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04-14-92 Regular . ~ CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGUL~~ MEETING - APRIL 14 . 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS - RULES FOR PUBLIC PARTICIPATION - 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations) . The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items f rom 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, those individuals wishing to address public hearing and/or non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing 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 make your comments, kindly 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, for the record, your name and address. All comments will 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 from speaking further to the Commission by the presiding officer, unless permission to continue or again . .. City Commission Regular Meeting 4/14/92 address the Commission is granted by majority vote of the Commission members present. - APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or 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 Regular Meeting minutes of March 24, 1992, Organizational Meeting Minutes of March 26, 1992, and Special Meeting Minutes of April 1, 1992. 6. Proclamations: A. National Library Week - April 5 through 11, 1992 and Bookfest Weekend - April 24 through 26, 1992. B. Days of Remembrance of the Victims of the Holocaust - April 30 through May 3, 1992. C. Holocaust Memorial Day - April 26, 1992. D. National Community Development Week - April 20 through 26, 1992. E. Earth Day - April 22, 1992. F. Arbor Day - April 24, 1992. G. Recognizing Paul Constant for his academic achievements and positive contributions to the City of Delray Beach. 7. Presentations: A. Lennart Lindahl - Presentation of First Reimbursement Check from the Florida Inland Navigation District for the Veteran's Park Seawall project. B. Introduction of Community Police Officers. 8. Consent Agenda: City Manager recommends approval. -2- . ~ City Commission Regular Meeting 4/14/92 A. AUTHORIZATION TO SUBMIT GRANT APPLICATION: Authorize staff to submit a grant application in an amount not to exceed $100,000 to the U.S. Department of Housing and Urban Development (HUD) under the Hope 3 Grant program. B. GRANTING OF EASEMENT DEED: Grant an easement deed to Florida Power and Light to provide electrical service to the North Water Storage Tank. C. RATIFICATION OF EMERGENCY REPAIR: Ratify the emergency repair of a sewer line on S.E. 2nd Street between Swinton Avenue and the FEC Railroad and approve payment in the amount of $28,000 to Johnson Davis, Inc. with funding from Water and Sewer Repair and Replacement Sewer System/Mains and Lines (Account No. 442-5178-536-60.66). D. RESOLUTION NO. 43-92: A resolution amending Resolution No. 32-85 to clarify the Community Redevelopment Agency boundaries. E. RESOLUTION NO. 36-92: A resolution supporting the concept of AMTRAK service from Jacksonville to Miami along the Florida East Coast Railway,~_corridor. "4 F. RESOLUTION NOS. 37-92 THROUGH 42-92: Resolutions authorizing the execution of supplemental agreements with the Florida Department of Transportation (FDOT) consenting to the assignment of Pipeline Agreements with the Seaboard Coastline Railroad Company (CSXT) to FDOT. G. RESOLUTION NO. 34-92: A resolution assessing the costs for action necessary to remove 15 junked/abandoned vehicles on properties located within the City. H. RESOLUTION NO. 35-92: A resolution assessing the costs for action necessary to remove nuisances on 38 properties located within the City. 1. AWARD OF BIDS AND CONTRACTS: 1. 1992 Street Resurfacing Program - Hardrives Asphalt Co. , in the amount of $188,184 with funding from General Construction Fund - Resurfacing (334-3162-541-60.53). 2 . Gymnasium Floor Replacement - Community Center - Camaio Surfaces, Inc. (via Palm Beach County School Board contract) - in the amount of $41,230 with funding from Decade of Excellence Bond Issue (Account No. 225-4125-572-61.57). 3 . Site Plan Preparation - Leon Weekes Preserve - Florida Atlantic University in the amount of $15,000 with funding from Recreation Impact Fee Fund (Account No. 117-4169-572-33.19). -3- . * City Commission Regular Meeting 4/14/92 4. Housing Rehabilitation - as indicated below - with funding from Community Development Block Grant - Housing Rehabilitation (Account No. 118-1963- 554-60.23) : -913 S.W. 4th Avenue - Henry Haywood - $14,341.95 -304 S.W. 11th Avenue - Henry Haywood - $14,290.50 -605 S.E. 2nd Avenue - MJD Construction Services- $14,282.10. 5. One ( 1 ) 3-Stage Air-Scrubbers - Environmental Services - Davis Process in the amount of $39,500, plus $6,000 for maintenance with funding from 1984 Water and Sewer Bond - 3 Stage Poly Air Scrubber (441-5162-536-61.16) . 6. Alley Reconstruction Project - Environmental Services - Jack Hardy, Inc. in the amount of $483,771 with funding from Decade of Excellence Bond Issue Alley Reconstruction (Account No. 225-3162-541-61.43/$366,557.50), Water and Sewer - Renewal and Replacement/Water Meter Replacement Program (Account No. 442-5178-536-61.81/$93,454) and Community Redevelopment Agency Reimbursement ($23,000). 7. Irrigation - .. Gulfstream Boulevard Beautification~ - Windmill Sprinkler Company in the amount of $13,472.50 with funding from 1987 utility Tax - Gulfstream Boulevard (Account No. 333-4141-572-61.38). 9. Regular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period March 23, 1992 through April 10, 1992. B. APPEAL OF A HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of a Historic Preservation Board decision to deny a Certificate of Appropriateness for a six foot chain link fence at 310 N. Swinton Avenue. C. APPEAL OF A HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of a Historic Preservation Board decision to approve the site plan for the Patio Shoppes. D. APPROVAL OF COLLECTIVE BARGAINING AGREEMENT: Consider approval of the Collective Bargaining Agreement with the Fraternal Order of Police. E. REOUEST FOR TEMPORARY USE APPROVAL: Consider a request from the Hardaway Company for a temporary use permit to erect a construction compound/construction trailers on a vacant lot located at 231 N. Congress Avenue in conjunction with the 1-95 Widening Project. City Manager recommends approval. -4- " - City Commission Regular Meeting 4/14/92 ..' F. SERVICE AUTHORIZATION NO. 4/ECKLER ENGINEERING: Approve Service Authorization No. 4 in the amount of $28,800 for engineering services for rehabilitation of pump stations 19A, 20A, 23 and 32 with funding from Water and Sewer Repair and Replacement - Engineering Services (442-5178-536-61.83) . City Manager recommends approval. G. GULF STREAM BOULEVARD BEAUTIFICATION: Disqualify the low bidder, waive the City's claim for the 5% bid security for Triple A, and award the bid to Florida Blacktop, Inc. in the amount of $15,490 for the installation of landscaping materials in the medians on Gulfstream Boulevard between Seacrest Boulevard and Dixie Highway with funding from 1987 Utility Tax - Gulfstream Boulevard (Account No. 333-4141-572-61.38). City Manager recommends approval. H. MODIFICATION TO INTERLOCAL AGREEMENT/TRAFFIC SIGNALS: Consider a proposal from Palm Beach County to modify the interlocal agreement with the City to provide that the City will pay for the installation of new traffic signals. r. APPOINTMENTS TO THE NEIGHBORHOODS TASK TEAM: Appoint three .. members -to . the-Neighborhoods Task Team . J. APPOINTMENT TO THE PUBLIC EMPLOYEE RELATIONS COMMITTEE: Appoint a member to fill the expired term of Martin Frost. K. APPOINTMENT OF A MEMBER TO SERVE AS CHAIRMAN OF THE PUBLIC EMPLOYEE RELATIONS COMMITTEE: Appoint a member to serve as the Chairman for the Public Employee Relations Committee. 10. Public Hearings: A. ORDINANCE NO. 12-92: An Ordinance correcting the zoning from RM (Residential Medium Density) zone district to CF (Community Facilities) zone district for the parking area associated with the Acura Automobile Dealership located on North Federal Highway. Special Adjustment Advisory Board recommends approval. B. ORDINANCE NO. 13-92: An Ordinance rezoning the American Legion facility property located at N.W. 8th Avenue and Martin Luther King Jr. Boulevard (N.W. 2nd Street) from R-1-A (Single Family Residential) zone district to CF (Community Facilities) zone district. Planning and Zoning Board recommends approval. C. COMPREHENSIVE PLAN AMENDMENT 92-1 : Authorize staff to forward Plan Amendment 92-1 to the State Department of Community Affairs. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. -5- ,. - City Commission Regular Meeting 4/14/92 A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 15-92: An ordinance regulating the placement of newsracks and other moveable fixtures within the City's rights-of-way. If passed public hearing April 28, 1992. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -6- I'" . . CITY DF DELRAY BEA[H .. -~- PROCL.~l! -t rIO\ WHEREAS, libraries help us to achieve our dreams of a better life and a better world by providing valuable resources supported by professional expertise; and, WHEREAS, libraries provide for educational, business, cultural and recreational needs of citizens of all ages, origins, and views; and, WHEREAS, the quality of library service in the community is enhanced by citizen participation on the Library Advisory Board and in the Friends of the Library; and, WHEREAS, libraries in Palm Beach County join in the celebration of libraries, literacy and reading by presenting Bookfest of the Palm Beaches: A Literary Festival, April 24-26, 1992, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim April 5-11, 1992 as "NATIONAL LIBRARY WEEK" and April 24-26, 1992 as "BOOKFEST WEEKEND" in Palm Beach County, 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 14th day of April, 1992. MAY 0 R THOMAS E. LYNCH SEAL , ~ . [ITY DF DELRAY BEA[H .. .....-:::. .-:: - - - _ ~ ~.:. .~";..l"';' PROCL-UI.--t rlO\ WHEREAS, from 1933 to 1945, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and tens of thousands of Gypsies as well as millions of other people perished as victims of Nazism; and, WHEREAS, the people of the City of Delray Beach should remember the atrocities committed by the Nazis; and, WHEREAS, the people of the City of Delray Beach should continually rededicate themselves to the principle of equal justice for all people; and, WHEREAS, the people of the City of Delray Beach should remain eternally vigilant against all tyranny, and recognize that hatred and bigotry provide a breeding ground for tyranny to flourish; and, WHEREAS, April 30, 1992, has been designated, pursuant to an Act of Congress, as a Day of Remembrance of Victims of the Nazi Holocaust, known internationally as Yom Hashoah; and, WHEREAS, it is appropriate for the people of the City of Delray Beach to join with The United States Holocaust Memorial Council in the commemoration, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of Sunday, April 30 through Sunday, May 3, 1992, as "DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST" in the City of Delray Beach in memory of the victims of the Holocaust, and in the hope that we will strive always to overcome prejudice and inhumanity through vigilance, education, and resistance. 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 14th day of April, 1992. MAY 0 R THOMAS E. LYNCH SEAL . ~B '. . . CITY DF DELAAY BEA[H .. - ~ ... .... . = . _::: _u -- - -- - - - -. --- PROCLAJIA rlo.\ WHEREAS, B'nai B'rith International will coordinate the participation of American Jewish communities in the International Holocaust Memorial Program ... "Unto Every Person There Is A Name"; and, r-'lH3REAS, the program, which was initiated by the Yad Vas hem Holocaust Memorial Center in Jerusalem, consists of reading the names of Holocaust victims at public ceremonies in Israel and the Diaspora on Yom HaShoa, Holocaust Memorial Day; and, WHEREAS, the B'nai B'rith councils, lodges and units throughout the United States will pause to remember each Jewish life that was lost; and, WHEREAS, the B'nai B'rith service will start on Sunday, April 26, 1992, at 8:30 a.m. , at Anshei Emuna Congregation, 16189 Carter Road, Delray Beach, Florida, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim April 26, 1992, as, "HOLOCAUST MEMORIAL DAY" in the City of Delray Beach and urge all residents to remember each life that was lost as they will not be forgotten. 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 14th day of April, 1992. MAYOR THOMAS E. LYNCH SEAL . ~ I '. . CITY- DF DELRRY BEREM . PROCL-4.11.-4 TIn \ WHEREAS, the COMMUNITY DEVELOPMENT BLOtK GRANT PROGRAM has operated since 1974 to provide local governments with t~e resources required to meet the needs of persons of low and moderate income; and, WHEREAS, the City of Delray Beach became an entitlement City, receiving its own block grant funds since October 1, 1985, providing the much needed assistance in revitalizing our neig~- borhoods and assisting the low and moderate income cit~zens 0: our City; and, WHEREAS, community development block grant funds are used by thousands of neighborhood-based nonprofit organizations throughout the Nation to address pressing neighborhood and human service needs; and, WHEREAS, the last several years the Federal Government has reduced Federal assistance to local governments and nonprof~t organizations; and, WHEREAS, during this time of constricted Federal contributions to the task of meeting the needs of low and moder- ate income persons, the problems have grown as evidenced by the dwindling supply of affordable hous i.ng , the massive rise in homelessness, and the resurfacing of hunger and malnutrition; and, WHEREAS, the Congress of the Nation has often over- looked the critical value of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the significant number of organizations and projects that rely on its funds for support; and, WHEREAS, the Congress of the United States has declared April 20-26, 1992, NATIONAL COMMUNITY DEVELOPMENT WEEK and have called upon the President and all people of the United States to observe the week with appropriate ceremonies and activities, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the week of Apnl 20-26, 1992, as "NATIONAL COMMUNITY DEVELOPMENT WEEK" and call upon all citizens of our City to participate in ceremo- nies and activities celebrating the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of De1ray Beach, Florida, to be affixed this 14th day of April, 1992. MAYOR THOMAS E. LYNCH SEAL f ~D '. [flY- DF DELRAY BEACH .. -- -- PROCL-UI.-t no\ WHEREAS, some twenty years ago, more than twenty million Americans joined together on Earth Day in a demonstration of concern for the environment creating an informed public whose collective action resulted in the passage of sweeping new laws to protect our air, water and land; and, WHEREAS, in the years since the first Earth Day, despl.te environmental improvements, the environmental health of the planet 1S increasingly endangered, threatened by Global Climate Change, Ozone Depletion, Tropical Deforestation, Ocean Pollution, Toxic Wastes, Desertification, and Nuclear Waste requiring action by all sectors of society; and, WHEREAS, Earth Day 1992 is a national and international call to action for all citizens to join in a global effort to save the planet; and, WHEREAS, Earth Day 1992 activities and events will educate all. citizens on the importance of acting in an environmentally sensitive fashion by recycling, conserving energy and water, using efficient transportation, and adopting a more ecologically sound lifestyle; and, WHEREAS, Earth Day 1992 activities and events will educate all citizens on the importance of buying and using only those products least harmful to the environment; and, WHEREAS, Earth Day 1992 activities and events will educate all citizens on the importance of doing business only with those companies that are environmentally sensitive and responsible; and, WHEREAS, Earth Day 1992 activities and events will educate all citizens on the importance of voting for those candidates who demon- strate an abiding concern for the environment; and, WHEREAS, Earth Day 1992 activities and events will educate all citizens on the importance of supporting the passage of legislation that will help protect the environment, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim Wednesday, April 22, 1992, as "EARTH DAY" and declare the City's support thereof. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed thl.s 14th day of April, 1992. MAY 0 R THOMAS E. LYNCH SEAL f LE. ".., . rlTY DF DElRAY BEA[H .. .-- PROCLA.HA JIO.\ I I WHEREAS, recognition should be given to the value of trees in our community and the need for a continual city-wide forestry program for the benefit of all persons; and, WHEREAS, the holiday to recognize the importance - trees in our lives has been celebrated in the United States 5 i r.c ~ April 22, 1987,. and is now celebrated in all fifty states and several countries throughout the world; and, WHEREAS, the National Arbor Day Foundation in coopera- I tion with the U.S. Forest Service and the National Association of State Foresters is sponsoring a community improvement proJect known as "Tree City USA" in an effort to make every community in America a better place in which to live; and, WHEREAS, Delray Beach has been recognized as a Tree I City USA by the National Arbor Day Foundation and desires to continue its tree-planting ways; and, WHEREAS, the protection and proliferation of trees within the City of Delray Beach is governed by regulations for the purpose of promoting the health, safety, welfare, and aes- thetic quality of the community by realizing the importance of trees for oxygen production, carbon dioxide absorption, dust and air pollution filtration, wind and noise reduction, soil erosion prevention, surface drainage improvement, energy conservation. beautification and aesthetic enhancement of all lands in t!1e City; and, WHEREAS, the optimum time of year for planting most species of trees in Southeastern Florida is during the month of April due to mild temperatures and the beginning of the wet . season, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the last Friday in April as "ARBOR DAY" in Delray Beach, to be celebrated this year on Friday, April 24, 1992, and urge all citizens, schools, and organizations in the community to join with me in realizing the value and need for trees and to plant a ceremonial tree on this date. 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 14th day of April, 1992. MAYOR THOMAS E. LYNCH SEAL . Lf- ;.:, . CIT-Y DF DlLRAY BEA[H ... PROCLAJ/A TIO\ WHEREAS, Paul Constant is a talented Delray Beach resident who is a freshman at Atlantic Community High School in Delray Beach; and, WHEREAS, Paul Constant participated in the annual Science and Engineering Fair, which was held on February 12, 1992, with an environmental project titled Nutrients Effect on Codium Algae Year Two; and, WHEREAS, his project took 1st place in the environmental category for the second year in a row, and he also received two special awards for outstanding achievement; and, WHEREAS, Paul Constant will be participating at the State level at the 37th Annual Science and Engineering Fair to be held at the University of Florida in Gainesville on April 22, 1992, and, WHEREAS, IBM Corporation has also asked him to display his project at an Environmental Expo to be held in Boca Raton on April 22, 1992, and, with the help of the Coral Reef Society of West Palm Beach, he will be able to accomplish this; and, WHEREAS, Paul Constant wishes to continue his research project and study the codium algae blooms which are destroying the ecological balance of our ocean reefs and which take hundreds of years to recreate; and, WHEREAS, Paul Constant has made a strong personal commitment to continue his research off the South Florida Coast and will be successful with community support and help, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby congratulate Paul Ryan Constant on his academic achievements and recognize the positive contribution he is making in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 14th day of April, 1992. MAYOR THOMAS E. LYNCH SEAL · b~ '. " ~/;Y/i/02-/1lU ~ A, :.'~~ "'~""~ ,'; 1i\~1 /~,-~~. Delray Beach Police Department ~: ,'4?C'.~:': ~~ ~\lL':l":;/: ~ - ........ ~,~- -_...1Il...._- 300 We~t Atlantic Avenue · Delray Beach, Florida 33444-3666 ejO' .' ~. RICHARD G. OVERMAN (407) 243-7888 Fax (407) 243-7816 Chief of Police SOrJ Pt ~, MEMORANDUM -- t:r^- ~ David T. Harden, City Manager -19 F~: Richard G. Overman, Chief of Police DATE: April 3, 1992 SUBJECT: COMMUNITY POLICE OFFICERS With your approval, I have made arrangements with the Agenda Coordinator, Cheryl Leverett, to have the Community Police Officers introduced to the City Commission on Tuesday, April 14, 1992 at 6:00 p.m. This introduction will only taKe approximately ten (10) minutes. RGO/ppt cc: C. Leverett, Agenda Coordinator M. Wright, Police Information Officer -() . ~ '--- a.-<A ~. ;r.'4"14f 'to .....; w _ '-< C- n kAA (p./ ~ " {Y-f. F ~-o~'-: d-;" t C-l - ~C/"f- ~ -, .p tJ ''-''-'7lV .. -. Df\d-- b7H ""'/'''.ITTr" Tn Tl.JC l"nO('"\'fr~~r"IT r,r "'Lle r.~'I" 'TV fir. I Ice I.'. . .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~ FROM: CITY MANAGERj/f/j SUBJECT: AGENDA ITEM # g-A - MEETING OF APRIL 14. 1992 AUTHORIZATION TO SUBMIT GRANT APPLICATION/HOPE 3 DATE: April 10, 1992 This item is before you to authorize staff to submit a grant application in an amount not to exceed $100,000 to the U.S. Department of Housing and Urban Development (HUD) under the HOPE 3 program. This funding is to be used to develop and implement homeownership programs for low income households. Should we receive funding, it will be used to assess the availability of properties which meet the program criteriaj provide staff training and technical assistance in developing and implementing the homeownership programj development of curricula for homebuyer counseling and training; and to develop an application for an implementation grant. Additionally, authorization is also needed to enter into an agreement with the Palm Beach County Housing Partnership. Recently adopted regulations require that most programs funded through the Cranston-Gonzolas Act be public-private initiatives and involve the participation of non-profit agencies. Recommend approval of the request for authorization to submit a grant application to the U.S. Department of Housing and Urban Development for funding under the HOPE 3 program and for authorization to enter into an agreement with the Palm Beach County Housing Partnership. ... ". . M E M 0 RAN DUM .. To: David Harden, City Manager ~ community Improvement Director f) From: Lula Butler, Date: April 6, 1992 Subject: HOPE3 Grant Application Authorization April 14, 1992 Commission Agenda ITEM BEFORE THE COMMISSION This is to request Commission approval to submit an application for a Planning Grant to the U. S. Department of Housing & Urban Development (HUD) in an amount not to exceed $100,000. This is also a request for authorizat~on to enter into an agreement with the Palm Beach County Housing Partnership in order to develop and implement a new homeownership program. BACKGROUND INFORMATION By authority of the National Affordable Housing Act of 1990, (also known as the cranston-Gonzolas Act) , HUD announced the availability of funding to be used to develop and implement homeownership programs for low income households. This program is entitled HOPE3 and is consistent with the intent of the new federal regulations which is to provide 'IHomeownership Opportunities for People Everywhere (H.O.P.E.). HOPE3 funds may be used to acquire government-owned (HUD, RTC, VA, etc. ) housing units and rehabilitate the units for resale to low income families. If authorized by the Commission to apply for these funds, we will be requesting a planning grant which will provide funding for the fOllowing activities: 1. Assess the availability of properties which meet the program criteria. 2. Provide staff training and technical assistance for developing and implementing homeownership programs. 3 . Develop curricula for homebuyer counseling and training. 4. Develop an application for an Implementation Grant. The new regulations require that most programs funded through the cranston-Gonzolas Act be public-private initiatives and involve the participation of non-profit agencies. It is for that reason we seek authority to enter into an agreement with the Housing Partnership to plan and implement the HOPE3 program. ,.,., " - " ,. '". .n'~",:Cc.'.t'r~'~"'T',.;OPcC.for OM8Approva!ri02506-0119(E;.;p.C4/3G,:J2) \ .~ "- ..' 1 '. ~ ....: .,,.It ~ .~ J II 1l,J- fo'-#;l1 .:A .,.. ,,~ ~ '.... J. - . ....."'." ".. "",,,,J,, '.," _.~ ~;._....Ic;''''::''''mC!y :"':cmp.s Program (WOP~ 3) "'''''''=.'_:-:-:':,.:..~,_"._;~2~.!~.... ~'~ ~4:]~h.:;' ~-l '.iI ~] ii ..'. III ~ - <i'~~::; ,~(;r~;-;;-~:;c;rd-;n to; this Wli9G'ion of informatior, is e~timated to average 20 hours per response, inclJding the time lor revi.:lwing instructi0r1s, seilrcr,i',g s";':'''' -:i,:,~ ~o~'.cas, 2aJ1U;!{i'] .3nd mai;lta:ning the data needed, a:Jd completing and ~eviawing the collection of :nformatiol1. Sene comments rega,dino !iiis t; '~.2,! as:i;;,:::':J :. ~iriY 0:1"'3; dSPf!C: of ~is co;!e,;:tion of Inlonl1a~vn. inc:uding suggestions for reducing this burden, to the Reports ~\anagement Of~cer, Or:;;;.;> c:, ":. ,.,. ,:,,:c;; ,=-.,.' ','.> a:,: :::'j:;t",o1o'<;, U.S. Depa:1ment of HOlIS;clg and Urban Developr'1en:. Washington. D.C. 2041()-3600 and to l'le Office Of M",nag()rn~nt and :, '-. _' ~O;',:iC.'i\ ':;=c'~.:t:.:n "'r':>;2ct ~2::;OS-O 119). Vhshingtcr., DC. ~'05C3. Do not sand this comcleted form to either of these addresses. ".,","_=' _"_.tI__'-.......~...,..L...,...~O:'''-''..._~,___.__~ ~.............. __- :_ ';.}~; ~.: :;1:~J..;~..::::;;: 'D':::; apol;C3t;on s:/c-;,,;!d be ~sed for 4, Scope of ApplicatIon. An application may only include f<J,>c: '2, [-2.:1['::10; ;::::;'c,-;ts:;.nly c,,~d r:llJS~ be used:n c:onjencHon planning a.ctivities necessary to develop one homeownersl"'vp 'i:~" ,-',',j ;;'-;6 t's (:::j'J;~'::';'71e::~s of, th? :-JC?E for Homeown- program. App!icants may submit ar. application for a planning ,,:::;' ') 0: ;:.::: ::: f2L";Y ;-,omes Prcgram, No;;ce of .Amended grant and an implementation grant :n response to anyone c ./~: :.--,.' ,J'.',; 0<.:2(.: ,)2.;::J2ry 1l.. ~ 992, "nd:he Notice of NOFA; however, only 0ne app'icatcn wili be approved ror :C.__ (~JOF j:,j sa~,?':: January' 1:, i 992. example. if an applicant submits both an implt:msntat;cr. and , _. . , . ,p;annir.g grant application, the implementation grant wiil be '~.-"" I ,. . .,. "prlCO C' ,'" un;:)c fe.r crneoH.'ne'sh'D 7 ...,'<:."...;.., '::'~"',"" N'. ,..,i;!:,'V,:: ': n ., .n' .'.'" reviewed and ranked first If the implementation grar.t f.::ils to ':-, $:;,,(: '-sm.,)' ,,0 ..as F':cgra:!1 (HC:Pt: 3) :s to ~S,SIS! eligible meet the threshold requirements described in the Notice of :.P:.X~;cf:ts 10. dev'" :~~ h?i~.8')wne~~h:p o~POrtUnltl~S for low- Amended Program Guidelines and NOFA, the planning grant lnC)r:,e ':;;,,'I!;,as ano Ir.dll/:dua!s Ltl:lzmg smgle family proper- application will be reviewed and considered for funding. ~:'cs OW;-18C '..)'j c2rt,,:n Federc;) agencies, State and/or local gO'/8(;,,'I1I:.;':;3 2nd their 8Q9nc;ias and instn.Jmentalities, Public 5, MaxImum AssIstance Level. The amount of the plan- r:.~\j;ing ;:,:;;c~,,:;c.s (PHAs) arid indian HOLising Authorities ning grant may not exceed $100,000, (!H ~,., " """ 6. Matching FI.1'1ds. No matching funds are required for a ;'\0 applicant may ap;:,!yiN a HOPE 3 planning grant to assist planning grant. ii !n.daslc;r::na a hOiT;3ownershi;J program, including acti'/ities 7 C I I f A I I' A' . . f d d d ,-, ".'" c:o tic> ;.... ,-,I +; f I .. 'j't + d d t' f ,omp at on 0 ct v t es. ctlvltles un e un er a "'V~I, '"... . ,., C_I n,JI&C.on 0 a eaSlbl1 y s.u yan prepara Ion 0 I' h II b . d t 'thO 12 th f th __ r--",v" '" ; - .1 "'" ~. ' n panning grant s a e carne ou WI In mon so e ",n a,e' _.......""t.0n [or an .n Ip.81' ,e. l.atIO,. grant. ff t' d f th t t ' e ec lYe ate 0 e gran agree men . ~ :::l'Sll,;,i<:: .';pp~jcalits. This application 1s to be !Jsed by (1) 6 0 I tI f II tl I ddl t th S' d d ale nonprofit organizations, (2) cooperative associations, . rgan z~ o,n 0 app ca on. n a lion 0, . elan ar VI ',3) p:Jblic bodies (including cities, counties, States, Indian Federal app.ltca~'on cover sheet ~Fo:m ~F 424, and the ,e:t- tri':Jes, PHAs, lHAs, or any agency or instrumentality of a public clos.e? certification form, the application IS composed of eight body) in coopera!ion with a private nonprofit organization. An exhibits. 2.pplicaticn submitted by a public body in cooperation with a 9, Final assembly of application. The application must be private nonprofit organization must include an executed writ- assembled in the order shown in the Table of Contents. ten 2greernent bet\Neen the public body and private nonprofit Submit the completed exhibit forms contained in this applica- organization which delineates the respective rales and re- tion packet, including the Applicant Certification form, all sponsbillUes that each party will have in connection with the exhibits, and all attachments. Upon assembling the entire ap- planning activities described in the application. Applications plication, please (a) mark each exhibit with an appropriate submitted on behalf of two or more entities must specify which Iiumber, (b) number every page of the application sequentially, entity will assume legal responsibility as the recipient, and will (c) enter the appropriate page number of each application in a execute the grant agreement. reproducible formaton g 1/2" by 11" paper. 8e sure to cespond 3. Appllcatlon Deadline. The deadline date wi!! be3peti- to eac~ ~p~licable e~hibit include~, in t~,~ Table of Contents. If tied in the NOFA published in the Federal Register. One an exhibit IS not applIcable, enter N/A In the page colurlln of originally signed application and two (2) copies must be the Table of Contents. received by close of business on the deadline date in the HUD 10, Further Information. If you have any further question& Field Oifice serving the area in which the applicant's program regarding your application or allY otlier aspect of the program. is located. See the tist of HUD Field Offices in the NOFA. If call the HUD Field Office serving your area, as listed in the tnere is more than one HUD Field Office in your State, NO FA. telephone the offices to be sure that you are mailing to the correct office. P,ppiications delivered after close of business of Note: Unless otherwise stated, all references to Sectbns in ti,e deadline date published in the NOFA wi:1 not be accepted, the Exhibits refer to the Notice of Amended Program Guide- \( ou will IJe noWied that your application has been received. lines, dated January 14, 1992, Page I i I form HUO-400d6-A . . . Certification of Consistency with the Comprehensive Housing Affordability Strategy (CHAS) . 7he Appiic::~;,( mus~ provide 3. cer.ificatio'1 signed by the authorized pubEc offiC;c.11or the State or each unit ot genera' :cc2i gO'iernn''3nt ';,,.;(i":inwYhich theeligibie properties propcsed for use in the program are iocated slating that the proposed activities tire cO;,:oiS!3I,t with the CHAS for that State or wnit(s) at 9anerallocal government. This certification shou~d be attached !ol:owing t:>s ..~;:;::.:>.:.2.,,~ S-:rti!\Ca~:on3, (Se:.:tion 310 (b)(5)(i)) ;ecYnr.;,J;'~J::! ;0',,10: certf1caUor: 1. CH.i.S cG,ti;:ca:ion to accom~af1Y program fu~;dilig 2. CHAS cen.i:ications to 2..:;company program funding ,,',)pJisa:lon ill jurisdictions w;lt;!?e the CHAS or ablJre- application in jurisdictions where the CH/~S Qrab':lr~. v;.:r/p.d :1ir<:,~8gy ;-.a.s 3!reC'~;y been appro'i8d by vla!ed strategy has been submItted to blrt :lCi ~'I?t ~~~JD: approved tly HUD: The jcrisdiclion certifies the,: the proposed aclivrties The jurisdiction certnies that the propos;;;d activities am cons'slent wjth its HU~ :_ ..:>pro'led Comprehensive are consistent with its Comprehensive Housing Af- Housing i\ifordability S!;atfgy or Abbreviated Hous- fordability Strategy or Abbreviated Housing Strategy iT1g Strategy Wiser: the apr 'opriate strategy). (insert the appropriate strategy) recently submit1ed or now being submitted to HUD for approva~. Silln<lturo 07 ?ubnc Otlir.ial P.eJ;Y.l~sib:" io, Submitting 1he CHAS SiQ'l;in;re of Public Official Reapon&ible for SL!bmitting the CHAS Page I I form tiUD-40066.A. ;.. " This effort is consistent with our approved Comprehensive Housing Affordability. Strategy ( CHAS ) and the Housing Element of our Comprehensive Plan. RECOMMENDATIONS staff recommends the Commission approves the request to apply for federal funds to plan a new homeownership program, not to exceed $100,000. We further recommend the Commission approve the request for staff to enter into an agreement with the Housing partnership in order to develop and implement this new program. '.;1IlI '. . AppHcant Certifications (St.:bmlt a signe<J copy of this certification with the application) T,lC app\;can: c2rt1fies that: 1. ;~ '.vi!: comply with the requirements of the Fair Housing Act 5. I! will ensure that no Federa!ly appropriated funds have (42 _!.S.C. 36J1-i9) ane implementing regulations at 24 CFR been paid or will be paid, by or on behalf of the undersigned, Pa:i ~OO, Pzrt 109, and Pa!1110; ::xecuLv3 Order 11063 for lobbying the Executive or Legislative Branches of the (EJu;}j Cppoiiunity ;!! Ho~sing) <'.no implementing regulations Federal Government. (Refeno H1e government-wide common 2: 24 C;=R ?ar1 107; and Tille \II oj the Civii riights Act of 1964 rule governing the restrictions on lobbying, pub:ished as an (/;2 US.C. 2000..::)(NClldiscriminatior. in ,=ec'eraily Assisted interim n..:le on February 26, 1990 (55 FR 6736) and sU:Jple- Pfsgrar.ls) anj implementing regulatio'1s issued at 24 CFR mented by a Notice published ,June 15,1990 (55 FR 24540). :::3,: 1, 2nd w'il aifirma.t;'v'e1} turther fCiir housing. For HUD. this nJle is found at 24 CFR Part 87.} f=or :n'~:i2.n :ri'Jes, the tribe wiil comply with t:'e requirements of 7. It and its principals (a) are not presently debarred, sus- th0 indi2il Civil RiJhts Act (25 U.S.C. 1301 e~ seq.) which oended. proposed for debarment, declared ineligible or invol- ap;:;ii83 to tribes when they exercise their powers of self- untarily excluded from covered transactions (see 24 CFR gO\iemrr:?:nt and is applicable in all cases when an Indian 24.110) by any Federal department or agency; (b) have not !-1c:.Jsir~g ;\ut'10rity (IHA) has been established by exercise of within a three-year period preceding this application been such powers. in the case 01 Indian tribes and IHAs, the convicted of or had a civil judgment rendered against them ior 2;Jplic2:Jt "ii:! comp:y with the requirements o~ the ir.dian Self- commission of embezzlement, theft, forgery, bribery, falsifica- Determ;naUc'1 and Education Assistance Act (see 25 U.S.C. tion or destruction of records, making false statements or 45C'3(b); 5:3FR 2L752-53 ::lild 24755 (June 13, 1990). revising receiving stolen property; (c) are not presently indicted for or 2<\ C:=R SS3.165(2) 2nd (b) and 905.360). otherwise criminally oreivilly charged by a governmental entity 2. it \',';ii ccrr.;:!;! 'JVi~11 the Age Discrimination Act of 1975 (42 (Federal. State. or local) with commission of any of the of- fenses enumerated in (b) of this cer1ification; and (d) have not U.S.C. 6~ 0; -07) and implementing ;egulaticns at 24 CFR Part within a three year period preceding this application had one 'j 46, 'Nhieh prohibit rjiscriminaticn because of age in programs or more public transactions (Federal, State or local) terminated and c.Ct\/;iES receiving ~=:eder,d financial assistance. for cause or default. Where the applicant is unable to certify tc. 3. i, ',.vill compiy Witll Section 504 01 tile Re!1abiiitation Act of any other statement in this certification, such applicant shall 1373 (29 :';.::>.C. 784), as amended, and with implementing attach an explanation behind this page. rq~%tior:s i<::~ 24 Sf-R Par. 8. which prohibit discrimination 8. It will comply with conflict of interest provisions referred to C:152C on h~nci;c5.p in Faderaiiy-assisted and conducted pro- in S~ction 530 of the Notice of Amended Program Guidelines. c!,ra.T~s and ~~(.tiv!ties. dated January 14, 1992. 4. it 'I.i!: c~n~ply with the poiicias. guidelines, and require- 9. It wl!l meet all applicable program requirements described manis of 011.8 Circular A-87 (Cost Principles Applicable to in the Notice of Amended Program Guidelines. dated January Granis. Con~(acts and ether Agreements with State and local 14, 1992, and any amendments thereto contained In the NOFA Govemmenls). 24 CFR Part 85 (Administrative Requirements and Final Regulation. for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments). OMB Cir- 10. It shall ensure that it has not and will not receive asslst9.nce cular A-110 (Grants and Cooperative Agreements with Institu- from the Federal government. a State, or a unit of general local tions of Hig:'er Education. Hospitals, and Other Nonprofit government, or any agency or instrumentality thereof, lor Institutions), OMS Circular A-122 (Cost Principles Applicable activities for which funding is requested in the application. to Grants. Contracts and Other Agreements with Nonprofit In- stitutions), and audit req:Jirements described in OMS Circular A-128 implemented at 24 CFR Part 44 and OMB Circular A- 133 (Audits of Institutions of Higher Learning and Other Nonprofit Institutions). 5. a will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 and HUO's implementing regulations at 24 CFR Part 24, Subpart F. Signature uf Authonzeo Official i:t:e or AuVlOr'zad Ofl>c:a1 I~ Page I I form HUD-40086-A '. . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER;r~ SUBJECT: AGENDA ITEM # ~J5 - MEETING OF APRIL 14. 1992 GRANTING OF AN EASEMENT TO FLORIDA POWER AND LIGHT DATE: April 10, 1992 This item is before you to grant a ten foot easement lying in Block 50, Metcalf's Subdivision to Florida Power and Light. This easement is necessary in order to provide electrical service to the North Water Storage Tank. This was previously an overhead service. The electrical service to this building was reconfigured as part of the rehabili tat ion of the North Water Storage Tank; thus requiring the installation of underground electrical service lines. The cost of the underground service is in the construction contract. Recommend approval of granting of 10 foot easement to Florida Power and Light for the installation of underground electrical service to the North Water Storage Tank. ... HI' . . . Box 2409, Delray Beach, Fl 33447.2409 r ! . 1 fl -, ''', -" : t" - . ,<", (' !; - i-': \1\ C F :~ F=PL . : " ',. . "- .. ,. .' .. Q2 t' ;' '"I 11 ~.~ l' "0 . :..1 . J .' il.' I I . ,.' ,-..' . ' '..: ',) t~ L) March 12, 1992 Mr. Howard Wight City of Del ray Beach 100 N.W. 1 Avenue Delray Beach, FL 33444 Re: Easement for North Reservoir Dear Howard: Enclosed is the easement required to provide electrical service to the North Reservoir. Please have the Mayor and City Clerk sign the original and return it to me for recording. The signatures and names of two witnesses are to be written in the spaces allowed. All signatures are to be notarized. Finally, please write in the City's Tax J.D. Number in the upper left hand corner on the line for "Parcel 10#." If you have any questions, please call me at 265-3104. Yours truly, ;%~ A. G. Russillo, Jr. FPL Account Manager AGR:sp an FPl Group company ,.... . work Order' No. 5213-7-427 EASEMENT THe ....,....... ,. ~ ~.. By I Sec.-1i. Twp~S, R~ 43 E I A. G. Ru s sill 0 I Parcel 1.0. If Fl.ORIOA POWER" UGHT COMPANY i PO BOX 2409 I tMaiaIa...o by ~y~) F1.0. Addr_ I FOftB 3722 (SIoduII) a.... 2192 . DELRAY BEACH, FL 33447 I . \---- The undersismed. in consideratioa of the paymeat of $1.00 and other good and valuable consideration. the Idequcy _ receipt of wluch is -bereby ~ JIIIIl aoci give to Florida Power ck Ligbl C^~y, icsli<- . &pall. pit . _ a.SS1J:. au e--.-* forever forthe~o"erMiGuDli-~."'''' of~aoci .........-ie&.:u1c ~~ Ta:., (in udiag wi..., PO-.J':YS. cab.... cnnduitl - &p9WUlo-4 -'--1 _.a) to be iDsbned from em. to tame; wath ....... to recoDSUUCt. i~. to. ea1up. chap the voltage, u well as. the size of ad remove such fKiliti_ or auy of ........... an el-t ~ feel in width delcribed u foU~: A 10 foot wide easement lying in Block 50 t~ETCALF'S SUBDIVISION of Block 50 and 58, Town Of Delray, Florida, according to the Plat thereof in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 10, Page 47. The centerline of said easement is more particularly described as follows: Conmencing at the Northwest corner of said ~lock 50; thence S 090 00' 00" W. (as a basis of bearing) along the west l1ne of Block,50, ,a dlsta~ce of 241.19 feet to the Point of Beginning; thence N. 880 41 08' E, a d,stance of 144.00 feet to the end of said centerline and the end of said 10 foot wide easement. Containing 1,440 square feet. ~ with the ritt to permit ID, ocher ..... firm or ~ to dIda wires to la' faciliti_ ......... -laJ cable CClDlbait widUa --~ * _ to operlIIe .. __ for c.o --..,.tioat ~ the ri.. of mp- _..-.. ... preaa.. at all ti...-; die ript to cleu' the lIDd _ keep it c1..- of all ~ ~..-* ad odIer obItruc:tiaaI......... --t area; to trim lad cut - keep trillllDld _ cut all deId. weak. leaaiDl or ....... ere. or limbl v-'" . ..1- 01 .... ~-t area wbida miPt interfere with or fall upc. die w....or .,..... 0 CQPIl..--....tiOll. or .= bL .. or disuibution; ad m.u- ~ to die fu.IleIt _1111& 1M uadeni.... _1M power to p1IIIl. if at all. the Ii .............~ OD the lIDd Mncofore deKribed, over, UOIlI, IIIIder _ICIU. die raMs, IIreeb or bipways adjoiaiq or tbroup... .-41-&)'. IN WITNESS WHEREOF, the UDdeniped bas liped _ -.led dIi8 m...'"-ul OD .19_. Signed. sealed _ delivered in the p.amce of: By: ~ :. '. .....) (W.... .11'-') PriDt N!.t!2!11as E. ynch, Mayor PriDl Addna: 100 NW 1 Avenue Print Name (WtlMaa) Delray Beach. FL 33444 AtteIt: (~'...-.) (w.... .1..-., Print~.ll~son MacGregor Harty, City Clerk Print Name (w...., Print Address: 100 NW 1 Avenue Delrav Beach. FL 33444 (Corponre Seal) STATE OF AND COUNTY OF The forqoiag illSU1llllellt was ackDawIedpd before me this day of . 19_. by . md respectively the President and Secrecuy of . a corporatioo, OD beUJf of sail corpontion. who are penoaally known to me or bave produced u identification. and who did (did DOt) tab ID odl. My CoDlllllSlioa ~: (Type of 1deai6caliaa) ~ N-., Mia, ~ - Print Name k'. . . SKETCH OF EASEMENT N I i THIS IS NOT A SURVEY I I - I ... I N.W. 3rd ST. (Platted .Sutton Street.) (50' Right of 'Jay) ~\.p.;nt -;, Camm..com.nt -- - N. 89.09'00. w. NOT TO SCALE N.W. Corner of Blocl: 50 ...... 0 ; , (" "? I ....: -I '" .. .:J. en ~ "'" . I ~ I is N BASIS OF BEARING I co ~ or' o ...... fl ~ ~ -- ~ . I :J Lot 21, Block 50 I -' as - 0 Hi ::: Q 0 -- u_ I ~ ~ (:) N. 89.09'00. W. 135.6' Q.. 01 0 I .........- . . 0: 0 I ...... 0 I I t.n 0 . , In '" '0 ..... 0 c: Lf) N .:J. ~ 2l :Z c::l "? a -' I , , I I I ---- \ I ~'_ 89.09'00. W:.._ 135.6' 1-- 0 l- ll) z Lot 19. B10cl< 50 2i , ->><. Q.. I ~ a:l '" .... 0 -' LEGAl DESCRIPTION' A 10 foot wide easement lying In Block 50, METCALF'S SUBDIVISION of Block 50 and 56, Town of DeJray, Florida, according to the Plat thereof in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded inllat Book 10, Page 47. The center I ine of said easement Is more particularly: described as follows: I Commencing at the Northwest corner of said Block 50; thence S.OO.OO'OO' W. (as a basis of bearing) along the west line of Block 50, a distance of 241.19 feet to the Point of Beginning; thence N. 88.41'08. E., a distance of 144.00 feet to the end of said centerline and the end of said 10 foot wide easement. Containing 1,440 square feet. "~~L~~ MICHAEL J. MILLER 4034 IIl'llllNCIS , ICAI.l Nt::I/Vi! MILLER LAND SURVEYING L>- ~ l!:$ /"1.:T1'"1 '01 NO 011 :7:2-0093 . .-'? R. P.O. BOX 3&18 407-586-2669 'llLD "Tf .&'E8. /O~/~:J2. LANTANA. FLORIDA 33465 S./39.2r' ... ,. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS r~' ;; FROM: CITY MANAGER!l! ' SUBJECT: AGENDA ITEM i ~c: - MEETING OF APRIL 14. 1992 RATIFICATION OF EMERGENCY REPAIR DATE: April 10, 1992 At the March 11, 1992 regular meeting, the Commission approved the award of contract for equipment rental and emergency assistance with Johnson- Davis, Inc., Belvedere Construction, and W. Jackson and Sons Construction. This 'contract provides that as needed, the Public Utilities Division will call these three contractors and request them to submit a total price to complete emergency work. Subsequently, there was a break in a sanitary sewer line, located on S.E. 2nd Street between Swinton Avenue and the FEC Railroad. Johnson-Davis submitted a low bid of $28,000 to remove and replace 328 linear feet of 12 inch vetrified clay pipe with PVC and to supply and install one manhole 9/10 cut. This work was completed on April 1, 1992. Recommend ratification of emergency repair and approve payment to Johnson and Davis, Inc. in the amount of $28,000 with funding from Water and Sewer Repair and Replacement Sewer System/Mains and Lines (Account No. 442-5178-536-60.66). .,. . . , ,,- . MEMORANDUM TO: David T. Harden City Manager FROM: George Abou-Jaoude Deputy Director of Public utilities SUBJECT: SANITARY SEWER EMERGENCY REPAIR S.E. 2ND STREET BETWEEN SWINTON AND RAILROAD DATE: March 20, 1992 The Sewer Network Division, on Thursday, March 19, received a phone call on a sink hole at the above mentioned location. We visited the site and confirmed the call. There was more than one sink hole in the pavement. The sanitary main was T.V.'d, inspected and the results are as follows: - The main is 328lf of 12 inches vetrified clay (2 to 3 feet sections) . The main contains multiple joint cracks with areas that have holes in the top. Depth to the main is approximately 9.3 feet. We also need to replace a brick manhole. The main is at the north side of a two lane road about 7 feet from the edge of the sidewalk. Methods of Repair: Trenchless Dipe reconstruction system: This is per Palm Beach County annual contract with Insituform. - Mobilization $2,700.00 ~ - TV Inspection $200/hr 600.00 - Medium Cleaning $2.50/lf 820.00 ~ - 7.5mm Nominal Thickness $57/lf 18,696.00 0-' ;,J.- for pipe - By-pass Pumping $2.20/lf 722.00 7" ~ - Pump Operation $31.50/hr 252.00"( - Tap Removal $1800/each 1,800. 00 ~. - Traffic L. S. 230.00" ~~e"( TOTAL $25,820.00 y~~ 'i This cost does not include manhole replacement or pave~ restoration for sink holes. , , II., . . Open cut and replacement: . Attached please find a fax reflecting cost by Johnson & Davis, approved emergency contractor by City commission March 11, 1992. . (Approximate cost $28,800). Because of the condition of the pipe, I recommend open cut. Please review and advise as soon as possible. Funding source will b 442-5178-536-60.66. ! r ,) ; ,(J If' ji - ,/.., -~~....--.. ~ Approved Date David T. Harden City Manager GA:smm ATT: File: Memos to City Manager GAEMER.DOC J, ., .. .,. ...-- '. . ~ , , ' .. " JOH NSO'N.DA VIS INC. , ~~ 004 tit LLcHiA I r-1 U R 1 V E &~ :It-lTr1ACr :-. 9 - "':1'" Oli' " . ii> ", r. .j. ;~' LANTANA, FLORIDA 33462 . . <i'''' " r 6', ''?' H',;".; ;.., ,,~ . <;::., \ '~'r~ c::=o..,-~~, 0'; g:'. ,. .: -""{,G1 ': ~ U~~l~" 407..588.1170 \ 0 ' ,'._ -z... ;0 o~ .' \?, " ~r 'J . .. .~t O<'!~~'.JI.t?~it~.S". . , o~ ...~,;.' ,; '(!' ,',.. ., 'r-':lt FltX NO. 407-585-5252 '" ", j,..:..,.,. ~. :.~(,;TH" f\~O~"'" DATE: 3- dO-Oj2-. ?AGES: :A- (includir1g cover page) TO: C/71 C;; UE 1M Y .&fiul) , ATTN: ,/1,1; C~.;7A7e. Abeu _f'J/)~VD~.. FROM: ~~6 . S//~A.., MESSAGE ~fAS~ );C v /}A;~.[ A>> 7 C~a /cJU OU.fs ') JdJv5. I I ~-7$l~J rbv. .- ... .... . . '. . . J - D JOHNSON-DAVIS INC. HEAVY CONSTRUCTlON . ~~1'J. UNDERGROUND VTlUTIES 804 HIl.UlAATH DRIVE LANTANA. FlORIDA 334S2 407,588-1170 March 2 0 , 1992 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 RE: Bid #=92 -17 Dear Mr. Abou-Jaoude: We respectfully submit the following proposal for your consideration. REMOVE A."iD REPLACE 328 LF OF J2 rr vep WITH 12" pvC LUMP SUM.... _ _ . . . . . _ . . . . . . _ . . . . . . . . . . _ . . . . _ _ . $ 2 5 . 00 0 . 00 SUPPLY AND INSTALL ONE MANHOLE 9/10 CUT L~ SUM.... _ _ . . . . . - - . ., . . . . . . . . . . . . . . . . . . . . . . $ 3,800.00 Our price includes labor and equipment, base replacement, asphalt replacement. We exclude supply of 12" PVC pipe, cost of density tests, cost of permits, thermo stripping and ~ater meter deposit. If proposal is acceptable we will schedule utility locations and mobilize project as soon as possible. If we may be of any further assistance, please contact our office. ~ U ~ z:~. . vfi. obert E. Spin Vice President RES/pmc . ,. , , ! I i ) '. I:ITY DF DELARY BERtH , . , . PURCHASE ORDER ~ PURCHASING DIVISION " ,.) , ;, . 100 NW FIRST AVENUE DATE: ,'), DELRAY BEACH, FLORIDA 33444 407/243-7160 ::107 ' C THIS NUMBER MUST APPEAR ON ML " PACKING LISTS, LABELS, BILLS OF LADI VENDOR: . SHIP TO: CORRESPONDENCE, ~ i II i II ( ,. I I' I ; ,(,\I T r: II '(' f: I. I, " Uf [lp 1 j';ly PPd ,_ h r- ., ., . . " ~"',' I" ,'- I ,. . , ",' r' I ,. '" ~ I''''' .' , ,--,-r'. , " r-' ro.'.... 1.' I I 1 I, I I I ~ t ii' I '"T'. l ./r_ 1- 1'1 './ _I fl.1 iI'-1l Ir". 1',1 f t'it ,-:" -. r'o 'l.' J 1__ I~.. ,-,> I IIi!!, II J, ;: I. (,,~I]ir' I]~ '1 c; .. SWII'll CHI (WFt-IlJE .. ~ I , r "'- ,~ . ...,..- " '-I . <'L '~ ,'1,1 c, I J r' '_ I '~t' t I PCt ....,1 I VENDOR NO. I DATE NEEDED: I FOB: 1 CONFIRM TO '~. . J, 'j' fo'I I ..I." ') , " r , ~~ I T sr~UTl , I 'UI-II,ISU" REQUISITIONED BY REQ. NO. TERMS ~,fii,' ) - l{\rH rpF ~ 'I T ( I ',,', f f.1t 1;- 1.1 ~I'1 ~vlri)O(-'iVi.7 268 IIET LINE QUANTITY UOM DESCRIPTION UNIT PRICE TOTAL PRICE NO. I, ,'q:)()(". ,,',1.) If".) lJ ,': I'F PC; ::t Ie", nE,r-'~\ I F~ tJl- <'"31. r'li( 1 , . ',I " I'." " , .' r". ,-,.. I r', ....~. ....r-r--.,... .- [, ), f' III ~_lll.' . j I '''.r,f. I Hi' T l.'~ ':;\ c~l"! J t I r 'J11 . rm , . . ,I I.... '1 . ,,- ,- I" ,rf'. r-'., ..,,... .... ...." 'I I "'l_If', llll_, I f II. lolfr:. C". f" llf , It. '''' '_ I J ,"{} . : ~~, '_~ "J r I " ,~ ..'" , ,.., ,- ,- .~ r,...' I """ "'" 1.1 II. I ',tl I.'" I " . t 11'1- ~ _. ~ 'I '-I , I~. t t I ! I)i' ,'I' "-':)1 )".'1' [\ P\ [' II '( , '. I ,~ . , ,-. . r \' , , '.11" II ., . \1" I I , ' r j'qTtll" I \ 1"- &. , .', r-'" J ~- I". I I 11 11 'r, .. ~ {\["[ 'I ':U \i r: D [l"( C Jl( t-li',fJr-,GER. l~lU.UI.Ji,j [ : <1 4 2~) 1. ,7U~j:){)6066 HILL TO: APPROVED CITY OF J>ELRAY BEACH ACCOUNTS PAYABLE lUll N,W. 1st AVENUE ...- , J>ELRAY ImACH, FLORIUA 33444 ,- . /' ,? " , , I /- ,<J ",' . 1/' ,'" ,:" FLORIIlA STATE SALES TAX EXEMPTION ~0~~'CHASINC;~~;;:;~'-- -_/ CERTIFIC ATE NO, 04-00219-08-60 ORIJER SUBJECT TO TERMS ,INIJ CONIJ/7'/ONS ,is ON RIiVERSE OR ,11TACHlW REQUISTIONING DEPT. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER-f~ SUBJECT: AGENDA ITEM i 'l':D - MEETING OF APRIL 14. 1992 RESOLUTION NO. 43-92 DATE: April 10, 1992 This is a resolution amending Resolution No. 32-85 to clarify the Community Redevelopment Agency boundaries. Staff discovered errors and omissions in three resolutions previously adopted which describe the CRA boundaries. In order to rectify these mistakes, the City Attorney's Office has drafted this resolution which encompasses the entire CRA area and corrects those deficiencies. Recommend approval of Resolution No. 43-92 clarifying the Community Redevelopment Agency boundaries. '.1. . . 4 C ~ .:: -. '3: j'" 5 S ~ ~ ~ ':! - .~ . 1 CO : ''7 : - - CITv 8TTJRNEY'S OFFICE TEL ~ll], . - - ~ - - , ' .- .. ,,' 'IT' DF DELAA' IEA[H CITY ATTORNEY'S OFFICE 200 NW 151 AVeNUE' DELRAY BEACH, FLORID" 33444 FACSIMILE 401/278.4755 W.&~..'. DL._.~ LLn_ (407) 243-70iO MJ:NORANDUM Date: April 9, 1992 To: city Conunis8ion From: David N. Tolc.s, AS8i.tant City Attorn.~ Subject: eRA Boundary Resolution This resolution clarifi.. the boundaries of the community redevelopment area. Three previous resolutions describing the area have been approved by the City Commission. There are several errors and om1ssion. 1n the pr10r descr1ptions, and this resolution correcta those errors and omissiona. If you have any questions, please call. ON'!' : ah --... Attachment cc: David Harden, City Manager Cheryl Leverett, Agenda Coord1nator ~ 43/9;}- - ". '"', ....., ~ ~ l = . - 1 - TEl... No , 407 -\...... :. 4-c-= Hpr- '.\' 1;'_ ..... - ~ : . HTTiJRNE\' '; OFFICE - . , ~ - - eIn ~. .. .~...~_.... .,. ... I RESOLUTION NO. A RESOLUTION or THE CITY COMMISSION OF THE CITY OF DELRAY lEACH, FLoRIDA, AMENDING RESOLUTION NO, 32-805, SY REPEALING SECTION 4 AND ENACTING A NEW SECTION 4, WHICH REFERENCES AN AMENDED APPENDIX j'A" WHICH DESCRIBES TH! SLUM AHD SLIGHTED AREAS WITHIN THE CITY or DELRAY IBACH, AS REQUIRED IN FLOR IDA STATUTES, CHAPTER 153, PART III; PROVIDING AN EFFECTIVE OAT!. WHEREAS, the City COlNI\iuion at the City of Del ray Beach, Florida, did, on Mey 14, 198', adopt. Resolution NO, 32~8S finding thet one or More .lum and bl1ghted are,.. .. detined in Florida Statutes seet10n 163.340 or area. in which th.~e i. a shortage of housing afford- able to re.ident. of lower moderate 1nco~e, includlnq the elderly, or a combination thereot, eKi.t 1n the City of De1ray Beach; and WHEREAS, the City Comm18aion of the City at Delray Beach, Florida, ha. tound and declared in R..olution No. 32-85 that a need tor rehabilitation, redevelopment, or a combination thereof, 18 nece.sary in .uch area. in the intere.t of the public health, sa fety, morale I or welfare of the re.idents ot the City of Delray Seach; and WHEREAS, the City Commis.ion ot the City of De1ray Beach, Florida, has found end declared in Resolution No, 32-85 that there i8 a need for a Communi ty Redevelopment Agency to function 1n the City ot Delray Beach to carry out the community redevelopment purposes of Chapter 163, Part III of the Florida Statutea; and WHEREAS, the City Commll1ion of the City of Delray Beach, Florida, by Ordinance No. 45-85, adopted June 18, 1985, did create 4 Community Red.v.~opm.nt Agency a. provided in Florida Statute. Section 163.3'51 and I WHEUAS , in Re.olut1on No. 32-85, R8Iolution No, 9-96, and R..olution No. 47-81, the City commi..ion of the City of Oelray Beach, Florida, found that one or mor.slum and blighted are.., as defined in Florida Statute. Section 163.340, or area. in which there il " shortage of hous1ng affordable to reSident. ot lower or moderate 1ncome, including the elderly, or a combination thereot, ex1,t within the City of Celray Beach and described the areas more fully in Appendix "A" of each re.olution; and WHEREAS, certain properties were .pUt by the boundary de.cription. included within Appendix "A" of Resolution. No. n-a5, g-e6, And 41-$7; and WHEREAS, proper tie. outlide of the City of Delray BeAch City limite were included in the original boundary de.cription; And WHEREAS, t.he Delray Beach City CommU8ion 18 desirous of correcting the minOr errors in the prev1ou. deacriptions, by incor- porating the Appendixe. from R..clution Koa, 32-85, 9-86, and 47-87 into one legal de.criptlon. NOW, THEREFORE, Bt IT RESOLVED BY TH! CITY COMMISSION or THE CITY or D!LRAY BEACH, FLORIDA, AS rOLLOWS~ '.~t10n te' That Section 2 of Resolution No. 9-86, and Section 4 of R..o ution o. 47-87 are hereby amended in their entirety and replaced by the bo~ndari.. a. d.scribed in Exhib1t "A". --.---- . 1....., ""....,.... ~"7 I""" ~ ,"', ._ - - . 1 =- . -, - , _ ~ ~ ", ~ 'I E ,- ,~"" "" T 1- ~ T E! ~j I"' ,';.. 'i , _ - ',:: >-1 P , , : - - - - - - C I T "'j' Hi: ,j ;.', ~ . ) U r l'" 1_ - ' ~ -' ..- . . Section 2. That a new Se~tion 4 i8 hereby enacted to ~.ad 4S . follow,: , . section 4. That the ar.a the City ot 081ray Beach more fully : de.~r1bed 1n the .mended Appendix "A" 11 hereby tound and declared to be 4 ,lum and blighted area, as deUned by and within the ~ purpo... and int.nt of Florida Statutel, Chapter 163, Part 3. " Sectlon 3. That ".,olutlon No. 47-87 ls hereby ratified and ,1 .11 properti.. lying within the ar.. d..cribed in Appendix "A" are subject to exercl.e of right., power., and privilege. granted by Chapter , 163, 'art III of the Flor1da Statute. upon the latter date of the p...age of R.,olution No. 47-87 or the propertl.' annex.tion into the Clty. Section 4. That a. to any properti.. lying within the area d..cribed 1n Appendix "A" which .1'. annexed into the City lubsequent to the d.te of p....g. of this r..olution, that ..id prop.rties shall be subject to the .x.rci.. of the right., power. and privileges granted by Ch.pter 153, Put III of the Florida Statute. at the tIme of their annex.tion if the City Commlulon deeermines that. .lum and bl1qhted condition. rem.in. Section 5. That the Clty Clerk be directed to forward 4 certlfied copy ot thi. resolutlon to the Palm Be.ch county Tax Appral..ra Office. Seet!Qn 6. That tni. re,olution shall become effective immediately upon it. p....g.. PASSED AND AOOPTtD 1n regul.r Be..lon on the _ day of I lU2. MAY 0 R ATT!ST: I I City CluJc '. 2 Rea. No. II~' 407 ~':' 3: ,:1-:-S5 ~Cf- - ~ :~ ...., 15:~: - - CITY ATTORNEY'S OFFICE TEL No, - - , - - , . . :> ... " APPBHDIX A AMENDED LEGaL DBSCRIPTI0N COMMUNITY RBDBVBLOPMBH'1' AREA Beginning at the intersection of the north right-of-way line of N.W. 4th Street and the east right-of-way line of Swinton Avenue, thence run westerly along the north right-of.way line of N.W. 4th Street to N.W. 4th Avenue; thence run westerly along the north right-of-way line of Lake Ida Road to the east right-of-way line of the 8.4 Canal; thence run southwesterly along the E-4 Canal to the east right-ot-way line of 1-95; thence run southerly along the east right-ot-way line ot 1-95 to the north right-of-way line of S.W. 10th Street; thence run easterly along S.W. 10th Street to the weat right-ot-way line of S.E. 6th Avenue (u.s. #1 northbound); thence run northerly along S.B. 6th Avenue to the north right-of-way line ot S.B. 2nd Street; thence run easterly along said right-of-way line of 5.8. 2nd Street, and the easterly projection thereat to the west right-of-way line of the Intracoastal Waterway; thence run northerly along the west right- of-way line of the Intracoastal Waterway to the south right-of- way line of S.E. lat Street; thence run easterly along the easterly projection of the south right-of-way line of S.E. 1st Street to the east right-ot-way line of the Intracoastal Waterway; thence run aoutherly along the east right-of-way line ot the Intracoastal Waterway to its intersection with the westerly projection ot the south right-ot-way line of Miramar Drive; thence run easterly along the westerly projection of the south right-of-way line of Miramar Drive and along the south right-at-way line of Miramar Drive to the northeast corner of Lot 4 of the Williamson Deibel SubdiVision, 8S recorded in Plat Book 18, Page 55, Palm Beach County Records; thence run southerly along the east lot line ot said Lot 4 to the south line of said Williamson Deibel Sub~ivision; thence run westerly along the south line of sai~ Williamson Deibel Subdivision to the east right-ot.way line of Gleason Street; thence run southerly along the east right-of-way line ot Gleason Street to the south line of the Dover House Condominium; thence run easterly along the south line of said Dover House COndominium to the west right-of-way line of AlA; thence run northeasterly along the west right-Of-way line Of AlA to the easterly projection of the north right-of-way line of, Lowry Street; thence run westerly along the easterly projection of, the north right-of-way line ot, and the westerly projection of the north right-ot-way line of Lowry Street to the weat right-af-way line Of the Intracoastal Waterway; thence run northeaaterly along the we.t right-oi-way line of the Intracoastal Waterway to the centerline Of the right-of-way of N.R. lat Court; thence run westerly along the centerline of the right-of-way of N.E. 1st Court to the west right-of-way line Of N.E. 7th Avenue; thence run southerly along the west right-Of-way line ot N.E. 7th Avenue to the south lot line of Lot 15 of BlOCk 115 of Town of Linton Plat as recor~ed in Plat Book 1, Page 3, . TEL No, 407 :.27:3 J7SS ~;g ~:i 7 I :~ .2 ::; _ 0 : " CITY HTTORr~tV .:,.JFFICE , , , , 'lP ~ Palm Beach County Records; thence run westerly along the south lot line of Baid Lot 15, and the westerly projection thereof to the east lot line of Lot 5 of Block 115 of said Town of Linton Plat; thence run northerly along the east lot line of said Lot 5, and the northerly projection thereof to the southeast corner of Lot 38 of The Hofman Addition, as recorded in Plat Book 5, Page 3, Palm Beach County Records; thence run easterly along the easterly projection of the south lot line of Lot 38 to the Bouthea.t corner of Lot 49 at said Hofman Addition; thence run northerly along the ea.t lot line Of said Lot 49 and the northerly projection thereot to the nor~heast corner of Lot 44 of said Hofman Addition; thence run we.terly along the north lot of said Lot 44 and the we.terly projection thereof to its intersection with ~he southerly prOjection of the east lot 11ne of Lot 14, McGinley and Gosman's Subdivision, as recorded in Plat Book 2, Page 87, palm Beach County Records; thence run northerly along the southerly projection of the east lot line of said Lot 14, the east lot line of said Lot 14, and the northerly projection ot the east lot line of .a1d Lot 14 to its intersection with the centerline Of the abandoned N.B. 7th Court right-of-way; thence run easterly along said centerline of N.E. 7th Court right-of-way to the west right-ot-way line of N.E. 7th Avenue; thence run northerly along N.B. 7th Avenue to the northeast corner of Lot 4~, MCGinley and Gosman's Subdivision, as recorded in Plat Book 2, page 87, Palm Beach County Records; thence run westerly along the north lot 11ne of said Lot 45 and the westerly projection ~hereot to the southeast corner of Lot 59 of said McGinley and Gosman's Subdivis1on; thence run northerly along the east lot line of said Lot 59 and the northerly projection thereot to the north line of the Sophia Frey Subdivision, as recorded in Plat Book 4, Page 37, Palm Beach County Records, thence run eaeterly along the north 11ne of said subdivision to the southwest corner of the Martell Arms Plat, as recorded in Plat Book 37, Page 133, Palm Beach Count~ Records; thence run northerly along the we.t line of said Martell Arm. Plat to the northwes~ corner ot said Martell Arms Plat; thence run easterly along the north line ot sa1d Martell Arms Plat to the weat.right-ot-way line Of N.B. 8th Avenue; thence run northerly along the west right-ot-way 11ne of N.E. 8th Avenue to the north line of Kenmont Subdivision, as recorded in Plat Book 20, Page 65, Palm Beach County Records; thence run easterly along the north line of 8aid subdivision to the west line ot the Denery Lane Subdivision, as recorded in Plat Book 23, Page 238, Palm Beach County Recorda; thence run northerly along the west line Of said subdivision to the south line ot La HaCienda Subdivision, as recorded in Plat Book 15, Page 6, Palm Beach County recorda; thence run easterly along the south line of said subdivision to the west right-of-way line of the Intracoastal Waterway; thence run northerly along the west right-ot-way line of the Intracoastal Waterway to its intersection with the south town limits of the Town of Gultstream; thence run westerly along said south town limits to the SOutherly projection of the ea.t line of Delray Beach Estat.., as recorded in Plat Book 21, Page 13, Palm Beach County Recorda; thence run northerly along the southerly 'l1li CITY ATTORNEY'S OFFICE TEL No, 40.7 273 J~SS A~:- :I~I?~ ~:::- ;: ,~ f . .. ~ -.... projection df, an~ the east line of said Delray Beach Estates to ita intersection with the east right-of-way line of State Road 5 (U.S. *1); thence run southerly along said east right-Of-way line to its intersection with the easterly projection Of the south lot line of Lot 20 of Delray Beach Eatates as recorded in Plat Book 21, Page 13; thence run northwesterly along the easterly projection of the south lot line of sai~ Lot 20, the south lot line of said Lot 20, and the westerly projection of the south lot line of said Lot 20 to the west right-of way line of Old Dixie Highway; thence run northerly along the west right-of-way line Of Old Dixie Highway to the south right-of-way line of Gulfstream Boulevard: thence run westerly along Gulfstream Boulevard to the east right-of way line of N.E. 2n4 Avenue; thence run southerly along N.E. 2nd Avenue to the north right-of-way line of N.E. 8th Street: thence run westerly along N.E. 8th Str.et to the east right-of-way line of North Swinton Avenue; thence run southerly along North Swinton Avenue to the point of beginning. However, said area as defined by the boundaries described above ahall not include such properties presently outside the jurisdiction of the city of Delray Beach until such time as those properti.. may be annexed by the City of Oelray aeach in which event they .hall become part of the area. ..} --------,--_....,- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER '-~f;/" ~ SUBJECT: AGENDA ITEM i gE - MEETING OF APRIL 14. 1992 RESOLUTION NO. 36-92 DATE: April 10, 1992 This is a resolution supporting the concept of AMTRAK service from Jacksonville to Miami along the Florida East Coast (FEC) Railway corridor. The Florida Department of Transportation and AMTRAK are in the initial stages of negotiations with FEC for the use of their rail corridor for passenger service. Establishment of service along this corridor has the potential for providing improved, convenient service between downtown centers along the east coast. The Treasure Coast Regional Planning Council has adopted a similar resolution and has asked Treasure Coast cities to participate as well. Recommend approval of Resolution No. 36-92 supporting the concept of AMTRAK service from Jacksonville to Miami along the Florida East Coast (FEC) Railway corridor. ",. . . - --..----' ----- -~.__._---~- _.,--- -- --- -_.---,-----~ ~-- -- ------- ---- - RESOLUTION NO. 36-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE CONCEPT OF AMTRAK SERVICE FROM JACKSONVILLE TO MIAMI ALONG THE FLORIDA EAST COAST RAILWAY CORRIDOR. WHEREAS, AMTRAK presently does not provide full service to heavily populated coastal communities between Jacksonville and Miami; and, WHEREAS, the existing Florida East Coast freight rail lines between Jacksonville, Delray Beach, and points south will facilitate this service contingent upon improvements to accommodate passenger train service; and, WHEREAS, regular AMTRAK service along the East Coast would provide Treasure Coast and Palm Beach County residents with a transportation alternative, and better, more diverse service; and, WHEREAS, regular AMTRAK service would facilitate inter-city transportation service and commerce by connecting Treasure Coast communities such as Vero Beach, Ft. Pierce, Stuart, and Delray Beach to Jacksonville and other important destinations; and, WHEREAS, such service could significantly enhance ridership on the Tri-County Rail and metrorail, a facility of significant State and Federal investment; and, WHEREAS, a Delray Beach AMTRAK station on the Florida East Coast rail line would further the City's goal of revitalizing its downtown area, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, supports the concept of AMTRAK service between Jacksonville and Miami along the east coast corridor of the FEC, with a station in De1ray Beach, and supports the efforts of the Florida Department of Transportation to initiate such service as soon as is possible. PASSED AND ADOPTED in regular session on this the 14th day of April, 1992 . I MAYOR ATTEST: City Clerk . "'III' '. ecvure coad regIonal Plannin, g counc I MEMORANDUM To: County commi~Sio~~rs, Chairmen and Mayors From: Daniel M. ca~ Date: March 24, 1992 Subj ect: AMTRAK Service The Treasure Coast Regional Planning council adopted the attached Resolution at its March 20, 1992 meeting. It supports the concept of AMTRACK service between Jacksonville and Miami within the FEC Corridor. Council believes such service would benefit the Region and its local governments in many ways, and would strongly encourage and request that each local government send a similar resolution supporting this concept to the FOOT in Tallahassee. In order to have maximum impact, we would encourage these resolutions be transmitted to FOOT by April 30, 1992. Thank you for your consideration of this matter. I ~ \~ ~ i=lLr;; . 3221 s.w, martin downs bIvd. suIM 205 . p.o, box 1529 .,.... palm city, 1I0f1da ~990 phoM (.07) 221-4060 sc 269.4060 lax (.07) 221.4067 . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS './. / FROM: CITY MANAGER' II>' SUBJECT: AGENDA ITEM if ~F - MEETING OF APRIL 14. 1992 RESOLUTION NOS. 37-92 THROUGH 42-92 DATE: April 10, 1992 These are resolutions authorizing the execution of supplemental agreements with the Florida Department of Transportation (FDOT) consenting to the assignment of Pipeline Agreements with the Seaboard Coastline Railroad Company (CSXT) to FDOT. The State of Florida, through DOT, has purchased the north/south rail corridor located from West Palm Beach to Miami, from CSXT. As part of the purchase, CSXT has assigned its interest, as specified in the Pipeline Agreements, to FDOT. In order to effect the assignments the City must consent to the assignments by entering into the supplemental agreements with FDOT. The City Attorney's Office and Engineering Department have reviewed the supplemental agreements and recommend approval. Recommend approval of Resolution Nos. 37-92 through 42-92 authorizing the execution of supplemental agreements with the Florida Department of Transportation (FDOT) consenting to the assignment of Pipeline Agreements with the Seaboard Coastline Railroad Company (CSXT) to FDOT. . . . . . -- - ._-~ - -- ---- -- - -.. ---- -..-- --_.,----------- ------ -- --~----- --- - ----~--_.__.- RESOLUTION NO. 37-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPELINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT") AT A POINT 481 FEET NORTH OF THE RAILROAD I S MILEPOST SX-987, DELRAY BEACH, FLORIDA, DATEO JULY 20, 1976. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That FDOT purchased the north/south rail corridor located from West Palm Beach to Miami, Florida, previously owned by CSXT. As part of the purchase, CSXT assigned its interest in the agreement between the City of Oelray Beach and CSXT, contract number SCL 25873 dated July 20, 1976. In order to effect the assignment, the City of Delray Beach must consent to the assignment of the agreement to FOOT, by entering into the supplemental agreement with FOOT. Section 2. That the City of Oelray Beach does hereby consent to the assignment of the agreement from CSXT to FDOT, and the Mayor, with the attestation of the City Clerk, be, and they are hereby authorized to execute the supplemental agreement for and on behalf of the City of Delray Beach. Section 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 14th day of April, 1992. MAY 0 R ATTEST: City Clerk . . ''. , . ~--- - --- ---- ~-- ~_.- '- ---- -- -------- ------ ----~---------------_.._----------- . RESOLUTION NO. 38-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPELINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT" ) AT A POINT 1,967 FEET SOUTH OF MILEPOST SX-987, DELRAY BEACH, FLORIDA, DATED JANUARY 15, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That FDOT purchased the north/south rail corridor located from West Palm Beach to Miami, Florida, previously owned by CSXT. As part of the purchase, CSXT assigned its interest in the agreement between the City of De1ray Beach and CSXT, contract number SBD 6692 dated January 15, 1985. In order to effect the assignment, the City of De1ray Beach must consent to the assignment of the agreement to FDOT, by entering into the supplemental agreement with FDOT. Section 2. That the City of Delray Beach does hereby consent to the assignment of the agreement from CSXT to FDOT, and the Mayor, with the attestation of the City Clerk, be, and they are hereby authorized to execute the supplemental agreement for and on behalf of the City of Delray Beach. Section 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 14th day of April, 1992. MAY 0 R ATTEST: City Clerk #. f . . . --- ~_..- -- -- ----~------- --- --~ -- --_._--~-----_.------- RESOLUTION NO. 39-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPELINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT") AT A LOCATION 1,958 FEET NORTH OF THE RAILROAD'S MILEPOST SX-989, DELRAY BEACH, FLORIDA, DATED OCTOBER 12, 1959. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That FDOT purchased the north/south rail corridor located from West Palm Beach to Miami, Florida, previously owned by CSXT. As part of the purchase, CSXT assigned its interest in the agreement between the City of Delray Beach and CSXT, contract number SAL 55939 dated October 12, 1959. In order to effect the assignment, the City of Delray Beach must consent to the assignment of the agreement to FDOT, by entering into the supplemental agreement with FDOT. Section 2. That the City of Delray Beach does hereby consent to the assignment of the agreement from CSXT to FDOT, and the Mayor, with the attestation of the City Clerk, be, and they are hereby authorized to execute the supplemental agreement for and on behalf of the City of Delray Beach. Section 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 14th day of April, 1992. MAY 0 R ATTEST: City Clerk .. . '. . --. --..- --- - _..~- ----- . -- ,--- - --- .. -- ....~- ------- -- ---. -- "--------- .-------- - ------- -~-.- ------ _.~-_._-- - .-- RESOLUTION NO. 40-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPELINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT" ) AT A POINT 1,682 FEET SOUTH OF MILEPOST SX-989, DELRAY BEACH, FLORIDA, DATED OCTOBER 13, 1987. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That FDOT purchased the north/south rail corridor located from West Palm Beach to Miami, Florida, previously owned by CSXT. As part of the purchase, CSXT assigned its interest in the agreement between the City of Delray Beach and CSXT, contract number CSX 4789 dated October 13, 1987. In order to effect the assignment, the City of De1ray Beach must consent to the assignment of the agreement to FDOT, by entering into the supplemental agreement with FOOT. Section 2. That the City of Delray Beach does hereby consent to the assignment of the agreement from CSXT to FDOT, and the Mayor, with the attestation of the City Clerk, be, and they are hereby authorized to execute the supplemental agreement for and on behalf of the City of Delray Beach. Section 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 14th day of April, 1992. MAY 0 R ATTEST: City Clerk '" , . . .--::..:.:-=--::----:..-:..:.:.....:...-:--=::...:~ - --=:=-:::-~===-===-=-.-=.::=::::.--..==..--=----==~--::.. -- - u_.____n ----- '--~ "----------------- RESOLUTION NO. 41-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPELINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT") AT A POINT 1,930 FEET SOUTH OF MILEPOST SX-987, DELRAY BEACH, FLORIDA, DATED MAY 14, 1971. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That FDOT purchased the north/south rail corridor located from West Palm Beach to Miami, Florida, previously owned by CSXT. As part of the purchase, CSXT assigned its interest in the agreement between the City of Delray Beach and CSXT, contract number SCL 9290 dated May 14, 1971. In order to effect the assignment, the City of Delray Beach must consent to the assignment of the agreement to FDOT, by entering into the supplemental agreement with FDOT. Section 2. That the City of Delray Beach does hereby consent to the assignment of the agreement from CSXT to FDOT, and the Mayor, with the attestation of the City Clerk, be, and they are hereby authorized to execute the supplemental agreement for and on behalf of the City of Delray Beach. Section 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 14th day of April, 1992. MAY 0 R ATTEST: City Clerk l:- f ,." . ----- ---- --- -------- --~. --- - - ----- _._------~ ---------------~ - - - ----- . RESOLUTION NO. 42-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPELINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT") AT A POINT 1,971 FEET NORTH OF MILEPOST SX-989, DELRAY BEACH, FLORIDA, DATED FEBRUARY 18, 1981. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That FDOT purchased the north/south rail corridor located from West Palm Beach to Miami, Florida, previously owned by CSXT. As part of the purchase, CSXT assigned its interest in the agreement between the City of Delray Beach and CSXT, contract number SCL 33063 dated February 18, 1981, In order to effect the assignment, the City of Delray Beach must consent to the assignment of the agreement to FDOT, by entering into the supplemental agreement with FDOT. Section 2. That the City of Delray Beach does hereby consent to the assignment of the agreement from CSXT to FDOT, and the Mayor, with the attestation of the City Clerk, be, and they are hereby authorized to execute the supplemental agreement for and on behalf of the City of Delray Beach. Section 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 14th day of April, 1992. MAY 0 R ATTEST: City Clerk #. , . DEPARTMENT OF TRANSPORTATION LAWI'OI'l cnlLES SOUTHEAST FLORIDA RAIL CORRIDOR - DISTRICT 4 BP' G. lII"TTS GOVEIlI'IOR 780 Southwest 24th Street, Fort Lauderdale, Florida 33315-2696 ~CRn""'I' Telephone (305) 797-8354 March 10, 1992 Gerald Church City of Delray Beach, a municipal corporation under the laws of the state of Florida 100 N. W. 1st Avenue Delray Beach, FL 33444 RE: Agreement with Seaboard System Railroad ("CSXT" ) No: SCL 33063 Date: 2-18-81 Ladies and Gentlemen: The State of Florida, through its Department of Transportation, has purchased the north/south rail corridor located from West Palm Beach to Miami, Florida, previously owned by CSXT. As part of the purchase, CSXT has assigned its interest in the above-referenced agreement to the State of Florida, Department of Transportation, and it is necessary that the agreements be supplemented or cancelled. We have revised our Supplemental Agreement to make it consistent with changes in the Florida Statutes and the Department of Transportation policies and procedures. Enclosed please find two copies of this agreement for proper execution. If a governmental agency, a copy of the resolution authorizing the execution of the document should accompany the executed agreements when they are returned for our signature. Please return both executed agreements in the pre- addressed envelope within (30) thirty days of receipt. If there have been any corrections, revisions, or you no longer have responsibility for the agreement, please advise this office. Upon execution on behalf of the Department of Transportation, we will return an original fully executed agreement for your files. We appreciate your cooperation. If you should have any questions or comments regarding this matter, please contact Cindy Davies by mail or by calling her at (305) 797- 8354. Si~r;,;t/ L Charles A. NiCkerson, P.E. Manager of Engineering and Operations CAN:dp Enclosures . ;'. FORM 575-065-06-a - R/W - 02/91 Page 1 of 5 ~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUPPLBMBB'J.'AL AGRBBKBIf'l' Number of Assigned Contract: SCL 33063 Date of Agreement: 2-18-81 DOT File Number: 810.9894 THIS SUPPLEMENTAL AGREEMENT made and entered into this day of , 19____ by and between: state of Florida, Department of Transportation, an agency of the state of Florida, hereinafter referred to as "FDOT" and City of Delray Beach, a municipal corporation under the laws of the state of Florida hereinafter referred to as "ASSIGNED PARTY" is intended to supplement and amend that certain above-referenced agreement between CSX Transportation, hereinafter referred to as "RAILROAD II and the ASSIGNED PARTY, by addi~g or altering certain terms and conditions as hereinafter set forth. It is the intention of the parties that FDOT replace RAILROAD and be bound by all obligations and receive all benefit of the above-referenced agreement. The ASSIGNED PARTY hereby represents that the above- referenced agreement currently is in full force and effect between the ASSIGNED PARTY and RAILROAD or its assigns. WHEREAS RAILROAD has assigned the above-referenced agreement to FDOT; and . - FORM 575-065-06-a R/W - 02/91 . Page 2 of 5 . WHEREAS said agreement shall be amended as hereinafter set forth. NOW, THEREFORE, in consideration of the premises, it is mutually agreed that, not withstanding anything to the contrary in the above-referenced agreement, said agreement shall be supplemented and amended as follows: 1- Assiqnment. The ASSIGNED PARTY assumes and consents to the assignment of the above-referenced contract (including all previous supplements hereto or assignments thereof). 2. Termination. This agreement and the above-referenced contract shall be cancellable by either party upon thirty (30) days written notice with or without cause. 3. Indemnification. ASSIGNED PARTY assumes and agrees to indemnify, protect, defend and save harmless FOOT, and any and all of the assigns or licensees of FOOT for any act or occurrence to the extent and in the same manner ASSIGNED PARTY has previously agreed in the above-referenced agreement, and, in addition thereto, and not in limitation thereof, ASSIGNED PARTY agrees that it will indemnify and hold harmless FOOT and all of FOOT's officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by ASSIGNED PARTY during the performance of the agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except that ASSIGNED PARTY will not be liable under this section for damages arising out of ,.;, - FORM 575-065-06-a R/W - 02/91 . Page 3 of 5 .. injury or damage to persons or property directly caused or resulting from the sole negligence of FOOT or any of its officers, agents, or employees. 4. Further Assignment. This supplement and the underlying agreement can be assigned by FOOT upon sixty (60) days prior written notice to ASSIGNED PARTY by certified mail, return receipt requested. 5. Notice Provision. ASSIGNED PARTY agrees to send FOOT any notice required under this supplement and the underlying agreement via certified mail, return receipt requested to Charles A. Nickerson, Manager, 780 S. W. 24th street, Fort Lauderdale, Florida 33315. Nothing contained in this Notice Provision, however, is intended to supersede or supplement any other notice provision provided by Florida law. FOOT agrees to send any notice required under this contract to ASSIGNED PARTY at the address contained in the underlying agreement, unless otherwise notified in writing. 6. Payment Provision. ASSIGNED PARTY shall make all payments due under the above-referenced agreement, and any suppl~ments or amendments thereto, to the , Florida Department of Transportation, 605 Suwannee Street, Mail Station 42, Tallahassee, Florida 32399-0458, Attn: Cashier's Office - unless otherwise advised in writing. 7. Right to Reneqotiate. Nothing contained herein shall be . . - FORM 575-065-06-a R/W - 02/91 . Page 4 of 5 .. construed to limit either party's right to renegotiate any provisions, including but not limited to the payment provision or provisions, of this supplement or the underlying agreement. 8. Other Provisions. All other provisions of the above- referenced underlying agreement including previous supplements thereto or assignments thereof which are not in conflict with this supplement and the underlying agreement are hereby adopted, ratified and confirmed, and incorporated herein by reference, and shall continue in full force and effect and be binding upon the parties hereto. ;. ..' FORM 575-065-06-a - R/W - 02/91 . Page 5 of 5 or IN WITNESS WHEREOF, the parties hereto have executed this Supplement Agreement in duplicate on the day and year first above written. ATTESTS STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Executive Secretary Title: District Secretary witnesses ASSIGNED PARTY By: Title: DOT Legal Review By: . - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {ft/1 SUBJECT: AGENDA ITEM i f G - MEETING OF APRIL 14. 1992 RESOLUTION NO. 34-92 DATE: April 10, 1992 This item is a Resolution assessing costs for abatement action required to remove junked/abandoned vehicles on 15 properties located wi thin the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 34-92 assessing costs to remove junked/abandoned vehicles on 15 properties located within the City. . '-' ".11 - . '. _ ~ ~~-_.__._-----_._-_.-~~_._--- _ ------_._..._-~ --_._-~------ ----_._--_._------ ---~.--_.~-------_.__._---_._- . ____. _.___"._ u_.__._.___ RESOLUTION NO. 34-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated represent- ative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS, the property owner (s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis- ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach, through the City Adminis- tration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid; and, WHEREAS, the City Commission of the City of Delray beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in f HI' ~ . - ---- - ----~._---_. - .-- .-.._--~~-- -.-.----.---____..0 _~___ ___ ----- -- ---- -_..~...._- ------------..---.-.--.---.- _._----------_._------~-- Section 3, become a lien upon the respective lots and parcells) 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 assessment shall be legal, valid and binding obligat~ons upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein and shall become due and payable thirty (30 ) days after the mailing date of the notice of said assessment(s) , after which a lien shall be placed on said property(s) , and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk -2- Res. No. 34-92 . I'''' - . . - COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 20, BLK 23, TOWN OF DELRAY, MARY PATMAN $ 38.70 PB 10, P 69, PUBLIC RECORDS, 229 S.W. 6TH AVENUE 65.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (229 SW 6TH AVENUE) LOT 4, BLK 64, PT OF SUB OF LEVERT JR. & DEVONNE $ 38.50 BLK 64, DELRAY BEACH, PB 20, HERRINGTON 65.00 (ADM. COST) P 39, PUBLIC RECORDS, PALM 316 S. SWINTON AVENUE (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 (316 S SWINTON AVENUE) E390.05' OF N244' OF E3/4 OF GERALD J. PALLER $ 38.50 LOT 11, (LESS E33' RD R/W) , MARYANN L. PALLER 65.00 (ADM. COST) SUB OF SEC. 20-46-43, PB 28, C/O DEER PARK (RECORDING) P 68, PUBLIC RECORDS, PALM 3111 S. DIXIE HWY. #137 BEACH COUNTY, FL W. PALM BEACH, FL 33405- (SW 8TH STREET) 1575 LOT 31, BLK 11, OSCEOLA PARK, JIM AND JANICE SOODEEN $ 38.50 PB 3, P 2, PUBLIC RECORDS, 317 S.E. 4TH AVENUE 65.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 (RECORDING) (621 SE 3RD AVENUE) LOTS 5 & 6, BLK 2, BELAIR R.I. & ERMA B. MITCHELL $ 38.50 HEIGHTS, DELRAY, PB 20, P 45, 2445 DUNN AVENUE #306 65.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH JACKSONVILLE, FL 32218 (RECORDING) COUNTY, FL (31-35 SW 9TH AVENUE) LOT 24, BLK C, WEST SIDE J.A. & LUCILLE D. HOWARD $ 38.50 HEIGHTS, DELRAY, PB 13, P 61, 902 N.W. 1ST STREET 65.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING) COUNTY, FL (902 NW,lST STREET) LOT 1, BLK 10, ATLANTIC W. & ANNIE L. THOMAS $ 38.50 GARDENS, DELRAY, PB 14, P 63, 201 S.W. 11TH AVENUE 65.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING) COUNTY, FL (201 SW 11TH AVENUE) LOTS 1 TO 10 INC. & LOTS 13 TO S & S ONE LTD. $ 19.25 21, INC., BLK. 1, DELRAY BEACH 3300 S. CONGRESS AVE #7 32.50 (ADM. COST) HEIGHTS EXT. SEC. B, PB 27, BOYNTON BEACH, FL 33426 (RECORDING) P 10, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 16TH AVENUE) -3- Res. No. 34-92 .. ,," - , . .- LOTS 11 & 12, BLK 1, DELRAY S & S ONE LTD. $ 19.25 BEACH HEIGHTS EXT. SEC. B, 3300 S. CONGRESS AVE #7 32.50 (ADM. COSTJ PB 27, P 10, PUBLIC RECORDS, BOYNTON BEACH, FL 33426 (RECORDING PALM BEACH COUNTY, FL (SW 16TH AVENUE) LOTS 1-10 INC. & LOTS 13 TO 21 S & S ONE LTD. $ 19.25 INC., BLK 1, DELRAY BEACH 3300 S. CONGRESS AVE #7 32.50 (ADM. COST) HEIGHTS EXT, SEC. B, PB 27, BOYNTON BEACH, FL 33426 ( RECORDING) P 10, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 16TH AVENUE) LOTS 11 & 12,BLK 1, DELRAY S & S ONE LTD. $ 19.25 BEACH HEIGHTS EXT. SEC. B, 3300 S. CONGRESS AVE #7 32.50 (ADM. COST) PB 27, P 10, PUBLIC RECORDS, BOYNTON BEACH, FL 33426 (RECORDING) PALM BEACH COUNTY, FL (SW 16TH AVENUE) N50' OF S300' OF E135' OF OLIVE M. WESTER $ 38.50 w285' OF S 1/2 OF N 1/2 OF 126 N.W. 11TH AVENUE 65.00 (ADM. COST) LOT 6, SUB OF SEC. 17-46-43, DELRAY BEACH, FL 33444 (RECORDING) PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (126 NW 11TH AVENUE) LOTS 10 & 11, C.H. DIGGANS DAVID J. SIMMONS, GRDN. $ 38.50 SUB./BLK. 55, TOWN OF LINTON, FOR LUCIUS SIMMONS III 65.00 (ADM. COST) PB 8, P 58, PUBLIC RECORDS, 3836 DOLPHIN DRIVE (RECORDING) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (225 SW 2ND AVENUE) LOT 29, BLK 2, DELRAY SHORES, CARMEN LAMISERE $ 38.50 PB 24, P 233, PUBLIC RECORDS, BEATRICE WILLIAMS 65.00 (ADM. COST) PALM BEACH COUNTY, FL 21 S.E. ANGLER DRIVE (RECORDING) (21 SE ANGLER DRIVE) DELRAY BEACH, FL 33445 LOT 8, BLK 2~ DELRAY SHORES, EDITH CARRINGTON $ 38.50 PB 24, P 233, PUBLIC RECORDS, 20 DAVIS ROAD 65.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 (RECORDING) (20 DAVIS ROAD) VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY; EXCEPTIONS -4- Res. No. 34-92 "<0 '." -, . . " . .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERb]v1 SUBJECT: AGENDA ITEM i C;S H - MEETING OF APRIL 14 . 1992 RESOLUTION NO. 35-92 DATE: April 10, 1992 This item is a Resolution assessing costs for abatement action required to remove nuisances on 38 properties located within the City. The Resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 35-92 assessing costs for abating nuisances on 38 properties located within the City. ., I." ~ , .. . --- ---.--- - .- -- - -------- _.- - 0._"_- ____ _________ -~------- --.--- --"- RESOLUTION NO. 35-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that wi thin ten (l0) days from the date 0 f said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must aoate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the city of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land (s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, vlHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), . " '." . -- -~.- -- . ..----- -_.---_.. ~- -.----- --- ---.--- --- ----- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment (s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 35-92 , l' ,." , ,. . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT S50' OF N200' OF E135' OF BLK MINNIE NEWMAN $ 50.00 10, TOWN OF DELRAY, PB 1, P 3, 240 N.W. 8TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.45 (RECORDING) COUNTY, FL $122.45 (NW 6TH AVENUE) N 1/2 OF LOT 18 & LOT 19, ARTHUR J. TAYLOR $150.00 (LESS ST RD R/W) HOFMAN ADD., TILLIE M. TAYLOR TR 70.00 (ADM. COST) PB 5, P 3, PUBLIC RECORDS, 700 N. FEDERAL HIGHWAY 2.45 (RECORDING) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 $222.45 (700 NE 6TH AVENUE) LOT 1, BLK 3, ATLANTIC PARK RIDLEY TEMPLE CHURCH OF $ 70.00 GARDENS, DELRAY, PB 14, P 56, GOD IN CHRIST OF AMERICA 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P.O. BOX 958 2.45 (RECORDING) COUNTY, FL DELRAY BEACH, FL 33447 $142.45 (SW 13TH AVENUE) S150' OF W135.5' OF BLK 26, FRED MC COY $ 77.42 TOWN OF DELRAY, PB 5, P 64, 4950 N.W. 15TH COURT 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH MIAMI, FL 33142 2.45 (RECORDING) COUNTY, FL $149.87 (415 NW 2ND STREET) LOT 5, HIGH ACRES, PB 21, BLUE STAR BUILDERS INC. $ 22.00 P 85, PUBLIC RECORDS, PALM 2044 N.W. 52ND STREET 70.00 (ADM. COST) BEACH COUNTY, FL BOCA RATON, FL 33496 2.45 (RECORDING) (109 NW 16TH STREET) $ 94.45 LOT 24, BLK 1, ROSEMONT PARK, NORMAN J. ALEXANDER & $172.00 DELRAY, PB 13, P 60, PUBLIC TAMMY E. ATWATER 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL 602 S.W. 4TH AVENUE 2.45 (RECORDING) (602 SW 4TH AVENUE) DELRAY BEACH, FL 33444 $244.45 LOT 36, BLK 32, TOWN OF DELRAY, S. & RONNA STUBBS $ 55.00 PB 6, P 97, PUBLIC RECORDS, 319 S.W. 5TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444- 2.45 (RECORDING) (319 SW 5TH AVENUE) 2405 $127.45 -3- Res. No. 35-92 " . " . LOT 17, BLK 23, TOWN OF DELRAY, BERTHA PRESTON $ 50.00 PB 10, P 69, PUBLIC RECORDS, 1001 W. 3RD STREET 70.00 [ADM. COST~ PALM BEACH COUNTY, FL RIVIERA BEACH, FL 33404 2.45 RECORDING (SW 6TH AVENUE) $122.45 LOT 18, BLK 23, TOWN OF DELRAY, MATILDA JOHNSON $ 50.00 PB 10, P 69, PUBLIC RECORDS, 225 S.W. 6TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 2.45 (RECORDING) (SW 6TH AVENUE) 2537 $122.45 S50' OF N200' OF W120' OF BLK EDWIN C. IVY $ 65.00 25, TOWN OF DELRAY, PB 5, P 2, 519 S.W. 15TH TERRACE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 2.45 (RECORDING) COUNTY, FL 1445 $137.45 (NW 5TH AVENUE) LOTS 1 & 2, PARADISE HEIGHTS, CHARLENE G. LOVETT $ 50.00 PB 24, P 113, PUBLIC RECORDS, 5805 OLD FORGE CIRCLE 70.00 (ADM. COST) PALM BEACH COUNTY, FL RALEIGH, NC 27609-4035 2.45 (RECORDING) (NW 6TH AVENUE) $122.45 LOT 10, BLK 96, LINN'S ADD. TO DAVID & SHEILA J. ROMAN $ 24.00 OSCEOLA PARK, DELRAY, PB 1, 3 CATALINA COURT 15.00 (ADM. COST) P 3, PUBLIC RECORDS, PALM CENTEREACH, NY 11720 2.45 (RECORDING) BEACH COUNTY, FL $ 41.45 (339 SE 3RD AVENUE) LOTS 28 & 29, BLK 29, RESUB. CHARLIE TERRY $275.00 OF BLK. 29, DELRAY BEACH, 95 S.W. 5TH AVENUE 70.00 (ADM. COST) PB 9, P 66, PUBLIC RECORDS, DELRAY BEACH, FL 33444 2.45 ( RECORDING) PALM BEACH COUNTY, FL 2511 $347.45 (95 SW 5TH AVENUE) LOTS 2 & 3, DELRAY BEACH RAPHAELLA S. TROYANOS $189.10 ESTATES, PB 21, P 13, PUBLIC GERASIMOS & 15.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL LUCIA TROIANOS 2.45 (RECORDING) (NORTH FEDERAL HIGHWAY) 20003 POMPEII ROAD $206.55 HOLLISWOOD, NY 11423 LOT 5, BLK 7, OSCEOLA PARK, SCOTT & JANE E. LAYMAN $ 48.00 PB 3, P 2, PUBLIC RECORDS, WM & MARILYN HUTCHESON 70.00 (ADM. COST) PALM BEACH COUNTY, FL 225 NE 25TH STREET 2.45 (RECORDING) (618 SE 4TH AVENUE) BOCA RATON, FL 33431 $120.45 S60' OF N140' OF W140.6' OF LILLIAN MUNNINGS $ 40.00 BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 70.00 (ADM. COST) P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 2.45 (RECORDING) BEACH COUNTY, FL $112.45 (303 SW 2ND AVENUE) -4- Res. No. 35-92 o. '.'0 .. S 1/2 OF LOT 7 & N38' OF LOT 8, WAYNE L. & IRENE A. $119.00 BLK 96, LINNS ADD. TO OSCEOLA EDRINGTON 70.00 (ADM. COST~ PARK, DELRAY, PB 1, P 133, 1710 N. E. 3RD COURT #3 2.45 (RECORDING PUBLIC RECORDS, PALM BEACH BOYNTON BEACH, FL 33435 $191.45 COUNTY, FL (327-329 SE 3RD AVENUE) LOTS 1 & 2 (lESS RD R/W) , BLK L.C. PROP.OF DELRAY $ 61.00 11, OSCEOLA PARK, PB 3, P 2, BEACH INC. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 5730 N. FEDERAL HIGHWAY 2.45 (RECORDING) COUNTY, FL FT. LAUDERDALE , FL 33308 $133.45 (610 SE 6TH AVENUE) LOTS 22 TO 26 INC., BLK 15, ALVAN E. MC FORD $ 69.55 TOWN OF DELRAY, PB 13, P 18, 17831 N. W. 47TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH CAROL CITY, FL 33055-3255 2.45 (RECORDING) COUNTY, FL $142.00 (SW 7TH AVENUE) LOTS 32 & 33, BLK 15, TOWN OF VERA F. GIBSON $ 65.00 DELRA Y , PB 13, P 18, PUBLIC P.O. BOX 66 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL INKSTER, MI 48141 2.45 (RECORDING) (SW 6TH AVENUE) $137.45 LOTS 13 & 14, BLK 95, LINN'S STEPHEN CURIC $ 40.00 ADD TO OSCEOLA PARK, DELRAY, 1767 DREW ROAD 70.00 (ADM. COST) PB 1, P 133, PUBLIC RECORDS, MISSISSAUGA 2.45 (RECORDING) PALM BEACH COUNTY, FL ONTARIO, CANADA L5A 1J5 $112.45 (SE 4TH AVENUE) S75' OF W135.6' OF BLK 39, LUCIUS SIMMONS $151.00 TOWN OF DELRAY, PB 11, P 34, 1301 KANAB AVE. NW 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH PALM BAY, FL 32907 2.45 (RECORDING) COUNTY, FL $223.45 (315 SW 3RD STREET) LOTS 14 & 15, BLK B, RIDGEWOOD CHRISTINE SAUVEUR $ 70.00 HEIGHTS, DELRAY, PB 14, P 4, 406 S. W. 9TH STREET 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444- 2.45 (RECORDING) COUNTY, FL 2332 $142.45 (1023 SW 8TH AVENUE) LOT 29, BLK 3, DELRAY SHORES, YVONNE RAMEAU $106.00 PB 24, P 233, PUBLIC RECORDS, 17225 S.W. 109TH COURT 70.00 (ADM. COST) PALM BEACH COUNTY, FL MIAMI, FL 33157 2.45 (RECORDING) (3425 DORSON WAY) $178.45 LOT 33, DELRAY BEACH ESTATES, ROSEKIN INC. $ 86.00 PB 21, P 13, PUBLIC RECORDS, 2519 N. FEDERAL HWY. 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483 2.45 (RECORDING) (2519 N FEDERAL HWY) $158.45 -5- Res. No. 35-92 " .", / " WI00' OF LOT 92, TROPIC ISLE, PHILIP J. KNAPP $ 49.00 PB 24, P 235, PUBLIC RECORDS, 5391 N. NOB HILL ROAD 70.00 (ADM. COST) PALM BEACH COUNTY, FL SUNRISE, FL 33351 2.45 (RECORDING) (965 BOLENDER DRIVE) $121.45 LOT 24,BLK A, WEST SIDE DURANTE-STROCK INC. $ 40.00 HEIGHTS, DELRAY, PB 13, P 61, 2160 W.ATLANTIC AVE.#100 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33445 2.45 (RECORDING) COUNTY, FL $112.45 (NW 9TH AVENUE) LOTS 7 TO 12 INC. & W 1/2 OF ROY D & CECILIA A JEWELL $130.00 16' ABNDED ALLEY LYG E OF & 1402 N. FEDERAL HWY. 70.00 (ADM. COST) ADJ THERETO BLK At LA HACIENDA, DELRAY BEACH, FL 33483- 2.45 (RECORDING) DELRAY, PB 15, P 6, PUBLIC 5922 $202.45 RECORDS, PALM BEACH COUNTY, FL (1400 N FEDERAL HWY) TH PT OF LOT 11 K/A W 1/2 OF ELIJAH THOMPSON $ 58.00 DUPLEX/BLK 4, PRIEST'S ADD TO 241 S.W. 14TH AVENUE 70.00 (ADM. COST) ATLANTIC PARK GARDENS, PB 23, DELRAY BEACH, FL 33444 2,45 (RECORDING) P 70, PUBLIC RECORDS, PALM $130.45 BEACH COUNTY, FL (241 SW 14TH AVENUE) S40' OF N256' OF E135' OF BLK DELORES RIGGINS $ 65.00 31, TOWN OF DELRAY, PB 1, P 3, 6395 SEMINOLE CIRCLE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH LANTANA, FL 33462 2.45 (RECORDING) COUNTY, FL $137.45 (220 SW 4TH AVENUE) S50' OF N300' OF E135' OF N 1/2 o. C. STRACHAN $ 50.00 OF BLK 31, TOWN OF DELRAY, C/O R. STRACHAN 70.00 (ADM. COST) PB 1, P 3, PUBLIC RECORDS, 8841 N.W. 14TH AVENUE 2.45 (RECORDING) PALM BEACH COUNTY, FL MIAMI, FL 33147 $122.45 (222 SW 4TH AVENUE) N 1/2 OF E 1/2 OF LOT 16, BLK FELIX J. DELANCY $ 40.00 30, TOWN OF DELRAY, PB 1, P 3, 470 DEKALB AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BROOKLYN, NY 11205-4448 2.45 (RECORDING) COUNTY, FL $112.45 (146 SW 4TH AVENUE) LOT 19, BLK 2, ATLANTIC PARK J. D. & EARLINE MONROE $ 70.00 GARDENS, PB 14, P 56, PUBLIC 32 EARLE STREET 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL HARTFORD, CT 06120 2.45 (RECORDING) (39 SW 13TH AVENUE) $142.45 -6- Res. No. 35-92 .. ,-" .. . , . S150' OF E50' OF BLK 18, TOWN H. & HAZEL CLEM $ 50.00 OF DELRAY, PB 1, P 3, PUBLIC 3 SUMMER STREET 70.00 lADM. COST~ RECORDS, PALM BEACH COUNTY, FL NORWALK, CT 06851-4503 2.45 RECORDING (NW 2ND STREET) $122.45 LOT 10, BLK 25, TOWN OF DELRAY, DAVID HARGROVE $ 50.00 PB 5, P 2, PUBLIC RECORDS, 220 N.W. 4TH AVENUE 70.00 (ADM. COST) PALM BEACH COUNTY, FL DEERFIELD BEACH, FL 2.45 (RECORDING) (419 NW 3RD STREET) 33441-1727 $122.45 S5' OF LOT 1 & N71.5' OF LOT 2, SYLVIA SCHUPLER TR. $ 50.00 BLK 30, TOWN OF DELRAY, PB 1, 3101 WASHINGTON ROAD 70.00 (ADM. COST) P 3, PUBLIC RECORDS, PALM W. PALM BEACH, FL 33405- 2.45 (RECORDING) BEACH COUNTY, FL 1644 $122.45 (109 SW 5TH AVENUE) E50' OF W1751 OF N160' OF BEATRICE GRAHAM $ 35.00 W 1/2 OF S 1/2 OF LOT 5, SUB BOBBY L. GRAHAM 70.00 (ADM. COST) OF SEC. 8-46-43, PUBLIC 721 N.W. 4TH STREET 2.45 (RECORDING) RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444- $107.45 (714 LAKE IDA ROAD) 2736 VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. .....7- Re s. No. 3 5 - 9 2 ,. ,.;, . .. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM i "I .:J:, - MEETING OF APRIL 14, 1992 AWARD OF BIDS AND CONTRACTS DATE: April 10, 1992 This item is before you to approve the award of the following bids and contracts: 1. 1992 Street Resurfacing Program - Hardrives Asphalt Co. , in the amount of $188,184 with funding from General Construction Fund - Resurfacing (334-3162-541-60.53) . 2. Gymnasium Floor Replacement - Community Center - Camaio Surfaces, Inc. (via Palm Beach County School Board contract) - in the amount of $41,230 with funding from Decade of Excellence Bond Issue (Account No. 225-4125-572-61.57) . 3. Site Plan Preparation - Leon Weekes Preserve - Florida Atlantic University in the amount of $15,000 with funding from Recreation Impact Fee Fund (Account No. 117-4169-572-33.19). 4 . Housing Rehabilitation - as indicated below - with funding from Community Development Block Grant - Housing Rehabilitation (Account No. 118-1963- 554-60.23): -913 S.W. 4th Avenue - Henry Haywood - $14,341.95 -304 S.W. 11th Avenue - Henry Haywood - $14,290.50 -605 S.E. 2nd Avenue - MJD Construction Services- $14,282.10. 5. One ( 1 ) 3-Stage Air-Scrubbers - Environmental Services - Davis Process (sole source) in the amount of $39,500, plus $6,000 for maintenance with funding from 1984 Water and Sewer Bond - 3 Stage Poly Air Scrubber (441-5162-536-61.16). 6. Alley Reconstruction Project - Environmental Services - Jack Hardy, Inc. in the amount of $483,771 with funding from Decade of Excellence Bond Issue Alley Reconstruction (Account No. 225-3162-541-61.43/$366,557.50), Water and Sewer - Renewal and Replacement/Water Meter Replacement Program (Account No. 442-5178-536-61.81/$93,454) and Community Redevelopment Agency Reimbursement ($23,000). 7. Irrigation - Gulfstream Boulevard Beautification - Windmill Sprinkler Company in the amount of $13,472.50 with funding from 1987 Utility Tax - Gulfstream Boulevard (Account No. 333-4141-572-61.38). Recommend approval of the award of the above bids and contracts with funding as indicated. OJ ldl . . . . Agenda Item No.: AGENDA REOUEST Date: March 26. 1992 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: April 14. 1992 Description of item (who, what, where, how much) : Staff request award of the 1992 Street Resurfacing Contract to Hardrives Asphalt Co. for $ 188.184.00. Funding source 334-3162-541-60.53. Proiect # 92-01. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval. Department Head Signature: \~~ 3);)...~/'2- , Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) , Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description ~ f1 (ft' <': \ ~H I~(~' - k"'r ~ \,I,kA<' (' !~;N;;' Account Balance 1; :9 1\'6, '6 ; D I '--' City Manager Review: Approved for agenda: t5YNO fYJ-1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved :.. . I . . -10j)u ~~ DEPARTMENT OF ENVIRONMENTAL SERVICES RECEIVED MEMORANDUM MAR 2 7 '1992 CITY MANAGER'S OFFICE TO: DAVID T. HARDEN CITY MANAGER FROM: RALPH E. HAYDEN, P.E. ~ CITY ENGINEER DATE: MARCH 26, 1992 SUBJECT: 1992 STREET RESURFACING PROGRAM - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Enclosed is an agenda request and bid tabulation for the 1992 street Resurfacing Program. 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I.' .lId U... 1 tI"'.\l'lh U fin vor'" OIlhr. e."1;. ,j - , . . ""'f) w ~~ DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN RECEIVED CITY MANAGER ~( APR ~ 19'Jl FROM: ROBERT B. TAYLOR, P.E. ASSISTANT CITY ENGINEER CITY MANAr,FR'S OFFICE DATE: APRIL 1, 1992 SUBJECT: STREET RESURFACING CONTRACT 1991-92 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following streets are scheduled to be resurfaced under the 1991-92 street resurfacing contract. Homewood Blvd (Lowson to Atlantic) s. W. 13th street (Pines of Delray West) s. W. 15th street (Pines of Delray West) s. W. 27th Avenue (Pines of Delray West) Del Aire Blvd (Pines of Delray) N.W. 1st Avenue (N. W. 2nd st. to N. W. 3rd st.) N.W. 24th street (Swinton to West end) Lake Drive (Section south of N. W. 22nd st.) N.W. 17th Street (N. W. 2nd Ave. to Lake Dr.) N.E. 6th Street (Swinton to N. E. 2nd Avenue) N.E. lOth Street (Swinton to N. E. 2nd Avenue) Kings Lynn (Aylesbury Road to Enfield Road) Periwinkle Lane (N. W. 11th st. to North end) s. W. 21st Avenue (S.W. 13th st. to S. W. 13 th ct.) S.W. 13th Court (S. W. 21st Way to S. W. 2 1 Ave.) S.W. 21st Terrace (S. W. 13th ct. to South end) S. W. 21st Way (S. W. 14th st. to s. W. 13 th ct.) In our estimation the cost associated with resurfacing these streets represents about 50-60% of the total contract amount. RT:kt File: Memos to David T. Harden, city Manager RTDH41.kt ,.. " , Agenda I tern No, : AGENDA REQUEST Date: March 31. 1992 Request to be placed on;' XX Regular Agenda Special Agenda Workshop Agenda When: April 14. 1992 Description of agenda item (who, what, where, how much): Contract Award - Community Center Gym Floor Replacement. ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Camaio Surfaces, Inc., at a cost of $41,230., via The School Board of Palm Beach County Contract #SB-92C-72T. ~ .1' >>(Afr) / ~ / I I Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~ NO Funding alternatives: (if applicable) ~ccount No. & DesW,Ptio~ u~"4/7.-S~S7'2-.lO(-.S7 CO}1J.1J. ~tJree.-puoes; ccount Balance: ~(), UGWT5jz- TtAlN1S a:. City Manager Review: Approved for agenda: ~ NO ov1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ,-,'. " . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ Administrative Services FROM: Ted Glas, Purchasing Officer '~~ DATE: March 31, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 14, 1992 - CONTRACT AWARD - COMMUNITY CENTER GYM FLOOR REPLACEMENT Item Before City Commission: The City Commission is requested to award a contract to Camaio Surfaces, Inc., at a cost of $41,230. Per the Finance Department, funding is from: ( ) . Background: Funds are allocated in the Decade of Excellence Bond monies to install a new gym floor. A total of $ is budgeted for this work. Gymnasium floor installation is available via The School Board of Palm Beach County Contract #SB-92C-72T, per attached documentation. The Director of Parks & Recreation has reviewed this contract, and recommends award, per attached memo. Recommendation: Staff recommends award to Camaio Surfaces, Inc., at a cost of $41,230. via The School Board of Palm Beach County Contract. Funding as outlined above. Attachments: Documentation on School Board Contract Memo from Parks & Recreation pc: Joe Weldon 10;. ".11 ,. . MEMORANDUM TO: Ted Glas Purchasing Director FROM: Joe Weldon Director of Parks and Recreation SUBJECT: COMMUNITY CENTER GYM FLOOR REPLACEMENT DATE: March 19, 1992 Attached please find a contract from Palm Beach County School Board with Camaio Surfaces for the repair/refinishing of gym floors. This contract also provides for the replacement of gym floors. Also attached is a quote from Camaio Surfaces to replace our Community Center gym floor. The replacement surface would be standard (second or better grade) which are typically used for gym floors. The difference between competition (first grade) and standard (second grade) is one of appearance only. (see attached) I have highlighted the items in the letter which are covered by the School Board contract. The contract amount would be $41,230 since the removal and replacement of the bleachers would be done by the company refinishing the bleachers. $28,210 of the contract amount is covered by items bid in the School Board Agreement and $13,020 is not covered by the contract and is for labor to remove the sUb-flooring, sub-flooring materials, sUb-flooring installation, and vent cove base. Camaio Surfaces indicated because they cannot rip up the floor to inspect the sUb-flooring, the material and labor cost to replace the sUb-flooring is based on 100% replacement. Typically this is not the case with 50% replacement more likely, which may reduce those costs by about one half. This figure is close to other estimates we received that arranged from $5.50 (lowest quality) to $7.50 (highest quality) per square foot for gym flooring. Based on 6200 sq ft this ranged from $37,100 to $46,500. Camaio floors indicated that they could replace the flooring around June/July and it would require about 4-6 weeks to complete. The refinishing and repair of the bleachers and the new gym lighting will be coordinated with this project. If you are in agreement please place this on the April 7 Agenda for City Commission consideration. This is a Decade of Excellence Bond project charged to account # 225-4125-572-t1.67. ( I, and Recreation cc: David Harden City Manager REF: TGLAS3.DOC ". . . CAMAIO - ....... -.". ~M .. ~'.. -". - .... U_"._. - .'--~ ~.,-- - .' FROM: (,fGttJ ;t7 tit f Q OATE: .~ j '1/1' PAGB INQ.UOING ~~9 ~- ~ THIS PAGE: FAX': PHON:;.; 72"IJ-/~R?- ~ - . March 4, 1992 The city of Deln~y Beach .50 N.W. 1st Avenue Delray .Beach, FL 3.3444 Attention: Mr. Joe Heldon RE: Gymnasium Floor @ community Center Gentlemen: Following, please find our Uni,t Prices for wood Flooring for the above referenced project as per your ~equest. All Unit Prices furnished below are based on 6,200 Sq. Ft. Remove existing flooring @ .48/SF $ 2- '; 9-'''.. 0'0 Remove existing sub-flooring @ .48/SF 2,976.00 Remove & Replace bleachers @ .38/SF 2-,3SG.OO . _.......__...~~4 Sub-flooring material @ .82/SF 5,084.00 Sub-flooring installation @ .36/:: 2,232.00 Maple flooring @ 2.47/SF li'f*' J ~ Installation of Maple @ .42/SF 2'~' iii' ('&0 Floor prep(sanding) @ .29/SF 1 ,~9&.60 Markings less than 3" (gamelines) @ .12/SF 1~ Finish Coats (4 total material) @ .32/SF lAI.~ Finish Coats (4 total Labor) @ .45/SF ~""'.:,.'\J (I Vent Cove Base (material & labor) @ .44/SF 2,728.uO TOTAL: ~$4J,S86.6~ 4 I .J. 3 () If you have any questions, or we can be of further assist~nce, please do not hesitate to contact our office. Sincerely, CAMAIO SURFACES, INC. 4~/ -~~ _.' < " , . -- ," ,.....-G- ~r:,.~ ~ ' . Fred H. Maio FM/bjc , 7542 W. MCNAB ROAD . SUITE [l-g . NORTH LAUDERDALE, FLORIDA 33068 . (305) 720-1 582 I", . 09550/MAP APPLICATION GUIDE Buyline 3238 i :.c~~~'%;;;-;;,.;.,.,- ~ ~,(. ----- ~ _.."~_.',,"",-_._--_._-- ! ''''"'-~- - - ...~_.... ~ - Ii - ,~."~,, --, , --.. ~ l~-- l..... ":~~." _ .... ," . .-- . . . ~~ 1-----~"~~=".~2{ ~-- .~~~~::~~~ ~~~ ~'.<r~...~..- ~i::. COMPETITION (First Grade) STANDARD MULTIPURPOSE (Third Gradel I The highest standard grade, An (Second and Better Grade) Third Grade gives excellent perform- I extremely durable and desirable floor for This grade will provide same long life ance for roller rinks, factories, ware, any building; particularly suitable for fine and low maintenance performance as houses and kindred uses where good homes, apartments, churches, clubs, First Grade, Second And Better Grade is wearing qualities are required together dance floors, gymnasiums, handball and an ideal choice for gymnasiums, hand- with medium cost and appearance. racquetball courts, school classrooms, ball and racquetball courts, multipur- Industry Standards: hospitals, hotels, offices and other pose rooms, cafeterias and shops in .25/32" and 3:Y32" thick applications where fine appearance and schools, industrial plants, offices, com- . Strip lengths 1% to 8 it as stock will long wear are desired. mercial buildings and residences, and is produce; not more than 75% of total Industry Standards: the most frequently used. footage will be in bundles under 4 It: . 25132" and 3:Y32" thick Industry Standards: and not more than 45% will be in 1 V4 It . Face practically defect free . 25/32" and 3:Y32" thick bundles, . Strip lengths 1V4 to 8 ft, as stock will . ~dmits tight knots and slight imperfec- Third and Better Grade (Multipurpose produce; not more than 45% of total tlons Plus) is also available; consult MFMA footage will be in bundles under 4 ft; . Strip lengths 1V4 to 8 It as stock will Grading Rules for specifications. not more than 25% will be in 2 ft bun- produce; not more than 55% of total dies, and not more than 5% will be in footage will be in bundles under 4 ft; 1% ft bundles. not more than 27% will be in 2 ft bun- dles, and not more than 10% will be in I. 1Y4 ft bundles. MFMA GRADING RULES Complete Grading Rules are published by MFMA for reference by I architects and specifiers. Ask your MFMA Associate for a copy, or contact MFMA direct FREE TECHNICAL DATA CONSULT THESE MFMA MANUFACTURERS MFMA offers a library of information on the manufacture, installation and MANUFACTURER Robbins, Inc. C & A Products.lnc, I maintenance of MFMA maple flooring MEMBERS 4777 Easlern Avenue 125 Ma,n A,enue ._ . Clnclnoall, OH 45226 ElmwOOd Park ~J 07cu, Publications are provided to archi- Action Floor Systems, Inc. ~1~8~;ft~'7998 201. 791.6700 , tects and other specifiers free of pC! Box 469 (MllIs.Wh,te Lake WI and Crawford Laboralorles Mercer, WI 54547 Ish Mil ' 4165 Soulh Emerald A,enue charge' 715/476,3512 pemrng. . Chicago, IL 60609 . FAX 715/476,3585 Refer 10 Sweets #09550/ROC 312'376,7132 Maple Flooring' The Prefe"ed (Mill-Mercer, WI) Superior Floor Co,. Inc. 800:356.7625 S Sit' Reter 10 Sweel S #09550iACT ~a3u~:~fe~~~4~'3iel Dura Seal Division ports u ace AGA C r 715:842.5358 Mlnwax Company I"c , _ orpors Ion _ 15 Mercedes Drive Sports Surface Life Cycle (A Divrslon of CFI) FAX 715/848,1793 Monlvale, NJ 07645 C SAGA Markelrng D,V,Sion (MIII.Laona, WI) 201391 0253 ost tudy PO 80x 246 Reier 10 Sweet's #09550/SUP 800'/526'.0495 I 'd' Amasa, MI 49903 Tarkell nCI ence of InjUry Study: Maple 9061822.7311 Hardwood Dlvrslon-NMh Amerrca Hillyard, Inc. FI' S' FAX, 9061822.7800 PO Box 300 302 Nor'" Foun" S:I.,,' oorlng vs. ynthetlc (CA Office 213:859,0615) Johnson C,ly. TN 37605 SI ~oseph MO 645CI Spec-Data (in CSt format) Refer 10 Sweet's #09550/AGA 615'928.3122 816,233.1321, Connor Markel n D on FAX 615"l28,9445 Huntington Laboralorles, Ine, MFMA Game Markings Manual 2305 BeRlne ~o gd SIS; 210 (MIII.Johnson Crly, TN) 970 Easl Tlplon SI . . CarrOllton,1 TX 75~ UI e ReIer to Sweet s #09550fTAA Huntington IN 46750 RecommendatIons for Sanding, 8OO~972.'082 ALLIED ~~/~~~~~~~85 Sealing, Court Lining and ~~';r~~4~~~~;09550'CON MANUFACTURERS Magee ;ndu~lrie. Oiv. Finishing (MIII.Amasa, MI) Basic Coatings Midland Ch'cago COIG 2124 Valley Orr...., (50321) 5300 W 1271h s, MFMA Floor Finish List Horner Flooring Co. PO Box 677 AlSip IL 60658 . PO Box 380 Des Mo,nes, IA 50303 312'785.2407 Caring for your MFMA Maple Floor Dollar Bay, MI 49922 515'288,0231 Nationaf Coati~s Company (Wall Chart) mI4~~~~'6115 ~8~~'?:S~ ~~r~~~'Place ~;~s~~~:;;,on2H ?~~j"6 (MIII.Dollar Bay, MI) Aurora. CO 80011.1207 501985.1172 @ COPYflght 1990, Maple Flooring Manufacturers Refer 10 Sweels #09550'HOR 303'371,1411 800.421.7319 Association; all rights reserved ,.. . AGENDA ITEM 11-F INVITATION NO. SB 92C-72T DATE: October 4, 1991 DATE SOLICITED: August 20, 1991 DATE OPENED: September 18, 1991 DATE POSTED: October 14, 1991 PRESENTED TO BOARD: November 6, 1991 PROJECT: TERM CONTRACT TO REPAIR/REFINISH GYMNASIUM AND HARDWOOD FLOORS (Repair/Refinish Gymnasium and Hardwood Floors) CONTRACT PERIOD: November 7, 1991, through November 6, 1992 FUNCTION: 7904 OBJECT: 3520 lo'UND: 0100 ESTIMATED TOTAL $20,000 REQUESTED BY: Director of Maintenance and Renovations 22 Bids Solicited, 6 Responses (4 Bids, 2 No Bids) 16 No Response VENDOR TERMS DELIVERY ITEM 1 ACOUSTI ENGINEERING CO. Net 30 15 days 3.25 sq. ft. CAMAIO SURFACES, INC. Net 5 days 2.47 sq. ft. SOFT-LITE FLOORS, INC. Net 21 days 6.20 sq. ft. UNITED MILLWORK INC. Net - - - 4.80 sq. ft. LEGEND: = Award (_) = Reject RECOMMENDATION: I recommend award be made to the lowest and best bidder meeting specifications, terms and conditions. Respectfully submitted, C. Monica Uhlhorn Superintendent of Schools Recommended by: Henry R. Boekho~ Betty J. Helse~ Contact Person) Don Chenicek ~ Terry L. Rhea~ Failure to fi~~ protest within the 'time prescribed in s. 120.53{S)" Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. h', " INVITATION NO. SB 92C-72T ., SPECIAL CONDITIONS j(C/ A. SCOPE: The purpose and intent of this invitation to bid is to secure firm prices and establish a term contract for REPAIR AND/OR REFINISH GYMNASIUM AND OTHER HARDWOOD FLOORS, as specified herein, at various schools located through- out Palm Beach County. B. DELIVERY: Prices quoted in this invitation to bid shall be FOB destination as set forth on individual purchase orders. C. TERM OF CONTRACT : The term of this contract shall be during the period November 7, 1991, through November 6, 1992, with the option to renew annually for a period of two (2) additional years. Annual renewal acceptance will be based on the successful vendor outlining in detail their renewal intentions and maintaining all price and any special conditions for the forthcoming year no later than September 1 in each contract year and acceptance of same by the School Board. All prices shall remain firm for the duration of this contract. D. AWARD: Items in groups as marked, will be awarded by group. Therefore, it is ~sary for a bidder to bid on every item in the particular group in which the bidder submits a bid in order to have a bid considered. It is also required that the bidder carefully consider each item, and make sure that each one meets the specifications as indicated. In the event that one item does not meet such specifications the entire group bid will be disqualified. It is anticipated that this bid will be awarded at the November 6, 1991, board meeting. E. QUALIFICATION: Each bidder MUST submit with their bid or within three days of request a listing of similar completed projects. Failure to submit listing will.be grounds for rejection of bid. F. PRICES: Prices shall include all costs incurred in the delivery to and off- loading of materials at site indicated. Prices quoted for removal, installation and/or refinishing of floor shall include ALL costs involved, including any and all materials, equipment and labor utilized. G. CATALOG CUTS: Bidders MUST submit with their bid catalog cuts, specification sheets, technical data and any other pertinent information on the products/ materials they intend to use in the fulfillment of this contract. Failure of the bidder to submit the above information with their bid or within three days of request may be grounds for rejection of their bid. H. INSURANCE: See attached sheet for insurance requirements. The School Board of Palm Beach County must be named as an additional insured on policy. Purchase orders will not be released until the certificate of insurance is received in the Purchasing Department. .-.-. ALL NUMBERED PAGES MUST BE RETURNED FOR BID TO BE CONSIDERED. 3 of 11 ". " INVITA'rION NO. SB 92C-72T I. SCOPE OF WORK: The Contractor shall furnish at their expense all supervisors. equipment, tools, materials, labor, transportation and other facilities and services necessary to properly perform work specified. The Contractor shall be responsible to ensure that all refuse, rubbish, scrap materials and debris caused by their operations are cleaned up so that work site presents a neat and orderly appearance at all times. Contractor shall retain all product containers at job site until finished proj ect has been accepted. At completion of work at each site, the Contractor shall remove all waste materials, tools, equipment and surplus materials from the work site and leave finished installation ready for use. Safeguarding of all equipment, tools, materials, etc., at the work site shall be the Contractor's responsibility. Contractor shall repair/replace at no cost to the School Board, any and all damage due to their operations. This shall include any and all damage to walls, doors, door frames, fixtures and furniture. The Contractor shall re-execute any and all work that fails to conform to the requirements of this invitation to bid and that appears during the progress of the work. Contractor shall further remedy any defects due to faulty materials or workmanship which appear within a period of one (1) year from date installation is accepted. J. PROCEDURE: Subsequent to award, the following procedure will be followed: l. When need for removal, repair, installation and/or refinishing of hardwood floors arises, the Department of Facility Operations will notify Contractor of need. Notification will include the name and address of school, name and telephone number of person to be contacted, area(s) of school involved and what work is desired to be performed (Le. removal/repair only, installation only, refinish only, etc.). 2. After receipt of notification, Contractor shall, within two (2) working days, contact designated person and make appointment to visit site to take necessary measurements and ascertain work to be performed. After purchase order has been issued, NO extra charge or compensation will be allowed as a result of differences between actual amount of materials (including lossage) required and measurements used to order materials. 3. Contractor shall, within five (5) working days after making site inspec- tion, submit a written proposal in duplicate to the contact person. a. Proposal shall indicate work Contractor recommends as being required. Proposal shall indicate dimensions of area{s) involved, the amount and type of material to be utilized (including the manufacturer's name and number), cost of each item, any additional work or changes in- volved, days after receipt of purchase order required to complete job. Cost of materials and additional charges shall be based on prices submitted in response to this invitation to bid. Any replacement of special characters, school insignia, etc., should be determined at work site and included in proposal. In the event the school desires to do their own special painting, the contractor shall supply all ~aterials ALL NUMBERED ?AGES HUS'r..BE RE'l'URNED FOR BID TO BE OJNSIDERED. 4 of 11 , . '. t....:'-';;:~-'-C: :..~C;~':) INVITATION NO. SB 92C-72T and application directions. School personnel performing this service shall not effect warranty of work. b. Contact person shall review all proposals. If found acceptable, contact person shall either authorize contractor to proceed (in the event a blanket purchase order has been issued) to perform recommended work or submit a purchase requisition (Form PBSB 0239) to the Purchas- ing Department. Upon receipt of requisition, the Purchasing Depart- ment will issue a purchase order to the contractor. 4. Upon receipt of authorization to perform work or purchase order (whichever is applicable, Contractor may proceed with ordering required materials. Once contractor knows date work can commence, contractor shall contact designated person and establish a definite commencement date. Upon completion of required work, the Contractor shall contact designated person and request inspection of finished project. K. TIME OF COMPLETION: Time of completion of the work shall be as set forth on the individual purchase order. The time allotted for completion on a purchase order be the time frame mutually agreed upon by the contractor and the Depart- ment of Maintenance and Renovations, but no less than ten (10) working days to substantial completion and five (S) working days to final completion, unless waived by the owner. Time frame shall be determined by owner's requirements and needs in conjunction with contractor's site inspection for the purpose of estimating work and determining extent of work to be accomplished. L. DELAYS AND EXTENSIONS OF TIME: If Contractor for any cause or reason which is beyond their control, 'is delayed in meeting completion date, date shall be extended by mutual agreement between the Contractor and the School Board (contact person). M. LIQUIDATED DAMAGES: Should the Contractor fail to complete the work within the time specified on the purchase order, and provided the vendor has not previously obtained an extension of time, the School Board reserves the right to collect liquidated damages. Said liquidated damages shall be assessed at the rate of $200 per calendar day for each day that installation remains uncompleted after time allotted. The date of completion of the installation will be the date certified by the contract administrator that installation is complete in accordance with the provisions of the purchase order and this invitation to bid. Successful bidder hereby consents and agrees that it is not necessary for the School Board to prove monetary 1055. N. PAYMENT: Payment to Contrnctor will normally be made on completion of work specified on purchase order. When contract purchase order is issued, partial payments will be made. When desiring payment, Contractor shall submit an itemized invoice to the party making request that work be performed. Upon receipt of invoice, Owner's representative shall ascertain that. work for which payment is requested has been performed and materials furnished in ALL NUMBERED PAGES MUST BE RETURNED FOR BID TO BE CONSIDERED. 5 of 11 'l1li " INVITATION NO. SB 92C-72T accordance with specifications and special conditions set forth herein. If found to be properly due, Owner's representative shall attach invoice to a properly executed receiving copy (pink copy) of the purchase order or a purchase requisition and forward them to the Purchasing Department for process- ing. o. BID EXEMPT: Purchases shall not include items available at lower prices on other School Board of Palm Beach County contracts or State of Florida con- tracts. The School Board of Palm Beach County reserves the right to bid separately any item if deemed to be in the best interest of the School Board. P. BIDDERS RESPONSIBILITY: In addition bidder shall extend during the contract period any item(s) offered on a "promotional" basis from the manufacturer. It will be the successful bidder's responsibility to monitor said itern{s) and report any that are or will be offered at lower price. Q. CORRECTIONS: All price corrections must be initialed. This includes the use of correction fluid (white out) or any other method of correction. See Gener- al Conditions, page 1, number 1, Execution of Bid, for acceptable means of correction. R. JOINT-BIDDING, COOPERATIVE PURCHASING AGREEMENT: All bidders submitting a response to this invitation to bid agree that such response also constitutes a bid to all State Agencies and Political Subdivisions of the State of Florida under the same conditions, for the same prices and for the same effective period as this bid, should the bidder{s) deem it in the best interest of their business to do so. This agreement in no way restricts or interferes with any State Agency or Political Subdivision of the State of Florida to rebid any or all items. S. WITHDRAWAL: A bidder wishing to withdraw a bid for any reason, after the final call for bids at the designated time of opening, may not do so unless a writ- ten request is submitted to the Superintendent of the School Board of Palm Beach County giving reasons for bid withdrawal. If recommended by the Super- intendent, this request will be submitted to the Board for their considera- tion. T. MINORITY CERTIFICATION APPLICATION: Send the enclosed Minority Certification Application (if applicable) under separate cover to: Minority Business Enter- prise, 3910 RCA Boulevard, Suite 1011, Palm Beach Gardens, FL 33410-4213 . U. PUBLIC ENTITY CRIMES: Bidder by virtue of bidding and signature on page one (1) of Invitation to Bid: Authorized Signature (Manual), certifies that they have not been convicted of a public entity crime as defined in Section 287.133 of the Florida State Statutes. A public entity crime as defined in Section 287.133 of the Florida State Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transac- tion of business with any public entity in Florida or with an agency or polit- ical subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or such agency or political subdivision and involving anti- trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material ALL NUMBERED PAGES MUST BE RETURNED FOR BID TO BE CONSIDERED. 6 of 11 . ". '. INVITATION NO. SB 92C-72T misrepresentation. In addition, bidders certify that they have not been suspended and/or debarred from Federal Programs. Attached is a certificate to be completed by all awarded vendors. This cer- tificate can be submitted with bid or shall be submitted within five (S) days upon request. V. DEFAULT: In the event of a default on a contract, the successful bidder shall pay to the Board, as liquidated damages, an amount equal to 5% of the unit price bid, times the quantity or $50 whichever amount is larger. In the event of default on a contract, the successful bidder shall pay all attorneys fees and court costs in collecting said damages. W. CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Superintendent or their designee shall give written notice to the contractor stating the deficiencies and unless the deficiencies are corrected within ten (10) days, recommendation will be made to the School Board for immediate cancellation. Upon cancellation hereunder the School Board of Palm Beach County, Florida, may pursue any and all legal remedies as provided herein and by law. The School Board of Palm Beach County, Florida, reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving 30 days prior written notice to the other party. If said contract should be terminated for convenience as provided herein, the School Board shall be relieved of all obligations under said contract. The School Board of Palm Beach County shall only be required to pay to the contractor that amount of the contract actually performed to the date of termination. X. POSTING OF BID TABULATIONS: Bid tabulations with recommended awards will be posted for review by interested parties, at the location where bids were opened, on or about October 14, 1991, and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.S3{S), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. y. POSTING OF BID AND SPECIFICATIONS: Invitation to bid with specifications will be posted for review by interested parties, at the location where bids are opened, on the date of bid mailing and will remain posted for a period of 10 days. Failure to file a specification protest within the time prescribed in Florida Statutes 120.53 3.(b) shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Z. INFORMATION: Any questions by the prospective bidders concerning this invi- tation to bid should be addressed to Terry L. Rhea, Buyer, Purchasing Depart- ment (407-624-7268), who is authorized only to direct the attention of prospec- tive bidders to various portions of the bid so they may read and interpret such for themselves. Neither Mrs. Rhea nor any employee of the School Board of Palm Beach County is authorized to interpret any portion of the bid or give infor- mation as to the requirements of the bid in addition to that contained in the written bid document. Interpretations of the bid or additional information as to its requirements, where necessary, shall be communicated to bidders by written addendum. ALL NUMBERED PAGES MUST BE RETURNED FOR BID TO BE CONSIDERED. 7 of 11 .". . INVITATION NO. SB 92C-72T SPECIFICATIONS l. FLOOR REPAIR/REPLACEMENT: Contractor shall repair and replace with new matching wood all existing damaged or rotten flooring. Fastening of hardwood strip floors and bonding of replacement parquet sections must be in accordance with industry approved guidelines and National Maple Floor Manufacturer's Associa- tion suggested procedures. 2. FLOOR PREPARATION: Preparation of floor for finish application shall be accomplished as follows: A. Complete removal of existing floor finish by non-sanding methods. Non- sanding to be utilized ONLY when floor sanding is impractical or inadvisable due to conditions such as excessive reduction in floor thickness as result of previous sandings or where actual floor is acceptable but removal of finish is necessary. (1) Finish removal may be accomplished manually (hard scraping) and/or through the use of chemical strippers. (2) Preparation will include final smoothing of floor using 80-100 grit screen discs or fiber. B. Total sanding of floor. ( 1) All floor sanding shall be done only to the point of providing an acceptable surface for application of new finish. (2) Final sanded finish shall be with #2/0 - 100 grit and shall be to a 1/8" tolerance in a la' diameter circle. C. Fill and sand cracks and dents in floor having any surface dimension exceeding 1/8" and/or depth exceeding 1/16". D. Completed floor shall be cleaned and vacuumed with commercial floor equip- ment and tacked to ensure a dust free surface prior to application of floor finish. 3. MARKING OF PLAYING COURTS: Contractor shall mark playing courts in accordance with applicable sports association regulation markings. All lines and markings shall be replaced as original unless otherwise stated during the site walk through. A durable colored finish shall be compatible with the final floor finish. No markings shall be applied to floor until after one (1) finish seal coat has been applied. Replacement of markings shall be in accordance with above specifications. 4. APPLICATION OF FLOOR FINISH: Contractor shall supply all floor finish materials required to complete work at each job site. . -- . ALL NUMBERED PAGES MUST BE RETURNED FOR BID TO BE CONSIDERED. 8 of 11 I',' " INVITATION NO. SB 92C-72T Floor finish used by the Contractor shall meet or exceed Florida School Plant Management Association (FSPHA) specifications or shall be a School Board approved product as follows: Copies of label from product to be supplied upon request. A. Shall produce a high glass, light color and possess durable wearing quali- ties. B. Shall be 4-7 an the Gardner Color Standard. C. Shall be free flowing and shall have a viscosity between A+ and B+ an the Bardner-Holt Bubble Viscometer. D. Shall have a spread rate of 400-500 square feet per gallon. E. Shall spread uniformly without farming bubbles when worked with lambs wool applicator. Further, finish shall flow evenly without reworking when applied as a second coat. F. Shall dry tack-free within eight (8) hours and shall dry hard within 24 hours to permit light sanding or steel wool buffing. C. Shall, when applied in the form of two (2) coats, be a satisfactory surface for the application of' spirit and water emulsion waxes. H. Shall not rubber burn from the use of regulation gym shoes when applied to floor. I. Shall not powder, flake or peel off under normal usage. J. Shall be resist~nt to skimming in the shipping container. K. Supplied finish material shall comply with the following chemical and physical requirements: MIN. MAX. (1) Nan-volatile matter 40% 41. 5% (2) 5% caustic soda solution at 6 hrs. - - - SL effect 20 degrees C immersion (3) Paraffin oil immersion 30 hrs. - - - No effect (4) Gasoline (no lead) immersion 24 hrs. - - - No effect (5) 190 wood alcohol immersion 7 hrs. - - - No effect (6) Boiling water immersion 7 hrs. - - - No effect (7) Cold water at 77 degrees F 30 hrs. - - - No effect immersion (8) Flash point Tee lOooF - - - -, .-. . ALL NUHBERED PAGES HOST BE RETURNED FOR BID TO BE CONSIDERED. 9 of 11 ". . INVITATION NO. sa 92C-72T (9) Suspended inorganic matter 0.0% 0.1% (10 ) Dilution 1000% - - - (11 ) Soap 20% neutral immersion, no 24 hrs. - - - effect (12) Clarify Clear Clear (13 ) Specific gravity .873 .89 (14 ) Sward hardness 44 - - - A minimum of four (4) coats of finish shall be applied as follows: A. Apply first coat to bare wood as a seal coat. B. Apply markings. C. Apply three (3) additional coats with ample drying time between coats. D. All finish coats and markings shall be abraded between coats to assure satisfactory adhesion of succeeding coats. 5. PERIODIC RECOATING OF FLOOR: Entire floor shall be abraded using #80 grit screen disks to remove all oils, stains and loose finish from floor. Abraded floor shall be cleaned and vacuumed with commercial floor equipment and tacked to ensure a dust free surface before application of finish coat. Vendors are requested to provide the below requested pricing: BID SUMMARY SHEET Item 1. FLOORING, WOOD; New, per square foot. MFG. Action Floors, MFG. NO. 33/32x2-1 /4", 2ndrnit $ 2.47 /Sq. Ft. TOTAL COST ITEM 1 $ 2.47/Sq. Ft. ADDITIONAL INFORMATION: Additional Charges, Labor, For Following Services: a. Removal of existing flooring $ .48 /sq.ft. b. Installation, new flooring $ .42 /sq.ft. c. Preparation of floor (sanding) $ .29 /sc:.ft. - d. Preparation of floor (non-sanding method) $ . I .41 /sq.ft.~' '~ e. Replace markings (not wider than 3") $ . 1 2 /sq.ft. f. Replace special markings (school insignias, $ 7.00 /sq.ft. center circles, key areas and borders) ALL NUMBERED PAGES MUST BE RETURNED FOR BID TO BE CONSIDERED. 10 of 11 I'. " INVITATION NO. SB 92C-72T g. Application of finish coats (4 total) $ .45 /sq.ft. - h. Recoating floor (periodic) (1 total) $ .21 /sq.ft. Submit price for floor finish to be used by successful bidder. Price is for additional information and will remain firm for entire contract period. MFG.Hillyard MFG. NO. #285 UNIT $ 96.20 jper 5 gallon container. Gold Medalist mNORITY STATUS: Please indicate if a minority-owned (51%) business. Yes No X - If answer was yes, please indicate which minority group: Black-African-American - Hispanic American - Asian American Asia-Indian American - - Indian American Female - - Physically Disabled Other - If minority-owned business, please be sure to fill out the attached Minority Certificate Application. 5 ATTACHMENTS ALL NUHBERED PAGES MUST BE RETURNED FOR BID '1'0 BE CONSIDERED. 11 of 11 i"~ .. I ,;,i ,,// ' .. -~('-- . MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: MASTER PLAN - LEON WEEKES PRESERVE DATE: March 31, 1992 Attached please find a proposal from Dr. Daniel Austin of Florida Atlantic University to prepare a site plan for Leon Weekes Preserve that will include investigation of the vertebrate and plant community. The cost of the proposal is $15,000 and charged to account # 117-4169-572-33.19. Please include this on the April 14 agenda for commission consideration. Jo Di Parks & Recreation JW:giv REF: DHARDEN.DOC ,. ,." FROM:SPONSORED RESEARCH TO: 407 243 3774 MAR 26, 1992 ~ 3:45PM P,02 . FLQRIDA ATLANTIC UNIVERSITY P.O, sox 3081 eOOA RATON, FLORIDA 334:;11 -oea 1 DIVISION OF SPONSORED RESEARCH (407) 367.2310 FAX (407) 367-2319 March 26, 1992 ~lr. Joe We idon Director of Parks and Recreation City of DeIray Beach 100 N. W. 1st Avenue DeIray Beach, Florida 33444 RE: l,eon M. Weekes Environ.ental Preserve Master Plan Dear Mr. Weldon: On behalf of Dr. Daniel Austin and Florida Atlantic Universlty, I am forwarding two copies of a Sponsored Research Agreelllent between the City of Delray Beach and Florida Atlantic University. Please have both copies signed and return them to me in the Division of SponEwred Research (Administration Building, Room 201) for execution. I will return a fully executed copy to you as promptly as possible. Please contact me at 407/367-2310, if I can be of service t.o you or your staff in processing this agreement in any way. Sincerely yours, ~ Sandra Mann Research SerVice/Program Coordinator c: D. Austin n_M n..~nn . t:nf't 1 Al.nRl'dele . Davie. Palm Beach Gardens '. .. . r-~OM:SPONSORED RESEARCH TO: 407 243 3774 MAR 26, 1992 3:46PM P.03 FLORIDA ATLANTIC UNIVERSITY SPONSORED RESEARCH AGREEMENT THI S J S AN AGREEMENT, entered into <>n March 27, 1992, between The Ci ty of Delray Beach a Public Agency, on behalf of the City of Delray Beach Department of Pal"k~ and Recreation, existing under the laws of the state of Florida (the "Sponsorll ) and FLORIPA ATLANTIC UNIVERSITY, a member of the State University System of the State of Florida, acting for a.nd on behalf of the Board of Regents, a public corporation of t.he state of Florida (the llUniversityll). The Sponsor clesi res to have access to data, conclusions and products of research and developmellt. investigations pertaining to certain activities of Sponsor. The Uni versi ty has been requested by Sponsor to conduct a research project to provide the desired information. In consideration of the covenants and conditions contained in this Agreement (the "Agreement") a.nd other good and val uabl e consideration, the adequt:l(:y and receipt of which are acknowledged, the Sponsor and University agree aR follows: 1. The Department of Biology in the College of Science, through the Division of Sponsored Research of the University, will develop and ca.rry out a resear'ch project to be known as: "The !'f...On M. Weeke~.Environ.en~{l.J.heBcrve M~~~r l'lan" . The Project is briefly described as follows: A biological survey and master plan will be developed for t~e City of Pel ray Beach for the city park known as the Leon M. Weekes Environmental Preserve. Please note attached Scope of Work. (the "Project"). 2. The Director of the Project for the University is Dr. Daniel Austin (the "Project Director-II). 1'he Project. Pi rector shall have respotlsi bE ity for technical direction of the Project, the administration of Project funds and for preparation and submission of written and oral reports to Sponsor. Students, staff memhers or members of the University faculty who par'ticipate in t.his Project wi Jl, while so engaged, be under the technical and administrative supervision of the Project Director, or in the absence of the Project Director, the appropriate College Dean, Depart.ment Chair, Division Head or University Vice President. 3. The Sponsor and the University agree that the Project will begin on or about Apri 1 1, 1992 and wi 1] be completed by June 30, 1992, unless the parties, by II'llltual writt.en agreement, extend the time for completion. 4. Sponsor agrees to pay the University the total sum of $15,000. It is payable as follows: $7,500 upon execution of this agreement and $7,500 upon completion and submission of the Master Plan. Sponsor acknowledges and agrees that performance by the University is contingent upon receipt of payment by the Sponsor, on the date(s) prescribed above. The failure of Sponsor to make timely payments may require t.he University to cease project work and terminate t.his Agreement. 'l'he University agrees to provide notice of such cessation, termination or both in writing to Sponsor. rr<:UI'I' ot-'UN~URED RESEARCH TO: 407 243 3774 MAR 26, 1992 3:47PM P,05 . . . . ;- PROPOSAL TO MAKE A MASTER PLAN OF THE DELRAY BEACH SCRUB PARK I. PI~RS()NNEJ ..: J}rincipat Investigator: Dr. DANIELE AUSTIN, Professor and Curator of the Herbarium Department of Biological Sciences, Florida Atlantic University Student Assistants: Ms. JUDITH HICKLIN, Biology; community and vertebrate specialist. Ms. CHRISTINfi LocKHART, Biology; community speciali~t Ms. RENEE RASHA, Geography; remote sensing and drafting specialist II. SITE: . City property (about 9 acres) east of Albatross and Curlew Streets, south of Linton Boulevard (Township 468, Range 43E, SE corner of Soot. 32). Ill. SCOPE 01;' SRRVJCI~S: 1) Prepare a list of all vascular plants present inc1udi ng: a) Endangered and threatened plants, with commentary on the population size and recommendations on how the species might be managed or protected. b) Exotic plants with commentary on their economic and ecological impacts and j mportance; 2) Prepare a vegetation map on the scale of tht; tax aerial photographs; 3) Prepare a discussion of the community structure; and 4) Provide information of community dynamics. 5). Work with you and your staff in the preparation of a Master Plan for the site. IV, TIME SCUEI>U...f:: The above items will be provided in writing to your office three months after thc beginning of a contract between Florida Atlantic University and the City of Delray Beach. v. BUDGET: I. OPS (Field survey, writing and drafting report) $ t t ,040,00 II. Supplies and miscellaneous $ 1,000.00 111. Travel $ 200.00 IV. Overhead@ 25% ofOPS $ 2,760.00 TOT A I... $15,000.00 . . .. Agenda Item No. : AGENDA REQUEST Date: APRIL 2, 1992 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: APRTT. 14, l.qQ? XXX CONSENT AGENDA Description of item (who, what, where, how much): CASE II ADDRESS GRANT AM0UNT 90-007HR 913 S.W. 4TH AVE. $14,341. 95 91-013HR 304 S.W. 11TH AVE. $14,290.50 91-047HR 605 S.E. 2ND AVE. $14,282.10 . . (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT #118-1963-554-60.23 GRANT AMOUNT INCLUDES CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. 00 1 - 3 3 3 3 - 5 5 5 - 4 4 . 5 5 ) . ." : Department Head Signature, ~ ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO I Funding alternatives: (if applicable) Account No. &. Description: Account Balance: City Manager Review: Approved for agenda: 8/ NO lJ1'1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ~ , ~ M E M 0 RAN DUM TO: 'rED GLAS, PURCHASING ADMINISTRATOR FROM: DOROTHY ELLINGTON, CD COORDINATOR ~~ 'rHRU: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ~ DATE: A.PRIL 2, 1992 SUBJECT: HOUSING REHABILITATION PROGRAM Attached, please find Community Development's Housing Rehabilitation package, Bid ~92-26. This package is submitted for the Consent Agenda scheduled for APRIL 14, 1992. This package is submitted to your office per Purchasing policies and Procedures. HR2/PAGE2 10;. " , , M E M 0 RAN DUM -rO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR THRU: l.ULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENTLJ(; DATE: APRIL 2, 1992 3UBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE THE COMMISSION This is to request approval for three Housing Rehabilitation Grant Awards. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder, plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends Housing Rehab Grants be awarded for the .following: Case# Address Gran-c: Amount 90-007HR 913 S.W. 4TH AVE. $14,341.95 91-013HR 304 s.w. 11TH AVE. 't14,290.50 91-047HR 605 S.E. 2ND AVE. '614,282.10 liR2 . " . . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 92- ~HR APPLICANT: JORGE & TERESA GARCIA APPLICATION #: 90-007HR PROJECT ADDRESS: 913 SOUTHWEST 4TH AVENUE DATE OF BID LETTERS: MARCH 2, 1992 DATE OF BID OPENING: MARCH 13, 1992 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ 15,205.00 B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ 25.470.00 1ST CONSTRUCTION OF PALM BEACHES $ GAMZO, INC. $ 19,062.00 (NO BID BOND) GREGORY CONSTRUCTION INC. $ HENRY L. HAYWOOD $ 13,659.00 INTERCONTINENTAL CONSTRUCTION CORP $ 16,360.00 MARK GRIFFITH $ MJD CONSTRUCTION SERVICES $ 16,546.45 MSL CONSTRUCTION, INC. $ M.S.S. CONSTRUCTION $ PRESTON CONSTRUCTION $ 14,310.00 ~AUL GEORGE BUILDERS $ RAY GRAEVE CONSTRUCTION INC. $ IN - HOUSE ESTIMATE: $ 16,760.00 CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD BID/CONTRACT AMOUNT: $ 13,659.00 COMMENTS: LOW RID BIDFORM/PGl ., CITY OF DELRAY BEACH aOMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 92- 26 HR APPLICANT: VICTOR & LILLIAN FLORES APPLICATION #: 91-047HR PROJECT ADDRESS: 605 SOUTHEAST 2ND AVENUE DATE OF BID LETTERS: MARCH 2, 1992 DATE OF BID OPENING: MARCH 13, 1992 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ 27,680.00 1ST CONSTRUCTION OF PALM BEACHES $ GAMZO, INC. $ 16,813.00 (NO BID BOND) GREGORY CONSTRUCTION INC. $ HENRY L. HAYWOOD $ 13.602.00 INTERCONTINENTAL CONSTRUCTION CORP $ 18,935.00 MARK GRIFFITH $ MJD CONSTRUCTION SERVICES $ MSL CONSTRUCTION, INC. $ M.S.S. CONSTRUCTION $ PRESTON CONSTRUCTION $ eAUL GEORGE BUILDERS $ RAY GRAEVE CONSTRUCTION INC. $ IN - HOUSE ESTIMATE: $ 16,825.00 CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD BID/CONTRACT AMOUNT: $13,602.00 COMMENTS: LOW BID BIDFORM/PGl 1-;. . . - CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 92 -26HR APPLICANT: ROSE BRINSON APPLICATION #: 9l-013HR i?ROJECT ADDRESS: 304 SOUTHWEST 11TH AVENUE DATE OF BID LETTERS: MARCH 2, 1992 PATE OF BID OPENING: MARCH 13, 1992 NAME OF CONTRACTORS .AMOUNT OF BID ABISSET CORPORATION $ 15,370.00 B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ 1ST CONSTRUCTION OF PALM BEACHES $ GAMZO, INC. $ 14.593.00 (NO BID BOND) GREGORY CONSTRUCTION INC. $ HENRY L. HAYWOOD $ 13,345.00 INTERCONTINENTAL CONSTRUCTION CORP $ 16.950.00 MARK GRIFFITH $ MJD CONSTRUCTION SERVICES * $ 13,610.00 MSL CONSTRUCTION, INC. $ M.S.S. CONSTRUCTION $ PRESTON CONSTRUCTION $ PAUL GEORGE BUILDERS $ RAY GRAEVE CONSTRUCTION INC. * $ $13.610.00 IN - HOUSE ESTIMATE: $ 16.625.00 CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES BID/CONTRACT AMOUNT: $ 13.610.00 COMMENTS: HAYWOOD CONSTRUCTION WITHDREW AS LOW BIDDER BECAUSE HE WON TWO OTHER BIDS. TIE BIDS DECIDED THROUGH COIN TOSS (ACCEPTABLE PRACTICE, PER PUR- CHASING ADMINISTRATOR.) BIDFORM/PGl ". " . ~ I . . . Agenda Item No,: AGENDA REQUEST Date: Apri 1 6, 1992 Request to be placed on:' COiU.,$r~T ,4W,...,DA xxx R~ar ~a Special Agenda Horkshop Agenda When: April 14, 1992 Description of agenda item (who, what, where, how much): Staff requests City Commission to approve the purchase of "3 Stage Poly Air Scrubber"for odor control from Davis Pro"..,;,; t:o be installed at Lift Station 80. The uni twas i nsta 11 ed January 24 for a test tri a 1 and seems to be doin9 extremely well. Cost is $39,500 and $6,000 for maintenance. chemicals and reDlacemnt of all equipment: Funding source will be 441-5162-536-61.16. ORD~HANCE/ RESOLUTION REQUIRED: ~;S</ NO Draft Attached: !I:iltE.8/NO Recommendation: Staff recommends City Commission to approve the purchase of the "3 StaQe Poly Air Scrubber" from Davis Process Division (approved supplier by City of Delray Rp.a"h) ;"., Department Head Signature: Determination of Consistency Plan: "!" City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/ NO ~f applicable) Funding alternatives: IfW ,dZ ,\5b c../ /,,( Account No. & Description: flJ. I;;,rvO - 3 S7Jl<~ ~ccount Balance, f/ ~,J:t: hLylt1tL SG-wSf.S ~ Cit Manager Review: Approved for agenda: @/ NO (;t;J\ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ,...", " ",- -i~ I , f CIty d ne1ray Beach ~BlJdget Transfer dlVtRO~~iEN T;\i. 5E RV ICES ranater If> Date March 23. 1992 92 APR - 3 P It: I 8 ~."? / 6-S 1J -.. . (3) Interfundllnterdepartrnental Transfer R E C !. . vt frtch Number .. ,1::1> , -~ (5) Requested By: George Abou-Jaoude. Deputy Director of Public Utilities (6 ACCOUNT NUMBER DESCRIPTION (8 TRANSFER OUT 9 TRANSFER IN Budget Amendment: 441-0000-301-39.00 Prior Year Surplus - $ 34.430 1984 Water and Sewer Revenue Bond 441-0000-361-39.00 84 Water & Sewer INterest 5.336 I 441-51A2-536-61.16 3 Stage Poly Air Scrubber $ 39.766 ~ Budget Transfer: 441-5162-536-'xx 61.79 Rehab 112M Gal Elev Tank 5,800 J -- 441-5162-536-61.16 3 Stage Poly Air Scrubber 5,800 ,if- I t~ , (10) TOTAL $ 45,566 $ 45,566 JUSTIFICATION: Transfer necessary for purchase of "3 Stage Poly Air Scrubber" J , for installation at LS 80 for odor control. This will include $39 500 for the purchase of the unit and $6000.00 for maintenance and chemicals. Also include full warranty for all equipment and material. , . De (12) Control Number QjO 302 i : (13) Period (14) Count 5 ---. _.- ._~ - - 1""1"'"'''''''' """,,...... ,.. . . fA"" .."... ",. ", ....~... a .-_. ......... ,.,. " ,~" .: 6> f) MEMORANDUM ... .".,---..TO: David T. Harden City Manager FROM: George ',Abou-Jaoude Deputy Director of Public utilities . "',, . SUBJECT: ODOR CONTROL UNITS AT LIFT STATIONS DATE: March 19, 1992 This is a continuation of my evaluation to the existing odor control un~ts purchased and installed by Pump and Equipment Co. -......-..--.-. ..... . I have attached a copy of the bid tabulation, aid #91-46, for your infQrmation. I contacted all three suppliers to discuss the issue.;'! attempted three times to reach a Calgon representative and have had no response. Mr. David Stoehr from Tigg Corp. faxed a revised cost for two different models. Tigg Corp. does not recommend carbon regeneration. The cost for new carbon is $785/250 Ibs and is delivered in cylinders of 2000 Ibs (total cost $6280.00). The f costs for the odor units are $10,255 for 720 CFM and $14,735 for 1160 CFM. Mr. Phil Liston from Westates Carbon, Inc. mentioned that.Pump & Equipment bought the carbon from them and to this date has not paid for it. He will not honor the price quoted until he I inspects the sites and reviews his records. Also attached are copies of the sulfide readings for Lift stations #50 & #80 for the month of February. Because of no complaints and the readings, I believe that the three stage Poly Air Scrubber by Davis is performing well. The scrubber supplied by Davis was installed on January 24 for a 30 day trial test. The trial period was due on February 24. I told the Davis representative that we are still evaluating the unit. , 1>" . ,-, .' .. 4'-.... I ,- I. support my first recommendation on leasing the wet scrubber with option to purchase. Davis Process will apply 75% of the lease program toward purchasing the unit. The cost for this scrubber is $39,500.00. I do not recommend installing Tigg Corporation's unit because they 'have no local representatives and all correspondence is throug~ virginia. I have no commitments from Westates Carbon, Inc. Please review and advise. & /1 George A~~ude GA:smm ATTS: File: Memos to city Manager . A:.ODOR. DOC ;. i~.i ..l;' .~~ f ...... . .~. --- ----'. J I " ',' \ ..-......-----. . ..... I". " "1~;.4 , . .. I f\~", \.\D""dl...'" : M E M 0 RAN DUM eo..-. 1:. ; ... l. '-'a L- t\,',... I ~\- o'{ f ('('..r-v1, ~ '1' II G 5 (AI"'" _:? P):....... P'w.-'t..t TO: D~vid T. Harden C~'l/ JL CJ.ty Manager r I , FROM: George Abou-Jaoude Deputy Director/P.U. SUBJ: ODOR AND'SCRUBBER AT LIFT STATION 80 , DATE: March 9,'1992 We installed one (1) three stage Poly Air Scrubber, 500 CFM, with the use of caustic and bleach chemicals at Lift Station 80. Lift Station 80 is located west of Congress Avenue off of Lake Ida Road at L.W.D.D. E 3 1/2 canal. The station has a carbon unit for gas and odor absorption supplied by Pump & Equipment Co. of Boynton Beach and installed October 17, 1991. ,;,/ Since~the installation of the carbon unit, we had numerous odor complaints from the surrounding residents. On January 24, 1992, with your permission, I instructed Davis Process Division to install the wet scrubber identified above for test trial period of 30 days. We monitored the odors and gases l' during this time and the findings are shown on the attached r report by peroxidation Systems, Inc. Please compare sulfide levels between Stations 50 and 80. station 50 is approximately the same size as 80 and has the same carbon unit. Since my association with this division, I have been challenged -- -", '-'--"with the existing problems with odors and gases at the Master .' Lift station and stations 50 and 80. I made several investigations on the carbon units in use and found that the units are not sized adequately and are not monitored by Pump and Equipment as indicated in their bid. I contacted Mr. Prugh from Pump & Equipment around mid-December and requested an evaluation on the units. Mr. Dave Dubberly met with me at station 50 and promised that he will get back with me as soon as possible with his evaluation. I called another meeting on February 5, 1992, since, I have not received anything from Pump & Equipment and the minutes to this meeting are attached. Pump & Equipment stated that they would come back with an evaluation wi thin two weeks which I have not received to this date. I went a little further on my investigation which resulted in discovering that Pump & Equipment had been involved in approximately (5) five legal suits in the last several years. '. ~ - $ , - '." ..... Lift stations 50, 80 and the Master were installed without purchasing or budgeting for any stand-by new carbon or regeneration of old carbon. The cost are highlighted in the attached fax. It will cost $6,100.00 for each station (50 and 80) and $1,249.00 for blower parts for breakdowns. Master Lift station will cost $14,550.00. In their proposal, it is indicated that there will be a monthly check-up by their service technician for sulfide reading to determine the needed time for carbon changing. To this date, there has not been any readings of sulfide levels by Pump & Equipment. u" ,__ ~... ._. ---". I have attached the proposal, for the wet scrubber by Davis. The cost to keep it on line is $19,500jyear. This cost includes the thirty (30) days trial for $3,000.00 and $1,500jmonth for maintenance and chemicals. I recommend approval to lease this unit for station 80 and work towards leasing two additional units for station 50 and the Master Lift station in the coming budget year. The funds for leasing the scrubber can be transferred from. account #441-5141-536-536-60.89 capital outlay for the sewer collection group,~ 'The approved budget reflect a purchase of the Assembly for:1(ac-con at $12,000.00, $6,500.00 9-ton trailer and 1 inch high~pressure hose for $1,000.00. The hose was bought last year and the other items are not necessary. I' have attached a budget transfer to Lift station Maintenance account # 441-5144-536-33.42 Rental Equipment for your review and approval. J Please call me for additional information. I I GA:pw cc: Memos To city Manager Robert Bullard, Maintenance Superintendent FILE; ODOR ..... --. . - ._-" --'--'- , . '" , . - . ' . k, DAVIS- ,'" "'i"ir '; ';:: :i':: ':Sf3fyJ7YtJt~~ Waler In_dUslry Since 1938"_____, .1" .\. I' 92 FED \ 0 PI1 l~: 0 \ 2650 Tullevast I~oad PROCESS diVa P,Q, Box 29 February 7, 1992 Fax 407/243-7060. . t : -, ", Tallevast FL 34270-0029 I," " . ~ ' ','" I ) 813-355-2971 " ~ L\~ ~t." ~.(.!. \t I!,- L.. FAX: 813-351-4756 ... ~- Mr. George Abou-Jaoude Deputy Director of Public Utilities City of Delray Beach 434 South Swinton Avenue , Delray Beach, FL 33444 '. RE: SCRUBBER PURCHASE/LEASE OPTIONS Dear Mr. Abou-Jaoude:~;; Davis Process D~vision appreciates your interest in our scrubber system. As per your request, I have listed three options available as per your request. 1 .~y Purchase one (1) Tri-Plex Air Scrubber for $39,500.00. Price includes . ,~~' installation and mobilization. 2i', Lease one (1) Tri-Plex Air Scrubber for a minimum of one (1) year at $1,000.00 per month. At the end of the lease, 75% or $9,000.00 may be _' P_,.t____ applied to the purchase price of $39,500.00. There will be a ~ ~nO.@fee for mobilization and installation. ~/OOO 3. With either, of the above options, Davis Process will offer a service contract for $500.00 per month. This service includes a weekly mainteriance program, a_~' .'_" .__". replacement of all parts and equipment and all chemicals needed to operate I the scrubber. ) Again, let me thank you for considering Davis Water & Waste Industries, Inc., Process Division for the control of your odor problem. If you have any questions please do not hesitate to call me at 1-800-345-3982. Sincerely, DAVIS WATER & WASTE INDUSTRIES, INC. Process Division ~~ Taverrite ales Representative JT/sw A: Delray .Scb '. . " Agenda Item No.: AGENDA REQUEST Date: 4/6/92 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: 4/14/92 Description of item (who, what, where, how much): Staff request award of the CBD Alleyway Reconstruction Project to Jack Hardy, Inc. for $483,771. 00, Proiect No. 91-53. Funding source 225-3162-541-61.43 (Decade of Excellence) $366,557.50, Water and Sewer $93,454.00, Reimbursement from the eRA $23,759.50 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval Department Head Signature: \?l)~~. 4/7/')?- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: fiJ/NO f,1JU1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved .. . . Agenda Item No.: AGENDA REQUEST Date: 4/6/92 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: 4/14/92 Description of item (who, what, where, how much): Staff request award of the CBD Alleyway Reconstruction Project to Jack Hardy, Inc. for $483,771.00, Project No. 91-53. Funding source 225-3162-541-61.43 (Decade of Excellence) $366,557.50, Water and Sewer $93,454.00, Reimbursement from the CRA $23,759.50 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval Department Head Signature: \?l)~Jv- 4/7/'1?- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~red on all items involving expenditure of funds): Funding available: ~ 7NO Funding alternatives (if apPlicab~ Account No. & Description'Z-"}S-3"2..--c:;41.IaI-43 ~yVvJiN ~ /()It/ Account Balance 37fo /72..8f, . . I 442-SI1&-S~ .bl--tl wP\fe.e M€Tet< Q~. P~RAM Cl. t Y Manager Rev l.ew: 1<2.,2$ .4! -reO..rar asez."~ r , '2-1Ii~, 1'14-. Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ,.. . . MEMORANDUM RECEIVED TO: David T. Harden APR t 0 '''2 city Manager CITY At FROM: Ralph E. Hayden, P.E.~ ~NAGER'S OFFICE City Engineer DATE: April 6, 1992 SUBJECT: CBD Alley Reconstruction, Project No. 91-53 Enclosed is an agenda request and bid tabulation for the CBD Alley Reconstruction Project. Please place this on the April 14, 1992 Commission Agenda. We recommend award of this contract to Jack Hardy, Inc. , the lowest responsible responsive bidder in the amount of $483,771.00. Funding for this project will be as follows: Decade of Excellence (225-3162-541-61.43) $366,557.50 Water and Sewer (442-5178-536-61.81) $ 93,454.00 Reimbursment from the CRA 23,759.50 RH:mm File: Project No. 91-53 Memos to City Manager RH153406.MRM I'. 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ClnU . , 'Ioh' Inh.ahd Il. I {;_i4 7 ~ D.- 5"81089 - L/83 '771 - Gli8, <J89.~ (;3C S5~.~ 11. na.. 1 thl'o"," '3 Un .........1 '1otal Iy.luatad I.' Ibl It... 1 \"I'IM&," '3 (1.. Wi'll.. DoU.... C4lnl. .,; '. . . ~ Agenda I tem No. : AGENDA REQUEST Date: April 8, 1992 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: April 14. 1992 Description of agenda item (who, what, where, how much): Bid Award - Gulfstream Boulevard - Irrigation Beautification Project. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to low bidder, Windmill Sprinkler Company, at a total of $13,472.50 ! , jj{M) ~~L Department Head Signature: Deteraination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~/ NO Funding alternatives: (if applicable) Account No. & Description: -3?3-4W-SI2...~I-~~ ElULF5Jl?E.AM 'PLVD. Account Balance: ~,oro City Manager Review: Approved for agenda: @/ NO !!r\ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved 1i<I.. ..", '. ~ MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ Administrative Services~ FROM: Ted Glas, Purchasing Officer tjff DATE: April 8, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 14,1992 - BID AWARD - # 92-31 GULFSTREAM BOULEVARD - IRRIGATION Item Before City Commission: The City Commission is requested to award a contract to the low bidder, Windmill Sprinkler Company, at a total cost of $13,472.50. Per the Finance Department, funding is from: ( ) . Background: Funds were allocated in the FY 91-92 budget for irrigation of Gulfstream Boulevard. A total of $ is budgeted for this proj ecL Scope of Service - Installation of an irrigation system to provide coverage to the landscaping on the median on Gulfstream Boulevard (between Seacrest Boulevard and Dixie Highway). Bids for this project were received on March 27, 1992 from four (4) contractors, all in accordance with City purchasing procedures. (Bid II 92-31. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The City Horticulturist/Special Projects Coordinator has reviewed the bids, and recommends award to the low bidder Windmill Sprinkler Company, per attached memo. Recommendation: Staff recommends award to the low bidder, Windmill Sprinkler Company, at a total cost of $13,472.50. Funding as outlined above. Attachments: Tabulation of Bids Recommendation from Community Improvement pc: Lula Butler Nancy Davila '.. ",,' . . MEMORANDUM To: Ted Glas, Purchasing Administrator From: Nancy Davila, Horticulturist/Special Projects Coordinator ~~ Re: RECOMME~DATION FOR AWARD OF BID #92-31 GULFSTREAM BOULEVARD IRRIGATION Date: April 8, 1992 I have reviewed the bids received for the installation of the irrigation system for Gulfstream Boulevard and recommend that the bid be awarded to the lowest bidder, Windmill Sprinkler Company, Inc. , in the amount of $13,472.50. All references contacted were pleased with the performance of Windmill and indicated that they would use them again. Since Windmill did not specify some of the items in the miscellaneous category that other prospective bidders listed, I verified with Windmill that this price does include. the slab for the pump, the 2" sleeves specified in .addendum II 1, and it does include the FPL hook-up charges. __;Ji 1.'1t '. , - .. - I-< 3: .... .... .... .... -.0 co -..J 0"- l/1 -I'> VI N .... ~ 1> VI N .... 0 . :ll:f'T'I ::0 3: () I VlN ....N Vi.... Vi.... ........ O"-Vi N.... ....::0 ::0::0 ,-..::c ....::0 ....::0 -1'>::0 0 N 0"- l/1 : -I'> 0 : . , 1> ()1> -..J1> -..J1> l/11> l/11> f'T'I -..J l/1.... 0 0.... 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I,," '. - MEMORANDUM - - TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM :It 9A - MEETING OF APRIL 14. 1992 REPORT OF APPEALABLE LAND USE ITEMS DATE: April 10, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period March 23, 1992 through April 10, 1992. The following actions were considered during this reporting period: Planning and Zoning Board did not consider any appealable land use items during this reporting period. Site Plan Review and Appearance Board: -Approved the architectural elevations (awning additions) at Shoney's Restaurant. -Approved the architectural elevations and landscape plans associated with new model additions at Sherwood Forest. -Approved the architectural elevations and landscape plans in conjunction with a 688 square foot building addition to Cason United Methodist Church. Historic Preservation Board: -Granted a Certificate of Appropriateness in conjunction with the construction of a planter box on the west facade for Renaissance Dental Studio. -Granted a Certificate of Appropriateness for a color change to the building awnings for the Boyd Building. A detailed staff report is attached as backup material for this item. , . " ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: QD T. HARDEN, CITY MANAGER V O~J ~C~c<:.~/ THRU: .... D)w-ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING !::In",-- ~ FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF APRIL 14, 1992 REPORT OF APPEALABLE LAND USE ITEMS MARCH 23, 1992 THRU APRIL 10, 1992 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of March 23, 1992, through April 10, 1992. 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. M' '. . City Commission Documentation Report of Appealable Land Use Items March 23, 1992 thru April 10, 1992 Page 2 PLANNING AND ZONING BOARD MEETING OF MARCH 26, 1992 No appealable items were considered by he Board. However, the following agenda items which were considered by the Board will be forwarded to the City Commission as a separate agenda items * Plan Amendment 92-1; Future Land Use Map Amendments; Associated Rezonings; Policy and Text Amendments. * LDR Amendment re "The Newsrack Ordinance" SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF APRIL 1, 1992: 1- Approved the architectural elevations (awning additions) at Shoney's, located on the north side of SE 10th Street, between the Federal Highway pairs (Vote 6 to 0). 2. Approved the architectural elevations and landscape plans associated with new model additions at Sherwood Forest, located south of Atlantic Avenue, west of the Hamlet Subdivision (Vote 7 to 0). 3. Approved the architectural elevations and landscape plans in conjunction with a 688 sq. ft. building addition at Cason United Methodist Church, located at the southwest corner of Lake Ida Road and Swinton Avenue. The site plan was approved as a non-impacting modification (Vote 7 to 0). No other appealable items were considered by the Board. However, the following agenda item required Board action: * Approved the business sign for Top Dog, located at 1601 SW 10th Street. HISTORIC PRESERVATION BOARD (HPB) MEETING OF APRIL 1, 1992 1- Granted a Certificate of Appropriateness in conjunction with the construction of a planter box on the west facade for Renaissance Dental Studio at the northeast corner of NE 2nd Avenue and 5th Street (Vote 7 to 0). 2. Granted a Certificate of Appropriateness for a color change to the building awnings for the Boyd Building, located south of Atlantic Avenue, between the Intracoastal Waterway and Palm Square (Vote 4 to 3). . . . City Commission Documentation Report of Appealable Land Use Items March 23, 1992 thru April 10, 1992 Page 3 No other appealable items were considered by the Board. However, the following agenda item required Board action: * Certificate of Appropriateness in conjunction with construction of a single family residence at 310 BE 7th Avenue. RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Map JA/Y/CCAPPEAL.TXT ,.. ,. .. ,. .. LOCATION MAP FOR CITY COMMISSION MEETING OF APRIL 14. 1992 L-.JCI CAIW. WCE IDA ROAD I J I @ SWZST ~ ~ I ! . . II II I LOWSON IOULEYAIID I UMTON IOULEYAIID I o~ ~ L-JI CANAL S.P.R.A.B. ITEMS: 1. - SHONEY'S N 2. - SHERWOOD rOREST 3. - CASON WETHODIST CHURCH - H.P .B. ITEMS: CITY OF DELRAY BEACH. FLORIDA A. - RENAISANCE DENTAL STUDIO PLANNING DEPARTMENT B. - BOYD BUILDING 1<;" ,. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER or1 SUBJECT: AGENDA ITEM it Ll · 13. - MEETING OF APRIL 14. 1992 APPEAL OF HISTORIC PRESERVATION BOARD DECISION/310 N. SWINTON AVENUE DATE: April 10, 1992 We have received an appeal of the Historic Preservation Board decision denying a six foot chain link fence and driveway gates at a single family residence located at 310 N. Swinton Avenue, in.the Old School Square Historic District. The applicant constructed this fence and driveway gates without a building permit and Certificate of Appropriateness. Pursuant to the Historic Preservation Design Guidelines, chain link fences are inappropriate with Historic Districts. At their March 18th meeting the Historic Preservation Board considered the application for a Certificate of Appropriateness for the fence. A motion to deny the COA did not pass on a 2-2 vote. The Board then approved a motion to modify the COA and allow the side portions of the fence to remain; but to require that a four foot high wood fence and gates be installed by a 4-0 vote. The applicant feels that removal of the six foot chain link fence and replacing it with a four foot wooden fence would not provide the security that he needs; and thus has submitted an appeal of that decision. Additionally, the applicant has indicated that he is willing to cover the front portion of the fence with wood in order to meet appearance criteria. Alternative actions are fully described in the Director's Report, a copy of which is attached as backup material for this item. Briefly they include: a) reject the appeal and remand to the Historic Preservation Board b) overrule the Historic Preservation Board and allow the existing s~tuation to remain c) overrule the Historic Preservation Board but require some mitigation Recommend consideration of an appeal from the property owner at 310 N. Swinton Avenue. ., '" , . C I T Y COM MIS S ION DOC U MEN TAT ION TO: D T. HARDEN, CITY MANAGER ~~~ FROM: D. VACS, DIRECTO DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 14, 1992 CONSIDERATION OF AN APPEAL OF HPB ACTION PERTAINING TO A CERTIFICATE OF APPROPRIATENESS IN THE OLD SCHOOL SQUARE HISTORIC DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of reversal of the Historic Preservation Boardls (HPB) decision to deny a Certificate of Appropriateness (COA) to allow a six foot high chain link fence and driveway gates at a single family residence located at 310 N. Swinton Avenue, Old School Square Historic District. The appeal has been filed by the applicant, Dean Hoffman, owner of the property. BACKGROUND: In February of this year, a six foot high chain link fence and double chain link driveway gates were installed at this single family residence without a building permit and without COA approval (note: the fencing along the north property line existed previously; the illegal fencing runs parallel to Swinton). (See an attached exhibit for the location of the fencing.) The applicant was cited by Code Enforcement for construction without a permit. He then proceeded through the review process. Pursuant to our Design Guidelines (excerpt attached), chain link are deemed "inappropriate for any historic site". The design guidelines do allow for use of green stained chain link with complimentary hedging in rear yards, not visible from the streetscape". This site has been designated as "contributing" (per OSSHAD Designation Report). ., .. 'City'Commission Documentation Appeal of HPB Action COA in the Old School Square Historic District Page 2 The applicant went before HPB at its meeting of March 18, 1992. The alternative actions presented to the Board included: ( 1 ) Deny the application and require that the front fence and gates be removed (side fencing would remain since it was previously existing), or (2 ) Approve the COA with the following modifications: ( A) Cover the chain link front fence and gates with wood facing; (B) Paint the wood facing, color to be specified by HPB; (C) Require that appropriate landscaping be planted and maintained in front of the fence. The Board first had a motion to deny the COA and require that the fence be removed. The vote was 2-2. A new motion called for allowing only a four foot high, wood fence, with gates parallel to Swinton. This motion passed on a 4-0 vote. BASIS OF APPEAL: The appeal letter (copy attached) cites the following reasons as a basis for the appeal: ( 1 ) A front fence six feet in height has been allowed in the Old School Square Historic District - reference Ann's Dog Grooming. ( 2 ) For security purposes a six foot high fence instead of a four foot high fence is needed. ( 3) The applicant is willing to provide wood facing for the fence and gates. OTHER CONSIDERATIONS: Apparently, at the HPB meeting there was discussion about the height of fencing. There is a proposal that fencing be limited to four feet high in front yards. In that the location of this fence is more than 601 from the street, it would not be considered as being a front yard fence. The fence at Ann's Dog Grooming is a wood fence (as opposed to chain link). It is normally inappropriate to act on a Board created modification without the applicant's consent to the modification. ., .. City'Commission Documentation Appeal of HPB Action COA in the Old School Square Historic District Page 3 ALTERNATIVE ACTIONS: ( 1 ) Overrule the HPB action (of denial of the request) and allow the chain link fence to remain as existing. ( 2 ) Uphold the HPB action of "non-approval" (thus, no COA is to be issued) and direct the applicant back to HPB if he desires to pursue alternative fencing. ( 3) After consultation with the applicant, determine if he wishes to modify the application to either of the following (or some other alternative): (a) (Design Guideline Solution): installation of wood facing on the front of the chain link fence and gates, with the following provisions: * that the wood facing is painted white to match the house, and * that appropriate landscaping be planted and maintained in front of the fence. (b) (New Material Solution): removal of the chain link and install a 6' high wood fence, painted to match the house. RECOMMENDED ACTION: Commission discretion. Attachments: * Appeal Letter * Design Guideline Excerpt * Survey * Photographs , '. . TO: City of Delray Beach FROM: Dean A. Hoffman 310 North Swinton Ave. Delray Beach. Florida 33444 SUBJECT: Appealing the decision of the Preservation Board of the O.S.S.H.A.D.. Refusing a permit to construct a 6 FT chain link fence. This fence that is being appealed is attached to an existing fence, that runs along the souths ide of my home. The fence is mainly for security purposes, and a determent to neigtlbofltood.crilJl~. While attending the meeting, the boara wa~ a~je8able to thl.5 untili. a one person a Cecil (Sandy) Jameson came up wi l [1 d. 6 1 t . fence would se t prececlellt 11 the future. upon investigation I found that a 6 ft. fence nad been l.nstalled at 302 :\l.E. J r c Streel-,', This iSh8 Place of p..ussiness that is called Ann's Grooming. ltus rence . ch.a...H ~. t'.i8 - e'! c. AI €,JW h 6 f wooden gate HIS taIled on a chair. ll.lIk 1 S n 1 3. t 19 g as at. gate, with the chain linK facing the outside or N.E. 1 S t Ave. All the board offered me was a 4 ft.wooden fence across the side of my home going north to the south corner post. The board agreed that the 6ft. chain link fence that I installed going from that corner post going west to the existing 6ft. chain link fence was approved by the board. I have agreed to cover the front with wooo to Keep tne appearance that the O.S.S.H.A.D. wants. The 4ft. fence that the board will approve wot:.lcl not provide me the security that 1 nbed. ~ly houso nas l:JIOKen l. [1 to twice, 8.nel I cannot keep nothing nice. like lawn chal.fs and other valuables in my back yarcl. With th.i s highe r fence it would be a lot harder to throw things over the fence. The surveyors plans are WIth Pat l.ayct:: ilt elt)' 11&.1.i.. Sincerely RECEIVED <3 /a/ /9~ Dean A. Hoffman cnv CLERK '. .. '-0 'T ~ ~ 0 '"' 0 t:: S 0 c: 2: s ::l "" '", V'l .~ 1:Jvi~ c:-- "" c: 'S . '"' c: ...::cE~ .\:: '"' ::l '-Cio -0<1)-0 1l'~ '0 .S .~ ~ 0.0 a2t.S (lJ'~ - ~ .".:::..r:: ~ '"' ..r:: '"' -- s - "" - .!:!!..r:: <1) -' Q'".::: 'D ..r:: 0 s.- tlll,-",o.. 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SWINTON. <>- WOOD POWER POLE lWO. P.P.l ELEVATION = 20.77 ~ CONCRETE POWER POLE "CONC. P. P) . PERMANENT CONTROL POINTIF.:::.I';) @ PERMANENT REFERENCE Mor4UMENTIP.R.M.) ELEVATIONS BASED,ON N.G.V.D. AND SHOWN THUS \.0 REVISIONS DATE BY CKID FLOOD ELEVATION INFORMATION COMMUNITY No. IZS/OZ- DATE OF FIRM '/<;/8' . BASE FLOOD ELEV. - FIRM ZONE 0)/" LOWEST FLOOR ELEV. '21(.5 PANEL No. ('JDOZ- . AVG. SITE GRADE - SUFFIX " 0" JOB NO. "'1'2. o<;'''{ DATE: DRAWN BY: CHECKED BY: F.B./PG/ FILE NO. n. o~, '2/2/''12 )L QL qt. lot a, ,,, '0 . . . . '~1.~ ,""'\1 P- r:.\ 11, ~~t '~;;; ,; 1 " '&r.1ii . April 3, 1992 Mr. Dean A. Hoffman 310 North Swinton Avenue Delray Beach, FL 33444 Re: Appeal of Historic Preservation Board Decision/COA 8-175; Chain Link Fence in Front Yard at 310 North Swinton Avenue Dear Mr. Hoffman: This is to acknowledge receipt of your letter of appeal with respect to the action taken by the Historic Preservation Board on the above referenced matter at the meeting of March 18, 1992. Pursuant to Section 2.4.7 of the Land Development Regulations, the appeai was received in a timely manner by the Clerk's office on March 31, 1992. Please be advised that the matter will be scheduled for consideration by the City Commission at the regular meeting to be held on Tuesday, April 14, 1992. The meeting will begin at 6:00 P.M. and will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. You may wish to check with my office prior to the April 14th meeting to determine the item's standing on the agenda. Should you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, Olwon ~~!/aliy Alison MacGregor Harty City.Clerk AMH/m cc: Diane Dominguez, Planner III Cheryl Leverett, Agenda Coordinator ,..... . - . TO: City of Delray Beach FROM: Dean A, Hoffman 310 North Swinton Ave. Delray Beach, Florida 33444 SUBJECT: Appealing the decision of the Preservation Board of the O.S.S.H.A.D., Refusing a permit to construct a 6 FT chain link fence. This fence that is being appealed is attached to an existing fence, that runs along the souths ide of my home. The fence is mainly for security purposes, and a determent to neighborhood-crlme. While attending the meeting, the boara wa~ agieeable to thIS untill a one person a Cecil (Sandy) Jameson came up wi 1f! d. 6 It. 1~nc~ would set precedel!t lr the future. upon investigation I found that a 6 ft. fence nad been Installed at 302 N.E. 3rc Streel', ThiS~Jt~ Place of p.ussiness that is called Ann's Grooming. 1hlS renee . c..h.a...H ~. ~ c.., ! 6 A/ € J--g? h 6 f wooden gate HIS talled on a chair. llllk 1 S n I a t 19 g as at. gate, with the chain linK facing the outside or N.E. 1st Ave. All the board offered me was a 4 ft.wooden fence across the side of my home going north to the south corner post. The board agreed that the 6f 1. chain link fence that I installed going from that corner post gOing west to the existing 6ft. chain link fence was approved by the board. I have agreed to cover the front with WOOel to Keep the appearance that the O.S.S.H.A.D. wants. The 4ft. fence that the board will approve wotllcl not provide me the security that 1 nbed. ~ty house l1as ulOKen lr! to twice, ancl I cannot keep nothing nice, like l.awn chell r s and uth~r valuables in my back yarel. With this higher fence it would be a lot harder to throw things over the fence. The surveyors plans are WIth Pat cayce at Clt)' Hall. Sincerely RECEIVED 3/at/9.;;l.. Dean A. Hoffman CITY CLERK '.'11 . . ' . - JOHN R. LITTON . PROFESSIONAL LAND SURVEYOR 118 N.E. 16TH COURT (407) 276-7575 DELRA Y BEACH, FLORIDA 33444 E E :""'~I~liAcr-E I.~ . "0."3. wooO STOR, SHED '=NO.I.~. ..L6t.. ~ ~NO I~. ~ ~'~ t-c:.AP --- - - 100,00' (M) 1,'11'0/$ ~S .. "'Z ~ ~III ~ ~ 4.z' 0..' z I STY ':'>~ 2 .. FRAME: .....-!.........:.>O d...4.- ~ ~ ~ R ~'S\DENCt lc ..1 2 .) -z..... -S; ~! PF fIL," cl.,5 ~~ ~ '-~Q/ -rY' ~C .; . ~ <~ (::,,,1' >~<>:>- <>. ..... it G~ ' ............... - .........o>~ ~ ,~I.;. [,J :J -..,y 1- _ u 'j) -~ ~t v f:J . i.:' vJ ~ .:: ~ ~ ~ '" 1,1 r. ".. - ~4i '0 ;: i. '-'0 l\l ole:' ~ N , -- g-~ '" 'Q;' e 8"1 - v "/S '0:. 'B o .' o 0- llOlri ~ <:. lricO i<'l . '1"1 3- -In z- ~ "- "" t- ~ 1;'- -:f- /I,of,&. 4 46-'l.U:. 0 r... C"'".:K. tf-ILf Q.".-..,,,-, ~,""'~ G: ~ ,-;-,{ WD().f> r- I~ f , 1ep.~, . "'AIL.. S .00.' oo'.OO"w. I JZ7."IS'(M) 5"0,00' (M)"'CR) I 2'\-' A5f'HAL.T ~ f~~ , r>I'>VMT, I ~ -<t '/,\. ;Z\:'> - - SW I NTON AVENUe SCALE: ('..eo' SHEET e OF e SHEETS LEGEND' BENCHMARK REFERENCE' @ MANHOLE (M.H.) U FIRE HYDRANT (F. H.) "0-33" AN "X" CUT a CATCH BASIN (C.B.) o WATER METER (W.M.) IN CONC. f-ANCHOR a GUY iii CABLE T.V. (CA.T.V.) S/W AT THE INTERSECTION OF o IRON ROD a CAP (I.R.llC.) . TELEPHONE (TEl-E.) N.E.2ND STR. AND N. SWINTON. -0- WOOD POWER POLE (WO. P.P.l ELEVATION = 20.77 4 CONCRETE POWER POLE ,'CONC. P P.) . PERMANENT CONTROL POINT (F.:.I'.) @ PERMANENT REFERENCE MOI4UMENT(P.R.M.) ELEVATIONS BASED ON N.G.V.D. AND SHOWN THUS \.0 REVISIONS DATE BY CK'D FLOOD ELEVATION INFORMATION COMMUNITY No. Ic.S IOZ. DATE OF FIRM 110;;/8' BASE FLOOD ELEV. - FIRM ZONE (t X' p LOWEST FLOOR ELEV. "21,(,5 PANEL No. (JDOZ- . AVG. SITE GRADE - SUFFIX "0" JOB NO. Gf-;? 0..'; DATE' DRAWN BY: CHECKED BY: F.8./ PG/ FILE NO. 1Z-. 0 t;" ?oj 2/<12 )L 'DL "1('/01 a, ,'- I',", . . . ~ .. JOHN R. LITTON . PROFESSIONAL LAND SURVEYOR 118 N.E. 16TH COURT (407) 276-7575 DELRA Y BEACH, FLORIDA 33444 BOUNDARY SURVEY LEGAL DESCRIPTION THE SOUTH 50.0' OF THE NORTH 250.00' OF THE EAST 135.00' OF THE SOUTH i OF BLOCK 57, AS RECORDED IN PLAT BOOK 1. PAGE 3, PALM BEACH COUNTY PUBLIC RECORDS, PALM BEACH COUNTY I FLORIDA 1.l.J '7 N' I..Il.,K~ 101-\ " 1<'01\ D t J ~ 'Suf?'/E'I ~ 'Z NT'S. LOO"IOU 3 V1 "-I W '3 RD 5TR NE 112.D snz. z ABBREVIATIONS AOJ -1Il0J,It,CEHl EL .. ELEVATION PCP - peRMlIlNENT CONTROL AlC - AIR CONDITIONER FE - FLOODPLAIN eASE'-lENT POINT SLAB " - FINISH flOOR P. M - PERMANENT REFERENCE BM - BENCHMARK 'NO - FOUND MONUMENT Be. - 8ROWAAO COUNTY GA. - aA,AAGE (P) - PLAT RECORDS INV - INVERT PB - PLAT BOOK (e) - CALCULATED ". - IRON ROO PC - POINT OF CURVATURE C.FT - CALCULATED FIELD Lwe - LAKE MAINTENANCE EASEMENT P, - POINT OF INTERSECTION TRAVERSE LAE - LIMITED ACCESS EASEMENT P.C - POINT OF REVEASE eE - C",NAL EASEMENT Lf - loweST FLOOR CURV"'''URE eME - CANAL MAINTENANCE MAIHT - MAINTENANCE PT - POINT OF TANGENCY <i - CENTERLINE ME - MAINTENANCE EASEMENT t - PROPERTY UNE CH - CHORD ,M) - MEASURED .,w - RIGHT OF WAY CBS - CONCRETE BLOCK N'O - NAIL AND DISK REE - ROOF ENCROACHMENT EAseMENT STRUCTURE NO.VO - NATIONAL GEODETIC (. ) - ~ECORD COL - COLUMN VERTICAL DATUM SiW -SIDEWALK CONe - CONCRETE N.T,S - NOT TO SCALE STY - STOR'\" DE - DRAINAGE eASEMENT 0'" - OFF SET TO B - TOP OF 8ANK o U &. M E - DRAINAGE... UTILITY 'l. - ON LINE UE - UTILITY EAseMENT AND MAINTENANCE OPT - OPTIONAL UEA - U nun eA.SEMEN r AccESS EASEI\i4ENT PG - PAGE U &. M E - UTILITY AND Eswr - EASEMENT PBeR - PALM BEACH COUNTY MAINTENANCe EASEMENT E'P - EDGE OF PAVEMENT RECORD E.O.'N - EDGE OF WATER PAV.....t - "",V'EMENT ADDRESS: 310 NORTH SWINTON AVENUE THE BEARINGS ON THIS SUR- DELRAY BEACH, FLA 33444 VEY ARE BASED ON THE WEST CERTIFIED TO: RIll' LI NE OF N. SWINTON I) DEAN HOFFMAN 2) 5) SHEET L OF 2- SHEETS NOTES: DATE OF LAST FIELD WORK: :1./, 1) LANDS SHOWN HEREON WERE NOT I HEREBY CERTIFY THAT THE SURVEY SHOWN ABSTRACTED FOR EASEMENTS, OWNERSHIP AND/OR RIGHTS' OF . WAY OF RECORD. HEREON COMPLIES WITH THE MINIMUM 2) NO UNDERGROUND OR INTERIOR TECHNICAL STANDAIRDS FOR SURVEYS AS IMPROVEMENTS WERE LOCATED EXCEPT CONTAINED IN CHAPTER :/.'1HH-6, FLORIDA AS NOTED. 3) LEGAL DESCRIPTION AS SUPPLIED ADMINpTIVE ~. BY THE CUENT. / / / .4~ ,,/4/Q2 ~ESSIONAL LAND SURVEYOR DATE FLORIDA REGISTRATION No."'3-4-'7 . REPRODUCTIONS OF THIS SI(ETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. JOB NO. <1Z-0S., IDATE: Z/Z/'TZ- DRAWN BY: ICHECKED BY: IF.B./ POl FILE NO. "fZ-OS., I JL 1:><-- "'1-101 'z ~'3 .........-- IHIt .. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!.J,r1 SUBJECT: AGENDA ITEM :It 9C'... - MEETING OF APRIL 14. 1992 APPEAL OF HISTORIC PRESERVATION BOARD DECISION/THE PATIO SHOPPES DATE: April 10, 1992 At the March 24th regular meeting Dr. Alperin raised an appeal of the decision made by the Historic Preservation Board with regard to the approval of the site plan for The Patio Shoppes. This appeal was based upon the access issue surrounding the site. We have also received a letter of appeal from the Palm Square - Marine Way Homeowners Association. The basis of the Association's appeal is that the Historic Preservation Board did not fully address potential problems with regard to parking, valet parking and size and seating limits within the proposed restaurant. The development proposal for this .665 acre parcel includes the construction of two structures connected at the roo f , totalling 11,736 square feet on the site of the former Patio Delray Restaurant. The applicant states the uses include shops and a restaurant, with one outdoor patio seating area and offices or studios on the second floor. The ingress/egress to the site is from Palm Square. The parking lot accommodates 41 parking spaces. A six foot solid masonry wall with associated landscaping will be provided along the west and south property lines. There appears to have been some confusion at the Historic Preservation Board meeting with respect to how the potential for closure of Palm Square related to the site plan consideration. The action of the Board was without any conditions pertaining to the closure. The Commission will need to address whether or not the site plan approval is conditioned upon closure or partial closure of Palm Square; whether or not Patio Shoppes will be obligated to a future connection to 7th Avenue; and whether or not the site plan was adequately addressed as pertains to the items brought forward by the Palm Square - Marine Way Homeowners Association. Additionally, the Board recommended approval of a waiver for reduction of the perimeter landscaping buffer along the west property line adjacent to the north parking area from five feet to four feet. This item also needs to be addressed. A detailed staff report is attached as backup material for this item. .. .1 ,L..,.I"-- :' /'t I . {~1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HJ~E~' CITY MANAGER D.JS..J '^. ~UO.t'-~ FROM: 10 J. KOVACS, DIR~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 14, 1992 CONSIDERATION OF APPEAL OF HISTORIC PRESERVATION BOARD ACTION ON THE SITE PLAN FOR THE PATIO SHOPPES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of considering an appeal of site plan approval granted by the Historic Preservation Board. The appeal involves "The Patio Shoppes". A proposed retail / office / restaurant development at the southwest corner of Atlantic Avenue and Palm Square. The site is within the Marina Historic District. The appeal was formally made by Commissioner Alperin at your meeting of March 24th. Also, a letter requesting an appeal was filed by ~rs. ftlley (copy attached). ~ 'Pa1-~-M~W~ l-l.o.A. f1I BACKGROUND: Included with your packet is the staff report which was prepared for the Historic Preservation Board (HPB). There appears to have been some confusion with respect to how the potential for closure of Palm Square related to the site plan consideration. The action of the Board was l~ . without any conditions pertaining to closure i.e. the project can proceed without any mitigation of traffic southbound on Palm Square. From the record, the above position may, or may not have been, the intent of the Board. The Board did add a "caveat" to their action noting that the site plan is subject "to any conditions imposed by City Commission as they pertain to the closing of Palm Square". In separate correspondence (copy attached), the City Commission did receive from Burt Handlesman (the applicant) a letter in which he stated II infringement of our property lines is not something we will permit or tolerate ...". Also, as a part of the agent's presentation, it was explained that if an accessway were desired from Palm Square to 7th Avenue, it could be accommodated in the design. However, there are no provisions as to responsibility and obligations regarding dedication, condemnation, acquisition, site plan modification, or construction of such a connection. ., City Commission Documentation Consideration of Appeal of Historic Preservation Board Action on the Site Plan for The Patio Shoppes Page 2 eJI. d'k ~e.o WiIf..l.& Ikt.. ~ Attached is a letter from U__. llil_y in which she raises concerns with the site plan and the Boardls consideration of it. Please refer to her letter for details. Finally, as a part of the HPB action, they recommended the granting of a waiver for relief from landscape requirements as they pertain to the required buffer along the west property line adjacent to the north parking area. The provided landscape area is four feet; whereas, the requirement is five feet. ITEMS TO BE ADDRESSED: 1. It needs to be clear as to whether or not the site plan approval is conditioned upon closure or partial closure of Palm Square. (a) If it is not, the project should be allowed to proceed to the next stage of permitting. (b) If it is, a condition should be imposed that "provisions shall be made for the (complete) (partial) closing of Palm Square concurrent with initiation of construction, if not sooner; and that, prior to submission for building permits, a site plan modification shall be provided, and processed through the HPB (P&Z) to accommodate such closure or partial closure. Further, the Patio Shoppes development shall be responsible for all improvements on, or adjacent, to its boundaries which are associated with the closure or partial closure." 2. It needs to be clear as to the obligations, if any, upon the Patio Shoppes regarding a future connection to 7th Avenue. (a) If there are to be none, the record should be clear to that effect. (c) If there are to be obligations, the following should be considered as additional conditions: * that provisions be made that upon request from the C.R.A., or the City, the right-of-way or easement necessary to accommodate traffic movements from Palm Square to 7th Avenue as it traverses this property shall be dedicated without payment. '1 .. City Commission Documentation Consideration of Appeal of Historic Preservation Board Action on the Site Plan for The Patio Shoppes Page 3 * that provisions be made that the owner of this property shall, at his expense, make alterations to the site plan and in the field to relocate the dumpster area and adjust parking and landscape areas to accommodate the travelway. Note: It is assumed that construction of the travelway itself will be an expense of the CRA or the City. <1\..0.. I~()(JJW.I.J ~ ~ IL 3. Points raised by l-!r..- IUlwY -- it appears that the items which apply to the site plan were adequately considered by the HPB either through testimony or in the staff report. There was no discussion of valet parking as a part of the site plan submittal. 4. The landscape waiver needs formal action. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not formally reviewed this since the site plan approval rests with the HPB. However, the City Commission has referred the subject of possible closure, or partial closure, to the P&Z Board for review and recommendation prior to the commencing of a "trial closure" period. The Board will consider this item at its May meeting. RECOMMENDED ACTION: Consider the matter of relationship of the approval to access along Palm Square. Make a specific action. Consider the matter of obligations in the event that a connection to 7th Avenue is desired at a later date. Make a specific action. Approve the landscape waiver as recommended by the HPB. Attachment: * Letter of March 13, 1992, from Burton Handlesman under the letterhead of Love Realty, White Plains, N.Y. * Appeal letter of March 23, 1992 from the Palm Square - Marine Way Homeowners Association (Riley/Roberts/Bowen) * HPB Staff Report & Documentation of March 18, 1992 DJK:T:CCPATIO.DOC ., ., via Fax: 407-243-3774 ~ ;;'1/ u,.U,c u.s. Mail ~~ oCove [Realty - \'a\w S,,\,... .9 Ll. ~ew;,~'" ~~ ~ RS ~~ ~/ .A: ~ /(}~(}J A1~^ CE2IV~O ~ /9/ CITy 1,f. '992 r.4NAGER'S March 13, 1992 OF~Cf ~ If''-:-''~ .....,.,'" t. , '.\,. ,I, ' ~\.---r"',\\ .,' , t') .1.0 h.....;~ U ~\ City Manager\, \.)- . Ci ty of Delray Beach ,~~ 1'0 \~~2. 100 N.W. 1st Avenue \#.~\t 14 . Delray Beach, FL 33444 lO~\~G . ,,~.NG &. Re: Palm Square rL"h ' _," .-,- -..- Gentlemen: -. It has come to my attention that the City intends to barricade a portion of Palm Square thereby restricting through traffic. If the intended barricades are placed where I have been led to believe they will, which is at the most southern line of properties owned by' Patio Associates on the west and Coastal Associates on the east, then traffic entering Palm Square from the north after the erection of the barricade will be forced to make a U-turn to exit. The street, being only some 20 feet wide will not accommodate a U-turn without crossing our boundaries. Infringement of our property lines is not something we will permit or tolerate and we ask that you notify the police department to keep traffic from completing turns on our properties. We are reluctant to build our own barricades and as the information concerning the proposed City plan has just reached us, we have not yet had a chance to review it or react to it in its entirety, nor have we had a chance to submit it to our legal department for evaluation. It seems to me that whatever the perceived problem is, it would have made more sense to have a workshop session be- fore taking the contemplated action. As our properties are directly involved in the Council action, it seems reasonable that we should have been invited to any discussions. We ask that you protect our property rights and respectfully suggest that you take no further action prior to hearing from .. . . ~ City Manager March 13, 1992 Page 2 our counselor before a meeting is held in which the workability of the contemplated plan can be discussed. ~trU1Y yours, _ ~~ :{,L'~ V'P c{.~~/~.~v' . Burton Handelsman ~/ BH/ja cc: Arthur J. Menor, Esq. Jeffrey Kurtz, Esq. City Attorney Via Fax: 407-278-4755 Dick Raab Via Fax: 407-276-5755 = " .. PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION DELRA Y BEACH. FLORIDA RECEIVED -3/ JJ-f I qd- q )~1. ~5PPArW:SQUARE CITY CLERK DELRAY BEACH. FL. H# JJ48J March 23, 1992 Mrs. Allison Harty City Clerk City Hall Delray Beach, Florida 33444 To the City Clerk: We of the above named organization would like to appeal the Historic Preservation. Board's recommendations made regarding the Patio Shoppes on March 18, 1992. The basis for our appeal is that the Board refused to recognize us to give any input during the discussion of the site plan. We feel the discussion was incomplete as the parking problem, including the valet parking problem, was not addressed~. The truck unloading discussion and the size of the restaurants ahd seating were likewise not discussed. We felt it was fair not to discuss the closing of Palm Square, as the Commissioners had already voted to do so. However, Sandy Simon was allowed to give his opinion. The Planning and Zoning Board was kind enough to notify the members of our organization of the meeting. Naturally we thought we would be allowed to make some comments. We ask that the City Commission hear this appeal. 7X::Lury. I Alieda N. Ril Y. c~ ~.fC ~'~L ames L. Bowen cc: Historic Preservation Board Planning & Zoning City Manager ., , HISTORIC PREf =RV A TION 801" RD :CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: March 18, 1992 AGENDA ITEM: 2 & 3 ITEM: Variance No. 88-25 & COA 8-172 - Patio Shop pes I - . I I I J \...L-l--J I I I , r--- ATLANTIC AVENUE I I JIl] []] I f--- .... . w w w -J > 0::: 'I( .... ~ V1 - (/) ~ I - (J -#f ~ - ~ w ~ ':l 2 +- ~I - N - > " I <( 0..1 I --- - I I GENERAL DATA: Owner.........................Patio Associates Limited Agent.........................Digby Bridges, Marsh & Assoc. Location............... .......On the west side of Palm Street, between Atlantic Avenue' and S.E. 1st Street. Property Size.................0.665 Acres City Land Use Plan............Commercial Core & Medium Density 5-12 du/acre City Zoning...................CF (Community Facilities) and caD (Central Business District) Adjacent Zoning.............. .North: caD East: RM, CaD, and CF South: RM and CBD West: RM and CBD Existing Land Use.............Vacant Proposed Land Use.............Construction of a 11,736 sqft. commercial building. Water Service.................Existing 8" water main along the north side of Atlantic Avenue, and an existing 2" line along Palm Street. Sewer Servlce.................Exlsting 20" sanitary sewer line along Atlantic Avenue, and an existing 8" line along the rear of lots 4,5,6,7 and 8. ., , ' - I T E M B E FOR E THE BOA R 0: The item before the Board is that of consideration of the following aspects of a development proposal for the Patio Shoppes: * Variances (#88-25) * Site Plan * Landscaping * COA 8-172 * Architectural Elevations The subject property is located on the west side of Palm Square, between East Atlantic Avenue and S.E. 1st Street, within the Marina Historic District. B A C K G R 0 UNO: Lots 42 and 43 once contained a residential structure. In 1979, the structure was damaged by fire and was subsequently demolished. Since then, these two lots have remained vacant. Lot 44 contained a portion of the parking lot associated with the Patio Delray Restaurant, which was located along Atlantic Avenue. In 1986, a site plan and conditional use request was submitted to the City. The site plan proposed to renovate and convert the existing 11,434 sq. ft. restaurant into a 12,046 sq. ft. three story structure containing a mix of a restaurant, retail shops and offices. The conditional use request was to allow associated parking on lots 42 and 43, which were zoned RM-10. At its meeting of April 14, 198-6 , the Planning and Zoning Board recommended approval of the site plan and conditional use request for Patio Delray subject to conditions. During the meeting there was lengthy discussion with regard to the traffic and parking situation. At the City Commission level, discussions continued with respect to alternatives to provide the required parking. The i tern was then referred to committee and there is no record of any disposition. In 1989, the restaurant was demolished after being damaged by fire. At its meeting of February 25, 1992, the City Commission approved a conditional use request and rezoning from RM (Medium Residential) to CF (Community Facilities) to allow a parking lot. The parking lot is to be utilized in conjunction with the Patio Shoppes. The attendant site plan is now before the Board for final action. The final action involves variances and waivers which include the following: HPB Staff Report Patio Shoppes Page 2 Variance: * Section 4.4.21(H) CF Zone District, within the front yard setback and any street side setback area, the first 10' abutting the right-of-way shall be a landscaped area. The applicant is providing 5 I instead of the required 101 setback. * Section 4.6.4(E) Where CF Zoning abuts residential zoning a minimum of 10' landscape area shall be provided. Along the west property line only 8' has been provided. Along the east property line only 51 has been provided. Waivers: * Section 5.3.1(D}(2), 60' of right-of-way is required for a Local Street. Reduction in right-oi-way from 601 to 401 for Palm Square. . Section 6.3.1(B), Sidewalks for commercial purposes are required to be 5' in width. Reduction in sidewalk width from 5' to 41. PRO J E C T DES C RIP T ION: The development proposal is to construct two structures connected wi th the roof, totaling 11,736 sq. ft. on the site of the former Patio Delray Restaurant. The applicant states that uses include shops and a restaurant on the first floor with one outdoor patio seating area for the restaurant and on the second floor are offices or artist studios. The ingress/egress to the site is from Palm Square. The parking lot accommodates 41 parking spaces .. Along the west and south property lines, a 6 ' solid masonry wall will be provided along with associated landscaping. SIT E P LAN 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. '1 HPB Staff Report Patio Shoppes Page 3 Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. A portion of the property (Lots 42,43 & 44) has a CF zone designation. CF (Community Facilities) is deemed compatible with all land use designations shown on the Future Land Use Map. The balance of the property is zoned CBD (Central Business District) . CBn is deemed compatible with the Commercial Core designation on the Future Land Use Map. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water: Water service to the site exists via a 2" main located along the east side of Palm Square and an 8" main located along Atlantic Avenue. The 2" main extends from S.E. 1st Street and terminates 1001 south of Atlantic Avenue. The 2" main is not sufficient to provide adequate fire suppression to the site. The upgrading of the 2" main to an 8" main will be required. There was a proposal to extent the main with the Brandy's site and development plan. However, that was deferred until there was a need to provide fire suppression. The proposed main extension and fire hydrant associated with Brandy's will be installed as a part of this site plan action. The 8" main will run along the east side of Palm Square terminating north of the Brandyls entrance at a fire hydrant. A 2" domestic line will be extended west from the fire hydrant to service the proposed Patio Shoppes building. Sewer: An existing 8" sanitary sewer main is located along Palm Square and along the rear of lots 4,5,6,7,& 8 . No sewer main upgrading or extensions will be required with the overall development proposal. The survey provided does not indicate that there is a utility easement which covers the existing main. Drainage: Drainage will be accommodated on-site through the provision of an exfiltration system and swales. HPB Staff Report Patio Shoppes Page 4 Streets and Traffic: The preliminary traffic study indicates that the development meets concurrency. However, final approval will be required by Palm Beach County since the projected traffic volumes exceed 1,000 ADTs. The traffic study as submitted, indicates that there will be 188 trips utilizing the driveway during the peak hours. There appears to be a disparity between the number of provided parking spaces and what will actually be needed to handle the amount of traffic for the intended uses. It should be noted that parking requirements in the caD are generally less stringent than elsewhere in the City. This reduction is predicated upon the following: a) the availability of nearby public parking, b) the tendency of people who work downtown to walk to shopping located within a few blocks, c) a substantial amount of pedestrian traffic coming from business where the customer leaves their vehicle in one lot. There are several deficiencies in the traffic report and it will need to be corrected. The Director has allowed processing to continue even though the report has those deficiencies. Parks, Open Space Solid Waste: Commercial developments are not required to provide park dedication fees. A double wide dumpster has been provided to accommodate solid waste. A development of this size will have a minimal impact upon the land fills. Consistency: Compliance with the performance standards set forth in Section 3.3.3 along with the required findings in Sections 2.4.S(F)(S) (General Compatibility and Harmony with Adjacent Properties) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. Section 3.3.3 (Standards for Site Plan Actions): The applicable performance standards of Section 3.3.3 and other policies which apply are as follows: A) Building design, landscaping, and lighting (Glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to Traffic Circulation. The parking lot is designed in such a way that two dead-end parking bays are created. The parking area to the north has a potential for blockage of visibility. If the parking lot is full, a vehicle must back out in order to turn around. It may be " HPB Staff Report Patio Shoppes Page 5 appropriate to provide the handicap spaces at the west end of the parking lot for the purpose of a turn around, as these spaces would not be utilized as frequently. The parking area to the south is fairly short and does not appear to have the same visibility problems. B) Appropriate separation of travelways is made for vehicles, bicycles, and pedestrians in a manner consistent with objective 0-1 of the Traffic Element. The development proposal meets the above standard by providing a very pedestrian oriented development as it relates to Atlantic Avenue. An extensive sidewalk system is provided adjacent to Atlantic Avenue which traverses through the building to the rear parking lot. Also, the sidewalk is extended along the length of the east property line. There is a clear separation for pedestrians and travelways for vehicles. No provision has been made for bicycle racks. However, they would be appropriate being that it is in an urbanized area with a minimal amount of parking spaces. Accommodating such alternative means of transportation is encouraged. C) Open space enhancements described in Open Space and Recreation Objective B-1, are appropriately addressed. Objective B-1 states that "Part of the imagery of open space is that of vistas and streetscapes". The policies which accomplish this objective appear to apply to larger developments which can provide large open spaces and includes City street beautification programs. However, the Patio Shoppes development proposal meets this objective as well. Even though the City street beautification program is intended for "scenic drives" and pertains to the beautification of the medians, the proposal to extend the Atlantic Avenue streetscape interior to the site and along Palm Square which keeps within the theme of the street beautification program. Another policy which is "part of the imagery" states that new developments shall provide central focal points at entries and landscape buffers along the external streets which service them. The development proposal meets this criteria by providing an opening in the middle of the building where there is a view/vista to a fountain. In this case heavy landscaping is not prov ided, however, it is replaced with hardscape materials which is probably more appropriate given its location in an urbanized area. D) That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential area. '. HPB Staff Report Patio Shoppes Page 6 It was determined with the Brandyls site plan, that the widening of Palm Square to the standard 60' right-of-way section, would be detrimental upon the character of the residential area to the south. This would also hold true for this development proposal. Therefore, a waiver is being requested for the reduction of right-of-way to 40'. E) [Development of vacant land which is zoned for residential] This standard does not apply. F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations complementary to adjacent land uses. See discussion on page 5 of this report under Comprehensive Plan Policies which apply. G) [Demographic mix] This standard does not apply. Section 2.4.5(F)(5) (Site Plan Findings): Pursuant to Section 2.4.5 (F) (5) (Findings), in addition to provisions of Chapter Three, the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is located in the central business district. To the north, east and west are commercial developments. To the south and west of the south parking lot are residential uses. At the time of the conditional use request and rezoning for the parking lot, a determination was made that the CF zone district was a good buffer between the commercial uses and the residential uses. A parking lot is less intense than a commercial use abutting residential uses. The development should help as a catalyst for redevelopment in the CBD. The proposed development should attribute to an appreciation in property values in the surrounding area. Another aspect of compatibility involves congestion and traffic flows as it relates to this project. These items discussed in the following paragraphs: .. Conqestion: The traffic study as submitted, indicates that during the morning peak hours there will be a total of 115 trips per hour and the evening peak hours there will be a total of 188 trips per hour. ., HPB Staff Report Patio Shoppes Page 7 << Per the report, it can could concluded that the parking lot will be highly congested. However, staff feels there will be fewer vehicle trips than the report states, due to the availability of parking in downtown. Traffic Flows: Traffic through the residential area to the south has been an issue in the past. However, with this proposal, the restriction to make left turn movements on Atlantic Avenue has been removed. The removal of the sign is on a trial basis for one year. Also, at its meeting of March 11, the City Commission agreed to the closure of Palm Square with a turn-around on the Patio Shoppes property. See attached excerpt from the City Commission Documentation labled "Exhibit A". A positive finding can be made regarding compatiblity with adjacnet neighborhoods as long as the closure of Palm Square exists. Compliance with the Land Development Regulations: Item identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Parking: Parking required in the CBD is 1 space per 300 sq. ft. [REF. 4.4.13 (G)(l)]. There is a total of 11,736 sq.ft of gross floor area which would require 40 parking spaces. However, 41 parking spaces have been provided. In the Site Data there is 1,332 sq.ft called out for the sidewalk area, which is located adjacent to the patio shops under the . overhang of the second story. Since there is one additional parking space, 300 sq. ft. of outdoor dining area may be utilized. If the applicant wishes to increase the outdoor dining, it would require one of the options identified in the attached memo from Diane Dominquez. Pursuant to Section 5.3.1(D)(2), 601 of right-of-way is required for a local collector street. Palm Square has an existing right-of-way of 40' . With the Brandy's proposal, this item was addressed and was determined to create a more non-conforming situation with Brandy's. Therefore, the City Engineer was in support of the reduction in right-of-way. The applicant is requesting the same reduction for the Patio Shoppes. The HPB has the authority to waive this requirement. Along with the reduction in right-of-way width, the applicant is requesting a reduction in the required sidewalk width from 5' to 41 [REF. 6.3.1(B)]. It is appropriate to provide the 4' width in that it provides additional sodded area between the edge of pavement for Palm Square and the sidewalk. This area can be utilized for drainage purposes. HPB Staff Report Patio Shoppes Page 8 It may even be appropriate to eliminate the sidewalk from the edge of the parking area south. With the Brandy's proposal the sidewalk requirement was waived. The Board may wish to discuss this at further length at the meeting when the applicant is present. Setbacks: Within the area encompassed by the boundaries of the DDA (Downtown Development Agency) , there is no required front, interior, side or street side setback. If there is no dedicated access to the rear of the building, a 10' setback is required [REF. 4.4.13(G) (2)]. The building setback provides a zero setback to the front, side interior and side street with access to the rear of the building. Therefore, the development proposal meets this requirement. Pursuant to Section 4.6.4(E), where a CF zone district is adjacent to a residential district, whether separated by a street or alley, a special district boundary treatment is required. A landscaped setback of 15' ; or a landscaped setback of 10' and either a six foot solid masonry wall or continuous hedge at least 4 1/2' in height is required. The site plan indicates: * a 101 landscape setback with a 6 · solid masonry wall will be provided along the south property line; * an 81 landscape setback with a 6 · solid masonry wall will be provided along the west property line adjacent to the residential property, and; * a 51 landscape strip will be provided along the east property line (frontage along Palm Square). With respect to the west property line, the reduction of the landscape area by 2 ' will not be a concern as a wall will be provided on the property line. Along the east property line there is approximately 501 which is affected by this code requirement, of that 50', only 20' does not meet the 10' setback. Due to the tightness of the site, and the small area which is affected, it would be appropriate to grant a variance for the above requirement. Along with the above requirement, pursuant to Section 4.4.21(H) CF Zone District, within the front yard setback and any street side setback area, the first 10' abutting the right-of-way shall be a landscaped area. This would apply to the CF zone district which abuts Palm Square along the south parking lot. Again, it would be appropriate to grant a variance as it effects only a portion of the property along the east side. *NOTE: Attached are the applicant IS justification statements and criteria for basis of granting a variance REF:2.4.7(A), 4.5.1(J)]. ., HPB Staff Report. Patio Shoppes Page 9 Buildinq Height: Buildings within the CBD may be up to 48' in height. The proposed building height is 291. Therefore, this requirement has been met. Open Space: Pursuant to Section 4.3.4(K), 25% of non-vehicular open space is required. The development provides for 32.5% of open space. o THE R: Plat: Through the review process, it was discovered that the Palm Square Plat was never recorded. Also, it has been identified that no utility easements have been provided to cover the FPL lines and sewer main which runs east/west behind lots 4-8. Along the east property line, a portion of the public sidewalk is located on private property. In light of the above, it would be appropriate to plat the property in order to provide the necessary easements. The appl icant has verbally agreed to plat the property. Overhead Power Lines: Pursuant to Section 6.1.8 all new development is to provide utility structures such as electric power underground. There is overhead power lines which traverse the site. These lines are esthetically unpleasing and should be located underground. The applicant may request a waiver from this requirement from the City Commission. LAN D SeA P E A N A L Y S I S Pursuant to Section 4.6.16(H)(3)(d) a 5' landscape strip is required between vehicular use areas and adjacent properties. Only 4 · has been provided at the west end of the north parking lot. The applicant has provided a justification statement which indicates that on an average this requirement has been met. The Board should make a recommendation to the City Commission regarding this waiver request. In general, the proposal meets the intent of Section 4.6.16. The parking lots are the only areas being landscaped as the building has a zero setback long the east, west and north sides therefore, no landscaping can be accommodated. It is noted that palm trees exist along Atlantic Avenue, within the street right-of-way, as part of the streetscape beautification program. HPB Staff Report Patio Shoppes Page 10 There are proposed trees located on top of the existing sanitary sewer line. These trees will need to shifted in order to not be in conflict with the utility lines. E LEV A T ION A N A L Y S I S The elevations appear to have a "Mizner" design character. The roof material is to be a terricotta barrel tile. The base of the building is to be painted a light pink with light yellow columns and white accent bands. The color combination keeps within the "Caribbean flavor" which seems to be the theme developing along Atlantic Avenue. REV I E W B Y o THE R S: COMMUNITY REDEVELOPMENT AGENCY: At its meeting of March 5, 1992, the Community Redevelopment Agency reviewed and recommended approval of the site and development plan requests. With the recommendation that outside dining should be maximized in the project and that parking requirements for this additional seating be waived. DOWNTOWN DEVELOPMENT AUTHORITY: This item will be presented to the DDA at its March 16 meeting. The DDAls recommendation will be presented to the Board at its meeting. ASS E SSM E N T AND CON C L U S ION: The development proposal appears to meet most of the LOR requirements and required findings. The variances and waivers are being requested in order to maximize the parking. A plat will be required to accommodate all the necessary easements. A water main extension will be required in order to provide the necessary fire suppression for the building. There is some concern over the parking and congestion, even though, the parking provided meets code requirements for the CBD. The traffic study, as submitted, indicates that there will not be enough parking to accommodate traffic at peak hours. The study does not take into account any outdoor seating which may be provided in the future. However, there is alternative parking available along Atlantic Avenue and public parking lots in the vicinity of the site. Overall, the proposed development will encourage redevelopment and revitalization to Atlantic Avenue and downtown City of Oelray Beach. ., HPB Staff Repor~ Patio Shoppes Page 11 A L T ERN A T I V E ACT ION S: A. Continue with direction. B. Deny the site and development request with basis stated. C. Approve the site plan, variances, landscape plan, COA 8-172 and elevations for the Patio Shoppes. S T A F F R E COM MEN D A T ION: By separate motions: 1- Approve of the site and development plan request for the Patio Shoppes 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(F)(5) with the following waivers, variances and conditions: Variances: Approve the following variance request based upon pos i t.i ve findings pursuant to Section 2.4.7(A)(S) and 4.S.1(J): a. Approve the variance request from Section 4.4.21(H) to reduce the setback from 10' to 51 along the east property line. b. Approve the variance request from Section 4.6.4(E), to reduce the setback from 101 to 8 ' along the west property line and 10' to 51 along the east property. Waiver: a. Approve the request to reduce the right-of-way width from 60' to 40 I . ----~ .-. -----~ - - -'~ --.--" . b----Approve die' request to reduce the sidewalk width from , ....~ . 5' t:~~---aPPSop~i~te, approve the elimination of lb the sidewalk from the edge of the parking lot to the south property line with a treatment similar to Brandy's. c. Recommend approval to the City Commission regarding the waiver request from Section 4.6.16(H) (3) (d) to reduce the required 5' landscape strip along the west property line adjacent to the north parking lot to 41. HPB Staff Report Patio Shoppes Page 12 Conditions: a. That a plat be recorded for the subject property to include the necessary easements as outlined in this staff report. b. As appropriate, depending upon disposition of variance and waiver items. c. Provide the overhead power lines underground pursuant to Section 6.3.8. 2. Approve the landscape plans based upon positive findings pursuant to Section 4.6.16. 3. Approve the Elevations based upon positive findings pursuant to Section 4.6.18. Attachments: * Section 2.4.7(A)(S) and Section 4.S.1(j) * Site Plan * Justification Statements " EXCERPT FROM CITY COMMISSION DOCUMENTATION (Exhibit A) TRIAL CLOSURE OF PALM SQUARE: During the Commission's consideration of the rezoning ordinance on first reading, there were comments made about traffic flow. In response to that concern (and to petitions received from Palm Square property owners), your staff is proposing the following on a trial basis: * The closure of palm Square to through traffic by placing a barrier (as used in Delray Estates) across Palm Square at the scuth end of the "Brandy's" parking lot. A hammer turn around would be provided on the proposed (OF) parking lot site until construction of the Patio Shoppes commences. * When construction commences, the turnaround and barrier would be relocated to the southwest corner of Lot 42 (this will necessitate the resident next to Brandy's parking lot to take access from the north. If during the above period we witness greater congestion and accident history at Palm Square and Atlantic, the trial period would be terminated. If after the above periods, it is desired to make the barrier and turn-around permanent, appropriate actions to do so will occur. Rationale: It is thought that by using the above "trial" approach, we can assess traffic flow and congestion impacts before we nave the influence of 100% operation of the Patio Shoppes and of Brandy's Restaurant. If problems occur at this lesser level of intensity, the prohibition should be removed. If no problem arise and the increased intensity does not create problems, then the prohibition should become permanent. Arrangements to accommodate the above closings will be handled through staff contact with the property owners and through accommodations on th~ site plan. " ~ c - ~ -lnN3^V 811NVl.lV ! j- - C' _ - 0 ~ ~ - '"" j j I N ,: O'.:.~. , ,;'",. '0" \.; I - .i flf',p it'l' '~H~Hjr.p :j,. - LLI ' 't~' " ~ ,',' I'~'" 0 LLI _~_ JtIM,~!rlh:c.::...~~!!LD;;; _~ _ 'P'" a:l OJ. lL:l'ttl~lti[I1.0~'.."""I'II"'..... m ..., ,4( . ~ H",t i".lIt"""I,:'i:i"'II"pr ,. ~ li (J)' I hr, ':'''Il:i!il .",d! [::11. I 9,... ....., - (J)~ n. ' c H'ih n. ... , - 0 en . .l,fl:ll 0 en ::) 0 ' r. . . . III J:LL1 .. , I','{: ? ::c: LLI CJ (J)g : I! I! :: (/)g z . u. . It:;., u. ~ -- ~~i I sa 0 ",i,n 0 r&1 - 'l:U1r - I .1.tS .11 -:if .I.U 'I"'{;' I , :. ~i; ,. . '--- '~:>:-:' -':,':.";; ;')>- :"i ','. I ,.." .~~.~ I Ol .za ~l , ~ I :! 'S... 1-.~ ~ I i J~ : ~ i c i~ ~ N U als:.. N C U m o - - i - J _ - W I ~ ,It CJ .IS. f . .!E a: I ! ~ '. < I OO.Sl'." ::> -- ~ 0 3..: . - (1)1 a ~ I J /~, J _ ~ ~ I- I ..~ < = d I Q. (/). J ~ I I ) ~ ~ i c i~1 ' ~ ~ d 1 i I ~~ 1'1 i . ~ t~CJ 1i~ . N IW?: 11 E c' o~ .. . lU I za: ~~ D.. __ 1=- ...:.-. , o!II , I . I g u. I 1 ~ ~ u a: 9"" ~ , I .1 ,I ,~I J -~nl I . ., ,jB~8b: . I I N.E. 1 ST ST. ~ VETERANS I >- ~ "- 1,~ Q: u..i ~ -.)- ~ z ~'v PARK ~ I ~~ [[] ~ I ~ ATLANTIC AVENUE I ~~ I I ')j~ ~ ~ < I- ~ ~ -J I ~ en ~ w ~ ~. ~ r::. I I !:l _ : 0 ~ U ~ ~ j .:f .., 1 . \.oJ ~ c.. ~ ~ - I ~ ~ . en . :J ......, S.E. 1ST ST. I I I- I- to I ~ PATIO DELRAY N - SITE PLAN - ~ I I ,I I ., ' , _. ,. ,.- - - Section 4.5.1 (J) (J) Historic Preservation Board to act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(0), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic site, which otherwise would be acted upon by the Board of. Adjustments. In acting on such variance requests the Board shall be guided by the following in addition to the criteria normally used by the Board of Adjustments. ( 1 ) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Loca 1 Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance requested Is the minimum necessary to maintain the preservation of the historic character of a historic site or of a historic district. ( 2) The Board shall otherwise follow all procedures, impose conditions, and make findings as required of the Board of Adjustments. 1 -, BASIS FOR VARIANCES Pu.rsuan t to Section 2.4.7(A)(5), the Historic Preservation B04rd must make the following findings prior t~ granting a variance: (A) That special conditions and circumstances exist which are peculiar to the land, structure, or buildLlg involved and which are not generally applicable to other lands, structures, or buildings subject to the same zonintJ (The matter of economic hardship shall not constitute a basis for the granting of a var iance) ; (B) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (C) That the special conditions and circumstances have not resulted from actions of the applicant; (0 ) That granting the variance will not confer into the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; ( E) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, . (F) That the granting of the variance will be in harmony with general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detriment41 to the public welfare. Pursuant to Section 4.5.l(J), In addition to the above criteria, in acting on varianc requests the Board shall also be guided by the following: ( 1 ) That a. variance is necessary to maintain the historic character of prvperty through demonstrating that: (a) A variance would not be contrary to the publ ic interest, safety, or welfare. '. ."" ra':l~ LV - - (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance requested is the minimum necessary to maintain the preservation of the historic character of a historic site or a historic district. TiSUNLOT3.DOC '. ... . . ~ ,.- ..c, --_... .,-, PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: HISTORIC PRESERVATION BOARD MEMBERS FROM: DIANE DOMINGUEZ, PLANNER III DATE: MARCH 10, 1992 RE: ALTERNATIVE APPROACHES TO PARKING FOR OUTDOOR SEATING AREA - PATIO SHOPPES The purpose of this memo is to clarify the options which are available for addressing a potential parking shortage at the Patio Shoppes development. Plans which were initially submitted for review indicated that outdoor seating would be available in the courtyard adjacent to the ground floor restaurants. Staff noted at the time that the parking shown on the plan was not sufficient to accommodate both the areas under roof and the outside seating area. Subsequently, we have had additional discussion with the project architect regarding this issue. The architect has indicated that the outdoor area which might be used for seating is approximately 600 square feet in size. Under the CBD parking requirements, one parking space must be provided for each 300 square feet of floor area. Therefore, two parking spaces would have to be provided for this use in addition to those required for the uses inside of the building. The existing site plan provides 41 parking spaces for the building itself, where 40 spaces are required. This leaves a shortage of 1 space if the outdoor seating area where included in the plan. According to the project architect, it is not possible to redesign the parking lot to include the additional space. The options for addressing the parking shortage are as follows: 1. Provide parking off-site. Required parking can be provided off-site on other property located within 300 feet, as long as both properties are of the same general type of zone designation. Such an arrangement would be subject to an agreement between the property owners stating that the parking shall not be transferred or sold separately from the use which it is intended to serve. Through this mechanism, the additional parking space could come from the Brandyls lot, located across Palm Square from the subject property. ., To: HPB Re: Alternative Approaches to Parking for Outdoor Seating Area - Patio Shoppes Page 2 2. Provide a sidewalk cafe in conjunction with the outside seating. If tables were placed in the right-of-way as well as on the property, and if the proper permits were obtained, the outside dining area could qualify as a sidewalk cafe. The parking requirement for the entire outside area would then be waived. It should be noted, however, that this section of the sidewalk (east of 5th Avenue) is within the Florida Department of Transportation right-of-way, and would require that agency's approval as well as the City's. 3. Payment in-lieu of parking. In the CBD zoning district, payment can be made for parking which is required but cannot be provided on site. The payment rate is $2,500 per space. The fee must be paid prior to the issuance of a building permit. Fees paid in-lieu of parking must be approved by the City Commission. 4. Accommodation as a non-impacting amendment. A special CBD parking task team may recommend that when a small scale addition is made to existing uses, a waiver be automatically granted for one to three parking spaces. If such a waiver option existed, the outdoor dining are could be added post construction of the new building and, thus, not be subject to providing additional parking or payment of an in-lieu fee. It is not known when this recommendation will be processed through the Planning and Zoning Board and on to the City Commission. s. Apply to the Historic Preservation Board for a variance to the parking requirement. The applicant could seek a variance from the code to provide 41 parking spaces where 42 are required. Since the property is in an historic district, this variance would be heard by the Historic Preservation Board. The applicant would be required to demonstrate why a variance is necessary for this property. The Historic Preservation Board would have to make findings relative to special conditions which exist on the land which create a hardship with respect to meeting this particular code provision. Any of these options could be acted upon at a future date, after a decision has been made as to the use of outdoor seating. Staff felt, however, that it is appropriate at this time to inform the Board and the applicant of the various alternatives, in order to allow adequate time to decide on a course of action. Digby .dridges, Marsh & Assoc.. ~es, P.A. 124 N.E. STHAVEr\UE. DELR<\YBEACH, FL33483 407-278-1388 ',~ J~'/ --~_. ---+---~- .- -- -.'- ------~-- -- ----------- --- --- -_.-. .--- ----- - - +----- ---+---- -- -- - --- ---~-- ----------- -- ---- --. - ---.'- "'i::..:.~ -- -- - ------_.- ------ - --.---. ---.--. ----.- -.- - --+-.- -- ..------ -------..-.- ~---- ------.--.--- -_._-------------~--- --- +-+---- . -- ~, ._.....~._4...;::.. ~ - ~---- -.- ----. - - ---- - -- --- ----. .-- -- ---_.+----_. ------------ ---- -- - ---~...... -~-~---_._--_._-------_.~ --------------.------- --- _._- - -- - - /'rj-r --~------------------ -----. -~------------------- -- --- --- --------------- ----------- ----~ . ---- ---------~ --.--- - 4 March 1992 Ms. Janet Meeks City of Delray Beach 100 NW 1st street Delray Beach, FL 33444 RE: Patio Shoppes Dear Janet: In regards to Item #6 - Width of Right-of-Way, we are requesting that this remain at the existing 40' width. This is in an historical district and to increase the right-of-way width by taking a further 10' either side of the existing right-of-way would be very detrimental to the area, and in particular, to the residences to the south of the Patio Shoppes development. To leave the right-of-way at its present width is not detrimental to the area, and is more in keeping. In regards to Item #7 sidewalk of 4' width. Here, once again, there are no sidewalks in the area, with the exception of the recently installed sidewalk from Atlantic Avenue onto the renovated parking lot of Brandy's Waterfront Cafe. This is a very limited sidewalk, but it does service the area it is intended to service. Bearing in mind these aspects of the area, it is felt that a 4' sidewalk is quite adequate for the western side of Palm Square. As it is now shown on the drawing, this 4' wide sidewalk extends to the south of the Patio Shoppes site. We would be grateful if the Board would consider this sidewalk only extending from Atlantic Avenue to the northern side of the entrance way to the parking lot. This, along with the 4' width, we feel would be more appropriate for the area, and that the 4' width is quite adequate to service the said development. k';J ~<'". '. ...... ~<""\,. 1......\.. -. ............- r.'" . ; ~ ~'';/ .' ~\.!) \'~. ';'. ~ Ci) . ',,- ~~~ '~\~\' ~ ' ,. ~~v ~. r;,. \~v .~\\ ~~\ ~ .' -- / C}{4RTERED ARCHITECTS - PLASSERS - ISTERiOR DESIGSENS ., . One further point we wish to clarify is that of uses. our client is requesting all uses allowed under the ceo zoning. The traffic study has been prepared presuming that both areas on the 1st floor could be small restaurantS. Kind regards, Yours sincerelY, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. ll)~) Di'~~Y C. Bridges, A.LA., R.LB.A. DCB/sl Di~ . dridges, Marsh & Ass. l~(,es? P,A. 124 ~ .E. 5TH A VE~UE, D ELRA Y BEACH. I- L 33483 407-278-1388 .) j~'/ .__:..-=--~---.-.- --. ------:-- ~...:~ii~.""" - --- - - ----. ::';;T~'~Z: ~-=-=':'~~~'_- -:~--____~ .:~~.-.='-=- ~ .----..:::.. .~_~:---- ---- ---. - .:"=:"'~~_-__-_- -=-=--.-=- ~..::-=:_ -------------- ..--- ---- ---_.-._~---------_._- -- ------- -----------. - ---- - 2 March 1992 Ms. Janet Meeks Planning & zon~g Dept. city of Delray Beach 100 NW 1st Street Delray Beach, FL 33444 RE: Patio Shoppes Dear Janet: In regards to item 4 of your February 25th transmittal, we wish to request for a waiver on this particular aspect of the site design. It is felt that the charter of this historical district and other historic districts is brought about by a great variety of building set backs, landscape strips of various widths, parking directly off the street, etc. It is also felt that this is a minor request bearing in mind that this 5 ft. variance to the codes requirements only exists for 10 ft. of the 50 ft. of CF zoned area that is directly opposite the RM zoned area on the other side of Palm Square. One other point is taken into account regarding this request, and that is the average depth of landscaping along this 50 ft. is +14 ft. There is also a hedge along the complete length of this boundary. Bearing all these facts in mind, it is requested that the Board grant a waiver from section 4.4.21 (H) CF Zone District. Item 5 of your February 25th transmittal, we are also requestip~ ~ waiver from the Board. The same argument exi3ts in regards tot he charter of this area as other historic areas. This is also a minor request of omitting only 2 ft. more of landscaping for a distance of 24 ft. along a boundary of 75 ft. length, where the average landscape strip is greater than 11'0". Bearing all these facts in mind, it is requested that the Board grant a waiver from Section 4.6.5(E) where CF zoning abuts residential zoning. We feel that both these variances are the absolute minimum necessary to maintain the preservation of the historic character of the area. -=- ~~ ~ '.,' . '. . - =:: W\~t... .\ t"'" . . ". ~ I ~ ,~ -~,_.... '- ~0..J' . . \'I'~ \ !.\ V " n ~-."", tJV~ t) h,' _ .nl, " r: - -, U' \\,; 11'~' :0. r, i r,~ : N....] ~ _ J J " CH4RTERED ARcIllTECTS - PLiSSERS -/:fHffJoi? DESIGSERS .w;a. _:-- ., We would also like to point out that to meet those required landscape strips, that at least four parking spaces would be omitted which, in our opinion, wold be more detrimental to the area. We thank you for the help given to us on this project. Kind regards; Yours sincerely, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. . ~ \)t) \\;~ A.I.A., Digby"" C. Br/. dges, R.LB.A. DCB/sl U15 . Bridges, Marsh & ...~.J( Oates, P.A. 124 ~.E. 5TH AVEr\CE, DELRAY BEACH. FL33483 407-278-1388 ~~:/:~'<~ ---.----~ ~~~=~~ ~;-~~.:. --<:~',--~-~.:_-_.- -~.. =. _.- -:";;i{s:..i: .~~-- '-~.~~-~-'~j:_----~~ _~-:.~.~ -:.- -~.:.~'-~=~_-~-_____-~~..---=- -~~::--:==-~--=~:.-=- :'-._~-_ --------------------- ----~. --- -_._~-_.--- ------~---- - --- -- --- -. 2 March 1992 Ms. Janet Meeks Planning & Zoning Dept. city of Delray Beach 100 NW 1st street Delray Beach, FL 33444 RE: Patio Shoppes Dear Janet: In regards to Item 2 in your transmittal of February 25, 1992, the 4' strip of landscaping at the northwest end of the northern parking area. As this strip of landscaping is only l' shy of the required 5' landscape strip, and it occurs only for a distance of 24'0" in relation to the overall 70' length of the boundary, and that the average depths of landscaping is over 8' in depth, it is felt that this adequately meets the intent of the code, and we cordially request a waiver for this l' strip of landscaping. Items 1 and 3 have been addressed on the site plan. See adjustments to the plans. Kindest regards, Yours sincerely, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. ' Ujuv~ Digby C. Bridges, A.I.A., R.I.B.A. DCB/sl ' ~(':;:<,~ ~~, . . ~- :'\\) R '.' '0. \~~.:... ce\" .;. ~,. ~ -.::J'~ '. ~,.,:~ ~. '" '" .~v. V.~.... . to\~\\ ./ .()~ .~\~ ~-.J'-~ -'- CHARTERED ARCHITECTS - PLJ.SSERS -ISTERlOR DESIGSERS ". '. '. K t=..c.<ci oeD A-n 0 t,. IceD 8t..~repr HPB frCXlon on PA-no SHoPPtFs I1EMPBAIIDT,/M ~ ~ SfJ . JfIIL/ /9,;}- TO: MAYOR AND CITY COMMISSIONERS bd '/ FROM: CITY MANAGER ./ SUBJECT: AGENDA ITEM ~ ~J1 - MEETING OF MARCH 24. 1992 REPORT OF APPEALABLE LAND USE ITEMS DATE: March 20, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period March 7, 1992 through March 20, 1992. The following actions were considered during this reporting period: Planning and Zoning Board: -Approved a minor master plan modification which reduced the side interior setback from 15 feet to 10 feet on specific lots in the Windy Creek Subdivision. Site Plan Review and Appearance Board: -Approved the site plan (4-2 vote), landscape plan and architectural elevations (6-0 vote), in conjunction with the construction of a 82 space parking lot for Executive Motors j waived the sidewalk requirement along Avenue G, Avenue F and Federal Highway (4-2 vote)j recommended approval of the request to defer installation of 25 foot landscape strip along Federal HighwaYj and recommended approval of the request to reduce the perimeter landscape strip along the east property line from five (5) feet to two (2) feet. -Approved the final landscape plan in conjunction with as-built modifications for the Drug Abuse Foundation Residential Campus. Historic Preservation Board: -Approved the landscape plan, architectural elevations and Certificate of Appropriateness for the Patio Shoppesj approved the site plan, variance requests, and waivers (4-1 vote) . -Approved the architectural elevation plans and granted a Certificate of Appropriateness for the Renaissance Dental Studio. A detailed staff report is attached as backup material for this item. .. .. '\ - C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~ "" jO-~A~) ~C )C,~~ THRU:" ..~ D J. KOVACS, DIRE R DEPARTMENT OF PLANNING AND ZONING FROM: !::~..~ af4", JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF MARCH 24, 1992 REPORT OF APPEALABLE LAND USE ITEMS MARCH 7, 1992 THRU MARCH 20, 1992 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of March 7, 1992, through March 20, 1992. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7{E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. ., " . City Commission Documentation Report of Appealable Land Use Items March 7, 1992 thru March 20, 1992 Page 3 In addition the Board recommended to the City Commission: - deferral of the provision of a 25' landscape strip along Federal Highway until the widening of Federal Highway or the completion of Phase II of the development; - reduction in the perimeter landscape strip along the east property line from 5' to 21; B. Approved the final landscape plan in conjunction with as-built modifications for Drug Abuse Foundation Residential Campus, located at the southwest corner of Swinton Avenue and SE 4th Street (Vote 6 to 0). No appealable items were considered by the Board. However, other agenda items which required Board action include: * Approved business sign for Avalanche Bar & Grill, located at 1942 South Federal Highway. * Approved (with conditions) business sign for Foreign Car Engineering, located at 75 North Congress Avenue. * Approved (with conditions) the Master Sign program for Shoneyls, located at 969 SE 5th Avenue. HISTORIC PRESERVATION BOARD MEETING OF MARCH 18, 1992 X. While the Board unanimously approved the landscape plan, architectural elevations and Certificate of Appropriateness for the Patio Shoppes, the site plan and variance requests were approved on a 4 to 1 vote (Miller dissenting) . The Patio Shoppes is located at the southwest corner of Palm Square and Atlantic Avenue. The development proposal is to allow the construction of 11,736 sq. ft. of offices, retail and restaurant uses. The Boardls action was conditioned with the caveat that all the approvals granted are subject to any conditions imposed the City Commission with regard to the closure of Palm Square. The following lists the variances and waivers approved by the Board: - a variance request from Section 4.4.21(H) to reduce the landscape setback from 10' to 5' along the east property line. - a variance request from Section 4.6.4(E) to reduce the setback from 10' to 8' along the west property line and from 10' to 51 along the east property line. - a waiver request to reduce the right-of-way requirement from 601 to 40'. .. . . LOCATION MAP FOR CITY COMMISSION MEETING OF MARCH 24, 1992 L-30 CANAL WE IDA ROAD I ~ I CD SW2ST ~ ~ ! . ... ~ ~ 2 I III III LOWSON IOULEVAItO I UMTON IOUUYAItO I I L-3I CANAL N - CITY OF DELRAY BEACH, FLORIDA P. at Z. ITEMS: H.P.B. ITEMS: S.P.R.A.B. ITEMS: I. - WINDY CREEK X. - PA no SHOP PES A. - EXECUTIVE WOTORS Y. - RENAISSANCE B. - DRUG ABUSE RESIDENTIAL DENTAL STUDIO TREATMENT CAMPUS .. '. . City Commission Documentation Report of Appealable Land Use Items March 7, 1992 thru March 20, 1992 Page 2 PLANNING AND ZONING BOARD MEETING OF MARCH 20, 1992 1. Approved minor master plan modification in conjunction with a request for internal adjustments at the Windy Creek Subdivision, located on the north side of West Atlantic Avenue, between High Point Boulevard and Barwick Road. The request involved a reduction to the side interior setback from 151 to 10' on specific lots (Vote 7 to 0). No other appealable items were considered by the Planning and Zoning Board. The following items considered by the Board will be forwarded to the City Commission as separate agenda items. * Plan Amendment 92-1; Future Land Use Map Amendments; Associated Rezonings; Policy and Text Amendments (Action continued to a Special Meeting to be held on March 26, 1992). * Rezoning, from R-I-A to CF (City Owned Property at N.W. 8th Avenue and Martin Luther King, Jr. Boulevard, American Legion Facilities). * Conditional Use Request for a Veterinary Clinic in the PC Zoning District at the Landis Professional Plaza, northwest corner of Lowson Boulevard and Congress Avenue. * Conditional Use Request for a Child Care Facility in the R-IA Zoning District - Little Lee Christian Academy, located on the west side of SW 13th Avenue, south of SW 2nd Street. * Annexation and initial zoning of MH, Highland Trailer Park Subdivision. * Final Plat for Amoco Oil Company, located at the northeast corner of West Atlantic Avenue and NW 8th Avenue. * Review and Comment on Palm Beach County Future Land Use Map Amendments, Their Amendment 92-1. SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF MARCH 18, 1992: A. Approved the site plan (4 to 2 vote) , landscape plan and architectural elevations (6 to 0 vote), in conjunction with the construction of a 82 space parking lot, associated landscape improvements and approval of an existing sales trailer for Executive Motors located on the west side of Federal Highway between Avenues F and G. Concurrently, the Board waived the sidewalk requirement along Avenues G and F and Federal Highway (Vote 4 to 2). . City Commission Documentation Report of Appealable Land Use Items March 7, 1992 thru March 20, 1992 Page 4 - waiver requests to reduce the sidewalk width from S'to 4' ; and eliminate the sidewalk from the edge of the parking lot to the south property line. - a waiver request to reduce the required landscape strip from 5' to 41 along the west property line adjacent to the north parking lot. Y. Approved the architectural elevation plans and granted a Certificate of Appropriateness for Renaissance Dental Studio, located at the northeast corner of NE 2nd Avenue and 5th Street (Vote 5 to 0). No other appealable items were considered by the Board. However, the following agenda item required Board action: * Certificate of Appropriateness request for perimeter fencing for a single family dwelling at 310 N. Swinton Avenue. RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Map JA/#65/CCDOCM.TXT " . . '. ",. LOCA nON MAP FOR CITY COMMISSION MEETING OF MARCH 2-4. 1992 L-30 CANAL LAKt IDA ItOAD I I I CD SW2ST ~ ~ ~ ! 1IO . ~ ~ ::II i III LOftON IOULEVAItO I UNTON IOUUVAItD I L-.J' CANAL N - CITY OF DELRAY BEACH, FLORIDA P. & Z. ITEMS: H.P.B. ITEMS: S.P.R.A.B. ITEMS: 1. - WINDY CREEK x. - p...no SHOPPES .... - EXECUTIVE WOTORS Y. - REN...ISS...NCE B. - DRUG "'BUSE RESIDENTIAL DENTAL STUDIO TREAT~ENT CA~PUS '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER;t~ SUBJECT: AGENDA ITEM it Cf.]). - MEETING OF APRIL 14. 1992 APPROVAL OF F.O.P. COLLECTIVE BARGAINING AGREEMENT DATE: April 10, 1992 This item is before you to consider approval of the collective bargaining agreement with the Fraternal Order of Police, which was approved by F.O.P. on April 6, 1992. If approved by the Commission, this agreement would be in effect from October 1, 1991 to September 30, 1992. ". ., ,. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~ q E - MEETING OF APRIL 14, 1992 REOUEST FOR TEMPORARY USE PERMIT/CONSTRUCTION COMPOUND DATE: April 10, 1992 We have received a request from the Hardaway Company for a temporary use permit to erect a construction compound/construction trailers on a vacant lot located at 231 N. Congress Avenue during the 1-95 Widening Project. The proposed use would last approximately 16 months from the time of approval. While the Chief Building Official is authorized to grant temporary permi ts for construction trailers and compounds, that authority is intended to relate to on-site or adjacent site facilities. This item is being brought before the Commission because of community interest in activities along Congress Avenue and the unique aspects of this request (off-site facility). Recommend approval of the request for a temporary use permit to erect a construction compound off-site on Congress Avenue in conjunction with the 1-95 Widening Project. -, I,." .. .>, . :AV/\ v- \ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~,~D T. HARDEN, CITY MANAGER \t \~_~~J ~ u ere FROM: DAviD J. KOVACS, DIR~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 14, 1992 CONSIDERATION OF A TEMPORARY USE PERMIT FOR A CONSTRUCTION (1-95 IMPROVEMENTS) COMPOUND ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a temporary use. The item is being considered under LDR Section 2.4.6(H) which requires that certain temporary uses require approval of the City Commission. The project is an off-site construction compound for the 1-95 improvements being construction between the Yamato Road and Linton Boulevard exchanges. The compound is to be located at 231 N. Congress Avenue (east side, vacant, fenced site north of the junk yard). BACKGROUND: Attached is a complete description of the request (letter of March 23rd from The Hardaway Company). While the Chief Building Official is authorized to grant temporary permits for "construction trailers and compounds" , that authori ty is intended to relate to "on-site" or "adjacent site" facilities i.e. such as at the Palm Cove project on Linton Boulevard. The Ci ty Commission has reserved the approval authority for "City (public purpose) operated facilities". Because of the community interest in activity along Congress Avenue and the unique aspects of this request (off-site facility), it has been forwarded to the City Commission for action. There has been no review by other advisory bodies (no such review is required). RECOMMENDED ACTION: By motion, approval of the temporary use for a construction compound for work on 1-95 pursuant to the letter of March 23, 1992, from The Hardaway Company. Attachments: * Letter of March 23, 1992 * Site Plan .. ,. //. . RECEIVED THE MAR 2 4 1992 HARDAWAY CITY MANAGER'S OFFICE COMPANY P. O. Box 290817 P.O. Box 812469 Tampa, Florida 33687 Boca Raton, Florida 33481-2469 813.623.5877 March 23, 1992 Mr. David Harden, City Manager City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 RE: TEMPORARY USE PERMIT - CONSTRUCTION COMPOUND CONSTRUCTION TRAILERS Dear Mr. Harden: The Hardaway Company requests that a Temporary Use Permit be issued for the above referenced use of the vacant, fenced property located at 231 N. Congress Avenue, Delray Beach, Florida. This property is currently zoned MIC, Mixed Industrial and Co.llercial. After investigating various locations, we found this site to be the most appropriate for our intended use during the construction of the currently contracted 1-95 project, which begins at Linton Blvd. The construction traffic route fro. the property will be south on Congress Ave. to Atlantic Blvd. then east to the 1-95 southbound entrance. This route will minimize any disruption to local traffic. (See attached map) Pursuant to section 2.4.6(H)(2) of the Delray Beach Zoning Code, the following information is provided: a. Name of petitioner: The Hardaway Company P.O. Box 290817 Taapa, Florida 33687 b. Name of property owner: Rinker Materials Corp. P.O. Box 24635 West Pal. Beach, Florida 33416 (Notice of consent fro. owner will be provided) c. Location of site: 231 N. Congress Avenue Delray Beach, Florida Property Control Nu.ber 12 43 46 18 00 000 1052 0' '. d. Purpose, Activity Conducted: Location of construction office trailers, and construction co.pound for The Hardaway Co.pany during construction of State Project No. 93220-3406 and 93220-3445 (1-95 Expansion South of Linton Blvd.) e. Period of use: Approxi.ately sixteen .onths fro. ti.e of approval through July, 1993. f. Proof of ability to connect te.porary electrical service: Temporary service will be provided by Florida Power and Light and The Signal Group. g. Proof of ability to provide toilet facilities: Trailers are equipped with indoor toilet facilities and will be connected per applicable code require.ents. Additionally, The Hardaway Co.pany will provide a landscape screen along the front property line (running adjacent to Congress Ave.) to i.prove the appearance of the property and reduce the visual i.pact of construction trailers and storage. Attached are two copies of our proposed site plan and building per.its. Please contact me at phone nu.ber 997-5704 should any additional infor.ation be required to facilitate and/or expedite our request for a Te.porary Use Permi to. Sincerely, THE HARDAWAY COMPANY a~/t/. ~~ John W. Brown, P.E. Project Manager cc: Mr. Jerome Sanzone, Chief Building Official Mr. Don Fecteau, Rinker Materials Corp. Mr. J. C. Miseroy, The Hardaway Co.pany THC, Columbus Eng-458 File-458 e THE HARDAWAY COMPANY 'I , I .. '--~~D nl)~' II t~ ~ ~ \ ..~ ~ : i ~ .W,~ ..-~HroR Q~~~.:, .... - ---.-.-.-.~r ,r.{j; oJ ...... : ----j,:jo- -,; ;h.-~~~:-~ ;;~~-=---. I · -.. I nN~ P'NI: nn CD f!t ~GlST -. 18~ sf · I -. ~ ~T ~ TRI ~ '. .' > > _ ~~r ; DA .t-..;... .NW.. _ .18. _ . 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {ll/ SUBJECT: AGENDA ITEM i qF - MEETING OF APRIL 14. 1992 SERVICE AUTHORIZATION NO. 4/ECKLER ENGINEERING DATE: April 10, 1992 This is a service authorization in the amount of $28,800 for design, bidding/negotiation, construction and resident project representative services for the rehabilitation of Lift Stations 19A, 20A, 23 and 32. In December 1991, Eckler Engineering prepared a design report for the rehabilitation of Lift Stations #9, located on N.E. 1st Court; #19A, located on Island Drive; #20A, located on s.w. 6th Street and S.W. 15th Avenue; #23, located on s.w. 22nd Avenue, north of S.W. 12th Court; and #32, located at the intersection of Gardenia and Boone Drives. In accordance with recommendations in the design report the following improvements are recommended: -Lift Station #9 - convert existing air pot ejector system to a duplex submersible sanitary pump station. Estimated construction cost $48,600. Engineering services for Lift Station #9 has been included in the service authorization being prepared by PEC which relates to the Booster Station. -Lift Station #19A - convert existing air pot ejector system to a duplex submersible lift station. Estimated construction cost $47,900. -Lift Station #20A - completely demolish this two pump submersible lift station and replace it in its entirety with a new duplex submersible lift station. Estimated construction cost $52,100. -Lift Station #23 - convert existing two pump can-type station to a duplex submersible sanitary lift station. Estimated construction cost $61,900. -Lift Station #32 - completely renovate this two pump conversion station to provide more efficient operation and to meet regulatory standards. Estimated construction cost $54,300. Recommend approval of Service Authorization No. 4 in the amount of $28,800 to the contract with Eckler Engineering for design, bidding/negotiation, construction and resident project representative services for the rehabilitation of Lift Stations 19A, 20A, 23 and 32; with funding from Water and Sewer Repair and .Replacement - Engineering Services (Account No. 442-5178-536-61.83). '. . . - . " APR- 7-'32 TUE 17:14 ECKLER ENGINEERING 7552741 F'.02 E ECKLER ENGINEERING . CONSULnNG CIVIL ENGINE€~S April 7, 1992 215.Bl Mr. George Abou-Jaoude City of Delray Beach 434 S. Swinton Avenue Delray Beach, F1 33444 Dear Mr. Abou-Jaoude: Reference: Service Authorization Number 4 Rehabilitation of Pump Stations 19~ 20~ 23 and 32 Enclosed are five (5) signed and dated copies of proposed SelVice Authorization Number 4 for the design and construction services associated with the rehabilitation of pump stations 19A, 20A, 23 and 32. The design of these pump stations will be in accordance with the design report dated December, 1991 prepared by Eckler Engineering. We propose to provide the the final design selvices for $21,600.00 as broken down by pump station in this Service Authorization. The bidding and negotiation phases and construction phases of this project will be billed on an hourly rate plus direct expenses basis as outlined in Section Vll - Compensation, Paragraph ~ Method 2. The proposed maximuDl limits on these two phases are $1,200,00 and $6,000,00, respectively. We look forward to cOlltinuing to serve the City of Delray Beach witl} engineering seIVices for the rehabilitation of these four pump stations. If you have any questions or require additional information pertaining to this proposal, please do not hesitate to contact me. Sincerely, ~A.~ Donald A Eckler, P.E. Enel. 215Bl.Oll 9.."181 WEST SAMPLE ROAD . CORAl. SPRINGS, FL 33065 3051755-1351 Printed On Recycled Pap", <. APR- 7-92 TUE 17:15 ECKLER ENGINEERING 7:::i521'~41 P. ("3 ECKLER ENGINEERING . CITY Of DELRA Y BEACH CONSULTING SERVICE AUrnORIZATION DATE: Aj2ril 7. 1992 SERVICE AUTHORIZATION NO. 4 FOR CONSUL TINO SERVICES CITY P,O, NO. CITY EXPENSE CODE PROJECT NO, = 92-102 CITY 21S,Bl ECKLER ENGINEERING TITLE: Desiin aud Construction Services for Pump Stations 19A 20A 23 and 32 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contrac~ dated November 6. 1991. between the City of Delray Beach and Eckler Engineering. I. PROJECT DESCRlYfION This Service Authorization covers the design and construction services for the rehabilitation of pump stations 19A. 20A. 23 and 32, Eckler Engineering prepared a design report for these pump stations dated December, 1991 which will be the design basis for these pump stations, IL S.COPE OF SERVICES A. Phase I - Study and Report Phase Complete. B, Phase 11 - Preliminary Design Phase This work will be completed under Phase III - Final Design Phase. Page 1 of 4 ,. APR- 7-92 TUE 17:16 ECKLER ENGINEERING 7~.':t2i-41 P. _:'4 C. Phase III - Final Design Phase Eckler Engineering shall provide the final design services as outlined ill the AGREEMENT under Article III, Paragraph C, Phase III - Final Design Phase. D. Phase IV . BiddinglNegotiation Phase Eckler Engineering shall provide the services outlined in .A1ticle Ill, Paragraph Dt Phase IV - Bidding/Negotiation Phase of the AGREEMENT. E. Phase V - Construction Phase Eckler Engineering shall perforol the services outlined in Article III, Paragraph E, Phase V - Construction Phase of the AGREEMENT. We will make a maximum of ten (10) visits to the site during construction. F. Phase VI . Resident Project Representative Services Phase The City shall provide a Resident Project Representative on this project. III. BUDGET PRELIMINARY DESIGN PHASE AND FINAL DESIGN PHASE. These portions of this proposal are made in accordance with Section VII - Compensation, Paragraph A, Method 1 . Lump Sum, Page 17 of the AGREEMENT. The design phase ends upon advertising the project for receipt of bids. PHASE III . FINAL DESIGN PHASE PUMP STATION 19A. Lump Sum Fee of .............. $ 5,200,00 PUMP STATION 20A - Lump Sum Fee of ...".,....,., $ 5,700.00 PUMP STATION 23 - Lump Sum Fee of .,............. $ .5,700.00 PUMP STATION 32 - Lump Sum Fee of ......,.. ,. . . ., $ 5.000.00 TOTAL FINAL DESIGN . . . . . . . . . . . . . . . . . . . . . . . . . . .. $21,600.00 Page 2 of 4 ., Hr-k- ... - '9 0;: T U E. 1,': 1 "" t:: '_' i<. L E F: E t~ G It,. E E F: It.. G 755.2"141 F' . "':15 . PHASE IV . BIDDING/NEGOTlA nON PHASE This proposal is made in accordance with Section VII - Compensation. Paragraph A, Method 2 . Charges made on an hourly rate plus a direct expenses basisl page 17 of the AGREEMENT. The services fee for this phase shall not exceed $1,200.00 without prior written approval. PHASE N . CONSTRUCTION PHASE This proposal is made in accordance with Section VII - Compensation, Paragraph A. Method 2 - Charges made 011 an hourly rate plus a direct expenses basis, page 17 of the AGREEMENT. The services fee for this phase shall not exceed $6,000.00 without prior written approval. IV. COMPLETION DATE The preliminary design phase shall be complete within 30 days of receiving a signed Service Authorization. The fmal design phase shall be completed within 45 days after approval of the preliminary design phase. Pemlitting will take approximately 30 days after approval of the final design phase. This Service Authorization is approved contingent upon tbe CITY's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the CITY may terminate the contract without incurring any further liability. The consultant may not commence work on any Service Authorization approved by the CrrY to be included as part of the contract without any further notice to proceed. Page 3 of 4 '. APR~ 7-92 TUE 17:17 ECKLER ENGINEERING 7552741 P.06 - . Approved by: CITY OF DELRA Y BEACH: ECKLER ENGINEERING Date Date 4/7/t?f. ~A~ Signature Donald A Eckler, Owner Print Name Witness Title Witness Attest State of Florida C.ounty of Broward I HEREBY CERTIFY that on this date Approved as to legal Sufficiency before me, an officer duly authorized in and Fonn the state and county named above to take acknow)edgementsl personally appeared Donald A Eckler . known to me to be the person in and who executed the foregoing instrumen t, and acknowle.dged before me that he/she executed the same. SWORN TO AND SUBSCRffiED before me this day of . 19 . Notary Public My Commission Expires: Page 4 of 4 '. . MEMORANDUM TO: David T. Harden City Manager FROM: George Abou-Jaoude Deputy Director of Public utilities SUBJECT: REHABILITATION OF PUMP STATIONS 19A, 20A, 23 AND 32 PROJECT NO. 91-102 DATE: April 1, 1992 Eckler Engineering prepared a preliminary report on the conditions of Lift stations 9, 18, 19A, 20A, 23 and 32. (See attached). The report was cross referenced with Hazen & Sawyer, P.C. Wastewater Master Plan for confirming rehabilitation recommendations. Lift Stations 9 and 18 have now been added to the service authorization being prepared by PEC which relates to the Booster station. Staff has reviewed the recommendations of the preliminary report by Eckler Engineering. We request approval to these rehabilitation recommendations. GA:smm File: Memos to City Manager Project No. 91-102 ( D) GAREHAB.DOC "@{g~ 0 @~ ~[g~@~lJ . . [P@~ REHABILITATION OF LIFT STATIONS 9, 19A, 20A, 23, & 32 I . - . [F@~ iJt}{1[g <<:D'iJl? @LS I I [ID~[b~&y! [ID~&~OO [F[L@~n[ID& PREPARED BY : 8t ECKLER ENGINEERING DECEMBER 199~ ., ' . DESIGN REPORT for the REHABILITATION OF PUMP STATIONS 9, 19A, 20A, 23, 32 for the CITY OF DELRAY BEACH, FLORIDA .... ECKLER ENGINEERING Coral Springs, Florida Project No. 215.BO December. 1991 . . TABLE OF CONTENTS INTRODUCTION PROJECT SITE NUMBER 1 . LIFr STATION 9 PROJECT SITE NUMBER 2 . LIFr STATION 19A PROJECT SITE NUMBER 3 . LIFr STATION 20A PROJECT SITE NUMBER 4. LIFr STATION 23 PROJECT SITE NUMBER 5 . LIFr STATION 32 CONCLUSION .. INTRODUCTION . This report presents the results of the design report phase for the rehabilitation of stations 9, 19A, 20A, 23 and 32. This report provides the City of Delray Beach with specific information for evaluating the various rehabilitation options available at each of the above referenced station sites. This report provides specific information and discussion for each pump station site regarding the following design objectives: existing conditions, influent flows, rehabilitation options, evaluation of rehabilitation options, recommendation of the best rehabilitation option and a preliminary design ,cost estimate for the recommended option. The context of this report is broken into five individual sections. The individual sections will deal specifically with one separate pump station site. Each section is broken into various sections in order to discuss the preliminary design objectives listed above. Following the discussion of the preliminary design objectives for each station site, we have included photographs of the existing sites and have drawn proposed site plans. The most important objective of this design report is to provide the City of Delray Beach with specific information regarding the rehabilitation options for these various stations. The data collected, evaluated and presented in this report is the most up-to-date information available and was obtained by site visits, discussions with City personnel and preliminary topographic sUlVeys. The recommendations contained herein are based on the evaluation of the collected data and the best engineering and economic practices currently available. The recommendations and proposed rehabilitation programs contained in this report have been presented to provide the City detailed information to properly evaluate. each project site. '. ,,' PROJECT SITE NUMBER 1 - LIFr STATION 9 . Existing Conditions Lift station 9 is an existing air pot ejector type lift station located at the eastern end of N.E. 1st Court. This station selVes a residential area of approximately 18 single family homes. The area selVed by the station does not appear to be an area where the seasonal population influx would effect the influent wastewater flows to this station. Inspection of this station revealed that the equipment is antiquated and requires a great deal of maintenance for the station to operate. The precast concrete walls of the mechanical equipment room are wet and it appears that water infiltrates through these walls as well as through the manway of the structure. Mechanically, according to discussions with the City of Delray Beach personnel, the station requires an abnormal amount of maintenance compared to that which is normally expected at a standard duplex submersible lift station. The station is situated in the cul-de-sac pavement area near the end of N.E. 1st Court. According to plat data obtained for this area, the right-of-way of N.E. 1st Court extends eastward to the edge of the Intracoastal Waterway. This indicates that this station is located within the right-of-way of N.E. 1st Court. One particular constraint noticed which has the potential to effect the pump selection for this rehabilitation is the power selVice availability. Power service currently availabile at this site is single phase power as would normally be expected for a standard residential neighborhood. Influent Flows Preliminary influent flow data has been established for the lift station 9 site. This existing site has no telemetry system, therefore, recorded flow data was not available for our use to estimate influent flow to the station. To provide a reasonable estimation of the influent sewage flow, we assumed that each of the eighteen residences selVed by this station would have a water demand of approximately 350 gallons per day per unit. The equivalent sanitary flow of 75% of the water demand or approximately 262 gallons per day per unit was used. By multiplying this sanitary flow per unit by the number of units, the approximate influent flow to the station on an average day is 4 gallons per minute. Using a peaking factor of 4 times the average daily influent flow, the peak flow to the station has been estimated to be approximately 20 gallons per minute. Rehabilitation Options Two options were investigated for the rehabilitation of lift station 9. The first option was to abandon the existing lift station and collection system and construct a new gravity collection- system for N.E. 1st Court. The new gravity system would flow from the eastern end of N.E. 1st Court to the intersection of N.E. 1st Court and N.E. 7th Avenue. The " second option for the rehabilitation of lift station 9 was to convert this existing air pot ejector system to a duplex submersible sanitary pumping station. Evaluation of Rehabilitation Options The first option to rehabilitate this station is to replace lift station 9 with a gravity collection system running along N.E. 1st Court to N.E. 7th Avenue. This option was investigated in the field during the preliminary design sUIveying phase of this project. The data collected in the field indicated that the manhole at the intersection of N.E. 7th Avenue and N.E. 1st Court has an existing rim elevation of 10.54 feet and invert elevations of 2.16 feet (North) and 2.06 feet (South). The terminal collection manhole of the existing gravity system located approximately 654 feet to the east of N.E. 7th Avenue has an existing rim elevation of 3.75 feet with invert elevations of -0.65 (west) and -3.55 feet (south). The proposed gravity sewer collection system would be constructed of pipe with the minimum acceptable diameter of 8-inches laid at the minimum slope of 0.4% with a minimum cover of 30-inches. The collection pipe run length required would be approximately 600 linear feet with the rim elevation of the proposed terminal manhole equal to 4.31 feet with an invert elevation of 1.81 feet west. As is obvious by these numbers, a gravity system would require the installation of a manhole with the minimum initial invert depth at approximately 0.3 feet below the invert of the existing manhole at the intersection of N.E. 7th Avenue and N.E. 1st Court. Analyzing this data, reversal of the gravity flow to the west along N.E. 1st Court is not possible due to existing grades, depth conditions and invert requirements. The second option for the rehabilitation of station 9 is to convert the station to a duplex submersible operation. The work required for the conversion would include: 1. The conversion of the existing mechanical equipment room to a wetwell for submersible pump operation. This conversion will require the removal of all existing mechanical equipment from the mechanical equipment room and the removal of all chemical and grease residues from the interior of the mechanical equipment room walls, floor and ceiling. 2. The repair of all damaged concrete on the interior walls of the mechanical equipment room. 3. Grouting inverts in the bottom of the mechanical equipment room to direct flow toward the submersible pumps. 4. Removal of the existing top of the mechanical equipment room and replaceing it with a precast top and single leaf aluminum hatch capable of withstanding H20 load requirements. 5. The 2onversion will also require the coating of the interior of this converted wetwell to prevent the infiltration of groundwater. A 100% solid chemical resistant epoxy coating material is recommended. The proper operating volume for this wetwell will be based on pumping rates required to maintain a minimum 2 foot per second velocity in the force main. This volume is greater than the volume required to meet peak influent flow requirements. The preliminary operation levels of this wetwell will be discussed following pump discussion. The peak flow to the station has been estimated to be approximately 20 gallons per minute. The pumping rate required to provide a minimum velocity in the existing 4-inch force main of 2 feet per second is 80 gallons per minute. The velocity produced by this flow will be sufficient to prevent the deposit of materials within the discharge force main. Based upon preliminary head loss calculations, the total dynamic head required for this pump station is approximately 20 feet. The motor horsepower requirement to meet the flow conditions of 80 gallons per minute at 20 feet of head is approximately 1.9 horsepower. The minimum volume required in the wetwell for flow equalization and to allow the 80 gallon per minute pumps to run for cycles of approximately 10 minutes is 800 gallons. It is possible to provide this volume within the existing wetwell. The depth required to provide this volume in the 7' x 5' wetwell is approximately 3 feet. The existing arrangement of the mechanical equipment room and the nearby gravity collection manhole allows for the station to fill to a maximum depth of approximately 5.45 feet before the existing gravity collection system will begin to be surcharged. Other work required for the conversion of this site includes the construction of a valve vault with all isolation and pump check valves and emergency pump out connections, new control panel and radio telemetry unit and all necessary piping required to connect the new station to the existing 4-inch force main running west along the center of N.E. 1st Court. Recommendation Based on our observations of this project site and the determination of work required to complete the rehabilitation of lift station 9, it is our recommendation that the lift station be converted to a duplex submersible lift station. Preliminary Design Cost Estimate . The preliminary design cost figures are based upon the best available information and the assumptions and recommendation contained above for lift station 9. These preliminary cost figures reflect the work required to convert lift station 9 to a duplex submersible lift station. 'I Item Number Description Estimated Cost . 1 Demolition of existing mechanical equipment $ 2,500.00 2 WetweIl Conversion including interior cleaning, repair of all holes and cracks, filling the sump pit, grouting new inverts and interior coating $ 5,000.00 3 Precast concrete wetwell top $ 1,000.00 4 Valve vault, 5' x 5' interior $ 1,600.00 5 Plug valves and check valves $ 2,700.00 6 4" ductile iron station and station site piping $ 2,600.00 7 Data flow remote telemetry unit $10,000.00 8 Submersible pumps, rails, accessories access hatches, control panel & floats $12,800.00 9 Sitework including asphalt patch & sod $ 1,000.00 10 Miscellaneous construction requirements including bypass pumping, new vent piping, water service piping, miscellaneous electrical and miscellaneous concrete $ 5.000.00 Sub Total $44,200.00 Contingency at 10% $ 4.400.00 PRELIMINARY TOTAL COST ESTIMATE $48,600.00 215BO#9.008 ,. I --I NORTH I - I SCALE: 1/81 -1' -01 . hi Cf) h --; I~ W a u ~I u.. ~ I I I NEW I VALVE I I V A UL T I I 1411 PV I I I TIE TO I EXIST MECH ROOM EXIST FM (TO BE CONVERTED I INTO WETWELL) ~ I Cj J I :::. I I I I . ~NEW CONTROL PANEL I I I & RTU STATION D (bOYi @!r PROPOSED PROJ NO 215. BO EE ECKLER SITE PLAN ENGINEERING [ID~Il:.~A\i 1B3~A\(600 LI FT ST A 9 DATE DEe 20, 1991 '. ~. ~~--- ~.~.. -' ..... .. . -~~~~--._- . ~. /' : ~'; .-.~..... ~ - "......,.-.-;-;..< ~5.f:.~ :. -- _ _.,"'.... '.,'../... . . ~"...!'" ... t~.'~.~~~.. - . ' -.~~~~~.;~._..,~..~ -:. ..<:;: :: ,;~> The site of lift station 9 is located at the east end of N.E. 1st Court near the Atlantic Intracoastal WateIWay. \ . I /~,' ' . This interior view of lift station 9 shows the antiquated pot ejector type equipment. .,' PROJECT SITE NUMBER 2 - LIFI' STATION 19A . Existing Conditions Lift station 19A is an existing air pot ejector type station located just east of the Intracoastal WatelWay on Island Drive. This station is very similar in construction and operation to the previous lift station 9 site. This station selVes a small residential area of approximately 16 single family homes. The area selVed by this station does not appear to be the type of area where the seasonal population influx would effect the influent wastewater flows to this station. Inspection of this station revealed that the equipment contained is antiquated and requires a great deal of maintenance for the station to operate. The concrete walls of the mechanical equipment room of this station do appear to be less susceptible to groundwater infiltration than those of lift station 9. Mechanically, according to discussions with the City of Delray Beach personnel, the station requires an abnormal amount of maintenance compared to that which is normally expected of a standard duplex submersible lift station. The 4-inch influent line from the collection manhole to the pump station is too small and has a reverse slope. Plat data obtained for this area does not reveal the existence of any type of utility easement or right-of-way for this lift station site. It appears as though this lift station is located on private property or lot 27 of Delray Isle. One other constraint at this site is the electrical power selVice availability. Electric selVice available at this site is single phase power as would normally be expected for a standard residential neighborhood. Influent Flows This existing lift station site has no data telemetry system, therefore, recorded flow data was not available for our use to estimate the influent flows to the station. To provide a reasonable estimation of influent sewage flow, we assumed that each of the 16 residences selVed by this station would have a water demand of approximately 350 gallons per day per unit. Approximating 75% of the water demand would be returned as sanitary flow, this would equate to a sanitary flow of 262 gallons per day per unit. By multiplying this sanitary flow per unit by the number of units, the approximate influent flow to the station on an average day is 3 gallons per minute. Using a peaking factor of 4 times the average daily influent flow, the peak flow to the station has been estimated at approximately 12 gallons per minute. Rehabilitation Options Due to the geographical constraints of this site, namely the canal area just east of the service area which isolates the service area from the surrounding areas, total gravity sanitary sewer service does not appear to be economically feasible as a rehabilitation option. Therefore, this option was not investigated during the preparation of this design report. ., The most feasible option investigated for the rehabilitation of lift station 19A is to convert the existing operajion to a duplex submersible lift station. Conversion Recommendations The existing mechanical room can easily be converted into a wetwell to be used as an equalization basin for a duplex submersible lift station operation. This conversion will require the removal of all existing mechanical equipment, cleaning of the interior of the wetwell to remove all chemical and grease residue as well as any loose or spalled concrete, removal of the existing top of the structure and replacement with a precast concrete top and hatch rated for H20 traffic loading, construction of new inverts around the bottom of this vault and the coating of the interior for the prevention of groundwater infiltration. Due to existing elevation constraints, the effective operating volume of this converted wetwell will be 400 gallons. This volume will provide a pump cycle time of approximately 5 minutes at which the influent flows will dictate the station to operate approximately ten cycles per day. The influent flow calculations provided above indicate that the pumping requirements for this station are 12 gallons per minute. However, this flow rate does not provide the necessary velocities to prevent the settlement of solids in the discharge force main. In order to provide the minimum velocity required of two feet per second, a pump discharge of a minimum of SO gallons per minute is required. At a flow rate of SO gallons per minute, the total dynamic head to be overcome by the submersible pumps is approximately 20 feet. Based on this information, the pumping requirements for this station will have a capacity of SO gallons per minute at 20 feet of head and a horsepower of approximately 1.9. The rehabilitation of this station will require the installation of pump check and isolation valves. Typically these valves are assembled in a below grade precast concrete valve vault. However, there is not sufficient space available at this site to construct an adequately sized valve vault. Therefore, the required valving assembly will be constructed above grade on the northeast side of the wetwell. A connection for emergency pump out of the wetwell directly into the force main will also be provided as part of this above grade assembly. The above grade piping will be painted green and landscaping features will be used to obsure the piping from street view. This conversion and installation of new submersible pumps will require the installation of a new pump control panel. Along with this new pump control panel, a radio telemetry unit will be installed for the operation and data gathering of this station. Other work which will be required at this site to complete the conversion is the installation of a new vent line, relocation of the water service piping as required and the construction of additional 4-inch force main to tie the new station to the existing 4-inch force main and the installation of a new S-inch influent line from the terminal manhole to the new wetwell. . Recommendation . Based upon the only feasible option available for the rehabilitation of lift station 19A, it is our recommendation that this station be converted to a duplex submersible sanitary lift station. Preliminary Design Cost Estimate The preliminary design cost figures contained herein are based upon the best available information and the assumptions and recommendations contained above for lift station 19A These preliminary cost figures reflect the work required to convert lift station 19A to a duplex submersible sanitary lift station. Item Number Description Estimated Cost 1 Demolition of existing mechanical equipment $ 2,500.00 2 Wetwell Conversion including interior cleaning, repair of all holes and cracks, filling the sump pit, grouting new inverts and interior coatings $ 5,000.00 3 Precast concrete wetwell top $ 1,000.00 4 Plug valves and check valves $ 2,200.00 5 4-inch ductile iron station and site piping and 8-inch influent piping $ 4,000.00 6 Data flow remote telemetry unit $10,000.00 7 Submersible pumps, rails, floats, accessories, access hatches & control panel $12,800.00 8 Sitework including asphalt patch and sod $ 1,000.00 9 Miscellaneous construction requirements including bypass pumping, new vent piping, water service piping, miscellaneous electrical and miscellaneous concrete $ 5.000.00 Sub Total $43,500.00 Contingency at 10% $ 4,400.00 PRELIMINARY TOTAL COST ESTIMATE $47,900.00 215BO.009 The second option for rehabilitation of this lift station site is the complete replacement of the lift station with a new duplex submersible sanitary lift station. There is ample space remaining at this project site to allow for the construction of a new duplex submersible lift station to the west of the existing lift station 20A Preliminary calculations indicate that a wetwell with an inside diameter of 6-feet will provide sufficient storage volume to equalize the station influent flow for proper pump operation. Based on invert elevations of the existing manhole at S.W. 6th and S.W. 15th Avenue of 2.97 feet, the invert to the new wetwell structure will be approximately 2.92 feet. From this point, the operation control levels have been estimated to be as follows: high level alarm at elevation 2.42, lag pump "on", at elevation 1.42, lead pump "on" at elevation 0.42 feet and pumps off at elevation -2.08. The bottom of wetwell structure will be at -3.08. Existing elevations at the site indicate that the top of the wetweIl structure will be set at approximately elevation 16.16 feet which will provide a total wetweIl depth of 19.24 feet. The walls of this precast structure will be constructed of 8-inch reinforced concrete with a 28 day compressive strength of 4,000 psi. Located just to the east of the wetwell structure will be a new valve pit which will contain the pump discharge piping along with all required check valves, pump isolation valves and emergency pump out connection provisions. Based on influent flows discussed above and preliminary head loss calculations of 25 feet, the required pump horsepower for this station is approximately 3.0 to 4.5 hp. However, with more refined calculations during final design, we anticipate that this will be the minimum horsepower requirement and the maximum will be equal to or less than 7.5 horsepower. Other work required for replacement of lift station 20A is the construction of the new influent pipe, diameter lO-inches from the previously mentioned existing manhole to the new wetwell site. The work will also require the installation of a new control panel to be located at the far west end of the lift station site. The existing lift station 20A will be dismanted following the successful start-up of the new lift station 20A. Dismantling of the existing station will require the removal of all mechanical equipment, removal of the concrete top of the structure and backfilling the wetwell to grade with sand. The exterior concrete walls of the existing wetwell will be chipped away below finished grade. Recommendation Based on our obseIVations at the site and the determination of the work required to complete each of the various rehabilitation options, it is our recommendation that the best course of action is to completely replace lift station 20A Replacement of lift station 20A will alleviate all structural, mechanical and regulation problems currently affected by lift station 20A The total replacement will also allow for a more maintenance free operation of lift station 20A for many years to come. Preliminary Design Cost Estimate The following plleliminary design cost figures are based upon the best available information and the assumptions and recommendations contained above for lift station number 20A These preliminary cost figures reflect a total replacement of lift station 20A only. ." Item Number Description Estimated Cost 1 Demolition of existing lift station 20A $ 6,000.00 2 Precast Concrete Wetwell 6-foot inside diameter 19.25 feet of depth, 8-inch walls $ 9,000.00 3 Valve Box, 5' x 5' interior $ 1,200.00 4 Plug valves and check valves $ 3,000.00 5 6-inch ductile iron station and lift station site piping $ 4,000.00 6 Submersible pumps, rails, floats, miscellaneous wetwell accessories, access hatches and control pene! $14,000.00 7 Sitework, including sod, gate relocation and fence repair and asphalt pavement patch $ 3,000.00 8 10-inch influent piping, depth 10' to 12' $ 1,200.00 9 Miscellaneous construction requirements including water service piping, miscellaneous concrete, electrical and bypass pumping $ 6.000.00 Sub-Total $47,400.00 Contingency at 10% $ 4.700.00 PRELIMINARY TOTAL COST ESTIMATE $52,100.00 215BO.007 .. -1 NORTH - X SCALE : 11 = 5' I I . NEW CONTROL PANEL X & RTU STATION (- +- - ~ Xuir=X -- x x I X I I X RELOCATED HB GATE h NEW I W X I WET W I WELL :z ~ < en ~ I x Cf) I I ~ NEW 10" DIP I X NEW INFLUENT \D I VALVE I x 1 n W VAULT s: X I X I CJj I 411PV X I I B' SAN 1 I EXISTING LIFT STAT! ON X (TO BE ABANDONED) I TIE TO I EXIST I EXIST METER FM X I & RPV :z < en (TO REMA I N) ~ X X I x X X % I Ll- I to X I CbDii'W @[F PROPOSED PROJ NO 215. 80 FE ECKLER SITE PLAN ENGINEERING lID~Ib~A\W lBl~A\CbOO LIFT STA 20A DATE DEe 20, 1991 ,I Lift Station 20A ';;';-!t~~ '~::~~. ; - . ,(.j . < ~t;{:.'f'll! .... ,~ I' ~>;!iI"~:;',~'!" ..~"'.. ," ..:- '.' "~,..." .:;'i'~:/'~:",;'r.~~, . " 'I .' ~-\ '. +--. :"( . This photograph is of the lift station 20A site located at the intersection of S.W. 6th Street and S.W. 15th Avenue just east of Interstate 95. . ~ ;'1;' . \. ' ~, If 0- J f '.- \. ., .-1:, :..' ..~.~ .. .~- ,~' ~'~ I I. . . I ' '. ,"~~ I ... "~'I <. '. . . .. . . ...... ' .~ "':,;';'~,,.~. . -:-. ;.~. '",," ~~ ,. i . --~" ""'.~~ .~ ~... ...... . ~'. ~..:*... 'ft., " . .. ',. .... .... This interior photograph of the wetwell of lift station 20A shows the degradation of the concrete structure and the improper installation of the pump discharge valving within the wetwell. .. PROJECT SITE NUMBER 4 . LIFT STATION 23 ~ Existing Conditions Lift station 23 is an existing two pump can-type station located within the right-of-way of S. W. 22nd Avenue just north of S. W. 12th Court. This station selVes a typical residential area and the Abbey Delray area. The area seIVed by this station does not appear to be an area where the seasonal population influx would greatly effect the influent wastewater flows to this station. Inspection of this station revealed that the operation and the existing mechanical equipment is antiquated and requires a great deal of maintenance for the system to operate. This lift station site consists of a large wetwell structure constructed of brick with an adjacent below ground steel pump structure which houses the mechanical pumping equipment. Access to the pump can is by way of an access tube located on the inside of a large concrete vault. The station appears to be located completely within the right-of-way of 22nd Avenue. Electrical power currently available at this site is 220/440 volt, 3 phase, 60 hertz power which will be adequate for the rehabilitation of this project. The typical radio telemetry unit seen throughout the City of Delray Beach is presently in operation at this lift station site. The station is located a few feet south of the southernmost property line of Abbey Delray. The right-of-way of S.W. 22nd Avenue also ends at tbe southern property line of Abbey Delray. This information is according to plat data obtained for tbis station during the preliminary sUIVey phase of this project. Site constraints relative to construction at this project site are the change in grade from the Abbey Delray area to the S. W. 22nd Avenue area and the driveways of the two nearby entrances on the east and west side of the existing station. Influent Flows Preliminary influent flow determinations have been made for this lift station 23 site. The data used to determine the estimated influent flow to the station was that which is supplied by report #3, Derived Flow, from the existing telemetry operation of lift station 23. The average daily flow for the period of August 16, 1991 through August 18, 1991 was 131,791 gallons per day. The average flow for the period of November 15, 1991 through November 21, 1991 was 95,759 gallons per day. The combined average daily influent flow for these two periods is 113,775 gallons per day. We do not expect the average influent flow to this station to fluctuate due to the influence of seasonal populations. The higher daily influent flow equates to an average influent flow rate of 91 gallons per minute to the wetwell of the station. Based on the population of the area being relatively small, a peaking factor of 4 was selected as a ratio of average to maximum flow from the site seIVed by this lift station. The peak influent flow to the station is then equal to approximately 364 gallons per minute. ,. Rehabilitation Options Two possible options for the rehabilitation of lift station 23 were investigated to determine the best possible reliable sanitary sewer service option for this service area. The first option is to eliminate lift station 23 and flow the sewage influent by gravity north to the existing City of Delray Beach lift station 50. The second option is to convert this station to a duplex submersible sanitary lift station. Evaluation of Rehabilitation Options The first option investigated was the abandonment of station 23 and flow of the sanitary sewage by gravity to lift station 50. This option was evaluated during preliminary design surveying phases by determining the rim and invert elevations of the final collection manhole of lift station 23 and the final two manholes located on the north side of lift station 50. The existing rim and invert elevations at these three locations indicate that gravity flow from lift station 23 to lift station 50 will not be possible. However, during this investigation it was determined that a portion of the flow going to lift station 23 can be diverted to lift station 50. This would required the laying of approximately 140 feet of new 8-inch sanitary sewer collection piping on the north side of lift station 50. One other existing condition noticed during the gravity evaluation was the condition of the final manhole on the north side of lift station 50. The turbulent flows caused by force main discharge into this manhole have created a constant generation of hydrogen sulfide. The hydrogen sulfide has severely deteriorated the concrete walls of this final collection manhole. It appears as though this manhole can be renovated with the application of a gunite type cement finish followed by the application of a chemical resistant coating to prevent the attack of hydrogen sulfides on the concrete structure. Following consideration of the first option and determining that this option is not feasible for this lift station site, the second option evaluated was the conversion of lift station 23 to a submersible duplex type sanitary lift station. The rehabilitation of this station will require at a minimum the following work. The existing brick wetwell structure will require conversion work in order to provide for the installation of submersible sanitary pumping units. The conversion will require the removal of the top portion of the existing structure. Following the removal of the top slab of the existing brick wetwell, the interior of the wetwell will be cleaned to remove all existing solids deposits, grease and other chemical residues. Following cleaning, a new barrel section will be constructed to bring the existing wetweIl structure to grade. The existing inverts of this wetwell structure will then need to be regrouted in order to accommodate the installation of the new submersible pumping units. Following invert preparation, the interior of the existing brick walls will receive an application of chemical.:resistant gunite material similar to that manufactured by Sauereisen Cements. The application of this material will provide for additional structural stability as well as the prevention of groundwater infiltration and the corrosive effects resulting from the production of hydrogen sulfide. The final item remaining to be completed for the wetwell is the installation of a ,. u' new top slab with access hatch. This top slab and hatch will be constructed to provide for support of H-20 jype traffic loadings. The preliminary operation levels that have been calculated for this wetwell will be discussed following the pump discussion. Referring to the section on influent flows, the peak flow to this station has been estimated to be approximately 316 gallons per minute. Based on preliminary head loss calculations, the total dynamic head required for this pump station is approximately 25 feet. The motor horsepower requirements to meet the flow conditions of 364 gallons per minute at 25 feet of head is approximately 7-1/2 horsepower. This information is based upon the performance tables provided by Peabody Barnes. In order to provide proper flow equalization of the influent to the wetwell and to allow for the average pump cycle time to be approximately 15 minutes, the distance between the lead pump "on" and pump "off' setting will be approximately 2.5 feet. The lag pump "on" depth will be approximately one foot above the lead pump "on" depth. The high level alarm will be approximately .3 feet above the lag pump on level. The high level alarm is equivalent to the point at which the surrounding collection systems will begin to surcharge as a result of the high level in the wetwell. The conversion of this station will also require the installation of a valve vault to house pump check and isolation valves for the discharge piping of the system. This valve vault will be located just to the west of the existing wetwell structure. Proper location of this vault will require some demolition of the existing concrete access vault. The demolition work will include the removal of all mechanical equipment from the underground pump can. Following removal of this equipment, the upper precast concrete vault will also be removed. Once this vault has been removed, the lower portions of the pump can room will be punctured to provide for drainage and the can will be backfilled up to the point where the existing concrete vault structure begins. Once these items have been completed, it will be possible to install the proposed valve vault in this area. The new valve vault installation will also contain an emergency pump out connection. Other work required to complete the rehabilitation of this site includes the installation of a new control panel which will be located near the existing radio telemetry unit. Remaining mechanical work will involve aU additional 6-inch force main required to connect the new system to the existing 6-inch force main and the relocation of the potable water service. Recommendation Based on our observations at this project site and the determination of work required to complete the rehabilitation of lift station 23, it is our recommendation that the station be / converted to a duplex submersible lift station. Referencing the information stated above that describes the conditions of the sanitary collection system on the north side of lift station 50, we also recommend the rehabilitation of the final collection manhole at lift station 50 and the installation of the 140 feet of new 8-incb gravity sewer to divert flow from station 23 to station 50 in order to avoid a double pumping situation. . " Preliminary Cost Estimate The preliminary cost figures are based upon the best available information and the assumptions and recommendations contained above for lift station 23. These preliminary cost figures reflect the work required to convert lift station 23 to a duplex submersible lift station. These figures do not include the cost for the work recommended as described for lift station 50. We do anticipate, however, that the work recommended for lift station 50 would be about $12,000.00. Item Number Description Estimated Cost 1 Demolition of existing mechanical equipment room, removal of concrete vault and backfilling of equipment room. $10,000.00 2 Wetwell conversion including removal of top section, rehabilitation of the interior brick walls, regrout inverts, interior cleaning and interior coating. $15,000.00 3 Precast concrete wetwell top $ 2,000.00 4 Valve vault, 5' x 5' interior, 8-inch walls $ 1,200.00 5 Plug valves and check valves $ 2,800.00 6 6-inch ductile iron station and lift station site piping $ 4,800.00 7 Submersible pumps, rails, floats, accessories, access hatches and control panel $14,000.00 8 Sitework including asphalt patch and sod $ 1,500.00 9 Miscellaneous construction requirements including bypass piping, new vent piping, water service piping, miscellaneous electrical and miscellaneous concrete $ 5.000.00 . Sub Total $56,300.00 Contingency at 10% $ 5,600.00 PRELIMINARY TOTAL COST ESTIMATE $61,900.00 215BO.010 .. o I , ::t: -- D ~ - CD c:r: - -- o . z W -I -< U (f) X -X- -X- -X X- -X- X- -X- -X- 0 [ yNEW CONTROL PANEL NEW VALVE VAULT _1_ /_-, '\ I cb '\ I ( o ~\ I I J 61FU 't(// - ... , -/ ::..:: - EXIST WETWELL ~ EXIST VAULT, (TO BE CONVERTED ~ (TO BE FOR SUBMERSIBLE ~ REMOVED) PUMP USE) ~ Ln I I I ::..:: -I -< :x w CI (f) I u z o u , Ln S. W. 22ND A VENUE (b n Vi @[F PROPOSED PROJ NO 215.80 ~ ECKLER SITE PLAN Lf::. ENGINEERING lID~l1.~A\i m~A\(bOO LIFT STA 23 DATE DEe 20, 1991 '. ~. . . ..~.."~ l~ .T- .. - ~...: ~ ~ -- ~ -' ~~~':'-;:""";':' .~,~, .";', -. -.~~,~...:, . ~ "-,> .. " ' . .,,' ~ ~"'. '-' This site is located in the right-of-way of S. W. 22nd Avenue just north of S. W. 12th Cou rt. This interior view of the pump can of lift station 23 shows the rusting and corroded areas of the rim as well as the old equipment currently in service. '. PROJECT SITE NUMBER 5 - LIFf STATION 32 Existing Conditions Lift station 32 is a two pump submersible conversion station located at the intersection of Gardenia Drive and Boone Drive. A more specific location for this station is 914 Gardenia Drive. Originally, this station was an air pot ejector type and has since been converted to the current submersible duplex operation. The station serves a residential area of single family residences and small multi-story condominium units. The condominium units appear to be seasonal which creates additional influent wastewater flow during the winter months. Inspection of this station revealed that the submersible conversion was completed by the removal of the air pot ejector equipment and the installation of submersible pumping units in the four foot diameter access manway of the structure. By doing this, the pump installations are very crowded and require that the pump discharge piping and valving be located in the wetwell structure. The structure appears to be in good shape structurally, however, there are some minor spalled areas and other minor cracks which will need to be repaired. Mechanically, according to discussions with City personnel, all mechanical and electrical features on the interior of the wetwell are in need of replacement. The rehabilitation of this lift station should also address conditions of the existing operation which do not conform to state and local regulations. All discharge valving from the submersible pumps is located within the wetwell and there are no provisions for emergency pump out connections. One other item which needs to be addressed during the rehabilitation of this station is the location of the existing radio telemetry unit and pump control panel. These items are located in very close proximity to Gardenia Drive and should be relocated to the south side of the wetwell structure. During preliminary survey work at this project site, it was determined by review of available plat data that the right-of-way of Gardenia Drive is 50 feet wide. The location of this station as determined by survey crews in the field during the preliminary surveying phase indicates that the existing mechanical features of this station are located within the 50-foot right-of-way of Gardenia Drive. Influent Flows Preliminary influent flow determinations have been made for this lift station 32 site. The data used to determine the estimated influent flow to the station is that which is supplied by report 3, Derived Flow, from the existing telemetry operations of lift station 32. The average daily flow for the period of November 15, 1991 through November 21, 1991 was 31,105 gallons per day. The average flow for the period of November 29, 1991 through December 12, 1991 was 32,809 gallons per day. The combined average daily influent flow for these two periods is 31,957 gallons per day. We do expect the influent flows to this station to increase with the arrival of seasonal residents during the winter months. In order to estimate this influent sewage increase, we have increased the influent flow by 40%. This equates to an average daily influent flow rate of approximately 31 gallons per minute. Based on popuhltion of the area being in the range of 1,000 to 2,000 residents, a peaking factor of 4 was selected as a ratio of the average to maximum flow from the site served by this lift station. The peak influent flow to the station is then equal to approximately 125 gallons per minute. Rehabllftation Options Two options were investigated for the rehabilitation of lift station 32. These options were the total replacement of lift station 32 or the renovation of lift station 32. The renovation work would consist of corrections to the existing submersible system as far as proper pump installation and to bring the station into compliance with the current regulations. Evaluation of Rehabilitation Options The first option is to replace lift station 32 with a new submersible duplex sanitary lift station. The location of this station with respect to the existing Gardenia Drive and the nearby residences would make this option difficult to complete. The project site is small and would not accommodate the installation of a second lift station adjacent to the existing lift station. The replacement option would require the total demolition and removal of the existing lift station 32 and replacement with a new lift station. It is anticipated that the removal of the existing lift station would require the substantial renovation of the surrounding area including portions of Gardenia Drive and the majority of the nearby private concrete driveway. The second option investigated for the rehabilitation of lift station 32 was the renovation of the current submersible operation. The work required to complete this renovation includes the renovation of the existing wetwell, installation of new pumping equipment, construction of a new valve pit, installation of a new pump control panel and relocation of the existing radio telemetry unit. More specifically, the requirements of this work are as follows. The renovation of the existing wetwell requires some demolition of the existing structure. The demolition will include the removal of the 4-foot diameter entrance tube and the roof slab of the existing converted mechanical room. Following this work, new barrel sections would be installed to bring this wetwell area back to grade. The barrel sections would be the full diameter of the equipment room rather than the small diameter as being utilized now for the pump installation area. The interior of the wetwell would be thoroughly cleaned to remove all solids, grease and other chemical residues that have accumulated in the station. The existing inverts at the bottom of the station would have to be reconstructed in order to accommodate the new pump installation locations. During the regrouting of inverts, all holes, cracks and other spalled areas of concrete on the interior of the wetwell will also be patched with a grout type material. Following all grouting operations the interior of the wetwell will then be coated with a material to prevent the infiltration of groundwater and to protect the interior concrete walls from the corrosive .. effects of hydrogen sulfide. The final item of work to properly convert this wetwell is the installation of a new precast concrete top and access hatch. As stated above under influent flows, the peak influent flow to this station is 125 gallons per minute. However, a pump flow at this rate will not produce the required minimum two foot per second velocity in the existing 6-inch force main. Therefore, pumping rates from this station will need to be increased to a minimum of 180 gallons per minute. The velocity produced by a flow at this rate will be sufficient to prevent a deposit of materials through the existing force main. This increased flow requirement will require more storage capacity in the wetwell to provide for a uniform pumping rate. This required capacity for the effective wetwell volume is approximately 385 gallons. The existing elevations of the bottom of the station as well as influent piping inverts are sufficient to provide this storage volume. Based on preliminary head loss calculations, the total head which will be needed to be overcome by the pumps in the station is approximately 30 feet. The anticipated horsepower required to meet these pumping conditions is 7-1/2 hp. The renovation of this station will require the installation of new pump check and isolation valves. Typically these valves, along with an emergency pump out connection, would be installed in a precast concrete vault adjacent to the wetwell structure. Due to site dimension constraints, the installation of an appropriately sized valve box would encroach on the nearby private concrete drive. The appropriately size valve box of interior dimensions 5' x 5' allows for ease of valve installation and maintenance, but will require encroachment into the existing drive. There are other possible options. One is to decrease the size of the valve box. This option will remove the vault from the drive area, but will increase valve installation and maintenance problems due to space constraints. A third option is to install the valving above grade as described in lift station 19A Our recommendation is to construct the proper valve vault. The impact on the property owner's drive can be minimized by setting the top at the driveway grade and installing an H20 load bearing hatch. A final decision on this .can be made during the discussion of this design report or during the final design phase. . The final determination must address the property owner's concerns as well as installation, operation and maintenance. Another feature which will require minor renovation work is the installation of a new pump control panel and the relocation of existing radio telemetry unit and antenna system. These items need to be moved to the south side of the renovated wetwell structure and adjacent to the sputhernmost right-of-way line of Gardenia Drive. Minor work which will be required to complete the work at this project site will include the relocation of the existing potable water service piping, additional6-inch force main required to connect the new system to the existing 6-inch force main, the repair of damaged driveway and roadway pavement areas and all required landscaping work. . Recommendation . Due to the site constraint limitations such as the close proximity of Gardenia Drive and the nearby residences, we recommend that this station be renovated as described above. However, the renovation of this station is nearly a total reconstruction which would be similar to that which was recommended for lift station 20A Design Cost Estimate The design cost figures are based upon the best available information and the assumptions and recommendations for lift station 32. These preliminary cost figures reflect the work required to rehabilitate the existing duplex submersible pump operation of lift station 32. The cost of rehabilitating this pump station is as follows: Item Number Description Cost Estimate 1 Demolition of upper portions of existing wetwell and removal of all mechanical equipment $10,000.00 2 Wetwell conversion including new additional barrel sections, repair of all cracks, holes and spaUed concrete, grouting of new inverts, interior cleaning and interior coating $10,000.00 3 Precast concrete wetwell top $ 2,000.00 4 Valve vault, 5' x 5' interior, 8-inch walls $ 1,200.00 5 Plug valves and check valves $ 2,800.00 6 6-inch ductile iron station and lift station site piping $ 2,400.00 7 Submersible pumps, rails, floats and accessories, access hatches & control panel $14,000.00 8 Sitework including asphalt pavement patch, concrete drive repair and landscaping $ 2,000.00 10 Miscellaneous construction requirements including bypass pumping, water service piping, miscellaneous electrical and miscellaneous concrete $ 5.000.00 Sub Total $49,400.00 Contingency at 10% $ 4.900.00 PRELIMINARY TOTAL COST ESTIMATE $54,300.00 '. -I NORTH - I I SCALE: tle'-i/-O' . I I I I CONCRETE ~ I I ~ I gs IZ -< en ~ Co ~ RELOCATED I ~ RTU STA W ~ 0::; I ~ I CJ EXIST WETWELL NEW CONTROL 0 (TO BE REHABILITATED) PANEL 8' SAN a'SAN I CONCRETE Z I~ Co 10'WM ::JC to I (6D'ii'\'1 @/F PROPOSED PROJ NO 215. 80 FE ECKLER SITE PLAN ENGINEERING @(gll..~~\'1 lBJjg~(61J{1 LIFT STA 32 DATE DEe 20. 1991 ,. Lift Station 32 ~ .. ,-._. .~~~. r '. " . ',.."," . , . ..~ ::~.' ,; ~~. ,,' '~';:,:.:~~: .:'.:.t':;~:';~, ~: ...... '::~~'~,i~7;\;L." . '''-... . , ". ,,', , ~ _.-. ..... . ".". ;~""" ',"'., .-':....~a4.~.r. -.... ., "..r-c." '. L~', . -,. ........ "..~'" ". . '." .... .', .,-,,,0-.'''' '" T'" . '.~ This photograph shows the existing lift station 32 site at 914 Gardenia Drive. " . \ .-',", \ \ \ \ \ - I - - ... , , .;. \j ! ," ,-'" '\ ..,,~ ,," ...- , ~..... . . -~ r ' ... . I . - . ~~"... ! t.t ' ''1 / ., .:,~ - ~.,. ....:..~~'~. .~~,. _I.~ ~. ~. .~', \. : .w;" ") _ ... "...: This interior view of the wetwell of station 32 shows the improper crowded instaJJation of the pumping unit in the small 4' diameter access way to the wetweIl. 'f CONCLUSION . The following is a station by station summary of the rehabilitation recommendations and preliminary cost data contained in this report. Lift Station 9 Recommendation: Convert existing air po't ejector station to a duplex submersible lift station. Preliminary Cost Estimate: $48,600.00 Lift Station 19A Recommendation: Convert existing air pot ejector station to a duplex submersible lift station. Preliminary Cost Estimate: $47,900.00 Lift Station 20A Recommendation: Total replacement of existing station with new duplex submersible lift station. Preliminary Cost Estimate: $52,100.00 Lift Station 23 Recommendation: Conversation of existing pump can station to a duplex submersible lift station. Preliminary Cost Estimate: $61,900.00 Lift Station 32 Recommendation: Rehabilitation of existing duplex submersible operation to provide more' efficient operation and to meet regulatory standards. Preliminary Cost Estimate: $54,300.00 Based on the recommendations and preliminary cost estimates described above, the total preliminary cost estimate for this project is $264,800.00. " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS .t- FROM: CITY MANAGER .'v SUBJECT: AGENDA ITEM ~ 9 . ~. - MEETING OF APRIL 14. 1992 AWARD OF BID-GULFSTREAM BOULEVARD BEAUTIFICATION DATE: April 10, 1992 This item is before you to disqualify the low bidder, waive the City's claim for the 5% bid security for Triple A, and award the bid to Florida Blacktop, Inc. for the installation of landscaping materials in the medians on Gulfstream Boulevard between Seacrest Boulevard and Dixie Highway. The low bid was submitted by Triple A Irrigation and Landscape. We have since received a letter from them asking that they be released for the bid on the above project. The basis for this request is that Triple A misunderstood what was said at the pre-bid conference and therefore left some of the miscellaneous items out of the bid. Additionally, they have requested that their bid bond of $594.67 be returned. Staff has reviewed this request and recommends that Triple A Irrigation and Landscape's bid be disqualified and that the City waives it's claim for the surety. Additionally, staff recommends that the bid be awarded to the second low bidder, Florida Blacktop, Inc. in the amount of $15,490. Recommend disqualification of low bidder, Triple A Irrigation and Landscape; waiver of the City's claim of $594.67 surety; and award the bid to Florida Blacktop, Inc. in the amount of $15,490 with funding from 1987 Utility Tax - Gulfstream Boulevard (Account No. 333-4141-572-61.38). " . . M E M 0 RAN DUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ I~ Administrative Services FROM: Ted Glas, Purchasing Officer ~/r DATE: April 8, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 14, 1992 - BID AWARD - BID # 92-32 GULFSTREAM BOULEVARD - LANDSCAPING Item Before City Commission: The City Commission is requested to award a contract to Florida Blacktop Inc. , at a total cost of $15,490. Per the Finance Department, funding is from: ( ) . Background: Funds were allocated in the FY 91-92 budget for landscaping of Gulfstream Boulevard. A total cost of $ was budgeted for this project. Scope of Service - Installation of landscaping within the medians on Gulfstream Boulevard (between Seacrest Boulevard and Dixie Highway). Bids for this project were received on March 27, 1992, from five(5) contractors, all in accordance with City purchasing procedures. (Bid #92-32. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The low bid was submitted by Triple A Irrigation & Landscape. Their bid has deficiencies as outlined in memo from City Horticulturist/Special Projects Coordinator, and letter from Triple A. Recommendation: Staff recommends (1) Disqualify the low bidder, Triple A Irrigation & Landscape, due to apparent bid deficiency. (2) Waiver of the City's claim for the 5% bid security. (3) Award the contract to second low bidder, Florida Blacktop, Inc., at a cost of $15, 490. Funding as outlined above. Attachments: Tabulation of Bids Memo from Community Improvement Letter from Triple A Irrigation & Landscape pc: Lula Butler Nancy Davila " ... M E M 0 RAN DUM To: Ted Glas, Purchasing Administrator From: Nancy Davila, Horticulturist/Special Projects Coordinator ~~ Re: RECOMMENDATION FOR AWARD OF BID # 92-32 GULFSTREAM BOULEVARD - LANDSCAPING Date: April 8, 1992 I have reviewed the bids for the installation of the landscaping for Gulfstream Boulevard and recommend that the bid be awarded to Florida ---- - Blacktop Inc., the second lowest bidder, in the amount of $15,490.00. The lowest bidder, Triple A Irrigation, has asked that they be released from the bid, in that, they had misunderstood information given at the pre-bid meeting relative to additional fill needed in the medians. Triple A has submitted a letter requesting that they be released from the bid, and further requesting that the City waives their claim for the surety, which was 5% of the bid amount ($11,893.50) which amounts to $594.67. In speaking with Jeff Kurtz, City Attorney, he indicated that the following action would be needed by the City Commission: l. Disqualify the lowest bidder, Triple A, due to apparent bid dificiency. 2. Waiver of the City's claim for the 5% surety. 3. Award the bid to the second lowest bidder. , Florida Blacktop, Inc. , I initially had some concern as to whether Florida Blacktop would be elligible for the bid, since we restrict the amount that can be subcontracted to 20% of the job. Florida Blacktop has stated that they have a landscape division within their company and has supplied a payroll listing that appears to substantiate their ability to perform the landscape work 'in house' . Florida Blacktop was the Contractor who did the road work and landscape installation at the Del-Ida Traffic Intersection, and we have no complaints with the work that was done. ,. (') -t ()\ (J1 tN ~I ~ ::I .:. N D 0 0 . ,= fT1 ::0 ::I -t ::I (') .., ::I I> :c fT1 r Z 3"""I> NlD ro N(/) tN3 ....::0 0 N -t r C::OO ....I> D~ ':'''0 (J1D 00 fT1 -J . 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J 992 <';Jty 1)[ Delray Buaeh Al'TN: Nancy Dt!'Jllla WO NW Itll Ave I)d ray Bcdch, }"L j3444 Kc: l1uJlstrcant l\oul~VdtU untll:Jcapc Bid De'IH Nttnt:)' I 1nis letter is u request to be released from our bid on the dbvve projc~'l. We misunderstood what was said at the pre bid conference and therefore left some or the miscellaneous items out of our bid. We would appreciate being allowed to withdraw our bid without prejudice and have our bid bond returned. We look forward to the time when we can work w1lh you agall1. 1 I:cmall1, fH nc\.'rl'ly I ~J.~~-:J~t> E~ R. 5amue 80 ._..~ I'l'e"tdenl. 11 dQR PiArAnn RI1 C?7 . (:nmmart"'A &.1!:l1r" . \J\JA~t ~alm RoOl"'~ C:I ~ .~ A I A " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS r FROM: CITY MANAGER - rJ SUBJECT: AGENDA ITEM i 'f H - MEETING OF APRIL 14. 1992 MODIFICATION TO THE INTERLOCAL AGREEMENT/TRAFFIC SIGNALS DATE: April 10, 1992 This item is before you to discuss and provide direction to staff with regard to a proposal from Palm Beach County to modify the 1987 interlocal agreement with the City to provide that the City will pay for the installation of new traffic signals. The agreement currently in place, a copy of which is attached, provides that the County will install and maintain these signals at no cost to the municipality. Under the proposed modification the City would be responsible for payment for any new traffic signals which are required to be installed. Palm Beach County would continue to fund the maintenance of all existing traffic signals and the maintenance of new ones. On one hand, this could be considered a matter of little consequence since we do not foresee a need for additional signals except at Germantown Road and Linton Boulevard. However, each signal does cost $40,000 - $50,000, and the County has agreed to pay these costs. On the other hand, if we take back this responsibility, then we regain more control over our own destiny. If we take it back, we need to get something in return from the County. I recommend responding that we would be willing to take back responsibility for paying these costs if the County would extend the current agreement on allocation of gas tax revenue for another ten years. '. - . . " ,-,I _.I '-';/~,-.':~ Board of County Commissioners PLANNING AND ENVIRONMENTAL " <;~ L ~ SERVICES: Please comment. D. ~ Karen T. Marcus, Chair , (j~ c..~ r1,.)J j n Carole Phillips, Vice Chair CITY CLERK: Schedule fo~ 3/. ~ C I A R b t meet~ng. 'l~~. aro . 0 er s ." '01 J. Elmquist wdl ~ d.w,u/~.IA.. @ ,dry McCarty .,/2fc DSK(, TJ1t.3b, Ken Foster Maude Ford Lee EO March 10, 1992 liAR 121992 CiTy M. ~NAGER'(\ " OFFICE David T. Harden City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Dear Mr. Harden: I am sure you know there exists between Palm Beach County and the City of Del ray Beach an Interlocal Agreement concerning responsibility for traffic signals, whereby Palm Beach County maintains and installs these signals at no cost to the municipality. As part of a program to address the significant deficit from the 1992-1993 budget, it has been suggested that this agreement be modified such that each municipality would accept the responsibility for payment for any new traffic signals which are required to be installed. Palm Beach County would continue to fund the maintenance of all existing traffic signals and the maintenance of new traffic signals after they are installed. It is respectfully requested that you provide me with your position concerning this proposal. For your information, a similar letter is being sent to all municipalities having similar agreements with the County. Your cooperation and assistance in this matter would be greatly appreciated. s~~ Robert Weisman County Admi n is t rator , " ~_ J" RW:te " ..~""";?~\. .....:"!~ \'- ,,:\ \\ , ,-..\t',' '\ \', \~ ~'.' ~ .,.,.. ('''''' \~ .. \I,) :..-.;.. (..::.:~ ,-." cc: George 1. Webb, P. E., County Engi neer . ......,.,'. ,~,\','~/ - Charles R. Walker, Jr., P.L, Acting Assistant County\~ng.ineer ,.~...'ti~7.. \ .,' . \...'V . \: \,./;,;:. \~',(\ Ii' "':', ,...' ,'"", ", .'_;-~\ \. \. . ,..,_1 \\'. . " ''-. \ , yo.' ....", , <....1 .. :\n Equal Opportunity - ,,\Hirm.nivc ;\l:tion Employcr" BOX 1989 WEST PALM BEACH, FLORIDA 33402-1989 :1f1n1ed on recvcled DaDer " . , . County Administrator Board of County Commiaionen Jan Winters Carol A. Roberts, Chair Oepartment of Engine, . Carol J. E1nquisto~ - _,: ,. and Public Works Karen T. Marcus . H. F. Kahlert Dorothy Wilken County Engineer Kenneth M. Adams March 24, 1987 r \ '41 4/, Commissioner Carol A. Roberts APPROVEO BY aOARD MIl.R 2 4 1987 _~) Chair and Members of the Board of County Commissioners .........- SUBJECT: RESOLUTION - AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH TO PROVIDE CERTAIN TRAFFIC ENGINEERING SERVICES, AND FOR PALM BEACH COUNTY TO ASSUME THE MAINTENANCE OF TRAFFIC SIGNALS WITHIN THE CITY OF DELRAY BEACH. COMMISSIONER DISTRICT NUMBER 4 Commissioners: The City of Delray Beach has requested Palm Beach County to provide certain traffic engineering services and to assume responsibility for the installation and maintenance of traffic signals within the City of Delray Beach. A Traffic Engineering Agreement accomplishing this request was executed by the City of Delray Beach on January 13, 1987, and is attached hereto. The primary points covered in this agreement are as follows: 1. Palm Beach County wi 11 have jurisdiction for traffic control on County roads within the City of Delray Beach. 2. Palm Beach County will assume the responsibility for maintaining and installing traffic signals within the City of Delray Beach. 3. The City of Del ray Beach agrees to coordinate with Pal m Beach County the review of all developments which would generate any traffic impact of consequence on major roadways. 4. The City of Delray Beach will provide Palm Beach County financial support in the amount of $40,000.00 annually for a period of five years. Once these payments are made, no further remunerat i on wi 11 be required of the City. The reasons that this agreement is being recommended for approval are as follows: 1. This is a continuation of the. Board's policy adopted on April 16, 1977 , which states "Palm Beach County is to assume the responsibility for construction and maintenance of signals within municipal limits subject to a rec i proca 1 agreement by which the municipality relinquishes control of the respective transportation facility." Palm Beach, County currently has similar agreements with twelve (12) municipal Hies, and currently has jurisdiction over most of the traffic signals within the County with the exception of the City of Belle Glade, The City of Boca Raton, and the Town of Palm Beach. .. An Equal Opportunity - Affirmative Action Employer BOX 2429 WEST PALM BEACH, FLORIDA 33402-1989 (305) 684-4000 " Commissioner Carol A. Roberts March 24, 1987 - page 2 2. The traffic signal installation and maintenance function is one which can be readily and efficiently accomplished at the County level and is a service which Palm Beach County can logically provide to the Cities as a counter to the "dual taxation" issue. 3. The Florida Department of Transportation has scheduled and prel iminarily funded $4 million over the next five years for the installation of a county-wide, centralized, computer-controlled traffic signal system. It is the recommendation of the consultant's report that Palm Beach County be the responsible agency for the operation of this county-wide system. A R~solution approving this Agreement has been prepared and attached to this letter. It is respectfully requested that the Board of County Commissioners adopt the Resolution and execute the Agreement. Sincerely, H. F. Kahlert, P.E. cOUnvngineer . ~ HFK:CRW:CRM:tg Attachments: Intergovernmental Agreement Resolution . " APR 8'1981' .. County Administrator Board of County Commi..ionen Jan Winters Carol A. Roberts, Chair Department of Enginer Carol Elmquist and Public Works Karen I. Marcus H, F. Kahlert Dorothv Wilken . County Engineer Kenneth M. Adams April 4, 1987 Gerald Church, P.E. City Eng i neer City of Delray Beach 100 N.W 1st Avenue Delray Beach, FL 33444 RE: AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH TO PROVIDE CERTAIN TRAFFIC ENGINEERING SERVICES, AND FOR PALM BEACH COUNTY TO ASSUME THE MAINTENANCE OF TRAFFIC SIGNALS WITHIN THE CITY OF DELRAY BEACH Dear Mr. Church: Enc 1 osed for your fi 1 es is a fully executed copy of the Intergovernmental Agreement and Resolution No. R-87-472 regarding the above-mentioned subject. Palm Beach County will formally accept responsibil ity for the maintenance of traffic signals in the City of Delray Beach under this Agreement commencing April 6, 1987, at 7:30 AM. Please provide me with documentation concerning the credit for signalization improvement contracts which have been entered into by the City to obta in credit against the Forty Thousand Dollar ($40,000) annual payment referenced in Paragraph 7 of the Agreement. We look forward to providi ng traffic engi neeri ng services to the City of De 1 ray Beach. It is our intent to work closely with you and your staff so that we may be responsive to the City's needs, desires and priorities. If you have any questions concerning this matter, please do not hesitate to contact us. Sincerely, OFFICE OF THE COUNTY ENGINEER ~; ~Jl / Ji it ~,. -,' l \..- ~---. ~ Charles R. Walker, Jr., P.E. ~~~ Director - Traffic Division CRW:kmw ~--~~ Enclosures: Copy of Resolution and Intergovernmental Agreement ~,/~ cc: File - Municipality "Delray Beach" .. An Equal Opportunity . Affirmative Action Employer BOX 2429 WEST PALM BEACH, FLORIDA 33402-1989 (305) 684-4000 ,. II RESOLUTION NO. R-87-472 . RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY. FLORIDA APPROVING INTERGOVERNMENTAL AGREEliENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH TO PROVIDE TRAFFIC ENGINEERING SERVICES DESCRIBED IN THE ATTACHED AGREEMENT ADOPTED March 24, 1987 " WHEREAS, Palm Beach County, a pol itical subdivision of the State of Florida is authorized by Section 125-01 ( 1) (p) of the Florida Statutes to enter into agreements with other governmental agencies for the performance of governmental functions by one unit in behalf of the other; and WHEREAS, the Municipal ity of the City of Del ray Beach has requested the County assume certain traffic engineering functions and responsibil ities within the municip~l limits and has executed the necessary agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY Cor'1M I SS lONERS OF PALM BEACH rOUNTY, FLORIDA: Section 1: This Board binds and adopts the foregoing recitals. Section 2: The Intergovernmental Agreement whereby Pa 1 m Beach Coun ty assumes certain traffic engineering functions and responsibilities, a copy of which is attached hereto and made a part hereof and incorporated by reference herein, is approved, and the Chairman of the Board of County Commissioners and the Clerk of the Board are authorized to execute said agreement on behalf of Palm Beach County. The foregoing Resolution was offered by Commissioner Wilken . who moved its adoption. The motion was seconded by Commissioner Marcus . and upon be i Ilg put to a vote, the vote was as follows: Carol A. Roberts - AYE Carol J. Elmquist - AYE Karen T. MarclIs - AYE Dorothy Wilken - AYE Ken:1eth M. Adams - AYE The Chairman thereupon declared the Reso 1 ut i on dul y pas sed and adofJ t ed this 24th day of M~Tt""h , 19 aL. PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS ~? B. DUNKLE, Clerk By: \j C'~CL. '-IYl t'j7ddClt~/J By: ~ - (/County .At-tor ey Deputy Clerk J '. . INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH, FLORIDA WHEREBY PALM BEACH COUNTY WILL PROVIDE CERTAIN TRAFFIC ENGINEERING SERVICES TO THE CITY. THIS AGREEMENT, made and entered into this __________ day ofM~~_~_~~~8J_, A.D., 19__, by and between: THE BOARD OF COUNTY COMMISSIONERS OF PALM BEAC H COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the WCountyW; and THE CITY OF DELRAY BEACH, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the WCity". WIT N E SSE T 8: WHEREAS, Section 316.006(2), Florida Statutes, grants municipalities original jurisdiction over all streets am' highways located within their boundaries, except State roads, and grants said municipalities authority to place and maintain traffic control devices which conform to the Manual on Uniform Traffic Control Devices for Streets and Hiahwavs and specifi- cations of the State Department of Transportation upon all streets and highways under their original jurisdiction, as they shall deem necessary, to indicate and to carry out the prov i- sions of Chapter 316 or to regulate, warn, or guide traffic: and WHEREAS, the County presently has traffic engineering expertise and technical capability as authorized by Section 316.006(3), Florida Statutes; and t~2~" '. 2 . WHEREAS, the County has determined that centralizing the installation, operation, and maintenance of traffic control devices on the major roadways throughout Palm Beach County, Florida, in one responsible governmental entity is the most economical and efficient means of providing such needed services: and WHEREAS, in furtherance of the centralization of mutual traffic functions, the City has agreed to transfer and the County has agreed to accept certain authority, powers, responsibilities and duties as enumerated herein formerly exercised by the City pertaining to the planning, installation, operation and maintenance of traffic control devices on certain roadways and s ignali zed intersections in accordance with the terms and conditions of the Agreement: and WHEREAS, the City will provide the financial assis- tance for a transition period as described below: and WHEREAS, Palm Beach County will add one Engineering Assistant I pos it ion to its staff to assist Palm Beach County in accommodating the additional engineering duties conferred on Palm Beach County by this agreement: and WHEREAS, as a part of the consideration for the entering into of this Agreement, the County has agreed to assume the current :funding obligation for the continued operation of the traffic design and signalization responsi- bilities transferred hereunder, pursuant to the terms of this Agreement: and WHEREAS, Section l25.0l(p) , Florida Statutes, authorizes the County to enter into agreements with other governmental agencies within or outside Ithe boundaries of the ., 3 . County for the performance by the County of certain of the City's authorized functions. NOW, THEREFORE, IN CONSIDERATION of the premises and mutual covenants hereinafter contained, the parties do agree as follows: l. TRANSFER OF FUNCTIONS AND DUTIES The City agrees to transfer to County, and the County agrees to accept and perform the fOllowing functions and duties on certain major roadways and signal ized intersections as listed in Section 2 of this Agreement in order to protect the welfare of the public, which functions and duties were formerly performed by, or the responsibility of the City. (a) Install stop or yield signs necessary to govern traffic. (b) Maintain, operate and upgrade as necessary existing traffic signals. (c) Install, maintain and operate new traffic signals where warranted (City Counc il approval will be required prior to the installation of a traffic signal at the intersection of two City streets), and City Counc il approval will be required prior to the removal of any traffic signal covered by this Agreement. (d) Prohibit or restrict traffic movements including left, right and U-turns. (e) Install and maintain traffic markings including crosswalks, safety zones and traffic lane striping. (f) Designate one-way streets. " 4 . (g) Establish no-parking, no-standing, and no-stopping regulations; provided, however, the City shall retain the right to designate on-street parking areas within the City's limits and the County shall have no jurisdiction or control thereof except for the purposes of safety only, in which event the County shall have the power to modify, reduce or eliminate any on-street parking on the roadways affected by this Agreement7 and provided further that the City's authority shall extend to, but shall not be 11mi ted to, the installation and removal of parking meters, the rates charged therefore, and the regulation of parking times. (h) Establish emergency and experimental regulations. ( i ) Establish on-street truck and passenger loading zones. (j) Establish speed limits. (k) Establish no passing zones. (1) Establish traffic control guidelines for all . roadway construction and maintenance operations. (m) Prohibit use of streets by trucKs. (n) Establish bridge loading restrictions. The County shall perform the above described functions and duties provided, however, the County may assign to its Division of Traff ic Engineering or any successor division which may be created, such ministerial tasks as it deems appropriate. The County shall be fully responsible for all items delineated in paragraphs (a) through (n) above, and the City shall have no .. 5 . duties or obligations whatsoever with regard to iten, delineated in paragraphs ( a) through (n) above provided however that the City spec ifically reserves the right to regulate parking within its jurisdiction. The City's authority shall extend to, but shall not be limi ted to, the installation and removal of parking meters, the rates charged therefore, the regulation of parking times, and the regulation of parking along the various thoroughfares within the City. Any such regulation shall conform with traffic engineering standards which prescribe minimum distances from intersections and traffic ways. All signs, signals, and markings and the placement thereof shall be in conformance with the Manual on Uniform Traffic Control Devices for Streets and Hi9hways published by the State Department of Transportation. 2. ROADWAYS AND INTERSECTIONS AFFECTED The transfer of functions and duties desc ribed in Section 1 above shall apply to all signalized intersections and the following roadways: BQMl LIMITS (a) Linton Boulevard Within City Limits (b) Congress Avenue Within City Limits (c) Swinton Avenue Within City Limits (d) Old Germantown Road Congress Ave. to West City Limits (e) Old Germantown Road S.W. 10th Street to Linton Blvd. (f) Lake Ida Rd/N.E. 4th Ave. West City Limits to U.S. U (g) Barwick Road Within City Limits (h) Old Dixie Highway Within City Limits (i) N.E. 8th Street From U.S. .1 to A-I-A (j) N.E. 2nd Avenue N.E. 8th St. to N. City Limits 6 . ( k) N.E. 22nd Street Swinton Ave. to N.E. 2nd Ave. (1) Military Trail Within City Limits At such time that any roadway within the City which is currently the jurisdiction of the State of Flor ida or the City is turned over to the County for maintenance and the County receives written notification thereof from the City, then that roadway shall be considered included in this Agreement. The existing signalized intersections affected follow: (a) N.E. 22nd St. , Seacrest Blvd. (b) N.E. 14th St. & U.S. tl (c) N.E. 8th St. , N.E. 2nd Avenue (d) N.E. 8th St. & N.E. 5th Avenue (e) N.E. 8th St. , N.E. 6th Avenue (f) N.E. 8th St. & SR-AIA (N. Ocean) ( f) N.W. 4th St. , Swinton Avenue (h) N.E. 4th St. & 2nd Avenue (i) N.E. 4th St. & N.E. 5th Avenue ( j ) N.E. 4th St. & N.E. 6th Avenue (k) N.E. 3rd St. & N.E. 2nd Avenue (1) N.W. 2nd St. & N.W. 5th Avenue (m) N.W. 2nd St. , Swinton Avenue (n) N.E. 2nd St. & N.E. 2nd Avenue (0 ) N.E. 2nd St. & N.E. 5th Avenue (p) N.E. 2nd St. & N.E. 6th Avenue (q) N.E. 1st St. & N.E. 2nd Avenue (r) West Atlantic Avenue & Barwick Road (s) West Atlantic Ave. & High Point/Homewood Blvd. ( t) West Atlantic Ave. & Congress Avenue '. 7 ..' . (u) West Atlantic Avenue & 1-95 (v) West Atlantic Avenue & 10th Avenue West (w) West Atlantic Avenue & 8th Avenue West (x) West Atlantic Avenue & 5th Avenue West (y) Atlantic Avenue & Swinton Avenue (z) East Atlantic Avenue & 1st Avenue East (aa) East Atlantic Avenue & 2nd Avenue East (bb) East Atlantic Avenue & 3rd Avenue East (cc) East Atlantic Avenue & 4th Avenue East (dd) East Atlantic Avenue & 5th Avenue East (ee) East Atlantic Avenue & 6th Avenue East (ff) East Atlantic Avenue & 7th Avenue East (gg) East Atlantic Avenue & Venetian Drive (hh) East Atlantic Avenue & Gleason St. (ii) East Atlantic Avenue & SR-A1A ( N. Oc e an ) (j j) S.E. 2nd Street & Swinton Avenue (kk) S.E. 2nd Street & S.E. 5th Avenue ( 11) S.E. 2nd Street' S.E 6th Avenue (mm) Casuarina Rd. , SR-AlA (5. Ocean) (nn) Lowson Blvd. & Congress Avenue (00) S.E. 10th St. , Swinton Avenue (pp) S.E. 10th St. , S.E. 5th Avenue (qq) Delray Mall & U.S. .1 and Banyan Tree Lane (r r) Linton Blvd. , Homewood Blvd. (ss) Linton Blvd. & Congress Avenue (tt) Linton Blvd , 1-95 (uu) Linton Blvd. , S.W. 10th Avenue (vv) Linton Blvd. , Old Dixie Hwy. (ww) Linton Blvd. & U.S. n (xx) Linton Blvd. & SR-AlA 8 (yy) . Lindell Blvd. , Old Dixie Hwy. (zz) Lindell Blvd./Ave. L & U.S. 'I (aaa) West Atlantic Avenue & N.W. 1st Avenue (Fire Signal) (bbb) Linton Blvd. (Fire Signal Station 13) (ccc) N.E. 8th St. & N. Swinton Avenue (Flasher) (ddd) N.W. 2nd St. & N.W. 8th Avenue (Flasher) (eee) Lake Ida & Barwick Rd. (fff) Lake Ida & Congress Avenue (ggg) Lake Ida & Military Trail (hhh) Linton Blvd. , Military Trail (iii) West Atlantic & Barnett Bank (j j j) West Atlantic & Military Trail (kkk) Linton Blvd. & S.W. 4th Avenue (111 ) West Atlantic Avenue & 12th Avenue West (mmm) Congress Avenue & Germantown Rd. (nnn) N.E. 1st Street & N.t. 5th Avenue (000) S.E. 1st Street & S.E. 5th Avenue (ppp) S.t. 1st Street' S.E. 6th Avenue (qqq) N.E. 1st Street & Swinton Avenue ( rrr) S.E. 1st Street & Swinton Avenue (sss) Fire Station 14--Lake Ida Road and Barwick Road (Flasher) (ttt) West Atlantic Ave. and Hamlet Dr. (Signal Authorized) 3. RETENTION BY THE CITY OF FUNCTIONS AND DUTIES NOT TRANSFERRED It is specifically understood and agreed that all rights and powers as may be vested in the City pursuant to Chapter 316 of the Florida Statutes or any other Law or ordinance or Charter provisions of the City and not specifically transferred to County hereunder shall be fully retained by the City. It is ,. 9 further understood and agreed that the City is not transferrin any of its traffic enforcement functions, rights and duties together with all rights of enforcement of City traffic ordinances or State traffic statutes. 4. TRANSFER OF OWNERSHIP OF TRAFFIC CONTROL DEVICES The City transfers ownership to the County of all traffic control devices presently installed within and owned by the City within the roadways involved in this Agreement. The existing traffic signals involved are those listed in Section 2 of this Agreeme~t. 5. PAYMENT OF UTILITIES FOR TRAFFIC CONTROL DEVICES County agrees to be responsible for and to pay utility bills for traffic control devices enumerated in Section 2 of this Agreement. 6. COUNTY TO PROVIDE NECESSARY FINANCIAL SUPPORT UNDER AGREEMENT The County agrees to provide in its annual budget thE financial support necessary for the purposes set forth in this Agreement. 7. FINANCIAL SUPPORT OF CITY To provide for a transition period to assist palm Beach County in capi tal improvements for traffic signals which will be required in the City of Delray Beach, the City agrees to provide to Palm Beach County $40,000.00 annually, beginning January 1, 1987, for the five (5 ) successive calendar years. Palm Beach County agrees to spend a minimum of $200,000.00 to upgrade the traffic signals within the City of Delray Beach within this time frame. After these payments are made no further remuneration will be required of the City. The County shall give credit to the City for the current City contracts or upgraded signalization entered into prior to January 1, 1987. . 10 . a. ADDITIONAL PERSONNEL Palm Beach County agrees to provide suff ic ient staff in its Traffic Division to accommodate the additional Engineering duties conferred on Palm Beach County by this Agreement. 9. APPLICATION FOR STATE AND FEDERAL GRANTS BY THE COUNTY The City agrees to allow the County to apply for and accept any State or Federal Grants, loans, or other programs, which may become available to the County by virtue of the transfer of this function from the City to the County. 10. CITY ORDINANCES TO CONFORM TO AGREEMENT The City agrees to make whatever changes to its code of ordinances that are necessary to fully implement the provisions of this Agreement. 11. REOUESTS OF THE CITY Subject to budgetary and financial considerations, the County and the Traffic Engineering Division of the County agree to implement all reasonable written requests as warranted by traffic engineering studies of the City for the installation, retention, or removal of traffic control devices within the City and further agree to implement all reasonable requests of the City with regard to any of the duties and functions specified in paragraph 1 above, so long as such requests accord with the Manual on Uniform Traffic Control Devices for Streets and Hiqhwavs and specifications of the State Department of Transportation and commonly accepted standards of traffic engineering. 12. COORDINATION OF CITY AND COUNTY IN REVIEWING FUTURE DEVELOPMENTS The City agrees to coordinate with the County through the City's Engineering and Planning Departments the review of all " 11 . developments which will generate any traffic impact of conse- quence on major roadways. 13. CANCELLATION This Agreement may be cancelled by the City or County upon ninety (90) days formal written notice. In the event of any cancellation the parties agree that the traffic signals shall remain at their respective locations subject to the following: (a) Signals owned prior to this Agreement by the City shall become City property and subject to City ownership and control thereafter. (b) Signals originally owned or constructed by the County may be purchased by the City upon notice to that effect from City to County within sixty (60) days from date of cancellation. If the City desires to retain these signals it shall pay the County for the County's original cost thereof, including instal- lation charges, minus a deprec!at ion factor of one-tenth (1/10) of the original cost per year to be deducted from such cost. In no event however shall the payment be less than thirty percent (30t) of the original cost of installation. 14. APPORTIONMENT OF LIABILITY Both parties hereby agree that each party shall be respon- sible for damages caused by its own negligence, and further that municipality in County further mutually covenant agree that in the event liability for property damages or personal injury to third persons is imposed upon either of said parties purely on a technical or a derivative basis as a result of the negligence of the other party, the party hereto whose negli- gence occasioned the imposition of such derivative or technical liability upon the other parties shall, to the extent permitted by law, indemnify said other party but only to the extent of the specific monetary 11mi tations of liability reflected in Section 768.28(5) Florida Statute. '. . - 12 . 15. COUNTERPARTS OF AGREEMENT This Agreement may be simultaneously executed in two counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. BOARD OF THE COUNTY COMMISSIONERS CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA FLORIDA BY~~ By,--Q-Ud7~ ::, ~n~ ~::= Mayor ------------------------ "u rne :.', d .'~~~'~~t. JOHN 8. DUNKLE, CLERK " , Attest: . ' . Boar of County Commissioners -' ~ . :~ ~ , ~ 2f(~~-{f~-~ / '~pproved,.~s to Form: App oved as ~o Form: " . " ~~,-~A~ ----------------------- ...I' City Attorney . '. ~ '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: (.I"'j CITY MANAGER:-/ SUBJECT: AGENDA ITEM # Cfr - MEETING OF APRIL 14. 1992 APPOINTMENTS TO THE NEIGHBORHOODS TASK TEAM DATE: April 10, 1992 This item is before you to appoint three members to the Neighborhoods Task Team. These appointments will replace members who have not attended meetings since the Team 's expansion in January 1992. Staff recommends the appointment of one alternate member, Ann Fulton, to regular status. We have also received applications from: -Victor and Lillian Flores -Zarus Wright A detailed staff report is attached as backup material for this item. Recommend appointment of three members to the Neighborhoods Task Team. Ann Fu..l-ton Lill iAn F=loe~ ~ ~ 2A-i?J..A,5 lJJ12iqhf ~ JnCK/11 JOhn F~/:S ~ '. . . '. ~ MEMORANDUM TO: DAVID HARDEN - CITY MANAGER r FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~ SUBJECT: CONSIDERATION OF THREE APPOINTMENTS TO THE NEIGHBORHOOD TASK TEAM -- DATE: APRIL 9, 1992 ITEM BEFORE THE COMMISSION: - - Commission consideration is requested for replacing three (3 ) current members of the Neighborhood Task Team. BACKGROUND: The Neighborhood Task Team has held five meetings since the team's expansion in January. The following members have not attended any of the five meetings: Deanna Hartman, Dick Sheremeta and Steve Wexel. We would like to replace the above-named members by appointing one of the three original alternates as a regular member plus two of the three new persons who have applied for membership. The attached list represents the current alternate members and persons who have expressed an interest in being appointed. Mr. Heller has resigned as an alternate and Mr. Weinberger has not been able to attend any of the meetings. RECOMMENDATION: Staff recommends the Commission appoint Ann Fulton, Lillian Flores and Zarus Wright as regular members of the Neighborhood Task Team, replacing three of the current members. LB:DQ Attachment D13 NTTApr.Mbr '. ) NTT Appointments April 9, 1992 Page 2 . CURRENT ALTERNATE MEMBERS: Ms. Ann Fulton Mr. Robert Heller, Pines of Delray West (has resigned) Mr. Saul Weinberger, Del-Aire Golf Club (no attendance) PERSONS INTERESTED IN BEING APPOINTED: Victor and Lillian Flores, 605 SE 2nd Avenue, Delray Beach Zarus Wright, southwest area of Delray Beach D13 NTTApr. Mbr (2) " MEMORANDUM r~~ TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER."'~J SUBJECT: AGENDA ITEM # q ::r - MEETING OF APRIL 14, 1992 APPOINTMENT TO THE PUBLIC EMPLOYEES REL}\.TIONS COMMISSION DATE: APRIL 9, 1992 The term of Martin Frost on the Public Employees Relations Commission (PERC) expired on March 13, 1992. Mr. Frost was originally appointed to serve a four-year term in January of 1988. The term is for four (4) years. He is eligible for and is interested in being considered for reappointment. Mr. Frost was appointed as PERC Chairman by the City Commission on April 11, 1990. Mr. Frost has attended all meetings since his appointment. His application is attached. The term would end on March 13, 1996. According to state statute, the appointee will be a person who, on account of previous vocation, employment or affiliation, is, or has been, classified as a representative of employees or employee organizations. The appointee need not be a resident of the City of Delray Beach. The following individuals have submitted their applications and resumes for consideration: Robert P. Ferrell Murray P. Kalish Leo Kierstein Rosalind Murray Deri Joy Ronis Milford Ross Based upon the rotation system, the appointment will be made by Mayor Lynch. Pursuant to Commission direction, a chec~ for code violations and property liens has been conducted. According to City records, none of the applicants has any outstanding violations. Recommend appointment of a member to the Public Employees Relations Commission to a term ending March 13, 1996. . " '. ~~I~'b\qd" M E M 0 RAN DUM tp . TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER :~11/./ SUBJECT: AGENDA ITEM # ~ )(" - MEETING OF APRIL 14, 1992 APPOINTMENT OF A CHAIRPERSON FOR THE PUBLIC EMPLOYEES RELATIONS COMMISSION DATE: APRIL 9, 1992 Chapter 35.032(A) (1) (b) of the Code of Ordinances provides that the City Commission shall designate one member of the Public Employees Relations Commission as Chairperson. In addition to the individual appointed in the preceding agenda item, the following persons are currently serving on the Public Employees Relations Commission as regular members: Jack Crespin (term expires on 6/24/94) Leonard Syrop (term expires on 1/29/94) Anyone of these individuals may be appointed Chairperson, to serve in that capacity for the duration of the term. Recommend selection and appointment of a Chairperson for the Public Employees Relations Commission, at the discretion of the City Commission. '. '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS I FROM: CITY MANAGER '/;./ SUBJECT: AGENDA ITEM #. /~ It - MEETING OF APRIL 14. 1992 ORDINANCE NO. 12-92 DATE: April 10, 1992 This is the second reading of an ordinance correcting the zoning classification from RM (Medium Density Residential) district to CF (Community Facilities) district, for the Acura Dealership located on the west side of N.E. 7th Avenue between N.E. 6th and 7th Streets; and correcting the Official Zoning Map. This property was original zoned RM-10 (Multiple Family Dwelling District) in part and SC (Specialized Commercial) in part. On August 26, 1986 the City Commission approved a conditional use request for the Acura Dealership which provided for the use of the east half of the site (RM-10) for employee/customer off-street parking and the west half of the site (SC) for automotive sales and associated uses. With the adoption of the Land Development Regulations, the zoning designations were changed from SC to AC (Automotive Commercial) and RM-10 to RM (Medium Density Residential). The RM zoning designation does not allow off street parking as a conditional use. During analysis of the LOR rezoning action the approved conditional use for parking was inadvertently overlooked. Had this information been available a more appropriate zoning designation would have been affixed to this property. Correction of the zoning to CF is therefore appropriate. The Planning and Zoning Board does not review relief from improper regulation requests. The Special Adjustment Advisory Board has reviewed this request and has determined that an inadvertent action may have occurred and that special consideration is warranted. Recommend approval of Ordinance No. 12-92 on second and final reading. p~ 6-0 .. '. '. ------- -_:..::--.=-- :.--_-" ---- -- .- ------- ---- -_._-,,--------- ---.----------- ----~-- - . ORDINANCE NO. 12-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASS IFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT: SAID LAND BEING LOCATED ON THE WEST SIDE OF N.E. 7TH AVENUE, BETWEEN N.E. 6TH STREET AND N.E. 7TH STREET: AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990": PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, as being zoned RM (Medium Density Residential) District: and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property: and, WHEREAS, Section 2.4.7(F)(2) of the Land Development Regulations makes provision for relief from improper regulations: and, WHEREAS, a request has been made with respect to the subject property and has been reviewed by the Special Adjustment Advisory Board, and has been determined to be the result of inadvertent enactment: and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning thereof, 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 " City of Delray Beach, Florida, dated October 1, 1990, be, and ,c same is hereby corrected to reflect a zoning classification of CF (Community Facilities) District for the following described property: Lots 44 through 49, inclusive, and the east one-half (E 112) of the abandoned (via Resolution No. 64-86) 16 ft. alley lying west of and adjacent to said Lots 44 through 49, inclusive, THE HOFMAN ADDITION TO DELRAY, FLA., as the same is recorded in Plat Book 5 at Page 3 of the Public Records of Palm Beach County, Florida. The subject property is located on the west side of N.E. 7th Avenue, between N.E. 6th Street and N.E. 7th Street, Delray Beach, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, correct 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. . " ,. I ACURA t ... of del ray beach . City of Delray Beach March 3, 1992 , Director of Planning & Zoning 100 Northwest 1st Avenue De1ray Beach, Florida 33444 ATTN: David Kovacs Dear Mr. Kovacs, I, Robert A. Leo owner of Acura of Delray Beach, request that a hearing be set up by the Special Adjustment Advisory Board to review an inapproriate or inadvertantly changed zoning designator for the east half of my Acura Dealership located at 655 Northeast 6th Avenue Delray Beach, Fl. 33483. It is my understanding that with the adoption of the L.D.R.'s in October 1990 my property was given a R.M. zoning designation. At that time my property was being utilized for parking for my dealership and therefore would have been more appropriatly zoned C.F. Please contact me as to when this meeting will be held and if I may be of any assistance beforehand please do not hesitate to contact me. .e - il."9~~\~~~~ t;J~\~O , 't.1'l1 ~ 'tbb\ ~ '~J~\1.~ -- , ~ 655 Northeast 6th Avenue, U,S. Highway One · Delray Beach. Florida 33483 . 40712~ . FAX 4071243-3632 .. '" city Commission Documentation memorandum Acura Dealership Rezoning Ordinance RM to CF Page 2 . Attached is a letter received from the owner of the Acura Dealership in which he seeks correction of the situation. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board does not review this type of request. The Special Adjustment Advisory Board has reviewed the request and has determined that had the history of the use been known with the LDR adoption the recommended zoning designation would have been CF (Community Facilities), therefore special consideration is warranted. ALTERNATIVE ACTIONS: 1- Reject the request and direct that the item be processed through the formal rezoning process. 2. Approve the request. RECOMMENDED ACTION: By motion, approve the ordinance on first reading correcting the official zoning map from RM to CF (Community Facilities) for lots 44-49 and 1/2 of the abutting abandoned 16' alley as shown on the plat of Hofman Addition of Delray. Attachment: * Letter from owner Location map ., f'Rt<i .\. I"?,~' i/j' (0 : ,",;' .... " " 'I .-.rr-' .. '. . I a..e: II . _ . > 'I \4\.' - .. ~ . 'U' fl 2. I : <l: ! i l~ Z. l.S; , t--- - 5. ' /, ",' H. '~ . , >4" , S . I .. 11 '., .. J" e:. > <. ' ,- - II 1. _ " ~ l; 2/0:' .. ~u - \,l.."1 .....' . ,.. - .. . ~ ".41 '!) J E . i I~ ;J I( 4-1} ST ..... - -- PH. 3 ~ . ~s 12. . '~fi'~ . . .. , . . . .... ".'.... ..j I' I II) 'n' ...' ' , ,~~ if: . ~ q... ,..., ~. : ...,.::. ,'WITHE OON LN _ ~ J~ !S MARTELL I U 1 a.. 1(""' ... ,'''';./ /t<E.N~ ~ ~:.. of "\ ARMS ~ ~.:'I 9 J/ ,~, ~ . ~ ,.... 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' . . , , . , - ",' 'x- 'I 0, :- ~, .{Z_Rnl, ': "LAS. ,DAI Ll S ' 'SU8 '10-68 '0- _ ...--' ~, \1 'II" m' ,HAL ER, ~ TMA"S. : , . . . i. ..' /. ~ ..J . 2..;' .~" . C(. , . , , , , :, I .' ~~ , '----: " ~ lJ ' ffi ~ ~) , : , , . , , ~ "" f . ,_ .0, ' ",,' ' - 'W~ .' , , .. . ~ Il~ :lRlNI9VA~' 'Sl. ' 11.., , ' , , . , .; \i / :~ ~ .?,ADD'~ '~?os' !9., '~ ~'~ ~~.,~ ...': ~;., ~"' j i I~,., ~'...:: i ~t.'h' ...~S ;: \\ i , '~ N E 4t h Sf Ii _ _ I / / I 344 J ) . I " - 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ({// ,/ . SUBJECT: AGENDA ITEM # /~ ~ - MEETING OF APRIL 14. 1992 ORDINANCE NO. 13-92 DATE: April 10, 1992 This is the second reading of an ordinance rezoning and placing land, located on the southwest corner of N.W. 2nd Street and N.W. 8th Avenue, and presently zoned R-1A (Single Family Residential) zone district in CF (Community Facilities) zone district. This site (Lots 21,22, 23 and 24, Block B, Westside Heights) currently contains the American Legion Hall (approximately 3,600 square feet), seven parking spaces and two vacant lots. The existing use, American Legion meeting hall, does not conform to the R-1A zoning. This inconsistency further poses a problem with respect to modification of the site plan. Therefore, Community Facilities zoning designation is more appropriate for this site. Additionally, following installation of the Northwest Drainage District outfall along N.W. 2nd Street, the street will be reconstructed, and the jog which now exists at the intersection of N.W. 2nd Street and N. W. 8th Avenue will be re-aligned. In order to straighten the road, the parking in front of the American Legion building must be eliminated. Staff is currently designing a new parking lot for the site. The proposed lot will be located behind the American Legion building, with access from N.W. 8th Avenue. The Planning and Zoning Board at their March 16th meeting recommended approval of rezoning petition. There was public comment from a property owner who was concerned about the street alignment, and from a party interested in the project. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 13-92 on second and final reading. f~5~ . " _. -----~_. -- -._~- - -~ .------- -- -- ---- --- --. ~-. --- -_.~-- ------ - ORDINANCE NO. 13-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE SOUTHWEST CORNER OF N.W. 2ND STREET AND N.W. 8TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the CF (Community Facilities) District as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: Lots 21, 22, 23 and 24, Block B, WEST SIDE HEIGHTS, Delray, Palm Beach County, Fla. , according to the Plat thereof as recorded in Plat Book 13 at Page 61 of the Public Records of Palm Beach County, Florida. The subject property is located at the southwest corner of N.W. 2nd Street and N.W. 8th Avenue, and contains a 0.67 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning District Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992. MAY 0 R ATTEST: City Clerk First Reading: Second Reading: . " "- City Commission Documentation memorandum Rezoning American Legion Hall Page 1.1 ... The City C~ission initiated the change in zoning from R-IA to CF on February 11, 1992. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at it's meeting of March 16, 1992. The Planning and Zoning Board recommended approval of the request on a 7-0 vote. Two members of the public spoke, one property owner to the west concerned about street alignment, and the other just interested in the project. RECOMMENDED ACTION: By motion, approve this ordinance on first reading based upon the findings made by the Planning and Zoning Board. Attachments: * Parking lot sketch plan * Location Map ., I ~ . . Ht.' ~ I LOT 17 2 : LOT 17. I : ~ ' I :....--- ---117:' ~1 "'. , · - i-' =o,..J. I- I (4~""1 __ I __ I I LOl '- - " .,~ 'z' " P I \-- , - I _ , t II , \ ' \ /i'l . ~ ,,, '. / ~ Il"rLT I 1 .... 'I ---- - ,-- '0 ........ ...... 1 "_ ~ -______[."r (O~( c' .......(W(.., ,.~ , ... .~.. "___ " \ I -.... --- -- " j I LOT 24 I fl /l:;~'" \ . l~ " 1_\-- - - - - - - '-1 ";"Slllj-'" ! I - , . ct ., I I I --P"")~l I I "'~T ,oe. .....- , "' - -\ ,. -, I A\lE'tr'=Ak LE"';I:'I I . '\ "'-.. /i . ,,- po~r ,n ' , """'" ' / "0 l ---~I-i----------:--:-----~.- ?! ,4:r..,_. I :"!'I I / I: ---:-r 1 '.' ) ," I o . , I I "I I ! 1! '- : // ' ::: I I , I I LOT 2 ~ -1. ,-_. ... "i 1 t I , .(_L -- ---.- --- I -- ~. I I l ' I , )2'2 ' ~ I -.. .- · . - i.. I ------------------------- I I I I .. ~ I I - I c:;t \lL'':'"'' ll'~tlh(# I Lor 22 'A'~ (~, : I I \ ' i f'(. I I ' .~:! 1 I I - - - - - - - !..- - - - - - - - - - - - - ~ I I I -..--- I I ~ II ~lO"" ~., !1". ---- I ~ - -.,- - TO -I; - - - . - --'\~ I ~~r "'I Lor 21 , ,'~.. -- -:,...... / I I ,,/ I i- ! I I I J (~ ,~ I' ! I _., f t 1.. I I 1 1 -= t I , : / . . / ~.,' I I ,,- -------~.r-----.~.~-------'~ I : : He"".. ~""" 0/.. ,., ",,&fe" .--/ U'~TI"G ~"'L( "':'l( N. W. 8TH AVE. . '.~' w . .. '.' ..~~':~. ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER -1;/ SUBJECT: AGENDA ITEM # /0 C, - MEETING OF APRIL 14. 1992 COMPREHENSIVE PLAN AMENDMENT 92-1 DATE: April 10, 1992 This item is before you to authorize staff to forward Amendment 92-1 to the State Department of Community Affairs. This item was discussed at the February 25, 1992 regular meeting at which time the Commission authorized initiation of Amendment 92-1 to the City's Comprehensive Plan. Generally, the first amendment of each year focuses upon updating the work program in the Comprehensive Plan; making adjustments to the Capital Improvement Program; status of various objectives and policies; corrections; and general housekeeping. The proposed amendment will be processed so that final action will occur concurrent with final consideration of the annual operating budget in September. At their March 16th meeting the Planning and Zoning Board held a public hearing on Plan Amendment 92-1. A few individuals testified that their properties were presently commercial and should not be designated residential; and, one property owner testified that his property had not been purchased and should not be formally included in the Anchorage project. Other testimony received involved the desires of a few property owners to construct duplexes or multi-family residences on substandard lots. Additionally, the Board recommended that the West Atlantic Avenue water and sewer line relocation be added to the Schedule of Capital Improvements; and that a policy which addresses the City's desires to locate a major tennis stadium within the City be included in the Comprehensive Plan. A detailed staff report is attached as backup material for this item. The Commission was provided a copy of Amendment 92-1 at the April 7th workshop meeting. A copy of which is available in the Planning and Zoning Department for review. Recommend authorization to forward Amendment 92-1 to the City's Comprehensive Plan to the State Department of Community Affairs. -1+01 1"~1 Ilpf~Occq 6-0 '. " . -::. ~ C I T Y COM MIS S ION DOC U MEN TAT ION . TO: ~D T. HARDEN, CITY MANAGER \ ~~jf(j~ THRU: 'DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: STAN WEEDON, PLANNER IIJJ SUBJECT: MEETING OF APRIL 14, 1992 AMENDMENT 92-1 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of transmittal of Comprehensive Plan Amendment 92-1 to the State Department of Community Affairs for the required 90 day review. BACKGROUND/CHRONOLOGY: The City is allowed to enact two amendments to its Comprehensive plan each year. In Delray Beach, the first amendment of each year focuses upon updating the work program; making adjustments to the Capital Improvement Program; status of various objectives and policies; corrections; and general housekeeping. The amendment is processed so that final action will occur concurrent with final consideration of the annual operating budget. Comprehensive Plan Amendment 92-1 comprises the first of two amendments to the Plan which will occur in 1992. The Planning and zoning Board at their February 10th meeting reviewed items to be included in Plan Amendment 92-1 and forwarded them to the City Commission with a recommendation that the Commission initiate the amendment. The Commission initiated Amendment 92-1 on February 25, 1992. The Planning and Zoning Board held an advertised public hearing on March 16, 1992, at which there was considerable testimony (see Planning and Zoning consideration discussion) . On March 26, 1992, the Board forwarded the proposed amendment on a unanimous vote after modifications were made. The formal Amendment 92-1 document was provided to the Commission at the April 7th Workshop meeting. Attached to this documentation is a memo which identifies items which were initiated by the Commission but which no longer appear in the Amendment. A separate document contains the "data and analysis" " ,. City Commission Documentation Amendment 92-1 Page 2 upon whicJ1 the proposed changes are based. That document is filed with the City Manager's Office and in the Planning Office. It will be provided to D.C.A. with the transmittal. Subsequent to Commission transmittal of the Amendment to the State, the Department of Community Affairs will review the Amendment for 90 working days. it is anticipated that the ORC (Objections, Recommendations, Comments) Report will be received by the City in mid-July. The Planning Department will advise the Planning and Zoning Board and City Commission of any significant responses and prepare the Response to ORC Report. The Response to ORC Report and final adoption of Amendment 92-1 will be presented to the City Commission for approval in late August. ITEMS OF SIGNIFICANCE: Items of particular significance are listed below. References to where the item is located in the Amendment document are provided by item and page numbers. 1. Changes to the text, policies and Future Land Use Map (Future Land Use Amendment Item #3) as a result of the proposed "Anchorage" development project. a. Identification as a location for an additional City boatramp (Item V-I, p. 10). Replaced by FIND, MSA 650. b. Intracoastal Waterway access, preserving a natural areas, and providing public park areas (Item V-2, p. 11 and Item IV-4, p. 44) . Replaced by FIND, MSA 650. c. Preservation of 25% of native plant communities on site (Item 1-11, p. 27) . To be accommodated throuqh LOR requirements. d. Priority list for funding of major capital improvements which pertain to recreational facilities (Item IV-2, p. 43) . Replaced by FIND, MSA 650. e. Identification as "conservation" area (Item IV-3, p. 43). Deleted. f. PUblic/private development efforts to provide enhanced tax base, waterfront access and amenities, promotion of marine character of community, CRA/City financing of park component, identified as mixed use on the Land Use Map (Item VI-7, p. 50) . Deleted. g. City development of specific programs for projects ( Item VI-a, p.5l) . Replaced by FIND, MSA 650. h. Priorities for public financial support in planning, promotion, or development of future land use activities within the coastal zone (Item VI-II, p. 52). Replaced by FIND MSA 650. ,. city Commission Documentation Amendment 92-1 Page 3 2. Modifications to the future land use designation/zoning matrix, Land Use Element p. III-G-42 (Item VII-3, pp. 16-18). 3. The annual report to the Local Planning Agency is expanded to include bicycle and pedestrian accident locations, and recommendations of mitigation methods. (Item XII-2, p. 23) 4. GAE level of service for streets addressed in the GAE (Item 111-7, p. 39) 5. Reestablishment of the Automobile dealers locational policy, etc. (Item VII-I, p. 55) . 6 . Addition of a policy to the Future Land Use Element addressing a Tennis Stadium (Item VII-5, p. 57) . 7 . Addition of the relocation of water and sewer lines on West Atlantic Avenue in FY 92/93 concurrent with the widening of Atlantic Avenue by the County (To be added as a specifically identified component of Item XI-2, p. 21, and as a text amendment to the Public Facilities Element as a new need which addresses required water and sewer upgrades required in conjunction with the construction of a project undertaken by another unit of government. This will be added to the Amendment prior to transmittal). An item which the Commission inquired about at the April 7th meeting is the residential density increase for the Central Business District. This item is a specific component of future Amendment 92-2. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered Comprehensive Plan Amendment 92-1 at a public hearing on March 16, 1992 at which time public testimony was received and action deferred to the Board's March 26th meeting. Several property owners in the area affected by Future Land Use Amendment #3 testified before the Board. A few individuals testified that their properties were presently commercial and should not be designated residential, and one owner testified that his property had not been purchased by Mr. Swain, but was shown as being included in the "Anchorage". These items are accommodated in the recommended amendment. Another property owner testified that he desired a commercial designation for land that is currently zoned and designated residential. Staff " City Commission Documentation Amendment 92-1 Page 4 . has met with this individual and the item appears to be resolved. Other testimony about land in this area involved the desires of a few owners to be allowed to construct duplexes or multi-family residences. The Board has advised these owners that the LDR's no longer permit duplexes on substandard lots and that they must have a minimum of 8,000 square feet for a duplex. Some of the above mentioned individuals may appear before the Commission on April 14th. Another group of citizens spoke in opposition to Land Use Map change #6 which was "corrective" in nature. Change #6 increases the designation in the vicinity of Venetian Drive, Casuarina Road and Langer Way to medium density residential to reflect current developed conditions. At the March 26 Planning and Zoning Board meeting, the Board recommended that the City Commission approve Amendment 92-1 as modified to reflect the aforementioned land use items for transmittal to the State for the required review, with two additional items. These items were; the addition of the West Atlantic Avenue water and sewer line relocation to the Capital Improvement Program, and the addition of a policy which addresses the City's desires to locate a major tennis stadium in the City (see item VII-5 page 57). These items are accommodated herein. One letter has been received relative to the transmittal hearing. It is from the Town of Gulfstream and is supportive of the proposed changes to the 17-acre parcel and adjacent properties (copy attached). RECOMMENDED ACTION: By motion, transmit Comprehensive Plan Amendment 92-1 to the State Department of Community Affairs for the required review. Attachments: * Memorandum dated March 26, 1992, Status of Items Removed from Amendment 92-1 as Initiated Via Amendment Document Dated February 6, 1992 * Notice * Letter of March 30, 1992 from the Town of Gulfstream DJK/SW\A:92-1CC.doc " " NEWS I I CORRECTED NOTICE NOTICE OF PUBLIC HEARING - CITY OF DELRA Y BEACH . COMPREHENSIVE PLAN AMENDMENT #92-1 The City Commission of the City of Delray beach, Florida, will be considering Comprehensive Plan Amendment #92.1 which consists of amendments to the goals. objectives and policies of individual elements based upon an assessment of tasks accomplished. availability of resources, and new information. It also includes changes to the Future Land Use Map. The subject matter of TEXT AMENDMENTS address: stormwater utility fee · wellfield protection · the "17 acre parcel" · modification to the 5-year CIP · location of fire station '5 · bicycle and pedestrian circulation · intracoastal waterway "no wake" zone · Policies related to a tennis stadium and other items of a technical and date nature. A complete list of the subject matter may ~ obtained from Jhe Planning Df:partment's Office. CITY OF DELRAY BEACH. rLORIOA L->> CIIIIL \14 .. _ I . I "- . I I I -' N - ..... - AMENDMENTS TO THE FUTURE LAND USE MAP INVOLVE THE FOLLOWING: MAP GENERAL PARCEL SIZE LEGEND LOCATION' ACTION IN ACRES 1 Gu" Stream Boulevard From: Transitional To: Commerce 3.15 2 Royal Palm Boulevard From: Transitional To: General Commercial 0,32 3 N. Lal<e Ave.JFedJlntracoastal Area From: Mixed Use (Open SpacelMedium Density ResldentlaVTransltlonal To: low Density Residential 31.36 4 East of N.E. 7th Avenue! . From: Low Density Residential 4th . 7th Street To: Medium Density Residential 3,81 5 S.E. 5th AvenueJ S.E. 2nd From: General Commercial Street To: Commercial Core 25.65 6 Venltian/ Bayn.&nger From: Low Density Residential 1 A-l-AJ Brooka Lane To: Medium Density Residential 8,64 From: Low Density Residential To: Medium Density Residential 0.63 8 Linton/A.l.A From: low Density Residential Spanish TraiV Jasmine Drive To: Medium Density Residential 1,74 9 From: Low Density Residential DELETED To: Medium Density Residential , ,03 " 11 Pelican HarbOr From: General C<lmmercial To: Medium Density Residential 0.68 12 Tropic Boulevard! From: Low Density Residential Spanish Trail To: Medium Densi1y Residential 0.69 13 Undelll Dbde From: Low Density Residential To: Medium Density Residential 0.35 1. Untonl,P1xIe From: Industrial. in partJ General CommerlcaJ. in part To: General Commercial 0.75 15 South Side of Southrldge Road From: Low Density Residential North Side of Southrldge Road To: Redeve~pmentNea'3. 0,63 16 From: low Density Residential To: Transitional 0.65 17 'Southrldge Village C<lndomlnlum From: low Density Resldentiat. in part! Medium Density Residential. in part To: Medium Density Residential 4,n 18A Fire Station '5 - Initial From: Mixed Use (Community Facilities. Open Space) To: Transitional and Medium Density Residential 9.9 188 Fire Station '5 - Future From: low Density Residential and Medium Density Residential To: Community Facilities. Public Buildings and Community Facilitie8 1.81 19 School In the (Blood's Grove) Relocation Of Symbol For Proposed Facility . School No Acreage 20A Georgia Streett Gwen ZelI Avenue From: General Commercial To: Industrial . 3.7 21 South Congressl S.W. 10th Street From: General Commercial To: Commerce 2.18 22 Lawson! Homewood Boulevards From: Recreation and Open Space To: Medium Density Residential 5.30 23 S.W. 10th Streett From: low Density Residential S.W. 12th Avenue To: Medium Density Residential 1.80 24 S.W. 17th Avenue! S.W. 10th From: Recreation and Open Space I Street (Case Property) To: Industrial 1.62 25 S.W. 17th Avenue! S.W. 10th From: Recreation and Open Space Street (770 17th Condo) To: Industrial .80 26 S.W. 17th Avenue! S.W. 10th From: Recreation anti Open Space Street (Martini Property) To: Industrial 0.6 27 S.W. 20th Court North of From: low Density Residential 10th Street To: Medium Density Residential 1.03 I 28 S.W. 17th Avenuei6th Street From: Open Space (Surles Property) To: low Density Residential 1.78 29 S.W. 2nd StJS.W. 15th Ave. From: Recreation and Open Space To: Low Density Residential 0.12 30 S.E. Comer Atlanticl Congress From: Commerce To: General Commercial 0.66 31 N.W. Comer Atlantlcl Congress From: General Commercial. In partJ Commerce. in part To: Commerce 8.40 The City Commission will conduct a Public Heari~ on Tuesday, April 14th 1992, at 6:00 P.M., in the City Commission Chambers at City Hall, 100 .W. 1st Avenue, Delray Beach, Florida. At this meeting, the Ci~ Commission will consider public testimony and will consider the transmittal of Comprehensive Ian Amendment #92-1 to the State of Florida, Department of Community Affairs, for inter~vernmental review and comment. Upon completition of that review, an additional adver- I tised pu lie hearing will be scheduled at which time the City Commission will consider adoption of Comprehensive Plan Amendment #92-1. I All interested citizens are invited to attend the public hearing and comment u~n the Plan I Amendment or submit their comments in writing to the Planning Department. pies of the proposed amendments to the Comprehensive Plan are available at the Del ray Beach Planning and Zoning Department, CilJ. Hall, 100 N.W. 1st Avenue (Phone: 243-7040), between the I hours of 8:00 A.M. and 5:00 .M. on weekdays (excluding holidays). PLEASE BE ADVISED THAT IF A PERSON~S) DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COM. I "MISSION WITH RESPECT TO ANY MATTE CONSIDERED AT THIS MEETING OR HEARING. SUCH PERSON+~ ~ Will NEED A RECORD OF THESE PROCEEDINGS. AND FOR THIS PURPOSE SUCH PERSO~SLMAY NEED ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD IN l DES THE TES- TIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. I CITY OF DELRA Y BEACH 4 ALISON MACGREGOR HARTY CITY CLERK PUBLISH: April 8, 1992 - THE NEWS '-.. BOCAlDELRA Y/BOYNTON/DEERFIELD Ad #373319 " 11> ()Af)Ii;) ~"e.s TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA , ... 1:" . ,.J~ rt~1 ':~iJ .i ~\ = -# - .. Telephone ~~~~ COMMISSIONERS ,~ \\{~ 2 1992 (407) 276-51 16 "'~p":1-, ;..J.~) ti Fax WILLIAM F, KOCH, JR, Mayor (~~:"~~~~\ (407) 737.{) 1 88 ~ '~-- ~ . '-, ;- _~.. , -', -... -.. . 1""\ 1'- I ALAN I. ARMOUR, Vice Mayor ,." ~ ! =-::". . "1 _:~Tl' '_ ~,,' ,I' ::),':>:,1,'- Town Manager \',0"--. .. - -" ...... JAMES E, CROSS '~<~~/ E. SCOTT HARRINGTON KATHLEEN S, WALLACE Town Clerk LAWRENCE E, STAHL RITA L. TAYLOR March 30, 1992 The Honorable Thomas Lynch and City Commissioners City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mayor Lynch and Commissioners: Thank you for informing the Town of Gulf Stream of your proposed land use change along the north end of Palm Trail (File 92-062-3). The Gulf Stream Town Commission reviewed the proposal at its regular meeting on March 13, 1992 and unanimously endorsed the change to Low Density Residential. As you are aware, the Town of Gulf Stream lies immediately across the Intracoastal Waterway from the subject area. Land uses within the Town in this area consist entirely of single family homes. Accordingly, the proposed land use change to Low Density Residential on your side of the waterway is highly consistent and compatible with those uses on our side. It is not known at this time whether a representative of the Town will be in attendance at your meeting on April 14. Therefore, we would like this letter to be made a part of the record and our support of the proposed change to be noted. Thank you for your consideration, and hopefully, your support of this important proposal. VI .... ~\ - ~r~S~ \ / '. 1. r "'..', . Gulf Stream Town Commission '", t....;......, \. cc: ~ ,- \ ~ ..?,.' \ : '(;'1 '. ~~ 'G \ \' ' ,.,,\ I ".... .-:- . -,.... -. \' . . - ' i" ' " \' - '. "<... '. \ .., 100 SEA ROAD. GULF STREAM. FLORIDA 334~3 ' .. M E M 0 RAN DUM TO: PLANNING AND ZONING BOARD FROM: STAN WEEDON, PLANNER II~ DATE: MARCH 26, 1992 RE: STATUS/JUSTIFICATION OF ITEMS REMOVED FROM AMENDMENT 92-1 AS INITIATED VIA AMENDMENT DOCUMENT DATED FEBRUARY 6, 1992 The purpose of this memorandum is to identify those items which were removed from Amendment 92-1 subsequent to formal initiation of the Amendment by the Planning and Zoning Board and the City Commission. Following each item is a justification statement regarding its removal from the Amendment and/or present status. Please note that the item numbers have been changed from those which initially appeared in the February 6 document utilized for formal initiation of the Amendment. ( AMENDMENTS TO THE TEXT OF THE COMPREHENSIVE PLAN PART II. SUMMARY OF MAJOR FEATURES OF THE COMPREHENSIVE PLAN 1. Location: P. 11-6 thru 10 Change: AMENDMENT Comment: Verify capital improvement/project costs amounts against those at III-B-11, III-B-13, III-B-14, III-H-2, III-H-3, IV-2, IV-2, IV-5 thru 10 and IV-12 thru 16. Internal consistency issue. Justification: The tables in IV-12 through IV-16 represent the 5-Year Capital Improvements Schedule, which is modified yearly to reflect refinements in project cost estimates, scope and timing as well as completion of projects. The other tables cited reflect needs at the time of Plan adoption and are, therefore, historic in nature. Because of this difference in purposes, internal consistency will not be possible until the EAR is complete. 1 AMENDMENTS TO .' THE GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN . CONSERVATION ELEMENT 1- Location: P. III-A-9, Section 4. Needs and Recommendations, eighth (last) diamond Change: DELETION '* Computerization of irrigation systems for public spaces at a conversion cost of $50,000 a year for five years. Comment: Reflect current irrigation system computerization information, also check the CIP Element schedule and text. Justification: The policy accurately reflects existing conditions and allocations as expressed in the Five Year Capital Improvements Schedule >$100,000 in Part IV of the Comprehensive Plan. 2. Location: P. III-A-14, Policy A-2.2 Change: RESCHEDULE Policy A-2.2: The geographic area covered by wellfield protection regulations shall be expanded to include the area designated as the one foot drawdown area. A local ordinance shall be created and adopted in FY 91/92 which extends the requirements of the County Ordinance to this increased area. Comment: Wellfield Protection Ordinance. Local ordinance not yet written, unlikely to be completed this year. Therefore, policy is deferred to FY 92/93. Justification: This policy will be reviewed as part of a detailed review of Palm Beach County's Wellfield Protection Ordinance, which was revised in 1991. This ordinance, adopted by reference in the City's LOR's may eliminate or modify the need for a separate local ordinance. 2 ., PUBLIC FACILITIES ELEMENT L Location: P. III-B-31, Policy C-5.1 Change: AMENDMENT Policy C-5.1: Diversion of funds from the enterprise accounts to the City's General Fund shall be minimal and shall be determined only by measurable ~ltett indirect costs. Comment: Determined only by measurable indirect costs. Justification: A complete analysis of the City's current funding policies will be included in Amendment 93-1. TRAFFIC ELEMENT L Location: P. III-C-21, Policy B-2.1, new dot Change: AMENDMENT Policy B-2.1: 111111111 Comment: Intersection congestion correction. Add statement stating unwarranted four-way stops be removed. Unwarranted four-way stops create increased driver delay. Raise safety concerns and expose the City to possible libalis actions resulting from the use of illegal traffic control devices. Justification: After discussions with other City staff, it has been determined that this item is better handled through Staff actions than by a Comprehensive Plan Amendment. 3 " 2. Location:..,P. III-C-24, policy C-2.2 Change: AMENDMENT Policy C-2.2: Power poles, and other obstructions, shall be removed from travelways (as opposed to right-of-ways). This project shall be undertaken in concert with Florida Power and Light. The program shall be developed by the Engineering Department in 1990 and funding provided in FY 90/91, if not sooner. Comment: Removal of obstructions from travelways. Amend to include obstructions within the required roadside clear recovery zone. Roadway design requirements require the clear recovery zone and pavement to remain free of dangerous obstructions. Justification: The proposed policy amendment expands the scope of the specified program dramatically and would require significant funding and staff commitment. Therefore, the proposed amendment should not be added until a cost benefit analysis and justification are prepared and evaluated. ( 3. Location: P. III-C-25, Policy D-2.2 Change: AMENDMENT AND RESCHEDULE Policy 0-2.2: Bicycle parking and security facilities shall be required on all new development which occur past June 1, 1990. [LOR's Section 4.6.9(C)(I)(c)). Comment: Bicycle parking and security. City staff shall examine the threshold levels at which bicycle parking and security facilities are required. Lower limits would increase the availability of such facilities thereby encouraging bicycle use. Justification: The proposed amendment; to increase the provision of bicycle parking facilities, via a reduction in the threshold which requires bicycle parking facilities; is more appropriately addressed via an amendment to the Land Development Regulations (LOR's). 4 '. COASTAL MANAGEMENT ELEMENT 1- Locatien: P. III-F-19, Policy A-2.3 Change: AMENDMENT Policy A-2.3: The City shall request of the City of Boynton Beach, the Town of Gulfstream, the Town of Highland Beach, and Boca Raton that notice be given of any development which shall impact the Intracoastal Waterway by diversion of runoff, the increase in direct runoff, or the introduction of a water-dependent use or commercial or industrial use along the Intracoastal Waterway. If it is not apparent that there will be no adverse impacts upon the Intracoastal Waterway, the item shall be referred to the Palm Beach Countywide Planning Council for an analysis and recommendation pursuant to provisions of its Charter. (c13) Comment: Substitute name of successor to Countywide Planning Council. Agency eliminated. Justification: The County has not yet defined how the functions of the former Countywide Planning Council will be handled. \ 2. Location: P. III-F-20, Policy A-4.4 Change: DELETION Policy A-4.4: The City shall support the concept of "Countywide" application of regulations which are targeted toward the protection of existing resources as was done with the Wellfield Protection Ordinance and Conservation Lands Protection Ordinance. When such measures are enacted, the City shall through its Department of Development Services provide the clerical and technical support personnel to provide for the effective implementation of such ordinances. (c14) Comment: Support for Countywide application of resource protection regulations. Political philosophy is moving away from Countywide applications. Justification: County and Municipal entities are negotiating the form and extent of "countywide" application of regulations. This policy will be addressed based upon the outcome of those '. negotiations. 5 '. . , FUTURE LAND USE ELEMENT 1. Location: P. III-G-8, First Diamond . Change: REVISE . Level of service deficiencies (based on County and Regional standards for all but State facilities in which case FOOT standards are used) currently (1989) exist on the following streets: * Lake Ida Road, now at L.O.S. "0"; * Military Trail, now at L.O.S. "0", north of Atlantic Avenue; * 1-95, now at L~O.S. "F". The County Five-Year Road Program projects improvements for the above situations is as follows: * Lake Ida Road improvements in FY 92/93 * Military Trail improvements in FY 89/90 * Atlantic Avenue west of Congress in FY 91/92 (Atlantic Avenue is a State facility) * Germantown Road in FY 91/92 Comment: Revise deficiencies list and County Five-Year Road Program list. Justification: This amendment will be included in Amendment 92-2 along with several other traffic related amendments. CAPITAL IMPROVEMENTS ELEMENT 1. Location: P. III-H-2, III-H-3 Change: AMENDMENT Comment: Verify capital improvement and project amounts against those at 11-9, 11-10, III-B-11, III-B-13, III-B-14, IV-2, IV-2, IV-5 thru 10 and IV-12 thru 16. Internal consistency issue. Justification: See page 1, item 11 of this memorandum. 6 " , . , , ..,on '(2...' v _\L , .J'. "J \<:,-.vl... . '-- \.i ,'- c'- 1\1- 2 . Location: P. III-H- 111 ~ i ~1.I.\y ~ v -- 1,,- .-"\ 0- \ ~.y-- \~ ~ V A ~~\ Change: . NEW POLICY c\ ~~ cP ~ \' Y ~ Ce./ Comment: Add a policy which provides "if a C1P project construction estimate is 50% less or greater than the amount shown in the 5-Year Schedule, then the 5-Year Schedule must first be amended and thus a determination of consistency with the ~omprehensive Plan (as to the project) must be made at the time rather than at the time of site plan approval or bid award. Justification:/After discussion with the City Manager and other Staff, i~ been determined that the proposed new pollcy would undu . burden and constrain the budgetary process and infrastru ure program. Therefore, the item has been removed from consideration. 3. Location: P. l1I-H-24, Policy A-4.1 Change: AMENDMENT Policy A-4.1: The City shall continue with impact fee programs which it has established for water, sewer and park facilities. [LOR's ( Sections 5.3.1 - 5.3.4] A Comment: Add drainage - if appropriate. Justification: It is inappropriate to add the drainage fee to this policy as it is not an impact fee, it is a utility fee. SW/A:DOC92-1 7 '. . . . ~ t3 ~ of1 s1/;;Y CITY DF DELAAY BEA[H ~ ''''.i' 1\ TTORNEY'S 0 "FleE :-:'4 I 1" Wri ter' s Direct ~ine (407) 243-7092 MEMORANDUM Date: April 10, 1992 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Newsrack Ordinance; Our File # On Thursday, April 2, 1992 I met with attorneys and representa- tives of the major newspapers doing business in Delray Beach concerning the newsrack ordinance. The newspaper companies were uniformly opposed to the ordinance and indicated that if it was passed and enforced as it is currently drafted, litiga- tion would ensue. The newspaper representatives suggested that a committee be formed consisting of City and newspaper staff to determine and review all current newspaper locations and produce a report on those locations. The most logical City staff person to be involved in such an exercise would be our Traffic Engineer, Greg Luttrell, and it is my estimation that his involvement in such an exercise would require a minimum of three to five full work days. The report, as outlined by the newspapers, would identify particular problem areas and could serve as a basis for a potential compromise on certain existing locations. The newspaper representatives indicated that they would rather lock into their existing locations in an exchange for promises of non-ex- pansion rather than dealing with the objective criteria set forth in the ordinance. The newspapers believe that enactment of the current ordinance would severely restrict the availabil- ity of newsrack locations. The Palm Beach Post, for example, indicated that in its review of the location requirements, only six of their approximately 70 locations would not violate some aspect of the ordinance. Greg Luttrell and I have modified many of those standards which may reduce slightly the number of current newsrack locations affected. The revisions were made at Mr. Luttrell's suggestion and better define the clear zone and site areas. The City concurs that a great many of the current news rack locations would be eliminated from consideration as the current ordinance is drafted because such locations are inappropriate for newsracks. It is also the City's position that numerous I' " . Memo to City Commission April 10, 1992 Page 2 different locations would be available for the placement of newsracks. The newspapers, while understanding some of our concerns, believe that many of our problem areas could be better addressed by the placement of driveways or expanded paved areas which would allow drivers to pull off the roadway to get newspapers without leaving a paved surface. At this point in time, however, the newspapers have not indicated any willing- ness to pay for the construction or maintenance of any such areas. Instead they have alluded to compromises they have reached in other jurisdictions wherein they have agreed to limit newsracks to current existing locations. I have some concerns with respect to the legal consideration for the newspapers to enter into the agreements and that would necessarily affect the enforceability of the agreements, but moreover, even if enforceable, it is unlikely that the advertising circulars and smaller newspapers would be willing to similarly restrict themselves. In essence, we would be relying solely on the good faith and good will of the major newspapers for enforcement. With respect to the standards for the news racks themselves, the newspapers once again had uniform opposition to the determina- tion that newsracks constituted signage and indicated that even if agreement was reached with respect to locations, they would file suit over our uniform color or shielding requirement. The Sun Sentinel further indicated that it had recently filed suit over Coral Springs' attempt to mandate such a requirement. It should be noted that the meeting did not end without some compromise being achieved. I agreed to recommend that the proposed width of news racks be increased from 32" to 40". The 32" had originally been inserted to allow for double racks. Apparently the industry standard for such double racks has increased from 32" to 40". This would still be a reduction in width from having two single racks at a location versus the one double rack. Direction is requested from the Commission as to whether further attempts to modi fy the ordinance or enter into agree- ments with the newspapers concerning news rack location and standards is desired. The principle areas of potential compromise or conflict are as follows: 1- Location of the newsracks. 0' " . . . Memo to City Commission April 10, 1992 Page 3 2. Number of newsracks. 3 . Color of newsracks. 4. Size of lettering or logo on newsracks. 5. Whether the regulations would be imposed on private property as well as public property and rights-of-way. If the Commission feels that the uniform color is essential to any satisfactory ordinance, it would be my recommendation that the ordinance be passed in its current or slightly modified form. I would not suggest that staff time be exerted in an effort to jointly work out a proposed compromise. It is my clear understanding that a court challenge would follow, if the only change in the ordinance was the uniform color requirement. If litigation is inevitable, I would not waste staff time searching for a compromise until definitive recommendations have been put forth by the newspapers. Should any Commissioners have any questions concerning this matter, please do not hesitate to contact our office. A copy of the modified ordinance is attached for your perusal. JSK : j w Attachment cc: David Harden, City Manager Greg Luttrell, Traffic Engineer Rich Bauer, Code Enforcement Officer newsrak1. jsk . ., c, . . ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING, "NEWSRACKS", AND ENACTING A NEW SECTION 6.3.3, "NEWSRACKS, BENCHES AND OTHER UNATTACHED FIXTURES" TO PROVIDE FOR THE APPLICATION OF THIS SECTION TO ALL UNATTACHED FIXTURES WITHIN THE RIGHT-OF-WAY; PROVIDING FOR DEFINITIONS; PROVIDING FOR OBJECTIVE STANDARDS FOR THE LOCATION OF UNATTACHED FIXTURES IN THE RIGHT-OF-WAY; PROVIDING STANDARDS FOR INSTALLA- TION AND MAINTENANCE OF NEWSRACKS; PROVIDING A BAN ON THE LOCATION OF NEWS RACKS WITHIN RIGHTS-OF-WAY OF SINGLE FAMILY RESIDENTIAL DISTRICTS; PROVIDING FOR ENFORCEMENT BY CODE ENFORCEMENT DEPARTMENT; PROVID- ING FOR SPECIFIC APPELLATE REMEDIES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has invested millions of dollars in installing and maintaining streetscaping and landscaping along the public rights-of-way within Delray Beach; and, WHEREAS, the City of Delray Beach is in the process of imple- menting its Decade of Excellence Bond program' which will provide additional funding of drainage, paving, and beautification of rights- of-way within Delray Beach; and, WHEREAS, the City Commission of the City of Delray Beach has maintained a strict sign code for a number of years, specifically prohibiting off-site advertising; and, WHEREAS, the City Commission of the City of Delray Beach is desirous of providing safe traffic areas for pedestrians, bicyclists, and motor vehicles; and, WHEREAS, the City Commission of the City of Delray Beach wishes to improve the aesthetics of rights-of-way within its residential and commercial zoned areas; and, WHEREAS, the residential rights-of-way within the City of Delray Beach have not been designed to withstand constant traffic on the nonpaved section of the right-of-way; and, WHEREAS, the City Commission finds that vehicular traffic pulling onto swale areas on a continuing non-emergent basis causes damage to the swale area which negatively affects the aesthetics of the rights-of-way; and, ; ;l, WHEREAS, the City ;Commission finds that vehicular traffic pulling onto swale areas on a continuing non-emergent basis causes damage to the swale area which negatively affects the drainage capabili- ties of the swale area; and, WHEREAS, the City Commission finds that news racks which have the corporate logo and coloration on them are signs within the meaning of the City of Delray Beach Code of Ordinances; and, WHEREAS, the use of newsracks and benches as signs is illegal in Delray Beach and damages the aesthetic quality of our residential and commercial zoned neighborhoods; and, ., '. . . WHEREAS, the City Commission of the City of Delray Beach believes that improving the aesthetics of Delray Beach's residential and commercial neighborhoods will improve the quality of life for the citizens of Delray Beach; an~, WHEREAS, the City Commission finds that damaged swale areas negatively affects property 'values adjacent to such swale areas and rights-of-way; and, WHEREAS, the City Commission of the City of Delray Beach believes there is adequate areas of distribution available. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 6.3, "Use and Work in the Public Right-of-Way", Section 6.3.3, "Newsracks" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed, and a new Section 6.3.3, "Newsracks" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, is hereby enacted to read as follows: Section 6.3.3 Newsracks, Benches and Other Unattached Fixtures in the Right-of-Way: Any newsrack, bench and other non-attached fixture (hereinafter collectively referred to as "movable fixtures") which rests in whole or in part upon, or on any portion of the public right-of-way or which projects onto, into, or over any part of a, public right-of-way, or which is upon private property shall be loca7'ed and maintained in accordance with this Section. (A) Definitions. For the purpose of this subsection the following -- -- --- - definitions shall apply unless the context clearly indicates or requires a different meaning. "Advertising Circular." Any publication that contains only advertising and no news reports. "Auxiliary Lane." A turn lane or parking area. "Bike Path." That portion of a right-of-way improved, designed, or ordinarily used for bicycle traffic. "Controlling Entity." The person or entity responsible for placing and maintaining a movable fixture, the owner of the movable fixture, or the publisher of the newspaper vended within a newsrack. "Newsrack." Any self-service or cOin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of newspaper or other news periodicals or advertising circulars. "Paved Surfaces." Any hard maintained surface used or built for the purpose of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to, asphalt, concrete, paver block, tree grates and/or rocks. "Public Agency." The city, county, or the state. "Right-of-Way." All that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited to, roadways, swales, bike paths, and sidewalks. "Roadway." That portion of a right-of-way improved, designed, or ordinarily used for vehicular traffic. 2 ORD. NO. ,.. .. '. . . "Sidewalk." Any surface within a right-of-way provided for the exclusive or primary use of pedestrians. "Swale." Any area within a right-of-way which is not either a bike path, sidewalk, or roadway. The terms shall also include any area within a roadway which is not open to vehicular travel. (B) Prohibited Locations: ( 1) Landscaped Areas: Movable fixtures shall not be placed or installed or erected on any landscaped area within an improved public right-of-way. The landscaped areas include, but are not Hmi ted to, those areas in which the following ground cover materials placed: (a) Sod, (b) Decorative plants, or (c) Native plants maintained to match the surrounding floor. (2 ) Public Utilities: Movable fixtures shall not be placed, installed, or erected to obstruct the use of any public utility pole or structure. These areas are defined as follows: (a) Drainage structures: Movable fixtures shall not be placed within 15 feet of any drainage structure, inlet pipe, or other physical object meant to carry water fo~drainage purposes, Poles: Movable I shall be (b) Utility fixtures not physically attached, chained, bolted to a utility pole, or be placed within 15 feet of a utility pole, (c) Fire Hydrants: Movable fixtures shall not be located within 25 feet of a fire hydrant. (3 ) Traffic Control Devices: Movable fixtures shall not be installed or erected to obs truct the function of traffic signals, traffic signs or paved markings. These areas shall be defined as follows: ( a) Traffic signals. (1 ) Movable fixtures shall not be physically attached, bolted, or chained to a traffic signal pole, or be within 15 feet of a traffic signal pole. (2 ) Movable fixtures shall not be placed in such a manner which obstructs :the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow f or the free pedestrian flow, and handicap access, to and from pedestrian traffic signal push buttons, movable fixtures shall be placed at least 30 inches away from such pedestrian traffic signal push buttons. (b) Traffic signs. Movable fixtures shall not be physically attached, bolted, chained to, or touch a traffic sign or post used for the support of a traffic sign or signs. (4 ) Paved Surfaces: No moveable fixture shall be placed, installed, or erected indirectly on a paved surface which is intended primarily for the use of motor vehicles. (a) Any movable fixture shall be placed or maintained on a sidewalk shall leave a clear area for traffic of not less than 5 feet. 3 ORD. NO. 'I " . . (b) Any movable fixture which is placed or maintained on a bike path shall leave a clear area for traffic of not less than 8 feet. (5 ) Clear Zones: Movable fixtures shall not be installed, attached, placed or erected within clear zones as defined in this section. Clear zones are defined as follows: (a) The area within five feet of the face of a six inch high vertically faced curb. (b) The area from the edge of the travel lane on the adjacent road for the following distances: Speed Limit of Adiacent Road Distance 25 mph 6 feet 30 10 feet 35 18 feet 40 - 45 24 feet 50 or more 30 feet If the speed limit of the road is not visible, it is assumed that the speed limit is 30 mph for purposes of this ordinance. If two roads with di fferent speed limi ts intersect, the greater speed limit distance shall prevail. (c) The area measured from the edge/of an auxiliary lane of the adjacent street within the following d~stances. Speed Limit Auxiliary Lane Distance 25 mph 6 feet 30 10 feet 35 18 feet 40 - 45 24 feet 50 or more . 30 feet If the speed l1mi t of the road is not visible, it is assumed that the speed limit is 30 mph for purposes of this ordinance. If two roads with different speed limits intersect, the greater speed limit distance shall prevail. (6 ) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected within the sight areas defined in this section. For purposes of this ordinance, sight areas extend vertically 3 feet from the pavement elevation. (a) Traffic Sign Sight Area - The sight area adjacent to traffic signs shall be the triangular area in advance of the traffic sign delineated by the following area: a line extending from the pavement in a perpendicular direction to the base of the traffic sign, another line along the pavement for 300 feet, and the hypotenuse connecting the two lines. (b) Residential Driveway Sight Areas 1. Single Family Residences - The sight area adjacent to single family residential driveways shall be the rectangular area extending 30 feet from the edge of the driveway at the point where the driveway meets the pavement edge, ~xtending 15 feet from the pavement edge towards the residence. 2. Other Residences - The sight area adjacent to all other residential driveways shall be a triangular area defined as follows: A line commencing at the center of the driveway approach lane extending 15 feet from the edge of the pavement shall define the base of the 4 ORO. NO. -.-_0. -, ., '. . , triangle, the hypotenuse shall be a straight line connecting this point with a point X feet both left and right measured from the center of the driveway approach lane along the near side edge of pavement. Speed Limit Distance 25 - 35 mph 325 feet 40 400 feet 45 475 feet 50 or more 650 feet (c) Non-Residential Driveway Sight Area. The sight area adjacent to non-residential driveways shall be that area as defined in Section Newsracks shall not occupy a space measured as defined in Section 6.3.3 B(5)(b)2. (7 ) Other Areas: Movable fixtures shall not be placed, attached, installed, or erected in any of the following areas: (a) The area within 50 feet of any railroad track, (b) On any city property, unless the location has been specifically permitted by the city Manager or his designee, and (c) The area within medians of a divided roadway. (8 ) Movable fixtures shall not be placed on any roadway, bike path, sidewalk or adjacent swale area within single family residential zoned districts of the City. I (9 ) The use of a bench for advertising purposes is strictly prohibited. (D) Standards for Newsracks Maintenance and Installation: (1 ) No more than one news rack containing the same issue or edition of the same publication shall be located within the -.- -- same block or 1,000 feet, whichever is the lesser distance, on the same side of the street, provided, however, a controlling enti ty may locate newsrack closer to each other if a public need is determined to exist. A public need may be established by the following method, but such method is not exclusive. A controlling entity desiring to establish a public need, may place a news rack at the proposed location after notice to the City for a period of one month. If during that one month test period, the average circulation from that news rack equals or exceeds 75 percent of the capacity of the newsrack, the public need is established and the news rack may remain at its location. (2 ) Any news rack which in whole or in part rests upon, in, or over any public property or right-of-way shall comply with the following standards: (a) Single news racks shall not exceed 4 feet, 6 inches in height, 40 inches wide and 24 inches in depth. (c) Coin operated news racks shall be equipped with a coin return mechanism to permit a person wishing to purchase a newspaper or periodical to secure an immediate refund in the event the news rack is inoperable. At all times, the coin return mechanism shall be maintained in good working order. (d) The controlling entity shall permanently affix to its news racks a label which states a 24 hour operable telephone number of a working telephone service which the 5 ORO. NO. - Of ,I . \ customer may call to report a malfunction, or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face, the name and address of the distributor to give the notices provided for in this chapter. (e) The controlling entity shall maintain each news rack in a neat and clean condition, and in good repair at all times. (f) All news racks shall have a uniform light brown finish. Provided, however, that newsracks may be of any color if they are shielded from view on three sides in a covering built and permitted in accordance with the City's Building Code. ( g) All news racks which are placed, attached, installed or erected in accordance with this ordinance on surfaces intended primarily for the use of pedestrians shall leave a clear area for traffic of not less than 5 feet. (h) All news racks which are placed, attached, installed or erected on paved surfaces intended primarily for the use of bicycles shall leave a clear area for traffic of not less than 8 feet. I I (0) Restrictions on Advertising: I Newsracks shall not be used for advertising or publicity purposes other than that pertaining to the display, sale or purchase of the newspaper or news periodicals sold or dis- tributed therein. Only one (1 ) advertising sign, not exceeding two square feet in area, may be placed on a news rack. In addition to the advertising sign, the con- trolling entity may display once, on a newsrack, the name of the publication. The name of the publication may be displayed in lettering no greater than 12" in height. (E) Abandonment: In the event a news rack remains empty for a period of 30 continuous days, it shall be deemed abandoned, and may be treated in the same manner as provided in section (F) below for movable fixtures in violation of the provisions of this subchapter. (F) Enforcement; Correction of Violation: (1 ) Upon determination by a Code Enforcement Of ficer that a movable fixture has been installed, used, or maintained in violation of the provisions of this subchapter. An order to correct the offending condition shall be issued to the entity controlling the movable fixture. (2 ) The order to correct the offending condition shall specifically describe the offending condition and/or violation and suggest actions necessary to correct the condition or violation. Such order shall be mailed by certi fied mail return receipt requested to the controlling entity. (3 ) Failure to properly correct the offending condition or violation within 15 days after the mailing date of the order, shall result in the offending movable fixture being removed by the city. Any movable fixture removed by the city hereunder shall be stored at the controlling entity's expense for a period of 30 days. The movable fixture shall be 6 ORO. NO. --. .. . ., '. . released upon a proper showing of ownership and payment of any and all storage charges. In the event the movable fixture is not claimed within the 30 day period, the movable fixture may be sold at public auction and the proceeds applied first to removal, administrative and storage charges, and the remainder, if any, then paid into the General Fund of the City. (4 ) If the controlling entity is not identified on the moveable fixture, it will be considered abandoned and posted as such. ( 5) If the movable fixture is posted as abandoned and not removed within 7 days from the date of posting, or the City is not contacted by the controlling entity within 7 days from receipt of the order, the City may remove the movable fixture immediately. The City shall store the movable fixture for 30 days and if not claimed within that time, the City may dispose of the movable fixture in any manner it deems appro- priate. If the movable fixture is claimed, the entity claiming the movable fixture shall pay for all removal, administrative and storage charges prior to release of the fixture. If the charges are not paid within 15 days of claim being made, the City may dispose of the movable fixture. (6 ) At least ten days prior to the public auction, the City Clerk shall publish a description of/the movable fixture, the location from where it was removedj and notice of the auction in a newspaper of general circul~tion in the city and shall provide the controlling entity identified on the movable fixture, or if otherwise known, with written notification of the auction by certified mail, return receipt requested. Provided, however, that the City Manager, or his designee, may dispose of the movable fixture in any manner it sees fit, including negotiating the release of the movable fixture to the controlling entity for less than full payment of all storage charges if the controlling entity is of the opinion that such disposal will be more advantageous to the City than auctioning off the movable fixture. (7 ) In the event the controlling entity appeals the order to correct the offending condition, as provided for in Subsection 6.3.3(G), below, then removal of the movable fixture shall be stayed pending final disposition of the appeal, which final disposition shall include any judicial review. The city shall reimburse the controlling entity any storage charges paid pursuant to an order issued by the city in the event the decision on the appeal is rendered favorable to the controlling entity. (G) Appeals: Any person or controlling entity aggrieved by any order, finding, or determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the City of Oelray Beach. The appellant must effect their appeal within 15 days after receipt of the order mailed to the appellant pursuant to this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code Enforcement Board shall hold a hearing on the appeal no later than 30 days following the receipt of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant shall be given at least 7 days written notice of the time and place of the hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the fixture is not violating this ordinance. At the conclusion of the hearing the Board shall make a final and conclusive determination. The determination shall be reduced to writing and signed by the Board and 7 ORO. NO. - .. '. - - filed in the Office of the City Clerk within 15 days of the hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when rendered. The decision of the Board may be appealed as provided for by law. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immedi- ately upon its passage on second and final reading; provided, however that the City's formal enforcement measures shall not begin for a period of one hundred twenty (120) days. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 199 - . MAY 0 R ATTEST: " I City Clerk First Reading Second Reading ,. - ...-- 8 ORD. NO. 'f " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER'7v SUBJECT: AGENDA ITEM i 12 .A.- MEETING OF APRIL 14. 1992 ORDINANCE NO. 15-92 DATE: April 10, 1992 This is a first reading of an ordinance regulating the placement of newsracks and other movable fixtures within the City's rights-of-way. At the time the agenda was completed, the City Attorney's office was still revising the draft ordinance. The ordinance and related backup material will be forwarded to you prior to the April 14th regular meeting. '. " ,-' ./ '. C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~::E~:::GER FROM: ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 14, 1992 NEWSRACK ORDINANCE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of this proposed ordinance on first reading. The ordinance is being presented by the Office of the City Attorney. BACKGROUND: This item was initiated by direction of the City Commission. It has been previously discussed in work sessions. A draft ordinance was reviewed and referred to the Planning and Zoning Board. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of March 26th at which time it was forwarded with the following recommendation and comment: That the ordinance be approved upon first reading on April 14th and that the subject matter and direction of the regulations is recommended for approval. However, the Board will give further review to standards which are contained therein and will provide further recommendations at its meeting of April 20th. Those recommendations will be presented to the City Commission at the time of the public hearing and second reading. Those recommendations will not affect the caption. RECOMMENDED ACTION: By motion, approval of the ordinance on first reading and set a public hearing date. Attachment: * Ordinance by others ,. [ITY DF DElHAY BEA[H 100 N.W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243.7000 April 13, 1992 Mr. George Liddy Liddun International, Inc. 2929 East Commercial Boulevard, Suite 610 Ft. Lauderdale, Florida 33308 Dear Mr. Liddy: As you are aware, I met last week with Tom Seitz and Tony Chiricosta to review your letter of March 31, 1992, outlining what would be needed to bring the Virginia Slims Tournament to Delray Beach. I am pleased to report that we agreed between us that we can provide all the facilities requested in your letter. The City Attorney, Mr. Jeff Kurtz, is drafting an agreement incorporating the terms outlined in your letter. He has tried to reach you this afternoon by telephone to discuss some questions he has .concerning definition of some terms, insurance to be provided by the City, and a fixed yearly rental as requested by you. We like your proposal of a fixed yearly rental, we just need to determine the amount. Our draft agreement is to be reviewed by the German group's attorney tomorrow. Hopefully, I will be able to send you a copy on Wednesday. Please call me if you have any questions. Sincerely, iW ~rJ~~ DAVID T. HARDEN City Manager DTH:nr THE EFFORT ALW"'"\YS ~/1 ,uTTERS '.