate the technical items and violations identified through the conditional use analysis. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and neighborhood associations: El Carver Park El Carver Estates El Delray Beach Heights Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The "Technical Items" must be addressed during the site plan modification and variance processes. Positive findings with respect to Section 2.4.5(E)(5)(Required Findings) can be made as the outside storage area will be adequately screened from public rights-of-way and adjacent properties, and provided the existing violations are rectified. 1. Continue with direction. P&Z Board Staff Report Casale Marble Imports - Conditional Use Modification Page 9 2. Recommend approval of the Conditional Use Modification request for Casale Marble Imports 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 Modification request for Casale Marble Imports based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations and policies of the Comprehensive Plan, that the original conditions of approval have not been complied with. Recommend to the City Commission approval of the Conditional Use Modification request for Casale Marble Imports (monument and ornamental stone cutting facility) 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. That a site plan modification application be submitted which addresses the "Technical Items" and violations identified in the Staff Report; and, 2. That the storage area fence be 8' in height and the equipment and material stored outside be limited to a maximum height of 8'; and, 3. That adjacent to the storage area, hedges be installed 4' in height at the time of planting with trees every 20' on center. Attachment: Sketch Plan Report prepared by: Jeff Costello. Senior Planner MEMORANDUM TO: ~OR AND CITY COMMISSIONERS FROM: y CITY MANAGER SUBJECT: AGENDA ITEM ~ ~ - MEETING OF SEPTEMBER 23, 1997 CONTRACT ADDITION & CHANGE ORDER #5/MURRAY LOGAN CONSTRUCTION, INC. DATE: SEPTEMBER 19, 1997 This is before the Commission to consider contract additions and Change Order #5 in the amount of $123,520.94 to Murray Logan Construction, Inc. for the barrier island pump stations project. The contract additions include the installation of chains on all underwater discharge flapgates for maintenance access, emergency installation of deteriorated force main piping/rails at Lift Station 22, additional check valve for drain Clarifier #4 at the Water Treatment Plant, and additional clearing at Morikami Park drainage installation (per C.O. #3). Change Order #5 includes plus/minus quantity adjustments to the contract items based on unit prices, additional pavement recon- struction/overlay associated with the project, miscellaneous adjustments due to utility conflicts with the drainage piping, piping retrofit to accommodate owner furnished pumps at all stations, and miscellaneous modifications and repairs to the existing deteriorated Thomas Street pump station/discharge pipe. Funding in the amount of $117,525.94 is available from Barrier Island Pump Stations (Account No. 448-5411-538-62.35) , $1,220 from Media Replacement WTP (Account No. 442-5178-536-61.46) , $2,275 from Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84) , and $2,500 from Wells - Morikami Park (Account No. 440-5179-536-63.61); through budget transfer in the amount of $13,383 from Stormwater Project Reserve (Account No. 448-5411-538-99.01), and $1,127 from Water Distribu- tion Improvements (Account No. 442-5178-536-61.78). Recommend approval of contract addition (C.O. #5) to Murray Logan Construction, Inc. for the Barrier Island Pump Station improve- ments. Agenda Item No. AGENDA REQUEST Date: September 17, 1997 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: September 23, 1997 Description of item (who, what, where, how much): Staff requests Commission Approval of a Change Order ~5 to Murray Logan Construction contract for Barrier Island Pump Stations (PN 95-031) in the total amount of $123,520.94. It encompasses plus/minus adjustments to the Contract unit price quantities and miscellaneous changes per the attached schedule. Also included are Contract Additions for work at Lift Station 22, Water Treatment Plant and Morikami Park Wells. Explanations/comments are provided on the schedule and attached letter from the Project consultant, Hazen and Sawyer. Funding is from account #448-5411-538-62.35 (Barrier Island Pump Stations) for $117,525.94; 442-5178-536-61.46 (Media Replacement WTP) for $1,220.00; 442-5178-536-61.84 (R&R Manhole Rehab) for $2,275.00;440-5179-536-63.61 (Wells Morikami Park) for $2,500.00; and liguidating $9,754.05 from P.O. # 548577 (442-5178-536-61.78 Water Diet Imp). A budget transfer is attached ORDINANCE/RESOLUTION REQUIRED~ DRAFT ATTACHED ~ Recommendation: Staff recommends approval of Change Order ~5 to Murray Logan Construction. Department head signature: Determination of Consistency with Comprehe'~s~Ve- ' ;- Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~NO ~,~t Funding alternative~-- (if applicable) ~. 7~ Account No. & Descript--~-~ ~/[~[~Account Balance City Manager Review: ~ r~/! I~ fo~ ~r ~,~z~,~_/3~D Approved for agenda: YES/NO ~¥~ ~ r3~ ~/ ~ ~,~ ~ /! Hold Until: Agenda Coordinator Review: Received: ~/~) ~{~ ~3~3~ ~c~ ~ ~1~/ Placed on Agenda: Action: Approved/Disapproved file: s: eng/eng/proj / 9531/official/agl105. doc. MEMORANDUM TO: David T. Harden City Manager FROM: Howard Wight ~ ~ A/ Dep. Dir Const~off SUBJECT: BARRIER ISL)klqD PUMP STATIONS (PN 95-031) Change Order #5 DATE: September 17, 1997 Attached for Commission approval is Change Order #5 to Murray Logan Construction, Inc. for the above referenced Project. It includes plus/minus quantity adjustments to the Contract items based on unit prices; additional pavement reconstruction/overlay associated with the project; miscellaneous adjustments due to utility conflicts with the drainage piping; piping retrofit to accommodate owner furnished pumps at all stations; and misc modifications/repairs to the existing deteriorated Thomas St pump station/discharge pipe. Also included are miscellaneous adjustments to Seasage Pump Station due to the relocation of the pump station east to the Tamarind Ave landscape median; additional labor and equipment costs for excavation of rock encountered during wet well installation not shown on soil borings; and replacement of existing deteriorated 36" concrete pipe outfall with new outfall piping. Change Order #5 also includes several Contract Additions such as the installation of chains on all underwater discharge flapgates for maintenance access by City; emergency installation of deteriorated force main piping/rails at Lift Station 22; additional check valve for drain at Clarifier #4 at the Water Treatment Plant; and additional clearing at Morikami Park drainage installation (per C.O. #3). All of the changes are itemized with explanations on the attached schedule and per attached letter from Hazen & Sawyer. Total amount of the Change Order is $123,520.94. Funding is available per the following: #448-5411-538-62.35 (Barrier Island Pump Stations) for $117,525.94 #442-5178-536-61.46 (Media Replacement WTP) for $1,220.00 #442-5178-536-61.84 (R&R Manhole Rehabilitation) for $2,275.00 #440-5179-536-63.61 (Wells Morikami Park) for $2,500.00 The above funding is predicated on Commission approval of liquidating $9,754.05 from P.O. # (442-5178-536-61.78 Water Distribution Imp); and the attached budget transfer. cc: Dick Hasko, P.E., Acting Director of Environmental Services Rob Taylor, Hazen & Sawyer file: 95-031 (E) file:s/eng/eng/proj/9531/official/agdmemo.doc Mardi Execulive Cenler Environmenlal Engineers & Scientists 1905Soulh25thStreel EH V :'~ V :~/A [ H l ii. ~0. Pie,ce, FL 34947 561489-0066 Fax: 561489-0299 97SEP-5 Pt112:2h R E C IV E D September 4, 1997..q" ~ - ..~' .,. ',, ~.-1 ~.,~ ; Dick Hasko, P.E. - CITY OF DELRAY BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 Miscellaneous Barrier Island Pump Stations Chan~le Order Dear Sirs: Per our meeting September 3, 1997, we understand that you have categorized each of the additional cost items into one of the following groups which you have identified in your schedule of items: 1. Owner requested modifications/changes 2. Changes due to unforeseen underground conditions 3. Changes due to field relocations of facilities There were some exceptions for which you requested some additional explanation. Each of those items is listed below with the requested explanations. · Demucking (Item No. 4) - difference between estimated quantity of 1300 cy versus field measured (by City inspector) quantity of 2555 cy. A portion of this difference can be attributed to the expected variation between a quantity estimated from a limited number of soil borings and the actual quantity encountered during construction. However, the larger than anticipated difference is due primarily to one reason. Dudng the initial stages of design, there were no improvements planned for the west end of Beach Drive, and because of this, there were no soil borings taken in this area. When these improvements were added to the project, the demucking quantity was estimated based on the findings of the soil boring taken near the intersection of Beach Drive and Andrews Avenue. During construction, it became evident that the lens (depth) of muck soil in this boring was not representative of the conditions all along Beach Drive, thus the significant difference. As we discussed, ' regardless of the estimated quantity, the total amount due to the Contractor is dictated by the field measured (by City inspector) quantity and the bid unit price. · Open Cut Pavement Repair- difference (390 L.F.) between the estimated quantity of 1158 L.F. and the field measured quantity of 1537 LF. Approximately 100 L.F. of this is due to the pump station relocation at Sea Sage Drive. Also, the contractor appears to have used some wider than expected (on our part) trenches along the road right-of-way which ended up impacting the pavement. These areas were not included in our quantity take off. Lastly, the remainder is due to trenches for electrical conduit which was excluded from our quantity take off. Page I of 3 FtP.4933LO 13:09-04-97 Ilew Ymk, IIY · Armonk. fly · Woodbu~'¥, NY · tipper Saddle River, tlJ · Detroit, MI · Raleigh, ftC · Charlolle, i'lC · CaMax. VA · Ilollywood, FL · Boca Ralon, FL · I%rt Pierce, FL · Gainesville, Ct · Sa~asola. I:t · Miami, HAZENAND SAWYER Dick Hasko Howard Wighl September 4, 1997 · Brick Paver Driveway Repair - the difference (43 L.F.) between the estimated quantity of 20 L.F. and the field measured quantity of 63 L.F. Our original estimate anticipated only impacting one bdck paver driveway, however, three driveways were actually impacted dudng construction. The first of these was on Beach Drive where the City decided to remove and replace some deteriorated 30" drainage pipe. This work impacted the subject driveway requiring the repair. The second unanticipated ddveway impact was on Sea Sage Drive. We anticipated that the contractor would be able to avoid impacting this driveway. However, he did slightly encroach on it, and the decision was made to repair the driveway. · Additional Fittings for Waterway/Beach/Sea Sage Pump Stations - additional cost of $11,039. These additional fittings were needed to modify these stations such that identical pumps/columns could be used through the Barrier Island pump stations, including existing ones outside of this contract. This will make the pumps interchangeable between stations and will allow the City to keep spare pumps on hand which will work in several locations instead of having to stock unique spares for each stations. Down the road this should prove to be a considerable savings for the City. Additionally, you requested some history on the reason(s) for relocation of the pump stations at Beach Drive and Sea Sage Drive. Beach Drive - the original proposed location of this station was near the intersection of Beach Drive and Andrews Avenue. The rationale for this was to make optimal use of the existing gravity drainage system which collected and conveyed runoff to the outfall at this location. During the design process (prior to bidding), it was determined that it would be preferable to locate this station in the cul-de-sac at the west end of Beach Drive. Primary factors involved in this decision were the 'impact construction in the original location would have had on adjacent residents. This included destruction of landscaping, general inconvenience during construction, and having a permanent facility located within the easement in their front yards. Also, the City had some reservation regarding the integrity of the existing gravity outfall in that location (which was subsequently taken out of service and grouted shut). Sea Sage Drive - the relocation of this station actually took place after the award of the construction contract. Originally, the station was to be sited in a drainage easement (requiring additional easement acquisition) between an existing residence and a vacant lot (across the street from the final location). Similar to the situation at Beach Drive, this location was originally selected because it allowed optimal use of the existing gravity drainage system (there is a 36" outfall at this location). However, to locate the station here required obtaining permanent and temporary construction easements from the Owner of the vacant lot. As it became growingly apparent that terms could not be reached between the City and the property owner, we endeavored to relocate the facility. Page 2 of 3 FIP.4933L013:09-04-97 HAZENAND SAWYER Dick Hasko Howard Wight September 4, 1997 Although soil bodngs in the area of the new site did not indicate the presence of rock, the Contractor did encounter rock as verified in the field by the City's inspector. The Contractor's additional time and equipment necessary to deal with this issue have been verified in the field by the City's inspector, reviewed by the City and Consultant, and found to be acceptable based upon the work performed. If you have any questions or need further information regarding these or any other matters please give me a call. Very truly yours, HAZEN AND SAVVYER, P.C. Senior Principal Engineer c: Howard Wight Albert Muniz Steve Harty Page 3 el 3 FIP.4933L013:09-04-97 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Five (5) PROJECT NO. 95-031 DATE: PROJECT TITLE: BARRIER ISLAND PUMP STATIONS TO CONTRACTOR: MURRAY LOGAN CONSTRUCTION YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Plus/minus Contract Quantity Adjustments and miscelaneous changes per attached Schedule A SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $947,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 70,052.83 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,017,052.83 COST OF CONSTRUCTION CHANGES THIS ORDER $ 123,520.94 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,140,573.77 PER CENT INCREASE/DECREASE THIS CHANGE ORDER +13.0% TOTAL PER CENT INCREASE/DECREASE TO DATE +20.4% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. for Murray Logan Construction, Inc. (sign & seal) Fundinq Sources 448-5411-578-62.35 (Barrier Island Pump Station) for $117,525.94 442-5178-536-61.46 (Media Replacement WTP) for $1,220.00 442-5178-536-61.84 (R&R Manhole Rehab) for $2,275.00 440-5179-536-63.61 (Wells Morikami Park) for $2,500.00 DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: for Environmental Services Jay Alperin, MAYOR ATTEST: APPROVED: By: City Attorney City Clerk ~...~95-031~contract~colfrm.doc w- ~ 88888888888888~88 ~ 8----8 0 z z City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date 9[ 18/97 (3) Interfund/Interdepartmental Transfer (4) Batch Number (5) Requested By: Howard Wight PROJECT # (6) ACCOL'NT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN ~~'-~1 448-5411-538-62.35 Barrier Island Pump $13,383.00 Station 448-5411-538-99.01 Stormwater-Proj ect $13,383.00 Reserve ,o/5 ~__ 442-5178-536-61.46 Media Repl. W.T.P. 1,127.00 442-5178-536-61.78 Water Dist. Imp. 1,127.00 (10)TOTAL $14,510.00 $14,510.00 JUSTIFICATION: To provide fu.n. ding requirement for additional work per Chan~e Order #5 to the Barrier Island Pump Station Project (95-31) on Murray Logan contract per Commission approval on 9/23/97. Finance Director City. Manager /X~ (11) Budget Revision Date (12) Control Namber (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT MEMORANDUM TO: David T. Harden City Manager FROM: .t J(kjjRobert A. Barcinski ~"Assistant City Manager DATE: September 17, 1997 SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING SEPTEMBER 23, '1997 APPROVAL SPECIAL EVENT - HARVEST FEST ACTION; City Commission is requested to endorse the 10th Annual Harvest Fest to be held November 15th and 16th, to grant a temporary use permit per LDR's section 2.4.6(H) for the closure of Atlantic Avenue from Venetian to ^-l-A, to waive LDR's sign provisions section 4.6.7(D)(3)(j)(ii) to allow event signage more than one week before the event, to provide City services as requested, and to share in the overtime costs 50/50. BACKGROUND: City Commission is requested to endorse the event and provide City services as requested for security, barricade set up, permit processing, trash pick up, stage set up and use, and event signs installation. Overtime will be needed for security, barricade set up and removal, and trash pick up. The stage will be set up in the parking lot at Erny's and will not require overtime. The estimated overtime cost for the event is $2,000. In addition, to overtime costs other costs that would not be charged are as follows: Regular Hours $ 660.00 Barricade Hours $ 46.00 Stage Rental $1,590.00 RECOMMENDATION: Staff recommends approval of the event, the temporary use permit, the sign waiver, staff support requests, and sharing in the overtime costs 50/50 in an amount not to exceed $1,000 for the City's share. RAB/tas /., 0 File: u:sweeney/agendaDoc:harvest.doc ~ The GREATER DELRAY BEACH Chamber of Commerce August 14, 1997 Honorable Mayor Jay Alperin and City Commissioners City of Delray Beach 100 NWi st Avenue Delray Beach, FL 33444 Dear Mayor and City Commissioners: The Greater Delray Beach Chamber of Commerce is organizing the 10th Annual Harvest Fest '97 scheduled to be held on November 15 and 16, 1997. We are proud of this event as it grows and improves each year. To ensure this event's success we are requesting assistance from the City. Please consider the following items: 1. Endorsement by the City Commission; 2. Use of the public streets and public parking fadlities in and around the event site for vendor set- up, parking, etc.; 3. Blocking off Atlantic Avenue from Venetian to A 1A. We request City staff to prepare a detour route and make the necessa~j application to Florida Department of Transportation (FDOT); 4. Provide City staff support to the Planning Committee as necessanj with assistance from, but not limited to, Police, Fire, Streets, Engineering, Community Improvement, Parks, and City Manager's Office; 5. Allow this to be the only Commission approved event during these two days. Allow all vendor permits to be assigned by the Chamber of Commerce only; 6. Permission to erect signs promoting the event from October 23 through November 17, 1997; 7. Provide limited City staff support during the event for street closing and maintenance; 8. Permission to use the large covered stage for all day continuous entertainment. We request the City to share the cost of these overtime services 50/50 with the Chamber of Commerce. We are aware of the Commission's effort to assist community non-profit organizations and will attempt to provide these groups with any fund raising opportunities. We sincerely appreciate all of the efforts of the City employees and look forward to a great Harvest Fest in 1997. We hope each of you will be a part of the festivities. Yours truly, President W]W:lhb cc: David Harden, City Manager Bob Bardnski, Asst. City Manager pe~Lr~a~ Greater Delray Beach Chamber of Commerce, Inc. 561-278-0424 · Fax 561-278-0555 · chamber@delraybeach.com Chamber Accredited b!/ United States Chamber of Commerce The GREATER DELRAY BEACH Chamber of Commerce August 14, 1997 Det. Thomas Mitchell & Police Explorers City of Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444-3695 Dear Det. Mitchell & Explorers: Are you ready for another H,~ve_q' ff'e~. We would again like to engage your semices for another year of nighttime security. The event is scheduled on November 15 & 16, 1997 and your services will be needed on the night of November 15. We would be happy to provide a ltat fee of $200 for your services and ask that you provide us with a letter and invoice confirming these terms. Please let me know how else the Harvest Fest Committee can assist in your efforts, if you have a photo of your group, we may be able to get you some publidty in our local newspaper's spec/al sections. I can be reached at 279-1380 ext. 22 and I look forward to hearing from you. Sincerely, Lynn H. BafaloutdOs Harvest Fest Coordinator Ihb:s Greater Delray Beach Chamber of Commerce, Inc. ~ NI-AmedcaClty 561-278-0424 · Fax 561-278-0555 · chamber@delraybeach.com Chamber Accredited b!/ United States Chamber of Commerce MEMORANDUM TO: David T. Harden City Manager FROM: ~)~ Robert A. Barcinski ~ Assistant City Manager DATE: September 18, 1997 SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING SEPTEMBER 23. 19~17 APPROVAL SPECIAL EVENT - VISIONS OF PERFECT HARMONY ACTION: City Commission is requested to endorse the 9th Annual Visions of Perfect Harmony Festival to be held on October 3rd and 4th, and to authorize the use of the Tennis Stadium, small city stage, barricades, and to provide other City services as needed at no charge. BACKGROUND: The organizers of this event are, again this year, proposing the use of the Tennis Stadium for a free Gospel Concert on Friday evening from 7:00 p.m. - 9:00 p.m. This year the festival will be held on October 4th in the CRA parking lot on N.E. 1st Avenue. Use of the small stage is requested for Saturday's activities. The stage can be set up and taken down during regular work hours on Friday and Monday. Barricades will be needed to block off the CRA parking lot. The barricades can be dropped off on Friday and set up by the event organizers. Trash pick up and clean up will be handled by event volunteers. The bus drop off area will be on N.W. 1st Avenue by the CRA parking lot. Police security and traffic control assistance will be required for Saturday. Estimated costs for police overtime is $200. Other costs associated with this event are as follows: Tennis Stadium rental and utilities $3,000 Stage rental $ 265 Barricade rental $ 50 Regular hours $ 200 The event organizers are requesting all services and use of City facilities and equipment at no charge. RECOMMENDATION: Staff recommends approval of the event, and use of the Tennis Stadium, small stage and barricades at no charge. We recommend a 50/50 split for the costs of police overtime. RAB/tas cc: Lt. Marc Davis Joe Weldon Charlotte Durante Paul Felsberg File:u:sweeney/agenda Doc:harmon98.doc ......... ~[,~, Lake Ida Plaza .-, ' ,~ 600 North Congress Avenue, Suite 560 :~:" \":' Delray Beach, FL 33445 A Non-Profit Organization RECEIVED Executive Committee: August28, 1997 SEP 0 ~ 1997 Sheila Banks Entertainment Mayor Jay Alperin, City Commissioners and City Manager A S $ ~,STA N T City of Delray Beach CITY MANAGER Shirley Bryant 100 NW 1st Avenue Entertainment Delray Beach, FL 33444 Jane Camegie-Tolliver Dear Mr. Mayor and Associates: Announcer/Entertainment The Peach Umbrella Plaza Association Inc. is requesting approval for the ninth annual Charlotte G. Durante I~isions of Perfect Harmony Festival. We would like to hold this event on Friday and President & Founder Saturday, October 3 & 4, 1997. The main purpose of this event is to highlight the multi- cultural diversity of Delray Beach, FL USA. It is the "perfect harmony" of those cultures Lori J. Dumnte working together which made Delray Beach a winner of the All-America City Award. As in Planning previous years, the festival is a part of the city's Heritage Month activities. Paul Felsberg Admission to the two-day festival will be free to the public and will include a Gospel Operations Concert on Friday evening, October 3, from 7:00 p.m.to 9:00 p.m. at the Delray Beach Tennis Center Stadium located at 201 West Atlantic Avenue. On Saturday, October 4, the Marjorie Fetter festival will be held from 4:00 p.m. to 10:00 p.m. in the parking lot on Northwest 1st Avenue Delray Beach at Delmy Beach's City Hall, site of the Green Marketplace, The festival will include a Downtown Joint Venture cultural mix of arts and crafts, food and music with information booths and other activities for all ages to enjoy. Clarence Jones Creative Design In addition, on Saturday, a trolley tour will be available for people to see and learn about local sites of historic significance m the African American Community. This tour is being Dorothy Josey coordm~ed by the Board of Education. Some of the sites which will be a part of the festival Community Relations tour will include the Mt. Olive Baptist Church, St. Paul AME Church, the Frances J. Bright site, the S. D. Spady house, and the Susie Williams house and others. Rosalind Murray Fundraismg Thank you for your consideration and for your continued support of this community event. Please call me if you have any questions. Art NeJame Finance Sincerely, David O'Connor Marketing Developmet Charlotte G. Durante Kathy Rousos President and Founder Marketing & Fundraising 561.265.0200 £1T¥ (IF DELAR¥ BER£H DELRAY BEACH ~ N~Ameri~C~ 1993 MS. Paulette Burdick, Chairwoman Palm Beach County School Board 3340 Forest Hill Blvd., C-316 West Palm Beach, FL 33406-5869 Dear Ms. Burdick: RE: House Bill 2121 In regular session on September 23, 1997, the Delray Beach City Commission considered recommendations developed by the Delray Beach Education Board with respect to House Bill 2121. The City Commission voted unanimously to support the following changes: (1) Delete the requirement to count portables at 75% of permanent student stations, or allow a percentage of the portables to be counted as permanent student stations only if core space (i.e. cafeterias, bathrooms, etc.) is available to handle the additional capacity. (2) Delete the requirement counting art, music and resource rooms as permanent student stations. (3) Allow the completed 1996 Five Year Educational Plant Surveys for local schools to be exempt from House Bill 2121. (4) Allow the building construction cost for our district to be based on the tri-county area averages (i.e. Palm Beach, Broward and Dade Counties), to ensure that the costs are more equitable. Further, the City Commission requests that the School District of Palm Beach County seek a waiver, if necessary, from the State Department of Education for provisions of House Bill 2121 which are applicable to the Atlantic High School Seacrest project. Your serious consideration will be appreciated. Sincerely, Alison MacGreg~y City Clerk AMH/sm cc: Dr. Joan Kowal, Superintendent Janet Meeks, Senior Planner/Education Board Liaison THE EFFORT ALWAYS MATTERS I:IT¥ DF DELRi:iV BEI:i£H DELRA¥ BEA¢~ CITY CLERK 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444 · 407/243-7000 NI-Ameri~C~ 1993 The Honorable Bill Andrews House of Representatives House Office Building #48 Tallahassee, FL 32399-1300 Dear Representative Andrews: RE: House Bill 2121 In regular session on September 23, 1997, the Delray Beach City Commission considered recommendations developed by the Delray Beach Education Board with respect to House Bill 2121. The City Commission voted unanimously to support the following changes: (1) Delete the requirement to count portables at 75% of permanent student stations, or allow a percentage of the portables to be counted as permanent student stations only if core space (i.e. cafeterias, bathrooms, etc.) is available to handle the additional capacity. (2) Delete the requirement counting art, music and resource rooms as permanent student stations. (3) Allow the completed 1996 Five Year Educational Plant Surveys for local schools to be exempt from House Bill 2121. (4) Allow the building construction cost for our district to be based on the tri-county area averages (i.e. Palm Beach, Broward and Dade Counties), to ensure that the costs are more equitable. Further, the City Commission requests that the School District of Palm Beach County seek a waiver, if necessary, from the State Department of Education for provisions of House Bill 2121 which are applicable to the Atlantic High School Seacrest project. Your serious consideration will be appreciated. Sincerely, City Clerk AM~/sm cc: Janet Meeks, Senior Planner/Education Board Liaison School District of Palm Beach County THE EFFORT ALWAYS MATTERS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 23, 1997 RECOMMENDATION FROM THE EDUCATION BOARD CONCERNING HOUSE BILL 2121 DATE: SEPTEMBER 19, 1997 Attached is an excerpt from the regular meeting minutes of August 19th, wherein the City Manager indicated that the Education Board would be reviewing House Bill 2121 and that a recommendation to the City Commission would be forthcoming. State Representative William Andrews and Vernon Crawford from the School Board attended the Education Board's September 8th meeting for an initial discussion concerning the legislation. On September 15, 1997, the Education Board formally discussed House Bill 2121 and developed its recommendation to the Commission. The key elements of the bill are outlined in the attached report as are the recommended changes. The Education Board recommends approval of the proposed changes to House Bill 2121 and that these recommendations be forwarded to the state legislature and the School Board. ref:agmemol0 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearings. 11.A. City Manaqer's response to prior public comments and inquiries. In response to comments made at the last meeting, the City Manager stated that the City Clerk has scheduled the issue of yard sales and their control for a future workshop meeting. Concerning the comments about Boynton Beach's position opposing House Bill 2121, the City Manager reported that the City of Boynton Beach has not taken formal action. Their City Commis- sion did have a workshop on August 4, 1997, at which School Board member Paulette Burdick gave a status report on the proposed Boynton Beach High School and the affects of HB 2121. The potential ramifications of the legislation were discussed and the Boynton Beach Commissioners and Chamber of Commerce members were urged to contact the legislative delegation in an effort to have the bill modified and to encourage a special legislative session in the fall on schools and school funding. The City Manager stated that his office has received a copy of HB 2121 and it is available for anyone who is interested in reviewing it. On the same subject, since Mayor A1perin had asked about it in the Commission comments, the City Manager stated that the Education Board will be reviewing HB 2121 at its September 8th meeting. The Education Board is hoping State Representative Bill Andrews and Mr. Sello, the new Area I Superintendent, will be able to attend that meeting to discuss the bill and what impacts it will have on the City's schools. Depending on the Board's understanding of the bill, a formal recommendation to the City Commission will be voted on at that meeting or at their next meeting on September 15, 1997. In either case, the Commission should have a formal recommendation from the Education Board by the September 23rd regular meeting. 11.B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, addressed the Commission with respect to the Delray Beach Library's additional $300,000 funding request. Mrs. Finst asked how much the Library's request would cost the taxpayers of the City if the Commission did plan to fund the request, either as one lump sum or spread out over several years? She felt there is a need to assist the Library and asked if the Commission is entertaining the funding request either in whole or in part? Secondly, representing the Board of Directors of the Homeowner's League of Chatelaine, Mrs. Finst expressed concern about the condition of the streets in Chatelaine as well as the general condition of streets and roads throughout the City. She stated she has been asking for assistance with the roads in Chatelaine for some eight years and now they are in deplorable -11- 08/19/97 r TT Tlr IT1T T ITT11 1 TO: DAVID T. HARDEN CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: JJ~NET MEEKS, SENIOR PLANNER V SUBJECT: SEPTEMBER 23, 1997 RECOMMENDATION FROM THE EDUCATION BOARD ON HOUSE BILL 2121 The action before the City Commission is that of considering the Education Board's recommendation on changes to House Bill 2121, an act relating to educational facilities and funding. The City Commission requested that the Education Board make a formal recommendation on House Bill 2121, which was passed by the 1997 Florida Legislature. House Bill 2121 is an act relating to educational facilities and funding, and includes several provisions that will affect local schools. The key elements of the Bill are outlined below. SECTION 1: Requires the Commissioner of Education to annually review rules applicable to the construction, renovation, leasing or repair of school facilities in order to identify unnecessary requirements, and make recommendations for revisions or repeal to the legislature. SECTION 2: Establishes the School Infrastructure Thrift (SIT) Program Act of 1997, which shall be funded annually to assist school districts (at local option) in the construction of new educational facilities provided certain criteria are met. Up to 20% of total project cost dollars can be funded with these dollars. City Commission Documentation Recommendation from the Education Board on House Bill 2121 Page 2 SECTION 3: Provides that SIT dollars may be requested by school districts if the maximum per square foot project cost does not exceed 110% of statewide average. SECTION 4: Assigns full time student stations to all space (i.e. music, art, skill labs, etc.) except cafeterias, media centers and administration offices. Results in these areas being counted toward classroom capacity. SECTION 5: Requires that each education plant survey completed after June 30, 1995 be revised to be consistent with the criteria of House Bill 2121, including but not limited to the counting of 75% of portables as permanent classroom capacity. Deviations from approved standards may be allowed if justified to the governing authority as necessary for the delivery of an approved educational program. SECTION 6: Provides for the addition of certain building standards including a cap on the maximum square footage per student and a cap on the maximum allowance for certain core construction. SECTION 7: Provides for liberalization of the special facility construction account in that urgent construction needs may be addressed by school districts at the rate of one approved project every 3 years, instead of every 5 years as previously written. Certain conditions are attached, including but not limited to exemption of school districts from costly local landscaping ordinances. SECTION 8: Provides that by 7/1/04, the 2 mills maximum levy district school tax be restricted as to use for constructionlrenovationlleaselpurchase of instructional space, school buses or other instructional delivery related costs. Any such monies otherwise used are to be reduced by 15% per annum (e.g. placed back into construction type use) until 2002-2003 when the final reallocation is to be made. SECTION 9: Provides for the Department of Education to develop incentives for districts to reduce construction costs and to recommend any appropriate changes to the legislature. SECTION 10: Provides that during 1997-1998, the Department of Education shall allocate funds from PECO and Debt Service Trust Fund to implement approved 1 year public/private partnerships for school construction under certain conditions in Bay, Palm Beach, and Dade Counties. SECTION 11: Directs the Office of Program Policy Analysis and Government Accountability to develop a system for reviewing financial management practices of school districts with the objective of encouraging "best financial management" in all districts. Participation in the program is by unanimous vote of the local school board with priority of review based upon growth rate and demonstrated need. Districts will contribute 50% of related cost. City Commission Documentation Recommendation from the Education Board on House Bill 2121 Page 4 · Delete the requirement to count portables at 75% of permanent student stations, or allow a percentage of the portables to be counted as permanent student stations only if core space (i.e. cafeterias, bathrooms, etc.) is available to handle the additional capacity. · Delete the requirement counting art, music, and resource rooms as permanent student stations. · Allow the completed 1996 Five Year Educational Plant Surveys for local schools to be exempt from the Bill. · Allow the building construction cost for our district to be based on the tri- county area averages (i.e. Palm Beach, Broward, and Dade counties), to ensure that the costs are more equitable. The Board also recommended that the City Commission request that the School Board seek a waiver from the state if necessary for provisions of the bill which are applicable to the Atlantic High School Seacrest project. By motion, approve the Education Board's recommendations of proposed changes to House Bill 2121, and forward those recommendations to the state legislature and the School Board. City Commission Documentation Recommendation from the Education Board on House Bill 2121 Page 3 SECTION 12: Provides that unless a county has (before May 1, 1997) adopted a school concurrency policy, a school concurrency policy shall not be applied by a local government before July 1, 1998. A complete copy of House Bill 2121 may obtained from the Planning and zoning Department upon request. House Bill 2121 affects Palm Beach County by requiring educational plant surveys that were completed after June 30, 1995 to be revised and validated by the state. The current five year Educational Plant Survey completed in 1996 for local schools must now be revised, and may delay projects and eliminate the need for additions, replacement, and new schools. The revised educational plant survey requires recalculation of school capacity to include art and music reoms, skills labs, resource rooms, etc. as permanent student space, as well as 75% of the portables. This may result in the state not authorizing additional needed permanent facilities, as the schools will not be considered over capacity. In addition, the state minimum square footage requirements must be used in the revised plant surveys, which affects many of the designs for projects already anticipated for local schools. When planning for the financing and design of new schools, the money that could have been used for maintenance costs in the past must now go back to the building budget at a rate of 15% a year. Construction costs cannot exceed the state average by more than 110%. Given the higher construciton costs in south Florida, it may be impossible to be at or below this percentage. State Representative William Andrews and Vernon Crawford from the School Board attended the Education Board's September 8th meeting. Mr. Andrews stated that due to the outcry from local municipalities throughout the state, the bill is now in flux. It will most likely be amended to delete the provisions requiring that ancillary rooms and portables be counted as permanent class space. He stated that the statewide average cost not to exceed 110% would most likely not change. Mr. Crawford stated that he would like the issues concerning the bill to be resolved so they may move forward with the new surveys if necessary to continue construction projects. At this point, he did not feel that the Seacrest project for Atlantic High School was affected by the bill, but would seek a waiver by the state if necessary. At its meeting of September 15, 1997, the Education Board discussed House Bill 2121 and is recommending that the City Commission support the following changes: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~'~ITY MA_NAGER SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF SEPTEMBER 23, 1997 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD DATE: SEPTEMBER 17, 1997 David Henninger, regular member/layperson, has submitted his letter of resignation effective September 30, 1997. This creates a vacancy for a layperson to fill the unexpired term ending January 14, 1999. A1 so, the Code Enforcement Board voted to terminate the appointment of Chris Stray due to non-attendance at meetings. This creates a vacancy for a regular member/subcontractor to fill an unexpired term ending January 14, 2000. All members of the Code Enforcement Board must be residents of the City. Appointments shall be made on the basis of experience or interest in the fields of zoning and building control. The code states that, whenever possible, the membership shall include a subcontractor. The following have applied for consideration: Martin Bellsey* Lynn Gardner* Anthony Veltri Stanley Watsky *Mr. Bellsey and Ms. Gardner are currently serving as alternate members on the Code Enforcement Board and wish to be considered for regular membership. Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointment of a regular member/layperson will be made by Commissioner Randolph (Seat #4) and the appointment of a regular member/subcontractor will be made by Mayor Alperin (Seat #5). Recommend appointment of two regular members to the Code Enforcement Board to fill unexpired terms ending January 14, 1999, and January 14, 2000, respectively. ref:agmemol ~0~ A//D~//7 po~9~;7~D ~t~ /~p~. ~ /~p/7/~ ' ~ AIR CONDITIONING- HEATING J 135 S. CONGRESS AVENUE · DELRAYBEACH, FL 33445 August 25, 1997 Richard Bauer Code Enforcement Administrator City of Dekay Beach 100 NW 1st Ave. Dekay Beach, FI. 33444 Dear Richard: It is with regret that I inform you I will be resigning from the Code Enforcement Boai~ effective September 30, 1997. My resignation is a result of career pressures specifically related to my recent involvement with GroupMAC. GroupMAC is a Houston base consolidator in the HVAC industry and I have taken a position as Director. This will require frequent visits to Houston and make consistent attendance at meetings impossible. It should be noted that I have enjoyed my involvement with the Board and have watched it become a cohesive and professional group of caring members. I applaud the efforts of your office and the Board. I encourage their continued good work in the interest of a better Delray Beach. S~y .////a~v~d~~. , 4 cc Mr. Beril Kruger Delray. 278-5232 · Boynton: 734-7776 · West Palm: 655-6993 · Broward: 426-0008 Fax: 561-278-5499 · 1-800-560-5008 MEMORANDUM FROM: NORMA SMITH, CODE ENFORCEMENT BOARD CLERK I' THRU: RICHARD BAUER, CODE ENFORCEMENT ADMINISTRATOR SUBJECT: REMOVAL OF CODE ENFORCEMENT BOARD MEMBER DATE: SEPTEMBER 3, 1997 At the regular Code Enforcement Board meeting held on August 26, 1997, the Chairman, Beril Kruger, informed the Board of the attendance record of the regular member Chris Stray. Of the past 16 meetings held, Mr. Stray has only attended 3 (see attachment). Upon recommendation by the Chairman, the Board unanimously agreed to terminate the appointment of Chris Stray. The Board would like to have the City Commission appoint a replacement. !VE DI ! SEP--~ 1997 I CODE ENFORCEMENT BOARD 1997 Jan Feb Nar Apr Hay Jun Jul Aug Sep Oct Nov Dec James Griffis P/P P/P A/P ?/A A/P P/P P/P ?/? John Goodman P/P P/P P/A A/P P/P P/P P/P P/P JoAnn Peart P/P P/A P/P P/P P/P A/P A/P A/P Barbara Holden A/P P/P P/P A/P A/A P/P P/P P/A Beril K=uger P/P P/P P/P P/P P/P P/~.,, P/P P/P David Henninger P/P P/P P/A P/P P/A P/P A/P P/A Chris Stray A/A A/? A/P A/A A/A A/P A/A A/A ALTERNATES Lynn,Gardner (appnt 2/97) A/A P/P P/P P/P P/P P/A P/A Martin ~ellseY A/A A/A P/A A/A A/A P/A A/A P/A CODE ENFORCEMENT BOARD 1996 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov ~ec James Griffis P/P P/P P/P P/P P/P A/A P/P A/A A/A P/A A/P P John Goodman P/P P/P P/P P/A P/A P/P P/P A/P P/P A/P P/A P JoAnn Peart P/P P/P P/P P/A P/P A/P P/P P/P P/P P/P P/A P Barbara Molden (appnt reg member 6/96) P/P P/P P/A P/P P/P P/A P Richard Eckerle P/P P/P P/P P/P P/P P/P P/P P/P P/P P/A P/P P Beril Kruger P/P P/P P/P P/A P/A A/P P/P A/P P/P P/A P/P P Davi~ He~ninger (App,Dt re~. 1/9~). A/A P/P P/P A/P P/P P/A P/A P/A A/A P/A P Alternates: Chris C. Stray A/A A/P P/A A/P P/A P/A A/A A/A A/P A/A A/P A Martin Bellsey (appnt 6/96) A/A P/A A/A A/P A/A A (appn~'l/96) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ~- REGULAR MEETING OF SEPTEMBER 23, 1997 APPOINTMENTS TO THE HIGH-RISE FIRE SAFETY TASK TEAM DATE: SEPTEMBER 18, 1997 On June 17, 1997, the City Commission adopted Resolution No. 47-97 which established the High-Rise Fire Safety Task Team. The charge of the task team is to study and make recommendations to the Commission regarding the issue of fire protection sprinklers in high-rise buildings. The study will include the impacts, costs and time frames for compliance. Resolution No. 47-97 was subsequently amended by Resolution No. 57-97 which changed the membership composition, time frame and sunset date. Pursuant to the enacting resolutions, the task team will consist of thirteen (13) members. Two members, the City's Fire Marshal and Chief Building Official, will serve as staff liaison. The balance of the membership will be as follows: 5 - Resident representatives from the affected high-rise buildings Banyan House Barr Terrace Bar Harbour Barton Seagate Towers North Seagate Towers South Seagate Manor Delray Beach Club Apartments (3 buildings) Coastal House Court of Delray Delray Summit Dorchester 2 - Building manager representatives 1 - Insurance industry representative 1 - Real estate representative 1 - Fire sprinkler contractor 1 - Fire protection engineer Applications were solicited for each of the categories and were previously forwarded to the Mayor and City Commissioners for review.* The names of the applicants by category are listed on the following page. The appointments will be made according to the Commission's rotation schedule, with the order of appointment indicated for each category. Once the appointments are made, it is expected the membership will convene quickly to pursue the task team's charge. The sunset date is March 31, 1998, unless extended by action of the City Commission. Recommend the appointment of eleven (11) members to the High-Rise Fire Safety Task Team. *An additional application was received on Friday, September 19th, and is attached for your consideration. ref:agmemo7 Appointments to the Hiqh-Rise Fire Safety Task Team City Commission Reqular Meeting of September 23, 1997 (5) Resident representatives from the affected buildinqs The appointments will be made by Mr. Schmidt (Seat #1), Mr. Egan (Seat #2), Mr. Ellingsworth (Seat #3), Mr. Randolph (Seat #4), and Mayor Alperin (Seat #5). Applicants ~-Wallace D. Doud (Seagate Manor)--~/~ Michael R. Heyer (Coastal House) ~_~/~ ~5-_ ~William H Latimer, Jr. (Delray Summit Alfred J. Laupheimer, Jr. (Coastal House) ,,~__ ~artin H. Rubin (Seagate Towers South -- /C --Allen T. Smith, D.D.S. (Banyan House) -~/ ~'--O ~Robert Story (Seagate Towers North)-~_.~/.~' ~__avid A. Tyrian (Coastal House)--~-R~ *Charles J. Walsh (Delray Beach Club ApWs.) (2) Buildinqmanaqer representatives The appointments will be made by Mr. Schmidt (Seat #1) and Mr. Egan (Seat #2). Bates (Banyan House) Applicants:KennethF' StephenB. Humphries (Bar Harbour)" -- /~5-O (1) Insurance industry representative The appointment will be made by Mr. Ellingsworth (Seat #3). Applicants: Thomas E. Lynch .- ~/~ Mel Shapanka (1) Real estate representative The appointment will be made by Mr. Randolph (Seat #4). Applicants: Terry Eichas -- ~/~-- . _4--0 (1) Fire sprinkler contractor The appointment will be made by Mayor Alperin (Seat #5). Applicants: Tom Dickmann . · ~~ /~ ' Alan D. Wiginton (1) Fire protection enqineer The appointment will be made by Mr. Schmidt (Seat #1). Applicants: Reed B. Varley, P.E. ~~ Appointments to the High-Rise Fire Safety Task Team City Commission Regular Meeting of September 23, 1997 (5) Resident representatives from the affected buildings The appointments will be made by Mr. Schmidt (Seat #1), Mr. Egan (Seat #2), Mr. Ellingsworth (Seat #3), Mr. Randolph (Seat #4), and Mayor Alperin (Seat #5). Applicants: Wallace D. Doud (Seagate Manor) Michael R. Heyer (Coastal House) William H. Latimer, Jr. (Delray Summit) Alfred J. Laupheimer, Jr. (Coastal House) Martin H. Rubin (Seagate Towers South) Allen T. Smith, D.D.S. (Banyan House) Robert Story (Seagate Towers North) David A. Tynan (Coastal House) *Charles J. Walsh (Delray Beach Club Apts.) (2) Building manager representatives The appointments will be made by Mr. Schmidt (Seat #1) and Mr. Egan (Seat #2). Applicants: F. Stephen Bates (Banyan House) Kenneth B. Humphries (Bar Harbour) (1) Insurance industry representative The appointment will be made by Mr. Ellingsworth (Seat #3). Applicants: Thomas E. Lynch Mel Shapanka (1) Real estate representative The appointment will be made by Mr. Randolph (Seat #4). Applicants: Terry Eichas (1) Fire sprinkler contractor The appointment will be made by Mayor Alperin (Seat #5). Applicants: Tom Dickmann Alan D. Wiginton (1) Fire protection engineer The appointment will be made by Mr. Schmidt (Seat #1) . Applicants: Reed B. Varley, P.E. September 15, 1997 Mayor Jay Alperin 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mayor Alperin: When the first notice regarding fire sprinklers being required for eleven existing condominiums in Delray Beach was received, the three individuals signature to this letter assumed the task of arranging a meeting of the representatives of each condominium. At this meeting and at two subsequent ones, the opinion of those involved were obtained. We were asked to request an extension of time before the formation of the Task Force which the City Commission graciously did. All condominiums were encouraged to submit names of qualified representatives for consideration for selection to the Task Force. With the hope that our input will be helpful, we recommend the following persons as being most capable to express the desires of the owners of the units in their buildings. These names were selected with the input of available officers and directors ofeach entity: Alien T. Smith Banyan House Robert Story Seagate Towers North Martin H. Rubin Seagate Towers South David A. Tynan Coastal House William H. Latimer Delray Summit From the manager category: Stephen Bates Banyan House Kenneth B. Humphries Bar Harbor Thank you for your consideration of these suggestions. Presideztt~Delray Sumn-a~t'~ ~' ~ P ~:~ l~lanage ,l~Banyan House CC: Vice Mayor Kevin Egan Commissioner Ken Eilingsworth Commissioner David Randolph Commissioner David Schmidt Sept. 17, 1997 Anita Barba Executive Assistant to the City Clerk 100 N.W. First Ave. Delray Beach, FL 33483 To the City Council: The Delray Beach Club Apartments and Townhouses have four towers (two are joined so it appears to be three) that will be affected if and when the Sprinkler Mandate is enforced. The Delray Beach Club Apartments and Townhouses would, therefore, like to be given consideration when the task force is put together. Mr Charles Walsh owns two units (he resides in one) at this complex and has experience with building care and safety issues. Thank you for this consideration. Scott Fader, Property Manager The Delra¥ Beach Club Apartmenls.. oo. DoM,.,~,.~ 2300 SOUT~ OCEAN BOULEVARD, DELRAY BEACH FLORIDA 33483 ~9/10/97 14:0t TX/EX N0.0432 ?.005 ~- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # /OA- REGULAR MEETING OF SEPTEMBER 23, 1997 RESOLUTION NO. 73-97 (MILLAGE LEVY ON ALL PROPERTIES IN THE CITY) DATE: SEPTEMBER 18, 1997 Resolution No. 73-97 levies a tax on all properties in the City of Delray Beach for FY 1998 as follows: 6.95 mills for operation and maintenance of the General Fund 0.85 mills for the payment of principal and interest on bonded indebtedness 7.80 mills Millage Rate The millage rate of 7.80 mills is 0.05 less than FY 1997. The rolled back rate calculated under the TRIM law for operatin9 purposes is 6.73 mills. The millage rate is 3.34% above the rolled back rate. Pursuant to the City's Charter and TRIM requirements, a public hearing must be held prior to consideration of the resolution. Recommend approval of Resolution No. 73-97. ref:agmemol6 RESOLUTION NO. 73-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $6.95 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 1997, and ending September 30, 1998. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $2,770,548,703. The operating millage rate of $6.95 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.73 per one thousand dollars ($1,000.00) by 3.27%. The aggregate millage rate, including the Downtown Development Authority Taxing District, exceeds the aggregate rolled-back rate by 3.34%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,233,280. There is hereby appropriated for the payment thereof, all revenues derived from the tax levy of $0.85 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 1997, and ending September 30, 1998, upon the taxable property of the City of Delray Beach, the assessed valuation being $2,770,548,703. Section 3. That the above millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. Section 4. That public hearings were held on the proposed budget on September 9, 1997, and September 23, 1997. PASSED AND ADOPTED in regular session on this the 23rd day of September, 1997. - 2 - Res. No. 73-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM #;D~ - REGULAR MEETING OF SEPTEMBER 23, 1997 RESOLUTION NO. 74-97 (MILLAGE LEVY ON ALL PROPERTIES IN THE DDA TAXING DISTRICT) DATE: SEPTEMBER 19, 1997 Resolution No. 74-97 levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 1998. This millage exceeds the 0.98 rolled back rate calculated under the TRIM law by 1.90%. Per TRIM requirements, tax levies for dependent special taxing districts such as the DDA must be separately discussed and adopted at the public hearing. Recommend approval of Resolution No. 74-97. ref:agmemol7 RESOLUTION NO. 74-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 1997, and ending September 30, 1998. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach is $102,656,563. The operating millage rate of $1.00 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.98 per one thousand dollars ($1,000.00) by 1.90%. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065(2) (e) (2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That public hearings were held on the proposed budget on September 9, 1997, and September 23, 1997. PASSED AND ADOPTED in regular session on this the 23rd day of i September' 1997' ~A~ ATTEST: "'~ City Clerk CERTIFICATION OF TAXABLE VALUE SECTION I 96 Year PALM BEACH County To DELRAY BEACH - D.D.A. (Name o! T&xlng Authority) (1) Current Year Taxable Value of Real Property for Operating Purposes $. 99,014,924 (2) Current Year Taxable Value of Personal Property for Operating Purposes $. 0 (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes $. 0 99,014,924 (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) $ 1,032,997 (5) Current Year Net New Taxable Value (New Cons[ruction + Additions + Rehabilitative $ Improvements Increasing Assessed Value By At Least 100% + Annexations - Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) $ 97,981,927 (7) Prior Year Final Gross Taxable Value $ 96,540,497 (From Prior Year Applicable Form DR-403 Series) I do hereby certify the values shown herein to be correct to the best of my knowledge an~L.bel, ief. Witness rj3.y, hand and official $i~'~turtof P'~'operty-Appraleer - " TAXING AUTHORITY: If this portion o! the lorm is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege Ior the tax year. If any line is inapplicable, enter N/A or -0-. SECTION !1 (8) Prior Year Operating Millage Levy $ ~ '~'~' per $1,000 (9) Prior Year Ad Valorein Proceeds (7)x (8) $ ~..iC,~ (10) Current Year Rolled-Back Rate (9) + (6) $ · ~ ~',~'/.~" per $1,000 (11) Current Year Proposed Operating Millage Rate $ I i 00¢~ per $1,000 (12) CheCk one (1) TYPE of Taxing Authority: F~County [--'-'--]Municipality I'-','~] Independent ['----~Dependent ~'"--'--'] Municipal Service J----"~--IMulti-Count¥ ____ Special District ~ ' Special District Taxing Unit ' ' (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (t4) Current Year Millage Levy for VOTED DEBT SERVICE $. --0-- per $1,000 (15) Current Year OTHER VOTED MILLAGE $. ~" per $1,000 DEPENDENT SPECIAl_ DISTRICTS SKIP lines (16) through (22) [ (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts $ & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420) (17) Tolal Prior Year Proceeds: (9) + (16) $. (18) The Current Year Aggregate Rolled-back Rate: (17) + (6) $. t,.I ~.3 per $1,000 (19) Current Year Aggregate Rolled-back Taxes: (4) x (18) $ (20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal $ .. Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate: (20) + (4) $~ ~ d}, per $1,000 (22) Current Year Proposed Rate as a PERCENT CHANGE of Roiled-back Rate: ,r'l ~ ~ % [(Line 21 + Line 18) - 1,00] x 100 Date, Time and Place o! the first Public Budget Hearing: I do hereby certify the mlllages and rates shown herein to be correCt to the best of my knowledge and belief, FURTHER, I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official signature at , Florida, this the day of .. ,19 . Slgn&t~ro a~d Title of Chic! ^dmlnletritlve Olficer Addreee el Physical Location ' ' N~ el Co~t~e~ Mailing Oily ~te Zip ~e Number r~ Number SEE INSTRUCTIONS ON R~ERSE SIDE UD CH~M~N CUMM~NCE PAGE B3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITYI~XlAGER SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF SEPTEMBER 23, 1997 RESOLUTION NO. 75-97 (FY 1998 BUDGET) & APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN DATE: SEPTEMBER 19, 1997 Resolution No. 75-97 makes appropriations of sums of money for all necessary expenditures of the City for fiscal year 1998. The appropriations are set forth in Exhibit "A" to the resolution. Pursuant to the City's Charter and TRIM requirements, a public hearing must be held prior to the adoption of the budget. Recommend approval of Resolution No. 75-97 adopting the City's budget for FY 1998. As a related item, Commission is asked to approve the Five Year Capital Improvement Plan for fiscal years 1998 through 2002 and the Capital Improvement Budget. The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000 which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan to which the City Commission will commit as part of the adopted annual budget. On September 15, 1997, the Planning and Zoning Board, as Local Planning Agency, formally reviewed the Capital Improvement Plan and Capital Improvement Budget as required by the Capital Improvement Element of the Comprehensive Plan and, by motion, made a finding that both the CIP and CIB are consistent with the Comprehensive Plan. The CIP document was provided to the City Commission under separate cover prior to the September 9th regular meeting. I recommend that the City Commission accept the finding of the Planning and Zoning Board that the Capital Improvement Plan and the Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. ref: a~emol2 ~ RESOLUTION NO. 75-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1997, TO THE 30TH DAY OF SEPTEMBER, 1998; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1997, and ending the 30th day of September, 1998, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 1997, and ending the 30th day of September, 1998. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1997, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 1997. Provided, however, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 1997. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That this resolution shall be effective on October 1, 1997. PASSED AND ADOPTED in regular session on this the 23rd day of September, 1997. City Clerk - 2 Res. No. 75-97 EXHIBIT A BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 1997-1998 DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 250,000 47,000 804,680 1,101,680 ESTIMATED REVENUES: TAXES Millage Per $1,000 AD VALOREM TAXES 6.95 18,292,550 18,292,550 AD VALOREM TAXES 0.85 2,237,220 2,237,220 AD VALOREM - DELINQUENT 98,000 98,000 AD VALOREM - DDA ~.00 97,530 97,530 Sales & Use Taxes 1,385,500 1,385,500 Franchise Taxes 3,046,000 3,046,000 Utility Taxes 5,386,000 5,386,000 Licenses & Permits 2,164, 390 2,164,390 Intergovernmental 4,973,300 44,170 1,544,360 6,561,830 Charges for Services 3,759,830 25,995,010 29,754,840 Fines & Forfeitures 473,200 473,200 Miscellaneous Revenues 2,561,100 4,330 1,004,450 11,500 3,581,380 Other Financing Sources 2,262,680 812,510 849,920 3,925,110 TOTAL REVENUES AND OTHER FINANCING SOURCES 46,639,770 101,860 27,856,140 2,405,780 77,003,550 TOTAL ESTIMATED REVENUES AND ~ALANCES 46,889,770 148,860 28,660,820 2,405,780 78, 105,230 EXPENDITURES/EXPENSES: General Government Services 5,519,920 5,519,920 Public Safety 26,079,140 26,079,140 Physical Environment 317,230 15,624,200 15,941,430 Transportation 1,305,270 1,305,270 Economic Environment 814,640 127,830 1,691,670 2,634,140 Human Services 184,240 184,240 Culture & Recreation 6,570,180 3,294,440 406,740 10,271,360 Debt Service 3,960,210 4,669,910 8,630,120 Other Financing Uses 2,119,240 4,576,520 297,440 6,993,200 TOTAL EXPENDITURES/EXPENSES 46,870,070 127,830 28,165,070 2,395,850 77,558,820 Reserves 19,700 21,030 495,750 9,930 546,410 TOTAL EXPENDITURES AND RESERVES ~46'889'770 148,860 , ,28,660,820 2,405,780 78, 105,230 THE TENTATIVE, ADOPTED AND/OR FINAL BUDGETS ARE ON FILE IN THE OFFICE OF THE ABOVE MENTIONED TAXING AUTHORITY AS A PUBLIC RECORD. PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: David Harden, City Manager FROM: John Walker, Project Coordinator.~/y'~'~ DATE: September 16, 1997 SUBJECT: CAPITAL IMPROVEMENT PLAN AND CAPITAL IMPROVEMENT BUDGET The Planning and Zoning Board has the responsibility to review the proposed CIP and CIB relative to their consistency with the Comprehensive Plan. That review took place on September 15th. Attached for your information is the staff report. After consideration, the Board made a finding that the proposed CIP and CtB are consistent with the Comprehensive Plan. MEETING OF: SEPTEMBER 15, 1997 AGENDA ITEM: VI.A. STATEMENT OF FINDING REGARDING CONSISTENCY OF THE PROPOSED CAPITAL IMPROVEMENT PLAN (ClP) WITH THE COMPREHENSIVE PLAN :..~:.:.:.~:~: ~`:~`~<~:~:~:~:~:~:~:~*:~<<~:~=~`~:~:~:~:~:~:~:*~?~:*~ :.. :.. . . *~:! ~.= : : ...?:.:....<:.~.!-..~.;:.::~.,.-.:.:;~.,:. I The item before the Board is that of making a finding that the proposed Capital Improvement Plan (ClP) is consistent with the Comprehensive Plan. The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate'over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan, to which the City Commission will commit as part of the adopted annual budget. The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review the ClB and ClP annually, pdor to their adoption by the City Commission, and to issue a statement of consistency with the Comprehensive Plan. This responsibility is expressed in Capital Improvement Element Policies A-3.3 and A-3.4. The attached draft CIP is described by funds, and includes both the sources of funds (revenues) and the use of funds (expenditures). In addition to the required five years, the ClP includes the current fiscal year account balances for clarity. Expenditures on current projects which are not completed in the current fiscal year will "carry over" into the next fiscal year. In the case of bond funds such as the Decade of Excellence Bond, all projects are shown in the current fiscal year, since these funds are committed at the time of the bond sale. Line items shown in the CIP include both discrete projects (Pompey Park Gym Floor) and annual allocations for repair and replacement (Street Reconstruction). VI.A. Planning and Zoning Board Staff Report Statement of Finding Regarding Consistency of the Proposed Capital Improvement Plan (CIP) with the Comprehensive Plan Page 2 ANALYSIS: As the CIP is compared to the Comprehensive Plan, there should be consistency with regard to the list of projects, cost estimates, and time frame. For the current proposed CIP, there is overall consistency. Projects listed in the CIP closely track the Comprehensive Plan, and are projected to be done within a comparable time frame. The following items are noteworthy: · There is a consistent level of funding allocated to the water and sewer funds. Although specific projects are not necessarily identified, sufficient funds are allocated to meet maintenance needs as they appear, in addition to scheduled projects identified in the master plans. In this way, both system maintenance and upgrades can be accomplished in an orderly manner. · Most projects in the CIP represent either implementation of adopted master plan components, or renewal and replacement (maintenance) items for existing systems. · Stormwater fee projects, formeriy listed by drainage area, have been retitled as individual projects have been designed. Projects committed in the Comprehensive Plan are included in the CIP. There are no projects proposed in the CIP which are inconsistent with the directives of the Comprehensive Plan. Adjustments to the Five Year Schedule of Improvements will be proposed with Comprehensive Plan Amendment 97-1 (EAR-based amendment) to reflect the adopted CIP. An additional analysis of the proposed CIP was made relative to citizen comments at the Town Hall meeting. This review found that the infrastructure needs identified have been accomplished, included in departmental operating budgets, or included in the CIP, as appropriate to the scope of the work. By motion, make a finding that the proposed Capital Improvement Plan (ClP) and Capital Improvement Budget (ClB) is consistent with the Comprehensive Plan. Attachment: · Proposed ClP S:ADV~COMP~PZCIP MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY~AGER SUBJECT: AGENDA ITEM #/0D - REGULAR MEETING OF SEPTEMBER 23, 1997 ORDINANCE NO. 34-97 (WATER RATES) DATE: SEPTEMBER 17, 1997 This is second reading and a public hearing for Ordinance No. 34-97 which amends Chapter 52, "Water", of the City Code to provide that the water rates be adjusted upward by 2% effective October 1, 1997. The rate increase is necessary to fund the water/sewer and capital budgets as presented for FY 1998 and will allow the City to do the following: ** continue our "pay as you go" concept in the water/sewer utility, avoiding costly bond issues for construction projects; ** provide a $2,500,000 renewal and replacement transfer, representing 2.5% of water/sewer assets (not including land), to fund major on-going maintenance programs including 2" line replacement, rehabilitation of Intracoastal water line crossings, removal of corrosion and painting of elevated water tank, water line upgrades and extensions to upgrade pressure and fire flows, relocation of Military Trail water mains to accommodate Palm Beach County road project, and rehabilitation of our raw water wells; ** provide $765,000 of new capital funds for new water lines to Bermuda Gardens Road, upgrade of backwash pumps at the Water Treatment Plant, acquisition of land and construction of a new chemical storage building, as well as providing protected shelter for our portable emergency generators, and the installation of a double wall tank to store polymers; ** provide for a self-supporting operating budget with $0 coming from prior year surplus which is important for our bond credit ratings and financial stability; ** provide for the final installment of funds needed to replace our large meter inventory with high accuracy, low flow meters; and ** provide preliminary funding to start our small meter replacement program which is to be funded over an 8 year period to replace outdated meters with accurate automatic-read meters. At first reading on September 9, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 34-97 on second and final reading. re f: agmemo 9 ORDINANCE NO. 34-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52 . 34, "WATER RATES" , SUBSECTION 52 . 34 (B) , TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 1997/98; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", subsection 52.34(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Inside Outside Type of Customer City City Residential Customer charge (per meter) $ ~/~ 1.61 $ ~/~ 2.01 Capacity charge (charged to all customers, per residential dwelling unit) ~/~ 7.93 9/~ 9.91 Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons ~/~ 1.09 ~/~ 1.36 4,000 to 20,000 gallons ~ 1.20 ~/~ 1.50 21,000 to 35,000 gallons ~/~9 1.32 ~/6~ 1.65 36,000 to 50,000 gallons ~/~ 1.43 ~/~ 1.79 Above 50,000 gallons ~/6~ 1.64 ~/~ 2.05 Nonresidential and Irrigation Customer charge (per meter) $ ~/~ 1.61 $ ~/9~ 2.01 Capacity charge (based upon meter size): 3/4-inch meter ~/~ 7.93 ~/~ 9.91 1-inch meter ~/9~ 13 24 ~/~ 16 55 1-1/2-inch meter ~/~9 26 41 ~/~ 33 01 2-inch meter ~/~ 42 27 ~/~ 52 84 3-inch meter 9~/~ 92 54 ~/~ 115 68 4-inch meter ~6~/~ 166 54 ~/~ 208 18 6-inch meter ~6~/~ 370 10 ~/~ 462 63 Commodity charge (all metered consumption-per 1,000 gallons) ~/~ 1.20 ~/~ 1.50 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 1997. - 2 - Ord. No. 34-97 PASSED AND ADOPTED in regular session on second and final reading on this the 2~r~ - day of ~n~mhpr , 1997. ATTEST: ~ City Clerk First Reading September 9 1997 Second Reading $~ptember 23° 1997 - 3 - Ord. No. 34-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF SEPTEMBER 23, 1997 ORDINANCE NO. 35-97 (SEWER RATES) DATE: SEPTEMBER 17, 1997 This is second reading and a public hearing for Ordinance No. 35-97 which amends Chapter 53, "Sanitary Sewers", of the City Code to provide that the sewer rates be adjusted upward by 2% effective October 1, 1997. The rate increase is necessary to fund the water/sewer and capital budgets as presented for FY 1998 and will allow the City to do the following: ** continue our "pay as you go" concept in the water/sewer utility, avoiding costly bond issues for construction projects; ** provide a $2,500,000 renewal and replacement transfer, representing 2.5% of water/sewer assets (not including land), to fund major on-going maintenance programs including inspection and rehabilitation of Intracoastal sewer line crossings, rehabilitation of deteriorated sewer pumping facilities, conversion of "can" stations to low maintenance submersible pump stations, rehabilitation of deteriorated sewer mains (sealing, lining, reconstruction, or replacement), phase II of the Highland Beach force main project, and rehabilitation of the Southeast Interceptor main sewer line; ** provide $765,000 of new capital funds for new sewer lines to Bermuda Gardens Road, installation of lining in existing 24" Intracoastal Waterway crossing, and reconnection of east and west ends to force main manifold to provide auxiliary raw sewage crossing line; and ** provide for a self-supporting operating budget with $0 coming from prior year surplus which is important for our bond credit ratings and financial stability. At first reading on September 9, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 35-97 on second and final reading. ref: agmemol 5 ORDINANCE NO. 35-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE" , SUBSECTION 53 . 130 (D) , TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 1997/98; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of sewer services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: · II II Section 1 That Title V, Public Works , Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection 53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) The following rates and charges shall be collected from the users of the City sewerage system: (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Residential Inside City Outside City (a) Customer charge $ ~/~ 1.61 $ ~/9~ 2.01 (b) Capacity charge (per residential dwelling unit) 9/~6 9.65 ~/~ 12.06 (c) Commodity charge (based on metered water with maximum of 12,000 gallons): City (per 1,000 gallons) ~/~ 1.17 ~/~ 1.46 South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) /~ 0.70 /9~ 0.88 NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. (2) Nonresidential/co~,,,~rcial units. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Nonresidential/Commercial Inside City Outside City (a) Customer charge: $ ~/~ 1.61 $ ~/9~ 2.01 (b) Capacity charge (per meter): 3/4-inch meter $ 9/~ 9.65 $ ~/~ 12.06 1-inch meter ~/~9 16.11 ~9/~ 20.14 1-1/2 inch meter ~/~ 32.11 ~/~ 40.14 2-inch meter ~/~ 51.40 ~/~ 64.25 - 2 - Ord. No. 35-97 3-inch meter ~L~ 112.52 ~/~9 140.65 4-inch meter ~9~/~ 202.47 ~L~ 253.09 6-inch meter ~/~ 449.98 ~/~ 562.48 (c) Commodity charge: City (per 1,000 gallons) ~/~ 1.17 ~/~ 1.46 South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) ~/~ 0.70 ~/9~ 0.88 NOTE (1): For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or sewer service is available for connection, there shall be a monthly customer charge of $5.00 and a capacity charge as set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. NOTE (2): ~he customer charges and capacity charges as set forth in this section shall be due and payable each and every month, regardless of whether or not the water service is available or the water meter is actually turned on or off and without regard to usage or occupancy. (3) Sewerage flow determination. The number of gallons of monthly sewerage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be used to measure actual sewerage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. - 3 - Ord. No. 35-97 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 1997. PASSED AND ~OPTED in regular session on second and final reading on this the 23rd day of September , 1997. City Clerk First Reading ~p~mh~r g: lgg7 Second Reading ~p~mb~r 2~ lgg7 - 4 - Ord. No. 35-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY FuM~I'AGER SUBJECT: AGENDA ITEM #/DF- REGULAR MEETING OF SEPTEMBER 23, 1997 ORDINANCE NO. 36-97 (GARBAGE RATES) DATE: SEPTEMBER 17, 1997 This is second reading and a public hearing for Ordinance No. 36-97 which amends Chapter 51, "Garbage and Trash", of the City Code to provide that the collection rates for garbage, trash, recycling, vegetative and bulk waste services be adjusted upward by 2.8% effective October 1, 1997. This increase is necessary in order to fund the sanitation operating budgets as presented for FY 1998. The contract between the City and Browning-Ferris Industries, Inc. (BFI) allows for the collection portion of the sanitation rates for both residential and commercial to be adjusted upward or downward according to the Consumer Price Index. The current adjustment for the year starting October 1, 1997, is 2.8%. The contract also allows for an upward or downward adjustment to the disposal fee for commercial container services according to changes made by the Solid Waste Authority. The Solid Waste Authority has advised that there will be no change in the per ton disposal fee charged to haulers for the upcoming year. Therefore, no rate adjustment is required for disposal costs. At first reading on September 9, 1997, the Commission passed the ordinance by a vote of 4 to 1 (Mr. Randolph dissenting). Recommend approval of Ordinance No. 36-97 on second and final reading. ref:agmemol4 ORDINANCE NO. 36-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL SERVICE, MULTI-FAMILY AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 1997/98; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Monthly Service Cost Per Unit Garbage Collection $ ~/~ 2.58 Recycling ~/~ 1.44 Yard Trash ~/~ 1.34 Bulk Trash ~Z~ 0.21 Total Fees - Contractor $ ~/~ 5.56 Cart Replacement 0.90 Administrative Fee 0.35 Franchise Fees (5%) ~f~ 0.28 Total Fees $ ~9~ 7.10 ReardoorOwner Container Monthly Service Cost Per Unit Garbage Collection $ ~/~ 8.07 Recycling ~/~ 1.44 Yard Trash ~/~9 1.34 Bulk Trash ~ 0.21 Total Contractor $~]~ 11.06 Fees Administrative Fee 0.35 Franchise Fee (5%) ~ 0.55 Total Fees $~6~ 11.96 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $ ~/~ 1.59 Recycling ~/~ 1.24 Yard Trash ~/~9 1.34 Bulk Trash ~ 0.21 Total Fees - Contractor $ ~/~6 4.38 Administrative Fee 0.35 Franchise Fee (5%) ~]2~ 0.22 Total Fees $ ~ 4.95 (B) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall include a container charge and - 2 - Ord. No. 36-97 a per unit charge. If the amount of refuse generated requires more than two (2) times per week collection, then the third (3rd) and all subsequent collections shall be charged the commercial collection rate only. Multiple-Family Rates Container Monthly Maintenance Charge Total Container Size Monthly Cost Franchise Fee Container Fees 2 yd. $19.40 $1.94 $21.34 3 yd. 21.44 2.14 23.58 4 yd. 22.21 2.22 24.43 6 yd. 25.53 2.55 28.08 8 yd. 27.09 2.71 29.80 Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $~/~ 1.39 Recycling ~]~ 0.82 Total Per Unit Fee-Contractor $~/~ 2.21 Administrative Fee 0.35 Franchise Fee (10%) ~ 0.22 Total Monthly Fees Per Unit $~ 2.78 (C) Commercial (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. - 3 - Ord. No. 36-97 (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than six days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Co~mmercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) Collection $ ~/~6 $ %~/~ $ ~6/~ $ ~/9~ $ ~/~¢ $ ~/~ 9.01 17.99 27.00 36.00 44.99 53.99 Disposal 13.35 26.69 40.04 53.39 66.73 80.08 Container Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 Total - Contractor Fees $ ~/~% $ ~/~9 $ ~/1~ $~1/~ $~9/~9 $~/~ 41.76 64.08 86.44 108.79 131.12 153.47 Franchise Fees (10%) ~/~ ~]Z~ ~/~ ~]~ ~2199 ~/2~ 4.18 6.41 8.64 10.88 13.11 15.35 Total Fees $ ~66 $ 69~9~ $ 9~ $~9 $~~ $I6~9 45.94 70.49 95.08 119.67 144.23 168.82 Ord. No. 36-97 Collection $ ~1~ $ ~61~ $ ~/~ $ ~/~ $ ~l~ $ ~l~ 13.50 27.00 40.49 53.99 67.49 .80.99 Disposal 20.02 40.04 60.06 80.08 100.10 120.12 Container Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 Total - Contractor Fees $ ~/~ $ ~/~ $~/~ $~/~ $~/~ $~/~ 54.96 88.48 121.99 155.51 189.03 222.55 Franchise 5.50 8.85 12.20 15.55 18.90 22.26 Total Fees $ 6~19~ $ 96~% $%~19~ $%691~ $~9~9% $~; 60.46 97.33 134.19 171.06 207.93 244.81 4 yd Collection $ ~/~9 $ ~/~Z $ ~/~ $ ~/9~ $ ~/~ $~/9~ 17.99 36.00 53.99 71.98 89.99 107.98 Disposal 26.69 53.39 80.08 106.77 133.47 160,16 Container Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 Total - Contractor Fees $ 6~/~9 $~/6~ $~/~ $~9~/~9 $~/~ $~/~ 66.89 111.60 156.28 200.96 245.67 290.35 Franchise Fees (10%) ~ ~ ~ ~9~9~ Z~ZZ ~ 6.69 11.16 15.63 20.10 24.57 29.04 73.58 122.76 171.91 221.06 270.24 319.39 - 5 - Ord. No. 36-97 6yd Collection $ ~I~ $ ~I~ $ 7~17~ $~9~19~ $~1~ $~1~ 27.00 53.99 80.99 107.98 134.98 161.97 Disposal 40.04 80.08 120.12 160.16 200.20 240.24 Container Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 Total - Contractor Fees $ ~/~ $~/~ $~/~ $~9~/~ $~/~ $~/~ 92.57 159.60 226.64 293.67 360.71 427.74 Franchise Fees (10%) 9/~ ~ Z~/~ Zg/~ ~ ~Z~Z 9.26 15.96 22.66 29.37 36.07 42.77 Total Fees $~1~ $~9~ SZ~fi~ $~9~ $~9~ $~fl~6~ 101.83 175.56 249.30 323.04 396.78 470.51 8~d Collection $ t~1~ $ 1~1~1 $~1~ $I~1~ $I1~1~¢ $~1~ 36.00 31 · 98 107.98 143.98 179.96 215.96 Disposal 53.39 106.77 160,16 213,55 266.93 320.32 Container Maintenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 Total - Contractor Fees $~/~ 116.48 205.84 295.13 384.62 473.98 563.37 Franchi se Fees (10%) 11.65 20.58 29.51 38.46 47.40 56.34 Total Fees $~~ $~~ 128.13 226.42 324.64 423.08 521.38 619.71 - 6 - Ord. No. 36-97 95-Gallon Cart Service Pickups Per Week Monthly Charge* Franchise Fee Total Monthly Fee 1 $ ~/~ 26 64 $ ~/~ 2 66 $ ~/~ 27 30 2 $ ~/~ 51 86 $ ~/~ 5 19 $ ~/96 57 05 3 $ ~/~ 78 56 $ ~/~ 7 86 $ ~/~ 86 42 4 $~/~104 54 $~/~10 45 $~/~114 99 5 $~7/99130 49 $~2/~9.13 05 $~/¢9143 54 6 $~/6~55 73 $~/~615 57 $~¢~/~171 30 *These rates include collection and container maintenance fees. NOTE: The foregoing rates are based on $23.00 per ton ($1.54 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 1996. (D) The charges set forth above for mechanical containers and rollout carts shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the City or provided by the City's contractor shall be used. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 1997. - 7 - Ord. No. 36-97 PASSED AND ~OPTED in regular session on second and final reading on this the 2~ day of Septemb~ ~ / , 1997. ~TTEST: City Clerk First Reading September 9~ 1997 Second Reading Septe~er 23. 1997 i! - 8 - Ord. No. 36-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITYMg2~AGER SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF SEPTEMBER 23, 1997 ORDINANCE NO. 37-97 (UTILITY TAX) DATE: SEPTEMBER 17, 1997 This is second reading and a public hearing for Ordinance No. 37-97 which amends Chapter 50, "Utilities Generally; Public Service Tax", of the City Code by increasing the utility tax. This is pursuant to direction from the Commission at the August 5th regular meeting. A copy of the minutes is attached. The increase (two-tenths of one percent) is necessary to insure adequate funding of the Beautification Fund. We recently learned that the 1997 Legislature amended the enabling legislation for the Public Service Tax to only allow rate changes on October 1, January 1, April 1 and July 1; and then require 120 days notice to the State Department of Revenue prior to implementing any rate change. Therefore, this rate increase will not become effective until April 1, 1998. Recommend approval of Ordinance No. 37-97 on second and final reading. ref:agmemoll The City Attorney stated that as of July 31, 1997, the total amount of the liens and accrued interest is $1,646.50. The offer to satisfy all the existing liens on the property at this time is $1,000.00. Mayor Alperin stated that the Commission has been consistent in the past about not accepting less than what is owed unless the property was being turned over for a municipal purpose such as an affordable housing project. Mr. Egan moved to deny the offer to satisfy liens against property at 123 N.W. 10th Avenue, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. Mr. Scb. midt stepped back up to the dais. 9.E. REQUEST FOR FUNDING/CENTER FOR EMPLOYMENT TRAINING: Consider a request from The Center for Employment Training for funding of Delray Beach residents seeking to enroll in the CET training program. The City Manager stated that this request was received because of some delays in the Center for Employment Training getting other funding. From what we have been able to learn, CET seems to be a very effective organization but this particular type of program is something the City has not been involved in in the past plus this is not the best time in the budget year to be requesting funding. He noted that the Center for Employment Training does have some other funding that looks as if it could be made available, so at this time the staff recommendation is that the funding request be denied. The Center has submitted a request for a grant from the City out of the FY 1998 budget which will be considered through the normal budget process. Mr. Ellingsworth moved to approve the staff recommenda- tion that the funding request be denied, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.F. FY, 1998 BEAUTIFICATION FUND BUDGET: Consider alterna- tive proposals for balancing the Beautification Fund. The City Manager stated that it has been mentioned to the Commission over the past few years that the Beautification Fund would eventually run out of money. There are several areas (Atlantic Avenue east of the Intracoastal Waterway, the 1-95 sound barrier wall, Lake Ida Road) where at some point in the course of the next year the one year contractual maintenance will end and the City will have to assume maintenance responsibility. Based on estimates of these additional costs, the Beautification Fund as presented in the proposed FY 98 budget shows a deficit of 8 8/o5/97 about $100,000. To deal with this problem, the City Manager had presented three options. The first option is to shift enough areas to the General Fund to balance the Beautification Fund and cover the cost by cutting back other General Fund programs. This means that maintenance would essentially be paid for out of property taxes and we would have to find another $100,000 to cut out of the General Fund. A second option is to shift enough areas to the General Fund to balance the Beautification Fund and direct Parks and Recreation to do the best they can with the resources they have. The City Manager felt that this option would result in rapid deterioration in the appearance of many public areas of the city. The Parks Maintenance staff already has difficulty keeping up with their workload. The third option and the one recommended by the City Manager is that the Commis- sion consider increasing the utility tax by two-tenths of one percent (from 9.5% to 9.7%) and adding that to the Beautification Trust Fund so that the Trust Fund would be getting 1.2% instead of just 1%. The bond issue for the initial beautification is about ten years old so there are about ten more years before that would be paid off. At the time it is paid off, it is probable the utility tax could be reduced some. It is growing on an annual basis as the City grows and hopefully that growth would keep pace with cost increases over the years. Another option is to let the Fund run a deficit this year but that just postpones the problem. In terms of how this increase would affect the public, for someone who has an average electric bill of $300 per month, it would cost them an extra 60 cents a month. Mr. Randolph stated that he feels the City needs to look closely at future beautification projects to ensure that sufficient funding will be available for maintenance. The Parks and Recreation crews are trying very hard to keep up with all of the maintenance, but there are some areas that need closer attention if they are going to be maintained properly. Mr. Randolph stated he would support option #3, the utility tax increase, if it will get us to where we can keep the City looking good. It was the consensus of the Commission to support option #3, the utility tax increase. The City Manager stated that the appropriate ordinance to amend the utility tax would be brought back as part of the budget package. 9.G. FY 1998 GENERAL FUND BUDGET/STATUS REPORT. The City Manager gave the following status report. The budget is balanced. It has set aside in it $150,000 for the Commission to deal with the requests from the Library, Old School Square and Pineapple Grove. One possibility is for both Old School Square and Pineapple Grove to receive the full amount requested, $60,000 and $30,000 respectively, with the remaining $60,000 going to the Library which would increase their budget by ten percent. He noted that he had provided to the Commission an analysis of the Library budget and what they propose to do with 9 s/05/97 ORDINANCE NO. 37-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SUBHEADING "PUBLIC SERVICE TAX", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 50.15, "LEVY OF TAX", TO INCREASE THE UTILITY TAX FOR THE PURPOSE OF FUNDING THE CITY'S BEAUTIFICATION PROGRAM; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Beautification Fund was established for the purpose of financing capital and operating expenses incurred in projects for the beautification of the public rights-of-way within the City and the maintenance of such beautification projects; and WHEREAS, the City's Beautification Program is funded through the levy of a utility tax; and WHEREAS, the City Commission has determined that it is necessary and appropriate to increase the utility tax to insure adequate funding of the Beautification Fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 50, "Utilities Generally; Public Service Tax", Subheading "Public Service Tax", Section 50.15, Levy of Tax", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: Section 50.15 LEVY OF TAX. (A) Electricity and Gas. (1) (a) The City hereby levies a tax on the purchase of electricity and metered or bottled gas (natural liquefied petroleum gas or manufactured). The tax shall be levied only upon purchases within the City in the amount of ~/~ 8.7% of the payments received by the seller of the taxable item from the purchaser for the purchase of metered or bottled gas (natural liquefied petroleum gas or manufactured), and in the amount of 9/~ 9.7% of the payments received by the seller of the taxable item from the purchaser for the purchase of electricity. (b) For each residential dwelling unit, the first 90 kilowatt hours of electricity purchased each month for residential use shall be exempt from the tax levied by this subsection. (c) This tax shall not be applied against any fuel adjustment charge, and such charge shall be separately stated on each bill. The term "FUEL ADJUSTMENT CHARGE" means all increases in the cost of utility services to the ultimate consumer resulting from an increase in the cost of fuel to the utility subsequent to October 1, 1973. (d) This tax shall in every case be paid by the purchaser, for the use of the City, to the seller of such electricity or gas at the time of paying the charges therefor to the seller thereof, but not less often than monthly. (2) To the extent such sums are not otherwise required to meet current or future utility tax certificate bond covenants, and/or debt service on same, that portion of the revenues attributable to the increase in the tax from 7.5% to ~/~ 8.7% shall be transferred monthly to the City of Delray Beach Beautification Program, to be used for capital and operating expenses incurred in projects for the beautification of the public rights-of-way within the City and the maintenance of such beautification projects Any revenues transferred to such Fund in excess of Fund expenditures in any fiscal year shall be retained and reappropriated in the Fund in the next fiscal year, such use being subject to the prior lien enjoyed by the holders of outstanding and future parity obligations of the City secured by the utility services tax of the city. (3) Services competitive with those enumerated in division (A) (1) above or in division (B) shall be taxed on a comparable base at the same rates. However, because this City imposes a tax which is less than the maximum rate of 10% allowable by F.S. Section 166.231(1), the maximum tax on fuel oil shall bear the same proportion to $.04 per gallon which the tax rate of ~/~ 8.7% levied under division (A) (1) (a) bears to the maximum rate of 10% allowable by F.S. Section 166.231(1). (4) The purchase of natural gas or fuel oil by a public or private utility, either for resale or for use as fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines is exempt from taxation hereunder. - 2 - Ord. No. 37-97 (5) The City hereby exempts from taxation hereunder the purchase of the taxable items by the United States Government, this state, or any other public body as defined in F.S. Section 1.01 and shall exempt purchases by any recognized church in this state for use exclusively for church purposes. (6) The tax authorized hereunder shall be collected by the seller of the taxable item from the purchaser at the time of the payment for such service. The seller shall remit the taxes collected to the City in the manner prescribed by this subchapter. (7) The City shall notify in writing any known seller of items taxable hereunder of any change in the boundaries of the city or in the rate of taxation. All qualifying businesses, as defined in F.S. Section 212.08(15) located within the City's enterprise zones shall be exempt from the payment of 50% of the City tax on the purchase of electricity, as permitted by F.S. Section 166.231(8). (B) Telecommunications Services. (1) Definitions. For purposes of this division (B), the following definitions shall apply: (a) "PURCHASE." Every act or transaction whereby possession or utilization of, or control over taxable telecommunications services become vested in the purchaser within the City for which payment is made pursuant to a duty and obligation therefor. However, such term shall not pertain to, nor include any such act or transaction when undertaken or performed by an agency or instrumentality of the United States Government, the State of Florida, the county, a municipality, or a recognized church in the state if used exclusively for church purposes; nor shall such term apply to purchases of local telephone service or other telecommunication service for use in the conduct of a telecommunications service for hire or otherwise for resale. (b) "PURCHASER." Every person legally liable for the payment of taxable telecommunication services rendered to him by a seller, unless such person is an agency or instrumentality of the United States Government, the State of Florida, the county, a municipality, or a recognized church in this state using taxable telecommunication services exclusively for church purposes, or a purchaser of local telephone service or other telecommunication services for use in the conduct of a telecommunication service for hire or otherwise for resale. - 3 - Ord. No. 37-97 (C) "PURCHASE WITHIN THE CITY." A purchase is within the City if the communication originates or terminates within the City and is billed to a purchaser, telephone or telephone number, or telecommunications number or device within the City. (d) "SET.T.RR." Every person rendering taxable telecommunications services to any purchaser thereof. (e) "TAXABLE TELECOMMUNICATION SERVICES." Purchases within the City of telecommunication services which originate and terminate in this state. However, if the location of origination and termination of telecommunication service cannot be determined, the taxable telecommunication service shall be the total amount billed to a telephone or telephone number, telecommunication number or device, or a customer's billing address located within the City. Such taxable telecommunication services shall not include public telephone charges collected on site, charges for any foreign exchange service or any private line service except when such services are used or sold as a substitute for any telephone company switch service or dedicated facility by which a telephone company provides a communication path, access charges, and any customer access line charges paid to a local telephone company. Purchases within the City of telecommunication services as defined in F.S. Section 203.012 (5)(b) shall be taxed only on the monthly recurring customer service charges, excluding variable usage charges. (F.S. Section 166.231(9) (a) (2)) (2) Levy of Tax. There is hereby levied and imposed by the City, upon every purchase in the City of taxable communications and services and competitive services, a public service tax which shall be determined as follows: (a) The tax shall be levied only upon purchases within the City in the amount of seven percent (7%) of the payments received by the seller of the taxable telecommunications services from the purchaser for the purchase of such service within the City. Services competitive with those enumerated above shall be taxed on a comparable base at the same rates. (b) When the seller, in accordance with its rules and regulations, renders a bill to the purchaser to cover purchases made during the period of time to which the bill is applicable, the amount of public service tax shall be exclusive of governmental charges and taxes shown on such purchases for the total amount. - 4 - Ord. No. 37-97 (c) The seller is required and it shall be his duty to render to the purchaser bills covering all such purchases made. The amount of such public utility tax shall be entered and shown by the seller as a separate item on each such bill and shall become due and payable to the City whenever the bill becomes due and payable under the rules and regulations of the seller, provided and to the extent that such bills are subsequently paid. (d) The purchaser is required and it shall be his duty to pay such public utility tax to the seller as agent for the City at the time of the payment of each such bill. The seller is hereby authorized and required and it shall be his duty to collect such public utility tax from the purchaser at the time of the payment of each bill and to remit the same to the Finance Department of the City in accordance with the provisions hereinafter stated. (3) Exemptions. Purchases of the taxable telecommunications services by the United States Government, the State of Florida, the county, a municipality, any recognized church in this state if used exclusively for church purposes, and purchases of local telephone service or other telecommunication service for use in the conduct of a telecommunication service for hire or otherwise for resale are exempt from taxation under the terms of this division (B). (4) Seller Compensation. For the purpose of compensating the seller of taxable telecommunications services, such seller shall be allowed one percent (1%) of the amount of the tax collected for such taxable telecommunication services and due to the City in the form of a deduction from the amount collected for remittance. The deduction is allowed as compensation for the keeping of records, collection of the tax, and remitting the tax. (5) Remittance of Tax to the City by Seller. Every seller is hereby required to execute and file not later than the twentieth day of each calendar month of the year at the office of the Finance Department of the City a statement setting forth the amount of the public utility tax on taxable telecommunication services to which the City became entitled under the provisions hereof an account of bills paid by purchasers during the preceding fiscal month, and contemporaneously with the filing of such statements, shall pay the amount of such public utility tax on taxable telecommunications services to the Finance Department of the City. - 5 - Ord. No. 37-97 (6) Records to be Kept. Every seller is hereby required to establish and maintain appropriate accounts and records of the tax herein imposed as prescribed and required by the Federal Communications Commission and the Public Service Commission. The City may audit the records of any provider of telecommunications service taxable by the City; each such provider shall provide to the City, upon sixty (60) days' written notice, access to all applicable records for such telecommunications service. In an audit, the telecommunications service provider shall be liable only for its taxable accounts collected corresponding to the information provided to it by the municipality. However, notwithstanding the provisions of F.S. Section 119.14, any information received by the City in connection with such an audit shall be confidential and not subject to the provisions of F.S. Section 119.07(1). This exemption is subject to the Open Government Sunset Review Act in accordance with F.S. Section 119.14 (7) Beautification Proc3ram. That portion of the revenues which would have been attributable to any increase from 7.5% to ~/~ 8.7% in the utility tax on local telephone service previously provided in division (A) of this section shall be earmarked and transferred monthly to the City Beautification Program, to be utilized for the purposes set forth in division (A) (2) of this section. (8) The City shall provide to a telecommunications service provider who is responsible for collecting the tax, upon its request, a printed alphabetical listing of all street names, including block numbers and street numbers for streets which cross or form city boundaries within the City for use by the provider of the telecommunications service in calculating the proper amount of tax payable to the City. The City shall be responsible for updating this listing as changes occur and providing this information to the telecommunications service provider. The provider, in turn, shall be responsible for charging the tax only to service and billing addresses contained in this listing. The City shall be entitled to collect a fee not to exceed the actual cost of providing the information to the telecommunications service provider requesting it. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 6 - Ord. No. 37-97 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on ~ril 1, 1998. PASSED AND ~OPTED in regular session on second and final reading on this the 23rd day of Septe~er . , 1997. ATTEST: First Reading Septe~er 9, 1997 Second Reading Septe~er 23, 1997 - 7 - Ord. No. 37-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~I~CITY MJ~AGER SUBJECT: AGENDA ITEM #/0/~~ REGULAR MEETING OF SEPTEMBER 23, 1997 ORDINANCE NO. 33-97 (MIXED INDUSTRIAL AND COMMERCIAL DISTRICT) DATE: SEPTEMBER 19, 1997 This is second reading and the second public hearing for Ordinance No. 33-97 which amends LDR Section 4.4.19, "Mixed Industrial and Commercial (MIC) District". The ordinance clarifies the purpose and intent of the district and also amends the allowable uses. Ordinance No. 33-97 reflects the changes directed by the Commission with respect to the location of certain uses with outside storage being confined to less visible locations on non-arterial roadways. At first reading on September 9, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 33-97 on second and final reading. ref:agmemol8 ORDINANCE NO. 33-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4 4 19 "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.19 (A), "PURPOSE AND INTENT", TO CLARIFY THE INTENDED GOAL OF THE DISTRICT; AMENDING SUBSECTION 4.4.19(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", AND SUBSECTION 4.4.19 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO MODIFY THE ALLOWABLE USES WITHIN THE MIXED INDUSTRIAL AND COMMERCIAL DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6 the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on July 21 1997 and forwarded the changes with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(A), "Purpose and Intent" of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.4.19 Mixed Industrial and Corm~ercial (MIC) District: (A) Purpose and Intent: The Mixed Industrial and Commercial (MIC) District is created in order to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturinq and trade sectors, with supportinq business and professional office functions. ~ /~~ /~ ~~I/ //¢ff~¢~ /~ /~ ~etail uses are appropriate on a limited basis, ~ and only as a secondary use ~ within the district. located in areas designated for the primary use - industry and commerce - as shown on the Future Land Use Map. Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the MIC District as a permitted use: (1) Industrial Uses. The manufacturing, fabrication ~~ and wholesale of items and other uses as described ~ in Section 4.4.20(B)(17, (27 and (37. (2) Service Industry. Uses which provide an off-site service but maintain inventory, storaqe and an office at a central location, as described in Section 4.4.20(B7 (57. (37 Business and Professional Offices, includinq, but not limited to finance, insurance, real estate, accountinq and bookkeepinq services, advertisinq services, photoqraphic studios, architectural and enqineerinq services, computer and data processinq services, correspondence and vocational schools, credit reportinq and collection, detective and protective services, leqal services, travel aqencies, and qeneral offices for an individual, partnership or corporation. - 2 - Ord. No. 30-97 (4) Retail trade. Retail uses as a secondary use within any one building that has as its primary occuDant an industrial or service industry use, but only to the extent that the floor area for all retail use (either accessory to an industrial use or not) shall not exceed 25% of the floor area of the total building. Although an intent of this Zoning District is to allow retailing of items manufactured, fabricated ~~, or wholesaled on-site, additional retail uses may be allowed. Such additional uses may include but are not limited to: (a) Apparel and accessory stores (b) Bakeries (c) Building materials and garden supplies, except mobile home dealers (d) Camera and photographic equipment and supplies (e) Hobbies, games and toys (f) Jewelry, gifts, novelties (g) Luggage and leather goods (h) Mail order houses (i) Radio and television sets (j) Seasonal holiday items (Christmas trees, fruit baskets, other seasonal items) (k) Sporting goods, including bicycles (5) Interior Design and Furnishings: The wholesale, retail, storage and distribution of home furnishings, floor coverings, wall coverings, lighting, and other items related to the finishing and furnishing of interior space. (6) Other Processes and Activities: The followinq activities may also be conducted: (a) Dry cleaninq and launderinq (b) Emissions testinq Section 3. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: (1) The following uses are allowed as conditional uses within the MIC Zone District: - 3 - Ord. No. 33-97 ~y (a) Adult Entertainment Establishments, pursuant to the provisions of 2.4.5(E). I11 (b) Kennels, no on-site disposal of carcasses (c) Material and component recovery for reuse, such as the disassembly and resale of computer components, appliances, and electrical components. This does not include resource recovery facilities as described and requlated by Section 4.3.3(Z). /gl (d) Towing services, with no outside storaqe. (e) Automobile paint, body, and repair shops (f) Boat repair and service ..(2) The followinq additional uses are also allowed as conditional uses in the MIC zoninq district However, any outside storaqe associated with such uses may not be located within on~ hundred and fifty feet (150') of any property line adjacent to an arterial roadway (excludinq Interstate 95): (a) Lumberyards (b) Garaqes and lots for the parkinq and storaqe of vehicles, includinq the storaqe of liqht trucks, up to and includinq two-ton trucks (c) Storaqe and rental of liqht construction equipment not over twenty-four feet (24') lonq, eiqht feet (8') wide, and ten feet (10') hiqh (d) Monument and ornamental stone cuttinq (e) Rental and sales of modular buildinqs - 4 - Ord. No. 33-97 Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 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 23rd day of September , 1997. ATTEST: First Reading September 9, 1997 Second Reading September 23, 1997 - 5 - Ord. No. 33-97 MEMORANDUM TO: _~YOR AND CITY COMMISSIONERS ,~V FROM: ~fITY MANAGER SUBJECT: AGENDA ITEM #/0t- REGULAR MEETING OF SEPTEMBER 23, 1997 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 38-97 (REZONING FOR PARKING LOT ASSOCIATED WITH ST. PAUL'S EPISCOPAL CHURCH) DATE: SEPTEMBER 17, 1997 This is second reading and a quasi-judicial public hearing for Ordinance No. 38-97 which rezones a 0.224 acre parcel of land from RM (Medium Density Residential) District to CF (Community Facilities) District for St. Paul's Episcopal Church. The subject property is located on the west side of S.W. 1st Avenue, approximately 140 feet north of S.W. 2nd Street. The proposal incorporates the south half of Lot 15 and all of Lot 16, Block 54 of the resubdivision of the south half of Block 54, Town of Delray. The subject property is vacant. The rezoning is requested to accommodate a 24 space parking lot to be used for overflow parking associated with St. Paul's Episcopal Church. Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff report. At its meeting of August 18, 1997, the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. There was no public testimony, and the Board voted 6 to 1 (McCarthy dissenting) to recommend that the rezoning request be approved, based upon positive findings with respect to policies of the Comprehensive Plan, Chapter 3 (Performance Standards), and Section 2.4.5(D) (5) of the Land Development Regulations. At first reading on September 9, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 38-97 on second and final reading based upon positive findings and the recommendation of the Planning and Zoning Board. ref:agmemol3 ORDINANCE NO. 38-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF S.W. lST AVENUE, APPROXIMATELY 140 FEET NORTH OF S.W. 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of August 18, 1997, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: The South half of Lot 15 and all of Lot 16, Block 54 of the Resubdivision of the South Half of Block 54, in the Town of Delray, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 11, Page 2. The subject property is located on the west side of S.W. 1st Avenue, approximately 140 feet north of S.W. 2nd Street; containing 0.224 acres, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 23rd day of September, 1997. ATTEST: City Ci~k - - ; First Reading September 9, 1997 Second Reading September 23, 1997 - 2 - Ord. No. 38-97 TENNIS OLD STADIUM SCHOOL SQUARE G A TL A N TI C OS AVENUE POLICE SOU TH COMPLEX COUNTY COURT HOUSE ,, I11, ' S.W. IST ST. S.E. N - REZONING - ~ ST. PAUL'S EPISCOPAL CHURCH PARKING LOT PLANNINC DEPA~T'IvlENT OTY Of" DI[LRAY BEACH. F'L FROM: RM (MEDIUM DENSITY RESIDENTIAL) TO: CF (COMMUNITY FACILITES) PLANNING AND ZONING BOARD CITY OF DELi: Y BEACH ---STAFF REPORT--- MEETING DATE: August 18, 1997 AGENDA ITEM: V.A. ITEM: Rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the establishment of a parking lot associated with St. Paul's Episcopal Church, located on the west side of S.W. 1st Avenue, approximately 120 feet north of S.W. 2nd Street. COMMUNtTY - · ~ CENTER I Ii '14 TENNIS ATLANTIC AVENUE GEN~I:~.k DATA: ~ cou~rr I ..... I HOUSE Owner ........................................ Delray Beach Community z . Redevelopment Agency Applicant .................................... St. Paul's Episcopal Church Agent ......................................... Dr. E. Monroe FarberrrrmrnTn r'~r--3~w' ,s~ ~,. s.~. ,s, ~,. Location ..................................... West side of S.W. 1st ~ J--1~--1 ~"~____ Avenue, approximately 120 ft. north of S.W. 2nd Street Property Size ............................. 0.224 Acre Future Land Use Map ................ Medium Density Residential Current Zoning .......................... RM (Medium Density ~.~. Proposed Zoning ....................... CF (Community Facilities) Adjacent Zoning ............... North: RM "--~ -- i z East: CF South: RM West: RM Existing Land Use .................... Vacant. Proposed Land Use ............ .. ...... Rezoning from RM to CF to accommodate a parking lot associated with an existing church. Sewer Service ........................... n/a The action before the Board is making a recommendation to the City Commission on a rezoning request from Multiple Family Residential (Medium Density) (RM) to Community Facilities (CF) for St. Paul's Episcopal Church. The subject property is located on the west side of SW 1st Avenue, approximately 120 feet north of SW 2nd Street, and contains approximately 0.224 acres. Pursuant to LDR Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The subject property is a vacant 0.224 acre parcel of land which consists of the south half of Lot 15 and all of Lot 16, Block 54 of the resubdivision of the south half of Block 54 Town of Delray. The parcel was zoned Multiple Family Residential-6 units per acre (RM-6) until it was rezoned to Multiple Family Residential (RM) with the Citywide Rezoning associated with the adoption of the Land Development Regulations in 1990. The development proposal is to rezone the south half of Lot 15 and all of Lot 16 Block 54, from Multiple Family Residential (Medium Density) (RM) to Community Facilities (CF). The rezoning is requested to accommodate a 24 space parking lot to be utilized for overflow parking for St. Paul's Episcopal Church. The attendant sketch plan indicates that the parking lot will be enclosed by a 6' high chain link fence along the north, south and west property lines, and a 4' high chain link fence containing two 12' wide rolling gates along the east property line. 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 P & Z Board Staff Report ~ Rezoning from RM to CF for St. Paul's Episcopal Church Page 2 is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject property is Medium Density Residential 5-12 du/ac. The requested zoning change is from Multiple Family Residential (Medium Density) (RM) to Community Facilities (CF). The proposed zoning designation of CF is consistent with the Medium Density Future Land Use Map designation. Pursuant to the purpose statement for the CF zoning [Section 4.4.21(A)], the CF district is deemed compatible with all land use designations shown on the Future Land Use Map. Further, Section 4.4.21(B)(5) within the CF district churches are listed as a permitted use, and parking lots are allowed as an accessory use. Based upon the above, positive findings 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. The stated purpose of the rezoning is to accommodate an off-site 24 space parking lot which is associated with an existing church. The use (a parking lot) will not have an impact on services with respect to water, sewer, solid waste, parks, and open space. Concurrency with respect to drainage is better addressed during the site plan approval process. Pursuant to LDR Section 2.4.5(D)(2), with all rezoning requests, traffic information is required which addresses the development of the property under reasonable intensity pursuant to the existing zoning and the proposed zoning. As traffic generation rates are based on building square footages and the proposal is for the construction of a parking lot, no additional trips will be generated. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. P & Z Board Staff Report~/ ',~\ Rezoning from RM to CF for St. Paul's Episcopal Church Page 3 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Land Use Element Ob_iective A-l: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. The subject parcel is a vacant residential lot that has no physical features that require special consideration. The construction of a parking lot on the subject property will help to eliminate the church's overflow parking on the adjacent rights-of-way, thereby decreasing the impact of the church on nearby properties. Compatibility is discussed further in the section below. Section 3,3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That a rezoning to other than CF within a stable residential area shall be denied. The subject property is located within a "Rehabilitation and Revitalization" area and not within a neighborhood classified as "Stable" in the Housing Element of the Comprehensive Plan. Additionally, the request is for a rezoning to CF thereby meeting the above standard. 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 subject property is bordered on the north, south and west property lines by RM zoning and to the east by CF zoning. The existing land uses are residential dwellings to the south and west, a vacant residential lot to the north, and the church to the east. Site specific compatibility of the proposed parking lot with the adjacent residential uses will be mitigated through the following LDR requirements. These include: Pursuant to CF district Section 4.4.21(H) Special Regulations, when this zone district is adjacent to residential zoning, the perimeter landscape area should be 15'; or, as an alternative either a wall, decorative fencing or hedging should be installed for aesthetic and buffer purposes. Pursuant to the Landscape Regulations Section 4.6.16(H)(3)(e), where any commercial or industrial area abuts a residential zoning, one tree shall be planted every 25' to form a solid tree line. P & Z Board Staff Report ',') Rezoning from RM to CF for St. Paul's Episcopal Church Page 4 The attendant sketch plan indicates that as an alternate, a 5' perimeter landscape strip will be provided containing a fence, continuous hedge and trees 30' on center. It is noted that the trees will need to be spaced 25' on center to meet the above code requirement and the hedge should be increased to 4 1/2' in height at the time of planting to further buffer the parking lot from the adjacent residential uses. These requirements will be addressed through the site plan review process for the parking lot. Section 2.4.$(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That 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 appro_r)riate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: "The existing facilities are across the street (east) and zoned Community Facilities (CF). The impact of this 24 space parking facility will be minimal with consideration of its week-end use and the existing parking facility. It is similar in intensity as neighboring properties - in certain circumstances, less intense. Medium density residential use would generate more activity on a daily basis. Its proximity to the church and the County Courthouse Complex, as well as apartment complexes and OSSHAD zoned properties create the appropriateness of this request." Comment: The justification statement seems to address Item "c" as the basis for which the rezoning should be granted. The CF zoning can be considered of similar intensity as allowed under the Future Land Use Map, and more appropriate for the property given the proximity to the church and its proposed use as overflow parking. P & Z Board Staff Report ~) Rezoning from RM to CF for St. Paul's Episcopal Church Page 5 Compliance with Land Development Regulations: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The site's improvements, as proposed in the sketch plan, will meet or exceed all requirements of this section. LDR Section 4.4.21(H) CF District Special Regulations: As discussed earlier in this report, when this district (CF) is adjacent to residential zoning, the perimeter landscape area should be increased to 15'; or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffering purposes. The sketch plan indicates that a fence, trees 30' on center and a continuous hedge are proposed along the property lines abutting residential uses. The trees however, will need to be spaced 25' on center and the hedge installed at the height of 4 1/2 feet at time of planting. LDR Section 6.1.3 Sidewalks: Currently, no sidewalks exist along either sides of SW 1st Avenue. Installation of a 5' wide sidewalk will be required within SW 1st Avenue right-of-way adjacent to the subject property. In addition to the above, an internal sidewalk from the church's property dead-ends into to SW 1st Avenue (north of the off-site parking lot). This sidewalk should be extended south along the church's property to SW 2nd street, or at least to the south end of the proposed parking lot to provide pedestrians a path from the parking lot to the entrance of the church. This item can further be addressed with the submittal of the site plan. LDR Section 4.6.16 Landscaping: Landscape plans were not submitted with the application, however will be required with the submittal of the site plan at which time they will be reviewed. The rezoning is not in a geographic area requiring review by the HPB (Historic Preservation Board). However, since the church is located in the Old School Square Historic District, HPB reviewed the rezoning at its meeting of August 6th. While the Board was in favor of the rezoning and recommended approval, they felt that the parking lot should be sod on a stabilized surface which would be more compatible with P & Z Board Staff Report / Rezoning from RM to CF for St. Paul's Episcopal Church Page 6 the surrounding residential neighborhood. This issue can be discussed further with the site plan approval process. At its meeting of August 7th, the CRA (Community Redevelopment Agency) reviewed the development proposal and unanimously recommended approval of the rezoning. The rezoning is not in a geographic area requiring review by the DDA (Downtown Development Authority). Courtesy Notices: A Courtesy Notice was sent to Old School Square Homeowner's Association. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The rezoning from RM to CF is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also, positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the CF 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 neighborhood. A. Continue with direction. B. Recommend approval of the rezoning request from RM to CF for St. Paul's Episcopal Church parking lot, based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of the rezoning request from RM to CF for St. Paul's Episcopal Church parking lot, based upon a failure to make positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. P & Z Board Staff Report ,) Rezoning from RM to CF for St. Paul's Episcopal Church Page 7 Recommend approval of the rezoning request from Multiple Family Residential (Medium Density) (RM) to Community Facilities (CF) for St. Paul's Episcopal Church parking lot, based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: Location/Zoning Map Survey Site/Sketch plan Report prepared by: Janet Meeks. Senior Planner - ...:_3'tl~s Ps~.c,.~¢'l'' - -: mK'z4, c.,,w~C"l',,l$) __ · ' '.,, lae. m~e,'Wae. ~ m t'~-4,¢~(~')t · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY~AGER SUBJECT: AGENDA ITEM # ~ REGULAR MEETING OF SEPTEMBER 23, 1997 ORDINANCE NO. 39-97 (MUNICIPAL BEACH LEGAL DESCRIPTION AT SECTION 101.15 OF CITY CODE) DATE: SEPTEMBER 19, 1997 This is second reading and a public hearing for Ordinance No. 39-97 which amends Section 101.15, "Definitions", of the City Code to provide for the inclusion of City-owned property generally located north of Beach Drive and east of State Road A1A in the area defined as the municipal beach under Chapter 101, "Parks, Beaches, and Recreation". The current legal description for the municipal beach includes all of the beach from Casuarina Road on the south to Beach Drive on the north. The City owns additional property north of Beach Drive and east of A1A, as illustrated on the attached map. Ordinance No. 39-97 would include these parcels in the definition of "municipal beach" By doing so, any alleged ambiguity related to what property is included in the "municipal beach" will be clarified. At first reading on September 9, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 39-97 on second and final reading. ref:agmemo5 ORDINANCE NO. 39-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.15, "DEFINITIONS", TO PROVIDE FOR THE INCLUSION OF CITY-OWNED PROPERTY GENERALLY LOCATED NORTH OF BEACH DRIVE AND EAST OF STATE ROAD A-l-A, AS MORE FULLY DESCRIBED HEREIN, AS PART OF THE MUNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 101.15 of the City Code provides for definitions as it pertains to municipal beaches, parks and recreation sites within the City; and WHEREAS, the City acquired additional beach property north of Beach Drive and east of State Road A-1-A since the last amendment to the definition of Municipal Beach in 1979; and WHEREAS, the City Commission of the City of Delray Beach desires to certify the boundaries of the municipal beach and to incorporate the additional property within the definition of "Municipal Beach". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and Recreation", Section 101.15, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: MUNICIPAL PARKS, BEACH ANDOTHERRECREATIONAL SITES Section 101.15 DEFINITIONS. For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. "MUNICIPAL BEACH". All the fractional east half of Section 16, Township 46 South, Range 43 East toqether with that Dart of Lots 9, 10, 11, 12 and 13 lyinq east of SR A1A, as described in a replat of Dart of Seqers Addition, recorded in Plat Book 16, Paqe 89, Palm Beach County records; and that Dart of Lots 4, 5, 6 and 7, Block E and the south 10 feet of Lot 3, Block E, as described in the Revised Plat of Blocks D & E Palm Beach Shore Acres, recorded in Plat Book 7, Paqe 38, Palm Beach County records, all lying east of the east curb of State Road A1A (Ocean Boulevard), including the waters of the Atlantic Ocean within the boundaries of this city. "PARK". Any land o~ed or controlled by the city under the management and administration of the Parks and Recreation Department and devoted primarily to outdoor recreation activities. "RECREATION SI~" Any facility, except a park, owned or controlled by the city, under the management and administration of the Parks and Recreation Department and devoted primarily to indoor recreation activities. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 23rd day of Septe~er , 1997. ATTEST: -- ~ity~l~k ; First Reading Septe~er 9, 1997 Second Reading Septe~er 23, 1997 - 2 Ord. No. 39-97 .,,.J EaST MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MJ~AGER SUBJECT: AGENDA ITEM #/O~- REGULAR MEETING OF SEPTEMBER 23, 1997 ORDINANCE NO. 40-97 (GENERAL EMPLOYEES PENSION PLAN AMENDMENT) DATE: SEPTEMBER 17, 1997 This is second reading and a public hearing for Ordinance No. 40-97 which amends Chapter 35 of the City Code pertaining to the General Employees Pension Plan. The changes are outlined in the attached summary. They are being made to comply with federal law in the area of age discrimination, federal limits on pension benefits, to clarify the normal benefit form for married and non-married participants, and to clarify that the minimum benefit of $400 is prorated equally if there are multiple beneficiaries. The City's actuary has determined that the changes will not have an actuarial impact. At first reading on September 9, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 40-97 on second and final reading. ref:agmemol0 GABRIEL, ROEDER, SMITH & COMPANY Consultants & Actuaries West Broward Professional Bldg. · 7320 Griffin Rd. · Suite 200 · Ft. Lauderdale. FL 33314 · 954-791-5888 · FAX 954-791-8208 May 20, 1997 Mr, Joseph M, Safford Director of Finance City of Delray Beach 100 Northwest 1st Avenue Delray Beach, Florida 33444 Re: General Employees Pension Plan Dear Joe: We have reviewed the proposed ordinance attached to your letter of April 21, 1997. The changes set forth in the ordinance will have no effect on the way we value the Plan's benefits. Such changes will, therefore, have no actuarial impact on the Plan. We note that one item removes the 100% of pay limitation previously imposed by Section 4].5 of the Internal Revenue Code. As a matter of information, Section 112.65(;[), Florida Statutes contains a similar ].00% limitation for those who become participants of the Plan after 1979. Please contact us if there are any questions. Sincerely yours, J. Stephen Palmqui~L/ JSP/or SUMMARY OF PROPOSED AMENDMF~NT TO GENERAL EMPLOYEES' RETI~ PLAN (7/30/97) Section 1 Normal Retirement Income: Clarifies Section 35.097(A) to provide that the normal benefit form for a participant who is not married at the time of retirement is a single life annuity. The normal benefit for married participants is a monthly benefit paid to the participant for life, with the same monthly amount paid to the participant's spouse for one year after the participant's death, and 60% of that amount until the spouse's death or remarriage. If a participant is not married at the time of retirement and later marries, the spousal benefit will not apply unless the participant requests an actuarially adjusted benefit. Disability Retirement: Removes age-based limitations on disability benefits, and provides that participants who become disabled at age 60 or less shall receive disability benefits until age 65, and those who become disabled after age 60 shall receive disability benefits for 5 years, at which time normal retirement benefits will commence. Section 35.097(C) currently provides that a participant can not have reached normal retirement age (age 60 with 10 years of service) to be eligible for disability benefits, and also provides for the termination of disability benefits once a disabled member reaches normal retirement age. These changes are necessary to comply with changes in the federal Age Discrimination in Employment Act (ADEA) and EEOC regulations. Maximum Pension: Section 35.097(J) (1) reflects federal limits on pension benefits under qualified pension plans. Under prior law, maximum benefits could not exceed the lesser of $90,000 (indexed for inflation) or 100% of a member's average compensation for the 3 highest paid consecutive years of employment. Public Law 104-188, enacted by Congress in August 1996, eliminated the 100% of average compensation maximum benefit option, and made several other technical changes which are reflected in the ordinance amendment. Note: Section 35.097(J) (9), which is not changed by this ordinance, continues to reflect the maximum benefit limitations contained in state law, which may result in a lower maximum benefit than required by federal law. Section 2 Minimum Benefit: Clarifies Section 35.098 to conform to the intent of the minimum benefit provision and the way it has been applied by the Pension Board, such that all participants and beneficiaries receive a minimum monthly benefit of at least $400. Also adds language providing that if a participant designates more than one beneficiary, all such beneficiaries will receive a minimum benefit equal to each beneficiary's pro rata share of the $400 minimum monthly benefit. ORDINANCE NO. 40-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS" , "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35. 097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT"; AMENDING SUBSECTION (A) OF SAID SECTION, "NORMAL RETIREMENT INCOME", TO PROVIDE THAT THE NORMAL FORM OF BENEFIT FOR PARTICIPANTS WHO ARE NOT MARRIED AT THE TIME OF RETIREMENT IS A SINGLE LIFE ANNUITY; AMENDING SUBSECTION (C) OF SAID SECTION, "DISABILITY RETIREMENT AND RETIREMENT INCOME", TO REMOVE AGE-BASED LIMITATIONS ON DISABILITY BENEFITS; AMENDING SUBSECTION (J) OF SAID SECTION, "MAXIMUM PENSION", TO CONFORM TO RECENT CHANGES IN FEDERAL LAW; AMENDING SECTION 35. 098, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFITS", TO CLARIFY THE MINIMUM BENEFIT PAYABLE TO MULTIPLE BENEFICIARIES OF A PARTICIPANT; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELR3kY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 35.097, "Retirement Income; Basis, Amount., and Payment", Subsections (A) (C) and (J), "Normal Retirement Income", "Disability Retirement and Retirement Income", and "Maximum Pension" are amended to read as follows: (A) Normal retirement income. (1) Araount of normal retirement income. The amount of retirement income payable to a participant who retires on or after his normal retirement date shall be an amount equal to two and one- half percent (2.5%) of final monthly compensation multiplied by credited service, expressed in years and tenths of a year, up to a maximum of thirty (30) years. A participant who has attained the age of sixty and retires with five (5) or more years of credited service, but less than ten (10) years of credited service, shall be entitled to monthly retirement income in an amount equal to two and one-half percent (2.5%) of final monthly compensation multiplied by credited service expressed in years and tenths of a year, multiplied by the participant's vested percentage as set forth in Sec 35-091 ~ ..... ~ =A~ ^= ~~ ~ ~ ~g~ !ifc ..... ~" (2) Payment of normal retirement income. The monthly retirement income payable in the event of normal retirement will be payable on the first day of each month. The first payment will be made effective on the participant's normal retirement date (or on the first day of the month following actual retirement, if later), and shall be continued thereafter during the participant's lifetime. Upon the participant's death the same monthly benefit shall be continued to his or her spouse for one year, and sixty percent (60%) of that amount shall be continued to the spouse thereafter until the earlier of the spouse's death or remarriage. The normal form of benefit for a DarticiDant who is not married at the time of retirement is a sinqle life annuity. If a DarticiDant who is not married at the time of retirement later marries, the sDousal benefit Drovided in this Daraqraph shall not aDD1¥ unless the participant re~ruests an actuariall¥ adjusted benefit. (C) Disability retirement and retirement income. (1) A participant may retire from the sea-vice of the city under the plan if he or she becomes totally and permanently disabled, as defined in division (C) (2) of this section, on or after the effective date of this section ~"~ ~ ..... ~ normal rctircmcn~ data. This type of retirement shall be referred to as disability retirement. (2) Total and permanent disability. A participant will be considered totally disabled if, in the opinion of the Retirement Committee, the participant is wholly prevented from engaging in any occupation for wage or profit; and a participant will be considered permanently disabled if, in the opinion of the Committee, the participant is likely to remain so disabled continuously and permanently from a cause other than those specified in division (C) (3) of this section. (3) Disqualifying causes of disability. A participant will not be entitled to receive any disability retirement income if, in the opinion of the Committee, the disability is a result of: (a) The participant's excessive or habitual use of drugs, intoxicants, or narcotics; (b) Injury or disease sustained by the participant while willfully and illegally participating in fights, riots, civil insurrections, or while committing a felony; (c) Injury or disease sustained by the participant while serving in any armed forces; (d) Injury or disease sustained by the participant diagnosed or discovered after the termination of city employment; (e) Injury or disease sustained by the participant while working for anyone other than the city, and 2 Ord. No. 40-97 arising out of such employment; or (f) Injury or disease sustained by the participant as a result of an act of war, whether or not the act arises from a formally declared state of war. (4) Proof of disability. The Committee, before approving the payment of any disability retirement income, shall require satisfactory proof, in the form of a certificate from a duly licensed physician selected or approved by the Committee, that the participant has become disabled as provided herein. The Committee may require similar proof of the continued disability of a participant after the commencement of disability retirement income. (5) Disability retirement income. (a) Monthly income payable ~-~ ........ ~ 1. Service-connected disability. The benefit payable to a participant who retires from the service of the city due to total and permanent disability arising out of and in the course of city employment shall be a monthly retirement income equal to seventy-five percent (75%) of the participant's final monthly compensation at the date of disability, subject to offsets for social security and workers' compensation benefits in accordance with division (C) (5) (a)4. of this section. 2. Nonservice-connected disability. The benefit payable to a participant who retires from the service of the city due to total and permanent disability not arising out of and in the course of city employment, after the completion of ten (10) years of credited service, shall be an amount equal to two percent (2%) of final monthly compensation at the date of disability, multiplied by the years and tenths of years of credited service, subject to a maximum monthly retirement income of fifty percent (50%) of final monthly compensation, and subject to offsets for social security and workers' compensation benefits in accordance with division (C) (5) (a)4. of this section. 3. If a participant with greater than ten (10) years of credited service is eligible to receive a nonservice disability benefit of less than $50 per month under division (C) (5) (a) 2. of this section, the participant may elect to receive an optional benefit payable commencing according to the provisions of division (D)(6) of this section and subject to division (E) of this section. This optional benefit will be equal to the product of "a" and "b", where "a" is the number of and tenths of years of credited sea-vice at the date of disability, multiplied by two'and one-half percent (2.5%) of final monthly compensation, and "b" is the applicable actuarial reduction factor to take into account the 3 Ord. No. 40-97 participant's younger age and the earlier commencement of retirement income payments. If this option is elected, the benefit payable will not be subject to the provisions of division (C) (5) (b) of this section, but will be payable as a normal retirement benefit would be paid pursuant to division (A) (2) of this section), unless an optional form of payment is elected under division (E) of this section, in which case such election will define the period of payment. 4. The disability retirement income described above shall be reduced by social security and workers' compensation wage-loss benefits received by the participant, as follows. The reduction for social security benefits shall be in the amount of the prima_~y insuranc~ amount only, not including any family benefit. Any cost of living adjustments in the participant's social security benefits shall not serve to reduce further the disability retirement income payable from the plan. The reduction for social security disability benefits shall terminate upon the retiree's attainment of age 65. Disability retirement income payable from the plan shall be reduced by workers' compensation wage-loss benefits received by the participant to the extent that such benefits, when added to the participant's disability retirement income from the plan (adjusted for social security benefits received, if applicable), exceed the participant's final monthly compensation at the date of disability. Any cost of living adjustments in the participant's workers' compensation benefits shall not serve to reduce further the disability retirement income payable from the plan. In the case of a lump sum workers' compensation settlement, the disability retirement income payable from the plan shall be adjusted as follows: a. The amount of the lump sum settlement shall be divided by the participant's remaining life expectancy (in months), as determined using standard actuarial tables approved by the plan actuary; b. If the number obtained in subparagraph a., above, when added to the participant's monthly disability retirement income from the plan, exceeds the participant's final monthly compensation on the date of disability, the amount of the excess shall be deducted from the participant's monthly disability retirement income from the plan, for the duration of the participant's remaining life expectancy as determined in subparagraph a., above. c. If the number obtained in subparagraph a., above, when added to the participant'-s monthly disability retirement income from the plan does not exceed the participant's final monthly compensation on the date of disability, there shall be no reduction of the participant's disability retirement income from the plan. 4 Ord. No. 40-97 (b) Normal retirement.~'^-~".~..~---~ income commencing on the cessation of disability retirement income ncr--~-.~- r~i~mcn~ ~ t data. If a participant'__s i~ raccivin~ monthly disability retirement income from the plan ceases pursuant to division (C) (6) (c) of this section, upon attainin~ thc ncrmal retirement ~ as defined in this ........ ~ ~-~- ...... ~-~ ...... ... ..~ income shall bc disccntinucd and normal retirement income shall commence in accordance with this paragraph. For the purpose of this paragraph, a participant's credited service far thc purpose of .............. = .... n ..... -. -c_ircmc..~ date shall include all periods of credited service as defined in Sec. 35.089 and 35.093 of this subchapter, and all years and tenths of years during which the participant received disability retirement income from the plan. Di~.-:.bi!ity rs.ir ........ income paid to a participant .~ha!! cease c,fa- irc upon the participant raachin~ thc .... ~ .... m-. rc_ircm-n~ date ~^ ^==~ivc_ on the participant's ncrmal retirement --..,':-'- Upon the cessation of disability retirement income pursuant to division (C) (6) (c) of this section, the participant shall begin receiving monthly retirement income computed in the same manner as for normal retirement in accordance with division (A) (1) of this section, based upon the participant's credited service as defined in this paragraph, and projected rate of final monthly compensation at the ncrmal rc~ircm~n~~ ~ ~ date (as defined in this paragraph, below) . The participant's projected rate of final monthly compensation at the ncrmal r~ircm~n~~ ~ ~ date shall be dete-~-mined in accordance with Sec. 35.089(E) of this subchapter, but based on the assumption that the participant's rate of monthly basic compensation at the date of termination of City employment due to disability would have continued without change to the normal rat!foment date disability retirement income ceased. (6) Payment of disability retirement income. The monthly retirement income payable upon disability retirement will be payable on the first day of each month. The first payment will be made effective on the first day of the month following the date on which the participant's disability has existed for five months, or the date on which the participant submits a written application for disability retirement income, whichever is later. Disability retirement income will continue to be paid in lieu of any other retirement income under the plan, until the earliest of the followinq occurrences~-~"-~--...~ ~.~ partlclpant'-' ' ~ ___~...~,~-~ .... ~.~ in (a) If the participant recovers from disability --~ .......~ ..... ~ -~ ...... ~ ~ ~-~, the last disability retirement income payment will be the payment due next preceding the date of recovery. (b) If the participant dies prier tc thc ncrma! retirement data without recovering from disability, the last payment will be the payment due next preceding the date of death. 5 Ord. No. 40-97 (c) For participants who become disabled at age 60 or less, disability retirement income shall cease upon the date the participant attains a~e 65. For participants who become disabled after age 60, disability retirement income shall cease five years after the commencement of benefits. Upon the cessation of disability retirement income under this paragraph (c), payment of normal retirement income shall commence in accordance with division (C) (5) (b) of this section v~ ~ ..... ~ ........~ ~-~.. ~ ..... ~ (7) Recovery from disability. If the Committee finds that a participant who is receiving disability retirement income is, at any time pricr'- tk~ ncrma! rct±r-mcn, date no longer disabled, as provided herein, the Committee shall direct that Zhe retirement income be discontinued. Recover%; from disabiliZy as used herein shall mean the ability of the participant to engage in any occupation for wage or profit. However, any participant who recovers from disability and whose disability retirement income is discontinued by the Committee and who, as of the date of termination of city employment due to disability, had completed twenty'(20) years of credited service or who had both attained the age of 55 years and completed at least fifteen (15) years of credited service shall, if not re-employed by the city, be entitled to early retirement income as provided in division (B) of this section, based on the participant's final monthly compensation and credited ser-~ice as of the date of termination of city employment due to disability and upon the participant's age as of the date of recovery from disability. The amount of early retirement income payable in this circumstance shall be actuarially reduced to take into account the participant's younger age and the earlier commencement of retirement income payments as provided in division (B) of this section. Any participant who recovers from disability and whose disability retirement income is discontinued by the Committee and who, as of the date of termination of city employment due to disability had completed at least five (5) years of credited service shall, if not re-employed by the city, be entitled to vested deferred retirement income as provided in division (D) of this section. (8) Reemployment by the city. If a participant recovers from disability and is re-employed by the city, the participant's city employment will be deemed to have been continuous and credited service under the plan will be granted for the period of disability. (J) Maximum Pension. 6 Ord. No. 40-97 (1) Basic Limitation. Subject to the adjustments hereinafter set forth, the maximum amount of annual retirement income payable with respect to a member under this Plan shall not exceed tko lascar of: (a) $90,000, adjusted for increases in the cost-of- livinq Dursuant to Section 415(d) of the Internal Revenue Code e~_ ccr~cn~ation. "Compensation, shall mcan tko mcm~cr's total ar~nua! r-m:'~cra ich paid c ........ ~ =~- .... t ........... pcrscna! sc~;iccs rcndcrcd to t..~e. For purposes of applying the above limitation, Benefits payable in any form other than a straight life annuity with no ancillary benefits shall be adjusted, as provided by Treasury Regulations, so that such benefits are the Actuarial Equivalent of a straight life annuity. For purposes of this Section, the following shall not be taken into account: 1. any ancillary benefit which is not directly related to retirement income benefits; 2. any other benefit not required under §415(B) (2) of the Internal Revenue Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(b) (1) of the Internal Revenue Code. (2) Participation in Other Defined Benefit Plan. The limitation of this Section with respect to any member who at any time has been a member in any other defined benefit Plan (as defined in §414(j) of the Internal Revenue Code) maintained by the City shall apply as if the total benefits payable under all defined benefit Plans in which the member has been a member were payable from one Plan. (3) Adjustments in Limitations. (a) In the event the member's retirement benefits become payable before age sixty-two (62), the $90,000 limitation prescribed by this Section shall be reduced in accordance with Regulations issued by the Secretary of the Treasury pursuant to the provisions of §415(b) of the Internal Revenue Code, but not less than $75,000 if the benefit beqins at or after ace fifty-five (55) . (b) In the event the member's retirement benefit becomes payable before age fifty-five (55), the $75,000 limitation shall be reduced from age fifty-five (55) in accordance with Regulations 7 Ord. No. 40-97 issued by =he Secretary of the Treasury pursuant to the provisions of §41S(b) of the In=ernai Revenue Code (c) The reductions provided in s~ara~aDhs ehall no~ b~ auuli~le_..to ~is~lity b~n~its Dai~ pursuant ~o ,.Sec=ion ~5.09~ (C) or pr~-re=ir~m~= ~suan= =o SeCtion ~S.097(D) . (d) If =he meter's r~=ir~m~n= benefi~ beco~s after age six=y-five (6S) , for p~oses of de=e~ning whether =his benefi~ meets =he li~a=ion se= forth ~ s~sec~ion I herein, such ass~ed in=~r~s= rate of five percent (5%) accordance with ~he r~la=io~ pro~!ga=~d Tr~as~ or his (4) Less =h~ T~n Ye~s of S~ice The ~~ r~=ir~men= benefits pay~l~ ~d~r ~his Sec=ion to any me.er who has coal.=ed lees ~n ~en (10) years of Credited Se~lce with =he City shall be =he amour ~eUe~ned ~der p~a~aph A of this SecUicn ~ltiplied by a fraction, the numerator of which is nke n~er of the ~er's ye~s o~ Credited Se~ice and =he deno~nator of which is ten (10). This reduction shall not be applicable =o dis~i!ity ~cDefits Paid ~sua~t =0 Section 3~. 097 (C). or Dre-r~tirem~= death benef~.D.s Daid 9~suant to Section (5) $10,000 Limi= No=wi=hst~ng =he forego~g, =he re=irem~= b=nefi~ pay~l= with respec= =o a m=~er ~11 b= d==m=~ no= =o ~ce=~ =he limi=a=io~ eec fo~h in u~s Se==ion of =he benefit= pay~le wi~h respect =o such me.er ~=r =~s PI~ ~d ~r all ouher ~alified ~e~ine~ benefi= pension Pi~ con=ributes do no= =xcee~ ~10,000 for ~he applic~le Plan Year for ~y ~rior Pi~ Ye~ ~d the Ci~ ~ ~ a= an~ time ~in=ained a ~alifie~ ~efined con=r~u=lon PI~ in w~ch (6) Me.er in Define~ Con~ri~u=ion Pi~. In ~ cas= where a me~er ~der Chis pl~ is also a me~er in a ~Define~ Con=ribu=ion Pi~" as d=fine~ in ~414(i} of =he InCe~l R=venue Code, ~in~ained by =he CiUy, Ch= sum of the "Defined B=nefi= Plan Frac=ion- ~ =he "Defined Con=ribu=ion Pi~ Frae=ion" (boOb as define~ in ~415 (e) of ~he Info--al Rev~u~ Co~e) shall no=, s~jec= =o the res=tic=ions ~ =xcepCions con=ained in ~200% of uhe ~loyee ~eCiremen= In=om= Se~iCy Act of 1974, as am=n~=~, exc=~d 1.0. This li~a=ion is reDeale~ effective J~nua~ Ord. No. 40-97 1, 2,000. (7) Reduction of Benefits. Reduction of benefits and/or contributions to all Plans, where required, shall be accomplished by first reducing the member's benefit under any defined benefit Plans in which he participated, such reduction to be made first with respect to the Plan in which he most recently accrued benefits and thereafter in such priority as shall be determined by the Trustees of such other Plans, and next, by reducing or allocating excess forfeitures for defined contribution Plans in which the member participated, such reduction to be made first with respect to the Plan in which he most recently accrued benefits and thereafter in such priority as shall be established by the Trustees for such other provided, however, that necessary reductions may be made in a different manner and priority pursuant to the agreement of the Trustees of all other Plans covering such member. (8) Cost-of- Living Adjustments The limitations as stated in subsections 1, 2, 3, and 6 herein shall be adjusted to the time payment of a benefit begins in accordance with any cost-of-living adjustments prescribed by the Secretary of the Treasury pursuant to §415(d) of the Internal Revenue Code. (9) Additional Limitation on Pension Benefits. Notwithstanding anything herein to the contrary: (a) The normal retirement benefit or pension payable to a retiree who becomes a member of the Plan and who has not previously participated in such Plan, on or after January 1, 1980, shall not exceed 100 percent of his average final compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attributable to cost-of-living increases or adjustments. (b) No member of the Plan who is not now a member of such Plan shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from another retirement plan or system. This restriction does not apply to social security benefits or federal benefits under Chapter 67, Title 10, U.S. Code. 9 Ord. No. 40-97 Section 2. That Section 35.098, "Supplemental Retirement Income and Minimum Benefits," is amended to read as follows: Section 35.098 SUPPLEMENTAL RETIREMENTINCOMEANDMINIMUMBENEFITS. Effective as of January 1, 1993, all participants or beneficiaries of participants who were receiving benefits under the plan prior to January 1, 1991, shall have the monthly amount of retirement income increased by five percent (5%) over the gross amount they were receiving in December of 1990. Provided, however, that all participants with ten (.10) or more years of credited service, and the designated beneficiary benefit!arias of such participants who receive plan benefits that arc based cn cr derived ....... pattie ant's .......... ~..~..._..~ .... ....~...~, regardless of the participant's retirement date, shall receive bcnufits based on a minimum monthly normal retirement income amount of at least $400. If more than one beneficiarv receives plan benefits based on or derived from a participant's retirement income, all such beneficiaries shall receive a minimum benefit ecual to each beneficia~z's crc rata share of the minimum monthly normal retirement income specified in this section. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 4. That this ordinance shall take effect ten (10) days after second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 23rd day of September , 1997 City Clerk-- / t First Reading: September 9, 1997 Second Reading: September 23, 1997 db46 pen. ord 10 Ord. No. 40-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MJ~AGER SUBJECT: AGENDA ITEM #~ REG~ MEETING OF SEPTEMBER 23, 1997 LDR AMENDMENTS RE: RM ZONING DISTRICT STANDARDS (ORDINANCE NO. 41-97 / ORDINANCE NO. 42-97) DATE: SEPTEMBER 19, 1997 Attached is documentation from the Planning Department concerning proposed amendments to the Medium Density Residential (RM) zoning district. The Planning and Zoning Board formally considered these amendments on September 15, 1997. The Board voted 6 to 0 to recommend approval of the amendments which provide for performance standards and increased requirements for recreational amenities. By a 4 to 2 vote, the Board voted to recommend that the amendments to the Development Standards Matrix which would increase the minimum dwelling unit sizes be denied. In view of the Planning and Zoning Board's recommendation, two ordinances have been prepared for the Commission's consideration. Ordinance No. 41-97 reflects only those amendments recommended for approval by the P&Z Board. Ordinance No. 42-97 reflects the amendments for both performance standards and increased requirements for recreational amenities, as well as increased minimum square footage requirements for dwelling units. Commission discretion is recommended. ref:agmemo6 ORDINANCE NO. 41-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4 . 4 . 6 (A) , "PURPOSE AND INTENT", TO CLARIFY THE INTENDED GOAL OF THE DISTRICT; AMENDING SUBSECTION 4 . 4 . 6 (H) , "SPECIAL REGULATIONS" TO PROVIDE FOR COMPLIANCE WITH PERFORMANCE ~TANDARDS IN ORDER TO EXCEED THE BASE DENSITY, AND TO PROVIDE INCREASED REQUIREMENTS FOR RECREATIONAL AMENITIES; ENACTING SUBSECTION 4.4.6(I), "PERFORMANCE STANDARDS", TO PROVIDE FOR SAID STANDARDS; 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 September 15, 1997, and forwarded the changes with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(A), "Purpose and Intent", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.4.6 Medium Density Residential (RM) District: (A) Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a ~/~ maximum of twelve (12) units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitiqate the impacts of the increased density and ensure that the project is compatible with surroundinq land uses. Further, the Medium Density Residential District provides for implementation of ¢~~ /¢t~ those objectives and policies contained within the Housing Element of the Comprehensive Plan which call~ for accommodating a variety of housing types. Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(H), "Special Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (H) Special Regulations: (1) A minimum density of six units per acre is established for duplex and multiple family housing projects within this district. Density may exceed the base of six (6) units per acre only ~/~ ~ /~¢~ /~¢ /~ /Cf /~~ //~ /~ /~ /~/ after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.6(I). In no event shall a development's total density exceed 12 units per acre. The density for a specific RM development may be ~I~ further limited by a numerical suffix affixed to the designation and shown on the zoning map (i.e. RM-8 limits the density to eight units per acre). To seek a density greater than ~/~/~/~/~/~~/ allowed by the suffix, it is necessary to rezone the property. (2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to Section 4.3.4(I) (3) (b). (3) ~/~/ Recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet - 2 - Ord. No. 41-97 this requirement. Projects having fewer than twenty-five (25) units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. (4) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. (5) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. Section 3. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Subsection 4.4.6(I), "Performance Standards", to read as follows: (I) Performance Standards: (1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. - 3 - Ord. No. 41-97 (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staqqered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housinq will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (q) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. (2.) It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. - 4 - Ord. No. 41-97 (3) For vacant property that is proposed for rezoninq to RM with a density suffix, the approvinq body must make a findinq that the proposed density is appropriate based upon the future land use map desiqnations of surrounding property as well as the prevailinq development pattern of the surroundinq area. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 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 , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 5 - Ord. No. 41-97 ORDINANCE NO. 42-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY O~ DELP~AY BEACH, BY AMENDING SUBSECTION 4.4.6(A), "PURPOSE AND INTENT", TO CLARIFY THE INTENDED GOAL OF THE DISTRICT; AMENDING SUBSECTION 4.4.6(H), "SPECIAL REGULATIONS", TO PROVIDE FOR COMPLIANCE WITH PERFORMANCE STANDARDS IN ORDER TO EXCEED THE BASE DENSITY, AND TO PROVIDE INCREASED REQUIREMENTS FOR RECREATIONAL AMENITIES; ENACTING SUBSECTION 4.4.6(I), "PERFORMANCE STANDARDS" TO PROVIDE FOR SAID STANDARDS; AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", TO PROVIDE INCREASED MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR DWELLING UNITS IN THE RM ZONING DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing on September 15, 1997, and forwarded a portion of the changes with a recommendation of approval; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board also forwarded a portion of the proposed amendments with a recommendation of denial; and WHEREAS, the City Commission of the City of Delray Beach finds that the text amendments are not inconsistent 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 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(A), "Purpose and Intent,,, of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.4.6 Medium Density Residential (PM) District: (A) Purpose and Intent: The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a ~/~ maximum of twelve (12) units per acre. The actual density of a particular RM development is based upon its ability to achieve . certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. Further, the Medium Density Residential District provides for implementation of ¢~$~~ /¢/~ those objectives and policies contained within the Housing Element of the Comprehensive Plan which call~ for accommodating a variety of housing types. Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4 4 6 Medium Density Residential (RM) District", Subsection 4.4.6(H), "Special Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (H) Special Regulations: (1) A minimum density of six units per acre is established for duplex and multiple family housing projects within this district. Density may exceed the base of six (6) units per acre only ~/~ approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.6(I). In no event shall a development's total density exceed 12 units per acre. The density for a specific RM development may be ~~~ further limited by a numerical suffix affixed to the designation and shown on the zoning map (i.e. RM-8 limits the density to eight units per acre). To seek a density greater than ~/~/~/~/~/~~/ allowed by the suffix, it is necessary to rezone the property. (2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to Section 4.3.4(I) (3) (b). ~/~Y/ Recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; - 2 - Ord. No. 42-97 features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically desiqned for children, is not considered to meet this requirement. Projects havinq fewer than twenty-five (25) units may be exempted from this standard where it is determined by the approvinq body that it is not practical or feasible to comply. (4) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. (5) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. Section 3. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Subsection 4.4.6(I), "Performance Standards", to read as follows: (I) Performance Standards: (1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approvinq body must make a findinq that th~ development substantially complies with the performance standards listed in this section. The intent of the standards is to mitiqate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Requlations, the maximum density is permitted. Projects which only partially achieva these standards will be permitted a correspondinqly lower density. The performance standards are as follows: - 3 - Ord. No. 42-97 (a) The traffic circulation system is desiqned to control speed and reduce volumes on the interior and exterior street network. This can be accomplished throuqh the use of traffic calminq devices; street networks consistinq of loops and short seqments; multiple entrances and exits into the development; and similar measures that are intended to minimize throuqh traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildinqs are placed throuqhout the development in a manner that reduces the overall massinq, and provides a feelinq of open space. (c) Where immediately adjacent to residential zoninq districts havinq a lower density, buildinq setbacks and landscape materials alonq those adjacent property lines are increased beyond the recruited minimums in order to provide a meaninqful buffer to those lower density areas. Buildinq setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the rec~ired heiqht at time of plantinq by 25% or more; and a hedqe, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and buildinq desiqn. For example, setbacks are staqqered and offset, with varyinq roof heiqhts (for multi-family buildinqs, the planes of the facades are offset to add interest and distinquish individual units). Buildinq elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and desiqn elements such as shutters, window mullions, quoins, decorative tiles, etc. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various aqes and sizes. Multi-family housinq will at a minimum have a mix of one, two and three bedroom units with varyinq floor plans. Sinqle family housinq (attached and detached) will at a minimum offer a mix of three and four bedroom units with varyinq floor plans. (f) The development is desiqned to preserve and enhance existinq natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (q) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. - 4 - Ord. No. 42-97 (2) It is acknowledqed that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. (3) For vacant property that is proposed for rezoninq to RM with a density suffix, the approving body must make a findinq that the proposed density is appropriate based upon the future land use map desiqnations of surroundinq property as well as the prevailinq development pattern of the surroundinq area. Section 4. That Chapter Four, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(K), "Development Standards Matrix", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: DEVELOPMENT STANDARDS MATRIX - RESIDENTIAL ZONING DISTRICTS (1) Minimum Floor Area for Duplexes and Multifamily Dwelling Units Duplexes 1,000 sq.ft.~ Efficiency 400 sq.ft. One Bedroom 600 sq.ft. Two Bedroom 900 sq.ft. Three Bedroom ~/~ 1,250 sq.ft. Four Bedroom ~/~ 1,500 sq.ft. *Represents absolute minimum size. Must also comply with minimums for correspondinq number of bedrooms. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. - 5 - Ord. No. 42-97 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1997. MAYOR ATTEST: City Clerk First Reading Second Reading - 6 - Ord. No. 42-97