The URL can be used to link to this page

01-29-91 Regular -, w" . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JANUARY 29, 1991 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Wnen 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. : , , Agenda Meeting of 1/29/91 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. AGENDA 1. Roll Call. 2_ Invocation. 3. Pledge of Allegiance to the Flag. 4_ Agenda approval. Action: Motion to approve. 5. Approval of Regular Meeting minutes of January 8, 1991, and Special Meeting minutes of December 28, 1990 and January 16, 1991. 6. Proclamations: A. In recognition of the accomplishments of the Delray Rocks Football Program. 7. Presentations: . ' A. Sunshine Tennis Cup Association 8. Consent Agenda: A. AGREEMENT WITH PALM BEACH COUNTY SCHOOL BOARD: Approve an agreement between the City and Palm Beach County School Board for the installation of a traffic signal at Pine Grove Elementary School to be located at the intersection of S.W. 4th Avenue and S.W. 10th Street. City Manager recommends approval. B. LANDSCAPE AGREEMENT: Approve an agreement between the City and the Delray Beach Housing Authority, for the expenditure of allocated Fiscal Year 1989/90 funds in the amount of $20,000 to be used to provide landscaping for Carver Estates. City Manager recommends approval. C. ACCEPTANCE OF LIFT STATION NO. 34C: Accept ownership, operation, and maintenance responsibility for Lift Station No. 34C -2- .' , Agenda Meeting of 1/29/91 located at Dan Burns Oldsmobile Acres. City Manager recommends approval. D. ACCEPTANCE OF EASEMENT DEED: Accept an easement deed from the owners of property located at 3333 South Dixie Highway necessary for the installation of the Boca- Delray water main interconnection project; and approve installation of City water services to this property as compensation for the executed easement deed. City Manager recommends approval. E. ACCEPTANCE OF EASEMENT DEED: Accept an easement deed from the owners of property located at 3317 South Dixie Highway necessary for the installation of the Boca- Delray water main interconnection project. City Manager recommends approval. F. ACCEPTANCE OF EASEMENT DEED: Accept an easement deed from the owners of property located at 3327 South Dixie Highway necessary for the installation of the Boca- Delray water main interconnection project. City Manager recommends approval. G. WATER SERVICE AGREEMENT: Approve a water service agreement between the City and Delray Beach Medical Center located at 4665 W. Atlantic Avenue. City Manager recommends approval. H. ACCEPTANCE OF GRANT FUNDING: Accept grant funding from the Solid Waste Authority in the amount of $57,913.37 for Year III of our recycling program. City Manager recommends approval. I. WAIVER OF PROCESSING FEES: Approve a request from the Drug Abuse Foundation for waiver of conditional use modification 'and site plan fees for the proposed Oak Square development. ; .City Manager recommends approval. J. WAIVER OF PLAN AMENDMENT PROCESSING FEES: Waive Comprehensive Plan amendment fees for private petitions included in Amendment 91-1 to the Comprehensive Plan. Planning and Zoning Board recommends approval. K. FINAL PLAT APPROVAL AND WAIVER REQUEST: Approve final plat for a boundary line adjustment to the plat for Rebecca's Landing and approve request for waiver of sidewalk installation requirements. City Manager recommends approval. L. REQUEST FOR FINAL PAYMENT-GATEWAY CONSTRUCTION COMPANY: Approve a request for final payment from Gateway Construction Company, for completion of the Rehabilitation of Storm Drains Project (Hyacinth Drive, Poinsettia Road, and Cypress Drive), in the amount of $15,331 with funding from Streets and Sidewalk (Account No. 001-2911-519-60.63). City Manager recommends approval. -3- . Agenda Meeting of 1/29/91 M. REQUEST FOR FINAL PAYMENT-COMMUNITY ASPHALT CORP. : Approve a request for final payment from Community Asphalt Corp. , for completion of the bike path on west side of Homewood Boulevard from Linton to Atlantic, in the amount of $20,387.84 with funding from Capital Outlay Resurfacing (Account No. 334-3162-541-60.53). City Manager recommends approval. N. REQUEST FOR FINAL PAYMENT- WIDELL ASSOCIATES, INC. : Approve request for final payment from Widell Associates, Inc. , for the completion of the Water Treatment Plant Expansion, in the amount of $209,983.59 with funding from 1984 Water and Sewer Revenue Bond-Water Treatment Plant Clarifier (Account No. 441-5162-536-60.76). City Manager recommends approval. O. RESOLUTION NO. 3-91 : A Resolution assessing costs for abatement action required to board up an unsafe structure at 521 S.W. 9th Street. City Manager recommends .approval. P. RESOLUTION NO. 4-91 : A Resolution assessing costs for abatement action required to demolish an unsafe structure at 712 Lake Ida Road. City Manager recommends approval. Q. RESOLUTION NO. 5-91 : A Resolution assessing costs for abatement action required to board up an unsafe structure at 718 S.W. 4th Avenue. City Manager recommends approval. R. RESOLUTION NO. 6-91 : A Resolution assessing costs for abatement action required to prepare an unsafe structure at 1010 S.W. 7th Avenue for demolition. City Manager recommends approval. ; S. RESOLUTION NO. 7-91 : A Resolution assessing costs for abatement action required to demolish an unsafe structure at 110 S.W. 12th Avenue. City Manager recommends approval. T. RESOLUTION NO. 8-91: A Resolution assessing costs for abatement action required to remove nuisances on 45 properties throughout the City. City Manager recommends approval. U. RESOLUTION NO. 9-91/RAILROAD REIMBURSEMENT AGREEMENT: Consider a railroad reimbursement agreement and adopting Resolution No. 9-91 for the maintenance of the S.W. 10th Street crossing. Annual estimated cost of this agreement is $480. Funding is available from General Fund Balance. City Manager recommends approval. V. LICENSE AGREEMENT: Approve a license agreement with Sanitaire, in the amount of $52,896, for use of their patented system of cleaning air diffusers at the South Central Regional Wastewater Treatment and Disposal Plant. Funding is available in -4- . Agenda Meeting of 1/29/91 SCRWTD-Buildings (Account No. 444-5165-536-60.31). City Manager recommends approval. W. AWARD OF BIDS AND CONTRACTS: 1. Annual Liquid Chlorine and Sodium Hypochlorite contract- Water Treatment Plant- Jones Chemicals (Liquid Chlorine) in the approximate amount of $31/075 and Allied Universal (Sodium Hypochlorite) in the approximate amount of $84/600 with funding from Water Treatment Division Chemicals (Account No. 441-5122-536-35.18). Account balance $362/965.91. City Manager recommends approval. 2. Remedial WTP Hurricane Protection- Water Treatment Plant- James P. Moran, Inc. in the amount of $61/042 with funding from $8 Million Line of Credit (Account No. 444-5164-536-60.31) to be reimbursed from 1991 Water and Sewer Revenue Bond. Account balance $234/925. City Manager recommends approval. 3. Purchase of Replacement Vehicles via Florida State and Collier County contracts- Vehicle Maintenance Division- Multiple Vendors in the amount of $415/448.62 with funding from various Department's Automotive line items. 9. Reqular Agenda: A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period of January 4th through 28, 1991. B. APPEAL OF PLANNING AND ZONING BOARD ACTION: Consider a request for appeal of a Planning and Zoning Board action denying the Master Plan Modification for the Delray Park of Commerce. C. RECONSIDERATION OF REQUEST FOR RELIEF: Reconsider a request for relief of development requirements for street and sidewalk construction on Miami Boulevard in the Silver Terrace Subdivision. D. REQUEST FOR FUNDING: Consider a request for funding in the form of a $74/750 loan and $24/000 grant from the Morikami, Inc. in order to facilitate the move and re-erection of the Sundy Feed Store. Funding is available in General Fund Contingency Account. E. REQUEST TO HOLD CARNIVAL: Consider a request from the Community Missionary Baptist Church to hold a carnival from February 27th through March 3rd on vacant lots adjacent their church on S.W. 5th Avenue. -5- -. . Agenda Meeting of 1/29/91 F. SELECTION OF AN ARCHITECT: Determine ranking of the top three architectural firms and authorize staff to negotiate with the firm ranked number one for a contract for architectural services for the Fire Station No. 1 project. G. HISTORIC PRESERVATION DESIGN GUIDELINES MANUAL: Consider formally adopting the Historic Preservation Design Guidelines Manual. Historic Preservation Board recommends approval. H. DESIGNATION AS HISTORIC LANDMARK: .Consider a report from the Historic Preservation Board recommending the designation of the Colony Hotel as a historic site; and if appropriate, direct staff to prepare an ordinance for formal ratification. Historic Preservation Board recommends approval. I. DESIGNATION AS HISTORIC LANDMARK: Consider a report from the Historic Preservation Board recommending the designation of the Flamingo Service Station as a historic site; and if appropriate, direct staff to prepare an ordinance for formal ratification. Historic Preservation Board recommends approval. J. PAY FOR RESERVIST ON ACTIVE DUTY: Consider extending the pay and benefits for City employees who are reservist recalled to active duty due to the Desert Storm crisis. K. AMENDMENT TO THE GOLF COURSE AGREEMENT: Consider an amendment to the agreement between the City and Dubin and Associates, Inc. which reduces the amount of liability insurance from $5 million to $1 million. City Manager recommends approval. L. SERVICE AUTHORIZATION NO. 15A: Consider Service Authorization No. 15A, in the amount of $20,400, to the contract between the City and Post, Buckley, Schuh and Jernigan, Inc. for a Hydraulic Analysis and Feasibility Study for modification of the eastern wastewater pumping and transmission station (Veterans Park). Funding is available in 1990 Note Construction Fund-Master Lift Station (Account No. 444-5166-536-33.11). City Manager recommends approval. M. CHANGE ORDER NO.1: Consider Change Order No. 1 to the contract between the City and A.O.B. Underground, Inc. in the amount of $15,040 for installing four (4) conflict boxes between drainage and sanitary lateral services and seven (7) sewer lateral conflicts; incidental road and sidewalk repair; and consider a four day time extension. Funding is available in 1987 Utility Tax-Rainbow Homes (Account No. 333-3616-541-61.13). N. ALLOCATION OF FUNDING- FIRE STATION NO.2: Allocate funding, in the amount of $24,600 to finish the elevator component of Fire Station No.2, from the 1989 Note Construction Fund Contingency -6- , . Agenda Meeting of 1/29/91 Account. City Manager recommends approval. O. APPOINTMENT OF A MEMBER TO THE CODE ENFORCEMENT BOARD: Mayor's appointment of a member to the vacant subcontractor's position on the Code Enforcement Board. Deferred from 1/8/91 regular meeting. P. APPOINTMENT OF A MEMBER TO THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD: Consider appointing a member of the Community to the SCRWTDB and, if appropriate, establishing the length of term of service for such appointment. 10. Public Hearings: A. REQUEST FOR WAIVER OF CITY CODE REQUIREMENTS: Consider a request from the property owners at 112 N.E. 1st Avenue to waive City Code provisions which require paving of an adjacent alleyway and landscape curbing improvements as part of the development of a professional office use known as "Pineapple Cottage". Historic Preservation Board recommends approval. B. REQUEST FOR WAIVER OF THE SIGN CODE: Consider a request from Delray Bait and Tackle to permit a 45 square foot sign within a mural border of 315 square feet. C. ORDINANCE NO. 1-91: An Ordinance amending Chapter 4, "Zoning Regulations", of the Land Development Regulations by decreasing the rear yard setback in the Neighborhood Commercial (NC) Zoning District. Planning and Zoning Board recommends approval. D. ORDINANCE NO. 3-91: An Ordinance amending Chapter 4, "Zoning Regulations:, of the Land Development Regulations by increasing the maximum allowable floor area for a single tenant or single use from 20,000 sq. ft. to 60,000 sq. ft. with the Planned Commercial Small Scale (PC-S) Zoning District. Planning and Zoning Board recommends approval. E. ORDINANCE NO. 4-91: An Ordinance amending Chapter 4, "Zoning Regulations:, of the Land Development Regulations by repealing Section 4.4.19(D) and enacting a new Section 4.4.19(D), "Conditional Uses and Structures Allowed", to provide provisions for conditional uses and structures allowed in the Mixed Industrial and Commercial (MIC) Zoning District. Planning and Zoning Board recommends approval. F. ORDINANCE NO. 2-91: An Ordinance amending Chapter 2, "Administrative Provisions", of the Land Development Regulations by including additional items for which the Chief Building Official has authority to approve, approve subject to conditions, or deny a building permit. Site Plan Review and Appearance Board -7- . . . Agenda Meeting of 1/29/91 recommends approval. G. ORDINANCE NO. 5-91 : An Ordinance amending Title 3, "Administration:, Chapter 30, "City Commission" of the Code of Ordinances by amending Section 30.15 "Waivers of City Ordinance", by adding a new subsection 30.13(C) to provide for the imposition of a fee to cover advertising and administrative costs associated with processing the waiver application. City Manager recommends approval. H. ORDINANCE NO. 6-91 : An Ordinance amending Chapter 36, "Finance; City Property Transactions", Subheading, "City Purchasing" , Section 36.02 "Acquisition of Personal Property, Supplies or Contractual Services" to provide certain criteria to make the purchasing process more effective and efficient. City Manager recommends approval. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. 12. First Readings: A. ORDINANCE NO. 8-91 : An Ordinance amending the Code of Ordinances to provide that the definition of "Non-assessed Property" shall include tax-exempt property; to provide for a discount for properties located within the Lake Worth Drainage District and those properties serviced by private street drainage systems where the City does not provide maintenance; to provide for an adjustment for non-residential properties not located within the Lake Worth Drainage District with private drainage systems on site. If passed public hearing February 12th. . . 1. RESOLUTION NO. 118-90: A Resolution establishing a budget for the Stormwater Utility System; establishing rates for Stormwater Management assessments for each parcel within the benefitted area; and authorizing, upon adoption, for the City to bill and collect Stormwater Management Assessments. 2. STORMWATER ASSESSMENT ROLL: Ratify, confirm, certify and adopt Stormwater Assessment Roll as being correct, proper, and in conformity with the Resolution setting forth the budget rates. B. ORDINANCE NO. 9-91 : An Ordinance amending the Land Development Regulations, by enacting a new sub-section "Trucks", to provide for restrictions on truck parking in the Residential (R-1A) Zoning Districts. If passed public hearing February 12th. C. ORDINANCE NO. 10-91: An Ordinance amending Section 118.27 "Fees" of the Code of Ordinances by repealing Subsections (A) and (C) in their entirety; and by designating the remaining -8- 4 , -. t# . Agenda Meeting of 1/29/91 subsections in proper alphabetical order. If passed public hearing February 12th. D. ORDINANCE NO. 11-91: An Ordinance amending the Code of Ordinances by amending Title 3 to provide that the publication of the terms and conditions of purchase of property shall not be necessary in the event the City has authorized the use of its eminent domain powers. If passed public hearing February 12th. 13. Comments and Inquiries on Non-Agenda Items: A. Commission B. City Attorney C. City Manager . ' -9- . " [ITY DF DElRAY BEA[H ..:.. '; =- o. _..;~ ;_'c: ..:;...:..' '"::::. ~ --< _ :: ,= ::>:.. j J.l..lJ. PROCL,UI1 no' WHEREAS, the Delray Rocks Football Program, sponsored by the Delray Beach Parks and Recreation Department, proudly represented the City of Delray Beach; and, WHEREAS, during November 21 - 25, 1990, the Rocks competed for several National Championships, under different weight classes, against teams from various regions of the Coun- try; and, WHEREAS, the 90, 115 and 140 pound teams won the National titles; the 80 pound team won the Fiesta Bowl at Daytona Beach, Florida, and the 90, 115 and 140 pound teams played in the playoffs for the Hollywood Optimist Football League Superbowl for 1990, with the 140 pound team finishing as runner up to the Superbowl for 1990; and, WHEREAS, a 140 pound team player, Jeff Burgess, was the M.V.P. in the national competition at Daytona Beach, Florida; and, WHEREAS, the Cheerleaders for the 80 pound team won the Dance Competition at Daytona Beach, Florida, and a 90 pound team cheerleader, Miss Monica Herring, won the Most Spirited Cheer- leader award; and, WHEREAS, the 115 and 140 pound team Cheerleaders won the Loretta Parada Conduct Award at the Hollywood Optimist Football League competition for 1990; and, WHEREAS, the 140 pound team Cheerleaders were Superior Winners in the Cheerleading Competition for 1990 at the H.O.F.L.; and, WHEREAS, the parents, friends, and Cheerleaders of the Delray Rocks represented the City of Delray Beach in support of the accomplishments of these young men, young women, and their coaches, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the Delray Rocks to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 29th day of January, 1991. MAYOR THOMAS E. LYNCH SEAL .1'1 Agenda Item No. : AGENDA REQUEST Date: 1/16/9] Request to be placed on: X Regular Agenda Workshop Agenda - When: -1~Y . 1 Descrirtion of agenda item ~~ how much): Proclamation for De ray Rocks Football Prog ~ir accomplishments. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend proclamation be made to the Delray RockR FoothRll ProgrRm. Department Head Signature: Determination of Consistency Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @NOM Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . PROCLAMATION WHEREAS, the Delray Rocks Football Program, sponsored by the Delray Beach Parks and Recreation Department, proudly represented the City of Delray Beach: and, WHEREAS, during November 21 - 25, 1990, the Rocks competed for several National Championships, under different weight classes, against teams from various regions of the Country: WHEREAS, the 90, 115, and 140 pound teams won the National titles. The 80 pound team won the Fiesta Bowl, and the 90, 115, and 140 pound teams played in the Hollywood Optimist ~otball League Superbowl for 1990, the 140 pound team was the runner u~he Superbowl for 1990. The Cheerleaders for the 80 pound team won the Davie Competition, a 90 pound team cheerleader, Miss Monica Herring won the Most Spirited Cheerleader, a 140 pound team player, Jeff Burgess was the M.V.P.: and, WHEREAS, the parents, friends, and cheerleaders of the Delray Rocks represented the city of Delray Beach in support of the accomplishments of these young men, and these young women, and their coaches, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the Delray Rocks to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 14th day of January, 1991. MAYOR THOMAS E. LYNCH SEAL , . WHEREAS, the Delray Rocks Football Program, sponsored by the Delray Beach Parks and Recreation Department, proudly represented the City of Delray Beach; and, WHEREAS, during November 21 - 25, 1990, the Rocks competed for several National Championships, under different weight classes, against teams from various regions of the country; and, WHEREAS, the 90, 115 and 140 pound teams won the National titles; the 80 pound team won the Fiesta Bowl at Daytona Beach, Florida, and the 90, 115 and 140 pound teams played in the playoffs for the Hollywood Optimist Football League Superbowl for 1990, with the 140 pound team finishing as runner up to the Superbowl for 1990; and, WHEREAS, a 140 pound team player, Jeff Burgess, was the M.V.P. in the national competition at Daytona Beach, Florida; and, WHEREAS, the Cheerleaders for the 80 pound team won the Dance Competition at Daytona Beach, Florida, and a 90 pound team cheerleader, Miss Monica Herring, won the Most Spirited Cheerleader award; and, WHEREAS, the 115 and 140 pound team Cheerleaders won the Loretta Parada Conduct Award at the Hollywood Optimist Football League competition for 1990; and, WHEREAS, the 140 pound team Cheerleaders were Superior Winners in the Cheerleading Competition for 1990 at the H.O.F.L.; and, WHEREAS, the parents, friends, and Cheerleaders of the Delray Rocks represented the City of Delray Beach in support of the accomplishments of these young men, young women, and their coaches, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby proclaim the Delray Rocks and the Delray Rocks Cheerleaders to be ETC. ~~ oJY ~(l ~ ~~ {p eM ~ .. ~ ~. ~(jhp110 ~ crrfi ---- - -"- - -- ---~--- ---- ----_.~ - .--~ ---- RESOLUTION NO. 10-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING AND RECOGNIZING MEMBERS OF THE U.S. ARMED FORCES PARTICIPATING IN OPERATION DESERT STORM IN THE PERSIAN GULF. WHEREAS, the City of Delray Beach cares deeply about all of the service men and women who have been deployed to the Persian Gulf region, especially those who are residents or employees of the City; and, WHEREAS, regardless of the political issues involved, residents of Delray Beach wish to express their complete support of members of the U.S. Armed Forces participating in Operation Desert Storm; and, WHEREAS, the City of Delray Beach wishes to let members of the Armed Forces participating in Operation Desert Storm and their families feel proud of their service to their country; and, WHEREAS, a rally and motorcade being planned for Saturday and Sunday, February 16th and 17th will provide members of the Delray Beach communi ty to visibly demonstrate their support for our troops in the Persian Gulf region, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission endorses the rally to be held in Veterans Park on Saturday, February 16, 1991, at Noon in support of our troops in the Persian Gulf area. Section 2. That the City Commission endorses the motorcade on Sunday, February 17, 1991, which will leave the South County Courthouse, 200 West Atlantic Avenue, at 2:00 P.M., likewise in support of U.S. Armed Forces participating in Operation Desert Storm. Section 3. That the City Commission hereby urges residents to show their support by participating in the rally an motorcade, and by displaying yellow ribbons to let our troops, and their families, know how proud we are of them and that the City of De1ray Beach cares. PASSED AND ADOPTED in regular session on this the 29th day of January, 1991. ~~~~- ATTEST: 'i (J {I. 'PI! ~ ~ ,}!;1::1V jjr;-;t;- j: C ty Cl k I , -1-1 . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM 41= - MEETING OF JANUARY 29, 1991 AGREEMENT WITH SCHOOL BOARD OF PALM BEACH COUNTY DATE: JANUARY 23, 1991 This agreement is for the installation of a traffic signal at the intersection of S.w. 4th Avenue and S. W . 10th Street adjacent to Pine Grove Elementary School. Provisions of the agreement include City installation of the traffic signal at no cost to the School Board, and that the signal shall be installed and operating prior to the beginning of the 1991-1992 school year. Further, the School Board shall cooperate with the City in the design of intersection improvements and shall dedicate additional School Board land for right-of-way if necessary for an intersection design acceptable to the School Board. A conceptual design is being prepared at this time. Initial estimates put the cost of this project at between $60,000 and $160,000.00. Tentative funding has been identified in the Decade of Excellence Bond Issue/10th Street Improvements, with an alternative being the Prior Year Surplus General Construction Fund. Once the design has been completed, it will be brought before the Commission for approval and designation of a funding source. Recommend approval of the Memorandum of Agreement between the City and the School Board of Palm Beach County, Florida, for the installation of a traffic signal at the intersection of S.W. 4th Avenue and S. W. 10th Street adjacent to Pine Grove Elementary School. , . 1/d.9 /J GEiI7JJ Ii GROWTH MANAGEMENT CENTER WILLIAM V. HUKILL ASSISTANT THE SCHOOL BOARD SUPERINTENDENT OF PALM BEACH COUNTY, FLORIDA 3930 RCA BOULEVARD. SUITE 3004 PALM BEACH GARDENS, FL 33410-4272 407-624-7239 January 2, 1991 r~ 1;. t. L .b\i :er, , A J A iv ? 1991 Mr. David Harden, Manager CITY MAr~iiGtR'S OfFIC\ City of Delray Beach 100 NW First Avenue Delray Beach, Florida 33444 Re: Memorandum of Agreement for Traffic Signal Pine Grove Elementary School Dear Mr. Harden: At a regular meeting held on December 13, 1990 the School Board approved the Memorandum of Agreement for the installation of a traffic signal at Pine Grove Elementary School prior to the beginning of the 1991-1992 school year. Enclosed please find four (4) copies of this agreement for execution by the City Commission. After approval, please return a fully executed copy for our files. Please do not hesitate to contact me if you should have any questions. (~~J"' '. . .~ltG Li a S. Howell Real Estate Acquisition Coordinator Growth Management Center LSH:bf Enclosure cc: David H. Williams Richard Kurtz Michael L. Kirk H:\data\ wpSO\doc\es\site.PIE I ~- , MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this _ day of ,19_. between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida, (hereinafter referred to as "SCHOOL BOARD"), and the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan Development Regulation Act, F.S. 163.3161 (4), to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of units of local government; and WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools of Palm Beach County, Florida, and does own and operate schools in the City of Delray Beach; and WHEREAS, the CITY, under its powers, is desirous that under its required procedure that the integrity of its Comprehensive Land Use Plan is maintained. NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties agree as follows: 1. The School Board and the City recognize the immediate need for a traffic signal at the intersection of S.W. 4th Avenue and S.W, 10th Street adjacent to Pine Grove Elementary School. The City shall install said traffic signal at no cost to the School Board. The signal shall be installed and operating prior to the beginning of the 1991- 1992 school year. The School Board shall cooperate with the City in the design of intersection improvements and shall dedicate additional School Board land for right- of-way if necessary for an intersection design acceptable to the School Board. IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. Signed in the presence of: SCHOOL BOARD ~-:r~ PALM BEACH C~TY, FLORIDA ':c1;f Y--' ~y: L~d '. Johnston, Chairman I ~ ~:~~.~~ Attest: Thomas J. Mills, Superintendent By: (Notary Seal) CITY OF . FLORIDA By: Attest: (SEAL) ;o\Nr.\~t\"'''M''n"n,d 11th 0I1( . . . MeMo CITY OF DELRAY BEAC~ ti -- TO: Jeff Kurtz, city AttorneY~TE' Mark Gabriel, City Engine . 1/14/91 FROM: Alison Harty, City C1erk[q0~ SUBJ: Memorandum of Agreement for Traffic Signal/Pine Grove Elementary School Attached for your review is the Memorandum of Agreement for the installation of a traffic signal at Pine Grove Elementary School prior to the beginning of the 1991-92 school year. Per the City Manager, this item is to be placed on the January 29th City Commission regular meeting agenda for approval. If you have any concerns or comments, please contact the City Manager. Thank you. Flit GROWTH MANAGEMENT CENTER WILLIAM V. HUKILL ASSISTANT THE SCHOOL BOARD SUPERINTENDENT OF PALM BEACH COUNTY, FLORIDA 3930 RCA BOULEVARD, SUITE 3004 PALM BEACH GARDENS, FL 33410-4272 407-624-7239 January 2, 1991 ff.nL.tJ VEr~: JAiV 7 1991 Mr. David Harden, Manager CITY MAfVAGfR'r OFF City of Delray Beach 100 NW First Avenue .) IC[ Delray Beach, Florida 33444 Re: Memorandum of Agreement for Traffic Signal Pine Grove Elementary School Dear Mr. Harden: At a regular meeting held on December 13, 1990 the School Board approved the Memorandum of Agreement for the installation of a traffic signal at Pine Grove Elementary School prior to the beginning of the 1991-1992 school year. Enclosed please find four (4) copies of this agreement for execution by the City Commission. After approval, please return a fully executed copy for our files. Please do not hesitate to contact me if you should have any questions. V ry truly YJS' . .~ttC Li (ia S. Howell Real Estate Acquisition Coordinator Growth Management Center LSH:bf Enclosure cc: David H. Williams Richard Kurtz Michael 1. Kirk H:\data\ wp50\doc\es\site.PIE I ~-: " , MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this _ day of ,19_, between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida, (hereinafter referred to as "SCHOOL BOARD"), and the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan Development Regulation Act, F.S. 163.3161 (4), to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of units of local government; and WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools of Palm Beach County, Florida, and does own and operate schools in the City of Delray Beach; and WHEREAS, the CITY, under its powers, is desirous that under its required procedure that the integrity of its Comprehensive Land Use Plan is maintained. NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties agree as follows: 1. The School Board and the City recognize the immediate need for a traffic signal at the intersection of S.W. 4th Avenue and S.W. 10th Street adjacent to Pine Grove Elementary School. The City shall install said traffic signal at no cost to the School Board. The signal shall be installed and operating prior to the beginning of the 1991- 1992 school year. The School Board shall cooperate with the City in the design of intersection improvements and shall dedicate additional School Board land for right- of-way if necessary for an intersection design acceptable to the School Board. IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. Signed in the presence of: SCHOOL BOARD ~~-1 PALM BEACH CoplfFY, FLORIDA ~ ~~;///~ c- /" /, By: Lynd~. Johnston, Chairman I ~ __.~:/.~~ Attest: Thomas J. Mills, Superintendent By: (Notary Seal) CITY OF . FLORIDA By: Attest: (SEAL) MI\dnr.\~t\",.mn"'ftrt .t11 . , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {!it/! SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 LANDSCAPING AGREEMENT-CARVER ESTATES DATE: January 25, 1991 In Fiscal Year 1989/90 funding in the amount of $20,000 was allocated to assist the Housing Authority with installing landscaping at Carver Estates. This allocation was recommended through our Citizens Participation process of the Community Development Block Grant projects list. The agreement before you provides for the distribution of $20,000 in Community Development Block Grant Funds, to be released following an inspection of the project and certification by the City Landscape Inspector that the work is complete and satisfactory. The City has provided the Authority with technical assistance in developing landscape plans and estimates that the total project will cost in excess of $80,000. This project will be done in phases according to funding availability. A contractor has been selected through the Housing Authority's competitive bid process. Building "A" , 770 s.w. 12th Terrace, of the complex has been selected for improvements in Phase T. Recommend approval of the agreement between the City and Delray Beach Housing Authority for $20,000 of Community Development Block Grant Funds to landscape Carver Estates. M E M 0 RAN DUM January 24, 1991 TO: David Harden, City Manager From: Dorothy Ellington, Community Development coordinator~~ Thru: Lula Butler, Community Improvement Director~ Subject: Agenda Request/Agreement for CDBG Funding of Landscaping at Carver Estates ITEM BEFORE THE COMMISSION This request is for Commission approval of the Agreement between the City and the Delray Beach Housing Authority (PHA) to provide CDBG funding to install landscaping at Carver Estates, the public housing complex. BACKGROUND Twenty thousand dollars ($20,000) was allocated during the 1989/90 fiscal year to assist the Housing Authority with installing Landscaping at Carver Estates. This allocation was recommended through our required Citizens Participation process and approved by Commission during the regular budgetary process for FY89/90. The City has provided the Authority with technical assistance in developing plans for landscaping and estimate that total project costs will be in excess of $80,000. As a result of this estimate the Housing Authority has decided to landscape the project in phases as funds become available. The PHA through its competitive bid process has selected a contractor to install this 1st phase of landscaping for Building "A" of the complex. The project is to be supervised by the Housing Authority Staff who will insure compliance with the terms of our agreement. Community Development staff will insure compliance with Federal and local regulations. The Agreement has been reviewed and approved by the City Attorney. RECOMMENDATION Staff recommends this Agreement be approved. AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR INSTALLATION OF LANDSCAPING THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") made this day of , 1991 - between the City of Delray Beach, hereinafter referred to as "City" and the Delray Beach Housing Authority, hereinafter referred to as the "Housing Authority" is related to the provision of $20,000 in Community Development Block Grant Funds to be used for Landscaping at Carver Estates. These funds are authorized per the budget approval of the City Commission on September 26, 1989 with the following terms and conditions: 1. DEFINITIONS a. "Housing Authority" means the Delray Beach Housing Authority. b. "City" means the City of Delray Beach. c. "Program Income" means gross income received directly generated from the use of CDBG funds. 2. STATEMENT OF WORK a) The City and the Housing Authority agree that the Housing Authority will: i) be responsible for awarding contracts through procurement procedures in accordance with 24 CFR 85.36, and provide documentation for City files as proof of compliance with this regulation; 'II! li) ensure proper landscape installation at Building A, Carver Estates, 770 s.w. 12th Terrace, Delray Beach, Florida, pursuant to the project description attached as Appendix A, and provide for project supervision; iii) comply with the Davis-Bacon and Related Acts requirement as described in 24 CFR 5; iv) insure completion of work on the project described in Appendix A within 90 days of the date of execution of this agreement. b) The City will: i) release funds to the Housing Authority in an amount not to exceed Twenty Thousand and 00/100 Dollars ($20,000.00) following an inspection of the project and certi- fication by the City Landscape Inspector that the work specified in Appendix A is complete and satisfactory. ii) provide technical assistance upon request to assist the Housing Authority in complying with the terms of this agreement. 3. RECORDS AND REPORTS The Housing Authority will submit prior to the disbursement of CDBG funds the following documentation: a) proof of compliance with section 8(b)(i) of this agreement; b) copies of all invoices submitted from land- scaping contractor; c) copies of all procurement documents including contract documents; 2 "'I d) other records as may be necessary to determine compliance with this agreement. 4. PROGRAM INCOME The Housing Authority agrees to use the funds provided only for the cost of materials and installation of landscaping at the Public Housing complex, also known as Carver Estates and that no part of CDBG funds will be used to generate Program Income. 5. NON-FEDERAL AUDIT As required by the Single Audit Act of 1984, the Housing Authority agrees to provide copies of independent professional audits of the Housing Authority's financial activities in order to determine whether CDBG funds have been spent as intended. 6. MONITORING The Housing Authority agrees to make its records available to the City in order to assure compliance with applicable Federal and local requirements. The Housing Authority further agrees to allow access for site visitation by Federal Monitors as warranted. 7. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS The Housing Authority agrees to retain supporting documentation relating to the installation of landscaping for a period of three years, dating from September 30, 1991. 8. OTHER PROGRAM REQUIREMENTS 3 >1'[ a) The Housing Authority certifies that no person shall on the ground of race, color, national origin or sex, be denied participation in the Housing Authority's activities. b) The Housing Authority agrees to carry out the activity for which CDBG funds are provided in compliance with all Federal laws and Regulations as described in subpart K of 24 CFR Part 570, a copy of which is provided for reference and includes, but is not limited to the provisions of: i) the Davis-Bacon Act ii) the Copeland "Anti-Kickback Act" iii) Sections 103 and 107 of the Contract Work Hours and Safety Standards Act. 9. SUSPENSION AND TERMINATION In accordance with 24 CFR 85.43, suspension or termination of this agreement may occur if the Housing Authority materially fails to comply with any term of this agreement. This agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. This Agreement contains all of the parties binding representations to one another. Any amendments or modification hereto must be in writing. 4 HI. DELRAY BEACH HOUSING AUTHORITY Executed by Housing Authority on ____ day of , 1991. WITNESS By: EXECUTIVE DIRECTOR CITY OF DELRAY BEACH, FLORIDA Executed by City on ____ day of , 1991. By: CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY 5 ." APPENDIX A STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR BID # THIS AGREEMENT made as of the _ day of January in the year 1991, by and between THE DELRA Y BEACH HOUSING AUTHORITY (hereinafter called OWNER) and CELEBRA nON ACRES, INC. (hereinafter called CONTRACTOR) WITNESSETH THAT the OWNER and CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. Work. The CONTRACTOR will perform all work as shown in the Contract Documents for the completion of the Project generally described as follows: Article 2. Landscape Engineer. The Project has been designed by: Article 3. Contract Time. The work shall be completed within 90 calendar days after the date which the CONTRACTOR is to start the work as provided in the Contract Documents. It is mutually agreed between the parties that time is of the essence of this contract and in the event the construction of the work or any portion thereof is not completed within the time specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the sum of One Hundred Dollars ($100.00) per day for each calendar day thereafter that the work specified remains uncompleted beyond the time allowed. Article 4. Contract Price. The OWNER will pay the CONTRACTOR for performance of the Work and the completion of the project in accordance with the Contract Documents subject to adjustment by Modifications as provided therein in current funds as follows: Total Sum $16,369.26 Sixteen Thousand Three Hundred Sixty-Nine and 26/100 Written Amount Article 5. Progress and Final Payments. The OWNER will make progress payments on account of the Contract Price as provided in the General Conditions as follows: 5.1 Progress and final payments will be on the basis of the Owner's Representative for Payment as approved by the Owner's Representative. 5.2 On or about the first day of each month during construction: 80% of the work completed, and Zero (0) % of material and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.3 Upon Acceptance for Substantial Completion, a sum sufficient to increase the total payments to the CONTRACTOR to 90% of the Contract Price less retain ages as the Owner's Representative shall determine for all incomplete work and unsettled claims. '.111 5.4 Upon termination of the four month warranty period for plant materials, the Owner's Representative and Landscape Architect shall inspect the installation of plant materials for final completion, and upon acceptance for final completion the 10% retainage for landscaping shall be paid. Article 6. Warranty. 6.1 The four month warranty period for Landscape Materials shall not commence until all work has been accepted for substantial completion. Article 7. Contract Documents. The Contract Documents which comprise the contract between the OWNER and the CONTRACTOR are attached hereto and made a part hereof and consist of the following: SECTION CONTRACT DOCUMENTS A Request for Bids B Instructions to Bidders C General Conditions D Special Provisions E Proposals F Contract G Scope of Work & Specifications H Final Estimate Reconciliation Agreement & Affidavit of Release of Lien I Plans 7.1 Addenda numbers _ to _, inclusive, and 7.2 Any Modifications, including Change Orders, duly delivered after execution of this Agreement. Article 8. Miscellaneous 8.1 Terms used in this Agreement which are defined in Article I of the General Conditions shall the meaning indicated in the General Conditions. 8.2 Neither the OWNER nor the CONTRACTOR shall, without the prior written consent of the other, assign or sublet in whole or in part his interest under any of the Contract Documents and, specifically, the CONTRACTOR shall not assign any money due or to become due without the prior written consent of the OWNER. 8.3 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4 The Contract Documents constitute the entire agreement between the OWNER and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Article 9. Other Provisions. 9.1 Funding pursuant to Article 5 will be subject to funding by the City of Delray '1'1 Beach pursuant to that certain Agreement for Funding and Acceptance of Funds for Installation of Landscaping attached hereto as Exhibit "A". Insurance Required IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. WITNESSES: DELRAY BEACH HOUSING AUTHORITY By: De borah Castellow, Executi ve Director WITNESSES: CELEBRA TlON ACRES, INC. By: Contractor I '1'1 , . Agenda I tem No. : AGENDA REQUEST Date: 1/24/91 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: JANUARY 29. 1991 X CONSENT AGENDA Description of item (who, what, where, how much) : AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR INSTALLATION OF LANDSCAPING! DELRAY BEACH HOUSING AUTHORITY (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: RECOMMEND APPROVAL FROM ACCOUNT # 118-1963-554.60.]Q (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). ~ ~ Department Head Signature: ~ ~ ( ~ ~ City Attorn Review/ Recommenda '0 ii!- plicable):, ~ Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: M Approved for agenda: $J NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt0?V1 SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ACCEPTANCE OF LIFT STATION NO. 34C DATE: January 22, 1991 The lift station and sanitary system located on Dan Burns Oldsmobile Acres are now accessible for maintenance and operation by the City. This item is before you to accept ownership, operation, and maintenance of that system. A formal agreement is forthcoming. Recommend acceptance of Lift Station No. 34C. - MEMORANDUM . ~~~,. tV g TO: _~.'.i'd . . .. r..~;.~~woo .. .~ b. of Environmental Services i ... Mark A. Gabriel ~ ..'{ THRU: - Asst. Dir. of Environmental Services/ City Engineer .1 George Abou-Jaoude ~~ Dep. Dir. of Environmental Services/ Capital Projects SUBJECT: D.B.O. ACRES - LIFT STATION DATE: January 7, 1991 The corrections to the Lift Station at D.B.O. Acres have been completed: 1. Replacement of built in pump rails with stainless steel bolts. 2. Level and lower rock around lift station to match station elevation. 3. Raise hose bib. 4. Clear brush around fire hydrant. The lift station and sanitary system are now accessible for maintenance and operation by City forces. .... RNP/gm cc: Ernest A. Kaeufer, Asst. Dir. of Environmental . servicesiP~p~iC Utilities ~. Ud.1I.1~"".EJI!I.. . ~..""~S~ . filej a:rnpdbols I . . !/ - i ! , Agenda Item No.: AGENDA REQUEST Date: 1/17/91 Request to be placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: 1/?q/q1 Description of agenda item (who I what I where how much): Request Citv Commission to approve the acceptance of List Station ~34-C located at Dan Burns 01d~mobi1e Acres. The Lift Station has been constructed in accordance with rnp c'iry of De1ray Specifications. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends Citv Commission approval and acceptance of the n~m Rl1....nc:: Olih::mohilp A('re~ (D.B.O. Acres) Lift Station 1134-C ;... 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: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: &/ NO ~ Hold Until: ' /, Agenda Coordinator Review: Received: Action: Approved/Disapproved . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ACCEPTANCE OF EASEMENT DEED (3333 SOUTH DIXIE HIGHWAY) DATE: JANUARY 23, 1991 As you are aware, the design for the water main interconnect with Boca Raton conflicted with all existing utilities along the proposed route. Therefore, it has become necessary to obtain an easement deed from the property owner at 3333 South Dixie Highway in order to proceed with this project. Negotiations with the property owner resulted in a request from them to be connected to Ci ty water in exchange for the easement deed. The cost of hooking them up for service is $1,188.00. Funding is available from Water and Sewer Fund - Boca/Palm Beach County Emergency Interconnect Account No. 441-5162-536-60.39. Account balance: $100,000.12. An additional $75.00 deposit fee is required for the installation of the water meter. The property owner has agreed to pay this fee at the completion of construction. Recommend acceptance of easement deed and authorize staff to connect 3333 South Dixie Highway to City water service at no cost to the property owner other than the required $75.00 water meter deposit fee. . . RETURN TO: This instrument prepared by: Robert W. Federspiel 501 East Atlantic Avenue Delray Beach, FL 33~83 The area above this line is for recording data EASEMENT DEED .".. THIS INDENTURE, made this L day of January, 1991, by and between RONALD T. RUDY and DOROTHEA J. RUDY, his wife, party of the first part, and the CITY OF DELRA Y BEACH, a Florida municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: The West 10' of Lots 40, 41, 42, and 43 in Block 4 of DEL-RATON PARK PLAT NO.1, according to the Plat thereof, recorded in Plat Book 14, Pages 9 and 10 of the Public Records of Palm Beach County, Florida. Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egress -:,ver and on that portion of land described above, to effect the purpose of the easement. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the parties of the first part agree to provide for the release of any and all mortgages or liens encumbering this easement. The parties of the first part also agree to erect no building or effect any other kind of construction or improvements upon the above-described property. Parties of the first part do hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, ihe parties to this Easement Deed set their hands and seals the day and year first above written. /{:~U:j~ Ronald T. Rudy ~ -11 z (~ C- /~?t<zA<,,~ .. 1-- STATE OF FLORIDA Dorothea J. Rudy' : COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an office authorized in the State and County aforesaid to take acknowledgements, personally appeared RONALD T. RUDY and DOROTHEA J. RUDY, well known to me, and they acknowledged executing the same. WITNESS my hand and official seal in the County and State last aforesaid this {I~day of January, 1991. ~LitQs J. ."\ I / ,..} . ..)(.."t.J~Y Notary Public State of Florida at large ))-J 1_l'l ~ (SEAL) My commission expires: "'! - RETURN TO: This instrument prepared by: Robert W. Federspiel 501 East Atlantic Avenue Delray Beach, FL 33~83 The area above this line is for recording data EASEMENT DEED 'fl-- THIS INDENTURE, made this 1L day of January, 1991, by and between RONALD T. RUDY and DOROTHEA J. RUDY, his wife, party of the first part, and the CITY OF DELRAY BEACH, a Florida municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: The West 10' of Lots 40, 41, 42, and 43 in Block 4 of DEL-RATON PARK PLAT NO.1, according to the Plat thereof, recorded in Plat Book 14, Pages 9 and 10 of the Public Records of Palm Beach County, Florida. Concomitant and coextensive with this right is the further right in the party of the second part, its successors and assigns, of ingress and egr~ss over and on that portion of land described above, to effect the purpose of the easement. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the parties of the first part agree to provide for the release of any and all mortgages or liens encumbering this easement. The parties of the first part also agree to erect no building or effect any other kind of construction or improvements upon the above-described property. - . .- - -- - .' ,.;~ . .\h~gt; . '~:I.. ',' ,.~.';; ;"., ~~~.~. :i .:.l ';"., ~h:I~~r \.'." . . . : .. I\. ;~;" , 't"";'. ~ . \' ," . ~ ~ . ,.' " " 'j'~.i>', ~~~~" :.: .," .', ;,l~t "./:'~: 'r';:<':. ,\.,:,.,1.::-: I' - ~. . .<..{ [try DF DElRAY BEA[H 1(. .. :;..'<;' c,",:.. '''~ . rj.... . ,I.. (:.:; :\!H ~:\ .:;: .., .~Ii. .. ...,;l.......t, '....1 . ~,!ki,!/ ~,; .' " ""'~~?l~i" I . .{ ~'~ ,. I 100 N,W. 1st AVENUE , DELRAY BEACH, FLORIDA 33444 ' 407/243-7000/..'Sf:',' . 'j' .~>~,;,: " " ; .', .~ I ~ January 15, 1991 ... Ronald T. Rudy 2531 Blue Jay Turn Delray Beach FL 33444 Dear Mr. Rudy: This letter will serve as an agreement between the City of Delray Beach and Ronald T. Rudy with respect to the water service and water meter. The City, at its own expense, will ", .}\ .~ . furnish and install a 3/4" ( inch) water meter at 3333 South. ."-:F-." ,'1'" , Dixie Hwy. in exchange for a ten foot easement along the '~\~'l:;.t' j westerly property line. . ~!::;<:} . The installation of the water meter will require the d~posi~ ... of $75.00 by the property owner at the completion of construction. ." , , : \ ~ Attached is a breakdown of the water meter application for ; ,. your signature. < ' . . , Ij)~d ,,-~~ William H. Greenwood Director of Environmental Services RP:mc cc: Jeffrey Kurtz, City Attorney Robert Federspiel ;# File: A: RUDYWAT.RNP ~ I , I.' 0", . .. . ... f ,.' . ".f.:,'i'.,J , . I,~': : THE EFFORT ALWAYS M ATTEI=tS ':1"I',.r . :.. .:~.:;;"~' ~~'~ " ~. .f,", ,(. ~. '. .. .,"~"ll" '\,. "I.,':' .;" ,;.">/:',t~. \ ':~~.r-'~:t\.. .':,' ~ ", : . ~ 'j ,; !~, ..~~. r.." \, ~'~t~~9f;,:~;.'~ " .. .' .'.. i ~)"".'~.'. .:A;I;tt':"'i\,J. SEQUENCE No.: Building Permit No.: LOCATION NO.:. '.';,\.'." ,. .'f\!('.J,'.- , ' .' . '", ~ . . I . ,.:.,~, DATE: 1/15/91 Appllcallon No.: RECEIPT NO.: ~N~:::i>'1J 0 {.':: , t ,. ~J:;, .: .~.:' . '.:. . ., ':l: '::\1;.\}";" ., CI1Y OF DELRAY BEACH . .::;':}J:::> ENVIRONMENTAL SERVICES DEPARTMENT ':\.t,~:;;[:; REQUEST FOR NEW OR REVISED WATER/SEWER SERVICE 1" .'~;'{~'i~:~L'. =========::=======::=====================:========::=====::=======:::======:=:==================:=:=:====:=========:==:::::==:::::::::========== -, TO BE COMPLE'rnD BY APPLlCANr ":'...h'. ::i;,.~~\\::,':, . . '. :;; { ,r, .l'~' 'f NAME PHONE (1 . . :i;:~j.'(' ~:.:/J j,>" MAILING ADDRESS ......J:'./i'; ~>.\'~:.:., ': SERVICE ADDRESS . ,! . ,,;.(;,: . f.", ... LEGAL DESCRIPTION: LOT BLOCK,,::::\,r:j~. , ~ ~,j ~:~:?';'lit..\" SUBDMSION: '.,::;;;;\1". ....".':) :!' ~~., I ' ~ t' ",J}~.. RESIDEl'ITlAL' . "1:~)N";J ,:",.. " rJ.i.j:'{I~'Jl:1 SINGLE FAMILY MULTI FAMILY ,... .. .",. "'.,'. ~ ':;;\ti.~~~.,. I I I I ...,'.' ,:~",':' Fixture count No. of units fl':. . . . .. .. . .. < I.~~ f',l:..~i. '. r, . ," ," . 1 \'-~ ~~i', '~4;,.:. Sewer size I I Sewer size I I ,".. . .'i\: .i:~\#.;\ . ,..~. UI'." . . . , . " ' '~l"" "'1. ~.' L ... \", COMMERCIA .' . . .,\:. -/~~:~::!i0;,. . . . 'I ..\/.,.1'\1,' No. of units I 1 I No. of square feet I I ;.: . <}:{I:~;!)\:: Sewer size I N / A I Water meter size requested I 3/4" I :.:..... .' . /:'Y,'~, FIRE LINE (IRPJGATION.) VEGETATION Size requested I I I I "j. Size requested · Exceptlons see Code of OrdInances 52.19 nnd/or Land Development Regulatlons ., 6.1.10(5) or call Environmental SeJVlces/Utlllty Inspector: . .,'. ~,. ApplIcations may be delayed due to verification of water and sewer' .:.~,:., avallablUty lo property. ~ Date . " (Applicant's SIgnature) ------------------------------------------------------------------------------------------ -----------------------------------------------------.------------------------------------ TO BE. COMPLETED BY ENVIRONMENTAL SERVICES ERC-LMETER SIZE ':\ / l." INSIDE CllY. OUTSIDE CllY DEPOSIT TO GUARANTEE PAYMENT $ 7 Cj nn CODE OF ORDINANCE 52.33 441.0000-221.11.00 METER INSTALLATION CHARGE METER SIZE IN INCHES 3/4" 400 00 .~.1 CODE OF ORDINANCE 52.32 441-000.343.33.00 , CONNECTION CHARGE (WATER) ~I - NUMBER OFUNITSlERC 1 @$788.oo 788.00 Ii CODE OF ORDINANCE 52.31 441-000.343-34.00 .; CONNECTION CHARGE (SEWER) NUMBER OF UNITSlERC @$1084.oo" . CODE OF ORDINANCE 54.13 441.Q00Q.343.52.00 . .,~::~: '" <I" , I' /J':i'l/liVI~ TOTAL M~OUNT REOUIRED $ 1,263.00 I ";:::i~Y,,.,: NOTE: ALL FEES LISTED MUST BE PAID PRIOR TO INSTALLATION OF METERlSERVICE.,,';:~;)!:~ APPLICATION MUST BE RESUBMITTED IF PERMIT LAPSES OR IS RENEWED. . . .: ',. . ... '..: ;!', FOR" NO 9 00 (One Equivalent ResldenlialConneclion (E.R.C.). 7.500~~P"Moolhl ~.. ~', '. ......'., ,.. :. ..,'.,i......;::. M . 1- 1 " . . , " ,. /i"'.' "'"'I' REVISEDI2J28191 :. ". '. .. ....'...',:::',1'" DATE 01-01-91 . APPROVED BY . " .. i-{1;,;,I:;.! /,// .' . ::."" .: If . ! . ~ I .. _ I . Agenda Item No.: AGENDA REQUEST Date: 1/17/91 Request to be placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: 1/29 /91 Description of agenda item (who, what, where, how much): Request City Commission to approve the Easement Deed from Ronald Rudy in exchange for Water services ert located at 3333 South Dixie Hw. This Easement is necessary for . in~~~ll~~ion of the Boca-Delrav Water main interconnection project 90-04. Cost to the City is $1.188.00 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: ~~::!ff rp-C'.nmm~nil~ Ci ty Commission acceptance and approval of this Easement Deed and installation of this water service. ... Department Head Signature: Determination of Consistenc Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Di~~or. Revie~/ (required on all ite.s involving expenditure of funds): 71t,:, tw(II<.Jv It'AJIt; I Funding available: @NO Funding alternatives: (if applicable) Account No. & Description, ;v'f"'''.t"",.. ,.". ~-I/,4(' ~ Account Balance: /I /n(1" IJD6 ..1 ~ I ';J:.;tI';'~ . City Manager Review: '1'1/-Sll1- J'. ttJ.3, . Approved. for agenda: ~ NO f7vf ~ Hold Unt~l: ~ . Agenda Coordinator Review: Received: Action: Approved/Disapproved " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER M SUBJECT: AGENDA ITEM # -MEETING OF JANUARY 29, 1991 ACCEPTANCE OF EASEMENT DEED DATE: January 22, 1991 This is an easement deed to accommodate the design for the water main interconnect with Boca Raton. The property owners of 3317 South Dixie Highway have granted an easement in order to allow this project to proceed. Recommend acceptance of an easement deed from property owners at 3317 South Dixie Highway. - . '. 1;."... _ _,~T DEED THI:i INDENTURE, made this _ day of ,l!i ,by and betw.... , Eula C. McGTH1' , partiu of the fint pirt, &od me CITY OP IJiJ.kAY B.cAC~I, a Florid" municilJ<l1 corporalion in Palm Beach Count~, Su&e oa F4Gt~, piol'l)' 01 the $o;:cQl)d I iU't: '1 WITN~SSE.TH: That the parties of the Uru pilt, for iU'ld In coos.idet.t1an oJ the sum at J cn ($IJ.OO> Dollars and olher good and nluable consideradoN to h in hAnd piUd by the s~iti pail/, of .the iCcond part, the receipt of which is hereby acknowLcdlcG, doa hereby t;ronl. bGrgaln, sell and releue unto the party of the iCcond ~t, 1u I~CC"~rll ~1f.Id ~igns, a right of way and perpetual cuement for the purpo.lC 011 cons r. 0 W.1'1, h f 11 d f . hr' ...-'1 ~ ~n rc:e ng t, ,berty, iUld autharuy to enter upon and to WI' }pcr;H~, ~n". !T'al~'il.1O su~h water mninWldc:r, acr~, through and upon, oVlr., under ~r wah~n the following deSCnbed property lOUted in Palm 1X&Ch CGunty, PJQrid4i, to-wHl EASEMENT West 10 Ft. of Lots 31 through 36, inclusive, Block 4, DEL-RATON PARK .according to th~ Plat thereof, as recorded in Plat Book 14,Pages 9 , . '?, of the Publ~c Records of Palm Beach County, Florida. Together w~th Resolut~on No. 68-86. Said lands situate in Palm Beach County, Florida. COOCo:-ilitant and coe~enslve with thU right is the further rl&ht in Uw put)' . , f;\l .U\a iCcood p.:If'. hs succenors and auigns, of ingrc.u iUld egrus-over. and" on ~e portion ot W"lq cc,),:ril.-cd above, to eUect the purpo~e$ of the c~mcnt. . ':"h<lt thi$ easement $hall be: $ubjecI only 10 thole e~emenll, rCi&ricUonl, iI\d r~rva iion~ Lil rec.ord. That the parties of the first part agree to provide tor the re1c~ 01 illY and r U mortgilge$ or liens encumbering this nscmenl. The pull.. 01 1.hc UrU piott al$Q i:.g.te to erect no building or eHect iU'ly other kind of coo5lruclion 01 UnpcQvcm,;m Uj:>4,.)!1 .:IC ilbove-de:~cribed property. Partics 01 the Jir5t part do hereby fully wurant the title to laid lAnd and wlU dctend tLe ~Q"IC olgain5t the lawful claims of ~1I persons whomsocver daimcd by. through or Ufl~Ic.;;' ii, that it. ha$ goad right and lawful ~uthority to gr&ot the tbov.. d~ribed ea~m::nt and that the same is unencumbered. Where the context 01 thU c.ucment D!:c;d iJ,i:oW$ or permits, the same $hall include thc 5UCCCi$Of$ or iW&N of the piC~iC5., . . IN W:TNE.SS WHfREOF, the partiu to this Ei.$cment Deed Me thcU' hiodI and ~i4 the dil/ i\llfl year first above written. W J"W~f.S1 PAR.TlE.S OF THE flRST,PART . ~ . ~A L(/t'y ) Cu..LL. rn'-~ Eula C. I'IcGIRT: /'f4-:- /'t_~ . / ~T^Tf. Of fL.ORIDA ~TY Con ;'f.t.f.A CEACH I Hr:.R~~Y CER.TlFy'that on this day, bt:fote me, iUl oUicer auUvolflMG In t~ Slate: an,;! Count) afor !id to take: acknowledgmenu, periOO6Uy ~c4 .'/:1,.-; " ~ _.' wcU Known to me, and they aCknowled&cd executing the WIne. / ' . WITNESS my h~d and ollicial seal in the County iUld Stilte Ii.$t &1atcwid 1011 / B u.y of:J)('C"e(~ {"7 (\. ,I~ <'I l,.) . f) /_ ~~.. -"" r< .~f! ("'_. . _ /' /. I'le 'r."'-,' r 'j Notarv'Publlc, ltAtI 01 P1orUilll' '11'11(. ...- ,.;r,T,'r.~' r''':1)'.I<<.; ST/\T'~ 0 1.1\' l'O~.I\mrl'''': i""l'I:r.1' /',ORIllA, , I;O~~;;;D TI:ilU HUr~J;;'~I.';Li~ t:1VJ;i::".J:::i. I 'i~ ---_... II. ~ . ~ ~: ~ ;:::~i fl~ r. :.: l~ . !=i;~ ~ ~ -.. .. .u.~ Q.; I * o~ : c:~ = 5 i.. :;=~i . ~_ U 7' ... ... v_:t W D_ ~ v.. -. . j ...2 "~I'.' F .\ ..~=c :~~.. . at =s.._j~ ......:. 11'''0 v ~8 J ~... . , ~~~': ~..~."~. 1 ~- i Il':la:. ~ O~. ~ :..~ .~~"~::f l :; 5tj ~ :i~e:: L: ~ )-. Z ..l.1 .' i: ~ ~ .c ; ..j ! . i! 3 a a...... a:3 E a ""( ;::t..~ ,.\)O'::...~:' ...:, 4; I ..2:"0 g 1.... ~ "-... S 7. C ~:.. ~:.l :I.. J. ~ -... IlM :I 5: Cl ~ ~~~~ .J~..:$~~ ~ 't d~ It ~ ~;:~;... ... woe.... ... .:I"; .,... :. ,- o.:!~ f .........0' fI" ~~~~ :)f:~;~oE e ~ . ... wEIi! i:';ti~ u ~ ...au- ~~..j...... -' ~ ..-. c ....: t~....c ou=t5 IZ.a~og ~ 0 ~ ~!~ ~ o~~ I:"~.. ~.:it::: ~ e t: _:..j c': .; ::..;. ! ..;:...0 0... t: . "'" Q _.. ... <C~~~ ~~~'.J::~. ~:: ~ _.:;: ~ ~~j: ~=.!.~ > ~ -1.1.1::0..... ... Yo ....::J..._ z- 0 r,.. ~ ...2 .2t:.....'i~o ~ . .. :1:1... .....x -ejJ. a~~~ t,'~a~~t: ;! ~ ;~~4: 0 ;:~~i, "'r .. .. ...... -: ~ ~ ~.. :: ~ - ~ :; ~ ~ ~ ~;... :;c Q ..... '" ,.,.. : ~:o... ;:;:~J~a~ 5; ~ ~E~;; ~ ~ ~is~~ ,.. ~~ . 0 ~ ~ C!i ... ~ ~ W Q 0,( I- ). f. ~ ~ : ! . !;, ~ :... '! .... , .: 0 Jt. (l ~ ... ~ ... a II. l ~ . '... 1.1 .... .....0 ~ .. t I f-I . ..~~ ~.:.:;~:~E .1 i A ~:.!~~ ~ ar: ~~!: =t;, t~ ~~ z:~ -........ 1 ., .t -:.. Iii u.. .......:=: a'r 0 I J =e:i i.:".a=.~ :1 ~ ! '1 ~:..~: tj U ;JO...... ~ ~. & ~u:;!; u~.'H~i~~ u . .c i .... "1 J:: ~ .c!:3 :..~s~:::.,,::: .. ~ $ ...::! :..: (j ~ ~ ... ! '9 Ul 5 .. r' -' ~~ ..: .c:. _ 00 'oe. "'0 . -- --._- ,. . r z I I _. ~ <( ,00 ~~~. ~: ~ en ,: ~.~,.,,"->.., 01\19 "3llll0 _. .' ..! Z L__ __(U."t_I) "Lz.1 Clld01'I" IIfO_ j ""6.q,,,, ,till .uc3"~" ao,. roe~u 7 f . ,/ . I'; . - , - ----- - I , ,- -,.~..' 1 2 ~ .J ,1. . . 0 U ~, Ij 'hi' :..Il. g ---4J J # fa : '0 f I ,. . , ., . .-': . a : ~"'.. :.I~' Po C~!f' "1 ' I' ............. t~t:' .. . --. ,.,' T':.;':: !.;~ :~~ ~ ~: ;..:--~ <~~..... -' ..-- '. ! 'IW ... >. "-' / .' '" - '. !, ~; : -. _. - - . :..: .. 1.-' . -;;. - . ;; I . / I .T~' r: 4 ~ I ~ ~ft I I _ ' . M..1'o ~_u ."~~'X :'0 ~ \__ TI .o.:.~, )'9'".; H~ H' I r - , Agenda Item No. : AGENDA REQUEST Date: 1/22/91 Request to be placed on:' xxx Regular Agenda Special Agenda Workshop Agenda When: 1/29/91 Description of agenda item (who, what, where, how much): Request City C.nmmi~Rioo~ approve acceptance of Easement Deed from Eula McGirt for the installation of the Boca - De1ray Interconnection water main, Project IIQO-04, 'olhiC'h i~ IInder construction. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends City Commission approval and acceptance of this Easement Deed. .. Department Head Signature: ~;J)~ l/z ~~I Determination of Consistency with Comprehensive Plan: "!" _. City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: (!3J NO 11M Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved - , ... t:.t\..I_. _, ~T DEED . THIS INDENTURE, made this _ day of . l~ ,by And between . Eu 1 a C. McG I WI' , partiei of the lint part, iJld the CITY Of . IJi1.H.A Y ~f.^Ct-l, a Floric1a munici~ill corporalioo in P~m Beach Count~. SUUI oJ F1gr~, parl)' of Ihe $~Cond r att; . WITNESSETH; That the partie$ of the fir" p.r., Jot and In ccnuderiUon 01 the 1W11 ot 'fen {$ID.aO} Dollan and other good and valuable cOI\$ideratlons to it In h&nd ~d by the ,,~ic1 pany of ,the ~cond part, the receipt of which is hereby ~knowlcd,cd. doa hereby &r61n t, lJargalO, sell and release unto the part)' of the $Ccood Pill, ita Juccc"ara1 ~1f.'d assigns, a right at way and perpetuaJ C4iCmcnt for the purpolC 01& constr.ot L W.M,... h f 11 d 1 . h l'h~ d h' .wlt U an ree ng t, l&.I'I;rty, ~ aut orn)' to enler upon And to Wli'. ')pcr;n~, ar.c !T',ai~"ilin such water main Wldet, acr~, through and upon over, under or ""llhin the following deSCribed propc:n)'. lOCated in Pilm lX6Ch County' PjQr~, lo-wi~. . · EASEMENT West 1.0 Ft;. of Lots 31 through 36, inclusive, Block 4, DEL-RATON PARK' ,according ~o th~ Plat thereof, as recorded in Plat Book 14,pages 9 ~ 1?, of the PubllC Records of Palm Beach County, Florida. Together w1th Resolution No. 68-86. Said lands situate in Palm Beach , , County, Florida. . . Cooco:-illta.nc and c.oextenslve with tt\U right is the further rl&ht 10 tha ~ ..' Qt .the iecood pQn, iu succ:cs~rs and assigns, at ingrc$S 8lld cgress.ovcr' &nd" on lh.\c portion at li-nt,J c,~crit.'Cd above, to cUcct the purposes of the: casement. · ';hal thi$ easement ihall be $ubject only to lhose easemcnts, rCJuictlonI. iI\d r~rvation:i oi rec.ord. That the pMties of the 1ir~l put agree to provide lor the r~~ ot ill)' and i: U mortgages or liens encumbering thi$ C4iCffient. The parU" of \he Ural ~t al~ "g.ee to erect no building or effect an)' other kind ot conitrucUon or Unprovcm'n~~ ui"xm~hc qbove-de~cribed property. Parties at the first part do hereby fully warrant the title to siLld J4iOd ~ will defend tLe ~amc against the lawful claims of aU pcnoo$ whom$ocver claimed by, through Qr Ufll}l.:i' i~, that it. has good right and lawful authority to grant the &bov.. d~ribcd ea~m::nt and that the same is unencumbered. Where the context of thla ~ment D~cd i\llow~ or permits, the same shall include the $uccc~on or wiinJ at h ~C5. \ . .. . IN WnNESS WHf.REOF, the parties to U\l$ Easement Deed ~t lhcU' hinda ~ K~ the du/ anc1 yeat fint above written. . , \Vl"W~E.51 PARTIES Of THE fIRST/PART .~-~~cF) C~C mL-~ . ;f..--= /'L_~ /' Eula C. ~I~GIRT' -- - ~T 1\ Tf. Of f~ORID^ COUNTY OF ~~t.1..M CEACH . . . , . I HEREBY CERTIFY that on this d~y, before me, iUl officcr authfolr~ '" l~ Slate: and Count) afor .Lid to takt: acknowledgments, per$OOally Ippellc4 //:1 f' " ,"/__ J well ~nown to me. and they acknowled&ed cxecutin& the u.mc. I' . ,.' WlTNr:.SS my hand and of tidal ~eaJ in the County and State lCUl iltQl'~ Ul1i /8 day ot ~('c e(.... (7 (,\' ,I~ "I G) /j' / /~, . (/, __"/1. ./ : ot::fu{ <: ~~. S . -te ot/Pi~; ),' ~~, "~/p ~l--- ~;('..T.~r.~' I"JI)I.JI.:. :IT/Iff OF f.I 0 .. (7 . 1,h..'':O!.I~:Jli':IC!': 1~:;I'l'n'~, N ,nIDA. l ! 1i000;~&:;D lI!ilLi NUl.,U:" "':11 .: , Jr. 211, 1994. . . ~.. t./I.: l.NUERWRJIFIl3. I . ... ~---..-.- .. .~ 2 ~ ~:::ti III ~ ~ . ..-,... ~ ~ 0 1': a:I;2 c J ~ ~ '" ;..: c.~~':< E a..: I .1C.... ,;);:1 ....... .. 5 U1 "'.. .,. w _. o 0... '" .. w.. a" .. D". a .~ t' ... u ,.~.. w... u_ :". .wot}a_ ( -:t" V40 II .. ....... u 0 . .c I- X 1:.J .c-. <C .. ..,." '. ., w . -= It~,:) II( at ..J...-ja, \,I':' "" \10" 00 ~e 2 !-.. . , :'JIl~O;: IolJ:_..".;~ .... ll~ "rl" &~a::; ~ ~~' ~ .a__ ~WA"&"'_ .1. c. 0 u~ w ., < a.. . <II( C _ C") ..... ~ .., Q . ~ .... .. ~"" w...O.... ~ .:( & "'.(3 J-o Z.. . h .. ." .;: '" .. e .. :> Z . U . of.... ot a ~ a ze W ....- :>oJ oJ ". 1 .. 0 Ii.. au :z;;; ~ .., ..... ~ - 0... Z ':: :.. " ... , '0 D:> I ~... ~ t.. ... .l. &.. ..... ~ .c :: t .~ ":l ~ ~.. : = ~ ~ Q &l Q :i a 0 oJ !; <l . c z 0 ._., , "'" a 3 _ J '" w ~ ~ ... "I ~ - VI ~ .J:i.'"., ~ ~.. ~ ' j.. i: It ~ t "';E<< w w n c. ..... .... ~.. .,... :j ,- 0 .. M .. I ....... ... 0 :::t I,(: a w ac :J :) Z "" . u - w 0 ,. . ..... R > . w -'. ,.-. . n.:toJ ...~='%a~ "".., z ~ Wt:Il... ~....>........ 0 a: ...~~~ ~a...l....... - - ~ "8' ~ ......: t~w< o~: ~z.a~og ~ 0 ~ ~.~ ~ o~~ t:..~... ...a:.\.Jc.. 0"''' .a. .. '" .. 0 ....... ...1::. ... _ ~... l...tu........:...o ........ .....0 WN ~a-)oo ...~;:~ ..~.....J:~. :: a: .~.: ~ ~~j: ~=:..~ >:>0 .~=a:\>oJ.. "'..... ..... otj" ..._ z- 0.... ~ .o.c oC..7."'i:lO :z W . .". u... ..........:1:; 'fJ IJtD ~~~~ ~I...a~~~ :! ~ :~~.: ;:!~! lJ1;' ~ .~..:: ~~::..~:l _:~ ~ ~-:~~-; ~ ~a......... q "'" I I ~~a. "':........~~:;; ~ It ~ ~~tJ.Q.! L4.J ~;'~~i ff"Q" = ~..... ~=-~~::Qo ~ ~ ~ "e~J~... ~ ~~:c...'" . a .c 0 a: .... 0 .. W Q - I.. -) r. .. . . 1 ~ t..J . .c. u a... .. i . ..........,..."'" o"~ .. WI ...... _..., -K.e... . 1< "0 ~ ~ ....oc. ... 0 ..,. Ij, ... . '. y ~ u. . w 0 ... :.: 0 .. ~ ~ I 0... .c."...J_w.... 4Il .. -;. _ wxz.a....w Q~ to- ~ ~Z..l . ""'&<Cz,,,," -" .. Co '&:..:'.3 = ""- %....-z lit.... .. - 1I:t: ~ ... l' ~ .., '" - ""..J .. .t 'It' ... .. ~ ca:: < D.., ... I ' 0 ~ .. 0'" .. Z.... J: ... 11 Z ...l , ... :: .. Ie ~ ........ "'.... :: E ~ " , " ~ ;:o.':i z~~"a1wi:1... ,; , eo",. tt U :&Oc....c~ Q,). ~. 1 C. .. .., to.. Z ., t, z -c _ 0 ~. _ ":' . I ~ U 0 tt7.-' -~.J'lr."";t._ &J. ... ~ .. .....Oc-O .c I , ~ "~~~i ~:ct::::~~ :; i ~ ~ _2.r~ U t .. Q 0(-""''' ...,.......,.:. -.-. "' .1 .& CI -....-:s...... V) ~ .. )I ."0;" ~ l!I .... U I . - jO::.': .c_ .000.O~1 __ .___ _ UlO' --.--.-- '0 I Z I Cl / f I .' /~~~~~-..-:.~~~~-- ~ <( ~~ en oo":,c:.,, ~ "r:I... ~-- c'. ./ <<,,~"n, ..::Io.J ~ a1\1~ 31 x.. a cP ~ Z I ..' .. L____(Lt-l'.') ~ltl<>dO"I'i.8ltO_ j. "'~-q"l ....... .1"'3..~.. ..o~ ......,..,owu 7 f . . , - ,I p t t~ . 00 011 . _ , -.- --.- r-----~l- I I g 2~'-- .-Co ,~r.l.- . .- 2 ~ - -- ., r I I \ .....01-- I ~ . I .: ~ .,' ~. ~ ......,.... , · ~ ~ u . . I I . . r' . -'" . .' . . I Ij 1\ 'i J 11 ;, I. C ~I t-- I I --~ J. · 1) "U I. --,- I. ..~..- -- II -- .. .C1. III ;... t"- 'J' I ., ~- - I . · .... I , J - I . /'. . / . f I ~, \, : . '~ I ~ ~ I . I y:"~'''' r=~'rr': ~ ../ ,: ) .' .' . I V\ .. ~ . - J .., II"\. ............ ".. c.. . I I., - '. I": 0 I .. .. 4J- 0 .._ I r I ".,." .\ is.... _ . : ,";,. 0 ,. 0 t\ -" .. ..-. ......:'. "0 I" '. ~ , p' i ~ . ~ .. _ ...... _ . .. r.~" ~. :'.:-; ~.I't'~~: I. ~... ~ ~ ... , .:' : '.Iw I - ...., ;:, ~ - '... . " ..... ....... _. . -- , .,. _..1 ".:"" . ~I \_~.~~.o 0 ::, ~ : ~ ~ 'I' ~ 0; ..~ ~ l : I ~ 1 ~ :~~ . ~ ~ . I _ o"/'f\~~"" ....P;.I.X~Q 31 )___ TI 0"., J'I9':)'; , -. . - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # -MEETING OF JANUARY 29, 1991 ACCEPTANCE OF EASEMENT DEED DATE: January 22, 1991 This is an easement deed to accommodate the design for the water main interconnect with Boca Raton. The property owners of 3327 South Dixie Highway have granted an easement in order to allow this project to proceed. Recommend acceptance of an easement deed from property owners at 3327 South Dixie Highway. .. . (""\ 10 C, It '-.J' E^SE~....., uCED I ) -~- __7_ , THIS INDENTURE, made this Ii....- day of ~~. ,19'1 J, by and bcrwecn . Peter & Irm<1 7,<1 rcone , pertiu 0' the Uru part, Uld the CITY OP LJiLw'A Y aEACH, a Flonda municipa.l corporation in PAlm aea.ch Cowny, SUle of Flot1d6, puty of the $Ccond parll WITNESSETH: That the parties of the Urn put, for and In conslderitloo of the lum 0' Ten ($10.00) Dollars ilIld other good and nluable conslderatlons to It In 1\Inc1 ~d by the said party of the $Ccond pert, the receipt of \IIhich is hereby acKno\lllc<l&cO docs hereby grant, bargain, sell and relea~e unto the party of the iCcond put, 1~ succcSlor. 8l\d ~signs, a right 0' way 8l\d perpetual eucment 'or tho purpo$C 011 W.M .Construct~'h full and Iree right, liberty, and authority to enter upon and to Wt6lJ, opcriue, and maintain such \'later ~lai under, acro$S, through and upon over, under or within the following describeCl property located in Palm &each County: PlGruu, to-wltl . E^SEMENT West 10 Ft. of Lots 37,38 and 39, Block 4, DEL-RATON PARK, Palm Beach County, Florida, according to the plat thereof on file in the offices of the Clerk of the Circuit Court in , and for Palm Beach County, Florida, recorded in Plat Book 14, Page 10. ","..' . I'. ..\ "..,.. \ \.," ..;,..,\.:, \\ ,.~.-. : ,.. ,,', \.\-",\. ,.:\- .c,\'h';:" -. ConcomitiUlt and coextensive with f!\iS right is the further rlg,ht In the party . , . . 01 the iCcond part, its suexeuors and assigm, of ingress IIld egress-over. &nd on thAt portion of 18l\d described above, to eHect the purposes of the easement. . That this easement shall be subject only to those easements, restrictlON, ~ reiCrvations 01 record. That the parties 0' the first part agree to provide (or tha rClciH of &liy and aU mortgages or liens encumbering this easement. The parties o.f the Unt put also agree to erect no building or eHect any other kind of construction or Lmproyemems upon the above-described property. Parties of the first part do hereby 'ully \IIarr8l\t the title to saId land and will defend the same against the lawful claims of all persons whomsoever daJmcd by, through or Wlder it, that It has good right and lawful authority to grant the above- described easement and that the same is unencumbered. Where the context o( this Usement Deed allows or permits, the same shall include the successors or aui&1\I of 1M PUUGi. . IN WITNESS WHEREOF, the parties to this Easement Deed set thdt hand, and iC&li the day and year first above written. WI'WES$ESI PAR TIES OF THE FIRST,PAR T Irma zar~ ~ L-1/'7f('-6 .f~(,)~ L~~one:i-~_______I?~ , .::..-' 403 Oregon Lane Boca Raton, Fl.33431. STATE Of FLORIDA COUNTY Of PALM aEACH I HE.REBY CE.RTlFY that on this day, be'ore me, an olticer IlJthorbed In t~ State and County aloreuid to tokt: acknowledgments, personally appurcd .' well kno\lln to me, and they acknowledged executing the umc. WIT,NES5 my hand 8l\d oflicial seal in the County ilIld State lut alareuld this-G....-dayof \".'1(' <(m \I) {' ,I~ ('If) It ~\-l'/vr(' Notary Publ c:~ DIXIE VALITY STORE. .,.-.... SANDRA ZAflCON!: \ . I \ I.'. '.' I.{ ,(~~~~; S'ate 01 Florida ".,-,",.,' tv\' Comm. ElCP, 1111/93 ,." BOrJOEO '1'1 .. . / ' , "(Nf.e.-~ 0'<: ~Q.. \-H" <\-. I.rm"- ZG{Y'<!.c.~ 3O::4\?o-HaG4T,",S1'" Set. _ ~ . 7.- 3.::) </3, (:k<:.((.. ("L-tv . i- (t\. - C 7 7 '-~.r(" 3<15:---5d-t-t-g l! 7 - I.~ 0 '-Y 5/t3 0 {..( :J;OY1 LJflJ'__ f\. ( "J J ~ A V : I'J l' E K \ I .:;(J"'" ~.."~~.~ . -0 \\ " '\ \, : \~\ , ; , " , i . jig ._" 111',' 1." ..- .- - 01 I I <, " .~ T' I \ : 1 " ?'-' . " "S' ' I ~ ". '::l ,a ... ~ , ... ;,J .c. e l~. _ \~ . . 40 --- II ., ~ I '1J~: (, >- ,.. (. . - . \. " <'I -". I .'b 0' I I . , ->: ~ . ' ~ -11 ~- ,., I 1 i ~", y:, --; I.-. ,.--.- --- _L .!Co_ ---. -":1--- ..-- ----.::->. U I~. o \... t ell C"o -., . '1 c.t') ... ,';"' ." U.~. . l '-vI ~,8 .;. i: ~J ~: i ~ I ~;.~., : ~.~~ ~l f---"'-~~-~.'''--'..=- ("\.~ ~~) ~~ I ~ 1..-\ '" ? $ I ~;;'! t: .... t-."" I/') 1-) ~ r- VI ) .-: LI' C. ' -- ~. .!; I """".....J 1 _.' --- ---..-.- llo-:-l... ----- --_. L11'-~ ..I, ,9.'" \', '.\ _ ,"", 3t1- . .L=. ~:. ! ."'~ ...., _\ I '. - . - "" L I ~:, .. "T' I ~ i 90~ Of ___'-.. ~f,J' Cl -<j> I .' I -'.. .:; I!~.' , ~{)I r ,- . · ,-, ,- ".,'-" \. ", ,.",.,. 4 0 .n.. 1 ) /x"/ (: {t/ i- ({r )'T:, I.~e_ , - '):~)CqIP"'ION -- v)' ~ :'-"7, :: :; ,J" d :. r~, :: ~ 'c '..: 4., D!: ':... Q,l ~ 0 ~ I D ~ Q K. P:ll: r', ~ t:" ~ ~, COIJt\t'/. t:~ )~j f-.', o~...:~\r !.:. 1 ..~) ...~... ~)!.\' H,..;t.(,;O" \:'~ ;,::";... 'I~r:. (Jf~ l:~.. cf ~~)C f~I~~r ~ C" "~.,;'r',~"'I:I.il~ C0'.~~'. I~ J~i ~ (r"r' ;:>,.-11':, :"~..1.~11 Co un' :: l ~ ~ tn. i -1 J l r r. .... ';' .>.1 o!. J I': D I.J' ~ 'J'~' L 1--1 . t" J Ie' C . GEORGE S. BROCKWAY I HEREBY CERTIFY Ihal the pial .hOWD hereon REGISTERED ENGINEER" SURVEYOR I. a 'rue and correel repre.entallon ol.~~~~.';Ide WEST PAliA, BEACH., R.ORIOA under my direcllon, and Ihal .ald .u~ k'-~.'l? S \ I n V ~ Y ,)~ Ihe be.' 0/ my knowledge and belle'i"".1~t. ~'v ,,^, ~ ~ IT' ~"t, ~ 9 , 'I' ' ., ", ,.. ~_.'~1""".,," '..l".,..& -w,.. " _J 0...7,. St ".,B.LI.: 4. (,_..il.l,T'.:Jt.,J .lel" ,.._ .... ,"", J. .... .... .. . . . \ - ...... N -. ........,~~\;'k,-: ~ ::;~ . P.o.U.1 r.!: J.,~'-l_')'';f-lr\,.cLuQ'(1.l, . l' ~~.~~. .... ,".:;:;"1 f=r:r; l=\'J!~. C:.t..J'AP,I,\':(.,\ _______..L ---.-ffl. #;j-;."'.;! ,.., fielD' ''-' Rogis/ered teind '6 ..,;.... .\..i1.... OFFiCi ~ L c SCALE: I" I :!I 0' Florida Cerlilieale')j ~.~?:l..t ,,:,' OR 1Y<c. T, !;,')'iS4. Il.~'~' ",~'_ DATE: /,Hy. I~!'-I ';Ilt ~ ..,~ ? #',<,:~ .>-;-......). ,'ti, ' ",<'~ . ,/ . Agenda Item No. : AGENDA REQUEST Date: 1/22/91 Request to be placed on:' xxx Regular Agenda Special Agenda Workshop Agenda When: 1/29/91 Description of agenda item (who, what, where, how much): Request City Commission to. approve accaptance of Easement Deed from Irma and Peter Zarcone for the installation of the Boca - Delray Interconnection water main, Project #90-04. which is under construction , ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends City Commission approval and acceptance of this Easement Dee. ;. Department Head Signature: tV/J/ JL,.~~ 1)1'1/ Determination of Consistency with Comprehensive Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: & NO f/v1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ~ ~ ~ C/~ . n EASEM..... I weED () -~- ---l._ ......./ THIS INDENTURE, made thi5 L day of <J2t~. ,l!:t 1 J, by and bctwiNn . Peter & I rmCl 7.Cl rcone , parties of the fint pan, &lld the CITY Of LJiLkA Y 6EACH, a Florida municipal cor~ration in PUm Beach County, SUt8 ot FloridA, puty of the 5econd part: WITNESSETH: That the partie5 of the fint part, for and ln conudulUon of the lum of Ten ($10.00) Dollan and other good and va!uab1e con1ideratlons to it in twld ~d by the laid party of the 5econd part, the receipt of \Which is hereby acknow~&cd. docs hereby grant, bargain, sell and release unto the palty of the second put, Its suc:ccuora and ~sign5, a right of way and perpetual cuement for the purpoiC 011 W.M.Construct~~h full and tree right, liberty, and authority to cnter upon and to lnlli&U, opcriate, and maintain such toJater Hai under, across, through and upon, oVlr, Wldcr or within the following de~cribec.1 property' located in Palm Beach County, PJor~, to-wll. . EASEMENT West 10 Ft. of Lots 37,38 and 39, Block 4, DEL-RATON PARK, Palm . . Beach County, Florida, according to the plat thereof on file in the " offices of the Clerk of the Circuit Court in , and for Palm Beach County, Florida, recorded in Plat Book 14, Page 10. ' . . '\' , ' , . \ \ . 1 '1,,(',.' .. \'. '\.' fl.','.'" ,.\:. (4 1,/;,', '.:-r \\ \.\ ~~I'..,:-..... ,,".... \Y'.~,,\ ~ (~,'r ",-:,,'7J"4 t==-.- . Concomitant and coextensive with this right is the further right In the puty ~ . i ofthc second part, its succe5sors and assigns, of ingrc$S and egress. over' and on thAt portion ot land described above, to effect the purpose~ of the euement. · That this easement shall be subject only to those easements, restrictions, and rC5ervation5 of record. That the parties 01 the Hnt part agrcc to provide for the relcuc of any and all mortgages or liens encumbering this casement. The partie$ of the flnt part ia1so agree to erect no building or effect any other kind of construction or improvements upon the above-described property. Partie5 of the lirst part do hereby fully warrant the title to saId land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above- ducribcd casement and that the same is unencumbered. Where the context ot this Euement Oeed allows Qr permits, the same 5haJl include the successors or aui&ru at tht 1*:1101. , IN WITNESS WHEREOF, the parties to thb Easement Oeed set ~1r hand, andacils the da.y and year fint above written. . WI'WESiESa PARTIES OF THE fiRST/PART , Irma zarco~ ~ . Ji-r. ~f r:~ 6 -1(' (i):'A- L~~one:i., . e. ;--,.., , ~~ .--'.- .'~ 403 Oregon Lane Boca Raton, Fl.33431. ST A T~ Of FLORIDA . COUNTY Of PALM BEACH I HEREBY CERTIFY that on this d,,-y, before me. an officer authorlJed in t~ Stat~ and County aforesaid to take: acknowledgments, per$OllaUy .~ed " weU known to me, and they acknowledged ex.ecuting the same. WlT~E.SS my hand and official ~eal in the County and State last afare$41d lhli (,; day ot '" e < ~ "') r ,19 ,)1) It. . V~-l'\1 ..VC'(/ ./\.(A.."i\C) . Notary Publ c. 5 te 0 P or J. U atlG ------ I nIXIE VALITY STORE. \ . \I (.{ '. ( I'f ,. ~ /" , . .. \ (''1"'0 f~~4c\ o~ 7'2. \-e'(~ c\- 'I.C'Y'n"- Z~'('c..c.~ 3 ,:4 ~- -. Ha G4T~[v 94- ". "'.,..-.3 .5 C/ 3 ; ~:Jc.'~(L f'CL..tr , +. l e\ . . I.: 'C 7 '7 r:- f:""../ (,,, 3<1 5~-=-3~-8 17 - I 'J Q ~ ~t3 Oy..t ~OY1 L_CdJ_, ~ ( "J J ~ A V <: t--J U to K \ '::'0'1''1 "":.' *-:';: \t I . .__.---L-___ . ,.- \\ " , \ II I \ \ . i \ I . . I I '. I . i -. , ,.. O"l '"' I .' I '~i fJ '''- .;, , . '\ I i ~.?" 5 I . ." .,' S I 5. .. ~. ,o.~. . . l 11. I,,:.. e. '~' _. I .. .. 4. 0 ---.. I.I'J .~ '- I :-lJ i..: CJ ",,- . ,. "ii; <'I I ~~~.r ..-.. 1 ::~O" I L"r: -: . ~ -11' ,.,. - 1 I I . ..... ." 1 .. 'p.",'" 'i. ~ .. , (, ..... - . ....-- J' Vj. ,-. :r.-,. .--.----..-- ...._-- --.- -'-'1---'---"--'---n Ulr-, o L .. ~ lil l"" ~I ., T) (t-... .~ \" . v.-' . , " .. a '.0 ". I J l' ~) ~... .. _. \,) '- 'l C~l ~)u ." -I- :- -r- "') ~..:.lJ. -4i >. .:: ~t iL"".b' n7 oJ. C"' ~, ~) f' -T' OJ I i-l'-' ot L..1} '" ~ --.. -.---.--- '.. ;:; fi. ....L > . Vl- () ~., .. .~. ~ (." I _ 1..1 . ? Ul"! . C ... r-.. r-. Vl 0 ~ t- II' ) .-: ll' c. I _ t". S I . J . _J ~.._' I -.. -" ...,....- ...- '"~. ---.-... ---- LI,'J I 90' \ . . \ I :....... I '3-l~'- . :k' o'~., I." -::'0 .-' -j. \ ;). . ',. .. / l' .J ~ ~ .' -- . -'-. I I 90~Q' _'-_. .f,J' _. C'J ~rl 11:' . , -j!'~ ,!~,' .-.'. .40' .---- -I1{) 1 ... "l.)f211~~''')'4-.t: 'Z.... ,"S':Jk,~ - ') / .X. /l; {'n ;.-1(, S' / ('J',--c- , - C):~)Cc{IP:IOI'J -- . L 0 ~ ~ 3"7. 3 , ,:w d ? r~, f ! . "I c:': 4, 0 E .... Q).; 0 ~ I PAR K, P .:ll : ii ~ t;;.' .:.. \.-: COIJtdJ', Cl:lr" i /:1, ac-::~'.r !I:,., J,:) ",'. ~J!.1' "l.;n:O" ;:"~ ~-i:':. I~. .I~l:' () f ~ I : ':. (: r f!, c (I.,; r k C.: '\-., t',;'" 1- I ; .' C ,-., , ,'J I r"'I J'~ ~ r r. r '"1,',1". c; P'I-I .. . .. ~ . ..... . . ....., ...: . . I .. , '. ,..... .....J... '. '.. I Co 1.1 n ~ >\ ~ ~ (ilT] J, r r. ~'j ".1 €. J I': 01.1' r .)':' I. 1-1 . !.- ) .It:~ I C' . GEORGE S. BROCKWAY I HeReBY CeRTIfY Ihal Ihe pIal .hOWD hereon REGISTERED ENGINEER & SURVEYOR I. a lruo a~d corred repro.enlallon of .~~~'-CQ.<;rd. WEST PALM BEACH" FLORIDA under my dJrocllon, and thaI .ald .u~ ~,-~~ -".0 Sun V E Y r) F the besl 01 my knowledge and bollof/J'lIl-'" ~'v ~ <lH I. _ '1 7, "Z 9 ' ,.. 1;:;. l:nl....rJ.7.:./lIl~"...._ . ...l"',,. "" -. ...;.. ._', _::>T...-,7,~.9t.....~,B!..,)c.~o.1.,['~L,n~T:J"l ~.~n" ... :~,'" ;:J.~_IW ~:~j , P'L"-1 I"'\: \ .".,. " T' C N ..,-." - · ...... ~ 0'"'. "' . C_ ""J"" ~J...!-J.l.. LOQIDA --..--' \ ,'" .., .. . 4 . . , l' ~~~. r. ~ '''':;:i, !=r::r. LE\'J!~, C,,b.,PAf,I,\'<C..\ \. '..rr'" '... "1 ., -------- --- . :.f~. 1,.:rJ--~~.: FIELD ~ H.1 I' , I Rogistered Land 'S ~~,... 0',,, " : ' OHICf LJ L r: SCALE: I I ,:)0 . '.JI\? t'" Q1orl1 Florida Cerlificale "1i .~?- 1.\. ,,~' DR BV .'.\... T. S, '.J .: ~. , '.... '. eL ~.1-.", DATE: '.1~y. I~~.' ... J '9,.. ! MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # -MEETING OF JANUARY 29, 1991 WATER SERVICE AGREEMENT-DELRAY BEACH MEDICAL CENTER DATE: January 22, 1991 We received a request for water service from the owners of the De1ray Beach Medical Center located at 4665 West Atlantic Avenue. This property has been cited by the County and it is necessary that it connect to a municipal water system. The property is totally developed under County Codes. The site is eligible for annexation, however, annexation at this time may result in the creation of an additional enclave consisting of the lots fronting along Atlantic Avenue between this site and Barwick Road. Accordingly, it is more appropriate to accommodate the request for water service through a water service agreement, with the standard future annexation clause, rather than annex it into the City. The Planning and Zoning Board has not formally reviewed this petition, however, this site was considered during the formulation of West Atlantic Avenue Annexation No. 2. At that time they did not feel it was appropriate to require annexation of this site. Recommend approval of a water service agreement, with the standard annexation clause, for the Delray Beach Medical Center. C I T Y COM MIS S ION DOC U MEN TAT ION TO: ALISON MACGREGOR-HARTY, CITY CLERK C0wMJ~U~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 29, 1991 WATER SERVICE AGREEMENT, Delray Beach Medical Center ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a water service agreement. The service is for an existing development, the Delray Medical Center, which is located at 4665 W. Atlantic Avenue. BACKGROUND: This property has been cited by the County and it is necessary that it connect to a municipal water system. The property is totally developed under County codes. While the site is eligible for annexation, it was determined at the time of consideration of West Atlantic Avenue Annexation #2 that it is not appropriate to require annexation at this time. Annexation may result in the eventual creation of an enclave of lots fronting along Atlantic Avenue between this site and Barwick Road. There has been no change in circumstances since the above stance was taken. Accordingly, it is appropriate that water service be accommodated through a water service agreement with the standard annexation clause rather than through annexation at this time. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board has not formally reviewed this petition; however, they did take the position as identified above when they considered West Atlantic Avenue Annexation #2. RECOMMENDED ACTION: By motion, authorize the execution of a standard water service agreement for the Delray Medical Center. Attachment: * Location map * Water Service Agreement ,,' . .,..-...., .' , r, J . I 5 \ : h' : t \,,: .~. j "I ; ~ -', '''. .; .. · ,I.', ,,' I . " I 1 I ".,.. _.. . . 5 L ", -, . l' ---- . ^ :. \.., : .:J. ... ,. 1. ~ ~' ~ ,. .(1 .. ',' ..\ I. (~ "--- . " '" ,. , f 4IA. .. :. ". ..... . ," _' · flK ~"-PG " I, -.- .'.. 4 .., t ' 4 I .#.' .,' I , .,' _ #" . . ..~. ... .. ------~~.. --. ~.;~ ---"--~~--'-. - -~~~._:.:....~--:.:.:._----=-~-~ f. ...' - '.. "'"' I ' . - . . '. ..'. ./ I r.: r:~--r r~ -~~ ; i t:.: I" f I. '..i~"rl r . "" ~ . f~.'" . I 1 : -:.... ...... ~ · ., ~ '. ".~ I I j J....~:.:::::: :~,::..:.~. t :', ,#. T.. ...... f'.'.~" . , I " I ,', . '.. "" ;. j I '. ' I '. I ,', ~. *... ~". I ' .. .. .., .. "" :.. -, :, : ,.. ......., .... ":' ;. ...-. ,'j i-I :cl . . ' ~ .1. ,. . . I "" '",..,,,,, ':... .".. ..~.,...... ....~_. I ..~..... ...~ ~... ':, ,.. .. ~'t:::-""~.. ....~.. II ~ .'I.~'-"-' ... I I .'. ~... . {~.' r.o." lA .. ~ "".'" . ..".. f.. ".- ..~: -,... ,-,!'.. t~'1 ..... '. t ....". . ,-,.. . ..... .. ....... .:' : :.1 ,..... ::::: ." ~. ~T7? -:-: ::::: .- --- - - ..:. or ::::: ~ '.' I , J _ .. ..... ..... ..... , W. ATLANTIC AVE. - i '... ~.: . .. I , ,.. . I I I ~ ' I : ~ ! I I . : I · I I I ... ... 1141 " ~ . -It I ~ ~ - ~:4 .~. . - - - - ~ 'e L} N A L -. _ ~ . I ?" ~ c "-'-_. .. _, J '...~,,- I ~ t 1(f..""'C::t.r< 1 Water Service Agreement I ! 6f.~ !V' . , Spodak I _ H.~. .. - LAKE 1" = 500' I ~I/ r~At!T 'L' kJ r.....; J - . ' / · <'. - '" '.1 \- - ..~,... .. · . -. 90" Ilf.. ./ --- .. ~ \'" .. . - .. -j, '1 .. k f ( oal ./ . Ie II) ., . r1, \., ~. ~ ,_ ..~ \, " . . "'l.." .., "\ ..... -':> ,4 '~. . .. ; .. . -~~ 04" ~... ruc' c .. \..\ .: t ~~' ~ ~t< E W O.Q' D-p-r-~~ ... & .q1<:~ oW ~O t o 'II 't ~ ~"Of (l' }" 't' ,"'.... t.,. : . ~ ~S~OHO~':'\ "t--;: '} .sE'tJ'1 N :," ~; l~l'!l- 33:PG.tei&'K7~}:., \B~ !~p.q105at06 { . ~ ' . . .., ,. ~- , -\ !.~ ~ ., r'~~ I t. - /~j. ----- I ' I c: ~ '.. . f \' .A' ~ . -.,~ t. \ ._ ~\ 1\/ 1'" ''''01 I . . }.~ .. , t - ~ ' rv:: ~ . . '. .t .' " ....1 ~ t :. .... '. -. -;::- -. ., -. I ; \. ~',~CV'GAlf~~)~~~";' - :.. ,<I" . . AGREEMENT FOR WATER SERVICE ..- This agreement, made on this day of , 19 , by and between Myles S. and Arlenespodak, individually and as co-trustells hereinafter called the CUSTOMER, and the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter called the CITY. WITNESSETH, that the CUSTOMER, his heirs and assigns, for and in consideration of the privilege of receiving water service from the Municipal Water System, agrees to the following: 1. The CUSTOMER agrees to pay all costs of engineering, materials, labor, supervision, inspection, testing in order to install the total length of extension necessary, in the professional opinion of the Director of Public Utilities, to provide service to the CUSTOMER'S premises. The CUSTOMER shall be responsible for the installation and conformance with all applicable codes, rules, standards and regulations of all service lines, and connections on the CUSTOMER'S premises. The CITY shall have the option to perform the necessary work or the CITY may have such work performed by outside forces in which case the CUSTOMER shall pay in advance all estimated costs thereof. In the event the CITY has such work performed, the CUSTOMER shall remit such advance funds and any additional funds as may be necessary to pay for the actual completed project for the extension of services. 2. Any main extension made under this agreement shall be used only by the CUSTOMER, unless permission is granted by the CITY for other party or parties to so connect. If the CITY requires upsizing or increased capacity beyond what is determined to be adequate by the Director of Public Utilities in size and/or capacity, a pro-rata refund will be made directly to the CUSTOMER by the CITY to compensate these additional costs. The CITY may also require alternative bids to document the increased sizes or capacity to establish these cost differences. The CUSTOMER acknowledges that its right to receive any refund pursuant to this paragraph is subordinate to any and all requirements concerning the City's outstanding water and sewer revenue bonds. 3. Title to all mains, extensions and other facilities extending from the CITY water distribution system to and including the meter to service the CUSTOMER shall be vested to the CITY exclusively. 4. The CUSTOMER agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the CITY limits applicable under CITY'S ordinances and rate schedules which are now applicable or as may be changed from time to time. 5. Any rights-of-way or easements necessary shall be provided by the CUSTOMER. 6. It is understood by the CUSTOMER, and shall be binding upon the CUSTOMER, his transferees, grantees, heirs, successors and assigns, that all water to be furnished, supplied, and sold under this agreement is made available from a surplus. If a surplus does not exist at the time of CUSTOMER'S actual request for commencement of service, as determined by the CITY'S Public Utilities Director, then the CITY without liability may refuse to initiate service to the subject premises. 7. The CUSTOMER further agrees in consideration of the privilege of receiving water service from said CITY, that the execution of this agreement is considered a voluntary petition for annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Rev. 10/27/87 '1;1 Furthermore, should any other general law, special act, or local law be enacted which provides for voluntary or consensual annexation, I this agreement shall also be considered a petition and request for annexation under such other laws. The premises shall be subject to " annexation at the option of the CITY at any time they are eligible under any one or more of the above-referenced laws concerning annexation. The legal description of the subject premises is as follows: SEE EXHIBIT itA" ATTACHED. The CUSTOMER acknowledges that this covenant for annexation is intended to be and is hereby made a covenant running with the land hereinabove described. That this agreement is to be recorded in the public records of Palm Beach County, Florida, and that the CUSTOMER and all subsequent transferees, grantees, heirs, successors and assigns of CUSTOMER shall be bound by this annexation agreement. 8. It is hereby agreed that the CITY shall have no liability for the termination of water service to the premises, if the City Commission shall determine that it is appropriate to protect the public health, safety and welfare of the property or inhabitants in the City of Delray Beach, so long as the premises remain outside of the CITY Umi ts . In the event the City Commission makes such a determination, the CITY shall be and is hereby authorized to discontinue water service to the premises upon ninety (90) days notice given by the CITY. In the event that the City Commission of the CITY determines that it is necessary to permanently discontinue water service to the above property, then the CITY shall execute a recordable release of this annexation agreement which shall be recorded at the expense of the CUSTOMER. 9. In addition to the limitation of the CITY'S liability under paragraph 8 above, it is agreed the CITY shall have no liability in the event there is a reduction, impairment or 1 termination in water service to be provided under this agreement due to any prohibitions, restrictions, limi ta tions or requirements of local, regional, state or federal agencies or other agencies having jurisdiction over such matters. Also, the CITY shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other causalities or other circumstances beyond the CITY'S reasonable control. 10. The CUSTOMER hereby agrees to indemnify, defend and hold harmless the City of Delray Beach, Florida, its Mayor, members of City Commission, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the CUSTOMER'S obligations under or performance pursuant to this agreement. 1l. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this agreement. No modification or change in this agreement shall be valid or binding upon the parties unless in writing executed by the parties to be bound thereby. .11, 12. The water use granted by this Agreement is for the quantity of tap(s) located on the property described in . paragraph 7, ----ai)ove. The water shall be in conjunction with existinq use as depicted upon the plan known as ..' nelray Beach Medical Center dnd approved by the Delray Beach City Commission on . Any water furnished under this agreement shall not be used for irrigation purposes unless such use is specifically and separately approved by the Director of Public Utilities. 13 . As an expressed condition of this Agreement, the CUSTOMER further agrees to abide by all ordinances of the CITY which are in effect at the time of development, redevelopment, or renovation on the site and which pertain to land use and development matters. Such matters include, but are not limited to signage, landscaping, architectural review and approval, and the CITY'S formal site plan review and approval processes. . However, no development requirements of the CITY shall be imposed which shall have the effect of diminishing a County development standard or requirement. In such cases, the CITY requirement shall be subservient and no further action of waiver or variance shall be required. 14. Water service, pursuant to this Agreement, must be activated within two years of the date of this Agreement or said Agreement shall be void. This Agreement shall also become void upon annexation to the City of Delray Beach. Rev. 10/27/87 , 01'. , , . IN WITNESS WHEREOF the parties hereto have executed th~s agreement , the day and year first written. " WITNESSES: Arlene Spodak, ~<vI. Indiv..idually d Myles S. Spodak: k! ti /, !J.c.,.V<-~, Customer Individually. and.: as co-trustee ATTEST: CITY OF DELRAY BEACH City Clerk MAYOR LEGAL DESCRIPTION APPROVED ~~g. C~ ~ BY ENGINEERING DIVISION I ,dJi/!{[/C L-. a)~rt. FORM APPROVED BY~TTORNEY ~.1 ~' STATE OF ~\ (J\..l r1c~ ( ) COUNTY OF P0-0i-'l15(G-G '- ) I HEREBY CERTIFY that on this day, before me, an duly authorized in the State aforesaid and in be I ounty a to .takedacknow. 1 dgements, personally appeared '+ [0 / / 'J Jd L , to me known to be the ~rs n(s) describe in and who executed. he foregoing instrument and 11-\..) 9- acknowledged before me that '~ executed the same. WITNESS my hanjand of i ial seal~ the County and State last aforesaid this ',1." day of [I' C ~ ',' , 19, q u . .1 ) (YI .1\ I. Y\ ,J,~;) S~p':' -'::', Notary PubliQ.~y CCr.',I'.( f:.1 r-.~i':c .~,.:i: ~1, 1~'12 f.,>,'J,J 1:.,.... "'_'1 : " I,':. STATE OF ) COUNTY OF ) , I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared and , well known to me to be the President and Secretary respectively of the corporation named in the foregoing agreement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and the seal affixed thereto in the true corporate seal of said corporation. WITNESS my hand and official seal in the county and State last aforesaid this day of , 19_____. (SEAL) Notary Public STATE OF ) COUNTY OF ) , I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared and , well known to me to be the Mayor and City Clerk respectively of the City named in the foregoing agreement and that they severally acknowledged executing the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 19 . (SEAL) Notary Public . . E X H 1 BIT II A II LEGAL DESCRIPTION: The South 330.0 feet of the following described pa r c e I : The East Half (E.1/2) of the East Half (E.1/2) of the West Half (W.1/2) of the Northeast Quarter (NE.1/4) of the Southwest Quarter (SW.1/4) of Section 13, Township 46 South, Ran';je 42 East, Palm Beach County, Florida, Less Right of Way of Record for Lake Worth district Lateral Canal No.33, and less the Right of Way for State Road 806 ( West Atlantic Avenue) as recorded in Road Plat Book 3, on page 27, Publi c Records of Palm Beach County, Florida. Owners: Myles S. and Arlene Spodak. 4665 W. Atlantic Avenue Delray Beach, Florida 33445. , , ##7 '1'1 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER .~ 1/ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ACCEPTANCE OF GRANT FUNDING DATE: January 22, 1991 This item is before you for acceptance of grant funding in the amount of $57,913.37 from the Solid Waste Authority for Year III of our recycling program. As with last years allocation, these funds are to be used to maintain and expand our recycling and education programs. Funds are disbursed on a reimbursement basis and must be expended by September 30, 1991. Recommend acceptance of grant funding in the amount of $57,913.37 from the Solid Waste Authority. MEMORANDUM TO: David T. Harden, City Manager FROM: Lula Butler, Director of Community Improvement~ SUBJECT: Commission Meeting of January 29, 1991 Acceptance of Grant Award - Recycling DATE: January 22, 1991 We have received notification that the Solid Waste Authority has allocated the amount of $57,913.37 to the City of Delray Beach for Year III of our Recycling Program. As with last years allocation, these funds are to be used to maintain and expand our recycling and educational program throughout the City. These funds are disbursed on a reimbursement basis and must be expended by September 30, 1991. Last years funding allowed us to hire Robin Ennis as the City's Recycling Coordinator and get our program operational. Grant funds can be used for temporary operating subsidies, including the hiring of staff, provided that the recipient demonstrates a reasonable assurance that the program will be operated without subsity from this grant program by October 1, 1993. Staff recommends that the City Commission approve the acceptance of this grant award and associated conditions. ATTACHMENTS: 'I~ ,. - SOLID WASTE AUTHORIlY OF PALM BEACH COUNTI 7501 ;\'orth ,Jog Road West Palm lkach, Florida 83412 Telephone (W7) 640-11000 January 8, 1991 Dear Recycling Coordinator: The Solid Waste Authority Recycling Office wishes you Happy New Year! . Accompanying this Happy New Year wish is your city's Recycling and Education grant allocation. The allocation for this year is approximately $1.18 per capita. All recycling related expenditures are to be charged against this amount and will be reimbursed on a quarterly basis. Some of you may have already made expenditures in the first quarter (October - December 1990) and your expenditure reports should be received by our office by January 10. The reimbursement process remains the same: all municipal expenditure reports are to be received by the Recycling Office on the 10th day following the end of the reporting period. . Quarter 1: October - December 1990 Expenditure report to Recycling Office: January 10, 1991 . Quarter 2: January - March 1991 Expenditure report to Recycling Office: April 10, 1991 . Quarter 3: April - June 1991 Expenditure report to Recycling Office: July 10, ,1991 . Quarter 4: July - September 1991 Expenditure report to Recycling Office: October 10, 1991 (Note: In order to receive reimbursement for expenditures in the fourth quarter, all paid invoices must be dated no later than September 30, 1991. ) Traditionally, the Recycling Office holds a municipal workshop to present these grant allocations to cities. This year we have decided to notify municipalities by letter and to schedule a municipal workshop for sometime in the summer when we plan to discuss preparation of fourth year grant applications and programs for the fourth year. Recvcled Poi~ II The enclosed package contains several items related to the third year Recycling and Education Grant. 1. Solid Waste Authority Recycling and Education Grant Agreement. Part I: The grant notification provides basic information regarding your city's recycling grant. The grant number is a reference number for you and us to be used on your expenditure reports and in our finance office. A purchase order has been issued on this number and will be used in the reimbursement process. The grant amount is the amount your city has been granted for reimbursement in the third year. .. Part II: The grant conditions describes some basic conditions that pertain to the expenditure of grant funds and the reimbursement process. The OFFER and ACCEPTANCE must be signed and returned to our office by January 21, 1991 for our records. Reimbursement requests will not be processed without a signed agreement. 2. Year 3 Recycling and Education Grant Allocation RE91-49. This spreadsheet shows the distribution of the third year grant funds. The Small city Assistance Program (SCAP) is to be used by cities with a population less than 3,000. This money is set aside for the purchase of recycling containers only. 3. Recycling and Education Grant Quarterly Payment Request. This form is to be used as a summary sheet wit~ your quarterly expenditure reports. Some cities may have no requests for reimbursement in a quarter. When this happens, please fill out this summary sheet showing a $0 in the Total Reimbursement Request line and return to us when the expenditure reports are due. 4. Recycling Grant Justification. This sheet accompanies your back up invoices with a brief description of the item and its purpose in your recycling program. 5. Florida Department of Environmental Regulation Recycling and Education Grant Agreement. This is a copy of the agreement that the Recycling Office received from the DER. Recycled Pap..' . III If you should have any questions regarding the above or require any assistance in preparing your expenditure reports, please call Leigh Murphy at 471-2700. Sincerely, ~ ~SL~ Sherry Weinschenk Intergovernmental Coordinator ... . Recvcled Paver SOLID WASTE AUTHORIlY OF PALM BEACH COUN1Y 7501 :\()rt11.JO~ Road \\'csl Palm Bcach, Florida 33412 Telephone (407) 640-4000 RECYCLING AND EDUCATION GRANT AGREEMENT PART I - GRANT NOTIFICATION 1. Grant Number: RE91-49-24798 2. Date of Award: December 10, 1990 3. Grant Title: SOLID WASTE RECYCLING AND EDUCATION GRANT .. 4. Grant Period: October 1, 1990 - September 30, 1991 5. Grant Amount: $57,913.37 6. Grantee: City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 7. Contact Person: Name: Robin Ennis Address: 100 N.W. First Avenue Delray Beach, FL 33444 Phone: (407) 243-7138 8. Total population of Grantee from official April I, 1989 Population Estimates: 48,993 9. Issuing Office: Office of Recycling Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, FL 33412 (407) 471-2700 Recycled Pap", PART II - GRANT CONDITIONS 1- The method of payment for the period October 1, 1990 through September 30, 1991, will be on a reimbursement basis only. 2. The grantee shall submit payment requests on a quarterly basis. An original of the payment request, with summaries and appropriate contracts attached, shall be due on the lOth day of the month following the reporting period. 3. Grant funds may be obligated for allowable expenditures until September 30, 1991- The grantee may expend grant funds and liquidate obligations until September 30, 1991. .. 4. Expenditures shall be limited to allowable items as listed in section 17-716.430 of the Solid Waste Grants Program Rule: a. Solid waste recycling grants shall be used to provide funding for recycling program capital costs, which include equipment purchases, solid waste scales, facility construction and other such costs approved by the State of Florida Department of Environmental Regulation. b. Grant funds may also be used for temporary operating subsidies, provided that the applicant shall demonstrate that such a use is necessary for the success of the recycling program, and shall show how the subsidy will benefit the program. The applicant shall also demonstrate that the subsidy is temporary by providing reasonable assurance that the program will be able to operated without a subsidy from this grant program by October 1, 1993. c. Recycling grant funds shall be used for projects to assist local governments in recycling paper, glass, plastic, construction and demolition debris, white goods, and metals and in composting and recycling the organic material component of municipal solid waste. d. Sol id waste education grant funds shall be used to promote recycling, volume reduction, proper disposal of solid wastes, and market development for recyclable materials. Up to 30 percent of grant funds may be used for planning studies to assess the feasibility and success of the recycling and education programs. "., e. All existing public and private recycling infrastructure shall be fully used to the extent possible when planning and implementing the local government recycling program. Funds shall not be used for duplicating existing private and public recycling programs unless the applicant demonstrates that such existing programs cannot be integrated into the planned recycling program. 6. Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by state of Florida Department of Environmental Regulation personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 3 years following the end of the grant period. The grantee agrees that it will .. expeditiously initiate and complete the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida statutes and the Florida Administrative Code. 7. The state of Florida Department of Environmental Regulation has the right to terminate a grant award and demand refund of grant funds for non-compliance with the terms of the award of the Solid Waste Grants Program Rule 17-716. Such action may also result in the Department declaring the local government ineligible for further participation in the program until the government complies with the terms of the grant award. 8. Allowable costs incurred on or after the budget period start date, October 1, 1990, may be charged to this agreement. 9. Grant funds shall be included in the grantee's Annual Audit performed under the Single Audit Act (A128). Any subgrants made by the grantee shall also include a provision for the subgranted funds to be included in the subgrantee's Annual Single Audit. 10. Grantee shall obtain all necessary construction-related permits before initiating construction. 11. The State of Florida's performance and obligation to pay under this grant agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue. .HI , ' Agenda Item No.: AGENDA REQUEST Date: January 22, 1991 Request to be placed on: X Regular Agenda (Consent item) Special Agenda Workshop Agenda When: Januarv 29.1991 Description of item (who, what, where, how much): Acceptance of Grant Award: Accept Recvcling and Education grant allocation in the amount of $57,913.37 from tnp Solin Waste Authority of Palm Beach County for year three of City's Recycling Prngr<lm (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommenda tion: Staff recommends approval. (Example: Recommend approval with funding from Special Events Account No. 001-3333-555-44.55). Department Head Signature'~~~. ..... .~ ( City Attorney Review/ Recommendation (if applicable): , Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: ~/ NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 WAIVER OF PROCESSING FEES DATE: January 22, 1991 We received a request from the Drug Abuse Foundation for waiver of zoning, site plan, and boundary replat application fees for the construction of a drug treatment center/halfway house. These fees amount to $1,250. Previously, the Commission has approved requests of this nature. Additionally, this action is consistent with the LDRs which provide that waiver of payment of application and permit fees may be granted by the City Commission for good and substantial cause. Recommend approval of waiver of application and permit fees for the Drug Abuse Foundation. C I T Y COM MIS S ION DOC U MEN TAT ION TO: CJ:;~Gk:=TY' CITY CLERK FROM: ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 29, 1991 WAIVER OF PROCESSING FEES - DRUG ABUSE FOUNDATION ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of a waiver of processing fees. Such a waiver is allowable pursuant to LDR Section 2.4.3(K) (7) (b) which provides that "waiver of payment of application and permit fees may be granted by the City Commission for good and substantial cause upon written application through the City Manager". BACKGROUND: On previous occasions, the Drug Abuse Foundation has received a waiver of processing fees for their residential treatment facility and main campus on S.E. 4th Street. Those waivers were granted in October, 1988 and October, 1989. The Foundation is now contemplating a substantial upgrade of its Oak Square rehabilitation facility. Involved will be conditional use, site plan, and abandonment processing and perhaps some variances. Attached is the written request as provided by Alton Taylor, Executive Director. It provides the rationale for the waiver of fees. RECOMMENDED ACTION: By motion, approval of the waiver request. DJK/#75/CCDRUG.TXT -:')) I.. ~ -- . 'J ( 660 Linton Blvd., Suite 202, Delray Beach, FL 33444 407/278-0000 732-0800 f ~, I' January 3, 1991 '~: 1)w'l~[Q) If 0 7 91 DRUG ABUSE Mayor Thomas Lynch ;y C()~~r,~l ~)iON fF(D) (u) lM (0) ~ l' 0 (0) lM City of Delray Beach r" ..,...-,...-.............."'.'!; 100 NW First Avenue of Palm Beach County, Inc. Delray Beach, FL 33444 OFFICERS Claudia A. Sweeney Dear Mayor Lynch: President Jerry Taylor Vice President Subject: Waiver of Application Fees Paul Steele Treasurer We are currently submitting Zoning, Site Plan, and Boundary Re- Sue McMaster Secretary Plat applications for the construction of a drug treatment center/halfway Richard Siemens house program. The total application fees are $1250.00. We are Life Director requesting a waiver of these fees. We have included checks with the Leon M. Weekes applications because we did not want the waiver request process to hold Life Director Up the filing of the application. As you know, we are a public program DIRECTORS and, as one of the human service agencies you have provided funding to Ernest G. Simon over the last several years, you know that we never have enough funds Raymond E. Gerner to meet the public needs with which we are confronted. Lorenzo Brooks Addie L. Owens Kathleen Daley You already know that the facility we are proposing to build is Herbert Gimelstob important and needed by the many people who need drug treatment but Denny De Sio Donald Ralph cannot afford it. In order to be able to provide these services, we Daniel Gewartowski, D.D.S. Matthew 'Bump. Mitchell depend on contributions from a variety of sources. You know the good work we have done in the Delray Beach community during the last 21 Alton Taylor. M.Ed, years and the commitment we have demonstrated in trying to fight the Executive Director drug problem. We would appreciate your support in granting our TREATMENT PROGRAMS request for waiving the aforementioned application fees. Screening, Evaluation, and Case Management Residential Services Once again, thank you so much for your support. Should you Outpatient Services have any questions regarding this request, please do not hesitate to contact me at your earliest convenience. t;,t' '& Day/Night Services Family Services Respectfully, ~ o ~ PREVENTION PROGRAMS ~~~ 0..." '/;~. ALPHA I Program Drug Abuse Foundation of Palm Beach County, Inc. r.t 1,. ~ Boynton Beach Oe~ /1 ALPHA II Program 1'07\ --.'-J Boca Raton ;,: ., .} ALPHA III Program Alton aylor, M.Ed. -~'1' Delroy Beach Executive Director Early Intervention i Program CC: Mr. David Harden, City Manager Follow-Up and Mr. David Kovacs, Planning and Zoning .", 1,. . i;l1 Outreach Program rmJ . "w orking Together In Parlnership For A Drug-Free Palm Beach County 1/ [IT' DF DELIA' BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243,7000 January 14, 1991 Alton Taylor, M. Ed, Executive Director Drug Abuse Foundation of Palm Beach County, Inc. 660 Linton Boulevard - Suite 202 Delray Beach, FL 33444 Re: Request for Waiver of Fees Oak Square Project Dear Alton: Your request of January 3rd has been directed to this office for handling. Pursuant to Code Section 2.4.3(K)(7)(b), a waiver may be granted by the City Commission. Accordingly, your request will be placed before the Commission on its agenda of January 29, 1991- Inquiries regarding this item should be directed to Jasmin Allen of my staff. cr::~ David J. Kov~rector Department of Planning and Zoning DJK/cm c: David Harden, City Manager Alison MacGregor-Harty, City Clerk Project File . THE EFFORT ALWAYS MATTERS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER /9f.I/ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 WAIVER OF PLAN AMENDMENT PROCESSING FEES DATE: January 22, 1991 This item is for the establishment of policies with regard to processing fees for privately initiated Land Use Map changes submitted during the generation of Comprehensive Plan Amendment 91-1. Currently, the processing fee for a private petition for a land use designation change is $2,000. This fee covers costs of two 1/4 page ads, mailings of notice, multiple copies for State and Agency review, and the ORC response report. Subsequent to a Land Use Map Amendment, a rezoning petition must also be processed, the fee of which is $900. The Planning and Zoning Board is recommending that the fee for a private petition for a land use designation change, processed as a part of the City's first annual amendment, be waived provided that a rezoning petition is concurrently processedj that the notice to property owners for both the Amendment and the rezoning be combined and that a concurrent public hearing be held on each itemj and, that City-initiated map designation amendments and subsequent rezonings also be concurrently processed. A detailed staff memorandum is attached as backup material for this item. Recommend approval of waiver of processing fee for Comprehensive Plan Amendments and establishment of a dual noticing procedure. C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~SON MACGREGOR-HARTY, CITY CLERK FROM: ~ ~O~i,~ECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 29, 1991 WAIVER OF PROCESSING FEE FOR COMPREHENSIVE PLAN AMENDMENTS & ESTABLISHMENT OF MANNER OF NOTICING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of granting a waiver of processing fees and to concur with the proposed method of dual processing and noticing for the public hearings for Land Use Map Amendments and associated Rezonings. The waiver of fees is permissible pursuant to LDR 2.4.3(K) (7) (b). BACKGROUND: Attached is an in-house memo which provides more background and an explanation of the situation at hand. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board reviewed this item at a work session and concurred with the following approach: l. The fee for a private petition for a land use designation change which is processed as a part of the City's first annual amendment be waived provided that a rezoning petition is concurrently processed - a single fee of $900. 2 . The notice to property owners for both the Amendment and the rezoning be combined with the P&Z Board holding a concurrent public hearing on each item. 3. In the case of City initiated map designation amendments, the potential subsequent rezoning will also be concurrently processed. City Commission Documentation Meeting of January 29, 1991 Waiver Of Processing Fee For Comprehensive Plan Amendments & Establishment Of Manner Of Notice Page 2 RECOMMENDED ACTION: By motion, authorize the waiver of fees for private petitions in Plan Amendment 91-1 pursuant to the above approach. Attachment: * P&Z Dept Memo of January 14, 1991, to the City Manager DJK/#75/CCFEES.TXT PLANNING AND ZONING DEPARTMENT MEMORANDUM TO:( ,DAVID H~~ CITY MANAGER .~ '- j \,)Q,eJ FROM: ~. KOVACS, DIRECTOR OF PLANNING AND ZONING DATE: JANUARY 14, 1991 RE: FEE STRUCTURE AND NOTICE REQUIREMENTS, AMENDMENT 91-1 We have begun the P&Z Board work session review of forthcoming Plan Amendment 91-1. This Amendment involves policy items, capital improvement scheduling, City initiated Land Use Map changes, and privately initiated Land Use Map changes. During our first review session the subject of fees for private petitions and notice requirements were discussed. The following provides the Board's consensus direction on each of these items. Fees for Private Petitions: The fee schedule is set in the LDRs [2.4.3(K) J and is $2,000 for a private land use petition. The $2~000 fee covers costs of two 1/4 page ads, mailings of notice to property owners, multiple copies of reports which are required for State and Agency review, and the ORC response report. Subsequent to a Land Use Map Amendment, a rezoning is to be processed with a fee of $900. The Comprehensive Plan may be amended only twice a year except for small scale amendments (defined in the Act). However, these small scale amendments do require full processing. When, the City undertakes its annual amendment, private land use petitions may be included. In this case, the costs for the 1/4 page advertisements need be borne only once i. e. each petition does not require its own ad. Also, when dealing with the City ini tiated amendment, we have offered to consider some designations as a part of the amendment. Thus, we may have two items which affect land use designations; one from a petitioner; and one which the City initiated in response to a landowners inquiry. This results in one with a $2,000 fee and one with a $0 fee. Given the above situation, the Board felt that there should be some relief with respect to private petitions included in the City's annual amendment process. Notice Requirements: We have established (in the LDRs and before) that a Land Use Map Designation Amendment be noticed in the same manner as is a rezoning. This includes letter notice to owners of adjacent property within 500' of the subject property. Due to the extent of some of the City Land Use Map considerations (e.g. Del Aire Golf Course Subdivision and Lakeview Golf Course) there will be a significant amount of letters to be mailed. . To: David Harden Re: Fee Structure and Notice Requirements, Amendment 91-1 Page 2 The Board rejected the notion of amending the notice requirements. However, they did support the concept of a "dual processing" of the Amendment and the Zoning Petition i. e. one mailing which noticed the amendment and the zoning considerations and the holding of concurrent public hearings at the Planning and Zoning Board level. It was noted that enactment of the zoning could be deferred until receipt of certification (of the amendment) or have an effective date tied to certification or adoption of the amendment. Proposed Manner of Proceeding: Based on the above, I propose that: 1. The fee for a private petition for a land use designation change which is processed as a part of the City's first annual amendment be waived provided that a rezoning petition is concurrently processed - a single fee of $900. 2. The notice to property owners for both the Amendment and the rezoning be combined with the P&Z Board holding a concurrent public hearing on each item. 3. In the case of City initiated map designation amendments, the potential subsequent rezoning will also be concurrently processed. If the above is agreeable with you, I shall have it placed on the January 29th CONSENT AGENDA for formal approval since waivers to the fee schedule require Commission action. DJK/dlm c: Stan Weedon, Comp Plan Coordinator Jeff Kurtz, City Attorney Jasmin Allen, Planner I Alison MacGregor-Harty DJK/#2jCPFEES.TXT M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGE~ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 FINAL PLAT APPROVAL AND WAIVER REQUEST/REBECCA'S LANDING SUBDIVISION DATE: JANUARY 23, 1991 We received a request for final plat approval and waiver of the sidewalk installation requirement from the property owner of Lots 17 and 18, Del-Harbour Drive (Rebecca's Landing subdivision). A situation has occurred whereby an existing structure encroaches over a common lot line. The property owner wishes to adjust the boundary line so that one of the resulting lots can be sold as a vacant property. Presently, two conforming lots exist. Adjustment of the boundary line has been configured so that a nonconforming situation will not be created. Additionally, as part of the subdivision improvements, construction of a sidewalk is required. The property owner is requesting a waiver of this condition as the street is on a cul-de-sac and there are no other sidewalks in the immediate area. Also, the "in lieu of" fee is not appropriate as this area will remain unimproved. This item has not been reviewed by the Planning and Zoning Board inasmuch as it is only a replat of a minor subdivision. Recommend approval of a final plat to adjust the boundary lines for Lots 17 and 18, Del-Harbour Drive (Rebecca's Landing subdivision) and approval of waiver of sidewalk installation requirements as they pertain to this subdivision action. C I T Y COM MIS S ION DOC U MEN TAT ION TO: SON MACGREGOR-HARTY, CITY CLERK h0()4 FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 29, 1991 FINAL PLAT, BOUNDARY ADJUSTMENT - REBECCA'S LANDING AND WAIVER OF SIDEWALK INSTALLATION REQUIREMENT (Lots 17 & 18, Del-Harbour Drive) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of final plat - replat of two lots to accommodate a boundary adjustment. BACKGROUND: The situation here is the encroachment of an existing structure over a common lot line. The property owner wishes to adjust the boundary line so that one of the resulting lots can be sold as vacant property. Two conforming lots exist. Two conforming lots will be created. The zoning is RL. The lot area and dimension are as follows: Item RL Requirement Provided Lot Area 8,000 sq. ft. 8,005 & 11)544 sq. ft. Lot front/width 60 feet 68 & 102 feet Lot depth 100 feet 115 feet each The lot line adjustment has been configured so as not to create a nonconforming situation with respect to setbacks for the existing residence. As a part of subdivision improvement requirements, a sidewalk is to be constructed. The owner has requested waiver of sidewalk installation since the street is a cul-de-sac and there are no other sidewalks in the immediate area. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board has not reviewed this item as it is only a replat of a minor subdivision and, as such, is processed directly to the City Commission. . City Commission Documentation Final Plat, Boundary Adjustment - Rebecca's Landing and Waiver of Sidewalk Installation Requirement Page 2 RECOMMENDED ACTION: By motion, approval of the final plat submission of Rebecca's Landing and grant a waiver of sidewalk installation requirements as they pertain to this subdivision action. Attachment: * Final Plat Exhibit DJK#78/CCREBEC _ , " - It".... I., WI1I""1" , " ...,- "'" __ /.7 V t" ~~ ~ 1'7 ;" ~ '* ~r? "''''':11' ~ LJ.t."L.k'AY LlL;4C/t .PALU LJEAC#C!tJt/A/r;: /LtJR/LJA. SCALE: /1'/::: ?t:J' ~.. L . l..... ._.1- I .... ---- .----- ----------.-.--------.~ CJ "E'!5' 5d" /t1d' DEL - k'ARB OCR It( 9~ -t?.:' ~cJ ''C. /7tJ. tJtJ' '~l 7~ tJcJ ( 95.C)t::J' ~ ,} ~ I ~ ,~ I~~ ~~ ~. ~ I~ " , . . ~' ~ I' ;; ~ I ~. ~ ~' .. . :IJ\ ~ .. .. .. ~ ~ ~ ~ ~ S\ ~ I ~~ ~".::\ ~ ~ I ~ LOT Z LOT / ~ \f\ I ~ ~~~ ~ ~~ I'. ~' ~'-~ ~ ~~ ~ ~ r ':t~ ~ ~ ~ ~ \ .J \(j ~ '" ~ f' ~ ~ '.. ~ .. ~~ 'P~ , ~ ~~ .~ ~ ~ ~ ~ ~~ ~ ~ ~ \ \ ~i .. ~~ :1~ ~ ,,~ I ~ "'~ ~. '..:~ I tP9 tJe?' /e?Z c;Jc7' . ----.- /7t:1 t'JCJ' A( .9/" c1 cJ / t:1t1 "cr. , . ~I ~ . i _J~__ \(\, ~j I r A/. 9/" t:?t?' c1CJ de-, ff -- - -----. ----- - ----- --- -.-.--.------ -------- OEL- //A/?8CJL/R OR/t/E ". ,,, . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 9.tJ1 SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 REQUEST FOR FINAL PAYMENT/GATEWAY CONSTRUCTION COMPANY DATE: JANUARY 23, 1991 The item before you is a request for final payment from Gateway Cons truction Company in the amount 0 f $15,331.00 for completion of 1990 Storm Drains Rehabilitation Project. This project consisted of inserting polyethylene liner pipe into approximately 475 lineal feet of storm drain pipe at locations on Hyacinth Drive, Poinsettia Road and Cypress Drive. Staff has reviewed the work and found it to be satisfactorily complete. Recommend approval of final payment to Gateway Construction Company in the amount of $15,331.00 with funding from Streets and Sidewalks (Account No. 001-2911-519-60.63). Account balance: $19,760.00. "" ~ I /~ --.' M E M 0 RAN DUM TO: David T. Harden, City Manager ; THROUGH: .John W. Elliott, Jr., Assistant City Manager/ ManageMent Services ; - FROM: T~d Glas, Purchasing Director ~~ .~ DATE: July 11, 1990 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JULY 24, 1990 - BID AWARD - BID +90-65 BS;t!eHI~IIAIIg~_QE_~IQBt1_D-Belt:i~_EQB__XS;BB_12~Q It~~_a~fg~~_Ci1~_CQ~~1~~1QD~ The City COrU'li9Sion is r.quest'~d to .ward ccmtract to singla bidder, Gateway Construction COMpany, in the aMount of $6~,760q/ perlihe B~~et 'D~ector, fUn~nQ i:AfrOM: - - - (Te' -+ It EW --.-.. -_._-~)- _ Ql_~_lj___s J0Q_ ___ _ __~$_____ll____L~_________. aar:.k!.lI:!;;Z~Dd..i :~s;.QR!LQf~.WS:l.I:k The work consi~ts of insertion of a polyethylene liner pipe (sliplining) into approxiMataly 475 lineal feet of: storM drain pipe at locations on Hyacinth Drive, Poinsettia ROCld and Cypress Drive. Bids for this project were received on ~uly 5, 1990 froM one (1) cont ractor, .11 in accordance with City purchdsing procedure~. (Bid +90-65. DOCUMentation on file in the Purchasing Office.> A tabulation of bids is attached for your review. The singl~ bid was subMitt.d by GatP.way Construction COMpany in the aMount of $19,760. Engineering's estiMate is $19,600. B~s:g[!)r.l~Dgs1:t.iQDJ. Sta ff reCOMMends .award to the single bidder, Gateway Construction COMpany, for the aMount of $19,760. Funding ati outlined above. e:t:t2~b~~D:tlil Tabulation of Bids MeMoranduM frOM Engineering pc _.~ . ~ . . -- @GATEWAV ----.--- .---- ...-..--' .-..~.~.J~::~~1~{-- \ G CONSTRUCTION . ...-. \ COMPANY Date (Jj L/ - \ Signature INVOICE .- October 31, 1990 ; Mr. Charles Axelrod Acting city Engineer 100 N.W. 1st Avenue Delray Beach, FL 33444 Project: . Rehabilitation of Storm Drains for 1990 Project #04-11-90-DB Unit Item Description Quanti ty Price Amount 1a Slipline 8-12" 117 LF $ 33 $ 3,861 Ib Slipline 15-18" 243 LF 40 9,720 2 Trench excav. 25 LF 70 1,750 3 Fill 0 8 0 Total amount due $15,331 ~ ; ~ ! "', I F R V 1 v .- \ { . Signature Da.te -1-1/ ~ _"'......"'-.. -------.---.--. ,...~ c:~,.- , cg.o \ ~ ~ ~ \ o. \, ~ \;~ ~. ~ ~"J c: \ ~ -- l, \ . ~,.."..- 10 ~ \ ~ .. .- J .., . . \.'- .-,... ..' \ .~ DD -- . 1730 NORTH POWERLlNE ROAD, POMPANO BEACH, FLORIDA 33069 · 972-4551 .( !I .- ~ I . . ! . Agenda Item No.: AGENDA REQUEST Date: 1/'}'}19l Request to be placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: 1/29/~1 Description of agenda item (who, what, where, how much): RpQllP!':t r.ity Commission to approve Final Payment for Gateway Construction r.nmr"n)T Prnject- Rehabilitation of Storm Drains for 1990 Proiect # 04-11-90-DB in tnp Rmollnt of $15, 33l. 00. City Approval July 24, 1990 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends City Commission approvRl for Fin<l' r<lympnr to Gateway Construction Company in the amount of $15.111 00 ;., Funding source will he 001-29ll-Sl9-60 61 Department Head Signature: {/)/~~ // '7/1/ Determination of Consistency with Comprehensive Plan: ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/ NO swti~f{~le) Funding alternatives. Account No. & Des~~ton: 001-29l1-519-60. 63 Account Balance: I f fJ.t'b City Manager Review: Approved for agenda: G3 NO ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # -MEETING OF JANUARY 29, 1991 REQUEST FOR FINAL PAYMENT/COMMUNITY ASPHALT CORP. DATE: ,January 22, 1991 This item before you is a request for final payment in the amount of $20,387.84 from Community Asphalt Corp. for completion of the bike path on the west side of Homewood Boulevard from Linton Boulevard to Atlantic Avenue which was contracted as part of the 1990 Resurfacing Project. Staff has reviewed this project and has found the work to be satisfactorily complete. Recommend approval of request for final payment from Community Asphalt Corp. in the amount of $20,387.84 with funding from Capital Ou tlay Resurfacing (Account No. 334-3162-541-60.53) . Account balance: $33,376.39. >w . ... . . , MEMORANDUM TO: George Abou-Jaoude Dep. Dir. of Environmental Services/ Capital Projects FROM: Patrick Costello Engineer Inspector SUBJECT: STREET RESURFACING 1990 BICYCLE PATH RESTORATION AND CLEAN-UP DATE: January 10, 1991 I refer to my letter of December 18, 1990, on the above subject, and wish to inform you that the required restoration has been completed by Community Asphalt. I inspected this work on 1-9-91 with Charles Axelrod who was responsible for the contract award, and we found it acceptable for final payment. The Contract Surety Bond guarantees the work for one year as specified in Paragraph 3, Section D of the contract document . ~~ ~J4- Patrick Costello PC/gm cc: William H. Greenwood, Dir. of Environmental Services Mark A. Gabriel, Asst. Dir. of Environmental Services/ City Engineer John J. Callaghan Community Asphalt Corp., 10011 Pines Bl vd,. , Suite 203, Pembroke Pine, FL 33024 .. file; 1990 Street Resurfacing-Bicycle Path file; a:pcstres2. "~'I . ~ ,..., 'I-'NT . "TAH'M ". . ~. "... :1. . PAGe "1/90 ("'OF'F". '\._ '10/-:>, , ~ c'I"'HAL T ,., OAf c.. 4ill 'I'TY H.., .'T .. r-'rH-U'\UN,. ...": L VD. .. . CUb. . .-'... I" ]' NI" c) l~.. ..,....<;()'....~ /"r'l /elf) .[ no 11 " . -;..- - ~-. .. 10 .,. .. . ." ...,' - 2,)., '.L '''''18 Run C rrN'.S ,)" .... . ,. "";':1)':'1:;"1"'1'[: ..' ., . ._" I" .. ,- , .... .... .. Y PFACH '.... nFl...F~:(~\ ..' ... ... rrTY U~ -:"l"nN AVL. ..... ~ C~I,.JlI" ..,. ".""444 4~54 b. '.., ~, " "',..j FL ,:),;) .. " - ,,,.. ,.,L . .._. ... __ OEL.R" , .. ...'_'______'=::::;'__'._.'~;;, .~~_'_ ___ __'__;,~~~~:~,~,~~.~~..~.:~.:::~~ ~~:,,:L ..--......--..--,....,. TNVuILL F'A1Li -.--..,...--- . ...." n. ........,..........- " "... ., . "'.T..__.__.__. -'0. ;;Q , . . .......,........ ".'H'O r LI,. \MOU" _.,......__. ~ . .,.--, , . TF .,.. , . . . ,.. .. ...,.,..----..,... ,. ) ~ h- T j\.!\.)U.I. ..' ... 't'.11 !'iBl:r, .....--.--...,... .1 B3 . 4 .))( . d.. ";s")'" \:'(4 . . ,. · , '..--,. c () .. , r) () ", , . <,. ,wn. .......,.., ,~_, / ; . .... --....,....--...::...:,...=--------,.,....--..--. -,,,,, . 878. ..,() 1 (). ...., _ # r) 90080 ~.d_ . . .. n ') ':)'..)4 ,~. 0/09/ r'.... ,... I 2-/ )"/ 7 c (l1 Clyte. : C-L> k 2t. , fIe.-<< 5J:2-- k. W 5\~ "'t ~o-r~ ~\lll ~ (2...LfT" ( 01- I l' "Y'DJ P Co ':f , , I CR"'- u , 0 5t,g) OJ. ~. v>Q. __.s:""" C> 1lC'. ~ O,,?T. ) Ii- (. . ~5l--e. b- l'2-e--ft:0 vu U I V1 V . C1~cL...d c--0>.cl=_ ~. G ~ /1'. -~ I __ .. .,_ ,....._ _.. __'_ _...... n" _.._~:: _.._ _ _'. _,..... ___ .....-......-.....-.........- '1 ':)0 DAY,;) .,.-----... Y~ . ,. - ----.,..,..- 90 DA ... .__..___ .,.--.-----.-:.--:~- --...-.-- 6(l, D~ Y;' .., _.__ .._.__._______ _.______,._ ,..,..--......,.. .- () LiA'., ~O;H , . ,3 __.__ ._. .---..--,.,..-.,. , .,. T .,. ~ ". _______.__, -....,..., r', Jr<kLN ______. .._ .,.. ...,.... .._ '''' .... __ ._..... n~: .... n" ........ .... _......... ...'..n.... .... ..'. _., ,_. __ _, ,_ '.__'. __._ _n__ ,"I . . . \ city of Delray Beach Yearly Resurfacing Project 102-01-90 Payment Request 11: Final Item 1. Description Unit ~ Plan Quant. Actual Ouant. Ext. v 1 Ty S-III ACSC $ 34.00 5,200 TN 4,879 165,886.0 with Tack ~. 2 Adjust Manholes 110.00 50 EA 32 3,520.01 /3 Adjust Inlets 750.00 1 EA 0 O.O( 4 Adjust Valve 75.00 15 EA 2 150.0C i Boxes 5 Thermoplastic Striping ,/ 5a Solid & Skip 7,875.00 1 LS 1 7,875.0' Centerline /5b Edge Line 252.00 1 LS 3 756.0 ./5c stop Bars 37.80 75 EA 87 3,288.00 " 5d Crosswalks 157.50 2 EA 9 1,417.50 I School Location 170.10 5 EA 3 '/5e 510.30 5f Single Arrows 42.00 5 EA 3 126.00 5g Double Head 84.00 1 EA 0 0.00 Arrow /5h Only M~SS~__ 82.95 I EA 0 0.00 06 - 5' Bike Path 4.75 4,250 LF 4,284 20,349.00 -~ --' -........- .. Total Work To Date: $ 203,878.40 - 0% Retainage: 0.00 Subtotal: 203,878.40 Amount Previously Paid: 0.00 ~ $ 203,878.40 ~ {;e- ,,:7 ~? ~r; e..~" i.Y- / /~ /l;p r #",n/- d :> / cf' 3, '1'1 0, S tJ ,,,I I : !/ - I . Agenda Item No.: AGENDA REQUEST Date: 1I14/91 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda .;29 When: 1 /:rJ' / q 1 ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends City Commission approval for Final Payment to r.nmml1niry A!'lpn<llt Corp.. in the amount of $20.387.84. ;.. ~lnning ~ource - 334-3162-541-60.53 Department Head Signature, ~~ ~ Determination of consisten~ 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: 334- 3162-541-60.53 RJ:.SUt< FttCRJ8 Account Balance: . ~5131fo. ~ ." City Manager Review: - @ NO flf1 Approved for agenda: i Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved OJ., . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 REQUEST FOR FINAL PAYMENT-WIDELL ASSOCIATES, INC. DATE: January 22, 1991 We received a request from Widell Associates, Inc. for final payment in the amount of $209,983.59 for completion of the Water Treatment Plant Expansion. Staff has reviewed this project and found it to be satisfactorily complete. Recommend approval of request for final payment from Widell Associates in the amount of $209,983.59 with payment from 1984 Water and Sewer Revenue Bond/Water Treatment Plant Clarifier (Account No. 441-5162-536-60.76). Account balance: $209,983.59. 'ill " r~ ~ wrnv \)J - ~- ~I WIO-ELL AssO IATF -.., INC. DADE BROWARD (;n9in~~rinf) LOnjtruclion 305.50 f -6653 305-949-1181 305-587-0520 MAIL: SEWAGE TREATMENT WORKS 5850 S W 45TH STRHT POBOX 290' 20 WATER TREATMENT WORKS n LAUDERDALE FL JJJ 14 ". LAUDERDALE FL JJJ29 SUBSTRUCTURE CONSTRUCTION TO: City of Delray Beach DATE: January ?l. lqql 100 N.W. 1st Avenue RE.: City of Delray Beach, FL Water Treatment Plant Expan. Delray Beach, FL 33444 City P.O. #017642 Attn: Mr. William H. Greenwood Proj. #14-009.21 - I-JAI #376 SUBMITTAL NO. WE ENCLOSE THE FOLLOWING: FINAL PAY REOUEST NO. COPIES DWG. NO. DESCRIPTION 1 ung. I) I 7 6 Copies Application for Payment No. 18 in the amount of $209,983.59 1 Un g. I) 7 6 Copies Bonding Company1s Consent to Make Final Payment 1 ung. IX 7 6 Copies Contractor1s Final Affidavit and Release of Lien 1 Original Listing with Final Releases of Liens - Suppliers/Subcontractors SUBMITTED BY: Widell Associates, Inc. FOR: Xl APPROVAL o CORRECTION & RESUBMISSION o APPROVED. PROCEED [J FINAL APPROVAL o APPROVED AS NOTED. PROCEED o USE NOTE: IN ORDER TO MEET CONTRACT SCHEDULE. THESE DRAWINGS MUST BE RETURNED NO LATER THAN REMARKS: The project is complete. ; -. /' cat ~/ (Est. & Brkdwn.) w/cc encls. cc: i 1 e Field Chrono Post, Buckley, Schuh & Jernigan, Orlandc - BY Attn: Mr. J. Richard Voorhees. P.E. .r APEX 102 WAr Sil6 e;ty Pay/J APPLICATION FOR PAYMENT CITY OF DELRAY BEACH / APPLICATION NO. 18 PROGRESS: FINAL: X PROJECT: WATER TREATMENT PLANT EXPANSION OWNER'S PURCHASE ORDER NO. 017642 ENGINEER'S PROJECT NO. 14-009.21 CONTRACTOR: WIDELL ASSOCIATES. INC., P.O. BOX 290120. FT. LAUDERDALE. FL 33329 CONTRACT DATE: JUNE 21, 1989 APPLICATION DATE: DEC. 25, 1990 FOR PERIOD ENDING: DEC. 25,1990 SUMMARY OF TOTAL CONTRACT AMOUNTS TO DATE ------------------.---------------------- l. ORIGINAL CONTRACT AMOUNT: S2,248,OOO.00 2. APPROVED CHANGE ORDER AMOUNTS: (S15,975.65) -------------- ? TOTAL CONTRACT AMOUNT TO DATE: S2,232,024.35 ... ANALYSIS OF WORK PERFORMED TO DATE ---------.---.-------------------- 1 VALUE OF ORIGINAL CONTRACT WORK PERFORMED TO DATE INCLUDING CHANGE ORDERS: S2.232.024.35 "\ PLUS MATERIAL STORED: SO.OO ... (ATTACH MATERIAL STORED REPORT AND COPIES OF INVOICES) -------------- 3. SUBTOTAL GROSS AMOUNT DUE: 52,232,024.35 4. LESS 0% RETAINAGE: SO.OO -------------. 5. NET AMOUNT EARNED TO DATE: S2,232,024.35 6. LESS PREVIOUS PAY REQUESTS: S2,022,040.76 -------------- 7. AMOUNT DUE THIS APPLICATION: $209,983.59 ,;,' ~ , ~: '" 376C1290 APPLICATION FOR PAYMENT PAGE 1 OF 5 , , . CONTRACTORS CERTIFICATION ------------------------- THE UNDERSIGNED CONTRACTOR HEREBY SWEARS UNDER PENALTY OF PERJURY THAT (1) ALL PREVIOUS PROGRESS PAYMENTS RECEIVED FROM THE OWNER ON ACCOUNT OF WORK PERFORMED UNDER THE CONTRACT REFERRED TO ABOVE HAVE BEEN APPLIED BY THE UNDERSIGNED TO DISCHARGE I~ FULL ALL OBLICATIONS OF THE UNDERSIGNED INCURRED IN CONNECTION WITH WORK COVERED BY PRIOR APPLICATIONS FOR PAYMENT NUMBERED 01 THRU 17 INCLUSIVE; AND (2) ALL MATERIALS AND EQUIPMENT INCORPORATED IN SAID PROJECT OR OTHERWISE LISTED IN OR COVERED BY THIS APPLICATION FOR PAYMENT ARE FREE AND CLEAR OF ALL LIENS, CLAIMS. SECURITY INTEREST AND ENCUMBRANCES: AND (3) ALL APPLICABLE PROVISIONS OF THE FLORIDA PREVAILING WAGE LAW (FLORIDA STATUTES 215.19) REGARDING APPRENTICES AND PAYMENT OF WAGES HAVE BEEN COMPLIED WITH AND ~Q THE BEST OF MY KNOWLEDGE fu1D BELIEF BY ALL SUBCONTRACTORS. CONTRACTOR SHALL ~TTACH LIKE AFFIDAVITS BY ALL SUBCONTRACTORS.) DATED: JEC. 25, 1990 ',HDELL ASSOCIATES. IllC. JR. COUNTY OF BROWARD STATE OF FLORIDA BEFORE ~E ON THIS 21ST DAY OF DECEMBER, 1990. PERSONALLY APPEARED W. H. ~INSEMANN. JR.. KNOWN TO ME, WHO BEING DULY SWORN, DEPOSES AND SAYS THAT HE IS THE VICE PRESIDENT OF THE CONTRACTOR ABOVE MENTIONED; THAT HE EXECUTED THE ABOVE APPLICATION FOR PAYMENT AND STATEMENT ON BEHALF OF SAID CONTRACTOR; AND THAT ALL OF THE STATEMENTS CONTAINED THEREIN ARE TRUE, CORRECT AND COMPLETE. MY COMMISSION EXPIRES: ~ et- UIuLLu My Comm. EJcp. Oct. 23. 1994 :WTARY PUBL I C Notary Public: Sta. at Florida At LIrII / ENGINEER'S APPROVAL ------------------- IN ACCORDANCE WITH ABOVE CONTRACT. TSE UNDERSIGNED APPROVES PAYMENT TO THE CONTRACTOR OF THE AMOUNT DUE AS SHOWN ABOVE. BY: ,POST. BUCKLEY, SCHUH & JERNIGAN. lllC. 1560 ORANGE AVENUE, SUITE 700 WINTER PARK, FL 32789 (TITLE) , , " ACCT. NO. DATE: 376C1290 APPLICATION FOR PAYMENT PAGE 2 OF 5 . .... . / if - I ! . Agenda Item No.: AGENDA REQUEST Date: 1/23/91 Request to be placed on:' xxx Regular Agenda Special Agenda Workshop Agenda When: , 12'l I'll Description of agenda item (who, what, where, how much): ReQ.uest City Commission to approve final payment for Widell Assoc., Inc. in the amount of $?Oq,qR1_~q. Project: Water Treatment Plant Expansion. P.O. #017642 Public Utilities No qO-lq Funding source: Acct #441-5162-536-60.76. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff request approval for final payment to Widell Associates, Inc. in the amount of $209,983.59 j.- ~.~_._. -~. - ._. ~.,.~, Department Head Signature: $e/~ /' Determination of Consistency with Comprehensive Plan: "f' City Attorney Review/ Recommendation (if applicable): Budget Di~J.or ~eVie~(~quired on all iteas involving expenditure of funds): . ,'~~ I ~~ 'I Funding available: X-E-S/ NO Funding alternatives:- (if applicable) Account No. & Descri,tion: 441-5162-536-60.76 Wl$ P'I ~~ · Account Balance: ~1. 91.1. !t.1 " , City Manager Review: tJ"'~ lj~ '.bV @J NO IP1 ~' : Approved for agenda: . Hold Until: Agenda Coordinator Review: / Received: Action: Approved/Disapproved . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER l111 SUBJECT: AGENDA ITEM 4/: - MEETING OF JANUARY 29, 1991 RESOLUTION NO. 3-91 DATE: JANUARY 23, 1991 This is a Resolution assessing costs for abatement action required to board up an unsafe building on property located at 521 S.w. 9th Street. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $414.70 remains unpaid. Recommend approval of Resolution No. 3-91 assessing costs for boarding up an unsafe building at 521 S.W. 9th Street, Delray Beach. . --- ----,--- -- -------- --....- -~~----_.._-_.._-----_.- -------. -- ----,----- .--------- ----..---- -. ---- RESOLUTION NO. 3-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DEL RAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DEL RAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: >ltl . _.._-~~ --~- -~-~-_.__._- --~ .- - -------.. ~- ------, ~-- Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel (s) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same na ture and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30 ) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6 %) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30 ) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mai ling date of the notice of said assessment (s) , after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty ( 30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6 %, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1990. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 3-91 'lil .. . NOTICE OF ASSESSMENT Date TO: James Higgins ADDRESS: 495l Haverhill Common Circle #13. West Palm Beach. Fl 33417 PROPERTY: 521 SW 9th Street. D~lray B~ach. Fl 134'14 LEGAL DESCRIPTION: Lot 109 and thp W~~t ]0 fp~t of Lot ] ]0, nplr<lY Manor. Plat Book 12. Pagp ~9 of tnp offirial rprnrn~ nf Palm Rp<lrh r.nunty, Fl t the above- You, as the record owner ,of, or holder of an interest in, described property are hereby advised that a cost of $~1~ 70 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1990, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 11-28-90 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the deci~ion of the Building Official. x An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. '.111 .. . The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 12-8-90 at a cost of $414.70 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the B~ilding Official. BY ORDER OF THE CITY COMMISSION. City Clerk . . 'lLf M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf?/l SUBJECT: AGENDA ITEM 41= - MEETING OF JANUARY 29, 1991 RESOLUTION NO. 4-91 DATE: JANUARY 23, 1991 This is a Resolution assessing costs for abatement action required to demolish an unsafe building on property located at 712 Lake Ida Road. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $796.40 remains unpaid. Recommend approval of Resolution No. 4-91 assessing costs for demolishing an unsafe building at 712 Lake Ida Road, Delray Beach. .jll . -- "-~~-- ~ -- --------_._---- ----_._._~-- ---~-_._--~- ~- ----- --..------- RESOLUTION NO. 4-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsa fe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said 1and(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty ( 30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of De lray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 'HI . - - --------- -~-----~---- - -- Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcellsl of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Se;~ion 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner Is) of the property, as such ownership appears upon the records of the County Tax Assessor, notice Is) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment Is) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessmentls), after which a lien shall be placed on said property Is) , and interest shall accrue at the rate of six percent 16%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1990. MAY 0 R ATTEST: City Clerk - 2 - Res. No.4-91 'HI . NOTICE OF ASSESSMENT Date TO: Beatrice and Bobby Graham ADDRESS: 721 NW 4th St. Delray Beach. FI 33444 PROPERTY: 712 Lake Ida Road, Delray Beach, FI 33444 LEGAL DESCRIPTION: E50' of W175' of N160' of W1/2 of 51/2 of Lot 5 in Section 8-46-43 . ~ the above- You, as the record owner ,of, or holder of an interest in. described property are hereby advised that a cost of $796.40 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1990, has been leyied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 6-28-90 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were giyen written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. .~ . The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 12-18-90 at a cost of $796.4.0 which includes a ten percent (l01.) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the B~ilding Official. BY ORDER OF THE CITY COMMISSION. City Clerk . . "'I . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 RESOLUTION NO. 5-91 DATE: JANUARY 23, 1991 This is a Resolution assessing costs for abatement action required to board up an unsafe building on property located at 718 S.W. 4th Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $530.20 remains unpaid. Recommend approval of Resolution No. 5-91 assessing costs for boarding up an unsafe building at 718 S.w. 4th Avenue, Delray Beach. '1'1 ---~_._-----~---------- -------------- --.-- ----- . - - ---~-- ----- --- ---- - ---- ----- ~.~----- RESOLUTION NO. 5-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner (s) of the land (s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City COlll\l.ission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ---- --- ---- ------ .-- -------~----- -- -- .._---~~------ ---- ---- --- --- Section l. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30 ) days after the mailing date of the notice of said assessment(s) , after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1990. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 5-91 "0 . NOTICE OF ASSESSMENT Date TO: Mark and Maurice White ADDRESS: 718 SW 4th Avenue, Delray Beach, FI 33444 PROPERTY: 718 SW 4th Avenue, Delray Beach, FI 33444 LEGAL DESCRIPTION: Lot 2. Rosemont Villas Unit A. Plat Book 39. Pa2e 153 of the official records of Palm Beach County. Florida You, t the above- as the record owner,of, or holder of an interest in, described property are hereby advised that a cost of $~10.20 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1990, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 11-19-90 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. x An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. ,I~ . The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 11-23-90 at a cost of $530.20 which includes a ten percent (10%) administratiye fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the B~ilding Official. BY ORDER OF THE CITY COMMISSION. City Clerk . . t1'1 . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERfllv1 SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 RESOLUTION NO. 6-91 DATE: JANUARY 23, 1991 This is a Resolution assessing costs for abatement action required to prepare an unsafe building on property located at 1010 S.W. 7th Avenue for demolition. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $126.50 remains unpaid. Recommend approval of Resolution No. 6-91 assessing costs to prepare an unsafe building for demolition at 1010 S.W. 7th Avenue, Delray Beach. ;!'f ----------- - - ____ u_____ _______~____. -~-~---- -----~-----~~-_._.._--~----- .--- - - ---- --- RESOLUTION NO. 6-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD ING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsa fe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code of Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspe<;::ted said land (s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner (s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsa fe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty ( 30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: '-l~ . ----.--- Section l. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached here to and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty ( 30) days ~fter mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general cit 1'" C.~^";_~ . ..: thall be collectible in the same manner and with the same penalties and under the s arne provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty ( 30) days after the mailing date of the notice of said assessment(s) , after which a lien s ha 11 be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6% , and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1990. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 6-91 "'f . NOTICE OF ASSESSMENT Date TO: Espirio and Lile Gonzales ADDRESS: 82! SW 10th Avenue, Delray Beach, FI 33444 PROPERTY: 1010 SW 7th Avenue, Delray Beach, FI 33444 LEGAL DESCRIPTION: Lot 22, Block B, Ridgewood Heights according to Plat Book 14, Page 44 of the 'official records of Palm Beach County, FI . You, as the record owner,of, ~ or holder of an interest in, the above- described property are hereby advised that a cost of $126.50 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1990, h~~ been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 8-13-90 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on I . The Board of Construction upheld the decision of the Building Official. An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. ~ ,. . . The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 9-17-90 at a cost of $126.50 whirih includis a ten percent (107.) administrative fee. If you fail. to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the B~ilding Official. BY ORDER OF THE CITY COMMISSION. City Clerk . . I <HI 1;1-' . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt'JI/ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 RESOLUTION NO. 7-91 DATE: JANUARY 23, 1991 This is a Resolution assessing costs for abatement action required to demolish an unsafe building on property at 110 S. w. 12th Avenue. The Resolution sets forth the actual costs incurred and provides the mechanism to attach a lien on this property in the event the assessment of $4,271.30 remains unpaid. Recommend approval of Resolution No. 7-91 assessing costs for demolishing an unsafe building at 110 S. w. 12th Avenue, Delray Beach. ')'1 ~- -. -""-- ----... - --------- -- --_._---~-~-_.~---- RESOLUTION NO. 7-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Chapter 165, of the Code of Ordinances, declared the existence of an unsa fe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord- inances; and, WHEREAS, pursuant to Chapter 165, of the Code 0 f Ordinances of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner (s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly un sa fe and is considered a hazard to life and public welfare pursuant to Chapter 165, of the Code of Ordinances describing the nature of the violations and sent notices that the build- ing was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30 ) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Chapter 165 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Section 165.41 the Build- ing Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of De lray Beach has, pursuant to Section 165.42 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 165, of the Code of Ordinances desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: .hl - -,--- - .---- ---------. ------ -- -'--'--' - -- -. - -- . .---=-----=--~----~------- ---_._--~ -----..- Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcells) of land described in said report and in the amount(s) indi- cated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 165.42 become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as th., 1" ............ for general city taxes and shall be collectible in the same manner an" with the same penalties and under the same provisions as to sale an.4 foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid an.4 binding obligations upon the property against which said assessments arp levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediatelY ma11 by certified mail, postage prepaid, return receipt requested, to the owner (s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assess- ment against said property for the cost of abatement action regarding an unsafe building by the thirty ( 30) days after the mai ling date of said notice of assessment, after which a lien shall be placed on said proper- ty, and interest will accrue at the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty ( 30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6% ) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been re- ceived by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certi- fied copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1990. MAY 0 R ATTEST: City Clerk - 2 - Res. No.7-91 -1'1 . NOTICE OF ASSESSMENT Date TO: Charles F. Ridley ADDRESS: 137 S~ 12th Avenue, Delray Beach, Fl 33444 PROPERTY: 110 SW 12th Avenue, Delray Beach, Fl 33444 LEGAL DESCRIPTION: Lots 14,15 and 16, Block 3, Atlantic Park Gardens according to Plat Book 14, Page 56 of the official records of Palm Beach County, Fl . ~ You, as the record owner,of, or holder of an intsrest in, the above- described property are hereby advised that a cost of 4,271.30by resolution of the City Commission of the City of Delray Beach, Florida, dated , 1990, has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given notice on 5-31-90 that the Building Official has determined that a building located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated on an emergency basis by the City. x You failed to appeal the decision of the Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the Building Official. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Building Official. An emergency action was undertaken at the above described property to remove an unsafe condition. An appeal was not received 30 days after the action was taken although you may still have an appeal right as to the cost of the action. 'N . . The City of Delray Beach_has therefore taken remedial action i~ ri~09~ the unsafe condition existing on the above-described property on - - at a cost of$4,271.30 which includes a ten percent (107.) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the B~ilding Official. BY ORDER OF THE CITY COMMISSION. City Clerk . . ,~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERM SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 RESOLUTION NO. 8-91 DATE: JANUARY 23, 1991 This is a Resolution assessing costs for abatement action required to remove nuisances on forty-five (45) properties throughout 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. 8-91 assessing costs for abating nuisances on forty-five ( 45) properties throughout the City. 'HI ---------~---- -~-- .-- --.- _. n. --- - ..---- ------- RESOLUTION NO. 8-91 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereo f , 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 'I 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 lim its , prescribed in said notice and Chapter 100 of the Code of Ordinances, or Ii if the property owner(s) did request and receive a hearing, said prop- i: erty owner (s) failed and/or neglected to abate such nuisance(s) within !; Ii the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, 'I II WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was :J therefore required to and did enter upon the land(s) described in the II list attached and made a part hereof and incurred costs in abating the !I 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 Conunission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances des~res to assess the cost of said nu~sance(s) against said property owner(s , '1'1 ---.-..-. .~.,_. -------~~- 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 De1ray 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 wi thin thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcells) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment (s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1991. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 8-91 "'I COST OF ABATING NUISANCES UNDER CHAPTER Ion OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 11, BLOCK 19, TOWN OF LILLIAN D. ROLLE $ 37.50 DELRAY, (MELVIN S. BURD SUB.) 137 NW 6TH AVENUE 25.00 (ADM. COST) PB 1l, P 73, PUBLIC RECORDS, DELRAY BEACH, FL. 33444 ( RECORDING) PALM BEACH COUNTY, FL. (NW 6TH AVENUE) LOT 12, BLOCK 19, TOWN OF LILLIAN D. ROLLE $ 37.50 DELRAY, (MELVIN S. BURD SUB.) 137 NW 6TH AVENUE 25.00 (ADM. COST) PB ll, P 73, PUBLIC RECORDS, DELRAY BEACH, FL. 33444 ( RECORDING) PALM BEACH COUNTY, FL. (NW 6TH AVENUE) S50' OF N200' OF W120' OF EDWIN C. IVY $ 70.00 BLK 25, TOWN OF DELRAY, PB 5, 519 SW 15TH TERRACE 50.00 (ADM. COST) P 2, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444 (RECORDING) BEACH COUNTY, FL. (NW 5TH AVENUE) S50' OF N250' OF Wl35' OF BLK GERALD C. MEITZ $ 45.00 33, TOWN OF DELRAY, PB l, P 3, RT. 1 BOX 160 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH ZOLFO SPRINGS, FL 33890 ( RECORDING) COUNTY, FL. (NW 4TH AVENUE) LOTS lO TO 16 INC., BLK 15, WILLIE WRIGHT $ 75.00 TOWN OF DELRAY, PB 13, P 18, 106 NW 12TH AVENUE 50.00 (AD M. COST) PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444 (RECORDING) COUNTY, FL. (217-219 SW 7TH AVENUE) LOT 16, BLK 103, TOWN OF FARRELL W. & NANCYE K. $ 55.00 DELRAY, PB 2, P 19, PUBLIC CURRAN, (H & W) 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, 233 SE 4TH AVENUE (RECORDING) FL. DELRAY BEACH, FL. 33483 (233 SE 4TH AVENUE) N70' OF E136' OF BLK 71, TOWN WILBERT H. & GLORIA D. $ 15.00 OF DELRAY, PB 1, P 3, PUBLIC JONES/CLAYTON N. JONES 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, 20 SE 2ND STREET (RECORDING) FL. DELRAY BEACH, FL. 33444 (20-22 SE 2ND STREET) S67.1' OF W130' OF N142.1' OF WILLIE L. & ERMA J. $175.00 S 1/2 OF BLK 12, PB l, P 3, WRIGHT (HUSBAND & WIFE) 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 106 NW 12TH AVENUE (RECORDING) COUNTY, FL. DELRAY BEACH, FL. 33444 (NW 7TH AVENUE) -3- Res. No. 8-91 ,," N37.5' OF E130.44' OF W155. 44 ' SHEDRICK & LONNIE FASHAW $ 35.00 OF S 1/2 OF BLK 12, TOWN OF SEMMIE & DORIS TAYLOR 50.00 (ADM. COST) DELRAY, PB 1, P 3, PUBLIC 221 S. COUNTRY CLUB BLVD. (RECORDING) RECORDS, PALM BEACH COUNTY, BOCA RATON, FL. 33431 FL. (NW 7TH AVENUE) LOTS 1 TO 12 INC., BLK 82, JANE MAGUIRE $ 75.00 TOWN OF DELRAY, PB 12, P 30, C/O JAMES A. MAGUIRE,JR. 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH 1 LOCK LEE (RECORDING) COUNTY, FL. WILLIAMSVILLE, NY l4221 (233 NE 2ND AVENUE) LO T 1, B LK 2 2 , TOWN OF DEL RAY , RENDA THOMAS $ 35.00 PB 10, P 38, PUBLIC RECORDS, 3137 SHERWOOD BLVD. 50.00 (ADM. COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 ( RECORDING) (SW 6TH AVE. & SW 1ST ST.) W50' OF S150' OF BLK 18, TOWN LONNIE & PHYLLIS DURHAM $ 50.00 OF DELRAY, PB 1, P 3, PUBLIC (HUSB&~D AND WIFE) 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, FL. 521 NW 2ND STREET (RECORDING) (521 NW 2ND STREET) DELRAY BEACH, FL. 33444 LOT 7, BLK 61, (OLD SCHOOL KENNETH & CHARLOTTE G. $ 60.00 SQUARE HISTORIC DISTRICT), DURANTE (HUSBAND & WIFE) 50.00 (ADM. COST) TOWN OF DEL RAY , PB.1, P 3, 2160 W. ATLANTIC AVENUE (RECORDING) PUBLIC RECORDS, PALM BEACH SUITE 100 COUNTY, FL. DELRAY BEACH, FL. 33445 (23 SW 1ST AVENUE) S5' OF LOT 2 & N33.25' OF JOSIE B. WILSON $ 55.00 LOT 3, BLK 30, TOWN OF DELRAY, 115 SW 5TH AVENUE 50.00 (ADM. COST) PB 1, P 3, PUBLIC RECORDS, P.O. BOX 394 (RECORDING) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33447 (115 SW 5TH AVENUE) LOT 3, BLK 47, TOWN OF DELRAY, ROBERT G.& PATRICIA ALLEN $ 75.00 PB 12, P 81, PUBLIC RECORDS, 206 SW 2ND AVENUE 50.00 (ADM. COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 (RECORDING) (206 SW 2ND AVENUE) LOT 16, BLK 35, TOWN OF DELRAY, GRACE BARNETT $ 60.00 PB 1, P 3, PUBLIC RECORDS, 1401 39TH STREET 50.00 (ADM. COST) PALM BEACH COUNTY, FL. W. PALM BEACH, FL. 33407 (RECORDING) (NW 1ST ST & NW 4TH AVE) W 1/2 OF LOT 7, BLK 30, TOWN ALBERT MARTIN $ 90.00 OF DELRAY, PB 1, P 3, PUBLIC MARYLIN S. BARON 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, P.O. BOX 41-4002 (RECORDING) FL. MIAMI BEACH, FL. 33141 (SW 5TH AVENUE) -4- Re s . No. 8-91 "'1 LOT 57, BLK 32, DEL RATON PARK, IRA LANG/HAROLD SCHLANGER $ 15.00 P.B. 6, P 97, PUBLIC RECORDS, C/O G. KEHRES 14.50 (ADM. COST) PALM BEACH COUNTY, FL. P.O. BOX 1298 (RECORDING) (AVENUE L) BOCA RATON, FL 33429 LOT 58, BLK 32, DEL RATON PARK, IRA LANG/HAROLD SCHLANGER $ 15.00 PB 6, P 97, PUBLIC RECORDS, C/O G KEHRES 14.50 (ADM. COST) PALM BEACH COUNTY, FL. P. O. BOX 1298 (RECORDING) (AVENUE L) BOCA RATON, FL. 33429 LOT 15, BLK 95, LINN'S ADD TO GABE & CYNTHIA BANFI $ 40.00 OSCEOLA PARK, DELRAY, PB 1, (HUSBAND & WIFE) 50.00 (ADM. COST) P 133, PUBLIC RECORDS, PALM C/O BANFI REALTY (RECORDING) BEACH COUNTY, FL. 807 NE 8TH STREET (210 SE 4TH AVENUE) DELRAY BEACH, FL. 33483 LOT 17, BLK 95, LINN'S ADD TO LAWRENCE L & LILLIE W. $ 35.00 OSCEOLA PARK, DELRAY, PB 1, PARKER (H&W) 50.00 ( AD M . COST) P 133, PUBLIC RECORDS, PALM 730 E CHATELAINE BLVD. (RECORDING) BEACH COUNTY, FL. DELRAY BEACH, FL. 33445 (218-220 SE 4TH AVENUE) LOT 1, CLINTON & MORGAN SUB., RUBIN CLINTON III $ 37.50 PUBLIC RECORDS, PALM BEACH FRANCINE S. CLINTON 25.00 (ADM. COST) COUNTY, FL. 1517 SW 3RD COURT (RECORDING) (NW 5TH AVENUE) DELRAY BEACH, FL 33444 LOT 2, CLINTON & MORGAN SUB., RUBIN CLINTON III $ 37.50 PUBLIC RECORDS, PALM BEACH FRANCINE S. CLINTON 25.00 (ADM. COST) COUNTY, FL. 1517 SW 3RD COURT (RECORDING) (NW 5TH AVENUE) DELRAY BEACH, FL. 33444 LOT 2/LESS RD R/W, BLK A, ROBERT M. SWEENEY $ 45.00 DRINKWATERS ADD., PB 2, P 80, 225 NE 2ND CIRCLE 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH BOCA RATON, FL. 33431 (RECORDING) COUNTY, FL. (466 NE 5TH AVENUE) LOT 27, BLK 5, SOUTHRIDGE, TIITF/STATE OF FLORIDA $ 54.16 PB 13, P 38, PUBLIC RECORDS, FORMER MURPHY ACT LAND 8.33 (ADM. COST) PALM BEACH COUNTY, FL. 3900 COMMONWEALTH BLVD. (RECORDING) (SW 8TH AVENUE) TALLAHASSEE, FL. 32399 LOT 28, BLK 5, SOUTHRIDGE, TIITF/STATE OF FLORIDA $ 54.16 PB 13, P 38, PUBLIC RECORDS, FORMER MURPHY ACT LAND 8.33 (ADM. COST) PALM BEACH COUNTY, FL. 3900 COMMONWEALTH BLVD. (RECORDING) (SW 8TH AVENUE) TALLAHASSEE, FL. 32399 PT OF LOT 9, DESC. AS BEGIN AT GENEVIE E. LEDBETTER TR $100.00 PT 136.95' NE'LY OF SW CORNER 2515 OCEANVIEW AVENUE 50.00 (ADM. COST) OF LOT 9, TH NE'LY ALONG CURVE DELRAY BEACH, FL. 33444 (RECORDING) 86.11', E6 8 . 75 ' , S100', W72' NW'LY TO POB, ESQUIRE SUB., PB 23, P 43, PUBLIC RECORDS PALM BEACH COUNTY, FL. (GERMANTOWN RD & SW 10TH ST) -5- Re s. No. 8-91 01'1 . W 1/2 OF LOT 12, A.J. JOHNSON ANTONY FOSTER $ 60.00 SUB. , PB 20, P 57, PUBLIC LAURA W. STEPHENS 50.00 (ADH. COST) RECORDS, PALM BEACH COUNTY, 100 W 93RD STREET #9E (RECORDING) FL. NEW YORK, NY 10025 (NW 1ST STREET) LOT 13, BLK 3, ROSEMONT HARRY B. HAGWOOD $ 65.00 GARDENS, UNIT B, PB 29, P lOI, 915 NORTHWOOD DRIVE 50.00 (AD M. COST) PUBLIC RECORDS, PALM BEACH LAKE PARK, FL. 33403 (RECORDING) COUNTY, FL. (502 SW 6TH AVENUE) LOT 5, BLK 122, WELLBROCK SUB., GRS PENSION TRUST, INC. $125.00 PB 24, P 219, PUBLIC RECORDS, P.O. BOX 3141 50.00 (ADM. COST) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33447 (RECORDING) (227 NE 7TH AVENUE) LOTS 22 & 23, BLK 95, LINN'S DOUGLAS J. CLARK $ 55.00 ADD TO OSCEOLA PARK, DELRAY, F. & ELISABETH HOFFMAN 50.00 (ADM. COST) PB 1, P 133, PUBLIC RECORDS, 910 N. SWINTON AVENUE ( RECORD ING) PALM BEACH COUNTY, FL. DELRAY BEACH, FL. 33444 (238 SE 4TH AVENUE) LOT 10, BLK 6, OSCEOLA PARK, JEAN DORSAINVIL,M.ST.FLEUR $45.00 PB 3, P 2, PUBLIC RECORDS, & ISENOLIE DORSAINVIL 50.00 (ADM. COST) PALM BEACH COUNTY, FL. 502 SE 3RD AVENUE (RECORDING) (502 SE 3RD AVENUE) DELRAY BEACH, FL. 33483 LOTS 1 & 2, BLK 4, OSCEOLA ROBERT A. KINNEL $ 25.00 PARK, PB 3, P 2, PUBLIC CARRIE L. JOHNSON 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, 32 SW 5TH AVENUE (RECORDING) FL. DELRAY BEACH, FL. 33444 (302 SE 4TH STREET) LOTS 23 & 24, BLK 6, SILVER BERNARD W. EVERETT $ 17.50 TERRACE, PB 11, P 61, PUBLIC JEAN M. EVERETT 25.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, 309 NW 4TH STREET (RECORDING) FL. OKEECHOBEE, FL. 34972 (200 SE 10TH STREET) LOT 25, BLK 6, SILVER TERRACE, BERNARD W. EVERETT $ 17.50 PB 1l, P 61, PUBLIC RECORDS, JEAN M. EVERETT 25.00 (ADM. COST) PALM BEACH COUNTY, FL. 309 NW 4TH STREET (RECORDING) (1005 MIAMI BLVD.) OKEECHOBEE, FL. 34972 LOT 55, BLK 32, DEL RATON IRA LANG $ 15.00 PARK, PB 6, P 97, PUBLIC HAROLD SCHLANGER 14.50 (ADM. COST) RECORDS, PALM BEACH COUNTY, C/O G. KEHRES (RECORDING) FL. P.O. BOX 1298 (AVENUE L) BOCA RATON, FL. 33429 LOT 56, BLK 32, DEL RATON IRA LANG $ 15.00 PARK, PB 6, P 97, PUBLIC HAROLD SCHLANGER 14.50 (ADM. COST) RECORDS, PALM BEACH COUNTY, C/O G. KEHRES (RECORDING) FL. (AVENUE L) P.O. BOX 1298 BOCA RATON, FL. 33429 - 6 - Res. No. 8-91 . . . OCEAN CAY OF DELRAY ALL OF TWO-TWENTY-TWO DELRAY $250.00 PLAT, PB 50, P 59, PUBLIC PROPERTIES INC. 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, 6550 N. OCEAN BLVD. #7 (RECORDING) FL. OCEAN RIDGE, FL. 33435 (218 N OCEAN BLVD.) LOTS 2 & 3, BLK 8, OSCEOLA PRESTON V. WILLIAMS $ 90.00 PARK, PB 3, P 2, PUBLIC SARAH WILLIAMS 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, 1119 W 26TH STREET (RECORDING) FL. RIVIERA BEACH, FL. 33404 (706-712 SE 4TH AVENUE) LOT 11, BLK 10, ATLANTIC J.H. & WILLA M. NIXON $ 25.00 GARDENS, DELRAY, PB 14, P 63, (HUSBAND & WIFE) 50.00 (ADM. COST) PUBLIC RECORDS, PALM BEACH P.O. BOX 307 (RECORDING) COUNTY, FL. HAWTHORNE, FL. 32640 (241-243 SW 11TH AVENUE) LOT 36, DELRAY MANOR ADD. TO LEON & APRIL L. HUMPHREY $ 50.00 DELRAY, PB 12, P 59, PUBLIC (HUSBAND & WIFE) 50.00 (ADM. COST) RECORDS, PALM BEACH COUNTY, 602 SW 9TH COURT (RECORDING) FL. DELRAY BEACH, FL. 33444 (602 SW 9TH COURT) LOT 23, BLK 5, SOUTHRIDGE, TIITF/STATE OF FLORIDA $ 54.20 PB 13, P 38, PUBLIC RECORDS, FORMER MURPHY ACT LAND 8.35 (ADM. COST) PALM BEACH COUNTY, FL. 3900 COMMONWEALTH BLVD. (RECORDING) (SW 8TH AVENUE) TALLAHASSEE, FL. 32399 LOT 24, BLK 5, SOUTHRIDGE, TIITF/STATE OF FLORIDA $ 54.16 PB 13, P 38, PUBLIC RECORDS, FORMER MURPHY ACT LAND 8.33 (ADM. COST) PALM BEACH COUNTY, FL. 3900 COMMONWEALTH BLVD. (RECORDING) (SW 8TH AVENUE) TALLAHASSEE, FL. 32399 LOT 25, BLK 5, SOUTHRIDGE, TIITF/STATE OF FLORIDA $ 54.16 PB 13, P 38, PUBLIC RECORDS, FORMER MURPHY ACT LAND 8.33 (ADM. COST) PALM BEACH COUNTY, FL. 3900 COMMONWEALTH BLVD. (RECORDING) (SW 8TH AVENUE) TALLAHASSEE, FL. 32399 LOT 26, BLK 5, SOUTHRIDGE, TIITF/STATE OF FLORIDA $ 54.16 PB 13, P 38, PUBLIC RECORDS, FORMER MURPHY ACT LAND 8.33 (ADM. COST) PALM BEACH COUNTY, FL. 3900 COMMONWEALTH BLVD. (RECORDING) (SW 8TH AVENUE) TALLAHASSEE, FL. 32399 VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. - 7 - Res. No. 8-9l 'hi . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER V~ SUBJECT: AGENDA ITEM ~ - MEETING OF JANUARY 29, 1991 RESOLUTION NO. 9-91/RAILROAD REIMBURSEMENT AGREEMENT DATE: January 25, 1991 This is a Resolution and tri-party agreement between the City, Florida Department of Transportation ( F DOT) , and Florida East Coast Railway Company (FEC), which provides for the construction of a railroad crossing at S.E. 10th Street. Upon completion of the crossing, FEC shall be responsible for the maintenance cost of all track bed and rail components, plus the highway roadbed within the crossing area. The City will be responsible for maintenance of the highway road bed outside of the railway ties. Staff has estimated that we would not be subject to any maintenance responsibilities for approximately five ( 5 ) years. This agreement also provides for the installation of grade crossing and traffic control devices. Maintenance of these devices would be shared equally between the City and FEC. Pursuant to the agreement the City's annual maintenance cost would be $480. It should also be noted that, the ownership of this crossing is currently being investigated. It is not clear whether the City or County is responsible for this section of crossing. However, as this is a grant funding project, which calls for the expenditure of funds by a date certain, it is recommended that we enter into this agreement. Maintenance responsibility can be transferred at a later date, if necessary. Recommend approval of Resolution No. 9-91 and the railroad reimbursement agreement between the City, Florida Department of Transportation and Florida East Coast Railroad, subject to possible transfer to the County. ." [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 310 S.E. 1 st STREET, SUITE 4 . DELRA Y BEACH. FLORIDA 33483 407/243-7090 . TELECOPIER 407/278-4755 MEMORANDUM Date: January 24, 1991 To: City Commission From: Susan A. Ruby, Assistant City Attorney Subject: Railroad Reimbursement Agreement Between the City, the Department of Transportation and Florida East Coast Railroad The Department of Transportation has Federal Grant Funds to construct a Railroad Crossing at S.E. 10th Street. Upon completion of the crossing, Florida East Coast (FEC) Railroad shall be responsible for the maintenance costs of all track bed and rail components plus the highway roadbed and surface within the width of the rail ties within the crossing area. Thereafter, the City shall be responsible for maintenance of the highway road bed outside of the railway ties. It is not anticipated that the City will be subject to any maintenance responsibilities for approximately five ( 5 ) years. The agreement requires that the FEC install grade crossings and traffic control devices. After installation of the grade crossing and traffic control devices, 50% of the maintenance cost of the traffic control devices shall be borne by the City and 50% by FEC Railway. Pursuant to the contract, the City's annual maintenance cost would be $480.00. This agreement is similar to other agreements entered into for the maintenance and construction of other railroad crossings throughout the City. There has been some delay in the consideration of this reimbursement agreement because there has been a dispute as to whether the County or the City is responsible for this particular section of the crossing. The Engineering Department has entered into discussions with the County to resolve this matter, however, the resolution of the ownership issues and possible take over by the County of this particular crossing will not be resolved in the time frame necessary for the expenditure of grant funds. Therefore, it is the opinion of the City Engineer and the City Administration that the City should enter into this agreement with the knowledge that future maintenance responsibilities may be assigned to the County at a later time. FORM 725-09~25-a REPLACES 722-38 10/88 PAGE 2 of fl ' 3. It Is further agreed mutually between the parties hereto that the grade crossing as recognized by this Agreement: I I (a) Is adequately signalized for the safe operation of the general public. However should future highway traffic conditions warrant additional crossing traffic control devices through use of automatic grade crossing traffic control devices, incluqing signals with or without gates, or grade separation structure(s); then, such additio~al traffic control devices and/ or structure(s) will be installed as necessary at the complete:cost and expense of the CITY. IT IS EXPRESSLY UNDERSTOOD AND AGREED that once a determination has been ma,de as to the type of facility to be installeCl, whether sign'als ,or structure, such installation will be the subject of a supplemental agreement which will set forth th~ - . maintenance responsibility as governed by the applicablE~~State and/or Federer policY at the time of stich i1'1'stallation:' ,'. ;' . , , , ' X (b) Presently requires the installation of grade crossing traffic control devices and the DEPARTMENT agrees to pay such cost subject to the COMPANY'S participation as specified in Paragraph 13; such installation to be in ac~ordance with plans and ,.- specifications as approved by the DEPARTMENT. The COMPANY shall furnish the necessary materials and install automatic grade crossing signals and/or traffic control devices at said location on an actual cost basis, and in accordance with the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and by reference made a p~rt hereof. After installation of said signals is completed, fifty (50) percent of the expense thereof in maintaining the same shall be borne by the CITY ~nd fifty (50) percent shall be borne by the COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing Traffic Control Devices attached hereto and by this reference made a part hereof. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or successors or assigns shallqperate the said signals at said grade crossing; or until it Is agreed between the parties hereto that the signals are no longer necessary; or until the said crossing is abandoned; or legal requirements occur which shall cease operation of signals thereat. The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the COMPANY, but at the expense of the party initiating such relocation. Upon relocation the maintenance responsibilities shall be in accordance with the provisions of this agreement. 4. All work contemplated hereunder shall at all times be subject to the approval of the COMPANY'S Chief Engineer or his authorized representative. The DEPARTMENT, or DEPARTMENT'S contractor, shall give the COMPANY'S Division Engineer and/or Superintendent at least seventy-two (72) hours notice prior to the performance of any work within the limits of the COMPANY'S right-of-way: .. '. 5. Unless otherwise agreed upon herein. the CITY agrees to insure that at the crossing Jhe advance warning signs and railroad crossing pavement marking will conform to the MUTCD within 30 days of notification that the railroad signal improvements have been completed and that such signs and pavement markings will be continually maintained at an acceptable level. 6. The DEPARTMENT will reimburse the COMPANY for the cost of watchman or flagging service when the DEPARTMENT'S contractor is carrying out work adjacent to the COMPANY'S tracks and whenever the contractor is performing work requiring the movement of employees, trucks, or other equipment across the tracks of the COMPANY, or when at other times the COMPANY and the DEPARTMENT shall agree that such a service is necessary. Such costs shall be accrued and billed directly to the DEPARTMENT as specified in Paragraph 9. , ..'....~1 .~ .'~ ..:. f.;....,j . FORM f25-Q9()-2S-. , REPLACES 722-31 10111 . ""01:301. 7. The DEPARTMENT will require Its contractor to furnish Railroad Protective Public Liability and RallrQad Protective Property Damage Liability Insurance In a combined amount of $2,000,000.00 dollars, for all personal Injuries, death, or property damage, per occurrence arising during the policy period. The maxlmum dollar amounts of coverage to be reimbursed from Federal funds, with respect to bodily Injury, death, and property damage, Is Iimited~to a combined amount of $6,000,000.00 per occurrence unless approval for larger amount by the FHWA Division Administrator Is made a part of this Agreement. The DEPARTMENT will also require Its contractor to furnish the COMPANY a Certlficat'e of Insurance showing that the contractor carries liability Insurance (applicable to the job in question) In the amount of $2,000,000.00 for all personal Injuries, death, or property damage, per occurrence arising during the policy period. Such Insurance is to conform with the requirements of the U.S. Department of Transportation, Federal Highway Administration, Federal-Aid Highway Program Manual, Volume 6, Chapter 6. Section 2, Subsection 2, Transmlt~al 350 dated October 1, 1982, and any supple~ents thereto or revisions thereof. 8. The DEPARTMENT will bear the cost of all temporary and permanent changes made necessary in the COMPANY'S signal wire line or other facilities and In the wire line facilities of any utility that has compensable Interest on the COMPANY'S right-of-way occasioned by the construction of said crossing , the occupancy of the COMPANY'S property. provided such costs are accrued as specified In Paragraph 1 8. 9. The COMPANY hereby agrees to install and/or adjust the necessary parts of Its facilities along said Road In accordance with the provisions set forth in the: (a) Department Procedure 132-046 "Reimbursement for Utility and Railroad Relocation," dated October 1, 1973, and Rule 014-46.002 "Responsibility for the Cost of Railroad/Highway Crossings," Florida Administrative Code dated February 3, 1971, . . . . x (b) Federal Highway Administration Federal Aid Highway Program Manual Volume 1, Chapter 4, Section 3, dated August 5, 1975; .and Volume 6. Chapter 6, Section 2, Subsection 1, dated April 24. 1984, and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees to do all of such work with Its own forces or by a contractor paid under a contract let by the COMPANY. all under the supervision and approval of the DEPARTMENT and the Federal Highway Ad~lrylstratlon, when applicable. 10. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs Incurred by it In the adjustment of said facilities, in accordance with the provisions of the above indicated Reimbursement Polley. and any supplements thereto or revIsions thereof. It Is understood and agreed by and between the parties hereto that preliminary engineering costs not Incorporated within this agreement shall not be subject to payment by the DEPARTMENT. ! 11. Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the cost thereof In the amount of $ 132,809.00 . All work performed by the COMPANY pursuant hereto. shall be performed according to these plans and specifications as approved by the DEPARTMENT, and the Federal Highway Administration of federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Administration, when applicable. )AM 72S-09Q-25-a ~PLACES 722-38 \188 ',OE4018 12. All labor, services, materials and equipment furnished by the COMPANY In carrying out the work :> be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records s to the costs of contract bid items and force account items performed fo~ the COMPANY shall also e furnished by the COMPANY to the DEPARTMENT. 13. The COMPANY has determined that the method to be used in (feveloplng the relocation or 'lstallation cost shall be as specified for the method checked and described hereafter; X (a) Actual and related indirect costs accumulated In accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body.' (b) Actual and related indirect costs accumulated hi accordance'with an established accounting procedure developed by the COMPANY and approv~d by the DEPARTMENT. (c) An agreed lump sum of $ . as supported by a detail analysis .. of estimated cost attached hereto. (NOTE; Th-ls method Is not applicable where the estimated cost of the proposed adjustment exceeds $100.000.) 14. The installation and/or adjustment of the COMPANY'S facility as planned (>>JGJIX- will not) involve ,dditional work over and above the minimum reimbursable requirements of the DEPARTMENT. (tf , fpgrading and/or nonreimbursable work is involved at the option of the COMPANY. then credit against :1e cost of the project is required and will be governed by the method checked and described hereafter): NjA (a) % will be applied to the final billing of work actually accomplished to determine required credit for (betterment) and/or (expired service life) and/or (non- reimbursable segments). 1 N/A (b) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be . The COMPANY further agrees to clearly identify such additional work areas in the COMPANY's plans and estimates for the total work covered by this Agreement. NjA (c) $ credited for (betterment) and/or (expired service life) and/ or (nonreimbursable segments) in accord with Article 13.(c) herein above. 15. It is specifically agreed by and between the DEPARTMENT and the COMPANY that' the )EPAATMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY IS a result of the above adjustment work. 16. It is further agreed that the cost of all improvements made during this adjustment work shall >e borne by the COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as 'epresents the cost of adjustment of previously existing facility, less salvage credit as set forth in the mmediately preceding paragraph. . '... H;I - fO~M 725-000-25-. IIEPlACES 72~38 10/88 PAGE 5 of II 17. -Upon completion of the work the COMPANY shall, within one hundred eighty (180) days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate attached hereto. The totals for labor, overhe~d, travel expense, transportation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of. cost in the relocatjon following the pattern set I out in the approved estimate as closely as is possible. Salvage credits from recovered and replace permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or rlght-ot-way items are involved, the date on which the earliest item of billed expense was Incurred; the date on which the last work was performed or the last item of billed expense was Incurred; and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provision of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approvedby the DEPARTMENT'S auditor. 18. Should the use of said Crossing be abandoned, due to the removal of the roadway, then all rights hereby granted to the CITY shall thereupon cease and terminate and the CITY will, as its sole cost and in a manner satisfactory to the COMPANY, remove said Crossing and restore the COMPANY'S property to the condition previously found, providing that the COMPANY may, at its option, remove the said Crossing and restore its property, and the CITY will, in such event, upon bill rendered, pay to the COMPANY the entire cost incurred by it in such removal and restoration, provided such costs are accrued as specified In Paragraph 9. 19. The COMPANY' covenants and agrees that it will indemnify and hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and employees from any claim, loss, damage, cost charge or expense arising out of any act, action, neglect, omission or delay by the COMPANY during the Jerformance of the contract, whether direct or indirect, and whether to any person or property to which he DEPARTMENT or said. parties may be subject, except that neither the COMPANY nor any of its wb-contractors will be liable under this section for damages arising out of injury or damage to persons )r property directly caused or resulting from the sole negligence of the DEPARTMENT or any ot its )ffjcers, agents or employees. 1 FOAM 125-09o-25-h . REPLACES 122-38 10/88 Paga II of 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed. the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION . BY: Dlstrlct Secretary (SEAL) .. , ATTEST: . Secretary , . COMPANY: FLORIDA EAST COAST RAILWAY COMPANY BY: (SEAL) - ATTEST: 1 CITY OF , FLORIDA BY: (SEAL) (Title: ) ATTEST: . - Approved as to Form, Legality Approved as to Funds Approved as to FHPM and Execution Available Requirements - . . .. BY: BY: BY: --- Attorney - DOT Date Fiscal-DOT Date FHWA Date - ,I,' '.. "~: ' ~." .': ' , ,.\ '. ' ~- " "'. ",". FOAM 725,OgO,5~," 8T ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REPLACES 722,71 OFFICI! OF PU8L1C TRANSPORT A110N 10/88 , CITY. RESOLUTION Pig. 1 0'. I GRADE CROSSING AND CROSSING TR~F:FIC ~ONTROL DEVICES, FUTURE RESPONSIBILITY COUNTY SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & AIW NUMBER FAP NUMBER i I 93 000 6949 S.S 10th ,ST. PALM BEACH l(SIG-R) RRP-000S(382) I A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTROL DEVICES FOR RAILROAD GRADE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID CROSSINGS AND DEVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. RESOLUTION NO. ON MOTION OF Commissioner (Councilman) , seconded by Commissioner (Councilman) 1 , the following .Resolutin was adopted: WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or otherwise changing a portion of the Public Road System,'W~~ AT S.W. 10th STREET a'M , which shall call for the Installation and maintenance of railroad grade crossing traffic control devices for railroad grade crossing over or near said highway; ,.. and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF , FLORIDA: ,- That the City of DELRAY BEACH enter into a RAILROAD REIMBURSEMENT ~GREEMENT with the State of Florida Department of Transportation and the FEe Company for the installation and maintenance of certain grade crossings and traffic control devices for grade crossings designated as Job No. 93000-6949 on S.W. 10th STREET which crosses the right-of-way and tracks of the Company at FDOT/AAR Crossing No. 272495-0 located near DELRAY BEACH Florida; and That the' City assume'lts share o'f the, costs for f!Jture maintenance' and adjustment of said grade , . crossing traffic control devices as designated In the RAILROAD REIMBURSEMENT AGREEMENT; and That the Mayor and City Clerk be authorized to enter into such agreements with the State of Florida Department of Transportation and the FLORIDA EAST COAST RAILWAY Company as herein described; and That this RESOLUTION shall take effect immediately upon adoption. . . .. INTRODUCED AND PASSED by the City Commission of the City of Florida. in regular session, this day of _ ,19 Mayor - Comml..loner ATTEST: City Audltor.and Clerk ,III FOAM 725.0;0.0'.. AEPl"eE8 722.43 10'''. PAOE 1 0' 1 STATE OF FLORIDA DEPARTMe:N.T Of' TRANSPORTATION OFFICE OF PUBLIC TRANSPORTATION WORK DESCRIPTION GRADE CROSSING RESURFACING COUNTY SECTION JOB NUMBER ROAD NAME OR NUMBER COUNTY NAME PARCEL & RIW NUMBER FAP NUMBER 93 000 6949 S.E. 10th ST. PALM BEACH l{SIG-R) RRP-00OS(382 RAILROAD COMPANY I FLORIDA EAST COAST RAILWAY COMPANY I A. JOB DESCRIPTION & LOCATION: NEW CROSSING SURFACE B. TYPE OF ROADWAY FACILITY: 3 LANE URBAN .- C. FDOT/AAR XING NO. 272495-0 RR MILE POST TIE: 317 + 4508 D. TYPE CROSSING PROPOSED: "T" MODI FI ED. DOT INDEX: 560 J E. STATUS AND PROPOSAL: 1. ROA~WA Y: (Existing Width = 35 fret) a. _ To be resurfaced only. CROSSING ONL b. _ To be resurfaced and shoulders paved. c. _ To be widened, resurfaced and shoulders paved. Proposed roadway width = feet Widening strips = feet Left. and' feet Right. 2. CROSSING: (See Agreement dated AUG. 7, 1972 ) a. _ No work required (surfacing material to be feathered out). b. _ Proppsed-wldening will require extension of crossing timbers. c. _ Trackadjustment(s) necessary. Rails to be (raised-lowered) feet. 560 d. "T"MOD . _ ({)t)t1t;'UtM4leconstruct) Type .Crossmg, Index No. F. CROSSING PROTECTION: (Signal Sheet Attached: X' Yes No) G. COMMUNICATION AND/OA POWER LINE ADJUSTMENTS 1. .JiLA... By others ( N/A - Company). 1. N/A By Railroad dompany. H. AUTHORITY REQUESTED: (0 raft \attacned: Yes No.) 1-. X Agreement (Third Party Participating DELRAY BEACH ) 2. _ Supplemental Agreement No. 3. _ Crossing Permit. '- 4. _ Estimate for Change OrderNo. 5. Letter of Al"lthorlty. . . 6. Letter of Confirmation (No Cost to Department). I. OTHER REMARKS: Negotiations to be completed by MAY lQQl .1AN lqQ? I : ' . '0"" n<.itO'OI'. IlCPl.'CU 111,.. tlltl '''Ol 1 .. 1 "Aft Of 'LOlllOA DUAftTIII!H' 0' ""'.....OftfATlON OFFICE OF PUBLIC TRANSPORTATION WORK DESCRIPTION GRADe CROSSING TRAFFIC CONTROL DEVICES COUNTY SECTION JOB NUMBER ROAD NAME OR HUMBER COUNTY NAM! PARCEL" fVW HUMBER FAP NUM8lR , 93 000 6949 S.E. 10th ST. PALM BEACH 11 (SIG-R) RRP-000S(382) . RAILROAD COMPANY I . FLORIDA EAST COAST RA'ILWAY COMPANY. A. JOB DESCRIPTION & LOCATION: New Cant. Flu.; & NE side. Relocate FLu.; on SW side. Add HXP B. TYPE OF ROADWAY FACILITY: 3 LANE URBAN C. FDOT/AAR XING NO. 27?4Q!i-O RR MilE POST TIE: 317 + 45081 ~ D. TYPE SIGNALS PROPOSED: IV CLASS: III DOT INDEX NO.: 17882 E. STATUS AND PROPOSAL: (See Agreement dated AUG 7. 1972 . ) 1. EXISTING DEVICES: a. None-New Crossing. b. Crossbuck and DIsk. c. Flashing Signals with Disk. d. Flashing Signals with Cantilever. e. X Flashing Signals with Gatea. f. Flashing Signals with Cantilever and Gates. 2. PROPOSED DEVICES (Safety Index Rating 281 ) a. No revision required. b. Crossbuck and Disk. . c. Flathlng Slgnala and Disk. d. Flashing Slgnats with Cantilever. e. Flashing Signals with Gatel. f. X Flashing Signals with Cantilevers and Gates. g. )( Relocate existing Signal devices: (1) (W~-Wlthout) addition ot Gates. (2) X . (Wlth.Wlthout) synchronization with highway traffic tilgnala. F. COMMUNICA TION AN~'l~R POWER LINE ADJUSTMENTS: . 1. By Othera ( " Company) 2. By Railroad Company. G. AUTHORITY REQUESTED: (Draft attached: . . . . Yes X No.) 1. X Agreement (ThIrd Party Participating DELRAY BEACH . ) 2. Supplemental Agreement No. 3. Crossing Permll 4. Estimate fot Change Order No. 5. Letter of Authority. 6. Letter of Conf!rmatlon (No Cost to Department). H. OTHER REMARKS: MAY 1991 . Negotiations to be completed by: - Signal Installation target date: JAN. 1992 Synchronlztlon: (Draft attached Yea No) , . . t . . ,.ORM '.'-37 \ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 01/85 I DIVISION OF PUBLIC TRANSPORTATION OPERATIONS; PAGE' OF' . . RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES --_... . COUNTY SECTION RAIL JOB NO. STATE ROAD NO. COUNTY NAME PARCEL. R/W JOB NO. FA P NO. 93 000 6949 S.E. lOth.ST. PALM BEACH l(SIG-R) RRP-000S(382) AGENCY I FLORIDA EAST COAST RAILWAY COMPNAY I . NEW CANT. FL + G + N.E. SIDE. '" RELOCATE FL + G ON S.W. SIDE. A. )OBDESCRI~ION & LOC1\TION: -. AD.D H X p . . . ... . . n. TYPE OF ROADWAY FACILITY: 3 LANE URBAN . _n C. FDOT/AAR XING NO.: 272495-0 RR MILE POST TIE: 317 + 4508 I D. TYPE SIGNALS PROPOSED: IV CLASS III INDEX: 17882 - . ." I SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annua) Maintenance Cost ExClusive of Installation CLASS DESCRIPTION COST* I Flushing Signal~ - One Track $ 650.00 II Flashing Signals . Multiple Tracks S 860.00 III Flashing Signal~ and Gates. One Track $ 980.00 IV Flashing 1ignal~ and Gates - l\I,ultiple Tracks $1,230.00 *Effecti\'e February 3, 1971 . . . .,.'.0 , . . AUTHORITY: FLORIDA ADMINISTRATIVE RULE 01446.02 ...........- - Responsibility for the Cost of Automatic Highway Grade Crossing Traffic Control Devices EFFECTIVE DATE: February 3, 1971 GENERAL AUTHORITY: 334.044 F.S.'! SPECIFIC LAW IMPLEMENTED: 335.141 F.S. i \:, \J ' .>: is 1$1. ! ,~. t LI\ 0 Z M :;) 0 . CO 0 LI\ Z oo 0 ..J oo < ,~, ,..... Cl 0 W f/) ..... oo Z 0 ..J f/) :;) ..., f/) - ..J ..J 0 ..... 0 ::.:: z oo < ~ :x: ~ 0 0:: 0:: ~ ~ W < ~ I- < >- Cl I- ..... 0:: 0 0.. I- !~ < II) II) ..... W - en 0 0.. 0 W en 0 0 :;) 0.. 0:: 0 0:: < 0 .::t :x: W W Z W 0 0 ,..... ..... ..J :x: ~ I- 0:: >- 0:: 0 0 - .... Z 0 < 0 >- .... ':!: 0 0 - tt: Z ~ ell < 0 W oo 0 Z Cl :x: ..... W 0:: ~ - < en . ..... ':!: 0 ~ IJ) 0:: >- Cl 0 0 0 I- 0:: Z 0 '^ Z oo en 0 - . 0 ~ IJ) Z - Z w ',1\ lU z ::.:: 0 a w - I- < a w 0 - % < l~ ~~ ~ 0:: 0. < I- 0 ..... ~ 0 0:: 0.. 0 % % IJ) I- ::E: ,., ::.:: .... - ~ . w 0 oo < 0 IJ) -::c: w z LU ':!: :;) LU Z l.fl - 0:: a 0:: 0 0 :;) < 0.. a 0:: .... W ..... :L W ~ <l: 0 W ..J .... W 0:: Z l4. 0.. W Z 0.. 0 IJ) ..J W oti > :I: < ..J 0 ~ w 0 u >- < a: 0:: < 0 l.fl 0 ~ 0:: W W /Xl :;) Z < 0.. "" W ell ..... :I: 0.. 0 I- < Cl < ~ ..... - a z l.fl :x: w a: 0 LI\ ... 0 ..J - a .... LI\ Z W ..... W .... 0 O' CIO ~ 0 0 < II) .... CIO - ..... 0 M oo % 0\ 0 ......... In 0.. co f/) - 0 ... <a:Cl >- 0 W I- - Cl .....0% ..... 0:: Z .... .... .... Z 0::0.- - 0.. W :5 ..... - 0 - OWl.fl U > en z Cl.0::1J) - I- Z en 0:: II) 0 ..... 0:: II) < < ~ z~o:: u z w - 0:: <wo w 3: :x: a .... \0 0::- l4. 0 I- 0 0 .....>w.... = LI\ 1.1.. 2: 0 I- :x: 0 w LUaw u ... w ::.:: ;z: I- a l.I..o::<w < ... 2: Cl 0 oo % 0 O:::I: LU .... :;) - 0 I- W aul.fl ell ..., LI\ .M f/) ':!: 2: ':!: .......J Z /Xl .::t .. 0 II) :;) ::E zw>-< ':!: - 0 2: 0 0 LU-<.... ..J < I.&.. 0 a oo 0 0 Of :E:"-3:< < ::E: 0 oo en < z w ..... =a 0.. a ~ w :;) 0 en 0:: O::UU IJ) W 0 z a - :;) <-- < w w :5 .... ell 0.......= >- :I: 0.. ..... 0:: .::t LUIJ)I ..... It\ U II) W < 0 ..J C\I ao..J % 0 Z a :;) w z 0 z- :;) C\I < Z 0:: ..J 0 0 \0 <u< 0 .... 0:: - Z = U 0 = It\ a <0:: U .::t ell < .... U -- co 0:: < . = II) 0:: a .... tt: .... % U 0 0:: .... 0 - < X ..J . ::E: ::E: 0 W 1.1.. ..... 0:: ... :;) .... 0:: ... 0 co a C\I :E 0\ 0 0 0.. C\I ,..... Z C\I LU \0 0 Z 0.. \0 ..... - 0 .... 0 ~ \0 W ... 0 < 0 It\ < co 0 0.. C\I 0 co 0 \0 ~ a CIO :E co ~ \0 C\I co CIO ..... oo 0.. co 0 co ,..... w :;) CIO en OO' 0 1.1.. 0 CIO W - 1.1.. CIO < Z .... a oo w .... 0 0 CIO II) II) w 0 0:: .... W < >- < ..... I- < W Cl .. Cl ..... ..... f/) 0:: ~ ..J II) < a ~ o'w < < ..... z >:1 - < z a < oti w 0 I- a 0 .::t 0 a: W 0 W 0.. a: a I- en 0.. 0\ W ... - 0 .... 0 0.. :;) W 0.. ..J < 0 - a: :;) M ..... I- - < 0 c.. :;) I.&.. 0 0\ 0 0 ..... < 0 :5 ~~ a: a ..... ..... 0.. 0 ..... CIO a 0 0.. en II) C\I ..... :;) I- 0.. f/) 0 c.. 0 :;;'0 z < II) < C\I en ::c < 0 :;) 0 w ::> ..J :5 z .... w U ..J ~~ ~ - z ..... 0 IJ) ..J - Z .. I- '-S' .... 0 0 < <: w - :5 Cl IJ) 0 w - IJ) a: z c5 , - a .... ..... oo W .... Z - .... ..... :5 <: -..j '( It\ ..... - en < II) .... 0 < Cl .... ~ 0 W ~t.:L. z ..J 0\ < a: 0 .... < w w z - < >- w W .::t U 0 Cl z a .... .... Cl - 0 - w " .... U :E: z C\I 0 ..J Z W 0 < z c.. Z I- - ':!: z ,..... ..J I..- - ':!: a: a - c.. 0 oo ..J < a II) -' 0 0 C\I " II) II) w en 0.. IJ) 0 U < 0 e - -> U II) z .. II) z > w II) .... .... > U 1.1.. ";> ... w a:: '. 0 0 0 0 0 Cl <: 0 II) u < 0 0 -J " oe w - 0 oe - ':!: - Z ..... oe z 0 0 <: -I- - 0.. 0 ..... U U ..... > - <: 0 ..J - - <: z :E: 0 z < < z w .... e < l.fl .... I..- .... 0 < :E z U oe - a en ::> en z "- <: e - , w <: co Cl - oe a: W < - ..J 0:: .... 0 w < e w .... , .... w co .... z ... c.. oe Cl X < U a: ':!: a: 0:: c.. ..... " U - - a:: a:: 0 ..... z w U 0:: < U .... .... >- c.. - 3: 0\ w en CIl - - 0:: .... a: LU ::l: ..... -, (/) (/) ..J Z (/) < w 'U , W " 0 0 < - a: >- 0.. l4. IJ) ~ > ~ r- oe oe ..J < ~ :x: w < w W > c.. U U a:: c.. a II) a a:: W :x: a:: I..- 'ot?:'_ .hl ~- .. __ .>... ~ .~J...""" _~,--,__...-., ~_ _....~- ~.o!foI ~ , ~, . . . i : ill. 'I 1 . -~ . . ~ _\ -z. '" .~ -'\)' (. a ~ - c ~ ~ 2::z;. '" , ~ 8 w -:3:.\ ~. ~ ~ t;: ~ .r~. \ ~.x ~ . T ~ 0 t'" - - -;z n::: -- ~ ~ ---1 ~ ~ ~ ~~. I \L .~ ~ -::l. (/) H . - \ _\ '<' ~ '(\... ~ ~ ~ C p... z . CI) .. ~\3 \- r- H E:J ~ CI) ~ CI) ~ . -< 2: -:z. ~ I LLCI)' ~.....:l >-< U ~ o ~ Z (,) ~~= ., ~ (,) .~ t\ . ~~~ ~ 0 \ .0 t-: 'ta' ~ \t\' " z :z: _' ~ f-< . . o ~ ~ n::: p::: , , ,I :u 0 0 c::t: C ' , .; ~ Z' :z; ~ - cs - - A <: U . . o H ~ ::r: CQ LL ~ '. 'I ~ P. (/) . c::t: ~ ill . p. ~ ~ ~-= \ ~ A C . '0 I : ........ H Z 0::: :x: -:I:. o \\ \ , o. C' ~ U) -' Co ~ ~ I . >< z . LL ~ H z:U\~ - ....:l . .CI). s (\ w _ \ H p.. CI) f.::l fu - - ;;1 :z 0 Po. -z. "Z \) ~I I . 0 p::: >< q c::t: w - - - (,) u ~ . uJ 1 ~ ~ , 7. ~ -::r 6 ~ ~'() \U~ .i: -:t-.z ') ~ Jt u\ -z ~ :::i~ I \! $.~ ~ ~ 'U' . - 'l\' :3 I'><k:1 \ ~~ f. ~ - - I ~ . w '" - I - llJ fl - ~ f IL. ~ I \J ~ U '\- I ~ f \ '( J ~ " l" c:;:>o J'f , "'9- \ - . I - ESTIMATED COST FOR THE INSTALLATION OF CROSSING WARNING DEV~CES AT S.E. 10th ST., MP 317 + 4508, DOT 11272495-0 Two (2) gate assemblies...................................8,OOO.OO Gate foundations............................................350.00 1 - 40' cantilever with lights...........................ll,OOO.OO Factory wired case typical #3B...................~.......12.000.00 Concrete for cantilever...................................l,OOO.OO Conduit.................................................... .350.00 Cable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -;. . . . . . .2,500.00 Battery...................................................3,750.00 Battery box. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . '; . . ;; -;;..;; ;-;'". . ..~ -;-.-; . . .270. O(}---- ,_. -- ...... Special relay equl pm~n t eo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 t 000.00 Miscellaneous small items....................................300.00 Freight and taxes.........................................6,483.00 L~ b 0 r. . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ,400 . 00 Gang expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'.2,800.00 Rental of equipment..........................~...............500.00 Contingencies...............................................300.00 TOTAL. . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 J 003.00 FLORIDA EAST COAST RAILWAY COMPANY OFFICE OF SUPT. SIGNALS & COMMUNICATIONS ST. AUGUSTINE, FLORIDA NOVEMBER 4. 1988 .," .. , 550(MP 317 + 4508') DELRAY BEACH: Rebuild grade crossing at S. E. 10th Street Estimate of cost to remove :one-44' wide Type "G'!modifi:ed grade crossing and install one-4-4'wi;deType "T"modified grade cross"iti-g located at Milepost 317-+4508'- - .;j CROSSING WORK Remove one 44' wide Type "G" g1;'aae crossing @ $9.50 $ 418.00 Install one 44' wide Type "T" modified grade crossing @ $375.00 16,500.00 Cost of pavement 3,500.00 Maintenance of traffic 5,000.00 Engineering and Supervision 1,000.00 Miscellaneous and contingency 182.00 TOTAL ESTIMATED COST $26,600.00 JWK/jw H/17/88 <1'1 .-..- ......- -'------..... - U. S. OEPARTMEN1: 0,. TRANSPORTATION t. "'J:DE"~ L'AI,D PRO~ItCT NO. FiE:~ERAL Hlr~.... v -DM'N'STRAT'ON RRP-OOOS (3 82) t. STATE PRO~ECT HO. LETTER OF APPROVAL AND/OR AUTHORIZATI~N l) ). FROM .. PROGRA~ NO. J. R. Skinner, Division Administrator 139 Federal Highway Administration a. 'TEM NO. Tallahas~ee,F16rida I 320 . .. .' ., TO I : ;'" \', I -: .:' ':' ". .,If:: :~:l:":::;-':~::~~~:~:~:;'~"'.::::;::~:;::;::::;:::::::;::::::: I. I. ,. J- ~...w \.. . t ,,\ .,' .. .~. ......... ...;1:~~ ....... ........... . . "\ . ..........-.......... ................. , . .. I j .. ...............,.,...................... . . '"-I. ...,............. . ~~... ........... . '. -" b' .. .. . '.;,;~ . .. .. .. .. . .. , .. . .. . .. .. r . .,:. ~.: ~ ~ :. : ..:i$~::~::: .: ...::- .::::::::::::::::::::;::::::::::: I I. . i' ....................... ..' . .. . . .... . .. . . . M H ar 0 1..:1 Wn..,. or. ~.' '1 ',. .'. ...............................::If.............~: ............. ............... r u. T""~""'" ~ . ::n:t.............~~~~............... As~i~\tant . Secretary for Finance and Administration k~f:~~lf:%:/ ~idtt}ttift . '. :iI'1:S~"':::::~:::W:: .~::+f':.:.::::::::::::::::::::::::::: F lor da D~partmen t 0 f Cl"r an sporta tl.on .~~.v;v~,.................. .... ....................................... . "'. j :: "::':':;:::::::::::::::;:::;:;';:::D;:U:;!:::::;:::::;:;:::::::;:::::::;: TaIl a ha s s ee , (;F lor J.da : 9~~~:ffl:~:~:::~:....:::::::::::::::::::::::::::::::: '. - " . ..... " ::,,:,,':::':::'::::::::::::::::~'.,~. "::u.::t:::~.:.~::::::::: .... .... ...... .. . ..........,.. ..To.' .., ........... . . :;" .,~~;:~;::...:...:':.:::::..:::;:::;:::::::::::;:::::::;:;:::;: Attent'on. Mr Charles T Fa'rcloth .. ..,.........~.:Lll=~y............... ..... . oL .J:~' :if':' '::,":"':~:::.:;;:: '~:" ::, .'::::::::::::::::::::::::::::: L . .o!l:.-.:.,..... ....... ..........,..... .':'.. :~....:.:.:.::;.:~~.:.:.:.:.;.:.:.:':.:.:.;.:.:.: ?'.;:: :;j~~~m@~:!~~::?ft~~}~~)~~m~Hm 7, DATI: AUT..ORIXATION EF..ECTIVE I. ..EDIERAL ROUTE !'CUM.ER .. STA E ROUTE !'CUM.lER 3-20- 90 --- J ,,~o--- '-?f1 10. GENERAL LOCATION: 93" 00 - t:,q'lP J Railroad grade crossings in FDOT District 4 as listed in the attachment 1 to Mr. Charles T. Faircloth's March 7, 1990 letter. 9i"i?CJ _ ~'11f. i II. GENERAL DESCRIP'TION Of' WORK Railroad grade crossing protective devices as described in the attachment to Mr. Charles T. Faircloth's March 7, 1990 letter 12. YOU ARE AUTHORIZED TO PROCEED W'TH THE WORK CHlECKED 8ELOW APR () " 1::':'; .... ;",1",1.,..' o PRELIMINARY ENGINEERING TO DETERMINE I.OCATION 0 CONSTRUCTION - ADVERTISE FO ONLY T){1 PREl.IMINARY ENGINEERING FOR CONTFjACT PLAN @ CONSTRUCTION PROCEED ON AN ~ PREPARATION FORCE ACCOUNT BASIS o ACOUISITlON OF RIGt-:tT.OF.WAY 0 OTHER (S"ecl/J1/ I). REMARKS A>.e- ~"4 .,..,,/'f'n1. Authorized in accordance with the provisions of the Rail-Highway Crossing Program alternate procedures approved November 17, 19'88, as requested by Mr. CharIesT. Faircloth's March 7, 1990 letter. Total funds authorized are $1,l76,~O (Federal funds of $1,059,210), of which $58,845 (Federal funds as $~960) is for preliminary engineering. ~ ~ ~~ . ~od:f~~ns of this project to add or delete individual crossings w t5b~prle~~~ed with a Modification of Fed, eral-Aid Project Agreement ( ~ PR-~~~rovided the additional work is within the scope of work ~~o~l~~orized. ' 0= 0:= .-~~ - c:::, W ~ 0.. ~#JO_ ~ ~ ~ .E~ . a:: c::a -.......- 0 <0 . en . .c:... =- ..- 5!!:? ~ . ~ :!E x == to')::: ..- ~ '-' c:x: L'J (.) -' > V) <:":" . 4, DATE '1. TITLE 3-20-90 For the Division Administrator RM ..R.1240 PREVIOUS EDITIONS MAY BE USED Y. 12.'91 .U,S. GPO. 1986.(9'.009 ,~~. ~~.~ ..,.... ,- .~ 1 I.U . ST < -- wy La - M 2 "C W Cl:) III W W uJ > > > <t <t <t , en ..... u. 0 > ... <t N :: :: Cl:) ... sw (Il (Il 2 I ST ... SE i ~ ,~ .- W M N W M l t:S .- > I c.? ~ ~ 4: I 3 ST 3 3 >'"' ~ .i: :: :: 3 CT :: w w ~ 0 en :n en en en en X SW SE 4 3 -~ .- -- -- . B E(X) SE SW SW ,.. sw r n;i;ay T I Beach .~ - -- S -I-Cern--- .-. - .~..- . - _.~._- ...... G) G) 1 : ~ c{ c{ L___ ,- 0 20S: ... .....- en 10TH .~ - 4 ~ ~ - _N PLAN SHEET ONE D SF.E MAP NO 90 : ; : I I~ I~ : .=~= i .- ~Ii I. I' r "I , ....--. II I I III It Ii'" 11I_~--' ---- - · illiiil l"tl IIJtt iI ~I' : ~~ !-J .=:-:.-..It. -: '11 tIt 1"'1'11 1111 1111, . !1I!!!f J!!!!~~g. I ~'" I I -6_ ~.. ill i i ~~ :.: I .. .c =t:! ~Is- _J~ - ; II I . .. 1'1 t .J I., III ., .- I I I I I I ~I · i I . , . I. 'l~ . ,I'tltl', II , . ! I ! I II; _ '. ~" I , I ,i · ~ . . I S I . ~ I I ~ , I' i I Q 'i '! f I. I!' 1..1 I I , I ~ ,. . . I ,!, I I , I ~ i :I.j. .~: I ! Ii' i I I I I i 7 If III ,) I Ii I II I )- I,' 'I' Ii Ii - j ., - I I I . I "- i.1 I. II~ i. III 'I I iUI IIi - i .II!I I I 1:.11 I ~'J ~i 5 ... II ~ U II. ~~ I if. II'I~ I I!- I ' I f il!, . . i ... I . ,I. ~ r Yb' - '1.1 ~I . J ~ II~ I I) - Iii It ji r 11 1 I. f I tto p Iii !I; .1 lit it! . ..tl.- I ~ i! ~~ · I' . i III n;!l.~~;l!! il ,. t5ft . ~~ I ~ ! 1:11.I:i all I ~~ .: I .. 01 01 If I~ IU jJ I is I ! '" .... I I~ i I~ i .. . ~I ~ i . . . & ~~ I UN i.... I liIIlI il Ii ... ~ - , ,. "..,.,- , , "......'.....' , i I I : I ~!, , 1 '-l lit. J , ~ I h !. I e!11 = ' I III i ! I .t II "'. . . II . . . . ~ I .ili' = I !f a ~g 1.1 i If 't I .'f~ i I i- ~~ .. I il.11 af I .1 ! ~ ! .. Ii !llll I.. II ~ ! I JI'-rli '. J . ~ ~ :~l . .!l I i ol ., 01 ... oc II .~~ - ~i - - !.., - ., I~J :1 d4! .;1 II ~i I~ I . I~ U!J lJr &!:s ~'. i - - . : ., ~ :l III I j"" .. - -- iil ... .. ~ ~1I ~ . ~ I I ..& ~ lIe. ~c i ,tl'l pjO\1 ~ Iii ~"l8 ~ I' I V)it ~ I : ~~ ~ -~Pr -;- .,-, '-' ;.;j -: '~ =-'.i,-'" .;-- , - ..;" - - -~-- :: ~.=::1 - - ;~I .. ~ i::~ - ~fi .. .. - ~ .. .. - . I . I I" ~~~ '! ':'........" .............:. to. it S I' II' .... mm s , .! i I J . 10 ....,,,,....litlitlt ~ Is ccccc!cd I III .","'!l. I .. ....'10...111.. , I I I . i i i .~ r- ~ , ;=1 · ~ _ I ~~ · . . . .. ~~ . . - . · 5g. :: .._-~. .-l--~~_... 1 , [ II ~... I ! I I I ! J l,IJ . I ~ Q;: . .1. .~L~I H"'" . ~~ :~: I I I, :: I Q; II" t-; :~.i . ., t:,; : ~ J; I; ; i l" i I I J i! ft I" -f--f--r- I". .. --I. Jj .. 11 - I I I I I I a":: "'j I -L...L-L 1'- . I....J ~ Q .;1. ... ... I I I I I ~ :: i ~ l I I I ~ .. I I "i: - II. -;--;--t- "I I. 1--1. I 1: i: I I : ~. _:: I .- I I i 11 ii ! .. tit .:. I I I I =l !i ~ "__W._"I -- I. ~, i! . I I. I. .- I I I ! t: ~ :: . 11 .' I .. _t.. ~.L_. J. ... c: . I I ! ::. .' f .: I '. , ~ il 5 " . . . :: a ... ;: :: I ~ ...L- . ' ti ....1 L. ~t llt ! :: \It .' i ~~ r~' ! ! r IN ! AI ~f p'+PTi . r;-'-;~t'~1 ': : . . . --. . . · i i . .. .. .. .. . , . I, 1 r r ! -, i~ It Q '" . c.....: - ..... I I " :' e '" . '. .....- ...... f:.t : t. I.: we -. ill . <: ~ , ',~ I .. .! It;: ft I I It:! ,. I " ".. "'r' 8 .:: ~... I 1 I I ~"I:: ~ ~ I ,-.. ~....I ~. m ~: B. ~ I I' a" l:: i'" I" ..l. + -. il ! -'" I ...- I i: .. ,J..-L-., t.- - Il ~ 1l i : I I I ... " ti- -+- -+--...- .. I I I . . . . . . , ~-.J --, ._.--... -- L~ . .. , . .'. , ., - .. .- .~.. -,'-.' , . .... .... ...... ...... '. ." ~ . . 0 '. II -- 0 t~''I: 0-1 I~ ~ ";'" .- - . ., ,- ~ ~~ - I -~~, - - ;; ~ , .~~ 0 ~~ ...~.. I ~ ~ '" ~- I " o !! \- - '. I ~ . I ~ ~ 01 ':' ... .. j 0 'r ,1 ". .+ .j; ! WT...I. I.. J D ~ -;..,~'.J .. .I ii .. a', f I: tl II. I! ..:~ I.'; -- f":. ~:= :-:-J ,_..._. ::::J --- - .., .. t I - . ... , o' - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAG~R i~ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 APPROVAL OF LICENSE AGREEMENT DATE: January 22, 1991 At their October 18th meeting the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) approved a license agreement with Sanitaire for the use of their patented system of cleaning the air diffusers. With the addition that is being put on the plant, a system of cleaning the air diffusers is necessary. The total cost of this license agreement is $105,792 with the cost being equally split between Delray Beach and Boynton Beach. Funding is available in 1990 Note Construction Fund/SCRWTDB Odor Control-Buildings (Account No. 444-5165-536-60.31) . Recommend approval of licensing agreement with Sanitaire and payment of invoice in the amount of $52,896 with funding as indicated above. ~~ ,..S Qll~ .... SOUTH CENTRAL REGIONAL WASTEWATER 'Li:;L JAN 15 1991 TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue. Delray Bcaeh, Florida :l3,1t1& -..7: ~-:.-==-:::._-:- . BOARD Telq)IH'IW City Council Members of :n~.7(J(il 7:H.~f)77 Boynton Beach & lJelray Beach INV . 90/91 385 DN1'E : Jan. 14, 1991 CITY OF DELRAY BEACH, ATTENTION: DIRECTOR OF ENVIRONMENTAL SERVICES 434 so. SWINTON AVENUE DELRAY BEACH, FLORIDA 33444 REQUISTION FOR PAYMENT PROJECT: SANITAIRE LICENSE FOR PATENTED IN-PLACE GAS CLEANING approved by Board at meeting oc October 18, 1990. - AMOUNT OF INVOICE $ 105,792.00 50% DUE FROM EACH CITY AMOUNT DUE THIS REQUISTION $ 52,896.00 Please attach copy of this invoice with your check for payment. ~ Sandy Swanson Fiscal Administrative Assistant ~ , MAKE CHECKS PA Y ABL E TO: G, Corporate Offices INVOICE Water Pollul ion Coni rol Corp. 2320 West Camden Road. P,O, BOll 744 MllwBukee, Wisconsin 53201 AND MAIL TO: 414/228-1515 P.O. Drawer 195 FAX 414/228-9214 Milwaukee, Wisconsin 53278 SANITAIRE WATER POLLUTION CONTROL CORP. SOlD TO: City of Delray Beach RE: Delray Beach, FL - South Central Regional Wastewater South Central Regional Treatment Plant WWTP 1801 North Congress Ave. Delray Beach, FL 33445 INVOICE NO, 9305 -------~.~.^"- -,-. - _.__ _J~_~~~~~~T;_.~~~:JsHlP :; ~E CUST. ORDER NO. SANITAlnE NO. --- 90-2033-1 TERMS: Due upon substantial completion or fir PRESENTATIVE utilization of equipment, whichever occurs f'rst. _ _'y}.anagan-Metcal f ----,-- A license to practice Wa ter Poll ution Control Corp's (SANITAIRE) patented In-Place Gas Cleaning license at this particular facility. Tax Exempt $ 105,792.00 cc: Federspiel AffilO~Dj ?,:l L:' _ EXECtj;', ~ Ci,rkEcfOR SCRWTO ~.C.R.W.T.D.nOARD MINUTES REGUL~R QUARTER ANNUAl, MEETING OCTOBER 18, 1990 f'.tn. FEDEllf;PJEI. a (lcl eel tlH:> orj(.1ill(l1 COJ)!:rilC:L "JiI!; r (.1' Ih1'(,c- yenrH and the Board reserved tho r i~Jht it t the 1'J)(1 of tllre'(' ypa r fJ to renew the contract on i1n annual llanis yeil)" IIY Y('(lr. ^l h'rna1:el y the no (\ n1 algo hnn the option or qoilllJ oul 10 fi t \f\l". il l\ PllfJi n0.(~r . 110\...ever r the contrnct at, all tjmen .1 ~ i tenlli Ilil-l IIJ 'Oil IIIi rty ( 3 t) ) (In yn notice to the en9ineorn. Wc> ilrf~ I~ ('c om/l\( ~ IHl.i II q it hI' renewec1 for n no1:her year on nn nnnual )lnnJ.n. 1m. 1\] ,PlmIN comm0nteel they r("!ccoj v ('(I CPI'V pi till' t:1 'Ill r il c'l lat(~ (H\(l e l:i. <l not: ge1~ a chnnce to look iI- OVe,r III (_,,-dc'r 1:0 n!ik questions. Tn the fu1:ure he won 1(1 not ] i }, (' Ln \ \I ' iI :1}; ('(1 lu votf' on fJomcthi ng wi l:hout more t:ime to revil'w it. CJI1\IHt.1l\N H1IHDOl,PJl ntnted hI"' WiI n i) d v :i n 1 '( I \ II i:i \-J it : ~ ill' llVl'l"!d qld nne1 when it wnn (1 ificoveree1 J t: wa fi il(1ded I- 0 I Ill' illJI'llclil lilt-her than having to cClll n fipccin 1. mecl::ing before tJ 1(' ('XI,i 1'" t,:ion d[lt,(~ on November SU\ . MO'I'ION 'l'O HENEW '('liE CON'J'HAC'J' ON AN ANNIlJ\ I. J\^:; I :; ~I) 1'1'11 CAMI' 11ImS~mH AND McKEE POR CONSULTING ENGINEERING mmVICE~; n(l movf'd Ity Mr. Andrews mH_l seconded by t-1r. \'Jische. Motion carried 6-0. 2 . BOARD 1\TTORNEY'S REPOR'l' n . Approval of Sani -tEl ire 1.i CCllf;(> l\lJJ'(~c'IIIt'111 MR. Fl':! IEHSP JEI, explnj nf~el the n Ihl i t:i C \ 1\ t hC"1 i\ ) - I . jlll \ \ i nq on the plant usef1 a pa te 11 t(-!c1 fj yn I:nrn of cl ('illlilllJ I II(' ,I I 1 (Ii rrllsprn. It in iI [\,1 t(~llted procesn concc'pt i.HHl to lit .i Ii z ( , I III' (I i r r lIn('I'~" we are pULtinej :i_nto the plnnt i t: ].n l)('c('n~;i\l y I II i \ t VII' 1'11\ 1'1" i nt~o a 1 j c p n ~) (! i.1 ~,rpC'lIlcn t- witll Danj \:cd rp, vJIIO OVJlI~; I lit. rJ"LL'ld~. \'Je rernovpe1 t1d~:: item from I:l1c' conLrncl : i (,Ill I ' lito 1\ 1 II: i ,I<J () so the contr(\cLor could avoid the overh(!nc1 i"\nd !IIin"LlIl' ( 1\ I \ hi :; . \'Je have preViOllf11y revic\-lc<l this anLl i I~ :i. n i.1ccep\:illd (' tu r () nil illl Ll the project is being conntructed w i1:11 U 1 ill 111(_'1:.110(1 of patented proce~>;, vIe need to utilize. MOTION 'ro APPROVE ACCEPTANCE OF J.ICENS1': 1\GHEJo:MJ':N'.I' WT'\'JI SANITIARE so moved by f-1r. Andrews and seconded by Dr. l\lperin. Hotion carried 6-0. 3 . ENGJNElm IS REPOR'.I' il . Camp Dresfic"!I: f, McKee Eng j neen; -- :'1 i\ (-1-: F\t1]('r 1 . 1\uthor:Lzill:ion to une th(' war}; ILin'ct.i vn procedures provided in the Cont~ril ct Documellt on the Odor Abatement Constructjon Project. 2 CITY OF DELRAY BEACH Departmental Budget Transfer (1) Departmental Line Transfer (2) Date January 22, ~991 (3) Interfund/Interdepartmental Transfer (4) Batch Number 1 Cl/ ,C.F~ (5) REQUESTED BY: William H. Greenwood, Director of Environmental Services -.---------------.--- ---.---------------------- --.---------------- .---------------.-:' (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN __.______________._._ _____________________._a__ -.---.--.--------- .--.------------- 444-5164-536-61.62 Contingency $52,896.00 444-5165-536-60.31 Buildings $52,896.00 (10) TOTAL ___=J~l~~~~.~~____ ___J~l~~~~.~~____. JUSTIFICATION: Transfer is necessar to cover the cost of "Sanitaire License A reement" with re ards to the cleanin of the air diffusers at the South Central Re ional Wastewater Treatment Plant - Pro"ect No. 90-17.1. This is a atented rocess conce t and to utilize the diffusers we are into the lant it is necessar reement. A roved at Board meetin of October 18 1990. DEPT. HEAD ASSIST. CITY MGR. BUDGET DIRECTOR CITY MANAGER .__________.____._____________.______________=________________s.___.___._._____._.._._._ (11) BUDGET REVISION DATE (12) CONTROL NUMBER (13) PERIOD (14) COUNT WHITE - ORIGINAL - BUDGET . CANARY - COpy - FILE . PINK. COpy. DEPARTMENT ./ If . . - . Agenda Item No. : AGENDA REQUEST Date: January 22, 1991 Request to be placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: January 29, 1991 Description of agenda item (who, what, where, how much): Request City Commission for approval of Sanitaire License Agreement. With the addition that is being put on the plant. a patented system of cleaning the air diffusers is necessary. It is a patented process concept and to utilize the diffusers we are putting into the plant it 1S necessary that we enter into a license aqreement. Funding source will be 444-5165-536-60.31 - SCRWTDB Buildings line item in the amount of $52,896.00 - Project No. 90-17.1. Approved by Board at meeting of October 18, 1990. ORDINANCE/ RESOLUTION REQUIRED: Y:8S/NO Draft Attached: xYBS/NO Recommendation: Staff recommends approval of this "Sanitaire License Agreement" in the amount of $52,896.00 and also payment of invoice for said amount for full payment. .. Department Head Signature: ~ ~,,~ ~.47J~Y Deteraination of Consistency with Comprehensive Plan: "'1" City Attorney Review/ Recommendation (if applicable): Budget Di~or Review (required on all iteas involving expenditure of funds): / / ~J/7/ Fund ng available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: JUS ~w-r~~ ~~3S t'fq{)~ Account Balance: C11S:.tt~11 -turd City Manager Review: Approved for agenda: @NO tff1 Hold Until: " Agenda Coordinator Review~ Received: Action: Approved/Disapproved . . , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER'~ SUBJECT: AGENDA ITEM # 8W - MEETING OF JANUARY 29, 1991 AWARD OF BIDS AND CONTRACTS DATE: January 25, 1991 This item is before you to review and approve the award of the following bids and contracts: 1. Annual Liquid Chlorine and Sodium Hypochlorite contract- Water Treatment Plant- Jones Chemicals (Liquid Chlorine) in the approximate amount of $31,075 and Allied Universal (Sodium Hypochlorite) in the approximate amount of $84,600 with funding from Water Treatment Division Chemicals (Account No. 441-5122-536-35.18). Account balance $362,965.91. City Manager recommends approval. 2. Remedial WTP Hurricane Protection- Water Treatment Plant- James P. Moran, Inc. in the amount of $61,042 with funding from $8 Million Line of Credit (Account No. 444-5164-536-60.31) to be reimbursed from 1991 Water and Sewer Revenue Bond. Account balance $234,925. City Manager recommends approval. 3 . Replacement of Vehicles via Florida State and Collier County contracts- Vehicle Maintenance Division- Multiple Vendors- in the amount of $415,448.62 with funding from various Department~ Auto- motive line items. City Manager recommends approval. . " MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager, ~dministrative Services FROM: Ted Glas, Purchasing Officer .;;7/J- DATE: January 16, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 29, 1991 - CO-OP BID AWARD - LIQUID CHLORINE & SODIUM HYPOCHLORITE Item Before City Commission: City Commission is requested to award multiple annual contracts for liquid chlorine and sodium hypochlorite to firms listed below, at an estimated annual cost of $115,675. Per the Budget Office, funding is from: Chlorine ~'1/- 5/ J;;J.. 53L :3 5 . , fi' ( I.J /~ FUN cL. - WA-4~~ -r.z,CI~t'N AJ+ ~:~, ~ Sodium Hypochlorite ' ( fUr0J- WA-+4>tL. Mcc,-Itt<L.it). 11/(./'1 I "14/- 5/,;z ;}. 53t.. . 3 SIl(' l..u I't> . Background: The City of Boca Raton Purchasing Division is the lead organization for this bid. Three (3) firms submitted bids on December 10, 1990, based on estimated annual quantities of twelve (12) governmental entities. (Documentation on file in the Purchasing Office. ) A tabulation of bids is attached for your review. On January 7, 1991 the Palm Beach County Cooperative Purchasing Group met and voted to recommend award to low bidders, as follows: Est. Unit Extended Item Vendor ~ Cost Cost Chlorine Jones Chemicals 275 Tons $l13./Ton $ 31,075. Sodium Hypochlorite Allied Universal 180,000 Gals .47/Gal 84,600. The new bid for chlorine reflects a $96. per ton reduction in price from last year's contract, or a savings of $26,000. The new bid for sodium hypochlorite reflects a $.0295 per gal. reduction in price, or a savings of $5300. Recommendation: Staff recommends awards to low bidders, as outlined above. Funding as stated above. Attachments: Tabulation of Bids Memo from Boca Raton Memo from Environ. Services pc William Greenwood . . M E M 0 RAN DUM TO: Ted Glas, Purchasing Officer FROM: Larry Martin, Deputy Director Enviromental Services DATE: January 10, 1991 SUBJECT: Co-op Bid Liquid Chlorine Enviormental Servcies concurs with Palm Beach County Co-op to award contracts for Liquid Chlorine and Sodium Hypochlorite to the following vendors: EST. UNIT TOTAL ITEM VENDOR QTY. COST COST Chlorine Jones Chemical 275 tons $113.00 ton $31,075.00 Sodium Hypochlorite Allied Universal 180,000 gals. .47 gal $84,600.00 -- -- ---.--------+ _/ -..,." Envr. Svcs. - . ::oc '"0 H H H H (l) c:: M' i M' M' H\ 0" (l) ~ (l) (l) 3 3 ttl '1 H (l) ~ 0 8 ~ 0 t::l ::l 0 0 n, M' ~ ~ (l) Ul ~ ~ 'V c::: tx:l c::: tx:l c::: tx:l c::: ::l >< ::l >< ::l >< ::l M' f-J. M' f-J. M' f-J. M' f-J. c) M' . M' . M' . M' v ~ ~ 0 ~ ~ ~ ~ ~ ~ I 0 'I:l t'" ..- ~ ~- ,Q ~ c:: . - rc- ~ .c ~ ..- ..p ~\ ~. ~ ~ -::: ~ Q. N---- F: ~ ~ ? - ~ ~ ~ 9 pc:. .c: 8 oG 8 , .... . ~ p g ~ ~ '" 0 ~- ~ '1 8 ex. f-J. :'\0 R. ::l ~ (l) . ~ ~- :lO ~ ~ ~ (]I. - ~ ~ ..c:. ~ ~ ~ iJ ~ (:1 ~ ~. ~ , ~. - ('I\., 0 lI\ ~ ~- lJ3 g ~ ~ 1V:l ~ t....) ......... ...... r ~1" 0 i(.) ...,f;l ~ r:IJ ~ ~ ......... - \0. ~ . . ~ \i3 .,. o. "" ~ ~ > o. 8 lo.., ~ oq It, 0\ ~ C> ~ '::\ ~ , () ~ p ~ g ~ ~ c 0 ...... 0 .. . 0 0, III ~- . 3 . ..-- . .' ::L:::=~O . BOCARATON.FLORIOA33432.3730 . PHON""4071393.77oo . SUNCOM: (407) 922-7700 December 10, 1990 TO Acme Improvement District City of Belle Glade City of Boca Raton City of Boynton Beach City of Deerfied Beach - U"Jr5llJ'- _U _ 1m" L.Il~ Palm Beach County Town of Highland Beach Town of Lantana Town of Palm Beach - Village of Tequesta City of West Palm Beach FROM Caroline R. Westfall, C.P.M. , Chairperso~ City of Boca Raton SUBJECT-Bid - "Co-op Liquid Chlori.ne" opened 12/10j90 at 10:00 a.m. Attached are responses and tabulRtion sheet for our co-operative bid referenced above. Please review with the appropriate personnel within your entity. Since the savings with this bid are so significant, I am recom- mending that each of you that were participants in, last year's bid send PB&S Chemical a "30-day Notice of Cancellation Letter" advising that you will be closing your orders with them approxi- mately January IS, 1991 (current contracts expire 2-28-91). I am also recommending that the Co-op hold a special meeting either later this month or early next to ratify the award to the apparent low bidders listed below. 1. Jones Chemical one ton cylinders - $113.00 ea. ISO-lb. cylinders - $ 13.00 ea. 2 . Allied Universal Calcium Hypochlorite - $86.00jDM Sodium Hypochlorite - $.47 jGal. Savings = $96.00jton or $329,376.00 annually for entire co-operative quantity - AN EQUAL OPPORTUNITY EMPLOYER - , Agenda I tem No.: AGENDA REQUEST Date: 1-19-91 Request to be placed on:' x Regular Agenda Special Agenda Workshop Agenda When: 1-29-91 Description of agenda item (who, what, where, how much): Annual Contracts for Liquid Chlorine and Sodium Hypochlorite ORDIliIABCB/ RESOLUTIOB REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Liqnid Chlorine - Award to Jones Cnpmicals - $31.075 (Est. Annll<ll) Sodj'lID 7J~/Avard rn Alli.d IJniver,.l, - $84,600. (Est. Annll;::!l) Department Head Signature: Deteraination of Consistency with Coaprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Dir~~r. Review ~required on all iteas involvinq expenditure of funds): . ,;,jc~ / /,{, 7' Funding available: ~E~ NO Funding alternatives: (if applicable) Account No. & Descr.gption: ~:(~ - 5J:l::l-s3~- 35.JK tAJls Fu..JcL ~..v. Account Balance: ;S(,~.J qt, . z,JJ~: ~-I f ~ i '/J("'~' . ~ City Manager Review: ~~ Approved for agenda: @NoM Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved <1'1 . M E M 0 RAN DUM TO: Ted Glas Purchasing Officer THRU: William H. Greenwood ~/~/~ Director Environmental Services FROM: Ernest A. Kaeufer, P.E. j# /r~/11 Assistant Director Environmental Services DATE: January 16, 1991 SUBJECT: REMEDIAL HURRICANE PROTECTION AT WATER TREATMENT PLANT (CURTAIN WALL) PROJECT 90-43A Refer to attached letter, dated 1/15/91 from CH2M Hill recommending award of bid for subject construction to James P. Moran, Inc. , for the lump sum of $61,042.00. Recommendation is made by this office to award bid as stated above. Attachment: 1 EAK: jaf cc: W. Greenwood, Director, Environmental Services L. Martin, Deputy Director, Environmental Services D. Haley, Superintendent, Water Treatment Plant EK904302 File: Memo to Purchasing Department Project 90-43A ,'" MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager Administrative Services FROM: Ted Glas, Purchasing Officer 'fI~ DATE: January 17, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 29, 1991 - BID AWARD - BID 1/91-11 REMEDIAL HURRICANE PROTECTION @ WATER PLANT Item Before City Commission: The City Commission is requested to award contract to low bidder, James P. Moran, Inc., in the amount of $61,042. Per the Budget Office, funding is from: ( ) . Background: Scope of Work The project consists of replacing wood frame and fiberglass panel walls with concrete masonry and fiberglass panels at the Water Treatment Plant. In addition, this proj ect includes securing the ammonia tank at the plant. Bids were received on January 10, 1991 from two (2) contractors, all in accordance with City purchasing procedures. (Bid 1191-1l. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The low bid was submitted by James P. Moran, Inc. , for $61,042. CH2M Hill's estimate is $60,000. Recommendation: CH2M Hill and staff recommend award to low bidder, James P. Moran, Inc. , in the total amount of $61,042. Funding as stated above. Attachments Tabulation of Bids Recommendation from CH2M Hill Recommendation from Env. Services Dept. pc William Greenwood Ernest Kaeufer I / JANUARY 11, 1991 TABULATION OF BIDS BID '91-11 VATER TREATMENT PLANT REKEDIAL HURRICANE PROTECTION ----------- VENDOR JAKES P KORAN, INC. RPK CONSTRUCTION CO. INC. ------------ - --------- TOTAL LUKP SUK $ 61,042.00 $ 64,950.00 ------------------------ --------------- ---- ---- ---------------- COKKENTS I EXCEPTIONS: BID BOND SUBKITTED BID BOND SUBKITTED I I .'- Engineers - Planners CEiJ1l1llJ Economists - Scientists January 15, 1991 SEF30787.Al Mr. William H. Greenwood Director of Environmental Services City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Dear Mr. Greenwood: Subject: Remedial Hurricane Protection at the Water Treatment Plant, City Project No. FY90-43A Service Authorization No. 2 Two bids were received on January 10, 1991, for the subject project. Both bids are responsible and in proper form. James P. Moran, Inc. was the low bidder in the amount of $61,042.00, lump sum. This is within 2 percent of the engineer's opinion of cost for this project, which is $60,000.00. Enclosed are copies of the bids, as well as copies of the "most favored customer" letters from both bidders. We have checked references of James P. Moran, Inc., and found that they have successfully completed work of a similar nature. They intend to subcontract the curtain wall portion of the project to Garmong and Padgett, the local installer of Kalwall. We recommend that the contract be awarded to James P. Moran, Inc., the lowest responsible bidder in the amount of $61,042.00, lump sum. Please call if you have any questions. Sincerely, CH2M HILL ~v:. ~ Brian A. Shields, P.E. Project Manager Enclosures dbt099\021.51 cc: John Curtiss/CH2M HILLlDFB Jay Ameno/CH2M HILLlDFB Ernest Kaeufer/City of Delray Beach Ted Glas/City of Delray Beach CH2M HILL Southeast Florida Office Hlllsboro Executive Center North. 800 Fairway Drive, Suite 350 305.426.4008 Deerfield Beach. Florida .l'1441 407.737.6665 d., ,/ I! - , . . Agenda Item No.: AGENDA REQUBST Date: January 17, 1991 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: January 29, 1991 Description of agenda item (who, what I where, how much): Bid Award Remedial Hurricane Protection at Water Treatment Plant - Bid 1191-11. C ion to award contract to low bidder, James P. Moran, 2 Fund in shall be from the 8 million ine 0 cre S16-60.31. Water Plant Conversion to be reimbursed rom ORDIHAHCE/ RESOLUTION REQUIRED: YES(~ Draft Attached: YES@) Recommendation: Award to low bidder, James P. Moran, Inc., for the amount of $61. 042. ~ Department Head Signature: .vII/&- <>p_..-L J /2 "'/f/ Determination of Consistency with Comprehensive Plan: "'t" City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involving expenditure of funds) t:A1e~ 1/.il1! Fun ing available: YES/ NO Funding alternatives: (if applicable) ~ Account No. & Description: "'-Y(- .5J''1.54I..t~..s} ~ 11f~ "vole. ~~ . Account Balance: ~~~~ f}S F~/ City Manager Review: /V,f!e". II~ ~~ Approved for agenda: &D NO 1M Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . M E M 0 RAN DUM - To: DAVID T. HARDEN~ OITY MANAGER FROM: JOHN W. ELLIOTT~ ~. JR.~ ASSISTANT CITY MANAGER/SUPPORT SERVICES J'~~t DATE: January 24, 1991 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JANUARY 29, 1991 - PURCHASE AWARD CARS AND TRUCKS Item Before City Commission: The City Commission is requested to award multiple contracts to firms as listed below for cars and trucks, at a total cost of $415,448.62. Per the Budget Office, funding if from: ( ) . Backqround: Funds were placed in the FY 90-91 budget for vehicles for various departments and divisions under the direction of the Vechicle Maintenance Division of the Support Services Department. Vehicles are available via Florida State Contract and Collier County Contract as listed on attached work sheets. Recommendation: Staff recommends multiple awards via Florida State Contract and Collier County Contract to dealers, as follows: Vehicle Dealer Q..tY Total Cost Police Pursuit Sedans Duval Motor Co. 13 $ 172,718.00 Mid-Size Sedan Ed Morse Chevrolet 1 9,170.67 Large Mid-Size Sedans Duval Motor Co. 4 42,856.00 Sub-Compact Sedans Don Reid Ford 16 127,504.00 Large Utility Vehfcle Bill Bryan Jeep 1 14,585.23 3/4 Ton Pickup Jack Wilson Chevrolet 1 13,584.00 Compact Pickup Steve Hull Chevrolet 4 35,030.72 $ 415,448.62 Attachments: Fleet Listing / Replacement Schedule Contract Work Sheets CC: ROBERT A, BARCINSKI JERRY RUDE rW.~ '101 . , CITY OF DELRAY BEACH FLEET LISTING/REPLACEMENT VEHICLE POLICE DEPT. FUNDING AVAILABLE $423.696 VEHICLE OLD NEW EST. REPI. # VEHICLE REPLACEMENT LIFE YEAR ---------------------------------------------------------------- ---------------------------~------------------------------------ 1803 88 DODGE/DIPLOMAT 91 FORD/CROWN/VIC 3 1994 1804 88 DODGE/DIPLOMAT 91 FORD/CROWN/VIC 3 1990l 1805 88 DODGE/DIPLOMAT 91 FORD/CROWN/VIC 3 1994 1806 88 DODGE/DIPLOMAT 91 FORD/CROWN/VIC 3 1994 1808 88 DODGE/DIPLOMAT 91 FORD/CROWN/VIC 3 1994 1810 88 DODGE/DIPLOMAT 91 FORD/CROWN/VIC 3 1994 1811 88 DODGE/DIPLOMAT 91 FORD/CROWN/VIC 3 1994 1812 88 DODGE/DIPLOMAT 91 FORD/CROWN/VIC 3 1994 1817 88 DODGE/DIPLOMAT 91 FORD/CROWN/VIC 3 1994 1716 87 FORD/CROWN/LTD 91 FORD/CROWN/VIC 3 1994 1710 87 FORD/CROWN/LTD 91 FORD/CROWN/VIC 3 1994 1709 87 FORD/CROWN/LTD 91 FORD/CROWN/VIC 3 1994 1604 86 DODGE/DIPLOMAT 91 DODGE/RAMCHARGER 5 1996 1605 86 DODGE/DIPLOMAT 91 FORD/CROWN/VIC 3 1994 1515 85 FORD LTD 91 FORD/ESCORT 5 1996 1516 85 FORD LTD 91 FORD/ESCORT 5 1996 FIRE DEPT. 7809 78 CHEVY/NOVA 91 FORD/TAURUS 7 1998 8302 88 DODGE/DIPLOMAT 91 FORD/TAURUS 7 1998 8307 83 DODGE/OMN I 91 FORD/TAURUS 7 1998 8306 83 DODGE/OMN I 91 FORD/TAURUS 7 1998 BUILDING INSPECTION 206 83 FORD/FAIRMONT 91 FORD/ESCORT 7 1998 393 83 FORD/FAIRMONT 91 FORD/ESCORT 7 1998 380 83 FORD1FAIRMONT 91 FORD/ESCORT 7 1998 391 83 FORD/FAIRMONT 91 FORD/ESCORT 7 1998 386 83 FORD/FAIRMONT 91 FORD/ESCORT 7 1998 395 83 FORD/FAIRMONT 91 FORD/ESCORT 7 1998 CODE COMPLIANCE 382 83 FORD/FAIRMONT 91 FORD/ESCORT 7 1998 390 83 FORD/FAIRMONT 91 FORD/ESCORT 7 1998 388 83 FORD/FAIRMONT 91 FORD/ESCORT 7 1998 387 83 FORD/FAIRMONT 91 FORD/ESCORT 7 1998 392 83 FORD/FAIRMONT 91 FORD/ESCORT 7 1998 'i~ PAGE 2 VEHICLE OLD NEW EST. REPL # VEHICLE REPLACEMENT LIFE YEAR ----------------------------------------------------------------- ----------------------------------------------------------------- PARKS AND RECREATION 776 83 FORD/LTD/WAGON II 91 CHEVY/CORISCA 7 19~~8 719 85 DODGE/DIPLOMAT 91 FORD/ESCORT 7 1998 720 85 DODGE/DIPLOMAT 91 FORD/ESCORT 7 1 H!l to 91 3/4 TON (NEW) 10 2001 91 HONDA ATV (NEW) 5 ] 9 ~)f~ UTILITY BILLING 221 83 FORD/RANGER 91 CHEVY/S-10 7 1 9 ~Hl 223 83 FORD/RANGER 91 CHEVY/S-10 7 1998 225 83 FORD/RANGER 91 CHEVY/S-10 7 1998 WATER TREATMENT 430 83 FORD/FAIRMONT 91 FORD/ESCORT 7 1998 WATER DISTRIBUTION 410 83 FORD/RANGER 91 CHEVY/S-10 7 1998 ----------------------------------------------------------------- ----------------------------------------------------------------- A TOTAL OF (41) VEHICLES TO BE PURCHASED: (13 ) 1991 FORp/CROWN/VIC (1) 1991 DODGE/RAMCHARGER (16) 1991 FORD/ESCORTS (4) 1991 CHEVY/S-10 P/U TRUCKS (4) 1991 FORD/TAURUS (1) 1991 CHEVY/CORSICA (1) 1991 CHEVY/3/4 TON C2500 P/U TRUCK (1) 1991 HONDA/ATV .. FUNDING AVAILABLE $423,696.00 TOTAL EXPENDITURES $418,858.62 FUNDING LEFT $ 4,837.38 STATE OF FLORIDA Contract #070-400-400 (35) Page-194 Large Utility Vehicle (4x2) Dealer: Bill Bryan Jeep, Mount Dora Make & Model: Dodge Ramcharger AD150 Base Price $13,670.23 Options: 2002 - Transmission oil/air cooler - 54.40 5001 - Air Conditioning - 710.60 5006 - Additional Dome Lights - 45.00 9903 - Spotlight - 105.00 $ 915.00 Total Unit Price: $14,585.23 (1 - Police Department) '1'1 STATE OF FLORIDA Contract 1070-200-230 (26 sedan) page-81 Mid-size Vehicle, 4-dr. Sedan (FWD) Dealer: Ed Morse Chevrolet, Lauderhill Make & Model: Chevrolet Corsica Base Price $9,170.67 Options: None Total Unit Price: 9.170.67 Total Cost - $9,170.67 (1 - Parks Dept.) STATE OF FLORIDA Contract 11070-200-077 (23-sedan) Page-71 Sub-Compact Vehicle, 4-DR Sedan (FWD) Dealer: Don Reid Ford. Maitland Make & Model: Ford Escort Base Price $ 7,969.00 Options: None Total Unit Price 7,969.00 Total Cost - 16-Vehicles = $127.504.00 (2 Police Department) (6 Building Inspection) (5 Code Compliance) (2 Parks Department) (1 Water Treatment) ,hi . - STATE OF FLORIDA Contract 11070-500-420 (5) Page-251 3/4 Ton Pick-up Truck(4x2) Dealer: Jack Wilson Chevrolet, St. Augustine Make & Model: Chevrolet C2500 Base Price $11 ,236.00 Options: 2005 _ Heavy duty Trailer Towing Equipment 166.00 5001 - Air Conditioning 597.00 8006 - Long Cab 1,160.00 5005 - Rear Seat 425.00 Total Unit Price $13 , 584 . 00 (l-Parks Department) '" . STATE OF FLORIDA Contract #070-200-310 (27-A Sedan) Page 092 Large Mid-Size Vehicle, 4 DR SDN Dealer: Duval Motor Company, Jacksonville Made & Model: Ford Taurus Base Price $10,714.00 Options: None Total Unit Price: $10,714.00 Total Cost - 4 Vehicles = $42,856.00 (4 - Fire Department) . . - .. . , COLLIER COUNTY SHERIFF's OFFICE Contract IICCS091-003 PURSUIT VEHICLE, LARGE SIZE, 4-DR SEDAN Dealer: Duval Motor Company, Jacksonville Make & Model: Ford Crown Victoria Base Price $11 ,830. 00 Options: 5004 - 50/50 Split Seats - 360.00 5005 - Vinyl Seat - 62.00 5011 - Power Windows - 240.00 5008 - Tilt Steering Wheel - 190.00 5009 - Remote Trunk Release - 64.00 5010 - Map Light - 15.00 9901 - Spot Light - 65.00 $12,826.00 Duval Discount 100.00 $12,726.00 9916 - Extended Warranty 560.00 Total Unit Price $13 , 286 . 00 Total Cost 13 Vehicles $172,718.00 (13 - Police Department) ;11 . . . "- . . STATE OF FLORIDA Contract 11070-500-140 Page 232 Compact Pickup Truck (4x2) S-10 Chevrolet Dealer: Steve Hull Chevrolet, Jacksonville Make & Model: S-10 Chevrolet Pickup Base Price $7,863.00 Options: 2002 - Transmission Cooler - 96.00 4001 - Power Steering - 225.50 5001 - Air Conditioning - 573.18 $ 894.68 Total Unit Price: $ 8,757.68 Total Cost - 4 Vehicles = $35,030.72 (3 Utility Billing) (1 - Water District) '. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER l~ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ACCEPTANCE OF REPORT OF APPEALABLE LAND USE ITEMS DATE: January 22, 1991 This item is before you for acceptance of the report of decisions made by the various development related boards during the period of January 4th through January 28th. The following actions were considered during this reporting period: Site Plan Review and Appearance Board: -Approved site plan for Jiffy Lube on Wal-Mart outparcel (7-0 vote) . -Approved elevation plan (5-2 vote) and landscape plan (unanimous vote) for Blockbuster Video at Delray Town Center. istoric Preservation Board: -Approved site plan for Pineapple Cottage (proposed conversion from residential to professional offices) and subsequent variance ~ ~161ql 5j)ECtAL mEEl1 n(;- Planning and Zoning Board will meet on January 28th. The items scheduled for consideration will either be forwarded to you separately or reported at your February 12th regular meeting. C I T Y COM MIS S ION DOC U MEN TAT ION TO: ALISON MACGREGOR-HARTY, CITY CLERK ~ j~\J<W- THRU: DAVID J. KOV CS, DIRECTOR D~PARTMENT OF PLANNING AND ZONING /aOI)~~ {d~ FROM: ;/ JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF JANUARY 29, 1991 REPORT OF APPEALABLE LAND USE ITEMS JANUARY 4, 1991 THRU JANUARY 28, 1991 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 January 4, 1991, through January 28, 1991. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: l. 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. Site Plan Review and Appearance Board meeting of January 16, 1991: l. Approved by a vote of 7 to 0, the site plan for Jiffy Lube at Wal-Mart located on the west side of Military Trail, south of the Linton Promeade. Concurrently, the Board also unanimously approved final landscape and elevation plans. '101 . city Commission Documentation Report of Appealable Land Use Items January 4 through January 28, 1991 page 2 2. Approved by a vote of 5 to 2, the elevation plan and by a unanimous vot~ approved the landscape plan for Blockbuster Video at the Delray Town Center which is located at the northeast corner of Linton Boulevard and Military Trail. No other appealable items. Historic Preservation Board meeting of January 16 1991: 1- Approved by a vote of 7 to 0, a request for site plan approval for Pineapple Cottage to allow the conversion of a residential use to a professional office in the Old School Square Historic Arts District. In conjunction with this petition, the Board unanimously approved the following variances to allow: - a reduction from six to three parking spaces; - a reduction from 25' to 21; for the depth of parking spaces adjacent to an alley; and, - elimnation of the rear and side yard setback requirements to allow encroachment of a trellis. Associated with this item the Board also recommended to the City Commission, that certain waivers be granted. Consideration of the requested waivers will be before the City Commission as a separate agenda item. No other appealable item. Other items acted upon will be before the City Commission on January 29, 1991- planning and Zoning Board meeting of January 28, 1991: The items scheduled for consideration by the Planning and Zoning Board will be either forwarded to the City Commission as separate agenda items or reported at the February 12th City Commission meeting. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Maps JA/#50/CCACTION.TXT "" . LOCATION HAP Blockbuster Video at Delray Town Center Jiffy Lube at Wal-Mart 1", JJH) PINEAPPLE COTTAGE H INORTH m. lIE:" --=-- m" .... !..... WATER II " I ..~. t.. ': r.;1 PLA~T ~ :: I :. ., ~_; _~ j~ fTh. ~ ~ llC. ~ . ~ ~ ~ ~ .. '~: . l]t'uffi~ ... . ~ ~ .. ' ~ ,.. 'I'~ ... ' - -;-f_: -.J_--1 1 I .J I '<"I ; r tIC' , ~ I ,I C' . . -.' CITY 1 ;,: .' --;~-.' < 1..' '~;;J_bd: -' HAL l --~. -1 --_-;..J - .--.:-~ . J ~-v ~~l!fCl!.l . 51 I. sa' "6' t . ...,. · ~a- " I I ~ ~,. f - I"'? --, "-0 , . . 9J --.. " ~-.~. ~ . u. '.: ~~fb' -4_~ I !~:~. I . .:iJ4'" I . I 6' . -- . -". ... .... J ~=tJ '1 ".--~) t~- " , .. ~. ...,. $ '/, ~.~ ' . . J -.-;~- - - .~--- I (;J' . :-.: i ~ ~ .L' .. , ,-:...3 .'. ,,: ~ : , S. ~ . c ~., . . ~:l" ~ .. CCM Ml]\J I C=~~21 . . J' .~ -:.n ~~'~; J ~ ~' CEmER +-~~~I PUBLIC ! 1t> >~ ~L; l~~lM. 6 5'7 -ij(>:--1< J -76--"-84,/ :-'-cW: "8310 ~~ 68 i _~ _~ I ~L_ .-:-'_--4 f.-~ ' ~ ~ ... I" I r- f i " : ~ ' ,. .- -- - -- - t-.....: I,. _ -----'IN l t : J SCHOO' Lt-; : ~ t' .JL ,'L;.li :;.~ :. -'-'--~~ ... ...U ~.. __ IR'.~__. ~ 16 13141516 ~1~L.Lt.i; i ~~..:.,..,-l/ f~ .ii,,~:'~~"l f~Ji l. . . ... f't . to ." L..:-....L...:- .... 'I. t. L_ .- --- -~1~---- "~TL,4N'r(C - --... .... I 'I": .y- . ,~.~.. rc-r'~r--- -. ~ . ..l L I 1.1 I. . . . f. .'. ". i;. ., " ,t. I J I . . &,:J ~t;; P=i-lJ ~ & ~ MEMORANDUM f}~ ~ ~ ~ ' TO: MAYOR AN~ CITY COMMISSIONERS tiJ ~ ~ if)- ? FROM: CITY MANAGER!lJ1 0- ~ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 APPEAL OF PLANNING AND ZONING BOARD ACTION DATE: January 22, 1991 The Planning and Zoning Board at their December 17th meeting heard a request for the modification of the Planned Commerce Center (PCC) Master Plan for the Delray Park of Commerce located in the northeast corner of the intersection of Congress Avenue and Lake Ida Road. The modification request included an amendment of the Master Development Plan to change the use on Tract R2 from "Office Center" to "Light Industrial" and to amend the concept site plan to provide for three development phases on Tract R. Tract R1, to be developed in phase three, would remain Retailj Tract R2, to be developed in phases one and two, would become Light Industrial and consist of three buildings. The proposed Conceptual Site Plan modification which provides for three different sites within Tract R is not consistent with the overall design and concept of the Delray Park of Commerce. While this incompatibility might be mitigated by specific design criteria, no such criteria was included in the modification request. Additionally, there has been a significant problem in obtaining proper legal documents normally required for a submission and in obtaining adequate exhibits. It should be noted that a full site plan has not been submitted- we are dealing only with the conceptual plan. Additionally, letters of agency have not been received from the owner of a portion of Tract R. While the Planning and Zoning Board, along with staff, are receptive to the requested change in land use designation, both desire that mitigating measures be assured with respect to character of the development with particular attention to the elevations which face Lake Ida Road and Congress Avenue. It is also appropriate that the conceptual site plan show development of Tract R without a stand alone retail use. Therefore, it is recommended that the portion of Tract R identified for retail use, be combined with Tract N for a unified retail development. Also, the conceptual site plan should be very specific as to the manner in which protection will be afforded to the Slash Pine stand. The Planning and Zoning Board at their December 17th meeting, reviewed this item and unanimously denied the request without prejudice. A detailed staff memorandum is attached as backup material for this item. . C I T Y COM MIS S ION DOC U MEN TAT ION TO: (JSON MACGREGOR-HARTY, CITY CLERK W \ \J \.JW- FROM: D ID J.~~S, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 29, 1991 APPEAL OF PLANNING AND ZONING BOARD ACTION RE MASTER PLAN MODIFICATION FOR THE DELRAY PARK OF COMMERCE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of reversing a Planning and Zoning Board decision and approving a modification to the Master Plan Modification for the Delray Park of Commerce (PCC). The Delray Park of Commerce is located in the northeast corner of the intersection of Congress Avenue and Lake Ida Road. The appeal has been filed pursuant to LDR 2.4.7 (E) (1) . A copy of the appeal letter is attached. BACKGROUND: A modification to a PCC Master Plan requires a new Land Development Plan (use allocation) and Conceptual Site Plan. These two items were before the Planning and Zoning Board on December 17, 1990, at which time they were denied. The Land Development Plan (use allocation) modification requests that a portion of Tract R (southwest corner of the Park) be changed from Office to Industrial. The Conceptual Site Plan modification shows the replacement of a single office building on Tract R with, at least, two industrial buildings. It also shows the northern portion of Tract R being developed as a stand alone retail building. There is a substantial amount of documentation in the file as to processing of the requested Master Plan Modification. A portion of that material - a chronology of contacts and the Director's comments on the plan submittals are attached as is the P&Z Staff Report. City Commission Documentation Meeting of January 29, 1991 Appeal of Planning and Zoning Board Action Re Master Plan Modification for the Delray Park of Commerce Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at it's meeting of December 17, 1990, and on a 6-0 vote denied the requested modifications without prejudice. The phrase "without prejudice" allows the request to be resubmitted at the owner's convenience. The Board's action was taken based on the following: 1. Without specific mitigation measures/criteria, the location of industrial use on Tract R is incompatible with the character of the Park and the City (the Board noted that the south and west building elevations did not convey an office image); 2. That the maximum effort has not been made to protect the Slash Pine stand; 3. That the development of Tract R with three or more buildings is not consistent with the Park's concept. COMMENT/ASSESSMENT: The appeal letter offers that approval be granted and conditioned upon replatting, protection of the Slash Pine stand, and obscuring of the proposed loading dock. Problems with the proposed conditions is the lack of definition of "protection" of the Slash Pine stand - the exhibit shows a significant number of the pines being destroyed and a nearly complete disruption of the habitat. Also, the proposed conditions do not address the number of buildings, the free standing retail use on the north portion, and the character of the industrial building elevations as they relate to Congress Avenue and Lake Ida Road. In addition, as can be seen by the chronology, there has been a significant problem in obtaining proper legal documents normally required for a submission and in obtaining adequate exhibits. Please note, that a full site plan submittal has not been provided - we are dealing only with the conceptual plan. Still, as of this writing, letters of agency have not been received from the owner of a portion of Tract R. The Planning and Zoning Board (and staff) is receptive to change in land use designations to accommodate the industrial use. However, both desire that mitigation measures be assured with respect to character of the development with particular attention to the elevations which face Lake Ida Road and Congress Avenue. Also, it is appropriate that the conceptual site plan show development of Tract R without a stand alone retail use (however, the northern portion of Tract R can be combined with Tract N for a unified retail development). Additionally, the conceptual site plan should be very specific as to the manner in which protection will be afforded to the Slash Pine stand. City Commission Documentation Meeting of January 29, 1991 Appeal of Planning and Zoning Board Action Re Master Plan Modification for the Delray Park of Commerce Page 3 Given the condition of the submission materials, it is appropriate to follow the Planning and Zoning Board's action and deny the current submission but be receptive to a we 11 prepared submission. RECOMMENDED ACTION: By motion, rejection of the appeal request and confirmation of the Planning and Zoning Board's findings and action of denial without prejudice. Attachment: * Appeal letter of January 3, 1991, from ROPAL, LTD. * P&Z Staff Report & Documentation of December 17, 1990 * Kovacs correspondence of November 21st to an agent DJK/#75/CCROPAL.TXT ~Yk 1300 Park of Commerce Blvd., Suite 255 (Congress Avenue at Lake Ida Road I Delray Beach, Florida 33445 1407) 265.Q900 January 3, 1991 FAX: 243.8326 Clerk of the City of De1ray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Sir: Please be advised that Ropal, Ltd. hereby appeals to the City Commission from the action of the planning and Zoning Board which on December 17, 1990, denied the request of Ropal, Ltd. for a change in the Land Use designation on the Master Plan of the Delray Park of Commerce and for a change in the Conceptual site Plan thereof. The appeal is based upon the fact that the intended use will not offend the purpose or scheme of the Delray Park of Commerce and that it will bring employment and Assessable Value to the City of Delray Beach. Any infirmities in the application submitted can readily be cured by appropriate conditions that can be imposed as a part of the approval process. The relief sought is the approval of the application as filed in order to enable petitioner to construct a distribution and test- ing facility for Jaro Components, Inc. a distributor of electron- ic components. We understand that Tract R in the Park of Com- merce must be replatted and would request that approval be condi- tioned upon replatting, protection of the Slash pine stand, and obscuring of the proposed loading dock. This application is made by Ropal, Ltd., which holds an option to acquire the land of Burton Metsch and with the concurrence of Burton Metsch and Arthur Gladstone, the owner of the retail portion of Tract R. Respectfully submitted, Ropal, Ltd. By: The Resort at Indian Spring, Inc. General Partner Kf:Ct IL~D 1\ 3 \C? I 'PL~N'l NG 8. ZON I NG BOARD --- STAFF REPORT --- CITY OF OELRAY BEACH MEET ING DATE: December 17. 1990 AG~ l1EM: TV R ~ Ilr~: Master DeveloDment Plan Modification for The Delrav Park of Commerce. ~, .~'.'i-:.:~l \O '\: ~, '~. ".'''H6'''u..., . 'L,; , .:Y;' ~r r:-;':,ft r::j \' \ :"'.:...;'.o:t :::;;,9.H.Ast;,:tm-.~'-'~:,/ t,,'r~....}. f"r~l.(l I.... ., . .,-~. 'f, "l_t..I'~;;"1 !,o"'-!, , ':-~ ,..-- ....1').../41 "-~"'- :. .~:':., :.,.' I' .. ;'o/~L= o~;"""f' ,PG.12~ ...o, ,..,{~,(.1u; f\f'IY':CAKE. illU.;'~'''' "=-t':... 125 :;;::-f":;~ .:. ,.....:,-. ....... I ..:..' .. ......~1'...!?..:...- ". ,,,:..~t7. 1, ,-..........',.:. '!;:,J.. \ '\ ~.': -,'A.'_~""CI'."""~-':"'" "'1 .... ":,. ~:~:,;.;_~: it;~. " ~.:.ot'I~ ~J:-:: ..::~~_~'JU ~;~'/ PHA&r' ;V....'.. . rpe,jIl J'---"""",,'___'.:," i r ~ ;,.': ~ .~~ , .'.'!IS _I&e.: .,.,.o.o'. i - - u' .~.) i :~ ~~~:'?"-~;J;i ~ ; J~___~'~: :o~ J.~~' ...- ~.L:;S:~:~:?,!;toaiO~o (' r1~!tl~~eRriootj, , 0.. {";_ _\. ~.'_~ ;:--: . ......' _. ,i ~.f;A 1( t:., ~ /' I . i:'i.::\ .o..:..::.;;-j" >. 1.-:..::..dI i". ,tiA~C' '.0<:.' . , / -;- - -mi.- :,' i:!.J",,-:'i~.;,;;-I, .[' --]o~'5'f' '",' ,,, . t .1t.:. .lI1 ..~. /. ,",,_5>'.-: lLt, ~. Ii" .'. .~9-4&9 I." . z , .--" ... ...- . ," ~ ..' ~ -, " :-:-,~. o~..\~ .....::,t:.;o .;',.", ..~.' .~. .. 'I> ., .. "1'~'::" ~. ""'------4. ,,'"}.o" j,l: .)., ~. . _.:~j~ . ---- -i. ;~L.; ~. ~ - ~r.- ~.';,o~~-, ""-'""1 ...," 0 ~: .. ! t' @ ,-_-'- :~- . . \1 .? .,...... .'..,. '. . . . . . . , 'j~<' /""t".'-"J N ~.h...____: .. ,':. ~.d..~ ",. 'o ,'0' :"::I.:,,-"~.;..~ / / :....' ..:-....... '1:,.. ,": ................. '!''':,,~.{'~~;~.. 'o' 'o,' . : ,71 '. ,:...~,~." "{ r . . , I ... -. /.- ~~tIO" "'1~ ~rf . GENERAL DATA: \ Owner.......................... .Ropal, LTD Agent... ........................Bob Fetrow, Gator Engineering Location........................Northeast corner of Lake Ida Road and Congress Avenue Property Size...................4.4 Acres (Tract R-2) City Land Use Plan..............Commerce Park of Commerce Designation....Office Proposed Designation.... ...... ..Industrial city Zoning.................... .PCC (Planned Commerce Center) Adjacent Zoning.................North, East, and South of the subject property are zoned PCC, West is zoned POC (Planned Office Center) . Existing Land Use............. ..Vacant Land Proposed Land Use.............. .Light Industrial Uses Water Service................. ..Existing along Park of Commerce , Drive IV.B. I Sewer Service.................. .Existing along Park of Commerce ITEM BEFORE THE BOARD: The item before the Board is that of considering a change in Land Use designation on the Master Plan and a change in the Conceptual Site Plan which has previously been approved for Delray Park of Commerce. The Land Use Modification request involves approximately 4.4 acres, which is a portion of Tract R, lying at the corner of Lake Ida Road and Congress Avenue. The land use designation which exists is "Office Center", the requested designation is "Light Industrial". The Conceptual Site Plan Modification involves the splitting of the original Tract into three separate building sites; two for "Light Industrial" use, one of a stand alone "Retail Facility" DIRECTORS NOTE: This submittal has been accepted for processing at the expressed wishes of the applicants even though the submission was not sufficient for a cle~ understanding of the impacts of the request. The applicant nas severe time constraints and desires disposition of the request. BACKGROUND: Delray Park of Commerce was approved under the PCC Regulations in 1985 at which time the property was rezoned from RM-lO. At that time a Master Development Plan was approved. Subsequently the street and utility systems have been installed and three tracts within the park have been developed; one is under construction, and while site plans had been approved on some of the other sites, they have become void because of inactivity. In 1988, the PCC regulations were revised, in-part, because of difficulty in their administration and in-part to accommodate some specific requests from the owners. The revisions required that approved PCC's bring in an updated Master Development Plan (MDP) and that it be processed as a site plan amendment. An amendment was made at that time, to change approximately 3 acres in Tract N1 from Retail to Office. The amendment also changed Tract N2 from "Restaurant" to "Retail" along with a one acre portion from Tract R. However, there was no subdivision of Tract R, so at present Tract R has one acre as retail and 4.4 acres as office. P&Z Staff Report Delray Park of Commerce-Tract R Page 2 The request before the Board now is to amend the MOP to change the use on Tract R2 from "Office Center" to "Light Industrial" and to amend the concept Site Plan. The Conceptual Site Plan modification is to allow three phases in Tract R, Tract RI (Phase 3) remains Retail, Tract R2 (Phase 1 and 2) to Light ;ndustrial, which in turn would create 3 buildings, 3 ingress/egress points and a change in the boundary lines. PROJECT ANALYSIS: Master Land Use Plan: The PCC Zone District allows up to 50% of the land area with in a project to be designated as "Light Industrial" (4.4.18 (B)(2)). At present Tracts D,E,F,G1,G2 and H are designated for Light Industrial. The current and allowed Land Use Allocations with the PCC are: Tract C~~~ Allowable DeY"Q Designation .Proposal % In PCC Office Center B,C,M1,M2,N1,R2 20.51 AC 46% 50% Light Industrial D,E,F,Gl,G2,H 13.75 AC 31% 50% Service Industry J,K 7.78 AC 17% 25% Retail Center N2, R1 2.60 AC 6% 10% --------- 44.64 AC* ~ *Balance of acres in park ar~W~I~r l"'~,H_l!I .!lftd roadway for a total of 48.9 acres. The proposed Land Use Allocations if approved, as requested, within the PCC is shown below along with allocations per the staff suggestions. Development Development Staff Staff Proposal Proposal % Recommend. Recommend. % Office Center 16.14 AC 36% 16.14 AC 36% Light Industrial 18.12 AC 41% 19.14 AC 43% Service Industry 7.78 AC 17% 7.78 AC 17% Retail Center 2.6 AC 6% 1. 58 AC 4% The change from "Office Center" to "Light Industrial" meets the 50% maximum allowable use in the PCC. However, the question of Compatibility becomes an issue. All of the proposed Light Industrial is located along the railroad at the north east corner of the PCC. Along Congress Avenue the proposed uses are Office Center and Retail. P&Z Staff Report Delray Park of Commerce-Tract R Page 3 The proposed change in use to Light. Industrial would be located at the corner of Lake Ida Road and Congress Avenue. At the rezoning hearings there was a considerable amount of discussion on where the Light Industrial should be placed within the PCC. The consensus was to place the Industrial portion to ~he rear of the park along the railroad and 1-95. Congress Avenue and Lake Ida Road are major thoroughfares through the City where Light Industrial may be an inappropriate use. One way in which to compensate for the Light Industrial in lieu of the Office Center, is to require that the west and south elevations be designed so as to resemble an office building. The Board will have to decide if this use is compatible with the surrounding property in the park and for the City as a whole. Another problem in placing Light Industrial in this location is the restriction of overhead doors facing a right-of-way (in this case) Park of Commerce Boulevard). By subdividing the parcel, Tract Rl will become a stand-alone building for a Retail use. By creating such a small parcel, it limits the way in which the parcel may be developed and creates an access problem. The parcel is not conveniently located to an external road system and there are no median cuts in the internal road system. Light Industrial would be more appropriate use for this parcel and could be incorporated with balance of the Tract R (See Staff's recommendation in the proposed Table on Page 2). A further problem which lends credibility to the above suggestion, is that a stand of approximately 100 Slash Pines is located in Tract R. By having uniform use over Tract R, . better site planning can be achieved. When R1 was designated for Retail, it was anticipated that it would be combined with N2 for a unified development. Apparently this is no longer feasible. CONCEPTUAL SITE PLAN: There are 3 major concerns which accompany the Conceptual Site Plan. They are: ~~~ Ie 1 subdivision of Tract R: As previously stated, Tract Rl has not been legally subdivided. The plat provides for one Tract - "Tract R". The legal description which accompanied the application, conveyed Tract R1 as a separate parcel. As it stands today, the City does not recognize Tract R1 as a separate parcel. Also, as of this writin~proper legal documents attesting ownership and ownership consen have not been received. If these documents are not in-hand on Monday evening no action should be taken. P&Z Staff Report Delray Park of Commerce-Tract R Page 4 ~Q<- ~vJ- ~,fl Three Structures: ~ -...A ;:J The proposed Conceptual Site Ian modification provides for three different sites within Tract R. The existing concept would have provided one retail complex and one office complex. Pevelopment in smaller individual sites creates additional points of access along Park of Commerce Boulevard, and 3 structures is not consistent with the overall design and concept of the Delray Park of Commerce. Master Landscape Plan: The Master Landscape Plan was approved by the City Commission on April 8, 1986. One of the~ conditions, added at the Commission meeting, was that the developers of Tract R be sensitive to the existing stand of Slash Pines, and that every effort be made to preserve and protect this important stand of trees to the maximum extent possible. A majority of the existing trees are proposed to be removed with the location of the building. If the parcel was not subdivided in the manner in which it is proposed, a majority of the trees could be saved. COMPATIBILITY WITH THE FUTURE LAND USE MAP: The subject property has a Land Use Plan designation of Commerce. The Zoning district of Planned Commerce Center (PCC) is consistent with this land use designation. CONCURRENCY: A master water/sewer/drainage plan was prepared for the park, and those improvements have been installed. The traffic issues were resolved at the time of approval for the park, and the PCC is vested. COMPATIBILITY WITH ADJACENT PROPERTIES: The approving body must make a finding that development of the ~~ property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a ~ whole, so as not to cause substantial depreciation of property values. Tract R2 as proposed as "Light Industrial" is not compatible with the adjacent parcels internal to the park or as the City as a whole. While this incompatibility might be mitigated by specific design criteria, no such criteria is included with the modification request. ". P&Z Staff Report Delray Park of Commerce-Tract R Page 5 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Master Development Plan and Conceptual Site Plan is approved, a full site plan submittal will follow. The proposed site plan must comply with the L.D.R. 'so There are obvious problems reflected in the Conceptual Site Plan e.g. overhead doors facing a right-of-way, failure to preserve 25% of the Slash Pine vegetative community. ALTERNATIVE ACTIONS: 1- Continue with direction. 2. Deny the modifications. 3. Approve the modification to the Land Use Map either by: a. Per the request b. Per the staff suggestion and deny the modification to the Conceptual Site Plan 4. Approve the modification to the Land Use Map and approve the conceptual site plan but with comments and conditions pertaining to: a. Number and location of points of access b. Disposition of the slash pines c. Number and location of structures d. Character of architectural elevations to the west and south. RECOMMENDED ACTION: By Motion: Deny, without prejudice, the requested modifications in that without specific mitigation measures/criteria, the location of light industrial on Tract R is incompatible with the Character of the par~ and the City; that the maximum effort has not been made to protect the Slash Pine stand; and that the development of Tract R with three or more buildings is not consistent with the Parks concept. REF:#4/DELRAYRl.TXT ~ \~ ... ~ 0 V'I y- -< 0 m 0 < ", m ,.. \ , r- ;Q \ .\ ~ :> 00( \ z 0 ;Q , -. -. \' . ", - :t -" .. . *0 20 oZ \ ,.. nO :> >rn \ ~ j: """1:1 t::-. ...c n >:> =: z"" . :1:"1:1 ~ ~): :: l ~ i "~~ . .. CD Z o '" ~ 'Z I > I ... .. ... ... 0 ~___J ( < ~ 8 1ITTlV>JmTT11 " : <. ~ I . I -4 :J: ", zo ." I 00 2 Z , -.z C) $ , :>Q rn '" " V'I m <"1:1 0 V'I '1 :>-4 V'I I -r- ... ~ 0 > .:> ", ,< I ~ ,.... .... m I ;." ... Z ,.. > c ~ -< I m Z Z . ~ 0 ;Q -4 :t crOUNT AINS '\fAY ~ ~] -- - , -4 :;on I "'> . ~n Z. E-f , I I ) I I I I I -...- -- I .v ?O y )> r .... " - - -- Vl r- I ;::0 - 0'1 -;. ~" rn >.~ -i ~ ~ > ~ r- ~> O. O. -n (') con -n Z ~ 0 , >~ -" ;:0 ;::0 m ~- n z -n ~;t> -z rn ~ Om 'fn m N In ~ , ;::0 ;::Om .> -(. > VlZ ~ ~-i n Z m ;::0 , . -; . . ,)> -I \ : . . - )> '" :. \ r- . '. ; '--1: w ~~~ __ ' , . - : 'I " . - .0: ".-- ~ ." '7'" I 1: ~ . . ;J>. .4.-, . 'lJ ^ 'l I' -" . 'r- :x: \ / ' --'-+ m ~ \ C "':t:J)> , \ \' :x:r . ~ 0 " -.... ):,. '" . , . / " . ~ ~, () . :: - . . I, 'J>'::>" --l . ~ / \ c:::o _.' v, ,', '~ . . ~ -l \ \.. ~- -t. I ~ ~ ~ . J(,'J):::o. 1> I 3: (): w)>> \ .;n.:x: _ m . ~ ':. . lD,C". P )> 0 'N n ' "'- I' ~ '() 0 l> . \ ..."'. , '" ;;<J m >-1 <:J -; '" Vi Z \t. \ :;;. :::0 c:! -i' o:l ~ r- :'b ~) m ;J>. li ' - - - ...:... ;;<J -- I . ~ ~ r- .. _______ I " ~ I" , :z. t I:~. rr I . . "'t / / . . . > -- -- ~ ---LAKE i~_ ~ -- _. . ~-- ----------- ......... . -'-- I .~ ~ '-' ----! .., Y ---j --, ~ -', , ~ --, ---j - -- --- -; - - -~ - ~:> - - -4n - t::::: ~-; - - I '-' - z - I - ~ c: - - - - - c:: ,. - - ... - , - ---- - - .......... - ~"\ - - : ". \ - - I I II - I' - . - - - - - - r=: - - - - - - - - t= - - =-1 , I , - - - '=:1 I - =:1 I - - l\) - 0 c~ l= -0 =:J - ~ . 0 - r-. - 0 =j - G) :ti - :x: (I) - ....'1)' p ("" , - r-)> -- - - -~ -r, - ~(') ...... 'c dl ~v, - Dn, ~-; .- - - "';0 . . . . - - . [JOO+HHfHH+1J - -\ I .....'" - (\1 ::O'o",.J - r - - ~ - .r- 0 - :D, '-- .~.. , . . . ~-,- - -- . J . ---- ~ LAKE IDA ROAD of- - - :::::::--=::::: ----.. J \ '- "'~< :-r \ \ ~ - - -' .".':'. \ L -\ ~ - \ '';0 , .' , - - - ~< 1\ \- _ _ \ - --1 \~ 1 ~..\ \ C.:l =~ \\-n Tn 1\1'- -I-n T 11\ "'. ,'_ ."_ .c-::J \ \ I \ \ \ I --- \ 'l'3l!'1 ~loll)Cll'fd - 0 \\ - '" \ ~ ~ ; \ ~ ci I' ~ ,. >< Q >< ... >< ... >< .. \ \ \ \ \ \ - \.-- --~..\ -- \ \-"~ / II ~ ~ ~ -:J. C ,0.0' OC. ~ ~\ 0" 0... o (. 0 - I >-.l ." 7' \ ~,' , ~ --\ ~) AU. "llES ~;. "ol: 0':- '" ,,::, . . ~ \-- L -" o. ! 0 ~ . \ \-- ~/ ') I' ~ (1~ i;.. ... -oi~ 0 .::: .> ~ -" "__1" '",0 \ I' ~ ~ 0, - ~ > "," \ . ~ . ''''. ~ ~ ',' .~ --\ \.- ~ \ I I ~ ,..\\.-~ . ,'" ,.,. < --\ '\' ~ \ I ' /< . f> ' - ' ----' 'b \ '\' ~lS <:,"" ~" ,~,..- I "'l 'U '- ~ t- -::J4,~ ? c ~ \L 'Y-:' r~ z c ':::.-? \ I " t M \\ (-' - .' ' '.1 1JI ~ 0 L-L - I --- --\' \-~ ---- -~ \ \ ='t s:1r.Jl;' :a:c~ - - ::- - .J \ - - - \ ~~i:"DSCAPE - - -'!.59.93:=' .: ER STRIP - \ \ n", \ 0- :> l3~ , . [ITY DF DELAAY BEA[H -, :.::_....;A r' --?c.;;"C;-. ;"..1_ =,.:(.i~_"':' 3~4..:l4 ICe ::'43,7000 November 21, 1990 Albert N. Proujansky, Attorney at Law Indian Spring Executive Office Building 5160 Southwest 15th Avenue Boynton Beach, FL 33437 Re: Delray Park of Commerce Dear Mr. Proujansky: - This letter is being addressed to you in your apparent role - as the attorney for Ropal, Ltd. which you have stated is now the "developer" of Delray Park of Commerce (DPOC). As we discussed in our meeting of October 30, 1990, the modification of the Master Development Plan (MOP) ( land use and conceptual site plan) for the entire DPOC is a prerequisite action prior to formally processing any site specific development plan. You will be heard on the MDP at the December 17th meeting of the Planning and Zoning Board. In order to be heard, it is necessary to provide the legal documentation which is identified in the attached exhibits. Also, I have identified deficiencies in the submission materials which have, to date, been provided. You may wish to provide more accurate and complete information. Any such additional information should be received by this Department prior to December 6th in order to give us time to assess it and prepare the Staff Report for the Planning and Zoning Board meeting. . Cordially, ( . M-'/~ ,j \Jc,uc~ \ Da id J. ovacs, Direct Department of Planning and Zoning DJK/cm Attachments: * Exhibit re chronology of contacts and events * Exhibit re status of ownership * Exhibit re comments on MOP submission c: David Harden, Cit~ Manage~ '1 . :....; , pro;ect File THE STATUS OF OWNERSHIP INFORMATION REGARDING TRACT R, DELRAY PARK OF COMMERCE 1- The submitted warranty deed identifies Burton and Barbara Metsch as the owner of a portion of Tract R. There is no designation of agency from the Metsch's. 2. Certification from Proujansky that the Metsch' s are owners of the described property. 3. Designation of Fetrow as agent is signed by Robert Steiner, Managing Partner of Ropal Ltd. as the owner. 4. Proujansky letter of November 5th states that Ropal, Ltd. is the "developer" through assignment from Cedarwood. . . NEEDED INFORMATION/DOCUMENTATION: * Warranty deed for all property within Tract R. * Certification of ownership of all property within Tract R. * Designation of agency under the signature of the owners of record for the purpose of modifying the conceptual site plan as it pertains to Tract R. * Copy of "assignment document" as recorded O.R. Book 6326, Page 852 Official Records of Palm Beach County. * Designation of agency under the signature of the owner(s) of Tract R for the site specific development plan for Jora. REF/DJK#DPOCOWN.TXT I CHRONOLOGY OF CONTACTS AND EVENTS PERTAINING TO THE JORA SITE PLAN, A PORTION OF TRACT R, DELRAY PARK OF COMMERCE October 5, 1990 Site plan submittal received (from Fetrow). October 16, 1990 Planning Department rejection of submission citing the need for: * a modification to the Master Dev. Plan * a modification to the Conceptual Site Plan * processing fee of $ 500 * resubmittal deadline of October 26th * notice of discrepancy between the area of site with respect to the survey and the site plan * notice that the owner per the deed is not the owner identified in the title certificate. _ . October 17, 1990 Applicant's letter (Proujansky) providing a statement that the proposed use is to be classified as research and development and also identifies Ropal as a contract purchaser. * Staff note: The owners affidavit is still not showing the owner's designation of agency. October 20, 1990 Planning Department's rejection of justification for classification as a research and development use. In addition, the following items were noted: * the legal description affixed to the warranty deed did not describe that portion of Tract R for which the site plan was prepared * there is an apparent illegal subdivision of Tract R * the owner(s) of all of Tract R need to be signatories to the proposed conceptual plan modification (thus, ownership information on the entirety of Tract R is needed); October 26, 1990 Submittal received consisting of conceptual site plan revision and processing fee (from Fetrow) ; October 30, 1990 Meeting among Mr. Steiner, Mr. Proujansky, Mr. Kovacs, and others with the following determined; * the use is classified as Light Industrial and as such requires a modification to the Master Development Plan; * a modification to the Master Development Plan was not submitted - its form and content was described 1. e. a narrative showing how the intent of the DPOC is being maintained, the changes in land use allocations, and a comparison of the allocations to those allowed per the PCC District regulations; * the need to revise the Conceptual Site Plan to show the inter-relationship among the two portions of Tract R and the need for the submittal to include the current status of all other Tracts as to approved site plans; * that the DPOC Master Development Plan modification must be requested by the Board of Directors (or equivalent) of the Delray Park of Commerce Owners Association; * that the ownership questions previously . . identified need to be rectified; * that there was a significant stand of pine trees on the proposed development site and that these trees needed to be retained or saved to the greatest extent possible and that there is a conflict between this goal and the proposed site layout; * that in order to heard on December 17th, an acceptable submission must be received prior to November 9th; * that prior to action on a specific site plan on a portion of Tract R (acting body is the Site Plan Review and Appearance Board), the Master Development Plan modification and the conceptual site plan modifications must first be approved by the Planning and Zoning Board; November 2, 1990 Submittal of a modified Master Development Plan received (from Fetrow). The submittal consisted of a cover letter and the one page concept plan; November 7, 1990 Receipt of letter from Proujansky stating that Ropal is the "Developer" by assignment and pursuant to the Declaration of Protective Covenants for the Delray Beach Park of Commerce; * Staff note: a copy of the recorded document describing the assignment is necessary; - 2 - I November 7, 1990 Revised site plan for Tract R received (from Fetrow) showing a different footprint, different internal circulation, and different points of access. There was no information provided showing the revised site plan on the conceptual site plan. No cover letter. The submittal did show the location of the pine trees and indicated which are to be retained. REF/DJKt74/DOPC.TXT : - 3 - PLANNING DEPARTMENT DIRECTOR COMMENTS ON THE SUBMITTAL FOR A MODIFICATION OF THE MASTER DEVELOPMERT PLAB FOR THE DELRAY PARK OF COMMERCE Submittal: Single sheet submittal by Gator Engineering received on November 2, 1990. Transmittal letter attached. Needs: 1- Submittal letter under the auspices of the Delray Park of Commerce OWners Association which provides a justification statement as to: - description of the specific change - the basis for the change - how the change impacts the intent of the overall PCC - a comparison table of existing land uses, the . - desired land uses, and the allowable land uses by land use category as allowed in DOPC-PCC 2. The site tabulation on the Plan submittal is incorrect. Tracts G1 and G2 are to be included. The total Light Industrial acreage exceeds 15 acres (12.46 is shown); the percentage of land area exceeds 30%, 25% is shown. The Service Industrial allocations are incorrect. All numbers need to be correct. 3. Specifically address the development impact of the proposed Light Industrial portion of Tract R as it pertains to the need to preserve, to the maximum extent feasible, the existing pine grove stand. I note that our standards require that at least 25% of the native community is to be retained. This means the area of impact and not just the number of trees Le. saving a tree by having it be in a landscape planter is not acceptable in meeting the requirement of preservation of the native community. 4. In this situation it seems that the easiest solution to potential site design problems is to locate the light industrial use further to the south. If this cannot be done, please provide the reasons why. I PLANNING DEPARTMENT DIRECTOR COMMENTS ON THE SUBMITTAL FOR A MODIFICATION OF THE CONCEPTUAL SITE PLAR FOR THE DELRAY PARK OF COMMERCE Submittal: Two plan sheets from Gator Engineering received on October 26th. Transmittal letter attached. One sheet shows existing plan; the other, the (requested) modified plan. Needs: 1. Submittal letter under the signature of the Association. The letter requires an accompanying narrative or explanation of the following: - the relationship between the proposed two parts of Tract R - how the new layout for Tract R meets objectives~of the DPOC protective covenants and design criteria e.g. loading areas not facing a street within the DPOC; lush entryways into projects - how the layout for Tract R accommodates, to the maximum amount feasible, the preservation of the pine grove stand. 2. The plan needs to show all existing conditions (per approved plans) for the other Tracts. The submittal is incomplete with respect to the shading of developed sites. Also, the configurations on Tracts E and K .1-s' incorrect. (~ 3. The site layout for the north portion of Tract R is not the same as on the latest submission of a site specific plan for that portion of Tract R. 4. A letter of agency or agreement with the proposed site configuration on the totality of Tract R must be provided from the owners of record of Tract R. PLANNING DEPARTMENT DIRECTOR COMMENTS ON THE SUBMITTAL FOR A SITE SPECIFIC PLAN ON TRACT R, DELRAY PARK PARK OF COMMERCE Submittal: Original submittal of October 5th with a revised site plan provided on November 7th. Processing: The site specific plan goes before the Site Plan Review and Appearance Board after an approval is granted for modifications to the Master Development Plan. With P&Z Board consideration of the MOP on December 17th and assuming a revised submittal thereafter (if approval is granted) , action on the site plan would occur in February. - 2 - Needs: 1. Previous correspondence identified deficiencies in the the warranty deed, survey vs site plan descriptions, and ownership certification. 2. Resolution is necessary regarding the apparent illegal subdivision. When a plat is submitted it may result in changes to the legal description and boundaries thus impacting the site layout. 3. The revised submission of November 7th is undergoing review by other departments. Comments will follow. I note that the larger issues are those addressed under the MPD and conceptual site plan items. DJK:ll/21 . REF/DJK#67/DPOCMDP.TXT - 3 - . [ITY DF DELIAY BEA[H "- , , r "_ ..-' ~~ 0"':" _~' -14"+ . January 14, 1991 Ropal, Ltd. 1300 Park of Commerce Boulevard Suite 255 Delray Beach, FL 33445 Attention: Mr. Alvin Kaplan Re: Appeal of Planning and Zoning Board Action Dear Mr. Kaplan: This is to acknowledge receipt of your letter of appeal concerning the Planning and Zoning Board's denial of Ropal, Ltd.'s request for a change in Land Use designation on the Master Plan and a change in the conceptual site plan which had previously been approved for Delray Park of Commerce. Please be advised that the matter will be scheduled for con- sideration by the Delray Beach City Commission at the January 29, 1991, regular meeting. The meeting will begin at 6:00 P.M., and will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. Should you have any questions, please do not hesitate to contact me. Sincerely, 0J(W~77 y~~ liufjO )faIt( Alison MacGregor Harty City Clerk AMH/sob cc: City Manager Director of Planning and Zoning THE EFFORT ALWAYS MATTERS . l/d9 /l9E/}f);:}- . ~Yk 1300 Park of Commerce Blvd., Suite 255 (Congress Avenue at lake Ida Road) Delroy Beach, Florida 33445 (407) 265-0900 January 3, 1991 FAX: 243-8326 Clerk of the City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Sir: Please be advised that Ropal, Ltd. hereby appeals to the City Commission from the action of the Planning and Zoning Board which on December 17, 1990, denied the request of Ropal, Ltd. for a change in the Land Use designation on the Master Plan of the Delray Park of Commerce and for a change in the Conceptual site Plan thereof. The appeal is based upon the fact that the intended use will not offend the purpose or scheme of the Delray Park of Commerce and that it will bring employment and Assessable Value to the City of Delray Beach. Any infirmities in the application submitted can readily be cured by appropriate conditions that can be imposed as a part of the approval process. The relief sought is the approval of the application as filed in order to enable petitioner to construct a distribution and test- ing facility for Jaro Components, Inc. a distributor of electron- ic components. We understand that Tract R in the Park of Com- merce must be replatted and would request that approval be condi- tioned upon replatting, protection of the Slash pine stand, and obscuring of the proposed loading dock. This application is made by Ropal, Ltd., which holds an option to acquire the land of Burton Metsch and with the concurrence of Burton Metsch and Arthur Gladstone, the owner of the retail portion of Tract R. Respectfully submitted, Ropal, Ltd. By: The Resort at Indian Spring, Inc. General Partner ~Ecr,IUfj) 1\3 \q I ~:~ ,,~ . . ~F~Jd-- " c~ on IJd.-'1JCiI) . J. <p!{t.;Ifp~ PJ~ to: ~ ~ ~ V 'l- jv f1'-'- uJl M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERf(v1 SUBJECT: AGENDA ITEM # 9t:.. - MEETING OF JANUARY 29, 1991 RECONSIDERATION OF REQUEST FOR RELIEF FROM DEVELOPMENT REGULATIONS DATE: JANUARY 23, 1991 This item was initially discussed at your November 27, 1990, meeting at which time the Commission acted to deny the request for relief from requirements for installation of sidewalk and street paving for Lot 22, Block 6, Silver Terrace (3 to 2 vote, with Dr. Alperin and Mr. Mouw dissenting). At that time the property owner was not represented; thus, she is requesting that this item again be heard by the City Commission. Lot 22 is located about 200 feet south of S.E. 10th Street on the east side of Miami Boulevard. Miami Boulevard is not paved nor are there sidewalks in the immediate area. Provisions of the LDRs require the construction of all improvements (sidewalks/road paving) necessary to accommodate the demands and impacts of a project; a cash payment equal to the current cost for installation of such improvements should it be impractical to physically provide improvements; or a waiver of sidewalk installation; or an "in lieu of" payment. Staff has recommended that the request for waiver or deferral of street and sidewalk improvements be denied; however, that an "in lieu of" cash payment for the cost of improvements along the frontage of Lot 22 on Miami Boulevard be accepted. The City Engineer has calculated the "in lieu of" payment which would be required as $3,000.00. q' (,-6 A ,(Y'I - ,\\ \' cJ' - / ~~..,J- \Lll\C1 \ (1l~' f\'\u /\-,{t:? G<G--- )/ ~i\ 0'fI' ~U--~.\ ~o~- y ~\V . V-- {\ y\. . l/O l.J ". . . . . C I T Y COM MIS S ION DOCUMENTATION TO: ALISON MACGREGOR-HARTY, CITY CLERK ~J~VM~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 29, 1991 APPEAL OF CONDITIONS TO CONSTRUCT STREET AND SIDEWALK SILVER TERRACE (ASTUCCIO - NOWLIN) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of granting of relief from the requirement to construct a street and sidewalk in association with construction of a house on an unimproved street. BACKGROUND: This same request was before the City Commission previously. However, the out-of-area property owner was not represented at the meeting. The property owner, through his representative (Mr. James Nowlin, Jr.), has requested reconsideration of the request so that his client's case can be put properly before the Commission. Please refer to the previous documentation (attached) for full background on the issue. Also attached is the letter of request for reconsideration. PREVIOUS COMMISSION POSITION: After extensive discussion which addressed such issues as: - new development in this particular area which is slated for redevelopment planning; - allowing new construction where facilities are not properly in place; ". . City Commission Documentation Appeal of Conditions to Construct Street and Sidewalk Silver Terrace (Astuccio - Nowlin) Page 2 - payment in-lieu of immediate construction; - the implication that the cost of full facilities (including those "off-site") may defer development of the parcel; The Commission declined to grant relief. There was no one present on behalf of the property owner. Attachments: * request letter of December 26, 1991 (Nowlin) * previous City Commission documentation DJK/leh attachments DJK/i75/CCNOWLIN.TXT - . NOWLIN AND NOWLIN. P. A. i\ .t. '... ~i 'i.: 0 ATTORNEYS AND COUNSELORS AT LAW . 50 S.E. F'OURTH AVENUE DELRAY BEACH, FLORIDA 33483 GEe 27 1990 (4071 276-9754 F'1'oX (407) 276.3859 C~:'v MAl4~Gt~'~ OHiC[ .JAMES W. NOWLIN, .JR. .J.W, NOWLIN 11903-1984) December 26, 1990 Mr. David T. Harden, City Manager City Hall 100 NW 1st Avenue Delray Beach, FL 33444 - - - . Dear Mr. Harden: This office represents Mrs. Sheila Astuccio whose residence address :: is P.O. Bo~ 2613, South Hamilton, MA 01982. Mrs. Astuccio is the owner of Lot 22, Block 6 of Silver Terrace, according to the plat thereof recorded in Plat Book 11, page 61 of the Public Records of Palm Beach County, Florida. - Mrs. Astuccio is attempting to sell the lot to someone who wishes to build a house on this unpaved street. She previously petitioned the City to waive the requirement of paving the street, and it is my understanding the matter was considered at a City Commission meeting without any appearance by Mrs. Astuccio or her -' representative. Mrs. Astuccio would now like to once again see if a building permit can be issued for this lot by a payment by her for the necessary money to construct a street and sidewalk adjacent to her lot. It is my understanding that this was the recommendation of Mr. Ko.,,.acs , the Planning and Zoning Director of the City of Delray Beach. Would you please schedule this for the City Commission meeting on the 15th of January so that I may make an appeal to the City to permit Mrs. Astuccio to post the necessary cash deposit to guaranty the construction of the road and the sidewalk when the City is .. ready to complete these improvements. . JWNJR:rdq cc: Mrs. Sheila Astuccio '" C I T Y COM MIS S ION DOC U MEN TAT ION TO: ALISON MacGREGOR-HARTY, CITY CLERK ~ .j~UG\.O\- FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 27, 1990 REQUEST FOR RELIEF FROM REQUIREMENTS FOR INSTALLATION OF SIDEWALK AND STREET PAVING (Lot 22, Block 6, Silver Terrace) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of qrantinq a waiver of required sidewalk and street improvements. The request is for Lot 22, Block 6 of the Silver Terrace Subdivision. It is located about 200' south of S.E. lOth Street on the east side of Miami Boulevard. BACKGROUND: Miami Boulevard is not paved nor are there sidewalks in the immediate area. The Silver Terrace area is one of the "redevelopment areas" identified on the Future Land Use Map. A person wishes to purchase Lot 22 and to construct a new home on it. The owner is seeking a waiver of sidewalk and street paving requirements at this time (construction) but has indicated agreement to an assessment at a later date. The City has required that new residential development be on a paved street. This requirement has lead to the private construction of portions of several (previously platted) streets in the City. Sidewalk installation is also a standard requirement associated with construction of a new home. Options available to the owner include waiting until the City improves the streets (a few years hence) , paving Miami Boulevard from S.E. 10th Street, or seeking some relief. Recently, the use at Miami and 10th obtained relief from immediate installation of paving in exchange for an agreement to participate in a future - improvement district. There were extenuating circumstances in that situation including the situation wherein there were two street frontages. . - City Commission Documentation Request for Requirements for Installation of Sidewalk and Street Paving (Lot 22, Block 6, Silver Terrace) Page 2 The option of pre-agreement to an assessment district is not the preferred choice of staff (OSWi) . While it does not make sense to require the minimum improvement (paving of the street in front of the lot) , it seems more appropriate that the cost of improvements for the sidewalk and one-half the street section be collected at this time. If there is an assessment district formed for the Silver Terrace area at a later date, a credit can be given for these collected sums. Code Section 5.3.1(E) Improvement Obligations applies. Subsection 1 thereof requires construction of all improvements "necessary to accommodate the demands and impacts of the project" (this would require construction of the street from SE 10th). Subsection (2 ) provides that "if it is impractical to physcially provide the improvements, this obligation may be met by payment of cash funds equal to the current cost for installation of such improvements". Similarly Section 6.1.3(D) provides for waiver of sidewalk installation or an in-lieu payment. RECOMMENDED ACTION: By motion, deny the request for a waiver or deferral of street and sidewalk improvements but accept, in-lieu thereof, a cash payment for the cost of these improvements along the Miami Blvd frontage of Lot 22. Attachments: * letter of November 9th from SheIla Astucclo * letter of November 5th from Durante Realty, Inc. REF/OJK#73/CCMONEY.TXT ,.,. ~J ,\"" ~ . SHEILA K. ASTUCCIO \ , P. O. Box 2613 I South Hamilton, KA 01982 , , . . .' , \ November 9, 1990 \\j' \' \ \~I David Kovacs Director of Planning , Zoning City of Delray Beach 100 N. W. 1st Avenue Oelray Beach, FL 33444 RE: silver Terrace Oelray Lot 22, Blk 6, PBll PG6l Vacant Lot Dear Mr. Kovacs: This letter is to request that the city of Delray Beach consider waiving sidewalk and street paving requirements during the construction phase of a new home on the property referenced above which is currently owned by me. An assessment by the city for sidewalk and street pavin9 sometime after completion of construction would be agreeable. Thanking you in advance for any consideration that can be given to this request. Sincerely, ,g~ 1'111. ~~ Sheila M. Astuccio ccr Patti Alfera (Sanctuary Realty Corp.) Loretta McGhee (Ourante Realty, Inc. ) ~~~~~-~~-------------~~~~-~-~~-~------------------~~~-----~-~~~~- STATE OF ~~~r ) ) s:rr )l ) COUNTY OF ) Before me this day personally appeared SHEILA M. ASTUCCIO, who being duly sworn, deposes and says that she is the owner of the referenced property 1n the foregoing letter and has signed same. Sworn to and subscribed before me this ~ day of ~V , 1990. 7~-~ Slgnature My Commission Expires: ~~J Uotary PUblic ._~.. - -' .- .- . . Ph('...q: (407) 272.7059 9J)utQ/JUe f!J2ealtYJ fhu. ~~:r1 "-'~~l!!tSf . 409 W. Atlantic Avenue REAL ESTATE Delray Beach, FL 33444 November 5, 1990 Mrs. Sheila M. Astuccio P. O. Box 2613 South Hamilton, MA 01982 RE: Silver Terrace Delray Lot 22, Blk 6, PB11 PG 61 Dear Mrs. Astuccio: In trying to sell your property, we find that the City of Delray Beach has made some zoning and code changes. Enclosed please find 2 letters that we have prepared for your signature containing the information that the City of Delray is requiring in order for Mr. Griffin to appeal having to put in sidewalk and pave the street in front of your property he 1s trying to buy and build on only. Letters are: 1. Request to Waive sidewalk and paving of street 2. Authorization for Fred Griffin, Barlow Homes, Inc. (Buyer) to act as agent in your behalf in order to have paving of sidewalk and street waived during construction. Both letters should be signed by you, notarized and sent to David Kovacs with copies go ing to sanctuary Realty, Inc. and Durante Realty, Inc. Addressed envelopes have been enclosed for your convenience. If there are any questions, please do not hesitate to contact the city of Delray Beach or Patti Alfera directlY. Sincerely, ~tf ftl~ retta ~CGhee Sales Associate Enclosures cc: Patti Alfera (Sanctuary Realty Corp.) (w/o Encl.) '. 1,\> .J ' Ii:,~;' f' I ~ I I i I I I J. I, I r ....~...., _ . _ ! "1 ~(8 7 1:J~ .o~ c '71-23 1-: 10 .. '"' . : ,.. 'n', ~ ~ . .:; . ,q / . ;::::-:-- - ____~.. - -;" "!- :;; ,,9-1 Z~ .==::- l' C ~. If N'. .. ,.~, . - ~/~ '. r~ ?), . I r;:-;;;' 9.1"~ ~ ""....' ;:: } ,\! ~ ' ,r......-- ",. , =-::::: .-, 8 g: N ,. __ '91-26 = . ~ N. G) w, ' . "" ...'. . .... ,..., I bC}-I-Zl ~~ 'ra !~ J,.. z en ~ "" ,,) ~ 'U Z1 ~ ! I. q~ - ~ I ~ ~ If " 'd; ~, _ 0 II >- ' .r ---J ~'l · ~ _ ~ 1 . SE 9'h - - Sf'- j f?l ~ 'I~ 1'-'1': ~ if '(1 i : 'ti .t' = Hi=, ...., ~.- "h~. = 'Q/ ': cnlW D'FJ-Ray- i~f A ~J-' : I RI \=D;~I ~Qf:'" :?' I ~ _ . ,~(~ " ---;-, 7)- ~ e ; CO H5" ~o\ I /..' -.' 'J" ~ J . . ~ I f,O'" \ I :, ": 9th CT 1 ~J ' . . '.I, " . III -I. U . . ~ ' ' ~ ' , ~ II , j -{ 12- 4 }-:- ,'; , UJ - . ' " ~ I.' . 'n' 'U ' , . ~ '., 1 2 ~ J~ 2',oz': ,. "I 1. ) ~ /1 II ~ 2~~ :: E - -Sf- l' 1/(1', .. 0< - -, I ' ~ ~ - 09-1-31 ~J ~ U 'f 0 If I '9..!!9 - RJ CD -..:- R IVI1 ~ ~". J R1 Ir"I I Z r~1 . ~ ~ j - \ , - 15 T &t ;. . C\J ~- I ~ )... c: l~ 1-' . 7.2.) 8 <0 ~ ~ ~ 'j /~ " ~ .'~~~)~I~ L-- a:i: 'II CD 2. /" ~ i;:} ~ . ~ u a.. SA' D CD (;::)~ 'f J~/ I : "" 0) . - RH qOFESSJO'~L 10 DE' RI ~ G2,rtj7" ~ ,: 1. ~ ~-I-]) '~RIC:_PLAZ~ ~'J'3lJ C' HARI I I' .f,.;J Q. r; ,,1.t< ,H .. .RUILAND J " CLUB I WILS( ~ 'o......i AVE ~ ... R N (44-147) I f" ~I · - . .. '" ~ j I ,", 10 I 1- , 1/" '" ,A.J .~ ',,!'- I _-J~_~ :-@Ii Co ~ ~ ct; PAL.'" 8~d. I~~~ ~: S L 'E ~~ ~ ~ LAMBERT TRAILE R COURT t-'L1U1 , 2 r,nJ RAL AVE f , I D' .. .. '.5d :-- · q 2 2 - 4 I . l '....' ~. - ~ RJ C 'l V ~~ ,':; . 2 ~ , V HARBOURSIDE If, IJI' ,1 (I - 51 /l.~ I " ~ " CONDO PH l,2a~ r.. ~ 0 -; I ~ f},Q; I L \ = I ~_I_~ ~~.l.. [ II \ R M -I ('I , If II 7 / / - G C r MODEL LAND COMpo OOMAINE ~ ~ DEL RAY ~ ~1-128) PH.283 I II 7 "-.. CONDO I- I CD X I ~~ HARS( I BANYAN R1'3 E[ AMENDED PLAT ~. I TREE M --15 PLAl I CC 0~ :?ej' VILLAGE m l5.....2 ,OF '" Q4.i .J2t1 tONDO'PH'IB2 ~ ~ , r II ~ ~ - I OELRAY MALL - ____..._~-i-~ '\~ ~I' .., I ( 31 - 37 ) J OLD HAROOR ~r- PLAZA HARBOUR'S EDC -- .. --. " .. ~ 'Jud g7.iffi-;ed ~~:.;~t7.Uction CO. P.O. Box 1269 Delray Beach, Fla, October 17 1990 33447.1269 ' Ms. Kathy Deardon Dept. of Engineering City of Delray Beach Delray Beach, Florida RE: 1009 Miami Blvd. 90-7582 Dear Ms. Deardon: Please accept this as my formal request to forego the requirement of paving Miami Blvd. to the southern lot line of Lot #22. To build a single family home of $79,000.00, this requirement to pave 220 LF of street is not e~onomically feaseable. The commercial buildings at the corner of lOth st. and Miami Blvd. are being occupied without any requirements. They have gates opening onto Miami Blvd. Sewer is available but water is not. The street would have to be repaired when the water is put in. Further, this pending permit carries a road impact fee of $1650.00, with total permit fees of approximately $4000.00. With City improvement, planned five years or more in the future, the taxes would also be lost for this period of time. At current rates, taxes lost would be approximately $1,000.00 yearly. Five years taxes plus permit fees total approximately $9,000.00. The family who has contracted me to build their home has been in Delray for 6-7 years and plan to continue to live here. Depriving them an opportunity to have a new home on their selected lot'seems unfair, since they realize the street will be unpaved for some time. It appears to me that it would be a logical answer to let this home be constructed, obtain revenue, and establish a family home and improve the neighborhood. I request a very early reply, since an immediate start date of construction is needed. Thanks for your consideration. XC: file ~~(CltnWlE1D) U..I 17 1990 PLANNING & ZONING ".~ 1'1> .' - . ~~ rJ# M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!711 SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 RECONSIDERATION OF REQUEST FOR RELIEF FROM DEVELOPMENT REGULATIONS DATE: JANUARY 23, 1991 This item was initially discussed at your November 27, 1990, meeting at which time the Commission acted to deny the request for relief from requirements for installation of sidewalk and street paving for Lot 22, Block 6, Silver Terrace (3 to 2 vote, with Dr. Alperin and Mr. Mouw dissenting). At that time the property owner was not represented: thus, she is requesting that this item again be heard by the City Commission. Lot 22 is located about 200 feet south of S.E. 10th Street on the east side of Miami Boulevard. Miami Boulevard is not paved nor are there sidewalks in the immediate area. Provisions of the LDRs require the construction of all improvements (sidewalks/road paving) necessary to accommodate the demands and impacts of a project: a cash payment equal to the current cost for installation of such improvements should it be impractical to physically provide improvements: or a waiver of sidewalk installation: or an "in lieu of" payment. Staff has recommended that the request for waiver or deferral of street and sidewalk improvements be denied: however, that an "in lieu of" cash payment for the cost of improvements along the frontage of Lot 22 on Miami Boulevard be accepted. The City Engineer has calculated the "in lieu of" payment which would be required as $3,000.00. '" . . I C I T Y COMMISSION DOCUMENTATION TO: ALISON MACGREGOR-HARTY, CITY CLERK ~J~UM~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 2~, 1991 APPEAL OF CONDITIONS TO CONSTRUCT STREET AND SIDEWALK SILVER TERRACE (ASTUCCIO - NOWLIN) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of granting of relief from the requirement to construct a street and sidewalk in association with construction of a house on an unimproved street. BACKGROUND: This same request was before the City Commission previously. However, the out-of-area property owner was not represented at the meeting. The property owner, through his representative (Mr. James Nowlin, Jr. ) , has requested reconsideration of the request so that his client's case can be put properly before the Commission. Please refer to the previous documentation (attached) for full background on the issue. Also attached is the letter of request for reconsideration. PREVIOUS COMMISSION POSITION: After extensive discussion which addressed such issues as: - new development in this particular area which is slated for redevelopment planning; - allowing new construction where facilities are not properly in place; City Commission Documentation Appeal of Conditions to Construct Street and Sidewalk Silver Terrace (Astuccio - Nowlin) Page 2 - payment in-lieu of immediate construction; - the implication that the cost of full facilities (including those "off-site") may defer development of the parcel; The Commission declined to grant relief. There was no one present on behalf of the property owner. Attachments: * request letter of December 26, 1991 (Nowlin) * previous City Commission documentation DJK/leh attachments DJK/#75/CCNOWLIN.TXT NOWLIN AND NOWLIN. P. A. R :t~ ',..' . ~i J~'D ATTORNEYS AND COUNSELORS AT LAW .. ~~ .- 50 S.E. FOURTH AVENUE DELRAY BEACH, FLORIDA 33483 OEe 27 19~ (407) Z76-9754 FA)( (407) Z76-3859 C~:Y iVIAf~AGtR'S OffiCE .JAMES W. NOWLIN, .JR. .J.W. NOWLIN 11903.1984) December 26, 1990 Mr. David T. Harden, City Manager City Hall 100 NW 1st Avenue Delray Beach, FL 33444 . - - . Dear Mr. Harden: This office represents Mrs. Sheila Astuccio whose residence address = is P.O. Bo~ 2613, South Hamilton, MA 01982. Mrs. Astuccio is the owner of Lot 22, Block 6 of Silver Terrace, according to the plat thereof recorded in Plat Book 11 , page 61 of the Public Records of Palm Beach County, Florida. . '. Mrs. Astuccio is attempting to sell the lot to someone who wishes to build a house on this unpaved street. She previously petitioned the City to waive the requirement of paving the street, and it is my understanding the matter was considered at a City Commission meeting without any appearance by Mrs. Astuccio or her " representative. Mrs. Astuccio would now like to once again see if a building permit can be issued tor this lot by a payment by her tor the necessary money to construct a street and sidewalk adjacent to her lot. It is my understanding that this was the recommendation of Mr. Kov.acs, the Planning and Zoning Director of the City of Delray Beach. Would you please schedule this tor the City Commission meeting on the 15th of January so that I may make an appeal to the City to permit Mrs. Astuccio to post the necessary cash deposit to guaranty the construction of the road and the sidewalk when the Qity is .. ready to complete these improvements. . JWNJR:rdq cc: Mrs. Sheila Astuccio CITY COMMISSION DOCUMENTATION TO: ALISON MacGREGOR-HARTY, CITY CLERK ~.J~U~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF NOVEMBER 27, 1990 REQUEST FOR RELIEF FROM REQUIREMENTS FOR INSTALLATION OF SIDEWALK AND STREET PAVING (Lot 22, Block 6, Silver Terrace) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of qrantinq a waiver of required sidewalk and street improvements. The request is for Lot 22, Block 6 of the Silver Terrace Subdivision. It is located about 200' south of S. E. 10th Street on the east side of Miami Boulevard. BACKGROUND: Miami Boulevard is not paved nor are there sidewalks in the immediate area. The Silver Terrace area is one of the "redevelopment areas" identified on the Future Land Use Map. A person wishes to purchase Lot 22 and to construct a new home on it. The owner is seeking a waiver of sidewalk and street paving requirements at this time (construction) but has indicated agreement to an assessment at a later date. The City has required that new residential development be on a paved street. This requirement has lead to the private construction of portions of several (previously platted) streets in the City. Sidewalk installation is also a standard requirement associated with construction of a new home. Options available to the owner include waiting until the City improves the streets (a few years hence), paving Miami Boulevard from S.E. 10th Street, or seeking some relief. Recently, the use at Miami and 10th obtained relief from immediate installation of paving in exchange for an agreement to participate in a future improvement district. There were extenuating circumstances in that si tuation including the situation wherein there were two street frontages. city Commission Documentation Request for Requirements for Installation of Sidewalk and Street Paving (Lot 22, Block 6, Silver Terrace) Page 2 The option of pre-agreement to an assessment district is not the preferred choice of staff (OSMe;) . While it does not make sense to require the minimum improvement (paving of the street in front of the lot) , it seems more appropriate that the cost of improvements for the sidewalk and one-half the street section be collected at this time. If there is an assessment district formed for the Silver Terrace area at a later date, a credit can be given for these collected sums. Code Section 5.3.1(E) Improvement Obligations applies. Subsection 1 thereof requires construction of all improvements "necessary to accommodate the demands and impacts of the project" (this would require construction of the street from SE 10th). Subsection (2 ) provides that "if it is impractical to physcially provide the improvements, this obligation may be met by payment of cash funds equal to the current cost for installation of such improvements". Similarly Section 6.1.3(0) provides for waiver of sidewalk installation or an in-lieu payment. RECOMMENDED ACTION: By motion, deny the request for a waiver or deferral of street and sidewalk improvements but accept, in-lieu thereof, a cash payment for the cost of these improvements along the Miami Blvd frontage of Lot 22. Attachments: * letter of November 9th from Shelia Astuccio * letter of November 5th from Durante Realty, Inc. REF/DJK#73/CCMONEY.TXT . - - .. - "P_. _" -' -- . . Phone: (407) 272.7059 9lJu4<MUe. &lea/tlfJ #,tC. Ai!~~l . ....'.. MI- . ~'i((~~ . 409 W. Atlantic Avenue REAL ESTATE Delray Beach, FL 33444 November 5, 1990 Mrs. Sheila M. Astuccio P. O. Box 2613 South Hamilton, MA 01982 RE: Silver Terrace Delray Lot 22, Blk 6, PB11 PG 61 Dear Mrs. Astuccio: In trying to sell your property, we find that the City of Oelray Beach has made some zoning and code changes. Enclosed please find 2 letters that we have prepared for your signature containing the information that the City of Delray is requiring in order for Mr. Griffin to appeal having to put in sidewalk and pave the street in front of your property he is trying to buy and build on only. Letters are: 1. Request to Waive sidewalk and paving of street 2. Authorization for Fred Griffin, Barlow Homes, Inc. (Buyer) to act as agent In your behalf in order to have paving of sidewalk and street waived during construction. Both letters should be signed by you, notarized and sent to David Kovacs with copies go ing to Sanctuary Realty, Inc. and Durante Realty, Inc. Addressed envelopes have been enclosed for your convenience. If there are any questions, please do not hesitate to contact the city of Oelray Beach or Patti Alfera directly. Sincerely, ~J/J2eJM retta ~CGhee u.L- Sales Associate Enclosures cc: Patti Alfera (Sanctuary Realty Corp.) (w/o Encl.) .~ . - . ..... .. or .. - . ..............~-_.... - -- - f!t ':Iud gtiffin Conj,ttuction Co. Fred L. Griffin P.O. Box 1269 De/ray Beach, Fla. October 17, 1990 33447.1269 Ms. Kathy Deardon Dept. of Engineering City of Delray Beach Delray Beach, Florida RE: 1009 Miami Blvd. 90-7582 Dear Ms. Deardon: Please accept this as my formal request to forego the requirement of paving Miami Blvd. to the southern lot line of Lot #22. To build a single family home of $79,000.00, this requirement to pave 220 LF of street is not e~onomically feaseable. The commercial buildings at the corner of loth st. and Miami Blvd. are beinq occupied without any requirements. They have gates opening onto Miami Blvd. Sewer is available but water is not. The street would have to be repaired when the water is put in. Further, this pending permit carries a road impact fee of $1650.00, with total permit fees of approximately $4000.00. With City improvement, planned five years or more in the future, the taxes would also be lost for this period of time. At current rates, taxes lost would be approximately $1,000.00 yearly. Five years taxes plus permit fees total approximately $9,000.00. The family who has contracted me to build their home has been in Delray for 6-7 years and plan to continue to live here. Depriving them an opportunity to have a new home on their selected lot'seems unfair, since they realize the street will be unpaved for some time. It appears to me that it would be a logical answer to let this home be constructed, obtain revenue, and establish a family home and improve the neighborhood. I request a very early reply, since an immediate start date of construction is needed. Thanks for your consideration. XC: file ~~rclEnWlElD) L;LI 17 1990 PLANNING & ZONING "" /l \.._ I !' I f . , ^- MEMO c.. From CITY MANAGER'S OFFICE 'J.kl ~ Date:/0--7h (; To:~. ~ _ _ )41__~ 1~.:~~~ f ~ ~ ~ If: ~L'" /L '/6 r ~~c-,J: ,~-tL ~ L" C '; rj~>JL I~~ '. NOWLIN AND NOWLIN, P.A. R J~~. '... .........D ATTORNEYS AND COUNSELORS AT LAW .. '. V i_~ ..) 50 S.E. FOURTH AVENUE DELRAY BEACH. FLORIDA 33483 GEe 27 1900 (407) 276-9754 FAX (407) 276-3859 C!:V iVlAf\i~GtR'S OHiCr.. ,JAMES W. NOWLIN. ,JR. ,J.W. NOWLIN 0903-1984) December 26, 1990 Mr. Da it i d T. Harden, City Manager City Hall 1 00 Nv~ 1st Avenue Delray Beach, FL 33444 - - - - Dear ~1r. Harden: This office represents Mrs. Sheila Astuccio whose residence address ;: is P.O. Box 2613, South Hamilton, MA 01982. Mrs. Astuccio is the owner of Lot 22, Block 6 of Silver Terrace, according to the plat thereof recorded in Plat Book 11 , page 61 of the Public Records of Palm Beach County, Florida. . Mrs. Astuccio is attempting to sell the lot to someone who wishes to build a house on this unpaved street. She previously petitioned the City to waive the requirement of paving the street, and it is my understanding the matter was considered at a City Commission meeting without any appearance by Mrs. Astuccio or her representative. Mrs. Astuccio would now like to once again see if a building permit can be issued for this lot by a payment by her for the necessary money to construct a street and sidewalk adjacent to her lot. It is my understanding that this was the recommendation of Mr. Kovacs, the Planning and Zoning Director of the City of Delray Beach. Would you please schedule this for the City Commission meeting on the 15th of January so that I may make an appeal to the City to permit Mrs. Astuccio to post the necessary cash deposit to guaranty the construction of the road and the sidewalk when the Cit.. is . o "i ready to complete these improvements. . JvlNJR: rda cc: Mrs. Sheila Astuccio - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt~ SUBJECT: AGENDA ITEM # C;j) - MEETING OF JANUARY 29, 1991 REQUEST FOR FUNDING- MORlKAMI MUSEUM DATE: January 22, 1991 We received a request from the Morikami Museum for funding in the form of a loan of $74,750 and a grant of $24,000 in order to expedite the move and re-erection of the Sundy Feed Store. Previously, the Morikami Museum applied for and received a grant from the State in the amount of $122,500. However, the grant is being paid quarterly, and to date only $56,250 has been received. The cost to move and re-erect the Feed store is $155,000. The Morikami is proposing to borrow $74,750 to be paid back to the City upon receipt of grant funding and requesting that the remaining $24,000 be donated by the City in support of the relocation project. As the grant funding is dispersed quarterly, it is anticipated that the loan will be repaid in six months. City staff is very concerned about the fire hazard created by the Feed Store in its present condition and location. Despite repeated efforts to secure the building it continues to be used by vagrants who are using candles and sterno in this old wooden building. It seems to be in the City's best interest, both from the standpoint of preservation ~ and public safety, to do what we can to facilitate the moving of this building. Funding is available in the General Fund Contingency Account. ~~~~: ~ '~ ~ q~) 7S0 C~d4,0c0 ot ~ ~ oo.iJW;is1 ~ ~ wi1:A ~ $ 7l{J 750 1:6 bL~~ / ~~ ~ ~($50){';J.-s)~1f-o-m ~ pI.Jc>aH~-~~r~ ~ <$ [;.'-1 ) las ~ 6~cTE.cf 7b fi.i-fflLC)~ ct Q//u ~ -ju- moti.- 6) ~ ~ ~ ~ G ~ ~/7l1Mlfi- ~ I. ~ ~o/-~~~C/n -/JJ:J~~ Lu'rd:.LL +i..rL ~ ui ~ ~ . fud- ~~ ~ )/:. ? {;\ I! c;21 .~~l~,- The Morikami Museum and Japanese Gardens 4000 Morikami Park Road, Delray Beach, Florida 33446 · (407) 495-0233 · Fax (407) 499-2557 j January 15, 1991 '.', Mr. David Harden Ii' 1:- t -: .~ "_ City Manager '~.p ./ Bn City of Delray Beach JAN 1 6 100 NW 1st Ave. CITy 1991 Delray Beach, FL 33444 MANAG -R' t S OFFICE Dear Mr. Harden: Best wishes for continued success this new year in managing the affairs of Delray Beach. I am writing at the suggestion of Pat Heal&-Golernbe to request your assistance in accomplishing t e long-awaited relocation of the Sundy Feed Store. As a brief recap, The Morikami was approached roughl~ 3 years ago by Ms. Healy, representing the Delray Beac Historic Preservation Board, and John Johnson, representing the Palm Beach County Historic Preservation Board, to consider providing the site for the Sundy Feed Store's relocation. We agreed because lart of our long range plan calls for creation of an ear y 20th century agr~cultural history area. We made clear at the time, however, that our own Ca~ital Campaign would take first priority in any fundrais~ng efforts. The Morikami then applied for and received a llanning grant from the State under which architectura and engineering plans have been developed. I might add that some $10,000 of museum funds were expended on to~ of the grant funds, as well as a similar amount in in-k~nd work by Countr and museum staff. We subsequently applied for and rece~ved a State grant of $112,500 to carry out the relocation. This has since been reduced 5% to $106,875. Until this fiscal rear the State had always disbursed these grant funds ~n a lump sum; this year, however, the funds are being disbursed quarterly. Thus, we have received only one-half ($56,250) as of this date. We will OFFICERS BOARD OF Anita R. Finley Mrs. Atsuko Lefcourte Mrs. James Mihori Robert C. Wilkins Alexander A. Simon, Jr. TRUSTEES Mary E. Glover Mrs. Fred W. Love Dr. Joseph A. Orr Colin Wright President Kathy J. Bechtle Nancy N. Goerler Alfred R. Lucas Catherine M. Ross DIRECTOR Matthew Gracey, Jr. Dr. Harold Berkowitz Phyllis Hammett Richard Machek Damon Spilios Vice President Joseph Carty Larry Rosensweig David W. Schmidt John Klein E. Michael Marcus Nancy E. Stroud Secretary George Elmore Glenn Koach Bradley Middlebrook II George Weinstein Stephen R. Swank Carol J. Elmquist Michael V. Laurenzano James Mihori Dorothy H. Wilken Treasurer '. not receive have the full amount in hand before June at the earliest. We have applied and been recommended for an additional grant of $135,000 for next fiscal year to continue the restoration and rehabilitation of the Sundy Feed Store. A1proval and funding of this grant awaits the upcoming legis ative session. It is quite possible that the amount could be reduced. At this time, the moving contractor (LaPlant-Adair Co.) has submitted a price of $155,000 to move and re-erect the Sundy Feed Store. Mr. Adair states that it is not feas1ble to do the job in phases, that it will be impossible to put the building back together if not done at the time it is moved. Furthermore, he will not do the job until we have the money to pay him. We are painfully aware of the urgent requirement on the part of Chief Koen to have the building removed from its site as soon as possible for public safety reasons and wish to com~lr. However, we all seem to be caught between the proverb1a rock and a hard place. Time is of the essence. Therefore, in behalf of The Morikami, the Preservation Board and all those who have been working diligently on this ~roject, we ask that the City of Delray Beach contr1bute directly to the project in two ways. ( 1 ) Loan the funds required to move and re-erect the Sundy Feed Store. That is $98,750 ($155,000 less $56,250 received to date from the State). The Morikami would reimburse the City an additional $50,625 if and as soon as it receives the funds from the State. And, ( 2 ) Contribute $24,000, or roughly one-half the difference between the grant amount and the cost of the move, since we are preserving an historical landmark of the City as we~l as removing an eyesore and safety hazard from the C1ty. Preliminary estimates to complete the restoration and rehabilitation of the Sundy Feed Store suggest that the private sector will have to raise at least another $50,000, depending on the ultimate amount of the State's contributions. This request should not be considered to be related in any way to the wellfield issue. r would greatly appreciate your consideration of this request and will be happy to answer any questions or provide further informat10n at any time. . , Thank you very much. t=;f2urs · c ~ 1r1o-- .- 1 Larry Rosensweig Director cc: The Morikami, Inc. Executive Committee Dennis Eshleman, Director, Palm Beach County Parks & Recreation Department Pat Healy-Golembe, Delray Beach Historic Preservation Board John Johnson, Palm Beach County Historic Preservation Board ". '"'' , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [~ SUBJECT: AGENDA ITEM * qE - MEETING OF JANUARY 29, 1991 REQUEST TO HOLD CARNIVAL/COMMUNITY MISSIONARY BAPTIST CHURCH DATE: JANUARY 23, 1991 Community Missionary Baptist Church is requesting permission to hold a carnival from February 27 through March 3, 1991, on vacant lots adjacent to their church at 94 S.W. 5th Avenue. Previously, the Commission has approved such requests contingent upon the requesting agency's obtaining $1,000,000 of liability insurance which names the City as additional insured, certificates of State and County inspections, security as required by the Police Department, and proof of Health Department approvals and sanitation facilities. The applicant is also responsible for providing a plot plan showing the layout of the carnival and parking. While the Commission approved a request from Community Missionary Baptist Church last year for a similar event, staff has expressed reservations regarding holding such a large scale activity in the middle of a residential area. Recommend consideration of a request to hold a carnival from Community Missionary Baptist Church. ~ W / -/;A/l.L ~ oj /0 ~m. 'I" MEMORANDUM TO: DAVID HARDEN, CITY MANAGER FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT tJ5 RE: REQUEST TO HOST A nCARNIVALn- COMMUNITY~ISSIONARY BAPTIST CHURCH/SW 5'l'H AVENUE DATE: JANUARY 23, 1991 BACKGROUND: The Community Missionary Baptist Church is requesting City Commission approval to hold a "Carnival" that will be open to the general public on their church property located at 94 SW 5th Avenue, during the week of February 27th through March 3rd, 1991. This church organization received Commi s sion approval last year on the same site for this purpose. Section 2.4.6 (H) provides that such activities be approved by the City Commission. In addition, there are specific requirements under 2 (g) of the same section that the applicant must adhere to. In the past, the Commission has also required that the following cri teria be met: (1) Liability insurance from the organization in the amount of $1,000,000 with the City listed as additionally insured. (2) Certificates of State and County Inspections. (3) Furnished Security as required by the Police Department. (4) Proof of Health Department approvals and sanitation facilities. The applicant is also responsible for providing a plot plan showing the layout of the carnival and identifying how they will accommodate parking on the site. The same must be approved by Building, Fire, Public Utilities and the Police Department. RECOMMENDATION: City Commi s s ion consideration and approval of this request is required. The Commi s sion should be aware that staff has some reservations concerning the approval of carnival locations within residential neighborhoods. It is staff's opinion that such a large- scale activity in the middle of a residential area is inappropriate. Carnival locations are more appropriate where an arterial road access exist. However, we understand that former approvals to this site and the site on 10th Street & 8th Avenue have set a precedence. Approval of the request should include the requirement for the additional items as listed above. Attachments B:Carniva1.DH2/LG5 .-, - ------ - jUcmo CITY OF DElRAY BEACH I ; TO: David Harden, City Nanager DATE: 1/23/91 Lula Butler , FROM: , SUBJ: Carnival - Even though the church's letter is , ... dated 9/19/90, we have been working .. \ with them on a continuous basis to \ determine when they wanted to hold \ , the carnival. We were notified last Friday, 1/18/91, of their decision to hold the carnival from 2/27/91 through 3/3/91. LB:DQ ~ -""", Attachment , ...... -. . ' , . ~. .~_.-~.-.........-..... ---- .' '. .. . t!l~ ClJI~ qg'~ <c~ _/ d7 7' .7~~A~ PAoaNt 9'~ f!l~~ C} <c~ <c~ . 1//1 /1??' A ~ 77f~ ...__..~...._u._ . . ~' ,~~ Y-" ~,?:/~6 I~~~~UW~~:) f)-th '--)~ ,,::11 ~ 1 9 r. tJ' a" II .' . . CITY COMMISSION ~/~./.> - - 1tv. Jf,<31(.. fL, t<#.-j;A/j)~f~~M~ }dM--W./ <iJ#~~(\ w.d iJp p d4 #v& tf)j!. - ,i . /-0 W.{;v/>R3 J!A? . ~ ~ /9'1/ titjp.f~f' ", ~40 ~f ,..' L)~ 'ritvl w~ f:nv,k 'v4w~~ i~' JJ?;'/ ,)tJ ~ P,/PJ cJ. .J/,jj.4f ~ 4.4-e- pJ.'", !b aJ~ I))jfJ ~ I ,W.t ~ ~;II:;' Pft:~J ~ ~ ' ~k0 i}.u ~ ~ .#.e ~ ~~ 'jfh ~./I'.l Pr./ )/J .t-1 ,~~.AJ :rJ C)~ . () f?;hv~ - ' I . ,(> ,r ) ! J~..J-' "., t -l1 t' , )) ~ , /-:-?A/"h- . I ' . ,r fJ -." l-n 7. _ VI C'l cY 7C)>~?- :I: >> ~ )> 'C'='-i fTlZITI ~ 8 ::: z ::: r :!"=':7' ~o(j C'l .... ITI c:i ~.:.J -~" )>...; _ VI VI' $=.'" :;a fTl ~ Z 0 Z C! ::::=:::. ~ 0 VI C'l ." C'l -... CT'" C III ~ C'l VI Vl ", Y ,,~ -<: 0 >> r. -i Z r.J _.=~ ." r . >> ...;~, g" = --: . ." r r 2 ;C 0 -. ::; 3 n ITI r 0. .t::.:; .. go 1TI:;a Vl 0 ;:;>.. - ~ ; = ~:;' ~ ~ ~.~ ~ -0- 0.., ':I" a; ... t\ . ~ ;:: != 35.f:; 6'" : I ~~EB \loa. ~H '. 000 ~ 0 ~r/' () ~ ei Q:1 c ~ ~ ~ ~ t> C> [> C> D---iJ~' I Fg ::L ,v; l I~ r- ~r~ ~ ~ J> 0 - -.... 0 ? c: ?':" ~ <::. < 11 -<.JC .&. - <' . ,-- ;:;~p ~~~ 0 0\7 rjJ~.~~ .. . .. .V = e n~ a'O os. .on 3l?-6 0 V ""\") ~!;;~--- 3- ,v ",<-<1.1., gx.tll 0 '4) ~~oV- ~. _ ; ___) [ 0 2 " ~ ~ n S. ~ 0 ." >3~ . - ~~~r r,' i! ~ . 0 O. II \ :-::; 0 (') n~ V -~~ :~' ~ !}.'" -0 ~ . ~.. ....- '.2~~ 0 ~~ ~ !H . 0 0 Q9 ~ ~ ~ -1 "n~ c :; " ::~... V? V1/ '"30 P F.C~! DO. f n ~ :"" I .;;~" : +> '-'5=>' L ~ To '" 0' - = , -~ ~ ~~ -- ~ f.~ rq ~ ; 0" ~ 0 ~ a: ~ ::: .H r: ~pJ''11l\J~ ,;0 ~ .;- "'" ' a ~'I '> I ,q~"r. L. ~ . '.. .,\~OI<S<;,l\1J t '1- Nov. 21 1990 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOlDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POlICIES BELOW, HAAS-WILKERSON-WOHLBERG, INC. COMPANIES AFFORDING COVERAGE P. O. Box 41740 St. Petersburg, Florida 33743 COMPANY A CONTINENTAL CASUALTY COMPANY LETTER COMPANY B INSURED LETTER TOLVE PRESENTATIONS, INC., EVLOT COMPANY C EQUIPMENT COMPANY & 3RD GENERATION LETTER CORPORATION COMPANY D 269 Orient Way LETTER Lyndhurst, New Jersey 07071 COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE FOUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXClUSIONS, AND CON~ TIONS OF SUCH POLIClES, TYPE OF INSURANCE POLICY NUMBER POlICY EFFECTM POlICY EXPIRATION LIABILITY LIMITS IN THOUSANDS DATE (MMIDllIYY/ DATE (M1MlllA'Y) H AGGREGATE OCCURRENCE GENERAL UABlUTY BOOllY COMPREHENSIVE FORM INJURY $ $ CCP 203057629 4/29/90 4/29/91 PREMlSESIOPERATlONS PROPERTY UNOERGROUNO DAMAGE $ $ EXPlOSKlN & COLLAPSE HAZARD . d r I t PRlXlUCTSICOMPl OPERATlONSIr · ThiS en orsement app les 0 y 0: CONTRACTUAl ** Foods or food related produ ts; ~~ED $1,000 $ IMlEPENDENT eot.1RACTORS Game prizes or favors; Toy IRlAD FORM PROPERTY DAMAGE Novelty or gift shop items. PERSONAl. INJURY . HOLD HARMLESS AGREE ENTS ONLY PERSONAL INJURY $1,000 AUTOMOBILE UA8lUTY !KaY IIWl'I ANY AUTO (l'9l PEllSlWl $ ALL OWNED AUTOS (PRIV. PASS.) !KaY ALl OWNED AUTOS (~R THAN) IIWl'I . PASS. (l'9l ACCWI1) $ HIRED AUTOS PROPERTY NOlWtYNED AUTOS DAMAGE $ GARAGE LIABILITY 81 & PO COMSlNED $ EXCESS UA8IUTY UMBRElLA FORM ~~ED $ OTHER THAN UMBRELlA FORM WORKERS' COMPENSATION AND (EACH ACCIDENT) EMPLOYERS' UABlUTY (D1SEASE-POl1CY LIMIT) (DISEASE-EACH EMPlOYEE) OTHER ADDITIONAL INSURED: AMERICAN LEGION POST #1 0 &/or DELR Y BEACH, FL RIDA DATES: November 25, 1990 to De ember 4, 19 0 DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlSPECIAL ITEMS Any Carnival Liability Insurance made a part 0 an additional insured with respect to an occurrence taking place at a Carnival site (1) The Fair or Exhibition Association sponsoring organization or committee (2) The owner or lessee thereof and (3) A municipality granting the named insure permission to operate a Carnival. . . . Mr. Lawrence Strange 312 NE 10th Avenue Delray Beach, Florida 33444 . . . . .' '" . , Agenda Item No. : AGENDA REQUEST Date: 1/23/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 1/29/91 Description of agenda item (who, what, where, how much): Community Missionary Baptist Church requesting permission to hold a carnival from 2/27/91 - 3/3/Y1 at Y4 SW ~th Avenue ORDINANCE/ RESOLUTION REQUIRED: YES/€) Draft Attached: YES/NO Recommendation: Commission Action Department Head Signature: ~<'. ~ ~ / Determination of Consistency with Coaprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @/ NO $v( Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER.~ SUBJECT: AGENDA ITEM :# Yf - MEETING OF JANUARY 29, 1991 ARCHITECT SELECTION FOR FIRE STATION NO. 1 DATE: JANUARY 23, 1991 The Commission is requested to rank the architectural firms and authorize staff to negotiate with the firm ranked first for a contract for architectural services for the Fire Station No. 1 project. At the January 22nd workshop meeting, the Commission heard presentations from the top three firms, as ranked by the Selection Committee, as follows: (1) Currie, Schneider Associates ( 2) Schwab, Twitty & Hanser Architectural Group, Inc. (3) Robert Walters Architects As requested, the original voting record of the Selection Committee together with a memorandum from the City Engineer setting forth his observations and comments concerning the three firms is provided in the accompanying backup information. Recommend that the Commission determine the final ranking of the three firms and authorize staff to enter into contract negotiations with the number one ranked firm for architectural services for Fire Station No. lo me. moLLuJ A8s--rA-l()E.D - /'&1 ~ ~ c...ho i c.~ -:: ~f"'lD It - ~8Eer WFf/~ - -~~~~~~.~~~ ~. ~ ~. ,&:O.J::UfL ~c6 : A. 0'-9,1)00 rI _ _ J, .;;) I ~ C)./ I (K)O (?as I J..)(!;TE.,: &>~ {)6SK3fJ UXXIC- 7C5 8E.- ~ IS maS, 77mc PeH!1C /6l-t &mmlSSloD - '" . ( ( . . ~ DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: DAVID T. HARDEN CITY MANAGER FROM: MARK A. GABRIEL ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER DATE: DECEMBER 20, 1990 SUBJECT: ARCHITECTURAL SELECTION FOR FIRE STATION NO. 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Selection Committee met this date on the referenced project. Firms were ranked by the Selection Committee as follows: 1.) Currie, Schneider Associates 2.) Schwab, Twitty & Hanser Architectural Group, Inc. 't 3. ) Robert Walter Architects . The item should be placed on the agenda. Attached is the individual voting record for your information. MAG:kt cc: File MGENFS1.doc - Fire Station II William H. Greenwood, Director of Environmental Services Interoffice Memos - Memos to David T. Harden, City Manager Ted Glas, Director of Purchasing Jerry Sanzone, Chief Building Official Chief Koen, Fire Chief Encl. ". . z r ~ 5 i fn n 0 0 c: rt =' i' CD ~i tot CD ,.. tot .. .... tot fn .,. OD .... :s rt .... :rer . \Q ~ c., ....... ... (J) .. a: . rt . D :s :s ~~ (J) .... .... ... . 0 CD ~(I)"" rt 0 rt.... :r 0 :r..... CD (I) :s C:::rt :s >0 rt ....0... ... :r totrt CD ~ .... ...0. 0 DP< .... 0 o.:srt )II c::: .... a. :c :s a. ... ItS I" CD .... 0 C') ... 1-3 0 I I I ::t .,. ...:C P.I 0 .... OD >0 n I ....~w rt :Ie c:::::s . ~ CD n ItS. . .... 'U'U'U n " ... . 0 ~ rt 000 rt .... tot 0 rt ............ :s .... .... CD :s:s:s .... :s D . rtrtrt CD 0 rt ..., .. '< . CD t-4 X . ~ CD & en eD >2J ... 0 . " n 0 ,,::t 8 :s Q 0 ... W W 0.... :c ~ eDCD P.I '< :SHl >2J ... .... D ::0 :s tIJ ~ P.I CD ....0 0 a. S::t P.I 0 0 .... ~ w 0.... '0 rt "'eD )If 0 CD HI ::0 ItS :i rt P.I ::t Z ... en 8 eD Dc., CD :SCD :c .... 0 0 w ~ N ... P.I HI g~ e; .... ; CD 10 c: . >0 . ~ Ie 1-3 tI:I ::0 .... 0 w 0 w DeD (J) .a. ....... ..., .... ::0 C') tI:I D3: erD en w 0 0 w .... tot... 8 ....~ >0 . 8 .... .... 0 Z 'U ~ 01-3 .... ....0 . Ul 0 .. \C) w :srt rtDt ... II.... ~~ rt.... w Ul .. W .... ....:s ::SD .... (, ( ... ,."" , ( ( . ( ( ~. . 1 . ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: David Harden City Manager THRU: William H. Greenwood /ltJ4iI,'I-/....1!'iO Director of Environmental Services FROM: Mark A. Gabriel ~~ Asst. Dir. of Envlronmental Services/City Engineer DATE: December 26, 1990 SUBJECT: FIRE STATION NO. 1 CONSULTANT SELECTION ------------------------------------------------------------ As a follow-up to our recent conversation, I wish to go on record with the following observations and comments concerning the three listed firms in order of ranking. Currie Schneider Associates The Currie Schneider team prepared a thorough presentation and provided a rendering of a facility, which in my mind, was an award winner. They proposed to construct a 29,550 square foot facility (in accordance with the criteria presented to them) at a construction cost, estimated by them at $2.8 million or $94.75 per square foot. In my opinion the construction cost of their proposed facility will be closer to $3.3 million or $112 per square foot. The City construction budget for this project is $2.3 million. Schwab. Twitty & Hansen Architectural GrouDr Inc. This team also provided what in my opinion was a very functional facility, which also met the aesthetic criteria established by the Commission. This firm proposed a 26,700 square foot facility at an estimated cost of approximately $2.0 million or $75 per square foot. This is the only firm who submitted a proposal which fed directly onto Atlantic Avenue. I believe this would provide the best traffic flow patterns, when the fire vehicles are leaving the station. Robert Walters Architects This team also provided, in my opinion, a functional facility at an estimated cost of $2.35 million or $79 per square foot for a 29,700 square foot facility. In summary, I believe all three firms qualified. However, all five short listed firms were provided bas ic design . criteria, including budgetary constraints. Two of the three '1~ - ( ( ( . , . Fire Station No. 1 Consultant Selection Page 2 firms ranked proposed facilities which could be constructed within this frame work. All three firms proposed facilities which were basically similar in size and layout. I believe the major difference in cost to be the complex exterior of the Currie Schneider design. I believe in fairness to all of the firms that submitted proposals, that the Commission take one of two actions: 1. Make award to one of the two firms who presented designs within budget. 2. If the Commission is willing to budget an additional $500,000 to $1,000,000 for this project, that they permit those two firms to submit redesigns reflecting the higher budget values. MAG: me attachments cc: William H. Greenwood, Director of Environmental Services File: MGEGWOOl. DOC/lndepartmental Memo to David Harden, City Manager ". ""f. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER.?/11 SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ADOPTION OF HISTORIC DISTRICT DESIGN GUIDELINES DATE: January 25, 1991 This item is was deferred at your November 27th regular meeting to allow affected Homeowner Associations the opportunity to review the Manual. That review has been completed and this item is now before you for adoption. The Historic Preservation Board at their January 16th meeting determined that the issues raised were adequately addressed in the Design Guidelines Manual and therefore, are recommending that the Manual be approved as initially submitted. A detailed staff report which addresses the concerns expressed at your November 27th meeting is attached as backup material for this item. Recommend adoption of the Historic District Guidelines Manual as submitted. ~ -5 -0 ,'" . . C I T Y COM MIS S ION DOC U MEN TAT ION TO: ALISON MACGREGOR-HARTY, CITY CLERK FROM: STAN WEEDON, JR. , PLANNER II~ SUBJECT: MEETING OF JANUARY 29, 1991 ADOPTION OF THE HISTORIC DISTRICT DESIGN GUIDELINES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of adoption of the Design Guidelines Manual which is to be used in Historic Districts. The Manual was previously considered by the City Commission on November 27, 1990. BACKGROUND: Authority. Pursuant to Section 2.2.6(D)(7), the Historic preservation Board is to: " Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for historic sites and within historic districts. Such guidelines will be subject to review by the Site Plan Review and Appearance Board and the Planning and Zoning Board, and will be subject to approval by the Commission. The Board's consideration and approval of certificates of appropriateness under these guidelines shall be in-lieu of consideration and approval by the Site Plan Review and Appearance Board." Subsection (19) provides that the Board shall: "Develop and maintain a Historic Preservation Manual for the City to help property owners fulfill the regulations and requirements of this section and the regulations for historic preservation developed by the Historic Preservation Board and approval(ed) by the Commission." Design Guidelines for Historic Places - A Preservation Manual has been prepared by consultants (Mayhew) under the guidance of the Historic Preservation Board. In addition to setting design guidelines, there is an approval matrix for Certificates of Appropriateness ( COAs) . This matrix assigns authority to either the staff or the Board, or notes when a COA is not required, for certain items which require building permits or which otherwise would require issuance of a COA prior to issuance of a building ". City Commission Documentation Adoption of The Historic District Design Guidelines Page 2 permit. The ability to have such a list of exempted items is found in Section 2.4.6(J)(1)(c) [page 2.4.64] to wit . . . "except for those items specifically exempted by a list promulgated by the Director". Review by Others. The Historic Preservation Board completed its review of the Manual on October 17, 1990, and forwarded it for adoption. The Site Plan Review and Appearance Board reviewed the document and recommended approval on November 7, 1990. The Planning and Zoning Board reviewed the document in work session and then again at a public meeting on November 17th and they have forwarded it with a recommendation of approval. The City Commission initially considered adoption of the Design Guidelines Manual at their meeting of November 27, 1990. The Commission, in response to several questions from Mary Lou Jamison, remanded the document to the Historic Preservation Board for consideration of Mrs. Jamison's comments and for dissemination of the Guidelines to other Historic District Associations. At its meeting of January 16, 1991 the Historic Preservation Board considered the questions/suggestions raised by Mrs. Jamison's subsequent letter and staff's response thereto as well as a response from the project consultant Mr. Clemmer Mayhew. Upon consideration, the Historic Preservation Board determined that the issues raised have been adequately addressed in the Design Guidelines Manual and the Manual should be approved as initially submitted. There were no comments from other reviewers. THE EXPRESSED CONCERNS: Mrs. Jamison raised four items of concern. These are enumerated below with responses. Issue 1. It should be stated unequivocally that the Guidelines are guidelines only. Response: The last sentence of paragraph one, page 1, reads; "Representations and examples are presented, not specific rules and regulations which must be followed". ". City Commission Documentation Adoption of The Historic District Design Guidelines Page 3 Issue 2. In the section addressing fences and walls, the wording should be changed to indicate that chain link fences are the least appropriate alternative rather than indicating they are inappropriate. However, these fences could have another fence in front to screen the chain link, or the chain link fence could be screened by a vine or hedge. Response: Paragraph two, page 46 reads; "Green stained chain link fence with complimentary hedging may be used in rear yards not visible from the street". As inappropriate fencing material in a front yard, staff could not approve its installation. Such a request would have to be presented to the Historic Preservation Board to determine appropriate screening. The Board approved a front yard chain link fence and two double driveway gates in the Marina District in August 1990. The fence was screened by a hedge and the gates were faced with white painted wood. Issue 3. The pictures and color chart which are a part of the Guidelines were not presented at the same time as a total package. Representative colors should have been presented. Response: The Historic Preservation Board's chart of recommended paint colors is framed and hanging in the Planning and Zoning Department lobby. It has been shown at several Board meetings including meetings at which the Design Guidelines have been discussed. Staff is researching whether it is cost effective to acquire and include a color in future printings of the Manual. Issue 4. In the section addressing fences and walls, ornamental iron fences are noted as being appropriate for certain period styles. There are no pictures or sketches that provide a representation of what styles iron fence is appropriate for these style homes, therefore anyone proposing a fence other than a picket fence will need to automatically appear before the Historic Preservation Board for approval. Response: As an addition to the Design Guidelines Manual, a book containing over 300 photographs of appropriate historic building elements (including fences), is available in the Historic Preservation Office. All photographs were taken in Delray Beach. At least 12 of the fences presented therein are executed in metal. These additional reference photographs are cited on page 1, paragraph 3 of the Design Guidelines Manual. ". . - . City Commission Documentation Adoption of The Historic District Design Guidelines Page 4 Please note that the color chart and photo book will be available at the City Commission meeting or may be viewed prior to the meeting in the Planning and Zoning Department. RECOMMENDED ACTION: By motion, adopt the document, Design Guidelines for Historic Places - A Preservation Manual, as provided for pursuant to Section 2.2.6(D)(7) of the LDRs. SW/DGRESP.TXT '" , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER .9;J1 '- SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 DESIGNATION OF THE COLONY HOTEL TO THE LOCAL REGISTER OF HISTORIC PLACES DATE: JANUARY 23, 1991 At the June 27, 1990, meeting of the Historic Preservation Board, the Colony Hotel was nominated for designation to the Local Register of Historic Places. The Colony Hotel, located at 525 East Atlantic Avenue, has been a Main Street Landmark for over 65 years. It is the last original hotel remaining on Atlantic Avenue. It is designed in the Spanish Colonial Mission Revival architectural style and reflects the extensive social and cultural history of the town. A public hearing was held by the Historic Preservation Board on January 16, 1990, regarding the designation of the Colony Hotel as a Historic Landmark. At that time the Hotel Manager, representing the owner, requested that the Board only designate the buildings on the site and exclude the parking areas, practice putting green, etc. The Community Redevelopment Agency and the Downtown Development Authority both supported the designation. Recommend acceptance of the report and recommendation from the Historic Preservation Board designating the Colony Hotel and the annex to the north to the Local Register of Historic Places, exclusive of parking lots, practice putting green, etc.; and direct staff to prepare the appropriate ordinance for formal ratification. ~ fW- ~6r; 6-0 ". . C I T Y COM MIS S ION DOC U MEN TAT ION TO: ALISON MACGREGOR-HARTY, CITY CLERK FROM: STAN WEEDON, JR., PLANNER II~ SUBJECT: MEETING OF JANUARY 29, 1991 DESIGNATION OF THE COLONY HOTEL TO THE LOCAL REGISTER OF HISTORIC PLACES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is consideration of the designation of the Colony Hotel to the Local Register of Historic Places. Designation of properties to the Local Register of Historic Places is authorized in Section 4.5.1 of the Land Development Regulations. BACKGROUND: The Historic Preservation Board nominated the Colony Hotel for designation to the Local Register of Historic Places at their meeting of June 27, 1990. The Board subsequently authorized Clemmer Mayhew to prepare the designation report (copy attached). At the Historic Preservation Board meeting of September 19, 1990 the designation report for the Colony Hotel was accepted and staff was directed to schedule a public hearing and notice said meeting as required by the Land Development Regulations. At their meeting of January 16, 1991, the Historic Preservation Board held a duly noticed public hearing on the designation of the Colony Hotel (525 E. Atlantic Avenue). Rita McDowell, Manager of the Hotel spoke for the owner Jestina Boughton and requested that the Board only designate the buildings on the site, not the parking areas, practice putting green, etc. Frank Spence spoke for the Community Redevelopment Agency and Downtown Development Authority both of which supported the designation. ". HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board recommends approval of the designation of the Colony Hotel and the annex to the north. The designation is recommended for these two buildings only, excluding parking lots, practice putting green, etc. RECOMMENDED ACTION: By motion, direct the City Attorney to prepare a designation ordinance for first reading. Attachment: Designation Report '. .~~ -~...... .:..i.':- ~ ' ;, ,., -4' ,'C' . .... . ~ ;. '-~ ,. " I I' i . ~ ! q I! ~ \ I \ \ --; \ ~ , . ~ .-. . .- ,"t"{ " ~~--- - - - . - 1 .. I \ /) , - - ; ! . \ . . - :i "~ - I . . " :' - ... I , . , - . . - . ; I - .. . : - . - . - - THE COLONY HOTEL Delray Beach, Florida DESIGNATION REPORT TABLE OF CONTENTS I. GENERAL INFORMATION II. LOCATION MAP III. ARCHITECTURAL & STRUCTURAL INFORMATION IV. HISTORICAL INFORMATION V. SIGNIFICANCE & DESIGNATION CRITERIA VI. SELECTED BIBLIOGRAPHY & APPENDIX VII. PHOTOGRAPHY Designation Report prepared by: Clemmer Mayhew III,Preservation Consultant for HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA THE COLONY HOTEL I.GENERAL INFORMATION LOCATION 525 East Atlantic Avenue, Delray Beach CONSTRUCTION DATE 1925-1926 ARCHITECT Martin Luther Hampton (Hampton & Ehmann,Miami) PRESENT OWNER Boughton Hotels,Inc. PRESENT USE Seasonal Resort Hotel PRESENT ZONING Central Business District LEGAL DESCRIPTION South 12'of Lot 18, Alley South of Lot 18, East 25' of Lot 21 & Lots 22,23,24,25, Inclusive, Block 108. Lots 5,6,7, less 5' Rd R/W, Block 108, Town of Delray TAX FOLIO 12-43-46-16-01-108-0181 12-43-46-16-01-108-0050 .- ,~",lZ/'f: . 1.1. J . I . I I. I .lz,'lJ..1m. 'k,l- I. I. I.,f-f-I. nft~,.. ~L- -Ij 9 : ~'ON 'H'S '3'N: ': ' ~" . I It'l _ J '!.~:'~~' ~\f . <J) i~ _ ~ - ~ · ~ 0 o ~.J. ~ ~ .. ,.s ,at ,qs .cr ,"S .. :;; .. ~' WI f-. ... 0 ) ~ !'~ "> ... .. ~ - fn-~ ~ ! ~ ....C\,j me ~. '.. 95' os .. ~ : ....J ?:::: ~ '01'" ..:J I - ... ~ ! 2: - - .0' ~ ~ . ~ 0 ~ ~o,~ . J ~ ~ ~ 'I , JJ ~ 1]<: 59i' . ., - .. .sit os t' ..., "t\j.... '" 'f, ' ~ 0<\ - J!! .... !:l ... N If'I ~ In .^ 'A .a ~ ..1 ~ . - ........ ':.' -. ......,; ..... - " ...... ..... ::t w, I ' ~ f'# l!" 00 ~' ) -' ; l- oi"B .- .. '" " '" '<> "..~ ~N '" " '" '" ,,; : N .N. )- <s; , oS' 5W.. "s9t 'Ill( . ,L'" ...,. 2 ON C ~ & '1 ~ '3'N " \_ 3j' c~ ~'9L 59, LPL ;- ..D~' E~' ~ & ,),~ "". :::.... ~ ... ~ ff) ~ It) oI>~ :l" ... It) :::11\ 1---'" ...... -....,,;;,...... oOlt:: ,..... __ I . I~ . .. · ;!l/ . CJ III l4J rr-. ~ oC'\ E . ~ ~ J :::~~<:~- '" ff) ~ Ii) ~ ,,<O~~_- ...... "' "It \() '4t< .. '" ;" '" ,OS' "S' :i 9, .,;- 9~ LIt ., pI.-;. L~L -.:.. \ ~ ~ '3"N ~ .'9.. ,. ~ 9L Z,.09 fi "'!,I _ B \.(\ "10'1 Q ~ ~ ~ ~ \!:l ~~ ....~fi t... ~ ~ 700H::JS~ ::Jl7sncJ ~ ..... ~ WI .. "-I ... 't It t1 ....... ...., <t) ~ Ii) >D ,... <lO~ '" ~ ';'''' <='5 59, - - .. .. S9L- ~2'PO' .<;9 i~, 'v f1l H6-J. AU"5 '" - - ,y t.. r, y, ~.,.. lljOS .... (7)' r'I . I .. ...~" .qi ,.nll . .. - - ,~.l ~ i .11 .ff C)"' ~ '0\ C) -- ~ ~ ... ~ ~~ ..... '0 0. ~ ~~: "" ill"' "' -- ~.. --"' ~ -- ~. -. I c:~ - ~. . '~f ~ ~.....c:;;:"' t\j I "') 'II- If) 10 .... '0 ~ ~ .... o,.! '" ... If) 10 ~ '. ~ """ ': -.;; ~" . , 9, .. .. .. . .. . $' '" . 4..1. . .. . .,.,., ~ , · 1.SI · r M" : ~ " '!S' 9S' ..."..... s,~ ~ .. "' ;:: C) -- t\j IW) 't '0 10"" h ~Ih, - - - - -1- -~O) ~, IH] i r '^ THE COLONY HOTEL III ARCHITECTURAL& STRUCTURAL INFORMATION ARCHITECT Martin L, Hampton The Miami architectural firm(Mampton & Ehmann)is credited with the Miami Post Office and Municipal Court Building( National Register of Historic Places) , additions to Flagler's Whitehall and the Breakers Hotel in Palm Beach. Martin Luther Hampton was a principal architect and planner for the City of Coral Gables, Associated with Addison Mizner, Hampton was the architect of the 1925 Delray Beach City Hall(demolished). He is also attributed the 400-500-600 blocks of Lincoln Road and the Miami Beach Congregational Church. GENERAL CONTRACTORS Chalker, Lund, & Crittendon of West Palm Beach ELECTRICAL CONTRACTORS Brandenburg Electric PAINTING & DECORATION William Fraser FEATURES Concrete & stucco construction with cast concrete moldings, barrel tile roof trims, plastered walls, and wooden floors. SOUTH FACADE Distinctive Spanish Colonial Mission Revival facade with central twin towers U-Shaped, Three Story Structure with Towers Street level triple arched entrance onto open Loggia with cracked Cuban Tile flooring Decorative shields and galleons (Mizner Industries) Barrel tile roof trim edged with wood deck railing Domed matching towers on spiral column based double arched apertures with protective railings Double Inner Terrace pyramidal barrel tile roof towers Wrought Iron Balcony with full length casement window-doors EAST FACADE Open formal Entrance loggia enclosed due to road widening Enclosed Portals modified into decorative casement windows with awnings have replaced former open arched portals Decorative inlaid cast concrete entrance heraldic cartouche braced by engaged pilasters. Monogram "HA"(Hotel Alterep) element extends above the roof line Cypress carved window surrounds Barrel Tile Roof Galleon decorations Center louvered vent below Mission style parapet Elaborated cast concrete window surround STRUCTURE 176' Length x 135' Width (Main Building) 46,310 square feet of Building Space with and additional 6,000 square feet of Kitchen/Storage area, and 2,500 square feet of Porches/Loggias/ and Patio decks. SERVICE BUILDING 3 Story, attached, Spanish Style building situated North of the Main Hotel featuring first floor garages, and second/third floor sleeping areas. Designed by architect Sam Ogren,Sr. following the 1928 hurricane. The building features Stucco with barrel tile trim, plastered walls, wooden floors, and the town's only pedestrian flyover overpass above the street level. ADDITIONAL. Construction began in early May,1925. Freight embargos and scarcity of materials delayed the opening. Equipped with automatic sprinJders, the hotel was totally fireproofed during construction.Planned to contain nearly 100 guest rooms with private and connecting baths. The structure featured sun porches and colonnades. The Main Street openings were designed to have five storefronts along Atlantic Avenue with a barber shop, newstand, large waiting room, ladies parlor, and writing rooms. The Dining Room was fitted to seat 200 comfortably. The attached servant's quarters and garage building were added later in the similiar Spanish Style . The kitchen, lobby, and dining room were constructed with the anticipation of an additional wing along the East Facade The total building cost was $500,000, and all the furnishings were from John Wanamaker of Philadelphia, America's most prestigious furniture design firm. February 1929 Alterep Hotel spends $31,000 in repairs from late fall hurricane. Structure entirely replastered, all new floors due to extensive water damage, exterior repainted, and redecoration December 1939 Showers were added to the every Colony bathroom and tropical doors were installed throughout. A Second Floor Sun deck was added and roofing materials were removed. Four New Baths were added, and fluorescent lighting was introduced in the Dining Room. IV HISTORICAL INFORMATION Albert T. Repp, a Delray businessman since 1914, owned the present Colony Hotel site, and formed the Delray Hotel Corporation with J.C. Keen, Vice-President, H.E. Evans, Secretary, and Dr. L. Love and Jack Bird as Board of Directors. Facing South, the Alterep Hotel was located 500 yards from the Atlantic Ocean between NE 5th Avenue & NE 6th Avenue . The Hotel opened to the public January 29,1926 with an evening reception between 8-10pm, featuring Miss Ida Greenwood's Chicago three piece female orchestra. There were 94 guest rooms,parlors and piazzas,a sophisticated kitchen plant with bakeries and refrigeration. The formal opening was a $5.00, 7:30pm Dinner on March 1,1926. The Hotel introduced Sunday Night Musical programs for the public in its lobby. It closed on April 12,1926 for its first season. HISTORICAL, continued December 1926 Alterep foreclosed due to construction bond financing, Court appointed Manager- Operators were Associated Hotels of Florida, based in Richmond Va. which also owned a chain of twenty other hotels. January 1927 Alterep opens tea Room adjacent to the Chamber of Commerce office in the Hotel. February 1927 Alterep advertises "ocean view rooms" in Booster edition of Delray News. August 1935 After ten years of litigation, due to the foreclosure of construction bonds, George W. Boughton, 241 28th Street, Miami Beach, purchased The Colony Hotel from the Trust Company of Florida for $50,000. Appraised for $62,000, Mr. Boughton paid $12,000 down, $6,000 annually for three years,and the remaining $20,000 payable at 6% interest. Capable of accomodating 1000 hotel/dining/and public guests and staff, the Hotel contained 94 rooms and 67 baths. The Boughton's formerly owned The Admiral, Cape May, NJ, and The President, Atlantic City, NJ. In November, 1936, the Boughtons circled the hotel in coconut palms. November 1939 Boughton Hotels,Inc.(Charles D. & George M. ) purchased Lots 5,6,7,Block 108 which were originally servant's quarters.. Thirty rooms,eighteen garages for $10,000 from the Jay Holding Company(Miami) 1939-1990 Boughton Hotels, Inc. retains ownership of the Colony Hotel as a seasonal resort. V. SIGNIFICANCE & CRITERIA FOR DESIGNATION The Alterep/Colony Hotel was designed by a National Register of Historic Places architect, Martin Luther Hampton. The Spanish Colonial Mission Revival architectural style exemplifies one of Florida's most prominent examples. The Hotel represents an irreplacable structure which reflects the extensive social and cultural history of the Town. The Colony Hotel has been a Main Street Landmark for over 65 years. It is the last original remaining Hotel on Atlantic Avenue. Eight other Hotels have been demolished. ,. VI. SELECTED BIBLIOGRAPHY & APPENDIX Delray Beach News 1924-1939 Palm Beach Post, 10 May,1925 Palm Beach Post,10 January,1926 .1. 'I - --=, j ~ 0 ; i:~ ' sa I J\ I ...... -. ~,.0.~e= " 00.. .~ .~~ ,-, -,- , - 1'. , ...- -':~.~..... -~ '~;~......;.(....:. ..') -- . ::~~'.",":,\ ---: . ,,"~-""'!':' . \ <00" . . .. -:. t." ~ ...... __1 !l ';_i~ l!!J - -I -, :.-. __I __ '._ --: --- :.- - II I;; ==, -11.--- III I~I B~I mil lIililJ ~ .- I;::~~ . .-",,'.. \ ~='-"~ ,- c,.. 1 - f;;;~-- ,,' ie' l ,__..... _.____.-0 _~ ----+ - · 'fT-" .1 \..,.... . ~~r. ...1"-v....;..,. .~ :~~~. , -:' -+;~ ~--; i~~..:j ..... '.. , ';-"'--~-~~'-':/7-~ ~---~~~'_.~-- - -.r. . " , ,~. ..,....~~~ .~:" .' _ 7_<..~'>'~tF:[:&~i ~c. - -' -..:t ~ ' ~ ... ... I Iii. j' · ==' il - - --. -" - - --- r--l I, _III - - --: jl. .. : \ , ....__. I' .. "~-11' .. '---IIW .. .. _'_' '-....1~I'.'?' - - - ,...... r'- ..... __ '-" ........__ ~ i, ~ W ~ ..,. .v 101 mi. v.=~ -. ~._;, --,: 1 . - -' ,. ,. ~... ...~ .y. ._..--~-.. ~ 0; ~~ .._~ ~.-~~1:~~~~~'~_~j ;; - - -" '1 '-- --,_.,...~., I - . ....- ~ - - . , M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f1Jt1 SUBJECT: AGENDA ITEM * - MEETING OF JANUARY 29, 1991 DESIGNATION OF THE FLAMINGO SERVICE STATION TO THE LOCAL REGISTER OF HISTORIC PLACES DATE: JANUARY 23, 1991 At the June 27, 1990, meeting of the Historic Preservation Board, the Flamingo Service Station was nominated for designation to the Local Register of Historic Places. The Flamingo Service Station, located at 301 East Atlantic Avenue, is the last remaining original service station on Main Street. It exemplifies a time when Delray Beach was the automotive capital of Palm Beach County. The building was constructed in the pre-World War II Streamline Style and is one of the last remaining examples of that architectural design. A public hearing was held by the Historic Preservation Board on January 16, 1990, regarding the designation of the Flamingo Service Station as a Historic Landmark. At that time the property owner objected to the designation and expressed concerns that such a designation would hamper the sale and redevelopment of the property. The Community Redevelopment Agency and the Downtown Development Authority also objected to the designation. The Historic Preservation Board recommended that the City Commission approve the designation by a vote of 4 to 3 (Campbell, Ayers and Pompey dissenting). Recommend consideration of the Historic Preservation Board r s recommendation to designate the Flamingo Service Station to the Local Register of Historic Places and, if appropriate, direct staff to prepare a designation ordinance for consideration on first reading. J;6r1 ntf/-' I;; ~ (11 p~ 6-0 C I T Y COM MIS S ION DOC U MEN TAT ION TO: ALISON MACGREGOR-HARTY, CITY CLERK FROM: STAN WEEDON, JR. , PLANNER I II ./&; A SUBJECT: MEETING OF JANUARY 29, 1991 DESIGNATION OF THE FLAMINGO SERVICE STATION TO THE LOCAL REGISTER OF HISTORIC PLACES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is consideration of the designation of the Flamingo Service Station to the Local Register of Historic Places. Designation of properties to the Local Register of Historic Places is authorized in Section 4.5.1 of the Land Development Regulations. BACKGROUND: The Historic Preservation Board nominated the Flamingo Service Station for designation to the Local Register of Historic Places at their meeting of June 27, 1990. The Board subsequently authorized Clemmer Mayhue to prepare the designation report (copy attached) . At the Historic Preservation Board meeting of September 19, 1990 the designation report for the Flamingo Service Station was accepted and staff was directed to schedule a public hearing and notice said meeting as required by the Land Development Regulations. At their meeting of January 16, 1991, the Historic Preservation Board held a public hearing on the designation of the Flamingo Service Station (301 E. Atlantic Avenue). The owner Mildred Sanderson objected to the designation of the Service Station expressing a concern that designation would hamper sale and redevelopment of the property. Frank Spence spoke for the Community Redevelopment Agency and Downtown Development Authority both of which objected to the designation indicating a fear that designation may hamper redevelopment of the property. ". HISTORIC PRESERVATION BOARD CONSIDERATION: The Historic Preservation Board recommended that the City Commission approve the designation of the Flamingo Service Station. The vote was split 4-3 with Wayne Campbell, Bill Ayers and Spencer Pompey casting the dissenting votes. RECOMMENDED ACTION: By motion, direct the City Attorney to prepare a designation ordinance for first reading. Attachment: Designation Report '. THE FLAHINGO SERVICE STATION 301 East Atlantic Avenue De1ray Beach TABLE OF CONTENTS 1. General Information II Location Map III Architectural & Structural Information ,,' IV Historical Information V Significance & Designation Criteria VI Selected Bibliography & Appendix VII Photography --- .. --- - - .. 'r- , , '~. - .~ - ...,~ MiJ~_. - - _. - . '- . - . . " GENERAL INFORMATION LOCATION . 301 East Atlantic Avenue, Delray Beach . CONSTRUCTION: 1941 (Permit issued August,1941) Opened December 20,1941 BUILDER: John Thieme OWNERS : Paul P. & Mildred W. Sanderson PRESENT USE . Vacant. Former Service Station . PRESENT ZONING:Central Business District(CBD) ,. LEGAL . Town of Delray, Lot 7 , less South 9.85' of East . 27' ,Block 92 TAX FOLIO: 12434616010920070 I -- - '" -- I . 12 ,<J" lz...,' . I . I ' I . I . I ., I - I ' 11/~" \c;>p . t, I.. I- I . I.. I . I.. I . 'lbI Laa....lI,n ~ L Hj 9: ~'ON 'H'S .. ',3 'N : ': ]3' . .. . : ~\ '~~ ~ :II ~ ~ ~ , \I) ~ ~ :3 1 " . , ow H.J.~ ~ lJ) ,.~ :;;.. l== ..... ~ ..... <!: :j .... " .. .- - 0 d1 2 ., '"''''I ~ .. - '" ' 0 IoU .. : ... C\,j '" ... ,.u ~ .. .. .. .. :;: .. \J - .. ~ u ~ 0 r::: !? .. 5 .. ~ .:J ~ .;t '" l-~'~~ Oli~ a t-' ~~~~w. .. .'~ -.. ~ <I: 'J, I ~ _ .. ~ l:: 0\ ~ .. ..... ft'\ ~ In ~ .a Z l- .. ... ~ ...... ...... ...... ...... ....... ..... j I ~ - ~., ~ ~ f) ::.~~ ~.. C"C '" ~ It) '0 "ClQ~ ... It) -0 <f "S' S;IL. .. s9t \.L - ONe ~ & '1 ~ '3N '., 0 ~ 1] ~'~ .. 59L .. ~. E ~ .,: ~ ....~ :::0, ~ ... '" ~ ~ ~ ~' Ol Q ... It) ~~ ,- , - ... ... ul I... ~ \ - l ~ E \E h rt-- ~ oC'\ . ~- '" l'r) ~ 11\ ~ "'- 'lO~ ~, ... ...... '" >'9~ .. ',<;"'~ L .t - . L~L ~ '3 "N ~-9. , .. ~ 9L Z ,.09 r; ... - E1 ",17'l Q ...... ~ ~ ~ \!:l ~~ ...... . .... ") i'~ I ... ~ 700H.?S~ .?178ncJ ~ . .... ~ 'f W .. .. . ..t} ...... N ff) ~ Ii) >D ,... <102I ; ~.... ~,... S9, . .. .. .. .. Slit Oli' 2 'Po, I ( 9 i .'2, v pi - fJD.J.tl',tfS ... . ., - ~ . . - Ifr ~" ~I~ . .. . r'J ,I' ".", . .. . . .4.t ~ i" .n U" ~ '0\ ~ '" ~ ~ 1e~ :.... 01 ~ ... ~; -. .......... ... .. .. ~ .... ~ , ( ~. II]' ~. , ~ t. ...,~ ..to-.; '. .. !"" 10" .: " _oc VI . - ~ "" ... It) 10 " 110- ~... "'- ... It) ~ ~ ..,-: . . .1'", ; -..-: ~ ft- 19< .. . . . " '1 . - . .. ., fI' ' ,. . I:!:~ ~ htN : '----1 '-! I~ r ,,. III. ARCHITECTURAL & snU"CTURAL INFORMATION A one story , Streamline Style Main Street Commercial Building featuring a low, horizontal profile with an extended upright roof line above a curvilinear ,concrete eyebrow. The entrance door, plate glass window, and two matching overhead loading doors are of equal heighth,and provide a vertical element. The eyebrow, facade, and roof line recessed banding provide detailing. The West Facade has matching period windows. The North Facade has a pair of what might have been ornamental glass block openings . The heightening parapet roof line extends on three sides of the building. The building once contained a massive hydraulic lift, and an art deco style chassis lube console. STRUCTURE Situated on a 6,830 square foot site, the building contains 935 square feet of work area, 390 sq.ft. of office space, and 4500 square feet of paved area. Cement block construction with a wood truss roof,masonry interior walls, and concrete floors. All gasoline pumps, signage, vintage round coca-cola box, and other period details have been removed. The structure is in good condition, and is threatened by current code requirements in adaptive reuse. IV. HISTORICAL INFORMATION In August, 1941, the Standard Oil Company was issued a City building permit for $5,500 to construct a service station at 301 East Atlantic Avenue. On December 20, 1941, the Service Station opened. Built for the Harvel Family by prominent Delray builder,John Thieme, i't' was designed in the popular StreamLine Deco architectural style of the time. In 1944,the station was purchased by Paul Sanderson. A Delray resident since 1928, Mr. Sanderson's father was a Depot Agent with the Florida East Coast Railway). He moved his Flamingo Service from several blocks away to the present location. Predominately a gasoline station, Mr. Sanderson and his longtime employee, Eddy Haynes provided all aspects of automotive care and personal service. Though built in 1941, it stood empty during WW II. Sanderson and City Council member, Roy Croft operated a service station at Federal Highway & Atlantic Avenue - "The Flamingo". There they directed a a ten car taxi service, between Boca Raton's Army Air Corps Base and downtown Delray. In May,1944 he opened the Flamingo at its present location. He purchased it for $1700 with partner, J. Leroy Croft ," -:.- - V. SIGNIFICANCE & DESIGNATION CRITERIA "notable in character",* "the oldest gas station in Delray Beach",** "A favorite hometown spot",*** "The Flamingo" is the last remaining original service station on Main Street. It exemplifies a time when Delray Beach was the automotive capital of Palm Beach County. The architectural design compliments the Boyd Building and The Presidential. They are the last remaining examples of their pre-WW II Streamline Style. "The Flamingo" represents the broad cultural history of the fabric of Main Street and the purposes which a Main Street served. ------------------------------------------------------------ *Sun-Sentinel,21 Feb, 1983 **Boca Raton News,22 Feb,1982 *** 22 Feb 1982,Boca Raton News VI. SELECTED BIBLIOGRAPHY Sun-Sentinel Palm Beach Post ,,' Boca Raton News Interviews: Mrs. Mildred Sanderson Mr. Roy Harvel City of Delray Building Records '. . . ,.:.::~.... . . , . ..':.--i'~~--::-;....... ,0 -" '. -:--:--..:......."';~; ;"'.--- s-......: .- J ., .- , ., -. '0 , - .,~ -r- ...:.. -- , . - .. .. ._~ -. - . . -, --- - ," '. ;;'~"r ;t~..: ~ - ......, . .'l-.... . ~:> ~~ :.- ;.,~. . ."l"'~i ' , - -7 '~,':.::C::. ",-j:, ~.~. , -~ -. - ---.--,.- .' .. . h_ -, - -....,... . --' ~ - ~ . c " ; : , . , , ...~-- -- --------- - -- .~~ , ~ .-- - ~ ,. I - '. _ l...4~~-.~~~ ~ - ~ .; ,-,e.$J'.~'~' .. - .c' .......4S:. r ". -- -- " . ~ flU1.~ ~~(I:Y>{ [IT' DF DELHA' BEA[H 100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager t~1 SUBJECT: Agenda Item #~~ReqUlar Meetinq January 29, 1991 Policy Leave of Absence With Pay for Reservists DATE: January 24, 1991 City Commission is requested to review your policy adopted on October 16, 1990 concerning Leave of Absence With Pay for reservists called to active duty. Commission established a policy to pay reservists called to active duty the difference between their reservist salary and benefits and City pay for a period of ninety (90) days. This policy was effective immediately and was retroactive. As directed by Commission, vacation and sick pay were restored to those reservists on duty when the policy was adopted. One employee has already served past 90 days and two (2 ) other employees will reach the 90 day limit in February. We have had four ( 4 ) employees called to active duty since August. The status of each is as follows: 90 Days Expired/ Activated Expires Gregory Wesner Police Officer 8/27/90 11/24/90 Edward Robinson Police Officer 11/23/90 2/20/91 Roel Ritfield Police Officer 09/04/90-10/15/90 Reactivated 12/31/90 2/17/91 John Phoebus Police Officer 01/07/91 4/17/91 An additional two employees are active reservists and could be called to active duty. We do not know at this time how many inactive reservists and retirees are employed by the City. If required, these personnel may also be recalled. THE EFFORT ALWAYS MATTERS ,. HI' AGENDA ITEM # POLICY LEAVE OF ABSENCE WITH PAY FOR RESERVISTS On January 22, 1991 the State Legislature amended Sections 115.09 and 115.14 of the Florida Statutes allowing full pay for the first thirty (30) days of active duty and added a provision which permits the payment of pay differential to the level earned when called up to active duty without a time limit. I recommend that City Commission approve compensation for City '. reservists on active duty for the difference between reservist salary and benefits and the City salary for a maximum of 180 days. DTH:rab:kwg ," (Copy of Resolution No. 100-90 is on file in the official Resolution Book) The City Attorney stated this resolution concerns the potential relocation of the United States Tennis Association's Junior Program to the Laver's site. It is his understanding that the Tennis Association is going to be making the decision on the location in the near future, possibly by October 18th. Mayor Lynch suggested, on the fourth item of the resolution, adding the fact that the Florida State Closed Championship has been held in Delray for many years and is the highest ranking tennis tournament in the State of Florida. Mr. Andrews commented that he would like to be assured that this program will be located at Laver I s for this particular program. The City Attorney advised that was not specifically stated, or intended, wi thin this resolution; however, if the Commission concurs, it can be added to the resolution. There were a number of contingencies and, it was his understanding that the City was not fully committed to the Laver site. Upon question by Mr, Andrews, the City Attorney stated one contingency would be the acquisition of the property. Daniel Rosenbaum, Attorney for the Delray Racquet Club Associ- ation, stated they welcome the USTA and support the resolution. In the past, they have felt that the subject matter of this proposed acquisi- tion was not always handled in a manner that was sensitive to the needs of the owners. Mr. Randolph moved for the adoption of Resolution No. 100-90, subject to the addition of the language regarding the Florida State Closed Championship, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 3. Leave of Absence with Pay for Reservist Recalled to Active Duty. The Commission is to consider granting a leave of absence, with pay, for those reservists that have been recalled to active duty. The City Attorney stated, with regard to the memo he submitted to the Commission, he has not yet received the information he requested from Jacksonville. At this time he feels the City will be able to fund any amount the Commission approves. The two questions before the Commission at this time are: (1) For what length of time should this program last, and (2) To what extent should those benefits be, over and above what they will be collecting while in the reserve. Dr. Alperin stated, it is his understanding, when reserves are called to active duty, they do receive some benefits, but questioned if those benefits extend to their families. The City Attorney stated the City provides no benefits to those reservists when they are recalled, as they are then covered by the Federal Government. By virtue of Florida Statutes, the Commission has the authority to pay them 100% of their current salary for 30 days. He is awaiting information from -2- 10/16/90 '. '. ,. I Jacksonville, confirming his feeling that the Commission has the author- i ty to extend that 30 day period to at least 90 days. Dr. Alperin questioned if the Commission would be setting a precedent for the future that could result in a major risk. The City Attorney advised that it will be a policy created by the Commission that could be eliminated or amended as they choose; or it can be specified for a certain incident. Mr. Randolph stated, it was his understanding after the last meeting, that the City was to make up the difference between the mili- tary pay and the salary paid by the City. With regard to the time frame, he would recommend not going very far beyond the 90 day period without a review of each individual case. The City Manager suggested the Commission add "plus housing and subsistence allowances" in addition to the di fference between base pay and military pay, Upon a request for confirmation from Dr. Alperin regarding the use of vacation and sick leave to compensate, the City Manager advised that was done, initially, in order for the reservists to continue to meet their obligations. If the Commission approves the Leave of Absence with Pay, the vacation and sick pay can be restored. Mayor Lynch also requested that, with regarq to health insur- ance and COBRA, he would like to be assured that this is coordinated properly and the American General Insurance Company understands the procedure in order that there will be no problem if and when they are reinstated as employees of the City. Upon discussion regarding the amount of funds, the City Manager stated those positions will not be filled, in the meantime, so there is money available in the budget to cover for those salaries. Dr. Alperin moved to approve compensation for City reservists on active duty for the difference between the reservist salary and the City salary for a maximum of 90 days and incorporate the City Manager's definition of reservist salary, that being salaries plus housing and '\ subsistence allowances, seconded by Mr. Randolph. Upon roll call the I Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; i Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. ~ County-wide Traffic Performance Standards Ordinance. The Commission is to consider the adoption of the ordinance regarding the County-wide Traffic Performance Standards. David Kovacs, Planning Director, stated the County Commission is holding a second Public Hearing and Second Reading of their Traffic Performance Standards Ordinance next Tuesday. Mr. Kovacs gave an explanation of the history of the County-wide ordinance. If this is adopted, with all the amendments, it will be more permissive that the one the City has. I Mayor Lynch questioned why the burden of proof is on the City , when the ordinance basically states that the County supersedes the City. -3- 10/16/90 .~~~ Delray Beach Police Department ~I 300 West Atlantic Avenue · Delray Beach, Florida 33444,3666 _ . (407) 243.7888 Fax (407) 243.7816 RICHARD M. LINCOLN Inlerim Chief 01 Police MEMORANDUM TO: 'David T, Harden, City Manager FROM: Richard M, Lincol~ Interim Police Chief DATE: January 23, 1991 SUBJECT: ACTIVE DUTY RESERVISTS/UPDATE As a follow up to my December 27, 1990 memorandum, please be advised that since that time a fourth Police Department military reservist has been called to active duty status. Officer John Phoebus reported for active duty on January 7, 1991 for a tour of duty of 139 days, and it is expected that he will soon, if not already, be going to the Persian Gulf. Please advise as to the City's intention regarding salary supplementing for these employees as it appears that they will be in an active duty status for quite some time, At least two (2) of these officers have inquired as to whether or not the salary supplementing will be reinstituted as the 90 days approved by our Commission has since expired. RML/ppt cc: ason, uman Resources Director Payroll Administrator ~ ~~:-' _ ~~!tt "'A-ab-~'I ~I...:l~ ~I ' '" ...\ 'tJ." ,.;1," ~... "" "'''... ItI#~ -....""'."<l!"-- . a. AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY Delray Beach Police Department 300 West Atlantic Avenue · Delray Beach, Florida 33444-3666 (407) 243-7888 Fax (407) 243-7816 RICHARD M. LINCOLN Interim Chief of Police MEMORANDUM HbCEIVED TO: DEe 271990 David T. Harden, City Manager FROM: ~stP CITY MANAGER'S OFFICE Richard M. Lincoln, Interim Police Chief- DATE: December 27, 1990 SUBJECT: aQTI~_QQrX_B~Q~BYIQrQ As you recall when City Commission approved supplemental reimbursement to our active duty reservists, Commission directed that this arrangement would be considered case-by-case and extensions would be addressed if needed. At the present time, we have two (2) officers on active duty and a third will be re-activated on December 31,1990. The status for each is as follows: Officer Gregory Wesner was re-extended for 90 days on November 25, 1990, having already served a 90 day tour of duty. Officer Eddie Robinson was activated on November 19, 1990 for 180 days. Officer Roel Ritfeld will be reactivated on December 31, 1990, and will return to the Persian Gulf for at least 180 days with an extension likely. I would request that military salary supplementation for these active duty reservists be once again considered once they provide official earnings statements to the City. Please advise if further information is needed. RML/gb cc: Marty Ritchason, Human Resources Director Pam Tubbs, Payroll Administrator ~ . -- --I \l!.&'~', ~~1;I'~: ,4, ". ~~~I ..... ~ - ,,_.. ",1- --............- . a. AN INTERNATIONAllY ACCREDITED lAW ENFORCEMENT AGENCY '_, 1 I: f H I I '-' 1< I',j tl ':) U ~ " 1 '-I:. I LL III). ~ I '_' .; I __,Ij .) 1.:..111 _ 1_, .. '_' 1 1 u ; .,:1., f ' . 1,1': , . - ......... .' FROM: CARSON. Ll NN &- ADK 1 NS TO: 407 278 47S5 JRN 24. 1991 5: 18PM P.e: P~s$'t.cl FleA.. k5lS \t.\.{.w~ , "'" ,/;?. Zldt \ ' ," 86-166-1-1 aa ll-a, rLr.t Entro..e4/rtto 1 A btll to b. entLtt.d hbt . ' 2 Aft ace ftl1tln9 to ml11tarf .,[vice, .~.n41n9 1.. 3 a. 115.0', r.I., uvUln9 prOYS-lion. Wlth 4 ~eapect to leave to public ottio!.l. tor 1.' 5 Ml~lt&ry ..rvlQ., .~.n41n; .. ~15.1., r,s., 6 authOtll1n; tmploylnv .uthorltlt. of tmployee. 1.6 7 of ~h. atate, countle., or ~unlo1p.l1tl.11 who S are te.ervllt. ca11e4 to active duty to 9 aup"hmftnt 1111 1 tltf pay Uft4tf clrtdn 1.7 10 cLrcu~stance" ptovldln9 for additional U b,n.tlt., .~.nGln9 ,. 121,111, ~.S.J revlaLnQ 1..8 12 ~roYlI1on. wl~h ~..p.ct to crt41t fOf ~lJlt.rf 13 servlce Qn4at tht tlor14& R.t~r.m.nt Iy.tem, 1.t 14 provldlnv fQr rttroectlve application, lS prollldlncfan elfeaUv. date. 16 11 Be It Enaoted br the L.~l'lltur. ot the State ot FlorLd.. ~ I.: "'~ 18 I U "Otic" 1. '.otlon 115.~t, tlorlda Itltutt., I. I l,l! I I 20 Alllended to te.4a I 21 lsub'tantla1 rew2rd,1n; ot ,.cUon., Sel ~.,..".. 1.1,: 2Z I, 11$.Ot, ,.s., tOr ~~~I~n~ t,xt.l 11:'\ : 23 1~5.0. Lt-v. to ~ubt!~ 9ttlQ1al. ror ~l;l~.r~ lilt '24 aetv1cI.--Al1 ottlolal. of tne Itate, and at th. ,.v.tat 1.1! 25 countleLOf the .tat" .n~ ot the muftlclD&lltl., or pOll~io_l 1.lC I 26 "Ubdivl.1on. o~ the .t.t.~ lncludlnQ dht.L'lct .~h.QQl and 1.1' ~. -~ . : 2'1 community 9011.Qt oftlc.r.~ vhlch ottlCl'~J .t. '1'0 ottLctr' 1. :'f I 1 2B o'r enlhUd pu'~nntl1 tft the ~t;!.t.1Qnd OuU'd or " r'''.r~ ~.1 < , I 29 comp?n!nt of the Armed rotc~. ot the United Itates, may, 1. 2, j ~O subject to ~h~ ~rQvl.lon~ .n~ eondlt1o~..here.tt.t let ~orth, .n be Qt.nt.4 lelv. oL~b..nc. from th,lr r..,fctlvt o~tlc.. .P~ 1.2 t 1 CODING, worda .t~ick.ft are ~elet1on'1 vorda ~p4erl1~.d aft .ddltlo~.. I ," L 1 I,'~ II I I U/<I"lL'( . ':> UI/' 11_1:.. ILL Ilu . " .... , j I _' _' ....'.Ji I ~ - J l_l . ._ ,_, I . i,I_, -; , ~ FROM: CARSON, LINN & ADKINS TO: 407 278 4755 JAN 24. 1991 :s: 19PM ' P.12I5 88-166'"'1-1 aB 15->>, l1rat Engro...d/ntc 1 dutS.. to putofm AOHy. mUUArY urvSCt.J' ~he ~1 ftt ;JO d~1 1. 2~ . , 2 of tlny suoh Ifni ot .beene,,, t~. ~. wi th t'ql'l P'Y..I. seol;1on :J. . 3 Stction 11S.1., rlor141 it.t~te8, 1, 1. 2 ~ 4 &1ll8t1l284 ~o ,..4, 5 115.14 ~ploy......All .mploy',. of the .tat., Ift4 oe 1. ~' 6 the ..veral ooU~tl.. Or tn, .tate, and ot the munlo1pa11tl.. 1. , ., or political 8u~alvl.ion. ot \h.atate, ..y, in the dilcrltion 1.. 8 of the e~ploylnQ authorlt~ of .uah eNployee, be 9ranted leav. 1.3 9 Oe &b,'.nOt' un4u the' terllt of thlt llW, In4 upon II.IQh ~"ve of 1.3 10 absence belno 9r&ntt~, Ilid empLoyee ahall enjoy the .ame 11 r19ht. an4 pr1vl1eo.' .. &:t nee.by 9Cantt4 to atticl.1a under 1.3 12 ~hl. law, lnlotar .1 ~y be. NQtwithltandln~ the ~royjllon, l' . 13 of I. 115.0', thl 1~~lovlna .uthO~~Y may .upple~ent t~. 14 ~ilitarY p~y ot It. offiCial. and em~19le,. who are re,ervi,t. 1..:1 11 eall.4 to aQtiv.'~illt.rY~trYlot for the tlr.t ~~,~J~8 with 1.3 16 fUll ~ay In~tT~h~re4ft.rr 1n an amou~t n~Q.'.*1Y to brLni 17 thelt tota,l n1uv, i"clu.1ve ot_ the1r base 1l1~1itllr~ "*'1.1 to 1." ., 18 !he level earnod At thf time the~ w,ro QaJ}ed to .otiv. 1 ,1 . - ! a mUtt!nrx duty. Tht .m~loflno aUthority mav ~1'~, in it, 1.:! ) 20 ~l.cr.tlon, Qontlnue to provide any h..ltp ,1n.~r.n~. ~n~ other 1.4 l 1 21 eX1'tln~ benetlt. to ,uRn 9ttt~i_l, and emel0Y~'.1 I \ 1 u Sectlol'l 3. ,ar&9raph (d) of .ub.lotlon (1) and 1.. , 1 23 pafl9rlph (b) of lub.fOtlOn (2) or .totlon 121.111, 'lorl~. 1.4 24 st.t~t.., .it amenaed to read: i . 25 lZl.lU Ct.dit tor Dll1t~ty ..rvLce.~~ 1.4 I 25 (1) Cr.d1tabl. 'IrvLo. 0' any me~ber 5nal1 .1.0 1. 4 i lnolude m1litary "lvlo. .. d*flntd 1n It 121.021(20)(a) it, ~ .4 1 27 1 21 (d) The ..~b.t mak.~ tn. r.qu1r.4 .~pl0Y.. 1.4 , 2i t;cntr~~uU~rlI...t if .,\y, And :h.,.employet makes ,~h' uot,liud 11 : t . 30 e~p1oY.f contribution. tor th. e~~~~ee'. h~. member.hip Ql... l.! t I J1 for ..eh month ot ..rvtQe ~r.dlt du,ln~ auch p.rlod or 2 I CODXWGa Word. ._.~.k.ft af. d.letlon'. word. und.rlln~ ar. additions. ," L-llr HIIUKI"H:.'r' '::, Ut-t-llt I tL iW. - , - - ) '':''':.1 j -- '- ~ -' "'- 1 :..' ; .... I t-' ,U'-I . . -'"'FRDM:CARSON, LINN & ADKINS TO: 407 276 4755 JAN 241 1991 :5: 19PM F:>.11 ~ --a. , I ~r U-U6-1-1 a8 15.., rLr,t &niros..d/ntc ~. ! . 1 mllitary .erv.1c:., b.n" ...pon tn. elllPloyee', I\h taU ot i 1, 2 monthly co~p.n'Atlon .. of th. datt that ~he emPtOY~1 he leCt / . . 3 hi. O~ her po.itlon, plQ. 4 ptroent intlr"t on such 1r 4 contr1butlon. compounded Annually trom the dut Glte of the 1. S contrLbution until July 1, 1~7', 4n4 6.S peroent interelt 1. 6 compounded annUllly thereafter, untll the payment i. ~d. to 7 tne proper r.tirement tru.t tund, and 1. 8 ( Z) Any menber who.. ln1tJal dAte of employment 1. 1. 9 be for. Januarf 1, 1~a7, who ha. ~i1i'.rr ..rvloe .. ~.fln'd 1n 1, , I 10 a. 121.021(~O)(b), and who 40.. no\ o~alm .uch .ervlce under 1, U tubs.otion (1) ~y ftc.Lv.oreditable ..tvLce tor .uch j 12 ml11t&r~ .erv!Q. Lt. 1. I I I , (b) Creditable ..ryLot, not to e~ce.4 _ total of 4 1, 13 14 ,years, i~el~dtftf..~1-sery~ee~~...R'<<-."d.,-.ub'eetioft-tltT 1. 1, . 15 : Q~.l~e~ only.. l6tvlce earnod in the Re9ulat Cla.. of L 16 melllbeuhlpI And I ThJ,'''Qt ,hall take efhot,lJpon becomln9 A I J.7 SecUon 4. 1, I "."- 0 I I 10 law, howevar, IIcHon. lineS 2 shall apply' retroactlve1y to t. . I I I : j 1J A.u~cut: 1, 1UO. I I f ao i I n 22 , I 23 I 24 I ! 2$ ~6 I i I 'n 1 28 I 29 30 31 . 2 CODING. Word. "ft.~.ft..r. deletion., word. Yn~9r1ln.4 .r. &d4~~~o~., '" .' n ~"d ~ ~., n 0> > .. ~H t-<: ~ ~~ 00 H\"d"d 0 "%j ",1Il1ll ~Z - ::d ~, ......t'irt > ~ 0 . CIl rt t-<:- ~ 0'<: en _ - ~ ::l - - I .~ ::l ~ C:::OO \JI H III III 00_ - 0 C'J) .....'<: t:>:l\C \C i ..... ~- - 0 t'i ~ I w w - N - 0- t:>:l 0 - \JI X "%j 00 . III - \JI n \C \C \JI c:: 0 - I rt to.) .... -... <: ::I::"d 0 III 0> ..... c:::t-<: > 00 00 ::d::d CIl 0 0 000 CIl . . t"" . rt 0 0 t"" . 0 0 rt <: 0 ~ ~ ~ - - rt w w c::: ::r N N t:>:l III 0\ 0\ 0\ 0\ C':l . , ::r 00 00 .... 00 00 III H\ ~ H ~ ~ t"" ~ ~ H -... -... H 00 00 > . . ~ 0\ 0\ 0 0 ~ H ~ ~ "%j -... -... "%j 00 00 , 00 00 . . N N , ...) 00 00 . -----,~ j MEMORANDUM TO: PATTY TAYLOR EXECUTIVE ASSISTANT FROM: PAMELA TUBBS PAYROLL/ PENSION ADMINISTRATOR DATE: JANUARY 25, 1991 SUBJECT: RESERVIST SUPPLEMENTAL PAY . ROEL RITFELD 263-85-4018 PAYROLL DAYS FROM -TO HOURS VALUE MILITARY DIFF. CITY PAID BAL.DUE 42 9/04/90 - 10/15/90 232.00 $3,456.48 $1,861.02 $1,595.46 $1,595.46 $0.00 Totals 232.00 $3,456.48 $1,861.02 $1,595.46 $1,595.46 $0.00 RECALLED TO DUTY ON 12/31/90; BALANCE OF DAYS AVAILABLE 48: . '" -~ 5 12/31/90 - 1/04/91 40 $613.20 $221.55 $391. 65 $585.20 ($193.55 14 1/05/91 - 1/18/91 80 $1,226.40 $620.34 $606.06 $613.20 ($7.14 14 1/19/91 - 2/01/91 80 $1,226.40 $620.34 $606.06 . $606,06 Totals 200 $3,066.00 $1,462.23 $1,603.77 $1,198.40 $405.37 Balance Due of $405.37 paid on 2/1/91. CC: ROBERT A BARCINSKI, ASST. CITY MGR. MARTY RITCHASON, HUMAN RESOURCES DIR. MILENA WALINSKI, ASST. FIN. DIR. MADELEINE DIAZ, PAYROLL ASST./ ACCT. CK, '. ---~- ! ;':'-:UVED BV . I ocr 2 4"99~ 111,011 < L/-:i .l(?:7 / $&;(,,<.(. G4,. 'c, -iNANte , /0/1/'70- /o/I.s-/90 : > ~ 0 0> -0.....""> >.....c :II 0 i: ",. j ~ ' :: f ~ . ~ : " , z .... .. . (,'lit.... ~ R C~ 0 , " . ...... rn "" ", ,'...,.. ,"' 6t.4 ~ ... Z"'''' . . " -,' , , ".;,,,,\lQO ~ < ~ Z 0'-' L ' o 0 Z'" c: Q '" ~ \.>> toZ'" ~ \J\ mm... o 0 .:Z:'" z 0' n. m ~ 0 :z:<,..- :II 0 m -= m \oW a ~N ." ~ W '-0 SN :lO m ~. '. i. ;p u.t" . ';," t .. .. ',', ' -... ". u,I, 0, . ~\JI w cJ. ..., Ii ~ · ar i-C ~n ;0 I DEDUCTIONS EARNINGS I :: ~~~~ i~I~I~!&1 ': ' ~ ........~ ~~..... JJi~~I~ ~J : a ~ II:~ ~ ~~!J~ '< t ~ ' ~ <'<;I - I W :( '< ..' ~ t . " .'. ". '.- " '-:-. " -. +' .... "'.. ,c:~~ ,'::F!~~':i;:yp,L:c';:f~f" ':;iiS~i,,:;~ \1\ 0 ,.\ft. CD' ' ""J,.,.k, , " ..,.. ,:. . . ,.,.,' ",' ~~-5C:i3~_-:'---ooOOOoo.w~,;.<.>;:s}~!:;;;~;.;~~~m;~ni;;";;~~i~;~..m:~J L :;" :'-;<::-":::;';::!">;!'::;~ . ..- GREGORY WESNER 369-74-3968 PAYROLL (A) (B) (C) (D) (E) DAYS FROM - TO HRS. VALUE MILITARY Dl FF . CITY PAID BAL. DUE 5 8/27 - 8/31 40.00 $574.40 $185.76 $388.64 $1,148.80 14 9/01 - 9/14 80.00 $1.148.80 $702.56 $446.24 $1,141.60 14 9/15 - 9/28 80.00 $1.148.80 $702.56 $446.24 $339.70 14 9/29 -10/12 80. 00 $1. I 77 . 60 $710.59 $467.01 0 14 10113 -10/26 80.00 $1.177.60 $711. 93 $465.67 0 14 10/27 -11/09 * 80.00 $1.177,60 $711.93 $465.67 0 15 11/10 -11/24 * 88.00 $1.295.36 $762.78 $532.58 0 90 528.00 $7.700.16 $4.488.10 $3,212.06 $2.630.10 $581. 96 * PROJECTI~G MILITARY PAY 11/1 - 11/24/90 . Days = Military Pay Information Payroll Hours = No. Days in Pay Period X 8.00 Value= Current hourly rate X payroll hours Military = Actual Pay pro-rated for no. of days in mo, Difference = A - B ( Value less military pay ) City Paid = Time paid from timesheets- not adjusted at leave Balance = Total due not paid thru total period The actual City paid amount is the_total of (D). . . ,,. JUMPS-ARMY ~ A VE AND EARNINGS STATEMENT COpy 1 - MEMBER ~:~;, _T, M') 2, ...-s ID CODE \. PE"M)!) VIREO Ir'- 1, ~r N R GREGORY -< lo-.U.~ILr:__. r, ... . 0 5, SOC. SIC, NO " ,,' r ' " . I I HET PAY DUE )I , I I 369 74 396E ~__-L__ b!3b_.,Q::;~___ _ '"':;i,.MOT + 1..INTITLlMINTI ! 7, IILLOTMINT COLLICTIOHI I., OTHI" COLLICTlOHlI 1 '. 17 t3 ! r 'TY~( "MOUN' TY~( I AMOUNT ' TYPE "MOUN' to, TO'IIL IN' · I r.EAS1C O/...Y ,1{17~~d ~,~- . \',.. i IS9LuI~P.~OH 150' lSe2J32I IBSEP-RATS '171j3d !SGLI' '+jOO 11 Al.LOlCOI.LS - icBAOPC 31t+4rJ !LAUNDRY lZtcO I 10 SEp-PHS 1l~8 ! i IFEDERA'L TAX 1l~37 '201HERCOI.LS IE I 4 i IFICA TAX ~2:53 2184[' I I I - I !FI i I 13NETEIIRfj ";G I I I ... \ i I , " .\ I ! I 'HI ii, 'Ii : I : i I I I ; I , I I ,elllATTOBE + BRQ'FWO 1_ 1 5 8 &-13 ~ I i 2 ! ~ Lj G ,7 0 __ . 301. MOHTHL ., ACIIUAL , I ***AUG/90 IS FIRST RECORD MONTH ON COMPUTER :1 MIDHO/EOM 1ST FEDERAL St.L ,A,SN CR 05330~1475 I ' WEST PALM BEACH FL 33402 2.67085019 "I N E X T I.n 0 MOM t.. X A M TIS 6 19 · 00 I RITH6D DOCUMENT 1101803f348 .IE 1TI-\6D G2B 02L Oce 9[10926 gJ0927 . M CRA-ACCPUED THIS MO: $.GO PO THIS ~o: $0.00 5AL: $.O~ ~A ITK14 DSSN 63q~ DOV/PR ER3 DATE lS NOV'~O _ 'IR DOC NO 091q64963q8D~SERTSHIELD ! K . "I s I I i ,/ .1 ........., tUlIC'J 1l1..UDllf .AlAtel 634 023469 [R . DA FORM 3886. AUG 82 ~: :lL$" ~,~q,;:,:'r<~" , ,;<12',<" . -'. ~ r ,... r- , ""J"II r,V ~ . D~~ 1':-199~ A . 1J./4tb ~ \"" 'Il .- [ITY DF DELAAY BEA[H 100 N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager L~ SUBJECT: Agenda Item # Regular Meeting January 29, 1991 Contract Amendment - Dubin and Associates, Inc. DATE: January 23, 1991 ACTION REQUIRED City Commission is requested to approve an amendment to the Golf Course Management Agreement with Dubin and Associates, Inc. dated January 1, 1991. Commission is requested to amend Section 12, Paragraph B, by reducing the Comprehensive General Liability limit from $5,000,000 to $1,000,000. BACKGROUND The existing contract requires the management firm to provide Comprehensive General Liability Insurance with a minimum limit of $5,000,000. The contract also requires the City to reimburse Dubin and Associates for the premium payment. Mr. Dubin requests that this limit be reduced to $1,000,000 due to the cost and difficulty in obtaining the $5,000,000 coverage. The Risk Manager has reviewed this request and concurs with the reduction in the policy limit. Attached is a copy of the contract section to be amended. RECOMMENDATION The City Manager and staff recommend approval of the amendment. DTH:rab:kwg _ p & ~/1~/9/ cc: Lee Graham '/70 o.cfum t/ft3' 9-- Cly ~ 12 c;d wi ~~, , f6 ~ ~ uxU- b-;mod- 0j2fX~~ - THE EFFORT ALWAYS MATTERS '. thirty (30) days written notice of cancellation and/or restriction. B. Comprehensive General Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Police filed by the Insurance Service Office and must include: 1. Minimum Limits of total coverage shall be $5,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, the basic policy to be in said form with any excess coverage (and the carrier) to meet the $5,000,000 minimum to be acceptable to the City. 2. Premises and/or Operations. 3. Independent Contractors. 4. Products and/or Completed Operations. Gerecter shall maintain in force until at least three ( 3 ) years after completion of all services required under the License, coverage for products and completed operations, including Broad Form Property Damage. - . 5. XCU Coverages. 6. Broad Form Property Damage including Completed Operations. 7. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 8. Personal injury coverage with employee and contractual exclusions removed. 9. The City is to be specifically included as an additional insured (including products). 10. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days written notice of cancellation and/or restriction. 11. A Best Rating of no less than B+ 12 is required for any carriers providing coverage required under the terms of this License Agreement. -5- ,,. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # 9L - MEETING OF JANUARY 29, 1991 SERVICE AUTHORIZATION NO. 15A DATE: January 22, 1991 This is a service authorization to the contract between the City and Post, Buckley, Schuh and Jernigan for a Hydraulic Analysis and Feasibility Study for modification of the eastern wastewater pumping and transmission system, The scope of service of this authorization includes an analysis and evaluation of a proposal to reroute the force main system whereby wastewater collected within a wastewater pumping station's service area is pumped directly to the Regional Wastewater Treatment Plant. Currently, the Master Pumping Station in Veterans Park receives pumped wastewater from the beach area as well as from other smaller local pumping stations on the west side of the Intracoastal Waterway, This study will evaluate the feasibility with regard to preliminary force main and pumping station sizing and construction costs. It might be feasible to eliminate the Master Pumping Station in Veterans Park and have only a small, totally underground station there. Funding is available in 1990 Note Construction Fund/Master Lift Station (Account No, 444-5166-536-33.11). Recommend approval of Service Authorization No, 15A. ~ 5-0 '" . AUTHORIZATION NO. 15A (FIFTEEN A) TO AGREEMENT Entered Into and Between CITY OF DELRAY BEACH, FLORIDA 100 N.W. First Avenue Dated February 1, 1989 AND POST, BUCKLEY, SCHUH & JERNIGAN, INC. 1560 Orange Avenue, Suite 700 Winter Park, Florida 32789 HYDRAULIC ANALYSIS AND FEASIBILITY STUDY FOR MODIFICATION OF THE EASTERN WASTEWATER PUMPING AND TRANSMISSION SYSTEM Post, Buckley, Schuh & Jernigan, Inc. (ENGINEER) shall provide professional engineering services, as hereinafter described, to the City of Delray Beach (CITY) to evaluate the existing wastewater pumping and transmission system on the eastern side of the City. The evaluation will include a hydraulic analysis of a header force main system proposed by the CITY. 1.0 BACKGROUND Project Description/Scope of Study As a supplement to the design effort for the Master Wastewater Pumping Station located at Veteran I s Park at the northwest corner of Atl anti c Avenue and the Intracoastal Waterway, the CITY has requested the ENGINEER to provide a hydraulic analysis of the force main system on the eastern side of the City. The Master Pumping Station currently receives pumped wastewater from the beach area as well as from other smaller local pumping stations on the west side of the Intracoastal Waterway. The wastewater from these other stations, as well as the wastewater routed by gravity to the Master Pumping Station, is then pumped to the Regional Wastewater Treatment Plant. The CITY wi shes to el iminate the repumping of wastewater by the Master Station by rerouting force mains to provide a header force main system whereby wastewater collected within a wastewater pumping station's service area would be pumped directly to the WWTP. This study will evaluate the feasibility of the proposed header force main system and will provide recommendations with regard to preliminary force main and pumping station sizing and construction costs. The tasks required to conduct these services include the fo 11 owi ng: Task 1 Kickoff Meeting and Data Collection Task 2 Hydraulic Analysis, Including Computer Modeling of Proposed Wastewater Transmission System Task 3 Preliminary Pumping Station and Force Main Modification Evaluation I Task 4 Preliminary Cost Estimates for Proposed Modifications Task 5 Evaluate Economic Feasibility of the Proposed Transmission System Task 6 Summary Report Including Conclusions, Costs and Recommendations The following Scope of Services provides a detailed description of the services listed above: 2.0 SCOPE OF SERVICES 2.1 Kickoff Meeting and Data Collection a. The ENGINEER shall attend a kickoff meeting at a location designated by the CITY. Project directives and goals will be discussed, as well as any special concerns the CITY may express. b. The ENGINEER will communicate to the CITY a list of information required by the ENGINEER to accomplish a hydraulic analysis and evaluation of the system. The CITY shall provide the ENGINEER with a minimum of the following: - As-builts for the 11 pumping stations and the force mains in question. - Pump performance curves for all existing pumps at each pumping station to be included in the hydraulic model. - Design flows (average and peak) for each pumping station to be included in the hydraulic model. - Pipe material and age of pipe material for all pumping stations and force mains to be included in the hydraulic model. - Elevations relative to NGVD for the following: Finish grade elevation at each pumping station; pump "on" and "off" elevations at each pumping station; wet well bottom at each ! pumping station; force main discharge elevation at each pumping . station; maximum and minimum force main elevations for all segments of force mains to be included in the hydraulic model; and the force main discharge elevation into the preliminary treatment structure at the regional wastewater treatment plant. - City standards, preferences and design criteria applicable to wastewater pumping stations and force mains. 2.2 Hydraulic Analysis, Including Computer Modeling of Proposed Wastewater Transmission System a. The following hydraulic analyses will be performed by the ENGINEER with the aid of the WATERWORKS hydraulic computer model: - Existing system for model calibration. - Proposed manifolding system configuration with all pumping stations operating. - Proposed manifolding system configuration with approximately half of the pumping stations operating. - Proposed manifolding system configuration with each pumping station operating alone on the system. 2 2.3 Preliminary Pumping Station and Force Main Modification Evaluation a. Using the information obtained from the computer modeling efforts, I evaluate the piping modifications for sizing and routing I alternatives. I b. Using computer modeling information and considering piping modifications, evaluate preliminary pumping station modifications with regard to flow and head conditions. 2.4 Preliminary Cost Estimates for Proposed Modifications a. Prepare a preliminary cost estimate for the proposed wastewater transmission system modifications using current pricing information developed from communication with manufacturer's representatives, recent bid data and standard publications. 2.5 Evaluate Economic Feasibility of the Proposed Transmission System a. The ENGINEER wi 11 prepare an economic feasibility analysis of the proposed system modifications consisting of a 1 ife cycle cost analysis. The 1 ife cycle analysis will include pumping station capital and operating costs and force main capital and replacement costs. The pumping station operating costs will include powe r cost savings derived from the system modifications. 2.6 Summary Report Including Conclusions, Costs and Recommendations a. A brief summary report wi 11 be prepared by the ENGINEER containing conclusions, cost analyses results, and recommendations for the proposed modifications to the wastewater transmission system. Five copies of the report will be furnished to the CITY. 3.0 COMPENSATION Compensation for engineering services shall be based upon the Agreement entered into and between the CITY and ENGINEER on June 10, 1985 for Additional Services and latest Amendment, dated February 1, 1989. A detailed cost estimate to provide the servi ces outl i ned in the Scope of Services is included as Attachment A. A summary of compensation by task is as follows: Task 1 Kickoff Meeting and Data Collection $ 1,382.00 Task 2 Hydraulic Analysis 6,089,00 Task 3 Preliminary PS and FM Evaluation 4,253.00 Task 4 Preliminary Cost Estimate 2,386.00 Task 5 Evaluate Economic Feasibility 2,364.00 Task 6 Summary Report 3,926.00 TOTAL $20,400.00 3 The ENGINEER agrees to provide the services listed in the Scope of Services for a total compensation of $20,400.00. 4.0 TIME OF SERVICE It is estimated that the ENGINEER wi 11 complete the work described in the Scope of Servi ces of this Authorization within 60 ca 1 enda r days following receipt of a written Notice to Proceed from the CITY. This time of completion assumes a maximum cumulative time of 10 calendar days for receipt of information and data to be requested from the CITY for inclusion into the hydraulic analysis and modification evaluation. IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this AMENDMENT to AGREEMENT upon terms and conditions above stated on this day of , 1990. For the ENGINEER: For the CITY: POST, BUCKLEY, SCHUH & JERNIGAN, INC. CITY OF DELRAY BEACH ~~ " /' .." ,r / /,,/ ,,;;/ / ~ By: .W c:?; d'~ <- By: obert A. Morrell, P.E. Thomas E. Lynch Vice President Mayor Witness:;>7 eJ ~() J<=<-Ltest: Approved as to Form: City Attorney JRV:mv/003 4 -t en en en en Od 0 ...<J>..' "'0 0 r 0 "'0 "'0 o C C C c (j)i~>~~<.2 :0 ,. ,. JJ JJ -t OJ OJ 0 OJ OJ :l. i:J' -. .. -, CD" m OJ -t 0 0 > -t -t m -t -t 0 ,':..,..... CO ...~.. ,..:.'. nOm Co- c.... roo en 0 0 !!.o ::Jr.i ... ~ JJ 0 m m r -t -t 0 - -t -t.....: m::J s:: 7' 'TI 0 0 ,. > > JJ -t ,. >SD::Jco SD s::::o. -t-t OJ r r - m r r Icg,-- ::J C C m z z i 0 s:: ~ "'O-t s:: r r "". ~;~ r !:i en-t C > :0 C _ OJ ,. ", "" CD,':. -t - - 7' 7' JJ 0 JJ OJ ',::'.: ~ .'..........:' ~ - "'0 7' ::0. ::0. , QO r m 0 ','," ,,',,",.,' "'0 r ::0. OJ m : 0 ~o z O:IJ Cm~m: I :r; o-t 0 m:IJm:n: oN _ ~ r::I: . "...'. ..' ..,'.,..... :IJ, " " , ~ ~ ~ ~ . i.,;..,;. IJJ 6 ". ~ ~ ~ en~;.~.~ >c ~ r " .,..,,'...' ,.."..' -t :0 - a :IJ oo.o.c):.o m r tD. > OQO.90 -< ~ ~ -< OJ . . -t m ~ ~)>! ~ wN~~~~B~ * ~~ ::I: ~ w. " ....'..' '..,..... . . 0 N tDOO~O.O ~ ~o "'0 "::, :::::::,.'.: C """,.',., s:: .__,d' ..,___, ~ f ~ ~@.~...~...N i ~ > ~ ~" ,..} '....' -I =1 tD ooqO.QO N > >- . ..>:.'. :' l-t ~ 0 _~ !'- eni\ ~ ... ,. SD ~ J: N ~en~~m~m ~ ~ ~ 0 oOOQO w ~ ~ ~ ~ ".....,....} ~ ~ ~ w ~ ~ (0) (0)':...., N.>: '" ~ ~~ ~~~.g~~ ~ en >- ... - ...... ...... ..,-. .- -- .""-' .... - ....-. ....--- ..... .. - ,.....-. ',' ',.,". -t ... - ,.... . ~ :::::.:) i i!tl!'~ ! . . ".,,':,.' l-t (0) (0)< . '" SD _ - en ~N0 (I) ;S ~~~Rf"~~ ~ m enoooooo ~-t (0):. ~ <<< 0 0 ~ NI\,) ~,N, m C -t ~ ~p ~ ...!'f... !=> JJ > ~ ~~ ~ool;l: ~~ _. m -t - ..-tIt::--tlt::- OJ m w ~ C ~ Ca>r\)N.........:tD 0 ~ ~ 0> ~ N~,.~~N ~o ~ 0 -t r ~ ~,C)mC)o oN -t . 0 7'. ',"". r 7'N - ::0. ~ ,"...'.:...'. ..".'. ,. ::0. 9 . :IJ C !" .",)!" .,!') !.II me ~ tD m r ~ tD............~~.~ or 8 (11 0 -t ~ ~,.,N".,N,m"m ~ -t ~ -t - (0) ~o~oo oN - , MEMORANDUM TO: MAYOR AND CI~MMISSIONERS FROM: CITY MANAGER. SUBJECT: AGENDA ITEM # 9m - MEETING OF JANUARY 29, 1991 CHANGE ORDER NO. 1- A,O.B. UNDERGROUND, INC. DATE: January 25, 1991 This Change Order increases the contract price by $15,040 and is for additional work required to resolve several conflicts between drainage and sanitary lateral service lines being installed as part of the Rainbow Homes project. In addition, pavement and sidewalk restoration, which was not originally anticipated, was required, Because of the conflicts and additional work required a contract completion time extension of four days is also included in this Change Order. Recommend approval of Change Order No, 1 to the contract with A,O.B. Underground in the amount of $15,040 with funding from 1987 Utility Tax-Rainbow Homes (Account No. 333-3616-541-61,13) . ~ em 0---d. ~ { rIc;;xd; ~ ~ ~) . SlJI:1MARY CHANGE ORDER #1 RAINBOW HOMES ,. QUANTITIY UNIT TOTAL . ~ PRICE ," 1. Four conflict boxes 4 l,600/ea $6,400 between storm & sewer laterals 2, Installation of 4/6" 1 L.S. 1,850/L.S, $1,850 DIP 45 degree bends To avoid conflict with storm drain 3. Lower drain pipe to 7 970 lea $6,790 avoid seven (7 ) sewer lateral conflicts $15.040 I F'_~32 ,_TAH-23-'3 ~ ~.... E D ~ 4: 4:3 D AoOoB: - \/ ,. /J UNDIERGROUND .~-) r.lc,v(,)mber 2 I 1990 " r. , ~ (lty of Delray Beach . E.ngineering Department , 434 S, Swinton Avenue ,~ Dn1 ,.' ay Seach, FL 33444 I 1\ t t r' : George Abou Jaoud~ RE': Rainbow Homes f)(,~ar' Mr. Abou Jaouda: n~is confirms our mecd,lng (,oda:, in ,our offices Co discuss the cor1f 11 ct structures for the ~I tlC)V€ : efa, (:!r"'lced project.. As discussed, we have enU)lHlte~ ed s"'vara 1 clay sewer S8 r'v 1 cas / II, direct conflict with thE; ',tortl) sewer being eLF' rent 1 y lnstil11ed. AS per your direction, we Wi 1 1 furnish and install ,~ "t-<4ft square conflict structure to e:-: tend from the lowest ! rivert elevation to 6-inch above highest pipE. The top and bot te>n\ fllab wit' be 6-;nch thick precast with UJ bets at 8" OCEW. Vert' U!, wells will be bricked and 9 rOll ~ ~:~d , r~o access hatch W' 11 be ~,uprl ied. The unit cost of the str ~lctll '(~S \I i 11 be one thousan,j six hUr'\(j r-ed do 11 ars each ($1 ,oOO/EA). il 1 ease ca 11 the unde r s, gne(j she" 11 d y "'~J have any quest i or', ~ ~.)urs trul y! ~~ / Eli A Pr'ojec c: 11 1 e EAK\mt I , ~ " ,'4.07) 4'/1.961$ FAX: (407) 471.~681 ,. 72.'33 ~'iOUTHERN BLVD, S1. WEST PALM BEAC"", nA 3$41$ . . .. i' ' '. . AoOoBo UNDERGROUND December 11, 1990 1- - ~ City of De1ray Beach Engineering Department 434 S. Swinton Avenue ," Delray Beach, PL 33444 Attn: George Abou Jaoude RE: Rainbow Homes Dear Mr. Abou Jaoude: We have received your direction to lower the CAP pipe underneath the existing sewer serV1ces on S.W. 22nd Avenue and have proceeded accordingly. However, this change has created additional costs involved and extra time which are summarized below. The additional excavation required to lower the CAP pipe has lowered the bottom of the trench below the existing water table. This has resulted 1n a wider trench at the ground elevation and unfortunately we have lost a portion of the concrete sidewalk and the edge of pavement. The extra costs to cover the additional labor and the sidewalk and pavement restoration total $970.00 per serV1ce. This includes hauling of the damaged sidewalk. Please note that had we stayed at the initial elevations noted on the drawings, no damage would have occurred to the sidewalk or the pavement, as was the case on the other areas of the project. The extra time necessary t.o restore the area, along with the loss of production during excavation 1S estimated at two (2) days per serV1ce. A 7-day downtime has to be added since we had to shut down our operation for seven days before we could get a decision from the City. To summarize, we are requesting a change order to cover the seven sewer lateral conflicts on S.W. 22nd Avenue 1n the amount of $6,790.00 with an extension of time of 21 days on the project completion deadline. This will change the completion date to January 2, 1990. 7233 SOUTHERN BLVD, B1, WEST PALM BEACH, FLA33413 . (407) 471-9616 . FAX: (407) 471-9681 . . . ' . . Page 2 of 2 George Abou Jaoude December 12, 1990 ~ f Another change order is still outstanding at this time which will close the project costs. This change order relates to the conflict involving the existing 6" DIP main on the intersection of . S.W. 12th Ct. and S. W . 22nd Avenue, We have previously obtained the City , approval to install four 6" 45 bends along with 18-feet of s 6" DIP on the ma1.n to resolve the conflict and have proceed accordingly. The extra costs associated with materials, labor and additional road repairs equal $1,850.00. We trust that we will obtain your approval on the above outstanding items. Should you need additional information please do not hesitate to contact me at your convenience. Very truly yours, ~~ E.I.T Project Engineer c: O'Neal Bates File EAK\me / DEC-19-912l WED 14:1I2l'.D P.I2l:2 i" ...,'. , ',....'1': 'It"\, , ' l' .. '..:..~ .. AoOoBo UNDERGROUND December 18, 1990 . ~ >. City uf Delray Beach .' Bngin~orins Department ~, 434 S, Swinton Avenue Delr6lY Beach, PL 33444 Attn: Mark Gabriel, P.E. RE: Rainbow Homes Dear Mr, G,abriel: w~ ~re sendins you a breakdown of the additional costs for lh~ sewer Rervice conflicts per your request. AdditionQl excavation (1 hou~/service) S2S0 Sid~walk replacement (43' avs.length/service) (43Ix~'~21SSP=24,SY @"$19.50/SY) $486 Pavement ~estoration (431/service) (43'~2' =86 SP= 10 SY @ $12.5/SY) $125 SUBTOTAL $843 OVERHEAD & PROfIT (15%) $127 tOTAL/SERVICE $970 Pl~ase note that the~e are seven areas of depression in the arn4 of concern wi,th slishtly different meaaurements. The .bn \'I!' total/aorvlce is baaed on .verase lensths as measured in the fipld, Should you need a4dltlonal information please do not hesitatq 1 ~ contart me at your convenience. V~ry truly yours, -'~ ",/, t ,-__.L.c:~ ~ ~ Eo,!., S.I.T 1:'0.10 t EnSJ.neer / c: O'Neal Bates Flle BAK\m9 1'233 SOUTHERN SL vD, 81. WEST PALM BEAOH FLA 33413 . (407) 471~9616 . FAX; (401) 471-96/11 .----. DEC-13-'90 THU 16:29 T ryELRAY ENV. SERVICES TEL NO:407-;~, -7060 t:l037 P02 >-. ,~ .-/ r . ' .. , ," CHANG E ORDER '" '1 . No. 1 .. . Dated DecemberT13, 1990 ~t 199 ~ I Project No. 06-12-90-DB Bid 1190-70 .-..rJ Project N ame% Rainbow Homes Drain~ge Improvements 1 J. ..Ill , ,,", LJ ... Owner: City or Delray Beach, Florida .contractor: A.O.fi. Underground, Inc. Contract Date: '" To: r .Mr. O'Neal Bates , Contractor r . You are directed to make the following changes in the subject contract: . Tn!'{~tqll four. , confl19t boxes between drainage and later....a} sanitary services. '" Install iou, (4) six (6)~1p~h 4, npg~p~ Qepds along ~;rh 18 L.F. of six (G) inch . D.I,P. to resolve water and sewer confl;\~, , Lowering storm drain pi~e to avoid . seven sewer laterals. . , which changes are more specifically' described in the a.ttached amend~d pla.ns, drawings, OJ specifications. The reason tor, the change is as follows: To elimi~~te lowerin~ ~~e draina&~ line as a whol~ and had no other choice. . , , .. ... 1 , ..... , 1 lIIo,. I The contract price and contract time shall be adjusted because of such changes as follows: A~ Contract Price 1. Contra.ct price prior to this change order: · $74,610,,00 9'\_..._ .... - - t r)ELRA'y' EHIJ. SERIJICES TEL t"jO:407-;. -7060 tt037 P03 ---' I .___ .' '':: 1 , , . CHANGE ORDER t 1 - , " ....:~ ,'""'"" ..",.. ...,..."..... .... .-.......... .... ......'.... - ~ .. 2. ' Net Increase resulting from this change ,order: i 1 '1 , o~o 00 . . 3. Current contract pdce Including this change order: ~9. 690.00 . . '- D. ' Contract Timet " I 1. Contract time prIor to this change order: 90 days ". 2. Net Increase resulting !rom.'thls ~hange order: . 1 ~' . , ,~~ ' . , z. Current contract time including this change order: 9-1 W dP'y s . . , , , '. . '. City of Delray Beach, Floridn, OWNER . , By: YilT I ~ , ' Attest: CIty Clerk ~ City of Delray Beach . "" Approved llS to torm: .. City Attorney , . . ' , The nbove chnriges are accepted on. 1- 7 , 19ffL. I understand that all t provisions of the Contract Document related to Project No. 0.& ./,;( - f?() .>.0& which are r inconsistent with the terms of ' this Change Order shall remain in effect and apply to all we undertaken pUl'5Ul1n~ to tIlls Change Order. , . Witness: IX~A~/ " ~~j;;:;~4~wrRA~OR By: ,~,/ ~ ~ As to Conti:'4ctor 'l'itle" . , , "l" I . -.. .. 4 -. . -. ~ _ _ _ "'"' __ _.#: rn.,....... ,,_ _ __ . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ttr1 SUBJECT: AGENDA ITEM # q N - MEETING OF JANUARY 29, 1991 DESIGNATION OF FUNDING-FIRE STATION NO. 2 DATE: January 22, 1991 When Fire Station No, 2 was designed it included an elevator as part of the building service equipment. Subsequently, the elevator was identified as an option in order to provide maximum construction cost flexibility. The construction of Fire Station No. 2 has reached a point where it is now feasible to consider installing the elevator. The vendor's price to complete the installation is $24,600 and represents a 24% reduction from the original "option" price, Funding for this project has been identified in the 1989 Note Construction Fund Contingency Account. Recommend appropriation of $24,600 from the 1989 Note Construction Fund Contingency Account to install an elevator in Fire Station No. 2, 'lrJofffin {ffiJfr & mo>f ~ ~ ~ [)/J,~- ~ ~ lffUJ. ~ A \ pee.. n - Lff5 A-n 0 e..eu:>s - 4~ mOLLW - k)o 'RAndolph - ~o ~nc.h - 4ES Pu.00w2.- em 3/d. o~ -10 not ~D - - , /' l"\ ,/",-.. {""P-v\.,,-- . './'. , . . . [IT' DF DELIA' BEA[H FIRE DEPARTMENT MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: JANUARY 23, 1991 SUBJECT: FIRE STATION NO. 2 - ELEVATOR As you know new Fire Station No. 2 was designed to include an elevator as part of the building service equipment. In order to provide maximum construction cost flexibility, the elevator was identified as an option. The City Commission reviewed several options at their meeting of May 8, 1990 and decided not to fund the entire elevator package at that time. Instead, approval was given to install the elevator shaft and provide the "jack hole" which would allow the elevator package to be completed at a later date. The elevator was originally intended to serve a number of purposes including the support of normal building service requirements, maximization of the use of the intermediate floor space between the first and second floors, and a broader use of the facility by the public. These needs remain and as we move closer to completion of this project, I again suggest that we discuss this with the City Commission. I believe that we will eventually complete the elevator and it is desirable to do so at this juncture before the building is completed. In this regard, I have recently received an updated cost through the architects who went directly to vendors for a quotation. The vendor's price to complete the installation is $24,600 compared with the original "option" price of $32,418 for the remaining work. Given the 24% reduction in cost and the additional efficiency and utility achieved, I suggest that we recommend to the City Commission completion of this project element. Mr. Safford has identified a source of funding for this work and has reported this to you in an earlier memorandum. t~ t5.~ Kerry B. Koen Fire Chief cc: Mr. Safford Mr. Gabriel FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444 407/243-7400 - FAX 407/ 265-4660 '. / b 'i /:'-rl ~ 1 (, . -~, / [IT' DF DELHA' BEA[H FIRE DEPARTMENT M E M 0 RAN DUM TO: JOSEPH M. SAFFORD, DIRECTOR OF FINANCE FROM: KERRY B. KOEN, FIRE CHIEF DATE: JANUARY 15, 1991 SUBJECT: FIRE STATION NO. 2 - FUNDING As a follow-up to your memo to Mr. Harden of 12/31/90 I had a chance to review the distribution of the budget and I suggest that we use the following allocations. These revisions are based on my discussion recently with the architects concerning the amount required to finish the elevator component ($24,600) and Susan Ruby's conversation on 1/5/91 with Currie-Schneider and Associates pertaining to a potential settlement amount for architectural services ($15,000) should the City Commission authorize such a settlement. The total of this additional funding would be $39,600. Accordingly, the project cost, less any further authorized modifications would be $1,137,979 with the distribution as follows: Construction $1,005,879. Architects/Engineering 77,500. Furniture 30,000 Equipment - Elevator 24,600. ------------ $1,137,979. \(~ \S. \k - Kerry B. Koen Fire Chief cc:, David Harden -Kary Ann Young FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444 407/243,7400. FAX 4071 2654660 ". - I . MEMORANDUM ~:, !~:- t"'~ r- ~ \ t ~-- ~_., ~ '. 1...,-. "_. .' ... -. TO: David T. Harden \ i\ M '! ':GG1 City Manager ...,J t"\ 1 t .... \.. ~ FROM: Joseph M. saf~ DELRA Y SE.A.CH Director of F ' {:\RE DE?1 " .. SUBJECT: Fire Station Number Two--Project Status DATE: December 31. 1990 Fire Station Number Two is currently funded as follows: 1987 Utility Tax Bond Issue Fund Original Budget $ 500.000 Inter-departmental Transfers 3.098 Interest Transfers 136,505 $ 639.603 1989 Note Construction Fund Original Budget $ 450.000 $ 450.000 TOTAL FUNDING $1.089.603 In addition to this. Chief Koen requires an additional $50.000 to cover architectural/engineering fees and to allow for the completion of the elevator. This funding can be appropriated from the Contingency Account of the 1989 Note Construction Fund, if this meets with your approval. The revised budget would then be $1.139,603 (preferably rounded to $1.140.000). The funding of $1,140.000 would be budgeted as follows: Construction $ 990,000 Architectural/Engineering Fees 90.000 Furniture 30.000 Equipment 30.000 $1,140.000 JMS/sam - cc: Kerry B. Koen. Fire Chief Mary Ann Young, Project Cost Accountant '. . Legend's exhibit is different from other exhibits, or does the Cit} contribute to every exhibit. , Joan Peart, President of the Historical Society, stated this is different from the previous exhibit and the first time the City has given money. It is her understanding that the Historical Society gave the Historic Preservation Board seed money and this is their way of initiating a return of that money. Ms, McCarty moved to donate $500 to the Historical Society, seconded by Mr, Randolph. Upon roll call the Commission voted as follows: Ms, McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes, Said motion passed with a 5 to 0 vote, 13. Award of Bid and Allocation of Interest Money, The Commission is to consider awarding a contract for Fire Station No, 2 to Pioneer Construction Company in the amount of $1,005,879 and allocating funding from the 1987 Uti li ty Tax Bond (Account No, 333-2311-522-60.31/- $421,764), 1989 Note Construction Bond (Account No, 340-2313-522-60,31/- $447,610), and 1987 Utility Tax Bond Interest (Account No. 333-0000-301-33.00/$136,505) . Approval is recommended. Ms, McCarty questioned if the Utility Tax Bond Interest is money that comes from the surplus. The Interim City Manager stated the money in the 1987 Bond has been invested and, until such time it is used, that money will draw interest and that interest can be used for any of the projects within that original Utility Tax Rond program. Ms. McCarty commented that, while the City is chipping away at this inter- est, she would like to see a statement showing the current interest on that Bond, the amount of each expenditure and the balance remaining. The Interim City Manager advised the current balance in that account is $299,000, so $136,000 would be taken ou t , Mayor Lynch stated he feels that is a good request and asked that the total balance be supplied in the future, Dr, Alperin questionen the initial purpose of issuing the 1987 Tax Bond, The Interim City Manager stated it was for the Fire Station, Beautification, CRA acquisition of the Courthouse land and City Hall expansion, A representative of Falkav, Inc. stated they were the low bidder on the base bid with Pioneer Construction being quite a bit higher. It is his feeling, that in awarding Al terna te No. 2 for a mezzanine, an extra $65,000 is being expended on an item that is really worth $20,000 due to the fact that a clerical error was made on the initial bid for Alternate No. 2, by Falkav, Inc, , resulting in a higher bid. Mayor Lynch stated this was discussed at the last meeting when the alternates were put together. In so doing, the second bid came out lower, even though it was mentioned by the architect that Falkav, Inc. felt there was an error in the bid. Unfortunately, once the bids are submitted, no changes can be allowed. Ms. McCarty moved to award the bid to Pioneer Construction Company including all the alternatives agreed to per the backup materi- al, and the financing to go with it, seconded by Mr. Randolph, Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr, Andrews - Yes; Mr, Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes, Said motion passed with a 5 to 0 vote, 14, Appointment of an Insurance Task Team, The Commission is to consider appointing a Task Team to review and make recommendations regarding Employee Health Insurance rates, alternatives and options, Approval is recommended. The Interim City Manager stated this item was requested by the Commission because they indicated there are individuals who might like to serve on this task team. Mr. Randolph submitted the names of Elivia Maclean and Noodrow Lockett, Mayor Lynch submitted the names of Charles Gwynn and ,John ~ ! M E M 0 RAN DUM TO: Robert A. Barcinski, Acting City Manager THROUGH: John W. Elliott, Assistant City Managerl M.n.ge~.nt Service. FROM: Ted Glas, Purchasing Director ff DATE: May 2, 1990 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - MAY 8, 1990 - BID AWARD - BID .90-29 ElBE_II8nQtLti 11~_I.fgr._~11~_~gee1..1gn~ The City C~1..1on i. reque.ted to a~rd contract to low bidder, Pioneer Contracting, Inc., at a co.t of '1,OO~.1"9. Per the Budget Director, funding i. fr~. !_31.l:.iUI.J.~2-';'.:_(.J(..,_3.J___________ (_.i.f~:1~l~~-;;./j"d_~_____ ) '/f; t'-~!ia.:.Jl'i~_dsiiL._~aJL___________ (ii..tl./J. ~_ ~ ~ .J.UoJ.__k..~_) __JJJ~~~~~;~L~~~~~___________(~L'Z~~~_~~~~_:_~.I~d) 5/~hu I.~kgrgyndl Bid. for this project were received on March I, 1990 frOf'l .1IC (6) contractor., all in accordance ~1th City purcha.ing procedure.. (Bid .90-29. Dacuftentation on fl1e in the Purcha.ing Office.) A tabulation of bids is attached for your r....i..... The City ~ission, at their workshop on May 1, 1990, approved Alternates .2,4,~,8,9. The low bidder including above Alte",nates is Pioneer Cont ract ing, Inc. at a total cost of 'l,OO~,8"9. B.~lml!lWnd.Ugnl Staff recot'll'tends a~ard to the low bidder, Pioneer Contracting, Inc. , at a cost of 'l,OO~,879. Funding as outlined above. 81hcbl!l.nhl Tabulation of Bids Rec~ndation frOf'l Currie & SChneider Associates Rec~ndation frOf'l ~ire Chief pc Chief Keen John Walker /3 ". [IT' DF DELRA' BEA[H FIRE DEPARTMENT ~ E M 0 RAN DUM TO: ROBERT A. BARCINSKI, ACTING CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: MAY 2, 1990 SUBJECT: FIRE STATION NO. 2 - AWARD OF CONTRACT Based on direction by the City Commission on May I, 1990 we have finalized our analysis of bids including the alternates approved at their workshop session, Accordingly, we recommend that Pioneer Construction be awarded a contract for the base bid along with alternates 2, 4, 5, 8 and 9, in the amount of $1,005.879, No contingency funds are included in this amount. Change orders, if any, must be brought to the City Commission for approval, Attached you will find a revised bid spread sheet prepared by our consultants which provides a comparison between the overall low bid and other bids received reflecting the impact of the selected alternates. In addition, you will find a recommendation from the consultants to proceed with this award following their investigation of the credentials and references of the contractor. The City Commission is requested to appropriate funding for this project from the following accounts as part of their agenda action on May 8, 1990: ~ecommended Account Available Appropriation #333-2311-522-60.31 $421,764. $421,764, #340-2313-522-60.31 $447,610, $447,610, Sale of Property (less commission) #333-0000-301-33,00 $299,000, $136,505, 1987 Utility Tax Bond (unallocated interest) TOTAL $1,168,374. $1,005,879. If you should have any questions please call me. V~~, \L Kerry B. Koen Fire Chief KBK/mmh Attachments: 2 cc: Mrs, Kincaide FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 407/243,7400. FAX 407/ 265-4660 .. -. Currie ArCh'It.:>I~. 'I.".-';l....r~ - ,_. . llntcrl(H O"...,gru"r\ .. - - Schneide. - '- - Associates lS Se~hrecze - - - lJfl"y O~J,h. FL -. -, - AlA. PA n~al }J.II' J. 1 990 . ' 4071l7(~4~5), 1}l.ZZi' 305/42'1- 1566 !1r, .John lI"l kBr Proj-:ct Coordinator CITY OP DT:T.RAY Bb'ACH f.'ngi!leering Depart:JJI(~nt 1001/, h'. First "....enue De 1 C""." Be.:ICh. F / ,.ri dt.l 3.)1,83 J..'c: R~Y JJF.A(H FlRE-".'>.TA1'10N N(1., ,2..- 87449 Dear ,'Ir, WoJlker, lJdsed UpOll tIle ..urks/lop II/"etillg of TuesddJ', ,'fay 1, ,1990, ill which tIw City Commission ,.e\liel...(~d Iii" e\'dluation report for tile b,iddel's on Delray U',!o1dJ Fin: St"j{,iOll No, 2, ill lI'h.idl thi'Y estrluJish what (hI:! dcc~ptiJble ,,1terlloJtes .'nuId be' fOI" UIi' projcct; rh!' ,1p;Jal'ellf: 10k' I,idder is P;lJlleCl" COlltr'lcting, IIIC, This is ba'ied upon the bds/: /)i d dS [.'t't)Vided Vj' ..aell of U,,, gelleral cOlltrdctlJf'S "nd k'; tll tilc 1'0 11 O..'illg ., I t ermi tes l)(~illg ~ccf'pl.ed, Alternclt" No, 2 -kId the ff/f!zzdninr: flool'. A.lternate No.4 - Provide cLlbinctr.1i .:It alco....('!, ",atcll office, ,~t,:. AlterDd{" No, 5 - l'ro.'idc ilJumioUlll storm shutt~r-s, Alterndte No, 8 - Provide ",ood lockeT'S ill lieu or metal, Altcrn~~:" No.9 - Pro"idc " Juck hole ['or eJ,,,,,,tol'. II'" flllvc enclosed fhl'l~e i'r:ports k'lliclJ :!,hoM' the oriGil1~l bid tn""Zu.ltiOI), the cVi;l.'llatioll of tIle bid...; with (il~ ilccept~d l:lltel'lldte,'f, and II groJplI slwk'ing tht'lr I'"Id(1'jl/.o;hip, [,I~ds/~ /:o,;-lk'<1C"e t/ldl. .'e (lid ",,/. modify t.he rc,'i...ed bid '".I' F~lk-:t\., Illf:., ,)S it reIlltes to the mezzalline floo!', due to tile [act tlldt M'''' f,!cl th.:Jt Uff" should stllY wi th I h" ol"igillal 8ubmi t:ted 1l1.1I,,/,,~rs tll"t were prcsl'llf:ed Mid thllt Fdlkdv, IIIC., .shuuld /Jo!: hll....e tile opporl,lInity tu mOdi(..., (heir /Jvmt,pl' afLer rc\'.i'~'dJlg {JJJ i){ the bids. As Nuted in OUr carrf~";l-'alldcmc(! ul .1pci I 24,. l1)~)O, reg4rding PiOIlf:t'r CUlitrCld'LlIg, llle" .'e ,'Jdl'e no ob;ectior. 1;0 them being the Gellcr"l COlll:rddof' for UJis project, ~sed upon (II", i/ll,,'stigal:ion tlMt M''',~ done. If you 1111\'& alU' quc::.!'Ullns reg(lrdilll! this iS5vse, pICd""l do l)l)t lll:'sit.../e to r:ord'c1ct tlli.'i offict! iJt ."'/)11(' COllVCllip.uce. Sinr:~rely, CURRIE SC~IATF.s ALA, PA Wl, , Ldrry /'f, 'SchnrHdp'l", ALA Prine p~l j,I1Sjdpr' F.I/closures (3) (AX 407:Z4J'8184 -~ ~ _ ~ "" - .-....- ~'.. ,.... ," omAr BEliCH fIRE STAT/ilIl /10 2 EVALUATION DF BIDS RECEIVED WITH AlTERNA YES liS RECOIIHENIlED 8V THE em COM" 1 5S I ON My I, 1990 illD ITEMS FIlLKAV INC. F10Nm: CONSTR, J~NUS ~ HI'.L UOU&LE EE li!lUElNICtICLS ~OUl\A .....-- ---- ----------- ------.............--- --.... ---... --.. - - ---- -..- --.. - --.... -.... -- - -----.. ---- ----- -..-.. .......-------- -....--- .......--------- aU! Bid S9';6 , 9:6, 00 fq5~. ~50. ~o (%O,t)(lQ,')(J it ,02r.t:H,(I') ft,~~O.O(;O,(JO H,076.nOO,(IO Alle...~l8 No 2 II!I Un! ne F1 cor f9~, M~I, 0(1 1~5ItI6(1.{lC' i~L9g0.C(~ 'l22. 7Q(\, (tQ 123,100.00 i2~,S9UO Allernat! No 4 C~binelry at Alec., Watth Oliic! It: H.QOQ,(\<) n.705,\:<) {2.!{hJ.\,(I '21~50.I)O "Z't ~1)O.(I.J 5.;.a~O,oo Al ttrnltf No 5 Alu.inuR Starl Snut t.r~ 115,000,0(1 ';:~.lO',.iJ~' $25,14(I,OQ ,:':" .'fJt'J, 0(1 m,a,)O.oa Il~. 740,0\1 Alternlte 110 8 Woad Lockers m.@QQ,QQ s :0, 3(10.(1(, $15.280.00 t~'J,\!Ov.~~ US,O'){!.Ou m.705,20 AI tern~tt No q Provid. Jack Hole il, 500.00 $\,7'2,00 fI,900,')0 ~2 ,000,00 f~,2\1(I,(,O '5, [9~,OO ::: lI;;r...a~ *.*s,;,u:c: ::;~:: a:::;:;rza_==== 1::: :=:.: =':1 =: = ==== :;;'::::; = a,..:I' ,..a.==:I :s: s:z:'::':: =: = ': ':.: - ';:1' ': =:~: =:: :::=::= :::=::::.: =::::::::t:t: SSI:= &ASE SIP leQ6. 986.00 n~o.q~I),(IO ~q60,\1OQ,QC H .i'~4..J~6,OO t! .'Jb9,OQO,Or, 11,076,000.('0 SASE BID PLUS ALTEP'~QIES Il,Ole.2a6.(IO fl,005,e7q,.j(, I! ,Qr ,'NO,')C l\ ,099.516.00 -I, i34,100,CO f1.IH.~H.SO OIFFERENC~ FRQlIlOIlESI SID ,m,~07,OQ iO,~O m ,121,00 .q2,~q7,OO ':.0,82\'00 m8,255.80 . ," DELRAY am-K fIRE STAfIOK Kel 2 EVALUATION OF aIDS RECE[VEO MRCH 12, 1990 cID m"s F AL~AV I He. ~iOWEER CDNS1R, ,'~NU5 ~ Hli.i. DOUBL! EE r.ILNE:~ICHQL~ vOUM -----...----..---. ..-- ........ --- --------..-...-... -.......... --- ---- ---- -- --.. ---- -........... ---.. --- -_..- ---- -- ---.......................... ~.. ...........-.. on! Bi d fm,'Sb,'lO 1950,950.0(' mO,O~t),9(J Ii ,02~, 72b,\lQ H,ObO,QO(I,00 sl.076,OOO.00 Al t""lte No 1 R;tli ni nq ~.l j 161.0M,(lv '3~,6(14,00 S~2,3(IO,O(I ,;9 .Bvv, 00 SSb, ~\(iil, o~~ f~: ,840,(10 At terMtc No 2 ~tIUn!ne "lollr t8~ ,(liJ\I.\h1 l ~ 5,(18:) to..., $:1 ,~@Q,{I\' iL2,70\1.(IO '=~42(JCI.(I~ li5,59'l,1>il A~ tgrnit. Mo '5 C~.~ Ro~1 i20 I QO(l.l'lO I.,(I~O,(I(\ S8 ,050, (1(, 17, ~OO. ('v 5i .0\").\1-) f~(\,9M.OO Alternate No 4 C.tin;try .t Alcove w.tc~ Office etc H, 000. (I,.' .2,7t\5.lrv S2, 70('. (,(1 '2,2~,I),~i) J3,Jii0, c,; f3,840.00 Al ternate No ~ At"~in". Stilr~ Shutters li5,O(OO,D~ i2S,102,(l\' m,i~O,OO 116,701), (II) l~~,OI)O,O(l Si6,/4Q,QO ~ltern.b No II fl~q9oie t4 ,~M,C.Q H.~QQ,Q(' H,llOO,M n.~5G.Q') f3,aCIO.Cul fZ,S1Q,OQ ~\lern.h No 7 ~lernite Cnpet ~iQ,500.(,~ t2,Qj7,(h) $2,940,00 H,OtO.(IO H,O,)t\,00 '1,80Q.00 P.l ternite No e ~aad L~cker5 m,600,(i~ >11),3ilO.ilO f25,2S0.00 f2~ ,1'0('. 0\\ Sl5,O(l("O~ tl6,765.20 , ' ~lt;r"ite No 9 Fravide J.ck ~ole f>,5M.00 iL:42.QO $I, 9(1(1, ~O $2 \ ')('\1,00 s~,ZOO, Qi) .:i,I'i'J,OO At t!r~lte No (0 Prov\Oe Hell" n.".tor Wi t~. T-..o (Z~ StCya n.,80'},N i"I,QOO.OC ~.25t e,t:, (1<) m ,90('.0(1 ~Z~t\IV\\.V(t 13,240.00 ~lt;rn.t; No 1: Provide Hole I Elevitar Wi to Thrta 13' Sto~; 137.5vO.M $34,160,(1(: w,:ao,oo 1:,7.QOO,O\1 l3i ,,,\1:1, on $.7,266.00 ~=::: :=t~.='ss. .'lI1I:~1I::;:::1': ::::: :=: =:~:::::::::::::: ::: :=:===::=: = ~: ==:::::: ::;.lI&~.;;;:~:;::; =;; :::::::. ::::::: :=:: :::::::: :.: -:.:::.: =: '= = s::=:=== 8ASe: 910 Ce96,986.vii J9SI)t 950. .:;'J 1'960, aeo. 00 tl,OZ4,nb.oo H ,Q6(1 tOO.), <'(- II ,,)7~,~(IQ.OO BASE m PLUS ALTE~NAT<:S 51,087,18;.0:, u !Q5~,QS4.0'J 11.(tl!i .07(..(00 fLt.8.2::~.'::f1 .:,:94,~~~,OC ll, l.t ,130,80 ,. . , , DELRAY BEACH FIREST.AJION NO 2 elo ANAl.. YSIS 1 Ie 1.14 /..a--- 1.12 / ,/ 1 I /3/ " lOd- -- ,,/' ---- LOS / -----~ VI /' ..,.,,/ ~';\ 104 _/ ,/- ,/ .... 5 1.0~ -_/""- y' 8~ .......... ,/ 06 ~' /' iii 1 ,/ " 0,98 ~~ 0,96 Q,~4 .// /' 0.92 ' ./' / 0,9 ./ 0,88 I F'AJ..j{J..VINC, Plmle:ER CONSTR, JANU~ &< HILL OOUa..E EE Io4ll..Ne:;NICHo...~ 000101... OE/oERAL COwmACTORS 0 8A~ W/ALTERN".TES + El(SE BID .' DELRAY BEJ\CH FIRESTATION NO 2 tllD M>IAI...YS/$ 12 - 1.1 1 0,9 0,6 VI r).7 0::" ~ ~ .... 0 0,6 8~ 03 0.5 tD 0,4 LJ.J 0,2 01 0 F'AlJ<AV IHC, PION~ CONS'TR, JAllU:O " HIlL DOUa..E El:: lllLNE!NICHa..s DOUMA \ZZJ UE~RAL CONTRACTORS lSSl 6A::OE W/~'IDlNATES B-'SE BID J ,. . , OELR~Y BEACH FIRE STATlOK No 2 E~ALUmOK OF BIOS RECEI~EO HARCH 12, mo BID ITEHS FAUAV INC. PIONEER CONSTR. JANUS' KILL DOUBLE EE HILNE/NICKOLS DOUHA -----.....- -..---------- ...--- ...-------------...--...------ -----..-------- --- -- ---...- ------ -.. -.. ...-.. ..--..--..... --- -- -- --..... -- -................... Base Bid $896,986,00 $950,950.00 $960,000,00 $I ,024,726.00 11,0.0,000,00 fl,070,()OO.OO Al tern ate No 2 Henanine Floor $8~ ,000. 00 Sl5,OBO,OO $2l,9BO,OO f22,700.00 f23,200,OO S25,599.00 Al ternate No ~ Cabinetry at Alcove Watch Ollice etc 13,000.00 J2,705,OO $2,700.00 $2,250.00 n, 300. 00 f3,8~O,VO ill ternate Ko 5 Alu.inu. Stor. Shutters $\5,000,00 J25,l02.00 $25,140.00 $20,700.00 '32,000,('0 11.,740.00 Alternate No 8 Wood Lockers $15,800.00 $10,300.00 t25,280.00 no,ooo,OO $15,000,00 flo, 7.5. 20 Alternate No 9 Provide Jack Hole $3,500.00 $1,742.00 $1,900.00 $2,000.00 S3, 200. 00 S5,190.00 ==================:======================================:==========:.=:============================================= 8ASE BID $896,986.00 $950,950.00 $960,000.00 $I,02~,726.00 $1,060,000.00 fl,076,OOO.00 BASE BID PLUS ilL TERNA TES $1,018,286.00 fl,005,879.00 $I ,037,000.00 $1,098,370.00 fl, 136, 700. 00 $1,144, m.80 DIFFERENCE FROM LOIlEST BID $12,407,00 $0.00 $31,121.00 f92,~97,OO '130,821.00 H38,255.80 : . ," . . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t1I;j SUBJECT: AGENDA ITEM # '\0 - MEETING OF JANUARY 29, 1991 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD DATE: January 23, 1991 At the Commission meeting held January 8, 1991, the Mayoral appointment of an alternate member in the subcontractor position was postponed. The Code states, "The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor." At this time, no applications have been received from individuals qualifying as a subcontractor. Therefore, while it would be desirable to have a subcontractor, it is not an absolute requirement and it would not be inappropriate for a layperson to be appointed to the vacancy. The following laypersons have submitted their applications and resumes and would like to be considered for appointment: Sid Soloway, Anthony Veltri, and Horace Waldman. The term will run through January 14, 1993. Based upon the rotation system, the appointment is to be made by Mayor Lynch (Seat #5). With the appointment of Dominick Sarlo to the position of regular member as a general contractor, there is a vacancy for an alternate general contractor. William Stone is interested in being considered for appointment to this position. The term will run through January 14, 1992. His application and resume are attached. Based upon the rotation system, the appointment would be made by Commissioner Randolph (Seat #4). Another option could be to leave both these positions vacant with the intention of ultimately reducing the number of alternates as outlined in the attached memo from the City Attorney. CITY RTTORNEY'S OFFICE TEL No, 407 278 4755 Jan 25,91 13:08 P.02 . ',- , <; '~ I- tny OF DELAAY BEAtll",d,4;~' .'~ ";w.. .. ;,:-.;,....,':\.. 1 .... ........... . ',"" ~"'" ..' .111~1i: , ..'l#t~ 1t<(~111,,/1,~,',~~1,.1)' ',:H',~"""""" .:...: '. '('" ;1; ".'li,'''l'.~'I'Ij,,~ '. . " I" 'i. ,\ ~\" I i</!""';, .,",/: .'.\rl~, . "...',""".....,... '",. ..,.." ..,....,.,..,...._:JIiIG ,:'1:1,,/ ,~~,.", ~ , ".' ,.', .. CITY AnORNEY'S OFFICE 310 S.l!. 151 STRBt:T, SUiTt: 4. b(:,LRAY af:ACI1, FTORInA 3341\3 407/243-7090. TELECOPIER 407/27B~75S MEMORANDUM Date: January 25, 1991 TO: City Commission From: Jeffrey S. Kurtz, City Atturney Subject: Code Enforcement Board Alternates our File '39-91.001 The makeup of the City's code Enforcement Board is set forth in Section 37.15 of our Code and consists of seven regular and seven alternate members. Included with numerous other changes several years ago, State statutes on code board5 were amended to require only seven regular members ana two alternates. Our ordinances were amended to coincide with State statutes with the exception of the reduction in the number of alternales. The reason it was not changed at that time was because the city Commission was contemplating creating a second seven member Code Board to alleviate the case load on the original code Board. Had that change taken place, the plan was for alternate members to become regular members on the second board. Obviously the second board has not been creat~d ana staff desire direction on whether the Commission wishes to continue having seven alternate members to the Board. While not in total conformity with the StaLe statutes, I du not believe the makeup of our Board would be the subject of a challenge. It is our otfice's opinion that having a diffarenL number of alternates than was contemplated by the State statutes is within the Commission's discretion. Should the Commission wish to reduce the number of alternates, I would suggest that no further alternate appointments be made until such time as we are down to the last two alternates and then amend the ordinance at that time. This would leave US in a situation where there would be up to five unfilled alternate positions on the Board and during that period of time the City Clerk's Office could monitor the need for alternates. ! JSl<; jw E ! cc: David Harden, City Manager Lula Butler, Director of Community Improvement Alison MacGregor Harty, City Clerk '. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Slt.i,^e~ s. S 0 lo-w~ NAME l~~S" t\\..(O, \~ ~~. C"f>lo~ 'Det~-:e~ ~~lt~.r HOME STREET ADDRESS, CITY, ZIP (LEGAL RESI NCE) N~/Jtr PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP ~1~- lil~ .s~4L HOME PHONE BUSINESS PHONE ON WHA~RDS ARE YOU I1ERE~ED ~~ SERV,fNG ~~~~~V\~ ""~ ")..CJYH"1 ~q) ,..- "?)C~ eLl> (J j l(.s f.1.l'.f! C YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY '" ,......,..~i~~~tlB~~ _a~,\ -- EDUCATIONAL QUALIFICATIONS ').,~ ...,. ~ !J-, ( - ._---_. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. _____~t:lM ,;- ------- GIVE YOUR PRESE~T, ~MOST RECENT EMPLOYER, AND POSITION ~~\Cr e,~~~ DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. '-l \ ~ 0" l!....)O'W\,~~'\ 1"" )..0 .-.~~ bo~. -- -- PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP- PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. /1/3/9U ~~ ~~ -- ~J~________ DATE '. ' , CITY OF DELRAY BEACH ~~ \JrC\O BOARD MEMBER APPLICATION ~~ ~ , V /3.1./1121 NAME 4J rl-\ O.vy d 9/S-:-'C. .. ;J, W' / ~ J.;. J)~ f,1C1l- ~/HA ~L, ) J 'I t; ,s- HOME ADDRESS (Street, City, Zip Code) (LEGAL RESI ENCE) {!fL- I r'p.i) PRINCIPAL BUSINESS ADORES (Street. City. Zip Code) HOME PHONE el 07) ~?). -' O.Ls-,2 BUSINESS PHONE -- ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~~li-r{) of Ikh -- - 'i{Z'.(' / rHPlIl C~(J) LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) /3o~'yJ~ O} Ad5W~/>>,)t'-nt- C-uY'YfJ.Jtll/ -- ,/ EDUCATIONAL QUALIFICATIONS LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD IUoA9l - ~s./ -Ii, '(' e LII'.J.eo - f() - I3d. () J. 1I-c1.]UJi:mf"o-r?t: GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION Ci;:AJ, lJc(rrfA#.A7 iJ a r'e,~IAI. 1 JJ c/"-' - #s JtJ G~A), /ldJ~ It:.. r /~QVDb p-v+v ~ . c 4S UAI..f-rc c./ A h."'J' I' ( DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WH CH QUALIFY YOU TO SERVE ON THIS BOARD ~. 1:' -in . t'xa)JerlfP J1J",,*~T) sJlJ11.J H.J jt.. dey J!)nJ,f /JJJ""IfPc't" (~tope".f , ~ LtA6i'J,.,.ty e/II/~ af eve.r--y AJ~t;ur@' -,,,,fILl' "/"'I>JI 11J.. frJ ~ (! IA.'rVfl.lf- BeI.~.f lW1"t, bolA 4.( Au A~I~".v/J~." .r rsr"'h,;- .N~~~P"', PLEASE ATTACH A BRIEF RESUME. -1hAv K $Q.l,(, I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~~. ~ /P~ /ffo --- SIG TURE DATE 4/90 " , ' 9/8/87 'lb: Ci ty Ca' ;sioners Intel:est:ed in 'ard of 1dj\.-t.-IL appoiDtllllmt~"" City Cl . r/f/f7 @ , . Attn: James Pennington, City Manager City of Delray Beach, Fla. RESUME NAME: Anthony Veltri ADDRESS: 2915 C NW 12 St. Delray Beach, Fla. 33445 Phone: 272-0252 Edu,cation: High School plus courses in Business Admin. and Labor Management, Columbia Univ., N.Y. Career: 28~ years in General Adjustment Bureau - last ten years as Executive General Adjuster, NYC, handling all types of insurance claims (property and casualty) Community Service: Kiwanis Club, Lions Club in Baldwin, N.Y. Served on Coconut Creek City Council as Councilman for three years and Vice Mayor one year. While on Coconut Creek Council, appointed applicants . b d including Board of Adjustment. to varlOUS oafis Helped to plan shopping plaza and zoning in Coconut Creek to accomodate citizens within zoning regulations. Annexed land to City of Coconut Creek. Instrumental in getting more serviceable roads in the city (extension of Atlantic Blvd. and new access road to Broward Community College. Served as president of association at Wynmoor Village four years and Director of Master Assoc. (Rainberry Bay for two years. Personal References: Mr. Sidney Gelfand, 3105 NW 15 St, Delray Beach Mrs. Christine Coble(former Mayor and present Councilwo man 243 Sunshine Drive, Coconut Creek, Fla. 33066 ," --- .----.- ~ ~/ ~ CITY OF DELRAY BEACH I I BOARD ~EMBER APPLICATION · NAME H-Of- A c....L - J . [J r!1:!i! 11 ~/ f-jj S W. yf ---nd-- A--v~ 'i, ~ 33 f.f? HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENC ) /Yot!L PRINCIPAL BUSINESS ADDRESS (Street. City, lip Code) HOME PHONE fo1-v7 g-crs1v BUSINESS PHONE t/OHL ON WHAT BOARDS ARE YOU INTERESTED IN SERVING il !?:>OA,) C'5 P.> : fell~;~)\ -fund ( 5 ('> r,e' r 11 \ 1 D D fl . t d l3 r , I LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EDUCATIONAL QUALIFICATIONS ~} /..-L.A3:-tL- (;.LA. D uA Tf- - B.), IH &fO!ESJ A-v )II/ HJS'Tf-moH- f1A.j 0 f- I H l~uH-nllG-- . LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD . tun FlI~.O r l! Bu c- Au -"ut-fT71H-r- < Nb,rriuf.( '; GI E YOUR PRESENT, OR MOrT RECENT EMPLOYER, AND POSITION (5: ~M C:lH ~cJl1./~mJ/ fI~ PA~-n{ DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD A-t-H oS-r- ~ '!f:-A ~ OF- fu B l-/c- brJr-tJn.lG- It-! fA, AWj A?e-A-S oF- /l'ID VfTf-y. It{ A-Dr>'-f'of'/ I f wAS t-4A)~AH oF- ~ BvAtJ) oF- ~.Ju.5'Tf1EH-r- PLEASJ tf.nfcH' t!s.W}fJ~ -.J ~E'I Fop-;- E-Jr=tAL 'I f.fl,U -C-~'s- o-r t1 uC-#- {;; A-+>.s; I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE N~D UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~ {)~, /q<;o S ATURE DATE 4/90 'II I.' . . I - .- ~/C 122/7;; CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME ~ l(; 1J<i- (2-~, l- e 33'frf _Vr-,. s;' *t.. 0fr HOME ADDRESS (Street, Ci y. Zip rf~"( 5kA;<<; f 61 if rJ tlJf /; F( . 33'fts- PRINCIPAL BUSINESS ADDRESS (Street, City. Zip Code) HOME PHONE 7t5"- (/g$ BUSINESS PHONE 2,/' -I 'f 73 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING JIll b~ ~~ Atf~ c ;---- (.:) LIST ALL CITY BOARDS ON WHICH YOU ARE CrRRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) IV (If- EDUCATIONAL QUALIFICATIONS 19.5. I1n - !1~;JA f5r~ , LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Ck 6Lf0l.f 5L\ GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION J.kUA.. ~~~~T f- ~, , 1tw6. DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD ~€.. ~,)dl.. ~ ....-. ~ at ~d\Ioot 30~' 1/4If~ t; ~~~. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE, \}J~ I 0 Iz~/1o SIGNATURE DATE 4/90 ". , , " M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER vfJ7v1 SUBJECT: AGENDA ITEM # , P - MEETING OF JANUARY 29, 1991 APPOINTMENT OF A MEMBER TO THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD DATE: JANUARY 23, 1991 This discussion item was placed on the agenda by Mayor Lynch. The Commission is to consider appointing a member of the community to the SCRWTD Board. Should this item receive favorable consideration, the length of term of service on the Board will be two years as provided by Sec. 32.08 of the City code. '. , ~~rJ~&- ~cfl~ PH ~~ - on i/d-q /q , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS p~ to c;l;/S J'i I W/S FROM: CITY MANAGERL9I1 SUBJECT: AGENDA ITEM # I()~ - MEETING OF JANUARY 29, 1991 REQUEST FOR WAIVER OF CITY CODE- PINEAPPLE COTTAGE DATE: January 22, 1991 The owners of the Pineapple Cottage located at 112 N.E. 1st Avenue are requesting waiver of City Code provisions which require paving and landscape curbing improvements as part of the development of Pineapple Cottage. As there are no provisions in the LDRs for waiver of the paving requirement, a public hearing is required, The Historic Preservation Board at their January 16th meeting considered a site plan for the Pineapple Cottage which involves converting an existing residential structure in to office space. The Pineapple Cottage is located in the Old School Square Historic District, The applicant requested three variances from the Historic Preservation Board: -reduction in length of parking spaces from 25 feet to 21 feet -reduction in number of required parking spaces from six to three -reduction in the side setback to 3,5 feet and rear setback to one foot After the public hearing, the Historic Preservation Board approved all three variances. Additionally, the Board considered the applicant's request for waivers requiring City Commission action, Those requested waivers are: -relief from paving alley from N.E, 1st Street to the north property line -relief from requirement for nonmountable curbing The Historic Preservation Board recommended that each of these waivers be granted as the widening and paving of alleys is not consistent with the purpose and intent of historic preservation in the Old School Square Historic District. In addition, the site plan was approved subject to conditions. Attached as backup material for this item is a staff report which addresses apparent discrepancies between Comprehensive Plan policies, Engineering and improvement requirements, and the position of the Historic Preservation Board with regard to paving requirements, Based upon that information, the Commission may want to either deny the waiver request for paving of the alleyway or direct that an additional standard for alleyways which are not to be paved be created and applied to this situation, With respect to the waiver regarding the landscape protection (nonmountable curbing), there are waiver provisions in the Landscape portion of the LDRs, Previously, waivers have been granted in similar circumstances. AGENDA REPORT Meeting of / /90 Recommend approval of the request for waiver for the installation of nonmountable curbing and consideration of the request for waiver of paving requirements, - 2 - C I T Y COM MIS S ION DOC U MEN TAT ION TO: ALISON MACGREGOR-HARTY, CITY CLERK ,~~ FROM: DA ID J. KOVA~IRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 29, 1991 WAIVER OF CITY CODE RE PAVING REQUIREMENTS AND LANDSCAPE CURBING FOR THE "PINEAPPLE COTTAGE" ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of grantinq waivers to two provisions of the LDRs which apply to the proposed site development for Pineapple Cottage. The waivers are with respect to the following: * 5.3.1(E) Improvement Obligations which call. for the installation of improvements (paving of the alley) concurrent with, or prior to, construction of the associated development application. * 4.6.16(E)(3) Landscape protection by nonmountable curbing. BACKGROUND: Attached is a report of actions taken by the Historic Preservation Board with respect to site plan approval for Pineapple Cottage. As a part of that consideration, the Board recommended that the above waivers be granted. There is not a provision in the LDRs for the waiver of the alley paving requirement. Thus, it is being considered at public hearing under the Commission's authority to grant waivers when there is no other avenue available. city Commission Documentation Waiver of City Code Re Paving Requirements and Landscape Curbing for the "Pineapple Cottage" Page 2 The following issues apply to the paving waiver: 1- The City Engineer requires that all street and alleyway improvements be paved. There are long term maintenance and repair costs which make non-paved (gravel) alleys inappropriate. 2. The Comprehensive Plan calls for the use of the alleyways on either side of Swinton in order to further encourage adaptive reuse and non-residential development along Swinton. Thus, the alley in this block will have a relatively high usage rate as such development and reuse progresses. 3. In this case, the alley is being used to meet parking lot design requirements by providing the back-out area from on-site parking and as the driveway aisle to a paved street. Thus, in addition to meeting the requirement for pavement of an alley, it is also meeting the requirement of a paved surface for parking lots. 4. In this case, the existing condition of the alley is substandard with respect to width of travelway and condition of driving surface. Even if paving were not required, improvement of the alley to another standard should be required. 5. The paving requirement is a matter of concurrency. Thus, it is necessary that if, indeed, the requirement is to be waived in this instance, then there should be an additional standard which sets forth when non-paved alleys can be used for non-residential and residential purposes. 6 . The Historic Preservation Board has put forth the position that the widening and paving of alleys is not consistent with the purpose and intent of historic preservation goals in the Old School Square Historic District. Thus, there is an apparent discrepancy between Comprehensive Plan policies (items 2 and 5) , Engineering and improvement requirements (items 1 and 3) , and the position of the Historic Preservation Board (item 6). Resolution of this matter in favor of the Board's position would also suggest changes to the portions of the Comprehensive Plan and/or the establishment of an additional standard for alleyway construction. with respect to the waiver regarding the landscape protection, there are provisions in the Landscape portion of the LDRs [4.6.16(C)(2)] which allow for waivers. Waivers have been granted in similar circumstances. .., City Commission Documentation Waiver of City Code Re Paving Requirements and Landscape Curbing for the "Pineapple Cottage" Page 3 RECOMMENDED ACTION: By motion, approval of the waiver request for not requiring the nonmountable curbing for landscape protection. By motion, denial of the waiver request for not paving the alleyway (unless direction is also given to create an additional standard for alleyways which are not to be paved and that such a standard apply to this situation). Attachment: * P&Z Departmental Memo, Weedon to Kovacs * Reduction of site plan DJK#78/CCJOHN.TXT ," MEMORANDUM TO: David J. Kovacs Director of Planning and Zoning FROM: Stan Weedon, Jr. , Planner IIrp RE: Pineapple Cottage; Consideration of Waivers Report of Historic Preservation Board's Action on the Site Plan and Waivers DATE: January 22, 1991 BACKGROUND: At their meeting of January 16, 1991, the Historic Preservation Board considered the site plan, three variances and two waivers for the Pineapple Cottage. REPORT OF BOARD ACTIONS: Overall Compatibility. The Historic Preservation Board considered the attached staff report and prior to considering the separate actions had a discussion on whether the number of individual uses ( 3) and mix of uses (residential and office) was consistent with the Board's direction as expressed in the purpose and intent of the Old School Square Historic Arts District. The Historic Preservation Board's decision was that the uses as proposed are consistent with the purpose and intent of the OSSHAD District. Variances. The applicant requested three variances from the Historic Preservation Board; 1- a reduction in the length of parking spaces from 25 feet to 21 feet, 2. a reduction in the number of required parking spaces from 6 to 3, and 3. a reduction in the side setback to 3.5 feet and the rear setback to 1 foot. After a public hearing, the Historic Preservation Board approved all three variances. The Board and the applicant agreed to amend the rear yard setback to include a 45 degree bevel adjacent to the parking area to improve visibility from the first parking space. No public testimony was received against the requested variances. .. Speaking in favor of the variances were Clemmer Mayhew; Ann Fulton, Co-Chair of the Old School Square Property Owners Association; Betty Tomelliri; and Michael Soleri. The Board cited the purpose and intent of historic preservation as their finding for (in favor of) the variances. Waivers. The applicant has requested two waivers from the City Commission. The Historic Preservation Board considered each of the requested waivers for the purpose of making a recommendation to the City Commission. The requested waivers are: 1- that the alley not be paved from N.E. 1st Street to the north property line of the subject property, and 2. that the nonmountable curbing not be required. The Historic Preservation Board recommended that each of the above noted waivers be granted. The Board indicated that the widening and paving of the alleys was not consistent with the purpose and intent of historic preservation in the Old School Square Historic District. Site Plan. The Board approved the site plan subject to the following: 1- remove the portion of the cement slab that encroaches into the adjacent property at the northwest corner of the site, 2. per Section 4.6.16(E)(7), appropriate spacing of hedging shrubs, 3. per 4.6.16(1), resod all areas where grass has died or is weed infested, 4. indicate the location and screening of the solid waste container(s), and provide verification from Solid Waste that roll-out carts are acceptable, 5. dedicate 5 feet of right-of-way for N.E. 1st Street, and 6. amendment of the plan to accommodate any of the waivers which are not granted by the City Commission. The Historic Preservation Board, pursuant to powers granted to it, also approved: A. the use of pea rock as a parking surface B. that dedication of 2 feet (2") of alley right-of-way not be required, and C. granted a Certificate of Appropriateness for the site plan. RECOMMENDATION: The Historic Preservation Board recommended that the City Commission approve the waivers associated with the site plan for the Pineapple Cottage. ," . 'J' .. ~J I I J~'3'RD"~1I "- ,~ I-t=:....JI r" ~ 6{ NE I I I .. I I(....ll,.~., ~ ~ ~ ~ 4'l '~e.,/) "of I I - R'-$"~7()1 2.. 2J ... ~ I I "~'7~ I . I lQ1 - .J:l Z!d t 1- ~ .1d 18 ~ 14.1 . 9 1 ~ .2- 1).1 ~ '" - 17,1 I - .. ~ t. 11 .fu! ... ~ " "- , .. :I. ~J..S U , 1.J ~ .. " .. .Ii ~ 16 III 16.1 ~ 11 ~ ~ 9,1 ~I v ~ 7S ~ J. '" 10.1 ~19 \Q ; 22 ...- 13 ~ .Q - . ~ 12,. ''Ie, - ,0 -',,2.. - , ~, ~ NE 2ND 51 .:! f IJI I I~S Ii" ,,, .U i! 1 ~ 1. 91-Q '~ J... 9 - I - .... , ''6) ... 2 -~ ~ ~ " /- m 2'2. - }' 10.1 .i ~ h 11 , - - t " II ~. .2 - , ) ; ~ - 4 !1. o ;.., &: - /" - 12 z ell .s. !N - ... ~ ~ 2J. ~, ': ;t. Q. ~ ., ( :> ~.1 'iJ 7 ~ l1J .2..-- ~. '~ r., 'fU :... ., !!:Z - 4 ~ .. Q;I / ,.. '. 10 . i ''i - ~ - .. 7.2 .!:! n U 4 "' .,...... /- >- ~ '" hZ. ~ ~ - 9/ . . NE 1ST 5T ~ ..t zsa. 'S ll~ ' -~ I ..... I 7 '- ~ - 0::- -' ~bL -r:"... 1 /' ,~ , J.77AC ~ '. a l ::: 68 .-..., ~ J 'r-i .. - ~ , ) , ,lll r , '~/' -'~, . f' !l. ~ 17 ~].. QJ ~ ~ .... - ~ \ , ~ "" ~ p Ir'\! , ~ , , ~ ... .., 4/) 0K- +') '-t3 ,.? ~ ~ '- ~ 1 ~ , -4 - 1.. ~ ... ~ f;. " - '"~ , ~ c, . . . . 65 cl E \'l U - . t s:x ~~ ~~ ~~ .~~ '(. < ~ ,~~ ~ (lI r-> ~: I ~1: e I~~ i3 e n' 111)) I ' ~~ Z ~ ~ ~ ~ ~r I o I ", ~ 0 ~\L f...--) ~ I I ~ ~~ f--/ l~ I : ~~ ~~ ,"(1\ 1Sl8 / 13,4' tw,l' ZS,61 ~ : o 0 ~ ' ~1 - -----1 ~ ~ ~~ ~ \ I I o 'l~" I ~ : 2\tl " \~' IIII a~ ' , " 12 -'__ __-__ _ ~~ \l,(l\ I .' ~ '~ ~~ I ',,' . I ' ' Q ,,- ~ -~ ~O I &.,,;, " I ~', ..~,. ~ ~ E -i I .;. I ~ .. 61'\ I - , , ~ ~ ~ - '(fj I,'. . 8 ~ I ~ ~ ~: () I I ' ~~z ~ ~ ' ~ ' , I ~~ I ~~Q l!t ~ \ ~ 8' ~ I ~: I 0 I ~ ~ ~~ I S~ I I ~ ~ Q , '1\~, I ~ I I" "t' : \\Ill' I ~ ' I::: l ~ l I'll ~ I ---- - I' -.'(/:":M, R~ - - - -l- - '_ !:L(~ <:;/':1 :I I ~ ~Il\ ;-I I ~ "'l, 0 ;;;~ , -i, ~ l!i ~ \) t" (~. ~,~. o~_ q :' '('. (..r;,;) , III M .~." . ".....' \~.;." ~ ~fOI 'v >. ( ~ ~ 1- - -- 'T, "", r::: J :i ;; , ~,'" 0 . ~; L - . , ,"' ~~ ~~ ;L o::! ~~ ~o (11tJ~~ - ! I r ..., ,lI! ~ ~i ~ ~~~ ' m2 :OPllD:A ' ~ , ~ (j) ~ 00 :< , "" ~ _ PI ~ 1Il~ p tl );: ~ ~ o~ '. I ~ ,;J:PI :~ ~~ il '"11 ~ (,1~ {)Ii.\! r ~ r P1 ~)') rlI~ ~. ~c 1-('1- 2 _ · 'L o III 2 ' ~'I\ om- m ~ ~ ~ jj~~ D. - '> B~ 'l ' x~ - m~ ~ 161 ... '.Q~2 HISTO,RIC PRE=SERV A l-ION BOARD CITY, OF DELFiAY BEACH MEET ING mTE: JANUARY 16, 1991 STAFF REPORT AGEtO=l ITEM: II 6 C.O.A. 8-125: Site Plan Approval for Pineapple Cottage located on ITEM: the west side of N.E. 1st Avenue, between N.E. 1st Street and N.E, 2nd Street. ~W~ 4." 4..~._ n ....n p- ---...- I 5 I! S 13 5 - 13 . , '.... ... ~. ~ .~E:- ~ S ,j ,.,tS, ~'- , _. s ", . .' IJ . . ' " ' ~ ' ~ ..~..~ .tI*" _ I " e ~~' 14 . 14 ~ U . I. . . ~ ,.;, , , 17 ' . 7 ',~,,- - , I! '7 I!; '7 IS' 7 ':0:' '7 5 ' ~ 'lDO~ I" . _ .. ~I 7 IS ..'.,- " ' " . e I; ;; e IG _ ~ I.... II t" I · IST...:.W....: " S';'';' ';:":.ll ~ ,~, ~J ~ ; !. ,~; rl' ~ I It_ - ""rzp -.;D'1 : I ~ ' ' . ~' N, E. i ST · Ii · - It "~" ~.~ W 1" .. 'rr . "'-,; ~ ' I"" I ~ i r 7 I n I ,i- IS. ~ I'" ~ - c: q ~ ~'- :;i:]' ~ ", . 2 .!.- ,., t 1$ lOll ~ :z:...!.- ---;0: 0:- '..-: 4.4 5'Z' 3 9 PUBLIC - I--- . . ,.", ,.1 f-T,-: 2;'" !-~ L-. - '_...'. ,)..:- r---;;-; :- ~ 4 I'" 10 ~ 6 8 ~ . 10 I ... J .Il II ItI "'... _10, ~ ~ ~ "",, ~:- f- .. - - II "":.' 9 'I ~,s .:::.!!...:.. ~ : ~c . s "."" S 11 . j ,1' U " ' ,- , .2 'Z - - ~, a. "~I,.. --;r--:-l:- 11m. .. . ~ SCHOOL_' "! . u~ ., " .." ...!!... ~ · ~, :.I~ H,:_ ~.:~t ~~~~~ ~ ... ~ 1:.," -:.: ~.:. ,,+~ .:~: · 'L .~~ J~ : '$t.~. +,.,~ ~ .. :3ENERAL DATA: Owner...........................John Baccari and Joan Baccari Agent...........................John Baccari Location....................... .'I'w'o (2 ) lots north of Northeast 1st Street on the West side of Northeast 1st Avenue. Property Size...................O.19 Acres city Land Use Plan..............Transitional city Zoning.....................OSSHAD (Old School Square Historic Arts District) Adjacent Zoning.................The subject property is bounded on all sides by land zoned OSSHAD (Old School Square Historic Arts District) Existing Land Use...............Residential Proposed Land Use...............Residential and Professional Office. Water Service...................2" water main along Northeast 1st Avenue. Sc'-~er Service.................. .8" sanitary sewer along alley of block 67. '" Historic Preservation Board Staff Report Pineapple Cottage - Site Plan Approval Page 2 The subject property has a Land Use Plan designation of Transitional. The OSSHAD zone district is consistent with the Transitional land use designation. The professional office is a permitted use within the OSSHAD. A single family residence, either separate or within a structure housing a non-residential use is allowed as an accessory use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. The applicant, owner, will not be residing on the property. As previously stated, the apartment above the accessory structure is nonconforming, however it was legally established and is allowed to continue. The introduction of a commercial use into the accessory structure and a mix of commercial use and residential use in the manner described may not be in concert with the intent of the OSSHAD formulation; however, the wording of the regulations is such that, from a use standpoint, the request may be received and processed. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service as established within the Comprehensive Plan. For sewer and water, concurrency shall mean that direct connection to a functioning municipal system is made. For streets(traffic), drainage, open space (parks), and solid waste concurrency shall be determined by the following): * the improvement is in place prior to issuance of the occupancy permit; * the improvement is bonded, as part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; * the improvement is part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Water: Water is provided via an existing 2" water main located within the N.E. 1st Avenue right-of-way. Fire suppression is provided via an existing fire hydrant located at the southeast corner of Swinton Avenue and N.E. 1st Street. No water main extension or upgrading is required with this development proposal. Sewer: Sewer service is provided via an 8" sewer main located within the alley to the rear of the subject property. No sewer main extension or upgrading is required with this development proposal. ," Historic Preservation Board Staff Report Pineapple Cottage - Site Plan Approval Page 4 Parks and Solid Waste: The location of solid waste containers has not been provided. The applicant must contact Waste Management and request that roll-out carts be utilized versus a dumpster. The applicant must provide a letter from Waste Management verifying that roll-out carts are acceptable and indicate their location and type of screening on the site plan. Consistency: Pursuant to Section 3.3.1 (Basis for Determining Consistency), the performance standards setforth in Section 3.3.3 (Standards for Site Plan Actions) along with compliance to Section 2.4.5(F)(5)(General Compatibility and Harmony with Adjacent Properties) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making of a finding of overall consistency. The applicable performance standards of Section 3.3.3 and other policies which apply are as follows: Standards for Site Plan Action A) Building design, landscaping, and lighting shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. (Traffic Element C-1.2) The landscaping that is proposed along the south property line will not affect visibility as it pertains to traffic circulation. However, as the alley is improved northward to N.E. 2nd Street and motorist travel southbound, visibility of motorists backing-out of the proposed parking spaces may be affected by the fence and trellis proposed 1 ft. off the west property line. B) (Separation of Travelways) Does not apply. C) (Open Space Enhancements) Does not apply. D) That any street widening associated with the development shall not be detrimental upon desired character and cohesiveness of affected residential areas. (Housing Element A-6.1) As stated previously in the Concurrency section of this report, similar developments are anticipated which will utilize the alley as the primary means of access. The associated alley widening is to facilitate the overall desires for alternative access and the desired character of the OSSHAD zone district. E) (Development of vacant land consistent with adjacent development) Does not apply. ,,. Historic Preservation Board Staff Report Pineapple Cottage - Site Plan Approval Page 6 Setbacks: Pursuant to Section 4.3.4(K), the rear building setback must be 10 ft. and the side setback must be 7.5 ft. The proposed trellis encroaches 8 ft. into the rear setback and 4 ft. into the side setback. While trellises are allowed to extend into the setback areas, the allowance was only for the principal structure on the site. The applicant has requested variances to reduce the required side setback to 3.5 ft. and the rear setback to 1 ft. In addition, if the requirement for the dedication of 2 ft. of alley right-of-way is not waived, the trellis will encroach 1 ft. into the alley right-of-way. Due to potential sight obstruction as discussed under Standard A, staff does not support this variance. If the Board is inclined to grant the variance, the trellis should be setback 4 ft. from the existing property line. This will accommodate 2 ft. of right-of-way dedication and mitigate sight obstructions. TECHNICAL ITEMS: The following are items that do not require specific action of the Board and will be addressed with the submittal of a revised site plan. 1. At the northwest corner of the site, remove the portion of the cement slab that encroaches onto the adjacent property. 2. Per 4.6.16(E)(7), (regarding the Eugenia hedge) shrubs shall be spaced a maximum of two (2) feet on center unless plants are exceptionally full, in which case the shrubs shall be permitted to be planted up to a maximum of thirty (30) inches, center to center, provided the branches are touching at the time of planting. 3. Per 4.6.16(I), applicant shall resod all areas where grass has died or is weed infested. Most of the lawn within the fenced area has died and needs replacement. Other Items: The applicant will be requesting a waiver to Section 4.6.16(E)(3) (Landscape Section), that all landscape areas shall be separated from vehicular use areas by nonmountable curbing. A waiver to this Code Section can only be granted by the City Commission. Review by Others: Community Redevelopment Aqency The subject property is located within the City's Community Redevelopment Area, thus requiring review of the proposal by the C.R.A. At its meeting of November 12, 1990, the C.R.A. reviewed the development proposal. The Agency had a concern with the number of uses on the property and concluded that the accessory structure should contain only one active use. '. Historic Preservation Board Staff Report Pineapple Cottage - Site Plan Approval Page 8 The Historic Preservation Board should take the following steps in taking action on the development proposal. 1. Overall Compatibility - Can the Historic Preservation Board make a supportive finding for: A. The Project as proposed. B. The Project with modifications. Options are: A-NO, B-NO - Proceed to reject the proposal on individual areas. A-NO, B-YES - Proceed to address the variances and waivers. A-YES - Proceed to address the variances and waivers. 2. Variances A. Reduction in the length of the parking spaces from 25 ft. to 21 ft., B. Reduction in the number of parking spaces from 6 to 3, and C. Reduction of the side setback to 3.5 ft. and the rear setback to 1 ft. 3. Waivers A. That the dedication for 2 ft. of alley right-of-way not be required. B. That the alley not be paved from N.E. 1st Street to the north property line of the subject property. C. That the nonmountable curbing not be required. 4. Site Plan Action A. Denial for failure to meet the Compatibility finding based upon a failure to meet Code requirements (variances and waivers). B. Approve based upon modifications as follows - that a revised site plan be submitted addressing Technical Items 1-3, indicating the location and screening of the solid waste containers and indicating those items for which variances and waivers were not granted. .. o~&' ~ ~"t&r)~i: A3.-'''' 191 r l=~ j rrr ~['f V j] ~ <( _,.t. ,__ r U' ~g ~, ~'~ ~~l ~~\II ~~ ~~~, ___ ,~ 'cr ~~~ ilJ ~ b,~6 ~rr~ ~ JIll :jt;zoE ~~5 ~IJ ~ ~ {) -"1 t' · ,.) '/:''1 a UDlli( ill 'L -2 V~L ~, - ; ~:I\:. _~,;n ='.I:\\l' J.34'Q: ~,t ;.) Q.:, .J.. c:l: i= \) --'....-,. I l...---o, (~ ll.: Q W .A 4: ~~ ~~ l' ,,-..-' .. ~ \ 0 Z 1; 2 I. "-4. 6- l:l~ 1~') 8~1 (] ... ~~ g~ 3 P- [ ., - <l.~~ \\\~, ~mil- ~:r [[ ~ I_'-:~-l": O.A , - (flii:.{ ..... I II x!n \: ~~ U 'fu hl II '( ~t~ ~ u ..)tJ r c:t S 1'1 en m m I: - . i~ I : ~ 0 1.1 ~ l!) t , I ....01 au w _ --] ~!! ~O: 2!: ~ ~-, ~ iii' L .J I I . -1 \ ~ ~ ~ W 0 ~ : ~ ~g=O 2~ ~~ .<'., ".oL ~~ '.\ 7 ,-,ll....:Jr' >'1 . ' (j I!) ~ .:. . ~ F ~~ ~ -;:. '" '... III '... ,r - t-- -,----1 ~ 77. (,)' -:.. .\ ~ "J~..~ '. IO~ I ~ Q ..-:~J ........ ..~, .. " g 11......\ .-,. " I'. I '1-0' > o::':'''\. '>;OJ ") o I (II - . y"~ v 1;.- ~~ I ;': ~~ ~ i 'i: .~~;;> M -.-4'- - --I OU ~"l)p> 0/. - - - - - ill\) I@" , ~g I I'~ l~~~ > I ' \: III 'j U\ I ~ci 0 \' ~ ~ 1 i ~8 I fi3 g ~ I a I \)>. I '--> . ~ ~ ~ ~ I ~ ~~ . I ~~ I ' . ~ <') ~ ~ I ~~i., I CIJ . _ <i\ '0 ~ ~ I !.19 ~ \ _ I ~o 3 "--7 :t " 'I i 'It. I 0 - ~~ ~ _" ~, I,.' ~ I ~~ g, ffi g ~ - -----t--,-'-- I ~1\ ~f ..; ~ . II11 . 'I" \11~ , ~ , _\ ': ," dllL Q I I Q I I ~ ~ ~ ~~ 0 0 '- ,9'SZ ,I'~ ,'l:1'~/} \!)" I e \\1 I : I ---~ ~~ ~ ~ ~, 0 \) L., I 0 I 1 ~ ~ z \!I~ .1 ~ 8 ~ ~~I 2;' I (/ <9 ~~' ~ > 1 -" 1I><~ t" iiiJ 103 \ M '-) . _ ..' .0 S9 ".. .. .. } ~ I , I . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 SIGN CODE WAIVER FOR DELRAY BAIT AND TACKLE DATE: JANUARY 23, 1991 The item before the Commission is a request from Delray Bait and Tackle, 817 N.E. 6th Avenue, for a waiver to Section 4.6.7(E) (7) of the Sign Code to accommodate a sign located on a mural painted on the south wall of the building facing Federal Highway. The applicable code section requires the maximum sign area be 15% of the building face. The written sign area is less than 15%, but if the mural is included, it exceeds the 15% and 160 sq.ft. maximum limit on flat wall signs. The Site Plan Review and Appearance Board denied the sign/mural on December 19, 1990, but directed the applicant to the City Commission for relief inasmuch as this is a unique situation for which there currently exists no clear guidelines. SPRAB also requested direction from the Commission wi th respect to establishment of criteria for approval of such items. At the January 8, 1991, regular meeting, the City Commission made a determination that murals should be considered as a separate item from signs and directed staff to formulate wording to address murals. This matter will be forthcoming and will be presented for consideration by the Commission as part of an overall sign code amendment package. In order to expedite Delray Bait and Tackle's situation, direction was given to pursue relief via the existing waiver process. Hence, the item is back before the Commission having been duly noticed for public hearing in accordance with code requirements. Recommend approval of the sign code waiver to allow the sign and mural for Delray Bait and Tackle. ". MEMORANDUM TO: DAVID HARDEN - CITY MANAGER FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT SUBJECT: SIGN CODE WAIVER FOR DELRAY BAIT AND TACKLE -- - -- DATE: JANUARY 11, 1991 ITEM BEFORE THE COMMISSION: - - Request Commission consider a waiver request for a sign located on a mural. BACKGROUND Delray Bait and Tackle, 817 N.E. 6th Ave. is applying for City Commission approval for a sign located on a mural painted on the south wall facing Federal Highway. The sign and mural was denied by the Site Plan Review and Approval Board. The written sign area is 15' x 3' (45 sq. ft.) within a mural border of 37.5' x 8'4" (315 sq. ft.) . The building wall is 40' xIS' (600 sq. ft.). Section 4.6.7(E)(7) requires the maximum sign area be 15% of the building face. The written sign area is less than 15%, but if the mural were to be included, it exceeds the 15% and 160 sq. ft. maximum limit on flat wall signs. Staff determined the sign to be the wording area only within the mural, with the mural being a separate approval from the sign area. SPRAB denied the sign/mural on 12/19/90. SPRAB felt uncomfortable with staff's interpretation and encouraged the applicant to seek relief from the City Commission. They felt the mural could have been approved separately, but the added wording could make the whole mural a sign. On January 8, 1991 the City Commission directed staff to formulate wording for murals and to request a sign waiver for the sign/mural area. RECOMMENDATION Staff recommends approval of the sign and mural. ~ ~ /- ) . - ,. \ MINUTES: Site Plan Review and Appearance Board Meeting December 19, 1990 Pave 2 would be suitable. The applicant had achieved the effect the board had wanted but would like more of this effect. It was suggested the band be enlarged to create more of a shadow line. Mr. Marsh felt a larger band would create more of an interruption on the planes of the building, It was noted the color of the building as indicated on the rendering was nice. The color was a pale yellow and this color did not correspond with the color chip attached to the application. After discussion, Mr. Talbot moved to recommend approval of the elevations of Arthur James Galleries with the provision that staff verify the color chip to match the color on the rendering; also, the architect is to consider and give come concern on the treatment; the architect is to keep tn mind the concerns of the board as the work progresses; at the time the permit is pulled, the plan is to be reviewed; the applicant is to further refine the band and embellishment; the Board wants to insure some treatment either a banding or plan to bring something back. Seconded by Mr. Marsh with the vote as follows: Debora Oster Yes Rett Talbot Yes Mark Marsh Yes Jess Sowards Yes Gene Fisher Yes William Wilsher Yes IV> Signs A. Delray Bait and Tackle 90-8729 817 N,E, 6th Avenue Tim Becker 1 flat wall sign Represented by Tim Becker. Mrs. Desormeau stated she could only address the wording; the wording meets the code and staff is comfortable with this. Mr. Wilsher was concerned in that an approval would create a precedent for billboards. The application bordered upon being a billboard, added Mr. Wilsher, Mrs, Desorrneau suggested removing the wording and using a projecting sign. Mr. Marsh did not have a problem with the mural but suggested the wording be removed from the mural. Mr. Wilsher felt the board needed to separate the sign portion from the mural. After discussion, Mr. Talbot moved to deny the application for the flat wall sign for the Delray Bait & Tackle based upon the board1s concern about setting a precedent but would recommend an opinion by the City Commission; the board would approve if it was only a sign or only a mural but not together. Seconded by Mr, Marsh with the vote as follows: Gene Fisher Yes Rett Talbot Yes Mark Marsh Yes Jess Sowards Yes ,~ . ,..... . " VI I I i I , I ~I ~ ~ ~ ~ { ~ "- '1 1\ ~ ~ III / .~.- '- ~ ~~ , 'i ~:t I \ \I~ -- ,~ ~~I ~H "". for ~ ;21'n (\,,0 ~ I " . Agenda I tem No, : AGENDA REQUEST Date: 1/14/91 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda When: 1/29/91 Description of agenda item (who. what. where. how much): Waiver request for a sign located on a mural for Delray Bait and Tackle lorRted at 817 NE 6th Avenue ORDINANCE/ RESOLUTION REQUIRED: YESB Draft Attached: YES/NO Recommendation: Approval of sign and mural 61~/~ ~ Department Head Signature: . Determination of Consistency with Co.prehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all ite.s involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: @/ NO PJv1 Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # \()~ - MEETING OF JANUARY 29, 1991 ORDINANCE NO. 1-91 DATE: January 25, 1991 This is a second reading of an Ordinance amending the Land Development Regulations, by changing the rear setback in the Neighborhood Commercial (NC) Zone District. Provisions of this ordinance include a change of the minimum rear setback in the NC Zone District from 40 feet to 10 feet. One additional foot of setback will be required for each foot in building height above 24 feet, The Planning Director has identified some alternative methods of computing the required setback for those buildings over 24 feet, A detailed staff report is attached as backup material for this item. The attached ordinance incorporates the method recommended by the Planning Director. The Planning and Zoning Board will consid~r this matter at their January 28th meeting, Their findings and recommendations will be presented at your Tuesday evening meeting. ~CW ~/5-0 407 278 4755 Jan 25,91 12:33 P,02 CITY RTTORNEY'S OFFICE TEL No. , L,-, ORDINANCE NO, 1-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING . REGULATIONS", 1\.RTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4,3,4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3, 4(K), "DEVELOPMENT STANOA1U>S MATRIX", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CIn OF DELRAY BEACH, FLORIDA, BY CHANGING THE REAR YARD SBTBACK IN THB NEIGHBORHOOD COMMERCIAL ZONE TO EQUATB SETBACK AREAS TO THI HEIGHT OF THE BUILDING WITH A MINIMUM or A 10 I'OOT SETBACK, PROVIDING A SAVING CLAUS I , PROVIDING A REP&ALBR CLAUSE, PROVIDING AN ErrECTIVI DATE. NOW, THEREFORE, BE IT O!U)AINED BY '1'KE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS l'OLLOWSI SeQUon ~r That Chapter 4, "Zoning Regulations", Article 4,3, "District Regulat ons, General Provisions" , Section 4.3.4, "Base D1atrict Dltvelopment Standards", subsection 4.3.4(K), "Development Standards Matrix", of the Land Development Regulations for the City of Delray Beach, Florida, be, and the same 1s hereby amended to read a. follows: S~~CKS .... (ft.) Neighborhood Commercial' He 48 12. ill NOTES: (4) Minimum rear yard setback is ;en feet (10') an4 then one additional foot for each, foot in building height above \..~"utrt",uJ: feet. (24'). -kn -f?~4- (10') , SocHon 2. That should any section or prOVision of thb ordinance or any portion thereof, any paragraph, sentence or word De declared by a court of competent jurisdiction to be invalid such deci- sion shall not effect the validity of the remainder hereof all a whole part thereof other than the part declared to be invalid, sectio~, That all ordinances or parts of ordinances Which are in conflict erewlth are hereby repealad. SeoUon 4, That this ordinance .hall become effective ten (10) days after its passage on second and tinal readln9' PASSED AND ADOPTED in regular se..ion on second and final reading on this the _____ day of , 19___. MAYOR ATTSST: ~ City Clerk Firat Reading v Second Reading I I '. \ I I. I , I I I ,I I, .:, "lli ,\, I.~I ~:' 4',r :(, " " ~~ .~. -.--i'.~:;::-- '," , :0:- .... '.. _ -,~._.' ,~. A-,. ' .a.. . .-X"'-'.' 'I'r',~~; C I T Y COM MIS 5 ION DOCUMENTATION TO: CJ=~j~::' CITY CLERK FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 29, 1991 ORDINANCE 1-91 SETBACK IN THE N.C. DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an ordinance which changes the required setback in the N.C. zone district. BACKGROUND: This item was before the Commission at its last meeting. At that time direction was given to draft the ordinance so that it would accommodate a setback related to building height. A guideline was given that at ten feet (10' ) from the property line, the setback would commence and a building height of ten feet ( 10' ) allowed. Thereafter the setback would increase for each additional foot in height. While the concept seems simple enough it does present some problems. One is that height is measured at the mid-point of the roo f . Another is that, conventionally, the setback point is closer to the property line than is the maximum height i. e. because of sloping roofs the height at the setback line may be 30' while the height of the building per code is 35' further inward to the site and the highest point (top of roof) may be at 40' and still be further from the setback line. Of course, when using a flat roof the maximum height may be accommodated at the setback line. The above complications plus there being at least two concepts discussed at the Commission meeting has lead to the preparation of the attached memorandum which will be considered by the Planning and Zoning Board on January 28th. That Board's advice will be presented at your public hearing. See the attached report for the staff recommendation. Attachment: * P&Z Documentation of January 28th "" PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 28, 1991 AGENDA ITEM: V.A REFERRAL FROM THE CITY COMMISSION REGARDING DIFFERENTIAL SETBACKS IN THE N.C. ZONE DISTRICT ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City commission regarding some new thoughts on the previously considered change of rear yard setback requirements in the N.C. zone district. BACKGROUND: The consideration of a change in the rear yard setback was before the Board last month, at which time a recommendation for a reduction from 40' to 10' was favorably forwarded. At the City Commission meeting, concepts of a differential setback which was related to building height was discussed. In general the thought was that as the building height increased, the setback would also increase. There was a general feeling that the potential for a forty-eight foot (48') structure ten feet from the rear property line was not appropriate; even given the general provision in the LDRs for a "compatibility" finding. Thus, the ordinance was approved on first reading with a change in the caption to accommodate a differential setback but with the specifics to be provided prior to second reading (January 29th). ANALYSIS: There are two ways in which the differential setback can be accommodated. One is simply to require that the setback increase in a ratio to building height. This can be expressed as: Rear yard setback:)! minimum of ten feet (10') and then one additional foot .,for each foot in building height above twenty-four fee~ (24' ) . Graphically. . . . . /- \f. /( I ~ : j i r : ~' I \0 Ir ! J t__ _ ____.___ I ~5' ~ P&Z Staff Report Referal From The City Commission Regarding Differential Setbacks In The N.C. Zone District Page 2 The other approach is to establish a point of reference and then do not allow any part of a building within an area above a 45 degree line. This can be expressed as: Rear yard setback: a minimum of ten feet when the top portion of the effected building, at the ten foot mark, does not exceed twenty-four feet ( 24 ' ) in height. Thereafter, the setback shall increase in a one-to-one ( 1 : 1 ) ratio for each additional foot of height measured at the setback. The height may increase to the district maximum. Graphically .. 'tI - /:/ 1<_110 ~ ~U.\\J;\ f\ewl\ts /'t\I\"I)W~J.... ---~---, ---._- - _..-~ - -- --- There is a problem with the second approach in that it provides a new way for determining building height. At present, height is measured at the midpoint of a roof. Also, there are exceptions from height regulations for non-habitable space. Also, height is determined at the crown of adjacent roadways. Because the former situation (approach) is consistent with other concepts in the LDRs, it is recommended that it be pursued. However 1 the conversation at the City Commission meeting tended to favor the ratio approach. Another option to pursue is to not provide for a differential setback i.e. allow maximum building height at the setback line and make adjustments, as appropriate, based upon site plan approval findings/criteria. RECOMMENDED ACTION: By motion, recommend that if a differential setback is used that it be based upon the simple application of a minimum of ten feet ( 10' ) and then one additional foot for each foot in building height above twenty-four feet (24'). DJK/#78/PZNC.TXT ., 407 278 4755 Jan 25,91 12:33 F' .02 CITY ATTORNEY'S OFFICE TEL Ho, l/ , : \..-...,./ " ... \-----. ~ ~ ~ - :..: _-::-:= ~- - ':":li :-: - "- .. -= = _: , :, ~ ; ORDINANCE NO. 1-91 AN ORDINANCE OF THE CITY CO~~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONSll, ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS" , SUBSECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", OF THE LAND DEVELOP- MENT REGULATIONS OF THE COOE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CHANGING THE REAR YARD SETBACK IN THE NEIGHBORHOOD COMMERCIAL ZONE TO EQUATE SETBACK AREAS TO THE HEIGHT OF THE BUILDING WITH 'A MINIMUM OF A 10 FOOT SETBACK, PROVIDING 1\ SAVING CLAUSE 1 PROVIDING ~ REPEALER CLAUSE, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE ..; OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~eetion 1- That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base District Development standards", subsection 4.).4(K) , "Development Standards Matrix", of the Land Development Regulations for the City of Delray Beach, Florida, be, and the same is herebY amended to read as follows: SETBACKS ......., -... ; REAR :' (ft. ) Neighborhood Commercial NC 49 10 ill NOTES: ( 4) Minimum rear yard setback is ten feet (101) and then one additional foot for each foot in building heiQht above twenty-four feet (24 l ) . Section 2. 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 deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reAding- PASSED AND ADOPTED in regular session on second and final reading on this the day of , 19_. ~ M MAYOR ATTEST: I, ~ p- . City Clerk ; I!'i~~t Reading Seoond Reading I ~ .. i I, ! ( \ I I \ I . I . I I :1 1 ;1 ;1 ~' ',ll. ,~, 1 I ,,!'ii.~. I,;\J~,:':/"+ ...". l . .,-::..,:-- .. ...,............~.t1_ -, ." 12. Ordinance No. 1-9l. Ordinance No. 1-91, amending Chapter 4, "Zoning Regulations", of the Land Development Regulations by decreasing the rear yard setback in the Neighborhood Commercial (NC) Zoning Dis- trict from 40 feet to 10 feet, is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held January 29, 1991. The City Manager presented Ordinance No. 1-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS" , SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(K) , "DEVELOPMENT STANDARDS MATRIX" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANC- ES OF THE CITY OF DELRAY BEACH, FLORIDA, BY DECREASING THE REAR YARD SETBACK IN THE NEIGHBORHOOD COMMERCIAL ZONE FROM 40 FEET TO 10 FEET; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Andrews stated he feels there are some scenarios that would make 10 feet highly inappropriate, because commercial buildings can take any shape or form with a very obtrusive situation abutting residential property. It is his hope that the 10 feet is not an absolute and tha t the site plan is very critical, favoring the adjacent residential over the commercial in all instances. Upon question by Dr. Alperin, David Kovacs, Planning Director, responded that the height limitation is 48 feet. Mayor Lynch commented that he feels part of the problem is that formerly, when any commercial building was going to be constructed near a residential district, it was required that a wall be constructed to isolate the residential portion. Mayor Lynch questioned why this particular issue could not be solved by granting a variance. Mr. Kovacs stated the variance criteria is based upon a hardship. ... . The City Manager suggested, since there seems to be a concern regarding building height, restricting the building height or change the setback by requiring one foot of setback for each equivalent foot of height. For example, if the building was 48 feet in height, the setback would need to be 48 feet. Mr. Randolph stated he has no objection to this ordinance, since there seems to be only one or two exceptions. Dr, Alperin stated he would like to see the ordinance changed to require one foot for each equivalent one foot of height, starting at the minimum 10 foot setback. Dr. Alperin moved for the adoption of Ordinance No. 1-91 on First Reading, as amended. The City Attorney advised there will be a caption change and requested he be granted time to revise this for approval. The Commission concurred to table this item for the time being. At the conclusion of the adoption of Ordinance No. 2-91 ( I tern 12.B. ) the Commission returned to Item 12.A. The City Attorney read the revised caption of Ordinance No. 1-91: ~\S, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING \s~& REGULATIONS", ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.4, "BASE DISTRICT ~GV . 6f\ DEVELOPMENT STANDARDS" , SUBSECTION 4.3.4(K) "DEVELOP- MENT STANDARDS MATRIX" , OF THE LAND DEVELOPMENT ~ REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CHANGING THE REAR YARD SETBACK IN THE NEIGHBORHOOD COMMERCIAL ZONE TO EQUATE SETBACK AREAS TO THE HEIGHT OF THE BUILDING WITH A MINIMUM OF A 10 FOOT SETBACK; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUS E; PROVIDING AN EFFECTIVE DATE. Dr. Alperin moved for the adoption of Ordinance No. 1-91 on First Reading, seconded by Mr. Randolph. 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 o vote. '" '" " ~0Y7 ~ /Ide) (Y1~ PH.- " d9/9 I PLiliU ~ H ~6 I II L 19 I M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ . I SUBJECT: AGENDA ITEM # 12 A - MEETING OF JANUARY 8, 1991 ORDINANCE NO. 1-91 DATE: January 4, 1991 This is first reading of an Ordinance amending Chapter 4, "Zoning Regulations", of the Land Development Regulations of the Code of Ordinances by decreasing the rear yard setback in the Neighborhood Commercial (NC) Zoning District from 40 feet to 10 feet. If passed, Public Hearing will be held on January 29, 1991. This is a privately initiated amendment which will directly affect the development known as Shoppes of Seacrest, located at the northwest corner of 22nd Street and Seacrest Boulevard. The Planning and Zoning Board recommends approval of the request with notice that while ten feet may become the minimum by code, an additional setback may be required pursuant to the Site Plan review process. ., , . .- . --_. ~----~ -" --.-- - -- ~ -----------~-- --- ---- -..--------..- --_.~------- ORDINANCE NO. 1-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.3, "DISTRICT REGULATIONS, .~~ ~ GENERAL PROVISIONS", SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS" , SUBSECTION 4.3.4 (K) , "DEVELOPMENT STANDARDS MATRIX", OF THE LAND DEVELOP- f:'0" MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE... (' \Y, CITY OF DELRAY BEACH, FLORIDA, BY D!:C!l.l!;A.!I-NG THE "-..\I ~REAR YARD SETBACK IN THE NEIGHBORHOOD COMMERCIAL \ ZONE FROM 40 FEET TO 10 FEET; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base District Development Standards", subsection 4.3.4(K), "Development Standards Matrix", of the Land Development Regulations for the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: SETBACKS REAR (ft. ) Neighborhood Commercial NC 49 10 Section 2. 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 deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 19___ MAYOR ATTEST: City Clerk First Reading Second Reading " . . C I T Y COM MIS S ION DOC U MEN TAT ION . TO: GJ::jREGO::TY, CITY CLERK FROM: DAVID J. KOV~' DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 8, 1991 FIRST READING OF AN ORDINANCE ( S) MODIFYING THE TEXT OF THE LOCAL LAND DEVELOPMENT REGULATIONS (LDRS) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of Ordinances which Amend portions of the Land Development Regulations. This is the first of two general Amendments which the Commission will be reviewing in January. This one addresses three private requests and a substantive staff initiated request. The second amendment is more general in nature and involves many sections of the LDRs. Due to the specific nature of these items, the City Attorney has deemed it appropriate that separate enacting Ordinances be processed. BACKGROUND &: PLAHHIHG AND ZONING BOARD CONSIDERATIONS: These proposed Amendments affect the following: 1- A change in the rear yard setback in the NC Zone District from forty feet (40') to ten feet (10'). * A private request which will directly affect development formally known as the Shoppes of Seacrest (22nd Street @ Seacrest). The Board recommended approval of the request with notice that while ten feet may become the minimum by COde, that an additional setback may be required pursuant to the Site Plan Review process. 2. A change in the maximum floor area allowed for a single use under the PC-S designation from 20,000 sq. ft. to 60,000 sq. ft. . City Commission Documentation First Reading Of An Ordinance(s) Modifying the Text Of The Local Land Development Regulations (LDRS) Page 2 * A private request which will directly affect the leasing out of Delray Town Center, Phase II (Linton and Military Trail) . The Board recommended approval based upon testimony from Shadywoods. The testimony provided support based upon private agreements which have been separately entered into. 3. A change in the allowable Conditional Uses in the MIC Zone District through the addition of eight (8) uses. * This change resulted from a private request which affects property owned by Ray Ellison which is located on the west side of Congress, just south of GELCO. The Board recommended approval and noted that by expanding the range of uses, activity can occur which will result in the overall upgrading of the Congress corridor. 4. Addition of items which the Chief Building Official can approve without first being reviewed by the Site Plan Review and Appearance Board. * Section 2.4.5(I)(I)(b) identifies items which the Chief Building Official may approve without Board rev ie~ .-- That current list is being expanded by the addition of some eighteen (18) specific items. The Planning and Zoning Board and the Site Plan Review and Appearance Board both recommended approval. However, each Board did express caution in the execution of this authority by the Chief Building Official. Attached is Documentation, as presented to the Planning and Zoning Board, regarding each of the above items. RECOMMENDED ACTION: By motion, approval of each of the proposed Ordinances based upon the findings and recommendations of the Planning and Zoning Board. Attachment: * P&:Z Staff Report &: Documentation of December 17th, partial. DJK/leh DJK/#74/CCLDR.TXT " . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 17. 1990 cj))- AGENDA ITEM: ...c.. Land Development Regulations, Text Change Considerations .' ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding several proposed amendments to the LDRs. Section 1.1.6 (page 1.1. 3 ) applies. BACKGROUND: When the LDRs we re initially considered it was noted that there will be a continuing need (for awhile) to accommodate changes. This is the first processing of such changes (other amendments for specific items have been processed separately e.g. definition of family, truck parking, second hand sales). Attached you will find a description of the proposed changes. MANNER OF PROCEEDING: Those that deal with private requests should be considered, and acted upon, individually. The others need not be individually considered. However, if there is substantial debate or opposition to an item it should be acted upon separately. RECOMMENDED ACTION: By motion, forward the proposed amendments to the LDRs with a recommendation of approval pursuant to the Director's recommendations and comments. DJK/dlm Nt}~ ~ ~ Attachments: * List of proposed changes DJK/*7S/PZLDR.TXT ~~- . .. PROPOSED AMEIIDMElI'1'S TO THE LAIID DEVELOPMElft' REGULATIONS (WRS) TO BE CONSIDERED BY THE PLANNING AND ZONING BOARD ON DECEMBER 17, 1990, FOR REVIEW AND RECOMMENDATIONS TO THE CITY COMMISSION. FIRST DRAFT OF DECEMBER 9, 1990 SUBJECT TO REVISIONS PRIOR TO THE BOARD MEETING PRIVATE REQUESTS FOR TEXT CHANGES 1- To change the rear yard setback in the Be Zone District from forty feet (40') to ten feet (10'). Request is by the owner of property at Seacrest and 22nd. The pre-LDR zoning was LC which had a setback of ten feet (10'). A previously approved site plan (now expired) observed a ten foot setback. The NC Zone District is the only nonresidential zone district which has a rear yard setback of greater than ten feet other than RO which has a twenty-five foot requirement. Medium and Low Density Multi-Family Housing Districts have rear yard setback requirements of twenty-five feet. Please refer to the Develo~nt Standards Katriz (pages 4.3.43 &: 44 of the LDRS) for a listing of rear yard setback requirements. There is opposition from neighboring property owners. See attached request letter. Director's Position: Favorable consideration should be given based upon the rear yard setback requirements for other zone districts and based upon the existence of "Special District Boundary Treatment requirements" - LOR Section 4.6.4 (page 4.6.3). 2. To change the maximum allowable floor area for a single tenant or a single use from 20,000 sq. ft. to 60,000 sq. ft. within the Planned Commercial Small Scale (PC-S) Zone District. Section 4.4.12(8)(1), Special Regulations PC District, Page 4.4.34. This request is made by the owner of the only property which is zoned PC-S, Delray Town Center Phase II. See the attached letter. Evidently, the leadership of Shadywoods is amicable to this request. Director'. Position: PrOvided that an endorsement is made by Shadywoods, this request should be accommodated. At a later date, following amendment to the future land use map, this special regulation should then be deleted and the zoning on the property chang~d to PC. - 1 - '. ~iiiii;;,.. .,' - ~\ . \ ---, -Cuhaci & Peterson, Architects, Inc. 200 E. Robinson Street, Suite 400, Orlando, Florida 32801-1955 (407) 422-4076 FAX IF. (407) 839-0832 12 November 1990 David Kovacs City of DelRay Beach 100 NW 1st Avenue DelRay Beach, FL 33444 SHOPPES OF SEACREST CP: 9087 Dear David: Further to our meeting of 9 November 1990, this letter shall serve as our formal request to have the required 40' rear yard setback reduced to 10'. As discussed when entering into the transitional zoning for this property, at the time, the issue of setbacks were not addressed with the developer and it has only now been discovered that this 40' setback is required for the neighborhood commercial zoning which was designated for this particular piece of property. As in all other commercial zonings within the current city zoning ordinances, 10' is a standard for this type of land use and therefore we would request to be granted that same privelage. Thank you for your consideration. Should there be any further questions or comments, please do not hesitate to call. , ",\f ," " r "c.. 0/ {t/\ ~ ;' /jV ~~r?'~1~1;F'1])D t<# 0 U. \ r:\, \.L~;.:..,:.l '(:j IF . ~ .,~ ,':.)"'" ~ ~ c " .. - /.l.,. ~~ , N'" 14 i,90 ~ ~ PU\NNi;~G & ZO,,:i;G Edw.rd J. CUh8cl, OAA, OAQ, MRAIC - CEO lonnie G. Pet.rson, AlA, NCAR8 cert. - President MlchHI E. Lynch, AlA, Sr. A.aocl.. J.m.. E. Down., Sr. A.aoclat. Ann. Mart. Scheiner, CAAlSAA, Auocl... - - - - - - -. - - - -- . - . . . ,. December 2,1990 Dear Board Member, I a~ the owner of the home located at 2275 N. Swinton, Delray Beach. This is one of the older homes in Delray, on 2~ acres, known as the pruyser Estate.This property adjoins the land at 2200-~300 Seacrest Blvd. in Delray Beach. That prooertv was zoned Neighborhood Commercial with a setback of 10 feet on our line. Several years nyo they changed it to 40 feet from our adjoining boundary. W~ understand that a Red Lion Food store is proposed for the site with a setback of 10 feet from our line. We are interested in bringing high end townhouses onto this site through re-zoning. ~e feel that the neighbor- hood has begun a decline to the south and west of our property because of existing commercial properties on the N.E. 2nd Ave. area. We feel that you should fight blight with more upgraded housing rather than overweigh- ing the community with more commercial development. At the very least we would want the proposed food store to have a 40 foot setback to the west with dense landscap- ~ng (large trees) and a roof line that is attractive I. E. pitched shingle roof etc. adjacent to our property. Although this project is small in nature we would hope that we would be given the kind of nrotection thClt WClS offered to Shady Woods. Most sincerely yours, '" (,-!' ^ I ~&. ~t(,4!.I:;" ,fJI,(,(. z..., ~ .. ~<~~/ ,~ ~EtCm:aWIEID) ,- ", " i;~O . PLAN,\jING & ZONING ". . - . .. , -, )/ . . .. ORDINANCE NO. 1-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CI';I!Y OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, '~,ZONING REGULATIONS", ARTICLE 4.3, "DISTRICT REGUl;tATIONS, GENERAL PROVISIONS", SECTION 4.3.4, "BASE ,DISTRICT DEVELOPMENT STANDARDS", SUBSECTION i4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", OF THE L~ DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINA)fCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY D~REASING THE REAR YARD SETBACK IN THE NEIGHBORHOOD COMMERCIAL 10 ! ZONE FROM 40 FEET TO FEET; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUS}~~ ; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS; Section 1. That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base District Development Standards", s'Ubsection 4.3.4(K), "Development Standards Matrix", of the Land Dev~lopment Regulations for the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: SETBACKS REAR ( ft. ) Neighborhood Commercial NC 48 10 Section 2. 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 deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other tha~ the part declared to be invalid. Section 3./ That all ordinances or parts of ordinances which are in conflict her9With are hereby repealed. i Section /'4. That this ordinance shall become effective ten (10) days after ~ts passage on second and final reading. PASSE)) AND ADOPTED in regular session on second and final reading on thi% the day of , 19 . - MAYOR ATTEST: I i Ci ty ClerJk / First Reading Second Reading . I , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERj?V1 SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ORDINANCE NO. 3-91 DATE: January 22, 1991 This is a second reading of an Ordinance amending the Land Development Regulations to increase the maximum allowable floor area for a single tenant or a single use from 20,000 square feet to 60,000 square feet within the Planned Commercial Small Scale (PC-S) Zone District. This Ordinance came about as result of a private request regarding the Delray Town Center project. While the PC-S Zoning District was created to prevent an adverse impact on adjacent residential development, in the case of the Town Center project, the Shadywoods development is buffered from the shopping activity by a lake, a privacy wall, and extensive landscape treatment. Additionally, the increase to 60,000 will still prevent the "super stores", ie. , Wal-Mart, Costco, Home Depot, etc. from locating on this site. Private agreements have been reached between the shopping center and Shadywoods Development, and thus Shadywoods has agreed to not oppose the Code change. The Planning and Zoning Board at their December 17th meeting recommended approval. Recommend approval of Ordinance No. 3-91. ,,,0 ~~ I -------- .-_, ".-.. -." - ._--." .. ---.-.-----.'---- --" --- ..~--"---_..._..,-- -._---- - --,---"- ~._--- - -'-'- ORDINANCE NO. 3-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, " ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION 4.4.12 (H)( 1), "SPECIAL REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY INCREASING THE :.!A.:.::::-';;': .;I.:L..O\'i.:u3LE r:'C"JR AREA FOR A SINGLE TENANT OR A SINGLE uSE FROM 20,000 SQ. FT. TO 60 , 000 SQ. FT. WITHIN THE PLANNED COMMERCIAL SMALL SCALE (PC-S) ZONE DISTRICT; PROVIDING A SAVING CLAUSE i PROVIDING A REPEALER CLAUSE i PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.12, "Planned Commercial (PC) District", subsection 4.4 .12(H) (1), "Special Regulations", of the Land Development Regulations for the City of Delray Beach, Florida, be, and the same is hereby amended to be read as follows: (H) Special Regulations: (1) Where it is appropriate to limit the type, character, or intensity of use within a PC development, this may be accomplished by affixing the added designation of "s" (Small Scale) to the PC designation (i.e. PC-S). In such designated development, the maximum floor area which can be allocated to a single tenant or specific use, singularly or in the aggregate, shall not exceed 29,999 60,000 square feet. (e.g. although retail sales may exceed 29,999 60,000 sq. ft., the retail sale of home furnishings shall not exceed 29,999 60,000 sq. ft.). Section 2. 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 deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 19___ MAYOR ATTEST: City Clerk First Reading Second Reading . , . ~~ !\(Ilql pH 6f1 d;Pl!CJ / ~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ta;/! SUBJECT: AGENDA ITEM * ,~C - MEETING OF JANUARY 8, 1991 ORDINANCE NO. 3-91 DATE: January 4, 1991 This is first reading of an Ordinance amending Chapter 4, "Zoning Regulations" , of the Land Development Regulations of the Code of Ordinances by increasing the maximum allowable floor area for a single tenant or a single use from 20,000 sq. ft. to 60,000 sq. ft within the Planned Commercial Small Scale (PC-S) Zoning District. If passed, Public Hearing will be held on January 29, 1991. This is a privately initiated amendment which will directly affect the leasing out of Delray Town Center, Phase II (Linton and Military Trail). The Planning and Zoning Board recommends approval of the request based upon testimony from Shadywood s . The testimony provided support based upon private agreements which have been separately entered into. Recommend approval of Ordinance No. 3-91 on first reading. ." . '. . . il Ii ORDINANCE NO. J-91 II AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 11 DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING I REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", 11 SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT" , SUBSECTION 4.4.12(H)(1), "SPECIAL REGULATIONS" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ii ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY :1 INCREASING THE :.!A:'::::~:: .~L~(n';ADLE F:'C-.)R AREA FOR A 'I SINGLE TENANT OR A SINGLE :JSE FROM 20,000 SQ. FT. TO I, II 60,000 SQ. FT. WITHIN THE PLANNED COMMERCIAL SMALL SCALE (PC-S) ZONE DISTRICT; PROVIDING A SAVING II CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN !I EFFECTIVE DATE. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COMMISSION OF THE II CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, I: "Base zoning District", Section 4.4.12, "Planned COlmlercial (PC) II District", subsection 4.4.12(H)(1), "Special Regulations", of the Land q Development Regulations for the City of Delray Beach, Florida, be, and 'I 'I the same is hereby amended to be read as follows: " " Ii (H) Special Regulations: I " I! ( 1) Where it is appropriate to limit the type, I' character, or intensity of use within a PC development, this may be II Ii accomplished by affixing the added designation of "5" (Small Scale) Ii to the PC designation (i.e. PC-S). In such designated development, I the maximum floor area which can be allocated to a single tenant or II specific use, Singularly or in the aggregate, shall not exceed II e9,999 60,000 square feet. (e.g. although retail sales may exceed e9,999 60,000 sq. ft. , the retail sale of home furnishings shall I, not exceed e9,999 60,000 sq. ft.). il !I Section 2. That should any section or provision of this i ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 19_. MAYOR ATTEST: City Clerk First Reading Second Reading iI' . . C I T Y ,C 0 M MIS S ION DOC U MEN TAT ION TO: GJON MACGREGOR-HARTY, CITY CLERK FROM: DAVI~ JV~~~CTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 8, 1991 FIRST READING OF AN ORDINANCE ( S) MODIFYING THE TEXT OF THE LOCAL LAND DEVELOPMENT REGULATIONS (LDRS) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of Ordinances which Amend portions of the Land Development Regulations. This is the first of two general Amendments which the Commission will be reviewing in January. This one addresses three private requests and a substantive staff initiated request. The second amendment is more general in nature and involves many sections of the LDRs. Due to the specific nature of these items, the City Attorney has deemed it appropriate that separate enacting Ordinances be processed. BACKGROUND &: PLANNING AND ZONIRG BOARD CONSIDERATIONS: These proposed Amendments affect the following: 1- A change in the rear yard setback in the NC Zone District from forty feet (40') to ten feet (10'). * A private request which will directly affect development formally known as the Shoppes of Seacrest (22nd Street @ Seacrest) . The Board recommended approval of the request with notice that while ten feet may become the minimum by Code, that an additional setback may be required pursuant to the Site Plan Review process. 2. A change in the maximum floor area allowed for a single use under the PC-S designation from 20,000 sq. ft. to 60,000 sq. ft. . . City Commission Documentation First Reading Of An Ordinance(s) Modifying the Text Of The Local Land Development Regulations (LDRS) Page 2 * A private request which will directly affect the leasing out of Delray Town Center, Phase II (Linton and Military Trail). The Board recommended approval based upon testimony from Shadywoods. The testimony provided support based upon private agreements which have been separately entered into. 3. A change in the allowable Conditional Uses in the MIC Zone District through the addition of eight (8) uses. * This change resulted from a private request which affects property owned by Ray Ellison which is located on the west side of Congress, just south of GELCO. The Board recommended approval and noted that by expanding the range of uses, activity can occur which will result in the overall upgrading of the Congress corridor. 4. Addition of items which the Chief Building Official can approve without first being reviewed by the Site Plan Review and Appearance Board. * Section 2.4.5(I)(I)(b) identifies items which the Chief Building Official may approve without Board revie~ -- That current list is being expanded by the addition of some eighteen (18) specific items. The Planning and Zoning Board and the Site Plan Review and Appearance Board both recommended approval. However, each Board did express caution in the execution of this authority by the Chief Building Official. Attached is Documentation, as presented to the Planning and Zoning Board, regarding each of the above items. RECOMMEMDED ACTION: By motion, approval of each of the proposed Ordinances based upon the findings and recommendations of the Planning and Zoning Board. Attachment: * P&Z Staff Report' Documentation of December 17th, partial. DJK/leh DJK/#74/CCLDR.TXT " , . PROPOSED AJIEIIDMEJITS TO THE LARD DEVELOPMElft' REGULATIORS (LDRS) TO BE CONSIDERED BY THE PLANNING AND ZONING BOARD ON DECEMBER 17, 1990, FOR REVIEW AND RECOMMENDATIONS TO THE CITY COMMISSION. FIRST DRAFT OF DECEMBER 9, 1990 SUBJECT TO REVISIONS PRIOR TO THE BOARD MEETING PRIVATE REQUESTS FOR TEXT CHAHGES 1- To change the rear yard setback in the Me Zone District from forty feet (40') to ten feet (10'). Request is by the owner of property at Seacrest and 22nd. The pre-LDR zoning was LC which had a setback of ten feet (10'). A previously approved site plan (now expired) observed a ten foot setback. The NC Zone District is the only nonresidential zone district which has a rear yard setback of greater than ten feet other than RO which has a twenty-five foot requirement. Medium and Low Density Multi-Family Housing Districts have rear yard setback requirements of twenty-five feet. Please refer to the Develo~nt Standards Matrix (pages 4.3.43 , 44 of the LDRS) for a listing of rear yard setback requirements. There is opposition from neighboring property owners. See attached request letter. Director's Position: Favorable consideration should be given based upon the rear yard setback requirements for other zone districts and based upon the existence of "Special District Boundary Treatment requirements" - LOR Section 4.6.4 (page 4.6.3). 2. Tc>"~;~ ~H-abl. floor. ar.. for . ainllle tenant o~"<.~."',",, ", ~ to,~ within the Pl__.'". r . ,. _', >aaa . .-". -I) erne . r ct. Section 4.4.12(B)fl)-,8IMtCial Regulatiorill PC District, Page 4.4.34. This request is made by the owner of the only property which is zoned PC-S, Delray Town Center Phase II. See the attached letter. Evidently, the leadership of Shadywoods is amicable to this request. Director's Position: Provided that an endorsement is made by Shadywoods, this request should be accommodated. At a later date, following amendment to the future land use map, this special regulation should then be deleted and the zoning on the property chang~d to PC. - 1 - . ~ . November 21, 1990 CITY OF DELRAY BEACH 100 N.W. 1st Avenue Delray Beach, FL 33444 ATTN: MR. DAVID J. KOVACS, PLANNING DIRECTOR RE : REQUEST FOR AMENDMENT '1'0 CITY ZONING CODE '1'0 CHANGE MAXIMUM INDIVIDUAL TENANT SPACE FROM 20,000 SQUARE FEET '1'0 60,000 SQUARE FEET Dear David: Please accept this letter as a formal request flJr the City to - initiate an amendment to the Zoning Code, to change the maximum allowable individual tenant space size in the PC-S Zoning District from 20,000 square feet to 60,000 square feet. This change will effect only the eastern half of the Delray Town Center project, since we believe that this property is the only parcel in the City Zoned PC-So As we have discussed in the past, the 20,000 square feet maximum for tenant space now in the code is not appropriate to accommodate the feasible development of a retail center. Local tenants generally utilize between 8,000 square feet and 10,000 square feet, and anchor spaces need between 30,000 square feet and 65,000 square feet. Very few potential users would occupy a space between 10,000 square feet and 30,000 square feet. As you are also aware, it is essential for a shopping center to have solid anchor tenants to be successful. It is generally desirable to have two or more anchors, depending on the size of the center. It is understood that the reason the square footage maximum was placed in the PC-S district was to prevent an adverse impact potential on adjacent residential development. In the case of the - Delray Town Center project, however, the shopping center activi~y is buffered from the Shadywoods development by a significant lake area, a privacy wall, and an extensive landscape program. These features assure a much better buffering program than could ever be accomplished by square footage limitations. In addition, placing a 60,000 square foot tenant space limitation in the code will prevent the possibility of locating one of the new generation of "Super Stores" on the site, which generally occupy over 100,000 square feet of space for a single user. Therefore, major stores such as Wal-Mart, Costco, Home Depot and Builders Square could not be accommodated on this site. Tf-' - , ;-. UrMn UrtIM PlMnIng . ..- "'~' ~ - -.. .., 15128.13 t: " :,;' "-;.. '~S~ DHlgn ~ Archltec:tu,. Studfo Gf8pNc Deelgn ;<~:.;1 . ....... ':.~~.~~;';': i 2000 Palm BeACn Lakes Boulevard ., ........$1 i\lj'w 27 SuIte 600 The Concourse ;;)0 West Palm Beacn FlOrIda ~09-6582 407 689 0066 PLAf\I~"~ I,' &. -... Stuart. FL 4C 7 283 0022 ~ ';I';'-J . L.u:'-l:r~G !'IJeNocr~ ge3c~ CA "";J2':9f: " L . , , November 21, 1990 Page Two We have met with representatives of the Shadywoods Homeowners Association concerning the requested modification to the Zoning Code. The conclusion of our discussions is the Association has agreed to not object to the Code change. We are not proposing to change the building footprint. However, we have agreed to further enhance the landscaping along the east side of the lake, and to relocate loading spaces presently approved along the east side of the building to the north side of the building. We would appreciate your placing this matter on the agenda for public hearings by the Planning Commission and City Council at your earliest convenience. Thank you in advance for your assistance on this matter. Very truly yours, ~.D~S~~ STor~ ~~~+ L .~~r,~.... .' Robert E. Basehart Principal REB/pl cc: Dan Miteff, The Pugliese Co. J.P. Martel, Shadywoods 15128.13 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERz;Jv1 SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ORDINANCE NO. 4-91 DATE: January 22, 1991 This is a second reading of an Ordinance amending the Land Development Regulations by enacting a new subsection "Conditional Uses and Structures Allowed" to provide for conditional uses and structures allowed in a Mixed Industrial and Commercial (MIC) Zone District. This Ordinance provides for the following conditional uses and structures in the MIC Zone District: - Garages and lots for parking and storage of vechiles, including storage of light trucks up to and including two tons -kennels -lumberyards -monument and ornamental stone cutting -rental and sales of modular buildings -resource recovery facilities -storage and rental of certain light construction equipment -towing services and attendant storage The impetus for this Ordinance was the adoption of the LDRs which created a non-conforming use on Congress Avenue (GELCO) . Subsequently, GELCO had made plans to expand its storage area which further conflicted with the LDRs. While the MIC zoning was imposed upon this area to reduce the amount of industrial activity along this vital corridor, it is anticipated that approval of the range of uses will result in the overall upgrading of the area. The Planning and Zoning Board at their December 17th meeting recommended approval. Recommend approval of Ordinance No. 4-91. p~ on 3-~ ~ (~~~ ~) . . _..... ~~. -- -~ -- -- -- --_._-~ -" .. . --.- ORDINANCE NO. 4-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BE:;;:::;:, :-:'~rtlD;; BY ?:C:?3ALING SECTION 4.4.19(D) AND ENACTING A ~:E\~ ::ECTION 4.4.19(D), "CONDITIONAL USES AND STRuCTURES ALLOWED", TO PROVIDE PROVISIONS FOR CONDITIONAL USES AND STRUCTURES ALLOWED IN A MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning Districts" , Section 4.4.19, "Mixed Industrial and Commercial (MIC) District, subsection 4.4.19(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations for the City of Delray Beach, Florida, be, and the same is hereby repealed and a new Section 4.4.19(D), "Conditional Uses and Structures Allowed" is hereby enacted to be read as follows: (D) Conditional Uses and Structures Allowed. The following uses are allowed as conditional uses within the MIC Zone District: (1) Garages and lots for the parking and storage of vehicles, including the storage of light trucks, up to, and including, two-ton trucks, (2) kennels, no on-site disposal of carcasses, (3) lumberyards, (4) monument and ornamental stone cutting, (5) rental and sales of modular buildings, (6) resource recovery facilities, pursuant to provisions of Section 4.3.3(F), (7) Storage and rental of light construction equipment not over twenty-four feet (24') long, eight feet (8') wide, and ten feet (10') high, and (8) towing services and attendant storage. Section 2. 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 deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. 'J ii Section 3. That all ordinances or parts of ordinances which !! are in conflict herewith are hereby repealed. " i' Section 4. That this ordinance shall become effective ten II (10) days after its passage on second and final reading. II Ii II I, IiI II ---. -_. - -_.._.....~._~--._.. - --...--...- _._..__n n_ _.. --- _.~ -~-~_.--._. "---.-.. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 19 - MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 4-91 '" . -. \q \ \(l ~~~ \ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ?1 SUBJECT: AGENDA ITEM # l;uD - MEETING OF JANUARY 8, 1991 ORDINANCE NO. 4-91 DATE: January 4, 1991 "- This is first reading of an Ordinance amending Chapter 4, "Zoning Regulations", of the Land Development Regulations of the Code of Ordinances by repealing Section 4.4.19 (D) and enacting a new Section 4.4.19(D), "Conditional Uses and Structures Allowed", to provide provisions for conditional uses and structures allowed in the Mixed Industrial and Commercial (MIC) Zoning District. Basically, this change will modify the allowable conditional uses in the MIC District through the addition of eight (8) uses. If passed, Public Hearing will be held January 29, 1991. This is a privately initiated request which affects property located on the west side of Congress Avenue, just south of GELCO. The Planning and Zoning Board recommends approval and notes that by expanding the range of uses, acti vi ty can occur which will result in the overall upgrading of the Congress Avenue corridor. '" . ,-- . . ----- -. --- _._..__._----~_._._.- - .. -- --. _.-- -. -- -- _---.:_-_._-~_.~- --~~-- - --.------------- ---. ------------ ORDINANCE NO. 4-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DI3TRICT", SUBSECTION 4.4.l9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOP- MENT REGULATIONS OF THE e,::'IJE OF ORDINANCES OF THE CITY OF DELRA"l :JE::"::-:, -- --.-........ -'''~ ?r.:-::';":'ING SECTION _ .-1""'1'\...1..:...11'\ ~J. 4.4.l9(Dl AND ENACTING A "......,., : E:':'::: ON 4.4.19(Dl, ...::...., "CONDITIONAL USES AND STRilCTtTRES ALLOWED" , TO PROVIDE PROVISIONS FOR CONDITIONAL USES AND STRUCTURES ALLOWED IN A MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning Districts", Section 4.4.19, "Mixed Industrial and Commercial (MIC) District, subsection 4.4.l9(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations for the City of Delray Beach, Florida, be, and the same is hereby repealed and a new Section 4.4.l9(D), "Conditional Uses and Structures Allowed" is hereby enacted to be read as follows: (D) Conditional Uses and Structures Allowed. The following uses are allowed as conditional uses within the MIC Zone District: ( 1) Garages and lots for the parking and storage of vehicles, including the storage of light trucks, up to, and including, two-ton trucks, ( 2) kennels, no on-site disposal of carcasses, (3) lumberyards, ( 4) monument and ornamental stone cutting, ( 5) rental and sales of modular buildings, ( 6) resource recovery facilities, pursuant to provisions of Section 4.3.3(F), (7) Storage and rental of light construction equipment not over twenty-four feet (24' ) long, eight feet (8' ) wide, and ten feet (10') high, and ( 8) towing services and attendant storage. Section 2. That should any section or prov~s~on of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. jl ,. . ~ - ---- ----- ~ _._--~- ----- PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 19 --- MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 4-91 . C I T Y ,C 0 M MIS S ION DOC U MEN TAT ION TO: GJ::T;::Y' CITY CLERK FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 8, 1991 FIRST READING OF AN ORDINANCE ( S) MODIFYING THE TEXT OF THE LOCAL LAND DEVELOPMENT REGULATIONS ( LDRS) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of Ordinances which Amend portions of the Land Development Regulations. This is the first of two general Amendments which the Commission will be reviewing in January. This one addresses three private requests and a substantive staff initiated request. The second amendment is more general in nature and involves many sections of the LDRs. Due to the specific nature of these items, the City Attorney has deemed it appropriate that separate enacting Ordinances be processed. BACKGROUND &: PLANHIHG AND ZONllfG BOARD CONSIDERATIONS: These proposed Amendments affect the following: 1. A change in the rear yard setback in the NC Zone District from forty feet (40') to ten feet (10'). * A private request which will directly affect development formally known as the Shoppes of Seacrest (22nd Street @ Seacrest) . The Board recommended approval of the request with notice that while ten feet may become the minimum by Code, that an additional setback may be required pursuant to the Site Plan Review process. 2. A change in the maximum floor area allowed for a single use under the PC-S designation from 20,000 sq. ft. to 60,000 sq. ft. ,. ~ City Commission Documentation First Reading Of An Ordinance(s) Modifying the Text Of The Local - Land Development Regulations (LDRS) Page 2 * A private request which will directly affect the leasing out of Delray Town Center, Phase II (Linton and Military Trail). The Board recommended approval based upon testimony from Shadywoods. The testimony provided support based upon private agreements which have been separately entered into. 3. A change in the allowable Conditional Uses in the MIC Zone District through the addition of eight (8) uses. * This change resulted from a private request which affects property owned by Ray Ellison which is located on the west side of Congress, just south of GELCO. The Board recommended approval and noted that by expanding the range of uses, activity can occur which will result in the overall upgrading of the Congress corridor. 4. Addition of items which the Chief Building Official can approve without first being reviewed by the Site Plan Review and Appearance Board. * Section 2.4.5(I)(1)(b) identifies items which the Chief Building Official may approve without Board revie~ .- That current list is being expanded by the addition of some eighteen (18) specific items. The Planning and Zoning Board and the Site Plan Review and Appearance Board both recommended approval. However, each Board did express caution in the execution of this authority by the Chief Building Official. Attached is Documentation, as presented to the Planning and Zoning Board, regarding each of the above items. RECOMMENDED ACTION: By motion, approval of each of the proposed Ordinances based upon the findings and recommendations of the Planning and Zoning Board. Attachment: P'Z Staff Report' Documentation of December 17th, partial. - * DJK/leh DJK/t74/CCLDR.TXT - 3. To add uses to the MIC Zone District as conditional uses. Section 4.4.19(D), Page 4.4.61. This subject was discussed by the Board in a work session when it was realized that GELCO had become a nonconforming use upon adoption of the LDRS. There was a consensus of the Board to consider some uses in the MIC zone district which would involve some measure of outside activity. The following represents the proposed changes and additions. DELETE the existing text in Section 4.4.19(0) and REPLACE with the following: ( D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the MIC Zone District. ( 1 ) Garages and lots for the parking and storage of vehicles including ,the storage of light trucks, up to, and including two-ton trucks (2 ) Kennels, no on-site disposal of carcasses (3 ) Lumberyards (4) Monument and ornamental stone cutting (5) Rental and sales of modular buildings (6 ) Resource recovery facilities,pursuant to provisions of Section 4.3.3(Z) (7 ) Storage and Rental of light construction equipment not over twenty-four feet (24') long, eight feet (8') wide, and ten feet (10') high (8) Towing services and attendant storage Director-s Position: The above list was extracted from conditional uses allowed in the Industrial District (pages 4.4.65 &: 66) . Based upon Board direction, the above list - with or without modification - should be included in this amendment. '. - 2 - . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETI NG OF: NOVEMBER 19, 1990 Ii-.. \)/ AGENDA ITEM:. V.C. OUtside Uses in the HIC District~ ITEM BEFORE THE BOARD: The item before the Board is that of policy direction with respect to future land use in the Congress Avenue corridor. The item exists because of an inquiry as to the ability to expand and exiting use (GELCO) onto vacant, adjacent property immediately to its south. Please see the letter from Frank Kreidler (copy attached). Prior to the Special Advisory Board making a formal determination regarding Mr. Kreidler's letter, the subject is placed before the Board for discussion of the policies and directions which are involved. BACKGROUND: When the Comprehensive Plan's Future Land Use Map was created, much of the land which was theretofore shown as Industrial was changed to Commerce. The Conunerce designation is for "property which is developed, or is to be developed, in such a manner as to accommodate a mix of industrial, service, and commercial uses. This may be done either through development of existing parcels or through a planned concept". The zoning districts which are deemed consistent with the Commerce designation are: * Mixed Commercial and Industrial (MIC); and, * Planned Conunerce Center (PCC). (See pages III-G-43 and 44 of the Land Use Element regarding description of the Commerce and Industrial designations.) Also, Policy A-l.4 of the Land Use Element states: '" Commerce' Land Use which involves a mix of light industrial, commercial uses, and research and development are the most needed land uses during the City's final stage of build-out. Thus, changes to the Land Use Map which diminish this land use are discouraged". When the Land Development Regulations which were to fully implement the Plan, were developed, the MIC Zone District- accommodated only those industrial uses which are allowed as principal uses in the Industrial Zone District. It does not include conditional uses from that district. Also, at present, there are no conditional uses accommodated in the MIC District. The industrial operations which are allowed as principal uses within the Industrial District are, pursuant to 4.4.20(G), to be . r . P&Z Staff Report Outside Uses in the MIC District Page 2 "conducted wholly within an enclosed building except for unloading and loading of materials and outside storage, including storage of automobiles, pursuant to (G)(l), above". Upon adoption of the LDRs, the zoning for the area in q\.testion was changed from LI to MIC and the GEL CO operation became nonconforming. Thus, it appears there was an intent to change the future land use and development pattern for the Congress corridor with respect to industrial types of land use. If this is the situation, then in order for GELCO to expand it would be necessary to first considered a formal Amendment to the Comprehensive Plan. However, if the Board feels there was not such an intent, then we may consider amendments to the LDRs. Such amendments could include: l. That all Industrial land uses be allowed in the MIC Zone District in the same manner that they are accommodated in the I District Le. as principal and conditional uses. 2. That some of the uses which are allowed as conditional uses in the I District be allowed as conditional uses in the MIC District. If this course is taken, the Board should identify the uses which are appropriate to be so considered. There needs to be a rationale basis for differentiating between those that are allowed and those which remain prohibited. RECOMMENDED ACTIONS: Because this item is one of review and interpretation of the policy implications of the Comprehensive Plan, there is not a staff recommendation. However, the appropriate way to consider the item is to: First, determine whether or not the LDRs properly implement the intent of the Comprehensive Plan. If so, no further action is appropriate. If not, then provide direction (from above) as to how the intent is to be accommodated. Attachments: * Kreidler letter of October 9, 1990 * Copy of portion of zoning map shOWing MIC zoning along Congress between Atlantic and Lake Ida Road * LDR Pages 4.4.65 and 4.4.66 (Industrial Zone - List of Conditional Uses '. . . . FRANK A. KREIDLER ATTORNEY AT LAW 12 SOUTH DIXIE HWYo. SUITE 204 LAKE WORTH. FLORIDA 33460-3737 . TEL: 407-586.6226 FAX: 407-588-1227 October 9, 1990 Mr. David Kovacs, Planning Director City of Delray Beach 100 N. W. First Avenue Delray Beach, Fl. 33444 Rea Property Owned by Ray Ellison City of Delray Beach Dear Mr. Kovacs: Mr. Ellison's architect was recently preparing the site plan ,- to allow GELCO to lease the northern most ninety feet of Mr. Ellison's property on the west side of Congress Avenue, so GELCO could expand the storage of its temporary units. Mr. Bolling, the architect was told that the new land use regulations, and specifically the HIC zone, would not allow the expansion of a conditional use such as GELCO's. I also understand that the city is planning amendments to the land use regulations as they become aware of problems in the initial enactment. I suggest an amendment to the HIC classification allowing GELCO's expansion would be a reasonable and appropriate amendment. I would ask you to include this change in the first available amendment to the regulations. Thank you very much for your cooperation in this matter. ., ~~\ ~ )a.\u ~~ll\a ~ ~ ) ~ery ;ruly~our~/ -:0 /' ,1 ,~ 'L e.~,,~~ '" ~~ 0 .. . -. . . , o' - ~ . -- ..' ""'- O~ s\n..,. ~ ~ ",.,...u.wu4. ; " . --FWD: A. KREIDLER ~,\'-- So~~ <:Ow. 0\,. uu. .. '- ~........... .. 1'1~ FAK/tp <l) ~ ~).... ~~ ~, ~ "jN... ~ cc: Mr. Ray Ellison 'o~.::"; ..', ' --':-. f\ Mr. Roger Bolling '. 0..... ' 1 I~~ ~i '... - ... .-'. Mr. Whi tney Hopper '-, ~,..." \,-';'- Mr. TerR Arline, Esq. ~ f 0' 10 B90 O:\f\ci_a\ell director.pla "'~ 0 -,. N Il"tU _....."I\""~!t!.....; I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tf?J1 SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ORDINANCE NO. 2-91 DATE: January 22, 1991 This is a second reading of an Ordinance amending the Land Development Regulations by including items which the Chief Building Official has authority to approve, approve subject to conditions, or to deny a building permit for the erection of those items. As proposed, the Chief Building Official will have the authority to approve, approve subject to conditions, or deny a building permit for fences, walls, sheds, gazebos, flagpoles, screen enclosures, change of roof material or color, public enclosures, site lighting, awnings, canopies, construction trailers, decks, handrails (balcony railings), permanent hurricane shutters, change in exterior wall openings to accommodate or alter overhead garage doors, doors, windows, duplex dwellings, dumpster enclosures and attendant lot landscaping, providing that these items are not associated with initial approval of a development proposal subject to site and development plan action. This Ordinance is administrative in nature. By expanding the authority of the Chief Building Official, there will be a reduction of items going to the Site Plan Review and Appearance Board, thus accelerating the processing time on all permit applications. The Site Plan Review and Appearance Board at their December 19th meeting recommended approval of the expanded list. Recommend approval of Ordinance No. 2-91. ~ W/~ D(y~ ~ Lf-ln I LRA'ndo/ph ~) " -. - ..' ,',.. . '. --. --, ------- ,.-.-..----- --, ..-,.-. _. -.----,-' ------. _._-------~ ---~_.~--~--- -~_.-- -- ----~-----_..__.- _..~-----------_.~ .._-~._-_._---------~-~---- ORDINANCE NO. ?-31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINI- sTRATIvE PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES" , SECTION 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS", SUBSECTION 2 . 4 . 5 ( I ), "ARCHITECTURAL ( APPEARANCE) ELEVATIONS", SUB-SUBSECTION (1), "RULES", PARAGRAPH (b), OF THE LAND DEVELOPMENT REGULATIONS DF THE CITY OF DELRAY BEACH, FLORIDA, BY INCLUDING ITEMS WHICH THE CHIEF BUILDING OFFICIAL HAS AUTHORITY TO APPROVE, APPROVE SUBJECT TO CONDITIONS, OR TO DENY A BUILDING PERMIT FOR THE ERECTION OF THOSE ITEMS LISTED; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 2, "Administrative Provisions", Article 2.4, "General Procedures", Section 2.4.5, "Procedures for Obtaining Development Approvals", Subsection 2.4.5 (I), "Architectural (Appearance) Elevations", sub-subsection (1), "Rules", paragraph (b) of the Land Development Regulations for the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (b) The Chief Building Official, or his designee, is hereby delegated the authority to approve, approve subject to conditions, or deny any building permit for the following items which would otherwise be subject to (l)(a), above, other than when such items are associated with initial approval of a development proposal subject to site and development plan action: *----Fefte~ft~-are~ftd-sw~Mm~ft~-~eeis *----Fea~~res -wn~en -are -!'l.e~ -S~~ft~~~eal'\H:y -...~sH~ie -~rell'l -~ne ~~~i~e-s~ree~-sys~ell'lr *----Faeade-ena!'l.~es-wn~en-de-fte~-s~~!'l.~r~eaft~iy-ai~er-~ne-s~yie er-~lI'Ia~e-er-a-s~r~e~~rer *----~~s~er-e!'l.eies~res Features which are not siqnificantly visible from the public street system, facade changes which do not signifi- cantly alter the style or imaqe of a structure, fences, walls, sheds, gazebos, flagpoles, screen enclosures, changes of roof material, changes of roof color, public enclosures, site lighting, awnings, canopies, construction trailers, decks, handrails ( balcony railings), permanent hurricane shutters, changes in exterior wall openings to accommodate or alter overhead garage doors, doors, windows, Quplex ek:ellil.~B, dumpster enclosures, and attendant lot landscaping. Section 2. 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 deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. - - ________~._._ __. _______.___________u__.. ._. ~r____'_ .--..--.-- -'--- - ,-- ._----_._.-_._----_._--~ -_.- . -.---.--- --------- PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 19 - MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 2-91 ,. . , , . I ct J l!9-Cf 060 pr\ (71'1 dl11ct I \f' JJ' .. fLJ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER (W SUBJECT: AGENDA ITEM # ,2.:&- MEETING OF JANUARY 8, 1991 ORDINANCE NO. 2-91 DATE: January 4, 1991 This is first reading of an Ordinance amending Chapter 2, "Administrative Provisions", of the Land Development Regulations of the Code of Ordinances by including additional items for which the Chief Building Official has authority to approve, approve subject to conditions, or to deny a building permit. If passed, Public Hearing will be held on January 29, 1991. Recommend approval of Ordinance No. 2-91 on first reading, in accordance withe the recommend'ation of the Planning and Zoning Board and the Site Plan Review and Appearance Board. '" . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ORDINANCE NO. 5-91 DATE: January 22, 1991 This is a second reading of an Ordinance amending the Code of Ordinances by enacting a new subsection to provide for the imposition of a fee to cover advertising and administrative costs associated with processing the waiver application. The fee would be imposed on those items which require waiver of City Ordinances and thus require advertisement for public hearing. The proposed $100 fee would cover all publication and processing costs associated with waiver requests. This fee would be payable at the same time that the waiver request is made. Recommend approval of Ordinance 5-91. p~ 5-0 . - -- .----------.-..-----------..--------------.--.. -.----- . -- .-,..---..."-'-'" .-- .- _. -- - ..----~----- -------,---.- ..----. -, . .- ---.. -- .--------- ~P._,---_._- -_.~_._-_..---- -- _._---.-._._---~-_._- --~-_..- --"--"-- - .._-----~~. ---~------- ORDINANCE NO. 5-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINI- STRATION", CHAPTER 30, "CITY COMMISSION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 30.15, "WAIVERS OF CITY ORDINANCES", BY ADDING A NEW SUBSECTION 30.15{C) TO PROVIDE FOR THE IMPOSITION OF A FEE TO COVER ADVERTISING AND ADMINISTRATIVE COSTS ASSOCIATED WITH PROCESSING THE WAIVER APPLICATION; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission is aware of the number of waiver applications submitted for its consideration. WHEREAS, the City Commission recognizes that the number of waiver applications has resulted in an increase in the amount of time and money spent to process and advertise these applications. WHEREAS, the City Commission desires to impose a fee to cover the expenditures associated with the processing and advertising of waiver applications. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 3, "Administration", Chapter 30, "City Commission", Section 30.15, "Waivers of City Ordinances", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subsection (C) to read as follows: (C) The person making the waiver request shall submit a $100.00 processing fee for each waiver request. Section 2. 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 or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of , 19 - MAYOR ATTEST: City Clerk First Reading Second Reading ". . ~ 1!11!cr I , VwV \~ M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # I ~ t. - MEETING OF JANUARY 8, 1991 ORDINANCE NO. 5-91 DATE: January 4, 1991 This is first reading of an Ordinance amending Title 3, "Administration" , Chapter 30, "City Commission" of the Code of Ordinances by amending Section 30.15,"Waivers of City Ordinances", by adding a new subsection 30.l3(C) to provide for the imposition of a fee to cover advertising and administrative costs associated with proce~~ application. If passed, Public Hearing will be he d January 29, 991. '- ~- Recommend approvar-~ inance No. 5-91 on first reading. >0 . - , , -, - CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 04.91 11 : 46 P.02 - . :.' . .... ....;:.... ..... .' .,..,:\. tin' IF DELAA' IEAtl!.(-.', " " ..., ",r''l''''''~'''''''~~' .. .........A....":;'~~~~ l. .," CITY AnORNEY'S OFFICE 310 S.l!. ISI STRLl!T, StJITF. 4. DF,LRAY RF.ACH. FI.ORIDA 334R3 4071243-7090. TELECOPIER 407/2784755 MEMORANDUM Date: January 4, 1991 To: City commission From: David N. Tolces, Assistant C1ty Attorne~ Subject: Ordinance No. 5-91 In accordance with the City COItIDission's request, this ordinance has been drafted in order to assist the city in defraying the cost associated with waiver applications. Due to the nB. ture of the waiver procedure, the City has been paying all of the advertls1n9 costs associated with the notification requirements contained. in Title 3, section 30.15 of the cl ty Code of Ordinances. As a result of the numerous waiver requestlil that have been presented, the city has has been expending a considerable amount of funds to process and publish the not1ficat1on of the waiver request. In order to alleviate this financial burden, this ordinance provides for a $100 processing fee to cover all pUblication and proces81D9 costs assooiated with a waiver request. This fee will be sulxni.tted at the same time that the wavier requeat i. made. %>NT: sh Attaohment eCI David Harden, City Manager " CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 04.91 11:47 P.03 I' -. V .. J ~. "-'" ... ,. .. ORDINANCE NO. ~-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINI- STRATION" , CHJ>.PTBR 30, "CITY COMMISSION", OF THE CODE OF ORDINANCBS OF THE CITY OF DELRAY BEACH BY AMENDING SBC'1'ION 30.15, "WAIVERS OF CITY ORDINANCES", BY ADDING A NEW SUBSECTION 3 0 . 15 ( C) TO PROVIDE FOR THB IMPOSITION OF A FEE TO COVER ADVERTISING AND ADMINISTRATIVE COSTS ASSOCIATED WITH PROCESSING TIm WAIVER APPLICATION; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING AN EFFBCTIVB DATE. WHEREAS, the City Commission i8 aware of the number of waiver applications aUbmitted for its conaideratlon. WHEREAS, the City commission rec09n1zes that the number of waiver applications has reaulted in an lncrea8e in the amount of time and money spent to process and advertiae these applications. WHBREAS, the City commission deaires to impo8e a tee to cover the expendItures assooiated with the proce.sing and advertising of waiver applications. NOW, THEREFOU, BE 1'1' 01U:lAINBD BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 3, "A4m1niatration", Chapter 30, "Ch., conmisslonlt, Section 30.15, "Waivers of City Ordinance.", of the Code of ordinances of the City of Delray Beach, Plorida, be, and the Same ill hereby amended by enacting a new subsect10n (C) to read aa follows: (C) The personr-lIsIPCl..<<Ll.on 4If 1_..._1 aRtity making the waiver request shall sWxnit a $100.00 proces.ing fee for each waiver request. Section 2. That should any section or provision of this ordinance or any portion thereot, any paragraph, sentence, or word be declared by a court of competent juriadiction to be invalid, such decision shall not affect the validity or the remainder hereof as a whole or part thereof other than the part declared to be invalid. Seftion 3. That all ordinances or parta of ordinances which are in confl ct herewith are hereby repealed. Section .&. That thb ordinance shall become effective ten (10) daYB after its pa..age on second and final reading. PASSED AND ADOPTBD in regular aeaaion on second and final reading on this the _ day of , 19_. MAYOR AT'l'EST: City Clerk Fint Reading Seoond R..ding . [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 3] 0 S.L ] st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483 407/243-7090 . TFLECOPIER 407/2784755 MEMORANDUM Date: January 4, 1991 To: City Cormnission From: David N. Tolces, Assistant City Attorne~ Subject: Ordinance No. 5-91 In accordance with the City Cormnission's request, this ordinance has been drafted in order to assist the City in defraying the cost associated with waiver applications. Due to the nature of the waiver procedure, the City has been paying all of the advertising costs associated with the notification requirements contained in Title 5, Section 30.15 of the City Code of Ordinances. As a result of the numerous waiver requests that have been presented, the City has has been expending a considerable amount of funds to process and publish the notification of the waiver request. In order to alleviate thi.s financial burden, this ordinance provides for a $100 processing fee to cover all publication and processing costs associated with a waiver request. This fee will be submitted at the same time that the wavier request is made. DNT:sh Attachment cc: David Harden, City Manager '" - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERM ~ ' SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ORDINANCE NO. 6-91 DATE: January 22, 1991 This is a second reading of an Ordinance amending the Code of Ordinances by amending Section 36.02 "Acquisition of Personal Property, Supplies or Contractual Services" to provide for a more streamlined purchasing policy. provisions of this Ordinance are that purchases costing more than $100 but less than $1,000 may be awarded by the Purchasing Officer provided an attempt is made to obtain two ( 2 ) quotes, whenever practicalj B) purchases costing $1,000 or more but less than $6,000 may be awarded by the Purchasing Officer subject to City Manager approval and subject to certain criteria; and C) award of bid for purchases of more than $6,000 and less than $10,000 may be awarded by the Purchasing Officer to the low responsible bidder, subject to City Manager approval. Additionally, where the proposed award is not to the low bidder, the bids/quotes shall go to the City Commission for review and award. Awards will only be made after the Purchasing Officer has solicited competitive bids/quotes, in writing, from at least three different sources of supply, when available; or utilized a purchasing contract established by a local, state, or federal governmental agency or cooperative purchasing group. It is estimated that by revising the policy for purchases of $6,000 but less than $10,000 approximately $2,000 per year in advertising costs and one week per month of staff time would be saved. Recommend approval of Ordinance No. 6-91. p~ 5-0 ....-.. . - - ---. -. ~-- -_. -~- --- -~---- ----~.~...~--_._----~.._.- ._._-~ - ------ --- --.- -~---_._----~ .'--'--- ---~_._-~----~- -_._.~ -----._- ORDINANCE NO. 6-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS" , SUBHEADING "CITY PURCHAS ING" , OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 36.02, "ACQUISITION OF PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES" , SUBSECTION (A) TO PROVIDE THAT PURCHASES COSTING MORE THAN $100 BUT LESS THAN $1,000 MAY BE AWARDED BY THE PURCHASING OFFICER PROVIDED AN ATTEMPT IS MADE TO OBTAIN TWO ( 2) QUOTES WHENEVER PRACTICAL; BY AMENDING SECTION 36.02 (B) TO PROVIDE THAT PURCHASES COSTING $1,000 OR MORE BUT LESS THAN $6,000 MAY BE AWARDED BY THE PURCHASING OFFICER SUBJECT TO CITY MANAGER APPROVAL AND SUBJECT TO CERTAIN CRITERIA; BY AMENDING SECTION 36.02 (c) TO PROVIDE CRITERIA FOR AWARD OF BID FOR PURCHASES OF MORE THAN $6,000 AND LESS THAN $10,000; BY REPLACING THROUGHOUT SECTION 36.02 REFERENCE TO PURCHASING ADMINISTRATOR WITH PURCHASING OFFICER; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That Title III, "Administration'" Chapter 36, "Finance; City Property Transactions", Subheading "City Purchasing" , Section 36.02, "Acquisition of Personal Property, Supplies or Contractual Services", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Sec. 36.02 ACQUISITION OF PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES Whenever the City shall seek to acquire personal property, supplies, or contractual services, the following procedures shall be implemented by the Purchasing Admi~i~~ra~er Officer: (A) For acquisitions of personal property, supplies, or contractual services costing under $1,000, purchases may be made awarded by the Purchasing Mmi1'\i~~ra~er Of ficer to the best competent vendor without ehe ne<=e~s1:~Y e~ oEeJ!'l'!\a~ sea~ed <=em~e~ieive eiddi1'\~ ~roeedl1re~ C~ ty Manager or Commission review. However, the Purchas1ng Off1cer or De artrnent Head will, insofar as it is pract1cal, 0 ta1n two quotat10ns, e1t er ora or wr1tten, for purchases between $100 and $1,000. (B) For acquisitions ~rem costing $1,000 and or more but less than $6,000, purchases sha%% ee made may be awarded by the Purchasing Admini~eraeer Officer wi~hol1e eHy Ge!llHliflfl!:Ol't review el't%}" after the purchase has been approved by the City Manager or his designee and after the Purchasing Admin!:e~J!'a~or Officer or his designee has either: (1 ) Solicited competitive bids/quotes, verbally or in writing, a~ ehe Pl1rehaein~ Ad!'IIiniser!!1:er.&.s Q~ee)!'eeien7 from at least three different sources of supply, when available; or (2) Utilized a purchasing contract established by a local, state, or federal governmental agency or cooperative purchasing group. "" . - .-- - -..._--_.._._._,-~- ---- --- - --- ------.-'-.------ --.. ---- ---- - __.~_.__._____..___~_________.u_ ____ _...,___ -------- ---.--.-- ,--...------.-------.- -~----_._-_.~- -- .. -- -..-. - --- -.... ,. -.--- ,----.--,. _._-----_._------_.._...~-- - (C) For acquisitions o~ costing $6,000 afta or more but less than $10,000, purchases may be maae awarded by the Purchasing Aelm:i:ft:i:~eraeor Officer to the low responsible bidder, subject to l'r:i:or C1 ty Manager approval. Where the proposed awaraea e:i:e1e1er award is not to the low bidder, the bids/quotes shall go to the City Commission for review and award. Bj,a~f.,tloee~ ~Jola~~ ee ~eetlrea :i:ft eJole maftfter l're~er:i:eea :i:ft a:i:\f:i:~:i:oft -fEt of eJol:i:s seeb:oft':' Awards will be made only after the Purchasing Officer or his designee has either: (1) Solicited competitive bids/quotes, in writinq, from at least three d1fferent sources of supply, when available; or (2) Utilized a purchasing contract established by a local, state, or federal governmental agency or cooperat1ve purchasing group. (D) For acquisitions of $10,000 and up, purchases shall be made by the Purchasing Aemj,ftj,:!!Iera~or Officer after the Commission has reviewed and awarded the b1d7quote. Bids/quotes shall be secured in the manner prescribed in Division (E) of this section. (E) Conditions for securing formal bids/quotes. The purchasing Aam:i:ft:i:s~ra~or Officer shall either: (1) Solicit competitive bids/quotes in a formal written manner from at least three different sources of supply when available; or (2) Utilize a purchasing contract established by a local, state, or federal governmental agency or cooperative purchasing group. Section 2. That throughout Section 36.02, "Acquisition of Personal Property, Supplies or Contractual Services", reference to Purchasing Administrator shall be replaced with Purchasing Officer. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herew1th be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. M A Y 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 6-91 ". [ITY DF DElIAY BEA[H 100 NW 1,1 AVENUE Di:.LRAY BEACH, FLORIDA 33444 407/243,7000 MEMORANDUM TO: David T. Harden, city Manager FROM: ~obert A. Barcinski, Assistant City Manager Administrative Services SUBJECT: Agenda Item # 12 F - Meeting January 8, 1991 - - Purchasing Ordinance Revision - . DATE: December 26, 1990 ,- ACTION City Commission is requested to approve on first reading an ordinance revision to Section 36.02 "Acquisition of Personal Property, Supplie~ or Contractual Services." BACKGROUND Staff is proposing changes to the existing purchasing code. The intent of these changes is to try to assist in making the purchasing process more effective and efficient, and to streamline and simplify the process while maintaining adequate accountability and control. A summary of the changes is as follows: 1. Section 36.02(A) Requires that an attempt is made to obtain two ( 2 ) quotes for purchases more than $100 and less than $1,000. 2 . Section 36.02(c) Provides for an award of the bid for purchases of more than $6,000 and less than $10,000, after receipt of three ( 3) written quotes or the use of a .. cooperative purchasing . contract versus formal bid procedures. It is estimated that by revising the policy for purchases over $6,000 but less tha.n $10,000 approximately $2,000 per year in advertising costs and one ( 1 ) week per month of the bid specialist's time would be saved. The time saving will be needed to offset time needed to process additional bids associated with the bond projects. RECOMMENDATION Staff recommends Commission approval of changes on first reading. RAB:kwg Twc J: CCr\DT l! I '^/ ^ ve I\n ^ TTCDC' '" '" . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER M SUBJECT: AGENDA ITEM # ,~~ - MEETING OF JANUARY 29, 1991 ORDINANCE NO. 8-91 DATE: January 25, 1991 This is a first reading of an Ordinance amending the Code of Ordinances to provide that the definition of "Non-assessed Property" shall include tax-exempt propertYi to provide for a discount for properties located within the Lake Worth Drainage District and those properties serviced by private street drainage systems where the City does not provide maintenance; to provide for an adjustment for non-residential properties not located within the Lake Worth Drainage District with private drainage systems on site. This proposed amending Ordinance reflects direction received at your January 22nd workshop meeting. If you wish to eliminate any of the modifications, the caption can be amended upon first reading. It should be noted that if the Commission decides to approve this ordinance upon first reading, adoption of Resolution No. 118-91 would have to be delayed until second reading. Alternatively, you may wish to determine (by a two-thirds vote) that the enactment of this amending ordinance is an emergency, in which case Resolution No. 118-91 could be adopted immediately after action on this ordinance. Also in response to the January 22nd workshop, City Staff has: (1) Verified the average floor space for single family residences and the square footage allowed for driveways, patios, etc. (2) Computed the revenue loss if all tax exempt properties are excluded. (3 ) Begun an investigation of the possibility of treat ins con- dominiums the same as buildings under one ownership. Detailed information on these matters will be forwarded to the Cow~ission as soon as possible. ~~ ~ ~ bL ~/lc:L "" "" ,'~I,TY,.ATTORNEY' S OFFICE TEL No. 407 278 4755 Jan 25,91 12: 45 p' J12 "'iIJI1,',~r*I'~I" fj""j""~lI'li:" " ,'il~I" 1'1, ';,1 ",I I. , :I~'l, ~I\ ,II' 1 ~I~I .;1~,l~1!:,,,,l.,, ;~ ~J,,;'!'j, }" ""~,,,: 1"I,!I"I;")l ~i:',!l':,I,,'" ' "", .,. il ""~~:!j,',iC:r!,:,!lt",~,t:!'1 11' ~""ill"\"":'''',I.I..',.'.' Jj~, ~I j ,,1,11,","1,.'11-"'11. '~, !t I~t 1n~:, ':II'llrdl'~il:';./:\;',\"" tiT' DF DELAAY IEAtH.,,::,~j 'e;ii<;.... . ."""""',,,i;'''I\i '1I~"llr~'IY~II';~(:'~I~"'i,i:(:.::,~;:,I;~::;1:1;I.'il1~1.11",t I " " CITY "....ORNEY'S OFFICE 310 S.E. 1st ST~EE'I', SUITE 4 .. DELRA Y llIcA(:I1. fT ,OR IDA 33483 "I I 407/243-7090. TELECOPIER 4071278-4755 MEMORANDUM Date: January 24, 1991 To: City Commission From: Susan A. Ruby, Assistant City Attorney Subject: Stormwater Utility Amendment to Ordinance 21-90 The ordinance before you amends ordinance 21-90 and provides that tax exempt property shall be included in the definition of non-assessed property and, therefore, tax exempt properties shall not be responsible for the Stormwater Management Assessment. In addition, the ordinance establishes a discount for properties located within the Lake Worth Drainage District and further provides a discount for those properties that are served by a private street drainage system which is not maintained by the City. The ordinance also addresses adjustments for non-residential properties with private drainage systems on-site. If the Commission desires to eliminate any of the above stoted modifications to Ordinance 21-90, the caption can be modified upon its first reading to reflect the desires of the City Commission. 'rhe Ci ty Commission considered but did not adopt Resolutiun 118-90 at its December 11, 1990 meeting. The bOdy of Rf~solution 118 -90 need not be amended to reflect any ch~nges i'oU may make by v lrtue of amending Ordinance 21-90, howevel.', the exhibits to Resolution 118-90 may need to be al tered to reflect th.e Commission's direction regarding discounts and tax exempt properties if the direction effects the rates 01' the budget, as contained in the exhibits. If the Commission deCides to amend Ordinance 21-90 with this ordinance it will delay the ability to adopt Resolution 118-90 unti 1 the second reading of the ordinance is accompl ished. If the Commi6sion, however, determines (by a two-thirds vote) that enactment of this amending ordinance is an emergency, they may enact this ordinance with one reading, and after aduption may adopt Resolution 118-90 setting forth the rates and the budget with modified exhibits. ," A CITY,ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 2':,,91 12:45 F' ,Cl3 Please do not hesitate to contact our off1ce should you desire ~n(Ormation. SAR:ci cc David Harden, City Manager Alison Hardy, C1ty Clerk. Rob Taylor, Deputy Director of Environmental SBrvices I Public Works -..-.. . " "--- . MEMORANDUM TO: Mayor and Commission FROM: David T. Harden, City Manager p1l,).I~ SUBJECT: ADDITIONAL AGENDA BACKUP MATERIALS DATE: January 28, 1991 Attached are copies of background materials (Resolution No. 118-90 and staff memorandum) pertaining to the Stormwater Utility issue which were inadvertently omitted from your agenda packet. Additionally, the Stormwater Assessment Roll will be available for review in the Commission Chambers at your Tuesday evening meeting. Also attached are additional staff memoranda received today. One memorandum compares us with the proposal currently under consideration by the City of West Palm Beach. The other memorandum details our cost estimate for assuming responsibility for maintaining drainage systems currently under private ownership. While this memorandum also discusses street maintenance, I would not recommend that we assume responsibility for maintaining the streets. Also, I believe the street maintenance costs are over-estimates since the time between resurfacing of the local street should be significantly more than seven years. DTH:cl Encl ;1" 1.::9 {~~" J)..d.L<f; . MEMORANDUM TO: David T. Harden city Manager THRU: Mark Gabriel ~~ Acting Director of Environmental Services FROM: Rob Taylor ,11151/ Deputy Director Public Works SUBJECT: STORMWATER UTILITY DATE: January 23, 1991 I was able to research the data files accumulated during the stormwater utility study in order to address some issues raised at the Workshop on January 22, 1991- As I expressed at the Workshop, Commissioner Mouw's supposition that the ERU size of 2502 square feet included only the building footprint was incorrect. That includes the building footprint and any additional impervious improvements. The actual area of the average building footprint was 1791 square feet. Records indicate that there are 101 church owned properties in the City of Delray Beach. Their total contribution to the stormwater utility Fund is $23,861.25 (707 ERU ' S) . This does not take into account any credits they may receive either for provision of on-site retention or inclusion in the LWDD. I spoke with Dorothy Jacks of the Palm Beach County Property Appraisers' Office regarding the procedure of classifying properties within Planned Units of Development and Condominium Developments, including those with mixtures of single family detached, condominium and multifamily (townhome, duplex) structures. She indicated that each structure was appraised and classified separately, and therefore, there should not be any detached single family structures classified as condominiums (with the exception of possible periodic errors in the County files) just because of their inclusion in a development which is predominately condominium living. ". I will prepare an estimate of the annual cost to accept responsibility for the private water management systems in the city. Please be advised that this will be a very rough idea of costs due to the many uncertainties involved and assumptions which must be made. If you have any questions regarding these matters, please contact me at Extension 7337. ~(~L ob Taylor RT:smm cc: File; Memos to City Manager RTSTRMOl . -- ---- - ._-~----- -----_.._-- ----. - --_._--~--- -------- ------ ._---~ -- -------------------- -------- RESOLUTION NO. 118-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH ORDINANCES NO. 21-90 AND 49-90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING THAT UPON ADOPTION OF THIS RESOLUTION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL, THE CITY IS AUTHORIZED TO BILL AND COLLECT STORMWATER MANAGEMENT ASSESSMENTS. WHEREAS, the City Commission of the City of Delray Beach, Florida did, on July 6, 1990, adopt Ordinance No. 21-90 which enacted a new Chapter 56, entitled, "Stormwater" of the Code of Ordinances of the City of Delray Beach, Florida, which provides for the creation and establishment of a City-wide Stormwater Management System; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on October 23, 1990, adopt Ordinance No. 49-90 which enacted a new Section 8.4.16, entitled, "Stormwater Management Assess- ments" , amending the Land Development Regulations of the Code ot Ordinances of the City of Delray Beach, Florida, which provided for the method of establishing and collecting Stormwater Management Assessments; and, WHEREAS, the statutory authority for the creation and imple- mentation of Ordinance 21-90, and Ordinance 49-90 is predicated on Article VIII, Section 2 (b) of the Florida Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable provisions of law; and, WHEREAS, the City Commission of the City of the City of Delray Beach, Florida, has found that owners, tenants and occupants of property within the geographical boundaries of the City will derive a special benefit from the effective management of stormwater and other surface water and from the operation, maintenance and expansion of the stormwater management system; and, WHEREAS, Ordinance 21-90 establishes that the rate for Stormwater Management Assessments for each parcel within the benefited area, other than respect to non-assessed property, shall be established each year by resolution of the City Commission; and, WHEREAS, Ordinances 21-90 and 49-90 provide that such rate resolution shall not be adopted prior to the establishment of an opera- tional budget for the system or prior to conducting a rate hearing as required by applicable law; and, WHEREAS, Ordinance 21-90 provides that such budget shalL include, but not be limited to a capital element, a debt service element and an 0 and M element and further requires that the rate hearings and rat.e resolution shall clearly establish what portion of the Stormwater ,. ---------. .-- - --.-- --, - .-~.__..__._._..- - ---- ----_._--- -.-~----- -~._-- -.----- -~...- -_....~---_.__.-.-.- Management Assessment reflects the capital element, the debt sen: ice element, if any, and the 0 and M element; and, WHEREAS, Ordinance 21-90 provides that the initial stormwater budget shall also include, but not be 1 imi ted to, all costs of creating the system, including legal fees and expenses and the fees and expenses of the Consulting Engineer, the reimbursement of the City's general fund for any monies (other than the proceeds from voter-approved debt) appropriated to pay the cost of making additions, extensions and improvements to the existing system; and, WHEREAS, Ordinance 21-90 further provides that during the period from the effective date of Ordinance 21-90 through September 30, 1990, a Stormwater Management Assessment shall be levied against each parcel within the benefited area, which is non-assessed property, and shall be determined by a ratio such period bears to a complete year multiplied by the pro rata share of the ini tial stormwater budget (other than ini tial start-up costs which will not be on a pro rata basis) to be borne by the owners of such property at the appropriate rate; and, WHEREAS, a budget of operation for the year ending September 30, 1990 and for the next fiscal year as set forth herein in Exhibit A, is established in conformity with the requirements of Ordinance 21-90 and Ordinance 49-90; and, WHEREAS, for the period from the enactment of Ordinance 21-90 to, but not including October 1, 1991, billing and collection of the Stormwater Management Assessment shall be accomplished utilizing the interim collection method as set forth in Ordinance 21-90 and assessed and collected in the manner described in Ordinance 49-90; and, WHEREAS, a rate for Stormwater Management Assessments for the various classes of property (other than non-assessed property) within the benefited area shall be calculated as provided in Ordinance 21-90 and Ordinance 49-90 and as further set forth in Exhibit B to this Resolution; and, WHEREAS, a public hearing on this resolution setting the rates and adopting the budget and for the purposes of adopting a stormwater assessment role was duly noticed pursuant to Ordinance 49-90 as codified in Section B.4.l6 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida; and, WHEREAS, the City, upon adoption of the budget and rates shall review the stormwater assessment roll to determine its conformity with the proposed rate resolution and if upon the completion of such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared in conformity with the proposed rate resolution, it s ha 11 adopt said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is correct and proper and is to be used in collecting the Stormwater Management Assessments. Thereafter, the City Commission, if no objections are made by persons affected by the assessment roll at the public hearing or if objections having been made are deemed insufficient by the City Commission, shall thereupon adopt the assessments as shown by the Assessment Roll; and, 2 RES. NO. llB-90 -_..~-- - -- ------ .--'-- -- ---- ~~ ---------------- ------------- --, ---- ---.-- -- ---- WHEREAS, the owner of each parcel within the benefited an"a for which a Stormwater Assessment is levied, shall thereafter be respon- sible for payment thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That the City Commission of the City of Delray Beach, Florida does hereby adopt the aforementioned preamble in its entirety. Section 2. That the City Commission of the City of Delray Beach, Florida does hereby adopt, after public hearing the budget as established in Exhibit A hereto which is incorporated herein. Section 3. That the City Commission of the City of Delray Beach, Florida does hereby adopt, after public hearing, the rates as set forth in Exhibit B which are incorporated herein. Section 4. That the City Commission of the City of Delray Beach, Florida pursuant to Ordinance 21-90 and 49-90, upon passage of this resolution and certification and adoption of the Stormwater Manage- ment Assessment Roll, hereby directs the appropriate City department to bill and collect Stormwater Management Assessments. PASSED AND ADOPTED in regular session on this day of , 1990. MAY 0 R Attest: City Clerk 3 RES. NO. 118-90 .. . ... ( EXHIBIT A STORM WATER UTILITY FUND Budget Proposal REVENUES Charges for Services $1,409,162 --------- Total Revenues $1,409,162 --------- -------- EXPENDITURES Salaries & Wages - Regular $17,100 (1) Administrative Assistant * Director's Positions funded from general operating Social Security Match $1,310 Health/Life/Disability $2,500 Worker's Compensation $70 --------- Total Personal Services $20,980 Engineering Study $99,680 Medical Services $300 Consulting $9,600 Telephone $200 Postage $12,012 Share of Administrative Expense $90,513 Insurance Expense $2,171 --------- Total Contractual Services $214,476 Operating supplies $9,500 Public Awareness Program $4,130 ------- Total Operating $13,630 Capital Outlay Northwest Drainage Area Project $400,000 Project on-going. Currently funded (partially) from Decade of Excell and General Fund. The $400,000 represents construction cost for the drainage improvement encompassing a 252 acre basin area. Stormwater Master Plan #1 $96,000 Conceptual drainage master plan. This project encompasses 1.5 square miles, north of lake Road and East of 1-95 interstate. The $96,000 represents surveying, engineering and planning cost only. N. Federal Highway Drainage $100,000 . ( \, Drainage improvements tor City Enclaves. Lake Ida area Drainage $100,000 Drainage improvements for City Enclaves. Germantown Drainage $100,000 Drainage improvements tor City Enclaves. ---------- Total Capital $796,000 Project Reserve Operating Contingency $186,763 ---------- TOTAL ADMINISTRATION $1,231,849 STREET CLEANING/MAINTENANCE DIVISION Salaries & Wages Regular $77,000 Street Maintenance Worker III (2) Street Maintenance Worker II Street Maintenance Worker I Overtime $1,500 Other Employee Compensation $1,030 Social Security Match $6,080 Retirement Contribution $4,888 Health/life/Disability $9,125 Worker's Compensation $11,871 ---------- Total Personal Services $111,494 Repair & Upkeep Equipment $500 Repair & Upkeep City Garage $18,928 Uniform & linen Service $1,200 Insurance Expense $1,662 ---------- Total Contractual Services $22,290 Repair and Upkeep Canals $10,000 Gas, Oil & lubricants $4,000 Tires, Tubes And Access $600 Vehicle Replacement $28,929 ---------- Total Operating $43,529 ---------- Total Division $177,313 Fund Total $1,409,162 --------- --------- ". EXHIBIT B Total 15 Month Property Description Rate Structure Assessment Single Family Residential ($2.25/Mo./ERU)(15 Mo.)(lERU) $ 33.75 Condominium ($2.25/Mo./ERU)(15 Mo.)(0.53ERU) $ 18.00 Single Owner Multi- Family Residential ($2.25/Mo./ERU)(15 Mo.) $ 33.75/ERU Non-Residential Developed ($2.25/Mo./ERU)(15 Mo.) $ 33.75/ERU Undeveloped ($2.25/Mo./ERU)(15 Mo.)(1.12 ERU/AC) $ 40.50/AC * The proposed base rate is $2.25/Mo./ERU One Equivalent Residential Unit (ERU) is equal to 2,502 square feet of impervious area. RT:kt File: Stormwater Utility Program MEMORANDUM TO: David T. Harden City Manager THRU: Mark Gabriel, Assistant Director of Environmental Services/ City Engineer evc.d> FROM: Rob Taylor, Deputy Director of ~5( Environmental Services/ Public Works DATE: January 25, 1991 SUBJECT: STORMWATER UTILITY PRIVATELY OWNED STREETS AND DRAINAGE SYSTEMS In an effort to make the stormwater utility assessment more equitable, the City has investigated a number of possible modifications. One alternative is to accept responsibility for privately owned streets and their associated drainage systems. This would be done in lieu of discounting the assessment for properties in these areas. Attached is a very rough estimate of annual costs associated with the City's possible acceptance of the current privately owned streets and associated drainage. Annual costs for drainage maintenance are estimated to be $176,880.00. Assuming that we also accept responsibility for maintaining the streets there would be an additional maintenance cost of $553,143.00 per year. This would add up to a total annual maintenance cost of $730,023. Remember that this does not consider any new construction that may be necessary due to an inadequate present level of service. It also does not include any costs associated with maintaining their privately owned water management tracts. All assumptions used in determining these estimates are included on the attached worksheets. If you have any questions regarding this matter, please call me at extension 7337. RT: j af cc: W. Greenwood, Director of Environmental Services RTSU File: Memo to City Manager ,. ~.__.__. - u__ _._._.~~___ " .~-_.._-- ~ STORM WATER UTILITY Proposed Private Roadway and Drainage System Aquisition Estimated Yearly Maintenence Cost to City (For subdivisions west of 1-95, Isles of Delray, Laver's, Southridge, and Pelican Harbor) January 28,1990 I. Estimated Length of Road and Pavement Area There is about 50 miles of roadway in question. Assume all roads are two lanes, each twelve ft. Pavement area = 264,000' X 24' = 6,336,000 SF = 704,000 SY Assume pavement life = 7 years II. Estimated Drainage System Assume 20% of road length is drainage pipe. 0.20 X 264,000 Lf = 52,800 Lf Assume average pipe diameter is 24" Assume one drainage structure every 250 Lf 264,000 Lf/250 = 1,056 Structures Assume entire pipe length requires cleaning maintenance once every five years, and drainage system life expectancy is 30 years. III. uiiit Costs (1991 Dollars) Resurfacing and Striping $ 5.50jSY Storm Sewer Pipe Replacement $ 50.00jLf Storm Sewer Structure Replacement $ 2,500.00/Ea Storm Sewer Maintenance $ 1.75/Lf '" _.~- -. .. --- _.~.,_.~._-_.__..._--~-_.,_._----- ~ --.-.'-'- -.-- -... _.._~ -.---.- IV. Total Estimated Costs ROADWAY Cost to resurface and stripe entire system 704,000 SY X $5.50/SY = $ 3,872,000.00 Assume 7 Year Pavement Life $ 3,872,000.00 /7Yr = $ 553,142.86/Year DRAINAGE Cost to replace entire drainage system 52,800 Lf X $ 50.00/Lf = $ 2,640,000.00 1,056 structures X 2,500/Ea = $ 2,640,000.00 Total Replacement Cost = $ 5,280,000.00 A 3.3% annual replacement program in 1991 dollars $ 5,280,000.00 X 0.03 = $ 174,240.00 Maintenance every five years 52,800Lf/5Yr @ $ 1.75/Lf = $ 18,480.00 Total Estimated Yearly Cost = $ 192,720.00 V. Summary of Annual Costs Roadway Maintenance = $ 553,143.00 Drainage Maintenance = $ 192,720.00 Tota1 Estimated Annua1 Cost = $ 745,863.00 JCR ". DEPARTMENT OF ENVIRONMENTAL SERVICES M E M 0 RAN DUM TO: DAVID T. HARDEN CITY MANAGER THRU: MARK A. GABRIEL, P. E. tit U ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER FROM: ROBERT TAYLOR (<.~ DEPUTY DIRECTOR OF ENVIRONMENTAL SERVICES/PUBLIC WORKS DATE: JANUARY 28, 1991 SUBJECT: STORMWATER UTILITY COMPARISON TO CITY OF WEST PALM BEACH - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - As requested, I have researched the details of the City of West Palm Beach's proposed Stormwater Utility for comparison to our own. The City of West Palm Beach's consultant is Camp Dresser' McKee ( CDM) . Mr. Lee Collum, Director of the Engineering Department indicated to me that the probable charge would be approximately $ 3.50/ERU as compared to our proposed rate of$ 2.25/ERU. The assessment rates are based on total impervious area just as ours are. Mr. Collum indicated that all residential units (single family detached (SFR), multi-family ( MFR) , condominiums) would be charged the same rate, whereas we have proposed a lesser rate for condominiums. The rational for assessing condominiums and MFR the same amount as SFR is the directly connected impervious area concept. Because these types of developments usually have more impervious area directly connected to the storm sewer system, it takes less net area to produce the equivalent amount of runoff that would be produced by a SFR which generally has some type of yard around it which acts as a buffer. Mr. Collum said that the City had not yet decided what to do about private developments and properties within special drainage districts, but that the consultant's contract was being extended to address this situation. I spoke with Mr. Armando Perez of CDM regar~ing this matter. He stated that these properties should be responsible for a portion of the assessment based on the benefits they are receiving from the Utility, but not the benefits they are receiving from the homeowner's association and/or special drainage district. He stated that typically they are responsible for a portion of the administration, maintenance of the City 1 of 2 '. .--,--- ,----- -. -. '.-'-'---"'- ---- - system (due to their use of City streets, etc.), and even some capital improvements, depending upon the nature of the improvement. This information may be useful to yourself and the commission in assessing the future of Oelray Beach's Utility. If you have any questions regarding this matter, please contact me at Ext. 7337. RT:kt cc: File RTPWSW - Stormwater Utility William H. Greenwood, Director of Environmental Services 2 of 2 CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25.91 12:46 P.04 ORDINANCE NO. 8-91 AN ORDINANC~ OF THE CITY COMMISSION O~ THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 56, "STORMWATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ~y AMENDING SECTION 56.04, "DEFINITIONS", '1'0 PROVIDE THAT THE DEFINITION OF "NON-ASSESSED PROPERTY" SHALL INCLUDE TAX-EXEMPT PROPERTY; BY AMENDING SECTION 56.15, "IMPOSITION OF STORMWATER MANAGEMENT ASSESSMENT, CLASSIFICATION AND CRITERIA", SUBSECTION (B), TO INDICATE THE AVAILABILITY OF DISCOUNTS; BY REPEALING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION (D) AND ENACTING A NEW SUBSECTION (D), TO PROVIDE FOR A DISCOUNT FOR PROPERTIES LOCATED WITHIN THE LAKE WORTH DRAINAGE DISTRICT AND TO PROVIDE FOR A DISCOUNT FOR PROPERTIES SERVED BY PRIVATE STREET DRAINAGE SYSTEMS WHERE THE CITY DOES NOT PROVIDE MAINTENANCE; BY AMENDING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", BY ENACTING A NEW SUBSECTION (E), TO PROVIDE FOR THE BASIS OF THE DETERMINATION OF IMPERVIOUS AND TOTAL AREAS OF A PARCEL; BY AMENDING SECTION 56.17, "ADJUSTMENTS OF STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION (A) BY ENACTING A NEW SUBPARAGRAPH 6, TO PROVIDE FOR AN ADJUSTMENT FOR NON-RESIDENTIAL PROPERTIES NOT LOCATED wl'l'HIN THE LAKE WORTH DRAINAGE DISTRICT WITH PRIVATE DRAINAGE SYSTEMS ON SITE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING AN EFfECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida desires to amend Ordinance 21-90 which created Chapler 56, "Stormwater", of the Code of Ordinances of the City of Delray Beach, Florida, for the purpose of providing certain discounts in order to enhanc~ rate equity; and, WHEREAS, the City commission of the City of Delray Beach, Florida further desires to amend Ordinance No. 21-90 which created Chapter 56, "Stormwaler", of the Code of Ordinances of the City of Delray Beach, Florida, to provide that tax-exempt properties shall be defined as non-assessed properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 5, "Public Works", Chapt~r 56, "Stormwater", Section 56.04, "Definitions", of the Code of Ordinances of lhe City of Delroy Beach, Florida, be, and the same is hereby amended by amending, "Non-Assessed Property", to read as followS: "Non-Assessed Property" shall mean pUblic rights-of--way, lakes, rivers, and other bodies of wat.er not utilizing or having a direct or indirect impact. on the system, ta~-exempt properties, and such other properties within the Benefited Area which may be determined by the Director to be exempt from the payment of the "Stormwater Management. Assessment". '" CITY ATTORNE!'S OF~ICE TEL No. 407 278 4755 Jan 25,91 12:47 P.05 Section 2. That Title 5, "Public Works", Chapter 56, "Stormwater", Section 56.15, "Imposition of Stormwater MandgeRl~lIt Assessment, Classification and Criteria", subsection (S), be and the same is hereby amended, to read as follows: (B) For purposes of imposing the StormwaLer Management Assessment, all parcels of land, other than Non-Assessed property, shall have one of the following classifications. and may be entitled to additional discounts pursuant to Section 56.16. 1. Developed property (a) Residential Property (b) Non-Residential Property \ 2. Unimproved Land Section 3. That Title 5, "Public worJes", Chapter 56, "Stormwater" , Section 56.16, "Establishment of Rates for Stormwater Management Assessments", subsection (D) is hereby repealed dnd a new subsection (D), be, and the same is hereby enacted to read dS follows: (D) All properti.es are subject to the rate classifications contained within Section 56.l6(C). However, some properties may be entitled to cumulative discounts. The discount rat.. are as follows: 1. "Lake Worth Drainage District". (a) All properties located within the Lake Worth Drainage District, as indicated by the Palm Beach county name-address-legal file (NAL), shall receive a twenty-five percent (25\) discount. 2. "privately Maintained Street Drainage Systems". (a) All properties for which the City does not provide for the maintenance of street drainage systems shall receive a twenty-five percent (25\) discount. For example, a residential property located within the Lake Worth Drainage District which is also served by a Private Street Drainage system, which is not City maintOj.ned, will be entitled to a twenty-five percent (25\) discount for being located within the Lake Worth Drainllge District, plUS, an additional twenty-five percent (25\) discount (for a total of a Utty percent (50\) discount) because the property is served by a Private Street Drainage System, which is not maintained by the Ci'::y. , Section 4.. 'l'hat Title 5, "Public Works", Chapter 56, "Stormwater", Section 56.16, "Establishment of Rates for Stormwa.ter 2 ORD. NO. 8-91 " " CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25.91 12:47 P.06 Management Assessments", be and same is hereby amended by enacting a new paragraph (E), to read as tollows: (E) The determination of Impervious Area and total area of a parcel shall be based on data from the Palm Beach County Master Appraisal File (herein "MAE"'), or from information provided by the owner of such parcel if the information from the MAF is found to be incorrect by clear and convincing evidence, as determined in the sole discretion of the Director. Information provided by an owner shall include, at his own cost, such information requested by the Director, including survey data certi tied by a professional land surveyor and/or engineering reports prepared by a professional engineer acceptable to the Director. Section 5. That Title 5, "Public Works" , Cha(.l\.er 56, "Stormwater", Section 56.17, "Adjustment of Stormwater Management Assessments", subsection (A) , be and the same is hereby amended by enacting a new subparagraph 6, to read as follows: 6. All Non-Residential properties located within the Lake Worth Drainage District with Private Drainage Systems on site shall not be eligible for an adjustment based on on-site retention of stormwater. All other Non-Residential properties with Private Drainage Systems on-site Ilhall be eligible for an adjustment based on on-site retentIon ot etormwater. Section 6. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 7. That should any section or provisIon ot" 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 8. This Ordinance shall become eftectIve inunedIatel y upon its passage. A certitied copy of this Ordinance, as enacted, s ha 11 be filed with the Department of State. PASSED AND ADOPTED in regular session on secund and final reading on this, the _ day of , 1991. MAYOR A'1'TEST I city Clerk f' irs t RtulclInq second Reading J ORO. NO. 0-91 " " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ",'0!1 SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ORDINANCE NO. 9-91 DATE: January 25, 1991 This is a first reading of an Ordinance amending the Land Development Regulations, by enacting a new sub-section "Trucks", to provide for a restriction on truck parking in the Single Family (R-1A) Zoning District. Per previous Commission direction, this ordinance allows no more than two trucks on a lot within all residentially zoned districts. In the Single Family (R-1A) Zoning district only panel, pickup, van, and similar type trucks, not exceeding the one-ton rated capacity are permitted. All other residential districts are limited to 3/4 ton trucks. Recommend approval of Ordinance No. 9-91. p~ ~ ~ llOt91'i1 . 4+ol c~~s) CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25,91 11:36 P.06 . . . " . .- . EIT' DF DELHA' BEAtH CITY ATTORNEY'S OFFICE 3\ 0 S.l::. 15t STREET, SUITt=. 4 . DELRA Y UhACH, l'l,ORIDA 33483 407{24)- 7090 . TELECOJ>WR 407/278-.4 755 MF.MORANDUM Date: January 25, 1991 To: City Commission ~{ From: David N. Toloes, Assistant City Attorney Subject: Land Development Regulation Amendments As (i!rected by the City Commission, this ordinance addresses truck parking within residential zoning districts. This ordinance will result in allowing no more than two "trucks" on a lot within all residentially zoned distr1cts. In Rl-A districts, there is a one-ton limit on truck size, and 1n all other residential districts, the limit on truck size is 3/4 tons. Furthermore, the trucks parked at the premises must be used by a resident of those premises. DNT:sh 1\ttachrnent I I I ! , " CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25,91 11:36 P.07 · L - - OF,DIN1\.NCE NO 9 - 91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OELRA"i BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", SUBSECTION 4.6.13(13), "PERMISSIBLE PARKING" I OF THE LAND DE~LOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITi' OF DELRAY BEACH, FLORIDA, BY REPEALING SUB-SUBSECTION 4.6. 13 (B) ( 1) , "TRUCKS" AND BNACTING A NEW SUB-SUBSECTION 4.6.13(B)(1), "TRUCKS", TO PROVIDE FOR THE PROHIBITION OF PARKING TRUCKS EXCEEDING ONE-TON RATED CAPACITY IN R1-A RESIDENTIAL ZONING DISTRICTS; TO PROVIDE FOR THE PROHIBITION OF PARKING TRUCKS EXCEEDING 3/4 TON CAPACITY IN ALL RESIDENTIAL ZONING DISTRICTS OTHER THAN Rl A; TO PROVIDE FOR A MAXIMUM OF TWO ONE TON TRUCKS -PER RESIDENTIAL LOT IN ALL RESIDENTIAL ZONING DISTRICTS, PROVIDING A SAVING CLAUSE I PROVIDING A REPEALER CL1'-USE: PROVIDING AN E!'FECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA"i BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations" , Section 4 ~ 6 .13, "Parking and StoraQe of Commercial Vehicles, Boats, Trucks, and Similar vehicles", Subsection 4.6.13(B), "Permissible parking", Sub-subsection 4.6.13(B)(1), "Trucks", of the Land Development Regulations of the City of Delray Beach, Florida, be) and the same is horeby repealed. Seotion 2. That Chapter 4, "Zoning Regulations", Article 4.6, "supplemental District Regulations" , Section 4.6.13, "Parking and Storage of commercia.l Vehicle., Beats, Trucks. and. Simila.r Vehicles", Subsection 4.6.13(B), "Permissible Parking", of the Land Development Regulations of the City ot Delray Beach, Florida, and a new Subsection 4.6.13(B)(1), "Truc~&", is enacted to read as follows: (S) Perm~ssible parking: truok shall i I , two suc Section 2.. 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 inva.lid, suoh deci- sion shall net affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinAnces which , are in conflict herewith are hereby repealed. I I . " CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25,91 11:37 P,OS I "- ........,.., ~ection 4. That this ordinance shall become effective ten (10) days after its passage on second and final readin9. ~ASSED AND ADOP'l'ED in regular session on second and final reading on this the _____ day of , 1991. MAYOR ATTEST: City Clerk First Readin; Second Readinq I ~ 2 ORD. NO. 9-91 '..1 .~...... . . .. '.',.'.-., " ';yO ~ ~ AY (\ JJ , /t 0 //, \ o~~ / r\ u~~r-< ", ~ ~, ~,j) f\tt~ L 0 J 01 . (, (U~ ~ \ t~ -iyJ;- ~\ ~~l/l" ~ f-!' rf, ^ A ~,t1i1pJshll wt) ',4 0 \J rV}JY (I() ~ vr(\\i' ' M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERL~ SUBJECT: AGENDA ITEM # crf> - MEETING OF JANUARY 8, 1991 RECEIPT OF RECOMMENDATIONS AND DIRECTION REGARDING TRUCK PARKING IN RESIDENTIAL ZONE DISTRICTS DATE: January 4, 1991 The item before the Commission is a request for direction with respect to text changes and the preparation of an ordinance for first reading on the subject of truck parking in residential zoning districts. This item was last discussed by the Commission at the November 7th workshop meeting at which time it was remanded to both the Planning and Zoning Board and the Neighborhoods Task Team for further review and subsequent recommendations. Items of partic- ular concern to be addressed had to do with the feasibility of providing a waiver provision and the establishment of hardship criteria if appropriate. The Commission also felt that a pro- vision to allow the keeping of a church bus on church property would be desirable. The Planning and Zoning Board and the Neighborhoods Task Team have now completed their review and their recommendations are set forth in the accompanying backup material provided by the Plan- ning Director. Also outlined in the backup are those items for which direction is requested with respect to this issue. Recommend that direction be provided regarding each of the components of the subsequent text amendment, after which an appropriate ordinance will be drafted for consideration on firs~ reading. '. .. . . . C I T Y COM MIS S ION DOCUMENTATION TO: ALISON MACGREGOR-HARTY, CITY CLERK FROM: Q~~~~IRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 8, 1991 RECEIPT OF RECOMMENDATIONS AND DIRECTION REGARDING TRUCK PARKING IN RESIDENTIAL ZONE DISTRICTS ACTION REQUESTED OF THE COMMISSION: The action requested of the ,City Commission is that of providing direction with respect to text changes and the preparation of an Ordinance for first reading regarding the subject of truck parking in Residential Zone Districts. The Code Section which is involved is 4.6.13(B), Page 4.6.49 of the LDRs. BACKGROUND: This item was previously before the City Commission with a recommendation from the Planning and Zoning Board that truck parking restrictions should be placed upon properties zoned R-I-A, and that they apply to trucks of greater than one ton. The Board also recommended that throughout the City there should be a limitation of not more than two trucks, of any size, upon a parcel within Residential Zone Districts. The City Commission desired that consideration be given to providing a waiver provision and that hardship criteria to be delineated. The Commission also desired that a provision to exclude the keeping of a church bus, on church property, be added to the Code. With the above direction, the item was remanded to the Neighborhoods Task Team and the Planning and Zoning Board for further consideration and recommendation. '. , , city Commission Documentation Receipt of Recommendations and Direction Regarding Truck Parking in Residential Zone Districts Page 2 NEIGHBORHOODS TASK TEAM CONSIDERATION: The NTT recommended that hardship be defined as follows: In the R-I-A Zone District trucks with a rating capacity of greater than one ton may be exempted from compliance when the owner can demonstrate adequate parking space and screening of the vehicle from his/her neighbor; and demonstrate that the use of the truck in question is the primary source of income of an individual within the household, and that another parking facility is not available within the City limits. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and zoning Board formally reviewed this item at its meeting of December 17th. After discussion of the NTT recommendation, the Board on a 4-2 vote (Naron and Krall dissenting, Parker absent) recommended: that there not be a waiver provision but that the ordinance be enforced in a reasonable manner, 1.e. phasing in of the restriction pursuant to normal administrative processes (general notice, specific notice, warnings, citations). RECOMMENDED ACTION: By motion, provide direction regarding each of the components of the subsequent Text Amendment. Thereafter, the City Attorney's Office will draft an appropriate Ordinance for first reading. Items which need direction are: a) retaining the original recommendation of the Planning and Zoning Board, i.e. to place truck parking restrictions in the R-1-A Zone District and that they apply to trucks of greater than one ton; and that in any Residential District no more than two trucks may be parked on a parcel; b) whether or not a waiver provision should be included and, if so: -- the criteria (see the NTT recommendation), -- what body should consider the waiver? '- city Commission Documentation Receipt of Recommendations and Direction Regarding Truck Parking in Residential Zone Districts Page 3 -- what notice should be given (public hearing newspaper advertisement, letter notice to adjacent property owners, letter notice to homeowners association, letter notice to property owners within a 500' radius)? c) to add a new subsection (6) to Section 4.6.13(A), which exempts the keeping of a bus(ses) on church property. Attachment: * P'Z Staff Report' Documentation of December 17, 1990 DJK/leh DJK/#75/CCTRUCK.TXT '" PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 17, 1990 AGENDA ITEM: V.B. Recommendation Regarding Proposed LOR Text Amendment Dealing with Truck Parking i~ Residential Zone Districts ~ ITEM BEFORE THE BOARD: The item before the Board is that of reconsideration of the matter of "hardship" and relief as it may be considered in the proposed amendment dealing with new restrictions on truck parking in the R-1-A zone district. BACKGROUND: This topic was before the Board previously when a recommendation was forwarded to the City Commission to impose truck parking restrictions in the R-1-A zone district in the same manner as they are applied elsewhere except that trucks up to one ton, as opposed to 3/4 ton, should be accommodated. The Board also recommended that, Citywide, there be a restriction of no more than two trucks allowed on a parcel. At that time, the Board did not support provisions for relief. At the City Commission hearing, concerns were raised about hardships on individuals and the item was remanded to the Neighborhoods Task Team and the Planning and Zoning Board for comment on the hardship issue. The Neighborhoods Task Team recommended that hardship be defined and applied as follows: Trucks with a rating capacity of greater than one ton may be ~A6L . exempt from compliance with the ordinance when the homeowner ~ can demonstrate adequate parking spaces and screening of the vehicle from his/her neighbor; and demonstrate that the use W&r of the truck in question is the primary sources of income of an individual within the household and that no other parking , facility is available within the City limits. (The above is from the NTTs first reconsideration and then as modified following a discussion with some P&Z Board members on December 6th.) ALTERNATIVE ACTIONS: The following courses of action are available to the Board: 1. Recommend that the position of the NTT, as amended above, be --_...--_.~--_..: .:_-- --- --- ---_....::----- P&Z Staff Report Meeting of December 17, 1990 Recommendation Regarding Proposed LDR Text Amendment Dealing with Truck Parking in Residential Zone Districts Page 2 2. Recommend that there be no hardship provisions and .that the ordinance be enforced in a reasonable manner L e. which allows for some phasing in of the restriction pursuant to normal administrative processes (general notice, specific notice, warnings, citations). 3. Recommend that some other basis be for exceptions be made (and so state the basis). RECOMMENDED ACTION: Action is to by motion. Since this is policy setting and interpretation matter there is no recommendation from the Director. DJK/dlm Attachments: * Previous memos regarding comments and recommendations on the proposed amendment. Please refer to the previous staff reports for an analysis of the underlying requirements (Le. other than the hardship issue) . DJK/#74/PZTRUCK.TXT j)~ - (\'1:) \..~ \-., f> ~ 34 \~..... ~ - (l1C k\.oU l'1':> I Se.,,?I i-;'I-l> ~.~ ~,all - gVleefl'~J ~ ()jQ,\) ~ a\\cu.; e~~-\-~ ~CA~ - ~ 't-~\..~~ c~ ~ ~~~~ =-.-: $v ~~~ '\ y ~~~.l\ ~),.&--. c A. etlo1~ h<1...A.s~''1' 1'1\- F-e~ I\~, \Ia 2-' -- 4-~ C\(.~r. N~) ~ - "?u,"-.,>-C '. . MEMORANDUM TO: DAVID KOVACS - DIRECTOR, PLANNING & ZONING FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~ SUBJECT: TRUCK PARKING ORDINANCE DATE: NOVEMBER 12, 1990 By consensus at the Commission workshop meeting on 11/7/90 regarding the truck ordinance, the Commission directed staff to draft an ordinance that would provide for the inclusion of the R1A zoning district into the truck ordinance as recommended by the Neighborhoods Task Team and P & Z. Additionally, the draft ordinance is to include proposed language to eliminate churches that have their buses parked in their parking lots. P & Z is to develop criteria for hardship consideration for R1A zoning districts that would fall under the purview of the City Commission. We brought this back before the Neighborhoods Task Team for their consideration, and they have offered the following criteria for Planning and Zoning's consideration: 1. Trucks with a rating capacity greater than 1 ton may be exempt from compliance with the ordinance when the homeowner can demonstrate adequate parking spaces and screening of the ~d-I!". vehicle from his/her neighbor: 2. Trucks with a rating capacity greater than 1 ton may be exempt from compliance with the ordinance when the homeowner can demonstrate the use of the truck in question is the sole or primary source of income for the family and no~parking facility is available within City limits. ~r~ The Neighborhoods Task Team did not think that the Commission should give any consideration to the income of the household. They recommend that the Commission hear each case individually based on these specific criteria. After P , Z' s formal consideration, the revised truck ordinance will then be placed on the City Commission agenda for a new first reading. LB:DQ \tf-CE1'VEll D/8 TruckOrd.DK ~9Y. ~~. rQN\NG ~\ ~to...1~H~G& MEMORANDUM TO: RICHARD BAUER - CODE ENFORCEMENT ADMINISTRATOR FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ~ SUBJECT: TRUCK ORDINANCE DATE: OCTOBER 24, 1990 . The Commission found it difficult to vote on the proposed amendment to the truck ordinance. The item has been deferred to the November 7th workshop meeting. The issue is the hardship that we may be placing on business owners. Specifically, there was a concern about an individual who may own an 18-wheeler and that truck provides him with his only source of income. I think they are leaning toward a hardship criteria and consideration of allowing larger trucks with proper screening. Additionally, the Commission has asked that we determine if there are any commercial parking facilities close to Delray Beach that we might refer such owenrs to for parking services. I do not know of any, do you? Someone commented that there was one off Military Trail in a County pocket almost at our City limit. The Commission is also considering whether or not it would be prudent to require that the next company that gets the bid for towing in Delray Beach also provide such parking facilities. If you have any additional comments or suggestions that we can present to the Commission on November 7th, please forward to me. LB:DO 0/7 TruckOrd.RB - , " , October S, 1990 MEMORANDUM TO: DAVID KOVACS, DIRECTOR, PLANNING , ZONING FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: TRUCK ORDINANCB/NBIGHBORHooD TASK TEAM RECOMMENDATION The proposed revised Truck Ordinance language governing R-1A zoning districts was reviewed by the Neighborhood Task Team on Thursday, October 4th. They have requested tha t P , Z consider the following as possible amendments to the language that is before them at your October 8th meeting: For ,all R-1A districts, the truck rated capacity be increased from 3/4 ton to one (1) ton, and Consideration be provided for a ~hardship determination~ within the ordinance. They further recommend that the "hardship determinations~ be heard by the City Commission and that City staff be responsible for providing the Commission with factual information to establish such hardships. I will be present at the Planning , Zoning Board meeting to answer any questions the Board members may have regarding the Neighborhood Task Team recommendations. cc: Beverly Ish-Renick, Neighborhood Housing Specialist Richard Bauer, Code Enforcement Administrator B:TRUCK/DK/LGS ~ ,- '," ORDINANCE NO. 54-90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", SUBSECTION (B) / "PERL"IIISSIBLE PARKING", BY AMENDING SUB-SUBSECTION (B){l), "TRUCKS", TO PROHIBIT PARKING OF TRUCKS OR SIMILAR VEHICLES RATED AT GREATER THAN ONE ( 1 ) IN THE R-1A DISTRICT AND TO PROHIBIT THE PARKING OF MORE THAN TWO TRUCKS OR SIMILAR VEHICLES ON ANY PLOT; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Regulations, Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.13, "Parking and Storage of Conunercial Vehicles, Boats, Trucks, and Similar Vehicles", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending subsection (B)(l), "Trucks", to read as follows: (B) Permissible Parking: ( 1 ) Trucks: Restrictions on truck parking shall be appli- cable in all residential zoning districts e~her-~hafl-R-~A and shall permit only panel, piCkUp, van, and similar type trucks, not over 3/4 ton rated capacity; provided, however, that in the R-1A zoning district, such vehicles with a rating of up to one ( 1 ) ton capacity shall be permitted. No more than two such vehicles may be per- mitted to be parked on a plot. Such vehicles may only be parked on a plot improved with a residence, and must be used by a resident of the premises. Section 2. 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 deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 3. That this ordinance shall become effective after passage on second and final reading and shall apply to services rendered conunencing on November 1, 1990. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1990. MAYOR ATTEST: City Clerk First Reading Second Reading I I I ! ! : I " ORDINANCE NO. 54-90 AN ORDINANCE OF THE CITY CO~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", SUBSECTION (B), "PERMISSIBLE PARKING", BY AMENDING SUB-SUBSECTION (B)(l), "TRUCKS", TO PROHIBIT PARKING OF TRUCKS OR SIMILAR VEHICLES RATED AT GREATER THAN ONE ( 1 ) TON R -lAA DI STRI CT AND TO PROHIBIT THE PARKING OF MORE THAN TWO TRUCKS OR SIMILAR VEHICLES ON ANY PLOT; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Regulations, Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.13, "Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending subsection (B)(l), "Trucks", to read as follows: (B) Permissible Parking: ( 1) Trucks: Restrictions on truck parking shall be appli- cable in all residential zoning districts e~fter-~ftaft-R-~A and shall permit only panel, pickup, van, and similar type trucks, not over 3/4 ton rated capacity; provided, however, that in the R-1AA zoning district, such vehicles with a rating of up to one (1) ton capacity shall be permitted. No more than two such vehicles may be per- mitted to be parked on a plot. Such vehicles may only be parked on a plot improved with a residence, and must be used by a resident of the premises. Section 2. 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 deci- sion shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 3. That this ordinance shall become effective after passage on second and final reading and shall apply to services rendered commencing on November 1, 1990. Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1990. MAYOR ATTEST: City Clerk First Reading Second Reading I I II 11 CITY COMMISSION DOCUMENTATION TO: ~RYL L~VERETT, ADMINISTRATIVE ASSISTANT III ~ill \), cQ,~ FROM: DAVID J. KOV~S, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF OCTOBER 23, 1990 ORDINANCE AMENDING L.D.R.S RE TRUCK PARKING ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a text amendment to the LDRs. The affected Section is 4.6.13 and the subject is truck parkinq in residential districts. After first reading, the ordinance is set for a public hearing and subsequent enactment. BACKGROUND: This subject was raised by the City Commission in response to some specific complaints about truck parking in residential areas and about an adverse situation with respect to truck parking on lots in R-1-A zone district. Initial direction was to examine the truck parking requirements. Attached is a staff (Code Enforcement) memorandum which provides a good background and analysis of the current requirements. Addi tional input was received from the Neighborhoods Task Team and from the Homeowners League of Chatelaine, Inc. Please refer to the P&Z Staff Report for copies of those documents and an analysis of the issue. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board formally reviewed this item at its meeting of October 15, 1990. Following consideration of additional public testimony, the Board (on a unanimous vote) recommended that the existing regulations be amended to accommodate the following: * That in the R-1-A Zone District, the restrictions shall apply to trucks of greater than one ton capacity. City Commission Documentation Ordinance Amending L.D.R.s Re Truck Parking Page 2 * That there be a limitation of not more than two such trucks on any lot (plot) . (Note: This item pertains to all residential zoning districts.) Thus, Section 4.6.13(B)(1) would be amended as follows: ( 1 ) Trucks: Restrictions on truck parking shall be applicable in all residential zoning districts other than R-1-A and shall permit only panel, pickup, van, and similar type trucks, not over 3/4 ton rated capacity. In the R-1-A Zone District, the restrictions shall apply to trucks of greater than one ton capacity. Such vehicles may only be parked on a plot improved with a residence, (and) must be used by a resident of the premises, and shall be limited to not more than two such vehicles on any lot or plot. RECOMMENDED ACTION: By motion, approval of the proposed text amendment on first reading. Attachment: * P&Z Staff Report of October 23, 1990 REF/DJK68/CCTRUCK.TXT PLAlUfING AND ZONING BOARD MEMORANDUM STAFF REPORT TO: _~LANNING AND ZONING BOARD ( Cb'fY OF DELRAY BEACH 0~J ..kuQ04- \ "- FROM: DAVID J. KOVACS, DIRECTOR SUBJECT: REGULAR MEETING OF OCTOBER 15, 1990 -- CONSIDERATION OF AMENDMEIft' TO SECTION 4.6. 13 AS IT PERTAINS TO THE PARKING OF TRUCKS ON PRIVATE PROPERTY ITEM BEFORE THE BOARD: The action requested of the Board is that of forwarding a recommendation to the City Commiss~on on proposed changes to the LDRs. The specific Section IS 4.6.13 and the subject matter deals with parking of trucks on private property. Section l.l.6(A) provides that prior to action on a proposed amendment to the LDR~ a recommendation is obtained from the Planning and Zoning Board. BACKGROUND: The City of Delray Beach has similar parking restrictions for trucks on private property as do" other communities. In July, 1985, the Delray Beach Code was amended to exclude such parking restrictions in the R-l-A zone district. Due to complaints of truck parking being brought to the attention of the City Commission, it directed that the truck parking regulations be examined. Attached is a memorandum from Richard Bauer, Code Enforcement Administrator, which provides more information on the subject. Also attached is a letter from the Homeowners League of Chatelaine, Inc. and a memo (via Lula Butler) from the Neighborhoods Task Team on this subject. SUMMARY OF POSITIONS: The Administration initially recommended that the text be changed by deletinq the exception for R-1-A property. T2, ~. P&Z Staff Report Consideration of Amendment to Section 4.6.13 as it Pertains to the Parking of Trucks on Private Property Page 2 The Neighborhoods Task Team agreed with deleting the exception but recommended addinq a provision to allow trucks of one ton on property zoned R-1-A The Task Team also recommended that provisions be made for relief throuqh a hardship determination process. The Homeowners League of Chatelaine requested that their subdivision, by virtue of its R-1-AB zoning, have more strinqent requirements. ANALYSIS AND COMMENTS: The positions which call for modifying the R-1-A exception from being total to allowing trucks up to one ton can be readily accommodated; in that, they simply apply an existing regulation more equally throughout the City. Accommodating a relief process presents concerns. First, it has not been needed in the past (albeit, in the area where one might be sought the restriction didn't apply). Second, if applied, it should be available in all zoning districts; thus, creating opportunities and potential problems which don't presently exist. Third, it should have specific criteria established. These criteria could range from: a) economic hardship of the truck owner b) imposition of buffering requirements which exist for boats and recreational vehicles [Subsection (B)(3)] c) circumstances under which an exception would be made. It is the Director's position that if a change is to be made; that it be made; and that if it presents problems, the reason for the problems should either be corrected or the exception reinstated. The subject of imposinq more restrictions also raises concerns. The definition of what constitutes "open" storage and how this additional restriction pertains to other regulations dealing with recreational vehicles, boats, etc. must be addressed. The request also included motorcycles which, while noisy, do not present the same visual impact situation which is being regulated by the code. Whether or not a complete prohibition of all vehicles other than standard automobiles can be applied (through zoning regulations) in selective subdivisions is a concept which is administratively workable but its legality needs review. The key concept, I believe, is that of general applicability. Thus, I support broad regulations which apply to all zoning districts. P&Z Staff Report Consideration of Amendment to Section 4.6.13 as it Pertains to the Parking of Trucks on Private Property Page 3 The suggested language for the recommendation is: To amend Section 4.6.13(B)(1) by adding a new second sentence which reads - "In the R-1-A Zone District, the restrictions shall apply to trucks of one ton, or greater, capacity". RECOMMENDED ACTION: Review and comment, as deemed appropriate, and then provide a recommendation to the City Commission. Attachments: * Page 4.6.49 of the LDRs [Section 4.6.13(B)] * Bauer memo * Butler memo * Chatelaine letter REF/DJK#73/PZTRUCKS.TXT ( (B) Permissible Parkinq: ( 1 ) Trucks: Restrictions on truck parking shall be applicable in all residential zoning districts other than R-IA and shall permit only panel, pickup, van, and similar type trucks, not over 3/4 ton rated capacity. Such vehicles may only be parked on a plot improved with a residence, and must be used by a resident of the premises. ( 2 ) One boat, one boat trailer, and one recreational vehicle may be parked in a garage or carport which is effectively , screened on three sides, provided no portion of the boat, boat trailer, or recreational vehicle extends beyond the roof line. ( 3 ) One boat, one boat trailer, and one recreational vehicle may be parked in the side or rear yard provided the plot is occupied by a permitted structure. Such boat, boat trailer, or recreational vehicle shall be effectively screened against direct view from abutting properties in the following manner: by a masonry wall, ornamental fence, or dense hedge, six feet high or equal to the height of the vehicle if the vehicle is less than six feet high. If a hedge is used as the method of screening, the hedge should be three feet at the time of planting and should be of a variety which can reasonably be expected to reach the required height within two years. This regulation is not to be construed as requiring screening from direct view from the street in front of the plot. ( 4 ) Such boat, boat trailer, or recreational vehicle must be owned and used by a resident of the premises. ( 5 ) No boat or recreational vehicle which is parked in a residential district shall be occupied or used for living, sleeping, or housekeeping purposes, nor shall it be connected to any utility service. (6) A boat, boat trailer, or recreational vehicle may be parked only if it is currently registered as required by state or federal law, and if the transportation of the vehicle is in compliance with F.S. Chapter 317. ( 7 ) One boat, one boat trailer, or one recreational vehicle may be parked in the front driveway for a 24-hour period for the purpose of loading or unloading. ( 8) No boat, boat trailer, or recreational vehicle shall be parked in the area between the street and the structure. 4.6.49 .. . {;tic." CITYOFOELRAY B~ TO: David Kovacs DA TE: 9/4/90 FROM: Lula Butler SU8J: Truck Parkin~ Ordinance . -.., Please schedule the attached for . p & Z's review. Thank You. /dq Attachment "-0' t=>ca; -2 ~~-'\ 1?cel~L1') cG, W~S'-V'. A~A", t L C-t. lo/~ ~ fJ.'ic . r-~- --- _~~ '---: ~,-'EIVEu ~ .;,... 'tJ /"~" , ('" _I . ""~~~3~::"" -.--" -st: ~ '\ . (a) Any light van. pickup truck. jeep. automobile. or similar . type of motor vehicle. (b) Any recreational vehicle. boat or trailer. or any motor . vehicle described in paragraph (a) of this subsection which is a commercial vehicle. provided that: 1. Such vehicle. boat or trailer is parked in a permitted garage or carport. 2. No part of such vehicle. boat or trailer when parked in a garage or carport may project horizontally beyond the roof line of the garage or carport. 3. When parked in a carport. such vehicle. boat or trailer is screened on three (3) sides. Also note. in conjunction with the above ordinance. the following definitions apply from the City of Boca Raton Code of Ordinances Section 25-23(1) : (h) Commercial vehicle shall mean any agricultural. construction or industrial equipment. or any bus. step van. truck or truck tractor. The term shall include any motor vehicle upon which commercial lettering. as defined herein. has been affixed. The term shall also include. but shall not necessarily be limited to. a pickup truck with an altered cargo box. or from which the cargo box has been removed. Any motor vehicle with tools. building materials or merchandise visible from the street or from abutting residential property shall be deemed a commercial vehicle. (j) Jeep shall mean any motor vehicle not otherwise defined herein. which is designed such that all wheels can be powered and which is currently licensed and registered for operation upon public highways. (k) Light van shall mean any motor vehicle having a generally rectangular bulk. which is licensed and registered for operation upon public highways and which has a carrying capacity of one ton or less. (n) Pickup truck shall mean any motor vehicle designed primarily for the transportation of property within a permanently attached open cargo box and having a carrying capacity of one ton or less. c. City of Boynton Beach Code of Ordinances Section 14-3(b): (b) Time limit in areas zoned residential. It is hereby declared unlawful for any individual to park. cause to be parked or allow to be parked any farm tractor. semitrailer. 2 . . similar ordinances obtained from the other entities (Section A, above) is that the City of Delray Beach excludes one residential zoning district, R- lA, from truck parking restrictions. . Other notable differences, aside from "carrying capacity" or "capacity" or "rated capacity," are: - Boca Raton differentiates between commercial and non-commercial vehicles. - Palm Beach County limits allowable truck parking to one such vehicle per plot. Section C - Recommendations and Comments Current City of Delray Beach Ordinance 113.813(A) could be modified to be more compatible with other jurisdictions' ordinances (as enumerated above) by striking the words "other than R-IA" from the first sentence of said ordinance. The City Commission may wish to consider: l. The economic impact on residents currently in the R-IA district who will have to locate other parking facilities should the ordinance be changed. It may be desirable to allow residents a period of time to comply after enactment of any ordinance change. 2. Limiting the number of allowable trucks to be parked on a plot and perhaps limiting the parking of such vehicles to an approved location and surface on the plot. (More realistically, perhaps a limit on number could be linked to dwelling units.) 3. Differentiating commercial from non-commercial vehicles, vis-a- vis Boca Raton. 4. Changing the rated capacity or, at least, defining the term in the code in addition to standardizing terms (e.g., the City's Code defining "Pickup Truck" utilizes the terminology "carrying capacity of 3/4 ton or less" while the "Permitted Parking" code section utilizes the terminology "not over 3/4 ton rated capacity.") 5. Ensuring all residential zoning districts are included in the ordinance which defines "Residential Districts" for the purpose of truck parking (see Ordinance 173.811, Definitions, "Residential Districts." Currently, this definition does not include, for example, RO and since some zone classifications are being revised with the new Land Development Regulations, additional changes may be needed to the definition of "Residential Districts.") To provide some brief "legislative history" on the current City of Delray Beach residential truck parking ordinance, the following is presented: 4 . October 5, 1990 MEMORANDUM TO: DAVID KOVACS, DIRECTOR, PLANNING & ZONING FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT ~ RE: TRUCK ORDINANCE/NEIGHBORHOOD TASK TEAM RECOMMENDATION The proposed revised Truck Ordinance language governing R-1A zoning districts was reviewed by the Neighborhood Task Team on Thursday, October 4th. They have requested that P & Z consider the following as possible amendments to the language that is before them at your October 8th meeting: For all R-IA districts, the truck rated capacity be increased from 3/4 ton to one ( 1) ton, and Consideration be provided for a "hardship determination" within the ordinance. They further recommend that the "hardship determinations" be heard by the City Commission and that City staff be responsible for providing the Commission with factual information to establish such hardships. I will be present at the Planning & Zoning Board meeting to answer any questions the Board members may have regarding the Neighborhood Task Team recommendations. cc: Beverly Ish-Renick, Neighborhood Housing Specialist Richard Bauer, Code Enforcement Administrator B:TRUCK/DK/LG5 --.. " t) ("'\ lc~~ ~.' --. Homeowners League of Chatelaine Inc. P.O. Box 7481 . Delray Beach, Fl33484-7481 City Commission Aug 15, 1990 C/O City of Delray Bch 100 NW 1st Ave De1ray Beach, Fl 33444 To The City Commission and Others It May Concern, We understand that you have been requested to review the parking of trucks in residential neighborhoods. The Board of Directors of the Homeowners League of Chatelaine is requesting that the following be added to the code: "There shall be no open storage of trucks, trailers, campers, boats, motorcycles or any type of commercial type of vehicles in the RI-AB/Chatelaine zoning area" Thanking you in advance for your prompt attention to this matter. Sincerely, ~~G~~ Susan Ona President AUG 2 0 W . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 17, 1990 AGENDA ITEM: V.B. Recommendation Regarding Proposed LDR Text Amendment Dealing with Truck Parking i~ Residential Zone Districts ITEM BEFORE THE BOARD: The item before the Board is that of reconsideration of the matter of "hardship" and relief as it may be considered in the proposed amendment dealing with new restrictions on truck parking in the R-1-A zone district. BACKGROUND: This topic was before the Board previously when a recommendation was forwarded to the City Commission to impose truck parking restrictions in the R-1-A zone district in the same manner as they are applied elsewhere except that trucks up to one ton, as opposed to 3/4 ton, should be accommodated. The Board also recommended that, Citywide, there be a restriction of no more than two trucks allowed on a parcel. At that time, the Board did not support provisions for relief. At the City Commission hearing, concerns were raised about hardships on individuals and the item was remanded to the Neighborhoods Task Team and the Planning and Zoning Board for comment on the hardship issue. The Neighborhoods Task Team recommended that hardship be defined and applied as follows: Trucks with a rating capacity of greater than one ton may be exempt from compliance with the ordinance when the homeowner can demonstrate adequate parking spaces and screening of the vehicle from his/her neighbor; and demonstrate that the use of the truck in question is the primary sources of income of an individual within the household and that no other parking facility is available within the City limits. (The above is from the NTTs first reconsideration and then as modified following a discussion with some P&Z Board members on December 6th.) ALTERNATIVE ACTIONS: The following courses of action are available to the Board: 1. Recommend that the position of the NTT, as amended above, be incorporated into the LDR amendment. \:).~ '. . P&Z Staff Report Meeting of December 17, 1990 Recommendation Regarding Proposed LDR Text Amendment Dealing with Truck Parking in Residential Zone Districts Page 2 2. Recommend that there be no hardship provisions and that the ordinance be enforced in a reasonable manner i. e. which allows for some phasing in of the restriction pursuant to normal administrative processes (general notice, specific notice, warnings, citations). 3 . Recommend that some other basis be for exceptions be made (and so state the basis). RECOMMENDED ACTION: Action is to by motion. Since this is policy setting and interpretation matter there is no recommendation from the Director. DJK/dlm Attachments: * Previous memos regarding comments and recommendations on the proposed amendment. Please refer to the previous staff reports for an analysis of the underlying requirements (i.e. other than the hardship issue) . DJK/#74/PZTRUCK.TXT . MEMORANDUM TO: DAVID KOVACS - DIRECTOR, PLANNING & ZONING FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~ SUBJECT: TRUCK PARKING ORDINANCE DATE: NOVEMBER 12, 1990 By consensus at the Commission workshop meeting on 11/7/90 regarding the truck ordinance, the Commission directed staff to draft an ordinance that would provide for the inclusion of the RIA zoning district into the truck ordinance as recommended by the Neighborhoods Task Team and P & Z. Additionally, the draft ordinance is to include proposed language to eliminate churches that have their buses parked in their parking lots. P & Z is to develop criteria for hardship consideration for R1A zoning districts that would fall under the purview of the City Commission. We brought this back before the Neighborhoods Task Team for their consideration, and they have offered the following criteria for Planning and Zoning's consideration: 1. Trucks with a rating capacity greater than 1 ton may be exempt from compliance with the ordinance when the homeowner can demonstrate adequate parking spaces and screening of the ~\ vehicle from his/her neighbor; ~ ~ 2. Trucks with a rating capacity greater than 1 ton may be exempt from compliance with the ordinance when the homeowner can demonstrate the use of the truck in question is the sole or primary source of income for the family and no~parking facility is available within City limits. ,~~~ The Neighborhoods Task Team did not think that the Commission should give any consideration to the income of the household. They recommend that the Commission hear each case individually based on these specific criteria. After P & Z' s formal consideration, the revised truck ordinance will then be placed on the City Commission agenda for a new first reading. LB.DQ ~~cEl'VEll 0/8 f' ._ TruckOrd. OK ~9~ ~ ... p\J-.NN\NG &. lON\NG MEMORANDUM TO: RICHARD BAUER - CODE ENFORCEMENT ADMINISTRATOR FROM: LULA BUTLER - DIRECTOR, CO~IUNITY IMPROVEMENT ~ SUBJECT: TRUCK ORDINANCE DATE: OCTOBER 24, 1990 . The Commission found it difficult to vote on the proposed amendment to the truck ordinance. The item has been deferred to the November 7th workshop meeting. The issue is the hardship that we may be placing on business owners. Specifically, there was a concern about an individual who may own an IS-wheeler and that truck provides him with his only source of income. I think they are leaning toward a hardship criteria and consideration of allowing larger trucks with proper screening. Additionally, the Commission has asked that we determine if there are any commercial parking facilities close to Delray Beach that we might refer such owenrs to for parking services. I do not know of any, do you? Someone commented that there was one off Military Trail in a County pocket almost at our City limit. The Commission is also considering whether or not it would be prudent to require that the next company that gets the bid for towing in Delray Beach also provide such parking facilities. If you have any additional comments or suggestions that we can present to the Commission on November 7th, please forward to me. LB:DQ 0/7 TruckOrd.RB - . " . . October 5, 1990 . MEMORANDUM TO: DAVID KOVACS, DIRECTOR, PLANNING' ZONING FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~ RE: TRUCK ORDINANCB/NEIGHBORHooD TASK TEAM RECOMMENDATION The proposed revised Truck Ordinance language governing R-1A zoning districts was reviewed by the Neighborhood Task Team on Thursday, October 4th. They have requested tha t P , Z consider the following as possible amendments to the language that is before them at your October 8th meeting: For all R-IA districts, the truck rated capacity be increased from 3/4 ton to one (1) ton, and Consideration be provided for a "hardship determination" within the ordinance. They further recommend that the "hardship determinations" be heard by the City Commission and that City staff be responsible for providing the Commission with factual information to establish such hardships. I will be present at the Planning , Zoning Board meeting to answer any questions the Board members may have regarding the Neighborhood Task Team recommendations. cc: Beverly Ish-Renick, Neighborhood Housing Specialist Richard Bauer, Code Enforcement Administrator B:TRUCK!DK/LG5 - ". . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ':L~ - MEETING OF JANUARY 29, 1991 ORDINANCE NO. 10-91 DATE: January 25, 1991 This is a first reading of an Ordinance amending Section 118.27 "Fees" of the Code of Ordinances by repealing Subsections (A) and (C) in their entiretYi and by designating the remaining subsections in proper alphabetical order. This ordinance follows Commission direction regarding eliminating the numerous requests for waiver of application fees we have received from various charitable organizations. No other provisions of the Code with regard to professional solicitors or other professional fundraising personnel has been changed. Recommend approval of Ordinance No. 10-91. f~ \S+- ~ I \~9l9 / 6-0 o6tiL- . CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25,91 14:36 P.02 tiT' DF DElAA' BEAtH CITY AnORNEY'S OFFICE 310 S.E. Isl Sl"R!:;f.T. SUITE 4 · DELRA Y BEACH, nORmA 33483 407/243.7090' 1'ELfo;COPIER407/278-47SS MEMORANDUM Date: January 24, 1991 To; city Commission Fl.'om: David N. Tolces, Assistant City Attorne~ Subject: Charitable Organ1zat1on Amendment As d1rected by the city commission, this ordinance repeals the t. ee charged to charitable organizations' operating within the City. DNT:sh Attachment ce. David Harden, City Manager i I I I I I i I i ,~C I '. CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25.91 14:36 P.03 l, ../ ~. ~ ORDIN~CE NO. 10-91 AN ORDINANCE OF THR CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "BUSINESS REGULATIONS", CHAPTER 118, "SOLICITORS AND PEDDLERS", SECTION 118.27, "FEES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTIONS (A) AND (C) IN THEIR ENTIRBTY, AND BY DESIGNATING THE REMAINING SUBSECTIONS IN PROPER ALPHABETICAL :'~DER I ?RO'i::'!NG A SAVING CLAUSE; PROVIDING A REPEAL~R .~!..~:;~E ; PIlOVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1- That Title IX, "Business Regulations", Chapter 188, "solicitors and Peddlers", Section 118.27, "Fees" of the Code Ordinances of the city of Delray Beach, Florida, be, and the same is hereby &mended to read as follows: +1\t--aae1\ --appHeaU~ft --fer --re,ht:ra~iel'\ --as --a --eaade&l!lie erl7aft!:udeft -lIaaH -ee -aeeeQaftie4 -ey -It -ue -edO'tfta:l: -appHeadol'\ fee., t8t (A) Each applicaUon tor re9istration as a professional solicitor shall be accompanied by a $40 original application fee. tet --tit --Seeft -eaa~i~a~ie -e~9aft~&a~~eft -wh~eft -reee~Yed -tl'\ exee..-of-$Se1e997-B~~-fte-me~.-~ftaft-$Seyee9-kft-'~O.s-eeft~~tl!l~~teft. 4~rift' -lee -p~~er -f~aea} -yearT -e~ -aftY .eftar*~.l!l~e -er,aBi.a~ioa appiYlal wier -~ft~t~ai -rel~.~r.t~Oft -whieh -a.s -net -reee~Ye4 -aay eOl'\~~iB~~ieftIl7-sha:l::l:-pay-an-aftn~al-re,i.tratieft.!ee-ef-.:l:99T te;--aaeh--eaarl~.>>le--o~fafti.aeieft--whieh--reee~Yed--ift exees8--ef--.Se7ee9T--e~t--fte-.mer.--taaft--.~e97eee--ift--Ire.. eefttril!l~~teft.-d~rtft,-i_.-p.!er-!i.e.i-ye..-.ftaii-,ay-aft-.ftft~ai re,i.~.._ieft-fee-ef-'i99T t~t--Baea--ehari~aBie--.r,afti..tieft--wftieh--~ee.~Ye4--ift eMeess -ef -ue9,899 -h -,.ess -eeatdl!l~Ueft. -4'tlrb, -Us -pder !i.e.i-year-.hall-p.y-aft-al'\ft'tlal-re,i.~r.tieft-fee-et-.ae9., t4t-.ReYeft~e-reeeiv.d-f.em-,oYerftmeftt-,.aftt.-er-afty-ethe. lOVerftMel'\e -a}}ee.t~eft -shall -ftot -l!l& -'tleed -~o -de~erm~fte -tae elt~.,ory-ef-re,i.t..tieft-f..T tst (8) Each fundraiaing consultant or profeSSional solicitor shall pay an annual re9istration fee of $500. ta; ( C) Each professional solicitor employee shall pay an original application and re9iatration fee of $25 and an annual renewal registration fee of $15. ~ tP; (D) The fee for a change of address shall be $10. fet (E) The fee tor a change of name shall be $10. tH; (F) The fee for a change of address and name when sUbmitted simultaneouslY shall be $10. s.octi.on 2. 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 deci- sion ahall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ,.", . -.- - '. CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Jan 25.91 14:37 P,04 . . (. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That thia ordinance shall become effeotive ten (10) days after its passage on second and final readin9' PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of , 1991. >-_ :lR ATTEST~ City Clerk First Reading Second Reading I ~ 2 ORD. NO. 10-91 '.h ... _.. ,.,.- ....... .- '. . . M E M 0 RAN DUM TO: MAYOR ANO CITY COMMISSIONERS FROM: CITY MANAGERt~ SUBJECT: AGENDA ITEM * I~~ - MEETING OF JANUARY 8, 1991 REQUEST FOR WAIVER - AMERICAN HEART ASSOCIATION DATE: January 2, 1991 This item is before you to conduct a public hearing on a request from the American Heart Association to waive the required $300.00 annual registration fee pursuant to Section 118.27(C) (3) of the City's Code of Ordinances. Approval of this request is consis- tent with previous Commission action relative to the waiving of permit fees for charitable organizations. Recommend approval of request for waiver of the required $300.00 annual registration fee for the American Heart Association. PLEASE NOTE: Pursuant to prior Commission direction, we anticipate having an ordinance ready for first reading on January 29, 1991, to repeal certain registration fees currently imposed on charitable organizations. J; ~ODl CfJo otfa 7 [6IIVi)~ o.1~ / LYfr1 '. MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR, CmmUNITY IHPROVEMENT'~ FROM: DATE: DECEMBER 20, 1990 SUBJECT: AMERICAN HEART ASSOCIATION LICENSE FEE WAIVER BACKGROUND American Heart Association is requesting a City Commission waiver from the annual fee requirement. Charitable organizations are required to register their solicitation drives with the city for a fee based on gross contributions collected during its prior fiscal year per Section 118.27. As the American Heart Association Foundation collected over $100,000.00 last year, they are required to pay a $300 registration fee. The $40.00 fee mentioned in the Associations letter is a one time fee only that was waived by Commission initially, but $300 is due annually. RECOMMENDATION Staff recommends approval of the American Heart Association's waiver as was granted last year. . '. - ~ ('-'-7 ........ . t,' . - ..............., 500 N.E. Spanish River Blvd., #22. Boca Raton, Florida 33431-4516 ~ 407/394-0170 278-7222 o American Hearl Association ,-. South County Office " 0.<- (", ,(,0 '.' ", ..' y ./ ." ,~".... " <7 ' December 12, 1990 'J11 Ir --~ -',I ^'/, , &b ': "~:.)" 000 , .,J , , '" I~'" -',..... (' -- ~~( STEERING COMMITTEE City Manager's Office 100 NY First Avenue Chairm.n Delray Beach, Florida 33444 Harold J. Lynch, Jr. M.D. Attn: Nancy Roti Co-Ch.irm.n William R, Earnhart, M,D. Dear Nancy, Florence J. Bourg On behalf of the American Heart Association of South Palm Beach Arthur R, Bradley Elizabeth Gleason County, I would like to request that we be placed on the agenda Debra Mollohan at the next City Commissioner'S meeting regarding the fee of J.w. Mollohan $40.00 we have been assessed to solicit in Delray Beach for our Laurie S. Silvers annual Residential Campaign. In past years, all fees have been Jean Spence waived due to the fact that we are a national non-profit Bernard Tillson organization. Executive Director Attached you will find the information needed to process this J, Nick Buchholz request. Please advise if you have any questions. South County Coordin.tor Sincerely, Jane Johnson , ~.., / / p:.! tf- L ../,'( f...-t' c <::. 1<: t { l.. Jane Johnson South County Field xepresentative cc: J. \1ickles cc: N. Buchholz .. WE'RE FIGHTING FOR YOUR LIFE . ' . bD .~ .., . ChaFter H'lr of the Code of ordinances . Adopted J~ 1, 19~~- APPLICATIOiI FOR PERlUT TO SOLICIT IN TJIE CITY OF DELRAY DEJ\CII, FLORID1\. AMERICAN HEART ASSOCIATION, PALM BEACH REGION Name of Organization 1301 South Olive~ .venue, West Palm Beach, Fl 33401 655-8155 or 278-7222 Address Telephone llumber Incorporated: Yes: XX Ho: Date of Incorporation: see attached list of Board of Directors attached. Names of Officers and Directors To reduce death. and disability due to heart disease and educiation of heart disease. Purpose of Organization Name of Local Paid Executive: J. NIcholas Buchholz, Executive Director KINO OF ACTIVITY: Solicitation Mail and door to door (General Solicitation, Ball, Motion Picture, etc. ) to raise funds for research and community pro~rams s?e~.ttl't5' b'tJ<f'f,of~~ ~l~'g'd"tc!1te&rron INDIVIDUAL OF ORGANIZTION WHO HAS RESPONSIBILITY fOR CUSTODY OF THE CONTRIBUTIONS The applicant shall attach to this Application on a separate Lxh~b~t A, a list of persons, including their address and telephone number, who shall be available to answer inquiries during the hours when the solicitation is being conducted from all persons being solicited, relative to verification of the identity of solicitors and the nature of the sol1citation. This Exhibit A need not be published as part of the required publication set forth in Section of the Charitable Solicitations Ordinance. Failure to provide such list,'or to comply with the availability requirement set forth above may result in revocation of the permit to solicit~ INDIVIDUAL OF ORGANIZATION WHO HAS CUSTODY O~ &~~AN~f~~~ DEBORAH Me eARTHY; AHA AFFILIATE. P.O BOX 3 ,. G, FL 33733 893S Name and Address of Local Chairman or Pe7son Directing Solicitation Jane Johnson, Field representative, 500 N. E. Spanish River Blvd. February 1991 ___ Goal #28 Dates of Solicitat~on 866a Ra ton, Fl 33431 394-0170 Mail Methods of Solicitation does not apply - all volunteers Paid Promoters or SOlicitors Percentage ^greewent '"nit rai.inr At - Manaf."a.;ant. 1'5% Items Underwritten Estimated Administrative Cost of Fund Raising in Delray Beach '. ., ... . ~ Estimated Percentage of Proceeds to be expended in Delray Beach: see attached . - LATEST SOLICITATION IN THE CITY OF DELRAY BEACH: . Total Amount collected in 19 90 see attached Total Expenses in 19~ see attached Remitted to National or State in 1990 see attached Amount of Proceeds Expended in Palm Beach County in 19~ see attached To this form must be attached: Copy of Charter Copy of By-Laws ! Statement of income and expenditures for previous year for local, regional and national organization. The applicant hereby agrees that prior to allowing solicitors to undertake activity soliciting charitable contributions that the applicant will inform each solicitor of the nature and purpose of the drive and provide each solicitor with a copy of the advertisement or other publicatic approved under Section of the Charitable Solicitations ordinance. TI solicitor shall be informed that he is to show this material to any person raising a question as to the expenditure of funds being solicited. The applicant further agrees to acquaint said solicitors with all , rules and regulations provided in Code of Ordi nances of this City, and agrees that any violations thereof will subject tl organization to punishment as provided therein, including the revocation 0: the right to solicit in this City. This application shall be sworn to by the applicant and shall be accor panied by a consent of the charitable organization involved consenting to the solicitation of funds on behalf of said charitable organization. AMERICAN HEART ASSOCIATION, PALM BEACH REGION Name of Applicant BY'~ Tit e: E^c~ullv~ blr~~Lar SWOR..'t TO AND SUBSCRIBED before me this .J 9 t:t:: day of ~ , 19 q() . ~~~_bJ~ t10tary Public, Stat of Florida ~~T ~~~::;t;g:N TI~iM~ s~P~~'~.Ai 99L Hy Commission Expires: City Council: eOND&O THItU NOTA"" ~u.uc l.INO&RWalT&Il" Approved: Disapproved: . . . - " mr.u'f] ('rc.:i\TIOU CJ\ltD . . . In C'1..'lpli"llce \/itll of the Couc.: . . CIT'{ O~' DI;L1li\Y DCl\<:lI, l"LOIUDi\ Dy lLlIow' thi:. cLlru n1u:;t be rt:"tl or prc.:~clll:ctl Lo <111 rro~pcctivc uUllor::. NOT l\N ENl)Or..~CC'U:m' FOI". INFOI"Jli\TION ONL'i l'nlm I3~uch County <:h.:lptcr of "41e.~1 ~ ,1-;./ Ht?/frT . ~('l/r-r;~J/. . , . 'will conduct it::; <1llnuul npL'e.:ll. From ,/J(~ /. /9'11 to /?ta..-t tLV, /f9/ Distribution of $ S ! L/ 0 Co ('7 7 Income L<13t YC<1r / / Fund Raising, Admini~trution <1nd Public Info~ution $ 9. t7 fP t/.). '/, 91 .t.~ % ~~ke $ / If ~ ,I f/P Ie. . If 14% $ 110 J r/.7 t) / /3 % Public Health 91' ../s--J. J 7 InfOrma~ ~ $ /% ~vU ~(/ st .J.Sf, t;f 4% ! R",",~IIli;..l....1IId . $ I Transmittad to ~) National, ( r.........l if'i ~-,,#[J""" . State or Area $ ~-t,.:2, 6-j'O,jtJ 4{) %. Total Uistribution S I *t, -'/'} 7.'" 6 /C1,' % - -. ..- Each Dollar contributed tc I!m~"1'4'" ~,!- ~$".",.h~", . last year .....as s~ent as ~ho'..n b~lo''''' -~ . . Fund Rai!ling, . Admini3t:aticn und Public Informntion \ :).0 % . """\ \ . ) Research -?~ ., . o. J I I IIiOC1 ./ ~' / .. " . ..... ....., -" . .......--.. Not'! : CORll'li.lIlce ,.,i.th other a['['lir.nble InwlI is not waived by the i~suonce of Q pennit ~o solicit. '1'0 be used only by the solicitor, ",hOEC UiCjlloture appenrs below. ComlHlrc with yuur receil)t. Si~n"turcs: Delrny Uent:h Chnil:l1\an Ou.l.ic.:itor Dntc e rr:acl;.lve: C>;pi.rc:i : , .-...~ -,.~ .-- .- . . ------------- - -- . . " M E M 0 RAN 0 U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt'f1 SUBJECT: AGENDA ITEM # - MEETING OF JANUARY 29, 1991 ORDINANCE NO. 11-91 OATE: JANUARY 25, 1991 This is first reading of an ordinance prepared by the City Attorney's Office in order to clarify the inapplicability of Section 36.04 of the City's code to instances where the City has authorized the taking of a property. If passed, public hearing will be held on February 12, 1991. Section 36.04, "Acquisition of Real Property", presently requires that before any purchase of real property shall be effected, a notice setting forth the terms and conditions of the purchase shall first be published once a week for at least two weeks in a newspaper of general circulation before adoption by the Commis- sion of a resolution authorizing the purchase of property. It appears that Section 36.04 was drafted to ensure the public would be apprised of the terms and conditions of any purchase and therefore act as a check against bad transactions. In the eminent domain setting, however, public scrutiny of any such acquisition already exists, making Section 36.04 redundant. Consequently, due to the requirements of Section 36.04, there could potentially be a damaging delay in order to effectuate the acquisition of property. Recommend consideration of Ordinance No. 11-91 on first reading as recommended by the City Attorney. p a..ooulL ~..A.J.il.&- t I a.q I q I 6-0 ~ CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Jan 11 .91 15:'::1 P. (15 . ' ORDINANCE NO. ll-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CIT'! OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINI- STRATION", CHAP'I'BR 36, "FINANCE; CITY PROPERTY TRANSACTIONS" , SECTION 36.04, "ACQUISITION OF REAL PROPERTY", 01" THE CODE OF ORDINANCES OP THE CITY OF DELRAY BKACH TO PROVIDE THAT THE PUBLICATION OF THE TOMS AND CONDITIONS OF THE PURCHASE OF PROPERTY SHALL NOT BE NBCESSARY IN THE EVENT THE CITY RAS AUTHORIZED '1'H! USE OF ITS BMINENT DOMAIN POWERS ; PROVIDING A SAVING CLAUSE; PROVIDING A GEN!:RAL REPEALBR CLAUSE; A!ID PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAIKBD BY THE CITY COMMISSION OF THE CITY OF DBLRAY BEACH, Ft.ORIDA, AS FOLLOWS: sectlon 1. That. Title 3, "Mmlnlst.ratlon", Chapter 36, "Finance, City Property Transactions", Section 36.04, "Acquisition of Real property" of the COde of Ordinances of the City of Delray Beach, Plor ida, be, and the same is hereby amende<! to read all follows: Sec. 36.04 ACQUISITICM or R&AL PIlOPBRTY. Whenever, in the opinion of the City Commission, it would be in the best lnterest of the clty to purchase certaln real property which would be require<! for municipal purposes, th~ commission is author1led and ~red to make that purchase at the price and upon the terma and condltiona it deems to be in the bellt interellt of the city. Hewe.er7-bet.re-aftY-.-re~a.e-.t-reai-pro,.rtY-lhail-ae effee~e"7 Unless the cit hu authorized the use of itll eminent domain pOWers or t e gurc se 0 rea !!I~rty, a not ce 0 t at purchase, letting forth the term. and co tons of any purchalle of real proper~, ahall be firat published. once a week for at least two weeka in a newspaper of general circulation puDUahe4 in the city before adoption ~ the Commi..ion of a re.olution authorizing the purch&ae of the property at the price and on the terms and oonditione .et forth therein. Section 2. That .hould any net ion or provision of this ordinance or any portion thereof, any para9t'aph, sentence, or word be declared by a court of campeteDt jUri.d1ction to be invalid, such decision shall not affect the valid! ty or the remainder her.of as a whole or part thereof oth.r than the part declared to be invalid. Section 3. That all ordinanc.. or parts of ordinances which are in conflict herewith are her&bf repealed. section .. . That thb orcUnanc. shall beCOll8 effective immediately upon pas.age on aecoad and final reading. PASSED AND ADOPrBD in regular ....10n on lIecond and final reading on this the ____ day of , 1990. IlAYOIl A'l"'l'BSTI Clty Clerk Flnt R.ading Seoond ReacUng ". CITY ATTORNEY'S OFFICE TEL t'~o. 407 273 4755 Jan 11 ,91 15:18 F'. el2 .....; .- ....,. [IT' OF DELIA' BEA[H, <,,' ,";', ":';I",':.I~"".I"!"t,"..~ J .." CITY ATTORNEY'S OFFICE 3] (l S.P. I Rt STREET. SUITE 4 . DELRA Y BEACH. FLORIDA 33483 MEMORAND-eM/243-709Q · TELECOPIER 407/2784755 I Date: January 11, 1991 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: Resolution NO. 2-91/Acquls1tlon of Fire station No. 1 Site ~._. ...."_. .""-,......_ ...._~_._.~...._-......L.~.._._~. ~. ~,.. ~.._. .... . . ow ..~., ..... . " "._~---.._- ~he above-referenced resolution deals with the same contracts that were approved by the City commission at your December 28, 1990 meeting. As I indicated to the Commission at that meeting, the City co6e has a provision wbich requires that notice of the terms of the purchase be advertised for at least 2 weeks prior to passing a resolution authorizing the purchase (see Section 36.04 copy at tacheCl) . While it is our office's opinion that section 36.04 is inapplicable to the current situation wherein a resolution of taking was previously passed by the commission, we are nonetheless recommending that it be complied with in order to avert any potential title glitches or problems. We do suggest, in an effort to eliminate potential future problems, that section 36.04 be re-written to clarify its inapplicability to instances where the City has authorized the taking of a property. It a.ppea.rs that Section 36.04 was drafted to insure the public would be apprised of the terms and conditions of any purchase and therefore act as a check against bad transactions. In the eminent domain setting, however, pUblic scrutiny of any such acquisition already exists, making Section 36.04 redundant. consequently, due to the requirements of section 26.04, there could potentially be a damaging delay in order to effectuate the acquisition of property. Should you have any questions concerning this matter, please do not hesitate to contact our office. JSK: !J:*-I5fl AttachmentIS' cc; David Harden, City Manager CITY fnTOF:~,jE\( , S OFFICE TEL Ho. 407 278 47C"t::" Jan 11 ,91 15: 19 F' . Cl3 I ,_) ._J ... ., .r .. . 36.03 DEL~l OJ^" FINANCE 72 $,.~t,03 VARIANCBS ~ETWE~~ ~RE 8~D/QVg~ ~D tor hi. failure to meat the pr$vlously lJ .c;.O~.iI"1'ION PRICE. eatabli.hed oompletion time schedule. Where possible, specification. aball be those in The Pu~cha.in9 Adwinll1trator shall have general use 1n an appropriate trade o~ the <<uthority to make purchas.. for per.onal indulltry, and shall be referred to by name prop~+ty, lIupplio., or contractUAl service. and title (4. in the case of the standardized under I 36.02 it the delivered price doe. specification. i.aued by the American Society not eitherl for "1'eBtin9 Katerialsl. (A) E~ceed 10\ or $1,000 whlchever i. (8) Deposits, penalty bonds. BidderB may lower of the bid/quote price of the avarded be requIred to make those deposita all may be vendarl or de.med requisite to cover the cost Of any plan. o~ apecificatlcns, theBe deposits being ( 8) Doea not exceed the next lowest redeemable upon application of the bidder bidd.r, .ubject to current price ~.n the plane and speclficAtlona are Torifieation. ~etu~ned in acceptable order. !lidderlJ 1M)' ('80 Code, 2-35) ( Ord. 14-83, pa...d 41.0 be required to post penalty bonds as may 4-12-83) be deemed nec..aary to protect the city fully in an eventuality AS the inability ot ~he I 36.04 AcOUISI~H)U OF RBAL PROPERTl. vendor or contractor properly to fulfill the terma of the purcha.e order or contract for Whenever, in the opinion of the city any and every reaBon. collUl1i..ion, it would be in the beat 1ntere.t of the city to purchase certain real ( C) One-price, cOBt.-pl UB, and dollar ~roperty which would be required for aUlount bids. Invitations to bid Bhall define municipAl purposes, the commiasion i. the nature ot the bid in term$ of these authorized and empowered to make that cateqor1es as a one-price bid, II cotlt~plull purchase at the price and upon the terms and bid, cOlt-plu. fixed fee bid, or II dollar condition. it deems to be in the ~.t amount as it mar be determined by a stated interest of the city. However before any formula (but on y one cateqory shall be Jl.y!'chau of real property .:a~~ :; ~~e~d, defined in the invitation). a no~1C8 o~R.t puren..e, 'i ort the terms and conditions of any purchase ot real ( 1) In the case of a one-price bid, property, shall be first published once a th$ whole cost to the city shall be inclusive week tor at l..at two weeks in a ne_paper of all cost and expense elements as \.-I of general oirculAtion published in the city engineering, legAl, or technical consultation before adoptlon by the commission ot a fa.., jab-preparation expenllB, insurance resolu~ion authorlaing ~he purcha.e of the prem1u~, shipping charge., stand-by time, property at the price and on the ter~ and and the living or travelinq expenses of job oonditione f~t forth therein. personnel (although 4 detailed achedule of ( , 80 Code, , 2-36) ( ord. 14-83, passed all costs and expenses .hall not be requi~ed 4-12-83) to be disclosed in the c~se of a one-price bid) , together with 4 schedule ot propoaed I 36.0' BIDI)~1iG PROCEDURES. terms of payment and any allowable di~counte. (A) IpecificatIons. In t.he caee of ( 2) A cOit-plus, or any sl1dinq .ealed co~titive bidding fo~ any purchase 8cal", bid ~y be invited with the conce~ted of, or to cov.r Any contract tor, the app~ovAl of the CIty Manaqer and the Director acqUisition of qood., .ervie.., or of Public Work. in the Ca8S of a proposed structures, and regardl... of the project for which reaBonable coat Or expense anticipated whole cost, the city .hall ..timates do not appear feasible (al in the furnish to each bidder a unIfor~y _qual ca.e of a project involving possible remoVAl description, specification, or plan, of unknown quantities of concealed rock). t0geth.r with specifIoally stated Under this circu~tance, the bid ahall set alternatives thereto, which vill cover all forth the total of all of the details of a.peets of type, kind, c:har.cter, quality, determinable coats And expensea together w!th or quantity of, and the maxi.um allowable schedules of the variable cost elementa a~ time for the delivery of the good., or the uni t;- co. t., per diem costs, and the like, all completion of the contraot for which bid. are required by the bid invita~ion. are invited. PurtherllOre, ln the ca.. that ( , 80 Code, 5 2..37) emargency requirement. may render time, a. aU<<h, to be ot the ....nge of the eontr.c~, ~ ~~4- 06 COMPETENCY IU ~l~QtNC. tho.. ori9Inal specification. (available to all bidder.) ahall contain . formula Which competency in bidding i8 defined as being evaluates ti~ in t.r~ of dollars per able properly to demonatrate trade or calendar day or traction thereof, which may industry proficiency, standinq, and be properly used in effecting a qualiticatlona, and the financial ability to det.r~natlon of the 10ve.t competent delIver the goods or to complete the contract U blader, and which ahall be the basla for the as executed, together with the aubmiswion ot oalculation of any pen.ltle. to be .s.e..ed . bid whiCh, in every re.pect, fully meeta again.t the contractor in a final settlement and CQ~11.. with the terme, conditions, And .pec1ficatlons, or stated alternatives 1 no '-6