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01-09-96 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING JANUARY 9, 1996 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activi- ty conducted by the City. Please contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group 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 to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. Regular Commission Meeting January 9, 1996 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. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of December 5, 1995 Regular Meeting of December 12, 1995 Special Meeting of December 20, 1995 6. Proclamations: A. Recognizing and commending Carolyn Zimmerman, Chairperson of the Delray Centennial Steering Committee B. Recognizing and commending the Delray Rocks Football Team and the Delray Rocks Cheerleading Squads C. Martin Luther King, Jr. Day - January 15, 1996 7. Presentations: A. Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting 8. Consent Agenda: City Manager recommends approval. A. SPECIAL EVENT REQUEST/ANNUAL DOWNTOWN ART FESTIVAL: Approve and endorse the 7th Annual Howard Allen Art Festival to be held January 13-14, 1996, associated staff support at no charge to the City, and closure of Atlantic Avenue from A1A to Venetian Drive, except for traffic access to Salina and Bronson. B. ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT FOR DELRAY OAKS: Approve Addendum I to the Conceptual Approval Agreement for Delray Oaks (Ecosite 67) located on the west side of Congress 2 Regular Commission Meeting January 9, 1996 Avenue at S.W. 29th Street, extending the agreement to June 10, 1996. C. MAINTENANCE AGREEMENT/WEST ATLANTIC AVENUE GATEWAY PARKS: Approve the Maintenance Memorandum of Agreement for the West Atlantic Avenue Gateway Parks (I-95 Parks) in conjunction with the State and County Thoroughfare Beautification Grant Program, subject to the City Attorney's comments and approval. D. LEASE EXTENSION/CHAMBER OF COMMERCE CONTRACT: Approve the Amended and Restated Lease between the City and the Chamber of Commerce which extends the term of the Chamber's lease of the property at 64 S.E. 5th Avenue for an additional forty years, from the year 2020 to the year 2060. E. FINAL PAYMENT/PALM BEACH COUNTY: Approve final payment in the amount of $16,757.47 to Palm Beach County for the traffic signal improvements at S.W. 10th Street and Swinton Avenue; with funding from 228-3162-541-61.90. F. FINAL PLAT APPROVAL/LEE'S CROSSING Approve the final plat for Lee's Crossing, a proposed 57 single family lot subdivision located west of and adjacent to Kingsland Pines Subdivision on the west side of Gallagher Road. G. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Ratify three appointments to the Kids and Cops Committee as follows: William J. Fay, Jr., Principal, representing Banyan Creek Elementary School, to fill an unexpired term ending April 22, 1996; Lisa Henderson to fill an unexpired term ending October 31, 1996, and Matthew Weiner to a two year term ending January 9, 1998. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD EXPENDITURES: Ratify various expenditures approved by the SCRWTD Board at its meeting of December 21, 1995. I. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify SCRWTD Board action of December 21, 1995, to Amend Agreement Between SCRWTD Board and International Brotherhood of Firemen & Oilers Changing Article XIX Wage Classification from 1 to 5% to 0 to 6%. J. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify SCRWTD Board action of December 21, 1995, for Acceptance of Interlocal Agreement for Delray Beach to temporarily utilize ocean outfall pipeline during construction and testing of aquifer storage and recovery (ASR) well. K. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify SCRWTD Board action of December 21, 1995, to enter into a Contract with Brown and Caldwell to Regular Commission Meeting January 9, 1996 provide permitting, design and construction services for the Northwest Reuse Water System at a fee not to exceed $950,000. L. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify SCRWTD Board action of December 21, 1995, to enter into an Agreement with Delray Dunes, Pine Tree, Quail Ridge and the Country Club of Florida concerning delivery and acceptance of reclaimed water. M. RESOLUTION NO. 1-96: Approve a resolution urging the Palm Beach County Legislative Delegation to support House Bill No. 173 and Senate Bill No. 16 in efforts to amend Florida's felony/murder statute to include the act of vehicular hit and run among the enumerated offenses, and eliminate the statute of limitations provision. N. RESOLUTION NO. 2-96: Approve a resolution adopting disclosure procedures related to ex parte communications with public officials. O. RESOLUTION NO. 3-96: Adopt a resolution authorizing the City to acquire certain real property for the purpose of providing sufficient road right-of-way, and incorporating and accepting the Contract for Sale and Purchase. P. REMOVED Q. RESOLUTION NO. 5-96: Adopt a resolution assessing costs for abatement action required to board up an unsafe building at 307 S.W. 7th Street. R. RESOLUTION NO. 6-96: Adopt a resolution assessing costs for abatement action required to demolish an unsafe building at 24 S.W. llth Avenue. S. RESOLUTION NO. 7-96: Adopt a resolution assessing costs for abatement action required to demolish an unsafe building at 225 S.E. 5th Avenue. T. SERVICE AUTHORIZATION NO. 43/SURVEY SOUTH, INC.: Approve Service Authorization No. 43 in the amount of $14,815.00 to Survey South, Inc. for surveying services required in conjunction with the Highland Beach Force Main Replacement Project, with funding from 442-5178-536-63.92 through budget transfer from 442-5178- 536-63.51. U. SERVICE AUTHORIZATION NO. 1/SHEREMETA ASSOCIATES, INC.: Approve Service Authorization No. 1 in the amount of $54,448.30 with Sheremeta Associates for consulting engineering services in conjunction with the replacement/rehabilitation of the Highland Beach Force Main along A1A and Casurina Road, with funding from 442-5178-536-63.92. V. SERVICE AUTHORIZATION NO. 1/ECKLER ENGINEERING: Approve Service Authorization No. 1 in the amount of $38,544.00 to --4-- Regular Commission Meeting January 9, 1996 Eckler Engineering for consulting engineering services in conjunction with the 1996 Lift Station Rehabilitation Project (#3, 10, 32, 83, 88, & 105), with funding from 442-5178-536- 61.83. W. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period December 11, 1995 through January 5, 1996. X. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Aluminum Plus of Deland, Florida for design and construction of an aluminum and steel canopy over the Public Works complex fuel island, in the amount of $12,900 from 501-3311-591-63.90. 2. Bid award to Maroone Chevrolet through State Contract for the purchase of 5 Chevy Luminas for the Police Department, in the amount of $76,739; (4 replacement vehicles from 501-3312-591-64.20 and 1 additional vehicle from 115-2112- 521-49.90). 3. Bid award to Hector Turf on GSA Contract for the purchase of a Toro Greensmaster (Greens Mower) on GSA Contract, in the amount of $14,264.27 from 446-4761-572-64.90. 4. Bid awards through the Community Development Block Grant Program; $5,917 to Abissett Corporation for a housing rehabilitation project at 318 S.W. 9th Court, and $18,454 to South Florida Construction for a project at 315 N.W. llth Avenue, from 118-1963-554-49.19. 5. Bid award to Alpha Ultra, Inc. for a housing rehabilita- tion project at 515 S.W. 6th Avenue in the amount of $14,359; $3,589.75 from S.H.I.P. (Account 118-1924-554- 49.19) and $10,769.25 from H.O.M.E. (Account (118-1923- 554-49.19). 6. Bid award to Advanced Roofing, Inc. for reroofing the Public Works complex in the amount of $126,260; ($64,142 from the General Fund 334-6112-519-62.10, and $62,118 from 442-5178-536-62.10) through budget transfer from 442-5178- 536-99.01. 7. Contract award to Golden Eagle Engineering Contractors for the East Atlantic Avenue Beautification Project, in the amount of $1,791,563.65; with $176,376.50 from 448-5411-538-63.39, $416,825.50 from 228-4141-572-61.73, $105,458.00 from 442-5178-536-61.78, and from I.S.T.E.A. the amount of $1,092,903.65 through budget transfers in the amount of $203,000. -5- Regular Commission Meeting January 9, 1996 9. Regular Agenda: A. CONDITIONAL USE REQUEST/CROSSROADS CLUB: Consider a request for conditional use approval to establish a meeting facility/ social club for The Crossroads Club (CRC Recovery Foundation, Inc.) at 306 N.E. 2nd Street (southwest corner of N.E. 2nd Street and N.E. 4th Avenue) within the CBD (Central Business District). QUASI-JUDICIAL HEARING B. CONDITIONAL USE REQUEST/BLOCK 85 OUTDOOR ENTERTAINMENT FACILITY: Consider a conditional use request to allow the establishment of a place of assembly for commercial entertain- ment at the Grove Square (Block 85) site, located on the south side of Atlantic Avenue, east of S.E. 2nd Avenue. QUASI- JUDICIAL HEARING C. ARCHITECTURAL ELEVATIONS/VIDEO AVE (A VIDEO STORE): Consider the architectural elevations for Video Ave (a video store), proposed to be located on the outparcel at the northwest corner of the South Delray Shopping Center which is located at the northeast corner of Federal Highway and Lindell Boulevard. D. DELL PARK SUBDIVISION REPLAT: Consider a request from Old School Square for the replat of Lots 13, 14, 15, 16 and 17, Block 6, of the Dell Park Subdivision. The subject property is located at the southeast corner of Swinton Avenue and N.E. 12th Street. E. SPECIAL EVENT REQUEST/BACKROOM STREET PARTY: Consider a request from the Joint Venture for the Backroom Street Party proposed to be held on January 19, 1996, including the use and closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 1st Avenue, and City support at the expense of the Backroom. F. BID AWARD/DATAPLEX CORPORATION: Consider bid award to second low bidder, Dataplex Corporation, for microfilming services for the Community Improvement Department, at an estimated annual cost of $12,950 from 001-2721-524-34.70 and 001-2741-524-34.70. G. REJECTION OF BIDS/GREENBRIAR DRIVE UTILITY IMPROVEMENTS: Consider rejecting all bids received for the Greenbriar Drive utility improvement project. The sanitary sewer portion of the project will be eliminated, and water main portion will be completed by City forces. H. CONTRACT ADDITION (C.O. #2)/RAY QUALMANN MARINE CONSTRUCTION, INC.: Consider Contract addition (C.O. #2) and 15 calendar day time extension to Ray Qualmann Marine Construction, Inc. for seawall and retaining wall rehabilitation, in the amount of $9,100 from 334-3162-543-61.93. I. ANCHOR PARK AGREEMENT: Consider a revision to the Amended and Restated Lease Agreement for Anchor Park. -6- Regular Commission Meeting January 9, 1996 J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a regular member (layperson) to the Code Enforcement Board for a three year term ending January 13, 1999. Commissioner Smith's appointment. K. LIFE INSURANCE INCREASE PROPOSAL: Consider a proposal to increase the life insurance values for City employees. 10. Public Hearings: A. ORDINANCE NO. 81-95: An ordinance providing for a Small Scale Future Land Use Map amendment from Transitional to General Commercial, and rezoning from POC (Planned Office Center) District to GC (General Commercial) District, for a 0.68 acre parcel of land located at the southwest corner of Linton Boulevard and Congress Avenue. QUASI-JUDICIAL HEARING B. ORDINANCE NO. 82-95: An ordinance rezoning a 5 acre parcel of land from RM (Medium Density Residential) to CF (Community Facilities) District for expansion of an existing elementary school. The subject property is located at the southeast corner of S.W. 10th Street and S.W. 7th Avenue (west of and adjacent to Pine Grove Elementary School). QUASI-JUDICIAL HEARING (1) CONDITIONAL USE REQUEST/PINE GROVE ELEMENTARY SCHOOL EXPANSION: Consider a request for conditional use approval to allow for an expansion to the Pine Grove Elementary School. The subject property is located at the southwest corner of S.W. 10th Street and S.W. 4th Avenue, and is zoned CF (Community Facilities) District. QUASI- JUDICIAL HEARING C. ORDINANCE NO. 83-95: An ordinance amending Sections 2.2.3(D), 2.2.6(D) (6) and 4.6.16(C) (2) of the LDRs by assigning authority to grant waivers to the provisions of the landscape code to the Site Plan Review and Appearance Board or the Historic Preser- vation Board, as appropriate. D. ORDINANCE NO. 1-96: FIRST READING/FIRST PUBLIC HEARING for an ordinance amending LDR Section 4.4.9(D) by adding the sale and service of all terrain vehicles and personal watercraft (waverunners, jet skis) as a conditional use in the General Commercial zoning district. If passed, a second public hearing will be held on January 23, 1996. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. Prom the Public. Regular Commission Meeting January 9, 1996 12. First Readings: A. ORDINANCE NO. 2-96: An ordinance rezoning the old Miller Dodge property at 1900 North Federal Highway from AC (Automotive Commercial) District to SAD (Special Activities District). If passed, a quasi-judicial/public hearing will be held on January 23, 1996. B. ORDINANCE NO. 3-96: An ordinance rezoning Tract A, Tract L-2, and a portion of Tract R, Congress Park South Replat, from PCC (Planned Commerce Center) District to MIC (Mixed Industrial and Commercial) District. The subject property is located south of Atlantic Avenue on the west side of Congress Avenue and contains 5.35 acres. If passed, a quasi-judicial/ public hearing will be held on January 23, 1996. C. ORDINANCE NO. 4-96: An ordinance rezoning Tract E, Congress Park South (Municipal Golf Course storage and maintenance facility), from PCC (Planned Commerce Center) District to OSR (Open Space and Recreation) District. The subject property is located south of Atlantic Avenue on the west side of Congress Avenue and contains 0.87 acres. If passed, a quasi-judicial/ public hearing will be held on January 23, 1996. D0 ORDINANCE NO. 5-96: An ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.037, "Collective Bargaining; Approval or Rejection", of the City Code to bring the code into compliance with state law. If passed, a public hearing will be held on January 23, 1996. Eo ORDINANCE NO. 6-96: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to revise the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge for 1996. If passed, a public hearing will be held on January 23, 1996. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission WHERF~AS, in 1895 pioneers came together from Michigan and the Florida Panhandle, and purchased and settled land which was then called the Town of Linton; and WHEREAS, the Town of Linton's first settlers . . . men and women, black and white . . . exhibited unmatched perseverance and determination, working together through great hardship to settle and develop what has become the City of Delray Beach; and WHEREAS, the year of 1995 marked the lOOth Anniversary of the founding of our community and like their forefathers, many civic and community minded individuals came together to organize and assist with the numerous activities and events celebrated throughout the Centennial Year. Among these individuals, one person came forward and volunteered to Chair this enormous endeavor; and WHEREAS, on February 7, 1995, the Commissioners of the City of Delray Beach approved the formation of the Delray Centennial Steering Committee, naming Carolyn Zimmerman Chairperson; and WHEREAS, Carolyn is an energetic individual who exemplifies community involvement, who has demonstrated her commitment to volunteerism by heading this committee and also willingly serving numerous other committees and organizations. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim CAROLYN ZIMMERMAN as an example of a "Noteworthy Citizen" by serving as a role model for citizenship and volunteerism for our community. 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 9th day of January, 1996. MAYOR THOMAS E. LYNCH SEAL WHEREAS, the Delray Rocks Football Program is sponsored by the Delray Beach Parks and Recreation Department and the players and cheerleaders proudly represent the City of Delray Beach; and WHEREAS, the Annual Cheerleading Competition was held on November 12, 1995, at the Florida International University in Miami, Florida. Over 122 Cheerleading Squads, from Miami to Boynton Beach, competed in this event in their respective weight classes; and WHEREAS, the 75-pound Cheerleading Squad, the 95-pound Squad, the 120-pound Squad, and the 145-pound Squad of the Delray Rocks Cheerleaders all received the highest honor a Cheerleading Squad can receive "A SUPERIOR RATING", in the Cheer Dance Division; and WHEREAS, this is the first time in the history of the South Florida Youth Football Cheerleaders Program that ALL FOUR SQUADS from Delray Beach received this honor; and WHEREAS, to further add to the great accomplishments of these young women and their coaches, the Delray Rocks 75-pound Team won its second Super Bowl and the organization also received the league's CONDUCT AWARD. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Rocks and the Delray Rocks Cheerleaders to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF ~OOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELEAY BEACH, FLORIDA 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 9th day of January, 1996. MAYOR THOMAS E. LYNCH SEAL W~EREAS, Dr. Martin Luther King, Jr. was born on January 15, 1929, in Atlanta, Georgia, and dedicated his life to all Americans being able to enjoy the freedom guaranteed every citizen under the United States Constitution; and, W~EREAS, January 15, 1996, will be observed as Martin Luther King, Jr. Day in honor of the memory and ideals of Dr. King; and, W~REAS, Martin Luther King, Jr. labored tirelessly to obtain equality of opportunity for all Americans; and, W~EREAS, Martin Luther King, Jr. was instrumental in the advancement of equality for all Americans; and, W~EREAS, January 15th should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 15, 1996, as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifice made by Dr. King on behalf of all Americans and join in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the world. 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 9th day of January, 1996. MAYOR THOMAS E. LYNCH SEAL i -- RECEIVED GOVERNMENT FINANCE 00~' .,~ 0 1~(~5 OFFICERS ASSOCIATION CITY ~:' ~--~'- n~l~.F North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 · Fax: 312/977-4806 October 27, 1995 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. Harden: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended September 30, 1994 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Milena L. Walinski, Assistant Finance Director. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1994 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE. OFFICERS ASSOCIATION Stephen J. Gauthier Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K St~et, N.~, Suite 650, Washing~n. DC 20006 202~29-2750 · Fax: 202~29-2755 // I [IT¥ JIF EIELRI:I¥ BEI:I[H DELRAY BEACH ~ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 AII-AmericaCity MEMORANDUM ,~ TO: David T. Harden, City Manager 992, FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, JANUARY 9, 1996 SPECIAL EVENT REQUEST. ANNUAL DOWNTOWN ART FESTIVAL DATE: December 27, 1995 ACTION City Commission is requested to endorse the 7th Annual Howard Alien Art Festival to be held on January 13-14, 1996, and to authorize staff to seek a street closure permit from D.O.T. for Atlantic Avenue between Venetian and A-1-A and to authorize staff assistance as requested at no charge to the City. BACKGROUND Howard Allen, the vendor for this event, has agreed to be responsible for trash pick up and cleaning and to pay for overtime for Police security and street barricading. The estimated overtime costs for these services will be $2,350. City Commission is requested to endorse the event, the request for street closure from D.O.T. and to provide staff support. Staff concurs with the request except for the complete closing of Atlantic Avenue between A-1-A and Bronson. We feel that arrangements need to be made to provide residents access to Salina and Bronson and feel that two (2) lanes of traffic need to be left open. RECOMMENDATION Staff recommends approval and endorsement of the 7th Annual Howard Allen Art Festival, approval of staff assistance at no charge to the City, and closure of Atlantic Avenue from A-1-A to Venetian, except for traffic access to Salina and Bronson. RAB:kwg cc: Major Lincoln Scott Solomon Uarjorie Ferrer THE EFFORT ALWAYS MATTERS Prmted on Recycled Paper PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: David Harden, City Manager THROUGH: Dian lng and Zoning FROM: John Walker, Project Coord inato:J/~~~ SUBJECT: MEETING OF JANUARY 9. 1996 ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT FOR DELRAY OAKS ** CONSENT AGENDA ** ACTION REQUESTED OF THE CITY COMMISSION The action requested of the City Commission is that of approval of Addendum I to the Conceptual Approval Agreement for Delray Oaks. BACKGROUND Delray Oaks (Ecosite 67) is an environmentally sensitive parcel located on the west side of Congress Ave. at S.W. 29th St. The property has been purchased by Palm Beach County. The site is the subject of a grant from Florida Communities Trust (FCT) to the City and County as joint applicants. A Conceptual Approval agreement, setting the terms and conditions of funding, was approved by the City Commission on May 5, 1995. The agreement was to expire on December 4, 1995. The County requested an extension to allow Florida Atlantic University additional time to prepare the management plan. The extension has been approved by the FCT Board. This addendum extends the agreement to June 10, 1996. All other conditions of the agreement remain unchanged. RECOMMENDED ACTION By motion, approve Addendum I to the Conceptual Approval Agreement for Delray Oaks. Attachments: * addendum I to the conceptual approval agreement · location map · conceptual approval agreement · letter of October 12, 1995 from Palm Beach County S:V~,DV~CCOAKS2 CONTRACT ~95-CT-79-94-4A-A1-005 FLORIDA COMMUNITIES TRUST P4A AWARD # 94-005-P4A ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM I to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH ("FCT Recipient"), this day of , 199_. WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 award; WHEREAS, the initial term of the Conceptual Approval Agreement expires December 10, 1995; WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 2 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2) (k), F.A.C., has timely submitted to FCT a written request for extension of the December 10, 1995, deadline; WHEREAS, GENERAL CONDITIONS paragraph 10 of the Conceptual Approval Agreement states that the agreement may be amended at any time prior to FCT giving final project plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K-4.010(2) (k), F.A.C.; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I' ~GENERAL CONDITIONS, paragraph 2. and paragraph 10., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 2. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before December 10, 1995. ADDI\94-005-P4A 11-9-95 1 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended until June 10, 1996. 4. The date of execution of this addendum shall be the date that the last party signs this addendum. THIS ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", "B" and "C" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT. AGREED AND ACCEPTED, this day of , 1994 ATTEST: PALM BEACH COUNTY, FLORIDA Dorothy H. Wilken, Clerk BOARD OF COUNTY COMMISSIONERS BY: BY: Deputy Clerk Chair Date: Date: (SEAL) Accepted as to Form and Legal Sufficiency: BY: County Attorney Date: ADDI\94-005-P4A 11-9-95 2 CITY OF DELRAY BEACH ATTEST: As to the City By: By: Title: Title: Date: Date: Accepted to Legal Form and Sufficiency: By: City Attorney Date: FLORIDA COMMUNITIES TRUST James F. Murley, Chair Date: Accepted as to Form and Legality: Date: ADDI\94-005-P4A 11-9-95 3 CANAL s.w. 29'TH $7. CAN. AL N. DELRAY OAKS PARCEL OTY Or DEL~AY BI:ACH. ~ ' " Board of County Commissioners County Administrator Ken L. Foster, Chairman Robert Weisman Burr Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Department of Warren FI. Newell Environmental Resources Management Mary McCarty ~ Maude Ford Lee October 12, 1995 Ms. Anne Peery, Executive Director Florida Communities Trust 2740 Centerview Drive, Room 300 Tallahassee, FL 32399-2100 Dear Ms. Peery:. SUBJECT: DELRAY OAKS, PROJECT NO. 94-005-P4A In your letter of October 2, 1995, you requested that we provide a written request for extension of the Conceptual Approval Agreement (CAA) for this project. The CAA is scheduled to expire on December 4, 1995. We provided that request in our letter of July 18th, a copy of which is enclosed. As indicated in that letter, Florida Atlantic University (FAU) has stated its interest in preparing the management plan and has asked for the CAA to be extended to June 4, 1996, to allow them time to do so. If FAU personnel do not prepare the plan, it will be done by County staff during preparation of the project plan. This request was not considered at the July or September Governing Board meetings. Option contracts have been obtained for both ownerships, and environmental audits and surveys have been completed by consultants for the owners and are being reviewed by County staff. We anticipate that both acquisitions will be presented for consideration by the Board of County Commissioners on November 7, 1995, if the due diligence materials are found to be satisfactory. The draft agenda items have been prepared and the final items are expected to be submitted next week. We anticipate that the closings on both ownerships will occur prior to the end of the calendar year. We also look forward to a successful completion of this project. Please contact Kathteen Brennan at 407/233-2400 if you have any questions concerning the extension request or the status of the acquisitions. Sincere)y, /7, Richard E, Walesky, Director ~-~ ~-~.,]~,,,,,~,r~-,~ Environmental Resources Management Enclosure cc: John Walker, Project Coordinator, City of Delray Beach PI_ANN,lNG & ZONING "An Equal Opportunity ~ Affirmative Action Employer" ~c~.~.o,~o.~o¢.~.,:.lo,~o~oo~ 3323 Belvedere Road, Bldg. 502 West I'ahn Beach, Florida 33406 (407) 233-2400 .quncom 274-2400 FLORIDA ATLANTIC UNIVERSITY BOCA RATON, FLORIDA 33431-0991 ENVIRONMENTAL INITIATIVE Sheila A. Mahoney, Director (407) 367-2635 ?..:. ,.~,,,wd ....... (407) 367-2985 (Fax) J~e 22, 1995 ~. ~ch~d Wales~, Director Dep~ent of Enviromental Reso~ce M~agement PMm Beach Co~ 3111 Sou~ Dixie Highway, Suite 146 West PMm Beach, FL 33405 De~ ~ch: '~ you ~d Kay Bre~ ~d B~ ~ for meeting M~ me 12 J~e, 1995. ~e follo~g is my recollection of ~e resul~ of o~ discussion at ~at meet~g. Florida Atl~fic U~vemi~ is eager to enter ~to a long-tern p~emhp ~ ~e P~ Beach Dep~em of Envkomen~ Reso~ces, whereby ~e Uffiversi~ Mll provide ~ ~terdiscipl~ tern of science expeffise to work ~ DE~ to produce so~d, long-te~ m~gement pl~ for · e Wilderness Isl~ds l~d p~cels ~at ~e berg acquked by ~e Co~. O~ work on ~ese p~cels obviously benefim ~e teac~g ~d rese~ch mission of ~e U~versi~ ~ well ~ ~lfilling DE~'s ch~ge. We Mso a~ee ~at ~fi~ ~sessment ~d longqe~ moffito~g c~ be e~ced by U~versi~ perso~eI who ~e ~emselves Iong-tem Cenmed) ~d reside ne~by. ~e ac~ mc~e of~ FAU~E~ p~e~p Mll need to be worked out ~d ~ req~e Iong- te~ ~ding. ~e Uffiversi~ ~ ~d Jo~ De~ovQ Mll meet ~ ~e Palm Beach Co~ L~d Trust ~ ~e ~ediate ~e to ~k ~em to seek ~ding for ~e p~ers~p, ~clud~g ~d~g endowed chai~ ~ Enviromental S~dies at Florida Atl~tic U~versi~. Rather ~ delay o~joint effo~ ~er w~le we seek ~ding, FAU a~ees to work ~ DE~ on a pilot project, the Delray O&s 24.5 acre site. We will provide a scientific ~sessment ~d management pl~ for the site for yo~ approval. ~e impending deadline of late October for completion of~e pl~ however, is problematic became fac~ ~d smdenB ~I not MI be back on cmp~ ~til late Aught for ~e FM1 te~. Could we ~ge a six mon~ e~e~ion ~ late M~ch or April for a fi~shed pl~? In ~e mettle, FAU ~11 actively seek ~e ~d~g refe~ed to above. i .lllllrll Mr. Richard Walesky June 22, 1995 Page 2 I hope this fairly summarizes our discussion. If you have questions or comments, please let me know. I look forward to working with you and Kay Brennan and Barry Smith. Sincerely, Sheila A. Mahoney Director, Environmental Initiative SAM:ab cc: R.L. Osburn University Provost J. DeC_ri'ore Director, Joint Center J. Wiesenfeld Dean, College of Science - R95 6 ? 9D CONTRACT ~A~-~-'~-~%/'F~/~OO~- FLORIDA COMMUNITIES TRUST MAY 1§ 1995 P~A AWARD~ 9~-005-P4A CONCEPTUAL APPROVAL A~REEMENT THIS AGREEMENT is entered into on /Z-~_ ~b~ , 1995, 'by and between the FLORIDA COHMUN/~IES TRUS~ (FCT), a nonregulatory agency within the State o~/Florida Department of Community Affairs, and PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH (FCT Recipient), local governments of the State of Florida, in order to impose terms and conditions on the disbursement of Preservation 2000 Revenue Bond proceeds as partial reimbursement of funds expended by the FCT Recipient to acquire land (Project Site), hereinafter described, and to' impose ter~s and conditions on the Project Site, as shall be necessary to ensure compliance with applicable Florida.Law and federal income tax law and to' otherwise implement provisions of Sections 259.101, 375.045, and Chapter 380, Part III, Florida Statutes (F.S.). * * * * * * WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensivelplans into compliance and implementing the goals, objectives~ and policies of the conservation, recreation and open space, and coastal elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS,'Section 259.101(3)(c) of the Florida Preservation 2000 Act provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of community Affairs to provide land acquisition grants and loans to local governments through the FCT; WHEREAS, the Governor and cabinet authorize'd the sale and issuance of ~tate of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds '(Bonds); WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; WHEREAS, Rule 'Chapter 9K-4, Florida Administrative Code (F.A.C.) sets forth the procedures for..gvaluation and selection of lands proposed for acquisitionusing funds allocated to the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fun~; WHEREAS, t~e FCT Governing Body met on January 12, 1995, to rank and select projects that were to receive Conceptual Approval for funding; WHEREAS, the FCT ReciPient's project was selected for funding in accordance with Rule Chapter 9K-4, F.A.C.; WHEREAS~ Rule 9K-4.010(2)(f), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, Rule 9K-4.0031(9) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project ~ite as an eligible source of local match, provided that real property owned by the Recipient has been acquired, by CAA/94-005-P4A PRE-ACQ/3-10-95 i the Recipient, within one year of the publication date of the Notice of Application Period for which the application was made the date of said Notice being July 1, 1994; WHEREAS, the FCT ReciPient acquired the fee simple, title to the Project Site.on(pu~ehasepe~i~)fr~m A&A AssoeiatesandLandResources Investment Co~gratlon; WHEREAS, the FCT Recipient has requested disbursement of FCT PreserVation 2000 Series Bond'Proceeds from FCT subsequent to the closing on the acquisition of the Project Site for the project costs expended for the acquisition of the Project Site by the FCT Recipient; and WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual Approval that must be satisfied by FCT Recipient prior to the disbursement of any FCT'Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Series Bond Proceeds. NOW THEREFORE, FCT and FCT Recipient mutually agree as follows: I. ~ENER,%L CONDITIONS 1; At least two original copies of this Agreement shall be executed by FCT Recipient and returned to the FCTi office at 2740 Centerview Drive, Tallahassee, Florida 32399-210Oas soon as possible and before June 10, 1995. Upon receipt by FCT of the signed Agreements, FCT will execute the Agreements, retain one original copy and return all other copies to FCT Recipient. 2. Conceptual Approval for funding shall be until December '10, 1995. In the event a project plan has not received project plan approval by December 10, 1995, the FCT Recipient must request a written extension to the Conceptual Approval Agreement for project continuation in compliance with Rule 9K-4.010(2)(k), F.A.C. If the FCT Recipient does not request an extension, or if an extension is not granted to the FCT Recipient by the FCT Governing Body, the Preservation 2000 award granted to the FCT Recipient by the Governing Body shall terminate and all obligations hereunder shall cease. 3. The .FCT Preservation 2000 award granted to the FCT Recipient will in no event exceed the lesser of FIFTY percent (50%) of the final total project costs, as defined in Rule 9K- 4.002(31), F.A.C., or ONE MILLION SEVEN HUNDRED EIGHTY-ONE THOUSAND SIX HUNDRED FIFTY Dollars ($1,781,650.00), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K- 4.011(2) (a), F.A.C. 4. The grant amount reflected in Section 1.3., hereinabove, is based on the FCT Recipient's estimation of Project Costs in applicatio~ 94-005-P4A and limits on awards in the Notice of Application Period announcing the application cycle. The actual total Project Costs, defined in Rule 9K- 4.002(31), F.A.C., for acquisition of the Project Site will be reflected on a grant reconciliation statement prepared pursuant to Section I. 6., hereinbelow. The FCT will participate in the land cost at either the actual purchase price, or the maximum approved purchase price based on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is less, and multiplied by the percent stated in Section 1.3., .hereinabove. 5. The FCT Governing Body has given Conceptual Approval for funding to acquire the entire Project Site identified in the FC~ Recipien~ s application ~94-005-P4A. The Governing Body reserves the right to. withdraw its FCT award if the acreage that CAA/94-005-P4A PRE-ACQ/3-10-95 2 comprises the Project Site iS reduced so that the objectives of the acquisition cannot be achieved or if the priority parcel(s) identified in the acquisition plan prepared pursuant to Section II. 5., hereinbelow cannot be acquired. 6. FCT awards shall be delivered either in the form of eligible project costs prepaid by FCT or in the form of a state warrant to the FCT Recipient. FCT award funds shall only be delivered, after FCT approval of the project plan and terms of the acquisition of the Project Site. If the Project Site is comprised of multiple parcels, FCT shall deliver only the share of the FCT award that corresponds to the parcel for which reimbursement is made. FCT will prepare a grant reconciliation statement prior to the reimbursement for the Project Site parcel that will evidence the amount of local match, ~f any, provided by the FCT Recipient and the portion of the FCT award that corresponds to the parcel for which reimbursement is being made. Cash expended by the FCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 7. A local match shall only be required when the amount of FCT grant award stated in Section 1.3., hereinabove, is less than ONE HUNDRED percent (100%) of the total project costs. If a lpcal match is required, the FCT Recipient's local match shall be delivered in the form of eligible project costs prepaid by the FCT Recipient. If the Project Site is comprised of multiple parcels, the FCT Recipient shall only be reimbursed for the prepaid eligible project costs that correspond to the parcel being reimbursed. The cash expended by the FCT Recipient for eligible project costs incurred bythe FCT Recipient will be recognized as part of the local match on the reconciliation statement prepared pursuant to Section I. 6., hereinabove. In the event FCT Recipient's application #94-005-P4A represents that land is the source of local match, the value attributed to the land loca~ match shall be determined after an appraisal report that complies with the procedures And requirements set forth in Rule 9K-6.007, F.A.C. 8. The FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series 4A Funding Cycle on September 28, 1994. If by local government initiated action taken subsequent to September 28, 1994, a Project Site is given an enhanced highest and best use which would result in a governmentally derived higher value, the reimbursement for land costs shall be determined by appraisal(s) based on the highest and best use of the Project Site on or before September 28, 1994. FCT advised the FCT Recipient of this condition by letter as attached hereto as Exhibit B and incorporated herein by reference. 9. FCT Recipient agrees to make diligent efforts to submit the documentation that is required in this Agreement as soon as is reasonably possible to' F~T so that the Project Site may be acquired in an expeditious manner. 10. This Agreement may be amended at any time prior to FCT giving project plan approvalto the FCT Recipient. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. II. REQUIREMENTS THAT MUST BE MET PRIOR TO PROJECT PLaN APPROFAL AND THE DELIVERY OF A~ARD FUNDS FOR REIMBURSEMENT OF PROJECT COSTS EXPENDED BY FCT RECIPIENT.TO ACQUIRE PROJECT SITE 1. By execution of this agreement, the FCT Recipient affirms that~ CAA/94-005-P4A PRE-ACQ/3-10-95 3 a. the FCT Recipient reaffirms the representations made in FCT Application f94-005-P4A; b. the FCT Recipient shall, on the anniversary date of the approval of the project plan by the Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. 2. Prior to final disbursement of award funds by FCT, the FCT Recipient must prepare a project plan, which is a compilation of documents, that complies with Rule 9K-4.011, F.A.C. This project plan, which is a compilation of documents, must be reviewed and appr6ved by FCT, and. include the following documents: a. Astatement that the acquisition activities were conducted consistent with either Rule 9K-6.004(3)(d) (1) or (2), F.A.C., whichever applies. b. The following documents, to be reviewed by FCT to ensure that the interest of the State of Florida will be protected: (1) A copy of the 'real estate contracts fo~ sale and purchase.of the Project Site between FCT Recipient and ^&A Associates and Land Resources Investment Co~poPation ~ p~rchas(2)fe o A copy of B~yer and Seller closing statements for the the Project site. (3) A copy of the recorded deed evidencing conveyance of title to the Project Site to the FCT Recipient. (4) Certified survey of the Project Site that meets the requirements.of Rule 9K-6.006, F.A.C., and dated.within 90 days of the date of acquisition of Project Site by FCT Recipient. (5) Appraisal report(s) prepared for the FCT Recipi~nt's acquisition of the'Project Site that complies with the requirements of Rule 9K-6.007, F.A.C. (6) A copy of the title insurance policy evidencing marketable title in FCT Recipient to the Project Site and effective the date of acquisition of the Project site by the FCT Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by FCT Recipient, and all.documents referenced in the tit%~ policy. (7) Environmental site assessment ofthe Project Site certified to the FCT Recipient, which meets the standards and requirements of the FCT Recipient, and with a date of certification within 45 days before the date of acquisition of the Project Site by FCT Recipient, together with the statement required by Rule 9K-6.012(4), F.A.C. c. A management plan that complies with the following: written according to Exhibit C (FCT Technical Assistance Bulletin #2--Writing a Management Plan),. which is attached hereto and incorporated herein by reference; acceptable to FCT; addresses the griteria and conditions set forth in Section V, VI, VII and VIII hereinbelow; and, at a minimum, sets forth how the site will be managed to further, the purpose of the project, contains a description of ali planned .improvements to the Project Site, identifies the costs of management and site improvement ~nd funding sources, and identifies the management entity end. its funding source. If the FCT ReciPient is not the proposed managing entity, the project plan must include a signed agreement between the FCT Recipient and ~he managing entity CAA/94-005-P4A PRE-ACQ/3-10-g5 4 stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. d. A statement of the total project cost, including all non-recurring costs of project development. e. A statement of the amount of the award being requested from FCT. f. A statement from each FCT Recipient in whose jurisdiction the Project Site is located that the project plan is consistent with the local comprehensive plan. g. Evidence that conditions imposed as a part of the Conceptual Approval Agreement have been satisfied. h. An affidavit from the FCT Recipient evidencing that after conducting a diligent search, the FCT Recipient, to the best of its knowledge, represents that there are no existing or pending violations of any local, state, regional and federal laws and regulations on the Project Site. In the event that the FCT Recipient is a partnership, the FCT Recipient must provide FCT with the interlocal agreement that sets forth the relationship among the partners andl the fiscal and management responsibilities and obligations incurred by each partner for the Project Site. 3. Pursuant to 9K-4.011(2) (h), F.A.C., FCT shall withhold project plan approval if the local comprehensive plan(s) of the FCT Recipient or the FCT Recipient's partner is, for any reason found not in compliance by the Department after conceptual approval has been granted by FCT, unless the FCT Recipient has executed a stipulated settlement agreement with the Department to resolve all of the issues raised by the Department in a statement of intent to find a plan not in compliance issued to pursuant to Section 163.3184(8), F.S. IV. PROJECT SITE ACQUISITION R~QUIREMENTS ~MPOBED BY CHAPTER 259t CHAPTER 375t AIgD CHAPTER 380, PART FCT RECIPIENT AGREES AS FOLLOWS: 1. FCT shall approve the terms under which the'interest in land was acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT governing body approves the project plan containing a copy of the document vesting title to the Project Site in Palm Beach County. 2. Title to the Project Site shall be titled in Palm Beach County. 3. Any deed whereby Palm Beach County acquires title to the Project Site shall contain or be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.045 and 375.051, F.S.; Section 9, Article XII of the State Constitution; the applicable bond indenture under which the Bonds were issued~ and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the Project Site conveyed~thereby for such purposes. CAA/94-005-P4A PRE-ACQ/3-10-95 5 4. A Grant Award Agreement containing such covenants and restrictions as referenced in Section IV.3. above and describing the real property subject to the' Agreement shall be executed by the FCT and FCT Recipient prior to the disbursement of award funds to the FCT Recipient and shall be recorded in the county in which the Project Site is located. 5.. If any essential term or condition of the grant is violated, and the FCT Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The Grant Award Agreement described in Section IV. 4. shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 6. The interest acquired by Palm Beach County in the Project Site shall not serve as security for any debt of the FCT Recipient. 7. If the existence of the Palm Beach County terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 8. The Project Site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation that is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site must be specifically designated in the management plan approved by the FCT as a part of the project plan. V. OBLIGATIONS OF THE FCT RECIPIENT ~S A CONDITION OF PROJECT FUNDING 1. Following the acquisition of the Project Site, the FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses 'as appropriate. I~ an amendment to the FCT Recipient's comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient subsequent to the Project Site's acquisition. 2. FCT Recipient shall ensure, and provide evidence thereof to FCT, thatall activities under this Agreement comply with all applicable local, state, regional and federal'laws and regulations, including zoning ordinances and .the applicable adopted and approved comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. · 3. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the management plan approve by the FCT as a part of the project plan. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. 5. All.~buildings, structures, improvements, and signs shaI1 require the prior written approval of FCT as to purpose. CAA/94-005-P4A PRE-ACQ/3-10-95 6 Further~ tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing.the items mentioned herein shall be consid6redwritten approval from FCT. VI. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Sections 375.045(4) and 3S0.510(7)(a) and (b), F.S., to impose conditiqns for funding on FCT Recipient in order to ensure that the project complies with the requirements for the use of Preservation 2000 Bond proceeds including without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. If the Project Site is to remain subject, after its acquisition by the FCT Recipient and/or the Trustees, to any of the below listed transactions, events, and circumstances, the FCT Recipient shall provide at least 60 daysadvance written notice of any such transactions, events, and circumstances to FCT, and shall provide to FCT such information with respec~ thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest. FCT Recipient agrees and acknowledges that the following transactions, events, and circumstances may be disallowed on the Project Site as they may have negative legal and'tax consequences under Florida law and federal income tax law. The FCT Recipient further agrees and acknowledges that the following transactions, events, and circumstances may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to any person or organization; b. the.operation of any concession on the Project Site by any person or organization; c. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; e. .any change in the character or use of the Project ' site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; f. a management contract of the Project Site with any person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient~ The foregoing are collectively referred to as the "Disallowable Activities." VII. DISALLOWABLE ACTIVITIES/REMEDIES , In the ~vent that FCT determines at any time or from time t° time that the FCT ReciPient is engaging or allowing others to CAA/94-005-P4A PRE-ACQ/3-10-95 7 engage in Disallowable Activities on the Project Site, the FCT Recipient agrees to immediately 'cease or cause the cessation of the Disallowable Activity upon receipt of written notice from the FCT. To the extent allowed by law, FCT Recipient hereby indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any nature whatsoever arising from or with respect to Disallowable Activities on the Project Site. Nothing herein shall be deemed a waiver of the FCT Recipient's sovereign immunity. In addition to all other rights and remedies at law or in equity, FCT shall have the right to temporary and permanent injunctions against FCT Recipient'for any Disallowable Activity on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. VIII. CONDITIONS PARTICULAR TO THE PROJECT BITE 'THAT MUST BE ~DDRESSED IN THE I~%/FAGEMENT PLAN 1. The FCT Recipient shall provide outdoor recreational facilities including a nature trail, an interpretive kiosk and a parkingarea on.the Project Site. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the significant natural resources on the Project Site without causing harm to those resources. 2. The timing and extent of a vegetative survey of vegetative communities and plant species on the Project Site shall be specified in the management plan. The FCT Recipient shall detail how the survey shall be used during development of the site to insure the protection, restoration, and preservation of the natural resources on the Project Site. 3. The xeric oak and cabbage palm hammock, mesic flatwoods and wetland communities that exist on the Project Site shall be appropriately managed to ensure the long-term.viability of these vegetative communities. 4. The Project Site shall be managed in a manner that optimizes habitat conditions for listed wildlife species that utilize or could potentially utilize the Project Site, including the gopher tortoise and colonial and migratory bird species. The FCT Recipient shall coordinate With the Game and Fresh Water Fish Commission and the Nature ~onservancy on the management of the Project Site for the protection of listed species and listed species habitat. The FCT Recipient shall also conduct periodic surveys of listed species using the Project Site and develop informational signs relating to the protection of listed animal species and their habitat. 5. The FCT Recipient shall remove approximately 3.4 acres of exotic vegetation from the Project Site and manage this area to allow for natural succession by native vegetative species. 6. A vegetation analysis of the Project Site shall be performed to determine which areas of the Project Site need a prescribed burning regime implemented to maintain natural fire- dependent vegetative communities. The FCT Recipient shall coordinate with Division of Forestry and'Game and Fresh Water CAA/94-005-P4A PRE-ACQ/3-10-95 8 Fish commission on the development of a prescribed burn plan for the. Project Site. 7. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. Ail planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources, in order to prevent the disturbance of significant sites. 8. The FCT Recipient shall ensure that the Project Site and listed animal species and their habitat are sufficiently buffered from the adverse impacts of adjacent land uses. 9. The FCT Recipient shall coordinate wi~h Atlantic Community High School to develop and implement environmental education and scientific research programs related to the natural resources on the Project Site. 10. Access to the Project Site bypedestrians and bicyclists shall be promoted as an alternative to automobile ~ccess. 11. The FOT Recipient shall remove and restrict all feral and domestic animals from the Project Site. 12. The FCT Recipient shall remove all trash and debris from the Project Site. 13. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. CAA/94-005-P4A PRE-ACQ/3-10-95 9 This Agreement including Exhibits "B" and "C" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. AGREED AND ACCEPTED, this · . day of , 1994 ATTEST: PALM BEACH COUNTY, FLORIDA Dorothy H. Wilken, Clerk BOARDiQF'-~UNT~ COMMISSIONERS ~O~... ..... :~ % ;~., ~-~~~":'-~"~'", ~AY ~ 6 ~995o~.: MAY V6 ~995 CO~NT~ ,k~ed as t% Fo~ and Legal Suffic~ency~/ County ~0~h~y/ CITY OF DELRAY BEACH ATTEST' .... ' . As ~o t~he C~ty ClAlison-MacGregor Harty David T. Harden ty Clerk' , Title: City Manager C l~t~ Attorney FLORIDA COMMUNITIES TRUST .Accepted as to Form and Legality: CAA/94-005-P4A PRETACQ/3-10-95 10 January 27, 1995 F.r. Richard E. Walesky Direcuor Deparr_~ent of ~nvironmen~al Resources Division 3111 Scutch Dixie Highway Suite 146 West Palm Beach, Florida 33405 RE: Delray Oaks/Palm Beach County & City of Delray Beach FCT Projec~ ~umber: 94-005-P4A Dear FJ. Walesky: On Ja/luary 12, 1995, the Florida Communities Trust ("FCT") governing board ranked and selected for funding ce~ain applications received by the FCT during ~he Series P4A funding cycle. The above referenced projec~ application was selected for ~unding. Prior to being selected for funding, the project %fas included on the Preservation 2000 Progra~ Approved List of Compie=e Applications for Series P4A Funding Cycle. This list %-as approved by FCT a= a public meeting held September 28, 1994. Ail FCT proje~ sites %'ill be purchased upon voluntarily negotiated =e_--ms be~-ween FCT, the local government and T_he seller. Once an application has been placed .on a l~st of approved' projects, decisions made by governmen~l authorities, such as rezoning, annexation, ex~ansion of water/sewer ~ervice~, etc., may have an effect on the value of T_he *proje~ site idenzif£ed in that FCT app!icaZion. In that regard, the staff of the FCT ~as directed by the governing board at its Janum_-y 12, 1995, nee=i~g as follows: If by an a~ion initiated by the local government subsequent =o the time the. PCT Gov .er. ning Body adopted the Preservation 2000 Program Appr6ved Lis= of Complete Applications for Series P4A Funding Cycle, a project site is given an enhamced highest and best use that would result in a governmentally derived higher value, the FCT acquisition activities will be terminated unless the seller agrees that the appraisal %'il! be done at the highest and best us~e of the project site at the tLme the FCT Governing Bokrd approved the Prese_--vation 2000 'Progra~ Approved List of Complete Applications for Series P&A January 27, 1995 Page 2. This policy is revised from earlier cycles to apply only to actions initiated by the local government. Previously, the policy applied to all action, whether initiated by a property owner or the local government. The governing body recognizes that local governments must respond to actions requested by proper~y owners and may be compelled by local government regulations to grant land use changes that may impact values. A Conceptual Approval Agreement governing the grant award for the project will be approved by the FCT governing board at its March 10, 1995, meeting. That agreement will contain language relating to a governmentally derived higher value. Please prepare to advise me in writing, at the time you return the executed Conceptual Approval Agreement, whether any action has been taken by your local government subsequent to September 28, 1994, that potentially affects the FCTproject site in your jurisdiction, or if any action has been requested of the local government concerning the FCT project site. Sincerely, Anne Peery Executive Director AP:tck EXHIBIT C FLORIDA COMMIINrITIES TRUST PRESERVATION 2000 A..N ACSC PROGRA.M_q Technical Assistance Bulletin: 02 Writing a Management Plan The conceptual management plan submitted as a pan of a Florida Communities Trust ("FCT")grant application or proposal serves as a basis for the management plan for project sites purchased with funds from FCT. Materials and information gathered for the application or proposal can and shOuld be reflected in the plan where appropriate. Conditions required in the Conceptual Approval Agreement or Grant A~eement should be incorporated in the management plan. Location map, boundary map, vegetative surveys, site plans, Conceptual Approval Agreement, the r ~ecorded deed when it becomes available, and other supporting documents should be included as exhibits or included in the appendix of the management plan for future readers. The following general outline identifies the range of issues to be addressed in the management plan, where applicable. Introduction and General Information .Provide a table of contents of the management Plan. Provide information including the name of the project, the location of the Project Jite, and other general information such as ~-brief resource description, and historical information relevant to sim management. Purpose of the lh'oje~ and Management Discuss the purpose for acquiring the Project Site and propos~ future uses ..consistent with statements made in the application or proposal. Provide a summary of the comprehensive .pm directives that Would be furth~ed by manag/ng the site as proposed. Comrnitm~ts made in.the application or proposal and reinforced by conditions of the the man~ement plan.. Identify the principle objectives for managing natural resources and compa~ble outdoor recreation. Identify a procedure to amend the land use designation to conservation, outdoor recreation, open space, or other similar category once the land is acquired. Include provisions to ensure that the Project Site is idenfifi~ in all signs, limrature, and advertising as being publicly owned, open to the public and operated as a natural resource conservation area,, outdoor recreation area, or oth~ appropriate descriptive language, and idenfi~ing the Project Site as having ben purchased with funds from the. FCT and the Recipient. Site Development, Improvements and Access Incorpo:-ate a provision for requesting written approval from the FCT before bsginning any sim almrafions or physical improvements not addr¢ss~ in the FCT approved management plan. Physical Improvements: Identify and locate existing and proposed physical improvements to the Project Site on a master site plan. These might include such things as signs, fences, walk-ways, recreational paths, campgrounds, restrooms, educational space, utility corridors, parking areas and buildings. Identify any proposed alteration .of land use or character, the approximate area affected and how this activity will be coordinated with the protection of listed plant and animal species.. Identify any permits or approvals that may be required for the development or restoration work and a procedure for providing evidence to the FCT prior to the initiation of any activity that all required licenses and permits have been obtained. Include the placement of at least one sign identifying the Project Site as being open to the- public,-purchased with funds from FCT and the Recipient, operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive language. Access: Identify how access to the Project Site will be provided. For example, are parking. places proposed on-site, and if so, approximately how many spaces or how much area will be devoted to this use? If parking is not proposed on-site, are there existing or proposed spaces adjacent to or sufficiently near the property? Identify any proposed access to waterbodies including, but not limited to, marinas, docks, boat ramps, fishing piers or viewing platforms and the approximate size of the facility. Consider providing bike paths to the site and bike racks at the site to provide an alternative to automobile transportation to the Project Site. Access to Project Sites should be compatible with all state and federal construction standards, including the Americans with Disabilities Act. Easements, concessions, or leases: Ide.ntify existing and proposed easements, concessions, or leases. If easements, concessions, or leases are anticipated to be granted on the Project Site, such proposed arrangements need to be identified. These might include utility rights-of-way, towage or access easements, recreation or supply concessions, and leases or other instruments that would allow grazing, timbering, agriculture, .or other revenue producing enterprises. (Include a procedure to provide 60 days prior written -notice and information regarding any lease · of any interest, the operation of any concession, any sale or option, any use other than by a member of the public, and management contracts of the Project Site with non:governmental persons or organizations. Key Management Activities Maintenance: Identify required maintenance activities, including but not limited to, wash removal, site cleanup, and facilities upkeep. Identify the entity responsible for property' maintenance. Identify pro. cedures to ensure that .dumping of trash or hazardous material does not occur on or adjacent to the Project Site. Identify contemplated service contracts with private concerns such as garbage removal, restroom cleaning, security guards, etc. Security: Identify the parties responsible for preventing vandalism, trespassing, and other property damage. Identify measures to protect the Project Site and the public using the site such as on-sim manager, security guards, neighborhood watch, emergency phones, etc. Staffing: Identify the expected staffing requirements for management of the Project Site including both permanent and volunteer staff. Natural resource protection: Identify the natural resources at the Project Site and the issues, problems, and proposed management techniques associated with protection of those ,natural resources. Management techniques should include, but not be limited to, a baseline survey of listed plant and animal species, protection of listed plant and animal species, protection of imperiled or critically imperiled vegetative communities, protection Of geological features, protection of surface water and groundwater quality and hydrology, and prescribed bums. Identify monitoring activities to insure the continued viability of vegetative communities and listed species found on the Project Site. The monitoring plan should include periodic surveys- of the vegetative communities, listed plant species, and listed animal species found on the Project Site. Provide for forwarding survey information on the occurrence of listed plant and animal species to the Florida Natural Areas Inventory. Resource restoration and enhancement: Identify the primary components of the Project'Site enhancement and restoration effort, if any. These might include removal ofinvasive exotic plant species, removal of feral animals, restoration of wetlands, improvement of surface water quality, recovery plan for listed species, and restoration of upland~s habitat. This section should include a time frame for implementing and completing the activities and a monitoring pro~m"am to insure success of the resource enhancement activities. Identify parts of the property that require different degrees or types of enhancement management. Archaeological and historical resource protection: Identify any archaeological or historical sites on the Project Site and the primary components of managing the archeological or historical simms. Outline procedures to protect archeological or historical sites that may be identified in the future. Incorporate a provision that if any archaeological and historic resources are discovered at. the Project Site, the Recipient shall comply with the provisions of Chapter-267, Florida Statues specifically Sections 267.061 (2)(a) and Co).~ Provide for coordination with. the. Division of " Historical Resources, Florida Department of State. · Coordination: Explain how the management of the simm will be coordinated with-other adjacent land owners and other resource protection agencies. For example, in the case of prescribed bums, what measures will be used to minimize impacts on nearby residential properties? Identify measures to protect the Project Simm from adjacent off-site activities that might impact resources on the Project Site such as pesticide spraying on adjacent property, water treatment facility discharging into creeks flowing through Project Site, etc. Include provisions to coordinate with other agencies for appropriate guidance, recommendations, and necessary permits that may be related to the Project Site, such as the following: the Florida Game and Fresh Water Fish Commis. sion and U.S. Fish and Wildlife Service to avoid impacts to listed species; the Water Management District and Department of Environmental Protection to ensure that development of the Project Site is done in a manner to protect or improve water quality; the Division of Forestry and the Game and Fresh Water Fish Commission on the implementation of a prescribed burn program; other local, state, or federal agencies special management plans, if appropriate. Cost Estimate and Funding Source Identify the estimated costs of the various development and management activities outlined in the management plan. For review and analysis purposes, the estimated costs should be separated into the same categories as the identified activities. Identify the entity that will pay for development and management of the Project Site and some measure of the commitment or capacity to provide these monies. For example, adequate personnel and resources in the local parks and recreation department may exist to address the added burden associated with the .'Project Site. Identify any citizen organization or non-profit groups committed to providing services or funding and a measure of commitment or capacity to provide these services. Priority Schedule Identify a proposed time line for implementing the development .and management activities of the management plan based on established priorities and the availability of funds. Provide a graphic display of the implementation time lines. Monitoring Identify procedures for assessing progress in achieving goals set forth in the management plan such as the percentage of property restored, inventory of species .using the Project Site, etc. Identify procedures for periodic amendment to the management plan, when appropriate. Include a provision acknowledging responsibility for preparing an annual stewardship report to the FCT, due on the anniversary date on which the Project Plan was approvexl by FCT. The Florida Communities Trust 904/922-2207 : ' 2740 Centerview Drive SunCom 292-2207 Tallahassee, FL 32399-2100 MEMORANDUM TO: DAVID HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT/~~ FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR ~_~ RE: MPO GRANT - ATLANTIC AVENUE/I-95 GATEWAY PARKS DATE: JANUARY 3, 1996 ITEM BEFORE THE COMMISSION The item before the Commission is to grant approval for the City to execute the Maintenance Memorandum of Agreements in connection with the grant funding the City has been awarded through Beautiful Palm Beaches, Inc., for the landscape improvements to the West Atlantic Avenue Gateway Parks. BACKGROUND This past summer the City applied for funding through Beautiful Palm Beaches 1995/1996 Grant Program to make landscape improvements to the West Atlantic Avenue Gateway Parks. The plans were prepared by A. Grant Thornbrough & Associates. The City will be providing the funding for a portion of the improvements in the amount of $31,362.00, based on the estimate. Funding requested from the Metropolitan Planning Organization through Beautiful Palm Beaches, Inc., is in the amount of $29, 580.00. Upon execution of this agreement, the Florida Department of Transportation will issue a Notice to Proceed, at which time the City can start construction. The City is currently preparing the bid package for advertisement. We plan to begin replanting some time after March and will engage several community groups to help wi}h the finishing touches. RECOMMENDATION Staff recommends the Commission grant the necessary approval to execute the Maintenance Memorandum of Agreement for the grant funding for the West Atlantic Avenue Gateway Parks. Subject to the City Attorney's comments and approval. RECEIVED £1T¥ DF DELRII't BEIt£H CITY ATTORNEY'S OFFICE Writer's Direct Line: (407) 243-7091 DFLRAY BI:ACH Ali.America City MEMORANDUM DATE: December 29, 1995 1993 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Review of MPO Grant - Atlantic Avenue/I-95 Gateway Parks I have reviewed the District Four Highway Beautification Grant and Maintenance memorandum of Agreement and make the following comments: 1. Paragraph 3 provides for a period of thirty (30) calendar days after notice to correct deficiencies. Thereafter, if the deficiencies are not corrected FDOT may, among other remedies, terminate the agreement pursuant to Paragraph 6 and remove all landscaping at the expense of the City. Paragraph 6 provides that the agreement may be terminated if the City fails to perform its duties under Paragraph 3 following ten (10) days written notice. There appears to be a conflict between the thirty day provision in Paragraph 3 and the 10 day provision in Paragraph 6. 2. I would suggest that Paragraph 8 be amended to add a sentence at the end of the paragraph with states: "Nothing contained herein shall be deemed a waiver of the City's sovereign immunity under Fla. Stat. 768.28 as may be amended from time to time". Please contact me if you have any questions regarding our offices review of the mpo.sar Prlr~t~!,q o,'~ tgecyc/ed Paper FLORIDA '-' ---DEPARTMENT OF TRANSPORTATION LAWTON CHILES ~ DISTRICT MAINTENANCE-DISTRICT 4 BEN C. WnXYS '~ 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309 SEC~.ETnR¥ GOVERNOR llml _- x~J ? Telephone: (305) 777-4200 FAX: (305)777-4223 December 19, 1995 REUc. iVED DEC 2 2 199,5 Mr. David T. Harden CITY MA ........~c'~'lC,~ City Manager City of Delray Beach 100 Northwest First Avenue Delaray Beach, Florida 33444 Dear Mr. Harden: RE: MPO Grant - Atlantic Boulevard/I-95 Gateway Parks Beautiful Palm Beaches, Inc. Has selected your submittal for landscaping at subject area to be funded during the 1995/1996 Grant Program year. Enclosed are the Maintenance Memorandum of Agreements that need to be executed by the City and returned to me. Upon execution by the Department one copy will be returned to you for your records along with a Notice to Proceed. Should you have any questions, please call me at (954-777-4219). Thank you. Sincerely, Ca~rlB~. Higgins, ASLA Landscape Architect CBH/C Enclosure cc: Joseph M. Yesbeck, Director Planning/Programs Higgms~lPO Gmt. Atla/I-95 Gatewypk ~ t~,=C YC I.,E~ PAP~ DISTRICT FOUR (4) mGHWAY BEAUTWICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT DSF-REIMB Tills AGREEMENT, made and entered into this day of 19__, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinat~er called the "DEPARTMENT" and the CITY of DELRAY BEACH , a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY". WITNESSETH WH-I~REAS, as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a SIX (6) lane highway facility as described in Exhibit "A" attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facility that contains landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary replanting; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated ,19 attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in plans and specifications included as Exhibit "B", with if any, the following exceptions: 2. The AGENCY agrees to maintain the landscaping within the median and areas outside the travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's landscape safety and plant care guidelines. The AGENCY's responsibility for malmenance shall include all landscape/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas outside the travel way to the right of way line, excluding sidewalk, on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and proper fertilization of all plants and keeping them as flee as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their enfu-ety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep fitter removed from the median and areas outside the travel way oft.he right of way line, excluding sidewalk. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding payment reduction, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. 3. If at any time after the AGENCY has assumed the landscaping installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Complete the installation or part thereof, with Department or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the landscaping or a part thereof, with Department or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by Department or private contractor's personnel, all of the landscaping 2 installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscapingthardscape after which time the Department may remove the same. 5. The Department agrees to reimburse the AGENCY an amount not to exceedS29,580 , as defined in Attachment "C". Subject to this limit, the Department will pay only for the following costs: (a) Sprinkler/irrigation system (b) Plant materials and fertilizers/soil amendments. (c Paver bricks & other hardscape items. The Department's participation in the project cost, as described in Attachment "C" is limited to only those items which are directly related to this project. Payment shall not be made until (1) certification of acceptance is received from the AGENCY's Landscape Architect/or designee and (2) a Department Landscape Architect and/or his designee has approved the project for final payment. (a) Payment shall be made only at~er receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. (b) Any penalty for dray in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. (c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, and bills for travel expenses specifically authorized by this Agreement, if any, shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (d) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years at~er final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the AGENCY's general accounting records, together with supporting documents and records, of the contractor and all subcontractors performing work, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. (e) The AGENCY agrees to return all monies received under the terms of this Agreement, to the Department, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 6. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (b) By the Department, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received by the AGENCY in conjunction with this Agreement. 7. The term of this Agreement commences upon execution. 8. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work under this Agreement, or due to the failure of the AGENCY to construct or maintain the project in conformance with the standards described in Section 2 of this agreement. 9. The AGENCY may construct additional landscaping within the limits of the right-of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. (b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the AGENCY resulting from the installation &landscaping added under this item. 10. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 4 11. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement fi.om the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year. 12. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereo~, and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 13. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By:, By: Mayor or Chairman District Secretary Attest: (SEAL) Attest: (SEAL) Town Clerk Executive Secretary Legal Approval Legal Approval JOB NO.: WPI NO.(s): 411 COUNTY: Palm Beach S.R. NO.: SR ~06 at 1-95 EXHIBIT "A" PROJECT LOCATION. State Road 806 (Atlantic Avenue) at 1-95 - Gateway Parks NOTE: Mileposts (MP) are obtained from Department of Transportation Straight Line Diagrams. JOB NO.: WPI NO.(s): 41 COUNTY: Palm S.R. NO.: EXHIBIT "B" The Department agrees to reimburse the AGENCY for the installation of the project as reflected in the plans attached hereto and incorporated herein. SEE GRANT PACKAGE 7 JOB NO.: WPI NO.(s): 41 COUNTY: Palm S.R. NO.: R06/9 ATTACHMENT "C" (GENERAL) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, Department of Transportation and the AGENCY. Dated I. PROJECT COST: $60,942.00 DOT GRANT $29,580 CITY of DELRAY BEACH 31,362 Total $60,942 C:\WI~DOC'X.a. DMIIq~ S F.R. EI (~'vizion 07/10/95) 8 CITY OF DELR#V BEI:I[H Writer's Direct Line: (407) 243-7091 DELRAY BEACH Ali. America City MEMORANDUM DATE: December 28, 1995 1993 TO: Barbara Garito, Deputy City Clerk FROM: R. Brian Shutt, Assistant City Attorney~'/ SUBJECT: MPO Grant - Atlantic Boulevard/I-95 Gateway Parl~s I approved the attached Agreements as to form and legal sufficiency, and I am returning them to you for execution. RBS:ci ' /,,z. I; ¢ Iq~. Attachments L Pr/r~ted o/~ Rec,vc/e~ PapE'r [ITY OF DELItFIY BEA£H Writer's Direct Line: (407) 243-7091 DFLRA¥ BFACH F t o K I D ^ Ali.America 'III1: December 1 1995 MEMORANDUM D[C12 1, CITY ~.~ 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Lease Extension -- Chamber of Commerce Contract The Amended and Restated Lease encorporates provisions of the previous lease and amendments thereto into one lease agreement. The rent continues to be a dollar per year. The lease term is extended from the year 2020 to the year 2060, constituting a forty year extension of this lease. By copy of this memorandum to David Harden, City Manager, our office requests that the Amended and Restated Lease be placed on the January 9, 1995 agenda for City Commission consideration. Attachment cc: David Harden, City manager Alison MacGregor Harty, City Clerk Bill Woods, President, Chamber of Commerce Lee Graham, Risk Manager Pnnted on Recycled AMENDED AND RESTATED LEASE This Amended and Restated Lease is made this ~ day of , 1995 by and between the City of Delray Beach, a Florida Municipal Corporation, (Lessor), and Greater Delray Beach Chamber of Commerce, Inc., (Lessee), and collectively referred to as the Parties. WITNESSETH: WHEREAS, the Lessor and the Lessee entered into a Lease of the property located at 64 S.E. 5th Avenue; Delray Beach, Florida dated June 20, 1967, which was amended January 23, 1968 and July 9, 1968; and, WHEREAS, the parties desire to extend the term of the aforementioned lease as amended and to consolidate the lease and amendments thereto into one lease agreement. NOW, THEREFORE, the Parties in consideration of the covenants herein contained agree as follows: 1. ~emises. Lessor hereby leases to Lessee property located at 64 S.E. 5th Avenue, Delray Beach, Florida, legally described as: The South fifty-two (52) feet of Lot 17, Block 101, Delray Beach (formally Town of Linton) according to the plat thereof in Plat Book 1, Page 3, of the public records of Palm Beach County, Florida. The leased premises includes all improvements and appurtenances thereto. Lessor acknowledges that Lessee has constructed a building on the premises to be used for a Chamber of Commerce building. 2. Rent: Lessee shall pay to Lessor an annual rental of one dollar ($1.00) payable on each anniversary of this Lease or in lump sum upon execution of Lease. 3. Term and Comnleneement Date. The Lease shall be for a term of sixty-five years (65) from this date, which extends the previous lease from the year 2020 to 2060, constituting a forty year extension of the Lease. 4. Use of Premises. The Lease is made by the Lessor for the purpose of enabling Lessee to maintain on the above-described property, a building to be used 'for a Chamber Commerce building. In the event that this property should ever be used for any other purpose, then this lease may be terminated by the Lessor, by giving the Lessee, or its successors or assigns, thirty (30) days notice of intention to terminate this Lease. The Lessee covenants that it will make no unlawful, improper or offensive use of said premises. ' 5. Assignment and Subletting/Encumbrances. The Lessee shall not assign'.. mortgage, pledge or encumber this Lease in whole or in part, nor sublet any part of the leased premises without the prior consent of the Lessor. 6. Repairs and Maintenance. The Lessee shall maintain the leased premises including all alterations thereto, at its own expense and shall keep the leased premises in safe condition and in good repair. 7. Indemnification. Lessee shall indemnify, defend and hold harmless the City from and against any and all judgments, damages, claims, demands, losses, causes of action, and other costs and expenses, including reasonable attorneys fees incurred in the defense thereof, that may be incurred by the Lessor or alleged against the Lessor by reason of any loss, damage or injury to any person or property resulting directly or indirectly by reason of the use and occupancy of premises, or by the reason of the act, or failure to act by the Lessee, its agents, employees or representatives. 8. ~ Lessee shall, during the entire term hereof, carry liability insurance and property damage insurance acceptable to the City. The insurance shall cover all improvements. The City in its discretion may review the insurance types and amounts from time to time and i'equest that additional insurance be maintained and provided. 9. Alterations/Expansion. The Lessee shall obtain written approval of the City for any expansion of the building on the premises. Ail work done by Lessee in connection with any alterations, repairs, and maintenance on the premises shall be done in a good and workmanlike manner and shall be diligently prosecuted to completion in accordance with the plans and specifications therefore. 10. Surrender of Premises. Lessee agrees that if Lessee violates any of the covenants of this Lease, that it will become a tenant at sufferance and the Lessor shall be entitled to re-enter and re-take possession of the above-described premises upon granting the thirty (30) days notice as above set forth. Upon termination or expiration of this Lease, Lessee at its sole cost and expense, shall remove Lessee's personal property and removable fixtures and equipment from the Premises. Upon surrender of the Premises, title to any and all improvements shall be vested in Lessor. ! 1. Taxes/Assessments/Utilities. Lessee shall pay all taxes, special assessments, or fees imposed on the property. The Lessee shall contract and pay for all utilities and services 3 required by the Lessee in furtherance of their use of the property and improvements situated on the property. 12. Events of Default. The occurrence of one or more of the following shall constitute an Event of Default by Lessee: (i) Lessee shall fail to perform or observe any of the agreements, covenants or conditions contained in the Lease on Lessee's part to be performed or observed and such failure continues for more than thirty (30) days after notice from Lessor; (ii) Lessee shall ~acate or abandon the premises; (iii) Lessee's leasehold estate shall be taken by execution, attachment or process of Law. (iv) The Lessee uses the premises in violation of Paragraph 4 and fails to cease the improper use within the thirty (30) days notice of default given to Lessee. If an Event of Default occurs, the Lessor shall have the right to give Lessee notice that Lessor intends to terminate this Lease upon a specified date not less thanthirty (30) days after the date notice is received by Lessee, or within the time frames provided in this agreement. This Lease shall then expire on the date specified, as if the date had been originally fLxed as the expiration date of the term of this Lease. If however, the default is cured within the aforementioned time periods, and the Lessor is so notified, this Lease will continue. 13. Damage or Destruction By Fire, War, or Act of God. In the event the improvements placed on the land by Lessee shall be destroyed, damaged or injured by fire or other casualty during the term of this Lease or any extension thereof, the Lessee shall. commence restoration thereof within one hundred twenty (120) days and thereafter diligently pursue the restoration to completion. Notwithstanding the foregoing, in the event of such casualty, Lessee shall have the right, to be exercised in its sole discretion, to terminate this 4 Lease. In the event Lessee elects to terminate this Lease, Lessee shall f'u'st place the Premises in a safe and sightly condition and shall, at the request of the Lessor, remove any improvements which are materially damaged. 14. Quiet En_io_vment. Upon payment of rent and other charges herein provided, Lessee shall peaceably and quietly hold and enjoy the premises for the term hereby demised without hindrance or interruption by Lessor or any other person or persons lawfully or equitably claiming by, through or under the Lessor, subject, nevertheless to the terms and conditions of this Lease. 15. Recording. Lessee shall not record this Lease, or any memorandum thereof, without the written consent and joinder of Lessor. 16. Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either of the parties hereto against the other, in connection with this Lease. 17. Governing Law. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County. 18. Waiver, Accord. Satisfaction. The waiver by Lessor of any default of any term, condition or covenant herein contained shall not be a waiver of such term, condition or covenant, or any subsequent default of the same or any other term, condition or covenant herein contained. 5 19. Notices. Any consents, approvals, permissions and notices shall be effective and valid only if in writing mailed on or hand-delivered to: a) If to the Lessor: City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 b) If to the Lessee: President of Chamber of Commerce 64 S.E. 5th Avenue Delray Beach, FL 3~444 20. Entire A_m'eement. This Lease constitutes all agreements, conditions and understandings between Lessor and Lessee concerning the premises. Ail representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them .... IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated Lease on the date first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Mayor Approved as to legal form and : sufficiency: By: City Attorney CHAMBER OF COMMERCE OF WITNESSES: DELRAY BEACH, FLORIDA By: Signature Name printed or typed (Corporate Seal) Signature Name printed or typed CORPORATE ACKNOWLEDGMENT CERTIFICATE State of Florida County' of The foregoing instrument was acknowledged before me this day of , 1995 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (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 no0 take an oath. Signature of Notary Public - State of Florida Print, Type or Stamp Name of Notary Public chamber.agt 7 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~'/ SUBJECT: AGENDA ITEM # ~- - MEETING OF JANUARY 9, 1996 FINAL PAYMENT/PALM BEACH COUNTY DATE: JANUARY 5, 1996 This is before the Commission to approve final payment to Palm Beach County for the traffic signal improvements at S.W. 10th Street and Swinton Avenue. At the June 6, 1995 Commission meeting the estimated amount of $21,476 was authorized for encumbrance. However, the project came in at $16,757.47; a net change deduction of $4,718.53. Recommend approval of final payment in the amount of $16,757.47 to Palm Beach County, with funding from Decade of Excellence Phase II - S.W. 10th Street (Account No. 228-3162-541-61.90). Agenda Item No. AGENDA REQUEST Date: December 18, 1995 Request to be placed on: X Regular Agenda ~ Special Agenda __ Workshop Agenda When: Sanuary 9, 1996 Description of item (who, what, where, how much):Palm Beach Coun~ has submitted a final payment for the traffic signal improvements at S.W. 10th Street and Swinton Avenue ~.O. #538336) in the amount of $16,757.47. At the June 6, 1995 Commission meeting the estimated amount of $21,476.00 was authorized for encumbrance with funding from Decade of Excellence Account 228-3162-541-61.90. The net change is a deduction to the encumbered funds in the amount of $4,718.53. ORDINANCE/RESOLUTION REQUIRED: YE~RAFT ATTACHED YE~? Recommendation: Staff recommends reducing the encumbered funds by $4,718.53 for the traffic signal improvements funded from Decade of Excellence account 228-3162-541-61.90. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~.~ired on all items involving expenditure of funds): Funding available:(~~ Funding alternatives ~/, (if applicable) Account No. & DescfiptionZZX'~lt,2 -~[~[,[. ~o(ge-~¢_lT/ c~ ~/ 9w ~ Account B~ancePO~ ff3~ ~ ~7i. a~ ~ _ City Manager Renew: Approved for agenda: ~S*O ~] Hold Umil: Agenda Coordinator Renew: Received: Placed on Agenda: Action: Approve~isapproved AGPBCD 15.D~ ENGINEERING DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: WILLIAM H. GREENWOOD ~'~ DIRECTOR OF ENVIRONMENTAL SERVICES DATE: DECEMBER 18, 1995 SUBJECT: S.W. 10TH STREET - PHASE I PROJECT NO. 91-68 (TRAFFIC SIGNAL IMPROVEMENTS) Attached is an Agenda Request for the regular commission meeting of January 9, 1996. This item consists of a deduction to the encumbered funds for the traffic signals at the intersection ofS. W. 10th Street and Swinton Avenue in the amount ors 4,718.53. The funding source for this work was from the Decade of Excellence Account 228-3162- 541-61.90. Also, attached is the invoice from Palm Beach County, as well as the minutes of the June 6, 1995 Commission Meeting, authorizing payment for these improvements. WG:KB:kt Attachments cc: C. Danvers Beatty, P.E., City Engineer File: Proj. No. 91-68 (A) WGDH1218.kt BOARD OF COUNTY COMMISSIONERS ~.,~ PALM BEACH COUNTY 301 NORTH OLIVE · P.O. BOX 3977 · WEST PALM BEACH, FL 33402-3977 · (407) 355-2959 ~16~7~7o~7 INEERIN~-ADHIN SERV 135 353 3223 5441 5994 DELRA'( BEACH PONB~,833~, $16,757,47 IF ~gd HAVE ANY QUESTID~S RESA2DING THIS INVOICE, PLEASE C~NTACT NANCY ANOE~S3N AT ~8~-~115, C TY OF DELRAY BEACH EH'/IRONMENTAL SERVICES DEPARTMENT DEC 0 5 1995 ' '~" ~ P~ D~ACH HERE A WffH Y~R REM~ANCE 11/15/95 ENARDELROI INEE,~ I NG-ADHI N SE RV MAIL WITH YOUR REMITTANCE TO: BOARD OF COUNTY COMMISSIONERS FINANCE DEPARTMENT P.O. BOX 3977 WEST PALM BEACH, FL. 33402-3977 130 ~W iST ~VE,~JE DEL~A~ BEACH F ENVIRONMENTAL SERVICES DEPARTMENT 434 S . SWINTON AVE DELRAY BEACH, FL 33444 (407) 243--7327 MINUTE~ O~ME~T~tNG N~ 13 ~',,~June 6, 1995 6:_00~M WIDENIN~ f-~ob Page: Project : SW 10TH ST ~ - ,~ - --~-- : 1 Location: C0NM CHMBRS Subject: TRAFFIC SG~ I~RVMNTS Item Description Status Due BIC 1 AUTHORIZE TRAFFIC SIGNAL IMPROVEMENTS AT SW 10TH NEW ST AND SWINTON AVE BY PALM BEACH COUNTY TRAFFIC UNIT, IN THE ESTIMATED AMOUNT OF $21,476; FUNDING FROM 228-3162-541-61.90. ITEM 8.B~ Prepared by: ENVIRONMENTAL SERVICES DEPARTMENT Signed: By: Dated: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~, ~'[ ( S~B~CT: ~ND~ IT~ # ~-~ - M~,~,TIN~ FINAL PLAT/LEE'S CROSSING DATE: JANUARY 5, 1996 This is before the Commission to approve the final plat for Lee's Crossing Subdivision located west of and adjacent to Kingsland Pines Subdivision on the west side of Gallagher Road. The subject plat consists of 57 single family lots, and was previously approved by the Planning and Zoning Board at their November 20, 1995 meeting. Recommend approval of the final plat for Lee's Crossing Subdivision. Agenda Item NO. 6~'P, AGENDA REQUEST Date: January 3, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 9, 1996 Description of item (who, what, where, how much): Approval of final subdivision plat for the Lee's Crossing. Ail applicable permits have been received and staff comments addressed. ORDINANCE/RESOLUTION REQUIRED: YES/pDRAFT ATTACHED YES/~ Recommendation: Staff recommends approval o~ ~e.final~boundary plat for L ee's C rossinq. ~/f~ /~,~/~./. 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: ~'/NO ~'~.// Hold Until: ' ~ ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved AGLEE109.DOC DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager FROM: Dan Beatty, p.~r~~ City Engineer ~~ DATE: January 3, 1996 SUBJECT: Final Subdivision Plat Lee's Crossing Attached is an agenda request for Commission approval of the final subdivision plat for Lee's Crossing. The subject plat consists of 57 single family lots and was previously approved by the Planning and Zoning Board at the November 20, 1995 Planning and Zoning Board meeting. All applicable permits for the project have been obtained. Also attached is a location map, reduced copy of the plat and aerial photo. If acceptable, please place this item on the January 9, 1996 Commission meeting for Commission approval. DB:mm attachment cc: Claire Lyte- Grahm, Planner File: Lee's Crossing DBAG109.DOC "" '"'"'- Ilil'llll. llllll HIGHPOII~T ~ ~ ~ ~ N LEE'S CROSSINGS $£L;IiON tJ. ~,,;N$tiiP 4~, SOUI'vl. ,~,,~. CITY ~ ~LRAY BEACH PAL~ BEACH CO~Y, FLOR~A. $CAL~: I' ~ o' ~o' ~ : ~o' DEDICA T/ON: KNOW ALL M~N BY TH~S~ PRESENTS THAT SATEN LEE IS THE OWNER 0~' THE LANOS StfOWN ON [~ ~AT ~ W T~ ~THWEST ~AR~ER ~ ~CT~ ~. TOW~ 46 ~T~ RA~ 4~ EAS~. ~LRAY PAL~ ~A~ CO~TY. FL~ DESCR~D AS ~ S~;. ~ ~.;e;S (S.~/*) ~ ~ Z~S; ~ (Z*V=) ~ ~ SURVEYORS CERT~ICA TE $~THWEST ~AR;ER (SW.I/4) ~ T~ ~THWES~ ~ARTER (NW.~4) ~ T~ ~ TO CERTfY T~T ~ ~AT ~WN ~ ~ A T~ A~ ~CT~ U. TOWN~ 46 S~T~ RA~E 42 EAST. P~U ~A~ C~T~ REPRESENTA~ ~ A ~VEY ~ ~R ~Y REdE ~EC~ FL~ A~ ~SO ~CR~D AS F~LOWS: ~RV~ A~ T~T ~ S~VEY ~ A~ATE TO ~ C~E~E AT T~ WEST ~ARTER C~NER ~ SAO ~CT~ ~ N. 89'4~.. AL~ T~ S~TH L~ ~ ~THWEST ~ARTER (NW.~4) ~ACED AS RE~ED BY LAW; T~T ~R~NT C~T~ SET ~R T~ GUARANTEES POSTED WI;H T~ ~TY ~ ~LRAY ~ ~CT~ ~ 672.6~ ~ET TO F~ 5~THWEST C~R ~ ~ EAST ~O ~RO~NT~' A~ ~r~R T~T T~ S~VEY DATA ~LF (E.~2) ~ T~ SOUTH~ESF ~ARTER (SW.~/4) ~ ~ ~;HWES; ALL T~ RE~N~S ~ ~PTER 17~ ~A S;A~TEI AS C~T~ ~89'45'~ 672.6~ FEET ~0 T~ EAS~ L~ ~ T~ EAST ~LF (E.~2) ~ T~ S~HWEST ~ARTER (SW.;/4) ~ r~ EAST ~ ~45.~ FEE; ~0 T~ ~H L~ ~ T~ ;~H T~EE ~ARTE~ (S. 3/4) ~ r~ EAST HALF (g.~2) ~ ~ S~FHW~Sr ------~-~-~ T~E 5.89'46'~'W., AL~ ~ ~rH L~ 6XZ54 FEET rO r~ LA~ ~VEy~ ~. WEST L~ ~ T~ EAST HALF (E.I/2) ~ r~ S~THWEET ~RrER STARE ~ FLORA S. 00~'22'W.. AL~ ~ WEST L~ ~5.79 FEE~ TO T~ SA~ P~T ~ C~;A~ ~.~ ACRE~ ~ ~ LES1 ~S CA~D $A~ LA~S TO BE S~VEYED A~ ~A;TED AS ~N T~cr A ~ ~er ~O~AT~O TO r~ L~g:S C~OSS~ ~OW~S TITLE CERTFICA TION ASS~MT~H AS A ~ATE STREET TO BE OWeD A~ ~TA~ 8Y TO C~S~R~T. ~RATE A~ ~AW WATER ~ ~WER ~NS C~T~ ~ PALU ~IT~ ~O TRACT A. w~ RELM~ TJTLE. A FL~A C~AT~ A TITLE TRAC; ~ ~ ~REBY ~ATED TO T~ LEE~ CROS~ ~O~RS AGE~Y ~Y L~EN~D ~ T~ STATE ~ FL~A ~ ~REBY ASSOC~T~ AS A ~A~ ~NT TRACT TO ~ ~NTA~D BY ~ ~T WE ~V[ EXA~O T~ T~LE TO T~ ~RE~ ~S~D ASS~T~ ~TH A ~ATED ~T ~ ACCESS TO T~ S~H FLORA T~T ~ F~ T~ TITLE TO ~ PRO~RTY ~ ~SY~ ~0 ~TEN WATER ~NT ~T~T F~ L~E ~NA~NT ~ THA~ T~ ~RENT TAXES ~VE ~EN PA~: ;~T T~ ARE ~TGA~S ~ REC~ ~ T~T T~RE A~ NO O~R E~S TRACT C ~ ~REBY DEBATED TO T~ LEE~ ~OS~ ~OW~RS REC~. A~SOCMT~ AS A P~VATE PARK TO ~ OWeD A~ ~TA~ BY ~ DA ~ L~TED ACCESS EASE~NT ~ ~REBY DEBATED TO T~ LEE~ .................... ACCESS ~;WEEN GALLA~R ~AD ~ T~ A~TT~ LOTS. T~ GE~RAL ur[lrY ~Nrs ~E ~OE To ANY ~ ~ PMVAT~ T~ ~a~ EASE~NTS ARE ~REBY DEBATED FO ~ LEE~ ~OS~ ~OW~R$ ASS~M~ A~ ARE TO BE ~NTA~O BY SAD ASS~MT~ r~ LAKE ~WTE~E EA~MENT A~ r~ LAKE ACCESS EAr,NFS ARE ~REBY ~A~D TO ~ LEE~ CRO$~ MOORS ASS~T~ A~ ALL WATER ~ lAmeNTS ~WN ~RE~ ARE ~ TO T~ ~;Y ~ ~LRAY w~ r;~ m.~ NO TES: ~ow~ss xss~ar~ ~ LA.SCAPE Am 8~FER ~[ T~ ~ar r~r m~ ~ r~ w'r~ ~c ~c~s z r~ orr ~ ~L~ ~ ~LL ~Vt r~ ~r T~ ......... DAY ~ ...................... · .... I T~ S~TH L~ ~ T~ ~;HWEST ~R~ER (~.~4) ~ ~LRAY BEAC~ FLORA 3~4~ ' (407/276-4~0~ W,T~SS S~ r~, Lgg LEGEND ~ PRM . ~NT ~FERE~E ~NT (P~.~) ...................... · - ~NT g~T~ P~T (P.C.P.) WlT~SS - ~RAL UTLITY ACKNOWLEDGEMENT w..~. - W~Tea ~ e~r STATE ~ FLORA ~F~E ~ PERS~LLY AP~AREO SATEN LEE W~ ~ PERS~LLY ~WN TO ~ ~ ~S ~EO ..................... AS ~N;F~AT~ A~ W~ EX ECUrEO T~ F, E G~ WSTR~NT. A~ACK~W. ED~D ~E, THAT ~ ~G~y , ~~ ~ EYE. rED SA~ WS;R~N; F~ 7~ P~SE$ EXPRE$~O T~RE~ M~C~ EXPOS: ....................... ~TAR~ P~ . .... .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~.~"/ SUBJECT: AGENDA ITEM # ~' - MEETING OF JANUARY 9. 1996 RATIFICATION OF APPOINTMENTS/KIDS AND COPS COMMITTEE DATE: JANUARY 3, !996 This is before the Commission to ratify the appointment of three individuals to the Kids and Cops Committee. Thomas Bruckner, representative from Banyan Creek Elementary School, has resigned his position on the committee. William J. Fay, Jr., Principal of Banyan Creek Elementary School, has submitted his application for ratification as Mr. Bruckner's replacement, to fill an unexpired term ending April 22, 1996. In addition, Kathy Hillier has automatically resigned from the committee, creating a vacancy in the category of "Such other representation as may be deemed appropriate by the City Commission." The ordinance does not limit the number of individuals who may serve in this capacity, and we have received applications from Lisa Henderson and Matthew Weiner for consideration and ratification. A check for outstanding municipal liens and/or code violations has been conducted. None were found. Recommend ratification of the appointment of William J. Fay, Jr. to the Kids and Cops Committee as the representative for Banyan Creek Elementary School to fill an unexpired term ending April 22, 1996; and ratification of the appointment of Lisa Henderson to fill an unexpired term ending October 31, 1996, and Matthew Weiner to a two year term ending January 9, 1998, in the capacity of "other representation". ref:agmemol NAME William J. Fay', Jr. 392-3 Prestwick Circle Palm Beach Gardens,,~L 33418 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDZNCE)' Banyan Cre~k Elementary 4243 Sabal Lakes Road Delray Beach,. FI 33445 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code~ HOME PHONE 407-624-8150 BUSINESS ~ONE :~_v (407)2~3-1 75 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Kids N Kops LIST ALL C1TY BOARDS ON WH1CH YOU ARE CURRENTLY BERVINO OR HAVE PREVI)USLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS Masters in Ed. I.]ST ANY RELATED PROFESSIONAL CERTIFICATIONS AND L'ICENSE$ WHICH YOU HOLD Florida Educator's Professional certificate _ G1VE Your PRESENT, OR MOST RECENT EMPI,OYER, A!ND POSITION Principal, Banyan Creek Elementary i DESCRIBE EXPERIENCES, SKILLS OR KNOW-LEDGE WHICH QU~IFY YOU TO SERVE ON THIS BOARD PLEASE ATTACH A BRIEF RESUME. [ . 1 HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I ACREd AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPliCA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT ! MAY RECEIVE. 12/13/95 4/90 CITY OF DELRAY DF. ACH BOARD MEMBER APPLICATION NAME ~ Henderson 200 East Ocean Avenue Apt. 2 Boynton Beach 33435 ~OME ADDRESS (Street, Ci£y, Zip Code) (LEGAL RESIDENCE) Delray Community Hospital 5352 Linton Boulevard Delray Beach 33484 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME P~ONE 364 . 4278 BUSINESS PHONE ~ 1 ON NEAT BOARDS ARE YOU INTERESTED IN SERVING Kids & Cops LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS Bachelor of Arts~ Communications LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICF~SES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~lray C~mmunity Hospital AsSistant Director of Marketing/~.~c~//~ DESCRIBE E~ERIENCES, SKILLS OR ~EDGE ~ICH ~IFY YOU TO SERVE 0N THIS Graduate, Leadership Delray Beach, 1995; Graduate, ~y ~a~h ~xens Police Academy, March 1995; volunteerad _for De~ray Beach Police Dept. Christmas Toy Drive and Easter Egg Hunt. PLEASE ATTACH A BRIEF RESU~. ~ 8E~BY CEKTI~ ~T ~L ~ ~OV~ STAT~EHTS ~g ~UE. ~D ~ AG~E ~ERS~D T~T ~ ~SSTAT~NT OF ~I~ FACTS CONTAINED IN ~IS ~PLICA- TION ~Y CAUSE FOR~ITURE ~N ~ P~T OF ~Y APPOI~ENT I ~Y ~190 LISA HENDERSON 200 E. Ocean Avenue, Apt. 200 Boynton Beach, FL 33435 Work (407) 637-1321, Home (407) 364-4278 SKILLS Writing, media relations, marketing planning and coordination. WORK EXPERIENCE November 1993 to Present PUBLIC RELATIONS COORDINATOR Delray Community Hospital, Delray [leach, FL Oversee internal and external marketing communications. Provide professional support in planning and implementing communications/marketing activities. Specific responsibilities include serving as hospital spokesperson, as needed (on backup call 24 hours), submitting materials for FTC compliance, collateral development (internal and external), coordinating and implementing advertising campaigns, publications, special events planning and execution, internal communications support for other hospital departments. May 1992 to LEGISLATIVE ASSISTANT September 1993 State Representative Mary Brennan, Pinellas Park, FL Manage district office, research legislative issues, serve as media liaison, produce press releases and legislative column for local weekly publication, associate produce monthly cable TV show, respond to constituent inquiries. September 1991 to PUBLIC RELATIONS SPECIALIST April 1992 St. Anthony's Hospital, St. Petersburg, FL Produce press releases, feature stories and public service announcements. Serve as media liaison support. Provide professional support in planning and implementing communications/marketing activities. ProdUce photography for internal and external publications. February 1988 to June 1990 STAFF WRITER St. Anthony's Hospital, St. Petersburg, FL Produce (copywrite, edit, photograph) employee internal and external publications. Produce press releases and public service announcements. Perform copywriting for speeches, periodicals, brochures and other printed materials. Serve as support for media liaison. Provide professional support in planning and implementing communications/marketing activities. September 1985 PUBLIC RELATIONS DIRECTOR to December 1987 Sun Coast Hospital, Largo, FL Report to Chief Executive Officer. Responsible for planning and implementing marketing/public relations and communications activities and special events. Serve as media liaison. Produce all internal and external brochures, newsletters, news releases and print advertising. Responsible for all in-house photography. April 1984 to COMMUNICATIONS SPECIALIST September 1985 Sun Coast Hospital, Largo, FL Perform essentially same duties as above with overall performance keyed to writing news releases and producing all employee publications. Responsible for design and layout of printed materials. EDUCATION Bachelor of Arts - Mass Communications, AND HONORS University of South Florida, Tampa 1984 Nominee, Outstanding Sales & Marketing Student St. Petersburg Junior College 1990 Fine Arts Scholarship - Photography University of South Florida 1980 PROFESSIONAL AND Graduate Leadership Delray Beach 1995 COMMUNITY AFFILIATIONS Graduate Delray Beach Citizens Police Academy 1995 Steering Committee, Centennial Committee, Delray Beach Chamber of Commerce 1995 Kiwanis of Delray Beach 1994 to Present Young Republicans of the Palm Beaches, 1994 to Present Board of Directors Arthritis Research Institute of America Auxiliary, 1992 Florida Public Relations Association, Tampa Bay Chapter, 1985-1990 Board of Directors 1986-1990 Non-Profit Hospital Venture Chairman, Marketing & Communications Work Group 1987 CIT~ OF DELRAY BEACH BOAKD I~I~ER AFPLICArION HO~ ~D~SS (Street, ~tty, Zip Code)/ (LEG~ ~SIDENCE) PRINCIPg BUSINESS ~D~SS (Street, C~ty, Zip Coae')' ON ~T BO~S ~ YOU I~E~ST~ IN SERVING LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE ~REVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS ~afL~q ~_DW34 ~O[I(P E~'~)COe~'-/?5 , LIST ~ ~TED PROFESSION~ CERTIFICATIONS ~ LIC~SES ~ICH YOU HOLD GIVE YOUR P~SENT, OR MOST ~CENT ~LOYER, ~ POSITION DESCRIBE E~ERIENCES, SKILLS OR ~O~EDGE ~ICB QU~I~ YOU TO SERVE ON ~IS ATTACH A BRIEF ~S~. I HE.BY CERTI~ ~T ~L ~E ~OVE STAT~S ~ ~UE, ~ I AGUE ~ERST~ ~T ~ MISS~AT~NT OF ~TERI~ FACTS CONTAIN~ IN ~IS ~PLICA- TION~Y ~SE F~ UPON ~ P~T OF ~ ~POI~NT I ~Y ~CEIVE. 4190 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'/ SUBJECT: AGENDA ITEM # ~'~' MEETING OF JANUARY 9, 1996 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD EXPENDITURES DATE: JANUARY 5, 1996 This is before the Commission to ratify various expenditures approved by South Central Regional Wastewater Treatment and Disposal Board at its meeting of December 21, 1995. By a vote of 7-0, the SCRWTD Board approved the following: · Expend $1900 from sinking fund to replace 1/2 HP metering pump at dechlorination building. · Expend $2000 from sinking fund to replace fecal coliform incubator. Expend to $7100 from sinking fund to replace pH controller and diaphragm feed pump for ammonia scrubber. · Expend $2600 from sinking fund to replace a plant scrubber starter. · Expend up to $11,000 for Team Land Development on a time and material basis to repair the broken outfall line in the ocean with a stainless steel sleeve. Recommend ratification of the actions taken by the South Central Regional Wastewater Treatment and Disposal Board on December 21, 1995. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 ROBERT J. HAGEL f~~ Telephone Executive Director ~ (407) 272-7061 (407) 734-2577 Fax: (407) 265-2357 M E M 0 mi A N D U M i ..... TO: City Clerk, Delray Beach FROM: Mary Ann Shumilla DATE: December 26, 1995 RE: RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Special Board Meeting of December 21, 1995 which require signatures. Would you please contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF DECEMBER 21, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on December 21, 1995, by a vote of 7-0, approve to expend ~1,900. from Sinking Fund to Replace 1/2 HP Metering Pump at Dechlorination Building. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this __ day of , , by a vote. crrY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF DECEMBER 21, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on December 21, 1995, by a vote of 7-0, approve to expend ;~2,000. from Sinking Fund to Rep/ace Fecal Col/form Incubator. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF DECEMBER 21, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on December 21, 1995, by a vote of 7-0, approve to expend to ;~7, 100. from Sinking Fund to Rep/ace pH Contro//er and Diaphragm Feed Pump for Ammonia Scrubber. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified_in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF DECEMBER 21, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on December 21, 1995, by a vote of 7-0, approve to expend ;~2,600. from Sinking Fund to Replace A Plant Scrubber Starter. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF DECEMBER 21, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on December21, 1995, by a vote of 8-0, approve to expend up to ~11,000 for Team Land Development on a time and material basis to repair the broken Outfall line in the ocean with a stainless steel sleeve. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER'S"! SUBJECT: AGENDA ITEM # ~?~ - MEETING OF JANUARY 9, 1996 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: JANUARY 5, 1996 This is before the Commission to ratify action taken by the South Central Regional Wastewater Treatment and Disposal Board at its meeting of December 21, 1995. By a vote of 7-0, the Board voted to amend the agreement between the SCRWTD Board and the Interna- tional Brotherhood of Fireman & Oilers changing the Article XIX Wage Classification scale, from 1-to-5 percent to 0-to-6 percent. Recommend ratification of this action taken by the South Central Regional Wastewater Treatment and Disposal Board. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 19, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on December 2 I, 1995, by a vote of 7-0, approved to Amend Agreement Between SCRWT&DB and International Brotherhood of Fireman & Oilers Changing Article XIX Wage Classification from I to 5% to 0 to 6%. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~?~l SUBJECT: AGENDA ITEM # ~J - MEETING OF JANUARY 9, 1996 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: JANUARY 5, 1996 This is before the Commission to ratify action taken by the South Central Regional Wastewater Treatment and Disposal Board at its meeting of December 21, 1995. By a vote of 7-0, the Board voted to accept Interlocal agreement for Delray Beach to temporarily utilize ocean outfall pipeline during construction and testing of an aquifer storage and recovery (ASR) well. Recommend ratification of this action taken by the South Central Regional Wastewater Treatment and Disposal Board. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF DECEMBER 21, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on December 21, 1995, by a vote of 7-0, approve Acceptance of lnterlocalAgreement for De/ray to Temporarily UtlYize Ocean Outfall Pipeline during Construction and Testing of ASR Well. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/~/ SUBJECT: AGENDA ITEM # ~ - MEETING OF JANUARY 9, 1996 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: JANUARY 5, 1996 This is before the Commission to ratify action taken by the South Central Regional Wastewater Treatment and Disposal Board at its meeting of December 21, 1995. By a vote of 7-0, the Board voted to enter into a contract with Brown and Caldwell to provide permitting, design, and construction services for the northwest reuse water system at a fee not to exceed $950,000. Recommend ratification of this action taken by the South Central Regional Wastewater Treatment and Disposal Board. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF DECEMBER 21, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on December 2 I, 1995, by a vote of 7-0, approve to enter into a Contract with Brown and Caldwell to provide permitting, design and construction services for the Northwest Reuse Water System at a fee not to exceed ~950,000. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ I SUBJECT: AGENDA ITEM # ~/~ - MEETING OF JANUARY 9, 1996 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION DATE: JANUARY 5, 1996 This is before the Commission to ratify action taken by the South Central Regional Wastewater Treatment and Disposal Board at its meeting of December 21, 1995. By a vote of 7-0, the Board voted to enter into an agreement with Delray Dunes, Pine Tree, Quail Ridge, and the Country Club of Florida concerning delivery and acceptance of reclaimed water. Recommend ratification of this action taken by the South Central Regional Wastewater Treatment and Disposal Board. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF DECEMBER 21, 1995 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on December 21, 1995, by a vote of 7-0, approve to enter into an Agreement with Defray Dunes, Pine Tree, Quail Ridge, and the Country Club of Florida for South Central Regional Wastewater Treatment and Disposal Board concerning delivery and acceptance of reclaimed water. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ i SUBJECT: AGENDA ITEM ~ ~ - MEETING OF JANUARY 9, 1996 RESOLUTION NO. 1-96 DATE: JANUARY 5, 1996 This is before the Commission to adopt a resolution in support of House Bill No. 173 and Senate Bill No. 16 to amend the state's Felony Murder Statute to include the act of vehicular hit and run. The proposed legislation co-sponsored by the Palm Beach County Legislative Delegation amends the Felony Murder Statute (Section 782-04) to include "hit and run" among the enumerated offenses, and eliminates the Statute of Limitations provision. Recommend approval of Resolution No. 1-96 supporting a bill to amend the Felony Murder Statute to include vehicular hit and run. RESOLUTION NO. 1-96 A RESOLUTION OF THE CITY COMMISSION~OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE PALM BEACH COUNTY LEGISLATIVE DELEGATION TO SUPPORT HOUSE BILL %173 AND SENATE BILL 916 IN EFFORTS TO AMEND FLORIDA'S FELONY/MURDER STATUTE TO INCLUDE THE ACT OF VEHICULAR HIT AND RUN AMONG THE ENUMERATED OFFENSES OF SAID STATUTE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 316.027, Florida Statutes, requires the driver of any vehicle involved in an accident resulting in the injury of any person to immediately stop the vehicle and render aid, and also requires the immediate reporting of the accident to the local Police authority; and WHEREAS, failure to comply with Section 316.027, Florida Statutes, may result in the death of an injured person due to the injured person being unable to receive medical attention in a timely manner; and WHEREAS, a death resulting from the carelessness and neglect of a hit and run driver is more appropriately viewed as a homicide. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Palm Beach County Legislative Delegation is hereby urged to support House Bill #173 and Senate Bill #16 in efforts to amend Florida's felony/murder statute (Section 782.04, Florida Statutes) to include the act of vehicular hit and run among the enumerated offenses of said statute. $~tion 2. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on this the 9th day of January, 1996. ATTEST: i City C]~rk OFFICE OF MAYOR WILLIAM H. WAGNER Mayor December 13, 1995 Mayor Thomas E. Lynch City of Delray Beach 100 N.W. 1st Avenue Deiray Beach, FL 33444-2698 Re: Resolution in support of H.B.#175 & S.B.#16; "Hit & Run" Dear Mayor Lynch: ~,'~/ Enclosed is a package of background information on the "Hit & Run" accident which killed my seventeen year old son, Derrick, on 6th Avenue South, in Lake Worth July 31, 1990; and, the events that followed. Also included is a copy of Lake Park Resolution #46 - 1995, which requests the Palm Beach County Legislative Delegation to "Unanimously Co-sponsor" the aforementioned bills in the 1996 legislative session. This letter is a personal appeal from me to you and your commission to pass a similar resolution. I appeared before the delegation yesterday and they agreed to consider my request at their next meeting. The Senate sponsor is Senator Robert Wexler, and the House sponsor is Representative Bill Andrews. I attended the League of Cities Legisla~ve Concerns Meeting in Tampa on November 16th & 17th where the bills were recommended by the Criminal Justice Committee to the League and it was adopted as one of the League's Priorities for the coming session. I believe that the problem which exists in Florida today, is an unforseen effect of the increased penalties for DUI enacted in the late 1980's. As the penalty is significantly less for "Hit & Run" than under the DUI statutes, The"Bad Guys" run away in hopes of avoiding capture and punishment. If they are subsequently caught (within the 3 year Statute of Limitations) the average time served is only approximately 12 months. The killer of Gall Bjork's daughter, Lisa, served only eleven months. This proposed legislation amends the "Felony Murder Statues" to include "Hit & Run" and eliminates the Statute of Limitations. Even though there is strong evidence to support the allegations against the suspect in Derrick's case, no evidence was brought forth until the Statute of limitations had expired. This legislation will not be retroactive against the suspect in his case. But, I believe the more stringent laws will cause the "Bad Guys" to stop and call for aid within the "Golden Thirty Minutes" in which t~ea~nent can save a significant number of lives that are currently lost because of the "Runaways." This is a personal crusade of mine and I will appreciate any support which you can provide. Sincerely, William H. "Will" Wagner The Palm Beach Post FRIDAY, JUNE 23, 1995 New law needed to catch up with hit-and-run murderers By WILLIAM H. WAGNER I rarely write to newspapers. When I do, it is usually to report on or to respond to some issue in Lake Park. Since last Saturday's news reports on the radio, I feel moved to express understanding and sorrow to the family of Judy Collins of Lake Clarke Shores. I know what they are experiencing. I did not lose a wife. But I lost a son to a hit and run murderer. LOCAL FORUM Are you. the reader, shocked at my use of the term murderer? The state of Florida would be. On William H. Wagner is mayor July 31, 1995, about 10:15 p.m., it will be the fifth of Lake Park. He wrote this anniversary, of the "incident" that led to the death of article for The Palm Beact~ my 17-year-old son Derrick approximately 25 hours Post. Mr. Wagner later. The state classifies a hit-and-run accident as a third-degree felony. That means that if the Lake Clarke Shores the neighborhood who heard "fires squeal, (then) Police Department is unable to the sounds stopped, there was a pause, then the locate and charge a suspect with- sound of tires squealing as the vehicle sped away." in 36 months, the statute of limi- In other words, the driver had knowledge of the rations expires, extent of the seriousness of the situation and decid- A statute of limitations on a ed to flee to avoid prosecution. wrongful death or criminal negli- You might wonder why I am spelling out all of gence, you ask? In February this in print. Why would I want to relive that pain 1994, an informant came forward and grief?. The answer is: Because Derrick's case is to identify a suspect in Derrick's not exceptional. It is the norm. Many hit-and-run death. This was reported in the cases are never solved; they simply expire. Only Derrick Wagner papers and electronic media, first-degree felonies have no statute of limitations. The state attorney's office informed the Lake Worth There is a first-degree felony statute under Police Department that it could not proceed with the which it might bepossible to bring charges of felony investigation because it had been 43 months since murder against hit-and-run killers. It was originally the crime. Yet the informant had information about drafted to charge a criminal fleeing another criminal the events both before and after Derrick was struck act, one who kills a person regardless of intent while that were not publicized and that only a member of fleeing. Generally, it has been applied in the deaths the family or someone close to the perpetrator could of police officers. But the state attorney's office possibly know..am example "After the boy was hit. doesn't want to break new ground by applying this the driver came to a complete stop, looked back at law to hit-and-runs. his body lying on the sidewalk, and made a decision I have begun a campaign to amend and clearly to run to avoid being caught." spell out in the felony murder statute that hit-and- The driver made no effort to stop at any time to run resulting in death should be included. inform emergency personnel of the accident, which As we pray for the Collins family in their time of might have resulted in a lessened response time and grief, let us all act to persuade our lawmakers that saved Derrick's life. (It is estimated that he lay on we will no longer wink at the crime of hit-and-run by the sidewalk on Sixth Avenue South for 20 to 25 calling it only an accident. It is murder, pure and minutes before the police and paramedics arrived.) simple. It is time to pursue and punish these This was confirmed by interviews with the pt:opic in murderers no matter how long it takes. RESOLUTION NO. ~ 1995 A RESOLUTION OF THE COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, URGING THE PALM BEACH COUNTY LEGISLATIVE DELEGATION TO SUPPORT H.B. #173 AND S.B. #16 IN EFFORTS TO AMEND FLORIDA'S FELONY/MURDER STATUTE TO INCLUDE THE ACT OF VEHICULAR HIT AND RUN AMONG THE ENUMERATED OFFENSES OF SAID STATUTE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 316.027, Florida Statutes requires, the driver of any vehicle involved in an accident resulting in the injury of any person to immediately stop the vehicle and render aid and also requires the immediate reporting of the accident to the local police authority; WHEREAS, failure to comply with Section 316.027, Florida Statutes may result in the death of an injured person due to the injured person being unable to receive medical attention in a timely manner; and WHEREAS, a death resulting from the carelessness and neglect of a hit and run driver is more appropriately viewed as a homicide. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE TOWN OF LAKE PARK, FLORIDA, AS FOLLOWS: SECTION I The Commission of the Town of Lake Park, Florida, does hereby urge the Palm Beach County Legislative Delagation to support House Bill #173 and Senate Bill #16 in efforts to amend Florida's felony/murder statute (Section 782-04, Florida Statutes) to include the act of vehicular hit and run among the enumerated offenses of said Statute. SECTION I I THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE. READ AND ADOPTED THIS /~DAY OF NOVEMBER, 1995. AUG-14-1995 16:05 FROM THE FEORIDA SENATE lu ~,~o~o ~.~ TALK SHEET ON PROPOSED LEGISLATION Purpose of the Proposed Legislation The proposed legislation would provide for felony enhancements when the offender: commits vehicular homicide or vessel homicide, manslaughter or DUI manslaughter, or second degree murder when the vehicle or vessel is used to unlawfully kill someone; knew or should have known at the time of the accident that the accident occurred; and fails to give information and aid as statutodly required. The proposed legislation would further provide that prosecution for any felony resulting in a death may be commenced at any time. Leaving the Scene of an Accident Section 316,027(1)(a) provides that "[t]he driver of any vehicle involved in an accident resulting in injury of any person must immediately stop the vehicle at the scene of the accident, or as close thereto as possible, and must remain at the scene of the accident until he has fulfilled the requirements of s. 316.062." Section 316.062 pertains to the driver's duty to give information and aid. A willful violation of s. 316.027(1) is a third degree felony. Section 316.027(1)(b) virtually mirrors (1)(a), except that it pertains to an accident resulting in a death and makes a willful violation of (1)(b) a second degree felony. The criminal offense defined in s. 316.027(1)(a) is ranked in level 5 of the sentencing guidelines. The cdminal offense in s. 3t6.027(1)(b) is ranked in level 6. In 1994, the Florida Fourth District Court of Appeals reviewed an earlier version of the third degree penalty provision in s. 316.027. The court concluded that "the element of willfulness in the Florida Statute requires a finding of knowledge-actual or constructive- of injuries." Mancuso va State, 636 So.2d 753, 756 (Fla. 4th DCA 1994) Vehicular Homicide Section 782.071(1) provides that it is a third degree felony to kill "a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another." Section 782.01(2) provides that it is a second degree felony if the offender commits vehicular homicide and willfully fails to stop or comply with the requirements of s. 316.027(1) (leaving the scene of an accident resulting in an injury or death). Note, this subsection requires willful failure. The criminal offense defined in s. 782.071(1) is ranked in level 7 of the sentencing guidelines. The criminal offense in s. 782.071(2) is ranked in level 8. AUG-14-1995 16:06 FROM THE FLORIDA SENATE Effect of the Proposed Legislation There appears to be little, if any, incentive to charge someone with the second degree felony offense under s. 782.027(2) (vehicular homicide with leaving the scene of the. accident). If a prosecutor charges a person with the third degree felony of vehicular homicide and the second degree felony offense of leaving the scene of an accident, the defendant, if convicted of these separate offense, would receive more sentencing points than if the offender's third degree felony under the vehicular homicide statute was enhanced to a second degree felony. The sentencing points for the two separate offense, when combined, are greater than the sentencing points for the enhancement of the third degree felony under the vehicular homicide statute. The proposed legislation does not remove the ~ requirement regarding the element of willfulness in the statute proscribing leaving the scene of an accident involving an injury or death. What it does do is remove the willful failure requirement for the second degree felony under the vehicular homicide statute. Under the proposed legislation, the third degree felony would be enhanced to a second degree felony if the offender commits vehicular homicide, knew or should have known at the time of the accident that the accident occurred, and failed to give information and aid as required by s. 316.062. The enhancement is tied to a violation of 316.062, not to a willful violation of 316.027. Additionally, the proposed legislation would specifically provide that the enhancement provision does not require that the person knew that the accident resulted in an injury or death. What all of this means is that the prosecutor may continue to charge a person with the separate offenses of vehicular homicide and leaving the scene of an accident. The ~ requirement would continue to apply for the offense of leaving the scene of an accident. However, if the prosecutor has a strong case for vehicular homicide, but a weaker case for leaving the scene of an accident, the prosecutor may be able to get the third degree felony offense under the vehicular homicide statute enhanced to a second degree felony by proving that the offender knew or should have known at the time of the accident that the accident occurred, and yet failed to render information and aid as statutorily required. The offender who receives the enhancement under the vehicular homicide statute would not receive as many sentencing points as the offender who is convicted of the separate offenses of vehicular homicide and leaving the scene of an accident, but it would be easier to obtain the enhancement than convictions for the separate offenses. Since the second degree felony enhancement in s. 782.072, the vessel homicide statute, is similar to the second degree felony enhancement in the vehicular homicide statute, this enhancement provision would be amended in the same manner as the amendment of s. 782.071(2). Present law does not provide for felony enhancements of manslaughter involving a motor vehicle or vessel, DUI manslaughter, and second degree murder when the vehicle or vessel is used to unlawfully kill a human being. Section 782.07, the manslaughter statute, and sections 316.193 and 327.351, pertaining respectively to. DUI manslaughter with a vehicle and manslaughter resulting from the operation of a vessel while intoxicated, would be amended to enhance the second degree felony offense in each of these sections to a first degree felony if the offender commits the second degree felony, knew or should have known at the time of the accident that the accident occurred, and failed to give information and aid as required by s. 316.062 (requirements pertaining to vehicle operators) or s. 327.30(1) (requirements pertaining to vessel operators). Section 782.04, the felony murder statute, would be similiarly amended to enhance the first degree felony in 782.04(2) to a life felony when the second degree murder results from the offender's operation of a motor vehicle or vessel, the offender knew or should have known at the time of the accident that the accident occurred, and the offender failed to give information and aid as required by 316.062 or s. 327.30(1). Similar to the amendment of the vehicular homicide statute, the proposed legislation would amend each of the aforementioned statutes to provide that the felony enhancement provision does not require that the person knew the accident resulted in an injury or death. Finally, the proposed legislation would amend s. 775.15, the statute of limitations, to provide that a prosecution for any felony resulting in a death may be commenced at any time. Consequently, prosecution for the felony offense under the aforementioned sections may be commenced at any time. 28-83A-96 1 A bill to be entitled 2 An act relating to offenses resulting in the 3 death of a human being; amending ss. 316.193, 4 327.351, F.S.; providing an enhanced penalty 5 for the offense of DUI manslaughter that is the 6 result of operating a motor vehicle or vessel 7 if the person knew, or should have known, that 8 the accident occurred and failed to give 9 information and render aid; amending s. 775.15, 10 F.S.; providing that the prosecution for a 11 felony that results in a death may be commenced 12 at any time; amending ss. 782.071, 782.072, 13 F.S.; providing an enhanced penalty for 14 vehicular homicide and vessel homicide if the 15 person knew, or should have known, that the 16 accident occurred and failed to give 17 information and render aid; amending ss. 18 782.04, 782.07, F.S., ~elating to the offenses 19 of murder and manslaughter; conforming 20 provisions to changes made by the act; 21 providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Subsection (3) of section 316.193, Florida 26 Statutes, 1994 Supplement, as amended by section 1 of chapter 27 95-186, Laws of Florida, section 895 of chapter 95-148, Laws 28 of Florida, section 4 of chapter 95-333, Laws of Florida, and 29 section 12 of chapter 95-408, Laws of Florida, is amended to 30 read: 31 316.193 Driving under the influence; penalties.-- 1 CODING: Words s~T~c~en are deletions; words underlined are additions. 28-83A-96 1 (3) Any person: 2 (a) Who is in violation of subsection (.1); 3 (b) Who operates a vehicle; and 4 (c) Who, by reason of such operation, causes: 5 1. Damage to the property or person of another is 6 guilty of a misdemeanor of the first degree, punishable as 7 provided in s. 775.082 or s. 775.083. 8 2. Serious bodily injury to another, as defined in s. 9 316.1933, is guilty of a felony of the third degree, 10 punishable as provided in s. 775.082, s. 775.083, or s. 11 775.084. 12 3. The death of any. human being is guilty of DUI 13 manslaughter, and commits: 14 a. A felony of the second degree, punishable as 15 provided in s. 775.082, s. 775.083, or s. 775.084. 16 b. A felony of the first degree, punishable as 17 provided in s. 775.082, s. 775.083, or s. 775.084, if: 18 (I) At the time of the accident, the person knew, or 19 should have known, that the accident occurred; and 20 (II) The person failed to give information and render 21 aid as required by s. 316.062. 22 23 This sub-subRaragraph does not require that the person knew 24 that the accident resulted in injury or death. 25 Section 2. Section 327.351, Florida Statutes, as 26 amended by section 457 of chapter 95-148, Laws of Florida, is 27 amended to read: 28 327.351 Operation of a vessel while intoxicated; 29 punishment.-- 30 (1) It is unlawful for any person, while in an 31 intoxicated condition or under the influence of alcoholic 2 CODING: Words s~=&¢Een are deletions; words underlined are additions. 28-83A-96 1 beverages, any chemical substance set forth in s. 877.111, or 2 any substance controlled under chapter 893 to the extent that 3 the person's normal faculties are impaired, to operate on the 4 waters of this state any vessel. A violation of this section 5 is punishable as provided in s. 327.35. For the purposes of 6 this subsection, a previous conviction under s. 327.35 7 constitutes a previous conviction for violation of this 8 subsection. 9 (2) If, however, damage to the property or person of 10 another, other than damage resulting in serious bodily injury 11 or in the death of any person, is done by such intoxicated 12 person under the influence of alcoholic beverages, any 13 chemical substance set forth in s. 877.111, or any substance 14 controlled under chapter 893 to the extent that the person's 15 normal faculties are impaired, by reason of the operation of 16 any vessel, such person is guilty of a misdemeanor of the 17 first degree, punishable as provided in s. 775.082 or s. 18 775.083, but the penalty imposed for a violation of this 19 subsection must be not less than the penalty provided under s. 20 327.35; if serious bodily injury to another, as defined in s. 21 316.1933, is caused by the operation of a vessel by any person 22 while so intoxicated, such person is guilty of a felony of the 23 third degree, punishable as provided in s. 775.082, s. 24 775.083, or s. 775.084; and, if the death of any human being 25 is caused by the operation of a vessel by any person while so 26 intoxicated, such person is guilty of manslaughter, punishable 27 as provided by law for manslaughter under s. 782.07(1) or (2). 28 (3) A conviction under this section is not a bar to 29 any civil suit for damages against the person so convicted. 30 Section 3. Subsection (1) of section 775.15, Florida 31 Statutes, as amended by section 17 of chapter 95-158, Laws of 3 CODING: Words s~=~en are deletions; words underlined are additions. 28-83A-96 1 Florida, and section 139 of chapter 95-418, Laws of Florida, 2 is amended to read: 3 775.15 Time limitations.-- 4 (1) A prosecution for a capital felony, a o~ life 5 felony, or any other felony that results in a death may be 6 commenced at any time. If ~n-~he-event-tha~ the death penalty 7 is held to be unconstitutional by the Florida Supreme Court or 8 the United States Supreme Court, all crimes designated as 9 capital felonies shall be considered life felonies for the 10 purposes of this section, and prosecution for such crimes may 11 be commenced at any time. 12 Section 4. Section 782.071, Florida Statutes, is 13 amended to read: 14 782.071 Vehicular homicide.-- 15 %%~ "Vehicular homicide" is the killing of a human 16 being by the operation of a motor vehicle by another in a 17 reckless manner likely to cause the death of, or great bodily 18 harm to, another. Vehicular homicide is: 19 (1) A felony of the third degree, punishable as 20 provided in s. 775.082, s. 775.083, or s. 775.084. 21 (2) 22 w~fu~y-fa~}s-%o-s~op-o~-¢~mD~y-w~%h-~he-~egu~ements-of-sv 23 ~%6vS~%%~-~s-gu~}~y-of A felony of the second degree, 24 punishable as provided in s. 775.082, s. 775.083, or s. 25 775.084, if:v 26 (a) At the time of the accident, the person knew, or 27 should have known, that the accident occurred; and 28 (b) The person failed to give information and render 29 aid as required by s. 316.062. 3O 31 4 CODING: Words st~=~en are deletions; words underlined are additions. 28-83A-96 1 This subsection does not require that the person knew that the 2 accident resulted in injury or death. 3 Section 5. Section 782.072, Florida StatuteS, is 4 amended to read: 5 782.072 Vessel homicide.-- 6 ~%~ "Vessel homicide" is the killing of a human being 7 by the operation of a vessel as defined in s. 327.02 by 8 another in a reckless manner likely to cause the death of, or 9 great bodily harm to, another. Vessel homicide is 10 (1) A felony of the third degree, punishable as 11 provided in s. 775.082, s. 775.083, or s. 775.084. 12 (2) 14 ~=~8%4~-~s-gu~by-o~ A felony of the second degree, 15 punishable as provided in s. 775.082, s. 775.083, or s. 16 775.084, if= 17 ..(~) At the time of the accident, the person knew, or 18 should have known, that the accident occurred; and 19 (.b) The person failed to give information and render 20 aid as required by s. 327.30(1). 21 22 This subsection does not require that the person knew that the 23 accident resulted in injury or death. 24 Section 6. Subsection (2) of section 782.04, Florida 25 Statutes, as amended by section 11 of chapter 95-195, Laws of 26 Florida, is amended to read: 27 782.04 Murder.-- 28 (2) The unlawful killing of a human being, when 29 perpetrated by any act imminently dangerous to another and 30 evincing a depraved mind regardless of human life, although 31 without any premeditated design to effect the death of any 5 CODING: Words sg~¢ken are deletions; words underlined are additions. t-'-~' "4 28-83A-96 1 particular individual, is murder in the second degree and 2 constitutes: 3 (a) A felony of the first degree, punishable by 4 imprisonment for a term of years not exceeding life or as 5 provided in s. 775.082, s. 775.083, or s. 775.084. 6 (b) A life felony, punishable as provided in s. 7 775.082, s. 775.083, or s. 775.084, if the murder is the 8 result of the person's operation of a motor vehicle or vessel, 9 and: 10 1. At the time of the accident, the person knew, or 11 should have known, that the accident occurred; and 12 2. The person failed to give information and render 13 aid as required by s. 316.062 or s. 327.30(1). 14 15 This paragraI~h does not require that the person knew that the 16 accident resulted in injury or death. 17 Section 7. Section 782.07, Florida Statutes, is 18 amended to read: 19 782.07 Manslaughter.--The killing of a human being by 20 the act, procurement, or culpable negligence of another, 21 without lawful justification according to 22 chapter 776 and in cases in which such killing is 23 excusable homicide or murder, according to 24 this chapter, is sha~-be-deeme~ manslaughter and constitutes: 25 sh~-¢ons~e 26 (1) A felony of the second degree, punishable as 27 provided in s. 775.082, s. 775.083, or s. 775.084. 28 (2) A felony of the first degree, punishable as 29 provided in s. 775.082, s. 775.083, or s. 775.084, if the 30 manslaughter is the result of the person's operation of a 31 motor vehicle or vessel, and: 6 CODING: Words stricken are deletions; words underlined are additions. 28-83A-96 1 (a) At the time of the accident, the person knew, or 2 should have known, that the accident occurred; and 3 (.b) The person failed to give information and render 4 aid as required by s. 316.062 or s. 327.30(1). 5 6 This subsection does not require that the person knew that the 7 accident resulted in injury or death. 8 Section 8. This act shall take effect July 1, 1996. 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 7 CODING: Words st~e~en are deletions; words underlined are additions. 28-83A-96 ~ ***************************************** 2 SENATE SUMMARY 3 Prgvides enhanced pena%ties for DUI m~nslaughter, vehicular homicide, aha vessel homiciae if the person 4 knew, or should have known, that the accident occurred and failed to give information and render aid at the 5 accident scene. Provides that a prosecqtion for a felony that results in a death may be commenced at any time. 6 7 8 9 10 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 27 28 29 3O 31 8 CODING: Words st~en are deletions; words underlined are additions. CITY (IF DELRg BER[ CITY ATTORNEY'S OFFIC£ FACSIMILE 40?~27~ 4?55 Writer's Direct Line: (4117) 243-7091 DELRAY BEACH Ali. America City MEMORANDUM DATE: December 14, 1995 1993 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Disclosure Rules - Ex Parte Communications Florida Statutes 286.0115 authorizes cities to adopt an ordinance or resolution for the disclosure of ex parte communications (those communications which may occur outside of the hearing) in order to remove the presumption of prejudice from such communications. Cities are not mandated to adopt a procedure, however, to avoid the presumption of prejudice, a procedure must be adopted and implemented or ex parte communications should be prohibited. Attached, please find a draft resolution and a copy of the state law authorizing the procedure. The draft resolution incorporates the provisions required by state law. Please call me if you have any questions. Attachment cc: Diane Dominguez, Director of Planning and Zoning Lula Butler, Director of Community Improvement cxparte.sar RESOLUTION NO. 2-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING DISCLOSURE PROCEDURES RELATED TO EX PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has recently revised Chapter 286, Florida Statutes, in order to allow the public to voice its opinions to local public officials, both elected and appointed, so long as certain disclosure procedures are followed; and WHEREAS, the State Legislature has determined that in order to remove the presumption of prejudice from ex parte communication with local appointed and elected public officials, a municipality must adopt disclosure procedures, either by ordinance or by resolution in accordance with Section 286.0115, Florida Statutes; and WHEREAS, the City Commission of the City of Delray Beach desires to adopt such disclosure procedures in order to allow the greatest public access possible under law to its elected and appointed public officials who act in quasi-judicial proceedings and, therefore, desires to adopt an appropriate disclosure process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby adopts the following public disclosure process relating to elected and/or appointed public officials who hold positions on any board, committee or commission charged with making recommendations and/or taking final action on any quasi-judicial proceeding: ACCESS PERMITTED: Any person not otherwise prohibited by statute, charter provision or ordinance may discuss with any local public official (elected and/or appointed) the merits of any matter on which quasi-judicial action may be taken by any board, committee or commission on which the local public official is a member, so long as the following process is observed: (1) The substance of an ex parte communication with a local public official (appointed and/or elected) which relates to quasi-judicial action pending before the official shall not be presumed prejudicial to the action if the subject of communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. (2) A local public official may read a written communication from any person. However, a written communication that relates to quasi- judicial action pending before a local public official shall not be presumed prejudicial to the action and such written communication shall be made a part of the record before final action on the matter. (3) Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigation, site visit or expert opinion is made a part of the record before final action on the matter. (4) Disclosure made pursuant to paragraphs (1), (2) and (3) must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communications. ~ That this resolution does not subject local public officials to Part III of Chapter 112, Florida Statutes, for not complying with this section. Section 3. That this resolution shall take effect immediately upon'passage. PASSED AND ADOPTED in regular session on this the 9th day of January, 1996. /~~j ATTEST: - 2 - Res. No. 2-96 [IT¥ DF DELI:II:i¥ BEI:I[K CITY ATTORNEY'S OFFICE ~^~.~~ ~'" ~ ~o?~..~.~?.^"~:~'~'~' ~'~"~ ~^~' ._o~ ..~ Writer's Direct Line: (407) 243-7091 DELRAY BEACH Ali. America City MEMORANDUM DATE: January 5, 1996 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Purchase of Land on West Atlantic Avenue Previously, the Commission authorized the closing on the Temple Sinai property which the City had an option to purchase through a reservation agreement with Temple Sinai. Before you at this time is a contract to purchase the east thirty feet of property known the "Mildred Smith" property for the purpose of facilitating access to various properties to the north along with the Temple Sinai property. The purchase price for this additional right-of-way is $57,000.00. The Seller, as noted in the addendum, is retaining an access easement until such time as the road is built. At such time a road is built, the Seller will be entitled to a driveway cut. Enclosed please f'md a resolution with the contract for sale and purchase attached for your consideration. //~/% cc: David Harden, City Manager Alison MacGregor Harty, City Clerk RESOLUTION NO. 3- 9 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property; and, WHEREAS, the Seller, William H. Sned, Jr., Trustee, desires to sell the property referred to as a portion of the Mildred Smith prgperty as more particularly hereinafter described, to the City of Delray Beach Florida; and WHEREAS, it is in the best imerest of the City of Delray Beach, Florida, to purchase said property for the purpose of providing sufficient road right-of-way and for other municipal purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from William H. Sned, Jr., Trustee, as Seller, land for the purchase price of fifty seven thousand dollars ($57,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: That part of Lots 10 and 17, Breezy Ridge Estates, according to the Plat thereof recorded in Plat Book 23, Page 105 of the Public Records of Palm Beach County, Florida, described as follows: The East 30.00 Feet of the West half of said Lot 10, less the South 20.00 feet thereof; and the East 30.00 feet of the West half of said Lot 17. ~. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as attached hereto as Exhibit A and incorporated herein. PASSED AND ADOPTED in regular session on the C?~q9 day of ATTEST: City Clerk sned.ord RES. NO. 3-96 P^eTl~s.,. -Wi121em H. Shed, Jr., Trustee ~ ' 100 N. W. let Avenue~ De~ay Beach, ~L 33~4~ ~) ' - ' I. DE~RIPTION~ (a}L~iI~~P~Iy~I~ ~a~ Beach ~.~: ~e East 30 feet of the foll~inj described propezty: Vi of LO~' 10, Lot 11, 'Lot 1~ and "~{ o~ ~ot L7 p~u8 S~ of abandoned Sg 2nd Scceet (~ e~s p;~ Vacant P~.YMIINT: iN Oqxml hMd In .~ by k I~e em(wnl M .......................... S Iv. . FINANCING; (c) U ~H~A RIDER (~) O ~ Id) O FORE~N I~S~E~ ~ R~ P~E~ TAX ~T R~ER ~) ~ XV. SPEC~L CLAUSES: I ~ ~ b ~, ~ ~ ~ ~ ~RE~. ~ ~ I~N~O ~O II A LEOALLY IlN~G CONTRACT. · ~T FULLY UNDER~T~D, IIIK TN~ ADv~ OF AN A~T PRIOR TO SIG~NG. ~S F~ HAS ~EN APeD BY T~ ~1~ ASS~TI~ OF REAL~ ~O ~ ~IOA ~R. , ~Y Nwme UIU~ Broker C~rltlng Broke~ ff ~y EXHIBIT A STANDARDS FOR REAL ESTATE TRANSACTIONS N. blPlg~N, REPA~ AND MAI~CE: MM Wl~ ~ll. Il ~ 10 dl~ ~ b ~, ~ ~l ~ ~ ~ ff ~ ~t ~ I~ ~r M ~m~ e~a ~ ~ ~ ~ Pim~ XIV(D). BW~ W ~r ~y ~ ~ ~y ~ 1. This contcact lo subject to Seller obtaining clee£ and marketable title pursuant to its closing under Contract dated September lO, 1994. 2, It is the intention of the parties that the subject Real FEopeL'~y be utilized (along with adjoining lands) to prov£da · public roadway to provide vehicular access to lands to the north of the L 33 canal. In the deed of conveyancer Seller shall retain e nonoexcluslv~ eao~_--_nt~ foe ingress and ogress on and over the subject property. Such easement.she!! expire'by its own terns at such tAM es the subject property (along with adjoining lands) is opened Or utilized es e publ~c roadway. At such t£mees the public ~oadwey Is constructed, Seller sh&llbe entitled to e d~veway cut to be placed at a mutually agreeable location generally at the no~h end of Seller's retained property. Xn the event the newly constructed ~oadway is designed so that it will Ancludea median ex~ending lEon'Atlantic Avenue to · point northward of Seller's d~iveway cut, then i£ et all practicable a directional Mdian opening will bepEovided so that left-tuxn in/Eight-turnout access wall be pEovided to Seller's EetaAned pzoperty. Adequate left-turn sto~ag? shall be px~vided for the left-turn lane app~oaching the d~rectxonal median opening. 3. City, at its sole expanse, shall £urnish a sur~ey more accurately describing thm s.ubject Real F~operty ~d establishing ~he location of tho driveway cut referenced in Faxagraph 2 above. 4. This contract is subject to end conditioned upon approval by tho City Commiss£on of the City of Delsey Beach. S. Seller will a~zenge foe 8 survey et Buyer's expen0e. 6. ~. On sE before the Closing Date, Seller shall establish an escrow fund with the ~ounty Tax Collector pursuant to Fla. Stat. Slg6.YgS, and shell pay into sa~d escrow Seller's prorate portion of ed valoEenEeel property taxes foe the year o~ closing 'es determined' by tho Tax Collector, Any outstanding taxes ~or years prier to 1995 shell be paid by Seller. W~tnesses~ FEinted Name: #illAam H. Seed, ~E., Trustee _ Dated: . , Printed Hone: SBLLBR CITY OF DELRAY BKA~B FEinted Hame: BY:Its: Dated: Printed Hanes: BUYER HICH HIGH POINT DI~IV[ ~ ~ z ~ · H,19H P~NT ~ ~ ~ ' I! ' 'C.N~L '~UCKING PR~ ~ D .............. TEMPLE HiGH P~N~ B~LEV~D LUMBER ATLANTIC DELRA Y BEACH MUNICIPAL GOLF COURSE N ~ PROPERTY ACQUISITION PI.~N~NG {~PARIMENT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANACER ~-~"1 S~B~OT: ~,N~ IT~ # ?f~ - ~TIN~ RESOLUTION NO. 5-96: DATE: J~Y 5, 1996 This is a resolution assessing costs for abatement action required to board up an unsafe building on property at 307 S.W. 7th Street. 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 $1,041.73 remains unpaid. Recommend approval of Resolution No. 5-96 assessing costs to board up an unsafe building on property at 307 S.W. 7th Street. RESOLUTION NO. 5-96 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. 5-96 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 , 1996. MAYOR ATTEST: City Clerk - 3 - Res. No. 5-96 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: Mollie K. Bowles ADDRESS: 18701 Bellview Drive, Miami, F1 33157 PROPERTY: ~07 SW 7th Street, Delray Beach, F1 33444 LEGAL DESCRIPTION: Lot 14. N~chmls 2nd Addition to Delray according to Plat _~c_~k 2~7~. Page 205 _~f tho ~ff~_c~l .,-~r~,-~ n'F P~lm h~mrh Cn,,nty, Florida You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of ~1,041.73 by resolution of the City Commission of the City of Delray Beach, Florida, dated .... 19 , has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 10-30-95 that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. × You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 9-19-95 at a cost 0f$1,041.73 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 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER?~/1 SUBJECT: AGENDA ITEM ~ ~ ~ - MEETING OF JANUARY 9, 1996 RESOLUTION NO. 6-96 DATE: JANUARY 5, 1996 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property at 24 S.W. llth 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 $2,823.88 remains unpaid. Recommend approval of Resolution No. 6-96 assessing costs to demolish an unsafe building on property at 24 S.W. llth Avenue. 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. W}{EREAS, 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. 6-96 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 , 1996. MAYOR ATTEST: City Clerk - 3 - Res. No. 6-96 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: Leola Keys and Barbara J and J.W. Keys ADDRESS: 104 NE 16th Avenue, Boynton Beach, Fi 33435 PROPERTY: 24 SW llth Avenue, Delray Beach, Florida 33444 LEGAL DESCRIPTION: Lot 23, Block 5, Atlantic Gardens Delray according to Plat Book 14, Page 63 of the official records of Palm Beach County, Fi. You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of 92823.88 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19__, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on to-]8-94 , that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the correc'dve action required in the Notice of Unsafe Building/Structure. _ .__You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written nclification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time~ You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction uph:?!d the decision of the Chief Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 11-7-95 at a cost of $~ 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 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: ASENDA ITEM # ~O' - MEETINS OF JANUARY 9, ~996 RESOLUTION NO. 7-96 DATE: JANUARY 5, 1996 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property at 225 S.E. 5th 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 $4,315.88 remains unpaid. Recommend approval of Resolution No. 7-96 assessing costs to demolish an unsafe building on property at 225 S.Eo 5th Avenue. RESOLUTION NO. 7-96 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. 7-96 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 th~ rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR ATTEST: City Clerk - 3 - Res. No. 7-96 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: James W. Nowlin, Jr., Trustee for Martha W. Nowlin, Tr. ADDRESS: 50 SE 4th Avenue, Delray Beach, F1 33483 PROPERTY: 225 SE 5th Avenue, Delray Beach, .Fi 33483 LEGAL OESCRIPTION: Town of Delray S3' of Lot 4, Lots 5,6,7 and 8 and ~_~l,.~.~ WS' rd r/w). Block 111 accordin~ to Plat Book 13, Page 46 of the official records of Palm Beach County, Florida You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $4,3[5.88 .by resolution of the City Commission of the City of Delray Beach, Florida, dated , 19__, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 4-19-95 that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action wou!d be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to ti,e Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of timel You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on ~_o-~v-qs at a cost of $~,3z5.88 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 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER J~I SUBJECT: AGENDA ITEM # ~'~ - MEETING OF JANUARY 9, 1996 SERVICE AUTHORIZATION NO. 43/SURVEY SOUTH, INC. DATE: JANUARY 5, 1996 This is before the Commission to approve Service Authorization No. 43 to Survey South, Inc. for surveying services required in conjunction with the Highland Beach force main replacement project, A-1-A and subdivision streets. The proposal includes establishment and monumentation of horizontal and vertical control, complete route survey with locations of all surface and underground improvements within the project area, and topography including right-of-way cross sections for the approximate 10,000 foot project length. Funding in the amount of $14,815 is available from Renewal and Replacement - Highland Beach Sewer Main (Account No. 442-5178- 536-63.92), through budget transfer from Renewal and Replacement - Sewer Mains (Account No. 442-5178-536-63.51). Recommend approval of Service Authorization No. 43 to Survey South, Inc. for surveying services in conjunction with the Highland Beach force main replacement project. Agenda Item No. ~' ~ AGENDA REQUEST Date: 01/02/96 XX Regular Agenda __ Special Agenda __ Workshop Agenda When: 01/09/96 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization #43 to Survey South in the amount of $14,815.00 for survey services required in conjunction with PN 95-032, Highland Beach Force Main Replacement. Services include a complete route and topographic survey of the approximate 10,000 foot project length for use in preparation of final engineering plans. Funding is from R&R Account #442-5178-536-61.83, Highland Beach Sewer Main (budget transfer attached). ORDINANCE/RESOLUTION REQUIRED: YES ~ATTACHED YE~ Recommendation: Staff recommends app. roval of Se.~rv/~ Authorization ~3 for Survey South...3 DEPARTMENT HEAD SIGNATURE. _~6~7/~~,~'~~/ Determination of Consistency with Comprehensive Plan: ComprehensivePlan: City Attorney Review/Recommendation (if Applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~/NO Funding alternatives ~[/~ . (if applicable) Account No. & Description: ~ ~- ~7 7&- ~t~ - 6 ~, ~'~ (P/~- ~', /~4-A/ t/~/~v-/-6~A~) Account Balance: ~ I~U~.o~ /~ &~ O(c-~ 7~Y~-~ ' ~ ~/~/~ City Manager Review: Approved for agenda: ~S/NO ~ Hold until: ~~L/ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Deputy Director ofPU ~ SUBJECT: HIGHLAND BEACH FORCE MAIN REPLACEMENT; PN 95-032 DATE: January 2, 1996 Attached is a copy of Service Authorization #43 for Survey South in the total amount of $14,815.00 for surveying services required in conjunction with the subject project. Services include establishment and monumentation of horizontal and vertical control, a complete route survey with locations of all surface and underground improvements within the project area and topography, including right-of-way cross sections, for the approximate 10,000 foot project length. Funding for this work will be from R&R Account #442-5178-536-63.92, Highland Beach Sewer Main (budget transfer attached). Please place this item on the January 9 agenda for City Commission consideration. RCH: jem c: William H. Greenwood Victor Majtenyi 95-032 (D) SURVEY SOUTH, INC. CITY OF DELRAY BEACH ' CONSULTING SERVICE AUTHORIZATION. DATE ~ 8decD5 (~ 15dec95) SERVICE' AUTHORIZATION NO. ~ FOR CONSULTING SERVICES. CITY P.O. NO. CITY EXPENSE CODE PRO~IECT NO.: ~i 05zx (CITY) "9~1'~3 (SURVEY SOUTH, INC. ) I. PRO3ECT DESCRIPTION ~ of R/~ f~r Foz~e ~!u ead~sion along A-1-A aad subdivisix~ st~eet~. I I. S~OPE OF F:gERVI CES. ~ 1 : Iiigbl~ Beach - +/- 1500 LF of A-1-A RJ'd ~ 2 :. ~ ~ - ~/-5~ ~ A-1-A R~ ~ ~ +/- 32~ ~.s~ R~. ~:' A-1-A t~ ~, ~t R~ to to ~ ~11 ~ at ~ ~~t, m of ~, ~l~ ~ R~. ~t ~~of s~]~ (P~ ~f~ toat~ ~it 'A' for~ ~.) III. BUDGET ESTIMATE OF ~ I : ~f~ ~ & ~ ~llng': 3 ~. ~ $75 = ~225.~ ~ ~. ~~ ~ ~ 18 ~. ~ ~75 = ~1350.~ ~t~g 16 ~. ~ ~5 = ~720.~ ~t~ ~22~.~ ~t 86~. ~ ~5 = ~3870.~ IV. COMPLETION DATE ' ~to~ $11520.~ ~ to ~ e Itm II.D Et~ ~. ~ ~ly ~ ~ ~ ~ ~1~.~ ~ to its ~si~ $1~ ~. to ~~ ~ ~ ~8~ ~ to Page i of 2 ~ ' ~ serv~ autho ..r~tion is approved contingent u~on th~ City's acceptance of and satisfaction with the oc~l~tion of by th~ previous sezvice authorization. If th~ City in its the previous ~ or service authorization, th~ City may ten~te th~ cont. ra~t ~thout incu~ing any further %~ CONSUL~ may not oam~4~e ~zk on any ser~. authorization approved by th~ City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH ~ ODNSULTANT Date Date uel ~utierre Witness Attest ~ Sufficiency STATE OF Florida CC~NTY OF Palm Beach ¢' ~ ~ ~ (n~m~ of officer or a~.nt, title Of officer, 'or a~ent -_~knowledging) of Survey South, Inc,. , (Nares of Cozporation Ac. knowl~dging), a Florida .('state Or pl~>9~ of incozpoz~tio~ corporation, on beb~l~ of tbs corporation. He/s~ ~s (personally know~ to m~) ~ , (tn tificattod) (as ~%entificatio.n) and (didY~) take an oath. / I ~ acknowledgem~t Typed, printed or stanped. EXffm~ 'A' - Sheet I of 2, SURVEYING CONTRACT I. Project Description A. From the southerly project limit on A-I-A at the Highland Beach Master Lift Station northerly along A-1-A to Hibiscus Road; west of Hibiscus Road to Seagate Drive; northerly along Seagate Drive to Bucida Road; westerly on Bucida Road to Coralita Lane; northerly on Coralita Lane to connection point at Casuafina Road and Venetian Drive, total length approximately 10,000 feet. From the southerly project limit on A-I-A at the Highland Beach Master Lift Station northerly along A-I-A to Hibiscus Road; west of Hibiscus Road to Seagate Drive; northerly along Seagate Drive to Bucida Road; westerly on Bucida Road to Coralita Lane; northerly on Coralita Lane to connection point at Casuarina Road and Venetian Drive, total length approximately 10,000 feet. Limits of survey to be as described in Section II - Scope of Services, except that the survey limits along the east side of A-I-A shall be the existing easterly edge of pavement. II. Scope of Services A. Establish and monument baseline construction horizontal geometry. B. Establish and monument benchmarks using National Geodetic Vertical Datum (NGVD) at maximum of 600' intervals. C. Perform route and topographic survey along entire project alignment as described in Sect/on I - Project Description, to include horizontal locations referenced by station and offset of all . ex. isting improvements within road fights-of-way/project limits n,a ...... .,..__ ,^, t ..... .~ __'~ ~ to include the following: ~ j)e r ~. ~ · $ kO i ~ d · c 1. Topographic elevations at maximum 100 foot intervals to depict centerline grade (existing PGL), edge of l~vement grade, iocation and grade of curb, gutter, swale centerline, front and back of sidewalk and fight-of-way line, including cross sections at all P.C./P.T. points of intersection return radii, P.I. of intersections, and cross sections of all side streets at 50' from intersection P.I. 2. Location and dimensions of existing roadway, pavement, driveways, sidewalks, ~urb, etc., including P.C./P.T. of intersection return radii. 3. Location of existing utilities and drainage facilities including pipe diameter, direction on invert elevations, rim/grate elevations of all storm, sanitary and other accessible structures, exclusive of Florida Power and Light and Southern Bell underground access structures. 4. Location of all tree~s, shrubs, mailboxes, signs, fences and other encumbrances found within the fight-of-way. D. Scope of service shall include coordination with all utility entities, e.g. Florida Power and Light, Southern Bell, Cable Television, City and Florida Public Utilities for field locations of all existing underground utilities w/thin project limits to include hor/zontal and vertical locations of underground utilities exposed by potholing or soft dig method in locations as directed by the City's Consulting Engineer. ~ 'A' - Sheet: 2 of 2 III, Budget A. Project limits within Highland Beach (I,500'+) $2445.00 B. Project limits within Delray Beach (8,500'+) $12370.00 $14815.00 ~ : Item II.¢ bas been rli.~cussed ~i.th }Ir. ~ }insIm a~l it l~m beea ~l~m_ lly ~ that tile "all elq-~tJlx] ~:Ii~Vqtlwlt~" that 1Fill be ~ ~ ~~, ~.~t ~t~, ~t~~, eta., ~ ~t St ~ ~t ~to ~, fm ~, eta., s~ ~ it~ ~ ~1~ ~t~ ~Y ~ ~ m~ ~t~ ~t~. ~ ~~ ~ts' t~[~t~t ~ ~11 m ~ ~ ~ to i~ ~p~ya ~ ~~ f~a ~ ~ ~~. ~, ~~~ ~to~~~~t ~ f~ ~ ~ ~ ~ ~11 ~f~ ~i~, ~ ~ ~~ p~ ~ ~ ~ a ]~ ~t ~t~, '~ ~ ~ ~t~,etc. Ite~ II.D zegtu-ding ooox~inatixm itt private utillt? colaties lms bee~ almost an impossible task :~n U'~ past due to these Utilities' ~ /ack of co- ~ uti 1 i ties ar~ c/early ~ in the field l~t cannot ~tee suooess. 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~l SUBJECT: AGENDA ITEM # ~' U- - MEETING OF JANUARY 9, 1996 SERVICE AUTHORIZATION NO. 1/SHEREMETA ASSOCIATES, INC. DATE: JANUARY 5, 1996 This is before the Commission to approve Service Authorization No. 1 to Sheremeta Associates, Inc. for consulting engineering services in conjunction with the Highland Beach force main replacement project. The project includes the phased replacement/rehabilitation of approximately 10,000 feet of existing 12" force main along A-1-A and Casuarina Road providing sanitary sewer transmission service for Highland Beach and a portion of the southern barrier island in Delray Beach. Funding in the amount of $54,448.30 is available from Renewal and Replacement - Highland Beach Sewer Main (Account No. 442-5178- 536-63.92), through budget transfer from Renewal and Replacement - Sewer Mains (Account No. 442-5178-536-63.51). Recommend approval of Service Authorization No. 1 to Sheremeta Associates, Inc. for consulting engineering services. Agenda Item No. AGENDA REQUEST Date: 01/03/96 XX Regular Agenda __ Special Agenda __ Workshop Agenda When: 01/09/96 Description of item (who, what, where, how much): Staff requests approval of Service Authorization #1 for Sheremeta Associates, Inc. in the total amount of $54,448.30 for consulting engineering services in conjunction with the Replacement/Rehabilitation of the Highland Beach Force Main along A-1-A and Casurarina Road (PN 95-032). Services include verification of design parameters, engineering design and plan preparation, and permit acquisition for the entire project and bidding/negotiation services for Phase I. An addendum to this agreement for construction administration services will be submitted upon defmition of Phase I. Funding is from R&R Account #442-5178-536-63.92, Highland Beach Sewer Main (budget transfer attached). ORDINANCE/RESOLUTION REQUIRED: YES NO ATTACHED YES NO Recommendation: Staff recommends approval of Service Authorization #1 for Sheremeta Associates, Inc. DEPARTMENT HEAD SIGNATURE: _ . , ,~ ~ Determination of Consistency with Comprehensive Plan: ComprehensivePlan: City Attorney Review/Recommendation (if Applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~E~__~S~,O Funding alternatives p/IA- (if applicable) Account No. & Description: ~t[~-ffl7~- Account Balance: ~ ~)/'t). o /~r(~ ! City Manager Review: HoldAppr°ved f°r agenda: ~?/NO ('~c' ~I until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FTc~ FROM: Richard C. Hasko, P.E., Deputy Director of PU SUBJECT: SHEREMETA ASSOCIATES, INC. SERVICE AUTHORIZATION #1 HIGHLAND BEACH FORCE MAIN REPLACEMENT; PN 95-032 DATE: January 4, 1996 Attached is a copy of Service Authorization #1 for Sheremeta Associates, Inc. in the total amount of $54,448.30 for consulting engineering services in conjunction with the subject project. The project consists of the phased replacement/rehabilitation of approximately 10,000 feet of existing 12" force mare along A-1-A and Casuarina Road providing samtary sewer transmission service for Highland Beach and a portion of the southern barrier island in Delray Beach. A design report for this work was completed in October, 1995 by Eckler Engineering and estimates the overall project cost at approximately $712,000.00 Funding levels in the Water & Sewer R&R Capital fund are set at $300,000.00 this FY and $370,000.00 in FY 96/97 for the work. The balance of project costs will occur within Highland Beach tom limits and would be bome by Highland Beach, as they have expressed the desire to participate in the project. The subject agreement includes verification of system design parameters and requirements as established in the preliminary design report, engineering design and plan preparation, and permit acquisition services for the entire project, and bidding/negotiation services for Phase I. Upon determination of the limits of phase I construction during preliminary design and in conformance with available funding, the consultant will submit an addendum to this service authorization for construction administration services. Funding for the project is from R&R account #442-5178-536-63.92, Highland Beach Sewer Mare (budget transfer attached). Please place this on the January 9 agenda for City Commission consideration. RCH: jem c: William H. Greenwood Victor Majtenyi 95-032 (D) ' SHEREMETA ASSOCIATES, INC. : · CITY OF DELRAY BEACH EXHIBIT A · CONSULTING SERVICE AUTHORIZATION DAT~.: December"1'1, 1995 (Rev. 12/22/95) SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: Replacement of Highland Beach/Delra¥ Beach Force Main This Service Authorization, when executed, shall be incorporat- ed in and shall become an integral part of the Contract. Title: AGREEMENT mR GENERAL CIVIL/SANITARY CONSULTING SERVICES I. PROJECT DESCRIPTION See Page 2 of 4 II. SCOPE OF SERVICES See Page 2 of 4 See Page 3 of 4 and Exhibit B IV. COMPLETION DATE Preliminary Design - 2 months after notice to proceed Final Design - 3 mo~ths after approval Preliminary Design Governmental Permitting - I month after approval Final Design B~d Phase - N/~.- .Construction Phase - N/A Page 1 of 4 Highland Beach/Delray Beach Force Main ENGINEERING CONTRACT I. Project Description The project involves the phased reconstruction/rehabilitation and relocation of approximately 10,000 L.F. of existing 12" sewer force main providing sanitary sewer mmsmission service to the Town of Highland Beach and portions of the Barrier Island in the City of D¢lray Beach. Limits of this project extend from the Highland Beach Master Lift Station location on S.R. A-I-A, northerly to an existing discharge structure at the intersection of Casuarina Road and Venetian Drive in Delray Beach with proposed alignment as follows: From the southerly project limit on S.R. A-I-A at the Highland Beach Master Lift Station northerly along S.R. A-I-A to Hibiscus Road; west on Hibiscus Road to Seagate Drive; northerly along Seagate Drive to Bucida Road; westerly on Bucida Road to Coralita Lane; northerly on Coralita Lane to connection point at Casuarina Road and Venetian Drive, total length approximately 10,000 feet. II. Scope of Services A. Phase I - Study and Report Phase Not included B. Phase Il - Preliminary Design Phase 1. Consultant shall l~rfonn a review and analysis of design pa~uaieters and values established in the design report for replacement of the Highland Beach force main prepared by F~kler Engineering, dated October 1995, and verify system requirements stated therein, in conjunction with advice from City staff. 2. Subsequent to coordination with City staff regarding system requirements, consultant shall submit sealed engineering calculations in justification of any revised design values and parameters divergent from the preliminary design report, as well as a revised updated budget e. stimate of project construction costs. Consultant's cost estimate shall be formatted to reflect the phased construction of the overall project with each phase conforming to annual budgeted values for project construction as stated in the City's Five Year Capital Improvement Plan. C. Phase III - Final Design Phase 1. Consultant shall prepare f'mal engineering plans and construction documents for the project as required under Section III-C of the Agreement for Engineering Services with the City, dated July 25, 1995. 2. Construction plans and specifications shall be formatted to accommodate bidding and construction of Phase I of the project, with limits as determined in the Preliminary Design Phase, during FY 95/96. Page 2 of 4 3. Engineering Plans shall be prepared at a 1" = 20' horizontal scale using either single or double panel plan/profile format; with 1"=2' vertical scale. Plans shall include a cover sheet with sheet index and conforming to standard City requirements; Master Plan Sheet indicating overall project limits and relationship of plan/profile sheets; plan/profile sheets, as required, illustrating nil existing and proposed project elements referenced by station and offset from the baseline construction; and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. 4. Contract documents consisting of "front end" documents and technical specifications shall conform to City of Delrny Beach standards. 5. Plans shall be submitted for City review at 30%, 60%, 90°,4, and 100°,4 stages of completion. 6. Consultant shall acquire all necessary permits for consl~uction of the project. Permit fees will be paid by the City or, alternatively, may be paid by the consultant and invoiced to the City as · a reimbursable expense in accordance with contract requirements. 7. Plans shall be prepared in Auto Cadd format (current City version) with f'mal plans being submitted to the City in original reproducible format nad electronically in 3 1/2" disk format. 8. Prior to bidding, consultant shall provide final, engineering construction cost estimate for the project based on final engineering plans and quantities. D. Phase IV - Bidding/Negotiation Phase 1. Consultant will provide services in accordance with the requirements of Section III-D of the Agreement with the City. E. Phase V - Construction Phase 1. Upon defining the limits of Phase I of Project Conslruction under the preliminmT design phase, the consultant shall submit Addendum No. I to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City. m. Budget Phase II- Preliminary Design $ 3: 94 2.2 0 Phase HI= Final Design Highland Beach $ 6,982. O0 Delray Beach $ 39,566.2 0 Total $ 46,548.20 Phase IV- Bidding/Negotiation $ 3,957.90 Phase V- Construction (To be determined) Reimbursables Soil ?esting - $4,015 Blueprints, Misc Total Reimb. - $1,000 $ 5,015.00 Total authorization $ 59,463.30 Services in addition to those defined herein will be provided, as necessary and only with written approval of the City up to a budget amount of $15,000.00. Page 3 of 4 This service authorization is approved contingent upon the City*s acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not Commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: ".. CITY .OF: DELRAY BEACHi ' CONSULTANT: Date Date Decem~ 1~,[ 1995. .- .,, Thomas ~.. Lynch W~ss [ Mayor .~ Witness Attest: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was '' acknowledged before me this Approved as to Legal day of December ,199.5. Sufficiency and Form ~y Richard W. Sheremetar President (name of officer*~*a~*~e, title of officer or agent), Sheremeta Associates, Inc. (Name of Corporation Acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He/SHa is (personally known to (type of identification) (as identification) and (~/did not) Signatur~ ~P~r~/~ak£ng Ack~ owledgement -Signature of lcknowledger Typed, · . Printed or _St__ampe_d SHEREMETAASSOCIATES, INC. CITY OF DELRAY BEACH ~XHIBIT B CONSULTING SERVICE AUTHORIZATION HIGHI~NDBEACH/DELR~Y BEACH FORCE MAIN III. BUDGET Phase II - Preliminary Design Principal 20 hrs. x 93.75 = 1,875.00 Prof. Engineer 20 hrs. x 79.36 = 1,587.20 Proj. Coord/Adm. 4 hrs. x 45.00 = 180.00 Clerical 10 hrs. x 30.00 = 300.00 Subtotal = $ 3,942.20 Phase III - Final Design Principal 90 hrs. x 93.75 = 8,437.50 Prof. Engineer 110 hrs. x 79.36 = 8,729.60 Proj. Engineer 140 hrs. x 55.50 = 7,770.00 CADD Operator 270 hrs. x 50.00 = 13,500.00 Proj. Coord/Adm. 36 hrs. x 45.00 = 1,620.00 Clerical 70 hrs. x 30.00 = 2,100.00 Subtotal = $42,157.10 Phase IIIA- Permitting Principal 10 hrs. x 93.75 = 937.50 Prof. Engineer 10 hrs. x 79.36 = 793.60 Proj. Engineer 20 hrs. x 55.50 = 1,110.00 CADD Operator 10 hrs. x 50.00 = 500.00 Proj. Coord/Adm 10 hrs. x 45.00 = 450.00 Clerical 20 hrs. x 30.00 = 600.00 Subtotal = $4,391.10 1 Phase IV - Bidding Principal 10 hrs. x 93.75 = 937.50 Prof. Engineer 15 hrs. x 79.36 = 1,190.40 Proj. Engineer 10 hrs. x 55.50 = 555.00 Proj. Coord/Adm 15 hrs. x 45.00 = 675.00 Clerical 20 hrs. x 30.00 = 600.00 Subtotal = $3,957.90 Phase V - Construction - (N/A) Total Lump Sun Fee = $54,448.30 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ROM: CiTY SUBJECT: AGENDA ITEM # ~- ~ - MEETING OF JANUARY 9, 1996 SERVICE AUTHORIZATION NO. 1/ECKLER ENGINEERING DATE: JANUARY 5, 1996 This is before the Commission to approve Service Authorization No. 1 to Eckler Engineering for Consulting Engineering Services in conjunction with the 1996 lift station rehabilitation project. The proposal includes engineering design, plan preparation, permit acquisition and bidding/negotiation services for rehabilitation of lift stations 3, 10, 32, 83, 88, & 105. Funding in the amount of $38,544 is available from the Renewal and Replacement (Account No. 442-5178-536-61.83). Recommend approval of Service Authorization No. 1 to Eckler Engineering. AGENDA REQUEST Date: 01/02/96 XX Regular Agenda __ Special Agenda __ Workshop Agenda When: 01/09/96 Description of item (who, what, where, how much): Approval of Service Authorization No. 1 (1995 Contract) to Eclker Engineering for consulting services required for the 1996 L~ Station Rehabilitation project, PN 96-020. The total proposal is $38,544.00 and includes Engineering design, plan preparation, permit acquisition and bidding/negotiation. Due to annual funding levels, the construction will be phased to accommodate current available funds. Upon definition of phase I, the Consultant will submit an addendum to this agreement for construction administration. Funding is from R&R Account #442-5178-536-61.83, Lift Station Cony. to submersible. ORDINANCE/RESOLUTION REQUIRED: YE$~)ATI'ACHED Recommendation: Staff recommends approval of Service Authorization #1 to Eclker DEPARTMENT HEAD SIGNATURE Determination of Consistency with Comprehensive Plan: ComprehensivePlan: City Attorney Review/Recommendation (if Applicable) Budget Director Review (require~_0.~n all items involving expenditure of funds): Funding available YE(,~O, Funding alternatives ff/'h (if applicable) Account No. & Description: t/~y-~/'7~-~3~ ~/. YL ~% g4 £~ ~-/~-r 57~ ct, we) Account Balance: ~ ~c~ l! 0 t/'~', ~ City Manager Review: Approved for agenda: ~E~ES~O Hold until: ' Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Deputy Director of PU SUBJECT: ECKLER ENGINEERING SERVICE AUTHORIZATION No 1 1996 LIFT STATION REHABILITATION - PN 96-020 DATE: January 2, 1996 Attached is a copy of Service Authorization No. 1 to Eckler Engineering's 1995 Contract for Consulting Engineering Services in conjunction with the 1996 Lift Station Rehabilitation project. The total proposal is for $38,544.00 and includes engineering design, plan preparation, permit acquisition and bidding/negotiation services for rehabilitation of Lift Stations 3, 10, 32, 83, 88 and 105. Total estimated construction cost for this series of station upgrades is approximately $550,000.00, therefore the construction will be phased to accommodate Capital Funding levels for 95/96 and 96/97. Upon definition of the first project phase predicated on current annual funding available, the Engineer will submit an addendum to this Service Authorization for Construction Administration Services. Funding for this project is available in R&R Account #442-5178-536-61.83, Lit~ Station Conversion to Submersible. Please place this item on the January 9 City Commission Agenda for approval. RCH: jem c: William H. Greenwood Victor Majtenyi 96-020 ECKLER ENGINEERING CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: December 28~ 1995 SERVICE AUTHORITATION NO. 1 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE ~q~. - ~;vT~- ~ ~ ~ {~ I.~ PROJECT NO.: ~o 7,o CITY 215.K1 ECKLER ENGINEERING TITLE: Rehabilitation of Lift Stations 3~ 10, 32~ 83~ 88, 105 This Service Authorization, when executed, shah be incorporated in and shah become an integral part of the Contract, dated May 9~ 1995, between the City of Delray Beach and Eckler Engineering. I. PROJECT DESCRIPTION The rehabilitation of lift stations 3, 10, 32, 83, 88, and 105 shall be in accordance with the Design Report prepared by Eckler Engineering and submitted under project number 93-064 in March, 1994. The description of each of these lift stations is described in this Design Report and various options for their rehabilitation are outlined. The following provides a summary of the option which will be designed under this project with the details of that option being outlined in the Design Report: Lift Station No. Rehabilitation Method 3 Convert the existing lift station to a submers~le lift station and rehabilitate the existing wetweH. 10 Convert to a submersible lift station and rehabilitate the existing wetwell. 32 Update the existing drawings and make the necessary revisions to incorporate them into this set of plans. 83 Construct a new lift station and demolish the existing lift station. 88 Convert this lift station to a submersible lift station and rehabilitate the existing wetwell. Lift Station No. Rehabilitation Method 105 Convert this lift station to a submersible lift station and rehabilitate the existing wetwell. II. SCOPE OF SERVICES The Engineer shall provide a complete design for each of these lift stations in accordance with the Design Report completed under project number 93-064 and submitted in March, 1994. The work shall include the following: DESIGN PHASE The Engineer shall provide the services outlined in Article 3, Paragraphs B and C, Phases 2 and 3, pages 5 and 6 of the AgreemenL The specific tasks include: Task 1 - Administration: Administration of the project includes project setup, client interface, interface and coordination with Delray Beach Operations Personnel, Quality Control and Invoicing. Task 2 - Field Visit: The Engineer shah visit each of the lift station sites to review the existing conditions and facilities and to take necessary field measurements for the design purposes. Task 3 - Collect and Review Existing Data: The Engineer shall collect and review existing data on the lift stations, verify the current flows, review the proposed flows, and verify force main pressures and power availability. City standards for lift station design, control panel design and telemetry will also be reviewed at this time. The Engineer will perform an analysis of this data and prepare calculations for the development of a basis for design. This information shall be submitted to the City and reviewed by the City prior to beginning design. Task 4 - Lift Station Design: The Engineer shah prepare the drawings required for the rehabilitation of these lift stations to include the removal of the existing pumping equipment, installation of the new pumping equipment, installation of a new valve box, rehabilitation of the existing wetweHs and design of new wetwells. The drawings shall include a cover sheet, legends, details, site plans, structural, mechanical and electrical drawings of sufficient detail to allow for the construction of each of these lift stations. The Engineer will provide legal descriptions of easements which may be required at lift station 10 and lift station 83. Task 5 - Prepare Specifications: The Engineer shall prepare a set of technical specffications for the required construction of each lift station. A full set of Contract Documents will be prepared for the rehabilitation or replacement of these lift stations. The Contract portion of these contract documents will be provided by the City of De[ray Beach, the bid form will be set up in a manner so that prices can be received on any or aH of the lift stations and a selected number of stations will be constructed based upon the availability of funds. The technical specifications shah be prepared in the Construction Specification Institute format. Task 6 - Submit and Review with City: The Engineer shall submit the preliminary drawings and specifications to the City for their rev/ew. A review meeting shah be established to discuss the drawings and specifications and to receive comments from the City. Task 7 - Prepare Revisions from Review: The Engineer shall incorporate agreed upon revisions made to the drawings and specifications by the City. The Engineer shall also prepare the appropriate permit documents for signature by the City. BIDDING AND NEGOTIATING PHASE Task 1 - Bidding/Negotiation Services: The Engineer shah provide the services outlined in Article 3, Paragraph D, Phase 4 - Bidding/Negotiation Phase, page 7 of the Agreement. CONSTRUCTION PHASE The construction of this project will be accomplished in phases due to budget constraints. An addendum to this Service Authorization will be submitted at a later date for each phase of the construction. As a part of this service authorization, the CITY shaH: 1. Provide any record drawings of the existing lift stations. 2. Provide aH flow data from the existing 1Lf-t stations which are available through the City's telemetry system. 3. Provide details on each of the City's requirements for the design of this project including pumps, coating systems, and telemetry. 4. Provide pressures in the force mains to wh/ch these lift stations will connect. $. Pay all permit fees. III. BUDGET This proposal is made in accordance with Section 7 - Compensation, Paragraph A, Method 1 - Lump Sum, Page 17 of the AGREEMENT. Task Desoription Title Hours Rate Amount Total DESIGN PHASE 1. Administration Principal 12 $35.00 $ 420.00 Secretary 6 $14.00 $ 84.00 Subtotal $ 504.00 2. Field Visit Engineer 2 12 $22.00 $ 264.00 Engineer i 12 $15.00 $ 180.00 Subtotal $ 444.00 3. Collect & Review Engineer 2 4 $22.00 $ 88.00 Existing Data Engineer i 8 $15.00 $ 120.00 Subtotal $ 208.00 4. Lift Station Design Principal 16 $35.00 $ 560.00 Engineer 2 16 $22.00 $ 352.00 Engineer I 32 $15.00 $ 480.00 Technician 4 200 $33.00 $6,600.00 Secretary 16 $14.00 $ 224.00 Subtotal $8,216.00 5. Prepare Principal 4 $35.00 $ 140.00 Specifications Engineer 2 4 $22.00 $ 88.00 Engineer i 16 $15.00 $ 240.00 Secretary 8 $14.00 $ 112.00 Subtotal $ 580.00 6. Submit & Review Principal 6 $35.00 $ 210.00 Engineer 2 12 $22.00 $ 264.00 Subtotal $ 474.00 7. Prepare Revisions Engineer 2 8 $22.00 $ 176.00 from Review Technician 4 20 $33.00 $ 660.00 Secretary 6 $14.00 $ 84.00 Subtotal $ 920.00 SUBTOTAL $11,346.00 Labor x 3 - ($11,346.00 · 3) $34,038.00 SUBCONTRACTS Survey $ 700.00 Subtotal $ ?00.00 Suboontraot x 1.1 - ($700.00 · 1.1) $ ??0.00 BIDDING/NEGOTIATION PHASE 1. Bidding/Negotiation Principal 4 $35.00 $ 140.00 Services Engineer 2 12 $22.00 $ 264.00 Technician 4 12 $33.00 $ 396.00 Secretary 8 $14.00 $ 112.00 Subtotal $ 912.00 SUBTOTAL $ 912.00 Labor · 3 - ($912.00 · 3) $ 2,736.00 EXPENSES Telephone $ 50.00 Postage $ 50.00 Mileage $ 100.00 Plotting $ 500.00 Photocopy/Slueprints $ 300.00 SUBTOTAL $1,000.00 $ 1,000.00 PROJECT TOTAL $38,544.00 IV. COMPLETION DATE The design of these lift stations can be completed within 90 days of receiving a signed Service Authorization. The Bidding/Negotiation portion will be completed as the project progresses on the City's schedule. Bids are anticipated to have been received prior to the end of Fiscal Year 1996. Approved by: CITY OF DELRAY BEACH: Date ECKLER ENGINEERING Signature Date /~/Z~/~.~ Print Name Donald A. Eckler, Owner Title Witn~j~f~ -.~ /~7 //~// Attest ~ tJ~l ~7 f~ (~ gf~ ~ Approved as to legal Sufficiency and Form ACKNOWI.RDGEMENT IF PRINCIPAL IS AN INDIVIDUAL STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 29th day of December, 1995, by Donald A. Eckler who is personally known to me and who did not take an oath. Sig~atdre of Person Taking Acknowledgement Linda C. Fracasso Name of Acknowledger Typed, Printed or Stamped MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~.~~ 'l so~CT: ~ND~ IT~ ~ gi~,_ ~TI~ O~ ~=~ ~, REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JANUARY 5, 1996 Attached is the Report of Appealable Land Use Items for the period December 11 through January 5, 1996. 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. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER ~L~ IRE T R FROM: /~ASMIN ALLEN, PLANNER SUBJECT: MEETING OF JANUARY 9, 1996 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 11. 1995 THRU JANUARY 5. 1996 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of December 11, 1995, through January 5, 1996. BACKGROUND 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 January 9, 1996 Page 2 PLANNING AND ZONING BOARD MEETING OF DECEMBER 19, 1995 No appealable items were considered by the Board. The following agenda items which were considered by the Board will be forwarded to the City Commission for final action. · Recommended approval (4 to 0), on the abandonment of alleyways lying within Block 1, Kenmont Subdivision, located north of Bond Way, between N.E. 9th Avenue and Palm Trail. · Recommended approval with conditions (4 to 0), on a conditional use request to allow the establishment of a meeting facility for the Crossroads Club, at the southwest corner of N.E. 4th Avenue and N.E. 2nd Street, within the CBD (Central Business District). · Recommended approval (4 to 0), on a city initiated rezoning from PCC (Planned Commerce Center) to MtC (Mixed Industrial and Commercial) for Tract A and associated Tract L-1 (common landscape area) and Tract R (ingress/egress) Congress Park South, located on the west side of Congress Avenue, south of Atlantic Avenue. · Recommended approval (4 to 0), on a city initiated rezoning from PCC (Planned Commerce Center) to OSR (Open Space and Recreation) for the Municipal Golf Course Storage and Maintenance Yard Facility, located within the Congress Park South Development, south of Atlantic Avenue, west of Congress Avenue. · Recommended approval with conditions (4 to 0 ), on a conditional use request to allow the establishment of a place of assembly for commercial entertainment purposes within the CBD (Central Business District) for Block 85 Redevelopment, located on the south side of Atlantic Avenue, east of S.E. 2nd Avenue. · Recommended approval (4 to 0), from AC (Automotive Commercial) to SAD (Special Activities District) for the former Miller Dodge site on North Federal Highway. · Recommended approval (4 to 0), on an amendment to the Land Development Regulations to add "the Sales and Service of All Terrain Vehicles and Waverunners" as a conditional use within the GC (General Commercial) zoning district. City Commission Documentation Appealable Items Meeting of January 9, 1996 Page 3 SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF DECEMBER 20. 1995 A. Approved (6 to 0), the elevation plan for the addition of an entry gate at the Morfee Residence, located on the west side of Venetian Drive, between Bay Street and Langer Way. B. Tabled (6 to 0), the site plan, landscape plan and building elevation plans for La Sedona (fka Rockland Park), a proposed 66 unit townhouse development to be located on the west side of Military Trail north of Atlantic Avenue. HISTORIC PRESERVATION BOARD MEETING OF DECEMBER 20. 1995 1. Approved the business sign (7 to 0) and tabled the Certificate of Appropriateness for the exterior renovations, associated with the conversion of the old Church's Fried Chicken to a Dunkin's Donut store, located at the northeast corner of West Atlantic Avenue and N.W. 1st Avenue. Renovations to the interior of the structure are proceeding. 2. Denied (7 to 0), a request for a Certificate of Appropriateness in conjunction with exterior renovations to the Haitian Art Center Building (2 East Atlantic Avenue) and the small single story building located immediately to the south (11 South Swinton Avenue). The applicant has appealed the Board's decision to the City Commission. The appeal will be considered on January 23, 1996. RECOMMENDED ACTION. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING OF JANUARY 9, 1995 L-30 CANAL i i <~ LAKE IDA ROAD , .i ,'i ;-1~ ....... ~ ~ i ~ ........... ~ ........... ~ ,< i i h ~ sw ~ .....----J ~ A~ANTIC A , I LO~ 8~LEV~D m i 8 z , I O UNION BOULEVARD m z ~ I I I I L-~8 CANAL C-15 C~ S.P.R.A.B.: H.P.B.: CI'[Y LIMITS .... -- ...... A. - MORFEE RESIDENCE 1. - DUNKIN DONUTS B. - LA SEDONA 2. - HAITIAN ART CENTER I MILE , I CIT~ OF 0ELRAY BE,N:;H, FL PLANNING DEPARTMENT -- ZT/~IrAL 8/4SE /4~4P srsr~/i/ -- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'l SUBJECT: AGENDA ITEM # ~ A - MEETING OF JANUARY 9, 1996 AWARD OF BIDS AND CONTRACTS DATE: JANUARY 5, 1996 This is before the Commission to approve the award of the follow- ing bid: 1. Bid award to Aluminum Plus of Deland, Florida for design and construction of an aluminum and steel canopy over the Public Works complex fuel island, in the amount of $12,900 from 501-3311-591-63.90. 2. Bid award to Maroone Chevrolet through State Contract for the purchase of 5 Chevy Luminas for the Police Department, in the amount of $76,739; (4 replacement vehicles from 501-3312-591-64.20 and 1 additional vehicle from 115-2112- 521-49.90). 3. Bid award to Hector Turf on GSA Contract for the purchase of a Toro Greensmaster (Greens Mower) on GSA Contract, in the amount of $14,264.27 from 446-4761-572-64.90. 4. Bid awards through the Community Development Block Grant Program; $5,917 to Abissett Corporation for a housing rehabilitation project at 318 S.W. 9th Court, and $18,454 to South Florida Construction for a project at 315 N.W. llth Avenue, from 118-1963-554-49.19. 5. Bid award to Alpha Ultra, Inc. for a housing rehabilitation project at 515 S.W. 6th Avenue in the amount of $14,359; $3,589.75 from S.H.I.P. (Account 118-1924-554-49.19) and $10,769.25 from H.O.M.E. (Account (118-1923-554-49.19). 6. Bid award to Advanced Roofing, Inc. for reroofing the Public Works complex in the amount of $126,260; ($64,142 from the General Fund 334-6112-519-62.10, and $62,118 from 442-5178- 536-62.10) through budget transfer from 442-5178- 536-99.01. 7. Contract award to Golden Eagle Engineering Contractors for the East Atlantic Avenue Beautification Project, in the amount of $1,791,563.65; with $176,376.50 from 448-5411-538- 63.39, $416,825.50 from 228-4141-572-61.73, $105,458.00 from 442-5178-536-61.78, and from I.S.T.E.A. the amount of $1,092,903.65 through budget transfers in the amount of $203,000. Agenda Item No. ~.~' /. AGENDA REQUEST Date: December 14, 1995 Request to be placed on: Regular Agenda Special Agenda __Workshop Agenda When: January 9, 1996 Description of item (who, what, where, how much): Staff request City Commission award a contract to Aluminum Plus of Deland, Florida, The low bidder, for design and construction of an aluminum and steel canopy over the Public Works Complex Fuel Island, in the amount of $12,900.00. Funding for this project will be from Account No. 501-3311-591-63.90. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends City Commission award a design and construction contract to Aluminum Plus for the Public Works Complex Fuel Island Canopy in the amount of $~,900.00. . Department head signature~F/~ 7~ !~z/~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~NO Funding alternative's./ Account No. & DesCription~l-3r~ll~-~).~O ~ ~ccount Balance I¢:~ ~~ ~~ ~ ' City Manager Review: Approved for agenda: ~/NOHold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \end\ 9561kagreq102 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jose Aguila ~ Construction Manager Date: December 14, 1995 Subject: AGENDA REQUEST Public Works Complex - Fuel Island Canopy Project No. 95-61 Attached is an Agenda Request for City Commission approval of award of contract for design and construction of the Public Works Complex, Fuel Island Canopy. On November 29, 1995 the City received three bids following public advertisement, and after review and consideration, staff recommends the City Commission award a design and construction contract to Aluminum Plus of Deland, Florida, in the amount of $12,900.00. The bids received were as follows: Aluminum Plus $12,900.00 Orange State Industries $21,528.00 DelSol Inc. $24,605.00 The project consists of one steel and aluminum canopy, approximately 24' x 30' above the existing fuel island at the Public Works Complex. Funding is available from Account No. 501-3311-591-63.90. cc: William Greenwood File 95-61 (A) esd\9561 ~agmem 102 /EXIST. CATCH BASIN NEW +30'x 24' FUEL I [ '] STATION NI , BUILDING r~ O i L _ _ _J o EXIS~NG ISLAND IS 22'-6"x 4'-0" x 4" HIGH o NEED TO PRO.DE ~2~'x 30' CANOPY ABO~ EXIS~NG PUMP ISLAND - STEEL COLUM/FRAME W/ALUMINUM ROOF, 3 FEET HIGH PROFILE SLOPE TO IN~RNAL DRAIN TO ONE SIDE (NOR~) ~EN DISCHARGE ON GROUND TO EXIST CATCH BASIN. o NEED COMPLE~ PRICE TO DESIGN, PREPARE CON~ACT DOCUMENTS, APPLY FOR PERMIT (NO PERMIT FEE), CONS~UCT COMPLE~ INCLUDING ELEC~ICAL FOR ~0 LIGHTS ON PHOTO CELL. (ELECTRICAL SOURCE EXIS~NG) NOV. 1995 CITY of DE AY BEACH ~ E~O~ENT~ SER~CES DEP~TMENT~ P~uc wo~ co~ * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILUlq~ TO DO SO ~fLqLL B]~ CAUSE FOR REJECTION O~ ~q30'~ BID} BID ~96-14 (print) ( state ) ' ( zip code) TELEPHONE: ( FAX ., VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: TELEPHONE: ( 16 BID FORM SCHEDULE OF PRICING BID #96-14 TOTAL BID PRICE FOR FURNINSHING ALL LABOR, EQUIPMENT AND MATERIALS TO COMPLETE THE PUBLIC WORKS COMPLEX FUEL ISLAND CANOPY TO BE LOCATED AT 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLORIDA PER THE ATTACHED SPECIFICATIONS: BASE BID PRICE: Variances to the specifications? Name of Subcontractor (if applicable): 15 SCOTT POLLITF President HOME BUILDERS ASSOCIATION COMMERCIAL RESIDENTIAL INSURED 2501 North U.S. Highway 17 MEMBER OF OeLAND AREA STATE CERTIFIED DeLand, Florida 32720 CHAMBER OF COMMERCE scc04eo7~ .cac0see32 (904) 734-2864 /~,~ ~( Y'o 7 - o~ ¥ ~ - '7~ I ~1 PROPOSAL SUBMITTED TO PHONE I DATE STREET JOB NAME CITY. STATE ARD ZIP CODE I JOB LOCATION JOB ARCHITECT t I DATE OF PLANS PHONE We hereby submit s~cificahons and estimates ~or: ~' ]l]~'l:l~l]rle hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: ,2) Payment to be made as follows: · - 2 6 lgS manner a~*~lcti~. Any alteration or deviation from a~ove s~cifica- ' Authorized . lions in,lying ext~';costl wilt b~' executed only.u~n written orders, and will become an Signature - extr~charge 0~er and. a~ve the estimate. All agreements co~ngentupon strikes, accidents or dela~ b~nd our control. ~ner to car~ fire;tornado and other necessa~, msurance~. . ~ote: This proposal maybe our ~rke~ are fully cover~ by Workmen's Compen~tion Insurance; . . ' / . ~' "'.~ w{thdra~n' by~d~f.not acceded within ~ -- days. ~~ ~[ ~F~ -- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature * PLEASE AFFIX SIGNATURE WHERE INDICATED (~'AILUR~ TO DO SO Sl~a%LL BE CAUSE FOR REJECTION 0~' YOUR BID) BID ~96-14 SIGNATURE: ~O%~ ~ :~- (print) ( ~tmtm ) (~i~ ~odm ) ... ~OR SERVICE ~P~SE~ATI~ FOR P~CE~ OF O~ER: BID FORM SCHEDULE OF PRICING BID #96-14 TOTAL BID PRICE FOR FURNINSHING ALL LABOR, EQUIPMENT AND MATERIALS TO COMPLETE THE PUBLIC WORKS COMPLEX FUEL ISLAND CANOPY TO BE LOCATED AT 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLORIDA PER THE ATTACHED SPECIFICATIONS: BASE BID PRICE: Variances to the specifications? Name of Subcontractor (if applicable): * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID) BID ~96-14 co~Y NA~: ~ \ ~ ~ ~ ~ (print) (state) (zip code) ~OR SERVICE ~P~SE~ATI~ FOR P~CE~ OF O~ER: TELEPHONE: ./ 16 BID FORM SCHEDULE OF PRICING BID #96-14 TOTAL BID PRICE FOR FURNINSHING ALL LABOR, EQUIPMENT AND MATERIALS TO COMPLETE THE PUBLIC WORKS COMPLEX FUEL ISLAND CANOPY TO BE LOCATED AT 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLORIDA PER THE ATTACHED SPECIFICATIONS: BASE BID PRICE: Variances to the specifications? Name of Subcontractor (if applicable): 15 , Agenda Item No.: · · AGENDA REQUEST Date: December 27, 1995 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When: 3an., 9, 1996 Description of agenda item (who, what, where, how much): City Commission is requested to approve the acquisition of five (5) Chevy Luminas through"~tate Contract ~/070-100-205 in the amount of $76~739 from Maroone Chevrolet for the 'Police Departm&ht. Fundin~ is available in account #501-3312-591-64.207~ ~~ ~ ~ Gl; ~.z~~ - &, ORDINANCE/ RESOLUTION REQUIRED: YES/N_~O Draft Attached: YES/NO Recommendation: Department recommends approval. 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 Funding alternatives: ..... ~(if app%~ga~e) Account No. & Des~~,~: Account Balance: ~i~ - ' I IS- City Manager Review: Approved for agenda: / NO Hold Until: ~/~// Agenda Coordinator Review: l/~-~l/~ - Received: Action: Approved/Disapproved [IT¥ I)F DELRI:I¥ BEI:I[H DELRAY BEACH ~ 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity 1993 TO: David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager FROM: SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, JANUARY 9, 1996 BID AWARD - POLICE VEHICLES DATE: December 27, 1995 ACTION City Commission is requested to approve the acquisition of five (5) Chevy Luminas through State Contract #070-100-205 in the amount of $76,739 from Maroone Chevrolet for the Police Department. Funding is available in account #501-3312-591- 64.20, for $61,428 and 115-2112-591-49.90 in the amount of $15,311. BACKGROUND Four of the vehicles proposed for acquisition are replacement vehicles and one is an additional vehicle. These vehicles are part of the take home vehicle program. When received, vehicles will be reassigned within the department and four vehicles will be disposed of. Staff reviewed the cost over a three year period of lease versus purchase and determined that it is cheaper to purchase the needed vehicles. Attached is a summary of State contract pricing for the vehicles that meet the needs of the Police Department. Only one (1) of the five (5) vehicles proposed for acquisition will be equipped with cruise control. This will be the vehicle assigned to the Police Chief. Ail vehicles will be 4 door and THE EFFORT ALWAYS MATTERS Z'/'¢~'' ' Pnnted on [gecyc/ed Paper Agenda Item # Page 2 have power windows and locks, an extended 5-year warranty, remote mirrors, ABS brakes, dual air bags. RECOMMENDATION Staff recommends the bid award for five (5) Chevy Luminas for the Police Department as follows: State Cost Extended Contract Year Vehicle Qty Vendor Each Cost No. 070-100-205 1996 Chevy Maroone $15,311 $61,244 Lumina 4 Chevrolet 070-100-205 1996 Chevy Maroone $15,495 $15,495 Lumina 1 Chevrolet GRAND TOTAL $76,739 RAB:kwg Attachments File:u:graham/agenda Doc.:Police.Veh , Agenda Item No.: ~-~'~. AGENDA REQUEST Date: December 28, 1995 Request to be placed on:, XX Regular Agenda Special Agenda Workshop Agenda When: 1-9-96 Description of agenda item (who, what, where, how much): Purchase of a Toro Greensmaster (Greens Mower) on GSA contract #GS-07F-SbJ~A from H~-nr Tnrf, in the amount of $14,264.27 from 446-4761-572-~4.90. RESOLUTION REQUIRED: YES/~ Draft Attached: YES/NO ORDINANCE/ Recommendation: ~ eO~ ~p~~ 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 Funding alternatives: ~ (if applicable) Account No. & Description: Account Balan&e:~. ~ [~-1-~ ~~ o~ City Manager Review: Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved £1T¥ I)F DELRR¥ BER£H DELRAY BEACH '~ '~ "~ CI~ CLERK ~oo .,~. AIl-~ri~Ci~ 1993 TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager DATE: December 28, 1995 SUBJECT: AGENDA ITEM # ~' X'3'- MEETING OF JANUARY 9, 1996 Bi~ A~D - TORO GRE~.NS~STER /GREENS MO~ER/ ACTION City Commission is requested to approve the purchase of a Toro Greensmaster (Greens Mower) on GSA contract No. GS-07F-5636A from Hector Turf in the amount of $14,264.27. Funding is available in the Lakeview Golf Course Account No. 446-4761-572-64.90. BACKGROUND Funds were budgeted in the Lakeview Golf Course Capital Account from bond proceeds and operating revenue for equipment. After careful review, the golf course staff is recommending the purchase of a Toro Greensmaster (Greens Mower). This is an additional piece of equipment, which will provide the course with two greens mowers. This will improve productivity and provide the course with one dependable greens mower. The existing mower, although still useable, has had mechanical problems. RECOMMENDATION Recommend approval of the purchase of a Toro Greensmaster (Greens Mower) from Hector Turf on GSA Contract No. 07F-5636A in the amount of $14,264.27, with funding from Account No. 446-4761-572- 64.90, through budget transfer from 446-4761-572-63.90. THE EFFORT ALWAYS MATTERS LAKEVIEW GOLF CLUB MEMORANDUM TO: Bob Barcinski ~ FROM: Leonard Mass DATE: December 26, ~995 SUBJECT: Lakeview Golf Course Equipment Attached a~'e copies of purchase orders for the new golf course equipment we had planned for La~eview Golf Club. As you know, our former golf course superintendent, Rudy Geiger, has been replaced and Tom Arendt from Delray has taken over supervision of our maintenance operations. I had Tom look at the items we were prepared to puPchase to be sure be was comfortable with the equipment specifications. Tom agrees with the purchase orders enclosed. Tom suggested, however, that we delay the purchase of the Toro Groundsmaster Utility Mower until he gets a better feel for the maintenance operations at Lakeview. Therefore, the third item on the summary sheet, the "52" UTILITY MOWER/DEISEL" for $10,059.00 will deferred until a later date. Tom also recommended that we wait to purchase the verticut reel assembly for the greens mower ($1,688.00) as well. (Total deferred items The total dollar amount of i~ems b~in~ requested for purchase at th~s time is: Toro Greensmaster (Greens mower') $14,-264.27 Toro Sandpro (Trap ra~e) Total $24,079.27 If you have any questions regarding the equipment purchase orders or if you need additional information, please feel free to contact me. cc: Brahm Dubin Tom Arendt LAKEVIEW GOLF CLUB EQUIPMENT LEASING PROPOSAL 10/13/95 Revised 12/27/95 DISTRIBUTOR: HECTOR KILPATRICK EQUIPMENT REQUESTED: MFGR: TORO JACOBSEN GREENSMASTER 3100 11 BLADE REELS WIEHLE ROLLERS 14,264.00 VERTICUT REELS 1,688.00 ***** SUB-TOTAL 15,952.00 15,952.00 SANDPRO 5000 TRAP RAKE 7,715.00 RAKE ASSEMBLY 0.00 DOZER BLADE 0.00 SPIKES 2,100.OO 9,815.00 9,850.00 52" UTILITY MOWER/DIESEL SOLID ROLLERS 10,059.00 ***** 11,853.00 TOTAL OF ITEMS TO BE PURCHASED/LEASED 35,826.00 TOTAL ITEMS TO BE PURCHASED NOW 24,079,00 ***** PURCHASE OF ITEMS TO BE DEFERRED 11,747.00 EQUIPMENT LEASING TERMS: MONTHLY LEASE PAYMENTS 36 MOS 48 MOS 60 MOS ASSOCIATES MUNICIPAL FINANCE 8/O00/MO 30.30 23.40 19.30 (TORO) MONTHLY PMT APR: 5.73% 1,085.53 838.33 691.44 TOTAL ANNUAL PMTS 13,026.33 10,059.94 8,297.30 TEXTRON FINANCIAL $/000/MO 33.54 26.16 21.76 (JACOBSEN) MONTHLY PMT APR: 8.25% 1,201.60 937.21 779.57 TOTAL ANNUAL PMTS 14,419.25 11,246.50 9,354.89 Agenda Item No.: AGENDA REQUEST Date: January 3, 1996 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: January 9, ~996 XXX CONSENT AGENDA Description o~tem (who, what, where, how much): CASE:# · ADD~ESS GRANT AMOUNT 92-036~R 315 Northwest llth Avenue $18,454.00 92-019HR 318 Southwest 9th Court $ 5,917.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: RECOMMEND APPROVAL OF COMMUNITY DEVELOPMY. NT gl.OC.W C. RANT Pp~GRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT#1 GRANT AMOUNT INCLUDES CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). /) : Head Signature: ~~~/~ ~ Department City Attorney Review/ RecommendatiOn (if applicable): Budget Director Review (required on all items involving expenditure Funding available: NO Funding alternatives: ......... _~if aDDlicable~ Account No. ~ DesGriptiQn: .~ ~-~'~_~.~--~.~ ~D~ ~ Account Balance: ~05,~ 3 City Manager Review: Approved for agenda: ~/ NO ~:;~/ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: January 03, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 09, 1996 - BID AWARD - BID #96-16 HOUSING REHABILITATION PROGRAM Item Before Commission: The City Commission is requested to make award to low bidders, as listed below, at a cost of $ 24,371.00 which includes contingency. Background: The Community Development Division handles and processes their formal bids on housing rehabilitation projects, with funding from their housing rehabilitation budget. Property: Contractor: Amount: 315 Northwest llth Ave. South Florica Construction $ 18,454.00 318 Southwest 9th Court Abisset Corporation 5,917.00 Recommendation: The Purchasing Office concurs with the recommendation to award to the low bidder(s) as outlined above from account 118-1963-554-49.19. Attachments: Memorandum from Community Development Bid Information Sheets cc: Lula Butler MEMORANDUM To: David Harden, City Manager From: Dorothy Ellington, Community Development Coordinator~Z) Thru: Lula Butler, Director Community Improvement ~) Date: January 3, 1996 Subject: Community Development Block Grant Program Activities Housing Rehabilitation Grant Awards ITEMS BEFORE THE COM.~I~IS. SION This is to request approval for ~ Housing Rehabilitation Grant Awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders. All unused fimds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATIONS Staff recommends Housing Rehab Grants be awarded for the following: CASE// ADDRESS GRANT AMOUNT 92-036HR 315 NW l lth Ave. $18,454.00 92-019HR 318 SW 9th Ct. $ 5,917.00 CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 96-16HR APPLICANT: NEIL & WILLIE LEE THOMAS APPLICATION #: 92-036HR PROJECT ADDRESS: 315 NORTHWEST llTH AVENUE DATE OF BID LETTERS: DECEMBER 18~ 1995 DATE OF BID OPENING: DECEMBER 28~ 1995 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $ ALPHA ULTRA INC. $18,900.00 ARTHUR BADALOO $ BEEKMAN CONSTRUCTION $ CSB CONSTRUCTION $ 1ST CHOICE CORP $ INTERCONTINENTAL CONST. CORP. $19~200.00 HENRY HAYWOOD $ PRESTON CONTRACTION $ RADA ENTERPRISES, INC. $ RAY GREAVES $ SOUTH FLORIDA CONSTRUCTION $17~575.00 IN-HOUSE-ESTIMATE: $17,490.00 CONTRACTOR AWARDED CONTRACT: SOUTH FLORIDA CONSTRUCTION BID/CONTACT AMOUNT: $17~575.00 COMMENTS: BID AWARDED TO LOW BIDDER BIDFORM/PG1 CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 96-16HR APPLICANT: SARAH EDWARD APPLICATION 0: 92-019HR PROJECT ADDRESS: 318 SOUTHWEST 9TH COURT DATE OF BID LETTERS: DECEMBER 18~ 1995 DATE OF BID OPENING: DECEMBER 28~ 1995 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $5~635.00 ALPHA ULTRA INC. $8~120.00 ARTHUR BADALOO $ BEEKMAN CONSTRUCTION $ CSB CONSTRUCTION $ 1ST CHOICE CORP $ INTERCONTINENTAL CONST. CORP. $8,900.00 HENRY HAYWOOD $6~785.00 PRESTON CONTRACTION $ RADA ENTERPRISES, 1NC. $ RAY GREAVES $ SOUTH FLORIDA CONSTRUCTION $7,080.00 IN-HOUSE-ESTIMATE: $8,460.00 CONTRACTOR AWARDED CONTRACT: ABISSETT CORPORATION BID/CONTACT AMOUNT: $5~635..00 COMMENTS: BID AWARDED TO LOW BIDDER BIDFORM/PG1 AGENDA REQUEST Request to be placed on: Date: 3anuary 3, 1996 Regular Agenda Special Agenda Workshop Agenda xxxxx Consent Agenda When: 3anuary 9, 1996 Description of item (who, what, where, how much): CASE# ADDRESS GRANT AMOUNT 92-020HOSP 515 Southwest 6th Avenue. $14,359.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of affordable rehabilitation grant ~wmr~ through the state housing initiatives partnership pro~ram ~nnn,,nt 118-1924-554-49.19 and HOME lhvestment partnerships program (HOME) account 118-1923-554-49.19 (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55) ~ ~ ~ ~--,~-..~. Department Head Signature: ~~./_~~_2-~ City Attorney Review/ Recom~endation~//~ ~( '~ applicable): Budget Director Review ( required~ on al 1 items involving expenditure of funds): ~---~ Funding available .~/NO Funding alternatives: Account No. & Descr~pti_on: Account Balance: ~0;~ City Manager Review: Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Rece ired: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: January 03, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 09, 1996 - BID AWARD - BID #96-20 HOUSING RE~IABILITATION PROGRAM Item Before Commission: The City Commission is requested to make award to low bidder, as listed below, at a cost of $ 14,359.00 which includes contingency. Background: The Community Development Division handles and processes their formal bids on housing rehabilitation projects, with funding from their housing rehabilitation budget. Property: Contractor: Amount: 515 Sorthwest 6th Ave. Alpha Ultra Inc. $ 14,359.00 Recommendation: The Purchasing Office concurs with the recommendation to award to the low bidder as outlined above from state housing initiatives partnership program (SHIP) account 118-1924-554-49.19 and home investment partnerships program (HOME) account 118-1923-554-49.19. Attachments: Memorandum from Community Development Bid Information Sheets cc: Lula Butler MEMORANDUM To: David Harden, City Manager From: Dorothy Ellington, Community Development Coordinator ~ ~ Thru: Lula Butler, Director Community Improvement ~ Date: January 3, 1996 CONSENT AGENDA SUBJECT: HOME INVESTMENT PARTNERSHIPS PROGAM (HOME) & STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) REHABILITATION OF OWNER OCCUPIED UNITS. ITEMS BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award through the State Housing Initiatives partnership Program (SHIP) & the Home Investment Partnership Program (HOME). This request is in accordance with the City's approved Housing Assistance Plan developed for the SHIP Program as well as the agreement for HOME funds between the City and Palm Beach County. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the SHIP & HOME grant programs. As required be the Home Agreement between the City and Palm Beach County we will obtain a Promissory Note from the homeowner, and record it in the public records of Palm Beach County. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATIONS Staff recommends Housing Rehab Grant through the (SHIP) & (HOME) programs. Twenty five (25%) of total funds will be charged to the Ship account in the amount of $3,589.75, and the remaining seventy five (75%) of funds will be charged to the Home account in the amount of $10,769.25 for the following: CASE# ADDRESS GRANT AMOUNT 96-001HR 515 SW 6th Ave. $14,359.00 CITY OF DELRA Y BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET FOR SHIP & HOME BID #: 96-20HOSP APPLICANT: LULA MAE SHIELDS APPLICATION #: 92-020HOSP PROJECT ADDRESS: 515 SOUTHWEST 6TH AVENUE DATE OF BID LETTERS: DECEMBER 18~ 1995 DATE OF BID OPENING: DECEMBER 28~ 1995 NAME OF CONTRACTORS AMOUNT OF BIDS ABISSET CORPORATION $14~850.00 ALPHA ULTRA INC. $13~675.00 ARTHUR BADALOO $ BEEKMAN CONSTRUCTION $ CSB CONSTRUCTION $ 1ST CHOICE CORP $ INTERCONTINENTAL CONST. CORP. $15~250.00 HENRY HAYWOOD $14~880.00 PRESTON CONTRACTION $ RADA ENTERPRISES, INC. $ RAY GREAVES $ SOUTH FLORIDA CONSTRUCTION $19~070.00 IN-HOUSE-ESTIMATE: $12~405.00 CONTRACTOR AWARDED CONTRACT: ALPHA ULTRA~ INC. BID/CONTACT AMOUNT: $13~675.00 COMMENTS: BID AWARDED TO LOW BIDDER BIDFORM/PG1 AGENDA REQUEST Date: January 4, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 9, 1996 Description of item (who, what, where, how much): Staff request City Commission approve a contract with Advanced Roofing, Inc., of Fort Lauderdale, Florida in the amount of $126,260.00 for the Public Works Complex Reroofing project. Advanced Roofinq, Inc., was the lowest responsive bid of five bidders. Funding will be split in the amount of $64,142.00 from the General Fund Account #334-6112-519-62.10 and $62,118.00 from the Water/Sewer Renewal and Replacement Fund Account #442-5178-536-62.10. ORDINANCE/RESOLUTION REQUIRED: Not Required Recommendation: Staff recommends City Commission approve award of contract to Advanced Roofing, Inc., in the amount of $126,260.00 for the Public Works Complex Reroofing P~~ D epa rtme n t h e a d s i gna t u r e: ~/~~ //W//~/// Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): es~/ NO Funding available: Funding alternativ ~ ~ (if appl~cabl,e) Account No. & D~gription~ ~[IZ ¢/q.~Z-IO ~~~~.~m~,_~ Account Balance~~[ ..... ~/~~ City Manager Review: ~. ~, .' -- .- ~-~' 3- l~~' Approved for agenda' ~ES/NO ~ /~ '~'~/~' Hold Until: ' ~ { ~ ' ~ ~~ Agenda Coordinator Review: ~(~ Received: Placed on Agenda: Action: Approved/Disapproved ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila ~ Construction Manager Date: January 4, 1996 Subject: AGENDA REQUEST Public Works Complex Reroofing Project Project No. 96-001 Attached is a request for City Commission approval of an award of contract to Advanced Roofing, Inc., in the amount of $126,260.00. On December 19, 1995 the City received five bids for the reroofing of the Public Works Complex roof. The bids were divided into two parts; the base bid was for the larger building housing Engineering, Purchasing, Garage, Streets and Building Maintenance and the add alternate was for the Environmental Services Administration building. The bids were as follows: i~i~~iiiiiiiiii Pritts, lac Tanenbaum Laumar S&S :!!i:~ ~ii~i!i~i:iii!:!i!:iiiiii:iiii~ii!ii Roofing Roofing Roofing Roofing Base Bid ~i~!i~i~i~i~ii~ii~i~!~:: $ 117,000 $121,800 $141,158 $153,580 Alternate i.i~iii!i.iii~i~i~iiiiiiiiiiiiiiiiiiii $ 18,000 $ 21,800 $ 21,210 $ 20,615 Total Bid i.i.i~iii.~i~ii~i.i.i.i.i.i.i.l.i.i $ 135,000 $143,600 $ 162,368 $174,195 Funding for this project will be split between two accounts. An amount of $64,142.00 will be fi.om the General Fund Account #334-6112-519-62.10 and $62,118.00 from the Water/Sewer Renewal and Replacement Account//442-5178-536-62.10. cc: Bob Barcinski William Greenwood File 96-01 (A) esd\9601 ~agmem 109 FOR ADDITIONAL INFORMA110.N); '-;~" NOTES: (SEE SPECS 1. SCOPE OF WORK q. REMOVE EXI'~flNC: (';RAVEl. AND O'rHFR ROOFING MA']ERIAL TO THE I:.XiEN[ NECESSAR'r ]O ..... . '51, '~' PROPERLY INSTALl. NEW ROOF ..... b. CONFIRM ADEQUACY OF SUBSTRATE PRIOR TO PROCEEDING WI1H THE NEW WORK. :"-.', c. REPAIR/REPLACE ANY PORTIONS OF SUBSTRATE AS ' N[C[.~oAR PRIOR I'O INS'[ALL_A'IION OF NEW ROOF FELTS. d. [HE lO/AL WEIGHf OF lHE NEW ROOF SHALL NOI EXCEED 1HE 1OIAI._ WEIGHT OF THE REMOVED MATERIAL. ,.,~ .... e. AREAS OF %[RUCIURAL CONCERN SHALL BE BROUGHT : TO THE AfT[NtlON OF- 1HE CITY IN WRITING. 2. PROVIDE FIBROUS CAN1 S'IRIP Ar F'ERIMETER OF ALL SCREEN AND PARAPET WALLS, AND O IHER EQUIPMEN'[ WHERE NECESSARY. : ~:...~?. 3. PROVIDE NEW FL.AS~ttNG AN[) COUNTERFLASHING lftROUCHOUT. 4. REPAIR/REPLACE AI.I EXIS}NG SCLJPPERS. 5. PROVIDE NEW SCUPPERS AT SCREEN WALLS AS NECESSARY 'lO ALLOW WAi[-R '10 DRAIN. 6. FABRICATE AND ASSEMBLE NEW MECHANICAL. EQUIPMENT SUPPORT FOR AI_t. EXISTING ROOF MOUNTED A/C EQUIPMEN[ (TYP OF- 8) SEE SPECS. 7.PROVIDE 36" WIDE CONTINUOUS ROOF WALKWAYS AS PER SPECIFIOA[I()NS IN LOCATIONS SHOWN. 8. COMPLY WITH ALL COI)t.S t-.tAVtN(; JLtt,]I~3DICIION ANI) OR REQUIRED BY 1tt[-- %PI: CII- ICA(')N.~ AND MANUFAC1URERS WARRAN[Y, 9. TFt[..SE DRAWt-N.CS ARk APPROXIMAIE ,IHE CON]RACTOR IS EXPECTED'TO VI.StI' I'HE Slit_- AND BECOME FAMLIAR WlI'H EXtS-[tNG CONI)tIIONS. I]' tS. lite IN-fEN,I OF THIS PROJECT TO PROVll)t_ [OR A COMP[EIE NEW ROOFING .%YSIEM WI'FH AlL EI~EMENIS, ACCESSORE$, PROIECTtONS, INDI(:ATED ON IHE PLANS, ()R f',l~)l. 10. RAISE & St:~CLJt:RE Alt [. t~rtNG CONDI-N,%ATi: [)RAIN I. INEE;. ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: Jos6 Aguila (~ Construction'Manager Date: January 5, 1996 Subject: Public Works Complex Roof Project No. 96-01 On February 7, 1995 the City received a report from David Miller and Associates describing the existing roof conditions of various City facilities, including the Public Works Complex facility. Attached is the portion of the report which describes this facility. The building houses the Engineering Department, Construction, Building Maintenance, Purchasing Warehouse, Streets and the Garage. The total area is approximately 25,000 square feet. The buildings roof is about fifteen years old, and out of warranty. There are four levels of roof, with the uppermost draining directly to the next level, then from that level on to the next an so on until the lower portion draining to the ground via gutters and downspouts. All levels of the existing roof indicate deterioration of the roofing felts, flashing and ponding of water. In several locations there are leaks to the space below, including leaks in the Cad area of the drafting room, the garage, and engineering offices. After the heavy rains of the last several months, it became apparent that the condition was too great to ignore and plans and specs were prepared and put out to bid. It was the opinion of staffthat since we were bidding the Public Works Complex roof, it might be prudent to get an alternate bid for the Environmental Services Department roof. At the time there was no indication of a leak into the building. Within the last month or so, a major leak developed in the office of the Water/Sewer Directors office, causing extensive damage to the ceiling, walls and carpet. Temporary repairs have been made. The condition of the roof is serious and the bids received are reasonable for the work anticipated. cc: William Greenwood Bob Barcinski File 96-01 (A) esdL9601 ~roofmemo C. Engineeriug Services Building: General. The Engineering Services Building is located at the City Environmental Services Facility on South Swinton Avenue. The building is a concrete block structure with a precast concrete roof deck. The roof is a built-up tar and gravel roof. Roof Conditions. The existing roof has minimal slope and shows signs of fatigue. The perimeter flashing has numerous areas of leakage. The pitch pans have dried out. The drains at the lower roof from the upper roof have pulled away from the flashing. Corrective Action. Remedial work can be done at this time for: each of the above referenced problems, but will result in limited success. The appropriate action for this roof would be to plan on re-roofing the facility. Short Term/Long Term Recommendations. This facility should be re-roofed. Totally remove all old roofing plies and flashing. Repair and/or replace any damaged decking or structural elements. Install tapered insulation board over decking (1/4" per foot slope is preferable). Install 3-ply standard built-up roof or single ply membrane roofing. Install all new copper flashing. Extend all vent stacks, mechanical units, etc. above roof to meet code requirements. Replace all downspouts and scuppers and install drainage and walkway mats as maybe necessary to protect the new roofi AGENDA REQUEST Date: January 4, 1996 Request to be placed on: X Regular Agenda Special Agenda __Workshop Agenda When: January 9, 1996 Description of item (who, what, where, how much): Project No. 93-68 Atlantic Avenue Beautification. This project generally consist of paving, drainage, utility relocation, irriqation and landscaping. The lowest responsible bidder for this project is Golden Eagle Engineering Contractors, Incorporated in the amount of $1,769,563.65 for the base bid and $22,000.00 for Alternate No. 1. Funding Sources are as follows: Portion of Project Fundin~ Source Account No. Amount Drainage Structures East Atlantic Avenue 448-5411-538-63.39 $176,376.50 and Piping Drainage Improvements Beautification Decade of Excellence 228-4141-572-61.73 $416,825.50 Utility Relocation Water Distribution 442-5178-536-61.78 $105,458.00 Remainder of Project I.S.T.E.A. N/A $1,092,903.65 TOTAL $1,791,563.65 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 93-68, Atlantic Avenue Beautification to Golden Eagle Engineerin Contractors, Incorporated in the amount of $1,769,563.65 for the base bid and $22,000.00 for Alternate No. 1. Department head signature:..~/~~ ~/C-/~_ v , 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 Funding alternatives~ (if applicable) Account Balance ~ [~ ~ City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Placed on Agenda: Action: Approved/Disapproved / DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David Harden City Manager FROM: William Greenwood 4ff~///.f/,q'k Director of Environmental Services DATE: January 4, 1996 SUBJECT: Atlantic Avenue Beautification Project #93-68 Enclosed is an Agenda Request, and supporting information for the regular Commission Meeting on January 9, 1996, requesting award of the construction for the referenced project to Golden Eagle Engineering Contractors, Incorporated. They are the lowest responsible bidder and the proposed award amount is $1,769,563.65 base bid, $22,000.00 alternate No. 1 One Year Maintenance of the Irrigation and Landscaping. Golden Eagle has been approved by F.D.O.T. for award of the contract (see attached). The work generally consist of paving, drainage, utility relocation, irrigation and landscaping. The funding sources for this project are as follows: Portion of Project Fundin~ Source Account No. Amount Drainage Structures East Atlantic Avenue 448-5411-538-63.39 $176,376.50 and Piping Drainage Improvements Beautification Decade of Excellence 228 -4141-572-61.73 $416,825.50 Utility Relocation Water Distribution 442-5178-536-61.78 $105,458.00 Remainder of Project I.S.T.E.A. N/A $1,092,903.65 TOTAL $1,791,563.65 **Budget transfers are attached to accommodate the appropriate funding amounts. The estimated cost from F.P. & L. for the relocation of overhead utility lines to underground is $120,000..00 and is currently reserved in the DO.E. Bond Issue. SUBJECT: Atlantic Avenue Beautification Project #93-68 PAGE: Two (2) DATE: January 4, 1996 Please place this item on the agenda for commission approval. Enclosed cc: Joseph Safford, Finance Department Richard Hasko, P.E., Deputy Dir. ESD, Public Utilities C. Danvers Beatty, P.E., City Engineer Howard Wigt, Deputy Dir. of Construction GEE & JENSON Engineers-Architects-Planners, Inc. One Harvard Circle West Palm Beach, FL 33409 Telephone (407) 683-3301 December 13, 1995 Fax (407) 686-7446 Mr. Dan Be~t~ City of Dekay Beach 434 Swinton Ave. Dekay Beach, FL 33444 Re: East Atlantic Avenue Beautification Project #93-68 W.P.I. #4118678 - State Project No. 93030-3506 Dear Mr. Beatty: December 13, 1995 On November 30, 1995, three bids were received in association with the improvements for the above referenced project. (see attached tabulation). A summary of the base bids are as follows: Golden Eagle Engineering Contrs. Inc. $1,769,563.65 State Contracting & Engineering, Corp. $2,196,104.04 W. Jackson & Sons Construction Co. $2,604,179.15 Engineer's Opinion of Construction Cost $2,335,353.40 Golden Eagle Engineering Contrs., Inc. is the low bidder. We contacted the three references provided in their bid package. Each reference expressed satisfaction in working with Golden Eagle and would highly recommend them. They are a certified DBE company and provided a letter from the FDOT which indicates their DBE affu'mative action plan expires April 5, 1996. We recommend the contract for this project be awarded to the low bidder Golden Eagle Contrs., Inc., in the amount of $1,769,563.65 for the base bid. If you have any questions regarding this matter, please do not hesitate to call me. Very truly yours, Mitchell D. Thomas, P.E. Project Manager MDT/bf 93-040.22/024 Encl cc: Heather Calligan - Golden Eagle Rnsscll Dcvick, PE Roy Overman MEMORANDUM DATE: December 22, 1995 TO: Rick Chesser, District Secretary FROM: Gary Keife, District LAP Administrator COPIES: File SUBJECT: REQUEST FOR CONCURRENCE IN AWARD OF CONTRACT In accordance with the Certification Acceptance Agreement for Final Design phases, Award and Construction promulgated under authority of Section 117 of Title 23 U.S.C. and 23 CFR 640, between the Department and FHWA dated July 30, 1990, revised August 9, 1991, and the FHWA oversight exempt projects per 23 USC 106Co) as amended by Section 1016(6) of the ISTEA of 1991, we submit the following project to you for your concurrence in the award: STATE JOB FED. AID LOW RESPONSIVE LOW BID WPI NO NO. JOB NO. BIDDER AMOUNT 4118678 . 93030-3506 SE-082-1(7) Golden Eagle Engineering $1,769,563.65 Contractors, Inc. Inasmuch as they have satiSfied all federal aid requirements for the award of this contract, this is to request that you indicate your concurrence in the space provided below and return this form to me for my forwarding to the Federal Aid Office. I, Rick Chesser, District 4 Secretary, do hereby concur in the award of the above subject projects: RICK CI-(IESSER, DISTRICT 4 SECRETARY DATE GK:kc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~:~..~ } SUBJECT: AGENDA ITEM ~ ~ - MEETING OF JANUARY 9, 1996 CONDITIONAL USE REQUEST/CROSSROADS CLUB DATE: JANUARY 5, 1996 This is before the Commission to consider a conditional use request to establish a meeting facility for the Crossroads Club (CRC Recovery Foundation, Inc.) located within the CBD (Central Business District) at 306 N.E. 2nd Street (the southwest corner of N.E. 2nd Street and N.E. 4th Avenue). The development proposal consists primarily of interior improve- ments, installation of an elevator, and some minor parking lot modifications to accommodate a handicap accessible walkway from the east parking lot to the main entrance. The Planning and Zoning Board considered this request at a public hearing on December 19, 1995. After testimony questioning availability of parking for the meeting facility as well as for businesses in the surrounding area, the Board voted 4-0 to recommend that the conditional use request be approved subject to certain conditions which are outlined in the attached staff materials. Recommend approval of the conditional use request to establish a meeting facility/social club for the Crossroads Club based on the findings and recommendations of the Planning and Zoning Board. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRE. OTOR/ DEPARTMENT OF PLANNING AND ZONING FROM: ~ /SENIqCR PLANNER SUBJECT: MEETING OF JANUARY 9, 1996 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A MEETING FACILITY FOR THE CROSSROADS CLUB (CRC RECOVERY FOUNDATION. INC.) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of a.D.~roval of a Conditional Use request to establish a meeting facility/social club for the Crossroads Club. The subject property is located at the southwest corner of N.E. 2nd Street and N.E. 4th Avenue, within the CBD (Central Business District) zone district. BACKGROUND: The Crossroads Club is currently occupying a 5,300 sq.ft, bay within the Rose Auto Parts Plaza at 241 N.E. 2nd Avenue. The Club wishes to relocate and establish a meeting facility at 306 N.E. 2nd Street. The Crossroads Club provides a meeting place for recovering substance abuse patients. The development proposal consists primarily of interior improvements to accommodate new restroom facilities, 3 meeting rooms and a game room on the first floor, with offices and meeting rooms on the second floor. Other improvements include the installation of an elevator and minor parking lot modifications to accommodate a handicap accessible walkway from the east parking lot to the main entrance. City Commission Documentation Meeting of January 9, 1996 Meeting Facility/Social Club for the Crossroads Club - Conditional Use Approval Page 2 The hours of operation will be 7:00 a.m. to 10:00 p.m., Monday - Sunday, and there will be 4 employees. Pursuant to the Fire Safety Code, the total occupancy of the building is 350 persons (7 sq.ft, per person). The activities consist of primarily counseling/group therapy meetings and social activities. Functions are educational in nature and include lectures and seminars. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of December 19, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the request. An adjacent property owner was concerned with the availability of parking for the meeting facility as well as businesses in the surrounding area. After further discussion and reviewing the staff report, the Board voted 4-0 (Carbone, Young and Schwartz absent) to recommend that the Conditional Use request be approved subject to the following conditions: A. Submission of revised plans addressing the attached "Technical Items"; B. That the maximum occupancy be limited to 350 people; C. That between 7:00 a.m. and 5:00 p.m., Monday - Friday activities and meetings/groups be limited to a maximum of 92 people to not exceed the required 23 on-site parking spaces; and, D. That within one year of occupying the building either formal off-site parking and lease agreements must be finalized; an alternative parking plan must be provided; or, the meeting schedules and capacity must be revised and reduced to not exceed the number of on-site parking spaces. RECOMMENDED ACTION: Approve the conditional use request to establish a meeting facility/social club for the Crossroads Club based upon the findings and recommendation of the Planning and Zoning Board. Attachment: Staff Report and Documentation of December 19, 1995 S:REPORT/CCXROAD,DOC PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 19, 1995 AGENDA ITEM: V.A. ITEM: Conditional use request for the establishment of a Meeting Facility for the Crossroads Club, located at the southwest corner of N.E. 4th Avenue and N.E. 2nd Street. ._.J L-.--J' ' ' Jl ~ , . ~ ,.. . I~ J~N.c. iUL_._/UJ~ , ~ I ~ ~ ~ I l II II lBUILDING I -- GENERAL DATA: Owner/Applicant ............................ CRC Recovery Foundation, Inc. Agent ............................................. Digby Bridges Digby Bridges, Marsh & Associates, P.A. Location ......................................... Southwest corner of N.E. 4th Avenue and N.E. 2nd Street. Property Size ................................. 0.33 Acres Future Land Use Map .................... Commercial Core Current Zoning ............................... CBD (Central Business District) Adjacent Zoning ................... North: CBD-RC (Central Business District ~ Railroad Corridor) East: CBD South: CBD West: CBD Existing Land Use .......................... Vacant office building with associated parking and landscaping. Development Proposal .................. Conditional use request for the establishment of meeting facility with a capacity of 350 for the Crossroads Club, a substance abuse recovery organization. Water Service ................................ Existing on site. Sewer Service ................................ Existing on site. M.A. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a "meeting facility" for The Crossroads Club, pursuant to Section 2.4.5(E). The subject property is located at the southwest corner of N.E. 2nd Street and N.E. 4th Avenue. ::::::::::::::::::::: i: i~:{: ~:~:i:i:i:!:i:!:~:J:~:J:~:~:i:i:i:i:!:!:J:{:i:~ :::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: ::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :: ::t :':'-' ';:;:::: ::t:~:: :t:~ '-' ::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: The subject property is the unplatted north 100 feet of Block 91, Town of Delray, consisting of 0.33 acres. The property contains a 5,998 sq.ft, commercial structure along with associated parking and landscaping. The building was constructed in 1962, with an addition constructed in 1984. The building is currently vacant and was most recently occupied by a business office for McGraw & Associates, which vacated the site in August, 1995. On August 31, 1995, the property was sold to the CRC Recovery Foundation, Inc., however, the City is the mortgage holder of the property. The CRC Recovery Foundation assists in the recovery of substance abuse patients. On November 13, 1995, a request (application) for Conditional Use approval was submitted to establish a meeting facility for the Crossroads Club and is now before the Board for action. The Crossroads Club is currently occupying a 5,300 sq.ft, bay within the Rose Auto Parts Plaza at 241 N.E. 2nd Avenue. The Club wishes to relocate and a establish a meeting facility at 306 N.E. 2nd Street. The Crossroads Club provides a meeting place for recovering substance abuse patients. The development proposal consists primarily of intedor improvements to accommodate new restroom facilities, 3 meeting rooms and a game room on the first floor, with offices and meeting rooms on the second floor. Other improvements include the installation of an elevator and minor parking lot modifications to accommodate a handicap accessible walkway from the east parking lot to the main entrance. The hours of operation will be 7:00 a.m. to 10:00 p.m., Monday - Sunday. There will be 4 employees. Pursuant to the Fire Safety Code, the total occupancy of the building is 350 persons (7 sq.ft, per person). The activities consist of primarily counseling/group therapy meetings and social activities. Functions are educational in nature and include lectures and seminars. Planning and Zoning b,_,ar~, ,5taft Report The Crossroads Club - Conditional Use Approval Page 2 CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L,O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Commercial Core and is zoned CBD (Central Business District). The zoning is consistent with the FLUM designation. Within the CBD, clubs and lodges; social, fraternal, and recreational are allowed as a conditional use [ref. LDR Section 4.4.28(D)(3)]. A club is defined in the Land Development Regulations as follows: A building or facility owned or operated by an association, corporation, person, or persons, for an educational, recreational, or social purpose, and to which membership is required for participation, but not prirnar#y for profit or to render a service which is customarily restricted to members and their guests. The building will function as a meeting and activity center. Functions are educational in nature, such as lectures and seminars. Thus, the application is not subject to the development regulations for alcohol and drug treatment facilities. 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. Water & Sewer: El Water service currently exists via a service lateral connection to the existing 6" water main along N.E. 2nd Street. ~ Adequate fire suppression exists via an existing fire hydrant at the northwest corner of N.E. 2nd Street and N.E. 4th Avenue. Planning and Zoning b,.aru otaff Report The Crossroads Club - Conditional Use Approval Page 3 El Sewer service currently exists via a service lateral connection to the existing 16" sewer main within N.E. 2nd Street. No water or sewer upgrades and/or extensions are required, with this development proposal. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The property is developed and drainage sheetflows into landscape areas and adjacent street rights-of-way. As part of this development proposal, a functional swale area is to be installed within the existing landscape areas along 2nd Street and 4th Avenue which will improve the current drainage situation and provide on- site rete'ntion. Streets and Traffic:' At its meeting of December 5, 1995, the City Commission adopted the City's TCEA (Traffic Concurrency Exemption Area) designation, which encompasses the CBD, OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes, however, a traffic study may be necessary for impact fee purposes. Based upon the above a positive finding with respect to traffic concurrency can be made. Solid Waste: Utilizing the Solid Waste Authority trash generation rates, trash generated by the proposed 5,998 sq.ff, meeting facility will be 20,980 pounds per 1,000. sq.ft, or 10.5 tons per year. This will result in a 5.7 ton reduction from the previous office use which generated 16.2 tons per year. Based upon the above, the proposed use will not have a significant impact on this level of service standard, thus positive findings with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies were identified. Planning and Zoning buarO ,.Staff Report The Crossroads Club - Conditional Use Approval Page 4 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 by the CBD zone district on the south, east and west. To the north is the CBD-RC (Central Business District - Railroad Corridor) zone district. The adjacent land uses are primarily commercial uses with some light industrial uses. Compatibility with the surrounding commercial uses is not a major concern. The peak hours for the club will be during the evening hours at which time many of the adjacent businesses are closed. Impacts with respect to available parking are discussed under the "Parking" section of this report. The proposed use will not have a detrimental effect on surrounding properties provided adequate parking is available. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a site plan modification is being processed which has been reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Item of Concern" has been identified. The attached technical comments, which include the item below, have been transmitted to the applicant and will need to be addressed with revised plans. Parking Pursuant to LDR Section 4.6.9(C)(6)(d), clubs and lodges shall provide 1 space per every 4 seats or 1 space per every 50 sq.ft, of floor area, whichever is greater. The conditional use application indicates that the club will have a seating capacity of 350 people, thus requiring 88 spaces. Based upon the total floor area of the building at 5,998 sq.ft, a total of 120 parking spaces must be provided. However, it is noted that part of the floor area is being devoted to office space rather than meeting space. It would therefore seem more appropriate to use the seating capacity calculation to determine the parking requirement, for a parking requirement of 88 spaces. Required parking may be provided off-site within 300 feet of the subject property in accordance with LDR Section 4.6.9(E)(4). Planning and Zoning tb,_,arU otaff Report The Crossroads Club - CondJtional Use Approval Page 5 Further, the LDRs makes provisions for the reduction of required parking when upon receipt and acceptance of special documentation, it is conclusively demonstrated that the number of parking spaces required for a specific use is appropriate of its application to a specific site. The body which acts on the attendant site plan may reduce the parking requirements accordingly. The club is rarely occupied at full capacity, rather, different groups meet at various times of the week, creating a varied parking demand. The applicant has stated that the average parking demands Monday through Friday are: 7:00 a.m. to 12:00 p.m.: 15 spaces; 12:30 p.m. to 5:30 p.m.: 20 spaces; from 5:30 p.m. to 9:30 p.m.: 35 spaces, except on the last Tuesday and Friday of the month when the average demand is 100 spaces. Sunday mornings from 11:00 a.m. to 12:15 p.m. has a parking demand of 100 spaces. Further, every 6 to 8 weeks the club has a Saturday night dance which runs from 10:00 p.m. to 1:00 a.m. and averages 80 vehicles. The site plan indicates that 23 parking spaces currently exist on the site and that 99 off-site parking spaces are to be provided, however, the location of the off-site spaces has not been specifically identified nor have associated agreements been provided. As a majority of the members attend meetings during the evening hours and most of the area businesses close at 5:00 p.m., there are available spaces in the area that could be utilized. There are approximately 45 on-street parking spaces and private parking spaces available within a 300 foot radius of the property which can be utilized for parking purposes during the evenings. In order to alleviate any conflicts with adjacent businesses during their normal operating hours of 8:00 a.m. to 5:00 p.m., the maximum occupancy of the proposed facility should be limited to 92 people, to coincide with the 23 parking spaces provided on-site. During the evening hours, adjacent on-street and private parking spaces will be available. The applicant is diligently working on obtaining a lease agreement from the F.E.C. Railroad to provide parking on the F.E.C. property on the north side of 2nd Street, across from the subject property, and in the F.E.C. right-of-way to the south of the building. Also, the applicant is negotiating with adjacent property owners to obtain off-site parking agreements. While verbal commitments have been expressed to utilize private property, executed agreements are necessary and may not be able to be obtained in timely fashion due to the binding nature and legal ramifications of such an agreement. The location of the off-site spaces must be submitted along with the associated off-site parking agreements. Any new parking lot construction must be in accordance with the Land Development Regulations. At this time, it is not known how great an impact this facility will have on the parking demands in the area. Based upon the information provided by the applicants, the greatest demands will occur occasionally, during the evenings and Sundays when the surrounding businesses are closed. Thus, it is appropriate to reduce the parking requirement to the less restrictive of the Planning and Zoning ar(, otaff Report ' The Crossroads Club - Conditional Use Approval Page 6 meeting facility calculations to 88 spaces for an occupancy of 350 people, as there are available on-street spaces to accommodate the occasional greatest demand. Off-site parking is available, however, associated agreements will be forthcoming and may take some time to obtain. In order to. pro.vide some flexibility, it is recommended that the meeting facility be able to operate provided that within one year of occupying the building either formal off-site parking and lease agreements must be finalized; an alternative parking plan must be provided; or, the meeting schedules and capacity must be revised and reduced to not exceed the number of on-site parking spaces. F.E.C.-Railroad Right-of-Way A site visit revealed that a 31-space mulch parking lot was installed along the north side of 2nd Street, across from the subject property, and 8 mulch parking spaces were installed along the west side of the alley south of the property. These spaces are located on F.E.C. property (north lot) and F.E.C. Railroad right-of-way (south lot). The parking spaces have been installed without first obtaining site plan and building permit approvals, and did not have the written consent of the property owner (F.E.C. Railroad). In order to locate these spaces within the F.E.C. right-of-way, written verification must be provided by the F.E.C. Railroad that the parking spaces may be located on their property, and site plan approval must be obtained. As previously stated, the applicant has been negotiating with F.E.C., and is dilige, ntly working on obtaining appropriate agreement and approvals. It is noted that pursuant to LDR Section 4.6.9(D)(8)(a), the proposed parking lots must have a paved surface or other hard surface acceptable to the City Engineer and comply with all other applicable LDR requirements. The development proposal is not within a geographical area requiring review by the HPB (Historic Preservation Board). Downtown Development Authority: At its meeting of November 15, 1995, the DDA reviewed and recommended approval of the conditional use request. Community Redevelopment Agency: At its meeting of November 22, 1995, the CRA reviewed and recommended approval of the conditional use request provided that additional parking be provided. Planning and Zoning a Report ' The Crossroads Club - Conditional Use Approval Page7 Site Plan 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, and addressing the listed "Technical Items". Final action on the site plan modification submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Public and Special Courtesy Notices: Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. A courtesy notice was provided to the Pineapple Grove Mainstreet Program. Letters of objection or support, if any, will presented at the Planni.ng and Zoning Board meeting. The proposed use is consistent with the policies of the Comprehensive Plan as well as Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, provided that additional parking is provided. Compatibility with the surrounding commercial properties is not a concern as the majority of the activities will occur during the evenings when most of the surrounding businesses are closed. There have been concerns expressed with respect to the availability of parking in this area. In order to alleviate these concerns, the maximum occupancy between 7:00 a.m. and 5:00 p.m., Monday - Friday, should be limited to that which can be accommodated by the 23 on-site parking spaces. Aisc, to meet the required number of on-site parking spaces it is appropriate for additional parking to be provided by obtaining off-site parking agreements with privately property owners in the surrounding area to utilize their parking facilities during the peak (evening) hours. The "Technical Items" listed in the report will be addressed during the site plan modification process. 1. Continue with direction and concurrence. 2. Recommend approval of the conditional use request for meeting facility for the Crossroads Club based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request for meeting facility for the Crossroads Club based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) Planning and Zoning b~,arr~ dtaff Report ' The Crossroads Club - Conditional Use Approval Page 8 (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, with the basis stated. Recommend to the City Commission approval of the Conditional Use request to establish a meeting facility for the Crossroads Club based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: A. Submission of revised plans addressing the attached "Technical Items"; B. That the maximum occupancy be limited to 350 people; C. That between 7:00 a.m. and 5:00 p.m., Monday - Friday activities and meetings/groups be limited to a maximum of 92 people to not exceed the required 23 on-site parking spaces; and, D. That within one year of occupying the building either formal off-site parking and lease agreements must be finalized; an alternative parking plan must be provided; or, the meeting schedules and capacity must be revised and reduced to not exceed the number of on-site parking spaces. Attachments: Site/Sketch Plan Technical Items Report prepared by: Jeff Costello, Senior Planner TECHNICAL ITEMS: The following technical items have been transmitted to the applicant and will need to be addressed with the revised site plan submittal: 1. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for N.E. 2nd Street and N.E. 4th Avenue is 60 feet and the rights-of-way are currently 50 feet wide. Thus, this development is required to dedicate 5 feet of right-of-way along both streets. However, the right-of-way width may be reduced provided the reduction is supported by the City Engineer. This item requires a waiver and can be addressed at the time of site plan review. Therefore, this development is required to dedicate 5 feet of right- of-way. However, this requirement may be waived provided the City Engineer is supportive of such a request. The applicant should submit a letter requesting this requirement be waived [ref. LDR Section 5.3.1(D)(4)]. 2. Provisions must be made on-site for a dumpster, which must be screened accordingly. If other methods of accommodating trash are proposed, the applicant must provide this information and indicate the location of the refuse containers. If roll-out carts are to be used, a letter from Waste Management must be provided stating that the use of roll-out carts is acceptable for the proposed use. 3. The existing sidewalk along N.E. 2nd Street, must be continued to the west property line. 4. The proposed interior landscape island in the east parking lot must be 5 feet wide exclusive of required curbing. 5. The proposed site lighting locations conflict with existing tree locations. 6. Building elevations must be provided showing the addition of the elevator. 7. A physical separation must be provided between the maneuvering area and the walkway on the north side of the building. 8. A bike rack must be provided. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~-"~ SUBJECT: AGENDA ITEM # - MEETING OF J ARY 9, 996 CONDITIONAL USE REQUEST/OUTDOOR ENTERTAINMENT AT THE GROVE SQUARE COURTYARD DATE: JANUARY 5, 1996 This is before the Commission to consider a conditional use request to allow the establishment of a "place of assembly for commercial entertainment" at the Grove Square (Block 85) site, located on the south side of Atlantic Avenue, east of S.E. 2nd Avenue. The current development proposal is for an outdoor entertainment facility in the approved courtyard area. Entertainment presented in the courtyard will include films, music, children's events, and pay-per-view sporting events available to patrons of the restaurants. The site has previously received approval for the restaurants, the outside dining area, and use of the courtyard in association with those restaurants. Thus, the conditional use approval applies only to the use of the courtyard for the proposed twice-monthly special events. The Downtown Development Authority, the Community Redevelopment Agency and the Planning and Zoning Board have each reviewed the request and have voted unanimously to recommend approval. The Parking Management Team will forward their recommendation to the Commission after their meeting on January 4, 1996. Recommend approval of the conditional use request to establish a place of assembly for commercial entertainment purposes in the courtyard at Grove Square, based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions enumerated in the attached staff report. CITY COMMISSION DOCUMENTATION TO: D,~VlDT. HARDEN, CITY MANAGER THRU: R SUBJECT: MEETING OF JANUARY 9, 1996 CONDITIONAL USE APPROVAL FOR A "PLACE OF ASSEMBLY FOR COMMERCIAL ENTERTAINMENT" AT THE GROVE SQUARE (BLOCK 85 REDEVELOPMENT) SITE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a conditional use request to establish a "place of assembly for commercial entertainment" at the Grove Square (Block 85) Site, pursuant to Section 2.4.5(E). The subject property is at the southeast corner of SE 2nd Avenue and Atlantic Avenue. BACKGROUND: The property is zoned CBD (Central Business District). The CRA acquired the property in 1994 and offered it as a redevelopment project. The applicant purchased the property in 1995 and received site plan approval for the project on August 23, 1995. The development approval is for a mixed use development in two phases. Building permits have been issued and construction has commenced for Phase I. For a more complete description of the approved site plan see the attached P&Z Staff Report. The current development proposal is to establish a "place of assembly for commercial entertainment purposes" in the approved courtyard area. Musical concerts and other events will be available Monday through Sunday until 2:00 a.m. (the operating hours of the restaurants in the development). Special events are limited to no more than two weekends per month with a capacity of up to 1,250 people. Entertainment presented in the courtyard will include film showings, music, children's events (puppet shows, etc.), and pay-per-view sporting events that will be available to patrons of the restaurants. A cover charge may be collected by the restaurants for those events. Attendance for these events will be limited to approximately 500. The site has previously received approval for restaurants, the use of the courtyard in association with those restaurants, and the outside dining area. Thus, the conditional use approval applies only to the use of the courtyard for the proposed twice monthly special events. City Commission Documentation Conditional Use Approval - Block 85 Redevelopment Page 2 With the conditional use submission, staff requested an event plan that will ensure availability of parking, alleviate conflicts with other events and ensure public safety. Details of that event plan are included in the attached Planning and Zoning Board Staff Report. REVIEW BY OTHERS: Downtown Development Authority: The DDA Board reviewed the conditional use request at its meeting of December 20, 1995. The Board had concerns regarding the demands on public parking lots in the vicinity of the proposal, but unanimously recommended approval. Community Redevelopment Aqency: At its meeting of December 14, 1995, the CRA reviewed and unanimously recommended approval of the conditional use request. Parkin.q Mana.qement Team: The Parking Management Team met on January 4, 1996. The PMT's recommendation will be forwarded to the City Commission. Plannin.q and Zoninq Board: The Planning and Zoning Board reviewed the conditional use request at its meeting of December 19, 1995, and unanimously (4-0) recommended approval. RECOMMENDED ACTION: Approve the Conditional Use request to establish a "place of assembly for commercial entertainment purposes" based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That special events be limited to 2 weekends per month with operating hours of 6:00 p.m. to 2:00 a.m.; 2. That the provisions of the "Event Plan," "Noise Control," and "Event Security" sections of the Planning and Zoning Board staff report be adhered to; 3. That off-site parking agreements be obtained from private property owners to utilize their parking facilities during special events; 4. Widen the entrance/egress from the parking lot to an unobstructed width of 11'. Attachment: [] P&Z Staff Report PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 19, 1995 AGENDA ITEM: V.D. ITEM: Conditional use approval for an outdoor entertainment facility associated with the Grove Square (Block 85) development at the southeast corner of Atlantic Avenue and SE 2nd Avenue. Cc"'N'J~R SS~Ou~AO~RLR~ ATLANTIC GENERAL DATA: Owner ......................................... Block 85 Corp0r. ation Applicant ..................................... Edward Gallagher Block 85 Corporation Location ...................................... Southeast corner of Atlantic Avenue and SE 2nd Avenue. Property Size .............................. 1.36 acres -- Future Land Use Map ................. Commercial Core Current Zoning ........................... CBD (Central Business District) Adjacent Zoning ................ North: CBD East: CBD South: CBD West: CBD Existing Land Use ....................... Existing vacant commercial structures with associated parking. Proposed Land Use .................... Conditional use approval for the use of an approved 6,600 square foot courtyard and outdoor stage for special events attended by a maximum of 1,250 people. Water Service ............................. Existing on site. Sewer Service ............................ Existing on site. M.D. The action before the Board is making a recommendation to the City Commission on a conditional use request to establish a "place of assembly for commercial entertainment" at the Grove Square (Block 85) Site, pursuant to Section 2.4.5(E). The subject property is at the southeast corner of SE 2nd Avenue and Atlantic Avenue. The Barwick Building at 222 E. Atlantic Avenue (former Ken and Hazel's) was originally constructed in 1924 as a real estate office. A number of additions to the structure have been made over the years, including the retail structure directly adjacent to the west. A 1,780 square foot addition to the rear of the retail structure was demolished in November 1990, bringing the buildings to their current configuration. The structure at 29 SE 2nd Avenue (former Anna's Attic) was constructed in 1959. The property is in what was previously the C-1 Limited Commercial and C-2 General Commercial zoning districts. The properties were rezoned to CBD (Central Business District), their current designation, .with the establishment of the district in 1972. The CRA acquired the property in 1994 and offered it as a redevelopment project. The applicant purchased the property in 1995 and received site plan approval for the project on August 23, 1995. The development is in two phases: I~i Demolition of 914 square feet of existing commercial buildings to accommodate a breezeway leading to a rear courtyard area; El Conversion of 832 square feet of retail structure and a 1,486 square foot building addition to restaurant use; El Demolition of 396 square feet of the Ken and Hazel's building and a 946 square feet addition of to the same structure; El Construction of 29 parking spaces; I~ Construction of an outdoor stage and storage room; El Addition of a dumpster enclosure; and El Landscaping modifications. El Addition of a four stow, 12,328 square foot office and residential structure; Planning and Zoning Board Staff Report Conditional Use Approval -Grove Square Courtyard Page 2 I~1 Construction of 28 parking spaces; I~l Addition of a dumpster enclosure; and Q Landscaping modifications. Building permits have been issued and construction has commenced for Phase I. A non-impacting site plan modification to modify fences and landscaping on the site and the building footprint of one structure is being processed concurrently with the conditional use and will be approved administratively. The development proposal is to establish a "place of assembly for commercial entertainment purposes" at Grove Square. Musical concerts and other events will be available Monday through Sunday until 2:00 a.m. (the operating hours of the restaurants in the development). Special events are limited to no more than two weekends per month with a capacity of up to 1,250 people. The approved site plan includes a 6,500 square foot courtyard associated with the restaurants. The courtyard also contains a permanent stage (450 sq.ft.) with a covered canopy, a 208 sq.ft, storage room attached to the rear of the stage, and permanent restroom facilities to accommodate the occupancy of the courtyard per the Standard Building Code. Entertainment presented in the courtyard will include film showings, music, children's events (puppet shows, etc.), and pay-per-view sporting events that will be available to patrons of the restaurants. A cover charge may be collected by the restaurants for those events. Attendance for these events will be limited to approximately 500.' The site has previously received approval for restaurants, the use of the courtyard in association with those restaurants, and the outside dining area. Thus, the conditional use approval applies only to the use of the courtyard for the proposed twice monthly special events. With the conditional use submission, staff requested an event plan that will ensure availability of parking, alleviate conflicts with other events and ensure public safety. Those plans are discussed below. Event Plan Proposed Hours of Operation: Special events will be limited to two weekends per month with a seating capacity of up to 1,250 people. The events will end at 2:00 a.m. and the courtyard area Planning and Zoning Board Staff Report Conditional Use Approval -Grove Square Courtyard Page 3 will remain open for approximately one hour to allow for people exiting the site. These hours of operation are consistent with the hours of operation for the approved restaurants. City Coordination: The applicant will contact the Downtown Joint Venture to schedule all events and to avoid conflicts with other major events. The applicant will bring any cancellations or schedule changes to the attention of the Joint Venture prior to any public announcement. Security: Three admission/egress points to the courtyard are provided, one (16' wide) through the breezeway to E. Atlantic Avenue, one (8' wide) along the FEC right- of-way to E. Atlantic Avenue, and one (8' wide) from the parking lot to the south of the courtyard. All gates will be staffed at all times during special events by two or more personnel. Pursuant to comments from the Fire Department, the entrance/egress from the parking lot mu'st widened to 11' and unobstructed by steps, curbs, etc. Widening of that egress point is included as a condition of approval. A fourth egress point to the alley on the west side of the site will be staffed by security personnel, but reserved for emergency use. Additional access and egress may be provided through the restaurants. No temporary fences or barriers will be required. The promoter will coordinate Police security needs with the City of Delray Beach Police Department. The number of officers will be determined by the Police Department, in consultation with the owner, based on the anticipated ticket sales for individual events. Alcohol sales will be regulated by the licenses of the restaurants on the site. Ticket sales will be advertised through Ticketmaster. Tickets will also be sold at the Main Gate in the breezeway. All gates will accept pre-purchased tickets for entry and allow free access to and from the site, at all times. No coolers, large contel-tiers or chairs shall be allowed on site. Any bags, blankets, etc. will be subject to search prior to admittance. Restrooms: Permanent restrooms sufficient for the courtyard area are provided for on site and be open to the public 2 hours prior and all during the event hours of operation. The plumbing count meets the minimum required by the Standard Building Code. Trash: Trash containment and removal will be coordinated with Waste Management, Inc. Waste Management will provide the containers that will be utilized within the enclosed area as well as an additional dumpster for the events. Planning and Zoning Board Staff Report Conditional Use Approval -Grove Square Courtyard Page 4 CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Commercial Core and is zoned CBD (Central Business District). The zoning is consistent with the FLUM designation. Within the CBD, "place of assembly for commercial entertainment purposes" is allowed as a conditional use [ref. LDR Section 4.4.28(D)(3)]. Certain conditional uses that are allowed within commercial~ industrial, and mixed use districts can be characterized as outside uses. Such operations may be conducted outside when specifically determined through the conditional use process that the outside aspects of the .use are appropriate. Conditions may be applied to mitigate visual and other impacts [ref. LDR Section 4.6.6(A)(2)]. 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, Eh-e 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. SPRAB made positive findings with respect to water, sewer, drainage, parks and recreation facilities at the time of site plan approval. The development proposal includes the installation of a restroom facility that can accommodate an amphitheater with a capacity of up to 1,250 people. Adequate water and sewer treatment facilities exist to accommodate this demand. The following paragraphs are discussions of Traffic and Solid Waste Concurrency. Streets and Traffic: A traffic study was not submitted. The proposal is in the City's TCEA (Traffic Concurrency Exemption Area) established for the CBD, OSSHAD (Old School Square Historic Arts District) and the General Commercial area along West Planning and Zoning Board Staff Report Conditional Use Approval -Grove Square Courtyard Page 5 Atlantic Avenue. The TCEA exempts those areas from the requirements of the Palm Beach County Traffic Performance Standards Ordinance. Thus, a traffic study is not required. Based upon the above, the Board can make a positive finding with respect to traffic concurrency. Solid Waste: Positive findings regarding solid waste generation were made with the site plan approval. The site is approved for over 14,000 sq. ft. of retail use, mostly restaurants, with a 6,500 courtyard that can accommodate approximately 450 diners. The current proposal is for a maximum of 48 special events annually with a maximum capacity of 1,250 people. Part of the submitted event plan is to contract with Waste Management, Inc. to arrange for any special provisions required for the events. The trash generated by the special events will not negatively impact the solid waste facilities on the site. Therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and 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 surrounded by the CBD zone district. The adjacent land uses are commercial structures (some occupied and some vacant), the FEC Railroad, and parking lots (municipal and private). Compatibility with the surrounding commercial uses is not a major concern. The courtyard will be available with a capacity of approximately 500 people. The special events are limited to 2 weekends a month with a maximum capacity of 1,250 people. The stage will be located within the courtyard area of the Planning and Zoning Board Staff Report Conditional Use Approval -Grove Square Courtyard Page 6 development facing west, which will direct the sound towards the structures on site. To the rear of the stage will be a Ficus hedge, the railroad right-of-way, and parking lots. The proposed use will .not have a detrimental effect on surrounding properties. The proposed use will attract people to the downtown at night, and should stimulate other business and encourage development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. Parking Pursuant to LDR Section 4.4.13(G)(1)(a), within this area of the CBD zone district, between NE 1st and SE 1st Streets, parking requirements shall apply to new floor area only at a rate of 1 space per 300 sq.ft., in addition to replacement of any previously required parking which may be eliminated. A 29-space on-site parking lot is currently under construction on the south side of the courtyard. Only 6 spaces in that parking lot were required for Phase I of the development. The courtyard is approximately 6,600 square feet, requiring 22 additional spaces. By that parking requirement; sufficient spaces are available for the courtyard. An additional 28 spaces are proposed with Phase I1. If the site were not located within this area of the CBD, 417 parking spaces would be required [LDR Section 4.6.9(C)(6)(a)] for special events. TheJ;z~sis for the reduced parking requirement within this area of the CBD zone district is the availability of public parking in the area, and to provide an incentive that may encourage the development and redevelopment of the City's Central Business District. LDR Section 4.6.9(E)(4)(b) states that in instances where uses and/or facilities have high parking demands and which are otherwise subject to conditional use approval (e.g., places of assembly, stadiums, etc.) such parking may be provided off-site in accordance with the following: 1. Approval of such off-site parking may be granted by the body that has approval authority of the related conditional use. 2. A parking and transportation plan must be presented in order to obtain such approval. The plan must identify parking areas and demonstrate the manner in which transportation to the site, security, maintenance, and related matters will be accommodated. Planning and Zoning Board Staff Report Conditional Use Approval -Grove Square Courtyard Page 7 3. Easements, agreements, or other appropriate legal documents that assure continued availability of such parking shall be required as part of the parking and transportation plan. Currently 1,478 public parking spaces in the downtown area (within 1/4 mile walking distance) to people attending the special events. The maximum seating capacity of 1,250 for special events two weekends per month will create a maximum parking demand of 417 spaces. That demand will not significantly impact parking availability in the CBD. Special events must be coordinated through the Downtown Joint Venture in an attempt to minimize conflicts with other events that generate heavy parking demands. As the parking plan identifies public parking spaces, an agreement is not required. The applicant is securing additional parking for special events. Phase II of the development will be utilized as an overflow lot for special events until the area is developed. No improvements are proposed in this area. The City Engineer indicates that use of the unimproved area is acceptable on a occasional basis. However, if the lot is used for the day-to:day operation of the site or becomes a maintenance problem, improvements will be required. The applicant is also actively pursuing off-site parking agreements for nearby private parking that are empty during evening hours. If these parking areas are utilized, applicable parking agreements must be executed. Noise Control Ordinance {Ordinance 99) On October 26, 1995, the Board of Adjustment approved a noise variance-for the subject parcel. The variance stipulates that noise levels generated in the courtyard do not exceed 100 decibels, that the variance applies to the normal operating hours of the restaurants on the site, and that the variance is based on the stage location approved with the site plan approval (see attached). The anticipated decibel levels of the outdoor concerts are 100 decibels while the trains that frequently pass generate 105 decibels. Event Security The Police Department met with the applicant regarding the proposal on December 1, 1995. Pursuant to a memorandum from Major Richard M. Lincoln, Field Operations Bureau, the following are the Police Departments recommendations regarding the proposed use. 1. The applicant will contract with off-duty Delray Beach Police officers to provide security during special events. The applicant and the Police Planning and Zoning Board Staff Report Conditional Use Approval -Grove Square Courtyard Page 8 Department will coordinate the number of Officers, depending on the act and the anticipated crowd. However, the Police Department will have the final say on the number of police officers to be assigned, 2. The operator will provide staff security to monitor activity in the restrooms as well as inside the amphitheater area, focusing upon disorderly conduct and/or the use of illegal drugs. Staff security will notify and alert police security personnel as needed. 3. The operator will provide a walkie-talkie to a Delray Beach officer so that immediate communication between police and security personnel is possible. 4. The Police Department will ensure that the FEC tracks are kept clear of pedestrians during special events. The development proposal is not within a geographical area requiring review by the HPB (Historic Preservation Board). Downtown Development Authority: The DDA Board will review the conditional use request at its meeting of December 20, 1995. The Board's comments.will be forwarded to the City Commission. Community Redevelopment Agency: At its meeting of December 14, 1995, the CRA reviewed and recommended approval of the conditional use request. Parkin,q Mana.qement Team: The Parking Management Team will review the conditional use request at its meeting in January, 1995. The PMT's recommendation will be forwarded to the City Commission. Special Courtesy and Public Notices: Courtesy notices were provided to the following homeowner's associations and civic organization: ~ Old School Square Homeowner's Association r~ Delray Beach Chamber of Commerce [] Pineapple Grove Main Street Planning and Zoning Board Staff Report Conditional Use Approval -Grove Square Courtyard Page 9 Formal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection or approval, if any, will be presented at the Planning and Zoning Board meeting. The proposed use is consistent with the policies of the Comprehensive Plan as well as Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations. The applicant, in conjunction with the conditional use request, has submitted an event plan that will minimize impacts on surrounding properties and coordinate the availability of public parking. Compatibility with the surrounding commercial properties is not a concern as the special events are limited to 2 weekends per month. The Grove Square project and the associated special events will help to promote night time activity in the CBD, which will help to foster the continuing redevelopment of the downtown. Based on the above, the Board can recommend approval of the conditional use request. 1. Continue with direction and concurrence. 2. Recommend approval of the conditional use request for "place of assembly for commercial entertainment purposes" based upon poSitive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, a__nd the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the conditional use request for "place of assembly for commercial entertainment purposes" based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, with the basis stated. Recommend to the City Commission approval of the Conditional Use request to establish a "place of assembly for commercial entertainment purposes" based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Planning and Zoning Board Staff Report Conditional Use Approval -Grove Square Courtyard Page 10 Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That special events be limited to 2 weekends per month with operating hours of 6:00 p.m. to 2:00 a.m.; 2. That the provisions of the "Event Plan," "Noise Control," and "Event Security" sections of this staff report be adhered to; 3. That off-site parking agreements be obtained from private property owners to utilize their parking facilities during special events; 4. Widen the entrance/egress from the parking lot must to an unobstructed width of 11 '. Attachments: [] Approved Site Plan · [] Location Map Report prepared by: Jeff Perkins, Senior Planner ST, CITY ' HALL ~OMMUNI [Y > ' CENrER SCHO0~ SOUARE , S.E. IST ST. S.E. 2ND ST. OTY ~ D[~AY 8EA~, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM ~ ~ - MEETING OF JANUARY 9, 1996 ARCHITECTURAL ELEVATIONS/VIDEO AVE (A VIDEO STORE) DATE: JANUARY 5, 1996 This is before the Commission to consider the architectural elevations for Video Ave (a video store), to be located in the northwest corner of the South Delray Shopping Center located at the northeast corner of U.S. Highway No. 1 and Lindell Boulevard. The development proposal is to construct a 7,475 square foot store which will have a 1950's style which is not entirely consistent with the shopping center in terms of color and architectural style. At its meeting of December 6, 1995 the Site Plan Review and Appearance Board considered the proposed architectural elevations for Video Ave. Despite certain incompatibilities, the Board felt the elevations were complementary to the overall center and adjacent properties, and voted 6-0 to recommend approval of the elevations based on positive findings with respect to LDR Section 4.6.18(B) (13) (b). Recommend approval of the archetectural elevations for Video Ave based on positive findings. CITY COMMISSION DOCUMENTATION TO: DAVID T. H_ARDEN, CITY MANAGER THRU: mi U ZO.l. SUBJECT: MEETING OF JANUARY 9, 1996 CONSIDERATION OF ARCHITECTURAL ELEVATIONS FOR VIDEO AVE (A VIDEO STORE) TO BE LOCATED ON THE OUTPARCEL LOCATED AT THE NORTHWEST CORNER OF THE SOUTH DELRAY SHOPPING CENTER ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of architectural elevations for a proposed store to be known as Video Ave, pursuant to LDR Section 4.6.18(B)(13). The subject property is a vacant outparcel located at the northwest corner of the South Delray Shopping Center, which is located north of Lindell Boulevard on the east side of Federal Highway. BACKGROUND: Pursuant to Section 4.6.18(B)(13) Outbuildings and Shopping Centers, outbuildings within a shopping center shall be compatible in terms of color, materials, and architectural style. The Site Plan Review and Appearance Board shall make a finding of such compatibility prior to approval of outbuilding elevations. If the Board determines that there is not compatibility with respect to any of the items, then it shall deny the elevations. However, if the Board feels that despite the incompatibly the elevations should be approved they shall forward the elevations to the City Commission with a recommendation of approval, and the City Commission shall take final action. The development proposal is to construct a 7,475 square foot store known as Video Ave. The proposed structure will have a 1950's architectural style (see attached elevations) which is not consistent with the 1980's - built shopping center in terms of color and architectural style. City Commission Documentation Architectural Elevations for Video Ave Page 2. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: At its meeting of December 6, 1995, the Site Plan Review and Appearance Board considered the proposed architectural elevations for Video Ave. The only compatibility finding they could make with the proposed elevations is that the building materials (concrete block with a stucco finish) were consistent with that of the shopping center. The proposed colors (beige with red accents) and architectural style are considerably different than that of the shopping center. Despite these incompatibilities, the Board felt the elevations were complimentary to the overall center, and adjacent properties. The Board then voted 6-0 (Charles Toth absent) to recommend to the City Commission approval of the building elevations for Video Ave based upon positive findings with respect to LDR Section 4.6.18(B)(13)(b). RECOMMENDED ACTION: By motion, approve the architectural elevations for Video Ave based upon positive findings pursuant to LDR Section 4.6.18(B)(13)(b), as recommended by the Site Plan Review and Appearance Board. Attachments: * Architectural Elevations for Video Ave MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ff~/~ ~ SUBJECT: AGENDA ITEM # ~. ~- - MEETING OF JANUARY 9, 1996 DELL PARK SUBDIVISION REPLAT DATE: JANUARY 5, 1996 This is before the Commission to consider the replat of Block 6 lots 13, 14, 15, 16, and 17 of the Dell Park Subdivision located at the southeast corner of Swinton Avenue and N.E. 12th Street. (Lots owned by Old School Square.) The replat creates two parcels from the existing five lots. The site is currently vacant and has an existing land use designation of Low Density Residential and a zoning classification of R-i-AA. One of the proposed parcels (Parcel 2) will be non-conforming with respect to the depth requirement (75 feet, where 100 feet are required); however, each of the parcels exceed the lot area requirements for the district. The size of the proposed lots are similar to many of the lots in the vicinity of this property; most of the lots along N.E. 12th Street have 50 foot. frontage, and along Swinton they vary from large estate parcels to lots having only 60 to 70 foot frontage. Recommend a finding that it is necessary and appropriate to create a non-conforming lot based on the variation of lot sizes along Swinton Avenue and the existence of similarly sized lots along N.E. 12th Street, and approve the replat of the Dell Park Subdivision. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR~-'~ :~,,~/~ PLANNING AND ZONING PLANNER { SUBJECT: MEETING OF JANUARY 9, 1996 DELL PARK REPLAT (SOUTHEAST CORNER OF N.E. 12TH ST. AND SWINTON AVENUE--LOTS OWNED BY OLD SCHOOL SQUARE) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of the replat of Lots 13, 14, 15, 16, and 17, Block 6, of the Dell Park Subdivision. The subject property is located at the southeast corner of N. Swinton Avenue and N.E. 12th Street. This replat is being processed pursuant to LDR Section 2.4.5(K), Minor Subdivisions. BACKGROUND: In September, 1995, the City received a request from Old School Square to replat property located at the southeast corner of N. Swinton Avenue and N.E. 12th Street. The property is unimproved, and was used for several weeks as a temporary parking area associated with the DeWitt historic home. The replat of the subject property creates two parcels from the existing five lots. One of the proposed parcels (Parcel 2) will be non-conforming. Pursuant to LDR Section 4.3.1(D), lots shall meet the minimum requirements established unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such a nonconformity. PLAT ANALYSIS: The site is currently vacant, and has an existing land use designation of Low Density Residential (0-5 du/ac) and an existing zoning classification of R-l- AA. The property is currently platted as five 28' x 150' lots, none of which conform to the zoning district standards. The lots could be developed as City Commission Documentation Dell Park Replat Page 2 one parcel and would greatly exceed the zoning district requirements. The proposal is to replat the lots into two parcels (see plat exhibit). Each of the proposed parcels will be 75' by 140' in size and each will contain a lot area of 10,500 square feet, which exceeds the lot area requirements for the R- 1AA district (9,500 sq. ff.). Parcel I has frontage on N.E. 12th Street, and meets or exceeds all minimum required lot dimensions for the district. Parcel 2 is located at the corner of Swinton and N.E. 12th; since Swinton is classified as a collector street that property line is considered the frontage. Corner lots in the R-1AA district are required to have 95' of frontage and a minimum depth of 100'. Therefore, Parcel 2 will be nonconforming with respect to the minimum depth requirement (75' provided where 100' is required). An alternative configuration would be to have both lots fronting Swinton Avenue. However, the result would be two nonconforming lots, as the frontage of each would be only 70'. As previously noted, the Commission may approve the creation of a nonconforming lot based upon a finding that it is necessary and appropriate to do so. The City Commission may also impose mitigating conditions at the time such a plat is approved. The applicant has submitted a letter justifying the necessity and appropriateness of the subject request (see attached copy). To summarize, he states that the necessity is created by the fact that the entire parcel was marketed for some time as one lot and did not sale, and that there are no comparably sized lots on the market in the area. In terms of the appropriateness of the request, he notes that lot sizes along Swinton Avenue vary in size, and that the overall size and width of the property exceeds the minimum requirements for the district. Staff notes that the size of the proposed lots are similar to many of the lots located in the vicinity of the subject property. Most of the residences along N.E. 12th Street are on lots that are 50' x 140' in size. Lot sizes along North Swinton Avenue vary greatly, from large estate-type parcels' to lots that have only 60 or 70 feet of frontage. The prospective purchaser of the property plans to move an existing oceanfront historic house onto it, with the front of the house facing Swinton Avenue and accessed by a circular drive. The house itself, as well as its proposed orientation, is in keeping with the character of development along Swinton. The house will be set back 30 feet from Swinton and approximately 15 feet from the rear (east) property line. PLANNING AND ZONING BOARD CONSIDERATION: The Dell Park replat is considered a minor subdivision, thus Planning and Zoning Board review is not required. City Commission Documentation Dell Park Replat Page 3 ALTERNATIVE ACTIONS: A. Make a finding that it is necessary and appropriate to create a non- conforming lot (Lot 2) based upon similar lot sizes along N.E. 12th Street and the variation of lot sizes along Swinton Avenue and 1. Approve the Dell Park replat as submitted; or 2. Approve the Dell Park replat subject to conditions. B. Deny the Dell Park replat based upon a determination that a non- conforming lot would be created, and it has not been demonstrated that it is necessary and appropriate to accommodate the request. RECOMMENDED ACTION Make a finding that it is necessary and appropriate to create a non-conforming lot (Lot 2) based upon the existence of similarly sized lots along N.E. 12th Street and the variation of lot sizes along Swinton Avenue, and approve the Dell Park replat as submitted. Attachments: · Location Map · Aedal Photograph · Reduced plat · Applicant's letter · Memorandum from City Engineer DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: Diane Dominguez Director of Planning FROM: Dan Beatty, City Engineer DATE: January 3, 1996 SUBJECT: Dell Park Replat The revised plat has been reviewed and determined that all previous technical comments have been adequately addressed. All applicable permits for the project have been obtained. DB:mm File: TAC DBDEL 103 .DOC Old School PARK CULTURAL ARTS CENTER Old School Square Cultural Arts Center is requesting a replat of the property on Swinton Avenue to two lots. The lot was ~illed us at the same time as the DeW£tt home. The character of the gift demanded that we give special thought as to the use and/or sale of the property. After much deliberation it was determined that the sale of the lot was necessary. The lot was listed in June of 1994 for $75~000.00. We received no legitimate offers on the property for several months. We reduced the property to $69,000.00. At that time we received several calls indicating they would be interested in purchasing half the property. No other offers were received. In June of 1995 we started the plat change to divide the property into two lots as there was interest in moving m historic home to the Swinton Ave. west side of the property. We have also received other interest in the eastern lot if the plat change is approved. Old School Square feels the plat change is necessary because: 1. The lot would not sale at the listed price. 2.There is no comparable lot on the market in that area. There is a variance in the size of the lots on Swinton. 4. The overall size of the lots after the change would exceed the minimum requirements. 5.The ~ would also be exceeded. Please note also that a historic Delray home would be placed on Swinton Ave. which is in character of other relocated homes and in keeping with the historic feel of the neighborhood. The plan is for the house to front on Swinton Ave. The actual size of the home is 5~000 square feet. Old School Square, Inc. 51 North Swinton Ave. Delray Beach, Florida 33444 (407) 243-7922 TWP 46 RNG 43 SEC 9 LEGEND 1. ALLEN AVE. ~. N.E. 8th ST. (sR 80GA) 3. N.E. 4th ST. 4. SWINTON AVE. N. S. OLD DIXIE HWY. 8. FEOERAL HWY. (U.S. 1) 7. OCEAN BLVD. (SR AIA) APPROXIMATE SCALE 1": 300' ,~/4UNNUMBE.ED) ~ N.E. 12TH STREET IR=25.00' ~=8g'31' R.~. ~9 m ~ ,~ m LO~ 12 ~ ~ ~ ~ ~ BLOCK 6 m ~ ~.. DELL PARK ~ ~ P~TBOOK 8 PAGE 7fi.O0' CONC. MO~ME~ 4~4" ~NNUMBERED) CO lC. MONUME~ ~ ~NUMBERED) LOT, 18 LOT. 19 LOT. 20 LOT 21 LOT 22 LOT, 23 BLOCK 6 BLOCK 6 BLOCK 6 BLOCK 6 BLOCK 6 BLOCK 6 DELL PARK PLAT BOOK 8 PAGE 56 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~'~' - MEETING OF JANUARY 9, 1996 SPECIAL EVENT REOUEST/BACKRQOM STREET PARTY DATE: JANUARY 5, 1996 Prior to receiving the request outlined in Mr. Barcinski's memorandum, we received and approved a request for a "Gallery Stroll" on January 19th along Atlantic Avenue from the FEC Railroad to East 6th Avenue. The gallery owners object to closing Atlantic Avenue. They feel it would adversely affect their event by interfering with access by potential customers. I recommend that the Backroom Street Party not be approved for January 19th unless it can be done without closing Atlantic Avenue. ref:agmemo7 rlT¥ I)F DELRI:I¥ BEI:IgH ~ 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-AmericaCity 1993 TO: David T. Harden, City Manager FROM: ~',~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, JANUARY 9, 1996 SPECIAL EVENT REQUEST - BACKROOM STREET PARTY DATE: January 4, 1996 ACTION City Commission is requested to approve a request from the Joint Venture for "Backroom Street Party" to be held on January 19, 1996, from 5:00 p.m. - 10:00 p.m., to grant a temporary use permit, per L.D.R.'s Section 2.4.6.(H) for the use and closure of Atlantic Avenue from Swinton Avenue to N .E./S.E. 1st Avenue, and to provide City support at the expense of the Backroom. BACKGROUND A request (attached) has been received from the Joint Venture for this event, which will be used as a fund raiser for the Community Child Care Center. The Center will receive 20% of the ticket sales. Ms. Ferret has indicated that the Backroom will be responsible for Police overtime, clean up, barricade placement and ticket sales. Staff concurs with this request with the following exceptions: 1. The Police Department will determine the number of officers needed for the event. 2. Barricade placement to be done by City crews due to safety concerns with street barricading, proper signage, and the need to obtain a permit from D.O.T. to barricade and sign Atlantic Avenue at the approach to Swinton. Aisc recommend that overtime for barricading, which is estimated at $125.00, be paid for by the event sponsor. The set up for this event will be the same as it was for the Summer Nights event with the addition on plastic fencing installed by the sponsor to cordon off the area. In reviewing this request Commission also needs to consider the policy issue of allowing the use of City right-of-way and charging admission. THE EFFORT ALWAYS MATTERS Printed on ~ecycled Paper Agenda Item # Page 2 RECOMMENDATION Consider approval of request from the Joint Venture for the Backroom Street Party with staff exceptions. RAB:kwg Attachment File:u:gmham/agenda Doc.:BACKRMST.Pty · tl ntlc December 29, 1995 Mr. David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mr. Harden: The Joint Venture is requesting a waiver of the Noise Ordinance on public streets for the following event. Backroom Street Party - January 19, 1996; 5:00 p.m. - 10:00 p.m. Closure of Atlantic Avenue from Swinton Avenue to N.E. 1st Avenue, from 4:00 p.m. to 11:00 p.m. Request 1/2 of small stage to be placed in street, facing east (back of stage to Swinton). Orange fencing will be placed by Backroom, closing street to control ticket sales. Tickets are $5.00 to $1.00 to benefit Community Child Care Center. Backroom will be responsible for police overtime, cleanup, barricades placement and ticket sales. Waiver of open container requested from Atlantic Avenue within orange fence only. Your consideranion of the above request is appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator MF:sk DELRAY BEACH JOINT VENTURE · Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 407-279-1384 · Fax: 407-278-0555 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # q'~' - MEETING OF JANUARY 9, 1996 BID AWARD/DATAPLEX CORPORATION DATE: JANUARY 5, 1996 This is before the Commission to consider bid award to Dataplex Corporation, the second low bidder for microfilming services for the Community Improvement Department, at an estimated annual cost of $12,950. Bids were received from two vendors in accordance with City purchasing procedures; however, because of past unsatisfactory performance by the low bidder Microfilm Depot, staff recommends award to the second low bidder. Recommend approval of the bid award to Dataplex Corporation at an estimated annual cost of $12,950 from the department's Operating Expenses - Photo and Microfilm Services (Account Nos. 001-2721- 524-34.70 and 001-2741-524-34.70. Date: December 28, 1995 Request to be placed on:, X Regular Agenda Special Aqenda Workshop Agenda When: 3an.uary 09,1996 Description of agenda item (who, what, where, how much): BID AWARD- Bid #96-07, Award to 'low responsive biider, Dataplex Corporation at an estimated annual cost of $12',950.00 for microfilming serv%ces for Community..I. mprovement ORDINA/qCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Dataplex Corporation at an..estimated ann~al cost of $12~950. FundinK from accounts 001;2721-524-34.70 and 001-2741-524-%&.?0. Depart. merit Head Signature: ~-~~,..._..~ ~ ~. · . //- Detormination of Consistency wi-t~prehensive Plan: '.~ , City Attorney Review/ Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: NO Funding alternatives~-- City Manager Review: Approved for agenda: NO Agenda Coordinator Review: Received: Action: Approved/Disapproued MEMORANDUM TO: David T. Harden, City Manager THROUGH: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: December 28, 1995 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 09, 1996 - BID AWARD - BID #96-07 MICROFILMING SERVICES FOR COMMUNITY IMPROVEMENT Item Before Commission: The City Commission is requested to make award to low responsive bidder, Dataplex Corporation, at an estimated annual cost of $12,950.00. Background: The Community Improvement Department has an need for an annual contract for microfilming services for filming of their documents. Bids were received on November 20, 1995, from two (2) contractors, all in accordance with City purchasing policies. (Bid #96-07. Documents on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Community Improvement Director has reviewed the bids received and recommends award to second low bidder, Dataplex Corporation per attached memo dated 12/13/95, and memo dated 08/24/95. Recommendation: Staff recommends award to second low bidder as outlined above, at an estimated annual cost of $12,950. Funding from the departments operating account's 001-2721-524-34.70 and 001-2741-524-34.70. Attachments: Tabulation of Bids Memo To Comm. Improvement Dir. 08/24/95 Memo To Comm. Improvement Dir. 12/13/95 cc Lula Butler MEMORANDUM TO: Lula Butler, Community Improvement Director FROM: Sandy Roberts, Office Computer Specialist ~ SUBJECT: Review of Microfilm Bid, #96-07 DATE: December 13, 1995 I have reviewed the attached bid for microfilming services. My review consisted of checking on the references of Dataplex and meeting with an account representative of the company at our offices. I showed him our original documents (what he would be receiving from us to film) and what quality we would expect the finished film product to be. I was very impressed with his knowledge and professionalism and the references, although not glowing, were satisfied with Dataplex's work. Dataplex was one of two companies that bid on this contract. The other company was Microfilm Depot, Iow bidder. Microfilm Depot is the company that we used last year for filming and the company that we did not renew with for their second year for the reasons stated in the attached memo dated August 24, 1995. My recommendation is that we sign a contract with Dataplex even though they were not the Iow bidder. (If Dataplex is chosen, they want to clarify their delivery time of completed work, i.e., return within 30 to 45 days.) TO: Sandy Roberts DATE: 11/27/95 FROM: Jackie Rooney, Purchasing SUBJ: Attached is Tabulation of Bids for the Microfilm Bid which was opened on 11/20/95, and copies of the two bids received. I also placed a call to Kevin Snyder at Leahy and asked ~Jhy they did not submit a bid. A Gary Porter returned my call and said that they did not receive package. Their package was mailed to them on 10/27/95. I verified that the mailing address was correct. Their envelope has not been returned to me with an incorrect mailing address. Please review the tabsheet and forward your award recommend- ations. TABULATION OF BEDS - MICROFILMING SERVICES BID #96-07 The Dataplex Description: Microfilm Depot Corporation Building Plans And Site Plans Estimated .28 / .2875 / Annual Qty. $5,600.00 $5,750.00 2O,OO0 Delivery Time Pickup in 5 days Propose a regular~mon~hiy pick-up Return within of new work and return 45 days of completed work * Comments: None In case of staple or Fasterner removal, or sequence sorting, a prep charge of $7.80 /hr. Return of individual documents prior to job completion - $10.00 per delivery after 1st 3 del. Bldg. Permits, Receipts, Code Enl. Files, .031 / .03275 / Occupational $930.00 $982.50 Licenses, etc. Est,q'ty."30,'000 Delivery Time Pickup in 5 dyes Propose a regular monthly pick-up of Return within new work and return of completed work * 45 days Comments: None In case of staple or fasterner removal, or sequence sorting, a prep charge of $7.80 per hour. Return of individual documents prior to job completion will be charged at $10.00 per delivery, after 1st 3 deliveries. · Dates to be.mutually agreed upon by owner and Dataplex Corp. TO: Lula Butler, Community Improvement Director FROM: Sandy Roberts, Office Computer Specialist SUBJECT: Renewing Microfilm Contract with Microfilm Depot DATE: August 24, ~995 My recommendation regarding the attached is that we do not renew our contract with Microfilm Depot for another year. I have outlined my reasons below. 1. Even after spending time with their representative before they worked on the first job, showing them that we wanted as many documents per frame as possible, as stated in Section J.l.d of the Invitation to Bid, they failed to do this. I estimate conservatively, that there were more than 1/3 more jackets produced from this job than necessary. In addition, the numbering of the individual frames is inconsistent and even the sizing of the documents is inconsistent. 2. They are not returning all rolls in plastic boxes. 0nly the original roll is being boxed in plastic, the duplicate in a paper box. Section J.2.f states only plastic boxes. 3. The quality of the finished product is not very good on some 16MM roll film. The rolls from the Receipts/Permits job are all hazy along the top. 4. The numbering of the frames with the permit numbers has not always been correct. The company has re-done parts of some jobs, but I spend so much time dealing with them. They are given very detailed instructions, samples of past work, samples of box labels and they still can' t produce a product of the quality I would expect. It has gotten to the point that I have totally lost confidence with them, even to the extent of their filming all documents we send. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t SUBJECT: AGENDA ITEM # q-G. - MEETING OF JANUARY 9, 1996 REJECTION OF BIDS/GREENBRIAR DRIVE UTILITY IMPROVEMENTS DATE: JANUARY 5, 1996 This is before the Commission to consider rejecting all bids received for the Greenbriar Drive utility improvement project. Following receipt of the bids, the scope of the project was significantly reduced due to easement acquisition problems and budget constraints. The sanitary sewer portion of the project will be eliminated; and as it is more economically feasible, construction of the water main portion of the project will be completed by the City forces. Recommend rejection of all bids for the Greenbriar Drive Utility Improvements. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER,S'l SUBJECT: AGENDA ITEM # ~'~ ' - MEETING OF JANUARY 9, 1996 CONTRACT ADDITION (C.O. #2)/RAY QUALMANN MARINE CONSTRUCTION, INC. DATE: JANUARY 5, 1996 This is before the Commission to consider Contract addition (C.O. #2) and 15 calendar day time extension to Ray Qualmann Marine Construction, Inc. for seawall and retaining wall rehabilitation. The work includes installation of new batter piles and concrete cap at an existing deteriorated seawall on Island Drive at the Intracoastal Waterway, and additional channel excavation at the marina adjacent to the Casuarina seawall. Funding in the amount of $9,100 is available from the Seawall Construction Program (Account No. 334-3162-543-61.93). Recommend approval of Contract Addition (C.O. #2) to Ray Qualmann Marine Construction, Inc. for seawall and retaining wall rehabilitation. Agenda Item No. ~o ~. AGENDA REQUEST Date: January 3, 1996 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 9, 1996 Description of item (who, what, where, how much):Staff requests the City Commission to consider approval of a Contract Addition (C.O. #2) for $9,100.00 to Ray Qualmann Marine Construction, Inc. on the Seawall and Retaininq Wall Rehabilitation (Project No. 94-47). Also is a request for an additional fifteen (15) calendar day time extension to the Contract. The work includes an add for additional batter piles and cap at the existing deteriorated seawall at Island Drive at the Intracoastal; and an add for additional channel excavation at the marina adjacent to the Casurina seawall constructed as part of the original contract. The scope of work is itemized in more detail per Schedule "A" of this change order. Funding is available from account number 334-3162-543-61.93 (Seawall Construction Program) for $9,100.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff requests approval of a Contract Addition (C.O. #2) for $9,100.00 to Ray Qualm3~nn Marine C0n~r~J~Inc.. Also included is a request for aD/~ddi~nal f ~~~alendar day time extension to the Contra~/~/~ ,/~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds}: Funding available:(~NO Funding alternatives M/A ~ applicable) Account No. & Description ~-~f~-~-L/~ &/.97 ( c~$~ /~ Account Balance ~ ~l,g~' City Manager Review: ~/E'~'/NO ~-~/~l/~[~& Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: Howard Wight., Dep Dir Construction Divisi~ Date: January 3, 1996 Re: Seawall and Retaining Wall Rehabilitation Project 94-47 C. O. #2 Request - Miscellaneous Contract Addition Staff requests City Contmission to consider approval of a Contract Addition (C.O. #2) for $9,100.00 to Ray Qualmann Marine Construction, Inc. on the above referenced Project. Also included is a request for an additional fifteen 15) calendar day time extension to the Contract. The work includes an add for the installation of new batter piles (6 ea) and concrete cap (60 lf) at an existing deteriorated seawall adjacent to the Island Dr bridge just west of Andrews Ave (Exhibit A). The wall has ~bowed" out as a result of stormwater surcharge behind the wall in recent months. The structural integrity of the panels and pilings is still good. The installation of the batter piles and cap will rehabilitate the wall to its original condition. Additionally, weep holes will be drilled in the existing panels to allow future stormwater or tidal surcharge to dissipate. Also included is an add for channel excavation/dredging at the marina adjacent to the Casuarina seawall. The seawall was constructed as part of the original contract (Exhibit B). Sand buildup next to the wall has reduced the depth water at the adjacent boat slips limiting their use. The buildup occurred prior to construction. The scope of work is itemized in more detail per Schedule "A" of C.O. #2 attached. ~Funding is available from Acct No. 334-3162- 543-61.93 (Seawall Construction Program) for $9,100.00. CC : Dan Beatty, P.E., City Engineer William H. Greenwood, Director of Environmental Services Memos to City Manager File: memo9447.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER #2 PROJECT NO. 94-47 DATE: PROJECT TITLE: Seawall and Retaining Wall Rehabilitation TO CONTRACTOR: Ray Qualmann Marine 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: Miscellaneous contract addition as per attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $172,010.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 19,650.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $191,660.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 9,100.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $200,760.00 PER CENT INCREASE THIS CHANGE ORDER 5.3% TOTAL PER CENT INCREASE TO DATE 16.7% CERTIFIED STATEMENT: . I hereby certify that the supporting cost data included is, in my considered opinion, accurate. RAY QUALMANN MARINE CONSTRUCTION (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Service Department 334-3162-543-61.93 (Seawall Construction Program). DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By. William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk ISLAND DRIVE SEAWALL REPAIR ! CASUARINA CHANNEL EXCAVATION Project No. 94-47 Change Order #3 Schedule "A" .[ NO. DESCRiPtION UNlr f]TY. UN~r PRICE AMOUNT TOTAL 1 New Batter Piling (Island Dr) EA 6 $ 400.00 $ 2,400.00 2 New Pile Cap (Island Dr) LF 60 $ 70.00 $ 4,200.00 $ Channel Excavation (Casuarina) LS 1 $ 2,500.00 $ 2,500.00 TOTALS $ 9,100.00 NOT TO SCALE HARBOR DRIVE H. ND DRIVE BEACH DRIVE -- SEA I SPRAY CITY of DELRAY BEACH ISLAND DRIVE ]Sketch ENVIRONMENTAL SERVICES DEPARTMENT~ SEAWALL //1 434 SOUT]{ SFINTON AVENUE, DELRAY BEACH, FLORIDA 33444 (JO '~¢ r BAY BAY NOT TO SCALE i __ © I LANGER WAY '~ I , ~/4/~¢~.i~.L ' i CASUARINA ~ BUCIDA RD. Z _.1 -- ~ELALEUCA RD. CITY of DF, LRA¥ ]3F, ACH CASUARINA RD. MA:RINg Sketch ~e~.._ENVIRONMENTAL SERVICES DEPARTMENT~,~ #2 sov~ swr~roN Av~ur, Dr.u~y Dr~cs, ~oRmA ~ CHANNEL EXCAVATION £1T¥ DF I]ELRR¥ BER£H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/'243-7000 AII-AmericaCity ,,,,,, TO: City Commission ("/')TA~/O,~' ~nO-~ ~ FROM: David T. Harden, City Manager~;~t~ ~ /')7.~'. Sr~ ~//~$~r~-t'~ ~q) SUBJECT: Anchor Park Agreement On August 30, 1995, Palm Beach County forwarded to us an amended and restated lease agreement for Anchor Park. A copy of the cover letter is attached. This amended and restated lease was prepared in response to our request for a lease extension to accommodate construction of our new lifeguard headquarters in Anchor Park. This lease was presented to the City Commission and approved on September 19, 1995. Following execution of the lease by the Mayor, the documents were returned to Palm Beach County as instructed in the initial cover letter for consideration by the Board of County Commissioners. Subsequently, the County Attorney's office notified our City Attorney that page 3 of the amended and restate lease had to be revised to add "sexual orientation" to Section 4.04, the Non-Discrimination section of the agreement. The Assistant County Attorney indicated that this was necessary pursuant to Palm Beach County Resolution R-92~ 13, a copy of which is attached. Several issues should be carefully considered by the Commission in deciding what course of action we should follow. 1. Based on the City Attorney's research, if we enter into this lease the courts will interpret the lease as conferring benefits on third parties, who could then sue us for breach of contract. In other words, not only the county could sue us for breach of contract, but anyone who believed that the City had discriminated against them in anything related to Anchor Park, based on their sexual orientation, could sue the City. THE EFFORT ALWAYS MATTERS Printod on Recycled PaD~r City Commission Anchor Park Agreement January 5, 1996 Page Two 2. The lease language requires the City to "...assure and certify that it will comply with... Palm Beach County Resolution No. R-92-13..." The City Attorney and I are of the opinion that this language would require the City also to "...not conduct business with nor appropriate any funds for any organization that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, sexual orientation or disability." (Emphasis added.) Since it is the position of the Boy Scouts of America that "as an organization that stresses the values of family, we believe that homosexuals do not provide the proper role model for youth membership," our providing a free meeting place for the Boy Scouts could be called into question. Almost certainly we could not provide funding from the Federal Forfeiture Funds for the Boy Scouts, as we have in the past. There may be other organizations we support which also would violate this provision. 3. While the Assistant County Attorney states that the language added to Section 4.04 of the lease is pursuant to Resolution Ro92-13, imposition of the lease provision in fact goes far beyond what the resolution requires on its face. 4. Palm Beach County Resolution R-92~ 13 deals with a highly controversial and divisive issue. Yet this resolution was adopted on a consent agenda (attached) with no advertisement and no public debate. Now it is being imposed on other local governments in a most inappropriate manner such that it is unlikely to be noticed by the general public. City staff has tried for the last two months to get this matter resolved in some way at the staff level. We have been unable to do so. The Commission may accept the revised language in Section 4.04, or formally request the County Commission to approve the lease you approved on September 19, 1995, without the language regarding sexual orientation. I strongly recommend that the Commission formally request the County Commission to approve the amended and restated lease which you approved on September 19, 1995. To accept the revised lease will give other people additional grounds to sue us. We don't need more lawsuits. The revised lease would probably require us to cut off support to the Boy Scouts, as well as any other organization we presently support which discriminates based on sexual orientation. Finally, Resolution R-92-13 does not require adding this language to our lease. DTH/mld Attachment Board of Co.unty Commissioners County Administra Ken L. Foster, Chairman Robert Weisman Burt Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Facilities Planning, Design, Construction Depart--* Warren H. Newell Maude Ford Lee August 30, 1995 Susan Ruby, Esquire City Attorney City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: Anchor Park/Amended and Restate4 Lease Agreement with City of Delray Beach (Lessee) Dear Ms. Ruby: In response to the City's request to locate its lifeguard headquarters at Anchor Park and to extend the term of its Lease with the County, we are submitting the above-referenced Agreement for your review. This Agreement amends and restates the City's current Lease (R78- 941) in its entirety, thereby updating the terms and conditions for the City's extended use of the Property to .current County standards. If this Agreement is acceptable please arrange for the execution of the three originals enclosed and the return of same to me. Upon receipt I will schedule this matter for consideration by the Board of County Commissioners. Please do not hesitate to contact me if you require any additional information. Real Estate Specialist en¢ [ c: ,oss c...ring. Oir tor. ,,E. ::" AU6 3 I {995 E[tie B. Hair,in, Assistant Cowry Attorney il!~ '. Tim Grano~itz, Parks & Recreation d"~. · Pro~ect FiCe { ruby. ~et "An E~ual Oppo~nJ~ - Affi~afive Action Employer' 33~ ~e]vedere Road, 6=J]dJn; 503 W~t Pa%m Beach, ;%oHda 3~06 (~7) ~~ Adm. ~: ({07) ~6 ~;em. ~: (~7) ~3~Zl0 CID ~: (407) nuHOLVTXOH O~" THE BOARD 0]' COUI~Y ORX~X~ ~ DZBNBZLZ~. ~~ ~e 8oar~ ~f county Co~BSionerm of Palm mace, ~lor, ~at~0nml origin, religion, ancm~t~, aec, age, mari~a] l, It 18 hereb~ the e~r~sS policy of ~e Board oJ cowry Co~is~ioner~ Of palm Bea~ County, Florida thnt Palm ~l for a~y organization =~ ~rac%lces dincrimina~ion on th ~4, ~tal ~tUl, sepal Orientati~n or ~e fore~Qlng ReSOlU=iOn ~m offered by Co~iasionez Foazer who mo~d its ad~tion. ~e motion was ~ T. ~R~ dye ~0~ PHZLLIPS aye ~e ~air thereu~n deolared t~e renolution duly pae~ L~AL S~CI~cY ~o ~' CO~ TOTAL F'. OZ CCT-I?-i?~5 16:36 PALI'"I BEACH F'ARh::S iS, EiEC 40¢E, 422E, 40 P.02 AG~DA Z~ C~iI~I~I on N~ Xg, Xgg~. Bo~d to o'~ill tCI~ · ~li~ ~ ~ Co~ Will not da ~tn~m Vi~ ~ a~l~m ~ ~ ~ ~lte Or private b~fl pim~ ~ ~ l~l ~~n~l. ~m ~d of C~Cy 3. COHiBM~ &OIIID]~ c. lMoxnnxMo i ~LXe ~m (Continued) gtsff rooo~en~ motion to adopts Resolution declaring ~e ac~lsi~lon of right-of-way and a detention ~nd ~e hprov~n~ of ~ R~d from ~allis Road ~Xvodo~o Road~ Pa~coXI 3~ 7~ 8~ 10; 11~ X7~ 18~ 19~ 21~ and ~l ~o ~ a p~lic necessity, au~orize ~e uplo~en~ or appraisers a~ au~orize ~e filing o~ hXnen~ ~ain ~eedXng.. S~YI ~io initiates hinen~ ~nin ~oce~i~o again.~ ~en parcels whose apprai.~ value ~o~al. $883,90~. (PM) Dil~ric~ 6 (Companion X~u 3G-20) iT. staff rooononds ms,ion to mpprove8 ~ Xn~erl~aX g~e~en~al a~e~en~ vi~ ao~ Palm ~ach Heights Wa~er Con, roi DXI~FX~ conceding ~e cono~c~ion of Heights ~uleva~ (~ Old Central ~ulevard) from Diamond ~o ~slie S~ree~. I~Yz On March 12, X99~ an in~erX~al agreenen~ vas approved obliga~ing ~he DXo~FXc~ ~o con8~c~ Heights ~ulevard ~o a~ ~vo lane section in o~er ~o Bee~ con~rren~ ex~p~ion conditions of approval. ~e ~is~ric~ re~es~ ~he Co~W pa~icipa~e in ~is cons~ion in ~e ~ of $58~000. On Au~s~ 20~ 1991 ~e ~a~ of Cm~soioners app~ a budge~ ~ranafer Xn ~e ~o~ of $58,000 ~o r~ ~is re~es~. ~Xa A~eemen~ ~ necessaw ~o es~lioh ~i. ~an~ and ~e pre,urea for ~e ~ransfer of ~eae f~. (~) ~ 8~af~ reoouondo ms,ion to &pUrsuer A ~esolution o~ ~e ~ard Of Co~y Conissioners of Palm ~ach Florida, es~lishing ~e ~lX~ ~ha~ Palm ~ach Co~y shall no~ do business vX~ nor appropriate f~ds for any p~lXc o~ private o~aniza~Xon which practices discrimination on ~e ~sio or race, color, national origin, religion, ances~w, s~, age, marital s~a~us, sepal orien~tion or dis~ilit~. 8~ls resolution vas prepared at ~e direction of ~e ~ard of Cowry Coaissioners on Nove~r 19 ~ 1991. (~) 2. ~tirr rooononds ~otion to 8pprovet Final settlenent~ exclusive of atto~ey's fees and costs~ tn ~e total s~ of $32,000 in ~e uinent donain case of ~ County yt Continental Ava~nts. et al.. Case Ho. C~ 90-6166-A0; Parcels 130 A&B ~d lll A&B~ ~o~ect Ho. 87516/87545I ~ ~ch R~d to ~ Road. ~e pro~y ~en vas tvs strips of land ~rderiN ~e 9olf course at ~e Fo~iM ~ includ~ a la~sca~ buffer~ a fon~ a~ ~ion of a golf =~ ~. ~e settl~t represents $4 ~ 100 ~er ~e apprais~ value of $27~900 for ~l~tion of trees and golf ~ ~ ~ is reconend~ by this office for approval. (P~) 7 2-A-7 127 CITY DF DELRIIY BEIIgH ? DELRAY BEACH DATE: October 26, 1995 1993 TO: David Harden, Ci~ M~ager Joe Weldon, Dkector of Parks and Recreation FROM: Susan A. Ruby, City Attorney SUBJECT: Anchor Park Agreement Assistant County Attorney Ellie Helperin has faxed me a revised Page 3 of the Anchor Park Agreement, which includes sexual orientation as a basis for non-discrimination. Ms. Helperin indicated that pursuant to Resolution 92-13, the County Commission will only approve the Agreement as modified. Ms. Helperin indicated that the County Commission will act on the modified agreement at their meeting of November 7, 1995. Please place the agreement, as modified, on the next City Commission agenda for approval. Attached please find a copy of Resolution 92-13, a revised Page 3 of the Agreement and the original Agreement as previously approved by the City Commission. Attachments anchor3.sar P,',ted ~,,,~ F~e(?y~:/ed P,ape,~ applicable govezxunental authorities, now in £orca, or which may hereafter be in ~orca, pe~aining to bsseo, its ~t of ~e P~lges. or ~e P~lsea g~eFally. 0oa~on 4.0A ~n-DAoorA~na~Aon. ~ of ~e Civil Rights Ac~ or 1~64, as o~od, and Palm Beach ~y Resolution No.. R-92-13 and ~all no~ dAs~ina~e agains~ anM individual on ~o*baoi~ o~ ~otr race, oolor~ national o~tgtn~ 'zeligLon, ances~, s~, age, na~al l~a~us, a~al orientation dis~ili~y vi~h respec~ ~o any ac~Avi~y o~ing on ~e ~Xses. ~ssee r~er agrees ~a~ all ~acA1A~ies l~a~ bn ~e P:~lses shall Me open to ~e general p~li= ~d shell be avail~le ~or use bM ~e general p~lio on ~e s~e basle as'Feaidan~s o~ ~e Ci~ ~XraM Bea~. Sea~Aon 4.0s I~Eeadlr o~ ~cel~lel. Upon ~e~naCion or e~iFa~ion or ~is ~ase, ~ssee shall ~emove ~ssee' s personal pFope~y and ~mov~le ~ix~uFes and e~ipmen~ ~ ~e Premises and shall 'S~FendeF ~e P~ises to ~ssor in the s~e ~ondition ~e ~emiso~ were in as o~ Co~eacemen~ ma~e o~ ~ls ~ase, reasonable wea~ and ~ear excepted. Upon surrender o~ ~e Premises, ~A~le ~o any and all 'Alterations shall Feve~ ~o ~SSD~ shell not be obligated or re,iced to ~ke or conduct any maintenance or re,size whatsoeve~ ~o ~e ~lses. All portions of the Premises, amd' all Alte~ati'ons constructed on the .' P~emises, shall be maintained amd'~ept In good ~opaiF and by ~ssee at ~ssee's sole cost and expense. " ~eraonal ~roper~y. All Alterations and pe~sonal prope~y o~ ~ssee shell z~ain ~he prope~y of ~e ~ssee a~ ~ssee's sole risk for ~he Te~ ~his ~ase. ARTXCLB ~X Section S.0X LA~IXtT insurance. ~ssee shall, duEin~ the enkire Te~ 'hereoE, provide ~ssor wi~ a ce~ificate evidencing self-insurance coverage compr~ensiva general liabill~y in ~e amount o~ eX00,000 person and $2o0,000 per incident or occurrence. Xn ~e even~ the ~gislakure should change the ~ssee*s ~osure by Skatute above or below the suns insured against, ~e ~ssee shall pr~lde insurance to ~e ex~en~ o~ ~t e~osure. aoctAon e.0z Xnd~fiea~Aon. ' ~ssee s~ll, to the extent pe~ikt6d by levi ind~i~M and save ha~loss the ~ssor Iron and against any and all cleans, suits, actions, damages and/or causes o~ action arisi~ during the Tim o~ this Mast ~or anM personal in~U~, loss sC li~e and/or damage ~o properky sustained in sc ~out ~e Praises bM reason or as a result o~ ~e use and oc~pan~ or ~e Pr~iseg bM ~e general p~lic and by ~e ~ssee, i~s agents, oployees, lic~sees and invitees, and fr~ and agains~ any o~o~a, j~geaants, and/or decrees which nM be entered ~e~on, ~d ~ron and agains~ costs, a~o~eM fees, e~nses and li~iXi~les inc~Fed ~n abou~ ~he defense o~ any such clah. No~i~ herein shall cons~i~u~e a velvet of ~e soveze~gn ~i~Y or el~eF palM. TOTI:~ p.~4 10/26/95 TI~U 11:56 [TX/l~ NO 8079! PALM BEACH COUNTY AMENDED ~ND RESTATED LEASE A~REEMENT between PALM BEACH COUNTY (Lessor) and THE CITY OF DELlqAY BEACHt FLORID~ (Lessee) TABLE OF CONTENTS ~RTIOLE I BASIC LEASE PROVISIONS Section 1.01 Premises ...................................... 1 Section 1.02 Length of Term and Commencement Date .......... 1 ARTICLE II RENT Section 2.01 Annual Rent ................................... 1 Section 2.02 Aesessments ................................... 1 ARTICLE III CONSTRUCTION OF LEASED PREMISES Section 3.01 Acceptance of Premises by Lessee .............. 2 Section 3.02 (a) Lessee's Work ................................. 2 (b) Alterations ................................... 2 ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE Section 4.01 Use of Premises ............................... 2 Section 4.02 Waste or Nuisance ............................. 2 Section 4.03 Governmental Regulations ..... · ................. 2 Section 4.04 Non-Discrimination ........ . .................... Section 4.05 -Surrender of Premises ......................... 3 ARTICLE ¥ REPAIRS ~tND MAINTENANCE OF PREMISES Section 5.01 Responsibility of Lessor and Lessee ........... Section 5.02 Responsibility of Lessee Regarding Alterations and Personal Property ........................ 3 ARTICLE VI INSURANCE AND INDEMNITY Section 6.01 Liability Insurance ........................... 3 Section 6.02 Indemnification .............................. 3 ARTICLE VII DESTRUCTION OF LESSEE~S ALTERATIONS Section 7.01 Damage or Destruction by Fire, War or Act of God ................................. 4 ARTICLE VIII UTILITIES ..................................... 4 ARTICLE IX ASSIGNMENT ]~ND SUBLETTIE~ Section 9.01 Consent Required .............................. 4 ARTICLE X DEFAULT OF LESSEE Section 10.01 Events of Default ............................. 4 Section 10.02 Waiver, Accord and Satisfaction ............... 4 ARTICLE XI QUIET ENJOYMENT Section 11.01' Lessor's Covenant ............................. 5 ARTICLE XII MISCELLANEOUS Section 12.01 Entire Agreement .............................. 5 Section 12.02 Notices ....................................... 5 Section 12.03 Brokers Commission ............................ 5 Section 12.04 Severability .................................. 6 Section 12.05 Captions ...................................... 6 Section 12.06 Recording ..................................... 6 Section 12.07 Liability of Lessor ........................... 6 Section 12.08 Waiver of Jury Trial .......................... 6 Section 12.09 Governing Law ................................. 6 Section 12.10 Time of Essence ................................ 6 Section 12.11 Benefit and Binding Effect .................... 7 Exhibits Exhibit "A" Legal Description of Lessor's Property ........ 8 Exhibit "B" Site Plan ..................................... 9 AMENDE~ AND RESTATED LEASB AORBBMBNT THIS AMENDED AND RESTATED LEASE AQREEMENT, made and entered into this day of , 1995, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "Lessor" and the CITY OF DEI~RAY BEACH, a ~lorida municipal corporation, hereinafter referred to as "Lessee". WITNEHHETH~ WHEREAS, Lessor is the owner of certain real property in Palm Beach County, Florida, commonly referred to as Anchor Park, as said property is legally described in Exhibit eta" attached hereto and by reference made a part hereof (the "Property")~ and WHEREAS, Lessor and Lessee entered.into a 'Lease Agreement dated August 1, 1978 under Resolution No. R75-941 (the "Initial Lease") for LesseeSs use of the Property as a beach support facility for the Delray Public Beach~ and WHEREAS, the parties desire to enter into this Amended and Restated Lease Agreement to allow Lessee to locate its lifeguard headquarters on the Property and to extend the term of the Initial Lease. NOW THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth, the parties hereby amend and restate the Initial Lease in its entirety upon the terms, covenants and conditions hereinafter set forth. ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, the Lessor demises and leases to the Lessee, and Lessee rents from Lessor, the real property legally described in Exhibit "A" attached hereto, together with improvements located thereon, as depicted on the Site Plan attached hereto as Exhibit "B" (the "Premises"). Section 1.02 Length of Term and Commencement Date. The term of the Initial Lease commenced on the first day of August, 1978 and was to expire on July 31, 2008. The term of this Amended and Restated Lease Agreement shall commence upon the full execution of this Lease (the **Commencement Date**) and shall extend for a period of thirty-eight (38) years thereafter, unless earlier terminated pursuant to the terms hereof (the "Term"), ARTICLE II RENT Section 2.01 Annual Rent. Lessee shall pay Lessor for the use and occupancy of the Premises an annual Rent of One Dollar ($1.00), payable on the Commencement Date and each subsequent anniversary thereof. Rent shall be made payable to the Palm Beach County Board of County Commissioners and shall be delivered annually in advance to Palm Beach County Finance Department Revenue Section, P.O. Box 4036, West Palm Beach, Florida 33402. Section 2.0a Assessments. During the Term of this Lease, Lessee shall pay before delinquency all assessments which may be levied by any governmental authority against the Premises or Lessee*s Alterations constructed on the Premises. 1 ARTICLE CONSTRUCTION OF LEASED Section 3.01 Acceptance of Premises b~ Lessee. Lessee certifies that Lessee has been in possession of the Premises since August 1, 1970 and accepts same "As Is", in its existing condition as of the Commencement Date of this Lease. No repair work, alterations, or remodeling of the Premises is required to be done by Lessor as a condition of this Lease. Section 3.02 (a) Lesseets Work. Lessee agrees, to perform at its own cost and expense all work which is necessary to fully equip and maintain the Premises for the lawful use of the Premises as specified in Section 4.01 of this Lease. (b) Alterations. Any installation, alteration, improvement, addition, or modification to the Premises by the Lessee (hereinafter collectively referred to as "Alterat[ons"), the value of which exceeds Twenty Five Thousand Dollars ($25,000), shall require the prior written consent of Lessor in each instance. Lessee shall submit detailed plans and specifications for all such Alterations to the Director of Palm Beach Countyts Parks and Recreation Department for Lessor's written approval prior to Lessee commencing work on same, which approval shall not be unreasonably withheld. The Director shall use due diligence in reviewing the plans. Lessee agrees and acknowledges that all Alterations, whether pursuant to this Section or otherwise, are performed and accomplished solely for the benefit and convenience of Lessee, and not for the benefit of Lessor, such Alterations being nevertheless subject to each and every provision of this Lease. All work done by Lessee in connection with any Alterations,. repairs and maintenance on the Premises shall be done in a good and workmanlike manner and shall be diligently prosecuted to completion strictly in accordance with the plans and specifications therefor. ARTICLE IV CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE Section 4.01 Use of Premises. Lessee shall use the Premises solely and exclusively to provide for the continued availability of additional beach parking and as a beach support facility for public use. In addition, Lessee shall have the right to locate the City of Delray Beach's lifeguard headquarters on the Premises. Lessee shall not use, permit or suffer the use of the Premises for any other purposes whatsoever without the prior written consent of Lessor. Section 4.02 Waste or Nuisance. Lessee shall not commit or suffer to be committed any waste upon the Premises or any nuisance or other act or thing which may result in damage or depreciation of value of the PremSses or which may affect Lessor's fee interest in the Premises. Lessee shall not use, maintain, store or dispose of any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents used or produced in Lessee's operations on the Premises in any manner not permitted by law. All refuse is to be removed from the Premises at Lessee's sole cost and expense and Lessee will keep such refuse in proper fireproof containers on the interior of the Premises until removed. Lessee will keep the access to the Premises, the parking areas and other contiguous areas to the Premises free and clear of obstruction. Lessee, at its sole cost and expense, will keep the Premises free of rodents, vermin and other pests. Section 4.03 Governmental Regulations. Lessee shall, at Lessee's sole cost and expense, comply with all ordinances, laws, statutes and regulations promulgated thereunder of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to Lessee, its use of the Premises, or the Premises generally. Section 4.04 Non-Discrimina~ion. · Lessee shall assure and certify that it will comply with Title IV of the Civil Rights Act of 1964 (PL 88-352) and, in accordance with that Act, shall not discriminate against any individual's race, color, creed, sex, national origin, age, handicap, or martial status with respect to any activity occurring on the Premises. Lessee further agrees that all facilities located on the Premises shall be open to the general public and shall be available for use by the general public on the same basis as residents of the City of Delray Beach. Section 4.05 Surrender of Premises. Upon termination or expiration of this Lease, Lessee shall remove Lessee's personal property and removable fixtures and equipment from the Premises and shall surrender the Premises to the Lessor in the same condition the Premises were in as of the Commencement Date of this Lease, reasonable wear and tear excepted. Upon surrender of the Premises, title to any and all remaining Alterations shall revert to Lessor. ~RTICLE V REPAIRS AND HAINTENANCE OF PREMISES Section 5.01 Responsibility of Lessor and Lessee. Lessor shall not be obligated or required to make or conduct any maintenance or repairs whatsoever to the Premises. Ail portions of the Premises, and all Alterations constructed on the Premises, shall be maintained and kept in good repair and condition by Lessee at Lessee's sole cost and expense. Section 5.02 Responsibility of Lessee Regarding Alterations and Personal Property. All Alterations and personal property of Lessee shall remain the property of the Lessee at Lessee's sole risk for the Term of this Lease. ~RTICLE ¥I INSURANCE AND INDEMNITY Section 6.01 Liability Insurance. Lessee shall, during the entire Term hereof, provide Lessor with a certificate evidencing self-insurance coverage, for comprehensive general liability in the-amount of $100,000 per person and $200,000 per incident or occurrence. In the event the Legislature should change theLessee~s exposure by Statute abpve or below the sums insured against, the Lessee shall provkde insurance to the extent of that exposure. Section 5.02 Indemnification. Lessee shall, to the extent permitted by law, indemnify and save harmless the Lessor from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the Premises by the general public and by the Lessee, its agents, employees, licensees and invitees, and from and against any orders, judgements, and/or decrees which may be entered thereon, and from and against.all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. Nothing herein shall constitute a waiver of the sovereign immunity of either party. ARTICLE VIZ DEBTRUCTION OF LEBSEE~B ALTEI~TIONS 7,0X D~ege or Destruc%ion b~ Fire, War or Act of God. In the event any of~esseets Alterations shall be destroyed or .so ~amaged or injured by fire or other casualty during the TeN of this Lease, the Ldssee shall commence restoration thereof within one hundred twenty (120) days and thereafter diligently pursue the restoration to completion. Notwithstanding the foregoing, in the event of any such casualty, Lessee shall have the right, to be exercised in its sole discretion, to terminate this Lease. In the event Lessee elects to terminate this ~ease, Lessee shall first place the Premises in a safe and sightly condition and shall at the request of the Lessor remove any improvements which are materially damaged. ARTICLE VIII UTILITIES Lessee shall be solely responsible for and promptly pay directly to the utility company or other provider of such service all charges and assessments for water, gas, electricity, trash collection and removal or any other utility used or consumed on the Premises. In no event shall Lessor be liable for an interruption or failure in the supply of any such utilities to the Premises. ARTICLE IX ASSIGNMENT AND SUBLETTING Section 9.01 Consent Required. Lessee may not assign, mortgage, pledge or encumber this Lease in whole or in part, nor sublet all or any portion of the Premises, without prior written consent of Lessor. ARTICLE X DEFAULT OF LESSEE Section 10.01 Events of Default.. The occurrence of any one or more of the following shall constitute an Event of Default by Lessee under this Lease: (i) Lessee shall fail to perform or observe any of the agreements, covenants or conditions contained in this Lease on Lesseets part to be performed or observed and such failure shall continue for more than thirty (30) days after notice from Lessor~ (ii) Lessee shall vacate or abandon the Premises~ or (iii) Lessee~s leasehold estate shall be taken by execution, attachment or process of law. If any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Lessor shall have the right to give Lessee notice that Lessor intends to terminate this Lease upo~ a spegified date not less than three (3) days after the date notice is received by Lessee, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration ~ate of the Term of this Lease. If, however, the default is cured within the three (3) day period and the Lessor is so notified, this Lease will continue. section 10.02 Waiver, Accord and 8atisf&otion. The waiver by Lessor of any default of any term, condition or covenant herein contained shall not be a waiver of such term, condition or covenant, or any subsequent default of the same or any other term, condition or covenant herein contained. The consent or approval by Lessor to or of any act by Lessee requiring Lessor~s consent or approval shall not be deemed to waive or render unnecessary Lessor's consent to or approval of any subsequent similar act by Lessee. 4 ARTICLE XI QUIET ENJOYMENT Section 11.01 Lessorfs Covenant. Upon payment by the Lessee of the Rent and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on Leseee~s part to be observed and performed, Lessee shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised without hinderance or interruption by Lessor or any other person or persons lawfully or equitably claiming by, through or under the Lessor, subject, nevertheless, to the terms and conditions of this Lease. ARTICLE XII MISCELLANEOUS Section 12.01 Entire ~greement. This Lease and any Exhibits attached hereto, constitute all agreements, conditions and understandings between Lessor and Lessee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. Section 12.02 Notices. Any consents, approvals and permissions by the Lessor shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and mailed prepaid by certified mail return receipt requested, addressed= (a) If to the Lessor at: Property and Real Estate Management Division Attn: Ross C. Hering, Director 3323 Belvedere Road, Building 503 West Palm Beach, FL 33406 with a copy to: Parks & Recreation Department Attn= Dennis Eshleman, Director 2700 Sixth Avenue So. Lake Worth, FL 33461 Palm Beach County Attn: County Attorney 301 North Olive Avenue West Palm Beach, FL 33401 (b) If to the Lessee at: City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 or at such address as the Lessor or the Lessee, respectively, may designate in writing. All notices given hereunder shall be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date as the postal authorities shall show the notice to have been delivered, refused, or undeliverable, as evidenced by the return receipt. Section 12.03 Brokers Commiss~on. The parties hereto represent and warrant to the other that there are no claims for brokerage commissions or finders fees in connection with the execution of this Lease, and agree to indemnify, defend and save the other harmless from all liabilities arising from any such claim including, without limitation, the cost of counsel fees in connection therewith. Section 12.04 Se~erability. If any term of this Lease, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each term of this Lease, shall be valid and enf0rceable to the fullest extent permitted by law. Section 12.05 Captions. The captions in this Lease are included for ~onvenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. Section 12.06 Recording. Lessee shall not record this Lease, or any memorandum or short form thereof, without the written consent and joinder of Lessor. Section 12.07 Li&bility of Lessor. Lessee shall look solely to the estate and property of the Lessor in the Premises for the collection of any Judgment, or in connection with any other judicial process, requiring the payment of money by Lessor in the event of any default by Lessor with respect to any of the terms, covenants and conditions of this Lease to be observed and performed by Lessor, and no other property or estates of Lessor shall be subject to levy, execution or other enforcement procedures for the satisfaction of Lessee's remedies and rights under this Lease. Section 12.08 Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either of the parties hereto against the other, in connection with this Lease. Section 12.09 ~overning Law. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County. Section 12.10 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. (INTENTIONALLY LEFT BL~NK) Section 12.11 Benefit and Binding Effect. This Lease shall be binding upon and inure to the benefit of the legal representatives, successors and permitted assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the day and year first above written. PALM BEACH COUNTY, FLORIDA, A ATTEST: POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Dorothy H. Wilken, Clerk By: By: Deputy Clerk Chai~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney ATTEST: LESSEE: CITY OF DELRAY BEACH, FLORIDA City Clerk '-' M~6r APPROVED AS TO FORM H :m.r\egremmt \ar~chor. del - EXHIBIT DE~CR~IPT'rON OF LE~8OR~ PROPERT~ Parcel 1: The South Seventy-nine and four tenths feet (S 79.4') of Ocean Beach Lot Thirty-one (31), fronting on Ocean Boulevard, City of Delray Beach, Florida, lying and being in the fractional East one-half of Section 16, Township 46 South, Range 43 East, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, page 25. PCN: 12-43-46-16-22-031-0010 Parcel 2: The North 80 feet of Beach Lot 31 and the South 1 foot of Beach Lot 30, in the City of Delray Beach (formerly Linton), Florida, according to Plat thereof on file in the office of the Clerk of the Circuit Court of Palm Beach County, Florida, recorded in Plat Book 1, page 25. PCN: 12-43-46-16-22-030-0020 Parcel 3: The North 100 feet of Beach Lot 32, Plat of Fractional East Half of Section 16, Township 46 South, Range 43 East, according to the plat thereof on file in the office cf the Clerk of the Circuit Court in and' for Palm Beach County, Florida, recorded in Plat Book 1, page 25. PCN: 12-43-46-16-22-032-0010/0020 M E M 0 R A N D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: VACANCIES ON THE CODE ENFORCEMENT BOARD DATE: JANUARY 3, 1996 The term of Tim Onnen, regular member, will expire on January 13, 1996. According to the records located in the City Clerk's Office, Mr. Onnen is not eligible for reappointment since he has served two (2) successive terms of office from January 1, 1990 through January 13, 1996, plus a partial term from January 10, 1989 to January 14, 1990. Mr. Onnen is a businessperson serving in the capacity of a layperson. David Henninger, alternate member, is a businessperson serving in the capacity of a layperson. His term expires in January 13, 1996. He is eligible for reappointment. He would like to be considered for reappointment as well as for the position of regular member, layperson. The three-meeting rule does not apply to alternate members. However, attendance records are attached. Each term is for three (3) years, ending January 13, 1999. Ail members must be residents of the City. Appointments to both regular and alternate member positions shall be on th basis of experience or interest in the fields of zoning and building control. The following persons have also applied: Martin Bellsey Richard Brautigan David Cohen David Henninger - incumbent, alternate member Barbara Holden Sidney Soloway Anthony Veltri Stanley Watsky Pursuant to Commission direction, a check for municipal liens and code violations was conducted. None were found. The appointments will be made by Commissioner Smith (Seat #1) for the regular member, layperson, and Commissioner Alperin (Seat #2) for the alternate member, layperson. Both terms will end January 13, 1999. However, Commissioner Alperin wishes to postpone his appointment of an alternate member on the Code Enforcement Board to the City Commission meeting of Tuesday, Janaury 23, 1996. Recommend appointment of one (1) regular member, layperson, to a three-year term ending Janaury 13, 1999. CODE ENFORCEMENT BOARD 1995 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec James Griffis Ex/P P/P P/P P/A A/P P/P P/P A/A A/P A/P P/P P John Goodman P/P P/P P/P P/P A/P P/P P/P A/? P/P ?/A P/P P Richard Eckerle P/P P/E p/p P/A P/P P/P P/P P/P A/P P/P P/P A Tim Onnen 'P/P P/E P/P P/P A/P p/P P/P P/P P/P P/P P/P A Athalone Brailford Ex/P P/P P/P P/A P/P A/A P/A P/P P/P P/P' P/P P ~ Beril Kruger P/Ex P/Ex P/P P/P P/A P/P A/P P/A P/P P/P A/P P JoAnn Peart P/P Ex/P P/P P/P A/P P/P P/P P/P A/P P/P A/P P Alternates David Henninger P/Ex P/Ex Ex/Ex A/A A/A A/A A/A A/A P/A A/A A/A A Chris Stray (appnt 11~ 95) A A CODE ENFORCEMF2~T BOARD 1994 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Tim Onnen P/P P/P P/P P/P Ex/P P/P P/P Ex/P P/P P/P ~p p William Stone P NOT REAPi'OINT]D John Goodman P/P P/El P/P P/P P/P Ex/P P/P P/P P/P p/p ~p P Joel Port P/P Ex/P P/P Ex/P Ex/P P/Ex Ex/E::Ex/E Ex/P P/P ~E E Susan Gracey P/P P/P P/P res:gned Richard Eckerle p/p P/P P/P P/P P/P P/P. P/P P/P P/~ P/P E/E P Beril Kruger P/P Ex/P P/P P/P P/P P/P P/P P/P P/P E/P P/P P Athalone Brailford app ,/94 P P/P P/P!~ E/E P/P P/P E/E E/E P James Griffis P P/P P/P P/P P/Ex P/P.' P/P P/P P/E P/P P/P P ALTERNATE David Henninger E/E E/E E/E E/E E/E E atten.doc Mr. Port was on vacation during the summer and was excused by the Chairperson. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME David L. Henninger 602 Sunshine Drive. De]rmv R~h Pl 33444 HOME ADDRESS (Street, City, ZiP Code)-(-LEGAL RESIDENCE) 1Ol S. ConQremm AvPn]~P_ Delrav Beach: FI 33445 PRINCIPAL BUSINESS ADDRESS (S~reet, C~ty, Zip Code) HOME PHONE 27~-9069 BUSINESS PHONE 278-5232 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Code EnfQ~ement : SPRAB LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) Construction Appeals 1983-86 approximately EDUCATIONAL QUALIFICATIONS . Stanahan High Sehnn] ~ w~ T.ml~r~ml.e 1962 Florida Atlantic Univ. ~BA 1972 Certificate USAF Air University ]967 LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD State Class A Air Condikioning l.~m GIVE YOUR'PRESENT, OR MOST RECENT EMPLOYER, AND POSITION President~ Van's Comfortemp Air Conditioninq Inc. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON ~IS BOARD 8 vearm USAF: B~]~n~ ~wn~r ~ manager of Directors Delray Exchanqe ~%u~, Pas~ Chairman Rd_ Of COr~ee ApPeals, President Lakm Ida Pr~p~r~y ~wnmr~ A=egC- PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. 4/90 M E MO RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~l~/l SUBJECT: AGENDA ITEM ~ ~ - MEETING OF JANUARY 9, %996 LIFE INSURANCE INCREASE PROPOSAL DATE: JANUARY 5, 1996 Attached is information concerning a proposal to increase the life insurance values for City employees. I recommend that this increase be approved effective immediately for all non-bargaining unit personnel with the understanding that extending the benefit increase to bargaining unit personnel will be considered in the context of contract negotiations. ref:agmemo8 MEMORANDUM TO: David T. Harden, City Manager FROM: Edward J. Gusty, Human Resources Director SUBJECT: LIFE INSURANCE INCREASE PROPOSAL DATE: January 5, 1996 The Risk Management proposal to increase the life insurance values is the first such revision proposal in over ten years. The unions, representing certain city employees, have repeatedly requested increases in the face value of the current insurance, claiming that other jurisdictions in governments and the private sector provide more coverage. The Life Insurance benefit is considered universal in its application and the City has resisted any change via the collective bargaining process. A recent survey by the Public Employees Personnel Information Exchange (PEPIE - Fall 1995) indicates that our current coverage would be considered low and not competitive. The survey covered twenty four (24) jurisdictions in Southeast Florida from Palm Beach Gardens to Ft. Lauderdale. Twenty two employers provide the life insurance benefit, and thirteen (52%) provide a benefit that equals one or two times the annual salary. The remaining jurisdictions provide face values that vary with salary levels or are considered uniform for all employees. Acceptable standards for face value consideration of the life insurance benefit may range from one to as high as three times an annual salary. We believe this proposal covers adequately and fairly, all city employees, when considering the organizational responsibilities and is competitive with the above mentioned study. Additionally, the universal benefit is considered for adjustment outside the realm of collective bargaining and we would recommend approval. MEMORANDUM To: David T. ltarden, City Manager From: Joseph M. ~a ~nce Director Date: J~ua~ 4, 1996 Subject: Life ~surance Proposal Funding The Risk Management Division recently submitted a proposal to your office to revise the life insurance values for employees as follows: · $80,000 for City Manager, Assistant City Manager, City Attorney, and Department Heads · $60,000 for Assistant Department Heads and Division Heads to include Battalion Chiefs and Police Lieutenants · $40,000 for other employees earning over $25,000 in salary · $25,000 for other employees earning under $25,000 in salary The total cost for this coverage would be $109,914 on an annual basis. Our present life insurance cost is $69,980.00 for the following coverages: · $ 30,000 in coverage for employees earning over $25,000 in salary · $ 20,000 in coverage for employees earning under $25,000 in salary · $ 15,000 in coverage for Police sworn personnel and Firefighter ,qhift personnel The difference in cost is $39~934.00 on an annual basis as shown in the attached worksheet. Our present health insurance experience has been better than anticipated by our carder and, instead of issuing a 13% increase in February of 1996, they therefore are offering the City a 6.8% increase. If our budgeted rates remain the same, the cost savings would be a total of $87,796 on an ammal basis. This savings could be used to fund the new life insurance proposals. Please see the attached pro formas which detail the revenues and costs using the 13% rate increase (budget) to the 6.8% increase. Please contact this office if any further i~fformation is required to prepare this kent for the January 9th agenda. encl: Pro Forma (13% increase) Pro Forma (6.8% increase) cc: Lee Graham, Risk Management Officer Edward Gusty, Human Resources Director Health Insurance Budqet 1995-96 Pro Forma (Employee Unit Rate Adjusted) REVENUE Rate Monthly Annual Category # of units Per month Revenue Revenue Employee Units 684 206.10 140,972 1,691,669 Dependent Units 150 250.50 37,575 450,900 Retired Employees 41 185.11 7,590 91,074 Retired Dependent Units 13 250.50 3,257 39,078 Total Revenue 2,272,721 EXPENSE Rate Monthly Annual Category # of units Per month Expense Expense 10/1/95-1131196 Employee Units 684 185.87 127,135 508,540 Dependent Units 150 254.56 38,184 152,736 Retired Employees 41 185.87 7,621 30,483 Retired Dependent Units 13 254.56 3,309 13,237 704,996 2/1/96-10131196 (6.8% rate increase) Employee Units 684 198.51 135,781 1,086,247 Dependent Units 150 271.91 40,787 326,292 Retired Employees 41 198.51 8,139 65,111 Retired Dependent Units 13 271.91 3,535 28,279 1,505,929 Premium Tax Agreement Credit -26,000 Total Expense 2,184,925 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # /O A - MEETING OF JANUARY 9, 1996 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 81-95 (SMALL SCALE FLUM AND REZONING FOR SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE DATE: JANUARY 5, 1996 This is second reading and public hearing for Ordinance No. 81-95 which changes the Future Land Use Map designation from Transi- tional to General Commercial and rezones a vacant 0.68 parcel of land from POC (Planned Office Center) to GC (General Commercial) District. The subject property is located at the southwest corner of Linton Boulevard and Congress Avenue. If this action is approved, it is anticipated that a conditional use request to establish a gasoline service station will follow. The Planning and Zoning Board considered this item at public hearing on November 20, 1995 and voted 4-2 to recommend that the request be approved, based on positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D) (5). At first reading December 5, 1995 the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 81-95 on second and final reading. ORDINANCE NO. 81-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM TRANSITIONAL TO GENERAL COMMERCIAL, AND REZONING FROM POC (PLANNED OFFICE CENTER) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT, FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as Transitional; and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned POC (Planned Office Center) District; and WHEREAS, at its meeting of November 20, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted 4 to 2 to recommend approval of a Small Scale FLUM amendment and rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~_~ That the legal description of the subject property is as follows: A parcel of land lying in the North Half (N 1/2) of Section 30, Township 46 South, Range 43 East, Palm Beach County, Florida; said parcel being more particularly described as follows: Commence at the Northeast Corner of said Section 30; thence South 89 degrees 59'03" West, a distance of 1,084.52 feet; thence South 00 degrees 12'10" East along a line 515.00 feet west of and parallel with the West line of Seaboard Airline Railway, for a distance of 100.92 feet, to the POINT OF BEGINNING of the following described parcel of land; thence continue South 00 degrees 12'10" East along the West right-of-way line of Congress Avenue, said line being 515.00 feet west of the West right-of-way line of said Seaboard Airline Railway, for a distance of 152.08 feet to a point on the South line of the North 253.00 feet of said Section 30; thence South 89 degrees 59'03" West along the South line of the North 253.00 feet of said Section 30 for a distance of 170.00 feet; thence North 00 degrees 12'10" West parallel with the West right-of-way line of Congress Avenue for a distance of 177.00 feet to a point on the South right-of-way line of Linton Boulevard; thence North 89 degrees 59'03" East along the South right-of-way line of Linton Boulevard, said line lying 76.00 feet south of and parallel to the North line of said Section 30, a distance of 145.08 feet; thence South 45 degrees 06'34" East for 35.30 feet to the POINT OF BEGINNING. The subject property is located at the southwest corner of Linton Boulevard and Congress Avenue; containing a 0.68 acre parcel of land, more or less. Section 2. That the Future Land Use Map in the Comprehensive Plan of the City of Delray Beach, Florida, is hereby changed to reflect a land use designation of General Commercial for the subject property. Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)4. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, is hereby amended to reflect a zoning classification of GC (General Commercial) District for the subject property. Section 5. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. - 2 - Ord. No. 81-95 ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ 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. ~ That this ordinance shall become effective thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Committee, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the 9th day of January , 1996. ATTEST: ~ity Cle~ First Reading Dece~er 5, 1995 Second Reading January 9, 1996 - 3 - Ord. No. 81-95 N ~ LINTON-CONGRESS SERVICE STATION -- ~r~ ~ ~ ~M -- CITY COMMISSION DOCUMENTATION TO: DAVID t. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOF~ D ZDNING FROM: /dlr~/~Y A. COSTELLO ~/~IOR PLANNER SUBJECT: MEETING OF DECEMBER 5, 1995 SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM TRANSITIONAL TO GC {GENERAL COMMERCIAL). AND REZONING FROM POC (PLANNED OFFICE CENTER) TO GC {GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance changing the Future Land Use Map designation from Transitional to General Commercial and rezoning from POC (Planned Office Center). The subject property is located at the southwest corner of Linton Boulevard and Congress Avenue. BACKGROUND: The subject property is an unplatted parcel of land which is currently vacant and consists of 0.68 acres. The proposal is to change the Future Land Use Map designation for the property from Transitional to General Commercial and rezone the property from POC (Planned Office Center) to GC (General Commercial). If the FLUM amendment and rezoning are approved, it is anticipated that a conditional use request to establish a gasoline service station will follow. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Small-Scale FLUM Amendment and Rezoning to GC - SW Corner of Linton and Congress Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 20, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was public testimony in support of and in opposition to the request. The objections related to potential traffic congestion, irregular traffic movements (i.e. u-turns and multiple lane crossings), and concerns with the potential uses allowed under the proposed GC zoning i.e. gasoline station, convenient store, fast food restaurant. Support of the proposal was presented by the CRA which is encouraging office development to locate downtown. After reviewing the staff report and discussing the proposal, the Board voted 4-2 (Kiselewski and Schmidt dissenting, Young absent) to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5). The two dissenting Board members had concerns with respect to increased traffic volumes on Linton Boulevard and congestion at the Linton and Congress intersection as well as traffic movements into the site. RECOMMENDED ACTION: By motion, approve on first reading the ordinance for the FLUM amendment and and rezoning to GC (General Commercial), and setting a public hearing date of January 2, 1995. Attachments: P & Z Staff Report and Documentation of November 20, 1995 El Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November20, 1995 AGENDA ITEM: V.D. ITEM: Small-Scale Future Land Use Map Amendment from Transitional to General Commercial and Rezoning from POC (Planned Office Center) to GC (General Commercial) for a 0.68 acre parcel located at the southwest comer of Linton Boulevard and Congress Avenue. GENERAL DATA: Owner. ............................................ Ocean Properties, Ltd. Applicant. ....................................... DEB Petroleum, Co. No. 2, Inc. Agent .............................................. David Felton Corporate Property Services, Inc. Location....~ ...... ~ .............................. At the southwest comer of Linton Boulevard and Congress Avenue. Property Size .................................. 0.68 Acres Existing Future Land Use Map ....... Transitional Proposed Future Land Use Map .... General Commercial Current Zoning ............................... POC (Planned Office Center) Proposed Zoning ............................ GC (General Commercial) Adjacent Zoning ................... North: POD (Professional and Office District) and RM (Medium Density Residential) East: POC South: RM West: RM Existing Land Use ......................... Vacant land Proposed Land Use ....................... FLUM amendment and rezoning to General Commercial to accommodate the development of the site as a service station with a convenience store. Water Service ................................. Available via a sewer lateral connection to an existing 8 ' water main along the west side of Congress Avenue. Sewer Service ................................ Available via installation of a private lift station and connection to an existing 10" force main along Congress Avenue. The item before the Board is that of making a recommendation on a privately-sponsored Small-Scale Future Land Use Map Amendment from Transitional to General Commercial and a rezoning from POC (Planned Office Center) to GC (General Commercial). The subject property is located at the southwest corner of Congress Avenue and Linton Boulevard. The subject property is an unplatted parcel of land which is currently vacant and consists of 0.68 acres. In 1983, a request to rezone the property from PRD-10 (Planned Residential Development - 10 du/acre) to SAD (Special Activities District) was processed in conjunction with conditional use and site plan approval requests to establish a gasoline service station with an automatic car wash, which would operate 24 hours a day. At the Planning and Zoning Board workshop meeting of August 23, 1983, the Board stated that they did not support the car wash component of the gas station. The applicant revised the submittal by eliminating the car wash and adding a convenience store component. At the Board's regular meeting and public hearing of September 19, 1983, there was extensive public testimony in opposition to the request which questioned the need for a gasoline station at that intersection. The applicant requested a postponement of the item in order to meet with the representatives of the adjacent residential developments to discuss the proposal and address their concerns. The Board then voted to postpone the item to the subsequent meeting. At its meeting of October 17, 1983, the Planning and Zoning Board held a public hearing in conjunction with review of the proposal. There was public testimony in opposition to the request. The Board recommended denial of the proposal based upon incompatibility with the adjacent residential character of the surrounding development and high tech developments; that the proposed development will be a deterrent to development of the adjacent property in accordance with the residential land use designations; that the rezoning would constitute a special privilege to an individual property owner; that the proposal does not satisfy an individual need of the residences as there are gas stations within 1.5 miles of the property; and, that there was insufficient evidence submitted justifying the need for rezoning. At the request of the applicant, the rezoning, conditional use and site plan requests were never acted upon by the City Commission. P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 2 In 1985, a Future Land Use Map amendment and rezoning of the subject property from PRD-10 (Planned Residential Development- 10 du/acre)to POI (Professional, Office and Institutional) was processed. In conjunction with the FLUM amendment and rezoning, a conditional use and site plan request was processed to construct a 10,690 sq.ft, financial institution/office development, with drive-thru banking facilities on the property. At that time the property contained 0.92 acres. At its meeting of March 18, 1995, the Planning and Zoning Board recommended approval of the FLUM amendment and rezoning of the property to POI. On May 20, 1985, the Planning and Zoning Board recommended approval of the conditional use and site plan request. At its meeting of May 28, 1985, the City Commission approved the rezoning of the property to POI. No further action was taken on the conditional use and site plan subsequent to the Planning and Zoning Board meeting. On September 24, 1985, the POC (Professional Office Center) zone district was adopted to replace the POI zone district. Subsequently, the properties that were zoned POi were rezoned to POC, including the subject property. Since that time, Palm Beach County purchased the north 23' and the east 30' of the property to provide right-of-way for the expanded intersection of Linton Boulevard and Congress Avenue. On October 6, 1995, a request for a Future Land Use Map amendment and rezoning of the property to GC (General Commercial) was submitted and is now before the Board for action. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .:: .:: :::: :: :: ....::: :::::: ,: ::: :: ....;: .:: :: i~j: :~: :: :':: ::.~:.'.':~:~::.",.'~'~F;'::J:" .."~:.~-'.'~."::~:'::'~::~:.:::?.'~:'.'-?.'.':8~::::~:;::~:: The-proposal is to change the Future Land Use Map designation for the property from Transitional to General Commercial and rezone the property from POC (Planned Office Center) to GC (General Commercial). If the FLUM amendment and rezoning are approved, it is anticipated that a conditional use request to establish a gasoline service station will follow. This Future Land Use Map Amendment is being processed as a Small Scale Development pursuant to Florida Statues 163.3187. This statute states that any local government comprehensive land use plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendment (twice a year), subject to the following conditions: The amendment does not exceed either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or less; P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 3 El The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; and, The proposed amendment does not involve the same property owner's property within a 200 feet of property granted a change within a period of 12 months. The land use map amendment involves a 0.68 acre parcel of land, thus the total area is less than the 10 acre maximum for nonresidential land uses. The amendment to General Commercial is being processed concurrently with a rezoning request to GC (General Commercial) to facilitate the construction of a gasoline service station. This amendment along with other small scale amendments processed this year will not exceed 60 acres. This property has not previously been considered for a land use amendment nor have any of the same property owner's properties been granted a land use change within 200 feet or within the last year. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Traffic .Element Policy A-5.3 The City shall guard against the overcommercialization of intersections by restricting land uses which are high traffic generators to no more than two adjoining streets. The subject property is the only vacant property at an intersection that has "commercial" uses on the three developed corners. The rezoning to GC will allow for high traffic generating uses such as fast food restaurants, convenience stores, and general retail uses. While the POC zoning allows restaurants, they are only permitted as a conditional use when designed to be part of the overall POC concept and are primarily directed toward meeting the lunch hour demands. Thus, the proposal does not comply with this Comprehensive Plan Policy. Future Land Use Element Ob_iective A-1 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 conditions, is complementary to adjacent land uses, and fulfills remaining land use needs. The property has been disturbed and there are no physical conditions that would prevent development of the property. The proposed zoning of General Commercial and its potential uses is not necessarily P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 4 complementary to the adjacent residences. While the property could be developed under the GO zoning in a manner that would be complementary to the adjacent residential development, the concerns relate to the intensity of the commercial uses and their hours of operation. That the potential commercial uses would fulfill a remaining land use need seems debatable, especially with congestion that currently exists at the Congress and Linton intersection. Future Land Use Element Policy A-1.6 - To encourage redevelopment of the City's Central Business District, Future Land Use Map amendments to Commercial designations in outlying areas of the City's Planning Area, shall not be considered. This Policy was intended to prevent large-scale planned commercial developments such as shopping centers, which could house major retail tenants that would compete with the downtown. The FLUM amendment is for a parcel of land which is less than an acre and located at a major intersection. The amendment is to accommodate a single-use strip commercial type of use which will not compete with the redevelopment efforts in the City's Central Business District. Based upon the above, the proposal is not inconsistent with this Policy. Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.t(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed General Commercial land use designation will allow the following zoning classifications: GC (General Commercial), PC (Planned Commercial), AC (Automotive Commercial), NC (Neighborhood Commercial), POC (Planned Office Center), POD (Professional and Office District), RT (Resort Tourism), CF (Community Facilities), OS (Open Space), and OSR (Open Space and Recreation). In conjunction with the Future Land Use Map amendment to General Commercial, a rezoning to GC (General Commercial) is being sought. The FLUM amendment and rezoning to GC are being processed concurrently to facilitate the construction of a gasoline service station. Within the GC zone district, gasoline stations are allowed as a conditional use. P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 5 Ad_iacent Land Use Map Designations. Zoning Designations & Land Uses: North: North of the property, across Linton Boulevard, has a Future Land Use Map designation of General Commercial and Medium Density Residential 5-12 du/acre. The properties are zoned POD (Professional and Office District) and RM (Medium Density Residential). The existing land uses are First Union Bank and Delray Estates multiple family development. E;outh and West: South and West of the property has a Transitional land use designation and is zoned RM (Medium Density Residential). The existing land use is the Spring Harbor multiple family development. East: East of the property, across Congress Avenue, has a Future Land Use Map designation of Transitional and is zoned POC. The existing land use to the east is a nonconforming auto repair facility (Goodman's Auto Service Center). Allowable Land Uses: Under the current Transitional FLUM designation, office and neighborhood commercial developments (POC, POD, RO, and NC) are allowed as well as residential zoning districts which accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRD, and RM). The property is currently zoned POC which allows business and professional office uses. Under the proposed General Commercial FLUM designation, commercial developments (GC, PC, NC, AC, RT, POC and POD) are allowed. The applicant has requested a zoning designation of GC (General Commercial), which permits high_intensity commercial uses such as gasoline stations, convenience stores, and fast food restaurants as well as office and other retail uses. Land Use Compatibility_: As described in the Future Land Use Element of the Comprehensive Plan, the Transitional land use designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances, this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential uses. The proposed General Commercial land use designation is to be applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. The adjacent property to the south and west has a Transitional land use designation, zoned RM (Medium Density Residential), and contains a multiple family development (Spring Harbor). Compatibility with the adjacent residential P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 6 development is a concern as the potential general commercial uses may negatively impact the existing residences. Although there is an existing 6' c.b.s. wall separating the subject property from the multiple family development, there are concerns with respect to hours of operation, noise and traffic. The other three corners of this intersection are developed with a shopping center at the northeast corner (Linton Square), an auto repair facility at the southeast corner and a bank at the northwest corner. The developments at the northeast and southeast corners of the property are situated between Congress Avenue and the Seaboard Coastline Railroad tracks on land which was previously designated as Industrial many years ago. These properties are separated from the multiple family developments to the west by Congress Avenue and abut office and vacant industrial land. The property at the northwest corner abuts residential development and is separated by a wall and landscaping which is similar to what exists at the south and west perimeter of the subject property. Office developments provide a better transition between more intense commercial uses and residential development. Office development may be more appropriate at these locations as offices typically have hours of operation which start at 8:00 a.m. and do not extend past 6:00 p.m. Commercial uses which would locate at a busy intersection such as this (i.e. gasoline station, convenience store), are typically open 24 hours. The noise, light and glare created by these uses is inappropriate when they abut a residential development. While peak hour traffic generation of the office may occur during the morning and evening hours, traffic to a commercial business will be continuous with peak hours coinciding with normal peak traffic hours. -CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water & Sewer: Water service is available via service lateral connection to an 8" water main along the west side of Congress Avenue. Adequate fire suppression is provided via an existing fire hydrant at the southeast corner of the site. Sewer service is available via installation of a private lift station and connection to a 10" sewer force main within Congress Avenue. Water and sewer service will be further addressed with a site plan submittal. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 7 Drainage: With FLUM and rezoning requests drainage plans are not required. With a full site plan submittal, drainage plans will be required which comply with South Florida Water Management District standards. No problems are anticipated. Traffic; Under the current Transitional FLUM designation, the maximum development potential would be 7,405 sq.ft, of retail generating 765 average daily trips [NC (Neighborhood Commercial) zoning]. With development under the current POC office designation a maximum of 8,886 sq.ft, of office generating 225 average daily trips is possible. Under the proposed General Commercial land use and zoning designations, the maximum development potential would be a 3,000 sq.ft. fast food restaurant generating 1,327 trips. Thus, the FLUM amendment and rezoning have the potential to create a traffic increase. Traffic concurrency with respect to individual site development proposals must be addressed with review of a specific site development plan. Currently, all roadway links within a one-mile radius of the property are operating at level of service "D", except for Linton Boulevard, between Congress Avenue and Military Trail, and 1-95 and Waterford Place, which are operating at level of service "E". Parks and Recreation: Park and dedication requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste; Trash generated each year by the proposed commercial use would be equal to or slightly greater than trash generated from the uses allowed by the applicable zoning districts of the Transitional land use designation (POC, POD, NC). The development of these properties under the General Commercial land use designation should not create an adverse impact on this level of service standard. ~i:i:i:i:.;;iii!i~i~::::::::::: :~:::::::: :::: :::::::::!: ~, ::: .-.::::::: iiii :~iii~i:~:~:~ii~:~:~:~::iii!;?~:!ii~?::i!~ii?~::i~iiiiii~ii!i~i~::~ii~?~:~:~?iiii':'::~'~i :;'";';i:?-i:'~';'~:i iiiiii!iii~ii~iii i i:~i ~i.:i~:..'i.::i~ ii :j :j~: i i~i :iii:ii iiii:ii!!i~ili~iji~iiiii ~.-:- ;......:; ;: ........................... :..:. ........................... : ............... :.:.:.: ........... ; ............... : ............................. ; .............................. ; ;';;;; ;"; ............ ; ,.' .--- .:...: ........... :.?: ....... ! REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 8 the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the Future Land Use Map Analysis section of this report. Compliance with respect to Compliance with the Land Development Regulations (Standards for Rezoning Actions, Rezoning Findings) are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(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. Section 3.3.2 (Standards for Rezoning Actions): Standards A and B are not applicable. The applicable performance standard of Section 3.3.2 is as follows: (C) Additional strip commercial zoning on vacant properties shall be avoided. This policy shall not preclude rezonings on land that at the time of rezoning has improvements on it. Where existing strip commercial areas or zoning exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed GC zoning would allow strip commercial zoning on a vacant parcel of land. The subject property has a size that is typical of an out- parcel of a shopping center and has a depth of only 177 feet. As the property to the south and west is currently developed, there is no ability to aggregate additional land. (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 properties to the north and east are commercial in character and are zoned POD (Professional and Office District), PC (Planned Commercial) and POC (Planned Office Center). To the south, west and northwest is P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 9 zoned RM (Medium Density Residential). Compatibility with the adjacent residential properties is a concern. As previously stated under the Future Land Use Map Analysis of this report, the GC (General Commercial zoning designation allows uses that are much more intense than those allowed in the POC zone district. As the potential uses are usually in operation for 24 hours, there are concerns with respect to noise, traffic and odors from the development. VVhile there are regulations in place for nonresidential uses adjacent to the residential development to provide trees every 25 feet along with a wall or hedge to mitigate impacts, the intensity of use remains a concern. Section 2.4.$(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a, That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; and, c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more ap.~ro_~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: °~4/e are requesting a change in the zoning of this property from POC, Planned Office Center, to GC, General Commercial. This request for a change in the zoning is due to a change in circumstances which makes the requested GC zoning more appropriate for this parcel. As per Section 4.4.9(A) of the De/ray Beach Land Development Code, "General Commercial District provides basic regulations for small parcels which are best suited for general retail... I~ut which are not of sufficient size to be designed in a planned sense .... The GC designation is to be applied primarily along arterial and collector streets.' The subject parcel is a O. 68 acre parcel which is not of sufficient size to be designed in a planned sense. The site is adjacent to two major arterials, P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 10 Congress Ave. and Linton Blvd. In addition, 1-95 is approximately 1/4 mile from the site. The location of the site in relation to these major thoroughfares lends itself to the GC zoning. The GC zoning, with a service station, would promote public convenience. With the concentrated residential areas to the west, a service station would provide a convenient location for the local residents as they enter and exit 1.95. Also, with the concentrated commercial and industrial areas along Congress Ave., the service station will also benefit the local residential areas by providing a convenient and accessible facility for the employees of the varying businesses, without passing through the residential areas, as currently required. Pursuant to Section 4.4.15(A)(1) and (2), "Planned Office Center District provides for the concentration of offices and support uses in a well planned and managed environment." "A POC is to be planned and developed on land under unified control and as a single development, or in a programmed series of development phases." This site does not lend itself the concentration of offices, nor is there unified control. The POC zoning is broken by varying zoning districts which include: Planned Commercial, Mixed Industrial- Commercial, Industrial, Planned Commerce Commercial, Residential (rental apartments) and Planned Office Center. This parcel is owned independently of parcels which are zoned POC. The General Commercial zoning designation requested for this parcel would not be adverse to the zonings of the surrounding area. The service station use is appropriate for this parcel due to its location, and the benefit to the surrounding properties, both residential and non-residential, which will be provided. In conclusion, as you review our request for rezoning, recall Section 4.4.9(A) of the Land Development Code: "General Commercial District provides basic regulations for small parcels which are best suited for genera/retail.., but which are not of sufficient size to be designed in a planned sense .... The GC designation is to be applied primarily along arterial and collector streets.' Comment: The justification statement addresses Item "b" as the basis for which the rezoning should be granted, that there has been a change in circumstances which make the current zoning inappropriate. VVhile the purpose and intent of the GC zone district does state that the GC zoning is appropriate along arterial and collector streets, compatibility of the GC zoning with the adjacent zoning and uses must also be taken into consideration as discussed previously in this report. It is questionable as to whether there has been a change in circumstances that makes the GC zoning appropriate. P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 11 While the PO(3 zone district is inappropriate on a parcel of this size due its development standards, other zoning designations that are consistent with the Transitional land use designation [such as POD (Professional Office District)] would be more appropriate for the property. The POD zone distdct was created "in order to provide very limited application of professional, office, and similar intensity uses to sma//parcels on properties designated as Transitional on the Future Land Use Map and thus mitigate against adverse effects which may occur with higher intensity application of such usage". The POD permits the same uses that allowed in the POC zone district without the stringent development standards with respect to unified control and parcel sizes, which would make it appropriate for the site. With respect to the statement regarding vehicles passing through residential developments to access gasoline stations, the nearest gasoline stations are located along arterial roadways and are surrounded by commercial development. The businesses are accessed by the arterial and collector roadways and not through residential developments. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS; As previously stated, the property does not meet the minimum development size of the current POC zoning district which is 4 acres with individual lot sizes of 1 acre. Also, the POC zone district has excessive building setback requirement for a parcel of this size. These requirements along with special landscape requirement along Linton Boulevard and Congress Avenue of 17 feet make the property undevelopable. In any event, the property should be considered for rezoning to a zone district with less restrictive development standards. If the rezoning to GC is approved, a conditional use application to construct a gasoline station is anticipated. There are specific development standards in the LDRs which pertain to gasoline stations outlined in LDR Section 4.3.3(J). ~[ ~ -::.:.::::.:..+:.+. :...., ...... : ........ ...:. :.. :.--,- ,.: · :: · ..: :; .: .';.~ .<:::.<.~:.,..'~,~.~>. ...:..:: :.:: :.<:: :: :::: >.:: :: The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency, DDA (Downtown Development Authority), or the HPB (Historic Preservation Board). Courtesy Notices: Courtesy Notices have been provided to the following homeowner's and civic associations: P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 12 Crosswinds Crosswinds Single Family Section Pines of Deiray East Crosswinds Master Association Pines of Delray West Eastwinds of Crosswinds Progressive Residents of Delray(PROD) Southwinds of Crosswinds Sabal Pine Condominium East, Inc. Delray Property Owners Sabal Pine East Association Pines of Delray Sabal Pine South Association Minto Builders Florida, Inc. (Spring Harbor) 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. With the Future Land Use Map Amendment from Transitional to General Commercial positive findings with respect to compatibility are unable to be made. Compatibility of the GC zoning and its potential uses with the adjacent residential development is a concern. It does not appear that a positive finding can be made with one of the three reasons listed in LDR Section 2.4.5(D)(5) for which a rezoning should be granted. If the rezoning to GC is not granted, the property should at a future date be rezoned from POC to POD, as the POC development standards are not appropriate for a parcel of this size. i ~i,~iii!ii~ii! i~iii~iiiiii ~!i i i iii i~!i~ i~i~ ii i~i i~i i i iii i~ ii i~i ii iii ii i:"::~ i ~ "? ~i!:"~'i'i~ i :'"'"': ~:'":!:"~i~!~i' '~:iii ?' 'i~i~'"~ !i": :"'i~'"~"'ii i~i!~!:'": ~!~!~::'""::~i~'""i'iii:'"~::'"":': i i'":::"?'"':~i ~ i ~ii{.:i ii i-~!.-'~i~ i Jii~ ~iiiiiiJ~i~iiiii~ ii iii!ii i .;ii i!i~i!i i i ii iii ~ .~i!i i A./" Continue with direction. Recommend approval of the Future Land Use Map Amendment from Transitional to General Commercial, and the rezoning request from POC to GC based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5)(b). C. Recommend denial of the Future Land Use Map Amendment from Transitional to General Commercial, and the rezoning request from POC to GC based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5). P & Z Board Staff Report Small-Scale FLUM Amendment from Transitional to General Commercial and Rezoning from POC to GC Page 13 ========================================================================== ..:,::..~:~:~...::. :::::::::::::::::::::::::::::::::::..::::: ....~ ................. :,:.....~..:~.li:....~:....:~:~.~:,:~....~.:.:~:~......:~..-:~:.-~.~.....:.:~:~.~.~:: ~ ............. ,..., ................................... ,~ ......... ~.~.,:..., .................................................................. ~ ........... ~,,.,~,:,,,! Recommend to the City Gommission denial of the Small-Scale Future Land Use Map Amendment from Transitional to Beneml Commercial ~nd the rezonin~ request from POG to ~G based upon a failure to make positive findings with respect to policies of the Gomprehensive Plan, and Ghapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations. Attachment: E3 Location Map This Staff Report prepared by: Jeff Costello. Senior Planner MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~l sEco~ RE~INS ~ PUS~,','C HE~I~G ~O~ O~N~C~ NO. ~-~ (~ZON~ ~O~S~ ~C~ ~O ~N~ ~OW ELEME~Y SCHOOL DATE: J~Y 5, 1996 This is second reading and public hearing for Ordinance No. 82-95 which rezones a 5.03 acre vacant parcel of land from RM (Medium Density Residential) District to CF (Community Facilities) District. The subject property is located at the southeast corner of S.W. 10th Street and S.W. 7th Avenue, immediately west of and adjacent to the Pine Grove Elementary School site. The purpose of the rezoning is to accommodate an expansion of the school for recreational facilities and playground equipment. The Planning and Zoning Board considered this item at public hearing on November 20, 1995 and voted 6-0 to recommend that the rezoning be approved. At first reading December 5, 1995 the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 82-95 on second and final reading. 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 AT THE SOUTHEAST CORNER OF S.W. 10TH STREET AND S.W. 7TH AVENUE, IMMEDIATELY WEST OF AND ADJACENT TO PINE GROVE ELEMENTARY SCHOOL, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the property hereinafter described is 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 November 20, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 6 to 0 to recommend approval of the rezoning, 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 B~ THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section That the Zoning Map the City District of 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: Block A, RIDGEWOOD HEIGHTS (including the abandoned alleyways lying within said Block A), as recorded in Plat Book 14, Page 44, of the Public Records of Palm Beach County, Florida, and the West Half (W 1/2) of the abandoned right-of-way of S.W. 6th Avenue lying east of and adjacent to Lot 1, and Lots 22 thru 31, Block A, RIDGEWOOD HEIGHTS. The subject property is located at the southeast corner of S.W. loth Street and S.W. 7th Avenue, immediately west of and adjacent .to Pine Grove Elementary School; containing 5.03 acres, more or less. ~ 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 ! hereof. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~_~ 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. ~ 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 9th day of January , 1996. ATTEST: , First Reading December 5 1995 Second Reading January 9, 1996 - 2 - Ord. No. 82-95 S.W. 7TH ST. ST. 8TH S.W. S.w. gTH ST. 05~ IIIII1-1111111 ,a..,aL, ~ Iil1111111111 " '"~ S.W. glH S.W. TH ST. CF CF 11 TH REIGLE AVE. SIERUNO AVE. DOUGLASS AVENUE ELLA ST. RM N PINE GROVE ELEMENTARY SCHOOL ,..,....c o~p,~.,c~. REZONING OTY Of' O~L~AY ~f'ACJd. FL -- o,t~r,4L ~4s£ ~44P 5't~1'£~ -- CITY COMMISSION DOCUMENTATION THRU: DEPARTMENT OF PI..~NNIN~,ND ZONING FROM: JANETMEEKS, SENIOR PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 REZONING FROM RM (MULTIPLE FAMILY RESIDENTIAL) TO CF (COMMUNITY FACILITIES) FOR BLOCK A, LOTS 1-31 OF THE RIDGEWOOD HEIGHTS SUBDIVISION. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a parcel of land from RM (Multiple Family Residential) to CF (Community Facilities) for Pine Grove Elementary School. The subject property is located south of S.W. 10th Street, on the east side of S.W. 7th Avenue, and contains approximately 5.03 acres. BACKGROUND: Currently, the subject property is vacant and involves all of Block A of the Ridgewood Heights subdivision. The property is owned by Palm Beach County School Board. The rezoning is being sought to accommodate an expansion to Pine Grove Elementary School for recreational facilities and playground equipment. Additional background and analysis of the request can be found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 20, 1995, the Planning and Zoning Board held a public hearing for the rezoning request. There was no public testimony in opposition to the request. The board voted 6-0 to recommend that the request be approved. City Commission Documentation Rezoning from RM to CF for Pine Grove Elementary School Page 2 RECOMMENDED ACTION: By motion, approve on first reading the ordinance rezoning Block A, Lots 1-31 of the Ridgewood Heights subdivision from RM (Multiple Family Residential) to CF (Community Facilities), and setting a public hearing date of January 2, 1995. Attachments: · P&Z Staff Report and Documentation of November 20, 1995 · Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELI~Y BEACH ---STAFF REPORT--- MEETING DATE: November 20, 1995 AGENDA ITEM: V.A. ITEM: Rezoning from RM to CF for the establishment a public park associated with an existing elementary school, located at the southeast corner of SW 10th Street and SW 7th Avenue. : ~E~.~ l, f1111111111 '1~1 IIIIIIIIIII1,I IIIIII I~ I . · ~ ~ DELRAY GENE~L DATA: Owner ........................................ School Board of Palm Beach County Agent ...................................... ~.. Jan C. Hansen, AICP Location ..................................... Southeast corner of SW 10th street and SW 7th Avenue. Property Size ............................. 5.03 Acres Future Land Use Map ................ Medium Density Residential Current Zoning .......................... RM (Medium Density Residential) Proposed Zoning ....................... CF (Community Facilities) Adjacent Zoning ............... North: R-1-A (Single Family Residential) East: CF South: R-1-A West: R-1-A Existing Land Use .................... Vacant. Proposed Land Use ................... Rezoning from RM to CF to accommodate the establishment of a 5 acre public park with associated recreation buildings adjacent to the existing 10 acre elementary school site. Water Service ............................ Existing 6" water main in SW 10th Street. Existing 8" water main in SW 7th Avenue. Existing 8" water main stub out in abandoned SW 6th Avenue right-of-way. Sewer Service ........................... Existing 8" sanitary sewer main in SW 10th Street. Existing 8" sanitary sewer main in SW 7th Avenue. V.A. The action before the Board is making a recommendation on a rezoning request from RM (Medium Density Residential) to CF (Community Facilities) for Pine Grove School. The subject property is located south of S.W. 10th, on the east side of S.W. 7th Avenue and contains approximately 5.03 acres. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. A Conditional Use to allow the expansion of Pine Grove Elementary School is being processed concurrently with the Rezoning and is discussed in a separate Staff Report. ~~~.~.:.~i~-":'"i": '~,: -" ' T.' .Z.7'.',,.:.'.'.'..'.' .' ............................. !~i~~~' ,,,.....~ ......... ' ............... ;" ..................... Z'"~:'"'.:'"'""~ ....... .: .................... ~ ...... The subject property, consists of all of Block A, Lots 1-31 of the Ridgewood Heights -~Jbdivision, which was platted in 1925. In 1982, the subject property received a change in' zoning from R-lA (Single Family Residential) to SAD (Special Activity District), Conditional Use and Site Plan approval to allow a multiple family development consisting of 40 units known as Pine Forest. Subsequent to that action, the City Commission in 1983 approved an abandonment of a north/south and east/west alley and a portion of S.W. 6th Avenue (between SW 10th Street and SW 11th Street)to allow for a unified development. The site plan has since expired and the project was never built. In 1990, with the Citywide rezoning and adoption of the Land Development Regulations, the zoning was changed from SAD to RM (Multiple Family Residential). The Palm Beach County School Board has since purchased the property and wishes to construct a playground and recreational facilities for Pine Grove Elementary School. The development proposal is to rezone a vacant parcel of land from RM to CF. The rezoning is being requested by the Palm Beach County School Board to accommodate an expansion to the Pine Grove Elementary School for a playground and recreational facilities. The City of Delray Beach has entered into an Interlocal agreement with the School Board for participation in the development of the parcel which in return will allow public use of these facilities. The accompanying sketch plan indicates that the project will be built in two phases. Phase one will consist of the construction of a ball field, and playground equipment. Phase II will consist of a parking lot, two basketball courts, pedestrian pathway, and restroom facilities. P&Z Staff Report Rezoning from RM to CF for Pine Grove School Page 2 REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be ;allowed in the zoning district and the zoning district must be consistent with the land use designation. The current Future Land Use Map designation for the subject property is Medium Density Residential. The requested zoning change is from RM to CF. The proposed zoning designation of CF is consistent with the Medium Density Residential Future Land Use Map designation. Pursuant to LDR Section 4.4.21(D)(2) Schools and its ~cessory uses are allowed as a Conditional Use in the CF zone District. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with" issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Streets and Traffic: A traffic impact study was not submitted with the request. The current RM zoning designation generally permits multiple family dwellings at a maximum density of 12 units per acre. The Palm Beach County Traffic Performance Standard Ordinance establishes traffic generation rates of 7 ADT per unit for a multiple-family unit. Development of the site with RM zoning and a density of 12 units per acre (60 units) would generate 420 ADT. The development of recreational facilities as an accessory use to the school will not generate any new trips. Thus, a potential for a reduction in 420 ADT could result from the proposed rezoning. Water and Sewer: Preliminary engineering plans were not submitted with the application. However, water and sewer service is available to the site via existing 8' mains located in SW 7th Avenue. The addition of one restroom facility will create little or no impact on meeting this level of service. Parks and Recreation: Parks and Recreation dedications do not apply to non-residential developments. P&Z Staff Report Rezoning from RM to CF for Pine Grove School Page 3 Solid Waste: Solid Waste Authority does not object to projects which generate less than 10 tons of solid waste per year. As the generation rate for a playground area is negligible there will be minimal impact on this level of service. 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. ; Section 3.3.2 (Standards for Rezoninq Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient "'~ ' regulations exist to properly mitigate adverse impacts from the new use. Parcels adjacent to and near the subject parcel are primarily residential. The rezoning will allow the expansion of the school, which has not experienced any compatibility problems to date. Comprehensive Plan policies support investment and physical improvements to the older schools to help stabilize the surrounding neighborhoods. The addition of the recreational facilities should have a positive affect on the adjacent properties by allowing the residents access to recreational facilities within their own neighborhood. Section 2.4.5(D)(5) (Rezonin~ Findincls): 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 appropriate for the property based upon circumstances particular to the site and/or neighborhood. P&Z Staff Report Rezoning from RM to CF for Pine Grove School Page 4 The applicant submitted a justification statement as a part of the rezoning application. The statement indicates that the applicable reason is "c". The justification statement is summarized below:. The subject property was zoned for residential developmenL Prior to the School Board acquiring the property, this was an appropriate category. However, the growth of Pine Grove Elementary both in population and facility, necbssiteted the acquisition of adjacent property to expand the campus. The use of the subject property will be playground and park facilities for use by the public, therefor a classification to a public category (CF) is more appropriate at this t/me. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies and objectives were found. Housing Element Policy B-2.5: , Policy B-2.5 states: that the future of the three active public schools (Spady, Pine grove, and Carver) which are located in 'rehabilitation areas' are vital to the future of the associated neighborhoods. The Palm Beach County School District must provide investment in physical improvements and staffing and curriculum in order to have these facilities be assets to the neighborhoods. To these ends the Land Use Element shall designate these sites as being restricted only for public purposes, and the Intergovernmental Coordination Element shall establish a specific program of interaction with the School District on this matter. Land Use Element ObJective D: Objective D states: To enhance the role of schools in their neighborhoods and have the school facility aid in the goals and objectives of other elements which are directed toward the stabilization and revitalization of neighborhoods. Pine Grove Elementary School is located in a rehabilitation area. The expansion of the school will provide an investment in physical improvements upon the land, and provide recreational opportunities that will be an asset for the adjacent neighborhoods. Thus, the above policy and objective has been met. Compliance with Land Development Requlafions: The proposed use is to be in compliance with the 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. The applicant has submitted a sketch plan. While the submitted sketch plan is not being formally considered at this time, the following comments are provided. P&Z Staff Report Rezoning from RM to CF for Pine Grove School Page 5 LDR Section 4.3.4(K) Development Standards Matrix: Sufficient information was not provided on the sketch plan to fully address all of these standards. However, it appears that proposal will meet or exceed all requirements of this section. LDR Section 4.4.21(H) CF District Special Regulations: " When this district (CF) 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 buffering purposes. Residential properties are located along the north, south, and western boundary of the project, and a 15' landscape buffer is proposed. LDR Section 4.6.9 Parking: The proposed recreational facilities are considered an accessory use to the school and do not require additional parking per code. The sketch plan does however, provide for a parking lot with 12 parking spaces taking access from SW 7th Avenue. This parking -e~l'ea would be available for public use. LDR Section 6.1.3 Sidewalks: Currently sidewalks exist along SW 4th Avenue and SW 10th Street. A sidewalk does not exist along SW 7th Avenue or SW 11th Street. Pursuant to LDR Section 6.1.3 sidewalks will be required along both of these right-of-ways with the development of this site. It would be appropriate to install the sidewalk along SW 7th Avenue with the construction of the parking lot with Phase II improvements. A waiver of the sidewalk requirement along SW 11th Street would be appropriate as SW 11th Street dead-ends at the school property and no houses exist along the south side of the street. This item can further be addressed with the approval of the site plan. LDR Section 4.6.16 Landscaping: No landscape plan has been submitted at this time. The submission of a landscape plan meeting all requirements of Section 4.6.16 will be required with the site and development plan submission. The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). P&Z Staff Report Rezoning from RM to CF for Pine Grove School Page 6 Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice was sent to: E3 Rosemont Homeowners Association Letters of objection, if any, will be presented at the P & Z Board meeting. · ..... .......... ............. ........ s ..... The proposed rezoning of the subject property to CF accommodates an expansion to the existing school for recreational purposes benefiting both the school and the general public. The improvements to the school may help to stabilize the surrounding neighborhoods which is a goal outlined in the Comprehensive Plan. All required public facilities and services are available to serve the proposed development. The CF ,~ning district is consistent with the Medium Density Residential FLUM designation. Required positive findings with respect to Section 2.4.5(D)(5) (rezoning Findings), Section 3.1.1, and the performance standards of Section 3.3.2 can be made, Based on the above, the proposed rezoning for the School Board property to CF is recommended for approval. A. Continue with direction. B. Recommend rezoning of the subject property from RM to CF, based on positive findings with respect to Section 2.4.5(D)(5) (rezoning findings), Section $.1.1, and the performance standards of Section 3.3.2. C.Recommend denial of a rezoning, based on a failure to make positive findings. Recommend approval of the rezoning request for Block A, Lots 1-31 of the PJdgewood Heights subdivision from RM (Multiple Family Residential) to CF (Community Facilities), based upon positive findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for P, ezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: Sketch Plan MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FR0 : CIT SUBJECT: AGENDA ITZM # /0' f. /'- MEETING OF JANUARY 9, ~996 CONDITIONAL USE REQUEST/PINE GROVE ELEMENT~Y SCHOOL DATE: J~Y 5, 1996 This is before the Commission to consider a conditional use request for the expansion of the Pine Grove Elementary School, located within the CF (Community Facilities) zone district at the southwest corner of S.W. 10th Street and S.W. 4th Avenue. The request is being sought to allow for construction of class- rooms; a music/art/media center facility; restroom facilities; recreational facilities including playground equipment, ballfield, two basketball courts, and a jogging path. At its meeting of November 20, 1995 the Planning and Zoning Board, hearing no public testimony in opposition to the request, voted 6-0 to recommend approval based on positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and to the policies of the Comprehensive Plan, subject to the submission of a full site plan application pursuant to Section 2.4.5(F) of the Land Development Regulations. Recommend approval of the conditional use request for expansion of the Pine Grove Elementary School, subject the Planning and Zoning Board condition. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING FROM: J,~T MEEKS, SENIOR PLANNER SUBJECT: MEETING OF JANUARY 9, 1996 CONDITIONAL USE REQUEST FOR AN EXPANSION TO THE PINE GROVE ELEMENTARY SCHOOL ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a conditional Use request for the expansion of the Pine Grove Elementary School which is located within the CF (Community Facilities) zone district. The subject property is located at the southwest corner of S.W. 4th Avenue and S.W. 10th Street. BACKGROUND: The Conditional Use request is being sought for an expansion to the Pine Grove Elementary School to allow the following elements: · Classrooms; · Music/art/media Center facility; · recreational facilities including playground equipment; ballfield, two basketball courts, jogging path, and restroom facilities. The addition of the classrooms would alleviate the existing overcrowded condition of the school, and is not anticipated to accommodate any new students. The hours of operation of the school and routing of the school buses will remain the same. The recreational facilities will be available to the public during non school hours, weekends, and summer vacation periods. Additional background and analysis of the request can be found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Conditional Use for Pine Grove Elementary School Page ;Z PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of November 20, 1995, the Planning and Zoning Board held a public hearing for the Conditional Use request. There was no public testimony in opposition to the request. The board voted 6-0 to recommend approval of the request for Conditional use for Pine Grove Elementary School based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to the following condition: Submission of a full site plan application to be processed pursuant to Section 2.4.5(F) of the Land Development Regulations. RECOMMENDED ACTION: By motion, approve the conditional use request to allow the expansion to the Pine Grove Elementary School based upon the findings and recommendation of the Planning and Zoning Board. Attachments: · P&Z Staff Report and Documentation of November 20, 1995 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 20, 1995 AGENDA ITEM: V.B. ITEM: Conditional use approval for the establishment a public park associated with an existing elementary school, located at the southwest corner of SW 10th Street and SW 4th Avenue. .. D£LRA Y BEACH C~METERY S.~. gm ST. FALL RIDGE OF D£LRA Y THE ~OVES D~IVE GENERAL DATA: Owner School Board of Palm Beach County Agent ......................................... Jan C. Hansen,AICP Location ..................................... Southeast corner of SW 10th street and SW 7th Avenue. Property Size ............................. 15.03 Acres Future Land Use Map ................ Medium Density Residential and Community Facilities Current Zoning .......................... CF (Community Facilities) and RM (Medium Density Residential) Proposed Zoning ....................... CF Adjacent Zoning ............... North: R-1-A (Single Family Residential) East: R-1-A South: R-1-A and RM West: R-1-A Existing Land Use .................... Existing elementary school with associated playgrounds, parking areas, and landscaping. Proposed Land Use ................... Conditional use approval for the establishment of a 5 acre public park and recreation buildings to the existing 10 acre elementary school site. Water Service ............................ Existing 6" water main in SW 10th Street. Existing 8" water main in SW 7th Avenue. Existing 8" water main stub out in abandoned SW 6th Avenue right-of-way. Sewer Service ........................... Existing 8" sanitary sewer main in SW 10th Street. Existing 8" sanitary sewer main in SW 7th Avenue. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval for an expansion to Pine Grove Elementary School.pursuant to Section 2.4.5(E). The subject property is located southwest corner of S.W. 4th Avenue and S.W. 10th Street. The subj.e_c.t property involves the existing Pine Grove Elementary School which is zoned CF (Community Facilities), and the parcel directly west of the school which is currently zoned RM but is recommended to be changed to CF (see discussion in the Rezoning Staff Report). The change in zoning for the RM parcel is to accommodate an expansion of the school's recreational facilities and the addition of classrooms. Schools and their accessory uses are allowed as Conditional Uses in the CF zone district [LDR Section 4.4.21(D)(2)], which is the action now requested of the Board. I The development proposal involves the expansion"of the Pine Grove Elementary School including the following elements: · Classrooms; · Music/art/media Center facility; · recreational facilities including playground equipment; ballfield, two basketball courts, jogging path, and restroom facilities. The addition of the classrooms would alleviate the existing overcrowded condition of the school, and is not anticipated to accommodate any new students. The hours of operation of the school and routing of the school buses will remain the same. The recreational facilities will be available to the public during non school hours, weekends, and summer vacation periods. CHAPTER 3 {REQUIRED FINDINGS): (Performance Standards- L.O.S.) Pursuant to Section 3.1.1 (required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the Official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made4 by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Planning and Zoning Board Staff Repod Conditional Use Approval - Pine Grove Elementary School Page 2 Compatibility, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. With the rezoning action, positive.findings were made with respect to the Future Land Use Map, Concurrency, and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Compliance with respect to the Required Findings for a Conditional Use is discussed below. 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 is bordered by R-lA (Single Family Residential) zone district to the north, west and east; and RM (Multiple Family Residential) and R-lA zone districts to the south. Goal Area D of the Land Use Element of the Comprehensive Plan calls for the public school system to be an asset to the community through contributing to the stabilization of the neighborhoods. Pursuant~to the Housing Element the subject property is located in a "Revitalization and Rehabilitation" area. The development proposal provides for additional classrooms, provision of an art/music/media center, and provision of a new playground and recreational area. The classrooms will help to alleviate the existing overcrowding conditions. With respect to the playground, the City has entered into an Interlocal Agreement with the School Board to help develop the site. In return, the public will be able to utilize the facilities. It is anticipated that the recreational facilities will mostly be utilized by the surrounding neighborhoods in walking distance, and not the public at large. Thus, the addition of the recreational area, should not significantly increase traffic volumes on the adjacent roadway links. The upgrading of the existing school and substantial capital improvements being invested in the school should provide some stabilization within this area and be an inducement for new development on the adjacent vacant lots. 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. Planning and Zoning Board Staff Report Conditional Use Approval ~ Pine Grove Elementary School Page 3 The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: If Conditional Use Approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Public N~t'ice: 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."' · Rosemont Homeowners Association I The proposed conditional use is for the expansion of the Pine Grove Elementary School providing for additional classrooms and recreational facilities, which will benefit both the school students and public. 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. A. Continue with direction and concurrence. B. Recommend approval of the request for Conditional Use approval for Pine Grove Elementary School based upon positive findings with respect to Section 2.4.5 (E)(5) (Compatibility), Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. Planning and Zoning Board Staff Repod Conditional Use Approval - Pine Grove Elementary School Page 4 C. Recommend denial of the Conditional Use approval for Pine Grove Elementary School based upon a failure to make positive findings with respect to Section 2.4.5 (E)(5) (Compatibility) and Chapter 3. Recommend approval of the request for Conditional Use for Pine Grove Elementary School based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to the following condition: , A. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations. Attachments: Sketch Plan MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~"I SUBJECT: AGENDA ITEM ~ /O.C'- MEETING OF JANUARY 9. 1996 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NQ, (AUTHORITY TO GRANT WAIVERS TO THE LANDSCAPE REGULATIONS) DATE: JANUARY 3, 1996 This is second reading and public hearing for Ordinance No. 83-95 which amends various sections of the Land Development Regulations by assigning the authority to grant waivers to landscape regulations to the Site Plan Review and Appearance Board and the Historic Preservation Board, as appropriate. Currently, waivers to the landscape regulations must be acted upon by the City Commission, subsequent to a recommendation by the Board that approves the site plan (SPRAB or HPB). Typically, waiver requests are routine items that are placed on the Commission's consent agenda. Referring the waivers to the Commission generally adds several weeks to the site plan process and requires additional staff time in preparing and reviewing special documentation. This amendment will allow the approving boards to take final action on the waivers. As with all other board actions, the Commission would have the ability to appeal the waivers. For additional background and analysis, please refer to the Planning and Zoning staff report. The Planning and Zoning Board considered this item at public hearing on November 20, 1995. There was no public testimony, and the Boar~ voted unanimously to recommend that the amendments be approved. At first reading on December 5, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 83-95 on second and final reading. ref:agmemol4 ORDINANCE NO. 83-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD", SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", AND SECTION 4.6.16, "LANDSCAPE REGULATIONS", SUBSECTION 4. 6 . 16(C), "COMPLIANCE AND RELIEF" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ASSIGNING THE AUTHORITY TO GRANT WAIVERS TO LANDSCAPE REGULATIONS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD AND THE HISTORIC PRESERVATION BOARD, AS APPROPRIATE; 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 subject matter at the meeting on November 20, 1995, and voted unanimously to forward the change 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 change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~_~ That Chapter Two, "Administrative Provisions", Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.2.3, "The Site Plan Review and Appearance Board", Subsection 2.2.3(D), "Duties, Powers, and Responsibilities", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Duties, Powers, and Responsibilities: (1) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDRs: * Certain site and development plans, as provided in this code * Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(C)(1)(g) ~ ~ranting of relief ~o Section 4.6.16 through the ~aiver process [Section 2.4,7(B)] * Preliminary and final landscape plans * Master Sign Programs * Signage as allowed by Section 4.6.7 * Appeal of administrative interpretations made in application of the sign code and the landscaping code * Architectural Elevations * Streetscape and landscape features (e.g. walls, fences, lighting, dumpster enclosures, etc.) (2) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives and policies of the Comprehensive Plan. ~_~ That Chapter Two, "Administrative Provisions", Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(D), "Duties, Powers, and Responsibilities", subparagraph 2.2.6(D)(6), of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code ~d relief to Section 4.6.16 through the waiver process [Section Section 3. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape Regulations", Subsection 4.6.16(C), "Compliance and Relief", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) Compliance and Relief: (1) Compliance: Prior to the issuance of a building permit for structure or any paving permit, or prior to proposed upgrading of landscaping on an existing site (excluding existing single family detached development), compliance with the requirements of this Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). - 2 - Ord. No. 83-95 (~) Relief: ~¢~¢~11~11~¢11~¢~#~¢~#11~11~ of the requirements of this section may be granted by the body or board which is empowered to approve or deny the site and develoument plan. Waivers shall be aranted pursuant to the provisions of Section 2.4.7[B), Waivers. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ 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. ~ 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 9th day of January , 1996. ATTEST: -- ~ City-C~rk t First Reading December 5~ 1995 Second Reading January 9r 1996 . -3- Ord. No. 83-95 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: NOVEMBER 20, 1995 -' AGENDA ITEM: V.K. AMENDMENT TO LDR SECTIONS 2.2.3(D), 2.2.6 (D)(6), 4.6.16(C)(2) WHICH ASSIGNS AUTHORITY TO GRANT WAIVERS TO THE PROVISIONS OF THE LANDSCAPE CODE. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding amendments to Sections 2.2.3, 2.2.6, and 4.6.16 of the Land Development Regulations (Landscape waivers). :. BACKGROUND: Prior to the adoption of the LDR's in October, 1990 all adjustments, waivers and variances of the code were granted by the. City Commission and the Board of Adjustment, respectively. With the adoption of LDR's certain waiver and variance powers Were delegated to Boards which act on the attendant development plans. These included the Historic Preservation Board which can act in lieu of the Board of Adjustment in granting variances from existing ordinances for Historic Sites and the sign code for nonconforming signs under Section 2.2.6 (D)(6). The Site Plan Review and Appearance Board has the authority to grant relief from number of parking spaces [Section 4.6.9 (C)(1)(g)] as noted in Section 2.2.3. (D)(1). In addition, both the Historic Preservation Board and the Site Plan Review and Appearance Board have the authority under Section 2.4.7(C) to grant an adjustment involving a lessening, or total waiver of development standards which affect the spa, Cial relationship among improvements which do not affect the perimeter of an overall development plan. Presently, waivers from the Landscape Code (LDR Section 4.6.16) can only be granted by City Commission pursuant to Section 4.6.16 (C)(2). These waivers are reviewed by the Boards which act on the attendant site development plans and recommendations are then made to City Commission. The waiver requests are then placed on the City Commission's Consent Agenda for approval. In reviewing the landscape waivers considered by City Commission in the last year it is noted that twelve waiver requests were placed on the City Commission's agenda and all were approved with no discussion. Given the greater familiarity with the request, as well as the additional staff time necessary to prepare City Commission documents etc. it would appear appropriate to allow the Boards which act on the attendant site plans to grant landscape waivers. The City Commission would still maintain ultimate approval as any waiver would be appealab{e by City Commission as with other Board actions. V.K. ANALYSIS; Allowing the Boards which act on the attendant site plans to grant waivers to the landscape code (Section 4.6.16 ) will require amendment of three LDR Sections. These include Sections 2.2.3 , Section 2.2.6 and Section 4.6.16 (C)(2). Sections 2.2.3 and 2.2.6 outline the responsibilities of the Site Plan Review and Appearance Board and the Histodc Preservation Board, respectively. The proposed amendments to these sections will add "granting of relief l~rom the landscape code through the waiver process "as powers of each Board. The proposed amendment to Section 4.6.16 (C)(2) will remove language which currently limits the waiver of the landscape code to City Commission only and will result in a more efficient process. Boards will be required to make the same findings now required of City Commission as listed under Section 2.4.7 (B). Section 2.4.7 (B)(5) requires that pdor to granting a waiver, the granting body shall make a finding that the granting of the waiver: * Shall not adversely affect the neighboring area; * Shall not significantly diminish the provision of public facilities; * Shall not create an unsafe situation; or, * Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. ALTERNATIVE ACTIONS: 1. Continue with direction. 2. Recommend approval of the LDR amendments to Sections 2.2.3., 2.2.6 and 4.6.16. 3. Recommend denial of the LDR amendments with reason stated. ' RECOMMENDED ACTION; By motion, recommend approval of the amendments to Sections 2.2.3, 2.2.6 and 4.6.16 of the Land Development Regulations to the City Commission. Attachments * Proposed LDR amendments Section 2.2.3 .The Site Plan Review and Appearance Board (A) Creation: A Site Plan Review and Appearance Board for the City of Delray Beach is hereby created. The purpose of this Board is to promote certain functional and aesthetic goals, objectives and policies as set forth in the City's Comprehensive Plan. (B) Composition and Special Qualifications: (1) The Site Plan Review and Appearance Board shall consist of seven regular members. (2) One regular member of the Board shall be a registered architect; one member shall be a landscape architect or a person With expertise in landscaping or horticulture; and one member shall be either a~ registered architect or a registered professional civil.engineer. [Amd. Ord. 23-92~' 8111192] (C) Meetings and Quorum: (1) The Site Plan Review and Appearance Board shall hold at least two regularly scheduled business meeting each month with said meetings being duly noticed and held in the evening hours. (2) Four members of the Board shall constitute a quorum. (D) Duties, Powers, and Responsibilities: (1) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: * Certain site and development plans, as provided in this Code * Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(C)(1)(g) * Granting of relief to Section 4.6.16 through the waiver process [Section 2.4.7 (B)_~. * Preliminary and final landscape plans * Master Sign Programs * Signage as allowed by Section 4.6.7 * Appeal of administrative interpretations made in application of the sign code and the landscaping code * Architectural Elevations * Streetscape and Landscape features e.g. walls, fences, lighting, dumpster enclosures, etc. Section 2.2.6 The Historic Preservation Board (D) Duties. Powers. and Responsibilities: (1) Develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Histodc Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. (2) Nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or histodc districts. ? (3) Participate in the National Register program to the greatest possible extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant hereto by the National Park Service and the State Bureau of Historic Preservation (4) Act as a regulatory body to approve, deny, or modify certificates of appropriateness as specified in Section 2.4.6(J). (5) Make recommendations concerning land development code amendments to the Planning and Zoning Board, and conceming building code amendments to the Chief Building Official, as they apply to Historic structures and districts. (6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7 (B)]. (7) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for historic sites and within historic districts. Such guidelines will be subject to review by the Site Plan Review and Appearance Board and the Planning and Zoning Board, and will be subject to approval by the Commission. The Board's consideration and approval of certificates of appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board. Section 4.6.16 Landscape Regulations (C) Compliance and Relief: (1) Compliance: Prior to the issuance of a building permit for structure or any paving permit, or prior to proposed upgrading of landscaping on an existing site (excluding existing single family detached development) compliance with the requirements of this Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). (2) Relief: *Rc!~ef ~"""' *~' ...... ;~'; .... ~= ~';~' ~"~;~"~ ~' ~"~" A~a ..... +h..;=~ +~ grant c .... ; .... ~-~ *~ ' ' ~;~' ~;--;~- A waiver of the'reeuirements of this section may be oranted by the body or Board which is empowered to approve or deny the site and development plan. Waivers.. shall be granted pursuant t0 the provisions Section 2,4,7 (B), Waivers, s:landwav MEMQRA~DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~?~t? SUBJECT: AGENDA ITEM ~ /0'~' - MEETING OF JANUARY 9. 1996 FIRST PUBLIC HEARING & FIRST READING FOR ORDINANCE NO. 1-96 tALL TERRAIN VEHICLES AND PERSONAL WATERCRAFT) DATE: JANUARY 3, 1996 This is first reading and the first of two required public hearings for Ordinance No. 1-96 which amends Section 4.4.9(D) of the Land Development Regulations by adding "Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service" as a conditional use in the General Commercial zoning district. The proposed text amendment is the result of a request from the owner of Turner Outdoor Equipment as part of an expansion plan for his current lawn mower sales and service operation on North Federal Highway. The sale and service of all terrain vehicles (ATV) and personal watercraft are currently allowed only in the Automotive Commercial zoning district, and have been lumped under the categories of sale, lease and rental of recreation vehicles and sale, lease and rental of boats. An argument can be made that ATVs and personal watercraft differ from RVs and boats as they are smaller.and do not require large areas for outside display and storage. The Planning and Zoning Board discussed the request at the November 13th workshop meeting, and voted to initiate an LDR amendment which would allow these uses as a conditional use in the General Commercial district, subject to no outside display, storage or service. In considering the amendment at public hearing on December 19, 1995, the Board voted 4 to 0 to recommend that the text change be approved. Recommend approval of Ordinance No. 1-96 on first reading. If passed, a second public hearing will be scheduled for January 23, 1996. ref :agmemo6 ~ -- O ORDINANCE NO. 1-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, .AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING THE SALE AND SERVICE OF ALL TERRAIN VEHICLES AND PERSONAL WATERCRAFT (WAVERUNNERS, JET SKIS) AS A CONDITIONAL USE; 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 subject matter at its meeting of December 19, 1995, and voted 4 to 0 to forward the change 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 change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(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 an~ Structures Allowed: The following are allowed as conditional uses within the GC District, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a): (1) Adult entertainment establishments (2) Alcohol and drug abuse treatment facilities (3) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty (4) Wash establishments or facilities for vehicles (5) Child care and adult day care (6) Clubs and lodges; social, fraternal, and recreational (7) Communication and transmission facilities (8) Drive-in theaters (9) Flea markets, bazaars, merchandise marts, and similar retail uses (10) Funeral homes (11) Gasoline stations or the dispensing of gasoline directly into vehicles (12) Hotels and motels (13) Free-standing multiple family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this section (14) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks (15) Sales and service of All Terrain Vehicles and personal watercraft Cwaverunners. jet skis), with no outside display. outside storage or outside service (16) f~ Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station (17) f~ Veterinary clinics Section 2, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ 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. - 2 - Ord. No. 1-96 ~_~ That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 1-96 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DI MIN~~OR DEP..~RTMENT OF PLANNIN"G AND ZONING FROM: PAUL DORLING, PRINCIPAL PLANNER SUBJECT: MEETING OF JANUARY 9, '1996 APPROVAL ON FIRST READING OF AN ORDINANCE AMENDING LDR SECTION 4.4.9 (D) ADDING SALES AND SERVICE OF ALL TERRAIN VEHICLES, AND PERSONAL WATERCRAFT (WAVERUNNERS, JET SKIS ) AS A CONDITIONAL USE WITHIN THE GENERAL COMMERCIAL ZONING DISTRICT. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance amending Section 4.4.9 (D) of the Land Development Regulations (Conditional Uses in the General Commercial District) to add personal watercraft and all terrain vehicles as conditional uses. BACKGROUND: The owner of Turner Outdoor Equipment initiated the request as part of an expansion plan for his current lawn mower sales and service operation on North Federal Highway. During discussions with the Planning and Zoning Board the applicant presented arguments that All Terrain Vehicles (ATVs) are similar to lawn mower sales and are utilized as work vehicles for gardening and lawn care. The personal watercraft are similar to other retail items allowed for sale in the GC (General Commercial) zone district. ANALYSIS: The sale and service of both All Terrain Vehicles and personal watercraft are currently only allowed in the AC (Auto Commercial) zone district as permitted uses. These subject uses have been lumped under the categories of sale, lease, and rental of recreation vehicles and sale, lease and rental of boats. An argument can be made that All Terrain Vehicles and personal watercraft differ from Recreational Vehicles (RVs) and boats as they are smaller and do not require large areas for outside display and storage. In considering whether or not to allow these uses within the General Commercial zone district concerns with respect to location of display, storage and service areas must be addressed. Under Section 4.6.6 all uses within a commercial zone are to be conducted in a completely enclosed building. However, an outside display component is normally allowed and is limited to a maximum of 10% of the building square footage [Section 4.6.6 (C)(3)(b)]. It is recommended that with this particular conditional use all outside display and outside storage be prohibited. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board discussed the request at their November 13, 1995 workshop meeting at which time they recommended that a text change be initiated that would allow the new uses as conditional use verses permitted uses. The Planning and Zoning Board considered the LDR text change at their December 19, 1995 meeting. No one from the public spoke on this item and the Board unanimously (4-0) recommended approval. RECOMMENDED ACTION: By motion, approve on first reading an amendment to LDR Section 4.4.9 (D) to add the sale and service of All Terrain Vehicles and personal watercraft (i.e. Waverunners, Jet skis) as a Conditional Use. Attachments * Proposed LDR amendment (D) Ccnditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the GC District pursuant to the provisions of 2.4.5(E): (1) Adult Entertainment Establishments; [Amd. Ord. 55-90 t lit 3190] (2) Alcohol and Drug Abuse Treatment Facilities; (3) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty; (4) Wash establishments or facilities for vehicles; (5) Child Care and Adult Day Care; (6) Clubs and Lodges; social, fraternal, and recreational; (7) Communication and transmission facilities; (8) Drive-in Theaters; (9) Flea Markets, bazaars, merchandise marts, and similar retail uses; [Amd. Ord. 51-92 10127/92] (10) Funeral Homes; (11) Gasoline Stations or the dispensing of gasoline directly into vehicles; (12) Hotels and Motels (13) Free-standing multiple-family housing subject to the require- ments of the RM District except for setback and height requirements which shall be pursuant to this Section; (14) Recreational establishments such as bowling alleys, gym- nasiums, health spas, miniature golf courses, skating rinks; (15) Sales and service of All Terrain Vehicles and personal watercraft ( i.e. Waverunners. Jet Skis) with no outside display, outside storage or outside service. (! 5) (16) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station; (!~) (17) Veterinary Clinics. [Amd. Ord. 14-91 02126/91] MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~Y~'{ SUBJECT: AGENDA ITEM ~ /~'~'- MEETING OF JANUARY 9. 1996 FIRST READING FOR ORDINANCE NO. 2-96 {REZONING THE MILLER DODGE PROPERTY ON NORTH FEDERAL HIGHWAY) DATE: JANUARY 5, !996 This is first reading for Ordinance No. 2-96 which rezones the old Miller Dodge property at 1900 North Federal Highway from AC (Automotive Commercial) to SAD (Special Activities District). As required for SAD zoning, the ordinance provides for the uses which would be allowed on the site as well as for certain landscape and site improvements. It should be noted that a waiver to the 15 ft. perimeter setback requirement is necessary due to the encroachment of existing buildings on the south side of the property. In this instance, the SAD zoning is proposed for a specified time period of three years. The applicants would like to maintain as much flexibility as possible for the future development of the property, having it available for retail and commercial purposes'as well as auto related uses. The intent is to have a permanent tenant established on the property within the three year time frame, after which an application will be submitted to rezone the site to the most appropriate standard zoning classification. This time frame will also allow for the adoption and implementation of the North Federal Highway redevelopment plan which is intended to stimulate interest in the corridor. The Planning and Zoning Board considered this item at public hearing on December 19, 1995, and voted 4 to 0 to recommend that the SAD zoning be approved. The recommended action is: (1) approve the waiver to the required 15 ft. perimeter setback for the south property line; and (2) approve Ordinance No. 2-96 on first reading, 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)(c) of the Land Development Regulations, and policies of the Comprehensive Plan. ref: agmemo 11 ORDINANCE NO. 2-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT IN THE SAD (SPECIAL ACTIVITIES DISTRICT); SAID LAND BEING COMMONLY KNOWN AS THE MILLER DODGE PROPERTY LOCATED AT 1900 NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; ESTABLISHING THE USES ALLOWED FOR THE SUBJECT PROPERTY UNDER THE SAD ZONING; GRANTING SITE PLAN APPROVAL WITH CERTAIN CONDITIONS; PROVIDING FOR AN EXPIRATION DATE OF THE SPECIAL ACTIVITIES DISTRICT ZONING CLASSIFICATION; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A.GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 2.4.5(D), the Planning and Zoning Board reviewed the subject matter at public hearing on December 19, 1995, and voted 4 to 0 to recommend that the request be approved, subject to conditions; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ That the following described property in the City of Delray Beach, Florida, is hereby zoned and established in the SAD (Special Activities District) as defined in Section 4.4.25 of the Land Development Regulations of the City of Delray Beach, to-wit: Begin at the intersection of the North line of Lot 38 of Model Land Company Subdivision of Section 9, Township 46 South, Range 43 East, and the East right-of-way line of Old Dixie Highway, said point of intersection being 30 feet Easterly, measured at right angles, from the East 50 foot right-of-way line of the Florida East Coast Railroad, being the POINT OF BEGINNING; thence Southerly, along the East right-of-way line of Old Dixie Highway, a distance of 326.61 feet; thence in an Easterly direction and parallel to the South line of Lot 38, a distance of 231.05 feet, more or less, to the West right-of-way line of U.S. Highway #! (State Road #5); thence in a Northerly direction, along said West right-of-way line, a distance of 327.16 feet, more or less, to the said North line of Lot 38; thence in a Westerly direction along the North line of said Lot 38, a distance of 231.20 feet, more or less, to the POINT OF BEGINNING; said tract being in Palm Beach County, Florida. The subject property is located at 1900 North Federal Highway; containing 1.72 acres, more or less. ~_~ That the uses allowed for the subject property describea in Section 1, above, pursuant to Section 4.4.25(B) of the Land Development Regulations of the City of Delray Beach, Florida, shall be as follows: (1) Ail uses listed as Principal, Conditional, or Accessory Uses within the GC (General Commercial) zoning district regulations; (2) Ail uses listed as Principal, Conditional, or Accessory Uses within the AC (Automotive Commercial) zoning district regulations, except that the sale of used vehicles is limited as follows: * As an accessory use to an on-site new car dealership; or * As a used car dealership specializing in rare or classic vehicles. (3) Ail uses listed as Conditional Uses must be approved pursuant to LDR Section 2.4.5(E), "Establishment of Conditional Use". ~_~ That the development of and improvements to the subject property described in Section 1, above, shall be as follows: (1) Within sixty (60) days of adoption of the ordinance establishing the SAD zoning on the subject property, all semi-trailers and storage containers are to be removed from the premises. (2) Within one hundred twenty (120) days of adoption of the ordinance establishing the SAD zoning on the subject property, the following improvements shall be made: - 2 - Ord. No. 2-96 * Installation of perimeter landscaping on the east and west borders of the property as provided for in the attached plan; * Upgrades to the existing buildings on site to include plumbing, electrical, and roofing repairs, re-stucco and paint the exteriors, install handicap parking and access, upgrade all site lighting. (3) Establishment of a patio furniture showroom, or the establishment of any use other than accessory uses to DeeCar Patio, will require the installation of site improvements in accordance with an approved site plan which will at a minimum provide for the installation of parking areas in accordance with City codes and standards. (4) Establishment of any Automotive Commercial use is subject to the minimum dimensions provided in Section 4.4.10(F)(2), the Supplemental District Regulations provided in Section 4.4.10(G), and the Special Regulations provided in Section 4.4.10(H) of the Land Development Regulations. (5) Modifications to the approved landscape plan, as well as all new site plans and future modifications, shall be approved by the Site Plan Review and Appearance Board. Section 4. It is the intent of this ordinance that the SAD zoning be applied on an interim basis to allow the site to be marketed for a broader range of uses than is permitted under the AC (Automotive Commercial) or GC (General Commercial) zoning districts alone~ Therefore, unless an extension is granted by the City Commission, this ordinance will expire three (3) years after the date of its adoption. Prior to its expiration, the property owner(s), at their own expense, are to make application to the City to change the zoning to a standard classification such as AC (Automotive Commercial) or GC (General Commercial). ~ 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 i hereof. - 3 - Ord. No. 2-96 ~_~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7 That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 2-96 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: R DEPARTMENT OF PLA'NNIN~AND ZONING SUBJECT: MEETING OF JANUARY9, 1995 CHANGE OF ZONING FROM AC (AUTOMOTIVE COMMERCIAL) TO SAD (SPECIAL ACTIVITIES DISTRICT) FOR THE MILLER DODGE PROPERTY ON NORTH FEDERAL HIGHWAY ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a change of zoning pursuant to LDR Section 2.4.5(D). The subject property is located at 1900 North Federal Highway. The requested change is from AC to an SAD designation that would permit a combination of uses allowed in the AC and GC zoning districts. BACKGROUND: The property has been in a vacant and blighted condition since the late 1980's. The owners of the adjacent property to the north (DeeCar Patio Furniture) have contracted to buy the site, in order to expand their business onto a portion of it. They intend to market the remainder of the site to other businesses. The site is currently zoned AC, and would require a change to GC (General Commercial) for the patio furniture use. However, the owners also want to maintain the ability to market the site for potential automotive uses. The proposed SAD would allow the establishment of uses that are allowed in both the GC and AC zoning districts, with some modification. It would be applied for a period of three years, at which time the owners would need to apply for a standard zoning designation such as AC or GC. A requirement of the SAD would be to make the landscape and site improvements as indicated on the attached site plan and as described within the ordinance. These include the installation of landscape buffers along Dixie and Federal Highways, and the upgrading of the existing buildings. It was noted that a waiver to the 15' perimeter setback requirement is necessary due to the encroachment of existing buildings on the south side of the property. The attached ordinance provides a more detailed description of the uses and development standards that would apply to this SAD. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board Considered this item at its meeting of December 19, 1995. There was no public testimony regarding the rezoning, however, the Board was notified that several property owners in the North Federal area had phoned the Planning Department expressing their support for the planned improvements. The Board voted unanimously (4-0) to recommend approval of the change to SAD, subject to clarification of language regarding allowable conditional uses. RECOMMENDED ACTION: o By motion, approve the waiver to the required 15' perimeter setback for the south property line. o By motion, approve the'rezoning of the Miller Dodge property from AC to SAD, based upon positive findings with respect to LDR Section 3.1.1, Required Findings, Section 3.3.2, Standards for Rezoning Actions, and Section 2.4.5(D)(5)(c), Valid Reason for Rezoning, and policies of the Comprehensive Plan. Attachments: · P & Z Board Staff Report · Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 19, 1995 AGENDA ITEM: V.F. ITEM: Rezoning from AC (Automotive Commercial) to SAD (Special Activity District)-to accommodate a combination of general commercial and automotive uses, located on the west side of N. Federal Highway, approximately 3,000 feet south of Gulfstream Boulevard. GENERAL DATA: ......................... Wendell H. Miller Miller Associates Agent ................................. Pat Carbone Dee Car Patio Shops Location ............................ West side of N. Federal Highway, approximately 3,000 feet 'south of Gulfstream Boulevard. Property Size ..................... 1.72 Acres Land Use Map ....... General Commercial Current Zoning .................. AC (Automotive Commercial) Proposed Zoning ............... SAD (Special Activity District) Adjacent Zoning ...... North: GC (General Commercial) East: RM (Medium Density Residential) South: GC West: RM Existing Land Use ............ Vacant former automobile dealership. Proposed Land Use .......... Rezoning from AC (Automotive Commercial) to SAD (Special Activity District) to accommodate a combination of general commercial automotive uses Water Service ................... Existing 12"- water main in Federal Highway. Sewer Service ................... Existing 8" sewer main in Dixie Highway. V.F. The action before the Board is making a recommendation on a rezoning request from AC (Automotive Commercial) to SAD (Special Activities District) for the old Miller Dodge property. The subject property is located at 1900 North Federal Highway, between North Federal Highway and Dixie Highway immediately north of the Arrow Trailer Park. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. The subject property consists of two unplatted parcels bordered on the west by Dixie Highway and on the east by Federal Highway. Prior to 1985, an automobile dealership (Miller Dodge) occupied the site, which was located partially in the City and partially in unicoprporated Palm Beach County. The use was nonconforming under the City's GC (General Commercial) zoning district. In early 1985, the unincorporated portion of the propery was annexed into the City and the entire site was rezoned to SC (Specialized Commercial). In December of 1988, Miller Dodge vacated the premises, and the buildings have since remained vacant. In April of 1991 conditional use approval was granted for the establishment of an auto repair facility (JBA Motorcars, Inc.). This facility was a full service vehicle repair operation that would specialize in the modification of foreign cars_Lo meet U.S. emissions standards. In April of 1992, SPRAB approved a site plan for the facility, which proposed facade alterations and the installation of a new parking lot and associated landscaping. The site plan approval was subject to a number of conditions, two of which (dedication of 10' along Dixie Highway and the requirement to install Type "D" curbing around landscaped areas) were appealed to the City Commission by the applicant. The City Commission voted to deny the appeal. The owner of JBA Motorcars, who had a contract to purchase the property, proceeded with the renovation of the structures. A dispute arose with the property owner, and the contract was terminated. The site was left in a blighted condition, and has remained that way ever since. P&Z Staff Report Rezoning from AC to SAD for the Miller Dodge Property Page 2 The development proposal is to rezone the Miller Dodge property from AC (Automotive Commercial) to SAD (Special Activities District), for a specified time period. The property is under contract to the owners to the north, who operate a patio furniture sales and refinishing operation. They plan to redevelop the site either by extending their existing building south onto the subject property, or building a new retail/commercial center. However, their immediate objective is to expand the refinishing aspects of their existing business into the buildings on the Miller Dodge property. The property is currently zoned for automotive uses, including new and used car sales, automotive repair, etc. In order to expand the patio business onto the site, a rezoning to GC is required. However, as currently proposed, that business would occupy only a portion of the property. The remainder of the site will be marketed to other tenants. The applicants would like to maintain as much flexibility in the future development of the property, having it available for retail and commercial purposes, as well as auto related uses. There are no zoning districts that permit that range of uses, therefore, the SAD zoning is being requested. As proposed, the SAD will allow all of the uses permitted in both the GC and AC zoning districts, with certain limitations on the sale of used cars. A sketch plan accompanies the submission, which provides for the initial improvements that are to be made to the site. The SAD is proposed as a temporary zoning, until such time that a permanent tenant is established on the property, for a maximum of three (3) years. This time frame will also allow for the adoption and implementation of the North Federal Highway plan, which is intended to stimulate interest in the corridor. The attached exhibit provides the details of the proposed SAD ordinance. REQUIRED FINDINGS: (Chapter 31: Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. P&Z Staff Report Rezoning from AC to SAD for the Miller Dodge Property Page 3 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 General Commercial. The requested zoning change is to an SAD designation that will allow uses as permitted in the AC and GC zoning districts, both of which are consistent with the General Commercial Future. Land Use designation. Based upon the above, positive findings can be made with respect to this section. Concurrency: Facilities which are provided by, or through, the City shall be pr.o_v, ided 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. Streets and Traffic: With all rezoning requests, traffic inforroation is required which addresses the development of the property under reasonable intensity pursuant to the existing and proposed rezoning. The existing and proposed zonings are of similar intensity, therefore a potential increase in traffic is not anticipated to result from the rezoning action itself. Additional traffic information will be required when a specific development proposal for the property is submitted. Water/Sewer: The proposed development will accommodate uses of similar intensity to currently approved uses and is anticipated to have similar water consumption and sewer generation rates. Water service is available from an existing 12" main along Federal Highway; sewer service can be obtained by connecting to an existing 8" main that runs along Dixie Highway. Parks and Recreation: Park dedication requirements apply to residential uses and therefore do not apply to the existing AC zoning districts or the proposed SAD zoning district. Solid Waste: The zoning change is to a category of similar intensity and therefore is anticipated to create similar solid waste generation. Solid Waste Authority indicates in its annual report that the established level of service standards for solid waste will be met for all developments which have been accounted for in their Comprehensive Plan. P&Z Staff Report Rezoning from AC to SAD for the Miller Dodge Property Page 4 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.$(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. Section 3.3.2 (Standards for Rezonin.q Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is bordered by the following zoning designations and uses: Direction Zoning Uses North GC Dee-Car Patio Furniture West CF and RM Vacant site for future water , storage tank; duplexes South GC Arrow Trailer Park East RM Vacant; approved for townhouses There are no compatibility concerns noted with the surrounding uses. The combination GC/AC allowed uses are similar in intensity to other uses_in this section of North Federal Highway. Rezoning the site to allow for its redevelopment will enhance adjacent uses. Section 2.4.5(D)(5) (Rezonin; Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; P&Z Staff Report Rezoning from AC to SAD for the Miller Dodge Property Page 5 b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The applicant submitted a justification statement as a part of the rezoning application. The statement indicates that the applicable reason is "c". The justification statement is provided below: "The applicant is requesting a change in the zoning of this property from (AC) to (SAD) with (GC) and (AC) designations. This request is of similar intensity as allowed under the Future Land Use Map and it is more appropriate for the property based upon circumstances particular to the site and the neighborhood. The subject parcel has been vacant in excess of five years and has several deteriorated buildings on it. The requested · zoning would promote redevelopment of the North Federal Highway corddor by providing commercial and general retail uses which are more compatible with and will directly benefit the surrounding neighborhood. The current A C zoning given the size of the parcel is too limiting to allow for development of the parcel." The existing AC zoning allows for a wide range of automotive related uses, including sales, rental and repair. The added uses that will be allowed through the application of the SAD will include retail, service, and office type uses. All of these uses are typical of others in this corridor, and are appropriate given the General Commercial land use designation and the surrounding uses. The reason for providing this level of flexibility is to encourage the redevelo~r~ent of an extremely blighted site. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Future Land Use Element Policy C-1.6, in summary (see attached copy for complete policy), designates the North Federal Highway Corridor as a blighted area. It calls for the preparation of a corridor improvement program that will, among other objectives, promote the improved appearance of the area, provide for economic stimulation and investment in the area, and identify appropriate uses for parcels adjacent to Dixie Highway and the FEC railroad tracks. P&Z Staff Report Rezoning from AC to SAD for the Miller Dodge Property Page 6 The Miller Dodge property is one of the most blighted properties in the North Federal area. Rezoning it to SAD on a temporary basis in order to stimulate private investment in upgrading its appearance is consistent with the above referenced policy, which was adopted with Comprehensive Plan Amendment 95- 2. Preparation of the corridor plan described in the policy is underway. One of the main elements of that plan will be to provide flexibility for the use of sites adjacent to Dixie Highway, in order to encourage investment in and redevelopment of the corridor. Upgrading of the Miller Dodge property will go a long way toward achieving that objective. OTHER ISSUES Site PJ~ Requirement: Pursuant to LDR Section 4.4.25, SAD Review and Approval Process, all SADs are to be accompanied by a full site plan for the development of the property, including preliminary engineering and .landscape plans. At this time the applicants are unsure of the ultimate use and development of the property. In lieu of a full site plan, they have submitted a landscape plan for the east and west perimeters of the property, as well as a description of planned building improvements. The SAD ordinance will state that a full site plan must be submitted for approval by SPRAB in conjunction with any new development, or upon the occupation of the existing buildings on the site by any use other than Dee-Car Patio Furniture. Perimeter Setbacks for SADs Pursuant to LDR Section 4.4.25(D)(1), a minimum setback of 15 feet shall be established around the perimeter of any property developed under the SAD designation. The front and side street setbacks must be a landscalSe-d area within which no pavement shall be allowed except for pedestrian ways and driveways. The landscape plan shows a 15' landscaped setback along Federal Highway, which complies with the requirement for the front setback. The 15' building setback requirement is not met on the south side of the property, where structures exist along the property line. These buildings comply with the current AC zoning district regulations, which do not require any interior side setback. It should also be noted that they comply with the requirements of the GC district, which also allow a zero interior side setback. The 15' setback requirement is also encroached upon to a minor degree at the southwest corner of the property, where a portion of the building is only 14' from the rear property line. This setback conforms with the 10' rear setback requirement of both the AC and GC P&Z Staff Report Rezoning from AC to SAD for the Miller Dodge Property Page 7 zoning districts. However, with the required 10' dedication of right-of-way along Dixie Highway, the building setback will range from 4' on the north end to approximately 19' on the south end. When the SAD zoning is applied, the existing interior side setback will become nonconforming, which will limit the potential for the expansion or improvement of the structures. As the zero interior side setback is consistent with the AC and GC zoning districts and is therefore typical of development standards in the North Federal area, the requirement for a 15' interior side setback should be waived. With regard to the rear setback, the nonconformity is being created as a result of a right-of-way dedication, and would occur regardless of the zoning designation. It should not affect the applicant's ability to improve the structure. Ri,qht'~f Way Dedications Federal Highway: According to the County's Thoroughfare Map and the City's Comprehensive Plan, the ultimate right-of-way for Federal Highway in the subject area is 120 feet. Currently only 100' is provided. Technically, the applicants should be required to provide'an additional 10' of right-of-way along the front portion of the property. It is noted that the Department of Transportation has developed plans for the improvement of North Federal Highway which include resurfacing, a reduction in median cuts, and provision of bikeways. All of the improvements are to be accommodated in the existing 100' right of way. The widening of North Federal Highway is not included in any of the County's improvement programs, nor has it been seriously contemplated. In light of this, it would be acceptable at this time to require that the applicants reserve rather than dedicate the right-of-way. Reserving the right-of-way means the Property will be available to the state if needed for future widening. Dixie Highway: There is also a need for 10' of right-of-way along Dixie Highway. Previously the ultimate right-of-way in this area was 80'. Given the limited use of the road, that width has been reduced to 40', which is minimal. Presently only 30' of ROW exists along the subject property. Additionally, part of the Dixie Highway pavement encroaches into the FEC right-of-way to the west. In order to ensure that the minimum right-of-way is available for this road section, a 10' dedication is required. Storage of Semi-Trailers There are currently several semi-trailers parked in the northwest quandrant of the property, which are being used for storage of furniture. The SAD provides for the removal of these trailers within 60 days of the approval of the zoning. P&Z Staff Report Rezoning from AC to SAD for the Miller Dodge Property Page 8 Landscape Plan Technical Comments The proposed landscaping along Federal Highway includes a silver buttonwood hedge and 12' Laurel Oak trees planted 25' on center. Along Dixie Highway, a 10' wide area planted with ficus hedge and Laurel Oak trees is proposed. The existing ficus hedge at the north end of the property is to be trimmed and/or replanted as necessary. The following revisions to the plan must be made prior to City Commission consideration of the rezoning: 1) The plans must indicate that the landscaping along Dixie Highway is to be planted out of the area that is to be dedicated for right of way. In addition, the existing chain link fence is to be relocated to the eastern edge of the ...-10' landscaped strip, with the hedge planted against the fence. 2) The paved area at the southeast corner of the site is to be a landscaped area. 3) The trees along Federal Highway are to be planted toward the interior of the landscape strip. 4) Any exotic species on site are to be removed. 5) Indicate existing access points along Dixie Highway on the plans. Community Redevelopment Agency The CRA considered the rezoning at its meeting of December 14, 1995: The CRA supported the proposal, but recommended that the required improvements include patching and sealcoating the existing asphalt surface. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Courtesy notices have been sent to: 1) Al Brook: La Hacienda Subdivision 2) Deborah Dowd: Northeast Neighborhood 3) Stanley Milosky, Loren Sheffer, and Robert Dittman: North Federal Highway Task Force P&Z Staff Report Rezoning from AC to SAD for the Miller Dodge Property Page 9 Letters of objection or support, if any, will be presented at the P & Z Board meeting. The rezoning to SAD to allow a combination of uses permitted in other districts is unconventional, and under normal circumstances would probably not be contemplated. This proposal, however, deals with an extremely blighted site in an area 'that is slated for redevelopment. Any reasonable measure to accelerate the improvement and redevelopment of the site deserves consideration and a flexible approach. The SAD zoning will continue to allow the auto related uses that are currently permitted, as well as general commercial type uses. It will require the immediate upgrading of the site by the installation of perimeter landscaping and exterior improvements to the building. Future development of the site will be accomplished through the submission of a full site plan. A. Continue with direction. B. Recommend rezoning of the Miller Dodge property from .AC to SAD, based on positive findings with respect to Section 2.4.5(D)(5)(c) (Rezoning Findings), Section 3.1.1, the performance standards of Section 3.3.2, and policies of the Comprehensive Plan. C. Recommend denial of a rezoning from AC to SAD for the Miller Dodge property, based on a failure to make positive findings with respect to Section 2.4.5(D)(5), that the request does not fulfill one of the reasons for which a rezoning may be granted. P&Z Staff Report Rezoning from AC to SAD for the Miller Dodge Property Page 10 By separate motions: A. Recommend a waiver of the 15' perimeter setback requirement for the south property line. B. Recommend approval of the rezoning of the Miller Dodge property from AC to SAD, based on positive findings with respect to LDR Section 3~'1.1, (Required Findings), Section 3.3.2 (Standards for Rezoning Actions) and Section 2.4.5(D)(5)(c) (Valid Reason for Rezoning), and policies of the Comprehensive Plan. The above recommendation should be made subject to the condition that prior to City Commission consideration of the rezoning, a revised plan is submitted that addresses items 1-5 under the "Landscape Plan Technical Items" section of this report. Attachments: · Proposed SAD Ordinance Language · Sketch/landscape Plan · Future Land Use Element Policy C-1.6 · Location Map · Zoning Map SAD ORDINANCE The following language is to be included in the ordinance that establishes the SAD zoning for the Miller Dodge property: (Section 1 provides the legal description to which the SAD zoning will be applied) Section 2 The uses allowed for the subject property pursuant to Section 4.4.25(B) of the Land Development Regulations of the City of Delray Beach, Florida, shall be as follows: 1. All uses permitted as Principal, Conditional, or Accessory Uses within the GC (General Commercial) zoning district; 2. All uses permitted as Principal, Conditional, or Accessory Uses within the AC (Automotive Commercial) zoning district, except that the sale of used vehicles is' limited as follows: , As an accessory use to an on-site new car dealership; or · As a used car dealership specializing in exotic or vintage vehicles. Section 3 The development of and improvements to the subject property shall be as follows. 1. Within 60 days of adoption of the ordinance establishing the SAD zoning on the subject property, all semi-trailers and storage - - containers are to be removed from the premises. 2. Within 120 days of adoption of the ordinance establishing the SAD zoning on the subject property, the following improvements shall be made: · Installation of perimeter landscaping on the east and west borders of the property as provided for in the attached plan. · Upgrades to the existing buildings on site to include plumbing, electrical, and roofing repairs, re-stucco and paint the exteriors, install handicap parking and access, upgrade all site lighting. 3. Establishment of a patio furniture showroom, or the establishment of any use other than accessory uses to DeeCar Patio, will require the installation of site improvements in accordance with an approved site plan which will at a minimum provide for the installation of parking areas in accordance with City codes and standards. 4. Establishment of any Automotive Commercial use is subject to the minimum dimensions provided in Section 4.4.10 (F)(2), the Supplemental District Regulations provided in Section 4.4.10 (G), and the Special Regulations provided in Section 4.4.10 (H) of the Land Development Regulations. 5 ....Modifications to the approved landscape plan, as well as all new site plans and future modifications, shall be approved by the Site Plan Review and Appearance Board. Section 4 It is the intent of this ordinance that the SAD zoning be applied on an interim basis to allow the site to be marketed for a broader range of uses than is permitted under the AC or GC zoning districts alone. Therefore, unless an extension is granted by the City Commission, this ordinance will expire three years after the date of its adoption. Prior to its expiration, the property owner(s), at their own expense, are to make application to the City to change the zoning to a standard classification such as AC (Automotive Commercial) or GC (General Commercial). ~. Thin the "Village Center'scenario. Commensurate with t~'s activity, the City all, if necessary, rezon'~ropriate properties. X~ DELETION ~ ~ is policy was accomplishe~:~hrough the adopt~he C~tral Business D~ict- Railroa~~or ~BD-~) zoning district. Se~upp~ Document ~ l~anspodation Concurren~ ~eption Area~ additional ~ Lo~tion: Pg. III-G-27, N~licy C-!.6 X The following pertains to the North Federal HighwaY Corridor: The North Federal Highway Corridor is defined as the area bounded by the FEC railroad right-of-way to the west. the Intracoastal WatenNay. and the town of Gulfstream. to the east, George Bush Boulevard to the south, and the north City limits to the north. Properties in the corridor that front on Federal Highway pdmadl.y contain small- scale, strip commercial development. Many parcels in. the area contain vacant or dilapidated.structures, substandard parking, and substandard landscaping, The area also contains residential areas identified as "Stabilization" and "Stabilization and Revitalization" on the Residential Neighborhood Categorization Map contained in the Housing Element. Many of the remaining parcels in the area are currently vacant. - - Due to those conditions, the North Federal Highway corridor is hereby identified as a blighted area, The CRA will be the lead agency for the preparation of. an Improvement Program for the North Federal Highway Corridor, The City, through it~ Planning and Zoning Department will provide support and assistance to the CRA in the preparation of the North Federal Highway .Corridor Improvement Program, The program will. at a minimum address the following issues: Improvement of the appearance of the area Identification of appropriate uses for parcels adjacent to Dixie Highway and the FEC railroad tracks.. Page 20 · __ Identification of and strategies for the elimination of inappropriate and marginal uses · _.. Provision for increases in permitted residential densities adjacent to the Intracoastal Waterway ! · __ Directing smaller business operations to more concentrated areas' · __ Providing .economic stimulation and investment in the area , ,__ Creation of jobs +_.. Stabilization and preservatiol3 of residerltial neighborhoods through new development, redevelopment and the elimination of blight The plan will be completed in FY 95~96, ._ Comment: See Support Document # 4 (North Federal Highway Corridor) for a t complete discussion of this item. I ~ ~ The City, though its Planning l~partment, shall prepare at least two ~ - redevelopment~lans each year corhq~encing in FY 91/92. Plans for the i ,_ redevelopment a¥~as shall be prepare~i~in the following priority and shall comply with the pol'icjes and activities set fO~h in this objective: (b2) ''- e~en nton A~nu [ '. 1. Atlantic Avenue b 1-95 and Swi e _ , _ 2. Germantown Road Ind~trial Area- 3. The vicinity of Lindell and,~:ederal Highway 4. Silver Terrace Subdivision ~X, - 5. S.W. 4thAvenue, n rthofLin't~Boulevard -L_ Change: REVISION o - The City, through ~shall prepare at leas'k~two -t~ redevelopment plan~mmencing i~FY 91/92. Plans for't~e redevelopment area~ in the f~owing priority and sh~ll ~ comply with the policies and activities set forth in this~objective: (b2) - I..... Page 21 lt. cc,~OOu --R-l-AA BOR TON VOL VO K.F.C. ST. / M..~ DELRA Y SWAP SHOP N.E. 20TH ST. S*IRE£T RM ELEMEN TAR Y SCHOOL CF N.E. 17TH PALM BLVO. M.S.A. N, E. 16TH 15~ L~E A~NUE N. AVENUE U~. ST. LAKE AV[NUE $. N ~ REZONING PLANNING DEPARTMENT OTY ~ D~LRAY BEACH, FL M E M O R A N D U M :" TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~I SUBJECT: AGENDA ITEM ~ J~.~'- MEETING OF JANUARY 9 1996 FIRST READING FOR ORDINANCE ~O. 3-96 CREZONING TRACTS L-2. AND A PORTION OF TRACT ~, CONGRE~ PARK SOUTH) DATE: JANUARY 4, 1996 This is first reading for Ordinance No. 3-96 which rezones Tract A, a portion of Tract R (Commerce Drive), and Tract L-2 (common landscape area) of Congress Park South from PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial) District. The subject property is located within the southeast corner of Congress Park South, which is south of Atlantic Avenue on the west side of Congress Avenue. The existing land use is a 77,800 sq.ft, warehouse and office structure with associated parking and landscaping. This is a City-initiated rezoning to accommodate the existing industrial building which became non-conforming under the PCC zoning when Levenger rezoned its project from PCC to MIC in October, 1995. The Planning and Zoning Board considered this item at public hearing on December 19, 1995, and voted 4 to 0 to recommend that the rezoning be approved. Recommend approval of Ordinance No. 3-96 on first reading, based upon positive findings with respect to LDR Sections 3.1.1 and 2.4.5(D)(5) (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and policies of the Comprehensive Plan. If passed, a quasi-judicial/public hearing will be scheduled for January 23, 1996. ref:agmemol5 ORDINANCE NO. 3-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT IN THE MIC (MIXED ,INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING TRACT A, TRACT L-2, AND A PORTION OF TRACT R, CONGRESS PARK SOUTH REPLAT, LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned FCC (Planned Commerce Center) District; and WHEREAS, at its meeting of December 19, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 4 to 0 to recommend approval of the rezoning, 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: ~_~ 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 MIC (Mixed Industrial and Commercial) District for the following described property: Tract A, Tract L-2, and that portion of Tract R lying adjacent to the east and south property lines of said Tract A, CONGRESS PARK SOUTH REPLAT, recorded in Plat Book 71, Page 190, of the Public Records of Palm Beach County, Florida. The subject property is located south of Atlantic Avenue on the west side of Congress Avenue; containing 5.35 acres, more or less. ~ 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. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5, That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 3-96 DELRA Y SOU TH COUNTY ADMINISTRA TI VE PARK COMPLEX BEACH OSR MIC ~° SAFEWAY SELF TORA GE --PCC MIC GOLF R-l-AA DELRA Y COLD COURSE S TORA GE N CONGRESS PARK SOUTH ~,...~ ,~...,,,~., TRACT - A- CiTY OF DEI.RAY ~EACH, FL -- O/GC/'At ~ MAP St'SI'EM -- CITY COMMISSION DOCUMENTATION THRU: I ECTOR DEPARTMENT OF PJ.&NNING AND ZONING SUBJECT: MEETING OF JANUARY9, 1996 APPROVAL ON FIRST READING OF A CITY INITIATED REZONING FROM PCC (PLANNED COMMERCE CENTER) TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) FOR TRACT A, A PORTION OF TRACT R (COMMERCE DRIVE), AND TRACT L-2 (COMMON LANDSCAPE AREA OF CONGRESS PARK SOUTH ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance for a City initiated rezoning request from PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial) for Tract A, a portion of Tract R (Commerce Drive), and Tract L-2 (common landscape area) of Congress Park South, which contains approximately 5.35 acres. The subject property is located south of Atlantic Avenue on the west side of Congress Avenue. Tract A is located within the southeast corner of Congress Park South. BACKGROUND: On October 24, 1995 the City Commission approved the rezoning of 14.62 acres from PCC (Planned Commerce Center) and LI (Light Industrial) to MIC (Mixed Industrial and Commercial) for a portion of Congress Park South associated with the future expansion of the Levenger warehouse. This rezoning left Tract A and Tract E of Congress Park South with a zoning designation of PCC. As neither tract is appropriately zoned (does not contain appropriate uses nor meet minimum size requirements of the PCC), the Planning and Zoning Board initiated a rezoning of these tracts to OSR (Tract E) and MIC (Tract A). The rezoning of Tract A from PCC to MIC is the subject of this request, and Tract E is also before the Commission as a separate agenda item. City Commission Documentation Rezoning from PCC to MIC for Tract A of Congress Park South Page 2 ANALYSIS: The proposal is a City initiated rezoning from PCC to MIC for Tract A, a portion of Tract R (Commerce Drive) and Tract L-2 (common landscape area) located within the Congress Park South development. The parcel contains an existing industrial and warehouse building which became non-conforming with respect to the required land area of a PCC (10 acre minimum), perimeter landscape buffers, and the Light Industry component encompasses more than 50% of the total land area within the remaining portion of the PCC. The change to the requested zoning will allow the industrial building to become conforming under the MIC zone district. Additional background and analysis of the request can be found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its December 19, 1995 meeting. No one from the public spoke on this item and the Board unanimously (4-0) recommended approval. RECOMMENDED ACTION: By motion, approve on first reading an ordinance rezoning Tract A, a portion of Tract R, and Tract L-2 of Congress Park South from PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial), based upon positive findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: P&Z Staff Report and December 19, 1995 Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 19, 1995 AGENDA ITEM: V.B. ITEM: City Initiated rezoning from PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial) for Tract "A," Tract "L-2," and portions of Tract "R," Congress Park South, located on the west side of Congress Avenue, south of Atlantic Avenue. Applicant ......................... David Harden, City Manager City of Delray Beach ~[ \ ~ ~'~[-~"Es~ i - FuturePropertyLocation Land ................... SiZeuse .................. Map : On the west side of Congress ...... ..... Avenue, 5.35 Commerce acres south of Atlantic , Avenue.:~ )1 [~.,..,: ,., Current PCC (Planned Commerce Center) Zoning ................ ./ Proposed Zoning ............ MIC (Mixed Industrial and Commercial) A = - Adjacent Zoning .... North: MIC East: MIC South: OSR (Open Space and i Recreation) West: MIC , Existing Land Use .......... Existing 77,800 square foot warehouse and office structure with associated parking,landscaping. Proposed Land Use ........ City initiated rezoning of the = subject parcels to MIC. Water Service ................. Existing on site. Sewer Service ................ Existing on site. The action before the Board is making a recommendation on a rezoning request from PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial) for Tract A, a portion of Tract R (Commerce Drive), and Tract L-2 (common landscape area) of Congress Park South, which contains approximately 5.35 acres. The subject property is located south of Atlantic Avenue on the west side of Congress Avenue. Tract A is located within the southeast corner of Congress Park South. Pursuant to Section 2.2.2(E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. On May 24, 1983, the City Commission approved a land use change, rezoning from PRD-4 to PCC, Conditional Use, and Site Plan for Congress Park South. The development proposal included four office research and light industrial buildings with a total of 230,190 square feet. In 1986, one of the buildings was constructed on Tract A along with the internal roadways and underground infrastructure throughout the park. As these improvements constituted more than 25% of the total project, the project was considered vested. At its meeting of April 13, 1993, the City Commission approved a change in zoning from PCC to LI for 12.4 acres (approximately the western half) of Congress Park South to accommodate a distribution and warehouse development for Levenger's In May of this year, Levenger's discussed with the Planning Department a.p_[oposal to expand their existing facility. The expansion includes increasing the size of the existing facility by 99,000 square feet to accommodate additional warehouse space on Tract B, and a free standing 58,000 square foot pavilion on Tract D, that would contain a retail component. In order to accommodate the expansion, proposed uses and provide a unified development for Levenger, the Planning and Zoning Board at its October 16, 1995 meeting recommended to the City Commission a change in zoning from PCC (Planned Commerce Center) and LI (Light Industrial) to MIC (Mixed Industrial and Commercial) for Tracts B, C, and D at Congress Park South. It was also identified in the rezoning staff report that Tract A with PCC zoning would be non-conforming with respect to the required land area of a PCC (10 acre minimum), perimeter landscape buffers, and because the Light Industry component would encompass more than 50% of the total land area within the remaining portion of the PCC. Thus, the Planning and Zoning Board initiated a rezoning of Tract A from PCC to MIC. At its meeting of November 7, 1995, the City Commission upon the second reading of the Ordinance rezoned Tracts B, C, and D from PCC to MIC. P&Z Staff Report Rezoning from PCC to MIC for Tract A of Congress Park South Page 2 The owners of Tract A are in favor of the change in zoning to MIC. However, they questioned language found in the MIC zone district under the category of permitted uses entitled 'Business Services', that such uses are permitted to the extent that the floor area for office use is limited to 25% of the floor area whether it is accessory to the industn'al use or not. The existing 77,800 square foot structure contains approximately 27,000 square feet or 35% of the floor area devoted to offices. These offices are accessory to the primary industrial use and could become non-conforming if the property is rezoned. The Planning Director's interpretation of the code is that only the separate office uses listed in Sections 4.4.19(B)(2) Finance, Insurance, and Real Estate Services, and (3) Business Services within the MIC zone district [see attached Exhibit ^ for exact language], which are listed under distinct use categories are subject to the 25% limitation in floor area. Office uses that are associated with an industrial use (accessory use) would not be subject to the 25% limitation. This interpretation is consistent with language found in the I (Industrial) zone district wherein it states under Accessory Uses and Structures Permittec~: business offices are allowed as an accessory use to the primary industrial *Use. It is also consistent with the current implementation of the MIC district regulations throughout the City. Rezoning Tract A and the associated access tract and common landscape area from PCC to MIC is the action now requested of the Board. ~i~::~!~!~-'-:-..:i~i~':..'.~:."*-:".*~!~:.~ ~?~-:i~..."~-:!~::-:~-:.':~i~!.:-"..'.".,~.:,,.',i~i~ ................ ~:?:'":i~i.:i':':':':':-:?:':*::i'i':'~i~:':'::~ ....................... i!i:':':':~ ................. The rezoning request is to accommodate an existing industrial building which became non-conforming under the PCC zoning when Levenger rezoned its project from PCC to MIC. REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. P&Z Staff Report Rezoning from PCC to MIC for Tract A of Congress Park South Page 3 The current Future Land Use designation for the subject property is Commerce. The requested zoning change is from PCC to MIC. The proposed zoning designation of MIC is consistent with the Commerce Future Land Use designation. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. These levels of service involve Streets and Traffic, Water and Sewer, Parks and Recreation, Solid Waste and Drainage. As stated in the background section of this report, Tract A is vested with respect to levels of service established within the Comprehensive Plan. 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. Section 3.3.2 (Standards for Rezoninq Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is bordered to the north and west by MIC (Mixed Industrial and Commercial) zoning, to the south by OSR (Open Space and Recreation - municipal golf course), and the east by RM (Medium Density Residential) and MIC zoning (located on the east side of Congress Avenue). There are no compatibility concerns noted with the municipal golf course located to the south of the subject property or the proposed Levenger's facilities to be located to the west and north of the subject property. VVith the rezoning of Tract A, all the tracts within Congress Park South will be zoned MICo Congress Park South will still function as a unified development through an existing Property Owner's Association which already has agreements in place for common maintenance, cross access, etc. Existing landscaping will buffer the residential development to the east, which has not experienced any notable compatibility problems with the existing building to date. The MIC zone district allows similar uses to the PCC zone district (industrial, office, and limited commercial) with fewer limitations i.e. no restrictions with respect to required P&Z Staff Report Rezoning from PCC to MIC for Tract A of Congress Park South Page 4 land area, percentages of uses verses land area, etc. The MIC zone district also allows more intense uses such as monument and ornamental stone cutting, resource recovery facilities, and storage and rental of light construction equipment as conditional uses. However, no concerns are noted in this case, as the rezoning is being applied to an existing building that was specifically constructed for office and industrial uses. Section 2.4.5{D)(5) CRezonin~ FindinQs): 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 appropriate for the property based upon circumstances particular to the site and/or neighborhood. The justification for the City initiated rezoning is reason "b'. Rezoning the other tracts within Congress Park South to MIC caused Tract A to become non-conforming with certain aspects of the PCC zoning. The current and proposed uses in Tract A will be conforming under the MIC zone district. Thus, there has been a change in circumstances which makes the current zoning inappropriate. The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Courtesy notices have been sent to: · PROD · Golf View Condominiums P&Z Staff Report Rezoning from PCC to MIC for Tract A of Congress Park South Page 5 Letters of objection, if any, will be presented at the P & Z Board meeting. The City initiated rezoning of Tract A of Congress Park South from PCC to MIC will eliminate a non-conforming PCC district which resulted from the rezoning of the Levenger property. The existing and proposed uses in Tract A will be conforming under the MIC zoning. The MIC zoning district is consistent with the Commerce FLUM designation. Required positive findings with respect to Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1, and the Performance Standards of Section 3.3.2 can be made. Based on the above, the proposed rezoning of Tract A in Congress Park South is recommended for approval. A. Continue with direction. B. Recommend approval of the City initiated rezoning for Congress Park South Tract A from PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial), based upon positive findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.'4.5(D)(5). C. Recommend denial of a rezoning Congress Park South, based on a failure to make positive findings. ........................ ,.......,. .................................... ......... ...... ................ ................................... Recommend approval of the City initiated rezoning of Tract A, a porJion-~f Tract R (Commerce Drive), and Tram L-2 (common landscape area) of Congress Park South from PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commercial), based upon positive findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachment: · Location Map · Exhibit A P&Z Staff Report Rezoning from PCC to MIC for Tract A of Congress Park South Page 6 EXHIBIT A Section 4.4.19 Mixed Industrial and Commercial (MIC) District:. (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, repair and wholesale of items and other uses as permitted at Section 4.4.20(B). (2) Finance, Insurance, and Real Estate Services. Finance, insurance, and real estate services as a secondary use within any one building, but only to the extent that the floor area for the named uses (either accessory to an industrial use or not) shall not exceed 25% of the floor area of the total building. (3) Business Services. Business services as a secondary use within any one building, but only to the extent that the floor area for all office uses (either accessory to an industrial use or not) shall not exceed 25% of the floor area of the total building. Such uses shall include, but not be limited to: a) Accounting and bookkeeping services ' b) Advertising services c) Architectural and engineering services d) Computer and data processing services e) Correspondence and voca{ional schools f) Credit reporting and collectiOn g) Detective and protective services h) Legal services ~ E MO RAND UM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~ '~'- MEETING OF. JANUARY 9. 1996 ~IRST READING FOR O~DINANCE NO. 4-96 CREZONING TRACT CONGRESS PARK SOUTH) DATE: JANUARY 4, 1996 This is first reading for Ordinance No. 4-96 which rezones Tract E of Congress Park South from PCC (Planned Commerce Center) to OSR (Open Space and Recreation). The subject property is located at the southwest corner of Congress Park South, which is south of Atlantic Avenue on the west side of Congress Avenue. The proposed rezoning is a City-initiated corrective action to apply an appropriate zoning classification. The property contains an existing building which was converted to and is used as the maintenance shed for the municipal golf course. It is owned by the City, the tract having been donated to the City in 1983 by the developer. Neither the existing use nor the size of the parcel meet the requirements of the PCC district. The proposed OSR zoning is the same as the zoning applied to the golf course which abuts the tract to the south and west. The Planning and Zoning Board considered this item at public hearing on December 19, 1995, and voted 4 to 0 to recommend that the rezoning be approved. Recommend approval of Ordinance No. 4-96 on first reading, based upon positive findings with respect to LDR Sections 3.1.1 and 2.4.5(D)(5) (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and policies of the Comprehensive Plan. If passed, a quasi-judicial/public hearing will be scheduled for January 23, 1996. ref:agmemol6 ORDINANCE NO. 4-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT IN THE OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING TRACT E OF CONGRESS PARK SOUTH, LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on ~he Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned PCC (Planned Commerce Center) District; and WHEREAS, at its meeting of December 19, 1995, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 4 to 0 to recommend approval of the rezoning, 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: ~ That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: Tract E, CONGRESS PARK SOUTH REPLAT, recorded in Plat Book 71, Page 190, of the Public Records of Palm Beach County, Florida. The subject property is located south of Atlantic Avenue on the west side of Congress Avenue; containing 0.87 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 i hereof. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ ~ 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. ~ That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second .and final reading on this the day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 4-96 CONGRESS DELRAY SOU TH COUNTY ADMINIS TRA TI VE PARK COMPLEX SAFEWAY PCC ~ S TORA GE ~'~'~' PCC MIC GOLF R-l-AA DELRA Y COLD COURSE S TORA GE N CONGRESS PARK SOUTH ~,,.,.~ ...,~.,~.T TRACT -E- C~TY OF D[LRAY I~A(~I, FL -- O/~'/',4L ~ MaP EYE/EM -- CITY COMMISSION DOCUMENTATION TO: D,D,D~VID T. HARDFr,,N, CITY MANAGER THRU: DIANE DOMINGtlEZ, DIRE(~OR) . DE.P~TMENT OF PLANNI~G-~ND ZONING SUBJECT: MEETING OF JANUARY 9, 1996 APPROVAL ON FIRST READING OF A CITY INITIATED CORRECTIVE REZONING OF TRACT E OF CONGRESS PARK SOUTH FROM PCC (PLANNED COMMERCE CENTER) TO OSR (OPEN SPACE AND RECREATION). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance for a City initiated corrective rezoning request from PCC (Planned Commerce Center) to OSR (Open Space and Recreation). The subject property is a .8698 acre tract within the Congress Park South development located on the west side of Congress Avenue south of Atlantic Avenue. BACKGROUND: On October 24,1995 the City Commission approved the rezoning of 14.62 acres from LI (Tracts B & C) and PCC (Tract D) to MIC (Mixed Industrial and Commercial) for a portion of Congress Park South associated with future expansion of the Levenger warehouse. This rezoning left Tract A and Tract E of Congress Park South with a zoning designation of PCC. As neither tract is appropriately zoned (does not contain appropriate uses nor meet minimum size requirements of the PCC) the Planning and Zoning Board initiated a rezoning of these tracts to OSR (Tract E) and MIC (Tract A). The rezoning of Tract E from PCC to OSR is the subject of this request and Tract A is also before the Commission as a separate agenda item. ANALYSIS: The proposal is a City initiated corrective rezoning from PCC to OSR for the .8698 acre tract within the Congress Park South development. The parcel contains an existing maintenance building utilized by the Delray Beach Municipal Golf Course and owned by the City of Delray Beach. The proposed OSR zoning is similar to the zoning applied to the Delray Municipal Golf Course, which abuts the tract to the south and west. For additional background and analysis see attached Planning and Zoning staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its December 19, 1995 meeting. No one from the public spoke on this item and the Board unanimously (4-0) recommended approval. RECOMMENDED ACTION: By motion, approve on first reading an ordinance rezoning Tract E of Congress Park South from PCC (Planned Commerce Center) to OSR (Open Space and Recreation), based upon positive findings with respect to Section 3.1.1 (Required Findings) and Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5 (D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: Location Map P&Z Staff Report PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 19, 1995 AGENDA ITEM: V.C. ITEM: City initiated rezoning from PCC (Planned Commerce Center) to OSR (Open Space and Recreation) for Tract "E' Congress Park South, located on the west side of Congress Avenue, south of Atlantic Avenue. GENERAL DATA: Owner ............................. City of Delray Beach Applicant ......................... David Harden, City Manager City of Delray Beach Location ....... ~i.~ .............. On the west side of Congress Avenue, south of Atlantic Avenue. Property Size .................. 0.87 acres Future Land Use Map ..... Commerce Current Zoning ............... PCC (Planned Commerce Center) Proposed Zoning ............ OSR (Open Space and~ Recreation) Adjacent Zoning .... North: MIC East: MIC South: OSR (Open Space and Recreation) West: OSR Existing Land Use .......... Existing Golf Course Storage and Maintenance Yard. ~ Proposed Land Use ........ No change. Water Service ................. Existing on site. Sewer Service ................ Existing on site. V.C. The action before the Board is that of making a recommendation on a City initiated corrective rezoning request from PCC (Planned Commerce Center) to OSR (Open Space and Recreation). The subject property is a .8698 acre tract within the Congress Park South development located on the west side of Congress Avenue south of Atlantic Avenue. Pursu.a.n.t to Section 2.2.2 (E), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. On May 24, 1983 the City Commission approved a Future Land Use Map Amendment from PRD-4 to PCC and a zoning change from PRD - 4 to PCC for Congress Park South (24.25 acres). On the same date the Commission also approved a conditional use and site plan request to establish 236,190 of warehouse/research and light industrial use in four separate buildings (Ordinance 32-83). The Congress Park South development was divided into five separate tracts (Tracts A-E) with four tracts containing industrial buildings and one an existing maintenance building (subject parcel - Tract E). On June 28, 1983 the City Commission accepted the donation of the subject tract by the developer. The existing building was converted to the maintenance shed for the Delray Beach Municipal Golf Course. On October 25, 1983 the final plat for Congress Park South was approved. One of the four originally approved buildings has been constructed on Tract A. In 1993 a request was received to rezone 12.41 acres (Tracts B &C) of the Congress Park South from PCC to LI to accommodate the Levenger warehouse development. The City Commission approved the rezoning request on March 23, 1993 (Ordinance 25-93). A related site plan was approved by the SPRAB and the warehouse has been constructed. On October 24,1995 the City Commission approved the rezoning of 14.62 acres from LI (Tracts B & C) and PCC (Tract D) to MIC (Mixed Industrial and Commercial) associated with future expansion of the Levenger warehouse. This rezoning left Tract A and Tract E with a zoning designation of PCC. As neither tract is appropriately zoned (does not contain appropriate uses nor meet minimum size requirements of the PCC) the Planning and Zoning Board initiated Planning and Zoning Staff report Rezoning PCC to OSR (Tract E) Page 2 a rezoning of these tracts to OSR (Tract E) and MIC (Tract A). The rezoning of Tract E from PCC to OSR is now before the Board. The proposal is a City initiated corrective rezoning from PCC to OSR for the .8698 acre tract within the Congress Park South development. The parcel contains an existing maintenance building utilized by the Delray Beach Municipal Golf Course and owned by the City of Delray Beach. The proposed OSR zoning is similar to the zoning applied to the Delray Municipal Golf Course, which abuts the tract to the south and west. REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or st~;uctures 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 Commerce. The requested zoning change is from PCC ( Planned Commerce Center) to OSR (Open Space and Recreation). The proposed zoning designation of OSR is consistent with the Commerce Future Land Use designation. The existing use of the tract (golf course maintenance facility) is an accessory use of the golf course pursuant to Section 4.4.27 (C). 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 proposed rezoning is corrective in nature and no change in land use will occur. Therefore, the proposed rezoning will have no impact with respect to Planning and Zoning Staff report Rezoning PCC to OSR (Tract E) Page 3 Concurrency (traffic, water, sewer, police, fire, parks and recreation, solid waste). 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. Section 3,3,2 {Standards for Rezonin_o Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Parcels adjacent to the subject parcel to the west and south are zoned OSR and contain the municipal golf course. Parcels to the north and east are zoned MIC (Mixed Industrial and Commercial) and contain commercial/warehouse uses in the Congress Park South (Levenger Facility). The proposed zoning designation is compatible with all the surrounding land uses. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more a_Dpropriate for the property based upon circumstances particular to the site and/or neighborhood. Planning and Zoning Staff report Rezoning PCC to OSR (Tract E) Page 4 The applicable reasons are A and C. The original PCC zoning was established with the development of Congress Park South. However, immediately after approval the parcel was dedicated to the City and placed in an open space use. The proposed OSR designation is of less intensity than the PCC and is more appropriate giving the existing open space and recreation use for which the tract is being utilized. A review of the objectives and policies of the adopted Comprehensive Plan and no applicable policies were found. Compliance with Land Develo_~ment Re~_ulations: The proposed use is to be in compliance with the Land Development Regulations. Items identified in the*rand Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. As the corrective rezoning does not involve any development proposal compliance with the LDR's is not an issue. The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board), DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Courtesy notices have been sent to the following persons who have requested notification of petitions in this area. Letters of objection, if any, will be presented at the P & Z Board meeting. * Helen Coopersmith, PROD * Lillian Feldman, Delray Property Owners * Golfview Condominiums ..:.:.:-:-:.:.:.:-:-:.~.:.:.:.:.:-:...~?:.:.:.:.:.:`:.:.:~:~:.:.:~:~:~:`:~:~:.~.:.:~:~:.:.:.:.:`:~:`:.~:~:.:.:.:.x~:~:.:.:.:.:~:~:~:.:~:.:.~?:.:.:.:.:.~:~:.;.:.~?:.:~:~:.:.:.?:~:~:.?:~:~:.:`:~?:.:.:~:.:~:~:.:.:~ The proposed rezoning of Tract E can be recommended for approval based on the positive findings outlined in this report and summarized below. The proposed zoning designation of OSR is of less intensity and more appropriate for the tract given the existing use. Further, the proposed zoning designation is Planning and Zoning Staff report Rezoning PCC to OSR (Tract E) Page 5 similar to designations applied to the balance of the municipal golf course and compatible with the surrounding land uses. ~!!i i~i~!!!~ii~!~!! ii ~!~!~i!i~!i ~!~i i~!~!~ ~iii~i!i~ ili~!~ !:"' !i '" ~ ! i'' i"'?'i: '""':" ::i"':.!: ':!ii'i-": :" "?! i i!"':: E?' ?':'"" '~!" :!'" ':'-~!~ii ~!ii~ ~i ~il ~i ~i ii~ ii~!~i~ii~i!i!ii~!iii!i!!!iiii!ii!~!!!iii A. Continue with direction. B. Recommend approval of the rezoning of Tract E of Congress Park South from PCC to OSR, based on positive findings with respect to Section 2.4.5(D)(1) (Rezoning Findings), . Section 3.1.1 (Required Findings), and the Performance Standards of Section 3.3.2. "'C. Recommend denial of a rezoning from PCC to OSR for Tract E of Congress Park South based on a failure to make positive findings. Recommend approval of the rezoning request for Tract E of Congress Park South from PCC (Planned Commerce Center) to OSR (Open Space and Recreation), based upon positive findings with respect to Section 3.1.1 (Required Findings) and Section 3:3.2 (Standards for Rezoning Actions)of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(D)(5). Attachments: Location Map Report prepared by · Paul Dorling, Principal Planner £1TV DF DELl:II:IV CITY ATTORNEY'S OFFICE FACSIMILE W~mr's D~t L~: (~) ~3-7~1 DELRAY BEACH AIl.~edca City ~MO~~ '~]~'']]' DATE: December 18, 1995 ]993 TO: CiW Co~ission David Harden, City Manager FROM: Susan A. Ruby, City Attorney S~JECT: Ordinance Amending the Ciw's Code Relating to Fundhg of Collective Bargaining A~reements The S~te passed legislation this year which amends ce~in provisio~ of S~te law gove~g labor orga~zations and the ~nding of collective barga~g agreement. The State ~blic Employee Relations Co~ission (PERC) has issued ~ order requir~g ~at · e CiW ~end its ordinances to bring its ordinance into compliance wi~ s~te law. The CiW's "~i-PERC" is charged with complying with state law. A~ched please find ~e ordinance, ~e State PERC order and a copy of ~e recently enacted state law. The order from State PERC requires compliance wi~ s~ (60) days of Rs order. Thus, our office requests ~at the attached ordinan~ be pla~ on Januaw 9, 1996 and January 23, 1996 City Co~ission agendas, for f~st and second readings respectively. Please call if you have any questions. A~c~ent cc: Alison MacGregor Harty, City Clerk Jeff Pheterson, Esq. Anita Barba, Executive Assistant, City Clerk Ned Gusty, Director of Human Resources ORDINANCE NO. 5-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "PUBLIC EMPLOYEE RELATIONS", SECTION 35.037, "COLLECTIVE BARGAINING; APPROVAL OR RF_JECTION' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 35.037(B) AND BY CREATING A NEW SUBSECTION 35.0425, "FINANCIAL URGENCY", TO CONFORM THE CITY'S ORDINANCES TO STATE LAW, PROVIDING THAT IN THE EVENT A FINANCIAL URGENCY REQUIRES MODn:rICATION OF A COLLECTIVE BARGAINING AGREEMENT THAT THE IMPACT BE NEGOTIATED, AND THAT CERTAIN PROCEDURES BE FOLLOWED; PROVIDING A GENERAL REPEALER CLAUSE;' A SAVING CLAUSE AND AN EFFECTIVE DATE.; WHEREAS, the legislature of the State of Florida enacted Chapter 95-218, which was effective Iuly 1, 1996; WHEREAS, the City has received an order from the State of Florida Public Employees Relations Commission directing the City to amend its local option ordinance to amend its law and include the newly created provision; and, WHEREAS, the City Cowmission has established a local public relations commission, known as the "mini-PERC", which is required to abide by state law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits', subheading, "Public Employee Relations", Section 35.037, "Collective Bargaining; Approval or Rejection" by amending subsection 35.037(B) of the Code of Ordinances of the City of Delray Beach to read as follows: (B) Upon execution of the collective bargaining agreement, the chief executive shall, in his annual budget request, or by other appropriate means, request the legislative body to appropriate those amounts as shall be sufficient to fund the provisions of the collective bargaining agreement ..... ' ~. That Chapter 35, "Employee Policies and Benefits", subheading, "Public Employee Relations", of the Code of Ordinances of the City of Delray Beach is hereby amended by enacting a new Section 35.04115, "Financial Urgency", to read as follows: 35.0425. Financial Urgency In the event of a financial urgency reauiring modification of an a~eement, the chief executive officer or his renresentative and the bargaining agent or its representative shall meet as soon as possible to negotiate the imnact of the financial urgency. If after a reasonabl.e period of negotiation which shall not exceed fourteen (14) days. a dispute exists between the public employer and the bargaining agent, an imnasse shall be deemed to have occurred and one of the ~arties shall so declare in writing t'o the other party_ and to the commission. The parties shall then proceed to the provisions of the Section 35.039, "Resolution of Impasses', An unfair labor practice charge shall not be filed during the fourteen (14) days during which ne_ootiations are occurrine ~ursuant to this section. ~. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. ~ 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 reminder hereof as a whole or part thereof other than the part declared to be invalid. ~ 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 1996. MAYOR ATTEST: City Clerk First Reading. Second Reading. perc.ord 2 ORD. NO. 5-96 STATE OF FLORIDA '" PUBLIC EMPLOYEES RELATIONS COMZ~ISSION" ' [ 0V~-?a 1995 IN RE : : CITY OF DELRAY BEACH LOCAL : OPTION ORDINA/~CE. : : : Case No. LO-95-008 : : ORDER DIRECTING RESPONSE : : : Susan Ruby, Delray, attorney for City of Delray Beach. The Florida Public Employees Relations Commission (Commis- sion) has a continuing responsibility under Section 447.603, Florida Statutes, to ensure-that local option ordinances encompass substantially equivalent righ=s and procedures as those set forth in Chapter 447, Part II, Florida Statutes. A public employer operating pursuant to a local option ordinance has a concomitant responsibility to ensure that the ordinance grants to its public employees substantially equivalent rights and proce- dures as set forth in Chapter 447, Part II. See City of Pensacola v. Florida PERC, 358 So.2d 589 (Fla. 1st DCA 1978). Consequently, the Commission periodically reviews local option ordinances for substantial equivalency to Chapter 447, Part II. The 1995 Florida Legislature amended Chapter 447, Part II, to include the following provision regarding the modification of collective bargaining agreements due to financial urgency: In the event of a financial urgency requiring modification of an agreement, the chief executive officer or his representative and the bargaining agent or its representative shall meet as soon as possible to negotiate the impact of the financial urgency. If LO-95-008 after a reasonable period of negotiation which shall not exceed 14 days, a dispute exists between the public employer and the bargaining agent, an impasse shall be deemed to have occurred and one of the parties shall so declare in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403. An unfair labor practice charge shall not be filed during the 14 days during which negotiations are occurring pursuant to this section. S 447.4095, Fla. Stat. (1995). Accordingly, the Commission DIRECTS the 'City of. Delray Beach to amend its local option ordinance to incorporate such a provi- sion. The City shall have sixty days from the date of this order to submit the amendment as outlined above. § 447.603(3), Fla. Stat. (1993). It is so ordered. HORNE, Chairman, and ANTHONY, Commissioner, concur. I HEREBY CERTIFY that this,~cumen~/was, filed and a copy served on each party on -'---.~/~;'.:~,L~ , , 19~5., !."~'/ , , /']BY: ///. . /,' c erk / 2 Ch. 95-217, § 2 1995 gECUL~ S~.SS~ON (d) An exemption that is created or rev/ved and reenacted must contain un/form languaga !.'~ that clearly states the section in the Florida Statutes from which it is exempt, s. 119.07(1) or s. 286.011. The un/form language must also provida for the max/mum public access to the meetin~ and records as is consistent with the purpose of the ~xemption. An exemption that is created or substantially amended must state that the exempt/on is repealed at the end of 5 years and that the exemption must be reviewed by the Lel~la~ before the scheduled date ;: of repeal. ~:',. (e) Notwithstanding s. 76828 or any other law, neither the state or its political subdivisions' · nor any other public body shall be made party to any suit in any court or incur any liability for the repeal or revival and reenactment of an exemption under this sectio~ The faiure of ,. the Legislaatre to comply strictly with this section does. not invalidate an otherwise valid Section 3. Section 286.0111, Florida Statutes, is amended to read: 286.0111. Legislative review of certain exemptions from re~uirements fo.r. public mee~o ings and recordkeePing by governmental entities The previsions of s. 119.15 s~I-IIL14, the Open Government Sunset Review Act of 1995, apply to the provisions of law which provide exemptions to s. 286.011,-as provided in Section 4. Notwithstanding any provision of law to the contrary, exemptions from chapter 119, Florida Statutes, or chapter 286, Florida Statutes. which are prescribed by law and are specifically made subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida-Statutes, are not subject to review under that act, and are not abrogated by the operation of that' act, after October 1, 1995.· Section 5. This act shall take e~. act October 1, 1995. Became a law without the Governor'~ ~pproval June 9, 1995. ' Filed in Office Secretary' of State June 8, 1995. AGREEMENTS--FUNDING .. .... S~8. No. 888 to funding the provisions of a collective bargaining qT~ement I~-the Florida Le~ creatt~ s. 447.4095, F~q providing f~r ne~otiatin~ the impact of · flnsncinl ur~nc~, providing an effective date. Section 1. Subsection .(2).of section 447,~09,. Florida Statutes,. ia amended to ~ea&' 447~109. ' Collective bargaining, approval or rejection " (2)(a) Upon exertion of the conec~e baroin~S ~ree~ent, the ~ his a~u~l budget request or by. other appropriate meena request the legislative body to appropriate.such, amgunts ss shall be sufficient to. fund. the- provisions of the collective (b) If th~'~' b '- "' ' ' ent in which 1ess than the requested amount h appropria_ ~ed ~, the .co .~e~argaining agTeement shall be administer~ ' asis of the amounm appropriat~l by the ~ k~la~ve.-t~.. The failure of the Le~sh~ ~ .to appropriate--~%~i~c~ent to fund the 'conective bgrgaining agre~men~ shall not constitute, ~99~ R~.aUL~R SESSION Ch. 95-219, § 1 or be evidence of, any unfair labor practice. Ail collective .~~ents entered into bv the state are sub'ect to the ao ro riat/ons owers of the Le~lature. and the provisions of this section shall not conflict with the exclusive authority of the Le~slature t~ Section 2. Section 447.4095, Florida Statutes, is created to read: · 447.4095. Financial urgency In the event of a financial urgency requiring modificai:ion of an agreement, the chief e.xecu~ive officer or his representative and the bargaining agent or its representative shall meet as soon az pe~ible to negotiate the impact of the fi~umeial urgency. If ~ a reasonable period of negoi:iation which shall not exceed ].4 days, a dispute ~ between the public employer and the bargaining agent, ~ impose shall be deemed to have oeeurr~ and one of the parties slut[1 so declar~ in writing to the other party and to the commission. The parties shall then proceed pursuant to the provisions of s. 447.403. An uaffair labor practice charge shall not be filed during the 14 day~ during which negotiations are occurring pursuant to this sectiov_ Section 3. This act shall take effect July ~, 1995. Became a l~w without the Governor's approval Ju~e 9, 1995. Fried ia Office Secretary of State June 8, 1995. INSURANCE--UNFAIR COMPETITION AND UNFAIR OR DECEPTIVE ACT--CHURNING Chapter 95-219 8-B. No. 906 An act relating to inmwance;, amending s. 626-~41, F~4 prohibiting the*practice of churning a~ an un~/r method of competition and an unfair or deceptive act or M'actic~ requiring insurers to adopt written procedur~ to avoid churning of life insm-ance peUcies or annuity contracts; . providing that failure to adopt such procedures constitutes an unfair method of competition and an unfair or deceptive act or practice; amending s. 627.0916, F-S4 providing that premiums paid for workers' compensation and employers' liability insurance for certain ~gricultural horse farnm to be applied proportionately according to payroll; providing an effective date. Section 1. Paragraph (aa) is added to sub~cion (1) of se~ion 626.954I, Florida* Statutes, 626.q54L Unf~r methods of competition and unfair or deceptive acts or practices (1) UNFAIR M~THOD8 OF COMPETITION ANT) UNFAIR OR DECEPTIVE ACTS~The following are defined az unfa/r methods of competition and unfair or deceptive acta or prscticee: rider~ ~that Ii or conU-ac'C, are ~ to ureha~ another insurance Ii or annui conCr~_t.w~th that same insurer eomm~monz, or other com_oenzation: . lacement or ~draction CITY OF DELRIIY BEACH FIRE DEPARTMENT ~E~i~ DELRAY BEACH ' ~UL_F STREAM ' HIGHLAND BEACH DELIIAY BEACH F r 0 It I D A 1993 TO: MAYOR AND CITY COMMISSIONERS FROM: DAVID T. HARDEN, CITY MANAGER DATE: JANUARY 4, 1996 SUBJECT: ORDINANCE ADJUSTING EMS TRANSPORT FEES The City has been notified that the Inflation Index Charge (I.I.C.) for 1996, applicable to Medicare services and fee schedules, will be a three (3) % increase. According to City of Delray Beach Ordinance No. 5-95, Section 96.66, Emergency Medical Transport Fees, Sub-Section B, "The City Commission may adjust fees annually pursuant to the Inflation Index Charge (I.I.C.) which is used bv Medicare to determine the appropriate fee charges." It is recommended that the increase be granted effective January 1, 1996. This will allow us to keep up with the changes in Medicare allowances. PRESENT FEE 3% INCREASE TOTAL ROUND OFF ALS $275.00 8.25 $283.25 $280.00 BLS $205.00 6.15 $211.15 $210.00 Mileage $5.00 .15 $5.15 $5.15 per mile David T. Harden //q/e~ City Manager FIRE DEPARlMEI~ HEADQUARTERS, 501 WEST ATLANTIC AVENUE, DELRAY BEACH, FLORIDA 33444 407243-7400 · SUNCOM 928-7400 · FAX 407/243-7461 Pr,'nted o,n Recj./ed Paper ORDINANCE NO. 6-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO REVISE THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE INFLATION INDEX CHARGE FOR 1996; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5-95, which enacted a new Section 96.66 of the City Code to provide for emergency medical transportation fees; and WHEREAS, pursuant to Section 96.66(B) of the City Code, the City Commission may adjust fees annually pursuant to the Inflation Index Charge (I.I.C.) which is used by Medicare to determine the appropriate fee charges; and WHEREAS, the City Commission has been notified that the Inflation Index Charge (I.I.C.) for 1996, applicable to Medicare services and fee schedules, will be a three percent (3%) increase. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (A) The following service charges or fees are levied for the provision of emergency medical transportation: (1) Advanced Life Support transportation fee ~7~/gg ~280.00 (2) Basic Life Support transportation fee ~g~/~g S210.00 (3) Mileage fee ~/g~/~¢ ~ ~ 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. ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ That this ordinance shall become effective as of January 1, 1996. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 6-96 16:12 6750 F',A,SE 02 Federal Inflat£on Index Calculatton (I.I.C.) Applicable ko., Medicare Services and Fee Schedules 1986 to 1996 Ci,ty ~at e Fiscal Year I, I.C. Adj.ustme~ts 1986 0.0% 1987 + 1.7% I988 (Freeze) 1989 + 4.0% , ' 1990 + 5.2% .' 1991 + 4.7% 1992 ' + 4.7% 1993 + 3.1% 1994 + 3.0% 1995 ' + 2.5% + 3~0%, **' " 1996 + 3.0% * + 3~0'% (Proposed) , · If no freeze is imposed'on Medicare Fees at the Federal. level' (Reference H.R. 2485, H.R. 2491, and Senate Reconciliation Act of' 1995).' '' · * InclUded in initial rate schedule effective J~,u~.. 1, 19:95. source: Mr. David ' Werfel, · Esq., Medicare cons.ult'a.n,~, to the tmerican Ambulance Association, October 3.I,. 1995! COMMENTS FROM CITY COMMISSION REGULAR MEETING OF JANUARY 9, 1996 11.B. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearings. 11.B.1. Jean Beer, 905 Tropic Boulevard, noted that this evening's agenda has two quasi-judicial hearings for conditional uses on the Regular Agenda. She pointed out that the public expects public hearings at 7:00 p.m. Ms. Beer felt that it is not in the best interest of the public to place conditional use hearings on the Regular Agenda. In all fairness, Ms. Beer felt that these items should be placed on the Public Hearing portion of the Agenda. 11.B.2. Richard (Dick) Eckerle, representing Woodlake Homeowner Association and Progressive Residents of Delray (PROD), asked that a bicycle rack be installed in front of City Hall. The City Manager noted that a bicycle rack is located at the northeast corner of the building; however, another one could be installed in a more obvious location. Mr. Eckerle stated that at its meeting of January 8, 1996, the Progressive Residents of Delray discussed the issue of advertising. Mr. Eckerle further stated that THE NEWS seems to have abandoned the City, as the newspaper believes it can do better business in the City of Boca Raton. He noted that unfortunately, Delray Beach uses this local newspaper for its advertising for public notices, and suggested that consideration be given to using a different paper. In response, the City Manager stated that the City uses the newspaper which offers the lowest advertising rates. 11.B.3. Lloyd H. Millanise, 3444 Old Germantown Road, expressed appreciation to the City for installing a sidewalk from Old Germantown Road to Congress Avenue. He felt the sidewalk is a big improvement. He asked that signs be posted along Old Germantown Road alerting residents to clean up after their dogs. Mr. Millanise expressed concern about the dumping of debris within the road right-of-way in this area and asked that Code Enforcement check into the situation. Mr. Millanise pointed out the poor condition about the hedges located south of the Palm Cove development along Old Germantown Road. Lastly, Mr. Millanise complained about pollution caused by the Hardrives operation. 11.B.4. Alice Finst, 707 Place Tavant, requested that Code Enforcement check on the condition of landscaping along Congress Avenue between Atlantic Avenue and Lake Ida Road. Also, that the area near the former Kraft facility on South Congress Avenue, south of Atlantic Avenue needs to be cleaned up. Mrs. Finst referred to the recent tornado which touched down in Dade County causing severe damage. She stated that at one time the City had considered using some type of siren warning system, and suggested that this be looked at as a means to forewarn citizens of an impending disaster. 11.B.5. Joe Kamarata, 764 Avocet Road, reported that the speed limit sign on Avocet Road was inadvertently installed at the wrong place and asked that the sign be moved to the westbound side of Avocet Road on the church's lot. He noted that Avocet Road is very dark and requested a street light in front of his residence at 764 Avocet Road. He also noted that there is a need for additional street lighting on Lindell Boulevard. Mr. Kamarata stated that the City of Boca Raton has been repaving Federal Highway and apparently one of the Hardrives trucks has a bad leak. As a result, a trail of tar covers Federal Highway, starting in Boca Raton and going north to Linton Boulevard. Mr. Kamarata felt that the City should pursue having the mess cleaned up by the contractor. Lastly, Mr. Kamarata inquired about the status of the installation of hurricane shutters on City Hall. 11.B.6. At this point Ms. Beer returned to address the Commission on the issue of rabid raccoons. She stated that this situation affects everyone in all areas and has become a health hazard. She suggested that some agency (county, state or city) should become involved in trapping the animals. 13.A. City Manaqer. In response to Commissioner Smith's inquiry about the paving of S.E. 2nd Avenue, the City Manager reported that surveying is presently being conducted by the Engineering Department. At this point, it is uncertain if the roadway can be resurfaced or if the road will have to be reconstructed. Staff will be consulting with the merchants along the street as to the time frame for the work. The City Manager emphasized that the work will be completed as quickly as possible. In response to an inquiry regarding illegal dumping on Reigle Avenue, the City Manager explained that the problem is with the alleyway which connects Reigle Avenue to S.W. 10th Street. This alleyway provides an opportunity for the illegal dumping that is occurring. To stop the dumping, Public Works will be installing barricades to block off the alleyway at both ends. The City Manager stated that the City is continuing to have problems with the Butler building on Lake Ida Road. Staff met with the property owner on January 2, 1996, at which time the owner made a commitment to have the property cleared by January 5th. Also, the owner has stated that he intends to submit his application for a fence permit to help screen the debris. Staff conducted a physical inspection of the property on January 8th, at which time staff discovered additional debris. It is staff's opinion that most of the debris on the property is the result of the owner's use; however, the owner claims that he is a victim of illegal dumping. The property owner has received Notices to Appear (along with other citations) which will be heard by the Code Enforcement Board in the next few weeks. The City has informed the owner that since he has a commercial use, he needs to consult the Planning and Zoning Department prior to submitting the application for the fence permit application to Community Improvement. The City Manager pointed out that the owner has already begun to install the fence without receiving the permit. The City will continue to work with this property owner to get the property cleaned up. Regarding the rehabilitation of the East Atlantic Avenue bridge, the City Manager reported that the work is scheduled for FY 1999, and will consist of correcting deficiencies, repainting, electrical and mechanical upgrades. The project manager for Florida Department of Transportation has informed the City that a consultant will be inspecting the bridge and will prepare a recommendation. FDOT does not expect the design to be completed prior to 1997; therefore, it will not be possible to include this project as part of the East Atlantic Avenue Beautification Project. 13.B. The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Mr. RandolDh asked if the Fire Department has received any complaints about animals (dogs in particular) being bothered by the sirens from emergency vehicles? Doug Trawick, Division Chief for E.M.S., responded that the Fire Department has not received any complaints of this nature. Me suggested that perhaps the animal was startled by the siren which may have caused it to get upset. In response, Division Chief Trawick stated that Fire Department personnel have been instructed to try to avoid sensitive areas such as churches, funeral parlors as best they can; however, they have to be cognizant of the safety hazards that exist. 13.C.2. Mrs. Smith asked if the Fire Department could be more sensitive about using the sirens when passing by churches on Sunday mornings. Mrs. Smith wished everyone a healthy and Happy New Year for 1996. 13.C.3. Dr. Alperin had no comments or inquires. 13.C.4. Vice Mayor Ellingsworth had no comments or inquires. There being no further business, Vice Mayor Ellingsworth declared the meeting adjourned at 8:30 p.m. -4-