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05-12-92 Regular . . . 40, CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - MAY 12. 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 ,..,. · 40 City Commission Regular Meeting 5/12/92 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 28, 1992, and Special Meeting Minutes of April 23, 1992 and May 5, 1992. 6. Proclamations: A. Police Week - May 10 through 16, 1992 and Peace Officers Memorial Day - May 15, 1992. 1. Presentations: None. 8. Consent Agenda: City Manager recommends approval. A. APPROVAL OF AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY SCHOOL BOARD: Approve an agreement with the School Board to provide school buses and drivers for the Summer Day Camp programs. B. . APPROVAL OF AN AGREEMENT WITH PALM BEACH COUNTY: Approve an agreement with Palm Beach County for the installation of a 24 inch raw water main on Linton Boulevard between Military Trail and Jog Road. C. GUARANTY AGREEMENT/DAN BURNS: Approve a guaranty agreement with Dan Burns in support of the July 4th fireworks display. -2- ";.,~ . . " City Commission Regular Meeting 5/12/92 D. RENEWAL OF SERVICE AGREEMENT/SOUTHERN BELL: Renew the service agreement with Southern Bell. E. RATIFICATION OF EDUCATION BOARD RECOMMENDATION: Ratify the recommendation of the Education Board to the Palm Beach County School Board which supports the expansion of the Montessori Magnet Program at S.D. Spady Elementary School. F. RESOLUTION NO. 50-92: A resolution vacating and abandoning a 12 foot utility easement located within a portion of Parcel V, Abbey Delray South located just south of the L-36 Canal between Homewood Boulevard and the E-4 Canal. G. ACCEPTANCE OF AN EASEMENT DEED: Accept an easement deed from Abbey Delray South to replace a previously abandoned utility easement. H. AUTHORIZATION TO INITIATE ANNEXATION: Authorize the calling-in of water service agreement for the Delray Handy Mart located approximately 150 feet west of the northwest corner of Barwick Road and Atlantic Avenue. 1. APPROVAL OF LANDSCAPE AGREEMENT/EXECUTIVE MOTORS: Waive the perimeter landscaping requirements and approve an agreement for future landscaping of the Executive Motors site. J. RESOLUTION NO. 49-92: A resolution assessing the costs to abate nuisances on 32 properties located within the City. K. AWARD OF BIDS AND CONTRACTS: 1. July 4th Fireworks Display - Grucci, Inc. in the amount of $24,000 with funding from Commission Special Events (Account No. 001-1111-511-33.81) and private donations. 2. Cemetery Road - Asphalt Construction of Palm Beach, Inc. in the amount of $54,252.82 with funding from General Construction Fund- Cemetery Entrance Road (Account No. 333-4511-539-61.39). 3. Rental Rehab - 102-128 S.W. 13th Avenue - MJD Construction Services in the amount of $212,277 (Cityls Share $99,000) with funding from Community Development Rental Rehab (Account No. 118-1975-554-60.23) . 4. Two ( 2 ) 3/4 Ton Trucks - Parks and Recreation - Duvall Ford (State Contract) in the amount of $24,826 with funding from General Fund Park - Automotive (Account No. 001-4131-572-60.84/$12,000) and Beautification Trust Fund - Automotive (Account No. 119-4144-572-60.84/$13,000). L. AUTHORIZATION TO TRANSFER FUNDS: Authorize staff to transfer funds in the amount of $33,100 to fund the Cason Cottage parking lot expansion project. -3- ,.. · ... City Commission Regular Meeting 5/12/92 M. RENEWAL OF THE AGREEMENT WITH THE PROPERTY APPRAISER'S OFFICE: Approve the renewal of an agreement with the Property Appraiser's Office for the uniform collection of Stormwater Utility Fee assessments. N. - SE..£- AOOtf10Llf)'ì - 9. Regular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period April 27, 1992 through May 8, 1992. B. 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. C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION: Consider an appeal of a Site Plan Review and Appearance Board decision with regard to approval of a site plan modification for the 160 Building. D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION: Consider an appeal of a Site Plan Review and Appearance Board decision with regard to the imposition of conditions on the approval of a site plan for JBA Investments, Inc. E. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION: Consider an . appeal of a Site Plan Review and Appearance Board decision with regard to the architectural elevations for Griffin Gate located on the east side of Swinton Avenue, south of S.E. 4th Street. F. REOUEST FOR FINAL PAYMENT/PIONEER CONTRACTING. INC. : Consider a request from Pioneer Contracting, Inc. for final payment in the amount of $85,487.53 for completion of the Fire Station No. 2 project. G. RESOLUTION NO. 51-92: A resolution authorizing the Community Redevelopment Agency to purchase property located at 64 N.E. 2nd Avenue at the RTC Auction being held on May 16, 1992. H. RESOLUTION NO. 52-92: Consider adopting a resolution supporting voter control of local taxes. I. RESOLUTION NO. 53-92/MID-YEAR BUDGET REVIEW: A resolution amending Resolution No. 71-91 which made appropriations of sums of money for all necessary expenditures of the City for Fiscal Year 1991-92 by setting forth the anticipated revenues and expenditures for the Water and Sewer Fund for Fiscal Year 1991-92 and making appropriate adjustment to budget line items in various departmental budgets. -4- '''I'' , City Commission Regular Meeting 5/12/92 J. REPLACEMENT OF A MEMBER ON THE NEIGHBORHOODS TASK TEAM: Appoint Victor Flores to the Neighborhoods Task Team in place of Lillian Flores. K. STATUS REPORT/THE GROVES OF DELRAY PROJECT: Consider staff's report with regard to the complaint filed by the homeowners in the Southridge area with regard to the Groves of Delray Project. L. AUTHORIZATION TO TRANSFER FUNDS/1992 UTILITY TAX BOND: Authorize staff to transfer funds to cover the negative balance in the City Hall Expansion Project fund from the 1992 Utility Tax Bond Issue and interest earnings accounts. 10. Public Hearings: 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. 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. 17-92: An ordinance clarifying the powers of the Community Redevelopment Agency and modifying the CRA Plan. If passed public hearing May 26th. B. ORDINANCE NO. 18-92: An ordinance amending Chapter 92 of the Code of Ordinance by repealing Sections 92.01 through and including 92.20 and enacting new Sections 92.01 through 92.20 to provide updated regulations with regard to the operation and mooring of boats within the City. If passed public hearing May 26th. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager D. County and Municipal Issues -5- 1'''' I·', ., [ITY OF DELRAY HEREM 100 ,\¡ ',~/ 13: .~\¡::~~UE DELRAY 8¿,..:H~""'¡ ':"'I_I.J;::(.IC);':" 33444 PROCLAJIA rIO.\ WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and, WHEREAS, the members of the Police Department of the City of Delray Beach play an essential role in safeguarding the rights and freedoms of the citizens of the City of Delray Beach; and, WHEREAS, it is important that all citizens know and understand the problems, duties, and responsibilities of their Police Department, and that members of our Police Department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and, WHEREAS, the Police Department of the City of Delray Beach has grown to be a modern and scientific law enforcement agency which increasingly provides a vital public service, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim Friday, May 15, 1992, as "PEACE OFFICERS MEMORIAL DAY" in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty, and the week of May 10 - May 16, 1992, as "POLICE WEEK" and call upon all citizens of the City of Delray Beach and upon all patriotic, civic, and educational organizations to observe the week with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 12th day of May, 1992. MAY 0 R THOMAS E. LYNCH SEAL fo A ., -, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (~j SUBJECT: AGENDA ITEM i g ~ - MEETING OF MAY 12. 1992 AGREEMENT WITH PALM BEACH COUNTY SCHOOL BOARD/BUS RENTAL DATE: May 8, 1992 This item is before you to approve an agreement with the School Board to transport children in our summer camps (Community Center, Atlantic High School, Pompey Park and Carver Middle School), to various local facilities and field trips in the tri-county area. We will need four buses, four days per week for eight weeks, the approximate cost for this service is $21,500. This amount reflects an increase in the rate for drivers from $15.00 to $20.00 per hour. The School Board charge however, is still below the rental rate of conventional bus service which would cost approximately $275 per day. Addi tionally , the City will not be required to purchase separate vehicle liability insurance as in the past. A detailed staff report is attached as backup material for this item. The City Attorney's Office has reviewed this agreement and found it to be satisfactory. Recommend approval of an agreement with the Palm Beach County School Board to provide bus service for the City/s Summer Camp Program. ., " ... [ITY DF DELRAY BEA[H ~ 1TYA TTORNEY'S OFFICE ~.;..:. ....: :)1'n\ :f. ~i.~ ¡~rL\ :; ~~.¡ W~~~_~·. D~~_a~ ~~n_ .... j (407) 243-7090 MEMORANDUM Date: May 5, 1992 To: City Commission ~ From: David N. Tolces, Assistant City Attorne Subject: School Bus Rental Agreement with Palm Beach County School Board I have reviewed the rental agreement with the Palm Beach County School Board for school buses and find it satisfactory. If you have any questions, please call. DNT: sh cc: Cheryl Leverett, Agenda Coordinator bus.dnt .~ '/-".,,-....-A"_ - MEMORANDUM TO: David T. Harden, City Manager THRU: J. Weldon. Director ~ Parks and Recreation Dept. FROM: J. Dragon, Assistant Director Parks and Recreation Dept. DATE: May 1, 1992 SUBJECT: Rental of School Board busses for Summer Program The rental cost of School Board buses for our summer camp programs will be increased 'once again this year. Driver costs will be increased from $15.00 per hour to $20.00 per hour. The per-mile costs, however, will remain the same at $1.00 per mile. The increases, however, should not deter us from once again contracting with the School Board for this service. We have contracted with the School Board for this service for the past eight years, and provides us with well-maintained buses and experienced drivers. Commercial and other charter bus companies would cost approximately $275. per day for the same service. Also, the City will not be required to purchase separate vehicle liability insurance this year as was required last year. Please see the attached regarding this issue as well as the issue of indemnification. The City Attorney's office have discussed these matters with the School Board Attorney's in the past. Each of four sites will utilize a bus four days a week as last year in order to keep costs down. The buses will be used to transport campers to various in-town and out-of-town activities such as the zoo, beach, movies, bowling, ice-skating, roller-skating, etc. The total cost for this contract will be approximately $21,500. We have budgeted $20,700. for this service. This same service by commercial and charter bus services would cost approximately $32,000. I respectfully request Commission approval of the attached Transportation Agreement with the School Board. j '. ~ t THE SCHOOl BOARD DR. C. MONICA UHLHORN OF PALM BEACH COUN1Y SUPERINTENDENT OF SCHOOLS J Contact Person Stacy Thomas 624-2317 or PX42305 Mr. Joseph Dragon, Assistant Director Parks And Recreation 50 NW 1st Avenue Delray Beach, Florida 33444 ì Dear Mr. Dragon: I am contacting you concerning use by municipalities. I summer bus The arrangements will be basically the same as last year with the exception of an increase in the drivers' hourly rates from fifteen dollars ($15) to twenty dollars ($20) per hour. The school system can no longer subsidize this activity or absorb the costs for ¡ overhead. The time and a half rate is thirty dollars ($30) per , hour but ';:,his should not be a factor since the use of drivers is I limited to eight (8 ) hours a day including travel time. The dates of available service are June 22, 1992 - August 14, 1992. Buses j are not available July 3. Please see the enclosed document, I Conditions For Summer Bus Use, for a more detailed listing of ì conditions. I Enclosed are two copies of the standard transportation agreement. ~ Your commission will need to ratify the agreement and provide a "letter of self-insurance" or a "certificate of insurance" naming the School Board of Palm Beach County as an additional insured entity. Prior to June 1, 1992, please return the signed contracts and the "certificates of insurance" or "letter of self-insured" to Stacy Thomas at The School Board of Palm Beach County, Department ¡ of Adult and Community Education, 3970 RCA Blvd. , Suite 7016, Palm Beach Gardens, Florida 33410-4283. í If you need additional information, please contact Stacy Thomas. Thank you for your attention in this matter. s~ (\L - George Baker Director of Transportation GB:SAT:ma cc: Stacy Thomas, Specialist Department of Adult & Community Education Enclosure T~3.~::po:1a!lcn Oep:::rtment - 3376 Summit B!vd, West Palm Beach, FL 33406· (407) 687-7190 'I ~ - . Conditions For Summer Bus Use By Municipalities 1. Buses and drivers are available for up to eight (8) hours each day that schools are in session from June 22 until August 14, 1992 (except for July 3). Buses are not available on week-ends or in the evenings. The minimum daily driyer assignment is six ( 6 ) hours. 2. Travel is restricted to adjoining counties and not more than forty-five ( 45) miles one way. 3. Drivers' hourly rates will be $20.00 per hour and $1.00 per mile in 1992. If an emergency arises requiring the driver to work more than eight ( 8) hours per day the 1.5 rate of $30.00 per hour will be charged. 4. Insurance polices must be written to cover any bus owned by the District and any driver employed by the District. S. Trip tickets must be submitted two ( 2 ) weeks in advance. 6. The assignment of drivers will be made by the Transportation Department staff. 7. All arrangements, including contractual arrangements and insurance coverage, must be completed prior to June 1, each summer. 04/27/92 I ... I " - I ¡ TRANSPORTATION AGREEMENT i (As required by 434.211(2)(a) Florida Statutes I This agreem~nt, made and entered into this day of , 1992, by and between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a public school corporation herein referred to as "BOARD" and , a political subdivision of the State of Florida, hereinafter referred to as the " " . Whereas the "BOARD" owns and operates school buses and whereas the "BOARD" recognizes the need on occasion, for other parties to utilize those buses to provide opportunities of a recreational nature for the children of . l. Provision of Buses The "BOARD" agrees to provide school buses and drivers for trips organized and supervised by (government entity) during the time period of , 1991, and , 1991. 2 . Compensation The agrees to fully compensate the BOARD for these bus trips. These costs include the driver's salary at dollars per hour and charge of per mile. . 3 . Liability Insurance 1 The (government entity) agrees to provide the "BOARD" with a certificate of insurance naming the "BOARD" as an additional insured on the (government entity's) automobile liability insurance policy with regard to the 'BOARD'S" buses. If the (government entity) elects to self-insure the liabilities under paragraph 4, the (government entity) agrees to provide the "Board" with written acknowledgement that these liabilities will be covered by the self-insurance plan. .4. Indemnification (As required by 234.211(2)(a)) The (government entity) shall indemnify and hold harmless the "BOARD" from any and all liability, claims, lawsuits, damages and expenses (including attorney fees) related to loss of life, bodily injury, property damage (including loss of use thereof) directly or indirectly caused by, resulting from, arising out of or occurring in connection with the use of such buses per this agreement. This paragraph is authorized by Chapter 234.211 and is subject to Chapter 768.28 of Florida Statut8S. .. '. .. . - . 5. Damages to School Buses in Use Pursuant to This Agreement The. . (government entity) agrees to be res pons ible for acc idental damages to the .. BOARD'S .. school bus directly or indirectly caused by, resulting from, arising out of or occurring in connection with the use of the buses. 6 . Responsibility The requesting government entity shall be solely responsible for planning for the safety and well being of those being transported. 7 . Procedure for Requesting Use of School Buses All requests for the use of school buses by government entities will be initiated in writing and directed to the principal (or his/her designee) for community education at a local community school. After the aforementioned conditions have been met, the assistant principal for community education will forward the request to the Transportation Department. The money to finance the trips must flow from the government entity to requesting school to the Transportation Department. 8. This agreement shall become effective upon official approval of both parties. Approved as to form: Board Legal Counsel Dr. C. Monica Uhlhorn, Superintendent The School Board of Palm Beach COunty City Attorney City !1anager Mayor City Clerk · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER]l/i SUBJECT: AGENDA ITEM i <rJ? - MEETING OF MAY 12. 1992 AGREEMENT WITH PALM BEACH COUNTY/24 INCH RAW WATER MAIN DATE: May 8, 1992 This item is before you to approve an agreement with Palm Beach County for the construction of a 24 inch raw watermain on Linton Boulevard between Military Trail and Jog Road. This project is in conjunction with County planned improvements on Linton Boulevard. Funding has already been identified and set aside. Under the provisions of this agreement the City will: -Select and pay for a professional engineer to prepare design plans for the construction of the watermain and obtain all necessary permits. -Provide inspection services during the construction and final certification of the project. - Pay the County the amount of the actual costs for construction of the watermain. The County will: -Advertise for bids, submit bids to the City for review, and award a contract for the construction of the watermain. -Administer the contract. -Supply a contract audit. -Submit all change orders for the watermain project to the City for approval. Recommend approval of an agreement between the City and Palm Beach County for the construction of a 24 inch raw water main on Linton Boulevard between Military Trail and Jog Road. .. · '. ,- DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: GEORGE ABOU-JAOUDE DIRECTOR OF PUBLIC UTILITIES FROM: RICHARD C. HASKO, P.E. fJ (.Dr CHIEF DESIGN ENGINEER ~ DATE: MAY 7, 1992 SUBJECT: LIN'.rON BLVD. RAW WATER MAIN PN 92-20 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - As you are aware, the planned development of a wellfield at Morikami Park to supply future potable water needs of the City will require the construction of a 24" raw water transmission main between the wellfield site and our water treatment facilities. The logical alignment for this main is along Linton Blvd. since Palm Beach County currently has plans to reconstruct Linton Blvd. to a four-lane section between Jog Road and Military Trail this year , it is in the ci ty' s best interests from an economical standpoint to coordinate the installation of our 24" raw water main with the County I s roadway construction proj ect. To this end, we have coordinated an inter local agreement between the City and the County for this purpose and recommend its approval and execution by City Commission. RCH:kt cc: William H. Greenwood, Director of Environmental Services Ralph E. Hayden, P.E., City Engineer File: Memos to George Abou-Jaoude DHGAJ57.KT '1 ."" [ITY DF DELRAY BEA[H CITY ATTORNEY'S OFFICE :ii',> ;\\\' ISI ,·\vL;\UE . DEI-RAY ilEACI-!, FLORIDA 33444 L\CS¡:'lILE .;(17/278--1755 Wr~t_r·. D~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: May 5, 1992 To: City Commission ~ From: David N. Tolces, Assistant City Attorne Subject: Agreement For Construction of 24" Raw Water Main on Linton Boulevard Between Military and Joq Road For your approval is an agreement between the City and Palm Beach County regarding the installation of a 24" raw water main on Linton Boulevard between Military Trail and Jog Road. Palm Beach County has prepared roadway construction plans and specifications for improving Linton Boulevard from Jog Road to Military Trail. The City has prepared utility construction plans and specifications for construction of a 24" raw water main to run from Jog Road to Military Trail along Linton BoulevaÌ'th In anticipation of constructing the 24" raw water main, the City has budgeted funds for this construction of the raw water main. Pursuant to this agreement, the County will advertise for bids and submit the bids to the City for review, and award a contract for the construction of the 24" raw water main along Linton Boulevard. The City will own the water main when it is constructed. The City will use a professional engineer to design plans for the construction of the 24" raw water main and pay the cost of engineering services and inspection services associated with the design and construction of the 24" raw water main. The City will forward to the County the funding for the cost of construction of the 24" raw water main. In the event that costs go over the amount budgeted for the construc- tion of the water main, the County shall obtain City approval f or any change orders which increase the cost of constructing the 24" raw water main above the contract amount. DNT: sh cc: Day~d Harden, City Manager Cheryl Leverett, Agenda Coordinator rawater.dnt '. - --. .._-- -_. - __.. . _____ _d_ J ,- AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PALM BEACH COUNTY, FLORIDA FOR JOINT PROJECT PARTICIPATION IN CONSTRUCTION OF LINTON BOULEVARD FROM JOG ROAD TO MILITARY TRAIL PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 88560B THIS AGREEMENT, made and entered into this day of 19__, by and between the COUNTY OF PALM BEACH, a political subdivision of the state of Florida, hereinafter called and referred to as the "COUNTY" and the CITY OF DELRAY BEACH, a municipality in the state of Florida, hereinafter called and referred to as the "CITY", . I T N B SSE T H : WHEREAS, the CITY and the COUNTY are authorized to enter into this agreement pursuant to Section 163.01, Florida statutes, as amended, which permits local governmental units to make the most efficient use of their powers by enabling them to - cooperatJ with other localities on a basis of mutual advantage; -- I and WHEREAS, the COUNTY has caused to be prepared roadway construction plans and specifications for improving Linton Boulevard from Jog Road to Military Trail; and WHEREAS , the CITY has caused to be prepared utility construction plans and specifications for the construction of a 24" raw watermain for the aforementioned portion of Linton Boulevard which will serve portions of its service area; and 1t1IEREAS , both CITY and the COUNTY declare that it is in the public interest that the 24ft raw watermain be constructed with the aforementioned Linton Boulevard improvements; and 1 'r - . - -- WHEREAS , the CITY has budgeted funds for the construction of the 24" raw watermain along the authorized service section of Linton Boulevard; and WHEREAS, the CITY is desirous of funding the costs for construction of the 2411 raw watermain which would benefit the CITY; and 1nŒREAS, the CITY will perform all inspections, testing and certifications required for the 24" raw watermain to insure compliance with their specifications and permits; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: I 1- The recitals set forth above are hereby adopted and incorporated in this agreement. I I , - I -- , 2. , The COUNTY agrees to: A. Advertise for bids, submit bids to the CITY for review, and award a contract for the -- -- ------ construction of Linton Boulevard improvements and for a 24" raw watermain which is to be owned by the CITY. B. Administer the above contract and administer the funds in accordance with this Agreement. C. supply the CITY with a contract audit in accordance with standard accounting procedures which reflect total, final costs of the 24" raw watermain, upon completion of this project. 2 - . . ...... D. To the extent the County is charged with design for the road improvements on Linton Boulevard from. Jog Road to Military Trail, the County agrees to be responsible for any and all liability with regard to its performance of the requirem.ents of this agreement. 3. The CITY agrees to: A. Use a professional engineer selected by the CITY to prepare design plans for the construction of the 24" raw watermain and obtain all necessary permits for the project. B. Pay the costs of engineering services to accomplish design plans for the construction of the 24" raw watermain for the project. I C. Provide or cause to be performed all inspection --- i services for the construction of the 24" raw watermain during construction and final certification for the aforementioned 24" raw watermain. D. To the extent that the CITY is charged with design for the construction of the 24" raw watermain of the project, the CITY agrees to be responsible for any and all liability with regard to its performance of the requirements of this agreement. 3 " ,; . E. To contribute and to forward to the COUNTY the funding for the actual costs of construction of the 24" raw watermain. Contributions and funding for the cost of such construction shall be paid by the CITY as such costs accrue and within 30 days after a bill for same has been sent by the COUNTY to the CITY, providing that the COUNTY shall obtain CITY approval for any .-- ~. .... - . change orders which increase the cost of constructing the 24" raw watermain above the contract amount. 4. Both the COUNTY and the CITY agree to pay to the other such funds as are indicated in the final audit set forth in Paragraph 2 (C) above, which will balance accounts between the parties. S. This Agreement shall be executed in triplicate and I the COUNTY shall retain two (2) and the CITY shall ---- i I retain one (1) copy. All shall be consiùøred an original. 6. Any and all notices required or permitted to be given here under shall be deemed received five (5) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notices to the CITY shall be sent to: city of Delray Beach 434 South swinton Avenue Delray Beach, FL 33444 ATTN: Mr. George Abou-Jaoude Director of utilities " 4 · - All notices to the COUNTY shall be sent to: George T. Webb, P.E., County Engineer Engineering and PUblic Works Department P.O. Box 21229 West Palm Beach, FL 33416 ATTN: Roadway Production IN WITNESS WHERBOP, the County of Palm Beach, Florida has caused this Agreement to signed by the Chairman of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuant to authority granted by said Board, and the CITY has caused this Agreement to be signed in its name by its Chairman and its seal to be affixed hereto, attested by its Secretary, the date and year first above written. CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: DATE ATTEST: ! ATTEST: --- / ._-- "." -_._-- ,--- MILTON T. BAUER, CLERK BY: BY: DATE DATE APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL LEGAL SUFFICIENCY: SUFFICIENCY: BY: BY: CITY ATTORNEY COUNTY ATTORNEY , 5 '. ~- ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER :{"I/ / FROM: SUBJECT: AGENDA ITEM i ?C - MEETING OF MAY 12. 1992 GUARANTY AGREEMENT/FOURTH OF JULY FIREWORKS DATE: May 8, 1992 This item is before you to approve a guaranty agreement with Dan Burns in support of the July 4th fireworks display. Under the provisions of this agreement Mr. Burns will guaranty that funds shall be raised to support the event up to the amount of $16,000. If that amount is not raised, Mr. Burns agrees to contribute the difference on or before July 25, 1992. Recommend approval of a guaranty agreement with Dan Burns in support of the July 4th fireworks display. '. '. . /'-'- [ITY OF DELRA' BEA[H '_'I) .' ~"4 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Fourth of July Fireworks Guaranty DATE: April 30, 1992 The attached Guaranty is for Dan Burns, who is the sponsor of the additional $16,000 to be raised for the Fourth of July fireworks. Please place this on the May 12th City Commission agenda. ) Jo Di Parks and Recreation Attachment JW:cp Ref:danburns THE E~F'CP,T Ac-. fV1, . . - '. · r ($16,000.00) from certain private citizens and entities or from Guarantor as or for a contribution to the financial support of the Event. 4. Agrees that this Guaranty is a guaranty of monies only and shall not be deemed a guaranty of the Event, including but not limited to, safety, performance, administration, crowd control, or any other aspect of the Event whatsoever. IN WITNESS WHEREOF, the Guarantor has caused this instrument to be executed as of the day and year first above written. DAN BURNS The "Guarantor" 2 " - , . GUARANTY THIS GUARANTY made this day of , 1992, by DAN BURNS (the "Guarantor"), to and for the benefit of the CITY OF DELRAY BEACH, FLORIDA (the "City"). WHEREAS, THE CITY intends on entering into a Contract for displaying fireworks at an event sponsored by the CITY on July 4, 1992 (the "Event"); WHEREAS, certain private citizens and entities desire to raise funds to support the Event; WHEREAS, the Guarantor is willing to guaranty that funds shall be raised to support the Event up to the amount of $16,000.00. NOW, THEREFORE, in consideration of the premises and to induce the CITY to carry out, sponsor and put on the Event, the Guarantor: 1- Unconditionally and absolutely guarantees in the event that private citizens and entities do not contribute at least the sum of Sixteen Thousand Dollars ($16,000.00) to the CITY on or before July 5, 1992, then the difference shall be paid by the Guarantor on or before July 25, 1992. 2. Agrees that this Guaranty shall inure to the benefit of and may be enforced by the CITY only and no other entity, successor or assign. 3. Agrees that this Guaranty shall terminate upon receipt by CITY in full of the sum of Sixteen Thousand dollars 'I · .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ! FROM: CITY MANAGER f-!íj J SUBJECT: AGENDA ITEM tt ~D - MEETING OF MAY 12. 1992 RENEWAL OF SERVICE CONTRACT/SOUTHERN BELL DATE: May 8, 1992 This item is before you to approve a 60 month extension of the service contract with Southern Bell for ESSX telephone (line and equipment maintenance) services. Southern Bell is offering to extend our ESSX telephone service agreement for up to 60 months at existing tariff prices. These tariff prices will increase after May 13th. By extending the contract we will save approximately 27% from the month to month rate and 12% over their new contract tariff rates. A detailed staff report is attached as backup material for this item. Recommend approval of the 60 month extension of the service contract with South Bell for ESSX telephone services. '. " -,..'" 'V, / liT' DF DELRA' BEA[H 10QI\,jV·,i ~s·,:"'\.jE""'Ju= C)iê,-?-\\ BEACH FLORiGA 33444 407 '243· 7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~bert A. Barcinski, Asst. City Manager, Administrative Services DATE: May 5, 1992 SUBJECT: AGENDA ITEM - COMMISSION MEETING OF MAY 12, 1992 - EXTENSION OF SOUTHERN BELL ESSX TELEPHONE SERVICE CONTRACT ACTION: ---.--- City Commission IS requested to approve a 60 month extension of the Southern Bell Telephone Service contract in the initial amount of $6,546.53 per month. Funding to come from various accounts . As set'vices atoe added or dropped they will be done at the existing unit price amou nts . BACKGROUND: ---------- Southern Bell is offering to extend our ESSX telephone service agreement for up to 60 months at existing ta riff prices. These tariff prices will increase after May 13th. By extending the contract we will save approximately 27% from the month to month rate and 12% over thei r new contract tariff rates. These are local telephone services for ESSX equipment, main-station Ii nes, extension station lines, line featu res, i. e. , 3 way call i ng, call forwarding busy/don't answer, call forwarding variable, call pick up, speed dialing, call hold etc, A listing of all current equipment and existing rates for the quantities listed is attached with a comparison to month to month rates. As equipment/services are added they will be added at the agreement rates not at rates in effect at the time of the addition. R~ÇOMMENDA TION: Staff recommends approval of the service agreement with Southern Bell for 60 month s . THE EFFORT ALWAYS MATTERS .. ~ MEMORANDUM TO: Robert A. Barcinski, Asst., City Manager/ Administrative Services FROM: Amanda Allen, Communications/Systems Trainer ~ DATE: May 5th, 1992 SUBJECT: Southern Bell ESSX Telephone Extension of Contract Attached you will find a contract from Southern Bell Telephone and Telegraph Company. Our current agreement with Southern Bell for ESSX telephone service expires May 13th, 1992. The attached contract will extend our current ESSX service at our previous FCC Tariff rates. This contract can be extended for a period of 36 or 60 months, wh ichever the city chooses. If the city chooses not to extend our current contract, we would then go to a month to month service agreement, which would result in the City paying the current FCC tariff rates. An example of the change is that our current monthly service charge would go from $6546.53 to $8319.00. The subject contract is a "SPECIAL" FCC ta riff offering provided th rough Southern Bell to large customers. By entering into the 36 or 60 month extension of the contract, the City would save approximately 27% over the cost of a month to month service agreement. Please note that Southern Bell is the sole provider of Network Services. If you have any questions, or require additional information, please contact me at extension 7008. /aga attachments · Southern BeD May S, 1992 NOTATIONS Contract Extenlion David Hardin City Manager City of Delray Beaoh 100 N.W. 1st Avenue Delray Beach, Florida 33444 ATTENTION: Amanda Allen Dear Mr. Hardin: SUBJECT: SUMMARY OP EXTENSION OF SOUTHERN BELL BSSX SERVICE Attached is a copy of your Southern Ben Letter of Election for ESSXServioe. This agreement simply extends already existing rates on your ESSX Servioe for another 36 to 60 "- months. The mQnthly bi11ing for this servicc is approximately S 6546.53. This telephone service is a network service available only throu¡h Southern Bell Telephone and Telegraph Company. This agreement does not affect the City's ability to procure telephone equipment which works in conjunction with YOUT ESSX Service. Southern Bell appreciate your busineø; and personally, I look forward to workin¡ with the City of Delray Beach in the future. Your staff is always a pleasure to work with; showing a balance ofprofesaionalism and ¡ood humor. In a business as crucial as communications this is no easy taskt. If I can be of farther assistancc, plcase call me directly at 640-6624 or 640-BELL. Sincerely, ~IOU: &.~ Sylvia I. Cohen Account Manager Attachment " 701 Nortbpoint Parkway; Suite 400; West Palm Beach, F10rida 33407 ., ~ SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY LETTER OF ELECTION FOR ESSX (36 OR 60 MONTH) SERVICE The undersigned Subscriber requests the Southern Bell Telephone and Telegraph Company (hereinafter Telephone Company) to provide ESSX service in accordance with Telephone Company's lawfully fil ed ta ri ffs . Tariff provisions relating to the ESSX service include, but are not limited to, the terms and conditions described below. Subscriber understands that the Telephone Company can provide this service only as set forth in its tariffs and that in any conflict between the tariffs and this letter, the tariff shall prevail. (1) Southern Bell wi" furnish, install and provide' maintenance service for ESSX CONTRACT service including: ESSX Service Common Equipment. Main Station Lines, Extension Station Lines. Group A Features. Group B ~ Features, Optional Service Features and Line !. , Terminating Arrangements. ( 2 ) The subscriber agrees to pay Southern Bell installation and service establishment and ð monthly rate as detailed on Attachment A for an elected service period of either 36 or 60 months. The monthly rate will continue for the elected service period and wi1l not be subject to Company initiated change during such period. Additional services ordered will be subject to additional. applicable rates. There is no installation or service establishment charge associated with the extension of this existing contract as !pp11es to existing service. ",--... / · "" Additional ESSX service may be added as follows: a) Equipment can be added to an existing system at the customer's option: tariff rates charges, terms and conditions effective under the subscriber's existing contract wl1l be appl ied. b) At the customer's option. charges for additions may be paid for over the remainder of the existing system's payment period, and may be added onto the existing agreement, providing at least 30 days remain in the customer's payment period. Payment periods for additions and the existing system will then have a common expiration date. Charge(s) for the addition(s) will be the then current. filed rate(s) for the equipment for the same payment period as the existing system's "" payment period. If the existing system's payment period ;s not in the current tariff. the rate charged for the addition will be that of the next shorter filed payment period in the current tariff. If less than 30 days remain in the payment period for the existing system, additions may only be placed on the one-month payment period at then current rates in effect for the one-month period. c) If the coterminous option for additions is not elected by the customer, additions may then be placed only on the one-month payment period at then current rates in effect for the one- month period. (3) If the service requested by the Subscriber is cancelled prior to the establishment of service. but after the date of acceptance shown below. the " Subscriber is required to reimburse the company for all expenses incurred in handling the request before ., . , . ,~ notice of cancellation is received. Such charge, however, is not to exceed all charges which wou1d apply if the work involved in complying with the request for service had been completed. (4) At the expiration of the service period, the Subscriber may continue the service according to renewa1 options then provided under the tariff. If the Subscriber does not elect an additional service period or does not request discontinuance of service, then the above service will be continued at the monthly rate then currently in effect for month-to-month Subscribers. (5 ) In the event that any item of service is terminated prior to expiration of the applicable service period, the Subscriber is subject to the following charges as provided in the tariff. ~ Station line moves (other than inside moves) will require disconnect of the station line at the existing location, with the application of all appropriate termination charges. Such moves would be treated as a new installation at the new location and be subject to a'l applicable charges. (6 ) The Subscriber is not permitted to suspend service described 1n this letter. (7) With the written permission of Southern Bell. a subscriber may assign the plan to another subscrfber at the same location subject to all provision of the Company tariff. ,r--- , · . CITY OF DELRAV BEACH ADDRESS: 100 N.W. 1st Avenue: Delray Beach. Florida 33444 SUBSCRIBER: CITY OF DELRAY BEACH BV: SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY ACCEPTED: BY: .. TITLE: NOTATION: Date of the establishment of service of the initial system may be entered when service is established. 11..1 *APPROVED AS TO FORM: Assistant City Attorney ~ '. . . . em or DEWY BUCH C'01UU'.N't eOKPARISONS or TOTAL BILL CDIlŒHT JIATIS CO!P.A1ŒD TO TAlUUll CURRENT QTY EXISTING USOC DBSCRIPTION TAR I ff RA TES HON'rBLt H-f-H IATIS 1 1.9S est CommoD equ1pøent 2.0S 1 1.80 abb auto rte .elector 1.55 5 1.75 'w .us lIA1'TDH/'lX 4.75 3 7.05 'w AiS "lA'1/Ø CO 1'0 DDD 8.70 1 1.30 EOX tnlI TIlUf/GlOUP 0.10 5 344.00 BSQ '1!.L'tln. LINI 425.00 6 402.60 IT: TIE LINE ~ElUf 492.00 3 0.00 BYG IX GROUP 0.00 18 479.16 EQA TiO VAT N.U 479.16 3 79.86 EQB MAIm HAlt 79.86 4 106.48 RQC OtnCODlG .NAR 106.48 1 0.85 W CALL liD VWLINE 0.65 297 1336.50 NUS! æDCOH LIHES 3073.95 1 2.85 ACf AU!O Cn.T·'AACX/SYS:œ 10.00 1 7.50 CPWL ECAS/SYSm 8.00 55 145.75 WrG CALL BOLDIS 148. SO 1 3.20 EATlG CALL liD VW5 2.70 1 0.65 ESIPG CALL VAIO: TERK/5 1.20 34 13.60 E3D SPEED CALL 30/LX 8.50 13 19.50 !3BPB SPIED CALLIS 15.60 37 1.85 13M CALL "lt1/GJOU"l 3.70 61 21.35 E3!PG CALL PU/5 73.20 61 207.48 E40PG CALL liD VA1V5 161.65 10 4.50 EWG SPEED CALL 6/5 12.00 47 11.75 E6G!S CALL liD BY/S 56.40 22 146.20 !911'G mlE VAY CALLIS 341.00 SO 84.90 E9GPS CALL liD/lLVS 90.00 3S 31.50 I.NG NlTiOU ACCBSS WIT 0.00 1 0.00 lng Nework acess. I1m1t 0.90 1 1.15 SAX AU'I'OCA t·T BACIlLI 1.30 2 10.60 SAJ'J'G AtrrOt!i t,·RialS 12.00 1 2.15 sms AtrroCALLBACVSYS 0.00 25 88.75 EAliBB UP TO .5 !II 202.50 315 1890.00 '9Z¡ CALC ON ST LI 0.00 267 947.85 BmS UP TO .5 HILES 2162.70 283 56.60 CPVU ECAS/LINE 56.60 107 '32.10 ITS . SU '1'OLL lEST 16.05 15 3.00 'D6 cmc HON'1' 3.75 1 7.40 EIHDA OHB HILI 8.10 1 0.35 Ism CALL iAI'r 0.40 1 0.35 I3!AI CALL !U/LIHI 0.40 4 5..80 E9A mu VAJ/LM 13.60 1 1.45 E9.ü1 1'HRE1 VAY/LINI 3.40 2 16.70 mŒB OHI AND Å BALl !fILE 16.20 8 16.40 EIKAB œm QU,UTEK 64.80 25 0.00 9zr nar calc 150.00 $6546.53 8319.40 -- ¡..~':". . . ., . . " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i ß € - MEETING OF MAY 12. 1992 RATIFICATION OF EDUCATION BOARD RECOMMENDATION DATE: Ma y 8, 1992 The Education Board at their May 4, 1992 meeting voted to support the expansion of the Montessori Magnet Program at S. D. Spady Elementary School. This proposed expansion involves providing a full Montessori program at S.D. Spady from kindergarten through the sixth grade. This action is a change from the recommendations contained in the consensus statement of the City/School Board Joint Task Force. It would support the most recent request from the staff at S.D. Spady to the School Board. Additionally, staff has recommended that the Commission forward a letter to the School Board formalizing its support of the full Montesorri Program. Recommend ratification of the Education Board's recommendation to expand the Montessori Magnet Program at S.D. Spady Elementary School and that the Commission forward a letter of support to the Palm Beach County School Board Superintendent. .. , - >....,. A/ ¿ 1__ [IT' OF DELRA' BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING SUPPORT OF MONTESSORI PROGRAM/SPADY ELEMENTARY SCHOOL DATE: May 5, 1992 ACTION City Commission is requested to support and endorse the Education Board's recommendation to support a full Montessori Program at S.D. Spady, and to send a letter of this action to the School Board Superintendent. BACKGROUND At it's meeting on May 4, 1992, the Education Board voted to support the expansion of the Montessori Magnet Program at S.D. Spady Elementary School to a complete Montessori Program, which includes the 6th grade. Attached is a Division of Instruction staff report on this subject. It is our understanding that this item may appear on the School Board agenda on May 20, 1992. The Consensus Statement, as adopted (copy attached), recommended that a portion of Spady's population should remain as regular elementary K-5 population. Local area children have, for the most part, been enrolled into the Montessori Program. The action recommended will convert S.D. Spady to a Montessori Magnet School, which the Board supports. It appears that this recommendation will need to be taken by the Superintendent to the Education Task Force to recommend a change to the Consensus Statement. STAFF RECOMMENDATION Staff recommends endorsement of the Education Board's recommendation and recommends sending a letter of support to School Board Superintendent, Monica Ulhorn. RAB:kwg Attachment cc: Loren Sheffer Lula Butler THE EFFORT ALWAYS MATTERS .. .' . . - J , . . , CONSENSUS STATEMENT CITY OF DELRAY BEACH, SCHOOL BOARD OF PALM BEACH COUNTY JOINT TASK FORCE The recommendations set forth in this Consensus Sta temen tare intended to help alleviate the widespread negative public perceptions which inhibit achieving and maintaining a proper and stable racial balance in the middle and elementary public schools of Delray Beach. The Task Force quickly reached agreement on the selection of the ninth member of the committee and promply elected Mr. Clarence E. Anthony, Chairman of the Committee by acclamation. I. ELEMENTARY SCHOOLS A. S.D. Spady Elementary 1. The Task Force agreed that Spady should be re- tained and strengthened in its present location; at least a po~tion of Spady's population should remain as regular elementary K-S population; and Spady will not be converted to a total Montessori School. 2. The Task Force agreed that S.D. Spady should be - re-oriented to provide frontage for the school on Lake Ida Road. 3. The Task Force recommends the acquisi tion of six acres of land located directly north of Spady Elementary by the School Board, the City, or jointly by both the School Board and the City to provide a Lake Ida Road frontage for and access to Spady Elementary School. B. Pine Grove Elementary 4. The Task Force agreed that portables should be removed from Pine Grove at the earliest possible time. 5. The Task Force agrees that the City should be encouraged to purchase the property west of and adjacent to Pine Grove. 6. The Tas k Force recommends tha t pine Grove be re- tained as a regular elementary school and that the commitments of the Bond Issues (School Board's and Ci tyt s) be followed. ., '. . \ , - ,- #9 STAFF REPORT April 13, 1~92 ( CONSIDER HEINSTATEHENT OF THE SIXTH GRADE DURING FY95 AT S.D. SPADY ELEI·mNTARY SCHOOL IN SUPPORT OF THE MONTESSORI PHILOSOPHY The principal and staff of S.D. Spady Elementary School are requesting that the sixth grade be reinstated at this school during the 1994-95 school year, the year that the Montessori magnet program will be fully phased-in. '1' his request supports the Hontessori philosophy of education. Maria Montessori based the structure of the Montessori Method on her observations of the development of children. She divided the classroom and curriculum structure into three levels of education in the elementary school: The Preprimary Class (3-6 year olds) The Primary Class (6-9 year olds) The Elementary Class (9-12 year aIds) The structure of the Montessori classroom is built around the concept of three ages of students working together in one classroom. The children stay with the same teacher for three ypc1rs. Each year the third year students graduate to the next level and new first year students arrive. The classroom has a heritage of knowledgc? . Hetun1Íng students who are familiar with the classroom routine help the n8·....1 y arriving students to acclimate to the new E:)nv ironmen t. This structure is very important to the teacher's ability to organize instruction in the classl:oorn. The classroom is a concrete, hands-on ( 0nvironment where children are actively involved. The various ages in each classroom cooperate and learn from one another. ,The younger students benefit from the knowledge of the oldol:" studp.nts who provide direction and challenge for the younger children through exposure to more advanced curriculum. The older children gain confidence and self-respect through this experience and an opportunity to practice leadership skills in the classroom. This is especially beneficial to the twelve-year-old students who are beginning those adolescent years of uncertainty and low self esteem. The curriculum is designed around a three-year cours~ of learning. Since the sequence of instruction varies some....·hat from the traditional K-6 grade curriculum, the children need to remain in the environment for the completion of the entire curriculum. In order to fairly evaluate the l'!O/1 tes sor i Method as an effective academic program offered to parents in Palm Beach County, the Montessori program should be implemented as it was designed, without changes or modifications which might influence our understanding of its suçcess or failure. The Division of Instruction supports this request and recommends that the Superintendent approve the reinstatement of the sixth grade at S.D. Spady Elementary School during t~e, 1994-95' school year. Submitted by: Joseph A. Orr (Contact ORR) "''''', . , - -. \ :L Camille Dorman Joanne Kaiser Elizabeth Decker Mavis Allred --""~"'~'-'_.'- -,..- -.......--,-.,...--------. - _._~._",...... ""---. ~.~" ..,.".......-.--- -,,-.0'. __.._ " '. - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS I FROM: CITY MANAGER \ fìv'! SUBJECT: AGENDA ITEM i ~F - MEETING OF MAY 12. 1992 RESOLUTION NO. 50-92 DATE: May 8, 1992 This is a resolution vacating and abandoning a 12 foot utility easement located within a portion of Parcel V, Abbey Delray South located just south of the L-36 Canal between Homewood Boulevard and the E-4 Canal. In July, 1991 a non-impacting site plan modification was approved to allow the addition of an activities center at Abbey Delray South. Once the building permit application was made, it was discovered that an eight (8 ) inch water main existed in the area of the proposed addition. Therefore, the main has to be relocated, the existing 12 foot utility abandoned, and a new easement dedicated. The water main has been relocated and all review comments associated with this abandonment have been received with no objections. Additionally, acceptance of the replacement easement is located elsewhere on your agenda for action. Recommend approval of Resolution No. 50-92. ,,,'.' · . ~ - -"-.-.-----.-- -- ----------- ---- -- -~--- --- -- RESOLUTION NO. 50-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 12 FOOT UTILITY EASEMENT LOCATED WITHIN A PORTION OF PARCEL V, PLAT OF ABBEY DELRAY SOUTH, AS RECORDED IN PLAT BOOK 41, PAGES 96 THROUGH 98 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, Palm Beach County Health Facilities Authority, is the fee-simple owner of All of the Plat of Abbey Delray South, as recorded in Plat Book 41, Pages 96 through 98 of the Public Records of Palm Beach County, Florida; and, WHEREAS, Robert Scharmann, Agent, has made application for abandonment of a 12 foot utility easement located within a portion of Parcel V, Plat of Abbey Delray South, as recorded in Plat Book 41, Pages 96 through 98 of the Public Records of Palm Beach County, Florida; and, WHE REAS , the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said utility easement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: A 12 foot utility easement lying within a portion of Parcel V, Plat of Abbey Delray South as recorded in Plat Book 41, Pages 96 through 98 of the Public Records of Palm Beach County, Florida, and being described as follows: Commence at the northwest corner of Lot 35 of the Replat of Parcels Wand X and a portion of Parcel V, Plat of Abbey Delray South as recorded in Plat Book 42, Pages 122 through 123 of the Public Records of Palm Beach County, Florida; thence North 45 00'00" West on the said lot northerly property line extension, a distance of 25.27 feet to a point on the Centerline of an existing 12.00 foot utility easement; thence North 45 00'00" East along said easement a distance of 5.62 feet; thence North 45 00'00" West along the South easement line of a 12.00 foot utility easement, a distance of 224.17 feet to the Point of Beginning; thence continue North 45 00'00" West, a distance of 147.26 feet; thence North 90 00'00" West, a distance of 57.43 feet; thence North 00 48'25" West,a distance of 12.00 feet; thence North 90 00'00" East, a distance of 62.57 feet; thence South 45 00'00" East, a distance of 152.43 feet; thence South 45 58'04" West, a distance of 12.00 feet to the Point of Beginning and containing 0.0578 acres more or less. PASSED AND ADOPTED in regular session on this the 12th day of May, 1992 . MAY 0 R ATTEST: . City Clerk 1"1. ~ . <":/ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~~. HARDEN, CITY MANAGER l;~ c~J ~'-}C'VL- THRU: 'DAV J. ~OVACS, DIRECTOR DE ARTME F ANNING AND ZONING FROM: II SUBJECT: MEETING OF MAY 12, 1992 ABANDONMENT OF UTILITY EASEMENT **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of a general utility easement. The easement is within Abbey De1ray South which is located just south of the L-36 Canal between Homewood Boulevard and the E-4 Canal. BACKGROUND: In July, 1991, the Planning Director approved a non-impacting site plan modification to allow an activities center addition at Abbey Delray South. Once building permit application was made it was discovered that an 8" water main existed in the area of the proposed addition. Therefore, this main would have to be relocated, the existing 12t utility easement abandoned, and a new easement dedicated for the relocated water main. The water main has been relocated and all review comments associated with this abandonment have been received with no objections. Furthermore, acceptance of the easement deed for the relocated water main is also scheduled for action on the consent agenda. 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. '. ~ . , City Commission Documentation Abandonment of General Utility Easement Page 2 With the dedication of a replacement easement for the relocated water main, the abandonment of the existing easement will not be detrimental to the provision of water service. 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 12 t utility easement through the enactment of Resolution -92. Attachment: * Location Map T:ABBEYCC.DOC ,..,. · . - ~ 0 ~ ~ ~ ~ 0 c( :r; BLACK OLIVE BLVD. ~ IL. Z 101 .., III: a LINTON BOULEVARD CANAL LATERAL L - 36 BEGONIA ABBEY DELRAY SOUTH ABANDONMENT OF UTILITY EASEMENT ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ¡I FROM: CITY MANAGERf~! VI SUBJECT: AGENDA ITEM :It <6~ - MEETING OF MAY 12. 1992 ACCEPTANCE OF EASEMENT DEED/ABBEY DELRAY SOUTH DATE: May 8, 1992 This item is before you to accept an easement deed from Abbey Delray South located just south of the L-36 Canal between Homewood Boulevard and the E-4 Canal. This easement deed is required as a result of the relocation of a eight (8 ) inch water main within Abbey Delray South. The deed has been properly prepared, has been reviewed by the City Attorney's Office, and is now ready for Commission action. Recommend acceptance of an easement deed from Abbey Delray South for the relocation of an eight ( 8 ) inch water main. '·,1. OJ '. - . ~.../ C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ID T. HARDEN, CITY MANAGER l ICC'-:.x (J\f,,~ \ (t- 'L THRU: ID J. K VACS, DIRECTOR 2RTMENT NNING AND ZONING FROM: ST~. TA R PLANNING TECHNICIAN II SUBJECT: MEETING OF MAY 12, 1992 **CONSENT AGENDA** EASEMENT DEED, ABBEY DEL RAY SOUTH ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of acceptance of an easement deed associated with Abbey Delray South. The project is located just south of the L-36 Canal between Homewood Boulevard and the E-4 Canal. BACKGROUND: This easement deed is required as a result of the relocation of an 8" water main wi thin Abbey De1ray South. In July, 1991, a non-impacting modification was approved by the Planning Director for a new activities addition. After approval it was discovered that the addition encroached upon an existing water main. Therefore, the water main would need to be relocated, the existing utility easement abandoned, and a new easement dedicated. The water main has been relocated and the abandonment of the existing utility easement is scheduled for action on the consent agenda. The deed has been properly prepared, has been reviewed by the City Attorney's office, and is now ready for City Commission action. PLANNING AND ZONING BOARD CONSIDERATION: No Planning and Zoning Board action is required for the review and acceptance of easement deeds. ,;". · - City Commission Documentation Acceptance of Easment Deed Page 2 RECOMMENDED ACTION: By motion, accept the easement deed for the 12' utility easement from Abbey Delray South. Attachment: * Easement Deed and Survey T:ABBEY.DOC lll.L.:) Ulh.":Um~~lt W<.lti }Jr~µar-~d by; - John L. England . Consul-Tech Engineering, Inc. 50 East Sample Road, 4th Floor Pompano Beach, Florida 33064 EASEMENT DEED THIS INDENTURE, made this Ji!.b day of 'b.. , 19ª by and betll.'een 1'llm.3axt1Cotlntv HC';l]th f:lciJities AlIth0rit.y parties of the first part, an the CITY OF DELRA Y BEACH, a Florida municipal corporation in Palm Beach County, State of Florida, ¡>arty of the second part: WITNESSETH: That the parties of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right o~ way and perpetual easement for the purpose of: P,th li... lIt il i t iQSwi th full and free right, liber ty, and authority to enter upon and to install, operate, and maintain such PlIh!ic flti litiø" under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: EASEMENT See attached Sketch and Description Concomitant and coextensive with this right is the further right in the party of the second part, its, successors and assigns, of ingress and egress over and on that· portion of land described above, to effect the purposes of the easement. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the parties of the first part agree to provide for the release of any and all mortgages or liens encumbering this easement. The parties of the first part also agree to erect no building or effect any other kind of constructiOl"l or improvements upon the above-described property. Parties of the first part do hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above- described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. to this Easement Deed set their hands PAR TIES OF THE FIRST PAR T PAUl BEAD! C'QU;\"TY HEALTH FACILITIES l\11l110RITY Typed Name of Witne c-)~~ F8.Øl" ~'"f.:J?,. .' ,/) .¿"'" / .J, , . -::?) . ," . ~~7Lt ¡{V;! .~:L. nBy: -j[¿'<"f /' ", ~~é·,___/ . ( :.:¡--- /J k. -, -. r..:..æ'.Î CY.1BRES, Olal.r . 'f¥ped Name of Witness: Yf;'J¡')¿ /1(::;'. 0~(M &AC~ (~~"ri ¡{c-\/~' fJ..(t 1,7,£5 ~~:>~'''Y . (/0 ~dvJ t/-\-llj'..-J State of Flonda 01~ N.cd, il"àt;'rt Di<.\v.f' County of Palm Beach i'li. i='r\.~ &. (.' ~r~l. ' A{ I ,-. j'J ~ It;: 'f.1 The foregoing instrurrent ....'as acknowledged before me this ~ day of ~' 1992, by Laurie O11bres, 01air of the Palm Beach County Health F ilities Authority, a Florida public body, corporate and politic, on qehal of the Authority. She is personally known to me ·or ~~ ~J..~,-,\...eJ ca:\!'~th" (t"", of i_tìfi=tion~(]')'[ and did Jid/.~t/ ~_1ic r / (IDI'ARIAL SEAL) <~(dN ~. P\øN [J..... Cammission ires: _ Name of No My"",, . -,-- ."'"'.. - ~ Typed . -.. tary 1,1 '.. ". . . \" " \"f 1 '. I. I, . '" . " ' : , \ "i ( " ".... " I . i' . I ' , .' I l' , I' ., I i\." ",'~_:.._. _ _ J_~. __II " ......,"'. _ _ '" "..... "'. ............. ".,.' . A - . . . 12' UTI LITY EASEMENT A portion of Parcel V, Plat of Abbey Delray South as recorded in Plat Book 41, Pages 96 through 98 of the Public Records of Palm Beach County, Florida and being described as follows: COMMENCE at the Northwest corner of Lot 35 of the Replat of Parcels Wand X and a portion of Parcel V Plat of Abbey Delray South as recorded in Plat Book 42, Pages 122 through 123 of the Public Records of Palm Beach County, Florida; thence North 45° oot 00" West on the said lot northerly property line extension, a distance of 25.27 feet to a point on the Centerline of an existing 12.00 foot Utility Easement; thence North 45° oot 0011 East along said Easement, a distance of 5.62 feet; thence North 45° Oot 00" West along the South Easement Line of a 12.00 foot Utility Easement, a distance of 212.17 feet to the POINT OF BEGINNING; thence South 45° 58' 04" West, a distance of 145.72 feet; thence North 43° 34' 34" West, a distance of 75.10 feet; thence North 28° 27' 24" West, a distance of 32.65 feet; thence North 09° 48' 42" West, a distance of 51.81 feet; thence North 00° 48t 25" West, a distance of 79.73 feet; thence South 90° 00' 00" East, a distance of 12.00 feet; thence North 00° 48' 25" West, a distance of 2.09 feet; thence North 89° 11' 35" East, a distance of 4.00 feet; thence South 00° 48' 25" East, a distance of 12.00 feet; thence South 89° 11' 35" West, a distance of 4.00 feet; thence South 00° 48' 25" East, a distance of 68.70 feet; thence South 09° 48t 42" East, a distance of 48.90 feet; thence South 28° 27t 24" East, a distance of 29.09 feet; thence South 43° 34' 34" East, a distance of 61.41 feet; thence North 45° 58' 04" East, a distance of 133.42 feet; thence South 45° 00' 0011 East, a distance of 12.00 feet to the POINT OF BEGINNING and containing 0.1025 acres more or less. \survey\legl\910225 . . - efE CONSUL-TECH ENGINEERING, INC. ConsultinQ EnQineerl . Londplonnerl . Land Survtyorl ~ EOII Somplt Rood 41h Floor Pompano Btach, F'Iorido .33064 (305) 785-8400 -SKETCH AND DESCRIPTION- NOTE: THIS IS ~ ~ SKE:TCH ~ SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON ~ 12' UTILITY EASEMENT .,/,.',1 ~~&,,::.,-.J SEE DETAIL ~ tl00 ",.-/ ",,~.tJ~ ,Jp0'J,' ",.-/ ~./" ./ --í-z' e(1 ./A~ .t::cç: ./ ;/;;';i'P~ &4"'" '\ ~. ~ ~ \ t5'rJ -x./ ~t:ßj'¡J,I( ~__ ,..\ ~ . J~ , ~e"'~ pb~ c¿ \ tI~ 1'):J../ ...."',};,), \ .,ø't5 ~~1./~ i '" ¡ ~ \ jPP t;.# ,li\}tj' ~' .Jt' ~./" -"Ø1tJ'b ,\ ¡J b,4~"" '\~ ".;:. ___/;;--/j,'" \. \ "ß' " ,. ¡ ¡" ---. ~" 1\ ' '/;-::.: '/·t PR¿¿//¿¿,5éD /2' \ . ...... 0. , \ DETAIL 1'\ /:' /Jø~~1 ¿/T/¿/TYé/?5éMM; /'~,£ "" 0"'ð..../,v i\/~/{e.1l;¡' (....¿'/¿:>¿5 4CRes) / I ~ I' ø 4j,~ . . . t /1.1 ), P / ~ I S . ;' I ~ Ò ;.? ! 'V ,I. 'ì ~\ ~r /fl'~ l' ~ d'~' I. ~ /u.~ ! . ~ · ~ ~ ~ I ~ il..:. ~\ 1 / t !ijV \ ~~ l l.... --1/"", ! Ii " :f"Sð" " . ~ Q'-J 'O'{) \ ........,~<;>.:t ""....~ '" /~' ~ ~ ~ .......... '-'". -...;:..."" .. I:). q ,"",,"'~.: -...;;. " I "-:~ I ~\ ~ ~ '~~ '>- I}// '! '" .¿-" .......,,~....... ;' ~ \~ .......... ,æ ~ ~ '. B~f ~~I \ ,\~ ~' P. °e::? " . ~I f'~ a( ~ lIe"" '~/'\ Q /'" t I ." <$ f l'r:v \/ ~ ....... ~~I It, .~/ r~~t\~,¡ ;"- ~ ..y;;.-......~.... ¿o .C/~ "'f! \¡~/ -....... 9': _~!..:::"'/ ' .......... ""c:7'~~"-'" ; I ~ .............. .c>"" __ ~...... . / -9 -.........~~! ~ -"'t.--' .....,. .............. ""'-' """'..,. ~~ .......... LEGEND: <:::> ...<:> C;Y' -""" "", ~ c;¡7-c:;-""¡- -,r? c-.,:-~~ ~ ~/ ;::.-,.--- ~ "'''-<.:''''~'''' P.O.C. POINT OF COMMENCEMENT (IllIG' u- -..... ð .",ð<-~4:,:-,.c:>:~/-3' ß~ P.O.B. POINT OF BEGINNING <: 0":: --= ""---~"'~ . ~C ,~ t CENTERLINE $......<>: -9óó ' .' :..:r- C"' ..........? C)....- " ~ l SEE ATTACHMENT FOR LEGA~ DESCRIPTION I HEREBY CERTIFY THIS DRAWI"IG 15 NOT VALID UNI"E.!:S THAT THE ATTACHED SKETCH AND DESCRIPTION IT 8 ARS AN ~ï'I"I.5.L SEAL .. SIGNATURE CONFORMS TO CHAPTER 2IHH-I.06 (I) (FLORIDA -1{ ADMINISTRATIVE CODE I, MINIMUM TECHNICAL ~. Øt _JirLPftL STANDARDS FOR LAND SURVEYING IN THE STATE Of' FLORIDA, AND IS TRUE AND CORRECT TO THE MAYNA H. THm,'ps~ ATE BEST OF MY KNOWLEDGE AND 8EL:EF. REGISTERED LAN!:: RVUOH NO. 3654 STATE OF FLORIDA UPOATES/ REVISIONS DATE 8Y CI('D NOTE' Thl undertion" ond CONSUL' TECH ENGINEERING, INC. makl no "1)<1"nlOI,O", or OIlO,onll.. oa 10 Ihl complt'tn..a of thl. ,nfo,mation r,fl,et,d h,rlOft øedo,nin9 to lo"",.nt,. '¡Vhtt-of-woJ. ,.'·boc." tint', r".rvO· hona. 00' IIml"'a or at"", mol".. fI/ reco,d This Intl''''''lnl It ..llndld 10 "IIKI or HI forth onl, IhOlt illma ahown In lilt "II'lncn Obo.l. CONSlA.-- TECH ENGINEERING, INC. did nol '".orch Iht publiC rlco,da for moIl"t OIlIC""II 'hi londa ,~. NOTE Thia int1rumtn' It 'hi 1)<0""" of CONSUL-TECH ENGINEERING. INC. and tf'lof1 not be r'l,Odueld In .hol, or ¡,. por' w.thout .'111," p.rmi"lon of ~SUL-TECH NGINEERING. IHC. ~ Job No. ":J/-~.P.?f Drawn By Me Chtektd By M H T f.B. PG. Seolt /'~ -50' ,. '. · " - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS CITY MANAGER t'/,'/ ,I FROM: SUBJECT: AGENDA ITEM i ~H - MEETING OF MAY 12. 1992 AUTHORIZATION TO INITIATE REZONING/HANDY MART DATE: May 8, 1992 This item is before you to authorize the "calling-in" of the water service agreement with the owner of property located approximately 150 feet west of the northwest corner of Barwick Road and Atlantic Avenue (Delray Handy Mart) . This proposed annexation encompasses the east 47 feet of Lot 5, all of Lot 6, and the west 32 feet of Lot 7 , Highland Trailer Park Plat; with initial City zoning of NC (Neighborhood Commercial). With the recent annexation of the Barwick Middle School site, property to the east of this parcel, the Highland Trailer Park and G & C Auto, Inc. have become contiguous. Annexation proceedings have commenced for these properties, with final action continued so that the subject property and property to the west (Lots 1-4 and a portion of Lot 5) can be included in the overall annexation. The Planning and Zoning Board has not reviewed this initiation request. They are scheduled to review the actual annexation request at their May 18, 1992 regular meeting. Recommend approval of initiation of annexation for property described as the east 47 feet of Lot 5, all of Lot 6 and the west 32 feet of Lot 7 , Highland Trailer Park Plat; with initial City zoning of NC (Neighborhood Commercial). '''I. '. - -"'i /" C I T Y COM MIS S ION DOC UM E N TAT ION TO: DAVIDT. H~ITY MJ\NAGER ~~' ~~ - ~ ç: --~ c_S~c....C::::.. THRU: DAVID J. KOVACS, DIRECTOR D~TMENT OF ,PLANNING AND ZONING FROM: PA~O~LANNER II SUBJECT: MEETING OF MAY 12, 1992 INITIATION OF ANNEXATION AND INITIAL ZONING (LOT 6 AND A PORTION OF LOTS 5 AND 7 OF THE HIGHLAND TRAILER PARK PLAT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of initiation of an annexation with initial zoning of NC (Neighborhood Commercial) for Lot 6 and a portion of Lots 5 and 7 of the Highland Trailer Park Plat (Handy Market). The project is located approximately 150' west of the northwest corner of Barwick Road and Atlantic Avenue. Pursuant to Section 2.4.5(C) (Annexation of Territory) the City may initiate an annexation of private property if said right has been delegated via provisions of a water service agreement or other agreement to that end. BACKGROUND: On July 11, 1977 a water service agreement was obtained from the owner of the east 47t of Lot 5, all of Lot 6 and the west 32' of Lot 7 of the Highland Trailer Park Plat. Within the water service agreement the standard annexation clause was included. With the recent voluntary annexation of the Barwick Middle School, property to the east of this parcel, the Highland Trailer Park and G&C Auto Inc. have become contagious. Recently annexations of these parcels have been processed. Final action on these annexations has been continued so that this property and property to the west (Lots 1-4 and a portion of Lot 5) can be included in the annexation petition. Lots 1-4 and a portion of Lot 5 will be annexed via a voluntary annexation and the annexation action will then include the Highland Trailer Park and the entire commercial tract to the south. 1.'1. · ~ City Commission Documentation Annexation - Highland Trailer Park Plat Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board did not review the initiation of the annexation request. The Planning and Zoning Board is scheduled to review the actual annexation request at their May 18, 1992 regular meeting. RECOMMENDED ACTION: By motion, initiate the annexation with initial zoning of NC (Neighborhood Commercial) for the east 47' of Lot 5, all of Lot 6 and the west 32' of Lot 7 of the Highland Trailer Park Plat. Attachment: * Sketch of Area * Aerial of Area PD/CCHIGH.DOC .. '. -. -... ....~ ~ ,_...... ""'~'---'----""""-"----------~.-------.---.,.... ' - - . - ~.......... TRþ>".E R PARK . , I -- .-.. ., -. -_.- ..... - ~ 0 H{(;t(LAND TItAILE2.. PA"-c' C \101..11 N"'~" p.. ,..U'.¡e)cA." ,o,.j « 0 ~ SUNSET PINES ~ U - ~ 0::: « m N - 1 2 3 4 A T LA N TIC DEuu>.y ÇAIU-CEItS µ'·~·A V EN U E C A\JTø INC, 1IØt...\.INT^lt.y ~oAJ 1fO(.11~...It~ fVJÞ.J/ê)( ION 0 0.... TREE oen ~I.IJ NURSERY .xD:: wO xL&.. ~ en '. ·. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Y1'1 SUBJECT: AGENDA ITEM it ~ ~ - MEETING OF MAY 12. 1992 RESOLUTION NO. 49-92 DATE: Ma y 8 1992 This item is a Resolution assessing costs for abatement action required to remove nuisances on 32 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. 49-92 assessing costs for abating nuisances on 32 properties located within the City. ., " .. ------- ... _....~..~...-._----_._-~--"._-------_.__._-~_.._._---- --------_...----.---.--_..._- _______" ,_.._,___..,..__. ______~___~___ _____________m._____________________ ------------------ RESOLUTION NO. 49-92 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 wi thin ten (10) days from the date of said notice, failing which the City of De1ray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), f " ·. ~ :;--- ..::.:=..:.::----.:.::==.::---=-=...:...... :.:-:::.-~-=--~~..:.:=::::::==.-- ---.-:--=::--..::::::---.::::.:::::..=:...==-:.:;::..--.-....:::.:.=.- - ~-=::::::::.:..::::~:~.---=-=~:;~---_._----- ------.- --~.-- _ __ _u.__._~___ ._---- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of B% 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. 49-92 . '. ~ COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TRACT A, LINTON FOREST PLAT 1, LINTON FOREST OWNERS $ 45.68 PUBLIC RECORDS, PALM BEACH ASSN, INC. 23.34 (ADM. COST) COUNTY, FL 1001 LINTON BLVD (RECORDING) (BESSIE STREET) DELRAY BEACH, FL 33444 TRACT B, LINTON FOREST PLAT 1, LINTON FOREST OWNERS $ 45.66 PUBLIC RECORDS, PALM BEACH ASSN, INC. 23.33 (ADM COST) COUNTY, FL 1001 LINTON BLVD (RECORDING) (BESSIE STREET) DELRAY BEACH, FL 33444 TRACTS C & D, LINTON FOREST LINTON FOREST OWNERS $ 45.66 PLAT 1, PUBLIC RECORDS, PALM ASSN, INC. 23.33 (ADM COST) BEACH COUNTY, FL 1001 LINTON BLVD. (RECORDING) (BESSIE STREET) DELRAY BEACH, FL 33444 LOT 4, BLK 23, TOWN OF DELRAY, MELVIN SMITH OR THE ESTATE $ 65.00 PB 10, P 69, PUBLIC RECORDS, OF MELVIN SMITH OR MELVIN 70.00 (ADM COST) PALM BEACH COUNTY, FL SMITH'S HEIRS, DEVISEES, (RECORDING) (SW 5TH AVENUE) LEGATEES, GRANTEES OR THOSE UNDER MELVIN SMITH 215 SW 5TH AVENUE DELRAY BEACH, FL 33444 LOTS 18 TO 20 INC., BLK 5, DORA TROUTT $ 80.00 SOUTHRIDGE, PB 13, P 38, C/O M. REESE 70.00 (ADM COST) PUBLIC RECORDS, PALM BEACH RR4 BOX 238 (RECORDING) COUNTY, FL PERRY, FL 32347 (625 DOUGLAS AVENUE) LOT 22, BLK 32, TOWN OF DELRAY, J.W. & MARGARET YOUNG $ 40.00 PB 6, P 97, PUBLIC RECORDS, 317 SW 5TH AVENUE 70.00 (ADM COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (SW 4TH AVENUE) LOT 1, BLK 6, ATLANTIC GARDENS, RIDLEY TEMPLE CHURCH OF $ 55.00 DELRAY, PB 14, P 63, PUBLIC GOD IN CHRIST 70.00 (ADM COST) RECORDS, PALM BEACH COUNTY, FL 102 SW 12TH AVENUE (RECORDING) (SW 12TH AVENUE) P.O. BOX 958 DELRAY BEACH, FL 33447 LOT 19, BLK 10, ATLANTIC GDNS, EVELYN CLINTON $ 40.00 DELRAY, PB 14, P 63, PUBLIC 111 NE 16TH AVENUE 70.00 (ADM COST) RECORDS, PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33435 (RECORDING) (SW 10TH AVENUE) -3- Res. No. 49-92 'r ~ LOT 20, BLK 12, MONROE SUB., BOBBY A SMITH $ 65.00 PB 14, P 67, PUBLIC RECORDS, 901 NW 2ND STREET 70.00 (ADM COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (606 NW 1ST STREET) N50' OF S356.4' OF E135' OF AD ELENE JENKINS $ 35.42 BLK 24, TOWN OF DELRAY, PB 1, 2076 ILENE COURT #3 70.00 (ADM COST) P 3, PUBLIC RECORDS, PALM DELRAY BEACH, Fl. 33445 (RECORDING) BEACH COUNTY, FL (322 SW 5TH AVENUE) LOT 20, BLK 1, BELAIR HGHTS, EDWARD & BERNADINE KIRK $197.04 DELRAY, PB 20, P 45, PUBLIC C/O SECURITY & INV. CORP 70.00 (ADM COST) RECORDS, PALM BEACH COUNTY, FL P.O. BOX 14970 (RECORDING) (28 & 28.5 SW 9TH AVENUE) NORTH PALM BEACH, FL 33408 LOTS 3 & 4, BLK 8, DELL PARK, RICHARD A COURT $243.81 PB 8, P 56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 70.00 (ADM COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (1012 NE 3RD AVENUE) LOT 11, BLK 38, RESUB OF Sl/2 BEULAH HUNTER $ 35.42 OF BLK 38 & N1/2 OF BLK 39, 248 NE 14TH AVENUE 70.00 (ADM COST) DELRAY BEACH, PB 11, P 34, DELRAY BEACH, FL 33444 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 4TH AVENUE) LOT 14, BLK 1, LAKEVIEW, PB 30, PAMELA S. KOSA $ 29.48 P 10, PUBLIC RECORDS, PALM 3125 LAKEVIEW DRIVE 70.00 (ADM COST) BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (3125 LAKEVIEW DRIVE) LOT 1, BLK C, LAKE HEIGHTS, DAVID Z. EUNICE $ 27.68 PB 30, P 122, PUBLIC RECORDS 31 MILLER ROAD 70.00 (ADM COST) PALM BEACH COUNTY, FL LAKE WORTH, FL 33461 (RECORDING) (118 AVOCADO ROAD) S53.5' OF LOT 15, BLK 121, REGINI VINCI $ 27.68 HIGHLAND PARK, DELRAY, PB 2, 556 ROCKLAND STREET 70.00 (ADM COST) P 79, PUBLIC RECORDS, PALM WESTBURY, NY 11590 (RECORDING) BEACH COUNTY, FL (301 NE 7TH AVENUE) LOT l/LESS RD. R/W/BLOCK 2, COAST LINE PETROLEUM CORP $ 35.42 SOPHIA FREY ADDITION, PB 1, 6662-B BOCA PINES TRAIL 70.00 (ADM COST) P 3, PUBLIC RECORDS, PALM BOCA RATON, FL 33433 (RECORDING) BEACH COUNTY, FL (801 NE 6TH AVENUE) Res. No. 49-92 -4- " ,." . . E1/2 OF LOTS 14 & 15, BLK 2, MARIE CULLERTON, ROBERT $ 80.00 KENMONT, PB 20, P 65, PUBLIC DEANS & JEAN SCHAEFFER 70.00 (ADM COST) RECORDS, PALM BEACH COUNTY,FL 700 E. ATLANTIC BLVD (RECORDING) (850 BOND WAY) POMPANO BEACH, FL 33060 LOT 14, BLK 104, OSCEOLA PK, EMILE & CHARLANTE $109.66 PB J, P 2, PUBLIC RECORDS, FLEURANTIN 70.00 (ADM COST) PALM BEACH COUNTY, FL 343 SE 4TH AVENUE (RECORDING) (343 SE 4TH AVENUE) DELRAY BEACH, FL 33483 S50' OF N245' OF E147' OF WILLIE & BARBARA FLINT $294.80 E1/2 OF LOT 9, SUB OF 20 SW 8TH AVENUE 15.00 (ADM COST) SEC 17-46-43, PUBLIC RECORDS, P.O. BOX 2693 (RECORDING) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 (20 SW 8TH AVENUE) LOTS 1 TO 3 INC., BLK 66, GAC ENTERPRISES, INC. $127.72 TOWN OF DELRAY, (OLD SCHOOL 1052 S. OCEAN BLVD. 15.00 (ADM COST) SQUARE HISTORIC DISTRICT) , DELRAY BEACH, FL 33483 (RECORDING) PB 2, P 81, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NE 3RD STREET) LOT 20, BLK 65, (OLD SCHOOL KELLERCO CONST. INC. $ 49.16 SQUARE HISTORIC DISTRICT), 1000 HOLLAND DR. #5 70.00 (ADM COST) TOWN OF DELRAY, PB 2, P 20, BOCA RATON, FL 33487 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (334 NE 1ST AVENUE) LOT 14, BLK 49, TOWN OF DELRAY, PAUL PROSPERE $ 97.92 PB 12, P 86, PUBLIC RECORDS, LUGENE DORSAINVIL 70.00 (ADM COST) PALM BEACH COUNTY, FL 309 NW 2ND AVENUE (RECORDING) (309 NW 2ND AVENUE) DELRAY BEACH, FL 33444 S60t OF N140' OF W140.6' OF LILLIAN MUNNINGS $ 82.64 BLK 56, TOWN OF DELRAY, PB 20, 303 SW 2ND AVENUE 70.00 (ADM COST) P 55, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING) BEACH COUNTY, FL (303 SW 2ND AVENUE) LOT 49 (LESS S10'), SUNSET ANPE INC. $ 39.42 PARK, PB 12, P 65, PUBLIC P.O. BOX 3215 70.00 (ADM COST) RECORDS, PALM BEACH COUNTY,FL BOYNTON BEACH, FL 33426 (RECORDING) (1005 MANGO DRIVE) . -5- Res. No. 49-92 " '. . LOT 55, SUNSET PARK, PB 12, TOMASA R. CRUZ $ 35.42 P 65, PUBLIC RECORDS, 409 NW 7TH COURT 70.00 (ADM COST) PALM BEACH COUNTY, FL. BOYNTON BEACH, FL 33426 (RECORDING) (MANGO DRIVE) LOT 13, BLK 7, SEACREST PK, DAVID & GINA MURPHREE $ 19.68 PB 24, P 33, PUBLIC RECORDS, 239 NE 22ND STREET 70.00 (ADM COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (239 NE 22ND STREET) LOT l/LESS N20', BLK 61 LUCIUS SIMMONS $ 50.00 (OLD SCHOOL SQUARE HISTORIC 1301 KANAB AVE NW 70.00 (ADM COST) DISTRICT) , TOWN OF DELRAY, PALM BAY, FL 32907 (RECORDING) PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (52 WEST ATLANTIC AVENUE) LOT 3, BLK 47, TOWN OF DELRAY, ROBERT & PATRICIA ALLEN $ 45.00 PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 70.00 (ADM COST) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444 (RECORDING) (206 SW 2ND AVENUE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -6- Res. No. 49-92 " ·. . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~l SUBJECT: AGENDA ITEM # <6 ]: - MEETING OF MAY 12, 1992 ACCEPTANCE OF A PERIMETER LANDSCAPE AGREEMENT AND CONSIDERATION OF WAIVER REQUEST/EXECUTIVE MOTORS DATE: MAY 8, 1992 The first item before the Commission is acceptance of a landscape agreement between Executive Motors and the City, wherein the property owner agrees to provide the required 25 ft. landscape strip along Federal Highway upon widening of Federal Highway or further development of the site as outlined in the agreement. The Executive Motors site is located at the southwest corner of Federal Highway and Avenue "F" (Del Raton Park) . Similar agreements have been approved for auto dealerships in this area based on the rationale that large landscaped areas already exist within the Federal Highway right-of-way. The City Attorney has reviewed and approved the agreement as to legal sufficiency. The Commission is to further consider the granting of a waiver from Section 4.6.16(H) (3) (d) for reduction of the required perimeter landscape strip from 5 feet to the existing width of approximately 2 feet along the east side of Lot 16, Block 14 (east side of the existing building behind Transportation Specialist Auto Use) . The applicant has requested this waiver because provision of the required 5 feet would restrict the use of the existing driveway. At the March 18, 1992, meeting, the Site Plan Review and Appearance Board approved the site plan for Executive Motors, subject to acceptance of the landscape agreement by the City Commission and with the further recommendation that the perimeter landscape waiver be approved (6-0 vote) . Recommend acceptance of the landscape agreement for Federal Highway and approval of the waiver to Section 4.6.16(H) (3) (d) for Lot 16, Block 14, to reduce the perimeter landscape strip from 5 feet to the existing 2 feet for Executive Motors. " '. ../;" ' - .>'1/1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, ~ MANAGE~ ~. ~ \.,_.- ~~ ~_ ~a~c..~ THRU: DAVID J. KOVACS, DIRE TOR ~TMENT OF PLANNING AND ZONING FROM: PAUL DOR~~ER II SUBJECT: MEETING OF MAY 12, 1992 ACCEPTANCE OF A PERIMETER LANDSCAPE AGREEMENT AND CONSIDERATION OF A WAIVER FROM SECTION 4.6.16(H)(3)(d) PERIMETER LANDSCAPE STRIP REQUIREMENT FOR EXECUTIVE MOTORS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is acceptance of a landscape agreement between Executive Motors and the City. The agreement is to provide the required 25' landscape strip along Federal Highway upon widening of Federal Highway or further development of the site as outlined in the agreement. The City Commission is also to consider granting a waiver from Section 4.6.16(H)(3)(d) for reduction of the required perimeter landscape strip along the east side of Lot 16, Block 14 from 5' to the existing width of approximately 2t. The subject property is located at the southwest corner of Federal Highway and Avenue F. The property is known as Executive Motors and includes Lots 11-16 and Lots 28-44, Block 14 of Del Raton Park. BACKGROUND: A site plan approval was granted by the Site Plan Review and Appearance Board on March 18, 1992. The site plan approval involved upgrading of the site to meet the current AC code with the exception of two areas. The first was the area east of an existing building which fronts on Federal Highway. The applicant requested that the 25' perimeter landscape strip required pursuant to Section 4.3.4(H)(6)(b) be deferred to either the widening of Federal Highway or until certain improvements are made to the existing building or property between the building and " '. ~ City Commission Documentation Executive Motors Page 2 Federal Highway. Similar agreements have been approved for auto dealerships in this area based on the rationaJe. that currently a large landscaped area already exists within the Federal Highway right-of-way. The City Attorney has reviewed and approved the landscape agreement as to legal sufficiency. The second, was an area along the east side of Lot 16, Block 14 (east side of the existing building behind Transportation Specialist Auto Use). This area has existing improvements of a driveway and 2' perimeter landscape strip. The applicant has requested a waiver from Section 4.6.16(H) (3) (d) which requires a 5' perimeter landscape strip because provision of 5' would restrict the use of the existing driveway. SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION: At it's meeting of March 18, 1992 the Site Plan Review and Appearance Board reviewed and approved the site plan for Executive Motors. The Board approved the request subject to acceptance of the landscape agreement for Federal Highway by the City . Commission. The Board further recommended approval (vote of 6-0) of the perimeter landscape waiver for Lot 16, Block 14 from 5' to the existing 2'. RECOMMENDED ACTION: By motion, accept the landscape agreement for Federal Highway and grant a waiver to Section 4.6.16(H)(3)(d) for Lot 16, Block 14 to reduce the perimeter landscape strip from 5' to the existing 2'. Attachment: * Landscape Agreement * Site Plan PD/CCEXEC.DOC ' ,. \ f ~,~~~r ,::~~~ . ,,-,;,;.;,, !',-~ . ~~ ::~ . ~~,~-'. ,<4 t . ~~~J.:, '~ I ~ ~~. .. ..... r:~ '." ,i:'i, ;::~;~: - _. ~':.~ , .' . "".,. . . :Þ ,- co -- ¡ co --.... ~:. 0 i ( z ---' .. : ! 'c· . . i . J m' D L~ t:) ,~ ! a j - f! --. .. ----i I D ~ l = a I .¡ ---J I n . j :.:i).:;¡ ; '. _. . -- - D " ,) i ·11f;: . . 1,;-: . ~,.'t. !:~'r' , D ~tji ~ <~ [.: . ·.~...s; .- r Jr"'. r··.... I .-- '4'"·t·, ( ...i~f ~J." I 14' .... -..' 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( _ I _ O£l.RAY 9 _ _':L_ w ,..- _t". 8 AVENUE D PLAIA - ':3 a - ï L- - I- ~ t"'" .c.\ - - ,\\- \' ~ - SHERWOOD RAlPH 8UICK G\¡AC TRUCKS - - AVENUE F ?ë AVENUE' --:::: ~ ~ 5i ~ "'~ IV 'Y'X" I \ :::-:::: - - ~ b< > i) " ----- 1111..~~ = - -- ... ...- - - - ó - -~- ~ - . ...--- - w ~ ---1 - -- . ~ ~ _ r""~- ~ ~ -- AVENUE C W I.VENUE 0 -- - -- ..... --',-- -, , ~ ...-- ,- - -- OEWY - ,...:::: ;", - - _:1- -- TOYOTA .- ::. ~ - ~I _ "'-_16- ~I r:.. _ - c:.--il _ = \ \,-- - - AVÐtU£ IA-.....r IA-.....r - ::::1 _ _---II t--- -, - - - I--- --- I-- __ ---:.. --11 i--- ___ - --II --- ,- ~I , -.- - 1 - ~, - --t ¡.--.-J - ....-II _ \\\ r-.-J -- ~ -- ~I I.V£NUE ,,--..... - -'-- ---' - --~I t--- \,- --i ....-- I-- -....-' t-" - .wI ~- --' ~~I --I I t:: , - '11 E~ECU1\VE MO'TORS i'~ \ - , - -1 ~I ¡ !!! ·, -- . " AGREEMENT PERTAINING TO PERIMETER LANDSCAPB STRIP I I I This Agreement is entered into this .}) f~ day of I April, 1992 between DANIEL CASEY, Trustee (hereinafter referred to as "OWNER") and the CITY OF DELRAY BEACH (hereinafter referred to I as the "CITY"). WHEREAS, OWNER applied to the CITY for Site Plan Approval in the Automotive Commercial Zoning District to permit the I I utilization of the real property described below consistent with I the uses allowed in said zoning district. The real property is , described as follows: I Lots 28, 29, 30, 31 and 32 Less the East 2 feet thereof, Block 14, I and Lots 33 through 44 inclusive, Block 14, all of DEL RATON PARK, I according to the Plat thereof, recorded in Plat Book 14, Pages 9 and 10 of the Public Records of Palm Beach County, Florida. and Lots 11 through 16 inclusive, Block 14, DEL RATON PARK, according - to the Plat thereof, recorded in Plat Book 14, Page 9, of the Public Records of Palm Beach County, Florida, together with any and I' all rights to that certain 10 foot service alley abandoned by Palm I ~. Beach County as more fully described in that certain Palm Beach County Resolution No. R-84-392, recorded April 26, 1984 in Official Records Book 4222, Page 1625, of the Public Records of Palm Beach -,' County, Florida. (All of the above real property being collectively hereinafter referred to as the "Real Property") WHEREAS, the Owner's Real Property is located north of Avenue .G lying between Dixie Highway and Federal Highway and south of Avenue F in the City of Delray Beach; and WHEREAS, one of the conditions for approval of the site Plan was the entering into of an agreement with the CITY pertaining to the perimeter landscape strip to be provided along Federal Highway. ( NOW THEREFORE, for One Dollar ($1.00) and other good and / valuable consideration, the receipt and sufficiency which is acknowledged from each party to the other, the parties hereby agree as follows: 1. The above Whereas clauses are true and correct and are incorporated herein by reference. --- '. '. . . " 2. The OWNER hereby agrees that the perimeter landscape strip along Federal Highway as required by the then applicable city Code of Ordiances shall be provided in the event any of the following occur; (i) the customer parking east of the existing building adjacent to Federal Highway (the "Existing Building") is converted to display parking, (ii) if the parking or accessway east of the Existing Building is modified to add additional parking for either display or customer parking, (iii) if the Existing Building is demolished, reconstructed or if additional square footage is added to the building or (iv) upon widening of Federal Highway. 3. This Agreement shall be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOP, the parties have executed this Agreement on the date indicated above. &;¡4~ -- ., ) /C BY 1 _----L-- ' '-~ Daniel Casey, Trustee :...~ - ¡;:¡¿Át¿LJj - 9k - ~ itness CITY OF DELRAY BEACH, FLORIDA .' BY Witness ,/ Witness ; ATTEST: city Clerk Approved as to Legal Sufficiency and Form: f " ; I ! city Attorney : -' 'f '. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~ SUBJECT: AGENDA ITEM i ~K - MEETING OF MAY 12. 1992 AWARD OF BIDS AND CONTRACTS DATE: May 8, 1992 This item is before you to approve the award of the following bids and contracts: 1. July 4th Fireworks Display - Grucci, Inc. in the amount of $24,000 with funding from Commission Special Events (Account No. 001-1111-511-33.81) and private donations. 2. Cemetery Road - Asphalt Construction of Palm Beach, Inc. in the amount of $54,252.82 with funding from General Construction Fund- Cemetery Entrance Road (Account No. 333-4511-539-61.39). 3. Rental Rehab - 102-128 S.W. 13th Avenue - MJD Construction Services in the amount of $212,277 (City's Share $99,000) with funding from Community Development Rental Rehab (Account No. 118-1975-554-60.23). 4. Two (2 ) 3/4 Ton Trucks - Parks and Recreation - Duvall Ford (State Contract) in the amount of $24,826 with funding from General Fund Park - Automotive (Account No. 001-4131-572-60.84/$12,000) and Beautification Trust Fund - Automotive (Account No. 119-4144-572-60.84/$13,000). Recommend award of the above bids and contracts with funding as indicated. '. '. ... . Agenda Item No. : AGENDA REQUEST Date: April 29. 1992 Request to be placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: May 12. 1992 Description of agenda item (who, what, where, how much): RFP Award - July 4th Fireworks Display ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to highest evaluated proposer, Fireworks By Grucci, Inc. at a cost of $24.000. / í .j~ ,/ ~ /'J J/ ~epartment Head 'Sign~ture:~~AÎ~1c~4~ I/Þ9/9~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO (if applicable) Funding alternatives: Account No. & Descr¡ttion: Cl)1 ¡/II 51! 3.3 ~I Cry C_~/U/O/V- (e... Account Balance: ~ tJd~!:!t- gEer~ ~~ {l$J City Manager Review: {ij/ NO 1 Approved for agenda: ¿Yf¡v I Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved N,c,. ~~ PIcQ.s.JIJo : p~!/-..r-.J... t../,o-Yw- lM-reVPl'1t;;;;roJ'TLAi/~ 7k,NS Æ- c B4t.Arlc.e.. vp 7D 13*"'}cO. '. " ... . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ If~-- Administrative Services FROM: Ted Glas, Purchasing Officer 0·~ ,1 DATE: April 29, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 12, 1992 - RFP AWARD - RFP #92-36 JULY 4TH FIREWORKS DISPLAY Item Before City Commission: The City Commission is requested to award a contract to the highest evaluated proposer, Fireworks By Grucci Inc., at a cost of $24,000. Per the Budget Office, funding is from: ( ) . Background: Funds are allocated in the FY 90-91 budget for fireworks in the amount of $8,000., with the remaining funding per attached memo from Director of Parks & Recreation. RFP's for the July 4th fireworks display were received on April 21, 1992 from three (3) firms, all in accordance with City purchasing procedures. (RFP #92-36. Documentation on file in the Purchasing Office. ) A tabulation of proposals is attached for your review. The Director of Parks & Recreation has reviewed and evaluated the proposals, and recommends award to the highest evaluated proposer, Fireworks By Grucci, Inc., per attached memo. Recommendation: Staff recommends award to the highest evaluated proposer, Fireworks By Grucci, at a cost of $24,000. Funding as stated above. Attachments: Tabulation of RFP's Recommendation from Parks & Recreation Reference Checks pc: Joe Weldon " . . [ITY DF DELRAY BEA[H i\' !-,1 . U: : ) ~ ~ t ~, ~ t '·1 : ~ ' I .' .. , ., MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Fireworks Display DATE: April 27, 1992 On April 21, 1992, proposals were received for the July 4th fireworks display, budgeted at $24,000. Three proposals were received with Zambelli International submitting two separate options. The specifications asked for a 25 minute display with no shells smaller than 3" in diameter, with the successful proposer providing the barge, personnel, insurance, etc. Attached is a spread sheet comparing shell size, their percent of the total, and the total number of shells bid by each company. Please note that Grucci Fireworks included special effects in their percentage for the total shells bid. Since these are smaller than the required 3" diameter shell, their overall percentage of the shell was refigured on our spread sheet, deleting the special effects shells. Grucci Fireworks appears to be the best proposal in that they offer more total shells (2,000) than either option A or B of Zambelli, and also a larger number of shells by shell size than either of the Zambelli options. Three references given by Grucci Fireworks were contacted and all were very satisfied with their fireworks display (see attached). There is $8,000 in account #001-1111-511-33.81 for the fireworks display. I have contacted the City Attorney office to draft an agreement with Dan Burns concerning the financial responsibility of the remaining $16,000. Please place this on the May 12th agenda for City Commission consideration. Jd~ W~ld~n r".' .-- Dir+ctor of Parks and Recreation cc: David Harden, City Manager THE Ef+Ofn Ai\N/\YS MATH::RS '. , . 1992 FIREWORKS PROPOSALS SOUTHERN FIREWORKS I GRUCCI ZAMBELLI A I ZAMBELLI B , I I NUMBER I i I I SHELL i NUMBER I PERCENT i NUMBER I PERCENT NUMBER PERCENT PERCENT SIZE , I I ¡ i i I I i ~ I I ì I I 3" i 390 49.06% ; 1100 55.00% 920 I 65.16% I 420 39.96% i I I i I i 4" 155 19.50% 400 20.00% 220 15.58% I 320 30.45% ! I ' - 5" I 129 16.23% 240 12.00% 137 9.70% 157 14.94% 6" ! 99 12.45% 180 9.00% 97 6.87% 106 10.09% ! \ \ , , i 8" 13 1.64% I 60 3.00% 20 1. 42% 24 2.28% , ¡ 10" i 7 0.88% I 15 0.75% 9 0.64% 12 1.14% ! \ 12" I 2 0.25% I 5 0.25% 5 0.35% 7 0.67% I I I I Specials I I 4 0.28% 5 0.48% i Subtotals I 795 ì 100.00% i 2000 100.00% ¡ 1412 100.00% 1051 100.00% I I I ¡ ¡ I I Special i I ¡ Effects \ 0 \ 1000 ! 1040 1040 ! i i I I , 3000 2452 2091 i Totals ¡ 795 I I j '. . - . MEMORANDUM TO: Joe Weldon FROM: Carole Pierpont SUBJECT: Grucci Reference Checks DATE: April 23, 1992 This date I called the references listed by Fireworks by Grucc i , Inc. Following is the gist of my conversations: l. I spoke with Ken De Angelis of the Jensen Beach Pineapple Festival (407/334-8920). He said that Grucci was not cheap, but very good. The display that Grucci did for their Festival was 18 minutes long. He was very satisfied with their work, and would definitely recommend them. 2. I spoke with Grace Bieber of Arvida Management Ltd. (305/ 384-8000) . She said that she would recommend Grucci. Arvida paid $35,000 for a 20 minute display. She said that her ground crew felt that Grucci was slightly easier to deal with than Zambelli, although there was music in the Zambelli show and none in the Grucci show. She was very satisfied and felt she got value for the money paid. 3. I spoke with Margaret Tamsberg of Sunfest of Palm Beach (407/ 659-5980). Grucci has used Ken Kettner as the contact name, but he was unavailable as his is a volunteer position and he keeps no regular office hours. Sunfest had used Grucci the year before last, and will be using them again this year. She said the show Grucci had put on for them the year before last was a very large one, about 20 - 30 minutes in length, choreographed with music, and costing somewhere between $50,000 and $100,000. She would recommend them as they are very reputable, and she said they are using Grucci again because they had done an excellent job before. She said she would try to have Mr. Kettner call us with more particulars, contingent upon his availability. , '! ·, ., . Agenda Item No.: AGENDA REOUEST Date: May 4, 1992 Request to be placed on: ~ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: May 12, 1992 Description of item (who, what, where, how much): Staff requests City Commission to approve construction contract for Cemetary Rd. Proiect 91-013. to Asphalt Construction of Palm Beach. Inc. in the amount of $ 54.252.82. Funding for this proiect will be from 333-4511-539-61.39 (1987 Utility Tax Fund). The original budget for this proiect was $ 125.000. The lowest responsive bidder was $ 70.747.18 below the budget amount. ORDINANCE/RESOLUTION REQUIRED: YFS/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval. ð3r Department Head Signature:~~~~ -~ .s-/S-;r7 Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~ired on all items involving expenditure of funds): Funding available: ! E /NO Funding alternatives (if apPlicab~ Account No. & Description~6-4gj-s:3t1.wl-~ œM~~Y ~Ní æ r!DAO Account Balance log J~'-.ID City Manager Review: Approved for agenda: ~/NO f11-1 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved '. . '1/-/03 u I r.,AR-31-92 TIJe: 9:49 Schorah~Assocl~t.s P.0::......"'::. BID LIST - CEMETERY ROAD TOTAL BID 1. Hardrives of Delray Attn: Ralph Ba1lestero .,?!£ 278-0456 Fax #278-0456 bJ:88C 2. Rosso Paving - Lake Worth Attn: Joe Rosso J;'/o 585-3258 Fax '585-3270 ~6 Scott Fowler ¿."!¡j../7 ,~ 3. pavex - Pompano Beach Þ.ttn: (305) 428-8712 Fax #(305) 429-9637 ACt Asphalt Construction lI.ttn: Dave Rauner .;'..1 :../ 863-6837 Fax '845-6917 ..5 t,;;5J 5. Whiteside Paving lI.ttn: John Everett ¿Ç7 c/&C/' 471-7696 Fax 1471-9351 " 6. R.P. Hamby, Inc. Attn: Ed Schwab .../ 471-5301 Fa>: #697-9723 b0~c/?5 - 7. Sullivan Bros. - Pompano Attn: Sean Sullivan (305 ) 786-0041 Fax #(305) 941-8277 8. Ocean Bay Construction Attn: Ron Penta ;:ji (305) 960-0130 Fax #(305) 960-0130 76; 371 \ 9. Colonna Constr. - Oakland Attn: Mike Patel ?,~ (305) 484-6225 Fax # (305) 484-0905 8~ /6ß 10. CSR Construction - Deerfie1D Attn: Paul Arcella ;7 -0 7./~ d'::. (305) 421-1264 Fax' (305) 421-1601 1l. Big 'D' Paving - West Palm Attn: Don White 640-3276 Fax 3640-3450 12. Golden Eagle Attn: Steve Kelly (305) 972-6556 Fax '974-3982 13. Florida Blacktop Attn: Chris .liJ (305) 979-5757 Fax t (305) 979-5972 73 113 - J 14. Rickman Industries - Pompano Attn: Rene Castillo 6~ 5'/0 ,~ (305) 426-1042 Fax #(305) 426-0717 15. Cabrera & Rego, Ent. Attn: 65": 7/7 Ju 107 Sandpiper Avenue - Royal Palm Fax #795-5298 Mail Address - 112 S.W. 9th Ave. 795-7277 Boynton Beach . '. . !;' ... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . ¡ 0 0 0 ~ CO 0 .... ID 0 0 0 0 CO 0 N I-" c:: c:: c:: ~ ..;. .,; ..;. ,;. c:: c:: c:: .,; CO c:: N Z 'If) 0 N ;;; N '" r- .... N '" 0 ;; 0 '" CO . r- ~ .... 0 "" ~ r- CO N N '" '" '" "" <:> CO N ~ Ö iI> ,.; ..; ,.; ,.; ,.: ~ .; .; .; · ID ID '" ~ I ~ ~ ... '" .:( 0 0. ..; ... ~I z ~ I 0 <:> <:> 0 0 <:> 0 0 0 <:> <:> 0 <:> <:> <:> .~ I-"W <:> <:> <:> ~ N N ~ .... <:> '" '" 0 .... 0 .... lID \.< c:: c:: c:: N .,; N .,; .; .,; ~ -0 ~ ID "" '" N ~ 0 Z- If) <:> N If) N N .... 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V! .¡J N 8 'd ILl 0 U e If.I ;:: ~ . .¡J - u .... H ~ i .... C) t' ex: u g, III ~ .... .! ~ '8 oIJ ~ Ü Q ~ cr Z .... a: >< .... ~ § .~ C/ 0 .. w u I- .¡J C/ . - ù 0 u ~ If) .... ~ C/ ,.: N ft -' z .... Do ...... ~ ~ 't ~ 0 :><:: .... 0 . III . . - . ~ C I- .... 0 .¡J .¡J ... .... N 00 '" ~ -' z a: v v U p C/ N U - - - C/ 0 '" w c( 11.1 III c( ... -. ~ ... ~ :::¡: 0 0 0: 0: we> \D .... 00 '" 0 - N .... ... ~ \D .... oo 0 - 0 w - - - - N N N N N N N N ãi D. D. I-Z l- I- a: ¡ ,t . Agenda Item No. : AGENDA REQUEST Date: APRIL 30, 1992 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: MAY 12,1992 XXX CONSENT AGENDA Description of item (who, what, where, how much) : CASEI ADDRESS RR AMT. INVESTOR' S SHARE 91-008RR 102-128 S.W. 13TH AVE. $99,000.00 $113,277 .00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: RECOMMEND APPROVAL WITH FUNDING FROM ACCOUNT #'S 118-1975-554-60.23 (RRP SHARE) AND 118-1975-554-34.81 (INVESTOR'S SHARE) (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~ ' ~ Department Head Signature: /~tP ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO I Funding alternatives: (if apSCable) , Account No. & DeSCriptiOn: I/J~r&~¥ Gð Z, c.~"f&l""~ ø:.Þ P~NP- (lhDC---Account Balance: . ..# . 2. ~ IIÞ.,$""'¡~ 6 . /I B I 7.S'" ~4- 3'+ III o.N",. Jèv~T IVr\Jp- City Manager Review: (//sq?'-'Of) C, nëeV M"tR.f-/ Approved for agenda: @/ NO z/Yl Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ~ ~ce APretl- MIIJ~ ~VTI..rJ - /hDtJ'S / '. ,t - . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ Administrative Services FROM: Ted Glas, Purchasing Officer ø/r DATE: May 4, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 12, 1992 - BID AWARD - BID #92-21 RENTAL REHABILITATION PROGRAM Item Before City Commission The City Commission is requested to award a contract to the low bidder, MJD Construction Services, Inc. , for rental rehabilitation project as listed below, at a cost of $212,277. Per the Finance Department, funding for the Cityts participation is from: ( ) . Background: The Community Development Division handles and process its own formal bids on rental rehabilitation projects. Purchasing review of Bid #92-21 finds it to be in compliance with City purchasing procedures. Property Contractor Amount 102-128 SW 13th Ave MJD Const. Services $212,277. (The City's Share - $99,000.) The Director of Community Improvement has reviewed the bids and recommends this award. Recommendation: Staff recommends award to the low bi~er, MJD Construction Services, Inc., at a contract amount of $212,277. Funding as outlined above. Attachments: Memorandum from Community Development Bid Information Sheets pc: Lula Butler '. .. - M E M 0 RAN DUM ':'0: OAVID HARDEN, CITY MANAGER COMMUNITY DEVELOPMENT COORDINATOR ~~ FROM: DOROTHY ELLINGTON, THRU: LULA BUTLER. DIRECTOR COMMUNITY IMPROVEMEN~ ÐATE: APRIL 30, 1992 SUBJECT: RENTAL REHABILITATION PROGRAM/CONTRACT AWARD ITEM BEFORE THE COMMISSION ~his lS to request approval of one Rental Rehabilitation Deferred Loan for fourteen (14 ) rental units. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The program provides for the rehabilitation of investor owned substandard units, located within the CDBG Target Area. Contract awards are based on actual cost of the rehabilitation to an e 1 iglble structure. Owners are eligible for a dollar for dollar C'1atch of Rental Rehabilitation Funds for total cost, not to exceed $8,500 per unit. Community Development staff provides the detailed work write-ups, cost estimates for work specifications, and bid process for all ellg1ble structures. Investors are requlred to escrow their share of the cost with the City pJ::"ior to the issuance of the No~ice to Proceed. Inspection of work will be done by the Community Improvement Department's Building and Community Development Divlsions. Contracts wi).l be executed between the building contractor and the property ovyner. The City remains the agent a.nd this office monitors all work performed by the contractor ensuring compliance according to specifica~ions and program gUldelines. Pay requests require both contractor's and owner's signatures. Funds are disbursed on the basis of a dollar for dollar match of the owners share with the Rental Rehabilitation E'unds. The owners and properties have met the eligibility "t"equirements as specified in' the Rental Rehabilitation Program aescription. getailed work write-ups and individual files are available for review at the Community Development Office. RR14/PGl " '. . . RECOMMENDATION Staff recommends the awarding of a Rental Rehabilitation Loan for che following: ::ONTRACTOR PROPERTY RR DEFERRED INVESTOR ADDRESS LOAN SHARE ;V\JD CON ST. SV'S 102-128 SW 13TH AVE. $99,000.00 $113.277.00 RRL4/PG2 '. '. . ' - CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID IÑFORMATION SHEET BID #: 92- 21 APPLICANT: REEVE BRIGHT APPLICATION #: 91-008RR ì?ROJECT ADDRESS: 102-128 SOUTHWEST 13TH AVENUE DATE OF BID LETTERS: RE-BID 4/1/92 PATE OF BID OPENING: 4/9/92 NAME OF CONTRACTORS .AMOUNT OF BID ABISSET CORPORATION $ B & JR CONSTRUCTION $ CSB CONSTRUCTION, INC. $ 1ST CONSTRUCTION OF PALM BEACHES $ 286,340.00 GAMZO, INC. $ 239,493.00 GREGORY CONSTRUCTION INC. $ HENRY L. HAYWOOD $ INTERCONTINENTAL CONSTRUCTION CORP $ 245,950.00 MARK GRIFFITH $ MJD CONSTRUCTION SERVICES $ 212,277 .00 MSL CONSTRUCTION, INC. $ M.S.S. CONSTRUCTION $234,149.07 (NO BID BOND) PRESTON CONSTRUCTION $ PAUL GEORGE BUILDERS $ RAY GRAEVE CONSTRUCTION INC. $ IN - HOUSE ESTIMATE: $ 241.700.00 CONTRACTOR AWARDED CONTRACT: MJD CONSTRUCTION SERVICES BID/CONTRACT AMOUNT: $ 212,277.00 COMMENTS: LOW BIDDER BIDFORM/PGl 'I .. Agenda Item No. : AGENDA REQUEST Date: May 8. 1992 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: MRY 12. 1992 Description of agenda item (who, what, where, how much): Purchase Award - Two (2) 3/4 Ton Trucks for Parks Department. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Duvall Ford at a total cost of $24,826. via Florida State Contract. / 1{ø¿~ ;7 f/ /. ~ pepartment Head Signature: ~Aj(~,~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if apPliC~e) Account No. & Description: ~I JfI3/S7. 2.60 R'f 6eNhnvO-P~- M07Ju,¡;¿ o ~ ___ Account Balance: /~ OÓo r r....-v- lIe¿ WWS7¿ 60g Y- ~~"'IJ""'O -~cT7T1JE Ci ty Manager Review: ..)f/~Ø() Approved for agenda: @/ NO /S?v/) Hold Until: v ' 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 !¡/J/ DATE: May 8, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 12, 1992 - PURCHASE AWARD TWO ( 2) 3/4 TON TRUCKS FOR PARKS DEPT. Item Before City Commission: The City Commission is requested to award a contract to Duvall Ford for two (2) 1992 Ford F-250 trucks, at a total cost of $24,826. Per the Finance Department, funding is from: ) ( ) . Background: Funds were placed in the Park Department FY 91-92 budget for these trucks under the direction of the Vehicle Maintenance Division of the Environmental Services Department. These trucks are available via Florida State Contract as listed on attached work sheets. The Fleet Maintenance Superintendent has reviewed the contract and recommends award. Recommendation: Staff recommends award to Duvall Ford, at a total cost of $24,826. Funding as outlined above. Attachments: Memo from Fleet Superintendent Contract Work Sheets pc William Greenwood ., '. - . MEMORANDUM To: Ted Glas, Purchasing Director From: Jerry Rude, Fleet Superintendent ¢iJ SUBJECT: VEHICLE REPLACEMENT Date: May 5, 1992 Please find enclosed, two (2) 1992 Ford F-250 trucks for Parks & Recreation. (1) 1992 F-250 is for Parks Maintenance. 11 ,845.00 Account Code #001-4131-572-60.84 (1) 1992 Ford F-250 is for Parks Beautification 12,981.00 Account Code #119-4144-572-60.84 --------- TOTAL 24,826.00 These vehicles were placed in Joe Weldon's budget last year for additional vehicles for his department and was approved. JR/dk cc: William Greenwood, Director of Environmental Services Richard Corwin, Deputy Director of ES/PW File: Memos To Purchasing " " - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERUfJ1 SUBJECT: AGENDA ITEM 4t ~L - MEETING OF MAY 12. 1992 AUTHORIZATION TO TRANSFER FUNDS/CASON COTTAGE PARKING DATE: May 8, 1992 At the May 5, 1992 workshop meeting the Commission, by consensus, favored the concept of expanding the parking area and access to Cason Cottage. Following the direction of the Commission, staff has identified excess funding in the 1987 Utility Tax Fund - Cemetery Road project (Account No. 333-4511-539-61.39). The budget for the Cemetery Road project is $120,000. The actual bid for this project came in at $54,252.82. Therefore, this item is before you to authorize staff to transfer funding in the amount of $33,100 from the Cemetery Road project to fund the Cason Cottage project. These funds will be used to complete design work, land use applications, and construction. Recommend approval of the request to transfer $33,100 from the 1987 Utility Tax Fund - Cemetery Road Project (Account No. 333-4511-539-61.39) to 1987 Utility Tax - Cason Cottage Parking Expansion (Account No. 333-6111-541-60.89). '. . ~:./;,'--1 [IT' OF DELRA' BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH. FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: WRobert A. Barcinski, Assistant City Manager/ Administrative Services SUBJECT: AGENDA ITEM/CITY COMMISSION MEETING MAY 12, 1992 BUDGET TRANSFER/CASON COTTAGE PARKING EXPANSION PROJECT DATE: May 2, 1992 ACTION City Commission is requested to approve a budget transfer in the amount of $33,100 from the Utility Tax Fund account #333-4511-539-61.39 Cemetery Road project, to Utility Tax Fund account #333-6111-541-60.89 Cason Cottage Parking Expansion program. BACKGROUND Per City Commission direction, the Finance Director has identified the Utility Tax Fund as an alternative source for this project. The budget for the Cemetery Road project is $120,000. The bids for this project reflect a need for approximately $65,000, leaving a balance of approximately $55,000 that can be used for other projects. The budget transfer is needed in order to complete design work for the Cason project and process the proposal through appropriate boards. The transfer amount includes funds for construction. RECOMMENDATION Staff recommends approval of the budget transfer. RAB:kwg THE EFFORT ALWAYS MATTERS '. '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ,'1// SUBJECT: AGENDA ITEM i 8 M - MEETING OF MAY 12. 1992 RENEWAL OF AGREEMENT/STORMWATER MANAGEMENT ASSESSMENT DATE: Ma y 8, 1992 This item is before you to approve the renewal of the agreement with the Property Appraiser's Office for the uniform collection of stormwater utility fees. Previously, the Commission approved a similar agreement with the Property Appraiser's Office; however, that agreement did not include an automatic renewal clause and therefore, a new agreement must be approved. This agreement is identical to the document approved last year with the exception that it requires the City to be responsible for the defense of any claim or litigation arising from errors that may exist on the assessment roll. The City Attorney's Office has been in communication with the Property Appraiser's Office to determine if they are willing to modify the indemnification and newly created defense requirements. The results of those communications will be made available on Tuesday evening. A detailed staff report is attached as backup material for this item. Recommend approval of the renewal of the agreement with the Property Appraiser's Office for the uniform collection of stormwater utility fees. 'I '. [ITY DF DELRA' BEA[H ~:ITY ATTORNEY'S OFFICE \. \\ " Ì : ) t'.. '\ \ . If , F 1 \ :..: ~ ~J.-\ "\ _~ ~ ~..¡ ~ ;'.: ¡! ! - ~ - Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: May 8, 1992 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Stormwater Management Assessment Agreement with Property Appraiser The City has previously entered into agreements with the Property Appraiser's Office and the Tax Collector's Office to implement the uniform collection of stormwater utility fees. The City's agreement with the Tax Collector's Office of Palm Beach County is automatically renewed from year to year, unless cancelled by either the City or the Tax Collector, by giving notice one year prior to the effective date of the cancellation. The Agreement between the City and the Property Appraiser's Office, however, does not have an automatic =enewal clause. Our office has received an Agreement between the Property Appraiser's Office and the City to implement the uniform method of collection for the 1992 Tax Roll Certification process. The Agreement between the Property Appraiser's Office is identical to that approved last year by the City Commission with the exception that it also requires not only indemnification from the City in the event of a challenge, but further requires that the City will be responsible for the defense of any claim or litigation arising from errors that may exist on the assessment roll and requires reimbursement to the Property Appraiser for all costs incurred in connection therewith, including reasonable attorney's fees through the trial and appellate levels. Our office has been in communication with the Property Appraiser's Office to determine if they are willing to modify the indemnification and newly created defense requirements. We will inform you at Tuesday's meeting if, unlike last year, the Propery Appraiser is willing to make the raodifications. " A G R E E MEN T THIS AGREEMENT made and entered into this _ day of , 1992, by and between Rebecca E. Walker, as Palm Beach County Property Appraiser, hereinafter "Walker", and DELRAY BEACH STORMWATER MANAGEMENT ASSESSMENT DISTRICT, hereinafter "Local Government", WHEREAS, Local Government is desirous of collecting its non-ad valorem assessments(s) pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments as provided for in section 197.3632, Florida statutes; and WHEREAS, Walker is desirous of entering into an agreement with Local Government as described in section 197.3632(2), Florida Statutes, for the provision to Local Government of the information outlined in section 197.3632(3) (b), Florida statutes; -- NOW, THEREFORE, in consideration of the following covenants, conditions and promises the parties agree as follows: l. The above representations are true and correct. 2. Walker is entering into this Agreement without any determination that Local Government is qualified to collect its non-ad valorem assessments by the uniform method and Local Government agrees to indemnify and hold Walker harmless from any challenge thereto. 3. Walker agrees to provide Local Government with the information described in section 197.3632(3) (b), Florida Statutes, in compatible electronic medium by June 1, 1992. 4. Additionally, Walker agrees to make available to Local Government, should it desire to purchase it, an additional 'I . ~ . IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year above first written. Local Government By Rebecca E. Walker, as Palm Attest: Beach County Property Appraiser ---- ., .t ~ CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - MAY 12. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA AMENDMENT THE CONSENT AGENDA IS AMENDED TO INCLUDE: ~~ N. SERVICE AUTHORIZATION NO. 9/CH2M HILL: Approve Service Authorization No. 9 in the amount of $8,461 to the contract wi th CH2M Hill for development of a purchase specification for lime and investigation of potential lime suppliers, evaluation of lime sludge disposal alternatives, equipment required to dispose of sludge, and areas to stockpile excess sludge; with funding from Water and Sewer - Engineering Services (Account No. 441-5122-536-33.11). THE REGULAR AGENDA IS AMENDED TO INCLUDE: M. COLLECTIVE BARGAINING AGREEMENT: Consider approving the Collective Bargaining Agreement with the International Brotherhood of Firemen and Oilers (IBF&O) . .. ,. . . CITY OF DELRAY BEACH CONSULTING SERVICE AGREEMENT AMENDl\1ENT SERVICE AUTHORIZATION 9 DATE: SERVICE AUTHORIZATION TO THE AGREEMENT TO FURNISH PROFESSIONAL SERVICES DATED JULY 11, 1990, BETWEEN THE CITY OF DELRA Y BEACH, FLORIDA, AND CH2M HILL SOUTHEAST, INC. CITY P.O. NO. CITY EXPENSE CODE /7" </ 7" .5/ c;. -"( - _<7 ,-Nc :' .:, // PROJECT NO. 9;;. -..1..( (CITY OF DELRA Y BEACH) (CH2M HILL) _ (CITY OF DELRA Y BEACH) (CH2M HILL) TITLE: LIME SLUDGE MANAGEMENT STUDY GENERAL: This SERVICE AUTHORIZATION shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement. This SERVICE AUTHORIZATION for a Lime Sludge Management Evaluation is a followup to the completion of the design for the new lime softening facilities at the City's Water Treatment Plant. When the new lime softening facilities become operational, the City will need to be prepared to purchase lime and have a plan to dispose the lime sludge produced as a byproduct of the lime softening process. The scope of services for this authorization include development of a purchase specification for lime and investigating potential suppliers of lime in the area, and evalu- ation of lime sludge disposal alternatives, equipment required to dispose sludge, and areas to stockpile excess sludge. The following scope of services describes each task to be completed as part of this SERVICE AUTHORIZATION. lOOlOAE3.DFB aN 1"1. ,. . . CH2M HILL SERVICE AUTIlORIZA TION .-L DA TE: March 31. 1992 PAGE 2 OF S I. SERVICES TO BE PROVIDED BY mE CONSULTANT A. WORK TASKS CONSULTANT will provide specific services to the CITY in accordance with the following Task descriptions: Task i-Lime Purchase Alternatives The CONSULTANT will identify various suppliers for pebble lime and develop a purchase specification for the City to obtain the lime. The CONSULTANT will also investigate the possibility of the City entering into a cooperative agreement with other local utilities to purchase lime. Task 2-Lime Sludge Disposal Alternatives/Draft Report The CONSULTANT will evaluate up to three lime sludge disposal alternatives, including an economic evaluation comparing the lime sludge disposal alternatives. In addition, the equipment required to manage dewatered sludge produced on-site and transport it to the ultimate disposal site will be examined. Because the City wishes to make provisions for emergency stockpiling of dewatered sludge in case of a natural disaster or strike, an evaluation of potential areas to stockpile the lime sludge, either on-site or off-site, will be conducted with the assistance of City staff. Information and results obtained from Tasks I and 2 will be summarized in a draft letter report and presented to the City for comments. Five copies of the draft report will be submitted. Consultant will meet with the CITY to receive com- ments. City comments will be incorporated into the final report, and 10 copies will be delivered to the CITY. B. MEETINGS Meetings will be held between the CONSULTANT and City staff to exchange information and develop solutions to each of the tasks previously described. Two meetings with City staff have been included in the tasks conducted under this SERVICE AUTHORIZATION. lOOlOAE3.DFB 1"1" '" . . CH2M HILL SERVICE AUTHORIZATION -2...... DATE: March 31. 1992 PAGE 3 OF 5 C. OBLIGA nONS OF THE CITY The City will provide available information that will assist the CONSULTANT to complete the tasks identified which includes information gathered to date on City inquiries into lime sludge trucks or other information pertinent to this study. II. COMPENSATION TO TIlE CONSULTANT Compensation for professional consulting engineering services as described herein is estimated as follows: TASK 1 - LIME PURCHASE ALTERNATIVES $1,488 TASK 2 - LIME SLUDGE DISPOSAL AL TERNA TIVES/DRAFf REPORT $6.973 , TOTAL - $8.461 A cost estimate summary sheet is attached showing the breakdown of costs for each task. Compensation for services shall be in accordance with Article VII.A.2 of the AGREEMENT. Additional services as described under Article III may be provided by CONSULTANT up to a limit of $4,000 on an as-directed basis and with authorization by the City Manager. lOOlOAE3.DFB "~. ,. CH2M HILL SERVICE AUTHORIZATION ...:L DA TE: March 31. 1992 PAGE 4 OF 5 ill. ADDITIONAL SERVICES The CONSULTANT may provide additional services relating to Tasks I and 2 above. These services may be required to evaluate additional lime disposal alternatives, or to attend additional meetings with regulatory agencies or the City. Services performed under this task will be on an as-directed basis in accordance with a written Notice to Proceed from the City Manager. Each Notice to Proceed issued shall contain the following information and requirements. · A description of the work to be undertaken. · A budget establishing the amount of fee to be paid in accordance with Article VII.A.2 of the Agreement. · A time established for completion of the work. IV. PROJECT SCHEDULE The CONSULTANT agrees to perform the services required herein within the following time periods unless extended in writing by the CITY. Time as stated herein refers to weeks from the CONSULTANT's receipt of written execution of the SERVICE AUTHORIZATION. TASK 1 - Lime Purchase Alternatives 3 Weeks TASK 2 - Lime Sludge Disposal Alternatives/Draft Report 8 Weeks - - lOOlOAE3.DFB II".' ,. . CU2M HILL SERVICE AUTHORIZATION 7 - DATE: March 31, 1992 PAGE S OF S APPROVED BY THE CITY OF DELRA Y BEACH _ day of ,19_ CITY OF DELRA Y BEACH, a municipal corporation of the State of Florida AITEST: . I " ---- By: ~"";.I"/"/J ,,-_:~~~ EFORE M the foregoing i strument, ~ this 29 day of April , 1992, was acknowledged by Gregory T. City Manager - McIntyre, Vice President and Regional ATTEST: Manager, a duly authorized officer of CH2M HILL SOUTHEAST, INC., on behalf of the Corporation and said By: person executed the same freely and City Clerk voluntarily for the purpose therein expressed. APPROVED AS TO FORM: By: WITNESS my hand and seal in the City Attorney County .and State aforesaid this ~ day of~ ' 19JJ.- Notary Public State of Florida My Commission Expires: Notary Public, Slat. of FI~r:,I(1 My Commission Ex¡!ires JI:r.e '!~, 1795 (Seal) Iond.d Thru "irQy rCln. n~",..,;:~..... ..'''' l001073B.DFB I'~I. ,. , Ii CH2MHllI..PROOECTCOST ESTIMATE I CUENT CrN OF DElRAY BEACH PROJECT NAME LIME SLUDGE MANAGEMENT EVAWATION MULTIPLIER 3.00 . ··I.ABORCOSTDErAL TASK 2 RAW TASK 1 LIME SlUDGE HOURLY LIME PURCHASE DISPOSAL TOTAL DIRECT MUl. TI CATEGORY (NAME) RATE ALTERNATIVES ALTERNATIVES HOURS LABOR LABOR 8 VPISENIORCONSULTANT $33.30 0 SO SO 7 SENIOR MGRlSENIOR CONSlI. TANT $33.30 0 SO SO 6 PROGRAM, DEPT, OR DIV MGR/TECH CONSUlT $33,30 2 10 12 $400 $ 1.1 gg 5 SENIOR PROJECT MGRITECH CONSULT $32.60 0 SO SO 4 PROJECT MGRISR PROJECT PROFESSIONAL $28.10 20 20 S562 $1.686 3 SA, PROJECT PROFESSIONAL $25,00 12 40 52 $1.300 I3.goo 2 PROJECT PROFESSIONAL II $21.55 0 SO SO 1 PROJECT PROFESSIONAL I $18.75 0 SO SO 5 LEAD TECHNlCIANlSUPERVISOR II S22.gQ 0 SO SO 4 SENIOR TECI-NICIAN $18.G5 0 SO SO 3 CERTIFIED TECHNICIAN $17.35 0 SO SO 2 TECHNICIAN $14,55 6 6 $87 S262 1 JUNIOR TECHNICIAN $12.75 0 SO SO o TECHNICAL AIDE $11.20 0 SO SO OFFICE SUPPORT $11,50 4 8 12 $138 $414 18 $2....7 $7.461 \ . . .EJCPENSE COST DETAIL. ACTIJAL MULTI ITEM DESCRIPTION TASK 1 TASK 2 DIRECT DIRECT COMPUTERlAUTOCADD $100 $200 S300 1300 PRINTING, REPROGRAPHICS, AND GRAPHICS $175 $175 $175 WORD PROCESSING $75 $150 $225 $225 SURVEYING SO SO SOILS SO SO AERIAL PHOTOGRAPHY SO SO AIR FARE SO SO AUTO MILEAGE $100 $100 $100 MEALSlLOOGING SO SO TELEPHONEJFAX $100 $100 POSTAGEJFREIGHT $100 $100 $f,OOO $1.000 1< TC1TAt,t·ABOAANOOIRECT'SERVICES $1.488 ø.m> $3,487 $8,461/ I'll. '. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 57,01 SUBJECT: AGENDA ITEM tt CfA - MEETING OF MAY 12. 1992 REVIEW OF APPEALABLE LAND USE ITEMS DATE: May 8, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period April 27, 1992 through May 8, 1992. The following actions were considered during this reporting period: The Planning and Zoning Board did not hold a regular business meeting during this reporting period. Site Plan Review and Appearance Board: -Approved the architectural elevations (color changes) for Foreign Cars and Classic, Inc. -Approved the architectural elevations for the addition of a mechanical room at the Tropic Square Shopping Center. -Approved the architectural elevation plans (awning addition) for Force E at the Linton International Plaza. -Approved a major site plan modification for the construction of a 5,000 square foot retail establishment, MAB Paints¡ tabled the landscape and architectural elevations ¡ and approved a reduction in the required parking spaces from 86 to 81. Historic Preservation Board: -Granted a Certificate of Appropriateness for a sidewalk cafe¡ and approved the architectural elevations (4-3 vote) for Java City Cafe. -Approved a basic site plan ( "Plan B" ) for Bankers Row Parking Lot. A detailed staff report is attached as backup material for this item. ~ ~fM 5'-0 tu/~~ 4ß.~ - ~ ~);()/J4 S b 1oC!K- - ., '. . C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~aM£ ¿}' /Ioda'it THRU: DAVID J. KOVACS, DIR CTOR ~~ARTMENT OF PLANNING AND ZONING llJ/h.'^," ~ FROM: ~ASMIN ALLEN, PLANNER I SUBJECT: MEETING OF MAY 12, 1992 REPORT OF APPEALABLE LAND USE ITEMS APRIL 27, 1992 THRU MAY 8, 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 27, 1992, through May 8, 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 27, 1992 thru May 8, 1992 Page 2 SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) MEETING OF APRIL 29, 1992: l. Approved the architectural elevations (color changes) for Foreign Cars & Classic Inc. located on the east side of Congress Avenue, north of Atlantic Avenue (Vote 6 to 0). 2. Approved the architectural elevations in conjunction with the addition of a mechanical room at the Tropic Square Shopping Center, located at the northeast corner of Tropic Boulevard and Federal Highway (Vote 6 to 0). The site plan was approved as a non-impacting modification. 3. Approved 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 5 to 0). The site plan was approved as a non-impacting modification. 4. Approved a major site plan modification associated with the construction of a 5,000 sq. ft. retail establishment, M.A.B. Paints, on a 5 to 0 vote (the landscape plan and architectural elevation plans were tabled) . M.A.B. Paints is located at the Shoney's Restaurant site which is north of SE 10th Street, between the Federal Highway pairs. In addition, pursuant to LDR Section 4.6.9(C)(g) the Board approved a reduction in the required parking spaces from 86 to 81 in that it was conclusively demonstrated that the number of parking spaces provided was appropriate for the existing Shoney's restaurant and the proposed specialty retail store. No other agenda items were considered by the Board. HISTORIC PRESERVATION BOARD (HPB) MEETING OF MAY 6, 1992 A. Granted a Certificate of Appropriateness (vote 7 to 0) for a sidewalk cafe; and approved the architectural elevation plans on a 4 to 3 vote for Java City Cafe, located on the south side of Atlantic Avenue, between Swinton Avenue and SE 1st Avenue. B. Approved a basic site plan "Plan B" for Bankers Row parking Lot, located at the northwest corner of NE 1st Avenue and NE 2nd Street (Vote 6 to 0). Two site plans were presented and considered by the Board: Site Plan "A" provides for a 30 car parking lot of which 4 are designated as handicap, with a landscape island located in the middle of the lot which provided open space and an area to place an information kiosk. Of · - City Commission Documentation Report of Appealable Land Use Items April 27, 1992 thru May 8, 1992 Page 3 Site Plan "B" provides for a 29 car parking lot with 2 handicap spaces. The parking lot is designed in an "Lt! shape, with a large landscaped area at the southeast corner of the site. No other appealable items were considered by the Board. However, the following agenda items required Board action: * Certificate of Appropriateness request for perimeter fencing for a single family dwelling at 310 N. Swinton Avenue. * Certificate of Appropriateness request associated with exterior elevation changes for a single family dwelling at 19 S. Swinton Avenue. * Certificate of Appropriateness request for perimeter fencing at 201 N.E 1st Avenue PLANNING AND ZONING BOARD: (No Regular Meeting was held during this period). RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Map '! .. . ~ LOCATION NAP FOR CITY CONNISSION NEETING Of MAY 12, 1992 L-JO CANAL w :) z w ~ ~ lAKE IDA ROAD ! I ~ i MW 2 ST ATLANTIC AVENUE !W2ST ~ ~ ~ § . .. I I 2 å LOWSON BOULEVARD I 2 UNTON BOULEVARD i a ~ z B L-31 CANAL H.P.B. ITEMS: S.P.R.A.B. ITEMS: A. - JAVA CITY CAFE 1. - fORGEIN CARS &: CLASSIC INC. B. - BANKER'S ROW 2. - TROPIC SQUARE PLAZA 3. - FORCE E N UNTON INTERNATIONAL PLAZA - 4. - M A B PAINTS CITY Of DELRA Y BEACHt FLORIDA PLANNING DEPARTMENT " - [ITY OF DELRAY BEA£H CITY ATTORNEY'S OFFICE :'()¡J !\'\.V 1st A\·E.-:-,TE . DELRAY I3E¡\~I!, FLORIDA 33444 L\CSlt-.tlLE 4()ì :'78.4755 Wr~t_r - D~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: May 12, 1992 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Tennis Stadium Aqreement Attached for your review is the proposed agreement between the City, Liddun International and Kingdom, Inc. for locating the Women's Professional Tennis Association Tournament in Delray Beach beginning in 1993. The parties have agreed on the majority of issues contained in the agreement; however, several issues need to be discussed prior to executing the agreement. First, in paragraph 2.11, (Page 12), Liddun may inspect the site and notify the City of any dangerous conditions on the i si te .~e City will be responsible for making repairs, and will assume responsibility for the repairs. Also, the present language places full responsibility on Liddun for any damages resulting from defects or conditions which arise once it commences use and occupancy of the tournament site. Liddun desires to add the following language to the end of Section 2.11 following the word "premises": Unless such damage or injury to or the personal conduct, safety and welfare are caused by actions or omissions of the City or its representatives. This proposed language may result in the City being liable for damages or injuries which occur during the operation of the tournament. It is our opinion that this additional language is unnecessary. Once Liddun takes control of the tournament site for its purposes, it will also assume responsibility for all activities on the site. Therefore, the City should not agree to assume any additional responsibility for events which occur as a result of Liddun's operation of the tournament. In subsection 3.10, "Indemnification", on Page 24, Liddun requests that the word "negligent" be inserted before the word 'I '. - - City Commission May 12, 1992 Page 2 "use" on Line 6. We disagree on the necessity of including the word "negligent". The present language provides the City with adequate assurance that it will be indemnified in the event of an injury caused by the actions of Liddun or its employees. Liddun should be willing to agree to indemnify the City for those claims which arise out of the use of the tournament site during the tournament. Limiting the indemnification to injuries resulting from negligent uses or actions by Liddun 01: its employees does not provide the City the assurance which the existing language contains. j Finally, in subsection 3.15, "Personal Property" , on Page 26, Liddun has agreed to release the City from any liability associated with loss or injury to property resulting from Liddunts occupancy of the tournament site. Liddun desires to limit the release to all losses except those that result from actions or omissions of the City or its representatives. As stated above, it is this officets opinion that Liddun should ! assume responsibility for damages which occur during the tournament. The City, in effect, is relinquishing control of the tournament site to Liddun during the tournament. There- fore, it should be Liddunts full responsibility to ensure the I safety of persons and property on the site. I Other than these liability issues, the part,ies have reached agreement on the majority of the items contained in the agree- ment, and are awaiting Commission approval and/or direction prior to the execution of this agreement. If you have any questions, please call. JSK: sh Attachment cc: David Harden, City Manager George Liddy Bob Dunn stadium.dnt ., '. - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS '-' FROM: CITY MANAGER L f/ , SUBJECT: AGENDA ITEM # 9 B - MEETING OF MAY 12. 1992 AGREEMENT WITH LIDDUN INTERNATIONAL. INC. DATE: May 8, 1992 At the time the agenda was completed the City Attorney's Office was still negotiating the terms of the agreement. It is anticipated that the backup material will be available prior to, or at the May 12th regular meeting. '. '. . . Vv M E M 0 RAN DUM 5/0 TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER /50/¡ SUBJECT: AGENDA ITEM # q~ - MEETING , OF MAY 12, 1992 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION ON THE SITE PLAN FOR THE 160 CENTER DATE: MAY 8, 1992 An appeal has been filed by H.J.S. Investment, Inc. and Morris Robinson, Trustee, representing the Regency Plaza, regarding the Site Plan Review and Appearance Board's action of April 15, 1992, to approve a site plan modification for the 160 Center which shows the closing of an accessway between the 160 Center and the Regency Plaza. The 160 Center is located at the northwest corner of S.E. 6th Avenue (Federal Highway) and S.E. 2nd Street; the Regency Plaza is located immediately to the north on S.E. 6th Avenue. The basis for the appeal is that the closure of the cross access will negatively impact tenants at both establishments. In 1986, the site plan for the 160 Center was approved with the condition that the cross access be provided in order to facilitate on-site circulation between the two developments and remove the necessity of using the one-way Federal Highway pairs for circulation. The access was installed and is the existing condition today. Most recently, application was made by the 160 Center for a site plan modification to include demolition of the north half of the building located adjacent to the alley and construction of a four space parking lot. The modification also proposed the elimination of the cross access with Regency Plaza. The applicant contends that closing the access is necessary due to excessive traffic cutting through the center and Regency Plaza in an effort to avoid the light at the corner of S.E. 2nd Street and northbound Federal Highway. At the April 15, 1992, meeting, the Site Plan Review and Appearance Board voted 6.,.0 to approve the site plan modification request. However, the Board failed to pass a motion dealing with the closure of the cross access on a 3-3 vote. Some of the members felt the potential adverse impacts outweighed the applicant's concerns about through traffic, while others felt that the 160 Center owners have a right to close the access if they so choose. Therefore, the site plan modification showing the closed access stands as the approved plan. Staff is recommending support of the appeal to require that the 160 Center site plan be modified to include the existing cross access arrangement, the basis for this action being the promotion and enhancement of general health and safety as it pertains to traffic circulation in accordance with POliC~1.4 of the Comprehensive Plan under the Traffic Element. '. '. . r)\ , IV v' C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: DAVID J. KOVACS, DIRECTOR ~~rLrflj. DEPARTMENT OF PLANNING AND Z N N FROM: JANET MEEKS, PLANNER I~ SUBJECT: MEETING OF MAY 12, 1992 CONSIDERATION OF APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION ON THE SITE PLAN FOR THE THE 160 CENTER ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of considerinq an appeal of a minor site plan modification approved by the Site Plan Review and Appearance Board for the 160 Center, located at the northwest corner of S.E. 6th Avenue (Federal Highway) and S.E. 2nd Street. The site plan modification involves the demolition of a portion of a building, installation of 4 parking spaces, and the closing of an accessway between the 160 Center and the Regency Plaza, which is located immediately to the north. The basis for the appeal is the closure of that cross access. The appeal was filed by the owner of the Regency Plaza, H.J.S. Investment I nc . , Morris Robinson Trustee. BACKGROUND: The issue concerning the cross-access between the 160 Center and the Regency Plaza dates back to 1986, when the original site plan to build the 160 Center was submitted. The original plan did not include the cross access. At the March 10, 1986 meeting of the Planning and Zoning Board, the Planning Director (Bob Cohn) explained to the Board that staff had different opinions regarding the provision of a cross access between the two sites. The Engineering Department was not in favor of the access, as it could create a potential for traffic cutting through to S.E. 2nd Street. However, the Planning staff maintained that the cross access was necessary in order to provide for on-site circulation between the two developments. The access would remove the necessity of utilizing the one-way Federal Highway pairs for circulation. '. City Commission Documentation 160 Center page 2 After a lengthy discussion, the Planning and Zoning Board approved the site plan request for the 160 Center based upon a condition that the cross access be provided. The access was installed to the north and is the existing condition today. At its meeting of November 20, 1992, the Site Plan Review and . Appearance Board reviewed an application for a basic site plan modification for The 160 Center. The plan involves the demolition of the north half of the building located adjacent to the alley. The modification is being requested by one of the building tenants, Dr. Salatino, who is planning to purchase the building pending the outcome of the site plan process. In the area of the demolition, a 4 space parking lot is to be constructed. The proposal also includes the elimination of the cross access to the Regency Plaza to the north. At that meeting the applicant contended that the closure of the access was necessary due to the excessive traffic cutting through the center, and then through the Regency Plaza, by persons trying to avoid the light at the corner of S.E. 2nd Street and northbound Federal Highway. In his opinion, this created a potential for accidents within the parking lot. He was particularly concerned about the danger posed to elderly patients walking to or from their cars. Several of the Board mmbers did not agree with this argument. The traffic cutting through the center can enter northbound Federal Highway either through the 160 Center's driveway located on northbound Federal Highway, as well as the Regency Plaza's driveway. Therefore, the closure of the cross-access would not eliminate this situation. However, it would eliminate the ability of the Regency Plaza patrons to cut through the 160 Center to access southbound Federal Highway from S.E. 2nd Street. After a lengthy discussion, the Board tabled the plan to allow the applicant time to obtain on-site traffic data to substantiate his assertions regarding the dangers. On April 15, 1992, the site plan modification was again reviewed by SPRAB. Dr. Salatino submitted a letter with information regarding a traffic survey that had been conducted on the site. The letter stated that vehicles had been counted during working hours on two days in January. Over a period of five hours, 59 vehicles had been counted coming through the crossover in both directions. The letter did not provide any detailed information as to the ultimate destination of the vehicles, nor did it contain any information as to who actually conducted the test. Comprehensive Plan Policies Under the Traffic Element: Policy C-l. 4 : States that attention shall be given to unique situations which may be created as development occurs and restrictions on access are imposed on others. " · City Commission Documentation 160 Center Page 3 The closure of the cross access does create a unique situation as it may have an adverse impact on the Regency Plaza. It creates a situation where the Regency Plazats only point of access is on northbound Federal Highway. Thus, any southbound exiting traffic must use Atlantic Avenue in its circulation pattern. Two left turn movements are created at very congested intersections. A second reason for cross access is to accommodate better accessibility to either commercial use from northbound Federal Highway, i. e. if the access point to the 160 Center is missed; traffic can enter through the Regency Plaza; again avoiding congestion at Atlantic Avenue intersections. A third reason deals with service vehicles which can use the connection as opposed to entering northbound Federal Highway to make deliveries or provide service to the two commercial areas. SITE PLAN REVIEW AND APPEARANCE BOARD: At its meeting of April 15, 1992, the Site Plan Review and Appearance Board (SPRAB) approved the site plan request on a 6-0 vote. Secondly the Board failed to pass a motion dealing with the closure of the cross access on 3-3 vote. While some of the Board members felt the potential adverse impacts outweighed the applicant's concerns about through-traffic, other Board Members felt that the 160 Center owners have a right to close the access if they choose. Therefore, the motion did not carry and the site plan modification showing the closed access stands as the approved plan. Basis for Appeal: The basis for the appeal, as stated in the letter from Morris Robinson, the trustee for the owner of the Regency Plaza, H.J.S. Investment, Inc. , is that the closure of the access will negatively impact tenants of both the Regency Plaza and the 160 Center. Mr. Robinson states that the access is used by tenants of both centers, to facilitate access to both northbound and southbound Federal Highway. RECOMMENDED ACTION: By motion; support the appeal and require that the 160 Center site plan be modified to include the existing cross-access arrangement. Basis for action being the promotion and enhancement of general health and safety as it pertains to traffic circulation. Attachment: * Location Map, Site Plan, Composite Site Plan * Letter of Appeal, Letter from Dr. Salatino * Letter from Attorney (Perry * Schone, P.A.) 0' . r .. . . . , () c:> ~ ~ ~ I - . . ¡t- ~ ~ \:::) \j) ~ ~ - . þ- (b :s ] ~ ~ -c) ~ t - ~ ~ . ~ . ~'\ ~ I 7-. -' . <J; t -- :> LD t;>~ ~ ~J ~ -;b ~ ~ . ::> '-./'" I t ~~ ? , ~ ~ , ~ ~ .. - - -- ,. .~ <i· I .. " I '0 /~-~-=~:~-'=:-::j '., , 3;_~==:C 'T1J iñ\ , ..,:~::._..__~.I ¡~ -- - '--- --- - .-- .--- --- Ir .~ v r t~ I ¡\ I I 1- ~ ( ¡¡; I I , -¡ , Z Ii' \JI I '" I I " r- ;;; 1 C1 "- " ~. 111 ~, i ~ ~ , 1 I I I ¡¡. 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"'1 .~ ~I>J > ~ ~"~ nq ~¡~- .\ ~~ "- , ~ !t\ I ..., ? ~ ::r -,-- ~-- 51Ò~ ~riB..:."'::;;';: .-¡-- t... I B - ~! '; I I ~ '. ' I ~ !- . -I 0 I~ I , ~ I ! r ~ ~ ~ ~ ¡ TT i ( , I I P í! f"-~".::J 'i - ~ t>J: r 1 ? jl~ ¡. ~j , > '. I ~ "'- ~ .. ( ~ r . ª \ ~ ! I ~ I '\ I ~- 1fT! ~ '" J\~ h >< r: ~ '-D ß i I J>: l'~ In ¡ï ~ ~ ~ ",' 1 i }>. '" r:, ~ -> ~ b \r.> ;: 1 ... 'Zï . II) Z II "'-01 I' -..1 ~ V) ~ '~~~ (,; 5Pf."~$ ~ ¿ t ;1 c Q ~ ... ~ (' :if:) ~ r" ~ (I. I t't"'\ : . :\1 " ~ ~ . I ~ ~ ..J (tL '¡ { I ~I -._,~ I j' .~ " ,. f r- 1 - - . ~ I I ~ , LaJ == > 0 ~ ST. z 1 ST ST. :;) 0 1 11 en CD x LaJ $ t- O:: 0 12 ..... VI , Q ~ < 0 0:: ~ ..J ;¡ w 0 0:: ~ - · ~ LoI U iii · LaJ ~ · LL. &J iii ST. I ITDJ~ ï --- t-- - ).. - ~ - ~ - ~ -J ~ CIJ ~ 0 3RD i II I I I ~ I 160 CENTER jN - II I I I J '1 '. f o 0 H-J.S. INVESTMENT, INC. 48 EaIt Royal Pahn R<*t ~ R.eoo. Florida 3~432 USA CERTIFIED MAIL Apr i I 27, 1992 305-"26·0043 · 407 -368-18S2 1 RECEiVED q " All Ms. Allison McGregor Harty City Clerk ..¡/~lq.;l, (}¡rt--- City of Delray Beach 100 N. W. 1st Avenue erN CLERK Delray Beach, Florida 33444 Dear Ms. Harty: We the undersigned H. J. S. Investment, Inc. and Morris Robinson Trustee hereby appeal your action of site plan modification, of your meeting of April 15, 1992 before the site plan review and appearance board. The basis of our appeal is that an understanding was agreed between the original developer at the 160 Center, which is at 160 S.E. 6th Avenue, Delray Beach to allow a cross access drive between the 160 Center and Regency Plaza which is at 142 S.E. 6th Avenue, Delray Beach. This cross access drive was to benefit both parties. The 160 Center would have access of exiting from parking lot onto S.E. 6th Avenue north bound and Regency Plaza would have ability to exit south bound through the 160 Center facilitating the reaching of S.E. 5th Avenue for their tenants and customers. The relief that we H.J.S. Investment, Inc. and Morris Robinson Trustee owners of Regency Plaza seek is that the site plan review board reconsider the action they took at the April 15, 1992 meeting for the closure of our existing cross access drive and leave the cross access drive as it is. This is a very important aspect of both centers and conerns a lot more than what the "doctor" is seeking. The ramification of the modification of his site will hurt the numerous other tenants in the 160 Center as well as their customers, and also those of Regency Plaza would be hurt by closure of the cross access drive. We thank you for your consideration in this matter. ,§incerely, ( \ H.J . S. Inve ent, Ine. ~Mot 's Robinson owne~s ~ R bin~ MR:br cc: David Kovacs, Planning Director Jasmin Allen, Planner I '. , . qJIJ1JÇj. ØktiJtl~. 51JÐ.ø,. tp.tÁ. 160 RP'. en. AVr.NUF! IV!!! I. DELRAY BEACH. FLORIDA 33483 - TELEPHOH~ 276-6684 April 6th 1992 'r-:"""", r ~ p. . ¡ ..' :~\ f" I. '" ' i¡ iJ .;' \ \ ' '. -, - -..1" ! f \ ~'~ ...'" --<.")~_I- '4- , . Janet Meeks flpn 6 \99¿ Site Plan Review Board PLÞ-NNING & ZONIf~G City of Delray Beach, Florida ))444 Re: 160 Center Site Plan Review Dear Janet, This letter is a request to eliminate the cross access between the 160 Center and the Regency Plaza immediately to the north. While we fully realize that it is a con- venience for Regency Plaza, the Plaza existed a signifi- cant period of time without the access. The cross access has converted our private parking lot into a busy public thoroughfare, and a shortcut to avoid a traffic signal. Our employees, clients, and especially our elderly pat- ients, are unexpectedly put in a dangerous situation as they walk to or from their cars, not realizing that they are essentially crossing a street. As a result, we feel that serious injuries are inevitable. Our liability and exposure to litigation is greatly increased by allowing this thoroughfare. As requested by the board we have had a survey as to the amount of traffic using this crossover. It was carried out during working hours on January l)th & 14th of this year. Over five hours and fifteen minutes, 59 vehicles passed through the crossover, either entering or exiting. We feel that this is a representation of any work day, and Regency Plaza is only partially occupied by three tenants at this time. Also included is a report sutmitted by an attorney as .. I . .. I ') Ç/c.fm,Çj. çJJatw. g),Ð.e5.. fP.V{. HIO 51': ð'H AVI"NIJE IU511 OELRAY BEACH. FLORIDA 33483 - TI!:t.I!:"HOHIE 276-6684 -2- requested by the Board, outlining the facts and history of the crossover. We submitt this for your review and consideration. We sincerely hope that you will understand our situation and allow us to make our property a safer place and eliminate the excessive and unnecessary traffic. Sincerely, -?Z / / -./- .. ...." ~~ / ~0/~ ,..~(;;/, /;/¿/,r John G. Salatino, D.D.S. " ,. I f' ( ) \ ~ PERRY & SCHONE. P. A. ATTORNEYS AT LAW "'0 "'. r , oun"1 AVr:NUr: I H: I.I(A \. IIt:A('... I·'J.OIUUA :ia-aKa 1CC:;; -. U jf' 'iJJ TELEp-.oNE ..071 Z7&..'.& F"ACS''''LE ..07' Z'&3ð!>~ :r\;:~' ~:; MARK A_ PERRY ! I ' .- LARRY T_ SCHONE ·nn. 6 1992 ,¡. ,-, ¡ \ March 31, 1992 í'l r...nN\NG & ZONiNG ~. ~. . " Dr. John Salatino 160 SE 6th Avenue, B-1 Delray Beach, FL 33483 Re: Potential Elimination of Cross Access Point on 160 Center Dear Dr. Salatino: My client, Al Carney, who is the owner of Unit A of the 160 Center, a Condominium, requested that I review the potential ability of closing off the cross access between the 160 Center and the property immediately to the north. The current owners desire to close off that cross access point due to the fact that there was substantial traffic through your parking lot to access Southeast Second Street on the south side of your property by patrons of the shopping center to the north. The original site plan which was approved in August or September of 1986 contained 2 possible alternatives for development of the north edge of the property. Apparently, the original developer was desirous of having the cross access. The site plan as submitted and the plat as eventually recorded with the Declaration of Condominium show the cross access. The site plan as approved by the City contained a requirement that for the cross access to be constructed a cross access easement had to be obtained prior to the first Certificate of Occupancy being issued. The approved site plan contained an alternative which stated that if the cross access agreement was not obtained then the northeasterly-most parking spot would be eliminated for a 2-1/2' landscaping strip and a 6t back-up area. There is no cross access easement of record and therefore it is assumed that none was obtained between the developer of the 160 Center and the owner of the property to the north. Under this scenario, the City, according to its restrictions, should not have allowed the cross access to be constructed. Additionally, in reviewing the site plan file at the City offices of the Planning and Zoning Department there was a letter dated ., · . , l~ í ) , March 31, 1992 Page Two March 4, 1986 from the engineering division to the planning division which stated that they wanted to delete the cross access as the cross access would generate parking lot traffic accessing Southeast Second Street which the engineering division apparently deemed inappropriate. This is in fact the problem that has arisen as the engineering division envisioned it. Therefore, the argument that I would suggest you put forward to the city for approval of closing off the cross access can be summarized in three parts. They are as follows: 1. The developer from whom both you and Mr. Carney are purchasers did not comply with the original site plan requirements. 2. No cross access easement was ever executed or recorded and therefore no legal right is held by the property owner to the north to require access across the 160 Center property. 3. The purpose for the request to close off the cross access point is a result of the parking lot traffic generated for access to Southeast Second Street. Such was the concern of the engineering division in their March 6, 1986 letter. As a result of the occurrence of the failure to obtain the cross access easement, the allegation can be made to the board that this is not really a variance that is being requested but simply a revision of the as-built to conform to the original site plan requirements. If I can be of any further assistance in this matter, please let me know. Very truly yours, '" 4<¿} ,¿~L....- (, LARRY SCHONE LS:dld cc: Mr. Al Carney ., '. . . ;;;:~ -'j :.~ ''!¡ _-.lC-' ,j , April 28, 1992 Morris Robinson, Trustee H.J.S. Investment, Inc. 48 East Royal Palm Road Boca Raton, FL 33432 Re: Appeal of Site Plan Review and Appearance Board Decision/ Site Plan Modification for 160 Center, 160 S.E. 6th Avenue, Delray Beach, Florida Dear Mr. Robinson: This is to acknowledge receipt of your letter of appeal with respect to the action taken by the Site Plan Review and Appearance Board on the above referenced matter at the meeting of April 15, 1992. Pursuant to Section 2.4.7 of the Land Development Regulations, the appeal was received in a timely manner by the Clerk's office on April 28, 1992. Please be advised that the matter will be scheduled for consideration by the City Commission at the regular meeting to be held on Tuesday, May 12, 1992. The meeting will begin at 6:00 P.M. and will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. You may wish to check with my office prior to the May 12th meeting to determine the item's standing on the agenda. Should you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, ~~!ldl:iy Alison MacGregor Harty City Clerk AMH/m cc: Diane Dominguez, Planner III Cheryl Leverett, Agenda Coordinator .. , . ·1 P. ø 1 H.J.S. INVESTMENT, INC. 48 Eat Royal Palm ROId Boca Raton, f10rida 33432 U.s.A. CERTIF lED MAIL . 305-426-0043 . 407-368-1852 Apr~l 27, 1992 1 . 1 RECE\VED q' 00 All Ms. All~son McGregor Harty city Clerk ~'.;2Hlq.;¡.. ()ft1v City of Delray Beach 100 N. W. 1st Avenue CItY CLERK Delray Beach, Florida 33444 ' Dear Ms. Harty: We the undersigned H.J.S. Investment, Inc. and Morris Robinson Trustee hereby appeal your action of site plan modification, of your meeting of April 15, 1992 before the site plan review and appearance board. The basis of our appeal is that an understanding was agreed between the original developer at the 160 Center, which is at 160 S.E. 6th Avenue, Delray Beach to allow a cross access drive between the 160 Center and Regency plaza which is at 142 S.E. 6th Avenue, Delray Beach. This cross access drive was to benefit both parties. The 160 Center would have access of exiting from parking lot onto S.E. 6th Avenue north bound and Regency Plaza would have ability to exit south bound through the 160 Center facilitating the reaching of S.E. 5th Avenue for their tenants and customers. The relief that we H. J. S. Investment, Inc. and Morris Robinson Trustee owners of Regency Plaza seek is that the site plan review board reconsider the action they took at the April 15, 1992 meeting for the closure of our existing cross access drive and leave the cross access drive as it is. This is a very important aspect of both centers and conerns a lot more than what the "doctor" is seeking. The ramification of the modification of his site will hurt the numeroU6 other tenants in the 160 Center as well as their customers, and also those of Regency Plaza would be hurt by closure of the cross access drive. We thank you for your consideration in this matter. ~§incerely 1 (' \ H.~.s. Inve ent, Inc. ~MO~ ·s Robinson owners "-... Morris MR:br CC: David Kovacs, Planning Director Jasmin Allen, Planner I " · . · MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD MEETING, WEDNESDAY, APRIL 15, 1992 AT 6:30 P.M. Members Present Others Present Mark Marsh, Chairman Janet Meeks, Planner Rett Talbot Paul Dorling, Planner Gene Fisher Diane Dominguez, Planner Sam DeOto (arrived later) Nancy Davila, City Horti- Jess Sowards culturist Debora Oster I. The Chairman called the meeting to order at 6:30 p.m. and the recording secretary took the roll. II. Mr. Sowards moved to approve the minutes from April 1, 1992. Seconded by Mr. Fisher with the vote as follows: Gene Fisher Yes Rett Talbot Yes Debora Oster Yes Jess Sowards Yes Mark Marsh Yes III. MISCELLANEOUS A. Peach Umbrella 401, 409, 413, 419 & 421 West Atlantic Avenue CRA - Chris Brown Elevations Represented by Elizabeth Debs. At a previous meeting, the members expressed concern with the number of different colors and the roof top signs. Now, the signs have become part of the parapet. The colors are a dark peach, light peach, peacock green, ivory, and red on the mullions. The members were in favor of the color combinations. Some of the members were concerned with the Peach Umbrella logo on the project and others questions the neon on the top portions. It was felt that the umbrella on the cupola was "too much". Also, the ice cream roof top sign was of some concern. (Mr. DeOto arrives). Mr. Marsh stated there was a vast improvement. After discussion, Mrs. Oster moved to approve the elevations for Peach Umbrella pursuant to Section 4.6.18. Seconded by Mr. Fisher with the vote as follows: Jess Sowards Yes Debora Oster Yes Rett Talbot Yes Gene Fisher Yes Mark Marsh Yes 't · MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 2 B. Bridge Tenders House Atlantic Avenue Bridge at the Intracoastal Waterway CRA - Chris Brown Elevations (Mr. Sowards stepped down.) Represented by Thuy Shutt. Ms. Shutt stated the colors on the house will not conflict with the blue color of the bridge. The roof will be in concrete and a person will be able to see through the shutters. Mr. Marsh noted there are four (4) colors on the house with the additional color of the bridge. He added the architecture was well done but questions the number of colors but felt the color of the shutters was a good contrast. No vote was taken by the board at this time. (Mr. Sowards stepped back up.) C. Dean Witter Building 1030-1070 South Federal Highway Richard Parkman Elevations Represented by Dennis Udman and Richard Parkman. The new structure will match the existing in color and PVC will be used for the lattices. The posts will be painted in white. After discussion, Mr. Fisher moved to approve the elevations pursuant to section 4.6.18. Seconded by Mrs. Oster with the vote as follows: Sam DeOto Yes Debora Oster Yes Jess Sowards Yes Rett Talbot Yes Gene Fisher Yes Mark Marsh Yes Mrs. Oster moved to approve the landscapin~ plan pursuant to section 4.6.16. Seconded by Mr. Fisher with the vote as follows: Gene Fisher Yes Sam DeOto Yes Jess Sowards yes Rett Talbot Yes Debora Oster Yes Mark Marsh Yes IV. PROJECT PLANS -* A. 160 Center 160 S.E. 6th Avenue Dr. Salatino Minor Site Plan Modification Represented by Richard Svopa and Dr. Salatino. Mrs. Meeks stated that the comprehensive plan dictates that the cross access remain open. She '. . MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 3 added that most of the technical items have been addressed. The applicant stated they do not wish to have the cross access and are against it. Mrs. Meeks explained the cross access was encouraged by the Planning and Zoning Board and was required as a condition of approval. However, the cross access has not been recorded. Dr. Salatino addressed the Board and stated the cross access has become a problem and there is no legal document regarding the access. Mrs. Meeks responded that it is considered as good planning to have this access through the center. Some of the members did not feel the cross access would be beneficial others wanted to have it open. The major issue appeared to be that of the cross access. After discussion, Mr. Talbot moved to approve the site plan modification based upon positive findings pursuant to Section 3.1.1 (Required Findings) for 160 Center subject to the following conditions: l. That Technical Items 1-4 be addressed prior to building permit submittal. Seconded by Mrs. Oster with the vote as follows: Rett Talbot Yes Debora Oster Yes Gene Fisher Yes Sam DeOto Yes Jess Sowards Yes Mark Marsh Yes Mrs. Oster moved to deny the request for closure of the cross access based on a failure to make a positive finding with respect to consistency with the Comprehensive plan. Seconded by Mr. Sowards with the vote as follows: Jess Sowards Yes Sam DeOto No Gene Fisher Yes Debora Oster Yes Rett Talbot No Mark Marsh No (The access will remain closed.) Mr. Talbot explained that if staff does not find a recorded easement regarding the cross access, the issue may be brought before the board again; in the meantime, the access is to remain open. Regarding the landscaping plan, Mr. Sowards moved to approve the landscape plan based upon positive findings pursuant to Section 4.6.16 for the 160 Building subject to the following condition: 1. That the landscape technical items 1-7 be addressed prior to building permit submittal. Seconded by Mrs. Oster with the vote as follows: Rett Talbot Yes Jess Sowards Yes Gene Fisher Yes DebQra Oster Yes Sam DeOto Yes Mark Marsh Yes ., Site Plan Review and Appearance Board Meeting . MINUTES: April 15, 1992 Page 4 Regarding elevations, Mr. Fisher moved to approve the elevations based upon positive findings pursuant to Section 4.6.18 for the 160 Center. Seconded by Mr. Sowards with the vote as follows: Debora Oster Yes Sam DeOto Yes Gene Fisher Yes Rett Talbot Yes Jess Sowards Yes Mark Marsh Yes ~ B. JBA Investments Group Inc. Dr. Jacob Ben-Ari 1900 North Federal Highway Site Plan, Landscaping & Elevations Represented by Jacob Ben-Ari. Mr. Dorling reviewed the staff report. The applicant stated he would not be displaying any vehicles outside. If the applicant is to provide a la' right-of-way by Dixie, there will be unusable space behind an existing building by Dixie. Mr. Dorling indicated that the perimeter landscaping noted for phase II would be provided in phase I. The applicant is required to provide a la' right-of-way along Dixie; he was not in favor of this and felt it would be a great imposition. The outstanding issue is the condition to dedicate the right-of-way on Dixie. Dr. Ben-Ari stated he needed the access on Dixie. The applicant responded he could not operate with the la' or 5' dedications. He also felt the required curbing would not be attractive. Mr. Dorling clarified that a la' dedication along Dixie is needed: the agreement is that the applicant may utilize the dedication area behind building "B", which would be given, until such time as needed; at that time, the site will need modification: the parking will need to be modified at this time. Regarding the site plan, Mr. Talbot moved to approve the site plan based upon positive findings with respect to Chapter 3.1.1 and Section 3.3.3 (Performance Standards) of the Land Development Regulations, Policies of the Comprehensive Plan, subject to the following conditions: an agreement be provided that the landscaping and asphalted area behind building "B" can be utilized as indicated on the site plan until such time as the la' additional right-of-way is needed for Dixie Highway improvements. At that time, a site plan modification is required to accommodate the 5' landscaping. The following conditions are also included: a. Dedication of 10' of right-of-way for both Federal Highway and Dixie Highway. b. Platting prior to issuance of building permit, the plat accommodate the right-of-way dedications, easements for existing telephone lines etc. c. Submittal of revised site plans and paving and drainage plans accommodating the comments under the technical items section of the staff report. d. Provision of protective curbing around landscaped areas as required pursuant to Section 4.6.16(E)(3). Seconded by Mrs. Oster. '. MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 5 The vote was as follows: Sam DeOto Yes Rett Talbot Yes Debora Oster Yes Gene Fisher No Jess Sowards Yes Mark Marsh Yes Mr. Marsh felt that leniency was granted. He explained that the area behind Building "B" is non-conforming. Mrs. Oster moved to approve a waiver from Section 5.3.1(D)(4) to reduce the Dixie Highway right-of-way width to 40'. Seconded by Mr. Sowards with the vote as follows: Gene Fisher Yes Sam DeOto Yes Debora Oster Yes Jess Sowards Yes Rett Talbot Yes Mark Marsh Yes Mr. Sowards moved to approve a waiver from Section 6.1.3(B)(5) for the 5' sidewalk along Dixie Highway. Seconded by Mr. DeOto with the vote as follows: Debora Oster Yes Jess Sowards Yes Gene Fisher Yes Sam DeOto yes Rett Talbot Yes Mark Marsh Yes Mr. Sowards moved to approve the elevations upon positive findings with respect to Section 4.6.18 with the condition that Building "B" be painted in a complementary color to Building "A". Seconded by Mrs. Oster with the vote as follows: Sam DeOto Yes Rett Talbot Yes Gene Fisher Yes Debora Oster Yes Jess Sowards yes Mark Marsh Yes Mrs. Oster moved to recommend that the City Commission deny the request for a waiver from the requirement to provide curbing around landscape areas. Seconded by Mr. Talbot with the vote as follows: 'I MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 6 Rett Talbot Yes DEbora Oster Yes Gene Fisher Yes Sam DeOto Yes Jess Sowards Yes Mark Marsh Yes C. Griffin Gate S.E. 4th Street & South Swinton Avenue Fred Griffin Site Plan, Landscaping & Elevations Represented by Fred Griffin. Mrs. Meeks reviewed the staff report. There will not be a common area. The private sidewalks will be maintained by the association. Mr. Griffin commented in that the landscaping against the fence will be difficult to maintain. Mrs. Oster suggested some landscaping of mid height in the rear. Mrs. Davila recommended of use of different landscaping materials which would be more functional and serviceable. It was suggested the landscaping be approved at a later time. Mrs. DAvila felt the landscaping should be maintained by the association. The members felt the landscaping was a sensitive issue. One of the members noted that the front of the building has the same appearance as the rear. The walls appear to be bland and perhaps this could be address with more landscaping. The wall colors are a peach. There was discussion regarding the elimination of the sidewalks as a connection from Swinton due to parking problems. Mr. Griffin would perfer to retain the sidewalks so that the homes appear to be single family. After discussion, Mr. DeOto moved to approve the elevations based upon positive findings pursuant to Section 4.6.18 for Griffin Gate and with the concern that the bland elevations at Swinton will be addressed with the landscaping. Seconded by Mrs. Oster with the vote as follows: Rett Talbot Yes Debora Oster yes Gene Fisher Yes Sam DeOto Yes Jess Sowards No Mark Marsh Yes Regarding the waivers, Mr. DeOto moved to approve the waive to eliminate the sidewalk along S.E. 1st Avenue and recommend approval to the City Commission, for the reduction in pavement width for S.E. 1st Avenue from 241 to 20'. Seconded by Mr. Sowards with the vote as follows: Jess Sowards Yes Rett Talbot Yes Gene Fisher Yes Sam DeOto Yes Debora Oster Yes Mark Marsh Yes .. MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 7 Regarding the landscaping, Mrs. Oster moved to table the landscape plan. Seconded by Mr. Talbot with the vote as follows: Sam DeOto Yes Jess Sowards Yes Gene Fisher Yes Debora Oster Yes Rett Talbot Yes Mark Marsh Yes Regarding the site plan, Mr. Talbot moved to approve the site plan based upon positive findings pursuant to Section 2.4.5(F)(5) (Required Findings) for Griffin Gate subject to granting the internal adjustment along with the following waivers and conditions: exclude the approve of the sidewalks pending review of the landscape plan; approve the internal adjustment based upon positive findings pursuant to Section 2.4.7(C) for the portico's to encroach into the side yard setback for Lots 1B, 2A/b, 3A/b. 4A/B and Lot 5A with the condition that 1. the final plat and related documents (Homeowners Documents) be processed through the Planning and Zoning Board prior to acceptance of building permit applications. 2. the technical item be addressed prior to building permit submittal. Seconded by Mrs. Oster with the vote as follows: Rett Talbot Yes Debora Oster Yes Gene Fisher Yes Jess Sowards Yes Sam DeOto Yes Mark Marsh yes III. MISCELLANEOUS D. Force E 660 Linton Boulevard Dan Navilio Elevations Represented by Dan Navilio. The applicant stated he needed visibility. The members questioned the large, red awning. Some members were concerned with the multi-color awning. Mr. Marsh felt the awning was rather large and appeared to be added on to the center and was not appropriate but could sympathize with the lack of visibility. After discussion, Mrs. Oster moved to deny the application for the awning for Force E at Linton International Plaza pursuant to Section4.6.18. Seconded by Mr. DeOto with the vote as follows: Debora Oster Yes Rett Talbot Yes Gene Fisher Yes Jess Sowards Yes ., MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 8 Sam DeOto Yes Mark Marsh Yes The board felt the awning acted as a sign and did not appear to be part of the building. It appeared to be free standing. Also, Mr. Marsh was concerned awnings would proliferate. E. Engleman's Kosher Foods Delray Square Shopping Center Alfred Cilcius Elevations & Landscaping Represented by Alfred Cilcius. There is to be access to the freezer from both the inside and the outside. Barbed wire was proposed. After discussion, Mrs. Oster moved to approve the elevations and landscaping for Engleman"s Kosher Foods with the following conditions: remove the barbed wire, the fence be changed from 61 to 8', the Ficus hedge be continued around the cooler and condenser (completely screen on the north elevation), the dumpster and location be approved by staff, the dumpster have cyclon gates with inserts and walls and appropriate angle, no plywood allowed on the cooler ever. Seconded by Mr. DeOto. The vote was as follows: Sam DeOto Yes Jess Sowards Yes Rett Talbot Yes Gene Fisher Yes Debora Oster Yes Mark Marsh Yes Ad;ournment There being no further discussion, the meeting was adjourned at 10:35 p.m. Note To Reader -- If the Minutes you have received are not completed as indicated above, these are not the official Minutes of the Site Plan Review and Appearance Board. They will become official Minutes only after they have been reviewed and approved which may involve some amendments or additions or deletions of the Minutes as set forth above. '. . , . - MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 9 The undersigned is the secretary of the Site Plan Review and Appearance Board of Delray Beach and the information is the Minutes of the meeting of said Site Plan Review and Appearance Board of April 15, 1992, which Minutes were formally approved and adopted by the Site Plan Review and Appearance Board on , 1992. ~m {jCLW Anita Barba Recording Secretary sm41592.txt ., - ... .. .... ATTENDANCE i.992 SITE PLAN REVIEW AND APPEARANCE BOARD JAN FEB MARAPR MAY JUN JUL AUG SEP OCT NOV DEC Mark Marsh A f pp.ç ff ~~ Jess Sowards p f pP P f-P pf pP r ff p~ - Debora Oster f p i'<eU ialbot p p APf pp pf Gene Fisher p p p.P P pp If Sam DeOto , f p' P fJ> p P Tom LaSalle P f ~pp pp f ·f " .' .~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER[JjJÌ SUBJECT: AGENDA ITEM # 9b - MEETING OF MAY 12. 1992 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION JBA INVESTMENTS. INC. DATE: May 8, 1992 An appeal has been filed by Mr. Jacob Ben-Ari, applicant and Chairman of JBA Investments Group, Inc 'J regarding the decision of the Site Plan Review and Appearance Board to impose certain conditions on the approval of a site plan for JBA Investments Group, Inc. The conditions being appealed include a requirement to dedicate 10 feet of right-of-way along Dixie Highway (pursuant to LDR Section 5.3.1(A)(3» and to install curbing around landscape areas in the parking lot (pursuant to LDR Section 4.6.16(E)(3». The subject property is the site of the old Miller Dodge dealership, located on the west side of Federal Highway just north of Allen Avenue extended. The two buildings have been vacant since Miller Dodge left the premises in 1988. The site plan modification request was to allow auto sales, general auto repair, and a specialty repair use on this site. Proposed site improvements include facade alterations and the installation of a new parking lot and associated landscaping. The basis of the applicant's appeal, with regard to the dedication of additional right-of-way, is that SPRAB has granted a waiver for the side-walk along this road which automatically classifies this road as a limited function road; that dedication of the additional 10 feet will result in 25 feet of uninterrupted green area that may be used for additional parking for the flea market; that the dedication would affect the uniformity of the parcel; thus reducing its value; and would eliminate employee parking. It is staff's opinion that the dedication of the 10 feet of right-of-way should be required. With regard to the curbing requirements, the basis of the applicant's appeal is that the curbing will detract from the appearance of the parking lot which is to be surfaced with paver blocks. Staff recommends that this item be remanded to the Site Plan Review and Appearance Board for further review. A detailed staff report is attached as backup material for this item. " '. .' .. C I T Y COM MIS S ION DOC U MEN TAT ION TO: D\AVI~, T. .I!J\RDEN~NAGE~",~ \-._-~c-.-.~,~'~ O~~c.A THRU: DAVID J. KOVACS, PLANNING AND ZONING ~OR FROM: DIANE DOMINGUEZ, PLANNER III~~ \~~ SUBJECT: MEETING OF MAY 12, 1992 CONSIDERATION OF AN APPEAL OF CONDITIONS IMPOSED BY THE SITE PLAN REVIEW AND APPEARANCE BOARD, ON A SITE PLAN APPROVED FOR JBA INVESTMENTS GROUP, INC. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of considering an appeal of conditions imposed by the Site Plan Review and Appearance Board in conjunction with the Board's approval of a site plan for JBA Investments Group, Inc. The conditions being appealed include a requirement to dedicate 10' of right-of-way along Dixie Highway (Section 5.3.1(A)(3)), and a requirement to install curbing around landscaped areas in the parking lot (Section 4..6.16(E)(3)). This appeal was filed by Mr. Jacob Ben-Ari, applicant and Chairman of JBA Investments Group, Inc. GENERAL BACKGROUND The subject property is the site of the old Miller Dodge dealership, located on the west side of Federal Highway just north of Allen Avenue extended. The rear of the property faces Dixie Highway. The two buildings on the property have been vacant since Miller Dodge left the premises in 1988. Mr. Ben-Ari submitted a request for a site plan modification which would allow auto sales, general auto repair, and a specialty repair use involving the alteration of foreign car emission systems to comply with U.S. standards. Proposed site improvements include facade alterations and the installation of a new parking lot and associated landscaping. SPRAB approved the site plan subject to several conditions. The background involving the two conditions which are the subject of this appeal is described below. 'r " .' City Commission Documentation JBA Investments Inc. Page 2 REQUIREMENT FOR 10' OF RIGHT-OF-WAY Backqround Jurisdiction over Dixie Highway was recently transferred from Palm Beach County to the City. Under the Cityts jurisdiction, the ultimate right-of-way requirement was reduced from 80 to 60 feet. The LDRs allow for a further reduction in right-of-way to be granted by the approving board subject to the approval of the Ci ty Engineer, and based on certain findings. In this case, staff's recommendation was for a reduction to 40 feet, which is the minimum required to accommodate pavement, drainage, and possible future sidewalks for a two lane road. The 40' right-of-way will require a 10 ft. dedication along the western property line of the JBA site. The table below illustrates the differences in the potential right-of-way and dedication requirements for this property. Ultimate R/W Dedication Required Requirement From JBA Site Palm Beach County Thoroughfare Plan 80 feet 50 feet City's LDRs 60 feet 30 feet Applicant's request 30 feet 0 feet Staff recommendation 40 feet 10 feet This case is complicated by the fact that the right-of-way requirement is necessarily measured from the east line of the F. E. C. rail corridor, when the actual road itself encroaches approximately 5 feet into that corridor (see Exhibit B, Cross-section--Pavement) . Another issue is that without some type of relief, the dedication requirement would limit the applicant's ability to use the area behind one of his buildings (Building "B" on the site plan). The building has overhead doors facing Dixie Highway, and the adjacent paved area had been used by the previous tenant for parking and circulation between the bays. Applicant's Position on Dedication of Riqht-of-Way Mr. Ben-Ari' s letter appealing the right-of-way dedication is attached. Pages 3 and 4 of the letter list the various points of appeal. Points "a", "c", "d", and "g" state the applicant's contention that it is highly unlikely that the right-of-way will ever be needed for road widening, sidewalks or utili ties. He maintains that Dixie Highway has a limited function in this area, and that it is not realistic to expect that it would ever be widened. Further, the City Engineer has waived the requirement to install sidewalks, and the water main is to '. .. City Commission Documentation JBA Investments Inc. Page 3 remain in its present location in the swale area between the Miller Dodge property line and the roadway. Mr. Ben-Ari is also concerned that the resulting landscaped area which will be created by the dedication will attract Flea Market customers who are looking for a place to park (point "b" of his letter) . In point "f" of his letter he states that he is not satisfied with SPRAB's approval of his request to continue the use of the right-of-way behind Building "B", but not to allow him the use of the remaining right-of-way. He states that the compromise causes the property to be an irregular shape which will decrease its value. Staff's Recommendation on Dedication of Riqht-of-Way Section 5.3.1 of the LDRs states that when a development is adjacent to an existing or planned street, the development is responsible for providing the required right-of-way which is on that development's side of the center line. Dedications for right-of-way are not only necessary to accommodate future road widenings, but are needed to provide room for drainage, pedestrian ways and bikeways, and utilities. In recognizing that the function of Dixie Highway in this particular location is somewhat limited, staff recommended a reduction in the required right-of-way f rom a potential of 80 feet to 40 feet, which is the minimum acceptable to the City Engineer. This reduced the dedication required from a maximum of 50 feet to 10 feet, which greatly improved the potential use of this property. Staff disagrees with applicant's statements that the right-of-way will probably never be needed or used. As previously stated, Dixie Highway now encroaches approximately 5 feet into the F.E.C. rail corridor. The Florida Department of Transportation is currently negotiating with the F.E.C. f or the use of that rail corridor for passenger travel. New demands on the use of that corridor could create a situation in which the F.E.C. would require that the road be moved outside of the rail right-of-way. The dedication along the Miller property would be necessary to accommodate the relocation. Regarding Mr. Ben-Ari's statements that the landscaped area will ultimately be used for flea market parking, that potential exists with or without the right-of-way dedication (see Exhibit C, Cross section--Swales). Under the existing situation, the potential parking area is 16 feet in width. If the right-of-way dedication is made, that area will increase to 26 feet. Either of these widths can easily accommodate a vehicle parked parallel to the road. A more effective means of control is the posting of the site as a "No Parking" area, and towing vehicles which are parked there. In his appeal letter, Mr. Ben-Ari stated that the a right-of-way dedication of 5 feet had previously been approved by SPRAB for '. '. 0, City Commission Documentation JBA Investments Inc. Page 4 Wendell Miller. However, that approval was for a reduction in perimeter landscaping from lOt to 5 t , not a reduction in the right-of-way dedication. SPRAB Consideration of Dedication of Riqht-of-Way SPRAB approved the reduction in right-of-way width along Dixie Highway from 60 to 40 feet, and required the 10 ft. dedication as a condition of site plan approval. In order to alleviate Mr. Ben-Ari's concerns about his ability to use the right-of-way area behind his building, SPRAB also conditioned the approval on the execution of an agreement which will allow him to continue that use until such time that the right-of-way is needed. Mr. Ben-Ari had asked that the Board allow him the use of all of the right-of-way on a similar "temporary" basis; that is, he would install his parking and landscaping in the right-of-way as shown on the site plan, and agree to remove it if it became necessary to widen the road. The Board did not grant the request, as the situation behind the building is a non-conformity which could be allowed to continue, as opposed to the installation of a new parking area in the right-of-way. In addition, modifying the site in the future would require the removal and replacement of a significant amount of landscaping and paver blocks, when the 10 ft. dedication can be easily accommodated now through minor revisions to the site plan. Those revisions could include the elimination of three display parking spaces, or the use of additional area which is available on the site for parking. Mr. Ben-Ari's statement that this compromise leaves the property with an irregular shape is not correct. The dedication would run the entire length of the property, leaving a straight edge on the west side. However, he would be permitted to leave the area behind the building in its present non-conforming state, and continue to use the right-of-way area. CURBING AROUND LANDSCAPED AREAS Backqround Curbing is a standard requirement to protect landscaped areas from being damaged by vehicles operating in and around parking lots. Reinforced concrete curbing, or curbing made of a material of similar durability, is required by Section 4.6.16(E)(3) of the LDRs, for all planting areas adjacent to parking spaces, accessways, and/or traffic. The site plan includes car stops in front of the parking spaces, but there is no protection provided for landscaping in other areas of the lot. ., '. -, City Commission Documentation JBA Investments Inc. Page 5 Applicant's Position on Curbinq Requirement The applicant does not want to install concrete curbing because he feels it will detract from the appearance of the parking lot, which is to be surfaced with paver blocks. He also states that traffic in and around his parking lot will be minimal compared to that experienced in malls and other heavily traveled parking areas. In his appeal letter, he suggests the use of a paving stone material in lieu of concrete curbing. This suggestion had not been made prior to the submission of this letter. Staff's Recommendation on Curbinq Requirement Staff recommended against the applicant's request for a waiver of the curbing requirement. Parking lots in vehicle sale and service areas experience a degree of traffic which warrants measures to protect landscaping. Staff has not seen a detail of the suggested alternative material. SPRAB Consideration of Curbinq Requirement The Board denied the applicantts request for a waiver from the requirement to install concrete curbing, based on the need to provide adequate protection to the landscaped areas. The applicant did not propose the use of an alternative material to SPRAB. RECOMMENDED ACTION By separate motion: 1. Deny the appeal of the 10 ft. right-of-way dedication requirement. 2. Remand the alternative curbing plan proposed by the applicant to SPRAB for review. Attachments: Location map Site plan sketch Cross-section of pavement and right-of-way Cross-section of swale and landscaped areas Letter of appeal from Jacob Ben-Ari DD/T:JBACC.DOC 'I - - t, . ~ t I ~ '~i I I "I ~~_ ~ --- ~ ~ J___ L-----' ~ J ~ .m ) w I - . .. ;:, I ; ---- --- j: --- ~ Q: /0 21 Sf STREET 01) 2: W . . >- % X ---- "" J ~ /2 I , STREET ____ ~ ì I ã I ~ ).. -J ~ ~ X L4l ~ Q :r ~ ~ >< è5 - '--- ~H AVL /' '------ 1= - I--- ~ - ~ _ "'0[ '- - I .- - I I I ~ ROYAl. PAU. IOULEVARD - 01) I I ~ J -- - - '4 - , Z_ ---., I . __ EASTVIEW AV[. :J -- II' _ r /1 '1"/' 1/1 - - I------i li - - - ,,,",,/" ,,1'/11 - --L 1 ~ >-- C_ - _ ¡ fIT J8A INVESTMENT GROUPt INC. '( C -- I - I I ~ 1/ / SITt: PLð.N APPROVAL ~ ~ lAI<[ AVE. I j ~ I r-ï "\ \ J I ---¡ II lL AVE, u.x£ AVI. S. I j ¿! · ~- --.-~ -, ~..~ -~ - '. " . . " " RECE'VED ¡J / d 7/ q;)- -3 I~ JBA INVESTMENT GROUP Inc. , f. (fI, 711 NE 71st Street CrT'{ CLERK BOCA - RATON, FL 33487 ~~(F'¡e~IFP'r~ ~ I''; , -',' : ,- \", 1,'':,1 : . , , "'I..: ".", "",., l ,.f, '". ~'''''-';f"' .~~-''''''' 1...... \~ ',' I. (. '; ~¡,;,9 - " ~',¡,: '.. CITY CLERK OF THE CITY OF DELRAY BEACH AP~,1 2f( 100 N. W. 1st Avenue DELRAY BEACH, FL 33444 PLANNING & ZONíí",G REF: Appeal to certain decisions made by the review board of the City of Delray for site plan proposal Dear Sir/Madam, On April 15th, 1992, SPRAB approved the JBA Investment Group Inc., site plan presented to them. One major condition and one technical condition has prevented the site plan from being fully approved. Background: JBA has already invested a very large amount of time and money, including appointing three different architects and two civil engineers to present a site plan and elevation modification to tremendously improve the existing Miller Dodge property. This property has been vacant for three and a half years. Our interest is to develop this property immediately upon final approval of the city, it isn't necessary for our business to wait for investors to begin development. We are also intending to operate a business and not a residential housing project. Access and egress to and from the building is vital to the survival of our business, as well as visibility of the property. It is our impression that SPRAB is not familair with what is necessary to operate a business. It appears that what is important to them, is that there are "pretty buildings" lining the streets of Delray. This is important for the appeal of the city, however, "Pretty buildings" alone do not employ citizens, they do not generate a tax base, and they do not maintain 1 '. " .. themselves. What we would like to point out, is what is necessary for our business to survive, and we would appreciate your cooperation for us to be able to acheive this. The city code required a dedication of 10' right of way to the State for road development. JBA has complied with this request, however, this was not given easily because, this is a prime property and a loss of 350 feet along the most precious part of this property was a very difficult decision. In addition, 350 feet of property along Federal highway, carries a value of approximately $120,000, that our business will loose. In the future, the City or the State, will destroy many businesses along Federal in order to acquire this additional 10' of right of way. We agreed to this condition and we have dedicated this required 10' of our property to the State. SPRAB is also requesting that we donate an additional 10' of our property for right-of-way purposes on Dixie highway, which overstretches our generosity to the city and will restrict the operation of our business. The second disagreement we have with the Board, regards the curbing around the landscape areas. Reviewing the elevations and the parking lot pavings, shows the elegancy and the classic style developed for this site. The required heavy concrete curbing will not be asthetically appealing with the classic look of the overall project. APPEAL 1- JBA Investment Group, Inc., is appealling the decision of the SPRAB made on April 15th, 1992 concerning the dedication of 10' right-of-way along Dixie HWY and the use of curbing on the property. 2 '. ·. . Basis of Appeal: a. The Board granted a waiver for the side-walk along this road which automatically classified this road as a very limited function road. b. By increasing the green area from the existing asphalt road to the first parking spaces in the property, there will be 25' of uninterrupted green area for vendors and customers of the Flea Market to park their vehicles (the code enforcement will not be able to handle the towing and we will have no jurisdiction for towing vehicles). c. Looking into the Budget of the Comprehensive Plan of the City of Delray, our estimate is that it will take the City enormous financial efforts to develop this strip of Dixie HWY. The plan also indicates that there is no intention of developing this road for the next 5 years. d. This particular strip of Dixie HWY is a "pocket Road" which begins at Federal by the Texaco gas station on the border between Boynton and Delray, and ends in Federal with one lane just before 8th Street. To widen this road with an equal width throughout will eliminate many businesses. In addition, this is not a realistic development for a "service road". e. On April 23rd, 1991, the SPRAB approved a total dedication of 5' to the previous applicant Wendell Miller. This compromise is not agreeable to us because the access to the service area for deliveries and maintenance will be disturbed. f. We also do not agree to the compromise of the Board indicated at the April 15th, 1992 meeting. The proposal was to leave the back of the service building with no dedications of right-of-way, but will give the 10' dedication beginning immediately thereafter. (1. ) This proposal will cut the property into an ununiform shape which will decrease the value of 3 ., ,I the property tremendously. (2.) The Dumpster will have to be relocated to the front of the show room in order to have sufficient access to the huge Dumpster Truck to maintain service. (3.) The employee parking spaces will be eliminated, for no reason leaving employees vehicle to park in customer parking spaces. g. All service utilities (water, telephone, cable) along Dixie HWY are located within the existing 10' right-of- way, between the asphalt edge and the property in discussion. We see no requirements in the future to justify this additional 10' of right-of-way. 2. JBA Investment Group, ·Inc., also appeals the decision of the board, to provide concrete curbing around landscape islands. As mentioned before, curbing is not reconunended in conjunction with fine paving stones. All the extra expense to install the paving stones was added to the plan to assure the consistency of the elevation and the parking area with the classical look of the building. The traffic inside the property will be very limited, compared to Malls and Recreational areas which need the protection of the landscaping. Our request from the City Commissioner is to approve: 1. a. The existing property line as indicated in the survey, the west property line along Dixie HWY to remain unchanged as indicated in the site-plan. b. JBA Investment Group, Inc., will sign an agreement with the City of Delray Beach which will indicate that if and when the City will be ready to develop this area, and when all along this strip, all owners have dedicated or the city acquired the additional 10' (more or less), we will be obligated to dedicate an equal portion on the west side of the property). 4 ,. .. c. JBA Investment Group, Inc., will modify the landscaping plan in a way that along the west side of the property palm trees (queen Palms) will be planted instead of the shade trees as indicated in the landscape plan. This will ease the relocation of the pa~s in the future if necessary. 2. The waiver request for the concrete curbing will be handled by professionals to give a lower curbing made of the same high quality paving stones as a curbing and a 'frame" in the same "---/~ tim;. L \ \,~. \ (c~ - I ...r-------'" K'\ ". . -----,. ~ . ( Dr. Jacob Ben-Ari ~. . " I 'J 5 I" .' .. . \ --~ " " " ',,- JBA INV:;~:~~S ~ITE PLAN -1.-'T, -. D 11 ~'''' - - - - - - T - - - - I ! i i ( I rrfc-r----- : I / ur I I';, I I J I {f' '- I I' ' . , "I ' '" '-- I I . ' · Hf -: /' I ' 1 , ,,5- 1 f I I I ¡I,; · I I / I /-11 -( H I f / I I .' I I 1 1 'j I I I / I J" I I I I c. ~ I . 1 £ I I I J · ' / I I I 1 , ); I q J I / I h- /1 ,I +J 1,,1 ::r:: I; ~i/ >0 ~ / I! -.I ~ E5 1 () > I . 8 1 ~il ~ . I 11 L¡: :;¿ 1 j' 1 I ~. . I I 1 t { - . -- ~ - =1 "1 - I I ~ / 4-- _ _ I J ~ I PI. I I ~I 1 ì:,/ I ; { f I '/ 'd I' ! I / >- _ r I,,' 'I'~ .' L~ I /,! ~ .>. hH ' 8 I Hi I Ie: +J I t "" 1/, I I jJ___I__ J .·-Jr I ' I "I I ~ "II ;~ I I I ~ ~ / ~ ~I i I ~ ~ I ~'1 I J " ~ 1.§ I . · ¡-~ J I · I +.1 j, . . ~ °l~----"':<i__µ - - SOL£~ - - - - - - , .. '. .. .- EXHIBIT "B" J,B,A, InvestMents Cross section of Pa.veMent a.nol Right-of -wa. y Existing Conditions Encroo.chMent ~ Property Line -5- 'J 0. ter Mo.ln / --- R I U , ·1~1l'- 24' Existing Po. veMent -- 50' -- -4 30' .. FEC Ro.llroo.d RO'J Existing DIXIe Hwy. RO'J MiniMUM (Reconstructed) Street Section Property Line 'Jlth 40' RO'J / --8-- 'J 0. ter Mo.ln --8-- '" H, Swo.le I Swo.le .. 24' .. Reloco. ted Po. veMent --50'-- .. 40' ~ FEC Ro.llroo.d ROW' Proposed DIxie Hwy. RO'J ,'. '. - EXHIBIT "e" J,B,A, InvestMents Cross Section of Swale and Landscaped Areas Eo.st of Dixie Hwy. Existing Conditions 'Jest RD'J Line lJo.ter Mo.ln Property Line Proposecl Pa.rklng Lot I '\ 24' --I ~ / 5 1-11'--1-5~1 - - Dbde Hwy Po.ve~ent Swo.le L Required Lo.ndsco.pe Area. Total Landscaped Area. - 16' - Cross Section w / la' Dedico. tion 'Jest RD'J Line 'JOoter Mo.ln New Property Line Proposed Porklng Lot 8- 24' ..I ~ / / I I DIXIe Hwy Po. ve~ent 1-11' --1--l0'_~5~1 ~wo.le Add. Dedlco. tlon \ Required Lo.ndsco.pe Area. T ota.l Landsca.ped Area. - 26' - Sto.ndo.rd Street Section 'Jest RD'J Line If' DIXIe Hwy. Is reloco. ted '\ ____Property Line ~ .._~ No" ~ _ 8'__ Proposed Po.rklng Lot SWQle / Swo.le -4 24'1 .. , DIxIe Hwy Po. ve~ent l--l0'-1_5~1 Dedlco. tlon \ Required Lo.ndsco.pe Area. Total Landscaped Area. - 13' - '! " MINUTES: Site Plan Review and Appearance Board Meeting April 15. 1992 Page 4 . Regarding elevations, Mr. Fisher moved to approve the elevations based upon positive findings pursuant to Section 4.6.18 for the 160 Center. Seconded by Mr. Sowards with the vote as follows: Debora Oster Yes Sam DeOto Yes Gene Fisher Yes Rett Talbot Yes Jess Sowards Yes Mark Marsh Yes *- B. JBA Investments Group Inc. Dr. Jacob Ben-Ad 1900 North Federal Highway Site Plan, Landscaping & Elevations Represented by Jacob Ben-Ari. Mr. Dorling reviewed the staff report. The applicant stated he would not be displaying any vehicles outside. If the applicant is to provide a la' right-of-way by Dixie, there will be unusable space behind an existing building by Dixie. Mr. Dorling indicated that the perimeter landscaping noted for phase II would be provided in phase I. The applicant is required to provide a la' right-of-way along Dixie; he was not in favor of this and felt it would be a great imposition. The outstanding issue is the condition to dedicate the right-of-way on Dixie. Dr. Ben-Ari stated he needed the access on Dixie. The applicant responded he could not operate with the 10' or 5' dedications. He also felt the required curbing would not be attractive. Mr. Dorling clarified that a la' dedication along Dixie is needed: the agreement is that the applicant may utilize the dedication area behind building "B", which would be given, until such time as needed; at that time, the site will need modification: the parking will need to be modified at this time. Regarding the site plan, Mr. Talbot moved to approve the site plan based upon positive findings with respect to Chapter 3.1.1 and Section 3.3.3 (Performance Standards) of the Land Development Regulations, Policies of the Comprehensive Plan, subject to the following conditions: an agreement be provided that the landscaping and asphalted area behind building "B" can be utilized as indicated on the site plan until such time as the la' additional right-of-way is needed for Dixie Highway improvements. At that time, a site plan modification is required to accommodate the 5' landscaping. The following conditions are also included: a. Dedication of la' of right-of-way for both Federal Highway and Dixie Highway. b. Platting prior to issuance of building permit, the plat accommodate the right-of-way dedications, easements for existing telephone lines etc. c. Submittal of revised site plans and paving and drainage plans accommodating the comments under the technical items section of the staff report. d. Provision of protective curbing around landscaped areas as required pursuant to Section 4.6.16(E)(3). Seconded by Mrs. Oster. "f · " MINUTES: Site Plan Review and Appearance Board Meeting April 15. 1992 Page 5 The vote was as follows: Sam DeOto Yes Rett Talbot Yes Debora Oster Yes Gene Fisher No Jess Sowards Yes Mark Marsh Yes Mr. Marsh felt that leniency was granted. He explained that the area behind Building "B" is non-conforming. Mrs. Oster moved to approve a waiver from Section 5.3.1(D)(4) to reduce the Dixie Highway right-of-way width to 40'. Seconded by Mr. Sowards with the vote as follows: Gene Fisher Yes Sam DeOto Yes Debora Oster Yes Jess Sowards Yes Rett Talbot Yes Mark Marsh Yes Mr. Sowards moved to approve a waiver from Section 6.1.3(B)(5) for the 5' sidewalk along Dixie Highway. Seconded by Mr. DeOto with the vote as follows: Debora Oster Yes Jess Sowards Yes Gene Fisher Yes Sam DeOto yes Rett Talbot Yes Mark Marsh Yes Mr. Sowards moved to approve the elevations upon positive findings with respect to Section 4.6.18 with the condition that Building "B" be painted in a complementary color to Building "A". Seconded by Mrs. Oster with the vote as follows: Sam DeOto Yes Rett Talbot Yes Gene Fisher Yes Debora Oster Yes Jess Sowards yes Mark Marsh Yes Mrs. Oster moved to recommend that the City Commission deny the request for a waiver from the requirement to provide curbing around landscape areas. Seconded by Mr. Talbot with the vote as follows: '. ~ ¡. MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 6 Rett Talbot Yes DEbora Oster Yes Gene Fisher Yes Sam DeOto Yes Jess Sowards Yes Mark Marsh Yes c. Griffin Gate S.E. 4th Street & South Swinton Avenue Fred Griffin Site Plan, Landscaping & Elevations Represented by Fred Griffin. Mrs. Meeks reviewed the staff report. There will not be a common area. The private sidewalks will be maintained by the association. Mr. Griffin commented in that the landscaping against the fence will be difficult to maintain. Mrs. Oster suggested some landscaping of mid height in the rear. Mrs. Davila recommended of use of different landscaping materials which would be more functional and serviceable. It was suggested the landscaping be approved at a later time. Mrs. DAvila felt the landscaping should be maintained by the association. The members felt the landscaping was a sensitive issue. One of the members noted that the front of the building has the same appearance as the rear. The walls appear to be bland and perhaps this could be address with more landscaping. The wall colors are a peach. There was discussion regarding the elimination of the sidewalks as a connection from Swinton due to parking problems. Mr. Griffin would per fer to retain the sidewalks so that the homes appear to be single family. After discussion, Mr. DeOto moved to approve the elevations based upon positive findings pursuant to Section 4.6.18 for Griffin Gate and with the concern that the bland elevations at Swinton will be addressed with the landscaping. Seconded by Mrs. Oster with the vote as follows: Rett Talbot Yes Debora Oster yes Gene Fisher Yes Sam DeOto Yes Jess Sowards No Mark Marsh Yes Regarding the waivers, Mr. DeOto moved to approve the waive to eliminate the sidewalk along S.E. 1st Avenue and recommend approval to the City Commission, for the reduction in pavement width for S.E. 1st Avenue from 24' to 20'. Seconded by Mr. Sowards with the vote as follows: Jess Sowards Yes Rett Talbot Yes Gene Fisher Yes Sam DeOto Yes Debora Oster Yes Mark Marsh Yes " " . . ,¡;¡I!! ~ ó,! IjM ~. ~ 'r '~ .-,' <; April 28, 1992 Dr. Jacob Ben-Ari JBA Investment Group Inc. 711 N.E. 71st Street Boca Raton, FL 33487 Re: Appeal of Site Plan Review and Appearance Board Decision (Conditions Imposed)/Site Plan Approval for 1900 North Federal Highway, Delray Beach, Florida Dear Dr. Ben-Ari: This is to acknowledge receipt of your letter of appeal with respect to the action taken by the Site Plan Review and Appearance Board on the above referenced matter at the meeting of April 15, 1992. Pursuant to Section 2.4.7 of the Land Development Regulations, the appeal was received in a timely manner by the Clerk's office on April 27, 1992. Please be advised that the matter will be scheduled for consideration by the City Commission at the regular meeting to be held on Tuesday, May 12, 1992. The meeting will begin at 6:00 P.M. and will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. You may wish to check with my office prior to the May 12th meeting to determine the item's standing on the agenda. Should you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, 0Lwn~1!~ Alison MacGregor Harty City Clerk AMH/m cc: Diane Dominguez, Planner III Cheryl Leverett, Agenda Coordinator '. " . RECE'VED JII é) 7/ q;}- -3 I~ JBA INVESTMENT GROUP Inc. , f,rf/, 711 NE 7lst Street CITY CLERK BOCA - RATON, FL 33487 CITY CLERK OF THE CITY OF DELRAY BEACH 100 N. W. 1st Avenue DELRAY BEACH, FL 33444 REF: Appeal to certain decisions made by the review board of the City of Delray for site plan proposal Dear Sir/Madam, On April 15th, 1992, SPRAB approved the JBA Investment Group Inc., site plan presented to them. One major condition and one technical condition has prevented the site plan from being fully approved. Background: JBA has already invested a very large amount of time and money, including appointing three different architects and two civil engineers to present a site plan and elevation modification to tremendously improve the existing Miller Dodge property. This property has been vacant for three and a half years. Our interest is to develop this property immediately upon final approval of the city, it isn't necessary for our business to wait for investors to begin development. We are also intending to operate a business and not a residential housing project. Access and egress to and from the building is vital to the survival of our business, as well as visibility of the property. It is our impression that SPRAB is not familair with what is necessary to operate a business. It appears that what is important to them, is that there are "pretty buildings" lining the streets of Delray. This is important for the appeal of the city, however, "Pretty buildings" alone do not employ citizens, they do not generate a tax base, and they do not maintain 1 .. '. . themselves. What we would like to point out, is what is necessary for our business to survive, and we would appreciate your cooperation for us to be able to acheive this. The city code required a dedication of 10' right of way to the State for road development. JBA has complied with this request, however, this was not given easily because, this is a prime property and a loss of 350 feet along the most precious part of this property was a very difficult decision. In addition, 350 feet of property along Federal highway, carries a value of approximately $120,000, that our business will loose. In the future, the City or the State, will destroy many businesses along Federal in order to acquire this additional 10' of right of way. We agreed to this condition and we have dedicated this required 10' of our property to the State. SPRAB is also requesting that we donate an additional 10' of our property for right-of-way purposes on Dixie highway, which overstretches our generosity to the city and will restrict the operation of our business. The second disagreement we have with the Board, regards the curbing around the landscape areas. Reviewing the elevations and the parking lot pavings, shows the elegancy and the classic style developed for this site. The required heavy concrete curbing will not be asthetically appealing with the classic look of the overall project. APPEAL l. JBA Investment Group, Inc., is appealling the decision of the SPRAB made on April 15th, 1992 concerning the dedication of 10' right-of-way along Dixie HWY and the use of curbing on the property. 2 '. " Basis of Appeal: a. The Board granted a waiver for the side-walk along this road which automatically classified this road as a very limited function road. b. By increasing the green area from the existing asphalt road to the first parking spaces in the property, there will be 25' of uninterrupted green area for vendors and customers of the Flea Market to park their vehicles (the code enforcement will not be able to handle the towing and we will have no jurisdiction for towing vehicles). c. Looking into the Budget of the Comprehensive Plan of the City of Delray, our estimate is that it will take the City enormous financial efforts to develop this strip of Dixie HWY. The plan also indicates that there is no intention of developing this road for the next 5 years. d. This particular strip of Dixie HWY is a "pocket Road" which begins at Federal by the Texaco gas station on the border between Boynton and Delray, and ends in Federal with one lane just before 8th Street. To widen this road with an equal width throughout will eliminate many businesses. In addition, this is not a realistic development for a "service road". e. On April 23rd, 1991, the SPRAB approved a total dedication of 5' to the previous applicant Wendell Miller. This compromise is not agreeable to us because the access to the service area for deliveries and maintenance will be disturbed. f. We also do not agree to the compromise of the Board indicated at the April 15th, 1992 meeting. The proposal was to leave the back of the service building with no dedications of right-of-way, but will give the 10' dedication beginning immediately thereafter. (1. ) This proposal will cut the property into an ununiform shape which will decrease the value of 3 '1 '" the property tremendously. (2. ) The Dumpster will have to be relocated to the front of the show room in order to have sufficient access to the huge Dumpster Truck to maintain service. ( 3 . ) The employee parking spaces will be eliminated, for no reason leaving employees vehicle to park in customer parking spaces. g. All service utilities (water, telephone, cable) along Dixie HWY are located within the existing 10' right-of- way, between the asphalt edge and the property in discussion. We see no requirements in the future to justify this additional 10' of right-of-way. 2. JBA Investment Group, . Inc. , also appeals the decision of the board, to provide concrete curbing around landscape islands. As mentioned before, curbing is not recommended in conjunction with fine paving stones. All the extra expense to install the paving stones was added to the plan to assure the consistency of the elevation and the parking area with the classical look of the building. The traffic inside the property will be very limited, compared to Malls and Recreational areas which need the protection of the landscaping. Our request from the City Commissioner is to approve: 1- a. The existing property line as indicated in the survey, the west property line along Dixie HWY to remain unchanged as indicated in the site-plan. b. JBA Investment Group, Inc., will sign an agreement with the City of Delray Beach which will indicate that if and when the City will be ready to develop this area, and when all along this strip, all owners have dedicated or the city acquired the additional 10' (more or less), we will be obligated to dedicate an equal portion on the west side of the property). 4 " . c. JBA Investment Group, Inc., will modify the landscaping plan in a way that along the west side of the property palm trees (queen Palms) will be planted instead of the shade trees as indicated in the landscape plan. This will ease the relocation of the palms in the future if necessary. 2. The waiver request for the concrete curbing will be handled by professionals to give a lower curbing made of the same high quality paving stones as a curbing and a 'frame" in the same '\-f=' time. . l ...-1 . 'I .~ . I \.. C:::' ~_ \\ ",j 5 . '. . . . A me r,c\ {' cl . y, d.-C1-C¡ ~ MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD MEETING, WEDNESDAY, APRIL 15, 1992 AT 6:30 P.M. Members Present Others Present Mark Marsh, Chairman Janet Meeks, Planner Rett Talbot Paul Dorling, Planner Gene Fisher Diane Dominguez, Planner Sam DeOto (arrived later) Nancy Davila, City Horti- Jess Sowards culturist Debora Oster 1. The Chairman called the meeting to order at 6:30 p.m. and the recording secretary took the roll. II. Mr. Sowards moved to approve the minutes from April 1, 1992. Seconded by Mr. Fisher with the vote as follows: Gene Fisher Yes Rett Talbot Yes Debora Oster Yes Jess Sowards Yes Mark Marsh Yes III. MISCELLANEOUS A. Peach Umbrella 401, 409, 413, 419 & 421 West Atlantic Avenue CRA - Chris Brown Elevations Represented by Elizabeth Debs. At a previous meeting, the members expressed concern with the number of different colors and the roof top signs. Now, the signs have become part of the parapet. The colors are a dark peach, light peach, peacock green, ivory, and red on the mullions. The members were in favor of the color combinations. Some of the members were concerned with the Peach Umbrella logo on the project and others questions the neon on the top portions. It was felt that the umbrella on the cupola was "too much". Also, the ice cream roof top sign was of some concern. (Mr. DeOto arrives). Mr. Marsh stated there was a vast improvement. After discussion, Mrs. Oster moved to approve the elevations for Peach Umbrella pursuant to Section 4.6.18. Seconded by Mr. Fisher with the vote as follows: Jess Sowards Yes Debora Oster Yes Rett Talbot Yes Gene Fisher 'res Mark Marsh Yes ," . MINUTES: Site Plan Review and Appearance Board Meeting " . . April 15, 1992 Page 2 . B. Bridge Tenders House Atlantic Avenue Bridge at the Intracoastal Waterway CRA - Chris Brown Elevations (Mr. Sowards stepped down.) Represented by Thuy Shutt. Ms. Shutt stated the colors on the house will not conflict with the blue color of the bridge. The roof will be in concrete and a person will be able to see through the shutters. Mr. Marsh noted there are four (4) colors on the house with the additional color of the bridge. He added the architecture was well done but questions the number of colors but felt the color of the shutters was a good contrast. No vote was taken by the board at this time. (Mr. Sowards stepped back up.) C. Dean Witter Building 1030-1070 South Federal Highway Richard Parkman Elevations Represented by Dennis Udman and Richard Parkman. The new structure will match the existing in color and PVC will be used for the lattices. The posts will be painted in white. After discussion, Mr. Fisher moved to approve the elevations pursuant to section 4.6.18. Seconded by Mrs. Oster with the vote as follows: Sam DeOto Yes Debora Oster Yes Jess Sowards Yes Rett Talbot Yes Gene Fisher Yes Mark Marsh Yes Mrs. Oster moved to approve the landscaping plan pursuant to section 4.6.16. Seconded by Mr. Fisher with the vote as follows: Gene Fisher Yes Sam DeOto Yes Jess Sowards yes Rett Talbot Yes Debora Oster Yes Mark Marsh Yes IV. PROJECT PLANS A. 160 Center 160 S.E. 6th Avenue Dr. Salatino Minor Site Plan Modification Represented by Richard Svopa and Dr. Salatino. Mrs. Meeks stated that the comprehensive plan dictates that the cross access remain open. She · MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 3 added that most of the technical items have been addressed. The applicant stated they do not wish to have the cross access and are against it. Mrs. Meeks explained the cross access was encouraged by the Planning and Zoning Board and was required as a condition of approval. However, the cross access has not been recorded. Dr. Salatino addressed the Board and stated the cross access has become a problem and there is no legal document regarding the access. Mrs. Meeks responded that it is considered as good planning to have this access through the center. Some of the members did not feel the cross access would be beneficial others wanted to have it open. The major issue appeared to be that of the cross access. After discussion, Mr. Talbot moved to approve the site plan modification based upon positive findings pursuant to Section 3.1.1 (Required Findings) for 160 Center subject to the following conditions: l. That Technical Items 1-4 be addressed prior to building permit submittal. Seconded by Mrs. Oster with the vote as follows: Rett Talbot Yes Debora Oster Yes Gene Fisher Yes Sam DeOto Yes Jess Sowards Yes Mark Marsh Yes Mrs. Oster moved to deny the request for closure of the cross access based on a failure to make a positive finding with respect to consistency with the Comprehensive plan. Seconded by Mr. Sowards with the vote as follows: Jess Sowards Yes Sam DeOto No Gene Fisher Yes Debora Oster Yes Rett Talbot No Mark Marsh No (The access will remain closed.) Mr. Marsh explained that if staff does not find a recorded easement regarding the cross access, the issue may be brought before the board again; in the meantime, the access is to remain closed. Regarding the landscapin~ plan, Mr. Sowards moved to approve the landscape plan based upon positive findings pursuant to Section 4.6.16 for the 160 Building subject to the following condition: 1. That the landscape technical items 1-7 be addressed prior to building permit submi ttal. Seconded by Mrs. Oster with the vote as follows: Rett Talbot Yes Jess Sowards Yes Gene Fisher Yes Debora Oster Yes Sam DeOto Yes Mark Marsh Yes ". , MINUTES: Site Plan Review and Appearance Board Meeting " . April 15, 1992 Page 4 Regarding elevations, Mr. Fisher moved to approve the elevations based upon positive findings pursuant to Section 4.6.18 for the 160 Center. Seconded by Mr. Sowards with the vote as follows: Debora Oster Yes Sam DeOto Yes Gene Fisher Yes Rett Talbot Yes Jess Sowards Yes Mark Marsh Yes B. JBA Investments Group Inc. Dr. Jacob Ben-Ari 1900 North Federal Highway Site Plan, Landscaping & Elevations Represented by Jacob Ben-Ari. Mr. Dorling reviewed the staff report. The applicant stated he would not be displaying any vehicles outside. If the applicant is to provide a 10' right-of-way by Dixie, there will be unusable space behind an existing building by Dixie. Mr. Dor ling indicated that the perimeter landscaping noted for phase II would be provided in phase I. The applicant is required to provide a 10' right-of-way along Dixie; he was not in favor of this and felt it would be a great imposition. The outstanding issue is the condition to dedicate the right-of-way on Dixie. Dr. Ben-Ari stated he needed the access on Dixie. The applicant responded he could not operate with the 10' or 5' dedications. He also felt the required curbing would not be attractive. Mr. Darling clarified that a 10' dedication along Dixie is needed: the agreement is that the applicant may utilize the dedication area behind building "B", which would be given, until such time as needed; at that time, the site will need modification: the parking will need to be modified at this time. Regarding the site plan, Mr. Talbot moved to approve the site plan based upon positive findings with respect to Chapter 3.1.1 and Section 3.3.3 (Performance Standards) of the Land Development Regulations, Policies of the Comprehensive Plan, subject to the following conditions: an agreement be provided that the landscaping and asphalted area behind building "B" can be utilized as indicated on the site plan until such time as the 10' additional right-of-way is needed for Dixie Highway improvements. At that time, a site plan modification is required to accommodate the 5' landscaping. The following conditions are also included: a. Dedication of 10' of right-of-way for both Federal Highway and Dixie Highway. b. Platting prior to issuance of building permit, the plat accommodate the right-of-way dedications, easements for existing telephone lines etc. c. Submittal of revised site plans and paving and drainage plans accommodating the comments under the technical items section of the staff report. d. Provision of protective curbing around landscaped areas as required pursuant to Section 4.6.16(E)(3). Seconded by Mrs. Oster. · ~ MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 5 The vote was as follows: Sam DeOto Yes Rett Talbot Yes Debora Oster Yes Gene Fisher No Jess Sowards Yes Mark Marsh Yes Mr. Marsh felt that leniency was granted. He explained that the area behind Building "B" is non-conforming. Mrs. Oster moved to approve a waiver from Section 5.3.1(D)(4) to reduce the Dixie Highway right-of-way width to 40'. Seconded by Mr. Sowards with the vote as follows: Gene Fisher Yes Sam DeOto Yes Debora Oster Yes Jess Sowards Yes Rett Talbot Yes Mark Marsh Yes Mr. Sowards moved to approve a waiver from Section 6.1.3(B)(5) for the 5' sidewalk along Dixie Highway. Seconded by Mr. DeOto with the vote as follows: Debora Oster Yes Jess Sowards Yes Gene Fisher Yes Sam DeOto yes Rett Talbot Yes Mark Marsh Yes Mr. Sowards moved to approve the elevations upon positive findings with respect to Section 4.6.18 with the condition that Building "B" be painted in a complementary color to Building "A". Seconded by Mrs. Oster with the vote as follows: Sam DeOto Yes Rett Talbot Yes Gene Fisher Yes Debora Oster Yes Jess Sowards yes Mark Marsh Yes Mrs. Oster moved to recommend that the City Commission deny the request for a waiver from the requirement to provide curbing around landscape areas. Seconded by Mr. Talbot with the vote as follows: ., · MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 6 Rett Talbot Yes DEbora Oster Yes Gene Fisher Yes Sam DeOto Yes Jess Sowards Yes Mark Marsh Yes C. Griffin Gate S.E. 4th Street & South Swinton Avenue Fred Griffin Site Plan, Landscaping & Elevations Represented by Fred Griffin. Mrs. Meeks reviewed the staff report. There will not be a common area. The private sidewalks will be maintained by the association. Mr. Griffin commented in that the landscaping against the fence will be difficult to maintain. Mrs. Oster suggested some landscaping of mid height in the rear. Mrs. Davila recommended of use of different landscaping materials which would be more functional and serviceable. It was suggested the landscaping be approved at a later time. Mrs. DAvila felt the landscaping should be maintained by the association. The members felt the landscaping was a sensitive issue. One of the members noted that the front of the building has the same appearance as the rear. The walls appear to be bland and perhaps this could be address with more landscaping. The wall colors are a peach. There was discussion regarding the elimination of the sidewalks as a connection from Swinton due to parking problems. Mr. Griffin would per fer to retain the sidewalks so that the homes appear to be single family. After discussion, Mr. DeOto moved to approve the elevations based upon positive findings pursuant to Section 4.6.18 for Griffin Gate and with the concern that the bland elevations at Swinton will be addressed with the landscaping. Seconded by Mrs. Oster with the vote as follows: Rett Talbot Yes Debora Oster yes Gene Fisher Yes Sam DeOto Yes Jess Sowards No Mark Marsh Yes Regarding the waivers, Mr. DeOto moved to approve the waive to eliminate the sidewalk along S.E. 1st Avenue and recommend approval to the City Commission, for the reduction in pavement width for S.E. 1st Avenue from 24' to 20 I . Seconded by Mr. Sowards with the vote as follows: Jess Sowards Yes Rett Talbot Yes Gene Fisher Yes Sam DeOto Yes Debora Oster Yes Mark Marsh Yes · MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 7 Regarding the landscaping, Mrs. Oster moved to table the landscape plan. Seconded by Mr. Talbot with the vote as follows: Sam DeOto Yes Jess Sowards Yes Gene Fisher Yes Debora Oster Yes Rett Talbot Yes Mark Marsh Yes Regarding the site plan, Mr. Talbot moved to approve the site plan based upon positive findings pursuant to Section 2.4.5(F)(5) (Required Findings) for Griffin Gate subject to granting the internal adjustment along with the following waivers and conditions: exclude the approve of the sidewalks pending review of the landscape plan; approve the internal adjustment based upon positive findings pursuant to Section 2.4.7(C) for the portico's to encroach into the side yard setback for Lots 1B, 2A/b, 3A/b. 4A/B and Lot 5A with the condition that 1. the final plat and related documents (Homeowners Documents) be processed through the Planning and Zoning Board prior to acceptance of building permit applications. 2. the technical item be addressed prior to building permit submittal. Seconded by Mrs. Oster with the vote as follows: Rett Talbot Yes Debora Oster Yes Gene Fisher Yes Jess Sowards Yes Sam DeOto Yes Mark Marsh yes III. MISCELLANEOUS D. Force E 660 Linton Boulevard Dan Navilio Elevations Represented by Dan Navilio. The applicant stated he needed visibility. The members questioned the large, red awning. Some members were concerned with the multi-color awning. Mr. Marsh felt the awning was rather large and appeared to be added on to the center and was not appropriate but could sympathize with the lack of visibility. After discussion, Mrs. Oster moved to deny the application for the awning for Force E at Linton International Plaza pursuant to Section4.6.18. Seconded by Mr. DeOto with the vote as follows: Debora Oster Yes Rett Talbot Yes Gene Fisher Yes Jess Sowards Yes ' MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 8 Sam DeOto Yes Mark Marsh Yes The board felt the awning acted as a sign and did not appear to be part of the building. It appeared to be free standing. Also, Mr. Marsh was concerned awnings would proliferate. E. Engleman's Kosher Foods Delray Square Shopping Center Alfred Cilcius Elevations & Landscaping Represented by Alfred Cilcius. There is to be access to the freezer from both the inside and the outside. Barbed wire was proposed. After discussion, Mrs. Oster moved to approve the elevations and landscaping for Engleman"s Kosher Foods with the following conditions: remove the barbed wire, the fence be changed from 6' to 8', the Ficus hedge be continued around the cooler and condenser (completely screen on the north elevation), the dumpster and location be approved by staff, the dumpster have cyclon gates with inserts and walls and appropriate angle, no plywood allowed on the cooler ever. Seconded by Mr. DeOto. The vote was as follows: Sam DeOto Yes Jess Sowards Yes Rett Talbot Yes Gene Fisher Yes Debora Oster Yes Mark Marsh Yes Ad;ournment There being no further discussion, the meeting was adjourned at 10:35 p.m. Note To Reader -- If the Minutes you have received are not completed as indicated above, these are not the official Minutes of the Site Plan Review and Appearance Board. They will become official Minutes only after they have been reviewed and approved which may involve some amendments or additions or deletions of the Minutes as set forth above. '. * MINUTES: Site Plan Review and Appearance Board Meeting April 15, 1992 Page 9 The undersigned is the secretary of the Site Plan Review and Appearance Board of Delray Beach and the information is the Minutes of the meeting of said Site Plan Review and Appearance Board of April 15, 1992, which Minutes were formally approved and adopted by the Site Plan Review and Appearance Board on ~ - él1 ' 1992. ~J1A 6a~ Anita Barba Recording Secretary sm41592.txt '" ATTENDANCE i.992 SITE PLAN REVIEW AND APPEARANCE BOARD JAN FEB MARAPR MAY JUN JUt AUG SEP OCT NOV DEC Mark Marsh A ~ pP.ç ff f~ Jess Sowards p p pP P ~p ,pf pP r ff pf - Debora Oster f p t<eU ialbot: p p APp pp pf Gene Fisher p p P.f e pp If Sam DeOto f f pf p Pt> p p Tom LaSalle P f ffP pp f '. . . ~ ~+fp5I µ YJ£.. wJfl ~ ~~/,q -tu%~ ~) MEMORANDUM {¡" e¡J:&¡q.P-- TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~1 SUBJECT: AGENDA ITEM it 9£ - MEETING OF MAY 12. 1992 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION/ GRIFFIN GATE DATE: May 8, 1992 At the April 28th regular meeting Dr. Alperin raised an appeal of the decision made by the Site Plan Review and Appearance Board with regard to the elevation for the Griffin Gate project located on the east side of Swinton Avenue, south of S.E. 4th Street. The Planning and Zoning Board at their November 18, 1991 meeting recommended approval of the conditional use request for the Griffin Gate project with a condition that the architectural elevations submitted with the site plan petition be consistent with the schematic rendering which was approved with the conditional use request. That rendering was a loosely drawn sketch of the block of structures, shown with schematic landscaping and a picket fence running along the length of Swinton Avenue. The Site Plan Review and Appearance Board at their April 15, 1992 meeting approved the architectural elevations as being generally consistent with the sketch plan submitted with the conditional use request. The elevations submitted show individual structures from Swinton Avenue (front view) , without landscaping, and with only a portion of the fence drawn in (the full length of the fence is shown on the site plan). In comparing the elevations to the original schematic, common elements of each can be picked out (i. e. windows, decorative louvers, roof pitch, etc.) . Additionally, the original drawing showed a tall chimney on one building and trellises between the structures. The trellises have been replaced by covered porches and the chimney was eliminated in the approved elevations. The Site Plan Review and Appearance Board at their April 15, 1992 meeting also tabled the landscape plan in order to provide the applicant with additional time to re-think the placement of landscape material along Swinton Avenue. A detailed staff report is attached as backup material for this item. . '. , , , . fire 1 C I T Y COM MIS S ION DOC U MEN TAT ION _..~'_..- " " TO: . DAV1 T. ~Hj~ CITY MANAGER L . O.--tJL_. ~ )OC~~ ID J. K VAC , DIRE OR DEPARTMENT OF PLANNING AND ZONING FROM: JANET MEEKS, PLANNER I I ~ SUBJECT: MEETING OF MAY 12, 1992 CONSIDERATION OF APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION ON THE ELEVATIONS FOR THE GRIFFIN GATE PROJECT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of considerinq an appeal of elevation approval granted by the Site Plan Review and Appearance Board. The appeal is for the elevations 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. The appeal was formally made by Commissioner Alperin at the City Commission meeting of April 28, 1992. BACKGROUND: At its meeting of November 18, 1991, the Planning and Zoning Board recommended approval of the conditional use request for the Griffin Gate Project subject to conditions. At that meeting, the Planning Director indicated that the project description provided by the applicant was not clear. The Director related his understanding of the proposal and the developer affirmed that description. The description included the following item: * Architectural elevations that vary but which are similar in character to present a "single family" face to Swinton Avenue. '. · The approval was then conditioned with the understanding that the architectural elevations submitted with the site plan peti tionbe consistent with the schematic rendering which was approved with the conditional use request. That rendering was a loosely drawn sketch of the block of structures, shown with schematic landscaping and a picket fence running along the length of Swinton Avenue. At its meeting of November 26, 1991, the City Commission approved the conditional use request for Griffin Gate subject to the conditions put forth by the Planning and Zoning Board. The elevations included with the site plan submission are more detailed than the original schematic drawing. The elevations show the individual structures from Swinton Avenue (front) side, without landscaping, and with only a portion of the fence drawn in (the full length of the fence is shown on the site plan). In comparing the elevations to the original schematic, one can pick out the common elements of each (windows, decorative louvers, roof pitch, etc. ) . The original drawing showed a tall chimney on one building and trellises between the structures. In the approved elevations, the trellises are replaced by covered porches and the chimney was eliminated. SITE PLAN REVIEW AND APPEARANCE BOARD: At its meeting of April 15, 1992, the Site Plan Review and Appearance Board (SPRAB) approved the architectural elevations as being generally consistent with the sketch plan as submitted with the conditional use request on a 6-0 vote. However, the Board tabled the landscape plans in order for the applicant to re-think the placement of landscape material to further enhance the concept of providing a front elevation along Swinton Avenue. RECOMMENDED ACTION: By motion, uphold the Site Plan Review and Appearance Board's decision in that the elevations are generally consistent with the sketch plan as submitted with the conditional use request for the Griffin Gate Project. REF/T:CCGRIFIN Attachment: Location Map sketch plan elevations site plan elevations ., I I - ~þj j¡ I I '-c; ... f¡ ÞD IT. LL 1 ~ I J .4 i ~ 7 ~ - - 7 J J I J 1 , r- . . e4 ~ ~ s.w. 4TH snrn LL ..n -rT1t' ~ .J I ~ >c ~..J M 1: - J.L I -...r r- ~ . LL >-= ~ ~ I.". rot ITIßT . JJ Û ~ ~ ~ s.w. 7TH IT. . . L.r. ... . . ~- M <C Lt. ~ ~ I GRIfFIN GATE I ,. ~ ~ - ë I I I . , ~ " i ¡ . \j . , , 2 f : , \j . ;'... ; ! I . I i . . , - ...~ ~ . , . I .., ill , ........,. ...,..,.4 ,... ~ ¡ t: t-~ ;.. . ..-. .'- ~ \ .. -:~ ~~-,~ . - . ., .;. . ~>''" ; - . , . ... . , ! ~ -- í \0 ~' ~ " -.....J¡..... '." _t :.:- , """" ~., . ~,. ;;...... -- '\ ~ .- - '" : f)iJ ~ ,'- :.~ - ! -< '" , :¡ '> . '~ ( , ~ ~_. W I , , .; _'0' ....'" .......... I " Þ .t .;. i . . , '. ~ · · · \ ! ! . . - II . - . . " -, ;. .-. - / -- -- . ¡ -- - \ ) 'f '. j . I t---- -i- .~--j ~ 1 ____. . .:r.= -- ~, '" ~ ~-- ~~ ~~ ! :I. '-' .,.", · ... IS ¡ 't- I · ~ '1_ ~2 :7 ~'2 \S~: .... :.t:t £.\1.- T I .....~ - \ ì-" ~ "\'i Íffi!I!llijR1~ '" " ,? 7.. i;u \\ ~, - ~ r' ilL 4. > \U Z ..J ~ 1.1 -1 " I J\....J-- 1- -z I ~ 1 ' fI. Qj , \L \ \J \¡1 " "JI t- 'f ~ " · r- th- ,"J -l,~ n · , f , I :1 , , , , I " ,. I · -- ~,. J~ ~=-= .--: ~-~ I --·-'1 :~~ :--4 .....J) ~~ ~ ¡:t -:;- <..- (' \. ) ! 7! ~-~ I I!!"""",, ! I ì 1 ...x ¡ ~¡ \ · -~ , 1 I \-j . j' ß' .> " ~ -<1 \ Q , · ~t t .. \1 " · > J 'I \) -~"-'- - \U! \\j ~ Q I - -1, I '\' tJ ~1 ¡ ~ ~ I ~ ,..,.;" ~1 ....... ! \ I ~t 011< , . ~,... , ~'--' ~ 11 , .. ~ ; " ~.....- / ..... (,) \ , ,'. . I . - ~ ¡- ~~ - 'f -- -.----.-. -- · & k¡CI1 -$ /;11 Jj{;3, ;;;. 5"' -10 11'o/JéE¿ t <6/ S-CO -k> Lhe.et~ ::0/J /J £1 'tJ ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER -/}/ SUBJECT: AGENDA ITEM it 9F - MEETING OF MAY 12. 1992 REOUEST FOR FINAL PAYMENT/PIONEER CONTRACTING. INC. DATE: May 8, 1992 We have received a request from Pioneer Contracting, Inc. for final payment in the amount of $85,487.53 for construction services for Fire Station No. 2. Pioneer Contracting, Inc. (PCI) alleges that the City has failed to issue final payment for work performed; and, that the total amount due ($56,345.24 in retainage and $29,142.28 in change orders) went unaddressed by the architect Currie Schneider and Associates prior to and after obtaining substantial completion of the project. According to PCI, they received a letter dated December 4, 1991 from Currie Schneider which addressed the outstanding change orders. Mr. Schneider apparently recommended that an amount of $5,659.52 be paid as compensation in lieu of the $29,142.28 request as PCI was late in obtaining substantial completion. Further, Mr. Schneider recommended that the City assess Liquidated Damages in the amount of $11,200 and deduct as compensation to the architect the amount of $18,500. PCI is contesting these recommendations based upon approval of Change Order No. 1 which was issued on March 12, 1991 and extended the completion date by 42 days, thus making the completion date June 21, 1991. Additionally, PCI received the "Certificate of Substantial Completion" on July 9, 1991, which established the actual date of substantial completion as June 7, 1991. Therefore, pcr contends that the project was completed 14 days earlier than required. (Note that the copy of Change Order No. 1 which is attached clearly establishes that the extension applied only to the site work and not to the building.) On March 10, 1992 a meeting was held with the City Attorney, PCI and Currie Schneider. At that time PCI offered to settle a 2/3 - 1/3 split, in the City's favor with regard to the outstanding change orders, provided that the architect withdrew its claim for additional architectural fees. Mr. Schneider would not agree to those terms. This item is therefore before you at the request of PCL Currie Schneider has requested that this matter not be considered by the Commission in order to allow the parties more time to negotiate a settlement. The City Attorney should advise the Commission concerning the contractual obligation of the parties, and the extent to which any of the parties have failed to perform. ., - -' I /."_ .f / .. Ili Pioneer Contracting, Inc. General Contractors ReCEIVED APR 2 9 /992 CITy MA April 28, 1992 NAGFR~ç; Or. . FlCf IIr, Thomas E. Lynch, City Hayor City of Delray Beach 100 N.W. 1st Av~nue Delray Beach, Fla: 33444 Re: Contract for Construction Project No. 87446 Delray Beach Fire Station No. 2 DI;:2.L Ilr. Lynch: Pioneer Contracting, Inc. ("PCr" ) is the general contractor on the above-referenced City of Delray Beach ("City") project. I am writing you this letter in order to advise you and the Clty Commissioners ot the present status of the project and PCI's position and intent with regard to same. To nate, the City at Delray Bea~h has tailed to 1S5ue final payment to PCI tor th~ \lark performed. TI1'Õ" fJ)ta 1 am()Unt due, Including change orders that \-lent unaddressed by the archItect CurrIe Schneider ASS()C~dtes (" C:urrie SchneIder") prior to and after obtaining substantii'll completion () t the prciect. 15 $85,487,53. This amount consist_s of $56,345.25 in retainage and $:!~, 142.28 In change orders. By lett~r dated December 4 1991, addressed to PCI but not received , by PCI until January 2~, 1992, Currie Schneider responded to the outstanding change orders Hhereby he recommended an amount of $5,659,52 be paid as compensation in lieu ot the amount requested ot $29,142.28. Currie Schneider further alleged in this letter that pcr was late in obtaining substantial completion and recommended that the City assess Liquidated Damages in th~ amount of $11,200.00 and deduct as compensation to the architect the amount of $18,500.00. As a result Currie Schneider recommended final paym~nt to pcr in the amount of $32,304.50. This recommendation came Seven {7 } Honths after the substantial completion date of June 7, 1991. Currie Schneider's recommendations are completely unacceptable to PCI. The following is a list of events that we base our position on whereby we will not accept the architect's recommendations. On August 13, 1990, pcr anà the City entered into the written general contract for this project. According to the terms and conditions of this Contract, and the City's Notice to Proceed letter dated August 7, 1990, the date of May 10, 1991, was established as the Date for Substantial Completion. By Definition, the Date of Substantial Completion of the work or designated portion thereof is 4123 W. Atlantic Ave., Suite 15 · Delray Beach, FL 33445 · 401-495-8446 · Fax 495-5406 1 .. Hr. Thomas E. Lynch, City Hayor City of Delray Beach April 2~, 1992 Page 2 the Dat~ certifIed by the Architect \Jl1en construction is ~ufficiently complete In accordance wlth the Contract Documents, so the Owner can occupy or utiliz~ the Work or desIgnated portIon thereof for the use for \-/hich it is intended, as expressed in the Contract Documents. On Harch 12, 1991, Change Order #1 was issued increasing the contract amount and extending the completion date by forty-two (42 ) days. A copy of Change Order #1 is enclosed. This time extension established June 21, 1991 as the revised date for substantial completion, On July 9, 1991, Fcr received VIa transmittal cover the "Certificate of Substantial Completion" for the proJect. A copy of the Certificate of SubstantIal Completion is enclosed for your reference. This r:el-tificate \l¿¡S executed by 311 parties concerned, Larry Schneider far Currie Schneider, Richard L. Caruso, tor pcr and David T. Harden for the Ci t)'. and established June 7, 1991 as the actual date of ". substantial completion. Considerinq Change Order #1 and the revised substantial completion d':·.t~ of June :?L 1991, PCI effec:tivelj' completed this proJect fourteen (14) days earlier then required. On Ji¡J y ,.. 1991, pcr advised Currie ::>::hnl" j d'? r h::-' lett¡:>r t.hat all ~ " punc-:h Lis T: Items, Þ.rch 1 tect'.u ra '- f.{ ! 1"":1 :cH1 ica lfF:: lectri':.-a 1, \'lOuld be complet¡:>d on or befor~ JUly lQ, 19q 1, e',cept for those items not the rl"sponsibility of PCl and tnl)SI" 1 U~ms chat requiroô:0 additional informat1011 or a. \lr-i tt~r: cha:1ye on'to:::!-- frr.'!TI th~ architect. As can b,,: s~en by the foreq,)iw!, ?CI 0~tained substantial completion tourteen (H) days earlier than required, C'ompl~ted its plJrtion of the punchllst It~ms timely, and, therefo::-e, ::0mpleted the project. \-/ithOlJt. any delay. Since pcr obtained the Certificate of Substantial Completion and completed the punchlist for this project, pcr has been presented with issues above and beyond the requirements of the contract and has, in good faith, addressed or completed ~ach of these issues with the u!1derstanding that they would be compensated accordingly. This \.¡as also our understanding \-lith regard to change order requests and architect's proposal requests generated during the progress of the project. HOHever, this was not the case. The architect delayed it's recommendations on change orders for months and six (6 ) months after substantial completion has made the insupportable recommendations set forth above. On March 10, 1992, a meeting was held at the City Attorney's office by and bet\-leen the City Attorney, pel and it's attorney, and Currie Schneider. At this meeting, the items of discussion consisted of the · 11r. Thoma::: E. Ly:¡ch, City 11ayor City ot Delray Beach April 28, 199::: Page 3 outstanding change orders, the d~tes at completion tor the proJect, llqtudated damages, and additional archi~ectural fees. After the City Attorney agreed \vi th PCI that PCI did in fact complete th~ project timely and that the re vias no cause for the City to assess liquidated damages. PCL as an offer of settlement and in hopes of closinq-out this proie,::t once dnd for all. aqreed to accept a negotiated approxlmate :::/3-1/3 split, in the Cl.ty's favor, at the $29,142.22- in change orders, provided that the architect \;TÌ thdre\1 1 t' S cLam fer addItional architect'Jral fees. The arcl1i tect \Iould not agree to those terms and the negotlations ceased. After our meeting and vario~s conversations \Iith the :ity Attonl",! it has become obvi'JUS that he has taken a position as mediator to the 01jts~t.:iI;dinq disrute over HheU:er 'J! not Currie Sc~neider i~' Hl f~c-t enti tIed t:: adc!i ti'Jnë\l ?\r:hl t~c:tllr3.~ f~~s. Ou'.:"' posltie,n Illth :-",r:ctl-è t(~ U'.l' l.:-::õu,,= has been made perfectly clear and lS ]J2.sed on the fa(l·t~· and d{"~'ument5 ot record ',11 th re::;pe(~'" t:o r.t:l~: [jc:)]ect. This proJe(~t. "a~, 1n t.'1,·1: complpted in a t1me 1:,.' t,,\:::.~ l':rJ3nd in ac(:'orc1.:tf'¡·,:, Illth tht'- ·.erms and c:Jndi tl!J¡):=:: '.It our <:ontra(~t, \'ie t!1prefore SP~ no reason tor th'" a~~~essm~n t (~: aridi' icr·.,d ·öl r ct·: 1 .. ~·~t"L,d ~µ~::-: in arl~' ,:ô.111)Unt, l~~ 3.1 '-:ìP S 18,5(:1',;,0(; ~lt1i:~·h :'F-:Fr~sent~.· o'.rer ~ !:.(~.~: 01 t~e con11Jens.3tion r-eceiv~d b~r Ct:!:'r~~ S(::hn~ir!e:.." !:r'Jm t~:.·:, ;"-'it\' ~')r 1"_r.1:: :-c·nst::IJ.c··.. :or: pI !'t:.iorl c': 'tl~~ prf) ~ ~,:,t. \.¡~ ...:1r~ lOOU.IYJ t·J ':()U and 'cur tel.l~'7 C:t'/ ',:"-:'TIì!'1iss:',ne:::·' ~t thi~ t1m~ , - for " resolutlon ot this present SltU.3tlnn. \'11" \10'.1 Id )re~ìt2.~· apprec: 'clte it It t.hlS matter \lOUJ,-j r:,e r :'.,,,::ed on th~ agenda tor t,he next (:ùmmission meeting so that t!',e ':<;\,:mlsSl'Jn can j1SCUSS this matter and cecide ~ihether final. paymert si¡,~:l b~ made to prI H1 the .'tI11,)I.m'. 2gr~~d upon by the City At~n~ney, ~":":" ~s '3,25, T- this matter can net ~'- be resolve, pcr m11 have :10 'Jt.}¡e r dlt~rnativ,,= but to take any :1'='c'o's:';;c.ry action aqainst the City 0t D~lr?y 8~aC'~1, and th@ Arch:tert to recover the entire amount 0u~st=!I1ding , i::r:::l'.:ding all other mpensation. INC. , I cc: David E. µ'cmdolpf, Vice l1ayor Jay Alp-=un, Deputy V~<::e ¡·!a.YQr CommissIoner, \'lìlli'tm Andr<'>\Is CommiSS1Onf->r, Armand HOU\l Eric Dauber, rlsq. Jeff Kurt.z, Esq, David Harden, Cit'y Manager RLC/rc\~Ø-9Ø5\TELYNCH .. ------ \- '. __ \t-,. . ~ ~ ,.. r j f"'"""'" \ ; ¡ -·"''''1·-'·\ -, ,-' '"I" C' I ' , CERTIFICATE OF Distribution to: \~:-., "',\,;.,' ' : \ \ \\ L \\ ; ,;:" ' OWNER 0 ' \! \ '_.: '_... SUBSTANTIAL ARCHITECT 0 \. ~ !e!,:~' \~m \ \)), . ',' ". , COMPLETION ~~L~TR^CTOR ~ L\ j .,:L'.'- .- r :,;or:r~r C'_I'I" . . OTHER 0 " ~"":,:8 \:,~;. AlA DOCUMENl C704 r~,~¡~i;I::: \.JQ'.:..\..... ..f PROJECT: DELRAY BEACH FIRE STATION NO. ARCHITECT: CURRIE SCHNEIDER ASSOC. AlA, (n;IIHe, ;ldure,s) 35 Andrews Avenue Delray Beach, FL 33483 ARCHITECT'S PROJECT NUMBER 87446.00 TO (Owner): CONTRACTOR: PIONEER CONTRACTING, INC. I CITY OF DELRAY BEACH I CONTRACT FOR: General Construction 100 NW 1st ~yenue Delray Beach, FL 33444 L -1 CONTRACT DATE: September 30, 1990 D.A.TE OF ISSUANCE: June 7, 1 991 PROJECT OR DESICN/\TED PORTION SHALL INCLUDE: Building and si te I The Work performed under this Contr.\Ct h;ls been reviewcd ;lnd found to be ,ulhl.lntl.llly COlllpll'k II,,' 1 ).,Il ,>"I,.I.,II.",! Completion uf the ¡'rojce! or portion thereof desi¡;nated above is hereby eSIJbl"hed .IS June 7, 1 991 .' which is al,o thc (lue of commencement of ¡¡pplicable w;lrranties required by the ContrJct Documl'n h, l':\ll'pl .1' ,..,·d iJ,'¡, }.'. DEfINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of SubstJntial Completion of the Work or desi¡;nated pOrlion thereuf i, 11lL' D,lle Cl'IIIIICd lJ}' Illc'\" Ild.·\ ¡ 1.!iClI conslruclion is sUljiciently complete, In Jccord;¡nce with Ilw COnlrJct Documenh, ,0 the OWl1er C.,/1 IIllLJ[J', ul,',.,' II" 'vVork ur dc,ih";.1led purtlon thercof for the usc for which it is inlended, JS expre"ed III Iht.: CUlllr.JLI I)UllIIIIL'lIi ,\ list of items to be completed or corrected, prepared by the Contractor Jnd venÙed .¡no .Jl11elldeu by II" \'lh,l\·, I " J([ached hcrelO. The fJilure to include Jny items on such list does not aller the re'IJOlhlbd¡ty ul Ihe Cunll.llIùr ¡.. ' ,'IIt¡JldL':' Workin accord.1nce wllh Ihe Contr¡¡ct LJocuments. The date of commencement oj w.lrr.lIIlil', for ilellh Ull III<' .<11." !I,'r! 1,.1 \,,111 be 'he da<c "' ¡,"" "'rme"' unle" o,hNw"e ,g,eed '0 m w,¥ <:2\,. .IÎ CURRIE SCHNEIDER ASSOCIATES AlA, PA . ~ tJ· lL'11___ I\KCHITECT BY Do, I , The Contractor will complete or correct the Work on the list of items hereto wilhin d.,}, from the ¡¡bove O.1te of Subst¡¡ntial Completion. PIONEER CONTRACTING, INC. II ¡Z-1/ CONTRACTOR BY l),\ II The Owner ;lccepLS the Work or desi¡;n;lted portion thereof ;lS sub tantially complclc .1nd will J"Uml' lull 1)0,,,'· .ion Uk'IL'''' ~~TY 0;' DELRAY BEACH (time' 0" /~J T !c- ,"..-L ~/ /~"~'" OWNER - BY DAI The responsibilities of the Owner and the Contractor for security, maintel1<1nce, hc;!t, utili lie" d.lIl1.lgl' (" 11ll' W'JI ~ and insurance' slull be .:\s ¡allows: (No/e--OWn/'f" .I/Id COII/f.lctOf', legal iJnd ;nSUf.Jnce counsel should de/f'flll;ne "l/IcI (l'VÙ'II' ;1I",r.IIIC,' "·//U/«·"I<·,II. .111./ , \.\ ,'f.. (·""1'.. ,¡. ,./1 >Clure COIISl",1l 0/ >un:/y cUlllpiJny, iI .lI1Y.) As per contract agreement -~- ,--- ',1·\ l)()(-l.;.\H'1 (~;..'I . ,(!:¡I¡"i. (-, -..., 1'" .,.., , .-:- ~. ~ _. -. .. ., CHANGE ORDER No. 1 Dated March 12 , 199~ I Project No. 87446 Project Name: fire Station #2 .- '-- Owner: City of Delray Beach, Florida Contractor: Pioneer Contracting Inc., Contract Date: Auaust 13. 1990 . - To: Pioneer Contracting Inc., , Contractor You Me directed to make the following- changes in the subject contract: Make miscellaneous changes as referenced per ðchedule 'A' attached. rime extension for this change order is forty-two '(42) calendar days. However, there is no extension for the building and the completion date is ~t;ll May 10.1991. For each day the building is not complete past Hay 10, 1991 one day shall De dedJcted from the forty-two (42) day time extension. 7 . . which ch8...nges are more speëificsJIy described in the atta.ched am ended pla.ns, dra.wings, and specifications. The reason for, the change is as follows: Miscellaneous changes related to Architectural "Field" Change, Code Inspection Change, and conflicts with existino utilities. . . The contract prlce and contract time shall be adjusted because of such changes as follows: A: Contract Price 1. Contract price prior to this change Order: . 1,005,879.00 Page One of Two Pages '. ~ .¡" . . -:':,. - .. . CHANGE ORDER ~ 1 . .' "'--'--'" ._,,". .-........ . _. .. --..... ._. 0_..._... . ." _ _. _.. 2. . 1'1 e"t increase resulting from this change order: 10,676.52 3. Current contract price Including this change order: 1,016,555.50 B. . Contract Time, 1. Contract time prior to this change order: 270 Calendar Days I ' ~~ A. (B~ild.ing) 0 Ca:~ndar Days (Hay 10, 1991) 2 ~r t 1· It" f th·s h<'lnO"e or'd B. (Slte Work) 42 Calendar Days (June 21, 19" ", . J.' e ncrease resu mg rom. 1 c LL'Ub, er: , A. (Building) 270 Calendar Days(May 13, 1991) 3., Current contract time including this change Ordu:(Sit:e Work) 312'Calendilr Oays(June 21, 19')' '. Attest: Ot~f!I:r¿Jú;rlln/l;( City C erJ< . . City of Delray Beach' .. Approved as to form: - . . The above chl11Íge.s Me accepted on/,MA,;{CH 20, , 19:ß~. I understand that aU t: provisions of th~ Contract Document related to Project No. 87446. which are r inconsistent with the terms of ·:this Change Order shall remain in effect and apply to rùI we undertaken pursuant to this Change Order. . /Î . Witness: . ,/ jl"} >-11,~ 1n~ ~ $.". ,CONTRACTOR ~ /.0 - . '"__ /J PlOIfEER CONTRACTING, INC. /' '~-£~-, ..........By: RIÇHARD L. CARUSO, PRESIDENT to Contractor Title \ . . I - . Page 'Two of Two Pages . . - Currie ',:. '.'¡I"ll, 1'1.1' Sch neider ~, J: II l'; "II I I, ... _ .. Associates ", ·,,·.IIII(·'"il" 1)1'11.11 H.·,III. AlA, PA \ 1·;,1\ jd.- .'-" ·1·.--, 1 ., , March 1 L 1991 \II', .¡ '" IICII, Mr. Howard Wight , Construction Mgr. CIN OF DELRA Y BEACH DEPARTMENT OF ENVIRONMENTAL SERVICES 100 NW 1st Avenue Delray Beach. FL ~;3444 Re: DELRA Y BEACH FIRE STATION NO.2· 87446.06 Dear Mr. Wight: The following is a recap of the events leading to Change Order No, 1 dated March 11. 1991 for the referenced project. As indicated on the enclosed list of Proposal Requests and Change Order Requests, we have established that the General Contractor is entitled to " $10.676.52, plus an extension in time totalling forty-two (42) calendar days, The primary reason for the extension of time is due to the fact that the site utilities work has been delayed from the normal course of events, We do not. however, agree that the building's completion date qualifies for any extension of time. We have, therefore. agreed with the General Contractor that for each day beyond the May 10. 1991 deadline that the building is not substantially complete. we will deduct one (1) day from the allocated 42 days allowed for site work. Furthermore, since the General Contractor did not include his General Conditions fee of $165.5O/day to each of his Change Order Requests (which he is entitled to). we will provide an add/delete Change Order on a per diem basis of $165.50 to the end of the 'job. We find that this represents a fair and equitable request on the part of the General Contractor and trust that you will agree. If you should have any further questions regarding this issue. or require add,itional information. please feel free to contact this office. Sincerely. CU RI SCHNEIDER ASSOCIATES AlA, PA JNjp/446\ejchOl'dr.1 Enclosures I , ~ . '. ... HI.' - . DELRA Y BEACH FIRE STATION NO.2 CHANGE ORDER PROPOSALS March II, 1991 NO. PROPOSAL REQUESTS PRICE 3 Laundry Tub $ -0- 4 3· Backwater Valve $ 52 7 . 3 7 6 ARCHKOTE Louvers $ -0- 7 Storm Drain & Water Main $8.767,50 9 Buffer Wall CREDIT · $1,920.00 77 Oil Interceptor $4]50. ] 6 . NO. MISC. CHANGE ORDER REQUESTS PRICE 7 Relocate Building 7'-0" west $ 239.25 .' 3 Fire Hydrant and 6" Valve CREDIT . $ 795.00 9 Change 4-hour Wall to 2-hour CREDIT · $ 400.00 73 600 amp FP&L Tranformer S 113.30 " Additional time of forty-two (42) calendar days shall be awarded. bringing the Completion Date to June 21. ]991. This time is allocated for the site work only. Substan tial Completion Date for the building shall remain at May ]0. 1991 as originally stated. If Substantial Completion for the building is not within the specified time period. for each calendar day the building time is extended. one (1) day shall be deleted from the June 21. 7991 Substantiol Completion Date. 446\changes2 ·1 B /oet- 16 - ~.S-O MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS /1 ~ //1 FROM: CITY MANAGER~' 1/ SUBJECT: AGENDA ITEM ~ C¡G - MEETING OF MAY 12. 1992 RESOLUTION NO. 51-92 DATE: Ma y 8, 1992 This is a resolution authorizing the Community Redevelopment Agency to purchase property located at 64 N.E. 2nd Avenue at the RTC Auction being held on May 16, 1992. The property is not presently on the CRA's Redevelopment Plan, but is within the community redevelopment area. Pursuant to Florida Statutes Section 163.370(3) (a), the CRA may acquire real property prior to adopting an amendment to the plan if the governing body approves of the purchase. Th us, the CRA is requesting Commission approval of this resolution. Recommend approval of Resolution No. 51-92. ,. ·1 ~ -~ . [IT' OF DELRA' BEA£H CITY ATTORNEY'S OFFICE 200 NW ISl AVENUE· DELRAY BEACH. FLORIDA 33444 FACSIMILE 407/278-4755 Wr~t_r·. D~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: May 6, 1992 To: City Commission ~ From: David N. Tolces, Assistant City Attorne Subject: CRA Purchase of Property 64 N.E. 2nd Avenue The Community Redevelopment Agency is planning to bid on the above property at the Resolution Trust Corporation Auction on May 16, 1992. The property is not presently on the CRAts Redevelopment Plan, but is within the community redevelopment area. Pursuant to Section l63.370(3)(a), Fla. Stat. , the CRA may acquire real property prior to adopting an amendment to the plan if the governing bogy approves__the purchase. Thus, the CRA is requesting that the Commission approve this resolution authori~g the purchase of the property at 64 N.E. 2nd Avenue. If you have any questions, please call. DNT:sh Attachment cc: David Harden, City Manager Cheryl Leverett, Agenda Coordinator .. . . -.--.. .---.-- ----~- ---. -.,.------ -. - -------------. ------- _ _. .___._~__.__._._..____.__.._.__.___..______m --- ---' -.---- --_._-~ - - -.-- -~----'~- ------.-.'-- -,-,--,---~.__._---_._- --.- -_._-~-- --- -------.- -.---. ,-----. RESOLUTION NO. 51-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY PURCHASE; PROVIDING FURTHER, THAT THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FINDS THAT THE CERTAIN REAL PROPERTY EXISTS IN A BLIGHTED AREA AND THE REHABILITATION, CONSERVATION OR REDEVELOPMENT, OR COMBINATION THEREOF, OF SUCH AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 46-85, adopted by the City of Delray Beach, Florida, the City Commission of the City of Delray Beach, Florida, created the Delray Beach Community Redevelopment Agency; and, WHEREAS, pursuant to Section 163.355, Florida Statutes, the City of Delray Beach, Florida, finds that the properties described herein constitute blighted areas and that the rehabilitation, conservation or redevelopment, or a combination thereof, of such areas is necessary in the interest of the public health, safety and welfare of the residents of the City of Delray Beach, Florida; and, WHEREAS, pursuant to Section 163.370(1) (e) (2), Florida Statutes, the Delray Beach Community Redevelopment Agency possesses the power to acquire by gift, purchase or eminent domain any real property within the Community Redevelopment Area; and, WHEREAS, pursuant to Section 163.370(3) (a), Florida Statutes, prior to the approval of a community redevelopment plan or modification thereto, the Community Redevelopment Agency may acquire real property with the approval of the governing body; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to approve or authorize the acquisition of the property hereinafter described by the Delray Beach Community Redevelopment Agency by purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The recitations set forth in the "WHEREAS" paragraphs above are incorporated by reference herein as findings of fact upon which this resolution is based. Section 2. The Delray Beach Community Redevelopment Agency is hereby authorized to acquire by purchase that certain property more specifically and legally described as: Lots 8 and 9, Block 76, City of Delray Beach (formerly Town of Linton) , Florida, according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida. Section 3. This resolution shall take effect immediately upon passage. f .. '" . --... ----- -------_. "'-'--------'- -- ---"---- -_.- -.... -----"- "'-"- --,---- --- ----------.- PASSED AND ADOPTED in regular session on this the 12th day of May, 1992. ~¿~ ., M A Y¿yR ATTEST: (lfLMn~j¡"1J I!c~ City Cl rk f - 2 - Res. No. 51-92 '. . ... . . . ... f1 ~~. ~ ,. ~ ~ ~ ~ ~I ~>- ~ E~ &~;, ;:t \- '* :>õ ;t 11'1 . r be ~ 1~ ~~- 4 u\ t',t Û....) .. 1u.J 'I) (1 t.~ I : ~ \.\.- ~ ~: ~~·~I ~ I I I I~~ ~g :..I! ! 'h-. _J I L__~J ~ L~_~~_J L~ ß1'USL (} < ,..",. ~ 'dhfI3^," JIl.f'4Vl!-V ------~ . ~7·k" , 'I. J o~ -7 r"T¡;!~'"ì ¡;"'-ril,=O-r-! r--- I /' ~ ~! I -I 'n ~: ;: I ~ I I , L);fl,;J\ '~lJLm~__m J I I I-~"'--l ü i--riil [I~~ ~ I I ¡ J I II' d; II ~ /' I J . . IJ:.. ~r ~~ . I - .~ i I ~ ," :1 :I I « ~ ~ §' ~~ ~ .:) --- --11 -z I" ~ ~¡¡ , , .," :z I ~ /' f . Ii I I ~:; ~ I ,. 2 , .. I I' - ~II H I 3 _ ~i ' / }!! , 1& Id ~ _n_____~, ,}.~ I I ¡---~--_1 r- -!-. I ,¡ ,~ -I I-----J ' , I~! ~ I ~ I - 5~1 " I" ~~! \\ ~ I l ": I ~ f.~ ~"~, t /' ,1M ~:il'l I b;¡!---I r-t:;'l I " f~f, L " I ..... ~...t I' ...tAt to' , L:~-~,~ ~~"_.~ L, ~~"_,!iiLI , ,al 1~i,~ l_- J:,¡ !I";¡J..7 ~I ~ N Jiõi if"'} r- -~'---'-' ,'---'-'-', r- / I ¡Ii . . .. Supplemental Property Information Property 74 Ocean City Lumber Company 51 NE 2nd A venue Delray Beach, FL Location: Southeast corner of NE 1st and NE 2nd Street Delråy Beach, Palm Beach County Site: 72, ()()() sq ft Frontages: 448.20 ft NE 2nd Avenue 135 ft NE 1st 304 ft to FPL Substation Access: Atlantic Avenue from 1-95 or Florida Turnpike Zoning: CBD (Commercial Business District) Improvements: (4) one story buildings; gross building area 41,621 sq ft; past utilization: Lumber yard, storage, hardware sales Taxes: $ 16,196.77 Assessed Value: $ 665,160.00 Folio: 12-43-46-16-01-084-0041 12-43-46- t 6-0 1-076-0080 Auctioneer's Note: At the present time, persotutl property "ormatly found In a hardware store and lumber yard Ire Mill ott thk þroperty. 'the personal property "III bè offered Itt bulk Rttd together with the reat éStah~. The Auctioneer reserves the right to regroup the personal property. For a complete Inventory list, please contact the Auction Company. Real Estate Professional Mrs. Jake Cost . Real Estate Recovery 407-997-8400 . .. . ' - Supplemental Property Information Property 75 Vacant Lot 64 NE 2nd A venue Delray Beach, Florida Location: One Block North of Atlantic Avenue Two Blocks East of North Swinton A venue Downtown Delray Beach Site: 20,169 sq ft Zoning: CBD (Commercial Business District) Improvements: Vacant Lot Taxes: $ 2,312.42 Assessed Value: $ 94,965.00 Folio: 12-43-46-16-01-084-0014 Real Estate Professional Mrs. Jake Cost Real Estate Recovery 407-997-8400 . '! · (\ Ldj}--¡ 0/q;r- M E M 0 RAN DUM p- J{)~ ~ ¡ (). TO: MAYOR AND CITY COMMISSIONERS ,..(~/ / FROM: CITY MANAGER // / - SUBJECT: AGENDA ITEM # 'II{ - MEETING OF MAY 12, 1992 CONSIDERATION OF RESOLUTION NO. 52-92/VOTER CONTROL OF CITY TAXES DATE: MAY 8, 1992 This item is before you to consider adoption of Resolution No. 52-92 supporting a state Constitutional amendment that would allow each city government to design a tax structure that is compatible with their individual community goals and place it on the ballot. Voters could then choose between the existing tax structure or this new proposed tax structure. The Board of Directors of the Florida League of Cities is asking the regional leagues of cities and the membership to express support for a Constitutional amendment to be placed on the ballot in November 1992 that would grant fiscal home rule powers to cities and their citizens. If approved by Florida voters, this Constitutional amendment would remove the Legislature's absolute power to dictate tax structure and tax policy to cities anå would return that power to the voters of each individual city. It is anticipated that this Voter Control of City Taxes legislation will be addressed during the legislative special session tentatively scheduled for May 18, 1992. Attached are memoranda from the Palm Beach County Municipal League and the Florida League of Cities pertaining to this matter. Also provided is a Quality Cities article entitled "Voter Control of City Taxes" which sets forth the Florida League of Cities' position on the issue. Recommend consideration of Resolution No. 52-92 supporting a state Constitutional amendment which provides for voter control of city taxes. , · · ------- --- --~ --~--- ---- ----_.~~~------ -- __ _.u -~ RESOLUTION NO. 52-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING A STATE CONSTITUTIONAL AMENDMENT WHICH PROVIDES FOR VOTER CONTROL OF CITY TAXES. WHEREAS, the tax sources of cities are strictly regulated and limited by the state Constitution and/or the state Legislature; and, WHEREAS, the Legislature has required cities to implement and comply with inequitable property tax procedures, to operate with narrow and restrictive tax sources, and to suffer increasingly inequitable formula allocations of state shared revenues; and, WHEREAS, the severe financial problems facing Florida's city governments are well documented and remain unchallenged; and, WHEREAS, the Florida Taxation and Budget Reform Commission studies show that cities have exhausted most of their discretionary taxing capacity and will be confronted with substantial financial shortfalls during this decade; and, WHEREAS, the cities of Florida have consistently and diligently sought expanded and flexible taxing capacity from the Florida Legislature without success; and, WHEREAS, federally shared dollars with cities have all but disappeared and remain a low national priority; and, WHEREAS, previous decades have provided major shifts for program costs from the federal and state to city governments through innumerable unfunded mandates; and, WHEREAS, cities' citizens should be provided an opportunity to evaluate and implement the tax sources most appropriate to their community needs; and, WHEREAS, many citizens believe they no longer can influence public decisions and believe the political process deprives them of strength and influence; and, WHEREAS, most citizens believe they should have a direct say in how they are taxed; and, WHEREAS, this is an appropriate time to review the unlimited power of the Legislature to authorize and control all municipal taxing policy and carefully consider returning taxing authority to the voters of the cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach will support a Constitutional amendment that would provide for each city government to secure the taxing powers their voters authorize by allowing city officials to design an ongoing tax structure that is compatible with their individual community goals and place it on the ballot for their voters to express their preference for the existing tax structure or this new proposed tax structure. Section 2. That the City of Delray Beach will work with all cities in Florida and the Florida League of Cities to ensure that this Constitutional amendment is placed on the general election ballot in November of 1992. f 0' - . -~.---- - -- - -- -.----.-- -- .--.- .- -._~ _._-~---- ---_.-- .----..-- ---_. -----~ Section 3. That copies of this resolution be sent to all members of our legislative delegation. PASSED AND ADOPTED in regular session on this the day of , 1992. MAY 0 R ATTEST: City Clerk . - 2 - Res. No. 52-92 '. 05-05-:32 13: 0S P. B. CO. rvUHCIPAL U:ri,-,__ . , , , __ , I __. '-_ ~. . ~ECElflEO "4~ S CITy 1192 Palm Beach County MUNICIP(tAftAijlE P.O. BOX 1989, GOVERNMENTAL CENTER. WEST PALM BEACH, FI.ORIOA 33402 (401) 35s.4.s4 kBKORMlDUK '1'0 I All Pal~ Beach County Mayors and Managers I'R. Jack Horniman, pa~h County Municipal Leaque Executive Director DTt May 5, 1992 RBI Voter Control of City Taxes ~_~~a===~~_z~=_~~=~=s~~s=~====__=~=~~~~_ At the request of the Florida League of Cities, the Palm Beach County Municipal League is being urged to inform its member cities regarding the Voter Control of city Taxes legislation that will likely resurface during the legislative special session tentatively scheduled for May 18, 1992. This legislation, if approved, will require that it be placed on the November 1992 statewide ballot. I have attached a Florida League of cities memorandum dated April 24, 1992 regarding this matter for your information. Also attached 1s a sample resolution provided by the Florida League of cities for your municipality's use if such action is deemed appropriate by your city. The Florida League of cities is also encouraging individual city elected officials anà other officials or staff that may be on statewide committees, boards or task forces to notify their respective legislators to express their support of this leqislation. It you have any questions regarding this matter, either contact thls office or Michael sittig, Assistant Executive Director of the Florida League of Cities or Ken Small, Director of Economic Research, Florida League of cities. .. P. 8. CO, ~'UtUCIFAL LEAGUE -- -' -- . 05-05-92 13:09 - 5/5/92 TO: CITY CLERK, DIRECTOR OF FINANCE c: erry MANAGER ill , l\7'r ~ 8 ·~-·.Î -~- FLORIDA LEAGUE OF ClTlES, INC. Memorandum TO: Trustee., PLC Public Risk Services Proqrams President., Regional/Local Leaques "'t'" Ftc policy Committee Members \J~G'é~ \ Selected City Managers ~ Selected City Clerks FROM : Michael Sittig, Assistant Executive Director DATE : April 24, 1992 SUBnCT: VOtD COll'1'aoL OP CI'ft 'tU1lS - FLC BOAJU) AC1'IOK The Board of Directors of the Florida League of cities held a special meeting in 8radenton, Florida, to develop a legislative strateqy tor adoption of our proposed constitutional uendment providinq an equitak)le tax system for Florida'. citi.s. The Legislature will meet in special session next month (tentatively On May 18) to r.view budget and tax issues relating to state aAd 100al ;overøa.nt and it ie our immediate goal to have this issue approved and placed on the November 1992 statewide ballot. The Florida Leaque of cities' Board of Directors voted overwhelmingly to sUtport thi. amendment and to request all city officiale to uersonal!v pursue th . wall out- effort. As Ftc President Martin has said, "The aemberehip of this IAaque, when SUfficientlr intorm.d and mobilized, will be able to achieve success in any meritor oua Legislative endeavor." Please ask your legislators to allow the pUblic to vote on voter control of City T.... by placing this amendment on the November 1992 ballot. When you receive a co..it.ent, please advise me at the Leaque so we may coordinate your efforts to a successtul end. The constitutional amendment will be introduced and sponsored by Representative Harry Goode (Melbourne) and Senator Fred Dudley (cape Coral). Thi. proposed amendment would replace the Legislature's absolute power to dictate tax revenues for your city and transfer that authority to each city council and the voters of each individual city (a brief explanation is printed on the back). ~1io opinion poll. abow ov.r 10 perc.nt of OUr a1ti.eDs support this approach. Legislators aust understand that their continuing failure to reform current law. reqqlating city tax policy is, in effect, support for dramatic property tax increases in the future since all other authorized tax revenues are capped or li.ited. Recently. the Tax and Budqet Reform commission estimated that without significant legislative reform, over 25 percent of Florida's cities will reach the constitutional 10 mill cap by 1995. It you have any questions, would like a sample resolution or additional inforaation, please call me at (904) 222-9684 or 1-(800) 342-8112. cc: FU: Board ot Directors Attachl\enta 201 w..t Parlt Avenoe . P.O. Bas 1757 . '!'1>!!>1b_. Florid. 32302·1751 . (90.) 222-9684 . SunroT '2'7¡:1-M~' '. '. Voter Control of City Taxes by Lynn TiPton The Board of Directors of the Florida League of Observers of Florida politics can take this commentary even Cities is asking the regional leagues of cities further: people have historically moved to the Sunshine State to and the membership to express support for a get away from the large political machines in their urban home- constitutional amendment to be placed on the towns. or they have retired here ballot in JVovember 1992 that would grant to benefit from the low tax rates. In the past decade. however. fiscal home rule powers to cities and their younger people have moved here as well, and the demands for citizens. If approved by Florida voters, this roads. schools and the more "cosmopolitan" services have hit constitutional amendment loould remoue the the various levels of government Legislature's absolute power to dictate tax like shockwaves, Through this period. however, the cry of "no structure and tax policy to cities and would tax increases" and especially the fight against the property tax return that power to the voters of each have surrounded each attempt by the respective governments to individual ci~y. respond to the demands, How do Florida voters really feel about their taxes and the services they receive? In a poll conducted by Frederick/Schnei- n council chambers across they cannot make a difference: ders, the results show that 93 percent of those polled believe the state. municipal officials that the political system is spi- that they should have a direct have faced increasingly hos- raling beyond anyone's control. say in how they are taxed (see tile residents during their The Harwood Group. in its re- the article on page 21), annual budget hearings. port "Citizens in Politics" pre- Florida's unchecked growth. nu- pared for the Kettering Founda- How. then. can city govern- ment meet the challenge of in- merous federal and state man- tion. found that people believe volving its citizenry in the finan- dates. and increased demands that "the present political system for services coupled with the is impervious to public direc- cial planning of service delivery when the sources for revenue ever-escalating cost to provide tions: a system run by a profes- are restricted by the state? those services are matched sional political class and con- against stagnant and limited trolled by money. not votes, municipal revenue sources like What's more. people do not be- Tax Reform the biblical Goliath facing David. lieve this system is able to solve A common perception has the pressing problems they Tax reform has been a popu- been that most Americans are face," The report concludes that lar buzz word in Florida for quite apathetic toward government (at the challenge will be to join citi- some time. but especially since any level), But new studies show zens and politics together, and to the 1990 elections, The Govern- t may not be a plague of apathy. find a role for citizens in the po- ment by the People Commission out a belief by individuals that litical process. I (also known as the Frederick FLORIDA LEAGUE OF CITIES 38 '. Commission). the Florida Taxa- voted to change their city charter charges to private utilities for tion and Budget Refonn Com- to restrtct absolute property tax the privilege of doing business mission and several public inter- revenue growth to 3 percent per within the city limits. amount to est groups have spent the last year, Statewide, the "Save Our nearly 4 percent of city reve- year debating what is wrong with Homes" advocates are strtving to nues. Similarly. fine and for- the present system and what place a constitutional amend- feiture revenues constitute ap- options are available for change, ment on the 1992 ballot that proximately 1 percent of all reve- In most of these discussions. would limit local residential nues. however. the state's needs have property tax increases to 3 per- User fees and other charges dominated, cent annually, In poll after poll. for services have become the The League's Board of Direc- the property tax is called the workhorses for cities. resulting tors is suggesting a change to most unfair tax. It is important in approximately 40 percent of the state's constitution that to note, however. that revenue total revenues, The use of these would allow a city's voters to from property taxes provides funds is limited to the programs authorize taxing powers, To un- only about 16 percent of an av- for which they are charged. and derstand this proposal. it is im- erage city's total revenues. the programs often must be sub- portant to first look at: the cur- The municipal utility tax is sidized to ensure that all citizens rent tax situation for Florida's levied upon specific utility serv- have access to services. Public cities; how other states have ices and is collected and remit- transit systems and parks and dealt with municipal home rule; ted to the city by the utility pro- recreation services are prime ex- and what fiscal home rule could vider. Considered by many tax amples of user-fee based pro- mean for Florida cities, experts to be a fair tax because grams that are often subsidized it is borne proportionally by the by tax revenue, The Current Picture users of the utility, the utility tax State revenue sharing and the in Florida is capped at 10 per- half-cent sales tax are the source cent by state law. The tax repre- of 8 percent of an average city's The Florida Constitution does sents 6 percent of an average revenue base. The Florida Legis- not provide fiscal home rule to city's total revenue. lature started the revenue shar- municipal governments, The The occupational license tax. ing program in 1972 by fonning taxing authority for cities. towns once a strong source of revenue. a trust fund which generated its and villages has come from state has been restricted since 1980, monies from percentages of two law and has been limited to the In 1972. the state rewrote the unit-based sources: cigarette property tax. municipal utility license law and froze the rates taxes and motor fuel taxes. In tax and occupational license tax. following a Supreme Court deci- that first year. the fund gener- Despite repeated attempts by sion, In 1980. the state allowed ated $132 million and was di- cities. efforts to gain additional specific percentage increases: vided among cities based on a sources of revenue and flexibility however. the rates have been non-controversial fonnula. To- in existing sources have not frozen since that time. (This has day. the program is estimated to been successful. resulted in tax inequities due to generate only $196 million, If it It is expected that the Florida the rate changes that were made had kept pace with inflation. the Taxation and Budget Refonn in 1980. The inequities cannot total would be well in excess of Commission will receive data be corrected without losses in $400 million. The fonnula to dis- from its consultants showing revenue.) The tax currently pro- tribute these funds has become that cities in Florida will face vides less than 1 percent of a quite controversial due to the deficit financing by 1996 unless city's total revenue. automatic increases given to services are cut or taxing capac- Since the late 1970s. cities Dade County, It is also impor- ity is increased, The results are have not been able to look to tant to note that due to the fluc- also anticipated to include the federal funding either in direct tuating oil economy and de- fact that. if no changes are aid or through grants, Despite creases in cigarette consump- made. over 25 percent of the the mandates which Congress tion. these revenue sources are cities will be at the 10 mill cap passes on to cities each year, not perceived as healthy ones. by the end of this decade, Fur- federal assistance has virtually Where does this leave Flor- thennore. the cumulative deficit disappeared. Less than 3 per- ida's cities? With politically un- in taxing capacity between now cent of an average city's revenue popular and legally capped and the year 2000 will equal is federally shared revenue. taxes! Since balanced budgets $1.3 billion and the annual defi- The state has approved vari- are required by state law. only cit for fisc.al year 2000 will be ous local option taxes, which three options are available: re- over $500 million, counties are authorized to levy, duce or eliminate services; ob- The millage rate for the prop- Cities are authorized to share in tain additional taxing authority erty tax is capped at 10 mills: these tax revenues but they do from the Legislature: or acquire however. many cities have al- not constitute a large portion of a greater commitment from the ready reached their political cap, a city's total revenues, state in sharing its fiscal re- In Jacksonville. citizens recently Franchise fees. which are sources. Realistically, the state QUALIlY CITIES -- OCTOBER 1991 39 .- · ~ is not in a posture to share its The constitutional amendment fiscal home rule with the grow- dollars. Mandates and increas- could be placed on the ballot by ing involvement of voters on g demands for services make it the Florida Taxation and Budget public policy issues. especially Reform Commission or by the taxes. The tax structure de- _tfficult for cities to eliminate or signed by the city leaders could reduce delivery, Thus, cities are Legislature. left with a dire need for changes Should this constitutional be as innovative as one's imagi- in taxing authority. amendment be approved by the nation, voters. city officials in each city This could be a unique oppor- Voter Control of City would have the authority to de- tunity for a city to design a tax sign an ongoing tax structure structure that would provide a Taxes - A Chance for that is compatible with their permanent solution to what community goals, It would be seems to be an eternal problem. Change placed on a citywide ballot in the form of a charter amendment, If Understanding the The Board of Directors of the the voters approved the pro- Florida League of Cities is asking posal. it would become the new PrOposal the regional leagues of cities and tax structure for that city. If the the membership to express sup- voters rejected it. the existing tax Fiscal home rule sounds port for a constitutional amend- structure of that city would re- simple because the premise is ment to be placed on the ballot main. Basically. it would give the simple. But the process. on the in November 1992 that would city and its residents the oppor- other hand. would involve citizen grant fiscal home rule powers to tunity to pick between the tax input and deliberation. After cities and their citizens. If ap- structure that is currently in public hearings and workshops. proved by Florida voters. this place. which was designed by a city commission would put to- constitutional amendment would the state constitution and the gether a package that matched remove the Legislature's abso- Legislature, and the tax struc- the service demands and taxing lute power to dictate tax struc- ture that would be designed by capacity of the citizens. Then the ture and tax policy to cities and their current city leaders. vote of the people would either would return that power to the This proposal is intended to approve that package or leave voters of each individual city. combine the municipal goal of the city with its current tax structure. There are several obvious questions that come to mind in Saving for Retirement considering this proposal. First. Shouldn't be Risky Business. is there a way to achieve local government taxing authority without placing a constitutional Almost daily you read about the insurance industry amendment on the ballot? A crisis. Even Congress is calling for tighter management j I) similar proposal could be ap- and more regulation. So, why place all of your guacan- proved by the Legislature; how- teed investments with one insurance company? tI ever. the Legislature has consis- tently shown that it does not place a high priority on munici- With the ICMA Retirement Corporation (RC), you pal revenue authority, If the Leg- don't have to. RC manages insurance contracts on islature were to enact this pro- behalf of thousands of public employers through the posal in the general law instead ICMA Retirement Trust of as a constitutional amend- ment. it would limit the revenues To help reduce risk, we spread investments in our to only those permitted by the Guaranteed PLUS Fund among a variety of carriers. constitution. This precludes changes to the property tax. And we perfonn continuous, comprehensive credit True flexibility can only be research on each insurance underwriter. achieved by amending the constitution, Your retirement savings are too valuable to subject to Would a city be able to change risky business. For more infonnation on RC-adminis- the 10 mill cap on property tered plans, including RC's Guaranteed PLUS Fund, taxes? Yes. up or down. Cities call toU-free at (800) 669-7400. would also be able to change or even abolish the $25.000 home- D Retirement is ~ stead exemption. and they could our middle name. abolish the property tax. if the citizens approved such a pro- rC\(A ~ m Nonh CopilOt Sir""\' NE· Wuhin&\Oll. DC 20002-4240 posal, R.ETIREMENT CORPORATION (202) 962-4600 Toll·Free (202) 669-7400 FLORIDA LEAGUE OF CITIES 40 '. . Is it possible that every city in Selected questions from the Frederick/ the state would design a differ- Schneiders Poll ent taxing structure and, there- - fore. eliminate uniformity among Which of the following options regarding state and local governments do municipal taxes? Yes, One of the most exciting aspects of this pro- you think is the best? posal is the possibility for tax . The state government should have strict control over what taxes structures which reflect the na- ture of each community, Urban local governments are allowed to levy: (26%) or rural: residential or a mix of . The local governments should have flexibility as to what taxes business. industry and residen- they want to levy and how much they want to charge (67%) tial: coastal, panhandle or in- Would youfavor or oppose a law which would allow Florida cities to land: young residents with de- add or abolish any taxes they want to if those taxes were approved by mands for complex services or a a majority vote of the people? retirement community with a need for a lower level of services: Favor: 72% Oppose: 24% Don't know: 4% regardless of the demographics. the flexibility would be available Voters should have a direct say over how they are taxed. to each city to create a respon- Agree: 93% Disagree: 6% sive tax structure. What are the chances for suc- In general. how would you rate the Job the elected officials in your city cess? The proposal could be quite controversial, This pro- are doing--excellent. good, not so good. or poor? posal would require tremendous Excellent: 3% Good: 61% work, but most of all it would Not so good: 21% Poor: 12% require strong membership sup- Don't know: 3% port, The probability of success is directly related to that sup- Using the scale of excellent. good. not so good, or poor. please rate the port, elected officials in your city on the following. The two-thirds of Florida's Holding down taxes. voters who want local govern- ment control of taxes and the Excellent 6% Good 44% nine out of 10 citizens who be- Not so good 31% Poor 14% lieve their voices should count in Don't know 6% the decisions for local spending are not anxiously waiting for The City of Greenacres' convention ad was misprinted in the August some leader to put this proposal issue. The corrected ad appears below, We apologize for any inconvenience before them, These citizens do this may have caused. not think the participation they seek is feasible. if public opinion studies are to be trusted, The Samuel 1. Ferreri timing for this proposal is good Mayor because of the statewide focus on tax reform. Merge the timing Lucille C. Tourville with the views of Florida voters. and the chance to permanently Deputy Mayor change the nature of municipal government is apparent--it is an Richard C. Radcliffe opportunity that should not be Councilman City of Greenacres ignored! . James E. Rawlins. Sr, NOTE Councilman 1, Kettering Foundation. Citi- Charles E. Shaw Best wishes for a successful zens and Politics: A View from Councilman 65th Annual Convention Main Street. prepared by the to the Harwood Group (Dayton. Ohio: Bem' D. Kanrerman ~loriàa League of Cities Kettering Foundation, 1991), éouncilwoman anà its host Lynn Tipton is the League's ex- David B. Farber the City of Tampa. ecutive assistant for intergovem- City Manager mental relations. gUALI1Y CITIES -- OCTOBER 1991 41 I>~.,- '. " .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~ t-> I FROM: CITY MANAGER ,r,/ SUBJECT: AGENDA ITEM ft '} I - MEETING OF MAY 12. 1992 RESOLUTION NO. 53-92/MID-YEAR BUDGET REVIEW DATE: May 8, 1992 This is a resolution amending Resolution No. 71-91 which made appropriations of sums of money for all necessary expenditures of the City for fiscal year 1991-92, by setting forth the anticipated revenues and expenditures for the General Fund, Special Revenue Funds, Enterprise Funds and Internal Service Funds for fiscal year 1991-92 and making appropriate adjustments to budget line items in various departmental budgets. Staff will make a presentation at the May 12th regular meeting with regard to this item. Recommend approval of Resolution No. 53-92. ~ 5-0 , "I · ---.-....------- .~-- ----~---_._--~_._--- ___ ________ ____ ___~___ ._n_ _____________~______... .-----~-------~-- ._--~~----------_.- - -- ..-- .'. -- RESOLUTION NO. 53-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 71-91 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1991-92, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE WATER AND SEWER FUND FOR THE FISCAL YEAR 1991-92; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Resolution No. 71-91 be, and the same is hereby amended to read as follows: That the following sums of money, attached hereto and marked Exhibit A, be, and the same are hereby appropriated upon terms, conditions and provisions herein set forth: Section 2. That all monies appropriated herein are appropriated upon the terms, conditions and provisions herein set forth. Section 3. That subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional, and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1991, and terminating the 30th day of September, 1992, for which the appropriations are made, are sufficient to pay all the appropriations in full; otherwise the said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated to be available in the period commencing the 1st day of October, 1991, and terminating the 30th day of September, 1992. Section 4. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1991, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 1991, provided, however, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Funds created by setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 1991. Section 5. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained; and if such department, bureau, agency or individual shall exceed the amount of its appropriations without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. f '. . -.. -'--- -.- _'_-0-__- ..._._-------~----- -~ --- _._--,--~-_.- -.------ - .~~--- _._-_._~_._----_.- Section 6. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 7. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Assistant City Manager/Administrative Services based on data provided by the Budget Officer and Finance Director to report known violations of this section to the City Manager. Section 8. That all monies collected by any department, bureau, agency or individual of the City Government shall be paid promptly into the City Treasury. Section 9. That the foregoing budget be and hereby is adopted as the official budget of the City of Delray Beach for the aforesaid period provided, however, that the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 10. That public hearings were held on the tax levy and the budget on September 10, 1991, September 24, 1991, and October 8, 1991. Section 11. That this resolution shall be effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 12th day of May, 1992. ~~ ,. M A YtyR ATTEST: (J II :vmrrp~ Jú ~ I/o*¡ C~ty erk -2- Res. NO. 53-92 . ". · Exhibit A Internal General Special Enterprise Service Total Fund Revenue Funds Funds Funds Cash Balances Brought Forward: $400,544 $534,298 $4,719,027 30,754 $5,684,623 Estimated Revenues: TAXES: Millages Ad Valorem Taxes 6.20 $15,083,357 $15,083,357 Ad Valorem Taxes 0.95 2.288,861 $2,288,861 Ad Valorem-Delinq, Pen. & Interest 260,000 $260,000 Sales and Use Taxes 858,430 $858.430 Franchise & Utility Taxes 6,683.100 $6,683,100 Licenses and Permits 1,348,510 $1,348,510 Intergovermental Revenue 4,056,989 1 ,321 ,267 57,000 5,218,005 $10.653.261 Charges for Servic~s 763.425 20.908.082 $21,671,507 Fines and Forfeitures 360,500 135,000 $495,500 Miscellaneous Revenues 2,012,270 142,500 737,917 209,060 $3,101,747 Other Financing Sources 2.544,048 841,821 1,635,789 $5,021,658 Total Revenues and other Financing Sources $36,259.490 $2.440.588 23,338,788 5,427.065 $67.465.931 Total Estimated Revenues $36,660,034 $2,974,886 28,057,815 5,457,819 $73.150,554 and Balances Expend it u res/Exp enses: General Government $4.947,244 $128,400 65,000 1.990,534 $7,131,178 Public Safety 19,708,684 390,049 $20,098.733 Physical Environment 296,752 18,188,709 $18.485.461 Transportation 1,207,528 $1,207,528 Economic Environment 425,679 1,676,696 $2,102.375 Culture/Recreation 4,678,916 779,741 1,783,618 $7,242.275 Human Services 102,708 $102,708 Debt Service 4,085.654 4,725.617 $8,811,271 Interfund Transfers 1,134,479 3,294.871 $4,429,350 Internal Services 72,390 3,467,285 $3,539,675 Total Expenditures/Expenses $36,660,034 $2,974,886 28,057,815 5,457,819 $73,150,554 Reserves 0 0 278.738 278,738 Total Expenditures/Expenses Unappropriated/appropriated $36,660,034 $2,974,886 28,336,553 5,457.819 $73,429,292 File: res92 .., · EXHIBIT B GENERAL FUND BUDGET AS OF MID- YEAR 36,502,616 Revenues: 1000031110 current advalorem tax 90,000 1000031120 del advalorem taxes (65.000) 1000031241 local 'Jollon tax 11,000 1000031310 francl1iseufpl ( 14,000) 1000031410 util tax -electric 185.000 1000031420 util tax-so bell (75.000) 1000031421 other tele-util tax (30.000) 1000031440 util tax-gas 36.000 1000031911 pen & int advalorem (35.000) 1000032110 occupational license 11,000 1000032220 electrical permits 15.000 1000032230 plumbing permits (4.000) 1000032920 paving permits 14,000 1000032922 roof permits 6,000 1000033511 cigarette tax (10.000) 1000033512 state rev sharing 57,000 1000033513 sales tax coli (215,000) 1000033715 historical resource grnt 12.000 1000033717 reimbursement from cra (22.000) 1000033721 school crossing guard 4.500 1000033736 ems grant - equip/trailer (22.000) 1000033795 annexation tax fr cnty 49,000 1000033890 mterest from tax call 10.000 1000033910 hOlJsing auth. p.i.l.o.t. 4.500 1000034123 plat approval (13.000) 1000034124 site plan approval 17,000 1000034125 conditional use 5,500 1000034190 other gen govt chg 10,000 1000034229 ems fees 4,000 1000034230 road impact-admin fee 7,000 1000034380 cemetery fees 7.000 1000034381 nuis abate/adm recov fee 9.000 1000034382 crypt sale proceeds (5.000) 1000034383 niche sale proceeds (5.000) 1000034384 vault sale proceeds (5,000) 1000034385 memorial sale proceeds (3,000) 1000034722 adult center 9,000 1000035910 business licenses/penalty 9.000 1000035920 bldg reinspection fee (8.000) 1000035921 penalty-no bldg permit (4,000) 1000036110 interest on investments (335,000) 1000036112 Interest on accts rec 8,500 1000036931 recover of prior yr expend 12,000 1000036971 Interest cra bond share (36.000) 1000036999 mise revenue (56,100) 1000038123 1987 uti! tax sink fd 32.000 1000038133 87 utility tax fund 87,100 Totallncreases/(Decreases) to Current Revenue Base: (240,000) '! Adjustment to Revenues: 1000038114 xfr from utility tax sinking fund 150.000 1000038141 xfr from water & sewer fund 42,409 1000038145 xfr from golf cse fund 190.406 1000038145 xfr from golf cse fund (xfr less due (90,401 ) due to low retained earnings) 1000038414 installment purchase 41.359 1000038415 92 multiple G.O. refunding 63.645 ---------- 397.418 NET REVENUE ADJUSTMENT 157,418 ADJUSTED REVENUE TOTAL: 36,660,034 =s~====== FILE: resbud92 " BUDGET AS OF MID-YEAR 36.502.616 City Commission 1111-51133-19 5.000 Other Professional Service (mall out) 1111-51133-81 6.700 Unfunded special events 1111 -511.33-32 (250) Repair & Upkeep Equipment 1111-511.33-54 (100) Postage 1111-51133-57 (250) Travel & Training 1111-51135-15 (400) Operating Supplies City Manager 1211-512.33-27 (100) Telephone 1211-512.33-32 (500) Repair & Upkeep EqUIpment 1211-512.33-56 (100) Memberships & Publications 1211-51233-57 (100) Travel & Training 1211-512.35-11 (50) Office Supplies City Clerk 114-512.60-86 41,359 Microfiche Workstation Support Services 1501-51232-17 (3,500) QlP 1501-512.33-32 (2,600) Repair & Upkeep Equipment .. Finance 1511-513.11-12 (20,000) Vacant Budget Officer 1511-513.11-21 (4,300) FICA 1511-513.11-23 (2,200) Health, life, Disability 1511 -513.33-12 9,500 Acctg & Auditing-Arbitrage Report Purchasing 1531-513.11-12 (1,000) Vacant Purchasing Specialist 1531-513.11-23 (900) Health, life, Disability 1531-51333-27 (300) Telephone Expense 1531-513.33-51 (100) Advertising 1531-513.34-57 (400) Computer Training MIS 1811-513.33-27 (1,000) Telephone Expense 1811-51333-32 (5,000) Repair & Upkeep Equipment 1811-513.33-57 (500) Travel & Training 1811-513.34-57 (2,500) Computer Training 1811-513.35-15 (6,000) Operating Supplies Police Administration 2111-521.11-12 21.400 Due to re-org 20 to 26 positions 2111-521.11-14 5,000 Overtime 2111-521.11-21 2,600 Due to re-org 20 to 26 positions 2111-521.11-23 6,500 Due 10 re-org 20 to 26 positions 2111-521.32-15 (2,000) Annual Physicals Program 2111-52133-14 (1,000) Medical Services 2111-52133-15 (3,000) Consulting 2111-521.33-32 (3,000) Repair & Upkeep Equipment "! · Police Support 2113-521.11-12 (150.000) Due to re-org 49 to 35 pOSitions 2113-521.11-14 30.000 Overtime 2113-521.11-21 (9.000) Due to re-org 2113-521.11-23 (17,000) Due to re-org & FT to PT 2113-521.11-18 (15.110) Correct account code 2113-521.33-21 (10.000) Electric 2113-52133-42 (3.000) Rental Equipment Investigation 2115-52111-12 203.000 Due to re-org 29 to 41 positions 2115-521.11-14 (9.000) Overtime 2115-521 11-21 15.000 Due to re-org 29 to 41 pOSitions 2115-52111-23 16,000 Due to re-org 29 to 41 positions Patrol 2117-521.11-12 (100.000) Due to re-org 11 ° to 106 POSitions 2117-521.11-14 115,000 Overtime 2117-521.11-18 (75.000) Correct account code 2117-521.11-23 (4,000) Due to re-org 110 to 106 POSitions Fire Administration 2311-522.11-12 (7.280) Secretary I vacant Nov-Mar 2311-522.11-21 (1,200) FICA 2311-522.11-23 (600) Health. Life & Disability Operations 2315-526.11-12 (65,000) Delays in hiring new staff Oct. - Dec.2 2315-526.11-21 (3.000) FICA 2315-526.11-23 (3,100) Health, Life & Disability P&Z 2511-515.11-12 6,000 Change in staff 2511-515.11-23 (700) Vacancies Community Improv Administration 2721-524.11-12 (14.000) Vacant Bldg Inspector 2721-524.11-21 (2.000) FICA / 2721-524.11-23 (1,700) Health. Life & Disability Engineering 2911-519.11-12 (7.500) Deputy Director position 2911-51911-21 (600) FICA 2911-519.11-23 (1 .400) Health, Life & Disability 2911-519.11-27 (4,277) ICMA 2911-519.33-11 (20,000) Engineering Services 2911-519.34-57 (2,000) Computer Training PubliC' Works Administration 3111-534.11-12 (5.470) Change in staff 3111-534.11-21 (550) FICA 3111-534.11-23 (250) Health. Life & Disability P.W. Parking 3151-545.35-15 (1,000) Operating Supplies Facility Maintenance 3431-519.33-21 (12.000) Electric Current 3431-519.33-24 7,000 Water. Sewer & Garbage 3431-519.33-27 (5,000) Telephone 'f P & R Administration 4111-572.11-12 (3.000) Vacant A.A. III 4111-572.11-21 (300) FICA 4111-572,11-23 (350) Health, Life & Disability Athletics & Special Events 4121-572.11-12 (1,300) Vacant Rec Sup II Beach Operations 4123-572.33-24 15,100 Water, Sewer & Garbage TenniS Center 4124-572.33-24 1,800 Water, Sewer & Garbage Community Cel1ter 4125-572.11-12 (2,000) Vacant Secr II Feb-Apr 4125-572.11-21 (150) FICA 4125-572.11-23 ( 400) Health, Life & Disability 4125-572.33-21 (500) Electric Veteran's Park 4126-572.33-24 3,860 Water, Sewer & Garbage 4126-572.33-21 (400) Electric Pompey Park 4127 -572.33-21 (1.500) Electric 4127-572.33-24 3,550 Water, Sewer & Garbage 4127 -572.60-89 (1,150) Surplus buffing machine Parks Maintenance 4131-572.11-12 (6,000) Laborer I vacant Jan-Apr, Sprinkler Mtn Person Oct-Jan 4131-572.11-21 (500) FICA 4131-572.11-23 (4,100) Health, Life & Disability 4131-57233-21 (2,500) Electric 4131-572.33-24 47,500 Water, Sewer & Garbage Cemetery 4511-539.11-12 (4,000) Vacant Laborer I Nov-Feb 4511-539.11-21 (300) FICA 4511-539.11-23 (700) Health, Life & Disability Miscellaneous Exp. 6111-519.34-11 260 Miscellaneous 6111-519.34-35 15,735 Refunds - Ad Valorem Debt Service Continued Next Page " Debt ServIce 7111-581.70-21 (173,944) 1985 G.O. 7111-581.70-21 (28.050) 1980G.O. 7111-581.70-21 157,758 1992 G.O. 7111-581.70-77 (24,754) 1989 Utility Tax Note Interest 7111-581.70.24 (31,582) 1978 Utility Tax Interest 7111-581.70.24 (3,125) 1967 Utility Tax Interest 7111-581.70.14 (36,025) 1978 Utility Tax Principal 7111-581.70.14 (100,000) 1967 Utility Tax Principal 7111-58170-91 (1,045,700) 1987 Utility Tax Monthly Xtr 7111-581.70-91 1,442,468 1992 Utility Tax Monthly xtr 7111-581.90-25 63.545 Issuance Cost - 1992 G.O. ---------- NET EXPENDITURE ADJUSTMENT 157,418 ADJUSTED EXPENDITURE TOTAL 36.660,034 ~-------- ." · SPECIAL REVENUE FUNDS; LAW ENFORCMENT TRUST FUND 11221725213435 200,706 SEGREGA TE FORFEITURE FUNDS 11200003011200 72,306 11221715197017 128,400 COMPUTER LEASE PAID OFF 11221725213313 3,500 11221725213361 3,500 COMMUNITY REDEVELOPMENT FUND 11819215543354 300 POSTAGE 11819215543356 1,000 MEMBERSHIPS. PUBLICATIONS 11819215543357 1,800 TRAVEL & TRAINING 11819615546021 2,539 DEMOLITION & CLEARANCE 11819625546020 24,000 POMPEY PARK IMPROVEMENTS 11819635546019 4,230 CARVER ESTATES LANDSCAPE 11819635546208 9,000 EMERGENCY REPAIR 11819635546023 36,212 HOUSING REHAB 11819645546024 17,558 WATER & SEWER IMPROVMENT 11865115549011 4,231 CONTINGENCY 11800003314800 100,870 1990/1 GRANT REVENUE RENTAL REHABILITATION PROGRAM 11819755543481 101,511 CITIZENS MATCH/RENT REHAB 11819755546023 110,634 HOUSING REHAB 11819755546209 21 .252 ADMINISTRATIVE FUND 11800003691800 233,397 CITIZEN MATCH/REHAB ENTE:RPRISE FUNDS WATER AND SEWER 44151115363312 11,000 SEE FILE FOR B/U 44151115363351 500 44151125363314 500 44151235361114 70,000 44151235363333 2.000 44151415363321 1,500 44151415363335 15,000 44151435363311 35,000 44151435363353 700 44151615366058 8,000 44151625366089 100 44191115819012 42,409 'I · ENTERPRISE FUNDS CONT' 44151115363327 1,313 44151115361112 11,000 44151115363321 2,000 44151115363511 409 44151125363354 4,000 44151125363515 3,000 44151125361112 10,000 44151225361124 1,500 44151225361142 35,000 44151225363515 1,000 44151225363367 10,000 44151235361112 10,000 44151235363324 500 44151235363334 4,000 44151235363551 4,000 44151415361112 35.000 44151415363379 1,000 44151415363515 2,000 44151415366089 5,000 44151425363362 5,000 44151435363331 3,000 44151445361112 10,000 44151445363334 2,000 44151415363353 700 44171115817023 11,812 44171115817013 13.475 44151125363319 65,000 LOCKBOX FEES 44100003014100 65,000 GOLF COURSE FUND 44547115723324 7,533 COVER NEGATIVE BALANC 44547145723332 6,000 COVER NEGATIVE BALANC 44591115819012 100,005 UTIL TAX REFUNDING 44571115827015 60,500 UTIL TAX REFUNDING 44571115827025 53,038 UTIL TAX REFUNDING INTERNAL SERVICE FUNDS HEALTH INSURANCE FUND 55500003991300 (20.090) BALANCE FUND 55500003991400 (86,790) 55500003991500 77,971 55515755913469 10,620 'I . - . . . Exhibit A - As 4òÞt'ï~ 1c:>/8 {1 / General Søe'Clal Enttrl)f1M Tot" Fund ~u. Fundi Fundi Casn Salanc.. Srougnt Forward: $75.000 $293.518 $1.050.46. $1.419.002 Estimated ~u..: TAXES: Millages Ad V¡IOf'em TÐ" 6.20 $14.993.3S7 $14.993.357 Ad ValOf'em TÐ" 0,95 2.288.86 , 2.288.861 Ad VaIOf'em-OeIinca. Pen, & Int." 290,000 290.000 Sal" and Use TÐ" 847.430 847.430 FranchiSe & Utility Tax.. 6.581.100 6.581.100 LICenses and PermItS 1.306.510 1 .306.510 Int...gover"*'fal Revenue 4.258.. 987,000 57.000 5.302.989 Charges 'Of' SeMç.. . 728.925 20.901.082 21.637.007 Fin.. and Forleltur.. 360.500 135.000 495,500 Miscellaneous ReYlnues 2.418,870 ,1.2.500 132,581 3.293.951 orn., FinancIng Sourc.. 1.941.530 6<62.115 so. 000 2.633,&c5 TOCal~and om. FiNcing ~ $36.016.012 $1.906.515 $21.747.663 159.670.350 Total EIttfMt.s ~ $36.091.012 12.200.133 122.791. ,.7 .'.089.352 and IWMCeI Expend~ Gener" GOYeI'nment 14.887.518 $121..00 15.015.916 PublIC Sa'etY 19.685.343 180.115 19,865,458 PhysICal EtMronmettt . 277 .545 12.712,007 12.989.552 Transoonatlon 1.150.030 1.150,030 economIC Environment .25.67'9 t:23t.11S 1 .&e... 794 CufturtiRecreation ..5ð8.31i 301.273 1.516.. 6.462.877 Human Servic:.. 102.708 Debt s.Mc. 3.865.063 4.725.517 8.590.680 Interlund Transfers 1.056.479 3W.230 3.411.500 4,892.209 'nt.-nll ~ 72.390 0 72,390 Total &øend!tur~ $36.091.072 12.200.133 S22.515.. 160.806.61. "'.~ 0 0 282.738 282.738 TOCal &øenclltur~l'. Unaøørogrlate4Jaøøroorw.s $36,091.012 S2.2OO.133 122.791.147 561.089.352 '! '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER[f;w1 SUBJECT: AGENDA ITEM i C¡,} - MEETING OF MAY 12. 1992 REPLACEMENT OF A MEMBER ON THE NEIGHBORHOOD TASK TEAM DATE: May 8, 1992 This item is before you to replace Lillian Flores as a member of the Neighborhood Task Team. At the April 14th regular meeting staff submitted the names of both Victor and Lillian Flores for consideration of appointment to the Task Team. Mrs. Flores was selected and subsequently appointed; however, because of family circumstance Mrs. Flores has been unable to attend meetings, and Mr. Flores has attended in her stead. Mr. Flores has asked to be formally appointed to the Task Team in place of his wife. Staff and the Chair of the Neighborhood Task Team recommends approval of this request. Recommend appointment of Victor Flores to replace Lillian Flores as a member of the Neighborhood Task Team. ~ If--o " '. . t Agenda I tem No.: 'AGENDA REQUEST Date: 5/7/92 Request to be placed on:' Regular Agenda Special Agenda Workshop Agenda When: 5/12/92 X Consent Agenda Descri~tion of atenda item (who, what, where, how much): eplacement 0 Neighborhood Task TEam member Lillian Flores ORDINANCE/ RESOLUTION REQUIRED: YE~ Draft Attached: YES/NO Approval Recommendation: Department Head Slgnature:~~r\ ~rl&º", ) . \~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds) : Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @/ NO ¿rt¿vil Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved 't , - ¡, MEMORANDUM TO: DAVID HARDEN - CITY MANAGER ~~ FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~ SUBJECT: NEIGHBORHOOD TASK TEAM APPOINTMENT CHANGE -- DATE: MAY 7, 1992 ITEM BEFORE THE COMMISSION: - - Commission approval is requested to change the appointment of Lillian Flores to Victor Flores as one of the Neighborhood Task Team members. BACKGROUND: On April 14, 1992, staff submitted for Commission consideration, both Victor and Lillian Flores as potential appointees to the Neighborhood Task Team. The Commission appointed Lillian Flores at that meeting; however, because of their family circumstances, it has been more convenient for Victor Flores to attend and participate in the Task Team meetings. He has been present at each meeting since April 14th representing his wife and therefore, has formally asked to be the official appointee. RECOMMENDATION: Staff recommends that the Commission replace Lillian Flores as a Neighborhood Task Team member by appointing her husband, Victor Flores in her place. The Chairman of the Neighborhood Task Team and his executive committee supports this change. LB:DQ D13 Flores.CC ,'t '. .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS 11 FROM: CITY MANAGER / SUBJECT: AGENDA ITEM it q·K - MEETING OF MAY 12. 1992 STATUS REPORT/THE GROVES OF DELRAY PROJECT DATE: May 8, 1992 The City Attorney's Office has reviewed the complaint filed by the homeowners in the Southridge area and has completed a preliminary report which outlines the City's responsibilities and rights with regard to this issue. A copy of their report, along with the complaint is attached as backup material for this item. ~ jXrJ-iHAd &Y ()J1&id2 1 .' '~ '~:.IJ DFDELAAY ~~D[H 1 '.~ . ~~.~ ~~. ~. '" ,ó... . .,' '~;-, ..., -~. ,., '~'...;:1 -.'¡."ti'! -Å -~ _ , - ><1 NFY'S Cf~H~E .' ,.", j. , ...; Wr~t_r·. D~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: May 8, 1992 To: City Commission From: David N. To1ces, Assistant City Attorn~~ Subject: The Groves of Delray On April 23, 1992, the City Clerk received approximately 40 complaints from homeowners in the Southridge area. One copy is attached for your review. The complaints were filed pursuant to Section 163.3215(4), Florida Statutes. Under Section 163.3215, "any aggrieved or adversely affected party" has the right to maintain an action for relief against a local government to prevent the local government from taking any action on a development which is not consistent with the Comprehensive Plan. As a condition to filing a lawsuit in Circuit Court alleging inconsistency with the Comprehensive Plan, the complaining parties must file a complaint with the local government. This complaint should state the basis for the relief and the facts upon which the complaint is based. The City then has 30 days in which to respond to the complaint. Following the City's response, the complaining parties then have 30 days in which to file a complaint in Circuit Court. Pursuant to Section 163.3215(7), any settlement which the City enters into with the developer or the property owners is subject to the usual notice requirements and public hearing requirements contained in the statute. In the Woods of Southridge Homeowner's Association complaint, the homeowners allege that the City's approval of the site plan for the development of the Groves of Delray is inconsistent with the City of Delray Beach's Comprehensive Plan. The complainants cite five different elements of the Comprehensive Plan with which the approval of the Groves site plan is incon- sistent. They cite Policy C-2.4 of the Housing Element which requires: Development of vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with an adjacent development, regardless of zoning designations. '! City Commission May 8, 1992 Page 2 The complaint also cites Objective C-4, which states: The City shall carry its fair share of low and moderate income housing needs and its fair share of subsidized projects which are directed to meeting housing needs. The complaint cites a policy under Objective C-4, Policy C-4.1 which states: Working with the Treasure Coast Regional Planning Council, the City shall determine its ranking among the cities of the region with regard to the provision of low and moderate income housing. Determination shall be made in terms of absolute ranking and as a percentage of housing supplied. The complaint also cites Policy C-4.2, which states: If it is determined that the City should provide additional low and moderate income housing units through additional housing projects pursuant to Policy C-4.1, target areas shall be identified and reflected on the land use map through a formal amendment. Finally, the complaint states that the approval is inconsistent with Policy C-4.4 which states: Until such time as the plan amendments of Policy C-3.2 is adopted, the City shall not engage or entertain programs for additional low or moderate income housing, especially within rehabilitation, stabilization and revitalization areas, except as provided for under goal areas a and b. At this time our office is reviewing the complaint, and the rights of the complaining parties to file this action against the City. There are several issues which need to be researched, including the property ownerst standing to challenge the approval of the site plan, and the issue of consistency with the comprehensive plan. The Commission may, if it desires, reconsider its previous decision. It is this office's opinion, however, that the Commission's action will withstand any legal challenge. Our office will continue to keep the Commission updated on the City Commission May 8, 1992 Page 3 progress of this matter, and if you have any questions, do not hesitate to call. DNT:sh Attachment cc: David Harden, City Manager Lula Butler, Director of Community Improvement David Kovacs, Director of Planning & Zoning Cheryl Leverett, Agenda Coordinator Thomas Hinners O! RECEIVED CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA APR 2 3 1992 CI1Y CLERK ..-'l·(' i ;' SANDRA ALLAN and WOODS OF SOUTH- RIDGE HOMEOWNERS' ASSOCIATION, INC. , Plaintiff, vs. CITY OF DELRAY BEACH, Defendant. / COMPLAINT Plaintiffs, SANDRA ALLAN and WOODS OF SOUTHRIDGE HOMEOWNERS' ASSOCIATION, INC. , hereby file this verified complaint against the CITY OF DEL RAY BEACH, pursuant to Section 163.3215, Florida Statutes (1990) , and for grounds would state: 1 . That the Plaintiff, SANDRA ALLAN, is a resident of Palm Beach County, Florida, and resides at 2553 Bessie Street, Delray Beach, Florida. 2 . That the Plaintiff, WOODS OF SOUTHRIDGE HOMEOWNERS' ASSOCIATION, INC. , is a Flor ida non-profit corporation and ot:'p rate s as the homeowners' association of the Woods of Southridge, which is a single family, residential community in Delray Beach. 3. That the De f endan t, CITY OF DELRAY BEACH, is a municipality obligated to comply with the provisions of Chapter 163, Part II, known as the Local Government Comprehensive Planning and Land Development Regulation Act. . RECEIVÉO . APP 2 ~ ~SJ2 FACTS CfTY CLERK " . ,- \ 1 '- , The allegations contained in Paragraphs 1-3 above are realleged. 4 . That on or about r.1a rc h 24, 1992 the Defendant issued a development order which approved a site plan for the development of a low income housing project, known as the Groves of Delray, in Delray Beach, Florida. 5. That the property upon which the low income housing project is proposed to be developed is adjacent to and in close proximity to the property upon which the Plaintiff, SANDRA ALLAN, resides and is adjacent to and in close proximi ty the woods of Southridge residential development. 6 . That the Plaintiff, WOODS OF SOUTHRIDGE HOMEOWNERS' ASSOCIATION, INC. , owns property in the Woods of South Ridge development and otherwise is empowered by the homeowners to represer.t the interests of the residents of the Woods of Southridge, includir:g, but not limited to, matters involving the development of adjacer't" properties which may pose adverse impacts on the homeowners. 7 . That the Plaintiffs are aggrieved and adversely affected partie s, as defined by Section 163.3215(2), Florida Statutes (1990) . COUNT I APPROVAL IS INCONSISTENT WITH THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN The allegations contained in Paragraphs 1-7 above are realleged. 8. The approval of the site plan for the Groves of Delray is inconsistent with the Comprehensive Plan of the City of Delray Beach, and, thu s, invalid pursuant to Section 163 . 3 19 4 , Florida Statutes (1990), for, but not limited to, the reasons set forth below. 'I ~. RECEiVED - . I "I' A '- l ~ A? R 2 3 ' ~ ''''.~ - - '- 9. Policy C-2.4 of the Housing Element of the ~~~sive Plan requires as follows: Development of vacant properties which are zoned for residen tial purposes shall be developed in a manner which is consistent with an adjacent developmen t, regardless of zoning designations. 10. A 144 dwelling uni t, multi-family, low income housing project is not consistent, nor compatible with the Plaintiffs' neighborhood, because the Woods of Southridge is a single farr.ily residential neighborhood, comprised of homes valued in excess of $100,000.00. 11. Objective C-4 of the Housing Element of the Comprehensive Plan requires as follows: The City shall carry its fair share of low and moderate income housing needs and its fair share of subsidized proj ects which are directed towards meeting housing needs. 12 . Howeve r, conditions precedent to implementing this objective require the City to comply with the following pOlicy: POlicy C-4.1. Working with the Treasure Coast Regional Planning Council, the Ci ty shall determine its ranking among the cities of the region with reg a rd to the provision of low and moderate income housing. Determination shall be made in terms of absolute ranking and as a percentage of housing supplied. (Emphasis added.) 13. This required coordination with the Treasure Coast Regional Planning Council and the development of a ranking to determine the amount of low and moderate income housing that the City of Delray is to provide was not done prior to granting approval for the Groves of Delray. Moreover, the City already has numerous moderate and low income housing projects, which meet or exceed the City's objective to provide its fair share of moderate and low income housing. 14. Another condition precedent to the implementation of Objective C-4 is Policy C-4.2, which requires as follows: If it is determined that the City should provide additional low and moderate income housing units through additional housing projects pursuant to POlicy C-4.1, target areas shall be identified and reflected on the land use map through a formal amendment. (Emphasis added.) 15. This process has not taken place. The targeted areas have not been identified and the Comprehensive Land Use Plan Map has not been amended so as to reflect where low and moderate income housing projects shall be directed. If this procedure had been followed, the Plaintiffs and other residents affected by the project would have had an opportunity to address this issue during the planning process pursuant to Section 163.3181, Florida Statutes (1990) , rather than having to address the issue at the permit phase. 16. Another condition precedent to issuance of development orders for low income housing projects in the City is contained in POlicy C-4.4, which states as follows: Un t i I such time as the plan amendments of Policy C-3.2 is adopted, the City shall not engage or entertain programs for additional low or moderate income housing, especially within rehabilitation, stabilization and revitalization areas, except as provided for under Goal Areas A and B. 17. The plan amendment required by Policy C-3.2 or by C-4.2, for that matter, has not been made. The map has not been amended pursuant to the requirements of Section 163.3184, Florida Statutes (1990) . 18. The development order approving the site plan for the Groves of Delray is otherwi se inconsistent with the Comprehensive Plan of the City of Delray Beach in that it fa il s to be based upon adequate studies, data and doc urnen ta t ion, as required by Section r~ECEIVED I I ! APR 2 3 1992 . \ . / err/ CLERK :«~ \: " 163.3177, Florida Statutes (1990) and the Plan. 19. The development order is also inconsistent with the Plat: because the infrastructure necessary to serv ice the development i.s not in place, nor will it be in place concurrent with the impacts of the development, as required by Section 163.3177, Florida Statutes (1990 ) and the Plan. RELIEF REQUESTED 20. Plaintiffs request that the development order approving the site plan be rescinded. The Groves of Delray low income project shall not be reconsidered until such time as the amendments required by the Comprehensive Plan of the City of Delray Beach have been prepared, based upon appropriate studies and documentation, and not until the project has been otherwise redesigned to be made consistent with and harmonious with the Plaintif f s I neighborhood. I HEREBY CERTIFY tha t a true copy of the foregoing has been furnished, by hand delivery, to Thomas E. Lynch, Mayor, CITY OF DELRAY BEACH, 100 N.W. First Avenue, Delray Beach, Florida 33483, this 11",,1 day of April, 1992 . TERRELL K. ARLINE, P.A. Prosperity Gardens - Suite 204 11380 Prosperity Farms Rd. Palm Beach Gardens, FL 33410 Telephone: (407 ) 775-1456 ~,07) 622-553 By: , ~~~ TERRELL K. FL Bar No. / WS2-164 RECEIVED ArK :'~ 3 'S02 CITY CLERK - - (" '1 '. . VERIFICATION WE HEREBY VERIFY that we have read the foregoing Complaint and the allegations contained therein are true and accurate to the best of our knowl edge and belief, and that we have retained the Law Offices of TERRELL K. ARLINE, P.A. to represent our interests in this matter. DATED this 2-2~ day of April f 1992. /,1 /' / ' .. /' 'L,-'t:tL [4·( ~ (.(-C.C·L." '-. By~ "" / SANDRA ALLAN 1 ¡ / -1 J' t j / ¡:"_ 'U I By: '.}. ,1,,- ~ l .-LL..- - ,Osted McFarlane, President WOODS OF SOUTHRIDGE HOMEOWNERS ASSOCIATION, INC. Sworn to and Subscrtbed before me this,~~j day of April, 1992. ¿¡¡¿'{HÙI¡ r/ II ,l:r(Jl],~r( ~ NOTARY PUBL My Commission Expires: NOTARY Pt:'1' rc ~T'~~ MY CO''!.' {I';;;,)-: ~./' :,~ ~~F .FI.ORI')A. BONDED THRU :\0r~kÝ'~:'9""3 J"~~ J. 1';'}S, c LIe l:>OUf.lm¡UTERS. RECEIVED CI1Y CLERK ~'. t .. { ¡ -' 'f · . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [!)J/ SUBJECT: AGENDA ITEM # < L - MEETING OF MAY 12. 1992 AUTHORIZATION TO TRANSFER FUNDS/1992 UTILITY TAX BOND DATE: May 8, 1992 This item is before you to authorize staff to transfer funds from the 1992 Utility Tax Bond and Interest Earning accounts in order to cover a negative balance in the City Hall Expansion Project fund. There were two change orders issued on this project which involved replacement of second story windows on the rear of City Hall. These were original window which were in place prior to the remodeling and expansion project. They were leaking water into the wall and the hallway in the first floor Development Services wing. This proposed transfer would encumber $2,941 from interest earnings (Account No. 333-0000-361-10.00) and $1,948 from the 1992 Utility Tax Bond (Account No. 333-3411-519-60.85). Additionally, the Commission is asked to authorize the Finance Director to approve future requests for funding from the 1992 Utility Tax interest earnings. Recommend approval of transfer of funding in the amount of $2,941 from interest earnings (Account No. 333-0000-361-10.00) and $1,948 from the 1992 Utility Tax Bond (Account No. 333-3411-519-60.85); and authorize the Finance Director to approve future requests for funding from the 1992 Utility Tax interest earnings. ~ 5-0 "~I '. . Agenda Item No.: AGENDA REQUEST Date: May 7, 1992 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: May 12, 1992 Description of agenda item (who, what, where, how much): 1) To transfer monies to cover the negative balance in the City Hall Expansion Project and to tuna Change Order #1 and Change Order #2 tor Atkinson Construct1on ~erV1ce total~1ng $1,456.66 and 2) Authorize Joe Safford to approve future requests with tund1ng to come from 1992 Utility Tax interest earnings. ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: 1) Approve the transfer with funding to come from the following: $2,941 from interest earn1ngs and ~1,948 from the 1992 Uti11ty Lax ~ond Fund - City Commission Account #333-3411-~19-óU.8~ and 2) Approve that authorization be iven to Joe Safford for disbursement of interest earning trom the 1992 Utility Tax Fund. Department Head Signature: Deter.ination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~ NO Funding alternatives. Ie-. Account No. & Description: 333-0000-361-10.00 ~ Account Balance: 333-3411-519-60.85 City Manager Review: Approved for agenda: @/ NO t;vì Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ,.. ,..~-'t.,>,- -"-, .. '.'o.c-,.-'- '~"~" ,.._,..,_._-~._. ..-.~, .--,,....'"'~ ,.,.-_- -.~,' ~~'~--~~-""".'- "'-.. "'_T._'04~.___.__ .., ,--.. ,.. -~.-.- ~.__,.-__,___ .._._.:...-..:....:............~.-.._"'".,. ..:..·......_....·..,.......-_.......·..:..........,.~....t"~,.c.'.<. ..,"''-..........,.,.~"i;t...~:..;~,_~~2~ ~ City of Delray Beach Ad jus t me n t DeparImenIøI Budget--- (1) Departmental Une Transfer (2) Date April 23, 1992 . (3) Interfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: JoseDh Safford. Director of Fin~nr~ (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 333-0000-361-10.00 Interest Earnings 2,94 I 333-3411-519-60.85 City Commission 1,948 Chambers 333-3461-519-60.31 City Hall Expansion 4,889 . (10) TOTAL 4,889 4,889 JUSTlACATlON: To transfer monies needed to cover the negative balance in the Hall Expansion Project and to fund chan e order II and chan e for , . City M (11) Budget Revision Date (12) Control Number (13) PerIod (14) Count '1 · ,............!..!.... .. (:"Ph T I ···..,...1 "" ,...."..,....., "..... ¡ ,... . .' z..... ..,. '. .. j LJ:: ·;·""'I!·-· '...!i....!t::. F::':::; f ! ....:;: ~ ¡'''1 (:jF.'''''' (:: !,--.; 1"·.1 ~:::; ¡.J :E:·: ,J E: c::,··r ~ AGE~:!\¡I:)A RE~:[!l.JE~f~;-I- ¡:~[)F~ 1.9E37 LJ'TIl:r1'Y 'r'AX BOND INTEREST ALLOCATION A BUDGET TRANSFER HAS BEEN PREPARED TO TRANSFER $1,048.35 FROM THE CITY C::C:J¡"'1:v~ I E;~:::; I tJj-···! C::!·-·¡P!I·'··!E·;E:r:~~3 r:'F~CJ,.:J E~C::'T INTO THE CITY HALL EXPANSION PROJECT TO OFFSET THE NEGATIVE BALANCE OF ( ·r ::::; ~ .{~ ::~; :';:':: " :''-:':'~ (:)) ~ ·fl·!If3 NEGA··fIVE: BAl..ANC::E I ::~:; (~! F~E£;(_JL_"r' (::)F' f:'O:!* 5<:)';'73'7 -¡..o A"r~(:[~!~;ON C~::)Nf~"rF~t.J{::-!-I(JN ~~;E~f:~V:[CE~f~~ IN -f'J-IE A110tJN"r OF' $5,')5()~()() BEING f:'f~O(~ES~3t~D 8Y OVERF~IOING ·T·~·~E Bl..JDG¡~T:. TH I ':; '-./E!'-!LDF: !: iJ ¡'U',! I :~:. Ii E:IJ (:.¡¡. L L (\ E' C¡ I;.: ¡:.\ I\! D ¡"I (::! 'r ET;' I (~:!.Y:; (')t....! D INSTALLED SIX WINDOWS AT CITY HALL I!"! ('!!.:)!) I r I CI!\i . AN E~:X·l-!~A WI¡~D{:JW WA~:; ¡:~EP¡....A(:~ED !:~E~3l_.JL_·1··:~~IG I 1\1 C: ¡-! {~ r·.1 c·::; E:: C!F~r)E::F;.: :\:\ ~L "r·~J·T(\L..L.. I \\iC-::; ·:l·ci'(? 1. 10 (;:{:: ('~!\\I:) tLJ I t·...tJ.:)CJt..J.,JE; \lJE::F~~E". ~:::.;F:C:tJF~E::J.) (:ì~\·~:C:J C::P!L..\<F:I) F·CJF~.~ c:: !...¡ (.~.! ,\I C':¡ E:: CJ h~ f) F: F;~ :1* :':? !"(::)··!··AI_..¡._..:[!~G $465~O()~ ·r)·i[ r··IFi' ¡::F'FCC:T '!'["'. ( '~r ::'? r¡ (~Ÿ'::-:. () .. ~.:.:.:I ./' ':; I') E: ED E: Dr:' h: C) r"'! INTEREST EARNINGS TD 1'\. \!\!r::THL [:\·\(:01\\\:+: C'¡:i:DLTi:'::; (il'··ID1'u C:D'v'EJ:~.:1'HF DE:F~ I C I T B('~LJ":iNCE" ii·! J ~3 I ur E:: ¡v! v·.j¡:·::·!F; ~::::;(:::¡'··!F::r:)!..JL.r:::I) -rCJ 1:-::1::: INCLUDED DN THE AGENDA REQUEST (.1 [- ;:'1' Ii·) E: 1.:: ¡: F' n I:;: c: C ¡"-1 ¡"'1 I ':~~ ':~: I U h) (:! F' F' 1';.' C) ') I::', L.. H 1....1·1' 1/..) (', '::; F,' E r'1 [: '..) E: f) " c: {~'····.I \/ (J 1....1 I r)C:L.I..JJ)L: 'TI·,·t IE:; T 'TF:1--'-! CJ~\j -r¡·..¡r: r:i[~;r:.r-·~Ir)(~ F<E:{JlJE:~::;·T F'CJr:~~ 1vit-,\( ~:.:I:i .1 .:/ (C/';? ¡VI E F r I ¡\j CJ ';' c~c: ~: ~"JI Fl" j'l'i . ,,,. :.:. \J!"1 F:E:C:!. .'/ , . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - MAY 12. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA AMENDMENT THE CONSENT AGENDA IS AMENDED TO INCLUDE: N. SERVICE AUTHORIZATION NO. 9/CH2M HILL: Approve Service Authorization No. 9 in the amount of $8,461 to the contract wi th CH2M Hill for development of a purchase specification for lime and investigation of potential lime suppliers, evaluation of lime sludge disposal alternatives, equipment required to dispose of sludge, and areas to stockpile excess sludge; with funding from Water and Sewer - Engineering Services (Account No. 441-5122-536-33.11). THE REGULAR AGENDA IS AMENDED TO INCLUDE: M. COLLECTIVE BARGAINING AGREEMENT: Consider approving the Collective Bargaining Agreement with the International Brotherhood of Firemen and Oilers (IBF&O). ~ 5-0 ,. '. . fROM: CARSON. LINN ¡ ADKINS TO: 42'7 243 3""4 MAY 8. 1992 2:3<3PM o.i2!l . - CARSON, LINN & ADKINS 1o.0l....aD .... c~..O)f UWTE.' HAIIAJI ST~TI0K JIoX.. w. '"Un' &YU-D MIo.Iülf DRIV. JANItS c. IobalKS TAU.......!:. no.uu atlooe M1C'JUE E. T~1INE. EIX.ElIIoY 1.. KINO (t04) 8'I-aoe, ROllo H. ('...SON YACSIKll.B (904) an·AOOO .1Z TRAKSKIIIIOH COVZR SKBBT To: David T. Harden. city Manaaer city ot Del~~ Beach RECeIVED Fax No.: 407/243-3774 ..r , , .. CITY MANAGER'S OFFICE From: James w. Linn Carson, Linn , Adkins 904/878-2057 Re: IBF&O -- Summary of Tentatively-Aoreed Contract ( ] Read [ ] Handle [ ] Approve [ ) Call Me [ ] FYI ( ) Pflt1'" VI"l11,. ~OIJ1',a..~ ¡, Carson, Linn , Adkins Fax No.: 904/877-1000 Transmittal Date: 05108/92 Number ot Pages: 1l (includinq cover sheet) Char<¡e No.: 0023 Tho I"fon.tlon contaIned 111 thl. fICII.H. ..lee il law." ørfvf ItHd 8nd conffdentlal Info....tfon int~ only tor the u.. of th. ,ndf.,tul Of' entltv nailed above. If the ·ro~,. of this ....... I. not the InttndMi reclDfent. \IOU art herebY nottffC!d that tInY dhl.fnation. df.trfbutfon. M CtJIN of thIs C'-"fcatfon II .trlctlv Dl'ohfbU~. If \IOU have rec:.iwd tllf. cOIIIIU'IfcatfCl'l In .rrM. Dl..~. l-..dietelv notifv u. bit t.ttt:ltlorw (If lonG dfatlnc.. Dl.aa. call collecU. 8nd r.turft th. orlaiNl ...... to us et thtt Ibov. eddre.a vI. the Y.'. 'oaul Ser . We will rel~r" YOU for DOlt.... Thank YOU. Vice. 9"" "I .. _ . FROM: CARSON, LINN & ADKINS TO: 4Ø? 243 3774 MAY 8. 1992 2:39PM ~.~2 CX~y or DBLRAY .-.CB 1"1-'3 IB~'O COLLICTIVB BARGAI.IKG AGRIIKlKT 8UKMARY or TIKTATIVBLY-AGRlID CO.TRACT (5/1/12) . 1. ..;.. (Articl. 18) -- -- 0' cost of livin; increase. -- 0'-6' merit pay (average 4'), effective 10/1/91. -- No "top-out" bonu. (but employ... will be eligible for up to a 3' merlt lncr.... a. a re.ult ot the 3' range adjustm.nt). -- 3' salary range increase. -- 35 ot 55 bargaining unit positlons will be recla..ified, with an increase of at least one pay grade, effective 5/5/92. The reclassifications are in accordance with the classification study done by Cody , Associat.s la.t year. Employees who are reclassified to a higher pay grade will receive an increase in pay to the minimum of the new grade or a 2.5' increase, whichever is greater. -- Automobile mechanic certification pay. a . All mechanics hired on or after 10/1/91 shall obtain a minimum of two Automotive Service Council (ASC) certific.tion. during the term of the contract. b. Mechanic. who obtain three ASC certifications shall receive a 5' bonu.. c. Mechanics who obtain .ix ASC certificatlons shall receive a 10' bonu.. d. Mechanics who receive ten ASC certifications shall receive a 15' bonus. . -- Employ... who are promoted into a higher classification will receive an increase to the minimum of the new classification or a 5' increa.., whichev.r i. greater. If an employ..-. wage. are increased more than lOt as a result of promotion, the employee's performance evaluation date will b. changed to the date of promotion. Plant Operator. will continue to receive a 10' increa.e when they .re promoted based on obtaining a higher rated state lic.n.e. '. ¡;'ROM: CARSON, LI NN 8. AD!< I NS TO: 4Ø? 243 3774 MAY 8 1932 2: 4ØP1 P. (3J - . a. City'. lCaDa;...Dt aiqht. (Aniol. 3) -- The union has agreed to eight new paragraphs in the management rights article (paragraphs p-w under section 1). Amon; the new management rights are the right to hire, a.sign, direct, lay oft, or recall employees' the right to determlne the size and compo. it ion of the City workforce; the right to determine the number and type. of equlpment, materials, products and supplies to be used, the right to open new facilities and transfer operations to such new tacilities, and to transfer or assign employee. to new facllities, and the right to discontinue conduct of operations in whole or in part. 3. Di.oiplinary Ozoie",anoe. (~tiol. J) -- Current contract language was maintained. Section 3 of the current contract states: "The arbitrator shall not substitute his/her judgment as to the wisdom or the de9r.e of severity of any discipllnary action imposed on any employee by the City. The arbitration inquiry shall be limited to whether the Clty possessed evidence of misconduct before imposing di.clpline ultimately imposed." 4. Siok Leave (Artiole 11) -- The current sick leave accrual, "regular ban](" and "reserve bank" have been combined lnto one, which a maximum accumulation of 140 days. Upon resignation in good standing with at least one year of service, an employ.. shall receive pay for one-halt ot hls/her accrued slck leave. An employ.. who retires from the City at age 60 with at lea.t ten years of service, or after twenty years ot .ervice regardless of age, shall receive pay for their total amount of accrued sick leave, up to a maximum of .eventy days. The annual payment for unused sick leave has been ellminatec:l (employee. who received payment for unu.ed .1c]( leave prior to 4/24/92 will keep the payment; no other employe.. will receive payment for unused sick l.ave). 5. Vaoation (Art101. 1') -- Employee. may utilize vacatlon time as earned aft.r the first year ot continuous service (previously employees had to wait until the end of the year to use any vacation accrued durin; that year). ,. 80uzo. of Work aad ovezoti.. (Article 11) -- Employees who are called back to duty atter their regular work hours will , receive pay tor a minimum of two hours at the "appllcable rate." previoualy there was 80me contuslon as to whether employee. automatically received the overtime rate when callèd back to work. Under the new language, employees will only receive the overtime rate when they work more than forty hour. in a week. 7. Ho.pitali.atioa .ayaent (Articl. at) ~- The Clty will continue to pay 100' ot the co.t tor individual employee 2 " '. FROM: CARSON, LINN & ADKINS TO: 4Ø'7 243 37'74 MAY 8, 1992 2 ' ..~, ¡,., P,B4 . . health insurance coverage. Employ... pay loot of the cost of dependent coverage. R.ferences to the "insurance carrier" in this article have been eliminated. An insurance advisory committee has been established with representatives from all three employee unions. The advisory committee will review claims experience and premium increase. before they are implemented. The committ.e may also make recommenda- tions to the City Manager concernin9 any aspect ot the City'. insurance program. 8. Comprehen.ive Druq and Aloohol &bu.. Þo110y and Prooedure. · (Articl. 35) -- At Sectlon II, a new paragraph 9 has been added providing tor blood/urlne testing whenever an employee is involved in an accident while op.rating a City vehicle, when the accident results in property damage exceeding $500 or personal injury. t. Duration, KOdifioatiora, and rrerain.tioD (article 40) -- This is a two-year contract (10/1/91-9/30/93). The contract is subject to reopener ne90tiations during 1992 on Artlcle 18 (Wages) and Article 36, Section 1 (Workers' Compensation Benefits). 2/190/hhp 3 "I ·. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS íY ' FROM: CITY MANAGER ;.: ' I', SUBJECT: AGENDA ITEM i 10 A - MEETING OF MAY 12. 1992 ORDINANCE NO. 16-92 DATE: May 8, 1992 This is a second 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 second and final reading. f~ 5-() '! ·. . . _.._-~_.- .------- ---- ----------- - _..._-- .---. ~------~~---_._-----_.- ~- ----- ---- - .~--- -- ---- -- 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 28.25 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 Commercial. Section 4. That the Planning Director of the City of De1ray 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. . 0' - ----- -- - - -- - ~- -.-. --,- --..--..--- ..__._~~--- -- -.--.-.---- - ~~. - - ------ -..-.---------- -------~ n"~ ..... - - ------ ------ _._- 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 . . . . -. , " 1- C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ID T. HARDEN, CITY MANAGER ~,;C\_'- 'xL) )2"'0([0 ~ 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 disposi tion of the Commercial properties to the south. During these discussions the owne~ 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 200t 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\ Zonin~. Northwest Corner of Atlantic Avenue & Barwick Road (FLUM from Transitional to General Commercial; Zonin~ from CG County to General Commercial GC City). ~ 0 ~ a: < en ATLANTIC . AVENUE I ~ ~ I GENERAL DATA: Owner.........................G & Z Auto Care Inc. 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 Designation..........General Commercial Current Zoning................CG/SE (Commercial General/ Special Exception - County Zoning) Proposed Zoning...............GC (General Commercial) Adjacent Zoning.........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 12" water main along Atlantic Avenue, 12" 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. 111..\. '. 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 Cityts 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 properties already in the City (Future Land Use Policy B- 3. 1) . The following is a discussion of required services and potential provision levels. 0' 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 Emerqency 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 300t 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 200t 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". 0' 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.l.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 Comprehensive 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 t ) from the property line abutting the residential zoned property. The existing gasoline dispensers, and signs appear to encroach within IS' 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 IS' landscape strip is required along Atlantic Avenue. Currently a minimal landscape strip exists (approximately 5' ) . With redevelopment or by October I, 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 with 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. 0' 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 rates (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 (Del ray 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. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER :{/) SUBJECT: AGENDA ITEM i 12 ·A. - MEETING OF MAY 12. 1992 ORDINANCE NO. 17-92 DATE: May 8, 1992 This is a first reading of an ordinance amending the Code of Ordinances to provide that the power to appropriate funds and make expenditures to carry out the purposes of the Community Redevelopment Act of 1969 is delegated to the Community Redevelopment Agency¡ providing further that the City also retains such power s ¡ and modifying the Community Redevelopment Plan in its entirety. Florida Statutes Section 163.370 lists the powers available to the CRA to carry out purposes described in the Community Redevelopment Act of 1969. The City, upon its creation of the CRA delegated all the powers set forth in Section 163.370 to the CRA excluding powers enumerated in 163.370(1)(1) and (m) . Section 163.370(1)(1) reserves zoning and building regulation powers¡ power to make agreements with housing authorities and power to appropriate such expenditures as are necessary to carry out the purposes of the Community Redevelopment Act of 1969 to the City. This ordinances seeks to provide clarification to ensure that the CRA has the ability to appropriate funds and make expenditures while also ensuring that the City retains such rights. The remaining part of the ordinance concerns the modification and adoption of the Community Redevelopment Plan. Recommend approval of Ordinance No. 17-92 on first reading. ~ /5Î~ S--ò .. . . - , '--' [ITY OF DELRAY BEA[H CITY ATTORNEY'S OFFICE 200 ,,<W IsI '\'L:\LT . DEU,AY !3E/\CI!. FLOIUDA }}~~~ FACSI~IILE ·¡(!7 27"-~7S5 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: May 5, 1992 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Ordinance # 17-92 - Modification of the CRA Plan and Clarification of CRA Powers Our office has prepared in conjunction with the attorney for the Community Redevelopment Agency, Robert Federspiel, this ordinance which seeks to clarify the powers of the CRA as contained within the Land Development Regulations of the City of Delray Beach and which modifies and adopts a Community Redevelopment Plan. Florida Statutes Section 163.370 lists the powers available to the Community Redevelopment Agency to carry out purposes prescribed by the Community Redevelopment Act of 1969. The City, upon its creation of the CRA on June 18, 1985 delegated all the powers set forth in Section 163.370 to the CRA excluding powers enumerated in 163.370(1)(1) and (m) . Section 163.370(1)(1) as contained in the ordinances creating the CRA, not only reserves zoning and building regulation powers and the power to make agreements with housing authorities to the City, but also reserves the power to the City to appropriate such funds and make such expenditures as are necessary to carry out the purposes of the Community Redevelopment Act of 1969. The CRA, however, since its inception has appropriated funds and made necessary expenditures. Upon discussion with counsel for the Community Redevelopment Agency, it is apparent that the City in the creation of the Community Redevelopment Agency did not intend to reserve the power to expend and appropriate funds solely to itself. Section 2 of this ordinance seeks to provide clarification to ensure that the CRA has the ability to appropriate funds and make expenditures while also ensuring that the City also retains such rights. 0' · citY. COta1t\iSSiOn ~aY. 5, 199'2. -page '2 the øodificatiOn e o~d,nance conce~n5 lan as con~a,ned ''\\e ~e....,~,ng tt~à.eotco:l1n' t'J \lede"elo\'~:~;~~on5 o~ conce~n5 · and ado\,~.,o.n. 0 S\\0111d yOI1 \\a"e an '" 1 ~ \\ E"\\' þ' ~ ,.. . ~a ~e ~o con~ac~ \l\e· \'~o~ \\e5' S1\F. ~ c 1- citY. ~anage~ ~ CC pa~,d ~~~~~go~ ßa~dY' ~l~la~~~g and ton,ng 1\1 SO Di~ectO~ 0 Da~id ~o~aCs, ßsq· \loÞe~~ 1ede~5\,lel. --".- - . . ORDINANCE NO. 17-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SECTION 8.1.1(D), "DELEGATION OF POWER", TO PROVIDE THAT THE POWER TO APPROPRIATE FUNDS AND MAKE EXPENDITURES TO CARRY OUT THE PURPOSES OF THE "COMMUNITY REDEVELOPMENT ACT OF 1969" IS DELEGATED TO THE COMMUNITY REDEVELOPMENT AGENCY, PROVIDING FURTHER THAT THE CITY OF DEL RAY BEACH ALSO RETAINS SUCH POWERS; AND MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA, IN ITS ENTIRETY; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6) (7); PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, (now codified in the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, as Article 8.1) did create a Community Redevelopment Agency ("CRA") as provided in Florida Statutes Section 163.356; and, WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and, WHEREAS, the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Section 8.l.l(D), "Delegation of Power" confers certain powers to the CRA; and, WHEREAS, the CRA's powers were limited in Section 8.l.l(D) of the Land Development Regulations; and, WHEREAS, the City Commission desires to amend Section 8.l.1(D) of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach to provide that the CRA has the power to appropriate such funds and make such expenditures as are necessary to carry out the purposes of the "Community Redevelopment Act of 1969" by excluding the first phrase of Florida Statutes 163.370(1)(1) from the reservation of the powers contained in the delegation of powers to the CRA; and, WHEREAS, the City, however, retains the right to exercise any of the powers delegated to the CRA, and such powers shall not be deemed to be vested exclusively in the agency¡ and, . .. . - -~~.- -_._~---------- -._-----_.._.~._._-_..._-~-----,----,.__.."- ---_._---.._._--_._._----_._.~- -_.~-- --_.---------- - --.--------,..-----."---------. ---. -------- u. _.___.___._.__~._~ -- ---.-..----------.-.-. ,---- WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986 by Resolution No. 49-86, subsequently amended and ratified on November 24, 1987 by Resolution No. 47-87, on February 14, 1989 by Resolution No. 6-89, on September 25, 1990 by Resolution No. 86-90, on April 9, 1991 by Resolution No. 28-91, and on November 26, 1992 by Resolution No. 93-91; and, WHEREAS, CRA, has heretofore adopted a Community Redevelopment Plan; and, WHEREAS, the CRA is desirous of modifying said Plan in its entirety to redefine its goals, policies, and objectives, as well as the complete redefinition of its programs and projects contemplated thereby; and, WHEREAS, the CRA of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach pursuant to this ordinance that the Community Redevelopment Plan be modified, amended, and ratified in its entirety in the form attached hereto as Exhibit "A"; and, WHEREAS, the City Commission finds that the modification conforms to the Community Redevelopment Act of 1969, as amended; and, WHEREAS, the City Commission finds that the modification is consistent with the City of Delray Beach's Comprehensive Plan; and, WHEREAS, the City Commission further finds that any conflicts between the Community Redevelopment Plan and the City of Delray Beach Comprehensive Plan shall be resolved in favor of the City of Delray Beach Comprehensive Plan; and, WHEREAS, the City Commission finds that the modifications meets the applicable requirements of Sections 163.360(6) (7), Florida Statutes; and, WHEREAS, the City Commission shall hold a public hearing on said modification to the Plan, after public notice is given in confor- mance with the requirements of Chapter 163, Part 3, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the preamble stated above is hereby incor- porated by reference herein, as findings of fact upon which this Ordinance is based. Section 2. That Chapter 8, "Specia:" Implementation Programs", Article 8. I, "the Community Redevelopment Agency", Section 8 .1.1, "Community Redevelopment Agency" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by amending subsection 8.1.1(0), "Delegation of Power", to read as follows: 2 ORD. NO. 17-92 . <0' ·. . - -- ---- -------- .-- ~----~-----~--------~--_._---------~---~-------_._------ (D) Deleqation of Power: The Commission delegates to the Community Redevelopment Agency each of the powers set forth in F.S. Section 163.370 et seq, includinq the power to appropriate such funds and make such expenditures as are necessary to carry out the purposes as of the "Community Redevelopment Act of 1969" (excluding, however, those remaininq powers enumerated in F.S. subsection 163.370(1) (1) and the powers in F.S. subsection 163.370(m». However, the City retains the right to exercise any powers delegated herein to the Community Redevelopment Agency, and such powers shall not be deemed to be vested exclusively in the agency. Section 3 . The Community Redevel.opment Plan is mod if ied in its entirety in the form and as attached hereto as Exhibit "At! and made a part hereof. Section 4. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not effect the validity of any other section, subsection, paragraph, sentence, or word or prevision or its application to other persons or circumstances and shall not effect the validity of the remainder hereof as a whole or part thereof ot:her than the part declared to be invalid. Section S. That this ordinance s:1al1 become effective on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 1992. ------ MAYOR ATTEST: City Clerk First Reading Second Reading cra-S.ord 3 ORD. NO. 17-92 , "t · MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS Á FROM: CITY MANAGER ~I./ - SUBJECT: AGENDA ITEM tt 12B - MEETING OF MAY 12. 1992 ORDINANCE NO. 18-92 DATE: May 8, 1992 This is a first reading of an ordinance amending Chapter 92 of the Code of Ordinances by repealing Section 92.01 through and including Section 92.20 and enacting new Sections 92.01 through 92.20 to provide updated regulations with regard to the operation and mooring of boats within the City. Provisions of this ordinance include a new Section 92.10, which makes it unlawful for any person or firm to moor any boat to any real or personal property which is owned or leased by the City, or which has been dedicated to the public with the exception of mooring at Knowles Park, Veterans Park, and the City's Marina¡ and, a new Section 92.15 which makes it unlawful for any person or firm to operate an excursion boat from Veterans Park without first obtaining a license from the City, and paying the required fee. This ordinance will permit boat operators to temporarily dock at Veterans Park for no more than two hours. An excursion boat licensee may only obtain six permits per year. Each permit will cost $250, and allows mooring at Veterans Park for one day, for no more than thirty minutes at anyone time and between the hours of 9 a.m. until 10 p.m. Recommend approval of Ordinance No. 18-92. p~ Isr~ 5,0 '. ." , . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Ma~ 08,92 14:27 P.02 ! CITY OF DELARY BEA[H CITY ATTORNEY'S OFFICE ~no NW IS! t\VE~U1! . DELRAY BEACH. FLORIDA 33444 (I,\CSIMILE 4U7/Z7t1"¡75S W.&~.r·_ D~..a~ L~n_ (407) 243-7090 M!MORAND~ Date: May 8, 1992 To: City Commission ~ From: David N. Tolces, Assistant City Attorne Subject: Ordinance Revislnq Chapter 92- Boats and Boatinq . This ordinance revises Chapter 92, "Boats and Boatlngtf. This ordinance will permit boat operators to temporarily dock at Veterans Park for no more than two hours. Companies or I individuals who operate excursion boats, as defined in the ! ordinance, and who wish to use Veterans Park may do so if they first apply tor a license. This license will ·allow ,an excurs~on boat company or operator to obtain a permit i authorizing the use of Veterans Park for loading and unloading I passen~. A licensee may only ·obtain six permits per year. Each p t will cost $250, and permits use of the part for one day trom 9 a.m. to 10 p.m. This ordinance should remedy some of the problems with the prior code sections. If you have any questions, please .call. DNT:sh Attachment cc: David Harden, City Manager Cheryl Leverett, Agenda Coordinator . 407 278 4755 Na.y 08.92 14:28 A/t( Oltl;)lkAHCp: NO. lq~,~ ."","""'. ., , . ........ etA"" . " c,." c....,.. f!:~l1O:'ó~~';¡'~" "~":. '~~ ;:-. ..~:::.: At... ar C" Of ".. ....,... ,.....,.. ...""',...rc,. cz.. 0'........ . Of 'Hoocr.", I> " '" ... .......,~.... ". " """"'.:....". ::.....,.. ..;,g~:::. ·Nor,.. ~. .~~....,... ,,~ ".".' ... · ". .....,.. .. .. " '/if ..,..." ".;',.0'""",.. ., ...~ "'a:.,c '""..,.::. '....."", '" "'. c . OR ..... ¡ ·"N,. ",:"g,~~., O....".;":t ~"".,.. ~ ":: ::0".. ... ,....:¿, c....,... ... .::: "'" c..". ...... '" ""'-'e ''';:'''''''., ....,.. '.." ... '" c...:::" ':f:. .:....... ~~z. ::..'" ":" ...~~~%.~.'o.. !i;:~~l,~ffji:~~?f¡j~!fffff "'".. ¡ ,....,.~~~ e......., ~...~~~~~,.. .....~: ... "rc,.,.. ..... '. .....,... C 11'y 0, '2'ltelterORt . ........ ..~, 'LÓ;r,%, '¡' ~:. ar "" Ctr. .....,..,0 '. ~ . · 0, .... ...... ..'~ .... '"'' .. .or.... ......... ", ........ I>~Ó. ........ ......". . ~ . . "'..... '" '''.:::.. C""e, " ø 91.10 ' "'." ... >..... .. '.. '.to 1 . Ot tJ¡ ere I. II. · 00, '. .... .. ..,~::::- ., ""'.~.?::.~,~ "'''''' "" · .. 1>. , .t ....... ....t, . · 0 , 2'11. C~ t Ifc . - "Utllo.r.tae.cr to r lI.geZ' 0", ..."... f, .... "... " .... ...,...... '" ......." f'..~ ~~ 'ho _". ...::.........,.. '. · "0 · '" · · ........ ._,.,... .t ".t;.r:.~ an.ll. ~ IllU''''II.l . ..... ...;,..,. "...., to ....... . boo ..... ""'.:'.;::'." ...." :: :.,:.... ·t '- '..%" ....., .... e.,. .... ..... ....... .. " .. to._ ... ......,.. ..." ... ~~ :: :'~14 .~.~ ~ .. :"'~l't ";j~ ......"', ":: '" .. ... ,.~ Oct'" ...... J.,'" ....._ '. . ". . ........, ........;. . '"'''' eOtor l~l".II:ll b. "".1....,.,.. -'" ....'" ..... '0 ....... . '" ......, ...."',. '.. c,., ;:'C!I .... ... .:~"r, 0'.. on ...... '':'e:::-;l~':''':::::, ':: :"'~'::. "'::"'" . .ht'~.:-tt,:: · ..., .r 'o. .... ..... '1)o'.r .......r..,... "'01, ~ "".. ·t 'o. ... ...,...... ." .... '. ·r 'o. .... "<; 0 . ....... e. ., ...... .. t.....". · .......,::: i,~ ......, ....to,¡ . ' .t ...... .......;; "'t'.. ".,. O¡O~(., to "..<1 '. . . . , . . . CITY AJTORNEY'S OFFICE TEL No. 407 278 4755 May 08,92 14:28 P,04 SectLQn P2.10 HOORtMG TO PU8~IC PROP£kTY. It shall be un¡.wt~l for any person or tlrm to .oo~ any boat t.o any ,"oal or person41 p~op.rty which .l.a owned Or l.a.ed by th& City, or whLch h41 &>.en dedLcate4 to the public u.. with the e.c.p~lon of .00r1ng .~ Knowle. Park, veteranl tark, anG the C1ty'. Narina 4. provided tor In thl. .ection: (1) CI,Cv "a~lna. Moorlng at. th. City Narlna 18 only þermlt~.d p~rs~ant to t.ctions '1.30. at. ..q.. of the City o~ Dalray "ach Code of OrdInance.. Excur.lon boat. _y not operate trom the Cl~y Harina. (2) ~"owl0. ~ark. An owner or operatOr ..y temporarIly ~oor a watercraft at Knowle. Park tor the purpos.. of placing a boat Into and r-.ovinq a boat tro. the Intracoa.tal Wa~.rway. EKc~rslon boa~. ..y not operate troa ~nowl.. Vark. (3) Veto,".". ~ark. Te.porary docking In d.'lg~ted area. i. permlttad at Veteran. Park tor up to two houri. tor elCeuraioll boat. which "UQ~ or d~k at Veteran. pat:k, t.lle penon or Ut'III op.raUnq the ,u<,;ur.lon boat .haU obtaIn « !lçon.e prior to doek1n9 or ~oorln9 .t Vet.rana Park In order to bOA~d pAslengera. . See~iQn 4. That lh~~. II hereby creAted. new Section 82.1' of the COde of O~d1n.nce. of the City Of DeIray 8e~CII, tlorlda, to read a. followel I Sect.l.on pa.15 pocKING LICENSe ~OR EXCURSION BOAT OPERATIONS. (A) ElCcur'~oll aoaj. Aa u.ed 1n ~hle enapt.er, t~e tera ..cur.J.on bo4lt 18 det!'neCS at . v...el op&ratir\9 II5Ion t.h. 1nland public waterway. wIthin the City. tran.poE'tlft9 on. O~ ~r. pa..enger. tor a tee, an4 which J.. controlled by . par,on or fira In the Þu.J.neu of o('-"ing wate¡-borne stghU.eln9 .n~ ent.rtdn- ..nt, . la) t.lçen~e reQIIJ.¡·.d: EnfOrce_nt.. It .hall Þa unlawful for &nv person Or f ra to oper.t.e an e.our.J.on boat (r~ V.teraha P.rk wJ.thout. licat OÞta.tninQ a !le.n.. trOll the City, .nd pay1ft9 tJttt requ1red f.. for the right to moor to the dock. a. authorized under t.!ke Hcen... ---..... (C) An applicat.ion tor A .hort ten! excurSion boat. He.na. .hall b. IUd. to the 01r.ecto:o of Part. and ReC'reation, and MUlt Includ. the fOllowlni lnfor..tion: (1) Tho n_e, to"..l.n... addro.., and telephone nuabtlr of the perlon 0:0 f~rm operatJ.nq t.he a.cur.J.on boat Þu.Ln.... ff · corporation o~ partnerahip inclu~e the n.... of all director., ottlceco Qr partn~r.. wher. appliC'aÞl.. (2) A descr.l.pt.l.on of .ach ve..el propo..cs to Þe utLll.ad .1 an eXCurlion ~o.t, lnClu~ln9 a copy of the Plorlda V....l ReqIlt:oatlon and United State. Coa.t CUard CertlfLcate of In,,.o1:1o". (~) A lllt of 011 pilot. who will operate the ..cur.lon bo.t, including thdr nbe., .ddr...... e.ployaent hL.torý ov.r the palt five y.n., and a copy of th. UnLted Stat-.. Co.at Guard 11een.. for the c141' ot ve.ael each pUot "'111 oporate. ~ OAD. NO. 11-.2 I . '1 CITY ATTORNEY'S OFFIC~ TEL No. 407 278 4755 May 08.92 14:29 P,05 (4) Whore the e~=ur.1Dn boat will b. locateØ when no~ ln use. (5) A cert!t lç.~. of inlurance . I\O'A 1 ng the CHy .. en additional named In'ured. on a polLey or poliei.. in.uring eech vel.el and the bUI1n... torI (a) Hul~ and ..chLn.~y r.p~ac.ment, (b) Third party and pa..enger liability ·$1,000,000 tor .ach boat, (el ~hird p.r~y prQp.r~y damage . .~O,OOO per OCCurrenc., and (4) if the bUline.. ha. 3 or aor. .aploy.e., evidence of workers' cOtllpenllltlon In.urence, including Jon.. Aet Coveraqe, 1. required. All In.uranee polle!e. a".t be kept Ln full torC' and .ff.c:t at all U... the excur.Lon boat operations take Place. (6) A copy of the c,,;c;upaUonal 11.cena. iuued by the City it th. ptlnclpd place C)f budn... 11 Lft the eocporate It_Lt. of the City. (') A ca.hler. check ~d. payable to the Clty of Þ.lray .eac~ in the a~unC of $100.00 \ . (C) The Oinctor of Park. end RecnatJ.on or h18 de.Lgft.. .hall review all lLcens. application.. Th. 9L~ector of Park. and A.c~eaUon .hell intona the CLty Hana9U ori a ~.cOCllll8ncS«t1on of app~ova1 or ~aj.ct1on on· the MdU of tha appUcaUon. The app~oval or re,.ctlon of the applicatlon fo~ . llcen.., .hall be ba..d on the applicant" d~lK)n.trat1on that 1 t ha. the propttr equlp.ent and per.onn.l to operate a .afa and hlVh qgalLty excur- .10n bo.t ope~atLon. No application from the .aae per.oft o~ fira who.. application he. been rejected .hall Þe reconddUed by the Director: of 'at'ka and Itecreation or htl da.1vne. within .1x (6) .cnth. fro. the date ot .ueh ~ej.ct!on. (D) Upon approval of ~h. lLc.n.e appllcetion by the 01~ector of 'arka and Recre.tion, tha person or fin! .hell entel' intoo . .hort tel:* lLcen.. avre...nt w1th the City. After execution of the _. 11e.ns. '9~....nt. the penon or lira NY oÞte1n . per:a1t to ope~.t. the excursion boat. Th. fe. fo~ .ach pecmlt 1. $250.00 and euthorLae. the op.ratlon of the .xOur.Lon boat t~o. veteren. 'ark for a pe~1od o~. (1) day during the hour, of. , a._ to 10 p... (I I Jlo p.raon. O~ fira entednc¡ Lnto e ,hort tan lic.n.e .gr....nt ahall rec.ive more then .lx (6) p.~t. per yeer. The ye.r 'h.ll begLn on the date on whLCh the per. on or fira obtain. Lta flnt perllit. Each ~ra1t ."ell Þ8 dhpleyed on the ve".l .10n; sLd. the .tet. coma.rcLal r8vL.tratLon .ticker, (r) T~e ~úniclpal dgcks .~ V.~er.n. park ..y Þe u.ad by the excur.lon Þoat which 114. obtained a pe~Lt fro. ~he City. At the ti.. the excur.ion boat 1. 10adlng or Gl'~rkln9 pa...nger., the captdn of the boat .haU r...ln w1th1n flv. feet of the v....l. An 8Jt;cur.lon boat s!\all not lIIoor to the dC)Çk. for lonller than thLrty (30) Con.eeutlve ~nut... (01 Revocation of aUlDen.lon of . Llcen.,. (1) A Itcense May be ~evoked o~ .u.pende<i for any of the fOllowLn9 cau'.'1 (a) 'aUII&'8 ~o COtAply w1tl\ aU .tate and federal le~' and regulation' concerning the v....l. of the type utilL&ed by the llcen.... 3 ORb. NO. 18-t¡ u .....--. ATTORNEY'S OFFICE TEL No. 407 278 4755 t"la':j 08~92 14:29 P.06 CITY . (b) K..lt.~pl.. 1".to4ne.. o[ c.r.l.... operation of <I v....l 1n violation of .tate or local l'~I. (e) F.i1\A¡:~ t.o _./.nte1n all reqvtrea poHci.. of 1n'urance 1n full torce and .ttect. (4) ConviçtLon by tne lic.n.... if a pe~OA, or by any dlnctor. oUli:u Ot' putner of the !teeMee. U <I corporation or . partnnahlp. of a felony violation 1n th11 .tat. or violation of the lawl of any other Itat. which would con.tltute a talony viol«tLon 1n th1. .tate. (el 'ubøi.../.on of false or Lnco.plete docQ..ntation or lnformat1on required by tht. .actton. (HI No e~e\lnLon beaU .hall ruel ..,hUe Morea lit the CSoclta¡ all fu.lln~ 'hall ba carried out at a ..r1n. a.rvlce locat1on. (%1 NO ..cunLcm bo.t .hall at any U.. MVe ln \I.e 10ueS- lpeakers or any device to amplify lound. with the exc.ption of an lnternd 1nterc:0III .y.t.., the .ound1ng of horn. for Mv1g&Uonal pu~po.." p....ng.r pick-up .nd dlscharge for ..rety ~.l.t.d purpo.... or in the c... ot an ...~.ncy. No eXCU~II0" boat A"all at any t1111e, eltcept for ..tety related pllrpo..., Ulwl!nat. by .potl1;ht or any other ....n. any of the .ight. or placel of intere.ted located along Lt. rout. ot operatton. includIng, but not 11.1ted to, residentlal dwelling., bu. In..... o~ 90vernaent bu1ldlng.. í (.1) A lice"a. O~ permit MAr no~ be a..lgned. (~) !nto~eement. ThL. çhapter ,.hall be enforced by the D1rector ol 'ark. anö RecreatLon and h1. d.. 19ne.., by the Police Depart...nt ot t.he City of Delrey hach. and the City of belray leach Code Enforcement Otflcer.. Section U. ~. Lona TerN ~Lc.n... A ¡oni ~.re lLe.naa .gr....nt, which would grant the 11cen.ee the rlght to operate ita ..cursion boat frOll Veterana Park .ore than .1x t.Æ..' per ye.r. ~. Þe grant.ed by the City Conal"ioR. S.c~ion ~. There t.h.re 11 h.reby created new Section. '2.1' and 92.20 of th'.~ Of Ordinance. of tn. City ot DeItay S"CI\. Florida, to re.d e. ow.: SItCUOJl U. 11 AIICHQItING 1M IttS'1'RICTEtI ARE"t. (AI 'O~ ~h. p~rpo.. of eh!. I.et.ion, "re.tricted are." ahel1 ..an any canal. harbor or inlet openlnq dLrectly intO t.he Intra· coa.tal Waterway. b~t not lncludlni the ~in en-nnel of tho rlor1da Intracoa.tal w.t.rway. (8) It ahall be ~nlaW(~l tor any ÞOata whiCh ere permanently or temporarily occup1ed by a per,on. or which . peraon I. u.Ln9 a. a r"ICSanç., to be anchOred 1n the r..tdct.d area in the pubUc waterway. wlth!n the City. a. d..c~lÞed 1n Section (A) abOve, fOr .ore than . total ot 24 hourI In any on. w.ek perlocs. S.ct;10fl '2.20 PlUVAfl: DOC"'. Hoth!n, con~lned In ~n1' en.pter Iftall be conatrll.d .. prohiblt!n9 the anchorLnt or ~rlng of boat. a4jaçeRt. to private dockl. whether or not located 1ft the reltdct.e.s ana. 'l'h1a .xCleptLon .hlll only be applicable AI to beaU whJ.ch u'e beLnq InChored or ~r.d adjacent to a prLvate dock w1th thl peralaalon of tho owner of tl\e private dock. .. ORD. II(. 11-12 -... . . CITY ATTORNEY'S OFFICE TEL I~o . 407 278 4755 t'''la~1 OS, '02 14: 3CI ~). p7 þ i Section 6. That all ord1nance. or parts of ordinancel which are in conflict herewith are heeeby repetled. SectLon 7. That .houid Any s.ction o~ provhion ot thlll onlLnance or an\, portion thereof, any par.9rapl'l, .entenç., or word be declared by a çourt ot competent 'urlsdictlon to b. inv.lid, luch decl- &ion .hall not affect the validity ot the remalnder hereof a. . whole Or part thereof other than the pert declared to bo Lnvalid. s.cuon .. That this orelinance ehan !:IecolIe eUect1v. ten (10) day. etter its pt...;. on second and tlnal r..41ng. PASSED ,\t4C "COPTED in regular ....10n on '.Cond end Unal f84din9 on this the _____ day of , U9Z. MAYOR "'M't8T; Clty Clulc rirat. 1l....c11ni Second Readln¡ / -" - -- I ORCI. "0. 11-12 ....--. ".., I I ; \ ... .