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07-05-94 Regular [)ELR~\ BHCH CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING td.td AII.America City JULY 5 , 1994 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. \ I II I ' COMMISSION CHAMBERS The City shall 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 activity conducted by the City. Please contact Doug Randolph, (407 ) 243 -71·27 at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. RULES FOR PUBLIC PARTICIPATION l. 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 wi thhold 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. . . City Commission Regular Meeting 7/5/94 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 ís 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 /l. Roll Call. .12. Invocation. ~. Pledge of Allegiance to the Flag. .14. Agenda Approval. Action: Motion to Approve. IS. Approval of Minutes: Special Meeting of June 14, 1994 Regular Meeting of June 21, 1994 .16. proclamations: ./A. Parks and Recreation Month - July, 1994 /B. Florida Water and Pollution Control Operators Week - August 15 through 19, 1994 7. Presentations: .lA. Distinguished Budget Presentation Award from the Government Finance Officers Association to the City of Delray Beach. lB. Preliminary Landscape Design - West Atlantic Beautification - Cot leur Hearing Inc., Landscape Architectural Consultants. 8. Consent Agenda: City Manager recommends approval. vA· RESOLUTION NO. 41-94: Approve a resolution abandoning a 10 ft. sanitary sewer easement within the Plat of Simmons Cay, located on the west side of North Ocean Boulevard, between Thomas Street and Vista Del Mar Drive. ¡E. RESOLUTION NO. 48 - 94 : Approve a resolution assessing costs for abatement action required to remove nuisances on five proper- ties throughout the City. - 2 - . City Commission Regular Meeting 7/5/94 ~. RESOLUTION NO. 56-94: Approve a resolution assessing costs for abatement action required to remove abandoned vehicles from three properties within the City. /D. RESOLUTION NO. 57-94: Approve a resolution assessing costs for abatement action required to remove an unsafe structure on property located at 1015 Mango Drive. vÆ· RESOLUTION NO. 50-94: Approve a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 31 N.W. 7th Avenue. IF. RESOLUTION NO. 51-94: Approve a resolution to allow participa- tion in the County Pro-Rata Grants Program, with a request of $3,400 of the non-matching funds to purchase two electronic blood pressure units (Oscillomate 9000 B/P) . /G. RESOLUTION NO. 53-94: Approve a resolution authorizing the purchase of a 0.17 acre vacant parcel of land on N.W. 4th Avenue from Patricia Ann Nelson, as Seller, for the appraised value of $7,500.00, for the purpose of providing affordable housing opportunities. .IH. RESOLUTION NO. 54-94: Approve a resolution authorizing the purchase of a 0.15 acre vacant parcel of land on N.W. 4th Avenue from Althamese Smith, as Seller, for the appraised value of $8,000.00, for the purpose of providing affordable housing opportunities. G) RESOLUTION NO. 55-94: Approve a resolution authorizing eminent domain proceedings for the acquisition of a 12 ft. easement for a sewer line to service Fire Station No. 3, located on the north side of Linton Boulevard - west of S.W. 4th Avenue. J. ..¡ LANDSCAPE WAIVERS/CONGRESS PLAZA: Approve waivers to the landscape requirements of LDR Section 4.6.16(H) (3) (d) and Section 4.6.16(H) (3) (j) for Congress Plaza, an existing industrial building located at 101 S. Congress Avenue. K.I CONTRACT RENEWAL/UNIVERSAL BEACH SERVICE CORP. : Approve renewal of the contract with Universal Beach Service Corp. for beach cleaning services. The three year renewal period will commence October 1, 1994, with base compensation of $63,860 per year for each of the next three years. L.yI FIRE RESCUE TRAINING AGREEMENT/ARBORS ASSOCIATES, LTD. : Approve agreement with Arbors Associates Ltd. for Fire Rescue training exercises to be held on their property at 1625 South Congress Avenue. /M. ROAD CONSTRUCTION AGREEMENT/GROVES OF DELRAY, LTD. : Approve an agreement with the Groves of Delray, Ltd. relative to the construction of the southern portion of S.W. lOth Avenue from - 3 - . . City Commission Regular Meeting 7/5/94 just north of Linton Boulevard to the entrance of the Groves development. IN. AWARD OF BIDS AND CONTRACTS: 1 . Bid Award - Community Development Block Grant - Four Housing Rehabilitation Grant Awards and Contract Awards, bringing the four homes to minimum code requirements, with funding from Housing Rehabilitation (Account No. 118-1963- 554-49.19) . 2. Computer Support for Police Department/Computer Dispatch and Modifications - A.L. Roark & Associates, Inc. (sole source vendor) at an estimated total cost of $11,047.50, with funding from Support - Equipment Maintenance (Account No. 001-2113-521-46.20). 9. Regular Agenda: ~. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: 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 June 20 through July 1, 1994. JB. CONDITIONAL USE APPROVAL/REAL STONE AND GRANITE: Consider a request for conditional use approval for Real Stone and Granite to allow the establishment of a monument and ornamental stone cutting facility within an existing industrial structure. The subject property is zoned I (Industrial) District and is located north of S.W. 10th Street on the west side of S.W. 15th Avenue. Planning and Zoning Board unanimously recommends approval. Jc. OBJECTION TO RECOMMENDATIONS OF THE COUNTY LAND USE ADVISORY BOARD (LUAB) /FUTURE LAND USE MAP AMENDMENTS IN THE CITY'S PLANNING AREAS: Consider objecting to recommendations made by the County's LUAB regarding proposed amendments to the County's Future Land Use Map for five properties located within the City's planning area. Planning and Zoning Board requests that the City Commission register a formal objection to the recommendations. /D. WATERFORD IMPACT FEE RETURN/SW lOth AVENUE & SW 10th STREET: Consider a request from the attorney for Waterford DRI and Builders Square for refund of $278,000.00 which the City is holding as a guarantee for road improvements to S. w. lOth Avenue and S.W. 10th Street. ¡E. AMENDMENT NO. 2 TO RAMBLIN' ROSE LICENSE AGREEMENT: Consider an amendment to the license agreement with Ramblin' Rose Riverboat, Inc. to permit food and beverage service while docked during special events and to allow for service while - 4 - . . City Commission Regular Meeting 7/5/94 docked in the event of mechanical failure, bridge failure, or inclement weather. jF. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY / IMPROVEMENTS AT LINTON BOULEVARD & MILITARY TRAIL: Consider approval of an Interlocal Agreement with Palm Beach County for joint partici- pation in the construction of improvements at the intersection of Linton Boulevard and Military Trail. The City's total share of the cost is $241,285.00; with funding from 1993 W & S Bond - Morikami Park Wells (Account No. 440-5179-536-63.61) in the amount of $214,420; and from W & S Connection Fees - School Site S (Account No. 440-5181-536-69.15) in the amount of $26,865, through budget transfer from W & S Improvements-Mains (Account No. 441-5181-536-63.50). jG. RESOLUTION NO. 52-94: Consider Resolution No. 52-94 opposing casino gambling in Florida. Jk. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONVENTION: Designate a voting delegate to the 68th Annual Convention of the Florida League of Cities to be held August 25-27, 1994, at Lake Buena Vista. ~. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint a public member to the Police and Fire Board of Trustees, for a two year term ending June 30, 1996. The appointment will be made by Commissioner Randolph. A. RESOLUTION NO. 59- 94 /: A resolution supporting the Roots Cultural Festival, Inc., in their efforts to sponsor the 17th Annual IIRoots Cultural Festival II in the City of Delray Beach July 10 through August 14, 1994. 10. Public Hearings: ~A. ORDINANCE NO. 21-94: An ordinance annexing a 1.57 acre parcel (The Boys Farmers Market at 14378 Military Trail), small scale land use map amendment to affix official designation of GC (General Commercial), and establishing initial zoning of GC (General Commercial) District. Planning and Zoning Board recommends approval (6 to 0 vote) . J REQUEST FOR WAIVER/GROVES OF DELRAY. LTD. Consider a request from Groves of Delray, Ltd. for a waiver to the provisions of Section 5.3.2(C) (1) of the Land Development Regulations to reduce the number of units in the Groves of Delray project which will be subject to the $500.00 per dwelling unit park and recreation impact fee. Staff recommends denial. C.) ORDINANCE NO. 55-94: An ordinance amending Chapter 100, IINuisances II, Section 100.01, IIExistence of Weeds, Trash, and Vegetation Upon Lands Prohibited II, of the Code of Ordinances to prohibit the placement of pyramid-shaped or similar type markers within a public right-of-way. - 5 - . City Commission Regular Meeting 7/5/94 1l. 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: vi. ORDINANCE NO. 56-94: An ordinance rezoning a 7.49 acre vacant parcel from MIC (Mixed Industrial and Commercial) District to CF (Community Facilities) District. The subject property is located at the northwest corner of Congress Avenue and N.W. 1st Street and is proposed to accommodate a satellite facility for the County's bus system. Planning and Zoning Board recommends approval (6 to 0 vote) . ~. ORDINANCE NO. 57-94 An ordinance amending the Advisory Future Land Use Map of the Comprehensive Plan by changing the land use designation of a 1.3 acre vacant parcel from Low Density Residential to Transitional. The subject property is located on the north side of Atlantic Avenue, at Hamlet Drive (extended) and is known as the DiMarzio property. Planning and Zoning Board recommends approval (6 to 0 vote) . 13. Comments and Inquiries on Non-Agenda Items. A. Commission B. City Attorney C. City Manager - 6 - . · ~ [ITY DF DELRAY BEA[H DELRAY BEACH ~~'A~~ ,..-... AII·America City \ I III! PROCLAMA TlOY I 'j'J J WHEREAS, recreation enhances the health and well-being of people of every age, young and old, able and disabled; and, WHEREAS, the importance of recreation must be continually reemphasized in a technologically advanced society such as ours; and, WHEREAS, all citizens can enjoy self-renewal in the out-of-doors through green spaces and facilities in parks; and, WHEREAS, our State Parks are major attractions each year, not only for our own citizens, but also for the millions of visitors to Florida; and, WHEREAS, other governmental bodies, such as the Federal Government, cities and countries, also maintain parks and playgrounds for the benefit of residents and visitors; and, WHEREAS, we, as a nation, must have an awareness of the potential value to us of leisure and recreational activities. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim July, 1994, as PARKS AND RECREATION MONTH in Delray Beach, Florida, and urge that attention be directed to the many ways in which park, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so every citizen will have the opportunity to develop meaningful and satisfying leisure activities. 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 5th day of July, 1994. MAY 0 R THOMAS E. LYNCH SEAL ~A T,-,'C E~¡:¡)RT AL:JAYS MATTERS . ~ - Agenda I tern No. : AGENDA REQUEST Date: June 22. 1994 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: July 5, 1994 Description of agenda item (who, what, where, how much): Request approval of attached Proclama tion for the Mavor's signature naming Julv. 1994 as "Parks and Recreation Month." ORDINANCE/ RESOLUTION REQUIRED: YEÐ Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: Determination of Consistency 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 6Jt' 1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . [ITY DF DEL RAY BEACH DELRA Y BEACH ~*~~ ..~ ..~ AII·America City 'illi' ¡ROCL1JlA rIO. J (¡t¡ { WHEREAS, the health and welfare of our residents are of vital state and national concern; and, WHEREAS, the Florida Water and Pollution Control Operators Association is a statewide organization dedicated to maintaining water quality in Florida; and, WHEREAS, these trained, dedicated, and knowledgeable operating personnel maintain water and waste water plants throughout the State of Florida; and, WHEREAS, the Operators Association conducts operating training throughout the State at the 12 regional levels and acts as liaison between the Department of Environmental Protection (DEP) and operators in the field; and, WHEREAS, the Association reviews and assists in supervising State certification examinations and coordinates the statewide plant operations awards program with DEP. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim August 15 through .2\.ugust 19, 1994, as FLORIDA WATER AND POLLUTION CONTROL OPERATORS WEEK in Delray Beach, and urge all residents to join in saluting the contributions of these persons to the improved water and sanitation conditions of our state. 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 5th day of July, 1994. MAY 0 R THOMAS E. LYNCH SEAL t:,8 T ~ " ~n ...,...-..-- - .~ . . . , 6/22/94 TO: City Clerk Florida Water f:I Pollution Control Operators Association Incorporated A Non-Profit Association Serving Water and Wastewater Professionals in the State of Florida ORGANIZED IN 1941 June 20, 1994 RECEIVED Mayor City of Delray Beach dUN 2 2 1994 City Hall: 100 N.'\'. First Ave. Delray Beach, FL 33444 CITY COMMISSION Dear rvIayoL As director of Region 6 Florida Water & Pollution Control Operators Association (FW&PCOA), I wish to ask of you again to proclaim August 15-19, 1994 as "FLORIDA \VATER AND POLLUTION CONTROL OPERATORS \\'£EK", in your community. Again this year, the association will be holding their Annual Short School in Gainesville, during thìs week. This is when the plant operators and field technicians along with a new group of technicians, the stonnwater technicians, have the opportunity to attend short courses familiarizing themselves with the upcoming technology in the increasing concem for the protection of the most precious commodity for the residents of Florida. Enclosed you will fmd a copy of the proclamation the govemor has presented the association this year. Please use this as your guide. I can be available to receive the proclamation at a meeting or you may send it to me at the address below, so that I can present it at the next FW&PCOA. Board of Director's meeting in August. ~lyself and the FW&PCOA thank you for your support in the past and will greatly appreciate your support in the future. ~~ Retum Address: Lee Kraft Lee Kf ft, D' ctor FW&PCOA, Region 6 1453 Jetuúngs Street Lantana. FL 33462-4124 Enclosure: Ph (w) 483-4100 (h) 533-6239 I~ECE'VED b /;J.ð/91 CITY CLERK - Ii --- --- --- --- --- --- --- GOVERNMENT FINANCE '\... OFFICERS ASSOCIATION ~ (-.. 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 0~ ~f' p ".. ,. ý "- 312/977-9700. Fax: 312/977-4806 ~~ 1.'!2 ~(}': ¡f -:f' .r /)~ 1:"'1' May 5, 1994 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Mr. Harden: I am pleased to notify you that the City of Delray Beach has received the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. Your Government's plaque will be shipped under separate cover to Mr. Joseph M. Safford, who originally submitted the budget for consideration. We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's budget awards program. Through your example, we hope that other governments will be encouraged to achieve excellence in budgeting. Sincerely, ~/~ Jeffrey L. Esser Executive Director JLEjaf Enclosure WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 7A 202/429-2750 . Fax: 202/429-2755 . . , Ii --- --- --- --- --- --- --- GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue. Suite 800. Chicago, Illinois 60601 312/977-9700. Fax: 312/977-4806 May 5, 1994 PRESS RELEASE For Further Information Contact RELEASE IMMEDIA TEL Y Dennis Strachota (312) 977-9700 ****************************************************************************** CHICAGO--The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that the City of Delray Beach, Florida has received GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the jurisdiction. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the jurisdiction had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well a government's budget serves as: · a policy document · a financial plan · an operations guide · a communications device Budget documents must be rated "proficient" in all four categories to receive the award. Since the inception of GFOA's Distinguished Budget Presentation Awards Program in 1984, approximately 650 jurisdictions have received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughóut North America. The Government Finance Officers Association is a nonprofit professional association serving 12,650 government finance professionals throughout North America. GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. WASHINGTON OFFICE 1750 K Street. N.W., Suite 650, Washington. DC 20006 202/429-2750 . Fax: 202/429-2755 . . . . MEMORANDUM 1 TO: DAVID HARDEN, CITY MANAGER THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~ FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR ~ RE: WEST ATLANTIC AVENUE BEAUTIFICATION PRELIMINARY DESIGN PRESENTATION DATE: JUNE 28, 1994 ITEM BEFORE THE COMMISSION - - Cotleur Hearing, Inc. Landscape Architectural Consultants for West Atlantic Avenue Beautification will be presenting preliminary landscape designs for the proj ect. BACKGROUND In keeping with the fast track schedule to meet the July 15, 1994 deadline for the 1994/1995 State and County Roadway Beautification Grant Program, the Consultants will be looking for input and direction from the City Commission. These plans will be the basis for the final plans submitted to Beautiful Palm Beaches, Inc. for the grant application. Due to the close time schedule no plans are available for the Commission package as the Consultant is literally working through the July 4th weekend to meet scheduled deadlines. RECOMMENDATION Commission input and direction requested to guide the Consultants in the completion of the landscape plans. 75 . . . , . Agenda I tem No.: 16 .AGENDA REQUEST Date: 6/28/94 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 7/5/94 Uescription of agenda item (who, what, where, how much): West Atlantic Ave Beautification Preliminary Design Presentation ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Commission Action , Department Head Siqnature. ~~ ..~ - Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: . (if applicable) Account No. & Description: Account Balance: City Manager Review: ~$/ NOZJc! Approved for agenda: Hold Until: Agenda Coordinator Review: Received: . Action: Approved/Disapproved . . Atlantic A venue Landsca~ Prepared for: The City of Delray Beach "* øp1ac. (tv1INIrw1U~) *°01 FPoVl ËhlD ~ ~ I 11 (~ N IÞ<1U tx1) . 13-0 oF(' - ! -n-t6.<TcH PN-Ivf Wlhtt:)þt')/LL ~ p.r6t~ ~t~ ~L~ u "*-n<.~ CHdCE.7 -z :E I 61 L~ BuTlONWQ:/þ M~îlC- ~ý *- AL L t<1 L1o/r B>E"" I Tf2A-1 >J¡:;D I .~. .. ~'I ~~ ~~(rYfE IF) ':' . .. ....... ~ - . ?~II~ .. . J ~^LL ~~ CEJ~IL *"t.IrtH1W ·ÇL~·12 -S;~14T ~t7 ..~.. -."., ,.'. ....:....... ,....,:.. .. ... . .....'J,.--:- ,,,_._ 0._. '.. " . " . Prepared by: ~ Concept # 1 Cotleur Hearing Scale:1 /4"=1' -0" . . ,- Atlantic A venue Landsca~ Prepared for: The City of Delray Beach ~f2- ? I -c:;::> II *20' OCI(¡v1ltJlt><fU~) I -* tbO Pf?c:H'Æ ~ND o~ ~~þ4J (rr!N.I~Llþ<1) -- r - _~~ 04d~ I I ~I TAl i2E' ~K tH~ lCt-t FÄ.Ltv'l - L - ~ I' ==- o-fr:t:<- 4 CAL. 1J<UN ~ ~ I I " fö;< T~ L P~H I - \'\\ 1-'1 f.L~~~~ ~L..~ - I ~Lþ.R.I~~ . fNM ~ ~IICU¡<p~ éJ~ t~ 'pi -,t I 'I~ "'7- Ie> _ t-'1lhJ. SM~LL ~Eþ~~,(JL *Vt HI~' '~~'~HI ~ Prepared by: ~ Concept # 2 Catleur Hearing Scale:1/4"=1' -0" . ~ Atlantic Avenue Landsca~ Prepared for: The City of Delray Beach ~~lt<Llhl ¿:" ~K7 ~~~I.NIt>4UÞ4) c:~-HN~ .1?4J ~u~ LA~ - - f* ~ b.<=::. (~lhll -.t\U hA) -~~7 L16U~r-1 cL..U6i $ L-~ ~Î~ ( ~~ f. f?.L."'1 ~UN~ (I'Z.';~ V1~,~ ~ L- L.~L- 4' ~~ :. ~~~ -AP:~ i>1JL.G~ "f :.~... II· t= T~ f ., II . .. .. MI~I~UH ~ 12:> A»M aft;> ~. o¡:c::> Iv1lfJ. . ~~ >1'~ ~4iw.., LA~ t:11S~IL- ~'Wrt1-+IN ·c~ ~~HI .~ Prepared by: ~ Cotleur Concept # 3 Hearing Scale:1!41=1'-O" . . Atlantic A venue Landsca~ Prepared for: The City of Delray Beach .,--. ¿ CJ4JcP'(~ (~c>!o.c. ~IN.) LI*~ ~ fl-U~ ~y ~41~ - 1?4-H' '"tt<U t-J ~ : ~cWÞ 7 X. -~ - I rI\ ~[Sl..IAéì¡;;: -Z-o ~Eri~¡c::::- tf4ft71AJ7 ~ I 6 V/ ~ , - _ . tvrUI.CH '!i. . -- -+ I II TJÆ:, I f' I~ - c:>.± W9<IIY1'U ~ ~ .cU~ .~ ~:r-~{J :fl. * Wr;-HIN c::::::1-~ ~~ A"'~7 . Prepared by: ~ Concept #4 Cotleur Hearing Scale:1/4"=1 '-0" . ,-- Atlantic A venue Landsca~ Prepared for: The City of Delray Beach SYM PLANT TYPE COMMON NAME INST ALLA TION SIZE & SPEC QV CANOPY TREE LIVE OAK 14'X10', 5"CAL.,LlMB UP 7' SM CANOPY TREE MAHOGANY 14'X10', 5"CAL.,LlMB UP 7' BB CANOPY TREE BLACK OLIVE 14'X10', 5"CAL.,LlMB UP 7' CD CANOPY TREE PIGEON PLUM 14'X10', 5"CAL.,LlMB UP 7' CLR ACCENT TREE-SINGLE (>4"C) PITCH APPLE 10'X8',3"CAL.,LlMB UPS' LJ ACCENT TREE-MULTI «4"C) LlGUSTRUM 12'X12', MULTI.,LlMB UP7' CES-M ACCENT TREE-MULTI «4"C) SILVER BUTTONWOOD 12'X12', MUL TI.,LlMB UP 7' CES-S ACCENT TREE-SINGLE «4"C) SILVER BUTTONWOOD 12'X8',3"CAL.,LlMB UP 7' RMB ACCENT TREE-SINGLE «4"C) R.I. MAJESTIC BEAUTY 12'X5',3"CAL.,LlMB UP7' TR PALM -SINGLE «4"C) THATCH PALM 7'C.T. MIN.12'OA PR PALM -SINGLE «4"C) PYGMY DATE PALM 7'C.T. MIN.12'O.A. CH-S PALM -SINGLE «4"C) EUROPEAN FAN PALM 7'C.T. MIN.12'OA PEA PALM -SINGLE/DOUBLE «4"C) SOLITAIRE PALM 13'C.T. MIN.16'OA PEA1 PALM -SINGLË «6"C) HURRICANE OR ALEXANDRA 13'C.T. MIN.16'O.A. TF PALM -SINGLE «4"C) WINDMILL PALM 7'C.T. MIN.12'OA WR PALM -SINGLE, THEME (>4") WASHINGTON 10'C.T. MIN. LC PALM -SINGLE, THEME (>4") CHINESE FAN PALM 10'C.T. MIN. LL 1 PALM -SINGLE,ACCENT (>4") BLUE LATAN PALM 10'C.T. MIN. LL2 PALM -SINGLE,ACCENT (>4") RED LATAN PALM 10'C.T. MIN. PHR LG. ACCENT PALM, MULTI. SENEGAL DATE PALM 10'C.T. MIN. CH-M SM. ACCENT PALM, MULTI. EUROPEAN FAN PALM 6'-7' OATRIPLE CI THEME SHRUB COCOPLUM #3, 2'OA CL ACCENT SHRUB CRINUM LILY (DWARF) #15,2.5'O.A. NOD ACCENT SHRUB DWARF OLEANDER #3, 2'O.A. IX ACCENT SHRUB IXORA 'NORA GRANT' #3, 2'OA PSX ACCENT SHRUB PHILODENDRON 'XANADU' #3, 2'O.A. ' CES3 ACCENT SHRUB SILVER BUTTONWOOD #3, 2'O.A. IV THEME GROUNDCOVER DWF. YAUPON HOLLY #3,1'O.A. HL THEME GROUNDCOVER SPIDER LILY #2, 1.5'O.A. JP THEME GROUNDCOVER PARSONS JUNIPER #3,1'O.A. JS ACCENT GROUNDCOVER JASMINE SIMPLlCIFOLlUM #3, 1.5'OA PW ACCE~T GROUNDCOVER PITTOSPORUM WHEELERI #3,1'OA ZF ACCENT GROUNDCOVER COONTIE #3, 1 'OA LM ACCENT GROUNDCOVER LlRIOPE EVERGREEN GIANT #1, l' OA LV ACCENTGROUNDCOVER LlRIOPE 'AZTEC' #1, l' O.A. PH ACCENT GROUNDCOVER PURPLE HEART #1, .5' OA RS ACCENT GROUNDCOVER OYSTER PLANT #1, .5' OA PLANT LIST Prepared by: ~ Cotleur Hearing . - M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER mv1 SUBJECT: AGÉNDA ITEM i 8 A - MEETING OF JULY 5. 1994 RESOLUTION NO. 41-94/EASEMENT ABANDONMENT IN PLAT OF SIMMONS CAY DATE: JUNE 29, 1994 This is a resolution abandoning a ten (10 ) foot sanitary sewer easement in the Plat of Simmons Cay, which is located along North Ocean Boulevard between Thomas Street and Vista Del Mar Drive. The Simmons Cay plat dedicated a 10 ft. easement along the rear of the property that has not been used and is not intended for use. The single family structure proposed for the property will receive sewer service from a main along A-1-A. A tennis court proposed along with the single family home will encroach within the existing easement. Since there is no existing or planned sewer main within the easement, Environmental Services has no objections to its abandonment to allow for the construction of the tennis court. Recommend approval of Resolution No. 41-94 vacating and abandoning a 10 ft. sanitary sewer easement within the Plat of Simmons Cay. ~ O'r) ~ ref: a: agmemo9 . 0,( ?M C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER . . ~ ( '" \ \ \ , THRU: ~~NGUE ;'}~y DI~ECTOR OF. .~~ & ZING . ~L. \ (. FROM: STEVEN E. TAY v PLANNER SUBJECT: MEETING OF JULY 5, 1994 ABANDONMENT OF PUBLIC EASEMENT **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of a 10' sanitary sewer easement located within the plat of Simmons Cay. The Simmons Cay plat is located along North Ocean Boulevard, between Thomas Street and Vista Del Mar Drive. This abandonment is being processed pursuant to LDR Section 2.4.6(P), Abandonment of Public Easements. B A C K G R 0 U N D: In July, 1992, the City Commission approved the final plat for Simmons Cay, subdividing the parcel into two single family lots. Included wi thin the Simmons Cay plat is a 10' sanitary sewer easement along the rear of the property that has not been used, nor is intended for use. A single family structure is now proposed on the Simmons Cay plat. Sewer service to that structure will be provided from a main along A-I-A, at the front of the property. A tennis court that is proposed along with the single family structure will encroach wi thin the existing 10' sewer easement. As there is no existing or planned sewer main within the easement, and the tennis court cannot be constructed over the easement, the applicant has proposed its abandonment. The Environmental Services Department has reviewed the proposal to abandon the easement and has no objections. PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning Board consideration is not required for the abandonment of public easements. . City Commission Documentation Simmons Cay Easement Abandonment Page 2 R E COM MEN D E D ACT ION: By motion, approve the abandonment of the 10' sanitary sewer easement located within Simmons Cay by the enactment of Resolution -94. Attachment: * Reduced Survey TaCAYESMT.DOC . . -- RESOLUTION NO. 41-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN (10) FOOT SANITARY SEWER EASEMENT LYING WITHIN THE PLAT OF SIMMONS CAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 69, PAGE 100, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Robert L. Simmons, as Trustee of the Robert L. Simmons Trust, is the fee-simple owner of Simmons Cay, according to the Plat thereof recorded in Plat Book 69 at Page 100 of the Public Records of Palm Beach County, Florida¡ and ¡ I i WHEREAS, Phil Barnhart, duly authorized has I as Agent, ! made application for the abandonment of a ten (10) foot sanitary sewer easement located within the Plat of Simmons Cay¡ and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said sanitary sewer easement. , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I I , THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section That ¡ 1. pursuant to Chapter 177.101(5) and I 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: TEN FOOT SANITARY SEWER EASEMENT The West ten (10) feet, as measured at right angles to its westerly boundary, of Simmons Cay, according to the Plat thereof, as recorded in Plat Book 69, Page 100, of the Public Records of Palm Beach County, Florida¡ containing 1,000 (one thousand) square feet and subject to easements, restrictions, reservations, and rights-of-way of record. PASSED AND ADOPTED in regular session on this the 5th day of July, 1994. ~~ ATTEST: ~ MAY~ Ot.ÏJnn 'fl}1f'/v ~ J/r; /iy City erk . . ~. "'.~~~:~~¿~~~~~'~¥~. , f ûn 111M.) (I ... l:i~~fí'll J--\~ - (1 ~~ I li.I~W~ JiJf a~ I ~ ~;: I "{i:~æ.r~ ~nf~. ~i I~ ~~~ ~ ~..,....,.¡., .,~ .....1. 2---,- 0'" ...n ..... '~ . .. , I ,.. o. · - ... · ~ '-" .. ,........ ........... ~ >-"., t:o þAo =- 9:;! ::.-.. ~ ~ ~::~ ~ :I~ ft.nð. n:n,la I ,..~~<::>~..¿;!:' ~ ! o ~ .!,. ,..G.,. ~ ~1 :JIItJ "':: ~ ~ c:::. l~ -J ,....... ~...t... ~ ~Ot.;::,gœ~~'v, ia."'~ffil III· I.. ~-~~,...~... I I" ,. ¡ ...n. _~'.tI.~ ,~- n ..I I . .- I ~(".~... .. -.. e.. ... <... ~ '< I L...... - ....' ,..1 n "" ¡ '"' Q ~..... . "."'C. "'" ~..c!·~i f I!x A I ......~:'¡!: !,"i! I ·1· I... loo·~·"'..f.1 : ~li~'}!¡ i Ii' ~~ ~~~.} ~. I 00 1*1. A ;Î!Èi IifJ iJ-I~~ì ,;; ~ ·t~ loft .,'1 u,~ , .'" t ... .... -02::: ) [i~II=~ ·!i i¡ I ~ ", . .... ! ~ t.., I \ ~ , IS .... 0.. I -:: :.. 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I 11; \. . ~ !,.I~II ~I~ ~~I ~ -'--~"",þ ~ i· --t·S'I:J ,Jo, no ...~ " . .... .- ~ , J" ~ !~ ¡~ .,. ~ ¡ i II(fl' . I...) /1J7/' oc.::cl d!.."".=. =~'" I~ ... . . - ~ 4 ... 0:.. ,., J 5''' - - ~" '", '" U..t ....'.1 r --¿~" ~~~ tU· <- ... - t.. ""\ ~~,¡ ~ I .. .~ '" I- ' .. I ~ !: IDI. ,., ",q, "'.. ~ ; fllllil I I, 1'1. r -.. IIIS~qf' . tP _ I ,,0 04.. _4_ . .. . .. III .- . ~-':--I ' . U= 1 'H i./~G' --, · I 1f~!! f,. AD ~~::'~6:Vð k . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 8'Þj SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF JULY 5, 1994 RESOLUTION NO. 48-94: DATE: JULY 1, 1994 This is before the Commission to approve a resolution assessing costs for abatement action required to remove nuisances on five properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 48-94 assessing costs for abating nuisances on five properties located within the City. . - . ---'---- ..----..-" -- -. . - ...-- '-'"---'--'.'-~' --.. .-.-.--.-----, --~---,,-- '.-- _._.._~- RESOLUTION NO. - 48=94 -. -- ---. - - ~_.- .. -.'----.---"'-'-"" , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY ! BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORD1NANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance wi th the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(e) of the land(e) deeoribed in the attached liet with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10 ) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the I City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance (s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s)¡ and, I I , I , I . ·'-_. ---..-.-- -- -- --- -..--- ... -~--_._--. -- .-- - WHEREAS I the City of Delray Beach, through the CitV Aazriínistra- i tion or such agents- or contractors hired by the City Administration was ! therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nui~ance(s) existing thereon aø described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beachl submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid I said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the ! cost of said nuisance(s) against said property owner(s)I NOW1 THEREFORE I BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby 1evied a~ainøt the parce1(ø) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid wi thin thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for c¡eneral city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s} of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum I plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. - 2 - Res. No. 48-94 . - ._,.... . . ~_ _H ~,-_...-. _. . -.,-~~.._--~.-.-,.-_. .,._,--- --..'- -- Secti<,n 4. Thàt this resolutioÌlshëill' becom-e--efÍectlve thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of èight (8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1994. I MAY 0 R ATTEST: City Clerk j I - 3 - Res. No. 48-94 ! I I I '. COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 19, BLOCK 2, ATLANTIC J.D. & EARLINE MONROE $ 45.00 PARK GARDENS, DELRAY, PLAT 32 EARLE STREET 70.00 (ADM. COST) BOOK 14, PAGE 56, PUBLIC HARTFORD, CT. 06120-1714 (RECORDING) RECORDS OF PALM BEACH COUNTY, FL LOT 6, BLOCK 3, ROSEMONT WADE DEVELOPMENT CORP. INC. $ 45.00 PARK, DELRAY, PLAT BOOK 7575 DR. PHILLIPS BLVD. 70.00 (ADM. COST) 13, PAGE 60, PUBLIC # 320 (RECORDING) RECORDS OF PALM BEACH ORLANDO, FL 32819-7221 COUNTY, FL LOT 232, TROPIC PALMS ALFRED W. CONNER $ 45.00 PLAT 1, PLAT BOOK 25, 500 NW 38TH TERRACE 70.00 (ADM. COST) PAGE 99, PUBLIC RECORDS DEERFIELD BEACH, FL (RECORDING) OF PALM BEACH COUNTY, FL 33442-7324 LOT 22, BLOCK 32, TOWN J. W. & MARGARET YOUNG $ 37.50 OF DELRAY, PLAT BOOK 6, 317 SW 5TH AVENUE 70.00 (ADM. COST) PAGE 97, PUBLIC RECORDS DELRAY BEACH, FL (RECORDING) OF PALM BEACH COUNTY, FL 33444-2405 LOT 11, BLOCK 1, ROSEMONT TOMMY PRESTON $ 45.00 PARK, DELRAY, PLAT BOOK 13, P.O. BOX 2385 70.00 (ADM. COST) PAGE 60, PUBLIC RECORDS OF DELRAY BEACH, FL (RECORDING) PALM BEACH COUNTY, FL 33447-2385 VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. - 4 - RES. NO. 48-94 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER trt1 SUBJECT: AGENDA ITEM # ~C - MEETING OF JULY 5, 1994 RESOLUTION NO. 56-94 DATE: JULY 1, 1994 This item is a resolution assessing costs for abatement action required to remove junked vehicles on three properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 56-94 assessing costs to remove junked vehicles on three properties located within the City. , - ____.u.··___________"" RESOLUTION NO. 56-94 -_.__.~..- ! , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELAY ¡ BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH , ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN i EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- I MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, I AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT ¡ PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. I ¡ WHEREAS, the City Manager or his designated representative ! has, pursuant to Chapter 90 of the Code of Ordinances, removed junked ¡ and/or abandoned vehicles owned by persons described in the list I attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, i WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of I the City of Delray Beach, the City Manager or his designated represent- ative has determined that a nuisance existed in accorda:'1ce with the II standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the I attached list with written notice of public nuisance pursuant to ; Sections 90.02 and 90.03 of the Code of Ordinances; and, i I WHEREAS, the property owner(s) named in the list attached I j hereto and made a part hereof did fail and neglect to remove said i junked and/or abandoned vehicles, and thus failed to abate the nuis- I ¡ ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or I if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as :1 required by Chapter 90 of the Code of Ordinances; and, ;1 :1 WHEREAS, the Ci ty of Delray Beach, through the City Adminis- tration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned ¡ i vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid; and, ¡ I I I I . .' ..~ WHEREAS, the City Commission of the C~ty ot Delray .oeacn, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW,' THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in i Section 3, become a lien upon the respective lots and parcel(s) of land I described in said report, of the same nature and to the same extent as I the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to i :¡ sale and foreclosure as City taxes are collectible. :1 Section 2. That such assessment shall be legal, valid and 'I binding obligations upon the property against which said assessments I are levied. , I Section 3. That the City Clerk of the City of Delray Beach is ¡ I hereby directed to immediately mail by first class mail to the owner(s) I j of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus. reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable ¡ attorney's fee. r i ! Section 5. That in the event that payment has not been received by the City Clerk wi thin thirty (30) days after the mailing I II date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of ;1 Palm Beach County, Florida, and upon the date and time of recording of I -2- Res. No. 56-94 i I ¡ :J I I ! ! · the cert1t1ed copy ot tn1s reso~ut10n a L1en snaiL become ettec~1ve on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the day of , 1994. I MAYOR í i ATTEST: I City Clerk I :¡ j I I I -3- Res. No. 56-94 I . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 31, BLOCK B, RIDGEWOOD FILIBERTO CAMPOS $ 19.45 HEIGHTS, DELRAY, PLAT BOOK 1046 SW 7TH AVENUE 15.00 (ADM. COST) 14, PAGE 44, PUBLIC RECORDS DELRAY BEACH, FL 33444 (RECORDING) OF PALM BEACH COUNTY, FL LOTS 32 & 33, BLOCK 15, VERA F. GIBSON $ 19.45 TOWN OF DELRAY, PLAT BOOK P.O. BOX 66 15.00 (ADM. COST) 13, PAGE 18, PUBLIC RECORDS INSTER, MI 48141-00066 (RECORDING) OF PALM BEACH COUNTY, FL E28' OF LOT 3 & W48' OF DOMINIGUE & MOZELLE $219.45 LOT 4, BLOCK 1, BELLEVIEW 206 SW 8TH STREET 15.00 (ADM. COST) MANOR, PLAT BOOK 24, PAGE DELRAY BEACH, FL 33444 (RECORDING) 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FL VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES OR PRIVATE PROPERTY; EXCEPTIONS. - .;, 4 - RES.NO. 56-94 ..-- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ffI11 SUBJECT: AGENDA ITEM # ~D - MEETING OF JULY 5, 1994 RESOLUTION NO. 57-94 DATE: JULY 1, 1994 This is a resolution assessing costs for abatement action required to demolish an unsafe building on property located at 1015 Mango Drive. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,536.30 remains unpaid. Recommend approval of Resolution No. 57-94 assessing costs to demolish an unsafe building on property located at 1015 Mango Drive. . RESOLUTION NO. 57 - 94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the Ci ty of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun wi thin sixty (60 ) days and all work must be completed wi thin such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30 ) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, . '. WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action ;1 regarding an unsafe building by the thirty (30 ) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6% ) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 57-94 . Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s) , after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of six percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30 ) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's " fee. PASSED AND ADOPTED in regular session on this the day of , 1994. MAYOR ATTEST: City Clerk Ii - 3 - Res. No. 57-94 . NOTICE OF ASSESSMENT Date TO: En~ique and A. Ramos ADDRESS: 1015 Mango Drive, PO Box 1094, Delray Beach, Fl 33447 PROPERTY: 1015 Mango Drive, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lot 51, Sunset Park according to Plat Book 12, Page 65 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in the above- described property are hereby advised that a cost of $2,536.30 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice onl-20-94 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of De1ray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 6-1-94 at a cost of $2,536.30 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. - . . , Copy of all notices referred to in this notice are available in the office of the Bui1d~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM E - MEETING OF JULY 5 1994 RESOLUTION NO. 50-94 DATE: JULY 1, 1994 This is a resolution assessing costs for abatement action required to remove an unsafe building on property located at 31 N.W. 7th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $1,210.00 remains unpaid. Recommend approval of Resolution No. 50-94 assessing costs for removing an unsafe building on property located at 31 N.W. 7th Avenue. . RESOLUTION NO. 50 - 94 A RESQLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed wi thin thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, . WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building .Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid wi thin thirty (30) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 50-94 . Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s) , after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of six percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. ., PASSED AND ADOPTED in regular session on this the day ¡' of , 1994. MAYOR ATTEST: City Clerk - 3 - Res. No. 50-94 . NOTICE OF ASSESSMENT Date TO; Willis Lane ADDRESS: 1050 Dotterel Road, apt 304-3, Delray Beach, F1 33444 PROPERTY: 31 NW 7th Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lot 24, Block 12, Monroe according to Plat Book 14, Pa~e 67 of the official records of Palm Beach County, Fl You. as the record owner of. or holder of an interest in. the above- described property are hereby advised that a cost of $1,210.0Oby resolution of the City Commission of the City of Delray Beach. Florida, dated . 1993, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 1-21-94 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 3-9-94 at a cost of $1,210.00 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. . , Copy of all notices -referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF TIlE CITY COMMISSION. City Clerk . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # &'F - MEETING OF JULY 5, 1994 RESOLUTION NO. 51-94 DATE: JULY 1, 1994 This resolution is before the Commission to approve the City's participation in the County Pro-Rata Grants Program for funds available to licensed Emergency Medical Services providers. A resolution from the City Commission is needed to demonstrate that the equipment purchased with these non-matching funds expands and improves the level of care provided to its citizens. A request of $3,400 of these funds is made to purchase two Oscillomate 9000 blood pressure units ($1,700 each) . The addition of these electronic blood pressure units will expand and improve the level of care provided to citizens and visitors. Recommend approval of Resolution No. 51-94 for non-matching funds available to licensed Emergency Medical Services providers. ~ on ~ . . RESOLUTION NO. 51-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. WHEREAS, the City of Delray Fire and Emergency Medical Services Department represents the Emergency Medical Service interest of the City of Delray Beach; and, WHEREAS, the City of Delray Beach Fire Department is requesting Pro-Rata grant funding for the purchase of two (2) Oscillomate 9000 B/P Units which will aid our EMT and Paramedics in provision of pre-hospital services; and, WHEREAS, the City of Delray Beach Fire Department is eligible to receive funds collected by the Emergency Medical Service Surcharge, pursuant to Florida Statutes, Chapter 401.113; and, WHEREAS, these funds are to be used to expand and improve the City's level of emergency medical care to the citizens of Delray Beach and will enhance the emergency medical service operation; and, WHEREAS, these funds are to be spent on equipment not budgeted through the City of Delray Beach and would be unavailable otherwise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor of the City of Delray Beach, Florida, is hereby authorized to execute all documents which are necessary to complete the request for a Pro-Rata share of the County Emergency Medical Service Surcharge Award Program Funds. PASSED AND ADOPTED in regular session on this 5th day of July, 1994. ~~ / ~y 0 R ATTEST:ß~~~ Acting City Clerk . [IT' OF DELAR' BER[H FIRE DEPARTMENT . - '.1 . . ~.' - DELRA Y BEACH F lOll: t 0 A ...... AII,America Ci1 "111, ¡ c,q { M E M 0 RAN DUM TO: DAVID T. HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF DATE: JUNE 27, 1994 SUBJECT: REQUEST CITY COMMISSION APPROVAL AND RESOLUTION TO ALLOW PARTICIPATION IN COUNTY PRO-RATA GRANTS PROGRAM Each year the Palm Beach County E.M.S. Program makes Pro-Rata funds available to licensed E.M.S. Providers. To utilize these non-matching funds we must submit an application requesting the purchase of equipment which is not budgeted through the City and a supporting resolution from the City Commission. The resolution is needed to demonstrate that the Delray Beach Fire and Emergency Medical Services Department, in fact, represents the Emergency Medical Services for the City and that the equipment purchased with these funds expands and improves the level of care provided to our citizens. For FY 94-95 we wish to purchase two (2) Oscillomate 9000 B/P units at a cost of $1700 each ( total $3400.). The addition of these electronic blood pressure units will enable the Fire Fighter/EMT's and Fire Fighter/Paramedics to more accurately assess the needs of our citizens and visitors. Approximately 4000 B/P's are taken at our fire stations annually. These units will also be used at special events, health fairs and exhibits to provide monitoring of blood pressure. ~)".~ ~ [" 1 [ 1 . ,- r ,- r-_ · ~= ~_ r~~'f 8 E ,~J~ H ~::_;J R : 0 A ...-..... --Or. _: r' "0_'-":; · . C " .-- . . ", . -~... .... - 1 - ~ " ~ .. - , _..r:, : '. Page -2- Memorandum Mr. Harden, City Manager Pro-Rata Grants Program We request this item be placed on the July 5, 1994 consent agenda. A copy of the proposed resolution is attached for review. ~þ~ Robert B. Rehr Fire Chief RBR/mmh Attachments: 2 cc: D. Trawick, Div. Chief D. Randolph, Train. & Dev. Mgr. . . Agenda I tell No.: iF AGENDA RBQUBST Date: June 27, 1994 Request to be placed on: xxx Regular Agenda (Consent) Special Agenda July 5, 1994 Workshop Agenda When: Description of item (who, what, where, how much): Reqµest Citv Commission qppToval and resolution to allow participation in the Countv Pro-Rata Grants Progr.<lm. The City of Delr;:¡}" Rp;:¡C'h will request $1400 of thp~p non-m;:¡t"l'"hin¡ .fltn,.!", TO pllrl"h.<l~p two(2) Oscillomate 9000 B/P units. The addition of these plpl"tronil'" hlood prp~~l1re IInit~ will expand and improve the lpvpl of care provided to our citizens and visitors. (Example: . Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLtr.rIOB REQUIRED: (YEYNO Draft Attached~O Recommendation: Recommend approval - No matchin~ funds required........ (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~ ßL Department Head Signature: ß City Attorney Review/ Recommendation (if applicable): ~ . ,. Budget Director Review (required on all iteas involving expenditure of funds ) : Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: c![$/ NO [7'-- I Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . M E M 0 RAN DUM TO: Doug Randolph, Grants/Training Coordinator FROM: Barbara Garito, Acting City Clerk~' DATE: J~ly 6, 1994 SUBJECT: Resolution No. 51-94 - County Pro-Rata Grants Program ----------------------------------------------------------------- ----------------------------------------------------------------- Attached you will find one certified copy of the above mentioned resolution which was approve by Commission last evening. By copy of the memorandum, I am also sending a certified copy to Chief Rehr. Please let me know if I can be of further assistance. cc: Chief Rehr bg , . ..... " '~ t:"- \ [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE >u :-;w Is! ,\\'E:-;UE . DELRAY BEACH. FLORIDA )).¡.¡.¡ F..\CSI\!ILE ,¡,J: 2:S··\755 Wr1ter'. C1rect L1ne DELRA Y BEACH (407) 243-7090 f l 0 . t D " b.e.I:II AI~Americl City " III! MEMORANDUM 1994 1993 Date: June 23, To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Purchase of Vacant Property - Nelson This Resolution pertains to the purchase of a .17 acre vacant parcel on N.W. 4th Avenue. The property is owned by Patricia Ann Nelson, and she has agreed to sell the property for the appraised value of $7,500.00. The property will be used to construct affordable housing in conjunction with the City's Affordable Housing Program. Please call if you have any questions. DNT:ci Attachment cc: David Harden, City Manager Sharon Morgan, City Clerk's Office Lula Butler, Director of Community Improvement Regina Scott, Neighborhood Program Specialist ~ an ~ Ju1y $/ /99'1 ?G. ® Printed on Recycled Paper . . . NOTICE OF INTENT TO ACOUIRE REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined it to be in the best interest of the City to purchase certain real property, for municipal purposes, more particularly described as follows: Lot 6, Block 34, TOWN OF DELRAY BEACH (f/k/a Linton), according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 10, Page 45, Public Records of Palm Beach County, Florida. Subject to easements, restrictions, limitations, and other matters of record for the purchase price of $7,500.00, less existing liens, and other good and valuable consideration. A Resolution of the City Commission of the City of Delray Beach, Florida, authorizing the purchase of property and on the terms and conditions set forth above, will be considered for adoption by the City Commission at a regular meeting to be held at 6:00 p.m. on Tuesday. July 5. 1994, in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. PUBLISH: Delray Beach News CITY OF DELRAY BEACH, FLORIDA June 30, 1994 Alison MacGregor Harty July 4, 1994 City Clerk , . - - ~..'--_....- ,-.---.---"- "-~'-'---"--~--'~< RESOLUTION NO. 53-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN¡ HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain vacant property located on N.W. 4th Avenue to provide for housing pursuant to the City's Affordable Housing Program¡ and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida¡ and WHEREAS, it is in the best interest of the City of Delray ¡ Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Patricia Ann Nelson, as Seller, land to provide for affordable housing opportunities for low income individuals, for the purchase price of Seven Thousand Five Hundred and 00/100 Dollars ($7,500.00), and other good and valuable consideration; said parcel being more particularly described as follows: Lot 6, Block 34, TOWN OF DELRAY BEACH (f/k/a Linton), according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 10, Page 45, Public Records of Palm Beach County, Florida¡ containing a 0.17 acre parcel of land, more or less. I Section 2. That the costs of closing and transactions, ! title insurance, document preparation and attorney's fees shall be I borne by the City of Delray Beach, Florida. ¡ , Section 3. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. . PASSED AND ADOPTED in regular session on this the 5th day of July, 1994. I ~~ , I I ATTEST: I ! , W; NJlì~~kll rnJ/()71f City Cl rk ! I I : I , I - 2 - Res. No. 53-94 . . ." I." 1C "ll .; r 8, - p. _. 4111 us S~ ~-~~o, ...; .. 14: ~ N. w: "$0- _ 4C :/'0' Ii fÇ' 0 i>C J'. ~ '.. ¡"I'"" ..1::"..' -:JTS.! J07' 2 :~, i! 33:'.,! 0..- ;. 12 l~. 8 I 15""'~ ztJ I Iii /7 :) I ~ .;. ~ : ª 21 !I I r~ III ~ - 'Z. ',~: 27' 2 ' ~~ ~ t'o' II' .,;: . - - - Ie : zs ~ I> 1/ .\1 Z~ J~ :~ 3 ~ :'J' 26 3' , , ~ '" 0 ", - .-- - 14 0 t~ ~¡ 27.. 0 : oJ ' /4 25 4 ~- ~ "" ¿I:Þ ~ ~~ 4'5 _ . _ ' I t'.., 2J ~ Io.i Ú ''7'; 77" ~ : 5:u" 24 5 , ~ .:::. I' - . 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I :\ 2.... ~ 6 ~ I --- - . - -- ~ ~. RESOLUTION NO _ 53-94 I 2 I 10 . .: 3...... c¡;, 9 ,- _ . II 4- ~ r:; 10 ~ PURCHASE OF NELSON PROPERTY 'It' 3 1/ 3 II, 5 Q:: ~ II .I':t 1---- ~--- , I--- _ _ 9. 6 . ~ 17 .~~, ~ ).~ .... :; 15' ,~'" ..... 4d if '.. : I' ., I~ LA.. 4 ~ Ið '~ '0" .J, ~ I, ~_.. ~--~- ~ 7 /9 ~ 5 13 20~ 5 13' 5 /3 CITY 5 ~ IJ ~ -- - - I-- : C 14 0 . 6 /4 . ~ ' 6 14 HALL 6 14 ~ . ... 1.1 ~';1! .... f k: ---- it ~ 15 . 7 /5 7 /5 -.... ., 15 ~ ... '8 -,.:, 16 '" '., 8 ... Z'::S . 16'" .., -8- - .. 16 '" ~ -;:-3 I-- 1\1'... 'JS,',1Ì IfJ66 ~+~'·""~'J.H 'J.S''''-''''~ .'J,..2·V.......<J:.v.._ 2' ,,", -,.V .. "'lV'. ,. . 2" I '17 Z"V ~V Z "2"Y ','r . ~EdmofH f!, In H.", ro;.. ~...... ~ I 41.... II ..... J, ~ . ~ h rð . ,.;- .. I 7' ~ _.!! ~ ~í/f. .~ Ii COM MUNITY ...:r / !_ :r A LI t-.] .~I ··; F~ftc..J. : 2 8 P....·~ O'~:;; I CENTER 1<' 2 <9' Sr"", ~ ~. I :;; ...,J . ...... ..... ¡. <::) J ~ 3 q l·:: !. 9 ~ . : 39 ' <::) Is' ' ¡¡ ~ 10 I::~ ~ 'D" ~ ~~~ ~... 10 " Z~~ ~ ~ '. 44 ...Ie. ""', "-:) C;:, In ":, , It;> 4 10 ~ I_~" 0 5 ,'- .. 68 1JlJ111., ... II> II 'c It 1-;-'- ..--¿ '5 /1' , IU' < I.) "-:) I . II> ~ I" . ~ r.n 1111 i'; " ...... . .. - ~ , . ..... 6 12' ...,J r ¡,:'I~' "" I ~~Ii.h,,~ ~J.. J'":!''' Q:) ! I oi' 1 1141 I"¿'I:I~.; ,. ii I I 11.1 II ~I r- - rJ !i r; ~ ~"v T . i I~..: '(Sit'. I~JJeA 10" F.D,· 'L 14 15 ,t; _" ~ ~'-'.- . - -. --". ~--.._-------------- -----------~--- " ..-.--- -- .----."-----------.------ CONTRACT FOR SALE AND PURCHASE PATRICIA ANN NELSON, ("Seller"), of Delray Beach, Florida, and CITY OF DELRAY BEACH, a Florida municipal corporation, ( "Buyer"), hereby agree that the Seller shall sell and the Buyer shall buy the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Lot 6, Block 34, Town of Delray Beach f/k/a Linton, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 10, Page 45 II. PURCHASE PRICE. . . . . . . . . . . . . . . .$7,500.00 less any unpaid liens or taxes. III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FAC~ OF EXECUTION communicated in writing between the parties on or before July 15, 1994. The date of this Contract ("Effective"Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before August 19, 1994, unless extended by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 71 feet in width as to the side lines, unless otherwise specified herein); assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none o,f them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, bit of Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant ( s) or occupants dis- closed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise . - _e_ __ ~_ "',_ _ __~_ "__ ~ . -. --.- ----- ------'------------------~. ~ '. ~ -..-'-'- ----_. _ _n'_'__'__"___4_,~___ __.___ stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their ex~sting condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be deter- mined according to applicable title standards adopted by authori ty of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and repre- sents that there is ingress and egress to the real property -2- . _.. _. _ ._.._ n.___ .... .__.. ",. ___~___.__¥__---,... _ . -- ___·_.·___~...u. _____.. h__. .,___ sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of meçhanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien af~idavit setting forth the names of all such general contractors, subcon- tractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a clai~ for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Buyer shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the deed and recording corrective instruments shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have -3- . _. ..--.-------......-.... .-----'._.._._--~------- .- - -_.- -- - -- -~. .__. _·__d·__ _. ...___ the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which,' request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequen~ly readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. . K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount. equal to the last estimate of assessment for the improvement by the public body. L. Inspection, Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropri- ately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above stan- dards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement ~:e required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by -4- . - ----- -- __·____u.__ _ _ _ ____ --.-- ._~._- . ~._------._--._~_.-_..._-----._--- -. -- ..-..- .--.-...... ----------.-- --------- --- --- an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreemen~. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, pr9vide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proce,ds p..lyable by virtue of such loss or damage, or of cancelling the agreement and receiving return of deposit(s). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disburse- ment, _or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. -5- . - _ ,____d.~_~~·___._........_____·____....~_..._. .._....-"....._ nO", ...,~...,___._~......_________ . - -. - - ---.---.-----------..-"-..- -.-------- -------- ----. o. Failure 0.£ Performance: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s», the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Aqreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. . . Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on t~e property. R. Other Aqreements: No prior or present agree- ments or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. . BUYER: SELLER: City of Delray Beach Patricia Ann Nelson By: By: Thomas Lynch, Mayor ATTEST: City Clerk -6- . _ _, u_. - ------_._-~. ---- ------ ._-.. . . . -- --.-.-.--.- ----- - Approved as to Form: City Attorney State of County of The foregoing instrument was acknowledged before me this (date) by ( name of person acknowledging), who is personally known to me or who has produced ( type of identification) as identification. . '" Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public . -7- . . '/ I .( . ~ l. CITY OF DELIAY BEA[H CITY ATTORNEY'S OFFICE 2:liJ ~;W 1st .,\'.'E0iL:E . DELRAY BEACH, FLORIDA 33~~4 F.\csr~!JLE ~lJì278'4755 Wr1t_r'. D1r_c::t L1n_ DELRA Y BEACH (407) 243-7090 f l 0 . IDA. ..... AIJ.America City " III! MEMORANDUM 1993 Date: June 23, 1994 To: City Commission Assistant City Attorne~ From: David N. Tolces, Subject: Purchase of Vacant Property - Smith This resolution pertains to the purchase of a .15 acre vacant parcel on N.W. 4th Avenue. The property is owned by Althamese Smith, and she has has agreed to sell the property for the appraiser's value of $8,000. The property will be used to construct affordable housing program. Please call if you have any questions. DNT:ci Attachment cc: David Harden, City ManageD Sharon Morgan, City Clerk's Office Regina Scott, Neighborhood Program Specialist ~~ Oì'ì {l~ 7/5/9'-1 ® Pnnfed on Hecyc!ed Paper ?H . . NOTICE OF INTENT TO ACOUIRE REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined it to be in the best interest of the City to purchase certain real property, for municipal purposes, more particularly described as follows: Commencing 300 feet South from the Northwest corner of Block 33 for a Point of Beginning; THENCE East 135 feet; THENCE South 50 feet; THENCE West 135 feet; THENCE North 50 feet to the Point of Beginning, said parcel being in Delray Beach, formerly Linton, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3. Subject to easements, restrictions, limitations, and other matters of record for the purchase price of $8,000.00, less existing liens, and other good and valuable consideration. A Resolution of the City Commission of the City of Delray Beach, Florida, authorizing the purchase of property and on the terms and conditions set forth above, will be considered for adoption by the City Commission at a regular meeting to be held at 6:00 p.m. on Tuesday. July 5. 1994, in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. PUBLISH: Delray Beach News CITY OF DELRAY BEACH, FLORIDA June 28, 1994 Alison MacGregor Harty July 4, 1994 City Clerk . . RESOLUTION NO. 54-94 I I I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE I ì TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. I I WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain vacant property located on N.W. 4th Avenue to provide for housing pursuant to the City's Affordable Housing Program; and I ¡ WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; i and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Althamese i : Smith, as Seller, land to provide for affordable housing opportunities , for low income individuals, for the purchase price of Eight Thousand and 00/100 Dollars ($8,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: Commencing 300 feet South from the Northwest corner of Block 33 for a Point of Beginning; THENCE East 135 feet; THENCE South 50 feet; THENCE West 135 feet; THENCE North 50 feet to the Point of Beginning, said parcel being in Delray Beach (formerly Linton) , Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida¡ containing a 0.15 acre parcel of land, more or less. Section 2 . That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. . · _.'--'-_._~'-~-'-~. ----~... I Section 3. That the terms and conditions contained in the contract for. sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on this the 5th day of July, 1994. ~~ ATTEST: {jj; œn'flJJ.c.Jiu~ !1r¡I!f City C rk , ! , .1 - 2 - Res. 54-94 r·, 8 ''',¡-<i ...... . ~-";;. <:" -- _. 4th us S"": .~ '.. '41: I!:!!! N. IY, 6 . . " -~ «J .¡e' . .~, .~ ~ J~ ~ ,~. ¡,""'.. 1-'-'8-' IS S" ;" Jc" 2 :~9 Z JJ!'.)! ~r- .. 12 l5,; à ¡; 15 ol\ C, Zt:l /., /7 . I L!' .; ~ . ª 11 !] '0 1" 0 - 2 . ',,: 2? 2 Hì-- ~ Fø \.; 15- ~ .- -- I C' .3 zs ~ ~ 11 ~ 14 #~ ~ ~ N ,11' 26 J. ~ '" 0 - . -,- 2- '14 0 t!:;: 2'1, ~ ; <4 . /ð . 25 4· ~ ~ ... ¿,. <.. :~ - - , '" 2' ~ Iei'¡¡ !j'; 7? "s : 5; 24 S' , ~ ~" -- - [~'- '12 ~ ~. 2 12. _ III ; 6 J " 23 _ ..".6 _. '0 :i r; 21 ~ ,3 13 ~' ¿', 22 LJ ~ 7 . ,49 57 0'1 -' ~ ,--- ',!)., 20 ~ ~' 4 _ 14 'Æ, . ¿z . . 2 / ~ 8 ,.¡¡ ~H ~ i ',;; :-c ~~ .~ è - 7 '"t 5- '" -~ ~ S ~ 20' 9 -0: 9 V'I - 9 L.") :'i -- Ig '" 11)' 5 ~ -, I , ~ ~ ,23 . - ~v·... . Ó 18 ¡:¡ : .__~¡ /6 ' /0 ~ N : LOCATION MAP tì ~ 0/9) C ~ - =: 17 . ' 7 '" 17 f/ ~ Z~ -, (8) a . _8- '( ;ø- -. 11 Z",4 " RESOLUTION NO. 54-94 ¡.,,' ,,/.1 . - -. - Ii . ' ~ 'Q . /2 !" . (I, / ..... ----"'- !) z. <) - 1" . 9 19,,,,, ,,,,'3 Iij '1 PURCHASE OF SMITH PROPERTY } - 16 J Id.... _ g 15 ! (ç, - -:6-~~; 16 . .. ¿7 a ¡:¡- .. 5c..---:;- I u - ~ '~I - /4 0 '" '" ~ I - I u .éf , <0 .. " i~ 'J.' "'.' l!;' - ! ~ ~'10''v~ , :!J."V " 1." Z"V :¡"vN/¡... Iiv-p." ¡ONV 2,4" - ~Ro. 24 10"V II" oJ/ " <. ,'6 MfHCNI: -..7.J56 '" oX J.!~ s;, 'I~ '''1 (, 14- ~.:,: ,~.¡.; it: 5':"; I;' I ./~.:a J. : I .1 ,"- iviiA ~ 21 &3 2 I~ ~---'~" ~. 2 I~ ¿"~d ¡dv ~ ,34: / J(j - >-- A, è:: <)' '. 2 . I 15 ~ '. 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[ I I .! ~ I ""v:¡ I 'r 111I,~r.:i ' (SK.~ ~JJj I 10" F.D.· I 'rl/4 I~ ,~J: r'.'.. . . ~. 0-- _.__ . , ,_.--. .-- --.--.---.... - --- - --- '.'--- .----.- Ur CONTRACT FOR SALE AND PURCHASE ALTHAMESE SMITH, ("Seller"), of Delray Beach, Florida, and CITY OF· DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Seller shall sell and the Buyer shall buy the following real property ("Real Property" ) upon the following terms and conditions: I. DESCRIPTION: Commencing 300 feet South from the Northwest corner of Block 33 for a Point of Beginning; THENCE East 135 feet; THENCE South 50 feet; THENCE West 135 feet; THENCE North 50 feet to the Point of Beginning, said parcel being in Delray Beach, formerly Linton, Florida, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3 II. PURCHASE PRICE . . . . . . . . . . . . . . . .$8,000.00 less any unpaid liens or taxes. .. III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered .to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before July 15, 1994. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer . and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. v. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before August 19, 1994, unless extended by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7i feet in width as to the side lines, . unless otherwise specified herein) ; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, bit of Property is intended to be . _, 'Or< . --- , ._-.-~- _.-- --.._- ---- , ------.--..- -------- ---~--------_.- , rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants dis- closed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy., shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject pnly to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be deter- mined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. -2- -- -.--- -- . - -.--'-.- -------... - . ~--...._-- _."-- , . - ._-- --- ---~ , C. Inqress and Eqress: Seller warrants and repre- sents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon- tractors, suppliers and materialmen and further af£irming that all charges ~or improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Clos1nq: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. !!!!: Time 1s of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Clos1nq: Buyer shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I . ExPense. : Documentary stamps on the deed and recording corrective instruments shall be paid by Buyer. -3- . --------- - -- -~- - - -.- - --_.- - ~ ----.. - ----- . ____ - .0- - . - - -- -.-. ----- ---.------ . J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount , homestead and other exemp.tions . If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available, taxes will be prorated based' upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an es'd.mate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. . Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Dat~, such pending lien shall be considered as' certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Inspection, Repair and Maintenance: Seller warrants that, as of ten (10 ) days prior to closing, 'the ceiling, roof (including the fascia and soffits) and exterior and i~terior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropri- ately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above stan- dards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer.shall be deemed to have waived -4- . ----- --- _ ______u_____ .________ _____. ._ __.___ __ .- -- - ------ - - ~-.-------------~- 0_____.- -..- .._.~---_..._----. ----------- Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of .the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, togethår with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of cancelling the agreement and receiving return of deposit(s). . N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disburse- ment, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agen~ may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the e~crow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agrue t.lat Agent shall not be liable to any party or -5- . - - - .----.--- ------ -.------... _._~ ~-----_.._--._---- ------.-------.--- -. ---- . person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. o. Failure of Performance: If Buyer fails to perform this Contract within the tim~ specified (including payment of all deposit(s», the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Aqreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given !5y or to the attorney for any party shall be as effective as 1f given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Aqreements: No prior or present agree- ments or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties : Seller warrants that there are no facts known to Seller materially affecting the value of "the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: SELLER: City of Delray Beach Althamese Smith . By: By: 'Thomas Lynch, Mayor -6- . ~------- -- -- ._-._-----"-'--~.. ... ., _'u _!___ __. _______ _ . ____ -----. ._----. ._-- . ..&_-~---.- ..~- ---.---. ,. .. . . ATTEST: City Clerk Approved as to Form: City Attorney State of CC?unty of The foregoing instrument was acknowledged before me this (date) by ( name of person acknowledging) , who is personally known to me or who has . produced T ( type of identification) as identification. . Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public . -7- . . - . ,.1</ \ elL £ITY DF DELAAY BEA£H CITY ATTORNEY'S OFFICE 2uU NW ht AVENUE' DELRAY BEACH, FLORIDA 33444 FACSI\!ILE '¡U7è78·.\755 wr.1.'C._r·. D.1.r_Cl'C. L.1.n_ DELRA Y BEACH (407) 243-7090 f l ( If I D A .... AII·America tity 1 ~ III! MEMORANDUM June 29, 1994 1993 Date: To: City Commission From: David N. Tolces, Assistant City Attorn~ Subject: Acquisition of 12' Easement for Fire Station No. 3 This resolution will authorize our office to obtain the necessary property for a 12' easement in which the City will install a six-inch sanitary sewer line. The owner of the property cannot be located at this time. Therefore, rather than negotiate, it is anticipated that the City will file an eminent domain action to acquire the property. Please call if you have any questions. DNT:ci cc: David, Ha.rdew, City Manager Sharon Morgan, City Clerk's Office Dan Beatty, Assistant City Engineer ~ on ~ð- ( &.=#55-94) 7/6/9'1 ð'I. ® Pnnred on Recycled Paper . ~ . -- ...----....- ----.-- ~-- -..- ~ - . .-.-.,,- _..._-_.._..~ _._- ."~-- I i I RESOLUTION NO. 55-94 I I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF i DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF A UTILITY EASEMENT ON AND OVER CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED HEREIN, FOR THE PUBLIC PURPOSE OF INSTALLING AND MAINTAINING A SIX INCH UNDERGROUND SANITARY SEWER LINE FOR SERVICE TO FIRE STATION NO. 3; FINDING THAT THE ACQUISITION OF SAID EASEMENT IS REASONABLY NECESSARY FOR THE CONSTRUCTION AND MAINTENANCE OF THE SANITARY SEWER LINE; PROVIDING THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS, EXPERTS AND OTHER DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY ATTORNEY IN THIS MATTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Engineer of the City of Delray Beach, Florida, has recommended the acquisition of a utility easement on and over certain real property to be utilized for the construction and ¡ maintenance of a six inch underground sanitary sewer line to service : Fire Station No. 3; and WHEREAS, it is necessary that the City acquire an easement in the hereinafter described property in order to construct and maintain said sewer line; and WHEREAS, the City Commission finds that the acquisition of the hereinafter described easement for the construction and maintenance of the six inch underground sanitary sewer line is a public necessity and essential to the interest of the residents of the City of Delray Beach, Florida; and , WHEREAS, in order to accomplish the acquisition of the , needed property, it is necessary for the City Manager and City , Attorney to take legal action and to employ real estate appraisers, i ¡ experts, and other disciplines and private counsel to assist the City Attorney in this matter. 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, adopts and ratifies those matters set forth in the foregoing recitals. Section 2. That the City Attorney is authorized and directed to employ real estate appraisers for the purpose of securing the appraisals of the value of the property hereinafter described for the purpose of a~quiring said property. " ~ - - ---....- .- ___.H__ -- --- Section 3. That the City Attorney is authorized and directed to proceed to take all necessary steps, including the hiring of appraisers, accountants, and experts in other disciplines whom the City Attorney deems are necessary for the adequate and complete representation of the City in this matter, in order for the City of I ; Delray Beach to acquire in its own name, by donation, purchase or eminent domain proceedings pursuant to Chapters 73 and 74, Florida Statutes, a utility easement in and to the property, as more particularly legally described as follows: The West twelve feet (12') of Lot 6, Block 14, SOUTHRIDGE SUBDIVISION, as shown in the Plat thereof i recorded in Plat Book 13, Page 39, of the Public : ! Records of Palm Beach County, Florida. Said parcel containing 0.0267 acres, more or less. The City Attorney is further authorized to have prepared in the name of the City of Delray Beach all papers, pleadings and other instruments required for that purpose and to see that all eminent domain proceedings are prosecuted to judgment. The City Attorney is authorized to retain outside counsel as independent counsel in this matter. i , Section 4. That the City Attorney is hereby authorized and directed to take such further actions as are reasonably required to fully accomplish the purposes here and above directed. Section 5. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 5th day of July, 1994. ~~ ATTEST: (h Nm'/l)}f' fú 'g'J )./()* City Cl k ,- j 'j - 2 - Res. No. 55-94 I '. I . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tf/Z ! SUBJECT: AGENDA ITEM # ~-:s - MEETING OF JULY 5. 1994 LANDSCAPE WAIVERS FOR CONGRESS PLAZA DATE: JUNE 30, 1994 This is before the Commission to approve certain landscape waivers for Congress Plaza, an existing industrial building at 101 South Congress Avenue. It is located at the southeast corner of South Congress Avenue and McNab Avenue. The existing 21,345 sq. ft. building was constructed in 1975 with 64 parking spaces. Due to the widening of Congress Avenue, the perimeter landscape buffer at the east property line was eliminated and nineteen ( 19) parking spaces were lost, leaving the 45 existing spaces. In 1991, 17.5 feet of the McNab Avenue right-of-way was abandoned by the City to the subject property owner. The applicant is now proposing to redesign the parking lot to add back the 19 spaces, as well as to make landscaping improvements to address outstanding violations and meet the October 1, 1993, landscape compliance requirements. The proposed improvements, as approved by SPRAB, will require the granting of two landscape waivers. The first is to LDR Section 4.6.16(H) (3) (d) which requires a minimum 5 ft. perimeter landscape buffer between vehicular use areas and adjacent properties. The waiver will allow a reduced buffer of 3 feet at the east perimeter of the site to permit a minimum 12 ft. aisle width. The second waiver is to Section 4.6.16(H) (3) (j) which requires terminal landscape islands at the end of all parking rows. The applicant has requested a waiver of this requirement at certain locations because the islands would complicate access to the loading bays for the overhead doors. The Site Plan Review and Appearance Board reviewed this item on June 29, 1994, and recommended approval of the waivers by a 5 to 0 vote. Recommend approval of the waivers to LDR Sections 4.6.16(H) (3) (d) and 4.6.16(H)(3)(j) for Congress Plaza, based upon positive findings pursuant to LDR Section 2.4.7(B)(5). ref:a:agmemo12 ~cm ~ I . <. 1.,1 ( t1- \ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: ~G~D~~~R ~FP~ ONING FROM: J~ INS~r1mER SUBJECT: MEETING OF JULY 5, 1994 * Consent Agenda * LANDSCAPE WAIVERS FOR CONGRESS PLAZA, 101 S. CONGRESS AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of the following waivers: LDR Section 4.6.16(H)(3)(d), requiring a minimum 5 foot perimeter landscape buffer between vehicular use areas and adjacent properties. LDR Section 4.6.16(H)(3)(j), requiring terminal landscape islands at the end of all parking rows. The subject property is Congress Plaza, an existing industrial building at 101 s. Congress Avenue. It is located at the southeast corner of S. Congress Avenue and McNab Avenue (Old Atlantic Avenue). BACKGROUND: The existing 21,345 square foot industrial building was approved in 1974 and constructed in 1975, subject to requirements of the MI (Medium Industrial) zoning district. At the time of construction the site had 64 parking spaces. Due to expansions of Congress Avenue, several parking spaces and the perimeter landscape buffer at the east property line were eliminated, leaving the 45 existing spaces. In 1991, the City received a petition for an abandonment of a portion of the Old Atlantic Avenue (now known as McNab Avenue) right-of-way. Per Resolution 46-91 the city abandoned 17.5 feet of right-of-way to the property owner. The property was rezoned from MI to MIC (Mixed Industrial and Commercial) in 1990 as a part of the Citywide Rezoning associated with the adoption of the Land Development Regulations (LDR) . . . City Commission Documentation - Meeting of July 5, 1994 Landscape Waivers - Congress Plaza Page 2 The applicant proposes to redesign the parking lot for the existing industrial structure to add 19 parking spaces. The applicant also proposes landscaping improvements which meet requirements for new spaces, address outstanding landscape code violations, and meet October 1, 1993 landscape compliance requirements. Two locations on the site, as approved by SPRAB will require the following landscape waivers. At the east perimeter of the site, the applicant has proposed the removal of 5' of pavement for the addition of a required perimeter buffer. The proposed materials in the buffer area are Live Oak trees and Cocoplum hedge. The driveway at this location is proposed at 10' rather than the required 12' width. This driveway could be widened to meet the 12' minimum. Staff recommends the following changes at this location: * Reduction of the provided buffer to 3' adjacent to the building to permit the minimum 12' aisle width. * Replacement of the proposed Live Oaks with Pigeon Plum or Dahoon Holly. The reduction of the width of the landscape buffer requires the proposed waiver. Per LDR Section 4.6.16(H)(3)(j) landscape islands are required at the ends of all parking rows. Required terminal landscape islands have not been provided at several locations in the parking row adjacent to the north side of the building. The spaces in this area are in four distinct rows, separated by overhead doors. The code requires that each of the four rows be provided with terminal landscape islands. Terminal islands are provided at the south end of the southernmost and the second southernmost rows. The applicant has requested a waiver of the requirement for the remainder of these rows because the islands would complicate access to the loading bays for the overhead doors. As the non-conformity is existing, will not be expanded, and in view of significant landscape upgrades which are proposed elsewhere on the site, the requested waiver can be supported. REQUIRED FINDINGS: Per LDR Section 2.4.7(B)(5), the body approving any waiver must make findings that granting the waiver: a) Shall not adversely affect the neighboring area; b) Shall not significantly diminish the provision of public facilities; c) Shall not create an unsafe situation; or . . City Commission Documentation - Meeting of July 5, 1994 Landscape Waivers - Congress Plaza Page 3 d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. a) The requested waiver would only affect the width of a required landscape buffer between two industrial properties. All required plant materials will be provided in the buffer. As there is currently no buffer between the two properties, the proposal will have a positive effect on this location. b&c) The waiver affects aesthetic issues only and will not have an impact on public facilities or public safety. d) The waiver is of a type which has been commonly granted to accommodate required facilities for developments. The applicant would be granted no special privilege or advantage from the waiver which is not available to any other property owner in similar circumstances. All of the required findings for the granting of a waiver can be made. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: SPRAB considered this item at its meeting of June 29, 1994. The Board voted 5 to 0 to approve the site plan and landscape plan and 5 to 0 to recommend approval of waivers to LDR Sections 4.6.16(H)(3)(d) and 4.6.16(H)(3)(j). RECOMMENDED ACTION: By motion, approve waivers of LDR Sections 4.6.16(H) (3) (d) and 4.6.16(H)(3)(j), to reduce the required perimeter landscape buffer at the east property line from 5 feet to 3 feet and eliminate several terminal landscape islands, for Congress Plaza. Attachments: * Location Map * Landscape Plan . w ::> z w > 4: M.w, 1st st. (@) ~ OR. ANOR£S WAY J tJ iii el- I CONGRESS I PLAZA . ~ . cC= II ~i ~¡ " I' \ 'I -J- \ Ii -_._~-- - . ... - -- I: \ :1 - I --, \';. :1 . ~ - ..: I 'i -' (4') i ! t) ~ ,\ il - ,,1I:c ~ :: II ~ ... rt " , ~ ~... :\ :' ~ ;~. \!\ . ~ ~ "Ç ~ ~ ¡ j i ~ ¡ l' ! !'; I ¡.I iji ~I ~ ., ,/t' i ¡ , I I i --- ¡ 1 i , I , - < ~ " . . 77 / <;' é''' ~~ (,¡< ) , .·u(. ......'r ." I 1;,' .......- .--..--.- ---~- r_/( / L .~ [IT' DF DELIA' BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 ........ AlI-AnB1caClty " III! 1993 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Beach Cleaning Service Contract DATE: June 7, 1994 The contract for the beach cleaning services with Universal Beach Service Corp. expires on September 30, 1994. The contract specifies that each party is to meet 120 days prior to the expiration to negotiate the terms for the ensuing three (3 ) years. If that fails, there is then a formula that goes into effect to determine the compensation for Universal Beach Cleaning. Mr. John Peart, President of Universal Beach Service, indicated that a 3% cost of living increase for the next three year renewal period would be acceptable to him. His current compensation is $62,000 per year and a 3% increase is $1,860 for a total of $63,860 for each of the next three years. Please advise how you wish to proceed. Ù Parks and Recreation cc: Joe Dragon Assistant Director of Parks and Recreation Ref:dhbcscon THE EFFORT ALWAYS MATTERS g;< . . ., f . ,', CONTRACT FOR BEACH CLEANING SERVICES This CONTRACT FOR BEACH CLEANING SERVICES, entered into this .:..c" day of _ Jzð-UI7I/&.v.J, 19!1.1, by and between UNIVERSAL BEACH SERVICE CORP.. a Florida corpo"ttion. hereinafter referred to as "Universal," and THE CITY OF DELRA Y BEACH. a Florida munic'p.tI corporation, hereinafter referred to as ·City." WIT N E SSE T H: WHEREAS, Universal is engaged in the business of beach maintenance, cleaning and debris removal; and WHEREAS, the City owns certain beach property located within Palm Beach County, Florida, adjoining the Atlantic Ocean comprising of approximately 1.4 miles extending north-south along the Atlantic Ocean; and WHEREAS, City is desirous of engaging the services of Universal for the purposes set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, the parties hereto agree as follows: 1. SCOPE OF SERVICES. The general scope of services to be performed by Universal shall be to clean and maintain, in a reasonable manner, the entire length of the City's public beach during the term of this Agreement. Universal intends on providing these services on the basis of five (5) days per week, with overlapping stretches of beach being cleaned and maintained each day, weather and environmental conditions allowing. More specifically, Universal agrees to provide the following services to the City with respect to the subject contract: A. Hazard Manaszement. Universal has unique equipment available to lift and remove from the beach foreign material up to 1,500 pounds, to grade areas of beach and move fill from place to place in order to attempt to correct hazardous conditions that may develop from time to time. U ni versal agrees to provide such hazard management services as the City shall reasonably request with such services, by way of example, including the removal of broken glass, the shoring of eroded and deteriorated walkways by moving fill into place around them, grading storm cut escarpments, removing threatening debris and removing or recovering stairways and rip-rap which were covered by sand pumping and became exposed by erosion. Universal's services shall, however, be limited to those reasonably within the capability of the equipment within Universal's possession. Universal agrees to be available for the performing of such services on an emergency basis and shall re6pond to the 9-25-91 1 . . request by the City for the correction of such hazardous conditions as promptly M reMonably possible; it being understood by the parties, however, that in the event the City shall recognize minor hazards such as broken glass bottles or debris of a nature that can be removed by hand by either the lifeguards or other reasonably available personnel of the City, that such removal will be accomplished in that manner by the City immediately upon recognition of the hazard. B. Erosion control. Universal possesses certain equipment capable of providing limited beach repair and erosion control measures. The City is from time to time in need of certain measures for erosion control and beach repair and, accordingly, Universal agrees to provide the following services to the extent of the reasonable capability of Universal's equipment: (1) Backfilling of washouts, particularly at the foot of eroded stairs and/or entrance ways, (2) Grading of excessive sand deposits, (3) Grading of escarpments to a more easily navigated slope, (4) Adding sand to and grading around lifeguard stands. Universal's services as to erosion control and beacb repair as provided herein are intended to promote vitality to the dune vegetation, to sustain the contour I of the beach better against further wave action and to maximize tbe useab!e sandy portion of the beach for recreational enjoyment and coastal preservation in general. These measures are taken by Universal in an attempt to effectively control, limit or eliminate sand erosion problems on a day to day basis, and although they provide stabilization for beach preservation they cannot be guaranteed due to the destructive potential of major storms. C. Debris and trash removal. Universal agrees to remove all trash and debris, including wood, plastic, glass, rock and metal objects deposited on the City's beach by the ocean or by bather usage seaward of -the Scavolea line. U ni versa! shall remove and dispose of all such trash and debris as collected from the beach by transporting the same to the county's existing transfer station. Universal shall empty and maintain the refuse containers (reCuse shaJl mean garbage-trash as these items are commonly understood) on the beach a minimum of five (5) days per week; Universal covenants that such service will be provided every Sunday and services on the remaining Cour (4) days shall be adjusted so that no large accumulations of refuse will be left unattended to. .-' 9-25-91 2 . (, '. , Universal shall maintain the area around the containers in a clean and sightly . manner. Universal further agrees that it shall properly dispose of the collected refuse and shall pay any and all disposal fees associated therewith. D. ~eagrasses. Seagrass is to be raked one (1) time per week from 300 feet north of N2 lifeguard stand to the north property line of the Public Beach; from 300 feet north ()f N2 to the south property line of the City Beach to be raked twice a week; the Atlantic Dunes Park Beach cleaned and raked tbree (3) times per week. Any seagrass selected for dune reconstruction shall be suitably clean, devoid of debris, litter, tar etc. Universal shall remove from the beach and transport to the county landfill site any seagrass inextricably combined with debris, tar, dead marine organic matter or other items not suitable for reconstruction in Universal's discretion. During the initial term of this Agreement, the City is hereby granted the option to increase the frequency of service from that set forth above to a level of six (6) days per week, in overlapping sections, with the entire beach being cleaned and raked three (3) . times per week for an additional cost of Five Thousand Dollars ($5,000.00) per year. In the event the City elects to increase the level of service pursuant to its option herein provided, the City shall provide Universal with fifteen (IS) days advance written notice prior to the end of any given month, and the additional compensation due Universal shall be prorated over the remaining number of months in that year. By way of example, in the event the City notifies Universal that they elect to increase said level of service after six (6) months after the initial term of this Agreement, Universal will be entitled to an increase in compensation in the amount of Two Tbousand Five Hundred Dollars ($2,500.00) for the remainder of tbe first year and Five Thousand Dollars ($5,000.00) for each subsequent year during the initial term of this Agreement. E. Storm Condition and Beach Restoration Proiect Debris Removal. In the event of a hurricane, major storm or act of God, heavy oil accumulation or abnormal accumulation of marine vegetation, debris and rocks deposited upon the beach as a result of the City's prospective beach restoration project ¡"'hereby conditions are created that an unusual and excessive amount of material is deposited on the beach, then upon Universal's request and tbe City's reasonable approval that such deposits are indeed excessive, the City shall provide dump trucks, drivers, and disposal fees to haul aqd dispose of 9-25-91 3 . such unusual and excessive debris and materials. In the event of a hurricane, major storm or act of God as determined by the City, the City shall provide dump trucks, drivers and disposal fees to haul and dispose of debris and material from the beach. In the event of a hurricane, tropical storm, heavy oil accumulation or abnormal accumulation of marine vegetation, the City reserves the right to use its own force or contract for additional services to get the beach cleaned as rapidly as possible in coordination with Universal's cleaning acti vities. F. Landscapinl!;. Universal will provide services for the maintenance of the foredune vegetation areas wbicb will include tbe deposit of seaweed mulcb in and around tbe foredune vegetation at the direction of the City and the careful hand raking of tbe foredune vegetation area in the event debris is deposited by storms from tbe ocean into tbat area. 2. TERM. This Contract shall commence on tbe first day of October, 1991, for a term of three (3) years and shall automatically renew for additional terms of tbree (3) years each upon the same terms and conditions be rein unless terminated by either party in writing at least ninety (90) days prior to tbe expiration of eacb such term. 3. COMPENSATION. In consideration for Universal's providing tbe services bereiDabove described, the City agrees to pay to Universal the annual "base compensation" of Sixty- two thousand and nol100 ($62,000.00) per year during the term of this Agreement. Upon the expiration of the first three (3) year term and each three (3) year term thereafter the parties hereby agree to meet one hundred twenty (120) days prior to the expiration of each said term to negotiate the base compensation for the ensuing three (3) year term. In the event the parties shall fail to negotiate the base compensation for each said renewal term prior to the expiration of the existing term and in the event this Agreement shall not have been terminated pursu'!nt to the provisions of Section 2 above then said base compensation for each such subsequent three (3) year term shall be determined as follows: For each subsequent three (3) years the annual base compensation shall be increased by the increase in cost of living, if any, on the basis of 1982=100 in tbe Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor with a fraction the numerator of which being the cost of living index for the month of August for then current year for sucb adjustment and the denominator being the cost of living index for the month of August of thi: first year of such three year term multiplied by the base compensation for such immediate past three year term (By example, in the event during the second three (3) year term of the contract the cost of living for August 1994 was 150 and the cost of living index for August 1991 was 135 the base compensation for the immediate prior tbree (3) year term would be multiplied 9.25-91 4 . ~ by 1.111 to arrive at the new compensation for such subsequent three (3) year term. Notwithstanding the foregoing, in no event shall any increase in the 'base compensation' as a result of this adj ustment be more than the lesser of (i)seven percent (7%) of the base compensation for each of the preceding three (3) years nor (ii)more than twenty-one percent (21%) of the base compensation for the entire preceding three-year period. Said 'base compensation' shall be paid to Universal in equal installments payable on the first day and 15th day of each month commencing on the first payment day following the execution of this Agreement. 4. ACCESS. The City agrees to provide Universal with free access to the City's beach property and not to interfere with the performance of the service herein contracted for; provided. however, that the City may reasonably restrict Universal's access to the beach for safety reasons or emergencies. Notwithstanding any other provisions of this Agreement to the contrary, the City hereby reserves the right to restrict Universal's raking operations on portions of the beach to comply with turtle protection ordinance and law requirements as they may be imposed from time to time during the term of this Agreement. 5. STORAGE OF EQUIPMENT AND LIST OF CURRENT EQUIPMENT. Universal agrees to provide its own storage for its equipment. No equipment will be stored on the beach, City property, or City rights-of-way without the City's express advance consent. Universal represents to the City that the equipment set forth in Exhibit ·A· is currently in service and that Universal will utilize the same or similar equipment for performing its obligations under this Contract. 'h~_ 6. HOURS OF SERVICE. Universal may begin work at 5:30 A.M. and work until 10:30 A.M. on each work day. If in the case of an extremely heavy accumulation of debris Universal finds it necessary to work past 10:30 A.M. or begin earlier than 5:30 A.M., approval must be obtained from the Director of Parks and Recreation which approval may not be unreasonably withheld. Sc ve re weather conditions, acts of God, and matters beyond Universal's reasonable control (such as lack of access to the barrier island due to bridge failures et cetera) are acceptable reasons for Universal failing to provide cleaning services on a scheduled day. For each day that Universal shall fail to provide service without an acceptable reason there shall be a deduction in the com pensation due J Universal in the amount of 1/25 of Universal's monthly payment. Services shall be rendered by Universal on all holidays that fall on a regular scheduled wor\¡ day other than December 25. 7. LICENSES. Universal agrees to maintain all necessary licenses and permits required for Universal to provide the services required herein and tbe City sball carryall permits required of it as the 'Owner' to ha~e its beach maintained. 8. DISPOSAL COSTS. Universal agrees to provide disposal services at its expense for all debris, seagrasses, and trash removed from the beach; however, in that Universal's disposal costs through the Solid Waste Authority sites are not within Universal's control, the City agrees to pay to 9-25-91 5 I . Universal any increase in the disposal tipping fees or dump cbarges incurred by Universal in disposing of the City's debris, seagrasses, and trash removed from the beach in excess of the amount incurred during the first year of the term of this Agreement. The City shall have the right to review and audit all records kept by Universal with respect to such costs. Such excess sums shall be paid to Universal within thirty (30) days following submission to the City of an invoice and documentation as to such amounts. 9. ATTORNEYS' FEES. In the event suit is brought by either party relative to this Agreement, the prevailing party shall be entitled to collect all reasonable costs and expenses of suit, including, but not limited to, reasonable attorneys' fees. 10. LIABILITY INSURANCE. Universal, during the term of this Agreement, agrees to I at all times maintain public liability insurance relative to its business operations with limits of not less than $1,000,000.00 individual/$I,OOO,OOO.OO aggregate coverage. U ni versal, further agrees to indemnify, save and hold the City harmless from any and all damages to third parties resulting from Universal's performance of the services hereunder. In addition, Universal agrees to add the City as additional insured under said insurance policy. The above referred to liability insurance shall contain a provision requiring that notice be given to the City thirty (30) days prior to any cancellation. Universal, during the term of this Agreement, agrees to at all times maintain Motor Vehicle Liability Insurance covering death or bodily injury with limits of not less than $100,000.00/$300,000.00 for anyone accident or disaster. II. WORKERS COMPENSATION. Universal shall provide workers compensation insurance and show proof of this fact to the City. 12. REPRESENT A TIVE OF CITY. The City hereby agrees to designate the City Manager as its representative for purposes of the administration of this Contract; provided, however, that the City Manager may designate the Parks and Recreation Director to administer such of the City's responsibilities of this Contract as he shall notify Universal in advance, in writing. 13. UNIVERSAL'S LIABILITY FOR DAMAGE. Universal agrees to indemnify, save and hold the City harmless for any and all damage caused to the City's property due to the actions of Universal; provided, however, that the City shall be obligated to notify Universal of all buried objects known to the City and locate them for Universal in order to allow Universal to reasonably avoid such objects. The parties hereby stipulate and agree that the existing communication system between the lifeguard stands on the public beach are not adequately buried to assure that they will not be damaged from time to time by Universal's equipment and, accordingly, tbe City assumes all responsibilities there for. 14. TERMINA nON. Tbis Agreement may be terminated by the City upon tbe occurrence of any of tbe following: .~.. ., 9-25-91 6 '. ~ . o. M , . ~ ">t· \ A. The filing for bankruptcy by Universal, B. Universal's failure to perform its duties required pursuant to this Contract upon a determination by the City Council; provided, however, that Universal shall be entitled to judicial review of such decision. 15. ASSIGNABILITY. This Agreement may not be assigned or transferred without the express prior approval of the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 02..0 day of Î2h~J, 19.iL WITNESSES: J(~ .A ~ (~'W .:Ml- /~~~ '1tt\- /., .7y lì(,~ (St{~L) !) WITNESSES: CIT~H ~~ By: ~¿ Q"1.1 RL<dd. 0, ayor (j r ( Approved as to form: -..' B'rtlh1 ~ ì ity Attorney STATE OF FLORIDA COUNTY OF PALM BEACH Before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared JOHN PEART, to me known to be the person described in and who executed the foregoing instrument, and who, by me being first duly sworn and cautioned, deposed and acknowledged that he is the President of Universal Beach Service Corp., a Florida corporation, tbat he freely and voluntarily executed said instrument, in such capacity, on behalf of said corporation, for the uses and purposes therein expressed, and that such execution is the authorized act of such corporation. " f ( SWORN TO, St{BSCRIBED AND ACKNOWLEDGED before me by said officer this·.::~..:day of 'V~I\:U"" , 199L. I) KCG-, ). J ~'<1 \.J6'}..J... Notary Public State of Florida My commission expires: JJ-rJT'd 9-25-91 7 . . Df, &Þ1 [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr1.ter'. D1.rect L1.ne DELRA Y BEACH (407) 243-7090 f LOR IDA ..... AI~America City , III I! MEMORANDUM 1993 Date: June 21, 1994 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Agreement with Arbors Associates, Ltd. for Fire Rescue Traininq Exercises - 1625 s. Conqress This Agreement is between the City and the Owner of the office building located at 1625 s. Congress Avenue. The City's Fire Department is hoping to use this building for fire training rescue exercises. The Fire Department will be able to practice search and rescue exercises, use of chemical agents, and fire fighting techniques in this vacant building. The Agreement permits the use of the building for these purposes upon giving 24 hours notice. The City will be responsible for clean up of debris created by the training. Other local fire departments may also participate in the training exercises. This Agreement does require the City to notify the property owner for claims arising out of the use of the property, "to the extent permitted by law" . Our office reviewed the Agreement, however, and finds it to be satisfactory. Please call if you have any questions. DNT:ci Attachment cc: David Harden, City Manager Chief Robert Rehr, Delray Beach Fire Department Frank Ryncarz, Delray Beach Fire Department Sharon Morgan, City Clerk's Office ?¿ ® Pnnled on Recycled Paper '. . . , . " AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND GENERAL RELEASE, is made this day of , 1994 by and between the CITY OF DELRAY BEACH, FLORIDA (·'CITY" ) and ARBORS ASSOCIATES, LTD. ( II ARBORS II ) . WIT N E SSE T H WHEREAS, ARBORS warrants that it owns certain property located within the CITY limits of the City of Delray Beach located at the following address; and 1625 South Congress Avenue Delray Beach, Florida 33435 WHEREAS, the Delray Beach Fire Department, along with the Boca Raton, Boynton Beach, and Palm Beach County Fire Departments, desire to use the building located on said property for the purposes of training; and, WHEREAS, ARBORS permits the above-named Fire Departments to use the building for appropriate training exercises which includes the use of smoke. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. ARBORS agrees to allow the Fire Departments to enter onto the property referred herein for fire rescue training exercises after providing a minimum of 24 hours notice to the Property Manager. . - . . 3. As part of the training exercises, the partici- pants will use equipment which will cause damage to non-bearing walls, doors, ceilings, lighting fixtures, and other interior features. The participants will use saws, cutters, pry bars, hammers, and a power spre!ader in order to gain access through interior doors and walls. City shall be responsible for clean up and removal of all debris created by such training exercises. 4. ARBORS acknowledges that the CITY shall assume no responsibility for said land or structures. 5. Prior to conducting the training exercises, CITY, or its designated representative, shall review with ARBORS'S representative, the areas of the building which will be used in the training exercises. 6 . To the extent permitted by law, ARBORS and CITY shall defend, indemnify and hold harmless each other, its agents, officers, officials and employees from any and all claims, suits, causes of action or any claim whatsoever made arising from the CITY'S training activities on the property referred to herein and relating to the condition of the property after the training exercises; and any and all claims, suits, causes of action or any claim whatsoever made arising from property damage and/or personal or bodily injury caused or allegedly caused by the training exercise. 7 . No prior or present agreements or representa- tions shall be binding upon any of the parties hereto unless incorporated in this Agreement. No modification or change in 2 . , .. . . ~ the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound, thereby. IN WITNESS - WHEREOF, the these CITY has caused presents to be executed in its name by its Mayor, and attested an~. its official seal to. be hereunto affixed by its City Clerk,' ~B~ . and SRee has hereunto set its hand and seal the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor . Approved as to Form and LANDLORD: Legal Sufficiency: ARBORS ASSOCIATES, LTD., A Florida limited partnership City Attorney By: BFC/ARBORS ASSOCIATES, LTD., a Florida limit~d partnership, as _~?1l¡¡}ke General Partner of ARBORS ASSOCIATES, LTD. By: BFC/ARBORS ASSOCIATES, INC. , ~ a Florida corporation, as General Partner of BFC/ARBORS ASSOCIATES, LTD. STATE OF FLORIDA By: COUNTY OF PALM SEACH The foregoing instrument was acknowledged before me this 5IDYluiay of Ih //1 , 1994 by ))f~ úJ fJ. [~I(j¡(j 1'/U61/717~ , ( name of officer or agent, title of officer or agent), of ßrslAb6òI¿5 !kJ6oe-ill1£'5¡1""IJ(.(name of corporation acknowledging), a ¡.~ . ~LD~(pA (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to - 3 . , '10 - . . . . . . me/or has produced ( type l"''''''-'; of identification) as identification. .... - O,0í~~ gnature of Notary Public- State of Florida " Print, Type or Stamp Name of No c ¡¡;¡".", PATRICIA A WILLIAMS I~ "~~ . !.:~.\ MY COMMISSION , CC 315829 crocker.agt ~ .ÿ EXf'1ÆS: October e, 1l1li7 'Rt.... 80ndId TIInI NøIIry NIle lhItIwIIIIII 4 . 01< ~ [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr1ter·. D1rec:t L1ne DELRA Y BEACH (407) 243-7090 f lOR I D " ..... AI~America City " II J! MEMORANDUM June 28, 1994 1993 Date: To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Road Construction Agreement with the Groves of Delray, Ltd. Attached f or your approval is an agreement with the Groves of Delray, Ltd. This Agreement provides that the Groves will construct the southern portion of S.W. 10th Avenue from just north of Linton Boulevard to the entrance of the Groves Development. The Developer placed $29,090.00 in escrow with Palm Beach County in 1986 and is entitled to a credit for the amount. The total estimated cost of construction is $105,000.00. Therefore, the most the Groves will have to contribute is $75,910.00. Approval of this agreement will require the City to reimburse the Groves for any costs above $75,910.00. Approval of this agreement is recommended. If you have any questions, please call. DNT:ci cc: David Harden, City Manager Sharon Morgan, City Clerk's Office Ralph Hayden, City Engineer fJrt ® Printed on Recycled Paper " --. - .----.- ROAD CONSTRUCTION AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into as of this ___ day of , 1994, by and between Groves of Delray, Ltd. , a Florida limited partnership ( "Developer" ) and the City of Delray Beach, a political subdivision of the State of Florida ("City"). WHEREAS, the Developer wishes to expedite the construction of the extension of Southwest 10th Avenue in the City of Delray Beach to the entrance approved by the City for the 158 apartment housing complex for older persons known as the Groves of Delray ("Groves"); and, WHEREAS, the parties wish to set forth their agreement with respect to payment of the costs incurred for offsite road construction with respect to the Groves development. NOW, THEREFORE, in consideration . of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Developer do hereby contract and agree as follows: 1. Developer will immediately commence construction of the approved extension of Southwest 10th Avenue from where the existing road now ends, just North of Linton Boulevard, in the City of Delray Beach, to Station 17+70, which is just North of the approved entrance to the Groves; 2. The City will contract at some time in the future, for construction of Southwest 10th Avenue, from Station 17+70 to Southwest 11th Street, and also the approved road construction with respect to the Groves development on Southwest 11th Street. 3. The parties hereby agree that the Developer is responsible for a portion of the cost of all offsite road construction, including sidewalks, streetlights, etc. , up to $105,000.00. Developer has a credit due it in the amount of $29,090.00 from the City as a result of funds placed in escrow in 1986 with Palm Beach County for Groves offsite improvements. It is further agreed that if the costs incurred by Developer for construction pursuant to Paragraph #1 above exceeds the net amount due from Developer for its share of offsite road improvements, $75,910.00, then City shall reimburse Developer for such excess, and if the documented costs incurred by Developer for such construction are less than $75,910.00, Developer shall pay the amount of the difference between $75,910.00 and such lesser cost to the City. . . 4. This agreement shall be governed by and construed in accordance with the laws of the State of Florida, both substantive and governing remedies. 5. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or be registered expedited service at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery. CITY: Delray Beach City Attorney's Office 200 Northwest First Avenue Delray Beach, Florida 33444 Attention: David Tolces, Esq. Telephone: 407-243-7090 Fax: 407-278-4755 DEVELOPER: . Groves of Delray, Ltd. 499 Boynton Bay Circle Boynton Beach, Florida 33435 Attention: Thomas G. .Hinners Telephone: 407-735-0777 Fax: 407-731-1457 6. If any provision of this agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions shall not in any way be affected or impaired. This agreement shall be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument and each of which shall be deemed to be an original. IN WITNESS WHEREOF, the City and the Developer have caused this agreement to be signed, sealed and attested on their behalf by duly authorized representatives, all as of the first date written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to Form and Legal Sufficiency: City Attorney 2 . . . . - _" ,_A ....... ........_,~._ '. ..~..~,.~__ _~'.'" GROVES OF DELRAY, LTD., a Florida Limited Partnership By: GROVES OF DELRAY JOINT VENTURE, its General Partner By: FLORIDA AFFORDABLE HOUSING, INC. , its Managing General Partner By: Witness Thomas G. Hinners President (SEAL) Witness STATE OF FLORIDA . COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1994 by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me/or has produced (type of identification) as identification. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public road.agt 3 . · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER //;t\ SUBJECT: AGENDA ITEM # ~N - MEETING OF JULY 5, 1994 AWARD OF BIDS AND CONTRACTS DATE: JULY 1, 1994 This is before the Commission to approve the award of the following bids and contracts: 1. Bid Award - Community Development Block Grant - Four Housing Rehabilitation Grant Awards and Contract Awards, bringing four homes up to minimum code requirements, with funding from Housing Rehabilitation (Account No. 118-1963-554- 49.19) . 2 . Computer Support for Police Department/Computer Dispatch and Modifications - A.L. Roark & Associates, Inc. ( sole source vendor) at an estimated total cost of $11,047.50, with funding from Support - Equipment Maintenance (Account No. 001-2113-521-46.20) . , . . Agenda Item No.: FJ/I AGENDA REQUEST Request to be placed on: Date: JUNE 21, 1994 Regular Agenda Special Agenda Workshop Agenda xxx Consent Agenda When: JULY 5, 1994 Description of item (who, what, where, how much): CASE' ADDRESS GRANT AMOUNT 93-018HR 613 S.W. 9TH COURT $19,100.00 92-012HR 351 N.W. 4TH AVENUE $20,000.00 91-056HR 323 S.W. 10TH STREET $16,060.00 91-017HR 245 N.W. 9TH AVENUE $19,320.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555- Department Head Signature: City Attorney Review/ Recomme (if Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: &/NO mv1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. . M E M 0 RAN DUM TO: DAVID T. HARDEN, CITY MANAGER THROUGH: JOSEPH SAFFO~ANCE DIRECTOR FROM: JANICE SLAZYi<, BUYER fÞ DATE~ ,JUNE 29'} 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - ~J UL Y 5 'i 1994 - BID AWARD - 94-61 - HQW9.ING R~HftfHbJIAI.!ºN.f'BQGRBM II~¡~ ....ªr;:f.ºR~ ...ÇQMM I§$. Iº~.=- The City Commission is rï2quest.ed to make multiple awards to low bidders as listed below, at a cost of $74,480.0Ø. J;fAGKGBQWNP:.. The Community Dev'elopment Division handles and pt-ocesses their formal bids on housing rehabilitation projects, with funding from their housing rehabilitation budget. Proner-tv: Ç9Dtr.ªÇ:t.ÇW::.; Amg"'lfi.t. .;. .........._....!::':................L....... 61:3 SvJ 9th Ct_ Ray Graeve Construction $19,1Ø0.0Ø 351 NvJ 4th Ave Intercontinental Constr $20,0ØØ.Ø0 323 SW 1!l1th St: Henry Haywood $16,!lI60.ØØ 245 NW 9th Ave Ray Graeve Construction $19,321l1.IlIØ TOTAL $74,,48Ø.00 R~ÇQMMI;,~P6I I ºN~_ The Purchasing Office concurs with the recommendation to awat-d to the low bidders as outlined above. Attachments: Memorandum from Community Development Bid Information Sheets cc~ Lula Butler ?t. Al I . · M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER r r' FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR Þ ç, THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT DATE: JUNE 21, 1994 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE THE COMMISSION This is to request approval for four Housing Rehabilitation Grant Awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends Housing Rehab Grants be awarded for the following: Case4/: Address Grant Amount 93-018HR 613 Southwest 9th Court $19,100.00 92-012HR 351 Northwest 4th Avenue $20,000.00 91-056HR 323 Southwest 10th Street $16,060.00 91-017HR 245 Northwest 9th Avenue $19,320.00 HR2 '. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID =It: 94- 61HR APPLICANT: ELLA JEAN SLOAN APPLICATION =It: 93-018HR PROJECT ADDRESS: 613 SOUTHWEST 9TH COURT DATE OF BID LETTERS: MAY 20, 1994 DATE OF BID OPENING: MAY 31, 1994 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ ALPHA ULTRA INC. $21,520.00 (LESS FLOOR TILE) B & JR CONSTRUCTION $ ARTHUR BADALOO $22,265.00 INCOMPLETE BID CHARLES JACKSON $ CSB CONSTRUCTION $ INTERCONTINENTAL CONSTRUCTION CORP $ 18,725.00 (LESS FLOOR TILE) HENRY HAYWOOD $ HUMMERT CONSTRUCTION $ MJD CONSTRUCTION SERVICES $ CARLO MERCURIO $ PRESTON CONSTRUCTION $ RAY GRAEVE CONSTRUCTION INC. $ 18,190.00 (LESS FLOOR TILE) SOUTH FLORIDA CONSTRUCTION $ RADA ENTERPRISES, INC. $ 23,568.00 INCOMPLETE BID IN - HOUSE ESTIMATE: $ 19, 295. 00 CONTRACTOR AWARDED CONTRACT: RAY GRAEVE CONSTRUCTION INC. BID/CONTRACT AMOUNT: $ 18,190.00 COMMENTS: LOW BIDDER BIDFORM/PGl '. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 94- 61 - APPLICANT: REBER ROWELL APPLICATION #: 92-012HR PROJECT ADDRESS: 351 NORTHWEST 4TH AVENUE DATE OF BID LETTERS: MAY 20, 1994 DATE OF BID OPENING: MAY 31, 1994 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ ALPHA ULTRA INC. $ B & JR CONSTRUCTION $ ARTHUR BADALOO $ 34,325.00 (INCOMPLETE BID) CHARLES JACKSON $ CSB CONSTRUCTION $ (LESS REMOVAL OF FLOOR INTERCONTINENTAL CONSTRUCTION CORP $ 19,730.00 TILES AND SHOWER MODULE) HENRY HAYWOOD $ HUMMERT CONSTRUCTION $ MJD CONSTRUCTION SERVICES $ CARLO MERCURIO $ PRESTON CONSTRUCTION $ (LESS REMOVAL OF FLOOR TILE RAY GRAEVE CONSTRUCTION INC. $ 21,855.00 AND SHOWER MODULE) SOUTH FLORIDA CONSTRUCTION $ IN - HOUSE ESTIMATE: $ 19.035.00 CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP. BID/CONTRACT AMOUNT: $19.730.00 COMMENTS: LOW BIDDER BIDFORM/PGl . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 94---º1.. APPLICANT: GERALDINE ODOM APPLICATION #: 91-056HR PROJECT ADDRESS: 323 SOUTHWEST 10TH STREET DATE OF BID LETTERS: MAY 20, 1994 DATE OF BID OPENING: MAY 31, 1994 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ ALPHA ULTRA INC. $ 18,700.00 B & JR CONSTRUCTION $ ARTHUR BADALOO $ 25,870.00 CHARLES JACKSON $ CSB CONSTRUCTION $ INTERCONTINENTAL CONSTRUCTION CORP $ 16,450.00 HENRY HAYWOOD $ 15,295.00 HUMMERT CONSTRUCTION $ MJD CONSTRUCTION SERVICES $ CARLO MERCURIO $ PRESTON CONSTRUCTION $ RAY GRAEVE CONSTRUCTION INC. $ 18.955.00 SOUTH FLORIDA CONSTRUCTION $ RADA ENTERPRISES, INC. $ 21,290.00 IN - HOUSE ESTIMATE: $ 18,495.00 CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD BID/CONTRACT AMOUNT: $ 15,295.00 COMMENTS: LOW BIDDER BIDFORM/PGl . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID :It: 94- 61HR APPLICANT: FRANK & IDELLA WILLIAMS APPLICATION :It: 91-017HR PROJECT ADDRESS: 245 NORTHWEST 9TH AVENUE DATE OF BID LETTERS: MAY 20. 1994 DATE OF BID OPENING: MAY 31. 1994 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ ALPHA ULTRA INC. $ B & JR CONSTRUCTION $ ARTHUR BADALOO $35,000.00 INCOMPLETE BID CHARLES JACKSON $ CSB CONSTRUCTION $ LESS FLOOR TILE & PANELING INTERCONTINENTAL CONSTRUCTION CORP $21,300.00 HENRY HAYWOOD $ HUMMERT CONSTRUCTION $ MJD CONSTRUCTION SERVICES $ CARLO MERCURIO $ PRESTON CONSTRUCTION $ RAY GRAEVE CONSTRUCTION INC. $18,400 LESS FLOOR TILE & PANELING SOUTH FLORIDA CONSTRUCTION $ IN - HOUSE ESTIMATE: $ 17.760.00 CONTRACTOR AWARDED CONTRACT: RAY GRAEVE CONSTRUCTION INC. BID/CONTRACT AMOUNT: $ 18.400.ÙO COMMENTS: LOW BIDDER BIDFORM/PGl I . . Agenda Item No.: f AI ,:¿ AGENDA REQUEST Date: 6/28/94 Request to De placed on: "X" Regular Agenda Special Agenda Workshop Agenda When: Jllly 5. 1994 Descriptlon of agenda item (who, what, where, how much) : ComputQr S11pport For PolicQ DQpartmQnt Comp1ltAr nj ~patcp and Modifications V€lndor: à L Roark & Associates, Itlc €lstimàtQd cost of $11,0<17 50 ORDINANCE/ RESOLUTION REQUIRED: Y2S/NO Draft Attached: YES/NO Recommendation: RQcommended uendor - "A T. Rn;::¡rk ^' "ARRnr;;::¡tpR. Tnc. F.st,;m;::¡tpn t nt ;::¡1 rnRt. $11.047,1:)0. Department Head Signature: , Determination of Consistency wi omprehensive City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds) : Funding available: ~ NO Funding alternative . (i1=æflica~le) tJ- Account No. & Descri~ti~: ro/-7J ¡-b--b¿.¡. 4-b-2ø S1Å,P -~U.I. JA,Ad I. Account Balance: ~~I ~ . City Manager Review: Approved for agenda: ~/ NO t#vf Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved , . M E M 0 RAN DUM TO: DAVID Tm HARDEN, CITY t1ANAGER THROUGH: JOSEPH SAFF~NCE.DIRECTOR FROM: JANICE SLAZYK, UYER' )---- JUNE 28, 1994'·'.Jj DATE: SUBJECT: DOCUMENT A T I ON .- C I TV COMM I 5S I ON MEET I NG- J UL Y 5, 1994 - COMPUTER SUPPORT POLICE DEPARTMENT I COMPUTER DISPATCH AND MODIFICATIONS J t.~m'm' ߧ!'f. ºt.:-:~", ç!, t.:y", çqmm:i:, ?2,~ 9D The City Commission is requested to make award to A. L. Roar I< &: Associates, Ioc.. for Support - Law Enforcement Records Management System, Computer Aided Dispatch and Modifications at a total cost of $11,047.50. ß.ªç,~:gr.:º':::m~;, The Computer Aided Dispatch Syst,em 15 an automated tool designed to assist: public safety agencies in the perfonnance of dispatching activities. R§:'çºmmg[!ºªt.~, QO ,; Staf"¡: recommends A. Lm Roark ;& Pissoci ates '; Inc:lõ at an estimated cost of :$ 11 '; 047. 50. et.t.ªçhm~Qt2; Memo from Police Department IrlV(Ji !.:e' Requisition f· N· ~ . . DELRAY BEACH f I 0 .. I \) " Delray Beach Police Department tdb:II AlI·AmericaCity 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 , lilt! (407) 243-7888 Fax (407) 243-7816 1993 MEMORANDUM TO: Jan Slazyk, Buyer Purchasing ~ FROM: David Junghans, Administrative Officer DATE: June 29, 1994 SUBJECT: A.L. ROARK & ASSOC. EQUIPMENT UPGRADE Enclosed please find supporting infonnation concerning the A. L. Roark & Associates software upgrade for two (2) existing department systems. A. L. Roark originally installed the equipment and is the sole source vendor for the upgrade. DJ/ppt Enclosure . LAW ENFORCEMENT RECORDS MANAGEMENT SYSTEM: The Law Enforcement Records Management Module (RMS) is an automated tool designed to assist law enforcement personnel in maintaining, searching, and re-displaying information from the various segments of the data base. The system allows the user to retain all contacts by the civilian population with the law enforcement agency and the reason for the contact, whether criminal or non- criminal related. The system develops various summaries and displays the information in a manner that will allow the user to recognize patterns in reported incidents and to match subjects, vehicles, weapons, evidence, stolen property, and modus operandi to criminal activities. It provides for the entry of booking information and the maintenance of final disposition information on each arrest. COMPUTER AIDED DISPATCH AND MODIFICATIONS: The Computer Aided Dispatch System (CAD) is an automated tool designed to assist public safety agencies in the performance of dispatching activities. The system aids the personnel receiving calls for service from the public and assists in assignments of appropriate units. The system allows the user to retain all contacts by the public with the agency, plus the nature and disposition of each contact. All data segments within CAD are based upon the externally defined database available on the system. The database accessed by the dispatching functions are composed of the following segments: Various jurisdiction segments Code segments Duel workstations link segment Geo-base segment Dispatcher queue segment Fire run card segment Coverage segment Premises segment Hazardous material segment Communications with other agencies segment Logging activity print out segment Street closure segment Out of service fire hydrants segment Rotation of wrecker/ambulance segment Message handling segment Shift change segment Telephone contact segment Help screen segment " ~ - ~ F' I () :~':':'~ i;.':') LJ ~?J :~':':': C:.~ i -1::. ~}/ C)-{ I)plr"ay Bes(::t·} F:"lof":i{:.10 /" ./ ....: 'T ./ C) /:~¡ .... . f\Ì~') ¡,.., j.?} Q') {?J III ~.;.:! :~? (:1 1 ~2 ~:::; ¡:~{.lr-(:!·lase Re(~t.l:L~3j.t:L(Jr·1 .... F·:: ! \/i::·; ·'· r~' ( ::J I.::: t·~, ~:::. "::; .1. C'! CJ .lll;: (:~. /:. ~: :'::~': :'¡? -j". ..... ..., :i. r"! + C) ¡.... in ,;'::'!, t:, i C) n ¡.î r:) ¡,.. C::' '::::. 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I :::~; F' (:!'T i :: ¡.".j :t :~ ''; i.Z; ,t.I· ':? ~ ~.:5 iZj Ç"} {ð :L :\. 'i V} It :.:.:" :1 ~.,:'.; (.~1 ::::;:::::[- ~. :!. t... F' ~:.':J ~:::: r;.~ (::.! + r" :'::"::. ';;,;. ;...; r:' '7' .:::: :C- :i. ':::) r) J ,:::'¡. ~i t t:. ;:.:~':' (i! ': ::' u. Li '1:: C)'~:.~ .::;. ]. F· .t :',,?:. : C::" ;. r"! c: ¡.::-:, J F J ~.;5 :-.::: ¡ 3 J. Li l;) _::':i. ]. '.'::i:t .~::' t;-" :i. b ..I. '1' .I. c!n F 11~) ::::; F~ ( :' c: E:i, 1. ("' :i. L ~:-:.'(n .:::.1...'.1:::; t ()t:. E!. J ':~'. :! ¡--i/I:" ....,. r·, :\il,.) ¡';.:"", .!,:. !'! I r-'! J J ~"', ¡ )) E: Î.... r:.: !~::.¡ '..{ ¡ ; }-.j ¡ ::: F3 '::::'!'''j . · ;2(0 Idv~ ft~ ?ffi ,5)[)~\9E June 15, 1994 Ms. Tina Lunsford " Delray Beach Police Department 300 W. Atlantic Avenue Delray Beach, FL 33444 Invoice #: 198 INVOICE Support - Law Enforcement Records Management System, Computer Aided Dispatch and Modifications From August 1, 1994 to July 31, 1995 $12,275.00 Less 10% Discount for early payment (if received in our office by July 8th, 1994) -$1,227.50 TOTAL $11.047.50 TERMS: Net Due Upon Receipt Thank You. k :linvoicesldeI0614a.inv A. L. Roark & Associates, Inc. 406 Rosemont Garden · Lexington, Kentucky 40503 · 606-278-9581 . Fax 606-278-3355 , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 11ft SUBJECT: AGENDA ITEM # ~A - MEETING OF JULY 5, 1994 REPORT OF APPEALABLE LAND USE ITEMS DATE: JUNE 17, 1994 Attached is the Report of Appealable Land Use Items for the period June 20 through July 1, 1994. 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. . . . "'J~ ( ì [7,. ) I C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: PLANNER SUBJECT: MEETING OF JULY 5, 1994 REPORT OF APPEALABLE LAND USE JUNE 20, 1994 THRU JULY 1, ACTION REQUESTED OF THE COMMISSION: The action requested of / . .. is review of the /Cl.ty Comml.SSl.on appealable actions which were made by various Boards during the period of June 20, 1994, through July 1, 1994. 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. PLANNING AND ZONING BOARD REGULAR MEETING OF JUNE 20, 1994: 1- Approved (6 to 0), with conditions, temporary closures of NE 3rd Street and NE 5th Street at 7th Avenue. The Planning and Zoning Board also considered the following items which will be forwarded to the City Commission for final action: * Recommended (6 to 0) approval of a small scale Future Land Use Map Amendment (Advisory Designation) for the . . , . City Commission Documentation Appealable Items - Meeting of June 21, 1994 Page 2 DiMarzio Property, located on the north side of w. Atlantic Avenue, west of Homewood Boulevard. * Recommended (6 to 0) approval of a Rezoning from MIC (Mixed Industrial and Commercial) to CF (Community Facilities) and a Conditional Use for the CoTran Satellite Facility on a 7.492 acre parcel located on the northwest corner of Congress Avenue and NW 1st Avenue. * Recommended (5 to 1) approval of a proposed Text Amendment to the LDRs providing limitations on the size and height of accessory structures in residential zoning districts. * Recommended (6 to 0) approval of a Conditional Use for Real stone and Granite, an ornamental stone cutting facility located on the west side of SW 15th Avenue, north of SW 10th Street. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JUNE 29, 1994 A. Approved (5 to 0) , with conditions, Elevations for a modification of an approved wall for The Groves of Delray, located on the east side of SW 10th Avenue extended, north of Linton Boulevard. B. Approved (5 to 0), with conditions, the Site Plan and Landscape Plan for an F. P. L. Substation, located south of Lake Ida Road, west of and adjacent to the c.s.x. Railroad right-of-way. C. Approved (4 to 0) , with conditions, the Site Plan, Landscape Plan and Elevations for The Antillies, a proposed l2-unit townhouse development located at the southeast corner of Venetian Drive and Miramar Avenue. D. Approved (5 to 0), with conditions, the Site Plan and Landscape Plan associated with a Minor Site Plan Modification for parking lot additions and landscape improvements at Congress Plaza, an existing industrial building, located on the southeast corner of Congress Avenue and McNab Road (Old Atlantic Avenue). Recommended (5 to 0) to the Commission approval of landscape waivers for Congress Plaza. 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 JULY 5, 1994 L-.J( CANAL --.-.--.-.-. .-.-.--.-.-.-. co i lei ~ i ;;;) ~ t: j ~ ~ .... Z t; ~ i ~ w I r-·-·-- ! ¡ . ~ c. I ! 2 LAIŒ IDA ROAD I I I I i ~ u I ; I i L-.-.-: L._._._.r'--" 1IW2ST I i I ! rL.--.- ! -, r-·_·_·J SW2ST I rc~. . I I lei ! ~ r- . .. I § . ~ ~ ¡ i i I t ;;;) UlWSOtl BOULEVARD a i I i ~ I ! I i "..-. I L._ I I i J .j '! I ~._._- U III I ... -.-.-.-----.-.--.--.-.---.-.-.-.-. L-JI CANAL C-15 CANAL S.P .RA8. : P. & z.: CITY LlMrrs ---- A. - GROVES Of' DElRAY 1. - H.E. JRD STREET AND B. - FPL SUBSTATION N.E. 5TH STREET CLOSURES I UILf , C. - THE ANTILl.ES I D. - CONGRESS PlAZA SCALf - N CITY OF DELRAY B£H:H, Fl PlANNINC OEPNmlENT -- DIGITAL BASE' MAP n'S78I -- . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # qB - MEETING OF JULY 5, 1994 CONDITIONAL USE/REAL STONE AND GRANITE DATE: JULY 1, 1994 This is before the Commission to consider a Conditional Use for Real Stone and Granite to allow the establishment of a monument and ornamental stone cutting facility within an existing indus- trial structure. This property is zoned I (Industrial) , and is one of the three existing 5,328 square foot industrial buildings that make up the Arnold Industrial Park. The proposal involves conversion of one of the buildings to a stone cutting facility. There will be no outside storage or activities. The majority of the indoor facility will be the storage area, and approximately 1150 square feet of the total area will be devoted to the work area and to the office and display areas. The Planning and Zoning Board formally reviewed this at its meeting of June 20, 1994. There was no public comment, and the Board approved the requested conditional use modification by a 7-0 vote. Recommend approval of Conditional Use request to establish a monument and ornamental stone cutting facility within the existing industrial structure. Cpp~ If~o . . ðl( ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~~~ "' THRU: DIANE DOMINGUEZ, D EC DEPARTMENT ß~ ZONING /'I , { , FROM: NS, PLANNER SUBJECT: MEETING OF JULY 5, 1994 CONSIDERATION OF CONDITIONAL USE APPROVAL FOR REAL STONE AND GRANITE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of a Conditional Use for the establishment of an ornamental stone cutting facility, known as Real Stone and Granite. The subject property is Unit 1 of the Arnold Industrial Park, located on the west side of SW 15th Avenue, north of SW 10th Street. BACKGROUND: The subject property is one of the three existing industrial buildings that make up the Arnold industrial Park. Site Plan approval for the three buildings was granted by the City Commission in 1987 pursuant to the LI (Light Industrial) zoning district requirements. The buildings were constructed in 1988. With the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990, the parcel was rezoned to I (Industrial). The development proposal involves the conversion of one of the three existing 5,328 square foot industrial buildings to a stone cutting facility. As the structure and all attendant facilities (parking, drainage, utilities, etc. ) are currently in place, no improvements are proposed with the petition. The proposed facility will process finished slabs of granite and other stone into custom floors, counter tops, and furniture. The slabs will be stored and processed within the structure, with no outside storage or activities. The majority of the facility (3,243 square feet) is devoted to storage area. Approximately 1150 square feet are devoted to the work area, including one cutting table. The remaining 935 square feet are office and display area. . . City Commission Documentation Real Stone and Granite - Conditional Use Page 2 Hours of operation will be 7:30 A.M. to 4:30 P.M. , Monday through Friday and 8:00 A.M. to 1:00 P.M. on Saturday. The facility will not operate on Sundays. Additional information regarding the project is included in the attached Planning and Zoning Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of June 20, 1994. Other than the applicant's presentation there was no public comment in support of, or in opposition to the proposal. The board recommended approval of the requested conditional use modification by a 7-0 vote. RECOMMENDED ACTION: By motion, approve the requested conditional use for Real Stone and Granite. Attachment: * P&Z Staff Report . PLANNING & znNING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: June 20, 1994 AGENDA ITEM: V.B. ITEM: Conditional Use Approval for Real Stone & Granite to Allow the Establishment of a r~nument & Ornamental Stone Cutting Facility < ~~,~~ == ï , IVI <0=<=<_ , ~ §U '-- - - ,I = == - . ';, . ~ ~ ~ - 11:1 IJ'-1 I ~' >--- (f) ~ ~~¡~ - - -- -"'- --'" -,.::. ~ ~ ~ - '-- (f) ~~ è ~ r - --+-' I - - ~ - - '- ~ w ~ I:;; - - c a:: ~ I-- r- f-- r--f-- _ _ _ - -t-- r- So... ~ r- -- -~ - [ ¡ '-' ~ -F - z ~ - --;: I I Ii ~ .¡ = .¡ - -- -t-- - - 0 1=='" == WI -- -f-- -- -,- -I- - J r! - u t;;;;;::; = - -+-. - ITDlID ~- : I I -- i-- @ -.,- - '-- - '--'-- ...... rH ----- -'-- STREET ~U - S. W. 10 II ¡ II ¡ II ! M~L ~ I ~ \ ¡ $ . GENERAL DATA: OWners...................Jose and Lilliam Ubilla Location.................West side of SW 15th Avenue, north of SW 10th Street. Property Size............l.l3 acres. City Land Use Plan.......Industrial City Zoning..............I (Industrial) Adjacent Zoning...North: I East: RM (Multiple Family Residential - Medium Density) South: I West: I Existing Land Use........Existing industrial condominium structure. Proposed Land Use........Establishment of a decorative stone cutting and storage facility, within an existing industrial structure. Water Servlce............Existing on site. Sewer Service............Existing on site. V.B. . I T E M B E FOR E THE BOARD: The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval for an ornamental stone cutting facility (Real Stone and Grani te) , pursuant to Section 2.4.5(E). The subject property is the Arnold Industrial Park, Unit 1, located on the west side of SW 15th Avenue, north of SW 10th Street. BACKGROUND: The subject property is one of the three existing industrial buildings that make up the Arnold industrial Park. Site Plan approval for the three buildings was granted by the City Commission in 1987 pursuant to the LI (Light Industrial) zoning district requirements. The buildings were constructed in 1988. With the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990, the parcel was rezoned to I (Industrial). PRO J E C T DES C RIP T ION : The development proposal involves the conversion of one of the three existing 5,328 square foot industrial buildings to a stone cutting facility. As the structure and all attendant facilities (parking, drainage, utilities, etc. ) are currently in place, no improvements are proposed with the petition. The proposed facility will process finished slabs of granite and other stone into custom floors, counter tops, and furniture. The slabs will be stored and processed within the structure, with no outside storage or activities. The majority of the facility (3,243 square feet) is devoted to storage area. Approximately 1150 square feet are devoted to the work area, including one cutting table. The remaining 935 square feet are office and display area. Hours of operation will be 7:30 A.M. to 4:30 P.M. , Monday through Friday and 8:00 A.M. to 1:00 P.M. on Saturday. The facility will not operate on Sundays. CON D I T ION A L USE A N A L Y S I S . . FUTURE LAND USE MAP The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). . · Planning and Zon ~ Board Staff Report Conditional Use Approval - Real Stone and Granite Page 2 The subject property has a Future Land Map designation of Industrial and a zoning designation of I (Industrial). The I zoning district is consistent with the Industrial land use map designation and a stone cutting facility is listed as a Conditional Use in the I district [LDR Section 4.4.20(D)(l4)]. CONCURRENCY Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. This proposal is the introduction of a new use into an existing industrial structure. No additional demand for any services or facilities will be created by this development. CONSISTENCY Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Conservation Policy A-le1 : The practice of monitoring groundwater conditions through installation of monitoring wells shall be continued. In addition, monitoring wells are to be installed for non-residential land uses which locate within zone 3 around the series 20 and eastern wellfields. Provisions shall be made for data from these private monitoring wells to be used in the City's on-going monitoring efforts. The County Wellfield Protection Ordinance, administered by the Department of Resource Management (DERM), determines whether or not monitoring wells are required for any property. The applicant has notified DERM of this proposal. Installation of a monitoring well or written confirmation from DERM that a well is not required will be a condition of approval for this project. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E) (5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: , · Planning and Zon 4g Board Staff Report Conditional Use Approval - Real Stone and Granite Page 3 A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The proposed use will be located in an existing industrial building in an existing industrial area. No exterior changes to the site, outside uses, or outside storage is proposed. Properties to the north, south and west are currently developed with other industrial structures. The vacant property to the east of the subject property currently has a Future Land Use Map Designation of Transitional and RM (Multiple Family Residential - Medium Density) zoning. However, a Future Land Use Map Amendment to Industrial for this area is being processed as a part of Comprehensive Plan Amendment 94-2. A rezoning of the property to LI (Light Industrial) will follow. Based on the above, the proposed use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS The proposed Conditional Use does not include any changes to the site plan. Compliance of the site, as currently existing, with the Land Development Regulations is discussed below. Parkinq: The site currently has 30 parking spaces, two of which are handicap accessible, to service 15,984 square feet of floor area. Based on 3 spaces per 1,000 square feet for 6,000 square feet of manufacturing and office area and 1 space per 1,000 square feet for 9,984 square feet of storage area, 28 spaces are required. Open Space: Current regulations would require a minimum of 25% of the total site area to be devoted to landscape area. Only 18% is provided. As this is an existing condition and the non-conformity will not be increased by the current proposal, the existing non-conformity can remain. Setbacks: The site meets all setback requirements, as listed in the Development Standards Matrix. , Planning and Zon .9 Board Staff Report Conditional Use Approval - Real Stone and Granite Page 4 Special Setbacks: Per LDR Section 4.6.4{B) (2) (4), where the front of industrial development is separated from residentially zoned property a 30' landscape setback shall be provided. The front of the subject parcel is separated from RM zoned property by SW 15th Street. While the front building setback exceeds the 30' requirement, there is currently only a 5 ' landscape area in the setback. These are existing non-conformities which are not increased by the current proposal. In addition, the RM parcel is vacant and is currently in process for a Future Land Use Map Amendment to Industrial and a rezoning to LI. Based on the above, the special setback should not be required in this case. Landscaping: The site has existing landscaping consisting of 5' perimeter buffers around the parking and loading areas, landscape islands, and some small areas of interior green space. The buffers and island have the required hedges and trees. The City Landscape Inspector has examined the site and identified several deficiencies in the existing landscaping. These items are listed as Landscape Technical Items. The applicant will be required to address these items as a condition of approval. Landscape Technical Items: 1. Replace the missing sections of the orange jasmine hedge and the missing live oak tree along the east perimeter of the site. 2. Replace the missing sections of the orange jasmine hedge along the west perimeter of the site. 3. Replace the missing sections of sod on the site and in the 15th and 16th Avenue rights-of-way. 4. All of the existing trees must be limbed up to provide 6 ' of clear trunk. REV I E W B Y o THE R S . . Downtown Development Authority: The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: As no exterior improvements are proposed, Site Plan Review and Appearance Board review is not required. . Planning and Zon .g Board Staff Report Conditional Use Approval - Real Stone and Granite Page 5 Community Redevelopment Aqency: At its meeting of June 9, 1994, the CRA (Community Redevelopment Agency) reviewed the Conditional Use request and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. ASS E SSM E N T AND CON C L U S ION S : The proposed conditional use for Real Stone and Granite will not increase the current intensity of the site. The proposal simply substitutes a new industrial use for the previous industrial tenants of the structure. Although there are some existing non-conformities (Le. insufficient landscaping to meet current requirements) on the site, these will not be increased by the current proposal. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. A L T ERN A T I V E ACT ION S : A. Continue with direction and concurrence. B. Recommend approval of the request for Conditional Use and sketch plan approval for Real Stone and Granite based upon positive findings with respect to Section 2.4.5 (E)(5) (Compatibility), Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use and sketch plan approval for Real Stone and Granite based upon a failure to make positive findings with respect to Section 2.4.5 (E)(5) (Compatibility) and Chapter 3. R E COM MEN D E D ACT ION : Recommend approval of the request for Conditional Use for Real Stone and Granite) based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to the following conditions: . Planning and Zon ~ Board Staff Report Conditional Use Approval - Real Stone and Granite Page 6 * Provide a monitoring well or documentation from DERM that a well is not required. * Address Landscape Technical Items 1 - 4. Attachment: Floor Plan Location Map Y:\PLNZN\REAL . ---_._~_.~ -~---_._--- 0 ......... un&Jn . "-""'0 100.. .A(J( I .,..,,-... V¡ t~1{¡ . ¡ " õ .~ = , . ~ '\I ,'J , ~ :.:J.- . ..'~.~.::~~~ " ~ ,~-. ' , '. . , \..;~.. ~ J ·,,~~r~~- ~ I _'ok< I I -'ok< I I -'-' I J 1 I '. '\ .. ro. ~ 1 t ;~:~i~/~? t ø . -' ø . i " ¡ I ,. . ,-, ~. ~(. _..~:~ . I -.-. I I _'ok< I I -.-. I i --- . ~ ,; '. 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I ~¡t ~. . '.J:f' - .---- - __ ",<" . ,~. ~.M. :;:::,;... " ~--. ., ' -, --...- 1""'"'-" .. ^'-. .- ~ ...' - . . . ...;.' - --- " . ~.~ .:~..~":. . I -::-t ". i li~ '. :~;~; ~ " ~ . .¡I t. ... r· 5.. ~~: ,,'. ~~: . ~.;~~~'. . ~..~ i ~ ~, ...J;:~ , ';.: "',.'1. i ~ 't.I":.-:,.....-,: ;~':, ~:~~,~~~ J¥j.~.~>: ~ , ! ~j.; ~t:~~; '. '.j _. ...., ,"lZ-;í.,/!:~3:i~1§ r I 40:" .1, ;:.~:-'":~-i".:'~.. .- .... : ..' ;~~ . . \/~, ' ~ . · M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERtft 1 SUBJECT: AGENDA ITEM i 9C - MEETING OF JULY 5. 1994 OBJECTION TO RECOMMENDATIONS OF THE COUNTY LAND USE ADVISORY BOARD/FUTURE LAND USE MAP AMENDMENTS IN THE CITY'S PLANNING AREAS DATE: JULY 1, 1994 This is before the Commission to consider registering a formal objection with the Board of County Commissioners relative to certain recommendations made by the County's Land Use Advisory Board (LUAB) regarding proposed amendments to the County's Future Land Use Map. The objections involve amendments to five ( 5 ) different properties which are under Palm Beach County's jurisdiction, but are within the City's Planning Areas. A complete description and analysis for each of the five parcels is provided in the accompanying staff report. Since the land within the City's Planning Areas will most likely be annexed to the City at some point, there have been ongoing efforts to resolve inconsistencies between the City's and the County's Future Land Use Map designations. The County initiated FLUM amendments to several properties to bring them more in line with the City's advisory land uses, while the City also initiated an amendment for a parcel on the north side of Atlantic Avenue at Hamlet Drive extended (DiMarzio property) . The goal of these amendments is that both of the land use designations will be similar enough to reduce conflicts upon annexation. On June 13, 1994, the City's Planning and Zoning Board met with the County's Land Use Advisory Board in joint session to consider FLUM amendments for ten properties located in the City's Planning Areas. On five of the amendments, the County LUAB recommended land use designations which are more intense than the City's advisory designations and more intense than the recommendations of the County planning staff. On June 20, 1994, in regular session, the Planning and Zoning Board reviewed the LUAB's actions and asked that the City Commission register a formal objection to the five recommendations, in that they are inconsistent with the City's Comprehensive Plan and with Policy 4-v of the County's Intergovernmental Coordination Element, which ensures coordination between the County's Comprehensive Plan and the plans of adjacent local governments. ref:a:agmemo13 , . ~ I C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN" CIT: ~ FROM: DIANE DOMINGUEZ~~ ~ DIRECTOR OF PLAN NG & ZONING .. SUBJECT: MEETING OF JULY 5, 1994 OBJECTION TO RECOMMENDATIONS OF THE COUNTY LUAB REGARDING FUTURE LAND USE MAP AMENDMENTS FOR PROPERTIES LOCATED IN THE CITY'S PLANNING AREAS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of obiectinq to recommendations made by the County's Land Use Advisory Board (LUAB), regarding proposed amendments to the County's Future Land Use Map. The objections involve amendments to five different properties. Location maps are attached. B A C K G R 0 U N D: This item involves properties which are under Palm Beach County's jurisdiction, but within the City's Planning Areas. The County's land use designations apply, however, the City's Future Land Use Map (FLUM) establishes advisory land use designations for these properties. As these properties will most likely be annexed into the City at some point, the advisory designations indicate the type of development that the City has established as appropriate for those areas. Under the current system, if an owner wishes to annex into the City, a FLUM amendment must be processed to formally change the County's designation to that of the City's. In June 1993, the City attempted to enter into an Extraterritorial Powers Agreement with the County which would have given the City land use authority in its Planning Areas. That agreement was not approved by the Board of County Commissioners. In order to resolve inconsistencies between the City's and the County's FLUM designations, the County initiated amendments to several properties, to land use designations which approximate the City's advisory land uses. The City also initiated an amendment (the DiMarzio property on Atlantic Avenue), which is . . City Commission Documentation Objection to LUAB Recommendations on FLUM Amendments Page 2 on the July 5, 1994 City Commission agenda for first reading. The goal of these amendments is that the City's and County's designations are similar enough to reduce conflicts upon annexation. If these amendments are approved, the City and County can enter into an agreement which would allow these properties to be brought into the City without having to process a land use plan amendment. Thus the annexation process would be smoother and much quicker. On June 13, 1994, the City's Planning and Zoning Board and the County's Land Use Advisory Board held a joint meeting to consider FLUM amendments for ten properties located wi thin the City's Planning Area. Several property owners objected to the changes, and some offered compromise designations. On five of the amendments, the County LUAB recommended land use designations which are more intense than the City's advisory designations, and more intense than the recommendations of the County planning staff. Those cases are described below. The petitions will be considered by the Board of County Commissioners on July 18, 1994, at the transmittal hearing for the County's land use plan amendment. A N A L Y S I S County Petitions No. 99 COM 1 B.!., No. 99 COM 2 B.I., and No. 99 COM 3 B. I. The above three petitions apply to property located on the east side of Military Trail, about 1.5 miles north of Atlantic Avenue. Two of the properties are developed with commercial uses (Delray Automotive and Marine, Inc. and Boylen Golf Cart Sales), and the southernmost parcel contains a vacant single family home. These parcels, which total 4.09 acres, are surrounded by properties zoned and/or developed for residential and agricultural purposes. All three are under the same ownership. The current County designation is C/5, which is a commercial land use that also allows residential development up to 5 units per acre. The C/5 land use is consistent with the County's General Commercial zoning. The City's advisory designation is Transitional, which would allow Neighborhood Commercial zoning but not GC. The proposal is to change the County's land use to CH-O/8, Commercial High-Office that would also allow 8 units per acre. The CH-O/8 would not allow GC type uses; instead, it would allow office and residential development that is consistent with the City's Transitional land use classification. With the proposed change, the existing commercial uses on two of the site would become nonconforming. During its consideration of this item, the LUAB took a position that regardless of the inconsistency between the City and County's plans, existing uses should not be made nonconforming. . City Commission Documentation Objection to LUAB Recommendations on FLUM Amendments Page 3 The P & Z Board members stated that as the surrounding area was rural and residential in character, the uses were inappropriate, and should not be perpetuated indefinitely. Nevertheless, the LUAB recommended that the County Commission deny the changes, thus allowing the inconsistencies to remain. The recommendation was made for all three parcels, even though the southernmost parcel does not contain a business, and the owner stated that he was willing to accept the CH-O/8 land use for that property. County 94-99 COM 1 This item involves a property that is immediately north of the properties described above. It is a private petition brought forward by Delray Storage, a storage and repair facility for recreational vehicles. The use is nonconforming under the County's MR-5 (Medium Residential-5 units per acre) land use designation, and would not be permitted under the City's advisory categories of Transitional and Rural Residential. The owner is proposing to expand his facility, and asked that the land use be changed on the property containing the existing use, as well as on adjacent property that would accommodate the expansion. The requested land use is CH, Commercial High Intensity, which allows a broad range 0 f commercial activities which may be regional in nature. The current City and County designations for this property are consistent with each other, however, the requested change would create an inconsistency. The City was notified of this petition when it was initially filed. On April 19, 1994, the City Commission voted to formally oppose the request to the Board of County Commissioners. At the joint LUAB/P&Z Board meeting, the LUAB voted to recommend that the front portion of the property (an area which approximates the boundary of the C/5 designation on the parcels immediately to the south) be changed from MR-5 to CH. If approved, the eastern boundary of the CH land use would actually cut across the existing buildings on the site. Thus, while the change wouldn't allow the use to expand, it would permit part of a currently nonconforming use to become conforming. In this instance the LUAB went even further in its position on existing uses than it had on the properties to the south. In those cases the Board balked at making existing conforming uses nonconforming. In this case the Board is recommending that a nonconforming use be made a conforming use, even though it will create an inconsistency between the City and County plans that does not exist today. This action was completely contrary to the entire point of this joint meeting, which was to eliminate the existing inconsistencies. County 99 COM 5 B.I. This petition involves a 6.94 acre parcel located on the south side of Atlantic Avenue, 1,500 feet west of Military Trail (just , City Commission Documentation Objection to LUAB Recommendations on FLUM Amendments Page 4 west of Sun Bank). The property is presently designated C/5 in the County, which is Commercial with an underlying 5 unit per acre Residential. The C/5 allows intensive commercial uses (General Commercial). The City's advisory designation for this property is Transitional, which allows residential development up to 12 units per acre, as well as office and neighborhood commercial uses. The proposed change is to County CL/5 for the front portion and CL-05 for the rear. These designations would allow neighborhood commercial type uses in the front, and limited commercial office uses in the rear. The surrounding uses are the Sun Bank building to the east, Humana Health Care to the north across Atlantic Avenue, vacant to the west with approval for an ACLF, and vacant residential to the south with a 5 unit per acre residential designation. At the joint meeting, the owner's representative proposed a compromise that would leave the C/5 in the front half, and apply MR-5 (5 units/acre) to the rear. Five of the 7 P&Z Board members objected to the compromise, citing the numerous vacant commercial structures within a half mile of the site (at the intersection of Military and Atlantic). In spite of those objections, the LUAB supported the applicant's position and recommended that the compromise designations be approved. PLANNING AND ZONING BOARD CONSIDERATION: At the regular meeting of June 20, 1994, The Planning and Zoning Board reviewed the actions taken by the LUAB at the joint meeting. The Board asked that the City Commission register a formal objection to the recommendations described above. P & Z Board Chairperson Jean Beer also addressed the City Commission at the meeting of June 21st, asking that the Commission object to the LUAB actions. R E COM MEN D E D ACT ION: By motion, ask the Board of County Commissioners to reject the recommendations of the Land Use Advisory Board on petitions 94-99 COM 1 B.l., 94-99 COM 2 B.l., 94-99 COM 3 B.l., 94-99 COM 1, and 94-99 COM 5 B.l., in that the LUAB's recommendations are inconsistent with the City's Comprehensive Plan, and with Policy 4-v of the county's Intergovernmental Coordination Element, which ensures coordination between the County's Comprehensive Plan and the plans of adjacent local governments. Attachment: * Location maps for subject petitions , ---- --- 99 COM 1, 2 & 3 B.I. FROM: CIS To: CH-D/B ----- -- --- · 'u j '··~~~L·· I~f{.:j' :. . 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ROAD ; I I I I~ il CANAL r-----------------" CANAL L-J1 : ..J~ ~ "- I 1./ "- I rJ o//l ~~ ~,9 --~........ "A DELRAY I n e....Æa ~ c:::~ '=: . J -( J ~ 0 6 0 Q ~ 0 -:'1 I I I / '-" r ccumlY IWIOIIS !lOAD :.c "< i~~ ~O ~5JO""'" U~ 0[2 ~ ) IF k1 < ~ I ~ 0 ~~, ~ 0 0 CD - ~ ~ LAKE IDA ROAD '" \ I u I I I .il I ¡OIIJJJ;;D :=[J',......¡I / 0-d IT ! ! , I I t= I ~ I I I I I I ~ I I I 1 f-L! --} =11 ! H 1,1,1 ~I- 1\ I ¡II.I!~ DRvt - ---j I" ,.. ! ! I ! I ~ f-- r-r- :'!: ¡ I""'fj' t ~ ADVISORY lAND USE ¡ ¡ I I N ~ II:: RLW. ~~: j , i fj;¡ i /' ~K ~ - RURAL RESJDENT1Al. - ~ - 'r---I.IJ \\. ¡·:·:·:·:·:·:·:':·:1 ADVISORY I.AND USE \., ¡ L.1J..J. ~ J ì .::::::::. - ~smoNAL. - . . . . oK ~ £IT' OF DELAA' BEA£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line DELRAY BEACH (407) 243-7091 F LOR I D A -...e.d MEMORANDUM AII·America City " 1111ATE: June 29, 1994 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Waterford Impact Fee Return Our office has been contacted by Alan Ciklin who represents Water ford DR I and Builders Square asking that the City refund to them $278,000.00 the City is holding as a guarantee for road improvements to Southwest 10th Avenue and S. W. 10th Street. (See attached letter). The County has approved an agreement with the City to pay to the City up to $278,000.00 from road impact fees to make the improvements. However, the City will not receive the funds in a lump sum from the County, but will receive funds periodically upon submission of invoices. The Waterford condition of approval indicates that the City will return the $278,000.00 guarantee when payment is received from the County. The attorney requests repayment of the entire sum at this time. Our office requests that this matter be placed on the City Commission July 5th agenda for consideration of the request by ~neY for Waterford DR! and Builders Square, Attachment cc: David Harden, City Manager Alison McGregor Harty, City Clerk Diane Dominguez, Director of Planning and Zoning Sharon Morgan, City Clerk's Office Alan Ciklin, Esq. Yìl~ tdÆl¡ø -3& / ( Smi'lh ci '55611 ii09) ® Printed on Recycled Paper ~ {}&M-~ Ixtd ~~ CfD '. ' . LAW O""ICItS ~ BOOSt: CASEY CIKLIN LUBITZ MARTENS McBANE & O'CONNELL ~ PAATNIASHI" INCI.VOIN<i ....Of"E$$IONAI. AS50CI¡l.TlO",S I , .lO.& I~ I.. ACKE" of¡l.N. .l", OAIOO"., S. KINO ¡>H/L.I./~ O· O·CONNELL. .,.. (1$07-18.7) IAúC& a "'LCICANCE". ".1., CI'l.....I..IS 0\, I.U.,TJ. P.A. ,II:,.A\.I:I .. III". ....... 1010lil1" C L.UNS,Q"O - 10lil11.1./,..... It. .0051E. m. ..,.,. RICHARD I.. MARTINS. ".A. 0" C::ÒUN$tl. ,",OHN þ. 'OV ( N. ".A, I.OUIS It. MçIANE. ,..,.. Nell. S. .""11"" ,....,....ICK ..J. C....Ey. "..11. T'IoIOTWt P. MçC..."'THY, ,..,.,. ..JOHN I.. IU:NSCIiI ALliN , . CIKLIN. 1'\ A. CI.AUOIA M. NçK£NNA ----- MI~I1"CI. VII ¢ONNO". NO!,!"I' o. (5KIP) ....11.1.11'1 NOltTH."¡t>GI TOWI" I , Ie'" 1"1.00" 1t0.IRT \,.. CAAN£. 1'\.11, IAIAN M. O·CO"lHEI.L. P."'. SIS NQAT" ,.1....01.1I:/t OR/V' ..ON,.I.O e;. CIUS(';f.NZO PHIl. 0, O·CONN&I"I.. ..IA,. P.A. WIS,.. PALM DIAOH. FLOIUI)A ~3"'O M"'I'tC S. 00.,,,,,, .,. 110"., .....ltIUIURST MIKII. O. GAtlHC .JOHN A. YOUN<i. P.A. ULIPHONI(407) .32-'900 I.YHO..., . I'iÀR'''.. ...".. I.ONN'& .. ZANGRII"LQ UI.&COl"IU ~O1) 033·A20~ DCS"""'. ,,/eNK8. ......, 1I:8TH&R A. ZAPATA ~ ''''''''!if .. ,,/OSI. '1'14. 1". A, MAli.INO ...OOIllES' "·0. OA"'''''I'' oa.... June 28, 1994 w~ST I"AL.W ....ACH. "I. )~O.-.I,.e 'Io EIo4'CIt 0' ..tw 'I'O"K .A." ON~" ....EM.ER QI' NEW "ER!¡IE'I' aA.R O"L'I' YIA FAX: 407/278-4155 Susan Ruby, Esquire city Attorney City of Delray Beach . . 100 N.W. 1st Avenue Delray Beaoh, Florida 33444 .J ¡ . Re: Waterford Impact Fee Return . ~ \, Dear Susan: , '., ,. . As you know, I· represent Ocean Properties, the developers of the Waterford PRI and Builders Square. Pursuant to condLtion~ 29, 30, and 31 of the Development Order approving Builders Square, Ocean Properties was required to pay the following amounts: , 1. $278,000 in Palm Beach county road impact fees. 2. An additional $278,000 to the city of Delray Beach to be used for the s. w. lOth Avenue/s. W. 10th Street road improvements, to be used only if Palm Beach County did not give the impact fees to the City for this project. 3. An extra impact fee in the amount of $212,000 The total amount of impact fees paid has been $768,000. Pursuant to Conditions 29 and 30, th~ developer and the City were to jointly seek to have Palm Beach County give t.he impaot fees of $278,000 to t.he City for use . the S.w. 10th Avenue/s.W. 10th ln street projeot. In the event the developer and the City were suocessful . doing so, the second $278,000 payment would be 1n returned to the developer. In effect, the second $278,000 payment was a "guarantee" that the city would have $278,000 tor use on S.W. lOth Street/S.W. 10th Avenue. ., . . . . . Susan Ruby, Esquire city Attorney City of Delray Beach June 28, 1994 Paq9 Two since the approval of Builders square in December of 1992, we have been working on obtaining an agreement from the County to pay the impact fees to the City for use on the S.W. 10th Avenue/S.W. 10th street project. In March of 1994, the Board of County commissioners approved the $278,000 payment to the city for the oonstruction of the S.W. 10th Street/S.W. 10th Avenue project, and on June 7, 1994, Approved and executed an Intergovernmental Agreement with the City to pay the City $278,000 for use in construction of the road project. Although the Condition of Approval (No. 29) indicates that the second $278,000 payment when "received" fro1n Pal1l1 Beach County ~ill be returned to the developer, it is our feeling that the Intergovernmental Agreement between the county and the City adequatelY insures that the $278,000 will be paid to the City. Based on the foregoing, it is our request that the City return the seoond $278,000 payment to Ocean Properties as set forth in the Condition of Approval. The second $278,000 has been in the city's possession approaching one (1) year. 1 appreciate your cooperation in this matter, and hope that the fo~egoing explanation will allow the City to refund the second $278,000 to my client. AJC/ag 026-3156 cc: Ocean Properties (737-7640) . . · ["'A., ¿fl-Î [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr1.'t:.er·. D1.rec't:. L1.ne DELRAY BEACH (407) 243-7090 f LOR I D ^ tr.e:d AII·America City , III I! MEMORANDUM 1993 Date: June 29, 1994 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Amendment No. 2 to Ramblin' Rose License Aqreement The attached amendment will amend the License Agreement currently in effect. This amendment will permit the Ramblin Rose to serve food and beverages while docked during special events such as the Delray Affair, St. Patrick's Day, and Art and Jazz on the Avenue. All customers will have to leave the boat by 10:00 p.m. Also, Captain Dane Mark brought to our attention periodic breakdowns with either the bridge or the boat causing him to remain docked with passengers on board. Serving these passengers while docked would be a violation of the License Agreement. Therefore, Captain Mark requested that the license be amended to allow for service while docked in the event of mechanical failure, bridge failure, or inclement weather. Passengers would have to disembark by 10:00 p.m. Included with your backup material is a letter from Barr Terrace, raising some concerns with the Ramblin' Rose operations. Please call if you have any questions. DNT:ci cc: David Harden, City Manager Joe Weldon, Director of Parks and Recreation Sharon Morgan, City Clerk's Office Pos{ponE-O -k í I ~/9 4 CtA,..I CL ~ ~ ltvm ~/fì ~ lApWI 3-1 C vim) 9£ ® Printed on Recycled Paper Iff pEßin '! I ~ . . HAMBLIN ROSE RIVERBOAT .r. ~.- - __øJ:"__:; ." __ --=::..-. .I; /. . APn :: ~ . ~ April 21, 1994 /994 Mr. David Harden City Manager City of De1ray Beach 100 N.W. 1st Ave. Delray Beach, FL. 33444 Dear Mr. Harden, You may recall that I spo~{e before you and the city commission last December 1993. I asked ~.¡hy Veterans Park parkinq lot was used for art displays rather than the park itself? Attached are photographs of Veterans Park at 2:00 p.m. on Saturday, April 9, during this past "Delray Affair Days. " As you can see, the park is empty and in the background there is a "wall" of \¡hi te display tents visually separating the park from the "Affair." Just on the other side of the tents, thcusands of people passed by never realizing there was a public riverboat catering to the "Affair" by offering $4.95, 1 hour rides. This is the second disappointing year that the Ramblin' Rose and the City of De1ray Beach has missed the opportunity in allowing this new business to help promote itself during this huge event. To insure future growth and stability for the "Ramblin' Rose" I request the following additions be added to our license agreement: l. A \¡ritten polic;y that if Veterans Park parking lot is to be used for displays then so must Veterans Park have displays or some sort of "dral'¡." The intent here is to eliminate the practice of taking parking spaces away from the Ramb1in' Rose and at the same time "blocJ{ading" the Ramblin' Rose from the event by putting up a "wall" of tents eliminating visibility to the park and the boat. 2. The Ramb1in' Rose shall be allowed to be open dock-side for the following special days or events: A. De1ray Affair Days. B. Art and Jazz Nights on the Avenue. C. St. Patrick's Day. D. Future Main Events at the Park. The Ramblin' Rose Riverboat can only help promote itself by being visible to the public on these events and not away on a cruise. 801 Atlantic Ave Delray Beach, FL 33483 Ph:(407)243-G686 Fx;(407)243-4Q6: , 3 . The Ramblin' Rose shall not be in violation of its license agreement with the City of De1ray Beach when a limited number of cruises cannot depart the docK due to circumstances beyond it's control. The following conditions are circumstances beyond it's control: A. Bad Weather. High Winds or Heavy Rain. B. Machinery break-down. C. Bridge break-down or delayed openings. D. Late passenger arrival. UNFINISHED BUSINESS: 1. The Ramblin' Rose is still without siqnaqe. Joyce Deson;neau of the building department states that this must be approved by you because it's on City ¿ro¿erty. The sign I have is under code \·¡hich is 8" wide and 30" long, green background with 4" white letters to be mounted on the city lamp post at the Atlantic Ave. Plaza entrance; see attached photo. 2 . The Ramblin' Rose is still without sewaqe removal at the mutually agreed upon north end of the park. Howard White of the eng-ineering department states that he can put the in-ground pip2 in immediately. He just needs to ]{now who is going to pay for it. This is a city improvement on city property and therefore I feel should be a city expense. Mr. White advises me that it will cost approximately $1500.00. The Ramblin' Rose shall reciprocate by picking up the expense of the pump, ap¡)roximately $2100.00. Toe pump shall be mounted in either the vessel's hold or encased in a 2' x 2' fiberglass box mounted on top of the seawall. Mr. White states that he has a contr3.ctor vlOrking the N.W. area now and this small jOb could be done without any trouble. Some of the requests in this letter have been brought to the attention of the appropriate city departments verbally or in writing as far back as November 1991. I would be in great appreciation if you and the city would be in cooperation with the aforementioned requests as swiftly as possible. As Always, thank you for your time. ~UllY' . ~~Y~L- Capt. Dane L. M rk President Enc. cc: Mr. Bill Wood; Delray Chamber DLM/rnal -- ~ -- ~-- -- -- , - ,- _.- --- _ --- -~--. '.'.- _ "-"'--~~ -.--..., -... ,-,~. -. .~.-.,.._-~_..- _~_ '_.0.-.__._._______ AMENDMENT NO. 2 TO LICENSE AGREEMENT BETWEEN RAMBLIN' ROSE RIVERBOAT AND CITY OF DELRAY BEACH, FLORIDA THIS AMENDMENT, to the License Agreement of November 21, 1991, is entered into by and between the CITY OF DELRAY BEACH ("City") and RAMBLIN' ROSE RIVERBOAT, INC. ("Licensee") on this day of , 1994. WIT N E SSE T H: WHEREAS, the City and Licensee mutually covenant and agree to amend and modify the License Agreement entered into on I November 12, 1991; and WHEREAS, the parties desire to permit tl'\,e Licensee to operate dockside during special events which occur in the City during the year; and WHEREAS, the parties recognize that due the unforeseen circumstances such as inclement weather, machinery breakdown, bridge breakdown or late passenger arrival, there may be instances where the boat will be left at the dock for a longer period than usual. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained the parties agree as follows: 1- The recitations referred to above are hereby in- corporated herein. 2. That Section 5.05, "Service While Docked", of the License Agreement is amended to read as follows: . .. ~- ,,"",,_._. .~,.....- ~.. -,"'~- No service of food or alcoholic beverages shall be effected prior to thirty (30) minutes before scheduled departure of the boat, in no event shall full meal service begin until such time as the vessel has entered into the main channel of the intracoastal waterway. In the event that the boat is unable to leave the dock due to inclement weather, machinery breakdown, the failure of the bridge at Atlantic Avenue to operate, or other circumstances beyond the Licensee's control, the boat will be able to remain at the dock while food and beverages are being served. All passengers, however, must disembark the boat no later than 10:00 p.m. unless approval is given by the Parks and Recreation Department. During special . occasions such as the Delray Affair, Art and Jazz on the Avenue, St. Patrick's Day, or other special events in the downtown area, the Licensee may operate dockside pursuant to the terms of this Agreement. All food or beverages sold must be consumed on the boat. 3. That all other terms and conditions of the License Agreement dated November 21, 1991 and Amendment No. 1 dated December 21, 1993 not in conflict with this Amendment shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year above first written. WITNESS: RAMBLIN' ROSE RIVERBOAT, INC. By: (Print or Type Name) (Print or Type Name) Page 2 of 3 . "; _.·I>.·,_~'" ~.""""',.,.. ~.. "'V~A..~ _.. . C..."",'" n...'.._.__..._....._.....-...-.......,<_.......... . ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk MAYOR Approved as to Form and Legal Sufficiency: City Attorney ramblinl. agt . Page 3 of 3 '. ..L._.... . '.' ~ ....~ ..... ~ ... ._~...-.- .~"._"'._~~.'..- ---.."-----"-.~_. ._~_._._.~_...~~...- _~..n__.._ ._. .__ __.__,0-_.___ " .- - . "'ßARR TERRACE A CONDOMINIUM FIFTY EAST ROAD DELRAY BEACH. FLORIDA 33483 June 23, 1994 Mr. Joe Weldon Director of Parks and Recreation 100 NW First Avenue Delray Beach, Florida 33444 Dear Mr. Weldon: Thankyou for your letter of June 1st and also our meeting of June 14th concerning the complaints about Ramblin' Rose. As I pointed out in our discussion, we do not feel that much has been accomp- lished as far as area residents are concerned. 1.- We are aware that the callipoe does not play every day (but oftener than Mr. Mark indicated) . We ask that it, or any music, not be played anytime while the boat is -in dock. We are in close proximity to the boat and it cannot be tuned down enough to make it acceptable. Again, we would like any music or ånnouncing to take place beyond the bridge where it would only be heard moment- arily as it moved along. 2. The advertising for "happy hour" to be changed from 6:15 to 6:30 is more significant than it may seem. Since this was written in the original contract, it appears to indicate the maximum time allowed for activity on the boat while in dock. We hope they com- ply with the advertising--6:30 to 7:00pm, a half-hour happy hour. Passengers can be informed that boarding is not until 6:30. 3. The parties held while the boat is docked are often extremely noisy, and this is not what was represented to us ~hen the boat wa~ brought in. Of the documented parties that we sent to you, only one night was severe weather, in no instance was the bridge tied up (we are in full view of' the bridge) , and in some cases the party continued until 8:15 when the boat went out, or the boat went out at 7:00 and returned at 9:00pm and the party con- tinued until 10:00pm in dock--so the boat was working. 4. We are glad that Mr. Mark "understands" the sale of alcoholic beverages and soft drinks is prohibited in the park area. We hope he will also discontinue it. . .-." -. -. - ... _." '·'·.w -....,....;.., - u__ ...../~.....,_-.J\.. ...0.-- .- - ~~'-'-- . . - - -.. - .-___-,._._ ,.-..-·_W...._ ..... _..__~.. _.__ _ . . --"-.-.---- ~ ~ : We are striving to eliminate activity and noise from the boat in dock. As tax-paying residents, we feel justified in asking tna~is commercial endeavor be brought into line with the needs of those living here. Remember I this is twice daily with a few exceptions when they are not booked. I would appreciate your continued efforts to bring this about. Twenty years (their contract) is a long time to have to endure this. Sincerely, '1¥ ?d j ~ . 1 -",. "~~a.1"- May L. Buchanan Director cc: David Tolces, Asst. City Attorney Sandra Almy MLB/crs . . , · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {'Jt( SUBJECT: AGENDA ITEM # 9F - MEETING OF JULY 5, 1994 INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/LINTON- MILITARY MAIN IMPROVEMENTS DATE: JULY 1, 1994 This is before the Commission to consider approval of an inter- local agreement with Palm Beach County for joint participation in the construction project for improvements to the intersection of Linton Blvd. and Military Trail. The project includes construction of approximately 2,065 feet of 24 inch raw water main and approximately 775 feet of 8 inch force main. The raw water main is a segment of the 24 inch raw water supply line from the Morikami Park wellfield and will be funded in the amount of $214,420.00 from the 1993 Water and Sewer Bond, Morikami Park Wells (Account No. 440-5179-536-63.61) . The force main is a segment of the line required to serve the School Site "S" lift station, and will be funded in the amount of $26,865.00 from Water and Sewer - Connection Fees School Site "S" (Account No. 441-5181-536-69.15) through budget transfer from Account No. 441-5181-536-63.50. Recommend approval of Interlocal Agreement with Palm Beach County for joint participation in their construction project for improvements to the intersection of Linton Boulevard and Military Trail. ~ '-/-0 . Agenda :Item No. 9P AGENDA REOUEST Date: 06/29/94 Request to be placed on: XX Regular Agenda special Agenda Workshop Agenda When: 07/05/94 Description of item (who, what, where, how much): staff requests , ,commission Approval of an interlocal agreement with Palm Beach County for \ ~ 1~ljoint participation in the construction of improvements to the i' intersection of Linton Blvd. and Military Trail. City improvements include 2,065 feet of 24" raw water main costing $214,420.00 and 775 feet of 8" force main to serve school site "s" costing $26,865.00 for a total -expense of $241,285.00. The work will be performed under City project number 94-038 with funding as follows: 24" RWM - Account #440-5179-436-63.61; 8" FM - Account #441-5181-536-69.15. ORDINANCE/RESOLUTION REQUIRED: 1~~/NO DRAFT ATTACHED 1~~/NO Recommendation: Staff recommends approval of interlocal agreement. (i~ DEPARTMENT HEAD SIGNATURE: Determination of consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): ~. Funding available ~NO Funding alternatives (if ~pli9able) Account No. & Description c¿3 W(~O"'j)- I¡::.MAI Pie/(, Account Balance tO$. 44'l-~lß./ - s;.~ . b -- IS- cotJNfl:rl~ -- ~ city Manager Review: Cb1& gjpr;- '7/-re- S c§. l' ( Approved. for agenda: E~/NO rt,L¡,1..~ Hold Unt11: ~f Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . I MEMORANDUM TO: David T. Harden City Manager ~ FROM: Richard C. Hasko, P.E. Deputy Director of Public utilities SUBJECT LINTON BLVD./MILITARY TRL. IMPROVEMENTS 24" RAW WATER MAIN & 8" SEWER FORCE MAIN PN: 94-038 DATE: June 29, 1994 Attached is an agenda request and a copy of an interlocal agreement with Palm Beach County for joint participation in their construction project for improvements to the intersection of Linton Blvd. and Military Trail. The City's total share of the construction is $241,285.00, and includes $214,420.00 for construction of approximately 2,065 feet of 24" raw water main and $26,865.00 for construction of approximately 775 feet of 8" force main. The raw water main is a segment of the 24" raw water supply line from the Morikami Park wellfield and will be funded from account #440-5179-536-63.61, 1993 W&S Bond, Morikami Park Wells. The force main is a segment of the 1 ine required to serve the school site "s" lift station and will be funded from account #441-5181-536-69.15, Connection Fees, LS/FM School site "s" (budget transfer attached). RCH: jem c: William H. Greenwood, Director of ESD f: 94-038 D 93-032 D I Board of County Commissioners County Administrator Mary McCarty, Chair Robert Weisman Ken L. Foster, Vice Chairman Karen T. Marcus Department of Engineering Carol A. Roberts Warren H. Newell and Public Works Burt Aaronson Maude Ford Lee June 8, 1994 City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 ATTN-: Mr. Richard C. Hasko, P.E. Deputy Director of Public utilities RB: LINTON BOULBVARD AND MILITARY TRAIL INTERSECTION PALM BEACH COUNTY PROJECT . 93109 JOINT PROJECT PUHDING AGRBEKENT Dear Mr. Hasko: We are enclosing three original joint project funding agreements for the construction of the reference project. Please review and request the City to execute the agreements and return all three originals for execution by the County. cc: Edwin Jack, P.E. , Deputy County Engineer . '\ Jim Fandrey, P.E./Roadway Production ! ~, { , "An Equal Opportunity - Affirmative Action Employer" @ printed on '9Cyc/ed P"PÐ' Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000 , AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PAµ.I BEACH COUNTY, FLORIDA FOR THE JOINT PROJECT FUNDING IN CONSTRUCTION OF THE INTERSECTION IMPROVEMENTS FOR LINTON BOULEVARD AND MILITARY TRAIL PAUl BEACH COUNTY PROJECT NO. 93109 THIS AGRBBHBII'l', made and entered into this day of 1994, by and between PAUl BEACH COUNTY, a political subdivision in the state of Florida, herein referred to as "COUNTY" and the CITY OF DELRAY BEACH, a political subdivision in the State of Florida, herein referred to as the "CITY", . IT. B 8 8 B T H I WllBRBAS, COUNTY and CITY desire to jointly participate . in the construction of a 24" raw water main and an 8" force main within the right-of-way of Linton Boulevard and Military Trail intersection: and WllBRBU , Florida statutes, section 163.01, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage: and WllBRBU , the execution of this agreement is in the best interest of both governmental units by promoting efficient utility construction along the Linton Boulevard and Mil i tary Trail intersection right-of-way referred to previously: NO., 'l'HBRBJ'ORB, for and in consideration of the mutua~, ~ \ covenants contained herein, the Parties to this Agreement agree as follows: '. CITY OF DELRAY BEACH 1- The agreement between COUNTY and the CITY for the Joint Funding Improvements to Linton Boulevard and Military Trail intersection dated April 5, 1994 and attached hereto (Attachment "A") is incorporated by reference and made part of this agreement. 2. The CITY agrees to pay directly to the COUNTY costs attributable to said construction of the 24" raw water main and an 8" force main which are CITY owned improvements for Linton Boulevard and Military Trail intersection as outlined and shown in the Bid Documents for Palm Beach County project * 93109. 3. Said summation of costs is stated in the amount of $ 241,285.00 in accordance with the attached bid tabulation (Attachment "B") and summary (Attachment "C") for the specified work. 4. Costs shall be adjusted upon actual contract costs and completion of the project using contract unit prices and actual constructed quantities, said quantities being measured by the Palm Beach County Engineering and Public Works Department. 5. The CITY agrees to fund those contributions set forth in Paragraphs 1 through 3 above within thirty (30) days of receiving written notice from the COUNTY that funding is required. 6. The COUNTY is to be responsible for administering the funds in accordance with the Agreement. . \ 1\, ( , 2 , CX'l'Y OJ' DBLRAY BUCH 7. The CITY is to be responsible for, and agrees to provide or cause to be performed all inspection services during construction of the 24" raw water main and an 8" force main of their requested work and final certification for the aforementioned utility systems as it relates to the CITY's work. 8. The COUNTY shall obtain CITY approval for any change orders which increase the cost attributable to the utility construction and adjustments to an amount greater than the contract amount as stated in Paragraph 3 of this agreement. The CITY shall be responsible for any cost caused by the CITY's delays including but not limited to change orders attributable to the roadway improvements as it relates to the CITY's work. 9. In the event that additional work and funding is required, the additional cost attributable to said utility construction and adjustments as outlined in the specifications . for this project is the responsibility of the CITY. In the event of an under run attributable to said utility construction and adjustments as outlined in the specification, the CITY will be credited the excess amount. 10. Without waiver of limitation as provided for in Section 768.28 (5) , Florida Statutes, and to the extent permitted by law, COUNTY agrees to indemnify and hold harmless the CITY from and against any claims, losses, demands or cause of action of whatsoever kind or nature that the CITY, its agents or employees, mayor could sustain as a result of or emanating out of the terms and conditions contained in this agreement that result from the COUNTY's negligence or willful misconduct. I.. ( . 3 , CITY OJ' DBLRAY BOCH without waiver of limitation as provided for in section 768.28 (5) , Florida Statutes, and to the extent permitted by law, CITY aqrees to indemnify and hold harmless the COUNTY from and aqainst any claims, losses, demands or cause of action of whatsoever kind or nature that the COUNTY, its aqents or employees, mayor could sustain as a result of or emanatinq out of the terms and conditions contained in this aqreement that result from the CITY's neqliqence or willful misconduct. 11. All provisions of this Aqreement callinq for the expenditure of ad valorem tax money by either COUNTY or CITY are subject to annual budqetary fundinq and should either Party involuntarily fail to fund any of their respective obliqations pursuant to this Aqreement, this Aqreement may be terminated. 12. Any and all notices required or permitted to be qiven hereunder shall be deemed received three (3) days after same are deposited in u.s. Mail sent via certified mail, return receipt requested. All notice to CITY OF DELRAY BEACH shall be sent to: City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 ATTN: Mr. Richard C. Hasko, P.E. Deputy Director of Public Utilities All notice to the county shall be sent to: Georqe T. Webb, P.E., County Enqineer Enqineerinq and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416-1229 ATTN: Roadway Production ", , 4 , CITY OF DELRAY BEACH IN WITNESS WHEREOF, the Parties unto this Agreemer , t '~ì have set their hands and seals on the day and date first writte \. ' above. CITY OF DELRAY BEACH PALM BEACH COUNTY,FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS . BY: BY: (DATE) (DATE) ATTEST: ATTEST: DOROTHY H. WILKEN, CLERK BY: BY: (DATE) (DATE) , ~...... APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SUFFICIENCY: BY: flV. CITY ATTORNEY '. ATTACHMENT "A" H 91,. ;Ll'i 0 ,,) .- AGRBEHBNT BE'rWEEN THE CITY 01' DELRAY BEACH AIm PALH BEACH COUNTY, I'LORIDA I'OR JOINT PROJECT PARTICIPATION IN CONSTRUCTION 01' THE INTERSECTION IKPROVEKENT FOR LINTON BOULEVARD AIm HILITARY TRAIL PALH BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 93109 TIllS AGRBBIIBII'I', made and entered into this APR 0 5 199~ day of 1994, by and between the COUNTY 01' PALH BEACH, a pol! tical subdivision of the state of I'lodda, hereinafter called and referred to as the "COUNTY" and the CITY 01' DELRAY BEACH, a municipality in the state ot I'lorida, hereinatter called and referred to as the "CITY", .:CT.BBBBTHt WllBRBU , the CITY and the COUNTY are authorized to enter into this aqreement pursuant to section 1&3.01, I'lorida statute., as ..ended, which permits local qovernmental unit. to make the I . most efficient use of their powers by enablinq them to cooperate with other localities on a basis ot mutual advantaqe7 and WBBRBaS, the COUNTY has caused to be prepared roadway construction plans and specifications for improvinq the intersection of Linton Boulevard and Hilitary Trail7 and WBJIRBU , the CITY has caused to be prepared utility ,; construction plans and specifications for a 24" raw water main iland a 8" force main tor the afore.entioned portion of the lintersection i.prove.ents of Lint~n Boulevard and Military Trail I IWhich will serve portions of its service area, and I \' ! WBJIRBU, both CITY and the COUNTY declare that it is in ,the publio interest that a 24" raw water .ain and a 8" force .ain be constructed with the afore.entioned Linton Boulevard and Military Trail i.prove.ents7 and 1 . ATTACHMENT "A" cxn 0., DBLRAY BDCH 1IBBRBU , the CITY has budgeted funds for the construction of the 24" raw water main and a 8" force main along the authorized service section of Linton Boulevard and Military Trai11 and 1IBBRBU, the CITY is desirous of funding the costs for construction of the 24" raw water main and a 8" force main whicb benefits the CITY1 and 1IJIBRBAS, the CITY will perform all inspections, testing and certifications required for the 24" raw water main and a 8" force main to insure compliance with their specifications and permits 1 IIOW, 'l'BBRBFORB, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows, 1. The recitals set forth above are hereby adopted and incorporated in this agreement. 2. Tbe COUNTY agrees to, A. Advertise for bids, submit bids to the CITY tor I review, and award a contract for the construction of improvements of the 2." raw water main and the 8" force main which are to be owned by the CITY. B. Aðminister the above contract and aðminister the funds in accordance with this Agreement. 2 . . ATTACHMENT "A" CU'Yor DBLDY DDCK C. Supply the CITY with a contract aueUt in accordance with standard accountinq procedure. which reflects total, final costs of the 24" raw water main and the 8" force main, upon completion of this project. D. To the extent the COUNTY i. charqed with de.iqn fer the roadway ccnstruction plan. of the project, the COUNTY aqr.es to be responsible for any and all !iabili ty with reqard to its performance of the requirements of this aqreement. 3. The CITY aqrees to: A. Use a professional enqineer selected by the CITY . to prepare de.iqn plans for the construction of the 24" raw water main and the 8" force main and obtain all necessary permits for the projeot. D. pay the costs of enqineerinq services to accomplish desiqn plans for the oonstruotion of the 24" raw water main and the 8" foroe main for the projeot. C. provide or cause to b. performed all inspection services for the construction of the 24" raw water main and the 8" foroe main durinq construction of and final certifioation for the aforementioned facilities. I 3 ! I I I I . . ATTACHMENT "A" exn OW' DBLRAY BBACH D. To the extent that the CITY is charged with design for the construotion of the 24" raw water main and the 8" force main of the project, the CITY agrees to be responsible for any and all liability with regard to its performanoe of the requirement. of this agreement. B. To oontribute and to forward to the COUHTY the funding for the aotual oosts ofoonstruotion of the 24" raw water main and 8" foroe main. contribution. and funding for the cost of suoh construotion shall be paid by the CITY as such costs aoorue and within 30 day. after a bill for same has been sent by tbe COUNTY to tbe CITY. 4. Both tbe COUNTY and the CITY agree to pay to the other . such funds indioated in the final audit set as are forth in Paragraph 2 (C) above, which will balanoe accounts between the partie.. 5. Thi. Agreement shall be exeouted in triplicate and the COUNTY shall retain two (2) and the CITY shall retain one (1) oopy. All sball be oonsidered an original. I 6. Any and all notice. required or permitted to be given hereunder sball be deemed received five (5) days after same are deposited in u.s. Hail sent via certified mail, return receipt reque.ted. All notices to the CITY shall be .ent to: City of Delray Beach 434 South swinton Avenue Delray Beach, FL 33U4 ATTN: Mr. Dan Beatty, P.B. Assistant City Bngineer I 4 1 I ¡ ATTACHMENT "A" cxn O~ DBLDY BDCK All notices to the COUNTY shall be sent to: George T. Webb, P.E., county Engineer Engineering and PUblic Works Department P.O. Box 21229 West Palm Beach, FL 33416 ATTN: Roadway Production œ UDESS 1IBBRBO~, the County of Palm Beach, Florida has caused this Agreement to be signed by the Chairman of the Board of county Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the City of Delray Beach has caused this Agreement to be signed in its name by its Chairman and it. .ea1 to be affixed hereto, attested by it. secretary, the date and year first above written. CITY OF DBLRAY BBACK PALH BBACH COUN'l'Y, I'LORIDA, BY ITS BOARD OF COUNTY COMHISSIONBRS I I BY:..&~~1Í11'I1 By·46~519~i ,. DATB - r TB C ~RMAN i ATTEST: I ATTBST: , I R 9!: ...~ l ., U .." J . I DOROTHY H. WILKEN, CLBRK , I fJ.' Ji tJ,~ ~ a ~ú<' APR 05 f99%1 BY: lj;.')f:;,'fI)i' l.'r' ,.......,.", BY ~ . 1/ fit¡ DATB ._ I~!,~II, D puty CI rk DATB _ O~. (j' ""'" e e APPROVED AS TO I'ORK ANDfQ/ ~-J" E.iC'.s:'.ROVED AS TO FORK AND LEGAL LBGAL StJI'I'ICIBNCY: ~~: II NTY. I'ICIBNCY: ~O: COU · :ëii~ ~d1\ ~ t- ,'~1 j).J~ \~."'{OR\O~; Þa ~.Þ. ''''~jÒ·¡;·'¡~..fy. 'frÞ,Jn / __ . ~j CITY ATTORNEY \\\""",....... COUN'l'Y ATTORNBY 1I:\roIIdwDJ\aarmt"3\93109.1 db (revised 1/27/94) ! 5 I ! ¡ 1 . 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ATTACHMENT "C" PROJECT NAME: LINTON BOULEVARD AND MILITARY TRAIL INTERSECTION IMPROVEMENTS PROJECT , 93109 BID OPENING DATE: MAY 24, 1994 CITY OF DELRAY BEACH ITEM QUANTI TY /UN ITS UNIT PRICE TOTAL _..4...........~_..~.____.-.a.___..--._.<I>...4 -....__............-aaaa.__. 14 ADJUST VALVES(PROTECT) 1EA S115.00 S805.00 40 INLET (CURB)(TYPE P-4)(CDNFLICT MANHOLE) 1 EA . $4,550.00 $4,550.00 44 24M CLASS 52 CEMENT MORTAR LINED D.I.P. & APPURTENANCES 2,065 LF $82.00 S169,330.00 45 8· CLASS 52 CEMENT MORTAR LINED D.I.P. & APPURTENANCES TT5 LF 131.00 124,025.00 46 TRENCH SAFETY 2,840 LF 12.00 $5,680.00 41 ASPHALT TRENCH REPAIR 1,355 LF S15.00 120,325.00 48 24· BUTTERFLY VALVE, BOX & APPURTENANCE 3EA 14,680.00 $14,040.00 49 2" BLOW-OFF ASSEMBLY 1EA $2,000.00 12,000.00 50 1· ~TER SERVICE (INCLUDES TAP & METER BOX) 1EA $530.00 $530.00 -------------- 1241,285.00 M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER lf1v( SU~JECT: AGENDA ITEM # qG - MEETING OF JULY 5. 1994 RESOLUTION NO. 52-94/0PPOSING CASINO TYPE GAMBLING IN THE STATE OF FLORIDA DATE: JUNE 29, 1994 We have received a request from Sandra W. Freedman, Mayor of the City of Tampa, to consider adopting a resolution in opposition to casino gambling in Florida. Resolution No. 52-94 has been drafted in response to this request and is before the Commission for consideration. Advocates of casino gambling are now in the process of circulating petitions to obtain the necessary number of signatures to have the issue placed on the November ballot as a Constitutional amendment. These petitions indicate that a portion of the proceeds from casino gambling, if allowed, will be used to fund government programs. Regardless, concerns are being raised as to the negative impact this activity could have on traditional, family-oriented tourism in Florida, as well as the detrimental effect it can have on individuals, families and communities. As Mayor Freedman notes in her correspondence, casinos have not been proven to benefit the businesses or communities in which they are located. The casino operators and owners receive the benefit. Recommend consideration of Resolution No. 52-94 in opposition to casino type gambling in the State of Florida. ~ '1--0 ref:a:agmemo8 , . . - .-, - . --~ - .. .--- _. . ,..--__ ...' __·._..c...·. __._._.-_"'..____~_~._._..~_..__ "__~.__ ..~_._~'^____. ___."._,",.~__~._...._._"___..,~.. . -_._--~-' -- -...--..,---_-,-._._~ 1¡ i! RESOLUTION NO. 52-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN OPPOSITION TO CASINO TYPE GAMBLING IN THE ,sTATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, certain types of gambling and gambling establishments commonly known as casino gambling are illegal in the State of Florida; and WHEREAS, there is an effort underway to amend the Florida Constitution to allow casino gambling and to use certain proceeds to fund governmental programs; and WHEREAS, the introduction of casino gambling in Florida will have a negative impact on family oriented tourism which is the backbone of the state's tourism industry; and WHEREAS, neither the public or government will benefit from casino gambling. 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, opposes any change in the State Constitution or State Law which would allow casino gambling in Florida. i , Section 2. This Resolution will become effective immediately upon passage, and the City Clerk is hereby directed to forward a copy of the same to the Office Of The Governor, the Palm Beach County Legislative Delegation, the Palm Beach County Municipal League, all Palm Beach County Municipalities, and the City of Tampa. PASSED AND ADOPTED in regular session on this 5th day of July, 1994. ~~ ~~~ . Cl.ty Clerk , . h/'7/q~ ~. City Commission. C.~......." ~ ¡....lA ~. ~(Q)I~\\·JJ~~ . . f ~.;. ",~~,i{f I, ~~.r.'t ~ ,-''''''''''11 '. '..... ~~~~. f~ .~:/ J; ..~~~ \ ~,n ,::"'; ;:'t1!t .~:i . ~ .. , - Cv .....,. c', flØ '" .,.. - , ..' '. (,. , 'h .. r 'tt '*..J' ':.l.. .......,... ". '..~"~. ~;~> l' t,'\~./ TAMPA'S ~~. f.':::",,' \.' ~. .~ ....,:¿,\ '%<, . .. k\~- YEAROf1HE 1 .. f<--'! ',',<, ".::-- \", . :;l;~ ), ~~GH8ORHOOD \~\~) . j \ ~AIII'Amler~icaClty, ., ....~ _ #....... I ! f '. ....'_c -.,-,--.-' I { 0':".... t ~. - --", - ~, ,.- I .~~~~'IIII \z.,:.~.......,...<,:,..,./ 1 - . I ·\It"¿E.~: \\.';'..~-_ ::~~.; SANDRA W. FREEDMAN ",\,:~",:;~~-..,- MAYOR EXECUTIVE OFFICES iH::C¡.:J ;!.i'fD June 13, 1994 JUN 1 / 1994 CiTY CO[i¡IÎl:íISS Of''; The Honorable Thomas E. Lynch 100 N.W. 1st Avenue Delray Beach, FL 33444-2698 Dear Mayor Lynch: As you are aware, there are several petitions being circulated to place constitutional amendments on the November ballot to allow casino gambling in Florida. Enclosed please find a copy of my cover letter outlining my concerns, as well as our June 9th resolution, which was passed by Tampa City Council, in opposition . to these proposals. We hope that you will present a similar I resolution to your Council and/or Commission. As elected officials we need to express our views now so our ci tizens will understand the full impact of this issue. Our communities and our state do not need casino gambling. We must urge our citizens to oppose the proposals now circulating. Should you have any questions, please do not hesitate to call I Ms. Deborah Stevenson, our Assistant Director of Intergovernmental Relations, at (813) 223-8162. I Thank you. Sincerely yours, ~ Sandra W. Freedman SWF:dhs Attachments I 'I I .. - .--,.-..--- . . . . - ~ 3·~ / .-- ~.~ ~Jr.;r~\,,~,. ;. ~ r-- ~ ~~. _~~<:"'" , !l\~ ........ '~ ¡(~1 Ä~""~\ ~"~," ~ @ ~. .'-/ ~. . to "~\ ~ (è:;!~ . ~~, \J..\ . '. , ~ b,."....c..-........~...'....,&j ~ J :'I-Americal ~. City, \~<.:;~~§~yç..~! ~ ·".,t¿ÉDJ~Ü~ 0/ 1 ""- ~~ SANDRA W. FREEDMAN "'-- MAYOR EXECUTIVE OF'FICES File E9f-.ø~ June 3, 1994 JUN 09 1994 I 19 tj - ~~911 __~ TO THE HONORABLE CHAIRMAN AND MEMBERS OF CITY COUNCIL: RE: A RESOLUTION IN OPPOSITION TO CASINO TYPE GAMBLING IN THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE. There is a serious effort underway in the State of Florida to place a constitutional amendment on the November ballot to allow casino gambling in Florida. The petitions indicate that portions of the proceeds will fund governmental programs. As local government officials, I believe it is incumbent upon us to publicly and vigorously oppose casino gambling in Florida. We must challenge the myth that casino gambling will enhance government funds and government services and benefit the communities in which it operates. I believe that casino gambling will have an negative impact on traditional family oriented tourism that has been the backbone of the state's tourism industry. Additionally, gambling can have a devastating impact on individuals, families, and communities. Historically, casinos have not been proven to benefit the businesses' or communities in which they are located. The only people who benefit from casino gambling are casino operators and owners. It is important that we take the lead on this importan~ issue. Our community and our state do not need casino gambling. We must urge our citizens to oppose the proposals now circulating. By passing the attached resolution, Council will send a clear messag~ of opposition tc the effort to b~ing casino gambling into our state. k.. (, I. -L ,.~ SANDRA W. FRE~ MAYOR, CITY OF TAMPA ...... -. _I; ',' c:~;:-;"'JC:L (,'r I I , I . I I , \ I- I RESOLUTION NO. 94 - û911 A RESOLUTION IN OPPOSITION TO CASINO TYPE GAMBLING IN THE STATE OF FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, certain types of gambling and gambling establishments commonly known as casino gambling are illegal in the State of Florida, and WHEREAS, there is an effort under way to amend the Florida Constitu~ion to allow casino gambling and to use certain proceeds to fund governmental programs, and WHEREAS, the introduction of casino gambling in Florida will have a negative impact on family oriented tourism which is the backbone of the state's tourism industry, and WHEREAS, the cost to government and communities will far exceed the revenue returned to government and communities by gambling activities, and WHEREAS neither the public or government will benefit from casino gambling; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA: Section 1. That the City Council of the City of Tampa, Florida opposes any change in the State Constitution or State Law which would allow casino gambling in Florida. Section 2, That this resolution shall take effect immediately upon its adoption. PASSED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON THIS THE !lIb! 09 d8!4 OF JUNE, 1994. , r·, J..-..-. " '-q-.! ~,.- -- J ¡;....o /' r;-t / ~"----è (' ,..., CHAIRMAN, CITY COUNCIL þJ 'frl~ (I JANETT S. MARTIN, CITY CLERK APPROVED AS TO FORM: p~ !~IN CITY ATTORNEY I - M E M 0 R A N D U M TO: MAYOR AND CITY COMMISSIONERS FROM: C~TY MANAGER ttr1 SUBJECT: AGENDA ITEM i 9H - MEETING OF JULY 5, 1994 DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONVENTION DATE: JUNE 29, 1994 The 68th Annual Convention of the Florida League of Cities will be held August 25-27, 1994, at Lake Buena Vista. General policy development is one of the primary purposes of the annual convention. It provides an opportunity to focus attention on municipal home rule and prepare a positive program to strengthen cities throughout Florida. The League is encouraging each member city to send as many delegates as possible to the convention, and is also requesting that each city designate one of its officials to cast votes at the annual business session. League by-laws require that each city select ~ person to serve as the city/s voting delegate. Recommend designation of a voting delegate to cast votes on behalf of Delray Beach at the annual business session of the Florida League of Cities. Yì11M¡ôJ Yv;ndJ ~ '1-0 ref:a:agmemolO , . . . ~c~-- ?15~ v' FLORIDA LEAGUE OF CITIES, INC. Memorandum - AI2C J(A 'I2/I/I2D W,? TO: City Managers/City Clerks CITy t11, /991 'AN 4 r[R'~ FROM: fJrFIC[ SUBJECT: OFFICIAL ANNOUNCEMENT - 68 ANNUAL CONVENTION Florida League of Cities, Inc. August 25-27, 1994 Lake Buena Vista, Florida DATE: June 1994 Enclosed are registration materials for the annual meeting of the Florida League of Cities. General policy development is one of the primary purposes of the annual convention. It provides cities with an opportunity to focus attention on municipal home rule and prepare a positive program to strengthen cities. Therefore, each city is encouraged to have one official attend the convention as its voting delegate and participate in the discussion. A form designating your city's voting delegate is enclosed along with procedures for presenting resolutions to the League membership. It is important that each city send as many delegates to the convention as possible. The convention program will include some timely workshops, educational seminars and general sessions of interest to all cities. An announcement highlighting convention speakers, workshops and other activities will be mailed to all city officials in July. Should you have any questions or need additional information, please feel free to contact the League office at Suncom 278-5331 or 1-800-342-8112. RCS:VBP:vs Enclosures: Form Designating Voting Delegate Procedures for Submitting Convention Resolutions Convention Registration Forms (3) 201 West Park Avenue . P.O. Box 1757 . Tallahassee, Florida 32302-1757 . (904) 222-9684 . Suncom 278-5331 . . . . . . PROCEDURES FOR SUBMITTING RESOLUTIONS 68TH ANNUAL CONVENTION Florida League of Cities, Inc. August 25-27, 1994 Lake Buena Vista, Florida - In order to fairly systematize the method of presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual convention (July 26, 1994). (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee at least 15 days prior to the first day of the annual convention. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the convention; however, a favorable two- thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the convention without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state lee:islation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the convention; however, all state legislative issues will be considered by the standing policy committees and the Legislative Committee prior to consideration by the membership at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution 30 days prior to the first day of the convention may submit a letter to the League office indicating that their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. *********************************************************************************************************** IMPORTANT DATES June 17 August 8 Notice to Local League Presidents Resolutions Mailed to Resolutions and Municipal Associations Requesting Nominees Committee to the Resolutions Committee July 18 August 25 Appointment of Resolutions Committee League Standing Committee Meetings Members Resolutions Committee Meeting Voting Delegates Registration July 30 August 27 Deadline for Submitting Resolutions to the Immediately Following Second General League Office Session - Pick Up Voting Delegate Credentials Followed By Annual Business Session , . . 68TH ANNUAL CONVENTION FLORIDA LEAGUE OF CITIES, INC. AUGUST 25-27, 1994 - LAKE BUENA VISTA, FLORIDA It is important that each member city sending delegates to the Annual Convention of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws require that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Desienation of V otine Deleeate Name of Voting Delegate: THOMAS E. LYNCH Title: MAYOR City of: DELRAY BEACH, FLORIDA AUTHORIZED BY: Nam~Ç~ Thomas E. Lynch, Mayor City of Delray Beach, FL Title Return form to: Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 ! . ~ . [IT' DF DELRA' BEA[H DELRA Y BEACH CITY CLERK f l 0 . I D " 100 N.W 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407.243 7000 .... AJ~America City , till! 1993 July 11, 1994 Mr. Raymond C. Sittig Executive Director Florida League of Cities, Inc. P.O. Box 1757 Tallahassee, FL 32302-1757 Re: Designation of Voting Delegate Dear Mr. Sittig: Please be advised that Mayor Thomas E. Lynch has been selected by the Delray Beach City Commission to serve as the City's voting delegate at the 68th Annual Convention of the Florida League of Cities, Inc. , to be held August 25-27, 1994, at Lake Buena Vista. As requested, the Designation of Voting Delegate form is enclosed. Should you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, ~iì)2£JI~¡jo;i¡- Alison MacGregor Harty City Clerk AMH/m Enclosure cc: Mayor Thomas E. Lynch David T. Harden, City Manager @ Prtnted on RecYCled Paper THE EFFORT ALWAYS MATTERS I M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM it :r. - MEETING OF JULY 5. 1994 APPOINTMENT TO POLICE AND FIRE BOARD OF TRUSTEES DATE: JUNE 28, 1994 Robert B. Lees' term on the Police and Fire Board of Trustees expired on June 30, 1994. Mr. Lees was appointed as a public member in July, 1992, to serve a full two-year term. He is eligible for and wishes to be considered for reappointment. The term is for two (2) years, commencing July 1, 1994, and ending June 30, 1996. Attendance records are attached. In accordance with Section 33.65(A)(2) of the City's Code, two ( 2 ) public members of the Board of Trustees are appointed by the City Commission. The appointee need not be a resident, property owner or business owner within the city. Subsequent to his or her appointment, the member must take an oath of office. The following individuals have submitted applications for review and consideration: David I. Cohen Herbert F. Freese Melvin Hirth Robert B. Lees (incumbent) Robert Levitt Rosalind Murray Ben Stackhouse A check for outstanding liens or code violations has been conducted. There are none. Based upon the rotation schedule, the appointment will be made by Commissioner Randolph (Seat #4). Recommend appointment of a public member to the Police and Fire Board of Trustees to a two year term ending June 30, 1996. ref: a: agmemo2 I · POLICE AND FIRE BOARD OF TRUSTEES qqL.{ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mayor Thomas Lynch A A A P p P Robert B. Lees P p P P P A John Tallentire p p p p p p Mike Wigderson p p p p p p Mark S. Davis p A P P P P William Adams p p P P A A Richard Lincoln P A P P P P Tom Tustin A p P P P P Robert Brown p p A P P P atten.doc , - POLICE AND FIRE BCARD OF TRUSTEES /qg3 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mayor Thomas Lynch , I I ! I , I I i P P piA P : P : A ! , i , ¡ P ! I I Robert Lees I P Pip P ¡ P I P , I I i I I John Tallentire ¡ A P pip P , P ! P I I I I , Michael ~igderson I p P P ¡ A I i P i PIP f I . Mark S. Davis I I P P , A ¡ P P AlP i I I . William Adams c..:: I I p I P z P pip p P I I ~ I : Maj. Rick Lincoln I w I P P T p i ! I P w pIp p f I x: I I ~I I PIP A I A I I Tom Tust in I P P I P I I ¡ I I J I I I Robert Brown ! I P P ¡ pip P í P : A I I ì I I i I f f ! I i I i i I i I I I I I ! I ¡ I I : i I I I I I I , , i : I , I I I , I , I ! I i : ; , ! ¡ j I : ! I i ¡ atten.doc '. . .~ 7!C,/Q7, CITY OF DELRAY BEACH BOARD MEMBER APPLICATION . NAME f2. OB€R-T ß. LEES' jlC LL'CCÖ LAN€: D ~,-RftY ßE~. F 3 3 t/l/(,/ C HOME ADDRESS (Street, Çity. Zip Code) (LEGAL RESIDENCE) 1301 North Con¡Fess Avenue: S. 460= Boynton, ~each. ~l 11.426 , , piI~IPAL BUSINESS AUDRESS (Sêr~et. City. Zip Code) (738-9114) HOME PHONE 1/(;7- d. J, -~ 7 I BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING P DU ~~ -r- Fi A..F: ~ ,..,. I)~ (ì F -.::r-~',l.5; T£"€S LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~'-ð EDUCATIONAL QUALIFICATIONS _b.S. €1\.i~/~(>"t=J<..1~4lt~. ~\lAL /JDtt ÀE"/}\ Y LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES walCH YOU HOLD LJC.CN~ê~ fï~AN~lÞtI, ~~U.L-~ I L.r~L. jf\J ~m~ A... GIVE YOUR PRESENT. OR MOSt RECENT EMPLOYER. AND POSITION iï1e~Rlu- L'f.~"~ tL,-&S~VI(\~ fÀ~. L't~o'- ~ Mt!f<.. DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ~ æ hNA-tJ(tIA-L U1\h~rITNt\lAj - -,.tt.ULJ9.ALY ~nR...f!/ltFA.J"l .fu. tJ.s Lœ.A.aE f!MRQJSð VD ~ )J R.. fŠ1.) ,Ou.~ &~ ( .j6S£ /)/"C/-..J c A) a..u~~rt..'I f)Ff=r~Ft- JJJ ,4~TI~ti fJAARI~~&RPS !<EF6ë1<.\J£ PLEASE ATTACH A BRID RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE nUl. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACtS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~-&~. ~U- ~- ::J lJ.-L,ý - I 1 9 d.... SIGNATURE DATE 4/90 I · Private Client Group 551 S.E. 8 Street Delray Beach. Florida 33483 407276 1600 800 937 0273 ~ Merrill Lynch ~ES\..'-\~ ~¡= KC~"R.:r is. L££s: ~J ''''~ Iqb~ ...- G~~b. ~\~ ~~" ~'- r\-,- r\-h.~-)ì\.' ~~ FA.:~ fJkrr, m~ 4 .:s~\.~"l\ - ~t) ":r~~ ~o - S~"0 e;~ 1t0 ~ MPtA./~E:"" ~oP-..~ ¡AJ ro L, \...0 \.Ù I~~ Q ft PFr~1 rl~.$ : A-~iHJ~ 't,^Tý ~lrT ~ \\,,-.- 1r4Ñ « ~- \..h~,-~~ M.[ ð~ Ñ PtLIJ A T"~'~'~G- l;<kPt R..h it- E)(E.CLLnvs.- DrF/~~~ ~~,~ e- ß~A~JH~'-<,~ t~UF , , tCW,PPtN"ý ~N'V'f'fl-fJðE~ ~ p=A-N tRY tR.A'~/A1tL Ç{1/0ðL. ft~'H.~~ t~,y ~\:aVL>(J~ TO R~ERJ.JE ~'\'ì - 'frL.LftHft~E~ ~\ .J\A~ ~~,- f~e:.Sr-N 1- ".-6, N\~R. tJE" ('oRP5 ~Rûe> ~v..)IES": t^.o~ lu~A-T10,j lR p. µ (t.J G.. iLJ.J ,.,.- ,¥'- \I£I+-~ Lo(¡'~n<t£ l,lt.J t"- - ß '1 ER- Pt.S "ßI:-t ~ A-~ €" .s~FF- - 3- '/ f: ß- R..~ Ptc...T\~ 1'r-,~~ Fe R. ~E~El'..ì 5ro ~~ ~\ ":Yu..l- ~ - Jev gÿ - LOoR~E~ I+r ~v..~ON r 1\-6 t¡-t!uIlJ/~L G~\...t:.~ ~EP- ft." ~'t-\<l~ ~tÙ f~ (~AJ I No,) gq - S A\.lª-€'- - a.~. M.~~, ~\). \'1\4 R ~~. ~R. s."U2:~ N\~ o F ~~ N\.I ~ eX I Ik\ ~ -,4 kJ () 0-0 LA- rt\./ A1~ ' ilOÙ QomP~NY. 10 ~~ ~ {, - p~¡;;;;$~Ñ t _ ñ~FH0l!. Pr'- ~o ~.s';"''-T A-~, u..::.)"I- ~ y\l.e ~\~.J u- L'I IV ~,-( , , . ~......... ~ I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # 9:F - MEETING OF JULY 5, 1994 RESOLUTION NO. 59-94/ DATE: JULY 1, 1994 This is before the Commission to approve Resolution No. 59-94 supporting the Roots Cultural Festival, Inc. , in their efforts to sponsor the 17th Annual IIRoots Cultural Festivalll in the City of Delray Beach on July 10 through August 14, 1994. In addition to the Resolution, the Roots Committee is asking for a $2,000 donation, stage use and a waiver of fees, permission to display the Roots flag, a tent permit, and utilization of Pompey Park facilities. Funding for the Roots Festival is budgeted in the City Commission Special Events account. The other requests can be approved administratively. Recommend approval of Resolution No. 59-94 and the $2,000 funding request for the Roots Festival July 10 through August 14, 1994. ~~ 1../ - 0 . . --.~._- ._.._-_.,---_._.~--- .._.--_.__.._---,,-~.._., . ,--.-..- - -- --" ,..--.--..--.-- ------ ....---.---.----. ---- '---"--. RESOLUTION NO. 59-94 \ j A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF I I DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL I I FESTIVAL, INC. , IN THEIR EFFORTS TO SPONSOR THE SEVENTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY I OF DELRAY BEACH, FLORIDA. I I I the Cultural Festival, is sponsoring the I WHEREAS, Roots Inc. , i seventeenth annual "Roots Cultural Festival" on July 10 through August 14, 1994, in "the City of Delray Beach; and, WHEREAS, this festival is an attempt to present to the community, state and nation a view of the rich cultural heritage of the people of African ancestry in our City; and, WHEREAS, this idea was conceived by Jefferson Manor Homes Association in an attempt to bring people together to develop pride, respect and appreciation for their community as well as their particular heritage which they bring to the City; and, WHEREAS, the festival will provide an opportunity for exciting experiences for local people and tourists reminiscent of the Bahamas, the West Indies, Haiti and other countries of African ancestry; and, WHEREAS, the activities of the festival are to promote academic excellence among our youth, in the form of a spelling bee, an essay, , math and oratorical contest; to promote physical fitness through sports tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and dramatic presentations, poetry, jazz and fashions; and, WHEREAS, the highlight of the festival will be the IIFestival in the Park" activities which will focus on cultural and culinary artists from the various countries; visual and performing art s , ceramics and jewelry will also be presented in "The Marketplace at Roots", NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i Section 1. That the City Commission of the City of Delray Beach hereby supports the Roots Cultural Festival, Inc. , in their efforts to sponsor the seventeenth annual "Roots Cultural Festival" in the City of Delray Beach, Florida. PASSED AND ADOPTED in regular ~~he 5th day of July, 1994. ATTEST~~ Mtf::- ~ City Cler:( . ROOTS CULTURAL FESTIVAL, INC. P. O. BOX 2654 DBLRAY BEACH, FL 33444 (401) 276-2099 RECEIVED June 6,: 1994 JUl 1 1m CITY MA~'~";o'~ tlFF!CE H~s Honor The Mayor Thomas Lynch C1ty of DelraI Beach 100 N.W. 1st ve Delray Beach, FL 33444 Dear Mayor Lynch: The time for the Roots Cultural Festival is here aqain. We exgect our 17th Annual Festival to be as succeisful as always. On be alf of the Festival comm1ttee, I would 1 ke to thank the citl of Delray Beach for its ga~t par¡iç pation and rysîl~ ions supporting our efforts to r1ng pos t1ve cultural act v t1es to the Delray Beach area. We ~re again aSkin~ that a resolution be granted b~ the city Comm1ssioners sanct oning the effor s of th s 0 ganizat on through the sugport of the various mun!cipal departments. We w 11 be ut11izin~ t e same plans for secur1tp as we used last year. Havinq wor ed closely with the ~olicet arks and Recreation, and other departments, we are certa1n tha we will be able to give positive influences to the city. The communit~ enthusiasticallY looks forward to this evynt each hear. Throu3 our statew de contact and national promot ons, we ave cause the name of Delray Beach to become synonymous with summer cultural experiences. Attached, please find a copy of our tentative sChe~ule and a sugport re~uest li~t. We are lookinl fîrward to see nq you and ot ers of he Comm1ssion at our fes iv ties, which are planned for JU1I 10, 1994 through August 14, 1994 at the Pompey Park Recreat onal Complex. !1:erel:~ TO~. stevens Cha1rperson cc: vice Ma~or Jay Alperin Deputy ice Mayor Ken Ellingsworth commissioner Baryara Smith Comm ss oner Dav d Randolph, Sr. City Manager David Harden . · ROOTS CULTURAL FESTIVAL, INC. P. O. BOX 2654 DBLRAY BEACH, FL 33444 (401 276-2099 SUPPORT REQUEST LIST 1. A donaiion from the Cit~ of $~100~ to go towards the operat ng expenses of t e fes va. 2. The city to allow usage of the stagy and waiver the fee for the rental of the stage from Fr day, August 12 through Sunday, August 14. 3. The City to allow the merchants along Atlantic Avenue to display "ROOTS" flag. 4. The Citp to allow a permit for a tent to be a placed ~t pom~ey ark the weekend of Au~ust 1?-14 for the "Fest1va1 in he Park" açtivities. The ent w1l1 be rented by the Festival and w111 be a temporary structure wh ch would be used for the "Marketplace at Roots." 5. Full utilizttion of the pom~eI Park facilities and staff for the ent re Festival - ( u Y 10, 1994 through August 14, 1994). I Z I I ! :. aJ I 11.0 I <0 <0 <0 ~ <0 <0 II :V v v v Z I V 'V ,0 CD CD CD en CD ICD ICD I Z It) It) 1.0 1.0 1.0 i IN' I I '0::: " ¡CD".... o co co ~ 0 ~ I~, N N N ,...." ,_ ,_ ',_ I , " ~ _ að ~ að ":' að ":' Q V ":' I":' I ~ I" co ~ ::i" ::i " :! 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U) ~ C> C> C) C) C) C) C) C) C) C) C) C> C) C) C> >- ~ :::) :::) :::) :::) ::J :::) ~ :::) :::) :::) ~ :::) :::) :::) E < c:( c:( < < « < < c:( « < « < c:( < E 0 I- ~ ~ ~ ~ ~ ~ , >. ~ L) 0 ~ >- ~ 0 0 0 0 >- - ~ >- ~ ~ ~ '" p a:: 0::: ê§ en a:: 0::: ,0:: « - ê§ :::) :::) 0 0 a:: .~ :~ :~ Co ;::- Q Q ¡Q 0:: ~ I- ~ Z Z Z ~ +- . - . - ...;.. - :c:( ~ ::J :::) :I: .0:: .0:: 10:: « .« c:r - u. u.' U) Cl) en en U) I- IU. U. u.. f/) CJ) if.. 'r w. - I . ... ....... CITY DF DELRAY BEA£H 11_~(' '-; .,"', .~: ..l\/="':!_~ . 'J;;: '_8 -" ,( 3EAC!-f ¡: L-OR I!)A 33444 . '¡()7 :1'-- ') MEMORANDUM TO: David T. Harden, City Manager FROM: ~bert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM #9JC CITY COMMISSION MEETING JUNE 22, 1993 1993 ROOTS FESTIVAL DATE: June 18, 1993 ACTION City Commission is requested to approve Resolution #61-93 supporting the Roots Festival, to approve the $2,000 funding request, and to make a determination on the payment of Police overtime. BACKGROUND Resolution #61-93 in support of the 1993 Roots Festival is presented for Commission approval. In addition to the Resolution, the Roots Committee is asking for a $2,000 donation, stage use and a waiver of fees, permission to display the Roots flag, a tent permit, and utilization of Pompey Park. Funding for the Roots Festival is budgeted in the City Commission Special Events account in the amount of $2,000. The other requests can be approved administratively. Additionally, the Committee is requesting Police assistance. Last year, we were able to reassign officers in order to cover the event. This will not be possible this year and a determination on the payment of overtime needs to be made. The estimated overtime costs are $13,000 based on last year's man hour use. Commission did agree to pay 1/2 the overtime costs for the Delray Affair. RECOMMENDATION Staff recommends approval of Resolution 161-93 and the $2,000 funding request and requests direction on the overtime payment for Police assistance. RAB : kwg Mo1:icmto approve Res. *61-93, with direction on Police overtime as follows: Support reassignment, if possible, in effort to minimize OT costs, alt~ough try to reassign as little as possible with the help ?f ROO~s F:st1val volunteer security working with PDJ and with understané 1ng th1s w1l1 be last year for City to assist with underwriting Police O~ THE EFFORT ALWAYS MATTERS t1 ~ '1-0 I . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1Jt{ SUBJECT: AGENDA ITEM it lOA - MEETING OF JULY 5. 1994 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 21-94/THE BOYS FARMERS MARKET DATE: JUNE 28, 1994 This is second reading and public hearing for Ordinance No. 21-94 which annexes a 1. 57 acre parcel of land located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue, at 14378 Military Trail. The property contains The Boys Farmers Market which consists of a 4,648 sq. ft. farmers market with outdoor display area and associated parking. The ordinance also provides for a small scale land use plan amendment to affix an official land use designation of GC (General Commercial) on the property, and establishes initial zoning of GC (General Commercial) District. This ordinance is the partial culmination of a voluntary petition from the property owners. In February, 1994, application was made to annex, amend the land use plan and establish initial zoning for the entire Boys Market holdings (comprised of a total of three parcels) . Upon review, however, it was determined that if all three parcels were annexed, an enclave would be created immediately to the east. The creation of an enclave is not permitted under Florida law. On April 12, 1994, the Commission postponed consideration of this item to allow more time for staff to further review and attempt to resolve this situation. While progress is being made, the applicant does not want to delay construction of a new Farmers Market and wishes to proceed with the annexation of the two south parcels at this time, and annex the third (north) parcel at a later date. Therefore, Ordinance No. 21-94 incorporates the two parcels which comprise the southern portion of the Boys Market property (1.57 acres). At the Planning and Zoning Board meeting of March 21, 1994, there was no public testimony in opposition to annexation and zoning. There was some concern expressed regarding traffic and noise considerations. Subsequent to annexation, a site plan will be submitted which will include an improved traffic circulation system. Noise issues will also be addressed. On June 21, 1994, the Commission passed Ordinance No. 21-94 on first reading by unanimous vote. Recommend approval of Ordinance No. 21-94 on second and final reading. ref:a:agmemo7 f~ 4--0 , · ( 1::) tï1 I C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~ THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNI G AND FROM: SUBJECT: MEETING OF JUNE 21, 1994 FIRST READING OF ORDINANCE NO. 21-94 - ANNEXATION, SMALL SCALE LAND USE MAP AMENDMENT FROM COUNTY CIS ( COMMERCIAL HIGH INTENSITY) TO CITY GENERAL COMMERCIAL, AND INITIAL ZONING OF GC (GENERAL COMMERCIAL) FOR THE BOY'S FARMERS MARKET. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance annexing a 1.57 acre parcel of land, changing the Future Land Use designation from County C/8 to City GC (General Commercial), and applying an initial zoning designation of GC (General Commercial). The subject property is located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue. BACKGROUND: On February 8, 1994, an application for a land use plan amendment and annexation with initial zoning were submitted. The request included all three (3 ) of The Boys' holdings, containing approximately 2.89 acres. If the City were to annex all 3 parcels, an enclave would be created immediately to the east (ref. Florida Statutes, Chapter 171) . In order to avoid the creation of an enclave, two options were available: either include the three properties to the east (2 residences) with the annexation, or exclude the Boys' north parcel ( 1. 32 acres) from the annexation at this time. With respect to the first option, the property owners to the east were notified of the annexation and did not wish to participate at this time. Therefore, the land use map amendment and annexation only relates to the two parcels that comprise the southern half of the Boy's property ( 1. 57 acres). , City Commission Documentation Meeting of June 21, 1994 First Reading of Ordinance No. 21-94 - FLUM Amendment, Annexation and Initial Zoning for The Boy's Farmers Market Page 2 The property contains The Boy's Farmers Market which has a 4,648 sq. ft. farmers market (flower and produce shop) with outdoor display area and associated parking. The proposed Future Land Use designation is General Commercial and the proposed zoning designation will be GC (General Commercial) . Additional background and an analysis of the request is found in the .attached Planning and Zoning Board Staff Report. At its meeting of April 12, 1994, the City Commission held first reading of this item. At the meeting, the property owner stated that he would like to also annex the north parcel, which contains a 30' access easement for two homes to the east. However, by annexing the north parcel, an enclave would be created as it will be necessary for the residences, which are under County jurisdiction, to drive through the City to access their property. The Commission then postponed first reading to allow modification of the ordinance and re-advertising. Since the City Commission meeting, staff has met with the applicant on several occasions to discuss the alternatives for annexing the north parcel. During this time period, the applicant has submitted a site plan application to construct a new farmers market on the south parcel. In order not to further delay the project, the property owner has chosen to proceed with annexing the south parcel at this time, and has submitted a separate application to annex the north parcel. Annexation of the north parcel is anticipated in August. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of March 21, 1994, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony in opposition to the annexation and zoning. However, two area residents expressed concerns over noise associated with the market, and over the existing traffic circulation at Military Trail and Lake Front Boulevard/Post Office (Highpoint Lake Drive) . The applicant's representative stated that an alternative access was being designed. When the market is annexed into the City, a site plan will be submitted for improvements, which will include an improved traffic circulation system. He stated that noise issues would also be addressed in the plan. The Board voted 6-0 (Golder absent) to recommend that the requests approved. RECOMMENDED ACTION: By motion, approval of Ordinance No. 21-94 on First Reading and setting a public hearing date of July 5th. Attachment: * P & Z Staff Report and Documentation of March 21, 1994 * Copy of Ordinance No. 21-94 YICCBOYIS.DOC .- . ORDINANCE NO. 21-94 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ¡ I DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY I , BEACH, A PARCEL OF LAND LOCATED AT 14378 MILITARY TRAIL, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS I, OF SAID CITY; REDEFINING THE BOUNDARIES OF THE CITY TO ¡ INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE I DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS · CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE " :1 PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING : ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN , AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. I WHEREAS, Anthony Fanelli and Elizabeth Fanelli, his wife, are ~ the fee-simple owners of a parcel of land located at 14178 Military Trail, Delray Beach, Florida, commonly known as The Boy's Farmers Market, as the same is more particularly described herein; and WHEREAS, Gerald B. Church, P.E., as the duly authorized agent for the fee-simple owners as hereinabove named, has requested by ! voluntary petition to have the subject property annexed into the ¡ municipal limits of the City of Delray Beach; and i WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the : Florida Statutes7 and i WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of C-8 (Commercial with a I residential equivalent of 8 units/acre); and WHEREAS, the advisory Future Land Use Map (FLUM) designation for the subject property in the City of Delray Beach, Florida, is GC (General Commercial); and I ¡ I I I - -'. --- - .. -~ - -- , WHEREAS, the _ City's Future Land Use Map designation of GC ,I I (General Commercial) is consistent with the County FLUM designation of ¡ C-8 (Commercial with a residential equivalent of 8 units/acre) for the j property hereinafter described; and I WHEREAS, the City's FLUM designations as initially contained I I on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designa ~n of a zoning classification is part of I this proceeding, and provision )f Land Development Regulations Chapter I Two have been followed in estaD~ishing the proposed zoning designation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: The South 63.73 feet of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East 500 feet and less the right-of-way of Military Trail (State Road No. 809) ; AND ¡ The North 63.73 feet of the South 127.46 feet of the I South 1/2 of the Northwest 1/4 of the Southwest 1/4 of I the Northwest 1/4 of Section 13, Township 46 South, I Range 42 East, Palm Beach County, Florida, less the I I East 500 feet and less the right-of-way of Military I Trail (State Road No. 809); I AND The North 63.73 feet of the South 191.19 feet of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida, less the East 500 feet and less the right-of-way of Military Trail ( Sta te Road No. 809) ; - 2 - Ord. No. 21-94 --r-- LESS AND EXCEPT the following described real property: A parcel of land for road right-of-way purposes, :lying in Section 13, Township 46 South, Range 42 East, County of Palm Beach, State of Florida, and more particularly described as follows: I For the purpose of this description the centerline ¡ right-of-way of Military Trail (State Road 809) as I shown on the right-of-way map of Military Trail I (from State Road 806 North to Steiner Road) now in the files of the Land Acquisition Department of Palm Beach County under Project Number 86-112, is I assumed to bear North 00 degrees 57' 45" West, and all bearings recited herein are related thereto. Commencing at the West One-Quarter (W 1/4) corner of said Section 13: thence, North 00 degrees 00' 25" West along the west line of the Northwest One-Quarter (NW 1/4) of said Section 13 a distance of 697.17 feet to the south line of that certain parcel described in deed recorded in Official Record Book 4001, Page 640 of the Public Records of said County, and the Point of Beginning: thence, North 89 degrees 46' 28" East along said south line a distance of 13.33 feet to a line 60.00 feet east of and parallel with the centerline right-of-way of Military Trail, as said centerline is shown on said right-of-way map of I Military Trail: thence, North 00 degrees 57' 43" I West along said parallel line a distance of 191.21 feet to the south line of that parcel conveyed to Robert S. Bacon on the 12th day of April, 1985, and described in deed recorded in Official Record Book 4522, Page 406 of the Public Records of said CountYJ thence, South 89 degrees 46' 28" West along said south line a distance of 10.14 feet to the west line of the Northwest One-Quarter (NW 1/4) of said Section 13: thence, South 00 degrees 00' 25" East along said west line a distance of 191.19 feet to the Point of Beginning. AND The South 191.19 feet of the West 200 feet of the East 500 feet of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. - 3 - Ord. No. 21-94 I ,~ -- - ---.--- "--- j The subject property being located on the east side of I Military Trail, approximately 2,100 feet north of I Atlantic Avenue, at 14378 Military Trail: and I containing a 1.57 acre parcel of land, more or less. i Section 2. That the boundaries of the City of Delray Beach, I Florida, hereby redefined to include therein the above-described are tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. :1 Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, i including the Stormwater Management Assessment levied by the City I pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City I of Delray Beach, Florida. Section 4. That this annexation of the subject I property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such I roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. I I ì I Section 5. That the Future Land Use Map designation of the I I subject property is hereby officially affixed as GC (General I Commercial) . i Section 6. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1) (c)4. Section 7. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General Commercial) as defined by existing ordinances of the City of Delray Beach. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be 1 declared by a court of competent jurisdiction to be invalid, such I decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. - 4 - Ord. No. 21-94 1 Section 10. That this ordinance shall become effective as follows: As to the annexation and zoning, immediately upon passage on second and final reading; as to the small scale land use plan amendment, I the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in : accordance with Section 163.3184, Florida Statutes, whichever occurs I , earlier. No development orders, development permits, or land uses ! dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, I Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. MAYOR I ATTEST: City Clerk First Reading Second Reading - 5 - Ord. No. 21-94 , . . PL.ANNING AN., ZONING SOARL , CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: ~1arch 21, 1994 AGENDA ITEM: IV.B. ITEM: Annexation, Small Scale Land Use Plan Amendment and Initial Zoning of the Boy's Market, ~h1i tary Trail. GENERAL DATA: I I, I :! I ~ I 0 Owners............ .......Anthony' Elizabeth Fanelli I ' N. Agent.. .............. ....Gerald B. Church I Location.................Approximately 2,100 feet :1 north of Atlantic Avenue, on the east side of 11::. Military Trail. Property Siz.............1.57 Acres WC County Land Use Plan.....C/S (Comm.rcial- Resid.ntial equivalent of 8 units/acr.) HICHPCINT WEST Proposed City Land Use Plan Designation.........Gen.ral Comaercial Current County Zoning....AR (Agricultural Residential) --, Proposed City Zoning.....GC (General Commercial) SPENCE ·1 PROPERN 1 )- Ii Adjacent Zoning...North: AR - County II: East: AR - County ~ South: GC - City t- Weet: RS (Sin91. F.-ily Resid.ntial) - - County ..... - Existing Land U..........Eal.t1n9 faraer. mark.t (retal1 2 u.e) 1 ",...~ Water Servic.............Wat.r ..rvice currently exi.t. ~ , ~ ~~ via a s.rvice lateral connection Q~",~....,.cJ. ~~ to a 12" water main along Military ~tI-+-~ Trail. Sewer Servic.............A s.ptic system exists on-sit.. City sewer service is available via connection to an existing 4" sewer torce maln located along the east aide of Military Trail. TV,B. . I T E M B E FOR E THE BOA R D: The item before the Board is that of making a recommendation on a voluntary annexation (pursuant to Florida Statute 171.044), a Small Scale Land Use Map Amendment from County C/8 (Commercial High Intensity) to City GC (General Commercial), and initial zoning of GC (General Commercial). LDR Sections 2.4.5 (A) , (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue. B A C K G R 0 U N D: The subject property is currently located in unincorporated Palm Beach County with an AR (Agricultural Residential) zone designation. However, the property is located within the City's Planning Area and is eligible for annexation. Palm Beach County records indicate that building permits were issued in 1981, for the construction of a greenhouse and shade house. The property has been utilized as a farmers market for several years. Presently, retail sales are not an allowable use under the County AR zoning designation, thus the farmers market (retail) is nonconforming. In 1990, an application for a Water Service Agreement was submitted to the City, however, the agreement has never been executed. On February 8, 1994, an application for a land use map amendment and annexation with initial zoning were submitted. The request included all three (3) of The Boys' holdings, containing approximately 2.89 acres. If the City were to annex all 3 parcels, an enclave would be created immediately to the east (ref. Florida Statutes, Chapter 171) . In order to avoid the creation of an enclave, two options were available. Either include the three properties to the east (2 residences) with the annexation or exclude the Boys' north parcel ( 1. 32 acres) from the annexation at this time. With respect to the first option, the property owners to the east were notified of the annexation and did not wish to participate at this time. Therefore, the land use map amendment and annexation only relates to the two parcels that comprise the southern half of the Boy's property. That action is now before the Board. PRO J E C T DES C RIP T ION: The territory to be annexed includes two parcels noted on the Palm Beach County Property Appraiser's Map as parcels 315 and 319 having a combined acreage of 1.57 acres. The property contains The Boy's Farmers Market which has a 4,648 sq. ft. farmers market (flower and produce shop) with outdoor display area and ilf:. :or iated parking. The proposed Future Land Use designation is General Commercial and the proposed zoning designation will be GC (General Commercial). . P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 2 ANN E X A T ION A N A L Y S I S: Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 ( 5 ) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". * The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. The annexation will reduce an existing County enclave area. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C) (1) "the owner of land may seek the annexation of contiguous property, under his ownership" pursuant to Florida Statutes. COM PRE HEN S I V E P LAN A N A L Y S I S: CONSISTENCY BETWEEN THE CITY AND COUNTY LAND USE MAP DESIGNATIONS: The City's proposed Future Land Use Map designation for these properties is "General Commercial". The County's Land Use designation for these parcels is C/8 (Commercial - Residential equivalent of 8 units per acre) . The City's "General Commercial" Land Use designation is consistent with the County's C/8 designation. The City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, (and as formally amended subsequently) are deemed to be advisory until an official Land Use Amendment is processed. ADJACENT LAND USE MAP DESIGNATIONS AND LAND USES: The Land Use Map designation to the north is Palm Beach County C/8 (with an advisory City designation of General Commercial); South is City General Commercial; East is Palm Beach County C/8 (with an advisory City designation of Transitional); and, west is Palm Beach County HR8 (High Residential - 8 units per acre) (with an advisory City designation of Medium Density Residential 5-12 units per acre) . P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 3 The existing Land Uses are residential to the west (Highpoint Wes t) ; vacant to the north; residential and vacant to the east; and, commercial to the south (Shoppes of Delray). CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: .Designated Annexation Area: The territory to be annexed is located within "designated annexation area No. 4" on the east side of Military Trail north of Atlantic Avenue. Annexation of the territory is consistent with Policy B-3.4 of the Future Land Use Element, which calls for annexation of eligible properties. Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent with services provided to other similar properties already in the City (Future Land Use Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by EI Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day) . Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has more manpower to respond in this area; as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently pass the property while patrolling areas of the City to the north and south of the property. Fire and Emergency Services: The annexation of this property will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick & Lake Ida Roads). With annexation, the property will receive an improvement in response time from the current 6 minutes of the County Fire Department (Indian Springs/Military Trail & Woolbright Road) to approximately 2.5 minutes for the City's Fire Department (Fire Station No. 4 at Barwick and Lake Ida Roads). , P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 4 Water: Water service currently exists via service lateral connection to a 12" water main located along the east side of Military Trail in front of this property. This water is being provided without a water service agreement which is required for properties that are not within the City limits. As the prpperty to the north is not included in this annexation, a water service agreement is being executed along with the annexation. This agreement will ensure that water is available for development on the north parcel, and will provide a mechanism for future annexation of that property. Fire suppression is available along the east side of Military Trail by existing fire hydrants approximately 300' north and 500' south of this property. It is noted that with any new development, installation of a fire hydrant may be required. Sewer: The property is not receiving sewer service. Sewer service is available upon payment of standard connection fees and the installation of a private lift station. The private lift station would be necessary as the nearest sewer connection is to a force main along the east side of Military Trail. Streets: This property has direct access to Military Trail. Military Trail is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated 1I.3intenance responsibility will not change upon annexation. Parks and Open Space: The annexation of the commercial property will not create an additional impact on park and recreational facilities. Financial Impacts: Effect Upon Annexed Property: For the 1993 tax year the two subject parcels which make up the Boy's Farmers Market have a combined assessed value of $189,522.00. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millaqe With Annexation Fire/Rescue MSTU 2.6201 Deleted (County) Library .3915 Deleted (County) City Of Delray Beach 6.8600 Added (City) City of Delray Beach Debt 1.1400 Added (City) --------- 4.9884 Difference· . .Total tax millage in the County 1s 20.0772 mills while in the City the total millage rate is 25.0656 mills. P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 5 The current yearly ad valorem taxes are $3,805.07. With annexation the yearly ad valorem taxes will be $4,750.48; a tax difference of $945.42. In addition to property taxes, the following Non Ad -Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This City assessment will be approximately $555 based upon the combined (100') impervious area of the buildings, parking areas, etc. , and a 25' reduction within the Lake Worth Drainage District area. If drainage is retained on-site, an additional 25' discount may be available. Solid Waste Authority - The Military Trail area is currently serviced by South Florida Sanitation, which is under a five year contract that runs from October 1, 1993 through September 30, 1998. The City's contract is currently through Waste Management, Inc. Pursuant to Florida Statute 171.062 (4) (a) "if a party has an exclusive franchise which is in effect for at least six months prior to the initiation of an annexation, the franchisee may continue to provide such services to the annexed area for five years or the remainder of the franchise term whichever is shorter". As the initiation of the annexation occurred within the six month time period, the waste service provider will change with the annexation. The flat rates for commercial properties will remain the same at .064 per sq. ft. of building area. These flat fees cover disposal and the base fee only. Collection rates will be negotiated with Waste Management on an individual basis, and will vary depending on dumpster size and frequency of pick up. Occupational Licence Feel - Upon annexation The Boy's Farmers Market will be required to obtain a City of Delray Beach Occupational License. This license will be in addition to the current County license fee ($30) . The Ci ty license fee for a retail operation is $80. However, an occupational license issued after April 1st is reduced by one-half the cost that is normally assessed. Pursuant to the Business Cross Reference Directory, there are three (3) separate businesses existing on-site. Thus, a license is required for each business. The license fee for Calendar Year, 1994, will be $120. The license fee for Calendar Year, 1995, is estimated to be $240. Water/Sewer Ratel - The Boy's Farmers Market is currently served by municipal water. Typically, properties not located within the City are assessed an Out-of-City surcharge. However, the property has been charged the standard City rate, therefore, there will be no reduction with respect to the water rate. Resulting Impactl to Property OWner: , P & Z Board Staff Report The Boy's Farmers Market - voluntary Annexation Page 6 TABLE A SUMMARY OF IMPACT ON THE BOY'S FARMERS MARKET FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 93/94 county of 20.0772 to City 93/94 rate 25.0656 mills.(4.9884) +$ 945.42 NON AD VALOREM Stormwater Assessment +$ 555.00 Solid Waste Collection NA WATER , SEWER UTILITY FEES $ .00 Currently receiving water at City rate OCCUPATIONAL LICENSE FEES +$ 240.00 ANNUAL FINANCIAL IMPACT: +. 1,740.42 NA - Data not available SERVICE CONSIDERATIONS: FIRE RESPONSE + Faster response time from (estimated time) 6.0 minutes (County) to 2.5 minutes (City). EMS + Faster response time from (estimated time) 6.0 minutes (County) to 2.5 minutes (City). POLICE + Better response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs reactive opportunity to work with property owners Fiscal Impacts to the City: At the 1993 City operating millage rate of 6.86 mills and debt rate of 1.14 mills, the property will generate approximately $ 1,508.18 in ad valorem taxes per year. Additional revenues will be realized through the annual collection of the stormwater assessment fee ($555 annually) as well as occupational license fees (approximate V $80 annually), utility taxes (9.5' electric, 7' telephone) a 1 franchise fees on electric, telephone, and cable. P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 7 TABLE D COMBINED FINANCIAL IMPLICATIONS TO THE CITY GENERAL FUND AD VALOREM TAXES +$ 1,508.18 PER CAP REIMBURSEMENTS: .00 UTILITY TAXES: Electric (1): +$ 74.76 Natural gas (2): .00 Phone (3): +$ 7.69 FRANCHISE FEES: Electric (4): +$ 47.22 Phone (5): +$ 1. 10 Natural Gas (6): .00 Cable (7): .00 OCCUPATIONAL LICENCE FEE . . +$ 240.00 STORMWATER ASSESSMENT UTILITY FUND ASSESSMENTS: Stormwater Assessment +$ 555.00 SEWER AND WATER UTILITY FUND UTILITY SERVICE FEES: Water Utilities .00 Sewer Utilities .00 ANNUAL TOTAL: +$ 2,433.95 NA - Data not available (1) Electric Utility Tax based on 9.5' commercial (2) Natural Gas Utility Tax based on 8.5 , of Gas bill (3) Phone Utility Tax based on 7' of phone bills - business accounts are a minimum of $36.60 (4) Electric Franchise fees based on 6' of FPL bills (5) Phone Franchise fee based on l' of phone bill (6) Natural Gas Franchise fees are based on 5' of gas bill (7) Cable Franchise Fees are based on 3' of cable bill , P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 8 Z 0 N I N G A N A L Y 5 I 5: The proposed City zoning designation is GC (General Commercial) and the current County zoning designation is AR (Agricultural Residential). The surrounding zoning designations are: County AR to the north and east; City GC to the south; and, County RS (Single Family Residential) to the west. The City zoning designation of General Commercial represents the prevailing use of the property. Upon annexation only the City zoning designation is applicable. R E QUI RED FIN DIN G 5: (CHAPTER 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed GC zoning designations is consistent with the underlying "General Commercial" Land Use Designation. The existing farmers market use (retail) is allowed as a permitted use in the General Commercial zoning district, thus when annexed the use will be a conforming use. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal involves the annexation of existing development. There will be no changes in the manner that drainage, and sewer will be provided. Fire, Police, EMS, and solid waste will shift to a different provider; however, all of these services will be equal to or enhanced (see annexation analysis for details). It is anticipated that connection will be made to the City's sewer system post annexation. P & Z Board Staff Report The Boy's Farmers Market - voluntary Annexation Page 9 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Upon annexation, the property will come under the development regulations of the City. The property has a number of deficiencies as - they relate to the City's Land Development Regulations Le. perimeter and internal landscaping, parking, etc. Any future modifications to the site must comply with the Land Development Regulations. The following are some of the significant items that have been identified: Outdoor Display: There is an area adjacent to the building which is devoted to outdoor display of fruit and vegetables, which is allowed pursuant to LDR Section 4.6.6(B) (Allowable Outside usage) . The exact square footage devoted to outdoor display has not been determined. However, the outdoor display area is not to exceed 10% of the square footage of the interior of the building which contains the main use. If the outdoor display area exceeds 10% of the floor area, it can remain as nonconforming. However, it is noted that if the outdoor display area impedes or prevents access for emergency purposes, the Fire Marshal may require removal or modification of the display area. [ref. LDR Section 4.6.6(C)]. Billboard': There is an existing billboard located at the southwest corner of the property. When a sign which does not comply with the provisions of Section 4.6.7 (Signs), the sign must be removed upon annexation. Staff will work with the property owner in order to obtain compliance. Perimeter Landscapinq: Presently, there is no perimeter landscaping adjacent to Military Trail. It is anticipated that once annexation has occurred, a site plan submittal will follow. This item will be addressed with the site plan review. Access Easement: The property owner has been cited by Palm Beach County for installing a commercial parking lot (shellrock) which is not an allowed use in the County AR zone district. The parking lot is located on the north parcel which is not included in this annexation. As the customers were parking on the north parcel, they were utilizing the access easement along the north side of the property, which provides access to the single family residences to the east, as a secondary access point for the market without obtaining approval. This easement intersects with Lake Front Blvd./Post Office entrance (Highpoint Lake Drive) and Military Trail. The large volume of vehicles exiting the market conflict with the vehicular movements at the intersection, thus creating a traffic hazard. Presently, the access easement is not being utilized for customer access. The applicant is working with Palm Beach County Traffic Division and City staff to address the access issues related to this prop~rty. , P & Z Board Staff Report The Boy's Farmers Market - voluntary Annexation Page 10 Shellrock Parking Area: There is an existing shellrock parking area on the subject property. Compliance with City regulations will be obtained with the anticipated site plan submittal. CONSISTENCY: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5 (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. Section 3.3.2 (Standards for Rezoninq Actions): Standards Band C are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.3.2 are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. The subject property is not within a designated residential area. Thus, this standard does not apply. B) That the rezoning shall result in allowing land 'lses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial zoning designations represent the existing commercial land use. The commercial zoning designations are compatible with adjacent commercial uses, to the south and the post office, to the north. The residential properties to the east and west, across Military Trail are adequately are screened by a hedge and wood fence. Section 2.4.5(D)(5) (Rezoninq Findings): Pursuant to Section 2.4.5(D)(5), in addition to the provisions of Section 3.1.1, the City Commission must must make a finding that the rezoning fulfills one of the reasons for which the rezoning chang. is being sought. Thes. 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; P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 11 c. That the reques ted zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The appl,t·cant has submitted a justification statement which states the following: "The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve areas. Both contiguous properties to the north (Post Office) and south (Shoppes of Delray) have been annexed to the City and they have been developed as strip commercial. The Fanelli property is a farmers market, with County Zoning - Agriculture. The requested zoning is for General Commercial which is consistent with the present use and adjacent commercial properties." Comment: The justification statement addresses Item "c" as the basis for which the rezoning should be granted. The requested zoning is of similar intensity as that allowed under the proposed City General Commercial land use designation and the existing County C/8 land use designation. Further, the GC zoning is more appropriate given the existing use of the property and its location, as it is situated between a shopping center and the post office. REV I E W B Y o THE R S: The subject property is not in a geographic area requiring review by the CRA (Community Redevelopment Agency) to the DDA (Downtown Development Authority). If approval is granted, it is anticipated that a site plan application will be submitted for review by the Site Plan Review and Appearance Board. Palm Beach County Notice: On February 28, 1994 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. Notice of the Land Use Plan Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to all adjacent municipalities. Public Notice: Formal public notice has been provided to all property owners within a 500 ft. radius of the subject property. Courtesy notices were also sent to the Homeowner's Associations of Highpoint Sections 1-7. Letters of objection, if any, will be presented at t~g Planning and Zoning Board meeting. ., P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 12 ASS E SSM E N T AND CON C L U S ION S: Accommodating the annexation of this property and affixing an initial City zoning designation of GC is consistent with the City's program for annexation of territory within its Planning and Service Area. The annexation is also consistent with the State's pølicy under ELMS III legislation to eliminate enclaves and promote annexation into the most appropriate municipality and service provider. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in taxes, and stormwater assessment fees. The City will receive additional revenue from property taxes (base year value 1985), stormwater assessment fees, and associated utility taxes and franchise fees, which will result in a net increase to the City of approximately $2,043.95 a year. Concurrent with this annexation, a water service agreement is being executed. This agreement will ensure that water is available for development on the north parcel, and will provide a mechanism for future annexation of that property. The property has a number of deficiencies as they relate to the Land Development Regulations. One of these, is the existing billboard at the southwest corner of the property, which is required to be removed upon annexation. Staff will work with the property owner to obtain compliance. If the annexation is approved, it is anticipated that a site plan submittal will follow. With the site plan many of the existing deficiencies will be eliminated. A L T ERN A T I V E S ACT ION S : A. Continue with direction. B. Recommend approval of the annexation, small scale amendment from C/8 to GC and an initial zoning designation of GC (General Commercial). C. Recommend denial of the annexation, small scale amendment and initial zoning with the basis stated. S T A F P R E COM MEN D A T ION: Recommend approval of this annexation, small scale land use amendment from C/8 to GC, and initial zoning designation of GC (General Commercial) based upon positive findings with respect to Section 3.1.1, Section 3.3.2, policies of the Comprehensive Plan, and the following-: P & Z Board Staff Report The Boy's Farmers Market - Voluntary Annexation Page 13 A. That the property is contiguous, reasonably compact and does not create an enclave; and, B. That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: * Location Map * Palm Beach County Property Appraiser's Map * Survey .:rC/T:ANNElOYS.DOC " P .:-\Ll\1 BE:\t:l-I COUNTY GARY R'. 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'A ) .~.. ..... - ..fIM &,y '5 ¡::"~~S Ifh: $vtl/E "I . . . , M E M 0 R A N DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'7JV{ SUBJECT: AGENDA ITEM i 10 ~ - MEETING OF JULY 5. 1994 REOUEST FOR WAIVER/GROVES OF DELRAY. LTD. DATE: JULY 1, 1994 This is before the Commission to consider a request from the Groves of Delray, Ltd. for a waiver of fifty percent (50%) of a required park and recreation impact fee. Specifically, a waiver to the provisions of LDR Section 5.3.2(C)(l) which requires an impact fee of $500.00 per dwelling unit for park and recreation purposes. This request is associated with the development of the Groves of Delray, a 164-unit multi-family residential community for senior citizens. The Groves is comprised of 158 new units and 6 existing town homes. The recreation and park impact fee is assessed for the new units only, and totals $79,000.00. A reduction of half of the fees would leave a total payment of $39,500.00. The basis for this request is outlined in the attached letters from Mr. Jay Felner and Mr. Thomas G. Hinners. The rationale is that because the Groves of Delray community will provide acti vi ties, recreation and meals for senior citizens who live in the development and in the community at large, half of the required park impact fees ought to be waived. An analysis of the request is provided in the accompanying staff report. The conclusion is that such a waiver is inconsistent with objectives and policies of the Open Space and Recreation and Housing Elements of the Comprehensive Plan. Also, that a waiver of these fees would set a precedent for the argument that a development which is providing facilities of its own should not have to contribute to the improvement and maintenance of public facilities. Recommend denial of the request from Groves of Delray, Ltd. for a waiver of 50% of park and recreation impact fees. ff~tif J I· L/I) <3 " _. . _ . .u-(/ i:£, ~"I {rIfi. ~- ref:a:agmemo14 . · ('Kl tft C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN~A FROM: DIANE DOMINGUEZ, DIRECTOR OF PLAN G & ZON SUBJECT: MEETING OF JUNE 21, 1994 REQUEST FOR WAIVER OF PARK AND RECREATION IMPACT FEES ASSOCIATED WITH THE GROVES OF DEL RAY ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a waiver of 50% of a required park and recreation impact fee. The project for which the waiver is requested is the Groves of Delray, to be located on the east side of S. W. 10th Avenue, between S.W. 10th Street and Linton Boulevard. B A C K G R 0 U N D: This request is associated with the development of the Groves of Delray, a 164-unit multi-family residential community for senior citizens. As described in the attached letter from Groves of Delray partner Jay Feiner, the community will provide activities, recreation, and meals for senior citizens who live in the development and in the community at large. Because these services are being provided, the owners are requesting that half of the required park impact fees be waived. A N A L Y S I S LDR Section 5.3.2 addresses the dedication of park land and facilities. Whenever a development is proposed upon land which is designated for park purposes in the Comprehensive Plan, dedication of the land is required pursuant to a percentage breakdown outlined in 5.3.2. If development is proposed upon land which is not designated for park purposes, such as the Groves of De 1 raY;- an impact fee of $500 per dwelling unit is assessed. This fee is assessed regardless of the size or occupancy of the unit, and applies to all types of dwellings including single family, duplex, multi-family, hotel/motel, and resort units. The Groves is comprised of 158 new units and 6 existing townhomes. The recreation and park impact fee is assessed for the new units only, and totals $79,000. A reduction of half of the fees would leave a total payment of $39,500. Pursuant to Policy A-2.2 of the Open Space and Recreation Element of the Comprehensive Plan, the City shall place its I City Commission Documentation Waiver of Park Impact Fee--Groves of Delray Page 2 first recreation priority on the provision of facilities for activities which serve all residents of the community, and which can be achieved through completing the development of existing park areas, enchancing existing facilities, and adding specialized items such as tot lots to existing facilities. Policy A-2.3 states that park impact fees and user fees will be used to fulfill that objective. Policy A-2.4 goes on to state the priorities for expenditure of the fees as the development of a bike lane system, installation or conversion of multi-purpose fields, creation of interpretive trails, and installation of picnic areas, tot lots, and exercise trails at existing parks. The waiving of impact fees for the purpose of providing facilities and services which are not located in an area that is designated for a public park, and are not included as a priority for the expenditure of those fees, would be inconsistent with the objectives and policies of the Comprehensive Plan. Another potential inconsistency exists with Housing Element Policy C-4.4, which states that the City shall not participate in programs for low-moderate income housing within areas designated for stabilization and revitalization. The Groves is in an area designated as revitalization/rehabilitation. This potential conflict was discussed by the City Commission during the appeal of the site plan for the Groves on March 24, 1992. The point was made that since the City was not a participant in the financing program for the project, it was not actively engaged in bringing low/moderate income housing to the City. Waiving required fees may start to make that distinction less clear. A waiver of these fees would also set a precedent for future requests. In addition to paying park impact fees, residential developments of the size and scale of the Groves are required to provide recreational amenities such as tot lots. Many developments provide facilities beyond those which are required. While they are typically intended for residents only, this case could set a precedent for the argument that a development which is providing facilities of its own should not have to contribute to the improvement and maintenance of public facilities. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board does not review waivers of impact fees. R E COM MEN D E D ACT ION: By motion, deny the request for a waiver of impact fees, in that such a waiver is inconsistent with objectives and policies of the Open Space and Recreation and Housing Elements of the Comprehensive Plan. Attachment: * Letter from Jay FeIner, Groves of Delray Ltd. T:CCGROVES.DOC , · &-7 {kÁ-l- v¡~-~,- , . / ' 6/7 /94 c: City Manager /mid C}r01Jes of (})e[ray, £ tá. 625 )lu6um Circle 'West RECEtVED Ve{ray Œeacn, pforiáa 33444 JUN 407-496-2000 7 1994 CITY COMMISSION June 2, 1994 Honorable Thomas Lynch Mayor City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mayor Lynch: The Groves of Delray will be providing substantial recreational facilities not only for its residents, but also for all low income seniors from the general area, just as Auburn Trace has been doing for the past few years. A few years ago Carver Estates evicted the low income seniors in the area and Palm Beach County's Division of Senior Services from the Carver Estates clubhouse because the Delray Beach Housing Authority had decided that they would rather have an after-school latchkey program for school children in that clubhouse. When that hit the newspapers, we contacted the Division of Senior Services and advised them that we would be willing to have Auburn Trace designated as a Senior Center where low income seniors from Delray Beach could have a daily hot meal served in our clubhouse and could conduct senior activities and programs in our clubhouse. We put up a divider in our clubhouse between our after-school latchkey program and a dining area for the low income seniors. HRS then filed an action, without warning, stating that we could not operate both of those activities out of the same clubhouse. We therefore moved the Senior Center to a vacant apartment at Auburn Trace until such time as the Groves of Deiray clubhouse was constructed. Since Auburn Trace has been fully occupied most of the time since then, we have in effect been losing rent because of this service we have been providing to low income elderly residents of the general area, i.e. these elderly people do not live at Auburn Trace. As soon as the Groves of Delray clubhouse is completed, the Senior Center will be transferred there and a daily meal will be served there for low income elderly residents of the City. Palm Beach County will be providing an Activities Director a few hours a day and the Groves of Delray will provide a full-time Activities Director conducting all sorts of recreational activities for low income elderly residents of the area, just as we presently are doing at Boynton Bay - Bingo, line dancing lessons, ballroom dancing lessons, arts and crafts, ceramics, dances, etc., etc., etc. Providing these programs, amenities and services for low income elderly residents of the City of Delray Beach will cost us considerably more over the years than the Park and Recreation Fees we are asking to be waived. , . . . Honorable Thomas Lynch June 2, 1994 Page 2 In addition to the above, the Groves of Delray has recently donated land for the right of way for S.W. 10th Avenue, saving the City approximately $18,000. We feel very strongly that at least 50% of our units should not be subject to the Park and Recreation Fees because of the public facilities and services we will be providing to the City of Delray Beach. We respectfully request that you reconsider our case. Kindest personal regards, Jay FeIner . . . 407-731-1457 BOYNTON BP.-Y 419 pm APR 19 '94 11:03 ~. , . - - Florida Affordable Housing. Inc. February 23, 1994 David Tolces, Esquire City Attorney's Office City of Delray Beach 200N.W.lItAvenue DeJray Beach, Florida 33444 Dear David: Scott Hawkins asked that I set forth our rationale with respeçt to a request for waiver of Park and Recreation Impact Fees by the City. The Groves of Delray will be providin¡ substantial recreational facilities not only for its residents, but also for all low income seniors from the leneral area. just as Auburn Trace has been dolnl for the past few years. A few years ago Carver Estates evicted the low income seniors in the area and PaJm Beach County's Division of Senior Services from the Carver Estates clubhouse because the Delray Beach Housin¡ Authority had decided that they would rather have an after-school latchkey prosram for school children in that clubhouse. When that hit the newspapers, we contacted the Division of Senior Services and advised them that we would be willin¡ to have Auburn TrICe desianated as a Senior Center where low income seniors from Delray Beach could have a daily hot meal served in our clubhouse and could conduct senior activities and programs in our clubhouse. We put up a divider in our clubhouse between our after-sc:hoollatc::hkey program and a dining area for the low income seniors. HRS then filed an action, without wamin¡, statinl that we could not operate both of those activities out of the same clubhouse. We therefore moved the Senior Center to-a vacant apartment at Auburn Trace until such time as the Groves of Delray clubhouse was constructed. Since Auburn Trace has been fully occupied most of the time since then, we have in effect been losing rent because of this service we have been providin¡ to low income elderly residents of the general area, i.e. these elderly people do not live at Auburn TrKe. As soon as the Groves of Deltay clubhouse is completed, the Senior Center wilt be transferred there and a daily mea) will be served there for low income elderly· residents of the City. Palm Beach County win be providing an Activities Director a few hours a day and the Groves of Detray will provide a full-time Activities Director c:onductinl all SOrtS of recreational activities for low income elderly residents of the area, just as we presendy are doinl at Boynton Bay - Bin¡o, line dancing lessons, ballroom ciancinllessons, arts and crafts, ceramics, dances. etc., etc.. etc. Providinl these prosrams. amenities and services for low income elderly residents of 499 Boynton Bay Circle, Boynton Beach, FL 33435, (407) 735-0711. FAX (407) 731-1457 . --. ''-'J.-.J.4~-( BOYNTON B¡;;y 419 P04 APR 19 '94 11:04 the City of De1ray BcIdi IOiII COlI US COIIIiderabty mono over the Y*ItS IhIn the PIrk IIId Recreation Pees we are askin, to be Waived. Jay Feiner ¡, JObt, 10 be cIropp ng off 1Iu1IIer documentation with 1eOpe¡:t 10 this ~ IIIId Would liIcc to discuss this With you ftlnher. . Kincfeat personal re.ardI, ~~ Thomas G. Hinn.. -. .' Ii ' .. II II . ," ~ "I. :.;~ ,.' , 407-731-1457 BOYNTON BPY , . 41'3 P02 APR 19 . '34 11:03 . - - Florida AtTordable Housing, Inc. April 19. 1994 Mr. David Harden City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Groves of DeJray Dear Mr. Harden: As a follow-up to our letter of February 23. 1994 to David Tolces. we respectfully request that you reconsider our case. We feel very strongly that at least 50% of our units should not be subject to the Park and Recreation Fees because of the public facilities and services we will be providing to the City of Delray Beach. We are attaChing a copy of our letter referred to above for your convenience. Kindest person7 =-- ~ ~~ Thomas G. Hinners 499 Boynton Bay Circle, Boynton Beach, FL 33435. (407) 735-0777, FAX (407) 731-1457 . . , . . CITY OF DELRAY BEACH. FLORIDA NOTICE OF PUBLIC HEARING / REOUEST FOR WAIVER OF CITY ORDINANCE Pursuant to Section 30.15(A), "Waivers of City Ordinances ", NOTICE IS HEREBY GIVEN that a request has been received from Groves of Delray, Ltd. , Delray Beach, Florida, for a waiver to the provisions of Article 5.3, "Dedication and Impact Requirements", Section 5.3.2, "Park Land Dedicationll, Subsection 5.3.2(C), II Impact Fee Required II , of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida. The City Commission will consider waiving the applicability of Section 5.3.2(C)(l) to reduce the number of units in the Groves of Delray project which will be subject to the $500.00 per dwelling unit park and recreation impact fee. A PUBLIC HEARING on the aforementioned waiver of the City's Code of Ordinances will be held on Tuesday, July 5 , 1994. at 7:00 ~, in the City Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. 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 hearing, such person will need a record of these proceedings, and for this purpose such person may need to ensure tha t a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. Pursuant to P.S. 286.0105. PUBLISH: Delray Beach News CITY OF DELRAY BEACH June 23, 1994 Alison MacGregor Harty City Clerk ~/ 1Y . iP ¥J-- \ ~oJ1 /?~ uJ &~.j.,\uV ~} ~ tÞ O~. ~ JY' dcfr r~ ~ ~ '11-6 pþ V}l oÞ1: 6/ s'1 '1'-/ ~q~~~O ~ c~ ~t~ ct~ I~k ~ 6r . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'J11 SUBJECT: AGENDA ITEM i /0 c.. - MEETING OF JULY 5. 1994 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 55-94/PYRAMID-SHAPED MARKERS DATE: JUNE 28, 1994 This is second reading and public hearing for Ordinance No. 55-94 dealing with pyramid-shaped markers. This amendment to the City's Code prohibits pyramid-shaped or similar type markers within a public right-of-way and outlines specifications for the use of dome-shaped markers. The ordinance is proposed in response to direction from the City Commission at the May 10, 1994, workshop meeting. It will become effective six (6 ) months from its passage on second and final reading. Ordinance No. 55-94 was passed on first reading on June 21, 1994, by unanimous vote of the Commission. Recommend approval of Ordinance No. 55-94 on second and final reading. p~ 4-0 ref: a: agmemo6 , RECtJ\lED ¡ ¡ 'I l 1994 30 June 1994 ..}..J ~ De1ray Beach City Commission CITY COMMISS!Of'J Delray Beach,FL Dear Commissioners: I have been employed in the City of Delray Beach for the past four years and am a homeowner, though I reside in Pompano Beach. I am against the proposed ban against pyramid-shaped driveway markers for the following reasons: 1. I believe the homeowner has a constitutional right to protect, decorate and enhance his or her property or adjacent right-of-way entrusted to the homeowner's care, as he or she sees fit. This is within the bounds of present zoning or other ordinances, of course, and barring the use of items with obviously injurious intentions, such as bayonets or land mines. 2. I submit that rounded driveway buttons (which are OK under the proposed ordinance), as well as mailboxes, most landscaping, railroad ties, rocks, stop signs, streetlights, etc. pose just as much a potential danger as do pyramid markers. Is the commission prepared to consider a ban on all these items as well? 3. The heart of this matter, I think " is not rèë;¡lly "public safety" as is claimed but rather the avoidance of potential lawsuits. When will those proposing an overly restrictive ordinance such as this realize that we cannot create a "risk-free" environment? Life by nature poses certain risks; those unwilling to accept reality should consider staying inside. 4. Simply because certain individuals believe an action is a good idea does not necessarily constitute justification for making it law. Enact- ment of this particular ordinance, unnecessary and solving nothing, would be another prime example of "government-out-of-controlll. For the record, I personally have 15 pyramid markers spread across 190 feet of property and right-of-way on a corner lot. There have been no accidents nor have I received any complaints since installing them; it appears vehicles and pedestrians alike respect and consequently avoid this area. Please reject this proposed ordinance. Thank you for your time. Sincerely, RECEIVED ~~ 1-/-1'-/ Bruce Frendah1 CITY CLERK 1460 NE 32 Street Pompano~Beach,FL 33064 ~y ~ CITY ~15~ 305/786-0062 home 407/278-1388 office - -/r; k red d Jd¡?;m'f 'p¡¿þ,1i!-/!e.ra, ¡(e ~~ /7rNH1i:(dn~ ~~~ I . ;~ '~,,-~-~- '1.;24· . ~ £ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE 21Jl) :\w 1st .WE¡-.;t;E . DELRAY BEACH, FLORIDA 33444 F.\CSl\!ILE ~d" 273·..755 Writer's Direct Line (407) 243-7091 MEMORANDUM FiECE.III!:::; DATE: May 12, 1994 MAY,,<b6_199~ TO: City Commission r:/fy MAfIIMJER' .Ç' nr FROM: Susan A. Ruby, City Attorney SUBJECT: Dome-Shaped Markers Ordinance Attached please find the ordinance dealing with dome-shaped markers. We have changed Section 4 which establishes the effective date shall be six months from the passage of the ordinance on second and final reading. By copy of this memorandum to David Harden, City Manager, our office requests that this ordinance be placed on an upcoming Cit Commission agenda. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Attachment ® Pnnled on Recycled Pape' . ---- I ORDINANCE NO. 55-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 100, "NUISANCES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 100.01, "EXISTENCE OF WEEDS, TRASH, AND VEGETATION UPON LANDS PROHIBITED", TO PROVIDE FOR THE PROHIBITION OF THE PLACEMENT OF PYRAMID-SHAPED MARKERS OR OTH~~ SIMILAR TYPE MARKER WITHIN A PUBLIC RIGHT-OF-WAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to protect the safety of its residents and citizens by prohibiting the placement of pyramid-shaped markers in the public right-of-way. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 100, "Nuisances", Section 100.01, IIExistence of Weeds, Trash, and Vegetation Upon Lands Prohibited", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding subsection 100.01(E) to read as follows: .ill Dome-shaped decorative markers. also known as button markers. may be placed in the public riqht-of-way. provided that such markers are no larqer than six (6 ) inches in heiqht. have rounded surfaces and no straiqht edqes. and are separated by a minimum of two (2) feet. The nroperty owner shall assume all risk of liability for such markers. The placement of pyramid-shaped markers or any other similar ty~e marker within a public riqht-of-way is prohibited. 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 I ordinance or any portion thereof, any paragraph, sentence, or word be de'"'lared by a court of competent jurisdiction to be invalid, such d' _sion shall not affect the validity of the remainder hereof as a wì ~e -or part thereof other than the part declared to be invalid. . -"-- ._ n····· ___ Section 4. That this ordinance shall become effective six (6 ) months from its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. ., MAY 0 R ATTEST: City Clerk First Reading . Second Reading I - 2 - Ord. No. 55-94 , Silt) (,~ ~ ~:]TY DF DELAAY BEA[H Or' i \ [TDRNEY'S OFFICE . -. MEMORANDUM DATE: April 12, 1994 TO: David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Markers in the Riqht of Way Attached is a copy of a proposed ordinance amending Sec. 100.01 by adding paragraph (E) which allows dome markers and prohibits the placement of pyramid-shaped markers in the public right-of-way. - . Landowners are liable for allowing obstructions in the public right of way. Morales v. Costa, 427 So.2d 297 (Fla. 3d DCA 1983) . This same duty does not apply to a landowner for liability and damages caused by subterranean roots growing into the right of way which could not readily be rectified by the landowner. Sullivan v. Silver Palm Properties, 558 So.2d 409 (Fla. 1990). The most conservative legal opinion to ensure protection against liability for the City would be to not allow any markers of any kind in the right of way. However, dome markers are sometimes helpful to maintain the appearance of right of ways. Therefore, if the policy of preserving the aesthetics of rights of way is pressing, the attached ordinance seeks to minimize unsafe conditions (by allowing dome markers only) and enhance aesthetics. The proposed ordinance clearly places the decision to place any such marker on the landowner who pursuant to our ordinances has the duty to maintain the contiguous swale areas. The ordinance makes clear that the landowner assumes liability for the placement of the markers in the rights of way. I believe this will ensure some measure of protection for the City. Attached are the cited cases and the proposed ordinance. ~alI if you have any questions, SA! 'I'i s \ 10 cc: Lee Graham, Risk Manager -:>........ MORALES v. COSTA Fla. 297 Cite as, 427 So.2d 297 (F1a.App.3 DlsL 1983) distance trav- the County correctly points out, there is " nothing inherently offensive about giving Antonio B. MORALES and Maria .s... . its police officers the choice of retaining the Morales. Appellants, County Public 6, Part I. sub- statutory Y!Ïtness fee or accepting greater v. '0. 4-15. Stan- overtime compensation for off-duty court Carlos COST A and Mary Costa. Security hereafter. the appearances. Mutual Casualty Company, City of Mi· The officers argue, however, that an ami, and County of Dade, Appellees. opinion of the Attorney General, Op.Atty. No. 81-2542. ! to the daily Gen. 077-108, October 18, 1977, which states fulfilled on that a city "may not require that officers District Court of Appeal of Florida, :itness fee is remit their witness fees to the city in return Third District. -nsatory time for overtime pay received," supports their Feb. 22, 1983. ;i position. Even were we to accord the opin- !> satory time is ion great weight in construing the law of :1 ill deli ver the this State, State Dept. of Citrus ~'. Office of Action was instituted by persons in· Metropolitan the Comptroller. 416 So.2d 820 (Fla. 2d DCA jured in an intersectional automobIle aœi- 1ess Manage- 1982); Richey v. Town of Indian River dent against persons who owned land adja- ~eceipt." Shores, 337 So.2d 410 (Fla. 4th DCA 1976); cent to the intersection. The Circuit Court, ~ the Rule did Beverly v. Division of Be\'erage of Dept. uf Dade County, Edward S. Klein, J., entered ~lIants of any Business Regulation, 282 80.2<1 657 (Fla. 1st summary final judgment in favor of land- -ns 92.141 and DCA 1973), we think that the further lan- owners, and the plaintiffs appealed. The :"Om this ad- guage in the opinion that "there is no prohi. District Court of Appeal, Nesbitt, J., held . ppeal. bition against [the City] paying an amount that landowner may be held liable in negli- :he Rule pro- over and above the witness pay calculated gence action for obstructions to the public Department . .. as the difference between the witness right-<>f-way. fee and the amount that would be received If ·cen of at time-and-a-half the normal salary paid" Reversed and remanded. ü. ,92.142, lng- that the undercuts the officen' position. As the County notes, the option it has provided by AutomobU. -=-289 Ltute answen ~Ie does not require the return of witness Landowner may be held Hable;n .....¡¡.] )ffiœn posed y relief.' As fees and, if the officen choose the overtime gence action for obstructions to the public pay, the option is the Cunctional equivalent right-<>f-way. ,); SUt~ ex rei. of paying them the difference between the ~, 160 So. 522 witnesa fee and the amount that would be covery of mon- received at the overtime rate. Joe N. Unger, Ronald C. Kopplow, Miami, ty durin¡ past ;et up a binding Aff"trmed. Cor appellants. We therefore Blackwell, Walker, Gray, Powen, Flick " Igment. insofar Hoehl and Diane H. Tutt, Miami, for appel- otherwise sup- lees. ~ trial court nor Before NESBITT, BASKIN and FERGU- I with the ques- SON, JJ. n derogation of their collective NESBITT, Judge. Àunty; wheth· the agreement The plaintiffs were iDjured in ~interlec> I by the very tional automobiJe aœideDt. . They iDItituted ether, In such "eement (which this aetion apÎJIIt. tJ. ~ who oWDed ag 01 new coo- land adjaœnt to the mteneetion. The com- by the County thne matters in the briefs on appeal. but nei. ISideration su~ decide them. :ers ac:ceded to tiler tile trial court nor we were called upon to refereDceS to 4Z'1 Jo.U.-4 . 298 Fla. 427 SOUTHERN REPORTER. 2d SERIES plaint aIleged that the Costas obstructed & Bridf!es § 118 (1981\; see Gulf Refinin¡< the plaintiffs view of a stop sign by: (a) Co. \'. Gilmore. 112 Fla. :366. 15:2 So. 1):21 planting a black olive tree in the swale (1934\ ( plaintiff recovered a J urig-men t area; and (b) voluntarily assuming the duty against defenoant for ¡nJunes ~eCl' i \" e<: of the maintenance of that area and negli- when she tripped O\'er a dark cord ¡dal'l'< gently failing to fulfill that obligation. The across a ¡rra,.;s plot het\\'~~n th\.' '.·~lrh :\11,\ trial court entered summary final judgment the paved ";ldewalk); :'t'l;' ¿¡i.'a ¡)ncL' \ in favor of the landowners, ostensibly be- Parks, 127 Fla. 744. 173 So. ~(I:\ I 1 ':1:171 cause it found that the landowner owed no Becaus(' we find. contrary to the ,r¡;¡! duty to a passing motorist for the obstruc- court. that a lanoowner may he liable fnr tion of a public right-of-way. We reverse. obstructions to the puhlic right-of-way. we The defendant attempts to support the reverse the summary judgment anri remand appealed judgment by relying upon Evans for further proceedings. v. Southern Holding Corp., 391 So.2d 231 Reversed and remanded. (Fla. 3d DtA 1980), pet. for review denied, 399 So.2d 1142 (Fla.1981). There, we held that in the absence of legislation imposing a duty, a landowner had no duty to maintain his property in a condition so as to protect a motorist using the adjacent highway from other approaching motorists. In Pedigo I'. Smith, 395 So.2d 615 (Fla. 5th DCA 1981), . , the court, following Evans, supra, found 1\1aria RUlZ. Appellant. that a landowner had no duty to a motorist where a tree planted on private property ~'. - obscured a motorist's view of a stop sign.· Jose Manuel RUIZ and Lumbermens \ These decisions, then, recognize that a land- Mutual Casualty Co., Appellees. owner baa a right to use and enjoy his No. 82-428. --- property in any manner he sees fit. District C{)urt of Appeal of F!úrida. Os .... other baad, an obstrudion of a pubüc: ~.wa,· by aa adjlCeDt laod- Third District. owner, eYeD by ~iftg which crows IDd Feb. 22, 1983. exiItI- apoa a private property, but which ~ iDto aDd obItrueta the publie Mother, who was injured while a pas- ~1, .. aa entirely dilferut mat- ter., The court, in Evans, specifically ex- senger in automobile assertedly negligently eluded the situation where an obstruction driven by minor daughter, sued mother's protruded onto public property. The users former husband for her injuries. The Cir- of a public right-of-way have a right to cuit Court, Dade County, Francis X. Knuck, expect that it will not be unreasonably ob- J., granted husband's motion for summary strueted. In contrast, they have no such judgment, and appeal was taken. The OIS- expectations with respect to lands that are trict Court of Appeal, Jorgenson, J., held entirely within the purview of private own- that mother was not statutorily permitted enhip. Consequently, a private person may to recover from former husband where incur liability for damages caused by an daughter's application for driver's license ~ obstruction upon a public way, 39 Am. was signed by mother and not 1)' the for- .~ t J ur.2d Highn,., Street. 4i BridS- §§ 359, mer spouse. .L ~ 361 (1968); 29 Fla.Jur.2d Highways, Streets Affirmed. 1. Altboqh die court, iD PediIlO v. SmItII, supra. tree was located entirely on private property did not state it expUdtly. we assume that the ,---,-......-...."".-...'.__.'0..,' -. . .' v"' I .., SULLI¥Af!~.· SILVE~· PALM ,.pROPERTIES, INC. F1a. 409 t CIte.. 551 5o.3.cI 409 (F1a. 1"" a distinction ·r ·,Iri~tþelns~t..case the district court af· ~ ;: \r'; . , at L~r. See STATE of Florida. Petitioner. flm1ed the:~fcourt's ~ting¡ of. Fin· j I 4. In v. ney's- motion for'postconviction relief and t 1 S~Ir.e of a its vacating of one of Finney's convictions ; Roy Kenneth FINNEY, Reøpondent. i the subcon- ."'" based on the retroactive application of Ca- r prevent the :at. No. 74607. rau.'an v. State, 515 So.2d 161 (Fla. 1987), against the ~.~ and Hall v. State, 517 So.2d 678 (Fla. 1988). 1d. In fact, Supreme Court of F!orida. Reeently, however, we held that a defen- ~e statutory March 8, 1990. dant whose convictions are fully adjudi- mit the sub- cated and final may not obtain postconvic- irectly. The tion relief based on a claim of improper !Dnot be uni- Defendant convicted of possession of conviction of multiple crimes arising from a by inserting firearm and robbery with firearm moved single transaction. State v. Glenn, 558 Jetween the for postconviction relief. The Circuit So,2d 4 (Fla.1990). In reaching this conclu· ! contractor. Court, Dade County, Alfonso C. Sepe, J., sion we also held that Carau'an should not 1e owner to granted relief. The District Court of Ap- be applied retroactively. Hall, which is the subcon- peal, 550 So.2d 1141, affirmed. The Su- based on Carawan, is, 1ike Carawan, an 'ould thwart preme Court, McDonald, J., held that case evolutionary refinement in the law. Witt ~ of the me- proscribing conviction ~ of multiple crimes v. State, 387 So.2d 922 (Fla.), cert. denied, ; allowing a arising from single transaction was not 449 U.S. 1067, 101 S.Ct. 796, 66 L.Ed,2d 612 Even if .Î retroactively applicable through motion for (1980). As such, Hall should not be ap- ns. jecision that postconviction relief. plied retroactively through a motion for ý shifted the Quashed. postconviction relief. Glenn; Low II. It to OBS, it State, 559 So.2d 198 (Fla. 1990). There- t OBS could Overton. J., concurred in result only. fore, we quash Finney and direct the dis- yment. Be· trict court to reverse the trial court's order. 1d has been It is so ordered. , hing a lien Courts ¢::>1000) (' ~ - dearly ;,.: Case proscribing conviction of multiple EHRLICH, C.J., and SHAW, ~.; crimes arising from single transaction was bond. ' 1', BARKE'M', GRIMES and KOGAN, JJ., not retroactively applicable through motion )inion under -- ~: for postconviction relief. concur. mand to the ~ - ~ s to afftnn ~ . -- OVERTON, J., concurs in result only. . ,q:.:: ~;1 , -:-:."'- Robert A. Butterworth, Atty. Gen.. Janet 'd Reno, State Atty., and Penny H. Brill, Asst. ~; .t . , 1~ .? State Atty., Miami, for petitioner. . . - rON, and Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public De- fender, Miami, for respondent. Mary Sharon SULLIVAN. Petitioner. v. 4 McDONALD, Justice. SILVER PALM PROPERTIES, We review State v. Finney, 550 So.2d INC.. Respondent. 1141 (Fla. 3d DCA 1989), because of certi· fled conflict with Harri8 v. State, 520 So.2d No. 74190. 639 (Fta. 1st DCA), rme1Ð denied, 536 Supreme Court of Florida. led 10, and did So.2d 244 (F!a.1988), and Love v. State, 532 March 8, 1990. ld. Su Amu· So.2d 1133 (Fla. 4th DCA 1988), approved, ¡son Drill Co., 559 So.2d 198 (Fla.1990). We have jurisdic- ) " tion pursuant to article V, section 3(b)(4), Passenger brought suit apinat land· Florida Constitution, and quash Finney. owner alleging that tree roots caused ·~t:~ , 410 F1a; 558 SOUTHERN REPORTER. 2d SERIES bumps in road which resulted in loss of bumps in the road were caused by roots control of automobile. The Circuit Court. from Australian pine trees that extended Dade County, Maria M. Korvick. J., found from the adjacent property owned by Silver for passenger, and landowner appealed. Palm Properties. Inc. The trees had been . - The District Court of Appeal. 541 So.2d planted fifty to :;eventy years earlier and 624. reversed and certified question of before Silver Palm acquired the property. great public importance. The Supreme Dade County ~tipulated that it owned the Court. Barkett, J., held that landowner did road, that it had r~sµonsibi]ity to maintain not have duty to retard subterranean root and repair the road. and that it had actual growth of trees located adjacent to public knowledge of the root conditIOns before the right-of-way. accident. Sullivan sued Silver Palm. the Certified question answered; decision driver of the automobile, and Dade County. approved. for ne~ligence. The jury found that all three defendants were negligent and fixed Automobiles $:>289 a percenta¡{e of liability against each. Landowner did not have duty to retard The issue here is limited to the Judgment subterranean .root growth of trees located that held Silver Palm liable. The district adjacent to public right-of-way, court reversed that judgment, holding that Silver Palm was not liable because the Joe N. Unger of the Law Offices of Joe landowner owed Ill! duty to retard the sub- terranean root ~rawth of its trees. 5il!'cr N. Unger, P.A., Miami, and Robert E. Palm Pl'Ul'afi,'s. ["r., :J·H So.~d at 1)27. Schack, P.A., Coral Gables, for petitioner. Sullivan arl{ue:-; that the law in Florida is Michael J. Murphy of Gaebe, Murphy, otherwise, citing- Pnce 1'. Parks. 127 Fla. Mullen & Antonelli, Coral Gables, for re- Î44, lÎ3 So. !IO:i (l!I:i7); Gulf Re.tïning Co. spondent. v. Gilmore. 112 Fla, :i66, 152 So. 621 (1933); Armas I'. Jl<'l7'vpolitan Dade County. 429 BARKETl', Judge. So.2d 59 (Fla. 3d DCA 1! 83); and Morales .- . We have for review Silver Palm Proper- v. Costa, 427 So.2d 297 (Fla. 3d DCA I. ties, Inc. v. Sullivan, 541 So.2d 624 (Fla. review denied, 434 So.2d 886 (Fla.1983J. --- 3d DCA 1988), in which the district court We find Sullivan's reliance on these certified the following question of great cases misplaced. Both Gulf and Price in· public importance: valved artificial conditions created by oth· Does a landowner have a duty to retard ers directly on the public rights-of-way and the subterranean root growth of its trees not natura.1ly ¡.?;rowing vegetation on abut· which are located adjacent to a public ting land. In Gulf, a gas station owner right of way? had cordoned off the swale area between Id. at 628.1 We answer the question in the the curb and the sidewalk to discourage negative under the circumstances present- pedestrian traffic across the newly planted ed and approve the decision of the district grass. The cord was on stakes, dark In court. color, and not readily observable at night. Sullivan was injured when she was a One night. the plaintiff tripped over the paaaenger in a car that ran I)ff a rural, cord as she stepped across the grass, and paved. two-lane public road and struck a the Court ruled that this artificial condition tree. The collision occurred after the driv· created by the station gave rise to liability. er lost control due to a series of bumps in In Price. the Court held that an injured the road surface. The road had been built plaintiff had a cause of action against a <- and maintained 2 by Dade County and the tortfeasor who caused a dangerous condi- ~ .. 1. We have jurisdiction. An. V. § 3(b)(4), Fla. Z. For example. the county had root· pruned the .k Const. trees in 1974 when [he road was resurfaced and widened. --- -- , . FLORIDA PATIENT'S COMPo FUND v. SCHERER Fla. -HI Cite.. 551 So.ld 411 (Fta. 19'JO) eaused by roots tion by allowing materials from his vehicle walks. Those decisions refused to hold 's t~~t. extended to fall onto the roadway. In that case, a landowners liable for injuries eaused by c by Silver contractor spilled slippery materials and roots growing under the surface of a public ! trtt::S had been substances from his truck onto a public right-of·way. City of Birmingham r. ears earlier and bridge, causing the ensuing accident. Wood, 240 Ala. 138, 197 So. 885 (1940); ed the property. Morales and Annas. on the other hand. Wall l'. Village of Tallulah. 385 So.2d 905 .hat it owned the do involve natural conditions rather than (La.Ct.App.). u:rit refused. 393 So.2d 73í artificially.created ones. In both cases, the (La.1980); Rose 1'. Slough. 92 ~.J.L 233. ,jJjty to maintain . landowner was held responsible for the 104 A. 194 (1918); Bennett 1'. Gordon. 101 ,1at it had actual maintenance of trees or vegetation that ~.J.Super. 252, 244 A.2d 13,,) IApp.Di....). ,¡tJOn:: before the obstructed the motorist's view of a stop cert. denied. 52 NJ. 499. 246 .L~d 4iici ,¡I 'o'er Palm, the sIgn. Like the district court, we see consid· (1968). We find the rationale in thost' nd Dade County, erable difference between the duty imposed cases directly applicable: found that all ligent and fixed in Morales and A rmas and the duty sought It was the responsibility of the municipal- to be imposed here. As the majority below ¡ty, and not that of [the abutting proper· gainst each. noted: ty owner], to maintain the sidewalk and to the judgment [C]ommon sense required that a duty be correct the defect. Because of the reo Ie. The district imposed upon the landowner to remove moteness of the relationship between the ~nt, holding that landscaping which obstructed critical tree owner, the growth of the tree root.__ ¡Ie because the traffic signage. Vegetation that over· and the resulting defect in the ~idewalk, ) retard the sub· hangs and blocks out a traffic control it cannot be logically held that [the abut· ts trees. Sif¡'er device constitutes an obvious condition ting property owner] actually "created or 11 So.2d at 627. and presents an imminent danger of un· caused the defect involved." aw in Florida is controlled traffic. The offending branch, Wall, 385 So.2d at 909 (citation omitted) Parks. 127 Fla. moreover, need only be clipped away. a We answer the certified question in thl:; '.llf Refining Co. i2 So. 621 (1933); straightforward remedy. . . . context in the negative and approve the . .. [!]n the case now before us the decision of the district court. . lde County, 429 3); and Morales offending vegetation was anything but It is so ordered. r 3d DCA), j obvious. The root growth was slow and t subterranean; the defect in the right-of- (Fla. 1983). ¡ EHRLICH, C.J., and OV£RTON. ~ , way became noticeable only after a con- liance on these McDONALD, SHAW, GRIMES and siderable passage of time... . All par- KOGAN, JJ:. concur. tif and Price in· ties stipulated that Dade County, not Sil- created by oth· ! --......... \ ver Palm, owned and maintained the ights-of·way and I roadway shoulder and surface in the area ';etation on abut· of the accident. SÜ'f'er Pabn had DO ftght .s station owner , - at any time to ~ or aJter the sW'fMa Ie area between . of the roadwaJ. TQ hold a landowner k to discourage liable for failing to clip back vegetation FLORJDA PATIENT'S COMPENSA· Ie newly planted that has overgrown a traffic control de- TION FUND. et aI., stakes, dark in I vice is reasonable. To impose upon a Petitionen/Cro....Responden is. ~rvable at night. j landowner a duty to undertake root ripped over the I v. ~ i trenching or tree topping purely in antici- Clara M. SCHERER. 3 the grass, and j pation that subterranean growth may al- rtificial condition ¡ ter the surface of a public right-of·way Respondent/Cro.....Petitioner. e rise to liability. I at some indeterminate time in the future No. 72878. I that an injured is both burdensome and unreasonable. Supreme Court of Florida. action against a , SilWl' Palm. Propertiu, 541 So.2d at 626- dangerous condi- t 27. March 8. 1990. lad root-pruned the j Although this precise question is new to was resurfaced and Florida, other jurisdictions have considered Patient brought medical malpractice this issue in the context of public side- action against physicians, hospital. and Pa· Fla.C_ 557-551 50.2_11 , - - . PRICE' V.' e~,!,!~(.; FIa. 903 171 lie. ¡ suit by bill of Benúce S. Sh~n;'han'kept the policy in: ~~~~ agalDst, <;entractor SbOWD to ha\"!' limants praying force for several years after it was given occasioned dangeroulÌ condition by allowieg --L 'rplead and that to her with her own earnings, openly re- materials from hIs'~vehIcles to faIl and neg· ; of the policy sisted an effort on the part of Shannahan ligently to accumulatè OD highway or bridge. :plainant be d¡s- , to. recover it, always contended that the e\'"en though contractor has assumed co duty ;ty in respect to ~ policy was hers and consistently support- to maintaill or keep highway or uridçe ie ed her right -to retain possession of it. repair. their right to The record reveals nothing to show an . ~ decree oi in- inconsistent position on her part, while as Error to Circuit Court. ~lo:1,oe Caun- ;ich was Jül1~. tÐ Sh:tnnahan, it is shown that he repeat- ty; Jefferson B. Browne. Jud~e. aim to the pro- edJy took different and inconsistent posi. ) e~ch claim, a tions for the purpose of recovering the Action by George G. Parks against .r. E. \'erse chimant. policy. Price, individually!and as owner 0 f (he Okee- . . . chobee Construction Company. To review :¡ final hearin'" [1] T~e authortU~s g~nerally sust~ ß a judgment for plaintiff, defendant brin~s . '" ,mIce S. Shan- the doctrtne that a hfe Insurance pohcy " roceeds of the b h b' f I 'f G error. may e t e su Ject 0 a paro gl t. ar- Affi ed ¡gly. This ap.· ner v. Bemis, 81 Fla. 60, 87 So. 426; Mc- rm. Donald v. McDonald, 215 Ala. 179, 110 W. Curry Harris and William V. AJbury, id Shannahan, So. 291; 12 R.C.L. 9~~; 37 c.J. 429. both of Key West, and Waller & ~,!cgin' the chancellor [2J By the issues and the facts proven, niss, of Tallahassee, for plaintiff in error. e the right to the chancellor could have in right and Arthur Gomez, Aquilino Lopez. Jr., and eserved in the justice reached no other conclusion than Thomas S. Caro, all of Key West, for dc- de repeated at- to award the proceeds of the policy to fendant in error. ticiary out was the apµcllee; so his judgment must be, / appellee Her- and is hereby, affirmed. PER CURIAM. .s in IJussessíon Affirmed. . This was an action brought in the circuit to surrender it court of Monroe county by George G. Parks, ELLIS, C. J., and BUFORD, J., concur. whereby plaintiff sought to recover from , appellee con- J. E. Price, individually, and as owner or , !annahan made WHITFIELD, P. J., and BROWN· and the Okeechobee Construction Company, for , to her before DAVIS, ]J., concur in the opinioaand certain injuries and damages alleged to have he policy was judgment. been sustained by the said Parks as the re- :e d by her at suIt of an automobile accident un. a detour e insured, who c@!-~ bridge extending between Stock Island and ; in her posses- .........--.... the Island of Key West, in Monroe county, r own earnings as a result, so it was alleged in the declara- d in effect for tion, of the negligence of the defendants. elivered to her. who were using said detour bridge in con- stion 0 f owner- PRICE v.PARK&. neciiorr with their work for the State Road in issue, and Supreme Court of Florida. DlvtslOD B. Department, in- allowing certain slippery aterial respects ÂpQl 21, 1931. materials and substances being hauled by. ;ubstantiaI evi. them over said detour bridge to so accumu- ~ of the chan. I. Automolall.. $11284.,.290 tate thereon as to make said brid~e danger- ( contradiction Person wbo causes detect or obstructloa ous to persons whom the defendants knew, J.han took out 1D traveled public W&1, tDeludIng detour or ought to have known, were likely to be þrotectJon of bridp kept open for pubUe use, i8 Uable injured by said dangerollS condition. The and two small to motorl8C for lDjuriea ('aused thereby. declaration was upheld as against demur- the premiums where detect Wall occasioned by such per- rer, and upon trial a recovery for $2,000 ; he was con- son', a1Brmatl" act or positive neglect, and damages and costs was sustained by the trial rt Myers and motoriat d~ not 1018 hla right to reeoy· judge, whose judgment to that effect comes id Shannahan; er beeause of hla own fault, even though no here on writ of error. cd to abandon general duty of maintenance has been ... [1] A person causing a defect or ob- before doing sumed by such person or e;dsta on hi, part. struction in a traveled public way, including j told her that a detour bridge kept open for public use. 15 it; that she 2. BrIdge. e=t35 liable in damages to an injured automobilist with it; and Highway. $11200 for injuries caused by such defects or ob- Jecame of her RIght ot action of person barmed by struction, where the defect or obstruction married Cath. dangerous condlUon of biChwQ' or public was occasioned by the affirmative ac, or died in 1935. hri( ~(· 1;<'llt "IJeIl tor public travel mq be posiùve ne&lect of the defendant. a.nd plain- t I I -. - 904 FJa. 173 SOUTBER~ REPORTER tiff has not Jost his rjght to recover bccause the years designated (Acts 1935, c:. 17406, of his own fault in the premises, cven thouç:\ § 9), no ~enera¡. du:y ~! ~n:¡inte~a~ce h~s, bc~n 3. S:atutes (:::>121 (6'12) assl.med by de t<::nu...n, , or CX1S,S on ",' part, i.'rulisiuu of statute prohihitln~ sale by , [2J If harm is c:J.u"cd by thc dJ.ngtro~¡s State OJf tax ~ltle ccrti~c:\te!' co\"ering cer· condition oi a 11i~hl'i:\Y or puulic lJrid¡:e tain y,~ars, Ilr1lil a day c·¿rt:1in, ex('C'pt on held open for public tr:1.\'cl. t;1C ri~ht ,,¡ 1';I'iftl'U ap¡dicaLÍ<Jn of (,\\'ner. hid to come ,lct1On of :j~c person h,HnJcd nJ:\) l>e 1'11- .."thin punil'w o[ tit!e of :let \\'hkh pro- forced :\"Ilinst :J. cOlltr:1.c:,)r ,,11,)\\'11 to 11:11',' I¡.kd fur "tile conlpruluise alld ;¡dju~:!I1cnt occasjon'~d a d:l!1gcrous COlldltion of SIUJ of ¡ax ~ale t'l'I,tili<.:ates 11<'ld by state 'Ipon highway or bridge hy allowin:: 11Ialcria;s n'rtlliu cuuùiLiuus" (ACLS 1933, c. 17-tOG. § 91. from his vehicles to LdI and !I<.:f;II~C;¡lly :0 accuml1latc 011 "amc, c\'el1 thol1g-h stich COI1- 4. Constitutional law (;:::042 tractor has aS5t:med no Juty to maint:\1n or 1':lI't.r scddllg atljudi<.:ation ot COllrts on keep thc hi"1l\1'1t)' or brid;-e in rep:1.ir, the el>nstitutiunality o[ a statute mllst $how I' ~. f ¡ f ' I f that his cOlIstitutional ri¡;hts hal'e ueen auro- An :\PI' ¡Catloll 0 : IC or(,~ol!1b ru e 0 ;..:ateù or arc threateneù ~. tile act. bw to tlte plc:ld¡¡¡;s :lnd cVldcnce rC'iUlr-.:s ) an aftirI1111nCC u(tìlC juLÌ<;"I1lUlt, :llld it IS:;O 5. Constitutional law C:=>42 urdcred. ¡ 'arty clrallell¡;in¡; constitutionality ot Af:irmcd. statllW (lrohilJiting sale ot tax sale œrtifi· l'at,-,s Ioy Statl'. ulltil a day certain, held with- \VI] [TFIELIJ, P. T.. ~:1(1 r,hO\\':\ and tlllt H"lIdin¡:; to maintain suit, where he was D.\VIS, II.. c, :¡(Ilr. . tllIly a pru~(I<.'cti\le purchaser ot a certllic:lte ELLIS·,-C. ).. and TLJd,ELL :!IId DU- I\'Hh. no present interest in the l'ertilicate FORD JJ" concur in t11<: uVtllion llllJ juu:;- n"r III the land npon which It waa a lieD , and I\'"S not l ¡~erlllllllated a¡;:unst, and stat. ment. lite ap(llied similarly to all like liituated. (.\ets lUJ5, c. 17400, I 9). €<\t'I...,,, "'",,) 6. Appeal and error ~1138 In mandamus proceedings to compel sale ot tax sale certificate by State contrary to statute prohibiting such sale until a day cer· tain except on written applicatIon ot owner, -_ constitutionality of which was chal1en~ STATE ex rei. PRINGLE Y. DYKES, Clerk by petitioner, passing ot day designated In of Court. statute while case was pending so statute no longer applied to taJ: sale certiftcau. heU Supreme Court of Florida, Division A. to make issue raised by proceedings moot April 12, 1937. (Acts 1935, ¿. li406, I 9; Comp.Geo.Lawa ~upp. § 992). I. Taxation ~679(5) Delinquent tax certificates In the hanrls DA VIS, J., dissenting In part. of tbe State are subject to legislative dis· . _ position, provided such dispositioll does lIot violate due process, equal protection, or unl- Appeal from Circuit Court, Lake Coun· form taJ:aUon clauses of Constitution. ty; J. c. n. Koonce, Judge. 2. Constitutional law ~229(3), 285 Application for alternative :writ of man- Taxation ~615 damus by the State, on relatIon of H. L. P I I f t t h'hlt' I f Prmgle, a~amst Gco. J. Dykes, as Clerk rov 8 OD 0 S atu e pro I 109 sa e 0 f th C· 't Co t f Lak C ' . 0 e IrcuI ur or e ounty, tax sale certificates eo\'eClug designated T d t h' d d' " th ' ,u ~men quas mg an Ismlssmg e years held ~1 State, ~ntll, a day <:crwlß. cx· ~vrit, and plaintiff brings error. cept on \vrltten apphcat!on at owner, held _ uot 'l'iolatlve of the due process, equal pru. Affirmed. tection, or uniform taxation clauses at Con· H. L. Pringle, of Leesburg, for plaintiff stitution. sín<,'e purpose and effect "'as not 111 error. to relie\'e o\mer of allY part ot tax, in- J. \V. Hunter, Duncan, Hamlin & Dun- terest, or penalty, but merelr to e~tend pc- can, and John S. Lavin. all of Tavares, for rlod of redcmption tram lien [or ta:l;cs for deiendant in error. , GULF REJ'INING 00. Y. GILHORE , 10'1... 621 r 161 So. -.'1[ . GUes J. Pattersoa. of JaclœonvWe, tor ¡ - fit B....,..., SISCAYNE TRUST COMPANY, . Co".,.· pla1ntl.1r JD error. I.rtd.. Ap,.,... tlo., M. A. Siltlth, as U4ulntor of sal' BI.. Stockton. U1mer .. Murehiaoa. of Jac.k8OD' ~ '. Appell... cay.e Trust CempaJlY, Bank of Bay Biscayn., rtUe, for defendant I.D. error. :da. a Corporation, aJld M. A. Smith, as Llquida- PER CURIAM. tor of said Bank of Bay Biscayne, AppellanU, TIlL; cause having heretofore been submit- . . Y. George T. O'FARRELL, Appellee. '..' Ced (0 the <."Ùure upan che tra.nscript of the Johns CoUD- Supreme tourt of Florida. r£'<.'Ord ot the judgment herein ~nd bMe.ts and Jan. 27, W34. ar¡,-umcnt of counsel tor tile respecti~e pdr- ties, and tile record having been seen a:;d in- stine, for .~ ¡ En', Bane. s(.)<.'<:tcd. and the conrt being now ad\'i~ed of 'ì. Appeal from Circuit Court, Darle County; its ju:ìl;'!U~l1t to be given in tbe prl"mise-s. it : :., for appellee. seems to tbe court that there is 110 error in l Worth W. Tl'ummell, Judge. ' ' the said judgment. It is tilerefore- '",nairler- ! ¡ Mitchell D. Price and Ch.lrl~s W. Zaring, ed. ordered. ;tod adjud¡;ed by tlJe <."Oun that r counsel tor both of Miami, for apl>ellants. the said judgment of the circuit court be. ;wd Vincent C. Giblin and Geo. T. O'Farrell, the same is hereby. atlirmed. both of Miami. for Ilppc\1ee. VA. \'IS. C. J.. anll WHI'rFIELD, ELLIS, PER CURIAM. BIWWN, and BVE'OltD, JJ.. coneur. J In this case a maJority. Qt the court are of the opinion that the orrler I1ppealerl from 'l'EHHELL. J~ not particlpatin¡. falls within the punic\\' of TlIcrrl'lI \'. How- aJ.. PlalntHrs land (l<'la.) 146 So. 203 (sixth headnote), and On ncheaMng. that therefore it should be rC\"l"r5eÙ and re- ex rei. A. N. OlandI'd 011 authority of the opiuion In that PEIl n::H..IAM. Erro,.. case. Un Odoucr 1.. 1'.>33. the jud¡:-mC'flt h"rl'in IlL lteverscd and remanded. was atli:-nwd by a per I:uriam dl'l:i,i"n I\'ith- out opinion. The cnse is no\. lIef"r, , II' fur DA VIS. C. .T.. and WHI'n'IELD, TER- reconsider~tion upon rl'hearin¡; granll'd :.Ind RELL, and ßU¡"OUD, JJ., concur. rear:;uwent had then!On. ,. :Ounty. Plaintilr below sued tor an injury sustain- plalnt'1ra In BROWN, J.. dlsl UaJUIed. ed by her when she tripped over a cord in the "' nighttime as she stepped up onto the <."\lrb IIter Haven. '""...... and started to wnlk acr~ a gras... plot locat- .h '.,,," ed between tile curlJ and paved sidewalk at ,.~. '2~ that point. The proot sh<Jwed that detendant, .-- a corner tillIng station operator, !Iud seyeral lon of coun- "t. ~_ -.....- days prior to plaintifI's injury dug up tile space lJetween the curb and sidewalk tor a .. . GULF REFINING CO. v. GILMORE. gra9S plot. had planted it with SC<: dId had Supreme Court of Florldn. Division B. thereaf~r, in order to díscour~(! .-in~ by -~...~ ped~tri.:1ns acrOSlf the planted sp" ,;crctd.l- Oct. 17, 1933. ed a dark brown wrnppi!lg cord, _'0: r~':¡d¡¡y On Rehearing Feb. 7, 1934- discernible at night, on stakes. around Ihis grass pl'lt. The ¡Jroof is adequate that the Munlcl,a' cor tOratlolll 4Þ808(2). cord, i'u...'pended as it was alJout six or ci:;ht Evidence showed that comer lillinr sea- Incàes trom the ground arouud (he ;;ra.ss as G. &. L. Cion operator waa necll¡ent In leaving brown plot, and being dark col",red against a uark Robert E. œrd on stakes around ¡rasa plot located be- background, was hard c.o see, and tlJat no tween curb aDd 8ldewalk, causiJlg pedestrian noeice. light. 01' waxnin;; of it was erected or placed II.t the spot to a.dvl>e p<.-ùestrlaDS of Is. to trip over cord in nI,httime. the cord's c~istencc at that point. We think the t"erdlct wns amply justified by lerroI' to C1reu1t Court, Duval CountJ; W. the c\·idence. a.nd Is sustainable as a mateer 'e Count1. of law on the fol:owJng nuthorities: Long v. ¡. Barker, Jud... American ny. Express Co.. 1:;0 La. 184. 90 the motion, A.ction by Nannie P. Gilmore, unmarried, So. 5U3, ~~ ..\.. L. H. U93; Opdycke V'. Public I against the Gulf Relininc CompanJ. To "" SeM'lce R. Co.. 78 N. J. Law, 576, 'i6 A.. 1032, view a jud3ment in tuor of plaintid', delend- ~'9 L. R. A. (:'to-, S.) 11; Diclte1 v. MlLLDe Tele- coUDlJel for JUlt brjnp error. graph Co.. 46 Me. 483. .Att1rmed. In the present case the gist of the cause ot u.. Æ't c=orol' otIIer __ _ ..me LoULc &Ad KEY IòUMül::l1. In _II KCF Su.mber DIC....c.a "ad lacluu .~...r - 622 FIa. 152 SOu·.n:1.1!¡~ REPORTER action sued for W1lS the placing by a priftte PER CURB.~ corporation ot an obstruction OD a part of Appeal dismissed on motioD of -couDSel for- Ie the street that, in the absence of some warn· the respec:t1n parties. In.g as to its preseoce, was presumed to be froo of dangerous pitfalls such as cords and the like. stretched in such manner as to trip . p'-'<lestrians attempting to cross from the C'Urb ., to the sidewalk proper, In such c:lSes the lia- bility of the private person placing the ob- James M. MADDEN. JunIor, Aprellant. Y. DU. struction and failing to give warning of its VAL FINANCE CO. et al.. Appellees. ~ pre5(!nee is dilIerent from the liability of the city fot' the same defect. Supreme Court ot Florida. TI.lerefore the ca.;;es relied on by pll1intit'!' In J ,me tcrm, 1!J33. . error for reversal are not ill point, since they , refer to the liability ot a municipal corpora- Appeal tram Circuit C<>urt, nlll":1I County. tion for injpries recci\"ed by JI. pedestrian D. C. Campbell, ot Jncksonvllle, for appel. when occasi-oned by tlIe mere preseoce in a l!lnt stroot of a.n oustrucuon Ulat conceivauly can bo placed there under proper condition&. ßaker &: Uaker, of Jacksonville, tor appel- Hea.l:!1rmed on rehearing. lees. WflITl<'¡I-:LD, P. J.. and BROWN and BU- PER CURIAM. FOhl>, JJ., concui: A p!'Cal dismissed. on motion of counsel tor appellees. DAVIS, C. J.. and ELLIS and TERRELL. JJ.. concur in the opinion and j1Jdgment. MIAMI COCA COLA BOTTLING CO., a Cor. poration, Plaintiff In Error, v. George A. STRATTON, Defendant In Error. . Supreme Court of Florida. ! . GlOrge H. SIMONS et a", Appellantl, Y. J. L. June term, 1!J33. GANT, Appell.e. Supreme Court of Florida. Error to Circuit Court, Dade COllnt)'. : June term, 1933. Kurtz 4: Reed, of Miami, for plalntltr lJI er- ror. ---- Appeal from Circuit Court. Sarasota Coun· James ~I. Carson and Ross WllUams, both ty. of Miami, for detendant In error. Fmnk Redd, of Sarasota. for appellants. PER CURIAM. R. H. House, of Sarasota, for appeUee. Writ of error dismissed, on motlon of COQlto PF.R. CURIAM. sel for the res~tiYe partles. Appeal diamissed on motloD of counsel for It.ppellee. GUI CHESHIRE, PlaIntiff In Error, Y. STATE of Florid'., Defendallt In Error. Fred P. MADISON .t al., Appellants, v. C. Eo Supl'ewe Court ot Fioriùa., MEES, Appellee. JUlie terlU, 1933. Supreme Court of Florida. Error to Clrcwt Court, Escambla Count1. JUl1e term, 1933- . D. W. Berry, of Pensacola, tor plaiJ1tltr In . . error. Appeal from Circuit Court, Sarasota Coon- Cary D. Landis. Atty. Gen.. tor the State. .;+-~ ty. ·It WWlama 4: Dart, of Sarasota, for appe1- PER CURIAM. ¡ants. Writ of error diamiliSed on motlon of tile .;..,. ~.. C. 1.. McKaig, of Sarasota, for appellee. Attorney Gt!neral. I , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER811 SUBJECT: AGENDA ITEM i J;J.. A - MEETING OF JULY 5. 1994 FIRST READING FOR ORDINANCE NO. 56-94/REZONING FROM MIC TO CF TO ACCOMMODATE CO-TRAN SATELLITE BUS FACILITY DATE: JUNE 30, 1994 This is first reading for Ordinance No. 56-94 which rezones a 7.49 acre vacant parcel from MIC (Mixed Industrial and Commercial) District to CF (Community Facilities) District. The subject property is located at the northwest corner of Congress Avenue and N.W. 1st Street and is proposed in order to accommodate a satellite facility for the County's bus system. A detailed staff report is attached which provides a full analysis of the request. The Planning and Zoning Board reviewed this item at a public hearing held June 20, 1994. A synopsis of that hearing is included in the staff report. After hearing public testimony, the Board reached a consensus that the development proposal would be an aesthetic asset, have less impact than uses allowed under the current MIC zoning, and would create quality jobs. Having made positive findings in accordance with applicable LDR sections, the Planning and Zoning Board recommended approval of the rezoning on a 6 to 0 vote. The concurrent conditional use request to establish a Palm Beach County Co-Tran satellite bus facility was also recommended for approval and will be brought to the Commission for consideration at second reading of Ordinance No. 56-94. Recommend approval of Ordinance No. 56-94 on first reading, based upon positive findings with respect to Chapter 3 (Performance Standards) of the LDRs, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). If passed, second reading will be July 19, 1994. 3 tB I ~) C(lÛ'ì· ref:a:agmemo11 , · -- , ORDINANCE NO. 56-94 I , AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) ¡ DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; I I SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND N.W. 1ST STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, , AND AN EFFECTIVE DATE. ¡ I the property hereinafter described is WHEREAS, shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned MIC (Mixed Industrial and Commercial) District; and WHEREAS, at its meeting of June 20, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, I reviewed this item and voted 6 to 0 to recommend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CF (Community ¡ Facilities) District for the following described property: A parcel of land in the North One-Half of the Southwest One-Quarter of the Northeast One-Quarter of Section 18, Township 46 South, Range 43 East, in Palm Beach County, Florida, being described as follows: ¡ Commencing at the intersection of the East right-of-way line of Lake Worth Drainage District (LWDD) Canal No. E-4, with the South line of the North One-Half of the Southwest One-Quarter of the I, Northeast One-Quarter of Section 18, Township 46 South, Range 43 East, in Palm Beach County, Florida; thenc e North 11 degrees 48'50" East along said East right-of-way line of LWDD Canal No. E-4, a distance :1 of 20.39 feet to the Point of Beginning, said point being the intersection of the East right-of-way line of LWDD Canal No. E-4, with the North right-of-way 1 , line of N.W. 1st Street (a/k/a Don Francisco's Way), ¡ as.. recorded in Official Record Book 2321, Page 1894, of the Public Records of Palm Beach County, Florida, said line being parallel to and 20 feet Northerly from the South line of the North One-Half of the Southwest One-Quarter ~f the Northeast One-Quarter of said Section 18; thence South 89 degrees 21'29" East along said North right-of-way line a distance of 604.27 feet to the West right-of-way line of Congress Avenue as shown on Palm Beach County Right-of-Way Drawing No. 85-045 R/W for Congress Ave. ; thence North 00 degrees 19'14" West along said West ! right-of-way line, a distance of 605.09 feet; thence I North 89 degrees 21'29" West along a line parallel to J and 625 feet northerly from the South line of the I North One-Half of the Southwest One-Quarter of the i Northeast One-Quarter of said Section 18, a distance :i of 474.62 feet to the intersection of the East I right-of-way line of LWDD Canal No. E-4; thence South , 11 degrees 48'50" West along said East right-of-way I line of LWDD Canal No. E-4, a distance of 616.69 feet ,! ! to the Point of Beginning. ¡ The subject property is located at the northwest corner of Congress Avenue and N.W. 1st Street; containing 7.49 less, subject to I acres, more or existing easements, restrictions, and reservations of record. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. I Section 5. That this ordinance shall become effective ten I I (10) days after its passage on second and final reading. I - 2 - Ord. No. 56-94 I · ¡ : PASSED AND ADOPTED in regular session on second and final I I reading on this the day of 1994. ; , ¡ I MAYOR , : ATTEST: I I I : City Clerk I I First Reading ! Second Reading , I ¡ I I I I ! i i i I I I :1 - 3 - Ord. No. 56-94 ; \ I I I II , II 1 \ . r I v i :~~J '''I '~7JI~ / 1/ I I n ~ !:::-JI I, I 0. Ij _ 0 1, m ~ ~-I/. ~. ~ ~o 1/ _I b ~~, 7: ~ ~ lr I 11 T II I ~ / / ~ 'J I u 1-=11 l' I mil ¡'CRJ =t::: Î I Y::¡::l' I U 7 I/¡- -- 1 I tD j / ....... -...... - - r 1 -TfH¡- .- -- ~ _ _ ~ 1 J Z - L1LU I ì CJ-..l . I _~Jr ~~. I--~n ,J 7 :;;: / r- ~ '7. ~ I . ~ - ~ I i ~ v@- = Z I' I :~ C 95 ~ = j: z ~. ~. ," "7' ./ ~ ~ - - "'- - TT ...... - ~~ r be / ~ ~ .....l - ~ I / ~;: ¡: ~. ~ - ~~~u I ~ ~V J:j, '"" .re::- IA'~ ,€? ~\ ~ J- I L N - CIIY~-::"n. CO-TRAN REZONING - - 01(;"'.40 lIAS£ IIAI' SYSTÐI -- . tK tfiJ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~. HA U)E~, CITY MANAGER . ~~ \ NJJ\ THRU: DIANE DOMI , DIRE D~TMENT OF P~IN ING /~~ . FROM: PAUL DORLING, P INCIPAL P SUBJECT: MEETING OF JULY 5, 1994 FIRST READING OF AN ORDINANCE REZONING A 7.49 ACRE PARCEL LOCATED ON THE NORTHWEST CORNER OF N . W . 1ST STREET AND CONGRESS AVENUE FROM MIC( MIXED INDUSTRIAL AND COMMERCIAL) TO CF (COMMUNITY FACILITIES). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of a rezoning ordinance affecting approximately 7.49 acres on the west side of Congress Avenue north of N.W. 1st Street. If approved at first reading a concurrent conditional use request to establish a Palm Beach County Co-Tran satellite bus facility will accompany the rezoning request at second reading. BACKGROUND: The property is part of a larger tract which includes property located on the east side of Congress Avenue. While the 7.49 acre site is currently vacant, the southwest corner has been used in the past as an extension of the junk yard which was previously located on the east side of Congress (Auto Save, Inc. ) , and the center of the site was used as a construction storage area for Congress Avenue widening. The proposal is for a change in the zoning from MIC to CF, in order to accommodate a satellite facility for the county's bus system. The attached Planning and Zoning staff report contains additional information on the background of this property, as well as a full analysis of the request. . PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a public hearing on June 20, 1994. Five members of the public spoke in opposition and two in favor of the request. Those who spoke in opposition cited the following issues relating to the proposed .rezoning and conditional use request. * Additional traffic on Congress * Population is vehicle orientated not mass transit orientated. * Pollution * Noise * Detrimental to surrounding development particularly the recently approved Delray Club Condominium development. * Newly created jobs are not guaranteed to Delray residents. The people in favor of the request supported the development proposal citing the following reasons: * Will bring relatively high paying jobs to the area * Aesthetic asset to the Congress Avenue corridor Several letters of opposition and one in support were received (see attached copies). As the above concerns relate to the conditional use it would be more appropriate to address them at second reading when the conditional use will accompany the rezoning request. After taking public testimony the Board discussed the proposal and reached a consensus that the development proposal would be an aesthetic asset, have less impacts than uses allowed under the current MIC zoning district, and would create quality jobs. The Board was able to make positive findings in accordance with applicable LDR sections, and recommended approval of the Rezoning and related Conditional Use request on a unanimous 6-0 vote. RECOMMENDED ACTION: By motion, approval the ordinance rezoning the subject property from MIC to CF on first reading, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land development Regulations, policies of the Comprehensive Plan and Section 2.4.5 (D)(5). Attachment: * Planning and Zoning staff report * Sketch 'DVm * Location Map * Ordinance by others . 'PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- ,.,¿ETING DATE: June 20, 1994 AGENDA ITEM: V.A. ITEM: CHANGE OF ZONING from MIC to CF for CoTran Satellite Facility. GENERAL DATA: Owner.. ....... . ..... .... .Berthe SendzimIr clo scott HawkIns Jones, Foster, Johnston , Stubbs P. A. Agent....................Audrey Wolf, DIrector FacIlities Department Board of County CommIssioners Location.................Northwest corner of Congress Avenue and NW 1st Street. ~~operty size............7.49 Acres -- 11.1 , > ~ity Land Use Plan.......Commerce 0( -j City Zoning..............MIC (Mixed Industrial and I Commercial) . j Proposed Zoning..........CF (Community Facilities) . Adjacent Zóning...North: MIC East: MIC South: MIC IICN F" W Q , .. West: RM (Multiple Family Residential - Medium VI ~ Density) and RR (Rural VI Residential) 11.1 It: Existing Land Use........Vacant. a z Proposed Land Use........Rezoning from MIC to CF -- 0 "- to accommodate the u establishment of a County bus terminal. ~/1 Water Service............Existing 8" water mains ~c along Congress Avenue and a 2' main In NW 1st Street. Sewer Service............Existing 8" sanitary sewer main along the east side of Congress Avenue, approximately 400' south of the subject property. J V.A. . · I T E M B E FOR E THE BOA R D: The action before the Board is that of making a recommendation on a rezoning of a 7.49 acre parcel from MIC to CF. The property is vacant and located on the west side of Congress Avenue, north of N.W. 1st Street. The rezoning action is related to a proposed CoTran satellite facility for the South County area. An application for Conditional Use approval for a transportation terminal (bus terminal) is being processed concurrently with the rezoning, and is described in a separate report. 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 the rezoning of any property within the City. B A C K G R 0 U N D: The property is part of a larger tract which includes property located on the east side of Congress Avenue. While the 7.49 acre site is currently vacant, the southwest corner has been used in the past as an extension of the junk yard which was previously located on the east side of Congress (Auto Save, Inc. ) , and the center of the site was used as a construction storage area for Congress Avenue widening. On November 8, 1988, the parcel was annexed into the City with a LI (Light Industrial) zoning designation and Industrial land use designation. The site's Industrial land use designation was changed to Commerce with the adoption of a new Future Land Use Map in November, 1989. With the adoption of the Land Development Regulations in October, 1990 the parcel was included in a City wide rezoning of LI parcels to MIC (Mixed Industrial and Commercial). PROJECT DES C RIP T ION: The rezoning request involves a change in the 7.49 acre parcel trom MIC (Mixed Industrial and Commercial) to CF (Community Facilities). The rezoning action is related to a Conditional Use request to establish a CoTran satellite facility which will serve the South Co,; toy area. The facility will contain 59 buses, 49 of which will be dispatched from the site during the day to travel predetermined routes throughout the South County area. The site will also house 10 para-transit vans which are small vans which will provide individual door to door service for the handicapped. The site will contain a 10,000 sq. ft. maintenance building and a 4,000 sq. ft. administration building. For further details see description in the Conditional Use staff report. · P & Z Staff Report Rezoning for CoTran Satellite Facility Page 2 Z 0 N I N G A N A L Y S I S: The subject parcel is currently zoned MIC (Mixed Industrial and Commercial) and the requested change is to CF (Community Facili ty) . The surrounding zoning is MIC to the north, south and east. To the west is currently zoned RR (Rural Residential) and RM (Residential Medium Density). The existing uses to the south are Urdls Waterfalls (manufacturing), Jay Ray, Inc. (retail/industrial), consignment shop/upholstery operation and window tinting; temporary construction storage and vacant to the east; automotive repair uses to the north, and three single family homes and vacant to the west. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The requested zoning change is from MIC (Mixed Industrial and Commercial) to CF (Community Facility). The property has a Land Use designation of Commerce. Pursuant to the purpose statement for CF zoning (Section 4.4.21(A», the CF district is deemed compatible with all land use designations shown on the Future Land Use Map. The purpose statement also states that the CF zoning district is a special purpose zone district primarily intended for facilities which serve public and semi-public purposes. Pursuant to Section 4.4.21(C)(8), within the CF zoning Transportation stations and terminals (bus terminal) are allowed as a Conditional Use. As previously stated, the Conditional Use action for this item is being processed concurrently. concurrencr: Facilities which are provided by, or through, the City shal be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. , P & Z Staff Report Rezoning for CoTran Satellite Facility Page 3 The stated purpose of rezoning the parcels is to accommodate a CoTran bus terminal. The impact of the use on services such as water, sewer, solid waste, parks and open space, and drainage are addressed in the Conditional Use request. The rezoning request will not have a negative impact with respect to water, sewer, so~id waste, or drainage. Pursuant to Section 2.4.5(D) with all rezoning requests, traffic information is required addressing the development of the property under reasonable intensity pursuant to the existing and proposed zoning. As the CF zoning district is a site specific zoning designation the traffic study submitted relates specifically to the proposed CoTran bus terminal use. The traffic study indicates the proposed use will generate approximately 508 daily trips. Development under the current MIC zoning district could potentially generate 2,532 daily trips. This rezoning and subsequent development of the facilities results in a potential reduction of traffic of approximately 2,024 daily trips. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with the required findings in Section 2.4.5 (D)(5) (Rezoning Findings) ahall be the basis upon which a finding of overall consistency is to be made. Other objectives and polic~es found in the adopted Comprehensive Plan - may be used in making of a finding of overall consistency. Comprehensive Plan policies: A review of the objectives and policies of the adoptee! Comprehensive Plan was conducted and the following applicable objective is noted: 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. The site consists of vacant industrial property which has been cleared and contains no physical features requiring special consideration. The Community Facilities designation is a site specific rezoning request to accommodate a CoTran bus terminal. The proposed terminal is less intense than many of the uses currently allowed as permitted uses under the MIC zoning district. Current permitted uses include manufacturing of ceramics, fiberglass, glass, woodworking, machine shops, automobile paint, body and repair shops, boat repair and service. I P & Z Staff Report \. Rezoning for CoTran Satellite Facility Page 4 Compatibility of the use is discussed further under the section of this report that deals with Standards for Rezoning Action. Land Use Element Policy A-l. 4: "Commerce" Land Use which involves a mix of light industrial, commercial uses, and research and development are the most needed land uses during the City'S final stage of build-out. Thus, changes to the Land Use Map which diminish this land use are discouraged. This policy relates to the need to provide a balanced economic base within the City. While the proposal is not changing the Commerce Land Use designation, it is removing land from the mixed industrial and commercial use category. However, while the zoning will be changed to Community Facilities, the use of a transportation facility can be considered as light industrial in nature. Thus, there is not a conflict with this policy. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That a rezoning to other than CF within stable residential areas shall be denied. (Housing Element A-2.4) The subject parcel and adjacent parcels are not located within a neighborhood classified as "stable" within the housing element of the Comprehensive Plan. Additionally, the request is for a rezoning to CF, not to another zoning designation. Thus, the above standard is met. S) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Compatibility concerns related to this proposal center on the residential area to the west. Most of the uses permitted in CF (government offices, schools, community centers, etc. ) are more compatible than the types of uses permitted in MIC. Thus as far as the rezoning itself is concerned, compatibility is not an issue. In terms of the specific development proposal for this site, the proposed use is no less compatible than many of the uses currently permitted in MIC, such as auto repair, boat repair, manufacturing and distribution, etc. Most of these uses would involve some degree of noise, as well as truck traffic and outside storage. , P & Z Staff Report Rezoning for CoTran Satellite Facility Page 5 In addition, site specific compatibility with the adjacent residential uses (west) will be mitigated through landscape enhancements required via regulations that apply to the CF zoning designation. Pursuant to Section 4.4.21 (H)(2), when CF zoning is adjacent to residential zoning, the perimeter area . should be increased to a depth of fifteen feet( 15) ; or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. The attendant concept plan provides a ISO' buffer area (80 L.W.D.D canal, an additional 55' L.W.D.D. dedication and 15 ' landscape buffer) along the west property line. The north part of the site provides an additional 140' of buffer via a retention area. LDR COMPLIANCE: Section 2.4.5(D)(5) (Rezoninq Findinqs): Pursuant to Section 2.4.5(D)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error, b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant submitted a justification statement which states that reasons (c) apply because of the following: "Existing zoning on the property is MIC (Mixed Industrial Commercial). The Future Land Use Plan designates the site as Industrial. The use proposed as a part of this rezoning request is a light industrial use (CoTran's South County maintenance and parking facility), and is consistent with the other uses in the area, the zoning category ( e.g. auto repair shops, aggregate processing facilities, auto salvage uses), and the Future Land Use Plan. We are requesting a zoning change to CF (Community Facility) because we believe it to be a more appropriate zoning category for this specific site. Based on the proposed revisions to the City's Land Development I P & Z Staff Report Rezoning for CoTran Satellite Facility Page 6 Regulations (LDR's), the CF district is a special purpose district primarily intended for locations at which facilities are provided to serve public, semi-public, or private purposes. Since Palm Beach County intends to purchase the site and operate it as a public owned facility, the CF zoning district is the most appropriate dist~ict. Additionally, the LDRs state the CF zoning district is compatible with all land use designations shown on the Future Land Use Map." The proposed use of transportation terminal is only allowed in the CF zoning district. The CF zoning district Is a district which is applied to property on a site specific basis. Therefore, blocks of property zoned CF are not available to chose from when looking to site such a facility. Hence, a rezoning to CF is necessary in order to locate this facility anywhere in the City. The proposed site is located in an area currently zoned and occupied by light industrial uses. The rezoning of this site to CF may be more appropriate in that the proposed facility and layout will provide more protection to adjacent residential properties than could be expected from permitted uses currently allowed under the current MIC (Mixed Industrial and Commercial) zoning district. R ! V I ! W B Y 0 T H ! R S: Site Plan Review and Appearance Board: If approval is granted for the rezoning and conditional use portions of this petition the associated site plan action will rest with the Site Plan Review and Appearance Board. The site plan must accommodate all concerns addressed within both the Rezoning and Conditional Use petitions. Neighborhood Notice: Property owners within 500 feet of the subject properties have received notice of the Public Hearing. In addition, the following organizations have received courtesy notices of the rezoning petition: P.R.O.D. United Property Association RainÞerry Lake Homeowners Association RainÞerry Bay Villas of RainÞerry Homeowners Association Chatelaine Homeowners Association Pines of Delray North Sudan Subdivision High Point Delray Shores Subdivision , . P & Z Staff Report Rezoning for CoTran Satellite Facility Page 7 ASS E SSM E N T AND CON C L U S ION S: The rezoning from MIC to CF for the construction of a transportation terminal will have a positive impact on traffic in the area resulting in a net reduction of 2,024 potential trips. . Compatibility of the CF zoning and the related proposed use is to be enhanced through the provisions of large landscape buffers with berming and extensive landscaping. The CF zoning will provide for a site development which is likely to provide buffering in excess of that which could be expected with development under the current MIC zoning district. A L T ERN A T I V E S: A. Continue with direction. B. Recommend denial of the rezoning request based upon a failure to make a positive finding with respect to Section 2.4.S(D)(S) in that the rezoning fails to fulfill at least one of the reasons listed, and policies of the Comprehensive Plan (Commerce Land Use policy). c. Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.S(D)(S). STAPP R E COM MEN D A T ION: Recommend approval of the rezoning request from MIC to CF based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.S(D)(5). PD/~.C:o~Z'_n.DOC: I ') ~ ~ " 3 ~ ') ~~~ ~I>- & i3 2 ~ ~ . , ~ i!J! I ::::::-+-::::: ~ --~- =:::::;:::::: -;- . - ~ -- ... II --- -- .~ i --- -"- --..- ~ ~ ~ ~ I .--- i ~_______L______~ ~.. ...... \ 11.1 : / ! , .. 17 - , '!jj!' 1.,--, , ,. / ~ " , , ' ' , ' " . . , . ~ /' . " , I / , .,., '~. ~ i 7/~ / z ~ ~ ,~~ ..' /1 1 fl 11 I ]1, i 1_) II I ,I / / 'I u / '¿ '7' , I , ÆR 7åJ1J - I I J I I rL ." --;, .LI. 11--/17 "T III 'm - I ["!' :~ 1 I I -....:¡;¡. >->- I ,: fl¡:Ai ~ ~~ I I , I L" -" ClYjj; I L '?~ / '-,j - '\. ), '1= ,J 7 ~-V- ... I n I 7, T"T I ¡;;. +- I 7~ ~~ V I ì ~ ~ ~ ~_ I - ~ '/ ~ - \.-- b- L I I " 7~ ~ ~ '\:= F' UT., /' [[....-- f'. f- mj ,/ v·' ø ..,. Ë, £ ~ $ . >- "'J~~ § _.---- I~ I . . - --. N .- PUNNHO OIPNmÆNT CO- TRAN REZONING ---- C/I'Y (II OCUIAT IEÞoa\ n. -- OIC""" SASC 4JAP 5n7F.k :- . --------.- ----- -..--- -.-----..-.--- ,- ----- . . Claude Lemire Project Co-Ordinator Delray Beach Club Condominium Mrs. Di ane· Domi n ges June 24, 1994 Planning & Zoning Department City of De1ray Dear Diane: Following my review of the Co Tran's plan project on Congress Avenue; I am very confident that this future development will be an asset to the City and I do not see any problem that will interfere with our project the De1ray Beach Club Condominium. Sincerely, ¡J~ ,t~~~~~~ Cl aude Lemi re lOÑ\ÑG ",-"ÑÑ\ÑG & Project Co-Ordinator , ~ fPoJ4 ~ ~ 24S High Point Blvd. DeIray Beach, Florida 33445 CONDOMINIUM ASSOC. SEC. 2, INC. June 19,1994 Mayor Tom Lynch City of Delray Beach 100 N.W. First Ave. Delray Beac~,Fl 33444 Re: Proposed Co-Tran Satellite Bus Facility on Congress Ave. at N.W. 1st. st. Dear Mayor Lynch: We are writing you to express our opposition to the establish- ment of the above Bus Terminal. The planned 1 DAY A WEEK OPERATION of 54 buses in and out of this facility starting at 6 A.M. each day and ending at 10 P.MC6 A.M. until 5 P.M. on Sundays) will have a definite detrimental effect on the area economic growth and neighborhood improvement. A major negative effect will be the environmental and health problem of the fumes and toxic exhausts of 54 buses blown toward the adjoining residential areas by the prevailing easterly winds. Not only will the resulting noise and pollutants reduce the prop- erty values of abutting residential areas, but since this bus terminal is a government facility, the city will suffer a loss in taxes on this 7 acre site. In addition, because of the increased traffic activity engend- ered by 54 buses, new businesses would be discouraged from establish- ing in this area. We request the City Commission to refuse any request to change the current zoning of this location to "Community Facilities." of DeJ.ray Board of CC: Commr. Jay Alperin Dave. Randolph Barbara Smith ~~1EnllEJD) Ken Ellingsworth P & Z Director,Diane Dominguez JUN 21 \994 PLANN\NG &. ZON\NG . "-'""'......._..____ . __"""C--"'1I<L>J.."O !¡"" ~"~:r. .......~~.z.:.;,:;;.,....·~.c.L~~__-·_....I_·' ,.....-+'':óO:~.-~....~~..,-_._-____._. ~~ -- .¡ ,- c: City~ission, C~Manager. Direct~f P&Z 6/9/94 .... - . Tate Enterprises kECt:.iVED 1175 N.E. 125 Slreet . Suite 102 ' North Miami, Florida 33161 JUN 9 1994 Miami (305) 891·1106 . Ft. Lauderdale (305) 981-4205 . Boca Ralon (407) 428-8399 Fax (305) 891-6750 CITY CûfvìMISS/ON June 8, 1994 Honorable Tom Lynch Mayor, City of Delray Beach 100 N. w. First Avenue Delray Beach, Florida 33444 Re: Proposed Co-Tran Bus pacility, West Side of Congress Avenue between Atlantic Avenue and Lake Ida Road Dear Mayor Lynch: As you probably are aware, I own the property which I have designated on the attached drawing as the . "Tate Property", immediately to the west and slightly to the south of the proposed Co-Tran Bus Facility. In addition to the objections that have been filed by the many hundreds of residents of the various High Point of Delray Condominium Sections, I want to addltionally voice my objection to the consolidation and use of a Co-Tran bus satellite facility which is proposed to be constructed and utilized on the seven acre site on the west side of Congress Avenue directly to the east and north of my property. I am raising this objection even though I am presently involved in an Inverse Condemnation lawsuit with the City of Delray Beach. Whether we prevail in the suit or the City prevails, it is obvious that since my property is zoned for residential use (multi-family - 12 units per acre), this proposed Co-Tran facility is improper for this location. Sincerely your~ ~Q7'~ ~(C¡.\~~, STANLEY G. TATE SGT/b ., Enclosure: as noted " ~'Ù't. 'i) O~\~G ~G~t . ~~'\ \>~ OTHER OFFICE LOCATIC~JS Delra)' Be.:lch, FL Ft. Pierce, FL Tallahaaaee, ;r1lnClcn ',', :""'1;. .,f, (407) 498-3277 (407) 466-2701 (904) 681-6710 fio17\ ;>--,.. '.:' _ 'i~:' :~~. ~ ~-';". . I .... ',.. ~ ..____ " ¡\ ttt¡.!' , ~J~/'~ J;.~if /'. / ~ / )ß~___ /f /7 _. ~ ~ _ uJ ~ T ~ r-l_._[l~~ ~- ... ..... '. -. . .~-~. . - - ',I.~ ~:.__:;. ..__., If T~,-e. " P~OpeA~j . n:: ~ ~ @ N PROPOS£D ! ----.. CO-TRAN LOCATION - ------ . . . . . HIGH POINT OF DEmAY BEACH CONOOMINIUM ASSOCIATION 292 HIGH POINT BOULEVARD DELRAY BEACH, FLORIDA 33445 SECTION I June 7, 1994 Mayor Thomas Lynch City of Delray Beach' 100 N.W. First Avenue Del ray Beach FL 33444 RE: Proposed Co-Tran Bus Facility on the West Side of Congress Avenue North of Atlantic Avenue. Dear Mayor Lynch: The residents of High Point of Delray Beach Section 1 are again turning to you for your help and that of the City Commission in averting an environmental and economic disaster in our area. This time it is the proposed Co-Tran Bus Facil- ity in the above described location. This facility will create an air pollution problem which will especially affect both us and the synagogue congregation since we are so near and the prevailing east wind will carry the diesel fumes in our direction. Noise pollution and traffic congestion can only become worse as these buses are started up and moved out starting early in the morning and the same as they return. Certainly this will put the proposed condominium development adjacent to Winn-Dixie in jeopardy as well since it will detract from the entire area. The people of High Point have worked long and faithfully to make this a desirable area in which to live. Many of our residents are senior citizens who came to Del ray to spend a quiet retirement in a friendly town of which they could be proud. Jntroducing such a facility is hardly conducive to those aims. Jt can only reduce property values further. We urge you and your Commissioners to stand firm and not permit the zoning changes which are required before this project can become a reality. We support the City Commission Proposal to rezone vacant parcels described in P & Z Memo of 3/11/94 from M.I.C. to L.I. with the number of conditional uses diminished. Please turn down any request to change the zoning to C.F. (Community Facilities) to accommodate this facility. Sincerely, BOARD OF DIRECTORS, SECTION 1 - tt(Ci.\\~t\ID g+d~. ~Sident JU" 9 \<)<)4 cc: Comm. Jay Alperin 1'v.I'II'III'IG IlL 1.0l'lIl'lG Dave Randolph , Barbara Smith Ken Ellingsworth I P & Z Di r. Oi ane 06mi ng;uez . . .. ,. 'fj - v ~~ . . '~ '.., ,.:' '\' ~, ~ . ';' HIGH POINT OF DELRA'((' :,~~'. '.- ~~'~ ", ~" , ~ :'.:, ( ---.~ \"',' ,\'" . CONDOMINIUM ASSOCIATION - ..alON IV INC, ~J. ,',:. ~S·- 824 CLUB DRlvt ~ \,'-;' , . 1.-(1 ,/ ~ 1/, . DELRAY BEACH, FLORIDA 33..45 .C.;;r ./ ,,\.,,\, )' June I. ,,1~94 ,/ ,...,.. - !" . Mayor ~om Lynch ~ city of Delray Beach 100 N.W. First Avenue Delray Beach, Fl. ))444 ReI Proposed Co-Tran Bus Facility, West Side of Congress Ave. between Atlantic AVe. & Lake Ida Rd. Dear Mayor Lynchs We oppose Co-Tran Bus Satellite Facility pro- posed for a 7 acre site West Side of Congress Avenue. This site is backed up to residential neighbor- hoods across the E-4 Canal. There is no such thing as a quiet bus facility. More than {O diesel buses will operate out of this area every day starting a 51)0 A.M. returning about 9100 A.M.; then out again about ):00 P.M. returning in the evening. We will be subject to much air pollution due to prevailing east winds which will carry noxious fUmes to the High Point Development. The odor and noise would have a negative effect on property values in abutting residential areas including the recently approved Condo Project, south of Winn-Dixie Shopping Mall. to be constructed by Canadian interests. Since CO-Tran is a Government Facility no taxes will be paid resulting in no increase in our tax base. It will permanently destro~ the possibility of any improvement to Congress Ave. as an Enterpr1se Zone. We should adhere to the City Commission Proposal earlier this year to rezone vacant parcels described in P & Z Memo of 3/1l{94 from M.I.C. (Mixed Industrial & Commercial) to L.I. (Light ndustrial) with the number of conditional uses diminished. We urge the City Commission to turn down any request to change the zoning to C.F. (Community Facilities) to accommodate the County Bus Facility. Sincerely, CCI Comm. Jay Alperin B~d of Di#~ Dave Randolph / &: "Or ~ (! æ9r-, ';gpßfJ.dk~_ Barbara Smi th Ken Ellingsworth Be r Lillenst~~es. Planning & Zoning Director / (' t~L- Diane Dominguez Gerald Fi 11ppi, V1ce-P , S ;-. . . , . Play 20 1994 TO: Diane Dominguez, Director of Planning and Zoning, City of Delray Beach ~ROM: Harrjs Baer, 2009 NW 18 St Delray ~each FL 33445 Thank you very much for takin~ the time to reply to me with your letter of May 12, 1994, regarding the proposed CoTran Facility. Your exp18.nations vvere very helnful, but my original concern about the impact of thi~ plAn remains alive. The 'nublic hearing of the Planning e.nd Zoninp: Board on June 20th will be attended by unit owners of our community to gain further up to date information. Again my thanks for your one-on-one response to my inquiry, indeed we are fortunate to have a City Government re~or,sive to its citizens. ~~~\~~, ~ ~\~ ' .$ O~\~G G ~ -V ,. ~~\~ V~ i ., ~__m ----- -- 51. . fO: . Diane Domingue'z - Pleas. ", ond for the t-(~~,:¿Hd~i) .~~ " Mayor's signature.. . / Hams E. Baer i~PK 2 6 \994 MLD for TEL 2009 N. W. 18 SlT\!et fest;;: Oelray Beach, F10riJa 33445 ~::; ï"Y C.(J:·i~~"'I!S:~·;I.· :.,pri 1 22 1.)3 ~~!~"I J~ayor Tho '1::- . It'!·, c h Dc rF1.y 1epch'jity ¡!:-~l Delrr->y '~€-~.ch it' -- :1e: Go'!'r8.n Bus Dëa.r Sir. :'1.:3 a resiC OJ'}t oÎ Delr8Y 1e8.ch. livi-r,~ in the vicinity ·f the ulanneci ~us f cility. 112'y I F6 (Ì my voice to t~one on~o~in~ this loc~t 0":1. Con~ress Avenue nn¿ ;."t18ntic ¡\venue :'re one of the busi e~:;t i~tersections of our city, the () e': school et ~ ~.r,..' i ct{ r.-' rJ c: ~tlantic ~ill undou~tcðlv bri"1~ increp.::=.eè traffic, both sc\,ool 'usesro:c1 urivRte C2rs to this section or t~e city. Someone of the CoTr~~ team stateè tbat the r~ 1 ;1 n ÒO(~:~ not provide for 8, n2.ssen.C'er facility r't this location. which ~ea~s there ~re no tr'n'- porte.tion nd' A.nt8:?:es thet ';"·'e Cf,'n exnect. If the ne':. bu' Idi',:,\rr: '.' ill function as a bU8 ston åenot, it "1oc;¡t certainly 'ill not only ?ttrpct 8dditio~81 tr~ffic, but ~lso all the ne~Ftivf 3snects found near a bus öP~ot, loiterinr.-:, tr etc. ~ut ~v mRin concer~ is th~ incrense in t rpL'l c n:=-1-Toti-:.tirr: ir" :-:nd ou t of tl,.,.~t busy corn'.: r, A3 e. re::n,c en-:. of the Pine:? of De1.rr'l'orth. ..·e h8V e h8.(~ to bpttle the èisadvpntages of bei~> ne~r thr: ?ste ~ter Pla~t. no',' fortv'18te: V no lon~er the nuisenc~ l"t '. i:3 t' 0 r ;::, 0 10","': 1" the -past. but I åon't w3nt o~e dilemma r~pl~ceò wi th anotl:.er. L/ PLEASE~ :'¡" J,' .J;.' \ ' . ,{i4'¡.".'.".......-....... . J \/ ./ ~ f'~ \- '" . \ - - - . -. . ". , ,/ t \ I 'J ~~~\~t.~ ~\~ . ~ \c¡q~ ~ ~~{ ,..,." # " ~ ~ ," :1- ~ . ..\........ " . '....\. . '. /'..Þ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # J:¿ß - MEETING OF JULY 5. 1994 FIRST READING FOR ORDINANCE NO. 57-94/CHANGING ADVISORY FUTURE LAND USE MAP DESIGNATION FOR DIMARZIO PROPERTY DATE: JULY 1, 1994 This is first reading for Ordinance No. 57-94 which changes the advisory future land use map designation in the Comprehensive Plan for a 1.3 acre vacant parcel from Low Density Residential to Transitional. The subject property is located on the north side of Atlantic Avenue, at Hamlet Drive (extended) . It is currently unincorporated, but within the City's planning and service area. The change is City-initiated and is proposed as part of ongoing efforts between the City and Palm Beach County to create greater compatibility between the respective land use plan designations for properties within the City's planning area. The Planning and Zoning Board formally reviewed this item on June 20, 1994, and forwarded it to the Commission with a unanimous recommendation for approval. Recommend approval of Ordinance No. 57-94 on first reading. If passed, public hearing on July 19, 1994. ~/Ó ~o? ref:a:agmemo15 I - = 'I I I ORDINANCE NO. 57-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE ADVISORY FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN FROM LOW DENSITY RESIDENTIAL TO TRANSITIONAL; SAID LAND BEING LOCATED ON THE NORTH SIDE OF ATLANTIC , AVENUE, AT HAMLET DRIVE ( EXTENDED) ; ELECTING TO ¡ PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is designated on the Advisory Future Land Use Map in the Comprehensive Plan for the City of Delray Beach, Florida, as Low Density Residential; and WHEREAS, at its meeting of June 20, 1994, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, reviewed this item and voted 6 to 0 to recommend that the advisory :1 FLUM designation be changed from Low Density Residential to Transitional; and :1 WHEREAS, it is appropriate that the Advisory Future Land Use Î :1 Map in the Comprehensive Plan be amended to reflect the advisory FLUM designation of Transitional. :1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: , Section 1. That the legal description of the subject property is as follows: The West 198 feet of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) , LESS State Road 806 right-of-way, lying in Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. The subject property is located on the north side of Atlantic Avenue, at Hamlet Drive ( extended) ; containing 1.3 acres, more or less. , Section 2. That the Advisory Future Land Use Map designation of the subject property in the Comprehensive Plan is ¡ hereby changed from Low Density Residential to Transitional. ,I II ¡ I , · :: I j That the City of Delray Beach elects \ I Section 3. to make I this small '. scale amendment by having only an adoption hearing, I pursuant to Florida Statutes Section 163.3187(1)(c)4. I Section 4 . That all ordinances or parts of ordinances in I conflict herewith be, and the same are hereby repealed. I I j Section 5. 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 I decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. I i Section 6. That this ordinance shall become effective as of I I ;Í the date a final order is issued by the Department of Community ¡ I Affairs or Administration Commission finding the amendment in I compliance in accordance with Section 163.3184, Florida Statutes, ¡ whichever occurs earlier. No development orders, development permits, I or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is .L issued by the Administration Commission, this amendment may ;1 nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 I Centerview Drive, Tallahassee, Florida 32399-2100. I I j PASSED AND ADOPTED in regular ·1 session on second and final reading on this the day of , 1994. i I ¡ I 'I I :1 MAYOR 1 I ATTEST: :1 II q City Clerk Î II First Reading ! ¡¡ Second Reading il I \ I - 2 - Ord. No. 57-94 ! ; I , I I I j _I I U ¿) !j fl : F1IAHCES DIIM: I ! T tL > ! ~ ! 0 i I I < - 0 a: ¡ ..AURICE DR/\'[ "'" e:__ ~ ¡ ~ , "J.,",.r., -,],] 11 I I I / ¡,., ::::;::: - ¡,., [I1I11J1 I ll~ == .. ¡,., ::::~ ~ - ~ ¡,., C::t:;: :tr:h -- - ¡,., _J..U~- .... ~ ~t::: ~I ~ ~~~ ~r" ~ .......¡,...... cra-~"\ ~ :::::: ~\\)\)~Q\. ~ '\j~ r t:::::::: sCY' lJ I lITE 1-0- ~ ,,~?~~ c::: ~ ~ ~ ~ ~ (J ~ rl ~ 0 ~ V It: < Jal ATLAN~ A"VENUE WEST - \ - y~ (~~~ y '/"< ,.)... - - \1~ -&~~I\ )-. - - I / - \ \ - .pf == ~ ~ þ '-(I - -I ~~~~S' fO == ~ I í / - - == I· ~~ i )- - ~~ - ..- II - I ~ = I '\...J -~ j / jJ Ar--""~ b' - -) I I I '\.. N - LAND USE AMENDMENT PUIeIM 1ID'M':'1Ðft tIn IF &JIAy IEACI4. ~ - DIDIrAI. ... "" S'I'S7III - , ~<\ ,. _µ 1 , C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER r /~ / ).. .', -~.... THRU: FROM: JEFF PERKINS, PLANNER~ SUBJECT: MEETING OF JULY 5, 1994 AMENDMENT TO THE ADVISORY FUTURE LAND USE MAP DESIGNATION FROM LOW DENSITY RESIDENTIAL TO TRANSITIONAL FOR A 1 . 3 ACRE PARCEL OF LAND (DIMARZIO PROPERTY) . ACTION REQUESTED OF THE COMMISSION: The action requested of the commission is the approval on first reading of an amendment to the Advisory Future Land Use Map Designation from Low Density Residential to Transitional for the DiMarzio Property. The subject property is a 1.3 acre vacant parcel, located on the north side of Atlantic Avenue, at Hamlet Drive extended. BACKGROUND: The site is a 1.30 acre vacant parcel adjacent to and southwest of the Hanover Square subdivision. It is located in unincorporated Palm Beach County, within the City's designated planning and service area (future annexation map). In 1989, this property was given an advisory FLUM designation of Low Density Residential. It is designated on the County's FLUM as CH - 5 (Commercial High Intensity with residential equivalent of 5 units per acre). The Land Use designations between the City and the County FLUMs were to be made consistent and/or compatible. A program for achieving consistency was worked out with assistance from the Palm Beach County-wide Planning Council. The program involved changes to the land use categories to be adopted by the County as they prepared their FLUM. Unfortunately, the degree of desired consistency did not occur. During the past few years, inconsistences have been discovered as development proposals have proceeded through the County system only to run into problems when the City is approached for . P & Z Staff Report DiMarzio Property - FLUM Amendment Page 2 the provision of water and sewer services. In August, 1992 the City identified eleven instances of conflicts under the County FLUM whiêh accommodated the potential for strip commercial or other inappropriate commercial development (as defined by the City comprehensive Plan). In June, , 1993, the City attempted to enter into an Extra- territorial Powers Agreement with the County which would have given the City land use authority in the City's Planning area. Under this agreement the City's Future Land Use designations would have applied within the unincorporated portions of the Planning Area thereby eliminating the conflicts. The Extra-territorial Powers Agreement was opposed by affected residents and property owners and was not approved by the Board of County Commissioners. In light of the failed agreement the City Commission formally requested that the Board of County Commissioners direct its Planning Department to initiate changes to the County FLUM to eliminate the conflicts. County and City Planning staffs met in April, 1994 to discuss the inconsistencies. As a result of this meeting the County initiated nine changes as part of their 94-2 FLUM amendment and the City initiated the proposed change to the subject property. PLANNING AND ZONING BOARD CONSIDERATION: This item was reviewed at a joint meeting of the Planning and Zoning Board and the County Land Use Advisory Board (LUAB) of June 13, 1994, along with a corresponding Land Use Plan Amendment from the County's current CHIS (Commercial High Intensity With a Residential Equivalent Of 5 Units/Acre) designation to HR/8 (High Density Residential - 8 Units/Acre). Due to questions concerning whether or not the property owner had received adequate notification, both items were tabled. The LUAB considered the change from CHIS to HR/8 at its meeting of June 17, 1994 and unanimously recommended approval. The Planning and Zoning Board considered the change in the advisory FLUM designation from Low Density Residential to Transitional at its meeting of June 20, 1994 an unanimously recommended approval. RECOMMENDED ACTION: By motion, approve on first reading an amendment to the Advisory Future Land Use Designation from Low Density Residential to Transitional for the DiMarzio Property. Attachment: * P&Z Staff Report . PLANNING AND ZONING BOARD CITY OF D~LRAY BEACH --- STAFF REPORT --- MEETING DATE; June 20, 1994 AGENDA ITEM: City FLL~1 Amendment from Low Density Residential to Transitional I . ITEM: V.D. , ....~-- ~~ '" ",c;"a'1 ~aC'- GENERAL DATA: OWn.r.........................x.rl0 D1Kara10 Loc.t1on......................on the north ald. of Atl.ntlc Av.nu., w..t of HOMWGod BouleY.rd. Property 11a..................l.3 .cr.. Curr.nt City Advlaory Land v.. Plea...Low D.naity ...lc1antla1 (0-5 unltal .cr.) Propoaed Clty Adwl.ozy LaDd v.. 'lea...Tranaltloaal C:UZ.a& co.a&J'Laad v.. .laa..........CH-' (C~ccl.l 81ta Int.nalty with. R..ld.at1.1 ",lw.laa& of 5 unlta/.cre) PnpoHd COQft&y Lead v.. Plea......... .HR-I (Hlth Denaity 1t..idaaU.l - I un1ta/.cr.) Zonlng........................AI (Agrlcultur.l ...ld.ntl.1 - PIC) Adj.c.nt Zon1ng....... . Kortlu PIU) (.l.nned ...iclanU.l aev.los-ant) I..t. PIU) louth. It-l-A (Ilngl. raa11y M.id.nti.. .nd OS (Open I,..) w.et. AI (PIC) -- Exlstlng Land V...............V.c.nt Propos" Lend V...............Kon. W.t.r S.rv1c..................lx1.tln' 12- w.t.~ ..1n 1n Atl.ntlc Av.nu.. Sewer S.rwlc..................I.l.tln' Lift It.tlon on the H.nnov.r V.D. Squ.r. ait., AOrta of ..... adj.c.nt to the property. IT! M B ! r 0 R ! T H ! S 0 A R DI The action before the Board is making a recommendation to the City Commission øn an amendment to an advisory Futur. Land Use Map designation, from Low Density Residential to Transitional. The subject property is a vacant parc.l located on the north side of Atlantic Avenu., w..t of Homewood Boul.vard. The property is currently und.r the jurisdiction of Palm Beach County. Pursuant to Section 2.2.2(1), the Local Planning Agency (Planning and Zoning SOard) shall r.view and make a recoDIIDendation to the City Commi..ion with respect to all amendments to the City'. Future Land U.. Map. a A C It CJ R 0 U . D. The site is a 1.30 acre parc.l adjac.nt to and .outhw..t of the Hannover Square .ubdivi.ion. Th. sit. i. currently vacant. It is located in unincorporated Pal. B.ach County, within the City'. de.ignated planning and servic. ar.a. In 1989, this property wa. giv.n an advi.ory PLUM de.ignation of Low D.nsity Re.id.ntial. It i. de.ignated on the County'. FLUM aa CH-5 (Comm.rcial High Int.n.ity with r..id.ntia1 equivalent of 5 units p.r acr.). Th. Land U.. d..ignation. betw..n the City and the County FLUMa w.re to be _d. con.i.tent and/or compatible. A prograa for achi.ving con.i.tency was worked out with a.sistanc. froa the Pal. B.ach County-wide Planning Council. The progr.. involved change. to the land use categories to b. adopted by the County a. they prepared their FLUM. Unfortunately, the d.gr.. of d.. ired con.i.tency did not occur. During the pa.t few year., incon.i.t.nce. have been di.cov.red as dev.lopaent propo.a1. have proceeded through the County syst.. only to run into probl... wh.n the City i. approached for the provision of "ater and sew.r ..rvic... In Augu.t, 1992 the City identified e1ev.n in.tanc.. of conflicts und.r the County FLUM whicb acco_ocIated the pot.ntia1 for .trip c~rcial or oth.r inappropriate co...rcial d.v.1 oplMant (a. defined by the City compr.h.nsive Plan). In June, 1993, the City att.apted to .nter into an Extra- territorial pow.r. Agr._nt with the County which would have giv.n the City land u.e authority in the City'. Planning area. Und.r this agr_nt the City'. Future Land U.e de.ignations would have applied within the unincorporated portion. of the Planning Ar.a th.r.by .li~natin9 the conflict.. The Extra-territorial pow.r. Agr....nt was oppo.ed by affected resident. and property own.r. and wa. not approved by the Board of County Commi..ion.r.. , p , Z Staff Report DiMarzio Property - FLUM Amendment Paqe 2 In liqht of the failed aqreement the City Commission formally requested - that the Board of County Commissioners direct its Planninq Department to initiate changes to the County FLUM to eliminate the conflicts. County and City Planning staffs met in April, 1994 to discuss the incon.istenci.s. A. a r..ult of this meetinq the County will initiate nine changes aa part of their 94-2 FLUM"amendment while the City will make the change to the subject property (see attached letter from David Kovac.). COM P R I HI. S I V I P LA. A. A L Y S I S. Require.ents for Small Scale Aaendments. This Future Land Use Map Amendment i. being proce..ed a. a Small Scale Development pursuant to Florida Statute l'3.3l87(c). This statute allow. any local government coaprehen.ive land use amendments directly related to propo.ed s..ll acale develop.ent activities to be approved without regard to .tatutory liaits on the frequency of consideration of ..endaents (twice a year),~ subject to the following conditions: ' . The amendment does not exceed ei ther 10 acre. of nonre.idential land or 10 acres of re.idential land with a den.ity of 10 unit. per acre or Ie.., · The cumulative effect of the ..endaent. proce.sed under this .ection .hall not exceed '0 acre. annually, and, · The propo.ed ...ndment doe. not involve the .... property owner's property within 200' of property granted a change within a period of 12 months. The subject parcel contain. only 1.3 acre.. With respect to the require.ent for the re.idential den.ity to be ten unit. per acre or les., this ...~nt i. to a de.ignation which will allow a number of zoning cla..ification., including ottic., neighborhood commercial, singl. taa1ly residential, and low and medium density re.idential. It i. unlikely that the Futur. Land U.e Designation change will re.ult in re.ldential develo~nt which will exceed 10 unit. per acr.. Thi. parcel, along vith other ...11 .cal. ...ndaent. proces.ed this year, vl11 not exceed SO acn.. Thl. property ha. not previously been conaidered tor a land u.. ...~nt nor ha. the .... property owner been granted a land u.. chang. on property located within 200 feet or wlthin the la.t year. Consi.tency Betwe_ City and County cealpatlolUl' Concurrent with the propo.ed chang., Pala "ach County i. proce..ing an ...n~nt changing it. d..ignation tro. CH-5 (Commercial High Intensity wlth residential equivalent ot 5 uni ts per ac.~e) to HR-8 (High Re.idential - 8 units per acre). P & z staff Report DiMarzio Property - FLUM Amendment Page 3 To achieve consistency with the proposed County designation of HR-8 a change in the City advisory designation from Low Density Residential to Transitional is proposed. . Con.iatency with'-- Adjacent. Fut.ure Land U.. Map De.ignat.ion. and Land U.e.:. . The 1.3 acre subject parcel i. bordered on the north and east by an existing single family development. (Hannover Square/Windy Creek) which is designated as Low Density Residential on the FLUM. To the south of the parcel and acro.. Atlantic Avenue is an existing single family development and golf clu~ (The Hamlet) which is designated as Low Den.ity Residential and Open Space. The vacant, unincorporated parcels to the we.t of the parcel have been assigned an advisory de.ignation of Tran.i tional on the City's FLUM. The Low Den.ity Re.idential de.ignation appears to have been as.igned to the parcel ba.ed on the assumption that it wa. included in the Hannover Square/Windy Creek development. Given the parcel's small size and it. location adjacent. to '. major arterial road, de.ignation of the parcel a. Low Den.ity Residential (5 unit. per acre) i. not appropriat.e. Development of the parcel at that. density i. extr...ly unlikely. However, the parcel i. also adjacent to an exi.ting .ingle family development. Thu., a General Comaerc1al de.ignatiod 1. also inappropriate. As the re..ining vacant parcel. to the west have a Transitional de.ignat.ion, the mo.t appropriate action would be to include the subject parcel w1th the adjacent Tran.i tional designated area. RlQUIR1D FIRDl1fG11 Future Land U.. MaDI Th. u.. o~ .tructur.. mu.t be allowed in the loning di.t.%ict aDd t.h. lofting dl.tzlct. .u.t. be conai.t.ent wlt.h the land u.. de.ignation. Pursuant. t.o Land Developllent. Regulatiou Section 3.1.1 (A) all land u... and .tructure. 8U.t. be allowed in the zoning di.trict and the loning di.trict au.t be coui.tent. wit.h the land use d..ignat.ion. There are no struct.ure. current.ly exi.ting on the parcel. The c:uuent. zoning de.ignation for the .ite i. Palm Beach Count.y AR (Agricultural Re.ident.ial). A zoning de.ignat.ion which i. coul.tent. with the propo.ed Transitional Future Land U.e Map de.ignat.ion will be a..igned to the parcel upon annexation. concurrenfl' raci1it.ie. which are pro.ided by, o~ through, the Cit.y .ha be provided t.o new d.v.1o~nt. concUftent. with i..uance of a Cezt.ificat.. of occupancy. The.. faci1it.l.. .hall be provided pur.uant. t.o 1..e1. of ..rvic. e.tabli.hed within the Comprehen.ive 'lane I P , Z Staff Report DiMarzio Property - FLUM Amendment Page 4 The subject parcel is currently vacant. The maximua development potential - according to the current FLUM is 6 single family dwelling units. The proposed FLUM designation would permit a maximum of 1-5 m~ltiple family dwelling unit. or approximately 14,157 square feet of commercial and/or office development ((1.3 acres * .·3,560 square feet/acre) · .25 FAR] . The following describe. effects on the City's Level. of Service of the 'additional demand. for service capacity which will be generated by this action. Traffic a The maximum number of trip. which could be generated by the development of the parcel under the current FLUM de.ignation is 60 (6 unit. · 10 Average Daily Trip./unit). The maximWl potential for traffic generation under the propo.ed de.ignation would be approximately 1,800 AJYt according to the ITS Trip Generation Manual (5th ed.) formula for .hopping center.a ln T · 0.625lftX + 5.985 , where T - average daily trip. and X - square feet (in thou.ands) ln T - O.625(lnl4.157) + 5.985 T - 2,083 - 929 (le.s 44.6lt pa..er by rate frea PBCTPSO) Net T - 1,155 Pal. Beach County 1993 traffic count. indicate 29,275 AD'1' currently on Atlant.ic Avenue (LOS "0"). Conat.nct.ion for a widening of Atlantic Avenue to .ix lane. ha. begun. The widening will provide a capaci ty of 45,000 AI)If at. LOS "C. " Capacity exi.U to .erve the maxillWl develos--nt. potent.ial of this site under the propo.ed PLUM de.ignation. Ot.herl All .enice. are c:w:rently available to the property. The propo.ed cbaDge to an advi.ory Future Land U.e De.ignation will not ha.. . .ign1ficant. affect on the City'. abilit.y to provide nece..ary ..nic.. and facilitie.. Po.itive finding. with regard to Concurrency will al.o be required at the ti_ of annexation and initial zoning of the subject propert.y. con.i.t.enH:, Coap1ianee wit.h t.he ~foZMftCe .t.Aftdazda .et forth in ie1e 3.3. .ha11 be the ba.i. upo. whieh a finding of overall con.iat.ency i. t.o be made. Ot.he~ object.ivea and policie. found in the adopted C~rehen.ive ,1aa ..y be u.ed 1n the making o~ a finding of overall conai.t.ency. P , Z Staff Report DiMarzio Property - FLUM Amendment Page 5 There are no specific performance standards for FLUM Amendments established in Article 3.3. A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and the following policy was found: Future Land u.e Element Poliey B-3.3a. " This policy require. consi.tency between County and City FLUX designations within the Delray Beach Planning and Service Area. The proposed FLUM amendment, along with a County FLUM amendment being processed concurrently for the property achieve. the required conaiatency. LeR ComDliance. Aa this ia a vacant property and no developaent i. propo.ed aa a part of this FLUM amenä.ent, review of the .ite with regard to current development atandard. i. not applicable. REVIn BY O'1'HIRI: The rezoning i. not in a geographic area requiring review by either the HPB (Hi.toric pre.ervation SOard) , DDA ( Downtown Development Authority) or the CRA (Co-.mity Redevelopment Agency) . Neighborhood Rotic.. Formal public notice ha. been provided to property owner. within a 500' radius of the .uI):Ject property. A special c.rtified notic. ha. been .ent to the property owner of record. courte.y notic.. have been ..nt to the following individual. and group. who have requ..ted notification of petition. in that area: · Helen Cooper.aith P~..lve Re.ident. of Delray · Jack Kell.zwan 8igb Point · Art Jackel United Property Owner. · Woodl&ke Ho..owner. AI.ociation · George Roland Gr_uward Village Letter. of objection, if any, will be pr..ented at the P lr Z Board .eeting. I p , z staff Report DiMarzio Property - FLUM Amendment Page 6 ASSESSMENT: - This parcel is an isolated 1.3 acre parcel with an advisory Low Density Residential Future Land U.e de.ignation. The parcel is adjacent to a large vacant area to the west which has been designated: as Transitional on the FLUM. As the adjacent Low Density R1'tsidential designated property to the east has been developed with single family residences, the subject property is most appropriately included in the Tran.itional designation with the adjoining vacant property. As all required po.itive findings can also be made, an amendment to the Future Land Use Map for the site is appropriate. . ALTIJUfATIVI ACTIO.., A. Continue with direction. B. RecolllDend approval of the propo.ed ...11 .cale amendment to the Future Land U.e Map. r C. Recommend denial of the propo.ed ...11 .cale ...ndme~t to the Future Land U.e Map. STAPP UCOlOlllfDATIO., Reco_end to the City Co_i..ion approval of a ...11 scale amendment to the Future Land U.e Map Advisory Designation for the DiMarzio property frOll Low Deuity Residential to Tran.itional, upon positive findings with respect to the policie. of the Coapreheuive Plan and LOR Article 3.1. Attachment.: * Location Map Report prepared ~ I Reviewed bF PO 011. I .' . COMMENTS FROM CITY COMMISSION REGULAR MEETING OF JULY 5, 1994 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING PUBLIC HEARINGS. 11.A. City Manager's response to prior public comments and inquiries. The City Manager announced that there were no items at the last meeting that required a response. l1.B. From the Public. l1.B.1. Helen CooDersmith, 1222 D South Drive Way, stated she truly enjoyed the firework display in Delray last night. She commented that, while attending Expo ' 67, she witnessed the most wonderful fireworks and feels the reason it was so beautiful was because of the music of John Phillip Sousa that accompanied those fireworks. She suggested the City consider making this a part of the celebration next year when the City of Delray will be celebrating their Centennial. 11.B.2. Jerry Marshall, Woodlake, commented that he had previously suggested installing a turning lane coming off Homewood Boulevard onto Atlantic Avenue. The avenue is currently being worked on in that vicinity and he asked if it would be possible to have this turning lane installed now. The City Manager commented that the plans are to delay the installation of this turning lane until the road is widened and the traffic signal is retimed. 11.B.3. Alice Finst, 707 Place Tavant, commended the City on the firework display and agreed with Ms. Coopersmith regarding the addition of music to coordinate with the fireworks. Ms. Finst stated upon leaving the fireworks display, they stopped to visit Veterans Park. The entrance to the park is overgrown and nasty, with some sort of demolition or construction taking place. She feels this is not in keeping with the image to be projected by the All America City. She further stated that the portion of the park that houses the sales office for the Ramblin' Rose and the lift station really could use some sprucing up. The City Manager responded that the portion she is speaking about is Phase II of the Veterans Park rehabilitation and has already been designed. The project will be completed sometime this fall. . 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A.1. Mr. Ellingsworth had no comments or inquiries. 13.A.2. Mr. Randolph announced that he will be present for the next regularly scheduled meeting, but afterwards, will be on vacation until August 2nd. 13.A.3. Mrs. Smith complimented the decision of the Citizen's Patrol, the "Citizen's Police Academy and the Citizen's on Patrol for volunteering to issue parking tickets. She feels this will not only free up some of the City Policemen, but will help move traffic in the downtown area. Mrs. Smith stated the other evening she walked through the neighborhood with a group of participants of MADD DADS and she felt is was quite revealing. She would recommend that everyone who can should participate in such a walk to learn how MADD DADS are being received in the community and to become more aware of some of the situations they are faced with. Mrs. Smith commented that she visited the "Sand Sculpture" contest at the beach on Saturday and saw the Sand Wheelchair. However, she did not see a sign to alert people to the fact that the chair is available. The City Manager replied that the sign is located just south of the main pavilion on Atlantic Avenue. Mrs. Smith advised Ms. Coopersmith that there will be music that is synchronized at the Centennial celebration next year; she will see to it. 13.A.4. Vice-Mayor Alperin had no comments or inquiries. 13.B. The City Attorney had no comments or inquiries. 13.C.1. The City Manager responded to a question posed by Mr. Ellingsworth at the last meeting with regard to the number of members on the Affordable Housing Advisory Committee that had missed meetings. He stated those members were appointed in March of 1993; however, there were no meetings scheduled until January of 1994. They then held a series of Special Meetings to get everything developed and organized in time for the submission deadline. The Code provision that applies regarding missing meetings, applies to consecutive regular meetings and it was not until May of 1994 that they commenced holding regular meetings. Therefore, those absences do not count toward the "Three Strikes and You're Out" rule. The meetings will be held bi -monthly on the third Thursday and the same rules regarding absences without a legitimate excuse will apply as for those committees that hold regular meetings. -2- ,