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07-19-94 Regular DElR\' 8E\CH CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING tI:81d f'Îii P JULY 19. 1994 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. 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 acti- vity conducted by the City. Please contact Doug Randolph 243-7127 {voice} , or 243-7199 (TDD) , 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices available for meetings in the Commission Chamber. RULES FOR PUBLIC PARTICIPATION 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 withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2 . SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3 . ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. City Commission Regular Meeting 7/19/94 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 is made, which record includes the testimony and evidence upon which the appeal is to be based. The City will neither provide nor prepare such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. ~ Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of July 5, 1994 f7,n'f BV:: 6. Proclamations: vi. CßJÝ "National Night Out" - Au~st 2, 1994 Uef1 ~) D&£At{ in ~ mlf.O.¡ &.;RnS Pfh - B. Rotary Foundation Mont - November, 1994 7. Presentations: A. Perry DonFrancisco - Delray Citizens For Delray Police Scholarship Award to Francesca Melis *: ll7ùK!/ B. Sheila Reese - Atlantic High School Eaglettes 8. Consent Agenda: City Manager recommends approval. ./A. RESOLUTION NO. 60-94: Approve a resolution assessing costs for abatement action required to demolish an unsafe canopy at 143 N.W. 5th Avenue. vi B. LANDSCAPE WAIVER/REED DESIGN LANDSCAPE: Approve waivers to the landscape requirements of LDR Section 4.6.16(H) (3) (a) and Section 4.6.16(H) (3) (d) for Reed Design Landscape located at 353 North Swinton Avenue, based upon positive findings. /C. LANDSCAPE WAIVER/F.P.L. SUBSTATION: Approve a waiver to LDR Section 4.6.16(E) (3) (protective curbing) along the access road for the proposed FP&L Substation to be located on the south , City Commission Regular Meeting 7/19/94 side of Lake Ida Road, east of Congress Avenue immediately west of the CSX Railroad. /D. REVISED INTERLOCAL AGREEMENT /PALM BEACH COUNTY: Approve revised Interlocal Agreement with Palm Beach County for funding of utility relocations in conjunction with construction improvements to West Atlantic Avenue. The revision removes verbiage regarding the 5% retainage already covered in the general conditions for the project. JE. RESOLUTION NO. 58-94/FLORIDA MAIN STREET PROGRAM: Approve ~ Resolution No. 58-94 which authorizes and endorses the '1\e(1\O'rf' submission of an application to participate in the "Florida ~ß{ Main Street" Program, and provides for a funding commitment in ~(p~~)the amount of $30,000.00 per year for three (3) years and other e.¡ support. ~F. THIS ITEM HAS BEEN REMOVED. JG. CITY OF DELRAY BEACH v. AMERICAN CENTENNIAL: Authorize the City Attorney to make a Demand for Settlement in the amount of $150,000.00 to settle the claims of the City with American Centennial. vir. AGREEMENT /NATIONAL SPIRIT GROUP. LTD. ( "NCA") : Approve an agreement between the City and NCA Super Squads which will allow for a cheerleading program to be offered at the Community Center. ..i. AWARD OF B IDS AND CONTRACTS: 1. Bid Award - Supplemental labor~tory analysis for water, wastewater, etc. - Harbor Branch Environmental Laboratory, at an estimated annual cost of $30,000; with funding from the department operating expense budget. 9. Regular Agenda: JA. 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 July 4 through July 15, 1994. ~. SERVICE AUTHORIZATION NO. 3/DIGBY BRIDGES MARSH & ASSOCIATES: Consider Service Authorization No. 3 to Digby Bridges Marsh & Associates in the lump sum amount of $83,200.00, plus a not to exceed $15,000.00 for reimbursable printing expenses, for the Delray Beach Tennis Center Phase III project; with funding from General Construction Fund - Tennis Center Improvements (Account No. 334-4145-572-63.43). /C. CHANGE ORDER NO. l/MOLLOY BROTHERS, INC.: Consider add Change Order No.1 in the amount of $16,945.00 and an extension of ten , City Commission Regular Meeting 7/19/94 (10) calendar days to the contract with Molley Brethers, Inc. for the construction of the alley in Block 12, in conjunction with the Street Reconstruction and Utility Imprevements (Northwest/ Northeast) Project; with funding from D.e.E. Phase I - CB. Alleyway Reconstruction Phase II (Acceunt Ne. 225-3162-541- 61.47), and D.O.E. Phase II - CBD Alleyway Reconstruction Phase II (Account No. 228-3162-541-61.47) . h. CHANGE eRDER Ne. l/ALL-RITE PAVING CeNTRACTeRS. INC. : Consider add Change Order No. 1 in the amount of $49,200.00 and an increase in the contract time of fourteen calendar days to All-Rite Paving Contractors, Inc. for additional 60" RCP storm drainage pipe and one Type "J" Inlet, on S.W. 11th Street; with funding from Decade of Excellence Phase II - s.w. 11th Street (Account No. 228-3162-541-61.90) . vÉ. TERMINATION eF LEASE AGREEMENT FeR THE CATHERINE STReNG CENTER: Consider termination of the City's lease agreement with Palm Beach County for the Catherine Strong Center. h. SETTLEMENT eFFER/Rey SIMeN: Consider settlement offer relative to Mr. Simon's claim against the City. jG. APpeINTMENT TO PUBLIC EMPLeYEES RELATIeNS CeMMISSIeN: Appeint a regular member (neutral capacity) to the Public Employees Relations Commission, to a term ending June 26, 1998. JH. APpeINTMENTS Te THE EDUCATION BeARD: A!þ!þeint four members to the Education Board to terms ending July 31, 1996. Jr. FY 1994/95 BU.GET PRESENTATIeN/ESTABLISHMENT eF PRepeSED MILLAGE RATE: Á. AGREEMENT/SIX SeUTH RESTAURANT: Censider a license agreement between the City and Shahnt Restaurant Cerp. (Six Seuth Restau- rant) which would allow licensee to construct and maintain a sidewalk along the west side of the bathroom building at the j corner of Atlantic Avenue and AlA, for limited access purposes. :'. 5tS f.}D D£() Du..p(\ - 10. Public Hearings: #. eRDINANCE Ne. 56-94: An erdinance rezening a 7.49 acre vacant parcel from MIC (Mixed Industrial and Commercial) District to CF (Community Facilities) District. The subject preperty is lecated at the nerthwest cerner of Cengress Avenue and N.W. 1st Street and is prepesed to accemmedate a satellite facility for the County's bus system. Planning and Zoning Beard recommends approval (6 to 0 vote) . Á. CeNDITIeNAL USE APp~eVAL/Ce-TRAN SATELLITE FACILITY: Consider a request for conditional use approval te establish a Co-Tran transportation terminal en preperty lecated at the nerthwest cerner ef Cengress Avenue and City Commission Regular Meeting 7/19/94 N.W. 1st Street. Planning and Zening Beani recemmends approval (6 to I vete) . B /CeMMUNITY DEVELePMENT BLeCK GRANT/PRepeSED STATEMENT eF eBJECTIVES AND PReJECTED USE OF FUNDS 1994-95: Conduct a public hearing and consider approval of the CDBG Program's Proposed Statement of Objectives and Projected Use of Funds for FY 1994-95, in accerdance with Federal regulations. C. j eRDINANCE Ne. 57-94 An ordinance amending the Advisery Future Land Use Map of the Comprehensive Plan by changing the land use designation of a 1.3 acre vacant parcel frem Lew Density Resi- dential to Transitional. The subject preperty is lecated en the north side of Atlantic Avenue, at Hamlet Drive ( extended) and is known as the DiMarzio preperty. Planning and Zoning Board recommends approval (6 to I vete) . 11.JComments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's respense to prier public cemments and inquiries. B. Frem the Pu»lic. 12. First Readings: A. J eRD I NANCE Ne. 58-94: An erdinance amending Sectien 91.12, "Abandenment ef Preperty er Wrecked er Inepera»le Meter Vehicles on Public Preperty" , of the City's Cede te previde that enfercement efficers be autherized te a.minister the previsions of this section. If !þassed, pu»lic hearing en August 2, 1994. 13. Cemments and In~iries en Nen-A~enda Items. A. Cemmissien B. City Atterney C. City Mana!,er , CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JULY 19. 1994 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE: ~ CHANGE ORDER NO. 1/ASPHALT CONSTRUCTION OF PALM BEACH. INC. : Consider add Change Order No. 1 in the amount of $19,842.25 to Asphalt Construction of Palm Beach, Inc. for work required to construct a temporary access road to School Site "S" from the Linton Boulevard/Germantown Road intersection; with funding from General Construction Fund - School Site "S" (Account No. 334-3162-541-63.13). , · [ITY DF DELAAY BEA[H DHRAY BEACH ~~'A~tÌ >=, - - :n::L""';,":" ::c:::....,. ...... - >"",,:J"':" ::.:;.¡..¡..¡ AII·America City \ 'III! PROCLAMA TIO/\' 1993 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique nationwide crime and drug prevention program on August 2, 1994, called "National Night Out" ; and, WHEREAS, the "11th Annual National Night Out" provides a unique opportunity for Delray Beach to join forces with thousands of other communities across the country in promoting cooperative, police-community crime and drug prevention efforts; and, WHEREAS, the Delray Mall plays a vital role in assisting the Delray Beach Police Department through joint crime and drug prevention efforts in Delray Beach and is supporting "National Night Out 1994" locally; and, WHEREAS, it is essential that all citizens of Delray Beach be aware of the importance of crime prevention programs and the impact their participation can have on reducing crime and drug abuse in Delray Beach; and, WHEREAS, police-community partnerships and neighborhood safety, awareness, and cooperation are important themes of the "National Night Out" program. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim August 2, 1994 as NATIONAL NIGHT OUT in Delray Beach, Florida, and urge all citizens to join the Delray Mall, Delray Beach Police Department and the National Association of Town Watch in supporting the "11th Annual National Night Out". 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 19th day of July, 1994. MAYOR THOMAS E. LYNCH SEAL fe·A. ~ ~ ~ , , CITY DF DELAAY BEA[H DElRA Y BEACH ~~A~~ ., ,-.:...¡..¡ AII·America City , III I! PROCLAMA TIO,'/ Iqqj WHEREAS, Rotary International has deemed November as Rotary Foundation Month; and, WHEREAS, the Rotary Foundation of Rotary International is a partner in service to Rotary International by sponsoring programs to benefit youth world wide in education, health, vocational excellence, and contributes greatly in protecting our environment and encourages international peace; and, WHEREAS, the Rotary Foundation's Ambassadorial Scholarship Program is the world's largest privately funded international scholarship program; and, WHEREAS, Health, Hunger, and Humanity Grants (3H) support major World Community Service projects that emphasize prevention and self-help; and, WHEREAS, over 500,000,000 children have been immunized through the Polio Plus Program sponsored by the Rotary Foundation of Rotary International, made possible through individual Rotarians who contribute $1,000 as Paul Harris Fellows, in honor of the founder of Rotary International. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of November as ROTARY FOUNDATION MONTH in Delray Beach, Florida, and encourage all the residents to support this service organization in their endeavors to be of service to our citizens and fellowman and to welcome those attending the District Conference, September 30, to October 2, 1994, in Palm Beach. 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 19th day of July, 1994. MAY 0 R THOMAS E. LYNCH SEAL T ~ c---~~,\ ~.~ '.~~"-"0 ~.B· , .. WHEREAS, Tony Durante is a citizen of Delray Beach, Florida, USA and was proclaimed by the Mayor of Delray Beach, to be a goodwill ambassador to Japan in September, 1992; and, WHEREAS, Tony has been assigned by the Lutheran Church Missouri Synod as a Volunteer Youth Minister and an English teacher in Hokkaido, Japan; and, WHEREAS, Tony resides in the City of Fukagawa, Hokkaido, Japan and as a goodwill ambassador, English teacher and Volunteer Youth Minister has become an active participant in that city; and, WHEREAS, Moriya Fujita, Mayor of the City of Fukagawa, Hokkaido, has written to the City of Delray about the positive participation by Tony in Fukagawa and the appreciation for his work; and, WHEREAS, Mayor Fuj ita has sent information about the City of Fukagawa and friendly greetings to the Citizens of Delray Beach. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby extend greetings to the Citizens of Fukagawa and are proud of the opportunity to enrich our two cultures and sincerely hope it continues to develop over the years. 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 19th day of July, 1994. MAYOR THOMAS E. LYNCH SEAL , · 'i?E.C!.E-/VE t:) 7/19/9L/ ~ 7.8. July J Y , 1994 Dear Friends: It IS with gredt pleasure théÜ [ stdnd before you dS a graduated officer of the Atlantic Hi gl-j School Fdgle-Ettes dnd Company. I wish to thdnk you on 1w h a I f of the f~nt i re squad for assisting us this past yedr In our quest for exce 11 e11<:e In the Contest of Chörnpions Nationdl Competition for 1994. WE> returned proudly dS w'e represellted Ollr II i gli school dnd c ¡ t y by winnlng two ficst-place national titles 1 n novelty and prop and d t lÜ n1 place nat i o rEI 1 title 111 Jé1ZZ. We won clloreo g ¡"aphy dwards And soloist dchieveHlents de.; we í i. At this time 1 would like to preseJIt a pI dClI)P to tile c it ,\ which redcjs ('I s 1'01 lows: '; 1 n Apprf-~c idt i ()n to tJw \ j 1 Y o! lielt'd)' ReacÌi f () f" ìouc F j 'J d n Cì d J Suppori dll<j L)pvotJon t () () IJ '" \ out II A.H.S. Fttgl f~-Et tes 9 yJ, - '} 4 As d grdduate ot this tine progrdrrJ wil i c il promo t. e S teéJdership, self-esteelli, and sport srndnsJ1 ip, j am fI s to; J n g t Íid i Y ()\J further fund this group él [I n u all y In tIJe flrnOUll t 01 $2:300 so trwt the squôd iJ1öy be fissured ndtional pflrticipdtio) as they strive to maintdin excellence dS tl-Iey r'epresent Ollr community and city. 1"lrs. Carole Shetler , our princi pa i , and OIJl' director, i'll's. Gilid Bé\rto1ovicb, continue to support and cba II enge the Edgle-Ettes fInd Company to strive for both fJdtiona} and internatiolldl goals. Fund raising dctivities w b i ell are pidnned for the future i11clude d variety of sEll es élnd efforts by tl1e students dnd their parents. This group hel s dlready been dpproached to be part of the 199(¡ 01yrnpidd Ceremonies. Pleöse consider this a priority dS we seek to reach even 11 i g J'] e r. . . . . . Thdn1< you, fvlindi Heese Fdst 2nd j,t. . F.-F.i tee.; dlH1 ('0. AH~--; I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [7v/ SUBJECT: AGENDA ITEM # FA· - MEETING OF JULY 19, 1994 RESOLUTION NO. 60-94 DATE: JULY 15, 1994 This is a resolution assessing costs for abatement action required to demolish an unsafe canopy on property located at 143 NW 5th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $2,090.00 remains unpaid. Recommend approval of Resolution No. 60-94 assessing costs to demolish an unsafe building on property located at 143 NW 5th Avenue. . RESOLUTION NO. 60 - 94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS II , 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 1 and ( 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 within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demol- ished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, . . - d.'_.'·· _ -..~ -,.--.-,-.-- -'~-'- --..---..- ...._..__..._-_._..~ - .. "-" --------.-. WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Dfficial; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s) . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the thirty (30 ) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of six percent ( 6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. - 2 - Res. No. 60-94 I i ! I I . · 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. 60-94 , . . NOTICE OF ASSESSMENT Date TO: Progressive Finance Co., PO Box 817, Delray Beach, Fl 33444 Progressive Finance Co., Citizens, Inc., PO Box 1750, Belle Glade, Fl 33430 ADDRESS: PROPERTY: 143 NW 5th Avenue. Delray Beach, Fl 33444 LEGAL DESCRIPTION: Replat of Block 27, Delrav Beach, Lot 1 and N7' of Lot 2, according to Plat Book 21, Page 43 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 0~2,090.00 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 on 10-19-93 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 6-6-94 at a cost of $2,090.00 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 Buildtng Official. BY ORDER OF THE CITY COMMISSION. City Clerk M E M 0 RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (71/( SUBJECT: AGENDA ITEM # r·f3· - MEETING OF JULY 19. 1994 LANDSCAPE WAIVERS FOR REED DESIGN LANDSCAPE DATE: JULY 14, 1994 This is before the Commission to approve two landscape waivers for Reed Design Landscape, located at 353 North Swinton Avenue. The property is an existing single family residence on the southeast corner of North Swinton Avenue and N.E. 4th Street. The development proposal is for conversion of the existing residence to an office with parking and landscape improvements. LDR Section 4.6.16(H)(3)(a) requires a five foot landscape buffer wi th a continuous hedge and a shade tree every 30 linear feet between any vehicular use area and any right-of-way. In order to accommodate a handicap parking space and ramp at the northeast corner of the site, a 3'2" perimeter landscape buffer is proposed. All required plant materials will be planted in this buffer. LDR Section 4.6.16(H)(3)(d) requires a five foot landscape buffer with a continuous hedge and a shade tree every 30 linear feet between any vehicular use area and any adjacent property. The proposed plan for Reed Design Landscape provides only a 2 foot buffer with the required hedge and no trees along the south property line in order to accommodate a one-way driveway meeting the minimum width requirement of 12 feet and three required parking spaces to the south of the building. In light of the need to accommodate handicap facilities, the low traffic volume expected on the driveway, and the significant landscape improvements proposed elsewhere on the site, the requested waivers are appropriate. The Historic Preservation Board considered this item on July 6, 1994, and voted 5 to 0 to approve COA 8-231 which includes the site plan, landscape plan and design elements. The Board also voted 5 to 0 to recommend approval of the waivers, based upon positive findings. Recommend approval of the waiver to LDR Section 4.6.16(H)(3)(a) to reduce the required perimeter landscape buffer adjacent to the handicap parking space from five feet to 3 feet 2 inches; and the waiver to Section 4.6.16(H)(3)(d) to reduce the required perimeter landscape buffer adjacent to the south property line from 5 feet to 2 feet, for Reed Design Landscape, based upon positive findings pursuant to LDR Section 2.4.7(B)(5). ref:a:agmemo12 . rl{ [;?- ) C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: SUBJECT: MEETING OF JULY 19, 1994 · Consent Agenda · LANDSCAPE WAIVERS FOR REED DESIGN LANDSCAPE, 353 N. SWINTON AVENUE. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of . waivers of LDR Section 4.6.16(H)(3)(a), requiring a minimum 5 foot perimeter landscape buffer between vehicular use areas and adjacent rights-of-way and LDR Section 4.6.l6(H)(3)(d), requiring a minimum 5 foot perimeter landscape buffer between vehicular use areas and adjacent properties. The subject property is Reed Design Landscape, located at 353 N. Swinton Avenue. The property is an existing single family residence on the southeast corner of N. Swinton Avenue and NE 4th Street. BACKGROUND: The subject property is an existing single family residence with a detached garage. The current development proposal is a conversion of the existing residence to an office with parking and landscape improvements. Pursuant to LDR Section 4.6.16(H)(3)(a), a five foot landscape buffer with a continuous hedge and a shade tree every 30 linear feet is required between any vehicular use area and any right- of-way. In order to accommodate a handicap space and ramp at the northeast corner of the site, a 3 foot, 2 inch perimeter landscape buffer is proposed. All required plant materials will be planted in this buffer. The area affected by the proposed waiver is identified as waiver 2 on the attached site and landscape plan reductions. In light of the need to accommodate handicap facilities, as well as the significant landscape improvements proposed on the site, a waiver of this requirement is appropriate. . City Commission Documentation - Meeting of July 19, 1994 Landscape Waivers - Reed Design Landscape Page 2 To provide a one-way driveway meeting minimum width requirements ( 12 ') and three required parking spaces to the south of the building, the applicant has proposed to widen the existing driveway to within 2 feet of the property line. Pursuant to LDR Section 4.6.16(H)(3)(d), a five foot landscape buffer with a continuous hedge and a shade tree every 30 linear feet is required between any vehicular use area and any adjacent property. The proposed plan provides only a 2 foot buffer with the required hedge and no trees along the south property line. The area affected by the proposed waiver is identified as waiver 2 on the attached site and landscape plan reductions. In light of the significant landscape improvements proposed elsewhere on the site and the low traffic volume expected on this driveway, a waiver of this requirement is appropriate. 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 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 waivers would primarily affect the width of required landscape buffers. The required hedge will be added to provide a landscape buffer to the south of the property. As the existing 2' landscape area is too small to allow planting of any trees, that is the best possible solution. All required plant materials will be planted in the buffer adjacent to the handicap space. Given the proposed landscape additions and the low traffic volume likely at the site, the requested waivers will not have a negative effect on the surrounding area regardless of the width of the buffers provided in those locations. b&c) The waivers affect aesthetic issues only and will not have an impact on public facilities or public safety. d) The waivers are of a type which has been commonly granted to accommodate required facilities for proposed 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. . · City Commission Documentation - Meeting of July 19, 1994 Landscape Waivers - Reed Design Landscape Page 3 HISTORIC PRESERVATION BOARD CONSIDERATION: HPB considered this item at its meeting of July 6, 1994. The Board voted 5 to 0 to approve COA 8-231, which includes the site plan, landscape plan, and design elements, and 5 to 0 to recommend approval of waivers to LDR Sections 4.6.16(H)(3)(a) and 4.6.16(H)(3)(d), upon pos i ti ve findings with regard to LDR Section 2.4.7(B)(5). RECOMMENDED ACTION: By motion, approve the following waivers: 1- a waiver to LDR Section 4.6.16(H)(3)(a), to reduce the required perimeter landscape buffer adjacent to the handicap parking space from 5 feet to 3 feet 2 inches, for Reed Design Landscape. 2. a waiver to LDR Section 4.6.16(H)(3)(d), to reduce the required perimeter landscape buffer adjacent to the south property line from 5 feet to 2 feet; and Attachments: * Location Map * Site Plan * Landscape Plan * Waiver Request Letter , Brul'è Reed, R. L.A. R,'ed Dçsign Landscape Architect 12SU S.W. 7th Stn.:~t ßüL'a Raton, FL 33486 April 20, 1994 City ofDelray Beach Technica1 Advisory Committee RE: Final site plan for 353 N. Swinton per Reed Design Landscape Architects This ktter is in respon~ (0 the requirement of a perimder landscape buffa on tbe south side of our property in order to approve the site plan. LDR Section 4.6. 16.(H)(3)(d) requires a landscape strip at least 5 feet in depth be located between the vehicular use area and Cûmmon lot line. Due to the eristing structure location and the requirement of 12 foot travel lanes the site can not c~nform to this exigency. '.v~ ;ìre ther\)~ûre requesting a W<\lwr of thi:; requir~ment, but will install hedge with in the ,Jrea bctwl:.'en the pavement and th..: ex.í.~ting fenœ of the adjdCèflt propeliy. Please contact me or Vickie if further informcHion is l1c'cdt.xl. Sincudy, "H' /-?r-- ~ ~ :<~; .... (-.,: -~~ c.. ~:-'" ../' ~_..- --.....-- iL'uc<,,: RuxL R.L.A. , ~J \ I I I I I I J l I II I J 1 lIT -, II II ïJ~1 /--- Þ-'........... -...... r _ LAKE TERR. N.£. 61H ST. \....L...../ 1---- ~- -- . - I I [Llb-= ~. 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I ---. ~C=Jr:=l.J ~LDCl r-ll J ¡ /I __-:J...r:: ...., ~ ....,. ---"-;"'."'- N ~ ~ REED DESIGN LANDSCAPE "....'·"NG CEP M '!.lS'iT I' ;:,-ry Of r>£1AAY eEACH. n. v..~:,.=~=~.=-~_,:~~~~...,,¥~~~..~..~,.., .,>,=.~,."...<","~~;-","::,:,::==-~--~"-^,--~'~~' .....~~'=_..-.c. .#'~"'. . , ----- .- -- '{iT - -. - - ,--- @ 1 6' ,] - - i! ¡J , " , , ¡, '1 I' ~ )' ~ I ~I :;:¡ " , I' "'I '1 I ¡ I' Ii r 1 STORY BLDG. II II I) " II " ,I , !: I II i d il I I - - - - - --- / /- ----.- - I \ ".",., "'~~~". u_.)/ I NORTH SWINTON-AVE. ._~ - --- - .---- --- ----,- ~ ----- - .. -- -- N < I , I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # ;.c;. - MEETING OF JULY 19. 1994 LANDSCAPE WAIVER/F.P.L. POWER TRANSFER STATION DATE: JULY 15, 1994 This is before the Commission to approve waiver of "Vehicular Encroachment" requirements of LDR Section 4.6.16(E) (3) for landscape areas along the access road to the proposed F. P. L. power transfer station. The property is located on the south side of Lake Ida Road, east of Congress Avenue, and immediately west of and adjacent to the C.S.X. Railroad. Non-mountable curbing around the paved access road and turnaround is not necessary to insure the survivability of the landscaping. Only FPL vehicles will be permitted past the locked entrance gate. On May 17, 1994 the Commission approved the rezoning from PCC (Planned Commerce Center) to CF (Community Facilities) and the Conditional Use request for this 2.826 acre parcel. The Site Plan Review and Appearance Board unanimously approved the site plan and recommended approval of the waiver request. Recommend approval of the waiver request from Section 4.6.16(E) (3) as it relates to protect i ve curbing adj acent to landscaped areas. . C I T Y COM MIS S ION DOC U MEN TAT ION TO: DA~IDT.~T~ MANAGER THRU: ~MINGUEZ' DIi'.r D~TMENT OF PLANNIN AND ZONING ~~ FROM: PAUL DORLING P INCIPAL ER SUBJECT: MEETING OF JULY 19, 1994 *CONSENT AGENDA* CONSIDERATION OF A WAIVER REQUEST FROM SECTION 4.6.16 ( E) ( 3) ( PROTECTIVE CURBING) FOR THE FPL SUBSTATION TO BE LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD EAST OF CONGRESS AVENUE IMMEDIATELY WEST OF THE CSX RAILROAD. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a waiver to the following; LDR Section 4.6.16 (E)(3) (protective curbing) along the access road for the proposed FPL substation. The subject property is located on the south side of Lake Ida Road, east of Congress Avenue immediately west of the CSX Railroad. BACKGROUND: In March, 1994, FPL submitted a Rezoning and Conditional Use request for the 2.826 acre parcel. On April 18, 1994, the Planning and Zoning Board recommended approval of the rezoning (PCC to CF) and the Conditional Use request (power transfer station) . The City Commission approved the requests on May 17, 1994. On June 29, 1994 the Site Plan Review and Appearance Board reviewed the FPL site plan along with a waiver request. The waiver request involved not providing curbing along the access roadway internal to the gated site. The following rationale for the waiver was provided; "Non-mountable curbing around the paved access road and turnaround is not necessary to insure the survivability of the landscaping. Only FPL vehicles will be permitted past the locked entrance gate, and FPL crews are trained to avoid driving over landscaping including sodded areas." . · City Commission Documentation Landscape waiver - FPL Page 2 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 condition; or 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 effect the gated access road within the proposed site. Therefore, the requested waiver will have no effect on the neighboring area. b) The requested waiver will have no impact on public facilities. c) The waiver will involve areas which are not accessible to the general public (gated and accessible to FPL vehicles only) . Given the limited and restricted nature of traffic utilizing the access driveway the landscaped swale areas will not need curbed protection. d) The waiver is a type which has been commonly granted to accommodate similar circumstances. Therefore, the applicant would not be granted any special privilege or advantage 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: The Site Plan Review and Appearance Board formally reviewed the site plan and waiver request at its regular meeting on June 29, 1994. After review SPRAB unanimously approved the site plan and recommended approval of the waiver request from Section 4.6.16 (E) (3) to City Commission. RECOMMENDED ACTION: By motion, approval the waiver request from Section 4.6.16 (E) (3) (protective curbing for access driveway) based upon positive findings with respect to Section 2.4.7(B)(5). * Site plan * Location Map , . . .' \ ~ ~~ ~ ~ Vfl, iT 10 H I ¡1. I~' J ~ /. J ~ I' L r \11 1:5: P R D r--.. -w.. ,,' ~ ) IrJ If I-- ( ua 0) ;> - Q!; I I; - ~$~ ::;,'" ~ C ~ _ é- ~ <-!; ~ Z~ ~ I POC '" · ~ - i I - 1 ~ ~ k! I .. ~ ~ "'{ LAKE '"?' >< ti CF¡ I A ~ ~ § ~ I ~ 0 .~ ~D PC , OJ ~ ~ ~~ ;: ~ ' ~ 1\ .41 /. '1 _ /~ I ~ /' I CANAL /32/ _ I I it7 " ~ - 1\ ~ I 7 ~ SE"...... L..J ~ N.W. ~ f~ ~ ~ I~ ~ ~ -'-)~ MIC. I ~ ~~ ~ - ~o; 08= 0_1 ~ J ic FLORIDA POWER & LIGHT r SUBSTATION , jZ . ~o'3 'II ....\'J'c\1~ 'f'I'IC"IG ~~~ ----- .~r ~"'~ - M~. -- O"'~ ~ocl-ctps ~ 2 ~ :~ij ~2 · "'0 . '%" Q ..~ . r --·-------·1 '" i V- i ><:) , ¡ , 20' j . i ~ .. . ~ ~ I: Q · . "N - ~ - - - - - - -¡E-O-U-IP;.(Ñi -.ÙšiÊ -j . ~ ~ d N Q · . u...u ...u.u.u......¡ '" . ~ UI cS .. N i '" i .. UI ~ i II! 0 , 0 0 Q I+U f'J X:SZ¡-X-X-.J I t I , I I .. I z :; I ~ µ :0 0 . c I , ~ , .81·OfZ 3..8S,81. HS :0 ¡ I 11 . n ~ I r ' ~ : .00 '001 I lH]W]Ç'f] I ... i I I .00"'1 "'1 ~ I ¡ I ~ ¡ , i I n % I i j f¡ . . t 'ì "0 Z i I 0 n ~ I ., n , ' :J: , ~ . i I '" ., I II I " I r I q I '" , -< 11" ~ li I II' ~I ~ II~ "0 .. I ~n c: I ::: I CD i I ",II' ... MI· I OX ~I M r.~ I .. ~I ~ '/ó Z , .,., 0" ;1 ~ IN m I , ... ~: 10i C' I ..r ...» I .,0 ~: I~ n I rJ> I ...0 01 r C I z a: '" QI j I~ I I I· a: I ;0 .. I ~ , ... I II g: I r I I ., I 0 I ' ~ n , ' .. ¡ I ~ m I 0 , ~ I I 1·51 .Ol U ~ I I \" I ' ¡; , : :/ :ø I I ' ' :f I I : :1 '--- '--- "-.-.-. ~ J-- --- . .-.-.-.. 4 , --_.. b'q/ 3>1t17 ~ .-- . -_._~._- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {7'- / SUBJECT: AGENDA ITEM # ð'. D· - MEETING OF JULY 19, 1994 REVISED INTERLOCAL AGREEMENT/PALM BEACH COUNTY DATE: JULY 15, 1994 This is before the Commission to approve revised Interlocal Agreement with Palm Beach County for funding of utility reloca- tions in conjunction with construction improvements to West Atlantic Avenue, from Jog Road to Military Trail. The original agreement was approved at the May 17, 1994 Commis- sion meeting. Upon the County's receipt of the approved agreement, it was determined that the verbiage regarding retainage outlined in Section 3 Paragraph E was already covered in the general conditions for the project. The revision removes that wording. Recommend approval of the revised Interlocal Agreement with Palm Beach County. , - DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: David T. Harden City Manager J¿)46 FROM: William H. Greenwood Director of Environmental Services DATE: July 12, 1994 SUBJECT: Revised Interlocal Agreement Improvements to West Atlantic Avenue Jog Road to Military Trail, Project No. 91-028 Attached is an agenda request with a copy of the revised Interlocal Agreement with Palm Beach County for funding of utility relocations. These relocations are to be performed in conjunction with the construction of improvements to West Atlantic Avenue, from Jog Road to Military Trail, by Palm Beach county, under County Project #88s40A. The original Interlocal Agreement was approved at the May 17, 1994 Commission meeting. Upon the County's receipt of the approved agreement, it was determined that the verbage regarding retainage outlined in section 3, Paragraph E was already covered in the general conditions for the project. The agreement has been revised and will require approval from Commission. Attached is a copy of the original agreement with the changes indicated. WHG:DB:mm cc: Susan Ruby, City Attorney File: project No. 91-028 (D) WG128712.MRM . , " . '- --- OR /ç.¡AI/JJ. /9C/(G"G'",M¡çAIT AGRBBJlB1r1' BBTWBBJf TJIB CITY o:r DBLBY BBACK AHD PALX BBACK COUIITY, :rLORIDA :rOR JOI1r1' PROJBCT PARTICIPATIOB IB COB8TBUCTIOB :roB nIT ATLAB'l'IC Ann. :rROK JOG ROAD TO KILXTARY TRAIL PALX BBACK COUIITY, :rLOlUDA PALX BBACK COUBTY PROJaCT BO. 88540 A THIS .øa~~, .ad. and .D~.r.d iD~O ~hi. day I of 1'_, by and b.~"..D ~h. COUBTY o:r PALX BBACK, a poli~ioal subdivi.ioD of ~h. 8~a~. of :rlorida, h.r.iDaf~.r .. oalled and ref.rr.d ~o a. ~h. "COUBTY" and ~h. CITY o:r DBLBY BBACK, a aunioipali ~y iD ~h. 8~a~. of :rlorida, h.r.iDaf~er oalled and referred ~o a. ~h. "CITY", . .I~..88.~.a . YAWP..., ~he CITY and ~h. COUIITY are au~hori..d ~o eD~er . iD~O ~hi. aCjJr._eD~ pur.uan~ ~o 8.0~ioD l'S.Ol, :rlorida 8~a~u~.., a. _eDd.d, "hioh p.nai~. loaal e¡ov.rDllu~al uni~. ~o . aak. ~h" ao.~ effioieD~ u.. of ~h.ir pa".r. by .DüliDe¡ ~h_ ~o . ooop.ra~. "i~h o~h.r looali~i.. OD a ba.i. of .u~ual advan~aCjJ.' aDd ........, the COUBTY ha. aau..d ~o b. pr.pared road"ay oOD.~rua~ioD plan. and .peaifioa~ioD. for bgroviDe¡ .e.~ - - Atlan~io AveDU. froa Joe¡ Road ~o II1li~ary ~rail, ~.nd ......., ~h. CITY ha. aau..d ~o b. pr.pared u~ili~y oOD.~rua~ioD plan. and .p.aifiaa~ioDa for ~h. r..oval, - r.plao_.D~ and adju.ta.D~. of ~h. "a~.r and ..".1' liD.. for ~h. afor_.D~ioD.d POniOD of ...~ A~lan~ia AV.DU. fro. ~he LWDD a-3 . Canal to Kili~ary Tr'dl, "hioh "ill ..rv. por~ioD. of it. ..rvia. ar.a, and " ......., bo~h CIn and ~h. COUBTY d.alar. ~ha~ i~ i. iD ~h. publia iD~.r..t ~ha~ ~h. u~ili ~y raoval, r.plaa...D~ and sdjU.ta.Dt. ot the "at.r aDd ..".1' liD.. b. aOD.~ruated vi th the afora.DtioD.d W..t Atlantia AV.Due f~o. Joq aoad to Kilitary Trail i.prov_.D~.' and 1 '- - CJ:TY 07 DBLRaY BUCK WRWD..., the CITY ha. budget.d fund. for the utility removal, replac.m.nt and adju.tm.nt. of the .at.r and ....r line. along the authori.ed ..rvic. ..ction of w..t Atlantic Avenu. from the LWDD B-3 canal to Military Trail, and I 1IJŒUU, fh. CITY i. d..irou. of funding the co.t. for the utility removal, r.placem.nt and adju.tm.nt. of the .at.r and ..wer lin.. which would b.n.fit the CITY, and .. JIII1!1IW1i., the CITY will p.rfora all in.p.ction., t..ting and c.rtification. r.quir.d for the utility removal, replacem.nt and adjustm.nt. of the wat.r and s.w.r lin.. to insur. complianc. with th.ir .p.cification. and p.rmit., 110., TIDIJtBJ'OU, for and in con.id.ratio.. of the autual cov.nant. cont.i...d h.r~in, the Parti.. to this Agr....nt agr.. .. follow.. . . 1. Th. r.cit.l. ..t forth above are h.reby .dopt.d a..d incorpor.t.d i.. this .gr....nt. 2. Th. COOBTY .gr... to. A. Adv.rti.. for bids, .Ubait bid. to the CITY for r.vi.w, and .ward . contr.ct for' the i.prov...nt. for w..t Atlantio Av.nu. from Jog Ro.d to Military for the utility removal, r.pl.c.....t and .djU.ta.Dt. of the w.t.r and ..w.r liD.. which ar. to b. o....d by the CITY. I " B. A4a!Di.ter the above cODtract and admini.t.r the fund. iD .ccordanc. with this Agr....nt. c. Supply the CITY witla a cODtract .udit i.. .ccordanc. with ataaadard accountiDg procedure. which refl.cta total, fiDal coata of the utility 2 , \...--- ~ CIn 01' DBLD'f BDCB removal, replaoemen~ an4 a4ju.tmen~ of the .ater an4 .e.er liDe., upon oompletion of this projeo~. D. To the exten~ ~he COUD~y i. oharge4 .ith 4e.ign .' r for the roa4.ay oon.truo~ion plan. of the projeot, the COUNTY agree. to be re.ponsible for any an4 all lial:tili ~y .ith regar4 to it. .- performanoe of the requir_ent. of this agre_en~. 3. The CITY aqree. to. A. U.e ~ profe..ional enqineer .eleote4 by the CIT'f , to prepare 4e.iqa plan. for the utility r_oval, r.plao_en~ an4 a4ju.taent. of ~he .atel' an4 .e.el' liDe. an4 obtain all neoe..ary penai t. for . the projeot. . B. Pay the oo.t. of eDCJineering .ervioe. to aooompli.h 4e.iqa plan. for the u~ility r_oval, replao_en~ an4 a4ju8L:at. of ~he .ater an4 .e.er line. for ~he pr' -I:t. C. Provi4e 01' oau.e ~o be pertorae4 all iD.p.o~ion .enioe. tOI' ~he u~ili ~y r_oval, replao_en~ an4 a4ju.taen~. of ~he .a~er an4 .e.er line. 4urinCJ oon.~ruo~ion an4 final oer~ifioa~ion for the afor_entione4 utility r_oval, replao_.nt I an4 a4ju.taen~. of 'the .ater an4 .e.er lin... D. To the extent ~hat ~he CITY i. oharg.4 .i th 4e.iqa for ~he u~ili~y r_oval, I'eplaa_ent an4 a4ju.ta.Dt. of the .ater an4 ...er lines of the proj.o~, the CITY agre.. to be reapon.ible for any an4 all lial:tili ty with regar4 to it. 3 ~ CITY-OJ' DBLR&Y BDCII performanoe of the require.ents of thh aqre..ent. B. To oontribute and to forward to the COUNTY the fundinq for the aotual oosts of utility removal, , replaoe.ent and adjustment of the water and sewer lines. Contributions and fundinq for the oost of suoh removal, replao..ent and .. adjustments shall be paid by the CITY as suoh . - .... Both the COUNTY and the CITY aqree to pay to the other - suoh funds as are indioated in the final audit set forth in paraqraph 2 (C) above, whioh will balanoe aooounts between the parties. 5. Thi. Aqre..ent shall be exeouted in triplioate and the COUBTY shall retain two (2) and the CITY ahall retain one (1) oopy. All shall be oonsidered an oriqinal. I I. ADy and all notioe. required or peraitted to be qiven I . ! hereunder shall be de..ed reoeived five (5) days after , I I same are depo.ited in U.8. Kail sent via oertified , !, .ail, return reoeipt reque.ted. 'j L II : All notioe. to the CITY shall be sent to. I City of Delray Beaoh I I ...3... South Swinton Avenue I Delray Beaoh, I'L 33"''''''' AT'l'H. Hr. Riohard Hasko, P... Direotor of Publio Utilities i ... i I ., I - CIn 07 DBLRAY BDCJI All notice. to the COUHTY .h.ll be .ent tOI G.orqe T. Webb, P..., county.nqineer Bn9in.erinq and Public Wcrk. Departaent P.O. Boa 21229 W.st Pal. Beach, ~L 33U' AT~I Roadway prcduction I X. WXTBBSS WBBRB07, the county cf Pal. B.ach, ~lorida ha. ,. caus.d this Aqr....nt to b. .iqned by the Chairaan of the Board ot county ccmai..ionerÆ and the ..al of .aid Board to b. .ffia.d hereto and atte.ted by the Clerk of .a1d Board, pur.uant to , authority qranted by .aid Bo~d, and the CXTY ha. cau.ed this Aqr...ent to be .iqned in it. naa. by 1 t. Chairaan and it. ..al to be affized hereto, atte.ted by it. secretary, the date and year fir.t above vritteD. I , CITY 0., DBLRAY BUCB PALII BUCH COUll'l'T, "LORIDA, BY XTS BOAD O~ COUll'l'T COllllIS8XOnU . BY~~~'¥ . BYI DAT Aft.ST. Aft.S'1'1 DOROHY B. WXLUH, CLBRIt BY.(JJ"~I'j¡II~JIa)ttr BT. dñ¡ DATB0'/,:JcJ9¥ DATB APPROVED AS TO ~ORX AND APPROVED AS TO roRX AND LBGAL LBGAL BO"~XCXBHCYI 8U1'J'ICIBI1CY, BYI ~-O~~ BY' ~ CITY ATTORNBY COUll'l'T ATTORNBY I " hs\~Y\AGIMT\aa\8854OA. 1D. (fhwt 4/29/910) . . . 5 . I RG'Y/S£D AC-RGEftJEfi/ r AGUlUIBft BB'rRB. 'r1IB CXTY 01' DBLRAY BBACK AJID PALII BOCH COUJl'l'Y, I'LORXDA J'OR JOXft PROJBC~ PAR~ICIPA~IO. I. COHSTROCTIO. I'OR ns~ ATLUl'rIC AVBIRm I'ROX JOG ROAD '1'0 XXLITARY TRAIL PALII BOCH COOJl'l'Y, I'LORIDA PALII BOCH COOll'lY PROJBC'f HO. 88540 A , . ~8 .aD-----T, .ade aDd en~ered in~o this day of 1'_, by aDd be~ween ~he COOll'l'Y 01' PALH BBACH', a poliUeral subdivi.ion of ~he s~a~e of I'lorida, hereinaf~er eralled aDd referred ~o a. ~he "C01JJl'1'Y" aDd ~he CITY 01' DBLJtAY BOCK, a .unieripaU ~y in ~he s~a~e of I'lorida, hereinafter . . eralled aDd referred to a. the "CI'l'Y", . I ~ . . 8 8 . ~ . I ......., ~he CITY aDd the CO~Y are authori.ed to enter . into this aqre..ent pur.uaD~ to SeertioD 1'3.01, I'lorida Sta~u~e., a. ..eDded, whierh perai~. looal qoverDJIental unit. to .ake ~he .o.~ effierien~ u.e of ~heir power. by enablinq th.. to eroopera~e wi~h o~her looalitie. on a ba.i. of .utual advaDtaqel and .....-., the COOJl'fY ha. erau.ed ~O- be prepared roadway eron.traotioD plaD. aDd .peoifieration. for i.provinq .e.t AtlaDtier Avenue fro. Joq Road to Xilitary Traill and .....-., the CITY ha. erau.ed ~o be prepared utility eron.truotioD plan. aDd .peoifieration. for the r..oval, replaer..en~ aDd adju.taen~. of ~he wa~er aDd .ever line. tor the afor..en~ioned portiOD of .e.~ A~laD~io Avenue fro. the LWDD 11-3 CaDal ~o xllitary ~rail, whioh w11l .erve por~ion. of it. .erviere areal aDd ........, bo~h CIn aDd ~he COOJl'fY "eerlare that it i. in the publier iD~ere.~ ~ha~ ~he u~ili~y reaoval, replao...nt and adju.taeDt. of the water aDd .ever liDe. be eron.~ruo~.d with the afor..eDtioned .e.~ A~laD~ier Avenue fro. Joq Road to Military Trail i.prov..ent., aDd 1 , f ( cxn 0:1' DBLDY BDCII ......., the CITY ha. ~udgeted fund. for the utility r_oval, replac_ent and adju.ta.nt. of the vat.r and ....r line. along tbe authori.ad ..rvica ..ction of ...t Atlantic Avenua froa tbe LWDD B-3 Canal to Military Trail, and ......., tbe CIn i. d..ircu. cf funding tba cc.t. tor tbe utility r_oval, replac_ant and adju.taent. of the .at.r and .ever line. .bicb .ould ~.nefit the CITY, and ~..., the CITY .ill perfon all in.pections, t..ting and c.rtification. r.quir.d for the utility r.aoval, replao_.nt and adju.ta.nt. of tbe vat.r and ....r lin.. to in.ur. coaplianc. .itb th.ir .pecification. and perait., . .., ~.., for and in con.id.ration of the autual covenant. contain.d h.rein, the partie. to this Agr....nt agr.e a. folIo... 1. Tbe r.cital. .et fortb above ar. b.r.by adopted and incorporat.d in tbi. agr._ant. 2. Tha COURTY agree. to. A. Adverti.e for bid., .ubait bid. to tbe CITY tor r.vie., and a.ard a contract for the improv_ant. for .a.t Atlantio Avenu. troa Jog Road to 11111 tary for the utility rnoval, replac_ent and adju.t:aent. of tbe vat.r and .e..r lin.. .hicb ar. to b. own.d by tb. CITY. B. Adaini.t.r tb. abov. oontract and adaini.t.r th. fund. in accordanc. .itb tbi. Agr....nt. Z .. , I cJ:n 0., DBr.aay BDCII C. supply the CI'1'Y with a contraot audit in acoordance with standard accountinq prooedure. which reflect. total, final co.t. of the utility reaoval, replac..ent and adjustment of the water and .ewer line., upon co.pletion of this projeot. D. '1'0 the extent the county i.charqed with de.ign for the roadway oon.truotion plan. of the project, the COUJl'rf agree. to be r..ponsible for any and all liability with reqard to its p.rforaanoe of the requir_.nt. of this agre_ent. I 3. '1'he CIn aqree. tOI A. U.e a profe..ional engineer .elect.d by the CITY to prepare 4e.iqn plan. for the utility re.oval, replao_ent and adju.t:aent. of the water and .ewer line. and obtai. all nece..ary perai t. tor the projeot. B. Pay the co.t. of enCJi..ering ..rvic.. to acco.pli.h de.iqn plan. for the utility removal, r.plac_e.t and adju.t:aent. of the water and .ewer li... for the projeot. c. Provide or cau.e to be perforaed all inspection .ervice. for the utility r_oval, replace.ent and adju.t:aent. of the water and sewer lines during oon.truotio. and final oertifioation for the afor_e.tio.ed utility re.oval, replao...nt and adju.t:ae.t. of the water and .ewer lines. 3 , I cxn 0.. DILJmY BDCII D. To the extent that the CITY h charged with de.ign for the utility r..oval, replac..ent and adju.tment. of the water and 8ewer line. of the project, the CITY agree. to be re.pon8ible for any and all liability with regard to it. performance of the requir..ent. of thh agre.ent. I. To contribute and to forward to the COUNTY the funding for the actual co.t. of utility removal, replac..ent aneS adju.taent of the water and .ewer line.. contribution. aneS funding for the c08t of 8uch r..oval, replac..ent and aeSju8taent. .hall be paieS by the CITY a. such . 4. Both the COUll'l'Y and the CITY agree to pay to the other 8uch funeS. a. are ineSicateeS in the final audit .et- forth in Paragrapb 2 (C) abov., whicb will balanoe aooount. betw.en the partie.. 5. Thi. Agre.ent .hall b. ..out.eS in triplicate and tb. COUHTY 8hall r.tain two (2) aneS the CITY shall retain one (1) copy. All .hall b. con8idered an original. I. ADy aneS all notio.. r.quir.eS or peraitteeS to be given her.und.r .hall I)e eS....eS r.c.iv.eS five (5) day. after .... are d.posit.d in u.s. .ail 8ent via certifieeS mail, return r.c.ipt requ..t.eS. All notice. to the Cl~ .hall I)e .ent tOt City of Delray B.aoh 434 South Swinton Avenue Delray Beaoh, rL 33....4 AT'l'JIa Hr. Riohard Ba.ko, P.I. Direotor of PUblio utilitie. 4 · - r i i I ~ CIft or DIILIIAY BB&CB All notices to the COUHTY shall ba .ent to I George ~. Webb, P.S., county znginear Bngineering and Public Works Depart.ent P.O. Box ZlZZ' weat Pal. Beach, rL 33411 AftJll Roadway Production X. WI~.. WBB8BOr, the county of Pal. Beaoh, Ylorida has cauaed thia Aqre_ent to be aiCJDed by the ChairJaan of the Boarl! of county co.aiaaionera and tha aaa1 of said Eoard to ba atfi.ed hereto and atteated by tha Clerk of aald Board, pursuant to authority granted by aaid Board, and tha CITY haa cau.ed this Aqre_ant to ba aic¡ned in ita naaa by 1 ta Chairllan anI! it. ..al to ba .ffixed hareto, atteated by ita seoretary, the d.te and , year firat above written. CIn or DSLRAY BOCK PAUl BOCK COUHTY, FLORIDA, BY I~S BOARD OJ' COtJJITY COJOlISSIOnu Byl Byl DAT. A'l"l'Bna AftSS'!1 DORO~ H. WILKEN, CLERK BY' BY' DATS DATI UPItOVBD AS TO rOD AJID APPROVBD AS TO rORK AND LEGAL LBG&L surrIcIBBCYI surrIcIDCYI BYI BYI CI'fY ATTOIUlBY COUHTY ATTORNEY h:\IOAIIWI\Y\AGIIIIT\8S\U540A.1DI (reviled 716194) 5 '. . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: fllcITY MANAGER SUBJECT: AGENDA ITEM i <g.£.. - MEETING OF JULY 19. 1994 RESOLUTION NO. 58-94/FLORIDA MAIN STREET PROGRAM DATE: JULY 15, 1994 This is before the Commission to approve Resolution No. 58-94 which authorizes and endorses the submission of an application to participate in the "Florida Main Street" Program, and also provides for a funding commitment in the amount of $30,000.00 per year for three ( 3 ) years and other support in an effort to insure the program's success. The Florida Main Street Program, sponsored by the State Bureau of Historic Preservation, recognizes cities that are working to preserve and revitalize their traditional downtown centers. Main Street cities are eligible to receive a $10,000 grant to help cover the cost of program activities. Pineapple Grove Main Street, Inc. was created to implement the Main Street Program for the Pineapple Grove commercial area. The group is made up of business and civic leaders who will be following the Main Street approach to revitalize the Pineapple Grove area, regardless of whether or not the designation is actually achieved. Their first task is the preparation and submission of the application for the Florida Main Street designation. An important component of the application is the City's commitment for financial and other support. The funds committed for this project are available in Contingency (Account No. 001-6111-519-99.02). As currently envisioned, the Department of Planning and Zoning will provide technical support to the Main Street organization, with the Director acting as the group's City liaison. At the July 12, 1994, workshop meeting, it was the unanimous consensus of the City Commission to support this program. Resolution No. 58-94 formalizes the Commission's endorsement as well as the funding commitment. Although not included in the resolution, it is understood that the City's contribution will be reimbursed by the Community Redevelopment Agency (CRA) from increased T.I.F. revenues, if the program is successful. Recommend approval of Resolution No. 58-94. ref: a: agmemo4 . . . -.- _.-.._-_.-.- -.-, RESOLUTION NO. 58-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND ENDORSING THE SUBMISSION OF AN APPLICATION TO PARTICIPATE IN THE "FLORIDA MAIN STREET" PROGRAM; PROVIDING FOR A FUNDING COMMITMENT AND OTHER SUPPORT. WHEREAS, the Florida Main Street Program ( "Program" ) has been created to assist Florida communities to develop a public-private effort to revitalize their "Main Street" areas; and WHEREAS, up to three cities may be selected to participate in the Program in the upcoming year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section I. That the City Commission of the City of Delray i Beach, Florida, hereby authorizes and endorses submission by Pineapple Grove Main Street, Inc. , of an application to participate , in the Program with the specific goal of revitalization of the I Central Business District. Section 2. That the City Commission of the City of Delray Beach, Florida, agrees to support that local Main Street Program and participate in its activities, and hereby commits to provide funding in the amount of $30,000.00 per year for three (3) years in an effort to insure the Program's success in the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this 19th day of July, 1994. %L~ t' M Ajý'O R ATTEST: I {2L.,,1TJ 'l(JJf' Jt.(fj"-jln 74 I I I City Cler I · Agenda I tern No. : AGENDA REQUEST Date: 7/;"/97' Request to be pkaced Dn: V' Regular Agenda Special Agenda Workshop Agenda When: '/ /;1 /'~ ORDINANCE/~SOLUTION REQUlRE~ @§)NO Draft Attached: ~NO Recommendation: RE.sCL.U TION No· 58-CfJ/. 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 alternative. (if applicable) Account No. & DescriPtiont a;/-foO 1- ~/q .qt¡~2- CLNT1~CY Account Balance: ~~Î,~ City Manager Review: Approved for agenda: YES/ NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ., · '~ PINEAPPLE GROÝE MAIN STREET, INC. Proposed Budget - Program Year 1 October 1, 1994 to September 30, 1995 Cash Amounts "In Kind" Total In Hand Pledged Io.tiJ Contributions Funding INCOME Public Sector: City Commission $ - $ 30.000 $ 30,000 $ - $ 30,000 Joint Venture - - - 2,500 2,500 Community Redevelopment Agency· - 5,000 5,000 7,600 12,600 Downtown Development Authority· - 5,000 5.000 - 5.000 - 40,000 40.000 10.100 50,100 Private Sector: Fundraising - Founders/Sponsors - 10,000 10,000 - 10.000 Fundraising - Other - 3,500 3,500 - 3,500 Membership Dues - 2,000 2,000 - 2,000 Other - - - 4.000 4.000 . Total Income S - S 55,500 S 55,500 S 14.100 S 61.600 1 10 ! EXPENSES Salary - Program Manager S 30,000 S - S 30,000 Benefits - Program Manager 4.000 - 4,000 Salary & Benefits - Staff - 4.000 4.000 Travel 3.000 - 3.000 Advertising & Promotion - 2,500 2.500 Postage 800 - 800 Office Supplies 500 - 500 Office Expense - - - Printing/Photocopy - 2,000 2,000 Photographic Supplies - 500 500 Insurance 1,000 - 1.000 Rent - 3.000 3.000 Utilities .--:- - 300 300 Telephone i::", 1,200 - 1.200 Professional De\. "~'.It: - - - Answering MachinenJervice - 300 300 Contingency - - - Professional - 1,500 1.500 Janitorial - - - Projects Budget 15,000 - 15.000 Total Expens_ S 55.500 S 14,100 S 89.600 Net Surplus (Deficit) S - S - S - ·Both the CRA and DDA are indudino the pledges herein reflected in their respective 199411995 budgets being "works hopped" as of the current date. Neither of the agencies will finalize its budget until September. 191M. . . . 11 n // }' I" I ~ / ILL sm CT. - . ~¿j [ } I == ~ OL 4 ... - [.. M n ]~ J ~ ~ lAkE IDA ROAD H.E. e - - - 41H - - - ST. ~ - - -- : ' : @ @ ) K@. ~ ~,~ r- ~ /;i, ~ ~ ~ / /1 ~ ~ < I I/IID IL- _ . N.£.". - ~ ~r- ilL .. '-- - ~ ~DD Q 9 @ I~! w ~ . > . <Dti e i/ - A , I ,1 2IID . ~ o 0 z z a ð ID ID ILL ~ ~ ~ ~ ~ ~ a:: ~ ~ ~_ 0 0 o ~- ~ % ..- I , I Z N.E.. 1ST ST.'I 1ST $ : ~ ~. ~ '1 en t Q V ~ ~ Ii!! ~ ~ I , > > I % % OIJ) ,~ . I,", =. l J == I ;¡ I~ tC1 0- ATLANTIC AVENUE - ~ ~ r 1DDD' nDDc:JO-- ~ 5 ~D = II -- I~ I~ ~ ~ ~ ~ So£..:::1 / '==J. 1ST '-- - ST.'::-= ~ .. PINEAPPLE GROVE t cm~~::"~ . MAIN STREET AREA -- lJIQTM, auF IIAP S)S7DI -- , . . - + Welcome to PINEAPPLE GROVE MAIN STREET N. E. .. T H S T R E E T (l A K E I D A R 0 A D) :-r--rm I ì I Ii! I : !' I I . ! i I ! I, ' , i :, I ¡ ; I I ; I I ¡ Ii: ¡ ¡, , I LLJ LJ 'I i ,--,,~ -~E..]rd ~ ' r-------, " ,.::--l ,r---¡ 1, 'I ~., .: R i' I: . I f I [ ." ^ .. I .. I ¡I > I N ¡ > > I :)~U;i d ¡~! II ]1 ø to. I, ~-~I!.lJ~' ,I~, I I N II z, ~. !z!¡ z:,I / .. II ~ :1f~~ WL~ .~ S-:., I I I : n 311: i J-¡II I' I, . I ~!i ;, i I I ,; ~ ~ I : i I : ~LJ l.-------J~ IL-.iL-.; l I .<. I N,L IS! 51. : I ~ -. ... II~;-"'! ,'---; I Iii¡ ...¡ Ii ':' ,I 'Íii!i ,zl i (....n ." :i .i:1 : ¡ II \(HU : I' " '~. I 1:1 ,,¡ I '\l)(I,\RI ' ,: ,+ I Ji ,I II Ii! :: ,/1 L.......J U I ~--.¡- ~t'f' I : /,, I I L-~ _______~ L___ _--1 T (/ ; A TLANTICtA VENUE - De/ray Beach's MAIN STREET Program + . . . . The Main Street Program ... a comprehensive revitalization strategy that encourages economic revitalization within the context of historic preservation ... · 1977 - National Historic Trust for Preservation Pilot program - "The Main Street Project" · 1980 - National Trust - Main Street Center Six-state demonstration project · More than 850 communities in 38 states · In Florida, 32 communities have joined since 1985 - the results include: $167 million in reinvestment 760 new businesses 2,600 new jobs . more than 1,700 building rehabilitations PINEAPPLE. GROVE MAIN STREET I:l DELRA y BEA.CH'S MA.IN STREET PROGRAM . . r---- u .... .... .. ..... . - -----. - - -- ., The Main Street Approach The foundation of the Main Street Approach is preservation of the built environment and of the human resources of the downtown or neighborhood business district. e Promotion I e Design e Economic Restructuring ',. Organization '-------- ... -- -.- ~ t'INEAPPLE 6RO"E MAIN STREET J:X DELRAY BEACH'S MAIN STREET PROCRAM , . .. .. . . n n. --.-.. - - - Promotion · Special Events i I · Retail Events I I I · I mage Enhancement i I ~----- . - - - __ - .._n . _ . _ _ ___ _____.__._____. 4_ __. 0..-.'.< PINEAPPL.E. 6RO"E MAIN STREET xx DELRA y BEACH'S MAIN STREET PROCRAM , , ~~ -. -. .-- Design · Design education and technical assistance . , '" · Financial assistance and incentives · Public improvements (streetscapes/open spaces) · Regulations and enforcement _ _~__ _.u__ .____. ...._ ... _. . _._ _ ...__d~_ ._.~ __. ..__J PINUPPLE 6ROVE MAIN STREET J:( DELRA y BEACH'S MAIN STREET PROCRAM , . ~ ~ ~.. .~.. ... ... .u .. , \ EconomicRestructuring , · Existing building and ' , business inventory ! · Market Analysis · Business retention and strengthen i ng · New business recruitment I· 1"<;:',,,,,, : :~'~>~:"f"' -'"": . ,_ '..'.... '0" j t '-, ,.,::'~~"x I.·...··:.·.¡~...···;, I .../'f;} ~. ·,.·.h.u .. ____._..'..._ __ _~._ ~._ PINEAPPLE. 6RmfE MAIN STREET tl DELIlA y BEACH'S MAIN STREET PROGRAM , .~~ " PIN£APPLE GROVE MAIN STREET PRESIDENT JIM STAHL Organizational Structure Chart 1 VICE PRESIDENT p- - - - - - - - -. SUSAN BROWN I ExECUTIVE I COMMITTEE .--- I I {A&SOINClœI5~G-J . SECRETARY [SUSAN BROWN] TREASURER JOHN MCKENNA .- - - - - - - - - -. ADVISORY BOARD 1 I ()n.ø ORGANIZATION I . [CHAIR] I LIAISON COMMITTEE I (CHAaT 11 . p_ - - - _1- _ _ _ _. I FUNDRAISING I BOARD OF I '"'- [MICHAEL WEINER] DIRECTORS p- - - - - - - --. I I . -: OUTREACH COMMITTEE I I û:M.u«ATDB PROGRAM MANAGER .-- ~ [INDIVIDUAL] [INDIVIDUAL) .. PROMOTION COMMITTEE i - [CHAIR) {eHUTS 3 ... 41 DESIGN COMMITTEE - [CHAIR] (eHUTS 3 ... 5J EcaÐwc~ ----- [CHAIR) . ¡o-n3"'6 'The name reflected in connection with a commí~ee represents the committee's chair. . .~ PINEAPPLE GROVE MAIN STREET Organizational Structure Chart 2 CIlY OF .-- DElRAY BEACH DElRA Y BEACH I--- CttAM8ER OF COMMERCE HISTORIC ~ PAlM BEACH CouNTY PREsmvATION 8o.w> p- - - - - - - - - -. I PINEAPPlE GROVE I OTHER ORGANIZATION SUPPORT GROUP! I LIAISONS I BANKERS' Row .. OLD - SCHOOL SQUARE COMMUNITY - REDEVELOPMENT AGENCY DOWNTOWN - DMlOPMENT AUTHORIlY I PINEAPPLE GROVE MAIN STREET Organizational Structure Chart 3 SPECIAL EVENTS I ~~ I ..-- [CHAIR] RETAIL EVENTS [1] I (0iMT4) I ~ IMAGE ENHANCEMENT I DESIGN EDUCATlON/TECHNICAL ASSISTANCE I p- - - - - - - - - -. ~ I I I ~~ FINANCIAL ASSISTANCE AND INCENTIVES I BOARD OF I DIRECTORS [CHAIR] ~ I I (0iMT 5) ~ PUBLIC IMPROVEMENTs/OPEN SPACES I .. ~ REGUlATIONS & ENFORCEMENT I BUILDING & BUSINESS INVENTORY I E<D.o.tc~ ~ MARKET ANALYSIS I '-- [CHAIR] i-- (0iMT6I ~ BUSINESS RETENTION & STRENGTHENING ~ BUSINESS RECRUITMENT I . PINEAPPLE GROVE MAIN STREET Organizational Structure Chart 4 Ii ORGANIZATION COMMITTEE LIAISON I H COMMUNITY GROUP(S) MEMBERS I SPECIAL EVENTS r SCHOOL LIAISON(S) I r-- [CHAIR] I H CITIZEN(S) I H STUDENT(S) I MERCHANT(S) I p- - - - - - - - - -. H ADVERTISING SPECIALIST I I I PROMOTION I RETAIL EVENTS I COMMITTEE I [CHAIR] - I I H CITIZEN(S) I . STUDENT(S) I Ii . PUBLIC RELATIONS SPECIALIST I"· H AOVERTlSING SPECIALIST I :~'"':-;~- -'(~..·Y"-: . ""." ~.:;¡0::;,,>: H TOURIST DEVELOPMENT LIAISON I -~~f;;'~!'··· ---- IMAGE ENHANCEMENT I DESIGN COMMITTEE LIAISON I [CHAIR] I H GRAPHIC DESIGNER I Ii CITIZEN(S) I H STUDENT(S) I . PINEAPPLE GROVE MAIN STREET ECONOMIC RESTRUCTURING COMMITTEE lIAISON Organizational Structure HISTORIC PRESERVATION SPECIALIST Chart 5 HISTORIC REsIDENTIAL ÛRGANIZATlON lIAISON DESIGNEDUCA TlONrr ECHNICAL AsSISTANCE ARCHITECT [CHAIR] INTERIOR DESIGNER SIGNAGE SPECIALIST DESIGN STUDENT(S) GRANT WRITER FINANCIAL ASSISTANCE AND INCENTIVES BANKER (LOW INTEREST LOAN PROGRAM) [CHAIR] p- - - - - DISTRICT BUILDING/PROPERTY OWNER I DESIGN I I COMMITTEE HISTORIC REsaOENrw. ORGANIZATION lIAISON CITY STAFF - PLANNING & ENGINEERING IC 'MNOVEMENTslOPEN SPACES SP£cw. Puøuc PROIECT ORGANIZATION lIAISON [CHAIR] TECHNICAL DI5IGN lwsoN fROM SPEcIAL TAX HISTORIC REsIDENTIAL ÛRGANIZATlON lIAISON CITY BOARD - ZONING/HISTORIC REGULATIONS & ENFORCEMENT CITY STAFF - ENFORCEMENT [CHAIR] ClTIZEN(S) . . . PINEAPPLE 6ROVEMAIN STREET REAL TOR(s) Organizational Structure Chart 6 DISTRICT BUSINESS OwNER BUilDING & BUSINESS INVENTORY [CHAIR) DISTRICT BUllDINGlPROI'BTY OwNEII COllEGE STUDfNT(S) MARKETING Sl'fCIAllST MAuJOTHER DfVElOl'Elr(S) MARKET ANALYSIS REPUHNTATM Of lAaGE BUSINESSES [CHAIR) (NOT NECESSAIIlY IN DI5RICT) DISTRICT BUSINESS OwNEII COllEGE STUOfNT(S) MAaIŒTING Sf'KIAUST p- - - - - - - - -. DISTltICT BUSINESS OwNEII I ECONOMIC BUSINESS RETENTION & STltENGTHENING I RESTRUCTURING [CHAIR) I PROfESSIONAL TUINEII I COMMITTEE . SProwm..VAllJOUS8usN55&~ DtsoruNfs REAL TOR(s) CHAM.EII Of COMMElrCE LIAISON MAu/OrHEII DfVflOl'ElrS CITY liAISON MAalCfTlNG Sf'KlAllST BUSINESS RECRUITMENT [CHAIR) DISTltICT BUSINESS OwNER DISTltICT BUllDfNCIPIOI'EIrTY OwNEII C~lEGESTUOfNT~) REf'lESfNTATIVE FaDM LARGE BUSINESSES EVERYONE . . I - - -. .- -. --- - I I "Organization Buildout" · Identify stakeholders · Understand and assign responsibilities I I · Reach out to the I · Plan activities carefully · Continuously search for ways ",fèinvolve new people p ~EMPPL£ 6Ro\(E MAIN STREET xx DELRA y BEACH'S MAIN STREET PROGRAM . . .. . . ... . . . -- Downtown Stakeholders · Business owners · Local media · Property owners · Y outh/schools · Residents · Financial institutions · Utilities · Churches I · Hospitals · Chamber of Commerce · City government & police department I i · Historic preservation organizations I · Downtown employees I · Cultural institutions I I ì I I · Service and community organizations · Su..roundingcommunities .. ...... . . .. .-- - _._~ PINEAPPLE 6RmfE MAIN STREET J:( DELRA y BEACH'S MAIN STREET PROGRAM , · r .. ... _ . . u... .. . . I I i Taking Action I I I I on Main Street I · Vision 1 · Objectives2 · Mission 1 · Activities2 ; I I · Goals1 · Workplan2 i , I 4t~~¡1! · I 1 . .,.....~:. I Boar . .,;",:J't 2Committees I ";",)""> '~,' "- ,,' ,. I .... .¡, ~:-,-'<f.; I i.,_;· ;- ~ .. .-..... . . PINuPPLE 6RO\fE. MAIN STREET xx DELRA y BEACH'S MAIN STIlEET PIlOGRAM , * I , ~ {/ ~l ILL 5TH CT. J I /' I I - . ~ð [ } I==~ OL ~ - [OL ~ n. }~ 1 ~ ; lNŒ lOA ROAD' N.L e---41H --- ST.----- I -- I ' : @ @ ) (@, ¡ ~,~ ,... ~ /1 ~ ~ ~ ~ ~ , i ~ < I /110 ~ IL-. _ , I~ '"'DOlL£. ... - .1IaI ~ I r ilL JID ---s c ~ ~ y ~~, ~ 1/ '"' ~ , :D I s ¡ , I IlL 2ND 11. -I ' ¡r- 3 ~ ~ @ @ ~ - /D !i1 1!i1- - ~ ~ g ~ II! an ¡::: ~ i ~ z ä ~ -- ~ z I , I Z IL. 1 IT.' 1ST ____ - ~ ~ ' ~ : !QV ~91¡ ~ ~ ~ I , :J: % ~ . .~ ICHØGL . en "! F s: ..". ~ I~ :)= ....".. II ruD~~ A T l,,,,, .e' A V E N U E : = .~". DD:J nDDDO~~ COUItT - 1 F= ~ ' ~ I = I ~ ~ - u.;::J If==: 1ST ~ ---' ST.- N f PINEAPPLE GROVE f a~::"FI. MAIN STREET AREA -- DICfT'M. IJASF MAP SYS7ÐI -- , /1: ~ c . ..'} 1 ,; 1- ! ò CITY COMMISSION WORKSR PREPARED BY: DIANE DOMINGUEZ 17 DIRECTOR OF P MEETING DATE: JULY 12, 1994 SUBJECT: FLORIDA MAIN STREET PROGRAM The Florida Main Street Program, sponsored by the State Bureau of Historic Preservation, recognizes cities that are working to preserve and revitalize their traditional downtown centers. The program provides a statewide network of people and businesses who have successfully promoted their downtown areas, and have seen those efforts pay off in the creation of new jobs and increased business opportunities. Main Street cities are also eligible to receive a $10,000 grant to cover the costs of program activities. There are currently 32 Main Street cities in the State of Florida, and over 850 nationwide. Pineapple Grove Main Street, Inc. was created to implement the Main Street Program for the Pineapple Grove commercial area (see attached map) . The group is made up of business and civic leaders who will be following the Main Street approach to revitalize the Pineapple Grove area, whether or not the designation is actually achieved. The attached brochure explains the program and the organization in greater detail. The group's first task is the preparation and submission of the application for the Florida Main Street designation. An important component of that application is a commi tment by the City for financial and other support to help ensure the program's success. Financial support is being sought from other sources as well, including the CRA, the DDA, area businesses, and individuals and organizations. The funding will be used to cover the salary of a Main Street Coordinator, as well as the costs of office space, program operations, and specific projects. An operational budget is currently being finalized, and will be available for review at the workshop. The group is asking the City to make a commitment for at least 3 years of funding and in-kind services. As currently envisioned, the Department of Planning and Zoning will provide technical support to the Main Street organization, with the Director acting as the group's City liaison. Main Street Coordinator Tom Fleming and members of the Pineapple Grove Main Street Task Team will be present at the workshop to further explain the program objectives and benefits, and to address questions regarding the nature of the City's commitment. Attachments! * Map of Pineapple Grove Main Street Area v/51 * Pineapple Grove Main Street Brochure , . - OÞ99-9Ll (LOÞ) þþþ[[ "f?P!JO{:i 'lp"f?ag Á"f?J{aa anua^'v' :J!JU"f?{W lS"f?l LOZ w"f?J8oJd laaJJ5 U!"f?J¡y s.4:J"f?ag Á"f?J{aa ·:>NI 'l.D1J.LS NIYW ~O1l9 7IcldnNld ~Œ, ~I I =: 1 C=:J 1 I: ~ J: "BË3 .."... 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" 0 ~ ~ :i ~ ~ ~. g 0 ~' ~ Q ~ ~ ~ :;¿' - ~ C') ~ :;, ~ 9: ~ å ~:=: ;-gQ..~~~æ.~ ii"::.~ "<-g..-' .£ ~ ~ "'Ò:r~¡¡- V10- n ~::I -~:T~ ~ ::I ~" t't) ::-:;;¡ ~ D.I -. =r 0 ~ !!!.. õ· "'."'" ::t ii' a- i" ...J VI ._ . - . - --AIA1 - F. ,34 ."................. I I ARCADIA - The heart of central Florida. 813/ Mli\MJ SHORES - The vilJage beautìful. 494-40aS 30é./795·2207 AUBURNDALE - NEW PORT RICHIE - H.evitl:¡Jizing Your cent.ral dasti- tomorrow's downtown today, 813/842-8066 nation. 813/965- m:w SMYRNA BEACH - We're changin({ for 6159 you. 904/423-8680 AVON PAR1{ - OCALA - The friendly city. 904/629-8423 City of charm. 8131 452-1205 PALATI<A - Home of the Annual Blue Crab BAR'rOW - Hist.ory in the making. 813/534- Fe:3tival. 9041325- 4406 4030 PANAMi\. CITY - CHIPLEY - 9041638-4157 Share the futuxe. DADE CITY - Proud heritage ~ promising f1.1- 904J785-2554 ture. 9041567 -0284 PBRItY - A com- DELAND- Central Flodda's histotic treasure. munit y im proving a 904/738-0649 communìty. 004/ FT. PIERCE - The surrise city. 407/466-3880 584-5,366 HAINES CI'rY - The heart of Florida. 813/ PLANT, ;I'IY - Florida's wintút strawberry 421·4906 capital. [13/754-1745 IŒYW}~S'l' -Amorica's Gwibbcanisland. 305/ QUINC" - Diversity abounds. 904/627J2346 292·8255 SEBRIN G - Where hospitality is our middle LA1Œ CITY - GateNilY to Florida. 904/755- name. BI3/3f2-0649 .0023 S'fUA ,tri' - f. ailfish capital of the world. 407/ LA1{E WALES - I 286-2f 18 Not out of the way, TARPOJ'¡ Sl 'RINGS - Sponge capital of the Just out of the ordi· world. 8 L3/9·"2-5605 nary. 813/676-2533" T1TU8'1 {LL!!: - Space City US.A. is building LAIŒ WORTH - on histOl 't. 41 J7 1269-7363 407/58ß-1600 VENIGr: - Sh¡rk's tooth capital of the world. MARIANNA - 813/484- 3722 Bringing back V.f:INT1~ t G \} tDEN - Home of the Annual Marianna's best. 90 t/4£\2-6046 Possu n Q1.1et:n Pag\::ant. 407/656-6363 . , ~ [IT' DF DELIA' 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 " br:e.w:II MEMORANDUM AI~America City , (III~ATE: July 14, 1994 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: City of Delray vs. American Centennial A representative from American Centennial Insurance Company has indicated that American Centennial would accept a demand of $100,000.00 in settlement, to be split by Davey Compressor, the Razetes and the City. Due to the particular language encompassed in the policy regarding exclusions for personal injury and property damage, our office with concurrence of outside counsel would recommend the issuance of a demand in the amount of $150,000.00 to settle the claims of the City with American Centennial. This demand would not represent a settlement pertaining to all parties. By copy of this memorandum to David Harden, City Manager, our office requests that the settlement demand as set forth above, be placed on the City Commission consent agenda for CO~ion. C~ - SAR: '- cc: David Harden, City Manager Alison MacGregor Harty, City Clerk William Greenwood, Director of Environmental Services Joe Safford, Director of Finance egG ® Printed on Recycled Paper " I ~¿ [IT' DF DELHA' BEA£H CITY ATTORNEY'S OFFICE 200 NW Isl AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr.i.ter·. D.1.rect L.1.ne DELRA Y BEACH (407) 243-7090 F L 0 . IDA. ..... AJl.AmeticI City , III J! MEMORANDUM Date: July 15, 1994 1993 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subj'9ct: Aqreement with NCA Super Squads The attached agreement between the City and NCA Super Squads vdll ëlllow for a cheerleading program to be offered at the Community Center. The City will receive 25% of the $40.00 monthly enrollment fee for each student. The program consists of eight. lessons per month in the areas of dance, -tumbl ing 1 and cheerleading stunts. NCA is to provide proof of insurance, and will indemnify the City for any injuries which may occur. This agreement is for one year and may be extended for one additional year. Please call if you have any questions. DNT : ;smk Attachment cc: David Harden, City Manager Pam Post, Recreation Superintendent Sharon Morgan, City Clerk's Office nca.dnt ® Printed on Recycled Paper g. ¡-/. , . . ,. _ -,~. '..-... - ... -- --~_. _. -- ..,-..' - '.--."--. . AGREEMENT This Agreement entered into this ____ day of , 1994, by and between the City of Delray Beach ("City"), a Florida municipal corporation and National Spirit Group, Ltd. ("NCA"), a Texas corporation. WITNESSETH: WHEREAS, NCA provides through the Super Squad Program, an opportunity for students to participate in an affordable, convenient, high profile dance, drill and cheer squad; and, WHEREAS, NCA desires to establish a Super Squad Cheerleading Class at the City of Delray Beach Community Center; and . WHEREAS, the City desires to enhance its recreation activities currently available by including the Super Squad Cheerleader class. NOW, THEREFORE, in consideration of the mutual covenants and understakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and NCA do hereby agrees as follows: 1- The City will permit NCA to provide a cheerleading program at the City's Community Center. The program will consist of eight lessons per month for each student enrolled in the program. 2. NCA shall provide the City with a properly executed insurance certificate indicating that NCA has general liability insurance in an amount of $1,000,000.00, as well as a . . _.-, ." - <...-....-.. -- -.- ~-_.~.__._- . participant accident policy, with the City of Delray Beach named as an additional insured on both policies. 3. NCA shall have a parent or legal guardian of each student enrolled in the program execute a Release prior to enrolling in the program. The Release shall release the City from all claims, suits, or damages which may arise from participating in the program. 4. The enrollment fee for each student shall be $40.00. The City shall receive 25% of all enrollment fees collected from students enrolled in the program. 5. NCA shall be responsible for obtaining all necessary licenses and/or permits required by the State of Florida, Palm Beach County, and the City of Delray Beach, as well as paying . all federal, state, and local taxes, including sales tax. 6. The City will provide NCA with a practice area at the Community Center. The primary location for activities shall be at the grassy area north of the Community Center. 7 . All bathroom and locker facilities at the Community Center shall be available for the use by the NCA students, and a telephone shall be available for NCA's use for emergency purposes. 8. In consideration of the payment of $10.00, receipt of which is hereby acknowledged, NCA agrees to indemnify, defend, release and hold harmless, the City of Delray Beach, its representatives, agents, and employees, from any claims, suits, causes of action or any claim whatsoever made arising from NCA's activities, or from any claims for damages to property or injuries to persons which may be occasioned by any activity 2 . carried On Pursuant to this Agreement, empLoYees, agents and stUdents. inclUding NCA's 9. 'l'his Agreemen t, inClUding att ConStitutes the t· aChments hereto en 're ~gr , eement between the _ sUpersede and repI part'es, and shall aCe all p . r.1.or agreements "ri tten Or oral 1 Or understandings ' re ating to th , e matters Set f 10. This ~gre Orth herein. ement may be amended Or '. ..ritten addendum mOd'f'ed Only by Or amendment Signed b aUthorized by the' Y the Parties and 'r resPeCtive elected offi . 11. This c'a1. ~greement shall b e effect- execUted by the Cit 've On the date Y of Delray ¡¡each Ci t '. remain in force fo Y COIII,"ss,on and shall r one Year from sUch ~greelllent may be effective date. The elCtended f Or one addi t _ ..ritten nOtice is gi ,onal, Year Provided ven no later than thirt the eXPiration of th Y (30) dayS Prior to e Agreement. 12. All notice reqUired Or allowed by shall be this Agreement delivered in Person Or mailed fOllOWing address: to the Party at the C't , Y Of Delray ¡¡each, Joe Weldon, Director of of Parks a d R 50 N W n ecreation . . 1st Avenue Delray ¡¡each, FL 33444 NCA: NCA SUper SqUads 2010 Merritt Dallas, 'l'g 75041 3 , . . .. .,' '. -- ~ - . . IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the date first above-written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to Form and Legal Sufficiency: City Attorney NATIONAL SPIRIT GROUP, LTD. By: Witness (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 nca. agt 4 , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER{7v1 SUBJECT: AGENDA ITEM # ~'- I - MEETING OF JULY 19, 1994 AWARD OF BIDS AND CONTRACTS DATE: JULY 15, 1994 1. Bid Award - Supplemental laboratory analysis for water, wastewater, etc. - Harbor Branch Environmental Laboratory, at an estimated annual cost of $30,000 . . . . ~, M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Joseph M. saf~irector of Finance FROM: Jacklyn Rooney. BUYer~ DATE: July 07, 1994 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 19, 1994 - BID AWARD - BID f* 94-62 SUPPLEMENTAL LABORATORY ANALYSIS FOR WATER, WASTEWATER-L ET~_IERM CONTRACT Item Before Çity Commis~lon: The City Commission is requested to award the annual contract for supplemental laboratory analysis to Harbor Branch Environmental Laboratory at an estimated annual cost of $30,000. Backç¡round: Bids were received on June 23, 1994, from nine (9) firms, all ln accordance with the City Purchasing procedures. (Bid #94-62. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your reVlew. The Deputy Director of Public utilities has reviewed the bids, and recommends award per attached memo. Funding for this service is from the department operating expense budget. Recommendation: Staff recommends award to the low bidder, Harbor Branch Environmental Laboratory at an estimated annual cost of $30,000. Attachments: Tabulation of Bids Recommendation Memo pc Richard Hasko Don Haley , . . . Memo To: Jackie Rooney, Buyer City of Delray Beach Thru: Richard Hasko, P.E. ~ Deputy Director of Public Utilities After reviewing outside laboratory bids, and after a tour of the lowest bidder's inside facility. Mr. Haley, Water Plant Superintendent, and I both agree to recommend the City of Oelrav to award Harbor Branch Oceano2raphic Institution~ Inc. the contract for the period from 7//5/94 to 7/5/95. Harbour Branch Envronmental & Drinking Water Laboratory was bid #94- 62 suplementary Laboratory Analysis for Water, Wastewater, Etc. I estimate the outside laboratory usage for the above period of time will be approximately $30,000.00 / year. Sincerely, . , ~:J)J.eiRJcf(t/ 'f1 ~/u¿~. n'Detenga n' Gummo, Lab. Manager cc. Mr. Don Haley Mr. Harvey Vick n'G/n'G bid' 941t.doc '. · TP8JLATICtI OF BIDS BID 194-62 SlFPLEMEHTAl ~Tmv ~lVSIS FeR WATER, WASTEWATER. ETC. JLtlE 23. 1994 Harbor Branch Broward Envirodyne Precision V.O. c. VEHDæ Environmental Testing Inc. Environmental Analytical Laboratory Laboratory Laboratory Inc. TOTAL: 1 TO 5 SAI"PlES $ 1,696.50 $ 3,159.00 $ 3,573.00 $ 3,720.26 $ 4,280.00 FeR WATER TOTAL: 1 TO 5 SPl'PlES $ 1,696.50 $ 690.00 $ 3,573.00 $ 3,936.93 $ 4,280.00 FeR WASTE TOTAL: > 5 SPl'PlES $ 1,534.25 $ 3,159.00 $ 3,573.00 $ 3,720.26 $ 3,899.00 FeR WATER TOTAl: > 5 SPl'PLES $ 1,534.25 $ 690.00 $ 3,573.00 $ 3,936.93 $ 3,899.00 FeR WASTE HCR1Al H~l Y SPl'PLIHG RATE $ 35.00 $ 35.00 $ 30.00 $ 35.00 $ 45.00 PERHR.. WEEKEND HCJ.RL Y SPl'PLIHG RATE $ 65.00 $ 50.00 $ 45.00 $ 50.00 $ 100.00 PER HR. HOlIDAY HO..Rl Y SAl'PlIHG RATE $ 65.00 $ 50.00 $ 60.00 $ 50.00 $ 100.00 PER HR. ~ENTS/ Does not in- Ð<l:EPTIctlS c1ude Asbestos. If required, add $200.00 pI sample. This bid assumes that Group II i samples do not include Dioxin I and the samp1ee are taken & analyzed with Group I samplee. If separately, and include Dioxin by Method 513. price per sample $700.00 ~ , - . . TABULATI(Ji OF BIDS BID 194-62 SLf'PLEJ'IÐfTAl u:ø::RATæY ANALYSIS Fæ WATER. WASTEWATER. Ere. Jl.tIE 23. 1994 Toxikon Paul R. Spectrum Savannah VEHCCR Corporation McGinnes and Laboratories Laboratori'es & Assocaites Inc. Environmental TOTAL: 1 TO S SAl'PLES $ 4,365.00 $ 4,496.25 $ 4.581.10 $ 6,175.50 FOR WATER TOTAL: 1 TO 5 Slll'PLES $ 4,365.00 $ 4,496.25 $ 4,041. 95 $ 6,253.00 FOR WASTE ToTAL: > S SAl'PLES $ 4,365.00 $ 4,496.25 $ 4,535.35 $ 5,681.50 FOR WATER TOTAl: > S SAl'PLES . $ 4,365.00 $ 4,496.25 $ 4,016.45 $ 5,739.00 FOR WASTE ~L Ha..RLY SAl'PLIHG RATE $ 40.00 $ 40.00 $ 50.00 $ 35.00 PER HR. , WEEKÐÐ HO.R Y SAl'PLIHG RATE $ 60.00 $ 60.00 $ 75.00 $ 50.00 PERHR.. HOLIDAY Ha.RL Y SAl'PLIHG RATE $ 80.00 $ 60.00 $ 75.00 $ 65.00 PERHR.. CCH'IEHTS/ EXCEPTI(JiS - , · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # q. A· - MEETING OF JULY 19 , 1994 REPORT OF APPEALABLE LAND USE ITEMS DATE: JULY 15, 1994 Attached is the Report of Appealable Land Use Items for the period July 4 through July 15, 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. DATE: , 1994 , . '/< tl ! C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDE~CITY MANAGER --. ~ " (J\lVv' ~ THRU: D DOMINGUE , DIRECT DEPA~TM:g: OF P~NNING A D'\Z NING ~_..:.¿~~ ~- /?J ~ . / ri/ :2 FROM: JE F PER INS, ASSISTANT PLANNER SUBJECT: MEETING OF JULY 19, 1994 REPORT OF APPEALABLE LAND USE ITEMS JULY 5, 1994 THRU JULY 15, 1994 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of July 5, 1994, through July 15, 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: The Planning and Zoning Board did not meet in the period covered in this report. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JULY 13, 1994 1. Approved (7 to 0), with conditions, Elevations for the addition of hurricane shutters at Laver's Delray . . . city Commission Documentation 1994 Appealable Items - Meeting of July 19, Page 2 Racquet Club, located on the south side of Egret Circle, east of Lindell Boulevard. 2. Denied (7 to 0) a request for reconsideration of a condition of approval for The Groves of Delray, located on the east side of SW 10th Avenue, extended, north of Linton Boulevard. 3. Approved (7 to 0) a color change and change of elevations for the Sanderson Building, an existing commercial building, located at 636 E. Atlantic Avenue (south side of Atlantic Avenue, east of SE 6th Avenue) . 4. Approved (5 to 0) , with conditions, the Site Plan, Landscape Plan and Elevations for Sabal Lakes, Phase II, pool park, located at the northeast corner of Riverside Drive and Sabal Lakes Road. 5. Approved (7 to 0) , with conditions, the Site Plan, Landscape Plan, and Elevations associated with a Major Site Plan Modification for The Boys Farmer's Market, located on the east side of Military Trail, north of Atlantic Avenue. HISTORIC PRESERVATION BOARD MEETING OF JULY 6, 1994 x. Approved (4 to 0) a Certificate of Appropriateness for a re-roof of an existing single family residence (Smith residence) located at 14 NE 5th Street. Y. Approved (5 to 0) , with conditions, a Certificate of Appropriateness for a Site Plan and Landscape Plan associated with the conversion of an existing single family home and detached garage to office use for Reed Design Landscape, located at 353 N. Swinton Avenue (southeast corner of NE 4th Street and N. Swinton Avenue) . z. Approved (5 to 0) , with conditions, a Certificate of Appropriateness for the renovation of an existing single family residence (Fleming residence) located at 215 NE 1st Avenue. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map . . LOCATION MAP FOR CIlY COMMISSION MEETING OF JULY 19, 1994 L-30 CANAl -------.-.-.--.-----.--.-- i ¡ co .J G) Î ,.._._.__._. ! i I ! I.AJ(£ IDA ROAD i i ö f I l r'-'-'- "W251 . '----/"-.-., I I L___. ! , r-·--·... ¡ ~ SW2ST _J i ATLUTIC AVENUE ~¡ i ~ . r--·.i i . .. I i ! a a i i i å LOWSON IIOULEVAIID I I u 9 ,---. CD L._. ~ ð '" I ... -.---.-------------.-.--.--.------- L-;se CANAL S.P .R.A.B. : H.P.B.: CITY LIMITS -.---- 1. - L.,vER·S DElRAY RACQUET CLUB X. - SMITH RESIDENCE 2. - GROVES OF DEl.RAY Y. - REED DESIGN lANDSCAPE I WILE I 3. - SANDERSON BUILDING Z. - FLEMING RESIDENCE I 4. - SABAl LAKES. PHASE II SCAlf 5. - THE BOYS FARMER'S MARKET N - COY Of' DELRAY BEACH. F1. plNtN\NG DEPARnIEHT -- DIGITAL lMS'F MAP SI'STEJI -- , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ?f:.ITY MANAGER SUBJECT: AGENDA ITEM # C¡.B - MEETING OF JULY 19, 1994 SERVICE AUTHORIZATION NO. 3/DIGBY BRIDGES MARSH & ASSOCIATES DATE: JULY 15, 1994 This is before the Commission to approve Service Authorization No. 3 in the amount of $83,200.00 to Digby Bridges Marsh & Associates for the Tennis Center, Phase III. Phase III consists of providing approximately 5,200 seats to the existing center stadium, plus additional toilet and storage facilities. The lump sum fee for this work including preliminary design, design development, construction documents, bidding, and construc- tion administration is $83,200.00. All other expenses other than the printing services in a set-aside budget of $15,000.00 are the responsibility of the consultant. Funding is available in the General Construction Fund, Tennis Center Improvements (Account No. 334-4145-572-63.43) . Recommend approval of Service Authorization No. 3 in the amount of $83,200.00 to Digby Bridges Marsh & Associates, plus a not-to- exceed $15,000.00 for printing reimbursable. ~ l/-o )Joí£: ß¡¿Mi.f!6t L D<:;b'f J3~iD9ES) w/¡I USE- YÞ6 enqinE..bèll19 hE.. ~/.s /5 mo.:sr 4pp~p~'R-~ , · Agenda Item No. qß AGENDA REOUEST Date: July 13, 1994 Request to be placed on: X Regular Agenda -- -- Special Agenda Workshop Agenda When: July 13, 1994 Description of item (who, what, where, how much) : Staff reauest City Commission aDDrove Service Authorization No.3. to the Aareement dated Januarv 20. 1994. with Diabv Bridaes Marsh and Associates in the amount of $83.200.00 as a lumD sum. Plus, an additional $15.000.00. as a not to exceed. for reimbursable eXDenses, for the Delrav Beach Tennis Center, Phese 1/1 Droiect. The $15.000.00 reimbursable cost. will be for Drintina services reauired for Dermit. biddina and construction onlv. Most of these costs are eXDected to be recovered when we charae bidders for their documents. All other eXDenses are the resDonsibilitv of the consultant. and are included in the lumD sum. Fundina is available in the General Construction Fund. Tennis Center ImDrovements. Account Number 334-4145-572-63.43. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Service Authorization #3 to Diabv Bridaes Marsh and Associates in the lumD sum amount of $83.200.00. Dlus a not to exceed $15.000.00 for reimbursable eXDenses for the Delrav Beach Tennis Center. Phase III Droiect. Department head signature: ~/ Ctf I Determination of Consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) : Budget Director Review (required on all items involving expenditure of funds) : Funding available: ~NO (if applicable) Funding alternatives Account No. & Description 331.J- \.f-I ¥-~ ~7 2- h~ i.3 Account Balance YI/¡I s-Ç" ~"Ç:::L. ~ City Manager Review: ð~/NO t~/) Approved for agenda: Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \esd\9471\agreqsa3 ~í 14 p~~ ~vf2D Etð ~ IN~O~ ~u~ooò ~ C '"?>.rl ~ï "1",=, ~ . ~ Co>-1"""SSJo-rJ ~c. 711~/'7Y , ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: David T. Harden City Manager From: William H. Greenwood l,G~( Cfl Director of Environmental Services Date: July 13, 1994 Subject: Service Authorization #3 with Digby Bridges, Marsh & Associates for Delray Beach Tennis Center, Phase III. City Project No. 94-71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attached is a copy of Service Authorization #3 to the Agreement with Digby Bridges, Marsh and Associates, dated January 20, 1994, for professional services associated with the Delray Beach Tennis Center, Phase III project. Phase III consists of providing an additional ± 5,200 seats to the existing Center Stadium, plus additional toilet and storage requirements. The lump sum fee for this work, including preliminary design, design development, construction documents, bidding and construction administration is $83,200.00. All expenses other than the printing services identified below are the responsibility of the consultant. Additionally, we need a set aside budget of $15,000.00 for printing services required for the permit, bidding and construction sets. Most of the cost for these printing services will be recovered by charging the bidders for their bid sets. Funding for this project is available in the General Construction Fund, Tennis Center Improvements, Account # 334-4145-572-63.43. Staff recommends City Commission approval of Service Authorization #3 to Digby Bridges, Marsh and Associates in the amount of $83,200.00, plus a not to exceed $15,000.00 for printing reimbursable. cc: José Aguila File: 94-71 CD)· \ESD\9471\sa3memo . DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. CONSULTING SERVICE AUTHORIZATION DATE: July 13, 1994 SERVICE AUTHORIZATION NO. 3 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 334-4145-572-63.43 PROJECT NO. 94-71 (CITY) 9214 Digby Bridges, Marsh & Associates, P.A. TITLE: CITY OF DELRAY BEACH TENNIS STADIUM EXPANSION This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreements dated January 20, 1994, between the City of Delray Beach and Digby Bridges, Marsh & Associates, P.A. L PROJECT DESCRIPTION Preparation of site plans, construction documents, obtaining related approvals, assistance in bidding, and construction administration services for the design and construction of an additional ± 5,200 seats (to total 8,200 seats for the entire stadium) to the existing stadium with the required toilet facili t"ies, and storage facilities for the Junior Tennis program and Lidden International. II. SCOPE OF SERVICES A. The services the consultant shall provide, shall include all planning, design, construction administration and coordination services necessary for the construction of the Delray Beach Phase III Tennis Stadium Expansion. B. Architect to provide survey of the existing stadium and the surrounding areas, where the expanded stadium is to be constructed. The survey is to include the location of all underground utilities, and essential typographic elevations. C. The services to be provided shall include the following phases as listed in the Agreement for Architectural Services: Phase I - Schematic Design Phase Phase II - Design Development Phase Phase III - Construction Document Phase Phase IV - Bidding/Negotiation Phase Phase V - Construction Contract Administration Phase Phase VI - Resident Project Representative (RPR) Service Phase. Not included at this time. . , D. In addition to the work outlined in the phases the following shall also apply: 1. In addition to the components listed in Phases I through V the architect shall be responsible for preparation of landscaping plans for the adjustment of the existing landscaping, irrigation plans, civil engineering for the adjustment of the existing site drainage and paving, plumbing engineering, fire protection plans, electrical engineering. 2. The Architect shall include the design of a City Information Notice Board including, Tennis Center identification, Tennis Center activities, and city activities to be sited on the southeast corner of the Tennis Center. 3. Final construction documents shall be completed on Auto Cadd Version 12. 4. The consultant (and contractor when construction begins) shall attend weekly progress meetings at the City to monitor the status of design and/or construction and coordinate acti vi ties. Meetings shall be held on Tuesday at 2:00 p.m. The meetings shall commence on , 1994 and shall continue each Tuesday until project is completed. This schedule shall be adhered to unless altered by the City. 5. Consultant shall provide all services necessary to obtain approvals required, which may include, but not necessarily be limited to the following: Florida Department of Health and Rehabilitative Services South Florida Water Management District Palm Beach County Department of Environmental Resource Management Lake Worth Drainage District City of Delray Beach site Plan Review and Appearance Board city of De1ray Beach Department of Environmental Services City of De1ray Beach Building Department City of Delray Beach City commission The consultant shall furnish all materials and make presentations to these governing bodies as required to obtain all necessary approvals. . , 6. Consul tant shall coordinate and provide for all utility services and relocations as required. utility coordination and services may include: Electric power Telephone Cable TV/multi media Water (including raw water mains & wells) Sewer City shall pay costs to relocated utilities. E. Soil testing shall be provided by the Consultant (up to four standard penetration tests.) In the event of poor soil conditions the City will pay for additional soil testing, reports and recommendations when authorized by the City Manager. III. BUDGET Compensation for the services shall be as follows: A. Method I - Lump Sum: Phase I $ 8,320.00 Phase II $ 8,320.00 Phase III $ 4,992.00 Phase IV $44,928.00 Phase V $16,640.00 $83,200.00 B. Method II time charges/not to exceed budgeted amount (See VII A.2 of Agreement). 1. All expenses associated with the preparation and reproduction of drawings and specifications for the development of plans and contract documents shall be at the consultant's expense. The city shall pay reimbursable expenses for plan review, permitting application cost, bidding and printing cost associated with plan review sets, permitting sets, bid sets, and construction documents sets. Reimbursable expenses shall not exceed $15,000.00 as per paragraph VII. 2 . b of the standard agreement. These reimbursable expenses include consultants travel cost. IV. COMPLETION DATE A. It is the purpose and intent of the City to have the Tennis Stadium Expansion Phase III complete and in operation by February 15, 1995. The completion date for the plans, contract documents and permit applications is . Time is of the essence for the completion.of architectural and construction portions of the project. , This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the city in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the city may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the city to be included as part of the contract without a further notice to proceed. Approved by: DIGBY BRIDGES, MARSH & ASSOC., CITY OF DELRAY BEACH: P.A. Date Date By: Thomas E. Lynch Mayor Title: ( Seal) £~ w1tnes ~ Attest: BEFORE ME, the foregoing instrumen~his \~~ day of ~ ~ \", , 199~was ackn~l~dged by ~\e..e:.-\ .~\~~c:.;. Approved as to Lega 1 on behalf of the Corporation Sufficiency and Form and said person executed the same free and voluntarily for the purpose there-in expressed. . Witness my hand and seal in the County and State aforesai~s \ '1:.'\'1-.. day of ~ , 1994. :. Î"'- T Notary Public ~~~~.. State of Florida My Commission Expires: NOTARY PUBLIC, STATE OF FLORIDA. "... MY COMMISSION EXPIRES: Dec. 19, 1994. BONDED THRU NOTARY PUBLIC l1NDERWRITERIJ,¡ . , THE CITY OF DELRA Y BEACH TENNIS CENTER - PHASE III The Architect will supply the following services for Phase III of the above referenced project. Architect will provide sketch design, and meet with the following before preparing final design/development plan. (A) On the 26th of July accompany Jerry Sansone, Chief Building Officer, to Tampa for hearing on Handicap Seating Variance. Plans and completed forms have been submitted to Tallahassee. Architect will prior to the hearing, arrange meeting with the following: Liddun, the Virginia Slims promoter, Stage performance promoters, City Staff, All Architect consultants, and Stadium consultant. After the outcome of the hearing is known and the other meetings have been held, Architect to prepare design development plan for approval of all parties, including the City Commission. (B) Architect to prepare contract documents for the stadium addition of + 5,200 seats, (handicap to be incorporated if variance is not obtained), extra toilet facilities, storage building for Virginia Slims, and Junior program. Power outlets under stadium, for concession stands, and all other electrical requirements deemed necessary. Fire sprinkling under east stands, stage design, landscaping and irrigation adjustments. All site paving and drainage adjustment. Architect to supply all written specifications and budget estimate at various stages. (C) Architect will assist in the bidding process and selection of General Contractor. (D) Architect will visit the site regularly to ensure that the project is built according to plans and specifications and will assist in the timely completion of the project. Architect to review all shop drawings. Architect to supply specifications and cost updates with the design development plans. Architect will attend all necessary meetings. $45,500.00 . , Listed below are all the consultants to be working on the project and a description of their responsibilities and fees: Carmo Engineering - Structural Engineering - To provide all structural engineering in connection with the stands footings, new toilets, and storage rooms. $ 6,000.00 Keshavarz & Associates, Inc. - Civil Engineer Preliminary Engineering Design - To prepare base map for site engineering. Combine Architect's site plan with existing survey data and asbuilt information. - Research files and refamiliarize with calculations and Regulatory Agency requirements for site drainage and utilities. - Prepare conceptual layout of site grading, drainage and utilities - Assist in preliminary cost estimating as required - Attend meetings as required Prepare Final Construction Drawings - To prepare final design drawings for site grading, drainage and utilities - Obtain permits/approvals as required for above a) SFWMD b) LWDD c) PBC HRS - Attend meetings as required Specifications and Bidding Phase - Prepare appropriate specifications as required for site engineering - Answer bidder questions including issuing clarifications Construction Phase - Perform periodic inspections, review shop drawings, prepare as builts and provide final certifications of drainage, water and sewer - Attend meetings as required . $10,200.00 , Survey: Keshavarz & Associates. Inc. Provide a survey indicating the existing stadium and the surrounding areas where the expanded stadium is to be constructed. The survey is to include essential topographic elevations, and the following: Locate all the following underground utilities: Electrical: (a) Supply from Electrical Vault to Clubhouse (b) Supply from Electrical Vault to panel for tent AIC on south west comer of court; NO. (c) Supply to power pedestal (d) Supply to panel for stage lighting Sewer: (a) Sewer line and invert level from the clubhouse through the plaza to the north (b) Sewer line and invert levels of sewer along 3rd Ave from South to north. (c) Invert level and exit point from building of sewer line from existing toilets Large Raw Water Line: (a) Location and invert level, the large 10" raw water line, running north from the clubhouse through the central plaza Fire Line: (a) 4" fire line and invert level, from back flow preventor to storage room in south of stadium. Site Drainage underground pipes exfiltration trenches: (a) All underground drainage structures in central plaza (b) Large under ground drain pipe on west side of stadium court under stadium (c) Line of water supply to courts 13 and 14 Site Elevations: Check typographical elevations of stadium court, surrounding walkways and central plaza and place on survey . $ 3,000.00 , Teele and Associates - Mechanical Engineer Contract documents for the following disciplines: - Plumbing - Electrical/Emergency Generator Calculations/Lighting - Ventilation - Fire Protection - Shop drawing review - Site coordination - Site visit during construction $11,500.00 A. Grant Thornbrou~h & Associates - Landscape Architects - Adjustment to existing landscaping - Adjustment to existing irrigation - Hardscape plan for under side of east stand $ 4,000.00 Sta~e Consultant/Show Consultant - To assist the architect in siting of stage and design $ 3,000.00 SUMMARY OF FEE: Architect, Specification Writer, and Cost Engineer $45,500.00 Structural Engineer $ 6,000.00 Survey $ 3,000.00 Civil Engineer $10,200.00 Mechanical Engineer $11,500.00 Landscape Architect $ 4,000.00 Stage Consultant $ 3.000.00 TOTAL FEE: J83.2oo.oo . , I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: µßfITY MANAGER SUBJECT: AGENDA ITEM # C¡·C· - MEETING OF JULY 19, 1994 CHANGE ORDER NO. l/MOLLOY BROTHERS. INC. DATE: JULY 15, 1994 This is before the Commission to consider Change Order No. 1 in the additional amount of $16,945.00, and ten day extension to the contract with Molloy Brothers, Inc. This Change Order is for construction of the alley in Block 12, in conjunction with the Street Reconstruction and Utility Improve- ments (Northwest/Northeast) project. Representatives of the 600 Block Merchants Association came before the Commission on February 15, 1994, and requested this work. The Police Department supports this request as the alley will aid them in patrolling the area. Recommend approval of Change Order No. 1 to Molloy Brothers, Inc. Funding is available from Decade of Excellence Phase I - CBD Alleyway Reconstruction Phase II (Account No. 225-3162-541-61.47) and Decade of Excellence Phase II, CBD Alleyway Reconstruction Phase II (Account No. 228-3162-541-61.47) . ~ tI-o I Agenda Item No.: c¡c, AGENDA REOUEST Date: July 12, 1994 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: July 19, 1994 Description of item (who, what, where, how much) : Staff requests City Commission to approve change Order #1 to Molloy Brothers, Inc. for the Street Reconstruction and utility Improvements (Northwest, Northeast) project (92-06). Change Order #1 is for the construction of Alley Block 12 pavement construction. Work includes clearing and grubbing, earthwork, paving, concrete curbs, concrete inlet apron and sodding. Change Order #1 is for a net add amount of $16,945.00 and a extension of ten (10) calendar days to the contract time. Funding Sources are: 225-3162-541-61.47 for $3,823.47;and 228-3162-541-61.47 for $13,121.53. ORDINANCE/RESOLUTION REQUIRED: YE~RAFT ATTACHED YEE) Recommendation: Staff Recommends approval of Change Order #1. b Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~ired on all items involving expenditure of funds): Funding available: Y /NO Funding alternatives (if applicable) Account No. & DescriptionZ2S-01b2-S4J .bl-47.m::- L &J3ÞAUE'IVVAY e(2~STf}j" Account Balance ~.~. 47 ~ ' - 2-1i5-3ff.??- .(p 1-4-7 ~Jl.. \~ (f City Manager Review: 3S ("]..0 .._ r Approved for agenda: ~NO . . / Hold Until: tì'-1 Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen646.doc · Memorandum To: David T. Harden, City Manager , From: william H. Greenwood, Director of Environmental~~ Services if Date: July 13, 1994 Re: Change Order No. 1 - Reconstruction and utility Improvements (Northwest/Northeast) - Project 92-06 Attached is an agenda request for Change Order #1 to the contract with Molloy Brothers, Inc. , for the construction of the Alley in Block 12 (see attached location map), in conjunction with the above referenced project. The merchants in the area have requested the Alley in Block 12 be constructed as soon as possible to aid the Police Department in patrolling this area. Change Order #1 is in the net add amount of $16,945 and extends the contract completion date by ten (10) days. The scope of work includes clearing and grubbing, earthwork, paving, concrete curbs, concrete inlet aprons and sOdding. Prices have been reviewed and are representative of unit prices already existing in the original contract. The engineers estimate for this Project was $17,500. Funding is available from Account Nos. 225-3162-541-61.47 ($3,823.47) and 228-3162-541-61.47 ($13,121.53). File: Memo to City Manager 92-06D A:mem09206 . -'--------------------,------ --- { // // ,!f -,,:;::::: :;'::':::::::::::':.== :: :.:::::iMi..Ù<ii.i'::::", _ . ( / r'" " , I" ......,..~.,. '.', 1.1 I .................,... I ".... jl, '-'.. '. , -, ." , 'L . ! ~m .... ...... ·······ri=,~r· [T'"Ii : "'1""" "11 -----' . ~·-¡O.Jfölt!>r..!s' . . '. I I r~·L _·....!'~J··...~'II ð-..··;( "'-'1< . : : I 'I' i i I I ~ t ¡ '. T' . . . \K~~.II : : r Iii I ,. I.J J JJ ¡ . fll' fl' r" ....... ... "1'I'I,rl ["rr:[ r'~! ..,~ PROJECT \ ~ I 'rl , I I 'I .. \ ~ ,I l. " \.1" I:¡ I . .. " .. . I ..... h.. . . ! ... . '. .. J! .. .. ì. I . I SITE : \ lI'il"1!1¡:q·Yi·l:rli·mHr~~TT!IT -,' "1"1 r: I I ~ 'l" ~ , , I ~ ''d :I:'lj I.m n . m' it ~.L. n: mlm m im I . " ... . ····1 ¡' 'ffJ I~'I [" ,. ~r . .... \'11'""\''' ,... '!--I ' . : ' , "I· :: i . . : \~ . : ,I! . I ' \ ~. ¡" L ..,,·1Il··f!··~: ,.' I.' "II I 1 I I I I, 'I ,. I'· ,I ,I \.. ....I.) .... -'~'-~'í ." /....". '~"i ' r~-""'~j c····'!'·-·! ...<....! [' ..._..J I·......: [I~.._".:¡ c·,o:.01i.. ..J ......: .......11........, .J... .... ....... ....... ..... AII.AN/IC AVL ,.... .... . /' : 'Î r' 1 .!... : 1 .... . '11'" , ¡I'" -; T .. "', . . , J . _ . I J . , . ~ ,'.' I I I ,( I, I ,.m " II : . m'ì ' ': II [ I, ,I (. I ! , i ¡ ~ . I', I / . i ~. I t 1'; I I, \ : LJ L . I. .1.1..1 . , I . ·111.1.1,1 .' I ..1 LOCATION MAP , · CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 92-06 DATE: PROJECT TITLE: Street Reconstruction and Utility Improvements (Northwest, Northeast) TO CONTRACTOR: Molloy Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct pavement in Alley Block 12 per plan sheet 1 of 1 by CDB Environmental Services Department titled "Alley Block 12 Pavement Construction - Project 94-70" and dated June, 1994. Work includes clearing and grubbing, earthwork, paving, concrete curbs, concrete inlet apron and sodding. Work to be constructed in accordance with unit prices per attached schedule "A" at the actual installed measured quantities. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,025,935.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,025,935.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 16,945.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,042,880.00 PER CENT INCREASE THIS CHANGE ORDER 1.6 % - - TOTAL PER CENT INCREASE TO DATE 1.6 % - - CONTRACT COMPLETION DATE IS EXTENDED TEN (10) CALENDAR DAYS FOR THIS WORK CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate for Molloy Brothers, Inc. TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 225-3162-541-61.47 for $3,823.47;and 228-3162-541-61.47 for $13,121.53 DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk , Street Reconstruction and Utility Improvements Northwest, Northeast Project No. 92-06 Change Order #1 Alley Block 12 Pavement Construction (Project 94-70) per plan sheet 1 of 1 dated June 1994 Schedule "A" Contract Item Description +1- C.O. Unit Total Item No. #1 Qty Price -------------------------------------------------------------------------------------------------- 1 Mobil ization 1 ls $900.00 $900.00 2 Clearing and Grubbing 1 ls $1.500.00 $1,500.00 3 12" Compacted Subgrade (95% AASHTO T-1BO) 530 sy $3.00 $1,590.00 4 B" limerock Base 450 sy $7.50 $3.375.00 5 1 1/2" Type 5-111 Asp/1al t 450 sy $6.00 $2,700.00 6 1" Type 5-111 Overlay 110 sy $4.00 $440.00 7 Miami 1 Valley Gutter Curb 365 lf $16.00 $5,840.00 B Concrete Apron 1 ea $300.00 $300.00 9 Furnish and Install Sod 200 sy $1.50 $300.00 --------------- Amount of Change Order #1 $16,945.00 Original Contract Amount $1,025,935.00 .-------------- Revised Contract Amount thru Change Order #1 $1,042,880.00 --------------- --------------- > . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER('Jil SUBJECT: AGENDA ITEM # q , D· - MEETING OF JULY 19, 1994 CHANGE ORDER NO. l/ALL-RITE PAVING CONTRACTORS, INC. DATE: JULY 15, 1994 This is before the Commission to consider Change Order No. 1 in the additional amount of $49,200.00 to All-Rite Paving Contrac- tors, Inc. in conjunction with the S.W. 10th Street Road Widening Phase I. This change order is for the construction of 592 linear feet of additional 60" R.C.P. storm drainage and a 7' by 7' drainage structure. The installation of the storm drainage at this time will elimin- ate the future need to reconstruct 350 feet of proposed pavement in the southernmost transition lane on S.W. lOth Street. The addition of this Change Order will bring the contract total to $492,274.50 which is under the $500,000.00 budget originally proposed for this segment of the road. Schedule "A" attached to Change Order No. 1 reflects the items to be constructed and the respective unit prices. Also included in the change order is an increase in the contract time of fourteen calendar days. Recommend approval of Change Order No. 1 to All-Rite Paving Contractors, Inc. in the amount of $49,200.00, with funding from Decade of Excellence Phase II - S.W. lOth Street (Account No. 228-3162-541-61.90) , and contract extension of fourteen days. ~ .L/ --0 . I Agenda Item No.: 9D AGEHDA REOUEST Date: July 12, 1994 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: July 19, 1994 Description of item (who, what, where, how much): Staff requests City Commission to approve add Change Order #1 to All-Rite Paving Contractors, Inc. for the S.W. 10th Street Road Widening - Phase I (91-68) in the amount of $49,200.00. change Order #1 is for 592 If of additional 60" RCP storm drainage and and 1 ea Type "J" Inlet. The installation of thfi storm drainage at this time will eliminate the future need to reconstruct 350~bf proposed pavement in the southern most transition ~ lane on S.W. 10th St. The addition of this Change Order will bring the contract total to $492,274.50 which is under the $500,000.00 budget originally proposed for this segment of s.w. 10~h A.c. th'ê.. ~oA-O . Schedule "A" attached to Change Order #1 reflects the items to be constructed and the respective unit prices. Also included in the Change Order is an increase in the Contract Time of fourteen (14) calendar days. Funding Source is the Decade of Excellence 228-3162-541-61.90 for $49,200.00. ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YE~ Recommendation:Staff Recommends approval of Change Order #1 Department Head 4///1£-P~ 7/(3/q'f t~ signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~ired on all items involving expenditure of funds): Funding available: E VNO Funding alternatives (if applicable) Account No. & Descriptionn8--3lh2--54I.(P{-'10 l"XJE;§. ·-SVV f~9f. Account Balance f J :?bqI5/~ city Manager Review: &NO t;J~/( Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9202.doc DEPARTMENT OF ENVIRONMENTAL SERVICES I MEMORANDUM TO: David T. Harden city Manager ~ FROM: William H. Greenwood Itl~ Dir. of Environmental Services DATE: July 12, 1994 SUBJECT: S.W. 10TH STREET ROAD WIDENING - PHASE I PROJECT NO. 91-68 (S.W. 8TH AVE. TO S. SWINTON AVE.) Attached is an agenda request for the regular Commission meeting on July 19, 1994, requesting change order #1 for the referenced project to All-Rite Paving, Inc. The change order amount is $49,200.00. The change order consists of constructing 592 feet of 60" R.C.P. and a 7' X 7' drainage structure. Constructing this additional footage of the storm water trunk line will eliminate the future need to reconstruct 350' of proposed pavement in the southern most transition lane on S . W . 10th street. This additional work will bring the contract total to $492,274.50, which is still under the estimate of $500,000.00. Also, the construction of the additional storm drainage pipe will complete the connection of all proposed drainage structures within this project. The construction of this drainage pipe was omitted in the original plans, because we felt this pipe would exceed our budget amount. The bids came in $57,000 below estimate and installing the pipe at this time will eliminate the need to tear up the roadway in the future, when master storm drainage trunk lines are installed. Also attached are calculations which support the use of a 60" R.C.P. storm drainage trunk line, west of the F.E.C. Railroad. The funding source for this change order is from Decade of Excellence account no. 228-3162-541-61.90. WHG:KB:mm cc: Ralph E. Hayden, P.E. , City Engineer File: Memos to City Manager Project No. 91-68 (D) WG168708.MRM . . S.W. 10TH STREET ROAD WIDENING - PHASE I Stormwater Management Discharge Calculations · Discharge is based on the peak flow of a 3 year, 24 hour rainfall = 6.5" · Area for design is Basin 40 = 300 ACRES (see Exhibit J-4 of Storrnwater Master Plan) · Tbe area is assumed to be 35% Impervious with Ground Storage of8.18" · (Composite Storage) = 8.18" (1-.35) = 5.32" · (Time of Concentration) = 2 Hours Tbe following table has been developed based on the modified Santa Barbara Urban Hydrograph Method approved by SFWMD. -- -- ... ....- .. .......... -- Runoff Time Rainfall Rainfall Runoff Instant Runoff Hydrograph (Hours) Ratio (Inches) (Inches) (efs) (efs) T P/P24 P R I Q 0 0.000 0.000 0 0 0 1 0.010 0.065 0 0 0 2 0.020 0.130 0 0 0 3 0.032 0.208 0 0 0 4 0.045 0.293 0 0 0 5 0.062 0.403 0 0 0 6 0.083 0.540 0 0 0 7 0.108 0.702 0 0 0 8 0.137 0.891 0 0 0 9 0.171 1.112 0 0 0 10 0.213 1.385 0.019 6 1 11 0.269 1.749 0.079 18 5 12 0.656 4.264 1.204 338 74 13 0.767 4.986 1.667 139 14 0.818 5.317 1.892 68 125 15 0.850 5.525 2.037 44 97 16 0.880 5.720 2.176 42 75 17 0.898 5.837 2.260 25 59 18 0.916 5.954 2.345 25 45 19 0.934 6.071 2.431 26 37 20 0.952 6.188 2.517 26 33 21 0.964 6.266 2.575 17 28 22 0.976 6.344 2.633 17 24 23 0.988 6.422 2.692 18 21 24 1.000 6.500 2.750 18 20 -_. ................... ............. ........-...... --................... -......... ................-........ ................. - ........ ........................................... ... .................................. ....-.... Peak Discharge based on above calculations = 140 efs Velocity = 1.486 R2/3 S1/2 = 1.486 (1.16) (0.055) = 8 fils C 0.012 Discharge Available for a 60" Reinforced Concrete Pipe = v * A = 8 * 19.6 = 157 efs > 140 efs OK , CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 91-68 DATE: PROJECT TITLE: S.W. 10th Street Road Widening - Phase I TO CONTRACTOR: All-Rite Paving Contractors, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: The scope of work is per attached Schedule "A". The work includes constructing additional 60" RCP storm drain piping between structure S-2 and S-4 on S.W. 10th Street. Also included is an additional Type "J" drainage structure. The work is represented per plan revisions 1 and 2 that are dated 6/30/94. Payment will be made at the respective unit prices for actual field measured quantities. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 443,074.50 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 443,074.50 COST OF CONSTRUCTION CHANGES THIS ORDER $ 49,200.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 492,274.50 PER CENT INCREASE THIS CHANGE ORDER 11 % TOTAL PER CENT INCREASE TO DATE 11 % INCREASE IN TIME THIS CHANGE IS FOURTEEN CALENDAR DAYS TO THE CONTRACT TIME CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable. for All-Rite Paving Contractors, Inc. (SEAL) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Env Serv Dept: Decade of Excellence 228-3162-541-61.90 $ 49.200.00 DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk , S.W. 10th Street Road Widening - Phase I Project No. 91-68 Change Order #1 Construct additional 60" RCP between structure S-2 and S-4 on S.W. 10th St.;furnish and install additional Type "J" Structure w/Type "C" Inlet Schedule "A" Contract Item Description +/- C.O. Unit Total Item No. #1 Qty Price ~------------------------------------------------------------------------------------------------- 48 Furnish and Install Type "J" Structure w/Type "C" Inlet 1 ea 54,800.00 54,800.00 53 Furnish and install 48" RCP 592 lf $75.00 544,400.00 ------...-------- Amount of Change Order #1 549,200.00 Original Contract Amount 5443.074.50 -..-.....---------- Revised Contract Amount thru Change Order #1 5492,274.50 --------------- --------------- , .. ~J.^ I" -. ; l ' I ~ ~~-'"-- , ¡Ie ' (J: r'~~-¡ J-~_J .I~rl ! õ ..¡:... ';:.:' ~,.__~ '~,J T ¿~:~ I__~"'" :Ii ' , . I t I I~ I I · '" I i I I I i I I · J I Ii ' _, II' ~ .____ II! '" () a \ _._._._._. -11: . ' I S.W -c ._._._. I \ . Co ~ " '""t _ ._ Ii lØ137'Ot'å- ::iiã.M'~'~ "-- - ~ - '--> -:-. I - - - ~ '. -.-i¡,--- ' -\ G\ ~ <:~¡ . ~,--i- -0 ~.... . --- . MANGO DRIVE i ~ ....""'.:>'-.- ~~ f: ~~ <:: Iii' 1--' :-o~ ("\ ~ . (\ I I I! (!) -1 r-?-" "'1'"- . (./'J II !Ð ",:¡; 'T' V Q:¡'- rr¡ -0 I ~ ø::r: I g 'rr1 ~ Cf,- " .þo- ç" '-' ~ ... ~ (jJ v' S;' "- '-~ '-... ¡::; ... ! - . ' - \ ' I ¡ I I - ." VJ 0 0 c Õ ; '"~'; '- h ::r: \ "- r1 :::0 Z D , ::9 "" , z - fT1 l/J ....) - !? ~ - .... :0 ----- - µJ .,,; \ (\ C) r':Y Go ~.( ¿" ~_//- Ç\ "þ -;. ;uO -\.... . ~~::-' ~.." ~ ~ <.. .". ø:t r\ ~~, ¡-r¡M '""''' '-:--.. V " t~ l VJ ("1-; G;~ -... --I~ (:; .." - , -'- -.- . - . {I( (,1- \ [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line DELRA Y BEACH (407) 243-7091 f LOll. I () A b:ftd AII·America City l' III!DATE: MEMORANDUM July 8, 1994 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Termination of Lease Agreement for the Catherine Stronq Center The City's Lease of the Catherine Strong Center to the County is for a one year period, with automatic one year renewals for six years, unless sixty days written notice of cancellation is given prior to the end of the lease term (which expires on September 30th of each year). The current lease commenced on October I, 1992. To comport with the lease requirements, it is necessary that we give notice of termination to the County by July 29, 1994. Ed Rich, who is responsible for the Head Start Program, has provided the attached letter indicating that the School Board intends to move the Head Start Program to the old Carver Middle School site. It is anticipated by Mr. Rich that the transfer will occur in August, freeing up the center for lease by the Boys and Girls Club of Palm Beach County, Inc. if the Commission so desires. In addition, under our Land Use Agreement with Palm Beach County, we must obtain the consent of the County to sublet the premises governed by the land lease agreement. We, therefore, seek authorization to send the necessary notices to terminate the lease of the Catherine Strong Center and for the purposes of obtaining the consent of the County to sublet the property to the Boys and Girls Clubs of Palm Beach County, Inc. Our office will be bringing to you shortly, a lease of the Catherine Strong Center building and sub-lease to the remaining Catherine Strong Property to the Boys and Girls Clubs of Palm Beach County, Inc. for your consideration and approval. ® Printed on Recycled Paper q.E- 'f · - City Commission July 8, 1994 Page 2 By copy of this memorandum to the City Manager, our office requests that this matter be placed on the July 19, 1994 City Commission agenda for approval. Attachment cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Joe Weldon, Director of Parks and Recreation Lula Butler, Director of Community Improvement Sharon Morgan, City Clerk's Office 'f FROM:DEPT COMMUNITY sues Bee to: 407 2'78 4755 JUL é. 1994 1:4~I-'M :¡'(';s1 1-'.1ð1 . THE SCHOOl HOAHD DR, C. MONICA UHLHORN or PAl M BEACU COUNTY, HOHIDA SlIPCRINTENDENI or SCllOOl S JOliN L, HOYLE. CD, IJ, ".-.--'., ASSI~ I ANT SUPCRIN'I I:-NI>I:-NT SPfC/AI POOGAAMS 3314 FOR[$1 HILL BOULCVARr> WeSl "'Al M BEAG", FI :i:I{)('"5813 (407) 434,fl35? FIX , July 1, 1994 Or. Warrc-m 'l'é:llou] l\ssj rd"Mll Dirr:r:\.OJ' D(~pa:I'll1\ent nf CtlltlInunj I.y S~r'viC":i::;; 810 Datura Str~at Sulie ?O:j Wi!:; l Palm n(~ilCh, n. ::n101 L.ki')r Dr:. 'l'¡:¡toul : It, .in l}¡1:\ int:r:nt of the ~(:h(1(J1 Dir;tr.icl of P;;lfm Í"Ieëwh County It) move-: t.IH': K¿J LlIt'VI! ~t. ronq Head SUul program to t.h~ Old Carver M1ddl~ School s.il t . lIut.i 1 the Sc:hnnl [JÜtd r:t. ¡'l<:H> bcccl'i\e öI L.k] ~g,lt.(! Aqency for Héèld ~;t..lrt., tlle K.1t.ht'yn ~;trong employc-:(::;; will ¡.¡(! lludf:r your ;;IL¡~piccfJ . ~hf.H1 the ~ic:hon 1 PistrÜ;1, becomc:; , Df::11c:g'J1.c: A',ency tn!" Head Star'\.. <lnd the eon 1 t":II.: l ~ ¡'.Inn budq(:t.fJ ¡'Jil Vf::1 br:r:n I;\stabl.ir.hod, the K.11.hryu ~ìtrnn9 i nSlruct:i onill ~tatt "¡.ill hllvc LbtJ c¡ppnn unil y to beC:I)Jtle Pi')lrn I-Ieë.wh Count y S,-~hoo.l OlSlrict ~mp)(Jyccn. All ~li>ff will be requirf::1d to c:1L\ëu' pr.:n:::onnel th)'o\l\}h lIlt:' 'd.i f.1td c:l, (:(HnpleLe i'ì bC:lc:kqI'(mnd c:hec:k, i11ìeJ pCl~S a phy.sj(:éll and eJn..JÇJ L~st. T ,E!;;I(i leachc:r::; must h,)v~ a Clod ld Lkvi: ) nplllf:!1l L l\. S !ì () í: i ,11., 1;1 crcdi:nt. '¡ ¿¡ ,1 êtrl d in:;trUClion¡¡.l i"I,i df::1~: mlJ [; t hel vc: 1,h~J 30, Hour Tnl n.>duc,tory Chlld Ciu"c-: 'T'r¿I.iIliu9 Cr:t't.ifìcêldon. \I)e lonl< fC)I'Ward to li1èf::1ling tho Kathryn S1.I't1W~ sti')tf MId lo em r UPC:lIIllirI9 arò:1OC::'; Oil ion \Vi t 11 Head SI,t,'¡ I"l . Dr , h le: 1\r. '(sLl:lnt :,up01'illlI:\Iidcnt It I '. · . [I( ~.~ Ih.o 0mJøw& (Jl) ófJ ,:$ a~1 600. 00 ~'.æt & . . [ITY DF DELIAY BEA[H~ ~. Cüd ~~0lE I ¿!7ltM¡ðl bý~ 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 LOll I D A b'.ftd MEMORANDUM AII·America City 1 ~ II t!DATE: July 8, 1994 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Roy Simon Claim Per Commission direction, our office has continued to negotiate with Mr. Simon in an attempt to resolve his claim against the City. As you may recall, Mr. Simon's initial demand was for $80,000.00. The Commission rejected the offer and counter-offered in the amount of $3,347.00. Mr. Simon subsequently offered to settle for $50,000.00. The City Commission rejected the offer. Our office proposed a settlement figure of $9,283.45 for termination monies due at the Lake Ida site. Mr. Simon, as a result of recent negotiations by letter dated June 30, 1994, proposed a settlement offer in the amount of $46,034.68. Upon receipt of the letter, I contacted Mr. Simon's attorney, who indicated that Mr. Simon would accept $25,000.00 to settle the claim. Mr. Simon's attorney authorized me to put before you the verbal offer to settle in the amount of $25,000.00 Our office has reviewed the claim and numbers contained therein, as presented in the June 30, 1994 memorandum, and could not support settlement utilizing increased cost of construction at the Lake Ida site for "demucking". However, our office could support, for the purposes of settlement only, the claim of an additional $3,786.24 for termination expenses at the golf course site. In addition, our office could recommend payment of $9,283.45 as outlined in our May 19, 1994 letter to the Commission for termination expenses pursuant to the contract for the Lake Ida site. The Lake Ida site and municipal golf course site termination clauses would require, therefore, a payment of $13,069.69. In the event of arbitration, interest would also be assessed. At this time, factoring in interest, our office could recommend a total settlement in the amount of $20,000.00 contingent upon appropriate releases as it relates to the Lake Ida site, the ® Printed on Recycled Paper Crr , City Commission July 8, 1994 Page 2 golf course site, and the current tennis facility site. This recommendation is for settlement purpose only and to avoid the cost and risk of arbitration. By copy of this memorandum to David Harden, City Manager, our office requests that this settlement offer be placed on the City Commission July 19, 1994 agenda for consideration. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Lee Graham, Risk Manager David Schmidt, Esq. . SìC . ............. .. [ITY DF DELIAY BEA£H ~, . ~". .-.~:.~~ . '-"-. ,,' CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 ; FACSIMILE 407/278-4755 Writer's Direct Line . (407) 243-7091 MEMORANDUM DATE: May 19, 1994 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Roy Simon Claim - Settlement Offer As you may recall, Mr. Simon made an original demand of settlement regarding the contract to provide tennis facilities at Lake Ida Park in the amount of $80,000. The City Commission rejected the offer and counteroffered in the amount of $3,347.00 at its November 9, 1993 City Commission meeting. This counteroffer was rejected by Mr. Simon by way of a November 30, 1993 memorandum. Mr. Harden and I met with Mr. Simon and his attorney in January of 1994 to determine more adequately the derivation of the $80,000 claim. Our office received the attached letter from Mr. Simon which itemizes the bases of Mr. Simon's claim. Mr. Simon has also indicated that he would accept a total sum of $50,000 in settlement instead of the $80,000 original demand. Our office derived the original $3,447 counteroffer number based on a five percent (5%) termination fee of the amount of money paid to Mr. Simon by the City. The City's financial records indicated that Mr. Simon was paid $68,943.42. Five percent (5%) of that number resulted in the $3,447.00 offer from the City. Since our meeting with Mr. Simon, our office has reviewed the $80,000.00 offer and the basis, therefore, in conjunction with his contract with the City for architectural services for the tennis center at Lake Ida Park. (The contract between Mr. Simon and the City was formally terminated by the City Commission on July 28, 1992. The contract provided a fee of eight percent (8%) of the construction cost as defined in Article V of the contract. Article V defines construction cost to be the total cost or estimated cost to the owner of all elements of the project ~ designed or specified by the architect. Construction costs does not include the compensation of the architect and architect's consultants, the cost of land, rights-of-way, financing or other costs which are the responsibility of the ~ Printed on Recycled Paper I . city Commission May 19, 1994 Page 2 . , , " owner. The contract specifically was for architectural services for a tennis facility at the Lake Ida site which included sixteen (16) lighted courts, pro shop, restroom facilities, courts ide rest shelters, site work consisting of parking areas with turn outs, west access road alignment, site lighting, landscaping and irrigation. The architect provided an estimated construction cost of the facility of $1,000,029.00 for the Lake Ida Project. However, Mr. Simons demand is based on the construction cost of the current tennis facility. It is our opinion that the construction cost of the Lake Ida facility would be the correct construction cost to use in this situation. (Further, even if one used the construction cost of the current tennis facility, the 2.2 million dollar construction cost of the current tennis facility includes land acquisition costs, demolition costs, etc. , which should be· subtracted out of the 2.2 million dollar cost as used by Mr. Simon. ) The following numbers are computed according to the contract using the $1,029,000.00 estimated cost as provided by Mr. Simon for the Lake Ida Project and not the current tennis facility. According to the contract, Mr. Simon was entitled to a fee of seventy percent (70%) of eight percent (8%) of the construction cost for the completion of the work through the construction documents phase. Using the estimated cost for the project at Lake Ida by Mr. Simon in the amount of $1,029,00.00 multiplied by eight percent (8%) ($82,3~0.00), multiplied by seventy percent (70%) results in a fee of $57,624.00 earned by Mr. Simon. According to our records, Mr. Simon was paid $68,943.42 on the Lake Ida Project. However, this number also included payment for reimbursables f or the Lake Ida project and other schematics not related to the Lake Ida project. Therefore, using the fee supplied by Mr. Simon as the payment received by him for the project of $54,480.00, and subtracting that number from the fee of $57,624.00 earned results in an amount due of $3,144.00 on the contract. In addition, the contract calls for termination expenses in the amount of five percent (5%) of the fees earned to date to the date of termination, plus additional termination expenses. Multiplying five percent (5%) times the earned fee of $57,624.00 equals $2,881.20. Adding the number due on the contract and the five percent (5%) termination fee results in an amount due of $6,025.20. , City Commission May 19, 1994 Page 3 . , , .. In addition, Mr. Simon claims termination fees in the amount of $3,000.00. Mr. Simon has not itemized what those termination fees were for, however, if the Commission desires to add those fees, the City would owe $9,025.20. Even if you figure in the additional monies earned by Mr. Simon in the amount of $5,165.00 for the conceptual plans he did, not belonging to the Lake Ida site as requested by Mr. Simon and do the necessary computations, the City would owe, including the $3,000.00 termination expenses, $9,283.45. By copy of this memorandum to David Harden, our office requests that the settlement offer in the amount of $50,000.00 be placed on the City Commission agenda for their consideration. In addition, the City Commission may want to consider a counter offer as outlined herein. Please do not hesitate to contact me if you have any questions regarding this matter. Attachment cc: David Harden, City Manager Joe Safford, Director of Finance Lee Graham, Risk Manager David Schmidt, Esq. , ·. SIMON AND SCHMIDT ATTORNEYS AT LAW P. O. !SOX 2020 100 NORT"'EAST F"IF"T'" AVENUE DELRAY BEACH, FLOIUDA 33483 ERNEST G. SIMON TELEPHONE (407) 278-2801 WEST PALM BEACH DAVIDW. SCHMIDT FAX (407) 265-0286 737-8222 , , . June 30, 1994 Susan Ruby, Esquire City Attorney City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Roy Simon/Delray Tennis Center My File No. 190.38 Dear Ms. Ruby: As you requested, Mr. Simon and I have reexamined the amount due him from the City, assuming that there were two contracts with the City. The first was for the design of the clubhouse and tennis facility at the Municipal Golf Course, and the second contract was for the design of the tennis center at Lake Ida. Assuming that the contract for the Municipal Golf Course site was terminated, Mr. Simon would be due termination expenses pursuant to Article X of the contract. At the time of the alleged termination, Mr. Simon had earned fees of $11,321.60 for the design of the tennis center, and $15,219.21 for the clubhouse renovations. Further, at the time of the alleged termination, the tennis center was in the Schematic phase, while the clubhouse was in the Design Development phase. The contract provides that the termination fee due was 20% and 10% of the respective fees earned. Therefore, Mr. Simon is entitled to termination expenses of $2,264.32 and $1,521.92, for a total of $3,786.24. With regard to the Lake Ida tennis center, you have been using the estimated cost of construction as $1,029,000.00, the estimate contained in the contract. However, this figure does not take into account the soil stabilization, which was estimated to cost $560,000.00. The total estimated contract price, after the investigation was completed, was $1,588,808.00. Assuming again the contract was terminated, it was terminated after the Construction Document phase was copleted. Accordingly, Mr. Simon had earned seventy percent (70%) of his total fee. His fee was , ~ . - 2- Susan Ruby, Esquire June 29, 1994 Re: Mr. Roy M. Simon . , , eight percent (8%) of the estimated construction cost, so using the figure of $1,588,808.00, his fee would be $127,104.60. Seventy percent (70%) of this amount is $88,973.22. Mr. Simon was pa~d $54,480.00, so this would leave a balance due on the contract of $34,493.22. In addition, Mr. Simon had additional services which were paid by the City in the amount of $6,141.94. This would make his total fee earned on the Lake Ida project $95,115.16. , Pursuant to the termination clause, he would be entitled to five percent (5%) of the total fee, or $4,755.76. In addition, as we previously informed you, Mr. Simon had termination expenses of $3,000.00, so the total due him for termination would be $7,755.22. To recap, under your scenario Mr. Simon is entitled to $3,786.24 under the Municipal Golf Course project for termination expenses, $34,493.22 for the balance of his fee on the Lake Ida project, and $7,755.22 for termination expenses on the Lake Ida contract, for a total of $46,034.68. In addition, Mr. Simon would be entitled to interest on these amounts since the terminations, and he has incurred attorney's fees in attempting to resolve this matter. Mr. Simon will agree to settle this matter for the $46,034.68 due on the contracts, and waive his claim for interest and attorney's fees. Please forward our settlement offer to the City corrmission. Sincerely yours, "- G~J~ ~:~t- David W. Schmidt DWS : dr cc: Mr. Roy M. Simon, AIA litigate\rsimon.1tr rfn\¡'~-~- . : r ; ---¡"¡' :---. '; - ,-. j '~--'- , 0," ; :' II. I . , Ir"" II I: . ~,\ . 7. i i " ,/) 1(; \ JUN 3 0 1994 ,¡ \ " , I,' " i' , I ~ I , M E M 0 R AND U M TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM # q. G· - MEETING OF JULY 19, 1994 APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION DATE: JULY 15, 1994 This item was before the Commission on June 21, 1994, at which time it was postponed until staff verified the eligibility of an applicant. Jack Crespin's term on the Public Employees Relations Commission expired on June 26, 1994. Mr. Crespin serves as a regular member in the capacity of a neutral person (a person who has neither a labor nor a management background). He was originally appointed to serve a four year term in July, 1990. Having now served one regular term, he is eligible and wishes to be considered for reappointment. The term is for four (4 ) years, ending June 26, 1998. Attendance records are attached. Section 35.032 (A) (a) of the City's Code states that the neutral shall be a person who on account of previous vocation, employment, or affiliation, is not or has not been classified as a representative of employers or of employees or employee organizations. The appointee need not be a resident of the City of Delray Beach. The following persons have submitted applications for review: Norma Bannoura (has applied to any board/committee) Harvey Brown, Sr. (currently serving as the alternate neutral member on PERC) David I. Cohen (has applied to any board/committee) Jack Crespin (incumbent) Marta Dorfman Herbert Freese Murray Kalish Leo Kierstein Lorraine Kasper Harold Kirschner Rosalind Murray (has applied to any board/committee) Deri Joy Ronis Milford Ross 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 Mayor Lynch (Seat #5). Recommend appointment of a regular member (neutral capacity) to the Public Employees Relations Commission to a term ending June 26, 1998. ref:a:agmem03 , . - PUBLIC EMPLOYEES RELATIONS COMISSION I qg L{ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee ! , . Jack Crespin ~ ¡ i ! Martin Frost f ! Armand Mouw f , I Alternate William Andrews not rea}: point ed Harvey L. Brown, Sr (ap þnt 5/94) I at ten. doc - , PUBLIC EMPLOYEES RELATIONS COMMISSION ( 19 CJ 3 Jan Feb Mar Apr May Jun Ju1 Aug Sep Oct Nov Dec Martin Frost P P P Jack Crespin, Ph.D. P P P Leonard Syrop res gned William Andrews (a1 erna e) P Armand Mouw (appnt. 9/93 P P ¡ at ten. doc , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t'Jv( SUBJECT: AGENDA ITEM ~ CJ . J./. - MEETING OF JULY 19. 1994 APPOINTMENTS TO THE EDUCATION BOARD DATE: JULY 14, 1994 The terms for Robert French, John-Michael Jones, Jerry Marshall and Kathleen Shabotynskyj on the Education Board will expire on July 31, 1994. Mr. French has served two successive terms and is not eligible for reappointment. Mr. Jones does not wish to be considered for reappointment. Mr. Marshall was appointed to his first two-year term on July 28, 1992. Ms. Shabotynskyj was appointed to fill an unexpired term on September 14, 1993. Both are eligible and wish to be considered for reappointment to the board. The term is for two (2 ) years, ending July 31, 1996. Attendance records are attached. Members of the Education Board shall be residents of the City of Delray Beach or shall be a person with a child or children attending Delray Beach public schools, or shall own property in the city and/or own or operate a business within the city. It is the intent, if possible, that the membership of the Education Board shall include members who have a background in business, real estate, and/or education. The following individuals have submitted applications for review and consideration: Norma Bannoura Denise Holt May Eugene Binkovitz Rosalind Murray David I. Cohen Marilyn Schneider Thomas Fleming Kathleen Shabotynskyj Adele S. King (incumbent) Nelson McDuffie Lawrence A. Siegel Jerry Marshall (incumbent) Horace Waldman Reginald Williams A check for outstanding liens or code violations has been conducted. There are none. Based upon the rotation schedule, the appointments will be made by Mayor Lynch (Seat i5), Mrs. Smith (Seat i1), Dr. Alperin (Seat i2), and Mr. Ellingsworth (Seat #3). Recommend appointment of four members to the Education Board, to two-year terms ending July 31, 1996. ref: a: agmem02 , EDUCATION BOARD Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec J ! ¡ i Robert French PPP pip pip p/Ex pip pip I r William Keiser A (r sign ~d) ¡ r Kathy Shabotynskyj PPP pip PiA PIEx pip p/b. i f Robert Hayes PPP pip pip pIp ~x/P pIp ! I Jounice Hill-Parker PPA pip AlA Ex/p AlA pIA Jerome H. Marshall PPP pip pip pIp pip pIp John-Michael Jones APP pip Alp pIp Alp Ex/p Gladys Whigham (app t 21 4) PiA pIp pIA pIp , I I I I atten.doc , ·f EDUCATION BOARD Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Robert French p p p p pIp P pIA Kathryn Sloan p p p P AlA A Resig ned Kathleen 9/93 pIp p pip Shabotvnskvi (aDDo nted Robert Hayes (appo "nted 7/93) p P pip p pIp Jounice Hill-Parker (app þinte ~ a/c 3) p A Alp P PiA Jerome Marshall p P P p pIp p . pip John-Michael Jones p P P P pip P pIA Linda Cochran A P (not reapl ointE d) Deborah Wright p P (not reap1 oint. d) Kay Anderson p A P Res gned William Keiser (Appn .11 93) pIA atten.doc THE EDUCATION MET ONCE PER MONTH DURING JUNE THROUGH SEPTEMBER , CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME ~'^~ ç ~,-m: lß~ö ~&AP(~C!tL.~,~~A(\-4- ~33~5 HOME ADDRESS (Street, C'ity, ZiP)code) (L AL RESIDE~C ) SA1/'. ~ . PRINCIPAL BUSIN£SS ADDRESS (Street, City, Zip Code) HOME PHONE 4 q 13 .~\ BUSINESS. PHONE .49'5 .r1t.lJ J ON WHAT BOARDS ARE YOU INTERESTED IN SERVING b'J.1ctQQJ ~ fl.:D -~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) ~. .f f.D ~ ~-ar. ~..Ar~ ~ Oç . fl.\) EDUCATIONAL QUALIFICATIONS C'D,ÄU.'t1=IOL. «S~llLlli (Ð~~~(.A~¡I. ~~ ) ~ ~e4l)v :\õLt.~r~K('onÆ; ~..As tvU:i&~ ðF Âlli ÅJJte1\r. ~(ý ~~'(10a£ -('~) V1S\OA.~ 7{;iJ;'S~Jã.&IIÜU(~~ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION ~~~Gb DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ~~.~ PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. (p hL~.J . . 4/90 , r----- .....,.-. ---...-- ,:.-: - ~ . .'- - ------. , , .- - - -'" --- , CITY OF DELRAY SEACH Lr1,' ~ BOARD MEMBER APPLICATION ...------...-.- --. - . ~AME J)?..n\.~ thili MCÀ~ . I G19i.t Avoce.t- Kc\. 1)Ekr.~\-i ~ ç:L .3.3'i'-·~ HOME ADDRESS (Sereee. City. Zip Cod.) (LEGAL RESIDENCE) PRINCIPAL BUSINESS ADDRESS (Ser..t. City. Zip Cod.) HOME PHONE (1..{07) ,;ltc,S - /551 BUSINESS PHONE OM WHAt BOAP~S ARE YOU INTERESTED IN SEaVING Edv, lûti ü f\ t?)oa.fcl ... LIST ALL CITY BOARDS ON WHICH YOU AU CUIUWm.Y SUVING· 01 HAVE PREVIOUSLY SERVED (Pl.... includ. d.t..) EDUCAtIONAL QUALIFICATIONS f:rac.\.uo\-t:>C\ ~QðT C~.S\·C, \Af), \J-Q(S'clu. , Z 7 \ Jql<6 \}J¡t\) (i (\(J(f6- Ù\ \em.emo.:(,-\ C\U-LCL\10C\ \ LIST ANY RELATED PROFESSIONAL CIITlrICATIONS AND LICENSES WHICH YOU HOLD --Bon dQ R~o..\ ~ -\ü~ ,SJ..b N\ú.'A L\c.~ GIVE YOUR PRESENT. 01 MOSt IICIIt EMPLOYEI, AND POSITIOI J.Ü9 " ~u.d1 cow -AìÓe - ~h'1(lV1 Cfet'K £ie 1'o. .)c.\'oo\ , \~T ~~e- DESCRIBI EXPElIIICII, SULLS 01 DOWLEDGI WHICH QUALI" YOU TO SEIVI 01 THIS iD~bo.,(k~ouC)PJ() ed(d.tG.-h¡)Q I ~ea("5 (<:~d£oc.~ If) Ùe~a(1d .~(omUY\~ B. ~ve.. e(\c.l)u(~d i'N\~\\Jen"~f\t 1n ou(" ,::c-nao\s ~ b&\.p m~e Y1lli}~ at aU ð\lf Chl\c\(eo. PLEASI AITACtI A BllEr RESUMI. I KEllEBY CEITl" THAt ALL till AIOn STATDlD'tS AU nUl, AID 1 AGIII AND ' UNDERSTAND THAT ANt KIS,tAtlMD'l' or MAtERIAL rACtl COItAINID 1. TlIS APPLICA- TION MAY CAUSI FOUEITUU UPO. K! Pdt or ANt APPOINTMDt 1 MAt RECIIVI. ~ '~~~'-~ &-J' ;)7- 7'-/ SIGNA~ _ ~_ . DATI l./Qn , DENISE H. MAY 1069 Avocet Road (4<17)26.5-1559 Delray Beach, FL JJ444 PROFESSIONAL EXPERIENCE 1989-Present Mother busy raising a daughter. 1989 Instructional Aide Banyan Creek Elementary School Delray Beach, FL 1986-1988 Real Estate Salesman Boca Lake Estates Verna Realty, Boca Raton, FL 198.5-1986 Sales Director 1984-198.5 Real Estate Salesman Pine Needle Park, Lake Worth Continental Development Corp. Pal. Beach, FL - 1981-1984 Waitress Abbey Road Boca Raton, FL 1979-1981 Per Diem Subeti tute Teacher Philadel¡ñia, PA EDUCATION AND TRAINING 1984 Completed Real Estate Salesan Course License inactive status 1978 Graduated Westatester University Degree in Elementary Education COMMUNITY ACTIVITIES 1994-PreHnt Volunteer, Pine Grove Elementary 1994 Host, Adam Walsh Foundation for neighborhood 1991-Pre.~;:. Moa's Group 1991 Faa1ly Support Group, Desert Ston 1980 Volunteer, Ambulance Nurse Assistant 1979 Volunteer, Planned Parenthood 1978 Volunteer, Pre-Delirq,uent Prograa , CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~AME _f! ATì-t L. E. £. 0 T. S I-t A ßð-r i ,..)$).:.\( J I 4 2. ð q B 'R...Af\.JP "r..) ~'''~ ]) f: Lit ~ B~.f:L 3 3 Y. <.} 5 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESI ENCE) C. h~t.A b-ev- Þ} La ""' o\.\Q..r~e-. ~ tt 5 ~ 5""" Av e. . Ì)€LR.~~K 33'-183 PRINCIPAL BUSINESS ADDRESS (SÙeet, City, Zip Code) , HOME PHONE y.QS-g']'f3 BUSINESS PHONE 27r-{)LfZ 'f ON WHAT BOARDS ARE YOU INTERESTED IN SERVING £d \.A C A-1'""'--t 1) ...J BIÞ~~ LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTL Y SERVING OR HAVE PREVIOUSLY SERVED (Please include dates). t . .-.-- s ex v .c. d ~ r~ .¡ ; 0 ~ !. \ ì . :...L ho..ve... Y'\.ð+- ! EDUCATIONAL QUALIFICATIONS CO U e î e. 0...... "" c:l'^- o...:~-~.. . LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION D<l.I-rI..'1 ß..eo... C".l-t. . \ . L k..ø........ b.e.v- &-/- ~ ^^ e V" c.¿ - ~ ~ý'~ C.1-v<1 !--{LYkL-hh1~¡rsh:p DESCRIBE EXPERIENCES, SXILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BO~ Y-Jd' ~ ,dt 6L~:;~~qlj ~ PLEASE ATTACH A BllIEl RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITUllE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. , +4J1~~ly~ .zf~ /'71..5 DA 4/90 , Shabotynskyj 4209 Brandon Drive Delray Beach, FL 33445 ~ June 30, 1994 Dear Mayor LynCh( ~ ~ My term on the Education Board is about to end and I wanted to let you know how much I have enjoyed this opportunity to serve the citizens of our community. I would be honored if you would reappointed me to serve on the Education Board for a full term. I hope you have been satisfied with our efforts this past year. Our work has been satisfying as well as frustrating. It is my only wish that we could get more action, faster from the school board. I sincerely appreciate the efforts of Bob Barcinski. He is knowledgeable, thorough and dedicated and terrific to work with. Thank you for your consideration. I hope you know that if I can ever be of assistance to you that you only need to ask. cc: ~lison MacGregor Harty Bob Barcinski RECEIVED 7/5/9.1/ CITY CLERK , . CITY OF DELlAY BEACH BOARD MEMBER APPLICATION NAME Lawrence A. Sieqel . 201 Northeast First Avenue: Delray Beach 33444 HOME ADDRESS (Stre.t. City. Zip Code) (LECAL RESIDENCE) SAMF. AS AROVR PRINCIPAL BUSINESS ADDRESS (Strut.. City. Zip Code) HOME PHONE 243-1067 BUSINESS PHONE ON WHAT BOARDS ARE yOU INTERESTED IN SERVING Historic and Preservation. Education; ~)f~JJß LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Plea.e include dates) None EDUCATIONAL QUALIFICATIONS Master's deàree. Doctoral candidate LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Certified: Sexuality Educator and Therapist: LMHC pendinq CIVE.YOUR PRESENT, OR HOST IICENT EKPLOYER. AND POSITION Private practice therapist and educator/education consultant DESCRIBE EXPERIENCES, SI1LLS 0& INOWLEDCE WHICH QUALIFY YOU TO SERVE ON THIS BOA.RD PLEASE SEE ATTACHED . PLEASE ATTACH A BRIEr IESUMI. t HEIEBY CERTIFY THAT ALL THE AlOVE STATEMENTS AU TRUE, AND I AGIlEE AND UNDEISTAND THAT ANY MISSTATDŒvt OF MATERIAL FACTS CONTAINED 1M THIS Af'LICA- TION KAY FOIllElTUU U'OIf MY 'UT OF ANY Af'OIN'fIŒHT 1 KAY IECElVE. ~~ J ,,¡. ì. I 75' 2 OAT 4/90 . , CUR R I C U L U H V I T A Lawrence A. Siegel 201 Northeast First Avenue Delray Beach, FL 33444 Phone: (407)243-1067 ACADEMIC presen~ Florida Atlantic Universlty: Boca Raton. t;"T . ... Doctoral candidate - Counselor Educatlon 12/88 Florlda Atlantic University; Boca Raton, FL Master of Arts - Psychology/Psychoblology 5/35 Eckerd College; st. Petersburg, FL Bachelor of Arts - Psychology/Biopsychology RELATED WORK EXPERIENCE Counselinq 4/92 - present Private Practice Therapist 8/9l - 4/82 Therapist The Present Therapist specializing in sexual and sexuality issues, co- dependency, incest/sexual abuse, and adolescent issues. Duties al~o include professional training, seminars, and workshops. 3/89 - 4/91 Thera~ist The Center for counsel ing Services Provided individual and group counseling; specializing in sexuality issues, chemical dependency, addictions, compulsive disorders, and adolescent issues. 9/85 - 6/86 Peer Counselor/Trainer Rutgers Universltv 8/83 - 6/85 Peer/Staff Counselc: Eckerd ColLeqp Education 1/90 - present Advanced Education Systems HIV / AIDS Educator and Tra 1 np: Provide education and training to professionals working under license for the Florida Department of Professional Regulation (health, nursing, cosmetology, massage, etc. ) , as well as training and consultation for sexuality education. , · 6/89 - present Adjunct Professor Pa 1 m Beach Communi t y Co 11 ege Provide full classroom instruction for courses in Health and Psychology, as well as Continuing Education courses for nurses and the community. 10/88 - 8/91 Assistant Director of Education Planned Parenthood Duties include health and sexuality education, administrative duties, supervision and training of education staff, coordination of male programs, and participation on administrative team. Also responsible for community and professional training. AFF!LIATIONS/*CERTIFICATIONS * American Association of Sex Educators. Counselors, and TherapIsts AmerIcan Association for Counseling and Development InternatIonal Associati~n for AddIctIons 3nd Offender Counselors AssociatIon for SpecIalists In Group Work SocIety for the Scientific Study of Sex * American Red Cross - certified HIV/AIDS educat~r and traIner * State of FlorIda - approved HIV/AIDS educator and Instructor trainer Research 8/86 - 12/88 Florlda Atlantlc Unlv¿rs:- . Conducted independent research in psychopharmacology. D1..¡ti'Õ'S included dosing, surgery, behavioral testIng, lmmunoh::'3::'- chemical examination, and the trainlng of undergraduate assistants. 8/85 - 6/86 Rutgers UniversIty Conducted research on effects of alcohol on the brain and metabolism at the Center for Alcohol Studies. PUBLICATIOla CHILDREN AND SEXUALITY (In: Bjorklund & Bjorklund LOOK:~G .; T CHILDREN: An introductlon.~o chiLg_develo~~en~, Calif: Brooks-Cole, 1991) MAKING "NO" WORK (Special s~¡PP 1 ement to THE NEWS; October 19, 1989) SEXUALITY: A "SENSE"-UAL EXPERIENCE (pending) ADULT PREPERENCES POR MORPHINE CAN BE PREDICTED FROM !NFANI LOSS-OP-RIGHTING RESPONSE. (pendinq) , ACTIVITIES STep AIDS Project of South F 1 0 n ,~a - Board of Directors (1988-1991: 3raward County AIDS Resource and :ntormation Tas~ Force - Board ot Directors, Adv:.sor (1989-:"99:' Center3 for Dlsease Control AI8S Information ar.d ::duca:lcn Community Advlsory Committee - Chair (1989-present) .... t... : ~ .....' Council: AIDS and Chemical Dependency :3..5~: _..':'..Clrens ;,erVlces Forces - clÙ'l:.cal and professional trainer Palm Beach County School Board Action Committee - ':hai r : Suocommi:t~e on Sexuallty Education, Heal th Eåuca::l':j'. and Intervention (1990) CONFERENCE PRESENTATIONS "Sexual Development: Normal expressions of sexuality in children" EARLY CHILDHOOD CONFERENCE (Lake Worth, FL); 4/89.5/90, 5/91. "Sexual Responsibllity" TEACHING SEXUALITY: BASIC SKILLS FOR CARING AND COPING , 3-·::!. Raton, FL) ; 8/89. "Etiology, Transmission, and Preventlon of HIV Infectlon" AIDS AND THE PRACTICING PROFESSIONAL (Palm Beach. FL) : '" , ~,- - "Sexuality Transmitted Disea.ses: Attitudes and issues" DADE COUNTY ASSOCIATION OF COLLEGES AND SCHOOLS (Miam:., -r t' .... ' 2/90. "Relatlonships, Boundaries, and Intimacy" STAR SEMINARS (Delray Beach, FL) ; 7/90. "Male Sexuality: What women need to know" WOMER, INTIMACY, AND SEXUALITY (Palm Beach Gardens, FL); 8/ 9G , "It's Nobody's Fault: Coping with male sexual dysfunction" WOMEN, INTIMACY, AND SEXUALITY (Palm Beach Gardens, FL); 8/30. "Relationships, Boundaries, and Intlmacy" STAR SEMINARS (Boca Raton, FL) ; 9/90. "Working With Sexually Active Adolescents" CHILDREN'S SERVICE COUNCIL CONFERENCE (Palm Beach, FL); 10/'3", , "Reproductive Health and Sexuallty Educatlon" CHILD ADVOCACY CONFERENCE (Boca Raton, FL ) ~ 11/90 ·'A.dolescent Sexuality: A discuSSlon on a:::t~des and =~~av::~ .. THE TEEN YEARS: WHAT EVERY PARENT SHOULD KNOW (Boca Rator.. FL) ; 2/9l. "O'Jerc.:;;nl:l.g Barrlers 1':0 Int:~acy and Sexual Relatl:ms:-.:~s" THE PRESENT: CO-DEPENDENCY WCRKSHOP {Palm Beach, FLA.: : ~ ,. '~ ' -' I _ ~ . "¡{",althy Sexuality for Singles and Couples" (Palm Beach, FL) ; 5/9l. "Working with Adolescent Males" RED CROSS CONFERENCE ON ADOLESCENTS (Palm Beach, F' . . .:: ~ - . "Sexuality: A 'Sense'-ual Experience" THE PRESENT (Mahwah, NJ) ; 8/91. "HIV/AIDS for Llcensed Professlonals" THE AVLON GROUP - CHICAGO (Nassau, Bahamas) ; 9/91. "HIV/AIDS and the Challenge to our Community" WORLD AIDS DAY CONFERENCE (West Palm Beàch, FL) ; 12/9l. "Sex, Intimacy, and Aging" WEST BOCA MEDICAL CENTER SERIES (Boca Raton, FL) ; 12/9l. "Normal Expressions of Sexuallty in Children and Indicators at Sexual Abuse" PALM BEACH COUNTY SCHOOL BOARD - CHILD CARE PROVIDERS (West Palm Beach, FL) ; 2/92. "Sexuality and Aging" WEST BOCA MEDICAL CENTER (Boca Raton, FL) ; 3/92. NUMEROUS PRESENTATIONS ON ADDICTIONS, SEXUALITY, AND HEALTH ISSUES' HIV/AIDS TRAININGS FOR STATE CERTIFICATION AND LICENSURE. Reference. available upon reques~ , , lARRY and ANITA SIEGEL ~·1a y , ~;. '?": -.... .:.: t y ct :'e: ;:-ay Bead: :':J ~hO;Ti : t ~1a y ~:ï:lce~r.: ~~c~osed ~~ea5e ::~d ~y app::catlcn :~~ ~card ~embershlp and a .... ..... - . - .. c~rric~l UIT: vltae. ..... part:c:..;:ar boards to WhlCh 'f' aj;", - - -:;:y .ne .. :1PP: 11:.g a~~ ~~3~~rl=¡'?~~5¿rV3::~n 3.:'. .:: :::ducatl~n. wltr. ::ega::~ t ¡J :q; appllca'::~:-. -.- .. :!-.~ Sducat:on Board, '!' believe - íT\Y acaJeml:: ¿xpet':-=f.::e5 and ~~a.::lca~:Jns 5peak for :!-.~;;-5el ves. As a Delray Beach resldent. 'f' wculd llke to particlpate In maklng . our Clty ~n educatl~n (and ed\.4':at.ed, :¿,ë1':er to be reckoned with. As for my ap~l:catlor. to the H' - - r ,- .- and Preservation Board. I _:;,'--....i..._ have spent a great deal of tlme :Jver :he past two yeao:s I:'enovatlng a:-. nlstcr:;:: property on BanKer's Rc~. 'f' have galned a gI:'eat .. ' .. ,-.ea _ of ì:r.cw: edge abc:...t Cl~Y codes. ::~.5~~rll: ..-equlrements, In'': - .... - worKlng dynamics of the Histori: anc:. ?1.'"eSeI:'Vatlon Board. Add - ' - - ::-'is :he fact t :-.3. t .. 3. ;:-, - . -'" _. " concer:-.e¿ ~:.:r~ - - - . ~~.."""'_..:::::... ., ~egentI:'l=ication of h15tO¡:-:C Dei.::-ay Beach and 'f' belleve you . . . ,.,.. - ... ... f1nd me to be an asset to t. :-,¡, ~ aoard. r· would greatly appreclate ...... :pp-:;rt~nlty to meet with ~/ o:.¡ . - _ ,d, "=' - .. ~e;:-30n. 30 that we may f u. r : ~. e ~ ll.S'::..L:ï3 Îny quallti:::atlons . -- .... - ~.. membership on these boards. PlelE';; ::ee: free to contact me shol..::3 you deem ::-'15 an appr~pI:'la:-.-? - . Thank you fo~ your considerat:c~. ~;J Siegel 201 N.E. 1.t _enue, Delra, Beacll, .fL 33444 . , , .. M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: pfCITY MANAGER SUBJECT: AGENDA ITEM * 9.j[· - MEETING OF JULY 19. 1994 FY 1994/95 BUDGET PRESENTATION/ESTABLISHMENT OF PROPOSED MILLAGE RATE DATE: JULY 15, 1994 Staff is continuing work on the FY 1994/95 budget. Background information will be provided at the July 19th regular meeting. 2u- ~ ~ WCUY ~051-&~ P~~~a:J- g,o WI &mm~ ~ d~ !::d ~ S 4 . 06 / L(1 4-0 ref:agmem05 " I . CITY OF DELRAY BEACH i REVENUE COMPARISON i ¡ i I i , I : 1991-92 , 1992-93 1993- 94 19<34- 95 : i , 'ACCOUNT DESCRIPTION ACTUAL ACTUAL BUDGET \ BUDGET I ; I ! : I I I , AD VALOREM TAXES I 17,476,620 I 17,023,507 18,765,180 I 18,938,270 ! ¡SALES AND USE TAXES (1) I 951,883 1,280,000 I 1,391,870 ¡ 904,076 i FRANCHISE TAXES 2,&01,3'16 2,6&9,909 2,1299,6&0 2,603,970 ¡ !UTIUTY TAXES (2) 3,937,551 4,358,424 4,360,000 4,388,000 ¡ I I ¡OCCUPATIONAL UCENSES I 353,391 I 370,430 380,000 380,000 ¡ I PERMITS A FEES 1,116,676 I 1,179,626 1,087,010 1,094,210 ! INTER<ÐVERNMENTAL 3,998,369 4,242, 725 4,199,350 4,219,910 [ I CHARGES FOR SERVICES (3) 798,829 873,703 2,114,150 2,174,560 ¡ I I FINES A: FORFEITURES 334,342 21 8,202 251,500 246,000 : 'INTEAFUND TRANSFERS (4) 795,246 990,862 505,610 185,910 ¡ IINTERFUND ADMINISTRATIVE COSTS 1,543,160 1,515,660 I 1,701,460 1,702,510 i INTEAFUND IN-UEU COSTS 2,002,640 1,958,380 2, 148,800 I 2, 142,260 I I MISCELLANEOUS REVENUES 653,76S 375,876 533,790 514,720 ; OPERATING REVENUES-GENERAL. FUND 36,416,011 i 36,628,1 B6 39,927,010 39,982,090 ¡ ! !OTHER REVENUES BOND PROCEEDS 6,553,726 0 10,882,685 0 COUNTY BED TAX (5) 0 0 0 494,000 PRIOR YEAR SURPLUS 75,000 1,501,354 0 50,000 1 PRIOR YEAR ENCUMBRANCE 325,544 60,699 33,080 0: 6,954,270 1,562,053 10,915,765 544,000 : I I ¡TOTAL GENERAL FUND REVENUES 43,370,281 ¡ 38,190,239 50,842, 77S 40,526,090 i 1(1) INCREASE IN FY 93-94 DUE TO INCÆASE IN OPTIONAL. GAS TAX LEVY IN COUNTY 1(2) INCREASE IN FY 92-93 DUE TO INCÆASE IN UTlUTY TAX RATES (COUMERCIAL) (3) INCREASE IN FY 93-94 DUE TO HGH...AND BEACH CONTRACT (4) VARIABLE REVENUE, USUALLY BOND FUND TRANSFERS TO PAY ENGINEERING SALARIES , , \(5) INCREASE IN FY 94-95 DUE TO BED TAX REVENUES FRJU COUNTY (TENNIS CENTER PHASE III) I , , , . . ~ --- ----------------- ---- CITY OF DELRAY BEACH DEPARTMENTAL EXPENDITURES ---- 1992 1993 1994 1995 DEPARTMENT Actual Actual Revised Projected --- ------ -- CITY COMMISSION 171,718 168,041 176,860 176,630 CITY MANAGER 198,569 218,136 209,220 217 ,430 PUBLIC INFORMATION 60,745 61,201 62,725 66,880 SUPPORT SERVICES 179,356 103,639 0 0 HUMAN RESOURCES 244,272 285,102 280,670 288,120 CITY CLERK 463,344 349,400 373,339 377,850 FINANCE 743,558 710,275 747,656 743,010 PURCHASING 240,622 239,752 244,110 195,960 CITY ATTORNEY 615,094 492,088 523,421 517,270 ADMINISTRATIVE SERVICES 140,329 143,526 366,597 339,100 MGMT INFORMATION SVCS 472,859 427,073 437,382 456,570 POLICE DEPARTMENT 10,969,318 11,103,248 11,416,189 11,694,860 FIRE DEPARTMENT 6,9-'1,322 6,834,284 6,961,427 7,275,330 HIGHLAND BEACH 1,057,890 1,144,660 PLANNING & ZONING 770,757 717,141 716,939 657,080 COMMUNITY IMPROVEMENT 1,984,441 1,977,832 1,984,370 1,989,850 ENGINEERING 277,728 367,043 316,459 362,920 ENGINEERING -DOE 0 0 315,010 31,800 ENGINEERING -W/S 0 0 116,750 72,140 PUBLIC WORKS 1,796,533 1,633,071 1,668,276 1,635,430 PARKS & RECREATION 4,165,245 4,339,859 4,794,564 4,967,160 MISCELLANEOUS 63,441 157,483 609,764 42,100 GRANTS 130,208 127,275 187,670 190,670 OLD SCHOOL SQUARE 122,570 122,500 122,500 122,500 LIBRARY 466,560 466,560 507,210 532,570 DEBT SERVICE 10,422,911 3,217,449 13,788,305 3,450,180 TRANSFERS 1,316,678 4,059,277 2,857,472 2,978,020 --'----- - TOTAL GENERAL FUND EXPENDITURES ___ 42,9~~!~2-~_ 38,321,255 50,842,775 40,526,090 --- , '. - . ~ CITY OJ:' DELHAY BEACH MILLAGE AND TAX REVENUE PROJECTIONS I OPERATING QEBT TOTAL ¡ PRELlMIN.~RY FINAL I ASSESSED TAX i ì i ' i i MILLAGE MILLAGE MILLAGE I ASSESSED Þ.SSES3ED i VALUE ;:1E'ÆNUES i I I I YEAR i $1 1$1000 $1/$1000 $1/$1000 , V.ð.LUES VALUES I GROWTH COLLECTED , I 1986 $4.9781 \ $0.5924 $5.5705 i 1 J646,487 J429 1,660,886,068 I 13.74~ 8,798,271 I I 1,781J267,288 ! 1987 i $5.0925 i $0.7199 ! $5.8124 j 1J796,.450,709 7.25~ 9,803,358 ¡ 1988 ! $5.2991 I $0.7009 ! $6.0000 ¡ 1,854,474,065 1,847,Z31,360 i 3.7011 1 0,496,650 ¡ 1989 ! I I $5.3306 I $0.6694 I $6.0000 ! 1J930,970,975 1J919,202,547I 3.90~ 10,972,392 ! i 1990 I $5.6259 I $0.5741 i $6.2000 2,:261,238,144 2,201,749,552 14.720 13,02:2,189 ¡ I I $1.0000 I I 1991 ! $6.1500 ¡ $7.1500 \ 2,388,234,311 :2,337,148,021 , 6.15%1 15,991,292 ! , , , 2,518,897,622 7.78~ 1992 I $6.0800 $1.0700 I $7.1500 I 2,536,134,352 17,250,553 ! 1993\ , $6.2000 I $0.9500 i $7.1.500 ¡ 2,506,918,853 2,470,870,887 -1.9101oj 16,935,644 i I : 1994! $6.8600 ¡ $1.1400 I $8.0000 2,461,544,953 2,435,480,625 -O.38~ , !. ! , j ! 1995 I $6.9300 I $1.0700 I $8.0000 I 2,"80,161,323 1 .83%/ i ! i PROPOSED MILLAGE I i OPERATING $6.9300 i DEBT SERVICE 1 .0700 !TOTAL ESTIMATED MILLAGE/$1000 $8.0000 I , ¡ .AT 95% i ¡ i CALCULATION OF Þ.D VALOREM TAX REVENUE DISCOUNT ! i I ! I I ¡PROPOSED OPERATING TAX REVENUE $16,328,1821 , I $6.93 PER $1000 TIMES $2,480,167,323 I i I PROPOSED DEBT SERVICE TAX REVENUE , I ¡ $1.07 PER $1000 TIMES $2,480,167,323 2,521,090 ! I I ¡ , I TOTAL PROPOSED AD VALOREM TAX LEVY 1994-95 $18,849,272 i I ¡ i I i DISTRIBUTION OF AD VALOREM TAX REVENUES , i I ¡ ¡ : CITY OF DELRAY BEACH I $8.00 PER $1000 TIMES $2,480,167,323 $18,389,055 ¡ I I I COMMUNITY REDEVELOPMENT AGENCY I I 460.217 I I $6.93 PER $1000 TIMES $69,904,633 J I , I I COMMUNITY REDEVELOPMENT TAX ADJUSTMENT I I 1994 TAX BASE (PRELIMINARY) 315,535,700 i 1985 TAX BASE 245,631,067 i I -------------- I ¡ I INCREMENT 69,904,633 I , I i ¡TOTAL DISTRIBUTION OF AD VALOREM TAX REVENUES $10'8'9.2721 , I I 1(1) D.bt SILrviC4f for FY 94-95 j~ $2,515,915 , J $2,515,915 X 1,000/$2,480,167,323/ .95 = 1.0678 mib I I ' I found..d up '0 1.07 mil5. i , . . . AejdilionAI Requests Police DepeJrtrnent W. AtlAntic Avenue Walking Beat $243,580 Includes the personal services cost and related expenses for six new Police Officer positions to cover West Atlantic Avenue from Swinton Avenue to 1-95. The initial plan provides 17 hours of coverage per day from 10:00 A.M. to 3:00 A.M. Community Policing 2 Officer Team $78,490/~~ Sub-Programs consisting of two officer tcams include salLJI ios, operating expenses and a bicycle for each Officer totHling $78,490 per team. T CHI11S were I equcsted in tllree areas: the Beach Grid, NE Section Grid élnd SW Section Grid. Parks & Recreation Six New GenerAl Mainlenélllce Worknr I $130,690 Additional rnanr>ower would plOvieje turf earn mainlenance accol dino to maintenance standard clAssifications for exislillO ;111<1 newly acquired lacililies With the incl case in stan, temporary services of $40,000 would be eliminaled for a net cost of $90,690. . , , .. . .. ~~ '-/-°1 ~~ to v~ I Ct ~On ~ (60 ~ iT7~ . wdh 61 wlo ~) [IT' DF DELIA' BEA[H <1-~~ ~ /;J:"':¡ I, ðOO, 00" CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 4071278-4755 Writer·s D~r_ct L~ne DELRA Y BEACH (407) 243-7090 f l 0 I I D " t.I.t8td AlI-AmericaCity , ~ III! MEMORANDUM Date: July 15, 1994 1993 'fo: City Commission From: David N. Tolces, Assistant Ci t.y Attorn-#- Subj'9ct: License Aqreement - Six South Restaurant 'I'he owners of the restaurant at Six South Ocean Boulevard have requested that the City allow them to construct a sidewalk along the west side of the bathroom building at the corner of Atlantic and A-I-A. The property on which the s ide'~Talk will be located was deeded to the City by the Gleason family, and is restricted in its use. The Quit-Claim Deed from the Gleason family to the City contains a restriction which prohibits the City from sel11.ng, conveying, or encumbering the property, and "that all improvements to be placed upon said property shall be for the use and benefit of the public." This provision is a restrictive covenant and prohibits any encumbrances on the property which do not serve the public. 'fhe sidewalk will serve the public and have an incidental comm'9rcial benefit. The license agreement, however, could be considered an encumbrance on the property which does not necessarily serve the public. While the most: conservative opinion would be to not construct the sidewalk, in this instance, the proposed license agreement seeks to minimize any risks to the City. In the event the license is challenged, the licensee will be required to cease its use of the sidewa.lk. The licensee is also required to indemnify the City for any injuries which may occur as a result of the use of the sidewalk, and for any costs or attorney's fees incurred in any action brought to enjoin the use of the sidewalk. These provisions seem to give the City sufficient protection in t~he event some adverse claim occurs. Therefore, with q.Y ® Printed on Recycled Paper '. , City Commission July 15, 1994 Page 2 thes,e provisions in place, the City could enter into the license agreement. Please call if you have any questions. DNT:snk Attachment cc: David Harden, City Manager Sharon Morgan, City Clerk's Office bathhse. c n-: '. , LICENSE AGREEMENT THIS LICENSE AGREEMENT entered into this day of - , 1994 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as ("City") and SHAHNr,r RESTAURANT, CORP. , a Florida corporation, hereinafter referred to as ("Licensee"). WIT N E SSE T H: HHEREAS, Licensee is in the process of constructing a res·taurant. located at 6 South Ocean Boulevard, Delray Beach, Florida; and HHEREAS, the City of Delray Beach operates its lifeguard station on the property just north of the location of the Licensee's restaurant; and HHEREAS, in order to provide for deliveries to the restaurant, Licensee has requested that the City provide limited sidewalk access across its property which fronts onto Atlantic Avenue; and HHEREAS, the City consents to the installation of a side\Valk across its property for the purpose of allowing Licensee to have access to its restaurant for delivery purposes and trash removal purposes only; and HHEREAS, Licensee recognizes the City's ownership limitations with respect to the property at the corner of Atlantic Avenue and South Ocean Boulevard, and also hereby , agrees 1:0 indemnify the City for any injuries which may occur along the sidewalk. 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 Licensel~ do hereby agree as follows: l. The Ci"ty grants to the Licensee a license to construct a:1d maintain a sidewalk as depicted in Exhibit "A", which is attached hereto and incorporated herein by reference. The LicHnsee agrees to only use the sidewalk for delivery purposes and trash removal purposes in conjunction with the operation of its restaurant located at 6 South Ocean Boulevard, Delray Beach, Florida. 2. During the term of this License, the Licensee shall maintain the sidewalk so as to insure that the sidewalk is f re(~ of debris, litter, trash, holes, cracks, or other dangerous conditions which may cause injury to persons using the side".ïaIJc. 3. The Licensee shall p=-ovide the City with a properly executed insurance certificate acceptable to the City, i?dicating that the Licensee has general liability insurance in the amount of $500..000 with the City of Delray Beach named as ~ an addi'tional insured on the policy. 4. In consideration of the payment of $10.00, recf=ipt8f Hhich is hereby acknm<lledged, the Licensee agrees to indemnify, defend, release and hold harmless, the City of 2 . Delray Beach, its officers, representatives, agents, and employe':!s from any cla.ims, suits, causes 0: action or any claim whatsoever, including but not limited to claims or suits for injunctive relief or damages, including all trial and appellate attorney's. :ees and costs, arising from the use or construction of -the sideHalk by the Licensee, or from any claims for damages to propE~rty or injuries to persons wr.ich may be occasioned by any activity carried on with regard to the sidewalk, including, but not limited to, a member of the public, the Licensee's empl oye,as , agents, and contractors. This paragraph shall survive the agreememt in the event this Agreement becomes null and void pursuant to Paragraph 5. 5. The Licensee recognizes that the City's owner- ship interest in the property on which the sidewalk is constructed contains a right of reverter and restrictive covE'nant. In the event that the City's use of the property in conjunction with Licensee's business is ch.allenged or the City receives notice of a potential claim, this. Agreement shall, at the sole option of the City, become immediately null and void upon the City's notification to Licensee 0: termination of this license, and the Licensee shall immediately cease the use of the walkvlTay, and if necessary, remov,e the walkway and return the property to its previous condition. The City shall not be liable for any damages or costs which the Licensee may suffer or incur as a result of the removal of the sidewalk or any other appurtenances. 3 , 6 . This License Agreement, including attachments hereto, constitutes the entire agreement between the parties, and shall sapersede and replace all prior agreements or under- standin;r, written or oral, relating to the matter set forth herein. 7, This Agreement may be amended or modified only by writ. ten addendum or amendment signed by the parties and authorized by their respective elected officials. 8. The Licensee shall not assign or transfer this license ~ithout the written consent of the City. 9. This Agreement shall be effective on the date executed by the City of Delray Beach City Commission and shall remain in force from that time. 10. All notices required or allowed by this Agree- ment shall be delivered in person or mailed to the party at the followin~ address: As to City: City of Delray Beach David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 As to Licens.ee: Shahnt Restaurant Corp. 6 South Ocean Boulevard Delray Beach, Florida 33444 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor 4 , Approved as to Form and Legal Sufficiency: City Att::>rney WITNESSES: SHAHNT RESTAURANT CORP. By: (Type or Print Name) (Print or Type Name) (SEAL) (Type or Print Name) STATE OF FLORIDA COUN'TY 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/sh,e is personally known to me/or h9S produced (type of identification) as identification. Signature of Notary Public- State of Florida Print, Type or Stamp Name of Notary Public S:.xsoutt.. agt 5 , S. OCEAN SLVQ =- - - --- --1- 1 m 1Þ1 t IÍ t- {fJ Þ-C ::00 Ii. ~ ~ þje .. ~ ¡; --t-- Cl U'1~ ~ ~~ - , ¡ 1 §ð :m - , . v ;Þ- ~ . I 2 r- L _ ___ » ~ z -4 ñ ~ ð !T' ~ ~ Z ~ ~l t I z i L . r >--! ~-- '-J :t'~ ~ ÞiClì .. +- ~ ~~ J ~ '20 2 ~ trt L . , . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JULY 19. 1994 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE: ~ CHANGE ORDER NO. 1/ASPHALT CONSTRUCTION OF PALM BEACH. INC. : Consider add Change Order No. 1 in the amount of $19,842.25 to Asphalt Construction of Palm Beach, Inc. for work required to construct a temporary access road to School Site liS" from the Linton Boulevard/Germantown Road intersection; with funding from General Construction Fund - School Site liS" (Account No. 334-3162-541-63.13). ~ ij-Q . , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~f SUBJECT: AGENDA ITEM i9.K. - MEETING OF JULY 19, 1994 CHANGE ORDER NO. l/ASPHALT CONSTRUCTION OF PALM BEACH. INC. DATE: JULY 18, 1994 This is before the Commission to consider Change Order No. 1 in the additional amount of $19,842.25 to Asphalt Construction of Palm Beach, Inc. in conjunction with the Southwest Street Improvements - Phase I project. It is for the work required to construct a temporary access road to School Site liS" from the Linton Boulevard/ Germantown Road intersection. This includes clearing and grubbing, grading, tree relocations and a six inch (6" ) thick shellrock/ crushed concrete roadway base 16 feet wide and 905 feet long. Work is scheduled to commence on or about Monday, July 25, 1994, and is to be completed by Friday, August 12, 1994. Recommend approval of Change Order No. 1 in the amount of $19,842.25 to the contract with Asphalt Construction of Palm Beach, Inc. i with funding from General Construction Fund - School Site "S" (Account No. 334-3162-541-63.13). ref:a:agmemo10 , , Agenda Item No.: AGENDA REOUEST Date: July 18, 1994 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: July 19, 1994 Description of item (who, what, where, how much): Staff requests City Commission to approve Change Order #1 to Asphalt Construction of Palm Beach, Inc for the Southwest Street Improvements - Phase I (92-05). Change Order #1 is for the work required to construct a temporary access road to School Site'S' from the Linton Blvd/Germantown intersection. The work includes clearing and grubbing, grading, tree relocations and a 6" thick shellrock/crushed concrete roadway base 16' wide and 905' long. Change Order #1 is for a net add amount of $19,842.25. Funding Source is 117 4118 512-61.10. ..33L1- -3/6a - 64/- 63.13 Work will commence on or about Monday, July 25, 1994 and is to be completed by Friday, August 12, 1994. ORDINANCE/RESOLUTION REQUIRED: YES~RAFT ATTACHED YE~ Recommends approval of Change Order #1 ( Department Head Þ Signature: Determination of Consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (r 'red on all items involving expenditure of funds): Funding available: YES Funding alternativ Account No. & Description "j---- Account Balance tÇJO {(;() I City Manager Review: Approved for agenda: ~/NO 71--/ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved - - --- , Memorandum ~- To: David T. Harden, City Manager From: William H. ~OOd. Director of Environmental Services Date: July 18, 1994 Re: School site 's' Temporary Access Road Agenda request Attached is an agenda request for Change Order #1 to the Southwest Street Improvement Contract (proj #92-05) in the amount of $19,842.25 to Asphalt Construction of Palm Beach, Inc. The work specified in this Change Order will provide a temporary access road to School site 'S' from the intersection of Linton Blvd and Germantown Road south approximately 905 If to the school site. The scope of work includes clearing and grubbing, grading, tree relocations and 6" shellrock/crushed concrete roadway base. If approved, work will commence on or about Monday, July 25, 1994 and is to be completed by Friday, August 12, 1994. Funding Source is 11334-3162-541-63.13 File: 92-05D Ralph Hayden, City Engineer Bob Barcinski, Assistant City Manager , CITY OF DELRAY BEACH CHANGE ORDER TO. ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 92-05 DATE: PROJECT TITLE: Southwest Street Improvements - Phase I TO CONTRACTOR: Asphalt Construction of Palm Beach, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: At School Site 's' on Germantown Rd and Linton Blvd (see attached location map) construct an access road to the new school site from Germantown Rd. Provide the necessary labor, equipment and material to perform the required scope of work as follows: 1) As laid out by the City of Delray Beach, clear and grub a 24' wide X 905' long corridor. Debris shall be stacked neatly on-site at an area designated by the City of Delray Beach. 1 LS x $7,250.00 = $ 7,250.00 2) Relocate Sable Palms within the right of way to outside of right of way. Sable Palms should be given "hurricane cut" prior to relocation. After relocation a soil ring for irrigation shall be provided and the trees should be watered periodically as necessary for a period of sixty (60) days. 17 Ea x $ 135.00 = $ 2,295.00 3) Grade roadway corridor level with natural ground. 1 LS x $ 950.00 = $ 950.00 4) Construct temporary access roadway consisting of 6" shellrock/crushed concrete over leveled natural ground. Roadway to be 16' wide and extend the 90S' length as described above in Item 1. 1,609 SY x $ 5.25 = $ 8,447.25 5) Barricades/Traffic Maintenance as required. 1 LS x $ 150.00 = $ 150.00 6) Mobilization. 1 LS x $ 750.00 = $ 750.00 ----------- Total change Order #1 $19,842.25 ----------- ----------- , Change Order #1 Southwest Street Improvements - Phase I Asphalt Construction of Palm Beach, Inc. Page 2 Special provisions: a) Staking and layout by City of Delray Beach. b) Soils testing by City of Delray Beach. c) Final quantities to be determined by final as-built field measured quantities. d) Price does not include undercutting any subsurface deleterious material such as muck or rock if it is encountered in the scope of work above. e) For Item 2 above, unit price shall apply however there is a minimum charge of $1,100.00 for mobilization of the tree spade to the site. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $613,341.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $613,341. 00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 19,842.25 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $633,183.25 PER CENT INCREASE THIS CHANGE ORDER 3.2 \ - - TOTAL PER CENT INCREASE TO DATE 3.2 % - - This scope of work shall start on or about Monday, July 25, 1994 and shall be completed final (except for maintenance associated with Item 2 above) by Friday, August 12, 1994. Contract completion dates of original Contract shall remain unchanged as a result of this Change Order. CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. for Asphalt Construction of Palm Beach, Inc. TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department #334-3162-541-63.13 FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: William H. Greenwood, Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk , ""1''''''' "!AO.....,.vi~þ\ I~ o¡ All' f'I4V(. ~,.JU) I ~ I' .. 9ZÞ/' #. /. 0 t:' rr'w' I ¡ ~ ~ 117'- I t ,,, ;J-- J"'.~~' '4 /- 'a' F'-/Cr '''1' S""'I'W' , , ...,,#- I . t'.M. -.L I I, o~r',) (\ I I I ,~ I I ~ ~ I I ~ ... ~ '" I, .. \) I ~:~i ~ !'. ., ~ ~ ~ r"'~ : ~~:' p ~ ~ ;~t¡::.1 "I ' ~ " I~, r"" , ~'~I ..... ~ " I} I . . .. \ ~ ~ t-t" ~ , ~ i I.' 'I~ \ I I 1~·fIUrM'Alr/,;" l.r";L"f.~",. : ¡ r~~.(I1. . ".,.,." :17." W';ilP -,Þ"",,,,,w4- ¿;" ru ,¡,/VIIPMI6"n I . ¡tiN1,;;:;r-- \..... ....."'.... (,-ì I~~ <> t~1 ( ""~.,., I ~ , , . l'/~'Wtf i~ I' '- , . , I F'''''y' t I I """" FI"#( -0 ...",. f.¡ " \. I I AM',r, "'0'" ~,,.¡{¡( IV.-w""MFln .l'U,:.p'Kr~ I' Þ,,-Ii',{AåS ""T ~"'þ~ : I ð - 8 -- Yé.çrrAßt"" ",r 1.1'''7' I'"'''' /'''-,..... ~,. 111/'1' ".IAlp ~~.~' : ~ 7Zø. eJeJ' ¡lr,,' Y I ... ~ ..- Me-hit I ~ ~ () ,..,,'I'*'II I I -~ ",ø _ ~~~... 'I .. '.1' ',I"l"}'''" ...~ I "I ~ / ,", ..." 'I ~~ ðtØð.eJðl '.' ~ /97791 i ,"'- ./ 1.1'''7' J:I" r· "....... ,,, ~ 1'- , / ", "..... ~.. - , -¡' 1"1 C; .B. -... " }/q 1 -, I -' L. 1 . .:.' ~-,Þ 1 - , ~ ... ð¿J¿/¡VPARY 5YRVEÝ ,,,.. LJ¿¿J¿).CJ5 6,R¿JVE.5 f')r.trdCII ,"#D Ø'aIIIJAt filII' ~ 0_111& t ....., ....., ...... ....I. _... _. .... -..... ... r.._.'~h __.. ....., _h ... litl..,,- '...........1 .............. .. _, I_t" ., .... "_1.. O'IIIEI, SUITEI , O'II'EI, IIC. .........., ......_.1-1 "..... ._..._. .. ....,_ '..11." .,_~.. .........,.t... ....... _~ .. .......1_ ........ .,_.... .'.h"... ç~:::r IHQIHUJtI. IUIIVEYOn, LAND I"LUIHIDn MOl _ ........... _AY. DlUlAY _ ..- /--- /I1P' U,vp .J'P-,yt'""N' ;J'ZZ '''%7... u _ ____<____.__ , - ~ General Contractors . Construction Managers . Design Builders ~ MORGANTI ~ ~) ,% , , ~'v '-i'.t;-' ":; <'v' (,) ~ July 14, 1994 ~:~ .<0-' .\ .",:-. I ~ ,: III .:,;,' Dan Beatty City of Delray 434 S. Swinton Ave. Delray Beach, FL 33444 Dear Dan: Confirming our phone conversation of 7/8/94 per the Interlocal Agreement Delray Beach is to provide access into Elementary School I91 at Germantown Road adjacent to Blood Orchard. In anticipation of the South Florida Water Management approval on 7/25/94, Morganti is requesting that you have the temporary access road through the park by that date. Morganti appreciates your cooperation. Sincerely, ~p Project Manager cc: Brian Harker, SBPC Gerry Kelly Morganti F1orida, Inc., 4362 Northlake Boulevard, Suite 214, Palm Beach Gardens, FL 33410 Phone: (407) 624-8104 Fax: (407) 624-7866 Connecticut . Massachusetts . Texas . Washington, DC . Kuwait · Egypt , , . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f'J1- 1 SUBJECT: AGENDA ITEM i 10· A. - MEETING OF JULY 19. 1994 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 56-94/REZONING FROM MIC TO CF TO ACCOMMODATE CO-TRAN SATELLITE BUS FACILITY DATE: JULY 14, 1994 This is second reading and public hearing 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 is before the Commission for consideration following the public hearing and action on Ordinance No. 56-94. At the July 5, 1994, regular meeting, Ordinance No. 56-94 was passed on first reading by a vote of 3 to 1 (Mr. Randolph dissenting) . Recommend approval of Ordinance No. 56-94 on second and final 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). ref:a:agmemo11 ~ . . I ! ORDINANCE NO. 56-94 I I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) i DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT¡ I SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND N.W. 1ST STREET; AND AMENDING I "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the ¡ Zoning District Map of the City of Delray Beach, Florida, dated April, I 1994, as being zoned MIC (Mixed Industrial and Commercial) District; I I and , I . , . 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 I I the City of Delray Beach, Florida, dated April, 1994, be amended to I 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 I 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 I North One-Half of the Southwest One-Quarter of the Northeast One-Quarter of Section 18, Township 46 I :1 South, Range 43 East, in Palm Beach County, Florida¡ thence North 11 degrees 48'50" East along said East I right-of-way line of LWDD Canal No. E-4, a distance I I of 20.39 feet to the Point of Beginning, said point i :1 being the intersection of the East right-of-way line of LWDD Canal No. E-4, with the North right-of-way I I . i - line of N.W. 1st Street (a/k/a Don Francisco's Way), I 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 of 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 North 89 degrees 21'29" West along a line parallel to I and 625 feet northerly from the South line of the I North One-Half of the Southwest One-Quarter of the ¡ Northeast One-Quarter of said Section 18, a distance i of 474.62 feet to the intersection of the East , 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 ,1 I 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 acres, more or less, subject to 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. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. - 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. MAYOR i ATTEST: I , , , I i i City Clerk First Reading Second Reading I I i i i i i i I i ! ; I i I I I ! i I i ¡ I 'i :j I I ,I :1 I :1 :1 I i I ! ~ I I I , , - 3 - Ord. No. 56-94 I I \ , ~II \ 7 \ 111/ ,......,., J H:.:;-=> I '''I ~ 7I7f / II I lilT'> .... J , I ~ ~ '0<0 /I. [9} ~,~ ~o~ J0 m /}:~ ~I ~ 11111 1-_)1 / [f , 1.. llf I 7 OL r 831 I -..... --. 1m · -- -- 1 'hHt I ~ l'lILll - == 11m ' - - - TJ\H ¡ , '- J . .J. ~.,J 7 ~ ...~ - '" ITlI 7. 1 _ . I 7J r- V = I ~ _V:~ ~ :¿:~ (I I I T -:7, ,/ ~ iT": "'--- -IIITt- I-- .........~- Loo ^ 11 '"'- v- ,," r ~ /'"'./ ~ ~'- '-'~lkV'~C g ~\ ~! \: N CIn'~DIUIAY~,," CQ- TRAN REZONING -- OICtrAl. BASE MAP SYS7ÐI -- (F tJi J C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~. HAIDE~, CITY MANAGER . /~ . 'NJ-A THRU: DIANE DOMI , DIRE D~TMENT OF PLANNIN ING '~~ FROM: PAUL DORLING, P INCIPAL PL 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 Plan * Location Map * Ordinance by others , 'PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- '''IEETING 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. ~roperty Size...,.......,7.49 Acres , ~ity Land Use Plan.......Commerce City Zoning..............MIC (Mixed Industrial and I Commercial) .; Proposed Zoning..,.......CF (Community Facilities) 1i Adjacent Zoning...North: MIC East: MIC South: MIC OCIN "'-"'OsÇO" .. West: RM (Multiple Family Residential - Medium V1 ~ Density) and RR (Rural V1 Residential) ¡,, a: Existing Land Use........Vacant. a z Proposed Land Use........Rezoning from MIC to CF -- 0 '- to accommodate the (.J establishment of a County bus terminal. ~~1 Water Service............Existing 8" water mains ~[ 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. I 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 0 f N.W. lst 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 from 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 County 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 Facility) . 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 4.4.2l(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 4.4.2l{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. 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. , 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, solid 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 HIC 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) shall be the basis upon which a finding of overall consistency ia to be made. Other objectives and policies 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-I: 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 HIC zoning district. Current permitted uses include manufacturing of ceramics, fiberglass, glass, woodworking, machine shops, automobile paint, body and repair shops, boat repair and service. 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: ttCommercett 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. B) 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 circumatances particular to the aite 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 district. 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. REV I E W B Y o THE 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 Rainberry Lake Homeowners Association Rainberry Bay Villas of Rainberry 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 HIC 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 tor a site development which is likely to provide buffering in excess of that which could be expected with development under the current HIC 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 2.4.5(D)(5) in that the rezoning fails to fulfill at least one ot 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 2.4.5(D)(S). S TAr F R E COM MEN D A T ION: Recommend approval of the rezoning request from HIC 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 2.4.5(D)(5). 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C1 a ude Lemi re Project Co-Ordinator Delray Beach Club Condominium Mrs. Diane Dominges 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 Delray Beach Club Condominium. Sincerely, g~ ~\t~~~~~\Th Claude Lemire s..lO~\~G p\,}.~~\~G Project Co-Ordinator I ~ fPoJ 0/ ~ æeø! 24S High Point Blvd. Delray Beach, Florida 334~ CONDOMINIUM ASSOC. SEC. 2, INC. June 19,1994 Mayor Tom Lynch City of Delray Beach 100 N.W. First Ave. Delray Beach,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 2 DAY ~ WEEK OPERATION of 54 buses in and out of this facility starting at 6 A.M. each day and ending at 10 P.M'6 A.M. until 5 P.M. on Sundays) will have a definite detrimental effect on the area economic growth and neigþborhood 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 Wl~lt~\}1lEID) Ken Ellingsworth p & Z Director,Diane Dominguez JUN 21 \994 PLANN\NG & ZON\NG , - _M~~ ..~.- ~ -..,-, .....-~_... '--- - - , ..-- -~.'.- .~. .¡ ,,- c: City~ission, C~Manager, Direct~f P&Z 6/9/94 .... - . Tate Enterprises ktCt:j~;Eù 1175 N.E. 125 Street· Suite 102 . North Miami, Florida 33t61 JUì" 9 1994 Miami (305) 891-1106 . Ft. Lauderdale (305) 981-4205 . Boca Raton (407) 428-8399 Fax (305)891-6750 CITY CûrvìMISSION 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 Facility, 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 additionally 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~ Q(:::ô7;":;;' ~~t.\~~' STANLEY' G. TATE SGT/b Enclosure: as noted " SI~¥o 'iI O~\~G ßI.~ ~\~G . ~"'~ OTHER OFFICE lOCA 1 IC ~JS Delray Such, FL Ft. Pierce, FL Tallahassee, ~ "<nclen '. " : ,\,:t:· (407) 498-3277 (407) 466-2701 (904)681-6710 k ~:-'ì '-7. ,-.;. ;~.' :'~. ~ ~';" I ----~______W__" ~____---...... " AJtiwJ l{ I ,', ..~j// 17 / )jjß /0- "7 - . / ~ ~ - ld > <( --- r - T ~ r - ~ .__ J·~ll.._ r _ ~ - c . . u. _ . -..__. .. -. - - ~ .. _ -- _ "'.' -- .- . . .- ',. ,--:;: .....-..,- -' . I " \fQ\Te. VI VI " w Pf:lo~e~t.j . rr :<'O~~ ¿ ~ ~ .z:a",~_~_ç.":"j) ~ \~ N ~~ PROPOSED CO- TRAN LOCA nON - ----- """ - . . . HIGH POINT OF DELRAY BEACH CONDOMINIUM ASSOCIATION 292 HIGH POINT BOULEVARD DELRAY BEACH. flORIDA 33445 SECTION I June 7, 1994 Mayor Thomas Lynch City of Del ray 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 Del ray 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\ß~~t.\ID £~~. ~Sident JU~ 9 ,qq.. s.:z.ON\NG cc: Comm. Jay Alperin \'l~~N\NG , Dave Randolph Barbara Smith Ken Ellingsworth / p & Z Di r. Di ane Dåmi lig;üez . , .ij ~ ~~ . . '<~ ;.., ~, ,. HIGH POINT OF DELRAY('/~.' '.- ~~' _, ., ~.~ , .(\: ~r.:.. ( "'-';.00 ".., . ,\ ~ . CONDOMINIUM ASSOCIATION - SECTION IV INC. ~l ,"0 :<Ä';'- 82<4 CLUB DRlvt \"t:., . t(1 / ~ <,:. DEWY BEACH, FLORIDA 33445 ,C. \T ./ \'-" . ,. June 1, ).l~~4 ,/ (",\. .. !" . Mayor Tom Lynch . city of Delray Beach 100 N.W. First Avenue Delray Beach, Fl. 33444 ReI Proposed Co-Tran Bus Facility, West Side of Congress Ave. between Atlantic Ave. & Lake Ida Rd. Dear Mayor Lynchl We oppose Co-Tran Bus Satellite FacDlity 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 5:30 A.M. returning about 9:00 A.M.; then out again about 3:00 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 destror the possibility of any improvement to Congress Ave. as an Enterpr1se Zone. We s~ould adhere to the City Commission Proposal earlier this year to rezone vacant parcels described in P & Z Memo of 3/ll{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 DirJl~ ~ _ Dave Randolph Barbara Smith f~ \(}¡.åQæ9r-. ~ ~_ Ken Ellingsworth Be r Lillenst~~es. Planning & Zoning Director / (' t~L Diane Dominguez Gerald Pil1ppi, V1ce-P , s . - 1 . . May 20 1994 TO: Diane Dominguez, Director of Planning and Zoning, City of Delray Beach ~ROM: Harrjs Baer, 2009 N~ 18 St Delray leach FL 33445 Thank you very much for takin~ the time to reply to me with your letter of May 12, 1994, rega.rding the proposed CoTran Facility. Your explanations were very helnful, but my original concern about the imua.ct of this 'PlAn rema.ins alive. The public hearing of the Planning e~d Zoning 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. ~(,¡,\~'l' " \c¡q~ ~t." 'l." O~\~G G ~ -V ,. ~~\~ ?~ i , . .. ., 51. . ro: . D:i.ane Dominguez - Please ", ond for the h:~~.:¿¡U='0 -- Mayor's signature. H . ' / amB E. Baer ¡1YH 2 6 \994 MLD for TEL 2009 N, W. 18 SlTeet (esf.~ Oelray ßeach, FtariJa 33445 ;::lï! C(),i"t\~:'d~ì~;'. 1 U1 l!~ "prl1 2,_ lß:1 ~ h ;~aYOr Tho'l:::-" 'L'f1ch <;/f)-{ Ii'-! De rFW ~epch '.j i ty ;! r-'~ 1 {J Delr~y ~ench ~. _ ~1e: Co'I'rc:m Bus nëar Sir, AS a re~iCGnt of DelrBV le~ch, Ijvi~~ in the vici~ity ·f the 'Dlanneci ~us Î cility, 11PY I C::c'Ô my voice to t~o~e ory~o~in~ this loc~t O~. Conp;ress ¡\V0nue !<!'1¿ ;...t18ntic !\venue :~re one of the busiest i~~ersections of our city, the ~e~ school Rt ~~r~'ick ont ~tlantic ~ill undou0toðlv ari,., ~ incre2.:::.eè traft'ic, both sc~!o()l 'uses p.~cl urivRte c~rs to this section or t~e city. 30meone of the COTr2_'1 te9.m stateè tbat the r~lnr¡ ÒO(~:~ not provide for 8, np..ssenlier facility r:t this locatio?'}, ",,'hichfleans there>re no tr' n '- portz.tion "d' A.nt8:?;6S thet '.'.'e c;.'n eXT)ect. If the ne':. bu' ldi''ln: ',' ill function as a bu~ ;.:.tOT) denot, it ~ost certainly :ill not only ?ttrFct 8dditio~ol tr~fric, but ,Iso all the ne~Ftjvr 8ßT.\ects founò ne~.r a bus (Ì P~ot, loi terinp:. tr. '. r etc. :\ut :"':!" m~;'in co;:"'cer'1 is thé i0cr€:!'Se in tr'"'f'~},c n?~otiQti~~ in ~nd out of t~~t busy corntr. A3 e. re;:·:lcen~. of the Pine:: of De1.rr'r'orth. ·..e h8ve hFt(~ to bpttle the ðisaðvl''l'ltages of bei'~:¡ ne~r the '?ste 8ter Pla~t, no~ fortv,pte:y no lonp;er the nuisenr:e 1"t '. r-:3 tor ;:.0 .to··;.: 1" the past , but I åon' t v.'p.nt o::",e dilemma r~ph",ceCl with' anotl:er. t. ;: PLEAS E ~ . J... h . ;(;' I' J'- Ii ·,,,,.t';;"\.:1 "'':'~.''., '.- ~. / /\. /, \"" ~-~. '" ""_ _ ... <0. ... ........... , i \' -/ \, ....". \J' I -- ~~í§\~' ~\'V . ~ \0,q~ \\ .~~{ . .' :', .. '" . . ' ~ : 'r.', , . ,~ P J. ,. ..\..:.... ' " .,,~ . , " ¡.... . r 1- , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: YCITY MANAGER SUBJECT: AGENDA ITEM # /0· A· I. - MEETING OF JULY 19 , 1994 CONDITIONAL USE/CO-TRAN SATELLITE FACILITY DATE: JULY 15, 1994 This is before the Commission to approve a Conditional Use request to establish a "transportation terminal" (Co-Tran bus terminal) pursuant to Section 2.4.5(E) of the Land Development Regulations. The property is located on the west side of Congress Avenue, north of N.W. 1st Street, immediately east of the E-4 Lake Worth Drainage District canal. A detailed Staff Report is attached which contains a full analysis of the request. The Planning and Zoning Board reviewed this item at a public hearing on June 20, 1994, and recommends approval of the Conditional Use request to establish a transportation terminal at the site. This item is conditional on Commission approving the associated rezoning from MIC to CF for the subject property ( Item 10.A. Ordinance No. 56-94 on tonight's agenda). ~ I/~o , , . . 1< E..(!E¡(}W //19/9'1 COTRAN CONDITIONAL USE File Number: 94-113-USE-CCA The following list of documents are contained in this file as of 7/14/94: 1.) Bound Report, Dated: April 22, 1994, "Evaluation of Categorical Exclusion Standards for Palm Beach County Transit Authority, Delray Beach Satellite Facility" - Prepared by: Facilities Planning, Design & Construction Department, Capital Improvements Division. 2.) Letter of 5/3/94 from Harris E. Baer to Mayor Lynch - RE: "Objections to Proposed CoTran Bus Depot" . [Diane Dominguez responded for Mayor Lynch's Signature on 5/12/94] 3 . ) "Conditional Use Application" - Project Name: CoTran South County Satellite Facility; Applicant: Palm Beach County Board of County Commissioners; Date Received 5/11/94. 4.) Letter of 5/24/94 from Paul Schofield to Paul Dorling [with Attachments] - RE: "Additional Information Requested on the CoTran Rezoning". 5. ) "Project Review Checklists" of 5/24/94 from Fire Department and Engineering Department 6 .) Bound Report, Dated: June, 1994 "Draft Evaluation of Noise and Air Quality Impacts" - Prepared by: Stanley Consultants, Inc. , for Palm Beach County Facilities Planning, Design and Construction Department. 7. ) Inter-Office Communication - Palm Beach County of 6/1/94 from Dan Wiesberg [with Traffic Concurrency Application Attachment] to Paul Schofield - RE: "Analysis of the Traffic Impacts of the Proposed CoTran Satellite Facility". 8.) Letter of 6/1/94 from High Point of Delray Condominium Association - Section IV, Inc. , Board of Directors to Mayor Lynch - RE: "Objections to Proposed CoTran Bus Depot". 9.) Letter of 6/7/94 from High Point of Delray Condominium Association - Section I, Inc. , Board of Directors to Mayor Lynch - RE: "Objections to Proposed CoTran Bus Depot". 10.) Letter of 6/8/94 from Jasmin Allen to Patrick A. Martin, P.E. - RE: "Notice of Development Petition (CoTran) which Lies Adjacent to the LWDD E-4 Canal". 4 Appeal of Administrative Decisions CoTran Conditional Use Page 2 11.) "Notice of Conditional Use, Public Notice t 94-113" - Published June 9, 1994, in Delray Beach News. 12. ) Copy of Legal Notice which was published June 9, 1994, in the Delray Beach News - RE: "Notice of Conditional Use, Public Notice # 94-113" - 13. ) "Public Notice, File t 94-113", Date Mailed: June 9, 1994, [Location Map & Mailing Labels Attached]. 14. ) "Newspaper clipping" of 6/9/94 [The News] on CoTran Bus. 15.) Bound Report, Dated: June 10, 1994 "Phase 1 Audit for CoTran South County Satellite Facility Delray Beach, Florida" - Prepared by: Palm Beach County Department of Environmental Resource Management and Palm Beach county Facilities Planning, Design & Construction Department. 16. ) Special Notice to Neighborhood Associations, Date Mailed: June 10, 1994 - RE: "CoTran". 17.) Site Plan, CoTran South County Maintenance Facility, June 13, 1994. 18.) Special Notice to Neighborhood Associations, Date Mailed: June 14, 1994 - RE: "CoTran" . 19.) Letter of 6/19/94 from High Point of Delray Condominium Association - Section 2, Inc. , Board of Directors to Mayor Lynch - RE: "Objections to Proposed CoTran Bus Depot". 20. ) Planning and Zoning Board Staff Report, Meeting of 6/20/94 from Paul Dorling - "Conditional Use for CoTran Satellite Facility". 21.) Letter of 6/24/94 from Claude Lemire, Project Coordinator, Delray Beach Club Condominium to Diane Dominguez - RE: "Review of CoTran's Plan Project" 22. ) Sketch Plan of Site, July 5, 1994. 23. ) City Commission Documentation, Meeting of July 19, 1994, from Paul Dor1ing - RE: "Approval of a Conditional Use Request to Establish a "Transportation Terminal" (i.e. bus terminal) on the West Side of Congress Avenue North of N.W. 1st Street. 24. ) John Walker's Statement of 8/2/94 - RE: "Comprehensive Plan". 25. ) John Walker's Statement of 8/2/94 - RE: "Land Development Regulations". 26.) Concept Sketch of Site [Undated] . 27. ) Site Plan, CoTran South County Maintenance Facility, [Undated] . T:\Appeals\CoTran.Con , / é C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER L f:,Ò. THRU: DIANE DOMINGUEZ DI CTOR D~ENT OF PLANNING AND ZONING âJ~ FROM: PAUL DORLING I B INCIPAL PLANNER SUBJECT: MEETING OF JULY 19, 1994 APPROVAL OF A CONDITIONAL USE REQUEST TO ESTABLISH A "TRANSPORTATION TERMINAL" (Le. bus terminal) ON THE WEST SIDE OF CONGRESS AVENUE NORTH OF N.W.1ST STREET. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a conditional use request to establish "Transportation Terminal" (i.e., bus terminal), pursuant to Section 2.4.5 (E) of the Land Development Regulations. The property is located on the west side of Congress Avenue north of N.W. 1st Street, immediately east of the E-4 L.W.D.D. Canal. A sketch plan is accompanying the request and is attached as Exhibit "A". A full site plan will be required if conditional use approval is granted. 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. A rezoning from MIC (Mixed Industrial and Commercial) to CF (Community Facility) was considered at first reading by the City Commission on July 5, 1994 and is being considered for second reading concurrent with the conditional use request. 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. I City Commission Documentation CoTran Conditional Use Page 2 PROJECT ANALYSIS: The Conditional Use request is to establish a 7.49 acre CoTran satellite facility which will serve the South County area. The facility will have a total of 59 buses of which 49 will be dispatched daily and 10 will serve as spares. The facility will contain a 6-bay 10,000 sq. ft. maintenance building, a 4,000 sq. ft. operations building, parking for employees and buses, and landscape buffer areas. Of the 59 buses, 44 will be 23-person passenger buses, 5 will be 31 person intermediate size buses, and 5 will be 40 person buses. The remaining 5 buses will be a combination of the above as needed. The facility will also have 10 para-transit vans which provide door to door service for handicapped persons. The bus drivers will operate in two shifts. The shifts will begin at approximately 5:30 A.M. and end between 7:30 and 9:00 P.M. Buses would begin pulling out between 6:00 A.M. and 7:30 A.M. , and remain out on the routes most of the day. Some buses which serve the peak hour demand will return to the site after the morning peak period and return to their routes during the the afternoon peak hour. All buses will return to the site between 7:30 to 9:00 P.M. where they will be fueled, washed, and parked for the night. The maintenance employees will work on two shifts. The day shift will work from 7:30 A.M. through 3:30 P.M., and the evening shift will work from 3:30 to 11:00 P.M. Light maintenance only will be carried out on the site. No major repairs to engines, transmissions, or vehicle repainting will be accomplished at this facility. All major repairs will occur at the main facility in West Palm Beach. The basic function of the maintenance facility will be to fuel and wash buses upon their return to the site. This activity will take place between the hours of 6:00 P.M. and 10:00 P.M., Monday through Saturday, and will be complete by 5:00 P.M. on Sunday. In addition to washing and fueling buses, the following light maintenance work would be conducted; * Scheduled preventive maintenance (oil changes, inspections, etc. ) * Minor electrical and air conditioning repair * Tire repair and mounting * Brake repair The application is accompanied by a sketch plan showing the general location of the components of the operation. Wide land- scape buffer areas are proposed along Congress Avenue, and particularly along the west property 1 ine where a berm, trees, and hedges will be provided in addition to a large green belt which will be dedicated to L.W.D.D. , city Commission Documentation CoTran Conditional Use Page 3 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 * 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 (attached to the rezoning request documentation). 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 made positive findings in accordance with applicable LDR sections, and recommended approval of the Conditional Use request on a unanimous 6-0 vote. RECOMMENDED ACTION: Approve the Conditional Use request based upon the recommendation of the Planning and Zoning Board and upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding) and policies of the Comprehensive Plan subject to the following conditions: 1. The approved use is to contain a maximum of 59 buses and 10 para-transit vans. These buses are to made up of 44 small buses (approx. 22 person capacity) 5 intermediate buses (approx. 33 person capacity) and 5 large buses (approx. 40 person capacity) . The five additional buses which will serve as 5 of the 10 spares can be a combination of the above as needed. The on-site maintenance is limited to the following activities; * Scheduled preventive maintenance (oil changes, inspections, etc. ) . , City Commission Documentation CoTran Conditional Use Page 4 * Minor electrical and air conditioning repair * Tire Repair and mounting * Brake repair Public announcement (PA) systems are prohibited. The hours of operation are limited to 6:00 A.M. to 9:00 P.M. for bus dispatch and 7:30 A.M. to 11:00 P.M. for maintenance operation. 2. That a site plan be processed which in substantial conformity with the accompanying sketch. 3. That landscape and engineering plan be provided which accommodates the following items: * Installation of a 8 ' earth berm with trees and mid level plantings which substantially exceeds minimum landscape requirements along the west property line. A double row of trees staggered 25' on center with extensive mid level planting is recommended. * Installation of a berm with trees and mid level plantings along Congress Avenue which exceeds minimum landscape requirements. * Construction of N.W. 1st Street to City Standards including an acceptable turn around at the western terminus. * Construction of a lift station at the southeast corner of the site and design to a sufficient depth to allow gravity flows from properties to the south and north. 4. Continued compliance with all applicable noise and air quality standards as currently in existence and as may be amended or added in the future. y:cotran Attachment: * Planning and Zoning staff report * Sketch Plan * Location Map , . . & I I ~ - ~. lId I :::::::1:::::: --1-- -- -- . I ¡ -- -- -- -- -- -- -- -- ---- r¡ I - =-! -- - - - . - - -- -... --- i --- -------... L___ -"'T ~.. "... It " =:;;;;;;::)------- i I ì ~ i ~ \ '11 " EXI//¿¡,/ , ,PLANNING AND ZONING BOARD . erN OF DELRAY BE. .CH --- TAFF REPORT --- MEETING DATE: June 20, 1994 AGENDA ITEM: V. A. ITEM: CONDITIONAL USE for CoTran Satellite Facility. GENERAL DATA: Owner,...................Berthe Sendzimir c/o 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. ,':) I z Property Size............7.49 Acres w ---- ..¡ I > City Land Use Plan.......Commerce j--~_ < City Zoning.... ..........MIC (Mixed Industrial and I Commercial) j Proposed Zoning..........CF (Community F<!~illties) .... "'( ~ lJ..' Adjacent Zoning...North: MIC ~ East: MIC I Sou th: M I C ¡..J . DON FIWOOSCO"S West: R!1 (Multiple rami! y I~,' Residential - ~edium 0,' "j ..-.,- VI ~ Density) and RR (Rural I VI Residential) , ,------ '-- w . Q: Existing Land Use........ Vacant. ,. 0 I Z Proposed Land Use....... .Condi tional Use approval ¡- ' - -, -.'. 0 for the establishment of! u a County bus term! nal. /" _ Water Service............Existing 8" \o,'ater mains ~~" ..,1 along Congress Avenue and to;!'" a 2 I main in t,ri 1st Street. /,/ ·L'" Sewer Service............Existing a" sanitary sewer /' I . ~ main along the e~st side I / "' \ ~ of Congress A":em:£, V p.. ~ j/ é1pproximr\tely ';00' south ----¡:~r~ of the subject property. '1-- \ N.l._.....-· ! 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 Conditional Use request to establish a "Transportation Terminal" (i.e., bus terminal), pursuant to Section 2.4.5 (E) of the Land Development Regulations. The property is located on the west side of Congress Avenue north of N.W. 1st Street, immediately east of the E-4 L.W.D.D. Canal. A sketch plan is accompanying the request and is attached as Exhibit "A". A full site plan will be required if conditional use approval is granted. 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. In November 8, 1988, the parcel was annexed into the City of Delray Beach with an LI (Light Industrial) zoning 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 Mixed Industrial and Commercial District (MIC) was applied to this property. A rezoning from MIC to CF to accommodate a proposed CoTran bus transfer terminal is before the Board as a separate item. PROJECT DES C RIP T ION: The Conditional Use request is to establish a 7.49 acre CoTran satellite facility which will serve the South County area. The facility will have a total of 59 buses of which 49 will be dispatched daily and 10 will serve as spares. The facility will contain a 6-bay 10,000 sq. ft. maintenance building, a 4,000 sq. ft. operations building, parking for employees and busses, and landscape buffer areas. Of the 59 buses, 44 will be 23-person passenger busses, 5 will be 31 person intermediate size busses, and 5 will be 40 person buses. The remaining 5 buses will be spares and be a combination of the above as needed. The facility will also have 10 para-transit vans which provide door to door service for handicapped persons. The bus drivers will operate in two shifts. The shifts will begin at approximately 5:30 A.M. and end between 7:30 and 9:00 P.M. Buses would begin pulling out between 6:00 A.M. and 7: 30 A . M. , and remain out on the routes most of the day. , , P & Z Staff Report Conditional Use App~_~al for CoTran Satellite F~_ility Page 2 Some buses which serve the peak hour demand will return to the site after the morning peak period and return to their routes during the the afternoon peak hour. All buses will return to the site between 7:30 to 9:00 P.M. where they will be fueled, washed, and parked for the night. The maintenance employees will work on two shifts. The day shift will work from 7: 30 A.M. through 3:30 P.M., and the evening shift will work from 3: 30 to 11:00 P.M. Light maintenance only will be carried out on the site. No major repairs to engines, transmissions, or vehicle repainting will be accomplished at this facility. All major repairs will occur at the main facility in West Palm Beach. The basic function of the maintenance facility will be to fuel and wash buses upon their return to the site. This activity will take place between the hours of 6:00 P.M. and 10:00 P.M. , Monday through Saturday, and will be complete by 5:00 P.M. on Sunday. In addition to washing and fueling buses, the following light maintenance work would be conducted; * Scheduled preventive maintenance (oil changes, inspections, etc. ) * Minor electrical and air conditioning repair * Tire repair and mounting * Brake repair The application is accompanied by a sketch plan showing the general location of the components of the operation. Wide landscape buffer areas are proposed along Congress Avenue, and particularly along the west property line where a berm, trees, and hedges will be provided in addition to a large green belt which will be dedicated to L.W.D.D. CONDITIONAL USE A N A L Y S I S: 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 Future Land Use Map designation for the property is "Commerce". The allowable zoning designations which are deemed consistent with the Commerce Land Use designation are: , , Þ & Z Staff Report , Conditional Use AppL_~al for CoTran Satellite FQ~ility Page 3 RT Resort Tourism OS Open Space PCC Planned Commerce Center MIC Mixed Industrial and Commercial (current zoning) CF Community Facilities The site is presently zoned MIC (Mixed Industrial and Commercial). The Condi tional Use request is accompanied by a request to rezone the property to CF (Community Facility) . The proposed use of a "Transportation Terminal" is allowed as a Conditional Use within the CF zoning district. Concurrency: (Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. ) Water: Potable water service exists to the site via a 8" water main which runs along the front of the property and the west side of Congress Avenue. The f ire hydrant spacing in this area currently meets the minimum 300' spacing required for industrial uses. Installation of a fire hydrant on site may be required. Sewer: A 20" force main currently exists along the west side of Congress Avenue in front of this site. Access into force mains is not available without the installation of an on-site lift station. Sewer service to the property will require construction of a lift station at the southeast corner of the site. The lift station is to be designed at sufficient depth to accommodate gravity flows from the north, west and south. Gravity mains are to be provided along N.W. 1st Street from the operations building and along Congress Avenue from the maintenance building. Mains in these locations are needed to meet the requirements of the Public Facilities Element of the Comprehensive Plan, Policy C-3.3, and LDR Section 5.3.3 (F) which require extension of mains to the furthest property line. Streets and Traffic: Pursuant to LDR Section 5.3.I{E), Improvement Obligations, development shall provide for the construction of street improvements associated with the project. When a full local street standard (i.e., a new road) is required to carry traffic to and from the project, the project has to provide the necessary travel lanes to accommodate vehicles accessing the site. If it is impractical to construct the improvements, the obligation may be met by payment of cash funds equal to the current cost of such improvements. I , 'p & Z Staff Report ~ Conditional Use App~_~al for CoTran Satellite F~~ility Page 4 The development proposal will be taking access from N.W. 1st street which is an undeveloped local street. This development will be responsible for the construction of N.W. 1st Street from Congress Avenue to the west terminus at approximately the E-4 Canal. Accommodation of the road will require an additional dedication of 5' along the south property line, and a 100' diameter right-of-way dedication to accommodate a cul-de-sac required pursuant to LDR Section 6.1.2 (B)(4) . The location of the cul-de-sac is to be determined during the platting and site plan process. The property south of the site in which a portion of the cul-de-sac would be located, is currently undeveloped and has not dedicated 1/2 of the right-of-way for the cul-de-sac. Several design alternatives are available including; * Off set the cul-de-sac and build the entire cul-de-sac on the CoTran property, utilizing only the existing 25' dedication provided by the southern parcel. * Have CoTran dedicate 1/2 the right-of-way for a cul- de-sac and build an acceptable temporary T-turn around. With development of the parcel to the south, require dedication and construction of the cul-de-sac. * Require the applicant to obtain the additional right of-way from the property owner to the south and construct the full cul-de-sac. Right-of-way: Pursuant to Section 5.3. 1 (D)(2), a minimum right-of-way dimension of 60'is required for all local streets. The proposed total dedication width for N.W. 1st Street is 50' . Pursuant to Section 5.3.1(D)(4), where the City Engineer supports a reduction in the required width and where there are no safety hazards associated with such a reduction, the body approving the development application may grant a reduction. Given the limited length of N.W 1st Street and the limited numbers of properties it serves the City Engineer supports the reduction to a 50 'width. A formal reduction request will have to be processed for approval by the Site Plan and Appearance Board. Drainage: The drainage for the site will be accommodated by on site retention area. The drainage will be pre-treated prior to entering the retention area by a series of grease and solid waste traps. The on site retention area will overflow into the adjacent E-4 canal. If the conditional use is approved a site plan with associated engineering plans will be required. Parks and Open Space: Parks and Open Space dedications do not apply to commercial or industrial properties. , P & Z Staff Report Conditional Use App~_~al for CoTran Satellite Fh~ility Page 5 Solid Waste: The proposed use is anticipated to generate 38.6 pounds per sq. ft. of floor area (operations building) and 9.3 pounds (maintenance building ) per year or a total of 518,040 pounds. This volume is approximately 100,000 pounds per year higher than the current allowed uses under the MIC zoning district (82,000 * 5.1 pds per year) . However, adequate capacity exists at the landfill to accommodate waste. Consistency: Compliance with the performance standards set forth in Section 2.4.5(E)(5) (Conditional Use Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. A review of objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies were found: Traffic Element Policy A-l. 4: The City, through this policy statement, endorses the continued operations of the CoTran Transit system and its operations in Delray Beach. While this policy does not address expansion of the CoTran system it does affirm the City's commitment to the mass transit system. Future Land Use Element Policy C-l. 5: The City shall concentrate efforts in the heavy industrial and undeveloped areas along arterial roadways in order to provide a better image of the community. Such efforts should include: * enhanced and continuous code enforcement efforts; * legislation which requires heavy industrial uses to provide perimeter landscaping of their sites; * owners of vacant property shall provide a landscaped appearance of their properties. The development of this property with the CoTran facility will eliminate the ability of the site to be developed with heavier industrial uses. Permitted uses allowed under the MIC zoning district include manufacturing of ceramics, fiberglass, glass, woodworking, machine shops, automobile paint, body and repair shops, boat repair and service. The sketch plan accompanying the request provides a green buffer along Congress Avenue which is to be heavily landscaped. It is recommended as a condition of approval that the landscaping include a berm, heavy plantings of trees 25' on center and in staggered rows with mid level plantings. A similar landscape scheme is proposed to the west perimeter of the site adjacent to the E-4 canal. . · 'p & Z Staff Report Conditional Use App1_~al for CoTran Satellite FQ~ility Page 6 Section 2.4.5(E)(5) (Standards -for Conditional Use Actions): Pursuant to Section 2.4.5(E)(5) (Findings) in addition to provisions of Section 3.1.1, the City Commission must make findings that establishing the Conditional Use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; and B. Nor that it will hinder development or redevelopment of nearby properties. This site is bordered by MIC (Mixed Industrial and Commercial) zoning to the north, south and east, and the E-4 L.W.D.D. Canal, Rural residential and RM - Medium Density Residential property to the west. In order to assess the potential impacts of this operation on adjacent properties, the applicant was asked to provide specific information with respect to traffic, noise, and air quality. The following is a summary of the information provided. Traffic: The current development potential for this parcel as currently zoned could generate up to 2,532 daily trips. The proposed CoT ran facility will generate 508 daily trips representing a potential net reduction of 2,024 daily trips. Capacity exists on adjacent roadways to accommodates this facility. In addition to the reduction of trips in the immediate vicinity the facility by nature of the use will also reduce traffic both City and South County wide. Noise Levels: A noise analysis was conducted consisting of ambient monitoring of existing conditions and projecting future noise levels using Florida Department of Transportation (FOOT) and Federal Highway Administration (FHWA) predictive models. Ambient noise monitoring was conducted at two locations: the existing CoTran facility near the intersection of Florida Mango Road, and in Delray Beach along Davis Road, west of the proposed satellite facility location. The testing was conducted using sound meters placed at approximately 5' from the ground representing average human ear height. Noise levels were monitored at the existing facility site between 5:00 A.M. and 6:30 A.M. on June 1, 1994. This time period was chosen as it represented peak bus usage at this site. Background noise levels near the proposed satellite facility site were monitored between 5:55 A.M. and 7:00 A.M. on June 2, 1994. Monitoring levels were generally between 50-60 decibels at both the Delray and West Palm Beach locations, and were the result of traffic noise on Belvedere Road and Florida Mango Roads at the existing facility, and Interstate 95 and Congress Avenue at the Davis Road site. Both locations showed the influence of rush hour traffic, with increases of 2-3 decibels levels over the monitoring periods. Þ & Z Staff Report Conditional Use Appl._"al for CoTran Satellite Ft.....ility Page 7 Pursuant to Section 99.01 (Noise Ordinance) (A) & (B) the receiving residential land uses shall not receive decibel readings which exceed 70 decibels between the hours of 10:00 P.M. and 7:00 A.M. and 75 decibels between 7:00 A.M. and 10:00 A.M. In summary, the study found that the noise levels at both sites were similar, ranging from 55 to 57 decibels averaged over the monitoring period. From observations at the existing facility, a total contribution from bus movements was estimated at .7 decibels. Noise modeling at the proposed new facility indicated a potential increase of .8 decibels at the monitored station and a maximum of 2.3 decibels at the closest point off-site. With the addition of a proposed earthen noise berm and associated vegetation, changes of less than one half decibel are predicted. Decibel changes in this range are not discernible. Air Quality' Odors: An air quality study was conducted which measured current air quality at both sites and projected of impacts of emissions using FDOT and FHWA predictive models. Existing air quality in the Delray Beach area is considered good with ambient levels of automobile and bus-producing pollutants, such as particulate, nitrogen oxides and carbon monoxide, at well below national and state ambient air quality standards. The study concluded that the entire facility would contribute 56 pounds of carbon monoxide pollutants per day; 15 pounds of nitrogen oxides and 9 pounds of volatile organic compounds. This is very light compared with the 3,200 pounds of carbon monoxide generated daily from existing vehicles on Congress Avenue. It is further noted that emissions from vehicle trips which would be generated from potential development of the site under the the existing MIC designation would exceed these levels. In summary, the study found that the increases in carbon monoxide levels from the addition of the proposed facility will be less than one part per million in the residential area west of the site. Significant impacts are expected to occur only within 10 feet of the facility. In addition to the above, compatibility concerns also center around the aesthetic aspects of the development proposal. Of greatest concern is the west property I ine which abuts residential property and the treatment along the Congress Avenue corridor. The accompanying sketch plan provides the following; , .p & Z Staff Report " , Conditional Use App1~~al for CoTran Satellite Fè~ility Page 8 West property line: The development proposal will be separated from abutting residential properties by 80' of Davis Road right-of-way, an 80' existing L.W.D.D. ROW, and an additional 55' L.W.D.D. ROW (to be dedicated), for a total of 215' to the property line. Within the property line an additional 15' landscape area, 140' of lake (northwest corner) or 140' of employee parking area are proposed before the first bus parking space. This represents a minimum distance between bus parking to any residential property line of 370' . Within L.W.D.D. easement area and on site landscape area a 8' earth berm is proposed with extensive trees and mid level plantings. Staggered rows of tree 25' on center should be considered. This landscape feature will provide a visual screen as well as act as a noise abating feature. East property line (Congress Avenue): A minimum of 30' of landscape buffer area is proposed along Congress Avenue. It is recommended this buffer area contain a substantial berm and trees and mid level planting. Given the above studies and components of the sketch plan a positive finding with respect to compatibility with adjacent properties can be made. Compliance with Land Development Regulations: The sketch plan submitted with the Conditional Use request is in general conformity with the LDR's. However, the following LDR requirements are highlighted at this time so they can be incorporated in subsequent site plan submittals. Pursuant to Section 4.6.16 (H)(4) (d) foundation plantings are required at the base of all buildings which can be seen from the adjacent right-of-ways. Pursuant to Section 4.6.16 (H)(3)(i)&(j)&(k) all vehicular parking spaces are to have a landscape island a maximum of every 10 spaces, end in terminal landscape islands and have a central landscape island were they abut head to head. Pursuant to Section 4.3.4.(H)(6) a perimeter landscape buffer along Congress a minimum of 30' is required. OTHER: In March, 1994 the Planning and Zoning Board considered a zoning change from MIC to LI for this property and others within the Congress Avenue Corridor. The City-initiated rezonings were in response to concerns with compatibility of the outside uses within the MIC district. The rezoning proposals were not passed and alternative changes are under consideration to modify the MIC district to require that properties zoned MIC have all uses conducted in an enclosed building (excluding outside storage). , P & z Staff Report .- Conditional Use Appl._Y.ral for CoTran Satellite Fc......ility Page 9 If the zoning on this property is changed to CF (Community Facility) it will not be subject to the proposed text amendment. However, the use can be found to be generally consistent with the amendment in that while this facility has an outside component ( Bus parking) it will be well screened from Congress Avenue. In addition, most components of the use, dispatching and maintenance will be conducted inside. South County Service area: The greater Delray Beach area will be served by 47 busses daily (Monday through Friday). Twenty five of these buses will be housed at the South County Facility while the balance will be located at the West Palm Beach Facility. More than half of the buses operating from this site, will directly serve the greater Delray Beach area. Employment aspects: The facility will create 115 additional bus driver positions, 14 maintenance positions and 4 supervisor positions. While it is not clear how many existing employees will bid work assignments out of the Delray site, based on the residential addresses of CoTran's existing work force it is believed that at a minimum at least 60% of the satellite facility positions (80 positions) will be new jobs. The estimated annual payroll for the eighty (80) new pos i tions in the Delray area is approximately $2,250,000 excluding benefits. CoTran is currently in discussion stages with the Private Industry Council to work out an arrangement wherein they would select and train the new bus drivers and entry level maintenance staff needed for this site from the local area. Location criteria: One of the primary reasons to locate a satellite facility in the south county area is to minimize the non-revenue miles now travelled by the buses which serve the South County area. Analysis of the planned new routing structure has determined that two dispatch sites would yield an annual savings of $801,103 ( based on 1993 operating costs) . The "optimum" locations for these facilities based on the starting and ending points of each of the planned new routes are: * Main site: Intersection of 1-95 and Palm beach Lakes Blvd., West Palm Beach. * Satellite Facility: Intersection of 1-95 and Atlantic Avenue, Delray Beach. Depending on the road configuration to and from the "optimum" location, annual operating costs would increase between $35,000 and $50,000 for each mile the site is located away from the "optimum" site. , P & Z Staff Report Conditional Use App~uval for CoTran Satellite Få~ility Page 10 Letters of objection: Several letters of objection have been received from residents and copies are attached. REV I E W B Y o THE R S: This proposal is not located in a geographic area requiring review by either the HPB (Historic Preservation Board) , DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency). If the Conditional Use request is approved, a site plan must be submitted for review by the Site Plan Review and Appearance Board. The site is to be generally consistent with the sketch plan and conditions of Conditional Use approval. Neighborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice has been sent to the following Homeowner associations: P.R.O.D. United Property Association Rainberry Lake Homeowners Association Rainberry Bay Villas of Rainberry Homeowners Association Chatelaine Homeowners Association Pines of Delray North Sudan Subdivision High Point Delray Shores Subdivision ASS E SSM E N T AND CON C L U S ION S: The compatibility of the use is centered around concerns with respect to potential noise, air quality, odors, traffic and aesthetic impacts on adjacent residential uses to the west. A noise study has been provided which indicates that with the installation of a landscaped berm along the west property line the adjacent residential uses will receive less than a .5 decibel increase. Decibel differences in this range are not discernible. The air quality and odor study indicates that significant impacts with respect to air quality will only occur within 10' of the site. The overall increase in carbon monoxide from this facility will be approximately one part per million. This level is less than could be expected from traffic associated with development of the site under the current zoning designation. , " P & Z Staff Report Conditional Use App~Jval for CoTran Satellite F~~ility Page 11 With respect to traffic the terminal facility is estimated to generate 20' of the potential traffic expected to be generated under development of the property with a industrial/commercial use. In addi tion to a potential traffic reduction in the vicinity of the site, the use itself will promote a reduction in traffic in the city and south county area. The aesthetic concerns of the residential properties to the west will be addressed through a buffer area consisting of minimum of 150' (135' of L.W.D.D. canal right-of-way and additional 15' on site buffer) which will contain an 8' berm with heavy tree and mid level plantings. ALTERNATIVE C 0 U R S E S o F ACT ION S: A. Continue with direction. B. Recommend approval of the Conditional Use request based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(D)(5) (Conditional Use Finding) and policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use request based upon a failure to make positive findings. S T A F F R E COM MEN D A T ION: Recommend approval of the Conditional Use request based upon positiv~ findings with respect to Section 3.1.1 and Section 2.4.5~ (5) (Conditional Use Finding) and policies of the compreRensive Plan subject to the following conditions. 1. The approved use is to contain a maximum of 59 buses and 10 para-transit vans. These buses are to made up of 44 small buses ( approx. 22 person capacity) 5 intermediate buses ( approx. 33 person capacity) and 5 large buses ( approx. 40 person capaci ty) . The five additional buses which will serve as 5 of the 10 spares can be a combination of the above as needed. The on-site maintenance is limited to the following activities; * Scheduled preventive maintenance (oil changes, inspections, etc.) * Minor electrical and air conditioning repair * Tire Repair and mounting * Brake repair Public announcement (PA) systems are prohibited. The hours of operation are limited to 6:00 A.M. to 9:00 P.M. for bus dispatch and 7:30 A.M. to 11:00 P.M. for maintenance operation. , .. . P & Z Staff Report Conditional Use AppL~~al for CoTran Satellite Fb~ility Page 12 2. That a site plan be processed which in substantial conformity with the accompanying sketch. 3. That landscape and engineering plan be provided which accommodates the following items: * Installation of a 8' earth berm with trees and mid level plantings which substantially exceeds minimum landscape requirements along the west property line. A double row of trees staggered 25' on center with extensive mid level planting is recommended. * Installation of a berm with trees and mid level plantings along Congress Avenue which exceeds minimum landscape requirements. * Construction of N.W. 1st Street to City Standards including an acceptable turn around at the western terminus. * Construction of a lift station at the southeast corner of the site and design to a sufficient depth to allow gravity flows from properties to the south and north. 4. Continued compliance with all applicable noise and air quality standards as currently in existence and as may be amended or added in the future. a:cotran1 I II11 I I I \ II v Till ""-:> II "'I Jr:::r-tL¡/J ,II ~ I 11 I I I/.:< . r ~ , '/ /II IjTT) ~ I /J I I I If 0 ",-, _ -40 7 l '+II ~ . " -I.J /1 ~ ~ 7l~~ Jr¡ fl ~ ~ .: ~ ~ 1 r I II 1 ,11- _, I /, ~ L /P I 1 ~ J;::: r T 7 U 1 11_ W I ~'m,DII. L '~,"-r- I 1 .....,-J 1 r ,... ... ~ ~ L VL"l L r"1 f 1-] . J 1 I- ~ I ~. - -.J ) -;::.1/ ~ - = ""'l. IJ [IT -1 1~ - I -I 1 I I 7 I/~rn = ~ == C ~ ~l ~ 'f: z ~ Þ ~ l I I I ./71 ~:-r-:.. '\.....: ~ ·U liT ~I .,./ f-- /~. ~ ^' l' -:1 ./f- ~~. r ~ -r _'1 / v/ ... ~"" ~.§9.- ~ ;ß' t "-I- ~~ /~ \ 1-- N cJn'~~:"F1. CO- TRAN REZONING -- {)fG/TAL BASE I/AP SYSTEM -- , , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERÓ7/\ SUBJECT: AGENDA ITEM # / O· B . - MEETING OF JULY 19, 1994 COMMUNITY DEVELOPMENT BLOCK GRANT/PROPOSED OBJECTIVES AND PROJECTED USE OF FUNDS FISCAL YEAR 1994-95 DATE: JULY 15, 1994 In accordance with 24 CRF 570.301(b) (2) of the Community Devel- opment Block Grant regulations, the Proposed Statement of Objectives and Projected Use of Funds by the CDBG is presented for Public Hearing as required by Federal regulation. The City's Federal entitlement allocation is $643,000. This year's application will include a request for $200,000 in Section 108 Loan Guarantee Dollars for the installation of a new pool at Pompey Park. It is expected that the City will earn approxi- mately $6,000 as a result of its participation in the Community Redevelopment Agency's Loan Subsidy Program. Total allocation of $849,000 is anticipated for CDBG projects in Fiscal Year 1994-95. The Loan Guarantee program provided by Housing and Urban Develop- ment has a provision to borrow against current and future entitlement allocations for projects which could not otherwise be undertaken. The City has six years to repay the loan, and will be required to certify that it has made efforts to obtain finan- cing for the pool prior to making application for the loan. An informal Needs Assessment meeting was held on May 25, 1994 to obtain citizen input on the projected use of funds. Several proposals were presented; however, because of the limited amount of funding available, not all proposals are recommended for funding. Recommend approval of Proposed Statement of Objectives and proj ected Use of Funds for Community Development Block Grant projects for FY 1994-95. ~ '-/-0 wi ~ ci up J -& $/5 K, þm cwadaIt/L ~ Þ ~ ;I~ø '¡jJA.L-)/~' b(J~ , , . . - , M E M 0 RAN DUM June 27, 1994 TO: David Harden, City Manager FROM: Dorothy Ellington, Community Development Coordinator Þ ?:' THRU: Lula Butler, Director, Community Improvementvr~ SUBJECT: Public Hearing/Proposed Statement, 1994-95 Community Development Block Grant ITEM BEFORE THE COMMISSION In accordance with 24 CFR 570.301 (b) (2) of the Community Development Block Grant regulations, the attached Proposed Statement of Objectives and Projected Use of Funds is being presented for Public Hearing at the July 19, 1994 Commission meeting. BACKGROUND Federal regulations require that prior to submission of entitlement applications for CDBG funds the governmental entity must hold at least one formal public hearing. An informal Needs Assessment meeting was held on May 25, 1994 at Pompey Park to obtain citizens' input on the projected use of funds. Several proposals from the community were presented at that time. Because of the limited amount of funding available, not all proposals received by the division are recommended for funding. We received requests totaling $223,666 from various non-profit agencies. Requests were made for assistance in the areas of Child Care, Housing Counseling, acquisition of commercial property and other public services categories. The City's 1994-95 federal entitlement allocation is $643,000 plus we expect to earn approximately $6,000 in program income as a result of our participation in the Community Redevelopment Agency's Loan Subsidy Program. Additionally, in order to provide for the installation of a new pool at Pompey Park, this year's application will include a request for $200,000 in Section 108 Loan Guarantee dollars. SECTION 108 LOAN GUARANTEE HUD provides the Loan Guarantee program as a method to finance projects which could not be otherwise undertaken but for this provision to borrow against current and future entitlement , . . . . allocations. The City may take up to 6 years to repay the loan and will be required to certify that it has made efforts to obtain financing for the pool installation prior to making application for the loan and that the timely execution of the project is dependent upon these guaranteed funds. PUBLIC COMMENTS/NEEDS ASSESSMENT At the May 25th Needs Assessment meeting held at Pompey Park, there were comments from the public regarding the need for sidewalks in the SW area, particularly near Pine Grove Elementary. Concerns were also expressed regarding using CDBG dollars for Pompey Park improvements, street improvements and Planning and Administration. Some members of the public felt that these items should be addressed through local general revenue dollars, freeing up funding for more housing rehab and other direct benefits for the community. There was one comment questioning the plan to participate in HUD's Section 108 Loan Program. The comment related to whether it is wise to borrow against future CDBG allocations, effectively reducing the amount available for CDBG-eligible activities. RECOMMENDATION The Staff recommendation for 1994-95 expenditures are presented in the Proposed Statement and Projected Use of Funds. After consideration of public comments, approval/disapproval of this recommendation is at the discretion of the Commission. , PROPOSED STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FISCAL YEAR 1994-1995 INTRODUCTION The Community Development Block Grant (CDBG) was established by Congress with the Housing and Community Development Act of 1974 to provide local governments and residents with funds needed to work in a comprehensive manner towards the improvement of low and moderate income neighborhoods by providing for capital improvements that would adequately upgrade public facilities and amenities, provide for the upgrading of housing, including stimulation of new housing opportunities; economic development activities, public services, historic preservation; reduce conditions which adversely affect the health and safety of community residents and provide for other community development needs having a particular urgency. Each CDBG activity must address one of the three national objectives which are as follows: 1) Activities benefiting low and moderate income persons. 2) Activities which aid in the prevention or elimination of slums and blight. 3) Activities designed to meet the community development needs having a particular urgency. Since the beginning of the CDBG Program (Fiscal year 85-86), the City of Delray Beach's allocation has totaled $4,995,000. All of the funds are spent to improve the area designated as the "CDBG Target Area", which was selected on the basis of the condition of the housing and public improvements, as well as the percentage of low and moderate income residents. FISCAL YEAR 1994 PLAN GOALS The City of Delray Beach has as its overall goal to improve housing opportunities and existing housing stock for the low and moderate income residents, provide for the elimination of blighted conditions that currently exist in the established CDBG target area, to focus the emphasis of the Delray Beach Community Development Block Grant Program on the needs of low and moderate income residents at the neighborhood and metropolitan level. OBJECTIVES The City of Delray Beach has as its basic and continuing objectives for Community Development: , · 1) To improve deteriorated housing units, to develop new housing opportunities and the removal of unfit housing. 2) To reduce conditions which adversely affect the health and safety of community residents, including prevention, mitigation and elimination of fire hazards, unsanitary conditions, hazardous conditions and public nuisance. 3) To preserve community resources and character, including protection of natural resources and the preservation of neighborhoods. 4 ) To provide comprehensive planning to guide community growth, including land use planning, capital improvement planning, new housing opportunity planning, and provisions for economic development. The City of Delray Beach's entitlement allocation for the period of October 1, 1994 to September 30, 1995 is $643,000. Additionally, the City expects to receive $6,000 in Program Income through the participation of Community Development staff in the Community Redevelopment Agency's Loan Subsidy Program. The City of Delray Beach has determined that the primary needs and objectives for community development are: The improvement of housing opportunities/conditions through: housing rehabilitation, clearance of unfit housing, planning for housing needs, development of land to encourage new housing opportunities primarily for low to moderate income families; preservation of the quality of Title IV-A day Care currently available to very low income residents in our CD target area, neighborhood preservation, provisions through public service for special needs of school age children of the CDBG target area, crime prevention, and support for recreational activities for residents of low/moderate income neighborhoods. SECTION 108 LOAN GUARANTEE Project Description and Eliqibility In addition to the 1994-95 CDBG allocation, this application/submission includes a request for $200,000 in Loan Guarantee funds to be used to assist in the cost of replacing the defective swimming pool at Pompey Park Recreation facility. The total cost of the improvement is $768,000 with $568,000 being funded with general revenue. This project is eligible for CDBG funding in accordance with 570.701(b) and ( f) . Pompey Park is located within the CDBG Target area which is comprised of Census Tracts with at least 63% low/moderate persons. Census Tract 67 where the park is located has a population which is 67% low/moderate income. This activity meets 2 , · the National Objective of benefiting a Low/Mod Area. Schedule of Repayment The City of Delray Beach will repay this loan within six years beginning in FY 1995-1996 and ending in FY 2000-2001. The City is requesting that future CDBG annual allocations be reduced by the amount of the annual loan payment in order to satisfy this loan guarantee. 3 , , . COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Proposed Use of Funds Fiscal Year 1994-1995 Proqram Activity Amount 1. Housing Rehabilitation $ 247,270 Provide for approximately 10 housing units to be brought up to standard conditions. Census Tracts 67,68.01,68.02 and 65.02. CDBG Target Area bounded by Federal Highway, Linton Blvd.,I-95 & Lake Ida Road. 100 % Low/Moderate Benefit. 2. Emergency Repair 30,000 Provide for emergency repair for 8 owner-occupied units within the CD Target area. (plumbing, electric, roof, etc.) Census Tracts 67, 68.01, 68.02 65.02. 100% Low/Moderate benefit. 3. Boys And Girls Club of Delray Beach 33,800 Funding provided to pay salaries of one part-time and one full-time position at the Boys and Girls Club of Delray Beach. Club is located within Census Tract 68.01, serving children of the CDBG Target Area. 61% Low/Mod Area Benefit 4. Title IV-A Child Care 31,000 Community Child Care Center of Delray Beach, Inc $21,000 Provide for the funding of one full-time staff position for Title IV-A child care facility. Census tract 65.02. 100% Low/Moderate Benefit. Alpha-time Child Care Center $10,000 Provide for the funding of part-time staff position for Title IV-A Child Care facility. Census Tract 68.01 100% Low/Moderate Benefit. 4 , , . 5. MAD DADS of Greater Delray Beach 31,650 Funding provided for salary of one full-time position to assist in City's Neighborhood Stabilization efforts. Activities of this Community Service organization to take place within the CDBG Target Area. Census Tracts 67, 68.01, 68.02, and 65.02. 61% Low/Mod Area Benefit. 6. Recreation Improvements $200,000 Section 108 Loan Guarantee Funding shall be provided to supplement general revenue expenses associated with installation of a swimming pool at Pompey Park Community Center. Census Tract 67 61% Low/Moderate Area Benefit 7. Road Improvements 160,000 Funding provided to supplement general revenue expenses associated with re- construction of SW 9th Avenue. CT 68.01 61% Low/Mod Area Benefit 8. Program Administration & 115,280 Management Total 1994-95 Allocation $643,000 Total Program Income (CRA) + 6,000 Total Section 108 Loan Guarantee +200,000 Grand Total Proposed CDBG Budget $849,000 a:budgetpg13-13.4 5 , . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (~JI- 1 SUBJECT: AGENDA ITEM # ¡D·C· - MEETING OF JULY 19, 1994 SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 57-94/CHANGING ADVISORY FUTURE LAND USE MAP DESIGNATION FOR DIMARZIO PROPERTY DATE: JULY 14, 1994 This is second reading and public hearing 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. Ordinance No. 57-94 was passed on first reading by the City Commission on July 5, 1994, by a 4 to 0 vote. Recommend approval of Ordinance No. 57-94 on second and final reading. 4",0 ref:a:agmemo15 , · ORDINANCE NO. 57-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE ADVISORY FUTURE i 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 i I 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 Î I WHEREAS, it is appropriate that the Advisory Future Land Use I :1 Map in the Comprehensive Plan be amended to reflect the advisory FLUM designation of Transitional. '\ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE :1 CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I , 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 I Quarter (NE 1/4) of the Southeast Quarter (SE 1/4), ; LESS State Road 806 right-of-way, lying in Section ì 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 :1 hereby changed from Low Density Residential to Transitional. ,I I il ~ I , , I " i Section 3. That the City of Delray Beach elects to make this small . scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)4. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. I , i Section 5. That should any section or provision of this ì 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 6. That this ordinance shall become effective as of I ~ the date a final order is issued by the Department of Community i Affairs or Administration Commission finding the amendment in 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 I before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may II 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 ï I Centerview Drive, Tallahassee, Florida 32399-2100. 'I 'i I .1 PASSED AND ADOPTED in regular session on second and final , reading on this the day of , 1994. ! I , ¡ ·1 II MAY 0 R 11 ATTEST: 1/ ì 1 I City Clerk " d First Reading II il Second Reading :1 I \ ¡ - 2 - Ord. No. 57-94 I :1 i I I I I ,I I I , J !J ~ Jj JJ - F1IANŒS DII'Æ I ~ I L( I ~ ! ¡ ...,c.-O I I < _0 ~ a::: W"'u"ICE DMIf e: _ ~ , I ~ I r NA' 1_.33 .I II :::: ",.. - - .... :::: l1IU I l ~ ::: ... ~ ::::: .... :::: - ...... :::: J:tt ~- ;....... "':..ll..L ~ - .... ~ ~ ~ ~J ..... ~~'t& rUIJjr " ..... ~ '" þ.Cþ.~"\ ...... :::: ~\QQ'tC'-- ...... I ;::: ::::: ::; SC'r\ \ I I I I ~ MTl ~ ~~ c::: - "-tr ~ ~ :::::~ ~ u ~ D ....... ;,...-¡.....- ~ ATLAN~ ~VENUE < CD WEST - ~ - y~ (~~~ y /y ~ ~. -~~ L&~ \ )- ~ ~ ì --- , \ ~ ~ ~ 9"~~~S"\ - ~ / - yO == \ I ~ IX ¡==-= I )-1 - - --: _ :I: 1/ '\.. - =_ '" j / J' r ~ _:/ ~1 - -) I ~[I " N lAND USE AMEND~ENT ~ !IÐ'M':')CVT em IF .., ~ n. - DIt:IrAI. .. II1II' S\'S'7III - , ~/. / '"'. '\ -J ''",l/1 - I I I C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, THRU: DEPARTMENT OF FROM: JEFF PERKINS, 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 I 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 which 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 DELRAY BEACH --- STAFF REPORT --- MEETING DATE: June 20, 1994 AGENDA ITEM: City FLú}1 Amendment from Low Density Residential to Transitional , . ITEM: V.D. , ... ,., -- - ~~ ~ ,.C"a"1 - ~ GENERAL DATA: OWn.r.........................Mac10 D1Mara10 Loc.t1on......................on the north .1d. of Atl.ntic A..nu.. w..t of HOMUOOd Boul...n. Property 11a..................1.3 .cr.. Curr.nt Clty Ad.l.oq' Laad u.. .1......Low DeMltJ' _.1denti.l (0-' unit., acr.) Propoeed City AdYl.oq' Laad va. .1......Trana1tlonal cunat co.a&~ Lead U.. .1............CH-S (Co..ercl.1 H1ta ¡nt.nalty wlth a R..ld.ntl.1 Iqgi..l.at of , unit./acr.) .coJo.... coaaty Lead U.. .1............HR-. (Hlth DenaltJ' R..ld.ntl.1 - . unlt./acr.) Zonlnt........................AR (Atrlcultur.l _.ldentl.1 - PBe) Adj.c.nt Zonlnt........Korth. PRD (.l.nned _.ideati.l oev.lo,..nt) I..tl PRD louth. R-1-A (Slntl. r.-ilJ' _.ld.ntl.1 and 01 (Opa space) W..t. AR ('&C) Ixl.tlnt Land U...............V.c.nt Propo.'" Land U...............Hon. Wat.~ S.rvlc..................Ixl.tlnt 12- w.t.e ..ia ln Atl.ntlc Av.nu.. Sewee I.zvlc..................Ixl.t1nt Lift St.tlon on the H.nnov.e V. D. . Square 81t.. no~ of and adj.c.nt to the ØCODerty. IT! M B B FOR E T H B BOA R DI The action before the Board is making a recommendation to the city Commiss10n Qn an amendment to an advisory Future Land Use Map designation, fro. Low Density Residential to Transitional. The subj ect property is a vacant parcel located on the north side of Atlantic Avenue, we.t of Ho.ewood Boulevard. The property i. currently und.r the juri.dict.ion of Pal. Beach County. Pursuant to Section 2.2.2(1), the Local Planning Agency (Planning and Zoning Board) shall r.view and make a recommendation to the City Commi..ion with respect to all amendments to the city's Fut.ure Land U.e Map. a A C K Q R 0 U . DI Th. site i. a 1.30 acre parc.l adjacent t.o and southw..t of the Hannov.r Square subdivi.ion. The .ite i. curr.nt.ly vacant.. It i. located in unincorporated Pala Beach Count.y, within the City's de.ignated planning and ..rvice area. In 19a9, this property was giv.n an advisory PLUM d.signation of Low Den.ity Residential. It i. de.ignated on the County'. FLUM as CH-! (Commercial High Inten.ity with residential equivalent of 5 unit.. p.r acr.). The Land U.e de.ignat.ions between the City and the Count.y FLuø. were to be made con.istent and/or compatible. A prograa for achi.ving consi.t.ency wa. worked out with assi.t.ance fro. the Pala Beach Count.y-wide Planning Council. The prograa involved change. to t.he land use eategorie. to b. adopt.ed by the County a. they pr.pared their FLUM. Unfort.unately, t.he d.gree of d.. ired conaist..ncy did not occur. During the past few years, inconsistenc.. have been discovered as d.veloplleDt proposals have proceeded through the County syst... only to raft into proble.. when the City is approached for the provl.loD of vater and sewer .ervice.. In Augu.t, 1992 the City id..~lfled eleven instanc.s of conflict. under the County FLUM which acca_odated the pot.nt.ial for st.rip c~rcial or other inappropriat.e co...rcial develop.ent. (a. defined by the City Coaapr.h.naive Plan). In June, 1993, t.he City at.t.apt.ed t.o ent.er int.o an Extra- territorial pow.rs Agre_nt. wit.h t.he Count.y which would have giv.n th. Cit.y land use aut.horit.y in the Cit.y's Planning area. Und.r this agr_nt. the City'. Fut.ure Land U.e de.ignations would have applied wit.hin the unincorporat.ed portion. of the Planning Ar.a th.reby .liminating the conflict.. The Extra-territorial Power. Agr....nt. wa. oppo.ed by affected resident. ar1 propert.y owners and was not. approved by the Board of Count.y Co..~..ioners. , P , Z Staff Report DiMarzio Property - FLUM Amendment Page 2__ In light of the failed agreem.nt the City Commission formally requested that the Board of County Commission.rs dir.ct its Planning Departm.nt to initiate chang.s to the County FLUM to eliminate the con~licts. County and City Planning staffs m.t in April, 1994 to discuss the incon.ist.nci... A. a re.ult of this meeting the County will initiate nine chang.. a. part of their 94-2 FLUM" amendment while the City will make the chang. to the subject property (see attached letter fro. David Kovac.). COM' R I HI. 8 I V I 'L A. A. A L Y 8 I 8a Requirement. for 8mall 8cale ~ndment.a This Future Land Us. Map Allendllent i. being proce..ed a. a Small Seal. Dev.lopm.nt pur.uant to Florida Statute ll3.3l87(c). This statute allow. any local government coaprehen.ive land us. am.ndm.nts directly related to propo.ed ...11 .cale developm.nt activities to be approved without regard to .tatutory limits on the frequ.ncy of con.ideration of amenctaent. (twice a year).~ subject to the following condition.: * The amenctaent doe. not .xc.ed either 10 acre. of nonr..idential land or 10 acr.. of re.idential land with a d.n.ity of 10 unit. per acre or le.., * '!'he cumulative .ffect of the aaendaent. proce..ec:I under this s.ction .hall not exceed 10 ac~e. annuallYI and, * The propo.ed aaendaant doe. not involve the .... property own.r'. property within 200' of property granted a change within a period of 12 month.. The subj.ct parcel contaiu only 1.3 acre.. With re.pect to the requir...nt fo~ the re.idential den.ity to be ten unit. per acr. or le.., this ...~nt i. to a de.ignation which vill allow a numbe~ of zoning cla..ification., including office, neighborhood co_ercial, .ingl. f4ll1ly r..id.ntial, and low and ..<:Siwa d.n.ity ~e.idential. It i. unlikely that the l'utur. Land US. D..ignation change will re.ult in r..idential develo~nt which will .xc.... 10 unit.a per acr.. Thi. parcel, along with other ...11 .c.le ...~nt. proc..sed this y.ar, will not .xc.ed 10 acr... Thi. property h.. not pr.viou.ly been couidered for . l.nd u.. ...~nt nor h.. the same property own.r been granted. land u. chang. on property located within 200 feet or within the la.t year. Con.i.tency ..t_ea Cit.y and count.y De.ignat.i0.. Concurr.nt wi th the pz'Opo.ed ch.ng., 'ala ....ch County is proc...ing an _nement changing it. d..ignation fro. CH-5 (Comm.rcial High Int.n.ity with re.idential equivalent of 5 units p.r ac.~e) to HR-8 (High Re.idential - 8 unit. 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 trom Low Density Residential to Transitional is proposed. . Con.iatency with"Adjacent Futur. Land U.. Map C.aignation. and Land U.e.: ", .The 1.3 acre subject parcel is bordered on the north and east by an existing single fm11y development (Hannover Square/Windy Creek) which is designated as Low Density Residential on the FLUM. To the south of the parcel and acros. Atlantic Avenu. is an existing singl. family dev.lo~ent and golf club (The Hamlet) which is designated as Low Den.ity Residential and Open Space. The vacant, unincorporated parcels to the weat ot the parcel have been assigned an advi.ozy designation of Transitional on the City's FLUM. The Low Density Residential de.ignation appears to have been a..igned to the parcel based on the assumption that it wa. included in the Hannover Square/Windy Creek development. Gi ven the parcel's sIII411 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 appropriate. Development of the parcel at that density 1. extr...ly unlikely. However, the parcel is also adjacent to an exi.ting .inqle tanaily develop.ent. Thu., a General COlllllercial de.ignatio" i. also inappropriate. Aa the re..ining vacant parcel. to the we.t have a Tran.itional de.ignation, the mo.t appropriate action would be to include the subject parcel with the adjacent Tran.itional designated are.. RlQUIRlD FII'DIIfGI. Futur. Land U.. ...,. '!'b. u.. oZ' atZ'Uctu.. _.~ be allowed in the loning di.tZ'ict and the lofting di.tZ'ic~ .u.~ be con.i.tent with the land u.. de.itnatioft. Pursuant to Land oev.lopaent Regulationa Section 3.1.1 (A) all land u... and .tructure. 8U.t be allowed in the zoning district and the aoaJ.q cu..trict .u.t be con.i.tent with the land us. d..ignatioa. Th.re are no structure. currently existing on the parcel. '!'h. CUftent zoning de.ignation for the site is Palm Beach County U (Agricultural Re.idential). A zoning d..ignation which i. conaistent with the propo.ed Transitional Future Land U.e Map de.ignation will be ...igned to the parcel upon annexation. concurrenff' 'aciliti.. which aze provided Þr, oZ' thzough, the City sha b. provided to new d.v.lo~n~ coftCUZ'Z.nt with isauanc. of a C.ztifica~. of OCcupancy. Th... faciliti.. .hall b. provided pur.uan~ to l.v.l. of ..ZYic. ..tabli.hed within the Coaprehen.iv. Plan. , P , Z Statt Report DiMarzio Property - FLUM Amendment Page 4 The subject parcel is currently vacant. The maximum development potential according to the current FLUM is 6 single tamily dwelling units. The propo.ed FLUM de.ignation would permit a maximum ot 1-5 m~ltiple tamily dwelling unit. or approximately 14,157 square teet of commercial and/or ottice development [(1.3 acres * .3,560 square feet/acre) * .25 FAR] . The tollowing describe~ etfects on the City's Level. of Service of the 'additional demand. tor service capacity which will be generated by this action. Traffic. The maximwa number of trip. which could be generated by the development of the parcel under the current PLUM de.ignation is 60 (6 unit. * 10 Average D.ily Trip./unit). Th. maximum potential for traffic gener.tion under the propo.ed de.ignation would be approximately 1,800 Am according to the ITS Trip Generation Manu.l (5th ed.) formula for .hopping center. I ln T · 0.625lnX + 5.985 , where T · average d.ily trip. .nd X · .quar. fe.t (in thou..nda) In T · 0.625(ln14.151) + 5.985 T · 2,083 - 929 (le.. 44.61' p....r by r.t. froa PBCTPSO) Net T · 1,155 Pal. B.ach county 1993 traffic count. indicate 29,215 ACT currently on Atlantic Avenue (L08 liD" ) . Constructioft for a widening of Atlantic Av.nu. to .ix l.n.. has begun. The widening will provide . c.paci ty of 45,000 AlJIt .t LOS "C. II Capaci ty exi.ta to ..n. the uxi..- develos--nt pot.nti.l of this .it. und.r the propo.ed PLUM d..ignation. ~herl All .enicM an currently available to the property. The propo.ed cbange to an advi.ory Futur. Land U.e De.ignation will not ha.. . .ignificant affect on the City'. ability to provide n.ce..ary .ezvice. and facilitie.. Po.itiv. finding. with regard to CoftCUZ%ency will al.o Þe required at the ti_ of annexation and initial zoning of the Bu))ject property. Con.i.tenCYI co-.plianee with the pecto~. .tandazda .et forth in Aniele 3.3. ahall be the ba.i. upoa "Mah a fiMing of overall conaiatency i. to be made. Othe~ objective. and policiea fOUM in the adopted C~rehenaiv. 'lea ..y be uaed 1n the making of a finding ot overall eon.i.tency. " . P , Z Staff Report DiMarzio property - FLUM Am.ndm.nt Page 5 There are no specific performance standards for FLUM Amendments established in Article 3.3. A review of the goal., obj.ctives and policies of the adopted Comprehensive Plan was conducted and the following policy wa. found: Futur. Land U.. El.m.nt PoliCY B-3.3.. ". This policy requir.. con.i.tency betwe.n County and City FLUM designations within the Delray Beach Planning and Service Area. The proposed FLUM amendment, along with a County FLUM amendm.nt being processed concurr.ntly for the property achi.v.. the required consistency. LDR ComDli.nce. As this is a vacant property and no d.v.lopaent i. propo.ed a. a part of this FLUM amendment, r.view of the .ite with r.gard to current development .tandard. i. not applicable. RlVIIW BY OTDQ: The rezoning i. not in a geographic area requiring review by either the HP8 (Hi.toric Pre.ervation soard) , DDA ( Downtown Dev.lopment Authority) or the CRA (Co-.unity Redevelopment Agency) . N.ighborhood Rotic.. Formal public notice has been provided to property owner. within a 500' radius of the .ubject property. A special cert.ified notice has been .ent t.o the property owner of record. Court..y notice. have been .ent to the following individual. and group. who have reque.t.ed not.ification of petitiona in that area: · Helen Cooper.~th Progre..iv. Re.ident.. of Delray · Jack Jt.lleZ'IIaA B1gb Po1a& · Art Jack. I Un! ted Property Owners · Woodlake Hoaeowner. As.ociation · Georg. Roland Gr_nawarcl Villag. Letter. of object.ion, if any, will be pre.ent.ed at. the P , Z Board ....ting. , . . . 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 Resident~al Future Land Use designation. The parcel 1s adjacent to a large vacant area to the we.t which haa been designated as Transitional on the FLUM. A. the adjacent Low Density a.sidential de.ignated property to the ea.t ha. been developed with single family re.idence., the subject property is most appropriately included in the Tran.itional de.ignation with the adjoining vacant property. Aa all required po.itive findings can also be made, an ..endment to the Future Land US. Map for the site i. appropriate. . ALTIRlfATIVB ACTIO.. J A. Continue with direction. B. Recollllllend approval of the propo.ed s..11 scale amendment to the Future Land U.e Map. C. Recommend denial of the propo.ed ...11 .cale ...ndm.~t to the Future Land U.e Map. STAPP RlCOMICIJlDA'1'%Olh Recommend to the City Co_i.. ion approval of a ...11 scale amendment to the Future Land U.e Map Advi.ory De.ignation tor the DiMarzio property troa Low Denaity Re.idential to Transitional, upon po.itive finding. with re.pect to the policie. of the COllprehena1.ve Plan and LOa Article 3.1. Attachment.: * Location Nap Report prepared ~ I Reviewed bF PO OD I .- . - . ~~ [ITY DF DELIAY BEA[H CITY ATTORNEY'S OFFICE 300 W ATLANTIC A VENUE' DELRA Y BEACH. FLORIDA 33444 TELEPHONE 407/243- 7823 . FACSIMILE 407/243- 7816 POLICE LEGAL ADVISOR HBMDRABDUM TO: David Harden City Manager FROM: Eric D. Hightower, Police Legal Advisor DATE: July 6, 1994 SUBJECT: ABAlmORBD VBBICLB ORDIItAIICB ======================================================================== Attached for your consideration is a copy of the revised Abandoned Vehicle Ordinance, Section 90.02. The City Attorney's Office has reviewed the ordinance and find it legally sufficient. The revisions will allow our Code Enforcement Officers to handle abandoned vehicles on public property as well as private property. This is pursuant to F.S. 70S.101S, which allows local governments this discretion. Also, by using the word "enforcement officers" in the ordinance, police officers will still retain their authority as well. This change will not affect the City's liability since the change is allowed by Florida Statutes. Also, the due process authorized by our ordinance comports with the due process authorized under F.S. 70S. If this ordinance meets with your approval, please place the ordinance on the Commission agenda at your earliest convenience. Thank you for you time and patience in this matter. EDH: lbg £: /I -/ ' c: Lula Butler Chief Richard Overman y/O Susan Ruby, City Attorney I~.iì. , - " ORDINANCE NO. 58-94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 90, "ABANDONED PROPERTY; JUNKYARDS" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 90.02, "ABANDONMENT OF PROPERTY OR WRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY" , SUBSECTION (B) , TO PROVIDE THAT ENFORCEMENT OFFICERS BE AUTHORIZED TO ADMINISTER THE PROVISIONS OF THIS SECTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: i I Section 1. That Title 9, "General Regulations", Chapter I 90, "Abandoned Property; Junkyards", Subheading "Abandoned Property", Section 90.02, "Abandonment of Property or Wrecked or Inoperable Motor Vehicles on Public Property", of the Code of Ordi~ances of the I ;1 City of Delray Beach, Florida, be, and the same is hereby amended to I I read as follows: ¡ I :/ Section 90.02 ABANDONMENT OF PROPERTY OR WRECKED OR INOPERABLE MOTOR I I VEHICLES ON PUBLIC PROPERTY. I (A) No person shall abandon or leave any property or any :1 motor vehicle, including a wrecked or inoperable motor vehicle, whether attended or not, upon any public property within the city for a period of time in excess of 72 hours. The presence of those vehicles, or parts thereof, on public property is dec lared to be a public nuisance which may be abated in accordance with the provisions of this subchapter. This section does not apply to motor vehicles parked or stored on public property by the city or any of its departments. (B) Whenever an ,ØXt¢;/øttt¢;t enforcement officer shall ascertain that an article of abandoned property is present on public i property within the limits of the city, he shall cause a notice to be .\ placed upon that article in substantially the following form: ., "NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN 1/ THE ATTACHED PROPERTY. THIS PROPERTY, TO WIT: (Setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within I ten (10) days from date of this notice; otherwise it I I shall be presumed to be abandoned property and will ! be removed and destroyed by order of the City of I I Delray Beach. If the property is a motor vehicle, i i I I , <, - I the owner will be liable for the costs of removal I and destruction. Dated this: (setting forth the date of posting notice) . Signed: (setting forth name, title, address, and telephone number of øø~~¢ø øtt~¢øt enforceme~t officer)." ! i (1) The notice shall be not less than eight inches by , ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the ØØ~~¢Ø/øttt¢~t enforcement officer shall make a reasonable effort to ascertain the , name and address of the owner; and, if this is reasonably available I to the pØ¡t¢Ø/øttt¢øt enforcement officer, he shall mail a copy of the notice to the owner on or before the date of posting. I , ! (2 ) If, at the end of ten (10) days after posting the ¡ notice, the owner or any person interested in the abandoned vehicle or article described in the notice has not removed the article from public property or demanded a hearing in compliance with the ! provisions of this subchapter or shown reasonable cause for failure I so to do, the ¡SØ;l~¢Ø /øttt.¢øt enforcement officer may cause the , article of abandoned property to be removed and destroyed. The salvage value, if any, of the article shall be retained by the city to be applied against the cost of removal and destruction thereof, as the cost of removal and destruction are paid by the owner as provided in Sec. 90.05, in which case the salvage value may be deposited in the City General Fund. I : , Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. i , I , i Section 3. That should any section or provision of this 1 I ordinance or any portion thereof, any paragraph, sentence, or word be I declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as I a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1994. ATTEST: MAYOR City Clerk I I First Reading I I Second Reading - 2 - Ord. No. 58-94 .. COMMENTS FROM CITY COMMISSION REGULAR MEETING OF JUNE 19, 1994 Prior to the regularly scheduled public comment portion of the agenda, Mrs. Adele Jackel, 784 N.W. 25th Avenue, read a statement prepared by Mr. Arthur Jackel, addressing three items: (1) Support of an appropriation in the amount of $500,000 for the addition of twelve Police officers to the City's force in the upcoming fiscal year; (2) that a public parking garage to support retailers in the downtown area should be sponsored by the CRA and the Chamber of Commerce; and (3) the need to give attention to the concerns of young adults in the city. A copy of the statement read by Mrs. Jackel is attached hereto and made a part of the minutes of th meeting. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followinq Public Hearinqs. 11.B.1. Lillian Feldman expressed concern regarding insufficient lighting along Homewood Boulevard and requested that the City check into the matter. 11.B.2. Bill Schwartz, 3863 Live Oak Boulevard, noted the absence of the All-America City banner from the Chambers and suggested that it be returned. Mr. Schwartz stated that he is very proud of the City and its many accomplishments and suggested that proper signage be installed on every north and south arterial roadway to welcome people to the City of Delray Beach, an "All America City" . 13. Comments and Inquiries on Non-Aqenda Items. 13.A.1. Mrs. Smith inquired as to the status of the blinking traffic lights located on East Atlantic Avenue at 1st and 3rd Avenues. She pointed out that the downtown merchants would like to have the blinking light remain at those locations as opposed to the possibility of taking the lights out altogether. Mrs. Smith reported that the Main Street Task Team has extended an invitation to the Commission to attend a meeting which will be held tomorrow evening, July 20th, at 5:15 P.M. at the Chamber of Commerce. Commissioner Smith complimented Police Officer Sherry Settelen, Sergent Tamijo Kayworth, Officers Amy Sinnott and Rod Payne on their achievements and awards which they received during the Florida Law Enforcement OlYmpics. 13.A.2. Dr. Alperin commented that he has received some applications for the Kids and Cops Committee from individuals who appear to possess credentials which could be very beneficial , , to the committee. He asked that staff forward these applications to the Commission for review and suggested that perhaps the Kids and Cops ordinance be modified in some way to accommodate additional membership. l3.A.3. Mr. Ellingsworth reported that the Metropolitan Planning Organization (MPO) will be conducting a budget meeting on Thursday evening (July 21st), and suggested that members of the Commission attend if at all possible.. 13 .A.4. Mayor Lynch commented that he had recently received the quarterly attendance report for the various City boards and committees and was concerned about the irregular attendance of some members at meetings. He emphasized his feeling that if appointees are not going to make the commitment to attend and be active on the boards, he will not support their ongoing appointments. He further feels that the three meeting rule should be strictly enforced. The City Attorney noted that there are certain boards and committees which are governed by statutory regulations as opposed to the City's three meeting rule, and that dismissal from such a board is not necessarily automatic but requires that a specific hearing process be followed. She advised that she had prepared and distributed a memorandum to the chairpersons of all the boards/committees informing them of the various rules and regulations with respect to attendance at meetings. Mayor Lynch expressed concern about the seeming lack of participation on the part of some residents in certain areas along Swinton Avenue with respect to watering the grass and landscaping recently installed as part of the beautification project. Lula Butler, Director of Community Improvement, stated that staff has provided friendly reminders which were placed on the doors of residents along Swinton Avenue. She noted that this is the third attempt by the City to remind the residents of their commitment to maintain the beautification. Mayor Lynch also advised that he had given a talk about Delray Beach and how it has changed, its accomplishments and the "reinventing government" perspective of the Commission at a meeting of cities from Palm Beach County recently, and he was contacted by the Florida League of Cities about giving it at the upcoming convention in August which he has agreed to do. ll.B. The City Attorney stated that she will be sending the Commission the Economic Development Ad Valorem Tax Exemption Ordinance of Palm Beach County. It essentially provides for certain tax exemptions on new businesses that meet the definition of the number of employees, and expanding businesses, which may have some impact especially on the CRA. She advised that the County may be anticipating it going to referendum in -2- , · September because it would take such a vote, so she will be looking for input from the Commission and their feelings on it. 11.C. The City Manager advised that his office has an intern working with them for about four or five weeks, and asked Mr. Barcinski to introduce him. Mr. Barcinski introduced Mr. Dedrick Straghn, a graduate of Atlantic High School who will be entering his Junior year at Bethune Cookman in the fall. His major interests are in politics and law. Mr. Straghn has been hired as a management intern with the City Manager's Office and will be working on two special projects during his time with us; one being the development of a fee booklet by department of all the various fees in the city, and the other assisting in the gathering of the new boundary maps for the school districts and putting together and analyzing some of the statistical data. -3- , Memo to tne Delray Beach City Commission From Arthur and Adele Jackel, 784 NW 25th AVe. Perhaps only on rare occasions do city governments have an opportunity to change directions. In Delray Beach the time is now. There are three things we must do. First: To give our Chief of Police the finest police department in the country. Both he and his men deserve it. In our budget for this year, we must include an appropriation of $500,000 or more for 12 additional policemen. This burden should be shared by all the citizens of Delray through a property tax as deemed necessary by the City Manager. It should be a privilege to participate in our bright future. Let's do it now so that fear is no longer a factor in our community. Second: The importance increases to continue attempts to bring a fine department store to our downtown area, the strong stimulus needed by our business commuaity. However, just as a strong police department must be paid for by all the citizens, a public parking garage to support retailers should be sponsored by the C.R.A. and the Delray Beach Chamber of Commerce by imposing a tax upon themselves to pay for it. Thriving business follows sound investment. This always has been the American way. Third: As the problems in social needs of our people come to light, we must never react with disbelief or scorn. There always will be one need thatØsurfaces above others at any given time. If now is the time to give attention to young adults, their problem should be recognized as part of comtinuing change in the city pattern. Both protestors and commi~on will do well to remember the drastic change undergone by our beach community when they had to give up their privacy in exchange for beach restoration. There is a vast difference between the small beach colony then and the Delray Beach which belongs to the whole country now. Public access along West Atlantic Avenue is different from public access along AjA, but each must serve the city's needs in its' own way. Comp~omise of social traditions goes along with physical change in any community. Thank you for your attention. G':,,\.X~ <-\ C h-~C.. '\. c¿ c ~~( C . ( ( - \- ( '~'~Q~ ,