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04-28-92 Regular .. . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - APRIL 28. 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 from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, 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 4/28/92 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 April 14, 1992 and Special Meeting Minutes of April 7, 1992. 6. Proclamations: A. National Preservation Week - May 10 through 16, 1992. B. Soil and Water Stewardship Week - April 26 through May 3 , 1992. C. USPTA's Across America Tennis Day - May 9, 1992. 7. Presentations: None. 8. Consent Agenda: City Manager recommends approval. A. AUTHORIZATION TO SUBMIT APPLICATION FOR SUMMER FOOD SERVICE PROGRAM: Authorize staff to submit an application to the Florida Department of Education for reimbursement of funds expended to provide lunches for the participants in the City's Summer Camp program. B. RESOLUTION NO. 47-92: A resolution requesting funding in the amount of $811,827, for Fiscal Year 1993/94, from the Florida Department of Natural Resources for biological monitoring, beach monitoring, protective walkways, dune revegetation, beach nourishment and attendant engineering services. -2- .. " City Commission . Regular Meeting 4/28/92 C. RESOLUTION NO. 48-92: A resolution abandoning a 50 foot drainage easement located on the southwest corner of the Lake Ida Church of Christ property at Roosevelt Avenue. D. FINAL PLAT APPROVAL: Approve the final (boundary) plat for the Lake Ida Church of Christ located on the southwest corner of Lake Ida Road and Roosevelt Avenue. qA-A (j. WAIVER OF PAVEMENT REOUIREMENTS: Grant a waiver to reduce the pavement width requirement on S.E. 1st Avenue associated with the Griffin Gate development proposal. F. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify the release of $1.5 Million from the Sinking Fund to the City of Boynton Beach. G. ADDITIONAL ENGINEERING SERVICES/SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT PLANT: Authorize payment to Camp, Dresser and McKee for additional engineering services with regard to the Odor Abatement and Aeration Basin Project in the amount of $211732.31; with City's 50% of assessed funding from Water and Sewer Revenue Bond SCWTD Odor Control (Account No. 447-5165-536-33.11). H. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL ACTION: Ratify close-out Change Order No. 4 to the contract with SCE, Inc. which decreases the contract price by $14,137.31. 1. RESOLUTION NO. 44-92: A resolution assessing the cost for abatement action necessary to board up an unsafe structure at 142-144 s.w. 13th Avenue. J. RESOLUTION NO. 45-92: A resolution assessing the cost for abatement action necessary to demolish an unsafe structure at 126 N.W. 11th Avenue. K. RESOLUTION NO. 46-92: A resolution assessing the cost for abatement action necessary to remove nuisances on 22 properties located within the City. L. AWARD OF BIDS AND CONTRACTS: 1. One ( 1 ) Life Support Vehicle - Fire Department - Southern Ambulance Builder's Inc. in the amount of $82,122 with funding from HRS Matching Grant (Account No. 115-0000-248-92.00/$42,000) and City Garage Vehicle Replacement (Account No. 501-3312-591-60.84/$40,122). 2. One ( 1 ) 1992 Ford Taurus Sedan - Central Garage - Duvall Ford (State contract) in the amount of $10,714 with funding from City Garage Vehicle Replacement (Account No. 501-3312-591-60.84). 3. Five Year Extended Service Agreement - Kodak Edicon Mug Imagining System (Police Department) - Kodak in the amount -3- '. ,. City Commission Regular Meeting 4/28/92 of $7,217 per year with funding from General Fund Investigations Budget (Account No. 001-2115-521-33.32). M. TRI-PARTITE AGREEMENT/BANKER'S ROW: Approve a tri-partite agreement between the City, Community Redevelopment Agency and the Bankers' Row Homeowners Association, Inc. for the redevelopment and improvement of the street and infra-structure for N.E. 1st Avenue between N.E. 2nd and N.E. 3rd Streets. N. REASSIGNMENT OF GOLF COURSE MANAGEMENT AGREEMENT: Reassign the Golf Course Management Agreement dated January 15, 1992, and as amended, from Dubin and Associates to BJCE, Inc. O. SUBSTITUTION OF COUNSEL/NISSENBLATT VS. CITY: Approve the substitution of counsel and authorize Morgan S. Bragg to represent the City in the Nissenblatt vs. City of Delray Beach litigation. 9. Regular Agenda: Add ~.£. AS c¡M 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 April 13, 1992 through April 24, 1992. B. CONDITIONAL USE APPROVAL: Consider a request to renew the conditional use approval to establish the Church of God of Prophecy on the southeast corner of S.W. 4th Avenue and S.W. 4th Street. Planning and Zoning Board recomemnds approval. C. CONDITIONAL USE APPROVAL: Consider a request for conditional use approval to establish a parking lot on the northwest corner of N.E. 1st Avenue and N.E. 2nd Street in the Banker's Row Historic District. Planning and Zoning Board recommends approval. D. REOUEST TO HOLD SPECIAL EVENT: Consider a request from the Sun-Sentinel to hold a "Sand Blast" at the Municipal Beach on July 4, 1992; authorize the erection of a sign, sale of food and beverages on the Beach; and provide security for the event. E. AGREEMENT WITH LIDDUN INTERNATIONAL INC. : Consider an agreement with Liddun International, Inc. to bring a professional women's tennis tournament with the Kraft Tour to the City. F. PROPOSED AMENDMENTS TO THE CODE OF ORDINANCES: Provide direction with regard to a proposal to amend sections of the City Code relating to the Police and Fire Retirement System to provide for the elimination of the social security off-set on disability benefits, establishment of a 25% minimum for non-service connected disabilities, and for the investment of up to 60% of fund assets in common stocks. -4- .. City Commission Regular Meeting 4/28/92 Q. SERVICE AUTHORIZATION NO. 6/CURRIE SCHNEIDER AND ASSOCIATES: Consider approving Service Authorization No. 6 in the amount of $2,145 to the contract with Currie Schneider and Associates for additional architectural services to relocate fire hydrants and water mains in conjunction with the Fire Station No. 1 project. 10. Public Hearings: A. REOUEST FOR WAIVER OF THE SIGN CODE: Consider a request for waiver of the Sign Code to permit an additional free standing sign for the Avalanche Bar and Grille located at 1942 S. Federal Highway. Site Plan Review and Appearance Board recommends approval subject to conditions. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 16-92: An Ordinance changing the City's Land Use Plan Designation in the Comprehensive Plan Transitional to General Commercial for property located on the northwest corner of Barwick Road and West Atlantic Avenue; amending the Land Use Plan; and providing for exemption from the transmittal and ORC process. Planning and Zoning Board recommends approval. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -6- 0" ,.... " [ITY DF DELRAY BEA[H .-"-= ...¡:. . _..-. PROCLAJIA TIO.\ WHEREAS, historic preservation gives Americans an authentic experience of their diverse heritage and provides direction for future generations; and, WHEREAS, historic preservation enhances the livability of cities, towns and rural areas across America; and, WHEREAS, historic preservation provides an opportunity for citizens of all ages and all cultures to maintain, preserve and protect America's heritage; and, WHEREAS, "Preservation Brings History to Life", is the theme for Preservation Week 1992, co-sponsored by the Historic Palm Beach County Preservation Board and the National Trust for Historic Preservation, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim May 10-16, 1992, as "NATIONAL PRESERVATION WEEK" and call upon the people of Delray Beach, Florida, to recognize and participate in this special observance. 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 28th day of April, 1992. THOMAS E. LYNCH MAY 0 R SEAL (p A, t '. ,. [ITY DF DELRAY BEA[H <:)0 'J,'j ;..:., '.;i.::'~ ~,E :;f:.~r:1'::''v d;:',.:.r:.:,-, :';_'=.81'::~ 33444 PROCL-U/A. no\ WHEREAS, the well-being of our people depends upon the production of ample supplies of food, fiber and other products of the soil; and, WHEREAS, the quality and quantity of these products depend upon the conservation, wise use and proper management of the soil and water resources; and, WHEREAS, protection of our surface waters from pollution is dependent upon protection of soils from being blown or washed into those waters; and, WHEREAS, conservation districts provide a practical and democratic organization through which landowners are taking the initiative to conserve and make proper use of these resources; and, WHEREAS, the soil conservation movement is carrying forward a program of soil and water conservation in cooperation with numerous agencies and countless individuals, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, in full appreciation of the value of our soil and water resources to the public welfare, and desiring to honor those who protect those resources, do hereby proclaim April 26 - May 3, 1992, as "SOIL AND WATER STEWARDSHIP WEEK" in the City of Delray Beach, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 28th day of April, 1992. MAY 0 R THOMAS E. LYNCH SEAL . ~, i3 f .. ,." " [ITY OF DELRAY BEA[H ":"i::,"J'_E ;~;.:,_c-'.,..... ==~c....J':"_ .:....:;':.::,.'. ,; ,..144 PROCLUJA TIO\ WHEREAS, tennis is a recreational game and a competitive sport that is played by millions of people of all ages and ability levels across the United States; and, WHEREAS, tennis is a proven means of achieving physical fitness; and, WHEREAS, the United States Professional Tennis Associa- tion, or USPTA, is the oldest and largest association of profes- sional tennis teachers in the world; and, WHEREAS, USPTA, a not-for-profit association, and its members aspire to increase participation in tennis and to elevate the standards of tennis teaching as a profession; and, WHEREAS, the month of May, in the year Nineteen Hundred and Ninety-two, has been designated "National Physical Fitness and Sports Month"; and, WHEREAS, the day of May Ninth, in the year Nineteen Hundred and Ninety-two, has been designated "Across America Tennis Day"; and, WHEREAS, the goal of physical fitness is shared by both USPTA and the great State of Florida and the City of Delray Beach, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim May 9, 1992, as "USPTA'S ACROSS AMERICA TENNIS DAY" in the City of Delray Beach and encourage all citizens to acknowl- edge the unselfish efforts of USPTA teaching professionals in their efforts to further the revitalization of tennis and to instill the value of health consciousness in communities across the United States. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 28th day of April, 1992. MAY 0 R THOMAS E. LYNCH SEAL . ~,C, . ,. "'1 " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ¿;¿VI¡ SUBJECT: AGENDA ITEM i ~A - MEETING OF APRIL 28. 1992 AUTHORIZATION TO SUBMIT APPLICATION/SUMMER LUNCH PROGRAM DATE: April 24, 1992 This item is before you to authorize staff to submit an application to the State Board of Education for funding to provide free lunches to summer camp participants. Under this program, lunches will be served at the Community Center, Pompey Park, Carver Recreation Site, and Atlantic High School. Last year over 10,000 lunches were served during the eight week summer camp program. There is no cost to the City other than staff time. A detailed staff report is attached as backup material for this item. Recommend approval of request for authorization to submit an application to the State Board of Education for funding to provide free lunches to summer camp participants. '. IA- /1 \) ..\ , " - V~_·· .~, . " £1" OF OELAA' BEA£H 100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 MEMORANDUM TO: David T. Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Summer Lunch Program DATE: April 20, 1992 The Parks and Recreation Department is preparing again to submit an application to the State Board of Education to conduct a subsidized summer lunch program. The program this year will be conducted at four sites, as compared to three the previous four years. The sites will be the Community Center, Pompey Park, Carver Recreation Site and Atlantic High School. The lunch is provided free to all camp participants. Last year over 10,000 lunches were served during the eight week summer camp program. There is no cost to the Ci ty other than staff time for receiving and dispensing the lunches, and the filing of the various reports for payment, etc. The City has, in fact, generated surplus monies from the program, Please place this on the agenda for April 28th for City Commission consideration, Parks and Recreation cc: Alison MacGregor Harty Ref:smmrlnch THE EFFORT ALWAYS MATTERS " '''I' " ". - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ,'r:,./ SUBJECT: AGENDA ITEM i 'õ.B - MEETING OF APRIL 28. 1992 RESOLUTION NO. 47-92 DATE: April 24, 1992 This is a resolution requesting funding in the amount of $811,827, for Fiscal Year 1993/94, from the Florida Department of Natural Resources for biological monitoring, beach monitoring, protective walkways, dune revegetation, beach nourishment and attendant engineering services. Activities included in this funding request are: -Environmental monitoring during pre-construction, construction, and post construction of the reef and nearshore environment; and sea turtle monitoring and conservation program. -Dune revegetation to replace plantings which have been damaged by disease and expansion of the foredune area. -Improvements to beach access points. -Offset for additional costs for construction and engineering services in conjunction with the beach renourishment project due to permit condition (October 15 to May 15 construction restriction) . -Pre-construction and post-construction surveys to determine pay quantities. A detailed staff report is attached as backup material for this item. Recommend approval of Resolution No. 47-92 requesting funding in the amount of $811,827, for Fiscal Year 1993/94, from the Florida Department of Natural Resources for biological monitoring, beach monitoring, protective walkways, dune revegetation, beach nourishment and attendant engineering services. .. .-, · RESOLUTION NO. 47 - q? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING FOR THE FISCAL YEAR 1993/94 FOR BIOLOGICAL MONITORING, BEACH MONITORING, PROTECTIVE WALKWAYS, AND DUNE REVEGETATION, BEACH NOURISHMENT AND ENGINEERING. WHEREAS , the City of Delray Beach, Florida is committed to a fifty (50) year program of Coastal Restoration and Preservation; and, WHEREAS , the State of Florida Statute 161.091 Provides for reimbursement of certain costs to local sponsors of Beach Nourishment Projects; and, WHEREAS , the City of Delray Beach has a successful, ongoing beach nourishment and maintenance program; and, WHEREAS , the City of Delray Beach wants to continue their beach program; and, WHEREAS , the continuation of the beach program requires the following work to be carried out in FY 1993/94: a) Biological Monitoring - Pre-construction, construction, and post construction monitoring of the reef and nearshore environment as required by State permits for the beach nourishment project. Sea turtle monitoring and conservation program. b) Beach Monitoring - Yearly assessment of beach nourishment project performance as required by State permits. c) Protective Walkways - Construction of protective walkways as recommended by the Comprehensive Plan and Beach Access Study. d) Dune Revegetation - Installation of additional vegetation to restore the existing dune and enhance the foredune. e) Beach Nourishment - Additional costs of Beach Nourishment created by permit requirements prohibiting fill placement between May 15th and October 15th. f) Engineering - Additional costs of Beach Nourishment Project Engineering created by permit requirements prohibiting fill placement between May 15th and October 15th. Pre- construction and post construction surveys to determine pay quantities. WHEREAS { The Department of Natural Resources is authorized by Chapter 161 to assist in funding of the above mentioned types of projects. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section L That the City of Delray Beach, Florida hereby requests $811,827.00 in funding assistance from the Department of Natural Resources for FY 1993/94. - , 0' . Passed and Adopted in regular session this the ¿8th day of April , 1992. MAYOR ATTEST: CITY CLERK . " '/ . ' . , -"-'/ CITY COMMISSION DOCUMENTATION TO: David T, Harden, City Manager VIA: David Kovacs, Director FROM: John Walker, Project coordinat~ ~ SUBJECT: MEETING OF APRIL 28, 1992 APPLICATION FOR STATE FUNDS, FY 93/94 ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of a resolution requesting funds from the State of Florida in FY 93/94 for beach erosion control activities. BACKGROUND: Funding is available from the State of Florida, through the Department of Natural Resources (DNR) for beach erosion control projects, These projects are eligible for funding consideration under the provisions of Section 161,101, Florida Statutes. Applications are made to DNR for inclusion in their budget request to the Legislature, When appropriated, funds are available on a reimbursement basis. Applications for funding in FY 93/94 must be received by DNR by May 1, 1992. DNR will reimburse 75% of the non-federal share of projects, This application requests $811,827.00 from the State. The federal share is included in the Corps of Engineers and President's budget request to Congress, The local share is available in the Beach Restoration Fund, Activities in this funding request include: Environmental Monitoring which will be required by permit as a one-year follow up to the beach nourishment project. Beach Monitoring surveys to assess the performance of the beach nourishment project one year and two years after construction, These activities are also required by permit. Sea Turtle Conservation Program for 1992 and 1993. Dune revegetation to replace plantings which have been damaged by disease in recent years and to expand the foredune area. Improvements to beach access points. '- · , City Commission Documentation Application For State Funds, FY 93/94 Page 2 Additional costs for the beach nourishment project due to permit conditions requiring construction to take place between October 15 and May 15. Costs include increased construction cost and increased engineering cost, Additional costs for environmental monitoring of the beach nourishment project due to stricter permit requirements imposed on the project. Surveys conducted pre- and post construction to determine pay quantities, RECOMMENDED ACTION: By motion, approve the resolution requesting State funding in FY 93/94 and authorize the Ci ty Manager to submit an application for funding assistance to the Department of Natural Resources, JW/T:DNRFUND2.DOC " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER(7¡A SUBJECT: AGENDA ITEM # í)C: - MEETING OF APRIL 28. 1992 RESOLUTION NO. 48-92 DATE: April 24, 1992 This is a resolution abandoning a 50 foot drainage easement located in the southeast corner of the Lake Ida Church of Christ site on Roosevelt Avenue. During review of the survey and plans for the Lake Ida Church of Christ project staff discovered that a 50 foot drainage easement existed in the southeast corner of the site at Roosevelt Avenue. Through initiation of the abandonment process it was discovered that the easement had been previously dedicated to Palm Beach County. Subsequently, staff requested that the County transfer jurisdiction of the easement to the CitYi and, at the March 24, 1992 regular meeting the City formally accepted the easement. As the easement is not being used for any drainage purposes associated with the church, it is appropriate for the City to abandon the easement. Drainage for the site will provided via swales and retention devices. Additionally, abandonment of this drainage easement will not be detrimental to the provision of drainage services to adjacent properties or the general area. Recommend approval of Resolution No. 48-92 abandoning a 50 foot drainage easement on the southeast corner of the Lake Ida Church site on Roosevelt Avenue. " " " ~ ~ -~.....=.-:=:=...~:-:=- -....::.::=-= ...=...-=-=---===-=-:-:-=--~ --=:=::::==:=.== ---~ -====.- - -----::------ - - - -- RESOLUTION NO. 48-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 50 FOOT DRAINAGE EASEMENT LYING WITHIN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHE REAS , the Church of Christ at 125 S.W. 15th Avenue, Incorporated, is the fee-simple owner of that portion of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 8, Township 46 South, Range 43 East, which lies south of the south right-of-way line of Lake Ida Road, and lying west of the west right-of-way line of Roosevelt Avenue, Delray Beach, Florida: and, WHEREAS, Woodrow W. Lockett, Agent for Church of Christ at 125 S.W. 15th Avenue, Incorporated, has made application for abandonment of a 50 foot drainage easement lying within Section 8, Township 46 South, Range 43 East and being more particularly described herein; and, WHEREAS, the City Conunission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said drainage easement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: A parcel of land being 50.00 feet by 37.00 feet, in Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Begin at the point of intersection of the South line of said Section 8 and the west right-of-way line of Roosevelt Avenue as shown on the Plat of Jefferson Manor as recorded in Plat Book 24, Page 150 of the Public Records of Palm Beach County, Florida. Thence proceed along the south line of said Section 8, N 89 27' 47" E. , (assumed) , a distance of 37.00 feet: thence N. 00 26' 34" W. , a distance of 50.00 feet; thence S 89 27' 47" W., a distance of 37.00 feet: thence S 00 26' 34" E. , being the west right-of-way line of Roosevelt Avenue, a distance of 50.00 feet to the point of beginning. PASSED AND ADOPTED in regular session on this the 28th day of April, 1992. MAY 0 R ATTEST: . - \ City Clerk , " · -" C I T Y COM MIS S ION DOC U MEN TAT ION TO: _-PAVID T. HARDEN, CITY MANAGER , ~ \ \/ 0,-,- (.,J '1--(:.)~ (\l'--1- THRU: DAVID J, KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: STEVEN E. TAYLOR ~¡t PLANNING TECHNICIAN I SUBJECT: MEETING OF APRIL 28, 1992 ABANDONMENT OF DRAINAGE EASEMENT **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of abandonment of a drainage easement associated with the Lake Ida Church of Christ, The project is located at the southwest corner of Lake Ida Road and Roosevelt Avenue. BACKGROUND: On August 27, 1991 the City Commission approved the conditional use request f or the Lake Ida Church of Christ, a 3-phase 19,182 square foot facility, subject to conditions. On November 20, 1991 the Site Plan Review and Appearance Board approved the site plan, landscape plan, and elevations for the church also subject to conditions, Through the review of the survey and plans it was discovered that a 50' drainage easement existed in the southeast corner of the site, . Since this easement is not being used for any drainage purposes associated with the church, it is appropriate to abandon the easement. However, once the abandonment procedure was initiated it was discovered that the easement was dedicated to Palm Beach County some time ago. Therefore, no City action could abandon the drainage easement until such time as the jurisdiction of the easement was transferred to the City of Delray Beach. At the March 24, 1992 City Commission meeting the City accepted jurisdiction of this drainage easement. All review comments have been received with no objections to the abandonment of this drainage easement. " . ... City Commission Documentation Abandonment of Drainage Easement Page 2 FINDING: Prior to the granting of an abandonment the following finding must be made: * That the abandonment will not result in detriment for the provision of services to adjacent properties or the general area. Due to the fact that this drainage easement only served the Lake Ida Church site and drainage on this site will be otherwise maintained through appropriate swales and retention devices, the abandonment of this drainage easement will not be detrimental to the provision of drainage services, PLANNING AND ZONING BOARD CONSIDERATION: No Planning and Zoning Board consideration is required for the abandonment of easements. RECOMMENDED ACTION: By motion, approve the abandonment of the 50' drainage easement through the enactment of Resolution -92, Attachment: * Location Map ST/IDAESM,DOC '. .. ' f¡ <:). 7 <:)' <:) ~' ~ ....; ~ ~ ~~ E'lVl"lt{D - V I ROAD' / ~ / ~. LAKE IDA ROAD Q: .,." R ~ w ;:) ~ 'I z w ~ "" \. - !::j I w w Z > :5 w w en r- LEE STREET 0 ;:) 0 z a:: Y.I ~ ~ - @ > ~ « « 3 - 0 U % ~ ~ I-- ::J z N 0 .... ... t; PROSPECT STREET .... I-- Z % "-- en ~ ~ ~ z z ~ I-- N.W. 3RD ST, '- \. a.; w ~ ~ :~ ABANDONMENT OF' DRAINAGE EASEMENT N \ ASSOCIATED WITH . LAKE IDA CHURCH OF' CHRIST - \ ., MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER rø1 SUBJECT: AGENDA ITEM # ~1) - MEETING OF APRIL 28. 1992 FINAL PLAT APPROVAL/LAKE IDA CHURCH OF CHRIST DATE: April 24, 1992 We have received a request for final plat approval for the Lake Ida Church of Christ located on the southwest corner of Lake Ida Road and Roosevelt Avenue. This final (boundary) plat was required as a condition of conditional use approval. In accordance with LDR Section 2.4.5(K)(5), when a boundary plat is filed for a single parcel, pursuant to an approved site and development plan, the City Commission must find that the plat is consistent with the findings made upon approval of the site and development plan. This final plat is consistent with those findings. At their November 20, 1991 meeting the Site Plan Review and Appearance Board approved the site plan subject to conditions. The applicant is currently revising plans to address outstanding condi tions of site plan approval. Those conditions do not affect the final plat action. However, the final plat must be recorded prior to the issuance of building permits. A detailed staff report is attached as backup material for this item. Recommend approval of final (boundary) plat for the Lake Ida Church of Christ located on the southwest corner of Lake Ida Road and Roosevelt Avenue. .. '- - i . ¿^7'1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T, HARDEN, CITY MANAGER G~) ~UC\pL.- THRU: DAVID J, KOVACS, DIRECTOR DEPARTMENT Q PLANNING AND ZONING FROM: PLANNING TECHNICIAN II SUBJECT: MEETING OF APRIL 28, 1992 . FINAL PLAT - LAKE IDA CHURCH OF CHRIST ** CONSENT AGENDA ** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a final plat (boundary plat) for Lake Ida Church of Christ, The subject property is located at the southwest corner of Lake Ida Road and Roosevelt Avenue. BACKGROUND: At its meeting of August 27, 1991, the City Commission approved the Conditional Use request for Lake Ida Church of Christ subject to conditions, one of which was that a plat be processed, On November 7, 1991, an application for final plat approval was submitted for Lake Ida Church of Christ, The final plat application was considered a minor subdivision (boundary plat) , which only requires action by the City Commission. At its meeting of November 20, 1991, the Site Plan Review and Appearance Board approved the site plan subject to conditions. The applicant is currently revising plans to address outstanding conditions of site plan approval, The final plat is to be recorded prior to issuance of a building permit. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not reviewed this item (the Plat) as it is only considered a minor subdivision (boundary plat) and, as such, is processed directly to the City Commission, '. '. . City Commission Documentation Final Plat - Lake Ida Church of Christ Page 2 FINDINGS: According to LDR Section 2,4.5(K) (5), when a boundary plat is filed for a single parcel pursuant to an approved site and development plan, the City Commission must find that the plat is consistent with the findings made upon approval of the site and development plan, This final plat (boundary plat) is consistent with those findings. RECOMMENDED ACTION: By motion, approve the final plat f or Lake Ida Church of Christ based upon a positive finding that the final plat is consistent with findings made upon approval of the site and development plan. Attachments: * Approved Site Plan * Boundary Plat '. - h/-//lL Lßor),./l:>A-R-v) r.) ~ L t4-, /7 {!µv,£:é/l ¿~.e/S7 ¿¡fRý Jí.)fl ~!1i) ¿?r .I i I ~ 1 ?50(}-:-- .. ...... 56S'O? . N ~'( . 0() , ~ JI' ......~{6 ... '/~. f'~'" J' ~ ~.( '" .' '. I ",. /~ ~ 568' 6~~{{' ... ~ '1.'; JJ- 10' /- ......... ..... O~I[ ........ / 55 6{, 5609, ......·,.,$65. '-.....-.." -....!!!,. ............ 565 15'( , .~ ...... / ' " '". ,,~.. · " V"·'·"·... "" '" ",', "". I I 65·O? 15'( 9 -...!-..... ~ ..;:. P~lK BE<C~ ,,,,..n ~1. ."P '.0 90~D1 / I 15'( 6 J9' ............ r\:' ...... III 96 )6' '" ¿§f ~ ..- I - ~ !' "~':" - ~ I I ............. l. I I ............. - AI( I I ............. 11·1Sõ;--- ~ III . ............. 10'- ID ''!\ !~ ---. ,. ,~A I I $t" ' ~{I I J). I'S. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM it 1)e: - MEETING OF APRIL 28. 1992 REOUEST FOR WAIVER OF PAVEMENT WIDTH/GRIFFIN GATE DATE: April 24, 1992 We have received a request for a reduction in pavement width from 24 feet to 20 feet in conjunction with the development of the Griffin Gate project located on east side of Swinton Avenue, south of S.E. 4th Street and west of S.E. 1st Avenue. LDR Section 6.1.2(B) (3) (a) provides that the minimum paving width for a marginal access street is 24 feet. The applicant contends that in order to provide moderate income housing, the widening of S.E. 1st Avenue would be cost prohibitive. Further, LDR Section 6.1.2 (B)(3)(c) provides that upon recommendation of the City Engineer, and with approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required paving width. The Site Plan Review and Appearance Board at their April 15th meeting recommended approval of the reduction in pavement. The City Engineer and Fire Marshal also recommend approval. A detailed staff report is attached as backup material for this item. Recommend approval of request for reduction in pavement width from 24 feet to 20 feet in conjunction with the development of the Griffin Gate project located on east side of Swinton Avenue, south of S.E. 4th Street and west of S.E. 1st Avenue. RemouE£} krn CofJs&rí c¡... h Efl~ f)-S REc¡uj,cr,e /km 9. f1ft. Dfè. fJ I PfÁi/Ì 5 t20 n (!E.eI) 7<:£. £IWfJ-77onS ¡::¡ 0 D¡:?<¿S SED UJ1D~ 9. n. úJ f.1-i u E.e ¡:£~ u£$/ WRS PPPðJUEf) ,-/-0 .. " . c-'/ [f;/! C I T Y COM MIS S ION DOC U MEN TAT ION TO: Cb~VID T. HARDEN, CITY MANAGER ~~~L\~\~('~é'1- THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: JANET MEEKS, PLANNER II~ SUBJECT: MEETING O~ APRIL 28, 1992 CONSIDERATION OF WAIVER FOR THE REDUCTION OF PAVEMENT WIDTH FOR S.E. 1ST AVENUE IN CONJUNCTION WITH THE GRIFFIN GATE PROJECT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of granting a waiver from LDR Section 6.1.2(B)(3)(a) for a reduction in the required pavement width for S.E. 1st Avenue. The request is in conjunction with the Griffin Gate project which is located on the east side of Swinton Avenue, south of S,E. 4th Street, west of S.E. 1st Avenue, BACKGROUND: The Griffin Gate homes will be taking access from S,E. 1st Avenue. The existing pavement width for S.E, 1st Avenue is 17', Through the technical review of the pro j ect , it was identified that the minimum standard paving width for a local street is 24' . The applicant contended that in order to provide moderate income housing, the widening of S.E, 1st Avenue would be cost prohibitive. Therefore, is requesting a reduction in paving width from 24' to 20'. Pursuant to Section 6,1.2(B) (3) (c) Reduction on Pavinq Width: Upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving, The City Engineer and the Fire Marshal are in support of the reduction, .. .. . SITE PLAN REVIEW AND APPEARANCE BOARD: At its meeting of April 15, 1992, the Site Plan Review and Appearance Board forwarded a positive recommendation to the City Commission for a reduction in pavement width from 24' to 20' for S,E. 1st Avenue on a 6-0 vote. RECOMMENDED ACTION: By motion, approve the waiver request from LDR Section 6,1.2(B)(3)(a), for the reduction in pavement width for S,E. 1st Avenue, REF/T:CCGRIFIN Attachment: Location Map .. ,. - .- ~/I -, a ~ A lID IT. LL ~ I ti - - , '-- Ii . II ;¡ ~ LL - ~ LW. 4tH STWaT . 411 ')( ~I.J )j~ )(~ ~'I. '-- ..J ~ )()j ~~ It¡ ~ - 7- .l~ LL mt I Q" ~~ - ^' I ~ 7'0.1 ~ . LL ITH - . ~ SoW. ITM I1KET ~ Û ¡J LW. 7TH IT. I .".: L¡. 7TH .- ~ .. LI 11TH - ~ ~ I GRIFFIN GATE ~ 1 " -, ---- ~ I I J J :i .. " - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERfJ!</Î SUBJECT: AGENDA ITEM i ßP - MEETING OF APRIL 28, 1992 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREAT- MENT AND DISPOSAL BOARD ACTION/RELEASE OF SINKING FUNDS DATE: April 24, 1992 The South Central Regional Wastewater Treatment and Disposal Board at their April 16th meeting authorized the release of funds in the amount of $1,500,000 from the Sinking Fund to the City of Boynton Beach. These funds represent a portion of funds authorized for use in the Odor Abatement System - Aeration Basin, New Electrical Service and Effluent Pump Station Expansion Project. Recommend ratification of the South Central Regional Wastewater Treatment and Disposal Board action releasing funds in the amount of $1,500,000 from the Sinking Fund to the City of Boynton Beach. .. · APR 23 '92 08: 22 SCRWT&DB F' :-' , -. RATIFICATION OF SOUTH CENTRAL REG!ONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 16, 1992 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on April 16 ,1992, by a vote of 9-0 authorized the release of fu~ds from the Sinking Fund in the amount of $1,500,000.00 to the City of Boynton Beach which was their portion of funds authorized for use in the Odor Abatement System -Aeration Basin,New Electrical Service and Effluent Pump Station Expansion Project; and WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach, NOW, THEREFORE, the City of Boynton Beach and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of t 1992, by a vote. Witnesses: CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk (SEAL) Approved as to form: City Manager City Attorney r The above action is hereby ratified in open session by the City of Delray Beach this day of , 1992, by a vote. ' Witnesses: CITY OF DELRAY BEACH , By: Mayor Attest: City Clerk (SEAL) Approved as to form: v r J Ci ty Manager \'- W \.. ¡.,\. , ,.. CO?~ City Attorney 1 \)fa\ \. " " - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER l~;J'Í SUBJECT: AGENDA ITEM i 'b@- - MEETING OF APRIL 28. 1992 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREAT- MENT AND DISPOSAL BOARD ACTION/ENGINEERING SERVICES-CDM DATE: April 24, 1992 The South Central Regional Wastewater Treatment and Disposal Board at their April 16th meeting authorized payment to Camp, Dresser and McKee (CDM) in the amount of $21,732.31 for additional engineering services in conjunction with the Odor Abatement - Aeration Basins and Effluent Pump Station Expansion. This amount is to be assessed 50/50 between the cities of Boynton Beach and Delray Beach. Funding is available in Water and Sewer Revenue Bond SCWTD Odor Control (Account No. 447-5165-536-33.11). Recommend ratification of South Central Regional Wastewater Treatment and Disposal Board action authorizing payment to Camp, Dresser and McKee in the amount of $21,732.31 for additional engineering services in conjunction with the Odor Abatement - Aeration Basins and Effluent Pump Station Expansion¡ with funding from Water and Sewer Revenue Bond SCWTD Odor Control (Account No. 447-5165-536-33.11). '. -, .. , APR 23 '92 08:22 SCRWT&DB F' '::' . , - . -_I ...."....... .~.... . ·RATIFICATION OP SOUTH CENTRAL REGIONAL WASTEWATER ~REATMENT AND DISPOSAL BOARD ACTION OF APRIL 16, 1992 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 16, 1992, by a vote of 9-0 authorize payment to CDM for Extra Engineering Services on the Odor Abate- ment - Aeration Basins and Effluent Pump Station Expansion and subject to ratification by City of Boynton Beach and City of Delray Beach in independent sessions; and WHEREAS, costs as submitted in the amount of $21,732,31 are to be assessed 50\ to the City of Boynton Beach and 50% to the City of Delray Beach; and, WHEREAS, the Board action requires ratification by the City of Boynton Beach and the City of Delray Beach; NOW THEREFORE, the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of -- . Witnesses: CITY OF BOYNTON BEACH . . By: Mayor Attest: City Clerk (SEAL) Approved as to form: \ Ci ty 1'1anager City Attorney 1 ,.. -a1t Copy " ,I F ' . - '32 08:22 SCRWT&DB , The above action is hereby ratified in open session by the City of Delray Beach the day of , , Nitnessess: CITY OF DELRAY BEACH BY: Mayor Attest: 1 City Clerk (SEAL) Approved as to form: . City Manager City Attorney -- , I .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!)í/~ SUBJECT: AGENDA ITEM i ~t1 - MEETING OF APRIL 28. 1992 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREAT- MENT AND DISPOSAL BOARD ACTION/CHANGE ORDER NO. 4 - SCE DATE: April 24, 1992 The South Central Regional Wastewater Treatment and Disposal Board at their April 16th meeting authorized Change Order No. 4 (final/reconciliation) to the contract with SCE, Inc. which decreased the contract amount by $14,137.31 for the Odor Abatement - Aeration Basins and Effluent Pump Station Expansion project. This item is before you for ratification of that action. Recommend ratification of the South Central Regional Wastewater Treatment and Disposal Board action authorizing Change Order No. 4 to the contract with SCE, Inc. decreasing the contract amount by $14,137.31. .. P. :;, ~ RPR 23 '92 08:23 SCRWT&DB r.-J./ , ~ - , . . RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 16, 1992 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 16, 1992, by a vote of 9-0 authorize Change Order No. 4 (Final/Reconciliation) to SeE Inc for the Odor Abatement -Aeration Basins and Effluent Pump Station Expansion and subject to ratification by City of Boynton Beach and City of Delray Beach in independent sessions; and - WHEREAS, a net decrease in the amount o£($14,137.31) is to be assessed 50% to the city of Boynton Beach and 50% to the City of Delray Beach; and, WHEREAS, the Board actiôn requires ratification by the f City of Boynton Beach and the City of Delray Beach; NOW THEREFORE, the city of Boynton Beach, Floricla, and the City of Delray Beach, Florida, hereby ratify said Board action independently. The above action is hereby ratified in open session by the -- City of Boynton Beach this day of , Witnesses: CITY OF BOYNTON BEACH By: Mayor Atte5t: City Clerk (SEAL) Approved as to form: " City Manager o. f j , , City Attorney ~C09'J )t~ . '. .1 r '92 08:23 SCRWT&DB P.e, , The above action is hereby ratified in open session by the City of Delray Beach the day of . , Nitnessess: CITY OF DELRAY BEACH BY: Mayor Attest: City Clerk (SEAL) Approved as to fo~m: . City Manager , " City Attorney , r \ -- I - I "; '- " . 'r 7r ~ .If I , .~ ,. .. .... MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: [j111 CITY MANAGER . SUBJECT: AGENDA ITEM # go:;: - MEETING OF APRIL 28. 1992 RESOLUTION NO. 44-92 DATE: April 24, 1992 This item is a Resolution assessing costs for abatement action required to board up an unsafe building located on property at 142-144 S.W 13th Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $588.50 remains unpaid. Recommend approval of Resolution No. 44-92 assessing costs to board up an unsafe building located on property at 142-144 S.W. 13th Avenue. ., ','I " - --, - --~._------,--_.._~~_..,-----_.-.~-~._.- RESOLUTION NO. 44-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT-AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 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 condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: f '. .. .... --~-_._~-~-- -~-'--"- --..---- ~._----_.- -- -- -- _._-~~--------_._-- --------------------- -~--~- - ------- "------- ----.. ..-- ------ --------.--.- ---_._.._--_....__._--~~_._.._-----_._._-- -~--_...__._--_._-_._- ._----_.-..__._~-----_._~-------- Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) i nd i- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty ( 30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment (s) , after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 44-92 . '. '. "'-. NOTICE OF ASSESSMENT Date TO: Secretary of Housing and Urban Development ADDRESS: 1320 S. Dixie Highway, Coral Gables, F I 32146 PROPERTY: 142-144 SW 13th Avenue, Delray Beach, FI 33444 LEGAL DESCRIPTION: Lot 23, Lincoln Atlantic Park Gardens, Plat Book 23, Page 226 of the official records of Palm Beach County, Fl You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $~RR ~o by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1992, has been levied against the above-described property. - The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 2-20-92 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtainin& appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals, You were given written notification on that you were required to take the corrective action require~ by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 3-4-92 at a cost of $588,50 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. '. .- Copy of all notices referred to in this notice are available in the office of the Building Official. BY ORDER OF THE CITY COMMISSION. City Clerk ~ ,..,. '. , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [lJt1 SUBJECT: AGENDA ITEM # C{ ~ - MEETING OF APRIL 28. 1992 RESOLUTION NO. 45-92 DATE: April 24, 1992 This item is a Resolution assessing costs for abatement action required to demolish an unsafe building on property located at 126 N.W 11th Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $3,762 remains unpaid. Recommend approval of Resolution No. 45-92 assessing costs to demolish an unsafe building on property located at 126 N.W. 11th Avenue. , - '. - ---.- '-----..-.'- -- .--- -..------.---...- ----- -------_.._._----~----- ------ -- - - -- -,....----- RESOLUTION NO. 45-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30 ) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained wi thin Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 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 condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . ,". ,I -> --~---~-,-----___.___._ ____·_··_____~~._________·~u___.. "---.---.-- --..- - ------..- . ._--~~---~------- ----------- ------ --.------.-. ----_.._- _.- - .._- ------------ --------.-"- .._. ._____."___n. .___..._ ____,___ '_ __"_'" "'.'_'._..'.___ Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of De1ray 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) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 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 wi th the same penal ties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum{ plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of ,1992. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 45-92 f " ., NOTICE OF ASSESSMENT Date TO: Jean Dudrey Wester, Vernando Onie Mae Scadlock (Parkinson) Clifford Wester and Herbert Wester ADDRESS: c/o Clifford Wester 345 SW 7th Avenue, Boynton Beach, Fl 33435 PROPERTY: 126 NW 11th Avenue, Delray Beach, Florida 33444 LEGAL DESCRIPTION: N30' of S330' of E135' of W285' of Sl/2 of Nl/2 of Lot 6 in Section 17-46-43 You, as the record owner of, or holder of an interest in, the above- described property are hereby advised that a cost of $3,762.00 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1992, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 8-22-91 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiatp.d on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 3-24-92 at a cost of $1,7n?OO which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. 1-" " . . - Copy of all notices referred to in this notice are available in the office of the Build~ng Official. BY ORDER OF THE CITY COMMISSION. City Clerk , , " ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER erfl/1 SUBJECT: AGENDA ITEM :It <i? K - MEETING OF APRIL 28. 1992 RESOLUTION NO. 46-92 DATE: April 24, 1992 This item is a Resolution assessing costs for abatement action required to remove nuisances on 22 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. 46-92 assessing costs for abating nuisances on 22 properties located within the City. '. ·j . RESOLUTION NO. 46-92 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 within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the 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) narned 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, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nu~sance(s) against said property owner(s), f .. .. . __~._. _'_.--'__ ___ ___ .__ _.n__ ____ ~.._.._~~. --.------- .....__.._..._._-_._._~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City I 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. 46-92 '. ,. " COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOTS 56 TO 58 INC., SUNSET MANUEL MOREDA $ 50.00 PARK, PB 12, P 65, PUBLIC MANUEL E, MOREDA 70.00 (ADM, COST) RECORDS, PALM BEACH COUNTY, FL P,O. BOX 1953 2.65 (RECORDING) (MANGO DRIVE) DELRAY BEACH, FL 33447 $122.65 LOT 12, BLK 96, LINN'S ADD TO THOMAS S. MC DERMOTT $ 82.00 OSCEOLA PARK, DELRAY, PB 1, 347 SE 3RD AVENUE 70,00 (ADM. COST) P 133, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33483 2.65 (RECORDING) BEACH COUNTY, FL $154,65 (347 SE 3RD AVENUE) LOTS 26 TO 28, INC., BLK 27, GEORGE E. TAYLOR $ 65.00 DEL RATON PARK, PB 14, P 9, 2910 FREDERICK BLVD, 70,00 (ADM. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444- 2.65 (RECORDING) COUNTY, FL 3249 $137,65 (2910 FREDERICK BLVD.) LOT 17 & N 1/2 OF LOT 18, BLK ROGER F. MILLS $ 95.00 96, LINN'S ADD TO OSCEOLA PARK, 320 SE 4TH AVENUE 70.00 (ADM, COST) PB 1, P 133, PUBLIC RECORDS, DELRAY BEACH, FL 33483- 2.65 (RECORDING) PALM BEACH COUNTY, FL 4428 $167,65 (320 SE 4TH AVENUE) LOT 3, DELRAY MANOR ADD TO LAVANIE MAREUS $ 65.00 DELRAY, PB 12, P 59, PUBLIC 713 SW 10TH STREET 70.00 (ADM, COST) RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444- 2.65 (RECORDING) (713 SW 10TH STREET) 2219 $137,65 E'LY2751 OF N100' OF S420' OF MICHAEL STOYKA $172.00 N 1/2 OF SE 1/4 OF NE 1/4 LYG 4623 W TRADEWINDS AVENUE 23.34 (ADM. COST) W OF & PARA TO SAL RY IN OR FT. LAUDERDALE , FL 33308 2,65 (RECORDING) 87, P 89, SUB OF SEC 18-46-43, $197,99 PB 6, P 51, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 18TH AVENUE) E'LY2751 OF N1561 OF S320' OF MICHAEL STOYKA $172.00 N 1/2 OF SE 1/4 OF NE 1/4 LYG 4623 W TRADEWINDS AVENUE 23.33 (ADM, COST) W OF & PARA TO SAL RY R/W, SUB FT. LAUDERDALE, FL 33308 2.65 (RECORDING) OF SEC 18-46-43, PB 6, P 51, $197.98 PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 18TH AVENUE) S'LY1641 OF E'LY2751 OF N 1/2 MICHAEL STOYKA $172.00 OF SE 1/4 OF NE 1/4 LYG W OF & 4623 W TRADEWINDS AVENUE 23.33 (ADM. COST) ADJ TO SAL RY R/W, LESS 5151 FT. LAUDERDALE, FL 33308 2.65 (RECORDING) OF W175' RD R/W, SUB OF SEC $197.98 18-46-43 (110 NW 18TH AVENUE) -3- Res. No. 46-92 " ,. LOT 21, BLK B, TOURIST NOOK, RUSSELL E. BROWN $294.00 DELRAY, PB 11, P 47, PUBLIC C/O JUNE DIMON 70.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL 9720 WILLOW ROAD 2.65 (RECORDING) (NW 8TH AVENUE) WILLIS, MI 48191-9727 $366,65 LOT 290, TROPIC PALMS PLAT 1, RAYMOND & DIANE $172,00 PB 25, P 99, PUBLIC RECORDS, MANGICAPRA 70,00 (ADM. COST) PALM BEACH COUNTY, FL 1301 W BOYNTON BCH BLVD 2.65 (RECORDING) (720 HERON DRIVE) SUITE #9 $244.65 BOYNTON BEACH, FL 33426 N69.51 OF LOT 9, BLK 78, TOWN DOROTHY MAGER $ 64,00 OF DELRAY, PB 1, P 3, PUBLIC 553 WRIGHT DRIVE 70.00 (ADM, COST) RECORDS, PALM BEACH COUNTY, FL LAKE WORTH, FL 33460 2,65 (RECORDING) (102 SE 2ND AVENUE) $136.65 S90' OF N110' OF BLK 21/LESS DAVID HARGROVE $ 70.00 W1751, TOWN OF DELRAY, PB 1, MATTIE B, HUDSON 70.00 (ADM. COST) P 3, PUBLIC RECORDS, PALM 220 NW 4TH AVENUE 2.65 (RECORDING) BEACH COUNTY, FL DEERFIELD BEACH, FL $142.65 (2 SW 5TH AVENUE) 33441-1727 LOTS 10 TO 12 INC,/LESS SR 806 EAST ATLANTIC PROP, LTD. $ 64.00 R/W, BLK 2, J.G. FENNO'S SUB., 1177 NE 8TH STREET 70.00 (ADM, COST) PB 2 P 89, PUBLIC RECORDS, DELRAY BEACH, FL 33483 2.65 (RECORDING) PALM BEACH COUNTY, FL $136.65 (NW 9TH AVENUE) W 1/2 OF LOT 1 LYG W OF RY & G.S. & L,PROPERTIES, INC. $130.00 E OF ST (LESS N251 FOR ST R/W C/O GHS BUILDERS, INC. 70.00 (ADM. COST) & LESS W1851 OF E2051 OF S140' 300 W.SAMPLE RD #208 2.65 (RECORDING) OF NI651), BLK 1, MODEL LAND POMPANO BEACH, FL 33073 $202,65 CO SUB., PUBLIC RECORDS, PALM BEACH COUNTY, FL (415-475 SE 1ST AVENUE) LOTS 1 & 2/LESS RD R/W, BLK 11, L.C. PROP OF DELRAY $ 65.00 OSCEOLA PARK, PB 3, P 2, BEACH,INC 70.00 (ADM, COST) PUBLIC RECORDS, PALM BEACH 5730 N, FEDERAL HWY 2.65 (RECORDING) COUNTY, FL FT,LAUDERDALE, FL 33308- $137.65 (610 SE 6TH AVENUE) 2629 LOT 6, BLK 6, DELRAY SHORES, JOHNNY & DAWN PELOSI $ 75.00 PB 24, P 233, PUBLIC RECORDS, 30 SE DORSON WAY 70.00 (ADM. COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33445 2.65 (RECORDING) (30 SE DORSON WAY) $147.65 LOT 16, BLK 35, TOWN OF DELRAY, GRACE BARNETT $ 65.00 PB 1, P 3, PUBLIC RECORDS, 1401 39TH STREET 70.00 (ADM. COST) PALM BEACH COUNTY, FL W, PALM BEACH, FL 33407- 2.65 (RECORDING) (NW 1ST STREET) 3631 $137.65 S53.311 OF LOT 9, BLK B, SUNNY ARTHUR ALGONIS $ 50.00 ACRES, PB 21, P 63, PUBLIC 76 NE 6TH AVENUE 70.00 (ADM, COST) RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL 33483- 2.65 (RECORDING) (1108 OLD GERMANTOWN ROAD) 5455 $122.65 -4- Re s. No. 46-92 'f I·d ,. . - S50' OF N365' OF W1351 OF BLK ASSOCIATES FINANCE, INC, $185,00 26, TOWN OF DELRAY, PB 5, P 64, C/O KANTOR & SAPURSTEIN 70.00 (ADM, COST) PUBLIC RECORDS, PALM BEACH 9700 S DIXIE HWY #1000 2.65 (RECORDING) COUNTY, FL MIAMI, FL 33156 $257.65 (NW 5TH AVENUE) LOT 17, BLK 55, C,H. DIGGANS CHIANG & MISOOK L. $ 35.42 SUB., PB 8, P 58, PUBLIC CHOU KUO 70,00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL 22509 SW 65TH TERRACE 2.65 (RECORDING) (216 SW 1ST AVENUE) BOCA RATON, FL 33428 $108.07 LOTS 23 & 24, BELLEVIEW COURT, THOMAS E ACHESON $ 27,68 PB 11, P 45, PUBLIC RECORDS, JAMES P. COGSWELL & 70.00 (ADM. COST) PALM BEACH COUNTY, FL .R.C. CREESE 2.65 (RECORDING) (114 SW 9TH STREET) 114 SW 9TH STREET $100.33 DELRAY BEACH, FL 33444- 2326 LOT 29, BLK 1, SOUTHRIDGE, ROBERT ASSANTES $ 47.16 PB 13, P 38, PUBLIC RECORDS, FRED WENISCH 70.00 (ADM, COST) PALM BEACH COUNTY, FL 1363 SYCAMORE TERRACE 2,65 (RECORDING) (STERLING AVENUE) BOCA RATON, FL 33486 $119.81 VIOLATION IS; SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -5- Res, No. 46-92 " " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!/l11 SUBJECT: AGENDA ITEM i ~>L- - MEETING OF APRIL 28. 1992 AWARD OF BIDS AND CONTRACTS DATE: April 24, 1992 This item is before you to approve the award of the following bids and contracts: 1. One ( 1 ) Life Support Vehicle - Fire Department - Southern Ambulance Builder's Inc. in the amount of $82,122 with funding from HRS Matching Grant (Account No. 115-0000-248-92.00/$42,000) and City Garage Vehicle Replacement (Account No. 501-3312-591-60.84/$40,122). 2. One ( 1 ) 1992 Ford Taurus Sedan - Central Garage - Duvall Ford (State contract) in the amount of $10,714 with funding from City Garage Vehicle Replacement (Account No. 501-3312-591-60.84) . 3. Five Year Extended Service Agreement - Kodak Edicon Mug Imaging System (Police Department) - Eastman Kodak Company in the amount of $7,217 per year with funding from General Fund Investigations Budget (Account No. 001-2115-521-33.32). Recommend approval of the award of the above bids and contracts with funding as indicated. '. 1 ./' ... . - Agenda Item· No.: AGENDA REQUEST Date: April 17, 1992 Request to be placed on: XX Regular Agenda Special Agenda Workshop Agenda When: April 28. 1992 . Description of item (who, what, where, how much): Pu~chase of Advanced Life Support Vehicle, purchase under 50% Matching Funds Grant from the Dept of HRS. (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES8 Draft Attached: YES/NO Recommendation: Recommend approval with 50% funding, $42,000. to come from Line Item #115-0000-248-92.00, the Matching Grant Account, conta1ning the tunds trom the DeDt. of HRS. The remaining 50%. $40.122. is to come from current operating budget, Line Ttem 501-1112-')91-60.84. (Example: Recommend approval with funding from Special Events Account No. OOl-3333-S55-44.5S). Department Head Signature: ~ ~'\l ,.-=~ ~-=c-==_ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/ NO (if applicable) Funding alternatives: 'v Account No. & Description: IJ.s- DDt)/J z..v-t 9 Z- Do - 41 £3.3a~ Account Balance: St¥ 33/2.. ..sfj/ 6ö e-y. , ffJJ - -i" 9?'~" 9¿. D:' City Manager Review: ~pproved for agenda: fJ / NO [ft^1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . . . £1" OF OELAAY BEA£H FIRE DEPARTMENT M E M 0 RAN DUM TO: TED GLAS, PURCHASING OFFICER FROM: KERRY B. KOEN, FIRE CHIEF DATE: APRIL 14, 1992 SUBJECT: RECOMMENDED AWARD OF BID ADVANCED LIFE SUPPORT VEHICLE As you know, the cities of Boca Raton and Delray Beach jointly developed specifications for Advanced Life Support Vehicles. Bids were solicited and these bids were evaluated by the appropriate technical and administrative staffs of both agencies. The apparent low bidder, McCoy Miller corporation of Elkhart, Indiana did not comply with the City's bid requirements by failing to return the technical specifications with "Comply/Not Comply" information. In addition, this firm reported numerous exceptions to the basic specifications which were major deviations from the design standards of both communities, such as the substitution of a G.M.C. chassis without taking an exception, the use of marine plywood in flooring in lieu of aluminum and the use of plywood cabinetry in lieu of high impact plastic, and a substandard headroom height inside the modular body. We mutually consider their bid to be non-responsive. We recommend that a contract be awarded to Southern Ambulance Builders, Inc. of La Grange, Georgia, in the amount of $82,122. for the Delray Beach unit. This price includes the base bid, and Options 7.1 and 8.1.4. The original estimated price for this equipment was $84,000, and 50% of this amount has been received from the State of Florida, Department of Health and Rehabilitative Services as a matching grant. Funding for this vehicle is available in Line 501-3312-591-60.84 of the current operating budget and in Line 115-0000-248-92.00, the Matching Grant Account with the funds from the Department of H.R.S. The exceptions taken by this vendor are minor in nature and are acceptable to the purchasers. This equipment will replace a current vehicle originally purchased in 1975 and repowered in 1985. ~L.l FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 407/243-7400. FAX 407/ 265-4660 ". Ted Glass April 14, 1992 Page 2 Boca Raton will be making a similar award through their City Council in the near future. This process is an excellent example of interlocal partnerships producing cost savings and a more efficient product which will serve the interests of both communities in the event of a maj or emergency, and even through routine, day to day assistance between the communities. The assistance of your office as the lead purchasing officer is appreciated and it has permitted us to move this project forward in a timely manner. Both Fire Departments have finalized their recommendations and indicate by their representative's signatures that the product recommended for contract award meets the joint and individual requirements of the agencies. \{~ ~ .,~ - ¥!f~/6~ Kerry B. Koen Fire Chief Fire Chief City of Delray Beach City of Boca Raton KBK/mmh Attachment: Bid Spread Sheet . " . -. . (/) ---,-- I ;>, <U I-< .... . CIj.w 4J .w .w SQJ.w u "0 u u u <J "'..c::..... <U ¡::...... QJ.... ;:; ;:; ;:; ;:; ( ) .... s . ""H ¡:: QJ "" "0 "0 "0 "0 "0 "0 "0 "0 0 >..-< ,D >. ..... 0 0 C QJ '" OJ QJ OJ "0 "0 "0 'QJ "0 "0 .... '" ;:;.... ¡....... 0 0 I-< "0 "0 "0 "0 '" '" '" "0 "0 '" "0"0 ¡:: 0 ¡::.... UJ OJ ¡:: >..... ¡:: "0 "0 "0 QJ .... U ¡:: I-< bCQJ -:t '" <J 00 QJ ceo C C C <1S C 0 <1S <1S .... 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U") <I·".- ro;3;o..p..òCCI;]~Q)(j)(Jç::(t IJJ . ~ 0:: (/J (/J IJJ Z >- ~ (f I- 8 (f 15!r - <r~ 1-111,.... CD ~o:: ..J 0 (!) CL""'oo ~ ZIJJ IJJ ~ H 0:: O::(/J IJJ O~~ ~ IJJO IJJ ..J 0 o:x: 1.1.. rlrl rl EO:: >- 0:: (f H 1.1..1- H(f Z~" , CL<I I- I- N>-O:: .... Z ..JIJJ HOO 0 HI- Z 0 W I-<IIJJ I IJJO ..J 1111111 111 ::)IJJ <I Z ~ 0::0::1- (!) OE 00 w w~n ~ 00:: 0:: H 0 <II-X >- H H IJJH E 0 I W 0:: 3 <I ::) 1JJ(f 1- <I ..J O::O(/J Z O:X:..J H <I~II.I.. IJJ IJJ <I W 0:: 01- I-<I 0:: CLrlZ o ZIJJ IJJ ~ 0:: ..J~ 3 0:: 00 ,::)..JZIJJ I- (!) 0 H <I> 0 ~~O 0 <I<I O::O<IIJJ(f Z I-I.I..H I- > 0 >- ~o:: 0:: ZO:: 0 0 <I 0 ZE I- H HOI- N CL 01- E 0:: WOIO 0 OCD IJJ H CD 1-1JJ01-(/J ::) CL Z ~ ~ H <I 0:: , W ..J~I.I.. 1.1.. H 0 0:: 0 <IOHO::..J 0 0 ::)OW ()\ 0:: 0 0 > 0 I-<I Z I- (f O::H~<I<I I 0 00 rl 0 O::CL Z H H1I1,.... ~ HE IJJ 0 IJJ..JHCL,..J (/J EHX (f ::)CL <I ..J :x:ooCD 00 O~ I- W 0 Z(f OEO:: ..J W O::O::W . IJJ 0::) 0:: W IJJ~~ ()\ OIJJ X ..J 3 IJJ OOCL 0 ..J HW, o 0 1.I..(f 00 0 >rlrl rl <II- IJJ IJJ I- (!)~<IOO 0:: W I.I..CL(/J N I- Z :x:o rl N ~ '<t 111 ~ ,.... 00 ()\ rl IJJ E -<IN ~ . . .. E 0:: IJJ:II: rl rl ,....¡ rl rl ..... rl ,....¡ rl rl E <I I- .",.... " . 0 E H <I 00 OCD CD CD 00 00 CD ,00 CD 00 ~ 0 ~ . MEMORANDUM TO: David T, Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ Administrative Services FROM: Ted Glas, Purchasing Officer ~r DATE: April 20, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 28, 1992 - BID AWARD - BID # 92-20 LIFE SUPPORT RESCUE VEHICLES Item Before City Commission: The City Commission is requested to award a contract to the low responsive bidder, Southern Ambulance Builders, Inc., at a cost to the City of Delray Beach of $82,122. Per the Finance Department, funding is from: ( . ) , Background: Funds were allocated in the FY 91-92 budget for this purchase. A total of $ was budgeted, The City of Delray Beach Purchasing Division is the lead agency in a joint bid with the City of Boca Raton for life support rescue vehicles. Bids were received on March 19, 1992 from six (6) firms, all in accordance with City Purchasing procedures. (Bid II 92-20. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for you review. The Fire Chiefs of both cities have reviewed the bids and recommend award to the second low bidder, Southern Ambulance Builders, Inc. The low bidder, McCoy Miller Corporation, did not submit the required forms to properly evaluate their product; and from the information submitted, their product deviates from City specifications, per attached memo from the Fire Chiefs. The McCoy Miller bid is considered to be unresponsive. ". ,,," . . Recommendation: Staff recommends award to the low responsive bidder. Southern Ambulance Builders. Inc. . including Options 7.1 and 8.1,4. for one (1) vehicle* for Delray Beach. at a total cost of $ 82.122. Funding as outlined above. Attachments: Tabulation of Bids Recommendation from Fire Chiefs pc: Chief Koen Chief Withröw Linda Venne *Should the City of Delray Beach decide to purchase additional vehicles within 10 months. pricing will remain firm per this contract, . 0 ..0 00 00 00 00 00 00 00 00 000 CO D H :3: 0 . . . . . . . . . ..,¡ ..,¡ ..,¡. -I D :3: .... .... .... .... .... .... .... .... .... .... :11:1"1 ;:0 :3: . . . . . . CM NI- 3 0 1"1 .... ..0 00 ..,¡ (]\ UI ~ CM N .... :I: Z -I N UJ "0'" 1"1 ;:0 0 OD ROIi> -I 1"1 1"1 -ID .... .... ....< 0 CO UJ." 0 0 ....... I"1H r 0 "0 00 1"1 ~ r X 1"10 ..0 ..0 ..01"1 1"1 ;:0 CO 1"1 . 1"1 ;:0;:0 1"1 r ;:0 30 (/)Z 0 1"1 -I ro 00 00 00:1: r D "OC (/) X H3 (/) r ....... "OH rl"1 0 1"1 3H ~ ..,¡ UlH H Z "0;:0 0 I- 00 0 I D D-I H;:O (/) -I Z D-I 0 < 0 0 ;:0 ..0 1'1 OC 0 0 r ;:OH OD 0 ;:0 0 H ." 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Agenda I tern No. : AGENDA REQUEST Date: April 22, 1992 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: April 28. 1992 Description of agenda item (who, what, where, how much): Purchase Award - One (1) 1992 Ford Taurus Sedan for Central Garage ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Duvall Ford at a total cost of $ 10,714, via Florida St.ate Contract # 070-200-310 ~ IÍ ~)/ÍM/ <?O~A~ ¿~ßð- Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involvinq expenditure of funds): Funding available: ®/ NO (if applicable) Funding alternatives: Account No. & Descri~on: 'QJ( -~312" g.r( . to -~~rrY ~l2A6te.-A:tÆT6MOTl \JG Account Balance: ~3, City Manager Review: Approved for agenda: @) NO 1M 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 1ð DATE: April 22, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 28, 1992 - PURCHASE AWARD ONE (1) FORD TAURUS FOR CENTRAL GARAGE Item Before City Commission: The City Commission is requested to award a contract to Duvall Ford for one (1) 1992 Ford Taurus Sedan, at a cost of $ 10,714, Per the Finance Department, funding is from: ( ) . Background: Funds were placed in the FY 91-92 budget for vehicles for various departments and divisions under the direction of the Vehicle Maintenance Division of the Environmental Services Department. Sedan automobiles are available via Florida State Contract as listed on attached work sheet. The Fleet Maintenance Superintendent has reviewed the contract and recommends award, Recommendation: Staff recommends award to Duvall Ford, at a total cost of $ 10,714, Funding as outlined above. Attachments: Memo from Fleet Superintendent Contract Work Sheet pc: Richard Corwin Jerry Rude <b L. {)..- '. ,. April 17, 1992 Justification: The following vehicle is assigned to the Central Garage: Vehicle #502 is a 1982 Plymouth Fury, (Ex Police Patrol vehicle). It has approximately 90,000 miles on it, the K-Frame is bad and the engine is using a lot of oil. Request replacement with a 1992 Ford Taurus. · - STATE OF FLORIDA Contract #070-200-310 (27A Sedan) 1992 Ford Taurus 3.0L Dealer: Duvall Ford - Jacksonville Price: $10,714.00 Total Unit Price 10,714.00 Total cost - One (1) Vehicle = $10,714.00 One (1) Central Garage '. - Agenda Item No. : AGENDA REQUEST Date: April 20, 1992 Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: April 28, 1992 Description of item (who, what, where, how much): Extend..ed service agreement on Kodak Edicon Mug Imaging System for $7,217.00 per year, beginnlng 04/02/93 (years 2 - 5). To be funded by General Fund Investigations Budget (001 2115 521 33,32). (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Police Chief recommends approval, (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~~~ {J~ ~ --// Department Head Signature: City Attorney Review/ Recommendation (if applicable): . Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO ~¡) Hold Until: L/ i Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved .. .. , " Delray Beach Police Department Ð \!) 300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 _ cd- ico. (407) 243-7888 Fax (407) 243-7816 MEMORANDUM TO: David T. Harden, City Manager FROM: William H. Cochrane, Major ,~~ Administrative Bureau THRU: Richard G. Overman, Chief of Police I~ DATE: April 16, 1992 SUBJECT: KODAK SERVICE AGREEMENT FOR MUG IMAGING SYSTEM The attached proposed service agreement in support of the recently installed Mug Imaging System is essential in maintaining the integrity and support necessary to continue future operations of this digitized system. The agreement noted as #1 in the upper right-hand corner provides annual coverage at a cost of $7,217.00 per year which Captain Melis will budget for prorated in his 1992/93 FY budget. The first year's maintenance is included with the purchase of this system. In talking with the sales representative, a purchase order need not be executed until after October 1st which would encumber the funds for payment of six month's bills. Your attention to this matter in a timely manner is essential, as it must be completed and returned to the vendor within four (4) weeks of installation, which occurred this week. Should you have any other questions, please contact me. WHC/ppt Attachments ~. ~~--<~~-~..p.-~. '1> ~ ., .' " L \, ,. ..ï ._<, .....1i.,.,/,,, , ~ -~':;.~';.#_- . a. AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY -..ff! .- . KODAK SERVICE AGREEMENT OFFER FOR EDICON PHOTOIMAGE MANAGEMENT SYSTEM 5 YEAR CONTRACT Invoice to: Equipment at: City of Delray Beach City of Delray Beach 100 NW 1 st Avenue 300 W. Atlantic Avenue Delray Beach FL 33444 Delray Beach FL 33444 ATTN: Accounts Payable A TIN: Police Department Kodak wants to help you maintain operating efficiency and prolong your investment in Kodak equipment by offering you a Service Agreement when your full coverage one year warranty ends (date TBD). The coverage includes: On site service: Mon. to Fri.. 8 am. to 5 pm.. Offer Date: 4/2192 Parts and Labor-hard/software. District. 351 Telephone Assistance (1-800-822-1414) Zone: 1 Preventive Maintenance at time of service call. Customer # TBD EQUIPMENT, Main Frame SNIIK' PRICE (11 %) Invalid 30 days Incls Edlcon accessories after physical Install Display Station. and B49945 / 3573162 Capture Station B38830 I 3573166 $7,217.00/year (Total) PERIOD OF COVERAGE: Years 2 through 5 FROM: TBD to TBD Sales, use or other taxes measured by sales or receipts are not included in the prices listed, but where applicable. will be added to the invoice if a valid tax exemption certificate is not provided to Kodak. To guarantee continuous coverage from warranty to service agreement, a signed offer must be returned no later than the expiration of a warranty. Post warranty, should you choose not to purchase a Service Agreement, invoicing for service is at prevailing per call service rates. Complete terms and conditions for the service agreement offering are enclosed for your records. CUSTOMER INSTRUCTIONS: Please return signed offer; Include PO, & tax exempt certificate If applicable; make PO payable to: EASTMAN KODAK COMPANY; and use the following address for mailing offers, PO & tax exempt certificate only: EASTMAN KODAK COMPANY PDP-SMSlEDICON ROCHESTER, N.Y. 14650-0828 CUSTOMER SIGNATURE Date: PO, If you have any questions. please call Marcia Douglas at 1-800-356-3253. ext. 55715 SERVICE AGREEMENT PRICES SUBJECT TO CHANGE WITHOUT NOTICE Kodak FAX 716-71"'-5422 0Ific1aI Sponsor of the 1992 Olympic Games Q5O) ,. . 4J-;)- . KODAK SERVICE AGREEMENT OFFER FOR EDICON PHOTOIMAGE MANAGEMENT SYSTEM 5 YEAR CONTRACT Invoice to: Equipment at: City of Delray Beach City of Delray Beach 100 NW 1 st Avenue 300 W. Atlantic Avenue Delray Beach FL 33444 Delray Beach FL 33444 A TIN: Accounts Payable ATTN: Police Department Kodak wants to help you maintain operating efficiency and prolong your investment in Kodak equipment by offering you a Service Agreement when your full coverage one year warranty ends (date TBD). The coverage includes: On site service: Mon. to Fri., 8 am. to 5 pm., Offer Date: 4/2/92 Parts and Labor-hard/software, District# 351 Telephone Assistance (1-800-822-1414 ) Zone: 1 Preventive Maintenance at time of service call. Customer # TBD EQUIPMENT, Main Frame SN./K. PRICE (14%) Incls Edlcon accessories Display Station, and B49945 / 3573162 Capture Station B38830 / 3573166 $9,186.00/year (Total) PERIOD OF COVERAGE: Years 2 through 5 FROM: TBD to TBD Sales, use or other taxes measured by sales or receipts are not included in the prices listed, but where applicable, will be added to the invoice if a valid tax exemption certificate is not provided to Kodak. To guarantee continuous coverage from warranty to service agreement, a signed offer must be returned no later than the expiration of a warranty. Post warranty, should you choose not to purchase a Service Agreement, invoicing for service is at prevailing per call service rates. Complete terms and conditions for the service agreement offering are enclosed for your records. CUSTOMER INSTRUCTIONS: Please return signed offer; Include PO, & tax exempt certificate If applicable; make PO payable to: EASTMAN KODAK COMPANY; and use the following address for mailing offer., PO & tax exempt certificate only: ~KOOAK CCJ.APNN PDP-SMSlEDICON ROCHESTER, N.Y. 14650-0828 CUSTOMER SIGNATURE Date: PO. If you have any questions, please call Marcia Douglas at 1-800-356-3253, ext. 55715 SERVICE AGREEMENT PRICES SUBJECT TO CHANGE WrTHOlJT NOTICE Kodak Official Spoosor FAX 716-781-5422 of the 1992 Olympic Games QS6) 0' , , - . April 6, 1992 City of Delray Beach 100 NW First Avenue Delray Beach FL 33444 ATTN: Purchasing Department Subject: Service Agreement Enclosed please find a comprehensive Service Agreement for your new EDICON Suspect Identification System. This Agreement covers a period of five (5) years (including the one year warranty period), and it provides for total system coverage from 8am to 5pm Monday through Friday. Your cost for the Service Agreement reflects 11% of the total system price 1 and is contingent upon a commitment from you upfront for five (5) years of EDICON service on your configuration. This price was quoted during the original negotiation and is only valid if you execute the Service Agreement during the first month after physical Installation of the equipment. After that time, the Service Agreement price will increase to 14% of the system price. It is important to note that your cost is held constant year-to-year during the contract term, thus providing additional value to you during these inflationary times. EDICON takes great pride in our service delivery system - we effICiently handle any service problem through our tracking and escalation system, and we resolve your problem quickly via personalized phone support, remote diagnostics, and on-site visits by highly trained Field Engineers. You only have to call one number for all of your service needs, and we'll take care of the rest. Please execute this Agreement at your earliest convenience, and return it directly to Service Marketing Support along with a Purchase Order number (per the instructions on the Agreement). We look forward to working closely with you in the coming years, and we appreciate your commitment to EDICON service. Please feel free to call me at any time if you have any questions or concerns. Thank you. S~~II- Cate Roth Service Manager, EDICON Systems Division cc J. Dykes Attachments Kodak OfficIal Sponsor of 1!1e 1992 Olympic Games Q%) " . . . FEA TURES/BENEFITS OF AN EDICON SERVICE AGREEMENT - - "ONE STOP SHOPPING" - - Service Agreement covers both software and hardware - total system support - - EDICON Technical Assistance Center provides a single point of contact, which... - understands your configuration and service history, - resolves your software problem or dispatches a trained Field Engineer (FE) to your site - - ACCESS TO HIGHEST QUALITY PARTS 24 HOURS PER DAY - - Parts distribution through KODAK Parts Services - - SERVICE WHEN YOU NEED IT - - Preferential treatment to Service Agreement customers - FE on-site in four-hours, or less - - Service available around the clock if necessary - - COMPLETE EDICON FOCUS ON YOUR PROBLEM FOR MINIMUM OOWNTIME - - Escalation procedure ensure that resolution to your problem gets highest priority and visibility - you are important to us - - One person "owns" the problem call and is responsible for full resolution of your problem - you are not "bounced" around Kodak 0Ifiaa Sponsor of the 1992 (JIym¡jc Games Q99 0' - , EDICON PHOTOIMAGE SYSTEMS . SERVICE AGREEMENT PRICING Service Agreement Pricing has been established to include both hardware and software service support. Service Avreement Uolifts Standard SA Preferred SA Normal Hours 8 a.m. to 5 p.m Monday through Friday See Standard SA Price 1.25 X Standard SA Price Saturday· 10% 13% Sat., Sun. & Holiday· 20% 23% 16 Hours· (Sam to Midnight) Monday - Friday 20% 17% Saturday 30% 27% Sat., Sun., Holidays 40% 37% 24 Hours· (8a.m. to 8 a,m.) Monday - Friday 30% 32% Saturday 40% 42% Sat., Sun., Holidays 45% 47% Coverage Hours (all times refer to local times) Standard SA 8 a.m. to 5 p.m., Monday - Friday PrefeITed SA 8 a.m. to 8 p.m RESPONSE TIMES LOCA nON UPLIFf STANDARD PREFERRED* ZONE 1 0-50 MILES SEE PRICE SCHEDULE 4 2 ZONE 2 51-100 MILES 15% 8 5 ZONE 3 101-200 MILES 30% 12 8 Call Charges for locations greater than 200 miles from a KODAK service originating city will be billed round trip at the appropriate labor rate and include any per diem expenses incurred. · Available from selected service areas, District approval required. For pricing questions, please call Service Marketing Support at 1-800-356-3253 extension 555715 Kodak Uplift 4/13/92 mnd Official Sponsor of the 1992 OIyIT1 JÍCGames Q5ð) " EDICON PHOTOIMAGE SYSTEMS . PER CALL SERVICE RATES HARDWARE SERVICE CHARGES TRAVEL CHARGE Zone 1 Zone 2 Zone 3 Zone 4 (0-50 miles) (51-100 miles) (101-200 miles) (over 200 miles) Normal Hours $135 $205 $268 Round Trip Travel After Hours $210 $340 $402 @ Per Call Rates Sunday/Holidays $310 $415 $535 plus Per Diem* *Per diem charges will include hotel, meals and air travel charges LABOR RATES" Normal Hours $135/hour After Hours $185/hour Sunday/Holidays $260/hour **2 hour minimum PARTS f'.OTE: Parts replaced by EDICON Field Engineer will be charges to the per call Customer in addition to the Travel Charge and the Hourly Service Rate. SOFTWARE SERVICE CHARGES Software service rate: $175/hour Software service hours: Monday through Friday, 8 AM to 5 PM, excluding Kodak observed holidays:** The EDICON PHOTOIMAGE SYSTEMS DIVISION Customer Support Center will provide technical assistance for EDICON PHOTOIMAGE SYSTEM DIVISION software products via telephone. ***Software support requested outside these hours will carry an additional charge. 8AMt05PM Saturday 10% Saturday, Sunday/Holiday 20% 5 PM to Midnight Monday to Friday 20% Saturday 30% Saturday, Sunday/Holiday 40% Midnight to 8 AM Monday to Friday 30% Saturday 40% Saturday, Sunday/Holiday 45% NOTE: PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. NO ADJUSTMENTS WILL BE MADE BECAUSE OF PRICE CHANGES. Add taxes where applicable. For pricing questions, please call Service Kodak Marketing Support at 1-800-356-3253 ext 555715 0f0Caa Sponsor 4/13/92 car~es Q%) '. · . SERVICE AGREEMENT (SA) EDICON SYSTEMS DIVISION Kodak agrees to perform the following service for equipment located in the contiguous United States, the island of Oahu in Hawaii and certain areas of Alaska. This agreement applies for a time period of one year, unless otherwise specified. ' 1. SERVICE AGREEMENT COVERAGE An ~DlCO~ trained Field Engineer ~ill perform r~uested Kodak (including service or parts to correct problems repair service, replace all parts with the exception of resulting from the use of such attachments, accessories or expendables at no charge, and perform any necessary alterations); or supply items. preventative maintenance in conjunction with the service call for a full service agreement The services outlined in these terms are Kodak's only 2. DAYS AND HOURS OF EMERGENCY ON-SITE obligation under the Service Agreement. Koda~ will EQUIPMENT SERVICE COVERAGE not be rtsponsible for a~y conseqllutr.øl or Unless the Extended Hours Service Options are selected, ¡ncidental da",ages reslllt"'g f~o'" t"e sal~, service will be provided between the hours of 8am. to Spm. llse~ or I",pr0l!er fllnctlonlng .of tillS local time Mon. through Fri., except for locally observed eqll.p",ent, e~u if loss or dalFUJge IS caused holidays. Off-hrs service is available at overtime rates. by t"e negl.gence or ot"er falllt of Kodak. Such damages for which Kodak will not be responsible. 3. HOW TO OBTAIN SERVICE include, but are not limited to, loss of revenue or profit, Call Kodak's Technical Assistance Center (T AC) at 1-800- dow~time costs, loss of use of the equipment, cost of any 822-1414. Simply provide your Kodak equipment K* and substitute equipment, facilities or services or claims of your your T AC Access Code to the Kodak T AC Operator. customers for such damages. 4. ON-SITE EMERGENCY SERVICE RESPONSE This limitation of liability will not apply to claims for TIME injury to persons or damage to property caused by the sole Availability and response times are subject to local Kodak negligence or fault of Kodak or by persons under its Service District approval. direction or control. WNE 1 4 HOUR GOAL O-SO MILES WNE2 8HOURGOAL 51-101 MILES 9. MOVEMENT OF EQUIPMENT WNE3 12 HOUR GOAL 101-200 MILES Kodak is to be notified prior to equipment relocation to a different address. Customers will be responsible for all S. A V AILABILITY OF EQUIPMENT FOR SERVICE charges associated with the relocation. Time spent locating equipment not at the specified location, or ~aiting for equipment availability will be charged at the 10. RENEW.AL . . apphcable Per-Call Equipment Service Rates and Terms. Kodak wlll provide for automatic renewal. at the prices and terms then in effect, as long as a Service Agreement is 6. ACCESSORIES available. Generally, all items of EDICON equipment and accessories which are mechanically or electronically interconnected 11. CA~CELLATION must be inspected, tested, and adjusted as one operating unit ServIce Agreements may be cancelled by either the to effectively diagnose and correct malfunctions in order to customer or Kodak upon 30 days' written notice. Kodak achieve continued proper operation. Therefore if any will . issue a prorated credit for any remaining prepaid EDICON equipment or accessory is covered by Service ServIce A~ent ~verage. The ~ustomc:r wilI be charged Agreement, all other interconnected EDICON equipment must for an~ service prOVided when equipment IS not covered by also be under Service Agreement. a Service Agreement. 7. TECHNICAL ASSISTANCE 12. BILLING AND TERMS OF PAYMENT All customer assistance calls will be handled by EDICON's Service Agreements are normally billed annually in Technical Assistance Center (T AC). EDICON T AC wilI advance. Quarterly or Monthly in-advance bilIing is resolve hardware and/or software problems via phone or available at an ~xtra charge. Payment terms are net 30 remote diagnostics, and EDlCON T AC will arrange for on- days. If payment IS past due, per call invoices will be issued site assistance when necessary. for all service performed prior to payment receipt. The commencement date of the service agreement wilI be the 8. LIMIT A TIONS date of payment receipt; or the date of a satisfactory This Service Agreement does not cover: circumstances equipment inspection, if required; or whichever occurs last. beyond Kodak's control; service or parts for any attachments, accessories, or alterations not marketed by 13. ASSIGNMENT Service Agreements are not assignable. ©Easunan Kodak Company, 1992 Kodak and EDICON are trademarks Printed in the U.S.A. Kodak 0ffic1aI Sponsor of the 1992 Olympic Games cæ " . ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: f~ITY MANAGER SUBJECT: ~~~~~~R;i~: :G~~ENT-B~~~~;~~ ~~W APRIL 28. 1992 DATE: April 24, 1992 This item is before you to approve a tri-parti te agreement between the City, Community Redevelopment Agency (CRA) and the Banker's Row Homeowners Association (BRHA) for the development of Banker's Row. This agreement provides that the City will prepare an appropriate si te plan for parking lot and street improvements i shall obtain condi tional use approval under the existing OSSHAD zoning for the parking loti waive all fees for site plan and conditional use approval i and, provide landscape architecture and irrigation design services. The BRHA shall engage and pay for the services of a registered professional civil engineer i however, the City will reimburse BRHA for that portion of engineering expenses which are incurred with respect to water system improvements. The CRA shall acquire Lots 1 and 2, John B. Currie Subdivision J for· the construction of the parking loti and, shall upon construction of said parking lot deed the subject property to the City. The City will be responsible for full maintenance of the parking area and street improvements. The agreement also provides that the BRHA will pay the CRA 25% of the costs of the design and construction of street improvements. Recommend approval of a tri-partite agreement between the City, Community Redevelopment Agency and the Banker's Row Homeowners Association for the development of Banker's Row. ., · " k -?/ C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER FROM: Q&4~O~~~ECToR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF APRIL 28, 1992 AGREEMENT FOR IMPROVEMENT OF BANKER'S ROW ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a three party agreement among the City, the C.R,A, , and the Bankers Row Association which pertains to the improvement of NE 1st Avenue and the parking lot at the corner of 1st Avenue and 2nd Street. BACKGROUND: Streetscape improvements and the construction of a parking lot are components of the "Banker's Row" Plan. This "plan" was accepted by the City Commission and laid out a program for the improvement of the area and for the adaptive reuse of existing structures. The property owners in Banker' Row have incorporated and have aggressively pursued the streetscape and parking lot projects. The C.R.A, , wishing to see fast action, has come forward to spearhead the construction efforts. To insure that all parties are coordinated in their efforts four documents have been created, These are: 1. The Site Planning and Engineering Design Guidelines: They, together with the site plan, set forth a description of the ultimate project, 2, Scope of Engineering Services: This provides a document through which there is a mutual understanding of what will be required from the client's engineer with respect to submission of plan documents and his responsibilities. 3 , Memorandum of Understanding: This sets forth understandings between the City Manager and the Director of the C,R.A, as to who is responsible and accountable for what, '. City Commission Documentation Agreement for Improvement of Banker's Row Page 2 4, Tri-Party Agreement: This agreement sets for the contractual obligations of each party in seeing this project completed. THIS IS THE ONLY ITEM THAT THE CITY COMMISSION MUST ACT UPON. In essence, the approach is that the C.R,A. will be the "developer" of the streets cape and the parking lot. They will contract for services and be reimbursed, in-part, by the Bankers Row Association, The City will reimburse only for the water main portion of the project. The City will also accept the ownership and maintenance of the parking lot once it is completed, There is no cost in conveying ownership from the C,R.A, to the City; but, there is a stipulation that if the lot is not used for public parking, it shall revert to the C.R.A. REVIEW BY OTHERS: As this is an agreement, it has not been reviewed by other agencies. An associated item, the conditional use approval for the parking lot, is before the City Commission as a separate agenda item. That request was recommended for approval by the Planning and Zoning Board, RECOMMENDED ACTION: By motion, approve the Tri-Party Agreement for Bankers Row improvements and authorize the Mayor to execute the agreement. Attachments: * Tri-Party Agreement * Memorandum of Understanding * Scope of Engineering Services * Site Planning and Engineering Design Guidelines DJK/T:CCTRI,DOC ,. TRI-PARTITE AGREEMENT FOR THE DEVELOPMENT OF BANKERS' ROW This Tri-Partite Agreement for the Development of Bankers' Row, hereinafter referred to as the "Agreement," is made and entered into this day of . 1992, by and between the CITY OF DELRA Y BEACH, a municipal corporation, hereinafter referred to as the "CITY," the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRA Y BEACH, an entity created pursuant to Chapter 163, Florida Statutes, hereinafter referred to as the "CRA," and BANKERS' ROW HOMEOWNERS ASSOCIATION, INC., hereinafter referred to as "BRHA." WIT N E SSE T H: WHEREAS, the parties hereto are desirous of joining together and participating in the mutual redevelopment and improvement of the street and infra-structure for Northeast First A venue between Northeast Second Street and Northeast Third Street; and WHEREAS, such infra-structure is to include the upgrading and improvement of the water system (hereinafter referred to as "Water System Improvement"), drainage system, paving, sidewalks, and streetscape landscaping, street lighting and signage (the "Street Improvements") as well as the design, construction, landscaping and signage within the public parking lot on Lots 1 and 2, John B. Currie Subdivision, as recorded in Plat Book 33, Page 196, of the Public Records of Palm Beach County, Florida, hereinafter referred to as the "Parking Lot Improvements;" and WHEREAS, each of the parties hereto are desirous of identifying the roles that each will play in such redevelopment project as well as their respective financial responsibility and contributions therefor. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follows: 1. ScoDe or Work. The parties hereto contemplate that the Project shall consist - of three primary components, i.e. the "Street Improvements," the "Parking Lot Improvements," and the ·Water System 1m provements." Each of said components shall include two primary CRA/TRIPAR.AGR/4-8-92 0' ~ubcomponents, i.e. (i)design, engineering and planning, and (ii)construction. Subject to the terms of this Agreement, the parties hereto hereby agree that their respective obligation for participation in the payment for each such component and subcomponent of the Work is as set forth in Exhibit "A' attached hereto and made a part hereof. Not withstanding tbe requirements of tbis Agreement hereinafter set forth for each of the respective parties to pay for portions of the work as such expenses are incurred, at the conclusion of the Project, the parties shall reconcile their respective contributions and obligations for payment in accordance with their respective percentage of participation for the Project as set forth in the above referred to Exhibit "A." 2. Deslen. Enelneerio2 aod PlaDninr. Phase A. Site planDiDe. The CITY, through its Planning and Zoning Department, will prepare a conceptual site plan at its expense for the Parking Lot Improvements and the Street Improvements within 15 days from the date of this Agreement. The subject site plan shall be subject to the review and approval of all of the parties hereto. B. Conditional Use Approval. The CITY, at its expense, shall obtain conditional use approval under the existing OSSHAD zoning for the parking lot. The CRA shall obtain permission from the current property owner for this action. All fees for the conditional use shall be waived by the CITY. C. Site Plan Approval. The CITY will prepare and will process for approval the site plan for the parking lot from the Historic Preservation Board ("HPB"). All fees for site plan approval will be waived by the CITY. D. EnRineerine. The BRHA shall engage and pay for the services of a registered professional civil engineer ("Engineer") to provide engineering services for the Street Improvements and Parking Lot Improvements. The CITY will reimburse the BRHA for tbe portion of the said engineering expenses which have been incurred with respect to the Water System Improvements which the CITY shall be responsible for. The Engineer and the engineering contract shall be subject to approval of the BRHA. The Engineer shall provide any applicable surveys CRA/TRIPAF.AGR/4-8-92 2 ,. required for the improvements and shall meet the minimum requirements specified in the exhibit attached hereto, titled wScope of Engineering Design Services." BRHA will be responsible for obtaining approval of and paying for all engineering and construction plans. Processing fees and building permit fees will be waived by the CITY. The CITY will investigate County impact fees and endeavor to obtain the waiver of such fees, if any. The BRHA will obtain at the 80% completion stage engineering drawings and shall submit same to the CITY. The CITY will at this point proceed with landscape and irrigation plans. In addition, the BRHA will, at such time, provide a cost estimate to the CITY for the construction cost of the water main and to the CRA for all other Work. The CITY and the CRA must approve their respective costs. E. Landscape arcbltecture. The CITY shall provide, at its expense, landscape architecture and irrigation design services required for the Project. Such landscape architectural plan shall be prepared in consultation with the CRA and the BRHA. The CITY shall obtain all required approvals of such landscape plan and will waive all fees therefor. 3. ParkinS! Lot Acquisition. The CRA shall, at its expense, acquire Lots 1 and 2, John B. Currie Subdivision for the construction of the Parking Lot Improvements. Upon the completion of the construction of the said Parking Lot Improvements, the CRA shall convey by Quit- Claim Deed the subject property to the CITY and the CITY shall accept full responsibility for said property and the maintenance in perpetuity therefor. The CRA shall be responsible for the payment of all expenses relating to the acquisition and construction of the said parking lot. The conveyance to the CITY shall contain the provisions for reversion of title in the event the same is disposed of by the CITY or put to any other use than that of a public parking lot without the express prior written consent of the CRA. 4. ParkinS! Lot Improvements, Water System Improvements. and Street Improvements Construction. The CRA shall provide, and the BRHA shall participate in the bidding, negotiation and contract administration services for the Street Improvements, Water Main and the CRA/TRIPAR.AGR/4-8-92 3 '. Parking Lot Improvements. The contract shall be entered into by the CRA and the payment for such construction shall be paid for by the CRA. The CITY shall reimburse the CRA for the CITY's Water System Improvements construction costs within 30 days after tbe final completion of tbe Work. The award of the construction contract shall be approved by the CRA and BRHA. The CRA shall further provide contract administration in consultation with the Engineer, the CITY and the BRHA. Tbe CRA shall post a letter of guarantee to the CITY to insure the completion of the Work. 5. Fina' Acceptance. Upon completion of the Project, BRHA shall submit to the CITY and CRA certification by the Engineer of final completion and final costs including the Water Sustem Improvements final actual costs. The CITY sball make final inspection at tbe request of CRA. 6. Maintenance. The CITY agrees to provide maintenance in perpetuity for tbe Street Improvements and Parking Lot Improvements upon completion of the construction. 7. BRHA Obliutions. The BRHA agrees to pay the CRA their twenty- five percent (25%) participation of the costs of tbe design and construction of the Street Improvements (excluding the Water System Improvements and tbe Parking Lot Improvements), less such sums as BRHA shall have paid pursuant to the engineering contract as provided for in Section 2(D) above, in the following manner: A. $1,700 upon the execution of this Agreement; B. $1,700 simultaneously with the award of the contract of the Street Improvements; C. The balance of the monies are to be paid to tbe CRA in seven (7) equal installments, each installment due on the first day of January of each year following the completion of tbe Work. 8. Time for Completion. It is contemplated tbat tbis Project will be commenced within fifteen (15) days following the execution of tbis Agreement and the Project completed witbin one hundred eighty (180) days thereafter. CRA/TRIPAR.AGR/4-8-92 4 " 9. Arbitration. In the event any disputes arise out of this Agreement, the parties agree to submit such disputes to binding arbitration in the City of Delray Beach, Florida, pursuant to the rules of the American Arbitration Association. CITY OF DELRA Y BEACH By: Thomas Lynch, Mayor ATTEST: By: City Clerk Approved as to form: By: City Attorney WITNESSES: DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY By: Kevin Egan, Chairman BANKERS' ROW HOMEOWNERS ASSOCIA TION By: President CRA/TRIP~.AGR/4-8-92 5 .. EXHIBIT 'A' COST ITEM PARTICIPANT % PARTICIPATION A. DESIGN ENGINEERING AND PLANNING 1. Water Main CITY 100% 2. Street Design CRA 75% BRHA 25% 3. Parking Lot Design CRA 100% 4. Landscape Architecture CITY 100% 5. Conceptual Site Plan CITY 100% B. CONSTRUCTION 1. Water Main CITY 100% 2. Curb, gutter, paving and CRA 75% drainage in street BRHA 25% 3. Sidewalk CRA 75% BRHA 25% 4. Landscaping, street lights, CRA 75% signage in street BRHA 25% 5. Parking lot paving, drainage, CRA 100% landscaping, street lights and signage CRA/TRfPAR.AGR/4-8-92 6 ,j MEMORANDUM OF UNDERSTANDING (Revised 417192) Banker's Row Safe Neighborhood Streetscape Improvement Project . This memorandum sets forth certain items of understanding and obligations with respect to the processing, construction, acceptance, and maintenance of the BANKER'S ROW IMPROVEMENT PROJECT. The parties involved are the City of Delray Beach ("CITY"), the Community Redevelopment Agency ("CRA") and the Banker's Row Homeowners Association, Inc. ("BRHA"). The PROJECT involves the installation of street improvements along Banker's Rowand the construction of a parking lot. The BRHA is the prime developer; the CRA will assist and oversee the development as co-developer. The CITY will review and approve construction work. The following describes the tasks involved in the PROJECT. 1. The CITY shall, at its expense, obtain conditional use approval under the existing ass HAD zoning, for the parking lot. The CRA shall endeavor to obtain permission from the property owner for this action. The P&Z Board public hearing shall be conducted in March, 1992. City Commission action shall be some time in April 1992. 2. The CITY will prepare necessary exhibits and will process, for basic site plan approval, the site plan for the parking lot. This site plan approval should be obtained in April 1992, unless changes to the site plan, as requested by BRHA or the CRA, require additional time. 3. The BRHA, as developer, shall obtain engineering services, at least to the minimum, as descrihed in the attachment "Scope of Design Services" and "Project Description". It is the ohligation of the Developer to obtain approval of the engineering and construction plans. Only processing fees and building permit fees will be waived. The water meter fee must be paid by the Developer. The CITY will investigate any County impact fees. 4. Prior to the Developer proceeding with the engineering services contract, the City Manager shall present to the City Commission a tri-party participation agreement which shall set forth the upper limit for CITY participation for reimbursement on a fixed fee basis for engineering services and construction of the water main; sometime in April 1992. Also at this time the City Commission shall be requested to commit to: * the acceptance and maintenance of the parking lot and a reversion provision stating the lot would revert to the CRA if the CITY were to utilize the property for a different use. * maintenance of the street landscaping nodes including electrical service cost and fixture replacement costs. 1 - ., 5. At the 80% completion point of the engineering plans, the cost estimate for the construction of the water main and shall be presented to the City Manager for review and acceptance. If necessary, further action by the City Commission will be sought by the City Manager. . Also, at this time, the CITY will add the final landscaping and irrigation plans to the basic site plan and/or engineering plans and will obtain further HPB (final site plan) approval, if necessary. Fees will be waived by HPB. 6. Financial guarantees nonnally required for public improvements may be met by a commitment, in the CRA budget, of reserves or designated funds or a letter of guarantee. 7. The CRA will assist the Developer in bidding and letting the contracts for construction The CRA will fund all construction and will be reimbursed by the BRHA for 25% of the construction costs of the streetscape, less any monies paid for engineering. The CRA will fund 100% of the parking lot. The City will reimburse the CRA for 100% of the costs of the water main, its design and inspection costs. 8. A tri-party agreement will be drafted to reflect the above understandings and will be executed by the CITY, CRA, and BRHA in April of 1992. C;\TEXTFILE\CRA \BANKROW 4/8/92 2 . ,. SCOPE OF ENGINEERING DESIGN SERVICES (Revised 4-7-92) Banker's Row Safe Neighborhood Streetscape Improvement Project . A. Introduction 1. Description of Area: 200 Block of N .E. 1st A venue including part of N .E. 2nd Street and part of N.E. 3rd Street (to the mid block at the intersection of the alleys), Delray Beach Florida; more specifically described in attached site plan, briefly including water distribution (100 block and 200 block of N.E. 1st Avenue), drainage, curbing, sidewalks, street lighting, parking lot and paving. 2. Construction Documents: The engineer shall prepare contract drawings and specifications, permit applications, construction observations and certifications for the Banker's Row Streetscape Improvement Project. Plans shall confonn with the approved site plan for Banker's Row as detailed in the attached project description. 3. City Coordination: The engineer shall coordinate design effort with the City of Delray Beach. Plans shall be submitted to the City at the 80% completion stage for review. The City will, after submission, provide at their cost landscape and irrigation plans. The engineer will then submit at the 100% completion stage for review and approval. 4. Cost E'ttimate: The Engineer shall provide a detailed cost estimate of all improvements, including a separate cost estimate for the water main and service connections. B. Task I - Survey 1. Field topography and tie-in of all existing improvements within the right-of-way including the beginning and tenninal intersections of the roadway segment to be reconstructed with adjacent roads. Field surveys of adjacent roads (2nd and 3rd Streets) should include all rights-of-way including 10' outside of the right of way. The survey shall extend 50' beyond the mid-block point. 2. 1 "=20' scale drawings showing field information including but not limited to: a. Topographic elevations at 50' intervals plus grade breaks to depict centerline grade, edge of pavement grade, location and grade of swales, adjacent buildings, roads, and parking lots to the extent needed to determine drainage flow. 3 .. b. Location and dimensions of existing roadways, pavement, driveways, sidewalks, curbs, buildings, etc. c. Location of existing utilities and drainage facilities with pipe direction, size, invert and rim elevations. Location of existing water meters, fire hydrants and clean outs. d. Location of all other facilities and improvements in the right-of-way and within 10' of the right-of-way as access allows. e. Location of all trees, shrubs, mailboxes, signs, power poles, fences and other encumbrances found within the right-of-way. C. Task II - Design Services will include the design of the following: ... paving, sidewalk grading and drainage for roadway improvements and parking lot; ... water main and service connections; ... electrical (lighting); ... preliminary cost estimate for budgeting purposes, prior to design. Plans will be in accordance with the standards of the City of Delray Beach and in conformance with the approved site plan for Banker's Row. D. Task III - Permits and Approvals Prepare permit applications and obtain required approvals. E. Task IV - Construction Documents Plans shall be prepared at a scale of 1"=20' and include relevant information and details. Plans shall be signed and sealed by a Registered Professional Engineer. Prepare a comprehensive and detailed cost estimate based on current construction prices. Prepare a separate cost estimate for the water main and service connections. Prepare contract documents and technical specifications and bid package suitable for bidding purposes. Assist in evaluation of bids and make recommendations concerning the bids and bidders. 4 F. Task V - Construction Observations and Certifications. Provide periodic construction observations by a project representative during construction to determine compliance with the plans and contract documents. Certify to the permitting agencies (including the City of Delray Beach) as required and furnish accurate record drawings. Review contractor's pay requests, process addenda, change orders and shop drawings. C:TEXTFILE\CRA\BANKROW pp. 4, 5, 6 4/7/92 5 0' SITE PlANNING AND ENGINEERING DESIGN GUIDELINE (Revised 4/7/92) Banker's Row Safe Neighborhood Streetscape Improvement Project A. Roadway 1. Lane Width: 2 - 12' lanes on NE 1st Ave. 2. On Street Parking: 8' parallel parking stalls on each side of street, measured from inside of gutter. 3. Curb and Gutter: NE 1st Ave., NE 3rd St.; curb and gutter street section. 4. Decorative Paving: Interlocking concrete pavers for crosswalks at intersection; 10' in width. 5. Sidewalks: 5' wide, concrete, each side of street including NE 1st Ave. and NE 2nd St., N.E. 3rd St. (extended to alleys); match oyster shell raised aggregate. 6. Traffic Control Signs: Furnished by City including stop sign and "No- Thru Trucks" . 7. Curb Cuts: At existing driveways except where owner requests (by letter) a change; either elimination of curb or change in cut. B. Nodes 1. Landscaping Nodes: Coconut Palms with ground cover. 2. Street Lights: Replica lights, 10' height. See site plan for location. May remove old FP&L lights (to be separately negotiated.). 3. Irrigation: Common system with parking lot. C. Parking Lot 1. Entrances: Two 2. Irrigation: Designed with street 3. Wheel Stops: Concrete curbing utilized for stops 4. Striping: Double stripe, 4", white 5. Handicap Parking: Yes, refer to site plan. 6. Replica Lights: Yes, refer to site plan. D. Other Infrastructure 1. Water Main: 8" in 100 and 200 block of NE 1st Ave. with fire hydrants 2. Storm Sewer: Either valley drains or storm sewer inlets or both on NE 1st Ave. 3. Gas Line: Maintain existing lines. 6 " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER{~1 SUBJECT: AGENDA ITEM # ~ 0 - MEETING OF DECEMBER 10, 1991 BANKER'S ROW REDEVELOPMENT AGREEMENT DATE: December 6, 1991 This item is before you to approve a tri-partite agreement between the City, Community Redevelopment Agency (CRA) and the Banker's Row Homeowners Association (BRHA) for the development of Banker's Row. This agreement provides that the City will prepare an appropriate site plan, provide professional engineering services, and landscape architect services, at its expense, for parking lot and street improvements within Banker's Row. The CRA shall acquire Lots 1 and 2, John B. Currie Subdivision for the construction of the parking loti and, shall upon construction of said parking lot deed the subject property to the City. The City will be responsible for full maintenance of the parking area and street improvements. The agreement also provides that the BRHA will pay the CRA 25% of the costs of the design and construction of street improvements. Recommend approval of a tri-partite agreement between the City, Community Redevelopment Agency and the Banker's Row Homeowners Association for the development of Banker's Row. la lolq, - ý}O~ P \.J.A Q,m - ßoß ¡:W£e5þiE.L W A-nTS inpu-+ cj- A- /50 W Ftn fs k m~'ê.-T k'fhte.. Wi f3 Ft{) ~:s 'Row fEop J E- - R ~ ~~IC.. fo~ (1'4Iq~ Va 1/;11 <1d- µo ~ It I q ;). ,00 .;µ d-S-h ë7-µó ~ /1//9d- 'f !'. " MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMP~ RE: BANKER'S ROW REDEVELOPMENT AGREEMENT ' DATE: DECEMBER 2, 1991 I have reviewed the proposed Tri-Partite agreement referenced above, pursuant to your directions. The covenants and promises appear to adequately represent what has been verbally discussed between staff and the CRA Director. Section C, Landscape Architecture, will be done by Nancy Davila. She has been involved in meetings and discussions regarding this project. A decision should be made regarding how the maintenance will be handled, (contracted out or by existing P&R staff) . If contracted out, we will prepare maintenance specifications for award as soon as improvements are in place. cc: Nancy Davila C:Banker.LB/LCB '. " ~ .407 276 5489 SPIN DIT FED DOW 02 . TRI-PARTITE AGREEMENT FOR THE DEVELOPMENT 0' BANKERS' ROW This Tri-ParHlt Agreement for tho Development of Bankers' Row, hereinafter referred to as tho "Agreement, ~ is madc and entered into this day of , 1991, by and between the CITY OF DBLRA Y BEACH, a municipal corporation, hereinafter referred to as the "CfTY," and the COMMUNITY REDEVELOPMENT AGENCY OF THB CITY OF -~.-~ - DautA Y BEACH, aQ entity created pursuanLLo Chapter 163, Florida Statutes, hereinafter referred to as the "CRA, II and BANKEkS' ROW HOMEOWNERS ASSOCIATION, INC., hereinafter referred LO ats "ASSOCIATION I" . W J T N E S S B T H: . WHERBAS, tho p.rties hereto are desirous of joining together .nd participating in the mutual tcdevelopment and improvement of the street and infra-structure for Northeast First A venue bet ween Northeast Second Street and Northeast Third Street; and WH.EREAS, such inrra-structur~iDcludè the upgrading. and improvement of the water, drainage, paving, sidewalks, and streetscapc landscaping and architecture. (tbe ~Street Improvementsft) as weU as the design and construction of a public parking tot on Lots 1 and 2. John B. Currie Subdivision, as recorded in Plat Book 33, Page 196, DC t.he Public Records of Palo¡ Beach County, Florida, hereinafter rcCcrred to as the ~Parking LoL frnprovemenb;" and WHBl{ßAS, each of the parties hereto are desirous of identifying the roles thaL each will play in such redevelopment project as wen as their respective financial responsibility and contributions thcrefur, NOW, THBkBFORE, in considcratÎQn of the mutual COvenants and promises herein contajned the parties hereby agree as follows: 1. {)eahzD Phase A. Slt~ Dlaoolna. The CITY through its Planning and Zoning Department will prepare an appropriate site plan at its expense for the Parking Lot Improvements and the Street Improvements within days (rom the dale of tbis Agreement. The subject site plan shall be Drill' #3 November 6, 1991 '. ,- 5PI~ DIT FED DOW 03 2: 407 276 5489 , . subject to the review and approval of aU of the parties hereto. B. EnelncterlDR. The CITY shall engage and p~y for the services of a registered professional civil engineer to provide engineering services for the Street ImprovemenLs and Parking Lot Improvements. The CRA will reimbursc the CITY for the portion of the said engineering expenses which have been incurred with respect to the Street Improvements and Parking Lot hnprovcments, other than the water, scwer, and drail1uge portions thereof which the CITY shall be responsible for, The engineering contract shall be subject to approval of all of the parties hereto. The engineer shall provide Bny applicable survcys required for the improvetnents, . C. Laod8C!ape arc::hltecture, The CITY shall provide at its expense landscape architecture services required. Street Improvements, and Parking Lot Improvetnents. Such , landscape architectural plan sball be prepared in consultation wÎth the CRA and the ASSOCJATION. 2, ,...kln, Lot. AegulsltloQ The CRA shaU at its expense acquire Lots 1 and 2. John B. Currie Subdivision for the construction of the parking lot as designed pursuant to the services provided undcrr SeeLion 1 above. Upon the completion ()f the constructiol1 oC the said parking tot the CRA shan convey by Quit-Claim Deed the subject propcrty to the CITY and tbe CITY sha11 accept fuU responsibility for said properly and the maintenance therefor. The CRA shitU be responsible for tho payment of all expenses relating to the ACquisition and cODstruction of the said parking lot. The conveyance to the CITY shall con lain the provisioDs for reversion of title in the event tbe same Í$ disposed of by the CITY or put. to any othc1' use than that of a pubHe parking lot without the express prior written consent of the CRA. 3. CÔD~truCUOD The CITY shan provide and the CRA and t.he ASSOCIATION shall participate in bidding, negotiation and contract administration services for the Street Improvcments and tho I'arking Lot Improvements at the CITY'S expense. The award of the contract for such construction shall be entered into and paid for by tbe CRA as the owner and tbe award of such contracts shall be DrtJft #3 November 6, 199 J 0' ,. ~ .4137 276 5489 SPIN DIT FED DOW 04 ~ . subject to the approval of aU of the parties hereto. The CITY shall further provide contract admini&tration, inspection and supervisor in consultation with the cngineer and thc CITY shall provide the CRA with certifications for progress payments pursuant to the construction contracts. 4. ft{nlDtenllDce The CITY agrees to provide maintenance for the Street Improvements and Parking Lot Improvement.s upon completion of tbe construction. - 5. ~1.oelatloß ObltsatloDs The ASSOCIATION agrees to pay to the CRA twenty-five perccnt (25%) of the costs of the design and construction of the Street Improvements in the £ottowing manner: A. $ upon the execution oC this Agreement; . B. S simultaneously with the award of the contract for tbe construction oC the Street Improvements. 6, Time for ComQletloD It is contemplated that this project wilJ be commenced within days following the execution DC this Agreemont and the projccl com pleted within days thereafter. CITY OF DBLRA Y BEACH By: Thom.as Lynch, Mayor Att.est: By: , City Clerk Approved aa to form: By: City Attorney Drøf. #3 NOVentHr 6, 1991 .. ,. 2: .4137 2;:6 5489 SPIN DIT FED DOW 05 , . ~ WITNBSSES: COMMUNITY REDEVELOpMENT AGENCY ¡ By: Kevip Egan, Chairman - WITNBSSES: BANKBRS' ROWHOMEOWN:ßRS ASSOCIA TION . By: ,President . Drllft #3 November 6, 1991 .. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: I~ CITY MANAGER SUBJECT:· AGENDA ITEM ~ ~JJ - MEETING OF APRIL 28. 1992 REASSIGNMENT OF GOLF COURSE MANAGEMENT AGREEMENT DATE: April 24, 1992 We have received a request from Brahm Dubin to reassign the Golf Course Management Agreement dated January 15, 1992¡ and, as amended, from Dubin and Associates to BJCE, Inc. Mr. Dubin will continue to be the president and majority owner of BJCE, Inc. Likewise, the stockholders and officers will remain the same. In order for the reassignment to take place, written authorization from the City is required. Recommend approval of the request to reassign the Golf Course Management Agreement dated January 15, 1992 ¡ and, as amended, from Dubin and Associates to BJCE, Inc. " - Club and Hospitality Management, Development and Consultation BRAHM DUBIN April 23, 1992 President City of Delray Beach 100 N.W. 1st Avenue Delray Beach, F¡' 33444 Dear Gentlemen, ~his is to advise you that due to internal restructuring we would like to assign our existing management agreement from Dubin & Associates, Inc. to BJCE, Inc. Brahm Dubin, President of Dubin & Associates, Inc. is the president and majority owner of BJCE, Inc. We would like the assignment to take effect as of of May I, 1992 and would appreciate all future payments made payable to BJCE, Inc. Please call me to coordinate the execution of the appropriate assignment documents at you convenience, we remain, -- Yours Truly, ~ ÇC~ Brahm Dubin Dubin & Associates 800 Palm Trail · Delray Beach, FL 33483 · (407) 243-8008 · Fax (407) 243-8011 ., .. . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER gO SUBJECT: AGENDA ITEM it: - MEETING OF APRIL 28. 1992 SUBSTITUTION OF COUNSEL/NISSENBLATT VS. CITY DATE: April 24, 1992 This item is before you to approve the substitution of counsel and authorize Morgan S, Bragg to represent the City in the Nissenblatt vs. City litigation. This suit involves an alleged injury resulting from a trip over an unflagged guide wire associated with the Landscape Improvement Project on North Federal Highway. The contract with the contractor required that the City be defended and indemnified against any injuries allegedly caused by the contractor's negligence. Consequently, the contractor's insurance company will provide the City's defense in this case. Recommend approval of the substitution of counsel and authorize Morgan S. Bragg to represent the City in the Nissenblatt vs. City litigation. ., I", . ~ ,..~ ": CFFICE ~ ::: :.... t"j Ci . 407 278 4755 r=ìpr 24,92 11:38 F' . el2 - ,- ,\~~~~ì': ....' i:" '~:"'¡"'l .~,~<. '>, , ,¡.. . . ~ ,'.: [IT' OF DELAA' BEA£H ,\v:c " .. ..~ .,:'. ": .; '. .... . ....""-,,j,1!': <\ .,~:. :._~"'\:';~~~~;'1:":~:~'" - . ., -, .." "....-. ... CITY ATTORNEY'S OFFICE 200 NW lst AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMU..E 4(j71278·47S5 "~~t.r·_ D~r.at L~n. (407) 243-7090 MEMORANDUM Dd.t~: April 24, 1992 'I', , City Commission F ¡'"' Hn, David N. Tolces, Assistant City Attorn~ : ...1.) J d'ct : Nissenblatt v. City Our File No. 05-92.011 - This suit involves an alleged injury resulting from a W(Ji con tripping over an unflaggec:t guy wire along North Federal Highway. The contract with All Green Lawn sprinklers, Inc. for lßndscaping improvements to North Federal Highway required the contractor to defend and indemnify the City for any injuries allegedly caused by th.e contractor's negligence. Consequently, the contractor's insurance çompany 'w11l provide t. :~.t-' City's defense in this case. Tht:.¡refore, Conunission apI"Œova 1 Is required in order to allo'fl for the substitution of couhsel. It commissÌÕh approves the substitution, Morgan S. Bragg of Paxton, Crow, Bragg, Smith & Keyser, P.A. will represent the City in this matter, and the contractor's insurer will pay for the defense of the lawsuit. If you have any questionB, please call. DNT:sh cc: David Hð. (?n, City Manager Lee Graham, Risk Manager ...,. Donna Woods, Claims Representative \ . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~17 CITY MANAGER 9./\ SUBJECT: AGENDA ITEM i - MEETING OF APRIL 28. 1992 REPORT OF APPEALABLE LAND USE ITEMS DATE: April 24, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period April 13, 1992 through April 24, 1992. The following actions were considered during this reporting period: Planning and Zoning Board did not consider any appealable items during this reporting period. Site Plan Review and Appearance Board: -Approved the architectural elevations (color changes) for the Peach Umbrella Project. -Approved the architectural elevations and landscaping in conjunction with an entrance structure and awning additions for the Dean Witter Building. -Denied the architectural elevation plans (awning addition) for Force E. -Approved the architectural elevations and landscaping plans associated with a building addition for Engleman's Kosher Foods. -Approved a minor modification, landscaping and architectural elevation plans in conjunction with the demolition of an existing building and construction of a four (4 ) space parking lot for the 160 Center; approved the site plan, architectural elevation and landscape plan. The site plan as approved includes closure of the cross access to the north, even though there was a tie vote on a specific motion to close the cross access. -Approved the site plan, landscape and architectural elevation plans associated with the establishment of an emission laboratory, full service vehicle sales and repair for JBA Investments Group, Inc. (5-1 vote). Historic Preservation Board: -Granted a Certificate of Appropriateness and approved the architectural elevation plans for the installation of decorative plaques for the Sundy House Apartments. A detailed staff report is attached as backup material for this item. ~ (If-o) I úJ/~~ i~ ~ h l(~ JlcdL ~ WtUV ~ Iu¡ ¡g/). ~ tJ .s//;µ/9~ ,.,. ,. /'--,'//' . irr 1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T, HARDEN, CITY MANAGER THRU: ~.JK~~ECTOR DEPARTMENT OF PLANNING AND ZONING ~Qh~ ~ FROM: JASMIN 'ALLEN, PLANNER I SUBJECT: MEETING OF APRIL 28, 1992 REPORT OF APPEALABLE LAND USE ITEMS APRIL 13, 1992 THRU APRIL 24, 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 April 13, 1992, through April 24, 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 April 13, 1992 thru April 24, 1992 Page 2 PLANNING AND ZONING BOARD MEETING OF APRIL 20, 1992 No appealable items were considered by the Board. However, the following agenda items which were considered by the Board will be forwarded to the City Commission as separate agenda items: * Future Land Use Plan Amendment with concurrent Annexation and establishment of Initial City Zoning, northwest corner of Atlantic Avenue and Barwick Road (G & Z Auto Care, I nc, ) * Conditional Use Request, Church of God of Prophecy, northeast corner of SW 4th Street and SW 4th Avenue. * Conditional Use Request, parking Lot in Bankers Row, northwest corner of NE 1st Avenue and Martin Luther King Jr,/ NE 2nd Street, * LDR Text Amendment, regarding "Moveable Fixtures" (Newsrack Ordinance) , * Abandonment of right-of-way east of the FP&L Maintenance Facility on SW 10th Street, * Review, Comment and Determination of Consistency Regarding Draft 5-Year Schedule of Improvements, * Review and Comment upon Task 2.2 of the (County) Agricultural Reserve Area Study. SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF APRIL 15, 1992: 1- Approved the architectural elevations (color changes) in conjunction with the Peach Umbrella Project located within the 400 Block of West Atlantic Avenue (Vote 4 to 0). 2, Approved the architectural elevations and landscaping in conjunction with an entrance structure and awning additions at the Dean Witter Building, located on the west side of US Highway No 1, south of SE 10th Street (Vote 6 to 0), The site plan was approved as a non-impacting modification. 3. Denied the architectural elevation plans (awning addition) for Force E at the Linton International Plaza, located at the southeast corner of Linton Boulevard and SW 10th Avenue (Vote 6 to 0), 4. Approved the architectural elevations and landscaping plans associated with a building addition at Engleman's Kosher Foods - Delray Square Shopping Center (Vote 6 to 0) . The site plan was approved as a non-impacting modification. '. , , City Commission Documentation Report of Appealable Land Use Items April 13, 1992 thru April 24, 1992 Page 3 5, Approved a minor modification, landscaping and architectural elevation plans in conjunction with the demolition of an existing building and construction of a 4 space parking lot at the 160 Center, located at the northwest corner of SE 6th Avenue and SE 2nd Street, The Board voted unanimously (6 to 0) to approved the site plan, architectural elevation and landscaping plans which included the closure of a cross-access arrangement with the property to the north, In a separate consideration, the Board failed to act on a request for closure of the cross access to the north on a 3 to 3 vote, with Sowards, Fisher and Oster dissenting, Thus, pursuant to the site plan action, the cross-access will be closed. 6. Approved the site plan, landscape and architectural elevation plans associated with the establishment of an emission laboratory, full service repair of vehicles and sale of vehicles at JBA Investments Group, Inc, (old Miller Dodge site) located on the west side of Federal Highway, just north of Allen Avenue, extended (Vote 5 to 1, Fisher dissenting) , In addition, the Board took action on requests for several waivers related to this project, namely, * Approved a reduction in the right-of-way width from 80' to 40' for Dixie Highway. * Approved the elimination of the 5' sidewalk along Dixie Highway, * Denied the request to eliminate protective curbing around landscaped areas, 7 , Approved the site plan on a 6 to 0 vote, and the architectural elevations on a 5 to 1 vote, (the landscape plans were tabled) for Griffin Gate, a proposed zero lot line development located at the southeast corner of SE 4th Street and SE 1st Avenue. Concurrently, the Board approved the elimination of the 5' sidewalk along SE 1st Avenue and recommended to the City Commission a reduction in the pavement width from 24' to 20' for SE 1st Avenue, No other appealable items were considered by the Board, However, the following agenda item required Board action: * Recommended to FDOT approval of the architectural elevation plans for the Atlantic Avenue Bridge Tenders House, '. " City Commission Documentation Report of Appealable Land Use Items April 13, 1992 thru April 24, 1992 Page 4 HISTORIC PRESERVATION BOARD (HPB) MEETING OF APRIL 15, 1992 1. Granted a Certificate of Appropriateness and approved the architectural elevation plans in conjunction with the installation of decorative plaques on the north, east and west elevations for the Sundy House Apartments, located at the southeast corner of sw 1st Street and sw 1st Avenue (Vote 6 to 0), No other appealable items were considered by the Board. However, the following agenda items required Board action: * Certificate of Appropriateness in conjunction with a building addition for a single family residence at 1027 Nassau Street. * Certificate of Appropriateness request associated with modifications to an existing pole sign at The Check cashing Store, 48 w. Atlantic Avenue, RECOMMENDED ACTION: By motion, receive and file this report, Attachments: Location Map . JA/Y/CCDOCA2,TXT '. '. , LOCA TIOH MAP fOR CITY COMMISSION MEETING Of APRIL 28. 1992 L-30 CANAL 101 :;) Z 101 ~ Z ~ LAKE IDA ROAD ~ å .. ¥ ...I I NW2ST ~ ... CD @ ATlANnC AVENUE SW2ST ~ w ~ ~ ~ III ~ ¡ :;) i LDWSON BOUlEVARD CI ~ 2 0 UNTON BOUlEVARD X ~ 101 ao: Q Z B L-.JII CANAL H.P.B. ITEMS: S.P.R.A.B. ITEMS: A. - SUNDY HOUSE ,. - PEACH UMBRELLA APARTMENTS 2. - DEAN WinER BUilDING 3. - FORCE E N LINTON INTERNATIONAL PLAZA 4. - ENGLEMAN'S KOSHER FOODS AT DELRAY SQUARE 5. - 160 CENTER CITY OF DELRAY BEACH 1 FLORIDA 6. - JBA INVESTMENTS GROUP, INC. PLANNING DEPARTMENT 7. - GRIFFIN GATE ,.,., " , .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~v1 SUBJECT: AGENDA ITEM # C\ß - MEETING OF APRIL 28, 1992 CONDITIONAL USE REOUEST/CHURCH OF GOD OF PROPHECY DATE: April 24, 1992 We have received a request for renewal of conditional use approval for Church of God of Prophecy located on the northeast corner of S.W. 4th Avenue and S.W. 4th Street. Conditional Use approval was previously granted for this project in September 1990; which expired on March 25, 1992. The current development proposal is to construct a 4,400 square foot church facility with a seating capacity of 120 persons, 41 parking spaces and associated landscaping. This request varies from the previous approval in that it encompasses 12,319.2 square feet less land area, 95 fewer seats, 29 fewer parking spaces and 1,335 square feet less floor area. The Planning and Zoning Board at their April 20th meeting recommended approval of the conditional use request. A detailed staff report is attached as backup material for this item. Recommend approval of the request for conditional use approval for Church of God of Prophecy located on the northeast corner of S.W. 4th Avenue and S.W. 4th Street. ~ '1-0 ., '. . C::'\ (j"1^J) C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~~ID T. HARDEN, CITY MANAGER ~ Q/,-;J-j ll;oð"" THRU: ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING ,~ --_.."- /' " ~ FROM: COSTELLO, PLANNING TECHNICIAN II SUBJECT: MEETING OF APRIL 28, 1992 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A CHURCH AT THE NORTHEAST CORNER OF S.W. 4TH AVENUE AND S, W, 4TH STREET (CHURCH OF GOD OF PROPHECY). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of Conditional Use request to establish a church in an area which is zoned R-1A (Single Family Residential). BACKGROUND: This request is a re-submittal of a conditional use approval which was previously granted in September of 1990, but which had since expired, The Church of God of Prophecy is seeking to establish a permanent facility. The development proposal is to construct a 4,400 sq,ft. church facility with a seating capacity of 120 persons, 41 parking spaces and associated landscaping, A full analysis of the request is found in the Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of April 20th, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony objecting to the church use, After reviewing the staff report, the Board on a unanimous vote (7-0) recommended that the request be approved. RECOMMENDED ACTION: By motion, approve the Conditional Use request for the establishment of the Church of God of Prophecy subject to the findings as recommended by the Planning and Zoning Board, Attachment: P & Z Staff Report of April 20, 1992 'I PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: APRIL 20, 1992 AGENDA ITEM: III. B, ITEM: CONDITIONAL USE REQUEST, CHURCH OF GOD OF PROPHECY, NORTHEAST CORNER OF S.W. 4TH STREET AND S.W. 4TH AVENUE JÍ -, I .. .. f I f- I ~ f- .. - I- .1 I- r-- l- II I - m== w4 I - - - - S.W. 4TH sr, If - I I t--- - t--- N I--- -~- rr GENERAL DATA: owner"..."..,...,..........,Douglas and Irene Rohrbaugh Agent...,...,.,.,."..,.,.....Charles S. Baldwin Location,.......,.....,.......Northeast corner of S.W. 4th Street and S.W. 4th Avenue. Property Size...,......,......0.70 Acres City Land Use Plan..,.........Low Density 0-5 du/acre City Zoning..................,R-IA (Single Family Residential) Adjacent Zoning...,.......... .North: R-IA East: R-IA South: R-IA West: R-IA Existing Land Use.............Vacant Proposed Land Use.,..,........4,400 sqft. church with a seating capacity of 122 people. Water Service",............,.Existing 6" water main along S,W. 4th Street and a 2" line located in the alley. Sewer Service,.",.,.,.,......Existing 8" sanitary sewer main ~ ~ alono S.W. 4th Avenue. . . '. P&Z Staff Report Church of God of Prophecy - Conditional Use Approval Page 2 CON D I T ION A L USE A N A L Y S IS: CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the following four areas: ._ .___.___.________ -. Future Land Use Map: (The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Land Use Plan designation of Low Density Residential 0-5 dwelling' units/acre and a R-IA (Single Family Residential) zoning designation. R-IA zoning is consistent with the Low Density Residential land use plan designation. Pursuant to LDR Section 4.4.3(D)(2), Churches, or places of worship, and their attendant educational, nursery, Sunday School, recreational, and columbarium facilities are allowed as a Condi tional Use wi thin the R-lA zone district. The foregoing does not allow establishment of educational and care uses such as an elementary school and general day care. However, such uses may be established by a separate conditional use application for child care, or by a rezoning to CF (Community Facilities), whichever is appropriate. As this proposal consists of a 120 seat sanctuary only, which maximizes the site, and does not include any educational or child care facilities, it is appropriate to process the request as a conditional use under the R-IA zoning, instead of rezoning the property to CF. Based upon the above it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. With the Site Plan approval of February 13, 1991, positive findings with respect to Concurrency were made. The Conditional Use request will not affect those findings. Consistency: (Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.S(E) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency). 'I · P&Z Staff Report Church of God of Prophecy - Conditional Use Approval Page 3 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Land Use Element Objective A-I - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses and fulfills remaining land use needs. A. Physical Considerations - There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed church use. B, Complementary with Adjacent Land Uses - Although there are existing residences wi thin close proximity of the proposed church use, the use should be complementary provided that evening activities be limited to no later than 11:00 P.M. Whether or not this church use is complementary, rests with the expressed feeling of adjacent owners, C. Fulfills Remaining Land Use Needs - As there are six (6 ) existing churches within 1,000' of the property, one may question the need for an additional church. At the time the previous Conditional Use request was before the Board, the Board had a concern with the number of churches and traffic. Based upon a lack of public testimony objecting to the number of church uses within the area, the Board determined the church use to be appropriate. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north, south, east and west by the R-IA zone district. The existing land use to the south is the City's Public Works Complex. To the north, east and west are single family residences and vacant single family lots. Goal Area A (Housing Element) of the Comprehensive Plan calls for preservation and maintenance of stable neighborhoods, and stabilization and revitalization of declining neighborhoods. Pursuant to the Housing Element, the neighborhood surrounding the subject property is designated as "Revitalization and Rehabilitation". Thus, the proposed use should not have a ., P&Z Staff Report Church of God of Prophecy - Conditional Use Approval Page 4 detrimental effect on the stability of the neighborhood nor should it hinder development or redevelopment of nearby properties, At the time of the previous Conditional Use approval (September 25, 1990)/ a positive finding with respect to compatibility was made. Adverse impacts were mitigated through installation of additional buffering between the adjacent residences and the church parking lot. As there are 6 churches located within 1,000 ft, of the property in question, compatibility with respect to use and traffic may not be considered a concern. However, as multiple church facilities create concerns over cumulative traffic impacts in residential areas, an analysis was conducted to determine the intensity of churches within 1,000 ft. and 2,000 ft. of this proposal (see attached radius map), The following is a summary of the results (as of April 1992): Churches Within 1,000' status Capacity 1- First Baptist Church Currently 802 (SW corner of SW 4th St Operating & Swinton Ave) NOTE: This Church will be vacated in the coming months and reoccupied by South County Drug Abuse Foundation, Inc. The Drug Abuse Foundation may lease the church sanctuary to church groups. 2. Holy Ghost Headquarters Currently 156 (SW corner of SW 4th St Operating & SW 6th Ave 3. No Name Church Facility Currently Not Avail. (East side of SW 5th Ave, Operating between SW 3rd St & SW 4th St) 4, St. Matthew Episcopal Currently No Condo Use Church Operating App. found (SW & NW corner of SW 3rd St & sw 4th Ave) 5. Church of God Currently 100 (On the east side of Operating SW 5th Ave, just south of SW 2nd St) 6. Sutton Chapel Church Currently 99 of God Operating (SE corner of SW 2nd St & SW 4th Ave) Total 1,157 ., ,..,. P&Z Staff Report Church of God of Prophecy - Conditional Use Approval Page 5 Churches Within 2,000' Status Capacity 7. Ebenezer welegan Methodist Currently No Condo Use Church Operating App. Found (SE corner of SW 2nd St & sw 6th Ave) 8. Haitian Catholic Church Currently 306 (NW corner of SW 7th St Operating & SW 8th Ave) 9. Mt, Moriah AME SitePlânApproval 150 (SE corner of SW 4th Ave Ph. I - Parking lot & SW 7th St) Ph. II - Proposed 10, Evangelist Reach Out Currently 230 Church For Christ Operating (NW corner of SW 8th St and SW 2nd Ave, if extended) II. Christ Missionary Baptist Site Plan Approval 100 Church Under Construction (NE corner of SW 8th St and SW 2nd Ave, if extended) 12. st Paul's Episcopal Currently 258 Church Operating (NW corner of Swinton Ave & SW 2nd st) Subtotal 1,044 Total 2,201 A majority of the concerns raised with respect to multiple church facilities in close proximity relate to the lack of on-site parking. In instances where there is inadequate on-site parking swale areas, adjacent properties and adjacent streets are utilized for parking purposes. Pursuant to Section 4,6,9(C)(6)(c), churches shall provide 1 space for every 3 seats provided in the sanctuary. This development proposal provides 41 parking for a 120 seat church sanctuary. As this development proposal provides adequate on-site parking, utilization of adjacent properties and streets for parking purposes should not be a concern. Compliance with Land Development Regulations: The proposed use and the approved site plan are in compliance with the Land Development Regulations per Site Plan approval of February 13, 1992. ., P&Z Staff Report Church of God of Prophecy - Conditional Use Approval Page 6 REV I E W B Y o THE R S . . COMMUNITY REDEVELOPMENT AGENCY: At its meeting of April 16, 1992, the Community Redevelopment Agency reviewed and recommended approval of the conditional use request. NEIGHBORHOOD NOTICE: Normal public notice has been provided to property owners within a 500 ft, radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting, ASS E SSM E NT: The current conditional use request varies from the previous approval in that it encompasses 12,319.2 sq.ft, less land area, 95 fewer seats, 29 fewer parking spaces and 1,335 sq.ft. less floor area, Thus, the current request will be less impacting on the adjacent residences than the conditional use request approved in September 1990. The increase in vehicular traffic associated with this facility combined with adjacent church uses could have a negative impact on surrounding properties, specifically the residential properties, However, such an impact would only occur on Sunday mornings, Adequate provisions for on-site parking have been made. A L T ERN A T I V E ACT ION S . . A, Continue with direction. B. Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance standards) of the Land Development Regulations and the policies of the Comprehensive Plan with conditions. C, Recommend denial of the Conditional Use request based upon a failure to make positive findings with respect to Section 2.4,5 (E)(5) (Compatibility) and Chapter 3, Sections 3.1.1(C) (Consistency) of the proposed use with adjacent land uses. ., ." P&Z Staff Report Church of God of Prophecy - Conditional Use Approval Page 7 R E COM MEN D E D ACT ION : Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan, Attachments: Approved Site Plan Radius Map JAC/Y: PROPHECY. DOC --- .- ..- -- --- ., .. I~~ I ~ r¡:¡::-:':>'VÐF (j",R ";.I'""e ""@Iß ...::..w;D I .rl ~@ ~~IJ lAc&) çr ~. ~ ~u I '?t;.: ~~. /, , . . . 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II If$l' ... 7..IIJ.. ...!.' ~.. 1 ~ I - ;;:-.. . I -.....u... fl. 2 P. .., , . ,~I " I . " .... ...... U ~ J=1 :;1='"-; =t P - 11---' L If I"l! ,. , · iJ! - · ,,' ,.~ ,~ I . If , 'E:~-! ~ft1.r~~f) t-~ ~'~~j-v EmiBf=9 " -I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i ~ c: - MEETING OF APRIL 28. 1992 CONDITIONAL USE APPROVAL/PARKING LOT DATE: April 24, 1992 We have received a request for conditional use approval to establish a parking lot on Lots 1 and 2 of John B. Currie Subdivision located on the northwest corner of N.E. 1st Avenue and N.E. 2nd Street in the Old School Square Historic Arts District. The proposal is to establish a 30 space public parking lot in conjunction with the development of the Banker's Row Project. Ingress/egress for the parking will be from both N.E. 1st Avenue and N. E. 2nd Street. The parking lot, which will be available for patrons of Banker's Rowand the Central Business District, will provide parking to meet requirements which cannot otherwise be met on an individual lot basis. At their April 20th meeting the Planning and Zoning Board questioned the idea of placing handicap spaces on this lot. In general the Board felt that these off-site spaces would be inconvenient for handicapped patrons. The Banker's Row master plan design did not include any handicap parking spaces on individual lots. It was anticipated that the handicap requirements could be met through the provision of spaces located at the public parking lot. In addition, the Board stated that the proposed parking lot design should be reconfigured to allow for a greater landscape buffer at the corner of N.E. 1st Avenue and N.E. 2nd Street. The Board approved the conditional use request subject to the conditions that the parking lot be redesigned and that the decision to place the handicap parking spaces off-site be reconsidered. A detailed staff report is attached as backup material for this item. Recommend approval of the request for conditional use approval to establish a parking lot on Lots 1 and 2 of John B. Currie Subdivision located on the northwest corner of N. E. 1st Avenue and N. E. 2nd Street in the Old School Square Historic Arts District¡ subject to the conditions as recommended by the Planning and Zoning Board. ~ 5-0 w ~to~ \\ c..onsìDEe A- chA11q£.. ..J.o p!A-n 'I '. .. ~<; . ¿~) C I T Y COM MIS S ION DOC U MEN TAT ION TO: C.V.I.,D T. HARDEN, CITY MANAGER Q~-)~~ THRU: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: JANET MEEKS, PLANNER II~~ SUBJECT: MEETING OF APRIL 28, 1992 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A PARKING LOT WITHIN THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OS SHAD) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request to establish a parking lot in the OSSHAD zone district. The subject property is located at the northwest corner of N.E. 1st Avenue and N,E, 2nd Street, Lots 1 and 2 of John B, Currie Subdivision. BACKGROUND: The proposal is to establish a public parking lot within the OS SHAD District. The parking lot is to be developed in conjunction with the Banker's Row Project, which provides for the eventual conversion of residential properties to a mix of residential and commercial uses, The lot will provide 30 parking spaces along with the associated landscaping. There are two ingress/egress points, one from N, E, 1st Avenue and the other from N, E. 2nd Street, The lot will be available for patrons of Banker's Rowand the Central Business District, The parking lot will provide parking to meet requirements which cannot otherwise be met on an individual lot basis, as the properties are converted for non-residential uses. The master plan designed by Grant Thornbrough/Leslie Divoll did not include any handicap parking spaces on the individual lots. It was anticipated that the handicap requirements could be met through the provision of spaces located at the public parking lot, ., " . City Commission Documentation Conditional Use Request - Parking Lot Within OSSHAD Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of April 20th, the Planning and Zoning Board questioned the idea of placing the handicap spaces on this lot, In general, the Board felt that these off-site spaces would be inconvenient for handicap patrons. In addition, the Board stated that the proposed design of the lot should be reconfigured to allow for a greater landscaped buffer at the corner. The Board unanimously approved the Conditional Use request for the parking lot with the following conditions: * That the parking lot be re-designed to allow a greater landscaped area at the corner of N.E. 1st Avenue and N, E . 2nd Street. * To re-consider the decision to place the handicap parking spaces on the off-site lot. RECOMMENDED ACTION: By Motion, approve the Conditional Use request to establish a public parking lot in the OS SHAD district, subject to the above listed conditions, Attachment: * Staff Report * Sketch Plan JM/CCBANKER,DOC " . 1-d 45' ~'45' 'J.~' rr- -- / í r ! I I I I d I. \40" I, ...,.. f _~L __ ~'...L-()~lAHDSCAf!::' þµ.!':-,À---- I .'.lo'UTILI"TV . 'I. -I-'_~_'_ -~-I-I-I- , ~ r.A~Mfii, , . 1 '__ _ ___, , <c - - - 111- -. --I ;.~ - - ! I -- .- -:(;- ~ l_1 i. ; I . 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Z _ ~/~ ~ ~ 5 ~ < N.E. '---- 151 0: ~ I I ~ . I I II j I II I I ~ ....1- 0' 0\&.1 N ~ ~ ~ - BANKER'S ROW PARKING lOT ~ ~< ~ 9 ~ ~ - CONDITIONAL USE APPROVAL --..-- 0 ¿. == I [[]]] , ffTflTTl .r I J LllllW " ,. PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: April 20 , 1992 AGENDA ITEM: IILC, ITEM: Conditional Use Request, Parking Lot in Banker's Row, Northwest Corner of N.E. 1st Avenue & Martin Luther King, Jr. Boulevard/N,E. 2nd Street .... , I r=+ f--L- ----" --< r-- - - ~ 3 I--- - - f-- - - - - !-- - -,- I--- - I I - §B I !-- - I- - ~ rí ~ : T ~ 2: I J ' ., I ,,-- NoW. 2ND ST. N.E. 2ND ST~ e Ii; I~ "' ... t; ~ cot ~ ..- -1' S - ~ z ~ ~7 JI;i - x - ~ - - ... n GENERAL DATA: Owner. . . , . , . . , . . . . . . . . . , . . , . . . Raymond H. Struble & Ruth M. Struble Agent.......,...,..."........Community Redevelopment Agency Christopher J. Brown, Director Location................."...Northwest corner of N.E. 1st Avenue and N.E. 2nd Street. Property Size.................0.443 Acres City Land Use Plan..,....,....Other Mixed Use City Zoning..,....,...........OSSHAD (Old School Square Historic Arts District) Adjacent Zoning...............North: OSSHAD East: OS SHAD South: OS SHAD West: OSSHAD Existing Land Use............,Vacant Proposed Land Use.............Parking Lot , IILC. 'I ITEM BEFORE THE BOARD: The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request to establish a public parking lot within the OSSHAD District. The parking lot is in conjunction with the Banker's Row Project. A concept/sketch plan is accompanying the request. The property is located at the northwest corner of N.E. 1st Avenue and N.E. 2nd Street, Lots 1 and 2 of John B. Currie Subdivision and contains approximately .45 acre. Upon approval of the Conditional Use request, the site plan approval action will rest with the HPB (Historic Preservation Board) , BACKGROUND: The Banker's Row Project was originally initiated because of its ability to fulfill several related Comprehensive Plan Objectives. These inQiLude: historic preservation; downtown revitalization; residential neighborhood stabilization; mixed residential and non-residential neighborhood uses in the Pineapple Grove area; and the promotion of the "village by the seal! theme, In November, 1990 the City was awarded a $24,000 matching grant from the Florida Department of State, Division of Historical Resources to prepare a restoration plan for the 200 Block of N.E. 1st Avenue (Banker's Row) . A professional consultant team was engaged by the City in February to assist with the preparation of the report. The Planning staff, the Banker's Row property owners and the consultants worked together to develop the Banker's Row Project. At its meeting of September 10, 1991, the City Commission accepted the Banker's Row Project final report. The report is titled: Banker's Row - A program for Re-use and Restoration. The plan calls for the conversion of the homes to mixed uses (commercial/residential). Most of the sites have limited availability for parking, Therefore, the plan included a proposal for an off-site parking lot. The first phase of implementation for Banker's Row includes the construction of the parking lot and the right-of-way improvements for N,E, 1st Avenue. The residences in the 200 Block of N.E. 1st Avenue will be paying 25% of the cost of the street improvements through a special taxing district. The parking lot is to be paid for by the CRA. Pursuant to Section 4.4.24(D)(3) OSSHAD Zone District, parking lots not associated with a specific use must be approved through the conditional use process, which is the action requested of the Board. " P&Z Staff Report Banker's Row Parking Lot - Conditional Use Page 2 PROJECT DESCRIPTION: The subject property is currently vacant, The proposal is to provide a 30 car parking lot along with associated landscaping. Within the center of the parking lot is a landscaped area with speciality paving to accommodate seating and a future kiosk. There are two ingress/egress points to the parking lot, one from N.E. 1st Avenue and the other from N.E. 2nd Street. The parking lot is intended for use primarily by patrons and guests of the Banker's Row properties, Given the proximity of the lot to the Central Business District, it will also be available for CBD business patrons. CON D I T ION A L USE A N A L Y S I S: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff report, or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The Future Land Use Map indicates a designation of Mixed-Use for this property. The zoning designation is Old School Square Historic Arts District (OSSHAD) . The OSSHAD District is a mixed-use district which is intended to provide for a variety of residential, office, arts, and commercial uses that will encourage the restoration or preservation of historic structures. The zoning designation is compatible with the Future Land Use designation of Mixed-Use. The use of a parking lot is permitted in the OSSHAD District as a conditional use. The Banker's Row project, and the parking lot which is the subject of this Conditional Use request, are consistent with the restoration and preservation objectives of the OSSHAD District. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. For sewer and water, concurrency shall mean that direct connection to a functioning municipal system is made. ., " P&Z Staff Report Banker's Row Parking Lot - Conditional Use Page 3 For streets (traffic) , drainage, open space (parks), and solid waste, concurrency shall be determined by the following: * The improvement is in place prior to issuance of the occupancy permit; * The improvement is bonded, as part of the subdivision improvements agreement or similar instrument, and there a schedule of completion in the bonding agreement; * The improvement is part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Water/Sewer: Sewer is not required for a parking lot, However, as part of the improvements to N.E. 1st Avenue, the existing 2" water main which runs along the east side of N.E, 1st Avenue will be upgraded to an 8" main. A water meter will be located in the area of the parking lot to service the irrigation system for the project. Drainage: Drainage plans have not been submitted to date. However, as with all. new development projects, the first inch of a ten-year storm must be accommodated on the site. Given the limited swale areas around the lot, exfiltration trenches may also be required, Streets and Traffic: The parking lot is intended to serve adjacent uses, and is not a use which will generate traffic in and of itself. Therefore, the Traffic Engineer has determined that a traffic study is not required. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Solid Waste: A parking lot is not a use which generates solid waste, therefore, this item is not applicable. Consistency: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) 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. .. " P&Z Staff Report Banker's Row Parking Lot - Conditional Use Page 4 The Banker's Row Re-Use and Restoration Program, and the implementation program it recommends, are supported by Comprehensive Plan Policies found in its Housing, Future Land Use, and Capital Improvement Elements. See attachments for Objectives and Policies which apply. Pursuant to Section 2.4.5 (E)(5) (Findings) in addition to provisions of Section 3,1.1, the City Commission must make findings that establishing the Conditional Use will not: A. Have a significantly detrimental effect upon the stabili ty of the neighborhood within which it will be located; or B, Hinder development or redevelopment of nearby properties. This site is bordered by residential uses (located in the OSSHAD District) to the north, south, west and east. The parking lot is part of the overall Banker's Row Project. The Banker's Row project will help to preserve the structures along the Block while accommodating conversion to other than residential use. Through careful adaptive reuse for mixed and nonresidential purposes, investment in the renovation of the homes and reconstruction of the street will positively impact the surrounding neighborhood. Compliance with Land Development Regulations: The proposed use is in compliance with the Land Development Regulations. If the conditional use is approved, a full site plan submittal will be reviewed by the Site Plan Review and Appearance Board. REVIEW BY OTHERS: At its meeting of April 2, 1992, the CRA (Community Redevelopment Agency) reviewed the conditional use and unanimously approved the project. The HPB (Historic Preservation Board) reviewed the conditional use request at its meeting of April 15, 1992, and recommended unanimously that the request be approved. ASSESSMENT AND CONCLUSIONS: The parking lot, as part of the overall Banker's Row plan, will provide parking to meet requirements as properties are converted for non-residential uses. The parking lot will also accommodate existing and potential parking needs of property owners .. P&Z Staff Report Banker's Row Parking Lot - Conditional Use Page 5 immediately to the west and south, and also help meet peak demands from Old School Square. ALTERNATIVES: A. Continue with direction. B. Recommend approval of the request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5), C. Recommend denial with basis stated. STAFF RECOMMENDATION: Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4,5(E)(5) for Banker's Row Parking Lot, Attachments: * Comprehensive Plan Policies * Site Plan JM/PZBANKER.DOC .. '. . DJ- ~.- -1w ' I - '" LJ- :i N.~ 5ìH ST, - - H -- - - I I 4TH ST. i ( '--- I - ~ - ~ I - , , - ~ 1 ~ - - - ~ - - ~ - r-- - ~ - f-- f-- - - - J f-- ~ ~ - \! -< ..~ " - - - f-- - f-- - - I-- == - - - f-- - - - ~ - -.a:- - '-- -----1 3R1 1- -- - IT ~ - - - ~ ~ - - - 13= - --< - - ~ - - ~ - - >--- ,--- - I - f-- - - - I - - ~ - - - - - ... - f-- !; - - - r--- . I - f-- EIi - I - ~ - - I J ~ T -- ž ~ - - -Rr 2ÑD scl I N.W. 2ND ST. t; .---- e ..- t; r--- ~ ~ N -I~ -< ... ,.-- ~ x - I..,: ~ ~ I II) D >---- - - ~ f r--- ~ I H+ ~ - z ¡- ~ Ii en '---, N£ 151 -----< ~ I ~ I ! !! I r---- ðt4t I II I ~ ..... - :..- - 0b, - Nt 00: BANKER'S ROW PARKING LOT ~ - R~ ;! - ::) ~ CONDITIONAL USE APPROVAL ........... 9° - - 01/) - = I OJ]] , / lITillIJ [[[IT ,I I J .. " ATTACHMENT--FROM BANKER'S ROW RE USE AND RESTORATION PROGRAM D. COMPREHENSIVE PLAN COMPLIANCE The Banker's Row Project compliments and implements broad objectives of neighborhood improvement and economic revival as stated in the City's Comprehensive Plan. Illustrative subject areas include: historic preservation; adaptive reuse of older structures; neighborhood improvement through active neighborhood associations; and the expansion of pedestrian scale, cultural attractions in the downtown area. As a document which impacts land use within the City, the Banker's Row Re-Use and Restoration Program must be found to be in compliance with the City 's Comprehensive Plan. A finding to this effect must be made by the Planning and zoning Board. The Banker's Row Re-Use and Restoration Program, and the implementation program it ~-..~ recommends, are supported by Comprehensive Plan Policies found in its Housing, Future Land Use, and Capital Improvement Elements, '..-' FUTURE LAND USE ELEMENT Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. This objective shall be met through continued adherence to the Clty's Historic Preservation Ordinance and the following policy: Policy A-4.1 Prior to recommending approval of any land use application which comes before it, the Local Planning Agency must make a finding that the requested land use action is consistent with this objective and the provisions of the Historic Preservation Regulations. Objective C-l as designated by the City Commission, Blighted areas, shall receive special attention and assistance in renewal. This objective shall be implemented through the following policies and activities. Policy C-l.4 The City shall work with the Community Redevelopment Agency (CRA) for the improvement of neighborhoods within the CRA boundaries. The City shall take the lead in the preparation of neighborhood plans and redevelopment plans. The unique powers of the CRA shall be used in the implementation of appropriate provisions of such plans. 4 .. .... , ' - I . . - .. . . ' . . -- - ------ 'f · , .-...... Banker's Row is adjacent to the Central Business District ) (CBD) , and the parking lot proposed for the south end of Banker's -../ Row is anticipated to serve CBD business patrons. Policy C-4.1 calls for the accommodation of caD parking needs through innovative actions. Banker's Row is located within the Old School Square Historic Arts mixed use area. Pursuant to Land Development Regulations Section 4.4.24(A), this is a mixed use district intended to: * Provide for mixed uses of residential, office, and arts related commercial activities that will encourage the restoration or preservation of historic structures and maintain the historic and pedestrian scale of the Old School Square Historic District; * Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach"; * Improve the environmental quality and overall liveability of this Historic District and stabilize and improve property values therein, and¡ * Allow uses which promote preservation. The Banker's Row Project seeks to fulfill each of these objectives. Policy C-4.8 of the Future Land Use Element calls for the preparation of a Neighborhood Plan for the Pineapple Grove area. The Pineapple Grove Revitalization Plan, currently in draft form, identifies Banker's Row as a major feature of the Pineapple Grove neighborhood. The vitality of Pineapple Grove and the entire downtown area is reinforced by the mixture of residential and business uses. The Banker's Row Plan specifically seeks to strengthen this feature. HOUSING ELEMENT Banker's Row is located within a neighborhood designated as "Stabilization and Revitalization" on the City's Residential Neighborhood Categorization Map (Housing Element Figure H-5) . Accordingly, Banker's Row shall: * benefit from City assistance in the creation of a neighborhood association (Objective A-)¡ * receive high priority in the scheduling of capital improvements which will assist in arresting visible signs of deterioration (Policy A-).2); 5 ., " , .--.. , * be provided assistance through the development of a ........... "neighborhood plan" which is directed toward the arrest of deterioration through physical improvements. Said improvements may be provided through City funding and/or assessment districts (Policy A-3.3). CAPITAL IMPROVEMENT ELEMENT The Capital Improvement Element lists a five-year schedule of major public improvements and estimates the costs associated with each, Annual departmental budgets must be prepared to correspond to the Capital Improvement schedule. However, this schedule can be amended according to Policy A-3.2, which accomodates modifications driven by changing circumstances. Policy A-],2 The criteria which shall be considered in the amendment and modification of the 5-year schedule and the preparation of as-year schedule for the second planning period shall include the following: (Applicable subsections include) d) When a project can be combined with another project in the same geographic area, it shall receive a higher prioritye,g., combining needed street improvements with scheduled water and sewer improvements may accelerate the street improvement project. e) When a project will receive significant funding assistance from a development project or through neighborhood contributions through an assessment district or other method, it shall be accelerated on the schedule, ASSESSMENT From a review of various policies contained within the City's Comprehensive Plan, it is evident that the Banker's Row Project not only is in compliance, but that it advances and implements the basic tenets of the Plan. However, the Capital Improvements envisioned in this Plan are not included in the current version of the Comprehensive Plan; thus, full implementation will require formal amendment. The amendment will need to address the schedule of Capital Improvements. .' 6 ., ,I ..,.. l °.,',1"/ - CC: City Clerk. DTH (- [IT' OF OELAA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE· DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr~t_r·. D~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: February 4, 1992 To: David Harden, City Manager From: David N. Tolces, Assistant City Attornei> Subject: Parking Lot in Banker's Row The proposed agenda for the February 11, 1992 Commission meeting contained an item to rezone a parcel in the Old School Square Historic Arts District (OSSHAD) to Community Facilities (CF). It is this office's opinion that the rezoning of the property on N. E . 1st Avenue, which is to be used as a parking lot, is unnecessary, Parking lots are a conditional use in the OS SHAD. Rezoning the property to CF would create a small CF parcel within the larger district. The City should simply use the conditional use process to allow the parking lot, rather than go through a rezoning process. If you would like to discuss this further, please call, DNT: sh cc: David J. Kovacs, Director of Planning & Zoning Janet Meeks, Planner II bankersl.dnt ., " . . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: flØ'CITY MANAGER SUBJECT: AGENDA ITEM :It ql) - MEETING OF APRIL 28. 1992 REOUEST TO HOLD SPECIAL EVENT/"SANDBLAST" DATE: April 24, 1992 We have received a request from Sun-Sentinel to hold a "Sandblast" event on the Municipal Beach on July 4 , 1992. This event has been held over the last ten years on Fort Lauderdale's South Beach. Event activities and promotions include professional sand sculpture exhibit, amateur sand sculpting contest, children's sand sculpting workshop, entertainment,and various food and beverage vendors. The Sun-Sentinel has requested that the City: -permit the sale of foods and beverages on the beach -build a base for the professional sculpture exhibit -provide staff to assist the sculpting team -provide wooden forms, two gas powered packers and one front end loader with operator -provide necessary permits for signage -erect the Sun Sentinel banner and sponsor banners along the beach -post schedule of events at all lifeguard stands In accordance with City Code Section 101.25, the City Commission is authorized to approve the sale of food and beverages on the beach through a non-exclusive license contract. All revenues generated by the vendors will be used to fund leadership programs. It is estimated that the City's out-of-pocket expenses for this event should not exceed $2,000 to $3,000. Sun-Sentinel will pay for one half of the cost of security to guard the professional sand sculptures. With respect to the banner request, the use of banners for special event activities is prohibited through our Sign Code. However, special event signage, which is limited to signs that are no greater than 20 square feet in area may be erected one week prior to the event and removed two days after. Additionally, the use of posters in business windows would be another means of advertising this event. Recommend approval of the Sun-Sentinel "Sandblast" event; approval of request for staff support; approval of non-exclusive license to sell food and beverages on the Beach; and, denial of request for banner signs. ~ (2¡J,; 5-0 'I [IT' OF DELAA' BEA[H 100 N,W, 1st AVENUE DE LRA Y BEACH, F LOR! DA 33444 407/243-7000 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Sun-Sentinel Sand Blast for the Fourth of July DATE: April 13, 1992 Attached please find for your review information concerning the Sun-Sentinel's Sand Blast for the Fourth of July, The Sentinel has approached us concerning having a professional sand sculpture contest on the beach, with another sand sculpture contest for our residents. The Sentinel is sponsoring this event in Ft, Lauderdale, Hollywood and Delray Beach, and this is the eleventh year in which this event has taken place. The Sentinel is requesting the City allow them the following: 1) Food vendors with revenues used to fund leadership programs. 2) Banner and promotions and the selling of sponsorships, 3) For the City to pay one half of the security costs to guard the professionally made sand sculptures, I am in contact with the Police Department concerning using the Explorer Scouts or off-duty police officers, 4) Provide manpower to assist with the building of the sculptures, Because this occurs during the nesting season, I have been in contact with the appropriate personnel, and this should not have a negative impact on the nesting season. THE EFFORT ALWAYS MATTERS - . " . , 2 As you can see from the attached information, this program attracts national publicity. Our out of pocket costs should not exceed $2,000 to $3,000 with most of our obligations being in kind services. This is the type of family oriented activity we want to encourage on July 4th, and I recommend you place it on the agenda for April 28th for City Commission consideration. f:-\ N:.-. W sJhvJ \-1: JJ;~eldon Di~ tor of Parks and Recreation Attachments Ref: sandblst " ,I MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~ SUBJECT: SUN-SENTINEL SAND BLAST FOR THE FOURTH OF JULY - -- -- DATE: APRIL 23, 1992 This is in response to the memo from Joe Weldon scheduling the Sun- Sentinel special event activity for City Commission approval. We have the following comments: The Sun-Sentinel is requesting approval to have food vendors for fund- raising purposes. According to Chapter 101.25 of the Code of Ordinances, ...no person shall engage in any sale or bartering on the municipal beach area except through a non-exclusive license contract... as defined under the same section, which requires that such an activity be approved by the City Commission. Secondly, they have requested the use of banners for promotional purposes and selling sponsorships. Section 4.6.7 (D)(3) of the sign code allows for special event signage, which ~s limited to signs that are no greater than 20 sq. ft. in area and may be erected 1 week prior to the event and removed 2 days after. The signs currently in the medians for the Delray Affair are representative of appropriate special event sign size and locations which are normally approved by the Commission. The use of posters in business windows would be another means of advertising this special event. The use of banners for special event activities is prohibited through our sign code. If the Sun-Sentinel chooses to place the special event signage in the median or if they wish to erect the signs earlier than 1 week prior to the event, their request should be made a part of the Commission's action. We would recommend approval of the Sun-Sentinel's request for special event signage per Section 4.6.7 (D)(3) of the sign code, which signs should not exceed 20 sq. ft. LB:DQ D13 July4th.CC 'f '. ~ M E M 0 RAN DUM TO: Joè Weldon March 31, 1992 ..a-6e Dragon FROM: Gail Calhou RE: SUN-SENTINEL S~ DBLAST PRELIMINARY PROPOSAL JULY 4, 1992 As per our conversation, please find attached the preliminary proposal for Sun-sentinel SANDBLAST, to be held on Delray Beach, July 4, 1992. Specific details regarding background music and food vendors will be addressed through continuing correspondence with your office. ~ We are excited about bringing this event to the city of Delray Beach, and look forward to making Sun-sentinel SANDBLAST a positive experience for all involved. Please feel free to call me in our Delray office to discuss details and/or ideas; (407) 243-6658. Thank you. ,F / i..J-i c. /,1_ .' C'1 ,::;,'.../ ~.,,_/ cc: C. Hobbs C t\ ~ 'f '. SUN-SENTINEL SANDBLAST TRI-CITY EVENT PLAN March 18, 1992 CONCEPT: For the last ten years the Sun-Sentinel SandBlast has drawn over 50,000 people to Fort Lauderdale's South Beach for a full day of unique hands-on July Fourth activities. SandBlast has attracted . national publicity for the Greater Fort Lauderdale Area including coverage on CNN, The Today Show, The CBS Morning News and numerous national newscasts. The Sun-Sentinel feels that by working in partnership with the City of Delray Beach the success of this event can be duplicated in Delray Beach and will create positive community appeal with Deray Beach residents. Traditionally the Sun-Sentinel Charities Fund of the Robert R. McCormick Foundation has been the charitable beneficiary of the event. Funds raised through sponsorship sales have been matched by the foundation and given back to the community through grants to local charitable organizations throughout the year. Benefits to the City of Delray Beach / Sun-Sentinel Sandblast partnership are numerous. Event activities and promotions include the following: Professional Exhibit Sand Sculpture The Sun-Sentinel will contract the services of a team of professional sand sculptors who will create an original design promoting the theme of "America's Discovery". The exhibit sculpt4re will attract and amaze crowds - and continue to be talked about long after the event is over. SandBlast Sand Sculpting Contest The Sun-Sentinel SandBlast sand sculpting contest is a unique hands-on event that has traditionally drawn over 600 participants as thousands of spectators look on. This is the perfect visual event to attract TV stations and photographers to Delray beach. Local residents and tourists alike will enjoy the friendly spirit of competition. SandBlast Children's Workshop Our tradtional sand sculpting workshop is a must for young aspiring artists as they learn the art of professional sand sculptors. Two workshops are given by the team of professional sculptors contracted to construct the exhibit sculpture. This is an added activity for families attending the eventp g ,I SandBlast Promotion: The Sun-Sentinel will run a prominent in-paper campaign promoting SandBlast festivities in all three locations: Delray Beach, Fort Lauderdale, Hollwywood. In addition, the Sun-Sentinel will manage a publicity campaign promoting the event to all local, regional and national media. Each participating city will receive logo recognition in all in-paper promotional ads. Additional logo recognition will be devoted to the appropriate event sponsors. Specific in-paper promotions will include the following promotional ads: . (Full Run) 1- Concept Ad: Promote the overall theme of SandBlast, identify the three locations and build enthusiasm for the events. 2. Contest Ad: Promote team registration, event locations, contest rules and prizes. 3. Schedule of Events Ad: Promote a complete listing of SandBlast activities in all three locations. (This ad will be limited to SandBlast activities. The main stage entertainment and fireworks show for each individual location will be promoted in seperate ads. (Part Run) l. Entertainment Ad: Each city will be given one individual ad to promote the main stage entertainment for their location. The entertainment ads will run in the Sun- Sentinel zoned editions that cover that city (Le. Palm Beach Plus Central, Palm Beach Plus South. SandBlast Sponsorships: Creating an event of this magnitude in three cities requires a large budget and numerous resources. In order to cover our costs on the event the Sun-Sentinel reserves the right to exclusively sell sponsorships for the Exhibit Sculpture¡ Sand Scultping Contest and Children's Workshop. The Sun-Sentinel will limit the number of sponsorships so as not to dilute the exposure of anyone sponsor. In addition the Sun-Sentinel has long term agreements with several food and beverage vendors that have traditionally worked this event. Within the City of Delray Beach / Sun-Sentinel partnership agreement the issue of food and beverage vendors will need to be addressed. 'f .j . Volunteer Staffing: Since an event of this size requires a large number of volunteers we are currently exploring the pQtential of involving volunteers from the local Chamber of Commerce Leadership Programs ( Leadership Delray, Leadership Broward and Leadership Hollywood, ) . For their participation in the event the leadership programs will be eligible to apply for a grant from the Sun-Sentinel Charities Fund to benefit one of their Community Service Intervention programs , To ensure the success of this event we encourage the participation of volunteers from the city and/or local charitable . organizations. City Involvement: As a partner in the 1992 Sun-Sentinel SandBlast the City of Delray Beach will be asked to cooperate in the following areas: - Consistently promote the Fourth of July event as "The Sun- Sentinel, SandBlast" in all printed and other communications. - Coordinate all aspects of the main stage entertainment. - Provide any necessary police land/beach patrol units and marine patrol units the day of the event. - PITovide all necessaITY permits for the event including signage permits. - Assist with staffing and equipment support for building the attraction sculpture. - Assist with providing security for attraction sculpture from construction to evening of July Fourth. (The approximate time of construction is one week) - Address any city ordinances that that conflict with the sale of food and beverages at the event. - Assist with the production of the sand sculpting contest on July Fourth including layout of contest on beach and coordination of contest entries. - Promote the event through the city's Public Relations Office, Trade and Tourism Committee and any other re¡ated government body. ~ " '. . . PART VII. Request For City Involvement This is an initial list of requests based on the Sun-Sentinel's preVlOUS involvement with this event, Additional requests may be made after further discussions. I. Exhibit Sculpture: 0 Exhibit Sculpture Base: Prior to the arrival of the professional sand sculpting team we will need the city to build a base for the sculpture. Traditionally the base is constructed by piling beach sand to approximately 2f t. - 3f t . high and 20' x 20' wide. o Assistance with Construction: The sculpting team will need a minimum of one city laborer 6/27 - 7/3 a total of two laborers 6/27 - 6/30. Laborers should be at the site during city work hours (8:00 a.m. - 3:00 p.m.) to assist sculptors with construction. In order to accomodate both parties we will agree upon a work schedule a month prior to the event. 0 Equipment for Construction: - All wooden forms previously used for the construction of the exhibit sculpture. - 2 gas powered packers - 1 front end loader with operator II. Signage: 0 Permi ts : City will take responsibility for obtaining all necessary permits for signage. o Banners: - As in prp\7ious ~L::; the Sun Sent.lll<::l would requ~st t ha-t: ·the- ç i ty obt~- peulli L::; fur. bdll!ler 3ignClge--on- SUlJt i~ Buulevarð [vr. both the t.;d::;L dllÙ We::;L lJuulld traff i-c:. - The Sun-Sentinel banner and banners for major sponsors should be prominantly placed at beach site. - SandBlast banners should be prominantly placed at entrance to public parking lot and on Bahia Mar overpass. 0 Event Signs: - Schedule of event signs should be located at all lifeguard stands. '. .. ,I III. Sand Sculpting Contest Plotting of Sites: We will need assistance from the Special Events Staff in plotting the sand sculpting contest the morning of the event. Sea Turtle Nests: We will need to work with local environmental groups to secure the safety of turtle nests on the beach. Stage Announcements: Winners of the contest should be announced on stage prior to the main entertainment. " -. .. ,I ¡ . Sun-Sentinel SUN-SENTINEL SANDBLAST FACT SHEET CONCEPT: Sun-Sentinel SandBlast, a F am i 1 Y Fourth, is now in its 38th year. This day-long celebration features a sand-sculpting contest, music, food and fireworks, Presented in partnership with the City of Fort Lauderdale, Sun-Sentinel SandBlast draws crowds of more than 50,000 to Fort Lauderdale's South Beach. In 1991, Sun-Sentinel SandBlast will honor all American soldiers and officially welcome home troops from the Gulf with "Operation Celebration," a special patriotic rally featuring a multi-service paratroop drop and an F-16 flyover. PRE-EVENT: Wednesday, July 3, 1991 7:30-8:30 p.m. Performance by the Florida Festival Philharmonic and showing of "The Immigrant" by Greater Fort Lauderdale Film Festival Association DATE/LOCATION: Thursday, July 4, 1991 I Fort Lauderdale's South Beach (2 blocks south of Bahia Mar on AlA) SAND-SCULPTURE COMPETITION: l. Limited to the first 100 teams. Registration on a first-come, first-served basis. 2. Divisions: *Juniors A--Ages 10 and under. Teams of one to four sculptors. Limited to first 25 teams Registration fee: ,$15 per team *Juniors B--Ages 11-15. Teams of one to four sculptors. Limited to first 25 teams Registration fee: $15 per team *Open--Teams of one to six sculptors who represent a business, city, family, club, friends, or any other organization Registration fee: $30 per team *Championship--Teams of one to four sculptors. Open to all ages. Recommended for those skilled enough to compete for top prize. Registration limited to first 50 teams Registration fee: $50 per team *Corporate--Teams of one to ten sculptors representing a corporation Registration fee: $150 per team Sun-Sentinel ",200 East Las Olas Boulevard· Fort Lauderdale, Florida 33301-2293· (305) 356-4000 " " . . . 3. 1991 Awards: *Juniors (A & B)---lst, 2nd and 3rd place: trophies *Open--------------lst place: $500 cash or prize equivalent* and trophies 2nd and 3rd place: trophies *Championship------lst place: $1,500 cash or prize equivalent* & trophies 2nd place: $600 cash or prize equivalent* & trophies 3rd place: $400 cash or prize equivalent* & trophies *Corporate---------trophy (*Cash or prize equivalent is at the discretion of the Sun-Sentinel) 4. Judging: Based on originality, intricacy and overall appearance. 5. Special Scu Ipture : World-famous sand sculptor Gerry Kirk and associates will create a 200-ton sculpture commemorating the return of American troops DAY-LONG . ACTIVITIES: Sand-Sculpture Contest 7 a.m,-12:30 p.m. Free Sand-Sculpture 10-11 a.m. workshop in kids' area "Operation Celebration" noon-2 p.m. Patriotic Rally featuring multi-service air drop and F-16 flyover Entertainment inclµding music by radio station JOY 107 FM All Day Sand-Sculpture Contest 2 p.m. Winners Announced Free Sand-Sculpture 2:30-3:30 p.m. workshop in kids' area ALAMO Rent A Car presents "Big Mama Blu & the No Regrets 3:30 p.m. Band" and "Sha' Shaty" ALAMO Rent A Car presents "The 5th Dimension" 7:30 p.m. Broward County's biggest 9 p.m. fireworks display by Zambelli International 'f ., . . . . FOR MORE INFORMATION: Ellen Gibson, Sun-Sentinel 200 E. Las Olas Blvd. Fort Lauderdale, FL 33301 (305) 356-4361 'r j." " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ({,f(? CITY MANAGER 1£ SUBJECT: AGENDA ITEM ~ - MEETING OF APRIL 28, 1992 AGREEMENT WITH LIDDUN INTERNATIONAL, INC. DATE: April 24, 1992 At the April 23 special meeting the Commission was provided with a copy of two proposed agreements with Liddun International, Inc. with regard to bringing a professional women's tennis tournament, with the Kraft Tour, to the City. '" The City Attorney is expecting a revision to the proposed agreements from Liddun International, Inc. This revision is expected to include a proposal that the tour be held in the downtown area for 1993 and allows time to make a decision for a permanent location in the future. The City Attorney will provide additional details at the April 28th meeting. ma¡~ t!oì~ - C~ -& ~ ~ ~ Þ S'j/:J.-/9d- '0 ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!JN SUBJECT: AGENDA ITEM it q F - MEETING OF APRIL 28. 1992 PROPOSED AMENDMENTS TO THE CODE OF ORDINANCES/POLICE AND FIRE RETIREMENT SYSTEM DATE: April 24, 1992 We have received a proposal to amend the Code of Ordinances with regard to the Police and Fire Retirement System. The proposed changes involve the elimination of the offset Social Security benefits on disability benefits, establishment of a 25% minimum for non-service connected disabilities, and for the investment of up to 60% of fund assets in common stocks. To eliminate the offset of Social Security benefits on disability benefits would raise the required City contribution by $17,034, or .22% of covered payroll. The establishment of a 25% minimum for non-service connected disabilities would raise the required City contribution by $1,622 or .02% or covered payroll. Currently, up to 50% of fund assets are permitted to be invested in common stocks. It is estimated that the proposed increase to 60% would have no additional monetary impact on the City. Additionally, Mr. Cypen, Attorney for the Police and Fire Pension Board of Trustees, has recommended that several grammatical errors be corrected in that portion of the Code which covers the Police and Fire Retirement System. A detailed staff report is attached as backup material for this item. Should the Commission agree to these proposed changes, an ordinance will be prepared for formal ratification at a future Commission meeting. 'f " .. KRUSE, O'CONNOR AND LING INC. F'"ORT LAUDERDALE OF'"F'"ICE WEST BROWARO PROF"ESSIONAL BUILOING 7320 GRIF"F"lN ROAO. SUITE 200 FORT LAUOEROALE. FLORIOA 33314 ¿~ aHd'~ (305) 791- seee NORTH/CENTRAL F'"LORIDA OF'"F'"ICE 101 SOUTHEAST SECONO PLACE, SUITE 201 GAINESVILLE. F"LORIOA 32601 (904) 375'3eoo REPLY TO ,.ORT LAUOEROALE July 22, 1991 Mr. Salvatore Arena, Secretary Delray Beach Police & Firefighters Pension Board 300 West Atlantic Avenue Delray Beach, Florida 33444-3666 Dear Sal: At its July 17, 1991 meeting, the Pension Board asked us to determine the cost effect of eliminating the offset of Social Security benefits against the System's disability benefit. This change would raise the required City contribution by $17,034, or 0.22% of covered payroll, from $1,144,257 to $1,161,291. Also, ,as requested by the Board, we are enclosing a replacement for page 1 of our October 1, 1990 Actuarial Valuation Report. As you will recall, the headings of -Last Valuation- and -Current Valuation- were transposed. Please contact us if there are any questions regarding these matters. Sincerely yours, t . ~ - '::¥ );tQ~U...t!- £(j^-~-T -,--~,-.' '. - / J. Stephen Palmquist I I JSP/mm Enclosure ~ 1'3 WeøN e;/ ~~ 0' " .. KRUSE, O'CONNOR AND LING INC. F"ORT LAUDERDALE OF"nCE WEST BROWARD PROF"ESSIONAL BUILDING 7320 GmF"F"IN ROAD. SUITE 200 F"ORT LAUDERDALE. F"LORIDA 333'4 ~~ rued' ~ (30S) 791·seee NORTH ICENTRAL F"LORIDA OF"F"ICE 101 SOUTHEAST SECOND PLACE. SUITE 201 GAINESVILLE. F"LORIOA 32601 (904) 37S· 3eOO I'I~PLY TO "OI'lT L"'UO~I'IO"'LC June 19, 1991 Mr. Salvatore Arena, Secretary Delray Beach Police & Firefighters Pension Board 300 West Atlantic Avenue Delray Beach, Florida 33444-3666 Dear Mr. Arena: We are writing in response to your April 5, 1991 letter in which you asked for information regarding two matters. First, you asked when police officers and firefighters are considered to be classified employees for actuarial purposes. For our annual actuarial valuation reports, we have always used the date shown In the Annual Report to the State Treasurer's Office. For example, December 28, 1987 is being used in, your case. We presume that the date listed in the Annual Report is the date of hire, h0w.ever, this should be verified with the finance department. - Second, you asked about the financial impact of establishing a minimum non-service incurred disability benefit equal to 25% of pay. This chan~e in benefits would raise the required City contribution b~ ~1,622. or 0.02% of covered payroll, from $1,144,257 to $1,145,879. Please contact us if you have any questions. Sincerely yours, /Jrf?, L r-;t- )~\-~. '. J. Stephen Palmquist JSP/rT}.m ¿;$W~~~~ ·f ,. ... . \ ( CITY OF DELRAY BEACH POLICE & FIRE FIGHTERS RETIREMENT SYSTEM --.--" MINUTES OF SEPTEMBER 25, 1991 , MEMBERS: Lt. Brown, Sgt. Tustin, Officer Arena, Chief Wigderson, Chief Lincoln, Lt. Adams, Mr. Weekes, Mayor Lynch, Mr. Cypen, Anne Woods GUESTS: Mike Haley, S.E.1.; Spence Webster, Barnett Bank; Mills Riddick, Sun Bank; Officer P. Pitochelli, FOP; Melina Walinski & Sherry Muehlburg, Finance Department ABSENT: Mr. Tranter The meeting was officially called to order at 12:15pm by Lt. Brown, Vice- Chairperson. A roll call was taken of members and guests I Mr. Tranter, Chairperson was not present for this meeting. Mr. Cypen will be arriving late. Lt. Brown revised the agenda by removing Items 4 & 5, which will be placed on the agenda at a later date. Officer Arena removed Item 6 from the agenda. 1. APPROVAL OF JULY 1991 MINUTES: The minutes were reviewed and corrections made. Mr. Weekes made the mötion to approve the minutes. Chief Lincoln seconded the motion, all in favor, none opposed. 2. S.E.1. - MIKE HALEY: Mr. Haley re-capped the first six (6) months of the year through June 1991. Mr. Haley reviewed the report and stated that the market value of the plan, as of 6/30/91, was approximately $24,500,000.00. Mr. Cypen arrives for the meeting at l2:40pm. Mr. Haley stated that the rate of return on the equity segment of the plan, Sun Bank is a little above median and above the S&P 500 at 15.4%. Barnett Bank is at 13.77- which is below median and the S&P 500. Mr. Haley stated that in the bond segment of the plan there is some under performance. Sun Bank at 3.6%; Barnett Bank is roughly median at 4.2%. He stated that overall i'- for the first six (6) months, on a total plan basis the plan under performed somewhat due to the asset allocations and also the equity performance of one (1) manager and the bond performance of one (1) manager has been below median. Mr. Haley stated that the stock segment of the plan indicates that Barnett Bank has had more returns below median by sector. Sun Bank has performed above median. i ",'-' ,. , -- .. Lr! Ul'DELRAY BEACH POLICE & FIRE FIGHTERS K;:..Ld.:,:¡::NT SYSTEM . SEPTEMBER 25. 1991 PAGE 2 2. S.E.1. - MIKE HALEY: cont'd. He stated that there are a number of similaries between the two money managers. He stated that both manager's tend to focus on the large capitalization stocks; well above median and slightly larger than S&P 500 " in terms of market capitalization. Mr. Weekes requested that Mr. Haley summarize the resul ts of the plan for the six (6) month period. Mr. Haley stated that overall, on a risk adjusted basis, both manager's are performing about where they should be. 3. SUN BANK, 3RD. QUARTER PRESENTATION-MILLS RIDDICK: Mr. Riddick discussed the results of the 3rd. Quarter Report. He stated that the portion of the plan that Sun Bank manages is growth bias and the equity portion leans toward large capitalization growth iSBue stock. Mayor Lynch asked Mr. Riddick if Sun Bank should scale back would they only scale down on the equity portion of the portfolio? Mr. Riddick stated that Sun Bank is committed to equities and the portfolio indicates that they are invested at the highest percentage allowed by the Board and ordinance regulations which states the cap to be 50%. He feels that equities will be the asset of choice over the next 2 or 3 years. Mayor Lynch wanted to know who determined/decided on the 50% limit. Mr. Cypen stated that the limit is determined by regulations setforth within the ordinance. Chief Wigderson asked what the advantage would be to raise the 50% limit and what procedure would be required to raise the limit? Mr. Cypen stated that to raise the 50% limit an ordinance change would be required and the advantage of the change would be that statistically over a longer period of time common stocks return significantly higher percentages. Mr. Weekes stated that the Board has always been conservative and should continue to do so. After a lengthy discuss1~n by the Board. Officer Arena made the motion to propose to the City Commission. along with the grallUD&ticalchanges, that the common stock be increased from the 50% liait to 60%. Mr. Weekes seconded the motion, all in favor, none opposed. --.. .' ... ~. ~'-' -.---..----'-- .....- . ~ITY OF DELRAY BEACH POLICE & FIRE FIGHTERS RETIREMENT SYSTEM SEPTEMBER 25, 1991 PAGE 3 3. SUN BANK, 3RD. QUARTER PRESENTATION-MILLS RIDDICK: cont'd. Mr. Cypen stated that since representatives of both money managers were present for the meeting, he wanted it understood that if the requested change should pass Commission vote, the managers would still be required to ,receive, in writing, a specific subsequent resolution by the Board or the limit will remain at 50%. 7. BOARD APPROVAL FOR 3RD. QUARTER FEES - SUN BANK & BARNETT BANK: Officer Arena stated that since there was some confusion by the Board at the July meeting, in regard to the fees charged by the money manager's, the contracts entered into by the Board wi th both banks were reviewed and the fees submitted, on a quarterly basis, have been correct. 8. OTHER BUSINESS: - Approval of employee contribution for Christopher Burnette (Warrant 1134): Mr. Cypen stated the Board would need to ratify and confirm the previously executed war.rant approved. Officer Arena made the motion to approve Warrant 34. Chief Wigderson seconded the motion, all in favor, none opposed. - Approval of Warrants #35 & 36: Mayor Lynch made the motion to approve Warrants #35 & 36. Chief Lincoln seconded the motion, all in favor, none opposed. Officer Arena distributed a letter from Kruse, O'Connor & Ling, regarding what the City's contribution would be if there should be a change in the Social Security Off-set. Mr. Cypen stated that an impact statement which reflects the costs that are attributable to the changes being presented to the City Commission has to be sent to Tallahassee, generally before final adoption. He stated that this impact statement should be requested from Steve Palmquist, Kruse, O'Connor & Ling. He stated that statute requires that before there are increases in benefits there must be an actuarial impact statement indicating how much the benefits will cost, This procedure is implemented to protect the tax payers. , Officer Arena will contact Steve Palmquist requesting that the impact statement be done and sent to the State. '\, Mayor Lynch stated that the Commission rejected the Israeli Bond program on staff recommendation from the Finance Department. The vote was 4 to 1. Mayor Lynch made the motion to send flowers to Vickie Phillips, Sun Bank, due to her illness. Chief Wigderson seconded the motion, all in favor, none opposed. 'f ·. ", "- . ',fTY OF DELRAY BEACH POLICE & FIRE FIGHTERS RETIREMENT SYSTEM SEPTEMBER 25, 1991 PAGE 4 8. OTHER BUSINESS: cont'd. Lt. Brown stated that there is a misunderstanding as to who is responsible for chairing the Board meeting in the absence of the Chairperson. " He stated that in June 1989, the last election was held and John Tranter was elected Chairperson and he was elected Vice-Chairperson. Mr. Cypen stated that the ordinance reads: "Board of Trustees shall meet/organize and elect one (1) of their members as Chairperson and one (1) member Vice- Chairperson within ten (10) days after Trustees are elected and duly qualified." He stated that the implication is that each two (2) years the Board would vote and elect new officers. The same person may be re-elected. Lt. Brown stated that it would be appropriate to agenda this item for the next Board meeting. At that time, a new Chairperson, Vice~Chairperson and Secretary will be voted upon. Lt. Brown made the motion to adjorn the meeting. Mr, Weekes seconded the motion, all in favor, none opposed. Meeting adjorned at 1:30pm. The undersigned are the Secretary and Chairman of the Police and Fire Fighters Retirement System, Board of Trustees, and the information provided herein are the Minutes of the Meeting of said body for September 25, 1991, which minutes were formally approved and a pted by the Police a~~ighier tirement System, Board of Truste . () q q I " , Secretary and an. NOTE TO THE READER: If the minutes that you have received are not complete as indicated above, then this means that these are not the offical minutes of the Police and Fire Fighters Retirment System, Board of Trustees. They will become official minutes only after they have been reviewed and approved, which may involve some amendments, additions or deletions to the minutes as set forth above. COPIES TO: Members of the Board City Commissioners City Manager, D. Harden "- City Attorney, J. Kurtz Finance Director, J. Safford Asst. ~inance Director, M. Walinski Finance Department, S. Muehlburg Police & Fire Fighters Bulletin Boards .. 'f I·,· \ " '1oMte-~ Board of Trustees CITY OF DELRA Y BEACH POLICE AND FIREFIGHTERS RETIREMENT SYSTEM 100 N. W. 1st Avenue Delray Beach, Florida 33444 1\ b (. h I V E [) FES 2619~ MEMORANDUM CITY MANAGER'S OFFICE TO: DAVID HARDIN, CITY MANAGER , .0 i~,\\CL- FROM: OFFICER SALVATORE ARENA, BOARD SECRETARY \~~ l ~t\L\ SUBJECT: CITY COMMISSION AGENDA ITEM - REQUESTED ORDINANCE CHANGE DATE: FEBRUARY 19, 1992 ------------------------------------------------------------------------------- Per your request, attached please find a copy of the Police & Firefighters Retirement System minutes dated January IS, 1992, As indicated in the minutes, the Board voted and approved the the minimum benefit for non-service disability will be 25% and that there would be no social security off-set against disability (Page 2, Item 1!4 of the minutes). If you should require additional information, please contact me at 243-7841. :acw Attachment 'f . . . CITY OF DELRAY BEACH POLICE & FIRE FIGHTERS RETIREMENT SYSTEM MINUTES OF JANUARY IS, 1992 MEMBERS: Mr. Weekes, Lt. Adams, Chief Wigderson, Major Lincoln, Sgt, Tustin, Lt. Brown, Mr. Cypen, Anne Woods, Mr. Duane GUESTS: Mr, Ray Gerner ABSENT: Mayor Lynch, Officer Arena The meeting was officially called to order at 2:02pm by Major' Lincoln, Vice Chairman. A roll cåll was t",1ccon of members and guest . Lt. Brown will be arriving laLè to tr neeting. For the record, the Board did not meet in December 1991. 1. APPROVAL OF NOVEMBER 1991 MINUTES: The minutes were reviewed and corrections made. Lt. Adams made the motion to approve the minutes. Sgt, Tustin seconded the motion, all in favor, none opposed. Lt. Adams stated that for the record, a letter of resignation was received and accepted by the Board from John Trantor. 2, STEVE CYPEN - DISCUSSION OF BOARD COMPOSITION & CONFIDENTIALITY OF MEDICAL RECORDS: Board Composition - Mr, Cypen stated that he received information from the State, Insurance Commissioners office and the City regarding the Boards composition and the State's opinion is not clear. He stated, with Board approval, he would write a letter to the state specifically requesting clarification on composition of the Board, residency requirements of members and if the Board is in compliance with state statute, Lt, Brown arrived for the meeting at 2:16pm. Major Lincoln passed the gavel to Lt. Brown, Confidentiality of Medical Records - Mr. Cypen stated that medical records, in the absence of a waiver, would not be public doucments; and if the waiver is not executed and the records are not public documents there is no exemption from the Sunshine Law which requires public meeting should be held. Mr. Cypen stated that this situation would restrict the Board from being able to openly discuss, at a public meeting, a request for disability. I' . CITY OF DELRAY BEACH POLICE & FIRE FIGHTERS RETIREMENT SYSTEM JANUARY 15, 1992 PAGE 2 2. STEVE CYPEN - DISCUSSION OF BOARD COMPOSITION & CONFIDENTIALITY OF MEDICAL RECORDS: cont'd. He presented the Board with a form that would be signed by the person seeking disability. This form would authorize a waiver of confidentiality of medical records. Per Mr, Cypen's suggestion, the form will be added to the disability application form presently used, 3. DISCUSSION OF MEMO FROM FINANCE DEPARTMENT - RE: COMPENSATION INCLUDED IN PENSION CALCULATION: Lt. Adams stated thàt what he was hoping to receive f m Finance was a breakdown that would indicate1how pension benefits would be determined, . He stated that the information received was not exactly what he requested. Individual Benefit Statements: Mr. Cypen suggested that generally, for a fee, the actuary will prepare a benefit statement for members of the plan. Mr. Weekes suggested that the Administrative Assistant contact Steve Palmquist who then could determine the cost of preparing the statement. 4. BOARD APPROVAL - REQUEST OF ORDINANCE CHANGE ON THE 25% DISABILITY NON- SERVICE & SOCIAL SECURITY OFF-SET: Lt. Brown stated that the July minutes made reference to the proposed changes, but that a motion and the vote were not verified. The City Manager's office is requesting verification of the Boards approval for the proposed changes to the ordinance. Major Lincoln made the motion to approve the proposal as rendered. Chief Wigderson seconded the motion, all in favor, none opposed. Mr. Cypen stated that he did not recollect the specifics of the 2 ~% social security off-set. Officer Arena stated that Kruse, O'Connor & Ling sent a letter to the Board on June 17, 1991, which indicated the cost to eliminate the off-set of social security benefits against the systems disability benefit. The cost would be approximately $17,000,00 Mr. Cypen stated that a motion to request a change whereby the minimum benefit for non-service disability will be 25% and that there would be no social security off-set, of any kind, against disability off-set. Major Lincoln amended his original motion to reflect the language Mr. Cypen stated. Chief Wigderson seconded the motion, all in favor, none opposed. " . . CITY OF DELRAY BEACH POLICE & FIRE FIGHTERS RETIREMENT SYSTEM JANUARY 15, 1992 PAGE 3 4, BOARD APPROVAL - REQUEST OF ORDINANCE CHANGE ON THE 25% DISABILITY NON- SERVICE & SOCIAL SECURITY OFF-SET: cont'd. Mr, Cypen stated that the City should take into consideration that there may be one or more persons currently suffering the off-set and the ordinance change should be drawn in such a way as to apply only to retirees after the effective date of the ordinance change. Mr. Weekes stated his concerns on behalf of Mr. Ray Gerner. He stated that for months Mr. Gerner has attented pension board meetings with numerous problems 'related to his retirement and disability benefit. These problems have caus~d Mr. Gerner both physical and mental harm; and he feels something should be'done to assist Mr, Gerner in rectifying his problems. that he sha red Mr. Weekes . Lt, Brown stated concerns. He stated that the City has to take immediate action on the ordinance change since the Board has voted twice on this subject. Lt. Brown stated that, as required, an impact study has been obtained showing that there would be a minimal cost impact, Mr. Cypen again stated that Mr, Gerner would have to contact the City concerning his re-imbursement and the payment would be received from the City not the pension fund, Mr. Gerner stated that he contacted the City and was told that the City would not act without the recommendation from the Board. Mr. Cypen asked Mr, Gerner if he had been paid back to the period of time retro- active to Barrigan in 19891 Mr, Gerner stated that he had. Mr. Cypen stated that Mr. Gerner was now relying on the Amsell case which states that re-imbursements are retro-active to the date the off-sets began which would be a period of time prior to Barrigan. He suggested that Mr, Gerner obtain an attorney and force the City to pay him. Mr. Gerner stated he was told by the City (Finance Department) that they would be willing to re-imburse him the additional monies only upon the written request of the Board, Mr. Cypen stated for the record, his opinion is that this is an obligation of the City and not the pension board. Mr. Cypen stated with regard to Mr, Gerner's potential lump sum settlement, it would be appropriate for the Board to request the actuary to determine Mr. Gerner's life expectancy since the Board is required to make the adjustment based upon this information, '! . . CITY OF DELRAY BEACH POLICE & FIRE FIGHTERS ~lLKEMENT SYSTEM JANUARY 15, 1992 PAGE 4 4. BOARD APPROVAL - REQUEST OF ORDINANCE CHANGE ON THE 25% DISABILITY NON- SERVICE & SOCIAL SECURITY OFF-SET: cont'd. Mr. Cypen stated that after Mr. Gerner were to agree to a lump sum settlement he should return to the Board. At that time, the Board would use the standard acturial tables to obtain his life expectancy and then determine the amount of his monthly pension benefit. 5. IMPACT OF NEW DISABILITY ACT: Mr. Cypen stated that he did not know how this would impact the City's policy, but he felt it would have an impact on the pension fund. 1 Major Lincoln stated that since cities are no longer able to use the medical exam as a pre-screening mechanism for determining if someone is fit for hiring; does the Board have the same responsibility. Meaning does the Board have to allow a person to enter the fund only to have to pay-off on a possible disability request in a short period of time. Mr. Cypen stated that there is a difference between the City and the Board. The Board does not hire. He stated that the Board would have to make sure that the City's physical exam is well done and if any pre-existing condition should exist it should be detailed completely, Also, a copy of the physical exam and the findings should be given to the Board immediately. 6. OTHER BUSINESS: -Officer Shinholt's Disability Request: The Administrative Assistant informed the Board that each physican who administered care was contacted in writing and requested to release a copy of their medical report to Dr. Bebout. Once the reports are received/reviewed by Dr. Bebout an appointment will be scheduled for Officer Shinholt to meet with Dr. Bebout. -Re-imbursement from Mrs. Wickert: The Administrative Assistant informed the Board that Officer Arena sent a letter to Mrs. Wickert requesting the $306.30 re-imbursement. At the next meeting, the Board will be made aware of how Mrs. Wickert wishes to re-pay the money. -Approval of Warrants 1142 & 43: Lt. Adams made the motion to approve Warrant 1142. Chief Wigderson seconded the motion, all in favor, none opposed. Lt. Adams made the motion to approve Warrant #43. Major Lincoln seconded the motion, all in favor, none opposed, Lt. Brown stated that he is working on locating a new site, possibly City Hall, for the Board to hold their monthly meeting. ., 'I ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERI'Ií/ SUBJECT: AGENDA ITEM tt II c;. - MEETING OF APRIL 28, 1992 CHANGE ORDER NO. 1/GATEWAY CONSTRUCTION CO. DATE: April 24, 1992 This is a change order to the contract with Gateway Construction Co., in the amount of $11,000 and extends the contract completion date by 10 days for installing a 200 foot extension of 8 inch gravity sewer line on N. Dixie Highway. This extension would serve two properties which are outside the contract limits for this enclave improvement project. The affected properties are in the proposed water and sewer enclave improvement project for fiscal year 1992/93. Recommend approval of Change Order No. 1 in the amount of $11,000 and extend the contract completion date by 10 days for installing a 200 foot extension of 8 inch gravity sewer line on N. Dixie HighwaYi with funding from Enclave Water/Sanitary Sewer Phase I (Account No. 447-5167-536-60.31). ~ 5-0 'I , ~ . CONTRACT MODIFICATION (CHANGE ORDrR) Date: April 3, 1992 Contract Modification No,: 1 Work Change Directive No,(s) 1 --~.~------- "--- -~._-_.- Owner: __ __ __çj,t,y_otJ~~l!:ªy"ª~ach____ _ ___________ .--_. Project Name: Water & Sewer Service to the Former Enclaves Project No,: SEF30787.Dl ~.- - -" ------ ..~~. .-- .----.' .-- _.- --- -- ~-' - ~ .. ---.-- Contractor: Gateway_Construction Co. -- -----".--------- ----- --------_.._-~--_._._----- The following modifications to the Contract are hereby ordered: (Use additional pages if required) --,----- --------------.------------ ----'-- --- ---- Extend gravity sewer north to_new manhole outside the limits of the enclave, on __PJ_xj,~___~j,gh..~Ël..Y_Li..n ...EÇ.C.9~9_ª_n_c_e._wi.~h_g_eg\!e_~t _.f.9~Q~o_ta ~i qn_~9-,___1J_j}_ump _ S tlm) --' __ ___ -------~-- --- ._------- -~------_._~- -.------.---.---- "- .. -_._.._.------~--- ----_. ---,--~---~--_.--- -'--- -- . ---._.--- --.--- --------_._--_.---------------~-_._---- ------------ -----------.. - -- ._-~-- ----- - --- ._-~----- ---~-----------_._--------_._-~~._-" _____'u_~_______ -------~..,-~---_._._-------. ----.- _._--~~._---_.__.-_.-.- - ~-------' ___ ___________ ... _. n ._____~.________._,_______ _____ n___ .---- --'- -----.- .-- -- ._- - - .- .--- ------. - ---- ---- ~ -- ------- --- '-~-- .---- \ --- .-- .----- .._----~--- --------- ---- ___ ___u_ _ _._ _ .---- . __,_~__...__n__ _._ --._-------_.__.._-_._~--------- ------- --'--- -' ----- ___~ _ un_. ___.___ __.. ___ ____ ____.__.______ _.__ _. __._.._______________._n_~_____._______ -- Contract Amount Contract Time (Calculate Days) - ..--------.--- -- ------.---.-- ---- _. ._---- ---- -- - - .-_...._--. - -- ----- - -- Original S ~L.£1ª...J..Q5_,- Q.Q__ Original Duration 240 - --- Days Previous ContraCt Modifications S 0,00 Previous Contract Modification _____0_ __ Days (Add/Deduct) ---- (Add/Deduct) . This Contract Modification S 11 ,000.00 This Contract Modification _____10__ _. Days (Add¡jŒI!IWJá) (Add/~~~) Revised Contract Amount S 1,249,905.00 Revised Contract Time 250 Dcys - -----. - -- - - - -" - ---.---- The Revised Contract Completion Dote is: __u _u____ Sept_emberJ 0 _, 19 92 City of Delray Beach Gateway Construction Co. CH2M HILL . ---- Owner Contractor Engineer Recommendation ~:e---.·~--~==-=~-~ By =~--~~- ~-;~ , . -.- - - _ --- _ Date, __. .~.A-;z.-_u. Date,. ._~{Jll1_'l._. __un._ Thomas E. Lynch, Mayor Approved as to Form: City Attorney (2,4) :<EV 12/90 FOí7M 273 ., 'I . . . . Cl&fHIU REQUEST FOR QUOTATION QUOTATION NO. 13 TO: Rod Emerson. Gateway DATE: Apri: 1, 1992 FROM: Eleanor Carney, CH2M HILL PROJECT: Delray Beach Water and Sewer for Enclaves PROJECT NO. SEF3078 7.D 1 KEYWORD DESCRIPTION: Dixie Hlohway Extension DATE QUOTATION REQUIRED: April 3. 1992 THE FOllOWING MODIFICATION TO THE CONTRACT HAS BEEN ICENTIFIED, PURSUANT TO THE GENERAL CONDITIONS, PLEASE PROVIDE A QUOTATION FOR THE ALTERATION AS DESCRIBED IN ITEM 1. THE QUOTATION SHOULD INCLUDE AN ITEMIZED BREAKDOWN OF CONTRACTOR AND SUBCONTRACTOR COSTS. INCLUDING LABOR. MATERIALS. RENTALS. APProVED SERVICES. OVERHEAD. A-iD PROFIT. THIS REQUEST SHAll NOT BE CONSIDERED AUTHORIZATION TO PROCEED WITH THE WORK HEREIN DESCRIBED. ==================================================================~~=~~==~=~:~=~=====~=~~~ TO BE COMPLETED BY INITIATOR OF REQUEST: 1. SCOPE OF WORK: (INCLUDE LIST OF ATTACHMENTS) Extend oravitv sewer north to new manhole and Include service lateral In accordancG \I·/ith the attcciiec drawino and the proiect specifications. outside the limits of the enclave. 2, REASON(S) FOR MODIFICATION: City reauested chanoe. 3, APPROVAL OF REQUEST: OWNER DATE ENGINEER 'ß-v- ()..~ DATE 4-)\\q1- , =======================================================================~==~===~~=====~==~~ TO BE COMPLETED BY CONTRACTOR: i'1 / t;:J!7O 4. TOTAL COST OF MODIFICATION (ATTACH DETAILED BREAKDOWN) $ 5. WILL A MODIFICATION TO THE CONTRACT TIME BE REQUIRED? b6 YES ( ) NO IF SO. TRADE(S) NO. OF PERSONNEL DURATION It! (CALENDAR DAYS) 6. ATTACHMENT IDENTIFICATION: (lIS1) 1. QUOTATION IS IN EFFECT UNTIL: (DATE) 8. APPROVALOFQUOTAnON~ ? ~,;< CONTRACTOR .~~.... DATE (2.7) FORM411 'I . .. ~ IC fion of * .~ fy Co " ~ 'OL ~ Q: ~r ~ '\ "- , \ ~ .... ~II. 9~' . DE L RAY VOl.'IO I ~ \;:) '. 711.9:'-' ~ JJ¿U) ~e/ PiPe ¡..; ,., ~ . - ~ 1\1 ... ~i ." - " ",' - e$3.70' L.S. 10 --l- . .- - ". . -. . A): 001 cf -" rES, INC. SCALE IN FEET ~ . - 1II1:..·.'3L.-::)-~:'·,··~_·-:-~',~n! ." ° '00 - 20~ ..._ '00 ';00 :Joo 600 . - .~-!J . _.- _.. . ..- --. 'I ,I . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER rJJ-!I SUBJECT: AGENDA ITEM :It 9H - MEETING OF APRIL 28. 1992 AUTHORIZATION TO ADVERTISE 1992 BEACH RENOURISHMENT PROJECT DATE: April 24, 1992 This item is before you to authorize staff to advertise and request bids for the 1992 Beach Renourishment Project. This project consists of the placement of approximately one million cubic yards of material from the off-shore borrow area along 1.6 miles of beachfront. The beach area being renourished is located just south of Atlantic Avenue and ends approximately one quarter mile south of Linton Boulevard. The U.S. Fish and Wildlife Service has placed a condition on the permit for this project limiting sand placement to the period between October 15 and May 15. This condition is intended to protect the sea turtles. Staff is continuing to negotiate to have this condition eliminated. The advertisement for bids on this project will include two alternatives. The first alternative will be for construction between October 15 and May 15 and the second for construction in the summer. It should also be noted that construction during October 15 and May 15 is estimated to be more expensive than during the summer. Approximately $1,081,786 will need to be appropriated from the Beach Restoration Fund in excess of the reimbursement agreements from Federal, State and County sources. Rough sea conditions are the primary reason for this additional cost. A detailed staff report is attached as backup material for this item. Recommend approval of request for authorization to advertise for bids for the 1992 Beach Renourishment Project, ~ 5-0 ,. L /'\ ~~./) CITY COMMISSION DOCUMENTATION TO: David T. Harden, City Manager VIA: David Kovacs, Director FROM: John Walker, Project coordinato~ ~~ SUBJECT: MEETING OF APRIL 28, 1992 AUTHORIZATION TO ADVERTISE BEACH NOURISHMENT PROJECT ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of authorization to advertise the Beach Nourishment Project for bid, BACKGROUND: This project is a maintenance nourishment of our Beach Erosion Control Project, consisting of the placement of approximately one million cubic yards of material along 1.6 miles of beach front , The project area runs from a point just north of Atlantic Ave. to a point about a quarter mile south of Linton Blvd, Material will be dredged from a borrow area half a mile offshore and hydraulically pumped to the beach. It currently appears that permit conditions will be placed on the project limiting sand placement to the period between October 15 and May 15, These conditions are intended to prohibit construction during the sea turtle nesting and hatching season. Although efforts are continuing to have these conditions lifted, the U. S , Fish and Wildlife Service has thus far refused to alter the permit conditions. In order to maintain the project schedule while continuing to negotiate for elimination of timing restrictions, we propose to take bids on the project in a time frame that will allow a summer construction. The project will be advertised with two alternates: one for construction between October 15 and May 15, the other for construction in the summer, Cost estimates for the two alternates are attached, Funding for either alternate will initially come from the Beach Restoration Fund. In the summer project, the total cost will be reimbursed under County , State and Federal agreements, In the more expensive fall/winter project, funds in excess of the current reimbursement appropriations, $1,081,786, will be required from the Beach Restoration Fund. Additional funding will be requested from Federal, State and County sources to reimburse the Fund after-the-fact, '. City Commission Documentation Authorization To Advertise Beach Nourishment Project Page 2 RECOMMENDED ACTION: By motion, authorize and direct the City Manager to advertise the Beach Nourishment project for bid. Attachment: * Cost Estimates JW/T:BID2,DOC 'f COST ESTIMATES BEACH NOURISHMENT PROJECT SUMMER WINTER CONSTRUCTION CONSTRUCTION Construction $4,802,175 $6,483,950 Sand Search 150,000 150,000 Preliminary Engineering 192,471 250,929 Final Engineering 112,888 132,374 Bid and Negotiations 16,039 20,910 Construction Supervisor 48,118 62,732 Environmental Monitoring I 165,581 165,581 Environmental Monitoring II 151,700 151,700 Pre-Construction Survey 15,300 15,300 Post-Construction Survey 15,300 15,300 TOTAL $5,669,972 $7,448,776 Current Appropriations $6,366,990 $6,366,990 Contingency $ 697,018 ($1,081,786) JW/A:#1/COST '. /..- ~ [ITY OF DELAA' BEA[H 100 NW, 1s1 AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7v)J April 16, 1992 Mr. Richard N. Smith, Deputy Director United States Department of the Interior Fish and Wildlife Service Washington, D.C. 20240 RE: DELRAY BEACH NOURISHMENT PROJECT FWS/DES/ES 53415 Dear Mr, Smith: This is in reference to your letter to Mayor Lynch dated March 18, 1992. The letter cited two examples of beach projects performed in the fall and winter "without higher costs" than a summer project. The implication was that Delray Beach may anticipate similar results. The examples cited were not similar to the Delray Beach project; their methodology, location and costs cannot be directly compared with our project. The project cited as 30 miles north of Delray Beach is the Jupiter Island Beach Nourishment. This project was scheduled and bid to take place in August. The mobilization portion of the bid was low because the project was timed to take place between two other projects by the same contractor. When the project schedule was changed due to permit restrictions, the fill placement portion of the bid was renegotiated to a much higher cost. The Jupiter project differed from Delray Beach in that it was a hopper dredge operation (Delray Beach is a hydraulic cutterhead operation). Hopper dredges are more seaworthy in rough seas, meaning they are less susceptible to down time in fall/winter. Even so, the project time was significantly extended in the Jupiter project. The other project cited was Redington Beach - Indian Shores. This project is on the west coast of Florida where sea conditions in winter are much calmer than the east coast. The project is a clam shell and barge operation, dredging material from a borrow site 12 miles from the project beach. This slower method of operation necessitates working through the winter. The first phase of the project was completed in winter, but the THE ErFOPT ALWAYS MATTERS ., .. Mr. Richard N. Smith Delray Beach Nourishment Project - FWS/DES/ES 53415 April 16, 1992 Page 2 second phase will be constructed in summer. Permit conditions for this project included sea turtle monitoring and nest relocation - timing restrictions were not applied. As you can see by the above discussion, the examples cited are not relevant to the situation in Delray Beach. What remains relevant is our documented ability to construct the beach nourishment project in summer while protecting sea turtles through a successful nest relocation program. We suggest that you reevaluate your position based on the complete information we have supplied. Sincerely, /!;f¿~ Project Coordinator c: President George H.W, Bush Senator Bob Graham Senator Connie Mack Representative Harry A. Johnston III Representative Tom Lewis Colonel Terence Salt, District Engineer Mayor Thomas E. Lynch David T, Harden, City Manager JW /T: FWS 1. DOC . ., ,I SE~T BY:fISH AND WILDLIfE ; 3-18-92 ; 3:15PM; 2022064473-4 407 243 3771.::: 2 . .. # . . . ~ ~. ... \. . , United States Department of the Interior FISH AND WilDLIFE SERVICE WASHINOTON, D.C. 10240 ADDII!" OM., THI DUI!ÇTOA. PI.H AHÞ Wl4.ÞU'IIEAVlCS In Reply Refer To: FWS/DES/ES 53415 Honorable Thomas E. Lynch MÄR I 8 1992 Mayor of Delray Beach Delray Beach, Florida 33444 Dear Mayor Lynch: Secretary Lujan has asked me to respond to your January 15, 1992, letter regarding the Delray Beach Nourishment Project permit application ('S9IPG- 20094) to the U.S. Army Corps of Engineers. You expressed concørn that the Fish and Wildlife Service's (Service) efforts to conserve threatened and endangered sea turtles were unreasonably restricting the City of Delray Beach's ability to conduct beach nourishment. I have reviewed Regional Director Pulliam's December 6, 1991, letter to Mr. John Walker of your staff and concur with Mr. Pulliam's finding that modifying the "incidental take statement- in thø Service's August 3, 1990, Biological Opinion ('4-1-90-274) by removinv the Hay IS-October 15 timing restriction would be contrary to Service po icy on sea turtle conservation. This policy is consistent with, and supported by, approved recovery plans for the green and loggerhead sea turtles. The Service's timing restriction, which applies to less than 25 percent of Florida's beaches, is designed to minimize the "taking" of turtles during the main portion of the nesting and hatching season and to avoid the unnecessary manipulation of large numbers of nests. Take includes the loss of eggs when turtle nests are not found during relocation programs and are subsequently crushed by heavy equipment or smothered with sand, reduced hatching success of relocated nests, and harassment of female turtles attempting to nest. Although we understand your concerns about the City's ability to conduct beach renourishment outside this 5-month nesting window, such renourishment is possible, For example, 30 miles north of Delray Beach a renourishment project that is similar in size to the one planned for your city was completed between October and December 1991 without higher costs. Among other fall-winter beach renour1shment projects is one that has begun between Redington Beach and Indian Shores on Florida's west coast, We understand that the costs of this project will be lower than those anticipated for a / .. 'I !oG7 243 37:~;;; " : 3 - 1 Õ - ~ ¿ ; ~;,: r :1\ ; 2022Ç~'t.ì3~ . 5~~ì 5Y:Fi5n A~O WiLDLiFE .' . "" . .- . ,. . .. Honorable Thomas E, lynch 2 summer project, In any case, the Endangered Species Act does not allow the Service to exempt actions that adversely affect threatened and endangered species on the grounds of inconvenience or increased cost. I hope this information is helpful. If I can be of assistance in the future, please contact me, Sincerely, ",-;.:4,- DIRECTOR . ,. '. [ITY OF DELAA' BEA[H 100 N,W. 1st AVENUE . DELRA Y BEACH. FLORIDA 33444 . 407/243-7000 January 15, 1992 Manuel Lujan, Jr. Secretary of the Interior 1849 C Street, NW Washington, D.C. 20240 RE: DELRAY BEACH NOURISHMENT PROJECT PERMIT APPLICATION f89IPG- 20094 Dear Mr. Secretary: This is in reference to a letter sent to you by John Walker of our staff (November 5, 1991) and a reply from James W. Pulliman, Jr. , Regional Director of the Fish and Wildlife Service (December 6, 1991). copies of these letters are included. Mr. Walker requested your intervention to remove from the draft Corps of Engineer's permit, restrictions that would deny the City the ability to construct the Maintenance Nourishment Project between May 15 and October 15. The City maintains that such restrictions are not reasonable and prudent measures based on the following: 1. The City has demonstrated the ability to successfully relocate marine turtle nests, as shown on the attached table. We plan to continue relocation during the project constructton~-~~herefore, no adverse impacts to nesting marine turtles will occur during construction. 2. Forcing the dredging operation into the fall/winter months would increase the danger to personnel and equipment without adding to the protection of marine turtles. .- --. . 3. Protection of coral reefs through maintenance of water - .... quality standards is more difficult in the rough sea conditions commonly occurring in the fall/winter months since turbidity is greater and remains suspended longer. THE EFFORT ALWAYS MATTERS .. . . , . '"', Manual Lujan, Jr. , . Secretary of the Interior Delray Beach Nourishment Project Permit Application 1891PG-20094 Page 2 4. Requiring dredging in the fall/winter months will add an estimated 30% to the cost of construction due to delays caused by rough sea conditions. In the case of Delray Beach this cost increase is approximately $1.5 Million. Since the timing restriction adds no demonstrable protection to marine turtles where a nest relocation program is employed, the addition of $ 1.5 Million in public cost is unwarranted. In his response, Mr. Pulliman refused to remove the restrictive conditions to the proposed permit. In doing so he noted that dredging is possible in the fall/winter months and that the safety of personnel and equipment is the responsibility of dredge captains, not the Fish and Wildlife Service. No mention was made of the cost factor noted above, but Mr. Pulliman did suggest that a study be made of weather and dredging operations. We find this response, frankly, inadequate. We agree that dredging is possible in the fall/winter months, but we contend that it is both reasonable and prudent to allow construction to take place in a timeframe that optimizes economic, safety and engineering consideration, and protects all aspects of the environment. For our project, this timeframe is the calm summer months. The City of Delray Beach Erosion Control Project has restored and maintained a viable beach/dune system since 1973. In that time we have had no storm damage to upland property, including public infrastructure, parks and private and public buildings. In that time we have caused no adverse, long-term environmental impacts. We have restored a vegetated dune system where the natural system had been lost to erosion, provided recreational opportunities for the public, and restored and preserved a nesting habitat for marine turtles where the natural beach had been lost to erosion. We have initiated and maintained a marine turtle conservation program, not because of a legal requirement, but to protect nesting turtles. -- - '. . .0 Manual Lujan, Jr. -0 . Secretary of the Interior Delray Beach Nourishment Project Permit Application 1891PG-20094 Page 3 We again request your intervention to remove unreasonable conditions so that we may proceed to construct this maintenance nourishment in a tirneframe to optimize engineering, environmental and economic success. Please call me should you have any questions or need additional information. c: President George H.W. Bush Senator Bob Graham Senator Connie ~ack Representative Harry A. Johnston II Representative Tom Lewis Colonel Terrance Salt, District Engineer David Harden, City Manager John Walker, Project_Coordinator JW/tS/COE4.DOC - .- - --- " '. " , - - CITY OF DELRAY BEACH SEA TURTLE NESTING INFORMATION YEAR NESTS IN SITU HATCHING % RELOCATED HATCHING % 1984 218 0 N/A 218 82 1985 156 36 77.5 120 74.6 1986 150 44 78,4 106 80.4 1987 167 3 87.8 152* 63.4 1988 139 74 no data 65 76.3 1989 180 112 82.3 68 70.1 1990 231 128 92.8 103 92.4 1991 253 150 92.5 103 85.6 TOTAL 1494 547 85.2 935* 78.1 * Incomplete hatching data on 12 nests Notes: A beach nourishment project occurred in summer, 1984. Species distribution: 1477 loggerhead, 7 green, 10 leatherback. Study area 2.7 miles long. JW/#3/TURTLE5.DOC ,- - .-0 -.. . " '_J, ~ . .' .. ~ . .. [ITY OF DELAny BEA[H . . ---~/ 1(.0 ~ \./ hI A .'~:.....t: úHAAY BLACtt, í-LOHIDA 33444 407/243-7000 November 5, 1991 Manuel Lujan, Jr. Secretary of the Interior 1849 C Street, NW Washington, D.C. 20240 RE: DELRAY BEACH NOURISHMENT PROJECT PERMIT APPLICATION 189IPG-20094 Dear Mr. Secretary: This is a request for your assistance and intervention to complete the issuance of the subject permit without unreasonable conditions. In their response to the application, Fish and Wildlife Service's (FWS) Section 7 Biologi~al Opinion, dated August 3, 1990, included a restriction allowing dredging only during the fall/winter months between October 15 and May 15. Based on Delray Beach's ongoing Sea Turtle Conservation Program, we do not consider this restriction to be reasonable and prudent and request removal of conditions restricting project timing. To date, Mr. David Ferrell, of the FWS office at Vero Beach, Florida, has refused to remove these unreasonable conditions, even when advised by the Corps of Engineers Jacksonville District of the extreme danger to personnel and equipment that would result from the winter dredge requirement. It is our understanding that the Corps of Engineers is generally recognized as the federal agency with expertise and experience in dredging. There are examples of loss of life and equipment resulting from dredges caught in high waves while operating in open water. It should be noted that the accurate prediction of high waves at a particular site and time is difficult and that all approaching wave events cannot be readily detected. The nearest shelter for a dredge operating offshore at Delray Beach is about 25 miles away. Therefore, if winter dredging is required, it is likely that a dredge will be unable ta- reach shelter during an unexpected wave event. Should this occur, the lives and safety of personnel will be threatened and the dredge may be damaged-ótdestroyed. THE EFFORT AI'''/~YS MATTeRS " - . -, Secretary, Manuel Lujan, Jr. ., Delray Beach Nourishment Project Permit Application #891PG-20094 November 5, 1991 Page 2 The subject project is a Federal Shore Protection Project, constructed by ,the Local Sponsor on a reimbursement basis. Initially restored in 1973, with maintenance nourishments in 1978 and 1984, this project provides and maintains: * Storm protection for $41 Million in upland property. * RecreatIon opportunities for the public. * Nesting habitat for marine turtles. The city of Delray Beach has had a Sea Turtle Conservation Program in place since 1984. The program includes nest monitoring and relocation with a high degree of success. Nesting density in our 2.7 mile project area averages 187 per year¡ approximately half the nests are relocated each year to protect them from high tides, pedestrian traffic and artificial lighting. Hatching success in relocated nests is equivalent to nests left in place. During construction of the nourishment project (which only occurs once every six to eight years), all nests in the project area will be relocated to other areas of the beach. FWS is aware of our ongoing program and our plan to protect marine turtles during construction. In spite of this highly successful program, FWS insists on prohibiting construction during the calm sea conditions of the summer months. The reasons we target construction for the summer are: * Protection of coral reefs through maintenance of water quality standards. Turbidity is greater and remains suspended longer in rough sea conditions, which means it can travel longer distances, potentially over coral reefs. * Reduction of hazards to personnel and equipment. Rough sea conditions are more dangerous for dredge personnel and those monitoring the project. The probability of damage or loss t( vessels and other equipment is greatly increased in rough seë - conditions. * Economic efficiency. Beach projects in summer face far fewer time delays than those in fall and winter. The rough sea conditions of the fall and winter force delays in order to protect water quality, personnel and equipment, as noted above. These delays translate into higher project cost. ·-A conservative estimate of the increased cost is 30%. In the - case of the Delray Beach project this is approximately $1.5 Million. '! . . . . . Secretary, Manuel Lujan, Jr. . ~ Delray Beach Nourishment Project Permit Application '891PG-20094 November 5, 1991 Page 3 We believe that prohibiting dredging during the summer adds no demonstrable protection to marine turtles where a nest relocation program is employed. We believe that our own experience with successful nest relocation for eight years adequately demonstrates that fact. Therefore, we believe that the addition of $1.5 Million in public cost and the exposure of coral reefs, personnel and equipment to the dangers of winter dredging is unwarranted. We request that you intervene to allow issuance of the permit for the Delray Beach Nourishment Project without restrictions on project timing. Project background and copies of relevant correspondence are attached. Please call me should you have any questions or need additional information. Sincerely, ~á/~ John Walker Project Coordinator JW/leh c: President George H.W. Bush Senator Bob Graham Senator Connie Mack Representative Harry A. Johnston II Representative Tom Lewis Colonel Terrence Salt, District Engineer Director, FWS Regional Office Mayor Tom Lynch David Harden, City Manager JW/#3/COE3.TXT - - ._" ~~ .,.-. ,~' . ,. '. ì DELRAY BEACH NOURISHMENT PROJECT The subject project is the Third Periodic Maintenance Nourishment of the Delray Beach Segment of the Federal Shore Protection Project for Palm Beach County, Florida. The project is designed and constructed by the local sponsor (City of Delray Beach) with subsequent reimbursement of the Federal share of project cost. Authorization of Federal Participation is in place. Federal funding has been appropriated in the Energy and Water Development Appropriations Bill, signed by the President in August, 1991. At this time, the process of reviewing the Addendum to the General Design Memorandum and Local Cooperation Agreement is being comple~ed by the Jacksonville District. The City of Delray Beach submitted the subject application for a permit in June, 1989. As part of this process USFWS submitted a Section 7 Biological Opinion dated August 3, 1990 which included a restriction on the timing of the project, allowing construction only after October 15 and before May 15 to minimize the potential adverse effect on nesting marine turtles. The City objected to this restriction in a letter to the Jacksonville District dated October 25, 1990. In that letter the City stated its intention to make every effort to complete construction by June 1. The District Engineer requested that USFWS remove the prohibition of construction during the summer months in a letter dated September 9, 1991. USFWS refused to modify the timing restriction in their October 23, 1991 letter to the District Engineer. The City of Delray Beach has had a Sea Turtle Conservation Program in place for eight years. The program includes nest monitoring and relocation with a high degree of success. During construction, we propose to continue this same general methodology, relocating all nests from the project area to other areas of the beach. Based on past experience, we can expect continued success in the protection of marine turtles during construction. Both the Jacksonville District and USFWS are aware of our program and our plan for marine turtle protection during construction. JW/'3/COE2.TXT " " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ¿rr/l SUBJECT: AGENDA ITEM :It 9I - MEETING OF APRIL 28. 1992 AUTHORIZATION TO PROCEED/1992 BEACH RENOURISHMENT PROJECT DATE: April 24, 1992 This item is akin to a service authorization in that staff is requesting that the Commission authorize Coastal Planning and Engineering¡ Inc. to proceed with engineering, bidding and negotiation services for the 1992 Beach Renourishment project¡ in the amount of $17,890. The scope of service provides that Coastal Planning and Engineering, Inc. will provide plans and information to prospective bidders, hold a pre-bid conference, analyze bids and make recommendations for contract award. The total cost of engineering services is reimbursable under County¡ State and Federal agreements. Recommend Coastal Planning and Engineering, Inc. be granted authorization to proceed with engineering¡ bidding and negotiation services for the 1992 Beach Renourishment project¡ in the approximate amount of $17,890 with funding from Beach Restoration Fund to be reimbursed from County, State and Federal funding agreements. ~ s-() ., .. - \ .- ! <.<" 1 '~ " CITY COMMISSION DOCUMENTATION TO: David T, Harden, City Manager VIA: David Kovacs, Director ~ FROM: John Walker, Project coordinat~ ¡¿J. SUBJECT: MEETING OF APRIL 28, 1992 AUTHORIZATION TO PROCEED, BEACH NOURISHMENT, BIDDING AND NEGOTIATIONS ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is that of approval of an authorization to proceed with the bidding and negotiations phase of the engineering contract for the Beach Nourishment Project, BACKGROUND: Work in this phase consists of assisting the City in the bidding of the construction project. Coastal Planning & Engineering, Inc, will provide plans and information to prospective bidders, hold a pre-bid conference, analyze bids and make recommendations for contract award. The cost of this work is estimated at $17,890, As detailed in our overall contract with Coastal Planning & Engineering, Inc. , this phase represents 5% of the total engineering cost. Engineering cost is 6,55% of construction cost, presently estimated at $ 5,462,595. Funding for this work will initially come from the Beach Restoration Fund, The total cost is reimbursable under County, State and Federal agreements, RECOMMENDED ACTION: By motion, authorize and direct the City Manager to authorize Coastal Planning & Engineering, Inc, to proceed with the Bidding and Negotiations Phase of the Engineering for the beach nourishment project as requested in their attached correspondence. Attachment: * Letter from CPE JW/#5/BID1.DOC '. 'I . COASTAL & OCEAN ENGINEERING COASTAL SURVEYS COASTAL PLANNING & ENGINEERING. INC. BIOLOGICAL STUDIES GEOTECHNICAL SERVICES BOCA RATON: 24B1 N.W, BOCA RATON BOULEVARD, BOCA RATON, FL 33431 (407) 391-B102 TELEFAX: (407) 391-9116 SARASOTA: 1605 MAIN STREET, SUITE 800, SARASOTA, FL 34236 (813) 365-5957 TELEFAX: (813) 954-6036 JACKSONVILLE: 1542 KINGSLEY AVENUE, SUITE 142E, ORANGE PARK, FL 32073 (904) 264-5039 TELEFAX: (904) 264-5039 4818.67 March 3, 1992 Mr. John Walker Project Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: BIDDING AND NEGOTIATION PHASE OF ENGINEERING Dear John: This is to request the City's approval to proceed with the Bidding and Negotiation Phase of the Engineering for the beach nourishment project. The estimated cost for the bidding and negotiation phase will be $17,890. As per paragraph 7.5.2 of our contract, the cost for this phase is 5% of the total engineering fees. Engineering fees are presently estimated at $357,800 based on 6.55% of the most recent construction cost estimate, in accordance with paragraph 7.2.1 of our contract. As we discussed, according to the most recent schedule which calls for construction starting about the 1st of August, we would need to start this phase about May 1, 1992. Please authorize us to proceed with the bidding and negotiation phas~. If you have any questions, please call me. Very truly yours, COASTAL PLANNING & ENGINEERING, INC. ß/Vu k-?Ý' Kim E. Beachler, P .E. Vice President ~~ttn\Yl!EID) cc: Beth Gilbert MAR 5 1992 c:wp51 \walker.ltr PLANNING & ZONING 'f ,. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~JCITY MANAGER 4T SUBJECT: AGENDA ITEM i - MEETING OF APRIL 28. 1992 AGRICULTURAL RESERVE AREA DATE: April 24, 1992 This item is before you to consider making a recommendation to the Board of County Commissioners with regard to Task 2.2 of the Agricultural Reserve Area Study. Task 2.2 concerns alternative land use scenarios for the Agricultural Reserve Area. These alternatives are outlined in five technical memoranda. These alternatives are described as follows: -Technical Memorandum #1 - outlines the study parameters. -Technical Memorandum #2 - takes the "status quo" approach. It seeks to preserve agricultural production by increasing acreage harvested; or at least, slowing the decline of agriculture. -Technical Memorandum #3 - takes the traditional neighborhood design development concept. Non-farm development is focused in the southern portion of the Agricultural Reserve from about Lake Ida Road extended to Clint Moore Road. This alternative results in 9,700 dwelling units and a population of 24,000. -Technical Memorandum #4 - presents an expansion of the Urban Service Area to allow greater urban development. This alternative results in 19,000 dwelling units and a population of 48,000. -Technical Memorandum #5 - consists of a series of neighborhood centers, surrounded by residential uses in rural villages. The alternative results in 28,500 dwelling units and a population of 71,000. There are a number of impacts to Delray Beach flowing from the development of the Agricultural Reserve including absolute population increase; impact on adjacent properties; demand for commercialization of the mid-area; traffic impacts and environmental issues. The Planning and Zoning Board at their April 20th meeting recommend that the Commission request the County Commission reject all the currently described alternative land use scenarios in the Agricultural Reserve Study. Alternatively, they recommend that the County perform a comprehensive study, with the participation of the cities. A detailed staff report is attached as backup material for this item. ~ ~ 4 fl9L 2 ¿¡-!oj é&fXdJl-/ c/t ~S&?771'l ) ., '. " f ,. \ ¿?~ CITY COMMISSION DOCUMENTATION TO: ~d Harden, City Manager IGJ._'\U fJ)UG d VIA: Dav1d Kovacs, Director~lanning and Zoning FROM: John Walker, Project coordinato~ ¿tJ~ SUBJECT: MEETING OF APRIL 28, 1992 PALM BEACH COUNTY AGRICULTURAL RESERVE STUDY - RECOMMENDATION TO COUNTY COMMISSION ITEM BEFORE COMMISSION: Recommendation to the County Commission concerning alternative land use scenarios developed in Task 2.2 of the Palm Beach County Agricultural Reserve Study, BACKGROUND: The Planning and Zoning Board, at its regular meeting of April 20, 1992, discussed the results of Task 2,2 of the on-going Palm Beach County Agricultural Reserve Study and a report by Staff of the potential impacts on Delray Beach, This report, first presented at the Board's workshop of April 13, 1992, is attached, In the Study, the County's consultant, Dames & Moore, and the County Planning Division staff, presented alternative land use scenarios for development of the Agricultural Reserve Area, These scenarios will be presented to the County Commission in a workshop April 28, 1992, and in a public hearing May 5, 1992. After considering the potential affects of such development (see page 3 of the Planning and Zoning Staff Report), the Planning and Zoning Board, by motion at its meeting of April 20, 1992, unanimously recommended that City Commission request the County Commission to reject all the currently described alternative land use scenarios in the Agricultural Reserve Study, Instead, the Planning and Zoning Board suggested that the County perform a comprehensive study, with the participation of the cities, which would include the impact on the entire county of any development of the Agricultural Reserve Area, This study should 'f .. , . City Commission Documentation Palm Beach County Agricultural Reserve Study - Recommendation To County Commission Page 2 look to preserve and promote agricultural uses, as well as revitalizing the eastern urban areas. There was a general consensus that further work on the Agricultural Reserve Area should follow further work by the R/UDAT Design Team and the Urban Form Study. ALTERNATIVE ACTIONS: While no action is required by the Commission on this matter, it would be appropriate for Commission to make a recommendation to the County Commission: 1. As recommended by the Planning and Zoning Board, 2. Endorsing one or more of the alternative land use scenarios for selection by the County Commission for detailed analysis. JW/AGRES3,DOC " , / \ w ~ ë: z ex ;:J Þ- 111 =< c ii ~ 0 AGRICUl rURAL "of ~ - RESERVE 111 1ft 111 ;:J III ;:J AREA 1. \ I ~ LANTANA ROA.D I . . ,"x x . . '"x x . . ,"x . . ~x . ., '. '. '" t ~ { oX . ~ ~ y 0' ~ BOYNTON BEACH BLVD. .x x '" X x X x CITY or DElRAY BEACH I x ~ . . LOXAHATCHEE A NATIONAL WILDurr R£F'UG£ x . . . . . . . . .. . . . . . . . . . . . . . . . . . . .!- ~ x . . . . . . . . . o . . , ~.......o , 0 r"ln o. ATlANTIC - ~t . . . . . .. ... ! J<.. AVENU[ . . . . . ., .... x . . . . . . . . . . . . . . . .. . . . . . . . . . , ~..... . . ~ . . . . . . . 0 . . .. .. . .. . . . . . . o~ X o 0 X X x x CUNT "OORE ROAD yo N - N.T,S, I Of PLANNING AND ZONING BOARD DOCUMENTATION TO: Planning and Zoning Board Members FROM: Stan Weedon, Planner III j¡Ja4-, John Walker, Project Subject: MEETING OF APRIL 20, 1992 PALM BEACH COUNTY AGRICULTURAL RESERVE STUDY - RECOMMENDATION TO CITY COMMISSION ITEM BEFORE THE BOARD: Recommendation to the City Commission concerning alternative land use scenarios developed in Task 2.2 of the Palm Beach County Agricultural Reserve Study, BACKGROUND: At the Board's Workshop of April 13, 1992, the Planning and Zoning Department staff presented the attached report relative to the on-going Palm Beach County Agricultural Reserve Study. The report described the alternative land use scenarios for the Agricultural Reserve developed by Palm Beach County Planning Division staff and Dames & Moore, the County's consultant. In addition, the report discussed potential impacts to Delray Beach resulting from development of the Agricultural Reserve, The alternative land use scenarios will be presented to the County Commission in a workshop April 28, 1992, and in a public hearing May 5, 1992, ALTERNATIVE ACTIONS: The Board may make one of several appropriate recommendations to City Commission on this matter. 1. The Board may take no action relative to the alternative land use scenarios resulting from Task 2.2 of the Palm Beach County Agricultural Reserve Study, 2. The Board may endorse one or more of the alternative land use scenarios for selection by the County Commission for detailed analysis, 3. The Board may recommend that the County Commission reject all land use scenarios due to their potential adverse impacts on the City of Delray Beach. JW/AGRES2.DOC " PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: Planning and Zoning Board Members VIA: David Kovacs, Director FROM: John Walker, Project Coordinator SUBJECT: MEETING OF APRIL 13, 1992 PALM BEACH COUNTY AGRICULTURAL RESERVE STUDY This is a report on the alternative land use scenarios for the Agricultural Reserve Area. The scenarios were presented by Palm Beach County's consultant, Dames & Moore, at a meeting April 8, 1992, The alternatives will be presented to the County Commission in a workshop April 28, 1992 and in a public hearing May 5, 1992, Based on those meetings, the County Commission may select one or more (or none) of the land use scenarios for detailed analysis, An overview of the Study is attached for reference. This report relates to Task 2.2 of the Study. The full text of the completed portions of the Study are available for your review. The Task 2.2 document contains five technical memorandums. Technical Memorandum #1 outlines the study parameters, the other four memos describe four land use alternatives for development of the Agricultural Reserve. These alternatives are described as follows: Technical Memorandum #2 This is the "status quo" al ternati ve. It seeks to preserve agricultural production by increasing acreage harvested or, at least, slowing the decline of agriculture. Implementation methods would be to 1) discourage infrastructure investment, and 2) encourage investment by farmers. Possible approaches by government to encourage investment include fee simple purchase, purchase of development rights, and transfer of development rights. Technical Memorandum #3 This is a traditional neighborhood design (TND) development concept. Non-farm development is focused in the southern portion of the Agricultural Reserve from about Lake Ida Rd. (extended) to Clint Moore Rd. to take advantage of existing infrastructure. This alternative results in 9,700 dwelling uni ts and a population of 24,000. Reduction in agricultural output is approximately 25%. " '. . Planning and Zoning Board Palm Beach County Agricultural Reserve Study Page 2 Technical Memorandum #4 . This alternative presents an expansion of the Urban Service Area to allow greater urban development. Development under this scenario results in 19,000 dwelling units and a population of 48,000. Reduction in agricultural output is approximately 60%. It is likely that this alternative would require an area-wide DRI and could be implemented by a zoning strategy and the Urban Form Study, Technical Memorandum #5 This concept was created by the Rangeline Coalition and reported by Dames and Moore. This alternative consists of a series of neighborhood centers surrounded by residential uses in "rural villages". The concept is implemented over the entire developable area of the Agricultural Reserve, resulting in 28,500 dwelling units with a population of 71,000. Reduction in agricultural output is 100%, County Planninq Division Scenario The Planning Division has developed a separate alternative for the Agricultural Reserve, which they call the Comprehensive Plan Scenario. This alternative seeks to: * Promote agriculture through the prohibition of incompatible land uses, development of economic strategies to reduce the cost of agricultural production and marketing, and the direct involvement of the County in agricultural financing (lending options). * Monitor the economic viability of agricultural production, If agriculture ceases to be viable, or the need for additional urban development is documented, the Comprehensive Plan would be rewritten to accommodate land use changes through reallocation of density as needed to maintain a jobs/housing balance. The premises of the Planning Division alternative are that agricultural production in the Reserve should and can be maintained at least through 2010, and that the Reserve is not currently needed for urban development. The County Planning Division anticipates no increase in population and no negative impacts on agricultural output from this alternative. This alternative is similar to the "status quo" scenario presented by Dames and Moore except that a pro-active approach is used to maintain agriculture. Potential Impacts There are a number of potential impacts to Delray Beach flowing from development of the Agricultural Reserve. They fall into the following categories: 'f " " Planning and Zoning Board Palm Beach County Agricultural Reserve Study Page 3 * Absolute population increase: Each of the alternatives (except that of the County Planning Division) includes an increase in population over that currently accomodated for 2010 (approximately 5,000). Allowing greater populations west of the Turnpike will be an attractor for still more growth in the area between Jog Rd. and the Turnpike (the "mid-area II). This regional growth may stress regional systems. * Impact on adjacent properties: This is a compatability issue. If there is a difference between proposed land use and existing land use, there will be pressure on existing land uses to increase density. Increases in density within the Agricultural Reserve may be viewed as justification to increase density in the "mid-area" unless sufficient buffering (e,g. open space) is provided, * Demand for commercialization of the "mid-area": With increasing population in the west, a tendency will exist for the area between Jog Rd. and the Turnpike to become more commercialized to take advantage of nearby populations both in the Agricultural Reserve and in the east. This will draw market share away from existing commercial areas in the City and further their decline, * Traffic impacts: Traffic generated by development of the Agricultural Reserve may lead to congestion in the "mid-area II. Such congestion will tend to inhibit travel further east. A barrier of congestion west of the City could reduce the ability of commercial areas in the City to draw from existing markets in the "mid-area". In addition, development scenarios presented presume the completion of the Flavor-Pict Rd. extension and the University Parkway extension. These major connectors to Broward County will further increase congestion in the IImid-areall. * Environmental issues: Although not under the direct jurisdiction of the City, there is concern over the impacts of development on air and water quality and other aspects of the environment resulting from development in the Agricultural Reserve. Each of the above factors work in concert with one another. Any land use scenario for the Agricultural Reserve needs to be viewed in context of the above. Board Focus - Discussion - Position on April 20, 1992 JW/AGRESl.DOC '! .. . ., , PALM BEACH COUNTY AGRICULTURAL RESERVE STUDY This is an on-going study of potential development in the Agricultural Reserve throughout Palm Beach County. The study goals include an assessment of the future for agriculture in the reserve area and compliance of other potential land uses in this area with the County's Comprehensive Plan. The study is laid out in three phases: 1. Data Collection and Agricultural Analysis. 1,1 Inventory of land uses in the Reserve. 1.2 Analysis of economic impacts of agricultural uses. 2. Alternative Land Use Scenarios. 2.1 Land use suitability analysis. 2.2 Development of alternative land use scenarios. Development of implementing policies. Preliminary public facilities impact assessment. 3. Development of Recommended Land Use Scenarios for the Agricultural Reserve. 3.1 Detailed impact analysis. 3.2 Preparation of final policy/plan amendment. At this time Phase 1 and part 2.1 of Phase 2 have been completed. Major findings of Phase 1 included: - Crop land in the Reserve Area contributes more value per -acre than the average harvested land throughout the County, However, the economic impact of crops from this land is not great enough to define comprehensive local policy for the Reserve Area. - The future of agriculture in the Reserve Area is uncertain due to its sensitivity to international competition and adverse production impacts. - Environmental Regulations may adversely impact the ability of new agricultural operations to become or remain viable. - Current land use regulations have little or no adverse impact on agriculture in the Reserve Area. The current report (Phase 2.1) identified a number of limiting characteristics that would affect development, including soils, roads, water and wastewater service, floodplains and environmental sensitivity. Land use types were mapped with these variables to produce a suitability profile for uses in the Reserve Area. General conclusions of the report included: ., .. , , , , I.The strongest variable affecting location of development is transportation. 2.Due to the proximity of transportation and wastewater facilities, the eastern part of the Reserve Area is suitable for most development uses (including agriculture). The western study area is best suited for open space. 3.Residential use suitability tended to be highest with lower densities. Densities graded east to west, higher densities in the east, lower in the west. Gradation reflects the locations of floodplains and infrastructure. 4.Commercial uses showed strong linear and nodal characteristics resulting from existing or planned transportation facilities. 5.Industrial use location were defined by wastewater and transportation availability. Similar to residential uses, industrial suitability displayed an east to west gradation. 6.Conservation/open space uses are most suitable in larger, contiguous sites. 7.Commercial/recreational uses are suitable in most of the study area with proximity to infrastructure being the important determinant for suitability. 8,Agriculture is a suitable use in approximately two-thirds of the study area. Variables determining a positive _ranking for this use included soils, water resources and the lack of environmentally sensitive lands. Phase 2.2 will use the material and analysis already obtained to develop alternate scenarios for land uses in the Reserve Area. JW/T:AGSTUDY ., " ,¡; . ... MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: éITY MANAGER !1M SUBJECT: AGENDA ITEM i qK - MEETING OF APRIL 28. 1992 SETTLEMENT OFFER DATE: April 24, 1992 We have received an offer of settlement in the amount of $7,500 from Mr. Robert Marshall. Mr. Marshall alleges that he was injured during his arrest by the City's Police Department; and thus, has filed suit against two officers, the City, former Mayor Campbell, and Chief Overman. At this time Mr. Marshall is incarcerated. The City Attorney's office recommends denial of this settlement offer. Recommend denial of the settlement offer of Mr. Robert Marshall in the amount of $7,500. ffløIøn /¡¡ ~ 5-0 'I '. ìc' \ CJ TYJiTTORNEY , S OFF I CE TEL No. 407 278 4755 Ap r 23,92 8: 00 F' .1)S~r:/Jl - +;'.. i' . /i~~~~';~:-~~'\, ,"' "'\ [IT' OF DELAAY BEA[H ~ ~~-o{' ':~~"'~ ( ~ .. r~ ;"'" .~~~':'=t.... r , .... .. r4;.:I";r..~_ <!~ G '..>,.( "",_' ....",:: . ..:,::.... , , ; ,'a ~~.~,::.~:?;f~~f".:"~"., :.d~~,:~f~ ',:s~~~,\t~;:~~}~~\~~V;;~;~. ...../ .. ....." '.. '..,,,.....- " ,.,.. )1.." ...",~... ,,~,It:I~.. "~¡..",~.."..,."..,,..~i<!Jrb~- 'CITY ATTORNEY'S OFFICE 200 NW hI AVENUE' DELRAY BEA<;H. FLORIDA 33444 FACSIMILE 407/278.4755 Wc.t.'t:..c · DLC'.a't:. LLn... (407) 243-7090 MEMORANDUM Date: April 20, 1992 To: City Commission , From: David N. Tolces, Assistant City Attorne~ ! Subject: Marshall v. City Our File NO. 05-92.10 The City has received a request for settlement in the above matter. .Mr. Marshall alleges that he was .1.njurec1 durlng - hls arrest by the City's Police Department. At this time" Mr. Marshall 1s incarcerated in the state faQil1ty At Ind1antown. He filed suit aga1nsttwo ,-officers, the City, former Mayor .' campbell, and Chief Overman. He ,isrequestlng $1,500 .AS -~. settlement for the lawsu1t. We recommend that this ofter be " rejected. --..--. -. . --- 1 ~':" """.",~,......",.,,: ..'...,.,' . ,.' , " ", ., ',". ..', ¡"""":""';'":''' _.'. "11;,,."... .... \ ,~..."' .,.,' .~. , .' .' . '.' . 'j' "'.' .,"1', .i.J.~· "'.>' .."... . .'~, " ."1 . . ~T·o'" ' .." . . . . . .. .. , ...- .~\ , : d;. :.; , 'If you ha e any questions,' please call. ,'. \""., , '. .. -'. . . '. . ,.. '?t.' , 1 :'.: ' DNT¡ sh I.. ,. .J .~ ~Æ .' ~. "cc: David Harden, City Manager . ',~.." . Lee.' a.,,'.-iGHham, Risk Manager " Donna Woods, Claims Representat1ve · mar8ha11.dnt . '\ . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: &'CITY MANAGER SUBJECT:/" AGENDA ITEM i q L - MEETING OF APRIL 28. 1992 SERVICE AUTHORIZATION NOS. 9. 10 and l1/SURVEY SOUTH, ~ DATE: April 24, 1992 These are service authorizations in the total amount of $23,200, to the contract with Survey South, Inc., for survey services required in conjunction with the N.W. Area Drainage Project. This project has been divided into three phases, and extends between Atlantic Avenue north to Lake Ida Road. Phase I encompasses the area from N.W. 3rd Avenue to N.W. 5th Avenue; Phase II from N.W. 6th Avenue to N.W. 10th Avenue; and, Phase III from N.W. 10th Avenue to the I-95 Interchange. While working on these projects staff discovered that additional survey work was needed to complete the base maps. The additional surveying services will provide field information for better horizontal and vertical control; locate facilities and set bench marks that were missing from the original survey; and includes areas that were previously omitted in the original field work. Recommend approval of Service Authorization Nos. 9, 10, and 11 to the contract with Survey South, Inc. for additional survey work for design of the N.W. Area Drainage Project with funding from Decade of Excellence Bond Fund - N.W. Drainage (Account No. 225-3161-541-61.39). ~S-O '. - . . . DEPARTMENT OP ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER PROM: RALPH E. HAYDEN, P.E\MJ- CITY ENGINEER ~. DATE: APRIL 21, 1992 SUBJECT: N. W. DRAINAGE AREA BETWEEN ATLANTIC AVENUE, LAKE IDA ROAD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Our office is working on the design of the N. W. Drainage Area Project which will connect into the N. W. Drainage Outfall. Since this project is so large in scope we have broken it down into three smaller projects to make it more manageable. These project phases are as follows: Project Phase I - N. W. 3rd Avenue to N. w. 5th Avenue project Phase II - N. W. 6th Avenue to N. w. 10th Avenue Project Phase III - N. W. 10th Avenue to I-95 While working on these projects we have discovered that we will need additional survey work to complete our base maps. We have contacted Survey South, one of our survey consultants, and have obtained fees for this work. Their fees are as follows: Project Phase I - $ 6,000.00 Project Phase II- $ 8,000.00 Project Phase III - $ 9,200.00 This field information will provide better horizontal and vertical control, locate facilities and set bench marks that were missing from the original survey, and include areas that were omitted in the original field work, Please approve these service authorizations so we can proceed. Please call me if you have any questions. RH: kt File: Memos to David T. Harden, City Manager RHDH421.kt .. .. SURVEY SOUTH, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: MARCH 28.1992 SERVICE AUTHORIZATION NO, 9 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 225-3161-541-61,39 PROJECT NO. 91-57.1 (CITY) ~2\t9 ( Survey South, Inc. ) TITLE: Northwest Area Drainaqe Improvements NW 3rd Avenue to NW 6th Avenue This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated Februarv 18. 1992 between the City of Delray Beach and Survey South, Inc. I. PROJECT DESCRIPTION A. Perform survey services as described in Scope of Services sections II.A and II.C for the following streets: 1- NW 3rd Avenue from Atlantic Avenue to NW 2nd Street. -- 2. NW 3rd Street from NW 3rd Avenue to NW 6th Avenue. 3. NW 3rd Court from NW 5th Avenue to NW 6th Avenue. 4. NW 4th Street from NW 4th Avenue to NW 6th Avenue. 5. NW 5th Avenue from NW 3rd Court to NW 4th Street. B. Perform survey services as described in Scope of Services sections II,B and II,C for the following streets: 1- NW 3rd Avenue from NW 2nd Street to NW 4th Street (Lake Ida Road). 2. NW 4th Avenue from Atlantic Avenue to NW 4th Street (Lake Ida Road). 3. NW 5th Avenue fro NW 2nd Street to NW 3rd Court, 4. NW 6th Avenue from Atlantic Avenue to Lake Ida Road. · II. SCOPE OF SERVICES A. Provide survey notes consisting of field topography and horizontal locations referenced by baseline station and offset of all existing improvements within the rights-of-way of roadways defined in I,A above, extending 5' beyond right-of- way to include the following: 1. Topographic elevations at 50' intervals to depict centerline grade (existing PGL), edge of pavement grade, location and grade of curb, gutter, swale centerline, front and back of sidewalk, and right-of-way line, il!cluding cross sections at all P.C./P.T. points of intersection return radii, P.I. of intersections, and cross sections of all sidestreets at 50' from intersection P.I. 2. Location and dimensions of existing roadway, pavement, driveways, sidewalks, curb, etc., including P.C./P.T. of intersection return radii. 3 , Location of existing utilities and drainage facilities including pipe diameter, direction and invert elevations I rim/grate elevations of all storm, sanitary, and other accessible structures exclusive of Florida Power and Light/Southern Bell facilities. 4. Location of all trees, shrubs, mailboxes, signs, fences, and other encumbrances found within the right-of-way. -- B, Provide survey notes consisting of horizontal locations referenced by baseline station and offset of all existing utilities within the rights-of-way of roadways defined in r.B above to include the following: 1. Location of existing utilities and drainage facilities including pipe diameter, direction and invert elevations, rim/grate elevations 1)f all storm, sanitary, and other accessible structures exclusive of Florida Power and Light/Southern Bell facilities. C, Provide and reference benchmarks at maximum 600 foot intervals. III. BUDGET ESTIMATE OF SERVICES $ 6,000,00 Lump Sum IV. COMPLETION DATE One ( 1) month after approval of authorization to proceed. 'I · This service q,uthorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in it's 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 services authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date: Date: David T. Harden City Manager , Attest: STATE OF Florida COUNTY OF Palm Beach -- The foregoing instrument was Approved as to Legal acknowledged before me this 20th Sufficiency and Form day of april , 1992 by Manuel A. Gutierrez (name of officer or agent, title of officer or agent), of Survey South. Inc. ( name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) personally known to me (type of identification) ( a s identification) and ~/did not) take an oat~. ~ :lHPvKij~i4J~v Sl.gnature Yof Person aking Acknowledgment 1/DIOfPO ~ d,ffi~~L-r<\f¡-h,,- signature of Ac]<:nowledger Typ~à~iP~i~f~id£tamped r'~l C'r<> ':;;: :.~;C! ::::;~. 18. 1992 6::'''';;ø~ Î:lr~ -:-r~ i ~. .:;:.,. Ins',nc:'\ce loc.. . SURVEY SOUTH, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: MARCH 28,1992 SERVICE AUTHORIZATION NO. 10 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 225-3161-541-61.39 . q 2- j 20 PROJECT NO, 91-57.2 (CITY) ( Survey South, Inc. ) TITLE: Northwest Area Drainaqe Improvements NW 6th Avenue to NW 10th Avenue, NW 11th & 12th Ave. North of NW 3rd Street This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated Februarv 18, 1992 between the City of Delray Beach and Survey South, Inc. I. PROJECT DESCRIPTION A. Perform survey services as described in Scope of Services sections II.A and II.C for the following streets: 1- NW 1st Street from NW 6th Avenue to NW 10th Avenue, - - 2. NW 3rd Street from NW 6th Avenue to NW 8th Avenue, and from NW 10th Avenue to Roosevelt Avenue. 3 , NW 4th Street from NW 6th Avenue to NW 8th Avenue, 4. NW 7th Avenue from Atlantic Avenue to NW 1st street. 5. NW 9th Avenue southerly extremity to NW 1st Street. 6. NW 10th Avenue from Atlantic Avenue to NW 3rd Street. 7. NW 3rd Terrace from sri 10th Avenue to NW 12th Avenue. 8. NW 11th Avenue from NW 3rd Street to approximately 300 feet north. 9. NW 12th Avenue from NW 3rd Street to approximately 300 feet north. B. Perform survey services as described in Scope of Services sections II.B and II.C for the following streets: 1- NW 7th Avenue from NW 1st Street to NW 4th Street, 2. NW 8th Avenue from NW 1st Street to approximately 200 feet north of NW 4th Street. 3 . NW 9th Avenue from NW 1st Street to NW 3rd Street. 4. NW 3rd Street from NW 8th Street to NW 10th Street. 5. NW 11th Avenue from NW 3rd Terrace to approximately 300 feet south. 6. NW 12th Avenue from NW 3rd Terrace to approximately 300 feet south. 'I II. SCOPE OF SERVICES A. Provide survey notes consisting of field topography and horizontal locations referenced by baseline station and offset of all existing improvements within the rights-of-way of roadways defined in I.A above, extending 5' beyond right-of- way to include the following: 1. Topographic elevations at 50' intervals to depict centerline grade (existing PGL) , edge of pavement grade, location and grade of curb, gutter, swale centerline, front and back of sidewalk, and right-of-way line, including cross sections at all P.C./P.T. points of intersection return radii, P.I. of intersections, and cross sections of all sidestreets at 50' from intersection P.I. 2. Location and dimensions of existing roadway, pavement, driveways, sidewalks, curb, etc. , including P.C./P.T. of intersection return radii. 3 . Location of existing utilities and drainage facilities including pipe diameter, direction and invert elevations, rim/grate elevations of all storm, sanitary, and other accessible structures exclusive of Florida Power and Light/Southern Bell facilities, 4. Location of all trees, shrubs, mailboxes, signs, fences, and other encumbrances found within the right-of-way. -- B. Provide survey notes consisting of horizontal locations referenced by baseline station and offset of all existing utilities within the rights-of-way of roadways defined in I.B above to include the following: 1. Location of existing utilities and drainage facilities including pipe diameter, direction and invert elevations, rim/grate elevations of all storm, sanitary, and other accessible structures exclusive of Florida Power and Light/Southern Bell facilities. c. Provide and reference benchmarks at maximum 600 foot intervals. III. BUDGET ESTIMATE OF SERVICES $ 8,000.00 Lump Sum IV. COMPLETION DATE One ( 1) month after approval of authorization to proceed. - I This service ~uthorization is approved contingent upon the city's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization, If the City in it's 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 services authorization approved by the city to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date: Date: T}avid T. Harden City Manager jtess ~ /// ~/l{þtIû . ~0L.J VWi tness Attest: STATE OF Florida COUNTY OF Palm Beach -- The foregoing instrument was Approved as to Legal acknowledged before me this 20th Sufficiency and Form day of april , 1992 by Manuel A. Gutierrez (name of officer or agent, title of officer or agent), of Survey South. Inc. ( name of corporation acknowledging) , a Florida (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) personally known to me (type of identification) ( a s identification) and +did-fdid not) take an oath. j;¡~~ - \ 1..t-~{"'--'" ignature of Person Taking Acknowledgment ~IO(lh~LA\ 6he~~ signature of Acknowledger Typed, Printed or Stamped - tlofcry Pub!i~ Sf~fe cf Ff~;fdcr -. Mil C!'!~-..<· '-.., ,...~:."- r·~,.,. ' :1. 1QO' 'I SURVEY SOUTH, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: MARCH 28.1992 SERVICE AUTHORIZATION NO, 11 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 225-3161-541-61.39 PROJECT NO. 91-57.3 (CITY) Q212.' ( Survey South, Inc. ) TITLE: Northwest Area Drainaqe Improvements NW 10th Avenue to 1-95 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated February 18. 1992 between the City of Delray Beach and Survey South, Inc. I. PROJECT DESCRIPTION A. Perform survey services as described in Scope of Services sections II.A and II.C for the following streets: 1. NW 1st Street from NW 10th Avenue to 1-95. 2. NW 11th Avenue from Atlantic Avenue to NW 1st Street. -- 3. NW 13th Avenue from Atlantic Avenue to NW 2nd street. 4. NW 14th Avenue from south extremity to NW 1st street. 5. Prospect Street from Washington Avenue to approximately 350 feet east. 6, Lee Street from Washington Avenue to approximately 350 feet east. 7. Roosevelt Avenue from Prospect Street to Lee Street. B. Perform survey services as described in Scope of Services sections II.B and II,C for the fOllowing streets: 1. NW 11th Avenue from NW 1st street to NW 2nd Street, and from NW 3rd Terrace to approximately 300 feet south. 2. NW 12th Avenue from Atlantic Avenue to NW 2nd Street, and from NW 3rd Terrace to approximately 300 feet south. 3. Roosevelt Avenue from NW 3rd Street to Prospect Avenue, and from Lee Street to approximately 100 feet south of Lake Ida Road. 4. NW 13th Avenue from NW 2nd Street to NW 3rd Street. 5. NW 3rd Street from NW Roosevelt Avenue to NW 14th Avenue. 6. Prospect Street from Roosevelt Avenue to approximately 350 feet west. 7. Lee Street from Roosevelt Avenue to approximately 350 feet west. 8. NW 14th Avenue from NW 1st Street to NW 2nd Street. 9. Washington Avenue from NW 3rd Street to north terminus. I 1 ., II. SCOPE OF SERVICES A. Provide survey notes consisting of field topography and horizontal locations referenced by baseline station and offset of all existing improvements within the rights-of-way of roadways defined in I,A above, extending 5' beyond right-of- way to include the following: 1- Topographic elevations at 50' intervals to depict centerline grade (existing PGL), edge of pavement grade, location and grade of curb, gutter, swale centerline, front and back of sidewalk, and right-of-way line, ißcluding cross sections at all P.C./P,T. points of intersection return radii, P.I. of intersections, and cross sections of all sidestreets at 50' from intersection P.I. 2. Location and dimensions of existing roadway, pavement, driveways, sidewalks, curb, etc., including P.C./P.T. of intersection return radii. 3. Location of existing utilities and drainage facilities including pipe diameter, direction and invert elevations, rim/grate elevations of all storm, sanitary, and other accessible structures exclusive of Florida Power and Light/Southern Bell facilities. 4. Location of all trees, shrubs, mailboxes, signs, fences, and other encumbrances found within the right-of-way. .- B. Provide survey notes consisting of horizontal locations referenced by baseline station and offset of all existing utilities within the rights-of-way of roadways defined in I,B above to include the following: 1- Location of existing utilities and drainage facilities including pipe diameter, direction and invert elevations, rim/qrate elevations of all storm, sanitary, and other accessible structures exclusive of Florida Power and Light/Southern Bell facilities. C. Provide and reference benchmarks at maximum 600 foot intervals. III. BUDGET ESTIMATE OF SERVICES $ 9,200.00 Lump Sum IV. COMPLETION DATE One ( 1) month after approval of authorization to proceed. - '. This service ~uthorization is approved contingent upon the city's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the city in it's 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 services authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date: Date: 20apr92 David T. Harden ~~~ City Manager Wiress /( _ ···11 UñN/VI~u VWitness I Attest: STATE OF Florida COUNTY OF Pa1m Beach - - The foregoing instrument was Approved as to Legal acknowledged before me this 20th Sufficiency and Form day of april , 1992 by Manuel A. Gutierrez (name of officer or agent, title of officer or agent), of Survey South. Inc. ( name of corporation acknowledging) , a Florida (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) Dersonally known to me (type of ide n t i f i cat ion ) ( a s identification) and ~/did not) take an oath. ( )j~~~/~~ VSignature of Person Taking Acknowledgment ~Orll? ~'¥ìL~~/:;h~UY1~ Signature of Acknowledger Typed, Printed or Stamped N!!t::ry PvHi', $:~t.1 d FY')riJa r,') (2:·,:.- ....-:. -'--: :"". ì", 1992 I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~t1'í CITY MANAGER SUBJECT: AGENDA ITEM :It 9 M - MEETING OF APRIL 28. 1992 SERVICE AUTHORIZATION NO. 5/PECI INC. DATE: April 24, 1992 This is a service authorization in the amount of $74,494, to the contract with PEC, Inc. for engineering services in conjunction with improvements at Lift Stations 1 , 4, 5, 9, 11 and 18 to accommodate replacing the Master Lift Station with a booster station. This authorization includes preliminary design, final design and construction phase services. Study/report and bidding/negotiation services were included under previous authorizations for this project. The scope of service for this authorization includes engineering services for the improvements of the lift stations to be connected to the proposed in-line booster station manifold system (Lift Stations No. 1, 5, 11, and 18) and Lift Station No. 4. Additionally, the scope of services includes the abandonment of a small grinder pump station which serves a large residential home north of Veteran's Park. Recommend approval of Service Authorization No. 5 in the amount of $74,494, to the contract with PEC, Inc. for engineering services in conjunction with improvements at Lift Stations 1 , 4, 5, 9, 11 and 18 to accommodate replacing the Master Lift Station with a booster station¡ with funding from Water and Sewer Repair and Replacement - Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). ~ 5'-0 '. · . 'I . APR-24-'92 FRI 11:38 ID:DELRAY ENIJ. SERUICES TEL ~,jO:"¡0";'-2"¡3-7060 I:GO~ ~O2 MEMORANDUM TO: David T, Harden city Manager FROM: George AÞou-Jaoude Deputy Director of Public utilities SUBJECT: SERVICE AUTHORIZATION NO. 5 - PEC MANIFOLD LIFT STATION IMPROVEMENTS DATE: April 24, 1992 Staf! reviewed Service Authorization No. 5 submitted by PEC for engineering services to rehabilitate Lift Stations No. 1,4,5,11 and 18. These stations need to be upgraded by the time the Booster Station is on-line. The engineering fee for this authorization is $74,494. The estimated construction cost is $650,000, Attached is an agenda request with this authorization for your review and approval. Georç&¿ GA:smm ATTS: File: Memos to City Manager GASVC5.DOC . " ¡; R 0 t1 P R i) F E S S I:: " H L E f¡ " ,0 E ':' c; "' ';, C ,~. ~,__ ~.:, ~:;, , -,' . ç . p. ~ .i. -_, . ~ ':' PEC PROFESSIONAL ENGINEERING CONSUL rANTS, INC. April 22, 1992 (Revised) April IS, 1992 P-20SS Mr I George Abou-Iaoude, Deputy Director City of Delra)' Beach Bnvironmental Services I 434 South Swinton Avenue Delra)' Beach, Florida 33444 RE: Consulting Service Authorization Proposal In-Line Booster Master Pump Station Manifold Lift Station Improvements Dear Mr, Abou-laoude: We are pleased to present the attached proposal (or Engineering Services related to the above referenced assignment. The objective of this assignment is to provide construction plans and specifications for lift station improvements which are required for the conversion from the present master te-pump system to the in-line booster manifold system presently under final design, This scope of work was not initially included in our original proposal dated December 19, 1991 as the specific improvements for each station I had not yet been developed by Hazen & Sawyer, P, C, It is now timely that these improvements are to be incorporated into the contract documents for the "In-Line Booster Master Pump Station" project as discussed in our meeting March 2S, 1992, with David Harden, City Manager, and yourself. During this meeting, the City requested a proposal from PEe to provide engineering services for the lift station improvements recommended in the preliminary "Wastewater Transmission System Master Plan" dated March 1992, prepared for the City of Delray Beach by Hazen and Sawyer, P,C, OUf proposal includea engineerin¡ services for the recommended immediate improvements for the lift stations to be connected to the proposed In-line booster station manifold system (Lift Station No.1, S, 11 and 18) and for Lift Station No, 4 which re- pumps to L,S, No, J 1 (see Tab]e 20SSA for specUic information). AdditionaUy, the scope of services inctudes the abandonment of the smaU grinder pump station which serves a large residential home north of Veteran's Park I The deve10pment of this assignment consists of three (3) phases as provided in our Agreement for Engineering Services dated December 4, 1991. Phase I (Study and Report) and Phase IV (Bidding/Negotiation Phase) is included under previous authorizations and is thet'efore not applicable to this scope of work. Phase II Preliminary Design Phase Phase III Pinal Design Phase Phase IV Construction Phase (mgi/loors planners I S¡¡fYoyors 200 fast Robinf,on Street I SUite 1560 . Orlando. Florida 32801 ' 407/422-8062 ' FAX 407/849·9401 I Mr. George Abou-Jaoude P-20SS April 22, 1992 (Revised) April 1S, 1992 Pago2 It is expressly understood that the City of Delray Beach will provide hydraulic data prepared by Hazen" Sawyer, P,C, for the development of five (5) system head curves, one for each of tho lift stations (L,S I No, 1, 4, 5, 11 and 18) to be upgraded, It is also understood that the contract documents prepared for this assignment will be incorporated into the bidding documents for the "In-Line Booster Master Pump Station and Transmission System Improvements" I Enclosed for your review are manhour estimates included in Attachment A and cost estimates in Attachn\cnt B, Proposals from the subconsultants for electrical, structural. - surveying and geotechnical services are provided in Attachment C, We propose to perform the engineering services described herein for a total fee of $74,494. Of this total fee, $66,512 represents ~ engineering fees for services as provided in our Agreement for Engineering Services; including preparation of construction plans, specifications and related bidding documents and construction administration services. The remaining total fee of $7,982 represents fees for additional or $pðCial ser'Y!~ and includes the preparaüon of an Engineering Report required for the Construction Permit AppJication ($4,035). preparation ofth~ Construction Permit Application ($489), Surveying ($2,750) and Geotechnical Services ($708). As this scope of work is a continuation of our originaJ proposal for this project, a resident project representative will not be provided by PEC as the City wjtl assign its staff (or inspection during construction I We are prepared to complete this assignment in conformance with the implementation schedule included with the proposal for the In-Line Booster Pump Station dated December 19, 1991, We appreciate the opportunity to provide our engineering services for this assignment and trust that the information provided herein sufficient for your needs, If you have any questions or require additional information, please do not hesitate to contact the undersigned I Sincerely, PROFESSIONAL BNGINEERING CONSULTANTS, INC. ~~ ~- Arthur R, Austin, P.B. Manager, Environmental Department ARA/ale-W08 Attachments: A and B cc: Mr, David Harden. City Manager, City of Delray Be4ch ***END*** ,- 10 ~ ~ ~ ~ ~~ ~ ~ I::: :I: :I: :I::I::I: < 8 0 0 100 0 -z Ñ - ~Ñ- "7 -" 11 I M '" Ñ -Ñ M .. ........"..... ..... ..,............,..... ,.....-...- ......... ". ........ ............ ...., .--.--. ,_....-... ...... ...."... ... ........-..,......... ....., ...."," .......... ........... ......... .....-..... .... ....... ..""........ ......., ..--......".... ....,...............11'1 æ- 0 10 0 0 Cô~, ... .... ~ . :a ........:a ... ...............'."... .·.·..·.1.··.··.· .........§ ~ ~ ~ ~ ~ ~ ~ d:5:~.<1 ~ r- Ñ 0\.. ..............·S Ja ~ Ja J! :fa :fa :fa :fa S ~ ~ S ..!! e e e e:fa ~ ~ ~ ~ ~ ~ z U) U) U) U) e i:' i:' i:' i:' ~ Q Q Q Q U) .!a .!a ,g .!a ..Ci ..Ci ..Ci ..Ci 'ö '~ ·Ö 'ö ..!! e e e e :fa ~ ~ ~ ~ ~ S z U) U) U) U) e i:' i:' i:' i:' ~ Q Q Q Q U) . ,................ ... ................... . ."................. .." --.........".....-. .......-.-.....""'.. -. . . ............, -,.... "................~......... l.!IrT.. i i !. !. ~ ..!! !$ !$ -a < '..,...,',..'...........,.,.. ..",I If æ Æ Æ z :fa.... 'D ~ 8 ,....,,····,·····'·....·1·'· 3 ............:..::::....:.... ....... '($ . c:: :I ...:...::.:.....:.......:.......... .....& I) I) I) I) ;:I "'A O'A ~ - U<: ...~ i l i i ~~i ]V~lj ......... .............:.. . ..... .' . ~ ..J ..J ~ U .A ~ ..c:¡ ~ U ð ....... ..... ... Þ6t ..... .... ..... -~ ~ < ~ ~ ~ :I:~ ~ ~ ~~ ~ :I::I: :I: :I::I::I: 80 10 10 1010 10 I ~ M I I ..-4 I ...-4 ..-.. ~N N N ~N ~ ~ o Z ....................." ~ . .... ,.",.... <:. II> ~ 1!I~i!~¡¡ ~ ~ ~~ § I 1 .~f..t~ ~ ~ õ ~ ~ 0\ ~ ~ ~ ....... ,....... Z ..... ~ "0 ..... "..,. .. ~ ; ..c:: efofo c:: .. !:: _ _ _ _ _ ~~~ß :0 :0 :0 :0 :0 ::s' . '::I~ -.a -~ -.a -.a.. .. ~ ü . 1! "E 1!. 1! 'E 1! 'c: I) c:: c:: M ',:'" '€ '€ '€ .. ... "0 0 0 _ I) Ji I) 5 I) Ii I) _5 '5 5 "ã 'j 'j ò >u >u >0 >u >u ~ ··z ~ ~ ' . . U) if if if jj~ !~!i:' !i:' ~ llu ,g ~ .g ~ ,g ~ .. 8. 8. e!I 6" 5, 6, G 2 e~ > > > e ~ ~ Q c:: '($ c:: 'is c:: c:: 'is C::..Ci ð ð .!!I 0:> 0:>" o~"::s ,:¡,:¡'tI u? u? U U? U U) UU. !>/)!>/)' -öl) ~~~ . ~ . ~ õo 'r¡; e º º CIi ..... ~ '" .......... Q 0 .:¡.~ . œ:I: QQ,.. , I I .. .. .. . PROJECT BACKGROUND AND PREMISE On March 27, 1992, a project meeting was held at the City of Delray Beach to finalize the preliminary design for the "In-Line Booster Master Pump Station and Transmission System Improvements" project. During this meeting, the City provided to PEC a copy of the preliminary "Wastewater Transmission System Master Plan" prepared by Hazen & Sawyer, P.C., dated March 1992. Based on the recommendations of this master plan, Lift Stations No. 1, 4, 5, 11 and 18 are required to be upgraded immediately in order to operate at design conditions in conjunction with the proposed in-line booster station. The master plan recommends that the existing pumps at these stations be replaced, and that a new lift station be constructed to replace the existing Lift Station No. 18. The City requested that PEC provide a proposal for the design of these lift station improvements as listed in Table 2055A and as described as follows: · Replace the existing vertical centrifugal pumps at Lift Stations No.4, 5, and 11 with submersible pumps installed in the existing dry pits. Submersible pumps will eliminate the maintenance problems associated with the existing line shafts between the pumps and motors and will provide a flood proof operation. · Replace the existing vertical centrifugal pumps at Lift Station No.1. Due to the larger size of these pumps (100 hp), three (3) alternative pump installations will be evaluated to determine the most feasible alternative from a cost and operational standpoint. The three (3) alternatives are as follows: 1. Submersible pumps installed in the existing dry pit. 2. Vertical centrifugal pumps with close-coupled motors installed below in the dry pit with building modifications to flood-proof the dry pit. 3. Vertical centrifugal pumps with line shafts and motors installed on the existing top slab at grade, similar to the existing installation. · Replace existing discharge piping and valves at Lift Stations No.1, 4, 5, 11 and 18. · Replace existing pump controls and electrical panels at Lift Stations No.1, 4, 5, 11 and 18. · Relocate existing 250 KW generator at Master Pump Station to Lift Station No. 1. Generator will be installed outside the building with a walk-in acoustical enclosure, and hospital grade muffler. " · Make provisions for receptacles for portable generator connections at Lift Stations No.4, 5, 11 and 18. · Remove existing Lift Station No. 18 located in the middle of Andrews Avenue and construct a new submersible lift station to the east of Andrews A venue near the tennis courts (pending acquisition of easement by the City), New lift station shall be submersible triplex pump station with slide rail assembly, · Upgrade hoist support beams (if required) in Lift Stations No.1, 4 and 11 to provide capability to lift larger proposed pumps. · Abandon the small grinder pump station which serves a large residential home north of Veteran's Park and reroute the sewer lateral from this home into the proposed Lift Station l00A (see attached sketch). · Contract documents prepared for this work will be incorporated into the bidding documents for the "In-Line Booster Master Pump Station and Transmission System Improvements" project. It is expressly understood that the City of Delray Beach will provide system hydraulic data (flow vs. TDH) prepared by Hazen & Sawyer, P.C. for the development of system head curves for Lift Stations No.1, 4, 5, 11 and 18 based on the transmission system improvements recommended in the master plan. Also included in this authorization is the preparation of a preliminary engineering report to be submitted with the permit application to Palm Beach County HRS (FDER). The Department has requested the engineering report because the in-line sewage booster station is not a standard facility and there are no regulations specifically related to this type of facility. -2- P-2055 ,I 7 .-I « ~ (/) « 0 u « a:::: ~ z " .,., < "'." ~ C"I &: ~.,.,.,.,::: GO Q. ".. "- > .........,ë - - , i' II> _ .......'...' 1··...............1.......<·......··........ ..dil> / . >/ ~ C"I- / ~.i ........> ¡.. ."... d, ,>. ....".....¡ i <>." }d} ~ GO _ C"\ \D . .......... ! / .,..,.,....' ..,...·.'d.. i! 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N" .-. 6' r:;:-.: .. > . o. ~ t:.. i.... >- ~ _ _ ~ _ _ . ... ........ .... .. ~ = = Iii· ~ I···<i > >':> >:>:> ........... ...... .. I'·· I· ..... ·········1 .>< .............. . ... " PROFESSIONAL ENGINEERING CONSULTANTS, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION No,S DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE PROJECT NO.: CITY OF DELRA Y BEACH PEC DB-()4 TITLE: IN-LINE BOOSTER MASTER P.S,: MANIFOLD LIFf STATION IMPROVEMENTS DESIGN AND CONSTRUCTION PHASE SERVICES This service authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, Dated December 4, 1991, by and between the City of Delray Beach and PEC. I. PROJECT DESCRIPfION The objective of this assignment is to provide construction plans and specifications for lift station improvements which are required for the conversion from the present master re-pump system to the in-line booster manifold system presently under final design. This scope of work was not initially included in PEC's original authorization dated March 26, 1992 as the specific improvements for each station had not yet been developed by Hazen & Sawyer, P.C. It is now timely that these improvements are to be incorporated into the contract documents for the "In-Line Booster Master Pump Station" project. More specifically, these improvements are described as follows: · Replace existing pumps at Lift Stations No.4, 5, and 11 with dry submersible pumps. · Replace existing pumps at Lift Station No.1. Evaluate (3) alternative pump installations to determine the most feasible alternative from a cost and operational standpoint as follows: 1. Dry submersible pumps installed in the existing dry pit. 2. Vertical centrifugal pumps with close-coupled motors installed below in the dry pit with building modifications to flood-proof the dry pit. 3. Vertical centrifugal pumps with line shafts and motors installed on the existing top slab at grade, similar to the existing installation. · Replace existing discharge piping and valves at Lift Stations No.1, 4, 5, 11 and 18. · Replace existing pump controls and electrical panels at Lift Stations No.1, 4, 5, 11 and 18. · Relocate existing 250 KW generator at Master Pump Station to Lift Station No.1. Generator will be installed outside the building with a walk-in acoustical enclosure, and hospital grade muffler. · Make provisions for receptacles for portable generator connections at Lift Stations No.4, 5, 11 and 18. · Remove existing Lift Station No. 18 located in the middle of Andrews Avenue and construct a new triplex submersible lift station to the east of Andrews Avenue near the tennis courts. (pending acquisition of easement by the City). - 1 - ., CONSULTING SERVICE AUTHORIZATION No. 5 Continued . Upgrade hoist support beams (if required) in Lift Stations No.1, 4 and 11 to provide capability to lift larger proposed pumps. . Abandon the small grinder pump station which serves a large residential home north of Veteran's Park and reroute the sewer lateral from this home into the proposed Lift Station l00A. Contract documents prepared for this work will be incorporated into the bidding documents for the "In-Line Booster Master Pump Station and Transmission System Improvements" project. It is expressly understood that the City of Delray Beach will provide system hydraulic data (flow vs. TDH) prepared by Hazen & Sawyer, P.C. for the development of system head curves for Lift Stations No.1, 4, 5, 11 and 18 based on the transmission system improvements recommended in the master plan. II, SCOPE OF SERVICES Provide the design and construction plans. specifications and related bidding documents for the construction of the immediate improvements for Lift Stations No.1, 5, 11 and 18 and Lift Station No.4. The development of this assignment consists of three (3) phases as provided in our Agreement for Engineering Services dated December 4. 1991 and generally described as follows (phase 1 and IV are provided under previous authorizations). ~ IIA Preliminary DesilD Phase: Evaluation of existing conditions, establish design criteria, coordination of geotechnical investigation and surveying, preparation of preliminary design drawings, specifications and construction cost estimates. lIB Preliminary Eneineerine Report: Prepare preliminary engineering report, including preliminary cost estimate and preliminary drawings, for submittal to FDER (palm Beach County HRS) with the permit application. The preliminary engineering report has been requested by the Department because the in-line sewage booster station is not a standard facility and there are no regulations specifically related to this type of facility . III Final Desien Phase: Preparation of Contract Drawings, specifications and final cost estimate, preparation and submittal of FDER permit application, 30%, 60% and 90% completion level reviews with City Staff and Valve Engineering consultant to the City of Delray Beach. V Construction Phase: Periodic site observation, review shop drawings, attend monthly progress meeting, prepare change orders, review pay requests, and close out. Detailed Scope of Services is included in Attachment II A". III, BUDGET The following services shall be paid on the basis of the following methods in accordance with the Contract Agreement, the total not to exceed $74,494 without further authorization from the City: ~ Activity Basis of Payment Budeet IIA Preliminary Design Phase Lump Sum $ 9,260 IIB Preliminary Engineering Report Lump Sum 4,035 III Final Design Phase Lump Sum 48,216 V Construction Phase HourI y Time Charges 12.983 Budget Total $ 74.494 Detailed Manhour and Budgets are included in Attachment "B". - 2 - .. CONSULTING SERVICE AunIORIZATION No.5 Continued The Consultant shall be reimbursed for additional services not included in the above basic fees, such as but not limited to: special permitting, additional printing, property surveys, and resident services during construction, not to exceed an amount of Five Thousand Dollars ($5,000). These additional services shall be approved by the City, in writing, on an item per item basis. IV, COMPLETION DATE The preliminary design activity shall be completed within 45 calendar days from Notice to Proceed and the overall design shall be completed within the original completion schedule for the In-Line Booster Pump Station dated December 19, 1991 or 100 calendar days from receipt of City provided information which will enable PEC to proceed with this Scope of Work. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. APPROVED BY THE CITY OF PROFESSIONAL ENGINEERING DELRA Y BEACH CONSULTANTS, INC. - DAY OF . 1992 BY: Tom R. Kelley. P .E. Type or Print Date: (SEAL) CITY OF DELRA Y BEACH, a municipal corporation of the STATE OF FLORIDA A TIEST: BY: MAYOR BEFORE ME, the foregoing instrument, this day of , 1992 was acknowledged by Tom R. Kelley. P.E. , A nEST: , a duly authorized officer of Professional En~ineerini Consultants. Inc. BY: on behalf of the Corporation and said person executed the same free and voluntarily for the purpose therein expressed. APPROVED AS TO FORM: BY: WITNESS my hand and seal in the County and City Attorney State aforesaid this _ day of , 1992. Notary Public State of Florida My Commission Expires: - 3 - '. 04/13/92 07:35 2: 407 ";41 8538 ¡'~i'\I-W P"h, 8..."çh (1'2 . RMI . {I~III'I(¡I "·1 ,\ '" .\ l. ~ 1 I r. I [ r-.. I I U N .\ I J I '" ,\ I , I N \ . April 10, 1992 Arthur R. Austin, P.K Professional Engineering Conaultnnta, Inc. EoIa Park Center 200 E. Robinson Street. Suite 1560 Orlando, FL 32801 SUBJECT: City o[ Dclray Beach Lift Stations No.'s 1. 4, 5. 11 and 18 RMl# 98000-33 Pear Art: Pursu¡,nt. to your request., Rësoul'ce Management Internat.ìonal, Inc. (RMI) is pleased to submit a proposal [or the electrical engineering and construction services associated with the subject project.. Our proposal reflects the design and construction phase work eITon. The manhour breakdown by task and personnel for each lift stat.ion is as follows: DESIGN PHA'3E LIFT STATION No.1 ~J\¡fineer £A!L0p@rntor ClE!rioal 1. Verify As-Duilt Drawings and Field Conditions 4 ....... .... 2. Elecbical Demolition Plan 2 2 ..-- 3. E-2 Existing and New Single-Line Diagram, ContI'o} Schematics, MCC Layout 12 J6 -... 4. E-3 Power Plan & Electrical Details 8 8 ..-. 5. E-4 Generator Rcloc~Üion Plan IG 8 .-.. G. Negotiation for New Service with FPL 4 ....-. ...- 7. Investigation of existing Engine/Generat.or 4 -..-- ...- 8. Specification Soction as Hcquircd 2 -.-. I 9. Cost Estimate . 2 --.. .... ---- ---- ---- 54 34 1 ~ì:',1 Sc'I'llll'¡"'l.IU'·," "\' ':~\'I. ~'l'''1 1-,\ ,W'~I I',\I.M ~r.AÇ", i"L .:rHO/> . !,!(7)y"H..\!\\IÛ ·1'" \,1H7) "41·1\~)~ ~ ,. " . r ,.. \. , . ,. '1 I' L:...., ,. ,." ""10 \ ( ., . 14th' ~r;"'\."on ., 04/13/';'2 07; 35 z: 4~)( 641 8538 RI'II-W P.II', E;...,~h 03 . Arthur R. Austin, P.E. April 10, 1992 Page 2 DES1GN PHASE (Continued. . .) LIFT ªTATION NQ. 4 CAD 0J.>0ntor Clerical Engjnfl~r 1. Verify As-Built Drawings and Field Conditions 3 .... -... 2. Electrical Demolition Plan 2 2 -_.. - - 3. E·2 Existing and New Single-Line Diagram, Control Schemat.ics, MCC I....'\Yout 8 8 ---- 4. E·3 Power Plan & Electrical Details 6 6 -.-. 5. Negotiation for New Service with :¡"PL 2 ---- -.-. 6. Specification Section as Required 2 ---.. 1 7. Cost Estimate 2 --..- -.-. ---- ---- ---- 25 16 1 LIFT STATION No.5 ~.!!IdE~ CAO Operator Clerical 1, Verify As-Built Drawings and Field ConditioIls 3 --.- ..... 2. Electrical Demolition Plan 2 2 --... 3. E·2 Existing and New Single-Line Diagram, Control Schematics, MCC LaYO\lt 8 8 ..... 4. E·3 Power" Plan & Electrical DetaiJs 6 6 ---- 5. Negotiation for New Service with FPL 2 ...- ---- 6. Specification Section as Required 2 -....... 1 7. Cost Rstimat.e 2 ..-..... .... ---- ---- ---- 25 16 1 , RMI I, I " .. I II f I ~", '. ." I. ~ \! I ' I Ü4/13/'~¡ 0/;36 ~ 41j / 0:;.41 ::;:5.3::; ~:I'I! - ~I f' ~ h. E:..~,~h (14 . Arthur R. Austin, P.E. Apri110, 1992 Page 3 LU'T STATION No. 11 En';neer CAn Operl'tol' Clerical 1. Verify As-Built Drawings and Field Conditions 4 .... .-.. 2. Electrical Demolition Plan 2 2 ..... 3. E-2 Existing and New Single-Line Diagram, Control Schematics, MCC Layout 16 16 .-.- 4. E-3 Power Plan & Electrical Details 6 8 -... 5. Negotiation for New Service wit.h ~'PL 2 ....... ..... 6. Specification Section as Required 2 ---- 1 7. Cost Estimate 2 ..... .... ---- ==~= ---- 34 26 1 LIFT STATION No. 18 En~inf'('IT CAD Ooørlltor Clerical 1. E-1 Single-Line Diagram, Control Schematic, MCC Layout 8 8 .-.. 2. E-2 Site Plnn & Power Plan 4 4 ...... 3. Negotiation for Núw Service with ¡"PL 2 -... .-.. 4. Specification Section 1 -.-.. 1 5. Cost Estimate 1 ...--. -.,.. ...--- ---- ---- 16 12 1 Our proposed lump 8um fees for the lift, stalion'~ electrical designs !:irC as follows: 1. LIFT S'l'ATION NO.1 $6,290.00 . 2. Ll¡'''l' STATION NO.4 $2,944.00 3. LIFT STATION NO.5 $2,944.00 . 4. LIFT STATION NO. 11 $4,234.00 5. LIFT STATION NO. 18 ItM'fO I~ I . .' I I·. I I ~t,...',. I ',I I " I " 04/13/92 07:37 ~ 407 64 I 8538 RI'Il-W P.II') B'Ô'.!I,~h 05 . . Arthur R. Austin, P.E. April 10, 1992 Page 4 CONSTRUCTION SERVICES Lift Station No.1 4 hrs. Field Inspection 4 hra. Final Inapection 8 hrs. Shop Drawing Review $1,600.00 Lift Station No.4 4 hrs. Pield Inspection 4 hI's. ¡'''inal Inspection 4 hI's. Shop Drawing Review $1,200.00 Lift Station No.5 4 hI's. Field Inspection 4. hI's. Final Inspection 4 hI's. Shop Drawing Review $1,200.00 Lift Station No. 11 4 hra. Field Inspect.ion 4 hI's. Final Inf>pection 8 hrs. Shop Drawing Review $l,öOO.OO New Lift St.ation No. 18 4. hI's. Field Inr,pP.ction 4 hrB. Final Inspection 8 hI's. Shop Drawing Review $1,400.00 Our proposal has been based on the following: Lift Station No. 1 will be designed with lhé emørgency power provided by the relocation of an existing 2úOKW generator from the Master Pump Station. Lift. Station No.'s 4 , 5, 11, and 18 will be designed wit.h plug·in connection for a portable generator owned by thé City. RMI ( I .. I' I I~ I f \ 1 \ \. \ I I -., I &, I 04/13/92 07:37 ~ -10;' t.-II 8533 Rll1-1, P.,I", B..a.;h 06 Arthur R. Austin, P,E. . April 10, 1992 Page 5 All draíting will be provided on AUTO-CAD with sile p)ans and building footprints provided by PBC. As·built drawings will be provided by the City and verified by RMI. RMIwill contact Florida Power and Light for the required changes of th(1 power supplies. Design of instrumentation is not included in our fee proposal. Please contact me if you have any questions concerning this proposal or our understancling of the scope of work required. Sinc(~rely, ~ L Charles Deri . . RMI It I "I I:, I 1\1 \ ,'.. \. 1'11' I 'I í II 0 011 I structural W~kiva Business Center \ '\ SUite 120. 1428 East Semoran Blvd. I .I D D technologies inc Apopka. Florida 32703 . 407-889-9660 407-889-9235 FAX CON 5 U l TIN G EN GIN E E R 5 Project No. 91-168 April 10, 1992 --~ \'. ..-."...,---~---'. \ : ._ .-.' . - , ': <-; Î Mr. Michael J. Waresak ' . '. ~, . ' h· !, Project Engineer\ :, = ',: ~~. \ Professional ~ngineering Con.sultants, Inc. , d, ~,.... ""-", ("--'.":-':::1) j 200 East Robmson Street, SUite 1560¡, ' :.__..:._ ..:_·_....~~.--74 Orlando, Florida 32801 :~ ' '::.', ' .~ ,_-5~~~'...\ I , \ ,,':' ':'. -"~~:.-::~-:"':. \ Budget Request for Additional ' ..-.,.' \~-~_~~~-==~~, j Structural Engineering Services , .----~~'~ ~_,~~._---_.\~,\ City of Delray Beach :. \ In-Line Master Pump Station \ ~ ~_~_I Delray Beach, Florida ' ' . -~ Dear Mr. Waresak, Pursuant to our recent telephone conversation, it is our understanding that the scope of services for this project is to be expanded to include the design of a 6 or 8 foot in diameter precast pump station with a water vault. The task will also include the evaluation of the structural integrity of a monorail system at several existing pump stations. Field evaluation of the monorail systems will be performed by Professional Engineering Consultants, Inc. (PEC). We propose to undertake this additional work on a lump sum basis for a fixed price of $900. We are prepared to begin work on the project immediately upon your notice to proceed. We appreciate the opportunity to submit this proposal to PEC. Please do not hesitate to call if you have any questions, or need further information. Very truly yours, STRUcrURAL TECHNOLOGIES, INC. . I ("0 1ø1a-(SÍl¿f.1 . BilP!gri,l. P.E. President . · STRUCTURAL ENGINEERING · ENGINEERING MECHANICS . Henry Heller, P,E.. P,LS. ~. ~ Reply 10: John D. Weaver, PLS, - - 0 Coral Gate Prolessional Plaza Donald L Cate. P,LS. 5667 Coral Gate Boutevard wa La F' h PLS Margale. FL 33063-1531 yne rry IS" , Steven D. Vaughn. P.E.. P,LS, f305) 979-0550 - Broward (305) 940-7800 - Dade (407) 732-2588 - Palm Beach Paul E. Lingerfeldt, P.E. (TX) H I W d C R 'S¡,C I (305)968-7671 - Fax DlrectorofConstruclion e ler· eaver an a, Inl"; I v E D D ~ Poinciana Professional Plaza Engineers '" Surveyors ... PI nne&,·.l 31332 3918 Via Poinciana. Suite 10 . ~ .r:!-~ ,.'- ......., II.!U , Lake Worth. FL 33467-1482 AprJ.l 9, 1992.:)0 (407)968-4110-PalmBeach I ("JÑ (305) 764-7622· Broward Mr. Mike Warsack !t! ,..:J. ,(407\641-8885.Fax Professional Engineering Consultants, Inc. ¡ , '.I.~~r :J: ,;- 200 E. Robinson Street ~-. ..,~_,O. Suite 1560 t ,.4,.(,1 Orlando, Florida 32801 r-·..·-- ,'; ""'- f··_··· ,. . ,.. . ¡ ,"'1'"'-"---- RE: City of Delray Beach 1_-, ~ _.,t_J .J..: Lift Station Site No. 10 Z~;~;;':I. ',\,..' Dear Mike: '..__._ Pursuant to our phone conversation today, our firm is pleased to offer Professional Land Surveying services to your firm on the above mentioned project, The following is a breakdown of our proposed services: 1. Perform boundary survey of proposed Lift Station Site including preparation of legal description and sketch. 2. Provide meets and bounds description of property with reference to legal description. 3. Verify location and ownership of site and adjacent properties. 4. Stake proposed site acquisition for appraisal purposes (by others). 5. Provide bench run and establish one (1) project bench mark within the site boundary using local NGVD datum; set bench mark at or near the right-of- way line using a railroad spike in a power pole or tree; provide written description of bench mark location with elevation data. 6. Tree location - locate all trees, greater than twelve (12) inch basal diameter, within the site; identify tree type and size (basal diameter). 7. Perform topographic survey of site for one (1) foot contours at a maximum 25 ft, x 25 ft. grid. Survey shall include location of all visible utilities, culverts, driveways, walls, structures and other improvements; reduce notes and prepare topographic map at 1" = 20' scale showing contours, and tree and improvement locations. Item Numbers 1 through 7 above will be provided for a Lump Sum Fee of Two Thousand Five Hundred Dollars ($2,500.00). Should or require anything further on our part, please call, /J IHC. DLC/sl FILE: CATO/wARSACK.409 " r'. '-..;.1";;: FEDERAL . ENGINEERING & TESTiNG .H 1 1 ...._ CUHr'UHA' t: Of-FleE '790 Agora Clf<: rJ ~: S 1300 N.W. 33rd Street í)1"" i! 5 Pompano Beach, FL 33064 Palm Bay. FL :)~gOl:J (305) 975-2944 (407) 728·-9091) April 8, 1992 Attn: Mr. Mike Waxsa.k Professional Eogineering Consultants, I:nc. 200 E. Robinson StJ:'eet Suite 1560 O)~lando , FL 3280'1 nE: rnOrOSAL FOR SUBSOIL INVESTIG^TION Lift stat.ion No. 18 Improvement.s Delray Beach, FL ,IJea.r l>1r. Warsak: pur:;uânt to your request., Federal Engineering ''!< TestinÇJ is pleased to submit this proposal fo:r a subsoil investigation at the above referenced site. The purpose of our study "¡ill be to evaluate the subsoil cond1tions found at the subject site. A total of two ( 2) auger borings c1o\'ln to t \'l(?o. ty ( 20) feet be 10lrl existing ground surface will be performed. 2-20' AUY~L' BUL lu'J~ e $G.ooj£t ---------------- $ 240.00 Data Analy£ie & Report Preparation ----------~~ 125.00 'rotal $ 365.00 Federal Engineering & 'l'es ting appreciates the opportunity to bt'J of service to you on this phase of y 0\,11- px'oj ect. If you have any questions or need additional i nfortnQ.'tion, please give us a CL1.11. ï?;;tJ ¿~ Keith LeBlanc Federal Engineering & Testing . " . M E M 0 R A N D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'P) SUBJECT: AGENDA ITEM II c¡ )( - MEETING OF APRIL 28, 1992 APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION DATE: April 22, 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 Herbert Freese (Mr. Freese requested his application be submitted on April 21, 1992 ) 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. The next PERC hearing is scheduled for May 7, 1992. Pursuant to Commission direction, a check 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. agen.txt '. .. .. , CITY OF DELRAY BEACH W· t ~/qI - ~- BOARD MEMBER APPLICATION .. NAME M ¡tJllïí,J ¡: RoSl 13'170 A JJ€S1íAlS lJjqy ~ /)él..RI4 y p:';;ACI-I. ~¿. 334-&>+ HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE) - PRINCIPAL BUSINESS ADDRESS (Street. City. Zip Code) HOME PHONE (401) 49 ID - 0094- BUSINESS PHONE - ON WHAT BOARDS ARE YOU INTERESTED IN SERVING PcJðLIC ~øOlDYt:cS ~L47íoAJS c.bMMISSIO'v LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR RAVE PREVIOUSLY SERVED (Please include dates) ?~.R.e. .- AP~/lJï1;ð TAN, ,q1?fJ C.J.lAIÆMAAJ . 4fJRIL ¡C¡QO , EDUCATIONAL QUALIFICATIONS M,a.A. 1M A~(!DUAJ7ÍN@ LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD - GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITlO~~E;) jtJAJE Iq~~ A<3 ~-::!í.~A~ tit {'OAr ~()Ir:Ù¥SS,~¡JI1)¡:A~ ~A1ì\ ~li..JG1} tUJi'K'tJ!S l..>A)IO J L -C/O DESCRIBE·EXPERIENCES. SKILLS OR KNOWLEDGE ~æICH QUALIFY YOU TO SERVE ON THIS BOARD ~~ 4('17-JC~n ~S'uM& - PLÙS 4- y~~S of: ¡;X~~/Ð.K¿ iTS M€Ñíd~~ AARJ ~1-I.4'~ r¡¿¡; <3:JMAAI SSl tJ,V. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. v~Jkvr a2/oIQ~~ SIGNATURE OATE / ., 4/90 'I , . . - .. ).( .4~1í¡<) ,c I< /)$/ - .--- - - /3r1tJ,4 ,tlG"S J7AJ~ w4 y - 7J€.l!!!'IZAy í3€IiCH~ FL., 3~3'" ~$u~€ S<JßM fIle/) If.S or: cJ. ~o 19 ~ I. 7/ Y~AAS o~ ,4(;,E .R. íØa.A. Û~éE /.<JACCOOAJ7i,.)fT P,<bll( ~~/7Y c.b,-,-EG:é , t>F-r~ aìu..:C£ e;¡: ~ C/'fC/ 01= A}G'W Yó~~ ~ 3.~I?G'ù ::fcJA)Ç' 19r?~ !l~~ Je ~ Wf11-f Vf£.:nJ~- ¡JA-77oJ.l41- LAD/[s ~MéAJT /.,iJi)4kEl(S tJA),oAl _ 4¡:/,,-clo.J ,4S :5€Cf?ETAR.Y-7K~,#f.stJIlE~ O~ 7T-f£ #é=W ~_ C/;)AT; SVtï; vlZ~ss.. ¡:(4IAJtIJÐI,e If,Vð ~UlE'!J WEJæ¡¿~__(')AJJI1AJ (APPRox. /7, QOo M ~AI~c: ~~) IhJD 7T-/t;7)R6S5-~4k€2. ~ ::I'o/¡JT (bVæJL (1T¡J¡;Rf,)~ 3S:0c0 HGNI8é~S /,v "WG" S8I€"" Nt) R7i+t:.457éj{1Al S?¿,ns) +. "1<j;,¡~a 4S 4 '-T -OOl..ONE"t... p;.¡=~ 1i,¿J,ð,~0x'//¥4~Y ,3D Yi:4£S ()t:' 11c7í t/G" ~AJò !<~Sé'Rv€- SIÇ~V/~¡;- WI TH TTf€ US. 4£tt4 1- ..r. 1'14STIi'R._ QI: i14-.so.JIC!. I.~¡;(;€ IAl 19'.r'~. ", J/47ioAJAL ð04~ MEÅlaE'~ R?~ M.4AJY yÆ;4~s 0;:= 4IV£l<æ4,J ~AAJS a::>,,(.{MI7fEE ¡:; A.J47íóAJAL o£~, .J -~f)AI2~~ 1# ú)II-SÞf/AJ~AJ. z>.c, 1· Mot/Ei)_ 7(fi' íJaAAY Ö~/I.CJ.I /tV oeToÆ€"1fé!. IC¡~ ~L.-1;k!$Jj)€~T oP Cb,4J'VO,4(/A.J/tJ.A1~ tI/GH H:;;/Jí o~ ¡)ci'J0¡,; se::tío,J IlL tV€S¡ (3ð'¥ ()~as) Fo.i. 'YEA¿S 9. P~'iJt;)JIDF I"t..GuJÚ- K6'fí¿Ere.!.v!ß-¥/O - Mü~Ç Ti4t4rJ IQO ME"A-i8€;ð ?t;~tD/¡J Ii IAJ ~AY /9.AJÙ 89ýAJ7ó.,J ""B&K.t.{. ".-re¡.. Ý€A-L A5 QRl:Sti)BJT JD MGttí3£~ or 7>B..RAY "GI1CJ-I ),(/A)/'" ¡:t:,4e S/-U::E" .. 5'~¡;/2.' 19ÆXl -4vi) C/-I¡t¡¡;efi//f...} St~? 4¡?¡2Jt.. /990.. ,I M E M 0 R A N D U M TO: MAYOR AND CITY COMMISSIONERS r ~/ FROM: CITY MANAGER / / SUBJECT: AGENDA ITEM q 0- MEETING OF APRIL 28, 1992 APPOINTMENT OF A CHAIRPERSON FOR THE PUBLIC EMPLOYEES RELATIONS COMMISSION DATE: APRIL 22, 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. chrm.txt fl0. 1/1~ ~ ~ 5-0 - '. I -, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER /1;/ SUBJECT: AGENDA ITEM # qp - MEETING OF APRIL 28, 1992 APPOINTMENTS TO KIDS AND COPS COMMITTEE DATE: April 24, 1992 This item is before you to ratify the appointments of members to the Kids and Cops Committee to terms ending April 22, 1994. The following members have applied for appointment: Agartha Gragg - Pine Grove Elementary Larry Kramer - S.D. Spady Elementary Barbara Brown - Banyan Creek Elementary Yvonne Odom - Carver Community Middle School Curt Lavarello - Atlantic High School Ivan Retzignac - Atlantic High School Student Council Clyde Harris - Plumosa Elementary Reverend Leonard Johnson - Ministerial Perry DonFrancisco - Citizen-at-Large Mr. Joe Valentino, who previously served as a Citizen-at-Large, has indicated that he will be unable to serve an additional term. Mr. Dan Burns has expressed an interest in serving in this position. We anticipate obtaining a written application from him¡ which will be provided to the Commission prior to the April 28th meeting. Additionally, Pete Pitochelli, Fraternal Order of Police has resigned. We have received an application from Officer Jeffrey Miller for this position. Recommend ratification of appointment of nine members to the Kids and Cops Committee to a term ending April 22, 1994¡ appointment of Dan Burns to the Citizen-at-Large position to a term ending April 22, 1994¡ and, appointment of Officer Jeffrey Miller to the unexpired term of Pete Pitochelli ending April 22, 1993. ~ QA; - .. CITY OF OELAA' BEA[H .J ..~. . MEMORANDUM TO: Mayor and City Commission FROM: John W. Elliott, Jr., Assistant City Manager/Support serVices~ DATE: April 21, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - APRIL 28, 1992 - APPOINTMENT TO KIDS AND COPS COMMITTEE The City Commission is requested to appointment the following members to the Kids and Cops Committee, for a two year term ending April 22, 1994. These member have completed one term on this Committee, The following are eligible for and are interested in reappointment: Agartha Gragg - Pine Grove Larry Kramer - S,D, Spady Barbara Brown - Banyan Creek Yvonne Odom - Carver Curt Lavarello - Atlantic High Ivan Retzignac - Atlantic Student Council Clyde Harris - Plumosa Reverend Leonard Johnson - Ministerial Perry DonFrancisco - Citizen at Large There are two member positions open at this time, (1) Mr, Joe Valentino, serving as Citizen at Large, has informed us that he will be unable to serve and (2) Officer Pete Pitochelli, Fraternal Order of Police representative, will be unable to complete the remaining one year of his term. Officer Jeffrey Miller, who has been instrumental in spearheading several activities related to the Kids and Cops program, has expressed interest in serving on this Committee. I am attaching Officer Miller's application for your consideration to fill the unexpired term held by Officer Pitochelli. Mr. Dan Burns, who is very interested in working with the youths of our community, has expressed interest in serving on this Committee. His application is attached. Recommendation: It is recommended that Commission reappoint those listed above for a two year term, ending April 22, 1994. It is also recommended that Mr. Dan Burns be appointed in the Citizen-at-large position, replacing Joe Valentino, and Officer Miller fill the unexpired term of Officer Pitochelli, ending April 22, 1993. JWE:sk - attachments TH¡:: E;:::::A~' ,6.,,_ - !V\ c^ ~ 'I ^ . - CITY OF DEL RAY BEACH ~ BOARD MEMBER APPLICATION NAME Jeffrey A, Miller HOME ADDRESS (Street, Cicy, Zip Code) (LEGAL RESIDENCE) 300 West Atl~ntic Avenue, Delray Beach, FL 33444-3695 PRINCIPAL BUSINESS ADDRESS (Street" City, Zip Code) , HOME PHONE BUSINESS PHONE (407) 243-7849 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Kids & Cops 'LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None . I ~ . , EDUCATIONAL QUALIFICATIONS Broward·'pol ice Academy, Wayne County Community College and Henry Ford Community College. -- LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Police certification GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION Delray Beach .. Police Department/Com~unity Policing Unit DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD Christmas toy drive which I started a working relationship with children. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT .OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. April 3 , 1992 DATE 4/90 " " CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME Daniel F. Burns 1036 Bucida Road, Delray Beach, FL 33483 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) 2200 South Federal Highway, Delray Beach, FL 33483 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE Unlisted BUSINESS PHONE 278-7351 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Kids and Cops LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS High School Graduate LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD None GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION President, Dan Burns Oldsmobile DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD I love kids PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. --1Jthz ~ é 4/22/92 SIGNATURE DATE 4/90 '! '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER Cf~ SUBJECT: AGENDA ITEM :II: - MEETING OF APRIL 28, 1992 SERVICE AUTHORIZATION NO. 6/CURRIE SCHNEIDER AND ASSOCIATES DATE: April 24, 1992 This is a service authorization in the amount of $2,145 to the contract with Currie Schneider and Associates for additional architectural services to relocate fire hydrants and water mains in conjunction with the Fire Station No. 1 project. The scope of service for this authorization includes revision of water distribution lines as shown on mark-up drawing submitted by staff; revision of watermain tap location on Atlantic Avenue; relocation of fire hydrant line on north side of building; modification of landscaping and irrigation; and attendant meetings. Staff attempted to negotiate to get Currie Schneider to reduce their budget by $1,620. However, met with negative results. Recommend consideration of Service authorization No. 6 in the amount of $2,145 to the contract with Currie Schneider and Associates for additional architectural services to relocate fire hydrants and water mains in conjunction with the Fire Station No. 1 project. rrJo71on -10 Ik¡EflDR (b/)7£/i-(!:/ ;:=o¿ íEbrJ I í) lì--77()1J - (put -10 -5 IS' SpEß¡/16) S-o .. ,I Agenda Item No,: AGENDA REQUEST Date: April 24. 1992 Request to be placed on: XX Regular Agenda special Agenda Workshop Agenda When: April 28, 1992 Description of item (who, what, where, how much): Staff requests City Commission to approve Service Authorization No.6 to Currie Schneider Associates for Fire Station No.1. Services due to design changes including the relocation of fire hydrants and water mains, inititated by the City. The total amount of these services is $2145.00 (lump sum fee). FundinQ source will be 225-2311-522-61.56. ORDINANCE/RESOLUTION REQUIRED: t~/NO DRAFT ATTACHED YEa/NO Recommendation: Staff recommends City Commission to approve Service Authorization No, 6 for desiQn changes to Fire Station No.6 initiated by the City. Department Head Signature: \~(L 4!~119-z.- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) , Budget Director Review (~ed on all items involving expenditure of funds): Funding available: ES 0 Funding alternatives (if applicable) Account No. & Description 7_Z.C-1.:~II-.s'2:].·.(ol-s:fo to.8. æNí~(¿ 'f/f<G STATIOr-J Account Balance"1P2.,(()~.17 I City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved .. 'I . / rl ét. 'L &,{ê-;--.-- MEMORANDUM ,JJt '1oCY' TO: David T. Harden t7~ City Manager (~ FROM: Rob Taylor Asst. City Engineer SUBJECT: ADDITIONAL SERVICES - FIRE STATION NO. 1 DATE: April 24, 1992 Attached is an agenda request as well as a copy of Service Authorization No. 6 by Currie Schneider Associates. They did not feel that they should lower the budget by $1620 as I had previously indicated to you, Please place this service authorization on the agenda if you feel it is appropriate. RT:smm ATTS: File: Memos to City Manager RHSVC6,DOC 'f " . ' CllY OF DELRA Y BEACH CONSULTING SERVICE AUTHORIZATION DATE: April 1, 1992 SERVICE AUTHORIZATION NO.6 FOR CONSULTING SERVICES CllY P.O. NO. CllY EXPENSE CODE 225-2311-522-61.56 PROJECT NO. 91-58 (CllY) 90576.12 (CONSULTAND Currie Schneider Associates AlA, P A TITLE: ARCHITECTURAL SERVICES for DELRA Y BEACH FIRE HEADQUARTERS FACILITY. FIRE STATION NO, 1 PHASE III CONSTRUCTION DOCUMENTS PHASE PHASE IV BIDDING/NEGOTIATION PHASE I. PROJECT DESCRIPTION Preparation of drawings and specifications (contract documents) for the design and construction of Delray Beach Fire Station No. 1/Fire Station Headquarters Building, comprising approximately 29,550 SF, based upon the program as prepared by GEE & JENSON, dated June 4, 1990. The facility is to be located on the north side of Atlantic Avenue between Fifth and Sixth Avenues in Delray Beach, Florida. II. SCOPE OF SERVICES General revisions to the site work as further described below: 1. Revise water distribution lines as shown on mark-up drawing submitted by Bob Phillips Delray Beach Utility Department, to Brian LaMotte Shalloway Engineering at the meeting of March 9,1992. 2. Revise watermain tap location to Atlantic Avenue. 3. Relocate Fire Hydrant line on North side of building. 4. Landscaping and Irrigation revisions as required due to the above changes. 5. Required coordination of consultant work and meetings with the City by Architect. 'I 'I III. BUDGET Compensation shall be as follows and reimbursable expenses will be billed as necessary to provide the necessary services, and as per paragraph VII A 2a, 2b (1-6) for this service authorization. Civil Engineer Revise Plans 5 x $80 = $400 Co-ordination with Architect and City 3 x $80 = $240 Co-ordination with Landscape Architect 1 x $80 = $80 Drafting revisions 4 x $30 = $120 TOTAL $840 Landscape Architect Redesign 3 x $55 = $165 Drafting revisions 3 x $45 = $130 Co-ordination 2 x $55 = $110 TOTAL $405 Architect Meetings w/City 4 x $90 = $360 Co-ordination with Civil Engineer 2 x $90 = $180 Co-ordination with Landscape Architect 2 x $90 = $180 Project management re: revision 2 x $90 = $180 TOTAL $900 TOTAL $2145 IV. COMPLETION DATE The services shall be performed within 10 working days from receipt of notice to proceed from the City of Delray Beach, Florida. " " . This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services encompassed by the previous phase and/or service authorization. If the City in its sole discretion desires, the City may terminate the contract during any phase or at the completion of any phase without incurring any further liability. The Consultant may not commence work on any service authorization approved by the City to be included as part of the contract without a further Notice to Proceed. APPROVED BY THE CITY CONSULTANT OF DELRA Y BEACH BY:~~ DAY OF R bert G, Currie, AlA CITY OF DELRAY BEACH, a municipal corporation of the State of Florida Attest: By: BEFORE ME, the fOœ9 CITY MANAGER ins~~this day of 1..I 1992, was acknowledged by Attest: , on behalf of t e Corporation and By: said person executed the same free City Clerk and voluntarily for the purpose therein expressed. APPROVED AS TO FORM: Witness my hand and seal in the By: cœ and State a~nt~ this City Attorney day of I 1992. ~~ Notary Public ~. State of Florida ~ -Jf v ~ My Commission Expires: ".. IIofcIy PuWI... State of Fforicfø 576\svauth6.576 ., Commission &plres June 5, 1992 Bonded Thrill Tf'I"\' r-> !... . ." " /- ~ I .." , : ., '... [liY DF DElRAY BER[H ." CITY ATTORNEY'S OFFICE :!II!I NW hi AVHNlJB . m\l.ItAY ill~/\CII. ¡:I.IJI~II)A .I.I,I,I~ I'ACSI"'Il.Li .\lJ7127H·oI75S STATE OF Florida ; COUNTY OF Palm Beach "' '. .. . The foregoing instrument was acknowledged before me .:.. .~ . this 20th day of April , 1992 by q , . ... . Robert G. Currie (name of officer or agent, : , . .~ ;"; title of officer or agent), of Currie Schneide~ Associates AIA PA , . :.. . . (name of corporation 'acknowledging), !¡: . I't , , Florida (state place of . incorporation) '/. a or ¡ 1 , . corporation, on behalf of the corporation I HelShe is ;, ! , (personally known to me)(o~--ha.--~~-~~~~~~~~~~- '\ ,f ~ ~' ' " (type of identification) (as identification) and (did/cfi=cFïfo1...=r take an oath. ~ ;: \' , . , . , Signature of Person Tak' , . Acknowledgment , {J e( 2:l- M, .]g~ . f..£ , " ' Name of Acknowledger Ty , .' Printed or Stamped , , . - Notcny MIte; S.... ., PIerfdcr JIIr Commission bpir.s June 5, 1992 4!~!",,(I~ _".. TI.,., , - ~. h. . 1,·..\I~"1"Ir. 1nc. .' ,I ; 'I ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tJJr./f SUBJECT: AGENDA ITEM # lOA - MEETING OF APRIL 28. 1992 REOUEST FOR WAIVER OF THE SIGN CODE/AVALANCHE BAR DATE: April 24, 1992 S. from the Avalanche and Grill located We have received a request Bar at 1942 ..N":' Federal Highway for a waiver of the Sign Code to permit an additional free standing sign on their property. The applicant is requesting permission to erect a 28 square foot illuminated sign on top of an existing 3 1/2 foot wall. The LDRs limits the number of free-standing signs to one per dedicated street frontage, with a maximum sign cabinet size of 160 square feet for the first sign; and, if applicable, additional free-standing signs with a maximum cabinet area of 50 square feet. The property is eligible for one free-standing sign which already exists for LaPinata Restaurant. The Site Plan Review and Appearance Board at their March 18th meeting recommended approval of the sign with modifications to the color and with the requirement that a second coach lamp be affixed to the wall by a 4-3 vote. Recommend approval of the request for waiver of the Sign Code to permit an additional 28 square foot illuminated free-standing sign, on top of an existing 3 1/2 foot wall, for the Avalanche Bar and Grill subject to the conditions recommended by the Site Plan Review and Appearance Board. W~ ~ -5'-0 .. '. I . , Agenda I tern No.: AGENDA REQUEST Date: 4/22/92 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 4/28/92 Description of agenda item (who, what, where, how much): Sign waiver request for Avalanche Bar and Grill 1942 N Federal Highway ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Commission action Department Head Signature:~-~l ~A ~ Determination of Consistency w~th compreh~nsivø Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: I~ Approved for agenda: @/ NO Hold Until: v Agenda Coordinator Review: Received: Action: Approved/Disapproved ," .1 MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: REQUEST FOR WAIVER TO THE SIGN CODE SECTION 4.6.7(E) (7) AVALANCHE BAR AND GRILLE -- DATE: APRIL 22, 1992 ITEM BEFORE THE COMMISSION: - - Public Hearing and City Commission consideration of a waiver request for the number of free-standing signs allowed on a property pursuant to Section 4.6.7(E) (7) of the LDR's. BACKGROUND: Avalanche Bar & Grille, located at 1942 N. Federal Highway, is requesting a waiver to the above-referenced section of the sign code, which limits the number of free-standing signs to one per dedicated street frontage. The property is eligible for one (1) free standing sign which already exists for the LaPinata Restaurant, which occupies a portion of the same building. The owner of the Avalanche Bar and Grill is requesting permission to erect an additional free-standing which will be a 28 sq. ft, illuminated sign on top of an existing wall, placing the sign height at 5.6'. The Site Plan Review and Appearance Board (SPRAB) reviewed the proposed sign request at their regular meeting of March 18, 1992. The sign was approved with modifications to the color and the requirement to afix a second coach lamp to the wall by the board by a vote of 4 to 3. Therefore, the Board is in support of the waiver request and approval. RECOMMENDATION: We would recommend City Commission consideration of the waiver to Section 4.6.7(E)(7) of the sign code pursuant to the direction of SPRAB. A copy of the sign rendering and minutes of the board m~eting for the item are attached for your reference. LB:DQ Attachments D13 Avalanc.DH " 'I I , ...J ~ ') , ~ .... ) ~ - - ~ -~ @¡ \:=--:3 \ ) o~ ~ .11 ! ~ f~ ~ M A Q v ----J t ti~IC' .j ,. t~", ~j \ ~1J1 ~ fI,~~ ~ ~ ~ c..~ - (.. ~ ) "'~:J ~~~'" I.cI rL: . ... lit ,. .J fIii} ~ ... "' I '.... ~\ . ~--J \. ~: ~i: ~ ~~~~ .~). l ~... '" '\ (ê~ ~.. "I I V) . -J ~t. . ..,). oJ~ " .. ' '"'\I. - .... ,J.' ... .. I ~ { ."> \: ~ ...... I'\, ¿,~ ~. \ ~~·t ~I'~ ~_ ~ V \ ~ "'! ~). ....." ~I('~... .. ~ , ' V ~ ~ \'0",', .~ III ,,~ ¡ ~ oJ ~ '( ,~" .~ ~~ ' '" : ~ I- .., 'oj ~ ~ '\,). , ~ .. 'i) ... ~ '" ,,\I .,; ":\ _... \¡ ( " '" ~;: 'CI- \(" <1 '~ \,. ~ rJ "\ ( -'~ 'I ,,'" r' t ~ .. ,,~ ~ ~ ~ , .. ~ 0 , t.~':t- ~~ "'\!.~ ~ ~t)\~ : I ';) , ~ ~ &\: } , { -"1. 'to,< Q ~ ~ ~ ... L --"- q~'_ rr-- ... -e ------.- "0 ~ '" ! \ i L....<..- _ ... I ~_~t " , ~ ~þl/ !9~ I 0 0 - . . . ., i r ctryf MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD MEETING, HARCH 18, 1992 AT 7:00 P.M. Members Present Others Present Mark Marsh, Chairman Janet Meeks. Planner Sam DeOto Joyce Desormeau. Sign/ Gene Fisher License Administrator Tom LaSalle Nancy Davila. City Horti- Debora Oster culturist Jess Sowards Paul Dorling. Planner Rett Talbot I. The Chairman called the meeting to order at 7:00 p,m, and Mrs, Meeks called the roll. Mr. Marsh noted that III C. had been removed from the agenda. A new category, "IV, Miscellaneous." was added with the first item being I Congress Square Shopping Center - change in elevations, I II. Mr. Sowards moved to approve the minutes from March 18. 192. Seconded by Mr. Fisher with the vote as follows: Tom LaSalle Yes Debora Oster Yes Gene Fisher Yes Rett Talbot Yes Jess Sowards Yes Sam DeOto Yes Mark Marsh Yes III. SIGNS . Avalanche Bar & Grill 92-14463 1942 South Federal Highway MacLaren Signs 1 free-standing sign Represented by Don MacLaren. Mrs. Desormeau stated the sign will be placed on the wall facing Federal Highway. Each member was polled regarding the sign, Some of the members were not in favor of the red. white and blue colors. Mr. Marsh stated there would be a recommendation to the city commission for a waiver to allow a second sign. After discussion, Mrs. Oster moved to approve the sign for "Avalanche Bar & Grill"with the condition that the red "Bar & Grill" be changed to blue and recommend the approval of a waiver by the City Commission with the red changed to blue. Seconded by Mr. Sowards with the vote as follows: " '. i 0 0 . . . MINUTES: Site Plan Review and Appearance Board Meeting March 18. 1992 Page 2 Gene Fisher No Jess Sowards Yes Rett Talbot No Tom LaSalle Yes Sam DeOto No Debora Oster Yes Mark Marsh No (Motion failed) Mr. Fisher moved to approve as presented with the blue "Avalanche" and"Bar & Grill" being in the red and with the recommendation that another coach lamp be added to the north side. Seconded by Mr. DeOto. The sign is internally lighted. The frame color will match the building wall color. The vote was as follows: (the sign will be blue and red) Jess Sowards No Rett Talbot Yes Sam DeOto Yes f , Gene Fisher Yes Tom LaSalle No Debora Oster No Mark Marsh Yes B. Foreign Car Engineering 92-15074 75 North Congress Avenue Kane Sign Company 1 free standing sign Represented by Kevin Kane. The members did not feel they could support the sign with so much copy. logos, and the phone number, One recommendation was "Foreign Car Engineering" "Service/Body Shop", The street number could be used on the sign but placed on the side. A smaller cabinet could be used. Mr. Harsh stated the Board has made a recommendation as to the amount of copy to be on the sign. "Foreign Car Engineering" and "Service/Body Work" would be allowed, Blue lettering on a white background would be acceptable. Eight (8) inch letters was recommended for IIForeign Car" and "Engineering" with 6" lettering for "Service/Body Workll. Mr. Sowards moved that the sign to remain the same size - 8' by 4'6" - the only lettering on the sign to be "Foreign Car Engineering" and IIService/Body Work" with an address number; the colors are to be blue letters on a white background, The applicant is to resubmit s~ back to the City for their approval. Seconded by Mrs. Oster with the vote as follows: Debora Oster (if f2¿'Ø Yes Jess Sowards t~ Yes Gene Fisher 4C Yes Tom LaSalle Yes Sam DeOto Yes Rett Talbot Yes Mark Marsh Yes ," · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: f/) CITY MANAGER SUBJECT: AGENDA ITEM i J lA - MEETING OF APRIL 28. 1992 ORDINANCE NO. 16-92 DATE: April 24, 1992 This is a first reading of an ordinance changing the City's Land Use Plan Designation in the Comprehensive Plan from Transitional to General Commercial for property located on the northwest corner of Barwick Road and West Atlantic Avenue; amending the Land Use Plan; and providing for exemption from the transmittal and ORC (Objections, Recommendations, Comments) process. This action is associated with the proposed annexation of the Highland Trailer Park; and involves the commercial property located adjacent the Trailer Park on Atlantic Avenue and Barwick Road. The owner of the service station at the northwest corner of Atlantic Avenue and Barwick Road previously indicated his willingness to join the Highland Trailer Park annexation petition, if his property was assigned a Land Use Plan designation of General Commercial and an initial zoning designation of General Commercial. These designations would allow the existing service station to be annexed as a conforming use. At the March 24th regular meeting the Commission authorized the initiation of a Land Use Plan Amendment to accommodate this request. This Land Use Plan Amendment is being processed as a Small Scale Development pursuant to Florida Statutes 163.3187, as amended by Senate Bill 1882, effective April 8, 1992. This statute allows any local government land use amendment which is related to a proposed small scale development activity to be approved without regard to statutory limits on the frequency of amendments (twice a year) and subject to land area restrictions. Further, Senate Bill 1882 allows local governments to exempt small-scale amendments from the transmittal and ORC process by having only an adoption hearing. The Planning and Zoning Board at their April 22nd meeting recommended approval of the Land Use Amendment from Transitional to General Commercial. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 16-92 on first reading. p~ ¡SI RHuJL 5-0 'f · I I ---=--=:.::-=-==--=--_._-_..,=-=.:.:..:..:..-=--~ =-=----:-:---===-=--~-==----=..::::::..:=--==----~ --~~-----:---"_.- .-- ~-:=::::.::-~-=..:...-==-.:..... - ~ -- ORDINANCE NO. 16-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE EAST 43.16 FEET OF LOT 7 AND LOT 8 (LESS THE NORTH 8 FEET AND SOUTH 28 . 2 5 FEET RD R!W THEREOF) , HIGHLAND TRAILER PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGE 213 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM TRANSITIONAL TO GENERAL COMMERCIAL; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF BARWICK ROAD AND WEST ATLANTIC AVENUE; AMENDING THE LAND USE PLAN; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; 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 legal description of the subject property is as follows: East 43.16 feet of Lot 7 and Lot 8 (Less the North 8 feet and South 28.25 feet Road R!W thereof), Highland Trailer Park Subdivision, as recorded in Plat Book 24, Page 213 of the Public Records of Palm Beach County, Florida. The subject property is located at the northwest corner of Barwick Road and West Atlantic Avenue, Delray Beach, Florida. The above-described parcel contains 0.5 of an acre parcel of land, more or less. Section 2. That the City of Delray Beach elects to make this small scale amendment exempt from the transmittal-and-ORC process by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187 as amended by SB 1882 (Committee Substitute) effective April 8, 1992. Section 3. That the Land Use Plan designation of the subject property in the Comprehensive Plan is hereby changed to General Conunercial. Section 4. That the Planning Director of the City of Delray Beach shall, upon the effective date of this ordinance, change the Land Use Plan of Delray Beach, Florida, to conform with the provisions hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. . 'I -_. -- - --_._-~----.--------- -- -._-- -------- ~ ---- --- ----------- ---------- --- ---- -- Section 7. That this ordinance shall become effective one (1 ) day after the effective date of the enacting ordinance annexing the subject property to the City of Delray Beach. 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 . · ......t. / C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ID T. HARDEN, CITY MANAGER lb..,JD- L x:LYY"'0110 iIE< THRU: - ID J. KOVACS, DI ECTOR DEPARTMENT OF PLANNING AND ZONING FROM: PAUL DORLING, PLANNER II SUBJECT: MEETING OF APRIL 28, 1992 LAND USE PLAN AMENDMENT CHANGE FROM "TRANSITIONAL" TO "GENERAL COMMERCIAL", ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance changing the Land Use Designation from "Transitional" to "General Commercial" for Lot 8 and a portion of lot 7 of the Highland Trailer Park subdivision, The property is located at the northwest corner of Barwick Road and Atlantic Avenue, BACKGROUND: On March 24, 1992 the City Commission discussed the Planning and Zoning Board's recommendation on the Highland Trailer Park annexation which included disposition of the Commercial properties to the south, During these discussions the owner of the service station at the northwest corner of Barwick Road and Atlantic Avenue indicated his willingness to join the Highland Trailer Park annexation petition, if his property was assigned a Land Use Plan designation of "General Commercial" and initial zoning designation of "General Commercial". These designations would allow the existing service station to be annexed as a conforming use. In response to this request, the City Commission initiated a Land Use Plan Amendment changing the property from "Transitional" to "General Commercial", The City Commission further directed staff to proceed with a dual referendum to be held on September 1, 1992 while continuing to work with the remaining commercial lots to reach a voluntary annexation agreement, PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of April 22, 1992 and recommended approval of the Land Use Amendment from "Transitional" to "General Commercial" on a unanimous 7-0 vote. " City Commission Documentation Land Use Amendment from Transitional to General Commercial Page 2 LAND USE PLAN AMENDMENT PROCESS: This Land Use Plan Amendment is being processed as a Small Scale Development pursuant to Florida Statutes 163.3187 as amended by Senate Bill 1882, effective April 8, 1992, This statute allows any local government land use amendment which is related to a proposed small scale development activity to be approved without regard to statutory limits on the frequency of amendments (twice a year), subject to the following conditions: * The amendment does not exceed either 10 acres of nonresidential land or 10 acres of residential land with a density of 10 units per acre or less; * The cumulative effect of the amendments processed under this section shall not exceed 60 acres annually; * The proposed amendment does not involve the same property more than once a year; and * The proposed amendment does not involve the same owner's property within 200' of property granted a change within a period of 12 months, This parcel is approximately 21,706 sq,ft. or ,5 of an acre and is the first small scale development processed this year, This property has not previously been considered for a Land Use Amendment nor has the same property owner been granted a land use change within 200 feet or within the last year, Further, the Senate Bill 1822 amendment allows the local governments to choose to make small-scale amendments exempt from the transmittal and ORC (Objections, Recommendations, Comments) process by having only an adoption hearing. Until the rule making for this new provision is completed, the election of this process must be specified within the adopting ordinance. RECOMMENDED ACTION: By . motion, approve the Land Use Plan Amendment from "Transitional" to "General Commercial" for lots 8 and a portion of Lot 7 of the Highland Trailer Park Subdivision on first reading. Attachment: * P&Z Staff Report. * Location map p~_ANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: April 20, 1992 AGENDA ITEM: IILA, ITEM: Future Land Use Map Amendment with Concurrent Annexation & Establishment of Initial Cit\ Zoning, Northwest Corner of Atlantic Avenue & Barwick Road (FLUM from Transitional to General Commercial; Zoning from CG County to General Commercial GC City). m~ ~ a: < en A TI.ANTlC . AVENUE I ~ ~ I GENERAL DATA: Owner. . . . . . . . . . . . . , . . . . . . . . . . . G &. Z Auto Care tnc, Agent....................,....Voluntarily initiated. Location,........,........,...Northwest corner of Atlantic Avenue and Barwick Road. Property Size.,...............O.495 Acres City Land Use Plan.,....,.....Transitional Proposed Land Use Designatlon..........General Commercial Current Zoning,.........,....,CG/SE (Commercial Generall Special Exception - County Zoning) Proposed Zoning...............GC (General Commercial) Adjacent Zonlng.........North: AR (Agricultural Residential - County Zoning) East: CF (Community Facilities) South: PRO (Planned Residential) West: CG/SE (County Zoning) Existing Land Use.....,.....,.Gas Station. Water Service...,.............Existing l2~ water main along Atlantic Avenue, l2~ line along Barwick Road, 6" line along Greenbriar Drive. Sewer Service.................Existing septic tank on site, 8" sewer system with Highland Trailer Park to the north. IILA. '. I T E M B E FOR E THE BOA R D: - The item before the Board is that of making a recommendation on a City initiated Land Use Plan Amendment from "Transitional" to (GC) General Commercial, a Voluntary Annexation and City initiated zoning to (GC) General Commercial for the Citco Gasoline station. The subject property is Lot 8 and a portion of Lot 7 of the Highland Trailer Park subdivision plat located at the northwest corner of Barwick Road and Atlantic Avenue, B A C K G R 0 U N D: During review of the City initiated Highland Trailer Park annexation it was discovered that two of the three commercial properties immediately south along Atlantic Avenue were receiving City water without executed water service agreements, The Planning and Zoning Board considered the Highland Trailer Park annexation at their meeting of February 24, 1992 and continued the item pending resolution of the methods by which the commercial properties could be annexed (voluntarily or dual referendum) and sewered, The commercial property owners were contacted and asked to join the City initiated Highland Trailer Park annexation petition, Neither of the commercial property owner provided the necessary commitment prior to the Planning and Zoning Board meeting of March 16, 1992. At that meeting the Board recommended the Highland Trailer Park annexation be incorporated as part of a dual referendum which would include the commercial tracts along Atlantic Avenue, On March 24, 1992 the City Commission discussed the Planning and Zoning Board's recommendation, During these discussions the owner of one of the commercial properties indicated a willingness to voluntarily annex if his property was assigned a Land Use Designation (GC) and Zoning district (GC) which would allow the existing use (gasoline station) to remain as a conforming use, In response to this request, the City Commission initiated a Land Use Plan amendment from "Transitional" to "General Commercial" and an initial Zoning Designation of "General Commercial" for the commercial property. The City Commission further directed staff to proceed with a dual referendum to be held on September 1, 1992 while continuing to work with the other commercial lots to reach a voluntary annexation agreement. PRO J E C T DES C RIP T ION: The site proposed for annexation includes Lot 8 and a portion of Lot 7 of the Highland Trailer Park subdivision. The site contains an existing gasoline service station (Citco) with four dispensing pumps, a repair bay, and small office. The applicant " P&Z Staff Report Annexation of the Highland Trailer Park Page 2 has indicated he wishes to seek Conditional Use approval to establish a car wash in the future, While the applicant has been informed that there are no guarantees the expansion will be approved, annexation with a GC land use designation and GC zoning will allow him to apply for expansion. ANN E X A T ION A N A L Y S I S: The owner of the property has signed an OWner's Affidavit and authorization for voluntary annexation, Florida Statutes Governing Annexations: Pursuant to Florida Statue 171.044 "the owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality", Pursuant to F.S. 171.044 ( 5 ) "land shall not be annexed through voluntary annexation when such annexation results in the creation of Enclaves", * The property is contiguous with the City, reasonably compact, and its annexation will not create an enclave. The annexation will in fact help to eliminate a portion of an isolated commercial tract fronting on Atlantic Avenue which would be created through the annexation of the Highland Trailer Park to the north, Consistency between the City and County Land Use and Zoning Designations: The City's current Future Land Use Map designation for the lots is "Transitional", while the County Land Use Designation is "Commercial with an alternate residential density of 8 units per acre" . The City's Land Use designation is proposed to be changed from "Transitional" to "General Commercial" which is consistent with the current County "Commercial" designation, The proposed initial City zoning of "General Commercial" is consistent with the current County zoning of "General Commercial", Upon annexation only the City zoning designation is applicable. The annexation is being conducted pursuant to the "Annexation Policies" within the Comprehensive Plan. Provision of Services: When annexation of property occurs, services should be provided in a manner which is consistent with services provided to other similar groperties already in the City (Future Land Use Policy B- 3, 1) . The following is a discussion of required services and potential provision levels. " P&Z Staff Report Annexation of the Highland Trailer Park Page 3 Police: Annexation will not require additional manpower, as the police currently pass the property while patrolling the City areas to the north, east, west and south of the site, With annexation, the property will see an improvement in response time over that which they currently receive from the County Sheriff's Department to between 4 minutes (emergency call) and 6 minutes (non emergency call) from the Delray Police Department. Fire and Emergency Services: The annexation of this area will not require additional manpower. The municipal area is served by Fire Station No. 4 (Barwick and Lake Ida Roads). With annexation the property will receive an improvement in response time from the current 7 minutes of the County Fire Department (Clint Moore Road and Military Trail) to approximately 2 minutes for the City Fire Department (Lake Ida and Barwick Roads), Water: The development is currently served by a water meter connection to the 12" main along the north side of Atlantic Avenue. A fire hydrant exists at the northeast corner of the property across Barwick Road, The 300' minimum fire hydrant spacing along Atlantic Avenue is not met in this area, With redevelopment of the property, a fire hydrant and easement to accommodate it will be required. Sewer: The development is currently served by a septic tank and field. Pursuant to Section 6.1,11 all properties within 200 feet of an available City sewer are required to connect. Easements are being acquired with the Highland Trailer Park annexation to the north which will allow this property to access the sewer system within Highland Trailer Park. After these easements are obtained, a sewer main will be installed by the City and this property will be required to connect to the City sewer system, Streets: This parcel is located at the intersection of Barwick Road and Atlantic Avenue, It is noted that Atlantic Avenue is currently below the acceptable level of service. With any redevelopment involving expansion of use, a traffic study will be required and difficulty meeting concurrency may be experienced. However, Atlantic Avenue is scheduled for widening in 1992/93 and upon award of the widening contract the additional roadway capacity is considered available. '. P&Z Staff Report Annexation of the Highland Trailer Park Page 4 Parks and Open Space: The addition of one commercial property is anticipated to create no impact on existing park and recreational facilities. Impact on these facilities are associated with residential units only. Fiscal Impacts: For the 1991 tax year the G & C Auto Care had an assessed value of $178,657,00. At the 1991 City millage rate of 6.20 mills the property will provide $1,107,67 in new ad valorem taxes to the City per year. COM PRE HEN S I V E P LAN A N A L Y S I S: This Land Use Amendment is being processed as a Small Scale Development pursuant to Florida Statutes 163.3187. This statute allows any local government comprehensive land use amendments directly related to proposed small scale development activities to be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: * The cumulative effect of the amendments processed under this section shall not exceed 30 acres annually; * The proposed amendment does not involve the same property more than once a year; and * The proposed amendment does not involve the same owner's property within 200' of property granted a change within a period of 12 months. This parcel is approximately 21,706 sq. ft. or .5 of an acre and is the first small scale development processed this year. This property has not previously been considered for a land use amendment nor has the same property owner been granted a land use change within 200 feet or within the last year. Land Use Analysis: The current County Land Use Designation for the site is Commercial with an alternate residential designation of 8 units per acre, The current City Land Use Designation for the site is "Transitional " The proposed City Land Use Designation for the , parcel is "General Commercial". " P&Z Staff Report Annexation of the Highland Trailer Park Page 5 ~- The surrounding Land Use Map designations to the north are "Transitional" (Highland Trailer Park) in the City and "Agricultural" in the County. To the west is "Transitional" in the City and Commercial with an 8 unit residential equivalent in the County. To the south is Residential Medium Density 5-12 Units per acre in the City. To the east the site is bordered by property in the City with a Land Use Designation of "Community Facilities". The existing Land Uses are "Residential" (Highland Mobile Home Park) to the north, "Commercial" (Handy Market) to the west, "Community Facilities" to the east (future site of Barwick Middle School) and" Sherwood Golf Driving Range" to the south, Z 0 N I N G A N A L Y S I S: The current County zoning designation for the parcel is CG/SE (General Commercial/Special Exception) . The proposed initial City zoning designation is "General Commercial". The surrounding zoning designations are "Agricultural Residential" (County) proposed "Mobile Home" (City) to the north, CG/SE (General Commercial/Special Exception) County zoning to the west, (PRD) Planned Residential Development to the south and CF (Community Facilities) City zoning to the east. R E 0 U IRE D FIN DIN G S: (CHAPTER 3) Pursuant to Section 3,1,1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. Gasoline Stations are allowed as a Conditional Use in the GC (General Commercial) zoning district. The GC zoning designation is a consistent zoning designation under the proposed "General Commercial" Land Use Designation, Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the comprehe~sive Plan. " P&Z Staff Report Annexation of the Highland Trailer Park Page 6 The proposal involves the annexation of an existing development. Given this type of petition the required facilities (water, sewer, streets) have been previously discussed under the "Provision of Services" section of the staff report. The following is a discussion of the facilities not previously covered. Drainage: With site inspection limited landscape areas exist for swale areas and no exfiltration trenches are noted. Some of the drainage "pools" on site with the balance presumably draining on to adjacent properties. Parks and Open Space: Park dedication requirements apply for new residential development. This property is commercial and is an established development which is being annexed and therefore the requirements do not apply. Solid Waste: As this is an existing development the solid waste being generated is already accommodated in projected levels of solid waste service, Further, the impact of this use on the solid waste facility which is to accommodate all growth in the County is relatively insignificant, Compliance with Land Development Regulations: Upon annexation the gasoline station will come under the development regulations of the City. Any future modifications to the site must comply with the LDR's, It is appropriate at this time to bring the following LDR requirements to the attention of the applicant. * On the site there is a large billboard. Pursuant to Section 4,6,7(H)(4) this sign is a nonconforming Class 1 sign and is required to be removed once the property is annexed into the City. * Pursuant to Section 4.3,3(J)(5) (General Development Standards) the following minimum requirements must be met to establish the Gasoline Station Use (with Service bay function) , Minimum lot area 15,000 sq,ft. Minimum Frontage 150 feet Parking requirements 4 spaces/and 4 spaces per bay >, P&Z Staff Report Annexation of the Highland Trailer Park Page 7 This development contains 21,706 sq. ft. and has 151 feet frontage along Atlantic Avenue and 143.75 feet of frontage along Barwick Road, Current parking is not delineated on site. Adequate parking can be accommodated on site. * Pursuant to Section 4.3.3(J) (6) (a) gasoline dispensers, tanks, dispenser islands, and canopies shall not be located closer than fifteen feet ( 15 ' ) from any property line, When property directly abuts residentially zoned property, gasoline dispensers, tanks, dispenser islands and canopies, signs, or vents shall not be located closer than forty feet (40') from the property line abutting the residential zoned property, The existing gasoline dispensers, and signs appear to encroach within 15' along the south property line (Atlantic Avenue) . With any future redevelopment of the property this LDR requirement may have to be complied with. * Pursuant to Section 4.3,4(H) (6) (b) a special landscape strip is required along Atlantic Avenue. The landscape strip is to be 30' or 10% of the depth of the property, whichever is smaller. In this case an approximate 15' landscape strip is required along Atlantic Avenue, Currently a minimal landscape strip exists (approximately 5 ' ) . With redevelopment or by October 1, 1993 pursuant to Section 4,6,16(H)(4)(a) the perimeter landscaping is to be installed, Consistency: Compliance with the performance standards set forth in Section 3,3,2 (Zoning), along with the required findings in Section 2.4.5, 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. The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) Performance Standard 3.3.2(A) states that a rezoning to other than CF within stable residential areas shall be denied. As this is an initial zoning, affixing a zoning designation which represents the existing land use this standard does not apply. P&Z Staff Report Annexation of the Highland Trailer Park Page 8 B) Performance Standard 3.3.2(D) states: That the rezone shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The initial zoning designation represents the existing commercial land use which is not compatible with the residential uses to the north, or the proposed Community Facility (Barwick Middle School) to the west, The existing commercial land use is compatible wi th other commercial properties to the west, The incompatibility will be addressed during future redevelopment or required perimeter landscape compliance pursuant to Section 4.6.16(H)(4)(a). Pursuant to Section 2,4.5(D)(1), a justification statement providing the reason for which the change is being sought must accompany all rezoning requests. The Code further identifies certain valid reasons for approving the change being sought. As this zoning petition before you is an initial zoning designation to be assigned to property being annexed, the above section does not apply. Impact to G & C Auto Care Inc,: With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millaqe With Annexation Fire/Rescue Mstu 2.1238 Deleted (County) Library ,3939 Deleted (County) City of Delray Beach 6,2000 Added (City) City of Delray Beach Debt ,9500 Added (City) +4,6323 Difference * * Total tax millage in the County is 19.2432 mills while in the City the total millage rate is 23.8755. Non Ad Valorem Taxes: Delray Beach storm Water Utility - This City assessment will be approximately -------- a year. Solid Waste Authority - A slight reduction in collection rates should be experienced, " P&Z Staff Report Annexation of the Highland Trailer Park Page 9 .,.., What this actually means for the property is an increase in taxes from approximately $3,437,93 to $4,265,53 a year (an increase of approximately $827.60). The applicant will save the 25% surcharge for water service currently charged for outside City service. This equates to a yearly savings of $41. 02 (25% of $205,08 - 1991 sewer and water fees). Impact to City: The City will gain approximately $1,107.67 a year in new tax revenue. As this property is commercial no per capita reimbursements are anticipated. Minimum fees will be generated by licensing operations which will now be under the authority of the City, With annexation the City will lose the 25% surcharge currently paid as Utility fees ($41.02 -1991 water surcharge paid) , With this reduction the City will receive an overall fiscal benefit of approximately $1,066,65 plus licensing fees. In addition, the City will receive a sewer connection fee ($1,084,00 new rate), monthly sewer r3tes (based on consumption) and the storm water utility fee. REV I E W B Y o THE R S: The annexation is not in a geographic area requiring review by either 'the HPB (Historic Preservation Board) , DDA (Downtown Development Authority) , or the CRA (Community Redevelopment Agency) , On April 9, 1992 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date a response has not been received, Courtesy notices were sent to Helen Coopersmith ( PROD) , David Klarer (Delray Councils of Communities), Art Jackel (United Property Owners), Jack Kellerman (Highpoint) and Charles Raible (Highland Park Company). ASS E SSM E N T AND CON C L U S ION S: With the annexation the City will not only benefit fiscally, but also by gaining land use control of this highly visible frontage along Atlantic Avenue, This will provide the ability to effect positive aesthetic changes through Code Enforcement and/or redevelopment under City Land development regulations. The owner of the property will experience an increase in taxes however this will be offset by a small savings on utility fees through elimination of the 25% surcharge for outside City services and better response times for police, fire and EMS units. '. " P&Z staff Report Annexation of the Highland Trailer Park Page 10 With the accompanying Land Use amendment and initial zoning of General Commercial the existing gasoline station will be annexed as a conforming use, This will alleviate the applicant's concern of being a nonconforming use which could not be rebuilt or expanded, The applicant has expressed interest in renovating and expanding the existing use in the future. A L T ERN A T I V E S: A. Continue with direction. B. Recommend approval of the Land Use Amendment, annexation request and initial zoning designation of GC (General Commercial) upon positive findings, C, Recommend denial of the Land Use Amendment, Annexation and initial zoning based upon a failure to make positive findings. S T A F F R E COM MEN D A T ION: Recommend approval of the Land Use Amendment from Transitional to General Commercial, as well as the Annexation request and initial zoning designation of GC (General Commercial) upon positive findings with respect to Section 3,1.1, Section 3,3.2 and policies of the Comprehensive Plan and the following: That the property is contiguous, reasonably compact and does not create an enclave. That services will be provided to the property in a manner similar to other similar properties within the City, PD/G&CAUTO, DOC " -......, ............,.....,.."."'~'-.,_........-.-"._.:.~,~.-"..-- ,.- , - ._.._"~-- ~~ ov ~a e:,0 ~ ø 0 ~ 0:: ð ~ ~ m ATlANTIC . AVENUE SH£RWOOD ~ ~~ rt' «c1? 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