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01-17-95 Regular . DELRA Y BEACH , 1 0 . IDA CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~ JANUARY 17. 1995 - 6: 00 P.M. /PUBLIC HEARING 7: 00 P.M. , 1111 ' 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 acti- vity 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 available for meetings in the Commission Chamber. 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. 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 or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City will neither provide nor prepare such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. s. Approval of Minutes: Regular Meeting of January 3, 1995 6. Proclamations: A. Delray Beach's Centennial - 1995 7. Presentations: A. Fourth Annual Holiday Toy Drive Committee - Perry DonFrancisco and Officer Jeff Miller - Presentation to Parks and Recreation After School Program 8. Consent Agenda: City Manager recommends approval. A. RESOLUTION NO. 3-95/ABANDONMENT OF A PORTION OF S.E. 4TH STREET: Approve Resolution No. 3-95 abandoning a portion of S.E. 4th Street, lying between S.E. 7th Avenue and the Intracoastal Waterway, based upon positive findings pursuant to LDR Section 2.4.6{O) (5). B. ACCEPTANCE OF UTILITY EASEMENT ASSOCIATED WITH S.E. 4TH STREET ABANDONMENT: Accept a 15 ft. utility easement to cover existing facilities within the S.E. 4th Street right-of-way to be abandoned under Resolution No. 3-95. C. ACCEPTANCE OF COUNTY DEED CONVEYING THE CATHERINE STRONG CENTER PROPERTY: Accept deed from Palm Beach County conveying to the City of Delray Beach the Catherine Strong Center property. D. FINAL PAYMENT/J.J.R. CONSTRUCTION CO. . INC. : Approve final payment in the amount of $1,980.00 to J.J.R. Construction Co., Inc. for demolition of the master lift station and restroom at -2- Veterans Park. Funding is available from Water & Sewer Renewal and Replacement - Veterans Park Phase II (Account No. 442-5178- 536-61.63) . E. CONTRACT ADDITION (CHANGE ORDER NO. 8)/MOLLOY BROTHERS. INC. : Approve a contract addition (Change Order No. 8) with Molloy Brothers, Inc. on the Street Reconstruction and Utility Improvements (Northwest, Northeast) project to include modification to the Lake Ida drainage outfall on N.W. 13th Street and drainage for N.W. 17th Street. The change is for a twenty-one (21 ) day extension of the contract; the net amount of the contract addition is $0.00. F. RATIFICATION OF APPROVAL/AFFORDABLE HOUSING PROGRAMS UNDER "DELRAY BEACH RENAISSANCE" : Ratify the January 10, 1995, consensus to approve and endorse the coordinated delivery of affordable housing to low and moderate income households as proposed under the "Delray Beach Renaissance" program and authorize the joint submission of competitive grant applica- tions to leverage program dollars. G. RATIFICATION OF APPROVAL/DUNE REVEGETATION PROGRAM: Ratify the January 10, 1995, consensus to approve the plan and program to revegetate the west side of the dune among the municipal beach. H. RATIFICATION OF APPROVAL/"ADOPT-A-HIGHWAY" PROGRAM: Ratify the January 10, 1995, consensus to approve a City-sponsored "Adopt-A-Highway" Program. I. POLICE AND FIRE COMMUNICATIONS AGREEMENT WITH TOWN OF GULFSTREAM: Approve a revised agreement between the City and the Town of Gulfstream for dispatching and communications services. J. RESOLUTION NO. 4-95: Approve Resolution No. 4-95 requesting Florida Department of Transportation to designate two pa.rking spaces on the south side of Atlantic Avenue (State Road 806), just east of Salina Avenue, as a loading zone from 8:00 a.m. to 1:00 p.m., Monday through Saturday. K. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - to Networks, for the purchase of two Uninterruptable Power Source (UPS) units for the gas chromatograph and atomic absorption test equipment at the Water Treatment Plan Laboratory. Funding in the amount of $10,548 in available from Renewal and Replacement - Computer Equipment (Account No. 442-5178-536-64.11) . 9. Regular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period January 2 to January 13, 1995. -3- B. APPEAL OF HISTORIC PRESERVATION BOARD ACTION: Consider an appeal of the Historic Preservation Board's denial of a Certificate of Appropriateness to allow a free standing sign to be constructed at Villa Delray, 127 S.E. 7th Avenue, in the Marina Historic District. C. REVISED STORMWATER UTILITY CAPITAL IMPROVEMENT PROGRAM: Consider approval of the revised Stormwater Utility Capital Improvement Program which increases the proposed expenditures in FY 94/95 by approximately $1,600,000 and provides for the construction of pump stations on Seasage Drive, Miramar Drive, Waterway Lane, Beach Drive, Island Drive, Harbour Drive and rehabilitation of the pump station on Thomas Street; with funding through short term financing scenario. D. SERVICE AUTHORIZATION NO. 22/HAZEN AND SAWYER. P. C. : Consider Service Authorization No. 22 to the contract with Hazen and Sawyer, P. C. , in the amount of $48,418.00, for engineering services for design and construction of new pump stations on Miramar Drive and Atlantic Avenue. Funding will be available from Stormwater Utility - Miramar Drive Pump Stations (Account No. 448-5411-538-62.45) and Atlantic Avenue Pump Stations (Account No. 448-5411-538-62.46), through proceeds from short term note. E. WEST ATLANTIC AVENUE GREENWAY PLAN PHASE III: Consider approval of the West Atlantic Avenue Greenway Plan Phase III for the current fiscal year, in the amount of $25,000 with funding to be shared 50/50 between the City and the Community Redevelopment Agency. Funding of the City's share ($12,500) is available from General Construction Fund - Greenway Plan/West Atlantic Avenue (Account No. 334-4141-572-61.36) . F. BEAUTIFICATION PLANS FOR WEST ATLANTIC AVENUE : Consider approving the final landscape plans for West Atlantic Avenue (between the CSX Railroad and Military Trail) as prepared by Cotleur Hearing, Inc. , and authorize bidding the project. G. CHANGE ORDER NO. 2/SUN ART PAINTING CORPORATION: Consider Change Order No. 2 to the contract with Sun Art Painting Corporation for repainting the Water Treatment Plant. The change order is in the amount of $6,300.00 and includes a 28 calendar day contract extension. Funding is available from Water & Sewer Maintenance - Buildings (Account No. 441-5143- 536-46.10) . H. APPOINTMENT OF LIAISON TO STATE REPRESENTATIVE WILLIAM F. ANDREWS. DISTRICT 87: Consider the appointment of a liaison to Representative William F. Andrews for issues related to State government. I. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member to the Code Enforcement Board for a three year term ending January 14, 1998. -4- J. RESOLUTION NO. 5-95: Consider Resolution No. 5-95 in support of the construction of a direct connector between Interstate 95 and Palm Beach International Airport, known as "Build Alternative 3A-2". 10. Public Hearings: A. ORDINANCE NO. 5-95: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Subheading "Emergency Medical Services", of the City Code to revise definitions, enact new fees, provide for a method for collection of fees, and designate the Fire Department as the provider for advanced life support and emergency medical services within the City of Delray Beach. B. ORDINANCE NO. 1-95: An ordinance repealing Chapter 112, "Alarm Systems", of the City Code in its entirety, and enacting a new Chapter 112, "Alarm Systems", to provide for the regulation of alarm systems. C. ORDINANCE NO. 4-95: An ordinance rezoning a 10.23 acre parcel of land from PC (Planned Commercial) District to RM (Medium Density Residential) District. The subject property is located on the south side of Lindell Boulevard, between South Dixie Highway and South Federal Highway. D. ORDINANCE NO. 3-95: An ordinance amending Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10 (H) , "Special Regulations", of the Land Development Regulations by adding a subparagraph (5) to provide for relief from open space requirements, subject to required findings. E. ORDINANCE NO. 2-95: An ordinance amending Section 2.4.2, "Notice Requirements", Subsection 2.4.2(B} (1) (a), "Annexa- tions", Section 2.4.5(C}, "Annexation of Territory", and Article 4.2, "Annexation and Initial Zoning", of the Land Development Regulations to clarify notice and procedural requirements for voluntary and non-voluntary annexations. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 6-95: An ordinance annexing to the City that property consisting of High Point West and surrounding areas, subject to approval by a majority of those registered electors voting in the area proposed to be annexed at a referendum election on annexation to be held on March 14, 1995. If passed, public hearing on February 7, 1995. -5- B. ORDINANCE NO. 7-95: An ordinance amending Section 101.35(F) of the City Code by increasing the permit fee for boat storage on the municipal beach. If passed, public hearing on February 7, 1995. C. ORDINANCE NO. 8-95: An ordinance designating the Solomon D. Spady House located at 170 N.W. 5th Avenue as a local historic site. If passed, public hearing February 7, 1995. D. ORDINANCE NO. 9-95: An ordinance designating the Susan Williams House located at 30 N.W. 3rd Avenue as a local historic site. If passed, public hearing February 7, 1995. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- c>( t7A1 CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 17. 1995 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9.K. DELRAY BEACH RAILROAD STATION PROJECT: Consider Worthing Park site for the railroad station, and authorization of City resources to develop a site plan and a foundation plan for the project. 0, ~, WHEREAS, in 1895, William S. Linton and Henry swinton of Saginaw, Michigan and their pioneer group called the "Michigan Connection", and the pioneer black families of Fagan Henry and Jane Monroe, from the Florida Panhandle, 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 Delray Beach; and, WHEREAS, the settlement took several temporary names, until about 1901 when a meeting was held in the School Building to choose a permanent name. Six pioneers were present, three of whom had come from Delray, a suburb of Detroit, Michigan. It was at their suggestion that the town site be named Delray; and, WHEREAS, the Town of Delray incorporated in 1911, being that part of the old Town of Linton on the west side of the Intracoastal Waterway. In 1923, the east side of the waterway incorporated as the Town of Delray Beach. In 1927, the Town of Delray and the Town of Delray Beach united as the City of Delray Beach; and, WHEREAS, the year 1995 marks the 100th Anniversary of the founding of our community, we seek to honor those early pioneers and Delray's humble beginnings. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby declare the year of 1995 as DELRAY BEACH'S CENTENNIAL and urge all of our community to come together and celebrate the proud heritage of our community which has grown to become an All America City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17th day of January, 1995. MAYOR THOMAS E. LYNCH SEAL ~,A . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJ?t1. SUBJECT: AGENDA ITEM. ~.A. - MEETING OF JANUARY 17. 1995 RESOLUTION NO. 3-95/ABANDONMENT OF A PORTION OF S.E. 4TH STREET DATE: JANUARY 12, 1995 This is before the Commission to adopt Resolution No. 3-95 which abandons a portion of the S.E. 4th Street right-of-way lying between S.E. 7th Avenue and the Intracoastal Waterway. The homeowner to the north submitted the abandonment petition to provide a conforming side yard setback for an intended addition to the existing residence. The subject right-of-way is approximately 25 feet by 130 feet, or 3,250 square feet. It is unimproved and appears to be part of the adjacent owner's yard. There is a rock and rubble seawall at the east end of the right-of-way. Environmental Services advises that the existing seawall is in poor condition and is not conducive to public access. Policy B-1.2 of the Comprehensive Plan states that additional marina facilities and waterway access shall be provided. A recent study by the Planning Department of public rights-of-way which extend to the Intracoastal Waterway concludes that the overall policy of the City should be that the street ends nQt be abandoned. The one identified exception to this policy is S.E. 4th Street. Abandonment of this area will notl from a practical standpointl reduce public access to the Intracoastal Waterway. There is insufficient right-of-way to develop public access and the east end of the right-of-way is not directly adjacent to the seawall, thereby preventing pedestrian access to the waterway. The Planning and Zoning Board formally reviewed this item at its meeting of December 19, 1994, and recommended approval subject to the provision of replacement easements to cover the existing utilities and written verification from the receiving property owner of his understanding that maintenance of the adjacent seawall will now become a private expense. Acceptance of the easements is an item on tonight's agenda. The maintenance statement has been received and approved by the City Attorney. Recommend approval of Resolution No. 3-95 abandoning a portion of S.E. 4th Street, lying between S.E. 7th Avenue and the Intracoastal Waterway. ref:agmem04 ~cm ~ J 1 \ I RESOLUTION NO. 3-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF SOUTHEAST 4TH STREET, AS SHOWN ON THE PLAT OF MAP OF THE TOWN OF LINTON (NOW DELRAY BEACH), AS RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of Southeast 4th Street, lying between S.E. 7th Avenue and the Intracoastal Waterway, as more particularly described herein; and WHEREAS, the application for abandonment of a portion of Southeast 4th Street was processed pursuant to Section 2.4.6(0), MAbandonment of Rights-of-WayP, of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LOR Section 2.4.6(0) (3) (d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed this item on December 19, 1994, and recommended approval of the abandonment be approved, based upon positive findings pursuant to LOR Section 2.4.6(0)(5); and WHEREAS, the City Commission of the City of Oelray Beach, Florida, finds that its interest in the described property, is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, subject to receipt of required utility easements and based upon positive findings pursuant to LOR Section 2.4.6(0)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ,THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, subject to receipt of required utility easements, more particularly described as follows: That part of Southeast 4th Street (formerly Watson Street), as shown on the Plat of Map of the Town of Linton (now Delray Beach), as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, described as follows: f I t \, ,. Commence at the Southwest corner of Block 128 of the said Plat of Map of the Town of Linton; thence North 90 degrees 00' 00. East, along the South line of said Block 128, 20.00 feet to the Point of Beginning; thence continue North 90 degrees 00' 00" East, along said South line, 130.01 feet to the West right-of-way line of the Intracoastal Waterway, as shown on the Plat thereof recorded in Plat Book 17, Page 16B of the Public Records of Palm Beach County, Florida; thence South 0 degrees 50' 021l West, along said West right-of-way line, 25.00 feet to a line 25.00 feet south of and parallel with the South line of said Block 128; thence North 90 degrees 00' 00" West, along said parallel line, 129.21 feet to the intersection with a line 20.00 feet East of and parallel with the West line of said Block 128; thence North 1 degree 00' 30.. West, along said parallel line, 25.00 feet to the said Point of Beginning. Containing 3,250 square feet, more or less. PASSED AND ADOPTED in regular session on this the 17th day of January, 1995. ATTEST: ~cfrL- Q1J~1W ~l'.kt ';r !I();!;y l.ty le k . - 2 - Res. No. 3-95 :=- . .I~' . - ____~ f- _ II I t I - . f-I .. ..- -s.~ 2ND ~ I J J J I I rr: CI ~ ~. _ C1::' I ..._.--'.l-~NGRAHAM-;::::; -- ~ _ -<c I- I f--r--- - - '---,- J C/) - - - I ~ - ;I: 1 0 I - () r-- -L I r ~ ~~ s. ~~ S1 e . 0::: ~~ Q 0 I s:.- :z I I- ;;;;;; ::> o 0 :z - m m ~ j; - ::> ~ I......:- ~ I~ ~ cJ o ~ I - ,/ -. ~S..E.~ "TH ~ I CASUARINA 10-.- I . I c---l- "'" . - . ~ 3 . I 4- .... :J 4- 0:: o U ~~ f-- r 13 BUCIlA III RO. ~ .. ffi ~ > ~ <l. ~ .. s.E. 6ni 51. I r 0 I 1_ H._ ~ ME1..AI..E\JCA RD. ~ ~:~ \. lr ]/ ""'\ I&J 7 ) I. U A i~ ~~ ~i S.E. }.f TAMARIND RD r l -~ I II .} f-- --~ - r 7! I-- ~ - ~ T\.I cnJ eAUHINIA ~ N ~ -'-OOO'AIllWCHT ABAN DON M ENT an or Ol:UIA Y lKJ.Of. A. -- oarAL SASe IIAP Sl':r7ni -- C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~~~' THRU: DIANE DOMI GUEZ, ~ 01 CTOR PL NG & ZONING FROM: SUBJECT: MEETING OF JANUARY 17, 1995 ABANDONMENT OF S.E. 4TH STREET RIGHT-OF-WAY **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of a portion of the S.E. 4th Street right-of-way. The right-of-way is located between S.E. 7th Avenue and the Intracoastal Waterway. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6.(0), Abandonment of Rights-of-Way. B A C K G R 0 U N D: The subject right-of-way was dedicated by the Town of Linton Plat, recorded in July, 1896. The right-of-way separates B,lock 128, Town of Linton (to the north from Block 1, Osceola Park (to the south) . The area surrounding the right-of-way has been developed with single family homes. The single family homeowner to the north submitted the abandonment petition. The stated reason reason for the proposed abandonment is to provide a conforming side yard setback for an intended addition to the owner's residence. For additional information and analysis, please refer to the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of December 19, 1994. The Board recommended approval of the subject abandonment, pursuant to the following conditions: 1- That utility easements be provided to cove~ the existing FPL lines and storm drainage facilities, prior to scheduling the abandonment for City Commission approval; and City Commission Documentation Abandonment of S.E. 4th Street Page 2 2. That the receiving property owner (south 70 feet of Block 128) provide written verification of his understanding that the maintenance of the adjacent seawall shall now become a private expense. The easement and maintenance statement have been received and approved by the City Attorney's Office. R E COM MEN D E D ACT ION: By motion, approve the abandonment of the portion of S.E. 4th Street, lying between S.E. 7th Avenue and the Intracoastal Waterway, based upon positive findings pursuant to LDR Section 2.4.6(0) (5). Attachment: * P&Z Staff Report, Location Map, Reduced Survey -r:SE4STCC.DOC '.PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- . MEETING DATE: December 19, 1994 AGENDA ITEM; III. A. ITEM: Abandonment of Right-of-way for S.E. 4th Street lying between S.E. 7th Avenue and the Intracoastal Waterway. GENERAL DATA: tJl I II I II J l II I I S.E. 2,.,0 ST. Owner....................City of Delray Beach [ I .L- Applicant................William and Mabel I'- ~ McDonough I'- - ~ I'- I'- - - I-- Agent....................Robert W. Federspiel I'- - ~ f- - - Location.................SE 4th Street right- I"- - - [ - - of-way, between SE 7th - - ,- Avenue and the ICWW. ~- ~ ~ ~. .--- 0 I Property Size............3250 square feet. ':-' - Z I :) f- :) 0 City Land Use Plan.......Low Density Residential v m ...., I t- t-- r- 0:: City Zoning..............R-l-AA (Single Family I;::::: 0 tI1 Z Residential) I-- -'i I-- t- Existing Land Use........Unimproved street right- I-- I t::J ~ of-way. 'S.L 4lli r---- ~- Request..................Abandonment of 25 foot - by 130.01 foot alley - right-of-way between SE - - 7th Avenue and the ICWW. ;:;' - ---. - - - w '='"' -~ r> -.J EST. r<-4. <( I- -r-- If) - -I-- <( - I - I-- :r: - I- - 0 L1') c.o U - - - <( - 0:::: - .u t- l.1J Z -vi ,Ii - :rr:: Iii -' .L - --- --- .---- -- - I t - - '- .- -- -- I IILA. I T E M B E FOR E THE BOA R D : The item before the Board is the recommendation to the City Commission for the proposed abandonment of a portion of the S.E. 4th Street right-of-way. The subject right-of-way is located between S.E. 7th Avenue and the Intracoastal Waterway. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. B A C K G R 0 U N D . . The subject right-of-way was dedicated by the Town of Linton Plat, recorded in July, 1896. The right-of-way separates Block 128, Town of Linton ( to the north) from Block 1, Osceola Park (to the south). The area surrounding the right-of-way has been developed with single family homes. On November 4, 1994 a petition was received by the Planning and Zoning Department to abandon a portion of the S.E. 4th Street right-of-way, as referenced above. The abandonment petition was submitted by the owner of the lot to the north of the right-of-way section. The stated reason for the proposed abandonment is to provide a conforming side yard setback for an intended addition to the owner's single family residence. A BAN DON MEN T DES C RIP T ION . . The subject right-of-way is approximately 25' x 130' (3250 sq. ft. ) . Currently, the right-of-way is unimproved and appears to be a part of the adjacent owner's yard. To the north and south of the right-of-way are single family residences, to the east is the Intracoastal Waterway Canal, and to the west is the S.E. 7th Avenue right-of-way. Zoning to the north, east, south, and west of the subject right-of-way is R-1AA (Single Family Residential). A BAN DON MEN T A N A L Y 5 I 5 . . Based upon the survey that was submitted concurrently with the abandonment petition, the right-of-way is unimproved except for a private parking space. There are Florida Power and Light and drainage structures located within the right-of-way area. At the east end of the right-of-way there is also a rock and rubble seawall. Florida, Power, and Light and the City's Environmental Services Department have no objections to the abandonment, provided easements are dedicated for their facilities. Environmental Services has also provided notification that the existing seawall is in poor condition and is not conducive to public access. P & Z Staff Repo~T S.E. 4th Street Abandonment Page 2 . .="" ....,,- Maintenance of the seawall is a currently a City burden and if the right-of-way is abandoned, the adjacent property owners will be responsible for its maintenance. Southern Bell, Leadership Cable, and Florida Public Utili ties (gas) have no facilities within the right-of-way and have given their release. The City of Delray's Fire Department has provided their objection. This objection is based upon maintaining access to the Intracoastal Waterway, which is addressed in the following section. Pursuant to the City's Comprehensive Plan Policy B-1.2, additional marina facilities and waterway access shall be provided. While not specifically stated, the above policy has generally been interpreted to mean existing public access to the Intracoastal will be retained and/or enhanced. Recently, the Planning Department completed a study of public rights-of-way that extend to the Intracoastal Waterway. The study analyzed the size of the street ends, and their use or potential use for providing public access to the Intracoastal. Some are wide enough to potentially be modified to provide parking for people who want to view the water or fish from the canal. Given the limi ted public access to the Intracoastal, the existence of public facilities within many of the rights-of-way, and the need for emergency access to the waterway, the study concluded that the overall policy of the City should be that the street ends not be abandoned. The one possible exception to that policy is S.E. 4th Street. The subject area consists of a 25 ft. right-of-way, which is essentially half of a road section. Records indicate that right-of-way was dedicated from one plat to the north (Town of Linton), but no right-of-way was dedicated from the plat to the south (Osceola Park). Therefore, sufficient right-of~way does not exist to develop an improved street end. It is not evident to the public that the area is public right-of-way as it has been used by the southern property owner as a parking space. If the abandonment is approved, this parking area will become part of the lot to the north. The owner to the south of the right-of-way has alternative paved access to his property from S. E. 7th Avenue. Abandonment of this area will not from a practical standpoint reduce public access to the Intracoastal, as the area appears to be private property. Furthermore, sufficient area does not exist to develop public access via parking and the east end of the right-of-way is not directly adjacent to the seawall (thereby preventing pedestrian access to the Intracoastal). With right-of-way abandonments, the right-of-way area is usually divided along the centerline and returned equally to the adjacent property owners. In this situation, the entire right-of-way area was originally dedicated from the north property within Block 128. Therefore, the southern property owner within Osceola Park will not receive any of the abandoned area. This situation was expected to cause concern from the southern property owner. However, the applicant has stated that if the abandonment is approved the right-of-way will be divided and shared as a private matter. P & Z Staff Repo~Y S.E. 4th Street Abandonment Page 3 . .-.::"'=:--s=~ R E QUI RED FIN DIN G S . . Prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. The provision of additional waterway access is addressed in general terms within the City's Comprehensive Plan. However in this case, sufficient area does not exist to provide adequate public access within 25' of right-of-way. Easements can be obtained for the existing utility facilities and no right-of-way extension is planned for this area. The maintenance of the existing seawall will be a responsibility of the adjacent property owners. Based upon the above, there is not a public need for the subject area as a right-of-way. B) That the abandonment does not, nor will not, prevent access to a lot of record. No prevention of access to existing lots of record will result from this abandonment as both properties north and south of the subject right-of-way have legal access from s.E. 7th Avenue. C) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general area. Replacement easements will be required for the existing FPL lines and storm drainage facilities located within the subject right-of-way. Access to adjacent properties is provided from S.E. 7th Avenue. Access to the Intracoastal will be eliminated, but as it has not been evident as public access, in practical terms it is not being diminished. Therefore, no detriment will result for the provision of access or utility services from the proposed abandonment. REV I E W B Y o THE R 5 . . The property is at the southern end of the Marina Historic District. The abandonment will be reviewed by the Historic Preservation Board at its meeting of December 21, 1994. A courtesy notice was also sent to the owner south of the subject right-of-way. To date, no objections have been received. Comments from the owner to the south, if any, will be transmitted to the Planning and Zoning Board at its meeting. The Historic Preservation Board's recommendation will be transmitted to the City Commission with consideration of the abandonment. . P & Z Staff Rep01L S.E. 4th Street Abandonment ~ -~-""'!!:~ Page 4 ASS E SSM E N T . . While on the surface a case can be made to retain the subject area for additional waterway access, given its limited size, it is unlikely that usable public access would be developed within this area. The subject right-of-way area contains only a half section of road (25' ) and appears as a portion of the adjacent single family development. For these reasons, a finding can be made that the abandonment does not result in detriment to the provision of public access. ALTERNATIVE ACTIONS: 1- Continue with direction. 2. Recommend approval of the abandonment. 3. Recommend approval of the abandonment, pursuant to conditions. 4. Recommend denial of the abandonment with reasons stated. RECOMMENDED ACTION: By motion, transmit a recommendation of approval to the City Commission for the abandonment of S.E. 4th Street, between s.E. 7th Avenue and the Intracoastal Waterway, subject to the following conditions: l. That utility easements be provided to cover the existing FPL lines and storm drainage facilities, prior to scheduling the abandonment for City Commission approval. 2. That the receiving property owner (south 70 feet of Block 128) provide written verification of his understanding that the maintenance of the adjacent seawall shall now become a private expense. Attachments * Location Map & Reduced Survey Y:4TI-iSTPZ.DOC . . I ~ ~z~~-~.~~o~~~~o ~~O~~ 0 ~ ,... ."'NO"'.."'",,~orr~ OCITICIIX m ~ --~~~~~~ --O~ rmr ~ ~ I ~ OO.~..~~_~~OZZ~ rr>>~~ 0 I ~ ~g~~~%>>GO~~~QO~ ~O~a~ ~ i ::: O."'Oxo-",,,, 00....,.0 en ... 'V ~ ~ -wr m~Q.o-C~x m ->>~z>> ~ ! - %0 -eX :to z-t "':I fit"' -4 - I ~ .... :.XO)o-tx--c::rar... 0.0 0 \. - .-mrrtz ZD "'~~~ OOZO Z ... 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'n...1 ~..~.. ~-A': 'r I(//lY UpE " i f-'IiIil1I~g!:,Uj~H".=t.' ...-1 f. dr/Al'r.R//t't:7I'Or/lL i _1' c ~o.:il ri1; rl! ~9 " W'4r~/:!'IP'/ly' I [ W~ -:::: .~; t"~G. /7, .P6'. /,,~) Rd("~ p S (,Jm Ocean ~ · .e (/61 g L c- hi ~ - .F~'4 fC/4LL ! \l~~ 1;= /IV T~A eoA' 5TA t. .; ~~ I~C! ;H ~ ~ W,4rE.K'#4,Y ~ C) a:r :.~- ~ ~ ~ lii~ '.il ~ ; ~ ~ ~ 5:~' " ~ ~ ~ ; I ~ ~ ~ --: . ~ Y'~ ';\ ~ ~, 1 . ~ ~ ~ ! I !:I CIl lit ~ ~ '" ~ I I e ~ "', I ..cc: ~ "l..- : ~~. ,,~ '" ,... :lQ - ,,," ~ ~ ~ 1 . -. : :s: < -t ~ ~ '\..- ~ :\.: "\ .... ... I ~ ~ rrI "\. " ~ ~. ~ " .... ~ ", ~ 0 :rei '-.-- , ~ \\ "" ~ ' ~ 'l :t.. ..... ~ ~ ~ ~ ~:\ ~ '\ "', ~ !" r ~ \" ~~, ~ ~ ~ ~ ~ ~ ~ !!!~~ ~ ~ ~'" ~~,,~ ~~~ ' S z a:r ~ ....'-.. ~ t> I ~ '\ ~ \ '\ <:::,; I 0110 .... "k.... t' "\),,~ t.,>-': I III _ ~ '~ ). 1:\ ):: t. :-... 'l " : I ,~"'rr1 ~ ~ "-') ~~~ ih~ : 10_ :"\ ,,' '<\....':".'\ ~ I 1 .;r s: ~ ;;; ~ I. 1).,,' ',' " \1 ~ ", \:\ i A ..... Z - <:> " . . \ ,,' , '" . : ....:,;J z - .. E: <:' '-<-. ~, '., \'1 I ; ". 0,., _ ~ '- " " , I I ~ ~ ~ ~ _ ~"" ~\. ,\\ I . 0....1 ." I. , ! ~~ c:-. .. III . :u ~ -- \t- 7L f ~f f.. i . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CI TY MANAGER t1t<1 SUBJECT: AGENDA ITEM # ~.13. - MEETING OF JANUARY 17. 1995 ACCEPTANCE OF UTILITY EASEMENT ASSOCIATED WITH S.E. 4TH STREET ABANDONMENT (RESOLUTION NO. 3-95) DATE: JANUARY 12, 1995 This is before the Commission to accept a utility easement associated with the abandonment of a portion of S.E. 4th Street, between S.E. 7th Avenue and the Intracoastal Waterway. There are FP&L lines and City storm drainage facilities within the right-of-way to be abandoned under Resolution No. 3-95. A condition of that abandonment is a replacement utility easement for maintenance of the existing facilities. The applicant has submi tted the easement, and it has been reviewed and approved by the City Attorney. A condition of this acceptance is that the initial 10 ft. easement intended to cover the storm drainage pipe within the right-of-way be changed to a 15 ft. easement. Recommend acceptance of the utility easement to cover the existing facilities within the S.E. 4th Street right-of-way, between S.E. 7th Avenue and the Intracoastal Waterway, subject to the 10 ft. easement being changed to a 15 ft. easement. ~ on ~ ref:agmemo5 " '. 01<, ~ , C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~:~ITY MANAGER THRU: IANE DOMIN EZ, FROM: STEVEN E. OR PLANNER SUBJECT: MEETING OF JANUARY 17, 1995 ACCEPTANCE OF UTILITY EASEMENT ASSOCIATED WITH THE S.E. 4TH STREET ABANDONMENT **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of acceptance of a utility easement associated with the abandonment of a portion of the S.E. 4th street right-of-way. The right-of-way is located between S.E. 7th Avenue and the Intracoastal Waterway. B A C K G R 0 U N D: In November, 1994, a petition was submitted to abandon the eastern extension of s.E. 4th Street between S.E. 7th Avenue and the Intracoastal Waterway. The abandonment petition was submitted by the property owner to the north in order to create a conforming side yard setback for an intended addition to his single family residence. During review of the abandonment petition, it was discovered that FPL lines and a City storm drainage pipe are existing within the subject right-of-way. In order to maintain these facilities an easement is required. The applicant has submitted an easement to cover the aforementioned facilities and the easement has been approved by the City Attorney's Office. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board is not required to review the acceptance of utility easements. City Commission Documentation Acceptance of Utility Easement Page 2 R E COM MEN D E D ACT ION: By motion, concurrent with the approval of the abandonment petition, accept the utility easement intended to cover the existing FPL lines and City storm drainage facilities within the s.E. 4th Street right-of-way, lying between S.E. 7th Avenue and the Intracoastal Waterway, subject to the following condition: * That the 10' easement intended to cover the existing storm drainage pipe within the right-of-way be changed to a 15' easement. Attachment: * Easement Deed & Reduced Survey T:4STESMT.DOC . . " , , - . GRAN~ Of EA8~Nt STATE OF FLORIDA COUNTY OF PALM BEACH THIS INDENTURE madQ and entered into this day of , 1995, by and between WILLIAN C. McDOHOUGB and MABLE K. McnOROUGH, hi. w~fe, of the County of Palm Beach and State of Florida, Grantor., and the CITY OF DELRAY BBACa, FLORIDA POWER & LIGHT COMPANY, BDd SOUTHERN BELL ~ELEPKOHB AND ~ELEGRAPH, of the Counties of Palm Beach, and , Stato of Florida, and , Grantees; WHEREAS, the Grantors are seized in fee simple and in possession of lands described and listed on Exhibit "A" att8ched hereto; and WHEREAS, Grantees request the conveyance of utility easemente to them over a portion of Grantors property for utility purposGs; and WHEREAS, Grantors have agreed in consideration of the sum of Ten Doll~rs (S10.00) and othQr good and vGlu.:lble conaideraL.i.ull to grant to thA Grantees and easorr.ent for utility purposes over portione of the lImd descr.Lbed in tho lltt8ched Exhib.l t tl1\." for the purpoBoB and in the mdnner ex~re8Bed below; NOW, THIS INDENTURE WITNESSE~H~ That, in purRu~nce of this agreement And in cone1derALlon at the Bum of 'fen Oollars ($10.00) end othor 900d and valuable considoration, receipt. of which is acknowledged, G.cantora qrant unto the ~rl\nteas an easemQnt for the purpoees of lnetallinq, ted l<ltl9G : et SE.6 t P0 "Lllo'_- 68t'S ?~: .:.cr : '0::', 3110~.:! 'I;'d 'l31dSCl3fJ3.:J "'1 1Cl380d : UJO..l.:J . . . j'~ve1\ otO\.Jl ~Ile-~~ f'f constructing, ma~ntaininq, and repairing utilities over~feet (?j-) on e~ther side of the centerline of those certain existing utility lines, wires and anchors es depicted on the survey at~ached hereto dS Exhibit "A" I reserving unto GrAntors all reversionary rights therein upon the abandonment of the easement or the Grantees ceaBing to utilize the sarne. IN WITNESS WHEREOF, G~antors have Bet their handa and seale on the day and year first above written. William C. McDonuugh Mable K. McDonough STATE OF FLORIDA COUNTY OF PALM BEACH Before me this day personally appeared WILLIAMC. McDONOUGH and MABLE K. McDONOUGH, who are personally knowr. to me or who produoed as identification and who acknowledged before me that they executed SQid instrument for the purposes thorein expressed. WITNESS my h4nd 4nd official coal, thia day of , 1995. Notary Public State of Flo.t:'iua. My commission expires. (St:A.L.) 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" ; % < -f ~~ \;: ~ ~ '" ~ \\ .... .... I. g 1"1 P1 ..~ ~" ...." ~ f, % -<;II ~ . .... " .... ., · ~ ~ --.; ! ! ~:la i;;: ~? ~;:t.. ~ ~ ~ ~ ~~ ~ '1 ~~, I - 1" Ao )0 l:: :z? : ; ~ I.):. .. ~ ~ ~ ~ \h "'. I ~ ~ 6 : ~ ~ "'" '\ ~ ~ ~ ~ ~ ,,~~. I I ~zari ~~ ~ ~ ~ I '\91~~ \'\\.~ I I -<O~ ;, ~ ~.... ~ l\,~,,~ ~:-.: I · - , ~ '\;\ }.. \\ x "'l",, i I t ~"'P1 ;; )..' ~ "I) ~~~ ~~ : I !;r ~ ~ w?Z : l i~ ~ ~ ~ "\ \S ~ "'I ~ I , A .... Z - <:> '7.,.. . \ ..' ..... "" , ; .....;J z - ... I: . ;; r- ~. ~ '" \,~ \ \ ". 01'1_ ,... ..... " "\s\ I I ~"" ~=On ~ .." ~, ! ~ ~ .. III . ~ ~ : ~ :;:-- It~ 7L I I .J.~ "', ' I - (-)1 (I. : ~. .L.>:~ [IT 'I OF DELRR' HEREM CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091 DELRA Y BEACH f l 0 . I 0 " bed AlJ.America City MEMORANDUM , t II I! DATE: January 4, 1994 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Catherine Strong Property Deed The County has conveyed to the City, the land known as the Catherine Strong Center property . Attached please find a copy of the County's Deed for placement on the City Commission agenda for formal acceptance by the City. Once the Deed has been accepted by the City, it will be recorded. By copy of this memorandum to David Harden, City Manager, our office requests that this deed be placed on the City Commission consent agenda for acceptance and approval. Attachment cc: David Harden, City Manager *.sar @ Printed on Recycled Paper f.e. . ~ ~ '0' . . , COUNTY DEED F.S. 125.411 R94 17620 PREPARED BY: ARTHUR KAHLENBERG PROPERTY & REAL ESTATE MANAGEMENT 3323 BELVEDERE ROAD, BLDG. 503 WEST PALM BEACH, FLORIDA 33406 COUNTY DEED DEe 0 6 1994 THIS DEED, made this ____ day of , 1994, by PALM BEACH COUNTY, a political subdivision of the State of Florida, party of the first part, and CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, party of the second part, whose post office address is 100 N.W. 1st Avenue, Delray Beach, Florida 33444, WIT N E SSE T H: That said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, his heirs and assigns forever, that following described real property situate in Palm Beach County, Florida: The West 1/2 of Lot 18, section 20, Township 46 South, Range 43 East, Palm Beach County, Florida. This Deed is made upon the express condition that said real property shall be used solely and exclusively for public park and recreational purposes, or other public purposes, and that in the event said property is used for any other purposes it shall automatically revert to the party of the first part. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of county Commissioners acting by the Chair or Vice-Chair of said Board, the day and year aforesaid. ~ ATTEST: DOROTHY H. WILKEN, Clerk PALM COUNTY, FLORIDA, BY <"I - fl, ~- IT'S OF COAI COMMISSIONERS By: ~i~AL.I/1 ~ ,~ By: Deputy CierI< v _-~"''''COUN''''' Chair - ~ ,u. "'~'I :0,...... ......... I, :0,' :.\.."^ B/2-i -.0 'r, APPROVED AS TO ;cr-,' ~'t' ~\~ ~ :fI:C, -, ,> ~ AND LEGAL SUIjiF :: 0: CO U N T Y :~:: ~ en...... ' ,en : , \.<- ... '0,'" ~ .\ \.l OR\Qf>o-f ',~" .'~: "1~7 '----'-0">:- torney '",0 * S,......-- \\",,,,.... mmr\agreemnt\delray.ded 11/04/94 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'J1. SUBJECT: AGENDA ITEM # ? D - MEETING OF JANUARY 17. 1995 FINAL PAYMENT/J.J.R. CONSTRUCTION DATE: JANUARY 13, 1995 This is before the Commission to approve final payment in the amount of $1,980 to J.J.R. Construction, for demolition of the Master Lift Station and restroom at Veterans Park. The work is complete and has been reviewed by the staff for compliance with the contract documents. All related project closeout documents have been received and are acceptable. Recommend approval of final payment in the amount of $1,980, with funding from Renewal and Replacement (Account No. 442-5178-536- 61.63) . Agenda Item No. ,? b AGENDA REQUEST Date: January 9, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 17, 1995 Description of item (who. what. where. how much): staff requests citv Commission approval of final pavment to the contract with J.J.R. Construction Co. . Inc. on the Demolition of Master Lift station & Restroom at Veterans Park (#94-85). The work has been completed and reviewed bv the staff. All required. proj ect closeout documents have been received and are in order. The total amount of this final pavment is for $1.980.00. Funding is available from the Water & Sewer Renewal and Replacement Account # 442-5178-536-61.63 ORDINANCE/RESOLUTION REQUIRED: YES/~DRAFT ATTACHED YES~ Recommendation: Staff requests approval of final payment to J. J. R. Construction Co., Inc. in the amount of $1,980.00. I~ Department head signature: #~ po,/'s- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds): ~ Funding available: YE /NO Funding alternative um(if,a~ Account No. & oes;JJ1Jion 1}{1l-6I'J8-slJ!, -t,IJ ~ 1IJY(.(!f a.t25> r ~---~ Account Balance ().(J[j City Manager Review: Approved for agenda: YES/NO Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM TO: David T. Harden city Manager FROM: Howard Wight ~~ Construction Manag~ DATE: January 9, 1995 SUBJECT: Agenda Request Final Payment to J.J.R. Construction co., Inc. Demolition of Master Lift station & Restroom at Veterans Park Staff requests City Commission approval of final payment to the contract with J.J.R. Construction Co. , Inc. for Demolition of Master Lift Station & Restroom at Veterans Park (94-85). The work is complete and has been reviewed by the staff for compliance with the contract documents. All related proj ect closeout documents have been received and are acceptable. Staff recommends approval of Final payment in the amount of $1,980.00. Funding is available from the Water & Sewer Renewal and Replacement Account # 442-5178-536-61.63. cc: Jose Aguila william H. Greenwood File: 94-85 . .J'AH-a9-95 SUN 139:23 AM FREDERIC;O WRECKING & EQM 1 4137 276 5131218 p.al .'. ""." f I .J . , I'~. Corl:,,:,!.:1 lIC:!...l ()tl ( : (.) ,~ t 11(; (, J .I /' t.. ){"./ I~) ~',~ , , HL04 I ~\li. n I, al':;t;;!::c. UI" .. f I l1(.I(~~~t H<..'"J.ton, Fl. ~~) ~~ 25 ~1. 1~1 () , , I , I I I I , I ~; La t.e Req t:t: cnc 031390 I I _, ~.~ ~..~ _ _~ ~~'. ,.. _0' ,.,' _ ~... ~_.. ,_" '"~ ..... ." ...' ,_'.' ". ................. .....'".,........ "..,..." ..... .... ...... _._ ..._.._ ..... ...... ........, ...... ..... __ ..... ..... ..' ..,. .. _,' ."" ,- ... .' _. ,.. ..... . ... "" ....-.. .,.' ...... ..... .,........ 'r.... ...... .."..... "',' .,'" ... ". ....... '. ." .... '. """ ~ .", I I , I I I I , I J CITY m:- DEI. HAV EH::ACH I I ENV 11~ONME:t,n AI. SEFNICES J I 43.:1 S. SWINTON AVE r I DEL RAY BEF"lCH, FL 33444 I I I I I I I I I I ........ ..- _ _ -... ... -... ........... ... ... "'.. ....... -...... ..' ..... .......- ...... .... .......... ... -... "... -...... .-..... ..-........ .... ..;....... ........... .. ....- -. -.. -. ....... ....... ... - -. .... ..' ........ - ,.. .. .... y.... , I I I I j I I I I I COMPLETION OF P.O. 531539 PRJ 94-085 MAS1'ER LIFT STATION DEMOLITION , I I I B!D \=l: 94--81 ACe t~ 44251"785366183 I I I I I , I I $19.800.00 TOTAL BILL.ING I I f I -..1. 7 . 820 . 00 PAYMENT THANK YOU I J .... - -. - ~... -~......... .,., -.. --.- I I 1,980.00 BALANCE DUE I I I \})JJft I I I I I I I I I I I I , ..-' I I I I I I I 01;&./ I I , I I I I r I I I I I , I I I I I I I I . I 1 I I J 1 I I I , I I I I I I I I I TOTAL. OUE I $.1980.00 I I ! MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~.e. - MEETING OF JANUARY 17, 1995 CONTRACT ADDITION (CHANGE ORDER NO. 8)/MOLLOY BROTHERS, INC. DATE: JANUARY 13, 1995 This is before the Commission to approve a contract addition (Change Order No. 8) with Molloy Brothers, Inc. on the Street Reconstruction and Utility Improvements (Northwest, Northeast) project. The scope of work includes modification to the Lake Ida drainage outfall on N. W . 13th Street and additional drainage for N.W. 17 Street. Due to reduced quantity adjustments under the original contract, the net amount of this addition is $0.00. The change is for a 21 calendar day extension of the contract in order to complete the work. Recommend approval of the contract addition (Change Order No. 8) with Molloy Brothers, Inc. Agenda Item No. f.ff. AGENDA REQUEST Date: January 10, 1995 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: January 17, 1995 Description of item (who, what, where, how much) : Description of item (who. what. where. how much) : Staff requests City commission approval of a contract addition (CO #8) with Mollv Brothers. Inc. on the Street Reconstruction & utilitv Improvements (Northwest. Northeast) (proiect #92-06) . The scope of work included modification to the Lake Ida drainaqe outfall and additional drainaqe for NW 17th st. The net total amount of this contract addition is SO.OO. Also included is a contract time extension of twenty-one (21 ) calendar days. Fundinq is available from the Decade of Excellence (Street Reconstruction Ph II) Account # 228-3162-541-61.19. ORDINANCE/RESOLUTION REQUIRED: YE~RAFT ATTACHED YES~ Recommendation: staff requests approval of Molloy Brothers, Inc. in the amount of $0.00 and extension of time. Department head signature: bJ,f/h- 0- ~- ~~~j) /I;LJI'f.~ J, I · / Determination of Consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items inVOlving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) AccountNo. & Description Account Balance City Manager Review: @/NO t7v1 Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Memorandum To: David T. Harden, city Manager .11 From: William H. Greenwood, Director of Environmental~/k7 Services Date: January 10, 1995 Re: Contract Addition (C.O. No.8) - Reconstruction and utility Improvements (Northwest/Northeast) - Project 92-06 Additional drainage for NW 13th st and NW 17th st Attached is an agenda request for a Contract Addition to Molloy Brothers, Inc., on the above referenced Project. It provides for additional drainage on NW 17th st and modifications to the Lake Ida drainage outfall on NW 13th st. The net amount of this request is $0.00 utilizing original Contract quantity reduction adjustments. Also included is a Contract time extension of twenty-one (21) calendar days for this work. There is an existing 1811 reinforced concrete pipe (RCP) drainage outfall to Lake Ida at the west end of NW 13th st. The existing inflow flume has deteriorated which has reduced the efficiency of stormwater discharge into Lake Ida. Work included in this Contract Addition provides for removing the existing flume;extending the 1811 RCP and installing a new Type E Inlet adjacent to the edge of pavement on NW 13th st. This modification will expedite stormwater runoff from NW 13th st to the outfall. The amount for this scope of work is $4,875.00. Also included is extending the Contract scope of drainage to include NW 17th st between NW 2nd Ave and NW 4th Ave to eliminate existing ponding conditions. Work includes 1811 reinforced concrete piping (RCP), 1811 slotted RCP w/drainfield and associated swale grading/sodding. This work will be constructed on a unit price basis utilizing Contract items for a total of $29,493.00. Based on estimated as-built final quantities, several individual Contract items (sodding and RCP) will be under the Contract quantities upon actual final field measurement. Based on this a percentage of these quantities is being reduced per this Contract Addition for a total of -$34,368.00; combined with the additional work identified above results in a net $0.00 amount for C.O. #8. Funding is per 228-3162-541-61.19 Decade of Excellence (street Reconstruction Ph II) . File: Memo to city Manager 92-06D A:memo9206 l tJ.UlCI: .:"'~'.o.G ~ ., 1\ ~- til, ~ ~ ~ ~ I ~ ~ ~il I e it:l ,... --.. u tJ m' r .-.',,",'..<0;.' ,., " ~ ... '. !I !I .. i gii '" .. LAKE I 8 8" --- .., ~. i -... . '. m ... .. -.J\ r---H ' f~[ j 0I~ "j 01, I ' ~\ --. ,~ -~i! l ~ ~ ~ .~. ~ ~ JJ Bli~~ .... 11TH If. IlL. Mntf n ... \8" Sf ~ ~~ u__ ~m ) I N IN /7fA """II ~! ~-' O~<I! U' .. - · .. _ . '~I l ,.--..' .... ..... or. d ~ - J~ ~ ... ..... Sf. ~f(" ~ ' ...- If. U ,n If ~ I w' ....,...... !II E ~ __ c. , ) IDA ( .~..... ,... or. ....,...IT. ~ .. .1lI< J ~ ....... \NC C' IJ ~ I J ' a .... mH It ~ ....... UI. IlL r. MtM ,".~ tJ w /s (;; f7 ; *' = - ~ I " """! (J<lrfAil .... ,... - ....:~ -- ..r. ,... ., ;: !I !I " ~ -.... ... 1 g g ~ .., " ;.'..I~'~! ~ I : ; i . '"'! 'I ......... ~I ! ~. " I ~ I " II " II .. . . " .." "0 .... . . InN I -- - ..... "" or. !II . ! !II .. LAKE c' ..r. ..... lAI<E _ ~ !l! IDA J .. <. 7:rl r .&SIll ~ IDA : I ,. ...r. 111< . (l ~f/ \NC _ :-~ ~ ~ ~ ....~... - ~ ~ :I ..".......... . I .. I " . I \; -..... - J · I! III ... ; II .. = .. .. .. ~ .. 01 _ " _ .. " .. ~ ......... +~ Mo. mt IC. T .... -...a: 4' ./' ti ~ i ~ '''h12J JlOIllI. ... If--. ....... It ~ .....G:jt~j. ..- ... -'~!I'" 'U .f' ~ = - - ! ! ~ II. /,: " .. ./:r. ........ ... ~ .::....~ c::::::: -" -.- -' .1' I ....._-_!Gw II I: ,t- __.:::.:::::----., .... Ill. z Ao...ffII" ~ /' I .. - - I A ......... ----~ L " K E '0" R 0" 0 ~ ~ -...... i :~e> . . ~ . 'c., .~~ ou: 11M n ,~ ..... 111M A'C. ......... N.W. 4tH ST. N. w. ~ 4tH . ", . ... t 'M .... '~...' ,,' ~I;. ._... ....~.7~.-:::.-:::1.. .. :... ... "....1M Sf. IJ . S .! ! -... : I I I~ ~ ! ! ! ! j = = = .... _ It - I ." ! . . . '" ;! ~.." ~ ~ i "lI ! ~ ~ ~ .... 'I ~ ~ ~ 0 ! ~ t !..... _ or.! .. _ If, u.& _, ...,. ;0, ~ I : ~ I - .~ " I! ~ ~ rF I g" . i ~ '. : ~ i t..... ........ -.. -.".....---...--. - .-...--...--.. -_.-.---_._~ --_. -' I S':'A ',-n. '" ". ~ I c-' - "." I I ,. JON ~ Cd IJ.JOl: ~ f1.JO SWI' ~ I' I ~ Q Cd :>C I . I j , . . ., . I- L i;;':~ .J-_. . '0.00_ , . - T':~ " ~ .. . . .- ... .t- . _~.". 4lh~VJo~ II +00 - . - - --"ii.oo-- 101....1... ~ . I.J~ . I , .i_' .... ;...~~. '''.'.- ( . ." ~~ - - - -1-- - I' . . ,.' , I , . '. '. fo.. l . ,. : , ' : ,: ! I . I .. ::::: g /. ~ - Z I. I I~ -- \' .....::;J .. . ~ J: t~ .. .. ::i ~ I . ~ "---' ~ 1 ~ .. .. "! - -. "': r... ~, . D ~ 2- ! ~ : C"'-. ; ~ ~ I .. 0 ~ ~ , . , 1 ... - " I I I CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 8 PR.O:JEJ.[' NO. 92-06 DATE: ~ TITLE: street Reconstruction an:i utility Inprovements (Northwest, Northeast) 'ID <X>N'IRACIOR: Molloy Brothers, Inc. YOU ARE HEREBY REtlUESTED 'ID MAKE 'IHE FOli.CMING CHANGES lli 'IHE PlANS AND SPECIFICATIONS FOR THIS ~ AND 'ID PERFORM 'IHE \\OR!< ACOORDINGLY, SUB:J'Ecr' 'ID ALL <X>N'IRAcr STIPUIATIONS AND <X>VENANTS. JUsrIFICATION: 1. COnstruct storm drainage modifications at the Lake Ida drainage outfall at the west em of NW 13th st. 2. COnstruct additional storm drainage on NW 17th st an:i NW 4th Ave per plans by CDB Enviromnental Services Department sheets 1-2. -All work to be canpleted on a unit price basis as per attached Schedule IIAII based on actual field measured quantities. SUMMARY OF <X>N'IRAcr AM:>UNI' ORIGINAL <X>NTRAcr AM:>UNI' $1,025,935.00 <X>ST OF <X>Ns.rRUCTION CHANGES PREVIOUSLY ORDERED $ 234,612.25 ADJUSI'ED <X>NTRAcr AM:>UNI' PRIOR 'ID. THIS CHANGE ORDER $1,260,547.25 <X>ST OF <X>Ns.rRUCTION CHANGES THIS ORDER $ 0.00 ADJUSI'ED <X>NTRAcr AM:>UNI' lliCllJDING THIS mANGE ORDER $1,260,547.25 PER cmr lliCRFASE THIS CHANGE ORDER 0 % 'lOI'AL PER cmr lliCRFASE 'ID DATE 22.8% COntract time extended twenty-one (21) calendar days for this work CERI'IFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate for Molloy Brothers, Inc. 'ID BE FILLED our BY DEPARIMENl' INITIATING mANGE ORDER Furrling SOUrce 228-3162-541-61.19 Decade of Excellence (street Reconstruction Ph II) DEmAY BEACH, FIDRIDA by its city Corranission REX:XJo1MEND : ~~~ t/t4e~ By: william H. Greenwood, Director 'Ihomas E. Lynch, Mayor of Envirornnental Services A'ITFSl' : APPROVED: By: City Attorney city Clerk Street Reconstruction and Utility Improvements Northwest, Northeast Project No. 92-06 Change Order #8 NW 13th St/NW 17th St Storm Drainage Improvements Schedule "A" Contract Item Description +/- C.O. Unit Total Item No. #8 Qty Price ---------------------------------------------------------------------------------------------------------------- I. Construct drainage modification at the outfaLL Located at the west end of NW 13th St (Lake Ida). --Remove existing flllllE!;tie-in to existing 18" RCP; install 16 L f of 18" RCP; install Type E InLet; construct paved apron connection to NW 13th St edge of pavement. 1 Ls $4,875.00 $4,875.00 --------------------------- Subtotal $4,875.00 II. Construct additionaL storm drainage on NW 17th St and tie-in to storm drainage being constructed at the intersection of NW 4th Ave and Lake Ave. (constructed per pLans titled "NW 17th Street Drainage Improvements" sheets 1-2) 1 Maintenance of Traffic 1 Ls $500.00 $500.00 2 CLear & Grub 1 Ls $1,200.00 $1,200.00 3 Remove Pavement 1 Ls $1,100.00 $1,100.00 6 Pavement Repair 379 sy $7.00 $2,653.00 8 AsphaLt Driveway 20 sy $10.00 $200.00 9 6" Concrete Driveway 30 sy $23.00 $690.00 -- Concrete Apron for Inlet 4 sy $23.00 $92.00 23 Grade SwaLes 1 Ls $1,500.00 $1,500.00 25 InstaL L Sod 450 sy $1.50 $675.00 26 Type "c" InLet w/apron 4 ea $1,250.00 $5,000.00 31 18" RCP 227 lf $35.00 $7,945.00 -- 18" SLotted RCP w/DrainfieLd 162 Lf $49.00 $7,938.00 --------------------------- SubtotaL $29,493.00 III. Contract unit price item quantity adjustments per estimated finaL as-built reductions. 26 InstaL L Sod -17245.33 sy $1.50 ($25,868.00) 31 18" RCP -100 Lf $35.00 ($3,500.00) 32 24" SLotted RCP w/DrainfieLd -100 L f $50.00 ($5,000.00) --------------------------- Subtotal ($34.368.00) -----------.. Net Amount of Change Order #8 $0.00 ------------ ------------ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i F.;:. - MEETING OF JANUARY 17. 1995 RATIFICATION OF APPROVAL/AFFORDABLE HOUSING PROGRAMS UNDER "DELRAY BEACH RENAISSANCE": DATE: JANUARY 12, 1995 This is before the Commission to formally approve and endorse the coordinated delivery of affordable housing in the City of Delray Beach to low and moderate income households under the "Delray Beach Renaissance" program, with authorization to jointly submit applications to the State, Federal Home Loan Bank and various philanthropic organizations in order to leverage dollars available in existing programs and resources. Details are outlined in the support documentation. At the January 10, 1995, workshop meeting, it was the consensus of the Commission to support the program. Recommend approval of the "Delray Beach Renaissance" Affordable Housing Programs. ref:agmem06 IIBHORANDOM ,1 . TO: DAVID HARDEN, CITY MANAGER ~ COMMUNITY IMPROVEMENT !P . FROM: LULA BUTLER, DIRECTOR, U: COORDINATION OP Al"PORDABLB ROUSING PROGRAMS ONDBR ORB tJKBRBLLA CALLBD THB -DBLRAY BBACH IlBNAISSANCBII DATE: JANUARY 4, 1995 I'l'BH BBPORB ftB COHHISSION: Consideration of a proposed coordinated approach to the delivery of affordable housing within the City of Delray Beach and authorization to submit applications to the State, Federal Horne Loan Bank and philanthropic sources to create a pool of subsidies, leveraging dollars currently administered by the City and partners represented in this program. BACKGROt7ND: Staff invited all local housing providers to a round table discussion to determine if there was interest to create a coordinated partnership under the umbrella of the City for the delivery of affordable housing within a defined target area, addressing the needs of low and moderate income households. This action was pursuant to a recommendation under the Visions 2005 Assembly report as adopted by the City Commission. The following partners have been meeting on a bi-weekly basis with City staff since October 1994: Consortium For Affordable Horne Financing, Inc - Art Fleming Community Redevelopment Agency ( eRA) - Chris Brown, Sherry Johnson Delray Beach Housing Authority - Deborah Castello The TED Center - Sam McGhee Delray Beach CDC - Amefika Gueka, Tommy Stevens Fred Griffin Construction, Inc. - Fred Griffin The consensus of the housing providers is that there is sufficient interest and resources available to develop a comprehensive and coordinated approach to the delivery of affordable housing in Delray Beach. The partnership will be known as the -Delray Beach Renaissance- with the Community Improvement Department as the lead entity responsible for overall coordination and administration. Ns..3. . Delray Renaissance City Commission - 1/10/95 Page 2 . The Delray Renaissance has a goal to provide one hundred (100) homes ( 75 units of new construction and 25 units under the acquisition and/or rehabilitation of existing units) over a two-year period (fiscal years 1996 and 1997). It is estimated that a total of $6.2 million will be needed to fully fund a four-component, comprehensive program. In order to leverage dollars available in existing programs and resources, we are proposing to submit applications to the Federal Home Loan Bank of Atlanta, State HOME program, Palm Beach County Housing Trust Funds and possible philanthropic organizations. The four-component program is as follows: 1. New construction/Acquisition/Rehabilitation - infill housing on existing vacant lots within the CDBG target area and the acquisition/rehabilitation of existing units. 2. Job Training/Business Incubator - agreements with local vocational schools to develop building trades apprentice or training programs geared toward new construction activities. 3 . Community Stabilization - incorporates the City's bootstrap, neighborhood association and Community Oriented Code Enforcement Programs. 4. Credit/Title Repair - Provides for the creation and implementation of on-going programs requiring attendance to workshops designed to assist in the repair of individual credit. Title Repair involves creating properties that can be developed through the eRA to ensure good marketable titles on properties that historically have been impaired with title deficiencies. Subsidy commitments that have been identified are as follows: Community Redevelopment Agency ( eRA) $ 100,000 Delray Beach Housing Authority 60,000 City of Delray Beach 745,000 Consortium for Affordable Housing, Inc. 4,715,000 Total commitments from partners $5,620,000 Competitive Grant Applications Required: Federal Home Loan Bank 240,000 State HOME 160,000 LISC 100,000 Palm Beach County Housing Trusts Funds 80,000 Total competitive grant applications $ 580,000 Delray Renaissance . City Commission - 1/10/95 Page 3 The Delray Renaissance Program is scheduled to be implemented beginning October 1, 1995. Our application to the Federal Horne Loan Bank is due January 17, 1995. Other grant applications will be submitted between February and June, 1995. RBCOHHBNDATION: Staff is recommending City Commission endorsement of the coordinated delivery of affordable housing to the City of Delray Beach's low and moderate income households as proposed under the -Delray Beach Renaissance- Program and authorize the joint submission of competitive grant applications as identified to leverage program dollars. LB:DQ DQ3 DBRenai.LB . . . ~ CITY OF DBLJlAY BBACH AFFORDABLB HOOSING PROGRAMS DBTAILBD BRBAK-O'OT OF J'O'N'DING COIIKI'l'KBNTS DBLJlAY BBACH RBNAISSANCB FISCAL YEAR 1995/96 SHIP (STATE DOLLARS) $100,000 HOME (PALM BEACH CONSORTIUM AGREEMENT) 250,000 BOOTSTRAP 22,500 FISCAL YEAR 1996/97 SHIP (STATE DOLLARS) $150,000 HOME (PALM BEACH CONSORTIUM AGREEMENT) 200,000 BOOTSTRAP PROGRAM 22,500 TOTAL FOND PROJECTED $745,000 ., M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i . G. - MEETING OF JANUARY 17. 1995 RATIFICATION OF APPROVAL/DUNE REVEGETATION PROGRAM DATE: JANUARY 12, 1995 This is before the Commission to formally approve the Dune Revegetation Program for the west side of the dune along the municipal beach. At the January 10th workshop, it was the consensus of the Commission to support the program as outlined in the support documentation. Recommend approval of the Dune Revegetation Program. ~ on~ ref:agmem09 :)1\ . - . ~ .\ . . . , '. CITY COMMISSION DOCUMENTATION . TO: David T. Harden, City Manager t'OiJrJ flI fOIL 'I' FROM: Joe Weldon, Director of Parks and~t~~ John Walker, Project Coordinator SUBJECT: WORK SHOP MEETING OF JANUARY 10, 1995 DUNE REVEGETATION PROGRAM ACTION REQUESTED OF THE CITY COMMISSION: The action requested of the City Commission is to give direction on a plan to revegetate the west side of the dune along the Municipal Beach. BACKGROUND: Staff has prepared a plan and program to revegetate the dune along the Municipal Beach. The plantings will replicate a natural species diversity, be aesthetically pleasing with varying color shades and textures, be low maintenance and accommodate view lines to the ocean. The beach is one of our most important economic and environmental resources. Delray Beach has committed significant energies to maintaining this resource: * The beach nourishment project maintains storm protection and recreational beach. * Beach cleaning services maintain a clean and desirable sandy beach. * Lifeguard services provide safety to the beach goers. * The volleyball area, surfing area, sailboat area, and cabana concession add convenient amenities for different user groups. * Overall landscape maintenance adds aesthetic beauty. Even with this list of successes, some deterioration has occurred in a part of the dune. WS.1 . . ..... . . . . When the initial dune was created in 1974, the planting used was mainly beachberry. At the time, this plant was considered fine as a dune plant. Over time, we have learned several drawbacks to the beachberry. * It is a high maintenance planting. Beachberry grows quickly and requires frequent pruning to maintain a constant good appearance. Due to funding constraints, we prune yearly, so the planting is either tall and leggy or cropped and bare for much of the time. * It has a long-term root virus that kills individual plants. This leaves bare spots which are easily invaded by weeds. * It is not a native beach plant, but an invasive exotic which is no longer allowed to be planted in the dune. This constitutes the problem. As seen in the attached report, the solution is to remove the beachberry and replace it with native species. The area involved is the length of the Municipal Beach, from the dune crest west to the toe of the dune. The goals are: * To replicate a natural dune using a diversity of native dune species. * To select plants for low maintenance and no irrigation requirements. * To remove invasive exotics. * To provide view lines to the ocean and partial screening of artificial lights by alternating areas of lower and higher growing species to produce an undulating canopy along ~he dune crest. * To revegetate using City forces over an extended period (three years or more) to allow work to be completed without disturbing dune stability or aesthetics. The plan to meet these goals was developed by Robert Barron, a coastal management expert and Delray Beach resident. Rob donated his time and knowledge both to produce the final plan and advise us on plant selection. As a first phase, we propose to revegetate the area from the main pavilion to north of the flagpole (about 250'). This will be a "demonstration block" to judge the success of the plan. Thereafter, we will work through the length of the area in modules about 50' long (two days labor). In this way, the impact will be gradual and the dune appearance will not suffer from large bare patches. . " . . . The total budget for the project is $60,000. As noted in the report, funds are available from the Beach Restoration Fund. We have a funding contract with the State which allows 66% ($39,600.) to be reimbursed. Funds expended for materials and supplies, and salaries and benefits are eligible for reimbursement. T:\advanced\REVEG2.DOC . '\. . . DUNE REVEGETATION PROGRAM INTRODUCTION This report addresses the dune along the Municipal Beach. Part of that dune, from the dune crest west to the west toe of the dune, is in need of revegetation. The main plant type, beachberry (Scaevola frutescens) is no longer an acceptable species. In addition, the area has experienced plant losses due to disease, leaving bare patches. A plan and program should be developed to replace the beachberry with a diversity of scrub zone species. Beach dunes and vegetation are part of the overall erosion control mechanism on the coast. Sand which forms the dune is trapped by vegetation; dune provide a source of sand to act as a buffer to storm-driven erosion. The system acts as a shock absorber to protect upland property from storm damage. In addition to their role in erosion control, coastal vegetation provides natural beauty and habitat for coastal animals. In Delray beach, vegetation can aid the survival of sea turtles by partially screening artificial lights creating the background glow of the City. Pristine dune vegetation is roughly divided into zones of habitat. From seaward to landward, these are: Pioneer Zone - seaward of the dune crest, dominated by grasses such as sea oats, and vines. Scrub Zone - on the landward side of the dune, made up of salt-tolerant shrubs and small trees. Forest Zone - upland of the dune, consisting of hardwood trees and pines. In Delay Beach, only the pioneer and scrub zones are represented. PROJECT HISTORY Prior to 1973, no dune existed along the Municipal Beach. Erosion had destroyed both the dune and beach, offering little storm protection and only a marginal recreation beach. In 1973, the City constructed an initial beach restoration. Nourishment projects in 1978, 1984 and 1992 have maintained this beach to provide both storm protection and recreation. The City began a program of dune reconstruction and maintenance in 1974. Using vegetation consisting of beachberry (scaevola frutescens) and sand fencing, several feet of wind-blown sand . ,." J' .... . . . were trapped to form the beginnings of a dune. Over the next several years the dune continued to grow and kept most of the sand from blowing onto the sidewalk. Two improvements were constructed in 1980. Additional vegetation, including beachberry and seagrape (Cocoloba unifera) were planted to angle pedestrian access points to the southeast. This further reduced the amount of wind-blown sand reaching the sidewalk. In addition, two rows of sand fence were placed seaward of the dune to create a foredune and slow accretion of the primary dune. In 1982, sea oats (Uniola paniculata) were planted between the sand fences and original dune. The sea oats have been successful in expanding the foredune. Sand fences and sea oats have also kept foot traffic to a minimum in the dune area, allowing many species of native vegetation to grow. EXISTING CONDITIONS The pioneer zone seaward of the dune is dominated by sea oats with a large variety of native vines and grasses. Sea grapes are largely confined to the pedestrian access points. The dune crest and back dune are dominated by beachberry, an ornamental species now considered an invasive exotic. In recent years, the beachberry has suffered from a root virus and stress due to cold weather. Where plantings have died out, they have been replaced with sea oats and Pittosporum tobia. Upland species, especially weeds, have invaded stressed areas. PROPOSED REVEGETATION PROGRAM The proposed revegetation program would, over time, replace the beachberry and other exotics with a variety of native dune species. The project area is from the crest of the dune west to the west toe of the dune, and from Casaurina Road to the north end of the Municipal Beach. Revegetation would take place over about a three year period so that the dune will never exhibit a bare look or become unstable. Parameters or the program will be as follows: * Dune plantings will replicate the pioneer and scrub zones of a pristine dune. This will require a broad diversity of species to be installed. * All plantings in the dune area will be native to the pioneer and scrub zones. * Species selected will be low maintenance and require no irrigation. ~ ,.. . ~ . . . .\" . ' . . . * Invasive exotics, as listed in the Coastal , Protection Ordinance ('34-90) will be removed from the pioneer and scrub zones. Planting and pruning practices will be in accordance with the guidelines in the Ordinance. * Dune vegetation will seek to provide view lines to the ocean and partial screening of artificial lighting to protect sea turtles. This can be accomplished by alternating areas of lower and higher growing species to produce an undulating canopy along the dune crest. * In the pioneer zone, little work is needed. It is sufficient to remove invasive exotics and fill any sparse areas with native species. * Replanting in the scrub zone will be accomplished using City forces, working over a long time period of about three years. This will allow work to be completed without disturbing dune stability or aesthetics - a large extent of bare dune will not be allowed. PERMIT REQUIREMENTS The project area is seaward of the Coastal Construction Control Line and is under the jurisdiction of the Florida Department of Environmental Protection. Since this is a maintenance project, it is possible to get an exemption from permitting. FUNDING The City's reimbursement contract with the State includes a line item for dune revegetation. The total budget is $60,000, of which the State will reimburse $39,600 (66%). The remaining share, $20,400 (34%) would be paid by the City. Funds are available in the Beach Restoration Fund. The terms of the contract allow the State to reimburse direct labor costs including wages and benefits, direct material purchases, stock material cost, and contractual services. DESIGN Design will consist of the development of a modular design and planting plan. Design services will be provided through the Planning and Zoning Department. Robert Barron (Coastal Management and Consulting) has offered fifteen hours of design and drafting on a volunteer basis. Parks and Recreation Department and the City Horticulturist will be consulted throughout the design process. T:\advanced\REVEGl.DOC ,A, 1 ")A C/V [IT' DF DELIA' BEA[H DElRA Y BEACH f lOR In... ~ 100 N,W. 1 sl AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000 A11.AmericaCity , III J! MEMORANDUM 1993 TO: David T. Harden, City Manager FROM: r~Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING 1/17/95 APPROVAL ADOPT-A-HIGHWAY PROGRAM DATE: January 11, 1995 ACTION City Commission is requested to formally approve a City sponsored "Adopt-A-Highway Program." BACKGROUND It was the consensus of the Commission at your Workshop on 1/10/95 to proceed with this program with the following parameters as amended: . Application through Community Improvement . Minimum 1/2 mile . Clean once per month . Designate person to head up the group and attend a safety class . Develop and execute a contract . Develop sign with group's name similar to County sign . City supply safety vests and signs . Require $100 fee from for-profit-businesses to cover cost . No more than two signs per area designated RECOMMENDATION Staff recommends approval. RAB:kwg File:g:agenda Doc,:Adopta.hwy @ Pnnted on Recycled Pape' THE EFFORT ALWAYS MATTERS f.lI- " '. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER p;v{ SUBJECT: AGENDA ITEM # Z .T. - MEETING OF JANUARY 17. 1995 REVISED POLICE AND FIRE COMMUNICATIONS AGREEMENT WITH TOWN OF GULF STREAM DATE: JANUARY 13, 1995 Since June 15, 1988, the City of Delray Beach and the Town of Gulfstream have had an agreement where the City provides Police and Fire dispatching and communications services to Gulfstream. The agreement before you replaces the previous one which expired on June 15, 1994, but was extended through January 15, 1995, to allow sufficient time to complete negotiations for a revised agreement. The new agreement is to become effective as of January 15, 1995, and will terminate on September 30, 1998. Changes in the agreement include the following: ( 1 ) Gulfstream has paid an annual service fee of $20,000 since the inception of the agreement in 1988. This continues until October 1, 1995, when the fee will increase to $23,956.00. This increase is based on changes in the Consumer Price Index (CPI) since our first agreement. The agreement also includes a provision for adjusting the fee in subsequent years based on changes in the CPl. (2 ) New sections are added establishing performance standards for our services and providing for monthly reports which we will supply to Gulfstream. (3 ) Lastly, a section has been added which specifies how complaints are to be resolved. Recommend approval of the revised Police and Fire Communications Agreement between the City and the Town of Gulfstream. ref:agmemo13 '. POLICE AND FIRE COMMUNICATIONS AGREEMENT TIDS AGREEMENT, entered into this _ day of , 1995, by and between the CITY OF DELRA Y BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "City" and the TOWN OF GULF STREAM, a Florida municipal corporation, hereinafter referred to as "Town". WIT N E SSE T H: WHEREAS, the Town desires to enter into an agreement with the City of Delray Beach, Florida, in order to obtain Police and Fire Dispatching and Communications Services from the City. NOW, THEREFORE, the City and the Town in consideration of the mutual promises and benefits hereby agree as follows; Section 1. Effective Date. This agreement is to become effective as of January 15, 1995. Section 2. Termination Date. This agreement shall expire, and terminate on September 30, 1998. Section 3. Payment of Service Fee. A. The Town shall pay a service fee of Twenty Thousand Dollars ($20,000.00) per year to the City for Police Dispatching and Communications Services provided to the Town from the City, prorated for the period of January 15, 1995 through September 30, 1995. For the. year commencing October 1, 1995, and ending September 30, 1996, the payment shall be Twenty Three Thousand Nine Hundred Fifty-Six Dollars ($23,956.00). B. For each subsequent year, until the termination date, the Town of Gulf Stream and the City of Delray Beach agree that the service fee shall be adjusted annually from the prior year's service fee. The adjustment shall be based on the "All Urban Consumers - United States" April Consumer Price Index (CPI). The projected annual service fee adjustment will be reported to the Town Manager of the Town of Gulf Stream on or before July 15th of each year. Section 4. City's Responsibilities; The City shall provide dispatching and communication services to include the handling of: a. Radio dispatching of police, fIre and Emergency Medical Services . (EMS) emergency and 911 calls. b. Radio dispatching of non-emergency calls. c. Delray Beach Communications Dispatch will dispatch a Gulf Stream police officer to all fIre and medical calls. If a Gulf Stream officer is unavailable due to another priority call, he will be made aware of the fIre or medical call and its location. d. Electronically recording and maintaining radio transmissions for thirty (30) days. e. Access to information from Palm Beach Sheriff s Department's P.A.L.M.S. Computer System and the State F.C.I.C. and Federal N.C.I.C. Computer Systems via radio or telephone voice transmission. 2 f. Recording and maintaining for two years a daily dispatch log and Incident Report Cards to be issued a numerical identifier and contain the following information: 1. Type of call or incident 2. Date and time of call or incident 3. Location of incident 4. Complainant or caller's name 5. Name of the assigned or responding officer Section 5. Performance Standards. A. Definitions: The following definitions shall apply for purposes of this agreement: Emergency Calls - includes 911 calls and all other calls where life or property in Gulf Stream are believed to be in eminent danger, including all fire and burglar alarm calls. Non-Emergency Calls - includes all other calls for services in Gulf Stream where life or property are not believed to be in eminent danger. These include reports of suspicious activities or persons, requests to speak with an officer, relay of information to an officer where the information is not related to an existing emergency situation, and similar types of calls. B. Dispatch Times: Emergency calls should be dispatched within 60 seconds or less. Non-emergency calls should be dispatched within three (3) to five (5) minutes. These times shall be measured from 3 the time a call is received by the dispatch center to the time the dispatch center notifies Gulf Stream police personnel. The dispatch times stated above shall be the expected performance standards under this agreement. However, both parties recognize that exceptions to these times may be required periodically. Accordingly, it is not the intention of this agreement that a failure to dispatch a call within the stated time period be regarded as breach of this agreement. Rather, it is the intention of this agreement that all exceptions to the state times be reviewed and all necessary and appropriate follow-up actions be taken to prevent future exceptions, where they can be avoided. The above notwithstanding, nothing in this section shall release either party from the provisions of Section 12 of this agreement where dispatch times are concerned. C. Monthly Reports: At least once each month, the City shall generate and deliver to the Town a Dispatch Activity Report listing all Gulf Stream calls from the date of the previous report. The report shall include the times that all calls were received, the times they were dispatched, the times the police officer and/or Fire Department arrived on the scene, and the time the call was cleared. At present, all times are reported in minutes; however, it is anticipated that prior to March 1, 1995, the City shall begin reporting times in minutes and seconds. In addition to the Dispatch Activity Report, at least once each month the City shall also generate and deliver to the Town an Exceptions Report. The Exceptions Report shall include a list of all Gulf Stream calls that were not dispatched within the time periods specified herein, 4 a written explanation stating the cause of the delay and the actions, if any, taken to prevent the delay from reoccurring. Section 6. Service Complaints. In the event a service complaint is received, the complaint shall be handled pursuant to one of the following resolution processes: A. Informal Resolution Process: Informal Service questions, problems or complaints by either party may be initiated via a face-to-face meeting, telephone conversation, facsimile transmission or in writing. The recipient of the question or complaint shall then respond in a like fashion or in a manner otherwise agreed to at the time the question or complaint is initiated. A reasonable response time also shall be agreed to at the time of initiation. Questions and complaints directed to the Town of Gulf Stream shall be directed only to the Chief of Police or Deputy Chief of Police. Questions and complaints directed to the City of Delray Beach shall be directed only to the Police Department's Systems Manager or Director of Support Services. Further, it shall be the responsibility of the recipient to personally respond to the initiator unless an0ther respondent is agreed to at the time of initiation. B. Formal Resolution Process: Formal service questions, problems or complaints by either party shall be made in writing on forms provided by the City. Within three (3) working days of receipt of a compliant, the complaint shall be fully reviewed and a response rendered noting the corrective actions taken, if any. To expedite resolution of a compliant, both the initial complaint from and the response 5 may be. sent via facsimile transmission. Complaints and responses shall only be addressed to and from the following individuals: City of Delray Beach Police Director of Support Services 300 West Atlantic Avenue Delray Beach, Florida 33444 Town of Gulf Stream; Chief of Police 100 Sea Road Gulf Stream, Florida 33444 Section 7. Meetings. At least once every three (3) months, the City Police Director of Support Services and the Town Chief of Police shall, unless they both agree that a meeting is not needed, meet to discuss the services provided under this agreement and any issues, past, pending or anticipated, associated therewith. At least once each year, the City Police Director of Support Services and the Town Chief of Police shall meet to review and discuss the terms of this agreement and to recommend to their respective City/Town Manager any revisions, additions or deletions. This meeting may be held as one of the above specified quarterly meetings. Upon mutual agreement, the City/Town Managers may change the provisions of Sections 5, 6 and 7 (performance Standards, Service Complaints, Meetings). No other provisions of this agreement may be amended without the approval of the governing bodies of both parties. Nothing in this section or agreement shall prohibit or discourage additional meetings as may be necessary or desired by either party from time to time. In addition, nothing herein shall prohibit or discourage meetings between staff members of both parties other than those 6 specifically referenced in this agreement. However, no staff member of either part may interpret. revise. amend or delete any provision of this agreement except as provided herein. Section 8. Investigations, Discussion and Negotiation for Future Communications Operations. Both parties recognize and agree that internal and external influences may cause the City to investigate and pursue alternative communications operations including. but not limited to. sharing. merging or transferring operations with another community or entity. the City agrees to inform the town of all ongoing investigations. discussions and negotiations concerning alternative communications operations and invites the Town to fully participate in same. Further, the City hereby agrees that it will not pursue alternative communications operations that would not include the Town without the written consent from the Town Manager. Section 9. Renewal Notice. Within sixty (60) days of the expiration of this agreement. both parties shall inform the other in writing as to whether they intend to renew this agreement. Section 10. Town's Responsibilities. The Town shall be responsible for maintenance of all radios or equipment purchased after the execution of the original agreement, providing maintenance and repairs as needed through a Motorola subcontractor. Section 11. Additional Services. The City shall provide only communication services and dispatching services except that the City may unilaterally add any communications. dispatch. information or record keeping services that enhances the City's ability to provide that service to its own service area. 7 The Town shall conform to those procedures and policy necessary to assure that the communications and records keeping for the Town's services area is in harmony with the communications and records keeping of the City. In the event that the City is capable of providing enhancements or additions to law enforcement and communications services which are not unilateral and the Town wishes to avail themselves of such additions and enhancements the Town may, upon mutual agreement with the City, amend Section 4 of this agreement which may necessitate a negotiated amendment by the City to Section 3 of this agreement. Section 12. Hold Harmless. The City, its officials, agents, or employees in providing dispatch and communication services, shall not be deemed to assume any liability for acts, omissions, or negligence of the Town, its employees, agents or officials. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, the Town shall hold the City harmless and shall defend them against any claims for damages resulting from acts, omissions or negligence of the Town, its officials, agents, or employees, subject to the provisions of Florida Statutes Section 768.28. All liability for injury to personnel and for loss of or damage of equipment incurred in connection with this agreement, or in the performance of services or functions pursuant thereto, shall be borne by the City or the Town employing such personnel or owning such equipment, and the Town shall carry sufficient insurance to cover all such liabilities. Section 13. Termination of Agreement by the Town. The Town may terminate this agreement at any time following sixty (60) days written notice to the City. After the effective date of said notice, both parties will be relieved of any further obligations under this 8 . agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Town and the City is a party or to relieve the Town or the City of any liability for its negligence or the negligence of their respective employed occurring while this agreement is in effect. If the Town should terminate the agreement as herein provided and prior to September 30, 1998, the applicable payment referred to in Section 3 shall be refunded on a pro rate basis. Section 14. Termination of Agreement by the City. The City may terminate this agreement at any time following sixty (60) days written notice to the Town. After the effective date of said notice, both parities will be relieved of any further obligations under this agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Town and the City is a party or to relieve the Town or the City of any liability for its negligence or the negligence of their respective employees occurring while this agreement is in effect. If the City should terminate this agreement as herein provided and prior to September 30, 1998, the applicable payment referred to in Section 3 shall be refunded on a pro rata basis. Section 15. Agreement Not Assignable.. The Town shall not assign this agreement. Section 16. Venue. All disputes arising from this agreement shall be settled in a court of competent jurisdiction with venue to be in Palm Beach County, Florida. Section 17. Notices. All notices provided for in this agreement shall be in writing and either hand delivered or sent by certified or registered mail to the party to be notified at the following respective addresses which may be changed by written notice only: 9 City: Office of the City Manager City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 Town: Office of the Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33444 Notice given by or to the attorney by either party shall be as effective as if given by or to said party. Section 18. City Retains Exclusive Control. The City shall retain exclusive control over all equipment and personnel used in providing the services in accordance with this agreement. Section 19. City's Rigbt to Limit Access. The City shall have the right to limit, direct or deny access, to individual representatives of the Town, to Information and Communications capabilities provided in Section _, when such access has been used, in violation of Florida Statutes, in violation of the city, county, state or national directives and procedures governing the acquiring use of sensitive information and equipment, or when such access may jeopardize the City's law enforcement effort or the representative is found to be a security risk. IN WITNESS WHEREOF, the parties have caused these presents to be signed by the duly authorized officers on this day of , 1995. ATTEST: CITY OF DELAY BEACH, FLORIDA By; City Clerk Thomas Lynch, Mayor 10 . . Approved as to Form; City Attorney ATTEST: TOWN OF GULF STREAM, FLORIDA By: Town Clerk Mayor 11 " . . . c-/;t ~1 [ITY DF DELRRY BER[H DElRAY BEACH f l 0 . IDA. tI*d 100 N,W, 1st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000 A11.America City , 'III! MEMORANDUM 1993 TO: David T. Harden, City Manager FROM: ~ Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING 1/17/95 APPROVE RESOLUTION # Jf-9S LOADING ZONE DATE: January 11, 1995 ACTION City Commission is requested to approve Resolution #J./-95, a request to FOOT to designate two parking spaces on the south side of Atlantic Avenue, just east of Salina Avenue, as a loading zone from 8:00 a.m. to -1--:00 p.m., Monday through Saturday. II :00 a..m. (tfo;.s'CD) BACKGROUND A request was received through the Planning and Zoning Director from 6 South Restaurant to designate these two parking spaces as a loading zone for specific times. A request was made to FOOT. They have agreed to this designation but require a resolution from City Commission. RECOMMENDATION Staff recommends approval. Lfllrwul fa ~ 9./lfl. RAB:kwg ~ UJdL ~ Acxvuv ~a..m. tb 11:00 a..m. '-/1:&/ File:g:agenda (1llcu.;t57 ~17t6u Doc.:6South,Res ~) @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~.f I ) RESOLUTION NO. 4-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO APPROVE A CITY REQUEST TO DESIGNATE TWO PARKING SPACES ON THE SOUTH SIDE OF ATLANTIC AVENUE (STATE ROAD 806), JUST EAST OF THE SALINA AVENUE INTERSECTION, AS A LOADING ZONE FROM 8:00 A.M. TO 11:00 A.M. , MONDAY THROUGH SATURDAY. WHEREAS, the City of Delray Beach, Florida, has requested the District Traffic Operations Engineer of the Florida Department of Transportation (FOOT) to approve a City request to designate two (2 ) parking spaces on the south side of Atlantic Avenue (State Road 806), just east of the Salina Avenue intersection, as a loading zone from 8:00(a.m. to 11:00 a.m., Monday through Saturday; and WHEREAS, in support of the request, the City of Delray Beach has made the finding that there is a need to provide such loading zone to provide for traffic safety. 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, formally requests the District Traffic Operations Engineer of the Department of Transportation of the State of Florida to approve the City's request to designate two (2 ) parking spaces on the south side of Atlantic Avenue (State Road 806), just east of the Salina Avenue intersection, as a loading zone from 8:00 a.m. to 11:00 a.m., Monday through Saturday. Section 2. That the City Clerk is hereby directed to furnish a certified copy of this Resolution to the District Traffic Operations Engineer of the Department of Transportation of the State of Florida. PASSED AND ADOPTED in regular session on this the 17th day of January, 1995. f/4,c~ MAY ATTEST: () !/MmiYf/' Jv W' JlmIy ity C rk .... , .. ... ~ DEPARTMENT OF TRANSPORTATION - LAlIfTO/'l cnlLVi - BL~ Ct. WATTS - C:;O~R/'lOK -- Sf:CIU'TA.RY - - -.-: West Palm Beach Operations Center-District -4 '"P 7900 Fo,est Hill Bouleve,d West Palm Beech, Flo,ida 33413-3342 Telaphone (407: 434-391 B: FAX 434 3929 OFFICE OF TRAFFIC OPERATIONS December 19, 1994 Mr. Richard Corwin Deputy Director-Public Works Rr::-r>- City of Delray Beach '- L... . .' ~.~ ~\ - >. >J ? 7 1994 100 NW 1 st. Avenue Delray Beach, Florida 33444 Dear Mr. Corwin: SUBJECT: STATE SECTION 93030; STATE ROAD 806 A T SALINA A VENUE, CITY OF DELRA Y BEACH, PALM BEACH COUNTY REQUEST FOR LOADING ZONE This is pursuant to our letter dated November 1, 1994 regarding the subject location and your request for a loading zone. The Department has reviewed your request and approves the use of a loading zone at the subject location. However, we will need a resolution from the City to change the type of parking. Upon receipt of the approved resolution, we will permit you to change the posted signs. Should you have any questions regarding this matter, please contact me at (407) 434-3918 EXT 121 . Sincerely, 111~ Traffic Operations Engineer MM/jas cc: Mark Plass, F.D.O.T Tracy Empfield, F.D.O.T Tom Driscoll, F.D.O.T. File RECYCLED PAPER * MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~.K.. - MEETING OF JANUARY 17, 1995 AWARD OF BIDS AND CONTRACTS DATE: JANUARY 13, 1995 This is before the Commission to approve the award of the following bids and contracts: 1. Bid Award - to Networks, for the purchase of two Uninterruptable Power Source (UPS) units for the gas chromatograph and atomic absorption test equipment at the Water Treatment Plan Laboratory. Funding in the amount of $10,548 in available from Renewal and Replacement - Computer Equipment (Account No. 442-5178-536-64.11) . Agenda Item No. ;'/(.I-, AGENDA REOUEST Date: 01/09/95 Request to be placed on: XX Regular Agenda special Agenda Workshop Agenda When: 01/17/95 Description of item (who, what, where, how much): Staff requests Commission approval for the purchase of two (2) Uninterruptable Power Source (UPS) units for the Gas Chromatograph and Atomic Absorption test equipment at the Water Treatment Plant Laboratory from Networks, the lowest solicited quote, in the amount of $10,548, including shipping and installation. Current UPS units are of insufficient capacity and are inoperable and unrepairable. Funding is available in R&R account #442-5178-536-64.11, Computer Equipment. ORDINANCE/RESOLUTION REQUIRED: JJ_/NO DRAFT ATTACHED JJ_/NO Recommendation: Staff recommends roval of the purchase of two UPS units from Networks. &~ 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 tf11 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 Public utilities SUBJECT: UNINTERRUPTABLE POWER SOURCE (UPS) FOR GAS CHROMATOGRAPH (G.C.) AND ATOMIC ABSORPTION (AA) INSTRUMENTS DATE: January 10, 1995 Attached hereto is an agenda request with copies of three (3) quotes for the purchase of UPS units for the subject laboratory equipment at the Water Treatment Plant. The laboratory has been experiencing problems with power outages during testing procedures utilizing the GC and AA units. Many of these procedures are meticulous and time consuming in nature. Power surges and fluctuations have resulted in lost data and unnecessary time consumption in repetitive procedures. The original UPS units for these instruments were of insufficient capaci ty to provide adequate protection and are currently inoperable and unrepairable. The attached quotes are for UPS units of sufficient capacity to ensure operational efficiency and prevent damage to these costly and sensitive instruments. The quotes received for equipment purchase, delivery and start up are as follows: NETWORKS $10,548 COMPUTER POWER, INC. $11,570 CUNNINGHAM - WOODS, INC. $19,748 We are requesting Commission approval of purchase of the UPS units required from Networks in Ft. Lauderdale for the amount of $10,548.00. Funding is available in R&R account #442-5178-536-64.11, Computer Equipment. RCH: jem c: William H. Greenwood Donald Haley n'Detenga nlGurumo Jackie Rooney f: T/F City Manager ;.;(.f. . Z0' d ltlll]l NET.aIlKII SALES ORDER I Page f J 1 32f55 MERIDIAN P'!mV STI: 104- FT LAUDERDAlE FL 33331 (305) 3S9 3880, FAA (305) 389 4220 Sales Reo Order . Requeeted Ditta ShIp VIa Ordar Date Purcha.. Order f MNA $1'08179. 12123194 IRua< 1215194 TBA Sold To: CTYDELRAY Ship To: CTYOE37160 CITY OF DELRAY BEACH elTV OF CELRAY BEACH ACCOUNTS PAYJ\Sl.E 100 N W FIRST AVENUE 100 N W ARST AVENUE OELRAY BEACH. FL 33444 OELRAY BEACH, FL 33444 Purcha.. Order' TBA Tax Exempt i 04002190860 Code Qt Item Number Oa.crl tlon Price Amount ES 2 BST FE5.3KVA UN1NTERRUPTlBLE PWR SUPPL Y-R.ooR MOUNT 5299.00 10598.00 EN 2 esT LCS WNE CORD ASSEM. NEMA L6-30 100.00 200.00 EN 4 BST RCp.A S-15R RECEPTAClE 50.00 200.00 EN 4 BST RCP-G L6--20R OUTPUT CONNECTOR OPTION 75.00 300.00 01 2 BST SUO BEST STARTUP OPTION 300.00 600.00 EO 1 SYSTEM DISC SYSTEM DISCOUNT -1899.00 -1899.00 ax Tax Freight Oapo..t Cred It Order Total 9,999.00 0.00 0.00 0.00 0.00 $9,999.00 Note. 1) SUPPLY 2 BeST 5.3 KVA UPS WJil-I THE FOLLOWING CONNECTORS IN EACH. (2) 20A SIMPLEX 240V (2) 120 RECeFT1CI..ES (1) 6' LINE CORD (1) ST ARTlJP OPTlON 7~...J --.\..IT '_',j'.I'-'''''''' _.., ~~ --. L-~-._ ~ ......._ ___ DEC-06-1994 13:07 NETWORKS INC. P.03 IIETWa__ SALES ORDER l Page , I 1 3265 MERIDIAN PKWY STE 104 FT LAUDERDALE Fl 33331 (305) 3893880. FAX (305) 389 4220 S8'e8 Rep Order , Requested Oat. Sh.p Via Order Da1. Purcha.. Order , ~ 81108181. 12127194 1RJCK 1218194 TBA Sold To: CTYOELRAY Ship To: CTYDE37160 CITY OF CEl.AAY BEACH CITY OF OElRAY BEACH ACCOUrvrs PAYABLE 100 N W ARSr AVENUe 100 N W RRST AVENUE DB.RAY BEACH, A.. 33444 OELRAY BEACH. FL 33444 Purcha.. Order it lBA Tax Exempt , 04002190860 Code Ct Item Number D..orl tlon Price Amount IN 1 INS FAElGHT INSTALLATION FREIGHT 549.00 549.00 Mr to the bMiO IX '* Sa.. Tal Tax Frellht D.poelt Credit Order Tat.1 548.00 0.00 0.00 0.00 0.00 $&49.00 Not.. FREIGHT FOR $1108179 08/1ti/94 1ti:JU 'Q'~ U J ti 05;;: 1 t:i ~ CWlt'L 11:.1< jJUH 1:.1< '4j UU;;: . . \ ~ ~. :: .' . . [g Computer Power, Inc. m[E August 16, 1994 Juan Manzano City of Delray 3eac~ Dear Sir: Below is listed che quotation for twe Uninterruptible Pewer Supplies as you requested. Minuteman ~PS systems with receptacles: System *1 $5,100.00 6Xva Outlets: 1- L6-20R 240v 20A 3- Standard Duplexes (6. Outlets) 5-20R 120v 20A System 4:2 $5,100.00 6Kva Outlets: 1- L6-30R 240v 30A *** NOTE ~** This is more power ~~an this UPS can deliver if run at capacity. You should not draw ~ore than lOA from this out:et. If you draw more t~an this rating, the warranty will not cover serrice on this unit. 3- Standard Duplexes (6 outlets) S-20R 120v 20A The cost for bo~h systems would be $10,200 plus shipping and installation. The \v.arranty period is for two years. This covers all parts and labor for repairs to the system. Run-tLme at full load is 20 minutes, half load is SO mi....'"lutes. Additional batterI packs may be added to extend the run tL~e. The setup and delivery charges will be quoted. on a separate sheet. These prices are valid far 30 days from date of quotation. Thank you for contactinq Computer powerr Inc. for you power system needs. Please feel free to call me with any questions regarding this quotation at 1-800-749-4274. Sincerely, -fl.-. -"-= Ben Brotherton Network/Communications Analyst Post Office Box 5568. Florence. South Carolina 29502 Phone 803/665-0478 - Fax 803/665-2168 V;:J."tV ....-0 Vu 0 0;) ~! 0,,\ CmlPl'TER POWER @OO2 't. ,.,;1~ .? .. b~ ,.r ...\ !, c\~4' / JI. y' ~G, " \' ~)H.~'" ~r~ Jil-'~ \.L ~'t- . ' ~< \{It'" .\~'';' '.i\', \\.-- .., , [[g Computer Power, Inc. m[f] August 22, 1994 Juan Manzano City of Delray Beach Dear Sir: Below is listed the quotation for shipping and installation as you requested. Shipping for 2 6Kva UPS systems =rom Texas to your facility: -$3iO.00 Travel and installation of these two systems: $1,000.00 --------- Total travel, installation, and shippinq: $1,370.00 These prices are valid until Friday August 26th, 1994 at noon. The airlines rates will increase at that tLme and the price will be higher for travel expenses for the installation. Flight must be booked Friday for these rates. Travel will be at a later date. Thank you for contacting Computer Power, Inc. for you power system needs. Please feel free to call me with any questions regarding this quotation at 1-800-749-4274. Sincerely, -ft,,- -4---- - Ben Brotherton Network/Communications Analyst '. Post Office Box 5568. Florence. South Carolina 29502 Phone 803i66S..Q478 - Fax 803/665-2168 15:14- ,..... - ~.:;I ~ :3-j.6-94 TUE .- Cunningham - Woods, Inc. No. of pages inc1. this one: 1 To: City of Delray Water Treatment Plant Attn: Juan Manzano Fax number: (407) 243-7318 Phone: (407) 243-7060 From: Donna Ahem Da te: Tuesday, August 16, 1994 If you do not receive all pages, please contact: Cunningham - Woods, Inc. 3001 Greene Street HolIywoo~ FL 33020 (305) 925-5515 ext 13/(305) 925-5424 Fax Subject: UPS quote ********************************************************************* Cunningham - Woods, Inc. is pleased to quote you on the following equipment: Two (2) Liebert UPS/anon S 6. 0 kVA UninterruDtible Power SUDDlies Each unit will include Factory Authorized Start Up, 3 years/::ll parts and labor warrMJ fwith Preventitive Maintenance ~eiformed etween 8 am - 5 pm), 6 jVEl -20 receptacles. One unit will ave 1 NEAlA L6-20 receptacle and the other unit will have 1 ,NElvIA L6-30 recTttacle. Input power connection is an L14-30 plug and requires a de icated circuit Please see attached brochure for other specifications and features PRICE EACH: $9874.00 TOTAL PRICE: $19,748.00 Notes: Freight Included (Not unloaded) Taxes iVOT Included I J ' . uvel rIVe . ' . . ; : I...... " .' U1Hmate Power Protection . .:"/. ~ . . ". } "'-.. . " .. . I. L 1. I.L '1- 'l.-k 1..1. 1:FL1.1 iL. .. . - .. - . .I::. ~ " . .... i ,- . . . . . . . . ' . . '. . .~ ". 4l "-J . -- , , , ... '. ,," t .r . . '. " > ~ _. j , , , - . , -. - . .. r_ .. ~.i l . . . D ~f ." j .', ' , , .' ,~. ,. ".~~'.~J'~tb.~..1 .. ,; . . .. .~ .. . y - - . . <- ; . ... .' . .;".........) .1 ,. ".. .. , ., . 'F"~ . ...~.#F R'-R - E UP. S~. .Ji~. ~ l;~~:"i" FE4.3KVA-18KVAUninterrUpdble . Power , Syste~s ", : '. .~.. . ,,~ .; ., . ; .. . - J ..... . . .~ 5fJ5. .r:.' .~. - .. '. ~ , . " . - - .. - .' '. w .. - - b. ., . ~'.. ~ . - .... " , .. ..' '''''. . .. .. ,.., :;- .. ...... .. .. .0 ,. ";) '" - ...... , . '\ ~. .... , : . '. . ' .. . .' "" ,. ..... -, - " - ~ .~ . .. J ....... '.. .~ . ,); .. . - ,. ' . " .. r .' . . : . ilW iJ .-4 . . . .. . .~ FE Series FERRUPS .. .. . ~ raises UPS,performance, .... .. reliability" and inteJlipence ~ - '-<l( to new ieveis, .--= - < J -<( l 4 <; Active Voltape Repuiation ,:'4 FE FERRUPS has unprecedented , < ability to work with all types . .c( of input sources and loads. .. ~ \FERRUPS' active voltage regula- factor corrected,switch-mode, ' receives .data at baud rates - , .. tion (AVR) capability converts and linear power supplies. from 50 to 38.4K. With software .. power from almost any AC source <lI( < into computer-grade power, ,from BEST, LAN users can -< Longer Runtime, FE FERRUPS Two-Year Standard and easily conttol UPS operation. ~ Improved User Imerface. Users . . . ~ can take extremely low or high "\ Doubie Lifetime 'Warranties may customize over 120 system ~' ~ voltages and convert them to . ~. : <( safe voltage levels - without BEST's Two-Year Standard parameters without learning -.. ~ using the unit's batteries. For Warranty even covers the complicated keystrokes. ... ',..~ j.. '. example, a 120-volt FERRUPS batteries! Our Double Lifetime . ~ boosts or bucks voltages between Warranty (in the U.s. and , . increased Reliability -< 72 volts and 138 volts to achieve Canada) covers both the UPS '<, 120-volt output. This allows and the protected equipment Independent studies show .FERRUPS . '. ~ the batteries to remain fully . from surge damage. has a mean time between failure ~ . ~ charged, saving runtime for .~,: ...... of more than 19 years, c- . '. <II( unexpected blackouts. Enhanced 'Communications ~,FasteT, I6-Bit Microprocessor. - .-it .. Safer Opercuion, FE FERRUPS With this additional 'ffiicrop~ . '-0( .. ~ stops harmonic currents 'genera: FE FERRUPS:brings even more cesser power, FE "FERRUPS is . .' ~ . ted by widely. used switch-mode flexibility and. power to BEST'..s I. .~ smarter, faster,and more reliable . . .. ~ power supplies (SMPS) from -award-winning UPS than ever - all with Jewer parts .; entering a building's wiring . communications. .which means greater -reliability. . ..a ,- where they could cause a fire. ;. . SNMP Ready., FE FERRUPS ' . Enhanced Self Tests, FE FERRUPS .; .( .. is designed for 'uSein Simple, ,performs automatic startUp and - Computer Load Compatible Network M~agement Protocol scheduled tests on the logic ~. j . ~.. (SNMP) environme_nts. '. board, battery, inverter, and l FE FERRUPS meets the demands Network Compatible. other critical systems. .. of computer loads, including power, FE FERRUPS rransmitsand .. .. . -. . - . . '. . . ~. . 1 '" ...... ~, . -. .r" Q~', . . .... . ~ . (:,~ . . . .. - . .. . ~ " - . - . ... i , TTT~TT~T??TT?~~T?TTT~~TTTTTTT~TTTTTTTY Description: Lin~interactive, computer-grade power during complete blackouts or momen- uninterruptible power' systems with outstand- tary interruptions (not like a standby system). ing Iighming proteCtion and isolation of Sine-Wave .Power: Computer-grade, sine-wave ( output neutraL Standard t6-cl1aracter power. S%. or less THD. . vacuum fluorescent. display and keypad for Switcb,Mode Power' Supply Ra~. VA easy- fing.ertip connol and operation is . ratings based on use with typical computer- available. RS23-2 computer interface port . grade switch-mode power supplies having a . .J allows remote connol and display of 231 power factor of O~ 7 to 0.8 and a crest _ factor meter functions~ 191 alarm. conditions, and of 2.7' to 3.5. more from terminal or computer. Audible Overload Capability: 125% on line for.1Q alarm sounds in Morse code. Complete with minutes. 110% on inverter for 10 minutes. sealed. nll'maincenance batteries. LED indi- . Surge capacity up to 150% of rating. .. 1.1 FE RRUP S' . caoolS for AC.line, ready, .charging, battety. ~uency:- 60 Hz :!: a~Ol Hz to ::: 3 Hz. power; and alarm. Operating Ambient- Temperature: 00. co 400 - Centigrade. SpeciflcMlons Storage Thmperature: -200 to +600 Cen- Lightning' and Swge Protection:- Outstand- tigrade (+400 C unless battery is removed). ing 2000-to--l spike attenuation. Passes beth Output Protection: Ferroresonant rnmsfor- Category. A. and higher Category. B mer provides inherent. over/oad prorecnon j ANS1lIEEE C62.41 and.45 tests: (current limiting). Alann for High AC. Low \ Galvanic Isolation:. Complete from line. Less Ac, and Overload on output. { than 2 pF effective- capacitance.. Output. Input Protection: DC fuse and battery I neutral bonded to ground. Qualifies ~ a charger fuse. ClUe,. separately derived power. source under Safety: 60 Hz models - UL listed, cUL cerci- NarionaLElectrical Code Article 250-5d. fied(please specify). 50 Hz models - TUV. OS. - Common .mode noise rejection better ContlOis:, ON-OFF, Connol Panel. than 120 dB. Battft'y Charger: 5 amperes. Regulation:' =- 3%. load regulation. Under NOmHW Input Voit3Je Range: +15%, < any. line.; load,. or battery' condition, exceeds -ZO%.. recommended Computer and Business Equip- Batteries:. Sealed. nll'maintenance. ment Manufacturets' Association (CBEMA} 43-7 KVA: 48, volt. 10-18 KVA:.120 volt. and .ANSI voltage regulation standard for DimenBions. inches (mm): 4.3-5.3 KVA: computing equipment. 29.5hJ15.5w/25d (750hJ395w/635d). Continuous. N~Bieak ~. Line-inter- 7~18 KVA: 365h/19w/32d active system. provides. continuous, no--break (930hJ485w/815d); 'FE and QFE +,3. 53 ancI7 KVA have 22 meter and 18 alann tUncnons. III Hz'" 'tBi #Iot*I. ~ AC Oufpur (....,. AC Input ,. DC ... SIMd. .... AIdIIlt- 8flIIIr. .. (1b&).. - (K1MIW1. 1ZtN 2fJ6V. 2... IbIItt u".. (~s.t.1 ~- ,.,. ~ . No BIiI:I Elfft:; FuifIHftII UI: dII~' IIId. BIlL ~ 431SO. 358: zrJj 17S. I~ 9t1' 78' 1~ 511 If3IJ 24Cl48 ~ 53/3.T 4I.Z: 25.5 22..f I~' 90 SIll 2DI5f) ; 5' - 1463- ~ FE7IM- 7D15J).: 5113. 33.7 2S.2 12OG!D1lHO 90. 129 T2I33 52. 1_ 3Q/S1B . FE1llIM . ltur7.5 S33 4&1 41.7" 2ll8I2Mt- 90- rt 1116 55 2BU 4<Q#' R!Y2.5IM '. IUItf1/l'. 1/1(2 611' 52.1. 2lB':H(L. 9t gr- 11121 56 3315. Si1S't FE1f1Kl14' 181J1t!J1. I!JD.Q'. au . 7!/J,. 2llII24O. 92'- 151 10126" 57 44li2 62!iIt ," -. - . - ,- -.. . . -'. . . " 511 Hz.... -,. - - -. "". ~ ACOIttputf-. M:"-, . DC .u.,. SIIaIt. ~ -........ .tMII:. iIlIt /lit (X1GlitW1 ZJJW DIN 2_ .... U. (1Io&BllLr' ..........- ".... (ffneI . No.IIItJ -- elk- Fu/fIHI1It LtL. dII (IneI bJcL .... . QI"l;r4.11(W( 431SO 194 1&7 17S. 2l!QI2:D!HO' .9lI. 73- 1Q24 sa .333 115.71UJ33 0FES.1/(1It.. 5:JI3.7 2,(1 23D 22..1. ~, 90'. !Jot. 2DI5f) Sf ,411 131.1029.1 - - 0I'E7IM 7JJI5IJ 31.8 3lU 2112' 22D23XHO 90 122. 12133 52 .551: 178.51Z1<< QFl:fOI(\M 101111.5-- ojU. . 435 4fT' 2l!DI'J>>'l(O. 90. 7't' l1I2fJ 55 .B33 zr7~ QFE12.SKVA 12..5/IO.D- 5U 54.'1' 52.%' ~ iI 96 1112T" 58: .. 251# 0FI:1~ ItIDff5D 81.8 783 7!b 2l!D2DJ<<J 92- 145 1t.v.aJ 57 13 m.~ - tu.r IIIUIt fIJJIIOIr ~~., ,*,-alana~"'''"*9& ....- ~~-Uling"'''' F'ot<8dlMlnlIt/Wlllllllllll DIll*<< )aI" se;r... .lIl:iIo.-.w:. - .t!'Eantt:QFEt(J. 12.5; _ 181M danat'-'" ~ s.e.n.._cotII1Iinedln ___ c8tIM -r.w:Ic. - LTP-C221I-3S023.. . -.' @!9M's.;. Pbooor1ildlaalaa).. '. ..I"rioIo.t_.USk .. -. . . - .- .. . - . - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t?11 SUBJECT: AGENDA ITEM # 9.A. - MEETING OF JANUARY 17. 1995 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JANUARY 13, 1994 Attached is the Report of Appealable Land Use Items for the period January 2 through January 13, 1995. 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. ~ rt J1u1 -5-0 ~ C I T Y COM MIS 5 ION DOC U MEN TAT ION TO: ~ T. ~ICI;NAGER THRU: NE ~INGUEZ, ~RE OR ~RTMENT OF PLANNING AND ZONING ./~~ FROM: JASMIN ALLEN, PLANNER SUBJECT: MEETING OF JANUARY 17, 1995 REPORT OF APPEALABLE LAND USE ITEMS JANUARY 3, 1995 THRU JANUARY 13, 1995 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 January 3, 1995, through January 13, 1995. 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 17, 1995 Page 2 PLANNING AND ZONING BOARD SPECIAL MEETING OF JANUARY 9, 1995 The Planning and Zoning Board recommended that the City Commission approve the ordinance calling for a referendum on the annexation of High Point West and surrounding area. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JANUARY 11, 1995 A. Approved (7 to 0) with conditions, a minor site plan modification, the landscape plan and elevations associated with a 4,177 square foot addition to an existing showroom/office building at Dennis Fronrath Chevrolet, located at the southwest corner of s.E. 6th Avenue and s.E. 3rd Street. Concurrently, the Board approved a waiver for the dedication of 5' of right-of-way along S.E. 3rd Street. No other appealable items were considered by the Board. However, the following agenda item required Board action: * Approved directional sign for the Delray Beach Tennis Center. HISTORIC PRESERVATION BOARD: The Historic Preservation Board did not meet during this period. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map ~ LOCATION MAP FOR CITY COMMISSION MEETING OF JANUARY 17, 1995 L-30 CANAL . .-. . 0 i ... ~ i ::l ~ c: .J ~ 8 4( m ..J z < ~ ~ r-.-----. z i1 ~ III ; LAKE IDA ROAD ; ; 0 i J: ; ~ ; m i ST i ; ; ; ; ~ ; ~ i 0 u SW2ST ; F= i z r..!.... _.J i ATLANTIC AVENUE )- ~ 1..- i ~ ; <( i ~ ~ is ; .-___.i 4( 4( ; :f i GO . i 0 ~ ~ ~ i ~ i i ~ LaWSON BOULEVARD s.w. 10TH TREET A 0 ~ ~ J:. i i r- i '-- i i i Ll. i I ..J . ...J )- ,..--..../._.__.J ).. 4( ~ z ! . G 4( U :J ! !f n - I ~ . I I ... i i -------.--.--------.------.--.----------- L-38 CANAl S.P .RAS. . CITY LIMITS --.--- . A. - DENNIS FRONRATH CHEVROLET I MILE I I SCAlE N CITY or DElRAY BEACH. FL P~NINC DEPARllIENT -- DlG/rAL f1ASE UAP SYSTEM -- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t"1v1 SUBJECT: AGENDA ITEM # q. B. - MEETING OF JANUARY 17. 1995 APPEAL OF HISTORIC PRESERVATION BOARD ACTION DATE: JANUARY 13, 1995 This is before the Commission to consider the Historic Preserva- tion Board denial of Certificate of Appropriateness for a free standing sign to be constructed at Villa Delray, 127 S. E. 7th Avenue. The property is located on the east side of S. E. 7th Avenue between S. E. 1st And S. E. 2nd Streets, in the Marina Historic District. The three-foot by two-foot sign will stand six feet above ground level, and is located five feet from the front property line. The HPB reviewed the Certificate of Appropriateness at its meeting of December 21, 1994. Based on a failure to make positive findings to the Delray Beach Design Guidelines, approval to locate the sign as requested was denied by a vote of 5 - O. The Board did approve the sign face, provided it was relocated to the front wall of the building as a flat wall sign. Recommend upholding the Historic Preservation Board's action with respect to the location of the sign associated with Certificate of Appropriateness 8-239. t~ 1:0 0lj7/95 ..5-0 -ro '1"oe. A-fphMnf 'fh~ OffX'~/~ -1-0 ~ #1e.. i/PB'.s bflSlS ~~ d&/u'f; I (If po 1't1 I-s ) IIpphMni ,':5 10 SUJJmi+ weN IE/> ftnSwee. p .' tY( ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER .~ -Q /1J. '\ THRU: ~DOMINGU Z, DI DEPARTMENT OF PLANN ZONING FROM: PAT CAYCE'~ HISTORIC PREsERVAT ON PLANNER SUBJECT: MEETING OF JANUARY 17, 1995 APPEAL OF AN HISTORIC PRESERVATION BOARD DENIAL OF A CERTIFICATE OF APPROPRIATENESS TO ALLOW A FREE STANDING SIGN TO BE CONSTRUCTED AT 127 s.E. 7TH AVENUE, MARINA HISTORIC DISTRICT. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of reversal of an action taken by the Historic Preservation Board with respect to the installation of a 3 ' x 2 ' free standing sign which will stand 6 ' above ground level. The sign is to be located 5' from the front property line (s.E. 7th Avenue). The subject property is located on the east side of s.E. 7th Avenue between s.E. 1st and s.E. 2nd Streets, in the Marina Historic District. BACKGROUND The building was constructed in 1951 for use as an apartment complex and has been used as a seasonal rental (weekly, monthly) by various owners since 1956. The property is zoned RM (Medium Density Residential), which does not allow weekly rentals as they are commercial in nature. Thus, the current use is non-conforming. The sign and its location were approved by the Community Improvement Department's Sign Review Committee at its December 2nd meeting, subject to review by the Historic Preservation Board. The HPB reviewed Certificate of Appropriateness 8-239 with respect to the proposed free standing sign at its meeting of December 21, 1994. Based on a failure to make positive findings to the Delray Beach Design Guidelines, siqnaqe, approval to locate the sign as requested was denied, 5-0. However, the HPB approved the sign face as designed providing it was relocated to the front wall of the building as a flat wall sign. . City Commission Documentation Meeting of January 17, 1994 Appeal of an Historic Preservation Board Action Page 2 HISTORIC PRESERVATION BOARD CONSIDERATION: The Board's decision was based on the following considerations: * The building is located the the RM (Medium Density Residential) zoning district, which does not allow weekly rentals as they are commercial in nature. Thus, the current use is non-conforming. * There are other non-conforming seasonal rental buildings in the historic district but only one has a free standing sign. Signs are commercial by nature and are basically inappropriate for residential districts. * A non-conforming situation exists with respect to the parking as no designated parking spaces are provided and cars park at random in the front yard. Additionally, no landscaping buffer is provided between the parked cars and the sidewalk. Therefore, adding a free standing sign to the front yard would create additional visual disruption and clutter to the streetscape and would detract from the residential character of the neighborhood. * The applicant stated that her tenants know of the apartments by referral or from ads in the paper and that the sign was not a factor in attracting business from people driving past the building. R E COM M NED E D ACT ION: For the reasons stated above, uphold the HPB's action with respect to the location of the sign associated with .. Certificate of Appropriateness 8-239. file/y:villa-3 '. RECEIVED . kT: elII' CLk=.--e-~ tt~ J 0 -i9I CITY CLERK' .....,.-. Aprc-AL f1-\ ~ ACi1:o~,-\ \A K8'J J- WISH '\D ~~J?.Dt~ ~ SI~N ApPF2-0VAL Tt+A T I gE:L\'UESTl:::.-o ., --r1-\- E. eAsE CAME &po~ T1-+f; i:-t1 s TO g...\ c.... P .f2-E SE::: e. VA T1 ON 13>OAR..D ON bEL ~ BEl2- 2.. ( f \qq4 . -.r BEL \ EVe Tl-\-AT :c H-A-VE -r:14 C R\<4t\-T \D f+,o.ve- A" rREE" S~N'D fN1 ~ ''9N AT MY 01 ) fOu~ \JI\1 t,- ApA2-TME1\tT tsUll_DIN~ . I1+E t+lS~elC- P~VAT1D^J B>OA-R-D YD Ii::: D It--\A-t ::r NDT ~E" A LLoWEL:> Jo ~"E" A. PR.EE -::;lAND I NG, 5 ,~rJ BUT . -R A- f"1.-l-E:1L \1-+A-, IT S(--\e)ULD BE- Loc..A TC::..-O orJ , ~ vv~ oF- --r:f-\-E ~lL.D It-.J.~ . Tt\E ~s, -fOrz- TH-€1 ~ D~ Sl~' WAS --r1-+Elg. op, N, o~ . ll-\-A-. A S I~N I~' ~ ~'P ENTIAL lJEJE{-HBDf.f-bc f5 ~EZ:Bss Ae-t L'( ~-F A COM N E:e. Cl4l- L NATURE . -BE-CAusE OU~ ApAR-T NE~1S ~ A--e-E -Rt=:N1E:.D ~SoNALLI -rrtey ~y """"THE SIGN St-\ouLO BE ON TH-€ W~L.L I . . -.....:-- ~ UO'T 'f?;>EUeJ E --r:H- \ S f5 LAWFuL .+ T~ ,AR.B{Tf2.AE.IL., <SA} ""T\+AT tvt"( Sl9N SfbuLD ~ ON ~ WAL...L.-. H-t 5TO ~ CA lA-'f ) F l...Oe..-tD~ ~~~TNEN\ ~U,LD' ~9 NE\'4 HBoe-~p~ ~"E:" ~LVv'A'l5 +tAD $ \ ~N~ A'r MO~T EVEl2-, ~UI\.-Dl~~ . -rt-\-E N 6=- \ '9 .H 8>0 ff2-t-\<)o c IS N.o~TL-, N^ ~~E'NT ~L\'(LDlI06'S ,b."-lD HC~T c>p I1+E ~L1ILD 1 N 9 S ~"\J~ t-\A D p~ ~A-NO{N9 '5 \ t:r~S A, OIVF \1HE Ol2- ANo~. -n+~)e- \S ~ O....-rtt tJ 6 . ~~S ~L-I CJD MHE:e-Gt A-c, A~ou-r A r~~ ~NOlt-...Jb S\~N ArJO ~1 ~VE" AcwA,5 ~ c..o t--I\ H b tJ ~\S OF FLoe l D p... Nt:..\ 91-\ e,o ~r-bo'D S w~ ArA~E)0f t>LLlLDIN~ 5 f?EVA'L- . 'fl~ e>El-1 E\I-c-\1-\€ Sl'9N IS 't?~ Tl FU L AND W(L-L. b~LY CoKPL\M~'~ ~61Ej~D~t-+ooD '. . :c V\lIS t-\ \D 6"E AU-DweD 1'LJ t'uT , LJ~ tv\~ ~~ STANDlN9 S t 9tJ · ~\<-JDU Ap?~NT - M~DA!-EtJA. popov - OWNE'2-. 01= p~DfE:12-'T'f J"~' 5e- 111-\- A'Vr; -- Z-, I-LlD~ 2- - -----.- -~.:::-:--:-.:-~:::..--~-..:..:....:.::..:.- STAFF REPORT HISTORIC PRESERVATION BOARD MEETING NOVEMBER 16, 1994 AGENDA ITEM III.A. COA 8-239 Villa Delray Seasonal Rentals 127 S.E. 7th Avenue Marina Historic District Youliy and Magdalena Popov, Owner ITEM BEFORE THE BOARD The action requested of the Board is that of approving a free standing sign to be located at the entrance to the parking lot associated with the Villa Delray Seasonal Rentals. BACKGROUND Villa Delray Seasonal Rentals is located on the east side of S.E. 7th Avenue, south of S.E. 1st street. According to City records, the building Has constructed in 1951 for use as an apartment complex. The building has been used as a seasonal rental (weekly, monthly) by various o\."ners since 1956. The property is currently zoned RM (Hedium Density Residential), which does not allow weekly rentals as they are commercial in nature. Thus, the current use is non-conforming. No further development history exists for the subject property. ANALYSIS OF THE PROJECT The proposal is to erect a double faced free-standing wood sign. The sign face is approximately 3' x 2' and will stand 6 ' high. The background of the sign is white with gold and green text, and pink, yellow, green, and peach flowers and leaves. The sign will not be illuminated. There is no indication that a previous sign existed on the subject property. The sign and its location were approved by the Community Improvement Department's Sign Review Committee, at its December 2nd meeting, subject to review by the Historic Preservation Board. Staff Comments The sign will be located 5' from the v..'estern property line and 29' from the southern property line (see attached survey) . 'rhe applicant has submitted a variance removal agreement \\'hich states that the sign will be removed if the seLback area is ever needc~d by the Ci ty. BPB Staff Report Villa Delray Sign Page 2 The Ma.rina blsl~iTcC is--tesidential 1n chaTacter-;---~As-such, ~ staff has concerns whether a free-standing sign infers a commercial use and therefore, ~may cause proliferation of additional signs in the district for similar uses. It may be more appropriate to locate the sign on the building so as not to detract from the residential character of the neighborhood. If relocated, a positive finding to the Design Guidelines can be made. ALTERNATIVE ACTION 1. Continue with direction. 2. Approve the sign associated with COA 8-239 based upon positive findings to the Design Guidelinesi Signage. 3. Deny the sign associated with COA 8-239 based upon failure to make positive findings to the Design Guidelinesi Signage. RECOMMENDED ACTION By motion, approve the sign associated wi th COA 8-239 with the condition that the sign be relocated onto the building. Attachments *Survey & Sign Elevation Y:VILADRAY.DOC . ,- . -:;-:"""'" ---~ ~.-...------.. -- --- ~ , 4_ t - --" t I i ! I ! .gcALE 1" = I' J I { 12' I I ~~ I :.,.,~SIGN REVIEW , , I I ! { , ! / ( PLAN REVIEW 3 ' ELECTRIC \ 1..-\\ j...J\ C; 't STAFF REVIEW ~ ,~ ,.,- . /11 /; fNG1N~~~- S' _ I)~ ~ '7 /I1~r /tL ~b ~h pres. ... . T J \ \ I . . 'I r tick. 11Z 30M,^, X , , <:1- eo. t3... ~ ~ 1 t I l I ) . \ - ./ \ '""'-1 --- .~ ~ I ~ '" ~ .--. Q... '} " ,~ ~ -. -= ....,,- .... , <1"\ . ~.. ~ . ~' _ . ~. __ _ .____. _n___"__ . ___ _..- Iz~r__.~ _ _~u . . '. '--', \ ~ " ~ ~ -;-~ (... ':::.. ;) ,.. to " ~~ .." ~ ..A- 'l '" \ ~ ~ .I" ~ ~ s~ ~ ,~ ~~ . \.\.~ r'-J ." ~ .... ;j I ~ ~ ;:; Q \ ,,(. ... (:) ~ Q \;:) - tI) . ~ \:l . .... ~ '. {..: .L{JT~~' . 1. LOT'l'! i~ - ~~ - ,l.(Jlt'? ( ~,,~ \\ ~oT'l'J) \....... ~~ ~ "'-l ~ 1I)",z' ~" >- \.. ~ -~ ~~ -.:: ~ ----\ ~ J ~ ~ I ~ ~ ~ 0, =_1.E._~ 143.00' ? 0 \ ~ ..~...... 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 6r'1 SUBJECT: AGENDA ITEM # q. e. - MEETING OF JANUARY 17. 1995 REVISED STORMWATER UTILITY CAPITAL IMPROVEMENT PROGRAM DATE: JANUARY 13, 1995 This is before the Commission to formally approve the revised Stormwater Utility Capital Improvement Program. At the January 10 workshop, it was the consensus of the Commission to increase the proposed expenditures in FY 94/95 by approximately $1,600,000 to expedite the construction and rehabilitation of pump stations on the beach side. The specific projects to be added are construction of pump stations on Seasage Drive, Miramar Drive, Waterway Lane, Beach Drive, Island Drive, and Harbour Drive, and the rehabilitation of the pump station on Thomas Street. It was the further consensus to fund the accelerated schedule through short term financing in the amount of $1,600,000 as opposed to a long term financing scenario. Pump station construction for Bay Street and Atlantic Avenue, and rehabilitation of the Basin Drive pump station are already funded in the current fiscal year. Recommend approval of the revised Stormwater Utility Capital Improvement Program, with funding through short term financing in the amount of $1,600,000.00. ~(W; u.J/ ~C5LfI- ~ ~ 5-0 Agenda Item No. q.C. AGENDA REQUEST Date: 1/10/95 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: 1/17/95 Description of item (who, what, where, how much) : Staff requests Commission approval of the revised stormwater Utility Capital Improvement Program which increases the proposed expenditures in FY 94/95 by approximately $1.6 million and provides for the construction of pump stations on Seas age Drive, Miramar Drive, Waterway Lane, Beach Drive, Island Drive Harbour Drive and rehabilitate the pump station on Thomas Street. ORDINANCE/RESOLUTION REQUIRED: tIS/NO DRAFT ATTACHED tIS/NO Recommendation: Staff recommends approval of the revised stormwater Utility Capital Improvement Program. DEPARTMENT HEAD SIGNATURE: t/t/~ J/ft/r~ 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: @S/NO [N Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . , MEMORANDUM TO: David T. Harden, City Manager FROM: William H. Greenwood, Environmental Services Director SUBJECT: REVISED STORMWATER UTILITY CAPITAL IMPROVEMENT PROGRAM~~ DATE: January 10, 1995 At the November 15, 1994, the City Commission approved the stormwater Master Plan Schedule of Capital Improvements and authorized staff to proceed with the project list for FY 1994/95. The project list for FY 1994/95 included design and construction of stormwater pump stations on Basin Drive, Bay Street and Atlantic Avenue. Basin Drive and Bay Street have been designed and the construction contract was awarded at the January 3, 1995, City Commission meeting. Because of the heavy rain falls in November and December the beach area flooded three times, generating numerous citizen complaints. In order to alleviate future problems, staff is recommending a revision to the stormwater Utility Capital Improvement Program which would bring forward all of the stormwater pump station projects, contained in the stormwater CIP, to the current fiscal year. This proposal also provides for an increase in the proposed expenditures for stormwater capital improvements in FY 94/95 by approximately $1.6 million and provides for the construction of pump stations on Seas age Drive, Miramar Drive, Waterway Lane, Beach Drive, Island Drive, Harbour Drive and rehabilitation of the pump station on Thomas Street. At the January lO, 1995, City Commission workshop meeting, the Commission consensus was to approve the revised stormwater CIP. Based upon the foregoing, staff is requesting this item be placed on the City Commission agenda of January 17, 1995, for action. WHG:cl Atchs: B. Revised stormwater Capital Improvement Plan - ~-~-#-~-lam%m~.'.'.AW..'.'.'~'.'.~.-..."', I:::~:~'t 0) k~ ".. }",. I\) nt:: 0 1::":7::';7; ::.;.:. ".'/::::'. J.. ....!l> Ii\' -Ii' I;m. ... "{l '-1.' Q:J:.' ~ .j'..!." Z 1m......... ?;!....... "V~W.. '.MI'.. :IM. It I! !i' I it !!J "V > ~ n ~ '< $ ~.,. . il= l} m .....:!; .....g. t>: . III III it I i ~ ~ ii0.. l!!C/J,?g. ~~". 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I,> e . I I ... "'; III It I ~ It It> ~ - Pis" I I. '<.' IS! I ~:i' fi. I I ~ !> ~ ~ [} Ii I<....i 1/ .'. ~} 1/ Fl'} I!:! I} I ........ I} I} Q. ~ I...... I...... I... - I} ~ ~ } 1 I} I} Ii} 1/. I.... ." ...... e tv g .. 1 I I ..... I !/> F I}} .... 1/ E !l. ~ ..' < ....../ ....... /< ': ~91~ ! ..... !}e 5. 1< ...... ~ ~ ~ I> ...... 1/ Ii ~ ~ V s' i k Is 1< . i ~/~ / !}</ I\\i e ~>} ~ .......... I. I ....... .... ....... I> ~ /i<}}// ....... I} > .. . I .i... ~ } ~ f -~ ....... ..... I I ...... Ii} I}> .... I} Hi I / .~ I> ~ I> ...... !i' I.... I> I .... is ! ....... .......... .... ..... ..... i .... ~ ~ . " .>> I}\ ........ I I '. I I..' "'i}/ I. ..... w. r '" ........; ~/>i ..... ....} ....i ...... ....... i ~ ..i/ I ......../ I}} I liii I .......}< I, Ii .. --.- ;. ~~ ...... .......} 1\> !:!!:! .... ~. <.~ I: ~ ~~ ~ ..... v . ~.. ~\.} ........ 1\ : .... li\ ;; I....... Ii.} I........ .......> L> i. .. _> Ii> I} 1<> Ii ... ~ ~ !..} 1\ .... F I\i I/~ Ii> ... ....i ~ 1< I} I ...... }} ,i I.. I'.' I.}.i. 1\ ;....... !:! / I}. I}" ....... I} ! ..... ......> ~ I> Ii Ii} I}i I>...... !" ,...i> I/i .....ii I I ~ li\ .~ . ....} . ..../} . .... <} ~ I ~ ......... ..... .... I ...... ....... I... ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # q. /). - MEETING OF JANUARY 17, 1995 SERVICE AUTHORIZATION NO. 22/HAZEN AND SAWYER, P.C. DATE: JANUARY 13, 1995 This is before the Commission to consider Service Authorization No. 22 to the contract with Hazen and Sawyer, P.C. for engineer- ing services to design and construct new pump stations on Miramar Drive and Atlantic Avenue. Funding in the amount of $48,418 will be available from Storm- water Utility - Miramar Drive Pump Stations (Account No. 448-5411-538-62.45) and Atlantic Avenue Pump Stations (Account No. 448-5411-538-62.46) , through proceeds from short term financing for stormwater improvements. Recommend approval of Service Authorization No. 22 with Hazen and Sawyer, P.C. for engineering services related to the new pump stations on Miramar Drive and Atlantic Avenue. ~ 6-0 Agenda Item No. Cf./) . AGENDA REQUEST Date: 1/10/95 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: 1/17/95 Description of item (who, what, where, how much) : Staff requests Commission approval of Service Authorization No. 22 to the contract with Hazen and Sawyer Environmental Engineers and Scientist in the amount of $48,418.00 for engineering services necessary to design and construct new pump stations on Miramar Drive and Atlantic Avenue. ORDINANCE/RESOLUTION REQUIRED: ytS/NO DRAFT ATTACHED ytS/NO Recommendation: Staff recommends approval of Service Authorization No. 22. Funding is available from the stormwater Utility Fund. DEPARTMENT HEAD SIGNATURE: ~4~n~h'J J //R/'~- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~ ~~ + ~~ Funding available E NO .-- ~ Funding alternatives ." (it ,applicablfi) Account No. & DescrintionA4..8-S411__53.8-62 tiS .M1111l"'"'r Dr ;md 448-~1l-~3&62-~(tAt;.l..Av~~ ' Account Balance _ $< I~AQ9CLOO l;rir.:lQ}'lT pr.. anO. , $252,00.0.00 AtLAy,p .' City Manager Review: Approved for agenda: ~,$/NO t~'l Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: William H. Greenwood, Environmental Services Director SUBJECT: SERVICE AUTHORIZATION NO. 22 - HAZEN AND SAWYER ~~ DATE: January l7, 1995 This is a companion to the agenda request for approval to revisions to the stormwater Master Plan Capital Improvement Program. At the November 15, 1994, the City Commission approved the stormwater Master Plan Schedule of Capital Improvements and authorized staff to proceed with the project list for FY 1994/95. The project list for FY 1994/95 included design and construction of stormwater pump stations on Basin Drive, Bay Street and Atlantic Avenue. Basin Drive and Bay Street have been designed and the construction contract was awarded at the January 3, 1995, City Commission meeting. Because of the heavy rain falls in November and December the beach area flooded three times, generating numerous citizen complaints. Staff is recommending a revision to the stormwater Utility Capital Improvement Program which would bring forward all of the stormwater pump station projects (seasage Drive, Miramar Drive, Waterway Lane, Beach Drive, Island Drive, Harbour Drive and Atlantic Avenue), to the current fiscal year. Also included in that proposal is the rehabilitation of the pump station on Thomas Street. For expedience sake the design of the next priority level, Atlantic Avenue and Miramar Drive, is recommended for award under this service authorization. The service authorization is in the amount of $48,418.00 and includes design, permitting, bidding and construction management services. Requests for qualifications will be solicited for the remaining pump station projects, contingent upon City Commission approval of the revised Stormwater Utility Capital Improvement Program. Hazen and Sawyer has estimated that by consolidating the design and construction of the remaining pumps stations into one project the City will decrease overall project costs by 10-l5%, which will offset the total engineering costs. Funding, for design of Atlantic Avenue and Miramar Drive pump stations, is available in the stormwater Utility Fund. Recommend this item be placed on the City Commission agenda of January 17, 1995, for consideration. WHG:cl Attachments J8H 11 ' ~35 g: 15 F ROt-' HAZE H SALJYE R-BOCA PAGE.001 ,- CITY OF DELRAY BEACH CONSULTING SER'lICE AUTHORIZATION DATE: Januar~ 101 1995 SERVICE AUTHORIZATION NO. 22 FOR CONSUL TING SERVICES CITY P.O. NO. CITY EXPENSE CODE: PROJECT NO. (CITY) (HAZEN AND SAWYER, P.C.) TITLE: Atlantic Avenue/Miramar Dliye PumD Station and Dralnaae Improvements This Service Authorization, when executed, shall be incorporated in and shall become an Integral part of the contract dated as if written there in full. I. PROJECT DESCRIPTION This Service Authorization is for the provision of qesign, permitting, bidding and construction management services for a new stormwater pump station and associated drainage improvements for Atlantic Avenue and Miramar Drive. Specifically, the improvements include: Construction of new stormwater pump station, including vertical turbine pumps, concrete wetwell, gravity and pressure discharge lines, remote telemetry unit, and flap gate backflow preventers. The level of service for this station is based on a five year recurrence interval storm criteria. Work is assumed to be limited to City road right of ways or existing drainage/utility easements. II. SCOPE OF SERVICES A. Phase I - StudY and ReDort Phase. Not Applicable at this Time B. Phase II - E'relimJnary Desio" Phase. Not Applicable at this Time Post.it'" Fax Note To I : Co./OI!Pt. Phone fJ ~ l{3- Fa.u 70 {, D Ph~# FllJlII PROSC1fJ7.BCA:01.fO.95 ~ Pagl1/ 1 of 5 -'--..", .. '. -- J~N 11 '95 9: 16 FROM HAZEN SAWYER-BOCA PAGE.002 ~ c. Phase III - Final Design Phase - Provide surveying. floal design. oonstruction . documents. and germlttlng services. CONSULTANT shall provide final design phase services in accordance with Article III.C of the Contract. CONSULTANT shaJl perform all hydrologic and hydraulic modeling necessary for system design. CONSULTANT shall perform hydraulic analysis for pump station design. CONSULTANT shall prepare necessary site, demolition, paving and grading plans and construction details. CONSULTANT shall prepare all construction specifications. CONSULTANT shall produce the final design drawings on standard 4-mil, 22-inch by 34-inch mylar sheets. CONSULTANT shall prepare all drawings utilizing a CAD system. CONSULTANT shall furnish. with the drawings, one set of CAD drawings files on IBM PC.AT formatted, magnetic media compatible with AUTOCAD Version 10 (or later) for use by CITY. Services shall include preparation of detailed final opinion of probable construction cost based upon the completed final design drawings and specifications as approved by CITY. The estimate shall reflect changes in scope incorporated during design reviews with CITY staff. CONSULTANT shall be responsible for the coordination with CITY staff and departments, and for the activities of the sutrconsultants. Part of this function is to monitor progress of all staff associated with the project and to identify critical areas of concern which fall behind schedule. CONSULTANT will maintain a detailed project schedule and take steps when necessary to insure the project stays on schedule. CONSULTANT shall submit monthly project status reports to CITY. CONSULTANT shall prepare and submit, on behalf of CITY, construction permit applications to the following regulatory agencies: . South Florida Water Management District Associated permit application fees shall be determined by CONSULTANT and paid by CITY. Any desIgn of additional water quality treatment facilities required by SFWMD will be considered additional services. D. Phase IV . Bidding/Neqotlatlon Pha~ . Provide bidding and contract neaotiatlon ser:Y.lces. The CONSULTANT shall provide Bidding/Negotiation Phase SelVices in accordance with Article III.D of the Contract. CITY will utilize standard procurement procedures for the formal advertising and receipt of bids. PROSC197.BCA;01.10-95 Page 2 of 5 JFH..J 11 ' ~35 9: 16 FROM HAZEN SAWYER-BOCA PAGE.003 CONSULTANT will furnish 20 copies of final drawings and specifications for the City's use. CONSULTANT will provide pre-bid services, such as preparation of advertisements for publication by the CITY, distribution of planholder lists, issuing of addenda, answering technical questions during the bidding period, attending the bid opening, evaluating bids, and making a recommendation for award. CONSULTANT will prepare 10 copies of conformed contract documents for execution by Contractor and review executed Contract Documents and bonds before forwarding to the CITY for execution. E. Phase V - ConstructIon E!base . Provide construction manaaement services. CONSULTANT shall provide Construction Phase services in accordance with Article III.E of the Contract. CONSULTANT shall provide part time resident project representation through its Resident Engineer and Engineering Inspectors in accordance with Article I1I.F of the Contract. Part time resident project representation shall not exceed 40 hours. The CITY will provide material and soil testing and inspection services as required to assure compliance with the construction documents. Also, CITY will utilize the services of a concrete testing laboratory to perform concrete tests as detailed in the construction specifications and deemed necessary by CONSULTANT. CONSULTANT shall not be responsible for the means, methods and accuracy of material testing subcontractors. F. Phase VI . Resident Project Representative Services Phase - Not Applicable at this Time III DATA AND SERVICES TO BE PROVIDED BY THE CITY CITY shall provide Data and other services in accordance with Article IV of the Contract. IV COMPENSATION ATLANTIC A VENUElMIRAMAR DRIVE PEE Design $31,472 Bidding $4,842 Construction $12,104 Lump Sum $48,418 PROSC197.tJCA:O 1.10-95 PagQ 3 of 5 ..'. J-AH 1 1 ~ ~3 5 '3: 17 FROM HRZEH SRWYER-BOCR F'RGE . (J04 - All surveying, testing and permitting costs will be a direct cost to the City, paid out of the project contingency line item on a time and materials basis. Surveying testing and permitting costs not to exceed $30,000 without prior authorization from the City. Additional services, if necessary, will be provided on a time and materials basis upon written approval from the CITY. IV TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written Notice to Proceed). Completion Time Design 15 weeks Permitting 22 weeks Bidding 22 weeks Construction 40 weeks This Service Authorization is approved contingent upon the CITY'S acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas . 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 any further notice to proceed. Approved by: CITY OF DELRAY BEACH HAZEN AND SAWYER, P.C. Date: Date: By: Thomas E. Lynch Gary W. Bors, P.E. Mayor Vice President Witness Attest: Approved as to Legal Witness Sufficiency and Form PROSC197.8CA:01-10-95 page 4 of 5 - -. - . -JRt,) 1 1 '95 9: 1 E: FROM HAZEN SAWYER-BOCA PAGE.005 STATE OF Florida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this _ day of _' 1994 by .Gary W. Bars. Vice Preside.nt (name of officer or agent, title of officer or agent, of Hazen and Sawyer. P.C. (name of corporation acknowledging), a ~ew York (state or place of incorporation) corporation, on behalf of the corporation. He/She (is personally known to me) or has produced identification), Florida Driverts License (type 01 identification) ~ identific&tion) and (did/did not) take an oath. Signature of Person Taking Acknowledgement Name of Acknowledger Typed, Printed or Stamped PROSC197.BCA:01-1o-9S Page 5 of 5 ........ - . . -- '"' - "",. -"...-- .--- . . - . [IT' DF DElRA' BEA[H DElRA Y BEACH F lOR I D A tdtd 100 N.W. 1 st AVENUE. DELRAY BEACH, FLORIDA 33444 . 407/243-7000 AII.America City , 'III! MEMORANDUM 1993 TO: David T. Harden, City Manager ru1 FROM: "'Robert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM:## 9-ECITY COMMISSION MEETING 1/17/95 APPROVAL OF WEST ATLANTIC AVENUE GREENWAY PLAN PHASE III DATE: January 11, 1995 ACTION City Commission is requested to approve the Atlantic Avenue Greenway Plan Phase III for the current fiscal year, in the amount of $25,000, with funding to be split 50/50 between the Community Redevelopment Agency and the City. City share of $12,500 to come from the General Fund Construction account (Contingency). BACKGROUND This item was reviewed by City Commission at your January 10, 1995 Workshop. Priorities and estimated costs, per Commission direction, are as follows: 1. Lot at N.W. 9th Avenue $ 8,700 2. N.W. 10th Avenue (fence-ficus hedge option) 1,300 3. S.W. 7th Avenue west of Schulers 8,100 4. N.W. 7th Avenue north of Amoco Station 6.900 $25,000 At the Workshop, City Commission requested the Community Redevelopment Agency to share in these costs 50/50. The Community Redevelopment Agency will be meeting on Thursday, January 12, 1995. Commission also indicated that the 4th priority location is not a high priority item. RECOMMENDATION Approve as proposed or approve first three priorities only. RAB:kwg ft'oe€~ wiYn (I) C1-- c~) . h~ ~ File:g:agenda ~ on (a) f1- C~) ~ (!Lyf Doc,:greenway.ok cnm~ - @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ~5-0 - Agenda Item No. : AGENDA REQUEST Date: 1/11/95 Request to be placed on: X Regular Agenda Speclal Agenda Workshop Agenda When: 1/17/95 Descrlptlon of agenda item (who, what, where, how much) : Approve Atlantic Avenue Greenway Plan Phase III for the current fiscal year, in the amount of $25,000 with funding to be split 50/50 between the CRA and the City. City share of $12,500 to come from the General Fund Construction (Contingency) Account. ORDlNANCE/ RESOLUTION REQUIRED: Y2S@ Draft Attached: YES/NO Rec omrr,enda t ion: 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' .AiIAv Account No. & Description: Account Balance: jJ .5 City Manager Review: Approved for agenda: cff~/ NO ttp~ Hold Until: I Agenda Coordinator Review: Received: Action: Approved/Disapproved - ~ -r};:. c~,- CD Community .~ 41r~ Redevelopment fv~ Iltg/t!/O 0 -a Agency Delray Beach January 17, 1995 Mr. David Harden City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: West Atlantic Avenue Greenway Phase ITI Dear Dave: Last Thursday night, January 12, 1995, the CRA Board discussed the City's request that we participate in the funding of the above-mentioned project. The Board supported the concept of participation, but our current budget does not have any funds for the project. The Board further discussed that once we resolve the disposition of one of the historic houses and the CRA frees up funds we would, at that time, be able to make a commitment for the project. In summary, we cannot commit at this time but would be willing to fund 50% of the project once we resolve the historic house disposition. As you know, we are spending more monies on land and renovation costs than anticipated. Christopher J. Brown Executive Director /d 207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # q.~. - MEETING OF JANUARY 17. 1995 BEAUTIFICATION PLAN FOR WEST ATLANTIC AVENUE DATE: JANUARY 13, 1995 This is before the Commission to consider approval of the final plans with Cotleur Hearing, Inc., Consultants, for landscaping and irrigation of West Atlantic Avenue between the CSX Railroad and Military Trail. At its meeting of July 5, 1994, the Commission gave approval for Cotleur Hearing, Inc. to continue preparation of the final plans. The final plans reflect the variations permitted by the Florida Department of Transportation. As a result of these variations in the plan, the landscaping portion of the budget has decreased and the irrigation budget has increased. Exact cost estimates were not available at this date; however, the consultant will bring detailed costs to the meeting on January 17. Recommend approval of the final plans for the West Atlantic Beautification project. ~5-o . . , . A<Jenda I tem No. I cr. F". ,. . "GENOA llEQOeST Date: 1/10/95 Request to be placed on:' X , Regular Agenda , Spec la 1 Agenda Workshop Agenda When: 1/17/95 . Uescription of agenda item (who, what, where, how much). West Atlantic Avenue Beautification - Final Approval - Cot leur Hearing Consultants , ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval . Department Head Siqnatures A~~-~ , ! Determination of Consistency with Comprehensive Plan. . City Attorney Review/ Recommendation (if applicable): , . Budget Director Review (required on all ite.. involving expenditure of funds): - Fundlnq available, YESI NO Fundlnq alternatives: (if applicable) Account No. & Description: Account Balance: City Manaqer RevIew: 6)/ NO zr~ 1 Approved (or agenda: Hold Until: Agenda Coordinator Review: Received: , Action: Approved/Disapproved MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER COMMUNITY IMPROVEMENT ~ THROUGH: LULA BUTLER, DIRECTOR, FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR C3]Q RE: WEST ATLANTIC AVENUE BEAUTIFICATION - FINAL APPROVAL COTLEUR HEARING CONSULTANTS DATE: JANUARY 9, 1995 ITEM BEFORE THE COMMISSION - - The item before the Commission is the presentation of the final landscape plans for West Atlantic Avenue (between the CSX Railroad and Military Trail) . With Commission approval these plans will be let for bidding. BACKGROUND At the City Commission meeting on June 7, 1994 the City Commission adopted a resolution authorizing the City to apply for grant funding available through the 1994/1995 State and County Roadway Beautification Program. At that same meeting the consulting firm of Colteur Hearing Inc. , was selected to prepare the landscaping and irrigation plans as well as the preparation of all information needed to apply through the Department of Transportation for a variance from certain design guidelines. On July 5, 1994, preliminary plans were submitted to the City Commission for review and approval to continue with the final plans. The Consultants had many meetings with D.O.T. and the final plans reflect the variations permitted by D.O.T. Ultimately the City was granted relief from Index # 546 which enables the planting of trees with a trunk diameter greater than 4 inches within the sight triangles established, providing that 50% clear view of an oncoming passenger car is maintained. All such trees must also have 8 feet of clear trunk. We were not able to get a variance which would permit smaller specimen materials under 8 feet in height, even though we could maintain 50% visibility. As a result, the landscaping portion of the budget has decreased. The irrigation budget has increased, however, as a result of utilizing the Motorola Irrinet System and the MIR 5000 which is consistent with the long term plans for the Parks Department's citywide system. Exact cost estimates were not available at the time the agenda packages had to be submitted. The Consultant will bring detailed costs to the meeting on January 17, 1995. 1 RECOMMENDATION Staff recommends the City Commission approve the beautification plans for West Atlantic Avenue as prepared by Cotleur Hearing, Inc., and give authorization to have the plans let for bid. 2 r ---- --- .- - - - - I .. ., ... . :-:;:'J"l : .: J T _=JRt:"'E~~ I 'Dim ="-{)'E :'0- 4217 747 1377 J3,.-" 1 7 1 ::J::J5 34: 33::"1 =-2 ~w 10) ~ .. -.j ~ .. C7> .. ~ -t '-I ro ~ \P Ol_ 0 ~ W"'" N - m J> .0) ro w.. ... ~-- ... ~ en txJ el ~ 0 Clt.) U1 \D ~~ .. [l) .... U1 -f OColN C. 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':C Wf:HT:2,0-S6ET (1T 'uEf LLf 1 L\7L LO\7 : '0:" :Jt:C/-!.:: tltl9h r dtj3f-<t:lcr'311C: : 1.,C:c~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'Jt1 SUBJECT: AGENDA ITEM # 9.r;. - MEETING OF JANUARY 17. 1995 CHANGE ORDER NO. 2/SUN ART PAINTING CORPORATION DATE: JANUARY 13, 1995 This is before the Commission to consider Change Order No. 2 to the contract with Sun Art Painting Corporation for revising the specification on the coated steel painting at the Water Treatment Plant. The revision includes adding a coat of urethane on the steel surfaces (piping, handrails, etc. ) , and calls for a 28 calendar day time extension. The total amount of this Change Order is $6,300. Funding is available from Water & Sewer - Building Maintenance (Account No. 441-5143-536-46.10) . Recommend approval of Change Order No. 2 to the contract with Sun Art Painting Corporation. ~ tf& I (Ilttui()) d;;xd ~) ~c -~ Agenda Item No. 9 ,G. AGENDA REOUEST Date: January 10, 1995 Request to be placed on: X Regular Agenda special Agenda Workshop Agenda When: January 17, 1995 Description of item (who. what. where. how much): Staff reauests city Commission aooroval of Chanae Order #2 to the Contract with Sun Art paintina Corooration on Repaintina the Water Treatment Plant (Project #94-53). Work in this Chanae Order includes aoolyina a 3 mil thickness coat of "Tnemec 74 Urethane" to all steel surfaces - atmosoheric (system 4A). As per the base bid apolication schedule. The reauest also includes a twenty-eiaht (28) calendar day time extension. The total amount of this Chanae Order is for $61300.00. Funding is available from the Water & Sewer Fund: Division: Maintenance Account # 441-5143-536-46.10. ORDINANCE/RESOLUTION REQUIRED: YE~DRAFT ATTACHED YE~~ Recommendation: Staff requests approval of Change Order to Sun Art Painting corporation in the amount of $6,300.00 and extension of time. Department head signature: ~D"~_.f} ~ 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 " (if applicable) " Account No. & Des~, r' ption441-Sf/!-6'-S2fo. 40-10 LN Am/?. Iv1AlNT - f3iUi-vJ N6!::J Account Balance, 432. City Manager Review: ',. Approved for agenda: Nt,fSlNO /7~ Hold Until: (- Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Memorandum To: David T. Harden, City Manager From: William H. Greenwood, Director of Environmental svcs.~~~ Date: January 10, 1995 Re: Repainting the Water Treatment Plant (94-53) Change Order #2 for additional work Attached is an agenda request for Commission approval of Change Order #2 to Sun Art Painting for revising the specification on the coated steel painting at the Water Treatment Plant for the above referenced Project. The revision includes adding a 3 mil (MDFT) coat of "Tnemec 74 Series Urethane" to all steel surfaces outlined in the Contract which are exposed to atmospheric conditions. The Change Order is for an add amount of $6,300.00; and an additional twenty-eight (28) calendar days to the Contract time The existing paint system calls for 6-8 MDFT coating of Surface Tolerant Epoxy Mastic. Adding the coat of polyurethane to these surfaces will provide a glossier, more aesthetically pleasing surface;and should increase the life of the paint system. Most of the surfaces included are in a highly visible area of the Water Treatment Plant. The existing paint surfaces are epoxy coated. They have chalked and faded due to prolonged exposure to the atmospheric elements. Some of these surfaces were painted as recently as two years ago. The price of $6,300.00 for this work has been reviewed by our consultant, CH2MHill (see attached) and staff. They appear to be reasonable for the proposed scope of work. Funding is available for this Change Order from the Water Sewer Fund/Building Maintenance account #441-5143-536-46.10. CC . Dick Hasko, P.E., Deputy Director of Public utilities . Don Haley, Water Treatment Plant Manager Howard Wight, Construction Manager A:MEM09453.DOC MEMORANDUM CNMHILL - TO: Howard Wight/Delray Beach COPIES: Don Haley /Delray Beach 1""t"~'~IFFR1MG Dick Hasko /Delray Beach DEe 1 3 1994 William Greenwood/Delray Beach Jim Driscoll/ CH2M HILL/BOI FROM: Tim Sharp / CH2M HILL DATE: December 8,1994 SUBJECT: Change Order Request from SunArt PROJECT: FL W30787.PT We have reviewed the change order request from SunArt to apply a coat of urethane on the steel surfaces at the Water Treatment Plant. Although the original paint specification provides sufficient protection for the painted surfaces, the coat of urethane will increase the life of the paint finish. During the preparation of the technical specifications, the City's budgetary constraints were considered, and the lasting of the finish was not an integral part of the design. Therefore, urethane coating was not specified. However, if the City wishes to maintain the glossy finish on the steel surfaces for a longer period of time, we recommend adding the coat of urethane. We also reviewed the contractor's cost for the urethane and it appears to be a fair price. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 PROJECT NO. 94-53 DATE: PROJECT TITLE: Repainting the Water Treatment Plant TO CONTRACTOR: Sun Art paintinq Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Revise system 4A coated steel atmosphere as follows: 1. spot prime bare metals (as specified in existing contract). 2. Full coat epoxy mastic (as specified in existing contract). 3. Additional coat of Tnemec 74 Series Urethane 5 mil modification would be an additional cost of $6,300.00. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $38,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 9,840.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 47,840.00 COST OF CONSTRUCTION CHANGES THIS ORDER 6,300.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 54,140.00 PER CENT INCREASE/DECREASE THIS CHANGE ORDER +16.6 % TOTAL PER CENT INCREASE/DECREASE TO DATE +42.5 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 28 CALENDAR DAYS Repainting the Water Treatment Plant project No. 94-53 Page 2 CERTIFIED STATEMENT:I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit competitive bidding. Sun Art Painting Corporation (Sign & Seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services 441-5143-536-46.10 Water Maint/Div Maint. DEPARTMENT FUNDS BUDGETED CODE SOURCE DELRAY BEACH, FLORIDA By its City Manager RECOMMEND: By: William H. Greenwood, Director David T. Harden, City Manager of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # q.lI. - MEETING OF JANUARY 17, 1995 APPOINT A LIAISON TO THE COMMUNITY AFFAIRS COMMITTEE OF STATE REPRESENTATIVE, WILLIAM ANDREWS DATE: JANUARY 13 I 1995 This is before the Commission to consider appointing a liaison between the City and State Representative William Andrews I Community Affairs Committee for issues relating to State government. Recommend consideration of this proposal. /,,:-',,- ... , ~. ','- "" I I' l" '7 ' -L,'v, - {.\..,., D'T Ii . --r Iu>'/-c '4 h11...4t ,~'. / I 'c. {'I !It'll C/l'y < g CO~ 1.9.9/ Florida House of Representatives I%1/S0';o,t' Tallahassee, Florida 32399-1300 December 27, 1994 The Honorable Thomas E. Lynch Mayor, City of Delray Beach tOO NW 1 st A venue Delray Beach, Florida 33444 Dear Mayor Lynch and Fellow Commissioners: As you are aware, I 'am the new State Representative for District 87, which covers a portion of Deiray Beach. As a former city commissioner. I am acutely aware of local issues impacted by Florida Statutes that have lost their usefulness and, in fact, inhibit cities from being inventive or, at the very least, up-to-date in the management and operations of city government. The frustration I experienced as a city commissioner led me to request Community Affairs as one of my House Committees. I have recently been notified that I am assigned to that committee. Since I will not have the time to attend as many of your meetings as I would like, I am asking that you appoint a member of your body to be a direct liaison to me for issues that concern you and are related to State government. I remember many times the City Attorney blocking innovative approaches because of some statute. I want to remove as many of those encumbrances as possible so that you can fully take command of your city's problems through new approaches that can make you more effective in solving local needs. Even if you come across a problem statute and you can not wait for the legislature to take action, please notify me anyway as I am sure the issue will come up again and cost some city, somewhere, from being more effecti ve in their governing process. Additionally, I have been appointed to Education, K-12 (Sub-committee on Accountability & Governance), Regulated Industries, and Business & Professional Regulation. I want to stress to you that the committee assignments do not limit the impact I can have in other areas. I hope to be a leader in criminal justice reform as well as education. I also feel that most House members are more than willing to work on issues of equal concern so you should feel comfortable requesting that I look into other areas of concern even though I may not be on the "Committee" that would handle that issue. My staff members are as follows: Cathy Watkins, Executive Secretary, (formerly with Representative John Laurent) and Pam Hackett, Legislative Assistant, (formerly with Senate President Jim Scott). Please feel free to refer to them as your needs arise, Printed on Recyded Paper > . , - -- ~ The Honorable Thomas E. Lynch and Fellow Commissioners December 27, 1994 Page two however; protocol requires that individual and specific local issues that only affect one district be handled by the represen tati ve in that district. Beginning December 30, 1994, my district office mailing address will be: 777 E. Atlantic A venue, Suite 226 Delray Beach, Florida 33483 (407)279-1616 Thank you for your time and consideration as we follow the 1994 election mandate by the voters to bring decision making back to local control. s~ -yO---- William F. Andrews Representative, District 87 WFA/cw , ' [IT' DF DELRA' BEA[H DELIA Y BEACH CITY CLERK DELRA Y BEACH, FLORIDA 33444 407/243-7000 ' 1 0 . I D A 100 N,W, 1st AVENUE . . ...... qur 1993 January 19, 1995 The Honorable William F. Andrews 777 East Atlantic Avenue, Suite 226 Delray Beach, FL 33483 Re: Appointment of Liaison Dear Mr. Andrews: I am pleased to inform you that Commissioner Barbara D. Smith was appointed by the City Commission on January 17, 1995, to serve as liaison between the City and your office for issues related to State government. Sincerely yours, IF~Q --r( ~,~ DAVID T. HARDEN City Manager DTH:amb cc: Commissioner Barbara D. Smith and. doc @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # 9. r. - MEETING OF JANUARY 17. 1995 APPOINTMENT TO THE CODE ENFORCEMENT BOARD DATE: JANUARY 12, 1995 There is an outstanding vacancy on the Code Enforcement Board for an alternate member (real estate position). The term is for three (3 ) years, ending January 14, 1998. All board members must be residents of the City. Also, whenever possible, regular and alternate members shall include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. Per the City Code, the realtor is to be licensed under the laws of the State licensing real estate brokers as either a broker or a salesperson, or will possess similar qualifications under the laws of other states, or will have actual experience deemed by the Commission to be equivalent to licensing. While it is desirable to have such representation, it is not mandatory. The following individuals have applied for the real estate position: B. Hilary Carpenter Adele S. King Richard LiCastri Chris Stray Stanley Watsky The following laypeople have also applied: Martin Bellsey P. Richard Brautigan David Cohen Sidney Soloway Anthony Veltri Pursuant to Commission direction, a check for code violations and municipal liens has been conducted. None were found. The appointment will be made by Mayor Lynch (Seat #5). Recommend appointment of an alternate member to the Code Enforcement Board for a term ending January 14, 1998. ref:agmemo2 01-10-95 15:32 312 P02 ,...: ~ _.- ". - - - .... -. - ~.. ~ - - -. - -..- .. . ... - ... . -- - -- - - .... -. ~1l/09/95 .. - -- - .- - - - '. - - - . 16:01 '0'407 2"13 3774 (' I T Y /DELf<A Y 8CH. laJ 002 CITY OF nElRAY BEACH 80ARD MEM!F.R APrL [CATION -, '-.-- NA."tl! --.lI. Q.:U,..q Carpenter __ . ., ...-. - --..-,-, - - . .-, - .. 333 Patm Tr..:ll. nelr!j...BeQCh, n 33483., .-... - - - HOMJo: ADDRESS (Street, ,1ty, Zip Clld!:'.! l:mTRF.S(r)J~~c'F:)'. 1177 CtAu.L.Iush.Blvd., Suite 101. .D~lr~y,Be~h..a~FJ,.1l483 - PRiNCIPAL 1)I,:Sll'l':SS ADDRESS (Slr~"t. L~t:... Zi~, CoJe) -. HOME PHONE 4071 272-7168 BUSINESS PltONE _ 4071.. Zl.8:-043L - ON WHAT IWAKO!l ARE \'()U TNTERE:STI::D l~ Sl:.HING Code Enforcement Board - ._-- .-----.- - - ...... .. -----.. - - -". .-. -,..-- . - . . .--- ------ . .. .- L HiT ALL CITY BOAUlS ()N Wln CH YOl' ARE C~'RFl.ENTL Y Sf':HVlNG Oft HAvE lJRt:VIOl.'~l.~' SERVED (Plea.. in~l~~. d.c..) _ Rone ___ -.... .. - -- . _..~ . -.- -- - -.,. .- tDlJCATlONAL QUAl. HICATIONS Lake Foresl: Colle.I!...J~~~._ Psychology and Art B1sto-ry) 1989 -. ..- ----_.._.~ - - ...-. .-....--- ........-..- - ... ,- ..- -. . - - LIST Al'ty RELATtD t'~U~'ES~lONAL CERTHICATI(l~S ASD I.!CF.SSeS WHICH \,()t: HOLD ReAltax A.8ociace - - ..- . .-. - - . . --.. - - -- - ~;Ivt Y()IJR yltl!StNT, OR MOST RECENT EMPtOYF.~, A~[) I-'OSI7IOS Alt.on. T1e~n _ & Illy. Inc.. llealtoUas.~___. .... . -. DESCRIbE Er.FtUENCES. SKIU.S OR KNOWI.EDeiE .....HICH qL:AU n nl~'rO S~...vE ON 'fit 1 " tJOAH.V \.t 1'!."AAd haltor ..8ociate 8inc:u~~1_ C;~c~ntT.!-t;l!!& i'1_ Delr:'1 )~.!!",ch. -- - -., . - --- .-...---.--- --.. - PLEASE ATTACH A IlI!F l!S~, L HE~E8Y C~"T1FY THAT ALL THE ABOVE stATEMENTS ARE tRUE. AND I AGREE ~i:) UNnF;RSTANP THAT ANY MISSTATEMENT OF 1"....T!:UAL FACTS CONTAINED I.N THiS A.PPll,~"'. 1" ON MA't CAUSE FORFEITURE I.'PON MY r~R r OF I\~" A.ppnIN~f.NT t MA't' REC1::l VI::. _J.waan ,10, 1995 -. DATE ..111" 1211-1121-95 15:32 312 pm , ' . . B. Hilary Carpenter 333 Palm Trail, Dclray Beach, Florida 33483 (407) 272-7168 Work Experience: Allmon, Tieman & Ely, Inc., Delray Beach, FL Marketing Coordinator / Realtnf Associate (May 1992) January 1992 - Present . Create and track alllldvctti...ing for oceanfront market . Maintain C(llTespond~nce or advertising and activity tu aUI clients . Managc distributiun uf marketing to over 500 prospects . Responsible for tracking all dosing procedures for oceanfront listings . Created aruJ launched quarterly company magazine of all listings Sutro & Co., San Francisco, CA Personnel Assistant January 1991 - August 1991 (Temporary for October - November) . Managed employee education of new insurance and human resource ptocedlU'es . Processed uncmpl()ytncnt, disability, bank and employment verifications . Created spreadsheet for mall.1icment analysis of insurance rates and individual policies . Developb1 alld rcotganized employee tiliug system (or department . Administered Hun1M Resource and insuran,:e daims ___0 0 ---- Davidoff.' White Good, Inc., Westpod, CT - - ._- --- . _ __. __ ..__ Administrative Assistant - Account Coordinator (Domino's Piu.a Account) June 1989 . September 1990 . Liaison for Account Executives and clients ()( rourteen ADI's . Crcated chans and graphs for market analysi$ for spcdfic pizza competition . l't'epared quarterly marketing plan.~ and meetings . Trained replaccmcnt and Slunmer interns . Promuted to Account Coordi nator within one year Skills: . Strength in development and management of projects . Exccllent communication and managcment skills . Knowledlc of Wordt'erfect 6.0, Professional Write, Lotw. 1-2-3, Multimate, Word Star, Mackintosh: Mkrosoft Word and Excel . Community involvement: American Heart Association Walk-a-than, Boca Raton Teen Center, Child Watch, Junior League Showhousc 1994, Veterans Park volWlteer and Little Leaguu Soccer - Ass't. Coach Education: Bachelor of Arts in Psychology and Art History Lake Forest Cc)Uegc, Lake Porest, JL Graduated May 1989 References Available Upon Request M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i q~ - MEETING OF DECEMBER 6. 1994 RESOLUTION NO. 5-95/ALTERNATIVE 3A-2. INTERSTATE 95/PALM BEACH INTERNATIONAL AIRPORT DIRECT CONNECTOR DATE: JANUARY 12, 1995 This is before the Commission to consider Resolution No. 5-95 in support of the construction of a direct connector between Interstate 95 and Palm Beach International Airport, known as "Build Alternative 3A-2". You have in your backup material correspondence from County Commissioner McCarty requesting the City's support for this project, as well as letters from Mayor Nancy M. Graham and Commission President Howard Warshauer of West Palm Beach urging the Ci ty not to support the proposed interconnect in any way. Also included is a recommendation from the Planning and Zoning Department that support for Alternative 3A-2 is appropriate. Recommend consideration of Resolution No. 5-95. ~ 5-0 ref:agmemol0 I , I RESOLUTION NO. 5-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, PROJECT NO. 93220-1465, BUILD ALTERNATIVE 3A-2, INTERSTATE 95/PALM BEACH INTERNATIONAL AIRPORT DIRECT CONNECTOR. WHEREAS , Interstate 95 is the primary north/south surface transportation corridor linking all coastal urban areas in Palm Beach, Martin, St. Lucie, Broward and Dade Counties; and WHEREAS, the Florida State Department of Transportation (FDOT) has conducted comprehensive studies, and determined that improvements in Interstate 95 and connecting roads, including a direct connector to Palm Beach International Airport, are necessary to accommodate existing and future vehicle traffic demands along the Interstate 95 corridor; and WHEREAS, FDOT cost estimates state that Build Alternative 3A-2 is the least costly to the taxpayers of Palm Beach County, saving county taxpayers an estimated $11 million over other build alternatives; and WHEREAS, the Palm Beach County Metropolitan Planning Organization has voted in favor of the Interstate 95/Palm Beach International Airport Direct Connector as part of its 5-year road improvement program; and WHEREAS , the City Commission of the City of Delray Beach, Florida, finds that improvements to Interstate 95 and connecting roads, including a direct connector to Palm Beach International Airport, will ensure that Palm Beach County residents and visitors will have access to, and continue to receive the benefits associated with, efficient and convenient transportation for goods and people. 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, supports the Palm Beach County long range transportation plan improvements to Interstate 95 with a direct connector between Interstate 95 and the Palm Beach International Airport, known as "Build Alternative 3A-2". I , ) PASSED AND ADOPTED in regular session on this 17th day of January, 1995. ~~ +rAYOR AT7lLcn 'flJu-1wp lIaJ1;j City Clerk -2- Res. No. 5-95 , . . . (K t~ PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID HARDEN CITY MANAGER ~ ~ FROM: DIANE DOMINGUEZ J ~ ~ ~ ~ DIRECTOR OF PLA NING AND ZONING SUBJECT: RESOLUTION SUPPORTING THE I-95/PALM BEACH INTERNATIONAL AIRPORT DIRECT CONNECTOR DATE: JANUARY 9, 1995 The City Commission has been asked to pass a resolution supporting the construction of a direct connector between Interstate 95 and the Palm Beach International Airport. The project, referred to as Alternative 3A-2, would provide a separate interchange for access to and from the airport, instead of the indirect access that now exists off of Belvedere Road and Southern Boulevard. It also involves modifications to improve the traffic movements onto and off of the Belvedere Road interchange. The cost of the project (approximately $60 million) is to be paid from federal, state, and airport funds. The population growth projected in Palm Beach County through the year 2020 will result in traffic volumes that will place a severe strain on the transportation network, especially on 1-95. That growth will increase the utilization of PBIA as well, affecting its overall efficiency and functionality. An important component to improving that efficiency is the direct connection between the airport and the interstate highway system. Not only will the connection allow for improved access to the airport, it will also keep thousands of trips off of the County's road system, thereby improving the capacity and efficiency of those roadways. Of the alternatives considered, Alternative 3A-2 is considered to have the lowest cost and the least impact on the surrounding areas. It is estimated that it will save the County $11 million in the long run by eliminating the need to make expensive upgrades to the County road system. Given the projected traffic volumes and the available alternatives, it is appropriate that the City Commission express support for Alternative 3A-2. . ~ , I {-::t 'I'D bltl :rt'~ B~rd of County Commissioners l / /It ~ Ja. County Administrator Ken 1. Foster, Chairman Robert Weisman Burt Aaronson, Vice Chairman Karen T. Marcus . Carol A. Roberts ~nHN~ ~ Mary McCarty c.(] .J 0 Maude Ford Lee Clr 199., YCo December 27, 1994 The Honorable Thomas E. Lynch Mayor, City of Delray Beach and Members of the City Commission 100 N.W. F. st Avenue Delray B a~~~33444 Dear a~O~ynch: The purpose of my letter is to request your support for the Florida Department of Transportation Project known as Alternative 3A-2, Interstate 95/paLm Beach International Airport Direct Connector. Population growth in southeast Florida and Palm Beach County has brought I-95 near the Airport and connecting roadways to operating levels near or over capacity. The recommended alternative will provide the increased vehicle traffic capacity needed to support existing and future demand in the most cost effective manner, utilizing budgeted 80% federal funds, and 20% state and airport funds. If Alternate 3A-2 is not approved, it could cost County taxpayers $11 million to upgrade County roads to meet traffic demands, and the federal dollars dedicated for construction will go elsewhere if FDOT decides to stop the project. I am req~~stin; th~t your ~ity Cc~ission pass a ~eGcluticn in support of the project which can be submitted in time for the Department of Transportation Public Bearing on Wednesday, January 25, 1995 at the West PaLm Beach AuditoriUlll at 7:00 P.If. Suggested language for the resolution is attached. Also enclosed is a copy of "Status Report - I-95 Airport Director Connector" which gives an overview of the FOOT's determination of the need for the improvements. For the benefit of all Palm Beach County residents and visitors who will be served by this practical and convenient transportation al ternati ve, I encourage your support of this project. "An Equal Opportunity - Affirmative Action Employer" @pnnted""rllC)'CledP8P8' P.o. Box 1989 West Palm Beach, Florida 33402-1989 (407) 355-2030 FAX: (407) 355-3982 I The Honorable Thomas E. Lynch and Members of the City Commission Page Two I Please send your resolution to my attention, or call for the document to be picked up prior to the hearing date, and don't hesitate to contact me at 276-1220 for additional information. MM: gmr cc: David Harden, City Manager w/Enclosures @ printed on recycled paper . . . . . . . .. . Stohl, R'J'Q1f 1-9$/AI'1oll DlnCl Omnltlo, BACKGROUND The projected population of Palm Beach COunty in 2020 is 1,426,900 (Palm Beach Interstate 95 (l-9S/SR 9) is a north-south County MPO: 1989) which represents I limited access facility' connecting urban sustained growth rate of 2.S percent per centers of the eastern United States from year . Employment in south Palm Beach Maine to Florida. Connectine the Dade, County is also anticipated to grow at 7.S Broward, and Palm Beach Tri~unty area, percent per year. the 1-9S corridor also provides the primary north.soulh service for local and reiional This &rowth in population has been renected traffic in southeast Florida. in traffic volumes alone 1-9S. Between 1980 and 1991 the 1.9' mainline volumes The southeast Florida rei ion has undetlone between Forest Hills Boulevard and explosive growth in the lut ten years. Southern Boulevard have increased from From 1980 to 1991 population in Palm annual average daily traffIC (AADl) of Beach County increased (rom 576,800 10 68,'00 to 133,800. Accordingly, the 883,000 in 1991, an increase of 4.5 percent AADT in 2020 is expected to be 183,800, per YW'. A similar growth rate is forecut reference Figure 1. In order to provide to continue through the yeM 2020. transportation infrastructure and seMus concurrent with this anticipated future "&U1'e 11 TnJfIc Trends and Forecasts 1-9$ Trends Analysts I-IS: '-'-' .... ......, \e awt_.. .1.... - .. .. 1 J : - . . - - - - - - - - - ~... ...~ "',,,r'GI c.""". -~,. _. - ......... -, ~ -..... . - .. -." ---. ";. -. .." ............~.........L.. '"... ...... ~ - - . 1 - - .. . . . Skltu, 1t"Off: 1-'SI,4/rpoff Dlnd C4""'d~' demand, several improvements have bceft 1ft ordet .0 provide transportadOft identified In state and lellonal transportation infrastructure and suvices concurreat with plans alone 1-9S in Palm Beach Count)' to thI. anticipated need, the proposed address this need. The Florida Department improvements will enhance the operation of 01 Transportation is currently pJannJ", &he roadway network in Palm Beach Councy improvements co che 1-9S corridor throulb by: . Palm Beach County u part of the 1-9$ Hllh Occupancy Vehicle (HOY) [nlerclum" . Jmprovinc the operation of Che 1.95 Impro'lt"ltl'lll G1Id RlJilroDd Crossin, mainline and EJlmiNJlion Study. Numerous aJternatives to . implOvin, che operation or the adjacent improve the existin& interehan&es between roadway network. 1-9' and the arterial.coDectot system are provided in the study. The proposed PROJECT LIMiTS improvemenu are also identified in the Palm Beach Cou1lly ComprtMnsive Pfall. The limits of this project, or the project study area, consists of the 5e&ment 01 '.9' Southern Boulevard, Belvedere Road, between Southern Boulevard and Belvedere Australian Avenue, and 1.9S are currently Road, inclusive 01 the Interchan&cs and operatina neat or over capacity. As traffic connectinc roadways In this 5e&mtnt. The volume$ and aceompan)'inl levels or roadways considered include: concestJon 1ft this acea Increue, it will become necessary to provide teliet to the . Southern Boulevard: IocaJ roadway system concunent with 1-9510 Gem Lake Road anticipated traffic &rowth. . Belvedere Road 1-95 10 Australian Avenue Additionally, 1.9' between Southern . Australian Avenue Boulevud and Belvedere Road has Gem Lake Road to Belvedere Road experienced an accident rate lreater than adjacent se&ments of I.". Ovu the period ALTERNATIVES of 198"-1986, 211 accidents and 6 latalities occurred In this 5e&rneftl Five alternative coneepu were initiaDy OBJECTIVES developed 10 addRss the need to improve operations alOfte the 1-95 <:orridor and the The 1-95 corridor and the intuchan&es of roadway network proyidinc IOCCSJ to PBIA. However, onl)' two alternatives were Ihe providin. aeass to the Palm Beacb considered viable and were carried tMOUlh InternationaJ Airport are andclpated 10 encineerine evaluations. operate at deficient levels or service u a result or &rowtJa In traffic. The local Alternative t This aJternative provides roadway netwOrk is also expccled to opcnte at deficient levels 01 setviee as the . a braided ramp system in boch community continues to crow. directions of 1-9' Co eliminate wuvin.. . 2 . r",..-,o- ~... .V. ..-JIQ .... . .. ., ..' Stat", RIPOff: 1-9SIA1,.,otf Dil'fd Connie/of' . a nfover ramp from northbound 1-95 . improvCl tnftlc on J-9S by to westbound Southern Boulevard, diminatina weaving sections with . . a flyovu ramp from eastbound braided ramp system Belvedere Road to northbound 1-95, and Altcmative-3A-2 . a &rade separated interchanse at the intersection of AustnJian Avenue . meets aU specified encineerins and Turnage Boulevard.. criteria and remedies existing and . improves Southern Boulevard and anticipated deficiencies Belvedere Road between 1-9' and . provides a direct connector roadway Australian Avenue between 1-9' and PBIA . requires approximateJy 12. nacres Alternative 3A.2 This alternative provide$ o( riehr-ot-wa)' . has the lower cost and impact on . a braided ramp system in both surroundinlland uses directions of 1-95 to eliminate . improves traffic conditions alon, weavinc, and Southern Boulevard, Belvedere . a directional ramp system between I- Road, and Australian Avenue by 95 and PBIA. removing traffic travelJinc between 1-9S and PBIA EVALUATION OF ALTERNATIVES . improves traffic on 1.95 by eUmit\atin, weavinc seaions with . The Alternative I and Alternative 3A-2 were braided ramp system evaluated for their ability to remedy existing and anticipated deficiencies, CI1gineerin, Right-o(-way and construction toSU (or performance, anticipated social, Altematiye I and 3A.2 are shown in environmental, and economic impacts, and Table 1. richt-o(-way and construction COSl!. The FONDING (ollowing summarize.s the result! of the evaluation. Alternative 3A.2 is fully funded rhrouCh federal and state SOurw lor desip and Alrero~tive 1 right-of-way costs. EJements 01 Alternative 1 are not eligible lor Federal and slate . meets all specified enc1neerinl funding. Punding Irom local sources b ~riteria and remedies existinS and required rot the elements which are not anticipated deficiencies covered by Federal or state sources. . imprOVe! the Southern Boulevard and Belvedere Road interchan&e$ with 1.95 . provides a crade separated interchange at Australian Avenue and Turnlle Boulevard . requires approximately 24.71 acres oC riCht-ol-way 3 ~J P. O. Box 3366 "",,_ West Palm Beach, Florida 33402 R E eEl V E D ~ \ ~ Tel: 407/659-8000 . 'W ~. JAN 6 f995 EVERYBODY CITY M/"" ~-~..., n~-FiC[ COO"TS I ! ~ Wt# Pd.... gu.d.! Ja:ftilJa~l1i4 ptJJ.'9 9 5 SPEClflL CEnsus 1995 David Harden City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Mr. Harden: It is the understanding of this office that many of the County's municipalities have received a communication from the Office of County Commissioner Mary McCarty encouraging the municipalities to consider and approve resolutions in support of the proposed I-95/Airport Interconnect. As the City most affected by the project, and in fact, by the general operations of the Airport, I feel it is important for you to be aware of the position of the City of West Palm Beach. In December 1991, the West Palm Beach City Commission approved Resolution No. 227-91 in opposition of the project. In short, the Commission felt, and still feels, that the expenditure of over $60 million of public tax dollars is entirely unwarranted and will have an adverse economic effect on the residential tax base of the City. Over $16.5 million of the estimated $60 million will be used to purChase/condemn additional residential properties in the City further destroying viable residential neighborhoods to the east of Palm Beach International Airport (PBIA). Further, the citizens of this City see the proposed interconnect as precedent to major expansion at the Airport to include expanded cargo and international operations. Many of the neighborhoods in proximity to the Airport do not feel that PBIA is an appropriate location for these kinds of activities. We, therefore, in the spirit of cooperation among communities in the County, urge you not to support the proposed interconnect in any way. Thank you for your support on this matter. Sincerely, i )l(J/~ Naa::!' M. Graham Mayor of West Palm Beach NMG/JLG/daw cc: City Commission City Administrator County Commission P. 0, Box 3366 ~ RECEIVED ~~ West Palm Beach, Florida 33402 Tel: 407/659-8000 JAM 1 3 1995 EVERYBODY CITY MA~'{ ~:-r:)'~ nFFICE COU"TS .:.,. Wt->> Pk~! "The O.:fchid Ci~ 11 SPECIAL (E"SUS 1995 anua I 1995 Palm Beach County Municipalities: The 1-95 interchange proposed to be built in the City of West Palm Beach is another step in the continuing erosion of our city. I plead to your civic pride and the sense that the destruction of more neighborhoods in the county seat is a detriment to all of Palm Beach County. We do not need this interchange! What we do need is a second rail for tri-rail, a modern and progressive intermodal transfer facility, a county bus system that is second to none and greater sensitivity to the destruction of our inner-city neighborhoods. The airport has already destroyed the beautiful historic Hillcrest neighborhood. Now they are destroying the beautiful Golfview neighborhood. Next year it will be the neighborhoods under the interchange. Please help us in this fight to preserve our historic city that just celebrated our centennial. Please do not support this interchange! Thanks in advance for your neighborliness. It won't be forgotten. Since~~. :a.~ ~ ~ Howard Warshauer President of the Commission HW/ms cc: Mayor City Commission City Administrator Board of County Commission County Administrator Metropolitan Planning Organization Neighborhood Associations c>( . ttX1 CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 17. 1995 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: 9.K. DELRAY BEACH RAILROAD STATION PROJECT: Consider Worthing Park site for the railroad station, and authorization, of City resources to develop a site plan and a foundation plan for the project. c0 ;v-~- ftC vr /' ~ ~'~ 0Jf . ct' vP~ (tP ~ ~)~ ~ ~v I ~ Jt ~~ ? I (v Jo 6~ . &~I~ RECEIVED JAN 1 7 1995 The Honorable Tom Lynch, Mayor CI TY M~" . ,,' f)cF/CE January 16, 1995 City of DeIray Beach RE: Delray Beach Railroad Station Project Greetings, We have evaluated several practical sites for the permanent location of . Delray Beach's historic FEe Railroad Station and have concluded that a site in Worthing Park would be the most uSeful. Weare developing a plan to use the Station as a Visitor's Information Center on Atlantic A venue in the heart of the downtown. Will the City Commission provide a permanent site in Worthing Park. for the Railroad Station? The DeIray Beach Historical Society has committed funds to purchase and relocate the Station. The amOlmt of-that cormnitment is estimated at $ 20,000. The Historic Palm Beach CoUnty Preservation Board has prepared a complete set of measured drawings of the Sta~on and will continue to participate in the planning and restoration phases of the project. The Preservation Board is currently developing several options for using the interior and a preliminary estimate for the cost of restoration of the Station. Also, the Preservation Board will assist in preparing a state historic preservation matching grant for the restoration of the Station, if that is necessary. At this time, we are prepared 'to move forward with the drafting of a Site Plan and a Foundation Plan for the permanent location at Worthing Park. A preliminary estimate of a new foundation for the Station is $ 7,500. Will the City Commission authorize City resources to devel~ a Site Plan and a Foundation Plan for the Station? Sincerely, :Jj t:' h C t.C. I l <2- 1"' Bob Cullen I Fritz Devitt Project Coordinator Delray Beach Historical Society 278-7601 276-7436 cc: John Johnson Bill Wood Chris Brown January 16, 1995 RECEIVED JAN 1 7 1995 From - Bob CuUen CITy M/f" , To - Fritz Devitt-Delray Beach Historical Society -"" nFFlCE SUBJECT -- Schedule --Delray Train Depot Fritz, preliminary this is, but we need to start somewhere. I am proposing the fol1owing schedule of events so we have some idea of what needs to be done to complete this project. Obviously there will be "other" events that will alter the plan.-----however EVENT DATE Make final site selection FEBRUARY 1, 1995 Site Plan/Foundation-(Cost sponsor ???) February 15. 1995 Purchase Depot February 28. 1995 Contract for Moving Building March 1, 1995 Contract for Foundation March 1, 1995 0 Move Building ( Midnite ) March 31,1995 Initial renovation (rough work) April 1 thru 30 o Welcome Home "Celebration" Renovation IPreservation Work May 1. 199 S o Centennial Dedication October 30, 1995 o = a planned City event ~kJCuU~ Bob CuUen-- Copies to-- City of Delray Beach/Chamber of Commerce/Preservation Board 2, 1 B., 1l,<D I . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i/o.A. - MEETING OF JANUARY 17. 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 5-95 EMERGENCY MEDICAL SERVICES DATE: JANUARY 13, 1995 This is second reading and public hearing for Ordinance No. 5-95 which amends Chapter 96, "Fire Safety and Emergency Services", of the City Code by revising definitions and implementing a fee structure for emergency medical transportation for Advanced Life Support (ALS) patients and Basic Life Support (BLS) patients. It also designates the Fire Department as the provider for ALS and emergency medical services in the City of Delray Beach. At first reading on January 3, 1995, the City Commission passed the ordinance by a vote of 4 to 1 (Mrs. Smith, Mr. Ellingsworth, Mr. Randolph and Mayor Lynch voting fori Or. Alperin dissenting). Staff was asked to complete an analysis of the costs involved with providing this service for comparison with the service fees proposed for adoption under the ordinance. This has been done and is provided with this agenda item. Recommend consideration of Ordinance No. 5-95 on second and final reading. fOhld!- 'Itd/ (~ ~ruL ~) ref:agmemo14 , , , ) " , ORDINANCE NO. 5-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICESH, SUBHEADING HEMERGENCY MEDICAL SERVICES", SECTION 96.65, "DEFINITIONS", TO PROVIDE FOR REVISED DEFINITIONS FOR THE TERMS HBASIC LIFE SUPPORT SERVICES" AND "ADVANCED LIFE SUPPORT"; REPEALING SECTION 96.66, "EMERGENCY MEDICAL SERVICES; FEES"; ENACTING A NEW SECTION 96.66, "EMERGENCY MtDICAL TRANSPORTATION FEES", TO PROVIDE FOR FEES FOR EMERGENCY MEDICAL TRANSPORTATION, AND FOR ANNUAL ADJUSTMENTS PURSUANT TO THE INFLATION INDEX CHARGE; REPEALING SECTION 96.67, "BILLING AND COLLECTION OF EMERGENCY MEDICAL SERVICE FEES; COSTS AND ATTORNEYS' FEES"; ENACTING A NEW SECTION 96.67, "COLLECTION OF EMERGENCY MEDICAL SERVICE FEES H , TO PROVIDE FOR A METHOD FOR COLLECTION OF EMERGENCY MEDICAL SERVICE FEES; ENACTING A NEW SECTION 96.68, "EMERGENCY MEDICAL SERVICES AND ADVANCED LIFE SUPPORT PROVIDER", TO DESIGNATE THE CITY OF DELRAY BEACH FIRE DEPARTMENT AS THE PROVIDER FOR ADVANCED LIFE SUPPORT AND EMERGENCY MEDICAL SERVICES WITHIN THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to maintain the high level of emergency medical services currently provided to the residents of the City of Delray Beach by the Fire Department of the City of Delray Beach; and WHEREAS, the City Commission of the City of Delray Beach has determined that in order to continue the level of emergency medical services currently enjoyed by the citizens of the City of Delray Beach that emergency transportation services should be provided for Advanced Life Support patients, and Basic Life Support patients; and WHEREAS, the City Commission of the City of Delray Beach is desirous of implementing a fee structure for emergency medical transportation for Advanced Life Support patients and Basic Life Support patients; and WHEREAS, the City Commission of the City of Delray Beach has also expressed its intent that patient care is of primary concern and that an individual'S ability to pay the fees shall not affect the quality of the care rendered; and , I " ) WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous for the Fire Department to provide advanced life support and all manner of emergency medical services and transportation in and for the City of Delray Beach, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title IX, .General Regulations ", Chapter 96, aFire Safety and Emergency Services", Subheading "Emergency Medical Services., Section 96.65, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 96.65 DEFINITIONS. For the purposes of this subchapter, the following definitions shall apply: I"J . 1J'~)ffJ8;lJ;~'~~1 I I IJ8"~;lf/,1 I I 1f.;l'~1 I I I~T/J,,~p..11 I I 1~~p..Y;lf/,~~Y I JllISJif)5t1.1._)51.;. 1)5;.,-t~ 11.1.1.;' 1;.~-p-prJJtt I;.;.tyt~;.;. I;.t;. ItJli;. I;.;,.;.ttj;.ft~t 1;,.;.~t~;.1. ;.;.tyt_;''-I-ptllSyt~;.~/)5tltJli;'If/,tttl'-I'tt;'I';.-p;.tt;,.;.ftt/~Jlit~JliItft_;I~~;.I-p;.tt;'1ft ,y;.1.~;.ttllS1f 1;.'tyt~;.;.J 1)5~t l~lIS lJillSt It;.ft~tt;. 1;.~J'tt1ft;.tt;.t;t~1f I lIS 1. Itt;.;.t;,.;.Jit ;,;.tyt_;.;. IlISt 1~;,;./lIS1. l_lISJi;.~J't;.)j1.;. IlISt 1~";.-pllS;,;.)j1.;. 1;,~-p-p1.t;';.1 IIJfllSftf)j,.;I;I;.)j;I;. ~;.1.1.;. l~lIS~1.~ ItJi_1-~~;.J 1)5~t IftllSt 116;' l1.tJ't1-t;.~ ItllSJ I;.;.;.;.;.;.;,.;.ftt l1.lISt l~lISJ't;,.jlSft J't;.~"_;.1. l_lISJ't-p1.;.,.Jit;. I [;,lISt;. ItJlitllS;.t;.J 11.;.y;.tJ IJIi;.;.~;._Jli;.;. I;.Ji~ IlIStJli;.t 1_~J'tJ'tllSft JillSftf1.t1.;. ItJl1t,;.t,JitJitj I;' t1.;,.;.ftt;.J , 1;.;.;.t;.ttJis I y~;.)t;.t;. I,,~ty I;.ft~ I Ytt,t;.t;. "~t1 1~;.tt;.Jit;. ItJl1;.t l~lIS lJillSt It;.ft~tt, I';.t;.~;.~t~ 1;.~_jlS~~;.ftt~;.ftt ItjlS I;' tt_;.tJ't;.Jitl1.;._t1.ttt'/J't;.~t_;.1.I;.1.;.tJ't/;.Ji~/~ttIJli;.Jisf~-pltJiY;';.ttS;.ttllSJi;.'I;.ft~ ~;.;.;.;,ltJiYllS1.ytJis/-p;.tt;.Jitl;.;.;.;.,-;.J't;.Jit/~"tJl1/tt;.;.tJ't;.fttlt;.1.~;';'1.1 1Al I~J "BASIC LIFE SUPPORT SERVICES II. Basic life support services include the provision of treatment services, IlISt It)i;. 1l4'-;. IlISt ;lISJi'-l4J't;.)51.;. IlISt l~t'--pllS'-;.)51.;. 1;.l4-p-p;It;.;. 1~Jl1t~)i l~jlS lJillSt Itt;., ItjlS ItJl1;. 11.'''1;'1- IlIS1. t._ l~tllSY t,- tllSJi I lIS 1. I ;,~y;.Ji~;.~ I ;It1. _ I '-}6.-p~lIStt I ,-;.ty t~;.;. I I I~;.;. t~ I ;It1.;. I ;.}6.-pplIS tt ;.;.tyt~,;. I;.t;. I;,;.tyt~;.;. rendered to' patients which do not require invasive techniques, which include, but are not limited to, simple bandaging, minor splinting and simple immobilization. and may include transportation to a hospital by the Delray Beach Fire Department. - 2 - Ord. No. 5-95 , I I l 1.IU. Iftl · ADVANCED LIFE SUPPORT SERVICES". Advanced life support services are those types of patient treatment services which require advanced medical therapy, including, but not limited to: electrocardiographic monitoring; use of external pacemakers; defibrillation; intravenous therapy; medication administration; cardiopulmonary resuscitation; endotracheal intubation; ;'9P~~q;~~ ;fJit14J1S_ttSlSJiI IJSJi;1411\_tt~ I_Jit;f_tiSlS~)t li;.tlli;ttt I lY.I"/~/111 /_JSJS"l-t~;.ttSlSttl /_tt~ other advanced airway and artificial ventilator techniques: and may include transportation to a hospital by the Delray Beach Fire Department. Section 2. That Title IX, "General Regulations ", Chapter 96, .Fire Safety and Emergency Services", Subheading "Emergency Medical Services., Section 96.66, "Emergency Medical Services; Fees", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety, and a new Section 96.66, "Emergency Medical Transportation Fees", is hereby enacted to read as follows: Section 96.66 EMERGENCY MEDICAL TRANSPORTATION FEES. 1.Al The followinq service charges or fees are levied for the provision of emerqency medical transportation: ill Advanced Life Support transportation fee 8275.00 ill Basic Life Support transportation fee 8205.00 ill Mileaqe fee 8 S.OO/mile 1.IU. The City Commission may adjust fees annually pursuant to the Inflation Index Charqe (I.I.C.) which is used by Medicare to determine the appropriate fee charqes. Section 3. That Title IX, .General Regulations", Chapter 96, .Fire Safety and Emergency Services", Subheading IIEmergency Medical Services., Section 96.67, "Billing and Collection of Emergency Medical Service Fees; Costs and Attorneys' Fees II, of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety, and a new Section 96.67, .Collection of Emergency Medical Service Fees", is hereby enacted to read as follows: - 3 - Ord. No. S-95 t Section 96.67 COLLECTION OF EMERGENCY MEDICAL SERVICE FEES. 1Al The Fire Department shall submit bills to patients or to the patient' s insurance carrier for the provision of Basic Life Support or Advanced Life Support transportation. 1al Any bill remaininq unpaid for a period of ninety (90) days shall be considered delinquent. Any delinquent bill shall incur interest at the rate of nine percent (9%) per annum. The notice of an interest charge shall be included on the initial bill mailed to the patient. iCl The City may collect delinquent charqes through any and all available legal remedies. .uu. The City Finance Department is hereby authorized to accept assiqnment at the maximum allowable rate of Medicaid. Medicare. and the Palm Beach County Health Care District benefits. 1.E.l The City Finance Department is hereby authorized to neqotiate payment settlements of outstandinq debts owed to the City fQr emerqency services rendered when the debtor is unable to satisfy the outstanding balance due. Section 4. That Title IX, "General Regulations", Chapter 96, -Fire Safety and Emergency Services", Subheading II Emergency Medical Services", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enactin~ a new Section 96.68, -Emergency Medical Services and Advanced Life Support Provider", to read as follows: Section 96.68 EMERGENCY MEDICAL SERVICES AND ADVANCED LIFE SUPPORT PROVIDER. 1Al The Fire Department is hereby authorized to obtain and maintain any and' all necessary State of Florida licensinq. vehicle permi ts and all necessary Palm Beach County Certificates of Public Convenience and Necessity (COPCN). pursuant to Chapter 401. Florida Statutes. and Palm Beach County EMS Ordinance. Palm Beach County Code. Chapter 13. and any subsequent apnlicable revised laws and ordinances. for the pu~ose of providinq Advanced Life Support and all manner of emerqency medical services as it applies to emergency' medical and trauma treatment and emerqency transportation services. in and for the City of Delray Beach. - 4 - Ord. No. 5-95 I ) 1.ll The Fire Department shall. upon obtaining all necessary licenses and certifications. be desiqnated as the primary provider of Advanced Life S~pport and of all manner of emergency medical services as it applies to emergency medical and trauma treatment and emergency transportation services within the city limits of the City of Delray Beach. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective ten (10) days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of Januarv , 1995. ATTEST: ~~ o Jl".oim'fi/1~'Jv I~ JIo7lf ity Cle k First Reading January 3, 1995 Second Reading January 17, 1995 - 5 - Ord. No. 5-95 . . Of 'f/~; MEMORANDUM To: David T. H~~Manaqer From: Joseph M. Sa . ance Director Date: January 10, 1995 Subject: EMS Cost of Service and Calculation of Base Rates SCENERIO NO. 1 (4.HAN CREW FOR FIRE SERVICE) In order to determine the true cost of our EMS services, one has to extract the full cost of the fire service. The one assumption that must be made is "what level of fire service do we want to have?". The answer to this question lies in the I.C.M.A. Manual for Fire Services, 2nd Edition, page 120 which establishes fire standards and states that a four-man pumper would equate to a 65% efficiency rate (3-man equals 38%, 5 - man equals 100%). Therefore, we will assume each station at four (4) personnel. SALARY COSTS Assuming a four-man crew per shift per station would mean that all additional resources above this level could be attributed to EMS. In addition, the EMS Division Chief and the EMS Supervisor positions (Paramedic Lieutenants) can be fully attributed to EMS. Therefore, the personnel costs associated with EMS can be shown as follows: . 1- Division Chief EMS- $57,100 . 1- Paramedic Lieutenant (non-shift)- $42,270 . 3- Paramedic Lieutenants (shift)- $142,310 Shift Personnel . Station 1 1- Firefighter Paramedic $28,383-$40,892 (assume $31,500) . Station 2 none . Station 3 1- Firefighter Paramedic $28,383-$40,892 (assume $31,500) . Station 4 none . Station 5 Need 1- Firefighter Paramedic $28,383-$40,892 (assume $31,500) . Station 6 none- contract Shift Personnel Cost = $31,500 per shift x 4.35 shift differential = $137,025 Total EMS Salary Cost = $378,705 Paqe 2 FRINGE BENEFITS The current budget for Fire Operations shows that fringe benefits are 39.69% of salaries. Net Fringe Benefits = $378,705 x 39.69% = '150,308 OPERATING COSTS By reviewing the budget detail sheets, the following operating costs can be attributed to EMS: Medical Director- $22,000 Film for EMS cameras. $1,000 Emergency Medical Dispatcher Training- $60 J.E.M.S. Conference- $775 E.M.S. Expo Conference- $575 Cellular Telephone Expense- $5,390 Vehicle Rental- $65,455 General Liability Insurance- $35,000 Vehicle Maintenance- $7,500 Batteries for Rescue Units (6)- $1,050 Replacement Tires- $6,600 EMS Billing Envelopes and Inserts- $1,000 EMS Run Report Forms- $3,000 EMS Refusal to Transport Forms- $100 Fuel/Lube Vehicles- $5,850 Basic Life Support Supplies- $35,000 Advanced Life Support Supplies- $65,400 Oxygen- $7,200 Batteries- $1,420 Medical Treatment Protective Clothing- $600 Stretcher Covers- $500 EMS Equipment Straps- $500 Uniforms- $283 x 14 = $3,962 Safety Gloves- $3,000 Replacement Uniforms- $550 Backboards- $1,200 Airway Bags. $480 Thermometers- $300 Lateral File Cabinets- $980 EMS Decontamination Respirators- $400 EMS Equipment for ALS Pumper- $7,260 Drug Reference Handbook- $240 Physicians Desk Reference- $80 EMS Memberships- $240 Training/Education- $21,870 Total Operating Costs- '306,537 TOTAL COST FOR EMS SERVICES = '835,550 Paqe 3 The Fire Department has approximately 7,000 EMS calls on an annual basis with 3,400 of those calls requiring transport. These calls can be further categorized as 25% BLS (Basic Life Support) and 75% ALS (Advanced Life Support) . This means that there are 850 BLS transport calls and 2,550 ALS transport calls per year. We are estimating that there will be a 25% uncollectible amount. If the City wants to breakeven, it therefore must bill $835,550 (EMS cost) plus 25% or $1,114,067 ($835,550/.75) if it expects to collect a net amount of $835,550. Of this amount, approximately $51,000 (3 miles per run x 3,400 runs x $5.00) will be charged in mileage fees and the remainder will be charged from basic rates. Basic Rate Determination Total EMS Cost = $ 835,550 25% Uncollectible Allowance = 278,517 Total Amount to be Billed = $1,114,067 Less: Mileage billed = 51, 000 Net Amount to be Recovered by Rates = $1, 063,067 Total transport runs per year = 3,400 850 BLS runs x 2 men = 1,700 manruns or 18.2% of total runs 2,550 ALS runs x 3 men = 7,650 manruns or 81.8% of total runs Formula: 1,700x + 7,650x = $1,063,067 9,350x = $1,063,067 x = $113.70 therefore: 2x (BLS 2-man transport crew) = $227.40 3x (ALS 3-man transport crew) = $341.10 Check: $1,063,067 x 18.2% = $193,478 BLS cost to be billed $1,063,067 x 81.8% = $869,589 ALS cost to be billed $193,478 / 850 runs = '227.63 Basic BLS Rate (Ordinance Rate is presently $20S.00) $869,589 / 2,550 runs = '341.02 Basic ALS Rate (Ordinance Rate is presently $27S.00) Paqe 4 SCBNERIO NO. 2 (5-MAN FIRE CREW FOR FIRE SERVICE) According to the I.C.M.A. Manual for Fire Services, 2nd Edition, page 120, a five (5) man crew for fire service would equate to a 100% efficiency rating. Therefore, for this scenerio, we will assume a five (5) man crew. SALARY COSTS . 1- Division Chief EMS- $57,100 . 1- Paramedic Lieutenant (non-shift)- $42,270 . 3- Paramedic Lieutenants (shift)- $142,310 Shift Personnel . Station 1 none . Station 2 none . Station 3 none . Station 4 none, will go to 5 personnel upon Highpoint annexation . Station 5 none, will go to 5 personnel upon Delray Hospital annexation . Station 6 none- contract Shift Personnel Cost = $0 Total EMS Salary Cost = '241,680 FRINGE BENEFITS EMT Certification Pay- $39,000 Paramedic Certification pay- $141,976 Fringe Benefit percentage (less: certification pays) = 34.80% $241,680 x 34.80% = $84,105 Total EMS Fringe Benefit Cost = '265,081 OPERATING COSTS By reviewing the budget detail sheets, the following operating costs can be attributed to EMS: Medical Director- $22,000 Film for EMS cameras- $1,000 Emergency Medical Dispatcher Training- $60 J.E.M.S. Conference- $775 E.M.S. Expo Conference- $575 Cellular Telephone Expense- $5,390 Vehicle Rental- $65,455 General Liability Insurance- $35,000 Paqe 5 Vehicle Maintenance- $7,500 Batteries for Rescue Units (6)- $1,050 Replacement Tires- $6,600 EMS Billing Envelopes and Inserts- $1,000 EMS Run Report Forms- $3,000 EMS Refusal to Transport Forms- $100 Fuel/Lube Vehicles. $5,850 Basic Life Support Supplies- $35,000 Advanced Life Support Supplies- $65,400 Oxygen- $7,200 Batteries- $1,420 Medical Treatment Protective Clothing- $600 Stretcher Covers- $500 EMS Equipment Straps- $500 Uniforms- $283 x 14 = $3,962 Safety Gloves- $3,000 Replacement uniforms- $550 Backboards- $1,200 Airway Bags- $480 Thermometers. $300 Lateral File Cabinets- $980 EMS Decontamination Respirators- $400 EMS Equipment for ALS Pumper- $7,260 Drug Reference Handbook- $240 Physicians Desk Reference- $80 EMS Memberships- $240 Training/Education- $21,870 Total Operating Costs- '306,537 TOTAL COST FOR EKS SERVICES = '813,298 The Fire Department has approximately 7,000 EMS calls on an annual basis with 3,400 of those calls requiring transport. These calls can be further categorized as 25% BLS (Basic Life Support) and 75% ALS (Advanced Life Support). This means that there are 850 BLS transport calls and 2,550 ALS transport calls per year. We are estimating that there will be a 25% uncollectible amount. If the City wants to breakeven, it therefore must bill $813,298 (EMS cost) plus 25% or $1,084,397 ($813,298/ . 75) if it expects to collect a net amount of $813,298. Of this amount, approximately $51,000 (3 miles per run x 3,400 runs x $5.00) will be charged in mileage fees and the remainder will be charged from basic rates. . Page 6 Basic Rate Determination Total EMS Cost = $ 813,298 25% Uncollectible Allowance = 271, 099 Total Amount to be Billed = $1,084,397 Less: Mileage billed = 51,000 Net Amount to be Recovered by Rates = $1,033,397 Total transport runs per year = 3,400 850 BLS runs x 2 men = 1,700 manruns or 18.2% of total runs 2,550 ALS runs x 3 men = 7,650 manruns or 81.8% of total runs Formula: 1,700x + 7,650x = $1,033,397 9,350x = $1,033,397 x = $110.53 therefore: 2x (BLS 2-man transport crew) = $221.06 3x (ALS 3-man transport crew) = $331.59 Check: $1,033,397 x 18.2% = $ 188,078 BLS cost to be billed $1,033,397 x 81.8% = $ 845,319 ALS cost to be billed $188,078 / 850 runs = $221.27 Basic BLS Rate (Ordinance Rate is presently $205.00) $845,319 / 2,550 runs = $331.50 Basic ALS Rate (Ordinance Rate is presently $275.00) RATE SUMMARY BLS ALS POUR (4) MAN PIRE SERVICE CREWS 227.40 341.10 PIVE (5) MAN PIRE SERVICE CREWS 221.06 331.06 PRESENT ORDINANCE RATES 205.00 275.00 We would appreciate your review of these two scenerios and your conunents. Please contact us if you require any further analysis or information. cc: Robert Rehr, Fire Chief . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 10. B. - MEETING OF JANUARY 17. 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 1-95 ALARM SYSTEMS DATE: JANUARY 131 1995 This is second reading and public hearing for Ordinance No. 1-95 which repeals our existing alarm systems ordinance in its entirety and enacts a new Chapter 1121 "Alarm Systems", which establishes updated procedures and fees relative to the regulation of alarm systems in the city. This ordinance has been discussed for some time. As now proposed, it requires alarm systems to deactivate within 15 minutes as opposed to 30 minutes. Registration of an alarm system will only be mandated after one false alarml at which time a $10.00 fee will be charged. However, no registration fee will be required if a person registers at the time of acquiring an alarm installation permit or if they register prior to the emission of one false alarm. The fees imposed for false alarms which are responded to by the Police Department or the Fire Department are graduated, beginning at $50.00 for the fourth false alarm, $100.00 for the fifthl $150.00 for the sixth, and $200.00 each for the seventh and above 1 during each calendar year. During discussion at first reading on January 3, 1995, Dr. Alperin questioned the use of the word lIactivatell in Section 112.04(D) and suggested it be clarified. Section 112.04(D) has been revised to readl "Alarm systems which transmit an alarm sound or signal in the event of a power restoration after a power failure are prohibited. II The ordinance was passed on first reading by unanimous vote. Recommend approval of Ordinance No. 1-95 on second and final reading. ~ -5--0 (wjfJm€nOmin-r TO aI~t, u.$c. ~.,L ~c:. ref:agmemo7 WO~ f1delier1t.J~.Jc., II ,~} e&..1Jf'/lj ~ons) ORDINANCE NO. 1-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF ALARM SYSTEMS WITHIN THE CITY OF DELRA Y BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that a high incidence of false alarms and/or malfunctions causes a significant misuse of the manpower and resources of the Police and Fire Departments by causing the dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units out of service and unavailable to respond to legitimate emergency situations; and WHEREAS, the City Commission finds that the continued high incidence of false alarms and/or malfunctions are a threat to the health, safety and welfare of the citizens of the City of Del ray Beach; and WHEREAS, reasonable regulation of all alarm systems and their users should result in a significant decrease in false alarms with a resultant savings in public resources; and WHEREAS, the City Commission finds that the revision of current procedures and fees for multiple false alarms and malfunctions would serve the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAYBEACH, FLORIDA, AS FOLLOWS: Section 1. That Title XI, "Business Regulations", Chapter 112, "Alarm Systems", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to read as follows: CHAPTER 112: ALARM SYSTEMS GENERAL PROVISIONS Section 112.01 SHORT TITLE. This chapter shall be known and cited as the "Alarm Systems Ordinance." Section 112.02 PURPOSE. This chapter is enacted to provide minimum standards and regulations applicable to alarm systems, and alarm users. Both society in general and public safety in particular will be aided by providing a useful and usable system of private security or fire response which properly balances quick response by the Police and Fire Departments with minimization of public resources spent on alarms which are false or otherwise not the intended function of such systems. Section 112.03 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "ALARM". The sound or signal of an alarm system. "ALARM MALFUNCTION". The activation of any alarm which results in the response of the Police Department or the Fire Department, caused by mechanical failure, malfunction, improper installation or lack of proper maintenance or any other response for which Police or Fire Department personnel are unable to gain access to the premises for any reason, or are unable to determine the apparent cause of the alarm activation, "ALARM REGISTRATION". A registration issued by the City Manager or his designee allowing the operation of an alarm system within the City of Delray Beach and signifying compliance of the alarm system with the provisions of this chapter. "ALARM SYSTEM". Any mechanical, electrical or radio- controlled device which is designed for the detection of smoke, fire, unauthorized entry or other activity requiring urgent attention, and which when activated emits a sound or transmits a signal or message beyond the premises to alert others of an emergency situation, "ALARM TECHNICIAN". Any person who inspects, installs, repairs or performs maintenance on alarm systems and is licensed by the State of Florida or works under a State licensed alarm contractor. "ALARM USER". Any individual, partnership, corporation or other entity in control of any building, structure, facility or premises, or portion thereof, where an alarm system is located and maintained. "AUTOMATIC TELEPHONE DIALING DEVICE OR DIGITAL ALARM COMMUNICATOR". An alarm system which automatically transmits a recorded message or coded signal over regular telephone lines by direct connection or otherwise, indicating the existence of the emergency situation that the alarm system is designed to detect. 2 "ENFORCEMENT OFFICIAL". As to security/burglar alarm systems, the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief or his designated representative. "FALSE ALARM". An alarm for which a governmental agency has made an inspection of the premises within a reasonable time after the activation of an alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or an activation falsely indicating that an emergency exists. An alarm is not considered a false alarm if the alarm is activated by unusually violent conditions of nature or due to malicious causes beyond the control of the alarm user. "PREMISES". Any building, structure or facility and adjoining property which is protected by and upon which is installed an alarm system. "REOUlRED OPERATIVE ALARM SYSTEM". An alarm system which the owner of a premises is required to maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of any governmental entity, "SMOKE DETECTOR". A device which detects the visible or invisible particles of combustion. Section 112.04 PROHmmONS. (A) No person, partnership, corporation or other entity shall use or cause to be used any automatic telephone dialing alarm device or digital alarm communicator system over any telephone lines exclusively used by the public to directly request emergency service. (B) Audible security/burglar alarm systems which do not automatically deactivate within fifteen (15) minutes after activation are prohibited, (C) Fire alarm systems which automatically deactivate are prohibited. (D) Alarm systems which transmit an alarm sound or signal in the event of a power restoration after a power failure are prohibited, Section 112.05 EFFECT ON FIRE CODES. Nothing herein shall be construed as repealing or modifying any provisions of the applicable fire codes, and to the extent that the provisions of this chapter conflict with applicable fire codes, those fire codes shall control. Section 112.06 EXEMPTIONS. The provisions of this chapter shall not apply to: 3 (A) Alarm systems affixed to motor vehicles, mobile conveyances or equipment; or (B) Alarms which are not intended to be heard outside the premises, REGULATION OF ALARM SYSTEMS Section 112.20 ALARM REGISTRATION REQUIRED: FEE: TERM OF REGISTRATION: NONTRANSFERABLE. (A) (1) Upon the emission of one (1) false alarm, the alarm user shall be required to obtain a valid alarm registration. (2) A person required to obtain a valid alarm registration shall be issued a notice of violation and that person shall have ten (10) days from the date of the notice of violation to make application for the registration, If application for an alarm registration is not made within ten (10) days of the notice of violation, the person shall be in violation of this section and shall result in a late charge of fifty dollars ($50,00) or an appearance before the Code Enforcement Board, (B) A registration fee of ten dollars ($10.00) shall be charged to the alarm user after notification and receipt of notice of violation due to the emission of one false alarm. (C) Applicants having more than one alarm system protecting two or more separate structures shall be required to obtain separate alarm registrations for each structure, unless the structures are protected by the same alarm system. (D) Any alarm registration issued pursuant to this chapter shall not be transferable or assignable. Any change in ownership of residential or commercial property to which an alarm registration is assigned shall require a new registration application, (E) Neighborhood subdivisions that have an internal fire and/or burglar alarm system that is maintained and monitored by a private security company located within the subdivision shall pay one registration fee for the entire subdivision, The alarm registration shall be purchased by the subdivision's condominium or homeowner's association and the application shall be in the name of the association only, All responsibilities for fees, maintenance and duties as contained in this ordinance shall lie with the association purchasing the alarm registration. Section 112.21 APPLICATION FOR ALARM REGISTRATION: REPORTING CHANGES TO REQUIRED INFORMATION. (A) (1) Application for an alarm registration shall be made by a person having control over the property on which the alarm system is to be operated. Such application shall be made in writing to the Chief Building Official on a form designated by the city for that purpose. Neighborhood subdivisions referred to in Section 4 112.20(E) shall comply with subsections (B)(2) and (4) and shall provide only one emergency contact for the purpose of complying with subsection (B)(6), (2) New alarm systems shall be registered at no cost if the application is made at the time of the alarm installation permit. (3) A person having control over a property with an existing alarm systems may pre-register said system with the City at no cost, prior to the emission of one (1) false alarm. (B) On such application, the applicant shall set forth: (I) The name, address and telephone number of the applicant's property to be serviced by the alarm, including any business name used for the premises, (2) The name, address and telephone number of the applicant, if different from the property to be serviced. (3) The make and type of the alarm system. (4) The name, address and telephone number of the alarm business installing or maintaining the alarm system, if any. (5) The date of activation of the alarm system. (6) Emergency Notification. The names, addresses and telephone numbers of at least two (2) persons or entities who can be contacted at any time for the following purposes: (a) To receive notification of alarm activation; (b) To arrive at the alarm site within thirty (30) minutes after receiving a request from the Police Department or Fire Department to do so; and (c) To grant access to or enter the premises and deactivate the alarm system. (C) The information set forth in subsection (B) shall be kept current by the registration holder, and the registration holder shall notify the Police Department/Communications Center within ten (10) days of any changes in this information. Failure to so notify shall constitute a violation of this chapter and shall result in a late charge often dollars ($10.00). (D) Immediately upon receipt of a registration and prior to the activation of any alarm system, the Chief Building Official or his designee shall forward a copy of the application to the Police Department/Communications Center. S SECTION 112.22 DUTY OF PERSON NOTllflED TO PROVIDE ACCESS TO PREMISES. RENDER ASSISTANCE. Any person who is notified by any member of the Police Department or Fire Department of the activation of an alarm system and who is able to give access to the alarm site shall come to the alarm site within thirty (30) minutes of the time such person is notified of such activation and shall provide the Police and/or Fire Department any necessary access or assistance. Failure to respond as provided shall be grounds for and result in the city taking reasonable action to deactivate the alarm as provided in Section 112.28 and, if applicable, to suspend or revoke an alarm business authorization as provided in Section 112.44. Section 112.23 ISSUANCE OF ALARM REGISTRATION: DECAL REOUIRED. (A) An alarm registration shall be issued by the Chief Building Official upon receipt of a completed application, (B) The Chief Building Official or his designee may inspect the alarm equipment and planned installation and may require the submission of additional and specific information. (C) Each alarm registration holder shall be issued a decal which shall contain the alarm user's registration number, This decal must be prominently posted at or near the front entrance of the premises covered by the registration so that the decal is visible from the outside of the structure. (0) An application for an alarm registration may be denied if: (1) The requested information is not supplied on the application or such additional information as required is not furnished. (2) Material information on the application is incorrect, or an applicant falsifies any statement on the application, (3) If the equipment is found to be inferior and not capable of proper performance. Section 112.24 APPEAL OF DENIAL OF REGISTRATION. Any applicant who is denied an alarm registration may request, in writing, a hearing before the City Manager or his designee within fifteen (15) calendar days of receipt of the denial. The City Manager or his designee shall hold a hearing within a reasonable time of receipt of the written request, After taking into consideration all relevant facts and circumstances, the City Manager or his designee may either affirm the denial or order the Chief Building Official to issue the alarm registration in writing, Such decision shall be mailed to the applicant by regular mail. 6 Section 112.25 FALSE ALARMS PROHIBITED: EXCEPTIONS. (A) No person shall intentionally activate an alarm system for any purpose other than an emergency or threat of emergency of the kind for which the alarm system was designed to give notice. (B) No alarm system shall be tested or demonstrated without first notifYing the Police Department or Fire Department and receiving permission from the appropriate enforcement official. Penalty, see Section 112.99 Section 112.26 RESPONSE TO ALARM: ALARM USER RESPONSmILITY; ALARM MALFUNCTION AND CORRECTIVE ACTION. (A) A response to an alarm activation shall result when any officer or member of the, Police or Fire department shall be dispatched to the premises where the alann has been activated or learns of the activation of the alarm system(s), by any means whatsoever, and responds thereto by traveling to that premises, (B) After responding to an alarm activation, the enforcement official may notify any person identified in the alarm registration application pursuant to Sec, 112.21 of the activation of the alarm system and such person shall thereupon travel to the premises to ascertain the status thereof, Should the person notified fail to appear at said premises within thirty (30) minutes after being notified to do so, the City shall charge the alarm user a fee of seventy-five dollars ($75.00), The officer or member of the Police Department or Fire Department who responded to said premises shall serve the alarm user or authorized representative with an "Alarm Activation Report". (C) In the event of an alarm activation deemed by the enforcement official to be a false alarm as the result of an alarm malfunction, the alarm user or authorized representative will be served an "Alarm Activation Report" indicating that the activation was deemed to be the result of a malfunction, and requiring the alarm user or authorized representative to return a completed "Affidavit of ServicelRepair" within thirty (30) days of said alarm activation which can verify to the satisfaction of the enforcement official that the alarm system in question has actually been examined by an alarm technician and that a bona fide attempt has been made to identify and correct any defect of design, installation or operation of the alarm system which was identifiable as the cause of the alarm malfunction. Failure to return an "Affidavit of ServicelRepair" within said thirty day period which is satisfactory to the enforcement official will result in a disconnection per Section 112,28 or enforcement action in the event of a required Fire Alarm System per F.S. 633.025(3). Section 112.27 MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARMS DECLARED A PUBLIC NUISANCE: FEE CHARGES. 7 (A) It is hereby found and determined that the emission of more than three (3) false alarms within a calendar year period at the same premises is excessive and constitutes a public nuisance. (B) No fee shall be assessed for the first three (3) false alarms at the same premises responded to by the Police Department or the Fire Department during each calendar year. Thereafter, the following fees shall be paid by the alarm user for each false alarm responded to by the Police Department or the Fire Department at the same premises during each calendar year. Number of False Alarms or Alarm Malfunctions Fees Fourth. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00 Fifth .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . 100,00 Sixth . . . . . . . . . . . . . . . . . . , . . . . , . . . , , , . , . , , . . . . .. 150,00 Seventh and above. . . . . . .. . . . . . . . . . , , , . . , . . .. . . ., 200,00 each (C) Once a false alarm or alarm malfunction has been responded to by the Police Department or the Fire Department, it shall be unlawful for the alarm panel to be reset by the alarm user or authorized representative, until the authorization of the enforcement official has been obtained. (0) Should any fee assessed pursuant to this chapter remain unpaid in excess of 120 days from the date the charge is billed, a collection fee in the amount of eight percent (8%) of the outstanding balance shall be assessed and shall be payable by the alarm user in addition to the original fee. The alarm user shall also be responsible for any legal fees or costs incurred by the City ofDelray Beach in enforcement of this chapter, Section 112.28 DISCONNECTION OF ALARM SYSTEM. (A) Except for premises protected by a required operative alarm system, either of the Police Department or Fire Department enforcement officials are authorized to order the disconnecting of any alarm system, by written notice to the alarm user at the premises wherein an alarm system is installed, for any of the following reasons: (1) Failure to meet all requirements provided for in this chapter within thirty (30) days of the charging of the fee; or (2) Failure of the alarm user to provide a written "Affidavit of Service/Repair" required by this chapter; or (3) A false alarm or alarm malfunction at a premises for which a fee is charged pursuant to this chapter is the result of the failure of the alarm user to take corrective action to eliminate the cause of the false alarm; or 8 (4) The failure of a person notified pursuant to this chapter to appear within thirty (30) minutes after being notified to respond, if such failure to timely appear occurs four or more times within a registration period. (B) The written notice to disconnect shall be mailed to the alarm user, by certified mail, and shall specify the date on which the alarm user shall be required to disconnect the alarm system, which date shall be at least fifteen (15) days following the date of mailing of the notice. The alarm user may appeal the order of the enforcement official pursuant to Section 112.29. Section 112.29 APPEAL. An alarm user to whom a notice to disconnect an alarm system was mailed, pursuant to Section 112.28, shall be entitled to appeal the order of the enforcement official to the City Manager or his designee. An appeal must be in writing, stating the reasons why the order to disconnect should be withdrawn, and shall be made within fifteen (15) days of the date of receipt of the notice to disconnect, The City Manager or his designee shall review the facts and circumstances and shall determine whether the alarm user has shown good cause why the order should be withdrawn, The City Manager or his designee shall notify the alarm user of the decision in writing, If the City Manager or his designee affinns the order to disconnect an alarm system, the alarm user shall have five (5) days following mailing of the written decision of the City Manager or his designee within which to comply with the order. The appeal of an order to disconnect shall suspend the effective date of the order until the appeal has been acted upon by the City Manager or his designee. Section 112.30 FAILURE TO DISCONNECT OR UNAUTHORIZED RECONNECTION OF ALARM SYSTEM. It shall be unlawful for any person to fail to disconnect an alarm system which has been ordered disconnected pursuant to Section 112.28, including those situations in which the City Manager or his designee affirmed the order to disconnect; and it shall be unlawful for any person to reconnect an alarm system which has been disconnected pursuant to the order of the enforcement official, unless reconnection of the alarm system is authorized pursuant to Section 112.31. Any person violating the provisions of this section shall be subject to penalties provided for in Section 10.99, the penalty being cumulative to other administrative remedies provided for in this chapter, Section 112.31 RECONNECTION OF ALARM SYSTEMS. Any order to disconnect an alarm system may be rescinded by either the Police Department or Fire Department enforcement official upon a finding by said enforcement official that the alarm user has taken corrective action which it is reasonable to conclude will remedy the cause of the false alarms or alarm malfunctions at the 9 premises. In making a request for such a rescission, the alarm user shall have the burden to show what corrective action has been taken and that same is sufficient to support a finding that the cause of the false alarms or alarm malfunctions has been remedied, The enforcement official shall have the right to inspect the alarm system and test same prior to rescinding the order to disconnect. Before any reconnection of an alarm system, after the order to disconnect said system, a reconnection fee of fifty dollars ($50,00) shall be assessed. The enforcement official shall not rescind an order to disconnect if the alarm user has failed to pay any fee charged pursuant to this chapter, Section 112.32 NEWLY INSTALLED ALARM SYSTEMS. The provisions of this chapter relative to false alarms shall not apply to any newly installed alarm system for a period of sixty (60) days from the date of the activation of that alarm system, but shall apply from and after the expiration of the initial sixty (60) day period following activation. The time limit provided for in this section shall be measured from the date shown on the application for alarm registration required by Section 112.21(B)(5). The exemptions set forth in this section shall not apply' to any person who has failed to comply with Section 112.20. ADMINISTRATION AND ENFORCEMENT Section 112.50 NONCOMPLIANCE WITH PROVISIONS. In addition to the violations specifically set forth herein, any noncompliance with the provisions of this chapter shall be decreed a violation of this chapter, punishable as provided herein. Section 112.51 ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD. The enforcement official may initiate action before the Code Enforcement Board of the city to obtain compliance with this chapter and payment of service charges or fees assessed by the city pursuant to the provisions of this chapter. The Code Enforcement Board shall have the authority to place a lien against the premises served by an alarm system in the amount of all assessed service charges and fees. Section 112.52 ALARM SYSTEM OPERATIONS. The City, its officers, employees and agents, shall not assume any duty or responsibility for the installation, maintenance, operation, repair or effectiveness of any privately owned alarm system, those duties or responsibilities being solely those of the alarm user. Additionally, it shall be the responsibility of the alarm user to silence an activated alarm and thereafter reset same. Section 112.53 LIMITATION OF LIABILITY. 10 The City, its officers and agents shall not be under any obligation or duty to an alarm user or to any other person hereunder by reason of this ordinance. The City specifically disclaims liability for any damages which may be caused by failure to respond to an alarm. Nothing herein shall be deemed to waive any immunities granted pursuant to Section 768.28, Florida Statutes. Section 112.54 REMEDIES TO BE CUMULATIVE. The remedies of the city provided in this chapter shall be cumulative with each other and other remedies existing according to law. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3, That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of January . 1995, ~~ ATTEST: Q/;. Nm'ffJ1-!,:fljJ if! J/nmy City CI k First Reading January 3, 1995 Second Reading January 17, 1995 .-.-:z 11 WEINER & MORICI, P.A. ATTORNEYS AT LAW The Clari< House 102 North Swinton Avenue Oelray Beach, Florida 33444 MICHAEL S. WEINER South Palm Beach County: (407) 265-2666 ALFRED Q. MORICI North Palm Beach County: (407) 736-5888 CAROLE ARONSON Broward County: (305) 462-4935 Telecopier: (407) 272-6831 OF COUNSEL: PETER J. MURRAY VIA BUD DELIVERY January 17, 1995 Susan Ruby, Esquire' The City of Delray Beach 200 N.W. 1st Avenue Delray Beach, FL 33444 RE: Del Raton Park; Rezoning from PC (Plan Commercial) to RM (Medium Density Residential) former Lehman Property Our File No.: CGLI(070)001 Dear Susan: This is to formally request a postponement of the above-captioned application with respect to the second reading at the meeting tonight, January 17, 1995. In the event that any re-advertising, re-notice or republication costs were required, the costs would be born by the Applicant. The postponement would be for a date not later than April 30, 1995. The purpose of the postponement, among other things, is to clarify certain site plan issues with the Site Plan Review and Appearance Board on a concept basis. As we know, no formal action can be taken. We appreciate your cooperation in this matter and believe that the work which the Applicant is doing with the Site Plan Review and Appear nce Board wil improve the project being considered. cc: Jose h Torg ~rn @[gO\Yl rn: ~~. Diane Dominguez ~ a1T- ,\ ~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~l SUBJECT: AGENDA ITEM i 10. (!.- MEETING OF JANUARY 17. 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. ~ DATE: JANUARY 12, 1995 This is second reading and public hearing Ordinance No. 4-95 which rezones a 10.23 acre parcel of land from PC (Planned Commercial) District to RM (Medium Density Residential) District. The property is located on the south side of Lindell Boulevard, between South Dixie Highway and South Federal Highway. The purpose of this rezoning is to apply the appropriate zoning classification for a potential multiple family development. The property is located in Redevelopment Area #6 per the Future Land Use Element of the Comprehensive Plan. The proposed multi-family use differs from the uses contemplated for this redevelopment area. Therefore, if the Commission determines the proposed rezoning to be appropriate, an associated action should be formal direction to initiate a Comprehensive Plan amendment regarding Redevelopment Area #6, to be processed as part of Comprehensive Plan Amendment 95-1. Please refer to the staff documentation for a detailed analysis of this request. The Planning and Zoning Board formally reviewed this item at public hearing on December 19, 1994. The applicant's representative asked that the Board recommend affixing a density suffix of 111211 to the RM zoning. The Board felt that the exact density would more appropriately determined during the site plan review process, and voted 5 to o to recommend that the rezoning to RM be approved. The Board further recommended that the Commission initiate an amendment to the Comprehensive Plan for Redevelopment Area #6. At first reading on January 3, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 4-95 on second and final reading. If passed, formal initiation of an amendment to the Comprehensive Plan for Redevelopment Area #6 is also requested. ref:agmemo12 p~ , \ . ) ORDINANCE NO. 4-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN THE RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE SOUTH SIDE OF LINDELL BOULEVARD, BETWEEN SOUTH DIXIE HIGHWAY AND SOUTH FEDERAL HIGHWAY; 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 PC (Planned Commercial) District; and WHEREAS, at its meeting of December 19, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted 5 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: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: A portion of the Southeast One-Quarter (SE 1/4) of Section 29 and a portion of the Northeast One-Quarter (NE 1/4) of Section 32, Township 46 South, Range 43 East, Palm Beach County, Florida; a portion of DEL-RATON PARK, according to the Plat thereof, as recorded in Plat Book 14, Pages 9 and 10, of the Public Records of Palm Beach County, Florida; as modified by City of Delray Beach Resolution No. 68-86, dated December 16, 1986, as recorded in Official Record Book 5140, Page 1278, of the Public Records of Palm Beach County, Florida; and a portion of TROPIC PALMS PLAT NO. 1, according to the Plat thereof, as recorded in Plat Book 25, Pages 99-102, of the Public Records of Palm Beach County, Florida; as modified by City of Delray Beach Resolution No. 68-86, dated December 16, 1986, recorded in Official Record Book 5140, Page 1278, of the Public Records of I Palm Beach County, Florida, being more particularly described as follows: COMMENCING at the Northeast corner of said Northeast One-Quarter (NE 1/4) of said Section 32; thence South 89 degrees 44' 35" West along the North line thereof, a distance of 495.46 feet to a Point of Intersection wi th the Westerly right-of-way line of U. S. Highway No. 1 as shown on said "TROPIC PALMS PLAT NO. 111 and the POINT OF BEGINNING; thence South 07 degrees 44' I 00" West, a distance of 302.94 feet; thence South 89 degrees 44' 35" West, along a line parallel with and I 300.00 feet South of the North line of said Section I 32, a distance of 128.79 feet to a Point of I Intersection with the Easterly line of Lots 9 through 26, Block 32 of said DEL-RATON PARK; thence South 00 degrees 28' 25" East, along said East line, a distance of 162.34 feet to the Southeast corner of Lot 9, Block 32 of said DEL-RATON PARK; thence South I 89 degrees 31' 35" West, along the South line i thereof, a distance of 155.00 feet to a Point of i Intersection with the centerline of "Raton Court" as II shown on said DEL-RATON PARK; thence South 00 degrees I 28' 2511 East, along said centerline, a dis'tance of : 199.88 feet to a Point of Intersection with the I Easterly projection of the South line of Lot 24, ! Block 6 of said DEL-RATON PARK; thence South 89 ! degrees 44' 35M West, along said projection, a I distance of 65.85 feet to a Point of Intersectiort I with the North right-of-way line of South Florida Water Management District CanaliS; thence North 79 degrees 45' 25" West, along said North right-of-way line, a distance of 105.80 feet; thence North 03 degrees 36' 3811 East, continuing along said North right-of-way line, a distance of 5.02 feet; thence North 79 degrees 45' 25M West, continuing along said North right-of-way line, a distance of 169.78 feet to a Point of Intersection with the centerline of Dixie Boulevard; thence North 04 degrees 53' 4211 East, a distance of 369.86 feet; thence North 07 degrees 45' I OS" East, along the centerline of said "Dixie Boulevard", a distance of 224.37 feet to a Point of Intersection with the Easterly projection of the South line of Lot 30, Block 4 of said DEL-RATON PARK; thence North 82 degrees 14' 55" West, along said line, a distance of 155.00 feet to the East right-of-way line of IIOld Dixie Highway" as shown on I said TROPIC PALMS PLAT NO.1; thence North 07 degrees 45' 05" East, along said East right-of-way line, a I I - 2 - Ord. No. 4-95 I , , ) distance of 224.60 feet to a Point of Intersection with the South right-of-way line of tlLindel1 Boulevardtl as shown on said TROPIC PALMS PLAT NO. 1 ; thence South 82 degrees 14' 55" East, along a line I parallel with and 50.00 feet South of the centerline I of said "Lindell Boulevard N , a distance of 731.96 feet to a Point of Intersection with the North line I of Block 32 of said DEL-RATON PARK; thence North 89 , degrees 44' 35t1 East, along said North line, a distance of 11. 45 feet to a Point of Intersection I with said West right-of-way line of u.S. Highway No. 1; thence South 07 degrees 44' 00" West, along said West right-of-way line, a distance of 126.23 feet to the POINT OF BEGINNING. I i The subject property is located on the south side of I Lindell Boulevard, between South Dixie Highway and I ! South Federal Highway; containing 10.23 acres, more i I or less. I Section 2. That the Planning Director of said City shall, I I i upon the effective date of this ordinance, amend the Zoning Map of the I City of Delray Beach, Florida, to conform with the provisions of I Section 1 hereof. I Section 3. That all ordinances or parts of ordinances in I I conflict herewith be, and the same are hereby repealed. I i Seotion 4. That should any section or provision of this I 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 af~ect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Seotion 5. That this ordinance shall become effective I immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. 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UIlIIII"II"mr~OI[lI III ~ __a 1 ~ j j? ~ ~ ~ ~ ~ , ..... .....IC 1:11.[ DO. ~ ~ ~ ~~ 1 ~ ~' 1= C ,.-JN~ a I I . I.)~ 0<<<6.. L~~ ").'E--"=.Y_.'( .,p. ..""' ~ 0... ....... lll~V~ ~ J ............... / '/ ~ REZONING ...... ~ cn'f . 18M' .ucM. '" - ... ... IJNI Sm&I oK ~1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER THRU: N D ~~~TOR DEPARTMENT OF PLA G AND ZONING FROM: JEFFREY A. COSTELLO ~ SENIOR PLANNER SUBJECT: MEETING OF JANUARY 3, 1995 REZONING FROM PC (PLANNED COMMERCIAL) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF LINDELL BOULEVARD, BETWEEN SOUTH FEDERAL HIGHWAY AND SOUTH DIXIE HIGHWAY. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 10.2 acre parcel from PC (Planned Commercial) to RM (Medium Density Residential). The subject property is located on the south side of Lindell Boulevard, between South Federal Highway and South Dixie Highway. BACKGROUND: The subject property was formerly approved for use as an auto dealership (Lehman Auto) , which was never established. The purpose of this rezoning is to apply the appropriate classification for a potential multiple family development. The rezoning does not include the existing commercial properties along Federal and Dixie Highways. The request involves property that is within Redevelopment Area #6, as designated in the Future Land Use Element of the Comprehensive Plan. The proposed change to a multi-family development differs from the uses included in the description of this Redevelopment Area. If approved, a Comprehensive Plan amendment dealing with Redevelopment Area #6 should be initiated. Additional background and a full analysis of the request is provided in the attached Planning and Zoning Board staff report. City Commission Documentation Meeting of January 3, 1995 Rezoning from PC to RM for property at Lindell and Federal Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of December 19, 1994, the Planning and Zoning Board held a public hearing in conjunction with the rezoning request. The vice-president of the Tropic Palms Homeowners Association stated his concern that the proposed density was too great, and that rental apartments would detract from the neighborhood. Michael Weiner, the applicant's representative, asked that the Board affix a density suffix of "12" to the RM classification. While the Board was not opposed to a potential density of 12 units per acre, their consensus was not to apply a suffix. They felt that the exact density would be more appropriately determined at the site plan stage. The Board voted 5-0 (Kiselewski and Wheat absent) to recommend that the rezoning to RM be approved. The Board also recommended unanimously that the Commission initiate an amendment to the Comprehensive Plan regarding Redevelopment Area #6, to be processed with Plan Amendment 95-1. RECOMMENDED ACTION: By motion, approve the rezoning on first reading, setting a public hearing date for January 17, 1995, and direct staff to process a Comprehensive Plan amendment for Redevelopment Area #6. , Attachment: * P&Z Board Staff Report & Documentation of December 19, 1994 * Copy of Ordinance (by others) -rICCLINDEL.DOC I PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: December 19, 1994 AGENDA ITEM: V.A. ITEM: Rezoning from PC (Planned Commercial) to ~I (Medium Density Residential) (Former Lehman Property). GENERAL DATA: Owner....................Southeast Investments of Palm Beach county, Inc. Applicant................CG Land, Inc. ~ ClWC 1llUCIICS Agent....................Joseph S. Torg Joseph S. Torg and Co., Inc. Location.................Sout.hside of Linden Boulevard, between Federal DIlJUoT Highway and Dixie Highway. ftnOTA Property Size............lO.23 Acres City Land Use Plan.......Redevelopment Area '6 ..~ SA1IJlIC Existing City Zoning.....PC (Planned Commercial) Proposed City Zoning.....RM (Medium Density Residential) Adjacent Zoning...North: PC East: PC, AC (Automotive Commercial), and GC (General Commercial) South: City of Boca Raton - B-4 (General Business District) and RBI (General Business , and Motel District) West: PC and RM , : .,. ~:. Existing Land usi"~'''' Vacant land. Proposed Land UBerT:. u.. ,Potentially a 122-unit multiple family development. Water Service............Available adjacent to the property via an existing 10" water main along both Lindell Boulevard and Dixie Highway. Sewer service............To be provided via a main extension south on Federal Highway along with the installation of a lift station. V.A. f I T E M B E FOR E THE BOARD: The item before the Board is that of making a recommendation to the City Commission on a Rezoning request from PC (Planned Commercial) to RM (Medium Density Residential), pursuant to Section 2.4.5(E). The subject property is located on the south side of Lindell Boulevard, between South Federal Highway and South Dixie Highway. Pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make a recommendation to the City Commission with respect to rezoning of any property within the City. B A C K G R 0 U N D : The subject property is comprised of a portion of the Del-Raton Park subdivision and a portion of Tropic Palms Plat No. 1 which is currently vacant and has been for many years. The following are land use actions that have occurred on the property. On December 16, 1986, the City Commission approved the annexation of a portion of the subject property as well as adjacent properties (south of Lindell Boulevard, between Federal Highway and Dixie Highway) (13.3 acres) into the City of Delray Beach with an SC (Specialized Commercial) zone designation (via Ordinance No. 89-86). Also at that meeting, the CommisSion approved the abandonment of various road and canal rights-of-way, and easements within and adjacent to the annexed . property (via Resolution No. 68-86). At its meeting of March 24, 1987, the City Commission approved a land use plan amendment from MF-10 (Multiple Family - 10 du/ac to C (Commercial) (via Ordinance No. 24-87) and a rezoning from RM-10 (Multiple Family Dwelling District) to SC (Specialized Commercial) for 2.3 acres of land on the south side of Lindell Boulevard (via Ordinance No. 25-87). Also at that meeting, the City Co~ission granted conditional use and site plan approval to construct a full service automobile dealership (Lehman Auto Dealership) on 10.2 acres of land south of Lindell, between Federal and Dixie Highways. A condition of approval was that the property be platted. On November 11, 1987, the City Commission approved the plat, however, the plat was never recorded. On July 29, 1988, a request for a time extension to the conditional use and site plan for Lehman auto dealership was submitted and was subsequently withdrawn. Thus, the conditional use and site plan expired on April 20, 1988. . P & Z Board Staff Report . Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 2 With the adoption of the City's Comprehensive Plan in November 1989, ~he property's land use map designation was changed from C (Commercial) to Redevelopment Area '6. With the Citywide rezoning and adoption of the Land Development Regulations in October 1990, the subject property was rezoned from SC (Specialized Commercial) to PC (Planned Commercial). On May 6, 1994 an application for rezoning from PC (Planned Commercial) to RM (Medium Density Residential) was submitted and subsequently withdrawn prior to any action. On November 11, 1994, the .- rezoning request from PC to RM was submitted and is now before the Board for action. PRO J E C T DES C RIP T ION : The proposal is to rezone 10.2 acres of land from PC (Planned Commercial) to RM (Medium Density Residential). The rezoning does not include the existing commercial properties along Federal and Dixie Highways. If the Rezoning is approved, a site and development plan submittal to construct a multiple-family development is anticipated. Z 0 N I N G A N A L Y S IS: Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report, or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Compatibility, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations (LORs). . COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives are noted. Land US8 Element Redevelopment Areas - The Redevelopment Area designation is applied to those areas which have been identified in the Land Use Element as being in need of redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be prepared pursuant to Objective C-2 of the Land Use Element. If a development proposal is presented to the City prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the following ways: . the application shall be placed on hold for not more than six (6) months while the redevelopment plan is prepared; . the application shall be processed on a case by case basis with the existing zoning map, the Land Use Element, and the Housing element providing the Local Planning Agency with the policy guidance needed to properly dispose of the application. P , Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 3 The description of the Lindell Boulevard Redevelopment Area ('6) in the Comprehensive Plan is as follows: Land Use Element Policy C-2.6 - The Lindell Boulevard and Federal Highway Redevelopment Area (Redevelopment Area '6) extends from the C-15 Canal northward between Federal and Dixie Highways. Half of the land is vacant, almost half is underutilized as a substandard trailer park, and a few lots have residences upon them. An effort shall be made to promote aggregation of parcels prior to any further development. While any commercial use is allowable, the future use of the property is most appropriate for a "destination" use i.e. a use to which a person will travel. These uses include, highly specialized commercial activities and recreation. The incentives provided under the Large Scale Mixed Use designation could be applied to this redevelopment area. The area does not include the existing (Honda) automobile dealership but does include the mobile home park north of it. The proposal does involve the aggregation of land as the subject property is comprised of a large number of individual lots as well as abandoned rights-of-way and easements. The applicant is in the process of contacting adjacent property owners in an attempt to purchase additional land to incorporate into the subject property. Previous attempts were made by the applicant, however, the adjacent property owners were not receptive to the applicant's request. Given the property's location, the development of the property as multi-family may be more realistic than a destination use (specialized commercial use) . Also, the development of the property as commercial (retail) may not be realized given the high vacancy rate of adjacent commercial properties and shopping centers. Additionally, traffic concurrency problems on South Federal Highway reduce the likelihood that a destination type commercial operation could be readily approved at this location. .Thus , while the proposal is not entirely consistent with the~existing description in the Comprehensive Plan, it may be ~more appropriate to delete or amend that description than to deny the proposal based on that inconsistency. At the very least, the rezoning should be considered on its own merits, as permitted in the "case by case" option under the policies for Redevelopment Areas in the Comprehensive Plan. Land Use Element Objective A-l - Vacant property shall be developed in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. P & Z Board Staff Report . Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 4 A. Physical Considerations - The property was previously disturbed in order to accommodate an automobile dealership, which was never constructed. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residences. B. Complimentary with Ad1acent Land Uses - The rezoning from commercial to residential will be complimentary ,- with the residential communities to the west of Dixie Highway and east of Federal Highway as well as the adjacent commercial uses. C. Fulfills Remaininq Land Use Needs - The Housing Element of the Comprehensive Plan calls for development of property to provide a variety of housing types. Further, within Redevelopment Areas medium density residential concentrations shall be provided. Along the Federal Highway Corridor, there is an abundance of vacant and underutilized commercial properties. This rezoning will result in the reduction of commercial zoned property from a commercially saturated area and yet fulfill the need for medium density residential within redevelopment areas. Conservation POlicy B-2.5 - Whenever new development or redevelopment is proposed along a waterway, a canal, an environmentally sensitive area, or an area identified via policy B-2.1, an area equivalent to at least 10% of the total area of the development shall be set aside in an undisturbed state or 25% of native communities shall be retained pursuant to Treasure Coast Regional Planning Commission Policy 10.2.2.2. This policy is applicable as the property abuts the SFWMD C-15 Canal. However, the site is in a disturbed state and there are no native communities that abut the canal. This policy will be further addressed with review of a site and development plan proposal. The RM regulations require this .development to provide a minimum 25% open space. ~ Traffic Blement Table T-4 - The ultimate right-of-way width for Dixie Highway between Linton Boulevard and the South City Limits is 80'. Presently, there exists 30' of right-of-way adjacent to this property, therefore a 50' right-of-way dedication is required along Dixie Highway. If the rezoning is approved, submittal of a site plan application is anticipated. The right-of-way dedication will be addressed at that time. Future Land Use Map: Pursuant to Land Development Regulations Section 3.1.1(A) (future Land Use Map) , all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. P , Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. , Page 5 The subject property has a Redevelopment Area 16 Land Use Map designation and is currently zoned PC. Unlike other land use designations, there are no zoning classifications that are automatically consistent with a Redevelopment Area designation. The proposal to aggregate land into one development is consistent with the current description of Redevelopment Area 16. The RM zoning does not conform to the description of this area, however as previously discussed, the option exists to consider the proposal on a "case by case" basis. This rezoning involves a majority of the property bhat lies within Redevelopment Area 16. If the rezoning is approved, the redevelopment designation should be removed and replaced with a specific underlying land use designation. Removal of the current land use designation will require an amendment to the Future Land Use Map. As the designation covers an area that exceeds 10 acres, the amendment would exceed the 10 acre maximum permitted for Small Scale Amendments. Thus, that amendment will have to await the twice a year Comprehensive Plan Amendment cycle. In addition to the above, the ability to aggregate the existing commercial properties adjacent to the subject property, into an overall Planned Commercial development will have been diminished. As such, their current PC zoning will become inappropriate. Rezoning of these properties should occur concurrently with the amendment to, or deletion of, the description of Redevelopment Area '6 in the Comprehensive Plan. Concurrency: Pursuant to Section 3.1.1(B), Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water 'Sewer: ,~.. The rezOning from commercial to residential will result in an increase ,. in water and sewage flows. The projected water and sewer flows under the current PC development scenario are 14,330 gallons per day whereas the flows for a maximum potential 122-unit multi-family development under the RM zoning would be 26,718 gallons per day. Development of these properties under either scenario will not cause an adverse impact on water and sewer level of service standards. Water service is available adjacent to the property via an existing 10" water main along both Lindell Boulevard and Dixie Highway. Sewer service is to be provided via a main extension south on Federal Highway along with the installation of a lift station. With future development any main extensions and/or upgrades will be the responsibility of the developer. / P & Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 6 Drainaqe: The change from commercial to residential will result in less impervious areas (building and pavement coverage) . As the property is currently vacant, there are no problems anticipated with the ability of future development retaining drainage on-site and complying with South Florida Water Management District Standards. Streets and Traffic: The potential 122-unit multiple family development will generate 854 trips, whereas the potential traffic generated by a shopping center is 5,451 trips. Thus, the traffic generated by the potential residential development will be significantly less than that generated by a commercial development. Based upon the above, positive findings with respect to traffic concur~ency can be made for the rezoning. It is noted that the major roadways adjacent to the subject property are Federal Highway, a State Principal arterial, and Dixie Highway, a County Collector. Although this segment of Dixie Highway roadway link (between Linton Boulevard and the C-15 Canal) is currently operating at an acceptable level of service (Level Of Service "B"), the Federal Highway roadway link is currently operating at a substandard level of service (Level Of Service "E"). With a site and development plan submittal, a full traffic study must be submitted which addresses the capacity of the above roadway links. Parks and Recreation: The proposed RM zoning will allow a maximum of 122 units. The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. A parks and recreation impact fee of $500 per unit will be assessed at the time of building permit. Solid Waste: \.... ~ The rez<#llng will result in a substantial reduction of trash generat~. The existing PC zoning could generate 3,121 pounds per day whereas a multi-family development under the proposed RM zoning would would generate 535 pounds per day. Thus, positive impacts on this level of service standard will be realized. Section 3.3.2 (Standards for Rezoning Actions): The applicable . performance standards of Section 3.3.2 and other policies which apply are as follows: D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing ~nd proposed; or that if an incompatibility may occur, that sufficient regulations exist to property mitigate adverse impacts from the new use. P & Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. . page 7 North of the subject property is zoned PC (Planned Commercial); west is zoned PC and RM (Medium Density Residential); east is PC, GC (General Commercial) and AC (Automotive Commercial); and south across the C-15 Canal is zoned City of Boca Raton RBI (General Business and Motel) and B-4 (General Business). The existing land uses to the north are: an auto repair shop (Certified Auto Repair Service), four (4) single family homes, and vacant land. South, across the C-15 Canal, is vacant land and a City of Boca Raton water storage tank. East is Delray Isuzu auto dealership, Pelican Harbor Shoppes, Delray Dental Building, Orange Royal ( farmers market). West is Mac t s Garden of Eden (nursery), Dixie Variety Store (convenience store), a vacant commercial building, vacant land and, across. Dixie Highway and the F.E.C. Railroad, The pointe townhouse development. The proposed RM zoning will allow a development which is much less intense than that allowed under the current PC (Planned Commercial), therefore, compatibility with the adjacent properties should be enhanced. The proximity of the subject property adjacent to (between) existing commercial uses may present some problems as far as its potential for residential development. Concerns regarding compatibility of the proposed development with the commercial uses can be further addressed during the site plan review process, where the provision of adequate buffering can be addressed. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(0)(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 applicant has submitted a justification statement which states the following: . . P & Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 8 "The future land use map designates this property as a Redevelopment Area. As such, the proposed rezoning RM represents an intensity, which is less than that which the future land use map allows. Therefore, rezoning this land would be consistent with the Comprehensive Plan for the City of Delray Beach. In addition, the subject property sits within a unique corridor in Delray Beach. To the north is an intensely developed commercial area, which includes automobile dealerships, restaurants, shopping centers, offices, a mall, and strip centers. To the east and west, however, also bordering the C-15 Canal, are the residential communities of Tropic Isles and Tropic Palms. Accordingly, rezoning this property to RM will make the site more compatible with the surrounding area by completing a transitional residential band along the City's southeastern boundary." Comment: Item C is the applicable basis for the rezoning. The property is adjacent to the C-15 Canal which lends itself well to residential development. To the east and west of the property are strip commercial developments which either abut or are adjacent to residential developments. The RM zoning (medium density) is as appropriate as PC and will result in a development that is much less intense than PC. Given the property's location, its development as multi-family may be more realistic than a destination use (specialized commercial use). Also, the development of the property as commercial (retail) may not be realized given the high vacancy rate of adjacent commercial properties and shopping centers and traffic concurrency problems on South Federal Highway. Development of the property as residential would be an inducement for the redevelopment and development of surrounding properties within the Redevelopment Area. OTHER I T EMS . . Access Easement '" Adjacent. .to the southeast corner of the subject property there is a vacant parcel of land to which there is no dedicated access, thus the property is landlocked. The property became landlocked through the abandonment of rights-of-way, specifically Raton Court and Del-Raton Boulevard. Alternative access to these properties was to have been granted through the Lehman plat, which was never recorded. With a site plan submittal, access must be provided to the landlocked parcel. REVIEW B Y o THE R S . . The rezoning is not in a geographic area requiring review by the CRA (Community Redevelopment Agency) , the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). . P & Z Board Staff Report Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 9 Special Courtesy Notice: Courtesy notices were provided to the following homeowner's and neighborhood associations: * Pelican Harbor * Tropic Bay * Tropic Isles * Tropic Palms Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASS E SSM E N T AND CON C L U S ION : The Rezoning from PC to RM for the subject property is consistent with Chapter 3 of the Land Development Regulations. Although the proposed zoning is not consistent with all elements included in the description of Redevelopment Area 16, it is consistent with other policies and objectives of the Comprehensive Plan. Based on the inconsistency, it may be more appropriate to delete or amend that description than to deny the proposal. Also, positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the RM is as appropriate if not ~ appropriate than PC and will result in-a development that is much less intense than PC. The property is adjacent to the C-15 Canal which lends itself well to residential development. Development of the property as residential would be an inducement the area and may encourage redevelopment and development of surrounding properties within the Redevelopment Area. A L T ERN A T I V E ACT ION S . . A. Continue with direction. B. Recgmmend approval of the rezoning request from PC to RM bas~ upon positive findings with respect to Chapter 3 (peF~Qrmance Standards) of the Land Development RegUlations, policies of the Comprehensive Plan, and Section 2.4.5(0)(5). C. Recommend denial of the rezoning request from PC to RM based upon a failure to make a positive finding with respect to Consistency with the Redevelopment Area #6 description of the Comprehensive Plan Chapter, and that pursuant to Section 2.4.5(0)(5) the rezoning fails to fulfill at least one of the reasons listed . . . P & Z Board Staff Report . Rezoning from PC to RM at Lindell Blvd. and Federal Hwy. Page 10 S T A F F R E COM MEN 0 A T ION : A. Recommend to the City Commission approval of the rezoning from PC (Planned Commercial) to RM (Medium Density Residential) based upon positive findings with respect to Chapter 3 of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5)(c) (Rezoning Findings). B. Recommend to the City Commission that as part of Comprehensive Plan Amendment 95-1, the Redevelopment Area #6 description be amended or deleted. Attachments: * Location/Zoning Map * Survey TILZNDELL.OOC '?~.. ~f{':;'" :{f'- I' . _.'-.%. ~ f I -- ~ · . c ,.' . . LINDE " · ' ' ," ~,__ {; ...., LL., .' ,.j.! , -. .......... .' , . ..', ,.'.' ~, 1 .~ I ,. - - -~ ~ ~ . - ._.........2:--..- -~ ,..- ,..' -" "" ,,,,' . .~,.. -~-- ::..... - " ,,- I, ."!J:~ I", ,"- -~ -,,;:--=!. "'= .. '; /. , ~ AT Nn ". -' . _,;. " (P.S.25 PGS 99 I ~'onlCIAL ~~ &01l1li . " \~. -.." :-:> ' " ' . -102' r.._ -, · ..... ... .... .. " " -- -,_. - ., ..;i':'" "J' ~ .~ - \....'...:,'J ,,' $' . ~. " <I- ,~~;. . ; . , 'f., - · "'- .1... " ' ,~'" _.cr1.~ ~ .. "...... . . 5 -- · .,y." ,'. a" ..... - ..., ~...td . " ... - _ _~.' S ~I"l S(c-~.IOGI.Sl . ~., - ----...................... ...-~.....- ~ ",' , ::;.:1:::- ~- · . , '..' ..- - .: . ..... . '" i; \' ~ . .." C\_. ,,y .' , .. . 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M E M 0 RAN DUM ~5 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERp;t1 SUBJECT: AGENDA ITEM. /0. D.- MEETING OF JANUARY 17. 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 3-95 AUTOMOTIVE COMMERCIAL DISTRICT SPECIAL REGULATIONS DATE: JANUARY 12, 1995 This is second reading and public hearing for Ordinance No. 3-95 which amends the Special Regulations of the Automotive Commercial (AC) District by adding a provision for relief from open space requirements under certain circumstances. In the AC district, whenever an existing use or structure is increased by 30% or more, the entire site must be brought into full compliance with current codes. A requirement unique to the AC district is that a minimum of 25% of the site must be left in open space. In some instances this has created difficulties for businesses seeking to upgrade their properties since site constraints limit the amount of open space available. The proposed amendment will allow some flexibility in the required upgrades while not adversely affecting the original intent of the special regulations. The Planning and Zoning Board reviewed this item on December 19, 1994, and voted 5 to 0 to recommend that the amendment be approved as drafted. During discussion at first reading on January 3, 1995, the point was made that many of the City's automobile dealerships were existing before the open space requirement became effective and are grandfathered in with open space percentages of less than 25%. While the intent of the amendment is to provide some flexibility, the concern was raised that there is nothing to specifically prohibit a property owner in the process of upgrading a site to reduce the percentage of open space beyond that currently existing. The ordinance was passed on first reading by unanimous vote with the inclusion of wording to this effect. The ordinance has been modified to provide that in no instance shall the percentage be reduced below the existing percentage of open space. Recommend approval of Ordinance No. 3-95 on second and final reading. ~qtd/ ref:agmemo11 (~IJ. ~ ~) (5 ) Relief from Open Space Requirements: Whenever the requirement to brinq an existinq site into full compliance triqqers a requirement'to increase the percentaqe of open space pursuant to the provisions of Section 4.3.4(K), a reduction of that requirement may be approved by the Site Plan Review and Appearance Board; however, in no instance shall the percentage be reduced below the existinq percentaqe of open space. Concurrent with qranting a reduction, the board must find that such reduction does not diminish the practical application of the requirement, particularly as it relates to the perimeter of the site. ~O'A - '/-0 ~ L D IL M!ltYirtYJ~ ~ ''t&tt A (! ~ r€/J~~ O~ Sid. ct ,-/ / eft.- ~~ ~ \~ 0fwv'~A1-J;i;. ~~ ( CD~lJ -rJw ~.~ ~~ c- ------- ~~ RECEIVED II b I qL{ CITY CLERK I I ! ORDINANCE NO. 3-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10, II AUTOMOTIVE COMMERCIAL (AC) DISTRICTII, SUBSECTION 4.4.10(H), II SPECIAL REGULATIONSII, OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A SUBPARAGRAPH (5) TO PROVIDE FOR RELIEF FROM OPEN SPACE REQUIREMENTS, SUBJECT TO REQUIRED FINDINGSj PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1. 1 . 6, the Planning and Zoning Board reviewed the subject matter at its meeting of December 19, 1994, and has forwarded the change with a recommendation of approval by a vote of 5 to OJ 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 obj,ectives 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, IIZoning Regulationsll, Article 4.4, IIBase Zoning Districtl', Section 4.4.10, "Automotive Commercial (AC) Districtll, Subsection 4.4.10(H), IISpecial Regulationsll, of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by adding a subparagraph (5) to read as follows: i2l Relief from O~en Space Requirements: Whenever the requirement to bring an existing site into full compliance triggers a requirement to increase the percentage of open space pursuant to the provisions of Section 4.3.4(K). a reduction of that requirement may be approved by the Site Plan Review and Appearance Board: however. in no instance shall the percentage be reduced below the existing percentage of open space. Concurrent with granting a reduction. the board must find that such reduction does not diminish the practical application of the requirement. particularly as it relates to the perimeter of the site. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. , . , / Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of January , 1995. ATTEST: ~~ (Jl1Mnirfl..c..M I ~ IIndry City C erk First Reading January 3, 1995 Second Reading January 17, 1995 - 2 - Ord. No. 3-95 M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1iVf SUBJECT: AGENDA ITEM * 10. &. - MEETING OF J'ANUARY 17. 1995 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 2-95 " NOTICE AND PROCEDURAL REOUIREMENTS FOR ANNEXATIONS DATE: JANUARY 12, 1995 This is second reading and public hearing for Ordinance No. 2-95 which amends three sections of the Land Development Regulations regarding notice and procedural requirements for annexations. The purpose of the amendments is to achieve consistency between the LDRs and the Florida Statutes, as well as with the City Charter. Also included are procedural requirements for non-voluntary annexations which previously had not been addressed in the LDRs. Please refer to the staff documentation for an analysis of the proposed amendments. The Planning and Zoning Board formally reviewed this item on December 19, 1994, and voted 5 to 0 to recommend that the proposed changes be adopted. At first reading on January 3, 1995, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 2-95 on second and final reading. ~ 5-0 ref:agmemo20 , . ; ORDINANCE NO. 2-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2, "NOTICE REQUIREMENTS" , SUBSECTION 2.4.2(B)(1)(a), "ANNEXATIONS", SECTION 2.4.5(C), "ANNEXATION OF TERRITORY" , AND ARTICLE 4.2, II ANNEXATION AND INITIAL ZONING" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY NOTICE AND PROCEDURAL REQUIREMENTS FOR BOTH VOLUNTARY AND NON-VOLUNTARY ANNEXATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of December 19, 1994, and has forwarded the change with a recommendation of approval by a vote of 5 to 0; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, 'IAdministrative Provisions", Article 2.4, "General Procedures II, Section 2 . 4 . 2 , "Notice Requirements", Subsection 2.4.2(B) (1) (a), IIAnnexationsll, of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Public Hearing Require_ents: The following notice requirements and hearing procedures shall be complied with whenever an action before a Board requires consideration at a public hearing. These requirements are in addition to any requirements for public hearing notice which are otherwise required by State Law or City Commission procedures. ( 1 ) Notice. All public hearings shall be noticed through letters to property owners, legal advertisements, or display advertisements as set forth below. (a) Annexations: ill Non-voluntary: Notice requirements contained within applicable sections of Florida Statutes Chapter 171 shall apply. , .L2..l Voluntary: Notice requirements contained within applicable sections of Florida Statutes Chapter 171 and City Charter SectiQn 2.03 shall apply. In addition. t1he same procedures as are used for noticing a rezoning shall apply..... ~9S /,.~ /,.~~~~,.~;t:9S~ /v;t:~li t~_pS~~t /"tr/J /;tr/Jt;t:~~ /'YJ~f.r/Jt~ /t)!~ /'~~;t;t;t:;tw /~;t~ ~r/J;t;t:;tW///~r/J~t~/////~r/JW~1~t'///~t///t)!~///~tty ~r/JP\P\t__tr/J;t / /l-~1~l-' / /t~~ / /~~~tttr/J;t"l- / /~r/Jtt~~ t~~~tt~p\~;tt_/_)!~l-l-/'YJ~/P\~~~I I.;t:J ~f.t~t//f.;t:t_t//t~~~;t:;tW//r/Jf.//t~~//~;t,,~t;t:;tw r/Jt~t;t;.~~~' I;' /;tr/Jtt~~ /_)!;.l-~ /'YJii6 /pS~'YJ~t_)!~~ r/J;t~~/;'/W~~~/f.r/Jt/f.r/J~t/~r/J;t_~~~tt1~/W~~~_/ 1)!~ /;tr/J"t;t:~~ /_~;.l-l- /pStr/J1t~~ /"t~~ /r/Jt~tvi;.vi~~ ;t~P\~~t'/;./'YJtt~f./~~_~ttpStt~vi/r/Jf./t~~/~;.vi~ tr/J/'YJ~/~;t;t~~~~'/;./p\~pS/~l-~~t~y/_)!r/Jw;t:viw/t)!~ ;.t~;.'/~vi~/;./_t;.t~P\~vit/t)!;.t/t~~/~r/Jp\pS~~t~ l-~W;.l- /~~_~t;t:pSt;t:r/J;t /;.pi~ /r/Jt~;t:pi;.vi~~ /P\;.y /'YJ~ r/J'YJt~t;t~~ /f.tr/JP\ /t~~ /'lJf.f.;t:~~ /r/Jf. /t~~ /~tty ~~~t~//I.~~~t"t~t/~/~~'/~r/Jt~J I.ttJ 1~~/_;t;.~tt~w/r/Jt~tvi;.;t~~/P\~_t/_t;.t_/t~;.t t~_ /'YJr/J~pi~;.t;t:__ /r/Jf. /t~~ /I/-tty /r/Jf. /VJ_~t;.y ~_;.~~/;.t_/t_~_f.t;t_~/_r/J/;._/"tr/J/t;t~~~~~/t)!_ tt;.~t / /r/Jt / /tt~~t_ / /r/Jf. / /l-;.;t~ / /_r/J / /'YJ~tpiW ;.;t;t~~_~//l~~~tt~t/~/~~I.~Jl I.tt;t:J1)!~/_;t;.~tt;tW/r/Jt~;t:pi~pi~_/_~~~l-/~_ pS~'YJ~t_)!_~ /t~ /f.~~~' /;.t /~_;._t /r/Jvi_ /ttP\_, 'YJ_tw_~;t //f.;t:t_t //;.;t~ //__~r/Jpi~ //t_~~tviW/ l~~~tt~t/~/~~I.'YJJl Section 2. That Chapter Two, "Administrative Provisions", Article 2.4, "General Procedures", Section 2.4.5, "Procedures for Obtaining Development Approvals", Subsection 2.4.5(C), "Annexation of Territory", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: eC) Annexation of Territory: ( 1 ) Rule: The owner of land may seek the annexation of contiguous property, under his ownership. The City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. Further, the City may initiate annexation of property pursuant to Florida Statutes. ~pi~_t/"t)!t_/~;.tt_t/~;.__,/t~_/pStr/J1t_t~vi_/r/Jf./t~;.t _t;.t~t_/;.t_/t;t/;.~~tttr/Jpi/t~/t)!_/t_~~tt~p\_pit_/~~;tt;.t;t_~/)!_t_tpi/ - 2 - Ord. No. 2-95 I c , I (2) Required Information: A request for voluntary annexation shall be in the form of a Petition to the City Clerk in which a request for annexation is made. The petition must identify the property to be annexed by legal description and must state the desired zoning. A voluntary annexation petition 1~ must be accompanied by a zoning application. In addition to information required for the zoning action, an exhibit, prepared by a licensed surveyor, which shows the points of contiguity shall be provided. Requirements for non-voluntary annexations are pursuant to applicable sections of Florida Statutes Chapter 171. (3 ) Procedure: The voluntary annexation petition shall be considered _tlll}4;l~_J'i~szl}4_;lt with the zoning application and shall be subject to the zoning procedures. For voluntary annexations. ~J'i/_~~t~tszl~1 prior to second reading of the enacting ordinance by the City Commission, notice of the annexation shall be published pursuant to 2.4.2(B)(1)(a)l2l. Non-voluntary annexations require a recommendation of the Planning and Zoning Board. and shall be processed pursuant to applicable requirements of Florida Statutes Chapter 171. (4) Findings: 1J'i /_~~t~tszlJ'i /~szl /ttJ'i~tJ'i~_ /t~li}4tt~~ /tszlt _~ttszl~ /tpJ'i /t)i~ /~tp~t~2f l_pp;lt~_ttszl~1 /t~he City Commission must make findings that the annexation wt;l;l/~szl~/~t~_~~/_/~~W/~~~~tt/~~~;l_y~/_~~ ~)i_~/~)i~/_~~~~_~tszl~ is consistent with Objective B-3 of the Land Use Element. and complies with F.S. Chapter 171. Section 3. That Chapter Four, "Zoning Regulations", Article 4.2, "Annexation and Initial Zoning" , of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: ARTICLE 4.2 ANNEXATION AND INITIAL ZONING Section 4.2.1 Authority for Annexations: The boundaries and corporate limits of the City of Delray Beach now existing may be amended from time to time, as provided by law, to extend to the ultimate municipal boundaries as shown on the Future Land Use Map. (Note: Adapted from Chapter II of the Charter) Section 4.2.2 Requirements: ~~/szlt~~t/~szl/~_y~/ptszlp~t~t/_~~~~~~/~szl/~~~ ftttt I /__t~ /PtszlP~t~t /JI\)4_~ /}6~ /~tp~tt2f)4szl)4_1 A voluntary petition for annexation must be prepared and processed pursuant to 2.4.5(C) with public notice pursuant to 2.4.2(B) (1) (a) (2) and as provided for in Florida Statutes Chapter 171. Non-voluntary annexations must be prepared and, processed pursuant to applicable sections of Florida Statutes Chapter 171. - 3 - Ord. No. 2-95 , . 1 I Section 4.2.3 Zoning: At the time of a voluntary annexation, a zoning designation shall be applied to the property in a manner consistent with the Future Land Use Map and the Comprehensive Plan. To this end, a petition for voluntary annexation shall be processed concurrently with a zoning petition. Notwithstanding the foregoing, under unique circumstances a parcel of land may be annexed with zoning of Agriculture (A) or Open Space (OS) and then be rezoned, at a later date, through the formal rezoning processes for a designation more appropriate to the Future Land Use Map. 1~~t~I//1~t_/t_/_/~~tt~_tt~~ tt~~/17~/~~~1~J/~~t~~/t_~~tt_~/_~~/t~ttt_~/~~~t~g/t~/~_/~t1~/~~~___ ~t~_t~t__ /pt~yt~_~/l With non-voluntary annexations. the current County land use and zoning designations shall remain in effect until adoption of City land use and zoning desiqnations. The application for assignment of City land use or zoning designations may be initiated by the City or the property owner. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 17th day of January , 1995. ATTEST: ~~~ ()L Mm'fTJ!.1' k.1fffj, I!rr 4 City C erk First Reading January 3, 1995 Second Reading January 17, 1995 - 4 - Ord. No. 2-95 . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1'Jt1 SUBJECT: AGENDA ITEM i 1./l.A . - MEETING OF JANUARY 17. 1995 FIRST READING FOR ORDINANCE NO. 6-95/ANNEXATION OF HIGH POINT WEST AND SURROUNDING AREAS DATE: JANUARY 13, 1995 This is first reading for Ordinance No. 6-95 annexing High Point West and surrounding areas to the City. The subject area contains 305.77 acres and extends from the northern limit of High Point West south to the L-34 Canal, west to the E-3 Canal and east to Military Trail. It also includes four properties on the east side of Military Trail located just south of the Post Office. Assuming passage by the City Commission, the ordinance will not become effective until it is approved by a majority of those registered electors voting in the area proposed to be annexed at a referendum election on annexation scheduled for March 14, 1995. As requested at the January 10th workshop, a report is attached which analyzes the impact on the City's utilities operations should we assume maintenance responsibility for the High Point West utility system. The Planning and Zoning Board formally considered this item at a special meeting on January 9, 1995, and voted 5 to 0 to recommend that the annexation be approved by the City Commission. Recommend approval of Ordinance No. 6-95 on first reading. If passed, a public hearing will be held on February 7, 1995. &:a.f6 .A1.COnt/I1U/~ r!dtu; - /ncff JA?~ ~ ~ ..sjfllj9S ~ M &- ~ o.Ll. ~ YJ7 o-I:zO-n td ~ 5-0 ref:agmem024 , FAILED ON FIRST READING - 1/17/95 ORDINANCE NO. 6-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY A COMPACT AND CONTIGUOUS AREA OF UNINCORPORATED LAND GENERALLY EXTENDING FROM THE NORTHERN LIMIT OF HIGH POINT WEST SOUTH TO THE L-34 CANAL, WEST TO THE E-3 CANAL AND EAST TO MILITARY TRAIL, AND INCLUDING FOUR PROPERTIES ON THE EAST SIDE OF MILITARY TRAIL GENERALLY LOCATED SOUTH OF THE UNITED STATES POST OFFICE, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT IIAII TO THIS ORDINANCE; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 14, 1995, WITHIN THE AREA PROPOSED TO BE ANNEXED; DIRECTING THE CITY CLERK OF THE CITY OF DELRAY BEACH TO PUBLISH NOTICE OF THE REFERENDUM ON ANNEXATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, proposes to annex a compact and contiguous parcel of unincorporated land generally extending from the northern limit of High Point West south to the L-34 Canal, west to the E-3 Canal and east to Military Trail, and including four properties on the east side of Military Trail generally located south of the United States Post Office, 'and as more particularly described in Exhibit IIAII which is attached hereto and made a part hereof; and WHEREAS, the annexation of land referred to herein shall be generally referred to as IIHigh Point West and Surrounding Areasll; and WHEREAS, the City Commission of the City of Delray Beach has adhered to the procedures and requirements set forth in Chapter 171 of the Florida Statutes related to municipal annexation; and WHEREAS, the City Commission of the City of Delray Beach has determined that the area proposed for annexation, generally referred to as "High Point West and Surrounding Areas" and as more particularly described in Exhibit "A" attached hereto, meets all of the requirements set forth in Chapter 171 of the Florida Statutes for an area of unincorporated land proposed for annexation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: FAILED ON FIRST READING - 1/17/95 I, I FAILED ON FIRST READING - 1/17/95 Section 1. That the City Commission of the City of Delray Beach, Florida, hereby annexes to the City a compact and contiguous parcel of unincorporated land generally extending from the northern limit of High Point West south to the L-34 Canal, west to the E-3 Canal and east to Military Trail, and including four properties on the east side of Military Trail generally located south of the United States Post Office, and as more particularly described in Exhibit IIAII which is attached hereto and made a part hereof. Section 2. That the land annexed pursuant to this ordinance shall be generally referred to as "High Point West and Surrounding Areas II . Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include the land described in Exhibit "A" attached hereto and made a part hereof, and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That a referendum election on annexation shall I be held on March 14, 1995, within the area proposed to be annexed to determine whether this annexation is approved by a majority of those I registered electors voting in the area proposed to be annexed. This referendum election on annexation shall be called and conducted and the expense thereof paid by the City of De1ray Beach, Florida. Section 5. That this ordinance shall not be effective unless and until the referendum on annexation is approved by a majority of the registered electors voting at the referendum election to be held on March 14, 1995, within the area proposed to be annexed. If a majority of the electors voting upon such question approve the annexation, this ordinance shall become effective ten (10) days after the date of the referendum. If a majority of the electors voting upon such question disapprove the annexation, this ordinance shall be null and void, and the area proposed to be annexed shall not be the subject of an annexation ordinance by the City of Delray Beach for a period of two (2) years from the date of the referendum on annexation. The question to be submitted to the electors at referendum shall be substantially as follows: - 2 - Ord. No. 6-95 FAILED ON FIRST READING - 1/17/95 J FAILED ON FIRST READING - 1/17/95 PROPOSED ANNEXATION OF HIGH POINT WEST AND SURROUNDING AREAS THE CITY OF DELRAY BEACH PASSED ORDINANCE 6-95 FOR THE PURPOSE OF ANNEXING TO THE CITY A COMPACT AND CONTIGUOUS PARCEL OF UNINCORPORATED LAND GENERALLY EXTENDING FROM THE NORTHERN LIMIT OF HIGH POINT WEST SOUTH TO THE L-34 CANAL, WEST TO THE E-3 CANAL, EAST TO MILITARY TRAIL, INCLUDING FOUR PROPERTIES ON THE EAST SIDE OF MILITARY TRAIL LOCATED SOUTH OF THE POST OFFICE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO ORDINANCE 6-95. SHALL THE ABOVE DESCRIBED REFERENDUM ORDINANCE BE ADOPTED? FOR ANNEXATION OF PROPERTY DESCRIBED IN ORDINANCE NO. 6-95 OF THE CITY OF DELRAY BEACH YES AGAINST ANNEXATION OF PROPERTY DESCRIBED IN ORDINANCE NO. 6-95 OF THE CITY OF DELRAY BEACH BO Section 6. That the City Clerk is hereby authorized and directed to publish notice of the referendum on annexation at least once each week for two (2) consecutive weeks immediately preceding the date of the referendum in a newspaper of general circulation in the area in which the referendum is to be held, and to otherwise comply with the requirements of Florida Statutes Section 171.0413, all other applicable Florida Statutes, and the City of Delray Beach Charter and Ordinances pertaining to the conduct of elections and annexations. Section 7. That upon approval of this ordinance by the electors as aforesaid, all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed as of the effective date of this ordinance. Section 8. 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. - 3 - Ord. No. 6-95 FAILED ON FIRST READING - 1/17/95 , ! : FAILED ON FIRST READING - 1/17/95 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 4 - Ord. No. 6-95 FAILED ON FIRST READING - 1/17/95 , , \ EXHIBIT · A. TO ORDINANCE NO. 6-95 DESCRIPTION That part of Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the Southwest corner of the Southeast Quarter (S. E. 1/4) of said Section 14; thence Easterly, along the South line of the said Southeast Quarter (S.E. 1/4) of Section 14, 63.00 feet to the Point of Beginning; thence continue Easterly, along said South line, 606.47 feet to the East line of the West Half (W. 1/2) of the Southwest Quarter (S.W. 1/4) of the Southeast Quarter (S. E. 1/4) of Section 14; thence Northerly, along said East line, 25.00 feet to the South line of Lot 12, BREE ZY ACRES, according to the Plat thereof recorded in Plat Book 20, Page 79, of the Public Records of Palm Beach County, Florida; thence Easterly, along said South line and along the South line of Lot 11 of said Plat of BREEZY ACRES, 669.59 feet to the Southeast corner of said Lot 11; thence Northerly, along the East line of Lots 5 through 11, inclusive, of said Plat of BREEZY ACRES, 844.04 feet to the Northeast corner of said Lot 5; thence Westerly, along the North line of said Lot 5, 300.00 feet to the East line of Markland Lane as shown on the said Plat of BREEZY ACRES; thence Northerly, along the said East line of Markland Lane, 489.6 feet, more or less, to the South right-of-way line of State Road 806 (said South right-of-way line being 60 feet South of and parallel with the Base Line of Survey for State Road 806 as the Base Line of Survey is shown in Road Plat Book 3, Page 26, of the Public Records of Palm Beach County, Florida); thence Westerly, along said South right-of-way line, 977 feet, more or less, to a line 63.00 feet East of and parallel with the West line of Southeast Quarter (S. E. 1/4) of said Section 14; thence Southerly, along said parallel line and along the East right-of-way line of Lake Worth Drainage District's right-of-way for the E-3 Canal, 1362.3 feet, more or less, to the said Point of Beginning. TOGETHER WITH: That part of the Northwest Quarter (N.W. 1/4) of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the Southwest corner of the said Northwest Quarter (N.W. 1/4) of Section 13; thence Northerly, along the West line of said Northwest Quarter (N.W. 1/4) of Section 13, 1046.01 feet to the North line of the South Half (S. 1/2) of the Northwest Quarter (N.W. 1/4) of Page 1 of 3 - Exhibit "A" to Ordinance No. 6-95 I , the Southwest Quarter (S. W. 1/4) of the Northwest Quarter (N.W. 1/4) of said Section 13; thence Easterly, along said North line, 7.52 feet to the East right-of-way line of State Road 809 (Military Trail) and the Point of Beginning; thence continue Easterly, along the said North line of the South Half (S. 1/2) of the Northwest Quarter (N.W. 1/4) of the Southwest Quarter (S. W. 1/4) of the Northwest Quarter (N.W. 1/4) of said Section 13, 664.28 feet to the East line of the said South Half (S. 1/2) of the Northwest Quarter (N.W. 1/4) of the Southwest Quarter (S.W. 1/4) of the Northwest Quarter (N.W. 1/4) of said Section 13; thence Southerly, along said East line, 348.63 feet to the South line of the said South Half (S. 1/2) of the Northwest Quarter (N.W. 1/4) of the Southwest Quarter (S.W. 1/4) of the Northwest Quarter (N.W. 1/4) of said Section 13; thence westerly, along said South line, 300.00 feet to a line 300.00 feet West of and parallel with the said East line of the South Half (S. 1/2) of the Northwest Quarter (N.W. 1/4) of the Southwest Quarter (S.W. 1/4) of the Northwest Quarter (N.W. 1/4) of said Section 13; thence Northerly, along said parallel line, 318.63 feet to a line 30.00 feet South of and parallel with the said North line of the South Half (S. 1/2) of the Northwest Quarter (N.W. 1/4) of the Southwest Quarter (S.W. 1/4) of the Northwest Quarter (N.W. 1/4) of said Section 13; thence Westerly, along said parallel line, 363.77 feet to the said East right-of-way line of State Road 809 (Military Trail); thence Northerly, along said East right-of-way line, 30.00 feet to the said Point of Beginning. TOGETHER WITH: Tha t part of Section 11 and Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows: Commence at the Southeast corner of said Section 14; thence Northerly, along the East line of said Section 14, 1419.99 feet to the centerline of State Road 806 (West Atlantic Avenue); thence Westerly, along said centerline, 11. 57 feet to the centerline of State Road 809 (Military Trail)j thence Northerly, along the said centerline of State Road 809, 60.88 feet; thence Westerly, at right angles, 85.28 feet to the Point of Beginning; thence Northeasterly, 35.55 feet to a point on a line 60.00 feet West of and parallel with the said centerline of State Road 809; thence Northerly, along said parallel line, 2340.16 feet to a point of curvature of a curve concave Easterly with a radius of 10525.40 feet and a central angle of 1 degree 50' 40" ; thence Northerly, along the arc of said curve and along a curve 60.00 feet Westerly of and concentric with the said centerline of State Road 809, 337.79 feet to the South line of the 25 foot right-of-way for McGovern Lane, as shown on the Plat of ROCKLAND PARK recorded in Plat Book 24, Page 23, of the Public Records of Palm Beach County, Florida; thence Page 2 of 3 - Exhibit "A" to Ordinance No. 6-95 , , , Westerly, along said South line and along a line 25.00 feet South of and parallel with the South line of Lots 14 through 26, inclusive, Block 3 of the said Plat of ROCKLAND PARK, 1222.55 feet to a line 25.00 feet West of and parallel with the West line of Lots 13 and 14, Block 3 and the West line of Lot 14, Block 2 of the said Plat of ROCKLAND PARK; thence Northerly, along said parallel line, 420.01 feet to the intersection with the Westerly extension of the North line of Lots 14 through 26, inclusive, Block 2, ROCKLAND PARK; thence Easterly, along said extension and along the North line of Lots 14 through 26, inclusive, Block 2, 1237.03 feet to a point on a curve concave Easterly with a radius of 10525.40 feet and a central angle of o degrees 57' 10"; thence Northerly, along the arc of said curve and along a curve 60.00 feet west of and concentric wit~ the said centerline of State Road 809, 175.02 feet to a point of reverse curvature of a curve concave Westerly with a radius of 10405.40 feet and a central angle of 2 degrees 17' 34"; thence Northerly, along the arc of said curve and along a curve 60.00 feet Westerly of and concentric with the said centerline of State Road 809, 416.37 feet to the North line of the parcel described in Official Record Book 4361, Page 95 of the Public Records of Palm Beach County, Florida; thence Easterly, along the Easterly extension of said North line, 5.16 feet to a line 60.00 feet West of and parallel with the said East line of Section 14; thence Northerly, along said parallel line, 384.48 feet to the North line of said Section 14; thence Northerly I along a line 60.00 feet West of and parallel with the East line of said Section 11, 670.97 feet to the North line of the Plat of HIGH POINT OF DELRAY WEST PLAT NO.3, according to the Plat thereof recorded in Plat Book 42, Pages 180 and 181 of the Public Records of Palm Beach County, Floridaj thence Westerly, along said North line, 2547.71 feet to a line 60.00 feet East of and parallel with the West line of the Southeast Quarter (S.E. 1/4) of said Section llj thence Southerly, along said parallel line, 673.81 feet to the South line of said Section 11; thence continue Southerly, along a line 60.00 feet East of and parallel with the West line of the Northeast Quarter (N.E. 1/4) of said Section 14, 2816.19 feet to the South line of the said Northeast Quarter (N.E. 1/4) of Section 14; thence Easterly, along said South line, 10.00 feet to a line 70.00 feet East of and parallel with the West line of the Southeast Quarter (S.E. 1/4) of said Section 14; thence Southerly, along said parallel line, 1257.63 feet to a line 60.00 feet North of and parallel with the said centerline of State Road 806 (West Atlantic Avenue); thence Easterly along said parallel line, 2510.18 feet to the said Point of Beginning. Page 3 of 3 - Exhibit "A" to Ordinance No. 6-95 ,I L-30 CANAL . .-.-. --.-- a ILl ~ I ~ ~ . ~ i c:J ~ . ~ t; e: ~._._._. ~ ~ . a ~ ~ I ltl . LAKE lOA ROAD IS ~ ~ m -r'-.'" .-. . I . ,..._..J . Iw . Sir 51 I ~ ..._.J ~ ~ . III ... I D > . ~ ~ ~ ! ! ltl ;! 1 ::;) ::a . LawsON BOULEVARD 2 8 ~ ~ ~ u r: ~ '" c: ~ t /. z (._. ~ u '" J, .-.-.-.-.-.-.-.-.-.-.-.--.-.-. l-J8 CANAl CII'Y uwrrs -.-.- LOCATION MAP FOR PROPOSED ANNEXATION AREA J aiLE I I SCALE N --------- PROPOSED CITY UNITS - - CITY or IlD.RAr 8l:N:H, Fl EXISTING CITY L1MIlS AREA 10 BE ANNEXED I'\NtNINC DEPARnIENl -.-.-.-.-.-.- -- DlarAL SIlSl" IIItP SYSTnI __ -- '.....-..-. . ~ MEMORANDUM TO: David T. Harden /1 f" ~ City Manager ~ FROM: Richard C. Hasko, P.E. Deputy Director of Public utilities SUBJECT: HIGHPOINT WEST I, II, III CITY ASSUMPTION OF UTILITIES MAINTENANCE DATE: January 13, 1995 Attached is an outline of staff's analysis of the operational condition of the potable water distribution system and wastewater cOllection/transmission system within sections I, II and III of the Highpoint West Condominium. This analysis was prepared to evaluate the anticipated impacts on the City's Public utilities capital and operations & maintenance budgets in the event the City elects to assume operation and maintenance responsibilities for the systems, and to assist ci ty Commission in consideration of that decision. Public utilities currently maintains 275 miles of water main, 305 miles of sewer main and 114 sewage lift stations as well as all water supply, treatment and storage facilities. Assumption of the Highpoint West systems would add 4.5 miles of water main, 4.8 miles of sewer main and two sewage lift stations to our O&M program. visual inspections of the Highpoint utility systems were conducted by utilities maintenance staff to determine the operational condition of system components and to establish a basis for comparison with the City's existing facilities. Inspection methods included excavation of water mains, closed circuit televising of approximately 1,600 feet of gravity sewer mains, and inspection of lift station facilities including drawdown tests of pumps and testing of electric panels. Results of testing and inspection based upon random inspection methods indicate that the systems are in reasonably good operational condition comparing favorably with existing City facilities. Water mains are cement lined ductile iron pipe and gravity sewers are PVC with precast concrete manhole structures. There is no indication of any significant water main leakage and closed circuit television inspection of sewers indicate a free flowing non-obstructed condition. Inspection of the lift stations revealed the requirement for minor remedial work to ensure reliable and efficient operation. In general, the installations compare favorably with existing City facilities. Capital costs for required system improvements include $130,00.00 for construction of two interconnects as recommended in the City's Water Distribution Master Plan to improve pressure and water quality, and $26,000.00 for installation of telemetry equipment at the two lift stations and performance of minor remedial work. Total Capital cost is estimated at $156,000.00. Since system inspection revealed no unusual O&M conditions, it can be assumed that the City's current cost per unit of each type of facility maintained can be applied to the system components to establish the anticipated increase in O&M expenses. On this basis, annual operation and maintenance cost increases for water distribution, wastewater collection and lift station maintenance are estimated at $10,971.00, $8,606.00, and $20,412.00 respectively for a total of $39,989.00. In addition, revenues will decrease by an estimated $84,400.00 as a result of annexing Highpoint West into the City, thereby eliminating the 25% out of City surcharge for water and sewer service currently billed to Highpoint West. The total annual impact on the O&M budget then, is anticipated to be $124,389.00. This represents an approximate 5.2% increase in composite O&M budgets for Water Distribution, Wastewater Collection and Lift Station Maintenance, and an approximate 1.5% increase in the overall Public utilities Operating budget. On the basis of our findings regarding system operational conditions and anticipated budgetary increases , it is our opinion that assumption of the Highpoint West utility system will have no significant adverse impact on utilities operations. However we recommend detailed inspection of the entire utility system be performed prior to acceptance by the City and the cost of any remedial repair work identified by that inspection be born by the Highpoint West Condominium Association. Should you have any questions or comments in this regard, please contact me at ext. 7303. RCH: jem c: William H. Greenwood Joseph Safford Diane Dominquez f: T/F CM Annexations HIGHPOINT WEST UTILITY SYSTEM ANALYSIS OF CONDITION/O&M COST POTABLE WATER DISTRIBUTION SYSTEM SYSTEM COMPONENTS (Aae of Approximatelv 15 Yrs.} o 24,000'+ of 6" to 10" cement lined ductile iron pipe o 36 Fire hydrants o 33 valves SYSTEM CONDITION o Based on visual inspection (potholing/excavation) of system components and interviews with previous maintenance company, the water distribution system is considered to be in reasonably good condition with no unusual history of main breakage. Most problems experienced have been with service line breaks. System condition compares favorably with existing City facilities. ANTICIPATED CAPITAL COSTS o Installation of two supplemental system interconnections per Water Distribution Master Plan recommendations to improve pressure and water quality. Estimated cost: $130,000.00 ESTIMATED OPERATION & MAINTENANCE COST o Current annual O&M cost/mile of water main: $2438.00 o Length of system addition: 4.5 miles o Estimated O&M increase: 4.5 mi x 2438/mi = $10,971.00 WASTEWATER COLLECTION/TRANSMISSION SYSTEM SYSTEM COMPONENTS (Age of ADDroximatelv 15 Yrs.} o 22,000':1: of 8" gravity sewer (PVC) o 114+ manholes (Precast Concrete) o 3 sewage lift stations (submersible type) o 3,100':1: of 4" to 8" force main SYSTEM CONDITION o Gravitv sewer: Based on visual and closed circuit TV inspection, the gravity sewer system is considered to be in reasonably good condition with no unusual history of breakage or stoppage. Lines are clean with unrestricted flow. Manholes are in good condition. No indication of significant Inflow or Infiltration. System compares favorably with existing city facilities. o Lift stations: One of the three lift stations is currently maintained by the City. The remaining two stations have been inspected by utilities Maintenance personnel and have been found to be in reasonably good condition but in need of cleaning and upgrading of some facility components. Condition of facilities is comparable to existing City Lift stations. o Anticipated Capital Costs o Installation of Telemetry for remote monitoring @ $8,000-/L.S.: $16,000.00 o Replacement of gate valves & check valves (both stations): $ 7,600.00 o Upgrading of electrical panels for emergency generator connections: $ 2.400.00 o Total cost: $26,000.00 o Estimated O&M Increase o Current annual O&M Cost/mile of sewer main: $1,793.00 o Length of system addition - 4.8 mi. o Estimated O&M increase: $8,606.00 o Current annual O&K cost/L.S.: $10,206.00 o Add'l Facilities: 2 o Estimated O&M Increase: $20.412.00 o Total Wastewater system O&M increase: $29,018.00 COST SUKKARY CAPITAL IMPROVEMENTS (ONE TIME COSTS) o Water Distribution $130,000.00 o Wastewater Collection/Trans. $26,000.00 o Total Capital Impact $156.000.00 OPERATION & MAINTENANCE (ANNUAL COST) o Water Distribution $10,971.00 o Wastewater Collection/Trans. $29.018.00 o Total O&M Increase $39,989.00 o Revenue Decrease $84,400.00 o Total O&M Impact $124.389.00 o Net impact on divisional O&M Budget 5.2% Increase o Net impact on Public utilities O&M Budget 1.5% Increase PRELIMINARY INSPECTION REPORT HIGH POINT LIFT STATIONS 84D AND 84E 1/12/95 . LIFT STATION 84D General Electrical Notes: Main Breaker: 50 amps Pump Breakers: 30 amps Pump #1 Amperage: 12.8, 14.3, 14.1 Pump #2 Amperage: 13.2, 14.8, 15.1 Starters: Furnace Station has generator plug, but has no emergency breakers or provisions for installation. Pressure Readings: The line was tapped and a pressure gauge was installed. There was no pressure in the force main while drilling/tapping. The pressure with both pumps running is 10 psi. Hour Meters: Pump #1 is 1,000 hours Pump #2 is 269 hours Valve Box: Station needs three new 4" gate ~g'~~ valves and two new check valves. Electrical: Estimated upgrades would require two new starters, and provisions for generator. Estimated cost $1,000.00. Telemetry: Station would require telemetry estimated cost $8,000.00. . LIFT STATION 84E General Electrical Notes: Main Breaker: 50 amps Pump Breakers: 30 amps Pump #1 Amperage: 8.5, 9.6, 8.6 Pump 12 Amperage: 12.2, 13.2, 12.3 Starters: Square D Station needs generator plug and all necessary electrical provisions. Pressure Readings: The line was tapped and a pressure gauge was installed. There was no pressure in the force main while drilling/tapping. The pressure with both pumps running is 8 psi. Hour Meters: Pump #1 is 2,380 hours Pump #2 is 1,981 hours Valve Box: Station needs three new 4" gate ~~tJO P.ft. valves and two new check valves. Electrical: Estimated upgrades would require a new disconnect, provisions for the generator and repairing existing control cabinet. Estimated Cost $1,400.00. Telemetry: Station would require telemetry estimated cost $8,000.00. Noticeable Problems: Rails are broken, possible broken concrete around invert, shrubbery conceals FPL meter and wet well is full of debris. - . PRESENT MAINTENANCE Management Company Mr. Cittadino 407-279-0555 Maintenance Contract Paul Baker 305-781-8446 cgcp.doc T""'" '. i "'~" - . :".. T *'__.._--..4...... .. ,~_._------- . . )'-l. . ',.. \, . ".. '. . . .. . CITY OF DELRAY BEACH - ENVIRONMENTAL 'SERVICES DEPARTMENT . TV INSPECTION HARDCOPY _____ a. _'..".__ ._. .~_.__.__a. _ ____ REPORT DATE 01/12/95 1:15 PM REQUESTED BY FRANK HOUSTON . REPORT NO. CR3351V1 PAGE 1 MANHOLE NUMBERS 084C-0.7., ..1.'0. Q84C-0~4 -.-, UPS ADDRESS 14325 HIGH POINT LAKE TR S QUAL ENTRANCE DWN ADDRESS HIGH 'pOINT LAKE TR S QUAL AREA LIFT STATION BASIN #84C LOCATION EASEMENT, GOOD ACCESS SURFACE OPEN AREA . . . PIPE TYPE POLYVINYLCHLORIDE PIPE PROJECT HIGH POINT PIPE WIDTH/DIAM. ,8 ~.OO PIPE DETER N JOB NUMBER SECTION -1 REVERSE SET'UP .. . N SKETCH N TV DATE 01/12/95 I LENGTH 313 PRIOR HISTORY N OPERATOR 426 UPS DEPTH 9.4 CONDITION RATINGS: WEATHER CLEAR OWN DEPTH 10.0 STRUCTURAL 0 VTR FORMAT VHS ,.. JOINT LENGTH 13 1/1 0 TAPE NUMBER 001 . FLOW DEPTH 0.4 ROOT 0 VTR INDEX 000000 TO OOaOOO MAIN LINE 0 SUMMARY: MAINLINE LOOKSiOOD.MANHOLECONE-BROKEN. CRACKED. RECOMMENDATIONS: .. FOOTAGE VTR CLOCK PICTURE READING LOC POS DESCRIPTION NUMBER . '.- p.." -. _.....-..... ~-,......~... .... . s-. _-~-__'... ,.-__. ......,. ~_'''.e''.- _.'_ ................_... .... .-..~-- -....- .-- - -.-. ....... -...... - . ....----...--.....--. U 0.0 0 . & COMMENTS: MANHOLE #047 U 28.0 0 AL~GNMENT. BEGIN BELLY IN PIPE U 37.0 0 AL GNMENT END OF BELLY U 81.0 0 ALIGNMENT. "~~': ~BEGIN BELLY IN PIPE. U 85.0 0 ALIGNMENT . .: END OF BELLY U 220.0 0 ALIGNMENT BEGIN BELLY IN PIPE U 313.0 0 ALIGNMENT END OF BELLY COMMENTS: MANHOLE #044 , , ,'. , . . . ._. a ~ .. . . I ~. ~. -'-... . -- ~ - ',-, -.' . ;:) . --- --- ~ . .~__. u__ "._.....__.....~ . . .- ..- ...- -- -- ~ - - -- . _..~_______.__. .__ I CITY OF DELRAY BEACH - ENVIRONMENTAL SERVICES DEPARTMENT . TV INSPECTION HARDCOPY REPORT DATE 01/12/95 1:59 PM - - - - REQUESTED BY FRANK-HOOS'l'ON REPORT NO. CR3351Vl PAGE 1 MANHOLE NUMBERS 084C-046 TO 084C-044 UPS ADDRESS 14308 HIGH POINT.LAKE TR S QUAL LOCATED IN GRASS DWN ADDRESS HIGH ~OINTLAKE TR S QUAL AREA LIFT STATION BASIN t84C . LOCATION EASEMENT, POOR ACCESS SURFACE OPEN AREA PIPE TYPE POLYVINYLCHLORIDE PIPE PROJECT HIGH POINT PIPE WIDTH/DIAM 8.00 PIPE DETER N JOB NUMBER SECTION -1 t REVERSE SET UP Y SKETCH N TV DATE 01/12/95 LENGTH 277 PRIOR HISTORY N OPERATOR 426 . UPS DEPTH 4.0 CONDITION RATINGS: . WEATHER CLEAR . DWN DEPTH 10.0 STRUCTURAL 0 I VTR FORMAT VHS JOINT LENGTH 0 1/1 0 TAPE NUMBER 001 FLOW DEPTH 0.0 ROOT 0 VTR INDEX 000000 TO 000000 MAIN LINE 0 SUMMARY: DROPMANHOLE LobKS OK. UPSTERAM MANHOLE ACCESSIBLE HARD TO GET TO. ".. ...... .....-. " .' . RECOMMENDATIONS: . ..... FOOTAGE VTR CLOCK PICTURE READING LOC POS DESCRIPTION NUMBER ... ... --... .--.-.-". -. -.- ---- --- -_.'- _.- . .,- --- U 0.0 0 ALIGNMENT - . . BEGIN BELLY IN PIPE COMMENTS: MANHOLE #004 HOLDING WATER U 21.0 0 ALIGNMENT END OF BELLY U 105.0 3 LATERAL FACTORY SERVICE U 130.0 9 LATERAL _FACTORY SERVICE U 216.5 3 LATERAL FACTORY SERVICE U 229.0 9 LATERAL FACTORY SERVICE U 264.0 3 LATERAL FACTORY SERVICE U 277.0 0 COMMENTS: MANHOLE #046 .. .... . -, ; of--J-'::' \ ; ;~(~ '. . . . . , li!: . . , .- .. ..- .- ~ . 1>>; e\ CITY OF DELRAY BEACH - ENVIRONMENTAL SERVICES DEPARTMENT , TV INSPECTION HARDCOPY REPORT DATE 01/12/95 1:59 PM REQUESTED BY FRANK HOUSTON _ REPORT NO. CR3351V1 PAGE 1 . MANHOLE NUMBERS OB4C-045 TO 084C-044 '. UPS ADDRESS 14329 HIGH POINT LAKE TR S QUAL NEXT TO PALM IN GRSS DWN-ADDRESS HIGH POINT LAKE TR S QUAL AREA LIFT STATION BASIN t84C LOCATION EASEMENT, POOR ACCESS SURFACE OPEN AREA PIPE TYPE POLYVINYLCHLORIDE PIPE PROJECT HIGH POINT PIPE WIDTH/DIAM 8.00 PIPE DETER N JOB NUMBER SECTION -1 t. REVERSE SET UP Y SKETCH N it TV DATE 01/12/95 LENGTH 292 PRIOR HISTORY N OPERATOR 426 UPS DEPTH 3.6 CONDITION RATINGS: WEATHER CLEAR . DWN DEPTH 10.0 STRUCTURAL 0 VTR FORMAT VHS JOINT LENGTH 13 1/1 0 TAPE NUMBER 001 FLOW DEPTH 0.2 ROOT 0 VTR INDEX 000000 TO 000000 MAIN LINE 0 SUMMARY: RECOMMENDATIONS: ~ FOOTAGE VTR CLOCK PICTURE READING LOC POS DESCRIPTION NUMBER .. e.. .._ . _ _ .. ~.... _. - .. _. --- .. ..- -~- ,._,w. _ _ .... .... M U 0.0 0 . COMMENTS: MANHOLE #044 U 41.0 9 LAT.ERAL FACTORY SERVICE U 42.0 3 LATERAL FACTORY SERVICE U 229.0 3 LATERAL ,'. . FACTORY SERVICE U 275.0 3 LATERAL FACTORY SERVICE U 292.0 0 COMMENTS: MANHOLE #045 -- - . \' (~. . -- . ','" .. . - .-. .. ",. .- . .... .. ,I., . .. -..... I .. ",-. CITY OF DELRAY BEACH - ENVIRONMENTAL SERVICES DEPARTMENT . TV INSPECTION HARDCOPY REPORT DATE 01/12/95 2:00 PM REQUESTED BY FRANK HOUSTON REPORT NO. CR3351V1 \ PAGE 1 MANHOLE NUMBERS 084C-070 TO 084C-068 UPS ADDRESS 14180 APT -C SW QUAL BEHIND HEDGES DWN ADDRESS HIGH POINT WEST PHASE 3 QUAL AREA LIFT STATION BASIN f84C LOCATION EASEMENT, POOR ACCESS SURFACE ASPHALT STREET PIPE TYPE POLYVINYLCHLORIDE PIPE PROJECT HIGH POINT PIPE WIDTH/DIAM 8.00 PIPE DETER N JOB NUMBER SECTION-3 REVERSE SET UP Y SKETCH N TV DATE 01/12/95 - LENGTH 196 PRIOR HISTORY N OPERATOR 426 ; UPS DEPTH 3.0 CONDITION RATINGS: WEATHER - .~ CLEAif.....---.. I~- -.... ~D'WN- DE'P'ifH '-'''---3";1---'--' ~. . -"'STRUCTURAL 0 VTR FORMAT VHS · JOINT LENGTH 13 1/1 0 TAPE NUMBER 001 FLOW DEPTH 0.0 ROOT 0 VTR INDEX 000000 TO 000000 MAIN LINE 0 SUMMARY: RECOMMENDATIONS: FOOTAGE VTR CLOCK PICTURE READING LOC POS DESCRIPTION NUMBER .. _ ._~, __. ..__ _____ L__ - - . .- -'" ,-. -- .._. h._.~. ..___ U 0.0 0 COMMENTS: MANHOLE 1068 U 90.0 9 LATERAL FACTORY SERVICE U 188.5 9 LATERAL FACTORY SERVICE U 191.0 9 LATERAL :FACTORY SERVICE U 196.0 0 COMMENTS: MANHOLE 1070 " . , - ~ -. '; . ~ '. '" ".. q', -. ........, .1'." ." , .- . .' . . , , ."; .. '. '. . :. CITY OF DELRAY BEACH - ENVIRONMENTAL SERVICES DEPARTMENT TV INSPECTION HARDCOPY REPORT DATE 01/12/95 2:00 PM REQUESTED BY FRANK HOUSTON REPORT NO. CR3351V1 PAGE 1 MANHOLE NUMBERS 084C-069 TO 084C-068 UPS ADDRESS 14180 SW QUAL DWN ADDRESS HIGH fOINT WEST PHASE 3 QUAL AREA LIFT STATION BA~.N #84C LOCATION EASEMENT, POOR ACCESS SURFACE OPEN AREA . . .' PIPE TYPE POLYVINYLCHLORIDE PIPE PROJECT HIGH POINT , PIPE WIDTH/DIAM 8.00 PIPE DETER N JOB NUMBER SECTION-2 REVERSE SET UP Y SKETCH N TV DATE 01/12/95 LENGTH 215 PRIOR HISTORY N OPERATOlt - -426" ----...--- ~--.'- --....---..-UPS..DEP'TH '''" ..-----.~. ..-..... CONDITIOW- RA'TINGS: WEATHER CLEAR DWN DEPTH 3.4 STRUCTURAL 0 VTR FORMAT VHS JOINT LENGTH 13 1/1 0 TAPE NUMBER 001 . FLOW DEPTH 0.0 ROOT 0 VTR INDEX 000000 TO 000000 MAIN LINE 0 SUMMARY: . RECOMMENDATIONS: FOOTAGE VTR CLOCK " PICTURE READING LOC POS r DESCRIPTION NUMBER . .. -.-...- _.. ~ -- - ._. - - - .- ...... _._0.. U 0.0 0 J: COMMENTS: MANHOLE #069 - - - . U 26.0 3 LATERAL FACTORY SERVICE U 120.0 0 ALIGNMENT BEGIN BELLY IN PIPE U 127.0 O' ALIGNMENT END OF BELLY U 136.5 3 LATERAL FACTORY SERVICE U 139.0 9 LATERAL FACTORY SERVICE U 201. 0 9 LATERAL FACTORY SERVICE U 203.0 3 LATERAL FACTORY SERVICE U 215.0 0 COMMENTS: MANHOLE #069 , / . .... .. . - - -~. ' . . ...:..' '. - ~ .... -. , ., . ....... , .~~~;. .~ . to- ( ~. " I' 'f' -... - c . CITY OF DELRAY BEACH - ENVIRONMENTAL SERVICES DEPARTMENT TV INSPECTION HARDCOPY REPORT DATE 01/12/95 2:16 PM REQUESTED BY FRANK HOUSTON REPORT NO. CR3351V1 PAGE 1 MANHOLE NUMBERS 084D-023 TO 084D-020 UPS ADDRESS 14504 HIGH POINT WEST PHSAE 2 SW QUAL DWN ADDRESS HIGH POINT WEST PHASE 2 QUAL AREA LIFT STATION BASIN #84D LOCATION EASEMENT, POOR ACCESS SURFACE OPEN AREA PIPE TYPE POLYVINYLCHLORIDE PIPE PROJECT HIGH POINT PIPE WIDTH/DIAM 8.00 PIPE DETER N JOB NUMBER SECTION -2 REVERSE SET UP N SKETCH N TV DATE 01/12/95 LENGTH 180 PRIOR HISTORY N OPERATOR 426 UPS DEPTH 3.7 CONDITION RATINGS: WEATHER CLEAR \ DWN DEPTH 0.0 STRUCTURAL 0 VTR FORMAT VHS JOINT LENGTH 0 1/1 0 TAPE NUMBER 001 fLOW DEPTH 0.0 ROOT 0 VTR INDEX 000000 TO 001000 MAIN LINE 0 SUMMARY: RECOMMENDATIONS: '/,' ), FOOTAGE VTR CLOCK I , PICTURE READING LOC POS ~. DESCRIPTION NUMBER .. _.-. ..- .-. --- .. - -- .. - "._--._- Ir-' ~_______u - . - . .~. .~u ..... .~. - U 0.0 0 COMMENTS: MANHOLE 020 -.'~',. ,", U 94.5 0 " COMMENTS: GASH IN PIPE POSSIBLE WATER INFILTRATION AT SOMETIME. U 96.5 3 LATERAL .., '~, FACTORY SERVICE U 162.0 3 LATERAL ~ .'. FACTORY SERVICE U 165.0 9 LATERAL FACTORY SERVICE U 180.0 0 . COMMENTS: MANHOLE #023 t . . . .'. -. ~ ."-' . - ",-'. ~ -' ~~ . ... ,,- . -, c< .-."' f I . .' c ~ --.: " " CITY OF DELRAY BEACH - ENVIRONMENTAL SERVICES DEPARTMENT TV INSPECTION HARDCOPY REPORT DATE 01/12/95 2:16 PM REQUESTED BY FRANK HOUSTON REPORT NO. CR3351Vl PAGE 1 MANHOLE NUMBERS 084D-025 TO 084D-020 UPS ADDRESS 14658 HIGH POINT WEST PHASE 2 SW QUAL DWN ADDRESS HIGH POINT WEST PHASE 2 QUAL AREA LIFT STATION BASIN #84D LOCATION EASEMENT, POOR ACCESS SURFACE OPEN AREA PIPE TYPE POLYVINYLCHLORIDE PIPE PROJECT HIGH POINT PIPE WIDTH/DIAM 8.00 PIPE DETER N JOB NUMBER SECTION -2 REVERSE SET UP N SKETCH N TV DATE 01/12/95 LENGTH 193 PRIOR HISTORY N OPERATOR 426 .t: UPS DEPTH 3.9 CONDITION RATINGS: WEATHER CLEAR .. DWN DEPTH 0.0 STRUCTURAL 4 VTR FORMAT VHS JOINT LENGTH 0 I/I 0 TAPE NUMBER 001 FLOW DEPTH 0.0 ROOT 0 VTR INDEX 000000 TO 000000 MAIN LINE 2 SUMMARY: , . .~..,. '- . . ..... . ."- ... . - .. RECOMMENDATIONS: FOOTAGE VTR CLOCK .., PICTURE . READING LOC POS DESCRIPTION NUMBER .---....-- .- .-- -".,. ..- .~. -.-. - --_. - -...,._.~ --- .... --.- .-. ... -~ .---- - - ,..... U 0.0 0 COMMENTS: MANHOLE #020 U 29.0 0 COMMENTS: DENT IN PIPE !- U 148.0 0 MISALIGNED JOINT DRP JT.>. 90% CLEAR U 167.0 3 LATERAL FACTORY SERVICE U 193.0 0 COMMENTS: MANHOLE #025 . .- -. . . .-. .~ ~ -- "-",. ".' :~. ;," . ".':'; ..:..... :.. . -"",",:"',-'-"'. .. .,. .--. . - . . ,..... .~ -.. . .... '- ;.- '. ..... .- '. . .. . . .'. . . (I< rfJ11 I C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: ~~~ ~~ OF PLANN~ & ZONING FROM: PAUL DORL~CIPAL PLANNER SUBJECT: REGULAR MEETING OF JANUARY 17, 1995 FIRST READING OF ORDINANCE NO. t, -95 - ANNEXING HIGH POINT WEST AND SURROUNDING AREAS. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance annexing High Point West and surrounding areas. The subject annexation area is 305.77 acres and extends from the northern limit of High Point West south to the L-34 canal, west to the E-3 canal and east to Military Trail including four properties on the east side of Military Trail south of the post office (see Exhibit A). BACKGROUND: At the workshop meeting of October 11, 1994, the City Commission discussed the reserve annexation area that is west of Military Trail. This area includes High Point West, Country Club Acres, Marketplace of Delray, numerous vacant parcels, and several other individual commercial and residential structures. The outcome of the discussion was direction to proceed in a timely manner with the annexation of those areas as provided for in Florida Statutes. The appropriate means available in the Florida Statutes for an overall annexation of such a large, diverse area is by referendum. The proposed referendum boundaries include those areas that already have services, as well as some adjacent vacant parcels that will receive services as development occurs. The areas to be included are listed as #4, #5, and #7 in Future Land Use Element Policy B-3. 4 of the City's Comprehensive Plan. The area contains a total of 305.77 acres, including 171.67 acres of multi-family (High Point West), 26.11 acres of developed single family residential, 13.07 acres of vacant residential, 49.03 acres of developed commercial, 33.49 acres of vacant potential residential/commercial mix, and 12.40 acres of canals and roads. The estimated total population in the annexation area is 1,581 persons. If passed on first reading the second and final reading of the ordinance would occur on February 7, 1995. Florida Statute requires passage of an ordinance by City Commission a minimum of 30 days prior to the holding of the referendum. The referendum is scheduled for March 14, 1995. PLANNING AND ZONING BOARD CONSIDERATION: At a special meeting on January 9th, 1995 the Planning and Zoning Board reviewed the Urban Services Report and provided a recommendation on the annexation of High Point West and surrounding areas. The Board voted 5-0 (Golder and Bonardi absent) to recommend approval by City Commission of the annexation. RECOMMENDED ACTION: By motion, approve Ordinance No. 0-95 on first reading. . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtJ;v1 SUBJECT: AGENDA ITEM it I:. 13 - MEETING OF JANUARY 17. 1995 FIRST READING FOR ORDINANCE NO. 7-95/BOAT STORAGE PERMIT UE DATE: JANUARY 12, 1995 This is first reading for Ordinance No. 7-95 which amends Section 101.35(F) of the City Code by increasing the permit fee for boat storage on the municipal beach. The proposed fee is $300.00, plus tax. The increase is presented in response to direction received from the Commission at the January 10th workshop. The Director of Parks and Recreation also recommends the increased fee. Recommend approval of Ordinance No. 7-95 on first reading. If passed, a public hearing will be held on February 7, 1995. p~ 6-0 ref:agmemo19 I I , ) ORDINANCE NO. 7-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 101.35, · STORING BOATS" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 101.35(F) TO PROVIDE FOR AN INCREASE IN THE PERMIT FEE FOR BOAT STORAGE ON THE MUNICIPAL BEACH; PROV!DING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 101.35 of the City Code, permits for boat storage on the municipal beach are issued by the City of Delray Beach; and WHEREAS, a fee is required to be submitted with the application for a boat storage permit; and WHEREAS, the permi t fee for boat storage on the municipal beach has not been increased since 1989; and WHEREAS, the City Commission deems it to be in the public interest to increase the fee for a boat storage permit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches, and Recreation" , Section 101.35, "Storing Boats", Subsection 101.35(F), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) The permit fee to be submitted with the application shall be $1111'9 8300.00. plus applicable taxes. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. , , I Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading I - 2 - Ord. No. 7-95 ._,- M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [If/vi SUBJECT: AGENDA ITEM i I'" .e . - MEETING OF JANUARY 17. 1995 FIRST READING FOR ORDINANCE NO. 8-95/DESIGNATION OF SOLOMON DAVID SPADY HOUSE AS LOCAL HISTORIC SITE DATE: JANUARY 12, 1995 This is first reading for Ordinance No. 8-95 which designates the Solomon David Spady House located at 170 N.W. 5th Avenue as a local historic site and adds it to the Local Register of Historic Places. The property consists of a single family home which was constructed in 1926 and remains a good example of the Mission Revival style of architecture as built in Delray Beach in the 1920s. The house is associated with Delray's most prominent black educator and community leader from 1923 to 1956, Solomon David Spady, and is an important landmark to the identity of the community. The Historic Preservation Board conducted a public hearing on this matter on December 7, 1994, at which time the Board voted 6 to 0 to recommend the designation of the Solomon David Spady House as a local historic site. Recommend approval of Ordinance No. 8-95 on first reading. If passed, a public hearing will be held on February 7, 1995. ~1-0 ref:agmemo17 I I ) ORDINANCE NO. 8-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SOLOMON DAVID SPADY HOUSE, LOCATED AT 170 N.W. 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE II ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, Douglas T. Williams, as duly authorized agent, has nominated the property described herein to be designated as a local historic site; and WHEREAS, a designation report was prepared concerning the designation of the property located at 170 N.W. 5th Avenue to the ) Local Register of Historic Places; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on December 7, 1994, the Historic Preservation Board of the City of Delray Beach recommended that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: The Solomon David Spady House, located at 170 N.W. 5th Avenue, Delray Beach, Florida; more particularly I described as follows: 1 1 Lots 5 and 6 and the North 26.25 feet of Lot 7, MELVIN BURD'S SUBDIVISION OF THE N1/2 OF BLOCK 19 SHOWN ON MAP OF TOWN OF LINTON, as recorded in Plat Book 11 at Page 73 of the Public Records of Palm Beach County, Florida. 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 show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effecti Vf>" immediately upon passage on second and final reading. I PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 8-95 - _I r II -1~ II. ~ ~t-.. ,......J ..... --I I-- I~: r- -1 r .....J --' t=-, 1--1-, IL-J ~ _ 1_ l~ I I 1-,......, I--Il _ _ T11- I- I t--I - 'J t-L.. _. L-- ..!;. 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J - _ .... 10 l/.JJJ.j,1 _ I ~ r I~ _ < I , h frlT JJ-mmmm __~ J . -== =- _"" I : I 1 lW.lIJ!!!!! _ _ _ ~ -~ I-- ~ ~t e- - ~= I IL-l ~ - '-- 0-- - I fi _ S1. 1 <~ - -- - - ~ ~ - 0-- - _r nTI1llITl I-- - r- - t- "--] I-- ....J - -, .ill1J I f-- ~ - -- I--- _ _ ", _ Iml I-- t-- I L IL- l-- __ l===l I ----l - r- t-- --' oc-, r 1 I ~ - -::::: 0- I c:: 't.= 'In" _ r- ---I -~, ~ .1- - r I r I ~~ I--- I--- ~ - 1.1= "'-J h~1 1 --I II-- '- r- -I"''''' _ t-- I r-, -a~ . _ ] -<. - -' ~ ....=;::... 1- ~ 1--::. >-- ,l_ r- e- _ ~ I -..--- I- _ _... _ .. >-- - , .~ . .. 1:1 r- r .- - 5TH AVENUE crrr or IIO.AA T KIo.O\, ~ I WJ> .n'S7O/' I -- ~ e4Sl" - fA C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HAR CITY MANAGER ~~G THRU: DEPARTMENT OF FROM: PAT CAYCE~ HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF JANUARY 17, 1995 FIRST READING OF AN ORDINANCE DESIGNATING THE SOLOMON D. SPADY HOUSE, 170 N.W. 5TH AVENUE, TO THE LOCAL REGISTER OF HISTORIC PLACES. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance designating a property as a local historic site. The property consists of a single family residence constructed in 1926 and located at 170 N.W. 5th Avenue. The legal description of the property is Block 19, Lots 5 and 6 and the north 26.25 feet of Lot 7. B A C K G R 0 U N D: The building was constructed in 1926, the architect and principal contractor are unknown. The structure is a good example of the Mission Revival style of architecture as built in Delray Beach in the 1920's. It embodies most of the major features representative of the style and has not been altered to a major degree. The Spady House has a high threshold of cultural significance. It is associated with the 33 year career of Delray's most prominent black educator and community leader from 1923 to 1956. It is important to the identity of the neighborhood to recognize this site and to make the community aware of its existence. It is appropriate that this building be listed on the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. The request for designation is being made by Douglas T. Williams who has power attorney from the owner, Agnes Munnings. City Commission Documentation Meeting of January 17, 1995 ~~- Designation of a Local Historic Building Page 2 HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board formally reviewed the designation report at its meeting of November 2, 1994 and made positive findings to LDR Section 4.5.1(B),(2)(d) & (e) and 4.5.1(B)(2)(d) and (e) and 4.5.1(B)(3)(a) and (b) , Criteria for Desiqnation of Historic Sites or Districts, and set a date for a Public Hearing to allow the public to comment on the designation. Pursuant to Section 4.5.1(C) Desiqnation Procedures, the Public Hearing was held on December 7, 1994. The Board voted 6-0 to recommend that the City Commission approve the ordinance designating the Spady House as a Local Historic Site. R E COM MEN D E D ACT ION: By motion, approve on first reading the ordinance designating the Solomon D. Spady House, 170 N.W. 5th Avenue (Block 19, Lots 5 and 6 and the north 26.25 feet of Lot 7) to the Local Register of Historic Places. Attachment: * Letter of approval for designation from Douglas T. Williams. * Designation Report. fi1e/y:spady-3 .. . - TO: Historic Preservation Board DATE: October 18, 1994 Delray Beach FROM: Douglas T. Williams ~ _ _v...:> . RE: Historic Designation of the Spady House The Spady House is rich in the heritage of Delray Beach. It was the home of the first full-time black teacher/principal of the first "colored" school in Delray Beach. The Mediterranean-style stucco was among the nicest in the city. I would like to preserve the character of this building and the history it conveys. I am, therefore asking the Historical Preservation Board to present this house, 170 N.W. 5 Avenue, Delray Beach, to the city commission for consideration of being designated to the Local Register as an historical site. .. , DES I G N A T ION R E P 0 R T HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA ----- --.- -"~..=._~..- II -.- _.~..- -.' r-, .' :-.,~.. ,-.. A .." ."~':F'~,):~~'~f,< ~; ~-""t::~:"";:'.-'--'.::: "-.'~ ~.~~:;: .r:1 "' .~~,; ",; ':- 4 , i . THE SOLOMON DAVID SPADY HOUSE 170 N.W. 5TH AVENUE CONSTRUCTED 1926 Designation Report 170 N.W. 5th Avenue Page 2 -~._- ,,- DESIGNATION REPORT: 170 N.W. 5TH AVENUE TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. ARCHITECTURAL INFORMATION IV. HISTORICAL INFORMATION V. STATEMENT OF SIGNIFICANCE VI. BIBLIOGRAPHY AND SOURCES VII. PHOTOGRAPHY Report prepared October 1994 by Vera Farrington, Delray ,Beach Historic Preservation Board Member and Patricia Cayce, Historic Preservation Planner, City of Delray Beach. Designation Report 170 N.W. 5th Avenue pagg- 3 I. GENERAL INFORMATION Location: 170 N.W. 5th Avenue, Delray Beach, Palm Beach County, Florida Date of Construction: 1926 Architect: Unknown Builder: Unknown Present Owner: Douglas T. Williams, 118 N.W. 8th Avenue, Delray Beach FL 33444. Present Use: Residential Present Zoning: GC General Commercial Legal Description: Lots 5 & 6 and the N. 26.25' of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida Property Control Number: 12 43 46 16 01 019 0050 Classification for Designation: Architectural significance, good example of Mission Revival style. Cultural Significance, home of S.D. Spady, prominent black educator. . Designation Report 170 N.W. 5th Avenue Page 4 II. MAP lIT] I-- II I I II :~ r f--- ~ II I I II f-- II J I II N.W. J'l.::l ST. .. - ._- r U I 11 LL~. ..--- ~ - I-- ~ .- ~I-- f--- I-- ~~ "'~ ~< ~- I-- - <~ f-- - f--- - f-- - I-- - ~ ~- - f-- '-- - ,-.-- - f-- f-- - - '--- - i--- :- - - :- - - I ~II t " II Tr IT i- ,- Now. 2"0 - ST, ~ , J I Ie J -'II I I I -' II, 0 1/ If I I 2- - } '" ~' .- - r-- - '- ~ ,- c--- - T jE - - co " ... 3i f-- =.- I------- Z /---- II I T1 ==IT L /----, I f-- !l.W. L-- ~~mm ill1J] ,,, 't .-- ~. ~ -1--- ~~ g~~iie-e-~=~~~ ~ '-- - [II .. I I DlIJ] ~ tr ATLANTIC AVENUE j.. - L I IlflT ~DJJJ~= I I I-- \Ii r.-L- . ~ - t- i----- ~ < I--- 0( I--- I-- I--- f-- f- '$ f-- I--- - 0(_ 10- ~ I--- - I- - - - 0 - - - ~ ~ - - !!i - - 151 S.w. 151 st. l--- F II 1111 ;!/I .... ~ I-- I- '" ~ '" I--- - '-- I-- - - I-- ~ " [ ~.I 170 . "-- - - - - J N.W. 5TH AVENUE a1Y OF llQJU r KAO(, A. -- /WTW. &4SC ""'" $I'S7DI - Designation Report 170 N.W. 5th Avenue Page 5 III. Architectural Information -~_.~- This building is a good example of the simplified Mission Revival style which was popular throughout the City in both commercial and residential buildings during the 1920s. The Mission style is distinguished by its simplicity of design and ornamentation. The prominent features of the style include the following: Roofs: Predominantly flat roofs concealed with a parapet. If gables are combined with a flat roof the gables are covered with terra cotta tiles. The parapets generally are bell curved with curved elevations at the corners. Roof scuppers (drain tiles) are set within the parapet walls. Porches: A front porch is characteristic of the style, often extending the full length of the facade. Open balconies are commonly found above the porch on a two story structure. Walls: Construction is either hollow clay tile or frame, finished with rough or smooth stucco. Windows: Either casement or sash or a combination, usually multi-paned. Chimney: Usually project from the wall. Chimney tops often have bell tower shape. The Spady House incorporates many of the classic features of the Mission Revival style. It was constructed about 1925 and was completed prior to July 1926 as it is included on the July 1926 Sanborn map which is attached. Built as a single family residence, it is a two story rectangular building of stucco over frame construction set on a stone foundation. It has a flat roof concealed by a decorative parapet. Constructed as an 8 room house, it had 4 rooms on each floor and an 8' by 18' porch across the front facade. The roof of the porch is flat and is also concealed by a parapet which matches that on the primary roof. The original window openings remain, though some have been altered in size to accommodate standard factory built windows. All of the original sash or casement wood windows have been replaced with aluminum awning windows. The openings of the original screen porch have been enclosed with aluminum windows. The chimney projects from the south facade wall and is capped wi th a bell tower covering. Drain tile sucppers are set into the parapet walls. A 12' x 18' garage was constructed in conjunction with the house. It was free-standing, probably stucco over frame construction with a flat roof and Mission parapet. It has been demolished and replaced with the existing garage. Designation Report 170 N.W. 5th Avenue Page 6 - IV. Historical Information The street address of the property is 170 N.W. 5th Avenue, formerly N. Blackmer Street. The property is legally described as Lots 5, 6 and the N. 26.25 feet of Lot 7, Melvin S. Burd Subdivision of the North Half of Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. Block 19 was not subdivided into lots when the Town of Linton was platted in 1895. In September of 1915 Melvin S. Burd, of Burd's Produce Co., shipper of fruit and vegetables, subdivided and platted lots on the north half of Block 19 but the subdivision was not recorded in the Palm Beach County Plat Book until April, 1925. This would indicate that construction on the north half of the block did not occur prior to 1925. The Spady House is located on the west side of N.W. 5th Avenue, a block and a half from W. Atlantic Avenue. Solomon David Spady's activities as an educator and black community leader were of major importance and influence to the City. Mr. Spady was born in Virginia 1890 and graduated from Hampton Institute, now Hampton University, in Hampton Virginia. He was a student of George Washington Carver who became his mentor and counselor at the Institute. George Washington Carver was a botanist and a pioneer in the field of agricultural chemistry who fostered in Spady a lifelong interest in the subject. Spady was one of the founders of the New Farmers of America, a national organization which encouraged black people to become independent farmers. After graduating from Hampton Institute, Solomon Spady taught school in Cape Charles Virginia and in 1923 he moved to Delray to take a teaching position which also carried the responsibility of principal. He remained in that position for 33 years. The school that Spady became principal of was located on the east side of N.Blackmer Street (N.W.5th Avenue) between W. Atlantic Avenue and N.W. 1st Street. This was the site of the first school in the settlement which was established in 1895 by the Dade County Board of Instruction and known as Delray Colored NO. 4. The Town 0 f Delray was part of Dade county until 1909 when Palm Beach County was established. The first school was little more than a thatched hut, but then so were most of the early buildings in town, the thatching and dirt floor soon gave way to a wood roof and floor as the little school grew. In 1916, on the same site, the Palm Beach County Board of Instruction "constructed a colored school building in the town of Delray at a cost approximating thirty-five hundred dollars. This school is in charge of Professor Clarence E. Walker and has done such a remarkable work that it has attracted the attention of the trustees of the Slater fund, who very generously have Designation Report 170 N.W. 5th Avenue Page 7 been donating five hundred dollars per annum towards the support of the school. II 1 It is believed that Clarence Walker remained at the school until his retirement in 1923, when Spady became its head. Given the excellent reputation of the school, it is easy to understand why the Palm Beach County school superintendent was anxious to find an outstanding replacement, and sheds light on why such a well educated and well connected teacher would consider a post in a pioneer town with a population of approximately 2,000 souls. By 1939 the enrollment had outgrown the "standard frame schoolhouse" and the out-building classrooms which had been added. With insufficient property to expand and construct a larger school, the School Board purchased land at N.W. 4th Street and N.W. 8th Avenue and built a new school which served grades 1 through 12. At Mr. Spady's suggestion, this school was named Carver School in honor of his former mentor. In 1951 the Board again addressed the need for more class rooms and' the 1939 school was largely demolished and replaced with a new school. In 1957 black high school students moved to a new building south of W. Atlantic Avenue and took the name Carver with them. In 1958 the School Board in recognition of one its most illustrious principals named the school on N.W. 4th Avenue in his honor. Solomon Spady's wife, Jessie, was also a teacher, she was born in Florida in 1894. It is believed that the Spadys built the house at 170 N.W. 5th Avenue, however it may have been built on speculation in 1925 during the land boom and purchased by them in 1928. All of Mr. Spady's energy was dedicated to improving the educational standards of the segregated school system in which he taught. He often inspired his students by telling them of personal encounters with Booker T. Washington and George Washington Carver. Mr. Spady, with persistence, broad intellect and a passion to educate had a great influence in setting the goals and increasing the quality of the schooling available to blacks, not only in Delray but in the State and County, in the decades preceding desegregation. The Spady house was a meeting place for intellectuals and community leaders, and his students and their parents were always welcome. The fact that he chose to live only a block from his first school and four blocks from his second tells us of his total commitment to be identified with his work and with the involvement of the community he served. Solomon David Spady retired in 1956 and returned to live in his native Virginia. 1- Narrative Reports of County Superintendents, 1916-1918. State Department of Education, Tallahassee, FL. Research Report - 55, September, 1967 Designation Report 170 N.W. 5th Avenue Page 8 V. statement of SignifIcance and Criteria for Designation Statement of Siqnificance 170 N.w. 5th Avenue is a good example of the Mission Revival style of architecture as built in Delray Beach in the 1920s. It embodies most of the major features representative of the style and has not been altered to a major degree. Most importantly the Spady House has a high threshold of cultural significance. It is associated with the 33 year career of Delray's most prominent black educator and community leader from 1923 to 1956. It is important to the identity of the neighborhood to recognize this site and to make the community aware of its existence. It is appropriate that this building be listed on the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. Criteria for Desiqnation Section 4.5.1(B) of the Land Development Regulations of the City of Delray Beach outlines the criteria for designating properties or sites to the Local Register of Historic Places. It suggests that at least one criteria from paragraphs (2) or (3) must be met to justify designation. Listed below are the criteria which relate to this property and justification for designation. (2) "A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) "Is associated in a significant way with the life or activities of a major person important in the city, state, or national history (for example, the homestead of a local founding family)." 170 N.W. 5th Avenue was the home of Solomon David Spady and his wife Jessie for more than 30 years. Mr. Spady was the most respected educator in the community during his tenure as teacher/principal of the only school for black students in the City. The house served as focal point for those interested in in education and community affairs during his ownership. (3) "A building, structure, site of district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria." Designation Report 170 N.W. 5th Avenue Page 9 (a) "Portrays the environment in an era of history characterized by one or more distinctive architectural styles." This house is characteristic of the many Mission Revival style structures built in the community during the 1920s. It is appropriate to offer recognition and some protection to this structure because many of Mission Revival buildings have been demolished, or have been altered in such a way that the original style cannot be identified. (b) "Embodies those distinguishing characteristics of an architectural style period, or method of construction." The Spady House contains most of the distinguishing characteristics of the Mission Revival style. It is simple in design and ornamentation, and has a traditional flat roof with decorative parapets. The original openings are intact and the front porch has undergone little change. The bell shaped chimney cap and parapet sucppers are existing as is the rough stucco finish of the exterior walls. 170 N.W. 5th Avenue is worthy of being designated to the Local Register of Historic Places. It more than fulfills the criteria for designation as set forth in Section 4.5.1(B), which requires that only one criteria be met. j~1 IJ~ II Idl , > m ". . l. i. . i ~ JMilORN FIRE INSURANCE MAP ~1 ... - JULY , 1926 El I ~ N ~ N. W. 2.ttP . fi3 . I 1& > > >~:~' < ~ :ct ~ '-iU l ~~::, ~ .... . .f'Il' ~ ' ~~ I- ,... 0-1: ~ l0 l]P: ' ~:;r;-:---) f- '-<.:JJ. ~ i ... ~ H~ ~ ~i 4 ~ .,' : 1LI ~;~ ~,I'ifr' G]f; "m ~ I t.illI<; l!Ai q .. ~:tJ II i G?lJ ~ Ii [ill; .. "- tf r~ m rJ ~ Q. ~~ IlJ ~ ~ lUJ ~ tllf" C' D '111 I It,.. '1[1,1 IDZ fiI ." ~. S r- liT 1I C ' . . ~ 13 ~ 6111" '-'T N.~ CII,' [i) ~ I.'.. I ~ ~ ~ ~ ~ t' ON ~ " r--D1a:~ ~::~~~5 R'",:::! '-ti:illl' " . '''.'4.11... ... 20 ~ i:J ...~ [!lj ~ '. r" ~ ~~ fT=-v. c;l')l ~'" '1a!.J:J ~ .. ~ ft ~ ~ e , r11 ... 0~ r K:fl ;'t II/st '.-41 - - -' ~---~~~"....----- - .--... ~~~. ,_~~__c ~.-.~ u._ , ' ~--4~_._ -.--...-.... .. ._-~ ~ REAR ELEVATION . .. - " , -' . . ... '. -' " . FIREPLACE AND CHUmEY DBI_ ;:€~ "...: --< - - . .. ..,?,,~., ~. . .." . . .'1.t~ ...."-,. JQ~i~~~~~~~~t~i~.~. ~- ", .'.- NORTH ELEVATION p--- ...... ---. - ,.-..; '.' ..' - )..;. . -'-. f'~/''' .;..j; ~., ~.....-- ~ fl-- ~ '... -=- -'~ - - -, --- ~ - ..~ ---- - -- -- ._---- ._.- -- SOUTH ELEVATION Designation Report 170 N.W. 5th Avenue Page 10 ~- ,- VI. Bibliography and Sources Delray Beach Design Guidelines, Delray Beach Historic Preservation Board, 1990 Resourceful Rehab, Metropolitan Dade County, Division of Historic Preservation, 1987 Narrative Reports of County Superintendents, 1916-1918. State Department of Education, Tallahassee, FL. Research Report - 55, September, 1967 Sun Sentinel, February 22, 1992 Delray Beach Historical Society Archives City Building Cards Sanborn Fire Insurance Maps, 1926 Oral History Documentation Ruth and Spencer Pompey file/y:spadyz M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt0Vv{ SUBJECT: AGENDA ITEM i I~ . /). - MEETING OF JANUARY 17. 1995 FIRST READING FOR ORDINANCE NO. 9-95/DESIGNATION OF SUSAN WILLIAMS HOUSE AS LOCAL HISTORIC SITE DATE: JANUARY 12, 1995 This is first reading for Ordinance No. 9-95 which designates the Susan Williams House located at 30 N.W. 3rd Avenue as a local historic site and adds it to the Local Register of Historic Places. The property consists of a single family home which was constructed in 1935 and remains a good example of the Bungalow style of architecture which was popular in Delray from the 1920s until the advent of World War II. The house is associated with Susan Williams, one of the City's early midwives, and is the only remaining building in Delray Beach to physically link the social and cultural history of the pioneer midwives to the community. The Historic Preservation Board conducted a public hearing on this matter on December 7, 1994, at which time the Board voted 6 to 0 to recommend the designation of the Susan Williams House as a local historic site. Recommend approval of Ordinance No. 9-95 on first reading. If passed, a public hearing will be held on February 7, 1995. fJ~ 6-0 ref:agmemo16 , \ I ORDINANCE NO. 9-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OELRAY BEACH, FLORIDA, DESIGNATING THE SUSAN WILLIAMS HOUSE, LOCATED AT 30 N.W. 3RD AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 199411 TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4. 5 . 1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation and protection of historic sites; and WHEREAS, Douglas T. Williams, as duly authorized agent, has nominated the property described herein to be designated as a local historic site; and WHEREAS. a designation report was prepared concerning the designation of the property located at 30 N.W. 3rd Avenue to the Local I Register of Historic Places; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the property as a local historic site; and WHEREAS, on December 7, 1994, the Historic Preservation Board of the City of Delray Beach recommended that the property described herein be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the property described herein as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TH~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: The Susan Williams House, located at 30 N.W. 3rd Avenue, Delray Beach, Florida; more particularly described as follows: 1 , I I I Lots 5 and 6, REVISED PLAT OF BLOCK 36, TOWN OF DELRAY, as recorded in Plat Book 5 at Page 191 of the Public Records of Palm Beach County, Florida. 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 show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. - PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 9-95 I . I ~~- I --. - ---- II. MAP .- .- ...--." . . I 10- LlL I I ~ - tj- ~ i--- ~- I-- I--- ~ - - I-- ~~ - - - i--- - - - - - - - - ~ m - - ~ ~ " II 1T T 210 S. N.L 2M 1 I 0 ie: I I ~ ~ .... - => - Ix - ~ Z . - I!!i - "'- .. )0 - r- - z CIty - HAlL > n - IT L ... - T No.. 1ST ST. N. . 1ST I I ~ ...J ~ -i - 01.0 - ~ .~ ~- ~ '1---' .- SOiOOl ) _ z ~z z SQUA."l! -. - ~ = =. - II []]]] nmfunn .= DID IT ATLANTIC AVENUE L I r--mn: POlICX SOUlH ~[[]]]mn lllIm~[ I-- . OEPAIlNOiT COUMlY - tj ~. s - COURT - cl-- HOUS( - ~ -~~ - - - "- - I-- '-- I--. - - - -- - ~ Z_._ -- - I-- ,..-- ~ - 1 f - I-- .- ~.... . 1ST nrr rITr .. ~L .s> I-- i! I I [ill] = i! .. .. - ~ - l- I-- - I--- - - - )0 I-- - ~ IT ~t ~H Ii ~ m ..; II II IIIIT ~ '-- l- t N I ] ~ 30 N.W. 3RD AVENUE ~.._ Ol7A1lllUft cr.r fIT llC:AA' H.<Ol. '" . -- DC":"Aol _ .."., Jn7DI - elf t:u1 C I T Y COM MIS S ION DOC U MEN TAT ION -- TO: ~T. HAR EN, C~TY MANAGER .AL ~ THRU: DANE DOMIN UEZ, DIR TOR DEPARTMENT OF PLANNIN A ONING FROM: PAT CAYCE~~ HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF JANUARY 17, 1995 FIRST READING OF AN ORDINANCE DESIGNATING THE SUSAN WILLIAMS HOUSE, 30 N.W. 3RD AVENUE, TO THE LOCAL REGISTER OF HISTORIC PLACES. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance designating a property as a local historic site. The property consists of a single family residence constructed in 1935 and located at 30 N.W. 3rd Avenue. The legal description of the property is Block 36, Lots 5 and 6. B A C K G R 0 U N D: The building was constructed in 1935, the architect is unknown. The builder was Isaiah Bruin a well known contractor who built a variety of residential structures in the City during the 1920s and 1930s. The building is a good example of the Bungalow style of architecture which was popular throughout Delray from the 1920s until the advent of WWII. The building retains most of its original architecturally defining elements, including the multi-gabled roof, the prominent front porch and massive porch piers, most of the original multi-paned windows are existing. As the home of Susan Williams, one of the City's early midwives, the house has considerable cultural significance. Mrs Williams's original homesite was located at the southwest corner of S. W. 4th street and S.W. 4th Avenue, after its demolition she moved to the subject property which was owned by her daughter Agnes Munnings and her husband Cleveland. Though she only resided in the house during the last four year of her life, it is the only remaining building in the City to physically link the social and cultural history of the pioneer midwives to the community. It is important to the identity of the neighborhood to recognize this site and to make the community aware of its existence. It is appropriate that this building be listed on the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. The request for designation is being made by Douglas T. Williams who has power attorney from the owner, Agnes Munnings. HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board formally reviewed the designation report at its meeting of November 2, 1994 and made positive findings to LDR Section 4.5.1(B),(2)(d) & (e) and and 4.S.1(B)(3)(a) and (b), Criteria for Designation of Historic Sites or Districts, and set a date for a Public Hearing to allow the public to comment on the designation. Pursuant to Section 4.5.1(C) Desiqnation Procedures, the Public Hearing was held on December 7, 1994. The Board voted 6-0 to recommend that the City Commission approve the ordinance designating the Susan Williams House as a Local Historic Site. R E COM MEN D E D ACT ION: By motion, approve on first reading the ordinance designating the Susan Williams House, 30 N.W. 3rd Avenue (Block 36, Lots 5 and 6) to the Local Register of Historic Places. Attachments: * Letter of approval for designation from Douglas T. Williams. * Designation Report. . file/y:munnings ~-""'!:--- - --"-- --- ---- MEMORANDUM -- TO: Historic Preservation Board DATE: October 18, 1994 Delray Beach FROM: Douglas T. Williams ,--- - --:. , _ '-"J . RE: Historic Designation of the Munnings House I do feel that the Munnings house on northwest third avenue meets the requirements to be designated an Historical Site. The American Bungalow meets the design guidelines that are set forth by the city. . The history of the house (which, at on&,Jime, was the home of the city's only mid-wife) is certainly noteworthy. I have been a resident of Delray Beach for most of my life and have experienced and been a part of the many changes that have occurred. I do realize the importance of preserving the rich, cultural, historical heritage in all sectors of the city. I am, therefore asking that the Historical Preservation Board present this house, which is located 30 N.W. 3 Avenue, Delray Beach, Florida, to the city commission for consideration of being designated to the Local Register as an historic site. . ~ ~-- DRAFI -.- DES I G N A T ION R E P 0 R T HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA / / / / , / ~ 7::. i.::~::'-f:~~:'_:\'(:- ~~- THE SUSAN WILLIAMS HOUSE 30 N.W 3RD AVENUE CONSTRUCTED 1935 .. Designation Report 30 N.W. 3rd Avenue Page 2 -::="" ~."'" DESIGNATION REPORT: 30 N.W. 3RD AVENUE TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. ARCHITECTURAL INFORMATION IV. HISTORICAL INFORMATION V. STATEMENT OF SIGNIFICANCE VI. BIBLIOGRAPHY AND SOURCES VII. PHOTOGRAPHY Report prepared October 1994 by Vera Farrington, Delray Beach Historic Preservation Board Member and Patricia Cayce, Historic Preservation Planner, City of Delray Beach. . Designation Report 30 N.W. 3rd Avenue Page 3 ----- -~.._- 1. GENERAL INFORMATION Location: 30 N.W. 3rd Avenue, Delray Beach, Palm Beach County, Florida Date of Construction: 1935 Architect: Unknown Builder: Isaiah Bruin, originally from Quincy, Florida Present Owner: Douglas T. Williams, 118 N.W. 8th Avenue, Delray Beach FL 33444. Present Use: Residential, single family Present Zoning: R-1A, Single Family Residential Legal Description: Lots 5 & 6 of Block 36, Town of Delray, originally Town of Linton Property Control Number: 12-43-46-16-01-036-0050 Classification for Designation: Architectural significance, good example of bungalow style. Cultural Significance, home of one of the first midwives in the community. . Designation Report 30 N,W, 3rd Avenue Page 4 ~-;:::~ --- -------- II. MAP C I-- UL ~~ I ~- .1- ~ f--- W ki -< f< -< r' f.-- - f--- - I-- - t:J~ - I-- - - - - I-- - - - - I-- - f-- ~ - [jtj ~ .- II 11 nT T ~ . - 2ND ST. N.E. 2N - ~ I I 0 z ie I I N IS w I--- - I,r= I--- :J l: - F ~ z r- I-- 10_ '--- ... )0 - lIT I- 'i CIN - HALL > n - L d - I lur. 1ST ST. N.E. 1ST I I U W t-..( I I ~ ~i - 0\.1) f-- f-- ~ ~ ;il-- f-- i- ~ z 'il-- . SCHOOL f-- r:= f--- . ' 1...- SQUAll:: I- - = f-- I--- ITIilll u n,""" tIT~ ,Ill OJ]] mr S1AOIUY OJ]] ATLANTIC AVENUE .L. 111111 POLICE SOUlH ~[]]]illJJ [I]]]] ~[[[ - f--- ~ ~. ~ DEPAAll.IOn ~ COUN1't ~ .---- ~ r--- r COUR1 - ~ '--- ~ HOUSE ~~~II I--- I-- - - ~ I-- I--- ,...,~ t-- ~ f--- - ~ f-~ '-- I-- I-- ~ I-- I-- f--- ~ . Z L---- .1- I-- I-- N ~ ;=TI~ I-- f--- ~ s..'~ . 1ST Sl. VI S.E. 1ST - (i I J 111111111 DJIill = j!: . 10 ~ - f-- f--- - I--- f-- - ~ ~ - - ~ iii - ~=r ~~ 30 .-- - I - ,~ IT 1 I I I I- - - [ N I ] ~ 30 N,W. 3RD AVENUE r"...A.t.I<~ t)(Jl'UlWC.H't ~ or DC.JU r 8tAOl. A. - -- CFZC'-'J. 8'~ UI.I' =rD/ -- ......... YA!I -- Designation Report 30 N.W. 3rd Avenue Page 5 --- -._- ----~-_....__. III. Architectural Information The house at 30 N.W. 3rd Avenue is a good example of the South Florida bungalow style as built in Delray Beach during the 1920s and 30s. Many of these homes were built from pre-designed plans purchased from publications such as the Home OWners Service Institute catalog and the AlA sponsored Architects Small House Service Bureau, or from local lumber companies. But whether designed by an architect, or constructed by local builders from pre-designed plans, they all share the basic design elements of the bungalow. Walls: Horizontal wood or stucco exterior facing. Roof: Low pitched gable roof with the ridge either perpendicular or parallel to the street; often with multiple gables. If the primary ridge is perpendicular to the street, the front porch is usually roofed with a separate offset gable. Roofs often have exposed rafter tails. Porch: Porches are prominent. They are usually deep and extend the full width of the facade. The porch roof is supported by piers. The design of the pier supports is usually unique to the house and varies depending on the creativity of the builder. Windows: Double hung or casement, multi-paned and arranged for cross ventilation Plan: Usually rectangular and often modest in scale. The Williams House contains many of the classic bungalow features. There are two gables at right angles to the street and an opposing gable roof covering the front porch. The porch roof is supported by 2 traditional massive piers which are broken at the middle with a molded cap. Above the cap the piers taper gradually to the porch roof's supporting beam. Exposed rafters are visible throughout. Original casement windows with a 4 over 1 pane configurations are a feature of the front facade adj'oining the porch. All of the original multi-paned windows are in place and most of the functioning wood shutters are existing. The house originally had wood siding and possibly a wood shingle trim. However, the facing has been covered with vinyl siding so it is not possible on visual inspection to determine what style of wood siding was used. The house has a composite shingle roof. The foundation is a combination of pier and cement block. .. . Designation Report 30 N.W. 3rd Avenue Page 6 --;::-:- '"';;:---- ------ - IV. Historical Information The house is located on Lots 5 & 6 of Block 36. This block was subdivided into 16 lots when the Town of Linton was platted in 1895. In 1913 the block was replatted by the owners, J.H. Jackson and W.H. Brady; 39 smaller lots were created out of the original 16. Lots 5 and 6, and most of the replatted lots were purchased by George H. Green and his wife and the balance were owned by W.H. Brady and his wife. By 1922 there were 14 structures on the block including the Primitive Baptist Church on the northeast corner, and two grocery stores fronting on W. Atlantic Avenue. When the Town of Linton was platted all of the streets had names, the change from names to numbers was adopted in 1924. The streets which bounded Block 36 were as follows: on the east, N. Beatty Street (N.W. 3rd Avenue) ; on the west N. Larson Street (N.W. 4th Avenue) ; to the north, Miller Street (N.W. 1st street). Though the historic house was not owned by Susan Williams, she resided there during the last 4 years of her life. The property will be listed on the Local Register as the Susan Williams House. Susan Currie Williams was born in the Bahamas in 1870. In about 1898 she and her husband and their small daughter Agnes, boarded the Sir Charles Orr and set sail for their new life in the Town of Delray. Susan Williams had been trained as a midwife in the Bahamas and it is possible that she had been asked to come here by the Bahamian settlers who had established themselves in the community. Her services were soon in demand, both as a midwife and general nurse practitioner. The town did not have a resident doctor until J.R. Cason set up practice in 1905, ten years after the first settlers arrived. Medical facilities were available in West Palm Beach but one had to travel by train (Florida East Coast Railroad) to get there. A competent and caring midwife was essential to the community, as babies did not time their arrivals to conform to train schedules. Nurse "Susie" Williams delivered black and whi te babi~s alike and gave other medical attention as needed. As medical facilities became available and doctors moved to the City, Susan was called upon by the medical profession for home nursing. Tall, slender and imposing in her white uniform and dark cloak, she is remembered even today, by those who recall seeing her striding purposefully along with her black medical bag in hand. The original Williams homesite, now demolished, was located at the southwest corner of S. W. 4th Street and S.W. 4th Avenue. Susan William's daughter, Agnes, mar:r::ied Grover Cleveland Munnings in 1924. Mr and Mrs Munnings purchased Lots 5 & 6 and built the bungalow in 1935. At the age of 80 Susan Williams suffered a stroke and moved 30 N.W. 3rd Avenue to be with her daughter and son-in-law. After a long and distinguished career in public service Susan Williams died 4 years later in 1954 at.. the age of 84. Designation Report 30 N.W. 3rd Avenue Page 7 ...".- ---- V. Statement of Siqnificance and Criteria for Desiqnation statement of Significance The house at 30 N.W. 3rd Avenue, also known as the Susan Williams House, is a good example of a modest residential bungalow as built in Delray Beach during the 1920s and 30s. The house presents the major physical elements typical of bungalow construction. With the exception of the vinyl siding which has been installed over the original wood siding, most of the bungalow's defining character remains in tact. Additionally, for the last 4 years of her life, the bungalow was the home of Susan Williams one of Delray Beach's first midwives. It should be noted that the original Williams homesite has been demolished, as have many significant buildings in the historic black community. It is appropriate that this building be listed on the Local Register of Historic Places for it is worthy of the protection and special consideration afforded by that designation. Criteria for Designation Section 4.5.1(B) of the Land Development Regulations of the City of Delray Beach outlines the criteria for designating properties or sites to the Local Register of Historic Places. It suggests that at least one criteria from paragraphs (2) or ( 3 ) must be met to justify designation. Listed below are the criteria which relate to this property and justification for designation. ( 2 ) "A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) "Is associated in a significant way with the life or activities of a major person important in the city, state, or national history (for example, the homestead of a local founding family)." The house at 30 N.W. 3rd Avenue was the home of Susan Williams, one of the first midwives in the City,. from 1950 until her death in 1954. For 10 years after the first settlers arrived 1895 the community had no doctor, the nearest medical assistance was in West Palm Beach. The presence of a competent midwife was not only significant but essential to both the black and.white citizens of the community. Because the original Susan Williams homesite has been demolished, it is appropriate to recognize the house she occupied during the last years of her life. . Designation Report 30 N.W. 3rd Avenue ""Pal1e 8 ( 3 ) "A bui lding, structure, site of district is deemed~--o-ha v e architectural or aesthetic significance if it fulfills one or more of the following criteria." (a) "Portrays the environment in an era of history characterized by one or more distinctive architectural styles." This house is characteristic of the many modest bungalows built in the community during the 1920s and 30s. It is appropriate to offer recognition and some protection to this structure because many of the early bungalows have been demolished, or ha ve been altered in such a way that the original style cannot be identified. (b) "Embodies those distinguishing characteristics of an architectural style period, or method of construction." The Susan Williams house contains most of the distinguishing characteristics of the bungalow style. It has a double gabled roof with an opposing gable over the porch roof. Exposed rafter tails are used throughout the roof construction. The front porch is prominent and its roof is supported with massive piers. The plan of the house is rectangular and the multi-paned windows are massed for cross ventilation. 30 N.W. 3rd Avenue is worthy of being designated to the Local Register of Historic Places. It more than fulfills the criteria for designation as set forth in Section 4.5.1(B), which requires that only one criteria be met. . Designation Report 30 N.W. 3rd Avenue Page 9 .-::-:- ~- ------- --~- VI. Biblioqraphy and Sources Delray Beach Desiqn Guidelines, Delray Beach Historic Preservation Board, 1990 Resourceful Rehab, Metropolitan Dade County, Division of Historic Preservation, 1987 City Building Cards Property Assessors Records, 1913 Sanborn Fire Insurance Maps, 1926 & 1941. Oral History Documentation: Douglas Williams, Grandson Agnes Munnings, Daughter . " - --- -- , .. - - ~ '-' - ~ ::- - - l' -- .. .' [~. -- -, . ~.~ '1 ~ ~ !.J . \ , 1 . . -. - - 'SI'lt... . --- . ~~.=- .