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11-24-92 Regular " . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 24. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.~, 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 V'i and official action. City Commission meetings are business meetings t, ~ and as such, the Commission retains the right to limit discussion on .1 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 discretio~. A. Public Hearings: Any citizen is entitled to speak on items under th~s 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 address the Commission is granted by majority vote of the Commission members present. " City Commission Regular Meeting 11/24/92 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. I-JolE., ADDEnDLUr\ 5. Approval of Minutes: None. 6. Proclamations: None. 7. Presentations: None. 8. Consent Agenda: City Manager recommends approval. h. CHANGES TO DECADE OF EXCELLENCE ICBD ALLEYWAY IMPROVEMENT PROGRAM: Delete the alley in Block 60, located immediately east of the Tennis Center/Stadium complex, from the list of alleys to be improved under the CBD Alleyway Improvement program. J B. RESOLUTION NO. 129-92: A resolution vacating and abandoning an east/west 16 foot alley located adjacent to Lots 13-16, Block 52; an east/west 16 foot alley located adjacent to Lots 13-16, Block 44; and a north/south 16 foot alley located adjacent to Lots 1-6, Block 44, in conjunction with the Tennis Center/Stadium project. ~C. RESOLUTION NO. 131-92: A resolution amending Resolution No. 108-92 to correct Exhibit A of the budget resolution. /D. RESOLUTION NO. 127-92: A resolution assessing costs for abatement action necessary to remove nuisances from 36 properties located within the City. -2- '. " City Commission Regular Meeting 11/24/92 E. AWARD OF BIDS AND CONTRACTS: 1. Janitorial Services - Coastal Building Maintenance (responsive low bidder) in the amount of $43,650 and Stoner's He lping Hands, I nc . in the amount of $1,849 with funding from City Hall Facility Maintenance (Account No. 001-3431-519-34.10/$23,812.50)j Environmental Services Administration (Account No. 441-5111-536-34.10/$5.496.30)j Streets Department (Account No. 001-3113-541-34.10/$677.62)j Traffic Operations (Account No. 001-3141-541-34.10/$677.62)j Fleet Maintenance (Account No. 501-3311-591-34.10/$677.63); City Attorney (Account No. 001-1611-514-34.10/$3,033.33); Water Treatment Plant (Account No. 441-5122-536-34.10) and Fire Station (Account No. 001-2311-522-34.10/$1,541.27). 2. Lot Cleaning and Mowing - Code Enforcement - RC's Mowing Unlimited (primary) and Mac's Excavating, Inc. (secondary) in the approximate annual amount of $60,000 with funding from Lot Mowing and Clearing (Account No. 001-2741-524-34.30) . 3. Anti-Rust Chemical Maintenance In City Irrigation Systems - Parks and Recreation - Rust Off, Inc. in the amount of $1.99 per gallonj with funding from Beautification Trust Fund - Other Repair and Maintenance Costs (Account No. 119-4144-572-46.90) and Cemetery - Other Contractual Services (Account No. 001-4511-539-34.90). k)O~ ADDenDum - ~ F q., G 9. Regular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period November 16, 1992 through November 20, 1992. fO &~~\\ B. DEDICATION OF RIGHT-OF-WAY: Consider dedicating a portion of ',,~~\~\ the N.E. 1st Street right-of-way in order to accommodate parking ~~ adjacent to Veteran's Park. C. RESOLUTION NO. 130-92: vacating and abandoning a 80 foot by 125 foot portion of the Via Verona right-of-way. Planning and Zoning Board recommends denial. I D. CHANGE ORDER NO. 2 ITUTTLE' S DUIGN BUILD. INC: Approve a change order in the amount of $5/'54.80 to delete two trees; install additional plant material along the guardrails on either side of a canal and pump enclosures; and to replace a dead Royal Palm in conjunction with the Congress Avenue Landscape project; with funding from 1987 Utility Tax - Congress and Lake Ida to Atlantic Avenue (Account No. 333-4141-572-61.32). City Manager recommends approval. -3- '. " City Commission Regular Meeting 11/24/92 @ CHANGE ORDER NO. 3/JACK HARDY. INC. : Approve a change order the amount of $90,197 to replace a deteriorated water main, install irrigation sleeves, stop signs, paver blocks and associated grading/traffic maintenance in Block 109; and, to construct additional clearing, grading, concrete curb, asphalt paving, sewer lateral, PVC conduit and paver blocks in Block 92 in conjunction with the CBD Alleyway Improvement project; with funding from Water and Sewer Renewal and Replacement Water Distribution Improvements (Account No. 442-5178-536-61.78) and Decade of Excellence Bond Issue - CBD Alley Reconstruction Phase II (Account No. 225-3162-541-61.43). City Manager recommends approval. &. CHANGE ORDER NO. 2/0LYMPIC INDUSTRIES. INC.: Approve a change order in the amount of $68,694 to remove ana replace an existing fuel tank and for site work which includes paving, grading and landscaping at Fire Station No. 3; with funding from Decade of Excellence Bond Issue - Renovate Fire Station No. 3 (Account No. 225-2311-522-61.59). City Manager recommends approval. ~ OFFER OF SETTLEMENT: Consider a settlement offer in the odge vs. City of Delray Beach litigation. ~ A~M~I~~ME~~ OF COM~ISSION M~MB~RS TO VARIOUS ADVISORY BOARDS D C I EE' Appo~nt Comm~ss~on members to serve as the liaison member to various advisory boards and committees formerly served by Commissioner Andrews. 10. Public Hearings: -6. QRDI NANCE NO. 63 - 92 , An ordinanc e adopting Comprehens i ve lan Amendment 92-2 pursuant to the provisions of the "Local Government Comprehensive Planning and Land Development Regulations Act", Florida Statutes Sections 163.3161 through 163.3243, inclusive. Planning and Zoning Board recommends approval. If passed second public hearing scheduled for December 1st. - -- ~~ents and Inquiries on Non-Agenda Iteas 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. 64-92: An ordinance amending the Waterford/Delint SAD in conjunction with the Builder's Square proposal. Planning and Zoning Board recommends denial. If passed public hearing December 1st. -4- , City Commission Regular Meeting 11/24/92 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager -5- '. 'H . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 24. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM - THE CONSENT AGENDA IS AMENDED TO INCLUDE: F. APPROVAL OF AWARD TO EMERGENCY CONTRACTOR/JOHNSON-DAVIS. ~ Approve the award to Johnson-Davis/ Inc. in the amount of $18/885 for the emergency repair of a manhole at 803 Meadowlark Lane in the Country Manor subdivision; with funding from Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). G. APPROVAL OF AWARD TO EMERGENCY CONTRACTOR/OCEAN BAY CONSTRUCTION. INC. : Approve the award to Ocean Bay Construction/ Inc. in the amount of $22/450 to replace a manhole at 727 Pine Lake Drive in the Hamlet subdivision and in the amount of $15,980 to replace 40 linear feet of collap~ed gravity sewer line at Curlew Road in the Tropic Isles subdivision; with funding from Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). " " " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM i 15~ - MEETING OF NOVEMBER 24. 1992 DECADE OF EXCELLENCE ALLEYWAY IMPROVEMENT PROGRAM DATE: November 20, 1992 This item is before you to delete the alley in Block 60, located immediately east of the Tennis Center/Stadium complex, from the list of alleys to be improved under the CBD Alleyway Improvement program. Staff is recommending that this alley be deleted due to conflicts with a planned Community Redevelopment Agency project (Damiano'S at Tarrimore) . The Planning and Zoning Board at their November 16th meeting recommended approval of deleting this alleyway. Recommend deletion of the alleyway in Block 60 from the Decade of Excellence CBD Alleyway Improvement program. . , ( 1\ t'7"\ C I T Y COM MIS S ION DOC U MEN TAT ION TO: QVID T. HARDEN, CITY MANAGER 'V 6-0dJ ~C)~ FROM: 'DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 24, 1992 CHANGES TO DECADE OF EXCELLENCE, CBD ALLEYWAY IMPROVEMENT PROGRAM ** CONSENT ITEM ** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of DELETING Block 60 from the Decade of Excellence CBD Alleyway Improvement Program. Block 60 is immediately east of our Community Center/Tennis Complex. BACKGROUND: The identification and prioritization of alleyways to be included in the CBD Alleyway Improvement Program was established through a citizen task team, public review by the Planning and Zoning Board, and adoption by the City Commission. Accordingly, substantial modifications (e.g. deletion of a block) also require Planning and zoning Board review and City Commission action. This item is rather straight-forward. The project is being deleted because of conflict with a planned project of the CRA. The attached Planning and Zoning Board staff report provides a complete description and discussion of the matter. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of November 16th and, unanimously, recommended deletion. RECOMMENDED ACTION: By motion, delete Block #60 from the Decade of Excellence, CBD Alleyway Improvement Program. Attachment: * P&Z Staff Report & Documentation of November 16, 1992 , . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: NOVEMBER 16, 1992 AGENDA ITEM: V.B. Change to Decade ot Excellence, CaD Alleyway Improvement Program ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the CBD Alleyway Improvement Program. BACKGROUND: Previously, the Board had reviewed the program and priority for alleyway improvements which are to be undertaken under the Decade of Excellence Program. The first phase of the program is nearly complete and design is now underway for the second, and final, phase. The alleyways in Block 60, the Block between the City Community Center and Old School Square, is targeted for improvement in the second phase. In review of CRA projects, there is a conflict between the proposed alleyway improvements and the CRA Project 12.15, Block 160 Redevelopment. Attached is an exhibit which shows the potential redevelopment pursuant to the CRA Plan. Attached is a letter from the City Manager to the CRA Director in which this matter is addressed. ANALYSIS: The CRA Plan, through proposed Amendment 11, targets implementation of the Block 160 Redevelopment in FY 92/93 (current fiscal year). The City Manager notes, in his letter, that by deleting the alleyway improvement, the allocated funds will be reprogrammed to other eligible projects and will not be available for alleyway improvements at a later date. Given the above commitment and understanding, it appears appropriate to formally amend the previously approved alleyway improvement program. RECOMMENDED ACTION: By motion, recommend to the City Commission that Block 160 be deleted from the Decade of Excellence, CBD Alleyway Improvement Program. Attachments: * CRA Plan Exhibit for Block 160 Redevelopment * City Manager's er of October 19, 1992 Report prepared by: Reviewed by DJK on: T:PZALLEY.DOC V, 6. , " 9 i ... \) (')(')(') :r: 5!5!5! )> ~~f en ill m en ...... , ~ \ fh f"' go. b:- "tI-.. ~"'J-> os' ~ Ii ~ L ___ -- ;{ !" i: "' c: g: en i ~ JJ JJ :5: 0 r--- JJ , -----. -...-1 I~'-.r--------- :: m " i" I: . t, 'I I I I JJ !: I:: I I I, I I : I mOJ , " I I " I I I Or . I mo ~ <0 i m^ r(J) 00 ....\) -0 .... \) ;""'(')(')(')('):r: - :5: ~~~~ I 5!~5!5!~5!)> -- -- - m ml&; (I(Nf{1 Z '<<. m t f '" -I ,Ej;j;: I\) ~i~~ i ':I::I:)> ~~._ -0 :I: Ii'!, ~fri ::0 fHi f..,;l' o :I:H... ~i~i .- l!u:.. 5'( I Ii' Ii'" ~ Ii'~~~ f Ii m ~!!..."' ~;{ ~ HI I I og -: !f" s, ..~ ,s ~ar ar b 3 3 c 01. ..;! :0 l!. ~ O!!. IDO -"0 ~3 ID g'a ~i ~ , 'H; . - ......J ..r ,.rll "',.". n"""'J k., I t. t- (. i ~ I, ! . l , , ! ; , . ' .. I. 100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 .. F ~ "" "'" ..,.., ..,-=]) 1 October 19, 1992 :' ',': ;:: -. ~. .~~~,'L . .- - - -"~~9J) - ~ II - .-.. . - ; = :., ".' '\, \ - Christopher Brown, Director Community Redevelopment Agency 207 East Atlantic Avenue Delray Beach, FL 33444 Re: Chanqes to CBD Alleyway Proqram Dear Chris: This letter is a follow-up to my inquiry of October 5th and our subsequent meeting on October 15th. My October 5th letter identified two blocks in which the CBD Alleyway Program may need to be altered to accommodate CRA Projects. These were: * Block 77 - Mixed Use/Cinema Project * Block 60 - Tarrimore Redevelopment Project Per our discussions, we will proceed to complete the design and construction of the alleyway in Block 77. Our Engineering Department will coordinate further with you regarding impacts upon the existing municipal parking lot and any associated upgrading which may occur to it in conjunction with the alleyway improvement. . We will not proceed with design work in Block 60. Our deferral of this block is based upon the CRA Project for redevelopment of its northern portion and plans for a parking area. As you are aware, deletion of the alleyways in Block 60 will mean that funding allocated through the Decade of Excellence Bond will be reprogrammed to other eligible projects and will not be available for alleyway improvements at a later date. Also, for your information there is a collector sewer main which lays within the north/south alleyway. This sewer main is of significance and cannot be easily relocated. Thus, any structures or significant landscaping will need to work around the main and its easement. TH::: E;:cnp.T ALWAYS MATTERS . - . To: Christopher Brown Re: Changes to CBD Alleyway Program Page 2 - As noted in my earlier letter, the CBD Alleyway Program has been specifically approved by the City Commission based upon review and recommendation by the Planning and Zoning Board; thus, any substantial changes must be processed accordingly. By copy of this letter, I am directing the Director of Planning to place this item before the Planning and Zoning Board at its meeting of November 16th with subsequent action by the City Commission on November 24th. Sincerely, / .....-- ' . , -........; .. i.. ... ./-.-..____-......... /.-' ""-. -: ' I David T. Harden City Manager DTH/dlm c: Ralph Hayden, City Engineer David Kovacs, Dir. of Planning DJK/CRA15.DOC '. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM tt ~8 - MEETING OF NOVEMBER 24. 1992 RESOLUTION NO. 129-92 DATE: November 20, 1992 This is a resolution vacating and abandoning an east/west 16 foot alley located adjacent to Lots 13-16, Block 52; an east/west 16 foot alley located adjacent to Lots 13-16, Block 44; and a north/south 16 foot alley located adjacent to Lots 1-6, Block 44, in conjunction with the Tennis Center/Stadium project. These alleys are contained within the tennis center development area and are no longer necessary. The Planning and Zoning Board at their November 16th meeting recommended approval, subject to conditions. Those conditions involve providing a 10 foot replacement easement for Florida Power and Light at the time of the repla t of City's holdings and waiving the replat requirements at this time with a' commitment that a boundary plat of the City's holdings be completed after construction of the Tennis Center/Stadium project. Recommend approval of Resolution No. 129-92, pursuant to the recommendations of the Planning and Zoning Board. '. " - --..... - , - ----- .-----.---. .. -~- ... - ---_.._-~.._--- - -------- --- . .._~.~--. RESOLUTION NO. 129-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING 16 FOOT ALLEY RIGHTS-OF-WAY LOCATED WITHIN BLOCKS 44 AND 52, TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, is the owner of the 16 foot alley rights-of-way located within Blocks 44 arid 52, Town of Linton (now Delray Beach) , according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the purpose of alley rights-of-way and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said alley rights-of-way as these alleys are contained within the tennis center development area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.102(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: All of the 16 ft. alleyway lying adjacent to Lots 13 through 16, inclusive, Block 52; together with all of the 16 ft. alleyways lying within Block 44; all as shown on the Plat of the Town of Linton (now Delray Beach), as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. Containing 0.376 acres, more or less. Section 2. That this resolution shall not become effective and shall not be recorded until such time that a replacement easement is provided for the existing Florida Power & Light fac'ilities located in the east/west alley within Block 52. PASSED AND ADOPTED in regular session on this the 24th day of November, 1992. ~~ ATTEST: (j I{NmY[i1/' )11 n II()~ Cit Clerk " I-- - I-- - ~ ~ ~ I--- ~ I~ - ~ ~ I-- - - iC I-- ~ - I-- lli3 ~ I-- ~ - I rr ~ I-- ~.... 2ND ST. N.L ZJCD "'- ...W. P- I-- I-- f-- ~ f-- I e ! I Iii I-- .. w I-- i-- ::J i-- lit I-- f-- ... - > S II-- - oC I-- - -,..- I-- L ~ I-- -.... I .... 1ST IT. H.W. tST ST. N.L lIT - ..- - -.J ~ z ~ - I - ~JlDCK .u BLOCK f- === 52 ~ - ~ I \ lit ~ ~ ~ Ii . 0 ~ Ii ... .- lit DillIl []]]llIJ]J] OTIJ : ;:: ATLANTIC AYENUE ... [ll]] [ll]] ITIIIIUIIIllJ - " "II ;:. Fi ..... f:: ~ ~ ..... I:: ~ ~ 1= ~ I~ I--- 1= Ie ~ J.- ~ 1ST ST. S.L tST ST. ~ I ~ /Ill "" [[[JJ ~ t--- ! ! S ~ . .. :I wi -i! I I rnm ABANDONMENT OF' ALLEYWAYS II I lYING WITHIN 2HD ST. BLOCKS .u . 52 I .--- . " RESOLUTION NO. 129-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING 16 FOOT ALLEY RIGHTS-OF-WAY LOCATED WITHIN BLOCKS 44 AND 52, TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, is the owner of the 16 foot alley rights-of-way located within Blocks 44 and 52, Town of Linton (now Delray Beach), according to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the purpose of alley rights-of-way and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said alley rights-of-way as these alleys are contained within the tennis center development area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.102(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: All of the 16 ft. alleyway lying adjacent to Lots 13 through 16, inclusive, Block 52; together with all of the 16 ft. alleyways lying within Block 44; all as shown on the Plat of the Town of Linton (now Delray Beach), as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. Containing 0.376 acres, more or less. Section 2. That this resolution shall not become effective and shall not be recorded until such time that a replacement easement i.s provided for the existing Florida Power & Light facilities located i.n the east/west alley within Block 52. PASSED AND ADOPTED in regular session on this the 24th day of November, 1992. MAY 0 R ATTEST: City Clerk . " "f\ L'I , :'..'-'A 1 , )"'/ C I T Y COM MIS S ION DOC U MEN TAT ION TO: HARDEN, CITY MANAGER THRU: ZONING FROM: II SUBJECT: MEETING OF NOVEMBER 24, 1992 ABANDONMENT OF ALLEY RIGHTS-OF-WAY **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of two (2) east/west 16' alleys and one (1) north/south 16' alley. The subject alley rights-of-way are located within Blocks 44 and 52, Town of Delray. BACKGROUND: On September 2, 1992 the Site Plan Review and Appearance Board approved the site plan, landscape plan, and elevations for the Delray Beach Municipal Tennis Center. On September 8, 1992 the City Commission approved the conditional use for the Tennis Center, subject to conditions. Identified within the review process of the tennis center is the need to abandon three (3) public alleys. As these alleys are contained within the tennis center development area and are no longer necessary, it is appropriate for them to be abandoned. For further background please see the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of November 16, 1992 and recommended approval, subject to the conditions as contained in the attached staff report. " City Commission Documentation Abandonment of Alleys within Blocks 44 and 52 Page 2 RECOMMENDED ACTION: By motion, approve the abandonment of the east/west alley within Block 52, the east/west alley within Block 44, and the north/south alley within Block 44 Town of Delray through the enactment of Resolution / ;''1- 9 2 , subject to the following conditions: * That a 10' wide replacement easement be provided for the existing FPL facilities located in the east/west alley within Block 52 at the time of the replat for the City holdings. * That the replat requirement be waived at this time with a commitment that a replat (boundary plat) of the City holdings will be completed after construction of the Tennis Center. Attachment: * P&Z Staff Report T:BK4452CC.DOC '. . ~LANNING & ZONING BOARD ~ITY OF DELRA Y BEACH --- STAFF REPORT --- IEETING DATE: NOVEMBER 16, 1992 GENOA ITEM: IV. B. TEM: ABANDONMENT OF ALLEYWAY LYING WITH CITY BLOCK 44 AND 52, ASSOCIATED WITH THE TENNIS CENTER J 1 I Ie J I: iTr,::: ... I-- CIIT 1IIlIl. J...-- ... ~ . ~... I : '-- ... '-- - ~ - ~ . J II I t::: TT · --.n I lJPIIII I I r CDllII _ .."- II. I 11 I I oJ .& ~~ _ ~ t::::::::: ....._ ~ ~-S It ~: ~ - i-- T. 1II1llm' ~ m JId II!t.... T ,,~.':. 1111 TIj II Tl . fIi9lJ r I ""111:= = I I I I II II [I]]]] WJ~ In []] ~ ~~ ==.. I ~ GENERAL DATA: OWner.........................City of Delray Beach Agent.........................David C. Harden City Manager Location......................On the north side of W. Atlantic Avenue between NW 1st Avenue and NW 3rd Avenue. Property Size.................O.376 Acres City Land Use Plan............Redevelopment Area .1 and Community Facilities. City Zoning. .#................ .CF (Community Fac;ilities) Existing Land Use....". . . . . . . . . Vacant I under construction. Proposed Land Use.............A portion of the Delray Beach Tennis Center. Request.......................Abandonment of three 161 alleys in blocks 44 and 52. IV.B. . I T E M B E FOR E THE BOA R D : The item before the Board is the review and recommendation of the abandonment of two (2) east/west 16' alleys and one (1) north/south 16" alley. The subject alleys are located with Blocks 44 and 52, Town of Delray. BACKGROUND: These three (3) alley rights-of-way were initially identified for abandonment with the major modification and replat of the Delray Municipal Complex in January, 1989. However, due to difficulties with obtaining adjacent property owners affidavits, the process was not consummated. On September 2, 1992 the Site Plan Review and Appearance Board approved the site plan, landscape plan, and elevations for the Delray Beach Municipal Tennis Center. On September 8, 1992 the City Commission approved the conditi.Jnal use for the tennis center, subject to conditions. Identified within the review process of the tennis center is the need to abandon the same alleys identified in 1989. As these alleys are contained within the tennis center development area and are no longer necessary, it is appropriate for them to be abandoned. PROJECT DES C RIP T ION : The alleys that are to be abandoned are 1) the 16' alley adjacent to Lots 13-16 Block 52, 2) the 16' alley adjacent to Lots 13-16 Block 44, and 3) the 16' alley adjacent to Lots 1-6 Block 44, all within the Town of Delray subdivision. To the north and south of the two (2) east/west alleys adjacent to Lots 13-16 Blocks 44 and 52 there exists the Delray Community Center, Fire Station '1, and vacant land to be used in conjunction with the Tennis Center. To the east and west of the north/south alley within Block 44 there exists vacant land to be used with the Tennis Center and six (6) lots that are to be included within the Tennis Center. Within the alley rights-of-way to be abandoned there are minimal facilities (FPL lines) and no structures. ABANDONMENT A N A L Y S IS: According to the survey submitted and responses received from utility providers and City staff, there are Florida Power and Light, Florida Public Utilities (gas), Leadership Cable and sanitary sewer facilities within the alley rights-of-way to be abandoned. . P & Z Board Staff Report Tennis Complex Alley Abandonments Page 2 FPL facilities are within both east/west alleys in Blocks 44 and 52, sanitary sewer facilities are within the east/west alley within Block 52, and gas facilities are within the north/south alley within Block 44. Now that the single family residences within Block 44 have been acquired, the FPL and gas facilities wi thin Block 44 are not needed and therefore no replacement easements will be required. The sanitary sewer facilities within the alley in Block 52 have been moved into the Northwest 1st Avenue right-of-way, eliminating the need for any replacement easement. However, as the FPL facilities in the alley within Block 52 will continue to be used, a replacement easement will be needed for these lines. Also, pursuant to Code Section 2.4.6(0)(3)(e), the abandonment of rights-of-way shall be consummated through the filing of a replat of the property to be abandoned and the receiving property. As a replat of the Delray Municipal holdings will take place once the tennis center is completed, it is appropriate to waive this code section. R E QUI RED FIN 0 I N G S : Before any right-of-way abandonment can be approved the following findings must be made: A) That there il not, nor will there be, a need for the use of the right-of-way for any public purpose. As the alley rights-of-way are being developed with the Tennis Center and the remaining FPL facilities will be accommodated with a replacement easement, there will not be any public need for the use of these rights-of-way. B) That the abandonment doel not, nor will not, prevent access to a lot of record. The abandonment of these alley rights-of-way will not prevent access to any lot of record. All existing lots of record have frontage on a street. Also, all the lots are under single ownership (the City) and will be replatted as a single parcel in the future. C) That the abandonment will not result in detriment for the provilion of access and/or of utility services to adjacent properties or the general area. As the remaining FPL facilities will have a replacement easement, there will not be any detriment for the provision of utility services. The provision of access is not an issue due to the fact that under the proposed development configuration, none of the lots will require access from the alley. . . P , Z Board Staff Report Tennis Complex Alley Abandonments Page 3 A S' S E S MEN T : While all of these alley rights-of-way were identified for abandonment in 1989, the process was not completed. With the development of the Delray Municipal Tennis Complex the need to abandon the alleys resurfaced. As the area encompassed by the alleys will be used in conjunction with the Tennis Center and most of the facilities will be eliminated, these alleys are no longer required and it is in the best interest of the City to have them abandoned. A replacement easement must be obtained for the FPL lines remaining within Block 52. R E COM MEN D A T ION : By motion, forward a recommendation of approval for the abandonment to the east/west alley within Block 52, the east/west alley within Block 44, and the north/south alley within Block 44, subject to the following condition: * That a 10' wide replacement easement be provided for the existing FPL facilities located in the east/west alley within Block 52. * That the replat requirement be waived at this time with a commitment that a replat (boundary plat) of the City holdings will be completed after construction of the Tennis Center. Attachments * Location Map T:TENALLY.DOC '. . ' ~ & r tiE ...w. 2ICD M.L e I I L ,; lI! I IT. .J J IlLOCK oM BLOCK 52 I \ a . 0 ... a ~ ATLANTIC 11111 I ~ ._1 - ~ ~ - - 1IT ST. I" IT. II ~ arrm ~ I ti ~ .. I' 11 11 ITTIIJ ABANDONMENT OF' ALlLYWAYS LYING WITHIN 2ND IT. BLOCKS .... . 52 _.,_.~--._,.. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM ~ fC - MEETING OF NOVEMBER 24. 1992 RESOLUTION NO. 131-92 DATE: November 20, 1992 This is a resolution amending Resolution No. 53-92 which made appropriations of sums of money for all necessary expenditures of the City 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. This resolution is necessary in order to correct Exhibit A on Resolution No. 53-92. A number of the Expenditure categories were reported incorrectly and the Reserve Funds were double-counted. Recommend approval of Resolution No. 131-92. '. " - -_.__....__.~ >----------_.,- --.-"- ------ --- -----~..~-_._- ~----_.- RESOLUTION NO. 131-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 53-92 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. 53-92 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. '. " ,-, ~-~-~._---_.__.~-_..---~---_.-._----,._-- 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 24th day of November, 1992. ~~ , M A Yt9"R ATTEST: (j li"11Im 'fl)>,.1:, Hi I r>> J!Q~ C~ty C erk - 2 - Res. No. 131-92 '. " EXHIBIT A Special Internal General Enterprise Revenue Service REVENUES Fund Funds Funds Funds Total Cash Balances Brought Forward 400,544 2,132,455 596,402 30,754 3,160,155 Millages Ad Valorem Taxes 6.2 15,083,357 15,083,357 Ad Valorem Taxes 0,95 2,288,861 2,288,861 Advalorem Taxes - Del., Pen. & Int. 260,000 260,000 Sales & Use Taxes 858,430 858,430 Franchise & Utility 6,683,100 6,683,100 Licenses & Permits 1,348,510 1,348,510 Intergovernmental 4,056,989 57,000 1,087,870 5,218,005 10,419,864 Charges for Services 763,425 20,908,082 21,671,507 Fines & Forfeitures 360,500 135,000 495,500 Miscellaneous 2,012,270 737,917 375,897 209,060 3,335,144 Other Financing Sources 2,544,048 50,000 642,115 3,236,163 Total Revenues and Other Financing Sources 36,259,490 21,752,999 2,240,882 5,427,065 65,680,436 Total Revenues and Balances 36,660,034 23,885,454 2,837,284 5,457,819 68,840,591 EXPENDITURES General Government 4,953,514 128,400 5,081,914 Public Safety 19,788,684 323,509 20,112,193 Physical Environment 290,482 14,012,609 14,303,091 Transportation 1,207,528 1,207,528 Economic Environment 425,679 1,604,390 2,030,069 Culture/Recreation 4,678,916 1,651,512 780,985 7,111,413 Human Services 102,708 102,708 Debt Service 4,085,654 4,586,792 8,672,446 Interfund Transfers 1,054,479 3,375,503 4,429,982 Intergovernmental Service 72,390 5,179,844 5,252,234 Total Expenses 36,660,034 23,626,416 2,837,284 5,179,844 68,303,578 Reserves 0 259,038 0 277,975 537,013 Total Expenditures and Reserves 36,660,034 23,885,454 2,837,284 5,457,819 68,840,591 - . " . MEMORANDUM TO: Cheryl LeE Agenda Coordinator FROM: Joe Sa1fo , ~ce Director ; 1-- . / ./ DATE: November 20,1992 SUBJECT: Resolution 131-92, November 24, 1992 Agenda Resolution 131-92 will serve to correct Exhibit A on Resolution 53-92, A number of the Expenditure categories were reported incorrectly and the Reserve Funds were double-counted on Resolution 53-92. '. , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM i CD - MEETING OF NOVEMBER 24. 1992 RESOLUTION NO. 127-92 DATE: November 20, 1992 This is a resolution assessing costs for abatement action required to remove nuisances on 36 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. 127-92 assessing costs for abating nuisances on 36 properties located within the City. '. " =, I !I RESOLUTION NO. 127-92 I 1 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 I RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO I 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, dec lared the exis- I tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) 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, thrcugh 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), '. " 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 parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. I Section 4. That this resolution shall become effective thirty I (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 wi thin 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 I certified copy of this resolution a lien shall become effective on the subjec~ 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. I I MAY 0 R I ATTEST: I City Clerk Ii - 2 - Res. No. 127-92 ,. hI< " COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT E50' OF W583'OF S140' JACQUEL DAWSON $ 51.16 OF N165' OF N 1/2 OF C/O ANNAS RETREAT 70.00 (ADM. COST) NW 1/4 OF SW 1/4 OF NW ESTATE TUTU #E-7 (RECORDING) 1/4, SUB OF SEC. ST. THOMAS, VI 00801 17-46-43, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1404 NW 2ND STREET) W200' OF E238.54' OF N SEA RAY DEV. CORP. $219.26 1/2 OF LOT 28/LESS NE 4623 W. TRADEWINDS AVENUE 15.00 (ADM. COST) 8TH ST. R/W, SUB OF SEC FT. LAUDERDALE, FL 33308 (RECORDING) 9-46-43, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NE 8TH STREET) LOT 11, BLK 38, RESUB OF BEULAH HUNTER $ 65.90 S 1/2 OF BLK 38 & N 1/2 248 N.W. 14TH AVENUE 70.00 (ADM. COST) OF BLK 39, DELRAY BEACH, DELRAY BEACH, FL 33444 (RECORDING) PB 11, P 34, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 4TH AVENUE) LOT 3, BLK 47, TOWN OF ROBERT G. & PATRICIA ALLEN $ 98.38 DELRAY, PB 12, P 81, 206 S.W. 2ND AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING) BEACH COUNTY, FL (206 SW 2ND AVENUE) LOT 12, BLK 96, LINN'S THOMAS S. MC DERMOT $ 39.42 ADD TO OSCEOLA PK, 347 S.E. 3RD AVENUE 70.00 (ADM. COST) DELRAY, PB 1, P 133, DELRAY BEACH, FL 33483 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (347 SE 3RD AVENUE) N69.5' OF LOT 9, BLK 78, DOROTHY MAGER $ 39.42 TOWN OF DELRAY, PB 1, P C/O GARTH MAGER 70.00 (ADM. COST) 3, PUBLIC RECORDS, PALM 1704 HIGH RIDGE RD (RECORDING) BEACH COUNTY, FL LAKE WORTH, FL 33461 (102 SE 2ND AVENUE) -3- Res. No. 127-92 '. q." " E25' OF LOT 9 & W40' OF JULIEN & EMILIENNE JEUNE $ 62.90 LOT 10, PLUMOSA PARK SEC P.O. BOX 813 70.00 (ADM. COST) A, PB 23, P 68, PUBLIC DELRAY BEACH, FL 33447 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (256 NE 14TH STREET) LOT 21 (LESS 1-95 R/W) CHARLES & ELIZABETH FREITAS $ 39.42 & LOT 22, BLK 1, P.O. BOX 24351 70.00 (ADM. COST) ODMANN'S SUB., PB 4, FT. LAUDERDALE, FL 33307 (RECORDING) P 53, PUBLIC RECORDS, PALM BEACH COUNTY, FL (19 NW 14TH AVENUE) LOT 5, BLK 11, DELRAY BENJAMIN G. & JENNIE M. $ 15.94 SHORES, PB 24, P 233, BURROWS 70.00 (ADM. COST) PUBLIC RECORDS, PALM 844 ORBIT LANE (RECORDING) BEACH COUNTY, FL UNIONDALE, NY 11553 (ANGLER DRIVE) S50' OF N250' OF E135' R.P.I. MANAGEMENT $ 58.90 OF BLK 13, TOWN OF P.O. BOX 2501 70.00 (ADM. COST) DELRAY, PB 1, P 3, 7825 N. BAYSHORE COURT (RECORDING) PUBLIC RECORDS, PALM MIAMI, FL 33138 BEACH COUNTY, FL (20 SW 6TH AVENUE) CORNICHE, ALL OF PLAT, CRAFT DEV. II, INC. $ 34.57 PUBLIC RECORDS, PALM 5910 N.W. 2ND AVENUE 70.00 (ADM. COST) BEACH COUNTY, FL BOCA RATON, FL 33487 (RECORDING) (SE 6TH AVENUE) LOT 21, BLK B, TOURIST RUSSELL E. BROWN $ 83.70 NOOK, PB 11, P 47, C/O JUNE DIMON 70.00 (ADM. COST) PUBLIC RECORDS, PALM 9720 WILLOW ROAD (RECORDING) BEACH COUNTY, FL WILLIS, MI 48191-9727 , (NW 8TH AVENUE) LOTS 1 & 2/LESS N15' RD VALENTINE & FRANCES GABALDON $ 94. 12 R/W, BLK B, RIDGEWOOD C/O DEPT. OF HOUSING & URBAN 70.00 (ADM. COST) HEIGHTS, PB 14, P 44, DEV (RECORDING) PUBLIC RECORDS, PALM 328 4TH STREET BEACH COUNTY, FL W. PALM BEACH, FL 33401-4206 (702 SW 10TH STREET) LOT 3, BLK 7, OSCEOLA JOSEPH A. JEAN $ 23.48 PK, PB 3; P 2, PUBLIC 608 S.E. 4TH AVENUE 70.00 (ADM. COST) RECORDS, PALM BEACH DELRAY BEACH, FL 33483 (RECORDI~G) COUNTY, FL (608 SE 4TH AVENUE) -4- Res. No. l27-92 '. " W40' OF LOT 14, BLK 7, RESOLUTION TRUST CORP. $ 11. 94 PINE TRAIL SEC 3, FINAL ATTN: JAMES ESTES, ESQ. 70.00 (ADM. COST) PLAT, PB 33, P 126, P.O. BOX 20587 (RECORDING) PUBLIC RECORDS, PALM TAMPA, FL 33622-0587 BEACH COUNTY, FL (5126 NW.6TH COURT) S201.87' OF NE 1/4 OF RICHARD CRITCHFIELD TR. $ 81. 64 LOT 8 (LESS E25'RD R/W), 1745 N. CONGRESS AVE 70.00 (ADM. COST) SUB OF SEC 20-46-43, BOYNTON BEACH, FL 33426 (RECORDING) PB 28, P 68, PUBLIC RECORDS, PALM BEACH COUNTY, FL (SW 4TH AVENUE) E46.67' OF W448.33'OF FRANCINE CLINTON $ 73.70 N130' OF N 1/2 OF LOT 1/ 1501 N.W. 1ST STREET 70.00 (ADM. COST) LESS N25' ST RjW, SUB BOYNTON BEACH, FL 33435 (RECORDING) OF SEC 20-46-43, PB 28, P 68, PUBLIC RECORDS, PALM BEACH COUNTY, FL (628 SW 4TH STREET) LOT 4 (LESS W550' & N WILLIAM A & ELIZABETH B. $ 7.94 80.4'), CREGO SUB. AMEND PERRY 70.00 (ADM. COST) PL 3, PUBLIC RECORDS, 38 HIGH AVENUE (RECORDING) PALM BEACH COUNTY, FL NYACK, NY 10960-2102 (316 NORTH OCEAN BLVD) LOT 27, BLK 1, ATLANTIC BENNIE THOMAS $ 51. 76 PARK GARDENS, DELRAY, 1720 1ST ST. N 70.00 (ADM. COST) PB 14, P 56, PUBLIC WINTER HAVEN, FL 33881-2124 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (NW 12TH AVENUE) LOT 50, POINCIANA HGTS TILLIE NELSON $ 39.42 OF DELRAY BEACH, PB 26, 219 N.W. 10TH AVENUE 70.00 (ADM. COST) P 245, PUBLIC RECORDS, DELRAY BEACH, FL 33444-1635 (RECORDING) PALM BEACH COUNTY, FL (1001 NW 3RD TERRACE) S12' OF LOT 7 & LOT 8, GEZA M. GYORKY $ 39.42 MELVIN S. BURD SUB., P.O. BOX 2554 70.00 (ADM. COST) PUBLIC RECORDS, PALM W. PALM BEACH, FL 33402-2554 (RECORDING) BEACH COUNTY, FL (NW 5TH AVENUE) -5- Res. No.127-92 ". 'hI' " S37.5' OF N75' OF RUBY L. HARRIS $ 47.76 W130.44' OF E155.44' OF C/O P.C. WELLS 70.00 (ADM. COST) E 1/2 OF S 1/2 OF BLK 4, 6416 ROBERTS DRIVE (RECORDING) TOWN OF DELRAY, PB 1, TEMPLE HILLS, MD 20748-4966 P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 7TH AVENUE) LOT 29, BLK 1, ROBERT ASSANTES & FRED $180.30 SOUTHRIDGE, PB 13, P 38, WENISCH 70.00 (ADM. COST) PUBLIC RECORDS, PALM 560405 ARBOR CLUB WAY (RECORDING) BEACH COUNTY, FL BOCA RATON, FL 33433 (STERLING AVENUE) LOT 12, BLK 1, DELRAY MICHAEL B.SR.& LYDIA EDWARDS $ 39.42 BEACH HIqHLANDS SEC 1, 2119 SW 12TH COURT 70.00 (ADM. COST) PB 26, P 209, PUBLIC DELRAY BEACH, FL 33445 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (2119 SW 12TH COURT) LOT 8, BLK 2, DELRAY EDITH CARRINGTON $ 39.42 SHORES, PB 24, P 233, 20 DAVIS ROAD 70.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 (RECORDING) BEACH COUNTY, FL (562 SE DAVIS ROAD) LOT 28, LINCOLN PARK, VIRGIE MAE SCOTT $ 93.92 DELRAY, PB 23, P 160, O.L. CARTER & E. TERRY 70.00 (ADM. COST) PUBLIC RECORDS, PALM 115 S.W. 9TH AVENUE (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444-2551 (115 SW 9TH AVENUE) N58' OF S312.12' OF IVERSON LASTER $ 39.42 E135' OF BLK 10, TOWN OF P.O. BOX 1225 70.00 (ADM.COST) DELRAY, PB 1, P 3, BOYNTON BEACH, FL 33426 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 6TH AVENUE) S50' OF LOT 11 & LOT 12, EVERGREEN REALTY ASSOC. INC. $ 98.70 BLK 60, (OLD SCHOOL C/O JOSEPH ADINOLFI 70.00 (ADM. COST) SQUARE HISTORIC 433 S. MAIN STREET (RECORDING) DISTRICT), TOWN OF WEST HARTFORD, CT 06110-1692 DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (24 N. SWINTON AVENUE) -6- Res. No. l27-92 '. . SLY34.75' OF LOT 13 & JESSIE A. SMITH ESTATE $179.36 LOTS 14 TO 16 INC., BLK C/O JOY LYONS PERSONAL REP. 70.00 (ADM. COST) 75, TOWN OF DELRAY,PB 1, P.O. BOX 1146 (RECORDING) P 3, PUBLIC RECORDS,PALM POMPANO BEACH, FL 33061 BEACH COUNTY, FL (118 NE 2ND AVE) LOT 18, BLK 64, PT. OF LUC A. CHRISPIN $247.26 SUB. OF BLK 64, DELRAY MARIE JOSEPH 70.00 (ADM. COST) BEACH, PB 20, P 39, 313 S.W. 1ST AVENUE (RECORDING) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (313 SW 1ST AVENUE) LOTS 1 & 2, BLK 4, ROBERTA KINNEL $ 35.22 OSCEOLA PARK, PB 3, P 2, CARRIE L. JOHNSON 70.00 (ADM. COST) PUBLIC RECORDS, PALM 32 SW 5TH AVENUE (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33444 (302 SE 4TH STREET) LOT 9, MODEL LAND CO'S VIRGIL C. NORRIS $ 19.68 SUB.i REPL OF ~T OF LOTS 104 S.W. 11TH AVENUE 70.00 (ADM. COST) 2 & 3, BLK 1, SEC DELRAY BEACH, FL 33444-1528 (RECORDING) 21-46-43" PUBLIC RECORDS PALM BEACH COUNTY, FL (715 S. SWINTON AVENUE) S25.3' OF LOT 4 & N24.7' EVERGREEN REALTY ASSOC. INC. $ 27.68 OF LOT 5, BLK 60 (OLD C/O JOSEPH ADINOLFI JR. 70.00 (ADM. COST) SCHOOL SQUARE HISTORIC 433 S. MAIN STREET (RECORDING) DISTRICT), TOWN OF WEST HARTFORD, CT 06110-1692 DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 1ST AVENUE) S50' OF LOT 5, BLK 60 EVERGREEN REALTY ASSOC. INC. $ 39.42 (OLD SCHOOL SQUARE C/O JOSEPH ADINOLFI JR. 70.00 (ADM. COST) HISTORIC DISTRICT), TOWN 433 S. MAIN STREET (RECORDING) OF DELRAY, PB 1, P 3, WEST HARTFORD, CT 06110-1692 PUBLIC RECORDS, PALM BEACH COUNTY, FL (27 NW 1ST AVENUE) LOT 6, BLK 60 (OLD EVERGREEN REALTY ASSOC. INC. $ 27.68 SCHOOL SQUARE HISTORIC C/O JOSEPH ADINOLFI JR. 70.00 (ADM. COST) DISTRICT), TOWN OF 433 S. MAIN STREET (RECORDING) DELRAY, PB 1, P 3, WEST HARTFORD, CT 01610-1692 PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 1ST AVENUE) -7- Res. No. l27-92 '. ..1;\ . S50' OF LOT 11 & LOT 12, EVERGREEN REALTY ASSOC. INC. $ 39.42 BLK 60, (OLD SCHOOL C/O JOSEPH ADINOLFI JR. 70.00 (ADM. COST) SQUARE HISTORIC 433 S. MAIN STREET (RECORDING) DISTRICT), TOWN OF WEST HARTFORD, CT 01610-1692 DELRAY, PB 1, P 3, PUBLIC RECORDS, PALM BEACH COUNTY, FL (24 N. SWINTON AVENUE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDSj DECLARED NUISANCE. I -8- Res. No. 127-92 '. H' . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT:~GENDA ITEM i ~~ - MEETING OF NOVEMBER 24. 1992 AWARD OF BIDS AND CONTRACTS DATE: November 20, 1992 This item is before you to approve the award of the following bids and contracts: 1. Janitorial Services - Coastal Building Maintenance (responsive low bidder) in the amount of $43,650 and Stoner's Helping Hands, Inc. in the amount of $1, 849 with funding from City Hall Facility Maintenance (Account No. 001-3431-519-34.10/$23,812.50); Environmental Services Administration (Account No. 441-5111-536-34.10/$5.496.30)j Streets Department (Account No. 001-3113-541-34.10/$677.62); Traffic Operations (Account No. 001-3141-541-34.10/$677.62) j Fleet Maintenance (Account No. 501-3311-591-34.10/$677.63)j City Attorney (Account No. 001-1611-514-34.10/$3,033.33)j Water Treatment Plant (Account No. 441-5122-536-34.10) and Fire Station (Account No. 001-2311-522-34.10/$1,541.27). Funding is for charges to be incurred in FY 91-92. 2. Lot Cleaning and Mowing - Code Enforcement - RC' s Mowing Unlimited (primary) and Mac's Excavating, Inc. (secondary) in the approximate annual amount of $60,000 with funding from Lot Mowing and Clearing (Account No. 001-2741-524-34.30). 3. Anti-Rust Chemical Maintenance In City Irrigation Systems - Parks and Recreation - Rust Off, Inc. in the amount of $1.99 per gallonj with funding from Beautification Trust Fund - Other Repair and Maintenance Costs (Account No. 119-4144-572-46.90) and Cemtery - Other Contractual Services (Account 001-4511-539-34.90) . Recommend approval of the award of the above bids and contracts with funding as indicated. " . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager ~ ,.- FROM: Ted Glas, Purchasing :/," /"r ,-I DATE: November 09, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 17, 1992 - BID AWARD - BID # 92-75 JANITORIAL SERVICES - TERM CONTRACT Item Before City Commission: The City Commission is requested to make multiple awards as listed below for janitorial services at various City buildings at a total cost of $45,499.52. Funding will come from the various department budgets. Per the Finance Department, funding is from the following accounts. fiG I.~ ~4"31 . <;;:f1- ~t.\. \ o. 44-1 - 'S\ \t - S"1.('--:3't. \0 r co I .' 3\I'~- S-lj , .. 34.10/ (Ol) l-~ 1~1-S4--1 - '~4. 10 J g( -' ,331} -~&Il - 3~..O / Oel ",-1 bll- '04 . 34.111). DOl . \b\\ - S-'4-- ~,"". .t> J 4-4-1 - S-12.2r~3b '-3~. 10 '\..>'"d 0(.) 1-:.z3tl .. ~~ -3lt. ro , Background: Funds were allocated in the FY 92-93 budget for this service in the various departments operating accounts. Bids for this service were received on October 13, 1992 from eleven (11) contractors, all in accordance with City purchasing procedures. (Bid #92-75. Documentation on file in the Purchasing Office) . A tabulation of bids is attached for your review. The Deputy Director of Public Works has reviewed the bids along with the Assistant Fire Chief, and their recommendations are as follows: Coastal Building Maintenance Corp. City Hall $28,575.00 per year Environmental Services Complex 9,035.00 per year City Attorney's Office 3,640.00 per year Water treatment Plant 2,400.00 per year Stoner's Helping Hands, Inc. Fire Station #1 & Trailers $1,849.52 per year Coastal Building Maintenance Corp., the second low bidder is being recommended for award due to the low bidder task manning plan not being acceptable and the reference checks were not all favorable. In addition Coastal Building Maintenance will initially come in and clean all facilities to include carpeting, tile floor stripping and waxing, clean all windows, and sanitize all bathrooms and will maintain same throughout the contract. Under terms of the contract all paper goods will be issued by the City to the vendor on a requisition basis. .e.1 '. ., ~ I' "' , Recommendation: Staff recommends multiple awards to contractors as listed above. Funding as outlined above. Attachments: Tabulation of Bids Memo from Public Works Memo from Fire Dept. pc: Chief Koen William Greenwood Mike Wigderson Richard Corwin '. Agenda I tem No. : AGENDA REQUEST Date: November 09, 192 Request to be placed on:' XX Regular Agenda Special Agenda Workshop Agenda When: Nov. 17, 1992 Description of agenda item (who, what, where, how much) : Bid Award - Janitorial Services for various City Buildings ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Multiple Awards per attached memo and a total yearly cost of $45,499.52 ;19/-92- /~h7D o~ 'tPf-P ~~. / ~{;. !Y" / /1/ /. ;l~/9A.~-. ~'..r./~ ,,/!Z(9L pepartment Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~ NO Funding alternatives: (if applicable) Account No. & Description: ~17b(l.../A-L ~1C-t~ Account Balance: 1 zS; 'f-S~ City Manager Review: ()l> 1 3 'f-3 / r/? 3 'f 10 ~ r'+1 S 11/ 5:3, 3'f /0 "7. ,~ I Approved for agenda: ~NO toJ 3/1 S S'ff 3'f 10 Qoo Hold Until: 601 3/ 'II Sff 3Y- /0 J(Oo Agenda Coordinator Review: Sbf ;3// nl ?J'f/o It/of) ,- CXJf I bl/ Sllf ~'t f D ~D<J7 Received: 'f'f! SaL '53'- 3\f I 0 2( S""6 r Action: Approved/Disapproved 001 2'3// 522 3'(-/D 2, 2~ _ Lf'lit..~ - '. MEMORANDUM TO: William Greenwood ~~J7 Director of Environmental Services FROM: Richard Corwin Deputy Director of Public Works SUBJECT: JANITORIAL SERVICES BID DATE: November 17, 1992 After reviewing all bids for the janitorial services, I recommend the second lowest bid submitted by Coastal Building Maintenance for $43,650.00. Coastal Building Maintenance submitted an impressive list of references and a better task manning plan than the lowest bidder. All references for the low bidder did not come back positive. Additionally, Coastal has proposed to clean all facilities including carpeting, tile floors and sanitizing bathrooms at their own expense and maintain all facilities at that level. The annual costs, 12 months for services are as follows: CITY HALL: $28,575.00 ENVIRONMENTAL SERVICES: $9,035.00 CITY ATTORNEY'S OFFICE: $3,640.00 WATER TREATMENT PLANT: $2,400.00 TOTAL: $43,650.00 I recommend the low bidder, Stoners Helping Hands at $1,849.52 for the Fire Department. '. " Source of funding for the 10 months of the contract in FY 91-92 will be from the following accounts: CITY HALL (FACILITY MAINTENANCE) - 001-3431-519-34.10 $23,812.50 ENVIRONMENTAL SERVICES: ADMINISTRATION - 441-5111-536-34.10 $5,496.30 STREETS DEPARTMENT - 001-3113-541-34.10 $677.62 TRAFFIC OPERATIONS - 001-3141-541-34.10 $677.62 FLEET MAINTENANCE - 501-3311-591-34.10 $677.63 TOTAL $7,529.17 CITY ATTORNEY - 001-1611-514-34.10 $3,033.33 WATER TREATMENT PLANT - 441-5122-536-34.10 $2,000.00 FIRE STATION - 001-2311-522-34.10 $1,541.27 Paper goods will be dispensed by Facility Maintenance as needed and are not part of the bid. This will be a more economic handling of paper goods. If you have any questions, please call me. /M '- //.o QV' Richard Corwin Deputy Director of Public Works RC/lm REF: RCWGJSB.DOC cc: Robert Barcinski, Assistant City Manager Ted Glas, Purchasing Officer File: Interoffice Memos from Public Works '. [ITY OF DELRAY BEA[H FIRE DEPARTMEr~T M E M 0 RAN DUM TO: JACKIE ROONEY, BID SPECIALIST FROM: M. B. WIGDERSON, ASSISTANT FIRE CHIEF DATE: OCTOBER 23, 1992 SUBJECT: ACCEPTANCE OF BID #92-75 - JANITORIAL SERVICES In reviewing the tab sheet for Janitorial Services "Stoners Helping Hands, Inc." at $1,849.52 per year was the lowest bid offered for services to the Fire Department areas. None of the low bid companies have made any exceptions to the specifications concerning Fire Department areas. The Fire Department will accept the bid offered by "Stoners Helping Hands, Inc.". The companies next lowest in the bidding process that would be acceptable are: 2. Coastal Building Maintenance $2020.00 yr. 3. 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City of Delray Beach Departmental Budget Transfer (1) Departmental Une Transfer (2) Date November 17, 1992 (3) Interfundllnterdepartmental Transfer (4) Batch Number For Janitorial Services Contract (5) Requested By: Richard Corwin Works (6) ACCOUNT NUMBER (1) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 001-3431-519-12.10 Regular Salaries $2,500.00 001-3431-519-64.11 Computer Equipment $3,600.00 001-3t!3-541-34.10 Janitorial Services $ 200.00 \ 001-3141-541-34.10 Janitorial Services $ 200.00 001-3431-519-34.10 Janitorial Services $6,500.00 (10) TOTAL $6,500.00 $6,500.00 JUSTIFICATION: Transfer needed to ensure Janitorial Services account has --'('ient funds to pay FY91-92 City Hall Janitorial Services Contract (10 months). Salary savings are realized by not hiring Custodian II for 3 months. Computer not needed due to in house adjustments in eauiDment. A Department Head _ d//;f~ -.IJ 11/1';/~"z-- Asst City Manager - "' ~X: Jludget Officer City Manager (12) Control Number (11) Budget Revision Date (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT '. " . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager ~ FROM: Ted Glas, Purchasing Officer e!/# DATE: November 16, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 24, 1992 - BID AWARD - BID #93-03 LOT CLEARING & MOWING - TERM CONTRACT Item Before City Commission: The City Commission is requested to make multiple awards to contractors listed below, at an estimated annual cost of $60,000. Per the Budget Office, funding is from: aD, ~ .;L1L\\-f>"2L\';~,3o (leA ~~n~ QYlC\ Q..\ea<ln5 ). Background: The Code Enforcement Division has need of an annual contract for nuisance abatement (Lot clearing and mowing), with funding from their operating expense budget. Bids for this contract were received on November 09, 1992 from six (6) contractors, all in accordance with City purchasing procedures. (Bid #93-03. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Code Enforcement Administrator has reviewed the bids, and recommends multiple awards, as follows: Primary Contractor ------------ RC's Mowing Unlimited Secondary Contractor ---------- Mac's Excavating, Inc. The bid submitted by Mac's Excavating is not signed. It is recommended that this firm be allowed to sign their bid late, and that this matter be waived as a technicality. Recommendation: Staff recommends multiple awards as listed above, with work being assigned based on the lowest cost to the City, at an estimated annual cost of $60,000. Funding as stated above. Attachments: Tabulation of Bids Recommendation from Code Enforcement pc: Lula Butler Richard Bauer ~E".2- ,. "1'1.' - ( M E M 0 RAN DUM TO: Ted Glas, Purchasing Officer THRU: Lula Butler, Community Improvement DirectorLe7~~ FROM: Richard Bauer, Code Enforcement ~ministrator . J SUBJECT: NUISANCE ABATEMENT BID 93-03 DATE: November 10, 1992 After reviewing the bids submitted by the vendors in response to bid 93-03, I recommend that RC's Mowing be awarded the bid as the primary vendor and that Mac's Excavating be awarded the bid as a secondary vendor. The secondary vendor will receive work only when the primary cannot complete work assignments in the required time period. We will require only two vendors. Although each of the submitted bids contained errors (e. g. , RC's has a calculation error, Mac's was not signed), I recommend that we waive minor errors. I understand you will prepare the appropriate materials for Commission action. Thanks for you help on this project. RB:mh '. . HOVEl13ffi 09. 1992 Tl'lBULATICtl Of BIDS BID 193-03 HUI~CE I'flATEMalT LOT CLEARIHG ~D I1:Jo/IHG ~ a:DE EHfCR:EMEHT , EST RC'S I~'s ~TAL FIRST LUIS CLIHTCtl RIOiARD I ITEM ANHUAL DESCRIPTICtl I1:Jo/IHG 8O:AVATIHG CCtlSTRU:TIGI GEHESIS LAlotl SERVI CE WALCOTT ~TY. CATElXRI' I - I1:Jo/IHG V~T AND OCC\.FIED LOTS 1. 400 LOTS lJ> TO 7.94 10.00 40.00 40.00 88.00 25.00 ! LOTS 3.375 SQ. IT. 3176.00 <<XX> . 00 16000.00 16000.00 ~200 .00 10000.00 ! I ! 2. 350 LOTS CNER 11.94 15.00 45.00 00.00 132.00 ~.OO I LOTS 3.375 SQ. IT. 4179.00 52SO.00 157SO.00 28000.00 46200.00 122SO.00 I I 3. lSO LOTS OVER 15.94 20.00 SO.OO 160.00 255.00 45.00 I I 6,750 SQ. IT. 2391.00 3000.00 7500.00 24000.00 38250.00 67SO.00 I , I I I ! 4. 75 LOTS CNER 15.94 20.00 SO. 00 160.00 255.00 45.00 I 13,500 SQ. IT. 1195. SO 1500.00 37SO.00 12000.00 19125.00 3375.00 -_._- - -- - ------.,. - ,.-- -._---- --_.- i 26SO fLAT RATE PER .79 .00 1. SO 10.00 32..00 200.00 1000 SQ IT 2093. SO 2120.00 3975.00 26500.00 84ao<> . 00 530000.00 OVER 13.500 I CATEO:RY II - ~TIHG ~D REKJ'v'IHG TRASH I \1. 4000 BIOPERMAH 11.74. 12.00 25.00 20.00 13.00 15.00 /H0Jl 46960.00 4I000O.00 100000.00 aoooo.OO 52000.00 60000.00 ~ TOTAL BID COST I CATElXRI' I ~D II 59.995.00 63.870.00 146.975.00 186.500.00 Z75.575.00 622.375.00 I COMMEHTS/EXCEPTIOHS: i I I I '. . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager ~ FROM: Ted Glas, Purchasing Officer !/r DATE: November 17, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - NOVEMBER 24, 1992 - BID AWARD - BID #93-01 ANTI-RUST CHEMICAL MAINTENANCE - IRRIGATION SYSTEMS Item Before City Commission: The City Commission is requested to award a contract to the low bidder, Rust-Off, Inc., at an estimated annual cost of $11,100. Per the Finance Department, funding is rom:lli..:.W -51J..-Lk,:.'I>/C()\ '4~,\'- ~ -3lf.~D ( ""En: ~~.{R't' \(<; 0Vur'\-\ CL~~ C"\-. U)'\; "). Background: The Parks & Recreation Department has need of an annual contract for supplying anti-rust chemical, and for maintenance of the injection pumping equipment into their irrigation systems, with funding from their operating expense budgets. Bids for this contract were received on November 3, 1992 from four (4) contractors, all in accordance with City purchasing procedures. (Bid 1193-01. Documentation on file in the Purchasing Office) . A tabulation of bids is attached for your review. The Director of Parks & Recreation has reviewed the bids, and recommends award to the low bidder, Rust-Off, Inc., per attached memo. Based on last year's cost, it is estimated that 5600 gallons of anti-rust chemical will be used next year. At a per gallon price of $1.99, the estimated yearly cost is $11,100. Recommendation: Staff recommends award to the low bidder, Rust-Off, Inc. , at an estimated annual cost of $11,100. Funding as outlined above. Attachments: Tabulation of Bids Recommendation from Parks Dept. pc: Joe Weldon CE .3. ,'. ';1 ~.. [ITY DF DELRAY BEA[H 1UO \.' J J'... .../ L ~,.; I; r . DllH/\ Y Ht:/\CH '-LOHI,)A 33444 . 407/743 7000 MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid #93-01 - Recommendation of Rust Off, Inc. DATE: November 16, 1992 Attached please find the spreadsheet for Bid #93-01 for the anti-rust chemical used in our irrigation system in our parks, public buildings and beautification areas. There were 5 bids with the apparent low bidder being Rust Off, Inc. at $1.99 per gallon. This is significantly lower than the current $7.25 per gallon we received the last time this product was bid. Last year approximately $40,648 was spent for these chemicals in our beautification areas, parks and cemetery. Funding for this chemical is available in beautification account #119-4144-572-46.90 ($29,000) and cemetery account #001-4511-539-34.90 ($12,900) . I recommend the bid be awarded to the apparent low bidder, Rust Off, Inc. at $1.99 per gallon. ~ ,~~' , i Joe Weldon Director of Parks and Recreation cc: David Harden City Manager Attachment Ref:rustobid THE EFFOi=:1 ALWAYS MATTERS '. . () --I()O -03:D < z 0 OIrrJ ;:tlDZ rrJ 0 3: rrJ(fJ HH--I Z < 3: CD3:() ()ZH 0 rrJ M (T1H;:tl (T1--1 , 0 :! Z ()H (T1;:tl ;:tl CD --I CD-o -OZC " M (fJ (fJr--l rrJD(fJ ;:tl -- f"1 H ;:tlZ-I M 0 0 0 0 X " Z GlfT1() e" () D I fT1 0 r ", "0 "Tl r I :! """ --I 0 () ~ H Z H ~ 0 D N Z () (fJ r .. '<:I t.P~ ~ o ~ 0 &,Oll-' Ol ~~ .... ... . I:'l ;:r' \D 0 '1 "'J:j 0 \D ..., Ql '1 Ol ..., ~0"Cl "Cl 1lI~;:r' ..... H . = ~ 0lI = n ... Ql n ,.,1lI I-' '" H~~!;' i~ D ~~ ~ : ~ "'J:j g. '1 Ol Ql C7I HZ .g~~!~~ ....'1... N ....0 ;:tl--l ~g"'J:jg \.Il '1 n ;:tlH '1~....<-<"d 01"" '"" n III Ql '1 ... ,""..., III "Cl :J ~ H I III '1 = I"" o 0 III iii ..... G'I;:tl ... I:l..... III '1 = < ~ 0lI DC ~ III Ol rt . 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FLORIDA - CITY COMMISSION REGULAR MEETING - NOVEMBER 24. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED TO INCLUDE: F. APPROVAL OF AWARD TO EMERGENCY CONTRACTOR/JOHNSON-DAVIS. ~ Approve the award to Johnson-Davis, Inc. in the amount of $18,885 for the emergency repair of a manhole at 803 Meadowlark Lane in the Country Manor subdivisionj with funding from Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). G. APPROVAL' OF AWARD TO EMERGENCY CONTRACTOR/OCEAN BAY CONSTRUCTION. INC. : Approve the award to Ocean Bay Construction, Inc. in the amount of $22,450 to replace a manhole at 727 Pine Lake Drive in the Hamlet subdivision and in the amount of $15,980 to replace 40 linear feet of collap~ed gravity sewer line at Curlew Road in the Tropic Isles subdivisionj with funding from Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). '. " . CITY of DELRAY BEACH PUBLIC UTILITIES DIVISION NOTICE TO PROCEED With EMERGENCY REPAIRS Bid 1192-17 (Commission Approval March 10, 1992) DATE: 11/23/92 TO: Johnson-Davis, Inc. ADDRESS: 604 Hillbrath Drive CITY/STATE: Lantana, FL 33462 Description of Repairs: Replace ten (10) feet deep manhole at 803 Meadowlark Lane at Country Manor. Have structural weakness on side of manhole. We are losing road quickly. Bid Amount: $18,885.00 Completion Date: Start November 30, 1992;Completion December 4, 1992 In accordance with Bid #92-17, you are hereby notified to proceed with the above described repairs, per instructions from the Public Utilities Division. A confirming purchase order will be forthcoming. ~ " I i _,~():.?Vf- /-Jic.l__.~ CITY MANAGER City of Delray Beach Belvedere: $28,000 Jackson & Sons: $20,100 Ocean Bay: No Bid Johnson-Davis, Inc: $18,885 IF .. . Agenda Item No.: AGENDA REQUEST Date: 11/24!92 Request to be placed on: XXX Regular Agenda Special Agenda Workshop Agenda When, November 24, 1992 Description of item (who, what, where, how much), Staff requests City Commission to approve emerqency repair of ten (10) foot deep manhole at 803 Meadowlark Lane at Country Manor. There is structural weakness on side of manhole; we are losing the road quickly. Lowest responsive! responsible bidder is Johnson-Davis. Inc. at $18.885.00. They are one of the emerqency contractors which was approved by City Commission on March 10. 1992 Bid No. 92-17. Fundinq source is #442-5178-536-61.84. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends City Commission to approve emergency repair at 803 Meadowlark Lane to Johnson-Davis, Inc. in the amount of $18,885.00,for repair to manhole. Department Head Signature: Determination of Consistency Plan: City Attorney Review/Recommendation (if applicable) Budget D~rector Review (r~red on all items involving expenditure of funds): Funding available: ESYNO Funding alternatives (if a~liCable) Account No. & DescriPtion,,~i Sl,&'-53b.fJl-94" 'K.4- HAf.JwLE. 1?E~ Account Balance S3s )37". S City Manager Review: Approved for agenda: @/NO 1M Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . J - D JOHNSON.DAVIS INC. HEAVY CONSTRUCTION ~M"'4Ctv~ UNDERGFlOUNO UTlUnES 604 HILLBRATH DRIVE LANTANA, Fl.ORIDA 33482 4\)7.588-1170 November 23, 1992 Mr. George Abou-Jauode City of Delr~y Beach Environmental Services 434 s. Svlinton Avenue Delray Beach, Florida 33444 RE: SANITARY SEWER REPAIR VARIOUS LOCATIONS Dear Nr. A,bou-Jauode, Per our meeting of Friday November 20, 1992, the enclosed is our proposal for each repair. The following are special provisions common to all. - density testing is included - manhole painting and fabric wrapping is included - F.R. mater to assist in compaction is to be supplied at no charge - air testing is not included - vac-truck to be provided by City at time of final connection - bypass pumping is included - permit fees are to be waived - asphalt, sod, sprinklers, concrete driveway restoration is included If we may be of service please contact our office. SJ.J I prnc Encl. I _ _ n..~ _ _ .,. - '. j, ...,2:j/H2 11: 24 'B'-107 585 5252 .JOH:\SO:\-DA n s [4] 1.I U:J ,.. . I I *1 - Ml~NHOLE # l6 SYSTEM 88 - COUNTRY MANOR - replace 10' deep manhole - replace l3' 8" VCP w/PVC SDR 35 in 2 directions - replace service lateral - restore as required LU~1P SUM _ . _ . _ . . . _ . _ _ _ . _ . . . . . . . . . . . _ _ - - _ . . . - . . . . . . $18 , 885 . 00 #2 - MANHOLE # 35 SYSTEM 56 - IDV1LET - replace 10' deep manhole - replace 13' lOh VCP WjPVC SDR 35 in 2 directions -- restore as required - repair patterned concrete driveway * 4 to 5 houses will loose access during construction. LU.MP SUM - .. - - .. .. . .. . . ... . . . ... . ... . . . . _ . .. . .. . . . . . . .. .. _ .. . ... _ ... .. NO BID #3 - MANHOLE # 157 - 153 A - TROPIC PALMS _ replace 331 :t 8" VCPj W PVC SDR 3 _ restore as required - LUlYlP SUM. - . . - - . . . . . . . _ _ . . _ _ - . . . . . . . . _ . . . . . . . _ . . . . NO BID I I '. " 11/23/92 10: 11 'lJ' 41J/ 6g9 1369 BELVEDERE'CONSTR lllJ 02 . - ..--.=,=.=,~. _~= 'rl1p06~tl- Page No. 01 P ayes ( ..- .- --. ,--_.._-----~--::~~... -"" \, ". " " I' BELVEDEHE CONSTRUCTION CO. II P 0, BOX 15107 ~ I , WEST PALM BEACH, FlORIDA 33"6.5101 . I Phone (407) 683.5344 City ~: De~~~~ Reac:h __..... __ ___ 24~_-=-!~.3.5 ___._~. 11--23-.92 _ .~: STRGE;T JOB NAME 43 . . 11' Ii 4 South SW:lnto!:, Avenue .______ __ __ .. _. H:l6(;e.. _.~_f.!.<:>~5 _~~_[:~H'S -. t ' CITY. STATE: AND :,p CODI< .I091.0CATION I , j " A~:e:~~::, ~~~:~: ,,:L.. 303 ~~OAH ~;:'AN,_~e~~~~n~~_ch __ __. - ---- -=~t~~' :ON~~=" -.~1 I, I '!I WE PROPOSE TO FURNISH ALL LABOH, MATE8lAL AND EQUIPMENT TO PERFORM THE FOLLOWING: \i " ;1 I .,' .....- -..... .- - ..- ----- I, I I'TI;M ITEM ESTIMATlit.:> UNIT eSTIMATED ,I NO. OU,\NTITY rRleL AMOUNT .. -- ----- --~._-... .. --.---.-.-- ..-.-. -.-.--. < \: , lIelvedere will [ur.nish all net.:ess,u-y labor, elluj plllcnt a.nd material to complete II il emergency repairs at the following locations. 1. 727 pine Lake lJl'ivo ~ The Hamlet 1 L.S. ~l jO,OOO.OO 2. 803 r<leadowlark Lanc-Countri l-1eadow 1 j,.S. I~ 28,000.00 3. Curlew & AlbaLros-Tropic Pnlmcs 1 L.S. @ 25, OUO. O.t! I' $83,000.00 I' , iI I:, I \\1e have two crews available to start tOl\iO IT 0\" it notHieo today. Tho only del(lY ! would l)o one week delivery on prer.;ast 1..0 be bui It. per Delray SpecificationI' \vhich \1 would hinder sta.rting in the Hau\let and Country Manor. :1 ,I , " I \; il 1\ 'I I " \! I 1\ I, I I ~., - --- ., "'''''.<'''- .....-.. .. -...L~... 1 I Payment 10 be modo lor work p9t10'm~d UpOIl ll,e'9nl(lllon 01 our hwol<~. 1 n th~ 9vont th.,e h {.ny d.fault-- al'ld tho '\ ! lame I. plo(.d in the hallda 01 (In (lHorney lor (oll.(tlon, tho OWn~, he. eb~' "O'gel to pol 011 {Ol! (II collettion ----.--- ------ .-- -- -.--...... All material II guaranteed to be ~'speelfleo. All work 10 be con,pl~l.d in ~ workmanlll<e mal'lnllr e~~old\ng to standard practlco;. Any Ol\~flllllll' (I' " davlJli"n from above speclflc3tlonl Involving extra enils will be el<ecuted AlltnorlZOd only upon wrllten o'de'l, and will betome an el<lra cha'9~ 0\'01 and ~b',ve !iiynatu,e -- -' I' \IH~ estimate. All agreom(lnt5 contlngen\ "po'l Hrlhes. ac..:identl 01 OQI~n ._...._.__~,_"==:=~aysJ blliJyond o.....r c;ontrul. OwnSf to cany tlt'@I, tClrnado and Qther neceu"ry 11"1. SUf anee. OUf WOfko', II'. I",IIy (:uv(j,ed bY WorKmen's CompQn~atic,n InsurDr'lCO. ~':"""'_.- ..- 0_.. . - - -. ---. .- ..~==-::::==.:..:...~.:......:. ,!\cuphmu of 't'opo6ul ~ The above pIkes, sPQclflcatlon$ ..~ I Ind cO....dltlonl Me satlSfJclory and alII hereby accept9d. Yn... Me aUII1". ~19n~\lJrO -.-.------- .----------- Ii riled to do the walk al apaclflad. ;/ II '. NOIJ-20-1992 16:58 FROM 9733060 TO 14[172433774 F'. [12 ~. - . ~ . .'." . .J November 20, 1992 , - , . ' . "... c~ty' c:>f Delray Beach . ".,'..200 N.W. 1st Avenue :,,'. . " Delray Beach, FL 33444' ..... .', Attn:. . George Abou-jaoude .. Dear Mr. Abou-jaoude: ,. W.. Jackson & Sons Construction company will provide labor, : . , equipment, materials for the replacement of the sanitary sewer .' , tnanh~le located at Country Manor and l1eadow Lark Lane. . Manhole #16 app~oximate depth is 10.5'. 1) . ,Labor and Equipment to include dewatering and bypass pump. $13,700.00 , 2), Materials to include pipe, manhole, asphalt. and sod restoration. ,'$ 6,400.00 Total Estimate: $20.10Q.00 Construction' could begin on Monday, November 23rd and be completed .through '. replacement' of road rock by Wednesday, November 25th. , Surface restoration to commence on ~onqay, November 30th. In order. for this price to take effect, it will be necessary for the city to authorize W. Jackson & Sons to proceed with this projeotno later than 4:30 p.m. on Friday, November 20th. Please contact either myself', Mark Harris or Angela Hall at (305) 973- 3q60. Yours truly, Jh ()~~. If -:Jkv;60 rU/ ffl4- Thomas A. Jackson Project Manager TAJ:ah W. JACKSON & SONS CONSTRUCTION CO. lltftlbry.~ .l'rij/~rflll}t'I!)()m9cno Beach. Florida 33069. N. Broward (305) 973-3060 / S. Broword (305) 920.01 111 Fox (305) QlIJ.1679 '. TOTAL P.02 - -... { ,.~ . S' --.... ~ ~~ .3> ~ - --- -.L /..., -- .~ - ~;,iF r ~"" "." .:-:.~. ':",~:',- , . ,,'-"~";",1.::.o....'," - - , ~ - - - << ~ _. .... \ .. ,. \ .ill' \ ."""~ / --- , " . ~ . . CITY of DELRAY BEACH PUBLIC UTILITIES DIVISION NOTICE TO PROCEED With EMERGENCY REPAIRS Bid 1192-17 (Commission Approval March 10, 1992) DATE: 11 /23/92 TO: Ocean Bay Construction, Inc. ADDRESS: 2200 N.W. 16th Street CITY/STATE: Pompano Beach, FL 33069 Description of Repairs: Replace ten (0) feet deep manhole at 727 Pine Lake Drive in the Hamlet Subdivision. This manhole has been restored several times. Losing pavement around manhole. Bid Amount: $22,450 Completion Date: Start November 30, 1992; Completion December 4, 1992 In accordance with Bid #92-17. you are hereby notified to proceed with the above described repairs, per instructions from the Public Utilities Division. A confirming purchase order will be forthcoming. Il - Q\ ') ,,"i-v~r/ / /- "t.'-IL,,--... /~, , CITY MANAGER City of Delray Beach Belvedere :- $30,000 Jackson & Sons: $23,400 Johnson & Davis: No Bid fG- Ocean Bay: $22,450 '. Agenda Item No. I AGENDA REQUEST Datel 11/23/92 Request to be placed on: xxx Regular Agenda Special Agenda Workshop Agenda Whenl November 24. 1992 Description of item (who, what, where, how much) I Staff requests City Commission to aoorove two (2) emeroencY reoairs to Ocean Bay Construction. Inc.. who was one of the emergency contractors aooroved by City Commission on March 10. 1992. Bid No. 92-17. (1) Replace ten (10) feet dee manhole at 727 Pine Lake Drive in the Hamlet Subd. Losing paveme t rou d.. manho 1 e. Cost ;s $22 450. (2 Re lace fort (40) linear feet of colla sed ravit e er maln eavy sand intrusion and approximately 150.000 gallons infilatration. Heavy restoration. Cost is $15,980. Funding !':olJrce for both repai rs will be #442-5178-536-61.84 . ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends City Commission to approve both emergen~y repairs to Ocean Bay Construct;on~ Inc. Department Head Signature: Determination of Consistency City Attorney Review/Recommendation (if applicable) Budget Dt~ector Review (~ired on all items involving expenditure of funds): Funding available: E /NO Funding alternative (if applicable) Account No. & Descr~tion~~?~-5(7~-.5~(O/~R f1PrNHt1.E 12.E:H.1EL Account Balance S~ 37. sz. . City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agendal Actionl Approved/Disapproved '. . Ocean Bay Construction, Inc. 2200 N.W. 16TH STRUT POMPANO BEACH. FLORIDA 33069 BROWARD; (305) 960-0130 emt.er. 23, 1992 M '. (',eorge AOOu-Jaoude Q puty Director/Public Utilities C .ty of Delray Beach 42. 4 S. Swinton llve. I' n lray Beach, Florida 33444 J',: Street Qwe Ins @ 727 Pine Lake Drive, Delray Beach I I 9: ar Mr. Abc;Ju-Jaoude I reference to the ab:we project, a total cost of $22,450.00 is sutroitted to I; 0 lete said project. I i 11 F.exove & replace sewer manhole. 21 FarDve & replace service lateral. , j Rarove & replace 30' of 8" PVC. 4' P.errove & replace with, 1" asphalt, 8" Li.I'rerock, I ! approximately 30'x30', an; J'l.ecessary ~. I 51 Install a wellfOin1:. system and a by-pass syst:e:n. I ~. / I "q , ~ nald E. Penta F1 esident ! WI TER . SEWER. DRAINAGE. CONCRETE. GRADING. PAVING. PARKING. STREET. HIGHWAYS '. J - D JOHNSON.DAVIS INC. HEAVY CONSTRUCTION ~""),4C~N. UNOERGROUND UTlUTIES S04 HILLBRATH OFIlVe LANTANA, FLORIDA 33482 407.58S-1170 November 23, 1992 Mr. George Abou-Jauode City of Delr~y Beach Environmental Services 434 S. SvTinton Avenue Delray Beach, Florida 33444 RE: SANITARY SEWER REPAIR VARIOUS LOCATIONS Dear ,Hr. Abou-Jauode, Per our meeting of Friday November 20, 1992, the enclosed is our proposal for each repair. The following are special provisions common to all. - density testing is included - manhole painting and fabric wrapping is included - F.R. mater to assist in compaction is to be supplied at no charge - air testing is not included - vac-truck to be provided by City at time of final connection - bypass pumping is included - permit fees are to be waived - asphalt, sod, sprinklers, concrete driveway restoration is included If we may be of service please contact our office. SJ,} jpmc Encl. h.______ .. -. . -... ,.". ~ . '. " 23d12 11: 24 'fl'40i 585 5252 .JOH:--<SO;\"-DAnS !4J 003 " I *1 - MANHOLE # 16 SYSTEM 88 - COUNTRY MANOR - replace 10' deep manhole - replace 13' 8" ~CP w/PVC SDR 35 in 2 directions - replace service lateral - restore as required ~tJ~1l? ~(JM_. _ . _ . . _ . . _ . . . . . . . . . . . . . . . _ . _ . _ _ . _ . _ _ . . . . $18,885.00 *2 - MANHOLE # 35 SYSTEM 56 - HN1LET - replace lO' deep manhole - replace 13' lOh VCP WjPVC SDR 35 in 2 dinections - restore as required - repair patterned concrete driveway if: 4 to 5 houses w~ll loose access during construction. LUMP SUM. - - . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . NO BID #3 - ~mNHOLE # 157 - 153 A - TROPIC PALMS . _ replace 33' t 8" VCP! W PVC SDR 3 _ restore as required - LUMP SUM. - - - - . . . . . . . . . - . . _ - - . _ . . . . . . _ _ . . . . . . _ _ . _ . NO BID I I . 11/23/92 10: 11 'B 407 689 13G9 BEL VEDERE' CONSTR f4J 02 __""'='=''='-'0 ._u__ 'rop O!Htl- .p~g: ~? ,..u_._~~...... Pages '''', ..~ l' I II BELVEDERE CONSTRUCTION CO. II' P. o. BOX 15107 I WEST PALM BEACH, FLORIDA 33418-5107 1\ ~OPOSALS'UB'MiTTED 10 Attn: George Abou':':Ja'ouae PHONC _._. _ , (~:~:e (4~~~~~~'53~4.._~... City of Delray Reach 243-7335 I 11-23-92 . _. ....... ___ _..,..." __. ___._.____.... ______.--L_... ----- \ STREET JOIl NAMC 434 South S\"int~~ Avenue .__.___ _.__ ...~Iia(;e.~~.~~.<:~s _~~_l:~h~__ . 11i i CITY. STAT!:: AND :tIP CODa .lOB I.OCATION I Delray Deach, FL. 33444 Delroy Beach . ------J '" .....u___.__..... u__._u._.... "--- .~ AFlCHITl'CT.. ENGINEER DATI:. Of- PLANS .10El PHONC :1 N/A N/n ! ..,..., .... ....... ..... ....u... _.. _.=-==~_-.... _~L..._,="~~ WE PROPOSE TO FURNISH All lABOR, MATEBIAL AND EQUIPMENT TO PERFORM THE FOllOWING: \1 II .\ "'M ... OHM ...- -....-. .... ""MAn" UN>; .'~T~:;:;:;;~ I NO. _'_ __ ..~~ANTITY ...___~~~.:..L_ AMO~.~._......... :'. " Ii d. . d . 1 1,\: ~elve CI"e will fu;r.n~sh all nece6s,u~' labor r equJ plllcnt an mater~a to complete I emergency repairs at the following locations. ' I: I 1. 727 Pine Lake Drivo ~ The Hamlet 1 L. S. ~l :)0,000.00 I, 2. 803 Meadovllark Lane-Country 1-1eaclow 1 l,.S. @ 28,000.00 II 3. Curlew & AlbaLros-Tropic Pnlmcs 1 L.S. @ 25,000.00 r .. I' S83, UDO. 00 ,i q I' \1 He have two crews available to start tomon:O\-J it notl f j eo today. Tho only delay ;1 Ii would bo one week delivery an precast to be built per DelI"ay Specifications Which .1: would hinder starting in the Hamlet and country Manor. I :1 I' I: .I II II ii I :1 ~- .. ".~" ....... .._..~. ~ I Payment tQ b. mad. lor \'Iork p9r!orm41d upon 1"6,,011;l1l0n of our invoice. In the (lVnnt there Is (lOY del.Dult in and tho 1,\ I "1Il1e II plo~.d in the hundl of an ottorney lor ,olle,llan, tho owner hereby 09r(lel to pay all cOli of collecllon n,I~..l :; '_' - -1' All material II gualantClod to b" ~I speclfle::!. All oNork to be eornpll)\~" in ~I Wori<menllke mnnnar ac:.cordlllg to ltandard praellen. Any ol\&rhtlClIl (,r I, dilvlUlon from above speclflc3110nl Involving exlrn Cnlts will be executed il only upon wrlthn orders, an.;j will becoma an extra cl1.rg~ OVO! and ~b"ve' \I1e esllmate. All ag!(lomontl cOr'ltlngClnt uPO,1 slrlk~s. accid9n15 or dolon I. boyond o"r contrul. owner to caffY hre, \orn.do and other nec"sury 111- surance. Our workorl aro fully (:uvElted by Workmen's Comr>onl~tion Imuroneo. ~,;It"<II..p:;:z:::::;-- ~-- _._..-';-'-'-'=~.=..-~=== --- .-.. " f1 tctnhmu of '1erotto~a:l c~ r 1l'" r The above PI Ices, IPoclflcatlons and condltlt:>ns era satisfactory and are hereby aceeptod. Vn... are aUII1". $IlIl1Muro -.---.-- .. nZl>d \0 dO thl> work 0\1 IP&dll&d. . . tlCil)-23-1 '3'32 1[1 : 4E, FF'Cit'l '3733C160 TO 1407243706C1 F'.02 , .J r . November 23, 1992 .f Delray Beach Environmental 434 S. Swinton Avenue Delray Beach, FL 33444 Attn: George Abou-jaoude RE: sanitary Sewer Repair Location Manhole #35 Dear Mr. Abou-jaoude: . w.. Jackson & Sons Construction Company will provide labor " equipment, materials for the replacement of the sanitary sewer manhole located at pine Lake Drive. 1) Labor and Equipment: $14,500.00 2) Materials: $ 3,500.00 . 3) Restoration: $ 5,400.00 Total Estimate: $23,400.00 The construction could commence on Monday, November 30th provided notice to proceed is issued by Tuesday, November 24th, 1992. Yours truly, ~~~ Thomas ~aCkson Project anager TAJ: ah W. JACKSON & SONS CONSTRUCTION CO. lBse NW. 21st StrMt. Pompono Beach, Florida 330M. N. Srowcrd (305) <;'73.306:) I $. Broword (305) 920.0111/ Fox (305) 960-1679 '. " CITY of DELRAY BEACH PUBLIC UTILITIES DIVISION NOTICE TO PROCEED With EMERGENCY REPAIRS Bid /I 92-17 (Commission Approval March 10, 1992) DATE: 11/23/92 TO: Ocean Bay Construction, Inc. ADDRESS: 2200 N.W. 16th Street CITY/STATE: Pompano Beach, FL 33069 Description of Repairs: Replace forty (40) linear feet of collapsed gravity sewer main. Heavy sand intrusion and approximately 150,000 gallons infiltration. Heavy restoration. Bid Amount: $15,980 Completion Date: Start November 30, 1992; Completion December 4, 1992. In accordance with Bid #92-17, you are hereby notified to proceed with the above described repairs, per instructions from the Pub lic Utilities Division. A confirming purchase order will be forthcoming. 4;,c>,(J~f /J,u ,Lv_ . CITY MANAGER " City of Delray Beach Belvedere: .$25,000 Johnson-Davis: No Bid Jackson & Sons: $16,900 Ocean Bay: $15,980 . HOI) 22 "~2 14: 3:?' OCERN BRY COHST IHC P.02 Ocean Bay Construction, Inc. 2200 N.W. 16TH STREET POMPANO BEACH. FLORIDA 33069 BROWARD: (305) 960-0130 . George .Atou-Jaoude uty DirectorjPublic Utilities i ty of Delray Beach 34 S. Swinton Ave. lray Beach, Florida 33444 Sewer Replacerrent @ o.u:lew Pd. reference to the al:ove project, a rota1 cost of $15,980.00 is suhni.tted ::0 CC1TIplete said project. . Rem:we & Replace approximately 40' of 8" PVC. Replace damaged sod. Install a wellpoint system. y yours, ,J \-- J;rJ!/?pA _J) th,{,.. ~/ - - Wi TER . SEWE.R . DRAINAGE. CONCRETE. GRADING. PAVING. PARKING. STREET. HIGHWAYS '. tj[ll.)-23-1 ';:1'32 1D:46 FF'l]r'l 9733[tt,Ci TI] 14[172437CiE,[1 F'. [13 , .J , -- November 23," 1992 Delray Beach Environmental 434 S. Swinton Avenue Delray Beach, FL 33444 Attn: George Abou-jaoude RE: Manhole #157 to Manhole #153 Dear Mr. Abou-jaoude: w. Jackson & Sons Construction Company will provide labor, equipment, materials for the replacement 'of approximately 40 linear feet of sanitary sewer located at Curlew Drive. 1) Labor and Equipment: $14,500.00 2) Materials: $ 300.00 3) Replacement: $~ 100. 00 Total Estimate: $16,900.00 The construction could commence on Monday, November 30th provided notice to proceed is issued by Tuesday, November 24th, :1.992. Yours truly, V~ fvL- Thom;s~ackson . \~ Pro) ec1: 11anager TAJ:ah W. JACKSON & SONS CONSTRUCTION co. 1888 NW. 21st street, PompoM Beoch. FIO~:do 33069. N. B~oword (305) 973.3.,.')6') I $. B;oword (305) 920-0111/ Fox (3<..'15) 960-1679 TllTAL F'. 03 . " 11/23/92 10: 11 1:/ 407 689 1369 BEL VWERE' CONSTR 14l 02 ._.........,=.=.... . .. 'mrot'l o6ul- .p~g:. ~:>. .h_.._~~....... Pages '''', 1)-). j~,<, ";, 'I I BELVEDERE CONSTRUCTION CO. 1\' P. o. BOX 15107 I WEST PALM BEACH, FLORIDA 33416-5107 II L----.. ,~'o_-----""(=l\ G Ab .'"-J''''' ""a'. _..., ___'-:;~ne (40~~~~~'534.~ i P\'\OPOSA.L SUBMITTED ,0 ~";'l,.n: eorge ou- aou e Pt-lONC (lATE: I City of Delray Reach 243-7335 \ 11-23-92 fiTRl;E;T ..-. .. h'" . .....-.. _. JOB NA~'-----' .._-- 1- I 434 South S\'iinto~. Avenue ______. .._. _ .., .~lia(;e.~~.~_f!.<:..~5_~~y.~irs _.' 111, I CITY, STATE AND ~IP CoDE JOB I.OCATION I Delray Beach, FL. 33444 Delray Beach I ARCHITECT -. ENGINE:ER--- - I DATI, rj~' PLANS ..... -----...... - --.--.--.., ,106l1'1I0NI: '11 If "'0. N/A .._... On" .... N/1\:~._...=_===~-_.. _.~ _...._.:=;;:_~' ! 1\ I WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOllOWING; 11 i I'/'EM ... ITEM ...- _'n."_ -.0 E'STIMATlil.l UNI;' 't::';;~~ Ii NO. I)UANTITY PAlel AMOUNT !I .. - .- --..-...... . ..--...-- ..-.-....-..... , If Belvedere will furnish all neuessary labor, equjpmcnt and material to complete ~ emergency repairs at the following locations. ~ Ii I 1. 727 pine Lake oriv(. ~ The Hamlet 1 L.S. ~l jO,OOO.OO II 2. 803 Meadowlark Lane-Country l>1en(low 1 ],.S. @ 2B,OOO.00 I 3. Curlew & AlbaLros-Tropic Pnll1\cs 1 L.S. @ 25,000.00 II . .. II $83,000.00 Ii 1: \>Je have two crows available to start tOJ\ion:o\.,r it notl.fied today. Tho only deltly "! would bo one week delivery on preuust La be built per Delray Specifications wlliett 'I would hinder sta.rting in the Hau\let and country 1-1ano1'. 1\ I .1 r Ii 11 Ii \i I :1 I I ~.. - --- ., .,..-..,.... ""'-". ---. .,. -.~.. \ I Poyment to b. modo for work p..rformed upon prennt"tlon of our involc.., 1 n th~ ...v~nt th.r. ;1 (1ny d%ult in ond tho '! ! lOll1e h ph,~.d in tho hond. of On lIttolney lot tQl\,~'lo... tho own.. h", ~by e.g',,,,, \0 poy oil Clll' of co\leelion "dy,f 'il .-~ - ...., All materIal's guaranteed to be ~$ speeltl&o. All ,""ark to be cornpll)\cd ,1'1 .', workmonllke n'I8nn&1 a~~ordlllg to standard pracllco$. Any 01\&,IIIIC1I1 (1I I, devla!lol\ tram above speclflc3\1ons Involving extra cusls will be executed ii only upon wrItten orde,s, an.;! will become an extra ch~r99 OVOl and .b')ve -. , the estimate. All a9..9001onts contingent uP"" sidhU. accid9nts 01' aol.ys I bllyonlZ 01," corl!,ul. Owner to ca...y tne, tornado ana other noc&su,y In. surance, Our workors aro fullY (:uvErred by Workmen's Compons.!ion Insuronce. ~':df';t_. ... __., ~_.- .-. ------- .-.' .. J\,CCftltUt\U of 1arotlo&ttl _ r 1r r The above mlc9s, spocltlcatlons and conditions ara satltlactory and are hereby acc9ptoll. ......n... ar" olJlho, !;lgnMuro -.-------..- ..--------. t"ilOti \0 11(\ ,nn wod( At; 'o~dfl~l'1 '. J - 0 JOHNSON.DA VIS INC. HEAVY CONSTRUCTION ~M"'.ua.;><.:. UNDERGROUND UTlUTIES 604 HILLBRATH DRIve LANTANA. FLORIDA 33452 .oW7.588-1170 November 23, 1992 Mr. George Abou-Jauode City of Delr~y Beach Environmental Services 434 S. Svlinton Avenue Delray Beach, Florida 33444 RE: SANITARY SEWER REPAIR VARIOUS LOCATIONS Dear ~rr. Abou-Jauode, Per our meeting of Friday November 20, 1992, the enclosed is our proposal for each repair. The following are special provisions common to all. - density testing is included - manhole painting and fabric wrapping is included - F.R. mater to assist in compaction is to be supplied at no charge - air testing is not included - vac-truck to be provided by City at time of final connection - bypass pumping is included - permit fees are to be waived - asphalt, sod, sprinklers, concrete driveway restoration is included If we may be of service please contact our office. SJ,J jpmc Encl. -------,. '. , 23,' (12 11: 2.1 'B:.lOi 585 5252 .JOH~SO\-D:\.nS raJOO3 ... . *1 - MANHOLE # 16 SYSTEM 88 - COUNTRY MANOR - replace lO' deep manhole - replace 13' 8" vep W!PVC SDR 35 in 2 directions - replace service lateral - restore as required L U~1P SUM.. _ . . . . . . . _ _ . . . . . . . . . . . . _ _ . . . . . _ . . . . . . . . . $18 r 8 8 5 . 0 0 #2 - MANHOLE # 35 SYSTEM 56 - RN1LET - replace 10' deep manhole - replace 13' lOh VCP W/PVC SDR 35 in 2 directions -- restore as required - repair patterned concrete driveway 1< 4 to 5 houses will loose access during construction. LUMP SUM......................................... NO BID #3 - MANHOLE # 157 - 153 A - TROPIC PALMS _ replace 331 i 8" VCP! W PVC SDR 3 _ restore as required - LUMP SUM.................... - . . . . . . . _ . . . . . . . . . _ . . NO DI D I '. d.\ " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~y MANAGER SUBJECT: AGENDA ITEM ~ ctI\ - MEETING OF NOVEMBER 24. 1992 REPORT OF APPEALABLE LAND DEVELOPMENT ACTIONS DATE: November 20, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period November 16, 1992 through November 20, 1992. The following actions were considered during this reporting period: Planning and Zoning Board: -Authorized the temporary closure of Flame Vine Avenue at Lowson Boulevard. Site Plan Review and Appearance Board: -Approved the architectural elevation plan for cabanas associated with the redevelopment proposal for Veteran1s Park. -Approved the architectural elevation and landscape plans associated with a new model addition for Windy Creek. -Approved the architectural elevation plan in conjunction with the addition of a second window for drive-through service at Miami Subs (former Bojangles Restaurant). -Approved the site and landscape plans in conjunction with the construction of an Arby1s Restaurant. The architectural elevation plans were tabled. -Denied an amendment to the master sign program for Albertsons Shopping Center to accommodate the use of a national logo color for the TCBY Yogurt flat wall sign. -Approved an amendment to the master sign program at the Shoney1s site to accommodate a sign package for the M.A.B. Paints store. Historic Preservation Board: -Granted a Certificate of Appropriateness in conjunction with facade changes for a single family residence at 247 Royal Court. '. " . ~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: _DAVID T. HARDEN, CITY MANAGER (~~~~UaM- THRU: D ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING l:/Jm.~ o1~ FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF NOVEMBER 24, 1992 REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 16, 1992 THRU NOVEMBER 20, 1992 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of November 16, 1992, through November 20, 1992. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it pro v ides 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 November 16, 1992 thru November 20, 1992 Page 2 PLANNING AND ZONING BOARD MEETING OF NOVEMBER 16, 1992: A. Authorized (6 to 0 vote) the temporary closure of Flame Vine Avenue at Lowson Boulevard relating to the Pines of Delray Subdivision. No other appealable items were considered by the Board. The following agenda items which were considered by the Board will be forwarded to the City Commission as separate agenda items: * Recommended denial (4 to 2 vote) of the proposed amendment to the Waterford/Delint SAD/DRI in conjunction with the Builders Square development proposal. * Recommended approval (6 to 0) for the abandonment of Alleyways lying within City Blocks 44 and 52 associated with the tennis center. * Recommended denial (4 to 2) vote of the abandonment of a portion of Via Verona, located within the Verona Woods Subdivision. * Reviewed and commented on the O.R.C. Report for Plan Amendment 92-2. * Recommended changes (6 to 0 vote) to the Decade of Excellence, CBD Alleyway Improvement Program with respect to deleting Block 60. * Reviewed and commented on the proposed amendments #1 to the C.R.A. Plan. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF NOVEMBER 18, 1992: : 1- Approved the architectural elevation plan (for the cabanas) associated with the redevelopment proposal at Veterans Park, located the northwest corner of Atlantic Avenue and the Intracoastal Waterway (Vote 5 to 0). 2. Approved the architectural elevation plan and landscaping plan associated with new model additions for the Windy Creek development which is located on the north side of Atlantic Avenue, west of High Point Boulevard (Vote 7 to 0) . '. . City Commission Documentation Report of Appealable Land Use Items November 16, 1992 thru November 20, 1992 Page 3 3. Approved the architectural elevation plan in conjunction with the addition of a second window for drive-through service at the Miami Subs (former Bojangles) located within the Delray West Plaza, at the southeast corner of Atlantic Avenue and Military Trail (Vote 7 to 0). 4. Approved the landscape plan in conjunction with the construction of a Wendy's Restaurant within the Boca Rey Plaza which is located at the southeast corner of Linton Boulevard and Military Trail (Vote 7 to 0). The site plan and architectural elevation plans were previously approved. 5. Approved (7 to 0 vote) the site plan and landscape plan in conjunction with the construction of Arby's Restaurant within the D.B.O. Acres Subdivision, Arby's Restaurant is located immediately east of the Kentucky Fried Chicken restaurant. The architectural elevation plans were tabled in order that the applicant readdress the scale of entry feature and color of the building. 6. Denied an amendment to the master sign program for the Albertsons Shopping Center to accommodate the use of a national logo color for the TCBY Yogurt flat wall sign (Vote 7 to 0). 7. Approved an amendment to the master sign program at the Shoney's site to accommodate a sign package for the M.A.B. Paints store (Vote 6 to 0). No other items were considered by the Board. HISTORIC PRESERVATION BOARD MEETING OF NOVEMBER 18, 1992 B. Granted a Certificate of Appropriateness in conjunction with facade changes for a single family residence at 247 Royal Court (Vote 5 to 2). No other appealable items were considered by the Board. However, the following agenda item required Board action. * Granted a Certificate of Appropriateness for business sign at the Oak School at St. Paul's (vote 7 to 0). RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map '. LOCA rlON MAP fOR CITY COMMISSION MEETING Of NOVEMBER 2-4. 1992 L-30 CANAL Q ~ w ~ :I ... Z :I w 0 > ID <C ~ Z 0 0 !Z Ill: i III LAKE lOA ROAD @ ... ~ ~ u "W2ST i .... Il< ~ 2 ATlA" C @ SW2ST t; w <C ~ ~ Q g ~ III . ~ ~ 2 :I Ii: LOWSON BOULEVARD 8@ ~ w @ UNTO" BOULEVARD 2 0 X @ @) Zl w Il< 0 Z 0 u L-31 CANAL S.P.R.A.B. ITEMS: P. c!c Z. ITEMS: 1. - VETERAN'S PARK 2. - WINDY CREEK A. - CLOSURE or fLA~E VINE 3. - ~IA~I SUBS @ DELRA Y WEST PLAZA N 4. - WENDY'S H.P .B. ITEMS: - .. BOCA REY PLAZA 5. - ARBY'S 0 OBO ACRES B. - 247 ROYAL COURT CITY OF DELRAY BEACH, FLORIDA 6. - TCBY YOGURT PLANHING DEPARTWENT 7. - ~AB PAINTS . " MEMORANDUM ~~l:; __ TO: MAYOR AND CITY COMMISSIONERS ~ r /:Hd93 FROM: ~ITY MANAGER '1B SUBJECT: AGENDA ITEM i - MEETING OF NOVEMBER 24. 1992 DEDICATION OF RIGHT-OF-WAY DATE: November 20, 1992 This item is before you to consider dedicating land from Veteran's Park to N.E. 1st Street in order to accommodate a parking area adjacent to Veteran's Park. As presently exists, the parking area straddles the park land and the adjacent right-of-way. In order to be constructed without a significant departure from the City's development codes, it is necessary to include the totality of the parking area within the right-of-way. At the September 3, 1991 special meeting, the Commission considered a waiver of the development standards regarding back-out parking at Veteran's Park. At that time the City Attorney advised that the waiver action was not appropriate. It was suggested that the Commission replat the Veteran's Park site with the parking spots placed into the right-of-way. The Commission consensus was to ho ld the parking area on 1st Street in reserve until such time that the need is determined, after which the matter would be brought back to Commission for review and direction and to install if deemed to be appropriate. At the September 22, 1992 regular meeting, the Commission awarded the bid for construction of improvements at Veteran's Park. That approval included the parking area. If the Commission desires to proceed with the parking area a re-plat must be processed and approved prior to the completion of the construction. The re-plat action would be ministerial in nature, and thus, not subject to denial. Additionally, a waiver of the perimeter landscape requirement and Special District Boundary Treatment requirements is required. A detailed staff report is attached as backup material for this item. '. \ ... , C I T Y COM MIS S ION DOCUMENTATION TO: QD T. HARDEN, CITY MANAGER FROM: . ~oJC*,D~~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 17, 1992 ISSUANCE OF DEED, ADDITIONAL RIGHT-OF-WAY FOR N.E. 1ST STREET (PARKING FOR VETERAN'S PARK) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of transferring land from the description of Veteran's Park to right-of-way for N.E. 1st Street. The purpose of the transfer is to facilitate the provision of on-street parking which may be used in conjunction with Veteran's Park. The affected land is a strip, 10' x 204', on the south side of NE 1st Street, commencing just east of the driveway entry to Veterans Park and running eastward. See attached exhibit. BACKGROUND: This item is before the City Commission in order to proceed with a portion of the Veteran Park redevelopment, pursuant to Commission action on September 22nd. At that meeting, the Commission granted an award of contract including "Alternate 1" which provides the construction of parking along the south side of NE 1st Street (Minutes of 9/22 are attached). As presently exists, the parking area straddles the park land and the adjacent right-of-way. In order to be constructed without a significant departure from the City's development codes, it is necessary to include the totality of the parking area within the right-of-way. The most efficient manner to do this is by deed. Ob1ections Raised: Attached is a letter, dated October 8th (copy attached), from Roy Foster in which he raises an objection to proceeding with installation of parking along NE 1st Street at this point in time. Also attached is the City Manager's response which responds to five specific questions raised by Mr. Foster. '. City Commission Documentation Issuance of Deed, Additional Right-of-Way for N.E. 1st Street (parking for Veteran's Park) 4 Page 2 Previous Considerations: In response to Mr. Foster's inquiry, a review of the project's history was undertaken. That review is reported the Director of Planning's file memo of October 19th (copy attached) . In brief, by direction given on September 3, 1991, construction for the subject parking area was to be put on-hold until a need was determined and then, to have the item brought before the Commission for further review. ADVISORY BOARD CONSIDERATION: Since the Veteran's Park development is a site plan action, only the Site Plan Review and Appearance Board is involved in the review/approval process. At its meeting of June 10th, 1992, SPRAB discussed the situation and noted that while shown on the site plan, the parking area was not to be apart of the approval. Their formal action excluded the area along NE 1st Street for parking purposes but did include the landscaping of the area (see attached excerpt of the landscape plan). FACTORS FOR CONSIDERATION: Determination: Prior to granting the deed, the City Commission should make a finding, pursuant to its direction of September 3, 1991, that there is a need for the parking. Code Implications: If the deed is granted and the pro j ect goes forward as currently proposed, two code deficiencies will be created. One is that the perimeter landscape requirement of ten feet ( 10' ) will not be met -- a five foot (5' ) strip will be provided. The other is Special District Boundary Treatment requirements [4.6.4(E)] which require a fifteen foot (15' ) landscape area (or 10' area with a 6' wall or 4 1/2' hedge) on the CF boundary abutting residentially zoned property. In both cases, a non-conforming situation will be created since the granting of the deed follows approval of the site plan. While not common, this practice has been exercised during the review and approval of private development applications. The result of the deeding the property as right-of-way will place all of the parking wi thin the street section. As such, the approval of perpendicular parking lays with the City Engineer. " , City Commission Documentation Issuance of Deed, Additional Right-of-Way for . N.E. 1st Street (Parking for Veteran's Park) Page 3 , I i ALTERNATIVE ACTIONS: Given the above background and analysis, there appears to be two courses of action available to the City Commission. They are: 1- Find that there is a need for additional parking in the vicinity of Veteran's Park, authorize the Mayor to execute the deed, and direct the Administration to accommodate appropriate modifications to the previously approved site and development plan. 2. Proceed with the direction as given in September, 1992, defer action on the parking situation at this time, and direct the Administration to remove Alternate 1 from the previously approved award of bid. RECOMMENDED ACTION: Commission discretion. , , , Attachments: * Deed * Location map of the area to be deeded * Roy Foster letter of October 8, 1992 * City Manager reply letter of October 18, 1992 * Minute excerpt, CC meeting of September 22, 1992 * File Memo (Planning Director) dated October 19, 1992 * Minutes excerpt, CC meeting of September 3, 1991 * Approved landscape plan * Construction plan showing inclusion of parking T: CCVETPKG. DOC " f ( " '. i 1 n-.rtl ,. ~ Pi''''''''- .:. ,I "..,., I . 'i ~ - '~""'~ ;''*7 . -0 ~ ,r/~ ~~ .. '.' ,. ~q ~ ~ r~'~. lo. ~ ~. ", ..~.: ' ",' . ':., ~""~..... I' '. ~"S.~ .'. ,.,'.. . . " . . ~ ~ ~ . -' '4 " - ,~~ ~,~ ." . '" ...... . ,', ~ , - .... ~ ~~ . . , . n' ", ' " ~ .., :, ~ .. - ::-.. . .- - . ... ii;:-.... " . "~'.__.,~n~~..;.,/:::\~ I.,r' - - -.'\ /"",~,r~'-- I . _ ~r/V--- " . ~..v.'''WN<"f: ~~I;Z ~ I '~;, , ,-;r;:;';=-~ 0 -= '-- n N.vrl v, I ~ . .~ I ~~ (f/r;!!~_t)._._.__ <2__ --1- ~ .~ ~ ~ """, . l:S ~ _. . , , ~ I ~ ' N..'" ~ ~ 1,,-- -. -,-..---- '\ ~ - . ~ ~ ~ j !'r .... "\ ~ I ~ ~ .' .... ~ .,." 'a" I ~ "... ~ ~ ~ ~.~ I ..~ ~ " ~ ~ ."\ ~ ~~ .Ill .'\ ~ '. ~ ~ ., ~ ~ \'.' LAW u g ,:t) Jof/t. /if/ t::: C..t' (/ ~ r ~ ~ . ~:~. ? ' ,.,,; ~ ~ , /. ~ ~ . ::'t .?~ ~ ~ '-1 t ()..~ ~\.'.. "~ ~ . I' 'V l!I ',\:1 .~ f ~... " ,1/./, /(!O ~ ~~ ,~,.'" .' .( ,'" I." . . ~ ~ ,'. ., o . , ~ ''''.' " '1 .) tb ' ~ 6J -lit. ~ ;.. '>. I '~'~,.:, t \). I ~iJ9 "i ,j~ :.'" . .~ ~ .~,~ J .'\ ! ., 'i ~ . ". . ~ ; ',~' . " fI... t. I .,:. .-'. ~ - \" .. I . · I ~~"~' ~ ( .;~ I l , ~ ~, , . ~ ~ "., /' . /~IJ.J.';;' '. r / . -- .... . -- - . . . .:: -:.." I ., " .,' -'"_..J . I . , . C-'/i'J.. "'-1' .1 . , " "1- . I :' .' i il .;..': .~; ,I . I" .(p ';'..... i'" ... -- : .1:.l j-- - -. -,-':" - - -- - - ~- ~ :.'.- - ~~:__=-=-c. c: --".~ - --~ '::.~. !: )., __ . ~ ,.~,. , 4. ~. J # : I .' . . . _ ~__--.._~~_ ----c- ..---.-,--..__--.._~--~-t.---c.---L ~ , ../ . ,,;., :'kila- t,~t ( ,~-A/('.:'./ 14",,( - ~':.... I C'~A/,-". I . VAVI r I IS'iIIa Alr...rAf' . ."'7~e-c . I :' ! I}: -~ r,,'jr. (,> r. 1 -,.,~ 1['11"- t'. .~. I ,,~ lOt '. ~. ;. ~ . I N.d.1'--. r- ":.- L. '-'" J ~ I""U"", ~"'~"'<f~-~'. ~ l. If)' ~, . _--.:...::.. . ~ r,SI"'",. ~. -I'/'~'I ~ \" , ,. ~# ~ ~ ~~ ~4~~1 ~ . -~. 4~ ,. - ,'r . "(" A ~__ ... ~ ~__.... - t " 'I~ I "', ,"' :11 --- ~! ---., . . October 8, 1992 t,lj:::CL:.:IVFCI . 1"'- '-' - ' - OCT 9 \992 Javid T. Harden, City Manager, CIIY ~.i"Nk~;:,~'q OFFICE. Delray Beach, Florida Dear Mr. Harden: Thank you for your reply to my letter of June 4th. I'm shocked that the commission are going back on their word NOT'to turn 1st Street into a parking lot unless it is proved imperative. It's sad that our city's democratic process finds it so easy to reverse a decision when a -handful- of residents are affected. Given the voting power of "King's Point" I'm sure there would have been an entirely different scenario. It appears that certain members of the commission are determined to persecute the residents. As Arnold Mouw said, -Just to knuckle under to a group of residents because they use N. E. First Street as a personal parking lot is not right". I assume he is directing his rhetoric at the residents of Park View - who are nearly all elderly retired ladies. This combative attitude leaves us no alternative but to pursue the issue. If possible, I would first prefer to meet with you to discuss the situation. If not, would you, or staff, please answer the following questions: 1. When were the park building bids discussed, and accepted, by the commission'? 2. What and when is the next stage in the adoptive procedure for the plans and the building budget'? 3. What is the legal process for a waiver and re-plat to accommodate the parking and back-out requirements'? 4. Wil~ this waiver and re-plat set a precedent for future city planning'? 5. What time-frame is required to legally object to the proposals'? Thanking you for your co-operation. Si~Y' ~W . R. H. ::tr 825 N. E. First Street Delray Beach, FL 33483 Tel: 265-2296 '. \-..";)~ , \ - [IT' DF DELAA' HEAEM 100 N.W. 1st AVENUE . DELAAY BEACH, FLORIDA 33444 . 407/243.7000 If' ,.,~ = ~ ~ ~""'IID 1 - , n {".."! .'.\4.. _ _ ..;l I October 19, 1992 I ..~ ".- f I ~<;'. '~'U C = :- ~~ l'Jn Roy H. Foster ." -. , --"NING P' . :\'\"" ", . '. . 825 N.E. First Street L;~ \ ~ . .~ l ~ .-: '. ~ ~ - '. , Delray Beach, Florida 33483 Re: Your Inquiry of October 8th Re N.E. 1st Street Parkinq Dear Roy: The following is provided in direct response to the five questions posed in your letter of October 8, 1992. 1- When were the park building bids discussed, and accepted, by the Commission? - Response: The award of bid occurred at the City Commission meeting of September 22, 1992. A copy of the relevant portion of the minutes is enclosed. 2. What and when is the next stage in the adoptive procedure for the plans and the building budget? Response: There are no further actions to be taken by the City Commission in order to go forwarded with construction. However, I have directed our Engineering Department to notify the contractor that he is not to proceed with the parking improvements along N.E. 1st Street (Alternative Bid Item) until further authorization is provided. This authorization would occur once the necessary land use approval has been obtained (see next response). 3. What is the legal process for a waiver and re-p1at to accommodate the parking and back-out requirements? Response: Since discussions in September, 1991, it has been determined that the waiver process is not appropriate. Thus, in order to proceed in a proper manner, the City would dedicate the land which is to be used for parking purposes as additional right-of-way for N.E. 1st Street. . This can be accomplished by a plat or by deed. In either situation, the final action rests with the City Commission. T..- c:-_~~~ ^, ,.., ".' 1\" '---~r To: Roy H. Foster . Re: N.E. 1st Street Parking , Page 2 - 4. Will this waiver and re-plat set a precedent for future City planning? Response: This action is not precedent setting but it does affirm our position to p~oceed through publ ic channels in .....- projects undertaken by the City i.e. seeking appropriate approvals prior to actually doing work. Another aspect, that of other than parallel parking within rights-of-way is not precedent setting in that such parking exists along A-I-A, N.E. 1st Avenue, and elsewhere in the City. 5. What time-frame is required to legally object to the proposals? ,,\~~esponse: The time to object further is when either the ~ replat or dedication deed is before the City Commission. ~. ~ The act of approval of the dedication instrument is ~ .fI necessary in order to proceed without violation of our ~' municipal codes. As of this time, I do not know when the ~~. item will be before the City Commission. ~\9~ At the present time, our staff is lookinq further into the ~ process which we will pursue. Once that is decided and a ~ tentative date for City Commission consideration is set, I will , so inform you. As a part of our documentation which is prepared for the Commissioners, I will include your letter and a history of previous comments. - I trust that this information is responsive to your inquiry and is sufficient for the time being. Sincerely, U~(J.<-<~ David T. Harden City Manager DTH/dlm c: David Kovacs, Director of Planning Ralph Hayden, City Engineer Joe Weldon, Director of Parks and Recreation DJK/CMFOSTER.DOC .. . . . , , - Records System Software - Fire Department - in the amount of $17,000, with funding from Fire Computer Equipment/Installation (Account No. 001-2311-522-60.57). Assistant City Manager Barcinski responded to a ques- tion by Mr. Randolph regarding the inflated price of $40,000 in his backup memo d~ted September 17, 1992, by statins that if the contract should be bid today, it would be $40,0-00, but A. L. Roarke is honoring the $17,000 as originally bid. Mr. Randolph moved for approval, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A.(8.R.5.) Veteran's Park Redevelopment. The Commission is to consider an award of contract to Dutch Construction Company in the amount of $440,069 which include~ Alternates 1, 2 and 3, with funding from 1987 Utility Tax - Veteran's Park (Account No. 333-4151-572-61.42), General Construction Fund - Redevelopment Veteran's Park (Account No. 334-4126-572-61.63) and Decade of Excellence Bond Issue (Account No. 225-4126-572-61.63). Mr. Mouw stated the $440,069 (includes Alternates 1, 2 and 3) does not agree with the backup material in the amount of $440,059; it also states that $440,059 inc~udes Alternates 2 and 3, but not Alternate 1. The City Manager stated Alternate 1 is the additional parking on the north side of the park, at a cost of $1,300; the recommendation from staff was to award, with Alternates 2 and 3. Mr. Mouw moved to award the Veteran's Park development to Dutch Construction Company in the amount of $441,359, includ- ing Alternates 1, 2 and 3, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 9.A.A.A.A.A.(8.B.) Acce~tance of Grant Fundin9. The Commission is to consider accepting a grant in the amount of $25,000 from the Palm Beach County Sports Authority to help defray the City's expenses associated with the Virginia Slims Tennis Tournament and authorize Mayor Lynch to execute the associated grant agreement. The City Manager stated that the City Attorneys have negotiated a number of extensive changes in the agreement and, upon discussion, it has been agreed to return this item to the agenda of October 13, 1992. 9.A.A.A.A.A.A.(8.R.6.) Currie Commons Park Redevelopment and Miller Field Expansion - AGB Capital Properties. Inc. as follows: -8- 9/22/92 . PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: ~LE PROJECT 91-148, VETERANS PARK /' / , )~j~~ FROM: AVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING DATE: OCTOBER 19, 1992 SUBJECT: EVENTS RE PARKING ON N.E. 1ST STREET AT VETERANS PARK July 16, 1991: * City Commission (C.C. ) worksession review of conceptual plan, including parking along N.E. 1st Street, consensus to move forward. August 27, 1991: * Public Hearing re waiver to code requirements pertaining to back-out parking, into a right-of-way. Request made for additional information. Continued to September 3rd. September 3, 199i: * Special C.C. meeting. City Attorney rules that the waiver process is not appropriate. C.C. direction as follows: -- design to accommodate the parking: -- hold construction until a need is determined; -- come back for direction if it appears there is a need; -- staff to assess the situation pertaining to use of right-of-way for exclusive parking in the area. June 10, 1992: * SPRAB meeting to consider final site plan: -- Foster provided letter of concern regarding parking along 1st being shown on the site plan. -- Staff report noted that the parking was "designed in" but was not to be constructed, per 9/3/91 C.C. direction. -- Architect stated that the parking was shown per direction of the City but is not a part of the submittal. -- SPRAB approval included deletion of the parking area (as a part of the current consideration). '. . september 22, 1992: * C.C. meeting, award of bid. The parking was bid-out as an alternate. A low value was received. The C.C. authorized award of the bid with the parking alternate. september 23, 1992: * Contractor is not to commence work on the parking area until given further authorization. This direction was provided by the City Manager at the Department Head meeting following the City Commission meetlng. October 8, 1992: * Letter from Roy Foster objecting to proceeding with the parking area given previous assurances that a need would be determined prior to going forward. October 19, 1992: * Letter from Harden to Foster laying out the current situation and process to be followed. Items to Consider in Proceedinq with the Parking: 1. Verify survey of street, right-of-way, etc to determine that the resulting parking configuration (per the Veterans Park plans) .will meet acceptable specifications for perpendicular parking. 2. Verify that the proposed landscape treatment will still work and remains acceptable. Identify any increase in costs associated with a change to the landscaping. 3. Identify changes to the irrigation plan. Should be a further deduct. 4. Note that curb stops or a continuous curb needs to be installed ... impact upon drainage, beneficial impact as it pertains to the remaining landscape area. 5. Consider use of a deed for dedication of right-of-way instead of platting. See LDR Section 2.4.S(L)i also, definition of a minor plat. 6. Realize that a non-conforming situation will be created with respect to boundary relationship between the CF and RM properties. 7. Realize that a non-conforming situation will be created with respect to the depth of the perimeter landscape area with respect to the sidewalk to the south, at least along the east end. 8. The question/issue regarding the legal status of parking spaces on the north side of the street (N.E. 1st) should be addressed. - 2 - . SEPTEMBER 3, 1991 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, September 3, 1991. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz Mayor Lynch called the meeting to order and announced that this meeting has been c.alled for the purpose of considering the following: 1. Waiver of Development Standards Regarding Back-Out Parking and Perimeter Landscaping for Improvements Proposed at Veterans Park. .' The City Attorney stated there are three letters from Ms. okes on this issue. One of them was regarding the requisite standards for granting the waiver. It was her contention that 2.4.7 (B) (2) of the LDRs sets forth certain criteria for the granting of this type of waiver. It is his opinion that 2.4.7(B)(2) is not applicable, as it is only available where there is no other avenue of relief. Unfortunately, the same conclusion must be reached with respect to the ability to waive this particular ordinance pursuant to Section 30.15 of the Code of Ordinances. He explained, if a situation should occur where a variance is available through the Board of Adjustment, the other two provisions of the ordinances are inapplicable. Therefore, he feels the waiver for these development standards is not properly before the Commission tonight. However, the basic question before the Commission is, shall backout parking remain in the configuration that has been discussed. He concurs with Mr. Kovacs, Planning Director, that the property can be replatted and the proposed parking spots placed into the right-of-way. The basic issue consists of replatting to extend the right-of-way on N.E. 1st Street so these particular parcels will not be on City prop- erty, but rather on the right-of-way. The waiver would not be an effective method to accomplish this; however, a replat would be a technical solution to arrive at the same point as would be accomplished by a waiver. Mr. Kovacs commented that a technical way to do this would be to ask the Commission (as the property owner plus project applicant), if "'lackout parking is still something they would like to pursue on that ction of 1st Street and, if so, the architect should be so directed. _i this is not what is wanted, then it will be designed accordingly. . . Mr. Mouw expressed concern regarding what appears to be the use, by private owners, of the public right-of-way on the north side of N.E. 1st Street, for the people who live in those apartments. Discussion followed regarding the parking and whether or not it is critical to the park. The Commission concurred in reserving the space, designing everything around it and using it when the need is demonstrated. The Commission concurred to go with the proposal as is, with the parking on 1st Street to be held in reserve until such time that the need is determined, at which time the matter will be brought back to the Commission for review and direction to install if deemed to be approp- riate. The Commission further concurred to direct staff to check into the legal situation with respect to the right-of-way on 1st Street (i.e. , private use of public right-of-way), and work toward underground utility lines in the park. 2. Accept a Settlement Offer in the Amount of $4,000 to Settle the Wagner vs the City of Delray Beach Case. Mr. Mouw moved for approval of the settlement offer, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch declared the meeting adjourned at 7:40 P.M. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of September 3, 1991, which minutes were formal- ly approved and adopted by the City Commission on . -2- 9/3/91 I fr'l... ~ r~ ~ I .- HS J 2 >( I.... 2 ( NO ' 9 . 2 J r R 'r 33 ' I LAY ) : ( .... .. .J I - I f . C - , ( ! . , , I , - . I -SWUFFLEBOA'RD -- -.----~ I - --- .-"-,_.- - - - -- - ._.- - --.. .- ..... .----------- .. . - - -~- -- -- - -- ---. I -- _. . --, ,----------- I 0 I " - .-- - -_.. -- .... -.--- --- -_..- -. --.- - -.--. -- -- - - -- - -_. -- t- ill ill (l I t- O) t- O) - . I ill <(9 . Z ~~ -....I " : L Al1N BOWL ING ~ ~ , I ! I ~ ~~ ~ 0 i I 98 ~ I I ~'" ~ () ~~ 0 '(~ ~ <f) '. 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I I :i~ SHUF ~ -too J6JiI) ~ . J ~ u)oo. · .. I 0:: xt. I a LrJ _. . . J 1 ' UCI) - 0:: ) - i r ,;. I LrJ .:) " . . · J I 1.1 . U 0 ~ , ..... I' <tU · · .-' JI~~ ~C) · · . . . . . . . . . . . .. - . ~. I mz · · I c: - - .1 F ro{ ...J .' J-LrJ J. Q · I ~.' 0 Iii ~~ EXJST1NQ . \0' . ~ T ' ~'J w :r...J ECFEA.K W '> g~ 0q 'f II~ l; ~ ~ g.'~ . .-. _' " ~ N . . . oC ) 8lJlL..DINQ ~ 9.i '" 1~' en , =- <t. '" . n 'J ~ _~ .' cot ~1 I ~ ~ ~Bl, ~ I j . ;...<J .~ '. I!::: A.:f ~ I.... . ~~. u.j..... . ,;::;. ,,, ,-' . J . v J J~ ' . I ::- I Z 1. 1 I I. LAWN 80WLJNQ . f , I · · J .r. r ': I . · ___ _ . " I J~'-I!~ I ----. ---- -~. I f'f '~r I . · J ~ _ L.. _' J ~ . 'rEXISTING 16" FM. (TO BE A8ANOONfO) ';.. "Ill ~ t '. ~ M.H. No.3 . . r I . . T _ J _ 'r 'I'. . I - I . r""--",. .. . . . .. . . . . . ..: 'iii .J.":. I It'" ~-4' I \ I UI-' - -1' I I I ,....1 I I 1.____.1 _ J t .--' -,... 0'.." .~"Y Y I J 1.~~~~...... L1~~R9~oSEO I I ....,~.....;~,~..:r -- - - -=-- LI FT STATION I ~ I .' -:- ISLO PE S ~..:a. ~ y' _ _ '" BY OTHERS (SEE I ~BULKI1e:IlJ~WlllK IlWIlY" ~ - - - l, PlllN BY PROfESSIONAL I rf EXISTING '. ..A.. ^ ~... ~J/8. PER ;ROM 1 ill 1'ENGINEER CONSULTAN ( . -- . """.A OOT. ~ l INC., J08# DB 04 -, .--,..-^-.----- PLANNING AND ZONING DEPARTMENT MEMORANDUM - TO: DAVID T. HARDEN, CITY MANAGER . ~~\ J ~cn~ FROM: "'--DAVID J. KOVACS, 01 TOR DEPARTMENT OF PLANNING AND ZONING DATE: NOVEMBER 13, 1992 SUBJECT: SUPPLEMENTAL DOCUMENTATION *** MEETING OF NOVEMBER 17 RE: PARKING AT VETERANS PARK/N.E. 1ST STREET I have been informed that it may not be appropriate to convey property from Veterans Park for right-of-way purposes by deed. Another approach is that of processing are-plat. While this is a preferred method, it was not initially recommended because of time constraints and costs. However, if it is the only appropriate avenue, it can be pursued. Not withstanding the above, I recommend that the matter of parking at Veterans Park/N.E. 1st Street remain on the City Commission agenda so that an affirmation to proceed with Bid Alternative #1 or to proceed with the direction of September 3, 1991 is provided. There may be a waste of funds and time if we proceed with preparing a re-plat and then receive direction not to proceed with the parking. Also, such changes may be more costly, in terms of change orders, the further we get into the construction program. Alternative Recommended Action: If the City Commission desires to proceed with Bid Alternative #1, at this time, my previous recommendation would be changed to be conditioned upon are-plat being processed and approved by the City Commission prior to completion of the construction project (instead of direction to proceed with the deed approach). Comment: The alternative stated above is consistent with allowances granted to private development projects when considered on a case-by-case basis. Also, the re-plat action by the City Commission is ministerial and, thus, not subject to denial. DJK/dlm DJK/SUPDOC.DOC '. . . ,," MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM if: ~C - MEETING OF NOVEMBER 24. 1992 RESOLUTION NO. 130-92 DATE: November 20, 1992 This is a resolution vacating and abandoning a 80 foot by 125 foot portion of the Via Verona right-of-way. The southern 125 feet of Via Verona is vacant and unimproved. In 1958, an easement was granted for Via Verona to provide access from Germantown Road to Andover Section III. In 1991/92, the easement was being used by trucks and other construction vehicles during the construction of the Andover subdivision. Subsequently, the City received a complaint from City Federal Saving and Loan, which owned the Verona Woods subdivision. In response, the City posted "NO THROUGH TRUCKS" signs at the intersection of Germantown Road and Via Verona. In February 1992, the City received another complaint from the owners of the Andover subdivision claiming that the City was obstructing their right to use the ingress/egress easement. In order to remove the City from this issue, staff is recommending that the right-of-way be abandoned. The right-of-way would then revert back to the Verona Woods subdivision and will be considered private property. Based upon a.s-built plans and responses received from utility providers, there are currently Florida Power and Light, drainage, water and sewer facilities within the right-of-way. A utility easement will be required for the entire area to be abandoned. Additionally, if any structures are proposed in this area in the future a hold harmless agreement will be required from the owner of Lot 42. The Planning and Zoning Board at their November 16th meeting recommended denial of the abandonment on a 4-2 vote; and recommended that the Commission direct that the "NO THROUGH TRUCKS" signage at the intersection of Via Verona and Germantown Road be removed. The Board's recommendation was based upon the appropriateness of the action as opposed to a need for the right-of-way for public purposes. It should be noted that during consideration it was generally acknowledged that the right-of-way could, otherwise be abandoned since it is not a planned connector road; is unused and not improved; and will not diminish rights relating to the underlying easement. Recommend consideration of Resolution No. ~ .Au-6tJ# !it ~ t.j - / (c//JJ79SfJodIJ ) dt "SSE/) 71 /1::j . --.-- _ ._W .d,._,. ,....__~,,__ ____._._n. ___,._ "'_.._"'___,_,,_, ._0_____-.'_-- -- - _._-~-- _..,-----~- -,-------,-" ___W_.. ____~_.__._ __ __...n_n._..____ ________.._.__.._______...._. RESOLUTION NO. 130-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE VIA VERONA RIGHT-OF-WAY LOCATED AT THE SOUTH END OF THE PARK PLACE DEVELOPMENT (FORMERLY VERONA WOODS) , AND BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, is the owner of an 80 ft. by 125 ft. portion of.the Via Verona right-of-way, as shown on the Plat of Verona Woods recorded in Plat Book 53, Pages 155 and 156, Public Records of Palm Beach County, Florida; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interests of the City of Delray Beach to vacate and abandon said portion of the right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.102(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property: A parcel of land in Section 30, Township 46 South, Range 43 East, being a portion of Via Verona; as shown on Verona. Woods, according to the Plat thereof as recorded in Plat Book 53, Pages 155 and 156, Public Records of Palm Beach County, Florida, and being more particularly described as the South 125 ft. of Via Verona as recorded in Plat Book 53, Pages 155 and 156, Public Records of Palm Beach County, Florida Section 2. That this resolution shall not become effective and shall not be recorded until such time that a replacement easement, for existing utilities, is provided over the area which is to be abandoned. PASSED AND ADOPTED in regular session on this the 24th day of November, 1992. ~~ ,. MIJ9fOR ATTEST: () t.~ 'O)J1'~ J1; flV //r!ily City erk . . . ""' y w ''''' ...:::::: - .. LINTON LW.D.D, CANAL LATERAL . ~'\ ~~ I I ~. o{( . . ~~. >V '" L\C'~ --..;:--- I - p'?f\\.I'5 ~ I ~ ~~ 1== LAKE ~ ~~~tl?A.f" ~ eE~IA ~~ ~~~ . ~'~ (~~, ~ 7 ~- . ~ 'C~RNAnON ~ - . ~~ \ 111\" r - ~ ~ \.'cAEN,K~ ~-'" -( ~~ ~.- ~ - SALERNO W., I ............ ~ f!:- r------ ~ -............ ......... ~ ill _ I ............ ~ \; f\ ~ ~ [;c -,.., ~ . -I'-- X d f5 U m ~ ~ ;C ~ - liS 0 Ie ~! SAN RfilO WAY ~ . ~ ~ 3i ~ l--- ctl ~ ~ 01/ ~ ~ ."" w'v 4111"A ~;\ LATERAL L-J7 r \ \' _I ~\ JII I-(,~ -~l rH'jr , '\ I '1 " _ ~ 1-) Ll j ) r::.t - ~ "(:/"-C ./ I VIA VERONA I 1)1 C)- ~ '" . , I /1\ , ,.'^.....- , C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER THRU: FROM: II SUBJECT: MEETING OF NOV~MBER 24, 1992 ABANDONMENT OF A PORTION OF THE PUBLIC RIGHT-OF-WAY KNOWN AS VIA VERONA ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of an 80' x 125' portion of the Via Verona right-of-way. The subject right-of-way is located at the south end of the Park Place development. Park Place (formerly Verona Woods) is located south of Germantown Road and west of Homewood Boulevard. BACKGROUND: During the last few years there has been a dispute as to rights of access and the relationship between the Via Verona right-of-way and an underlying easement which gives certain rights to what is known as the Andover Phase III development. In researching this matter, the City Attorney's Office noted that there is excess right-of-way at the south end of Via Verona and that it would be appropriate to have it abandoned. This item was initiated administratively and is being processed. Please refer to the attached Planning and Zoning Board staff report for a more in-depth discussion of the background and for an analysis/assessment of the request. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of November 16, 1992. Mr. Tom Fleming, representing interests of the property owner to the south (Andover Phase III) provided further background and requested that the abandonment . City Commission Documentation Abandonment of a Portion of Via Verona Page 2 not be approved. On a 4-2 vote (Beer and Kiselewski dissenting), the Board recommended DENIAL of the abandonment; and further, that the Commission should direct to have the "NO THROUGH TRUCKS" signing at the intersection of Via Verona and Germantown Road removed. The Board's recommendation was based more upon the appropriateness of the action as opposed to a need for the right-of-way for public purposes. In essence, the Board felt that the abandonment of the Via Verona right-of-way would not solve the problems (dispute) which exists and would only serve to "muddy the waters". During consideration it was generally acknowledged that the right-of-way could, otherwise, be abandoned since 1) it was not planned as a connector road; and, 2) it is unused and unimproved. In addition, the abandonment of this section of right-of-way would not diminish rights' relating to the underlying easement. ALTERNATIVE ACTIONS: l. Deny the Administration initiated request for abandonment pursuant to the recommendation of the Planning and Zoning Board. 2. Approve the requested abandonment subject to the following conditions and waiver: * That a replacement easement, for existing utilities, be provided over the area which is to be abandoned. * That the requirement for consummation by platting be waived. RECOMMENDED ACTION: Commission's discretion. Attachment: * P&Z Staff Report - T:VERONACC.DOC '. ~ PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPOAT --- MEETING DATE: November 16, 1992 AGENDA ITEM: IV.C. ITEM: Abandonment of Via Verona , / n N - ---- GENERAL DA T A: OWner........................City of Delray Beach, Florida Agent........................David C. Harden, City Manager Location.....................Via Verona right-of-way, south of Germantown Road. Property Size................O.230 Acres City Land Use Plan...........None (roads do not have Land Use Designations) City Zoning..................R-1AAA (Single Family Residential) Existing Land Use............Via Verona Right-of-way (unimproved) Development Proposal.........To be consolidated with adjacent . single family parcel to the west. Request......................Abandonment of the southernmost 80'x 125' right-of-way for Via Verona. 'T , ~ ,..... . I T E M B E FOR E THE BOA R 0 : The item before the Board is .the review and recommendation of the abandonment of an 80' x 125' section of right-of-way known as Via Verona. The subject right-of-way is located south of Germantown Road and west of Homewood Boulevard. B A C K G R 0 UNO : On June 12, 1986 the. subdivision plat for Verona Woods (developed and now known as Park Place) was recorded in the Official Records Book of Palm Beach County. The Verona Woods subdivision consisted of 42 single family lots, two (2 ) water management tracts, and five (5) publicly dedicated streets (Salerno Way, Calabria Way, San Remo Way, Genoa Way, and Via Verona) . There is an easement, which corresponds to the 80' right-of-way known as Via Verona, which was granted in 1958 to provide access from Germantown Road to the property which is known as Andover Section III. In 1991/92, the easement was being used by trucks and other construction vehicles during the construction of the Andover subdivision. In response to complaints made by City Federal Saving and Loan, which owned the Verona Woods subdivision, the City posted "NO THROUGH TRUCKS" signs at the intersection of Germantown Road and Via Verona. In February, 1992, the Andover Partnership, which oversees the adjacent Andover Subdivision, contacted the City Attorney's Office and claimed that the City was obstructing their right to use the ingress/egress easement. The City Attorney's opinion is that once the Via Verona Subdivision was platted, the subdivision plat took precedence over the ingress/egress easement and therefore the City can regulate traffic on the public streets within the subdivision. The Andover Partnership does not concur with this opinion. The southern 125' of Via Verona is vacant and unimproved. To effectively remove the City from this issue, that portion of the right-of-way is to be abandoned. Based upon earlier Florida court cases, at the time that the right-of-way is abandoned it will revert back tQ the Verona Woods subdivision and will be considered private property. The issue of transversing the area will then be an issue for the owner of the private property to deal with. .. P & Z Board Staff Report Via Verona Abandonment Page 2 A BAN DON MEN T DES C RIP T ION : The area to be abandoned is approximately 125' x 80' . To the north and west of the right-of-way there exists the Verona Woods Subdivision. To the east is 'the Woodvue Subdivision and to the south is the Lake Worth Drainage District's L-37 Canal. ABANDONMENT A N A L Y S IS: Based upon as-built plans and responses received from utility providers, there currently are FPL, drainage, water, and sewer facilities within the right-of-way. Due to the abundance and proximity of these facilities an easement will be required over the entire area to be a~andoned. Also, in the future if any structures are proposed in this area a hold harmless agreement will be required from the owner of Lot 42. Further, pursuant to Code Section 2.4.6(0)(3)(e), abandonment of rights-of-way are to be consummated by a replat of the property to be abandoned and the receiving property. However, due to the fact that all of the facilities within the right-of-way wi~l have a replacement easement and there is virtually no development potential on this site due to the number of facilities, this requirement should be waived. R E 0 U IRE D FIN 0 I N G S : Before any right-of-way abandonment can be approved the following findings must be made: A) That there is not, nor will there be, a need for the use of the right-of-way for any public purpose. With this right-of-way being vacant and an easement being provided for the existing facilities, there will not be any public need for this right-of-way. B) That the abandonment does not, nor will not, prevent access to a lot of record. This right-of-way dead-ends at the north boundary of adjacent Lake Worth District Canal No. 37, thus no lots of record take access from this portion of right-of-way. C) That the abandonment will not result in detriment for the provision of access and/or of utility services to adjacent properties or the general area. As an easement will be required for the FPL, drainage, water, and sewer facilities no detriment for the provision of utility services will occur. Lots to the south, within the Andover Section III Subdivision, take access via a private street system. . . P & Z Board Staff Report Via Verona Abandonment Page 3 ASS E S MEN T : There is no public need for this excess right-of-way. There has never been a planned extension of the right-of-way into the Andover development, an easement will be provided for all existing utilities, and no lots take access from this portion of right-of-way. Also, with the legal questions that have been raised concerning the ingress/egress easement, the City Attorney's office has advised that the best way to protect the City would be to abandon the City's interest in this portion of the Via Verona right-of-way. R E COM MEN D A T ION : By motion, forward a recommendation of approval for the abandonment of the southern 125' x 80' of the Via Verona right-of-way, s~bject to the following conditions: * That a ~ep1acement easement be provided over the entire area to be abandoned for the existing utilities within the Via Verona right-of-way. * That the platting requirement be waived. Attachments * Location Map and Reduced Plat T:VERONAPZ.DOC . .. . .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: ~GENDA ITEM ~ '11) - MEETING OF NOVEMBER 24. 1992 CHANGE ORDER NO. 2/TUTTLEIS DESIGN BUILD. INC. DATE: November 20, 1992 This is a change order in the amount of $5,654.80 to the contract with Tuttle1s Design Build, Inc. for modifications to the landscape plan for the Congress Avenue Beautification project. The modifications include deletion of two trees due to the reconfiguration of medians by Palm Beach CountYi installation of additional plant material along the guardrails on either side of a canal and pump enclosuresi and replacement of a dead Royal Palm killed as a result of high winds from Hurricane Andrew. Recommend approval of Change Order No. 2 in the amount of $5,654.80 to the contract with Tuttle1s Design Build, Inc. i with funding from 1987 Utility Tax - Congress and Lake Ida to Atlantic Avenue (Account No. 333-4141-572-61.32). .. . . . , . Agenda I tem No.: 'AGENDA REQUEST Date: 11/17/92 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 11/24/92 Description of agenda item (who, what, where, how much): Change Order #2 for Congress Avenue Landscaping, Bid #92-02 Tuttle's Design Build, Inc. Increase $5,654:80 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval Department Head Signature: ~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~ NO Funding alternatives: (if aEPlicablf!A Account No. & DeS~ion: 333-4141-572.61.32 H-JfUT.-COJ . lAr.61 TO' Account Balance: A:Q. AV(; ~ City Manager Review: Approved for agenda: ~NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. . MEMORANDUM TO: DAVID HARDEN - CITY MANAGER ~ FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT SUBJECT: CONGRESS AVENUE LANDSCAPING - CHANGE ORDER # 2 - --- DATE: NOVEMBER 5, 1992 ITEM BEFORE THE COMMISSION: - - Approval of change order # 2 for Congress Avenue landscaping. The net increase to the contract amount is $5,654.80. Funds are still available from the account set up for Congress Avenue, # 333-4141-572-61.32. BACKGROUND The City requires that accumulative change orders to projects in excess of ten thousand dollars be approved by the City Commission. The first change order to the landscaping contract for Congress Avenue was actually for the installation of ten Royal Palms at the City's golf course in the amount of $15,000. Since the City had just competitively bid Royals through the Congress Avenue bid requests, the additional trees were added to that contract in an effort to save time and have the palms installed prior to last years golf tournament. Change order # 2 involves the deletion of 2 trees from the contract that could not be installed due to median configuration changes that were done by the County after the landscape plans had been designed. This change order also provides for the addition of plant materials along the guardrails on either side of the canal, the addition of plants to screen the pump enclosures and the replacement of a Royal Palm that was killed as a result of the high winds from Hurricane Andrew. RECOMMENDATION: Staff is recommending City Commission consideration of approval for Change Order # 2 for Bid # 92-02 to increase the contract amount to Tuttle's Design Build, Inc. by $5,654.80. '. ""It . ~ CHANGE ORDER No. 2 Date: September 30 , 19 92 Project 0: N/A Bid 11: 92-02 Project Name: Congress Avenue Landscapin~ Owner: CITY OF DELRAY BEACH, FLORIDA Contractor: Tuttle's Design Build, Inc. Address: 5100 State Road # 7, LAke Worth, Florida 33467 Contract Date: 1-15-92 To: Brian Tuttle - President YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE SUBJECT CONTRACT: Delete the following plant materials: 1 Live Oak @ $350 & 1 Raintree @ $150 = $500.00 Add the following plant materials: 15 Oleander standards, $1,500: 300 Dwarf Oleander $1,950; 104 Pittosporum $644.80; 1 Royal Palm @ $1,200.; 160 Bags of Mulch $360 = $5,654.80 - - which changes are more specifically described in the attached amended plans drawings and specifications. The reason for the change is as follows: Deletions due to median recon- figuration by P.B. County. Additions que to providin~ 1andscapin~ adi- acent to guardrail on both sides of canal, Pittosporum to screen pump enclosures and Royal Palm to replace one killed in Hurricane Andrew. The contract price and contract time shall be adjusted because of the change as follows: A. Contract Price 1. Contract price prior to this change order: $124,798.00 , '. . CHANGE OWNER 0 :ORD'ER ARCHITECT 0 - CONTRACTOR 0 < AI.(i:HxUMENt G701 FIELD 0 NIle.' OTHER 0 ro//'Ulfl?, e~mm/~:j/{)n dtfl'dl/d 1 c ha./1?e ~rder~ - .' . fle'ed fo he r() vi ed ~ ..;PROJBCT: Landscape Congress Ave. CHAN( (!ifrt Al/tJrner hI' df?/I'~lIdl '''(rWne, iddress) #92-02 .t". . " DATE: d.s -f~ For J'V1 I- .;), e.. FI ':'TO CONTRACTOR: City of Delray ARCH11 -10 (!'-'/y Cle,1'- FOI ,:' (~e, :address) 100 NW 1st Ave exec ",flon ):;'/ -I he Delray Beach, FL CONTR LlAd'/PI' . CONTR Nd j/J UZ Dt'v/f- The Contract Is changed :as fonows: EXTRAS TO CON~ 15 Oleander Standard 1500.00 300 Oleander Dwarf 1950.00 160 Bags of Mulch 360.00 DUE TO WELL DRILLERS ON ISLAND 4 129 r i t to:! pOrt!"' 7"".00 J6 BAgs of Mulch 67.S0 ~'{ USED FOR PUMP ENCLOSURES p~ t\- 05pcrv vV\ - edr-e... ,,~S I ~ 9.8'0 80 Pittosporum 496.00 DUE TO STORM DAMAGE 1 Royal Palm 1200.00 - "#.~' Not vlllcl until lI"neel by the OWner, Archltec1 and Contractor. . \V\CrU&~ II S,lqS~~80- The orJalnal (ConU2ct Sum)(Guaranteed MaxImum Price) was . . , . . , . . . . . . . . . . . . , . . . . . s 109,798.50 Hctdw1sebyprevlous1yauthorlz~ChangeOrders..,........."..,... . .....,..,.s 15,000.00 - The (Conuact Sum) (Guaranteed Maximum Prlce) prior to thJs Change Order W2S. , . . . . . . . . s 124,798.00 11lc: (Contract Swn) (Guaranteed Maximum Prke) wtI1 be (Incre2.Sed) (dccrca.~ed) 6,31'.50 (unchanaed) by ttus Change Order In the amount o( . , . . . , . , . . . . . . . . . , , , , . . . . . . . I 129,119.S0 The new (Contract Sum) (Guarantetd Maximwn Price) Includlng this Ch2J'\ge Order will be .. S 'The COntraCt Tbnc wUl be (Increased) (decre:ased) (unchanged) by unchanged ( ) d2y1. The date ot SubeWltlal CompletJon os of the date of this Ch2ngc Order th~rerore Is NOTE; Thlt lUmmary doee not rdlect ~ In the Contract Swn, Conlnct Time or Guaranteed MlIXlmum Price ~hlch have betn authoiiit\'S,UY-' ConstNetJon Change Dlrectlve. ARCKITICT 'T'11tt19' s OQsign, buil1:, CONTRACTOR WNER 5100 S.R. 7 A.ddreeI Addree$ Address BY BY 7it;~J467 BY 4 DATI DAn 9-14-92 DATI AlA DaCI...,. 0701 . CMAHOI 0111>1. · 198' aomoN · AlA. . Cl1987 · TNI lun'NN l'NlIT1'TUT! 01' ARCH/T!ets, 173' NEW YOIUC AVY.... N.'<<'.. WA.'HIN(:TON. [It': 2~ ,."n....... -...4 ~ . . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM :It <::tIE. - MEETING OF NOVEMBER 24. 1992 CHANGE ORDER NO. 3/JACK HARDY. INC. DATE: November 20, 1992 This is a change order in the amount of $90,197 to replace a water main, install irrigation sleeves, stop signs, paver blocks and associated grading/traffic maintenance in Block 109; and to construct a concrete curb, asphalt paving, sewer lateral, PVC conduit and paver blocks in Block 92 in conjunction with the CBD Alleyway Improvement project. These are changes to the existing contract which were requested by the CRA after the contracts were let. The contract completion date is also extended until December 15, 1992. The cost of the paver blocks, header curb and sewer lateral, approximately $16,619, will be reimbursed by the Community Redevelopment Agency. Final reimbursement amount will be determined upon final completion and measurement of actual installed quantities. Recommend approval of Change Order No. 3 to the contract with Jack Hardy, Inc. in the amount of $90,197 and which extends the contract completion date until December 15, 1992; with funding from Water and Sewer Renewal and Replacement Water Distribution Improvements (Account No. 442-5178-536-61.78) and Decade of Excellence Bond Issue - CBD Alley Reconstruction Phase II (Account No. 225-3162-541-61.43) . .. . , , , ,t,. I Agenda Item No.: . , J . . , \ - , AGENDA REQUEST - \,../ I Date: November 18, 1992 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: November 24, 1992 Description of item (who, what, where, how much): Staff requests City Commission to approve add Change Order #3 to Jack Hardy, Inc for CBD District Alleyway Reconstruction Project (91-53). Change Order #3 is for replacing a deteriorated 6" cast iron water main with a new 6" DIP water main in Block 109 I Also included in Block 109 are additional irrigation sleeves, stop signs, brick kt~lpaver blocks and associated grading/traffic maintenance per discussions with the f ~}J J .'.~ / Community Redevelopment Agency (CRA). In Block 92, construct additional c" clearing, grading, concrete curb, asphalt paving, sewer lateral, PVC conduit and brick paver blocks per discussions with the CRA. Amount of change Order #3 is $90,197.00 and extending the Contract completion date to 12/15/92. Funding Source shall be 442-5178-536-61.78 for the water main replacement in the amount of $10,585.00; and 225-3162-541-61.43 for the remainder of the work in the amount of $79,612.00. Approximately $ 16,619.00 of the $79,612.00 will be reimbursed back to the city by the CRA. This will be for paver block and header curb requested and per 4/7 . letter from Mr. Harden to Chris Brown of the CRA. Also included is a additional i d /, '. new sewer lateral for a new restaurant at RR st and Atlantic Ave lateral (10/29 letter attached from CRA). Final reimbursement amount will be determined upon ~, i final completion and measurement of actual installed quantities. ;. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation:_Staff Recommends approval of Change Order #3 incorporating the above revisions D~partment H~~~6 ~ If/; 9/9' Z- S~gnature: ~o__ --- 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: YE VNO Funding alternatives ~2S 3{b .JI . Account No. & Description 22.: PHI Iti? Sf) 7 ~count Balance ~ c'ty Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda.kt . . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 PROJECT NO. 91-53 DATE: PROJECT TITLE: Central Business District Alleyway Reconstruction Project TO CONTRACTOR: Jack Hardy, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct miscellaneous Clearing, Grading, Concrete Curb, Paving and Paver Blocks at Alley Block 92. At Block 109, Construct new 6" DIP Water Main, install stop Signs/Stop Bar (paint), 3" PVC Irrigation Sleeves, Paver Blocks and all associated Clearing/Grading. All work to be to be performed as itemized per attached schedule 'A'. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $483,771.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $103,051.84 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $586,822.84 COST OF CONSTRUCTION CHANGES THIS ORDER $ 90,197.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $677,019.84 PER CENT INCREASE THIS CHANGE ORDER 19 % - - TOTAL PER CENT INCREASE TO DATE 40 % - - EXTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT 12/15/92 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable. for Jack Hardy, Inc. (SEAL) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER 225-3162-541-61.43 $79,612.00 All other work Environmental Services Department $10,585.00 Water Main FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA By its City Commission RECOMMEND: By: Ralph E Hayden, Thomas E. Lynch, Mayor City Engineer ATTEST: APPROVED: By: CITY ATTORNEY CITY CLERK . . . Exhibit 'A' Project 91-53 CBD Alleyway Reconstruction Change Order #3 Block 92 and 109 revisions revisions through 11/17/92 -------------------------------------------------------------------------------------- Contract Item Description Quantity Unit Total Item No Price -------------------------------------------------------------------------------------- Block 92 Clearing & Grubbing/Earthwork/Maint of Traf 1 ls 11500.00 11500.00 18 Drop Curb 20 lf 5.50 110.00 20 Type '0' Curb 1300 lf 5.85 7605.00 21 Header Curb 1020 lf 7.25 7395.00 23 Pavement Reconstruction 3500 sy 8.90 31150.00 51 Concrete Wheel stops 48 ea 10.50 504.00 52 Parking Lot Striping 1 Is 500.00 500.00 Additional Layout and Survey 1 1s 950.00 950.00 22 Paver Blocks 240 sy 29.00 6960.00 10 Sewer Laterals 75 lf 20.00 1500.00 41 PVC Conduit 400 lf 6.60 2640.00 ------------ Subtotal Block 92 70814.00 Block 109 A Water Main Replacement 1 Remove existing 6" cast iron water main and install new 6" DIP w/fittings 275 lf 19.00 5225.00 5 6" Gate Valve 4 ea 350.00 1400.00 6" x 6" Tapping Sleeve and Valve 2 ea 850.00 1700.00 7 Water Service reconnect ion 100 lf 11.60 1160.00 Reconnect to 2" Galvanized main 1 Is 900.00 900.00 6" MJ Caps w/thrust blocks 2 ea 100.00 200.00 B Parking Lot Revisions Clearing & Grubbing/Earthwork/Maint of Traf 1 Is 3500.00 3500.00 Stop Signs/Stop Bar 2 ea 275.00 550.00 3" PVC irrigation sleeves 280 lf 6.60 1848.00 22 Paver Blocks 100 sy 29.00 2900.00 ------------ Subtotal Block 109 19383.00 Total Change Order #3 90197.00 ------------ ------------ '. . AGENDA BACKUP Exhibit 'A' Project 91-53 CBD Alleyway Reconstruction Change Order tf3 Block 92 and 109 revisions revisions through 11/17/92 .~------------------------------------------------------------------------------------ Contract Item Description Quantity Unit Total I tem No Price -------------------------------------------------------------------------------------- Block 92 Clearing & Grubbing/Earthwork/Maint of Traf 1 ls 11500.00 11500.00 18 Drop Curb 20 If 5.50 110.00 20 Type '0' Curb 1300 l f 5.85 7605.00 21 Header Curb 1020 If 7.25 7395.00 * 23 Pavement Reconstruction 3500 sy 8.90 31150.00 51 Concrete Yheel Stops 48 ea 10.50 504.00 52 Parking Lot Striping 1 ls 500.00 500.00 Additional Layout and Survey 1 ls 950.00 950.00 22 Paver Blocks (approx 166 sy is CRA) 240 sy 29.00 6960.00 * 10 Sewer Laterals 75 l f 20.00 1500.00 * 41 PVC Conduit 400 If 6.60 2640.00 ...-------..-.... Subtotal Block 92 70814.00 Block 109 A Yater Main Replacement 1 Remove existing 6" cast iron water main and install new 6" DIP w/fittings 275 If 19.00 5225.00 ** 5 6" Gate Valve 4 ea 350.00 1400.00 ** 6" x 6" Tapping Sleeve and Valve 2 ea 850.00 1700.00 ** 7 Yater Service reconnection 100 l f 11.60 1160.00 ** Reconnect to 2" Galvanized main 1 ls 900.00 900.00 ** 6" MJ Caps w/thrust blocks 2 ea 100.00 200.00 ** B Parking Lot Revisions Clearing & Grubbing/Earthwork/Maint of Traf 1 Is 3500.00 3500.00 Stop Signs/Stop Bar 2 ea 275.00 550.00 3" PVC irrigation sleeves 280 If 6.60 1848.00 22 Paver Blocks 100 sy 29.00 2900.00 * ------------ Subtotal Block 109 19383.00 Total Change Order tf3 90197.00 ------------ ------------ * = Items to be reimbursed back to the City by the CRA ** = Yater Main replacement items '. . I J>4>..~-. ':CD Community . . Redevelopment -a Agency Delray Beach October 29, 1992 Howard Wight, Construction Manager City of Delray Beach Engineering Division 434 S. Swinton Avenue Delray Beach, Florida 33444 Dear Howard: Pursuant to our conversation, please find attuched a sketch indicating the location of the 6" sanitary sewer lateral which we would like installed as part of the alleyway improvements. This new line is necessary since the defunct gas station at the comer of Railroad Street and Atlantic Avenue is converting to a restaurant and will need a grease trap system. If we can install the 6" lateral to the edge of our improvements now, we will avoid tearing up the new roadway later. The location which I have indicated for the line to end is in a proposed landscape area so that the property owner can attach it to his system when he is ready. If you have any questions, please call me at 276-8640. Thanks a lot. ~ours. R~nald R. H~~ CRA Redevelopment Planner 1M 0/ jMfU; tiT tv;) ,-' ;U '1ADtIJ ) Cc: v/N 1JJu j.ilJ}J I.l /NSJIJli # JjJil 207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 '. .. ~ ~/-:;I"v,~- CD Community ." ...~ , . Redevelopment IIJI'C) Agency EHV\Rm,n"Fln~\ sfnvlcES , Delray Beach 92 JUri -2 f\H \ j: 0 1 -"'E\VED Rt:.G. - May 27, 1992 RECEIVED Mr. David T. Harden, City Manager MAr 29.1992 City of Delray Beach CITy MAN. 100 NW First Avenue :tiGER'S OFFICE Delray Beach, FL 33444 RE: Alley Improvement #91-53 Dear David: Thank you for the opportunity on Monday, May 19, 1992, to discuss the reconstruction of the alley and parking lots on Blocks 92, 100 and 109. The Community Redevelopment Agency met on Thursday, May 21, 1992 and agreed to the following: 1. To pay for Items #1 and #2 listed on the attached letter estimate (curbing and paving). 2. To request that the DDA pay for Item #3 (light pull boxes). 3. That the City, as we discussed, pay for Item #4 (PVC conduit). We look forward to an outstanding project. Sincerel y, elV&J D~.,JI Christopher J. Brown Executive Director Enclosure 207 E. Atlantic Avenue. Delray Beach, FL 33444 (407) 276-8640 / Fax (~8558 . I ," ~;..---- ,..,......""aJ! Of DELORY DEA[H ;i; ,tj. ~'l r.' ~ Q l Q . If." 'I ,...., 1....1 ,1"\\:1 f.P II . , \ 1 , I) ... I 1 ~, "I - t 1 1 I I ~ 1111 )."". . ~ 1.' 1 , . ..". " ~ ... April 7, 1992 Mr. Christopher J. Brown, Executive Director Community Redevelopment Agency One S. E. 4th Avenue Delray Beach, Florida 33483 Re: Alley Improvement Project #9l..53 Dear Chris: \ We have received bids for the reconstruction of the alleys in the Central Business District, and we. have identified certain costs that should be paid by the CRA. These costs are for work you requested and are above the basic construction. The items that were rdentified in the bid are listed below: - 1 . Bid Item #21 - Header Curb (at Paver Blocks) (~) 260 LF @ $7.25/LF $ 1,885.00 -. .. 2. Bid Item #22 - Concrete Paving stones (Adjusted the cost of the paving stones to include credit from the cost of pavement reconstruction.) 645 (paving stones) @ $29.00/SY = $l8,705.00 = 5,740.50 (CI!r ) $l2,964.50 3 . Bid Item #40 - Street Light Pull Boxes (DP+ ) 15 @ $220.00 ea. == $ 3,300.00 4 . Bid Item #4l - PVC Conduit (Ele,ct,ri<r.al) 5 ,610.00 (Ctq-) 850 LF @ $6.60/LF MM{ (Y'Y17a~ Total = $23,759.50 Please remember this is a unit price contract, and the contractor will be paid for what is installed. These figures should be sufficient to cover the actual cost. A copy of the complete bid is enclosed for your files. Please make a check out to the City of Delray Beach for the total amount above. We will maintain records of the actual construction completed and will refund any remaining money at the completion of the project or ask for more funds, if required, as needed. I III r: I I (,,: I ^ 1\'1.\ , ' fVI .' , ! I ,~,. . . ---.J J/l' I I I I I I I ~ ID! 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C/J "1:J ~ - ~ - ~ '. ,.., , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: (ll6ITY MANAGER SUBJECT: AGENDA ITEM ~ ~ - MEETING OF NOVEMBER 24. 1992 CHANGE ORDER NO. 2/0LYMPIC INDUSTRIES. INC. DATE: November 20, 1992 This is a change order in the amount of $68,694 to remove an underground fuel tank located at Fire Station No. 3 and replace it with an above-ground tank, and for miscellaneous site work which includes paving, grading and landscape improvements. In order to avoid fines from the Department of Environmental Regulations this project is being done by change order as it must be completed by December 31, 1992. Recommend approval of Change Order No. 2 to the contract with Olympic Industries, Inc. in the amount of $68,694; with funding from Decade of Excellence Bond Issue - Renovate Fire Station #3 (Account No. 225-2311-522-61.59). .. . , Agenda Item No.: AGENDA REQUEST Date: November 17, 1992 Request to be placed on: __X__ Regular Agenda _____ Special Agenda _____ Workshop Agenda When: November 24, 1992 Description of item (who, what, where, how much): Staff requests city Commission to approve Change Order #2 to Olympic Industries, Inc. for the Public Works Complex Renovations (92-19) project. All work under this Change Order is at Fire Station #3 on Linton Blvd. Change Order #2 is for the removal of an existing 2,000 gallon underground fuel tank and installation of a new 2,000 gallon above-ground fuel tank and appurtenances. Also included are miscellaneous site improvements, paving and landscaping. Change Order #2 is for an add amount of $ 68,694.00. All work under Change Order #~ll be complete on or before December 31, 1992. Funding Source is 225-2311- -61.~ 57:1- $'1 ORDINANCE/RESOLUTION REQUIRED: YES@ DRAFT ATTACHED fi!;NO Recommendation: Staff Recommends approval of Change Order #2 for the additional work at Fire Station #3. Department He~ #(!J~ Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (~ed on all items involving expenditure of funds): Funding available: YES 0 Funding alternatives (if apPlicabFi & .Jf- Account No. & Description ~;-:r/~~ ~/.~ ThE- ~ 7>>Tr'ev 3 ~Account Balance City Manager Review, ~~ Approved for agenda: YE /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agenda19.doc '. . . . CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 PROJECT NO. 92-19 DATE: f/1'f'/92- PROJECT TITLE: Public Works Complex Renovations TO CONTRACTOR: Olympic Industries, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Fuel tank removal and replacement as well as additional site improvements for Fire Station #3. Scope of work includes removal of an existing 2,000 gallon underground fuel tank and installation of a new 2,000 gallon above-ground self-contained fuel tank including appurtenances. Work also includes miscellaneous site work, paving and landscaping. Work to be completed in accordance with plans titled "Fire Station #3 Site Improvements" Shts 1 and 2 of 2 dated 11/17/92 by the City of Delray Beach Engineering Department. Work to be completed for the lump sum amount of $ 68,694.00. All work under this phase of the Contract is to be completed no later than December 31, 1992. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $110,810.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 9,560.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $120,370.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 68,694.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $189,064.00 PER CENT ADD THIS CHANGE ORDER 12 % - - TOTAL PER CENT ADD TO DATE 71 % - - CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate. 0 , v-I _.AJ--O TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 225-2311-536-61.78 is FUNDING SOURCE DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: Ralph E Hayden, City Engineer Thomas E. Lynch, Mayor ATTEST: APPROVED: By: Citv Attornev Citv Clerk '. . FIRE STATION #3 FUEL SYSTEM AND PAVING CHANGE ORDER #2 Waste oil tank removal (est. 500 gal.) Fuel tank removal (2,000 gal.) Concrete slab removal at tank Fill and compact at tank removal New 2,000 tank with dispenser, 30' hose, hose retriever Tank slab/truck slab 3/4" rock around tank Light pole and fixture installed (light pole and fixture to be supplied by City) 4" x 6' bollards (4 each) Buttonwood hedge 6 ' chain link fence around tank ( 65 LF) Rolling gate Electrical service - from Fire station #3 to pumps 3/4" PVC water service and hose bib PVC conduit for future pole Fuel management unit (FMU) (power, telephone and pulsar) FMU installed with 100 keys Asphalt (new) 600 SY 1" type S-III asphalt overlay 1,681 SY Earthwork 6" x 18" type "0" curb ( 8 0 LF) Striping/car stops (5 each) Layout Total lump sum amount $68,694.00 HWCHOROR.MRM '. " DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID HARDEN CITY MANAGER THRU: WILLIAM GREENWOOD, P.E. ~ DIRECTOR OF ENVIRONMENTAL SERVICES FROM: RALPH E. HAYDEN, P.E.~ CITY ENGINEER "'tte:f.l DATE: NOVEMBER 17, 1992 SUBJECT: PUBLIC WORKS COMPLEX RENOVATIONS/FIRE STATION NO. 3 IMPROVEMENTS PROJECT NO. 92-019 BID NO. 92-55 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is an Agenda Request for the regular Commission Meeting on November 24, 1992, requesting approval of Change Order No. 2 for the referenced project to Olympic Industries, Inc. They are the contractor for the Public Works Complex Renovations Project and have submi tted Change Order No. 2 as the proposed site improvements at Fire station No. 3 for the amount $ 68,694.00. The Fire station No. 3 site improvements consist of the removal of an existing 2000 gallon underground fuel tank and installation of a 2000 gallon above-ground self-contained fuel tank including appurtenances. Work also includes miscellaneous site work, paving and landscaping. This work must be completed by December 31, 1992 in order to avoid fines from D.E.R. The funding source for this project is 225-2311-536-61.~. ~ RH:KB:kt Attachment cc: Ted Glas, Director of Purchasing Chief Koen, Fire Department File: Project No. 92-19 (D) Memos to City Manager KB9219.KT i' ,.;. ~ - E /PROP. UNE J1 I - - - - --L PROP. LINE / / ./ TANK AREA PLAN . r ,~~ ---- ,... " .4 ~...,..' .i"'i.--'-"""'''' '. . , (2) 2000 Gal. above ground dual containment oiesel fuel tank (Ultra ValJlt a. approved equal) with st<lndard diesel dispensing package and 30' retractable hose. Tank and apurtenances to be installed per manufacturers specifications and connected to the city fuel management system.(Shop drawings required) (3) 6" thick reinforced concrete elob (See detail eheet for technical specificatrons). o 3/4" washed rock buffer between slob and chain link fence. 6" thick with 4. mil visqueen between rock and subgrade. o Fiberglass light pole and fi~ture (See detail sheet for technical specificatrons). @ Bollards (Typ.) see deta~ sheet. @ Silver Buttonwood hedge, 24" on center, 30" min. height. o 6' high chain Ifnk fence. @ Electric service from Fire Station to pumps is to be sized to accomadate future pump. @ 3/4" woshed rock travel poth for rolling gote. e" thick with 4 mil visqueen between rock and subgrade. @ 6' high chain link rolling g<lte (Shop drawing required). @ 3/4' P.V.C. woter line from Fire Station to hose bib between tanks. @ Hose bib to be set 30" from top of slab and secured to tank side of bellard between tanks (See detail sheet for technical specific<ltions}. @ Future tonk location. @ e" thick non-reinforced concrete fueling pad (See detaD sheet for technical specifications). @ T)lPe "B" concrete joint. @ T)lPs "A" concrete joint. @ 2" electrical conduit for future light pole. @ Future Irght pole loc<ltion. @ Dispensing hose location. ::lfiU' ~ CITY of DELRAY BE ~ ~ ENVIRONMENTAL SERVICES DEJ 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOt . ~ . . rr=-- --~ -- -- PRO ""''"D ELECTRIC LINE TO lo z NE PV~P LOCA TlON ~ ~ W pU ~ 15' PROPOSED ABOVE GROUND (MINY FUEL TANK LOCATION ~ II (REFER TO TANK AREA PLAN I FOR AOOIT. INFORMATION) I I 2000 CES :,R, CONCRETE FUEL FILLING AREA ( SEE TANK AREA PLAN FOR DETAILS ) :.....'.;t: TYPE '0" CURB (TYP.) z cu I Cl CONe. tf 8 DR\\/E , :s: (COVERED --#--f-I, i'ARPU'RT) -- Ii! I W., . '0 ~'; l. ': c~~~~ \ DRAIN I',...J PIT I ~GRILL WOODEN .~DDlllON j A REA / 0 i I \ ~ NOTE: EXISTING ASPH, /1 OVERLA YED WI' I ' I EXISTING 1\ / ~ DELRA Y BEACH ,! \ FiRE STA TION #3 -,-/ , '/1 i I ,.,,.S O""'L... 1..(.;)' , ' I i I /J". be """'Iwt d ~ I II I , -, 8 1u // ~ / , / , I / i ! i . ~~ I i f l j , , '/' : '" I II CONe.' i / ~I DRIVE I / I I 9 '- li' /1 I i i' C:I'~N t.L ()V ,~~", I "/C' ~ / J lXJ / I ," \' "-'1' ~ .',', ': ~: c:; "- I SBT , H20 ,),'E~,~t:.-IJ..,'.E_ '- ' _....r- 5' CONe. SIDEWALK L I N T 0 NIB L V 0 \ ~. CC~'~ ;~R9 I ~ND ","TIeR "0 i' o n ' ~ ! , -~ '~ - 4- - ~ -r - ~ .--J ~ ' ~0 (GRASS ',...1 I W I, ,. LINTON LOCA TION MAP LEGEND I MEP I MA TCH EXISTING PAVEMENT CBS CONCRETE. BLOCK, STUCCO CONC. CONCRETE SBT SOUTHERN BELL RISER H2O WATER METER DBL DOUBLE <u, WOODEN OR CONCRETE POWER POLE IV GA TE VALVE [XJ ~ FIRE H YDRAN T ) BE A.C.S.C. OHE - -OHE-- V"JXj EXISTING PAVEMENT TO BE REMOVED I ~ PROPOSED ASPHALT PAVING I.' PROPOSED CONCRETE PAVING V~ EXISTING PAVEMENT '. . [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: November 24, 1992 To: Ci ty Commission . .//(I/l- From: Jeffrey S. Kurtz, City Attorney !;I/ Subject: Hodqe vs. the City of Delray Bea~ This case stems from an auto accident that occurred on July 16, 1989 at the intersection of Atlantic Avenue and S.W. 10th Street. Ms. Hodge was a passenger in the vehicle driven by Mr. Edward Tripp, which was struck by an eastbound police car driven by former Officer Weinblatt. At the time of the accident, Mr. Tripp had been attempting to make a left hand turn from westbound Atlantic to 10th Street. The Commission may recall that the City had previously settled Mr. Tri~s claim for injuries by paying him $28,000. Officer Weinblatt was terminated from the police department during his probationary period having had several automobile accidents during his first year with the City. As a result of the accident, Ms. Hodge has suffered a broken pelvis, claims neck and back pain, and has incurred approximately $10,000 in medical bills. She also claimed that she has been unable to work as a maid since the time of the accident. Prior to mediation on the morning of November 24th, Plaintiff had made a demand for $80,000. At mediation, attended by myself and Lee Graham, Risk Manager, we reached a settlement, subject to Commission approval, to pay Ms. Hodge $14,000. Through this settlement, all parties would release all claims they may have against each other, including the City's third party complaint against Mr. Tripp for contributory negligence. Settlement of this case, at this time, will allow the City to avoid the costs of securing an Independent Medical Examination and medical disposition testimony which would total approximately $3,000. Therefore, the Risk Manager and I recommend acceptance of the offer to settle this matter for .. - City Commission November 24, 1992 Page 2 paYment to Ms. Hodge of $14,000. Should you have any questions, please do not hesitate to contact our office. JSK:ci cc David Harden, City Manager Lee Graham, Risk Manager hodge.jsk ---- '. . CiTY ~TTORNEY'S OFFICE TEL No. 407 278 4755 Nov 19.92 12:48 P.02 ~ liT' DF DELHA' BEAEH CITY AnORNEY'S OFFICE <lllll NW 15I AVI-.NUF. . Dt:I.IV.T UI:;Al:t1. t'LORIDA 334<&. F^CSIMII.E 407/278.4755 w~~....'. D~..... L&..,.e (407) 243-7090 MIMORANDUM Date: November 19, 1992 To: City Commission From: David N. Tolces, Assistant City Attorn~ Subject: Elizabeth Hodge v. C1ty of Delray Beach Our File No. 05-91.025 Thia matter 1a to be mediated on November 24, 1992. Depending upon the outcome ot the mediation, an offer may be presented to you for acceptance. DNT: sh cc: Dav1d Harden, CIty Manager c~ryl Leverett, Agenda Coordinator .- q~ '. '" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ; CITY MANAGER SUBJECT: AGENDA ITEM # GU:I - MEETING OF NOVEMBER 24. 1992 CITY COMMISSION LIAISON ASSIGNMENTS DATE: November 20, 1992 This item was discussed at the November 17th regular meeting, at which time the Commission requested additional information with regard to the meeting dates and times of the advisory boards and committees, and outside agencies to which the Commission members serve as liaison. Review of these assignments were prompted by the resignation of Commissioner Andrews and the subsequent appointment of Ken Ellingsworth to fill his unexpired term. Attached as backup material for this item is a list of City Commission liaison assignments to the various advisory boards and committees, and outside agenc ies, as approved by the Commission at the March 26, 1992, organizational meeting. As requested, the dates, times and places of these meetings has been provided. Recommend review of City Commission liaison assignments and appointment of Commission members to serve as the liaison to the various boards and outside agencies formerly served by Commissioner Andrews. . . MEMORANDUM TO: Alison MacGregor-Harty, City Clerk FROM: Anita Barba, Board Secretary SUBJECT: COMMISSION LIAISONS TO BOARDS AND COMMITTEES DATE: November 18, 1992 The following is a list of boards and committees and the respective Commission liaisons and alternates: Board Commission Liaison Alternate Board of Adjustment Dr. Alperin Mr. Randolph lst and 3rd Thursdays at 5:30 p.m. in the Commission Chambers (as needed) Board of Construction Mr. Randolph Mr. Mouw Appeals Quarterly on the 1st Wednesday at 5:00 p.m. in the Commission Chambers Civil Service Board Mr. Randolph Mr. Mouw Meets as needed Code Enforcement Board Mayor & Commissioners to attend on 2nd and 4th Tuesdays an alternating basis at 1:30 p.m. in Commission Chambers Site Plan Review and Mr. Andrews Dr. Alperin Appearance Board Alternating Wednesdays at 6:30 p.m. in Commission Chambers Community Redevelopment Mr. Mouw Mayor Lynch Agency 1st and 3rd Thursdays at 6:30 p.m. at 207 East Atlantic Avenue (as of January 1993, the meetings will be held on the 2nd and 4th Thursdays) '. Board Commission Liaison Alternate Downtown Development Mr. Andrews Mayor Lynch Authority lst and 3rd Mondays at 12:00 noon at 207 East Atlantic Avenue Education Board Dr. Alperin Mr. Randolph 1st and 3rd Monday at 5:30 p.m. in 1st Floor Conference Room Delray Beach Housing Mayor Lynch Mr. Mouw Authority Monthly, third Wednesday at 5:00 p.m. at 770 S.W. 12th Terrace Historic Preservation Dr. Alperin Mr. Andrews Board 1st and 3rd Wednesday at 6:00 p.m. 1st Floor Conference Room Kids and Cops Dr. Alperin No alternate 1st Wednesday at 7:00 p.m. City Manager's Conference Room Public Employees Relations Mr. Mouw No Alternate Commission Quarterly; times are arranged; meets in Commission Chambers Planning and Zoning Dr. Alperin Mr. Andrews Board Worksession 2nd Monday at 6:00 p.m. in Planning Conference Room Regular meeting 3rd Monday at 6:00 p.m. Commission Chambers Planning Session 3rd Thursday or Monday (as arranged) at 6:00 p.m. in Planning Conference Room Police and Fire Board of Trustees No Liaison No Alternate 3rd Wednesday 2-4:00 p.m. in Police Chief's Conference Room General Employees Retirement No Liaison No Alternate Committee Meets as needed '. . , ~ Outside Agency Appointments: Agency Liaison Palm Beach County Municipal League Mr. Andrews, with Mayor or 4th Wednesday, 10:30 a.m.; location varies Dr. Alperin as alternate Government Center 301 North Olive Avenue West Palm Beach, FL (407-355-4484) South County Council of Governments Mr. Andrews with Mr. 1st Wednesday, 4:00 p.m. every other Randolph as alternate month; location varies Palm Beach County Beaches & Shores Council Dr. Alperin 2nd Monday monthly at 1:30 p.m. at Palm Beach County Engineering Department 5th Floor Conference Room 160 Austrailian Avenue West Palm Beach (407-355-4011) Metropolitan Planning Organization Mr. Andrews 3rd Thursday monthly at 9:00 a.m. at Government Center 301 North Olive Avenue West Palm Beach (407-684-4170) liaL doc '. [IT' DF DELIA' BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243.7000 December 5, 1992 Mr. Jack Horniman Executive Director Palm Beach County Municipal League P.O. Box 1989 Governmental Center West Palm Beach, FL 33402 Re: Voting Delegates and Alternates Dear Mr. Horniman: As requested, enclosed is the Designation of Voting Delegate and Alternates form from the City of Delray Beach, Florida. At the City Commission meeting of November 24, 1992, Mayor Thomas E. Lynch was designated the City's representative to the Palm Beach County Municipal League, with Vice-Mayor Jay Alperin serving in the alternate capacity. The action was passed by unanimous vote of the Commission in regular session. We would appreciate your forwarding general information concerning the Municipal League, including notice of meetings, time and location, to Mayor Lynch at the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, FL 33444. If you have any questions, please do not hesitate to contact me at 407/243-7050. Thank you for your cooperation. Sincerely, ~~~l!aJiv Alison MacGregor Harty City Clerk AMH/m Enclosure THE EFFORT ALWAYS MATTERS '. . DESIGNATION OF VOTING DELEGATE AND ALTERNATES PALM BEACH COUIft'Y MUNICIPAL LEAGUE In accordance with Article Four of the Bylaws of the Palm Beach County Municipal League, Inc. as amended on October 28, 1992, the governing body of Delrav Beach, FL took official Mame of Municipality action and designated the following voting delegate and alter- nate(s) to vote on behalf of the above-named municipality at any Municipal League meeting, special meeting and/or function: Mayor Thomas E. Lynch Vice-Mayor Jay Alperin . Voting Delegate Alterncite Alternate Alternate , Alternate Alternate , Alternate Alternate Alternate Alternate Action taken this 24th day of November , 199 2. .. - ~fir/- ATTEST: O~~IIo~ Clerk (SEAL) j ! ---,... . '. "'1 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM tt ICA - MEETING OF NOVEMBER 24. 1992 ORDINANCE NO. 63-92 DATE: November 20, 1992 This is first reading and public hearing of an ordinance adopting Comprehensive P Ian Amendment 92-2 pursuant to the provisions of the "Local Government Comprehensive Planning and Land Development Regulations Act" ,. Florida Statutes Sections 163.3161 through 163.3243, inclusive. Significant features of Amendment 92-2 include: -The Central Business District - Geographic Area of Exception (CBD-GAE) "Village Center" scenario. -Changes to the Traffic Network Map to update Level of Service standards, update roadway jurisdiction, and street name changes. -A Future Land Use Map amendment introducing industrial land to the area around the Series 20 wellfield. -Inclusion of railway entities and facilities in the inventory of facilities. -Inclusion of data and policies pertaining to the City Marina and Marina Enterprise Fund. -Funding source for repair and replacement of equipment. -Altering a policy in the Housing Element which referred to Blood's Grove. The Department of Community Affairs ( DCA) , Objections, Recommendations, and Comments (ORC) Report was received on October 8th. There were two objections and they centered upon the use of the Geographic Area of Exception approach to seeking a reduced level of service for the downtown redevelopment efforts. While both DCA and Florida Department of Transportation do no object to the merits and direction of downtown redevelopment efforts, they do have a problem with the City's methodology. To accommodate the objections raised by DCA, staff has proposed modifications to Amendment 92-2. Those items are addressed in the staff report attached as backup material for this item. The other items contained in Amendment 92-2 were approved as submitted. Recommend approval of Ordinance No. 63-92 on first reading. ~ 5-0 '. , II . ORDINANCE NO. 63-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 92 - 2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; INCLUDING AMENDMENTS TO THE GOALS. OBJECTIVES AND POLICIES OF THE PLAN. TRAFFIC ELEMENT, HOUSING ELEMENT, COASTAL MANAGEMENT ELEMENT, FUTURE LAND USE ELEMENT AND CAPITAL IMPROVEMENTS ELEMENT. BASED UPON AN ASSESSMENT OF TASKS ACCOMPLISHED, AVAILABILITY OF RESOURCES AND II NEW INFORMATION; INCLUDING CHANGES TO THE FUTURE LAND USE MAP; INCLUDING CITY BOUNDARY ADJUSTMENTS PURSUANT II TO ANNEXATIONS; INCLUDING AMENDMENTS TO PART IV. II !I "REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION"; AND INCLUDING TEXTUAL AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT. TRAFFIC ELEMENT, OPEN I SPACE AND RECREATION ELEMENT, FUTURE LAND USE ELEMENT , I AND CAPITAL IMPROVEMENTS ELEMENTS; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 92-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE. A REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 - ! 163.3243 known as the "Local Government Comprehensive Planning and Land Development Regulation Act; and, i/ WHEREAS, via Ordinance No. 82-89 the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency " II did prepare an amendment to the Comprehensive Plan entitled il "Comprehensive Plan Amendment 92-2"; and, 'I WHEREAS. the Planning and Zoning Board, as Local Planning Agency, I! following due public notice. held a public hearing on June 15, 1992. in accordance with the requirements of the "Local Government I Comprehensive Planning and Land Development Regulation Act"; and, :I ;1 WHEREAS, after the above-referenced public hearing, the Planning " and Zoning Board, as Local Planning Agency. recommended to the City I Commission that the proposed Comprehensive Plan Amendment 92-2 be i adopted; and. I I WHEREAS, proposed Comprehensive Plan Amendment 92-2 was submitted I to and r~viewed by the City Comuission; "uu, WHEREAS, followiu,!; due public notice, the first of two required public hearings on Comprehensive Plan Amendment 92-2 was held by the City Commission on June 23. 1992. in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and, WHEREAS, proposed Comprehensive Plan Amendment 92-2 was forwarded to the State Department of Community Affairs for review and comment on June 25, 1992; and, WHEREAS. a report of Objections, Recommendations and Comments has been received from the State Department of Community Affairs and s!lid report has been reviewed by the Planning and Zoning Board, as Local Planning Agency, and is the basis for modifications to the proposed Comprehensive Plan Amendment 92-2; and, . . WHEREAS, following due public notice. two public hearings were held on November 24. 1992, and December 1, 1992, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act", NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That the City Commission of the City of Delray Beach. Florida. hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 - 163.3243 known as the "Local Government Comprehensive Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 92-2". which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 92-2". Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence. or word by declared by a court of competent jurisdiction to be invalid. such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon the City's receipt of Notice of Compliance from the State Department of Community Affairs, pursuant to Florida Statutes Section 163.3184. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992. MAYOR ATTEST: :i :1 City Clerk 'i ;1 First Reading .j Second Reading I , I I 'I I ,I :1 'I " I I I i! '! ,I . . "-1;( ( , \.... 8'/'~1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ,/~ID T. HARDEN, CITY MANAGER f \ \~,~~~f ~ ~'uC_l~L- FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 24, 1992 ADOPTION OF PLAN AMENDMENT 92-2 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an Ordinance enacting Comprehensive Plan Amendment 92-2. This item has been scheduled as a public hearing with notice via a 1/2 page advertisement in the newspaper. This advertisement complies with statutory requirements which are unique to adoption of Plan Amendments. B A C K G R 0 U N D: This is the second Plan Amendment for the calendar year 1992. This Plan Amendment 92-2 was transmitted to the State Department of Community Affairs (DCA) following a public hearing held by the Commission on June 23, 1992. DCA conducted its review and communicated its findings via its Objections, Recommendations, and Comments (ORC) Report. For your information, a copy of the Transmittal City Commission Documentation is attached. It briefly identifies the items which are included in the proposed Amendment. The complete text of Plan Amendment 92-2 will be provided as an attachment at second reading. ORC R E P 0 R T RES P 0 N S E The only objections dealt with the method of handling our desire for relief from traffic level of service standards which would adversely affect our downtown revitalization efforts. Similar objections were raised by DCA and FDOT with respect to the Palm Beach County Plan Amendment. After meeting with DCA, FOOT, and the County our proposed amendment has been modified to seek an Interim Transportation Concurrency Management Area (TCMA) as opposed to a Geographic Area of Exception (GAE) . The proposed modifications are identified in the Response to the ORC Report, a copy of which is attached to this documentation. . City Commission Documentation Adoption of Plan Amendment 92-2 Page 2 There are two items of significance contained within the proposed revisions. One is a commitment to prepare and adopt a Transportation Mobility Element (TME). The other involves provisions for rescinding any development order which is issued in reliance for a permanent TCMA designation in the event we fail to adopt.. a TME. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and zoning Board formally reviewed this item at its meeting of November 16th. They have endorsed the ORC Report and have made a recommendation that the suggested changes to the Amendment be adopted. R E COM MEN D E D ACT ION: By motion, approval of the enacting ordinance for Comprehensive Plan Amendment 92-2 and first reading. NOTE: Another public hearing and second reading will occur on December 1, 1992. Attachment: * P&Z Staff Report & Documentation of November 16, 1992 * CC Documentation for Transmittal Hearing (6/23/93) DJK/CC92-2.DOC , > . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: NOVEMBER 16, 1992 AGENDA ITEM: V.A. Review of the ORC Report and Recommendations Regarding Plan Amendment 92-2. ITEM BEFORE THE BOARD: The item before the Board is that of review to our Response to the ORC Report for Plan Amendment 92-2. Associated with this review are proposed modifications to Plan Amendment 92-2, as previously submitted. The action to be taken is in the form of a recommendation to the city Commission regarding the above. BACKGROUND: The only point of objection to proposed Plan Amendment 92-2 deals with substitution of an Interim Transportation Concurrency Management Area approach instead of the Geographic Area ot Exception approa=h to our quest for relief from standard level of service requirements for our downtown area. The Response to the ORC Report provides a complete background analysis of the situation. As of the writing of this staff memo-report, the text of Exhibit "A" is being edited. Revsions/corrections will be provided on Monday. The salient aspects and requirements which are contained therein are highlighted in the response to the ORe Report. RECOMMENDED ACTION: By motion, recommend that the City Commission endorse the Response to the ORC Report and that the proposed modifications to Plan Amendment 92-2 be adopted. Attachments: . * Response to ,O~C-Report for Pla~ Amendment 92-2. .. '~ Report prepared b : , '. ,. \ .",' Reviewed by DJK o~U~/~} <'l.:",dL-. DJK/PZ92-2.DOC ~ p. ., / PLAN AMENDMENT 92-2 RESPONSE TO OBJECTIONS AND RECOMMENDATION OF THE ORC REPORT General: The Department of Community Affairs, Ob1ections, Recommendations, and Comments Report, (ORC) pertaining to the City of Delray Beach Plan Amendment 92-2 was received on October 8, 1992. There were two objections and they centered upon the use of the Geographic Area of Exception (GAE) approach to seeking a reduced Level of Service (LOS) for our downtown redevelopment efforts. While both DCA and Florida Department of Transportation (FDOT) do not object to the merits and direction of downtown redevelopment efforts, they do have a problem with our methodology. During preparation of the GAE, through the Palm Beach County process, DCA and FDOT prepared and adopted Administrative Rule 9J5.0057, Transportation Management Concurrency Areas (TCMA) . Both agencies recommend that our proposed Plan Amendment 92-2 be modified to comply with that rule. With respect to data and analysis, the material submitted with our GAE is adequate and meets all of the 9J5.0057 requirements, except for policies which commit the City to pursue a Transportation Mobility Element (TME). ORC Objections: OBJECTION "A" The proposed revised Traffic Circulation Element includes specific level of service standards (LOS) for Geographic Areas of Exception (GAE's). However, the revisions are not adequate for the following reasons (see also the attached objections from the Florida Department of Transportation for the City of Delray Beach and for Palm Beach County) Rules 9J-S.00SS(2)(a)I 9J-5.00SS; 9J-S. 0057; .9J-5. 007 (2) ; (3)(b); and 3 ( c) l- and (4); 9J-II.006(1)(b)4., and 9J-II.006(3), F.A.C.a a) The LOS standards for GAE's are not compatible to the maximum extent feasible with the FOOT LOS standards for roads and has not been coordinated with FOOT. b) The proposed GAE would add traffic to two ~oadways (Swinton Ave. and A-I-A) up to 10'. This will allow a permanent deviation from adopted LOS standards and will permit roads to become significantly more congested. The GAE methodology will also result in potential degradation of levels of service on the State Highway System. \ c) The proposed plan amendment does not include adequate and appropriate data and analysis to support or justify these LOS standards. d} The proposed amendment does not include adequate data and analysis to justify the increase in residential densities and commercial intensities in the caD or "Village Center". In addition, the amendment does not include a description of the availability of and for the increased demand in sanitary sewer, solid waste, drainage, potable water, traffic circulation and recreation. Staff Response: To accommodate the objections raised by DCA, the following changes are proposed to Plan Amendment 92-2: 1. Page 3, Item 2, Traffic Element, III-C-9 Inventory DELETE previously proposed text and insert "Inventory" text from Exhibit "A". 2. Page 3, Item 2, Traffic Element, III-C-9 Analysis DELETE previously proposed text and insert "Analysis" text from Exhibit "A". 3. ADD a new Traffic Element Map T-S, Interim T.C.M.A. This map shall show the boundaries of the TMCA with respect' to the street system and shall specifically identify "gateway" streets. 4. Page 24, Change "eAI" to "Villaqe eenter"i and DELETE t{)t tK-' eAI. 5. Pages 25 & 27, DELETE the material under Item 2 on Page 27 as it is duplicative of Item 2 on page 25. 6. Page 32, ADD a "diamond" with the following text: "streets within the Interim TeMA shall be allowed to function at LOS '0' pursuant to the provisions of Traffic Element Policy E-l.6." 7 . Page 33, DELETE previously proposed NEW OBJECTIVE (B-4) and POLICIES (B-4.1 & B-4.2) and REPLACE with GOAL AREA "E" and its supporting Objectives and Policies as contained in Exhibit "A". - 2 - ., The intent of the proposed modifications, and resulting Plan Amendment, is to establish an Interim TCMA and allow the City to progress on its downtown redevelopment effort while making a commitment to create a TME. The TME will look at all transportation related issues in a more unified manner including coordination with the TME which is to be prepared for all of Palm Beach County. The City TME will be prepared quicker than the County TME due to it being a more manageable project. Also, the Delray Beach TME will be a prototype for TMEs which will be needed by West Palm Beach, Riveria Beach, and others who sought GAEs and will seek Interim TCMA designations. The TME must be completed within 36 months and adopted (we intend to have an adopted TME within 18 months). If the City were to fail to adopt a TME, the Interim TCMA designation would become VOID and .any development relying upon it would be subject to being rescinded. OBJECTION B. STATE AND REGIONAL COMPREHENSIVE PLAN CONSISTENCY The proposed amendments ( Support Documents 1 and 2) do not adequately address and further the following State Comprehensive Plan goals and their implementing policies: Goal 16 (Land Use), Goal 18 (Public Facilities), Goal 20 (Transportation, and Goal 26 (Plan Implementation). Staff Response: Exhibit "A" has been prepared to be consistent with 9J5.0057 and, thus, the modified Plan Amendment 92-2 is in compliance with the above cited State Comprehensive Plan goals and their implementing policies. Attachment: Exhibit "A" DJK/T:ORC92-2.DOC - 3 - , DRAFT EXHIBIT "A" Changes to Plan Amendment 92-2 in Response to ORe {Adding Provisions for the Creation of a TCMA} ADD TO THE INVENTORY SECTION OF THE TRAFFIC ELEMENTa The Traffic Element of the City's Comprehensive Plan contains an inventory of items relating to the City's transportation systems. A new section to be added to the Traffic Element inventory section is found below. It replaces the language originally contained in Comprehensive Plan amendment 92-2 (Location: Page III, C-9). This new inventory information pertains to the intensification of the Downtown activities by way of the "Village Center" development scenario. The City has defined a "Villaqe Center" development scenario (see Future Land Use Element for a description of this qeographic area) for a portion of the Downtown. This area is also designated as a Transportation Concurrency Manaqement Area (TCMA). The TCMA concept is used in con1unction with the downtown "Village Center" development scenario to encouraqe qrowth into development patterns that support alternatives to sinqle-occupant automobile transportation. It is recoqnized that achievement of the proposed development intensities, densities and mixed use patterns which are, conducive to reducinq dependence on single-occupant automobile travel required a long-term strategy based on directing development into more intensive patterns coupled with an early and continued commitment to public transit and an accommodation and management of traffic conqestion. The City therefore finds that the creation of a TCMA enhances the long-term development and mobility goals of the City, specifically the downtown "Village Center" development scenario, and that these qoals are balanced, realistic and achievable. Justification a Rule 9J-5.0057, F.A.C., defines the intent of a Transportation Concurrency Management Area. This statement within the City's Comprehensive Plan re-iterates the TCMA intent and is consistent with said rule. DRAFT Page 1 DRAFT . ADD TO THE ANALYSIS SECTION OF THE TRAFFIC ELEMENTs Modification '1: The Traffic Element contains an analysis section pursuant to the requirements of Rule 9J-5, F.A.C., DCA Rule 9J-5.0057, F.A.C. Within the analysis section there needs to be created a framework for the institution of a TCMA. Part of that required framework includes the stating that there is a need for the establishment of a TCMA . The following section serves to accommodate the above by replacing the language originally contained in Comprehensive Plan Amendment 92-2 (Location: Page III, C-12). The downtown "Villaqe Center" development scenario ( see Fiqure L-8 in the Future Land Use Element) is generally bounded by West 1st Avenue, N.E. 4th Street, Federal Highway (U.S. 1) and Intracoastal Waterway, and S.E. 2nd Street. The development patterns planned for this area are shown in Table L-2a of the Future Land Use Element. The land uses shown in Table L-2a represent an increase in densities within this defined geographic area. Creation of the future land use densities will further the goals of this Plan through the long-term implementation of development and mobility needs in a balanced, realistic and achievable manner. This specifically includes that for developments within the TCMA, 27' of all traffic will remain within the TCMA area. Also, the existing grid system of streets in the downtown and surroundinq area allows external traffic to distribute usinq many alternate routes. This distribution results in traffic seeking and using alternate routes when routes become conqested. Finally, the increased land use intensities and activities in the "Village Center" may result in opportunities relating to Transportation Demand Management strategies for reducing peak hour traffic. One purpose of defininq this speCific area development pattern is to gain access to the flexibility relating to desiqnation of this area as a TCMA. The purpose of a TCMA is to encourage land use planning within a compact geographic area which enhances mobility goals with a balanced development scenario. This development pattern is to result in alternatives to the use of a single-occupant automobile trip for mobility needs. The City and the Community Redevelopment Agency (CRA) are committed - to development of the downtown area, more speCifically that area defined in Figure L-8 of the Future Land Use Element, which further the goals of the City relative to aChievinq a balanced, realistic and achievable development/mobility mix. The development likely to occur within the next 36 months within this downtown "Village Center area (identified as interim land use totals in Fiqure L-2a of the Future Land Use Element) may result in a temporary inability to meet adopted road concurrency standards. The City and CRA identify this as a possibility but, feel that redevelopment goals including DRAFT Page 2 DRAFT increases in downtown acti vi ties, employment , and downtown revitalization while directing development toward downtown and away from the suburban sprawl areas , out weigh said road concurrency standards. The ultimate land use mix for this qeoqraphic area will result in a balance between mobility and development, however, near term imbalances may occur. The city is desiqnating this downtown area as an interim TCMA to allow this interim development to occur. Justification: Rule 9J-5.0057(7), F.A.C., defines the requirements which are needed for the designation of an interim TeMA for a specific geographic area. These include a stated need relative to other plan goals relating to development activities which, on a temporary basis, may result in a degradation ot roadway levels-of-service. This proposed section is consistent with the requirements of the said rule. Modification 12 The following table is to be added to the analysis section. It contains interim LOS standards for gateway roads relating to the Downtown TCMA. (note: The entire table, including footnotes are to be considered as underlined, but have not been shown as underlined for clarity.) TABLE 6 ROAD SEGMENT INTERIM LOS CURRENTLY APPROVED DAILY P.M. PIAK LOS ( AM) ( AM) HOUR ( VlH) SOURCE A-I-A (Through City) I5,300(1) 16,300 1,483 FDOTC~) A-l-A (Through City) I3,700(2) IS,379 1,476 Palm Beach County (4) (I) FOOT Daily Roadway Service Volumes for State Arterials and Expressways (Adopted City Plan) (2) Pale Beach County Traffic Performance Standards Ordinance (3) FOOT Standardized Highway Capacity Tables "Generalized Annual Average Daily Volumes for Florida's Urbanized Areas" (4) Palm Beach County LOS standard based on analysis provided through the GAB process. Justificationa Rule 9J-5.0057(5)(c)1, F.A.C., requires that alternative roadway LOS standards for the peak hours be identitied and the source for such levels be stated. This Table along with proposed Policy E-l.6 are consistent with and implements said rule. DRAFT Page 3 DRAFT , CREATE A NEW DEFINITIONS SECTION IN THE TRAFFIC ELEMENT. The following information is proposed to be placed in the Traffic Element. A section is to be created titled 'DEFINITIONS' and is to include the following initial set of definitions. DEFINITIONS: This section of the Traffic Element contains definitions of traffic terms relating to the contents of this element. It is not a Rule 9J-S, F.A.C. requirement, but is included in the plan for the purpose of clarifying technical traffic terminology appearing in this Element and elsewhere in this Plan. TRANSPORTATION CONCURRENCY MANAGEMENT AREA (TCMA) - a geographically compact area designated in a local comprehensive plan where intensive development exists or is planned in a manner that will ensure an adequate level of mobility and further the achievement of identified important state planning qoals and policies, including discouraging the proliferation of urban sprawl, encouraginq the revitalization of existing downtowns or desiqnated redevelopment areas, protecting natural resources, maximizing the efficient use of existing public facilities, and promotinq public transit, bicycling, walking and other alternatives to the single occupant automobile. Justificationa The City's Comprehensive Plan does not presently define the term transportation concurrency management area. The proposed definition is consistent with and identical to the definition of the term identified in rule 9J-S.003(99), F.A.C. TRANSPORTATION DEMAND MANAGEMENT (TOM) - strategies and techniques that can be used to increase the efficiency of the transportation system. Transportation demand management focuses on ways of influencing the amount of and demand for transportation by encouraginq al ternati ves to the single occupant automobile and by altering local peak hour travel demand. These strategies and techniques may, among others, include: ride sharing programs, flexible work hours, telecommuting, shuttle services, and parking management. Justificationa The City's Comprehensive Plan does not presently define the term transportation demand management. The proposed definition is consistent with and identical to the definition of the term identified in Rule 9J-S.003(100), F.A.C. TRANSPORTATION SYSTEM MANAGEMENT (TSM) - improving roads, intersections, and other related facilities to make the existing transportation system operate more efficiently. Transportation systems manaqement technigues include demand management strategies, incident management strategies, and other actions that increase the operating efficiency of the existing system. Justitlcation: The City's Comprehensive Plan does not presently define the term transportation system management. The Proposed definition is consistent with and identical to the definition of the term identified in Rule 9J-S.003(102), F.A.C. DRAFT paqe 4 DRAFT . TRANSPORTATION MOBILITY ELEMENT (TMB) - an integrated, multi-modal comprehensive plan element addressing transportation, land use , and capital improvements planning that meets the requirements of rule 9J-S.OOS7, F.A.C. The transportation mobility element may identify one or more transportation concurrency management areas. Justification I The City's Comprehensive Plan does not presently define the term transportation mobility element. The proposed definition is consistent with and identical to the definition ot the term identified in Rule 9J-5.003(103), F.A.C. DELETE/REJECT PROPOSED AMENDMENT WHICH ADDS A NEW OBJECTIVE (B-4) AND ITS SUPPORTIVE POLICIES (B-4 . 1 AND B-4. 2 ) AND REPLACE WITH THE FOLLOWING. DRAFT Page 5 DRAFT , CREATION or A NEW GOAL AREA E IN THE TRAFFIC ELEMENT a {The establishment of a TCMA and the pursuit of a TME} The Traffic Element contains goals, objectives and policies which are proposed to be amended to include necessary TeMA language meeting the requirements of Rule 9J-S.OOS7 F.A.C. These items are proposed to be placed in a new goal area as defined below. The proposed goal provides for the City to immediately designate interim TCMA(S) until such time as a transportation mobility element is adopted, as is permitted in rule 9J-S.00S7(7), F.A.C. For the past two years the City has worked with Palm Beach County to designate a compact downtown geographic area as a Geographic Areas of Exception (GAE) , pursuant to policy 4-c of the County Traffic Circulation Element. The Department of Community Affairs has concluded that the GAE process was insufficient to satisfy state requirements and has recommended that the City and County designate interim TCMA(s) as is provided for in rule 9J-S.00S7, F.A.C. This rule contains the minimum criteria for creation of transportation concurrency management areas. Pursuant to that rule, the City is adopting a goal consistent with such requirements. GOAL AREA "E" It is a GOAL of the city to provide for the immediate desiqnation of an interim transportation c~ncurrency management area (TCMA) until such time as a transportation mobility element (THE) is adopted by a Comprehensive Plan Amendment. The purpose of the TME shall be to plan for a multi-modal, multi-optional transportation system which places less emphasis on accommodating the single-occupancy vehicle and which encourages the development of compact, non-automobile oriented urban areas, promotes enerqy efficient development patterns, protects air guality, and provides for the more efficient mobility of residents, visitors, and qoods. Justificationl A goal is defined in Rule 9J-S.003(36), F.A.C. as the long-term end toward which programs and activities are ultimately directed. Rule 9J-S.00S7(7)(b), F.A.C. provides that the designation of interim TCMAs must be supported by goals, objectives, and pOlicies that address the provision of rule 9J-S.0057(5), F.A.C. That rule provides that a goal statement must be provided which establishes the long-term end toward which transportation mobility programs and activities are ultimately directed. DRAFT Page 6 DRAFT , OBJECTIVE E-I DESIGNATION or INTERIM TRANSPORTATION CONCURRENCY MANAGEMENT AREA In order to access the flexibility allowed in establishinq levels of service standards while preparinq a Transportation Mobility Element (THE) addressing the entire jurisdiction, the City Commission hereby desiqnates the area described in the "Villaqe Center" development scenario, Fiqure L-8 in the Future Land Use Element, as an interim Transportation Concurrency Manaqement Area ( TCMA) . This interim TCMA desiqnation shall be effective for a maximum period not to exceed thirty-six months from December 8, 1992 during which time a TME shall be prepared and adopted. Justificationl Rule 9J-S.003(61), F.A.C. defines an objective as a specific, measurable, intermediate end that is achievable and makes progress toward a goal. Rule 9J-S.00S7(7)(a), F.A.C., provides that interim TCMAs are temporary and valid for no longer than 36 months after the adoption of the amendment establishing the interim TCMAs. Rule 9J-S.OOS7(7), F.A.C., provides that the designation of interim TCMAs are contingent upon an adopted policy providing for the timely submittal and adoption of a transportation mobility element. The proposed amendment goes beyond the rule requirements because the designation is being adopted by an objective rather than as a policy. The intent of Objective E-l is to enable the City to work toward fulfilling the development objectives of the "Village Center" scenario while a TME is being developed. Finally, the objective contains a measurable period (36 months) by which the objective must be accomplished. This 36 month period is consistent with Rule 9J-S.OOS7(7), F.A.C. Policy E-1.I: The interim TCMA designated within Delray Beach shall automatically become null and void if the Delray Beach City Commission does not adopt a TME as a comprehensive plan amendment within the time frame prescribed by Objective E-1. Justificationl Rule 9J-S.0057(7)(a), r.A.C., requires the City to adopt such a policy if interim TCMAs are designated in the Comprehensive Plan. This policy implements and is consistent with said rule. Policy E-I.21 The levels of service standards established for the interim TCMA shall be valid for no lonqer that the time frame prescribed by Ob1ective E-1. Should the City fail to adopt a TME within the time frame prescribed by Ob1ective E-1, the levels of service standards established for the interim TCMAs shall automatically be rescinded and the level of service standard in place before the desiqnation of the interim TCMAs shall be reinstated. Justification I Rule 9J-S.0057(7)(a), F.A.C., requires the City to DRAFT Page 7 DRAFT , adopt such a policy if interim TCMAs are established. This policy implements and is consistent with said rule. Policy E-l.31 The City Commission shall have the authority to impose specific limits on the amount of development permitted within the interim TCMA and such limits shall be valid for no longer than the time period prescribed by Ob1ective E-l. Said limits of development shall be as defined in Table L-2a of the Future Land Use Element. Justificationl Rule 9J-S.0057(7)(a), F.A.C., requires the City to adopt a policy imposing specific limits on development if interim TeMAs are established. This policy implements and is consistent with said rule. Policy E-1.4: The Planning Department shall prepare monitoring status reports on a six month basis. Said reports will reflect changes in the amount of proposed, approved, built and total existinq conditions relative to land use density and intensity in the TCMA. Justificationl Rule 9J-S.0057(7)(b), F.A.C., provides that compliance with the data and analysis requirements may be deferred until the submittal of the transportation mobility element. The status reports are intended to be reports which indicate what progress is being made toward providing the data and analysis required by the above described rule and in order to provide the data and analysis necessary to adopt a TME. The proposed policy goes beyond the rule by requiring monitoring reports. These monitoring reports are intended to address whether compliance has occurred with respect to the conditions of approval and the limits on development. Policy E-I.5: The Traffic impacts for pro1ects within the Downtown interim TCMA shall be measured against the level of service "D" standard for average annual daily traffic and peak hour conditions as established in Objective B-1 of this element, except for those roads identified in Table 6. The level of service standard are defined for those roads contained in Table 6. Justificationl Rule 9J-5.0057(5)(c)1., P.A.C., requires that a policy be provided establishing levels of service standards at peak hour for roads. The proposed policy provides that the interim TCMA shall have the same level of service standard as the adopted level of service standard, except for specifically delineated roadways. The specific roadways that may exceed the level of service standard established for other City roads are identified in Table T-6. That table sets an alternate maximum level of service standard consistent with State or County methodologies. The policy is intended to be read together with policy E-1.2, which provides for the automatic revocation of the level of service standard if the City fails to adopt a TME. DRAFT Page 8 DRAFT Policy II.61 Developments wi thin the TCMA shall use the existing grid system of streets within the TCMA and surrounding downtown area for traffic distribution purposes. Justificationl This policy formalizes the concepts in the Analysis section of this Element relating to the presence of multiple trip routes available to traffic travelling the TCMA and Downtown area due to an existing grid system of streets. Policy 1-1.7: For mass transit facilities located within the Downtown interim TCMA, the level of service standards shall be as established in the County Comprehensive Plan. Justificationl Rule 9J-5.0057(S)(c)l., F.A.C., requires that a policy be provided establishing levels of service standards at peak hour for mass transit facilities. The County is the mass transit provider for the City, and therefore its level of service policy is used. Although the rule permits the establishment of a lower level of service standard, the proposed policy adopts the County's existing level of service standard for purposes of the interim TCMA. Policy E-I.S The specific limits on the amount and type (by land use) of development permitted within the Downtown interim TCMA shall be as established in the "Village Center" Development scenario as defined in Table L-2a of the Future land Use Element. Justification: Rule 9J-S.OOS7(7)(b), F.A.C., requires that interim TCMAs be accompanied by specific limits on development. The proposed policy is consistent with the above identified rule. The amounts of additional development were based on the data and analysis previously provided in the GAE application. Such data and analysis, which has been previously transmitted to the DCA, is incorporated into this justification by reference. Policy I-I.91 The Traffic Engineer of Delray Beach shall set up a monitoring program to track new development aPDrovals within the boundaries of the Downtown Interim TCMA. The sum of the new develoDment approvals shall be compared to the land use inten8ities in Table L-2a. The Traffic Engineer shall submit a report to the office of the Planning Director every six months comDaring the sum of new development approvals to the quantities in said Table. Justificationl This policy is internally consistent with and implements policies 1-1. 3 and E-1. 8 above and sets forth specific responsibility for preparation and review of needed monitoring reports. DRAFT Page 9 DRAFT , OBJECTIVE E-2 COORDINATION OF THE DESIGNATION or AN INTERIM TRANSPORTATION CONCURRENCY MANAGEMENT AREAS WITHIN DELRAY BEACH WITH OTHER ENTITIES In order to assure intergovernmental coordination, the City shall coordinate the desiqnation of the interim TCMA with other entities. Policy E-2.1: Pursuant to County Comprehensive Plan requirements, prior to the time the City transmits a comprehensive plan amendment desiqnating one or more interim TCMAs, the City shall petition the Board of County Commissioners (B.C.C.) to establish interim level of service standards for collector or arterial road links and gatewa~ road links that are not the responsibility of the City pursuant to County Traffic Element Objective 13. Justification 1 Objective E-2 and its implementing policies are required to meet the County Charter conditions which identi fy the County as the governmental body having jurisdiction over the establishment of levels of service on all non-municipality maintained roads. This objective states that the City will abide by the 'County Comprehensive Plan requirements for such level of service designations on non-City maintained roads. Subsection 1.3.9 ( 4 ) of the Charter of Palm Beach County provides that county ordinances shall prevail over conflicting municipal ordinances in matters rela'C.ing to the establishment of levels of service (LOS) standards for collector and arterial roads which are not the responsibility of any municipality, and the restriction of the issuance of development orders which would add traffic to such roads which have traffic exceeding the adopted level of service standard. Because of this charter provision, the City is adopting an objective and implementing policies which provide for the coordination of the requirement of this charter provision. The County's Comprehensive Plan establishes a procedure by which the City can establish an interim TCMA. This procedure allows for an interim TeMA designation of an area consistent with the previously reviewed GAE, following City plan amendment adoption and a DCA finding of the amendment being in-compliance. The County procedure is established to allow the City to proceed with this designation of an interim TCMA. The City is then required to notify the County of the positive DCA finding so that a matching County plan amendment may be processed. To assure that both the County's and City's plans are consistent with one another, the objective provides that the County will amend its plan at the next available opportunity. Upon a finding that the City plan amendment establishing the interim TCMA is in compliance, the City is required to provide proof of such to the County. Upon proof of such compliance, the City may immediately take advantage of the municipal interim LOS standard and need not wait for the County to adopt a comprehensive plan amendment designating the municipal interim TCMA and municipal interim LOS standard. To assure that the County's Comprehensive Plan is consistent to the maximum extent possible with the municipal DRAFT Page 10 DRAFT , comprehensi ve plan designating the interim TeMA and interim LOS standard, the objective requires the County to amend its comprehensive plan during the next available cycle so as to reflect the municipality's action. Policy E-2. 21 The City commission accepts the authority of the Board of County Commissioners to impose conditions upon the approval of any interim level of service standard which impacts a road not under City 1urisdiction, includinq but not limited to, monitoring and status reports, phasinq requirements, roadway improvements, bikeway and pedestrian system improvements, and TOM and TSM measures · 'V' Justificationl policy E-2firyis intended to implement objective E-2 and to describe the types ~ conditions that the County may impose is setting the interim LOS standard provided for in policy E-2.2. These conditions and policy are generally consistent with Rule 93-5.0057 F.A.C. pertaining to the operations of a TCMA. The monitoring reports are intended to address whether compliance has occurred with respect to the conditions of approval and the limits on development. These reports are intended to be provided on at least an annual basis. The status reports are intended to be reports which indicate what progress is being made toward providing the data and analysis required by the TCMA rule in order to provide the data and analysis necessary to adopt a TME. The phasing and remaining requirements are intended to serve as a mechanism for assuring, that interim LOS standards are not violated. DRAFT page II DRAFT , OBJECTIVE E-3 MULTI-MODAL TRANSPORTATION SYSTEM Within thirty-six ( 36) months after the adoption of comprehensive plan amendment settinq an interim TCMA, the City Commission shall adopt a Transportation Mobility Element (THE). The THE shall provide for a safe, convenient and energy efficient multi-modal transportation system. The TME shall meet the provisions of the applicable state statutes and administrative rules, and requirements of Palm Beach County. Justificationl Rule 9J-5.0057(5)(b)1., F.A.c., requires a specific objective providing for a safe, convenient and energy efficient multi-modal transportation system. The proposed objective is consistent with the above identified rule. This objective also states that intergovernmental coordination with County requirements will be done. Policy E-3.1: In the development of its TME, Delray Beach shall establish level of service standards during the peak hour for roads and transit facilities within its jurisdiction after consultation with the Florida Department of Transportation, the County, and any affected local qovernments. Justificationl Rule 9J-S.OOS7(S)(b)1., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. Policy E-3.2: In the development of its TME, Delray Beach shall provide for the control of connections and access pOints of driveways and roads to roadways. Justification: Rule 9J-S.00S7(S)(c)2., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. Policy E-3.3: In the development of its TME, Delray Beach shall establish parking strategies that will promote use of alternatives to the Single-occupant automobile. JU8tificationl Rule 9J-5.0057(S)(c)3., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. Policy 1-3.4: In the development of its TME, Oelray Beach shall establish strategies to promote the use of bicycles and walkinq. JU8titication: Rule OJ-S.0057(5)(c)5., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. . DRAFT Page 12 DRAFT , Policy E-3.5: In the development of its TME, Delray Beach in cooperation with Palm Beach County shall establish strateqies to achieve or maintain clean air quality, promote enerqy conservation and efficiency, and reduce the number of vehicle trips typically expected to be qenerated by new development or redevelopment. Justification: Rule 9J-S.OOS7(S)(c)6., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. This policy also recognizes that the City is part of a larger airshed and states our actions will be coordinated with those of the County. Policy E-3. 6: In the development of its TME, Delray Beach shall establish Transportation Demand Management (TOM) programs to modify peak hour travel demand and reduce the number of vehicle miles traveled per capita within the City, County and region. Justification: Rule 9J-5.OOS7(S)(c)8., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. Policy E-3.7: In the development of its TME, Delray Beach shall establish Transportation System Manaqement (TSM) strateqies as appropriate to improve system efficiency and enhance safety. Justification: Rule 9J-5.00S7(S)(c)8., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed. policy implements and is consistent with the above identified rule. DRAFT Page 13 DRAFT , OBJECTIVE E-4 DIRECT DEVELOPMENT TO THE TeMA Within the time frame prescribed by Ob1ective E-l, Delray Beach shall coordinate the transportation network with the future land uses shown on the future land use map in order to direct intensive development to the TCMA and ensure that existing and proposed densities, housing and emploYment patterns, and land use relationships and intensities within the TCMA will support the transportation modes and services proposed to serve the TCMA. Justificationl Rule 9J-5.OO57(5)(b)2., F.A.C., requires a specific objective providing for a safe, convenient and energy efficient multi-modal transportation system. The proposed objective is consistent with the above identified rule. Policy E-4.1: Delray Beach shall establish site and building design standards for development around fixed rail transit stops in order to assure the accessibility of new development within TCMAs to fixed rail transit vehicles. Justification: Rule 9J-5.0057(5)(c)10, F.A.C., requires the City to adopt such a policy if a TCMA is designated in the Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. Policy E-4.2: Delray Beach shall establish numerical indicators aqainst which the achievement of mobility goals can be measured. Such indicators could include modal split, annual transit trips per capita, automobile occupancy rates, number of pedestrians and bicyclists. Justification: Rule 9J-S.OO57(S)(c)11., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. DRAFT Page 14 DRAFT . OBJECTIVE E-S TCMA COORDINATION Within the time frame prescribed by Ob1ective E-l, Delrav Beach shall coordinate the transportation network with the plans and programs of any applicable Palm Beach County Metropolitan Planning Organization, County, County Public Transit Authority, Florida Department of Transportation's (FOOT's) Adopted Work Program, affected local qovernments, affected redevelopment agencies, and affected special districts with transportation powers. Justification: Rule 9J-S.OO57(S)(b)3., F.A.C., requires a specific objective providing for a coordinated transportation network. The proposed objective is consistent with the above identified rule. Policy E-5.11 Delray Beach shall continue its application and enforcement of Traffic Element policy A-2.2 requirinq acquisition, preservation, or protection of existing or future transportation rights-of-way and corridors desiqnated in the Table T-4 of this Element. Justification: Rule 9J-5.OO57(S)(c)4., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. Existing Policy A-2.2 of the Traffic Element is consistent with this requirement. Policy E-5.21 Delray Beach shall coordinate roadway and transit service improvements wi th the future needs of seaports, airports, and other related public transportation facilities. Justification: Rule 9J-S.OO57(S)(c)9., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. Policy E-S. 31 Delray Beach shall establish strategies, agreements and other mechanisms with County, regional and state agencies that demonstrate the area wide coordination necessary to implement the transportation, land use, parking and other provisions of the transportation mobility element. Justification 1 Rule 9J-S.OO57(S)(c)12., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. Policy E-S.4: Delray Beach shall provide for the coordination between the transportation mobility element's goals, objectives and policies and the capital improvements identified in Rule 9J-5.016, F.A.C. Justification 1 Rule 9J-S.OO57(S)(c)13., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. DRAFT Page IS DRAFT , PoliCy 1-5.51 Delray shall establish strategies to encourage local traffic to use alternatives to the Florida Intrastate Highway System to protect its interreqional and intrastate functions. Justification: Rule 9J-S.OOS7(S)(c)14., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. DRAFT Page 16 DRAFT OBJECTIVE 1-6 EFFICIENT MASS TRANSIT SERVICES Within the time frame prescribed by Objective E-l, Delray Beach in coordination with desiqnated transit and paratransit providers shall address the provision of efficient mass transit and paratransit services based upon existing and proposed major trip qenerators and attractors, safe and convenient mass transit terminals, and accommodation of the special needs of the service population and transportation disadvantaqed. Justification: Rule 9J-S.OOS7(S)(b)4., F.A.C., requires a specific objective addressing the provision of efficient mass transit and paratransit services. The proposed objective is consistent with the above identified rule. Policy E-6.1: Delray Beach shall establish level of service standards at peak hour for transit facilities within the City after consultation with the Florida Department of Transportation, and the transit and paratransit providers. Justification: Rule 9J-S.OOS7(S)(c)1., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. Policy 1-6.2: Delray Beach shall establish numerical indicators aqainst which the achievement of mobility qoals can be measured. Such indicators could include modal split, annual transit trips per capita, automobile occupancy rates, and numbers of pedestrians and bicyclists. Justification: Rule 9J-S.OOS7(S)(c)11., F.A.C., requires the City to adopt such a policy if TCMAs are designated in a Comprehensive Plan. The proposed policy implements and is consistent with the above identified rule. DRAFT Page 17 DRAFT , , ADD NEW POLICIES TO THE CAPITAL IMPROVEMENTS ELEMENT 1 Short Title - Commitment for TCMA Concurrency Management Policy A-3.1l: In order to insure that an adequate Concurrency Manaqement system will be implemented pursuant to the reQUirements of qoal area "E" of the Traffic Element, the Position of Traffic Engineer shall be maintained. Justification: Rule 9J-5.016 requires commitment in the Capital Improvements Element to have a TCMA Concurrency Management system. Within Traffic Element Policy E-I.9, the Traffic Engineer is responsible for the TCMA Concurrency Management system. That task assignment is part of the job description for said position. Policy A-3 .12: In FY 1992/92 , the City shall pursue cooperative funding amonq the Palm Beach County Metropolitan Planning Organization, Florida Department of Transportation and Palm Beach County for the preparation of a TME. Justification: The Delray Beach THE will be an integral part of the creation of the County THE and other TCMA's within the County. The City TME will be prepared in a quicker time frame than the County THE due to it being a more manageable project. The Delray Beach TME will serve as a prototype for THE's which will be needed by West Palm Beach, Riviera Beach, the County, and others who sought GAE 's and will be seeking TCMA's. As our TN! will be the prototype and be the first one through the 'process' for a jurisdiction in the County, joint participatory funding is appropriate. DRAFT Page 18 DRAFT . , REVISED TABLE IN THE FUTURE LAND USE ELEMENT The Future Land Use Element was proposed for amendment in plan amendment 92-2 to include pertinent land use data relative to the creation of a downtown interim TCMA. The original amendment 92-2 document contained an addition of a new section to this element (Page III, G-3). Based on the DCA/ORC report issued for amendment 92-2, the Table included in this new section (Table L-2A) is being revised. DRAFT Page 19 DRAFT , . , 11 c I!~~~c;;fio! w 8 en C\i,.:g,.: ,.: 0 ....:8 an co C- o. ~ -P ~ ~ e 0 .... I a: Q. 0. "C fa s~~i~~lo! c 2 ~ ~ (C _ig~ ~ I a ~ .... i I ::J !I!i~!i~! I "C ~ " ~ w lii~ ~ J a: J ... a: ~ :;:) .Ii 0 I ~ CD i 2 - i'I s . --= ~- f i c' - ~ fa -<i;.t!I~I'i41 I en 1!~I~t !~ . ~ ::> .. ~ ~ m 8~I~i~~J~ I ~ C I T Y COM MIS S ION DOC U MEN TAT ION TOI CITY MANAGER ~ ~~~"'\11~l THRUI 0 . CS, I R ~\\.)~ DEPARTMENT or PLANNING AND ZONINQ ~tt.)'utt(dt FROM. STAN WEEDON, PLANNER IU~ :::( SUBJECT: MEETING OF JUNE 23, 1992 COMPREHENSIVE PLAN AMENDMENT 92-2 A CT I 0 H B B r 0 R B T H B COM MIS 8 I 0 H. The action requested of the City Commission i. that of transmittal of Comprehensive Plan Amendment 92-2 to the State Department of Community Affairs for the required 90 day revlew. B A C It 0 R 0 U H D. The ctty is allowed to enact two Amendments to its Comprehensive Plan each year. Our first Amendment (92-1) was transmitted to the State for review on April 16, 1992. Final adoption of Amendment 92-1 is anticipated to occur in late August 1992. The second Amendment (92-2), normally addresses specific items which need attention prior to the end of the year. In the course of preparing the 2nd Amendment, some administrative and corrective items are also addressed. Amendment 92-2 was initiated by the City Commission on May 26, 1992. The significant features of Amendment 92-2 include: 1. The CBD-GAE, "Village Center" scenario embraced wlthin our GAl application, including the ability to have residential density up to thirty units per acre. Also, changes to the Traffic Element to accommodate new L.O.S. standards. (See Support Document '1) 2. Changes to the Traffic Network Map relating to updated L.O.S. standards, updated roadway jurisdiction, and street name changes. (See Support Document '2) 3. A Future Land Use Map Amendment introducing industrial land use to the area around the Series 20 wellfield. (See Support Document '3) ~ . II City Commission Documentation Comprehensive Plan Amendment 92-2 Page 2 4. Inclusion of railway entities and facilities in the inventory of facilities and adding a policy endorsing the continuation of service to Delray Beach. (See Support Document '4) 5. Inclusion of data and policies pertaining to the City Marina and Marina Enterprise Fund. (See Support Document '5 and attached meMorandum to the City Manager) 6. Funding source for repair and replacement of equipment (See Support Document 16) 7. Altering a policy in the Housing Element which previously referred to Blood's Grove. (See Support Document '7) Other topics addressed in Amendment 92-2 are listed below. Information on each of these items is provided in the comments portion of the Amendment. * Text and map additions regarding the location of vehicle accidents involving bicycles or pedestrians. (p. 3 , 4) * Amendment to the 5-year schedule of capital improvements to accommodate improvement of the ballfield by the Boy Scout Hut. (p. 5) * Changes to accommodate the manner in which the CIP is administratively prepared. (p. 28, 29, , 40) * Other editorial changes to \ policies to reflect current management structures and operations. ITEMS ADDED AFTBR INITIATION The Blood's Grove item ('7 above) was added to Amendment 92-2 subsequent to initiation by the City Commission. Please refer to Support Document 17 for specific information regarding this item. The recommendation of the Planning and Zoning Board is that Housing Element, Policy C-2.l be modified so it addresses a general geographic area and that it does not specify Blood's Grove. I T EMS I HIT I ATE 0, BUT NOT I N C L U D B 0 The following items were included in the initiation of Amendment 92-2 but were subsequently removed for the reasons noted: 1. Location: Traffic Element, P. III-c-23, Objective B-4 Change: NEW POLICY, B-4.3 regarding establishment of a traffic data base to measure levels of congestion associated with the downtown GAB development . City Commission Documentation Comprehensive Plan Amendment 92-2 Page 3 Comment: This new policy was determined to be unnecessary and was deleted upon further analysis of the GAE/"Village Center" scenario. (See Support Document '1) 2. Location: Open Space' Recreation Element, P. III-D-2l, Policy 8-3.1 Change: REVISION to reference the Development Services Management Group rather than the Development Services Group for programs and options regarding establishment of a shuttle transportation system between major beach access points and remote parking areas. Comment: This change was determined to be unnecessary at this time. 3. Location: Housing Element, P. III-E-2l, Policy A-S.3 Change: AMENDMENT to Policy A-5.3 to add the eight points of the city Attorney's memorandum of September 30, 1988, eliminating the reference thereto for clarification. Comment: This change was quite lengthy and best addressed by distributing a copy of the memo to those involved in implementation of the Housing Element. 4. Location: Housing Element, P. III-E-23, Policy B-2.3 Change: REVISION to reference the Community Improvement Department rather than the Development Services Group for programs and activities to be undertaken within rehabilitation areas. Comment: This change was determined to be unnecessary at this time. 5. Location: Housing Element, P. III-E-28, Policy C-3.3 Change: REVISION of the policy (practices not to be followed as means to provide affordable housing in new development) for clarification purposes. Comment: This change was eliminated because the language is sufficiently clear and needs no clarification. 6. Location: Future Land Use Element, P. III-G-32, 4. New Objective C-6 and PolIcies Change: ADDITION to address the GAE, "Village Center" scenario and an increase to 30 dwelling units per acre. , city Commission Documentation comprehensive Plan Amendment 92-2 Page 4 Comment: . The components of the proposed new objective and associated policies are addressed via new policies A-S .13 and A-5.14. 7. Location: Requirements for Capital Improvements Implementation, P. IV-12-15, Table IV-3 Five Year Capital Improvements Schedule >$100,0001 Storm Drainage Utility Fund Change: AMENDMENT, advance various drainage projects from the second planning period (1996-2000) to FY's 92/93, 93/94, and 94/95. Comment: Removed pending completion ~f the Drainage Study. 8. Location: P. IV-12 through 15, Table IV-3 Five Year Capital Improvements Schedule >$100,000; Park In-Lieu Fund Change: Amendment to advance construction of the Leon Weekes Interpretive Trail from PY 94/95 to FY 92/93 and amending the amount from $120,000 to $100,000. Comment: Removed at request of Planning and Zoning Board. (See Item .2 below) p , Z BOARD CON SID ERA T ION The Planning and Zoning Board considered Amendment 92-2 at a public hearing on June 15, 1992 at which time public testimony was received. Mr. King (King Land Use Amendment) and Ms. Carol Stanley (representing Blood's Grove) addressed the Board on their respective items and were satisfied by the Board's actions. The Board recommended approval of Amendment 92-2 with the following three changes: 1. That the City Marina Enterprise Fund be retained via description of the Fund in the Capital Improvement Element, and modified the language of the paragraph to be added to the Plan (See attached memorandum to the City Manager) 2. That the acceleration of the Leon Weekes Scrub Interpretive Trail from FY 94/95 to FY 92/93 be deleted, and that these Park In-Lieu funds continue to accumulate for the acquisition and development of the park in the southwest, which should occur prior to construction of the interpretive trail. city Commission Documentation Comprehensive Plan Amendment 92-2 Page 5 3. That the adoption of a light industrial zoning district relating to the King Land Use Amendment occur prior to December 30, 1992 rather than June 30, 1993. These items are accommodated in the Amendment document attached hereto. The support documents referenced herein, are available in either the Clty Manager's Office or the Planning Department. PRO CBS SIN G S C H B 0 U L B The proposed processing schedule for Amendment 92-2 is: November 3 Receipt of ORC Report from the State Department of Community Affairs December 8 Adoption of Amendment 92-2 R E COM M B N D A T 1 0 NI By motion, transmit Comprehensive Plan Amendment 92-2 to the State Department of Community Affairs for the required review. c: Correspondence File Amendment 92-2 File Attachment: Amendment 92-2, dated June 16, 1992 T:CCT92-2.DOC '. INDEX AMENDMENTS TO THE TEXT OF THE COMPREHENSIVE PLAN I. Part II. Summary of Major Features of the Comprehensive Plan . . . . . . . . . . . . . . 1 II. Conservation Element . . . . . . . . . . . . . . . 1 III. Public Facilities Element . . . . . . . . . . . . . 1 IV. Traffic Element . . . . . . . . . . . . . . . . . . 2 V. Open Space and Recreation Element . . . . . . . . . 5 VI. Housing Element . . . . . . . . . . . . . . . . . . 23 VII. Coastal Management Element . . . . . . . . . . . . 23 VIII. Future Land Use Element . . . . . . . . . . . . . . 23 IX. Capital Improvements Element . . . . . . . . . . . 28 X. Intergovernmental Coordination Element . . . . . . 29 XI. Part IV. Requirements for Capital Improvements Implementation . . . . . . . . . . . . 29 XII. Part V. Procedures for Monitoring and Evaluation of the Plan . . . . . . . . . . . . . . 30 AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICES OF THE PLAN I. Conservation Element . . . . . . . . . . . . . . . 31 II. Public Facilities Element . . . . . . . . . . . . . 31 III. Traffic Element . . . . . . . . . . . . . . . . . . 31 IV. Open Space and Recreation Element . . . . . . . . . 33 V. Housing Element . . . . . . . . . . . . . . . . . . 34 VI. Coastal Management Element . . . . . . . . . . . . 36 VII. Future Land Use Element . . . . . . . . . . . . . . 36 VIII. Capital Improvements Element . . . . . . . . . . . 39 IX. Intergovernmental Coordination Element . . . . . . 41 AMENDMENTS TO THE FUTURE LAND USE MAP I. Future Land Use Map Amendments . . . . . . . . . . 42 II. City Boundary Adjustments Pursuant to Annexations . . . . . . . . . . . . . . . . . . 42 SUPPORT DOCUMENTS 1. Geographic Area of Exception (GAE)/Village Center 2. Future Traffic Map/Table 3. King Land Use Amendment 4. Railroads 5. City Marina 6. Funding Source for Replacement of Equipment 7. Blood's Grove , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: flJ'cITY MANAGER SUBJECT: AGENDA ITEM # \2-~ - MEETING OF NOVEMBER 24. 1992 ORDINANCE NO. 64-92 DATE: November 20, 1992 This is first reading of an ordinance modifying the Waterford Special Activities District and Development of Regional Impact Development Order. The proposed modifications include: -addition of "general retail use" as an allowable use -change in the Master Development Plan to accommodate a general retail use in a 136,000 square foot, single tenant building -reduction of 419,780 square feet of allowable floor area within the Office Park -addition of a new access from the general retail site to the intersection of Lindell Boulevard and S.W. 10th Avenue -northbound, dual left turn traffic signalization at the intersection of Waterford Place and Linton Boulevard The Planning and Zoning Board at their November 16th meeting held a public hearing. Several individuals spoke in opposition to the project. Following the public hearing, a motion to approve the 'application failed on a 2-4 vote. Subsequently, the Board, on a 4-2 vote, forwarded a recommendation that the requested modifications to the SAD and DRI-DO be denied based upon 17 findings pertaining to inconsistency with the Comprehensive Plan, performance standards in the LDRs, and complianpe with conditions of the DRI-DO. Also, as a part of that action, the Board recommended that in the event Commission approval is granted, 26 specific conditions of approval be affixed to such action. A detailed staff report is attached as backup material for this item. Recommend consideration of Ordinance No. 64-92 on first reading. P~H~ ~ tb Jd.-/'!9d.- of- 1~/~/9~ . . . - . ORDINANCE NO. ~~-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 79-84, AS AMENDED BY ORDINANCE NO. 96-87 AND ORDINANCE NO. 68-89, PERTAINING TO AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS, PRESENTLY ZONED SAD (SPECIAL ACTIVITIES I DISTRICT AND LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN LINDELL BOULEVARD AND INTERSTATE-95, SAID LAND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST; AND ENACTING A REPLACEMENT ORDINANCE; SAID ORDINANCE ESTABLISHING ALLOWABLE LAND USE, APPROVING A REVISED MASTER DEVELOPMENT PLAN, ESTABLISHING CONDITIONS OF APPROVAL, DETERMINATION OF VESTED STATUS, PROVIDING A GENERAL REPEALER. CLAUSE, PROVIDING A SAVING CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: section 1 : It is hereby confirmed that the following described property was zoned and placed in the Special Activities District (SAD) per Ordinance q79-84; to-wit: A tract of land lying in Section 29, Township 46 South, Range 43 East, being Parcel 3 and Parcel 4, LINTON CENTER, as recorded in Plant Book 39, Pages 8 and 9 of the Public Records of Palm Beach County, Florida. TOGETHER WITH Lots 1251, 1252, 1253 and 1260, TROPIC PALMS PLAT NO. 3, as recorded in Plat Book 25, pages 137-139 of the Public Records of Palm Beach County, Florida. Containing a total of 86.423 acres, more or less, and subject to easements and rights-of-way of record. This property is located south of Linton Boulevard, between Interstate-95 and Lindell Boulevard, Delray Beach, Florida. And, that, said property continues to be zoned Special. Activities District (SAD). Section 2: That uses allowed for the sllbject property described in Section 1, above, are only as follows: (a) General Retail Use (b) Hotel and motel. with ancillary restaurant, lounge, recreation, and retail uses; (c) Office, research and development, and associated production uses; (d) Multiple family "0 residential units along with accessory uses and structures as allowed within the Medium Density Residential (RM) Zone Distl""ict. Section 3. That the development of the property described in Section 1 is to be in accordance with the following development plans. (a) The Waterford D.R.I. Master Development Plan (MOP) as approved by the City Commission on December 1, 1992; (b) The site and development plan for Waterford Village Apartments as approved by the City Commission on November 24, 1987; and, as said site and development plan may be further modified pursuant to LOR Section 2.4.5(G) , Hodifications to Site and Development Plans. ., (c) The site and development plan for Builders Square as approved by the City Commission on December 1, 1992; and, as said site and development plan may be further modified pursuant to the LDR section 2.4, 5(G), Modifications to Site and Development .e.ilIa . section 4. That the development of the property described in section 1 shall also be in accordance with the following conditions. (a) SAD and HDP Modification: 1. The amount of office space shall be further reduced in order to meet the "no net change" in traffic generation in light of the total retail use area of 136,000 sq. ft. and the provisions of Condition #6, below. 2. The site data shown on the MDP shall be up-dated and corrected to reflect the resulting amount of floor area and acreage and parking accommodated in the modification. 3. That the residential density be no greater than 9.5 units per acre (236 units). 4. In that there is not to be certain relationships between Delray Square and Builders Square, there shall be no business identification signing for Builders Square on Delray Square. particularly along the Linton Boulevard frontage. . (b) Traffic and Infrastructure: 5. S.w. 10th Avenue shall be constructed to four lanes between Linton and Lindell Boulevards with the construction contract let prior to, or concurrent with issuance of bUilding permits and shall be completed prior to issuance of occupancy permits. 6. That the "no new external trips" number to be llsed for meeting compliance with vested traffic count shall be 10,042 trips (pursuant to method of calculation in Builders Square Traffic Study of December, 1991) . 7. The intersection of Waterford Place and Linton Boulevard shall be modified to accommodate dual left turns (northbound) . Such modifications shall include, but not be 1 imtted to, stripping and changing of the traffic signal; and shall be at the expense of the applicant. 8. Prior to the issuance of building permits, permits for the necessary modifications to the intersection of Water ford Place and Linton Boulevard shall be applied for from Palm Beach County and the improvements must be completed prior to. issuance of a Certificate of Occupancy. 9. That the plat (for the retail portion) accommodate drainage easements from the Office Park, over the new access tract, to the existing lake. . 10. That the plat (for the retail portion) accommodate easements for drainage from the site through the balance of the SAD to the appropriate canal outfall. 11. The developer recognizes that roadway improvements associated with * the traffic generated from this project are subject to review which each new site plan consideration. Accordingly, the developer agrees to construct such additional on-site and off-site traffic improvements as may be required by City Commission at the time of site and development plan approval. 12. Fire flow calculations to determine the adequacy of the proposed water distribution system, for the general retail development (Builders Square), must be provided prior to, or concurrent with the submission of building plans or final engineering plans. The rate of flow and pressure must be deemed acceptable by the Fire Marshall. - 2 - ORD. NO. -92 , (c) Site and Development Plan (General Retail - BUilders Square): 13. The sit,e plan data shall be up-dated to be consistent with the MOP. 14 . That information which addresses the requested reduction in parking, pursuant to the staff recommendation in Part VII, shall be provided prior to second reading of the enacting ordinance so that the city Commission may judge and determine the basis for the reduction. 15. That the design of the East Accessway meet standards for streets as contained with the City's LORs. 16. That the addition of pedestrian ways to the intersection of S.W. lOth Avenue and Lindell Boulevard; and to Oelray crossing be provided. 17. That the connection of the East Accessway with S,W. lOth Avenue/Lindell Boulevard be designed with a landscape focal point as if it were the entry to Office Park and that landscaping and curbing be provided in such a manner as to prohibit the practice of truck parking in Waterford DRI. Approval of these plans shall be by SPRAB. 18. That the landscape concept which is found along Circuit Ci ty be continued for the length of the Water ford frontage along 1-95. Plans for such shall be reviewed and approved by SPAAB prior to the issuance of building permits. '19. That SPRAB review and approve modifications to the elevations which involve the use of vertical landscaping to break-up the building mass with specific attention to the rear of the buildin;. 20. That the roof plans for Builders square be reviewed and approved by SPRAB with attention drawn to the need to hide roof equipment and otherwise modify a flat roof view from 1-95. 2l. That SPAAB give further review in line with their adVisory comments. 22. The Planning Department shall insure that condition to DRI-DO Condition #7, which pertains to an Upland Habitat Buffer Zone is addressed during SFWMD review of the drainage permit modifications. 23. Modifications to the eXisting SFWHD permit shall be received and reviewed to insure compatibility with the approved site plan prior to issuance of building permits. If inconsistencies arise, modifications shall be approved through the site plan modification process with action by SPAAB when Board action is required. 24. Conflicts amon(jJ the site and development plans (site plan, landscape plans, engineering plans) and changes thereto which may be necessary to accommodate the proposed gravity sewer system shall be resolved in t~vor the landscape plans and site plan. 26. That the revised site plan submittal (11/16) shall be referred to the Site Plan Review and Appearance Board for final approval. During such review and action, modifications to above conditions of approval which pertain to site plan, landscape plan, and architectural elevations may be accommodated. (d) Site and Development Plan (Office Park): 27. That the pedestrian path in the residential area shall be extended to the northern end and that pedestrian linkages shall be provided within the office park in accordance with the standards of the City Engineer. 28. Any bay doors shall be completely screened from off-premises ground level view from adjacent residential property. - 3 - CP.D. Jr.). -92 , Section 4: That for the purposes of a determination. pursuant to LDR Section 2.4.4(0). Establishment of a Proiect. it is hereby determined that the entirety of the Water ford SAD is "established". . Section 5: That Section 4.4,25(1), S,A,D,s:, Subsection (3 ) is modified to read as follows: (3 ) DelintjWaterford DR1. Ordinance _-92, also governed by DRI Resolution NO. 49-85, as modified; established. 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. Section 7. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 1st day of December , 1992. THOMAS LYNCH HAY 0 R ATTEST: Alison Hartv city Clerk First Reading November 24. 1992 second Reading December 1. 1992 . . - 4 - ORD. NO. -92 , OK, L~/01 C I T Y COM MIS S ION DOC U MEN TAT ION ~, TO: ( DAV~ T. HARDEN, CITY MANAGER ""___~~'~~\ ",j ~UC~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 24, 1992 AMENDMENT TO THE WATERFORD SAD AND DRI-DO ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which amends previous approvals for the Waterford SAD and the Waterford (DELINT) Development of Regional Impact - Development Order (DRI-DO) . The project involves the addition of the use of "Retail Use" to each approval (SAD & DRI-DO) and modifies land use arrangements and allocations. The project will result in the construction of a Builders Square retail facility at the southern end of Water ford Place (south of Circuit City and Target). BACKGROUND: The background on this item is long and detailed. Please refer to the Planning and Zoning Staff Report which has been provided under separate cover for such details. Following the conclusion of the Planning and Zoning Board hearing of November 16th, the resulting "project", as proposed by the applicant, is: * The addition of "general retail use" as an allowable use. * A change in the Master Development Plan (MOP) to accommodate general retail use in a 136,000 sq. ft. single tenant building. * A reduction of 419,780 sq. ft. (52%) of allowable floor area within the Office Park resulting in a remaind~ of 391,956 sq. ft. along with a reduction in land area allocated to the Office Park. * Addi tion of a new access from the general retail site to the intersection of Lindell Boulevard and S.W. 10th Avenue. .. City Commission Documentation Amendment to the Waterford SAD and DRI-Do Page 2 * Modification of the intersection of Waterford Place and Linton Boulevard by implementing northbound, dual left-turns with exclusive left-turn traffic signalization. * On-site development pursuant to a revised site plan exhibit, submitted at the Planning and Zoning Board hearing of November 16th. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of November 16, 1992. Additional information presented by the applicant was accepted at that time. This information is attached under the letter dated November 16, 1992, by Alan Ciklin. Also, a revised MOP and site plan was presented. During the public hearing, seven individuals representing various interests spoke in opposition. Other than the applicant, there was no testimony in support. Following the public hearing, a motion to approve the application failed on a 2-4 vote. Thereafter, Board Members expressed the general feelings on the matter (Note: draft minutes of the public hearing will be included in the December 1st documentation). Currie: Felt that the applicant is entitled to development within the limits of what is vested and that the revised (11/16) plan exhibits provide a product which is much more acceptable than the previous submission. Kiselewski: Felt that the impact of the change on the balance of the SAD/DRI is not acceptable. She noted that the change reduces the commerce (Office Park) potential by more than SOt. She felt that accommodating the request is short-sighted. Kellerman: Stated opposition to the proposed use in the selected location, felt there were more appropriate locations. He felt that the requested change was contrary to the vision which is held out for the City. Naron: Commented about the overall negative situation on Linton Boulevard; noted the lack of participation by the proposed user; and felt strongly about traffic congestion in the vicinity. FeIner: Felt that one needs to recognize and deal with the rights which a property owner has; noted that there would be a significant reduction of peak hour traffic impacts; that the more than 350,000 sq. ft. of office which remains offers a viable land use; and that the use is compatible with adjacent uses. Beer: Felt that the proposal was not consistent with community direction and directions in the Comprehensive Plan; and, that the change is not compatible with achieving the overall objectives of the initial SAD. , City Commission Documentation Amendment to the Waterford SAD and DRI-Do Page 3 Then on a 4-2 vote, the Board forwarded a recommendation that the requested modifications to the SAD and DRI-DO be denied based upon 17 findings pertaining to inconsistency with the Comprehensive Plan, performance standards in the LDRs, and compliance with conditions of the DRI-DO. (Those findings, A through Q, are attached.) Also, as a part of the above action, the Board recommended that, in the event approval is granted, 26 specific conditions of approval be fixed to any such action. (Those recommended conditions are contained wi thin the ordinance which is before the Commission for first reading consideration.) RECOMMENDED ACTION: Manner of Proceeding: Entertain presentations by the staff and the applicant relative to the specific considerations before the ,Commission. Then, engage in Commission discussion directed toward gaining a good understanding of those items. Also, if any further information is desired or ~iJ. tem is to be addressed prior to the public hearing, direction to that effect should be made. Public comment should be deferred to the public hearing which is scheduled for December 1st at 7:00 p.m. By motion, approve the ordinance on first reading and proceed to the public hearing and second reading. Attachments: * P&Z Staff Report & Documentation of November 16th has been provided under separate cover. * Listing of FINDINGS FOR DENIAL and Recommended Conditions of Approval, if approval is granted. * Reductions of the revised site plan and revised MOP as presented to the Board on 11/16. * P&Z Memorandum Staff Report, 11/16 identifying changes to the previously distributed staff report. * Ciklin letter of November 16, 1992, and supporting material. DJK/CCBSSAD.DOC '. LISTING OF REVISED CONDITIONS OF APPROVAL AND REVISED FINDINGS FOR DENIAL FOR THE WATERFORD SAD/DRI MODIFICATION AS RECOMMENDED BY THE PLANNING AND ZONING BOARD Following are the recommended Conditions ot Approval, if approval is granted, and Findings for Denial of the request tor modification to the WATERFORD DRI/SAD. These recommendations were made by the Delray Beach Planning and Zoning Board, following a public hearing held on November 16, 1992. RECOMMENDATION OF DENIAL On a 4-2 vote, the Board recommend to the City eommission of the city of Delray Beach that the petitions for modification of the Water ford SAD and the Water ford DRI-DO be denied based upon the following determinations and findings: A. The requested modification is not consistent with the designations of the Future Land Use Map (FLUM) in that Commerce is the underlying land use designation and that designation does not accommodate a stand-alone general (retail) commercial land use. Hence, a required finding pursuant to LOR Section 3.1.1(A) cannot be made. B. The requested modification is not consistent with Section 4.4.25(A) which requires that uses allowed under SAD zoning must be deemed consistent with the underlying land use designation on the Future Land Use Map. C. The performance standard found in LOR Section 3.3.2(0) which requires compatibility with adjacent properties is not met. D. The requested modification is not consistent with Objective A-I of the Future Land Use Element in that it will not provide a complimentary land use to the balance of the SAD/DRI. E. The requested modification is not consistent with Objective A-I of the Future Land Use Element in that it does fulfill remaining land use needs of the community. F. The requested modification is not consistent with Policy A-l.4 of the Future Land Use Element in that it promotes, instead of discourages, the reduction of land available for Commerce land use. G. A sufficient reason for accommodating the use change, as required by LOR Section 2.4.5(0)(5), has not been provided. . H. Concurrency with traffic level of service standards at the intersection of Linton Boulevard and Waterford Place will be reduced to an unacceptable level. I. Sufficient on-site parking based upon the requirements of LOR Section 4.6.9(C)(3)(a) has not been provided or otherwise accommodated. J. Failure to make the required finding pursuant to LOR Section 2.4.5(F)(5), Site Plan finding of compatibility, harmony, and impact on nearby properties and City as a whole. K. DRI-DO Condition of Approval 122 which calls for the four laning of S.W. 10th Avenue by December 3l, 1992, has not been complied with, nor will it be complied with. L. DRI-DO Condition of Approval 119 which calls for a determination of level of service on the 1-95 access ramps to be made by Florida Department of Transportation prior to December 31 , 1992, has not been complied with, nor is it likely to be complied with. M. Information and action required by DRI-DO Condition of Approval 115 pertaining to energy conservation has not been complied with. N. That the project has not continued to completion in accordance with the provisions of Condition #2 of the DRI-DO. O. That the Planning and Zoning Board finds the proposed change is unacceptable as it relates to the entire development and, thus, pursuant to F.S. Chapter 380.06, Section (19)(g)2, the requested change must be denied. P. Failure, of submitted materials, to meet provisions of LDR Section 3.3.3, Standards for Site Plan Actions. Q. Failure to maintain a no net increase in traffic generation and hence a violation of the County Traffic Performance Standards Ordinance in that the "no net increase" amount is 10,042 as calculated in the December, 1991, Traffic Study submitted by the applicant. - 2 - ., RECOMMENDED CONDITIONS, IF APPROVAL IS GRANTED In the event that the city Commission, deems appropriate to approve the requested changes, the Board has recommended that certain conditions of approval be applied. Those conditions are listed below and are based upon the submitted material, the revised MOP and revised site plan as presented at the Public Hearing, and upon written material and representations at the Public Hearing which result in a project described as follows: * deletion of the land use of hotel (per MOP); * addition of the land use of general retail; * reduction of the floor area allocated to the Of f ice Park of 419,780 sq. ft. with a remaining 391,956 sq. ft. * changes in land area allocated to the office park and designation of land use for general retail as depicted upon the revised (11/16) Master Development Plan; * the addition of a new access from the intersection of Lindell Boulevard and S .W. 10th Avenue to the general commercial site; * implementation of a northbound dual left turn from Waterford Place on to Linton Boulevard with installation of an exclusive left turn signal; and, * the revised (11/16) site developcent plan and its elements. Conditions: SAD and MOP Modification: 1. The amount of office space shall be further reduced in order to meet the "no net change" in traffic generation in light of the total retail use area of 136,000 sq. ft. 2. The MOP shall show the accessway parcel as a part of the retail component. 3. The site data shown on the MOP shall be up-dated and corrected to reflect the resulting amount of floor area and acreage and parking accommodated in the modification. Development of Regional Impact - Development Order 4. Revisions to the application to reflect 136,000 sq. ft. of retail use and the revised amount of office space. 5. The construction of S.W. 10th Avenue to 4-lanes pursuant to DRI-DO condition 22 shall be let for contract prior to, or concurrent with issuance of building permits and shall be completed prior to issuance of occupancy permits. - 3 - Site and Development Plan: 6. The site plan data shall be up-dated to be consistent with the MOP. 7. Modifications to the existing SFWMD permit shall be received and reviewed to insure compatibility with the approved site plan prior to issuance of building permits. If inconsistencies arise, modifications shall be approved through the site plan modification process with action by SPRAB when Board action is required. 8. That information which addresses the requested reduction in parking, pursuant to the staff recommendation in Part VII, shall be provided prior to second reading of the enacting ordinance so that the City Commission may judge and determine the basis for the reduction. 9. That the addition of pedestrian ways to the intersection of S.W. 10th Avenue and Lindell Boulevard; and to Delray Crossing be provided. 10. That the design of the East Accessway meet standards for streets as contained with the City's LDRs. 11. That the connection of the East Accessway with S. W. 10th Avenue/Lindell Boulevard be designed with a landscape focal point as if it were the entry to Office Park and that landscaping and curbing be provided in such a manner as to prohibit the practice of truck parking in Waterford DRI. Approval of these plans shall be by SPRAB. 12. That the landscape concept which is found along Circuit City be continued for the length of the Waterford frontage along I-95. Plans for such shall be reviewed and approved by SPRAB prior to the issuance of building permits. 13. That the roof plans for Builders Square be reviewed and approved by SPRAB with attention drawn to the need to hide roof equipment and otherwise modify a flat roof view from I-95. 14. That SPRAB review and approve modifications to the elevations which involve the use of vertical landscaping to break-up the building mass with specific attention to the rear of the building. IS. That SPRAB give further review in line with their advisory comments. 16. That the plat accommodate drainage easements from the Office Park, over the new access tract, to the existing lake. 17. That the requirement for easements to be shown on the plat be accommodated per the discussion on Page III-3. - 4 - , 18. Fire flow calculations to determine the adequacy of the proposed water distribution system must be provided prior to, or concurrent with the submission of building plans or final engineering plans. The rate of flow and pressure must be deemed acceptable by the Fire Marshall. 19. Conflicts among the site and development plans (site plan, landscape plans, engineering plans) and changes thereto which may be necessary to accommodate the proposed gravity sewer system shall be resolved in favor the landscape plans and site plan. 20. The Planning Department shall insure that condition to DRI-DO Condition #7, which pertains to an Upland Habitat Buffer Zone is addressed during SFWMD review of the drainage permit modifications. 21. The main aisle into the Builders Square parking lot shall taper from the width of 36' , at the north entry, to the standard of width 24' - 26'. . 22. The intersection of Waterford Place and Linton Boulevard shall be modified to accommodate dual left turns ( northbound) . Such modifications shall include, but not be limited to, stripping and changing of the traffic signal; and saall be at the expense of the applicant. 23. Prior to the issuance of building permits, permits for the necessary modifications to the intersection of Waterford Place and Linton Boulevard shall be applied for from Palm Beach County and the improvements must be completed prior to issuance of a Certificate of Occupancy. 24. That the "no new trips" number to be used for meeting compliance with vested traffic count shall be 10,042 trips (pursuant to method of calculation in Builders Square Traffic Study of December, 1991). 25. In that there is not to be certain relationships between Delray Square and Builders Square, there shall be no business identification signing for Builders Square on Delray Square, particularly along the Linton Boulevard frontage. 26. That the revised site plan submittal (11/16) shall be referred to the Site Plan Review and Appearance Board for final approval. During such review and action, modifications to above conditions of approval which pertain to site plan, landscape plan, and architectural elevations may be accommodated. DJK/BSREVISE.DOC - 5 - I PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: NOVEMBER 16, 1992 AGENDA ITEM: III.A. Modification to Waterford SAD/DRI . ITEM BEFORE THE BOARD: The item before the Board is that of making recommendations on a series of items pertaining to proposed modifications to the Waterford SAD/DRI. Please refer to the complete staff report for a full description of the situation. BACKGROUND: At your worksession of November 9th, a presentation was made by the applicant and review of the formal staff report was made by the the Director. Subsequent to that worksession, the staff report has had further review and a few changes are to be made. As of the writing of the memo-report, no additional information has been provided by the applicant. CHANGES/MODIFICATIONS TO THE STAFF REPORT: Minor/Technical Corrections: 1. On the cover sheet and where appropriate throughout, the size of the territory under consideration for the change is approximately 11.71 acres (instead of 11.2S). 2. Page VII-3, under Preliminary Engineering, ADD to the last paragraph: "Flowage easements should also be provided from the retail parcel, through the lake system, to the final outfall". 3. Page VII-3, under Preliminary Engineering, ADD new paragraphs: "Storm water calculations have not been submitted. These calculations identify the elevation of the 3, 10, and 100 year storm elevations in addition to establishing pipe sizes, and describing the amount of runoff and previous/impervious areas. The finished floor elevations, shown on the site plan is 14.5. This elevation must be 18" above the crown of the adjacent public road (Waterford Place) or above the 100 year storm elevation. In the absence of storm water calculations, the finished floor elevation appears too low to meet the 18" criteria. It appears that said elevation should be approximately I7.l'''. ~.~. .. P&Z Staff Report Modification to Waterford SAD/DRI Page 2 4. Page IX-2, Condition 14, DELETE the last six words: 4tt-'4i-' d-'10t-'d t{) -'4tK ~~-' t4t-'g0tj. 5. Page IX-3. Condition #10, ADD the following after $176,154, or amount adjusted for additional office floor area deletions, 6. Page IX-3, Condition 111, CHANGE the last line to read: "completed prior to issuance of kS14lIdlrig occupancy permits" 7. Page IX-3, Condition 112, CHANGE the first line to read: "Any improvements required by compliance with Solid Waste mitigation". 8. Page IX-5, Condition 122, DELETE the word "and" (4rid). 9. Page IX-S, Condition #25, DELETE all after Fire Marshall i.e. (~.t-'t 81~t-'~ t0rit~tt-'rittl kS-'-'ri t-'t-'l1-'di 10. Page IX-6, Finding "C", correct the reference to read "LOR Section 3.3.2.~." Additional Conditions/Findings: 1. Page IX-5: DELETE Condition 127, as written it is somewhat duplicative of Condition #14. There is a difference in that Condition #14 requires SPRAB action, whereas, Condition #27 required Planning and Zoning Board action. 2. Page IX-5, ADD a NEW Condition #27: The Planning Department shall insure that consideration to DRI-DO Condi tion #7, which pertains to an Upland Habitat Buffer Zone is addressed during SFWMD review of the drainage permit modification. 3. Page IX-5, ADD a NEW Condition '28: The main traffic aisle into the Builders Square parking lot shall taper from the width of 36' , at the north entry, to the standard of 24'-26'. 4. Page IX-5, ADD a NEW Condition #29: The intersection of Waterford Place and Linton Boulevard shall be modified to accommodate dual left turns ( northbound) . Such modifications shall included, but not be limited to, stripping and change of the traffic signal; and shall be at the expense of the applicant. 5. Page IX-S, ADD a NEW Condition #30: Prior to the issuance of building permits, permits for the necessary modifications to the intersection of Waterford Place and Linton Boulevard shall be obtained from Palm Beach County. P&Z Staff Report Modification to Water ford SAD/DRI Page 3 6. Page IX-7, ADD a NEW Finding lip": Failure, of submitted materials, to meet provisions of LOR Section 3.3.3, Standards for Site PIan Actions. 7. Page IX-I, ADD the following, after the second paragraph in the introductory material: "With respect to the staff recommendation that DRI-DO Conditions 12, 115, 118A, and 119 be modified, these items should only be addressed at the request of the applicant. Each of the recommended changes is to the benefit of the applicant and, if approved, would decrease the potential for further problems in completing the proposed project. Such a request can be made at the meeting, but it should also be formally documented by a written request." RECOMMENDED ACTION: See Part X, Recommended Action, portion of the formal staff report (copy of Part X is a~tached). Attachment: * Part X, Recommended Action Report prepare Reviewed by OJ DJK/T:PZWATER.DOC '. PART X RECOMMENDED ACTION The following position/opinion was arrived at after careful study of the submission and its evaluation against the policies and land use review requirements of the City. It is also based upon the fact that the requested change is not simply that of addition of a use under the City's SAD modification procedures, but is a change of use that is considered as a rezoning; along with a modification to a DRI which is governed by conditions of its attendant Development Order. It is the Director t s opinion that the proposed change is not consistent with applicable policies and direction of the City's adopted comprehensive Plan. The proposed change will have a substantial negative impact upon the level of service at an intersection, and in a manner, which is not vested under the broad application of traffic vesting which is otherwise applicable to a previously approved DRI. Further, applicable provisions of the DRI-DO have not been met nor have provisions been made to comply with them. Finally, based upon the submitted materials, the proposed modifications are to be justified solely upon economic determinations of the property owner and are not based upon any sound land use planning or community development principles. In addition to the broad powers and authorities which the City has in respect to action on this item, F.S. Chapter 380.06, Section (19)(g)2 provides that "if the local government determines that the proposed change as it relates to the entire development, is unacceptable, the local government shall deny the change" . Such determinations are stated and justified throughout the staff report. Therefore, it is the recommendation of the Director that the Planning and Zoning Board, by motion, forward a recommendation of denial to the City Commission based upon findings A-P as listed in Part IX, pages IX-5 through IX-7, as modified. DJK/BS-IO.DOC X-I , LAW OF'F'ICES BOOSE CASEY CIKLIN LUBITZ MARTENS McBANE 8r O'CONNELL A F'ARTNERSHIP INCLUDING PRO"ESSIONAL ASSOCIATIONS ,JOSEPH L. ACKER....AN, ,JR. SRIAN e. ,JOSLYN. P.A. P""LLIP O. O'CONNELL. SR. (I807-'IUt7) BAUCE G. ALEXANOER, P. A. GREGORY S. KINO - ,JERALD S. IIEER. F'.A. C"'ARLES A. LU.ITZ, P. A. '" COUNSIIL WILLIA.... R. 1l00SE. IIL F'.A. EOWIN C. LUNS,.ORD ,JOHN L. RE....SIIN ,JOHN D. .OYKIN, P.A. R'CHARD L. MARTENS, P A - PATRICK ,J. CASEY, F'.A. lOUIS R. Mc.ANE. P A. NORT....RIDGE TOWER I . 18'" "LOOR ALAN ,J. CIKLIN, P. A. CLAUD'A M. McKENNA ....IC...AEL w. CONNORS MORRIS G. (SKIP) ....ILLER SIS NORTH ,.LAGLER DRIVE RO.ERT L. CRANE, P.A. SRIAN M. O'CONNELL. P. A. WeST PALM BeACH, F'1.0"'OA 3~0' LEE .. GORDON P...IL D. O'CONNELL. ,JR.. P.A, TELEPHONE (407) 832- !5900 ....,KEL D. GREENE ,J. KORY F'ARKHURST TELECOPIER (407) 833-4209 LYNDA ,J. HARRIS, P.A. ,JOHN R. YOUNG. P.A. - OE.RA A. ,JENKS L.ONNIE .. ZANGRILLO ....AILING ADDRESS P.O, DRAWER oa.eZ8 WEST PALM . lEACH, ,.L 3340Z-.8Z8 November 16, 1992 ~ .. ]1'Ii ~,1"'P,' '1 n '!!1"l/D) '... .. '\".^! -., I. I ~ Mr. David J. Kovacs ;:. .' '. .-.....;.. (..... Director, Department of Planning & L,.; -. ",' Zoning i'::1,' 1 3 1992 City of Delray Beach 100 NW 1st Avenue PLA,\4,\i I j',.'; s.. ZCNING Delray Beach, FL 33444 - . .-.. RBI RBSPOlfSB TO STUJ' RBPOR'l' - AKBlfDHBlfT TO '1'JDI WATBDORD SAD/DR! III COlfJ1JlfCTIOII WITH TBB BUILDBRS SOUARB DBVBLOPMBlfT PROPOSAL Dear David: Enclosed is our response to the Staff Report prepared for the Waterford SAD/DRI amendment to be heard on November 16, 1992. It appears that there are some areas you are concerned about relative to the addition of the retail use to the existing SAD zoning designation for this project. Our general response to these areas are as follows: 1. Traffic Issu.. While the Staff Report correctly acknowledges that the traffic study was .prepared pursuant to the Palm Beach County Traffic Performance standards Ordinance*, it also states that the submitted traffic study *has not been accepted by the Director as being properly prepared*. Though we acknowledge the Director's discretion to require additional information which is *appropriate in order to adequately evaluate the development proposal* pursuant to LOR Subsection 2.4.3(1), this discretion is not unbridled and certainly is limited by applicable law. The Applicant's traffic study was prepared pursuant to the Palm Beach County Traffic Performance Standards Ordinance (TPS) and has been accepted by Palm Beach County as being prepared in accordance with and meeting the provisions of that Ordinance. The attached October 15, 1992 letter from Charles R. Walker, Jr. , Acting Assistant Palm Beach County Engineer documents that acceptance. Thus, the submitted traffic study complies with the law in the City and Palm Beach County. The focus of the traffic issue should be on the effect of the proposed additional use on the surrounding roadways. Due to decreases in the ., Mr. David J. Kovacs November 16, 1992 Page 2 office square footage, the Waterford Place DRI will maintain the vested total daily trip generation of 10,652 trips. The A.M. peak hour traffic of the overall Waterford Place DRI will be reduced by 32' whil~ the P.M. peak hour traffic reduction will be 21'. The project engineer, has submitted information which clearly demonstrates that Linton Boulevard and its signalized intersections have the capacity to maintain the level of service standard of Palm Beach County even with traffic from the proposed Builders Square. While traffic is the major issue, steps have been taken and the proposed additional use has been designed so as not to cause unacceptable impacts on the surrounding roadway network. 2. consistency with SurroundinG U.es Another Staff concern appears to be the proposed proj ect' s consistency with the surrounding land uses. The proposed retail use is clearly consistent with its surrounding uses as Delray Crossings, a Planned Commercial Development, is located to the north and to the east, 1-95 is located immediately to west of the project and an approved office use owneG by the Applicant is located to the south of the proposed Builders Square. As the Office park is still unbuilt and controlled by Applicant, it can be designed and developed to be compatible with the surrounding uses. 3. Other .atertord Place DR! Conditions ot A~DrOYal The Staff Report includes significant discussion of DRI conditions of approval which were not part of the Notification ot Proposed Change submitted to the Treasure Coast Regional Planning Council (TCRPC) or Department of Community Atfairs (DCA) in conjunction with this application. While Applicant is cognizant of the need to address certain conditions of approval which will have to be met in the near future, these time certain condi tions have not yet become due and are not part of this application or approval process. Indeed, these conditions may not be considered by the City until prior review by TCRPC or DCA. Applicant has made significant prpqress in meeting each and every one of the Development Order conditions and will apply for modifications of those conditions which cannot be performed in a timely manner. The reality is that Applicant would be much closer to meeting several conditions of approval noted in the Staft Report but for the unnecessary delays which have occurred. The misinformation given to the Planning and Zoning Board and City Council on the DRI substantial deviation process and the use of improper DRI criteria in direct contravention of DCA policy memos has resulted in the extraordinary time frame for this approval. This application for the addition of QnA use to an already approved SAD was submitted in December, 1991 and will , Mr. David J. Kovacs November 16, 1992 Page 3 reach the ci ty Council approximately one year later. To put the present delays in perspective, consider that it took less time to approve the entire SAD in 1984. 4. "Dlovment and Enerav Conservation ISsu.. While the Staff Report contains much discussion of energy conservation goals and the decrease in the employment potential due to the reduction in the approved office square footage, these are regional issues and are not appropriate standards of review for this addition of a use to an approved SAD. These regional issues were a part of the DRI substantial deviation determination and the reviewing agencies as dictated by Florida law determined that the proposed changes had no significant regional impact. Furthermore, the employment figures assigned to the approved office space is a theoretical iob base which to-date has not resulted in any jobs. The addition of the Builders Square will result in real jobs and a real increase in tax base by 1993. 5. Discu.sion of Delrav erossina. The Staff Report discusses in detail the Delray Crossing'S project which accommodates several retail uses and is to the immediate north and east of the proposed Builders Square. It should be made perfectly clear that this retail project is outside the boundaries of the Waterford Place DRI and the proposed Builders Square and should have no more bearing on the approval of this use addi tion to the SAD than a similar retail project owned by any other developer. There was no planned interaction of the Delray Crossings with the Waterford Place DRI except for the interaction caused by the City'S required abandonment of Lindell Boulevard and a portion ot Germantown Road and the redesign of Waterford Place. s. ADalvais of ADDlication aa a Re.onin9 As clearly indicated on the Staff Report's cover page, the existing zoning ot this property is Special Activities District (SAD) and the proposed zoning is SAD. There is no chanae of zonina districts as a result of this application. As provided for by City Code, additional uses may be allowed in the SAD after review and recommendation by the Planning and Zoning Board and approval by the City Commission. The proposed addition ot this retail use to the SAD will not result in an amendment to the City'S Official Zoning Map and therefore is not a rezoning. In the spirit of cooperation, Applicant has provided information required for traditional rezonings. The following is a more detailed response to the particular issues raised in the Staff Report: .. Mr. David J. Kovacs November 16, 1992 Page 4 PART IA. 2.(4)-ITBK BB.ORB TBB BOARD (pag.I-l) The Staff Report states that one of the modifications, .as requested bv the apDlicant., is the addition of another accessway to the former hotel site, now the proposed retail site. A clarification is in order as Applicant did not request this accessway to the former hotel site. The connection from Builders Square to SW 10th Avenue was requested by TCRPC and agreed to by Applicant in order to insure that there were no additional traffic impacts. PART lB. 4 through 10-ITBK BB~RB TBB BOARD (pag. 1-1) This section states that it has been determined that several DRI conditions of approval also need modification. As previously stated, these conditions are not relevant in this review as they were not contained in Applicant's application materials and the modifications of these conditions have not been reviewed by the applicable state and regional agencies. These conditions will be completed or modified by Applicant in a timely manner. PART I. Authoritv for ActioD. (pag. 1-2) While Applicant agrees with the staff Report statement that .all findings necessary for approval of a rezoning are applicable to aD9roval of a SAD,. Applicant takes issue with the statement that .all findings necessary for approval of a rezoning are applicable to approval of a modification to a SAD.. The existing zoning on this property is SAD and the proposed zoning as noted in the Staff Report is for an SAD. Applicant merely seeks to add an additional use to the existing SAD and therefore the rezoning criteria and standards are not applicable. Part II. BACKGROUXD IRrORNATIO. (pag.. 11-1,2) It is inappropriate to discuss in detail the development of the Delray Crossing (aka Linton Retail Center) in the section entitled .Brief Review of Significant Events Leading to the CUrrent Modification.. The Delray Crossing project is not part ot the Waterford Place DRI and was not developed in conjunction with or with consideration to the future development of the Water ford Place DRI. Part III. SUBKI88IO. DURIALS UD RBV1:BW PROCB88 oeD.ral (pag. III-I) As discussed previously, Applicant agrees that the Director may require submission of additional information; however LOR Subsection 2.4.3(1) , Mr. David J. Kovacs November 16, 1992 Page 5 clarifies that only 'necessary or apQroDriate information be required'. This discretion is further limited by any City or Palm Beach County laws in effect. DRI-DO Kodifica~ioD (page III-I) The Staff Report states that the proposed modification to the DRI- DO may need to be modified based upon a more complete description of the proj ect and further review of the exi ting Developmen~ Order. The application may D2t be modified to review any and all aspects of the existing Development Order other than which was previously reviewed by the state and regional agencies. Applicant will address other Development Order conditions in the near future and in a timely fashion. SAD Kodifica~ioD - Use change (page III-I) As previously discussed, this addition of a use to the existing SAD Zoning District is not a rezoning. There is no change in the City's Official Zoning Map. Special consideration has been given by Applicant to the Director's requests for rezoning materials in order to expedite this review process which has been unnecessary delayed. SAD Kodifica~ioD - KPD Change (page 111-2) Applicant takes issue with the Director's list of submission materials and characterization that the items were agreed upon by the parties and were not provided. Applicant has provided general information on the character of the office use. Any specific discussion of the details of the office component.would be speculative at best at this point. In addition, there is no requirement that Applicant provide a feasibility and alternative use analysis of the office component. Furthermore, discussion of the energy conservation considerations and employment information for the entire DRI are inappropriate at this point in the review process, as these are regional issues. All regional issues were addressed in the substan~ial deviation process and the TCRPC and DCA found that the addition of a Builders Square did not significantly impact these regional elements. Finally, the staff Report alludes to an impact of reduced 'Commerce' land use as a result of this additional use. There is no reduction in any 'Commerce' land use designation as a result of the addition ot the retail use to the SAD and retail use is consistent with the allowable uses within the 'Commerce' land use designation. Si~e Plan for Builder. Square (page 111-2) The Staff Report notes that the Builders Square site Plan was not revised to include the connecting travelway from Lindell Boulevard to '. Mr. David J. Kovacs November 16, 1992 Page 6 Builders Square and is to be included as a part of the land area under consideration. It is unnecessary for the roadway parcel to be included wi thin the si te plan as the roadway is part of the whole SAD and therefore is within the land area under consideration. This travelway will be included and identified as an access parcel/tract in the plat submission. DRZ-DO , SAD Condition. (paq. 111-3) Once again, the Development Order conditions which were not a part of this application will be addressed by the Applicant, the appropriate regional and ~tate agencies and the City of Delray Beach at a later date. Part IV. PROJBC'l' DBSCRIP'l'IOM Bzistinq Approval. (paq. IV-I) . The Staff Report provides that there is no roadway connection between the Office Park and the hotel site. It should be noted that the City of Del ray Beach required that this roadway connection be abandoned several years ago. Proposed proj.ot (paq. IV-I) Staff's recommendation is that the allowable floor area ot the office component should be further reduced due to a .miscalculation of the intensity of the new retail component.. While Applicant has agreed to add in non-air-conditioned use areas (garden shop and lumber staging areas) and to make modifications to the traffic analysis and parking calculations, this request was recently made to Applicant after one year of review by City staft. Required Aotion. (paq. rv-2) Applicant takes issue with Action No. 1 as the addition ot the use to the SAD is not a rezoning consideration and with regard to Action NO.3, the DRI-OO may not be modified to address .outstanding. conditions as identified by the Director and which were not part of this application and review process. Part V. 101l%M8 ADLYSIS. Putur. Land Us. Xap (paq. V-I) Applicant agrees with the Director's determination that the addition of the retail use to the approved SAD is consistent with the .Commerce. land use category shown on the Future Land Use Map. The Director has confirmed this determination on more than on occasion. . Mr. David J. Kovacs November 16, 1992 Page 7 please refer to Applicant's discussion of Future Land Use policy A-1.4 for a more detailed response. Concurrency (Soli4 Waste) (paq. V-3) Attached is an analysis which shows a reduction in solid waste of approximately 1,132.08 tons per year as a result of the proposed project changes. streets an4 Tratfio (paq. V-3) Attached is a detailed response from the Applicant's traffic engineer as to all traffic issues addressed in the Staff Report. CONSISTENCY consistenov with polioi.s of the coaprehensiv. Plan Futur. Lan4 Us. Bl...nt objective A-I (paq. V-S) In this section of the Staff Report, the Director determined that the proposed development of this property as a retail use does not complement adjacent land uses and does not fulfill remaininq land use needs. This .Objective. is strictly subjective in nature. The proposed retail use is compatible with adjacent land uses as a separate retail project is located to the north and the east of the retail use, I-95 is located to the west and an unbuilt office park to the south. Since the office park is controlled by Applicant, this portion of the SAD may be developed in a manner which will be consistent with the proposed retail use to the north. The Director states that there are other parcels of land which are appropriately zoned and planned for retail commercial purposes that exist and remain vacant. While this may be true, the reality is that the Builders Square representatives did not find that these retail zoned properties were appropriately located for a successful retail operation. Future Lan4 US. Poliov A-l.4 (paq. V-') The Statf Report provides that the proposed addition of a retail use to the SAD will eliminate land designated as .Commerce. from the city's land use inventory. As previously discussed, there is no change to the .Commerce. land use designation of this project. The proposed commercial use is consistent with the .Commerce. land use designation. The City'S Comprehensive Plan provides in Policy A-1.4 that a .Commerce. land use .involves a mix of light industrial, commercial uses, and research and development.. In addition, the proposed use only changes approximately 2.5 acres from office use to retail use within the SAD. Finally, the oriqinal 811,000 square feet of office use was unrealistic .. Mr. David J. Kovacs November 16, 1992 Page 8 and in light of today's market conditions and future projections, this amount of office square footage could never be developed. section 3.3.2. (Standards for Rezonina Actions) (paqe V-I) As stated earlier, the standards for rezoning actions are not applicable to the addition of a use to an existing SAD. Nevertheless, these standards have been met. Contrary to the Director's position and as reflected by the information provided by the project's traffic engineer, the traffic proqression along Linton Boulevard will not be adversely affected to a degree that is perceptible to traffic on Linton Boulevard. section 2.4.5(D)(5). (Rezonina ~indinqs) (paqe V-7) Applicant's position has always been that the addition of one use to an existinq SAD zoninq District is not a .rezoninq. as defined by the City'S LOR. Applicant nevertheless made a special consideration to the Director and submitted a justification statement which supports the traditional rezoning process. Although Applicant, an experienced developer in the South Florida marketplace, concluded that due to market conditions and requirements the hotel use is not a viable alternative for this property, the Director concluded that this was not the type of .change in circumstances. which supports a rezoning. The Director's interpretation that a .chanqe in circumstances. is only found where there is a change in the physical condition of a site or the character of adjacent properties is not supported by the City's LOR. Part VI. ANaLYSIS O~ TBB DRI KODI~ICATIO. RBOUBST (PAGB VI-1) The Staff Report reflects that there are a few DRI-DO conditions of approval which have been identified and which should be changed during this approval process. As previously stated, any consideration of and modification to conditions of an approval which were not part of this application and which were not reviewed by the Treasure Coast Regional Planning Council and the Department of Community Affairs are inappropriate at this time. Applicant will complete required conditions of approval in a timely fashion or will timely apply for modifications of such conditions. AJC: cp Enclosures , I Kim/ey.Horn I Kimley-Hom and Associates, Inc. EHGIHEEIIINQ. Pl.AHNINQ. AND ElMRONMINTAL COHlIUI.TAHTS 4431 Embarcadero Drive. West Palm Beach, Florida 33407 407-845-0665 Fax 407-863-8175 MEMORANDUM TO: Mr. Allan Ciklin FROM: Joseph B. Pollock, Jr., P . FILE: 4677.01(07) DATE: November 12, 1992 RESPONSE DATE: N/A SUBJ: Waterford DRI/SAD Modifications (Builders Square) As discussed, we have reviewed the staff report for the November 16, 1992 Phmning and Zoning Board meeting and have prepared responses to traffic issues expressed in that report. The following are our thoughts on the traffic issues. On Page ill-I, the staff report states that the Director of the Planning and Zoning Department has not accepted the submitted traffic study since it has not been properly prepared. This statement follows at statement that the traffic study submission should be prepared pursuant to the Palm Beach County Traffic Performance Standards Ordinance. The traffic study submitted by the applicant was prepared pursuant to the Palm Beach County Traffic Performance Standards Ordinance and has been accepted by Palm Beach County as being prepared in accordance with and meeting the provisions of Palm Beach County's Traffic Performance Standards. This is documented in the October IS, 1992 letter from Charlie Walker. Thus, the submitted traffic study should be accepted by the City as being prepared pursuant to the County's Traffic Performance Standards Ordinance. On Page IV-I and IV-2, the staff reports states that an additional reduction in the allowable office building floor area is needed to compensate for the 28,600 square feet of garden center and lumber staging area which was not addressed in the traffic study. Even though it has not been brought to our attention that the staff had a problem with this during the past year, we have revised the computations to take into account the total square footage Ch.rlott. . 0.11.. . Fort l.ud.rd.l. . Fort My.r. . l.. Veo.. . Or.no. . Orl.ndo Pho.nix . R....Oh . Saruota . Stuart. r.mp. . V..o Be.ch . Vlrgini. hach . W..t P.lm BeacIl Buildino c Ii. n I rel.lion.hip. . I nee 1 9 8 7 '. Memo/Mr. Allan Cildin -2- November 12, 1992 of the building, garden center and lumber staging area. To do this requires going back to the trip generation study which we conducted February, 1992. The traffic counts collected for the three studied sites included all traffic associated with each site. The traffic for the buildin~ garden centers and any lumber staging areas were all counted. The building square footages used in calculating the trip rates did not, however, include the garden center square footages. We have obtained the garden center square footages for each site and recalculated the trip generation rate. The three sites generated 11,111 daily trips while the total square footage increased from 261,900 square feet to 298,700 square feet when the garden centers are added. Thus, the revised trip rate is 37.198 daily trips per 1,000 square feet when the garden centers are included. Applying the revised trip rate to the total square footage of Builders Square (136,000 square feet) results is a total daily trip generation of 5,059 daily trips. Thus, the Builders Square trips would be increased from the 4,556 trips stated in the traffic report. To not increase daily trips for the overall Waterford Place DRI would require that the office space and associated trips be reduced. To maintain a total daily trip generation for the Waterford Place DRI of 10,652 requires the office trips be reduced to 3,941 trips. Converting trips to square feet results in a revised allowable office square footage of 391,956 square feet. The total peak hour trips of the overall DRI also change and they are reduced even more than previously calculated. The A.M. peak hour traffic of the overall Waterford Place DR! would be reduced by 32 percent while the P.M. peak hour traffic reduction would be 21 percent. As a consequence of revising the Builders Square trip generation to include the garden center and the lumber staging area, the allowable office square footage decreases to 391,956 square feet and the A.M. peak hour and the P.M. peak hour trip generation of the overall Waterford Place DRJ are reduced by 32 percent and 21 percent, respectively. On Pages V -3 and V -4, the staff report states that the traffic study may be satisfactory for concurrency purposes but is not acceptable for local analysis and action on the SAD modification. As stated previously, the traffic report is acceptable for concurrency purposes as evidenced by the letter from Palm Beach County. We believe that the information submitted in the traffic study is adequate for the local review since that is all that Palm Beach County typically requires for their review of projects in the unincorporated portions Memo/Mr. Allan Cildin -3- November 12, 1992 of the County. The submitted traffic study contained intersection capacity analyses which clearly demonstrate that the signalized intersections on 11nton Boulevard at the 1-95 ramps, Waterford Place/Wallace Drive, and S.W. 10th Avenue all have adequate capacity to maintain the level of service standard required by Palm Beach County through the buildout of the Builders Square and for some additional years as well. Traffic engineers all generally agree that signalized intersections really control the level of service provided on an arterial roadway such as Linton Boulevard. Clearly, all four intersections analyzed are providing Level of Service "D" or better during the peak season peak hour according to Palm Beach County criteria and analysis procedures. This information was all included in the traffic study submitted in September, 1992. In an attempt to provide supplemental information to support the report already submitted, we have undertaken a more detailed analysis of the four intersections previously analyzed using the County's required procedures. The results of the more detailed intersection operational capacity analyses using the 1985 Highway Capacity Manual procedures indicates that Level of Service "D" or better is maintained at all four intersections during the peak season peak hour with full traffic from the Builders Square. The detailed operational analysis sheets are attached. Thus, the originally submitted traffic report clearly demonstrates that 11nton Boulevard and its signalized intersections have the capacity to maintain the level of service standard of Palm Beach County even with traffic from the proposed Builders Square. The supplemental information attached to this memorandum provides additional information which supports that previous conclusion. More specifically, the intersection ofWaterford Place and linton Boulevard has sufficient capacity to accommodate traffic from full occupancy and development of the Delray Crossing/Unton Retail shopping centers and Builders Square. On Page V-4, the staff report indicates that it is anticipated that the northbound left-turn queue on Waterford Place at the linton Boulevard intersection will back up or "fail" given current signal timing and sequencing. As traffic volumes increase even without Builders Square, the traffic signal timing and sequence will need to be modified. Even though the intersection has the capacity to accommodate the northbound left-turn demand with a single lane, it is logical to use dual northbound left-turn lanes since the lane is already provided but just not used today. We have undertaken a SOAP analysis of the intersection to ., Memo/Mr. Allan Ciklin -4- November 12, 1992 determine the most efficient signal operation sequence for the intersection with two northbound left-turn lanes. The SOAP analysis is the technique used by the Florida Department of Transportation to determine the most efficient signal sequence for an intersection. The SOAP analysis indicates that the most efficient operation is an exclusive left-turn signal phase with overlaps for the north-south traffic movements. The attached SOAP reports indicate the most efficient signal operation and also indicates that the available green time to Linton Boulevard is only reduced by 1.7 percent with dual northbound left-turn lanes and the associated signal phasing phases even with Builders Square traffic added. Thus, the traffic progression along Linton Boulevard will not be adversely affe.cted to a degree that is perceptible to traffic on Linton Boulevard, On Page V-S, the. staff report indicates that the traffic volume projections for the intersection of Waterford Place and Linton Boulevard is flawed because the traffic study does not correctly address additional traffic from unoccupied or unbuilt portions of the Delray Crossing shopping center. The traffic study was in fact prepared in the manner suggested by staff relative to additional traffic from Delray Crossing. During March, 1992 when Palm Beach County made their turning movement counts at the intersection of tinton Boulevard and Waterford Place, approximately 31 percent of the approved total square footage of Delray Crossing and the Linton Retail shopping centers was either unoccupied or unbuilt We increased the traffic movements into and out of Waterford Place by 33 percent to account for that unoccupied and unbuilt space. After the 33 percent increase was made, the Builders Square traffic was added to obtain the total traffic volumes contained in the original traffic study. The fact that the traffic study for the Delray Crossing anticipated a higher northbound left-turn should not be a cause for great alarm since the real world traffic movements into and out of Delray Crossing (and Linton Retail) have been used in the analysis for Builders Square. Thus, the traffic analysis of the intersection of Waterford Place and Linton Boulevard is not flawed as suggested by staff and the intersection will not fail and cause traffic to divert to S.W. 10th Avenue as suggested by staff. . Memo/Mr. Allan Cildin -5- November 12, 1992 On Page VI-3, the staff report indicates Condition 18A of the Development Order requires that a second northbound left-turn lane be constructed on S.W. 10th Avenue at Unton Boulevard. The engineering drawings for construction have been approved by the City and the developer is waiting on the necessary permit from Palm Beach County before commencing construction. Once the permits are in hand, construction will commence immediately and should be completed in January, 1993 at the latest. On Page VI-3, the staff report indicates that a traffic study of the 1-95/Unton Boulevard on- ramps is required by the Development Order and that the applicant has not even contacted the Florida Department of Transportation (FOOT) about the study. The applicant's traffic engineer has in fact initiated the study and met with FOOT staff on October 27, 1992 to discuss the study methodology, obtain data and gain their input prior to completing the effort. The study was submitted to FOOT on November 13, 1992 and the applicant looks for a determination by FOOT by December 31, 1992. On Pages VI-5 and VI-6, the staff report indicates that the widening of S.W. 10th Avenue to four lanes from Unton Boulevard to Lindell Boulevard should be constructed now as required in Condition 22 of the Development Order since the traffic study was not prepared in accordance with Palm Beach County's Traffic Performance Standards Ordinance. As stated previously, the traffic report demonstrates that the Builders Square meets the County's Traffic Performance Standards. Dearly, the traffic counts on S.W. 10th Avenue at the Unton Boulevard intersection and at Lindell Boulevard indicate that the traffic volumes on S.W. 10th Avenue do not require four lanes. The intersection turning movement traffic counts completed by Palm Beach County at the intersection of Linton Boulevard and S.W. 10th Avenue very closely match the City's traffic count on Undell Boulevard just east of S. W. 10th Avenue as well as the Kimley-Hom turning movement count at the intersection of S.W. 10th Avenue and Lindell Boulevard. Based upon this, the traffic volumes on S.W. 10th Avenue at Linton Boulevard and at Lindell Boulevard do not vary much and as a consequence, do not indicate a need for four lanes. The stacking of traffic within Linton International Plaza from its driveway onto S.W. 10th Avenue due to queuing of northbound traffic on S.W, 10th Avenue will be alleviated by the provision of the '. 1,1 . Memo/Mr. Allan Cildin -6- November 12, 1992 second northbound left-turn lane on S.W. 10th Avenue at Linton Boulevard. With the turn lane improvements on S.W. 10th Avenue to be constructed by the applicant, S.W. 10th Avenue will have the same number of northbound traffic lanes as it will have when the roadway is four-Ianed between Unton Boulevard and Undell Boulevards. Thus, the four- lane improvement of S. W. 10th Avenue is not needed for existing or existing plus Builders Square traffic since Builders Square should add no more than 1,000 vehicle trips to S. W. 10th Avenue between Linton and Lindell Boulevards. On Page VI-s, the staff report indicates that the applicant stated that the total trip generation does. not change with Builders Square and that there was no change in impacts. Kimley-Hom and Associates, Inc. has never said that the traffic loadings at points where Builders Square traffic loads out onto the Thoroughfare Plan roadway system are the same as that of the approved DRI and its land uses. Obviously, the traffic loadings at some points is different. What we have said is that the total DRI traffic volumes (with Builders Square) on Linton Boulevard, S. W. 10th Avenue and Lindell Boulevard are either the same or have been reduced on a daily traffic basis. Oearly these roadway swill experience a reduction in total DRI traffic during the AM. and P.M. peak hours. Further, the Redistribution of Traffic section of Palm Beach County's Traffic Performance Standards Ordinance has been addressed in the traffic study and has been accepted by Palm Beach County. Thus, the Traffic Performance Standards Ordinance has been addressed satisfactorily as it relates to S.W. 10th Avenue. We agree that S.W. 10th Avenue will most probably need four lanes between Unton Boulevard and Lindell Boulevard as development of the office buildings oc:c:ur in the future. On Page VII-2, the staff report discusses the East Ac:c:essway design standards. Traffic volumes associated with that ac:c:ess connection with Builders Square in place have been provided to the City. With that information, it is clear that the access will serve very low traffic volumes and that a high type roadway design is not necessary. Proper traffic control and warning signage can be installed such that the access can function adequately and safely. As acknowledged previously, the layout and/or location of the connection may need to change when the office park site plan becomes more definitive. Thus, the East Ac:c:essway . Memo/Mr. Allan Ciklin -7- November 12, 1992 can function adequately and safely with proper traffic control warning signage without being designed as a high type roadway. On Page Vll-6, the staff report recommends that the applicant submit parking data from comparable sites to address the need for the number of spaces to be provided at this Builders Square. The applicant will undertake such a collection of data for use in resolving this issue. JBP:jsl Attachments Copy to: Tom McMurrain Steve Godfrey JSL004/OO1 .. . , - PUBLIC AND CITY COMMISSION COMMENTS FROM NOVEMBER 24, 1992: Public Comments: (1 ) Mr. Bernard Plotkin, 2507 Par Circle, Delray Beach, who discussed his concerns regarding the increased cost of playing golf at the municipal golf course (i.e. , $.50 capital improvement surcharge, especially for walkers) , and his feeling that his correspondence to the Commission in this regard was not adequately responded to. (For clarification, Dr. Alperin stated that he had responded verbally, by telephone call, to Mr. Plotkin's initial letter, and the subsequent letter he sent was written on behalf of the entire Commission in the Mayor's absence. He did not continue to respond because the questions being asked were not different than those already answered.) (2 ) Mr. Bernard Lillenstein, 880-A High Point Blvd. North, Delray Beach, who submitted a petition signed by golfers pertaining to the imposition of the $.50 capital improvement fee. (See copy attached as Mr. Lillenstein read the contents as his public statement. ) ( 3) Mr. Harry Danziger, 2634 N.W. 12th Street, Delray Beach, who presented a similar petition in connection with the capital assessment fee/$.50 per play; see copy attached for content of statement. (4 ) Ms. Alice Finst, 707 Place Tavant, Delray Beach, who spoke on two matters: ( a) the poor appearance of vacant lots along Congress Avenue, between Atlantic and Lake Ida Road (especially the recently vacated Gelco site), and also commented that the plantings on Congress Avenue don't seem to be able to withstand a windstorm without at least one or two trees being uprooted under these conditions; and (b) the need for better maintenance of the historic marker in the Black district (located north of Mount Olive Baptist Church), including landscaping and general sprucing up. (5) Ms. Jean Beer, 945 Tropic Boulevard, Delray Beach, who requested that the City Attorney be present at meetings of the Planning and Zoning Board when items which have been referred by the City Attorney's office are scheduled to be heard. '. ','1' , -, (6) Mr. Emmett Blake, 1630 Catherine Drive, Delray Beach, who stated he was speaking on the same matter as last week, that being employment at the City's water treatment plant as a trainee. He had this date received a letter from the Personnel Department indicating that the City has a policy of attempting to promote from within. He questioned this policy since his view is that the most qualified person ought to be hired, and it is his understanding that two individuals have been hired as trainees in the water treatment plant who do not have the qualifications which he has. He questioned if this is an across-the-board policy or only on a selective basis. Mr. Blake requested he receive some type of reply regarding this matter. (7) Mr. Steve Thayer, 261 N.E. 13th Street, Delray Beach, who stated he had received a code violation notice for having a boat in his front yard and had been found in violation today by the Code Enforcement Board. He advised it is physically impossible to move the boat to the side or rear yard due to the way the homes are built and the existing setbacks. This is an ongoing problem in his neighborhood and he was advised to either apply for a variance from the Board of Adjustment or to get input from the City Commission as to a possible solution. The City Attorney stated the two solutions presented to Mr. Thayer were going to the Board of Adjustment and requesting a variance alleging the hardship described, or seeking a change in the ordinance itself. The City Manager advised if the ordinance were going to be looked at for a possible change, it should properly be referred to the Planning and Zoning Board. Mayor Lynch informed Mr. Thayer that the matter would be taken under review by the City Manager and a response would be forthcoming in a week or two. (8 ) Mr. Jerry Marshall, on the matter of the program for young people, he hoped that the Commission had received from the Assistant City Manager the material he had provided (WAPOA Report) and asked that some action be taken on it. Commission Comments: (1) Mr. Ellingsworth spoke in behalf of Michael J. Machek, Jr. (now deceased) who had been very active in Boy Scouts for many years and requested consideration be given to naming the Boy Scout Hut on Lake Ida Road in honor of Mr. Machek. Mr. Ellingsworth indicated that the Gulf Stream Council, B.S.A. , had been contacted and he felt they would be willing to provide a plaque at no cost to the City. A copy of Mr. Machek's accomplishments was distributed by Mr. Ellingsworth (a copy of which is attached) . NOTE: Per direction received from CM at 11/25/92 staff meeting, a resolution to this effect will be prepared for Commission consideration on December 8, 1992. .. j.',I' , . (2 ) Mr. Randolph: No comments. (3 ) Dr. Alperin: No comments. (4 ) Mr. Mouw: No comments. (5) Mayor Lynch: ( a) To the City Attorney, the Mayor asked for a status update on the news rack ordinance. (b) Mayor Lynch suggested the Commission consider holding a town meeting, perhaps sometime in January, 1993, at Old School Square, where the residents of the city would have the opportunity to express their thoughts and concerns. This way, after the March election when the Commission plans for the future, citizen input would already have been received. Prepared by: AMHjll-30-92 ,. 1;11' , -, This petition was undertaken after several letters were written to the city manager and City Counoil com- plaining about the 50~ surcharge for each round of golf at the Municipal golf course. Responses received from those letters explaining the necessity for the surcharge are simply not credible and totally unconvincing. ~t0 principal reasons were alleged for this so-called capi- tal improvement fee. 1. The American Disabilities Act requires the in- stallation of facilities for the handicapped. If that is so (the disability act I read only required these fa- cilities in new construction only) the expense of alter- ing a few stalls in the restrooms is not so large that it could not be financed by current revenues. 2. To ensure enough reserve funds to allow for fu- ture capital and emergency needs such as caused by Hurri- cane Andrew. In the event of a major catastrophy such as Andrew, the City of Delray Beach would be more concern- ed with restoring the entire infrastructure and not just the golf course. All available funds would be marshalled and distributed where most needed for the health and safe- ty of its citizens. Such a catastrophy would be a city wide problem and all its residents would have to partici- pate in funding the rebuilding, not just the golfers. As for ordinary capital improvements, profits of several hundred thousand dollars a year generated by the golf course is more than sufficient to take care of those pro- jects. Finally, I understand some adjustment was made to the golf cart fees to compensate for tbe imposition of the 50~ charge while no consideration was given to tbose member walkers wbo pay for 18 holes and walk only 9 boles. This 50~ fee is no small item since it can amount to a- bout a $250 a year increase for the average family, who play 3 or ~ times a week. Please reconsider this charge and correct an obvious injustice. ~~)f~ Bernard Lillenstein 88o-A High Point Blvd. N. Delray Beach, Fl. 3 34L~ 5 (h07) 272-5822 '. '".' _,_.,;.~.'~t._,,_._~~_.___..._.___..~..~;~._. ..-.-.". -- --.- ... -- .- - --..--.- .. r-l- .._- .---.--'.--~-'~;-- -- ----.-.-- .-..... PETITION - We, the undersigned registered voters of Delrar Beaoh and golfers at the Munioipal Golf Course hereby petition for the immediate reoission of the extra 50~ - "oapital improvementu.fee for Efaoh round of 9 or 1a"hole play. This is a partioularly objectionable oharge be- cause it is a devious way of increasing annual permit holder.f s and other fees atter the 01 ty Counoil had agre-ed on a lower tee struoture. Furtq:ermore, this extra Qharge 1s not warranted since ~evenues from the golf oourse are more than sufficient to cover necessary foreseeab;J.~.. o!lp~tal -.-'- improvements. / N~ ,. ~ / ADDRESS, , . .~:V1Jf7;; V C(f;4~. . I '5 ~)t3l/IC"lfiiJ'\Ttt___ . .. ., / R':i /j 1), fS:fj;;zdv~7t? tJc?~ !#.{ ,,-' ::'. ?fV1! c <k j!: L_.. {- rI " "j. - ' , j::;KW . 'tffli~~ ?~ -fh0A1/;:'J:>~vd~L- I (;11JI(;. ~ j :J. I ~1/<Tl/'(~ . ).J 11'~ '. If/! T.ti,Yj iJ~' 1(!Jvl 1J:' .' . /. /-... - --.- ..~... .........- -- --.-. .. ... - . - -.. -. - - . . -' .. . - - .... Z" .-. .. .. j' L ---- '-- .._-.~ - , gf7 it ;Jj~)-fT!"-i .a.R~j)L~Jf~_lf~_ 6..._~.__ U!~{4~~..-... ..~__~~~_~~~~_N?;d.-~~i~..i2=~----=- -~---_~. t. il-:_.. ..__ ....-.-_.o......._.:..__.Ji,1....~ft~f(,_.~~d.=_._._- .. . O' ____: ."._ ./.:-'/-11 .At.j1l....;::,-~::f\,-- A._~.__..____..__._..__.__ .ifi~C. . ~&~ ..___ . _._.__. fr{, f/U/ .2 f7/r:- /1: kC .. ..--.-....---~.-.. .. 1 ~ ! . 1).12 J . _ ._ .4rl"'r-/----.~~':-1. 11 _~':m~~._.______~____.__ U i r~ ,Llft57-<:- Z'~ YJX~,_ 'v~ .tL- I07J/l~ JU..__ b.~. /?0/4~~~~4G.. .. ~r14J1,;PrC ~6 ~ ~"J ;)0:1 (;,-, ~~~_~._ t~{~1 ~u 7/Z~' ?W6.~_, . . ~N/Y:::;Z~~- ~: ;;-f( .... -. ....~-..~ -' .R./L. ~~vc ~~~~~ ~~,-_.- :. . .::j'~~ '~/L, I :2f:5 C d? t fl-J- jJ~t~CL __.___.__ 1\---___-- .f( - . -~~~~~~~. ell? $ir./ /3crp ..............____ j;"-7t,~~~~... ~5 ~t;;/;{/N yo:;Fu?/- . ,~c~Cl;I:!:)~~ II fio 9~/<?u~~:.,<J{':~,_ . )~-,<3)~k; ~?f)t?V /?/J-C. Jh.&// /' 41ft' :r&:c::! _ . ~ ~ J - 'f ~J~ ' ( // /-.6." c..> /- ~~ .-:23 . (I 3 LV 7;2 ~/) /lz' ~ ;-, .-.- ..'." --', -'~a- .,--. ') 'c.~- ... -_.....~------- "'- ---- ~.. --.' ....~--~ '-'.---"1.' ,._..._or." _ 11I~~ e r-y~_ ;5:"~ 1_f.8~_>YO fL<f. HZL?Z_ l J/ b< _j~? ~J~ ~ '._ _ _ . .g_'1:L:1 .,:t:.. _~' ... /~;.':~)._-_._..._. ., ~ .. / cc ' " :~/.r;. LU VZ -- - -. . / ~ l J,-- . ,C"' L' '. . ~ ~~. .. . .. f J,P'nI6~L~ ,- ............... . . . J . .?llQ S (Jl'''''~ J$VJ. (",6\S ~' - . 't A . {(, ----c. 'I........... . . .. ~Q "'.' ,~...".". ;. ~ . C":- -. " fI;, (jj) j~.. f. ;7/!7 f';;j',,~,L- . ~~Ar~c..~ . PErrI'l'ION We, the undersigned registered voters of Delray Beach and golfers at the Municipal Golf Course hereby petition for the immediate recission of the extra 50~ "oapital improvement" fee for eaoh round of 9 or 18' hole play. This is a particularly objectionable charge be- cause it is a devious way of increasing annual permit holder's and other fees after the City Council had agreed on a lower fee structure. Furth ermore, this extra charge is not warranted since revenues from the golf oourse are more than sufficient to cover necessary foreseeable capital improvements. (f.-ill ADDHESS , __}j~ d--Stl7?~y' (~lyC ~~fvcy ~t ~v '! ~ " Z;. ,;In 1 r;,-r ~~~c1fk4. (, ~ {c . 7.(;( du1 77 ).... B .' 1-1. C ~ !611 V I i~v!J fJ~ioi jP/I (:, A , ~@~r:t ,4~- 723 0fl C!t.(' .'fr'~. ' ), t . . / ~i( b~~vtv ') q;2/ ~~1Ul~C. JJt. . uJi)~/ ~ , ' - . l/ II 1/ c:) '" ,.., 17 ... ' ./J /) f L /) ,'-AI '-::~.~~ vJ~5._/~~"~' ~~? N//" / I I p... 'I ,,- ,. II 1- . 1 , t C/'-1.. ';" //ltcA/L '.' L/I~~:VZ/Vl!, _ . :533.' .~~.. -. ,(~ " ~~'~ -, , "., ' .~04fP>t[u/ti [7 d-3,,~.7J;1.J't 01--0/ " " A'- ,S' I /')" /.... 1-u ' j') ,( (. ut~. Z t1/lA.vv~V.J v-J~' /'i~' ~.~ 0-/1/ /J c;!Lt1~~ /C'L-l ~eG! <.~ ,; . /b iLJ 1>~~.. ~ ~'{. ff' 1Rf. '{ >', " ! 1// , Y / ''7/ ' j - // ,~ 1L1.~ /:'?~L~, 'f>4-7 I-,~..r--~il'~ 't..'~'J,-W 1- ," (fr) ~(;' ,i (,t~.,..,., '.' 2-. .~ II /I ~vt- (.:'~ - tJJy O"qh~<, I ^ 4J (/ . 1 If l; ... ~ .-.1-., .2 (} 1 f ~',~ ~ ~ ~~1 ),ll~- " ~~ f"i~),/ Ct,~ r~vJ~ ~\'-'l~--vv' ---'4A~tI :t.kc:tt[ L/O ( {) "'! -<)~,4.~ D.t,,Lj IJ~ _ ~~o;- (0"11 D15-r ,Dr(. / 1/ . ~~>u:d'!I/LU'l1' 3;2'/JL;Jf~{" ,/ , H J~ 1010 IV: u! If ',4 '11'1 .'1~ I - .-/ .' i / I. / (..vJ1 'f7,,:f~'/:'/lupC-- 1(,/3...) I,.../Jp/;/I:: L';h:::lp ~ J ' ,.. /; ,1 I' ~~ - /}. ,..., \ :>-,/1 ,,-17: "1 "/ t. f-" v:-:/ /:...... / c j',\ ~). (,Iv' '~ F':N7C-, /f/t/'~,1(/ '-1~- ]<6) 1 /VW' 'F/7) :)'t-, ~ U \' r {",I, So', f3. '~p U-rl :tiuJ-11i~ 1-U1?-/7 Jv ere.. ~LllIY J3 ~~yrrj- , ' :& ~~I~ JI/rl~ &y - g;~ $...,.A %39-;)~ __. ~,,~ ...,l7t<~ 7'3,:~?,,~.LJj(,//lr.,-: r5'Z', 3~y,f'3 .c"J:"YhJ;~<i.? vt~'~r /!..,.~~/ [) J(J L'1>oJ itffi'ct ".;3'1~/r.r ?'.~~ ,~': II ')v 7 e 'SC)_ 01:. ),' 2>'1t1~ ~'1.tlJ.l_ ~2k-?~;} . ~~~':/)4:~//x'~i:~~ 1 L,~ C~L f )"-~-("'1^rvl. ".) ~ I 1-4'1?u.l<-,~ t?c{-z-:r , - _._"" PETITION We, the undersigned registered voters of Delray Beach and golfers at the Municipal Golf Course hereby f.etition for the immediate reoission of the extra 50~ toapital improvement It fee for eaoh round of 9 or 18-hole play. This is a particularly objectionable charge be- cause it is a devious way of increasing annual permit .holder's a.nd other fees after the City Council had agreed on a lower fee structure. Furth ermore, this extra charge is not warranted sinee revenues from the golf oourse are more than sufficient to cover necessary foreseeable capital improvements. ./ ADDHESS .J..1 <Of) rf ,-' It.-{ LD :,u )(' /Y'1 3.~( ", . I I ).... . " . ( . i., , , ~ " J 1__ . \ ~'?"-C :iJ .L-\ U'^' Ll...-i l- ).t'vt/I.... ./ cY 7 h;J ~I tJ-t t~j(;c~/. /' . co2$3 () etJ.,., C! '-^~\ ~ ./ ... }..rv'? '/ I t 2 '-A' {..(,A~ y'" 7~ D -7-:;?id.-"~ /~vvt-. ./ 72-.:; -t5 l.'~~~ r~~<:~ ( -- . ~ rfl-rrn; ~ 1~ ,.,/ "4f (--tv. e 07r f&{ avde. ........- ~71 ~ c:J~cUS' 72-Z-- ~F.'. CIECl.l? Qt$'":36 ~~ ()~,t 5-_~I)l ~~:el<(-~- J-: .3e, ~w I ~Sl \%P?iZ ; J 0," ~v4-? c:-. J '~2 . 2- r. ~s- J-c)~-~ V ~ ~ 3 "z.j T'lw./o ~~ S'(-.~t / ; / '5 C 1/.),eV! ,-I r~ . 'v . ( I 1, Iv: >.J< rTn {f' li'11 fl. D 1.'1 I ~ 3}- ,{; - vu L-? i LA . 2~ -, ~ LJ (,JL 'y ~ "- l ~ I ~ . 'y.' Q~& .. \J ~ ~ () /7 ~\- yY ~ ~~)}n-/ ) ,,- /'.)IJ S&.ur/-r . ,L)~ ,A.AJ /I l- . .. " ---.-.,,-- ,.- . .... c" - U"_ I i ______.__~__~~:-.--;-,'~.--.--..--'----.---'-.-~..'----::-:"....~.t:'~--~-.-._....~.-.,- ,"'--"., __u___ -..,.----------.---. ----------.--.......,..- ___ . ! I ! .d______. PF:rITION .___._.__.______ __._ _ __no' .-Wa,-the- underalgnedl'egistel'ed.Yo-te-rs--of--Delpay------- .- iBeaoh and golfers at the MuniolpSl. Golf Course. hereby fretition-tol' ,the immediate--I'eoisslonot 1;he--:-extra'50~ -- - ". 'cap1 tal improvement'" tee for 6aoh round of 9 or 18' hole ,tPla,..--'1'his -is - aparticularl,. 'object10nEible ohargebe-' . - -. icause it is a-devious way of inoreasing annual permit j holder.t a- andotber"raerr--atter "the--Cl ty CotinG!].- 'bad agre'ed-- on a lower tee structure. Furth ermore, this extra qharge is not lfarranted 'sino&~ev-en\1.$- tromthe '~olroout'$e8.l'Ei-. -.- - more than suffioient to oover neoessary foreseeable capital i... - . -. . .t '. ..-.---. - - .. .- - ...- ---. --- . . -- - - ,. --.- .,. --.------- , mprovemen 8. -- . .-.-. -" ..-- NAME ADDHESS . .__ . I~~ ~~~ B:ofl-41r.~.LJaf;;~4~. i' WaA-1.<-4Ji-' ~~~~" . .fo / oS, W. J... 7-t:!:!. ~ d_ 1/ . /I_~ 't- tK/ --7/ J.. ~; rr/ . ,.. ill II i]" _. ._. )jL aA-7,:.--rC:>U -- '3~7' ;v__,,~)c~~~~14Z ~.~~{: ',_ I' ..t I c... f /_L,;';'". '-/.y l J. "" 11, ,<.f.L/....' . . -- { ... . .--- _. , . - . . . -- -. .--. - ,_. -- .. - .-- - . ....,--. --:-- --"--.... I fl.. ,.4-,l.[J. /' t; ,UNH' .'. L JI~k- i'1 GM-<-M ..,;/.0.~. (U...., ... . /, 1. / 'X' ,'j ~) ~ . .. j. , }.. I if ,0.. /L.'..Lv::J.: '..-. '. A')...l/'..'~?'..."(,f/t.C' . 7-<._7... L. ._...... _.p~.t:' U.,.," L."'/. (/ ;'~~"_/ I". ., ."., ., --1 ~,\ I 'A~.1t. f5 ((. ./ff . {." /" f / LL?1-/r~1. '_, L/ ,,' _0:/:-:,,'.I~' J!'~L '.t. (j.A:U/--.~_(Z.!-r_ - __ '~/__ . I. .,) '-,._ '1 '.. ..' .;. h C.. ( . / ,.,-., I ..~. . r'. . ,. .,.-. (( . I" , I ' j. C ( . I --- j () ;'.!' 'C_,,.,J -... -' ;",,/.....<! ..._' - ,) - _. .' < ,.f.A~-- j -~.>/.~' '." '~:~f -~:. .-..-.,..,- ~ J 1;'.(;' .t (J.fl (),~ ~~ J 0 OQ, ee, ~(' la,~T{Zrf k;" 1)0: J~<e,,/ f:J'~:'~<1j.~ . /f )'1 / ~ . i I ., i ,/1, /:>''10,'"'' ,./ /' .:f / ~ /t:.? r: .~. I" :. f r ,'6/.. ,. ; .,--:.~ 1...,;- -.,:',--:'" ~,,-~-, "._n_ -- :.J . ~.._-- :'-_._- \ t -_.~ -~, --.- _u.J..... Iff! j' 'c I;) -j I . , " '.. f (.~.." ;'-..;fr.j "_i:' ,t.......-........ I 7, ; J,r >.;. _, . _. ..- ' ... .....'....:.'. t- ....' ,,~. .... ~'~'.- I. ' .. ---rJ \ . I 1._ - ;..., \ 'I \ / .~ , ' 1._ ! ",' '. .-.-","'" 'II ,- <-- " , 7 i >--.-'- I ; ,': (, /// {{''J.,., . . . -. /. ~ ' ,,/ 1-- "" " - v -, . ." -;/ _. ----,.. ~_.' / r) z:&d':' . -- Z?J;:' . .:_ ,'" / , \'_, .~..-. H__ , -- t' ~ r-" /"J \, t \. I l..' lO-i'? CV 0 a ";:; (/ - / / '7.:../ /41 )! , U /''J .....,t,../ /~-- P' /-'" .;"'. -.... "..) ., . . "--t.. . _~..) 7 .., f "'~ --4/. '.. ...." --. ... ~ ~... ' - ./ ~" - ... . , I I, G ~ '3 ,'" " -,\~/. ,} , ~ '" . .~~~AI /(>~/3JJ~/JV ~~/. -_. ....~"_. -- , _...- --.--. -- -_....~ -~. .-.__._,---~.._... . -_.- > ..>~ .---....... - ........_...~..------_..._..., -,----.-.-. .---- --~- ,- --- --.._~.~-,-~~ . -..-..-.....-- "'---~----.-._~-."...-...--.-_--~~.._-..-- -,,_... ...._...~. --~ ..---~-- _..-. '-. ".- .. ... ,,,...-..t, . r -...__.. __. .-'_'__"_._'~.' '_~'" ___., .~_,_"_,,,__,_. ,... .._ ~.h_~"_",,,,..---.a..--.4 (. -,~,--'-' --.--.- , '-''-'--~--~-'------'" -- -..--,-...-'-.--. ... ~.- ....-----.~-_ '~"-''''''''''''--'-' --.-.-. --.,-." ....-.- -- .--...--..-.-.-----.-.-....1 ., . ...._...__.._--.".__.__.~- .....- --.---/. _.._--~... ..-.- _...... ~__._.."...._. ""__..._....>'_..__~.._.._~_._._....__.".:"".____.>_._....._.h._.._". ___.___ __ _. ~'._'._._ .. ___..__.., _._.. ,. .............._~., t ....... , ~ ...- -;--.. ,_. ....~_..._......._.._.. ._--"_._._:~...,..^..~ '..'t.)'; 1/','7",7": "",," . . .~::"'"'-._. .~-._~. -..---.-. -~_._-~-.-.--._---.--. ----... , , . PETITION ~""- ..- . .-............... .,. .-....... We, -.the underslgned registered ..yoters--ot-Delray. . .---~--~. -._... ,Beaoh and goiters at the Munioipal Golf Ooursehereby ;' ftetHaon for the 111DDediate reolssion of bhee.x.bra50jt """-' I: 'capital improvement'" tee for Efaoh round of 9 or 18. hole ... play. This is a particularly objectionable oharge beM oause it is a.devious way of inoreasing annual permit ; 1 holder.t 8 and other fe.satter the 01 ty Counol1 had' agre'ed ,on a lower ree struoture. Furth ermore, this extra qha~ge :'1s not warranted sinoei"evenu.es from the golf oourse are . ~.- i more than suffioient to cover necessary foreseeable capital .....---....-.....---..- .._-..~.,._~ I Improvements.' /' NAME ADDHESS -_......~~. - h-.v p.~~- . " -~....._... I /".''1 11/ ~u i ~''.- ,.~~ II .. / .._~. ('~. "~ ~.~.,~ ...,_ _ ;', _" J' '- . Af.. (/... l .. . "\;.J 1b'"'-~/ l,~.: -'{,: \ .- - "r;i VI . bJ.v ,r/ '" ~_' .:/ /-1' tl . , ' (/ ~'" ._, ,il [;77 f) - 0/ r f . ... ", i' ".'. ..t^'. :X" l _.....,,- Ir\ ,....' ,./, '._' .......u . " c:... V /' .~ '" , i.. ....,- . ~--- .... .-. r"'--"~ ,- -~-_.,.. . -....... _.._.......- . \ , .~-- -- -.-----.-. ,,_.._~._....+_.__...--.- . -- ~- . _.. --- _... -.... ~- >"'~-'- . '" .._... .'~'-' .-.-..-- , , . . i , -., .-, I, - .-...- , , --.-.-. . .. - , . , , , ~ ---..- ~..__.__....--. I , _..~.- ..--..-. ." _.."._~ ~..- .- - ....- I . .--- ,..-.--.".- ....!.._.....I.____- ......~.--._. .- _.~_... ---. -_.. . ----.-.-- -.-..- .--.. . . ~...--... ~--, .-.-. .~_....-..- ----..--...-. .. ---.- ._..~_.--. .~.__..^'"-_._-_._.. .__..-.._-"....--~._._-_.- -.-..- ... "",,,~,,-----,--- ._----_..~ ----- _.- -.... _..._~___ _ __ .".~._..__.f .( . _..._.._.......__...._ '"_~~"_"_'_' _ '_.'A'__ -'.-" -'~'-'~"'"'----''-''''' .......-... .-"'-'-- ....~-.--~..,.. -.. . . ...... _"".~_._..__4..~........... ~_. ._.__"._._....__..~_........_._u....~ _'_ __....._ .._. __..,_ . __~ . .... . :. -/ . _.. . c__....,._. ~......^..^.-...~_~~., ._ -.---- __ __ .. ~_.__. _._" '_M,,___".______.._'_"___M_' ........_.;_.....~~".~__..~.__J'. --....~--~--..;.. ,----. , "'-~'- -..-...... - .-.,."-.' ..--.- .....--.--..-. -~T .,. ~...- .... - -~" -- -. .--.-.....,-.... ,.......__w._..,.. t . . . .... ,..~. 4_.","_, . . . _... '-"-"-' . ~-_._... --- _...........__........:............... I , ._~...__.'w._ _~.l','L. ~4' '--- .. iT'- '-, I' I ' PETITION .. .~-_.... 1'-'- i ,We" the undersigned registeredvote-I'a--ot-Delray-' , -. -- _.~. .~---_. --. -.". 'Beach and golfers at the Municipal Golf Course hereby petition tortbelmmediate-reeission ot the, extra SO~ .. - ~"-'''- -..-.--,'-"-,--, "capital improvement'"fee for fJaoh round or 9 or 18'hole play_ This is a partioularly objectionable charge be- .~ .~- . cause it is adevioua way of increasIng annual permit : 'holder J 8 and other teea - atter . the CityCouncl1 bad agreed on a lower ree struoture. Furth ermore, this extra oharge . is not warranted since revenues frOmthegolf'oduttae aren U'._ -- more than sufficient to cOVer neoessary foreseeable oapital '- '-- ._,-._...._..._~---._. -'.~ 'improvements. 4 ___'_""___'__"_._ . - _... '''_'0- r ! _.~,,- NAME ADDHESS i:/.f4~~ , K1J"A- Jv ,~, ~~ ~c..dL- r1.n ]:/ '-f '+ ~r- ..._ . . YLQ') \..f ~'0l G- "'" Q t! <: <.Ql;y -il...., "" ~. \? -+l .) ~ 4.~ ... _ CIL//V~fcL4/-?r 2<f1f:f{.:V~1 ~?!frM'M ~WC_ / .' i. . }1i ~ . () v ( .'. I -e / - . / ' . fi, f4q ~ I I ""-t~ . . / '. / , . ({) / . - IF'e.. ... -. L-j/t~ vy----'. -- -:-. I 0. . f;. r" ~ I C /f..-i>-r- ; / ,".'1 './ ,i , /1 . .. . ., ..~...... ._>-/ ... 5'~~:;;'fIj;o,.~n.- '.. ~/ t/ '_' /-$ .J;. ~7p-q--.~. I. ~~ /_~ O' ..3ab~kL rJ?'t:0,'TJ<" ~~~,.Lll3 '~ /0 ~ /5/.2< J '-/-. / J..... ::!l::X.;;Ji... ';. Ii' ~Z:;~~/-~~ .' .;;'--'7- ."It. 11 r. ,.L'f J7t:?;]7Qi:L~._ , . ...) . ~g;; '7-V7 I) (J ~d ~.~~J~~ " ~'~ .. ,. c%J'I' t~CL~~~:~;~~:;~;~'ez' D~:;~7.~. h~71dP' . . ..', I i!ft?{d.(;.;. ll'r ~_.- :~ldiflJ{t~l(t/0 hiT CUyt . . (; 1 ~_e~et . I. dt) -1: 1f /~ .,:~.' t tJ3 7J{,RAIJ ~I,A~'-' ~ -RJ(f~t: - t:fj{;dc'2J /P;f'-;/~ ;2-;7/:/./h . /. .~~fPd' ;. . ~.;;__:.__:.J ~ ? .:.,.. .. ........ . 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'I \ ., . . , . . , ,- >1 I \ ) ; .; " ' i ' ' 1 '/ . J,/ / >..., / -;" / ..1 I I / I '1.- /- , I - ' .,. . , f ,/-" / " /. I / /.."..,,- ; V .c.. ~/ /> ,/ " ..;.j~*' ,/1.7', "7 ...;-7 ( .,?,,- -- /.~..... 1 / ( :..-':" . '" '- (. ,,.,..~ )< .' , , ( /.. l.. I ,.- / ........c. ,. , ,I , / ~/. f '" ! ,,/ , / . / I ; - , .. .// , - / " ! , 1 ' I I I --.,-- , MICHAEL J. MACHEK, JR. Scoutmaster in Delray Beach for 40+ years/Troops 101 & 302. An Eagle Scout himself, he guided 40 young men to Eagle Scout. One of his Eagle Scouts, Todd Clark, in 1984 was selected from 3 million boys as the number one Scout in the nation to present the annual Scout Report to the President of the U.S. Instrumental in the development and construction of the local "Scout Hut". Instructor in Wood Badge courses in U. S. , Central & South America. Holder of 4 Wood Badge Beads (highest award in Adult Leadership Training). SILVER BEAVER and SILVER ANTELOPE Awards (Two of Scouting's highest honors; Recipient of ORDER OF THE SPIRIT OF GOOD WORKS AWARD from Panama in recognition of his contribution to Scouting in Central America. Audiences with Presidents Eisenhower, Nixon, Ford, Carter and the President of Venezuela. Director on the Board of S.E. Region, B.S.A. (eleven states & Canal Zone) Camping Committee Chairman for the Gulf Stream Council, B.S.A. Instrumental in the development and construction of Tanah Keeta Scout Reservation, Jupiter, FL. Attended and served on Staff of National and World Scout Jamborees, continuously from 1950 through the mid-1980's. His teaching ideas and programs are incorporated in many of today's adult training manuals. Quoted from B.S.A. National publication: "Of all of Mikels honors and recognitions, he considered the title of "Scoutmaster" to be the highest. He felt that his greatest contribution to Scouting was leading a troop of Boy Scouts. . . . He wa s a leader and trainer of men. He served as coordinator of all Wood Badge courses in the Southeast Region and was known as "Mr. Wood Badge. " Probably no one will ever know all the contributions to Scouting but Scouting - is better for having had Mike serve as one of its leaders. " In addition to his Scouting activities, he received the Key Citizen award from the City of Delray Beach in 1984; donated his time and equipment in the planning and construction of what is now Hilltopper field at Atlantic High School, and served on the board of the Gladiola Festival. He was a Life Member and past President of the Delray Beach Lions Club, and a member of Cason United Methodist Church.